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
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
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
lived and that William was his Son So Mr. Bushell and Mr. Fleetwood would often tell me the Claymant James Percy that they were fellow-servants with my Father Henry Percy and have often heard Joscelin Percy and the rest of those Eight brethren call Henry the Father of James Cozen and were wondrous familier when they met at my Lord Bacons Had that Lord continued in prosperity Henry Percy his servant had not known so much misery nor James Percy Henry's Son had not run through the Gantlets of extremities Mr. Champion could have done Justice at that meeting at Doctor Lamplues if he had pleased but he rather takes advantage at the Claymants weakness We shall say no more of him but he that blowes out his Neighbors Candle willfully may want light justly before he dies Furthermore it is well known that Henry Percy the Father of James and William took his wife Lydia and her Children and carryed them to Dunington in Lincolnshire and there left them and then took Mary Varnun the Servant of Dame Cope and carry's her to London at which old Henry the Nineth Earl was Angry if things had been right he would have scorned to have seen William to have been brought up by the Parish Had Justice Scroggs suffered the Witnesses to speak at the Tryal it would have been sufficiently prov'd that James Percy and Henry Percy were brothers and the Son 's of Henry Percy that was sent out of the North in Hampiers and was so owned by Henry the Nine Earl and his seven brethren and did oft visit each other Furthermore Algernoon the Tenth Earl did own James the Unkle in Ireland to be the next Heir if his Brother Henry Lord Percy died without Issue Male of his Body Note Josceline was not then Born and sent James Percy the Unckle of James the Claymant 100 l. into Ireland and likewise did often own James Percy the Trunckmaker and give him money and acknowledged That he was the next Heir-male if his Son should dye and leave no Heire-males of his Body Moreover Henry Lord Percy brother to Algernoon the tenth Earl did declare on his Death-bed that James Percy a Trunckmaker was the next Heir if his Brothers Son should die And also Joscelin the eleventh Earl beyond Sea did declare upon his death-bed That James Percy the Trunck-maker in Ireland was the next Heir-Male if he were living and Cryed out Oh that he were here now And as for William Percy alias Varnun he was never owned by any but Mr. Champion who endeavour'd to act the part of Jacobs Mother Had Henry Percy the Father of James the Claymant lived in these times he needed not to have Fled for his Crime Could James Percy have had a fair Tryal he would have printed no more But when you came first to me I shewed you a Mold like a half-Moon upon my Body born into the World with it as hath been the like on some of the Percy 's formerly now search William Percy and see if God hath marked him so surely God did foresee the troubles although the Law takes no notice But God makes a true decision even as he was pleased to make Esau hairy and Jacob smooth if I like old Father Isaack could not See through the mist of Ignorance and misguidements of Politicians the right road of my Pedigree yet now by Providence I can like old Tobias see perfectly the Rebeccaical Actions that hath been practis'd against me and how they endeavour to steal away my Birth-right and my Blessing too And since it is your desire to be satisfi'd be pleas'd patiently to hear a little of my Solicitors Treacherous Practises as Mr. Champion was pleas'd to say to me in the Temple-Walks Mr. Percy who helpt you to your Solicitor I repli'd I believe your self or the Devil sent him to me This Solicitor Mr. Tho. Swayne perswades me into Articles then carryes me down to Pimborne in Dorset-shire to his own House pretending to carry me to old Mr. Roger 's of Canington in Somerset-shire saying He did not doubt but upon reasonable termes to prevail with the old man to put me in possession of the Estate in his life time But when he had put me to so vast Charges then he pretended he might get his Brains beat out for he was informed he was an Old Cross Fellow and therefore he would not go The next Project he had was That I had great Persons to deal withal and I must get Courtiers that were in the Kings Favour and he was well acquainted with them but he would apply himself first to the Lord Newport and propound a Match for one of his Daughters to my Eldest Son but instead of the Match the Lord Newport had begg'd the Lands for the Duke of Monmouth when in truth the Duke was in France and Cannington Lands was begg'd by other Courtiers by the Contrivance of the Solicitor unknown and altogether against the Opinion or Consent of James Percy the Claimant and when the Solicitor saw the Clyant so enraged saith he The Lord of Newport can do what he pleases with the Duke of Monmouth so that the Duke upon the Match should return the Lands again But when Percy would not be satisfyed then Swayne would meet with him at my Lord Newport's Lodgings at Whitehal Percy met at the Hour appointed Swayne being then with the Lord but Percy was denyed The next day Swayne gave Percy a Letter to the Lord to satisfy himself The Lord answered him Mr. Percy You must believe your Solicitor But being earnest with my Lord he replyed Mr. Percy If you will trust to me I will be your Faithful Friend But the Truth is I dare not appear publickly for you I am so near related to that Family Whereupon Percy replyed Nay my Lord if you dare not appear publickly for me I dare not trust you privatly So pray'd God to Bless him and took Leave to depart Then Swayne the Solicitor contrived three Suits at Law against Percy his Clyant which lasted Three Years and Percy cast Swayne in all the three Actions but could not catch him for his Costs And now the Duke of Monmouth hath Sold those Lands that was beg'd and was worth Nine or Ten Thousand Pound per annum for Twelve Thousand Pound But Six Thousand for the Duke's part and the Lord Newport and others had the Remainder as the Claymant is informed Note In that Act of Parliament which Henry Percy Sixth Earl was so profuse in Letting long Leases to his Servants Tenants and others and Exchanging those Lands which of right he ought not to do Yet there was many Savings in that Act which was settled upon the Heir-Males of the Percies for ever which would not be suffered to be read at the Tryals But Learned Counsels were of opinion That his settling the Lands in the Crown was to ingratiate himself in the King's Favour questioning not but that the King would Restore all the Lands again to the Sons of Thomas
the Defendant Mr. Blakeston should not stand upon Priviledge but go on to Tryal Then the Lord Chief Justice Scrogs stood up and said Mr. Percy if you will lay down the 90 l. Mr. Clerk's Cost in Court the Lord of Essex will not insist upon Priviledge and we do promise you shall have a fair Tryal Whereupon the Money was tender'd accordingly and the 90 l. was got out of Court before he had notice by his Attorney Mr. Hancock or before the Tryal was ended And in truth the 90 l. the Opponents ought not to have had by reason the 90 l. Cost ought to have been set aside upon their own Demurrer Moreover it is to be noted that Sir George Jeffreys was Councel for the Plaintiff at the fore part of the Tryal and had taken 40 s. a Retaining Fee and 3 l. a Pleading Fee and had the Petitioner's Breviate but at the latter part of his Tryal pleaded against the Petitioner notwithstanding the Plaintiff tender'd him new Fees and complained of him in Court. All which caused the Plaintiff to Appeal to the Parliament by two Writs of Error to have the Errors argued and his Title to be brought to an Issue to be call'd to the Place and Seat of his Ancestors according to his Birthright That the Kings most Excellent Majesty hath been graciously pleased to referr your Petitioner to the Lords in Parliament to hear and determine his said Cause and to that purpose he hath been at vast Charges in renewing his two Writs of Error after every Prorogation and his Attorney hath received 60 l. only for the Kings Hand besides all other Charges which far exceeded And his said Attorney did promise your Petitioner to get all his Breviates in a readiness against the Tryal but did altogether fail as the printed Petition hereunto annexed makes appear Moreover he told your Petitioner sometime before that he could have had a hundred Goineys to betray your Petitioner and some other of your Petitioners Councel have been tempted with Bribes but they were so Just as to refuse And now the Agents have surprized your Petitioner for they knew the Error must have been proved against the Plaintiff Mr. Blakeston so that they would not take their Cost for that days disappointment according to the prayer of the printed Petition but have obtained the Writ of Error to be dismist the Lords House without any fair Hearing so that all they have done and do is by way of surprizal to tire the Claimant out of his just Right He therefore most humbly beseeches the Honourable House of Commons as he is yet but a Commoner that for the Glory of God the Honour of our King and Kingdom to stand up for Justice so that Property and Right may be preserved and the Oppressed may be relieved for this is the 11th year of your Petitioners Claim And intercede with the Kings most Excellent Majesty and the Right Honourable Lords Spiritual and Temporal not to suffer a Loyal Subject to be over-powered but that his just Claim may be heard with patience and determined in Justice and that your Petitioners Bill may be made an Act to restore the true Heir to his Birth-right and that the Title and the Estate that is now dispersed into several hands may be forthwith settled by an Act of Parliament And he shall ever pray Near 300 l. the two Writs of Error have cost for putting into Parliament continuing and renewing after every Prorogation and now they have Execution upon Blakeston's Writ of Error before the Case is heard The Attorney-General said Mr. Percy Now you have no where to Appeal but to Heaven But if Justice be not done on Earth we may fear Gods Vengeance will come from Heaven Therefore the Petitioner is forc'd to Appeal to those Worthies in the House of Commons for Justice and therefore he hath annexed the printed Petitions To the KINGS most Excellent Majesty And to the Right Honourable Lords Spiritual and Temporal in PARLIAMENT Assembled The Humble Petition of JAMES PERCY SHEWETH THat after your Petitioner's Complaint against his Attorneys James Hooton Edward Fyfield and John Hancock Mr. James Hooton one of your Petitioner's Attorneys understanding the Complaints against him sent the Writings by his Man which came too late out of which Papers his Breviates ought to have been drawn which doth testifie the Truth of your Petitioner's Complaint and what he offered to confirm upon Oath before your Lordships Therefore your Petitioner most Humbly prays That the two Writs of Error may be continued between Percy Plaintiff and Blakeston Defendant and Utting Plaintiff and Coppleston Defendant and that his Councel that he hath Retained formerly may be allowed your Petitioner to argue the said Cause that is to say Sir William Jones Serjeant Pemberton and Serjeant Simpson and that a new day may be ordered now his Witnesses are in Town and desires no longer time then his Councel may well consider And further prays That a moderate Costs may be tax'd upon account of the Attorneys Negligence And your Petitioner shall ever pray c. JAMES PERCY It is hoped that the Neglect of the Attorneys shall not destroy a man's Birth-right Title and Inheritance Your Petitioner's Cause being before your Lordships to hear and determine therefore humbly prays that a new day may be Ordered before his Witnesses be dispersed To the KINGS most Excellent Majesty in PARLIAMENT The Humble Petition of JAMES PERCY SHEWETH THat this annexed Petition fairly writ was presented at the Bar of the Lords House the 10 th Instant That your Petitioner is at a vast Charge in keeping his Witnesses in Town waiting for an Order and a Day appointed according to the prayer of the said Petition He therefore prays That your Majesty would be graciously pleased to call for the said Petition and cause it to be Read and that a short day may be appointed that a fair Hearing may be had to find out the Truth and that Justice may be done accordingly And let it not be said in England that the Innocent are punished and the Guilty go free But call to mind how merciful God hath been in Restrring your Majesty Even so in pity Restore your poor distressed Subject And he shall ever pray c. JAMES PERCY This Petition was presented into his Majesties Sacred Hand the 15 th of December 1680. To lose such an Opportunity as offered on Thursday last and now to trouble so good a King so oft doubles your Petitioner's sorrows And that which adds to your Petitioner's misery is that he cannot dispose of his Witnesses till a positive Order be had for which he humbly prays Note these three following Presidents I. THe Lord of Newport begg'd the Percies Land of the King for the Duke of Monmouth when the Duke was in France but at the Duke's return Percy the Claimant waited upon the Duke to know his pleasure and told him That my Solicitor had betrayed me for the Percies Lands were begg'd without the
Pray c. JAMES PERCY THis Petition was offer'd to His Majesty the 24th of January 1680 1. and His Majesty was pleas'd to say He would not receive it But said You may go where You please Which Saying was taken for an Answer to that Petition presented the 17 of January Wherein it was to be understood the Petitioner had prepared his Complaints for the House of Commons It is to be noted That the Gentlemen who attended the King said Yonder is the E. of Northumberland with a Petition why should Your Majesty trouble Your self with it had You not one the other day reject it I have found His Most Excellent Majesty hath been inclinable to Justice all along but still is obstructed by one means or other But the plain Truth is His Majesty would not be seen to give and ungive at his own pleasure His Majesty being mistaken in his Guifts Therefore was Graciously pleased the Lords should Hear and Determine the said Cause And to that purpose did come down to the Bar in the House of Lords to hear the Cause Himself but was disappointed as by the Petitions and Affidavits appear But the said Cause having been continued a long time at such a vast Charge and then to be slightly blown over without a fair Hearing all the World much admires For the clearing up of the Pedigree would have confirm'd the Errors Therefore Your Petitioner Appeals to the Honourable House of Commons And most Humbly and Earnestly prays your Assistance to enquire the Reason why and how the Writts of Errors came to be dismist And that they may be Re-manded back that a fair Hearing may be had according to the Prayer of the Petitions Or that You will be pleased to cause the Heralds to enquire into the Truth of the Claimants Pedigree And that He may be call'd from the Kings Bench Prison to the House of Peers to take the Place and Seat of his Ancestors Earls of Northumberland And Your Petitioner shall ever Pray c. JAMES PERCY Right Honourable I Am your Cousin though a Prisoner descended from the Body of Henry Percy 5th Earl of Northumberland By which Descent I am Cousin and next Heir-male to Josceline Percy your Father the hite and 11th Earl of Northumberland Deceased A Prison is a Grave for Men alive But when Naboth was ston'd to death then Ahab took possession of the Vinyard 1 Kings 21.18 And walking in the Garden among the Beds of Pleasure then God sent his Prophet Elias to tell Ahab of his Transgression notwithstanding he was a King Ezekiel 46.18 When Belshazzar wac quaffing in the Gold and Silver Vessels of the Temple then appear'd the Hand-writing upon the Wall Dan. 5. When your late Husband the Lord Ogle went about to assume the name of Percy and to have the Percies Lands settled upon him by Act of Parliament then God call'd him to Accompt Therefore let Your Ladiship do Justice speedily and submit to Truth in Time for fear God calls You to Accompt also I believe Your Servants and Agents have rendred Me to You to be a Monster and not a Man Be not too subject to Believe Them but see with your own Eys and hear with your own Ears and admit Me into Your presence for I have somthing to offer that will add Fame to Your Honour and Rank You with those Two Worthy Women of our Family the Lady Agnes Percy who preserved the Percies Name and the Lady Lucy that settled her Estate upon the Heirs Males of the Percies for ever And for ever that Estate must attend the Title And the Fines can never be recover'd but by the true Heir-Male of the Percies Mr. Gee can inform You if he pleases how I was at Petworth in the Year 1654. And then and there made my Claim as I do now And before Mr. Clark's Tryal Your Agents with their Councel would have own'd Me to be the next Heir and would have assisted Me for the Title with their Books Pedigree and Records And also how I met with Mr. Champian and Mr. Gee at Doctor Lampley's House and there made out my Pedigree clear only I could not find out my Great Grand-fathers Name First it was a very hard Name And Secondly Mr. Champian kept it secret till he was forc'd to declare upon his Oath that Sir Ingelram Percy was Married and had Sons and Daughters at Sir John Coppleston's Tryal for Cannington and Rodaway Lands in Somersetshire Thirdly The Heralds had altogether neglected the Collateral Line of the Percies Now all my Aim is really to beget a right understanding so that I may remain Your Ladiships Real Cordial and Faithful Kinsman and most Humble Servant JAMES PERCY What I have to declare to your Ladyship is not convenient to be committed to writing but assure your self it really tends to your present Welfare and future Peace and Prosperity An Answer will find me in the Kings-Bench-Rules at the Written Table at Captain Dancer's House in Lombard-street near the Bowling-green in the Borough of Southwark This Letter was presented the day of the date hereof and the Claymant hath printed it that the world may see that a true Percy is not ashamed of his Innocent and Just Cause nor affraid of his Potent Opponents For he whom I trust in is greater than they 5 Eccles ver 8. ☞ NOw in these our days there is no Prophet God Michaia Elijah nor Interpreters of Dreams like Joseph and Daniel that dares presume to speak to Kings as they did in those days Therefore James Percy the true Heir male of the Percies Earls of Northumberland humbly makes bold with the Prophet Ezekiel cap. 46. ver 18. Moreover the Prince shall not take of the Peoples Inheritance by oppression but he shall give his Sons Inheritance out of his own Possession that my People be not scattered every man from his Possession The King 's Most Excellent Majestie 's Gracious Answer was to the Claimant's first Petition in 1670. God forbid that we should hinder an Heir but that he should have the Benefit of the Law And to that purpose His Majâ—sty ordered Sir John Berkenhead Master of Reequests then in wâ—iting to go to the Attorney General to know why he refused to sign the Co-warrant which the Claymants Sollicitor Mr. Thomas Swain presented to him to sign But the Attorney General said He could nâ—t sign Percie 's Co-warrant by reason that he was of Council for the Countess of Northumberland And the Court of Wards being put down did much â—â—dernize the Claimant in his Proceedings and to less than nine several Persons have stood upon and been shâ—â—ter'd under Priviledge which hath been the cause of delay all this time And from that time Mr. Swayn the Claymant's Sollicitor began to play the Devil with two sticks for whilst James Percy was prosecuting the Law and delivering Declarations in Ejectments in the North the Sollicitor had contriv'd the business so as the Title and Lands were begg'd dispos'd and scatter'd
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