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,…

Moreover to establish a custom it is not sufficient, that some men do a thing, or that a thing be often done, unless it be so done, that it be received into a use,¹ & an institution to be observed. For many things are done either rashly or of necessity, which yet we will not have drawn into a custom. In the digestes de Itinere, & actu privato, in the law .1. and last. Grant that I go thorough the field once, and again, and the third time, because peradventure the high way is so foul, that a man can not pass thorough it. Whither, because I sometimes go and return thorough thy field, do I therefore get unto my self in it the right of dominion & servitude? No: for I intended not with that mind to go thorough thy field, but because I was of necessity compelled thereunto. In the decrees distinction the .1. chap. Consuetudo: Custom is said to be a certain right, instituted by manners, which is taken for a law, when a law faileth.² When in the first times of the Church, when tyrants persecuted Christian religion, godly men thorough fear were compelled to assemble together in houses and caves by night, and in the dark, this assembly was by a certain right & manner then instituted, counted lawful. But if we would, now that the Church is constituted, worship God after the same manner, we should both be derided & laughed at, & also it were not to be suffered. For they used not that manner, to the end they would have it drawn into a custom, or that it should be an institution which other men should follow. Ambrose being Catechumenus, that is, newly converted to the Christian faith, and not baptised, was chosen Bishop of Milan, and Nectarius of Constantinople and peradventure other. Yet is it not lawful for us now to follow the same custom, and to elect a Bishop, which neither hath seen sacred services, nor hath ben washed with the water of Baptism. But they did so. They did so in deed, but compelled by necessity: because they had no other, which were both learned & endowed with authority, whom they might oppose against the Arians.

Moreouer to establish a custome it is not sufficient, that some men do a thyng, or that a thing be often done, vnles it be so done, that it be receaued into a vse,¹ & an institucion to be obserued. For many thinges are done either rashely or of necessity, which yet we wil not haue drawen into a custome. In the digestes de Itinere, & actu priuato, in the law .1. and last. Graunt that I go thorough the fielde once, and agayne, and the thyrd tyme, bycause peraduenture the hyghe way is so foule, that a man can not passe thoroughe it. Whither, bycause I sometymes go and returne thorough thy field, do I therefore get vnto my selfe in it the right of dominion & seruitude? No: for I entended not with that mynde to go thoroughe thy field, but bycause I was of necessity compelled thereunto. In the decrees distinction the .1. chap. Consuetudo: Custome is said to be a certain right, instituted by manners, whiche is taken for a law, when a lawe fayleth.