W 53

53.  Charny asks:   Some men of a castle garrison ride out and encounter their enemies; and they fight and the enemies are defeated.   The men of the said garrison gain prisoners, horses, and plenty of other goods, and take possession of the field.  So they return to their castle, and all their gains of whatever sort are part of the common booty by the ordinance made and enforced in their castle.  So it happens that before the gains have been shared out their enemies ride out, and the men know of it and ride out and encounter them.   One of the men at arms of the garrison has gone out, mounted on a horse which he has gained on the day before with his companions and is part of the booty, and in that expedition he loses that horse.  When they have returned to their castle and want to divide up their gains, the companions demand their share of the horse which was lost.  The man at arms who lost it says no.  How will it be judged?