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A54312 To the Kings most excellent Majesty, and to the right honourable the Lords spiritual and temporal in Parliament the pedigree of James Percy, who hath by infancy, potency, priviledges, and foul practises been kept out of his birth-right, title and inheritance above fifteen years, now as God hath wonderfully preserved, restored and confirmed our King upon the royal throne of his ancestors (in peace) therefore a loyal subject in right of succession, humbly prays for a fair hearing, and for speedy justice. Percy, James, 1619-1690?; Charles II, King of England, 1630-1685.; England and Wales. Parliament. 1685 (1685) Wing P1462A; ESTC R6873 5,661 2

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To the KINGS Most Excellent MAJESTY AND TO THE Right Honourable the Lords Spiritual and Temporal in Parliament THE PEDIGREE OF JAMES PERCY Who hath by Infancy Potency Priviledges and foul Practises been kept out of his Birth-right Title and Inheritance above fifteen years Now as God hath wonderfully Preserved Restored and Confirmed our King upon the Royal Throne of his Ancestors in Peace therefore a Loyal Subject in right of Succession Humbly Prays for a fair Hearing and for speedy Justice HENRY PERCY Fifth Earl of Northumberland Married and had Issue Three Sons viz. I. Henry Percy First Son and Sixth Earl was Married but died without Issue II. Sir Thomas Percy Second Son Married into the Family of the Harbotles but Rebelled in King Henry the Eighth's Days and was Executed in his Elder Brothers life-time He had Issue four Sons viz. I. Thomas Percy Seventh Earl was Created by King Phillip and Queen Mary He Rebelled in Queen Elizabeths days and was Beheaded at York Married and had Issue as followeth Thomas Percy who died young Had this Tho. lived he had been a bar to his Uncle the Eighth Earl as his Father the Seventh Earl was a Bar to his Uncle Sir Ingelram Percy The Heir Males of this Line are extinct also But the Blood of this Line was Corrupted twice II. Henry Percy Eighth Earl had Issue eight Sons as by the great Pedigree doth appear Sir Ingelram was great Uncle to Sir Rich. Henry Percy Ninth Earl had Issue four Sons and three of them was Henries Algernoon Percy Tenth Earl had Issue Joscelin Percy Eleventh Earl died and left no Heir Male also III. Ingelram Percy had a Bastard Daughter and no other Issue IV. * Guichard the Fourth Son was under the Attainder of his Father Sir Thomas Percy Doubtless had he had Children or himself had been living his name would have been in the new Patent and Grant by King Philip and Queen Mary Guichard Percy Fourth Son was found in the Heraulds Books Ob. S. p. III. Sir Ingelram Percy Third Son Married into the Vauxes Family and had Issue Sons and Daughters as by the Oath of Henry Champion Esq who kept the Books and Records of the two late Earls I. Henry Percy Esq was Married and had Issue three Sons the two Elder died without Issue Male. Henry Percy third Son Married and had three Sons two of them was Henries both the Henries died young James Percy Second Son Married and hath Three Sons Anthony Henry and John This Line from Henry Fifth Earl of Northumberland hath no Corrupted Blood Moreover this Line being found innocent Claims under the Original Grant by King Richard the Second II. Robert Percy had Issue Thomas Percy in the Gunpowder-Plot Francis Percy Francis Percy But this Line the Blood 's Corrupted III. Two Daughters Ann had no Issue but Eleanor had Issue Mary Tyl●r now living Aged about eighty three years ☞ The mistake in Claiming under Sir Richard Percy Fifth Son of the Eighth Earl of Northumberland was because Sir Ingelram's name was left out of the first Pedigree blotted out of the Haraulds Books and the Matches of the Family of the Percies rent out also Both these two Lines are under the new Creation This following Pedigree hath been proved at several Tryals and is Clear from Attainders as appears by the above Pedigree but the Law doth refuse the Confirming of Pedigrees by reason it is the proper Work of the Earl Marshal who doth not refuse but desires the Parliaments Assistance The true Pedigree of JAMES PERCY Right Heir Male Descended in a Collateral Line from HENRY PERCY Fifth Earl of Northumberland as followeth HENRY PERCY Fifth of Northumberland had Issue I. Henry Percy Sixth Earl had no Issue Heir Males Extinct of this Line II. Sir Thomas Percy Second Son was Attainted and Executed in his Brothers life-time about the first Difference in Religion temp King Henry the Eighth and had Issue This Thomas Percy was new Created by Queen Mary to him and the Heir Male of his Body and the remainder to his Brother Henry Thomas Percy First Son seventh Earl was Attainted and Executed at York in Queen Elizabeths days and had Issue Thomas Percy died young Heir Males of this Line Extinct Henry Percy Second Son eighth Earl shot himself in the Tower and had Issue eight Sons as by the Great Pedigree Henry Percy Ninth Earl was fifteen years in the Tower and had Issue Henry Lord Percy Second Son died in France Algernoon Percy First Son Tenth Earl had Issue Joscelin Percy Eleventh Earl Born 1644. and died beyond the Seas in 1670. Heir Males of this Line Extinct also III. Sir Ingelram Percy Third Son Married and had Sons and Daughters These four Children were sent in Hampers or Panniers out of the North into the South as followeth Two Daughters Ann had no Issue but Eleanor had Issue Mary Robert Percy Second Son had Issue Thomas Attained Henry Percy Esq of Pavenham in Bedfordshire he Married the Daughter of Tibbot and had Issue I. James Percy First Son left no Issue Male. II. William Percy Second Son died young III. Henry Percy Third Son Married Lydia Cope of Horton in Northamptonshire and had Issue Henry Percy and Elizabeth died young both being elder than the Claimant there can be no Bastardship in the Case James Percy Born at Horton in Northamptonshire and hath Issue three Sons viz. Anthony Henry and John Anthony is Married and hath Issue Henry So that Henry Fifth Earl was Great Great Grandfather Sir Thomas Percy Second Son Great Grandfather Sir Henry Percy Eighth Earl Grandfather Henry Percy Ninth Earl Father of Algernoon Percy Tenth Earl who had Joscelin Percy Eleventh Earl who died and left no Issue Male Heir Males is spent of this Line So that also Henry Fifth Earl is Great Great Grandfather Sir Ingelram Percy Third Son is Great Grandfather Henry Percy Esq of Pavenham is Grandfather Henry Percy Gent. of Horton is Father of James Percy the Claimant who hath Anthony Percy next Heir Male after the Claymant James Percy Therefore by this Pedigree the Contemporizing of the Family is made manifest The short Pedigree in the Printed Case explains the whole matter more at large The Petitions and Orders are in Print on the Back-side of this Pedigree TO THE RIGHT HONOURABLE The Lords Spiritual and Temporal in Parliament Assembled The Duke and Dutchesses of Somerset and Percy proved at Law to be Earl of Northumberland their Petitions and Orders referred to the Right Honourable Lords Committees for Priviledges The humble Petition of Charles Duke of Somerset and Elizabeth Dutchess of Somerset his Wife Sheweth THAT the said Dutchess of Somerset being the Daughter and Heir of Josceline late Earl of Northamberland and Heir-general of the Family of the Percies and Entituled to several Honors Mannors and Lands descended to her from the said Earl her Father A mean person whose true Name not certainly known calling himself James Percy and by Profession a Trunk-maker falsly
assuming to be descended from Sir Richard Percy the Fifth Brother of Henry the Eighth Earl of Northumberland and thereby to be Entituled to that Earldom and to the said Mannors and Lands had the confidence to Petition your Lordships that he might make out his Claim and Right to that Earldom and several Baronies as devolved upon him by the death of the said Earl Josceline without Issue Male which Petition coming to be heard and it Evidently appearing to your Lordships that the said Sir Richard Percy was never married and if he had been married to make out the said Trunk maker's Pedigree as he would have it the said Sir Richard Percy must have been a Grand father at Thirteen Years of Age. Your Lordships were pleased by your Orders of the 20th of February 1672. and the 28th of March 1673. to dismiss his Petition and thereupon on the Petition of Elizabeth Countess of Northumberland then Guardian to the Petitioner the said Dutchess to Resolve and Vote That the further Consideration of the said James Percy concerning the Imposture should be taken into Consideration on the next morrow morning which was not done the Parliament hapning that day to be Prorogued Since which time the said James Percy disregarding your Lordships Judgment hath in the Courts of Westminster Hall ever since been carrying on his false Pretences And tho' he hath there had one Verdict at Bar and three Nonsuits upon full Evidence yet still persists and hath now lately brought Ejectments at Law and a Bill in Equity against your Petitioners and their Tenants and with unparalell'd boldness takes upon him to be Earl of Northumberland to the great Dishonour of the Peerage of this Realm and of your Petitioners to their continual Charge and endless Vexation In Consideration whereof your Petitioners humbly pray your Lordships for the Dignity of your own Peerages as well as for your Petitioners Honors in prosecution of your former Vote made concerning this Imposture to take the Matter into your serious Consideration and to do therein as you in your great Wisdoms shall think just and reasonable And your Petitioners c. Die Lunae 1● Junii 1685. UPon reading the Petition of Charles Duke of Somerset and Elizabeth his Wife shewing That one James Percy falsly assuming to himself the Title of Earl of Northumberland and other things in the said Petition set forth and praying That this House would take the former Matters and Proceedings of this House upon the same Case into their Considerations It is 〈◊〉 by the Lords Spiritual and Temporal in Parliament assembled That the Consideration of this Petition and the Proceedings formerly had in this Case 〈◊〉 〈◊〉 is hereby referred to the Consideration of the Lords Committees for Priviledges whose Lordships are to consider thereof and of what they shall think fit to be done 〈…〉 ●pon and make Report to this House An Answer to the Matters alledged in this Petition First THat James Percy is a mean Person and his true Name not certainly known and by Profession a Trunk-maker and falsly assuming to be descended from Sir Richard Percy who was never married or if he had must have been a Grand-father at Thirteen Years of Age. Second As to the Charge in the Petition That the Lords in Parliament upon hearing the Cause dismiss'd the Claimants Petition Thirdly As touching the charge in the Petition that the Lords in Parliament were pleased in March 1673. on the Petition of Elizabeth Countess of Northumberland then Guardian to the now Dutchess of Somerset to Resolve and Vote that the further Consideration of the said James Percy concerning the Imposture should be taken into Consideration on the then next morrow which was not done the Parliament hapning that morning to be Prorogued Fourthly As touching the Charge in the Petition that since the Dismission in the Lords House the Claymant hath one Verdict and three Nonsuits against him For Answer 1st FOr Answer to this As to the claiming under Sir Richard Percy read the Printed Case fol. 3. where the occasion of claiming under him is fully and truly set forth and in fol. 10. this very Objection is so fully Answered that more cannot be said Pray read As to that of his true Name not being certainly known read the same Printed Case and the solemn Declaration of Judge Hales at fol. 4. in the Tryal against Clerk and in fol. 5. and Judg Rainsford 's Declaration in the Tryal against Wright when James Percy had a Verdict which is Exemplified And in all other Tryals the Claimant's Pedigree was fully proved and so admitted by the Adversaries Councel and declared by the Court. 2. Answer This was upon the mistake in claiming under Sir Richard Percy and could not for●close the Petitioners claim by that dismission for if it had it might have been Pleaded in Bar by Wright where the Claimant as before is said at a Tryal at the Kings-Bench-Bar proved his P●●●gree and had a Verdict and Damages in affirmance thereof Answer 3. There have been many Parliaments since and yet the Adversaries never thought fit to pray any further proceedings upon that Resolve of the Lords in Parliament The Reasons for not doing it being very plain As first for that they knew the Claymant after that had fully rectified that mistake in clayming under Sir Richard and had fixt his Claim certain and right under Sir Ingelram Percy and so proved the same in the Tryal against Wright and had a Verdict thereon as aforesaid Besides the Adversaries themselves having been under a mistake of a greater and more dangerous nature when Sir John Hanmore swore in Parliament that Sir Richard Percy died a Batchelor in France in the Year 1648. which was a mistake Answer 4. And since the said Dismission the Claymant hath had a Verdict on full Evidence for him and all the said Nonsuits and Verdict against the Claymant he fully proved his Pedigree and Claym and so admitted and declared but either for want of Copies of Records or through mistakes 〈◊〉 the Declaration through the designed Practices and ill Management of his Agents suffered those Nonsuits and not any ways upon the true merits of his Right or Cause TO THE RIGHT HONOURABLE The LORDS Spiritual and Temporal in Parliament assembled The humble Petition of JAMES PERCY who claimeth to be Earl of Northumberland and hath been so proved Humbly sheweth IN answer to the Duke and Dutchess of Somersets surprising and scandalous Petition alledging against cleer proof He saith that the said Dutchess hath for above fifteen years sheltred her self under Infancy Guardians Agents and Priviledges of Parliaments and thereby kept your Petitioner out of his undoubted Right to the Honours Mannors and Lands belonging to him as Earl of Northumberland That the mistake he committed once in deriving himself under Sir Richard Percy which he confesseth is no impediment or bar to his Good and Rightful Title which he hath to the said Earldom Mannors and Lands from Sir Ingelram Percy under whom he derives himself and hath at several Tryals at Law proved himself to be Lineally and Lawfully descended All which the Petitioner hath set forth in his Printed Case with the reasons of his Miscarriages most of them occasioned by the ill usage and designs of some Agents of the said Dutchess tho● her Grace her self might be innocent therein The Humble Request of the Petitioner is That your Lordships will be pleased to appoint a day for Hearing the Petitioner's Cause and that he may have an Order to bring in the Heraulds Books Records and take out the Depositions of his Witnesses in Chancery Exchequer and elsewhere and for all such Witnesses as may be brought in within time of the Order And your Petitioner c. Die Veneris 12 June 1685. IT being moved that a Packet of Papers found upon the Table might be read superscribed Percy 's Petition of Complaint and the two Petitions that were wanting are annexed humbly Prays that they may be read and that Justice may be had and he shall ever Pray Equal Justice do or tell the reason why This superscription was read It is ordered by the Lords Spiritual and Temporal in Parliament Assembled that the Packet of Papers aforesaid be and are hereby referred to the Committee for Priviledges to open the same and Report their Opinion of what is fit to be done thereupon to this House Cop. vera Jo. Brown Cleric Parliament My LORDS I Beg pardon for any unadvised Expressions on the Superscriptions of my Papers that hath given any distaste to any of your Lordships My Councel being in the Country I wanted Advice my Potent Adversaries surprising Petition and my own several Petitions and Precedents which were presented not finding so much success as to be read but were lost my self unexpectedly contrived into a Prison as by his Petition of Complaint appeareth and 31 days of the Parliament spent put me into a passion which forc'd those unadvised words from me which I pray may be forgiven me and humbly revive my Address that my three Petitions may be read and the Prayers of them considered by your Lordships And your Petitioner shall ever pray c. Psal 82. were the words of a King who had been a shepherd JAMES PERCY 19 June 1685.