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I Do hereby Order and Appoint that the Officers of Arms do, at the
Arms, Search what they have (if any thing) relating to
James Percy, and Certifie to me what they ſhall find touching this Matter.
October, 1686.
AS I have obtained the Earl Marſhal's Order for a Chapter, which will be on Thurſday next, as I am informed; therefore I humbly pray your Order of Summons in time, to attend the Chapter with my Witneſſes and Proofs, to him who ſhall ever Pray and Act for Juſtice.
In Anſwer to this, they ſay, There will not ſo many Meet as will make a Chapter; which Notice is no way anſwerable to the Earl Marſhal's Order to Them, nor Juſtice to Me, who have been kept out of my Juſt Right Seventeen Years come May next, by Priviledge an
Now here lies my Cauſe; The Regiſter Books of ſeveral Counties are here with me; and when my Tryal is over, the Witneſſes will be gone, and muſt take the Regiſters of their ſeve
SIR Thomas Stringer preſents his Service to your Grace, who, by reaſon of the Gout, cannot writ upon your Grace; therefore he hath directed me to declare the Matter of my ſelf: I wait for Admittance and pray Audience, that I may Remain, Your Grace's moſt Humble Servant,
Finding the Earl Marſhal to be gone into Norfolk, therefore I find I cannot expect a Chapter before the Tryal; and that the Gentlemen at the Chapter Board may inform themſelves at my Tryal, the 4th. day of the Term, the 26th. Inſtant, I Subpaena them, that they may be able to give His Grace an Account, according to His Warrant directed to them.
Sir Thomas St. George, Garter, King at Arms, Subpaena'd.
Sir John Dugdale, Norroy, the Subpaena with a Shilling left upon the Chapter Board for him.
The 20th. Inſtant, I preſented my ſelf, with my Witneſſes and ſeveral Regiſters, which they would not read, nor admit to come in; therefore the Heralds and their Books ought to be the more ſtrictly inquired into, and when the Short Pedigree is fully Proved, then the Great Pedigree ought to be Confirmed accordingly; therefore pray the Order of Court to His Grace, the Duke of Norfolk, Earl Marſhal of England, to Confirm the Pedigree of
On the 26th. Inſtant, the Tryal was put off till the 4th. of November, 1686, by reaſon the Witneſſes at Perworth, the Heralds Books at Cambridge, and other Witneſſes, did not appear. The Defendant's Council did inſiſt upon the Miſclaiming under Sir Richard Percy, which Errour is owned by the Claimant: But the Heralds Books, and Heneſt Witneſſes will remove that Scandal, ſo as the Plantiff's Pedigree will be proved clear from all Attainders, and to remain a Loyal Subject till Death.
AT a Chapter held in the Colledge of Arms, it was there found, That Sir Ingelram Percy was the Youngeſt Son of Henry Percy, Fifth Earl of Northumberland; and that Sir Ingelram's. Siſter, Margaret Percy, was Married to Henry, Lord Clifford, the Firſt Earl of Cumberland.
Then the Claimant offered to prove up to Sir Ingelram Percy, who had Henry Percy, who had Henry, who had James Percy the Claimant, by Regiſter Books and Witneſſes then attending upon the Chapter-Board.
But Sir Thomas St. George, Garter, King at Arms, ſtood up and ſaid, That they had no power to adminiſter an Oath to any Witneſſes at all, for that the Earl Marſhal's Order was only to ſearch for what they could find in the Heralds Office: Therefore what was Propoſed, muſt be Proved at the Tryal at Law.
It is the Opinion of Council, that the Claimant ſhould have a true Copy of the Account returned to his Grace the Duke of Norfolk, Earl Marſhal of England, that thoſe Honourable Judges at the Tryal, may be throughly inform'd with the Truth of the Matter.
THE Fourth of November, 1686. the Tryal was had before Sir Henry Bedingfield, Lord Chief Juſtice of the Common Pleas; where it was moved, That the Plaintiffs Pedigree might be Proved, by reaſon Sir Thomas St. George, Garter, King at Arms, and Sir Henry, his Brother, Clarenceux, were preſent, to hear the Colateral Line Proved by Witneſſes and Regiſter-Books, ſo as they might then have the Truth to inform the Earl Marſhal of England what was found at the Law, as well as what was found in the Heralds Office. By which Anſwer to His Grace's Order, the Pedigree might have been Confirmed by a Chapter; but the Opinion of the Court, was, That the Settlement of the Lands muſt be Proved firſt; at which the Plaintiff replied, What ſignifies the Lands, if I Prove not my Pedigree: Then did the Plaintiff preſent his Records to Prove to that Effect, but the Councils would not offer them to be read, but pretended they was not prepared, which cauſed a Non-ſuit.
Nevertheleſs, Petworth is the Ancients Seat belonging to the Percys; for that Eſtate is ſettled upon the Name of Percy, as Arundel is upon the Name of Howard.
As the Council kept back the Record, which loſt the Tryal in October, 1681. ſo the Councils not putting forward the Record, cauſed the Non-ſuit.
The 90 Coſts, ſo unduely got out of the Court by the Defendants, ought to be
Therefore the Plaintiff humbly and earneſtly prays, that His Grace, the Duke of Norfolk, Earl Marſhal of England, will be pleaſed to give His further Direction to His former Order, that the Chapter may inviva voce.
☞ Whereas there is three Records loſt: Firſt, The Reſtitution of Thomas of Percy, Seventh Earl of Northumberland. Secondly, A CreaNorthumberland.
Pray deliver them to Mr. Hayles, the Plaintiffs Attourney.