MarginaliaAn. 1555. December.brought hether from an other place by violence.  

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Apparently Philpot, who was arrested following the publication of his account of the debate in convocation in October 1553, was examined by royal commissioners, as well as by Gardiner, before being sent to Bonner.

Lond. Why? who sent you hether to me?

Phil. That did Doct. Story and Doct. Cooke, with other the Kyng and Queenes Commissioners: and my lord, is it not enough for you to wirry your own shepe, but ye must also meddle with other mens shepe? Then the Bishop deliuered vnto Philpot ij. bookes, one of the Ciuile law, and the other of the Canō, out of the which hee would haue proued that hee had authoritie to procede agaynst him in such sorte as he did. M. Philpot then perusing the same, and seyng the small and slender proofe that was there alledged, sayd vnto the Byshop:

Phil. I perceiue your law and Diuinitie is all one: for you haue knowledge in neither of them: & I would ye did know your owne ignoraunce: but ye daunce in a net, & thinke that no mā doth see you. Hereupon they had much talke, but what it was, it is not yet knowen.  

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This last sentence is an indication that Foxe is drawing on an eyewitness account as well official records.

Lond. Philpot, as concerning your obiections agaynst my iurisdiction, ye shall vnderstand that both the Ciuill and Canō lawes make agaynst you: and as for your appeale, it is not allowed in this case. For it is written in the law: A iudice dispositionem iuris exequente, non est appellandum.  

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Bonner, quoting the law

Foxe text Latin

A iudice dispositionem iuris exequente, non est appellandum.

Foxe text translation

Not translated.

Translation (Wade 2003)

There must be no appeal to a judge in carrying out the ordering of the law (??)

Phil. My Lord, it appeareth by your interpretation of the law,MarginaliaB. Boner noted to be ignorant in the law. that ye haue no knowledge therin, nor that ye do vnderstand the law: for if ye did, ye would not bryng in that text.

Hereupon þ^e Byshop recited a law of the Romains,MarginaliaThis law seemeth either blindly compared of the Bishop, or els not rightly collec- of his Register. that it was not laufull for a Iew to keepe a Christiā mā in captiuitie, and to vse him as his slaue, laying then to the sayd Philpots charge, that he did not vnderstand the law, but did like a Iewe. Wherunto Philpot aunswered:

Phil. No, I am no Iewe: but you my Lord are a Iewe. For you professe CHRIST and mainteine Antichrist: you professe the Gospel, and mainteine superstition, and ye be able to charge me with nothyng.

Lond. and other Bish. With what can you charge vs?

Phil. You are enemyes to all truth, and all your doynges be naught and full of Idolatrie, sauyng the Article of the Trinitie.

Whylest they were thus debating the matter, MarginaliaThe Lord Mayor with þ^e Shrieffes assistant to B. Boner agaynst Iohn Philpot.there came thether Sir William Garret Knight then Maior of London, Sir Martin Bowes Knight, and Thomas Leigh, then Sheriffe of the same City, and sat down with the sayd Bishops in the sayd Consistory, where, and what tyme Bishop Boner spake these woordes in in effect as foloweth.

London. Philpot, before the comming of my Lorde Maior, because I would not enter with you into the matter wherewith I haue heretofore and now intend to charge you withall, vntill his comming, I did rehearse vnto you a prayer, both in English and in Latin, which Bishop Stokesley my predecessor vsed when he intended to proceede to geue sentence against an hereticke.

And here they did agayne read the sayd prayer both in English and also in Latin: which being ended, hee spake againe vnto him and sayd:

Boner. MarginaliaThe 3. Articles agaynst Iohn Philpot againe repeated.Philpot, amongest other I haue to charge you, especially with three thinges.

Marginalia1.First, where you haue fallen from the vnity of Christes Catholicke church, you haue thereupon bene inuited and requyred, not onely by me, but also by many and diuers others catholicke Bishops, and other learned men, to returne & come againe to the same: and also you haue ben offered by me, that if you would so returne and confesse your errours and heresies, you should bee mercifully receiued, and haue so much fauour as I could shew vnto you.

Marginalia2.The second is, that you haue blasphemously spoken agaynst the sacrifice of the Masse, calling it idolatry and abomination.

Marginalia3.And thirdly, that you haue spoken and holden against the sacrament of the aultar, denying the reall presence of Christes body and bloud to be in the same.

This being spoken, the Bishop recyted vnto him a

certayne exhortation in English, the tenour and forme whereof is this.

MarginaliaAn exhortation of B. Boner to Iohn Philpot. December. 16.MAster Philpot, this is to be told you, that if you, not being yet reconcyled to the vnity of the Catholicke church, from whence yee did fall in the tyme of the late schisme here in this realme of England, agaynst the sea Apostolicke of Rome, will now hartely and obediently be reconciled to the vnity of the same catholicke church, professing and promising to obserue and kepe to the best of your power the fayth and Christiā religion obserued and kept of all faythfull people of the same: and moreouer if ye which heretofore, especially in the yeare of our Lord. 1553. 1554. 1555. or in one of them, haue offended and trespassed greuously against the sacrifice of the masse calling it idolatry and abominable, and lykewyse haue offended & trespassed against the sacrament of the aultar, denying the reall presence of CHRISTES body and bloud to be there in the Sacrament of the aultar, affirming also withall materiall bread and materiall wyne to be in the sayd Sacrament of the aultar, and not the substaunce of the body and bloud of CHRIST: if ye I say, wilbe reconcyled as is afore, and will forsake your heresies and errors before touched, being hereticall and damnable, and will allow also the Sacrament of the Masse, ye shall bee mercifully receiued and charitably vsed, with as much fauour as may be: if not, ye shall be reputed, taken and iudged for an hereticke (as ye be in deede.) Now do you chuse what ye will do: you are counselled herein friendly and fauourably.

Ita est quod Ed. Boner Epis. Lond.

The Bishops exhortation thus ended, M. Philpot turned him selfe vnto the Lord Maior and sayd:

Phil. MarginaliaIohn Philpot answereth to the Bishops exhortation before the Lord Maior.To you my Lord Mayor bearing the sword, I am glad that it is my chaunce now to stand before that autority that hath defended the Gospell, and the truth of Gods word: but I am sory to see that that authority which representeth the Kings and Queenes persons, should nowe be chaunged, and be at the commaundement of Antichrist. And ye (speaking to the Bishops) pretend to be the felowes of the Apostles of CHRIST, and yet ye be very Antichristes and deceiuers of the people: and I am glad that God hath geuen me power to stand here this day, and to declare and defend my fayth, which is founded on CHRIST.

Marginalia
To the first Article.
Iohn Philpot is of the Catholicke church, but not of the Babylonical church.Therefore as touching your first obiection, I say that I am of the catholicke church, whereof I was neuer out, and that your church (which ye pretend to be the catholicke church) is the church of Rome, and so the Babilonicall and not the catholicke church: of that church I am not.

Marginalia
To the 2. Article.
Iohn Philpot speaketh not against the true sacrifice, but against the sacrifice vpon the altar, vsed in priuate masses.As touching your second obiection, which is, that I should speake against the sacrifice of þ^e Masse, I do say, that I haue not spoken against the true sacrifice, but I haue spoken against your priuate Masses that you vse in corners, which is blasphemy to the true sacrifice: for your sacrifice dayly reiterated, is a blasphemy against CHRISTES death, and it is a lye of your owne inuencion. And that abominable sacrifice which ye set vpon the aultar, and vse in your priuate Masses in stede of the lyuely sacrifice, is Idolatry, and ye shall neuer proue it by Gods word: therefore ye haue deceiued the people wyth that your sacrifice of the Masse, which ye make a masking.

Marginalia
To the 3. Article.
Philpot denieth not the Sacrament of the altar of the crosse, but the Sacrament of the altar of stone he defieth.Thirdly, where you lay to my charge that I deny the body and bloud of CHRIST to be in the Sacrament of the aultar, I can not tell what altar ye meane, whether it be the aultar of the Crosse, or the aultar of the stone. And if ye call it the sacrament of the aultar in respect of the aultar of stone, then I defie your CHRIST: for it is a rotten CHRIST.

And as touching your transubstantiation, I vtterly deny it: for it was brought vp first by a Pope. Now as concerning your offer made from the Sinode, which is gathered together in Antichristes name: proue me that to be of the catholicke church (which ye shall neuer do) and I will follow you, and do as you would haue me