An Account of the Proceed at the Sessions for the City of Westminster, against Thomas Whitfield, Scrivener; John Smallbones', Woodmonger; and William Laud, Painter; for Tearing a Petition prepared to be Presented to the King's Majesty, for the sitting of the Parliament. With an Account of the said Petition presented on the 13th. Instant, and His Majesty's Gracious Answer. IT being the undoubted Right of the Subjects of England, Vi●e the Resolutions of the Law, C●k. J●r●sdict o● Courts 79. Hoba. 1.220 Vel. Magna Chart. Ex 1. Spencer. 51. Vice he Proclama●●ons or K. Charles the First. and Warranted by the Law of the Land, and the general practice of all former times, in an humble manner to apply themselves to His Majesty, in the Absence of Parliaments, by Petition; for the Redress of their Grievances, and for the obtaining such things as they apprehend necessary or beneficial, to the safety and well-being of the Nation. And it being their Duty to which they are bound, by the express words of the Oath of Allegiance, * I Do Swear from my Heart, That I will bear Faith and true Allegiance, to His Majesty, His Heirs, and Successors and Him, and Them will Defend to the uttermost of my power against all Conspiracies and Attempts whatsoever, which shall be made against His or Their persons, their Crown and Dignity. And will do my best endeavour to disclose and make known unto His Majesty, His Heirs and Successors, all Treasons and Traitorous Conspiracies, which I shall know or have of to be against him or any of them. to represent to Him any danger which they apprehend Threatening his Royal Person or His Government; divers persons in and about the City of Westminster, considering the too apparent and unspeakable danger His Majesty and His Kingdoms are in, from the Hellish Plots and Villainous Conspiracies of the bloody Papists and their Adherents, and conceiving no sufficient (or at least so fit) remedy could be provided against it, but by the Parliament by whom alone several persons accused of these accursed designs can be brought to Trial, did prepare and sign a Petition, humbly representing to His Majesty, the eminent danger His Royal Person, the Protestant Religion, and the Government of this Nation were in; from that most damnable and Hellish Popish plot, branched forth into several the most Horrid Villainies: for which several of the principal Conspirators stand impeached by Parliament, and thereby humbly praying that the Parliament might Sat upon the 26th. of January, to try the Offenders, and to Redress the important Grievances not otherways to be Redressed, of which Thomas Whitfield, John Smallbones', and William Laud, inhabitants in Westminster, taking notice; upon the 20th. day of December last, they sent to Mr. William Horsley who had Signed and promoted the Petition, and in whose custody it was; to bring or send it to them, for that they desired to Sign it: and thereupon Mr. Horsesley attended them, and producing the Petition in which many persons had joined, he delivered it at their request to be by them Read and Signed, but Mr. Whitfield immediately tore it in pieces, and threw it towards the fire, and Smallbones' catching it up, said, that he would not take 10 s. for the names, and then they declared that they sent for it for that very purpose, and owned themselves all concerned in the design. Upon Mr. Horsley's complaint hereof to a Justice of the Peace, a Warrant was granted against them, and they being taken thereupon, after examination of the matter were bound to appear and answer it at the next quarter Sessions of the Peace for the City of Westminster, and upon Friday the 9th. of January instant the Sessions being holden, and there being present several Justices of the Peace that are eminent Lawyers, the matter was brought before them, and the Grand Jury Indicted the said Whitfield, Smallbones, and Laud as followeth, (viz.) The City, Burrough and Town of Westminster in the County of Middlesex. THE Jurors for our Sovereign Lord the King upon their Oath do present, that whereas the Subjects and Liege People of the Kings and Queens of this Realm of England, by the Laws and Customs of the Realm, have used and been accustomed to represent their Public Grievances by Petition or by any other submissive way; And that the 20th. day of December in the One and Thirtieth Year of the Reign of our Sovereign Lord Charles the Second, by the Grace of God, of England, Scotland, France and Ireland King, Defender of the Faith, etc. at the Parish of St. Martin's in the Fields, within the Liberty of the Dean and Chapter of the Collegiate Church of St. Peter, of the City Burrough and Town of Westminster in the County of Middlesex; a Petition written in paper, was prepared and Subscribed with the hands of divers the said Kings Subjects and Liege People, (to the Jury unknown) and to our said Sovereign Lord King Charles the Second Directed, and to our said Sovereign Lord the King to be Presented and Delivered; by which Petition it was shown, that whereas there had been and was a most damnable Plot against the Royal Person of our said Sovereign Lord the King, the Protestant Religion, and well Established Government of this Realm, for which Plot several of the Principal Conspirators were impeached by Parliament, and whereby it was humbly prayed that the Parliament which was prorogued to the 26th. day of January next ensuing in the said Year, might then sit to Try the Offenders, and to redress the pressing Grievances not otherwise to be Redressed. And that Thomas Whitfield late of the said Parish of St. Martin's in the Fields in the Liberty aforesaid and the County aforesaid, Yeoman, John Smallbones' late of the said Parish, within the Liberty aforesaid in the County aforesaid, Woodmonger, and William Laud late of the Parish aforesaid in the County aforesaid, Yeoman; being persons ill-affected and Contriving, Devising and Intending as much as in them lay, to hinder the sitting of the said Parlidment as was prayed by the said Petition, and also to hinder the Trial of the said Offenders, and Redressing the said Grivances, the said 20 th'. day of December in the said One and Thirtieth Year of the Reign of our said Sovereign Lord the King, as Rioters and Disturbers of the Peace of our Sovereign Lord the King, for the Disturbing of the Peace of our said Sovereign Lord the King, with Force and Arms at the said Parish within the Liberty aforesaid in the County aforesaid, Unlawfully and Riotously did Assemble themselves and being so then and there Assembled, with Force and Arms then and there Unlawfullie Riotously and injuriously, the said Petition being delivered by one William Horsley to them the said Thomas Whitfield, John Smallbones' and William Laud at their Request, and for the subscribing their Names thereunto if they should think fit, did Tear in pieces in contempt of our said Sovereign Lord the King, and of his Laws, to the evil Example of all others in the like Cases Offending, and against the Peace of our said Sovereign Lord the King his Crown and Dignity. The Names of the Grand Jury that found the Bill, are these William Jacob Thomas Trevor Erasmus Browne Henry Dugley Richard Street John Henly John Weston Martin Frogg John Pierce Robert Pinke Nathaniel Wilkinson Edward Whitefoot John Gentle Thomas Harris William Fortune. Roger Higdon James Harrold Cornelius Rickfield ☞ George Wright, Apothecary ☞ Walter Wright ☞ Adam Langley. Upon Wednesday the 7th. of this instant January many Gentlemen and Eminent Citizens, who had been concerned for managing the Petition for the Sitting of the Parliament, upon the 26th. instant met together and agreed upon the method of finishing the same, and of nominating Fit persons for the presenting it to His Majesty, which being accordingly done; these Gentlemen following (viz.) Sir Gilbert Gerrard Baronet, Son in Law to the late Bishop of Durham. Francis Charlton Esq; John Ellis Esq; John Smith Esq; Johnson of Stepney Esq; Ellis Crispe Esq; Anthony Selby Esq; Henry Ashurst Esq; Tho. Smith Esq; Gentlemen of Good Worth and Estates, and several of whom have been eminent Sufferers for His Majesty, did this 13th. of January, attend His Majesty with it at Whitehall, when being introduced to His Royal presence. Sir Gilbert Gerrard kneeling, presented this Petition; To the Kings Most Excellent Majesty, the Humble Petition of Your Majesty's most dutiful and Loyal Subject's Inhabitants in and about the City of London, whose Names are hereunder subscribed, Sheweth, That whereas there has been and still is a most Damnable and Hellish Popish Plot branched forth into the most Horrid Villainies against Your Majesty's most Sacred Person, the Protestant Religion, and the well Established Government of this Your Realm, for which several of the principal Conspirators stand now impeached by Parliament. Therefore in such a time when Your Majesty's Royal person, as also the Protestant Religion and the Government of this Nation are thus in most eminent Danger. We Your Majesty's most Dutiful and Obedient Subjects, in the deepest sense of our Duty, and Allegiance to Your Majesty, Do most humbly and earnestly pray, That the Parliament which is prorogued until the 26th. day of January, may then sit, to Try the Offenders, and to redress all our most important Grievances, no otherwise to be redressed. And Your Petitioners shall ever pray for Your Majesty's long and prosperous Reign. And expressed himself to this effect, Sir, I have a Petition from many thousands of your Majesty's Dutiful and Loyal Subjects, in and about Your City of London, which I humbly present in their Names, and desire Your Majesty would be pleased to read it. To which His Majesty gave this Gracious answer, I know the substance of it already, I am Head of the Government, and will take care of it, and then received the Petition, it being a great Roll of above 100 Yards in length, and carried it away in His Hand.