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Another manere of questyon I wyl to the make / I as∣ke of the what men ought for to doo wyth the thyn∣ges that be wonnen vpon the ennemyes in bataylle / Dere loue to thys questyon byhoueth to be ansuered by dystync∣tyon of cases / For fyrst after the cyuyle lawe / is to be vn∣drestande of what astate and condycyon the persone is that
hathe conquested a thynge by faytte of werre / And there is a manere to vndrestand in what cases & in what werres thees lawes haue place / For yf a werre be made by maū∣dement or callyng of the kynge or prynce / that hath power to ordeyne and sette vp a Iuste werre / som lawes be reser¦ued to suche a lorde / and not to other folke / that is to wyte that all the getynge ought to goo atte the wylle of the prī∣ce or of the lyeutenaunt or hed capytayne / For syth that the men of 〈◊〉〈◊〉 are atte the wages of the kynge or pryn¦ce what someuere they take be it prysoners or other proye oughte be to the lorde after the lawes / And auncyently it was woned to be thus doon / What that of grace in tyme present by longue custome in Fraunce and in other landes is lefte to the men of armes that whyche they conquere and gete / yf the thynge that they conquere be not of so grete a po¦ys that it passeth the pryce and Somme of ten thousaunde frankys / the whiche thynge be it a prysoner or other good moeuable is yolden vnto the kynge or prynce / by al thus / that he is holden to gyue to the sayd man of armes that ha¦th goten hit what so euere he be / the sayde pryce of / x / thou∣saund Francs / And suche a thynge is a gode custome in a lande / But the forsayde lawe affermeth the decree that sayth playnly that al the proye ought to be after the pryn∣ces wylle / And ought to departe it iustely amonge them that haue holpen to gete hyt euery man after hys mery∣te / And that thys thynge be of a trouthe / noo man myght not susteine the contrarie / For the same is approued by the ryght vriton yt namely assygneth therto suche a reason that is to wytte / that if it were soo that the prysonners or proyes shulde be to the man of werre / all thus and by the sa¦me
reason shulde be theyrs the castelles and townes that they take / the whyche thynge were neyther good nor Iuste that they wyth the money of the kynge or prynce and had at hys expenses shulde gete for theyre owne behoue eny gro¦unde / For that whiche they doo is doon / as of the kynges owne werk men that be sette awerke for hym and in his na¦me / therfore ought not the proye to be theyrs wyth theyre wages / but onely thys that the prynce / wyl 〈◊〉〈◊〉 ••hem of a specyall grace the whiche grace to saye trouthe wel and lar∣gely hit behoueth them / as to them that setten in aduēture so dere a catell / as is the blode the lymes and the lyffe And the more that a prynce is hygher in the degre of noblesse so moche more he ought to rewarde theym that wel haue deser∣ued it / ¶And of the proyes wonnen in erthe the noble and worthy auncyent kept nothyng ther••of for theyre ow∣ne self / but onely hyt suffysed them to haue the name and the worshyp of the dede doon by theyre men whyche had the proffyt therof / And by suche awaye they gate the hertes and loue of theyre men of werre / that they brought atte a gode ende theyre grete and merueyllouse entrepryse /