A14350:455
The Common Places
The common places of the most famous and renowned divine Doctor Peter Martyr divided into four principal parts: with a large addition of many theological and necessary discourses, some never extant before. Translated and partly gathered by Anthony Marten, one of the sewers of her Majesties most honourable chamber.The common places of the most famous and renowmed diuine Doctor Peter Martyr diuided into foure principall parts: with a large addition of manie theologicall and necessarie discourses, some neuer extant before. Translated and partlie gathered by Anthonie Marten, one of the sewers of hir Maiesties most honourable chamber.
Imprinted at London : In Pater noster Rowe, by Henry Denham and Henry Middleton at the costs and charges of Henry Denham, Thomas Chard, William Broome, and Andrew Maunsell, 1583Imprinted at London : In Pater noster Rovve, by Henry Denham and Henry Middleton at the costs and charges of Henrie Denham, Thomas Chard, VVilliam Broome, and Andrew Maunsell, 1583
No title page in the transcription: set from the catalogue record.
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
Of Prescription and Custom.
Of Prescription and Custome.
7 We gather out of the history of the Judges, that the right of prescription is no new thing, 1but hath been planted in the harts of men by GOD himself: and for what cause it was found out, I will declare in few words. 2It may be, that a man unwittingly possesseth the goods of another man: as for example. There is an heir, which succeedeth him that is dead, & among his goods he findeth some things, that were wrongfully held of him, or kept in pawn, while he lived; which he not knowing of, possesseth all those things with a safe conscience: and thus ignorantly & unwittingly he holdeth other mens goods in stead of his own. What then? Shall the heir never seek the just possession thereof? If the right owner never make claim to his own, ought the ignorant to defraud the heir for ever, that he should never possess it again as his own? Doubtless, if the owner do never demand again that thing, it must be ascribed to his own sloth, sluggishness, and negligence. Wherefore in detestation of such slothfulness, in the favour of good dealing, and lastly for public quietness sake, the law of prescription hath been devised. This law did Jephthah use against the Ammonites; 3We have possessed this land (saith he) three hundred years; wherefore dost thou then disquiet and trouble us? Unless there should be some certain time prescribed, within which space, and not beyond, things may be claimed again, the titles of all things would be uncertain: which is exceedingly repugnant to the affairs of men; wherefore this inconvenience is prevented by the right of prescription. 4And it is defined in the digests, De usu capionibus, law the third; that it is a claim of dominion, through the continuance of possession, during the time appointed by the law. The definition is plain and manifest. But at this day they make a difference between prescription, and that which they call Usucapio; when as nevertheless in the digests, among the old lawyers, there was put no difference. These (so far as I remember) began first to be separated in the time of Antoninus Pius: