obtain His Majesty was further pleased to say That the Petitioner might put in a Proviso that there might be a Saving to the Petitioner and to his Heirs as the Counsels learned in the Law should Advise To the KING' 's most Excellent Majesty The Humble Petition of James Percy Sheweth THat Your Petitioner hath these Nine Years industriously Prosecuted his Claim to the Titles Honors Priviledges Mannors and Lands c. that of Right descend to him as Cousin and next Heir-Male to Josceline Percy late and Eleventh Earl of Northumberland That there was a Bill presented to the Right Honorable Committee of Lords the last Session of Parliament for the Settling all those Lands by an Act of Parliament that of right attends the Title and Name of your Petitioner upon the Lord Ogle who Marryed the Lady Elizabeth Percy and would have Assumed her Name Which Act would have cut off the Right of the Heir-Males of the Percies for ever Notwithstanding Your Petitioners clayming the said Honors and Lands c. as afore-said although his Claym hath not been determined these Nine Years as above-said and now going on in the Tenth Year of his Claym May it therefore please Your most Excellent Majesty to give Command for Your Petitioner's Summons to this present Parliament by reason Your Petitioner hath proved himself the next Heir-Male in Blood to the Percies of Northumberland as by a Judgment and Verdict exemplyfied under the Seal of Your Majesty's Court of King's-Bench Moreover The Extreams of the Law which Your Majesty was Graciously pleased to refer Your Petitioner unto and the Potency of the Defendants is such that it forces your Petitioner to fly to Your Royal Majesty for Justice And he shall ever Pray c. A short Abstract of the several Tryals is here-unto Annexed to satisfy Your Majesty WHereas Your Majesty was Graciously pleased to leave Your Petitioner to the Law therefore the Petitioner humbly Presents these few Lines to shew what is proved by the Law First Tryal in the Year 1674. The Petitioner was Plaintiff against John Clark Esq Defendant who was the Lady Elizabeth Percies Agent for scandalous Words he had spoken against the Plaintiff At which Tryal Judge Hales declared That James Percy the Claymant and Plaintiff had proved himself a true Percy Legitimate by Father and Mother Grand-Father and Grand-Mother and of the Blood and Family of the Percies of Northumberland And he did verily believe that Your Petitioner was Cousin and next Heir-Male to Josceline Percy the late and Eleventh Earl of Northumberland only he was afraid he had taken his Descent a little too low Second Tryal was upon an Ejectment for Cannington-Lands in Somerset-shire which Lands of Right fell to the Heirs-Males of the Percies after the Heirs-Males of the Rogerses was Extinct Doubtless it was by Mis-information that Your Majesty was mistaken in Your Gift And at that Tryal the Pedigree of Your Petitioner was fully proved and the Plaintiff ought to have had a Verdict for the same But Sir John Coppleston being made Defendant in the Case obtained 80 l. Cost and doth violently Prosecute the Claymant and Plaintiff for the same Notwithstanding the Defendants do wrongfully possess those Lands and receives the Profits and preserved themselves all along by Priviledges for many Years to the utter Ruin of Your Petitioner if not timely prevented by Your Sacred Majesty Third Tryal Your Petitioner proved himself Legitimate again And not the Tyth of the Plaintiff's Witnesses was Heard at that Tryal by reason Judge Raynsford stood up and said The Pedigree was sufficiently proved by the Former Tryals as by the Judgment and Verdict exemplyfied under the Seal of Your Majesty's Court of King's Bench. Fourth Tryal the Plaintiff was forc'd to pay 90 l for Clark's Cost before the Lord of Essex's Priviledge could be got off to go on to Tryal And then the Defendant's Councel did declare in Court That they did own the Plaintiff's Pedigree and Title and yet would not suffer the Plaintiff's Writings to be Read nor his Witnesses to be Heard which prevented the Plaintiff from recovering the 10000 l. Damages which was laid in the Declaration And for want of Justice the Plaintiff lieth under the Burden of an Eundred Marks Costs Which Tryal ought to be Reviewed and the Plaintiff Relieved He therefore Prays and humbly Beseeches Your most Excellent Majesty to remember Your own Troubles how God delivered You out of the Oppressor's Hand And even so be pleased to deliver Your oppressed Petitioner out of the Hands of his Powerful Opponants so that at last he may injoy his Birth-right in Peace according to Justice And if the Petitioner be delayed longer he must humbly pray Your Majesty for Maintenance as is usual in such Cases to support him till he hath Recovered his Right Title and Inheritance And Your Petitioner shall further Pray c. IT is Hop'd that Your Majesty will never Condescend that the Lord Ogle shall assume the Name of Percy nor that the Percies Lands shall be settled upon him by Act of Parliament For the Lady Lucy gave all her Lands to the Heir-Males of the Percies for ever God forbid that ever such a Fraud should be Committed in this Nation Especially when the true Heir-Male hath proved his Pedigree Moreover Your Petitioner remains Unmarryed And further hopes that by God's Providence and Your patron-like Care such a Match may be obtain'd that will support the Title and raise the Percies Name to its former Splendor THE Proroguing the Parliament till the Thirtyeth of October next forces the Claymant to make this further Complaint For its Consequence is as prejudicial as Priviledges have been to the Plaintiff and as much for the Advantage of the Agents and Defendants Who by Priviledges Delayes and Oppression still keeps Possession and the true Heir still under Persecution For this Prorogument falls out as pat for the Defendants as if it had been by their own Appointment Had the Parliament held to Sit on the 17th Day then had the Claymant had time to have put in his Petition in Obedience to the King 's Gracious Answer and Direction to the Right Honorable House of LORDS to have been call'd into that Right Honourable House of PEERS To have taken the Place and Seat of his Noble Ancestors Earls of Northumberland according to his Birth right and Title which would have been a Means to have prevented the Act of Parliament for the settling Percies Lands upon the Lord Ogle that Marryed the Lady Elizabeth Percy and that he should not Assume the Name of Percy and that the Fraud intended might be prevented But now the Oppressors have gain'd this following Advantage The Term will be a Week old by that time the Parliament Sits so that they hope in that time to contrive the Claymant into a Prison so that he shall not be able to attend the House when they Sit If they obtain their Aims then will the Claymant further Complain to the LORDS and
his Expectations fail'd there 6. Then he Applyed himself to the LORDS Spiritual and Temporal Assembled in Parliament and they likewise upon the Motion of Sir Francis pemberton Serjeant at Law Counsellor for the Plaintiff dismist his Petitions and so he was left to the Law 7. Then his Sollicitor advised the Claymant by reason the Court of Wards was Dissolved by an Act of Parliament 12. Car. 2. c. 24. to Sue by way of Quo Warranto and Presented it to the then Attorney General but was not allowed Whereupon no Inquisition post mortem was or could be obtained after the Deaths of the Two last Earls of Northumberland viz. Algernoone and Josceline which if it might have been had this Claymant without doubt or question would have been found by the Jury to have been the Cousin and next Heir-Male to Josceline the late Deceased-Earl of Northumberland 8. Then the Claymant applyed himself to Sir Edward Walker the KING's Herald at Arms who was very Rough at first but at last was more Complyant and did direct the Claymant in his Pedigree And on the Day that the Pedigree was Finished the Claymant went to shew it him and found him so ill that he Died the next Day And therefore was prevented of his further Assistance 9. The Claymant's Sollicitor abused him and caused several Lands to be beg'd by several Persons in the Name of the Duke of Monmouth when he was in France At his Return the Claymant went to Windfor to tender his Respects to him and to prevent Differences being loath to contend against a Person of his High Quality And he most Graciously Complyed and told the Complaynant That he should have a Fair Tryal at Law And if the Claymant proved himself Heir-Male God forbid he should hinder him Upon which the Plaintiff returned with great Joy posted away into Northumberland and delivered Declarations in Ejectment upon those Lands the Duke had Recovered of the Countess upon pretence there was no Heir-Male of the Family of the Percies Living But when the Claymant was bringing the Tryal on Priviledge was fet up Whereupon the Claymant went to Mr. Rosse the Duke's Secretary to know why it was so when the Duke did promise He would not stand upon Priviledges but a Fair Tryal should be had Mr. Rosse Replyed The Duke could not set aside his Priviledge To declare how many Persons and how oft the Claymant hath been put off by Priviledges would be too tedious for the Reader 10. When the Guardianship came to the Senior Countess Dowager the Claymant writ to her and Craved her Answer and sent his Servant with the Letter to Sion-House And her Answer was That she would not return any Answer in Writing The Claymant writ also to the Junior Countess and sent Friends to Intercede He likewise writ to Mr. Champion and to Mr. Gee and Mr. Clarke several times And at one time before the Tryal with Mr. Clarke they would have owned the Plaintiff to set him up but broke off upon Terms Although the Plaintiff was forced to suffer a Non-suit yet that Tryal and the Opinion of the Lord Chief Justice Hales convinced Sir Edward Walker and the World And this Clause is put in meerly to satisfy the World Because some say The Countess hath reported what she would do for an Heir-Male of a true Percy Others report That the Claymant is so Stout that he scorned to Apply himself to them The Claymant hath Submitted beyond Reason Law and Equity God himself is the Claymant's Witness For he hath set to his Seal a Cressant a Badge which belongs to the Percies Family which he was Born into the World with and is Descended of a Family of near Thirty Generations For William Lord Percy was the Fifth Generation and came in with William the Conqueror into England And consequently the Claymant is by Matches from Henry the Fourth Emperor and of the Royal Blood of England Legitimate by Father and Mother Grand-Father and Grand-Mother great Grand-Father and great Grand-Mother as by the Oath of Mr. Henry Champion in open Court Whose great Grand-Father Sir Ingleram Percy was the Third Son of Henry Percy Fifth Earl of Northumberland 11. It is to be observed That at that very Tryal the Judgment and Verdict was Exemplified under the Seal of his Majesties Court of King's Bench When the Plaintiff James Percy had proved his Father Henry Percy Marryed Lydia Cope his Mother at Horton in Northampton-shire and that they had two Children Henry and Elizabeth both Elder than the Plaintiff This did abate the Scandal of Bastard and Imposture And my Lord Chief Justice Rainsford stood up and said Gentlemen of the Jury This is enough to prove the Claymant Legitimate We know his Pedigree and that it must be heard before others It is humbly suppos'd he meant before the KING 's most Excellent Majesty and the Right Honorable the LORDS and COMMONS Assembled in Parliament Therefore the Complaynant after almost Nine years Prosecution of his Right is forced in order to satisfy all Impartial Readers to present this his Case to the Publick View If by any means for the Honor of Justice which Establisheth the Throne and every Free-born Subject in his Right he may be Restored to the Place and Seat of his Ancestors there being many Presidents in his own Family that of the Earls of Kent and others of the like Nature The PEDIGREE HEnry Percy First Earl of Northumberland Created by King Richard the Second Had Issue Henry called Hotspur Both Father and Son Attainted Left Issue Male. Henry Percy Grand-Son was Restored by King Henry the Fifth and made the Second Earl of Northumberland Left Issue-Male Henry Percy Third Earl of Northumberland taking Part with King Henry the Sixth was Slain Left Issue-Male Henry Percy Fourth Earl of Northumberland after the Surrender of John Nevel Lord Mountague was Restored and was Slain in Performing his Duty for King Henry the Seventh Left Issue-Male Henry Percy Fifth Earl of Northumberland left Issue Three Sons viz. 1. Henry Percy 6 Earl Dyed without Issue 2. Sir Thomas Percy 2. Son was Attainted and Executed in his Brother's Life-time Left Issue-Males Sir Thomas Percy First Son Created Seventh Earl of Northumberland by Queen Mary after John Duke of Northumberland was Beheaded And left no Issue-Male Sir Henry Percy Second Son of Sir Thomas Percy that was Attainted as above-said in King Henry the Eighth's Time and was the Eighth Earl of Northamberland and left Issue-Males Note the Mistake Sir Richard Percy was this Henry Percy 's Son So that Sir Richard is found too Young by the Great Pedigree to be the Clavmant's great Grand-Father Henry Percy 9 Earl of Northumberland left Issue-Male Algernoon Percy 10 Earl of Northumberland left Issue-Male Josceline Percy 11 Earl of Northumberland Dyed and left no Issue-Male 3. Sir Ingleram Percy Third Son left Issue-Males Henry Percy Eldest Son Heir left Issue-Males James Percy First Son Dyed without Issue-Male Henry Percy Second Son left
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
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