of Parliament concerning the Exchange of Lands between King Henry the Eighth and Henry Percy the Sixth Earl of Northumberland and others The Plaintiff's Counsel replyed Here is the same Act with several Savings That Saving of the Lady Lucies Lands was read till it came to Sir John Melton Then The Lord Chief Justice replyed This doth not concern you There are no Lands but are all given away by that Act of Parliament The Plaintiff humbly replyed The Melton's could not Claim so long as there was an Heir-Male of the Percies living And the Lady Elizabeth Percy keeps in Possession of the Lady Lueies Lands to which she hath no Right as she is the Heir-Temale For her Agents had Two Tryals against the Tennants and she was Overthrown in both Therefore the Plaintiff's VVitnesses ought to be heard that his Pedigree may be fully proved This will wash the Scandal clear off the Plaintiff from that Brand of an Imposture set forth in the Gazet And present the Claimant's Cause fairly to the KING and the House of LORDS The Lord Chief Justice said VVhat will you prove the Pedigree for when there are no Lands to support the Title The Plaintiff replyed And what have we to do with Lands if we do not prove the Pedigree The Plaintiff prayed That the Saving might be Read concerning Somerset-shire Lands for which Sir John Coppleston is Trustee VVhich Lands were beg'd of His Majesty and kept under pretence that there is no Heir-Male of the Percies living The Lady Elizabeth Percy claimes no Right therein But if she were in Possession of the Lands she would endeavour to keep them as they do by the Lands claim'd by the Plaintiff The Plaintiff also prayed The Record might be Read concerning the Lands the Duke of Monmouth had Recovered at a Tryal against the Countess of Northumberland under pretence there was no Heir-Male of the Percies which was not allowed by the Court to be read although the Duke was pleased sometime to say He had no Right to those Lands if there was an Heir-Male of the Percies living The Plaintiff produces the Patent of Restitution in Edward the Sixth's Time to Thomas Percy the Son of Sir Thomas Percy that Rebelled Likewise the Two Patents of the New Creation of the Barony and Earldom to Thomas and Henry Granted by King Philip and Queen Mary And an Act of Parliament in Queen Elizabeth's Time which Act if it had been Read it would have Encouraged the Plaintiff's Counsel to have pleaded an Abatement to that Act profusely Condescended unto by Henry Percy Sixth Earl of Northumberland in the Time of King Henry the Eighth when the said Earl had no Heirs-Males of his own Body Two Orders of the House of LORDS The First in King Charles the First his Dayes Then Resolved upon the Question Nemine Contradicente That no Person that hath any Honor in him and a Peer may Alien or Transfer the Honour to any other Person Resolved c. That no Peer of this Realm can Drown or Extinguish his Honor but that it Descend to his Descendants neither by Surrender Grant Fine nor any other Conveyance to the KING The Second in King Charles the Second's Time Resolved and Adjudged That no Fine Levied or at any time here-after to be Levied to the King can barr such Titles of Honor or the Right of any Person claiming such Title under him that Levied or shall Levy such Fine Moreover Charles 2d Act of Oblivion The KING 's Gracious Act of Free Pardon Oblivion and Indempnity at Breda If it Extended to Rebels then well may Royalists claim their Birth-rights By the Pedigree from Henry the First Earl of Northumberland to Josceline Percy the Eleventh Earl of Northumberland After every Rebellion in the Head-Line there were still New Creations and New Restitutions in Blood to the Heirs-Males of the Head-Line that was Attainted If so then great Reason the Collateral Line that proves Innocent should claim their Birth-Right after the Head-Line is spent Therefore it is requisite the Pedigree should be fully proved up to his Great-Grand-Father The Defendant's Counsel replyed We own your Pedigree and your Title But would not suffer any more of the Writings to be Read nor the Witnesses to be Examined The Plaintiff replyed What will the Owning signify if you will not suffer him to prove his Pedigree If you will not examine the Witnesses be pleased to Confirm what you own by a Rule in Court The Lord Chief Justice thereupon said Confirm or not Confirm the Declaration is naught Discharge Blackeston from the Suit of Percy Whereupon the Plaintiff was Non-suited And the Costs are Taxed to 100. Marks without any Consideration of the Plaintiff's vast Charge he was put to by the Defendant's Delayes and Puttings-off by Priviledges As by this and the former Tryals doth appear ☞ And the Plaintiffs own Counsel are of Opinion That there is no Relief in this Case at Law but by Act of Parliament And therefore hath prepared his Bill And prayes It may find Admittance A Short ABSTRACT of the Claymant's Proceedings ever since the Death of Josceline Percy late Earl of Northumberland 1. UPon the 11th of October 1670. the Claymant Landed in England First applyed himself to the Senior Countess Dowager of Northumberland And she was pleased to send him to the Junior Countess And then it was Reported she was with Child 2. The Claymant did then forbear till Time made out to the contrary And on the Third Day of February 1671. he put in his Caveat and Claym as followeth James Percy Esq as Cozen and next Heir-Male of the Right Honorable Josceline Lord Percy and Earl of Northumberland lately Deceased doth Claym the Title Stile Honor and Dignity of Baron Percy and Earl of Northumberland Cum pertinentijs and the Annual Rent or Fee of Twenty Pound where-with the said Dignity and Honor was and is Endowed payable by the Sheriff of Northumberland out of the same County And humbly desires a Legal Tryal of his Right herein and that no Grant in the interim may be made thereof being his Inheritance and Birth-Right Dated under my Hand this Third Day of February 1671. JAMES PERCY Copia Vera Entred into the Signet-Office at White-Hall 3. He met with Mr. Henry Champion and Mr. Orlando Gee at Dr. Lamplughs and pray'd them to inform him of his Great-Grand-Father But they rather took Advantage of his Ignorance But Mr. Henry Champion did very honestly upon his Oath at Sir John Coppleston's Tryal declare That Sir Inglexam Percy was Marryed and had Sons and Daughters which did not only time but fix the Claymant's Pedigree Sir Ingleram Percy being left out of the First Pedigree did much Wildernize the Claymant 4. The Claymant petitioned the KING and his Gracious Answer was God Forbid we should hinder an Heir but that he should have the Benefit of the Law 5. Also he Applyed himself to the Earl Marshal supposing to have been Relieved by the Court of Honor but
Kingdom at his Vast Charge and still attends the Issue of his Claim And being informed that the Lord Ogle is endeavouring an Interest to get an Act of Parliament for Settling the Lands of that Earldom upon him under the Name of Percy And Your Majesty having always declared Your Royal Pleasure That You would not wrong an Innocent Heir And Henry the Fourth Earl of Northumberland and John Nevell Lord Mountague being Presidents of Restitution when in Default Your Petitioner most Humbly prayes and hopes Your Gracious Majesty will be pleased to consider his Case and of Your Royal VVisdom and Justice to Restore him to the State and Dignity of his Ancestors having proved himself at Law a True Percy of the Family and Blood of the House of Northumberland And Your Petitioner shall Pray c. THis Petition was Presented into the King's Sacred Hand the 25th of November 1679. and the Master in waiting his Account was much like to that of Sir John Berkensheds So the Claymant's Case lies wholly before the Parliament And therefore most humbly prayes That if the Lord Ogle goes on and prevails in their Act of Parliament that there may be a Saving put into that Act for James Percy the now Claymant and his Heirs according to the King 's Gracious Direction Moreover That the Right Honourable the Lords Spiritual and Temporal will be graciously pleased to call the Pedigree of the Claymant before them and according to a Verdict exemplifyed under the Seal of his Majesties Court of King's Bench to Report So that the King 's most Excellent Majesty may be fully satisfyed and the Claymant James Percy may at last be Restored to the Place and Seat of his Ancestors Earls of Northumberland Do Justice Remove Oppression Then GOD will Bless our King Parliament and People to the Amazement of England's Enemies and Joy to all his Majesties Loyall Subjects All New Matters are still plac'd in the Front of this Book as the Directions further cites to TO HIS GRACE THE High-Born Prince JAMES Duke of York Great Sir I Have Petitioned your Royal Brother our Gracious KING to be Admitted to speak a few words And in the like Nature Petitioned your Grace but was not Heard Therefore I have made bold to Print and prays your Patient Perusal and to Act for Justice ☞ Justice will stop my Pen and turn my Complaints into Prayers and Thankfulness James Percy London Octob. 21. 1679. Potent Adversary's Practises prevents my Opportunities For I had purposed by God's Assistance and Your Gracious Acceptance to have Presented the Book my self and hop'd to obtain'd the Honor to Kist Your Graces Hand This is a further Addition of what hath been done since the former Additions was added to this Printed Book and something of Moment which was formerly left out 1. A Petition to the KING and House of Lords 2. A Petition to the House of Commons 3. A Letter to a Gentleman that did pretend he could prevail much with the Countess 4. A Letter to the Lord Ogle With other Arguments and Reasons To the KING 's most Excellent Majesty and the Right Honorable the Lords Spiritual and Temporal The Humble Petition of James Percy Cousin and next Heir-Male to Josceline Percy late Earl of Northumberland Sheweth THat Your Petitioner put in his Claym as Heir to the Title Honors Lands c. of the Percies as Rightfully and Legitimately Descended of the Antient and Noble House Nine Years ago and still continueth the same in hopes that he may have Justice done him And therefore Humbly prayes Your Majesty and Your Lordships to hear and determine his Right having proved himself a True Percy at Law And he shall Pray c. James Percy This Petition to the King and House of Lords was Presented the 17th of October 1679. Mr. Walker the Clark said That nothing of Private Concerns would be received that Day To the Right Honourable the Knights Citizens and Burgesses in Parliament Assembled The Humble Petition of James Percy Cousin and next Heir-Male to Josceline Percy late Earl of Northumberland Sheweth THat Your Petitioner having Nine Years claimed and industriously prosecuted his Right to the Honors Lands c. of the House of Northumberland and not yet been able to obtain a Definitive Sentence by reason of the Potency of his Adversaries and the Lord Ogle as your Petioner is informed indeavouring to carry away the said Honor upon his Marriage with the Lady Elizabeth Percy Your Petitioner humbly prayes the Benefit of his Birth-Right and an English-Man to be heard to his Claim before any Conclusive Bar by Act of Parliament And your Petitioner shall Pray c. James Percy This Petition to the House of Commons would have been Presented the same Day but one of the Clarks said It was not proper to deliver it till the Speaker was Chosen As the Claymant feared the other Proroguement would have done him Harm so this last Prorogation tends to his Advantage For he hath now time to go for Ireland to Inform Incourage and Direct his Eldest Son Anthony Percy to stand up to maintain the Claim of his Father Who declares if any thing should happen otherwise than well or that he should Dye he is the next Heir apparent and if his Issue fail then to his Second Brother Henry Percy and if his Issue fails then to John Percy the Youngest Son and his Issue And if it shall please God the Claymant his Sons and Grand-Children should all Dye yet there are Percies enough which was the Children of Robert Percy Second Brother of Henry Percy the Children of Sir Ingleram Percy and-Grand-Children of Henry Percy Fiâ—â—â— Earl of Northumberland Which Henry and Robert was sent out of the North in Hampers with two Sisters to the Lady Vaux in Queen Elizabeths Days And this the Claymant hath done to prevent the Title and the Estate of the Perices from being Smugled any more as at this day Moreover if His Majesty will not give the Claymant Maintenance nor appoint him a Match yet it gives the Claymant opportunity to recruit again As he intended to Print no more so by God's Assistance he shall never give over his Claim The 15th Day the Claymant carryed his False Pedigree and the True Pedigree to Sir William Dugdel again and he did promise to stand up for Justice This to a Gentleman that did pretend to prevail much with the Countess SIR I Have Received my Lost Son He is found and return'd again All Praises be rendred to the Almighty God who in his good time can send me Peace also For He is Greater than they that oppose me We intend to visit Branford the Latter End of the next week to see if you can perform your Promise to me And in the mean time if you please to present this inclosed Book with my most Humble Service to the Countess Dowager of Northumberland and tell her Honor I would not have presumed to have given her this Trouble but only that Truth might
COMMONS by fresh Petitions And in the mean time he hath prepared these Prints to pre-admonish the World And that Just Men may know that James Percy is the true and lawful Heir and of right ought to enjoy the Earldom of Northumberland and that the Estate must attend the Title But cruel Oppression still keeps Possession which forces the Claymant to cry out aloud again again and again for Justice and that Property and Right may be preserved For if his Innocent and Just Cause should be now neglected your Children and Children's Children may be Rejected another Day I pray God to direct our King Parliament and People that they may fore see Things so as to preserve the Cood and prevent the Evils to come AMEN To the Honorable The KNIGHTS CITIZENS BVRGESSES Of The House of Commons IN PARLIAMENT Assembled The Humble Petition of James Percy Esq Sheweth THat it is now almost Nine Years since he put in his Claym as Descended of the house of Northumberland and next Cozen and Heir-Male to Joscelin late Earl of Northumberland All which time he hath Vigorously and Industriously pursued his Right though against so great and unequal Force and Opposition that he hath not been able to prevail And therefore humbly prayes Leave to bring the State of his Case and the Narrative of his Proceedings before this Honorable House Imploring their Assistance to Appear Mediate and Interpose for his Relief And your Petitioner shall Pray c. A NARRATIVE OF THE PROCEEDINGS OF THE PETITIONER Since His Petitions were Dismissed by the Right Honorable the House of LORDS and his Case left to the Law IN Trinity-Term 1674. the Petitioner brought an Action in the King 's Bench against John Clarke Esquire for Scandal and Defamation he had thrown upon your Petitioner Where upon Hearing some of his Witnesses did not appear Nevertheless your Petitioner went so far on with the Proof of his Pedigree and Lineal Discent from the Earls of Northumberland that the Lord Chief Justice Hales said in open Court That the Plaintiff meaning your Petitioner had proved himself a True Percy of the Blood and Family of the Percies of Northumberland legitimate by Father and Mother Grand-Father and Grand-Mother and that he did verily believe your Petitioner was Cousin and next Heir Male of Josceline Percy late Earl of Northumberland But was afraid he had taken his Discent a little too Low and willed him to come better Prepared next Tryal Whereupon your Petitioner suffered a Non-suit A * * 1. The Reason of the Mistake in the First Pedigree was that the Herald-Stainer left out Sr. Ingleram Percy the Great Grand-Father 2. Searching in another Herald-Stayner's Book that had been lent out the said Book was returned the Leaf where the Matches of the Percies Family were set down according to the Alphabet being torn out 3. Therefore his Counsel did advise to fix the Pedigree upon Sir Richard Percy and if he was found the Wrong it would be the means to find out the Right as it did effect at last Mistake I hope all will Pardon to one under those Disadvantages the Claimant was who was forced to Abscond in England for his Loyalty and Travel for some Years and had not an Opportunity to aquaint himself with the Family of Northumberland so as to be informed of his Pedigree The Truth is When he came into England to Claim his Honor and Estate though he knew it was his Right yet it was hard for him to prove his Great Grand-Father as it would be for most perhaps that Condemn him 2 2 Searching in another Herald-Stayner's Book that had been lent out the said Book was returned the Leaf where the Matches of the Percies Family were set down according to the Alphabet being torn out when a Family is so Dispersed and the Pedigree of the Younger Sons neglected by the Herald Upon a Second Action brought iâ—â—â—e Court of the King 's Bench against Sir John Copleston Trustee fo◠〈◊〉 Lady Clifford Sir John sheltred himself under the Priviledge so long as he could When he was forced to a Tryal your Petitioner proved himself Cousin and next Heir-Male of the said Josceline Percy late Earl of Northumberland as followeth For the Claimant James Percy was the Son of Henry Percy Grand-Son of Henry Percy Esquire Great Grand-Son of Sir Ingleram Percy Great great Grand-Son of Henry Percy Fifth Earl of Northumberland So as the Court willed him to proceed to the Title of the Lands Unto which his Counsel replyed That the Lands must attend the Title That the Deeds Evidences Books of Entries and the Records of the Estate were in the Possession of the Defendants So that at present they were not prepared nor instructed to proceed further than the Legitimation and Lineal Discent of your Petitioner 3 3 Therefore his Counsel did advise to fix the Pedigree upon Sir Richard Percy and if he was found the Wrong it would be the means to find out the Right as it did effect at last from the Noble Family of the Earls of Northumberland That upon the Thirteenth of June 1676. your Petitioner brought his Action in Guild-Hall London against John Blackeston Esquire for Scandal and Defamation But the Defendant moved the Court of King's Bench that the Action might be removed and brought into that Court And that a Tryal might be there had which was ordered accordingly And the Seventh of May they appointed to Hear the Cause The Petitioner humbly submitted to the Pleasure of the Court. And your Petitioner and the Defendant having some few Weeks before the said Time of the Tryal by Consent attended the Master of the Office and settled a Jury Your Petitioner prepared for a Tryal and brought up from many and some very remote Parts of the Kingdom Sixty-five Witnesses all in Court whose Travels to and fro upon Calculation amounted to above Four Thousand Miles and had Fourteen Learned Councels at the Bar The Charges of all amounting to about Four Hundred Pound And thus prepared brought on the Cause to a Hearing the Day appointed When imediately the Defendant's Counsel insisted upon the Priviledge of the Countess Dowager of Northumberland in Protecting her Servants and Agents The said John Blackeston being Steward of her Courts and pretended Receiver of her Rents and that he was upon the said Imployment Whereupon all your Petitioner's Counsels refused to Plead although the Court would have Heard them and proceeded to Tryal of the Cause But the Councel replyed They had no mind to go to the Tower some of them having been there before And thus the Tryal was put off Whereupon Mr. Justice Wilde hearing these Things stood up and said in open Court Fye fye Gentlemen Is this a Time to insist upon Priviledges when you forced the Plaintiff to a Tryal and have put him to so great Expence Travel and Labor You do but cast Cold Water upon your Cause It is not the first time this Cause hath been before
the Dungion Then God fil'd Pharao's Barns with his Blessings To which God Annex long Life and a Prosperous Reign And Your Petitioner shall Pray JAMES PERCY This Petition was presented into his Sacred Majesties Hand Jan. the 17th 1681. And did indeavour to present the two Books mentioned in the Petition But a Gentleman stepping betwixt the King and my self pusht me away so that I could not Present the Complaint prepared for the House of Lords against the day of Hearing Nor this Complaint which is prepared for the House of Commons my Opponants are great and Numerous which forces the Claimant to Pray for Justice An Affidavit made by JAMES PERCY Claimant to the Earldom of NORTHUMBERLAND WHereas Mr. James Hooton did undertake the Carrying in two Writs of Error in Parliament between James Percy Plaintiff and John Blackeston Esq Defendant for Scandalous Words and in Ejectments for Lands Robert Vtting Gent. Lessee of the Plaintiff and Sir John Copleston Defendant And the aforesaid Mr. Hooton did receive Writings of Percy the Claimant long before the day of Hearing before the Lords And did promise to fix all the Claimants Breviats so as they might be ready for some Lords and for the Council But when the Claimant should have been prepared for his Counsel then Mr. Hooton could not be found till the very Morning the Hearing should have been had then he meeting the Deponent James Percy at Fetter-lane-end in Fleet-street and said whither are you going Percy told him I am a going to make my Complaint against You for keeping my Writings and not making my Breviats ready for my Council And when James Percy had made his complaint in Parliament and offered to make Oath before their Lordships to Confirm the truth And when the Lords Commanded to withdraâ— then Mr. James Hootons Man came into the Lobby and there delivered the Writings to the Deponent upon the 9th of December 1678. Moreover the said Hooton said some time before that he was offered a Hundred Guinneys to betray the said Deponents Case And on the 7th of January 1681. The said Hooton came to the Deponants Chamber and desired to see those Writings that belonged to those Writs of Errors and did Write something out of them saying He had not kept a Copy of them which he ought to have done but said He had enough now to do his business and further said there was one sheet wanting Which shews how careful he was of his Claimants Cause And yet threatens he will Sue the Claimant for Defaming him in his Practise JAMES PERCY Jur ' 18. die January 1680. coram me Magistro Canc ' John Hoskyns The Deponant Humbly Prays for speedy Justice and that he may be forthwith called from the Prison of Kings-Bench into Parliament to take the Place of his Ancestors Earls of Northumberland according to his Birth-right and that the two Writs of Error may be Re-manded back and the Execution stopt For his Witnesses continue still in Town Hoping by your Mature Wisdoms to obtain an Order for a new day of Hearing for which he Prays as by his Petition all along appears An Affidavit made by JAMES PERCY Claimant to the Earldom of NORTHUMBERLAND WHereas Adlard Welby Gent. is Attourny for John Blackston Esq Def. this Deponent James Percy on the 21â—h instant went to Mr. Welby and offer'd an Agreement And whereas Cost of 70 odd l. is demanded of me the Plaintif the Deponent demanded 90 l. which was but tendred into Court upon my Lord Chief Justice Scrogs's promise that the Lord of Essex would not insist upon Priviledge and that the Deponent JAMES PERCY should have a fair Tryal the Money was not intended for the L. of Essex really but it ought to have been remanded back again to the Plaintiff JAMES PERCY for that 90 l. costs pretended for Mr. Clark was Sued for by Capt. Biggerstaff that married the Relict of Mr. Clark And that 90 l. Costs ought to have been set aside upon their own Demurrer therefore Mr. Welby Reply'd I must complain in Court The Writs of Error ought to have been heard debated and determined by the Right Honourable Lords in Parliament But it was blown over as by the Printed Complaint prepared to present to the Honourable House of Commons appears But it is hoped the Writs of Error may be Re-manded back into Parliament to have a fair Hearing Or if the Plaintiff and Deponent be forced to pay the 70 odd Pounds Cost then the 90 l. ought to be Refunded to the Deponent JAMES PERCY Jurat 22. die Jan. 1680. John Hoskins IT is very hard for a man to be kept out of Possession and his Opponents mannage all their Suits at Law against him with his own Estate and that will not serve their turns but they covet to get from the Claimant by Fraud so that they may totally Ruine and disable him from prosecuting his Birth-right JAMES PERCY the true and lawful Heir-male to the Percy 's Earls of Northumberland hath found more Injustice and Hardships here in England than the Children of Israel found in Egypt when they made Brick and were forc'd to gather their own Straw to burn them When Joseph's good Works were forgot then his Brethren suffer'd But now the PERCY' 's good deeds are forgot their lawful Successor suffers in Prison And therefore earnestly prays for a speedy Deliverance My great Pains and Charge in Printing is really intended rightly to inform the world thereby to remove Oppression and to revive justice To the Kings Most Excellent Majesty The Humble Petition of JAMES PERCY Sheweth THat Your Petitioners Opponents have obtain'd their Desires for your Petitioner is in Prison That Your Majesty was Graciously pleased to say God forbid that We should hinder an Heir but that he should have the Benefit of the Law And to that end Sir John Berkenhead was sent by Your Majesty to the Attourny General That Your Petitioner hath proved his Legitimacy and Pedegree at four several Tryals at Law whereof one is exemplified under the Great Seal of Your Majesties Court of Kings-Bench where Your Petitioner is now a Prisoner upon that Writ of Error the Lord Chief Justice Soroggs so wilfully gave the Cause away after Your Petitioner had fully proved his Pedegree and to be Descended from the Body of Henry Percy fifth Earl of Northumberland and Cousin and next Heir-Male to Josceline Percy late and eleventh Earl deceased Therefore He most Humbly Prays that Your Most Excellent Majesty would be Graciously pleased to Order the Lord Chancellour forthwith to call by Your Majesties Royal Writ of Summous Your Petitioner from the House of Prison to the House of Peers to take the Place and Seat of his Ancestors Earls of Northumberland as it is his Birth-right and Title proved at Law God in his Justice and Mercy restor'd Your Majesty to Your Crown and Kingdoms even so let Your Majesty in Equity and Pity Restore Your poor Distressed Subject And Your Petitioner shall ever
of Northumberland that hath stood to justify his Claim about Ten Years and hath proved himself a Legitimate Percy in the Kings Bench doth likewise publish to the world that he will justify his Right durante vitae and hopes the World will not be deceived by any Artifice for he desires no more but a free and final determination of his said Claim Fiat Justitia ruat Coelum James Percy Notwithstanding your Loyal Petitioner verily believes your most Excellent Majesty is much Mis-inform'd yet your Petitioner had not published this Advertisement had not he found my Lord Ogle to have changed his Name from Cavendish to Percy printed in Mercurius Anglicus But now the Petitioner is resolved like Hester by Gods powerful Assistance and your Majesties gracious Acceptance to stand up for the Name of Percy as that Queen kneeled down to save her people King Darius took Daniel out of the Lyons Den and God in a most Miraculous manner Restored your Majesty to your Kingdoms And according to the Coronation-Oath and your Majesties Royal and Gracious Act of Free pardon and Indempnity the Petitioner in Justice ought to be restored to his Birth-right and Title or such an Immediate Allowance as is usual in such Cases to keep the White-Horse or Honour from starving until his Case be determined according to the prayer of the Petition The President the Lord Ogles Agents will insist upon is as followeth NOte the Lady Agnes Percy would not inter-marry with the Lord Josceline De Lovaine Son and Heir to the Duke of Brabant the then Queen of Englands Brother without he assumed her Name The Reason was There was not an Heir-Male then living of the Percies Therefore that was done purely to preserve the Name of Percy But now my Cozen the Lady Elizabeth Percies Case is not the same For the Heirs-Males of the Percies are not dead as by the Claymants printed Book appears But the Mystery of assuming the Name of Percy is as follows AS is the Settlement of Arundel-Castle even so is the Settlement of the Honour of Petworth and Cockermouth and divers other Lands upon the Heirs-Males of the Percies for ever And all those Lands so Settled and in the Crown the Rents and Fines can be Recovered no wayes but under the Name of Percy and the Tenants have over-thrown the Ladies Agents at two several Tryals upon the same Acount The Petitioner commits this Cause to the Kingsmost Excellent Majesty the Parliament and Leige People of England to judge whether or no this be a Fraud intended or not Therefore I humbly beg your Majesties Pardon For as the Petitioner hath often demanded the Fines and Rents of the Tenants and they durst not obey by reason his Pedigree was not then proved But now his Pedigree is proved to be the true Heir-Male of the Blood and Family of the Percies of Northumberland that they stop all their Rents in their hands and Prepare those Fines that have been a long time kept from the true Heir-Male JAMES PERCY To the Right Honourable Lords Spiritual and Temporal in Parliament Assembled The Humble Petition of JAMES PERCY SHEWETH THat this is the 11th year of the Petitioner's Claim to the 〈◊〉 and Estate belonging to the Earldom of Northumberland That your Petitioner hath had several Tryals at Law where he is proved a true Percy legitimate and no Impostor as once a Gazer published That through the high Priviledges Policy and Potency of the Opponents and Treachery of his Solicitor and falling area the of some of his Councel all which occasioned Errors both particular and general That as William Percy the Brother of the Claimant was out up to obstruct Proceedings and now Francis Percy Stone Cutter is cryed up who declared himself to be the Grandson of Thomas Percy that was in the Gunpowder-Plot down in truth was the Son of Robert Percy the Petitioner's great Uncle He therefore prays That a set day may be appointed allowing 14 days time to summon in Witnesses so that the Pedigree may be fully proved that 〈◊〉 true Decision may be made according to Justice and that Truth may be preserved and Errors corrected And your Petitioner shall ever pray c. JAMES PERCY THat whereas the Kings most Excellent Majesty hath been graciously pleased to refer the Petitioner's Cause to the Lords Spiritual and Temporal in Parliament to Hear and Determine his said Claim to the Earldom of Northumberland That the Right Honourable Lords were pleased to receive the above-mentioned Petiition of James Percy the Claimant at the Bar of the said House of Lords the 17th of November 1680. That your Lordships will be further graciously pleased to Call for the said Petition and cause it to be Read and appoint a day for Tryal according to the Prayer of the aforesaid Petition so that the Pedigree of your Petitioner may be fully Tryed with the two Writs of Error And your Petitioner shall ever pray c. JAMES PERCY Die Jovis 25. Novembris 1680. WHereas JAMES PERCY Esq hath brought two Writs of Errour into this House In One of which the said JAMES PERCY is Plaintiff and John Blackstone Esq is Defendant And in the other Robert Utting is Plaintiff and Sir John Coppleston is Defendant Upon both which Writs the Errors being assigned and Issue joyned It is this Day Ordered by the Lords Spiritual and Temporal in PARLIAMENT Assembled That this House will hear the Errors upon the said Two Writs of Errour Respectively Argued by Councel at the BAR on both Parts on Thursday the 9th Day of December next at Ten of the Clock in the Forenoon Whereof the said John Blakestone and Sir John Copplestone respectively are to cause Timely Notice to be given to the said JAMES PERCY for that Purpose JOHN BROWNE Cleric ' Parliamentor ' The Councel's Opinion to prove the Pedigree manifests Errours Removes Mistakes and Scandals and makes a clear way to Justice Therefore the following Pedigree is prepar'd for the Right Houourable Lords Spiritual and Temporal in Parliament at the Day of Hearing To the Kings Most Excellent MAJESTY The Humble Petition of James Percy SHEWETH THAT this is the 11th Year of Your Petitioners Claim to the Title and Earldom of Northumberland That the 9th Instant at 10. of the Clock is appointed the day of Hearing before the Right Honourable Lords Spiritual and Temporal in Parliament Assembled Therefore he most humbly Prays that Your Majesty would be graciously pleased to be present at the hearing of the Cause and then Your Majesty will understand how the Moon hath been set under the horrid Black Cloud of Oppression and to see the Moon rise into the Serene Horoscope of Justice And Your Petitioner shall Pray c. JAMES PERCY To the King 's most Excellent Majesty The Humble Petition of James Percy Cousin and next Heir-Male of Josceline Percy late and Eleventh Earl of Northumberland Deceased Sheweth THat Your Petitioner hath about Ten Years waited for the Justice of the Laws of Your
this Court When Mr. Blackeston was asked Whether he went to London to look after Percy 's Tryal he said It concerns me not for the Countess of Northumberland is to bear me Harmless Upon the Fourteenth of May 1678. there was a Tryal had at the King 's Bench-Bar Westminster for Scandalizing the Petitioner's Right and Title where-on a Verdict was given for Three Hundred Pound Dammages to the Petitioner and Judgment obtained thereon As by the said Judgment exemplifyed under the Seal of the Court appears Lastly That your Petitioner hath been all a-long perplexed and troubled by many Suits at Law unjustly Commenced against him by the Agents of the Defendants or some of them on purpose to Tire him out and Ruin him by Chargeable Defences For it is now almost Eight Years since he began his Claim And therefore Humbly prayes this most High and Honourable Court to open some way for the Hearing and Determination of this his Just Claim as it shall in your Mature Wisdoms seem meet and convenient for the Preserving Property and Right This further Complaint since the Late PARLIAMENT was Prorogued and Dissolved Percy is Plaintiff Blackeston the Defendant In Banco Regis Mich. Term. MR. Blackeston being Steward to the Lady Elizabeth Percy and the Countess Dowager of Northumberland being her Guardian the said Blackeston stood upon the Countesses Priviledge until upon another Occasion the Duke of Monmouth by an Order of the House of LORDS took off the Countesses Priviledges as to the Guardian-ship Then Mr. Blackeston sheltered himself under the Earl of Essexes Priviledge until the Plaintiff put his Petition into the House of LORDS that Mr. Blackeston might not be Priviledged by the said Earl Upon which the Earl agreed with the Plaintiff's Counsel That if the Ninety Pound Costs that was unpaid upon the Non-suit between Percy Plaintiff and Clarke Defendant were paid that then Mr. Blackeston should not stand upon Priviledge but go to a Tryal which he accordingly did in his Majestie 's Court of King's Bench. Before which time in the said Term the Plaintiff's Councel informed the Court what the Earl had agreed unto Then the Lord Chief Justice stood up and said to the Plaintiff That the Earl of Essex did promise upon his Honor to set aside his Priviledge and that the Plaintiff should have a Tryal against Mr. Blackeston this Term if the Plaintiff paid Mr. Clarke's Costs first And we do promise the Plaintiff shall have a fair Tryal The Plaintiff thereupon paid the said Ninety Pound Costs into the Court accordingly Monday the Eleventh of November the Plaintiff brought on his Tryal The Declaration being read Counsellor Scroggs opened the Cause and upon a Word in the Declaration there was some Debate But it was waved the Declaration allowed and the Scandalous VVords in the Declaration proved Mr. Atturney General moved that the VVitnesses might be heard to prove the Pedigree upward it being the better way to Satisfy the Court and to Inform the Jury And withal said That his Clyant had no better way to prove his Pedigree but by his Action of Slander For he hath delivered Declarations in Ejectment in several Countries and the Lands are all in great Persons Hands which still delay him by Priviledges Then was the Pedigrees delivered to the Judges But the Lord Chief Justice said What need we trouble the Court to Examine all these Witnesses if there be no Lands Therefore let us see first what Lands there are to make good the Declaration The Plaintiff produced Records out of the Tower and other Places which made out That the Lady Lucies Lands in Cumberland and other Countries were settled upon the Heirs-Males of the Percies for ever upon the Payment of Three Hundred Pound to the KING c. and Quartering the said Lucies Coat of Arms with the Percies Here the Defendant's Counsel started up an Attainder which the Plaintiff's Counsel was not ready to Answer the Plaintiff's Sollicitor having made no Provision against the said Attainder being confident that Attainder could not Hurt nor Prejudice the Tryal And this caused the Jury to be with-drawn The Jury appeared three several Times in this Cause which was occasioned by the Delayes and Priviledges which the Defendant sheltred himself under The Plaintiff payd all the Jury and the Ninety Pound was to be continued in Court till there had been a Fair Tryal But upon a Motion of the Defendant's Counsel there was a Peremptory Rule granted to take the Mony out of Court which was accordingly paid to the Defendant The Second Part of the Tryal should have been had in Michaelmass-Term 1678. while the Witnesses were in Town But the Tryal of Mr. Stayley prevented it So that the Plaintiff's Tryal was put off till Hillary-Term following viz. 27th January 1678. The Defendant's Counsel moved the Court the first Day of Hillary-Term for a New Jury and a longer Time pretending they had but Seven dayes Notice When in Truth the Defendant's Atturney had a Months Notice by the Plaintiff and Twelve dayes Notice by the Plaintiff's Atturneys Clark Upon which the Court gave a Rule for Seven dayes longer and for a New Jury which was Appointed accordingly Then the Defendant's Counsel afterwards moved the Court for a longer Day by reason that their Writings were mis-placed by the Fire in the Temple which further Day was granted till Thursday the Sixth of February and no Costs considered to the Plaintiff for keeping his Witnesses in Town all that Time notwithstanding the Plaintiff's Counsel moved for Costs Note The Lord Chief Justice Hales in the Case of Percy Plaintiff and Clarke Defendant The Defendant's Counsel moved the Court for Seven Dayes time pretending they were not Prepared And the Rule of Court was to pay Thirty-Five Pound to the Plaintiff to maintain his Witnesses in Town for that time which was paid Now on the Sixth of February 1678. the Tryal came on again The New Jury did appear the Declaration was read and Councellor Scroggs opened the Cause as he did before And one of the Witnesses was called to prove the Words And when he appeared the Court acknowledged he had proved the VVords sufficiently before And the Defendant's Counsel made no Objection against the Declaration So the Tryal was to go on where it broake off The Records of the Patents in Queen Maries time one for the Barony and the other for the Earldom produced And he that was the Clark that Examined them appeared but was not suffered to prove them upon Oath Note The afore-said Clark of the Rolls not appearing upon the last Tryal was the Cause of with-drawing the Jury Then when the Court saw the Plaintiff was ready to Answer to their Objections declared That the Plaintiff was Descended Paramount the Attainders And did own the Attaint could not hurt the Plaintiff Then Mr. Atturney General moved as at the first Part of the Tryal That the VVitnesses might be Examined to prove the Pedigree VVhereupon the Defendant's Counsel started up an Act