A68840:2001
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.
The same thing is decreed in the Code de thesauro, in the law Nemo. And in the institucions de Rerum divisione, where it is ordained, that if a man find treasure in his house or ground, it shall be his that findeth it. But if he find it in an other mans soil, either he hath gotten it by chance, or else he sought for it, if he have gotten it by chance, let it be divided between the finder and the owner: but if he sought for it, the whole must redound to the owner. If the place were holy, and the treasure be found by chance, the finder shall have it.
The same thyng is decreed in the Code de thesauro, in the law Nemo. And in the institucions de Rerum diuisione, where it is ordayned, that if a man fynde treasure in his house or grounde, it shall be hys that fyndeth it. But if he finde it in an other mans soyle, either he hath gotten it by chaunce, or els he sought for it, if he haue gottē it by chaunce, let it be deuided betwene the fynder and the owner: but if he sought for it, the whole muste redounde to the owner. If the place were holye, and the treasure be founde by chaunce, the fynder shall haue it.
It is added, that if a man sought treasure in his own ground,1 & used thereunto magic & arts forbidden, the thing found ought to be forfeited to the common treasury. For he which by evil means hath sought a thing, seemeth unworthy to be possessor thereof. ⟨image 289⟩But to return to Augustine, that which I before said, I affirm that it is not properly rapt,2 if a man hold back a thing that he hath found. Which thing Origene plainly declareth in his .4. Homely upon Leviticus: Some saith he, will not restore that which they have found. For they say that God hath given it them. But whatsoever they say it is a crime like unto rapt. He saith not that it is rapt, but a certain thing like unto it. Although we have out of the civil law made a difference between theft and rapt, yet may rapt be called theft, but yet so that there be added violence. In the digestes de furtis, in the law Si vendidero, it is thus written: A rapter every way committeth theft, and is an open thief. But omitting these things let us return to that kind of rapt whereof we now entreat.