A68840:1345
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.
But how shall we know when war is just or unjust?1 Augustine (as he is alleged in the .23. Question .2. chap. Notandum) writeth that his war between Sihon and the Israelites was just. For they desired to pass without hurt, through his kingdom, which thing by humane fellowship should not have been denied them, especial seeing they had faithfully promised, not to be troublesome to any man. This sentence of Augustine, the Glosser goeth about to defend, and that by civill laws. In the Digestes de aqua pluvia cohercenda, in the law in summa, in the Paragraph item varus, something is permitted in an other mans ground, so that it be done without the hurt of the possessor. And in the Code D• Seruitutibus, in the law per agrum, Maximianus and Diocletianus do thus ordain: That no man can prohibit thee to use the common high way. And that thing only did the Israelites desire: wherefore being repulsed, they justly took war in hand. So much saith the Glosser,2 whose reason doth not so fully satisfy me. For that which Augustine speaketh of private men, may easily be admitted, and these things which are brought out of the civill law, do seem also to ⟨image 193⟩be written concerning private men. But if a man will lead an host through an other mans country, and if they faithfully promise, not to be troublesome, yet, whether a way ought straightway to be granted him, or whether he ought to be believed, it is not certain. They promise (thou wilt say) that their host shall do no harm, but if they stand not to their promises, then shall the land be in their power. Undoubtedly Julius Cesar would not permit the Helvetians to pass through his Province, although they promised, that they would pass without doing injury or hurt.3 But I say that the war which the Israelites made against Sihon, was just, but not therefore because he denied them leave to pass through his country, but because he came out of his borders with his host, and willingly offered wrong unto the Israelites. For every man ought to defend both himself and his against violence. That which Augustine bringeth, hath some show, yet his reason is not firm. For how could Sihon know certainly, whither the Israelites would do him no hurt, especially they being so many in number? For there were six hundred, three score & six thousand armed soldiers, & well appointed to the battle.