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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	bring_v	plaintiff_n	1,503	5	10.5483	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35614	The case of James Percy, claymant to the Earldom of Northumberland with an impartial account of the proceedings he hath made in the several courts of justice in order to the proving and obtaining his right and title to the said Earldom : humbly addressed to the Kings Most Excellent Majesty, and the Right Honourable the Lords spiritual and temporal in Parliamnet [sic] assembled.	Percy, James, 1619-1690?; Grey of Ruthin, Charles Longueville, Baron, 1618-1643.	1685 (1685)	Wing C923; ESTC R219212	14,579	14

Tryal was over the Court of Kings-Bench risen and the Judge going to his Coach the late Earl of Shaftsbury meeting him at his Coach sayd thus to the Judge My Lord I hear Mr. Percyes Tryal was to day I pray What do you think of him To which the Lord Chief Justice Hales with much earnestness replied I verily believe he hath as much right to the Earldom of Northumberland as I have to this Coach and Horses which I have bought and paid for ☞ Note The Earl of Shaftsbury when he was Lord Chancellor of England was by Agreement with some of the Adversaries to have had Lands of the Percies to the value of 30000ll for what purpose let the prudent and unprejudiced judge After this the Claymant pursuant to Judge Hale's Intimation endeavoured to search higher for his Pedigree and for that purpose repaired to the Right Honorable and truely Noble and Vertuous the then Countess of Dorset Pembroke and Montgomery at Appleby-Castle at such time as Judge Wild and Judge Ellis in their Circuit Dined there when and where after a long discourse had between the said Countess and the Claymant touching his Claym to the Earldom of Northumberland and inquiry after his great Grandfather the Countess in the presence of Sir Thomas Stringer and Sir John Otway said thus to the Claymant If you be of Kin to me you must be Descended from those Children that were sent into the South in Hampers in the Troublesom times in Queen Flizabeth's Dayes which proved a happy intimation to the Claymant for thereby he at last arrived to the knowledge of his Great Grand Father as in the Pedigree Some short time after this the Claymant brought an Action in Ejectment in the Court of Kings-Bench for Cannington and Rodway in Somersetsh●re against Sir John Coppleston Trustee for the Lady Clifford against which Sir John sheltred himself under Priviledge for a considerable time but at length to wit In the Term as the Records will make appear this Tryal came on where the Claymant fully proved his Pedigree and that he was Cousin and next Heir-Male to Jocelin Percy late Earl of Northumberland and it is especially to be Noted That whereas at the first Hearing in Parliament the Adversaryes produced one Sir John Hanmer who deposed That Sir Richard Percy dyed in France Anno 1648. and was never Marryed but was Buried with Ribands and Gloves as a Batchellor Now at this Tryal with Sir John Coppleston the Claymant proved by Mr. Henry Champion who kept the Books and Records for Algernoon Tenth and Jocelin Eleventh Earls of Northumberland that he found in those Books and Records that Sir Ingelram Percy was Married and had Sons and Daughters And the Court then Declared That the Claymant had fully proved his Pedigree and Right of Claim and willed him to proceed to the Title of the Lands in question unto which the Claymants Councel replyed They had proved his Pedigree and Right and conceived the Lands must attend that and that they relying therein were not prepared nor Instructed to proceed further than to prove the Claymants Legal Lineal Descent Whereupon for want of certain Evidences and Records touching the same Lands then in the Defendants Custody a Non-suit was had against the Claymant and Seventy Pound Costs Awarded ☞ Note Upon payment of these Costs Sir John Coppleston Offered to the Claymant That if he would relinquish his Right to those Lands in Sommersetshire he should have some consideration for the same and further That he the said Sir John Coppleston would furnish the Claymant with such Writings as should enable him to recover above 5000. Per Annum good Lands The Claymant brought another Action of Scandal against one Mr. Wright another of the Adversaries Agents for the like Scandalous words with those spoken by Clark This Cause was tryed before the Lord Chief Justice Rainsford where the Claymant proved his Legitimacy and Pedigree by several Witnessess so fully and clearly and to that fullness and Satisfaction that before he had Examined half his Witnesses the Lord Chief Justice Rainsford stood up and said You Gentlemen of the Jury We need not trouble the Court further in Examining any more of the Plaintiffs Witnesses by reason his Pedigr●● hath been fully pooved before at a former Tryal at the Bar of this Court So a ●erdict passed for the Claymant But when the Jury brought in but Three Hundred Pounds Dammages the Lord Chief Justice was angry with them for not giing the Plaintiffe greater Dammages Note This Verdict and the Judgment there upon is Exemplified In June 1676. The Claymant brought another Action of Scandal in the Guild-Hall London against John Blackstone Esquire Agent for the Lady Elizabeth Percy who kept her Courts and had spoke the like scandalous words against the Claymant in delivering his Charge to the Juryes and Tennants That Blackston Removed the Cause into the Court of Kings Bench. May 7. 1677. Appointed by the Court for Tryal and the Master of the Office attended by both sides a Jury struck the Claymant prepared for Tryal brought up Sixty-Five Witnesses several of which came from the most remote parts of the Kingdom the Travel in Sommoning and bringing them to London above Four Thousand Miles The Charges thereof and in retaining and feeing fourteen Councels for the Tryal amounting to above Four Hundred Pounds At the day appointed the Claymant attended with his Counsel and Witnesses prepared for Tryal when the Defendants Counsel Insisted the Defendant was priviledged as Agent of the Countess-Dowager of Northumberland that he was Steward of her Courts and Receiver of her Rents and therefore if the Claymants Councel proceeded to the Tryal it should be at their Perils which so awed them that they refused to Plead declaring they had no mind to go to the Tower Some of them having been there upon the like occasion before And so the Tryal was put off at which the Court seemed much disatisfied and particularly Mr. Justice Wild stood up in open Court declaring his resentment of the Adversaryes practises in these words viz. Fye fye Gentlemen Is this a time to insist upon Priviledges when you forc't the Plaintiff to this Tryal and have put him to so great Expence Travel and Labour You do but cast cold Water upon your Cause It is not the first time this Cause hath been before this Court After this Blackeston sheltring himself under the late Earl of Essex's priviledge the Countess Dowagers being taken off by Order of the House of Lords upon another occasion the Clayment Petitioned the House of Lords to discharge Blakestons priviledge under the Earl whereupon an Agreement was made between the Earl and the Clayments Councel that the Clayment paying Ninety Pound Costs into Court then unpaid upon the Non-suit against Clarke Blakeston should not stand upon Priviledge but go forth-with to Tryal whereupon the Claymant paid the Ninety Pound Costs into Court there to remain until a fair Tryal had and the 11th

what h● testify'd upon Oath at the Tryal between Vtting Plaintiff and Coppleston Defendant He had Issue viz. 1. Henry Percy 2. Robert Percy and two Daughters About 1559. these four 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 Henry the eldest Son of Sir Ingelram Marryed the Daughter of one Tibbott 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 three Daughters Henry Percy Marryed Lydea 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 One Daughter named Elizabeth James the now Claymant born 1619. of Henry and Lydea his Wife who was 3d. 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 Sawyer of Norwich Gent. by whom he hath Issue 1. Anthony Percy Married and hath a Son viz. Henry 2. Henry 3. John In May 1670. Joscelin Percy late Earl of Northumberland departed this Life in parts beyond the Seas after whose death the Honours descended to the now Claymant ut per the Pedegree asoresaid October the 11th 1670. The Claymant Arrived in England to prosecute his Claime to the Earldom of Northumberland at which time it being given out that the Countess Dowager of the said 〈…〉 with Child the Claymant desisted untill the contrary was evident February the 3d. 1670. The Claymant entred in His Late Majesties Signet-Office at White-Hall hi● Clayme to the said Earldom as Cousin and next Heir-Male to Josceline and to the Title Stil● Honour and Dignity of Baron Percy and Earl of Northumberland Cum pertinent●● and to the Annual Rent or Fee of 20ll with which the said Honour and Dignity is endowed payable by the Sheriff of Northumberland out of the same County And at the same time entred there also his Cav●at that no Grant might be made thereof to any Person In the same Year 1670. The Claymant in Order to the Recovery of his Right applied himself to Sir Heneage Finch then Attorney General to His Late Majesty and desired him to sign the Claymants Quo Warranto In the same Year 1670. the Claymant humbly addressed himself by Petition to His 〈◊〉 Majesty for redress in that matter who was graciously pleased to send Sir John Birkenhead to the said Attorney General to demand of him from his Majesty why he did not sign the Claymants Quo Warranto who returned for answer That he could n●t do it as he was of Councel with the Defendant ●he Countess Dowager of Northumberland This Answer of the Attorney Generalls being signifyed to His Majesty he was pleased expresly to refer the Clymant to Sir Edward Walker and Sir John Birkenhead to inquire and search into the Claymants Pedigree for which purpose the Claymant attended them with his Councel Mr. Serjeant Brampston where the matter was debated and there then appearing some difficulty to find with certainty who was the Claymants Great Grandfather It was the joynt advise of Sir Edward Walker Sir John Birkenhead and Serjeant Brampston That the Claymant should at adventure Clayme under some one of the Family of the Percies and not delay his prosecution any longer they all then declaring to the Claymant that in case he pitcht upon a wrong Person to Clayme from yet it could not prejudice the Claymant for that on the contrary would be a means 〈◊〉 out the Right Person Pursuant to this Advice the Claymant took his descent from Sir Richard Percy as his Great Grandfather and the matter thereon coming to be heard before the Lords in Parliament Sir Richard Percy appeared to be too young to be the Claymants Great Grandfather Serjeant Pemberton then of Counsel with the Claymant Informed their Lordships of the Reason and Advice aforesaid of the Claymants fixing upon Sir Richard Percy as his Great Grandfather and that notwithstanding the mistake yet the same could not nor ought really to prejudice the Claymant as to any definitive Sentence to be passed thereon by their Lordships against the Claymant For that the matter of the Claymants Right and Claim ought first to be Tryed in the Inferiour Courts and in case the Truth of the matter could not be found out and determined at Law then and not before it was proper for their Lordships Judgment and Determination with which their Lordships were satisfied Upon this the Claymants Adversaries procured to be Published in the Gazets That the Claymant was an Impostor and at their Courts declared to the Tennants That his Name was not Percy but that he was a Bastard and that they could prove that Henry Percy who he declared was his Father was never marryed the Consequence of which evil and unheard of practices Was 1st Rendring the Claymant Odious to the World And 2ly Through the foul practice of the Claymants Sollicitor there was a misinformation given unto His Late Gracious Majesty of ever Blessed Memory who thereupon gave the Title and Land away which multiplied not only Enemies but Power against the Claymants Just demands In Order to the removing these Obstacles convincing the World of the Malice of his Adversaries and clear himself of these vile Imputations to assert his undoubted Right to the Honours and Earldom of Northumberland the Claymant brought his Action of Scandal against Mr. John Clerk one of the Adversaries principal Agents In 1674. The Cause came to Tryal Clerk having for a long time before sheltred himself under Priviledges of Parliament where notwithstanding the Claymant prov'd himself Legitimate by Father Mother Grandfather and Grandmother yet the Claymants Attorney with colusion and without the Claymants consent suffered a Non-Suite upon which the Lord Chief Justice Hale stood up and declared his dissatisfaction thereat saying in open Court That the Claymant had fully proved himself a true Percy by Father Mother Grandfather and Grandmother and of the Blood and Family of the Percyes of Northumberland and that he did verily believe the Claymant was Cousin and next Heir Male to Josceline Percy late Earl of Northumberland only he was afraid he had taken his Descent a little too low Nay the Jury then Impanneld and sworn upon the Tryal after the Tryal had a Treat given them by the Adversaries declared thus to Clark the Defendant in the Suit Sir You are beholding to the Claymant James Percy for suffering a Non-Suit for truly otherwise we must have given a Verdict against you for him his Pedigree was proved so clear Note The Damages in this Action was laid at 10000ll Note Immediately after this

not answering whereupon four several Attachments issued against him directed to the Coroner of the County of Northumberland but before any Obedience would be given thereunto or Execution procured thereon the Claymant Plaintiff in the Cause was necessitated to be at the extraordinary Expence of sending Persons on purpose from London into Northumberland to procure the same to be Executed Note These Delayes spent all Trinity Michaelmas and Hillary-Terms 1682. and Easter-Term 1683. Trinity-Term 1683. The Coroner returns Cepi Corpus but neither brings in the Body nor Assignes the Bail-Bond and is therefore amerced Five pounds Michaelmas-Term 13 November 1683. The Plaintiff moves and obtains an Order for a further Americiament of Ten pounds against the Coroner and liberty for the Plaintiff to Examine his Witness de bene esse November the 20. 1683. Upon another Motion a further Amerciament of Twenty pounds November the 27. 1683. Upon another Motion a further Amerciament of Forty pounds Hillary-Term 1683. January 25. Upon another Motion a further Amerciament of One Hundred pounds and then Ordered that the former Amerciaments should be forthwith Estreated and Levyed February 12. 1683. Upon another Motion a further Amerciamen● of Fifty pounds and to be forthwith Estreated Easter-Term 1684. April 16. Upon another Motion and Information o● these Matters and that no Obedience was given by the Coroner It was Ordered That the Comptrollor of the Pipe should forthwith Issue special process to the Sheriff of Northumberland for Levying those Amerciaments and that the Process should be returnable the first day of the next Term and that Mr. Craister should not have his quietus until he had answered the Plaintiffs Bill and cleared his Contempts yet no Obedience yielded 10 of May 1684. Upon another Motion a further Amerciament of One Hundred and Fifty pounds 30 of May 1684. Mr. Craister put in his Answer and upon the Plaintiffs Motion it was referred to the Remembrancer to Tax the Plaintiff his Costs for these Abuses and Delayes which amounted to One Hundred Sixty Four pounds Twelve shillings Six pence and yet Taxed but at Twenty one pounds Sixteen shillings and Six pence Now any reasonable Man would have Imagined That after all 〈…〉 and Contempt this small Pittance of 21 ll 16 s. 6 d. Costs should have been readily paid But observe the contrary 20 June 1684. Upon the Plaintiffs Motion Ordered That unless Mr. 〈◊〉 by Monday then next pay to the Plaintiff the Costs 〈◊〉 the Amer●●aments should forthwith be levyed 27. June 1684. The Plaintiff Moves further and inform● th● 〈…〉 were not paid whereupon ordered the Costs be paid that day 〈…〉 Motion but not a Penny paid Michaelmas-Term 1684. Nov. 4. The Plaintiff Moves the 〈…〉 forms That no Costs is paid nor any Obedien●● given to the 〈…〉 whereupon an Attachment was ●warded against 〈◊〉 unless he 〈…〉 21 ll 16 s. 6 d. and 1● s. and 4 s. more for 〈◊〉 of Costs 〈…〉 but no Obedience given Hereupon the Plaintiff b● Petition to the B●ron● of the 〈…〉 the whole progress the Cause had had and that to put the Plaintiff to 〈…〉 Craister de nov● with the ordinary Process was to run the old 〈…〉 in Infinitum and that the Plaintiff having taken all the Method● that 〈◊〉 could advise and to no purpose prayed the Consideration 〈◊〉 by the 〈◊〉 and such course to be taken 〈◊〉 the Defendant as might enforce Obedience 〈◊〉 these or the like Reasons incert●● in his Petition First The notorious and out-daring Practises of the 〈◊〉 and 〈◊〉 flying in the Face of the Court by their unpresidented D●●obed●●nce to Authority and rendring the same Contemptuous to all and ineffectual in it● Justice to the prosecutor Secondly The Ruin hereby following the Suitor not only by the 〈◊〉 Charge but Delay Thirdly For that it 's dishonourable and reflects upon the Justice as well as 〈◊〉 of the Court That any person should be suffered to dare and tri●●e with 〈◊〉 and Ruin the Prosecutor immediately under the protection thereof if after ●uch Delay he must yet further suffer in his real Expence ●●casioned 〈◊〉 by this unparallel'd Contempt of Justice The loss of near ●● s. 6 d. in the pound the Costs taxed being little more than 2 s. 6 d. in the pound And Lastly For that nothing deters any Person from Contemning Justice but making the Delinquent Exemplar Upon this Petition the Court ordered That if Craister did not pay the Costs by a day certain in Michaelmas-Term 1684. then all the former Amerciaments to be forthwith Levyed and a further Amerciament set Notwithstanding all which the Plaintiff was put to the Charge of several other Motions for the Costs and they not paid until the beginning of Hillary-Term last 9 January 1684. The Claymant by Petition humbly Addressed himself to his late Sacred Majesty and the Lords of his Privy-Council briefly setting forth the said Matters in the Suit against Craister and that the proceedings of Craister and the Coroner were in notorious Contempt of His Majesties Dignity and Authority and tended not only to the bringing His Majesties Courts of Justice into Contempt but to the Obstruction of Justice in general and utter Ruin of the Claymant in particular Upon this Petition the Claymant received a Gracious verbal Answer That the whole Matter of the Petitioners Cause should be heard and determined in the next ensuing Parliament That it being necessary to make his said late Majesty by his Attorney General a Desendant to the Claymant's said Bill in the Court of Exchequer he made humble Application to the said Attorney General to put in an Answer thereunto but hath not hitherto been so happy as to obtain the same whereby the Claymants further proceedings in that Cause are at a full stop Now it remains that the Claymant answer some Objections much insisted on by his Adversary As Object I. That the Claymant at first derived his Pedigree from Sir Richard Percy as his Great Grand-Father and afterwards from Sir Ingleram Percy Answ This is admitted to be true in Fact but the occasion of deriving from Richard Percy was 1. The Matches of the Percies were rent out of the Heralds Book and Sir Ingleram Percy 's was quite lest out of the First Pedigree 2. The Misfortunes of the Family of the Percies in Queen Elizabeth's Time and thereby those of them under whom the Claymant is immediately Descended driven out of their Native Country and from their Father's House in a most obscure manner meerly for Preservation of their Lives in their tender Years 3. The taking away the Court of Wards and Inquisitions post mortem 4. The Interruption in the Executing the Office of Heralds in ●he Times of the late Rebellion 5. The Adversaries having the Advantage o● possessing themselves of all the Memorandums and Records of the late Earls of Northumberland Algernoon and Ioscelin and the Pedigrees and Descents of that Family 6. The Advice above-said given to the Claymant by Sir Edward Walker Sir John