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
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
THIS BOOK Makes appear the Claim Pedigree and Proceedings OF JAMES PERCY Now CLAIMANT to the EARLDOM OF Northumberland Humbly presented to both Houses of Parliament Printed in the Year 16â—â— THis Preface is only to tell the Readers that all new matters are still placed in the Front of this Book which seems Irregular but read this with Patience and in time it may be Regulated and put into a due Form In short I cannot nor must not forget Truth and Justice nor the Actions of just Men. For Sir Thomas Percy K nt was courted to take upon him the Title and Earldom of Northumberland but he refus'd it because he knew himself to be Descended from Sir Thomas Percy K nt Lord Egermond 2d Brother to Henry Percy 3d. Earl of Northumberland Captain Percy of Beverly did look after the Earldom of Northumberland and to preserve the name of Percy but he left off his Claim by reason he sound himself to be Descended from one of the Brothers of Henry Percy 5th Earl of Northumberland c. Now Sir Ingelram Percy K nt was the 3d. Son of Henry Percy 5th Earl of Northumberland who had 2 Sons viz. 1. Henry had Issue 3. Sons James William Henry James Claimant 2. Robert had Issue 3 Sons Robert Thomas one more Alexander Roger Francis God hath not set the Half-moon in vain upon the Claimant but the World may look upon it to be the Almighties Candle to find out the true Heir-Male James Percy Now for Alexander Percy Gent. of Ireland that rides in the Life-guard and Mr. Roger Percy Shoe-maker at Charing-cross and Mr. Francis Percy Stone-cutter in Cambridge and his Brother a Taylor I acknowledg them to be Cousins and Descended from the Sons of Robert Percy my Great Vnkle And by reason I know not which is the Eldest and nearest of Kin of thâ— Collateral Line Thereforâ—â— most humbly pray That the Heralds may take notice and help them to find out the truth of Seniority For my Cordial Endeavours are to preserve the Moon from being Misted or Eclipsed any more HENRY PERCY 5th Earl of Northumberland Married and had Issue 3 Sons viz. I. Henry Percy 6th Earl of Northumberland Married and dyed without Issue II. Thomas Percy Married and had Issue But when Josceline Percy the 11th Earl dyed the Heirs Males of this Line were Extinct also III. Sir Ingelram Percy Married and had Issue 2 Sons viz. Henry and Robert Henry Percy Eldest Son Married and had Issue 3 Sons viz. James William and Henry But the 2 elder Brothers dyed without Issue-male Henry Percy Third Son Married and had Issue 3 Sons viz. Henry James and Henry But the two Henries dyed young James Percy the now Claimant Married and hath 3 Sons viz. Anthony Henry and John Anthony Percy is Married and hath Issue Henry Percy Grandson of James Percy the now Claimant The following Account makes out this Pedigree fully and at large down from Henry Percy 5th Earl of Northumberland to the Claimant James Percy his Sons and Grand-son Henry Percy A True Pedegree to prove the Claymant James Percy to be the second Son of Henry Percy of Horton in the County of Northampton who was third Son of Henry Percy of Parvenham in the County of Bedford who was the eldest Son of Sir Ingelram Percy K nt who was the third Son of Henry Lord Percy 5 th Earl of Northumberland By which Descent the Claymant is Cousin and next Heir-male to Joscelin Percy the late and 11 th Earl of Northumberland Deceased HENRY Lord PERCY Fifth Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan and Knight of the most Noble Order of the Garter Who married Katherine one of the Daughters and Co-heirs of Sir Robert Spencer Knight by whom he had Issue 1st Henry Lord Percy 6th Earl of Northumberland who Dyed without Issue 2d Thomas Percy Knight who was Executed had to Wife Eleanor one of the Daughters and Co-heirs of Sir Gwichard Harbottle Knight by whom he had Issue Thomas the 7th Earl of Northumberland who was beheaded at York and dyed without Issue-male And Henry the 8th Earl of Northumberland whose Issue is incerted hereafter 3d. Sir Ingelram Percy Knight who was married as by the Oath of Mr. Henry Champion who kept the Books and Records of the Percies Henry Lord Percy 6th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan Knight of the most Noble Order of the Garter who Dyed at Hackny near London the day before the Calends of July 1537. leaving no Children behind him The Dignity of the Earl of Northumberland was vacant till the time of Edward VI. John Dudly Earl of Warwick Viscount Lisie Lord Basset and Tyes was intituled Duke of Northumberland the 5th year of King Edward VI. But when he was Dead Thomas Percy Nephew to this Henry by Thomas his Brother who was Executed In the Reign of Qu. Mary was restor'd to all the Honours of that Family Thomas Percy Nephew to Henry 6th Earl of Northumberland by his Brother Thomas when the stock of the Percies were fading to their Relief was invested to the Earldom of Northumberland which the Earl of Warwick held before and thereby was the 7th Earl of Northumberland of that Family Lord of the Honours of Cockermouth Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan Queen Mary bestowing those Honours upon him and his Heirs Male and for want of such Issue Then to Henry his Brother and his Heirs Male by her Letters Patents dated the first day of May 1557 and whatsoever else of the Antient Patrimonies of the Earls remained Seised or Forfeited But if He should die without Issue Male Then it should go to his Brother Henry and his Issue Male. And although to Honour him the more Queen Elizabeth made him Knight of the most Noble Order of the Garter Yet He unmindful of all these Benefits Conspir'd with Charles Earl of Westmerland to Depose by Force Qu. Elizabeth So by Authority of Parliament he was Condemned for High Treason and as Chief in the Conspiracy was beheaded at York 14th year of Queen Elizabeth Who married Anne the Daughter of Henry Somerset Earl of Worcester and had Issue Male Thomas that dyed young and 4 Daughters Heirs Males Extinct And Henry Percy 8th Earl of Northumberland Lord of the Honours of Cockermouth Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan all which Honours he enjoy'd by virtue of the Letters Patents given by Queen Mary to his Brother Thomas and was Created Anno 1574. He was after accused of Treason and being in the Tower of London slew himself with a Dag charg'd with Two Bullets before his Cause was heard or that he was Arraigned in the Month of July 1585. ARMS Quarter'd as before Who married Katherine one of the Daughters and Co-heirs of John Nevel Lord Latimer by whom he had Issue 1. Henry the 9th Earl 2. Thomas
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