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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

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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
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