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
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
before the Claymant returned and then pretended the Co-warrant with other Writings was lost which cost a considerable Sum of Money and then arrested his Clyent James Percy in three several Suits at Law which continued three years But the Sollicitor Swayn was overthrown in all the 3 Actions moreover the Claymant James Percy was 〈◊〉 those travels poisoned at New-Castle arrested at York in two Actions of 20000 l. each Action and then durst not proceed at Law but let the Actions fall and paid 40 s. Cost a poor satisfaction for a night and two days Imprisonment and maintaining my two Men and three Horses besides the Charge of spunging Bums And the Actions were in the Lord of Essex and Mr. Clark and others Names And to fill up the measure of malice they published in the English Gazette and the French Gazette That the Claymant was an Impostor And Mr. Blackston said in all these Courts That the Claymant's Name was not Percy but declared him to be a Bastard with many more scandalous wordr which were proved at that Tryal before the Lord Chief Justice Scroggs notwithstanding he discharged Mr. Blaâ—kston and Sir George Jeffreys at that Tryal took Fees on both sides so the Claymant James Percy was clearly bought and sold and proved to his Damage 12000 l. Besides it was the occasion of this his present Imprisonment upon the Writs of Error that were so strangely dismiss'd the House of Lords without any Hearing notwithstanding the renewing and continuing after every Prorogation cost in all above 300 l. And now the Claymant James Percy hath used all ways and means possible as by his Petition and publick Prints appears and cannot proceed further without the Assistance of the Honourable House of Commons His Majesty is much troubled and the Claymant really believes that His Majesty had a cordial Desire to hear and see the Cause determined as by His coming up to the Bar of the House of Lords that day the Hearing should have been had Besides His Majesty may perceive I shall never leave my Claim till Justice be done by reason I now know it is my Right by Birth and Bloud and that the sole power of creating and preserving Honour rests in His Royal Breast as Flowers in the Crown And by the Coronation Oath the King cannot take Titles from one Peer to give to another Peer But as God hath in mercy restored His Majesty to His Crown and Kingdoms even so ought the King in Justice to restore every Loyal Subject to the Birth-right Title and Inheritance of his Ancestors It was very hard at first for the Claymant to find out the Name of his great Grandfather by reason he was in his Childhood brought up amongst his Mothers Relations And in the troublesome times he being a Royallist was forced to abscond and travel for many years _____ But the Adversaries did wildernize the Claymant in hiding his great Grandfathers Christian Name from him For Sir Ingelram Percy was the Claymant James Percie 's Great Grandfather and youngest Son of Henry Percy 5th Earl of Northumberland and this Collateral Line was never attainted and therefore ought to be restored according to Henry Percy the 5th Earls Patent and not under the Patent of the New-Creation by Queen Mary for Thomas Percy 2d Son of the 5th Earl was attainted but Sir Ingelram Percy 3d. Son was Innocent and so hath his Issue continued to this day And therefore prays for speedy Justice Justice removes oppression Glorifies God Honours the King Rejoyces the People puts an end to your troubles and ratifies Peace for which the Petitioner prays For Henry Percy 5th Earl Great Great Grandfather had Sir Ingelram Percy Great Grandfather who had Henry Percy Grandfather and he had Henry Percy Father of the Claymant JAMES PERCY
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 To the Kings Most Excellent Majesty The Humble Petition of JAMES PERCY Son of Henry Percy Grand-Son of Henry Percy Great Grand-son of Sir Ingleram Percy Great great Grandson of Henry Percy Fifth Earl and Couzen and next Heir-Male to Jocelin Percy the late and Eleventh Earl of NORTHUMBERLAND Deceased SHEWETH THat Your Petitioner hath near upon Ten Years prosecuted his Birth-right and still continues his Claim to the Title Honours Manors Lands Preheminencies and Priviledges that the Rights belonging to the Heirs-male of the Percies Family as they are annexed to the Earldom of Northumberland That upon the first Address Your Petitioner humbly made to your Majesty in order to obtain his Right Your Majesty was Graciously pleased to return for Answer God forbid Your Majesty should hinder an Heir but that He should have the Benefit of the Law That upon his Application to the House of Lords after some short pleadings his Councel moved thar the Cause might be left to the Law for his Legitimation that he might more Regularly come before their Lordships which was accordingly done That he hath pursuant to their Lordships order obtained a Verdict exemplified under the Seal of your Majesties Court of Kings-Bench That He is truly and legitimately descended of the Blood and Family of the Percies of Northumberland That upon Your Petitioners Humble Application by way of Petition to Your Mamesty praying your Royal Writ of Summons to call Your Petitioner to Sit in the House of Lords Your Majesties Gracious Answer was That You thought it not Convenient until the Petitioners Cause was Determined by the Lords That the Parliament being by your Majesties Royal Prerogative again Prorogued it much encourageth your Petitioners Opponents and weakens your Petitioner in his Dependencies having been Published in the Gazet formerly for an Impostor whereupon by the contrivance of his Solicitor the Lands were begg'd in the Name of the Duke of Monmouth and others That during the time Your Petitioner was prosecuting his Right at Law the potent Defendants put him off so long by Priviledge of Parliament till George Fitz-Roy was Created Earl of Northumberland And now it is divulged in Print that the Lord Ogle hath changed his Name from Cavendish to Percy All which forces your Petitioner to flie to Your Sacred Majesty for Relief Protection and Justice That it is the Opinion of your Petitioners Councel That your Majesty of your own Princely Prerogative without any Declaration of the Lords may Restore your Petitioner to his Birth-Right Title Honors and Estate that depends thereon Your Petitioner therefore most humbly prays your Majesty in whom solely lies the Creation and preservation of Honour and Nobility to Declare your Royal pleasure for his Ascending the Sphere and Dignity of his Ancestors Or to graut unto your Petitioner that hath groaned under Ten Years Oppression without decision of his Claim such Yearly Pension as may support him until his Cause come to a final Determination And Your Petitioner shall Pray c. JAMES PERCY THis Petition was presented into your Majesties Sacred Hand the 18. of December 1679. and Sir William Glascow Master in waiting order'd the Petitioner to call for an Answer the 22th Instant which the Petitioner accordingly did but then found no opportunity to speak with him The Petitioner attended the 23. instant and then Sir William returned this Answer by his Maid-Servant That he was buisie with some Friends and that the King would hear nothing until after Christmas-Eolidays That the Petitioner went to the Secretaries Office to get this following Advertisement to be entred into the Gazet but it would not be allowed which did much dissatisfie your Majesties Loyal Subject to think that the True Heir looking after his Birth-right should be put into the Gazet for an Impostor when as he hath proved himself at the Court of Kings Bench by Twelve honest Jury-men to be the true Percy and the only Heir-male to the House of Northumberland It is very sad when a lost Dog shall find Entrance into the Gazet and a Just Man be kept out The Advertisement refused is as follows Advertisement WHereas the Lord Ogle is published in print to have changed his Name from Cavendish to Percy upon his Marriage with the Lady Elizabeth Percy James Percy Esq the true Heir-Male of the Blood of the House