A68840:1179
Most fruitful [and] learned co[m]mentaries of Doctor Peter Martyr Vermil Florentine, professor of divinity,…Most fruitfull [and] learned co[m]mentaries of Doctor Peter Martir Vermil Florentine, professor of deuinitie,…
Most fruitful [and] learned co[m]mentaries of Doctor Peter Martyr Vermil Florentine, professor of divinity, in the University of Tygure with a very profitable tract of the matter and places. Herein is also added [and] contained two most ample tables, aswell of the matter, as of the words: with an index of the places in the holy scripture. Set forth & allowed, according to the order appointed in the Queens majesties injunctions.Most fruitfull [and] learned co[m]mentaries of Doctor Peter Martir Vermil Florentine, professor of deuinitie, in the Vniuersitye of Tygure with a very profitable tract of the matter and places. Herein is also added [and] contained two most ample tables, aswel of the matter, as of the wordes: wyth an index of the places in the holy scripture. Set forth & allowed, accordyng to thorder appointed in the Quenes maiesties iniunctions.
London: printed by John Day, 1564London: printed by Iohn Day, 1564
Title page typeset from the transcription.
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 Murder.
¶Of Murther.
But to make the thing more plain, two things seem to be entreated of. First, what manner of murder is condemned by the word of God, & ought by the Magistrates to be punished. Secondly, who are guilty of this crime.
BVt to make the thing more plaine, twoo thinges seeme to be intreated of. First, what maner of murther is condemned by the word of God, & ought by the Magistrates to be punished. Secondly, who are guilty of thys crime.
As touching the first, we must know, that not every murder is condemned. For if one kill a man by chance, in exercising a thing honest and lawful, he incurreth not the punishment of Homicides. Wherefore in the old law there were granted Cities of refuge. For in very deed he killeth not: but as it is there written, God (without whose will nothing is done by chance) delivered him to be killed. A Judge also or Magistrate, when he punisheth flagitious men, is not therefore a murderer, because it is not he that killeth, but the law, yea rather God himself, who hath willed, and also commanded that it should so be done. Farthermore, he which is set upon by thieves or enemies in a solitary place, or where he can not be holpen by other: if in defending him self, and according to the laws, repelling violence by violence, he slay a robber or thief which invadeth him, he is not guilty of murder: for as much as in that case he is armed both by the laws and by the Magistrate. For the public wealth will not that a Citizen should so perish: therefore it giveth him leave to defend him self by weapons.1 By this means Cicero defended Milo, because he had slain Clodius, who first set upon him by snares. Also the woman Thecoites obtained of David, that the Magistrate should not kill her son, who had slain his brother, falling out in the field. They were alone saith she, and therefore it is not known which of them invaded one the other first. Soldiers also, when in just war they slay their enemies, commit nothing unjustly.