THE CASE OF JAMES PERCY, The true Heir-Male and Claimant to the Earldom of Northumberland,  

To the Honourable Knights, Citizens, and Burgesses; And to the Committee of Grievances, in PARLIAMENT Assembled.  
The Humble Petition of JAMES PERCY, Cousin and next Heir-Male to JOSCELIN PERCY, the late and Eleventh EARL of NORTHUMBERLAND, Deceased.  
SHOWETHS,  
THAT your Petitioner was the Son of Henry Percy, who was the Son of Henry Percy, who was the Son of Sir Ingleram Percy, who was the third Son of Henry Percy, Fifth Earl of Northumberland: By which Descent your Petitioner is Entitled to the Earldom of Northumberland, and to several Baronies, Honours, Manors and Lands, which to the Earldom and Baronies have been and still are annexed; your Petitioner having proved his Pedigree, questions not but by your Assistance to make appear they are, or should be his Right, and Just Inheritance, as Cousin and Heir-Male to Joscelin late Earl : And therefore ought to fit in Parliament, and enjoy the Place, Seat and Pre-eminence of his Ancestors, with the Dignities to him so descended, and do of Right belong: And therefore prays his Bill may be be made an Act to settle the Title and Estate together again, that Property and Right may be had according to Justice.  
That at his first coming to Claim, your Petitioner petitioned the Kings most Excellent Majesty, who was graciously pleased to say, God forbidden We should hinder an Heir, but that he should have the benefit of the Law.  
That your Petitioner applied himself to the Lords in Parliament, where he than could not prove his Great Grandfather, which forced his Council to tell their Lordships, That the Claimants 'Cause lay not before them, but aught to be Tried at the Common Law first; and when the Cause had went through the Inferior Courts to prove his Pedigree, and if the Law could not end it, than the Cause ought to come before their Lordships again, to Hear, Debate, and to Determine. And at that time his potent Adversaries did publish in the Gazette, that your Petitioner was an Impostor; and at their Courts did declare to all the Tenants, that the Claimants name was not Percy, but that he was a Bastard; and that Henry Percy whom he declared was his Father, they could prove was never Married: Yet they have made all the Waste imaginable, cutting down Woods, pulling down Castles, over-working of Lead-Mines and Coal-Mines; and not only so, but it cast the Petitioner out of Favour in the World, that His most Excellent Majesty was pleased to give the Title one way, and the Land several ways; which hath not only multiplied Enemies, but by their Power, Policy and Privilege, hath put off your Petitioner near Eleven Years.  
Therefore your Petitioner renders this following Account, that his Just Cause may be known, what hard usage he hath found at Law. That the first Trial was in the year 1674. against Mr. John Clerk, the chief Agent, for scandalous words, who sheltered under Privilege a long time; and before the Trial, they offered to Own him, and to assist the Claimant James Percy with their Books, Pedigree and Records, but would not be bound to perform: Then the Plaintiff perceived it to be a baffle for a longer delay, and there were no good Faith in them; then said the Plaintiff, Currat Lex, I will have the Trial if it be but to wash the dirt off, which the Gazette and your evil practices have thrown upon me: And at the Trial, the Attorney would suffer a Nonsuit, without the consent of his Client; at which the Lord Chief Justice Hales seemed not to be satisfied, but stood up and said, That James Percy the Claimant and Plaintiff, had proved himself a true Percy, legitimate by Father and Mother, Grandfather and Grandmother, and of the Blood and Family of the Percies of Northumberland; and did verily believe, that the Plaintiff was Cousin and next Heir-Male to Joscelin the late and 11th Earl of Northumberland, only he was afraid he had taken his Descent a little too low: And the Jury at a Treat which Mr. Clerk the Defendant gave them, said to Mr. Clerk, You are beholden to Mr. Percy for suffering a Nonsuit, for truly we must have given a Verdict for the Plaintiff, his Cause was proved so clear: and the Damages was laid in the Declaration 10000 l.  
The second Trial was upon an Ejectment for Cannington and Rodoway Lands in Somersetshire, which Lands of right fell to the Heirs-Males of the Percies, after the Heirs-Males of the Rogers was extinct: Doubtless it was by misinformation his Majesty was mistaken in his Gifts: And at that Trial the Pedigree was fully proved up to the Plaintiffs Great-Grandfather Sir Ingleram Percy, youngest Son of Henry Percy 5th. Earl of Northumberland, by the Oath of Mr. Henry Champion, who was Steward to the Earls of Northumberland, and declared at that Trial, that he found in the Books and Records of the Percies, that Sir Ingleram Percy was married, and had Sons and Daughters: so that a Verdict ought to have been had for the Plaintiffs Pedigree at that Trial also. And Sir John Coppleston did not only shelter under Privilege, but when the Writs of Error were put into the House of Lords, he then sued the Plaintiff in the Court of Kings-Bench, and got Cost, and broke the Privilege of Parliament.  
The third Trial was against one Mr. Wright, for the like scandalous words, where your Petitioner proved his Legitimacy again, and not the Tithe of his Witnesses were examined; for the Lord Chief Justice Rainsford stood up and said, Gentlemen of the Jury, we need not trouble the Court to examine more of the Plaintiffs Witnesses, by reason his Pedigree was fully proved before, at a former Trial at the Bar of this Court: And when the Jury brought in but 300 l. Damages, the Lord Chief Justice was angry, and told them they had undervalved the Plaintiffs Cause; (the Judgement exemplified under the Seal of the Court, makes appear the same.)  
That the fourth Trial against John Blakeston Esq who was likewise an Agent for the Lady Elizabeth Percy, and kept her Courts, and did declare the like scandalous words, and gave it in all his Charges to the Jury and Tenants, to take special notice thereof: And at the Trial on Monday the 11th of November 1678. the words were proved. The Declaration was allowed, after some debate upon a nice word, which was amended: But the Council for the Defendant started up an Attainder in the Case, which the Plaintiffs Council was not prepared at that time to remove that Objection, but the Trial was put by at that time, and the Jury was withdrawn, as the Plaintiffs printed Book declares more at large. But the second part of that Trial was upon the 6th of February 1678. a new Jury upon the motion of the Defendants Council did appear, and the Plaintiffs Council did clear that point concerning the Attainder, by reason the Plaintiffs Council made appear to the Court, that James Percy was descended from the Body of Henry Percy, 5 th'. Earl of Northumberland, of Sir Ingleram Percy his youngest Son, and that the Collateral Line was never Attainted; and therefore aught to enjoy the Title and Estate of his Ancestors Earls of Northumberland. Then the Defendants Council and the Court did own the Plaintiffs Title and Pedigree, but said there was no Lands to support the Title: then the Plaintiff prayed, that the Court would confirm what they owned by a Rule in Court; whereupon the Lord Chief Justice Scrogs stood up and said, Confirm or not-confirm, the Declaration is naught, discharge Blakeston from the Suit of Percy; notwithstanding the vast Charge the Plaintiff had been put to, by the Defendants sheltering under the signior Countess of Northumberlands Privileges: And when the Duke of Monmouth had set aside her Privileges, than he sheltered himself under the Lord of Essex his Privilege. And when the Plaintiff had made his complaint to the House of Lords, the Lord of Essex did agree with the Plaintiffs Council, that if Mr. Clerk's Cost was laid down in Court for his security, the Defendant Mr. Blakeston should not stand upon Privilege, but go on to Trial: Then the Lord Chief Justice Scrogs stood up and said, Mr. Percy, if you will lay down the 90 l. Mr. Clerk's Cost in Court, the Lord of Essex will not insist upon Privilege, and we do promise you shall have a fair Trial: Whereupon the Money was tendered accordingly, and the 90 l. was got out of Court before he had notice by his Attorney Mr. Hancock, or before the Trial was ended. And in truth the 90 l. the Opponents ought not to have had, by reason the 90 l. Cost aught to have been set aside upon their own Demurrer. Moreover it is to be noted, that Sir George Jeffreys was Council for the Plaintiff at the fore part of the Trial, and had taken 40 s. a Retaining Fee, and 3 l. a Pleading Fee, and had the Petitioner's Breviate; but at the latter part of his Trial, pleaded against the Petitioner, notwithstanding the Plaintiff tendered him new Fees, and complained of him in Court. All which caused the Plaintiff to Appeal to the Parliament by two Writs of Error, to have the Errors argued, and his Title to be brought to an Issue, to be called to the Place and Seat of his Ancestors, according to his Birthright.  
That the Kings most Excellent Majesty hath been graciously pleased to refer your Petitioner to the Lords in Parliament, to hear and determine his said Cause; and to that purpose, he hath been at vast Charges in renewing his two Writs of Error, after every Prorogation; and his Attorney hath received 60 l. only for the King's hand, besides all other Charges which far exceeded. And his said Attorney did promise your Petitioner, to get all his Breviates in a readiness against the Trial, but did altogether fail, as the printed Petition hereunto annexed makes appear. Moreover he told your Petitioner sometime before, that he could have had a hundred Goineys to betray your Petitioner; and some other of your Petitioners Council have been tempted with Bribes, but they were so Just as to refuse.  
And now the Agents have surprised your Petitioner, for they knew the Error must have been proved against the Plaintiff Mr. Blakeston; so that they would not take their Cost for that days disappointment, according to the prayer of the printed Petition, but have obtained the Writ of Error to be dismissed the Lords House, without any fair Hearing: so that all they have done, and do, is by way of surprisal, to tyre the Claimant out of his just Right.  
He therefore most humbly beseeches the Honourable House of Commons, as he is yet but a Commoner, that for the Glory of God, the Honour of our King and Kingdom, to stand up for Justice, so that Property and Right may be preserved, and the Oppressed may be relieved, for this is the 11 th'. year of your Petitioners Claim: And intercede with the Kings most Excellent Majesty, and the Right Honourable Lords Spiritual and Temporal, not to suffer a Loyal Subject to be overpowered, but that his just Claim may be heard with patience, and determined in Justice; and that your Petitioners Bill may be made an Act, to restore the true Heir to his Birthright, and that the Title and the Estate that is now dispersed into several hands, may be forthwith settled by an Act of Parliament.  
And he shall ever pray.  
Near 300 l. the two Writs of Error have cost, for putting into Parliament, continuing and renewing after every Prorogation, and now they have Execution upon Blakeston's Writ of Error, before the Case is heard.  
The Attorney-General said, Mr. Percy, Now you have not where to Appeal but to Heaven: But if Justice be not done on Earth, we may fear God's Vengeance will come from Heaven: Therefore the Petitioner is forced to Appeal to those Worthies in the House of Commons for Justice, and therefore he hath annexed the printed Petitions.   

To the KING'S most Excellent Majesty; And to the Right Honourable Lords Spiritual and Temporal in PARLIAMENT Assembled.  
The Humble Petition of JAMES PERCY.  
SHOWETHS,  
THat after your Petitioner's Complaint against his Attorneys, James Hooton, Edward Fyfield, and John Hancock; Mr. James Hooton, one of your Petitioner's Attorneys, understanding the Complaints against him, sent the Writings by his Man, which came too late; out of which Papers his Breviates ought to have been drawn, which doth testify the Truth of your Petitioner's Complaint, and what he offered to confirm upon Oath before your Lordships.  
Therefore your Petitioner most Humbly prays, That the two Writs of Error may be continued between Percy Plaintiff, and Blakeston Defendant, and Utting Plaintiff, and Coppleston Defendant; and that his Council that he hath Retained formerly, may be allowed your Petitioner to argue the said Cause: that is to say, Sir William Jones, Sergeant Pemberton, and Sergeant Simpson, and that a new day may be ordered now his Witnesses are in Town, and desires no longer time than his Council may well consider: And further prays, That a moderate Costs may be taxed, upon account of the Attorneys Negligence.  
And your Petitioner shall ever pray, etc. JAMES PERCY.  
It is hoped, that the Neglect of the Attorneys shall not destroy a man's Birthright, Title and Inheritance.  
Your Petitioner's Cause being before your Lordships to hear and determine, therefore humbly prays, that a new day may be Ordered, before his Witnesses be dispersed.   

To the KING'S most Excellent Majesty, in PARLIAMENT.  
The Humble Petition of JAMES PERCY.  
SHOWETHS,  
THat this annexed Petition, fairly writ, was presented at the Bar of the Lords House the 10 th'. Instant.  
That your Petitioner is at a vast Charge in keeping his Witnesses in Town, waiting for an Order, and a Day appointed, according to the prayer of the said Petition.  
He therefore prays, That your Majesty would be graciously pleased to call for the said Petition, and cause it to be Read; and that a short day may be appointed, that a fair Hearing may be had, to find out the Truth, and that Justice may be done accordingly: And let it not be said in England, that the Innocent are punished, and the Guilty go free: But call to mind how merciful God hath been, in Restrring your Majesty; Even so in pity Restore your poor distressed Subject.  
And he shall ever pray, etc. JAMES PERCY.  
This Petition was presented into his Majesty's Sacred Hand, the 15 th'. of December 1680.  
To lose such an Opportunity as offered on Thursday last, and now to trouble so good a King so oft, doubles your Petitioner's sorrows.  
And that which adds to your Petitioner's misery, is, that he cannot dispose of his Witnesses, till a positive Order be had; for which he humbly prays.   

Note these three following Precedents.  
1. THe Lord of Newport begged the Percies Land of the King, for the Duke of Monmouth, when the Duke was in France: but at the Duke's return, Percy the Claimant waited upon the Duke, to know his pleasure; and told him, That my Solicitor had betrayed me, for the Percies Lands were begged without the Claimant's consent or knowledge. Then the Duke replied, Mr. Percy, you shall have a fair Trial at Law: And moreover he did promise he would not stand upon Privilege: but when Percy was ready for a Trial, then Trumpt up Privilege. And Mr. Ross the Duke's Agent said, the Duke could not set aside his Privilege: But the Duke said, if Percy proves himself Heir, I have no Right; and forthwith sold his Interest for an inconsiderable Sum of Money.  
II. The Lord Ogle, that married the Lady Elizabeth Percy, would have assumed the name of Percy; and put in a Bill to be made an Act to settle the Lands upon him by Act of Parliament.  
III. And it is reported that the Lord of Essex desired that some of those Lands might be settled upon him by Act of Parliament.  
By this account the Lands are yet unsettled: Ergo then great reason it is, that the true Heir-Male of the Percies Bill should be made an Act of Parliament, to settle the Name, Title and Estate together again, according to the first settlement confirmed by his Ancestors.  
Now your poor distressed and oppressed Petitioner humbly and freely offers, for the obtaining of Justice, and for the full satisfaction to the Kings most Excellent Majesty, and the Right Honourable Lords Spiritual and Temporal, and those Honourable and Worthy Members of the House of Commons in Parliament assembled, (if it be required and thought convenient, he being very unwilling to offer any thing that might give the least offence, but rather submit to their grave and mature Wisdoms) these Proposals following.  
James Percy the Claimant and Plaintiff, will pay into the hands of any trusties that shall be appointed to receive the Money in Trust for Mr. John Blakeston's Costs, provided he likewise lay down the 90 l. taken by surprise out of Court before the Trial was ended.  
And Mr. Vtting's Cost likewise shall be paid, for what Sir John Coppleston claims; provided likewise that Sir John Coppleston pay the 10 l. down, which he got when he ventured the Breach of Privilege of Parliament: provided the whole Merits of the Cause may have a fair Hearing and Determination before the Lords: And if the Plaintiff and Claimant James Percy, doth not prove himself to be the right true and next Heir-Male in Blood of the Percies of Northumberland, then let them take all the Money, and the Plaintiff will freely acquit his Claim for ever, and remain till death a Loyal Subject, and James Percy.  
Although his Witnesses be dispersed, a Weeks time will bring them to Town again, upon the sight of an Order.  
For the Claimant James Percy (by Birth) ought to enjoy the Place, Seat and Privilege of his Ancestors, Earls of Northumberland; but now he dares not appear, till an Order be had.  
Therefore he most humbly prays, That a fair Hearing may be had, and that a true decision of his just Cause and Claim may be made, according to Justice: so that the Innocent may be preserved, and that the fraudulent practices not just may march off with shame: For Heroic Actions glorifies God, Honours the King, and makes all the people shout for joy.  
God hath been pleased to make a true decision himself, which may be a precedent; for he sent the Claimant from his Mother's Womb with a Crescent into the World, which is God's Ensign of Truth, and the very Badge belonging to the Percies Earls of Northumberland. In witness to this Truth, I have set to my Hand and Seal, this 3d. of January, 1680/1.  
JAMES PERCY.   

To the KING'S most Excellent Majesty, The Humble Petition of JAMES PERCY.  
SHOWETHS,  
THat it is a great grief to your Petitioner's Soul, to trouble your Sacred Majesty so often, in looking after his Just Right; yet cannot help it by reason his Opponents are of so great Power, Policy and Force.  
That notwithstanding his Petition to the Right Honourable House of Lords, presented the day after his Hearing should have been had, the Opponents got that Writ of Error dismissed the House, well knowing the Errors would have been confirmed against them.  
That thereby they have an opportunity to take out Execution against your Petitioner, and so to stop his further public appearing.  
That if that Writ be not recalled into the Lord's House again, your Petitioner can in no wise expect a fair Hearing, nor a just decision of his Cause.  
Therefore your oppressed Petitioner most humbly prays, That your Majesty would be graciously pleased to see Justice done herein, and that a new Day may be appointed, according to the Prayer of that Petition that is now before the House of Lords; or that your Sacred Majesty will be graciously pleased to call your Loyal Subject, by your Royal Writ of Summons, to take the Place and Seat of his Ancestors, Earls of Northumberland, he having proved his legitimate Descent and Pedigree at several Trials at Law.  
 
This Petition was presented into his Sacred Majesty's hand Jan. 3. 1681.  
All great and dubious matters the Children of Israel presented and laid open before Moses: Even so the Claimant hath done to his Majesty all along, knowing that in the King solely lies the creation and preservation of Honour and Nobility.  
But the King referred the Cause to the Lords to hear and determine; and now the two Writs of Error are dismissed the Lords House, without hearing the said Cause.  
Now the Claimant James Percy finding himself overpowered, is forced to Appeal, and humbly prays for Justice: As Prerogative belongs to the King, so Property and Right belongs to his People.  
FINIS.   

To the KING'S Most Excellent Majesty; The Humble Petition of JAMES PERCY.  
SHOWETHS,  
THat Your Petitioner most Humbly Beseecheth, and Earnestly Prayeth Your Majesty's Pardon, for that Omission on the Ninth of December last, which was in truth altogether the Neglect of his Attorney, as his Printed Petition sets forth.  
That Your Petitioner Humbly presents these two Books, that your Most Excellent Majesty may see the real endeavours of Your Petitioner; and the first Book was Prepared for the Right Honourable Lords Spiritual and Temporal, to inform their Lordships: And the second Book is prepared to make his Complaints known to the House of Commons; so that They may Intercede in his Just Cause with Your Royal Majesty, and the Right Honourable Lords in Parliament.  
Therefore Your Majesty's Loyal Subject and Petitioner most Humbly Prays, That Your Royal Majesty will be Graciously pleased, Patiently to Read, and Seriously consider the Printed Complaints, and do Your Poor distressed Petitioner Justice, in restoring him by Your own Princely Power, Prerogative, and Clemency: He having at Law, fully proved his Pedigree: And therefore hath prepared a Bill, that it may be made an Act of Parliament, and most Humbly Prays Your Majesty's Royal Assent thereunto. And that Your Majesty's Royal Writ of Summons may forthwith call Your Loyal Subject, from the House of Prison, to the House of Peers: And there to take the Place and Seat of his Ancestors, Earls of Northumberland.  
When King Pharaoh took Joseph out of the Dungeon, Then God filled Pharao's Barns with his Blessings. To which God Annex long Life, and a Prosperous Reign.  
And Your Petitioner shall Pray, JAMES PERCY.  
This Petition was presented into his Sacred Majesty's Hand Jan. the 17th. 1681. And did endeavour to present the two Books mentioned in the Petition; But a Gentleman stepping betwixt the King and myself, pushed me away; so that I could not Present the Complaint prepared for the House of Lords, against the day of Hearing: Nor this Complaint which is prepared for the House of Commons, (my Opponants are great and Numerous,) which forces the Claimant to Pray for Justice.   

An Affidavit made by JAMES PERCY, Claimant to the Earldom of NORTHUMBERLAND.  
WHereas Mr. James Hooton, did undertake the Carrying in two Writs of Error in Parliament, between James Percy Plaintiff, and John Blackeston, Esq Defendant, for Scandalous Words, and in Ejectments for Lands, Robert Vtting Gent. Lessee of the Plaintiff, and Sir John Copleston Defendant; And the aforesaid Mr. Hooton did receive Writings of Percy the Claimant long before the day of Hearing before the Lords; And did promise to fix all the Claimants Breviates, so as they might be ready for some Lords, and for the Council: But when the Claimant should have been prepared for his Counsel, than Mr. Hooton could not be found till the very Morning the Hearing should have been had; then he meeting the Deponent James Percy, at Fetter-lane-end in Fleetstreet, and said whither are you going? Percy told him, I am a going to make my Complaint against You, for keeping my Writings, and not making my Breviates ready for my Council: And when James Percy had made his complaint in Parliament, and offered to make Oath before their Lordships to Confirm the truth: And when the Lords Commanded to withdraw, than Mr. James Hootons' Man came into the Lobby, and there delivered the Writings to the Deponent, upon the 9th. of December 1678. Moreover the said Hooton, said some time before, that he was offered a Hundred Guinneys to betray the said Deponents Case.  
And on the 7th. of January 1681. The said Hooton came to the Deponants Chamber, and desired to see those Writings that belonged to those Writs of Errors, and did Writ something out of them; saying, He had not kept a Copy of them, which he ought to have done; but said He had enough now to do his business: and further said, there was one sheet wanting: Which shows how careful he was of his Claimants Cause; And yet threatens he will Sue the Claimant for Defaming him in his Practice.  
JAMES PERCY. Jur ' 18. die January 1680. coram me Magistro Canc ' John Hoskyns.  
The Deponant Humbly Prays for speedy Justice, and that he may be forthwith called from the Prison of Kings-Bench, into Parliament, to take the Place of his Ancestors, Earls of Northumberland, according to his Birthright, and that the two Writs of Error, may be Re-manded back, and the Execution stopped. For his Witnesses continue still in Town: Hoping by your Mature Wisdoms, to obtain an Order for a new day of Hearing; for which he Prays, as by his Petition all along appears.   

An Affidavit made by JAMES PERCY Claimant to the Earldom of NORTHUMBERLAND.  
WHereas Adlard Welby Gent. is Attourny for John Blackston Esq Def. this Deponent James Percy on the 21 h. instant, went to Mr. Welby, and offered an Agreement: And whereas Cost of 70 odd l. is demanded of me the Plaintif, the Deponent demanded 90 l. which was but tendered into Court upon my Lord Chief Justice Scrogs' promise that the Lord of Essex would not insist upon Privilege, and that the Deponent JAMES PERCY should have a fair Trial: the Money was not intended for the L. of Essex really, but it ought to have been remanded back again to the Plaintiff JAMES PERCY; for that 90 l. costs pretended for Mr. Clark, was Sued for by Capt. Biggerstaff that married the Relict of Mr. Clark; And that 90 l. Costs aught to have been set aside upon their own Demurrer; therefore Mr. Welby Replied, I must complain in Court: The Writs of Error ought to have been heard, debated, and determined by the Right Honourable Lords in Parliament; But it was blown over, as by the Printed Complaint, (prepared to present to the Honourable House of Commons appears) But it is hoped the Writs of Error may be Re-manded back into Parliament, to have a fair Hearing: Or if the Plaintiff and Deponent be forced to pay the 70 odd Pounds Cost; then the 90 l. aught to be Refunded to the Deponent,  
JAMES PERCY. Jurat. 22. die Jan. 1680. John Hoskins.   

IT is very hard for a man to be kept out of Possession, and his Opponents manage all their Suits at Law against him with his own Estate; and that will not serve their turns, but they covet to get from the Claimant by Fraud, so that they may totally Ruin and disable him from prosecuting his Birthright.  
JAMES PERCY, (the true and lawful Heir-male to the Percy's Earls of Northumberland,) hath found more Injustice and Hardships here in England, than the Children of Israel found in Egypt, when they made Brick, and were forced to gather their own Straw to burn them.  
When Joseph's good Works were forgot, than his Brethren suffered; But now the PERCY'S good deeds are forgot, their lawful Successor suffers in Prison; And therefore earnestly prays for a speedy Deliverance. My great Pains, and Charge in Printing, is really intended rightly to inform the world, thereby to remove Oppression, and to revive justice.   

To the Kings Most Excellent Majesty.  
The Humble Petition of JAMES PERCY.  
Shows,  
THat Your Petitioners Opponents have obtained their Desires, for your Petitioner is in Prison  
That Your Majesty was Graciously pleased to say, God forbidden that We should hinder an Heir, but that he should have the Benefit of the Law; And to that end Sir John Berkenhead was sent by Your Majesty to the Attourny General.  
That Your Petitioner hath proved his Legitimacy and Pedigree, at four several Trials at Law, whereof one is exemplified under the Great Seal of Your Majesty's Court of Kings-Bench, (where Your Petitioner is now a Prisoner) upon that Writ of Error the Lord Chief Justice Scroggs so wilfully gave the Cause away, after Your Petitioner had fully proved his Pedigree, and to be Descended from the Body of Henry Percy, fifth Earl of Northumberland, and Cousin and next Heir-Male to Josceline Percy, late and eleventh Earl, deceased.  
Therefore He most Humbly Prays that Your Most Excellent Majesty would be Graciously pleased to Order the Lord Chancellor forthwith to call (by Your Majesty's Royal Writ of Summons) Your Petitioner from the House of Prison, to the House of Peers, to take the Place and Seat of his Ancestors Earls of Northumberland, as it is his Birthright and Title proved at Law: God in his Justice and Mercy restored Your Majesty to Your Crown and Kingdoms; even, so let Your Majesty in Equity and Pity Restore Your poor Distressed Subject.  
And Your Petitioner shall ever Pray, etc. JAMES PERCY.   

THis Petition was offered to His Majesty the 24th. of January 1680/1. and His Majesty was pleased to say, He would not receive it; But said, You may go where You please; Which Saying was taken for an Answer to that Petition presented the 17 of January; Wherein it was to be understood, the Petitioner had prepared his Complaints for the House of Commons. (It is to be noted,) That the Gentlemen who attended the King, said, Yonder is the E. of Northumberland with a Petition; why should Your Majesty trouble Yourself with it? had You not one the other day? reject it. I have found His Most Excellent Majesty hath been inclinable to Justice all along, but still is obstructed by one means or other: But the plain Truth is, His Majesty would not be seen to give and ungive at his own pleasure, His Majesty being mistaken in his Guilts; Therefore was Graciously pleased the Lords should Hear and Determine the said Cause; And to that purpose, did come down to the Bar in the House of Lords to hear the Cause Himself; but was disappointed, (as by the Petitions and Affiidavits appear:) But the said Cause having been continued a long time at such a vast Charge; and then to be slightly blown over without a fair Hearing, all the World much admires; For the clearing up of the Pedigree, would have confirmed the Errors.  
Therefore Your Petitioner Appeals to the Honourable House of Commons; And most Humbly and Earnestly prays your Assistance, to inquire the Reason why, and how the Writts of Errors came to be dismissed; And that they may be Re-manded back, that a fair Hearing may be had according to the Prayer of the Petitions; Or that You will be pleased to cause the Heralds to inquire into the Truth of the Claimants Pedigree; And that He may be called from the King's Bench Prison, to the House of Peers, to take the Place and Seat of his Ancestors, Earls of Northumberland.  
And Your Petitioner shall ever Pray, etc. JAMES PERCY.   

Right Honourable,  
I Am your Cousin, (though a Prisoner) descended from the Body of Henry Percy 5th. Earl of Northumberland; By which Descent I am Cousin and next Heir-male to Josceline Percy your Father the late and 11th. Earl of Northumberland, Deceased. A Prison is a Grave for Men alive; But when Naboth was stoned to death, than Ahab took possession of the Vinyard, 1 Kings. 21.18. And walking in the Garden among the Beds of Pleasure, than God sent his Prophet Elias, to tell Ahab of his Transgression, (notwithstanding he was a King.) Ezekiel 46.18. When Belshazzar was quaffing in the Gold and Silver Vessels of the Temple, than appeared the Handwriting upon the Wall, Dan. 5. When your late Husband the Lord Ogle went about to assume the name of Percy, and to have the Percies Lands settled upon him by Act of Parliament, than God called him to Account; Therefore let Your Ladyship do Justice speedily, and submit to Truth in Time, for fear God calls You to Account also. I believe Your Servants and Agents have rendered Me to You to be a Monster, and not a Man; Be not too subject to Believe Them, but see with your own Eyes, and hear with your own Ears; and admit Me into Your presence, for I have something to offer that will add Fame to Your Honour, and Rank You with those Two Worthy Women of our Family, the Lady Agnes Percy, who preserved the Percies Name, and the Lady Lucy, that settled her Estate upon the Heirs Males of the Percies for ever; And for ever that Estate must attend the Title; And the Fines can never be recovered but by the true Heir-Male of the Percies Mr. Gee can inform You (if he pleases,) how I was at Petworth in the Year 1654. And then, and there made my Claim as I do now; And before Mr. Clark's Trial, Your Agents, with their Council, would have owned Me to be the next Heir, and would have assisted Me for the Title with their Books, Pedigree and Records: And also how I met with Mr. Champion and Mr. Gee at Doctor Lampley's House, and there made out my Pedigree clear, only I could not find out my Great Grandfather's Name; First, it was a very hard Name; And Secondly, Mr. Champion kept it secret till he was forced to declare upon his Oath, that Sir Ingelram Percy was Married, and had Sons and Daughters, at Sir John Coppleston's Trial for Cannington and Rodaway Lands in Somersetshire. Thirdly, The Heralds had altogether neglected the Collateral Line of the Percies. Now all my Aim is really to beget a right understanding, so that I may remain,  
Your Ladyship's Real, Cordial, and Faithful Kinsman, and most Humble Servant, JAMES PERCY.  
What I have to declare to your Ladyship is not convenient to be committed to writing, but assure yourself it really tends to your present Welfare, and future Peace and Prosperity.  
An Answer will find me in the Kings-Bench-Rules, at the Written Table at Captain Dancer 's House in Lombardstreet, near the Bowling-green, in the Borough of Southwark.   

This Letter was presented the day of the date hereof; and the claimant hath printed it, that the world may see that a true Percy is not ashamed of his Innocent and Just Cause, nor afraid of his Potent Opponents; For be whom I trust in, is greater than they, 5 Eccles. ver. 8.  
NOw in these our days there is no Prophet Gad, Michaia, Elijah, nor Interpreters ☞ of Dreams, like Joseph and Daniel, that dares presume to speak to Kings as they did in those days.  
Therefore James Percy, the true Heir male of the Percies, Earls of Northumberland, humbly makes hold with the Prophet Ezekiel, cap. 46. ver. 18. Moreover the Prince shall not take of the People's Inheritance by oppression, but he shall give his Son's Inheritance out of his own Possession, that my People be not scattered every man from his Possession.  
The King's Most Excellent majesty's Gracious Answer was to the Claimant's first Petition, in 1670. God forbidden that we should hinder an Heir, but that he should have the Benefit of the Law: And to that purpose His Majesty ordered Sir John Berkenhead (Master of Requests then in waiting▪ to go to the Attorney General, to know why he refused to sign the Co-warrant which the claimants Solicitor, Mr. Thomas Swain presented to him to sign? But the Attorney General said, He could not sign Percy 's Co-warrant, by reason that he was of Council for the Countess of Northumberland: And the Court of Wards being put down did much wildernize the Claimant in his Proceed; and no less than nine several Persons have stood upon and been sheltered under Privilege, which hath been the cause of delay all this time.  
And from that time Mr. Swain (the claimant's Solicitor) began to play the Devil with two sticks; for whilst James Percy was prosecuting the Law, and delivering Declarations in Ejectments in the North, the Solicitor had contrived the business so, as the Title and Lands were begged, disposed and scattered before the claimant returned, and then pretended the Co-warrant, with other Writings, was lost, which cost a considerable Sum of Money, and then arrested▪ his Client James Percy in three several Suits at Law, which continued three years; But the Solicitor Swain was overthrown in all the 3 Actions; moreover the claimant James Percy was in those travels poisoned at Newcastle, arrested at York in two Actions of 20000 l. each Action, and then durst not proceed at Law, but let the Actions fall, and paid 40 s. Cost, a poor satisfaction for a night and two days Imprisonment, and maintaining my two Men and three Horses, besides the Charge of spunging Bums; And the actions were in the Lord of Essex, and Mr. Clark, and others Names: And to fill up the measure of malice, they published in the English Gazette, and the French Gazette, That the claimant was an Impostor; And Mr. Blackston said in all these Courts, That the claimant's Name was not Percy, but declared him to be a Bastard; with many more scandalous wordr, which were proved at that Trial before the Lord Chief Justice Scroggs, notwithstanding he discharged Mr. Blackston and Sir George Jeffreys at that Trial, took Fees on both sides, so the claimant James Percy was clearly bought and sold, and proved to his Damage 12000 l. Besides, it was the occasion of this his present Imprisonment, upon the Writs of Error that were so strangely dismissed the House of Lords without any Hearing; notwithstanding the renewing and continuing after every Prorogation, cost in all above 300 l. And now the claimant James Percy hath used all ways and means possible, (as by his Petition and public Prints appears) and cannot proceed further without the Assistance of the Honourable; House of Commons, His Majesty is much troubled, and the claimant really believes that His Majesty had a cordial Desire to hear and see the Cause determined, as by His coming up to the Bar of the House of Lords, that day the Hearing should have been had. Besides, His Majesty may perceive, I shall never leave my Claim, till Justice be done, by reason I now know it is my Right by Birth and Blood, and that the sole power of creating and preserving Honour rests in His Royal Breast, as Flowers in the Crown: And by the Coronation-Oath, the King cannot take Titles from one Peer, to give to another Peer. But as God hath in mercy restored His Majesty to His Crown and Kingdoms, even so ought the King in Justice to restore every Loyal Subject to the Birth▪ right, Title and Inheritance of his Ancestors. It was very hard at first for the claimant to find out the Name of his great Grandfather, by reason he was in his Childhood brought up amongst his Mother's Relations; And in the troublesome times (he being a royalist) was forced to abscond and travel for many years, But the Adversaries did wildernize the claimant, in hiding his great Grandfather's Christian Name from him: For Sir Ingelram Percy was the Glaymant James Percie's Great Grandfather, and youngest Son of Henry Percy 5th. Earl of Northumberland; and this Collateral Line was never attainted; and therefore aught to be restored according to Henry Percy the 5th. Earls Patent, and not under the Patent of the New-Creation by Queen Mary for Thomas Percy, 2d. Son of the 5th. Earl, was attainted, but Sir Ingelram Percy 3d. Son was Innocent, and so hath his Issue continued to this day: And therefore prays for speedy Justice: Justice removes oppression, Glorifies God, Honours the King, Rejoices the People, puts an end to your troubles, and ratifies Peace, for which the Petitioner prays.  
For Henry Percy, 5th. Earl, Great Great Grandfather, had Sir Ingelram Percy, Great Grandfather, who had Henry Percy Grandfather, and he had Henry Percy Father of the claimant. JAMES PERCY.