1576 Edition | Book 11 | Page 1715 
Marginalia1555. Decemb.haue offended in wherefore I am nowe called before you. And if I can not be charged wt any particular matter done contrary to the lawes of this realme, I desire your masterships that I may haue the benefite of a subiect, and be deliuered out of my long wrongfull imprisonment,MarginaliaIohn Philpot lying in prison a yeare and a halfe before he was called to his aunswere. where I haue lyen this tweluemoneth and this halfe, without any calling to answere before now, and my liuing taken from me without al lawe.
[Back to Top]Roper. Though we haue MarginaliaNo particular matter agaynst M. Philpot but onely suspicion.no particular matter to charge you withal, yet we may both by our Commissiō and by the lawe driue you to aunsweare to the suspition of a sclaunder going on you: and besides this, we haue statutes to charge you herein withal.
[Back to Top]Phil. If I haue offended any statute, charge me therewithal: and if I haue incurred the penaltie therof, punishe me accordingly. And because you are magistrates and executors of the Queenes maiesties lawes, by force whereof you do nowe sit, I desire that if I be founde no notorious transgressour of any of them, I maye not be burdened with more then I haue done.
[Back to Top]Cholm. If the Iustice do suspect a felon, he may examine hym vpon suspition therof, & commit hym to prison, though there be no fault done.
Story. I perceyue whereabout this man goeth. He is plaine in Cardmakers case, for he made the selfe same allegations. But they wyll not serue thee, for thou art an heretike, and holdest againste the blessed Masse: howe sayest thou to that?
Phil. I am no heretike.
Story. I will proue thee an heretike. MarginaliaThe Maior is not vniuersally true, for in the tyme of king Edward, who that spake against the Masse as M. Philpot did by those lawes was no hereticke but a perfect christian.Who soeuer hath holden against the blessed masse, is an heretike: but thou hast holden against the same, therfore thou art an heretike.
[Back to Top]Phil. That which I spake, & which you are able to charge me withal, was in the Conuocation, where, by þe queenes maiesties wyl & her whole Counsaile, libertie was geuē to euery man of the house to vtter his conscience, & to say his mynd freely of such questions in religion, as there were propounded by the Prolocutor for the which now I ought not to be molested and imprisoned as I haue bene, neither now be compelled of you to answere to the same.
[Back to Top]Story. Thou shalt go to the Lollardes Tower,
CloseA tower at the northwest corner of St Paul's cathedral. Accused heretics were occasionally held here because it was a secure place convenient to both the bishop of London and the consistory court of St Paul's.
Phil. I haue already bene conuented of this matter before my Lorde Chauncellour myne Ordinarye, who this long tyme hath kept me in prison: therefore if his Lordship wyll take my life awaye, as he hath done my libertie and liuyng he may, the which I thinke he can not do of his conscience, and therefore hath let me lye this long in prison: MarginaliaIohn Philpot appealeth to his ordinary.wherfore I am content to abide the ende of him herein that is myne Ordinary, and do refuse the auditorie of the bishop of London, because he is an vncompetent Iudge for me, & not myne Ordinary.
[Back to Top]Story. But sir, MarginaliaM. Philpot hauing publicke leaue, spake in the conuocation, Ergo, he must be committed to Lolardes Tower, by D. Storyes Logicke.thou spakest woordes in the Conuocation house, which is of the bishop of Londons Dioces, and therfore thou shalt be caried to the Lollards Tower, to be iudged by hym for the words thou spakest in his dioces against the blessed masse.
[Back to Top]Phil. Sir, you know by the law, that I may haue Exceptionem fori:
exceptionem fori Not translated. exception of the forum (legal term?) [cf. L & S, p. 676]
Close
Roper. You can not deny, but that you spake againste the masse in the Conuocation house.
Story. Doest thou denye that which thou spakest there, or no?
Phil. I can not denye that I haue spoken there, and if by the law you may put me to death therfore, I am here ready to suffer what soeuer I shalbe adiudged vnto.
The Scribe. This man is fed of vaine glory.
Cholm. Play the wise Gentleman, and be conformable, & be not stubborne in your opinions, neither cast your selfe away. I would be glad to do you good.
Phil. I desire you sir, with the rest here, that MarginaliaIhon Philpot charged further by the commissioners then the law wold beare.I be not charged further at your handes, then the law chargeth me, for that I haue done, since there was then no lawe against that directly, wherwith I am now charged. And you M. Doctor (of old acquaintance in Oxford) I trust wyl shew me some frendship, and not extremitie.
[Back to Top]Story. I tell thee, if thou wouldest be a good Catholike man, I woulde be thy frende, and spende my gowne to doo thee good: but I wyll bee no freende to an heretike, as thou art, but wyll spende both my gowne and my coate, but I wyll burne thee. MarginaliaNowe commeth in the Butchers axe.How sayest thou to the Sacrament of the aultar?
[Back to Top]Philpot. Sir, I am not come nowe to dispute with your mastership, and the tyme nowe serueth not thereto, but to
answere to that I may be lawfully charged withal.
Story. Wel, since thou wylt not reuoke that thou hast don, thou shalt be had into the Lollards Tower.
Phil. Syr since you will needes shewe me this extremitye, and charge me with my conscience, MarginaliaM. Philpot requireth to see their commission.I doe desyre to see your Commission, whether you haue this authority so to do, and after the vewe therof I shall (according to my duty) make you further aunswere, if you may by the vertue therof burthen me with my conscience.
[Back to Top]Roper. Let hym see the Commission: is it here?
Story, Shall we let euery vyle person see our Cōmissiō?
Cholm. Let him go from whence he came, and on Thursday he shall see our Commission.
Story. No, let hym lye in the meane while in the Lolardes Tower: for I will sweepe the Kinges Bench and all other prisons also of these heretickes: they shall not haue that resorte as they haue had, to scatter theyr heresies.
CloseStory was quite correct to worry about heresy sweeping through the King's Bench prison; the fact that many Marian protestants were confined there, combined with the protestant sympathies of the marshal of the King's Bench, Sir William Fitzwilliam, ensured that the prison was a centre of protestant activity.
[Back to Top]Phil. You haue power to trāsferre my body from place to place at your pleasure: but you haue no power ouer my soule. And I passe not
CloseI do not care.
CloseSir William Fitzwilliam, the marshal of the King's Bench.
Phil. God hath appointed a day shortly to come, in þe which he will iudge vs with righteousnes, howe soeuer you iudge of vs now.
Roper. Be content to bee ruled by Master Doctour, and shew your selfe a Catholicke man.
MarginaliaPhilpot will not dissemble against his conscience.Phil. Syr if I should speake otherwise then my conscience is, I should but dissemble with you: and why be you so earnest to haue me shew my selfe a dissembler both to God and you, which I can not do?
Roper. We do not require you to dissemble with vs, but to be a Catholike man.
Phil. If I do stand in any thing against that wherin any man is able to burthen me with one iote of the scripture, I shalbe content to be counted no Catholike man, or an heretike, as you please.
Story. Haue we Scripture, Scripture? and with that he rose vp, saying: who shalbe Iudge, I pray you? This man is like his felow Woodman,
CloseRichard Woodman, who would later be martyred, was being held in prison and would be released on a technicality, on 18 December 1555, the day on which Philpot was executed.
CloseThe notes are at the end of the examinations were written Philpot, not by Foxe.
MarginaliaThe second Examination of Iohn Philpot before the Commissioners.AT my commyng, a man of Algate of myne acquaintance said vnto me: God haue mercy on you, for you are alredy condemned in this world: for Doctour Story said, that my Lord Chancelor hath commaunded to do you away. After a litle consultation had betwene them, M. Cholmley called me vnto hym, sayng.
[Back to Top]Cholm. M. Philpot, shew your selfe a wise man, and be not stubborne in your owne opinion, but be conformable to the Queenes proceedings, and lyue, and you shalbe wel assured of great fauor and reputation.
Phil. I shall do as it becommeth a Christian man to do.
Story. This man is the rankest heretike that hath bene in all my Lorde Chauncellours Dioces, and hath done more hurte then anye man els there: therefore his pleasure is, that he shoulde haue the Lawe to proceede against hym, and I haue spoken with my Lorde herein, and hee wylleth him to be committed to the Bishop of London, and there to recant, or els burne. He howled and wepte in the Conuocation house, and made such a doo as neuer man dyd, as all the heretikes doo when they lacke learnyng to aunsweare. He shall goe after his felowes. Howe sayest thou, wylt thou recant?
[Back to Top]Phil. I know nothing I haue done, that I ought to recāt.
Story. Wel, then I pray you let vs cōmit hym to the Lollardes Tower, there to remaine vntyll he be further examined before the bishop of London: for he is too fine fed in the Kinges Bench, and he hath too much fauor there.
CloseSir William Fitzwilliam, the marshal of the King's Bench, was a protestant sympathiser and was lenient to the protestant prisoners in his custody. (See Thomas S. Freeman, 'Publish and Perish: The Scribal Culture of the Marian Martyrs' in Julia Crick and Alexandra Walsham (eds.), The Uses of Script and Print, 1300-1700 (Cambridge: 2004), p. 237).
[Back to Top]Cooke. This man hath most stoutly mainteyned heresies since the Queenes cōmyng in, as any that I haue heard of: therfore it is most mete he should be adiudged by the bishop of Lōdon, for the heresies he hath mainteyned.