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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	command_n	command_v	lawful_a	2,968	5	9.4987	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A40655	The church-history of Britain from the birth of Jesus Christ until the year M.DC.XLVIII endeavoured by Thomas Fuller.	Fuller, Thomas, 1608-1661.; Fuller, Thomas, 1608-1661. History of the University of Cambridge snce the conquest.; Fuller, Thomas, 1608-1661. History of Waltham-Abby in Essex, founded by King Harold.	1655 (1655)	Wing F2416_PARTIAL; Wing F2443_PARTIAL; ESTC R14493	1,619,696	1,523

of succession could be pleaded where no two links followed in order But others answered that such popular election of Stephen had been of validity if the electors had been at liberty whereas they being preingaged to Maud by former oath could not again dispose of those their votes which formerly they had passed away 32. Others conceived that the stain of Stephen his usurpation in getting the Crown A second party with theiropposers was afterward scoured clean out by his long more then eighteen years enjoying thereof For suppose Providence for a time may winke Anno Regis Steph. 〈◊〉 and connive yet it cannot be conceived in so long a slumber yea asleep yea a lethargie as to permit one peaceably so long to posses a Throne except heaven had particularly designed him for the same To this others answered that Stephen all that time rather possessed then enjoyed the Crown alarum'd all his life long by Maud and her Son so that he had as little quiet in as right to the Kingdom But grant his possession thereof never so peaceable what at first was foundered in the foundation could not be made firm by any height of superstructure thereupon An error by continuance of time can never become a truth but more inveterate error 33. A third of maintained that Subjects Loyaltie is founded on their Soveraigns protection A third with theirs so that both sinke together Seeing therefore Maud was unable to afford her people protection her people were bound to no longer allegiance But thus position was disproved by such who bottoming allegiance onely on conscience make protection but the encouragement not the cause thereof They distinguished also betwixt a Princes wilful deserting his people and his inability to protect them not through his own default but the forcible prevailing of others Thus the conjugal tie is onely dissolved by the parties voluntary uncleanness and not by his or her adventitious impotency to render due benevolence 34. A fourth party avouched A fourth with theirs that Maud though not actually and openly yet tacitly and interpretatively released the English from their allegiance unto her For what Prince can be presumed so tyrannical as to tie up people to the strict termes of Loyaltie unto him when the same is apparently destructive unto them and no whit advantagious to himself But others disliked this position for where did nay such relaxation appear It cancelleth not the obligation of a debtor to fancy to himself an acquittance from his creditor which cannot be produced 35. Some acted at the commands though not for the commands of King Stephen Some act at not for King Stephens commands namely in such things wherein his injunctions concurred with equity charity and order consistent with the principles of publike utility and self-preservation These having the happiness to be commanded by an Usurper to do that which otherwise they would have done of themselves did not discover themselves to act out of their own inclinations whilest it passed unsuspected in the notion of their obedience to King Stephen Thus many thousands under the happy conduct or at leastwise contrivance of Thurstan Arch-Bishop of York though in their hearts well affected to Maud her title unanimously resisted David King of Scots though he pretended recuperative armes in Queen Maud her behalf under which specious title he barbarously committed abominable cruelties till nettled therewith both Stephanists and Maudists joyntly bad him battle and overthrew him nigh Alerton in York-shire 36. All generally bare the burdens and no less politickly then patiently Politick patience paied all taxes imposed upon them Recusancy in this kinde had but armed King Stephen with a specious pretence to take all from them for refusing to give a part Nor scrupled they hereat because thereby they strengthened his usurpation against the rightful heir because done against their wills and to prevent a greater mischief Mean time they had a reservation of their loyaltie and erecting a throne in their hearts with their prayers and tears mounted Queen Maud on the same 37. Robert Robert Earl of Glocester singular Earl of Glocester the Queens half-brother may even make up a forme by himself finding none other before or after him of the same opinion Who conditionally did homage to King Stephen scilicet a Mat. Paris pag. 75 si dignitatem suam sibi servaret illibatam namely So long as he preserved this Roberts dignity for so I understand the Pronoune's reciprocation to be inviolated 38. A few there were Highly conscientious whose relucting consciences remonstrated against the least compliance with King Stephen whose high loyalty to Maud interpreted all passiveness under an Usurper to be activity against the right heir These even quitted their Lands in England to the tempest of time and secretly conveyed themselves with the most incorporeal of their estates as occuping in the least room in their wastage over into Normandy 39. The Clergie An honest revote of the Clergie perceiving that King Stephen performed little of his large promises unto them were not formerly so forward in setting him up 1136. but now more fierce in plucking him down and sided effectually with Maud against him An act which the judicious behold not as a crocked deed bowing them from their last but as an upright one streight'ning them to their first and bxest oath made to this Maud in the life time of her father But Stephen resolved to hold with a strong what he had got with a wrong hand fell violently on the Bishops who then were most powerfull in the land every prime one having as a Cathedral for his devotion so many manors for his profit parks for his pleasure and castles for his protection and he uncastled Roger of Sarisbury Alexander of Lincoln and Nigellus of Ely taking also a great mass of treasure from them 40. Most fiercely fell the fury of King Stephen on the Dean and Canons of Pauls for crossing him in the choice of their Bishop For he sent Canons of Pauls soundly paid and took their a Rad. de Diceto in huncanum Focarias and cast them into London Tower where they continued many dayes not without much scorn and disgrace till at last those Canons ransomed their liberty at a great rate 41. What these Focariae were we conceive it no disgrace to confess our ignorance What Focariae were the word not appearing in any Classical Author and we must by degrees scrue our selves into the sense thereof 1. It signifieth some female persons the gender of the word discovering to much 2. They were near to the Canons who had an high courtesie for them as appears by procuring their liberty at so dear a price 3. Yet the word speaks not the least relation of affinity or consanguinity unto them 4. All the light we can get in this Focariae is from some sparks of fire which we behold in the word so as if these shee s were nymphs

Monarchs of the Saxon Heptarchie but not successive and fixed in a Family but fluctuating from one Kingdome to another Egbert father to this Athelwolph was the first that atchieved this Monarchie and left it to this his Son not Monarcha factus but natus and so in unquestionable Power to make the foresaid Act obligatory over all the Land 9. Indeed Former Acts for Tithes infirme before his time many Acts for Tithes are produced which when pressed will prove of no great Validity Such are the Imperiall Edicts in Civil Law never possessed of full power in England as also the Canons of some Councils Popes never admitted into plenary Obedience by consent of Prince and People Adde to these first such Laws as were made by King Ina and Offa Monarchs indeed of England in their turns as I may say but not deriving the same to the Issue of their Bodies So that their Acts as personall may by some froward Spirits be cavilled at as determining with their own Lives Joyn to these if produceable any Provinciall Constitutions of an English Arch-bishop perchance Egbertus of York those might obey them who would obey being otherwise not subject to any civil Penalty But now this Act of Athelwolphus appears entire in all the Proportions of a Law made in his great Council equivalent to after Parliaments not only cum consilio Episcoporum with the Advice of his Bishops which easily may be presumed willingly to concurre in such a matter of Church-advancement but also Principum meorum of my Princes saith he the Consent of Inferiour persons not being required in that Age. 10. However Objections against this Act answered noting can be so strong but it may meet with Cavills though not to destroy to disturb the Validity thereof as this Act hath and we will severally examine the Defects charged upon it 1. Obj. Some object that Althelwolphus was but King of the West-Saxons as appears by his Stile Rex occidentalium Saxonum and not universall Monarch of England whose Act onely is obligatory to his own Subjects Let those of Cornwall Devon Somerset Dorset Hants VVilts and Berks pay Tithes by vertue of this Command other Parts of the Land are freed from the same because nihil dat quod non habet none can derive that to others which they enjoy not themselves being King but of a Part he could not lay this Law upon all the Land Ans He is tearmed eminently not exclusively King of the VVest-Saxons being fondest of that Title as his Fathers first Inheritance before he acquired the Monarchy of the whole Land There were indeed at this time two other Royalets as onely Kings by his leave viz Beorred King of Mercia and Edmond King of East-Angles who as it plainly appears by a Exemplified in S r. Henry Spelman's Councils pag. 348. Ingulphus were present at his Council and consented to the Acts thereof 2. Obj. The Consideration was superstitious Anno Dom. 855 to say so many Masses for the Souls of this King and his Captains when deceased Anno Rigis Ethelwolphi 18 Ans A double Consideration is mentioned in this Grant The first generall so pious in it's self no Exception can be taken thereat viz. to divert the imminents Iudgements of God from the Land hourly fearing the Invasion of fierce forraign Pagans so the better to secure the Nine parts thereof to himself and his Subjects by setting apart resigning and surrendring a Tenth to God the supreme Land-lord of all in such as attended his daily Service The second Consideration is more restrictive and particular and resents indeed of the Ignorance of that Age but yet is proportionable to the best Devotion those dayes produced and easily may an accidentall Abuse be purged by the pious Use intended and designed generally to Gods Glory 3. Obj. The King onely granted Tithes of his own Crown-land non in Dominio sed in Domintco suo not in all his Dominions but onely in his Demesnes Ans There needed no such solemn Consent of the Council of the Land for the passing away of his Private Bounty And that the Grant extended to the Kingdome in Generall appears by a Hen Hunting Hist l. 5. pag. 348. other Authours on the same Adelwolphus decimonono anno regni sui qui totam terram suam ad opus Ecclesiarum decimavit propter Amorem Dei c. More plainly another Authour In eodem anno decimavit Athulf rex de omni possessione sua in partem Domini in universo regimine sui Principatus sic constituit 11. Here we insist not on the many Arguments out of Old and New Testament Store no sore to prove Tithes to be Iure Divino which in due time may be produced when all Tempests of Tumultuous Spirits are allayed and when what the Town-Clerk of Ephesus promised to the Citizens thereof the Question may be determined b Acts 19. 39. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in a lawfull and ordinary Assembly without fear of Force and suspicion of Violence For two Strings to a Bow do not amisse being no Hinderance to the Archer for the better hitting of the Mark who may wind up one and use that for the present which he sees most for his own Conveience Mean time most true it is that men are not so conscientious to obey the Laws of God as fearfull to resist the Edicts of Men and therefore though farre be it from the Clergy to quit their Title to Tithes by Divine Right they conceive it the surest way sometimes to make use of Humane Injunctions as having the most potent Influence on mens Affections especially in this Age when the love of many both to God and Goodnesse beginneth to wax cold 12. A Reverend Doctour in Cambridge A pleasant passage and afterwards Bishop of Sarisbury was troubled at his small living at Hogginton with a peremptory Anabaptist who plainly told him It goes against my Conscience to pay you Tithes except you can shew me a place of Scripture whereby they are due unto you The Doctour returned Why should it not go as much against my Conscience that you should enjoy your Nine parts for which you can shew no place of Scripture To whom the other rejoyned But I have for my Land Deeds and Evidences from my Fathers who purchased and were peaceably possessed thereof by the Laws of the Land The same is my Title saith the Doctour Tithes being confirmed unto me by many Statutes of the Land time out of mind Thus he drave that Nail not which was of the strongest Metall or sharpest Point but which would go best for the present It was Argumentum ad hominem fittest for the person he was to meddle with who afterwards peaceably payed his Tithes unto him Had the Doctour ingaged in Scripture-Argument though never so pregnant pertinent it had been endelesse to dispute with him who made Clamour the end of his Dispute whose Obstinacy and Ignorance made him uncapable

in her Religion And yet some not more knowing of Councells but more daring in Conjectures than others who love to feiga what they cannot finde that they may never appear to be at a loss avouch that the Pope promised to revoke the Sentence against her mother Anne Bollens marriage to confirme our English Lithurgie by his authority to permit the English the Communion under both kinds provided she would own the Popes Primacy and cordially unite her self to the Catholike Church Yea some thousands of Crowns but all in vain were promised to the effectors thereof wherein his holinesse seemingly liberal was really thrifty as knowing such his Sums if accepted would within one year return with an hundred fold increase 41. Scipio a Gentleman of Venice The contents of Scipio his Letter to Mr. Iewell formerly familiar with M r. Jewel whilst he was a student in Padua wrot now an expostulating letter unto Him being lately made Bishop of Sarisbury Wherein he much admired that England should send no Embassadour nor message or letter to excuse their Nations absence from the general appearance of Christianity in the Sacred Councell of Trent He highly extolled the antiquity and use of General Councels as the only means to decide controversies in Religion and compose the distractions in the Church concluding it a Superlative Sin for any to decline the authority thereof 42. To this M r. Jewel returned a large and solemn answer Anno Dom. 1563. Now although he wrote it as a private person Anno Regin Eliza. 5. yet because the subject thereof was of publick concernment The sum of Mr. Jewels answer take the principall Heads thereof a See it at large at the end of the History of the Councell of Trent First That a great part of the world professing the name of Christ as Greeks Armenians Abessines c. with all the Eastern Church were neither sent to nor summoned to this Councell Secondly That Englands absence was not so great a wonder seeing many other kingdoms and free-states as Denmarke Sweden Scotland Princes of Germany and Hanse-Towns were not represented in this Councel by any of their Embassadors Thirdly That this pretended Councell was not called according to the ancient custome of the Church by the Imperiall Authority but by Papall usurpation Fourthly That Trent was a petty place not of sufficient receit for such multitudes as necessarily should repair to a generall Councell Fifthly That Pope Pius the fourth by whose command the Councel was re-assembled purchased his place by the unjust practises of Simony and bribery and managed it with murder and Cruelty Sixthly That repairing to Councells was a free-free-act and none ought to be condemned of Contumacy if it stood more with their conveniency to stay at home Seventhly That anciently it was accepted as a reasonable excuse of holy Bishops absenting or withdrawing themselves from any Councell if they vehemently suspected ought would be acted therein prejudiciall to the Truth lest their though not active included concurrence might be interpreted a countenancing thereof Eightly Our English Bishops were imployed in feeding their flocks and governing their Churches and could not be spared from their charge without prejudice to their consciences Ninthly The members of the Councell of Trent both Bishops and Abbots were by oath pregaged to the Pope to defend and maintain his authority against all the world Lastly in what capacity should the English Clergy appear in this Councell They could not as free-persons to debate matters therein beeing pre-condemned for Hereticks by Pope Julius They would not come as Offendors to hear the Sentence pronounced against themselves which they had heard of before What effect this Letter produced I finde not sure I am no Papists as yet have made an effectuall refutation of the reasons rendered therein 43. The Bells of S t. Peters in Westminster had strangely rung the changes these last thirty yeers Westminster Col. Church re-sounded by Q Eliz. Within which time first it was a stately and rich Covent of Benedictine Monks Secondly it was made a Collegiate Church of Dean and Prebendaries by King Henry the eighth Thirdly by the same King is was made an Episcopall See and Thomas Thirby who having roasted the Churches Patrimony surrendred it to the spoile of Courtiers the first and last Bishop thereof Fourthly Queen Mary re-seated the Abbot and Monks in the possession thereof who were outed after her Death Lastly this yeer Queen Elizabeth converted it again into a Collegiate Church founding therein maintenance for one Dean twelve Prebendaries as many old souldiers past service for Almsmen and fourty Scholars who in due time are preferred to the Universities so that it hath proved one of the most renowned Seminaries of Religion and learning in the whole nation 44. Pope Pius though unsuccessfull in his addresses last yeer to the Queen 1561 yet was not so disheartened The Pope trieth again in ●am to reduce the Queen but that once more he would try what might be effected therein To which purpose he imployed the Abbot of Martinegi with most loving letters unto her desiring leave to come over into England But the Queen knowing it less difficulty and danger to keep him Anno Dom. 1562. then to cast him out of her Dominions forbad his entrance into the Realme as against the Laws of the Land So that he was fain to deliver his Errand and receive his answer and that a deniall at distance in the Low-Countries As little successe had the Bishop of Viterbo the Popes Nuncio to the King of France secretly dealing with S r. N. Throgmorton the Queens Agent there to perswade her to send Embassadors to the Councell of Trent which for the reasons afore mentioned was justly refused 45. S r. Edward Carne the Queens Leger at Rome The death of Sr. Edward Carne Doctor of Civill Law Knighted by the Emperour Charles the fifth pretended that as the Queen would not suffer the Popes Nuncio to come into England so the Pope would not permit him to depart Rome Whereas indeed the cunning old man was not detained but detained himself so well pleased was he with the place and his office therein Where soon after he died the last Leger of the English Nation to Rome publickly avowed in that imployment 46. This yeer the Spire of Pauls-Steeple covered with lead strangely fell on fire Pauls Steeple burnt down attributed by severall Persons to sundry Causes Some that it was casually blasted with lightning others that it was mischevously done by Art Magick And others and they the truest done by the negligence of a Plummer carelessly leaving his coals therein The fire burnt for five full hours in which time it melted all the lead of the Church only the stone Arches escaping the fury thereof but by the Queens bounty and a Collection from the Clergy it was afterwards repaired only the blunt Tower had not the top thereof sharpned into a Spire as before 47.

in the Church-yard of S t George's in Southwark not far from Bishop Bonners grave So near may their bodies when dead in positure be together whose mindes when living in opinion were farr asunder Nor have I ought else to observe of him save that I am informed that he was father of Ephraim Vdal a solid and pious Divine dying in our dayes but in point of discipline of a different opinion from his father 6. H. B. I. G. I. P. executed And now the Sword of Justice being once drawn it was not put up again into the Sheath before others were executed For Henry Barrow Gentleman Marc. 31. and John Greenwood Clerk who some dayes before were indicted of felony at the Sessions Hall without Newgate before the L rd Major and the two chief Justices Stew his Chronicle pag. 265. for writing certain Seditious Pamphlets were hanged at Tyburn And not long after John Penry a Welchman was apprehanged at Stebunhith by the Vicar thereof arraigned and condemned of felony at the Kings-Bench at Westminster for being a principal penner and publisher of a libellous Book called Martin-mar-prelates and executed at S t Thomas Waterings Daniel Studely Girdler Saxio Billot Gentleman and Robert Bowley Fishmonger were also condemned for publishing scandalous Books but not finding their execution I beleeve them reprieved and pardoned 7. The Queens last coming to Oxford About this time if not somewhat sooner for my enquiry cannot arrive at the certain date Queen Elizabeth took her last farewell of Oxford where a Divinity Act was kept before her on this question Whether it be lawfull to dissemble in matters of Religion One of the opponents endeavoured to prove the affirmative by his own example who then did what was lawfull and yet he dissembled in disputing against the Truth Sr I. Harrington in his additional supply to Bp. Godwin p. 134. the Queen being well pleased at the wittines of the Argument D r Westphaling who had divers years been BP of Hereford coming then to Oxford closed all with a learned determination wherein no fault except somewhat too copious not to so say tedious at that time her Highness intending that night to make a Speech and thereby disappointed 8. 37. 1594. Next day her Highness made a Latin oration to the Heads of Houses Her Latin Oration on the same token she therein gave a check to D r Reynolds for his non-conformity in the midst whereof perceiving the old Lord Burileigh stand by with his lame legs she would not proceed till she saw him provided of a stool a Idem p. 136. and then fell to her speech again as sensible of no interruption having the Command as well of her Latin tongue as of her loyal Subjects 9. John Pierce Arch-Bishop of York ended his life Dean of Christ-Church in Oxford Bishop of Rochester Sarisbury and Arch-Bishop of York When newly beneficed a young man in Oxford-shire he had drowned his good parts in drunkenness conversing with his country parishioners but on the confession of his fault to a grave Divine reformed his conversation so applying himself to his studies that he deservedly gained great preferment and was highly esteemed by Queen Elizabeth whose Almoner he continued for many years and he must be a wise and good man whom that thrifty Princess would intrust with distributing her mony He was one of the most grave and reverent prelates of his age and after his reduced life so abstemious that his Physitian in his old age could not perswade him to drink wine So habited he was in sobriety in detestation of his former excess 10. The death of Bp. Elmar The same year died John Elmar Bishop of London bred in Cambridge well learned as appeareth by his Book titled the Harborough of Princes One of a low stature but stout spirit very valiant in his youth and witty all his life Once when his Auditory began at sermon to grow dull in their attentions he presently read unto them many verses out of the Hebrew Text whereat they all started admiring what use he meant to make thereof Then shewed he them their folly that whereas they neglected English whereby they might be edified they listened to Hebrew whereof they understood not a word Anno Dom. 1594. Anno Regin Eliza. 37. He was a stiff and stern champion of Church Discipline on which account none more mocked by Martin Mar-Prelate or hated by Non-conformists To his eldest son he left a plentiful estate and his second a D r of Div●nity was a worthy man of his profession 11. The death of W●ll Reginald But of the Romanists two principal Pillars ended their lives beyond the Seas First William Reginald alias Rose born at a P●●zaeus de illustribus Angliae Scriptoribus in Anno 1594. Pinho in Devon-shire bred in Winchester School then in New-Colledge in Oxford Forsaking his Country he went to Rome and there solemnly abjur'd the Protestant Religion and thereupon was permitted to read a favour seldome or never bestowed on such novices any Protestant Books without the least restriction presuming on his zeal in their cause From Rome he removed to Rhemes in France where he became professor of Divinity and Hebrew in the English Colledge where saith my b Idem ibidem Author with studying writing and preaching against the Protestants perchance he exhausted himself with too much labour and breaking a vein almost lost his life with vomiting of blood Recovering his strength he vow'd to spend the rest of his life in writing against Protestants and death at Antwerp ceased on him the 24 th of August the 50 th year of his age as he was a making of a book called Calvino-Turcismus which after by his dear friend William Gifford was finished set forth and dedicated to Albert Duke of Austria 12. The death of Cardinal Allen. William Allen commonly called the Cardinall of England followed him into another world born of honest Parents and allied to noble Kindred in Lancashire Brought up at Oxford in Oriall Colledge where he was Proctor of the University in the dayes of Queen Mary and afterwards Head of S t Mary-Hall and Canon of Yorke But on the change of Religion he departed the land and became Professor of Divinity at Doway in Flanders then Canon of Cambray Master of the English Colledge at Rhemes made Cardinall 1587. August the 7 th by Pope Sixtus Quintus the King of Spain bestowing on him an c Camd. Eliz. in hoc Anno. Abby in the Kingdom of Naples and nominating him to be Arch-Bishop of Machlin But death arrested him to pay the debt to Nature d Pitzaeus de illust A●g Script pag. 793 October 16 th and he was buried in the Church of the English Colledge at Rome This is that Allen whom we have so often mentioned conceived so great a Ch●mpion for their Cause that Pope Gregory the 13 th said to his Cardinalls e