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
Claimant's consent or knowledge Then the Duke replied Mr. Percy you shall have a fair Tryal at Law And moreover he did promise he would not stand upon Priviledge but when Percy was ready for a Tryal then Trumpt up Priviledge And Mr. Ross the Duke's Agent said the Duke could not set aside his Priviledge But the Duke said if Percy proves himself Heir I have no Right and forth with sold his Interest for an inconsiderable Sum of Money II. The Lord Ogle that married the Lady Elizabeth Percy would have assumed the name of Percy and put in a Bill to be made an Act to settle the Lands upon him by Act of Parliament III. And it is reported that the Lord of Essex desired that some of those Lands might be settled upon him by Act of Parliament By this account the Lands are yet unsettled Ergo then great reason it is that the true Heir-Male of the Percies Bill should be made an Act of Parliament to settle the Name Title and Estate together again according to the first settlement confirmed by his Ancestors Now your poor distressed and oppressed Petitioner humbly and freely offers for the obtaining of Justice and for the full satisfaction to the Kings most Excellent Majesty and the Right Honourable Lords Spiritual and Temporal and those Honourable and Worthy Members of the House of Commons in Parliament assembled if it be required and thought convenient he being very unwilling to offer any thing that might give the least offence but rather submit to their grave and mature Wisdoms these Proposals following James Percy the Claimant and Plaintiff will pay into the hands of any Trustees that shall be appointed to receive the Money in Trust for Mr. John Blakeston's Costs provided he likewise lay down the 90 l. taken by surprize out of Court before the Tryal was ended And Mr. Vtting's Cost likewise shall be paid for what Sir John Coppleston claims provided likewise that Sir John Coppleston pay the 10 l. down which he got when he ventured the Breach of Priviledge of Parliament provided the whole Merits of the Cause may have a fair Hearing and Determination before the Lords And if the Plaintiff and Claimant James Percy doth not prove himself to be the right true and next Heir-Male in Bloud of the Percies of Northumberland then let them take all the Money and the Plaintiff will freely acquit his Claim for ever and remain till death a Loyal Subject and James Percy Although his Witnesses be dispers'd a Weeks time will bring them to Town again upon the sight of an Order For the Claimant James Percy by Birth ought to enjoy the Place Seat and Priviledge of his Ancestors Earls of Northumberland but now he dares not appear till an Order be had Therefore he most humbly prays That a fair Hearing may be had and that a true decision of his just Cause and Claim may be made according to Justice so that the Innocent may be preserved and that the fraudulent practices not just may march off with shame For Heroick Actions glorifies God Honours the King and makes all the people shout for joy God hath been pleased to make a true decision himself which may be a president for he sent the Claimant from his Mothers Womb with a Crescent into the World which is Gods Ensign of Truth and the very Badge belonging to the Percies Earls of Northumberland In witness to this Truth I have set to my Hand and Seal this 3d. of January 1680 1. JAMES PERCY To the KINGS most Excellent Majesty The Humble Petition of JAMES PERCY SHEWETH THat it is a great grief to your Petitioner's Soul to trouble your Sacred Majesty so often in looking after his Just Right yet cannot help it by reason his Opponents are of so great Power Policy and Force That notwithstanding his Petition to the Right Honourable House of Lords presented the day after his Hearing should have been had the Opponents got that Writ of Error dismiss'd the House well knowing the Errors would have been confirmed against them That thereby they have an opportunity to take out Execution against your Petitioner and so to stop his further publick appearing That if that Writ be not recall'd into the Lords House again your Petitioner can in no wise expect a fair Hearing nor a just decision of his Cause Therefore your oppressed Petitioner most humbly prays That your Majesty would be graciously pleased to see Justice done herein and that a new Day may be appointed according to the Prayer of that Petition that is now before the House of Lords or that your Sacred Majesty will be graciously pleased to call your Loyal Subject by your Royal Writ of Summons to take the Place and Seat of his Ancestors Earls of Northumberland he having proved his legitimate Descent and Pedigree at several Tryals at Law This Petition was presented into his Sacred Majesties hand Jan. 3. 1681. All great and dubious matters the Children of Israel presented and laid open before Moses Even so the Claimant hath done to his Majesty all along knowing that in the King solely lyes the creation and preservation of Honour and Nobility But the King referred the Cause to the Lords to hear and determine and now the two Writs of Error are dismiss'd the Lords House without hearing the said Cause Now the Claimant James Percy finding himself over-powered is forc'd to Appeal and humbly prays for Justice As Prerogative belongs to the King so Property and Right belongs to his People FINIS To the KING' 's Most Excellent Majesty The Humble Petition of JAMES PERCY SHEWETH THat Your Petitioner most Humbly Beseecheth and Earnestly Prayeth Your Majesties Pardon for that Omission on the Ninth of December last which was in truth altogether the Neglect of his Attorny as his Printed Petition sets forth That Your Petitioner Humbly presents these two Books that your Most Excellant Majesty may see the real endeavours of Your Petitioner and the first Book was Prepared for the Right Honourable Lords Spiritual and Temporal to inform their Lordships And the second Book is prepared to make his Complaints known to the House of Commons 〈◊〉 that They â—ay intercede in his Just Cause with Your Royal Majesty and the Right â—onourable Lords in Parliament Therefore Your Majesties Loyal Subject and Petitioner most Humbly Prays That Your Royal Majesty will be Graciously pleased Patiently to Read and Seriously consider the Printed Complaints and do Your Poor distressed Petitioner Justice in restoring him by Your own Princely Power Prerogative and Clemency He having at Law fully proved his Pedigree And therefore hath prepared a Bill that it may be made an Act of Parliament and most Humbly Prays Your Majesties Royal Assent thereunto And that Your Majesties Royal Writ of Summons may forthwith call Your Loyal Subject from the House of Prison to the House of Peers And there to take the Place and Seat of his Ancestors Earls of Northumberland When King Pharao took Joseph out of
of Northumberland that hath stood to justify his Claim about Ten Years and hath proved himself a Legitimate Percy in the Kings Bench doth likewise publish to the world that he will justify his Right durante vitae and hopes the World will not be deceived by any Artifice for he desires no more but a free and final determination of his said Claim Fiat Justitia ruat Coelum James Percy Notwithstanding your Loyal Petitioner verily believes your most Excellent Majesty is much Mis-inform'd yet your Petitioner had not published this Advertisement had not he found my Lord Ogle to have changed his Name from Cavendish to Percy printed in Mercurius Anglicus But now the Petitioner is resolved like Hester by Gods powerful Assistance and your Majesties gracious Acceptance to stand up for the Name of Percy as that Queen kneeled down to save her people King Darius took Daniel out of the Lyons Den and God in a most Miraculous manner Restored your Majesty to your Kingdoms And according to the Coronation-Oath and your Majesties Royal and Gracious Act of Free pardon and Indempnity the Petitioner in Justice ought to be restored to his Birth-right and Title or such an Immediate Allowance as is usual in such Cases to keep the White-Horse or Honour from starving until his Case be determined according to the prayer of the Petition The President the Lord Ogles Agents will insist upon is as followeth NOte the Lady Agnes Percy would not inter-marry with the Lord Josceline De Lovaine Son and Heir to the Duke of Brabant the then Queen of Englands Brother without he assumed her Name The Reason was There was not an Heir-Male then living of the Percies Therefore that was done purely to preserve the Name of Percy But now my Cozen the Lady Elizabeth Percies Case is not the same For the Heirs-Males of the Percies are not dead as by the Claymants printed Book appears But the Mystery of assuming the Name of Percy is as follows AS is the Settlement of Arundel-Castle even so is the Settlement of the Honour of Petworth and Cockermouth and divers other Lands upon the Heirs-Males of the Percies for ever And all those Lands so Settled and in the Crown the Rents and Fines can be Recovered no wayes but under the Name of Percy and the Tenants have over-thrown the Ladies Agents at two several Tryals upon the same Acount The Petitioner commits this Cause to the Kingsmost Excellent Majesty the Parliament and Leige People of England to judge whether or no this be a Fraud intended or not Therefore I humbly beg your Majesties Pardon For as the Petitioner hath often demanded the Fines and Rents of the Tenants and they durst not obey by reason his Pedigree was not then proved But now his Pedigree is proved to be the true Heir-Male of the Blood and Family of the Percies of Northumberland that they stop all their Rents in their hands and Prepare those Fines that have been a long time kept from the true Heir-Male JAMES PERCY To the Right Honourable Lords Spiritual and Temporal in Parliament Assembled The Humble Petition of JAMES PERCY SHEWETH THat this is the 11th year of the Petitioner's Claim to the 〈◊〉 and Estate belonging to the Earldom of Northumberland That your Petitioner hath had several Tryals at Law where he is proved a true Percy legitimate and no Impostor as once a Gazer published That through the high Priviledges Policy and Potency of the Opponents and Treachery of his Solicitor and falling area the of some of his Councel all which occasioned Errors both particular and general That as William Percy the Brother of the Claimant was out up to obstruct Proceedings and now Francis Percy Stone Cutter is cryed up who declared himself to be the Grandson of Thomas Percy that was in the Gunpowder-Plot down in truth was the Son of Robert Percy the Petitioner's great Uncle He therefore prays That a set day may be appointed allowing 14 days time to summon in Witnesses so that the Pedigree may be fully proved that 〈◊〉 true Decision may be made according to Justice and that Truth may be preserved and Errors corrected And your Petitioner shall ever pray c. JAMES PERCY THat whereas the Kings most Excellent Majesty hath been graciously pleased to refer the Petitioner's Cause to the Lords Spiritual and Temporal in Parliament to Hear and Determine his said Claim to the Earldom of Northumberland That the Right Honourable Lords were pleased to receive the above-mentioned Petiition of James Percy the Claimant at the Bar of the said House of Lords the 17th of November 1680. That your Lordships will be further graciously pleased to Call for the said Petition and cause it to be Read and appoint a day for Tryal according to the Prayer of the aforesaid Petition so that the Pedigree of your Petitioner may be fully Tryed with the two Writs of Error And your Petitioner shall ever pray c. JAMES PERCY Die Jovis 25. Novembris 1680. WHereas JAMES PERCY Esq hath brought two Writs of Errour into this House In One of which the said JAMES PERCY is Plaintiff and John Blackstone Esq is Defendant And in the other Robert Utting is Plaintiff and Sir John Coppleston is Defendant Upon both which Writs the Errors being assigned and Issue joyned It is this Day Ordered by the Lords Spiritual and Temporal in PARLIAMENT Assembled That this House will hear the Errors upon the said Two Writs of Errour Respectively Argued by Councel at the BAR on both Parts on Thursday the 9th Day of December next at Ten of the Clock in the Forenoon Whereof the said John Blakestone and Sir John Copplestone respectively are to cause Timely Notice to be given to the said JAMES PERCY for that Purpose JOHN BROWNE Cleric ' Parliamentor ' The Councel's Opinion to prove the Pedigree manifests Errours Removes Mistakes and Scandals and makes a clear way to Justice Therefore the following Pedigree is prepar'd for the Right Houourable Lords Spiritual and Temporal in Parliament at the Day of Hearing To the Kings Most Excellent MAJESTY The Humble Petition of James Percy SHEWETH THAT this is the 11th Year of Your Petitioners Claim to the Title and Earldom of Northumberland That the 9th Instant at 10. of the Clock is appointed the day of Hearing before the Right Honourable Lords Spiritual and Temporal in Parliament Assembled Therefore he most humbly Prays that Your Majesty would be graciously pleased to be present at the hearing of the Cause and then Your Majesty will understand how the Moon hath been set under the horrid Black Cloud of Oppression and to see the Moon rise into the Serene Horoscope of Justice And Your Petitioner shall Pray c. JAMES PERCY To the King 's most Excellent Majesty The Humble Petition of James Percy Cousin and next Heir-Male of Josceline Percy late and Eleventh Earl of Northumberland Deceased Sheweth THat Your Petitioner hath about Ten Years waited for the Justice of the Laws of Your
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
that Rebell'd and was Executed in the Life-time of his Brethren And his Sons was a Bar to Sir Ingleram Percy the Younger Brother or else Sir Ingleram without all doubt had been immediately Seized of the Estate after the Earl his Elder Brother's Death For Thomas his Attaint did not prejudice the Elder Brother nor hurt the Younger Brother He only Corrupted his own Line Now Mr. Clark Mr. Champion and Mr. Gee did make use of their time and by Favour possest themselves of most s of those Lands as the several Leases and Lives were expired And to continue those Lands in policy they set up William Percy thinking they might please him as they do Children with an Apple Had the Agents sent me Money so often as they did William they had done well but opposing me the True Heir against their own Knowledge they have done very unjustly For Mr. Orlando Gee well knows I made my Claim at Petmouth in the Year 1654. I am your Cordial Friend J. P. SIR I Have according to my Promise given you a true Account as I did at first when I was ignorant and could not make out my Great Grand-Father to fix my Pedigree But when Mr. Henry Champion at Sir John Coppleston's Tryal was forced upon his Oath then he confest that Sir Ingleram Percy who was hid from me before was Marryed and had Sons and Daughters Mr. Champion knew this when the Letters and Mony was sent to my Brother William I wonder a Wife Man as you are should be so deceived by him And the World may wonder at me that have trac'd their Treacheries and dissembling Actions and found them out so as it will continue to their shame another Day Had the Agents been true to themselves they should have acted the Honest Part as Mr. Champion was once about to do at my first Coming over For he came to me and said Mr. Percy Will you own the Old Servants I replyed According as they shall deserve And then Mr. Gee came to me and said Was you the Man that came to Petworth in the Year 54 And with the Circumstantial Remembrances I gave silenced him Truly I am ashamed to declare their unworthy Actions and what they have forced me to Now suppose they had proved Mary Varnon Marryed yet I was seven Years elder But to put up a poor indigent Man a Journy-man-Glover Christening his Children to deceive the World and to slight the true Heir because I was a Trunck-maker The Trade is Good and by God's Blessing it hath given me Bread in the Extremity of my Travels till I obtained the Merchandizing Trade And can make my Three Sons Free-Men Merchants of London and Dublin in Ireland and of Norwich in Norfolk and have likewise Trayned them up to Handycrafts So that if they fail in the Mystery of Merchandizing they may with God's Blessing Live upon their Ingenuity Yet one word more in my Father Henry Percy 's behalf by way of Comparison There was one of the Female Sex that was addicted to Venery and a Person of Quality being over seen had to do with her and she laid the Child to him though some other might have got it And such People are not much to be blamed for getting the best Father they can for the Child To conclude I must not forget to tell you what the Agents are doing now amongst the Tenants as I am informed They call all their Courts for the Lord Ogle by the Name of Percy and informs all the Tenants That James Percy the Ten Years Claymant is Run away But by God's Providence I remain at Mr. Ralph Carter's House a Trunck-maker in Fleet-street over against Serjeant's Inn where the Messenger may find James Percy to Serve the King 's Royal Writ of Summons upon Since I saw you I presented a Petition into the King's sacred Hand And His gracious Answer to the Master of Request was as at the Beginning when I first Petitioned the King whom God Bless with long Life here and Eternal Happiness hereafter You will find the Petition and Answer in the First Sheet added to this Book If a Tinker was taken in his Travels a Laborer from under his Hod of Morter and a Sawyer out of the Saw-Pit to Enjoy their Birth-right and Inheritance then Why may not James Percy the true Heir to the Earldom of Northumberland be call'd from a Trunck-makers House to take his Place and Seat in the Right Honourable House of PEERS according to his Birth-right and Title YOu was pleased to tell me That Disgust was taken against me for the Verses I sent to the Countess I must confess I writ them in a great Passion because the Countess would not vouchsafe to speak with me but peept through the Window at me And because I begun with a Verse I will end with a Verse by reason the Countess shall see I am still the same Man And so leave the Cause to GOD to the KING Parliament and People to Judg whether Pought to lose my Birth-right for so small an Offence as these following Verses Wealth is the Gyant grown so high That can a Percy now defye Though like David with Sling and Stones Shews Great Champion's Blood and Bones Saul seeking Asses Kingdom mes James seeks his Right finds Foes too Great Pray God give me a Zealous Heart That I may seek the Better Part Then shall I Sing his Praises clear Scorn to peep through a Window here This is done that it shall be said A Percy Lives though Josceline's Dead Resolv'd I am to spend my All Before a Percy 's Name shall Fall If the afore said Verses gave Offence I hope these following Verses will not An Impostor is a Base Name By doing Justice clears the Shame And blows away the Clouds so high Makes Truth shine clear as Sun in Sky I trust in God that can Restore If not on Earth to Heavens Shore FINIS THE CASE OF JAMES PERCY The true Heir-Male and Claimant to the Earldom of Northumberland To the Honourable Knights Citizens and Burgesses And to the Committee of Grievances in PARLIAMENT Assembled The Humble Petition of JAMES PERCY Cozen and next Heir-Male to JOSCELIN PERCY the late and Eleventh EARL of NORTHUMBERLAND Deceased SHEWETH THAT your Petitioner was the Son of Henry Percy who was the Son of Henry Percy who was the Son of Sir Ingleram Percy who was the third Son of Henry Percy Fifth Earl of Northumberland By which Descent your Petitioner is Entitled to the Earldom of Northumberland and to several Baronies Honours Manors and Lands which to the Earldom and Baronies have been and still are annexed your Petitioner having proved his Pedigree questions not but by your Assistance to make appear they are or should be his Right and Just Inheritance as Cozen and Heir-Male to Joscelin late Earl afore-mentioned And therefore ought to fit in Parliament and enjoy the Place Seat and Preheminence of his Ancestors with the Dignities to him so descended and do
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
the Dungion Then God fil'd Pharao's Barns with his Blessings To which God Annex long Life and a Prosperous Reign And Your Petitioner shall Pray JAMES PERCY This Petition was presented into his Sacred Majesties Hand Jan. the 17th 1681. And did indeavour to present the two Books mentioned in the Petition But a Gentleman stepping betwixt the King and my self pusht me away so that I could not Present the Complaint prepared for the House of Lords against the day of Hearing Nor this Complaint which is prepared for the House of Commons my Opponants are great and Numerous which forces the Claimant to Pray for Justice An Affidavit made by JAMES PERCY Claimant to the Earldom of NORTHUMBERLAND WHereas Mr. James Hooton did undertake the Carrying in two Writs of Error in Parliament between James Percy Plaintiff and John Blackeston Esq Defendant for Scandalous Words and in Ejectments for Lands Robert Vtting Gent. Lessee of the Plaintiff and Sir John Copleston Defendant And the aforesaid Mr. Hooton did receive Writings of Percy the Claimant long before the day of Hearing before the Lords And did promise to fix all the Claimants Breviats so as they might be ready for some Lords and for the Council But when the Claimant should have been prepared for his Counsel then Mr. Hooton could not be found till the very Morning the Hearing should have been had then he meeting the Deponent James Percy at Fetter-lane-end in Fleet-street and said whither are you going Percy told him I am a going to make my Complaint against You for keeping my Writings and not making my Breviats ready for my Council And when James Percy had made his complaint in Parliament and offered to make Oath before their Lordships to Confirm the truth And when the Lords Commanded to withdraâ— then Mr. James Hootons Man came into the Lobby and there delivered the Writings to the Deponent upon the 9th of December 1678. Moreover the said Hooton said some time before that he was offered a Hundred Guinneys to betray the said Deponents Case And on the 7th of January 1681. The said Hooton came to the Deponants Chamber and desired to see those Writings that belonged to those Writs of Errors and did Write something out of them saying He had not kept a Copy of them which he ought to have done but said He had enough now to do his business and further said there was one sheet wanting Which shews how careful he was of his Claimants Cause And yet threatens he will Sue the Claimant for Defaming him in his Practise JAMES PERCY Jur ' 18. die January 1680. coram me Magistro Canc ' John Hoskyns The Deponant Humbly Prays for speedy Justice and that he may be forthwith called from the Prison of Kings-Bench into Parliament to take the Place of his Ancestors Earls of Northumberland according to his Birth-right and that the two Writs of Error may be Re-manded back and the Execution stopt For his Witnesses continue still in Town Hoping by your Mature Wisdoms to obtain an Order for a new day of Hearing for which he Prays as by his Petition all along appears An Affidavit made by JAMES PERCY Claimant to the Earldom of NORTHUMBERLAND WHereas Adlard Welby Gent. is Attourny for John Blackston Esq Def. this Deponent James Percy on the 21â—h instant went to Mr. Welby and offer'd an Agreement And whereas Cost of 70 odd l. is demanded of me the Plaintif the Deponent demanded 90 l. which was but tendred into Court upon my Lord Chief Justice Scrogs's promise that the Lord of Essex would not insist upon Priviledge and that the Deponent JAMES PERCY should have a fair Tryal the Money was not intended for the L. of Essex really but it ought to have been remanded back again to the Plaintiff JAMES PERCY for that 90 l. costs pretended for Mr. Clark was Sued for by Capt. Biggerstaff that married the Relict of Mr. Clark And that 90 l. Costs ought to have been set aside upon their own Demurrer therefore Mr. Welby Reply'd I must complain in Court The Writs of Error ought to have been heard debated and determined by the Right Honourable Lords in Parliament But it was blown over as by the Printed Complaint prepared to present to the Honourable House of Commons appears But it is hoped the Writs of Error may be Re-manded back into Parliament to have a fair Hearing Or if the Plaintiff and Deponent be forced to pay the 70 odd Pounds Cost then the 90 l. ought to be Refunded to the Deponent JAMES PERCY Jurat 22. die Jan. 1680. John Hoskins IT is very hard for a man to be kept out of Possession and his Opponents mannage all their Suits at Law against him with his own Estate and that will not serve their turns but they covet to get from the Claimant by Fraud so that they may totally Ruine and disable him from prosecuting his Birth-right JAMES PERCY the true and lawful Heir-male to the Percy 's Earls of Northumberland hath found more Injustice and Hardships here in England than the Children of Israel found in Egypt when they made Brick and were forc'd to gather their own Straw to burn them When Joseph's good Works were forgot then his Brethren suffer'd But now the PERCY' 's good deeds are forgot their lawful Successor suffers in Prison And therefore earnestly prays for a speedy Deliverance My great Pains and Charge in Printing is really intended rightly to inform the world thereby to remove Oppression and to revive justice To the Kings Most Excellent Majesty The Humble Petition of JAMES PERCY Sheweth THat Your Petitioners Opponents have obtain'd their Desires for your Petitioner is in Prison That Your Majesty was Graciously pleased to say God forbid that We should hinder an Heir but that he should have the Benefit of the Law And to that end Sir John Berkenhead was sent by Your Majesty to the Attourny General That Your Petitioner hath proved his Legitimacy and Pedegree at four several Tryals at Law whereof one is exemplified under the Great Seal of Your Majesties Court of Kings-Bench where Your Petitioner is now a Prisoner upon that Writ of Error the Lord Chief Justice Soroggs so wilfully gave the Cause away after Your Petitioner had fully proved his Pedegree and to be Descended from the Body of Henry Percy fifth Earl of Northumberland and Cousin and next Heir-Male to Josceline Percy late and eleventh Earl deceased Therefore He most Humbly Prays that Your Most Excellent Majesty would be Graciously pleased to Order the Lord Chancellour forthwith to call by Your Majesties Royal Writ of Summous Your Petitioner from the House of Prison to the House of Peers to take the Place and Seat of his Ancestors Earls of Northumberland as it is his Birth-right and Title proved at Law God in his Justice and Mercy restor'd Your Majesty to Your Crown and Kingdoms even so let Your Majesty in Equity and Pity Restore Your poor Distressed Subject And Your Petitioner shall ever