Acts and Monuments Volume 2 Part 2, Book 11 · Account 18 · Examination 1
¶The first examination of M. Iohn Philpot, before the Queenes Commissioners, M. Chomley, M. Roper, & Doct. Story, and one of the Scribes of the Arches,The … at Newgate Sessions hall. 2. Octob. 1555.
DOct. Story, before I was called into an inner Parler where they sate, came out into the Hall where I was, to view me among other that there were, & passing by me sayd: Ha M. Philpot, and in returnyng immediately agayne, stayed against me, beholdyng me, and saying, that I was well fed in deed.
Philpot.
…If I be fat and in good liking (M. Doctor) it is no maruell, since I hauehave bene stalled vp in prison this twelue months and a halfe, in a close corner. I am come to know your pleasure wherfore you hauehave sent for me.
Story.
We heare that thou art a suspect person, and of hereticall opinions, and therfore we hauehave sent for thee.
Phil.
…I hauehave bene in prison thus long, only vponupon the occasion of disputation made in the Conuocation house, and vponupon suspect of settyng foorth the report thereof.
Story.
If thou wilt reuoke the same, and become an honest man, thou shalt be set at liberty, and do right well: or els thou shalt be committed to the Bish. of London. How saiest thou, wilt thou reuoke it or no?
Phil.
I hauehave alredy answered in this behalfe to myne Ordinarie.
Story.
If thou answerest thus when thou commest before vsus anone, thou shalt heare more of our mynds: and with this he went into the Par…er, and I within a little whyle after, was called in.
The Scribe.
Sir, what is your name?
Phil.
My name is Iohn Philpot. And so he intituled my name.
Story.
This man was Archdeacon of Winchester of Doct. Pomets presentment.
Phil.
I was Archdeacon in deed, but none of his presentment, but by vertue of a former aduouson geuen by my L. Chancellor that now is.
Story.
Ye may be sure that my L. Chauncellor would not make any such as he is Archdeacon.
Roper.
Come hither to me M. Philpot. We heare say that you are out of the catholike church, and hauehave ben a disturber of the same: out of the which who so is, hee cannot be the chyld of saluation. Wherfore, if you will come into the same, you shall be receiued and finde fauour.
Phil.
I am come before your worshipfull Maisterships at your apointmēt,… vnderstanding that you are magistrates authorised by the Queenes maiesty, to whom I owe and wil do my due obedience to the vttermost. Wherfore I desire to know what cause I hauehave offended in, wherefore I am now called before you. And if I cānot be charged with any particuler matter done contrary to the lawes of this Realme, I desire your maisterships that I may hauehave the benefit of a subiect, and be deliuered out of my long wrong …all imprisonment, where I hauehave lyen this twelue month and this halfe, without any calling to answer before now, and my liuyng taken from me without all law.
Roper.
Though we hauehave no perticular matter to charge you withall, yet we may both by our Commission, and by the law driue you to answer to the suspicion of a slaunder goyng on you: & besides this, we hauehave statutes to charge you herein withall.
Phil.
If I hauehave offended any statute, charge me therewithall: and if I hauehave incurred the penaltie therof, punish me accordingly. And because you are magistrates and executors of the Queens maiesties lawes, by force wherof you do now sit, I desire that if I be found no notorious transgressor of any of them, I may not be burdened with more then I hauehave done.
Cholm.
If the Iustice doe suspect a fellon, he may examine him vponupon suspition therof, & commit him to prison though there be no fault done.
Sto.
I perceiue whereabout this man goeth. He is playne in Cardmakers case, for he made the selfe same allegatiōs. But they will not serue thee, for thou art an heretike, and holdest against the blessed masse: how sayst thou to that?
Phil.
I am no heretike.
Story.
…I wil prooue thee an heretike. Whosoeuer hath holden against the blessed masse, is an heretike: but thou hast holden agaynst the same, therfore thou art an heretike.
Phil.
That which I spake, & which you are able to charge me withal, was in the conuocatiō, where by the Queenes maiesties will & her whole counsail, liberty was geuen to eueryevery man of the house to vtter his conscience, & to say hys mynd freely of such questiōs in religiō, as there were propounded by the Prolocutor, for the which now I ought not to be molested and imprisoned as I hauehave bene, neither now be compelled of you to answer to the same.
Story.
Thou shalt go to the Lollards Tower, & be handled there like an heretike as thou art, and answer to ye same that thou there didst speake, and be iudged by the Byshop of London.…
Phil.
I hauehave already bene conuented of this matter before my Lord Chancellor myne Ordinary, who this long time hath kept me in prison: therfore if his Lordship will take my lyfe away, as he hath done my liberty and liuyng, hee may, the which I thinke he cannot doe of hys conscience, and therefore hath let me lye this long in prison: wherefore I am content to abyde the ende of hym herein that is myne Ordinary, and do refuse the auditorie of the Bishop of Londō, because he is an vncompetent iudge for me, and not myne Ordinary.
Story.
But Sir,M. Philpot hauing publicke leaue▪ spake in the Conuocation, Ergo, he must be committed to Lolardes Tower, by D. Storie… Logicke. thou spakest wordes in the Conuocation house, which is of the B. of Londons Dioces, & therefore thou shalt be caried to the Lollardes Tower to be iudged by hym for the words thou spakest in his Dioces agaynst the blessed masse.
Phil.
Sir, you know by the law, that I may hauehave Exceptionem fori: and it is agaynst all equitie, that I should bee twise vexed for one cause, and that by such, as by the lawe hauehave nothyng to do with me.
Roper.
You can not deny, but that you spake agaynst the Masse in the Conuocation house.
Sto.
Doest thou deny that which thou spakest there, or no?
Phil.
I cannot deny that I hauehave spoken there, and if by the law you may put me to death therefore, I am here redy to suffer whatsoeuer I shall be adiudged vntounto.
The Scribe.
This man is fed of vayne glory.
Cholm.
Play the wise gentleman and be conformable, and be not stubborne in your opinions, neither cast your selfe away. I would be glad to you good.
Phil.
I desire you sir with the rest here,Iohn Philpot charged further by the Commissioners then the law would beare. yt I be not charged further at your hands, then the law chargeth me, for that I hauehave done, since there was then no law agaynst that directly, wherewith I am now charged. And you M. Doctor (of old acquaintance in Oxford) I trust will shew me some friendship, and not extremitie.
Story.
I tell thee, if thou wouldst be a good catholike man, I would be thy friend, and spend my gowne to doe thee good: but I wyll be no friend to an hereticke as thou art,Now commeth in the Butchers axe. but wil spend both my gowne & my coat, but I wil burne thee. How sayest thou to the Sacrament of the aultar?
Phil.
Sir, I am not come now to dispute with your maistership, and the tyme now serueth not thereto, but to answer to that I may be lawfully charged withall.
Story.
Wel, since thou wilt not reuoke that thou hast done, thou shalt be had into the Lollards Tower.
Phil.
Sir, since you will needes shew me this extremitie,M. Philpot requireth to see their commissiō. and charge me with my conscience, I do desire to see your Commission, whether you hauehave this autority so to do, and after the view therof I shal (according to my duety) make you further answer, if you may by the vertue therof burthen me with my conscience.
Roper.
Let hym see the Commission: is it here?
Story.
Shall wee let eueryevery vyle persone see our Commission?
Cholm.
Let him go from whence he came, and on Thursday he shall see our Commission.
Story.
No, let hym lie in the meane while in the Lollardes Tower: for I will sweepe the Kings Bench & all other prisons also of these heretikes: they shall not hauehave that resort as they hauehave had, to scatter their heresies.
Phil.
You hauehave power to transferre my body from place to place at your pleasure: but you hauehave no power ouer my soule. And I passe not whether you commit me, for I can not be worse entreated then I am, kept all day in a close chamber: wherfore it is no maruell that my flesh is puft vp wherewithall M. Doctor is offended.
Story.
Marshall, take him home with you agayne, and see that you bring him againe on Thursday, and then we shal ridde your fingers of him, and afterward of your other heretikes.
Philpot.
God hath appointed a day shortly to come, in the which he will iudge vsus with righteousnesse, how so euer you iudge of vsus now.
Roper.
Be content to be ruled by M. Doctor, & shew your selfe a catholike man.
Phil.
Sir,Philpot wil not dissēble agaynst his conscience. if I should speake otherwise then my conscience is, I should but dissemble with you: & why be you so earnest to hauehave me shew my self a dissembler both to God and you, which I cannot do?
Roper.
We do not require you to dissemble with vsus, but to be a Catholike man.
Phil.
If I do stand in any thing against that wherein any man is able to burthen me with one iote of the Scripture, I shall be content to be counted no Catholike man, or an heretike, as you please.
Story.
HaueHave we Scripture, Scripture? and wyth that he rose vp, saying: who shalbe Iudge I pray you? This mā is lyke his fellow Woodman, which the other day woulde hauehave nothyng els but scripture. And this is the beginning of this tragedie.