To the KING'S most Excellent Majesty, the Right Honorable Lords, Spiritual and Temporal; and to the Noble and Worthy Commons of England, Assembled in Parliament.
THis out-side Sheet was really prepared to add to this Book, to undeceive King, Parliament, and People; and to unmask the cunning Contrivances of Politicians, who Published the Claymant, James Percy, in the Gazet, to be an Impostor; setting forth a Pedigree of the Claymant's younger Brother, Mr. William Percy; pretending to undeceive the People: But their real Design was, to wildernize the true Heir, and amuse the World. Notwithstanding, the Claymant hath at the last, proved himself the next Heir, as by a Judgment and Verdict; and recovered Cost, as by the Verdict exemplyfied under the Seal of his Majesty's Court of King's-Bench: And therefore, with Courage, and a clear Soul, demands the Place and Seat of his Ancestors, as the true Heir-Male of the Percies, and Earls of Northumberland. And therefore, the Lord Ogle (that Marryed the Lady Elizabeth Percy) ought not to Assume the Name of Percy, nor have any Settlement of the Lands, which attend the Title. For the Agents did put in a Bill to the Right Honorable Committee of the House of Lords, to be made an Act of Parliament, for the Settlement of the said Lands: And also, pretended to Indemnify the Trustees, But it is rather judg'd, the real Contrivance of the Trustees, was meerly to bring themselves off, from giving an Account of the main Profits, and the great Wasts, that have been Committed ever since the Death of Josceline, the late Earl of Northumberland; which on the Twenty-First of May next, will be Ten Years. Not many of the Persecutions have been of that long Continuance.
An Act of Parliament may be sooner stop't; but will be hard to Reverse, though never so Illegally obtain'd.
This first Sheet, added to this Book, contains the last Petition to the King, and a short Abstract of the several Tryals.
The Last Sheet was an Account to one, that desired to be satisfyed, by reason the Agents had mis-informed him: But now he is really Convinced.
The Second Sheet was likewise prepared for the last Session of Parliament, and sets forth the several Petitions, Reasons, and Transactions in the Late Parliament. Pag. 1, 2, & 13, 14.
The Three Sheets containing the middle of the Book, wherein he Petitioned the the House of Commons for their Aid; not any wayes intending to Relinquish his Right in the House of Peers.
A Narrative of the several Tryals and Proceedings in the King's-Bench, before my Lord Chief Justice Hayles, and the Lord Chief Justice Rainsford. Pag. 3.
The double Tryal, before the Lord Chief Justice Scroggs. Pag. 5.
A short Abstract of the Claymant's proceedings, ever since the Death of Josceline Percy, late and Eleventh Earl of Northumberland. Pag. 9.
The Pedigree of James Percy, which proves him to be Cousin, and next Heir-Male to Josceline, the late Earl, and Heir-Male of the Body of Henry Percy, the Fifth Earl of Northumberland; Descended from Sir Ingleram Percy, his Younger Son, who was Innocent, and his Issue remains untainted to this Day. Pag. 12.
THere was a Petition presented to the King and Council: But the Result of the Board was, The Cause lay not before them, but before the Parliament.
And the Kings most Gracious Answer to the Claimants first Petition, was, God forbid, we should hinder an Heir, but that he should have the Benefit of the Law.
And now, his Majesties further Gracious Answer is, to this Last following Petition, Presented into his Majesties sacred Hand, the 21st. of September, 1679. as Sir John Birkenhead did inform the Petitioner, this 24th. Instant.
1. As to the Writ of Summons, to Sit in the House of Peers, His Majesty replyes, He cannot Grant it; by reason the Cause had been before the House of Lords: And that it must be Determined by them, before his Majesty could Grant the said Writ of Summons.
2. As for that Act of Parliament, the Lord Ogle was indeavoring to obtain; His Majesty was further pleased to say, That they 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.
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, 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 Plaintaiff 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 Hundred 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.
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 Good, and prevent the Evils, to come.
AMEN.