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B09715 The further proceedings of Mr. James Percy since the seventh of October, 1686. Percy, James, 1619-1690? 1686 (1686) Wing P1457; ESTC R181652 2,336 2

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The further Proceedings of Mr. JAMES PERCY since the Seventh of October 1686. A Warrant to Search for Mr. James Percy Pedigree I Do hereby Order and Appoint that the Officers of Arms do at the ●●xt Chapter to be held in the Colledge of Arms Search what they have if any thing relating to 〈◊〉 Pedigree of Mr. James Percy and Certifie to me what they shall find touching this Matter 〈◊〉 under my 〈…〉 Seal the 9th day of October 1686. To the King's Heralds and Pursivants of Arms. Norfolk c. Marsh This Warrant was received into the Heralds Office the 12th of October 1686 To Sir Thomas St. George October 18th 1686. Sir AS I have obtained the Earl Marshal 's Order for a Chapter which will be on Thursday next as I am informed therefore I humbly pray your Order of Summons in time to attend the Chapter with my Witnesses and Proofs to him who shall ever Pray and Act for Justice James Percy In Answer to this they say There will not so many Meet as will make a Chapter which Notice is no way answerable to the Earl Marshal's Order to Them nor Justice to Me who have been kept out of my Just Right Seventeen Years come May next by Priviledge an● Delays Now here lies my Cause The Register Books of several Counties are here with me and when my Tryal is over the Witnesses will be gone and must take the Registers of their seve●al Parishes back with them moreover a Chapter before the Tryal brings things into their proper sphere but a Chapter after the Tryal is like setting the Cart before the Horse To the Duke of Norfolk Great Sir SIR Thomas Stringer presents his Service to your Grace who by reason of the Gout cannot writ upon your Grace therefore he hath directed me to declare the Matter of my self I wait for Admittance and pray Audience that I may Remain Your Grace's most Humble Servant October 20th 1686. James Percy Finding the Earl Marshal to be gone into Norfolk therefore I find I cannot expect a Chapter before the Tryal and that the Gentlemen at the Chapter Board may inform themselves at my Tryal the 4th day of the Term the 26th Instant I Subpaena them that they may be able to give His Grace an Account according to His Warrant directed to them Sir Thomas St. George Garter King at Arms Subpaena'd 〈…〉 Sir John Dugdale Norroy the Subpaena with a Shilling left upon the Chapter Board for him The 20th Instant I presented my self with my Witnesses and several Registers which they would not read nor admit to come in therefore the Heralds and their Books ought to be the more strictly inquired into and when the Short Pedigree is fully Proved then the Great Pedigree ought to be Confirmed accordingly therefore pray the Order of Court to His Grace the Duke of Norfolk Earl Marshal of England to Confirm the Pedigree of James Percy John Percy Plaintiff Daniel Hew●t Defendant On the 26th Instant the Tryal was put off till the 4th of November 1686 by reason the Witnesses at Perworth the Heralds Books at Cambridge and other Witnesses did not appear The Defendant's Council did insist upon the Misclaiming under Sir Richard Percy which Errour is owned by the Claimant But the Heralds Books and Henest Witnesses will remove that Scandal so as the Plantiff's Pedigree will be proved clear from all Attainders and to remain a Loyal Subject till Death James Percy October 28 1686. AT a Chapter held in the Colledge of Arms it was there found That Sir Ingelram Percy was the Youngest Son of Henry Percy Fifth Earl of Northumberland and that Sir Ingelram's Sister Margaret Percy was Married to Henry Lord Clifford the First Earl of Cumberland Then the Claimant offered to prove up to Sir Ingelram Percy who had Henry Percy who had Henry who had James Percy the Claimant by Register Books and Witnesses then attending upon the Chapter-Board But Sir Thomas St. George Garter King at Arms stood up and said That they had no power to administer an Oath to any Witnesses at all for that the Earl Marshal's Order was only to search for what they could find in the Heralds Office Therefore what was Proposed must be Proved at the Tryal at Law It is the Opinion of Council that the Claimant should have a true Copy of the Account returned to his Grace the Duke of Norfolk Earl Marshal of England that those Honourable Judges at the Tryal may be throughly inform'd with the Truth of the Matter October 29 1686. Printed and Presented to the Chapter-Board by James Percy John Percy Plaintiff Daniel Hewit Defendant THE Fourth of November 1686. the Tryal was had before Sir Henry Bedingfield Lord Chief Justice of the Common Pleas where it was moved That the Plaintiffs Pedigree might be Proved by reason Sir Thomas St. George Garter King at Arms and Sir Henry his Brother Clarenceux were present to hear the Colateral Line Proved by Witnesses and Register-Books so as they might then have the Truth to inform the Earl Marshal of England what was found at the Law as well as what was found in the Heralds Office By which Answer to His Grace's Order the Pedigree might have been Confirmed by a Chapter but the Opinion of the Court was That the Settlement of the Lands must be Proved first at which the Plaintiff replied What signifies the Lands if I Prove not my Pedigree Then did the Plaintiff present his Records to Prove to that Effect but the Councils would not offer them to be read but pretended they was not prepared which caused a Non-suit Nevertheless Petworth is the Ancients Seat belonging to the Percys for that Estate is settled upon the Name of Percy as Arundel is upon the Name of Howard As the Council kept back the Record which lost the Tryal in October 1681. so the Councils not putting forward the Record caused the Non-suit The 90 Costs so unduely got out of the Court by the Defendants ought to be ●●●sidered to the Plaintiff that moderate 〈◊〉 〈◊〉 〈◊〉 taxed Therefore the Plaintiff humbly and earnestly prays that His Grace the Duke of Norfolk Earl Marshal of England will be pleased to give His further Direction to His former Order that the Chapter may inspect into the Colateral Line and see the Church Register-Books and read his Depositions of his dead Witnesses and hear the remainder of his Witnesses viva voce ☞ Whereas there is three Records lost First The Restitution of Thomas of Percy Seventh Earl of Northumberland Secondly A Creation of the Baronies Thirdly The Creation of the Earldom of Northumberland Pray deliver them to Mr. Hayles the Plaintiffs Attourney Turn over Printed the Sixth of November 1686. by James Percy