Page:MS V.b.104 135r.png

or yf his taker becommeth a Rebell or is excommunicate, or yf somme
notable quarrell doe againe happen betwext the saide Prisonner
& his taker, so as for feare of evell intreatie he doubteth to goe perso:
nallie vnto him, or yf his taker doe ioyne in firme frendship wth the
prisonners ennemie, or yf in respect of a newe warre they become
ennemies, or yf the waye wherby he muste of force passe, be not
saffe, or that the tempest be so terrible as he cannot traveyll. In
all such Cases, includinge lawfull & vnfained excuses, the lawe
Ciuil dooth provide that a prisonner shalbe pardoned. Notwthstan:
dinge so sone as the saide impediments be removed, he ought retorne
to his taker and obserue his ffaithe.

Whether A prisonner taken in combatt for
life maie be geuen & made the prisonner of
an other by guifte of his taker.

Ca. 11.

The lawe saith that a vassall or leige man cannot
wthout his owne consente be graunted to an other who is equall
or of lesse condicion, then is the lorde of the vassall, But yf he
to whome he is geven be a greater person, then the prisonner maye
be accompted as his in respecte of the victorie & not by waye of
sale. ffor Baldo hath heretofore alleaged, that buyenge & selling
of men is no lawfull trafique. Also by custome of chivalrie
a Prisonner is not to be graunted over, because the Prisonner
at his takinge yeldeth to his taker only & therore cannot be ge:
ven to an other though he to whome the guifte is made be the
sworne gever frende of the gever. ffor asmuch as the prisonners
submission passeth not into a thirde person, although the priso:
ner had so promised.