The sheriff of Lancaster still refused to remove G. Fox, unless he
would become bound, and pay for the sealing of the writing, and the
charge of carrying him up. But this he would not. Then they consulting
how to convey him, it was at first proposed to send a party of
horse with him. But he told them, if he were such a man as they had
represented him to be, they had need to send a troop or two of horse to
guard him. But considering that this would be a great charge to them,
they concluded to send him up guarded only by the jailer, and some
bailiffs. On further consideration, they found that this also would be
very chargeable, and thereupon told him, if he would put in bail, that
he would be in London such a day of the term, he should have leave to
go up with some of his own friends. G. Fox told them, he would neither
put in any bail, nor give any money: but if they would let him go up
with one or two of his friends, he would go up, and be in London such
a day, if the Lord did permit. So at last, when they saw they could
not make him bow, the sheriff consented that he should go up with some
of his friends, without any other engagement than his word, to appear
before the judges at London such a day of the term, if the Lord did
permit. Whereupon they let him go out of prison, and after some stay,
he went with Richard Hubberthorn and Robert Withers, to London, whither
he came on a day that some of the judges of king Charles the First,
were hanged and quartered at Charing Cross: for now what E. Burrough
and others had plainly foretold, was fulfilling on them.
The next morning G. Fox, and those with him, went to judge Thomas
Mallet’s chamber, who then was putting on his red gown, to sit upon
some more of the king’s judges, and therefore he told him he might come
another time. G. Fox did so, being accompanied by ---- Marsh, esq.
one of the king’s bed-chamber. When he came to the judge’s chamber,
he found there also the lord chief justice Foster, and delivered to
them the charge that was against him: but when they read those words,
that he and his friends were embroiling the nation in blood, &c. they
struck their hands on the table: whereupon G. Fox told them, that he
was the man whom that charge was against; but that he was as innocent
of any such thing as a newborn child; that he brought it up himself,
and that some of his friends came up with him, without any guard. As
yet the judges had not minded G. Fox’s hat, but now seeing his hat
on, they said why did he stand with his hat on? He told them, he did
not stand in any contempt to them. Then they commanded one to take it
off; and having called for the marshal of the King’s Bench, they said
to him, ‘you must take this man and secure him, but you must let him
have a chamber, and not put him amongst the prisoners.’ But the marshal
said his house was so full, that he could not tell where to provide a
room for him, but amongst the prisoners. Judge Foster then said to G.
Fox, ‘Will you appear to-morrow about ten of the clock at the King’s
Bench Bar, in Westminster Hall?’ ‘Yes,’ said he, ‘if the Lord give me
strength.’ Hereupon the said judge said to the other judge, ‘If he say
yes, and promises it, ye may take his word.’
So he was dismissed for that time, and the next day appeared at the
King’s Bench Bar at the hour appointed, being accompanied by Richard
Hubberthorn, Robert Withers, and esquire Marsh, before-named. And being
brought into the middle of the court, he looked about and turning to
the people, said, ‘Peace be among you.’ Then the charge against him
was read, and coming to that part which said, that he and his friends
were embroiling the nation in blood, and raising a new war, and that
he was an enemy to the king, &c. those of the bench lifted up their
hands. He then stretching out his arms, said, ‘I am the man whom that
charge is against; but I am as innocent as a child concerning the
charge, and have never learned any war postures. Do you think, that
if I and my friends had been such men as the charge declares, that I
would have brought it up myself against myself? Or that I should have
been suffered to come up with only one or two of my friends with me?
For had I been such a man as this charge sets forth, I had need to
have been guarded up with a troop or two of horse: but the sheriff and
magistrates of Lancashire had thought fit to let me and my friends come
up by ourselves, almost two hundred miles, without any guard at all,
which we may be sure they would not have done, if they had looked upon
me to be such a man.’ Then the judge asked him, whether it should be
filed, or what he would do with it? And he answered, ‘Ye are judges,
and able, I hope, to judge in this matter: therefore do with it what ye
will.’ The judges said, they did not accuse him, for they had nothing
against him. Whereupon esquire Marsh stood up and told the judges, it
was the king’s pleasure, that G. Fox should be set at liberty, seeing
no accuser came against him. Then they asked him, whether he would
put it to the king and council? He answered, ‘Yes, with a good will.’
Thereupon they sent the sheriff’s return, which he made to the writ of
habeas corpus, to the king, and the return was thus:
‘By virtue of his Majesty’s writ to me directed, and hereunto
annexed, I certify, that before the receipt of the said writ,
George Fox, in the said writ mentioned, was committed to his
Majesty’s jail, at the castle of Lancaster, in my custody, by a
warrant from Henry Porter, esq. one of his Majesty’s justices
of the peace within the county palatine aforesaid, bearing date
the 5th of June now last past; for that he, the said George Fox,
was generally suspected to be a common disturber of the peace
of this nation, an enemy to our sovereign lord the king, and a
chief upholder of the Quakers’ sect; and that he, together with
others of his fanatic opinion, have of late endeavoured to make
insurrections, in these parts of the country, and to embroil
the whole kingdom in blood. And this is the cause of his taking
and detaining. Nevertheless, the body of the said George Fox I
have ready before Thomas Mallet, knight, one of his Majesty’s
justices, assigned to hold pleas before his said Majesty, at his
chamber in Serjeants-Inn, in Fleet Street, to do and receive
those things which his Majesty’s said justice shall determine
concerning him in this behalf, as by the aforesaid writ is
required.
GEORGE CHETHAM, _Esq. Sheriff_.’
The king upon perusal of this, and consideration of the whole matter,
being satisfied of G. Fox’s innocency, commanded his secretary to send
the following order to judge Mallet for his release:
‘It is his Majesty’s pleasure that you give order for the
releasing, and setting at full liberty, the person of George Fox,
late a prisoner in Lancaster jail, and commanded hither by an
habeas corpus. And this signification of his Majesty’s pleasure
shall be your sufficient warrant. Dated at Whitehall, the 24th of
October, 1660.