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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	lord_n	privy_a	6,059	5	11.5175	5	true

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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

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 Assembled Prov 8. 15. By me Kings Reign and Princes Decree Justice LONDON Printed in the Year 1685. HENRY PERCY Fifth Earl of Northumberland Married and had Issue Three 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 died without Issue-Male Henry Percy Third Son Married and had Issue 3 Sons viz. Henry James and Henry But the two Henryes dyed young James Percy the now Claymant 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 Claymant The following Account makes out this Pedigree fully from Henry Percy 5th Earl of Northumberland to the Claymant James Percy A True Pedigree 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 Pavenham in the County of Bedford who was the Eldest Son of Sir Ingelram Percy Knt. 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 ●●●herine 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 2. 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 Hackney 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 the VI. John Dudly Earl of Warwick Viscount Lisle Lord Basset and Tyes was Intituled Duke of Northumberland the 5th year of King Edward the VI. But when he was Dead Thomas Percy Nephew to this Henry by Thomas his Brother who was Executed In the Reign of Queen Mary was restored to all the Honours of that Family Thomas Percy Nephew to Henry the 6th Earl of Northumberland by his Brother Thomas when the stock of the Percies were fading to their Relief was invested in the Earldom of Northumberland which the Earl of Warwick held before and thereby was ●he 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 Queen Elizabeth So by Authority of Paliament he was Condemned for High Treason and as Chief in the Conspiracy was beheaded at York 14th Year of Queen Elizabeth That he Married Anne the Daughter of Henry Somerset Earl of Worcester and had Issue Male Thomas who dyed young and four 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 enjoyed those Honours by virtue of the Letters Patents given by Queen Mary to his Brother Thomas and was Created Earl of Northumberland Anno 1574. and 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 〈◊〉 Bryan and in his Mothers right Lord Latimer He was Knight of the most Noble Order of the Garter by Queen Elizabeth in the Year of our Lord 1593. Who Marryed Dorothy Daughter of Walter 〈◊〉 Earl of 〈◊〉 by whom he had Issue 1. Algernoon the 10th Earl 2. Lord 〈◊〉 who dyed without Issue Algernoon the 10th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne Bryan and Latimer Kinght of the most Noble Order of the Garter Lord Admiral of England and General over His Majesties Forces for his Expedition in Anno 1640. and one of his Majesties most Honourable Privy Council He Marryed Two Wives by the former he had four 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 Poyning Fitz-payne Bryan and Latimer Deceased Who Marryed Elizabeth Daughter to the Earl of Southampton by whom he had Issue 1. Henry who dyed young before his Father 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 was married and had Sons and Daughters as by the Oath of Mr. Henry Champion who kept the Percies Books and Records where he found

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

what h● testify'd upon Oath at the Tryal between Vtting Plaintiff and Coppleston Defendant He had Issue viz. 1. Henry Percy 2. Robert Percy and two Daughters About 1559. these four 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 Henry the eldest Son of Sir Ingelram Marryed the Daughter of one Tibbott 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 three Daughters Henry Percy Marryed Lydea 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 One Daughter named Elizabeth James the now Claymant born 1619. of Henry and Lydea his Wife who was 3d. 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 Sawyer of Norwich Gent. by whom he hath Issue 1. Anthony Percy Married and hath a Son viz. Henry 2. Henry 3. John In May 1670. Joscelin Percy late Earl of Northumberland departed this Life in parts beyond the Seas after whose death the Honours descended to the now Claymant ut per the Pedegree asoresaid October the 11th 1670. The Claymant Arrived in England to prosecute his Claime to the Earldom of Northumberland at which time it being given out that the Countess Dowager of the said 〈…〉 with Child the Claymant desisted untill the contrary was evident February the 3d. 1670. The Claymant entred in His Late Majesties Signet-Office at White-Hall hi● Clayme to the said Earldom as Cousin and next Heir-Male to Josceline and to the Title Stil● Honour and Dignity of Baron Percy and Earl of Northumberland Cum pertinent●● and to the Annual Rent or Fee of 20ll with which the said Honour and Dignity is endowed payable by the Sheriff of Northumberland out of the same County And at the same time entred there also his Cav●at that no Grant might be made thereof to any Person In the same Year 1670. The Claymant in Order to the Recovery of his Right applied himself to Sir Heneage Finch then Attorney General to His Late Majesty and desired him to sign the Claymants Quo Warranto In the same Year 1670. the Claymant humbly addressed himself by Petition to His 〈◊〉 Majesty for redress in that matter who was graciously pleased to send Sir John Birkenhead to the said Attorney General to demand of him from his Majesty why he did not sign the Claymants Quo Warranto who returned for answer That he could n●t do it as he was of Councel with the Defendant ●he Countess Dowager of Northumberland This Answer of the Attorney Generalls being signifyed to His Majesty he was pleased expresly to refer the Clymant to Sir Edward Walker and Sir John Birkenhead to inquire and search into the Claymants Pedigree for which purpose the Claymant attended them with his Councel Mr. Serjeant Brampston where the matter was debated and there then appearing some difficulty to find with certainty who was the Claymants Great Grandfather It was the joynt advise of Sir Edward Walker Sir John Birkenhead and Serjeant Brampston That the Claymant should at adventure Clayme under some one of the Family of the Percies and not delay his prosecution any longer they all then declaring to the Claymant that in case he pitcht upon a wrong Person to Clayme from yet it could not prejudice the Claymant for that on the contrary would be a means 〈◊〉 out the Right Person Pursuant to this Advice the Claymant took his descent from Sir Richard Percy as his Great Grandfather and the matter thereon coming to be heard before the Lords in Parliament Sir Richard Percy appeared to be too young to be the Claymants Great Grandfather Serjeant Pemberton then of Counsel with the Claymant Informed their Lordships of the Reason and Advice aforesaid of the Claymants fixing upon Sir Richard Percy as his Great Grandfather and that notwithstanding the mistake yet the same could not nor ought really to prejudice the Claymant as to any definitive Sentence to be passed thereon by their Lordships against the Claymant For that the matter of the Claymants Right and Claim ought first to be Tryed in the Inferiour Courts and in case the Truth of the matter could not be found out and determined at Law then and not before it was proper for their Lordships Judgment and Determination with which their Lordships were satisfied Upon this the Claymants Adversaries procured to be Published in the Gazets That the Claymant was an Impostor and at their Courts declared to the Tennants That his Name was not Percy but that he was a Bastard and that they could prove that Henry Percy who he declared was his Father was never marryed the Consequence of which evil and unheard of practices Was 1st Rendring the Claymant Odious to the World And 2ly Through the foul practice of the Claymants Sollicitor there was a misinformation given unto His Late Gracious Majesty of ever Blessed Memory who thereupon gave the Title and Land away which multiplied not only Enemies but Power against the Claymants Just demands In Order to the removing these Obstacles convincing the World of the Malice of his Adversaries and clear himself of these vile Imputations to assert his undoubted Right to the Honours and Earldom of Northumberland the Claymant brought his Action of Scandal against Mr. John Clerk one of the Adversaries principal Agents In 1674. The Cause came to Tryal Clerk having for a long time before sheltred himself under Priviledges of Parliament where notwithstanding the Claymant prov'd himself Legitimate by Father Mother Grandfather and Grandmother yet the Claymants Attorney with colusion and without the Claymants consent suffered a Non-Suite upon which the Lord Chief Justice Hale stood up and declared his dissatisfaction thereat saying in open Court That the Claymant had fully proved himself a true Percy by Father Mother Grandfather and Grandmother and of the Blood and Family of the Percyes of Northumberland and that he did verily believe the Claymant was Cousin and next Heir Male to Josceline Percy late Earl of Northumberland only he was afraid he had taken his Descent a little too low Nay the Jury then Impanneld and sworn upon the Tryal after the Tryal had a Treat given them by the Adversaries declared thus to Clark the Defendant in the Suit Sir You are beholding to the Claymant James Percy for suffering a Non-Suit for truly otherwise we must have given a Verdict against you for him his Pedigree was proved so clear Note The Damages in this Action was laid at 10000ll Note Immediately after this