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.

EDWARD NICHOLAS.’

For Sir Thomas Mallet, knight, one of the justices of the King’s Bench.

When this order was delivered to judge Mallet, he forthwith sent his warrant to the marshal of the King’s Bench, for G. Fox’s release: which warrant was thus:

‘By virtue of a warrant which this morning I have received from the right honourable sir Edward Nicholas, knight, one of his Majesty’s principal secretaries, for the releasing and setting at liberty of George Fox, late a prisoner in Lancaster jail, and from thence brought hither, by habeas corpus, and yesterday committed unto your custody; I do hereby require you accordingly to release, and set the said prisoner, George Fox, at liberty: for which this shall be your warrant and discharge. Given under my hand the 25th day of October, in the year of our Lord God, 1660.