A14350:466
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.
*For if a judge or prince shall give judgment against custom, then custom is broken. As it also cometh to pass in prescription, when a man is cast out of his possession, or when a matter is called into suit of law, & the issue joined, prescription is broken. Also the allowing of contradictory judgement must be had, (that is, that when one part allegeth the custom, and the other part denieth it) if sentence be given on the behalf of custom, custom is confirmed. But all these things (as I said before) must be reduced to the rule of Gods word. Only this seemeth now meet to be added, which is in the Extravagants De consuetudine, 2chapter 1. that A custom cannot be suffered, if it be burdensome unto the church. Also Augustine complained that in his time, there were such a number of new rites and ceremonies sprung up, that the church was grievously burdened, and that the state of christians at that time was nothing at all more tolerable, than in old time the state of the Jews. The same exception do we also take against our adversaries, ⟨p. 99⟩that the church should not be overburdened. This is their own law; why do they not acknowledge their own words?
*For if a iudge or prince shall giue iudgment against custome, then custome is broken. As it also commeth to passe in prescription, when a man is cast out of his possession, or when a matter is called into sute of lawe, & the issue ioined, prescription is broken. Also the allowing of contradictorie iudgement must be had, (that is, that when one part alledgeth the custome, and the other part denieth it) if sentence be giuen on the behalfe of custome, custome is confirmed. But all these things (as I said before) must be reduced to the rule of Gods word. Onlie this séemeth now méet to be added, which is in the Extrauagants De consuetudine, 2chapter 1. that A custome cannot be suffered, if it be burdensome vnto the church. Also Augustine complained that in his time, there were such a number of new rites and ceremonies sprong vp, that the church was gréeuouslie burdened, and that the state of christians at that time was nothing at all more tollerable, than in old time the state of the Iewes. The same exception doo we also take against our aduersaries,