A68840:585
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.
In the digestes de dolo malo lege. 1.1 Seruius an interpreter of the law hath thus defined evil guile, namely to be a subtle invention or devise for to deceive another by, when as one thing is done and an other thing dissembled. Wheresoever therefore is guile, there is deceit by some dissimulation.2 It is true in deed that Labeo an interpreter of the law reproved the definition which Seruius brought and that by two arguments. Whereof the one is, that some may be beguiled without dissimulation or evil guile. Wherefore the definition is more strait and narrow than that which is defined, which all men count to be an error. The other argument is, because some sometimes by dissimulation do save and defend their own, or else other mens things, and yet thereby they beguile no man, neither do they hurt any man. Wherefore the definition is applied unto other things besides that which is defined:3 which thing also is reproved as a fault. Wherefore he thus defineth it: Naughty guile, is all craft, deceit and subtlety invented to beguile, delude, and deceive an other. Ulpianus in the same place alloweth the opinion of Labeo. Saving the authority of such a man I would say that Labeo did not well in removing dissimulation from the definition of deceit. And as touching the first argument which he hath, I deny, namely that men may be beguiled without dissimulation, because unless they should be together without sense, they would not easily, be brought to receive & to take that which they manifestly see will be hurtful unto them. Wherefore it is necessary, that there be some show and colour added, which can by no means be done without dissimulation. Then, where as he saith that there are very many, which by dissimulation may defend either their own things or else things of other mens: I grant that, but yet I affirm that the same is guile, although it be good guile, as afterward we shall more manifestly show. Wherefore as touching the definition of guile, it seemeth that feigning or dissimulation is always to be added. And for that cause the definition of Seruius pleaseth me better, which definition for all that I my self would rather apply unto guile in general, than unto evil guile as he did. Being by this means peradventure moved, because he understood by deceit that deceit which should be hurtful.