THIS BOOK Makes appear the Claim Pedigree and Proceedings OF JAMES PERCY Now CLAIMANT to the EARLDOM OF Northumberland Humbly presented to both Houses of Parliament Printed in the Year 16â—â— THis Preface is only to tell the Readers that all new matters are still placed in the Front of this Book which seems Irregular but read this with Patience and in time it may be Regulated and put into a due Form In short I cannot nor must not forget Truth and Justice nor the Actions of just Men. For Sir Thomas Percy K nt was courted to take upon him the Title and Earldom of Northumberland but he refus'd it because he knew himself to be Descended from Sir Thomas Percy K nt Lord Egermond 2d Brother to Henry Percy 3d. Earl of Northumberland Captain Percy of Beverly did look after the Earldom of Northumberland and to preserve the name of Percy but he left off his Claim by reason he sound himself to be Descended from one of the Brothers of Henry Percy 5th Earl of Northumberland c. Now Sir Ingelram Percy K nt was the 3d. Son of Henry Percy 5th Earl of Northumberland who had 2 Sons viz. 1. Henry had Issue 3. Sons James William Henry James Claimant 2. Robert had Issue 3 Sons Robert Thomas one more Alexander Roger Francis God hath not set the Half-moon in vain upon the Claimant but the World may look upon it to be the Almighties Candle to find out the true Heir-Male James Percy Now for Alexander Percy Gent. of Ireland that rides in the Life-guard and Mr. Roger Percy Shoe-maker at Charing-cross and Mr. Francis Percy Stone-cutter in Cambridge and his Brother a Taylor I acknowledg them to be Cousins and Descended from the Sons of Robert Percy my Great Vnkle And by reason I know not which is the Eldest and nearest of Kin of thâ— Collateral Line Thereforâ—â— most humbly pray That the Heralds may take notice and help them to find out the truth of Seniority For my Cordial Endeavours are to preserve the Moon from being Misted or Eclipsed any more HENRY PERCY 5th Earl of Northumberland Married and had Issue 3 Sons viz. I. Henry Percy 6th Earl of Northumberland Married and dyed without Issue II. Thomas Percy Married and had Issue But when Josceline Percy the 11th Earl dyed the Heirs Males of this Line were Extinct also III. Sir Ingelram Percy Married and had Issue 2 Sons viz. Henry and Robert Henry Percy Eldest Son Married and had Issue 3 Sons viz. James William and Henry But the 2 elder Brothers dyed without Issue-male Henry Percy Third Son Married and had Issue 3 Sons viz. Henry James and Henry But the two Henries dyed young James Percy the now Claimant Married and hath 3 Sons viz. Anthony Henry and John Anthony Percy is Married and hath Issue Henry Percy Grandson of James Percy the now Claimant The following Account makes out this Pedigree fully and at large down from Henry Percy 5th Earl of Northumberland to the Claimant James Percy his Sons and Grand-son Henry Percy A True Pedegree to prove the Claymant James Percy to be the second Son of Henry Percy of Horton in the County of Northampton who was third Son of Henry Percy of Parvenham in the County of Bedford who was the eldest Son of Sir Ingelram Percy K nt who was the third Son of Henry Lord Percy 5 th Earl of Northumberland By which Descent the Claymant is Cousin and next Heir-male to Joscelin Percy the late and 11 th Earl of Northumberland Deceased HENRY Lord PERCY Fifth Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan and Knight of the most Noble Order of the Garter Who married Katherine one of the Daughters and Co-heirs of Sir Robert Spencer Knight by whom he had Issue 1st Henry Lord Percy 6th Earl of Northumberland who Dyed without Issue 2d Thomas Percy Knight who was Executed had to Wife Eleanor one of the Daughters and Co-heirs of Sir Gwichard Harbottle Knight by whom he had Issue Thomas the 7th Earl of Northumberland who was beheaded at York and dyed without Issue-male And Henry the 8th Earl of Northumberland whose Issue is incerted hereafter 3d. Sir Ingelram Percy Knight who was married as by the Oath of Mr. Henry Champion who kept the Books and Records of the Percies Henry Lord Percy 6th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan Knight of the most Noble Order of the Garter who Dyed at Hackny near London the day before the Calends of July 1537. leaving no Children behind him The Dignity of the Earl of Northumberland was vacant till the time of Edward VI. John Dudly Earl of Warwick Viscount Lisie Lord Basset and Tyes was intituled Duke of Northumberland the 5th year of King Edward VI. But when he was Dead Thomas Percy Nephew to this Henry by Thomas his Brother who was Executed In the Reign of Qu. Mary was restor'd to all the Honours of that Family Thomas Percy Nephew to Henry 6th Earl of Northumberland by his Brother Thomas when the stock of the Percies were fading to their Relief was invested to the Earldom of Northumberland which the Earl of Warwick held before and thereby was the 7th Earl of Northumberland of that Family Lord of the Honours of Cockermouth Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan Queen Mary bestowing those Honours upon him and his Heirs Male and for want of such Issue Then to Henry his Brother and his Heirs Male by her Letters Patents dated the first day of May 1557 and whatsoever else of the Antient Patrimonies of the Earls remained Seised or Forfeited But if He should die without Issue Male Then it should go to his Brother Henry and his Issue Male. And although to Honour him the more Queen Elizabeth made him Knight of the most Noble Order of the Garter Yet He unmindful of all these Benefits Conspir'd with Charles Earl of Westmerland to Depose by Force Qu. Elizabeth So by Authority of Parliament he was Condemned for High Treason and as Chief in the Conspiracy was beheaded at York 14th year of Queen Elizabeth Who married Anne the Daughter of Henry Somerset Earl of Worcester and had Issue Male Thomas that dyed young and 4 Daughters Heirs Males Extinct And Henry Percy 8th Earl of Northumberland Lord of the Honours of Cockermouth Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan all which Honours he enjoy'd by virtue of the Letters Patents given by Queen Mary to his Brother Thomas and was Created Anno 1574. He was after accused of Treason and being in the Tower of London slew himself with a Dag charg'd with Two Bullets before his Cause was heard or that he was Arraigned in the Month of July 1585. ARMS Quarter'd as before Who married Katherine one of the Daughters and Co-heirs of John Nevel Lord Latimer by whom he had Issue 1. Henry the 9th Earl 2. Thomas
who dyed young 3. William 4. Sir Charles Percy Knight 5. Sir Richard Percy Knight 6. Sir Alan Percy Knight 7. Sir Josceline Percy Knight 8. George Percy Esq Henry Lord Percy 9th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne and Bryan and in his Mothers right Lord Latimer He was Knight of the most Noble Order of the Garter by Qu. Elizabeth in the Year of our Lord 1593. Who marryed Dorothy Daughter of Walter Devereux Earl of Essex by whom he had Issue 1. Algernon the 10th Earl 2. Lord Henry who dyed without Issue Algernon the 10th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne Bryan and Latimer Knight of the most Noble Order of the Garter Lord Admiral of England and General over His Majesties Forces for his Expedition 1640. and one of His Majesties most Honourable Privy Council He marryed Two Wives by the former he had 4 Daughters and by the latter Wife 1 Son viz. Josceline Josceline the 11th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne Bryan and Latimer Deceased Who married Elizabeth Daughter to the Earl of Southampton by whom he had Issue 1. Henry who dyed young 2. Elizabeth who marry'd the Lord Ogle Heirs Males Extinct The Collateral Line Sir Ingelram Percy the 3d. and youngest Son of Henry Percy the 5th Earl of Northumberland who married and had Sons and Daughters as by the Oath of Mr. Henry Champion who kept the Percies Books and Records where he found what he testify'd upon Oath at the Tryal between Vtting Plaintiff and Coppleston Defendant He had Issue 1. Henry Percy 2. Robert Percy and 2 Daughters About 1559. these 4 Children were in the time of Troubles in Queen Elizabeths Days sent out of the North in Hampers to old Dame Vaux at Haraden in Northamptonshire and there were brought up preserved and provided for Therefore it is concluded by all that Sir Ingelram's Lady the Mother of those Children must be related to Dame Vaux's Family The Countess Dowager of Dorset Pembrook and Mountgomery said That if the Claimant James Percy were her Kinsman he must be descended of those Children that were sent into the South in Hampers Note There were but few Coaches in those days Margaret that married the first Earl of Cumberland whom the Countess of Dorset descended from was Sir Ingelram Percie 's own Sister And while the Claymant was with this Lady enquiring and delivering Declarations in Ejectment the Estate was all-begg'd as his printed Book makes appear more at large That which wildernized the Claymant was the rending the matchings of the Percies out of the Herald's Book and likewise the Herald-painter left Sir Ingelram quite out of the first Pedegree Henry the eldest Son of Sir Ingelram marryed the Daughter of one Tibott by whom he had Issue 1. James Percy who dyed about the year 1654. in Ireland without Issue-male 2. William who died young 3. Henry And 3 Daughters Henry Percy married Lidea the Daughter of Mr. Robert Cope of Horton in Northamptonshire by whom he had Issue 1. Henry who dyed young 2. James 3. Henry who dyed young 1 Daughter named Elizabeth James the now Claymant born 1619. of Henry and Lidea his Wife who was 2d Son of Henry who was first Son of Sir Ingelram who was 3d. Son of Henry 5th Earl of Northumberland who was great great Grandfather of the Claymant James Percy who married Sarah the Daughter of John Sayer of Norwich Gent. by whom he hath Issue 1. Anthony Percy married and hath a Son viz. Henry 2. Henry 3. John UPon a tripartine Exchange the Countries from Trent Sir W. Churchil's History fel. 257. to the North-ward was the Lot of the Percies in Memory whereof the same being in the Georgraphical Form of an Malf-moon Crescent for their Cognizance A short Abstract of the fore-going Narrative co-temporizing down from Henry the 5th Earl of Northumberland who had as before the following Issue 6th Earl of Northumberland Henry eldest Son who dyed without Issue Thomas second Son had two Sons both Earls 7th and 8th Earls Thomas and Henry first Cousins unto 9th Earl Henry and his Bretheren second Cousins unto 10th Earl Algernon and his Brother third Cousins unto 11th Earl Joscelin fourth Cousin unto The Lady Elizabeth Percy married to the Lord Ogle 5th Cousin unto Sir Ingelram Percy third Son had two Sons viz. Henry James Henry James Anthony Henry Henry John Robert This may satisfie all wise Men of the Truth of this Pedigree As for the Claymant James Percy he doth acknowledge the mistake of claiming under Sir Richard Percy who was born Anno 1573. And James Percy who was Unckle and Godfather to the Claymant was born 1581. So by this Account Sir Richard must have been a Grandfather at 8 years of Age. This is an impossible thing indeed But here lies the Mystery and the very Truth of this matter and it was his Councels advice to fix upon a wrong party which said they would be the only way to find out the right party For the Matches of the Percies was rent out of the Heralds book and Sir Ingelram Percie 's Name was quite left out of the first Pedegree which wildernized the Claymant and the Councels too which forced the Claymants Councel to tell the Lords in Parliamant that the Cause did not lie before their Lordships but ought to be tryed before the inferiour Courts first and if the Law could not end it then it was to return and come before their Lordships again to debate and to determine Since which time it hath been found out by a Verdict at Law that James Percy is the Legitimate Son of Henry Percy and Lidia his Wife And upon Petitions as in the printed Book may appear The Kings Most Excellent Majesty hath graciously condescended that the Lords in Parliament shall determine the said Cause It is hoped that this just account will abate that mistake of Clayming under Sir Richard for the Lord Chief Justice Hayls said at the first Tryal That the Plaintiff had proved himself Legitimate by Father and Mother by Grandfather and Grandmother but had taken his Descent too Low he must go a step or two Higher And the Lord Chief Justice Rainsford said to the Jury at that Tryal against Wright for Scandal That the Plaintiff had proved himself Legitimate and therefore did not examine the third part of his Witnesses but said His Pedegree was fully proved at a Tryal before that Court. So that the Plaintiff ought to have had a Verdict then when Mr. Henry Champion's Oath did perfect and fix'd the Pedegree as before-declared And the Lord Chief Justice Scroggs at the last Tryal against Blaickstone for Scandal and the whole Court did own the Pedegree of the Plaintiff only said The Declaration was nought When in Truth it was debated and allowed at the first part of the
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
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
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
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
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
Issue-Males Henry Percy First Son dyed Young left no Issue James Percy the now Claymant second Son hath Three Sons ¶ It is to be observed The Herald-Stainer in the First Pedigree did leave out Sir Ingleram and likewise at another Herald-Stainers where the Claymant found out the best In elligence There he found that Leaf wanting of the Marriages of the Percies which the Alphabet Directed unto which much obstructed the Claymant's Endtavours More-over It is said in Printed Books That Thomas Rebell'd about the first Difference in Religion But judicious Men judge it was the Profuseness of his Brother in endeavouring to give away that which in Law and Equity he ought not to do Doubtless this did Aggravate And upon this Consideration was the Lands given back to the Sons And if the Issue of a Rebellious Son be Restored great Reason the Innocent should Enjoy his Birth-Right And whereas there are divers Lands annexed to the Title and setled upon the Heirs-Males of the Percies for ever which Lands are wrongfully Possest by the Females And that by the Fraudulent Practice of his Sollicitor other Lands are Beg'd Bought Sold and Exchang'd So that no Decision can be had by Law Therefore humbly prayes As he is yet a Commoner and a Free-born Subject of England that he may be Relieved by Act of Parliament as is usual in such Cases By doing Justice in this your Day may prevent the like Troubles from falling upon some of yours another Day He humbly remains a Faithful Servant to God to the King to his Country For the want of the Court of Wards and the Court of Honors forced the Claymant to Publish these Complaints James Percy This Following Account I hope will satisfy You and the whole World Worthy Sir Consull Tooker informes me that you declare that if you were satisfied in my Pedigree you would use your uttermost endeavour for Justice and Truth Sir When I Lodged at Doctor Chamberlines you came to me and informed me of William Percy I then took two Witnesses and went to him and said Cozen I know my self to be next if Kin to Earl Percy that is dead but cannot make out my great Grand-Father I pray tell me whom do you Claim under He said My Fathers name was Henry Percy and my Mothers Name was Mary Varnun that lived with Madam Cope in Northampton Shire James replyed My Fathers name was Henry Percy and my Mothers name was Lydia Cope and Dame Cope her Mother was my Grand-Mother William replyed Certainly you are my brother for I was told I had a brother living but where he lived and what became of him I never heard till now Col. William Ayrs said What Henry Percy was your Father and whose brother was he William replyed he was the Earls brother as the Agents told him for he knew nothing but what they told him James Percy replyed but my Fathers Elder brothers name was James Percy and was my God-Father and he never had but one Daughter and James my Uncle and Henry my Father were the Sons of Henry Percy of Pavenham in Bedfordshire and my Grand-Father was sent out of the North in Hampiers to old Madam Vaux in Northampton-shire when the Percies were in trouble in Queen Elizabeth dayes and it is my Grand-Fathers Father I cannot find which would fix the Pedigree Insomuch as the Counsels were at a stand but was of Opinion that by fixing on a wrong Person was the only way to find out the Right Note that the aforegoing is enough to satisfie any reasonable man that James Percy and William Percy must be brothers for Henry Lord Percy was never Married Now Henry the Father of this James was Married to Lydia Cope in the year 1614 as by the Register Book and this True Claymant James Percy was born 1619. And there was Henry and Elizabeth both elder than James then what signifies William the Son of Mary Varnun who was born in the Year 1627 which proves him an Aprentiship Younger but if he proves his Mother Married to our Father then he ought to go by the Name of William Percy and if not Married then to go by the Name of William Varnun I should never have uncovered my Fathers Nakedness had not my brother and wicked Agents and men hard of belief forced me to it therefore mark well the following practices 1. When James Percy the Claymant was at a loss and could not find his great Grand-Father then the Agents put William Percy to Claim under Henry Lord Percy Algernoon the Tenth Earls brother 2. When James Claimed under Sir Richard Percy then they put out a Pedigree pretending to undeceive the people and there my younger brother is pretended to descend from William Percy the elder brother of Sir Richard Percy so cunningly placing of the Younger brother before the Elder the more to wildernize the elder brother and amuse the World 3. When the Tryal was to be had against Clark then they would have owned the Claimant James Percy and set him up in all hast as the Book relates more at large at the Tryal before Judge Hales 4. Further to keep the Elder brother James Percy in darkness the Leaf in the Heralds book was rent out concerning the Matches of the Percies 5. The Herald that drew the first Pedigree left Sir Ingleram Percy out yet by Judge Hales direction and Sir Edward Walkers and the help of Friends the Truth was found out at last according to the Counsels direction notwithstanding their setting him forth in the Gazzets to be an Imposter 6. When he first went into the North to deliver declarations in Ejectments James Percy the Claymant was poisoned at New-Gastle at York was arrested on two several Actions of 20000l each Action for the bits half Tryals I have at vast Charges and pains obtained I refer you to the Book wherein is not a Tyth of the Complaints and Wrongs done and Committed by the Agents 7. Remember how Clark dyed in the North and how Mr. Champion dyed in the South who did to his power blindfold the Truth Note also after Clark's Tryal I went to Mr. Champions house at Thistle-worth and told him That God would revenge my innocent Cause for certainly there would a Curse attend such horrid practices so unjustly continued against the True Heir that was owned by Judges and Juries and all wise men that understand what they read may easily discern Truth from Falshood to that end doubtless the great God hath set to his Seal the Half Moon a badge belonging to the Percys a Crescent or Mole upon the True brother and Heir of the Percies Now if men will be of such hard belief God will shew Wonders before Truth shall be Overthrown and Trampled under Foot This acount I hope will confirm your Judgement and cause you to imbrace the Truth Take these further Arguments and Reasons MR. Henry Champion ownes that Henry Percy that lived with my Lord Bacon was the right Heir had he
of Right belong And therefore prays his Bill may be be made an Act to settle the Title and Estate together again that Property and Right may be had according to Justice That at his first coming to Claim your Petitioner petitioned the Kings most Excellent Majesty who was graciously pleased to say God forbid We should hinder an Heir but that he should have the benefit of the Law That your Petitioner applyed himself to the Lords in Parliament where he then could not prove his Great Grandfather which forc'd his Councel to tell their Lordships That the Claimants Cause lay not before them but ought to be Tryed at the Common Law first and when the Cause had went through the Inferiour Courts to prove his Pedigree and if the Law could not end it then the Cause ought to come before their Lordships again to Hear Debate and to Determine And at that time his potent Adversaries did publish in the Gazette that your Petitioner was an Impostor and at their Courts did declare to all the Tenants that the Claimants name was not Percy but that he was a Bastard and that Henry Percy whom he declared was his Father they could prove was never Married Yet they have made all the Waste imaginable cutting down Woods pulling down Castles over-working of Lead-Mines and Coal-Mines and not only so but it cast the Petitioner out of Favour in the World that His most Excellent Majesty was pleased to give the Title one way and the Land several ways which hath not only multiplied Enemies but by their Power Policy and Priviledge hath put off your Petitioner near Eleven Years Therefore your Petitioner renders this following Account that his Just Cause may be known what hard usage he hath found at Law That the first Tryal was in the year 1674. against Mr. John Clerke the chief Agent for scandalous words who shelter'd under Priviledge a long time and before the Tryal they offer'd to Own him and to assist the Claimant James Percy with their Books Pedigree and Records but would not be bound to perform Then the Plaintiff perceived it to be a baffle for a longer delay and there were no good Faith in them then said the Plaintiff Currat Lex I will have the Tryal if it be but to wash the dirt off which the Gazette and your evil practices have thrown upon me And at the Tryal the Attorney would suffer a Non-suit without the consent of his Client at which the Lord Chief Justice Hales seemed not to be satisfied but stood up and said That James Percy the Claimant and Plaintiff had proved himself a true Percy legitimate by Father and Mother Grandfather and Grandmother and of the Bloud and Family of the Percies of Northumberland and did verily believe that the Plaintiff was Cozen and next Heir-Male to Joscelin the late and 11th Earl of Northumberland only he was afraid he had taken his Descent a little too low And the Jury at a Treat which Mr. Clerke the Defendant gave them said to Mr. Clerke You are beholden to Mr. Percy for suffering a Non-suit for truly we must have given a Verdict for the Plaintiff his Cause was proved so clear and the Damages was laid in the Declaration 10000 l. The second Tryal was upon an Ejectment for Cunnington and Rodoway Lands in Somersetshire which Lands of right fell to the Heirs-Males of the Percies after the Heirs-Males of the Rogers was extinct Doubtless it was by mis-information his Majesty was mistaken in his Gifts And at that Tryal the Pedigree was fully proved up to the Plaintiffs Great-Grandfather Sir Ingleram Percy youngest Son of Henry Percy 5 th Earl of Northumberland by the Oath of Mr. Henry Champion who was Steward to the Earls of Northumberland and declared at that Tryal that he found in the Books and Records of the Percies that Sir Ingleram Percy was married and had Sons and Daughters so that a Verdict ought to have been had for the Plaintiffs Pedigree at that Tryal also And Sir John Coppleston did not only shelter under Priviledge but when the Writs of Error were put into the House of Lords he then sued the Plaintiff in the Court of Kings-Bench and got Cost and broke the Priviledge of Parliament The third Tryal was against one Mr. Wright for the like scandalous words where your Petitioner proved his Legitimacy again and not the Tythe of his Witnesses were examined for the Lord Chief Justice Rainsford stood up and said Gentlemen of the Jury we need not trouble the Court to examine more of the Plaintiffs Witnesses by reason his Pedigree was fully proved before at a former Tryal at the Bar of this Court And when the Jury brought in but 300 l. Damages the Lord Chief Justice was angry and told them they had undervalued the Plaintiffs Cause the Judgment exemplified under the Seal of the Court makes appear the same That the fourth Tryal against John Blakeston Esq who was likewise an Agent for the Lady Elizabeth Percy and kept her Courts and did declare the like scandalous words and gave it in all his Charges to the Jury and Tenants to take special notice thereof And at the Tryal on Monday the 11th of November 1678. the words were proved The Declaration was allowed after some debate upon a nice word which was amended But the Councel for the Defendant started up an Attainder in the Case which the Plaintiffs Councel was not prepared at that time to remove that Objection but the Tryal was put by at that time and the Jury was withdrawn as the Plaintiffs printed Book declares more at large But the second part of that Tryal was upon the 6th of February 1678. a new Jury upon the motion of the Defendants Councel did appear and the Plaintiffs Councel did clear that point concerning the Attainder by reason the Plaintiffs Councel made appear to the Court that James Percy was descended from the Body of Henry Percy 5 th Earl of Northumberland of Sir Ingleram Percy his youngest Son and that the Collateral Line was never Attainted and therefore ought to enjoy the Title and Estate of his Ancestors Earls of Northumberland Then the Defendants Councel and the Court did own the Plaintiffs Title and Pedigree but said there was no Lands to support the Title then the Plaintiff prayed that the Court would confirm what they owned by a Rule in Court whereupon the Lord Chief Justice Scrogs stood up and said Confirm or not confirm the Declaration is naught discharge Blakeston from the Suit of Percy notwithstanding the vast Charge the Plaintiff had been put to by the Defendants sheltering under the senior Countess of Northumberlands Priviledges And when the Duke of Monmouth had set aside her Priviledges then he shelter'd himself under the Lord of Essex his Priviledge And when the Plaintiff had made his complaint to the House of Lords the Lord of Essex did agree with the Plaintiffs Councel that if Mr. Clerk's Cost was laid down in Court for his security
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
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