Marginalia1555. Decemb.men to dispute their myndes freely in the same, that were of the house.

The Queenes Gentleman. Though the Parlament house bee a place of priuiledge for men of the house to speake, yet may none speake any treason agaynst the Queene, or maintaine treason against the crowne.

Phil. But if there be any matter which otherwise it were treason to speake of, were it treason for any person to speake therein, specially the thing being proposed by the Speaker? I thinke not.

The Queenes Gentleman. You may make the matter easy inough to you yet, as I perceiue, if you wil reuoke the same which you did there so stubburnly mayntayne.

MarginaliaIt were the part of a charitable Bishop to make a matter better, and not worse.S. Asse. This man did not speake vnder reformation, as many there did, but ἀγωνιστικῶς … κατηγορικῶς,  

which is earnestly and perswasibly, as euer I heard any.

Phil. My Lordes, since you will not cease to trouble me for that I haue lawfully done, neither wyll admyt my iust defence for that was spoken in the conuocatiō house by me, contrary to the lawes and custome of the realme: MarginaliaIohn Philpot appealeth to þ^e whole Parlamēt house.I appeale to the whole Parlament house, to be iudged by the same, whether I ought thus to be molested for that I haue there spoken.

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Rochest. But haue you spoken and maintained the same synce that tyme, or no?

phil. If any man can charge me iustly therewith, here I stand to make aunswer.

Rochest. How say you to it nowe? Wyll you stand to that you haue spoken in the Conuocation house, and do you thinke you sayd then well, or no?

Phil. My Lord, you are not myne Ordinary to proceede ex officio  

agaynst me, and therefore I am not bound to tell you my conscience of your demaundes.

MarginaliaThis bishop belike would haue bloud.S. Asse. What say you now? Is not there in the blessed sacramēt of the aultar (and with that they put of al their caps for reuerence of that Idol) the presence of our Sauiour Christ, really and substantially after the woordes of consecration?

Phil. I do beleue in the sacrament of CHRISTES body duly ministred, to be such maner of presence, as the word teacheth me to beleue.

S. Asse. I pray you how is that?

Phil. As for that I wyll declare an other tyme when I shall be lawfully called to dispute my mynde of thys matter: but I am not yet driuen to that poynt. And þ^e scripture saith: All things ought to be done after an order.

An other bish. This is a froward  

& a vainglorious mā.

Boner. It is not lawfull for a man by the ciuill law to dispute his faith openly, as it appeareth in the title, De summa trinitate & fide catholica.  

Phil. My Lord, I haue aunswered you to this question before.

MarginaliaB. Boner here forgetteth himselfe.Boner. Why? I neuer asked thee of this before now.

Phil. Yes that you dyd at my last examination, by that token I aunswered your lordship by S. Ambrose, that the church is congregated by the word, and not by mans law. Wherefore I adde now further of this saying: Quòd qui fidem repudiat, & legem obijcit, iniustus est, quia iustus ex fide viuit. i.  

That he which refuseth the word, and obiecteth the law, is an vniust man, because the iust shall lyue by fayth. MarginaliaAmb. lib. 5. Epist. 30. Eodem contra Auxentium.And moreouer (my Lord) the title which your Lordship alledgeth out of the law, maketh it not vnlawfull to dispute of al the articles of the fayth, but of the Trinity.

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Boner. Thou lyest, it is not so: and I wyll shewe you by the booke how ignorant he is. And with that he went wyth all hast to his study, and fet hys booke and openly red the text and the title of the law, & charged me with such wordes as seemed to make for his purpose, saying: how sayest thou to this?

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Phil. My Lord, I say as I sayd before, that the lawe meaneth of the catholicke fayth determined in þ^e Coūcell of Calcedonia,  

where the articles of þ^e creede were onely concluded vpon.

Boner. Thou art the veriest beast that euer I heard. I must needes speake it, thou compellest me thereunto.

Phil. Your Lordship may speake your pleasure of me. But what is this to the purpose, which your lordship is so earnest in? MarginaliaOur fayth not groūded vpon the ciuill law.You know that our fayth is not

grounded vpon the ciuill law: therefore it is not materiall to me what soeuer the law sayth.

Boner. By what law wylt thou be iudged? Wilt thou be iudged by the common law?

Phil. No my Lord, our fayth dependeth not vpon the lawes of man.

S. Asse. He wyll be iudged by no law, but as he list him selfe.

Worcest. The common lawes are but abstractes of the scriptures and Doctours.

Phil. What soeuer you do make them, they are no ground of my faith, by the which I ought to be iudged.

Boner. I must nedes procede agaynst thee to morow.

Phil. If your Lordshyp so do, I will haue MarginaliaIohn Philpot still standeth to his defence of the law, in refusing the iudge, not to be competent.Exceptionem fori,  

for you are not my competent Iudge.

Boner. By what law canst thou refuse me to bee thy Iudge?

Phil. By the Ciuill law, De competente Iudice.

Boner. There is no such title in the law. In what booke is it, as cunnyng a lawyer as you be?

Phil. My Lord, I take vppon me no great cunnyng in the lawe: but you driue me to my shiftes  

for my defense, and I am sure, if I had the bookes of the law, I were able to shew what I say.

Boner. What? De competente Iudice? I will go fet thee my bookes. There is a title in deede MarginaliaDe officio ordinarij, is a title in the 1. booke of the Decretales. De foro competente, is a title in the 2. booke of the Decretales.De officijs Iudicis ordinarij.

Phil. Verely that is the same De cōpetente Iudice which I haue alledged. With that he ran to his study, and brought the whole course of the lawe betwene hys handes, which (as it might appeare) he had well occupyed, by the dust they were embrued withall.

Boner. There be the bookes: find it now (if thou canst) and I will promise thee to release thee out of prison.

Phil. My Lord, I stand not here to reason matters of the Ciuill law, although I am not altogether ignoraunt of the same for that I haue bene a Student in the same sixe or vij. yeares: but to aunswere to the Articles of faith with the which you may lawfully burthen me. And where as you go about vnlaufully to procede, I challēge, accordyng to my knowledge, the benefite of the law in my defense.

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Boner. Why, thou wilt aunswere directly to nothyng thou art charged withall: therfore say not hereafter but you might haue ben satisfied here by learned men, if you would haue declared your mynde

MarginaliaM. Philpot returneth agayne to hys question of the church.Phil. My Lord, I haue declared my minde vnto you and to other of the Byshops at my last beyng before you, desiring you to be satisfied but of one thyng, wherunto I haue referred all other controuersies: the which if your Lordshyps now, or other learned men cā simply resolue me of, I am as contented to be reformable in all thinges, as you shall require: the which is to proue that the Church of Rome (whereof you are) is the Catholicke Church.

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Couen. Why? do you not beleue your Crede, Credo ecclesiam Catholicam?  

Phil. Yes that I do: but I cannot vnderstand Rome (wherewith all you burden vs) to be the same, neither lyke to it.

S. Asse. It is most euident, that S. Peter did buylde the catholicke church at Rome.MarginaliaThat Peter did build the church of Rome it is false, for both the scripture saith, that Peter was set ouer the circūcised, and not ouer the Gentiles, and also it is to be proued by Orosius, Suetonius, Tertullianus, and other stories, that the fayth of Christ was in Rome in Tyberius time before Peter euer saw Rome.And CHRIST sayd: Tu es Petrus, et super hanc Petram ædificabo ecclesiam meam.  

Moreouer, the succession of bishops in the Sea of Rome can be proued from tyme to tyme, as it can be of none other place so wel, which is a manifest probation of the catholike church, as dyuers Doctours do wryte.

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Phil. That you would haue to be vndoubted, is most vncertayne, and that by the autority which you alledge of CHRIST, saying vnto Peter: Thou art Peter, and vpon this rocke I will build my Church, vnles you canne proue the rocke to signify Rome, as you would make me falsly beleue. And although you can proue the succession of Bishops from Peter, yet this is not sufficient to proue Rome the catholicke Church, vnlesse you can proue the succession of Peters fayth whereupon the Catholicke church is builded, to haue continued in his successours at Rome, and at this present to remayne.

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Boner. Is there any moe Churches then one catholicke