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B09716 A short account of the proceedings of James Percy late of Ireland, inpursuance of his native right to the earldome of Northumberland as cousin and next heir male to Jocelin Percy late and last Earl deceased, who at his coming into England, was informed, that the countess was with child, which prevented him from entring his claim until the third of Feb 1671. And then understanding the contrary, entred in at Whitehall at the signet office, and hath used all honourable and justifyable endeavours to accomplish his just dues for three years and upwards, as followeth. Percy, James, 1619-1690? 1674 (1674) Wing P1459; ESTC R181654 2,072 1

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A Short Account of the Proceedings of JAMES PERCY late of Ireland inpursuance of his Native Right to the Earldome of Northumberland as Cousin and next Heir Male to Jocelin Percy late and last Earl Deceased who at his coming into England was informed that the Countess was with Child which prevented him for Entring his Claim until the Third of Feb. 1671. and then understanding the contrary Entred it at Whitehall at the Signet Office and hath used all Honourable and justifyable endeavours to accomplish his just Dues for Three Years and upwards as followeth HE Petitioned His Majesty several times not presuming to proceed any way without His Majesties privicy whose Gracious Answer was to the Master of Requests God forbid that He should hinder an Heir but that He should have the benefit of the Law In pursuance of which Answer there was an Information in the nature of a Quo-warranto presented to the Attourney General which he refused to Sign Declaring that He was Councel for the Countess of Northumberland and therefore prevented him from due course in Law He Sued the Countess in the Honourable Court of Chancery Who freely joyned in Commission and promised upon her Honour to put in her Answer But not liking what his Witnesses testified and proved She demurr'd And his Councel finding his Bill too short advised him to pay the Costs and proceed to Common Law The Assizes was Twelvemonth there was delivered Three Declarations in Ejectment one in Yorkshire and one in Northumberland and one in Cumberland at his return the Trustees came to his Councel and desired him to perswade his Clyent to go on with but one Tryal for all and that should include all the rest Thereupon it was agreed to proceed upon that in Northumberland by reason the Title was from thence and accordingly Esq Champion one of the Countesses Trustees was appointed to be Defendant Hoping to make quick dispatch presented the King and House of Peers with fresh Petitions but the Senior Countess of Northumberland put in a cross and scandalous Petition to prevent the proceedings of his Petitions which caused him to swear 43 Witnesses at the Bar in his Vindication and whereas his Councel did not in due time appear being prest upon to examine Witnesses or be mute to give that High Court content then assembled upon that occasion did by their Instance examine Four of his Witnesses which cleared him from being an Impostor as her Petition did pretend But when the Countesses Councels had heard these Testimonies and his Councels though late appearing and desiring to hear the said Witnesses over again her Councel waved her Petition saying they did not own the Grand-Daughters Right as her Petition did pretend but set up the Kings Interest but his Councel gave them a check saying They ought not to plead for the King and the Subject both at one time and also pleaded that his Petitions might be dismist and left to the Common Law And his last Order in Parliament saith they were dismist accordingly But he must ever own and Honour the great Patience of the Kings Cracious Majestie and the Lords Committees in the absence of his Councels Since the dismissions of his Petitions He endeavoured to proceed to Tryal at Common Law according to the former agreement and having obtained a Rule for Tryal to be held at Newcastle this last Assizes the junior Countess obstructed it by pleading her Priviledge in these words following For Mr. James Percy these Mr. Percy The Countess of Northumberland will not gratifie such a Person as you by quitting her Priviledge therefore in the Cause upon the Ejectment betwixt Utting and Champion if you shall proceed is must be at your peril for her Ladyship stands upon her Priviledge June 26. 1673. John Gee The Trustees did arrest him two several times when he did deliver the Declarations in Ejectment in which they would never proceed neither can he force them to it He humbly presents these his Grievances as a desire of a general good of the Free-born Subjects of England to prevent the like troubles to such as shall succeed and that the mature Wisdom of the Nation would take it into their serious consideration When the Court of Wards was put down all these Inconveniences were not foreseen But had they considered of some Office in the nature of the Court of Wards and erected it it would have prevented troubles past present and time to come He is at the Law but prevented by priviledge This one thing with the rest to be seriously considered of Esq Champion and Mr. Orlando Gee the junior Countess of Northumberland's Trustees desired the Plaintiff James Percy to put a stop to the Duke of Monmouth's Agents Proceedings for they had a Grant and the Patent was ready to pass the Seal He replyed he could not have worser enemies than they had been to him it could do him no harm for the King was so Gracious that He gave it with this Caution if there was no Heir Male though it hath past the Seal This is to crave a stop that the Patent may not pass the House till a fair Tryal at Common Law be had to know whether an Heir or no Heir be for He is resolved that Honourable Family and Name of Percy shall not be extinguished by a Gazette Also there is other Estates in Reversion to the Percies after the death of Edward Rogers and his Heirs Males which is fallen lately and begg'd by others that their Patent may be taken notice of and prevented that the Estate may not be scatter'd before a Family be extinct As he humbly presents so he is bold to declare himself a free-born Native and hath been ever a Loyal and Faithful Subject and a great sufferer for the same And if he should slight Gods Providence and neglect his own Birth-right and Inheritance he is not worthy to be called a Christian but to be recorded for an Esau I am Your Humble Servant JAMES PERCY