Philpot Mary. thereunto, he went over into Italy, and places thereabouts, where he, A.D. coming upon a time from Venice to Padua, was in danger through a 1555. certain Franciscan friar accompanying him in his journey, who, coming to Padua, sought to accuse him of heresy. At length regoethover turning into England his country again, as the time ministered more to Italy. boldness to him in the days of king Edward, he had divers conflicts' with Gardiner the bishop in the city of Winchester, as appeareth into Eng- by divers of Winchester's letters, and his examinations; whereof read The re turn of Philpot land. Philpot con of ter. before. 2 After that, having an advowson by the said bishop, he was made archdea- there archdeacon of Winchester, under Dr. Poinet, who then sucWinches- ceeded Gardiner in that bishopric. Thus during the time of king Edward, he continued to no small profit of those parts thereabout. When that blessed king was taken away, and Mary his sister came in place, whose study was wholly bent to alter the state of religion in the woful realm of England, first she caused a convocation of the prelates and learned men to be congregated to the accomplishment of her desire. In the which convocation master Philpot, being present according to his room and degree, with a few others, sustained the cause of the gospel manfully against the adversary part (as is above recited); for the which cause, notwithstanding the liberty of the house promised before, he was called to account before bishop Gardiner the chancellor, then being his ordinary, by whom he was first examined, Philpot although that examination came not yet to our hands. From thence Gardiner again he was removed to Bonner and other commissioners, with to Bonner. whom he had divers and sundry conflicts, as in his examinations here following may appear. sent from See Appendix. Story's Philpot. The first Examination of Master John Philpot before the Queen's Dr. Story, before I was called into an inner parlour where they sat, came words to out into the hall where I was, to view me among others that there were, and passing by me said, "Ha! master Philpot;" and in returning immediately again, stayed against me, beholding me, and saying that I was well fed indeed. Philpot :-"If I be fat, and in good liking, master doctor, it is no marvel, since I have been stalled up in prison this twelve-month and a half, in a close corner. I am come to know your pleasure wherefore you have sent for me." Story::-"We hear that thou art a suspect person, and of heretical opinions; and therefore we have sent for thee." Cause of Philpot :- "I have been in prison thus long, only upon the occasion of disPhilpot's putation made in the convocation-house, and upon suspecte of setting forth imprison- the report thereof." ment. Story:-" If thou wilt revoke the same, and become an honest man, thou shalt be set at liberty, and do right well: or else thou shalt be committed to the bishop of London. How sayest thou, wilt thou revoke it or no?" Philpot: :-" I have already answered in this behalf to mine ordinary." (1) See Strype. Memorials under Mary, chap. 33, page 456. Edit. Lond. 1816.-ED. anno 1557.. (3) "An Examination of the constante Martir of Christ, John Philpot, archdeacon of Winchester," etc. Printed by Henry Sutton, 1559. Dibdin's Ames's, etc. vol. iv. 487.-ED. shalt hear more of our minds:" and with that he went into the parlour, and I Mary. within a little while after was called in. The Scribe: 66 Sir, what is your name?" My name is John Philpot." And so he intituled my name. Story::-"This man was archdeacon of Winchester, of Dr. Poinet's presentment." Philpot :-" I was archdeacon indeed, but none of his presentment, but by virtue of a former advowson, given by my lord chancellor that now is." Story:"Ye may be sure that my lord chancellor would not make any such as he is archdeacon." Roper:-"Come hither to me, master Philpot. We hear say that you are out of the catholic church, and have been a disturber of the same; out of the which whoso is, he cannot be the child of salvation. Wherefore, if you will come into the same, you shall be received, and find favour." A. D. 1555, fore he was called Philpot:-"I am come before your worshipful masterships at your appoint- Philpot ment, understanding that you are magistrates authorized by the queen's lying in prison a majesty, to whom I owe, and will do my due obedience, to the uttermost. year and a Wherefore I desire to know what cause I have offended in, wherefore I am half benow called before you. And if I cannot be charged with any particular matter done contrary to the laws of this realm, I desire your masterships that I may to his anhave the benefit of a subject, and be delivered out of my long wrongful im- swer. prisonment, where I have lien this twelve month and this half, without any calling to answer before now, and my living taken from me without all law." Roper :-"Though we have no particular matter to charge you withal, yet No particular matwe may both by our commission and by the law drive you to answer to the sus- ter but picion of a slander going on you: and, besides this, we have statutes to charge suspicion. you herein withal." Philpot:-"If I have offended any statute, charge me therewithal; and, if I have incurred the penalty thereof, punish me accordingly. And because you are magistrates and executors of the queen's majesty's laws, by force whereof 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 than I have done." Cholmley: "If the justice do suspect a felon, he may examine him upon suspicion thereof, and commit him to prison though there be no fault done.' Story:-"I perceive whereabout this man goeth He is plain in Cardmaker's case, for he made the selfsame allegations. But they will not serve thee; for thou art a heretic, and holdest against the blessed mass. How sayest thou to that?" Philpot:-" I am no heretic." Story:-"I will prove thee a heretic. Whosoever hath holden against the blessed mass, is a heretic: but thou hast holden against the same, therefore thou art a heretic." 1 Philpot:"That which I spake, and which you are able to charge me withal, was in the convocation, where, by the queen's majesty's will and her whole council, liberty was given to every man of the house to utter his conscience, and to say his mind freely of such questions in religion, as there were propounded by the prolocutor; for the which now I thought not to be molested and imprisoned as I have been, neither now be compelled of you to answer to the same." Story:-"Thou shalt go to the Lollards' Tower, and be handled there like a heretic, as thou art; and answer to the same that thou there didst speak; and be judged by the bishop of London." dinary. Philpot:" I have already been convented of this matter before my lord Philpot chancellor mine ordinary, who this long time hath kept me in prison. There- appealeth fore, if his lordship will take my life away, as he hath done my liberty and to his or living, he may; the which I think he cannot do of his conscience, and therefore hath let me lie thus long in prison: wherefore I am content to abide the end of him herein that is mine ordinary, and do refuse the auditory of the bishop of London, because he is an incompetent judge for me, and not mine ordinary." Story:-"But sir, thou spakest words in the convocation-house, which is of the bishop of London's diocese, and therefore thou shalt be carried to the (1) The major is not universally true; for in the time of king Edward he that spake against the mass, as Philpot did, by those laws, was no heretic, but a perfect Christian. Mary. Lollards' Tower to be judged by him for the words thou spakest in his diocese against the blessed mass.' A.D. 1555. Philpot "1 Philpot :- "Sir, you know by the law, that I may have 'Exceptionem fori. and it is against all equity, that I should be twice vexed for one cause, and that by such as by the law have nothing to do with me.” Roper:-"You cannot deny, but that you spake against the mass in the convocation-house." Story:-"Dost thou now deny that which thou spakest there, or no?" Philpot "I cannot deny that I have spoken there, and if by the law you may put me to death therefore, I am here ready to suffer whatsoever I shall be adjudged unto." The Scribe :-" This man is led of vain glory." Cholmley:-" Play the wise gentleman, and be conformable; and be not stubborn in your opinions, neither cast yourself away. I would be glad to do you good." Philpot::-" I desire you, sir, with the rest here, that I be not charged furcharged ther at your hands than the law chargeth me, for that I have done, since there was then no law directly against that wherewith I am now charged. And you, law would master doctor (of old acquaintance in Oxford), I trust will show me some friendship, and not extremity.' further than the bear. Philpot to see Story:-"I tell thee, if thou wouldst be a good catholic man, I would be thy friend, and spend my gown to do thee good; but I will be no friend to a heretic, as thou art, but will spend both my gown and my coat, but I will burn thee. How sayest thou to the sacrament of the altar?" a Philpot: :-" Sir, I am not come now to dispute with your mastership, and the time now serveth not thereto, but to answer to that I may be lawfully charged withal.” Story:-"Well, since thou wilt not revoke that thou hast done, thou shalt be had into the Lollards' Tower." Philpot :-" Sir, since you will needs show me this extremity, and charge me requireth with my conscience, I do desire to see your commission, whether you have this authority so to do, and after the view thereof I shall (according to my duty) commis- make you further answer, if you may, by the virtue thereof, burden me with my conscience." their sion. Philpot will not dissemble against his conscience. Roper:-" Let him see the commission: is it here?" Story:-"Shall we let every vile person see our commission?" Cholmley:-"Let him go from whence he came, and on Thursday he shall see our commission." Story:-" No, let him lie in the meanwhile in the Lollards' Tower; for I will sweep the King's Bench, and all other prisons also, of these heretics, they shall not have that resort as they have had, to scatter their heresies." Philpot::—“ You have power to transfer my body from place to place at your pleasure; but you have no power over my soul. And I pass not whither you commit me, for I cannot be worse entreated than I am, kept all day in a close chamber: wherefore it is no marvel that my flesh is puffed up, wherewithal master doctor is offended." Story::-" Marshal, take him home with you again, and see that you bring him again on Thursday, and then we shall rid your fingers of him and afterward of your other heretics." Philpot: :-"God hath appointed a day shortly to come, in the which he will judge us with righteousness, howsoever you judge of us now." Roper ::-"Be content to be ruled by master doctor, and show yourself a catholic man.' Philpot: :Sir, if I should speak otherwise than my conscience is, I should but dissemble with you: and why be you so earnest to have me show myself a dissembler both to God and you, which I cannot do?" Roper :-"We do not require you to dissemble with us, but to be a catholic man." Philpot::-"If I do stand in any thing against that, wherein any man is able to burden me with one jot of the Scripture, I shall be content to be counted no catholic man, or a heretic, as you please." Story :-" Have we Scripture, Scripture?" and with that he rose up, saying, (1) Philpot having public leave spake in the convocation. Ergo, he must be committed to Lollards' Tower, by Dr. Story's logic. (2) Now cometh in the butcher's axe. "Who shall be judge, I pray you? This man is like his fellow Woodman, Mary. which the other day would have nothing else but Scripture." And this is the beginning of this tragedy. The second Examination of Master Philpot before the Queen's Commissioners, Master Cholmley, Roper, Dr. Story, Dr. Cook, and the Scribe, the 24th of October, 1555, at Newgate Sessions'-Hall. At my coming, a man of Aldgate of mine acquaintance said unto me, "" God have mercy on you, for you are already condemned in this world; for Dr. Story said, that my lord chancellor had commanded to do you away." After a little consultation had between them, master Cholmley called me unto him, saying: Cholmley: :-"Master Philpot, show yourself a wise man; and be not stubborn in your own opinion, but be conformable to the queen's proceedings, and live, and you shall be well assured of great favour and reputation.” Philpot: "I shall do as it becometh a christian man to do." Story:-"This man is the rankest heretic that hath been in all my lord chancellor's diocese, and hath done more hurt than any man else there and therefore his pleasure is, that he should have the law to proceed against him; and I have spoken with my lord herein, and he willeth him to be committed to the bishop of London, and there to recant, or else burn. He howled and wept in the convocation-house, and made such ado as never man did, as all the heretics do when they lack learning to answer. He shall go after his fellows. How sayest thou; wilt thou recant?" Philpot: :-"I know nothing I have done, that I ought to recant." Story:-"Well; then I pray you let us commit him to the Lollards' Tower, there to remain until he be further examined before the bishop of London; for he is too fine fed in the King's Bench, and he hath too much favour there for his keeper said at the door yesterday, that he was the finest fellow, and one of the best learned in England." And with this he rose up and went his way. Cook:-"This man hath most stoutly maintained heresies since the queen's coming in, as any that I have heard of; therefore it is most meet he should be adjudged by the bishop of London, for the heresies he hath maintained." Philpot: :-"1 have maintained no heresies." Cook:-"No have? Did you not openly speak against the sacrament of the altar in the convocation-house? Call you that no heresy? wilt thou recant that, or not?" Philpot :-"It was the queen's majesty's pleasure, that we should reason thereof, not by my seeking, but by other men's procuring, in the hearing of the council." Cook:-"Did the queen give you leave to be a heretic? you may be sure her grace will not so do. Well, we will not dispute the matter with you: my lord of London shall proceed by inquisition upon thee, and if thou wilt not recant, thou shalt be burned." Philpot :-" "My lord of London is not mine ordinary in this behalf, and I have already answered unto mine ordinary in this matter; and therefore (as I have said before) you shall do me great wrong, to vex me twice for one matter, since I have sustained this long imprisonment, besides the loss of my living." Roper :-" :-"You were a very unmeet man to be an archdeacon." Philpot :- "I know I was as meet a man as he that hath it now." Cook:-"A meet man, quoth he! he troubled master Roper and the whole country." Philpot:-"There was never poor archdeacon so handled at your hands as A. D. 1555 Philpot:-"I am archdeacon still, although another be in possession of my Philpot living; for I was never deprived by any law." deprived of his Cook:-"No sir; that needeth not: for a notorious heretic should have no archdeaordinary, proceeding about his deprivation; but the bishop may, upon know- conry ledge thereof, proceed to deprivation." Philpot :-"Master doctor, you know that the common law is otherwise; and besides this, the statutes of this realm be otherwise, which give this benefit without any law. Mary. A. D. 1555. Commanded to Lol lards' to every person, though he be a heretic, to enjoy his living until he be put to death for the same." Cholmley: :-"No, there thou art deceived." Philpot::-"Upon the living I pass not: but the unjust dealing grieveth me, that I should be thus troubled for my conscience, contrary to all law." Cholmley: Why, will not you agree that the queen's majesty may cause you to be examined of faith?" your Philpot:-"Ask you master doctor Cook, and he will tell you that the temporal magistrates have nothing to do with matters of faith, for determination thereof. And St. Ambrose saith, that the things of God are not subject to the power and authority of princes.' Cook:-" -"No? may not the temporal power commit you to be examined of your faith to the bishop?" Philpot :-"Yea, sir, I deny not that. But you will not grant that the same may examine any of their own authority." Cook :-"Let him be had away." Philpot:-" :-"Your mastership promised me the last time I was before you, I should see your commission by what authority you do call me, and whether I by the same be bound to answer to so much as you demand." Roper:-"Let him see the commission."3 Then the scribe exhibited it to master Roper, and was about to open the same. Cook:-"No, what will ye do? he shall not see it." Philpot :- "Then do you me wrong, to call me and vex me, not showing your authority in this behalf." Cook:-"If we do you wrong, complain on us; and in the mean while thou shalt lie in the Lollards' Tower." Philpot:-"Sir, I am a poor gentleman; therefore I trust of your gentleness you will not commit me to so vile and strait a place, being found no heinous trespasser." Cook:-"Thou art no gentleman." Philpot: :-"Yes, that I am." Cook:-"A heretic is no gentleman: for he is a gentleman that hath gentle conditions." Philpot:-" Story:-"What! will you suffer this heretic to prate with you all this day?" Story:-"A gentleman, quoth he? he is a vile heretic knave: for a heretic is no gentleman. Let the keeper of the Lollards' Tower come in, and have him away." The Keeper:-"Here, sir." Story:"Take this man with you to the Lollards' Tower, or else to the Bishop's coal-house." Philpot:-" :-"Sir, if I were a dog you could not appoint me a worse and more Tower by vile place: but I must be content with whatsoever injury you do offer me. Dr. Story. God give you a more merciful heart; you are very cruel upon one that hath never offended you. I pray you master Cholmley, show me some friendship, that I be not carried to so vile a place.' Cholmley And Cholmley called me aside, and said, “I am not skilful of their doings, talketh neither of their laws: I cannot tell what they mean. I would I could do you pot apart. good." with Phil Philpot::-"I am content to go whither you will have me. There was never man more cruelly handled than I am at your hands, that without any just cause known should thus be entreated." Story:-"Shall we suffer this heretic thus to reprove us? Have him hence." Philpot:-"God forgive you, and give you more merciful hearts, and show you more mercy in the time of need: Do quickly that you have in hand.'" (1) That is, whether a heretic suspected, may, without ordinary process, be deprived of his living by his ordinary before his death, and by what law. (2) Divina imperatoriæ majestati non sunt subjecta." [Epist. lib. 5. 33.] (3) Philpot again requireth to see their commission, and yet it could not be seen, and that also against the law. (4) "Et quod facis, fac citius." [Latin Vulg. Joan. 13. 28.] |