Tuesday, November 10, 2009

Another Charny question?

In my research and translation of Charny questions, I have been working mainly from the Michael Taylor (Chapel Hill) edition. Recently I've been looking more closely at the Belgian edition by Rossbach. Not only does the Rossbach edition have an answer to one of the questions, it has a question unknown to Taylor! If it were in the Taylor edition it would be war question 80A, and if Rossbach had included it in his edition as a confirmed part of the text, it would be question 121A. The fact that Rossbach did not include this question in his main text makes me think he doubted that it was genuine Charny. And after all only appears in one manuscript.

Here is my translation of the question:

Charny asks:

Men at arms fight in the field against their enemies and it happens that one of the men at arms of those who have the upper hand takes another man at arms and he who is taken surrenders to the one who is taken him and gives faith as his prisoner. But very soon the party of the prisoner has the better of it and defeats the others and takes the field, and the prisoner, who sees his party get the upper hand attacks his enemies and takes two or three of them and makes them swear to be prisoners and gives them a day [on which to pay ransom]. Those come on their day and demand of the captain of the one to whom they had sworn by the law of arms saying that they should not be held to be prisoners to him who on that day had [been?] a prisoner, notwithstanding that he is able dispute that because of the rescue he ought to be free; and the first one taken says that they are his prisoners, for he was rescued. And many good arguments are given on one side or the other. How will it be judged by the law of arms?
Note that this is the only Charny question where a captain or other authority figure is identified as presiding over a case by the law of arms.

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