who dyed young 3. William 4. Sir Charles Percy Knight 5. Sir Richard Percy Knight 6. Sir Alan Percy Knight 7. Sir Josceline Percy Knight 8. George Percy Esq Henry Lord Percy 9th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan and in his Mothers right Lord Latimer He was Knight of the most Noble Order of the Garter by Qu. Elizabeth in the Year of our Lord 1593. Who marryed Dorothy Daughter of Walter Devereux Earl of Essex by whom he had Issue 1. Algernon the 10th Earl 2. Lord Henry who dyed without Issue Algernon the 10th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne Bryan and Latimer Knight of the most Noble Order of the Garter Lord Admiral of England and General over His Majesties Forces for his Expedition 1640. and one of His Majesties most Honourable Privy Council He marryed Two Wives by the former he had 4 Daughters and by the latter Wife 1 Son viz. Josceline Josceline the 11th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne Bryan and Latimer Deceased Who married Elizabeth Daughter to the Earl of Southampton by whom he had Issue 1. Henry who dyed young 2. Elizabeth who marry'd the Lord Ogle Heirs Males Extinct The Collateral Line Sir Ingelram Percy the 3d. and youngest Son of Henry Percy the 5th Earl of Northumberland who married and had Sons and Daughters as by the Oath of Mr. Henry Champion who kept the Percies Books and Records where he found what he testify'd upon Oath at the Tryal between Vtting Plaintiff and Coppleston Defendant He had Issue 1. Henry Percy 2. Robert Percy and 2 Daughters About 1559. these 4 Children were in the time of Troubles in Queen Elizabeths Days sent out of the North in Hampers to old Dame Vaux at Haraden in Northamptonshire and there were brought up preserved and provided for Therefore it is concluded by all that Sir Ingelram's Lady the Mother of those Children must be related to Dame Vaux's Family The Countess Dowager of Dorset Pembrook and Mountgomery said That if the Claimant James Percy were her Kinsman he must be descended of those Children that were sent into the South in Hampers Note There were but few Coaches in those days Margaret that married the first Earl of Cumberland whom the Countess of Dorset descended from was Sir Ingelram Percie 's own Sister And while the Claymant was with this Lady enquiring and delivering Declarations in Ejectment the Estate was all-begg'd as his printed Book makes appear more at large That which wildernized the Claymant was the rending the matchings of the Percies out of the Herald's Book and likewise the Herald-painter left Sir Ingelram quite out of the first Pedegree Henry the eldest Son of Sir Ingelram marryed the Daughter of one Tibott by whom he had Issue 1. James Percy who dyed about the year 1654. in Ireland without Issue-male 2. William who died young 3. Henry And 3 Daughters Henry Percy married Lidea the Daughter of Mr. Robert Cope of Horton in Northamptonshire by whom he had Issue 1. Henry who dyed young 2. James 3. Henry who dyed young 1 Daughter named Elizabeth James the now Claymant born 1619. of Henry and Lidea his Wife who was 2d Son of Henry who was first Son of Sir Ingelram who was 3d. Son of Henry 5th Earl of Northumberland who was great great Grandfather of the Claymant James Percy who married Sarah the Daughter of John Sayer of Norwich Gent. by whom he hath Issue 1. Anthony Percy married and hath a Son viz. Henry 2. Henry 3. John UPon a tripartine Exchange the Countries from Trent Sir W. Churchil's History fel. 257. to the North-ward was the Lot of the Percies in Memory whereof the same being in the Georgraphical Form of an Malf-moon Crescent for their Cognizance A short Abstract of the fore-going Narrative co-temporizing down from Henry the 5th Earl of Northumberland who had as before the following Issue 6th Earl of Northumberland Henry eldest Son who dyed without Issue Thomas second Son had two Sons both Earls 7th and 8th Earls Thomas and Henry first Cousins unto 9th Earl Henry and his Bretheren second Cousins unto 10th Earl Algernon and his Brother third Cousins unto 11th Earl Joscelin fourth Cousin unto The Lady Elizabeth Percy married to the Lord Ogle 5th Cousin unto Sir Ingelram Percy third Son had two Sons viz. Henry James Henry James Anthony Henry Henry John Robert This may satisfie all wise Men of the Truth of this Pedigree As for the Claymant James Percy he doth acknowledge the mistake of claiming under Sir Richard Percy who was born Anno 1573. And James Percy who was Unckle and Godfather to the Claymant was born 1581. So by this Account Sir Richard must have been a Grandfather at 8 years of Age. This is an impossible thing indeed But here lies the Mystery and the very Truth of this matter and it was his Councels advice to fix upon a wrong party which said they would be the only way to find out the right party For the Matches of the Percies was rent out of the Heralds book and Sir Ingelram Percie 's Name was quite left out of the first Pedegree which wildernized the Claymant and the Councels too which forced the Claymants Councel to tell the Lords in Parliamant that the Cause did not lie before their Lordships but ought to be tryed before the inferiour Courts first and if the Law could not end it then it was to return and come before their Lordships again to debate and to determine Since which time it hath been found out by a Verdict at Law that James Percy is the Legitimate Son of Henry Percy and Lidia his Wife And upon Petitions as in the printed Book may appear The Kings Most Excellent Majesty hath graciously condescended that the Lords in Parliament shall determine the said Cause It is hoped that this just account will abate that mistake of Clayming under Sir Richard for the Lord Chief Justice Hayls said at the first Tryal That the Plaintiff had proved himself Legitimate by Father and Mother by Grandfather and Grandmother but had taken his Descent too Low he must go a step or two Higher And the Lord Chief Justice Rainsford said to the Jury at that Tryal against Wright for Scandal That the Plaintiff had proved himself Legitimate and therefore did not examine the third part of his Witnesses but said His Pedegree was fully proved at a Tryal before that Court. So that the Plaintiff ought to have had a Verdict then when Mr. Henry Champion's Oath did perfect and fix'd the Pedegree as before-declared And the Lord Chief Justice Scroggs at the last Tryal against Blaickstone for Scandal and the whole Court did own the Pedegree of the Plaintiff only said The Declaration was nought When in Truth it was debated and allowed at the first part of the
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
be known and to obtain a right Understanding Moreover if her Honor will be graciously pleased to hear me speak I could Propound that which would silence all our Differences For I am like my Cousin Henry Hot Spur who chose to lose his Life rather than to yeild to that which would abate his Honor and Resolution But when I find Justice founded upon the Basis of Reason then I shall by God's Assistance be found like a Jonathan to David In the mean time I remain Your very Loving Friend James Percy London June 14th 1679. I Lodge at Mr. Curtis his House in Windsor-Court in Mugwell-Street near Cripplegate I Write not as an Harbenger to prepare Provisions but as an Herauld to proclaim Peace to the Countess if she please For their Act of Parliament shall never pass Both Houses without Justice be absolutely Buried alive in this our Nation Ezek. 46. Vers 18. Moreover the Scripture saith Curse ye him that removeth his Neighbor's Land-Mark A Letter left at Suffolk-House for the Lord Ogle near Charing-Cross My Lord EVer since the year 1670. I have applyed my self not only in Person but by Letters and Friends as the Printed Lines sets forth And with two of my Youngest Sons did upon the 24th of June 1679. wait for an Answer But found Things not Performed as was expected Now My Lord by your Marrying my Cousin the Lady Elizabeth Percy you are become concerned And since I can no ways come to the Speech of her Grand-Mother be pleased that I may speak with you of Differences past and to prevent Differences to come God direct you even as he did King Solomon and young Daniel to do Act and stand up for Justice For which I have and shall leave no stone unturn'd till I find it According to this inclosed Print I am My Lord Your Honors most Humble Servant James Percy June 26. 1679. And Mr. Gee did declare to the Claymant under White-Hall-Wall That if they had thought he had had an Estate to have Supported the Title withal they would have Owned him long ago If he had not been call'd from his Merchandizing by God's Blessing he might have obtained such an Estate of his own as would have preserved a Percy from a Nevel's Lot For when Henry Percy Fourth Earl of Northumberland return'd then was he Created Marquess Mountague Mr. Champion that kept all the Records confest that there was above 4000 l. per annum to attend the Title before old Mr. Rogers dyed and then Canington and Rodaway Lands return'd to the Percies again And the Agents now hath no other way but to endeavour the Lands may be setled by Act of Parliament upon the Lord Ogle in the Name of Percy The true and real Intent of the Claymant is to satisfy King and Parliament so as Fraud may be prevented and a Royal Writ of Summons may be had to call him to that Seat and Place of his Ancestors Earls of Northumberland James Percy 10 Years Claymant prays for Justice To the KING' 's most Excellent Majesty the Right Honorable Lords Spiritual and Temporal and to the Noble and Worthy Commons of England Assembled in Parliament THis out-side Sheet was really prepared to add to this Book to undeceive King Parliament and People and to unmask the cunning Contrivances of Politicians who Published the Claymant James Percy in the Gazet to be an Impostor setting forth a Pedigree of the Claymant's younger Brother Mr. William Percy pretending to undeceive the People But their real Design was to wildernize the true Heir and amuse the World Notwithstanding the Claymant hath at the last proved himself the next Heir as by a Judgment and Verdict and recovered Cost as by the Verdict exemplyfied under the Seal of his Majesty's Court of King's Bench And therefore with Courage and a clear Soul demands the Place and Seat of his Ancestors as the true Heir-Male of the Percies and Earls of Northumberland And therefore the Lord Ogle that Marryed the Lady Elizabeth Percy ought not to Assume the Name of Percy nor have any Settlement of the Lands which attend the Title For the Agents did put in a Bill to the Right Honorable Committee of the House of Lords to be made an Act of Parliament for the Settlement of the said Lands And also pretended to Indemnify the Trustees But it is rather judg'd the real Contrivance of the Trustees was meerly to bring themselves off from giving an Account of the main Profits and the great Wasts that have been Committed ever since the Death of Josceline the late Earl of Northumberland which on the Twenty-First of May next will be Ten Years Not many of the Persecutions have been of that long Continuance An Act of Parliament may be sooner stop't but will be hard to Reverse though never so Illegally obtain'd This first Sheet added to this Book contains the last Petition to the King and a short Abstract of the several Tryals The Last Sheet was an Account to one that desired to be satisfyed by reason the Agents had mis-informed him But now he is really Convinced The Second Sheet was likewise prepared for the last Session of Parliament and sets forth the several Petitions Reasons and Transactions in the Late Parliament Pag. 1 2 13 14. The Three Sheets containing the middle of the Book wherein he Petitioned the the House of Commons for their Aid not any wayes intending to Relinquish his Right in the House of Peers A Narrative of the several Tryals and Proceedings in the King 's Bench before my Lord Chief Justice Hayles and the Lord Chief Justice Rainsford Pag. 3. The double Tryal before the Lord Chief Justice Scroggs Pag. 5. A short Abstract of the Claymant's proceedings ever since the Death of Josceline Percy late and Eleventh Earl of Northumberland Pag. 9. The Pedigree of James Percy which proves him to be Cousin and next Heir-Male to Josceline the late Earl and Heir-Male of the Body of Henry Percy the Fifth Earl of Northumberland Descended from Sir Ingleram Percy his Younger Son who was Innocent and his Issue remains untainted to this Day Pag. 12. THere was a Petition presented to the King and Council But the Result of the Board was The Cause lay not before them but before the Parliament And the Kings most Gracious Answer to the Claimants first Petition was God forbid we should hinder an Heir but that he should have the Benefit of the Law And now his Majesties further Gracious Answer is to this Last following Petition Presented into his Majesties sacred Hand the 21st of September 1679. as Sir John Birkenhead did inform the Petitioner this 24th Instant 1. As to the Writ of Summons to Sit in the House of Peers His Majesty replyes He cannot Grant it by reason the Cause had been before the House of Lords And that it must be Determined by them before his Majesty could Grant the said Writ of Summons 2. As for that Act of Parliament the Lord Ogle was indeavoring to
the Defendant Mr. Blakeston should not stand upon Priviledge but go on to Tryal Then the Lord Chief Justice Scrogs stood up and said Mr. Percy if you will lay down the 90 l. Mr. Clerk's Cost in Court the Lord of Essex will not insist upon Priviledge and we do promise you shall have a fair Tryal Whereupon the Money was tender'd accordingly and the 90 l. was got out of Court before he had notice by his Attorney Mr. Hancock or before the Tryal was ended And in truth the 90 l. the Opponents ought not to have had by reason the 90 l. Cost ought to have been set aside upon their own Demurrer Moreover it is to be noted that Sir George Jeffreys was Councel for the Plaintiff at the fore part of the Tryal and had taken 40 s. a Retaining Fee and 3 l. a Pleading Fee and had the Petitioner's Breviate but at the latter part of his Tryal pleaded against the Petitioner notwithstanding the Plaintiff tender'd him new Fees and complained of him in Court. All which caused the Plaintiff to Appeal to the Parliament by two Writs of Error to have the Errors argued and his Title to be brought to an Issue to be call'd to the Place and Seat of his Ancestors according to his Birthright That the Kings most Excellent Majesty hath been graciously pleased to referr your Petitioner to the Lords in Parliament to hear and determine his said Cause and to that purpose he hath been at vast Charges in renewing his two Writs of Error after every Prorogation and his Attorney hath received 60 l. only for the Kings Hand besides all other Charges which far exceeded And his said Attorney did promise your Petitioner to get all his Breviates in a readiness against the Tryal but did altogether fail as the printed Petition hereunto annexed makes appear Moreover he told your Petitioner sometime before that he could have had a hundred Goineys to betray your Petitioner and some other of your Petitioners Councel have been tempted with Bribes but they were so Just as to refuse And now the Agents have surprized your Petitioner for they knew the Error must have been proved against the Plaintiff Mr. Blakeston so that they would not take their Cost for that days disappointment according to the prayer of the printed Petition but have obtained the Writ of Error to be dismist the Lords House without any fair Hearing so that all they have done and do is by way of surprizal to tire the Claimant out of his just Right He therefore most humbly beseeches the Honourable House of Commons as he is yet but a Commoner that for the Glory of God the Honour of our King and Kingdom to stand up for Justice so that Property and Right may be preserved and the Oppressed may be relieved for this is the 11th year of your Petitioners Claim And intercede with the Kings most Excellent Majesty and the Right Honourable Lords Spiritual and Temporal not to suffer a Loyal Subject to be over-powered but that his just Claim may be heard with patience and determined in Justice and that your Petitioners Bill may be made an Act to restore the true Heir to his Birth-right and that the Title and the Estate that is now dispersed into several hands may be forthwith settled by an Act of Parliament And he shall ever pray Near 300 l. the two Writs of Error have cost for putting into Parliament continuing and renewing after every Prorogation and now they have Execution upon Blakeston's Writ of Error before the Case is heard The Attorney-General said Mr. Percy Now you have no where to Appeal but to Heaven But if Justice be not done on Earth we may fear Gods Vengeance will come from Heaven Therefore the Petitioner is forc'd to Appeal to those Worthies in the House of Commons for Justice and therefore he hath annexed the printed Petitions To the KINGS most Excellent Majesty And to the Right Honourable Lords Spiritual and Temporal in PARLIAMENT Assembled The Humble Petition of JAMES PERCY SHEWETH THat after your Petitioner's Complaint against his Attorneys James Hooton Edward Fyfield and John Hancock Mr. James Hooton one of your Petitioner's Attorneys understanding the Complaints against him sent the Writings by his Man which came too late out of which Papers his Breviates ought to have been drawn which doth testifie the Truth of your Petitioner's Complaint and what he offered to confirm upon Oath before your Lordships Therefore your Petitioner most Humbly prays That the two Writs of Error may be continued between Percy Plaintiff and Blakeston Defendant and Utting Plaintiff and Coppleston Defendant and that his Councel that he hath Retained formerly may be allowed your Petitioner to argue the said Cause that is to say Sir William Jones Serjeant Pemberton and Serjeant Simpson and that a new day may be ordered now his Witnesses are in Town and desires no longer time then his Councel may well consider And further prays That a moderate Costs may be tax'd upon account of the Attorneys Negligence And your Petitioner shall ever pray c. JAMES PERCY It is hoped that the Neglect of the Attorneys shall not destroy a man's Birth-right Title and Inheritance Your Petitioner's Cause being before your Lordships to hear and determine therefore humbly prays that a new day may be Ordered before his Witnesses be dispersed To the KINGS most Excellent Majesty in PARLIAMENT The Humble Petition of JAMES PERCY SHEWETH THat this annexed Petition fairly writ was presented at the Bar of the Lords House the 10 th Instant That your Petitioner is at a vast Charge in keeping his Witnesses in Town waiting for an Order and a Day appointed according to the prayer of the said Petition He therefore prays That your Majesty would be graciously pleased to call for the said Petition and cause it to be Read and that a short day may be appointed that a fair Hearing may be had to find out the Truth and that Justice may be done accordingly And let it not be said in England that the Innocent are punished and the Guilty go free But call to mind how merciful God hath been in Restrring your Majesty Even so in pity Restore your poor distressed Subject And he shall ever pray c. JAMES PERCY This Petition was presented into his Majesties Sacred Hand the 15 th of December 1680. To lose such an Opportunity as offered on Thursday last and now to trouble so good a King so oft doubles your Petitioner's sorrows And that which adds to your Petitioner's misery is that he cannot dispose of his Witnesses till a positive Order be had for which he humbly prays Note these three following Presidents I. THe Lord of Newport begg'd the Percies Land of the King for the Duke of Monmouth when the Duke was in France but at the Duke's return Percy the Claimant waited upon the Duke to know his pleasure and told him That my Solicitor had betrayed me for the Percies Lands were begg'd without the
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
Tryal which is good Cause of Error As the Claymant hath laboured to find out the Truth even so he doth most humbly pray That all Wise Learned and Conscientious men may take Courage like the Lord Chief Justice Hayls and his Brethren and strictly inquire into the very bottom of the matter and to set aside all mistakes and set up Truth and maintain and speak cordially to and for Justice this being the only way to clear the Innocent and put a stop to Oppression And the Relieved as in Duty bound shall ever pray for his Majesties long Life and the Prosperity of Him His Realms and Kingdoms The above Claymant had two Petitions read in Council 21 July 1680. and rejected It seems it was objected that the Man whom the Claymant claimed under must be a Grandfather at eight years old It is hoped the account aforesaid will justly satisfie and procure a right understanding at the second hearing before the Lords in Parliament And there being no president as the Claymant is informed that the Orders of this House do perpetually bar where the party hath not been fully heard For Henry 5th Earl had Sir Ingelram who had Henry and he had Henry who had James the Claymant This Truth is as clear as the Sun at Noon-day and blows over the misty mistake of Claiming nnder Sir Richard Percy It was the putting down of the Court of Wards and setting up of Priviledges on all sides against the true Heir-male and the general neglect of the Heralds in the Collateral Line and the treacherous Actings of his Solicitor did obstruct and delay all this time Moreover the Lord Ogle that married the Lady Elizabeth Percy hath endeavoured to change his Name from Cavendish to Percy and also to have obtained an Act of Parliament to settle and confirm upon him the aforesaid Lord Ogle all those Lands which are annexed to the Title and Earldom of Northumberland which Lands formerly were firmly settled upon the Heir-males of the Percies for ever See the Records and the Verdict exemplified and pray a stop may be put to the Lord Ogle's Act of Parliament by reason the Lands are begg'd bought sold and scattered The undoubted Right and next Heir-male of the Percies in Bloud and so proved at Law and therefore he most humbly and earnestly prays That an Act of Parliament may be had to restore him to his Birth-right Title Estate Preheminence Priviledges Place and Seat of his Ancestors As it hath been done heretofore to several of the Percies the Earl of Kent and others This being the 11th Year of the Claim of JAMES PERCY Who humbly Beggs Prays and Cries for speedy Justice To the Kings Most Excellent Majesty The Humble Petition of JAMES PERCY Son of Henry Percy Grand-Son of Henry Percy Great Grand-son of Sir Ingleram Percy Great great Grandson of Henry Percy Fifth Earl and Couzen and next Heir-Male to Jocelin Percy the late and Eleventh Earl of NORTHUMBERLAND Deceased SHEWETH THat Your Petitioner hath near upon Ten Years prosecuted his Birth-right and still continues his Claim to the Title Honours Manors Lands Preheminencies and Priviledges that the Rights belonging to the Heirs-male of the Percies Family as they are annexed to the Earldom of Northumberland That upon the first Address Your Petitioner humbly made to your Majesty in order to obtain his Right Your Majesty was Graciously pleased to return for Answer God forbid Your Majesty should hinder an Heir but that He should have the Benefit of the Law That upon his Application to the House of Lords after some short pleadings his Councel moved thar the Cause might be left to the Law for his Legitimation that he might more Regularly come before their Lordships which was accordingly done That he hath pursuant to their Lordships order obtained a Verdict exemplified under the Seal of your Majesties Court of Kings-Bench That He is truly and legitimately descended of the Blood and Family of the Percies of Northumberland That upon Your Petitioners Humble Application by way of Petition to Your Mamesty praying your Royal Writ of Summons to call Your Petitioner to Sit in the House of Lords Your Majesties Gracious Answer was That You thought it not Convenient until the Petitioners Cause was Determined by the Lords That the Parliament being by your Majesties Royal Prerogative again Prorogued it much encourageth your Petitioners Opponents and weakens your Petitioner in his Dependencies having been Published in the Gazet formerly for an Impostor whereupon by the contrivance of his Solicitor the Lands were begg'd in the Name of the Duke of Monmouth and others That during the time Your Petitioner was prosecuting his Right at Law the potent Defendants put him off so long by Priviledge of Parliament till George Fitz-Roy was Created Earl of Northumberland And now it is divulged in Print that the Lord Ogle hath changed his Name from Cavendish to Percy All which forces your Petitioner to flie to Your Sacred Majesty for Relief Protection and Justice That it is the Opinion of your Petitioners Councel That your Majesty of your own Princely Prerogative without any Declaration of the Lords may Restore your Petitioner to his Birth-Right Title Honors and Estate that depends thereon Your Petitioner therefore most humbly prays your Majesty in whom solely lies the Creation and preservation of Honour and Nobility to Declare your Royal pleasure for his Ascending the Sphere and Dignity of his Ancestors Or to graut unto your Petitioner that hath groaned under Ten Years Oppression without decision of his Claim such Yearly Pension as may support him until his Cause come to a final Determination And Your Petitioner shall Pray c. JAMES PERCY THis Petition was presented into your Majesties Sacred Hand the 18. of December 1679. and Sir William Glascow Master in waiting order'd the Petitioner to call for an Answer the 22th Instant which the Petitioner accordingly did but then found no opportunity to speak with him The Petitioner attended the 23. instant and then Sir William returned this Answer by his Maid-Servant That he was buisie with some Friends and that the King would hear nothing until after Christmas-Eolidays That the Petitioner went to the Secretaries Office to get this following Advertisement to be entred into the Gazet but it would not be allowed which did much dissatisfie your Majesties Loyal Subject to think that the True Heir looking after his Birth-right should be put into the Gazet for an Impostor when as he hath proved himself at the Court of Kings Bench by Twelve honest Jury-men to be the true Percy and the only Heir-male to the House of Northumberland It is very sad when a lost Dog shall find Entrance into the Gazet and a Just Man be kept out The Advertisement refused is as follows Advertisement WHereas the Lord Ogle is published in print to have changed his Name from Cavendish to Percy upon his Marriage with the Lady Elizabeth Percy James Percy Esq the true Heir-Male of the Blood of the House
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
Pray c. JAMES PERCY THis Petition was offer'd to His Majesty the 24th of January 1680 1. and His Majesty was pleas'd to say He would not receive it But said You may go where You please Which Saying was taken for an Answer to that Petition presented the 17 of January Wherein it was to be understood the Petitioner had prepared his Complaints for the House of Commons It is to be noted That the Gentlemen who attended the King said Yonder is the E. of Northumberland with a Petition why should Your Majesty trouble Your self with it had You not one the other day reject it I have found His Most Excellent Majesty hath been inclinable to Justice all along but still is obstructed by one means or other But the plain Truth is His Majesty would not be seen to give and ungive at his own pleasure His Majesty being mistaken in his Guifts Therefore was Graciously pleased the Lords should Hear and Determine the said Cause And to that purpose did come down to the Bar in the House of Lords to hear the Cause Himself but was disappointed as by the Petitions and Affidavits appear But the said Cause having been continued a long time at such a vast Charge and then to be slightly blown over without a fair Hearing all the World much admires For the clearing up of the Pedigree would have confirm'd the Errors Therefore Your Petitioner Appeals to the Honourable House of Commons And most Humbly and Earnestly prays your Assistance to enquire the Reason why and how the Writts of Errors came to be dismist And that they may be Re-manded back that a fair Hearing may be had according to the Prayer of the Petitions Or that You will be pleased to cause the Heralds to enquire into the Truth of the Claimants Pedigree And that He may be call'd from the Kings Bench Prison to the House of Peers to take the Place and Seat of his Ancestors Earls of Northumberland And Your Petitioner shall ever Pray c. JAMES PERCY Right Honourable I Am your Cousin though a Prisoner descended from the Body of Henry Percy 5th Earl of Northumberland By which Descent I am Cousin and next Heir-male to Josceline Percy your Father the hite and 11th Earl of Northumberland Deceased A Prison is a Grave for Men alive But when Naboth was ston'd to death then Ahab took possession of the Vinyard 1 Kings 21.18 And walking in the Garden among the Beds of Pleasure then God sent his Prophet Elias to tell Ahab of his Transgression notwithstanding he was a King Ezekiel 46.18 When Belshazzar wac quaffing in the Gold and Silver Vessels of the Temple then appear'd the Hand-writing upon the Wall Dan. 5. When your late Husband the Lord Ogle went about to assume the name of Percy and to have the Percies Lands settled upon him by Act of Parliament then God call'd him to Accompt Therefore let Your Ladiship do Justice speedily and submit to Truth in Time for fear God calls You to Accompt also I believe Your Servants and Agents have rendred Me to You to be a Monster and not a Man Be not too subject to Believe Them but see with your own Eys and hear with your own Ears and admit Me into Your presence for I have somthing to offer that will add Fame to Your Honour and Rank You with those Two Worthy Women of our Family the Lady Agnes Percy who preserved the Percies Name and the Lady Lucy that settled her Estate upon the Heirs Males of the Percies for ever And for ever that Estate must attend the Title And the Fines can never be recover'd but by the true Heir-Male of the Percies Mr. Gee can inform You if he pleases how I was at Petworth in the Year 1654. And then and there made my Claim as I do now And before Mr. Clark's Tryal Your Agents with their Councel would have own'd Me to be the next Heir and would have assisted Me for the Title with their Books Pedigree and Records And also how I met with Mr. Champian and Mr. Gee at Doctor Lampley's House and there made out my Pedigree clear only I could not find out my Great Grand-fathers Name First it was a very hard Name And Secondly Mr. Champian kept it secret till he was forc'd to declare upon his Oath that Sir Ingelram Percy was Married and had Sons and Daughters at Sir John Coppleston's Tryal for Cannington and Rodaway Lands in Somersetshire Thirdly The Heralds had altogether neglected the Collateral Line of the Percies Now all my Aim is really to beget a right understanding so that I may remain Your Ladiships Real Cordial and Faithful Kinsman and most Humble Servant JAMES PERCY What I have to declare to your Ladyship is not convenient to be committed to writing but assure your self it really tends to your present Welfare and future Peace and Prosperity An Answer will find me in the Kings-Bench-Rules at the Written Table at Captain Dancer's House in Lombard-street near the Bowling-green in the Borough of Southwark This Letter was presented the day of the date hereof and the Claymant hath printed it that the world may see that a true Percy is not ashamed of his Innocent and Just Cause nor affraid of his Potent Opponents For he whom I trust in is greater than they 5 Eccles ver 8. ☞ NOw in these our days there is no Prophet God Michaia Elijah nor Interpreters of Dreams like Joseph and Daniel that dares presume to speak to Kings as they did in those days Therefore James Percy the true Heir male of the Percies Earls of Northumberland humbly makes bold with the Prophet Ezekiel cap. 46. ver 18. Moreover the Prince shall not take of the Peoples Inheritance by oppression but he shall give his Sons Inheritance out of his own Possession that my People be not scattered every man from his Possession The King 's Most Excellent Majestie 's Gracious Answer was to the Claimant's first Petition in 1670. God forbid that we should hinder an Heir but that he should have the Benefit of the Law And to that purpose His Majâ—sty ordered Sir John Berkenhead Master of Reequests then in wâ—iting to go to the Attorney General to know why he refused to sign the Co-warrant which the Claymants Sollicitor Mr. Thomas Swain presented to him to sign But the Attorney General said He could nâ—t sign Percie 's Co-warrant by reason that he was of Council for the Countess of Northumberland And the Court of Wards being put down did much â—â—dernize the Claimant in his Proceedings and to less than nine several Persons have stood upon and been shâ—â—ter'd under Priviledge which hath been the cause of delay all this time And from that time Mr. Swayn the Claymant's Sollicitor began to play the Devil with two sticks for whilst James Percy was prosecuting the Law and delivering Declarations in Ejectments in the North the Sollicitor had contriv'd the business so as the Title and Lands were begg'd dispos'd and scatter'd