John Philpot to certain persons that required him to write his Examinations.

BECAUSE I have begun to write unto you of my examinations before the bishop and others, more to satisfy your desire than that it is worthy to be written; I have thought it good to write unto you also that which hath been done of late, that the same might come to light which they do in darkness and privy corners, and that the world now, and the posterity hereafter, might know how disorderly, unjustly, and unlearnedly these ravening wolves do proceed against the poor and faithful flock of Christ, and condemn and persecute the sincere doctrine of Christ in us, which they are not able by honest means to resist, but only by tyranny and violence.

The fifth Examination of John Philpot, had before the bishops of London, Rochester, Coventry, St. Asaph, (I believe,) and one other whose see I know not, Dr. Story, Dr. Curtop, Dr. Saverson, Dr. Pendleton, with divers other chaplains and gentlemen of the queen's chamber, and divers other gentlemen; in the gallery of my lord of London's palace.

Bon. Master Philpot, come hither, I have desired my lords here and other learned men, to take some pains once again, and to do you good; and because I mind to sit in judgment on you to-morrow, as I am commanded, I would you should have as much favour as I can show you, if you will be any thing conformable. Therefore play the wise man, and be not singular in your own opinion, but be ruled by these learned men.

Phil. My lord, you say you will sit on me in judgment to-morrow; I am glad thereof. For I was promised by them which sent me unto you, that I should have been judged the next day after; but promise hath not been kept with me, to my further grief. I look for no other but death at your hands, and I am as ready to yield my life in Christ's cause, as you are to require it.

Bon. Lo, what a wilful man is this! By my faith it is but folly to reason with him, or with any of these heretics. I am sorry that you will not be more tractable, and that I am compelled to show extremity against you.

Phil. My lord, you need not show extremity against me unless you list; neither by the law, as I have said, have you any thing to do with me, for you are not my ordinary, although I am, contrary to all right, in your prison.

Bon. Why, the queen's commissioners sent you hither unto me upon your examination had before them. I know not well the cause; but I am sure they would not have sent you hither to me, unless you had made some talk to them otherwise than became a Christian man.

Phil. My lord, indeed they sent me hither without any occasion then ministered by me. Only they laid unto me the disputation I made in the convocation-house, requiring me to answer the same, and to recant it; which because I would not do, they sent me hither to your lordship.

Bon. Why did you not answer them thereto?

Phil. Because they were temporal men, and ought not to be judges in spiritual causes whereof they demanded of me, without showing any authority whereby I was bound to answer them; and hereupon they committed me to your prison.

Bon. Indeed, I remember now, you maintained open heresy in my diocese, wherefore the commissioners sent you unto me that I should proceed against you, for you have spoken in my diocese.

Phil. My lord, I stand still upon my lawful plea in this matter, that though it were a great heresy as you suppose it, yet I ought not to be troubled therefore, in respect of the privilege of the parliament house, whereof the convocation-house is a member, where all men in matters propounded may frankly speak their minds. And here is present a gentleman of the queen's majesty's, who was present at the disputation, and can testify the questions which were then in controversy, were not set forth by me, but by the prolocutor, who required in the queen's majes ty's name, all men to dispute their minds freely in the same, that were of the house.

The queen's gentleman. Though the parliament house is a place of privilege for men of the house to speak, yet may none speak any treason against the queen, or maintain treason against the crown.

Phil. But if there is any matter which otherwise it were treason to speak of, were it treason for any person to speak therein, specially the thing being proposed by the speaker?

I think not.

The queen's gentleman. You may make the matter easy enough to you yet, as I perceive, if you will revoke the same which you did there so stubbornly maintain.

St. Asaph. This man did not speak under reformation, as many there did, but earnestly and persuasibly, as ever I heard any.

Phil. My lords, since you will not cease to trouble me for that I have lawfully done, neither will admit my just defence for what was spoken in the convocation-house by me, but act therein contrary to the laws and custom of the realm, I appeal to the whole parliament house, to be judged by the same, whether I ought thus to be molested for what I have there spoken.

Roch. But have you spoken and maintained the same since that time, or not?

Phil. If any man can charge me justly therewith, here I stand to make answer.

Roch. How say you to it now? will you stand to what you have spoken in the convocation-house, and do you think you said then well, or no?

Phil. My lord, you are not my ordinary to proceed ex officio* against me, and therefore I am not bound to tell you my belief of your demands.

St. A. What say you now? Is there not in the blessed Sacrament of the altar, (and with that they put off all their caps for reverence of the idol,) the presence of our Saviour Christ, really and substantially after the words of consecration?

Phil. I do believe that in the sacrament of Christ's body duly ministered, there is such manner of presence, as the word teacheth me to believe.

St. A. I pray you, how is that?

Phil. As for that, I will declare another time when I shall be lawfully called to dispute my mind of this matter; but I am not yet driven to that point. And the Scripture sayeth, "All things ought to be done after an order."

Another bishop. This is a froward and vain-glorious

man.

Bon. It is not lawful for a man by the civil laws to dispute of his faith openly, as it appeareth in the title, “ De summa trinitate et fide catholica."+

Phil. My lord, I have answered you this question before.

* By right of your office.

+ Respecting the Trinity and the Catholic faith.

Bon. Why, I never asked thee of this before now.

Phil. Yes, that you did at my last examination, by that token I answered your lordship by St. Ambrose, that the church is congregated by the word, and not by man's law. Wherefore I add now further this saying: "That he who refuseth the word, and objecteth the law, is an unjust man, because the just shall live by faith.' And moreover, my lord, the title which your lordship alleges out of the law, makes it not unlawful to dispute of all the articles of the faith, but only of the Trinity.

Bon. Thou liest, it is not so: and I will show you by the book how ignorant he is.

And with that he went with all haste to his study, and brought his book and openly read the text and the title of the law, and charged me with such words as seemed to make for his purpose, saying, " How sayest thou to this?"

*

Phil. My lord, I say as I said before, that the law means the catholic faith determined in the council of Chalcedon, where the articles of the creed were only concluded upon. Bon. Thou art the veriest beast that ever I heard, I must needs speak it, thou compellest me thereunto.

Phil. Your lordship may speak your pleasure of me. But what is this to the purpose, which your lordship is so earnest in? You know that our faith is not grounded upon the civil law; therefore it is not material to me whatever the law saith.

Bon. By what law wilt thou be judged? Wilt thou be judged by the common law?

Phil. No, my lord, our faith depends not upon the laws of man.

St. A. He will be judged by no law, but as he pleases himself.

Wor. The common laws are but abstracts of the Scriptures and doctors.

Phil. Whatsoever you account them, they are no ground of my faith, by which I ought to be judged.

Bon. I must needs proceed against thee to-morrow. Phil. If your lordship do so, I shall have exceptionem fori,† for you are not my competent judge.

Bon. By what law canst thou refuse me to be thy judge? Phil. By the civil law, De competente judice.‡

Bon. There is no such title in the law. In what book is it, cunning lawyer as you are?

Phil. My lord, I take upon me no great cunning in the law: but you drive me to my shifts for my defence, and I am sure if I had the books of the law, I were able to show what I say.

Bon. What? De competente judice? I will go and fetch thee my books. There is a title indeed, De officiis judicis ordinarii. "Of the duties of the ordinary judge."

Phil. Verily, that is the same De competente judice, which I have alleged.

With that he ran to his study, and brought the whole course of the law between his hands, which, as it might appear, he had well occupied, by the dust they were embrued withal.

Bon. There are the books; 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 civil law, although I am not altogether ignorant of the same, for I have been a student in the same six or seven years; but to answer to the articles of faith with which you may lawfully burden me. And whereas you go about to proceed unlawfully, I challenge, according to my knowledge, the benefit of the law in my defence.

Bon. Why, thou wilt answer directly to nothing thou art charged with: therefore say not hereafter but you might have been satisfied here by learned men, if you would have declared your mind.

Phil. My lord, I have declared my mind unto you and to others of the bishops at my last being before you, desiring to be satisfied by you only as to one thing, whereunto I have referred all other controversies; which if your lordships now, or other learned men, can simply resolve me of, I am as contented to be conformable in all things, as you shall require; the which is to prove that the church of Rome (whereof you are) is the catholic church.

Cov. Why, do you not believe your creed, "I believe in the holy catholic church?"

Phil. Yes, that I do; but I cannot understand Rome (wherewith you burden us) is the same, neither like it.

St. A. It is most evident that St. Peter built the catholic church at Rome. And Christ said, "Thou art Peter, and upon this rock I will build my church."* Moreover, the

*That Peter built the Church of Rome is false, for the Scripture