The King spoke kindly to her, and referred her to the Lord-Keeper; to
whom she went; but she could not obtain what she desired, for he said
the King could not release me otherwise than by a pardon, and I was
not free to receive a pardon, knowing I had not done evil. If I would
have been freed by a pardon, I need not have lain so long, for the
King was willing to give me pardon long before, and told Thomas Moore
that I need not scruple, being released by a pardon, for many a man
that was as innocent as a child had had a pardon granted him; yet I
could not consent to have one. For I would rather have lain in prison
all my days, than have come out in any way dishonourable to Truth;
therefore I chose to have the validity of my indictment tried before
the judges.
Thereupon, having first had the opinion of a counsellor upon it
(Thomas Corbet, of London, with whom Richard Davis, of Welchpool, was
well acquainted, and whom he recommended to me), an habeas corpus was
sent down to Worcester to bring me up once more to the King's Bench
bar, for the trial of the errors in my indictment. The under-sheriff
set forward with me the 4th of the Twelfth month.
We came to London on the 8th, and on the 11th I was brought before
the four judges at the King's Bench, where Counsellor Corbet pleaded
my cause. He started a new plea; for he told the judges that they
could not imprison any man upon a præmunire.
Chief-Justice Hale said, "Mr. Corbet, you should have come sooner, at
the beginning of the term, with this plea."
He answered, "We could not get a copy of the return and the
indictment."
The Judge replied, "You should have told us, and we would have forced
them to make a return sooner."
Then said Judge Wild, "Mr. Corbet, you go upon general terms; and if
it be as you say, we have committed many errors at the Old Bailey,
and in other courts."
Corbet was positive that by law they could not imprison upon a
præmunire.
The Judge said, "There is summons in the statute."
"Yes," said Corbet, "but summons is not imprisonment; for summons is
in order to a trial."
"Well," said the Judge, "we must have time to look in our books and
consult the statutes." So the hearing was put off till the next day.
The next day they chose rather to let this plea fall and begin with
the errors of the indictment; and when they came to be opened, they
were so many and gross that the judges were all of opinion that the
indictment was quashed and void, and that I ought to have my liberty.
There were that day several great men, lords and others, who had the
oaths of allegiance and supremacy tendered to them in open court,
just before my trial came on; and some of my adversaries moved the
judges that the oaths might be tendered again to me, telling them I
was a dangerous man to be at liberty.
Public-domain text, read in full here on John Shaqi.
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