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 Title 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 Gazet published That through the high Priviledges Policy and Potency of the Opponents and Treachery of his Solicitor and falling away of some of his Councel all which occasioned Errors both particular and general That as William Percy the Brother of the Claimant was put 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 who 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 a 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 o. 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 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 Katheriue 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 Iffue 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 Sir Ingelram Percy third Son had two Sons viz. 7th and 8th Earls Thomas and Henry first Cousins unto Henry Robert 9th Earl Henry and his Bretheren second Cousins unto James Henry 10th Earl Algernon and his Brother third Cousins unto James 11th Earl Joscelin fourth Cousin unto Anthony Henry John The Lady Elizabeth Percy married to the Lord Ogle 5th Cousin unto Henry 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 Tryal which is good Cause of Error As the Claymant hath laboured to find out the Truth even so he doth most humbly pray That all Wise Learned and Conscientious men may take Courage like the Lord Chief Justice Hayls and his Brethren and strictly inquire into the very bottom of the matter and to set aside all mistakes and set up Truth and maintain and speak cordially to and for Justice this being the only way to clear the Innocent and put a stop to Oppression And the Relieved as in Duty bound shall ever pray for his Majesties long Life and the Prosperity of Him His Realms and Kingdoms The above Claymant had two Petitions read in Council 21 July 1680. and rejected It seems it was objected that the Man whom the Claymant claimed under must be a Grandfather at eight years old It is hoped the account aforesaid will justly satisfie and procure a right understanding at the second hearing before the Lords in Parliament And there being no president as the Claymant is informed that the Orders of this House do perpetually bar where the party hath not been fully heard For Henry 5th Earl had Sir Ingelram who had Henry and he had Henry who had James the Claymant This Truth is as clear as the Sun at Noon-day and blows over the misty mistake of Claiming nnder Sir Richard Percy It was the putting down of the Court of Wards and setting up of Priviledges on all sides against the true Heir-male and the general neglect of the Heralds in the Collateral Line and the treacherous Actings of his Solicitor did obstruct and delay all this time Moreover the Lord Ogle that married the Lady Elizabeth Percy hath endeavoured to change his Name from Cavendish to Percy and also to have obtained an Act of Parliament to settle and confirm upon him the aforesaid Lord Ogle all those Lands which are annexed to the Title and Earldom of Northumberland which Lands formerly were firmly settled upon the Heir-males of the Percies for ever See the Records and the Verdict exemplified and pray a stop may be put to the Lord Ogle's Act of Parliament by reason the Lands are begg'd bought sold and scattered The undoubted Right and next Heir-male of the Percies in Bloud and so proved at Law and therefore he most humbly and earnestly prays That an Act of Parliament may be had to restore him to his Birth-right Title Estate Preheminence Priviledges Place and Seat of his Ancestors As it hath been done heretofore to several of the Percies the Earl of Kent and others This being the 11th Year of the Claim of JAMES PERCY Who humbly Beggs Prays and Cries for speedy Justice