After this [about October 1st, 1674] my wife went to London, and spoke to the King, laying before him my long and unjust imprisonment, with the manner of my being taken, and the justices' proceedings against me, in tendering me the oath as a snare, whereby they had præmunired me; so that I being now his prisoner, it was in his power, and at his pleasure, to release me, which she desired.
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."