Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	action_n	court_n	defendant_n	1,397	5	10.0062	5	false

Text snippets containing the quad

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

of November 1678. the Tryal came on and after opening of the Cause the Defendants Councel took Exceptions to some Point in the Declaration which after a debate was waved the Action judged to be well laid and the scandalous Words proved Then the Claymants Councel proceeded to call Witnesses to pove his Pedigree upwards as being the better way to satisfy the Court and inform the Jury and that the Claymant could not possibly Arrive at any present better way to prove his Pedigree than by his Action of Slander For that the Claymant had before that delivered Declarations in Ejectment in several Counties but the Lands being all in the hands of great Personages stopt his Proceedings on such Ejectments by Priviledge which Candidness of the Claymants Councel was unreasonably made use of to the Claymants great Damage For hereupon Draughts of the Claymants Pedigree being delivered to the Judges the Lord Chief Justice Scroggs said What need you trouble the Court to Examine all these Witnesses if there be no Lands therefore let us see first what Lands there are Then the Claymant produced divers Records out of the Tower and elsewhere which evidenced that the Lands late the Lady Lucy's in Cumberland and other Counties in the Records especially named were Settled upon the Heirs-Males of the Percyes for ever tendring three Hundred Pounds to the King c. and quartering the said Lucyes Coat of Armes next their own and before the Percyes Here the Defendants Councel started up an Attainder of Sir Thomas Percy in King Henry the Eighth's time also his Son in the Reign of Queen Elizabeth which being new to the Claymant and therefore his Councel not prepared presently to answer time was given to the Clayment to Inform and prepare himself to answer that matter and a further day appointed for Tryal and the Jury then Sworn with-drawn and after that two several dayes appointed for Tryal and also a third day to wit the 27th of January 1678. But The first day of Hillary Term 1678. the Defendants Councel moved the Court for a new Jury and also for a further day for Tryal both which the Court granted Yet after all this the Defendant moved again for a longer day which was granted until Thursday the 6th of February Notwithstanding all which and that the Claymant had at a vast Expence kept his Witnesses in Town all this time yet would not the Court Award him any Costs ☞ Note In the Lord Chief Justice Hayles time it was otherwise for in the Suit brought as aforesaid against Clarke the Defendant moving to put off that Tryal for seven days on pretence he was not prepared the Court Awarded the Defendant to pay the Clayman● Thirty Five Pound Costs in respect of the Charge of keeping his Witnesses in Town before any further time given for Tryal and which was paid accordingly Sixth of February 1678. The New ●ury appeared and the Tryal came on again the Cause opened ●nd one of the Witnesses called to prove the Words who appearing the Court declared he had sufficiently proved them before So no Exception being made thereunto or to any matter in the Declaration by the Defendants Councel It was Agreed to proceed and take up the Case where they left at the former Tryal the 11th of November Hereupon Copys of the Records of the Patents in Queen Maryes time viz. One for the Barony and th● other for the Earldom were produced Upon this the Defendants Councel Objected the Attainder of Thomas Percy Against which the Claymants Councel insisted and Evidenced That the Claymants Descent and Claim was Paramount the Attainder and that the same could not in any sort affect the Claymant and which was admitted by the Court. This Point being thus Cleared the Claymant descended to Examine his Witnesses to prove his Pedigree but the Defendants Councel declared They admitted and owned the Claymants Pedigree and Title but that could not Affect the Lands for that by an Act of Parliament touching Exchange of Lands between King Henry the Eighth and Henry Percy the Sixth Earl of Northumberland and others the Limitations in the Settlement under whom the Claymant Claymed were destroyed But this Point being also answered as well by several Savings in that Act as otherwise and the Claymant Pressing That he might be permitted to Examine his Witnesses to prove his Pedigree and proceed in the Cause The Defendant then resorted to their first piece of Craft and Insisted upon a pretended Insufficiency in the Declaration and which had been debated and waved as aforesaid but the Lord Chief Justice Scroggs now falling in with them would not suffer the Claymants Witnesses to be Examined as to his Pedigree but on the contrary Cryed out The Declaration is nought the Declaration is nought whereupon the Claymant was driven to suffer a Non-Suit After this the Claymant brought an Ejectment for recovery of that part of the Estate belonging to the Earldom called the Lady Lucyes Lands and in 1681. brought the same to Tryal at the Kings-Bench-Bar where the Claymant fully proved his Pedigree and so was Declared by the Court But by the evil Practises of the Adversaries with the Person that managed the Cause for the Claymant and his not producing at the Tryal the Copy of the Grants made by Richard the Second to the Earls of Northumberland for want thereof and some other Records the said Agent was entrusted with by the Claymant the said Tryal passed against the Claymant The then Lord Chief Justice Pemberton standing up in Court and saying to the Claymant Mr. Percy Your Cause is ill managed suffer a Non-suit Note Through the like Practises and evil Dealings of another of the Claymants Agents one Mr. James Hooton the Claymant lost the benefit of two Writs of Error brought in the House of Lords By these Methods the Claymant proceeded in the Courts of Law singly Now for Equity and Law together The Earldom of Northumberland being heretofore endowed by his Majesty's Ancestors with an Annual Rent or Fee of Twenty Pounds per Annum payable by the Sheriff of Northumberland out of the County In order to the Recovery thereof and Affirmance of the Claymants Title he exbibited his Bill in his Majesties Court of Exchecquer against Edmond Craister Esq the then Sheriff of Northumberland for Recovery of the said Twenty Pounds per Annum not in the least doubting but to bring the Merits of that Cause to a speedy Issue but on the contrary notwithstanding the Sheriff was otherwise an uninterressed Party then only as the hand to pay the Twenty pounds per Annum to the Claymant and have it again allowed in his Accounts Yet the Spirit and Practises that had hitherto opposed the Claymant in his Prosecuting his just Right in the Courts of Law appears in this also and that the World may see it plainly take this following Account of those Proceedings viz. In Trinity-Term 1682. The Bill was fyled against Mr. Craister who appears but sits in Contempt for

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