A14350:458
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.
But in the history of the Judges it is to be noted, that Jephthah did wisely place his arguments: for he used not prescription in the first place, but before all things he objected the law of arms; afterward the gift of the true God: and the cause being thus confirmed, at the last he used the right of prescription, because a continued possession doth not by it self and alone prescribe, but it hath need of a good title, 1and of a good conscience. A good title is, that the thing be orderly and lawfully come by. For he that hath gotten any thing by theft or robbery, although he have long enjoyed the same; yet he may not ⟨p. 97⟩claim it by prescription: but if the title be good, the dealing plain, and a continuance of time had withal, the prescription is firm and good. If we have gotten any thing, either by bargain, or by free gift, or by inheritance, or by other like means, the title is good. But besides, there must be good dealing, whereby we may testify in our consciences, that no mans right is injured, and that we know there is nothing that by just means should let us. Wherefore Jephthah had a good title, to wit, the law of arms, and the gift of God. He possessed it also by good dealing, for he was not guilty either of fraud or of robbery, and therefore he very well used the law of prescription.
But in the historie of the Iudges it is to be noted, that Iephtha did wiselie place his arguments: for he vsed not prescription in the first place, but before all things he obiected the lawe of armes; afterward the gift of the true God: and the cause being thus confirmed, at the last he vsed the right of prescription, bicause a continued possession dooth not by it selfe and alone prescribe, but it hath néed of a good title, 1and of a good conscience. A good title is, that the thing be orderlie and lawfullie come by. For he that hath gotten anie thing by theft or robberie, although he haue long enioied the same; yet he may not ⟨p. 97⟩claime it by prescription: but if the title be good, the dealing plaine, and a continuance of time had withall, the prescription is firme and good. If we haue gotten anie thing, either by bargaine, or by frée gift, or by inheritance, or by other like meanes, the title is good. But besides, there must be good dealing, whereby we may testifie in our consciences, that no mans right is iniured, and that we knowe there is nothing that by iust meanes should let vs. Wherefore Iephtha had a good title, to wit, the law of armes, and the gift of God. He possessed it also by good dealing, for he was not guiltie either of fraud or of robberie, and therefore he verie well vsed the lawe of prescription.