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 16 [...]

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 Knt. 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 Knt. 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 Knt. 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,
[depiction of half-moon]

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 Ʋnkle.

And by reason I know not which is the Eldest and nearest of Kin of th [...] Collateral Line.

Therefor [...] [...] 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.

  • [Page]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.
[Percy coat of arms with half-moon]

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, Knt. who was the third Son of Henry Lord Percy, 5th. Earl of Northum­berland, By which Descent the Claymant is Cousin and next Heir-male to Joscelin Percy the late and 11th. Earl of Northumberland, Deceased.

[Percy coat of arms]

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,) [Page 6]Conspir'd with Charles Earl of Westmerland, to Depose, by Force, Qu. Elizabeth; So by Authority of Parliament he was Condemned for High Treason, and as Chief in the Conspiracy, was beheaded at York, 14th. year of Queen Elizabeth.

Who married Anne the Daughter of Henry Somerset Earl of Worcester, and had Issue Male, Thomas, that dyed young, and 4 Daughters; Heirs Males Extinct, And

Henry Percy 8th. Earl of Northumberland, Lord of the Honours of Cockermouth, Pet­worth, Lord Percy, Lucy, Poynings, Fitz-payne and Bryan; all which Honours he en­joy'd by virtue of the Letters Patents given by Queen Mary to his Brother Thomas, and was Created Anno 1574. He was after accused of Treason; and being in the Tower of London, slew himself with a Dag charg'd with Two Bullets, (before his Cause was heard, or that he was Arraigned,) in the Month of July 1585.

ARMS Quarter'd as before, Who married Katherine one of the Daughters and Co-heirs of John Nevel Lord Latimer, by whom he had Issue,

  • 1. Henry the 9th. Earl.
  • 2. Thomas, who dyed young.
  • 3. William.
  • 4. Sir Charles Percy Knight.
  • 5. Sir Richard Percy Knight.
  • 6. Sir Alan Percy Knight.
  • 7. Sir Josceline Percy Knight.
  • 8. George Percy Esq

Henry Lord Percy 9th. Earl of Northumberland, Lord of the Honours of Cockermouth, and Petworth, Lord Percy, Lucy, Poynings, Fitz-payne, and Bryan, and (in his Mothers right,) Lord Latimer; He was Knight of the most Noble Order of the Garter, by Qu. Elizabeth, in the Year of our Lord 1593.

Who marryed Dorothy, Daughter of Walter Devereux, Earl of Essex; by whom he had Issue,

  • 1. Algernon, the 10th. Earl.
  • 2. Lord Henry, who dyed without Issue.

Algernon, the 10th. Earl of Northumberland, Lord of the Honours of Cockermouth and Petworth, Lord Percy, Lucy, Poynings, Fitz-payne, Bryan and Latimer, Knight of the most Noble Order of the Garter, Lord Admiral of England, and General over His Ma­jesties Forces for his Expedition 1640. and one of His Majesties most Honourable Privy Council: He marryed Two Wives: by the former he had 4 Daughters; and by the latter Wife, 1 Son, (viz.) Josceline.

Josceline, the 11th. Earl of Northumberland, Lord of the Honours of Cockermouth and Petworth, Lord Percy, Lucy, Poynings, Fitz-payne, Bryan and Latimer, Deceased;

Who married Elizabeth, Daughter to the Earl of Southampton, by whom he had Issue

  • 1. Henry, who dyed young.
  • 2. Elizabeth, who marry'd the Lord Ogle. (Heirs Males Extinct.)

The Collateral Line.

Sir Ingelram Percy, the 3d. and youngest Son of Henry Percy the 5th. Earl of Northum­berland; who married, and had Sons and Daughters, as by the Oath of Mr. Henry Cham­pion, who kept the Percies Books and Records; where he found what he testify'd upon Oath, at the Tryal between Ʋtting Plaintiff, and Coppleston Defendant; He had Issue,

  • 1. Henry Percy,
  • 2. Robert Percy,

and 2 Daughters.

About 1559. these 4 Children were (in the time of Troubles in Queen Elizabeths Days) sent out of the North in Hampers, to old Dame Vaux at Haraden in Northamp­tonshire, and there were brought up, preserved, and provided for. Therefore it is con­cluded by all, that Sir Ingelram's Lady, (the Mother of those Children, (must be related to Dame Vaux's Family.

The Countess Dowager of Dorset, Pembrook, and Mountgomery, said, That if the Clai­mant, James Percy, were her Kinsman, he must be descended of those Children that were sent into the South in Hampers. [Note] There were but few Coaches in those days. Mar­garet that married the first Earl of Cumberland, whom the Countess of Dorset descended from, was Sir Ingelram Percie's own Sister. And while the Claymant was with this Lady, enquiring and delivering Declarations in Ejectment, the Estate was all-begg'd, as his printed Book makes appear more at large.

That which wildernized the Claymant, was, the rending the matchings of the Percies out of the Herald's Book, and likewise the Herald-painter left Sir Ingelram quite out of the first Pedegree.

[Page 7] Henry, the eldest Son of Sir Ingelram marryed the Daughter of one Tibott, by whom he had Issue,

  • 1. James Percy, who dyed about the year 1654. in Ireland, without Issue-male.
  • 2. William, who died young.
  • 3. Henry.

And 3 Daughters.

Henry Percy married Lidea the Daughter of Mr. Robert Cope of Horton in Northamp­tonshire, by whom he had Issue,

  • 1. Henry, who dyed young.
  • 2. James.
  • 3. Henry, who dyed young.

1 Daughter, named Elizabeth.

James, the now Claymant, born 1619. of Henry and Lidea his Wife, who was 2d. Son of Henry, who was first Son of Sir Ingelram, who was 3d. Son of Henry, 5th. Earl of Northumberland, who was great great Grandfather of the Claymant James Percy, who married Sarah the Daughter of John Sayer of Norwich, Gent. by whom he hath Issue,

  • 1. Anthony Percy, married and hath a Son (viz.) Henry.
  • 2. Henry.
  • 3. John.
[depiction of half-moon]

UPon a tripartine Exchange, the Countries from Trent, Sir W. Chur­chil's Histo­ry; fel. 257. to the North-ward, was the Lot of the Percies, in Memory whereof the same being in the Georgraphical Form of an Malf-moon, Crescent for their Cognizance

A short Abstract of the fore-going Narrative, co-temporizing down from Henry the 5th. Earl of Northumberland, who had as before the following (Issue) 6th. Earl of Northumberland, Henry eldest Son, who dyed without Issue.

  • Thomas second Son had two Sons, both Earls.
    • 7th. and 8th. Earls, Thomas, and Henry, first Cousins unto —
      • 9th. Earl, Henry, and his Bretheren, second Cousins unto—
        • 10th. Earl, Algernon and his Brother, third Cousins unto—
          • 11th. Earl, Joscelin, fourth Cousin unto—
            • The Lady Elizabeth Percy married to the Lord Ogle, 5th. Cousin unto —
  • Sir Ingelram Percy third Son had two Sons, viz.
    • Henry,
      • James,
      • Henry.
        • James.
          • Anthony,
            • —Henry.
          • Henry,
          • John.
      • Robert.

This may satisfie all wise Men of the Truth of this Pedigree; As for the Claymant James Percy, he doth acknowledge the mistake of claiming under Sir Richard Percy, who was born Anno 1573. And James Percy, who was Unckle and Godfather to the Claymant, was born 1581. So by this Account Sir Richard must have been a Grandfa­ther at 8 years of Age. This is an impossible thing indeed.

But here lies the Mystery, and the very Truth of this matter; and it was his Coun­cels advice, to fix upon a wrong party, which (said they) would be the only way to find out the right party; For the Matches of the Percies was rent out of the Heralds book, and Sir Ingelram Percie's Name was quite left out of the first Pedegree, which wilder­nized the Claymant, and the Councels too, which forced the Claymants Councel to tell the Lords in Parliamant, that the Cause did not lie before their Lordships, but ought to be tryed before the inferiour Courts first; and if the Law could not end it, then it was to return, and come before their Lordships again, to debate and to determine: Since which time it hath been found out by a Verdict at Law, that James Percy, is the Legitimate Son of Henry Percy and Lidia his Wife. And upon Petitions, as in the printed Book may appear, The Kings Most Excellent Majesty hath graciously conde­scended that the Lords in Parliament shall determine the said Cause.

[Page 8]It is hoped that this just account will abate that mistake of Clayming under Sir Richard; for the Lord Chief Justice Hayls said at the first Tryal, That the Plaintiff had proved himself Legitimate by Father and Mother, by Grandfather and Grandmother, but had taken his Descent too Low, he must go a step or two Higher. And the Lord Chief Justice Rains­ford said to the Jury at that Tryal against Wright for Scandal, That the Plaintiff had pro­ved himself Legitimate, and therefore did not examine the third part of his Witnesses; but said His Pedegree was fully proved at a Tryal before that Court. So that the Plaintiff ought to have had a Verdict then, when Mr. Henry Champion's Oath did perfect and fix'd the Pedegree as before-declared. And the Lord Chief Justice Scroggs, at the last Tryal a­gainst Blaickstone for Scandal, and the whole Court did own the Pedegree of the Plain­tiff, only said, The Declaration was nought. When in Truth it was debated and allow­ed at the first part of the Tryal; which is good Cause of Error. As the Claymant hath laboured to find out the Truth, even so he doth most humbly pray, That all Wise, Lear­ned, and Conscientious men may take Courage, like the Lord Chief Justice Hayls and his Brethren, and strictly inquire into the very bottom of the matter, and to set aside all mistakes, and set up Truth, and maintain and speak cordially to and for Justice; this being the only way to clear the Innocent and put a stop to Oppression. And the Relieved (as in Duty bound) shall ever pray for his Majesties long Life, and the Pro­sperity of Him, His Realms, and Kingdoms.

The above Claymant had two Petitions read in Council, 21 July 1680. (and rejected) It seems it was objected, that the Man whom the Claymant claimed under must be a Grandfather at eight years old. It is hoped the account aforesaid will justly satisfie and procure a right understanding at the second hearing before the Lords in Parliament And there being no president, as the Claymant is informed, that the Orders of this House do perpetually bar, where the party hath not been fully heard.

  • For Henry, 5th. Earl, had Sir Ingelram,
  • — who had Henry, and he had Henry,
  • — who had James the Claymant.

This Truth is as clear as the Sun at Noon-day, and blows over the misty mistake of Claiming nnder Sir Richard Percy.

It was the putting down of the Court of Wards, and setting up of Priviledges on all sides against the true Heir-male, and the general neglect of the Heralds in the Col­lateral Line, and the treacherous Actings of his Solicitor, did obstruct and delay all this time.

Moreover, the Lord Ogle that married the Lady Elizabeth Percy, hath endeavoured to change his Name from Cavendish to Percy, and also to have obtained an Act of Par­liament to settle and confirm upon him (the aforesaid Lord Ogle) all those Lands which are annexed to the Title and Earldom of Northumberland; which Lands formerly were firmly settled upon the Heir-males of the Percies for ever.— See the Records and the Verdict exemplified, and pray a stop may be put to the Lord Ogle's Act of Parliament, by reason the Lands are begg'd, bought, sold and scattered. The undoubted Right, and next Heir-male of the Percies in Bloud, and so proved at Law, and therefore he most humbly and earnestly prays, That an Act of Parliament may be had, to restore him to his Birth-right, Title, Estate, Preheminence, Priviledges, Place and Seat of his An­cestors, As it hath been done heretofore to several of the Percies, the Earl of Kent and others. This being the 11th. Year of the Claim of

JAMES PERCY. Who humbly Beggs, Prays, and Cries for speedy Justice.
[Page]

To the Kings Most Excellent Majesty.
The Humble Petition of JAMES PERCY, Son of Henry Percy, Grand-Son of Henry Percy, Great Grand-son of Sir Ingleram Percy, Great great Grand­son of Henry Percy Fifth Earl, and Couzen, and next Heir-Male to Jocelin Percy, the late and Eleventh Earl of NORTHUMBERLAND, Deceased.

SHEWETH,

THat Your Petitioner hath near upon Ten Years prosecuted his Birth­right, and still continues his Claim to the Title, Honours, Manors, Lands, Preheminencies and Priviledges, that the Rights belonging to the Heirs-male of the Percies Family, as they are annexed to the Earldom of Northumberland.

That upon the first Address Your Petitioner humbly made to your Majesty, in order to obtain his Right, Your Majesty was Graciously pleased to return for Answer, God forbid Your Majesty should hinder an Heir, but that He should have the Benefit of the Law.

That upon his Application to the House of Lords (after some short pleadings,) his Councel moved, thar the Cause might be left to the Law for his Legitimation, that he might more Regularly come before their Lordships, which was accordingly done.

That he hath (pursuant to their Lordships order) obtained a Verdict, exemplified under the Seal of your Majesties Court of Kings-Bench, That He is truly, and legi­timately descended of the Blood and Family of the Percies of Northumberland.

That upon Your Petitioners Humble Application by way of Petition to Your Ma­mesty, praying your Royal Writ of Summons, to call Your Petitioner to Sit in the House of Lords; Your Majesties Gracious Answer was, That You thought it not Con­venient until the Petitioners Cause was Determined by the Lords.

That the Parliament being by your Majesties Royal Prerogative again Prorogued, it much encourageth your Petitioners Opponents, and weakens your Petitioner in his Dependencies, having been Published in the Gazet formerly for an Impostor, whereupon, by the (contrivance of his Solicitor) the Lands were begg'd in the Name of the Duke of Monmouth, and others.

That during the time Your Petitioner was prosecuting his Right at Law, the po­tent Defendants put him off so long by Priviledge of Parliament, till George Fitz-Roy was Created Earl of Northumberland: And now it is divulged in Print, that the Lord Ogle, hath changed his Name from Cavendish to Percy: All which forces your Peti­tioner to flie to Your Sacred Majesty for Relief, Protection and Justice.

That it is the Opinion of your Petitioners Councel, That your Majesty of your own Princely Prerogative, without any Declaration of the Lords, may Restore your Petitioner to his Birth-Right, Title, Honors, and Estate, that depends thereon.

Your Petitioner therefore most humbly prays your Majesty (in whom solely lies the Creation and preservation of Honour and Nobi­lity) to Declare your Royal pleasure, for his Ascending the Sphere and Dignity of his Ancestors: Or, to graut unto your Petitioner (that hath groaned under Ten Years Oppression without decision of his Claim) such Yearly Pension as may support him, until his Cause come to a final Determination. And Your Petitioner shall Pray, &c. JAMES PERCY.

[Page 4]THis Petition was presented into your Majesties Sacred Hand the 18. of December 1679. and Sir William Glascow, Master in waiting, order'd the Petitioner to call for an Answer the 22th. Instant, which the Petitioner accordingly did; but then found no opportunity to speak with him: The Petitioner attended the 23. instant, and then Sir William returned this Answer by his Maid-Servant, That he was buisie with some Friends, and that the King would hear nothing until after Christmas-Eolidays.

That the Petitioner went to the Secretaries Office, to get this following Advertise­ment to be entred into the Gazet, but it would not be allowed; which did much dissatisfie your Majesties Loyal Subject, to think that the True Heir, looking after his Birth-right, should be put into the Gazet for an Impostor, when as he hath proved himself at the Court of Kings Bench, by Twelve honest Jury-men, to be the true Percy, and the only Heir-male to the House of Northumberland. It is very sad, when a lost Dog shall find Entrance into the Gazet, and a Just Man be kept out. The Adver­tisement refused, is as follows.

Advertisement.

WHereas the Lord Ogle is published in print, to have changed his Name from Ca­vendish to Percy, upon his Marriage with the Lady Elizabeth Percy, James Per­cy Esq the true Heir-Male of the Blood of the House 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 Coronation­Oath, 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 ye 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 above­mentioned 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.
[Page]

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.

[Page] [Page] [Page]

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.
[Page]

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.

[Page 2]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.
[Page 2]

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, [Page 3]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, Fi [...] 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.

[Page 4]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.
[Page *]

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.

[Page **]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 obtain; His Majesty was further pleased to say, That the Petitioner might put in a Proviso, that there might be a Saving to the Petitioner, and to his Heirs; as the Counsels learn­ed in the Law, should Advise.

To the KING'S most Excellent Majesty.
The Humble Petition of James Percy.

Sheweth,

THat Your Petitioner hath these Nine Years, industriously Prosecuted his Claim to the Titles, Honors, Priviledges, Mannors, and Lands, &c. that of Right descend to him, as Cousin and next Heir-Male to Josceline Per­cy, late and Eleventh Earl of Northumberland.

That there was a Bill presented to the Right Honorable Committee of Lords, the last Session of Parliament, for the Settling all those Lands by an Act of Par­liament, that of right attends the Title and Name of your Petitioner, upon the Lord Ogle, who Marryed the Lady Elizabeth Percy, and would have Assumed her Name: Which Act would have cut off the Right of the Heir-Males of the Percies for ever.

Notwithstanding, Your Petitioners clayming the said Honors and Lands, &c. as afore-said; although his Claym hath not been determined these Nine Years, as above-said; and now going on in the Tenth Year of his Claym.

May it therefore please Your most Excellent Majesty, to give Com­mand for Your Petitioner's Summons to this present Parliament; by reason Your Petitioner hath proved himself the next Heir-Male in Blood, to the Percies of Northumberland, as by a Judg­ment and Verdict exemplyfied under the Seal of Your Majesty's Court of King's-Bench. Moreover, The Extreams of the Law, which Your Majesty was Graciously pleased to refer Your Peti­tioner unto, and the Potency of the Defendants is such, that it forces your Petitioner to fly to Your Royal Majesty for Justice. And he shall ever Pray, &c.
[Page ***]

A short Abstract of the several Tryals is here-unto Annexed, to sa­tisfy Your Majesty.

WHereas Your Majesty was Graciously pleased, to leave Your Petitioner to the Law; therefore, the Petitioner humbly Presents these few Lines, to shew what is proved by the Law.

First Tryal in the Year 1674. The Petitioner was Plaintiff, against John Clark, Esq Defendant, who was the Lady Elizabeth Percies Agent, for scandalous Words he had spoken against the Plaintiff: At which Tryal Judge Hales de­clared, That James Percy, the Claymant and Plaintiff, had proved himself a true Percy; Legitimate by Father and Mother, Grand-Father and Grand-Mother; and of the Blood and Family of the Percies of Northumberland: And he did ve­rily believe, that Your Petitioner was Cousin, and next Heir-Male to Josceline Percy, the late and Eleventh Earl of Northumberland; only he was afraid, he had taken his Descent a little too low.

Second Tryal, was upon an Ejectment for Cannington-Lands in Somerset-shire; which Lands of Right, fell to the Heirs-Males of the Percies, after the Heirs-Males of the Rogerses was Extinct: Doubtless, it was by Mis-information, that Your Majesty was mistaken in Your Gift. And at that Tryal, the Pedigree of Your Petitioner was fully proved; and the Plaintiff ought to have had a Verdict for the same: But Sir John Coppleston being made Defendant in the Case, ob­tained 80 l. Cost; and doth violently Prosecute the Claymant and Plaintiff, for the same. Notwithstanding, the Defendants do wrongfully possess those Lands, and receives the Profits; and preserved themselves all along by Privi­ledges, for many Years; to the utter Ruin of Your Petitioner, if not timely prevented by Your Sacred Majesty.

Third Tryal, Your Petitioner proved himself Legitimate again; And not the Tyth of the Plaintiff's Witnesses was Heard at that Tryal; by reason Judge Raynsford stood up, and said, The Pedigree was sufficiently proved by the For­mer Tryals; as by the Judgment and Verdict exemplyfied under the Seal of Your Majesty's Court of King's-Bench.

Fourth Tryal, the Plaintiff was forc'd to pay 90 l for Clark's Cost, before the Lord of Essex's Priviledge could be got off, to go on to Tryal: And then the Defendant's Councel did declare in Court, That they did own the Plaintiff's Pedigree and Title; and yet would not suffer the Plaintiff's Writings to be Read, nor his Witnesses to be Heard; which prevented the Plaintiff from re­covering the 10000 l. Damages, which was laid in the Declaration: And for want of Justice, the Plaintiff lieth under the Burden of an Eundred Marks Costs. Which Tryal ought to be Reviewed, and the Plaintiff Relieved.

He therefore Prays, and humbly Beseeches Your most Excellent Ma­jesty, to remember Your own Troubles; how God delivered You out of the Oppressor's Hand: And even so be pleased to deli­ver Your oppressed Petitioner, out of the Hands of his Power­ful Opponants; so that, at last, he may injoy his Birth-right in Peace, according to Justice. And if the Petitioner be delayed longer, he must humbly pray Your Majesty for Maintenance, as is usual in such Cases, to support him, till he hath Recovered his Right, Title and Inhe­ritance
And Your Petitioner shall further Pray, &c.

[Page ****]IT is Hop'd, that Your Majesty will never Condescend, that the Lord Ogle shall assume the Name of Percy; nor that the Percies Lands shall be settled upon him, by Act of Parliament: For the Lady Lucy gave all her Lands to the Heir-Males of the Percies for ever. God forbid, that ever such a Fraud should be Committed in this Nation! Especially, when the true Heir-Male hath pro­ved his Pedigree.

Moreover, Your Petitioner remains Unmarryed: And further hopes, that by God's Providence, and Your patron-like Care, such a Match may be obtain'd, that will support the Title, and raise the Percies Name to its former Splendor.

THE Proroguing the Parliament, till the Thirtyeth of October next, for­ces the Claymant to make this further Complaint: For its Conse­quence is as prejudicial, as Priviledges have been to the Plaintiff; and as much for the Advantage of the Agents and Defendants: Who by Priviledges, Delayes, and Oppression, still keeps Possession; and the true Heir still under Persecution. For this Prorogument falls out as pat for the Defen­dants, as if it had been by their own Appointment. Had the Parliament held to Sit on the 17th. Day, then had the Claymant had time to have put in his Petition, in Obedience to the King's Gracious Answer and Direction, to the Right Honorable House of LORDS, to have been call'd into that Right Ho­nourable House of PEERS; To have taken the Place and Seat of his Noble Ancestors, Earls of Northumberland, according to his Birth - right and Title; which would have been a Means to have prevented the Act of Parliament, for the settling Percies Lands upon the Lord Ogle, that Marryed the Lady Elizabeth Percy, and that he should not Assume the Name of Percy; and that the Fraud intended, might be prevented. But now, the Oppressors have gain'd this fol­lowing Advantage; The Term will be a Week old, by that time the Parlia­ment Sits: so that, they hope, in that time, to contrive the Claymant into a Pri­son; so that he shall not be able to attend the House, when they Sit: If they obtain their Aims, then will the Claymant further Complain to the LORDS and 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.

[Page] [Page]

To the Honorable, The KNIGHTS, CITIZENS, & BƲRGESSES, 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.
[Page 3]

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 [Page 4]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, 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 i [...] [...]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, 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 [Page 5]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 this Court.

When Mr. Blackeston was asked, Whether he went to London, to look after Percy's Tryal? he said, It concerns me not; for the Countess of Northumberland is to bear me Harmless.

Upon the Fourteenth of May, 1678. there was a Tryal had at the King's-Bench-Bar, Westminster, for Scandalizing the Petitioner's Right and Title; where-on a Verdict was given for Three Hundred Pound Dammages to the Petitioner, and Judgment obtained there­on: As by the said Judgment, exemplifyed under the Seal of the Court, appears.

Lastly, That your Petitioner hath been all a-long perplexed and troubled by many Suits at Law, unjustly Commenced against him by the Agents of the Defendants, or some of them; on purpose to Tire him out, and Ruin him by Chargeable Defences: For it is now almost Eight Years, since he began his Claim. And there­fore, Humbly prayes this most High and Honourable Court, to open some way for the Hearing and Determination of this his Just Claim; as it shall in your Mature Wisdoms seem meet and con­venient, for the Preserving Property and Right.

This further Complaint since the Late PARLIAMENT was Prorogued and Dissolved.

Percy is Plaintiff;

Blackeston the Defendant.

In Banco Regis, Mich. Term.

MR. Blackeston being Steward to the Lady Elizabeth Percy, and the Countess Dowager of Northumberland, being her Guar­dian; the said Blackeston stood upon the Countesses Privi­ledge; until, upon another Occasion, the Duke of Monmouth, by an Order of the House of LORDS, took off the Countesses Privi­ledges, as to the Guardian-ship.

Then Mr. Blackeston sheltered himself under the Earl of Essexes Priviledge; until the Plaintiff put his Petition into the House of LORDS, that Mr. Blackeston might not be Priviledged by the said Earl.

Upon which, the Earl agreed with the Plaintiff's Counsel, That if the Ninety Pound Costs, that was unpaid upon the Non-suit be­tween Percy Plaintiff, and Clarke Defendant, were paid; that then Mr. Blackeston should not stand upon Priviledge, but go to a Tryal; which he accordingly did, in his Majestie's Court of King's-Bench. Before which time, in the said Term, the Plaintiff's Councel infor­med the Court, what the Earl had agreed unto.

[Page 6]Then the Lord Chief Justice stood up, and said to the Plaintiff; That the Earl of Essex did promise upon his Honor, to set aside his Priviledge; and that the Plaintiff should have a Tryal against Mr. Blackeston this Term, if the Plaintiff paid Mr. Clarke's Costs first: And we do promise, the Plaintiff shall have a fair Tryal.

The Plaintiff thereupon paid the said Ninety Pound Costs into the Court accordingly.

Monday the Eleventh of November, the Plaintiff brought on his Tryal: The Declaration being read, Counsellor Scroggs opened the Cause; and upon a Word in the Declaration, there was some De­bate: But it was waved, the Declaration allowed, and the Scanda­lous VVords in the Declaration proved.

Mr. Atturney General moved, that the VVitnesses might be heard, to prove the Pedigree upward; it being the better way to Satis­fy the Court, and to Inform the Jury: And withal, said; That his Clyant had no better way to prove his Pedigree, but by his Action of Slander: For he hath delivered Declarations in Ejectment, in se­veral Countries; and the Lands are all in great Persons Hands, which still delay him by Priviledges. Then was the Pedigrees delivered to the Judges.

But the Lord Chief Justice said; What need we trouble the Court, to Examine all these Witnesses, if there be no Lands? Therefore, let us see first, what Lands there are, to make good the Declaration. The Plaintiff produced Records out of the Tower, and other Places; which made out, That the Lady Lucies Lands in Cumberland, and other Countries, were settled upon the Heirs-Males of the Percies for ever, upon the Payment of Three Hundred Pound to the KING, &c. and Quartering the said Lucies Coat of Arms with the Per­cies.

Here the Defendant's Counsel started up an Attainder, which the Plaintiff's Counsel was not ready to Answer; the Plain­tiff's Sollicitor having made no Provision against the said Attainder; being confident, that Attainder could not Hurt nor Prejudice the Tryal. And this caused the Jury to be with-drawn.

The Jury appeared three several Times in this Cause; which was occasioned by the Delayes and Priviledges, which the Defendant sheltred himself under. The Plaintiff payd all the Jury, and the Ninety Pound was to be continued in Court, till there had been a Fair Tryal: But upon a Motion of the Defendant's Counsel, there was a Peremptory Rule granted, to take the Mony out of Court; which was accordingly paid to the Defendant.

The Second Part of the Tryal should have been had in Michael­mass-Term, 1678. while the Witnesses were in Town: But the Tryal of Mr. Stayley prevented it; So that, the Plaintiff's Tryal was put off till Hillary-Term following, viz. 27th. January, 1678.

The Defendant's Counsel moved the Court the first Day of Hil­lary-Term, for a New Jury, and a longer Time; pretending, they had but Seven dayes Notice: When in Truth, the Defendant's Atturney had a Months Notice by the Plaintiff, and Twelve dayes No­tice by the Plaintiff's Atturneys Clark. Upon which the Court [Page 7]gave a Rule for Seven dayes longer, and for a New Jury; which was Appointed accordingly.

Then the Defendant's Counsel afterwards moved the Court for a longer Day, by reason that their Writings were mis-placed by the Fire in the Temple; which further Day was granted, till Thurs­day, the Sixth of February; and no Costs considered to the Plaintiff, for keeping his Witnesses in Town all that Time, notwithstanding the Plaintiff's Counsel moved for Costs.

Note, The Lord Chief Justice Hales, in the Case of Percy Plaintiff, and Clarke Defendant: The Defendant's Counsel moved the Court for Seven Dayes time, pretending they were not Prepared: And the Rule of Court was to pay Thirty-Five Pound to the Plaintiff, to maintain his Witnesses in Town for that time; which was paid.

Now, on the Sixth of February, 1678. the Tryal came on again: The New Jury did appear; the Declaration was read; and Coun­cellor Scroggs opened the Cause, as he did before. And one of the Witnesses was called to prove the Words: And when he appeared, the Court acknowledged, he had proved the VVords sufficiently be­fore. And the Defendant's Counsel made no Objection against the Declaration.

So the Tryal was to go on, where it broake off: The Records of the Patents in Queen Maries time; one for the Barony, and the other for the Earldom, produced: And he that was the Clark, that Examined them, appeared; but was not suffered to prove them up­on Oath.

Note, The afore-said Clark of the Rolls not appearing upon the last Tryal, was the Cause of with-drawing the Jury.

Then when the Court saw the Plaintiff was ready to Answer to their Objections, declared, That the Plaintiff was Descended Para­mount the Attainders: And did own, the Attaint could not hurt the Plaintiff.

Then Mr. Atturney General moved, as at the first Part of the Try­al, That the VVitnesses might be Examined, to prove the Pedi­gree.

VVhereupon, the Defendant's Counsel started up an Act 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 [Page 8]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.

[Page 9]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.

[Page 10]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 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 [Page 11]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 Life­time. 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 Issue-Males.
        • Henry Percy, First Son, dyed Young, left no Issue.
        • James Percy, the now Claymant, second Son, hath Three Sons.

It is to be observed, The Herald-Stainer in the First Pedigree, did leave out Sir Ingleram; and likewise at another Herald-Stainers, where the Claymant found out the best In elligence: There he found that Leaf wanting of the Marriages of the Percies, which the Alphabet Directed unto; which much obstructed the Claymant's Endtavours.

More-over, It is said in Printed Books; That Thomas Rebell'd about the first Difference in Religion: But judicious Men judge, it was the Profuseness of his Bro­ther, in endeavouring to give away that, which in Law and Equity he ought not to do: Doubtless, this did Aggravate. And upon this Consideration, was the Lands given back to the Sons. And if the Issue of a Rebellious Son be Restored, great Rea­son the Innocent should Enjoy his Birth-Right.

And whereas there are divers Lands annexed to the Title, and setled upon the Heirs-Males of the Percies for ever; which Lands are wrongfully Possest by the Females: And that by the Fraudulent Practice of his Sollicitor, other Lands are Beg'd, Bought, Sold, and Exchang'd: So that, no Decision can be had by Law. Therefore humbly prayes, As he is yet a Commoner, and a Free-born Subject of Eng­land, that he may be Relieved by Act of Parliament, as is usual in such Cases.

By doing Justice in this your Day, may prevent the like Troubles from falling upon some of yours another Day.

He humbly remains a Faithful Servant to God, to the King, & to his Country.

For the want of the Court of Wards, and the Court of Honors, forced the Claymant to Publish these Complaints.

James Percy.
[...]
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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 [Page 2]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 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 [Page 3]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, 5th. 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, the Defen­dant Mr. Blakeston should not stand upon Priviledge, but go on to Tryal: Then the Lord Chief Justice Scrogs stood up and said, Mr. Percy, if you will lay down the 90 l. Mr. Clerk's Cost in Court, the Lord of Essex will not insist upon Priviledge, and we do promise you shall have a fair Tryal: Whereupon the Money was tender'd accordingly, and the 90 l. was got out of Court be­fore he had notice by his Attorney Mr. Hancock, or before the Tryal was ended. And in truth the 90 l. the Opponents ought not to have had, by rea­son the 90 l. Cost ought to have been set aside upon their own Demurrer. Moreover it is to be noted, that Sir George Jeffreys was Councel for the [Page 4]Plaintiff at the fore part of the Tryal, and had taken 40 s. a Retaining Fee, and 3 l. a Pleading Fee, and had the Petitioner's Breviate; but at the latter part of his Tryal, pleaded against the Petitioner, notwithstanding the Plain­tiff tender'd him new Fees, and complained of him in Court. All which caused the Plaintiff to Appeal to the Parliament by two Writs of Error, to have the Errors argued, and his Title to be brought to an Issue, to be call'd to the Place and Seat of his Ancestors, according to his Birthright.

That the Kings most Excellent Majesty hath been graciously pleased to re­ferr your Petitioner to the Lords in Parliament, to hear and determine his said Cause; and to that purpose, he hath been at vast Charges in renewing his two Writs of Error, after every Prorogation; and his Attorney hath re­ceived 60 l. only for the Kings Hand, besides all other Charges which far ex­ceeded. And his said Attorney did promise your Petitioner, to get all his Breviates in a readiness against the Tryal, but did altogether fail, as the printed Petition hereunto annexed makes appear. Moreover he told your Petitioner sometime before, that he could have had a hundred Goineys to be­tray your Petitioner; and some other of your Petitioners Councel have been tempted with Bribes, but they were so Just as to refuse.

And now the Agents have surprized your Petitioner, for they knew the Error must have been proved against the Plaintiff Mr. Blakeston; so that they would not take their Cost for that days disappointment, according to the prayer of the printed Petition, but have obtained the Writ of Error to be dismist the Lords House, without any fair Hearing: so that all they have done, and do, is by way of surprizal, to tire the Claimant out of his just Right.

He therefore most humbly beseeches the Honourable House of Commons, as he is yet but a Commoner, that for the Glory of God, the Honour of our King and Kingdom, to stand up for Justice, so that Property and Right may be preserved, and the Oppressed may be relieved, for this is the 11th. year of your Petitioners Claim: And intercede with the Kings most Excellent Majesty, and the Right Honourable Lords Spiritual and Temporal, not to suffer a Loyal Subject to be over-powered, but that his just Claim may be heard with patience, and determined in Justice; and that your Peti­tioners Bill may be made an Act, to restore the true Heir to his Birth­right, and that the Title and the Estate that is now dispersed into several hands, may be forthwith settled by an Act of Parliament. And he shall ever pray.

Near 300 l. the two Writs of Error have cost, for putting into Parliament, continuing and renewing after every Prorogation, and now they have Execu­tion upon Blakeston's Writ of Error, before the Case is heard.

The Attorney-General said, Mr. Percy, Now you have no where to Appeal but to Heaven: But if Justice be not done on Earth, we may fear Gods Vengeance will come from Heaven: Therefore the Petitioner is forc'd to Appeal to those Worthies in the House of Commons for Justice, and therefore he hath annexed the printed Petitions.

[Page 5]

To the KINGS most Excellent Majesty; And to the Right Honourable Lords Spiritual and Temporal in PARLIAMENT Assembled. The Humble Petition of JAMES PERCY.

SHEWETH,

THat after your Petitioner's Complaint against his Attorneys, James Hooton, Edward Fyfield, and John Hancock; Mr. James Hooton, one of your Peti­tioner's Attorneys, understanding the Complaints against him, sent the Writings by his Man, which came too late; out of which Papers his Breviates ought to have been drawn, which doth testifie the Truth of your Petitioner's Com­plaint, and what he offered to confirm upon Oath before your Lordships.

Therefore your Petitioner most Humbly prays, That the two Writs of Error may be continued between Percy Plaintiff, and Blakeston Defendant, and Utting Plaintiff, and Coppleston Defendant; and that his Councel that he hath Retained formerly, may be allowed your Petitioner to argue the said Cause: that is to say, Sir William Jones, Serjeant Pemberton, and Serjeant Simpson, and that a new day may be ordered now his Witnesses are in Town, and desires no longer time then his Councel may well consider: And further prays, That a moderate Costs may be tax'd, upon account of the Attorneys Negligence. And your Petitioner shall ever pray, &c. JAMES PERCY.

It is hoped, that the Neglect of the Attorneys shall not destroy a man's Birth-right, Title and Inheritance.

Your Petitioner's Cause being before your Lordships to hear and determine, therefore humbly prays, that a new day may be Ordered, before his Witnesses be dispersed.

[Page 6]

To the KINGS most Excellent Majesty, in PARLIAMENT. The Humble Petition of JAMES PERCY.

SHEWETH,

THat this annexed Petition, fairly writ, was presented at the Bar of the Lords House the 10th. Instant.

That your Petitioner is at a vast Charge in keeping his Witnesses in Town, waiting for an Order, and a Day appointed, according to the prayer of the said Petition.

He therefore prays, That your Majesty would be graciously pleased to call for the said Petition, and cause it to be Read; and that a short day may be appointed, that a fair Hearing may be 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 15th. 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.

I. 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 forth with sold his Interest for an inconsiderable Sum of Money.

[Page 7]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. Ʋtting'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.
[depiction of half-moon]
[Page 8]

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.
[Page]

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 [...]ay intercede in his Just Cause with Your Royal Majesty, and the Right [...]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.

[Page]

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 Ʋtting 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 withdra [...] ▪ 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 Birth­right, 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.

[Page]

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.

[Page]

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 Pray, &c. JAMES PERCY.

THis Petition was offer'd to His Majesty the 24th. of January 1680/1. and His Majesty was pleas'd to say, He would not receive it; But said, You may go where You please; Which Saying was taken for an Answer to that Petition pre­sented the 17 of January; Wherein it was to be understood, the Petitioner had prepared his Complaints for the House of Commons. (It is to be noted,) That the Gentlemen who attended the King, said, Yonder is the E. of Northumberland with a Petition; why should Your Majesty trouble Your self with it? had You not one the other day? reject it. I have found His Most Excellent Majesty hath been in­clinable to Justice all along, but still is obstructed by one means or other: But the plain Truth is, His Majesty would not be seen to give and ungive at his own pleasure, His Majesty being mistaken in his Guifts; Therefore was Graci­ously pleased the Lords should Hear and Determine the said Cause; And to that purpose, did come down to the Bar in the House of Lords to hear the Cause Himself; but was disappointed, (as by the Petitions and Affidavits appear.) But the said Cause having been continued a long time at such a vast Charge; and then to be slightly blown over without a fair Hearing, all the World much admires; For the clearing up of the Pedigree, would have confirm'd the Errors.

Therefore Your Petitioner Appeals to the Honourable House of Commons; And most Humbly and Earnestly prays your Assistance, to enquire the Reason why, and how the Writts of Errors came to be dismist; And that they may be Re-manded back, that a fair Hear­ing may be had according to the Prayer of the Petitions; Or that You will be pleased to cause the Heralds to enquire into the Truth of the Claimants Pedigree; And that He may be call'd from the Kings Bench Prison, to the House of Peers, to take the Place and Seat of his Ancestors, Earls of Northumberland.
And Your Petitioner shall ever Pray, &c. JAMES PERCY.
Right Honourable,

I Am your Cousin, (though a Prisoner) descended from the Body of Henry Percy 5th. Earl of Northumberland; By which Descent I am Cousin and next Heir-male to Josceline Percy your Father the hite and 11th. Earl of Northumber­land, Deceased. A Prison is a Grave for Men alive; But when Naboth was ston'd to death, then Ahab took possession of the Vinyard, 1 Kings 21.18. And walk­ing in the Garden among the Beds of Pleasure, then God sent his Prophet Elias, to tell Ahab of his Transgression, (notwithstanding he was a King.) Ezekiel 46.18. When Belshazzar wac quaffing in the Gold and Silver Vessels of the Temple, then ap­pear'd the Hand-writing upon the Wall, Dan. 5. When your late Husband the Lord Ogle went about to assume the name of Percy, and to have the Percies Lands settled upon him by Act of Parliament, then God call'd him to Accompt; Therefore let Your Ladiship do Justice speedily, and submit to Truth in Time, for fear God calls You to Accompt also. I believe Your Servants and Agents have rendred Me to You to be a Monster, and not a Man; Be not too subject to Believe Them, but see with your own Eys, and hear with your own Ears; and admit Me into Your presence, for I have somthing to offer that will add Fame to Your Honour, and Rank You with those Two Worthy Women of our Family, the Lady Agnes Percy, who preserved the Percies Name, and the Lady Lucy, that settled her Estate upon the Heirs Males of the Percies for ever; And for ever that Estate must attend the Title; And the Fines can never be recover'd but by the true Heir-Male of the Percies Mr. Gee can inform You (if he pleases,) how I was at Petworth in the Year 1654. And then, and there made my Claim as I do now; And before Mr. Clark's Tryal, Your Agents, with their Councel, would have own'd Me to be the next Heir, and would have assisted Me for the Title with their Books, Pedigree and Records: And also how I met with Mr. Champian and Mr. Gee at Doctor Lampley's House, and there made out my Pedigree clear, only I could not find out my Great Grand-fathers Name; First, it was a very hard Name; And Secondly, Mr. Champian kept it secret till he was forc'd to declare upon his Oath, that Sir Ingelram Percy was Married, and had Sons and Daughters, at Sir John Coppleston's Tryal for Cannington and Rodaway Lands in Somersetshire. Thirdly, The Heralds had altogether neglected the Collateral Line of the Percies. Now all my Aim is really to beget a right understanding, so that I may remain,

Your Ladiships Real, Cordial, and Faithful Kinsman, and most Humble Servant, JAMES PERCY.

What I have to declare to your Ladyship is not convenient to be committed to writing, but assure your self it really tends to your present Welfare, and future Peace and Prosperity.

An Answer will find me in the Kings-Bench-Rules, at the Written Table at Captain Dan­cer's House in Lombard-street, near the Bowling-green, in the Borough of Southwark.

This Letter was presented the day of the date hereof; and the Claymant hath printed it, that the world may see that a true Percy is not ashamed of his Innocent and Just Cause, nor affraid of his Potent Opponents; For he whom I trust in, is greater than they, 5 Eccles. ver. 8.

☞ NOw in these our days there is no Prophet God, Michaia, Elijah, nor Interpreters of Dreams, like Joseph and Daniel, that dares presume to speak to Kings as they did in those days.

Therefore James Percy, the true Heir male of the Percies, Earls of Northumberland, humbly makes bold with the Prophet Ezekiel, cap. 46. ver. 18. Moreover the Prince shall not take of the Peoples Inheritance by oppression, but he shall give his Sons Inheritance out of his own Possession, that my People be not scattered every man from his Possession.

[Page]The King's Most Excellent Majestie's Gracious 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 Maj [...]sty ordered Sir John Berkenhead (Master of Reequests then in w [...]iting▪ 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 n [...]t 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 [...] dernize the Claimant in his Proceedings, and to less than nine several Persons have stood up­on and been sh [...]ter'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 [...] 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. Bla [...]k­ston and Sir George Jeffreys at that Tryal, took Fees on both sides, so the Claymant James Percy was clearly bought and sold, and proved to his Damage 12000 l. Besides, it was the occasion of this his present Imprisonment, upon the Writs of Error that were so strangely dis­miss'd the House of Lords without any Hearing; notwithstanding the renewing and conti­nuing after every Prorogation, cost in all above 300 l. And now the Claymant James Percy hath used all ways and means possible, (as by his Petition and publick Prints appears) and cannot proceed further without the Assistance of the Honourable House of Commons. His Majesty is much troubled, and the Claymant really believes that His Majesty had a cordial Desire to hear and see the Cause determined, as by His coming up to the Bar of the House of Lords, that day the Hearing should have been had. Besides, His Majesty may perceive, I shall never leave my Claim, till Justice be done, by reason I now know it is my Right by Birth and Bloud, and that the sole power of creating and preserving Honour rests in His Royal Breast, as Flowers in the Crown: And by the Coronation Oath, the King cannot take Titles from one Peer, to give to another Peer. But as God hath in mercy restored His Majesty to His Crown and Kingdoms, even so ought the King in Justice to restore every Loyal Subject to the Birth-right, Title and Inheritance of his Ancestors. It was very hard at first for the Claymant to find out the Name of his great Grandfather, by reason he was in his Childhood brought up amongst his Mothers Relations; And in the troublesome times (he being a Roy­allist) was forced to abscond and travel for many years, [...] But the Adversaries did wildernize the Claymant, in hiding his great Grandfathers Christian Name from him: For Sir Ingelram Percy was the Claymant James Percie's Great Grandfather, and youngest Son of Henry Percy 5th. Earl of Northumberland; and this Collateral Line was never attain­ted; and therefore ought to be restored according to Henry Percy the 5th. Earls Patent, and not under the Patent of the New-Creation by Queen Mary for Thomas Percy, 2d. Son of the 5th. Earl, was attainted, but Sir Ingelram Percy 3d. Son was Innocent, and so hath his Issue con­tinued to this day: And therefore prays for speedy Justice: Justice removes oppression, Glori­fies God, Honours the King, Rejoyces the People, puts an end to your troubles, and ratifies Peace, for which the Petitioner prays.

For Henry Percy, 5th. Earl, Great Great Grandfather, had Sir Ingelram Percy, Great Grandfather, who had Henry Percy Grandfather, and he had Henry Percy Father of the Claymant. JAMES PERCY.

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