A68840:1342
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 things which are taken by the right of wars.
¶Of things whych are taken by the ryght of warres.
AS touching the first, we learn that it may be, that some thing may be claimed by the right of war, which may be confirmed both by mans laws, and by the laws of God. But I will begin with mans laws. In the Digestes de captivis et postliminio reversis in the law Postliminium: 1The things that we have lost in war, or in affairs of war, if we afterward recover the same again, we shall possess them by the law Postliminium. For so long as they are not recovered, they are possessed of our enemies. And this right is toward those, which are declared to be enemies. But such were declared to be enemies, against whom the people of Rome publicly proclaimed war, or they which publicly prohibited war against the people of Rome, as it is had in the same title, in the law Hosts. For Pirates or thieves cannot by this means attain to be owners, or possess any thing by the law of war. For war ought to be made, to the end to attain something by the right of war. And in the Digestes de acquirendo rerum dominio, in the law Naturale, paragrapho the last. Such things as are taken from enemies, by the common law of all men, agreeing unto natural reason, are straightway made theirs which take them. And thus the laws of man as touching this thing, are very manifest.
AS touching the first, we learne that it may be, that some thing may be claymed by the right of warre, which maye be confirmed both by mans lawes, and by the lawes of God. But I wyl begyn with mans lawes. In the Digestes de captiuis et postliminio reuersis in the law Postliminium: 1The thinges that we haue lost in war, or in affaires of war, if we afterward recouer the same again, we shal possesse them by the law Postliminium. For so long as they are not recouered, they are possessed of our enemies. And thys ryghte is towarde those, whyche are declared to bee enemyes. But suche were declared to bee enemies, against whom the people of Rome publikelye proclaimed warre, or they which publikely prohibited warre against the people of Rome, as it is had in the same title, in the law Hostes. For Pirates or theues cannot by this meanes attaine to be owners, or possesse any thing by the law of warre. For warre ought to be made, to the ende to attaine something by the right of warre. And in the Digestes de acquirendo rerum dominio, in ye lawe Naturale, paragrapho the last. Such thinges as are taken from enemies, by the common law of all men, agreing vnto naturall reason, are straightwaye made theirs which take them. And thus the lawes of man as touching this thing, are very manifest.