Friday, May 27, 2011

W 75

75.  Charny asks:   Men at arms encounter each other and fight until one of the parties is defeated.  It happens that one man at arms of party with the upper hand takes a man at arms of the defeated party and says to him, “Surrender to me!”  And the man at arms says “I surrender to you,” and gives him his sword; and the one who has captured him gives him to one of his valets to guard and this companion goes to fight with the others.   Then another of those who have the upper hand comes and finds the prisoner which the valet of the other companion is guarding and demands from him whose prisoner he is, and the prisoner responds, “So and so of your party.”   The man at arms asks if he has given his faith, and the prisoner replies that he has not given any faith, at which the companion says that he will kill him if he does not swear to be his prisoner.  And this one takes his oath as a prisoner and takes him away despite the valet.   And when evening comes the companion who first took him without faith being pledged demands his prisoner; the other who has his faith says no.  Many good arguments are given on either side.   How will it be judged by judgment of arms?  

1 comment:

  1. Richard II Durham Ordinance:

    XXII. ITEM, if any one take a prisoner, he shall take his faith, and also his bacinet, or gauntlet, to be a pledge and in sign that he is so taken, or he shall leave him under the guard of some of his soldiers, under pain, that if he takes him, and does not do as is here directed, and another comes afterwards, and takes him from him (if not under a guard) as is said, his bacinet or right gauntlet in pledge, he shall have the prisoner, though the first had taken his faith.