COMMONS by fresh Petitions And in the mean time he hath prepared these Prints to pre-admonish the World And that Just Men may know that James Percy is the true and lawful Heir and of right ought to enjoy the Earldom of Northumberland and that the Estate must attend the Title But cruel Oppression still keeps Possession which forces the Claymant to cry out aloud again again and again for Justice and that Property and Right may be preserved For if his Innocent and Just Cause should be now neglected your Children and Children's Children may be Rejected another Day I pray God to direct our King Parliament and People that they may fore see Things so as to preserve the Cood and prevent the Evils to come AMEN To the Honorable The KNIGHTS CITIZENS BVRGESSES Of The House of Commons IN PARLIAMENT Assembled The Humble Petition of James Percy Esq Sheweth THat it is now almost Nine Years since he put in his Claym as Descended of the house of Northumberland and next Cozen and Heir-Male to Joscelin late Earl of Northumberland All which time he hath Vigorously and Industriously pursued his Right though against so great and unequal Force and Opposition that he hath not been able to prevail And therefore humbly prayes Leave to bring the State of his Case and the Narrative of his Proceedings before this Honorable House Imploring their Assistance to Appear Mediate and Interpose for his Relief And your Petitioner shall Pray c. A NARRATIVE OF THE PROCEEDINGS OF THE PETITIONER Since His Petitions were Dismissed by the Right Honorable the House of LORDS and his Case left to the Law IN Trinity-Term 1674. the Petitioner brought an Action in the King 's Bench against John Clarke Esquire for Scandal and Defamation he had thrown upon your Petitioner Where upon Hearing some of his Witnesses did not appear Nevertheless your Petitioner went so far on with the Proof of his Pedigree and Lineal Discent from the Earls of Northumberland that the Lord Chief Justice Hales said in open Court That the Plaintiff meaning your Petitioner had proved himself a True Percy of the Blood and Family of the Percies of Northumberland legitimate by Father and Mother Grand-Father and Grand-Mother and that he did verily believe your Petitioner was Cousin and next Heir Male of Josceline Percy late Earl of Northumberland But was afraid he had taken his Discent a little too Low and willed him to come better Prepared next Tryal Whereupon your Petitioner suffered a Non-suit A * * 1. The Reason of the Mistake in the First Pedigree was that the Herald-Stainer left out Sr. Ingleram Percy the Great Grand-Father 2. Searching in another Herald-Stayner's Book that had been lent out the said Book was returned the Leaf where the Matches of the Percies Family were set down according to the Alphabet being torn out 3. Therefore his Counsel did advise to fix the Pedigree upon Sir Richard Percy and if he was found the Wrong it would be the means to find out the Right as it did effect at last Mistake I hope all will Pardon to one under those Disadvantages the Claimant was who was forced to Abscond in England for his Loyalty and Travel for some Years and had not an Opportunity to aquaint himself with the Family of Northumberland so as to be informed of his Pedigree The Truth is When he came into England to Claim his Honor and Estate though he knew it was his Right yet it was hard for him to prove his Great Grand-Father as it would be for most perhaps that Condemn him 2 2 Searching in another Herald-Stayner's Book that had been lent out the said Book was returned the Leaf where the Matches of the Percies Family were set down according to the Alphabet being torn out when a Family is so Dispersed and the Pedigree of the Younger Sons neglected by the Herald Upon a Second Action brought iâ—â—â—e Court of the King 's Bench against Sir John Copleston Trustee fo◠〈◊〉 Lady Clifford Sir John sheltred himself under the Priviledge so long as he could When he was forced to a Tryal your Petitioner proved himself Cousin and next Heir-Male of the said Josceline Percy late Earl of Northumberland as followeth For the Claimant James Percy was the Son of Henry Percy Grand-Son of Henry Percy Esquire Great Grand-Son of Sir Ingleram Percy Great great Grand-Son of Henry Percy Fifth Earl of Northumberland So as the Court willed him to proceed to the Title of the Lands Unto which his Counsel replyed That the Lands must attend the Title That the Deeds Evidences Books of Entries and the Records of the Estate were in the Possession of the Defendants So that at present they were not prepared nor instructed to proceed further than the Legitimation and Lineal Discent of your Petitioner 3 3 Therefore his Counsel did advise to fix the Pedigree upon Sir Richard Percy and if he was found the Wrong it would be the means to find out the Right as it did effect at last from the Noble Family of the Earls of Northumberland That upon the Thirteenth of June 1676. your Petitioner brought his Action in Guild-Hall London against John Blackeston Esquire for Scandal and Defamation But the Defendant moved the Court of King's Bench that the Action might be removed and brought into that Court And that a Tryal might be there had which was ordered accordingly And the Seventh of May they appointed to Hear the Cause The Petitioner humbly submitted to the Pleasure of the Court. And your Petitioner and the Defendant having some few Weeks before the said Time of the Tryal by Consent attended the Master of the Office and settled a Jury Your Petitioner prepared for a Tryal and brought up from many and some very remote Parts of the Kingdom Sixty-five Witnesses all in Court whose Travels to and fro upon Calculation amounted to above Four Thousand Miles and had Fourteen Learned Councels at the Bar The Charges of all amounting to about Four Hundred Pound And thus prepared brought on the Cause to a Hearing the Day appointed When imediately the Defendant's Counsel insisted upon the Priviledge of the Countess Dowager of Northumberland in Protecting her Servants and Agents The said John Blackeston being Steward of her Courts and pretended Receiver of her Rents and that he was upon the said Imployment Whereupon all your Petitioner's Counsels refused to Plead although the Court would have Heard them and proceeded to Tryal of the Cause But the Councel replyed They had no mind to go to the Tower some of them having been there before And thus the Tryal was put off Whereupon Mr. Justice Wilde hearing these Things stood up and said in open Court Fye fye Gentlemen Is this a Time to insist upon Priviledges when you forced the Plaintiff to a Tryal and have put him to so great Expence Travel and Labor You do but cast Cold Water upon your Cause It is not the first time this Cause hath been before
who dyed young 3. William 4. Sir Charles Percy Knight 5. Sir Richard Percy Knight 6. Sir Alan Percy Knight 7. Sir Josceline Percy Knight 8. George Percy Esq Henry Lord Percy 9th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan and in his Mothers right Lord Latimer He was Knight of the most Noble Order of the Garter by Qu. Elizabeth in the Year of our Lord 1593. Who marryed Dorothy Daughter of Walter Devereux Earl of Essex by whom he had Issue 1. Algernon the 10th Earl 2. Lord Henry who dyed without Issue Algernon the 10th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne Bryan and Latimer Knight of the most Noble Order of the Garter Lord Admiral of England and General over His Majesties Forces for his Expedition 1640. and one of His Majesties most Honourable Privy Council He marryed Two Wives by the former he had 4 Daughters and by the latter Wife 1 Son viz. Josceline Josceline the 11th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne Bryan and Latimer Deceased Who married Elizabeth Daughter to the Earl of Southampton by whom he had Issue 1. Henry who dyed young 2. Elizabeth who marry'd the Lord Ogle Heirs Males Extinct The Collateral Line Sir Ingelram Percy the 3d. and youngest Son of Henry Percy the 5th Earl of Northumberland who married and had Sons and Daughters as by the Oath of Mr. Henry Champion who kept the Percies Books and Records where he found what he testify'd upon Oath at the Tryal between Vtting Plaintiff and Coppleston Defendant He had Issue 1. Henry Percy 2. Robert Percy and 2 Daughters About 1559. these 4 Children were in the time of Troubles in Queen Elizabeths Days sent out of the North in Hampers to old Dame Vaux at Haraden in Northamptonshire and there were brought up preserved and provided for Therefore it is concluded by all that Sir Ingelram's Lady the Mother of those Children must be related to Dame Vaux's Family The Countess Dowager of Dorset Pembrook and Mountgomery said That if the Claimant James Percy were her Kinsman he must be descended of those Children that were sent into the South in Hampers Note There were but few Coaches in those days Margaret that married the first Earl of Cumberland whom the Countess of Dorset descended from was Sir Ingelram Percie 's own Sister And while the Claymant was with this Lady enquiring and delivering Declarations in Ejectment the Estate was all-begg'd as his printed Book makes appear more at large That which wildernized the Claymant was the rending the matchings of the Percies out of the Herald's Book and likewise the Herald-painter left Sir Ingelram quite out of the first Pedegree Henry the eldest Son of Sir Ingelram marryed the Daughter of one Tibott by whom he had Issue 1. James Percy who dyed about the year 1654. in Ireland without Issue-male 2. William who died young 3. Henry And 3 Daughters Henry Percy married Lidea the Daughter of Mr. Robert Cope of Horton in Northamptonshire by whom he had Issue 1. Henry who dyed young 2. James 3. Henry who dyed young 1 Daughter named Elizabeth James the now Claymant born 1619. of Henry and Lidea his Wife who was 2d Son of Henry who was first Son of Sir Ingelram who was 3d. Son of Henry 5th Earl of Northumberland who was great great Grandfather of the Claymant James Percy who married Sarah the Daughter of John Sayer of Norwich Gent. by whom he hath Issue 1. Anthony Percy married and hath a Son viz. Henry 2. Henry 3. John UPon a tripartine Exchange the Countries from Trent Sir W. Churchil's History fel. 257. to the North-ward was the Lot of the Percies in Memory whereof the same being in the Georgraphical Form of an Malf-moon Crescent for their Cognizance A short Abstract of the fore-going Narrative co-temporizing down from Henry the 5th Earl of Northumberland who had as before the following Issue 6th Earl of Northumberland Henry eldest Son who dyed without Issue Thomas second Son had two Sons both Earls 7th and 8th Earls Thomas and Henry first Cousins unto 9th Earl Henry and his Bretheren second Cousins unto 10th Earl Algernon and his Brother third Cousins unto 11th Earl Joscelin fourth Cousin unto The Lady Elizabeth Percy married to the Lord Ogle 5th Cousin unto Sir Ingelram Percy third Son had two Sons viz. Henry James Henry James Anthony Henry Henry John Robert This may satisfie all wise Men of the Truth of this Pedigree As for the Claymant James Percy he doth acknowledge the mistake of claiming under Sir Richard Percy who was born Anno 1573. And James Percy who was Unckle and Godfather to the Claymant was born 1581. So by this Account Sir Richard must have been a Grandfather at 8 years of Age. This is an impossible thing indeed But here lies the Mystery and the very Truth of this matter and it was his Councels advice to fix upon a wrong party which said they would be the only way to find out the right party For the Matches of the Percies was rent out of the Heralds book and Sir Ingelram Percie 's Name was quite left out of the first Pedegree which wildernized the Claymant and the Councels too which forced the Claymants Councel to tell the Lords in Parliamant that the Cause did not lie before their Lordships but ought to be tryed before the inferiour Courts first and if the Law could not end it then it was to return and come before their Lordships again to debate and to determine Since which time it hath been found out by a Verdict at Law that James Percy is the Legitimate Son of Henry Percy and Lidia his Wife And upon Petitions as in the printed Book may appear The Kings Most Excellent Majesty hath graciously condescended that the Lords in Parliament shall determine the said Cause It is hoped that this just account will abate that mistake of Clayming under Sir Richard for the Lord Chief Justice Hayls said at the first Tryal That the Plaintiff had proved himself Legitimate by Father and Mother by Grandfather and Grandmother but had taken his Descent too Low he must go a step or two Higher And the Lord Chief Justice Rainsford said to the Jury at that Tryal against Wright for Scandal That the Plaintiff had proved himself Legitimate and therefore did not examine the third part of his Witnesses but said His Pedegree was fully proved at a Tryal before that Court. So that the Plaintiff ought to have had a Verdict then when Mr. Henry Champion's Oath did perfect and fix'd the Pedegree as before-declared And the Lord Chief Justice Scroggs at the last Tryal against Blaickstone for Scandal and the whole Court did own the Pedegree of the Plaintiff only said The Declaration was nought When in Truth it was debated and allowed at the first part of the
Tryal which is good Cause of Error As the Claymant hath laboured to find out the Truth even so he doth most humbly pray That all Wise Learned and Conscientious men may take Courage like the Lord Chief Justice Hayls and his Brethren and strictly inquire into the very bottom of the matter and to set aside all mistakes and set up Truth and maintain and speak cordially to and for Justice this being the only way to clear the Innocent and put a stop to Oppression And the Relieved as in Duty bound shall ever pray for his Majesties long Life and the Prosperity of Him His Realms and Kingdoms The above Claymant had two Petitions read in Council 21 July 1680. and rejected It seems it was objected that the Man whom the Claymant claimed under must be a Grandfather at eight years old It is hoped the account aforesaid will justly satisfie and procure a right understanding at the second hearing before the Lords in Parliament And there being no president as the Claymant is informed that the Orders of this House do perpetually bar where the party hath not been fully heard For Henry 5th Earl had Sir Ingelram who had Henry and he had Henry who had James the Claymant This Truth is as clear as the Sun at Noon-day and blows over the misty mistake of Claiming nnder Sir Richard Percy It was the putting down of the Court of Wards and setting up of Priviledges on all sides against the true Heir-male and the general neglect of the Heralds in the Collateral Line and the treacherous Actings of his Solicitor did obstruct and delay all this time Moreover the Lord Ogle that married the Lady Elizabeth Percy hath endeavoured to change his Name from Cavendish to Percy and also to have obtained an Act of Parliament to settle and confirm upon him the aforesaid Lord Ogle all those Lands which are annexed to the Title and Earldom of Northumberland which Lands formerly were firmly settled upon the Heir-males of the Percies for ever See the Records and the Verdict exemplified and pray a stop may be put to the Lord Ogle's Act of Parliament by reason the Lands are begg'd bought sold and scattered The undoubted Right and next Heir-male of the Percies in Bloud and so proved at Law and therefore he most humbly and earnestly prays That an Act of Parliament may be had to restore him to his Birth-right Title Estate Preheminence Priviledges Place and Seat of his Ancestors As it hath been done heretofore to several of the Percies the Earl of Kent and others This being the 11th Year of the Claim of JAMES PERCY Who humbly Beggs Prays and Cries for speedy Justice To the Kings Most Excellent Majesty The Humble Petition of JAMES PERCY Son of Henry Percy Grand-Son of Henry Percy Great Grand-son of Sir Ingleram Percy Great great Grandson of Henry Percy Fifth Earl and Couzen and next Heir-Male to Jocelin Percy the late and Eleventh Earl of NORTHUMBERLAND Deceased SHEWETH THat Your Petitioner hath near upon Ten Years prosecuted his Birth-right and still continues his Claim to the Title Honours Manors Lands Preheminencies and Priviledges that the Rights belonging to the Heirs-male of the Percies Family as they are annexed to the Earldom of Northumberland That upon the first Address Your Petitioner humbly made to your Majesty in order to obtain his Right Your Majesty was Graciously pleased to return for Answer God forbid Your Majesty should hinder an Heir but that He should have the Benefit of the Law That upon his Application to the House of Lords after some short pleadings his Councel moved thar the Cause might be left to the Law for his Legitimation that he might more Regularly come before their Lordships which was accordingly done That he hath pursuant to their Lordships order obtained a Verdict exemplified under the Seal of your Majesties Court of Kings-Bench That He is truly and legitimately descended of the Blood and Family of the Percies of Northumberland That upon Your Petitioners Humble Application by way of Petition to Your Mamesty praying your Royal Writ of Summons to call Your Petitioner to Sit in the House of Lords Your Majesties Gracious Answer was That You thought it not Convenient until the Petitioners Cause was Determined by the Lords That the Parliament being by your Majesties Royal Prerogative again Prorogued it much encourageth your Petitioners Opponents and weakens your Petitioner in his Dependencies having been Published in the Gazet formerly for an Impostor whereupon by the contrivance of his Solicitor the Lands were begg'd in the Name of the Duke of Monmouth and others That during the time Your Petitioner was prosecuting his Right at Law the potent Defendants put him off so long by Priviledge of Parliament till George Fitz-Roy was Created Earl of Northumberland And now it is divulged in Print that the Lord Ogle hath changed his Name from Cavendish to Percy All which forces your Petitioner to flie to Your Sacred Majesty for Relief Protection and Justice That it is the Opinion of your Petitioners Councel That your Majesty of your own Princely Prerogative without any Declaration of the Lords may Restore your Petitioner to his Birth-Right Title Honors and Estate that depends thereon Your Petitioner therefore most humbly prays your Majesty in whom solely lies the Creation and preservation of Honour and Nobility to Declare your Royal pleasure for his Ascending the Sphere and Dignity of his Ancestors Or to graut unto your Petitioner that hath groaned under Ten Years Oppression without decision of his Claim such Yearly Pension as may support him until his Cause come to a final Determination And Your Petitioner shall Pray c. JAMES PERCY THis Petition was presented into your Majesties Sacred Hand the 18. of December 1679. and Sir William Glascow Master in waiting order'd the Petitioner to call for an Answer the 22th Instant which the Petitioner accordingly did but then found no opportunity to speak with him The Petitioner attended the 23. instant and then Sir William returned this Answer by his Maid-Servant That he was buisie with some Friends and that the King would hear nothing until after Christmas-Eolidays That the Petitioner went to the Secretaries Office to get this following Advertisement to be entred into the Gazet but it would not be allowed which did much dissatisfie your Majesties Loyal Subject to think that the True Heir looking after his Birth-right should be put into the Gazet for an Impostor when as he hath proved himself at the Court of Kings Bench by Twelve honest Jury-men to be the true Percy and the only Heir-male to the House of Northumberland It is very sad when a lost Dog shall find Entrance into the Gazet and a Just Man be kept out The Advertisement refused is as follows Advertisement WHereas the Lord Ogle is published in print to have changed his Name from Cavendish to Percy upon his Marriage with the Lady Elizabeth Percy James Percy Esq the true Heir-Male of the Blood of the House
this Court When Mr. Blackeston was asked Whether he went to London to look after Percy 's Tryal he said It concerns me not for the Countess of Northumberland is to bear me Harmless Upon the Fourteenth of May 1678. there was a Tryal had at the King 's Bench-Bar Westminster for Scandalizing the Petitioner's Right and Title where-on a Verdict was given for Three Hundred Pound Dammages to the Petitioner and Judgment obtained thereon As by the said Judgment exemplifyed under the Seal of the Court appears Lastly That your Petitioner hath been all a-long perplexed and troubled by many Suits at Law unjustly Commenced against him by the Agents of the Defendants or some of them on purpose to Tire him out and Ruin him by Chargeable Defences For it is now almost Eight Years since he began his Claim And therefore Humbly prayes this most High and Honourable Court to open some way for the Hearing and Determination of this his Just Claim as it shall in your Mature Wisdoms seem meet and convenient for the Preserving Property and Right This further Complaint since the Late PARLIAMENT was Prorogued and Dissolved Percy is Plaintiff Blackeston the Defendant In Banco Regis Mich. Term. MR. Blackeston being Steward to the Lady Elizabeth Percy and the Countess Dowager of Northumberland being her Guardian the said Blackeston stood upon the Countesses Priviledge until upon another Occasion the Duke of Monmouth by an Order of the House of LORDS took off the Countesses Priviledges as to the Guardian-ship Then Mr. Blackeston sheltered himself under the Earl of Essexes Priviledge until the Plaintiff put his Petition into the House of LORDS that Mr. Blackeston might not be Priviledged by the said Earl Upon which the Earl agreed with the Plaintiff's Counsel That if the Ninety Pound Costs that was unpaid upon the Non-suit between Percy Plaintiff and Clarke Defendant were paid that then Mr. Blackeston should not stand upon Priviledge but go to a Tryal which he accordingly did in his Majestie 's Court of King's Bench. Before which time in the said Term the Plaintiff's Councel informed the Court what the Earl had agreed unto Then the Lord Chief Justice stood up and said to the Plaintiff That the Earl of Essex did promise upon his Honor to set aside his Priviledge and that the Plaintiff should have a Tryal against Mr. Blackeston this Term if the Plaintiff paid Mr. Clarke's Costs first And we do promise the Plaintiff shall have a fair Tryal The Plaintiff thereupon paid the said Ninety Pound Costs into the Court accordingly Monday the Eleventh of November the Plaintiff brought on his Tryal The Declaration being read Counsellor Scroggs opened the Cause and upon a Word in the Declaration there was some Debate But it was waved the Declaration allowed and the Scandalous VVords in the Declaration proved Mr. Atturney General moved that the VVitnesses might be heard to prove the Pedigree upward it being the better way to Satisfy the Court and to Inform the Jury And withal said That his Clyant had no better way to prove his Pedigree but by his Action of Slander For he hath delivered Declarations in Ejectment in several Countries and the Lands are all in great Persons Hands which still delay him by Priviledges Then was the Pedigrees delivered to the Judges But the Lord Chief Justice said What need we trouble the Court to Examine all these Witnesses if there be no Lands Therefore let us see first what Lands there are to make good the Declaration The Plaintiff produced Records out of the Tower and other Places which made out That the Lady Lucies Lands in Cumberland and other Countries were settled upon the Heirs-Males of the Percies for ever upon the Payment of Three Hundred Pound to the KING c. and Quartering the said Lucies Coat of Arms with the Percies Here the Defendant's Counsel started up an Attainder which the Plaintiff's Counsel was not ready to Answer the Plaintiff's Sollicitor having made no Provision against the said Attainder being confident that Attainder could not Hurt nor Prejudice the Tryal And this caused the Jury to be with-drawn The Jury appeared three several Times in this Cause which was occasioned by the Delayes and Priviledges which the Defendant sheltred himself under The Plaintiff payd all the Jury and the Ninety Pound was to be continued in Court till there had been a Fair Tryal But upon a Motion of the Defendant's Counsel there was a Peremptory Rule granted to take the Mony out of Court which was accordingly paid to the Defendant The Second Part of the Tryal should have been had in Michaelmass-Term 1678. while the Witnesses were in Town But the Tryal of Mr. Stayley prevented it So that the Plaintiff's Tryal was put off till Hillary-Term following viz. 27th January 1678. The Defendant's Counsel moved the Court the first Day of Hillary-Term for a New Jury and a longer Time pretending they had but Seven dayes Notice When in Truth the Defendant's Atturney had a Months Notice by the Plaintiff and Twelve dayes Notice by the Plaintiff's Atturneys Clark Upon which the Court gave a Rule for Seven dayes longer and for a New Jury which was Appointed accordingly Then the Defendant's Counsel afterwards moved the Court for a longer Day by reason that their Writings were mis-placed by the Fire in the Temple which further Day was granted till Thursday the Sixth of February and no Costs considered to the Plaintiff for keeping his Witnesses in Town all that Time notwithstanding the Plaintiff's Counsel moved for Costs Note The Lord Chief Justice Hales in the Case of Percy Plaintiff and Clarke Defendant The Defendant's Counsel moved the Court for Seven Dayes time pretending they were not Prepared And the Rule of Court was to pay Thirty-Five Pound to the Plaintiff to maintain his Witnesses in Town for that time which was paid Now on the Sixth of February 1678. the Tryal came on again The New Jury did appear the Declaration was read and Councellor Scroggs opened the Cause as he did before And one of the Witnesses was called to prove the Words And when he appeared the Court acknowledged he had proved the VVords sufficiently before And the Defendant's Counsel made no Objection against the Declaration So the Tryal was to go on where it broake off The Records of the Patents in Queen Maries time one for the Barony and the other for the Earldom produced And he that was the Clark that Examined them appeared but was not suffered to prove them upon Oath Note The afore-said Clark of the Rolls not appearing upon the last Tryal was the Cause of with-drawing the Jury Then when the Court saw the Plaintiff was ready to Answer to their Objections declared That the Plaintiff was Descended Paramount the Attainders And did own the Attaint could not hurt the Plaintiff Then Mr. Atturney General moved as at the first Part of the Tryal That the VVitnesses might be Examined to prove the Pedigree VVhereupon the Defendant's Counsel started up an Act
of Right belong And therefore prays his Bill may be be made an Act to settle the Title and Estate together again that Property and Right may be had according to Justice That at his first coming to Claim your Petitioner petitioned the Kings most Excellent Majesty who was graciously pleased to say God forbid We should hinder an Heir but that he should have the benefit of the Law That your Petitioner applyed himself to the Lords in Parliament where he then could not prove his Great Grandfather which forc'd his Councel to tell their Lordships That the Claimants Cause lay not before them but ought to be Tryed at the Common Law first and when the Cause had went through the Inferiour Courts to prove his Pedigree and if the Law could not end it then the Cause ought to come before their Lordships again to Hear Debate and to Determine And at that time his potent Adversaries did publish in the Gazette that your Petitioner was an Impostor and at their Courts did declare to all the Tenants that the Claimants name was not Percy but that he was a Bastard and that Henry Percy whom he declared was his Father they could prove was never Married Yet they have made all the Waste imaginable cutting down Woods pulling down Castles over-working of Lead-Mines and Coal-Mines and not only so but it cast the Petitioner out of Favour in the World that His most Excellent Majesty was pleased to give the Title one way and the Land several ways which hath not only multiplied Enemies but by their Power Policy and Priviledge hath put off your Petitioner near Eleven Years Therefore your Petitioner renders this following Account that his Just Cause may be known what hard usage he hath found at Law That the first Tryal was in the year 1674. against Mr. John Clerke the chief Agent for scandalous words who shelter'd under Priviledge a long time and before the Tryal they offer'd to Own him and to assist the Claimant James Percy with their Books Pedigree and Records but would not be bound to perform Then the Plaintiff perceived it to be a baffle for a longer delay and there were no good Faith in them then said the Plaintiff Currat Lex I will have the Tryal if it be but to wash the dirt off which the Gazette and your evil practices have thrown upon me And at the Tryal the Attorney would suffer a Non-suit without the consent of his Client at which the Lord Chief Justice Hales seemed not to be satisfied but stood up and said That James Percy the Claimant and Plaintiff had proved himself a true Percy legitimate by Father and Mother Grandfather and Grandmother and of the Bloud and Family of the Percies of Northumberland and did verily believe that the Plaintiff was Cozen and next Heir-Male to Joscelin the late and 11th Earl of Northumberland only he was afraid he had taken his Descent a little too low And the Jury at a Treat which Mr. Clerke the Defendant gave them said to Mr. Clerke You are beholden to Mr. Percy for suffering a Non-suit for truly we must have given a Verdict for the Plaintiff his Cause was proved so clear and the Damages was laid in the Declaration 10000 l. The second Tryal was upon an Ejectment for Cunnington and Rodoway Lands in Somersetshire which Lands of right fell to the Heirs-Males of the Percies after the Heirs-Males of the Rogers was extinct Doubtless it was by mis-information his Majesty was mistaken in his Gifts And at that Tryal the Pedigree was fully proved up to the Plaintiffs Great-Grandfather Sir Ingleram Percy youngest Son of Henry Percy 5 th Earl of Northumberland by the Oath of Mr. Henry Champion who was Steward to the Earls of Northumberland and declared at that Tryal that he found in the Books and Records of the Percies that Sir Ingleram Percy was married and had Sons and Daughters so that a Verdict ought to have been had for the Plaintiffs Pedigree at that Tryal also And Sir John Coppleston did not only shelter under Priviledge but when the Writs of Error were put into the House of Lords he then sued the Plaintiff in the Court of Kings-Bench and got Cost and broke the Priviledge of Parliament The third Tryal was against one Mr. Wright for the like scandalous words where your Petitioner proved his Legitimacy again and not the Tythe of his Witnesses were examined for the Lord Chief Justice Rainsford stood up and said Gentlemen of the Jury we need not trouble the Court to examine more of the Plaintiffs Witnesses by reason his Pedigree was fully proved before at a former Tryal at the Bar of this Court And when the Jury brought in but 300 l. Damages the Lord Chief Justice was angry and told them they had undervalued the Plaintiffs Cause the Judgment exemplified under the Seal of the Court makes appear the same That the fourth Tryal against John Blakeston Esq who was likewise an Agent for the Lady Elizabeth Percy and kept her Courts and did declare the like scandalous words and gave it in all his Charges to the Jury and Tenants to take special notice thereof And at the Tryal on Monday the 11th of November 1678. the words were proved The Declaration was allowed after some debate upon a nice word which was amended But the Councel for the Defendant started up an Attainder in the Case which the Plaintiffs Councel was not prepared at that time to remove that Objection but the Tryal was put by at that time and the Jury was withdrawn as the Plaintiffs printed Book declares more at large But the second part of that Tryal was upon the 6th of February 1678. a new Jury upon the motion of the Defendants Councel did appear and the Plaintiffs Councel did clear that point concerning the Attainder by reason the Plaintiffs Councel made appear to the Court that James Percy was descended from the Body of Henry Percy 5 th Earl of Northumberland of Sir Ingleram Percy his youngest Son and that the Collateral Line was never Attainted and therefore ought to enjoy the Title and Estate of his Ancestors Earls of Northumberland Then the Defendants Councel and the Court did own the Plaintiffs Title and Pedigree but said there was no Lands to support the Title then the Plaintiff prayed that the Court would confirm what they owned by a Rule in Court whereupon the Lord Chief Justice Scrogs stood up and said Confirm or not confirm the Declaration is naught discharge Blakeston from the Suit of Percy notwithstanding the vast Charge the Plaintiff had been put to by the Defendants sheltering under the senior Countess of Northumberlands Priviledges And when the Duke of Monmouth had set aside her Priviledges then he shelter'd himself under the Lord of Essex his Priviledge And when the Plaintiff had made his complaint to the House of Lords the Lord of Essex did agree with the Plaintiffs Councel that if Mr. Clerk's Cost was laid down in Court for his security