To the High and Noble Prince, Henry, duke of Norfolk, earl marshal of England, in Court of Chivalry. The humble petition of James Percy, cozen and next heir male to Josceline Percy, late-earl of Northumberland, deceas'd, and claimant to the title, honour and dignity of earl of Northumberland ...

coat of arms with crescent

The Creſſant is the Percies Badge, to ſignifie they are Deſcended of Emperors.

This Coat of Arms, with the Pedigree, hath been Preſented to be Entred and Confirmed, but ſtill Refuſed. To the High and Noble Prince, Henry, Duke of Norfolk, Earl Marſhal of England, in Court of Chivalry. The Humble Petition of James Percy, Cozen and next Heir Male to Joſceline Percy, late-Earl of Northumberland, deceas'd, and Claimant to the Title, Honour and Dignity of Earl of Northumberland; SHEWETH,

THat Henry Percy, Fifth Earl of Northumberland, had Iſſue Three Sons, viz. Henry, Thomas, and Ingelram.

That Henry, the firſt Son, ſurviving his Father, became and was the Sixth Earl of Northumberland, but died without Iſſue.

That Thomas, the ſecond Son, had Iſſue Male, but all of them ſince dead. Nor is there any Iſſue Male living deſcended from the ſaid Thomas, the ſecond Son.

That Ingelram, the third Son, afterwards Sir Ingelram, had Iſſue Henry.

That Henry, the firſt Son of Ingelram, had Iſſue James, William, and Henry.

That James and William died without Iſſue Male.

That Henry, third Son of Henry, Grandſon of Sir Ingelram, had Iſſue Henry, and James, and Henry.

That Henry, the firſt Son of Henry, died Young. And your Petitioner is James, the ſecond Son of the ſaid Henry the Father, who was Great Grandſon of the ſaid Sir Ingelram Percy.

That the ſaid Joſceline Percy, the late Earl of Northumberland, died without Iſſue Male, and the Title, Dignity and Honor of Northumberland, is of Right deſcended to your Petitioner, as rightful Cozen, and next Heir Male of the ſaid Joſceline.

That by taking away of the Court of Wards, Inquiſitions post mortem, interrupting the execution of the Heralds Office in the Times of the late Rebellion, tearing the Matches of the Percies out of the Heralds Books; undue Practices, in order to the ſtifling the Petitioner's Pedigree, ſecreting ſeveral of the Heralds Books from the Petitioner; and the want of the Aid of this High and Noble Court, your Petitioner is unable to Prove his Juſt Claim and Title to the ſaid Earldom, in ſuch manner as the ſtrictneſs of the Law requires, in order to his obtaining the ſaid Title, Dignity and Honor of Earl of Northumberland, unleſs aided and aſſiſted by this High and Noble Court of Chivalry.

Your Petitioner therefore most humbly prays your Grace would be pleaſed to order the Heralds to produce and bring before Your Grace the Heralds Books and Records of Pedigrees, in order to the Clearing and Proving your Petitioner's ſaid Title and Claim; and to afford your Petitioner ſuch further Aid and Relief in the Premiſes, as to Your Grace, in Your Great Nobleneſs and Juſtice, ſhall ſeem meet. And your Petitioner ſhall ever Pray, &c.

James Percy. October 18. 1687.

I Do require the Officers of Arms to Search the Books and Records in the College of Arms, and certifie to me in Writing, the next Sitting of the Court, what they ſhall find touching the Petitioners Requeſt, and have ſuch Books ready to produce in Court.

Norfolk, Marſh. London, Octob. 19. 1687. WORTHY SIR,

I Deſire that you would be pleaſed to ſend me by this Bearer, a Copy of what is prepared at the Chapter on the 18th. Inſtant, in Anſwer to the Earl Marſhal's Order; to him who is ready to Pay the Fees belonging; and is reſolved, by God's Aſſiſtance, to remain a Friend to your Office and Officers, as Juſtice Commands and Requires,

James (of) Percy.

The Heralds Anſwer was, That the Claimant muſt pray a Copy in the High and Noble Court of Chivalry.

HIs Graces Order is very Good and Juſt, but it is to be feared there can be no full Proof made of the Petitioner's Pedigree, till theſe following Books be brought into Court alſo, to Compare with the Books of the Office; and Prays that His Grace will be pleaſed to Debate the whole Matter in that High and Noble Court of Chivalry; and then it will appear, that the Claimant Complains not of the Heralds Office, but of the Dutcheſs of Summerſets Agents, who Combined with Sir Edward Walker, King at Arms; which was the cauſe Juſtice was perverted near Eighteen Years. The Plaintiff, before he Fee'd his Proctor and Counſel, enquir'd of them if the Defendant, his Grace the Duke of Summerſet, or His Agents, had retained them: One ſaid, He had been ſpoke to by them; another ſaid, He was to go into the Country; and a third, He was fully Employ'd, but adviſed him to Plead in Court himſelf. I have retained Mr. Brown for my Proctor, and do moſt Humbly Pray that this High and Noble Court will be graciouſly pleaſed to appoint me ſuch an able Advocate as dares Plead for Juſtice.

And further Prays for a Copy of the Anſwer; and in the next Order, that His Grace the Duke of Summerſet would be pleaſed to order Mr. Henry Champion, whoſe Father did, in the Kings Bench Court, at a Tryal there, make Oath and Declare, That Sir Ingelram Percy was Married, and had Sons and Daughters. And one Book at Cambridge, ſaith, Sir Ingelram Percy was Married, and had. And that Record, and any other Record tending to the Pedigree of Percy, may be produced in Court, and the next Order may be drawn up anſwerable to theſe following Miniuts. Alſo the Pedigree may be Confirmed by Your Grace in this High and Noble Court of Chivalry, it being the Property belonging to that Noble Court only. Therefore all other Courts at Law and Equity, refuſes to Confirm the Pedigree, be the Proof never ſo Good.

Three Books in Keys College, which concern the Pedigree of the Percies, with other Books, were ſecretly ſent to Cambridge.

1. THe Book of Nobility.

2. A Parchment Book of Pedigrees.

3. A Bound Book of ſeveral Viſitations.

4. That Book where the Matches of the Percies were rent out, is in London, but muſt be Commanded.

5. Regiſter Books of ſeveral Counties and Towns.

6. Depoſitions in Chancery and Exchequer.

7. Warrants to Summons in Witneſſes, Viva voce.

8. That Sir Orlando Gee, Henry Champion, Eſq; may bring in their Books and Records that properly Proves the Pedigree (of) Percy.

9. That the Day of Hearing may be appointed.

All theſe are Humbly offered to Your Grace, by Directions of Counſel, to pray an Order accordingly.

☞ The Book Printed the 31ſt of Auguſt, 1687. declares, How the Honourable Judges of the Court of Common Pleas, adviſed the Plaintiff to apply himſelf to the other ſide, and that the Defendant, His Grace the Duke of Summerſet, if he pleaſed, might make his Propoſals in a Weeks time. But in lieu of Propoſals of Peace, you will find Impriſonments. Read the Book where is Five Letters writ by the Plaintiff to the Defendant, in Obedience to the Courts Direction: The firſt Letter to his Grace the Duke of Summerſet. The Second to the Right Honourable Hugh Lord Clifford. The Third to Sir Orlando Gee, Knight. The Fourth to Henry Champion Eſq; The Fifth to Edward Billingſley Eſq; But all ſilent, which forces the Plaintiff to pray for Juſtice. Juſtice Glorifies God, Dignifies the Crown, Satisfies all Loyal Subjects, Reſtores the Oppreſſed, and will Crown this High and Noble Court of Chivalry, with the Lawrel of Fame to Future Ages; it being a good ſtep to Glory, when Truth and Peace kiſs each other. As I have been always Loyal, and joyful to ſee the King's Reſtauration, even ſo he Prays for a fair and ſpeedy Hearing before your Grace, in that High and Noble Court of Chivalry.

And your Petitioner ſhall ever Pray, James (of) Percy.