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
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
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 Cunnington 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 5 th 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 Henry Percy 5 th Earl of Northumberland of Sir Ingleram Percy his youngest Son and that the Collateral Line was never Attainted and therefore ought to enjoy the Title and Estate of his Ancestors Earls of Northumberland Then the Defendants Councel and the Court did own the Plaintiffs Title and Pedigree but said there was no Lands to support the Title then the Plaintiff prayed that the Court would confirm what they owned by a Rule in Court whereupon the Lord Chief Justice Scrogs stood up and said Confirm or not confirm the Declaration is naught discharge Blakeston from the Suit of Percy notwithstanding the vast Charge the Plaintiff had been put to by the Defendants sheltering under the senior Countess of Northumberlands Priviledges And when the Duke of Monmouth had set aside her Priviledges then he shelter'd himself under the Lord of Essex his Priviledge And when the Plaintiff had made his complaint to the House of Lords the Lord of Essex did agree with the Plaintiffs Councel that if Mr. Clerk's Cost was laid down in Court for his security
of Northumberland that hath stood to justify his Claim about Ten Years and hath proved himself a Legitimate Percy in the Kings Bench doth likewise publish to the world that he will justify his Right durante vitae and hopes the World will not be deceived by any Artifice for he desires no more but a free and final determination of his said Claim Fiat Justitia ruat Coelum James Percy Notwithstanding your Loyal Petitioner verily believes your most Excellent Majesty is much Mis-inform'd yet your Petitioner had not published this Advertisement had not he found my Lord Ogle to have changed his Name from Cavendish to Percy printed in Mercurius Anglicus But now the Petitioner is resolved like Hester by Gods powerful Assistance and your Majesties gracious Acceptance to stand up for the Name of Percy as that Queen kneeled down to save her people King Darius took Daniel out of the Lyons Den and God in a most Miraculous manner Restored your Majesty to your Kingdoms And according to the Coronation-Oath and your Majesties Royal and Gracious Act of Free pardon and Indempnity the Petitioner in Justice ought to be restored to his Birth-right and Title or such an Immediate Allowance as is usual in such Cases to keep the White-Horse or Honour from starving until his Case be determined according to the prayer of the Petition The President the Lord Ogles Agents will insist upon is as followeth NOte the Lady Agnes Percy would not inter-marry with the Lord Josceline De Lovaine Son and Heir to the Duke of Brabant the then Queen of Englands Brother without he assumed her Name The Reason was There was not an Heir-Male then living of the Percies Therefore that was done purely to preserve the Name of Percy But now my Cozen the Lady Elizabeth Percies Case is not the same For the Heirs-Males of the Percies are not dead as by the Claymants printed Book appears But the Mystery of assuming the Name of Percy is as follows AS is the Settlement of Arundel-Castle even so is the Settlement of the Honour of Petworth and Cockermouth and divers other Lands upon the Heirs-Males of the Percies for ever And all those Lands so Settled and in the Crown the Rents and Fines can be Recovered no wayes but under the Name of Percy and the Tenants have over-thrown the Ladies Agents at two several Tryals upon the same Acount The Petitioner commits this Cause to the Kingsmost Excellent Majesty the Parliament and Leige People of England to judge whether or no this be a Fraud intended or not Therefore I humbly beg your Majesties Pardon For as the Petitioner hath often demanded the Fines and Rents of the Tenants and they durst not obey by reason his Pedigree was not then proved But now his Pedigree is proved to be the true Heir-Male of the Blood and Family of the Percies of Northumberland that they stop all their Rents in their hands and Prepare those Fines that have been a long time kept from the true Heir-Male JAMES PERCY 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 〈◊〉 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 Gazer published That through the high Priviledges Policy and Potency of the Opponents and Treachery of his Solicitor and falling area the of some of his Councel all which occasioned Errors both particular and general That as William Percy the Brother of the Claimant was out 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 down 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 〈◊〉 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. 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 To the Kings Most Excellent MAJESTY The Humble Petition of James Percy SHEWETH THAT this is the 11th Year of Your Petitioners Claim to the Title and Earldom of Northumberland That the 9th Instant at 10. of the Clock is appointed the day of Hearing before the Right Honourable Lords Spiritual and Temporal in Parliament Assembled Therefore he most humbly Prays that Your Majesty would be graciously pleased to be present at the hearing of the Cause and then Your Majesty will understand how the Moon hath been set under the horrid Black Cloud of Oppression and to see the Moon rise into the Serene Horoscope of Justice And Your Petitioner shall Pray c. JAMES PERCY To the King 's most Excellent Majesty The Humble Petition of James Percy Cousin and next Heir-Male of Josceline Percy late and Eleventh Earl of Northumberland Deceased Sheweth THat Your Petitioner hath about Ten Years waited for the Justice of the Laws of Your
Kingdom at his Vast Charge and still attends the Issue of his Claim And being informed that the Lord Ogle is endeavouring an Interest to get an Act of Parliament for Settling the Lands of that Earldom upon him under the Name of Percy And Your Majesty having always declared Your Royal Pleasure That You would not wrong an Innocent Heir And Henry the Fourth Earl of Northumberland and John Nevell Lord Mountague being Presidents of Restitution when in Default Your Petitioner most Humbly prayes and hopes Your Gracious Majesty will be pleased to consider his Case and of Your Royal VVisdom and Justice to Restore him to the State and Dignity of his Ancestors having proved himself at Law a True Percy of the Family and Blood of the House of Northumberland And Your Petitioner shall Pray c. THis Petition was Presented into the King's Sacred Hand the 25th of November 1679. and the Master in waiting his Account was much like to that of Sir John Berkensheds So the Claymant's Case lies wholly before the Parliament And therefore most humbly prayes That if the Lord Ogle goes on and prevails in their Act of Parliament that there may be a Saving put into that Act for James Percy the now Claymant and his Heirs according to the King 's Gracious Direction Moreover That the Right Honourable the Lords Spiritual and Temporal will be graciously pleased to call the Pedigree of the Claymant before them and according to a Verdict exemplifyed under the Seal of his Majesties Court of King's Bench to Report So that the King 's most Excellent Majesty may be fully satisfyed and the Claymant James Percy may at last be Restored to the Place and Seat of his Ancestors Earls of Northumberland Do Justice Remove Oppression Then GOD will Bless our King Parliament and People to the Amazement of England's Enemies and Joy to all his Majesties Loyall Subjects All New Matters are still plac'd in the Front of this Book as the Directions further cites to TO HIS GRACE THE High-Born Prince JAMES Duke of York Great Sir I Have Petitioned your Royal Brother our Gracious KING to be Admitted to speak a few words And in the like Nature Petitioned your Grace but was not Heard Therefore I have made bold to Print and prays your Patient Perusal and to Act for Justice ☞ Justice will stop my Pen and turn my Complaints into Prayers and Thankfulness James Percy London Octob. 21. 1679. Potent Adversary's Practises prevents my Opportunities For I had purposed by God's Assistance and Your Gracious Acceptance to have Presented the Book my self and hop'd to obtain'd the Honor to Kist Your Graces Hand This is a further Addition of what hath been done since the former Additions was added to this Printed Book and something of Moment which was formerly left out 1. A Petition to the KING and House of Lords 2. A Petition to the House of Commons 3. A Letter to a Gentleman that did pretend he could prevail much with the Countess 4. A Letter to the Lord Ogle With other Arguments and Reasons To the KING 's most Excellent Majesty and the Right Honorable the Lords Spiritual and Temporal The Humble Petition of James Percy Cousin and next Heir-Male to Josceline Percy late Earl of Northumberland Sheweth THat Your Petitioner put in his Claym as Heir to the Title Honors Lands c. of the Percies as Rightfully and Legitimately Descended of the Antient and Noble House Nine Years ago and still continueth the same in hopes that he may have Justice done him And therefore Humbly prayes Your Majesty and Your Lordships to hear and determine his Right having proved himself a True Percy at Law And he shall Pray c. James Percy This Petition to the King and House of Lords was Presented the 17th of October 1679. Mr. Walker the Clark said That nothing of Private Concerns would be received that Day To the Right Honourable the Knights Citizens and Burgesses in Parliament Assembled The Humble Petition of James Percy Cousin and next Heir-Male to Josceline Percy late Earl of Northumberland Sheweth THat Your Petitioner having Nine Years claimed and industriously prosecuted his Right to the Honors Lands c. of the House of Northumberland and not yet been able to obtain a Definitive Sentence by reason of the Potency of his Adversaries and the Lord Ogle as your Petioner is informed indeavouring to carry away the said Honor upon his Marriage with the Lady Elizabeth Percy Your Petitioner humbly prayes the Benefit of his Birth-Right and an English-Man to be heard to his Claim before any Conclusive Bar by Act of Parliament And your Petitioner shall Pray c. James Percy This Petition to the House of Commons would have been Presented the same Day but one of the Clarks said It was not proper to deliver it till the Speaker was Chosen As the Claymant feared the other Proroguement would have done him Harm so this last Prorogation tends to his Advantage For he hath now time to go for Ireland to Inform Incourage and Direct his Eldest Son Anthony Percy to stand up to maintain the Claim of his Father Who declares if any thing should happen otherwise than well or that he should Dye he is the next Heir apparent and if his Issue fail then to his Second Brother Henry Percy and if his Issue fails then to John Percy the Youngest Son and his Issue And if it shall please God the Claymant his Sons and Grand-Children should all Dye yet there are Percies enough which was the Children of Robert Percy Second Brother of Henry Percy the Children of Sir Ingleram Percy and-Grand-Children of Henry Percy Fiâ—â—â— Earl of Northumberland Which Henry and Robert was sent out of the North in Hampers with two Sisters to the Lady Vaux in Queen Elizabeths Days And this the Claymant hath done to prevent the Title and the Estate of the Perices from being Smugled any more as at this day Moreover if His Majesty will not give the Claymant Maintenance nor appoint him a Match yet it gives the Claymant opportunity to recruit again As he intended to Print no more so by God's Assistance he shall never give over his Claim The 15th Day the Claymant carryed his False Pedigree and the True Pedigree to Sir William Dugdel again and he did promise to stand up for Justice This to a Gentleman that did pretend to prevail much with the Countess SIR I Have Received my Lost Son He is found and return'd again All Praises be rendred to the Almighty God who in his good time can send me Peace also For He is Greater than they that oppose me We intend to visit Branford the Latter End of the next week to see if you can perform your Promise to me And in the mean time if you please to present this inclosed Book with my most Humble Service to the Countess Dowager of Northumberland and tell her Honor I would not have presumed to have given her this Trouble but only that Truth might
be known and to obtain a right Understanding Moreover if her Honor will be graciously pleased to hear me speak I could Propound that which would silence all our Differences For I am like my Cousin Henry Hot Spur who chose to lose his Life rather than to yeild to that which would abate his Honor and Resolution But when I find Justice founded upon the Basis of Reason then I shall by God's Assistance be found like a Jonathan to David In the mean time I remain Your very Loving Friend James Percy London June 14th 1679. I Lodge at Mr. Curtis his House in Windsor-Court in Mugwell-Street near Cripplegate I Write not as an Harbenger to prepare Provisions but as an Herauld to proclaim Peace to the Countess if she please For their Act of Parliament shall never pass Both Houses without Justice be absolutely Buried alive in this our Nation Ezek. 46. Vers 18. Moreover the Scripture saith Curse ye him that removeth his Neighbor's Land-Mark A Letter left at Suffolk-House for the Lord Ogle near Charing-Cross My Lord EVer since the year 1670. I have applyed my self not only in Person but by Letters and Friends as the Printed Lines sets forth And with two of my Youngest Sons did upon the 24th of June 1679. wait for an Answer But found Things not Performed as was expected Now My Lord by your Marrying my Cousin the Lady Elizabeth Percy you are become concerned And since I can no ways come to the Speech of her Grand-Mother be pleased that I may speak with you of Differences past and to prevent Differences to come God direct you even as he did King Solomon and young Daniel to do Act and stand up for Justice For which I have and shall leave no stone unturn'd till I find it According to this inclosed Print I am My Lord Your Honors most Humble Servant James Percy June 26. 1679. And Mr. Gee did declare to the Claymant under White-Hall-Wall That if they had thought he had had an Estate to have Supported the Title withal they would have Owned him long ago If he had not been call'd from his Merchandizing by God's Blessing he might have obtained such an Estate of his own as would have preserved a Percy from a Nevel's Lot For when Henry Percy Fourth Earl of Northumberland return'd then was he Created Marquess Mountague Mr. Champion that kept all the Records confest that there was above 4000 l. per annum to attend the Title before old Mr. Rogers dyed and then Canington and Rodaway Lands return'd to the Percies again And the Agents now hath no other way but to endeavour the Lands may be setled by Act of Parliament upon the Lord Ogle in the Name of Percy The true and real Intent of the Claymant is to satisfy King and Parliament so as Fraud may be prevented and a Royal Writ of Summons may be had to call him to that Seat and Place of his Ancestors Earls of Northumberland James Percy 10 Years Claymant prays for Justice To the KING' 's most Excellent Majesty the Right Honorable Lords Spiritual and Temporal and to the Noble and Worthy Commons of England Assembled in Parliament THis out-side Sheet was really prepared to add to this Book to undeceive King Parliament and People and to unmask the cunning Contrivances of Politicians who Published the Claymant James Percy in the Gazet to be an Impostor setting forth a Pedigree of the Claymant's younger Brother Mr. William Percy pretending to undeceive the People But their real Design was to wildernize the true Heir and amuse the World Notwithstanding the Claymant hath at the last proved himself the next Heir as by a Judgment and Verdict and recovered Cost as by the Verdict exemplyfied under the Seal of his Majesty's Court of King's Bench And therefore with Courage and a clear Soul demands the Place and Seat of his Ancestors as the true Heir-Male of the Percies and Earls of Northumberland And therefore the Lord Ogle that Marryed the Lady Elizabeth Percy ought not to Assume the Name of Percy nor have any Settlement of the Lands which attend the Title For the Agents did put in a Bill to the Right Honorable Committee of the House of Lords to be made an Act of Parliament for the Settlement of the said Lands And also pretended to Indemnify the Trustees But it is rather judg'd the real Contrivance of the Trustees was meerly to bring themselves off from giving an Account of the main Profits and the great Wasts that have been Committed ever since the Death of Josceline the late Earl of Northumberland which on the Twenty-First of May next will be Ten Years Not many of the Persecutions have been of that long Continuance An Act of Parliament may be sooner stop't but will be hard to Reverse though never so Illegally obtain'd This first Sheet added to this Book contains the last Petition to the King and a short Abstract of the several Tryals The Last Sheet was an Account to one that desired to be satisfyed by reason the Agents had mis-informed him But now he is really Convinced The Second Sheet was likewise prepared for the last Session of Parliament and sets forth the several Petitions Reasons and Transactions in the Late Parliament Pag. 1 2 13 14. The Three Sheets containing the middle of the Book wherein he Petitioned the the House of Commons for their Aid not any wayes intending to Relinquish his Right in the House of Peers A Narrative of the several Tryals and Proceedings in the King 's Bench before my Lord Chief Justice Hayles and the Lord Chief Justice Rainsford Pag. 3. The double Tryal before the Lord Chief Justice Scroggs Pag. 5. A short Abstract of the Claymant's proceedings ever since the Death of Josceline Percy late and Eleventh Earl of Northumberland Pag. 9. The Pedigree of James Percy which proves him to be Cousin and next Heir-Male to Josceline the late Earl and Heir-Male of the Body of Henry Percy the Fifth Earl of Northumberland Descended from Sir Ingleram Percy his Younger Son who was Innocent and his Issue remains untainted to this Day Pag. 12. THere was a Petition presented to the King and Council But the Result of the Board was The Cause lay not before them but before the Parliament And the Kings most Gracious Answer to the Claimants first Petition was God forbid we should hinder an Heir but that he should have the Benefit of the Law And now his Majesties further Gracious Answer is to this Last following Petition Presented into his Majesties sacred Hand the 21st of September 1679. as Sir John Birkenhead did inform the Petitioner this 24th Instant 1. As to the Writ of Summons to Sit in the House of Peers His Majesty replyes He cannot Grant it by reason the Cause had been before the House of Lords And that it must be Determined by them before his Majesty could Grant the said Writ of Summons 2. As for that Act of Parliament the Lord Ogle was indeavoring to
COMMONS by fresh Petitions And in the mean time he hath prepared these Prints to pre-admonish the World And that Just Men may know that James Percy is the true and lawful Heir and of right ought to enjoy the Earldom of Northumberland and that the Estate must attend the Title But cruel Oppression still keeps Possession which forces the Claymant to cry out aloud again again and again for Justice and that Property and Right may be preserved For if his Innocent and Just Cause should be now neglected your Children and Children's Children may be Rejected another Day I pray God to direct our King Parliament and People that they may fore see Things so as to preserve the Cood and prevent the Evils to come AMEN To the Honorable The KNIGHTS CITIZENS BVRGESSES Of The House of Commons IN PARLIAMENT Assembled The Humble Petition of James Percy Esq Sheweth THat it is now almost Nine Years since he put in his Claym as Descended of the house of Northumberland and next Cozen and Heir-Male to Joscelin late Earl of Northumberland All which time he hath Vigorously and Industriously pursued his Right though against so great and unequal Force and Opposition that he hath not been able to prevail And therefore humbly prayes Leave to bring the State of his Case and the Narrative of his Proceedings before this Honorable House Imploring their Assistance to Appear Mediate and Interpose for his Relief And your Petitioner shall Pray c. A NARRATIVE OF THE PROCEEDINGS OF THE PETITIONER Since His Petitions were Dismissed by the Right Honorable the House of LORDS and his Case left to the Law IN Trinity-Term 1674. the Petitioner brought an Action in the King 's Bench against John Clarke Esquire for Scandal and Defamation he had thrown upon your Petitioner Where upon Hearing some of his Witnesses did not appear Nevertheless your Petitioner went so far on with the Proof of his Pedigree and Lineal Discent from the Earls of Northumberland that the Lord Chief Justice Hales said in open Court That the Plaintiff meaning your Petitioner had proved himself a True Percy of the Blood and Family of the Percies of Northumberland legitimate by Father and Mother Grand-Father and Grand-Mother and that he did verily believe your Petitioner was Cousin and next Heir Male of Josceline Percy late Earl of Northumberland But was afraid he had taken his Discent a little too Low and willed him to come better Prepared next Tryal Whereupon your Petitioner suffered a Non-suit A * * 1. The Reason of the Mistake in the First Pedigree was that the Herald-Stainer left out Sr. Ingleram Percy the Great Grand-Father 2. Searching in another Herald-Stayner's Book that had been lent out the said Book was returned the Leaf where the Matches of the Percies Family were set down according to the Alphabet being torn out 3. Therefore his Counsel did advise to fix the Pedigree upon Sir Richard Percy and if he was found the Wrong it would be the means to find out the Right as it did effect at last Mistake I hope all will Pardon to one under those Disadvantages the Claimant was who was forced to Abscond in England for his Loyalty and Travel for some Years and had not an Opportunity to aquaint himself with the Family of Northumberland so as to be informed of his Pedigree The Truth is When he came into England to Claim his Honor and Estate though he knew it was his Right yet it was hard for him to prove his Great Grand-Father as it would be for most perhaps that Condemn him 2 2 Searching in another Herald-Stayner's Book that had been lent out the said Book was returned the Leaf where the Matches of the Percies Family were set down according to the Alphabet being torn out when a Family is so Dispersed and the Pedigree of the Younger Sons neglected by the Herald Upon a Second Action brought iâ—â—â—e Court of the King 's Bench against Sir John Copleston Trustee fo◠〈◊〉 Lady Clifford Sir John sheltred himself under the Priviledge so long as he could When he was forced to a Tryal your Petitioner proved himself Cousin and next Heir-Male of the said Josceline Percy late Earl of Northumberland as followeth For the Claimant James Percy was the Son of Henry Percy Grand-Son of Henry Percy Esquire Great Grand-Son of Sir Ingleram Percy Great great Grand-Son of Henry Percy Fifth Earl of Northumberland So as the Court willed him to proceed to the Title of the Lands Unto which his Counsel replyed That the Lands must attend the Title That the Deeds Evidences Books of Entries and the Records of the Estate were in the Possession of the Defendants So that at present they were not prepared nor instructed to proceed further than the Legitimation and Lineal Discent of your Petitioner 3 3 Therefore his Counsel did advise to fix the Pedigree upon Sir Richard Percy and if he was found the Wrong it would be the means to find out the Right as it did effect at last from the Noble Family of the Earls of Northumberland That upon the Thirteenth of June 1676. your Petitioner brought his Action in Guild-Hall London against John Blackeston Esquire for Scandal and Defamation But the Defendant moved the Court of King's Bench that the Action might be removed and brought into that Court And that a Tryal might be there had which was ordered accordingly And the Seventh of May they appointed to Hear the Cause The Petitioner humbly submitted to the Pleasure of the Court. And your Petitioner and the Defendant having some few Weeks before the said Time of the Tryal by Consent attended the Master of the Office and settled a Jury Your Petitioner prepared for a Tryal and brought up from many and some very remote Parts of the Kingdom Sixty-five Witnesses all in Court whose Travels to and fro upon Calculation amounted to above Four Thousand Miles and had Fourteen Learned Councels at the Bar The Charges of all amounting to about Four Hundred Pound And thus prepared brought on the Cause to a Hearing the Day appointed When imediately the Defendant's Counsel insisted upon the Priviledge of the Countess Dowager of Northumberland in Protecting her Servants and Agents The said John Blackeston being Steward of her Courts and pretended Receiver of her Rents and that he was upon the said Imployment Whereupon all your Petitioner's Counsels refused to Plead although the Court would have Heard them and proceeded to Tryal of the Cause But the Councel replyed They had no mind to go to the Tower some of them having been there before And thus the Tryal was put off Whereupon Mr. Justice Wilde hearing these Things stood up and said in open Court Fye fye Gentlemen Is this a Time to insist upon Priviledges when you forced the Plaintiff to a Tryal and have put him to so great Expence Travel and Labor You do but cast Cold Water upon your Cause It is not the first time this Cause hath been before
of Parliament concerning the Exchange of Lands between King Henry the Eighth and Henry Percy the Sixth Earl of Northumberland and others The Plaintiff's Counsel replyed Here is the same Act with several Savings That Saving of the Lady Lucies Lands was read till it came to Sir John Melton Then The Lord Chief Justice replyed This doth not concern you There are no Lands but are all given away by that Act of Parliament The Plaintiff humbly replyed The Melton's could not Claim so long as there was an Heir-Male of the Percies living And the Lady Elizabeth Percy keeps in Possession of the Lady Lueies Lands to which she hath no Right as she is the Heir-Temale For her Agents had Two Tryals against the Tennants and she was Overthrown in both Therefore the Plaintiff's VVitnesses ought to be heard that his Pedigree may be fully proved This will wash the Scandal clear off the Plaintiff from that Brand of an Imposture set forth in the Gazet And present the Claimant's Cause fairly to the KING and the House of LORDS The Lord Chief Justice said VVhat will you prove the Pedigree for when there are no Lands to support the Title The Plaintiff replyed And what have we to do with Lands if we do not prove the Pedigree The Plaintiff prayed That the Saving might be Read concerning Somerset-shire Lands for which Sir John Coppleston is Trustee VVhich Lands were beg'd of His Majesty and kept under pretence that there is no Heir-Male of the Percies living The Lady Elizabeth Percy claimes no Right therein But if she were in Possession of the Lands she would endeavour to keep them as they do by the Lands claim'd by the Plaintiff The Plaintiff also prayed The Record might be Read concerning the Lands the Duke of Monmouth had Recovered at a Tryal against the Countess of Northumberland under pretence there was no Heir-Male of the Percies which was not allowed by the Court to be read although the Duke was pleased sometime to say He had no Right to those Lands if there was an Heir-Male of the Percies living The Plaintiff produces the Patent of Restitution in Edward the Sixth's Time to Thomas Percy the Son of Sir Thomas Percy that Rebelled Likewise the Two Patents of the New Creation of the Barony and Earldom to Thomas and Henry Granted by King Philip and Queen Mary And an Act of Parliament in Queen Elizabeth's Time which Act if it had been Read it would have Encouraged the Plaintiff's Counsel to have pleaded an Abatement to that Act profusely Condescended unto by Henry Percy Sixth Earl of Northumberland in the Time of King Henry the Eighth when the said Earl had no Heirs-Males of his own Body Two Orders of the House of LORDS The First in King Charles the First his Dayes Then Resolved upon the Question Nemine Contradicente That no Person that hath any Honor in him and a Peer may Alien or Transfer the Honour to any other Person Resolved c. That no Peer of this Realm can Drown or Extinguish his Honor but that it Descend to his Descendants neither by Surrender Grant Fine nor any other Conveyance to the KING The Second in King Charles the Second's Time Resolved and Adjudged That no Fine Levied or at any time here-after to be Levied to the King can barr such Titles of Honor or the Right of any Person claiming such Title under him that Levied or shall Levy such Fine Moreover Charles 2d Act of Oblivion The KING 's Gracious Act of Free Pardon Oblivion and Indempnity at Breda If it Extended to Rebels then well may Royalists claim their Birth-rights By the Pedigree from Henry the First Earl of Northumberland to Josceline Percy the Eleventh Earl of Northumberland After every Rebellion in the Head-Line there were still New Creations and New Restitutions in Blood to the Heirs-Males of the Head-Line that was Attainted If so then great Reason the Collateral Line that proves Innocent should claim their Birth-Right after the Head-Line is spent Therefore it is requisite the Pedigree should be fully proved up to his Great-Grand-Father The Defendant's Counsel replyed We own your Pedigree and your Title But would not suffer any more of the Writings to be Read nor the Witnesses to be Examined The Plaintiff replyed What will the Owning signify if you will not suffer him to prove his Pedigree If you will not examine the Witnesses be pleased to Confirm what you own by a Rule in Court The Lord Chief Justice thereupon said Confirm or not Confirm the Declaration is naught Discharge Blackeston from the Suit of Percy Whereupon the Plaintiff was Non-suited And the Costs are Taxed to 100. Marks without any Consideration of the Plaintiff's vast Charge he was put to by the Defendant's Delayes and Puttings-off by Priviledges As by this and the former Tryals doth appear ☞ And the Plaintiffs own Counsel are of Opinion That there is no Relief in this Case at Law but by Act of Parliament And therefore hath prepared his Bill And prayes It may find Admittance A Short ABSTRACT of the Claymant's Proceedings ever since the Death of Josceline Percy late Earl of Northumberland 1. UPon the 11th of October 1670. the Claymant Landed in England First applyed himself to the Senior Countess Dowager of Northumberland And she was pleased to send him to the Junior Countess And then it was Reported she was with Child 2. The Claymant did then forbear till Time made out to the contrary And on the Third Day of February 1671. he put in his Caveat and Claym as followeth James Percy Esq as Cozen and next Heir-Male of the Right Honorable Josceline Lord Percy and Earl of Northumberland lately Deceased doth Claym the Title Stile Honor and Dignity of Baron Percy and Earl of Northumberland Cum pertinentijs and the Annual Rent or Fee of Twenty Pound where-with the said Dignity and Honor was and is Endowed payable by the Sheriff of Northumberland out of the same County And humbly desires a Legal Tryal of his Right herein and that no Grant in the interim may be made thereof being his Inheritance and Birth-Right Dated under my Hand this Third Day of February 1671. JAMES PERCY Copia Vera Entred into the Signet-Office at White-Hall 3. He met with Mr. Henry Champion and Mr. Orlando Gee at Dr. Lamplughs and pray'd them to inform him of his Great-Grand-Father But they rather took Advantage of his Ignorance But Mr. Henry Champion did very honestly upon his Oath at Sir John Coppleston's Tryal declare That Sir Inglexam Percy was Marryed and had Sons and Daughters which did not only time but fix the Claymant's Pedigree Sir Ingleram Percy being left out of the First Pedigree did much Wildernize the Claymant 4. The Claymant petitioned the KING and his Gracious Answer was God Forbid we should hinder an Heir but that he should have the Benefit of the Law 5. Also he Applyed himself to the Earl Marshal supposing to have been Relieved by the Court of Honor but
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 forth with 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 Subject 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 Excellant Majesty may see the real 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 〈◊〉 that They â—ay intercede in his Just Cause with Your Royal Majesty and the Right â—onourable 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 withdraâ— 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 21â—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 Petitioner hath proved his Legitimacy and Pedegree at four several Tryals at Law whereof one is exemplified under the Great Seal of Your Majesties Court of Kings-Bench where Your Petitioner is now a Prisoner upon that Writ of Error the Lord Chief Justice Soroggs so wilfully gave the Cause away after Your Petitioner had fully proved his Pedegree and to be Descended from the Body of Henry Percy fifth Earl of Northumberland and Cousin and next Heir-Male to Josceline Percy late and eleventh Earl deceased Therefore He most Humbly Prays that Your Most Excellent Majesty would be Graciously pleased to Order the Lord Chancellour forthwith to call by Your Majesties Royal Writ of Summous Your Petitioner from the House of Prison to the House of Peers to take the Place and Seat of his Ancestors Earls of Northumberland as it is his Birth-right and Title proved at Law God in his Justice and Mercy restor'd Your Majesty to Your Crown and Kingdoms even so let Your Majesty in Equity and Pity Restore Your poor Distressed Subject And Your Petitioner shall ever