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            <title>To His Grace, Henry, Duke of Norfolk, Earl Marshal of England Humbly presented.</title>
            <author>Percy, James, 1619-1690?</author>
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                  <note>Dated at end: 1686.</note>
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         <div type="legal_brief">
            <pb facs="tcp:34911:1" rendition="simple:additions"/>
            <!-- PDF PAGE 7 -->
            <head>To His Grace, <hi>HENRY,</hi> Duke of <hi>Norfolk,</hi> Earl Marſhal of <hi>England</hi> Humbly Preſented.</head>
            <div type="introductory_letter">
               <opener>
                  <salute>Great Sir,</salute>
               </opener>
               <p>YEſterday, being the laſt of <hi>September,</hi> 1686. I Preſented the following Brief to Sir <hi>Thomas,</hi> St. <hi>George</hi> Garter, King at Arms, and prayed Audience thereof; and he moderately directed me as he did once before that was, and is to pray your Grace's Order to them, and then I ſhould have Audience and ſpeedy Juſtice, for which I Pray and Remain,</p>
               <closer>
                  <signed>
                     <hi>Your Grace's moſt Humble Servant,</hi> James Percy.</signed> 
                  <dateline>
                     <date>October <hi>the</hi> 1ſt. <hi>1686.</hi>
                     </date>
                  </dateline>
               </closer>
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               <head>A ſhort Account or Breviate of <hi>James Percy's</hi> Proceedings; Who immediately after the Death of <hi>Joſceline Percy,</hi> Eleventh Earl of <hi>Northumberland,</hi> put in his Claim: Now this is prepared for Council, to Argue at a Chapter to the obtaining a Confirmation of this following Deſcent and Pedigree.</head>
               <p>WHEN <hi>Joſceline Percy</hi> died, <hi>May 21ſt.</hi> 1670. <hi>James Percy</hi> then entered his Claim, to be the next Heir-Male of that Family.</p>
               <p n="1">1. The aforeſaid <hi>James Percy</hi> applied himſelf to Sir <hi>Edward Walker,</hi> then King at <hi>Arms,</hi> firſt, by Letters from <hi>Ireland;</hi> ſecondly, in Perſon.</p>
               <p>The King's Moſt Excellent Majeſty, upon his Petition and Claim, was Graciouſly pleaſed to ſay, <hi>God forbid we ſhould hinder an Heir-Male,</hi> and then did refer the Matter to Sir <hi>Edward</hi> aforeſaid, and Sir <hi>John Berkinhead,</hi> then Maſter of <hi>Requeſt</hi> in Waiting; and they ordered the Claimant to bring his Council to them, who together adviſed him the ſaid <hi>James</hi> to Claim under Sir <hi>Richard Percy,</hi> and ſaid, If he was not the right, yet would it be a means to find out the right Great-Grandfather of the Claimant; and further directed him to Travel the Northern Circuit with the Judges, to find out Kindred.</p>
               <p n="2">2. At the Claimant's firſt appearance in <hi>England,</hi> he found that the Heralds Books had been borrowed, and that the Matches of the <hi>Percys</hi> had been rent out; which Wildernized the Claimant, that he could not then find out his Great-Grandfather, Sir <hi>Ingelram Percy,</hi> by reaſon the Matches were not only rent out, but Sir <hi>Ingelram Percy,</hi> (who was the true Father of thoſe Children preſerved in Hampires) his Name was alſo blotted out.</p>
               <p n="3">3. But ſince, at ſeveral Tryals, he hath proved himſelf to be the Son of <hi>Henry Percy</hi> of <hi>Horton,</hi> who was the Son of <hi>Henry Percy</hi> of <hi>Pavenham,</hi> who was the Son of Sir <hi>Ingelram Percy,</hi> who was the Son of <hi>Henry Percy,</hi> Fifth Earl of <hi>Northumberland;</hi> who was the Great-Great-Grandfather of <hi>James Percy,</hi> Claimant to the Earldom of <hi>Northumberland,</hi> with all the Honours Mannours, Preheminences, Priviledges, <hi>Percy's</hi> Fee and <hi>Gaunt's</hi> Fee, which of right belong, and are annexed to the Title and Name of <hi>Percy,</hi> as by Records.</p>
               <p n="4">4. Now after above ſixteen years Pains, Labour, and vaſt Coſts of Suits at Law; and finding the Law will not Confirm Pedigrees, by reaſon it is the proper work of the Heralds, when the Court of Wards was in-Power; and when an Heir-Male Claimed, he was ſent forthwith to the Heralds Office; and when the Heralds had found out the Pedigree, then the Earl Marſhal of <hi>England</hi> Confirmed his Pedigree, and ſent the Claimant back to the Court of Wards, who by an Inquiſition, <hi>Poſt Mortem,</hi> put the Heir-Male immediately into Poſſeſſion.</p>
               <list>
                  <item>1. The King left the Claimant to the Parliament.</item>
                  <item>2. The Parliament left the Cauſe to the Law.</item>
                  <item>3. The Law left the Confirmation of the Pedigree to the Heralds.</item>
                  <item>4. When the Heralds call a Chapter, and Confirm the Pedigree, they will then put a ſtop to the Claimant's further Complaint.</item>
               </list>
               <p>As King <hi>Charles</hi> the Second, the very day a month before he dy'd, and ſince King <hi>James</hi> the Second and Council have ordered the Cauſe to proceed to a ſpeedy Iſſue; to gratifie the Law, Equity and Poſſibi<g ref="char:EOLhyphen"/>lities, it is neceſſary the Pedigree ſhould be Confirmed firſt by a ſpeedy Chapter, for which the Claimant earneſtly Prays.</p>
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                  <signed>
                     <hi>James Percy.</hi>
                     <figure>
                        <figDesc>blazon of Percy family</figDesc>
                     </figure>
                  </signed>
               </closer>
               <argument>
                  <p>THe Letter and Brief was returned by Mr. <hi>Negus,</hi> His Graces Secretary, with this ſhort Anſwer; ſaid he, <hi>My Lord ſaith, he muſt have Directions from the Parliament, or from one of the Courts at</hi> Weſtminſter-Hall. Therefore I humbly pray your Grace to Command me before a Chapter, where my Council ſhall make it appear as followeth.</p>
                  <list>
                     <item>1. By King <hi>Charles</hi> the Second in Council.</item>
                     <item>2. By King <hi>James</hi> the Second in Council.</item>
                     <item>3. The four Courts have Directed, and will not preſume to take upon them to Confirm Pedigrees, becauſe it is the Heralds Property: Notwithſtanding Books of Heraldry are no Records, yet Law and Equity requires the aſſiſtance of Pedigrees before they will Inquire. And the Cauſe is now before the Parlia<g ref="char:EOLhyphen"/>ment, therefore the Pedigree ought to be Confirmed firſt, to fit them for an Inquiry or Inquiſition <hi>Poſt Mortem.</hi>
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                  <desc>〈…〉</desc>
               </gap> Chapter-Board on <hi>Thurſday</hi> the Seventh of <hi>October.</hi> 1686.</p>
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