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
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
his Expectations fail'd there 6. Then he Applyed himself to the LORDS Spiritual and Temporal Assembled in Parliament and they likewise upon the Motion of Sir Francis pemberton Serjeant at Law Counsellor for the Plaintiff dismist his Petitions and so he was left to the Law 7. Then his Sollicitor advised the Claymant by reason the Court of Wards was Dissolved by an Act of Parliament 12. Car. 2. c. 24. to Sue by way of Quo Warranto and Presented it to the then Attorney General but was not allowed Whereupon no Inquisition post mortem was or could be obtained after the Deaths of the Two last Earls of Northumberland viz. Algernoone and Josceline which if it might have been had this Claymant without doubt or question would have been found by the Jury to have been the Cousin and next Heir-Male to Josceline the late Deceased-Earl of Northumberland 8. Then the Claymant applyed himself to Sir Edward Walker the KING's Herald at Arms who was very Rough at first but at last was more Complyant and did direct the Claymant in his Pedigree And on the Day that the Pedigree was Finished the Claymant went to shew it him and found him so ill that he Died the next Day And therefore was prevented of his further Assistance 9. The Claymant's Sollicitor abused him and caused several Lands to be beg'd by several Persons in the Name of the Duke of Monmouth when he was in France At his Return the Claymant went to Windfor to tender his Respects to him and to prevent Differences being loath to contend against a Person of his High Quality And he most Graciously Complyed and told the Complaynant That he should have a Fair Tryal at Law And if the Claymant proved himself Heir-Male God forbid he should hinder him Upon which the Plaintiff returned with great Joy posted away into Northumberland and delivered Declarations in Ejectment upon those Lands the Duke had Recovered of the Countess upon pretence there was no Heir-Male of the Family of the Percies Living But when the Claymant was bringing the Tryal on Priviledge was fet up Whereupon the Claymant went to Mr. Rosse the Duke's Secretary to know why it was so when the Duke did promise He would not stand upon Priviledges but a Fair Tryal should be had Mr. Rosse Replyed The Duke could not set aside his Priviledge To declare how many Persons and how oft the Claymant hath been put off by Priviledges would be too tedious for the Reader 10. When the Guardianship came to the Senior Countess Dowager the Claymant writ to her and Craved her Answer and sent his Servant with the Letter to Sion-House And her Answer was That she would not return any Answer in Writing The Claymant writ also to the Junior Countess and sent Friends to Intercede He likewise writ to Mr. Champion and to Mr. Gee and Mr. Clarke several times And at one time before the Tryal with Mr. Clarke they would have owned the Plaintiff to set him up but broke off upon Terms Although the Plaintiff was forced to suffer a Non-suit yet that Tryal and the Opinion of the Lord Chief Justice Hales convinced Sir Edward Walker and the World And this Clause is put in meerly to satisfy the World Because some say The Countess hath reported what she would do for an Heir-Male of a true Percy Others report That the Claymant is so Stout that he scorned to Apply himself to them The Claymant hath Submitted beyond Reason Law and Equity God himself is the Claymant's Witness For he hath set to his Seal a Cressant a Badge which belongs to the Percies Family which he was Born into the World with and is Descended of a Family of near Thirty Generations For William Lord Percy was the Fifth Generation and came in with William the Conqueror into England And consequently the Claymant is by Matches from Henry the Fourth Emperor and of the Royal Blood of England Legitimate by Father and Mother Grand-Father and Grand-Mother great Grand-Father and great Grand-Mother as by the Oath of Mr. Henry Champion in open Court Whose great Grand-Father Sir Ingleram Percy was the Third Son of Henry Percy Fifth Earl of Northumberland 11. It is to be observed That at that very Tryal the Judgment and Verdict was Exemplified under the Seal of his Majesties Court of King's Bench When the Plaintiff James Percy had proved his Father Henry Percy Marryed Lydia Cope his Mother at Horton in Northampton-shire and that they had two Children Henry and Elizabeth both Elder than the Plaintiff This did abate the Scandal of Bastard and Imposture And my Lord Chief Justice Rainsford stood up and said Gentlemen of the Jury This is enough to prove the Claymant Legitimate We know his Pedigree and that it must be heard before others It is humbly suppos'd he meant before the KING 's most Excellent Majesty and the Right Honorable the LORDS and COMMONS Assembled in Parliament Therefore the Complaynant after almost Nine years Prosecution of his Right is forced in order to satisfy all Impartial Readers to present this his Case to the Publick View If by any means for the Honor of Justice which Establisheth the Throne and every Free-born Subject in his Right he may be Restored to the Place and Seat of his Ancestors there being many Presidents in his own Family that of the Earls of Kent and others of the like Nature The PEDIGREE HEnry Percy First Earl of Northumberland Created by King Richard the Second Had Issue Henry called Hotspur Both Father and Son Attainted Left Issue Male. Henry Percy Grand-Son was Restored by King Henry the Fifth and made the Second Earl of Northumberland Left Issue-Male Henry Percy Third Earl of Northumberland taking Part with King Henry the Sixth was Slain Left Issue-Male Henry Percy Fourth Earl of Northumberland after the Surrender of John Nevel Lord Mountague was Restored and was Slain in Performing his Duty for King Henry the Seventh Left Issue-Male Henry Percy Fifth Earl of Northumberland left Issue Three Sons viz. 1. Henry Percy 6 Earl Dyed without Issue 2. Sir Thomas Percy 2. Son was Attainted and Executed in his Brother's Life-time Left Issue-Males Sir Thomas Percy First Son Created Seventh Earl of Northumberland by Queen Mary after John Duke of Northumberland was Beheaded And left no Issue-Male Sir Henry Percy Second Son of Sir Thomas Percy that was Attainted as above-said in King Henry the Eighth's Time and was the Eighth Earl of Northamberland and left Issue-Males Note the Mistake Sir Richard Percy was this Henry Percy 's Son So that Sir Richard is found too Young by the Great Pedigree to be the Clavmant's great Grand-Father Henry Percy 9 Earl of Northumberland left Issue-Male Algernoon Percy 10 Earl of Northumberland left Issue-Male Josceline Percy 11 Earl of Northumberland Dyed and left no Issue-Male 3. Sir Ingleram Percy Third Son left Issue-Males Henry Percy Eldest Son Heir left Issue-Males James Percy First Son Dyed without Issue-Male Henry Percy Second Son left
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 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
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
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