MarginaliaAn. 1555. December.true faith?

Phil. I desire your lordship to hold me excused for answering at this tyme. I am sure that Gods woorde throughly with the Primitiue church and al the ancient writers doo agree with this faith I am of.

Boner. Well, I promise you I meane you no more *Marginalia* And why then began you so hastely with him in the Sacrament of your altar. hurt then to myne owne person: I wyl not therfore burden you with your conscience as nowe. I marueile that you are so mery in prison as you be, singing and reioysing, as the Prophet saith: Exultantes in rebus pessimis:  

reioysing in your naughtines. MarginaliaB Boner offended with M. Philpots singing in prison.Me thinketh you do not wel herein: you should rather lament and be sory.

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Phil. My lord, the mirth that we make is but in singing certaine Psalmes, according as we are commaunded by S. Paul, willing vs to be mery in the Lorde, singing together in Hymnes and Psalmes: and I trust your lordship can not be displeased with that.

Boner. We may say vnto you, as Christ said in the Gospel: Tibiis cecinimus vobis, & non planxistis.  

Phil. Here my lorde stumbled, and could not bring forth the text, and required his Chaplaines to helpe, and put him in remembraunce of the text better: but they were mumme: and I recited out the text vnto hym, whiche made nothing to his purpose, vnles he would haue vs to mourne, because they, if they laugh, sing stil sorowful things vnto vs, threatnyng fagots and fire.

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We are my Lord, in a darke comfortlesse place, and therfore it behooueth vs to bee meerye, least, as Salomon saith, sorowfulnesse eate vp our hart. Therefore I truste your Lordship wyll not be angrye for our singing of Psalmes, since saint Paul saith: If any man be of an vpright mind, let hym sing. And we therefore, to testifie that we are of an vpright minde to God (though wee be in miserie) doo sing.

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Boner. I wyll trouble you no further as nowe. If I can doo you any good, I wyll be glad to doo it for you. God be with you good Maister Philpot, and geue you good night. Haue hym to the Sellar, and let hym drinke a cup of wyne.MarginaliaThe ende of his first talke with B. Boner.

Thus I departed, and by my lordes Register I was brought to his Sellar doore, where I dranke a good cup of wine. And my lordes Chapleine M. Cousin folowed me, taking acquaintance, saying, that I was welcome, and wished that I would not be singular.

Phil. I am wel taught the contrary by Salomon, saying: Væ soli:  

Wo be to him that is alone. After that I was caried to my lordes Colehouse againe, where I with my sixe felowes doo rouse together in the straw as chearefully (we thanke God) as other do in their beds of Downe.

Thus for the third fitte.  

MarginaliaAn other examination of Iohn Philpot, before the Byshops.BOner. Maister Philpot, it hath pleased my Lordes to take paines here to day, to dine with my poore Archdeacon, and in the dynner tyme it chaunced vs to haue communication of you, and you wer pitied here of many that knew you in the newe Colledge in Oxforde: and I also doo pitie your case, because you seeme vnto me by the talke I had with you the other night, to be learned, and therfore now I haue sent for you to come before them, that it might not be said hereafter, that I had so many learned Bishops at my house and yet would not vouchsafe them to talke with you, and at my request (I thanke them) they are content so to do. Now therfore vtter your mynd freely, & you shal with all fauour be satisfied. I am sory to see you lye in so euyll a case as you do, and would faine you should do better, as you may, if you list.

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Bath. My lords here haue not sent for you to fawne vpon you, but for charities sake to exhorte you to come into the right catholike way of the church.

Worc. Before he begynneth to speake, it is best that he call to God for grace, and to pray that it might please God to open his hart, that he may conceiue the truth. MarginaliaAnd why doe not you Byshops your selues pray also for them that are out of the way.

Phil. With that I fell down vpon my knees before them, and made my prayer on this maner:

MarginaliaThe prayer of Iohn Philpot before the Byshops.Almighty God, which art the geuer of all wisedome & vnderstanding, I beseech thee of thine infinite goodnes and mercy in Iesus Christ, to geue me, most vile sinner in thy sight, the spirite of wisedome to speake and make answeare in thy cause, that it may be to the contentation of the hearers before whom I stand, and also to my better vnderstanding, if I be deceiued in any thing.

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Boner. Nay, my Lorde of Worcester, MarginaliaB. Boner against prayer.you did not well to exhort hym to make any prayer. For this is the thing they

haue a singular pride in, that they can often make their vaine prayers in the whiche they glory muche. For in this poynt MarginaliaB. Boner here seemeth more skilfull in his law then in church storyes.they are much like to certaine errant heretiques, of whom Plinie maketh mention, that dyd dayly sing antelucanos Hymnos:  

Prayse vnto God before the dawning of the day.  

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Phil. My lord, God make me & all you here present suche heretiks as those were þ^t soong those morning Hymnes: for they were right Christians, with whom the tyrantes of the world were offended for their well doyng.

Bath. Proceede to that he hath to say. He hath prayed I can not tel for what.

Boner. Say on, M. Philpot: my lordes wyll gladly heare you.

MarginaliaM. Philpot complayneth of his wrōgfull imprisonment.Phil. I haue, my Lordes, bene this tweluemoneth and an halfe in Prison without any iust cause, that I knowe, and my liuyng taken from me without any lawfull order, and nowe am I brought (contrary to right, from myne owne Territorie and Ordinarye, into an other mans iurisdiction, I knowe not why. Wherfore, if your lordships can burden me with any euyll done, I stande here before you to purge me of the same. And if no suche thing maye be iustly laid to my charge, I desire to be released of this wrongfull trouble.

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Boner. There is none here goeth about to trouble you, but to do you good, if we can. For I promise you, ye were sent hyther to me without my knowledge. Therfore speake your conscience without any feare.

Phil. My Lord, I haue learned to aunsweare in matters of Religion, MarginaliaM. Philpot called in no sufficient assēbly, and therefore not bound to aunswere, wherby to put himselfe in daunger.In Ecclesia legitime vocatus:  

In the Congregation being thereto lawfully called: but nowe I am not lawfully called, neither is here a iust congregation where I ought to answeare.

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Boner. In deede this man tolde me the last tyme I spake with hym, that hee was a Lawyer, and woulde not vtter his conscience in matters of fayth, vnlesse it were in the hearing of the people, where hee might speake to vayne glorye.

Phil. My lord, I said not I was a Lawyer, neither do I arrogate to my selfe that name, although I was once a nouice in the same, where I learned something for mine owne defence, when I am called in iudgement to answer to any cause, and wherby I haue bene taught, not to put my selfe further in danger then I neede, and so farre am I a Lawyer, and no further.

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Bath. If you wyll not answeare to my lordes request, you seeme to be a *Marginalia* Wilfull because he will not put him selfe wilfully into the Wolues mouth. wylful man in your opinion.

Phil. My lorde of London is not myne Ordinarye before whom I am bounde to answeare in this behalfe, as maister D. Cole (which is a Lawyer) can wel tel you by the law. And I haue not offended my lord of London wherefore he shoulde cal me.

Boner. Yes, I haue to lay to your charge, þ^t you haue offēded in my dioces by speaking against þ^e blessed sacramēt of the aultar, and therfore I may cal you & proceede against you to punish you by the lawe.

Phil. I haue not offended in your Dioces. MarginaliaThis offence was for speaking in the Conuocation house with publike libertye of the Parlament.For that whiche I spake of the sacrament was in Paules Church in the Conuocation house, whiche (as I vnderstande) is a peculiar iurisdiction belonging to the Deane of Paules, and therefore is counted of your Lordships Dioces, but not in your Dioces.

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Boner. Is not Paules Church in my Dioces? Well I wote, it costeth me a good deale of money by the yeare, the leading thereof.

Phil. That may be, & yet be exempted from your lordships iurisdiction. MarginaliaB. Boner not lawfull ordinary to Iohn Philpot.And albeit I had so offended in your Dioces, yet I ought by the lawe, to be sent to myne Ordinarye, if I require it, and not to be punished by you that are not myne Ordinary. And already (as I haue told you) I haue bene conuented of myne Ordinary for this cause, which you goe about to enquire of me.

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Boner. How say you, M. D. Cole, may not I procede against hym by þ^e law, for that he hath done in my Dioces?

Cole. Me thinketh M. Philpot needeth not to stande so much with your Lordship in that poynt as he dooth, sithen you seeke not to hynder hym, but to further hym: therfore I thinke it best that he go to the matter that is layde againste hym of the Conuocation, and make no longer delaye.

Phil. I woulde willingly shew my minde of the matter, but I am sure it wyll be laide againste me to my preiudice when I come to iudgement.

Cole. Why, then you may speake by protestation.

Phil. But what shall my potestation auaile in a cause of heresie (as you call it) if I speake otherwise then you wyll haue me, since that which I spake in the Conuocatiō house, being a place priuileged, can not now helpe me?

MarginaliaNote how these men hūt for innocent bloud.Boner. But M. Doct. Cole, may I not proceede agaynst