A14350:459
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 the time of prescription in things movable, is by our civill laws, 1the space of three years; but in things unmoveable, ten or twenty years, if ignorance be not the cause thereof. For if the owner shall know the thing to be his, which another man possesseth, and yet so long holdeth his peace, he can not afterward demand it again, and the law seemeth justly to punish such negligence. But if the owner shall not know of his interest, the time is deferred, namely to thirty or forty years; and this is done, when there is no ignorance in the case, and that one possesseth for himself, and not for another, otherwise it is no prescription. Howbeit, this we must consider by the way, that the ecclesiastical rules touching prescription, do differ from the civill laws. For they (as we have said) appoint thirty years, although the possessor have not dealt well; for they decree, that fraud shall be no let unto prescription. But as we read in the sixt De regulis juris, in the chapter Possessor; A possessor which holdeth by ill dealing, prescribeth not by length of time. For we must have respect to the word of God, and consider with what conscience a man possesseth any thing.
But the time of prescription in things mooueable, is by our ciuill lawes, 1the space of thrée yeares; but in things vnmooueable, ten or twentie yeares, if ignorance be not the cause thereof. For if the owner shall know the thing to be his, which another man possesseth, and yet so long holdeth his peace, he can not afterward demand it againe, and the lawe séemeth iustlie to punish such negligence. But if the owner shall not knowe of his interest, the time is deferred, namelie to thirtie or fortie yeares; and this is done, when there is no ignorance in the case, and that one possesseth for himselfe, and not for another, otherwise it is no prescription. Howbeit, this we must consider by the waie, that the ecclesiasticall rules touching prescription, doo differ from the ciuill lawes. For they (as we haue said) appoint thirtie yeares, although the possessor haue not dealt well; for they decrée, that fraud shall be no let vnto prescription. But as wée reade in the sixt De regulis iuris, in the chapter Possessor; A possessor which holdeth by ill dealing, prescribeth not by length of time. For wée must haue respect to the word of God, and consider with what conscience a man possesseth anie thing.