W 58

58.  Charny asks:   Two captains of war are in the field against each other and fight.   One of the parties has the better of it at the beginning, so that those in this party take ten or twelve prisoners.   In the end it happens that the party of the prisoners rally and attack the others and defeat them entirely and take possession of the field and recover all the other prisoners taken at the beginning.  And so those who took the first prisoners that they should come and be their prisoners; some of those who took the first prisoners are taken themselves and some have gone.   It was said to the first prisoners:   “Swear to be my prisoner,” and so they did it and should not be contesting this captivity.   The first say that they are not required to go, and the others say that they are.   There are many good arguments.  How should it be judged by the law of arms.