Friday, May 27, 2011

W 57

57.  Charny asks:         Men at arms encounter each other and fight.  One of the men at arms in one party takes one from the other side, and that one surrenders himself as prisoner by his good faith, if the other protects him from death; and the one who takes him promises him and then leaves him unguarded.  So it happens that some of the men at arms of the same party as he who took the prisoner find this prisoner and tell him that if he does not surrender he will die, and he answers that he has surrendered to one of their party and gives his name.   They don't believe him and strike him and wound him in many places and want to kill him if he does not surrender, and  during this conflict the prisoner is rescued by his party and is led off to safety.  The one who first captured him requires him to come to him as a captive according to the faith which he gave; and the other says that he is not required to do so.   Many good arguments are given on either side.  How should the men at arms judge the case?  

1 comment:

  1. Richard II Durham Ordinance:

    XIII. ITEM, if any one takes a prisoner, and another shall join him, demanding a part, threatening that otherwise he will kill him (the prisoner), he shall have no part, although the share be granted to him; and if he kills the said prisoner, he shall be in arrest to the marshal, without being delivered till he has satisfied the party, and his horses and armour shall be forfeited to the constable.