Here begynneth the table of the rubryshys of the boke of the fayt of armes and of chyualrye whiche sayd boke is departyd in to foure partyes ...

¶Whether a prysonner of werre may departe hens after he is shet vp and not mysdoo anempst hys maister / Capytulo / xxiij / (Book 23)

NOw wil I make the another demaūde that of the pre¦cedent as of a prysonner of werre alynoughe dependeth I putte caas that a knyght hath taken in werre his enne∣mye / and hath putte hym in a castel or in to som other pry∣son / I aske the yf the prysoner seeth tyme and place for to es¦cape awaye by cawtelle or subtylte / Whether he may do thys lawfully after the ryght of werre / for I make doubte that he may for many raysons / fyrst / bicause he hathe taken hym his feyth / soo may not he goo awaye without he must be forsw∣orne whyche ys a thyng that the lawe can not graūte that a

man shall forswere hym self / y^e other is / that right wil not that men shal not doo to other / otherwyse than they wold be doon vnto / and thys man wolde not that hys prysonner yf he had eny shulde paye hym soo / and thus dooyng he dooth trespas ayenst thys Lawe / that other is that he is lyke his seruaunt and in hys mercy vnto tyme that he haue acquyt∣ted hym self of hys raunson / Thenne thus he mysdoeth as me semeth in as moche that he taketh hym self from hym as hys owne pure and propre gode / whiche can not be doo with out mespryse / Nowe fayre loue to thys I shal ansuere the for that other partye / and moche is here to see to / For herof behoueth to be determyned after the cyrcomstances / I telle the that men may saye for that other that he had in thys no thyn¦ge trespassed / For he hathe doon after the lawe of nature whyche gyueth to al manere of personne a ryght to be in ly¦be••tee / ¶Item whan he gaaf hys feyth it was by force and by compulsyon doon / And the lawe compelled not to kepe a promesse made of force / and other reasons myght be sayde / But as to the ryght of armes whyche is permytted by all lawe / al that maketh but lytel / For to the ryght for to goo I telle the that whan a man is taken and gyueth his feith to kepe pryson wythout faylle he can not departe awaie but he wyl trespasse bothe ayenst god and the worlde wyth out he take leue of hys mayster / ye som caas reserued that must be well vnderstande / That is to wyte that the sayde mayster doo not to hym noon other evyl nor hurt than to put hym in a couenable prysō / as ryght hath lymyted & wil ¶But I accorde wyth the wel / yf he were kept soo strayt∣ly and soo euyll delt wyth all that hys lyff or helthe were putte in Ieopardye therby / and that Inhumayne or cruel∣le a thyng it were / I afferme vnto the that yf he can fyn∣de

meanes for to escape awaye that a ryght grete wyt it we¦re / nor for noo trespas it ought not to be taken / or ellys also yf the master were vntreatable and that wolde not ta∣ke noo reasonable raunson after the powere of hys pryson¦ner / and had proffered hyt vnto hym dyuerse tymes / ¶Item also and yf the mayster were soo cruell that he we¦re wont to doo deye or tormente or make hys prysonners to langwysshe in pryson / or suche other crueltees that doon ayenst the lawe of gentylnesse / he that suche a man holdeth is not bounde to kepe hym promesse nor feyth yf by eny wa∣ye he may escape / For suche a feyth to gyue is to be vndre∣stande that lyke as the mayster is lorde of the prysonner by ryght of armes / he in lyke wyse ought to entreate and ke∣pe hym goodly and humaynly as the sayd ryght requyreth / And not to kepe hym as a beste or worse than a Iewe or sarrasin / the whiche namely behouen not to be dealed with all so sharply that men gyue them cause for to dyspeyre hem self / And therfore I telle the that he that furst breketh to other and doo trespasse the ryght / deserueth also that in ly¦ke wyse be doo to hym / Ye mayster / but yf it happed that som gentylman toke another in goode werre •• And notwy∣standynge that the prysonner haue sw••rne to the mayster for to kepe pryson / the sayd mayster kepe hym in a stronge toure fast shet vp / I aske the yf suche a prysonner may goo hys waye yf he can / and not be in noo fawte therfore / ¶For som myght thynke ye / seynge that the mayster trus∣teth hym not of hys othe that he hathe taken of hym / And sythe that he trusteth not in hys prysonners feyth / thenne can the prysonner breke noo feythe / for he contenteth him not wyth the fyrst bonde / But taketh hym another more stronge to whyche he trusteth mooste / Therfore breketh

not as it semeth the prysoner hys feyth / syth hys mayster re¦puteth and taketh hyt as for noone / I telle the yet ayen that after thys that the ryght hathe dystyncted of that that con∣cernen the thynges of armes / yf the gentylman that hys pri¦soner / is sworne to holde and kepe hys feyth to hys master / wh̄yche in lyke wyse after hys promysse / gyueth hym mete & drynke suffysauntly and lodgyse not ouere strayte / and is wyllyng to treatte wyth hym for a reysonable raunson / and that wolde not / he myght be appayred of hys helthe for cau∣se of the pryson that hys masters gyueth hym / yf suche a pri¦soner escape out and goo his waye / thoughe hys mayster ke¦pe hym in a sure holde / that he breketh hys othe and doeth ay∣enst the ryght of werre and hys dyshonoure / For yf he be a gentylman he ought to doo as it apparteyneth / that is to wyte to holde hys othe to hys master whyche sholde haue kyl¦led hym whan he toke hym yf he had wolde / And supposid that he kept hym fast shet vp / he doeth to hym noo wronge / For he dyde promyse hys master to kepe pryson wel and tru¦ly and not breke hyt / soo can not excuse hym self suche a fu¦gytyf but that he hath doon euyll / For syth he dyde putte him self in pareyll of bataylle / that is to wyte to be other ded or taken / he ought to haue bethoughte in hym self / that pryson was not a place of dysporte nor of feste / Soo ought he then¦ne sythe that he is fallen in to parell / to bere swetly and pa¦cyently the penaunce in hope to come out atte last to the best