endeavours of Your Petitioner and the first Book was Prepared for the Right Honourable Lords Spiritual and Temporal to inform their Lordships And the second Book is prepared to make his Complaints known to the House of Commons so that They may Intercede in his Just Cause with Your Royal Majesty and the Right Honourable Lords in Parliament Therefore Your Majesties Loyal Subject and Petitioner most Humbly Prays That Your Royal Majesty will be Graciously pleased Patiently to Read and Seriously consider the Printed Complaints and do Your Poor distressed Petitioner Justice in restoring him by Your own Princely Power Prerogative and Clemency He having at Law fully proved his Pedigree And therefore hath prepared a Bill that it may be made an Act of Parliament and most Humbly Prays Your Majesties Royal Assent thereunto And that Your Majesties Royal Writ of Summons may forthwith call Your Loyal Subject from the House of Prison to the House of Peers And there to take the Place and Seat of his Ancestors Earls of Northumberland When King Pharao took Joseph out of the Dungion Then God fil'd Pharao's Barns with his Blessings To which God Annex long Life and a Prosperous Reign And Your Petitioner shall Pray JAMES PERCY This Petition was presented into his Sacred Majesties Hand Jan. the 17th 1681. And did indeavour to present the two Books mentioned in the Petition But a Gentleman stepping betwixt the King and my self pusht me away so that I could not Present the Complaint prepared for the House of Lords against the day of Hearing Nor this Complaint which is prepared for the House of Commons my Opponants are great and Numerous which forces the Claimant to Pray for Justice An Affidavit made by JAMES PERCY Claimant to the Earldom of NORTHUMBERLAND WHereas Mr. James Hooton did undertake the Carrying in two Writs of Error in Parliament between James Percy Plaintiff and John Blackeston Esq Defendant for Scandalous Words and in Ejectments for Lands Robert Vtting Gent. Lessee of the Plaintiff and Sir John Copleston Defendant And the aforesaid Mr. Hooton did receive Writings of Percy the Claimant long before the day of Hearing before the Lords And did promise to fix all the Claimants Breviats so as they might be ready for some Lords and for the Council But when the Claimant should have been prepared for his Counsel then Mr. Hooton could not be found till the very Morning the Hearing should have been had then he meeting the Deponent James Percy at Fetter-lane-end in Fleet-street and said whither are you going Percy told him I am a going to make my Complaint against You for keeping my Writings and not making my Breviats ready for my Council And when James Percy had made his complaint in Parliament and offered to make Oath before their Lordships to Confirm the truth And when the Lords Commanded to withdraw then Mr. James Hootons Man came into the Lobby and there delivered the Writings to the Deponent upon the 9th of December 1678. Moreover the said Hooton said some time before that he was offered a Hundred Guinneys to betray the said Deponents Case And on the 7th of January 1681. The said Hooton came to the Deponants Chamber and desired to see those Writings that belonged to those Writs of Errors and did Write something out of them saying He had not kept a Copy of them which he ought to have done but said He had enough now to do his business and further said there was one sheet wanting Which shews how careful he was of his Claimants Cause And yet threatens he will Sue the Claimant for Defaming him in his Practise JAMES PERCY Jur ' 18. die January 1680. coram me Magistro Canc ' John Hoskyns The Deponant Humbly Prays for speedy Justice and that he may be forthwith called from the Prison of Kings-Bench into Parliament to take the Place of his Ancestors Earls of Northumberland according to his Birth-right and that the two Writs of Error may be Re-manded back and the Execution stopt For his Witnesses continue still in Town Hoping by your Mature Wisdoms to obtain an Order for a new day of Hearing for which he Prays as by his Petition all along appears An Affidavit made by JAMES PERCY Claimant to the Earldom of NORTHUMBERLAND WHereas Adlard Welby Gent. is Attourny for John Blackston Esq Def. this Deponent James Percy on the 21 h. instant went to Mr. Welby and offer'd an Agreement And whereas Cost of 70 odd l. is demanded of me the Plaintif the Deponent demanded 90 l. which was but tendred into Court upon my Lord Chief Justice Scrogs's promise that the Lord of Essex would not insist upon Priviledge and that the Deponent JAMES PERCY should have a fair Tryal the Money was not intended for the L. of Essex really but it ought to have been remanded back again to the Plaintiff JAMES PERCY for that 90 l. costs pretended for Mr. Clark was Sued for by Capt. Biggerstaff that married the Relict of Mr. Clark And that 90 l. Costs ought to have been set aside upon their own Demurrer therefore Mr. Welby Reply'd I must complain in Court The Writs of Error ought to have been heard debated and determined by the Right Honourable Lords in Parliament But it was blown over as by the Printed Complaint prepared to present to the Honourable House of Commons appears But it is hoped the Writs of Error may be Re-manded back into Parliament to have a fair Hearing Or if the Plaintiff and Deponent be forced to pay the 70 odd Pounds Cost then the 90 l. ought to be Refunded to the Deponent JAMES PERCY Jurat 22. die Jan. 1680. John Hoskins IT is very hard for a man to be kept out of Possession and his Opponents mannage all their Suits at Law against him with his own Estate and that will not serve their turns but they covet to get from the Claimant by Fraud so that they may totally Ruine and disable him from prosecuting his Birth-right JAMES PERCY the true and lawful Heir-male to the Percy 's Earls of Northumberland hath found more Injustice and Hardships here in England than the Children of Israel found in Egypt when they made Brick and were forc'd to gather their own Straw to burn them When Joseph's good Works were forgot then his Brethren suffer'd But now the PERCY' 's good deeds are forgot their lawful Successor suffers in Prison And therefore earnestly prays for a speedy Deliverance My great Pains and Charge in Printing is really intended rightly to inform the world thereby to remove Oppression and to revive justice To the Kings Most Excellent Majesty The Humble Petition of JAMES PERCY Sheweth THat Your Petitioners Opponents have obtain'd their Desires for your Petitioner is in Prison That Your Majesty was Graciously pleased to say God forbid that We should hinder an Heir but that he should have the Benefit of the Law And to that end Sir John Berkenhead was sent by Your Majesty to the Attourny General That Your
THE CASE OF JAMES PERCY The true Heir-Male and Claimant to the Earldom of Northumberland To the Honourable Knights Citizens and Burgesses And to the Committee of Grievances in PARLIAMENT Assembled The Humble Petition of JAMES PERCY Cozen and next Heir-Male to JOSCELIN PERCY the late and Eleventh EARL of NORTHUMBERLAND Deceased SHEWETH THAT your Petitioner was the Son of Henry Percy who was the Son of Henry Percy who was the Son of Sir Ingleram Percy who was the third Son of Henry Percy Fifth Earl of Northumberland By which Descent your Petitioner is Entitled to the Earldom of Northumberland and to several Baronies Honours Manors and Lands which to the Earldom and Baronies have been and still are annexed your Petitioner having proved his Pedigree questions not but by your Assistance to make appear they are or should be his Right and Just Inheritance as Cozen and Heir-Male to Joscelin late Earl afore-mentioned And therefore ought to fit in Parliament and enjoy the Place Seat and Preheminence of his Ancestors with the Dignities to him so descended and do 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 Cannington 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 5th 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
had to find out the Truth and that Justice may be done accordingly And let it not be said in England that the Innocent are punished and the Guilty go free But call to mind how merciful God hath been in Restrring your Majesty Even so in pity Restore your poor distressed Subject And he shall ever pray c. JAMES PERCY This Petition was presented into his Majesties Sacred Hand the 15 th of December 1680. To lose such an Opportunity as offered on Thursday last and now to trouble so good a King so oft doubles your Petitioner's sorrows And that which adds to your Petitioner's misery is that he cannot dispose of his Witnesses till a positive Order be had for which he humbly prays Note these three following Presidents 1. THe Lord of Newport begg'd the Percies Land of the King for the Duke of Monmouth when the Duke was in France but at the Duke's return Percy the Claimant waited upon the Duke to know his pleasure and told him That my Solicitor had betrayed me for the Percies Lands were begg'd without the Claimant's consent or knowledge Then the Duke replied Mr. Percy you shall have a fair Tryal at Law And moreover he did promise he would not stand upon Priviledge but when Percy was ready for a Tryal then Trumpt up Priviledge And Mr. Ross the Duke's Agent said the Duke could not set aside his Priviledge But the Duke said if Percy proves himself Heir I have no Right and forthwith sold his Interest for an inconsiderable Sum of Money II. The Lord Ogle that married the Lady Elizabeth Percy would have assumed the name of Percy and put in a Bill to be made an Act to settle the Lands upon him by Act of Parliament III. And it is reported that the Lord of Essex desired that some of those Lands might be settled upon him by Act of Parliament By this account the Lands are yet unsettled Ergo then great reason it is that the true Heir-Male of the Percies Bill should be made an Act of Parliament to settle the Name Title and Estate together again according to the first settlement confirmed by his Ancestors Now your poor distressed and oppressed Petitioner humbly and freely offers for the obtaining of Justice and for the full satisfaction to the Kings most Excellent Majesty and the Right Honourable Lords Spiritual and Temporal and those Honourable and Worthy Members of the House of Commons in Parliament assembled if it be required and thought convenient he being very unwilling to offer any thing that might give the least offence but rather submit to their grave and mature Wisdoms these Proposals following James Percy the Claimant and Plaintiff will pay into the hands of any Trustees that shall be appointed to receive the Money in Trust for Mr. John Blakeston's Costs provided he likewise lay down the 90 l. taken by surprize out of Court before the Tryal was ended And Mr. Vtting's Cost likewise shall be paid for what Sir John Coppleston claims provided likewise that Sir John Coppleston pay the 10 l. down which he got when he ventured the Breach of Priviledge of Parliament provided the whole Merits of the Cause may have a fair Hearing and Determination before the Lords And if the Plaintiff and Claimant James Percy doth not prove himself to be the right true and next Heir-Male in Bloud of the Percies of Northumberland then let them take all the Money and the Plaintiff will freely acquit his Claim for ever and remain till death a Loyal Subiect and James Percy Although his Witnesses be dispers'd a Weeks time will bring them to Town again upon the sight of an Order For the Claimant James Percy by Birth ought to enjoy the Place Seat and Priviledge of his Ancestors Earls of Northumberland but now he dares not appear till an Order be had Therefore he most humbly prays That a fair Hearing may be had and that a true decision of his just Cause and Claim may be made according to Justice so that the Innocent may be preserved and that the fraudulent practices not just may march off with shame For Heroick Actions glorifies God Honours the King and makes all the people shout for joy God hath been pleased to make a true decision himself which may be a president for he sent the Claimant from his Mothers Womb with a Crescent into the World which is Gods Ensign of Truth and the very Badge belonging to the Percies Earls of Northumberland In witness to this Truth I have set to my Hand and Seal this 3d. of January 1680 1. JAMES PERCY To the KINGS most Excellent Majesty The Humble Petition of JAMES PERCY SHEWETH THat it is a great grief to your Petitioner's Soul to trouble your Sacred Majesty so often in looking after his Just Right yet cannot help it by reason his Opponents are of so great Power Policy and Force That notwithstanding his Petition to the Right Honourable House of Lords presented the day after his Hearing should have been had the Opponents got that Writ of Error dismiss'd the House well knowing the Errors would have been confirmed against them That thereby they have an opportunity to take out Execution against your Petitioner and so to stop his further publick appearing That if that Writ be not recall'd into the Lords House again your Petitioner can in no wise expect a fair Hearing nor a just decision of his Cause Therefore your oppressed Petitioner most humbly prays That your Majesty would be graciously pleased to see Justice done herein and that a new Day may be appointed according to the Prayer of that Petition that is now before the House of Lords or that your Sacred Majesty will be graciously pleased to call your Loyal Subject by your Royal Writ of Summons to take the Place and Seat of his Ancestors Earls of Northumberland he having proved his legitimate Descent and Pedigree at several Tryals at Law This Petition was presented into his Sacred Majesties hand Jan. 3. 1681. All great and dubious matters the Children of Israel presented and laid open before Moses Even so the Claimant hath done to his Majesty all along knowing that in the King solely lyes the creation and preservation of Honour and Nobility But the King referred the Cause to the Lords to hear and determine and now the two Writs of Error are dismiss'd the Lords House without hearing the said Cause Now the Claimant James Percy finding himself over-powered is forc'd to Appeal and humbly prays for Justice As Prerogative belongs to the King so Property and Right belongs to his People FINIS To the KING' 's Most Excellent Majesty The Humble Petition of JAMES PERCY SHEWETH THat Your Petitioner most Humbly Beseecheth and Earnestly Prayeth Your Majesties Pardon for that Omission on the Ninth of December last which was in truth altogether the Neglect of his Attorny as his Printed Petition sets forth That Your Petitioner Humbly presents these two Books that your Most Excellent Majesty may see the real
Answer was to the Claimant's first Petition in 1670. God forbid that we should hinder an Heir but that he should have the Benefit of the Law And to that purpose His Majesty ordered Sir John Berkenhead Master of Requests then in waiting to go to the Attorney General to know why he refused to sign the Co-warrant which the Claymants Sollicitor Mr. Thomas Swain presented to him to sign But the Attorney General said He could not sign Percie 's Co-warrant by reason that he was of Council for the Countess of Northumberland And the Court of Wards being put down did much wildernize the Claimant in his Proceedings and no less than nine several Persons have stood upon and been shelter'd under Priviledge which hath been the cause of delay all this time And from that time Mr. Swayn the Claymant's Sollicitor began to play the Devil with two sticks for whilst James Percy was prosecuting the Law and delivering Declarations in Ejectments in the North the Sollicitor had contriv'd the business so as the Title and Lands were begg'd dispos'd and scatter'd 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 in 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. Blackston 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 Glaymant 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