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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A35614 The case of James Percy, claymant to the Earldom of Northumberland with an impartial account of the proceedings he hath made in the several courts of justice in order to the proving and obtaining his right and title to the said Earldom : humbly addressed to the Kings Most Excellent Majesty, and the Right Honourable the Lords spiritual and temporal in Parliamnet [sic] assembled. Percy, James, 1619-1690?; Grey of Ruthin, Charles Longueville, Baron, 1618-1643. 1685 (1685) Wing C923; ESTC R219212 14,579 14

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Tryal was over the Court of Kings-Bench risen and the Judge going to his Coach the late Earl of Shaftsbury meeting him at his Coach sayd thus to the Judge My Lord I hear Mr. Percyes Tryal was to day I pray What do you think of him To which the Lord Chief Justice Hales with much earnestness replied I verily believe he hath as much right to the Earldom of Northumberland as I have to this Coach and Horses which I have bought and paid for ☞ Note The Earl of Shaftsbury when he was Lord Chancellor of England was by Agreement with some of the Adversaries to have had Lands of the Percies to the value of 30000ll for what purpose let the prudent and unprejudiced judge After this the Claymant pursuant to Judge Hale's Intimation endeavoured to search higher for his Pedigree and for that purpose repaired to the Right Honorable and truely Noble and Vertuous the then Countess of Dorset Pembroke and Montgomery at Appleby-Castle at such time as Judge Wild and Judge Ellis in their Circuit Dined there when and where after a long discourse had between the said Countess and the Claymant touching his Claym to the Earldom of Northumberland and inquiry after his great Grandfather the Countess in the presence of Sir Thomas Stringer and Sir John Otway said thus to the Claymant If you be of Kin to me you must be Descended from those Children that were sent into the South in Hampers in the Troublesom times in Queen Flizabeth's Dayes which proved a happy intimation to the Claymant for thereby he at last arrived to the knowledge of his Great Grand Father as in the Pedigree Some short time after this the Claymant brought an Action in Ejectment in the Court of Kings-Bench for Cannington and Rodway in Somersetsh●re against Sir John Coppleston Trustee for the Lady Clifford against which Sir John sheltred himself under Priviledge for a considerable time but at length to wit In the Term as the Records will make appear this Tryal came on where the Claymant fully proved his Pedigree and that he was Cousin and next Heir-Male to Jocelin Percy late Earl of Northumberland and it is especially to be Noted That whereas at the first Hearing in Parliament the Adversaryes produced one Sir John Hanmer who deposed That Sir Richard Percy dyed in France Anno 1648. and was never Marryed but was Buried with Ribands and Gloves as a Batchellor Now at this Tryal with Sir John Coppleston the Claymant proved by Mr. Henry Champion who kept the Books and Records for Algernoon Tenth and Jocelin Eleventh Earls of Northumberland that he found in those Books and Records that Sir Ingelram Percy was Married and had Sons and Daughters And the Court then Declared That the Claymant had fully proved his Pedigree and Right of Claim and willed him to proceed to the Title of the Lands in question unto which the Claymants Councel replyed They had proved his Pedigree and Right and conceived the Lands must attend that and that they relying therein were not prepared nor Instructed to proceed further than to prove the Claymants Legal Lineal Descent Whereupon for want of certain Evidences and Records touching the same Lands then in the Defendants Custody a Non-suit was had against the Claymant and Seventy Pound Costs Awarded ☞ Note Upon payment of these Costs Sir John Coppleston Offered to the Claymant That if he would relinquish his Right to those Lands in Sommersetshire he should have some consideration for the same and further That he the said Sir John Coppleston would furnish the Claymant with such Writings as should enable him to recover above 5000. Per Annum good Lands The Claymant brought another Action of Scandal against one Mr. Wright another of the Adversaries Agents for the like Scandalous words with those spoken by Clark This Cause was tryed before the Lord Chief Justice Rainsford where the Claymant proved his Legitimacy and Pedigree by several Witnessess so fully and clearly and to that fullness and Satisfaction that before he had Examined half his Witnesses the Lord Chief Justice Rainsford stood up and said You Gentlemen of the Jury We need not trouble the Court further in Examining any more of the Plaintiffs Witnesses by reason his Pedigr●● hath been fully pooved before at a former Tryal at the Bar of this Court So a ●erdict passed for the Claymant But when the Jury brought in but Three Hundred Pounds Dammages the Lord Chief Justice was angry with them for not giing the Plaintiffe greater Dammages Note This Verdict and the Judgment there upon is Exemplified In June 1676. The Claymant brought another Action of Scandal in the Guild-Hall London against John Blackstone Esquire Agent for the Lady Elizabeth Percy who kept her Courts and had spoke the like scandalous words against the Claymant in delivering his Charge to the Juryes and Tennants That Blackston Removed the Cause into the Court of Kings Bench. May 7. 1677. Appointed by the Court for Tryal and the Master of the Office attended by both sides a Jury struck the Claymant prepared for Tryal brought up Sixty-Five Witnesses several of which came from the most remote parts of the Kingdom the Travel in Sommoning and bringing them to London above Four Thousand Miles The Charges thereof and in retaining and feeing fourteen Councels for the Tryal amounting to above Four Hundred Pounds At the day appointed the Claymant attended with his Counsel and Witnesses prepared for Tryal when the Defendants Counsel Insisted the Defendant was priviledged as Agent of the Countess-Dowager of Northumberland that he was Steward of her Courts and Receiver of her Rents and therefore if the Claymants Councel proceeded to the Tryal it should be at their Perils which so awed them that they refused to Plead declaring they had no mind to go to the Tower Some of them having been there upon the like occasion before And so the Tryal was put off at which the Court seemed much disatisfied and particularly Mr. Justice Wild stood up in open Court declaring his resentment of the Adversaryes practises in these words viz. Fye fye Gentlemen Is this a time to insist upon Priviledges when you forc't the Plaintiff to this Tryal and have put him to so great Expence Travel and Labour You do but cast cold Water upon your Cause It is not the first time this Cause hath been before this Court After this Blackeston sheltring himself under the late Earl of Essex's priviledge the Countess Dowagers being taken off by Order of the House of Lords upon another occasion the Clayment Petitioned the House of Lords to discharge Blakestons priviledge under the Earl whereupon an Agreement was made between the Earl and the Clayments Councel that the Clayment paying Ninety Pound Costs into Court then unpaid upon the Non-suit against Clarke Blakeston should not stand upon Priviledge but go forth-with to Tryal whereupon the Claymant paid the Ninety Pound Costs into Court there to remain until a fair Tryal had and the 11th