To His Grace, Henry, Duke of Norfolk, Earl Marshal of England Humbly presented. Percy, James, 1619-1690? 1686 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A54309 Wing P1460A ESTC R218909 99830460 99830460 34911 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54309) Transcribed from: (Early English Books Online ; image set 34911) Images scanned from microfilm: (Early English books, 1641-1700 ; 2074:02) To His Grace, Henry, Duke of Norfolk, Earl Marshal of England Humbly presented. Percy, James, 1619-1690? 1 sheet ([1] p.) s.n.], [London : 1686. Signed: James Percy. Caption title. Place of publication from Wing. Dated at end: 1686. Copy torn at foot, affecting text. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Percy, James, 1619-1690? -- Early works to 1800. Inheritance and succession -- England -- Early works to 1800. 2008-04 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion To His Grace , HENRY , Duke of Norfolk , Earl Marshal of England Humbly Presented . Great Sir , YEsterday , being the last of September , 1686. I Presented the following Brief to Sir Thomas , St. George 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 , Your Grace's most Humble Servant , James Percy . October the 1st . 1686. A short Account or Breviate of James Percy 's Proceedings ; Who immediately after the Death of Josceline Percy , Eleventh Earl of Northumberland , 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 . WHEN Josceline Percy died , May 21st . 1670. James Percy then entered his Claim , to be the next Heir-Male of that Family . 1. The aforesaid James Percy applied himself to Sir Edward Walker , then King at Arms , first , by Letters from Ireland ; secondly , in Person . The King 's Most Excellent Majesty , upon his Petition and Claim , was Graciously pleased to say , God forbid we should hinder an Heir-Male , and then did refer the Matter to Sir Edward aforesaid , and Sir John Berkinhead , then Master of Request in Waiting ; and they ordered the Claimant to bring his Council to them , who together advised him the said James to Claim under Sir Richard Percy , 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 . 2. At the Claimant's first appearance in England , he found that the Heralds Books had been borrowed , and that the Matches of the Percys had been rent out ; which Wildernized the Claimant , that he could not then find out his Great-Grandfather , Sir Ingelram Percy , by reason the Matches were not only rent out , but Sir Ingelram Percy , ( who was the true Father of those Children preserved in Hampires ) his Name was also blotted out . 3. But since , at several Tryals , he hath proved himself to be the Son of Henry Percy of Horton , who was the Son of Henry Percy of Pavenham , who was the Son of Sir Ingelram Percy , who was the Son of Henry Percy , Fifth Earl of Northumberland ; who was the Great-Great-Grandfather of James Percy , Claimant to the Earldom of Northumberland , with all the Honours Mannours , Preheminences , Priviledges , Percy 's Fee and Gaunt's Fee , which of right belong , and are annexed to the Title and Name of Percy , as by Records . 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 England Confirmed his Pedigree , and sent the Claimant back to the Court of Wards , who by an Inquisition , Post Mortem , put the Heir-Male immediately into Possession . 1. The King left the Claimant to the Parliament . 2. The Parliament left the Cause to the Law. 3. The Law left the Confirmation of the Pedigree to the Heralds . 4. When the Heralds call a Chapter , and Confirm the Pedigree , they will then put a stop to the Claimant's further Complaint . As King Charles the Second , the very day a month before he dy'd , and since King James the Second and Council have ordered the Cause to proceed to a speedy Issue ; to gratifie the Law , Equity and Possibilities , it is necessary the Pedigree should be Confirmed first by a speedy Chapter , for which the Claimant earnestly Prays . James Percy . blazon of Percy family THe Letter and Brief was returned by Mr. Negus , His Graces Secretary , with this short Answer ; said he , My Lord saith , he must have Directions from the Parliament , or from one of the Courts at Westminster-Hall . Therefore I humbly pray your Grace to Command me before a Chapter , where my Council shall make it appear as followeth . 1. By King Charles the Second in Council . 2. By King James the Second in Council . 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 Parliament , therefore the Pedigree ought to be Confirmed first , to fit them for an Inquiry or Inquisition Post Mortem . Printed 〈…〉 Chapter-Board on Thursday the Seventh of October . 1686.