MarginaliaIohn Philpot to certayne that required him to write his examinations.Marginalia1555. Decemb.  

BEcause I haue begon to write vnto you of myne examinations before the Byshoppe and other, more to satisfie your desire then it is any thyng woorthy to be written: I haue thought it good to write vnto you also that whiche hath bene done of late, that the same might come to lyght whiche they do in darkenes and priuy corners, and that the worlde now and the posteritie hereafter might know howe vnorderly, vniustly, and vnlearnedly these rauenyng wolues do proceede agaynst the seely and faythfull flocke of Christ,MarginaliaThe vnordinate and vnlearned procedinges of these Catholicks against the poore flocke of Christ. and condemne and persecute the sincere doctrine of Christ in vs, whiche they are not able by honest meanes to resist, but onely by tyranny and violence.

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MarginaliaThe fift examination of M. Philpot.BOner. M. Philpot, come you hether. I haue desired my Lordes here and other learned men to take some paynes once agayne, and to do you good: and because I do mynde to sit in iudgement on you to morrow (as I am commaunded) yet I would you should haue as much fauour as I cā shew you, if you wilbe any thyng conformable. Therfore play the wise man, and be not singular in your opinion, but be ruled by these learned men.

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Phil. My Lord, in that you say you will sit on me in iudgement to morrow, I am glad thereof. For I was promised by them whiche sent me vnto you, that I should haue bene iudged the next day after: but promise hath not bene kept with me, to my farther grief. MarginaliaIohn Philpot ready to yeld his lyfe in Christes cause.I looke for none other but death at your handes, and I am as ready to yeld my lyfe in Christes cause, as you be to require it.

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Boner. Lo what a wilfull man this is? By my fayth it is but folly to reason with him, neither with any of these heretickes. I am sory that you will be no more tractable, & that I am compelled to shew extremitie agaynst you.

Phil. My Lord, you neede not to shew extremity against me vnles you list: neither by the law (as I haue sayd) you haue any thyng to do with me, for that you are not myne Ordinary, albeit I am (contrary to all right) in your prison.

Boner. Why, the Queenes Commissioners sent you hether vnto me vpon your examination had before them.  

I know not well the cause: but I am sure they would not haue sent you hether to me, vnlesse you had made some talke to them, otherwise then it becommeth a Christian man.

Phil. My Lord, in deede they sent me hether without any occasion than ministred by me. Onely they layd vnto me the disputation I made in the Conuocation house, requiryng me to aunswere the same, and to recant it. The whiche because I would not do they sēt me hether to your Lordship.

Boner. Why did you not aunswere them thereto?

Phil. For that they were temporall men, & ought not to be iudges in spirituall causes wherof they demaūded me, without shewyng any authoritie whereby I was bound to aunswere them, & hereupon they committed me to your prison.

Boner. In deede I remember now, you maintained open heresie in my Dioces:  

wherfore MarginaliaB. Boner seeketh cause agaynst hym and yet pretendeth to be sory of his trouble.the Cōmissioners sent you vnto me that I should proceede agaynst you, for that you haue spoken in my Dioces.

Phil. My Lord, I stand still vppon my lawfull plea in this behalfe, that though it were as great heresie as you suppose it, yet I ought not to be troubled therefore in respect of the priuiledge of the Parlament house, whereof the Conuocation house is a member, where all men in matters propounded may frankely speake their myndes: and here is present a Gentleman of the Queenes Maiesties that was present at the disputation, and can testifie MarginaliaMaster Philpots iust defence for speaking in the Parlament.that the questions whiche were there in controuersie, were not set forth by me, but by the Prolocutor, who required in the Queenes Maiesties name, all men to dispute their myndes freely in the same, that were of the house.

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The Queenes Gentleman. Though the Parlament house be a place of priuiledge for men of the house to speake, yet may none speake any treason agaynst the Queene, or maintaine treason agaynst 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 easie inough to you yet, as I perceiue, if you will reuoke the same which you did there so stubburnely maintaine.

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

whiche is

earnestly and perswasibly, as euer I heard any.

Phil. My Lordes, since you will not cease to trouble mee for that I haue lawfully done, neither will admit my iust defence for that was spoken in the conuocation house by me, contrary to the lawes and custome of the Realme. MarginaliaIohn Philpot appealeth to the whole Parlament 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 mayntayned the same synce that time, or no?

Phil. If any man can charge mee iustly therewith, here I stand to make aunswere.

Rochest. How say you to it now? wil 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 mine Ordinary to proceede ex officio  

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

S. Asse. MarginaliaThis Byshop be lyke would fayne haue bloud.What say you now? Is not there in þ^e blessed sacramēt of the aultar (& with that they put of all theyr 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 will 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 point. And the scripture sayth: All thinges ought to be done after an order.

An other Bysh. This is a froward  

& a vaynglorious man.

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

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

Boner. Why? I neuer asked the of this before now. MarginaliaB. Boner here forgetteth him selfe.

Phil. Yes that you dyd at my last examnation, by that token I aunswered your Lordship by S. Ambrose, that the Church is congregated by the word, and not by mans law. Wherfore I adde nowe further of this saying: MarginaliaAmb. lib. 5. Epist. 30. Eodem contra Auxentium.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 shal lyue by fayth. And moreouer (my Lorde) the title whiche your Lordship alledgeth out of the lawe, maketh it not vnlawfull to dispute of all the articles of the fayth, but of the Trinity.

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Boner. Thou lyest, it is not so: and I will shewe you by the Booke howe ignoraunt hee is. And with that hee went with all hast to his study, and fet his booke and openly read the text and the title of the lawe, and 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 law meaneth of the catholyke fayth determined in the Counsell of Calcedonia,  

where the articles of the crede were onely concluded vpon.

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

Phil. Your Lordship may speake your pleasure of me. But what is this to the purpose, whiche our Lordship is so earnest in? You know that our fayth is not grounded vpon the ciuill law:MarginaliaOur fayth not grounded vpon the ciuill law. therfore it is not materiall to me what soeuer the lawe sayth.

Boner. By what lawe wilt thou be iudged? Wilt thou bee iudged by the common law.

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

S. Asse. He wil be iudged by no law, But as he list him self.

Worcest. The common lawes are but abstractes of þ^e scriptures and Doctours.

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

Boner. I must nedes procede agaynst the to morow.

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

for you are not my competent Iudge.

Boner. By what lawe cāst thou refuse me to be thy iudge?

Phil. By the Ciuill law, De competente Iudice.

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

Phil. My Lord, I take vpon me no great cunnyng in the law: but you dryue me to my shiftes  

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

Boner. What? De competente Iudice? I will go fet the 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 cōpetēte Iudice. which I haue alledged. With that he ran to his study, and brought