THIS BOOK Makes appear the Claim, Pedigree, and Proceed OF JAMES PERCY Now CLAIMANT to the EARLDOM OF Northumberland, Humbly presented to both Houses of Parliament. Printed in the Year 16●● THis Preface is only to tell the Readers that all new matters are still placed in the Front of this Book, which seems Irregular; but read this with Patience, and in time it may be Regulated, and put into a due Form. In short I cannot nor must not forget Truth and Justice, nor the Actions of just Men. For Sir Thomas Percy K nt. was courted to take upon him the Title and Earldom of Northumberland, but he refused it. because he knew himself to be Descended from Sir Thomas Percy K nt. Lord Egermond, 2d. Brother to Henry Percy 3d. Earl of Northumberland. Captain Percy of Beverly did look after the Earldom of Northumberland, and to preserve the name of Percy, but he left off his Claim, by reason he sound himself to be Descended from one of the Brothers of Henry Percy 5th. Earl of Northumberland, etc. Now Sir Ingelram Percy K nt. was the 3d. Son of Henry Percy, 5th. Earl of Northumberland, who had 2 Sons, viz. 1. Henry had Issue 3. Sons, James, William, Henry. James Claimant. 2. Robert, had Issue; 3 Sons, Robert, Thomas, & one more Alexander, Roger, Francis, depiction of half-moon God hath not set the Halfmoon in vain upon the Claimant, but the World may look upon it to be the Almighty's Candle to find out the true Heir-Male, James Percy. Now for Alexander Percy Gent. of Ireland, that rides in the Lifeguard, and Mr. Roger Percy Shoemaker at Charing-cross; and Mr. Francis Percy Stone-cutter in Cambridge, and his Brother a Tailor: I acknowledge them to be Cousins, and Descended from the Sons of Robert Percy, my Great Uncle. And by reason I know not which is the Eldest and nearest of Kin of th● Collateral Line. Thereforth most humbly pray, That the Heralds may take notice, and help them to find out the truth of Seniority. For my Cordial Endeavours are, to preserve the Moon from being Misted or Eclipsed any more. HENRY PERCY, 5th. Earl of Northumberland, Married; and had Issue 3 Sons, viz. I. Henry Percy, 6th. Earl of Northumberland, Married, and died without Issue. II. Thomas Percy, Married, and had Issue; But when Josceline Percy the 11th. Earl died; the Heirs Males of this Line were Extinct also. III. Sir Ingelram Percy, Married and had Issue 2 Sons, (viz.) Henry, and Robert. Henry Percy, Eldest Son, Married, and had Issue 3 Sons (viz.) James, William, and Henry; But the 2 elder Brothers died without Issue-male Henry Percy, (Third Son,) Married, and had Issue 3 Sons (viz.) Henry, James, and Henry: But the two Henry's died young. James Percy, (the now Claimant) Married, and hath 3 Sons, (viz.) Anthony, Henry, and John. Anthony Percy, is Married, and hath Issue, Henry Percy, Grandson of James Percy the now Claimant. Percy coat of arms with half-moon The following Account makes out this Pedigree fully, and at large down from Henry Percy 5th. Earl of Northumberland, to the Claimant James Percy, his Sons, and Grandson, Henry Percy. A True Pedigree to prove the claimant, James Percy, to be the second Son of Henry Percy of Horton in the County of Northampton, who was third Son of Henry Percy of Parvenham in the County of Bedford, who was the eldest Son of Sir Ingelram Percy, K nt. who was the third Son of Henry Lord Percy, 5 th'. Earl of Northumberland, By which Descent the claimant is Cousin and next Heir-male to Joscelin Percy the late and 11 th'. Earl of Northumberland, Deceased. Percy coat of arms HENRY Lord PERCY, Fifth Earl of Northumberland, Lord of the Honours of Cockermouth and Petworth, Lord Percy, Lucy, Poynings, Fitz-payne and Bryan, and Knight of the most Noble Order of the Garter, Who married Katherine, one of the Daughters and Coheirs of Sir Robert Spencer Knight; by whom he had Issue. 1st. Henry Lord Percy, 6th. Earl of Northumberland; who Died without Issue. 2d. Thomas Percy Knight, who was Executed; had to Wife, Eleanor, one of the Daughters and Coheirs of Sir Gwichard Harbottle Knight; by whom he had Issue, Thomas the 7th. Earl of Northumberland, who was beheaded at York, and died without Issue-male; And Henry the 8th. Earl of Northumberland, whose Issue is inserted hereafter. 3d. Sir Ingelram Percy Knight, who was married, as by the Oath of Mr. Henry Champion, who kept the Books and Records of the Percies. Henry Lord Percy 6th. Earl of Northumberland, Lord of the Honours of Cockermouth and Petworth, Lord Percy, Lucy, Poynings, Fitz-payne and Bryan, Knight of the most Noble Order of the Garter, who Died at Hackney near London the day before the Calends of July 1537. leaving no Children behind him, The Dignity of the Earl of Northumberland was vacant till the time of Edward VI John Dudley Earl of Warwick, Viscount Lisie, Lord Basset and Ties was entitled Duke of Northumberland the 5th. year of King Edward VI. But when he was Dead, Thomas Percy Nephew to this Henry by Thomas his Brother, who was Executed; In the Reign of Qu. Marry, was restored to all the Honours of that Family. Thomas Percy, Nephew to Henry 6th. Earl of Northumberland by his Brother Thomas, when the stock of the Percies were fading; to their Relief was invested to the Earldom of Northumberland, which the Earl of Warwick held before; and thereby was the 7th. Earl of Northumberland of that Family, Lord of the Honours of Cockermouth, Petworth, Lord Percy, Lucy, Poynings, Fitz-payne and Bryan; Queen Mary bestowing those Honours upon him, and his Heirs Male; (and for want of such Issue, Then to Henry his Brother, and his Heirs Male,) by her Letters Patents, dated the first day of May 1557: and whatsoever else of the Ancient Patrimonies of the Earls remained, Seized, or Forfeited: But if He should die without Issue Male, Then it should go to his Brother Henry, and his Issue Male. And although (to Honour him the more,) Queen Elizabeth made him Knight of the most Noble Order of the Garter; Yet He, (unmindful of all these Benefits,) Conspired with Charles Earl of Westmoreland, to Depose, by Force, Qu. Elizabeth; So by Authority of Parliament he was Condemned for High Treason, and as Chief in the Conspiracy, was beheaded at York, 14th. year of Queen Elizabeth. Who married Anne the Daughter of Henry Somerset Earl of Worcester, and had Issue Male, Thomas, that died young, and 4 Daughters; Heirs Males Extinct, And Henry Percy 8th. Earl of Northumberland, Lord of the Honours of Cockermouth, Petworth, Lord Percy, Lucy, Poynings, Fitz-payne and Bryan; all which Honours he enjoyed by virtue of the Letters Patents given by Queen Mary to his Brother Thomas, and was Created Anno 1574. He was after accused of Treason; and being in the Tower of London, slew himself with a Dag charged with Two Bullets, (before his Cause was heard, or that he was Arraigned,) in the Month of July 1585. ARMS Quartered as before, Who married Katherine one of the Daughters and Coheirs of John Nevel Lord Latimer, by whom he had Issue, 1. Henry the 9th. Earl. 2. Thomas, who died young. 3. William. 4. Sir Charles Percy Knight. 5. Sir Richard Percy Knight. 6. Sir Alan Percy Knight. 7. Sir Josceline Percy Knight. 8. George Percy Esq Henry Lord Percy 9th. Earl of Northumberland, Lord of the Honours of Cockermouth, and Petworth, Lord Percy, Lucy, Poynings, Fitz-payne, and Bryan, and (in his Mother's right,) Lord Latimer; He was Knight of the most Noble Order of the Garter, by Qu. Elizabeth, in the Year of our Lord 1593. Who married Dorothy, Daughter of Walter Devereux, Earl of Essex; by whom he had Issue, 1. Algernon, the 10th. Earl. 2. Lord Henry, who died without Issue. Algernon, the 10th. Earl of Northumberland, Lord of the Honours of Cockermouth and Petworth, Lord Percy, Lucy, Poynings, Fitz-payne, Bryan and Latimer, Knight of the most Noble Order of the Garter, Lord Admiral of England, and General over His Majesty's Forces for his Expedition 1640. and one of His Majesty's most Honourable Privy Council: He married Two Wives: by the former he had 4 Daughters; and by the latter Wife, 1 Son, (viz.) Josceline. Josceline, the 11th. Earl of Northumberland, Lord of the Honours of Cockermouth and Petworth, Lord Percy, Lucy, Poynings, Fitz-payne, Bryan and Latimer, Deceased; Who married Elizabeth, Daughter to the Earl of Southampton, by whom he had Issue 1. Henry, who died young. 2. Elizabeth, who married the Lord Ogle. (Heirs Males Extinct.) The Collateral Line. Sir Ingelram Percy, the 3d. and youngest Son of Henry Percy the 5th. Earl of Northumberland; who married, and had Sons and Daughters, as by the Oath of Mr. Henry Champion, who kept the Percies Books and Records; where he found what he testified upon Oath, at the Trial between Vtting Plaintiff, and Coppleston Defendant; He had Issue, 1. Henry Percy, 2. Robert Percy, and 2 Daughters. About 1559. these 4 Children were (in the time of Troubles in Queen Elizabeth's Days) sent out of the North in Hampers, to old Dame Vaux at Haraden in Northamptonshire, and there were brought up, preserved, and provided for. Therefore it is concluded by all, that Sir Ingelrams Lady, (the Mother of those Children, (must be related to Dame Vauxes Family. The Countess Dowager of Dorset, Pembroke, and Mountgomery, said, That if the Claimant, James Percy, were her Kinsman, he must be descended of those Children that were sent into the South in Hampers. [Note] There were but few Coaches in those days. Margaret that married the first Earl of Cumberland, whom the Countess of Dorset descended from, was Sir Ingelram percy's own Sister. And while the claimant was with this Lady, enquiring and delivering Declarations in Ejectment, the Estate was all-begged, as his printed Book makes appear more at large. That which wildernized the claimant, was, the rending the matchings of the Percies out of the Herald's Book, and likewise the Herald-painter left Sir Ingelram quite out of the first Pedigree. Henry, the eldest Son of Sir Ingelram married the Daughter of one Tibott, by whom he had Issue, 1. James Percy, who died about the year 1654. in Ireland, without Issue-male. 2. William, who died young. 3. Henry. And 3 Daughters. Henry Percy married Lidea the Daughter of Mr. Robert Cope of Horton in Northamptonshire, by whom he had Issue, 1. Henry, who died young. 2. James. 3. Henry, who died young. 1 Daughter, named Elizabeth. James, the now claimant, born 1619. of Henry and Lidea his Wife, who was 2d. Son of Henry, who was first Son of Sir Ingelram, who was 3d. Son of Henry, 5th. Earl of Northumberland, who was great great Grandfather of the claimant James Percy, who married Sarah the Daughter of John Sayer of Norwich, Gent. by whom he hath Issue, 1. Anthony Percy, married and hath a Son (viz.) Henry. 2. Henry. 3. John. depiction of half-moon UPon a tripartine Exchange, the Countries from Trent, Sir W. Churchil's History; fel. 257. to the Northward, was the Lot of the Percies, in Memory whereof the same being in the Georgraphical Form of an Malf-moon, Crescent for their Cognizance A short Abstract of the foregoing Narrative, co-temporizing down from Henry the 5th. Earl of Northumberland, who had as before the following (Issue) 6th. Earl of Northumberland, Henry eldest Son, who died without Issue. Thomas second Son had two Sons, both Earls. 7th. and 8th. Earls, Thomas, and Henry, first Cousins unto— 9th. Earl, Henry, and his Brothers, second Cousins unto— 10th. Earl, Algernon and his Brother, third Cousins unto— 11th. Earl, Joscelin, fourth Cousin unto— The Lady Elizabeth Percy married to the Lord Ogle, 5th. Cousin unto— Sir Ingelram Percy third Son had two Sons, viz. Henry, James, Henry. James. Anthony, — Henry. Henry, John. Robert. This may satisfy all wise Men of the Truth of this Pedigree; As for the claimant James Percy, he doth acknowledge the mistake of claiming under Sir Richard Percy, who was born Anno 1573. And James Percy, who was Uncle and Godfather to the claimant, was born 1581. So by this Account Sir Richard must have been a Grandfather at 8 years of Age. This is an impossible thing indeed. But here lies the Mystery, and the very Truth of this matter; and it was his Counsels advice, to fix upon a wrong party, which (said they) would be the only way to find out the right party; For the Matches of the Percies was rend out of the Herald's book, and Sir Ingelram Percie's Name was quite left out of the first Pedigree, which wildernized the claimant, and the Counsels too, which forced the claimants Council to tell the Lords in Parliamant, that the Cause did not lie before their Lordships, but aught to be tried before the inferior Courts first; and if the Law could not end it, than it was to return, and come before their Lordships again, to debate and to determine: Since which time it hath been found out by a Verdict at Law, that James Percy, is the Legitimate Son of Henry Percy and Lydia his Wife. And upon Petitions, as in the printed Book may appear, The Kings Most Excellent Majesty hath graciously condescended that the Lords in Parliament shall determine the said Cause. It is hoped that this just account will abate that mistake of Claiming under Sir Richard; for the Lord Chief Justice Hayls said at the first Trial, That the Plaintiff had proved himself Legitimate by Father and Mother, by Grandfather and Grandmother, but had taken his Descent too Low, he must go a step or two Higher. And the Lord Chief Justice Rainsford said to the Jury at that Trial against Wright for Scandal, That the Plaintiff had proved himself Legitimate, and therefore did not examine the third part of his Witnesses; but said His Pedigree was fully proved at a Trial before that Court. So that the Plaintiff ought to have had a Verdict then, when Mr. Henry Champion's Oath did perfect and fixed the Pedigree as before-declared. And the Lord Chief Justice Scroggs, at the last Trial against Blaickstone for Scandal, and the whole Court did own the Pedigree of the Plaintiff, only said, The Declaration was nought. When in Truth it was debated and allowed at the first part of the Trial; which is good Cause of Error. As the claimant hath laboured to find out the Truth, even so he doth most humbly pray, That all Wise, Learned, and Conscientious men may take Courage, like the Lord Chief Justice Hayls and his Brethren, and strictly inquire into the very bottom of the matter, and to set aside all mistakes, and set up Truth, and maintain and speak cordially to and for Justice; this being the only way to clear the Innocent and put a stop to Oppression. And the Relieved (as in Duty bound) shall ever pray for his Majesty's long Life, and the Prosperity of Him, His Realms, and Kingdoms. The above claimant had two Petitions read in Council, 21 July 1680. (and rejected) It seems it was objected, that the Man whom the claimant claimed under must be a Grandfather at eight years old. It is hoped the account aforesaid will justly satisfy and procure a right understanding at the second hearing before the Lords in Parliament And there being no precedent, as the claimant is informed, that the Orders of this House do perpetually bar, where the party hath not been fully heard. For Henry, 5th. Earl, had Sir Ingelram, — who had Henry, and he had Henry, — who had James the claimant. This Truth is as clear as the Sun at Noonday, and blows over the misty mistake of Claiming nnder Sir Richard Percy. It was the putting down of the Court of Wards, and setting up of Privileges on all sides against the true Heir-male, and the general neglect of the Heralds in the Collateral Line, and the treacherous Actings of his Solicitor, did obstruct and delay all this time. Moreover, the Lord Ogle that married the Lady Elizabeth Percy, hath endeavoured to change his Name from Cavendish to Percy, and also to have obtained an Act of Parliament to settle and confirm upon him (the aforesaid Lord Ogle) all those Lands which are annexed to the Title and Earldom of Northumberland; which Lands formerly were firmly settled upon the Heir-males of the Percies for ever.— See the Records and the Verdict exemplified, and pray a stop may be put to the Lord Ogle's Act of Parliament, by reason the Lands are begged, bought, sold and scattered. The undoubted Right, and next Heir-male of the Percies in Blood, and so proved at Law, and therefore he most humbly and earnestly prays, That an Act of Parliament may be had, to restore him to his Birthright, Title, Estate, Pre-eminence, Privileges, Place and Seat of his Ancestors, As it hath been done heretofore to several of the Percies, the Earl of Kent and others. This being the 11th. Year of the Claim of JAMES PERCY. Who humbly Beggs, Prays, and Cries for speedy Justice. To the Kings Most Excellent Majesty. The Humble Petition of JAMES PERCY, Son of Henry Percy, Grandson of Henry Percy, Great Grandson of Sir Ingleram Percy, Great great Grandson of Henry Percy Fifth Earl, and Cousin, and next Heir-Male to Jocelin Percy, the late and Eleventh Earl of NORTHUMBERLAND, Deceased. SHOWETHS, THat Your Petitioner hath near upon Ten Years prosecuted his Birthright, and still continues his Claim to the Title, Honours, Manors, Lands, Preeminencies and Privileges, that the Rights belonging to the Heirs-male of the Percies Family, as they are annexed to the Earldom of Northumberland. That upon the first Address Your Petitioner humbly made to your Majesty, in order to obtain his Right, Your Majesty was Graciously pleased to return for Answer, God forbidden Your Majesty should hinder an Heir, but that He should have the Benefit of the Law. That upon his Application to the House of Lords (after some short plead,) his Council moved, that the Cause might be left to the Law for his Legitimation, that he might more Regularly come before their Lordships, which was accordingly done. That he hath (pursuant to their Lordship's order) obtained a Verdict, exemplified under the Seal of your Majesty's Court of Kings-Bench, That He is truly, and legitimately descended of the Blood and Family of the Percies of Northumberland. That upon Your Petitioners Humble Application by way of Petition to Your Mamesty, praying your Royal Writ of Summons, to call Your Petitioner to Sat in the House of Lords; Your Majesty's Gracious Answer was, That You thought it not Convenient until the Petitioners 'Cause was Determined by the Lords. That the Parliament being by your Majesty's Royal Prerogative again Prorogued, it much encourageth your Petitioners Opponents, and weakens your Petitioner in his Dependencies, having been Published in the Gazet formerly for an Impostor, whereupon, by the (contrivance of his Solicitor) the Lands were begged in the Name of the Duke of Monmouth, and others. That during the time Your Petitioner was prosecuting his Right at Law, the potent Defendants put him off so long by Privilege of Parliament, till George Fitz-Roy was Created Earl of Northumberland: And now it is divulged in Print, that the Lord Ogle, hath changed his Name from Cavendish to Percy: All which forces your Petitioner to fly to Your Sacred Majesty for Relief, Protection and Justice. That it is the Opinion of your Petitioners Council, That your Majesty of your own Princely Prerogative, without any Declaration of the Lords, may Restore your Petitioner to his Birthright, Title, Honours, and Estate, that depends thereon. Your Petitioner therefore most humbly prays your Majesty (in whom solely lies the Creation and preservation of Honour and Nobility) to Declare your Royal pleasure, for his Ascending the Sphere and Dignity of his Ancestors: Or, to grant unto your Petitioner (that hath groaned under Ten Years Oppression without decision of his Claim) such Yearly Pension as may support him, until his Cause come to a final Determination. And Your Petitioner shall Pray, etc. JAMES PERCY. THis Petition was presented into your Majesty's Sacred Hand the 18. of December 1679. and Sir William Glascow, Master in waiting, ordered the Petitioner to call for an Answer the 22th. Instant, which the Petitioner accordingly did; but then found no opportunity to speak with him: The Petitioner attended the 23. instant, and then Sir William returned this Answer by his Maid-Servant, That he was busy with some Friends, and that the King would hear nothing until after Christmas-Eolidays. That the Petitioner went to the Secretary's Office, to get this following Advertisement to be entered into the Gazet, but it would not be allowed; which did much dissatisfy your Majesty's Loyal Subject, to think that the True Heir, looking after his Birthright, should be put into the Gazet for an Impostor, when as he hath proved himself at the Court of King's Bench, by Twelve honest Jurymen, to be the true Percy, and the only Heir-male to the House of Northumberland. It is very sad, when a lost Dog shall find Entrance into the Gazet, and a Just Man be kept out. The Advertisement refused, is as follows. Advertisement. WHereas the Lord Ogle is published in print, to have changed his Name from Cavendish to Percy, upon his Marriage with the Lady Elizabeth Percy, James Percy Esq the true Heir-Male of the Blood of the House of Northumberland, that hath stood to justify his Claim about Ten Years, and hath proved himself a Legitimate Percy in the King's Bench, doth likewise publish to the world, that he will justify his Right durante vitae, and hopes the World will not be deceived by any Artifice; for he desires no more but a free and final determination of his said Claim. Fiat Justitia & ruat Coelum. James Percy. Notwithstanding, your Loyal Petitioner verily believes your most Excellent Majesty is much Misinformed, yet your Petitioner had not published this Advertisement, had not he found my Lord Ogle to have changed his Name from Cavendish to Percy, printed in Mercurius Anglicus. But now the Petitioner is resolved, (like Hester,) by God's powerful Assistance, and your Majesty's gracious Acceptance, to stand up for the Name of Percy, as that Queen kneeled down to save her people. King Darius took Daniel out of the Lion's Den, and God (in a most Miraculous manner) Restored your Majesty to your Kingdoms: And according to the Coronation-Oath, and your Majesty's Royal and Gracious Act of Free pardon and Indemnity, the Petitioner in Justice ought to be restored to his Birthright and Title, or such an Immediate Allowance as is usual in such Cases, to keep the White-Horse or Honour from starving, until his Case be determined according to the prayer of the Petition. The Precedent the Lord Ogles Agents will insist upon, is as followeth: NOte, the Lady Agnes Percy, would not intermarry with the Lord Josceline De Louvain, Son and Heir to the Duke of Brabant, the then Queen of England's Brother, without he assumed her Name. The Reason was, There was not an Heir-Male then living of the Percies; Therefore that was done purely to preserve the Name of Percy. But now my Cousin (the Lady Elizabeth Percies Case) is not the same: For the Heirs-Males of the Percies are not dead, as by the Claymants printed Book appears. But the Mystery of assuming the Name of Percy, is as follows AS is the Settlement of Arundel-Castle, even so is the Settlement of the Honour of Petworth and Cockermouth, and divers other Lands, upon the Heirs-Males of the Percies for ever: And all those Lands so Settled, and in the Crown, the Rents and Fines can be Recovered no ways, but under the Name of Percy; and the Tenants have overthrown the Lady's Agents at two several Trials upon the same Acount. The Petitioner commits this Cause to the Kingsmost Excellent Majesty, the Parliament, and Liege People of England, to judge whether or no this be a Fraud intended, or not? Therefore, I humbly beg your Majesty's Pardon: For as the Petitioner, hath often demanded the Fines and Rents of the Tenants, and they durst not obey, by reason his Pedigree was not then proved: But now his Pedigree is proved, to be the true Heir-Male of the Blood and Family of the Percies of Northumberland; that they stop all their Rents in their hands, and Prepare those Fines that have been a long time kept from the true Heir-Male. JAMES PERCY. To the Right Honourable Lords Spiritual and Temporal in Parliament Assembled. The Humble Petition of JAMES PERCY. SHOWETHS, THat this is the 11th. year of the Petitioner's Claim to the 〈◊〉 and Estate belonging to the Earldom of Northumberland. That your Petitioner hath had several Trials at Law, where he is proved a true Percy legitimate, and no Impostor, as once a Gazer published. That through the high Privileges, Policy and Potency of the Opponents, and Treachery of his Solicitor, and falling area the of some of his Council; all which occasioned Errors both particular and general. That as William Percy, the Brother of the Claimant, was out up to obstruct Proceed; and now Francis Percy Stone. Cutter is cried up, who declared himself to be the Grandson of Thomas Percy, that was in the Gunpowder-Plot, down in truth was the Son of Robert Percy, the Petitioner's great Uncle. He therefore prays, That a set day may be appointed, allowing 14 days time to summon in Witnesses, so that the Pedigree may be fully proved, that 〈◊〉 true Decision may be made according to Justice, and that Truth may be preserved, and Errors corrected. And your Petitioner shall ever pray, etc. JAMES PERCY. THat whereas the Kings most Excellent Majesty hath been graciously pleased to refer the Petitioner's Cause to the Lords Spiritual and Temporal in Parliament, to Hear and Determine his said Claim to the Earldom of Northumberland. That the Right Honourable Lords were pleased to receive the Petiition of James Percy the Claimant, at the Bar of the said House of Lords the 17th of November 1680. That your Lordships will be further graciously pleased, to Call for the said Petition, and cause it to be Read, and appoint a day for Trial, according to the Prayer of the aforesaid Petition, so that the Pedigree of your Petitioner may be fully Tried, with the two Writs of Error. And your Petitioner shall ever pray, etc. JAMES PERCY. Die Jovis, 25. Novembris, 1680. WHereas JAMES PERCY Esq hath brought two Writs of Error into this House; In One of which, the said JAMES PERCY is Plaintiff, and John Blackstone Esq is Defendant: And in the other, Robert Utting is Plaintiff, and Sir John Coppleston is Defendant; Upon both which Writs, the Errors being assigned, and Issue joined: It is this Day Ordered by the Lords Spiritual and Temporal in PARLIAMENT Assembled, That this House will hear the Errors upon the said Two Writs of Error Respectively, Argued by Council at the BAR on both Parts, on Thursday the 9th. Day of December next at Ten of the Clock in the Forenoon. Whereof the said John Blakestone, and Sir John Copplestone respectively, are to cause Timely Notice to be given to the said JAMES PERCY for that Purpose. JOHN BROWNE, Cleric' Parliamentor ' The Council's Opinion, to prove the Pedigree, manifests Errors, Removes, Mistakes and Scandals; and makes a clear way to Justice. Therefore the following Pedigree is prepared for the Right Hovourable Lords Spiritual and Temporal in Parliament at the Day of Hearing. To the Kings Most Excellent MAJESTY. The Humble Petition of James Percy. SHOWETHS, THAT this is the 11th. Year of Your Petitioners Claim to the Title and Earldom of Northumberland. That the 9th. Instant at 10. of the Clock, is appointed the day of Hearing, before the Right Honourable Lords Spiritual and Temporal in Parliament Assembled. Therefore he most humbly Prays, that Your Majesty would be graciously pleased to be present at the hearing of the Cause, and then Your Majesty will understand how the Moon hath been set under the horrid Black Cloud of Oppression, and to see the Moon rise into the Serene Horoscope of Justice. And Your Petitioner shall Pray, etc. JAMES PERCY. To the King's most Excellent Majesty. The Humble Petition of James Percy, Cousin, and next Heir-Male of Josceline Percy, late and Eleventh Earl of Northumberland, Deceased. Shows, THat Your Petitioner hath about Ten Years, waited for the Justice of the Laws of Your Kingdom, at his Vast Charge; and still attends the Issue of his Claim. And being informed, that the Lord Ogle is endeavouring an Interest, to get an Act of Parliament, for Settling the Lands of that Earldom upon him, under the Name of Percy. And Your Majesty having always declared Your Royal Pleasure, That You would not wrong an Innocent Heir: And Henry the Fourth Earl of Northumberland, and John Nevell Lord Montague, being Precedents of Restitution, when in Default. Your Petitioner most Humbly prays, and hopes Your Gracious Majesty will be pleased to consider his Case; and of Your Royal Wisdom and Justice, to Restore him to the State and Dignity of his Ancestors; having proved himself at Law, a True Percy, of the Family and Blood of the House of Northumberland. And Your Petitioner shall Pray, etc. THis Petition was Presented into the King's Sacred Hand, the 25th. of November, 1679. and the Master in waiting, his Account was much like to that of Sir John Berkensheds. So the claimant's Case lies wholly before the Parliament. And therefore, most humbly prays, That if the Lord Ogle goes on, and prevails in their Act of Parliament, that there may be a Saving put into that Act, for James Percy, the now claimant, and his Heirs; according to the King's Gracious Direction. Moreover, That the Right Honourable, the Lords Spiritual and Temporal, will be graciously pleased to call the Pedigree of the claimant before them; and according to a Verdict exemplifyed under the Seal of his Majesty's Court of King's- Bench, to Report. So that, the King's most Excellent Majesty may be fully satisfied; and the claimant, James Percy, may at last be Restored to the Place and Seat of his Ancestors, Earls of Northumberland. Do Justice; Remove Oppression; Then GOD will Bless our King, Parliament, and People, to the Amazement of England's Enemies, and Joy to all his Majesty's Loyal Subjects. All New Matters are still placed in the Front of this Book, as the Directions further citys to. TO HIS GRACE, THE Highborn Prince, JAMES, Duke of York. Great Sir, I Have Petitioned your Royal Brother, our Gracious KING, to be Admitted to speak a few words: And in the like Nature, Petitioned your Grace; but was not Herd. Therefore, I have made bold to Print; and prays your Patiented Perusal, and to Act for Justice. ☞ Justice will stop my Pen, and turn my Complaints into Prayers and Thankfulness. James Percy. London, Octob. 21. 1679. Potent Adversary's Practices, prevents my Opportunities: For I had purposed, by God's Assistance, and Your Gracious Acceptance, to have Presented the Book myself; and hoped to obtained the Honour, to Kissed Your Grace's Hand. This is a further Addition of what hath been done since the former Additions was added to this Printed Book; and something of Moment, which was formerly left out. 1. A Petition to the KING, and House of Lords. 2. A Petition to the House of Commons. 3. A Letter to a Gentleman, that did pretend he could prevail much with the Countess. 4. A Letter to the Lord Ogle: With other Arguments and Reasons. To the KING's most Excellent Majesty, and the Right Honourable, the Lords Spiritual and Temporal. The Humble Petition of James Percy, Cousin, and next Heir-Male to Josceline Percy, late Earl of Northumberland. Shows, THat Your Petitioner put in his Claym, as Heir to the Title, Honours, Lands, etc. of the Percies, as Rightfully and Legitimately Descended of the Ancient and Noble House, Nine Years ago; and still continueth the same, in hopes that he may have Justice done him. And therefore Humbly prays Your Majesty, and Your Lordships, to hear and determine his Right, having proved himself a True Percy at Law. And he shall Pray, etc. James Percy. This Petition to the King, and House of Lords, was Presented the 17th. of October, 1679. Mr. Walker the Clerk said, That nothing of Private Concerns would be received that Day. To the Right Honourable, the Knights, Citizens, and Burgesses, in Parliament Assembled. The Humble Petition of James Percy, Cousin, and next Heir-Male to Josceline Percy, late Earl of Northumberland. Shows, THat Your Petitioner having Nine Years claimed, and industriously prosecuted his Right to the Honours, Lands, etc. of the House of Northumberland; and not yet been able to obtain a Definitive Sentence, by reason of the Potency of his Adversaries, and the Lord Ogle, (as your Petioner is informed) endeavouring to carry away the said Honour, upon his Marriage with the Lady Elizabeth Percy. Your Petitioner humbly prays the Benefit of his Birthright, and an English-Man, to be heard to his Claim, before any Conclusive Bar by Act of Parliament. And your Petitioner shall Pray, etc. James Percy. This Petition to the House of Commons would have been Presented the same Day; but one of the Clarks said, It was not proper to deliver it, till the Speaker was Chosen. As the claimant feared, the other Proroguement would have done him Harm; so this last Prorogation tends to his Advantage: For he hath now time to go for Ireland, to Inform, Encourage, and Direct his Eldest Son, Anthony Percy, to stand up to maintain the Claim of his Father; Who declares, if any thing should happen otherwise than well, or that he should Die, he is the next Heir apparent; and if his Issue fail, then to his Second Brother, Henry Percy; and if his Issue fails, then to John Percy, the Youngest Son, and his Issue: And if it shall please God, the claimant, his Sons, and grandchildren should all Dye; yet there are Percies enough, which was the Children of Robert Percy, Second Brother of Henry Percy, the Children of Sir Ingleram Percy, and-grand-childrens of Henry Percy, Fi●●● Earl of Northumberland: Which Henry and Robert, was sent out of the North in Hampers, with two Sisters, to the Lady Vaux, in Queen Elizabeth's Days: And this the claimant hath done, to prevent the Title, and the Estate of the Perices, from being Smugled any more, as at this day. Moreover, if His Majesty will not give the claimant Maintenance, nor appoint him a Match; yet it gives the claimant opportunity to recruit again. As he intended to Print no more; so by God's Assistance, he shall never give over his Claim. The 15th. Day, the claimant carried his False Pedigree, and the True Pedigree, to Sir William Dugdel again, and he did promise to stand up for Justice. This to a Gentleman, that did pretend to prevail much with the Countess. SIR, I Have Received my Lost Son; He is found, and returned again: All Praises be rendered to the Almighty God; who, in his good time, can send me Peace also: For He is Greater, than they that oppose me. We intent to visit Branford, the Latter End of the next week, to see if you can perform your Promise to me: And, in the mean time, if you please to present this enclosed Book, with my most Humble Service, to the Countess Dowager of Northumberland; and tell her Honour, I would not have presumed to have given her this Trouble, but only that Truth might be known, and to obtain a right Understanding. Moreover, if her Honour will be graciously pleased to hear me speak, I could Propound that, which would silence all our Differences. For I am like my Cousin Henry Hot Spur, who chose to lose his Life, rather than to yield to that, which would abate his Honour and Resolution. But when I find Justice founded upon the Basis of Reason, than I shall, by God's Assistance, be found like a Jonathan to David. In the mean time, I remain Your very Loving Friend, James Percy. London, June 14th, 1679. I Lodge at Mr. Curtis his House, in Windsor-Court in Mugwell-Street, near Cripplegate. I Writ not as an Harbinger, to prepare Provisions, but as an Herald, to proclaim Peace to the Countess, if she please. For their Act of Parliament shall never pass Both Houses, without Justice be absolutely Buried alive in this our Nation; Ezek. 46. Vers. 18. Moreover, the Scripture saith, Curse ye him, that removeth his Neighbor's Landmark. A Letter left at Suffolk-House, for the Lord Ogle, near Charing-Cross. My Lord, EVer since the year, 1670. I have applied myself not only in Person, but by Letters and Friends; as the Printed Lines sets forth: And with two of my Youngest Sons, did upon the 24th of June, 1679. wait for an Answer; But found Things not Performed, as was expected. Now, My Lord, by your Marrying my Cousin, the Lady Elizabeth Percy, you are become concerned: And since I can no ways come to the Speech of her Grandmother, be pleased, that I may speak with you, of Differences past, and to prevent Differences to come. God direct you, even as he did King Solomon, and young Daniel, to do, Act, and stand up for Justice: For which, I have, and shall leave no stone unturned, till I find it. According to this enclosed Print, I am. My Lord, Your Honours most Humble Servant, James Percy. June, 26. 1679. And Mr. Gee did declare to the claimant, under White-Hall-Wall; That if they had thought, he had had an Estate to have Supported the Title withal, they would have Owned him long ago. If he had not been called from his Merchandizing, by God's Blessing, he might have obtained such an Estate of his own, as would have preserved a Percy from a Nevel's Lot. For when Henry Percy, Fourth Earl of Northumberland returned, then was he Created Marquis Montague. Mr. Champion, that kept all the Records, confessed, that there was above 4000 l. per annum, to attend the Title, before old Mr. Rogers died; and than Canington, and Rodaway Lands, returned to the Percies again. And the Agents now hath no other way, but to endeavour the Lands may be settled by Act of Parliament upon the Lord Ogle, in the Name of Percy. The true and real Intent of the claimant, is to satisfy King and Parliament; so as Fraud may be prevented, and a Royal Writ of Summons may be had, to call him to that Seat and Place of his Ancestors, Earls of Northumberland. James Percy (10 Years claimant) prays for Justice. To the KING'S most Excellent Majesty, the Right Honourable Lords, Spiritual and Temporal; and to the Noble and Worthy Commons of England, Assembled in Parliament. THis outside 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 claimant, James Percy, in the Gazet, to be an Impostor; setting forth a Pedigree of the claimant'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 claimant hath at the last, proved himself the next Heir, as by a Judgement 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 Married 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 Honourable 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 trusties, But it is rather judged, the real Contrivance of the trusties, was merely to bring themselves off, from giving an Account of the main Profits, and the great Wastes, 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 stopped; but will be hard to Reverse, though never so Illegally obtained. This first Sheet, added to this Book, contains the last Petition to the King, and a short Abstract of the several Trials. The Last Sheet was an Account to one, that desired to be satisfied, by reason the Agents had misinformed 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 ways intending to Relinquish his Right in the House of Peers. A Narrative of the several Trials and Proceed in the King's-Bench, before my Lord Chief Justice Hails, and the Lord Chief Justice Rainsford. Pag. 3. The double Trial, before the Lord Chief Justice Scroggs. Pag. 5. A short Abstract of the claimant's proceed, 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 forbidden, 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 Majesty's 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 Sat in the House of Peers, His Majesty replies, 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 the 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. Shows, THat Your Petitioner hath these Nine Years, industriously Prosecuted his Claim to the Titles, Honours, Privileges, Manors, and Lands, etc. 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 Honourable 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 Married 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 claiming the said Honours and Lands, etc. as aforesaid; although his Claym hath not been determined these Nine Years, as abovesaid; 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 Judgement and Verdict exemplyfied under the Seal of Your Majesty's Court of King's-Bench. Moreover, The Extremes 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, etc. A short Abstract of the several Trials 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 show what is proved by the Law. First Trial 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 Trial Judge Hales declared, 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 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 Trial, was upon an Ejectment for Cannington-Lands in ; 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 Misinformation, that Your Majesty was mistaken in Your Gift. And at that Trial, 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 claimant and Plaintiff, for the same. Notwithstanding, the Defendants do wrongfully possess those Lands, and receives the Profits; and preserved themselves all along by Privileges, for many Years; to the utter Ruin of Your Petitioner, if not timely prevented by Your Sacred Majesty. Third Trial, Your Petitioner proved himself Legitimate again; And not the Tithe of the Plaintiff's Witnesses was Herd at that Trial; by reason Judge Raynsford stood up, and said, The Pedigree was sufficiently proved by the Former Trials; as by the Judgement and Verdict exemplyfied under the Seal of Your Majesty's Court of King's- Bench. Fourth Trial, the Plaintiff was forced to pay 90 l for Clark's Cost, before the Lord of Essex's Privilege could be got off, to go on to Trial: And then the Defendant's Council 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 Herd; which prevented the Plaintiff 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 Eundred Marks Costs. Which Trial 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 enjoy his Birthright 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, etc. IT is Hoped, 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 forbidden, 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 Unmarried: And further hopes, that by God's Providence, and Your patron-like Care, such a Match may be obtained, that will support the Title, and raise the Percies Name to its former Splendour. THE Proroguing the Parliament, till the Thirtyeth of October next, force's the claimant to make this further Complaint: For its Consequence is as prejudicial, as Privileges have been to the Plaintiff; and as much for the Advantage of the Agents and Defendants: Who by Privileges, Delays, 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 Sat on the 17th. Day, than had the claimant had time to have put in his Petition, in Obedience to the King's Gracious Answer and Direction, to the Right Honourable House of LORDS, to have been called 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 Married 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 gained 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 claimant into a Prison; so that he shall not be able to attend the House, when they Sat: If they obtain their Aims, then will the claimant 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, aught to enjoy the Earldom of Northumberland: and that the Estate must attend the Title. But cruel Oppression still keeps Possession; which forces the claimant, 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 Child'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 Could, and prevent the Evils, to come. AMEN. To the Honourable, The KNIGHTS, CITIZENS, & BURGESSES, Of The House of Commons, IN PARLIAMENT Assembled. The Humble Petition of James Percy, Esq Sheweth, THat it is now almost Nine Years, since he put in his Claym as Descended of the house of Northumberland, and next Cousin and Heir-Male to Joscelin late Earl of Northumberland: All which time he hath Vigorously and Industriously pursued his Right, though against so great and unequal Force and Opposition, that he hath not been able to prevail: And therefore humbly prays Leave to bring the State of his Case, and the Narrative of his Proceed, before this Honourable House, Imploring their Assistance, to Appear, Mediate and Interpose, for his Relief: And your Petitioner shall Pray, etc. A NARRATIVE OF THE PROCEED OF THE PETITIONER, Since His Petitions were Dismissed by the Right Honourable, the House of LORDS, and his Case left to the Law. IN Trinity-Term, 1674. the Petitioner brought an Action in the King's-Bench, against John Clerk, Esquire, for Scandal and Defamation he had thrown upon your Petitioner: Where, upon Hearing, some of his Witnesses did not appear. Nevertheless, your Petitioner went so far on with the Proof of his Pedigree, and Lineal Descent from the Earls of Northumberland; that the Lord Chief Justice Hales, said in open Court; That the Plaintiff (meaning your Petitioner) had proved himself a True Percy, of the Blood and Family of the Percies of Northumberland, legitimate by Father and Mother, Grandfather and Grandmother; and that he did verily believe, your Petitioner was Cousin, and next Heir- Male of Josceline Percy, late Earl of Northumberland: But was afraid, he had taken his Descent a little too Low; and willed him, to come better Prepared next Trial. Whereupon your Petitioner suffered a Nonsuit. A * 1. The Reason of the Mistake in the First Pedigree, was, that the Herald-Stainer left out Sr. Ingleram Percy, the Great Grandfather. 2. Searching in another Herald-Stayner's Book, that had been lent out; the said Book was returned, the Leaf where the Matches of the Percies Family were set down, according to the Alphabet, being torn out. 3. Therefore, his Counsel did advise to fix the Pedigree upon Sir Richard Percy; and if he was found the Wrong, it would be the means to find out the Right; as it did effect, at last. Mistake, I hope, all will Pardon, to one under those Disadvantages the Claimant was; who was forced to Abscond in England for his Loyalty, (and Travel for some Years) and had not an Opportunity to acquaint himself with the Family of Northumberland, so as to be informed of his Pedigree. The Truth is, When he came into England, to Claim his Honour and Estate; though he knew it was his Right, yet it was hard for him to prove his Great Grandfather, as it would be for most (perhaps) that Condemn him, 2 Searching in another Herald-Stayner's Book, that had been lent out; the said Book was returned, the Leaf where the Matches of the Percies Family were set down, according to the Alphabet, being torn out. when a Family is so Dispersed, and the Pedigree of the Younger Sons neglected by the Herald. Upon a Second Action brought i●●●e Court of the King's-Bench, against Sir John Copleston, Trustee fo● 〈◊〉 Lady Clifford; Sir John sheltered himself under the Privilege, so long as he could: When he was forced to a Trial, your Petitioner proved himself Cousin, and next Heir-Male of the said Josceline Percy, late Earl of Northumberland, as followeth; For, the Claimant, James Percy, was the Son of Henry Percy, Grandson of Henry Percy, Esquire, Great Grandson of Sir Ingleram Percy, Great great Grandson of Henry Percy, Fifth Earl of Northumberland; So as the Court willed him to proceed to the Title of the Lands: Unto which his Counsel replied; That the Lands must attend the Title; That the Deeds, Evidences Books of Entries, and the Records of the Estate were in the Possession of the Defendants. So that, at present, they were not prepared nor instructed to proceed further than the Legitimation, and Lineal Descent of your Petitioner, 3 Therefore, his Counsel did advise to fix the Pedigree upon Sir Richard Percy; and if he was found the Wrong, it would be the means to find out the Right; as it did effect, at last. from the Noble Family of the Earls of Northumberland. That upon the Thirteenth of June, 1676. your Petitioner brought his Action in Guild-Hall, London, against John Blackeston, Esquire, for Scandal and Defamation: But the Defendant moved the Court of King's- Bench, that the Action might be removed, and brought into that Court: And that a Trial might be there had; which was ordered accordingly. And the Seventh of May they appointed to Hear the Cause: The Petitioner humbly submitted to the Pleasure of the Court. And your Petitioner, and the Defendant, having some few Weeks before the said Time of the Trial, by Consent, attended the Master of the Office, and settled a Jury: Your Petitioner prepared for a Trial, and brought up from many, and some very remote Parts of the Kingdom, Sixty-five Witnesses, all in Court; whose Travels to and fro, upon Calculation, amounted to above Four Thousand Miles; and had Fourteen Learned Counsels at the Bar: The Charges of all amounting to about Four Hundred Pound. And thus prepared, brought on the Cause to a Hearing the Day appointed: When immediately the Defendant's Counsel insisted upon the Privilege of the Countess Dowager of Northumberland, in Protecting her Servants and Agents; The said John Blackeston being Steward of her Courts, and pretended Receiver of her Rents; and that he was upon the said Employment. Whereupon all your Petitioner's Counsels refused to Plead, although the Court would have Herd them, and proceeded to Trial of the Cause: But the Council replied, They had no mind to go to the Tower; some of them having been there before. And thus the Trial was put off. Whereupon Mr. Justice wild (hearing these Things) stood up, and said in open Court; Fie, fie, Gentlemen! Is this a Time to insist upon Privileges? when you forced the Plaintiff to a Trial, and have put him to so great Expense, Travel, and Labour? You do but cast Cold Water upon your Cause. It is not the first time this Cause hath been before this Court. When Mr. Blackeston was asked, Whether he went to London, to look after Percy's Trial? he said, It concerns me not; for the Countess of Northumberland is to bear me Harmless. Upon the Fourteenth of May, 1678. there was a Trial had at the King's-Bench-Bar, Westminster, for Scandalising the Petitioner's Right and Title; where-on a Verdict was given for Three Hundred Pound Damages to the Petitioner, and Judgement obtained thereon: As by the said Judgement, exemplifyed under the Seal of the Court, appears. Lastly, That your Petitioner hath been all along perplexed and troubled by many Suits at Law, unjustly Commenced against him by the Agents of the Defendants, or some of them; on purpose to Tyre him out, and Ruin him by Chargeable Defences: For it is now almost Eight Years, since he began his Claim. And therefore, Humbly prays this most High and Honourable Court, to open some way for the Hearing and Determination of this his Just Claim; as it shall in your Mature Wisdoms seem meet and convenient, for the Preserving Property and Right. This further Complaint since the Late PARLIAMENT was Prorogued and Dissolved. Percy is Plaintiff; Blackeston the Defendant. In Banco Regis, Mich. Term. MR. Blackeston being Steward to the Lady Elizabeth Percy, and the Countess Dowager of Northumberland, being her Guardian; the said Blackeston stood upon the Countess' Privilege; until, upon another Occasion, the Duke of Monmouth, by an Order of the House of LORDS, took off the Countess' Privileges, as to the Guardian-ship. Then Mr. Blackeston sheltered himself under the Earl of Essexes Privilege; until the Plaintiff put his Petition into the House of LORDS, that Mr. Blackeston might not be Privileged by the said Earl. Upon which, the Earl agreed with the Plaintiff's Counsel, That if the Ninety Pound Costs, that was unpaid upon the Nonsuit between Percy Plaintiff, and Clarke Defendant, were paid; that then Mr. Blackeston should not stand upon Privilege, but go to a Trial; which he accordingly did, in his majesty's Court of King's- Bench. Before which time, in the said Term, the Plaintiff's Council informed the Court, what the Earl had agreed unto. Then the Lord Chief Justice stood up, and said to the Plaintiff; That the Earl of Essex did promise upon his Honour, to set aside his Privilege; and that the Plaintiff should have a Trial against Mr. Blackeston this Term, if the Plaintiff paid Mr. Clarke's Costs first: And we do promise, the Plaintiff shall have a fair Trial. The Plaintiff thereupon paid the said Ninety Pound Costs into the Court accordingly. Monday the Eleventh of November, the Plaintiff brought on his Trial: The Declaration being read, Counsellor Scroggs opened the Cause; and upon a Word in the Declaration, there was some Debate: But it was waved, the Declaration allowed, and the Scandalous Words in the Declaration proved. Mr. Attorney General moved, that the Witnesses might be heard, to prove the Pedigree upward; it being the better way to Satisfy the Court, and to Inform the Jury: And withal, said; That his Cliant had no better way to prove his Pedigree, but by his Action of Slander: For he hath delivered Declarations in Ejectment, in several Countries; and the Lands are all in great Persons Hands, which still delay him by Privileges. Then was the Pedigrees delivered to the Judges. But the Lord Chief Justice said; What need we trouble the Court, to Examine all these Witnesses, if there be no Lands? Therefore, let us see first, what Lands there are, to make good the Declaration. The Plaintiff produced Records out of the Tower, and other Places; which made out, That the Lady Lucy's Lands in Cumberland, and other Countries, were settled upon the Heirs-Males of the Percies for ever, upon the Payment of Three Hundred Pound to the KING, etc. and Quartering the said Lucy's Coat of Arms with the Percies. Here the Defendant's Counsel started up an Attainder, which the Plaintiff's Counsel was not ready to Answer; the Plaintiff's Solicitor having made no Provision against the said Attainder; being confident, that Attainder could not Hurt nor Prejudice the Trial. And this caused the Jury to be with-drawn. The Jury appeared three several Times in this Cause; which was occasioned by the Delays and Privileges, which the Defendant sheltered himself under. The Plaintiff paid all the Jury, and the Ninety Pound was to be continued in Court, till there had been a Fair Trial: But upon a Motion of the Defendant's Counsel, there was a Peremptory Rule granted, to take the Money out of Court; which was accordingly paid to the Defendant. The Second Part of the Trial should have been had in Michaelmass-Term, 1678. while the Witnesses were in Town: But the Trial of Mr. Stayley prevented it; So that, the Plaintiff's Trial was put off till Hillary-Term following, viz. 27th. January, 1678. The Defendant's Counsel moved the Court the first Day of Hillary-Term, for a New Jury, and a longer Time; pretending, they had but Seven day's Notice: When in Truth, the Defendant's Attorney had a Month's Notice by the Plaintiff, and Twelve day's Notice by the Plaintiff's Attorneys Clark. Upon which the Court gave a Rule for Seven days longer, and for a New Jury; which was Appointed accordingly. Then the Defendant's Counsel afterwards moved the Court for a longer Day, by reason that their Writings were misplaced by the Fire in the Temple; which further Day was granted, till Thursday, the Sixth of February; and no Costs considered to the Plaintiff, for keeping his Witnesses in Town all that Time, notwithstanding the Plaintiff's Counsel moved for Costs. Note, The Lord Chief Justice Hales, in the Case of Percy Plaintiff, and Clarke Defendant: The Defendant's Counsel moved the Court for Seven Days time, pretending they were not Prepared: And the Rule of Court was to pay Thirtyfive Pound to the Plaintiff, to maintain his Witnesses in Town for that time; which was paid. Now, on the Sixth of February, 1678. the Trial came on again: The New Jury did appear; the Declaration was read; and Councillor Scroggs opened the Cause, as he did before. And one of the Witnesses was called to prove the Words: And when he appeared, the Court acknowledged, he had proved the Words sufficiently before. And the Defendant's Counsel made no Objection against the Declaration. So the Trial was to go on, where it broke off: The Records of the Patents in Queen Mary's time; one for the Barony, and the other for the Earldom, produced: And he that was the Clerk, that Examined them, appeared; but was not suffered to prove them upon Oath. Note, The aforesaid Clerk of the Rolls not appearing upon the last Trial, was the Cause of withdrawing the Jury. Then when the Court saw the Plaintiff was ready to Answer to their Objections, declared, That the Plaintiff was Descended Paramount the Attainders: And did own, the Attaint could not hurt the Plaintiff. Then Mr. Attorney General moved, as at the first Part of the Trial, That the Witnesses might be Examined, to prove the Pedigree. Whereupon, the Defendant's Counsel started up an Act of Parliament, concerning the Exchange of Lands, between King Henry the Eighth, and Henry Percy, the Sixth Earl of Northumberland, and others. The Plaintiff's Counsel replied; Here is the same Act, with several Save: That Saving of the Lady Lucy's Lands was read, till it came to Sir John Melton. Then The Lord Chief Justice replied; This doth not concern you: There are no Lands, but are all given away by that Act of Parliament. The Plaintiff humbly replied; The Melton's could not Claim, so long as there was an Heir-Male of the Percies living. And the Lady Elizabeth Percy, keeps in Possession of the Lady Lueies Lands; to which she hath no Right, as she is the Heir-Temale: For her Agents had Two Trials against the Tenants, and she was Overthrown in both. Therefore, the Plaintiff's Witnesses ought to be heard, that his Pedigree may be fully proved: This will wash the Scandal clear off the Plaintiff, from that Brand of an Imposture set forth in the Gazet; And present the Claimant's Cause fairly to the KING, and the House of LORDS. The Lord Chief Justice said; What will you prove the Pedigree for, when there are no Lands to support the Title? The Plaintiff replied; And what have we to do with Lands, if we do not prove the Pedigree? The Plaintiff prayed, That the Saving might be Read, concerning Lands; for which Sir John Coppleston is Trustee: Which Lands were begged of His Majesty; and kept under pretence, that there is no Heir-Male of the Percies living. The Lady Elizabeth Percy, claims no Right therein: But if she were in Possession of the Lands, she would endeavour to keep them; as they do by the Lands, claimed by the Plaintiff. The Plaintiff also prayed, The Record might be Read, concerning the Lands the Duke of Monmouth had Recovered at a Trial, against the Countess of Northumberland; under pretence, there was no Heir-Male of the Percies (which was not allowed by the Court to be read); although the Duke was pleased sometime to say, He had no Right to those Lands, if there was an Heir-Male of the Percies living. The Plaintiff produces the Patent of Restitution, in Edward the Sixth's Time, to Thomas Percy, the Son of Sir Thomas Percy, that Rebelled. Likewise, the Two Patents of the New Creation, of the Barony and Earldom, to Thomas and Henry; Granted by King Philip, and Queen Mary. And an Act of Parliament, in Queen Elizabeth's Time; which Act, if it had been Read, it would have Encouraged the Plaintiff's Counsel, to have pleaded an Abatement to that Act, profusely Condescended unto by Henry Percy, Sixth Earl of Northumberland; in the Time of King Henry the Eighth, when the said Earl had no Heirs-Males of his own Body. Two Orders of the House of LORDS: The First in King Charles the First, his Days: Then Resolved upon the Question, Nemine Contradicente; That no Person, that hath any Honour in him, and a Peer, may Alien, or Transfer the Honour to any other Person. Resolved, etc. That no Peer of this Realm can Drown or Extinguish his Honour, (but that it Descend to his Descendants) neither by Surrender, Grant, Fine, nor any other Conveyance to the KING. The Second in King Charles the Second Time; Resolved, and Adjudged, That no Fine Levied, or at any time hereafter to be Levied to the King, can bar such Titles of Honour, or the Right of any Person, claiming such Title under him, that Levied, or shall Levy such Fine. Moreover; Charles 2d. Act of Oblivion. The KING's Gracious Act of Free Pardon, Oblivion, and Indemnity at Breda; If it Extended to Rebels, than well may Royalists claim their Birthrights. By the Pedigree from Henry, the First Earl of Northumberland, to Josceline Percy, the Eleventh Earl of Northumberland: After every Rebellion in the Head-Line, there were still New Creations and New Restitutions in Blood, to the Heirs-Males of the Head-Line, that was Attainted: If so, then great Reason the Collateral Line, that proves Innocent; should claim their Birthright, after the Head-Line is spent. Therefore, it is requisite, the Pedigree should be fully proved up to his Great-Grand-Father. The Defendant's Counsel replied; We own your Pedigree, and your Title: But would not suffer any more of the Writings to be Read, nor the Witnesses to be Examined. The Plaintiff replied; What will the Owning signify, if you will not suffer him to prove his Pedigree? If you will not examine the Witnesses, be pleased to Confirm what you own, by a Rule in Court. The Lord Chief Justice thereupon said; Confirm, or not Confirm, the Declaration is naught: Discharge Blackeston from the Suit of Percy. Whereupon the Plaintiff was Nonsuited: And the Costs are Taxed to 100 Marks, without any Consideration of the Plaintiff's vast Charge he was put to, by the Defendant's Delays, and Puttings-off by Privileges: As by this, and the former Trials doth appear. ☞ And the Plaintiffs own Counsel are of Opinion; That there is no Relief in this Case at Law, but by Act of Parliament: And therefore, hath prepared his Bill; And prays, It may find Admittance. A Short ABSTRACT of the claimant's Proceed ever since the Death of Josceline Percy, late Earl of Northumberland. 1. UPon the 11th. of October, 1670. the claimant Landed in England: First applied himself to the Senior Countess Dowager of Northumberland; And she was pleased, to send him to the Junior Countess: And then it was Reported, she was with Child. 2. The claimant did then forbear, till Time made out to the contrary. And on the Third Day of February, 1671. he put in his Caveat and claim, as followeth: James Percy, Esq as Cousin, and next Heir-Male of the Right Honourable Josceline Lord Percy, and Earl of Northumberland, lately Deceased, doth claim the Title, Style, Honour, and Dignity of Baron Percy, and Earl of Northumberland, Cum pertinentijs; and the Annual Rent or Fee of Twenty Pound, wherewith the said Dignity and Honour was, and is Endowed, payable by the Sheriff of Northumberland, out of the same County: And humbly desires a Legal Trial of his Right herein; and that no Grant in the interim may be made thereof, being his Inheritance and Birthright. Dated under my Hand, this Third Day of February, 1671. JAMES PERCY. Copia Vera, Entered into the Signet-Office, at White-Hall. 3. He met with Mr. Henry Champion, and Mr. Orlando Gee, at Dr. Lamplughs; and prayed them, to inform him of his Great-Grand-Father: But they rather took Advantage of his Ignorance. But, Mr. Henry Champion did very honestly upon his Oath, at Sir John Coppleston's Trial, declare, That Sir Inglexam Percy was Married, and had Sons and Daughters; which did not only time, but fix the claimant's Pedigree. Sir Ingleram Percy being left out of the First Pedigree, did much Wildernize the claimant. 4. The claimant petitioned the KING, and his Gracious Answer was; God Forbidden, we should hinder an Heir; but that he should have the Benefit of the Law. 5. Also, he Applied himself to the Earl Marshal, supposing to have been Relieved by the Court of Honour; but his Expectations failed there. 6. Then he Applied himself to the LORDS, Spiritual and Temporal, Assembled in Parliament; and they likewise, upon the Motion of Sir Francis pemberton, Sergeant at Law, Counsellor for the Plaintiff, dismissed his Petitions; and so he was left to the Law. 7. Then his Solicitor advised the claimant, (by reason the Court of Wards was Dissolved by an Act of Parliament, 12. Car. 2. c. 24.) to Sue by way of Quo Warranto; and Presented it to the then Attorney General, but was not allowed: Whereupon no Inquisition, post mortem, was, or could be obtained, after the Deaths of the Two last Earls of Northumberland; viz. Algernoone, and Josceline; which, if it might have been had, this claimant, without doubt, or question, would have been found by the Jury, to have been the Cousin, and next Heir-Male to Josceline, the late Deceased-Earl of Northumberland. 8. Then the claimant applied himself to Sir Edward Walker, the KING's Herald at Arms; who was very Rough at first; but at last, was more Compliant; and did direct the claimant in his Pedigree. And on the Day that the Pedigree was Finished, the claimant went to show it him; and found him so ill, that he Died the next Day: And therefore, was prevented of his further Assistance. 9 The claimant's Solicitor abused him, and caused several Lands to be begged by several Persons, in the Name of the Duke of Monmouth, when he was in France: At his Return, the claimant went to Windfor, to tender his Respects to him; and to prevent Differences, being loath to contend against a Person of his High Quality. And he most Graciously Complied, and told the complainant; That he should have a Fair Trial at Law: And if the claimant proved himself Heir-Male, God forbidden, he should hinder him. Upon which, the Plaintiff returned with great Joy; posted away into Northumberland, and delivered Declarations in Ejectment, upon those Lands the Duke had Recovered of the Countess, upon pretence there was no Heir-Male of the Family of the Percies Living. But when the claimant was bringing the Trial on, Privilege was fet up: Whereupon, the claimant went to Mr. Rosse, the Duke's Secretary, to know, why it was so, when the Duke did promise, He would not stand upon Privileges; but a Fair Trial should be had? Mr. Rosse Replied, The Duke could not set aside his Privilege. To declare, how many Persons, and how oft the claimant hath been put off by Privileges, would be too tedious for the Reader. 10. When the Guardianship came to the Senior Countess Dowager the claimant writ to her, and Craved her Answer; and sent his Servant with the Letter, to Sion-House: And her Answer was, That she would not return any Answer in Writing. The claimant writ also to the Junior Countess, and sent Friends to Intercede. He likewise writ to Mr. Champion, and to Mr. Gee, and Mr. Clarke several times: And at one time, before the Trial with Mr. Clarke, they would have owned the Plaintiff, to set him up; but broke off upon Terms: Although the Plaintiff was forced to suffer a Nonsuit; yet that Trial, and the Opinion of the Lord Chief Justice Hales, convinced Sir Edward Walker, and the World. And this Clause is put in, merely to satisfy the World; Because some say, The Countess hath reported, what she would do for an Heir-Male, of a true Percy. Others report, That the claimant is so Stout, that he scorned to Apply himself to them. The claimant hath Submitted beyond Reason, Law, and Equity; God himself is the claimant's Witness: For, he hath set to his Seal a Crescent; a Badge, which belongs to the Percies Family, which he was Born into the World with; and is Descended of a Family, of near Thirty Generations: For William Lord Percy, was the Fifth Generation, and came in with William the Conqueror into England. And consequently, the claimant is by Matches, from Henry the Fourth Emperor, and of the Royal Blood of England, Legitimate by Father and Mother, Grandfather and Grandmother, great Grandfather and great Grandmother; as by the Oath of Mr. Henry Champion, in open Court: Whose great Grandfather, Sir Ingleram Percy, was the Third Son of Henry Percy, Fifth Earl of Northumberland. 11. It is to be observed, That at that very Trial, the Judgement and Verdict was Exemplified, under the Seal of his Majesty's Court of King's- Bench: When the Plaintiff, James Percy, had proved his Father Henry Percy Married Lydia Cope, his Mother, at Horton in Northamptonshire; and that they had two Children, Henry and Elizabeth, both Elder than the Plaintiff. This did abate the Scandal of Bastard and Imposture: And my Lord Chief Justice Rainsford, stood up, and said; Gentlemen of the Jury, This is enough to prove the claimant Legitimate: We know his Pedigree, and that it must be heard before others. It is humbly supposed, he meant, before the KING's most Excellent Majesty, and the Right Honourable, the LORDS and COMMONS Assembled in Parliament. Therefore the complainant, after almost Nine years' Prosecution of his Right, is forced, in order to satisfy all Impartial Readers, to present this his Case to the Public View: If by any means (for the Honour of Justice, which Establisheth the Throne, and every Freeborn Subject in his Right) he may be Restored to the Place and Seat of his Ancestors; there being many Precedents in his own Family, that of the Earls of Kent, and others of the like Nature. The PEDIGREE. HEnry Percy, First Earl of Northumberland, Created by King Richard the Second; Had Issue Henry, called Hotspur: Both Father and Son Attainted. Left Issue Male. Henry Percy, Grandson, was Restored by King Henry the Fifth; and made the Second Earl of Northumberland. Left Issue-Male. Henry Percy, Third Earl of Northumberland, taking Part with King Henry the Sixth, was Slain. Left Issue-Male. Henry Percy, Fourth Earl of Northumberland, after the Surrender of John Nevel, Lord Montague, was Restored; and was Slain, in Performing his Duty for King Henry the Seventh. Left Issue-Male. Henry Percy, Fifth Earl of Northumberland, left Issue Three Sons, viz. 1. Henry Percy, 6 Earl, Dyed without Issue. 2. Sir Thomas Percy, 2. Son, was Attainted, and Executed, in his Brother's Life-time. Left Issue-Males. Sir Thomas Percy, First Son, Created Seventh Earl of Northumberland, by Queen Marry, after John Duke of Northumberland was Beheaded: And left no Issue-Male. Sir Henry Percy, Second Son of Sir Thomas Percy, that was Attainted, as abovesaid, in King Henry the Eighth's Time, and was the Eighth Earl of Northamberland, and left Issue-Males. [Note, the Mistake:] Sir Richard Percy was this Henry Percy's Son. So that, Sir Richard is found too Young by the Great Pedigree, to be the Clavmant's great Grandfather. Henry Percy, 9 Earl of Northumberland, left Issue-Male. Algernoon Percy, 10 Earl of Northumberland, left Issue-Male. Josceline Percy, 11 Earl of Northumberland, Dyed, and left no Issue-Male. 3. Sir Ingleram Percy, Third Son, left Issue-Males. Henry Percy, Eldest Son & Heir, left Issue-Males. James Percy, First Son, Dyed without Issue-Male. Henry Percy, Second Son, left Issue-Males. Henry Percy, First Son, died Young, left no Issue. James Percy, the now claimant, second Son, hath Three Sons. ¶ It is to be observed, The Herald-Stainer in the First Pedigree, did leave out Sir Ingleram; and likewise at another Herald-Stainers, where the claimant found out the best In elligence: There he found that Leaf wanting of the Marriages of the Percies, which the Alphabet Directed unto; which much obstructed the claimant's Endtavours. Moreover, It is said in Printed Books; That Thomas Rebelled about the first Difference in Religion: But judicious Men judge, it was the Profuseness of his Brother, in endeavouring to give away that, which in Law and Equity he ought not to do: Doubtless, this did Aggravate. And upon this Consideration, was the Lands given back to the Sons. And if the Issue of a Rebellious Son be Restored, great Reason the Innocent should Enjoy his Birthright. And whereas there are divers Lands annexed to the Title, and settled upon the Heirs-Males of the Percies for ever; which Lands are wrongfully Possessed by the Females: And that by the Fraudulent Practice of his Solicitor, other Lands are Begged, Bought, Sold, and Exchanged: So that, no Decision can be had by Law. Therefore humbly prays, As he is yet a Commoner, and a Freeborn Subject of England, that he may be Relieved by Act of Parliament, as is usual in such Cases. By doing Justice in this your Day, may prevent the like Troubles from falling upon some of yours another Day. He humbly remains a Faithful Servant to God, to the King, & to his Country. For the want of the Court of Wards, and the Court of Honours, forced the claimant to Publish these Complaints. James Percy. This Following Account, I hope, will satisfy You, and the whole World. Worthy Sir, Consul Tooker informs me, that you declare, that if you were satisfied in my Pedigree, you would use your uttermost endeavour for Justice and Truth: Sir, When I Lodged at Doctor Chamberlines, you came to me, and informed me of William Percy; I than took two Witnesses, and went to him, and said, Cousin, I know myself to be next if Kin to Earl Percy that is dead, but cannot make out my great Grandfather; I pray tell me, whom do you Claim under. He said, My Father's name was Henry Percy, and my Mother's Name was Mary Varnun, that lived with Madam Cope in Northampton- Shire. James replied, My Father's name was Henry Percy, and my Mother's name was Lydia Cope, and Dame Cope her Mother, was my Grandmother: William replied, Certainly you are my brother; for I was told I had a brother living, but where he lived, and what became of him, I never heard till now. Col. William Ayrs said, What Henry Percy was your Father? and whose brother was he? William replied, he was the Earls brother, as the Agents told him; for he knew nothing but what they told him? James Percy replied; but my Father's Elder brother's name was James Percy, and was my Godfather, and he never had but one Daughter: and James my Uncle, and Henry my Father were the Sons of Henry Percy of Pavenham in Bedfordshire, and my Grandfather was sent out of the North in Hampiers to old Madam Vaux in Northamptonshire, when the Percies were in trouble in Queen Elizabeth days, and it is my Grandfather's Father I cannot find, which would fix the Pedigree: Insomuch, as the Counsels were at a stand; but was of Opinion, that by fixing on a wrong Person, was the only way to find out the Right. Note, that the aforegoing is enough to satisfy any reasonable man, that James Percy and William Percy must be brothers; for Henry Lord Percy was never Married. Now Henry the Father of this James was Married to Lydia Cope in the year 1614, as by the Register Book, and this True claimant James Percy was born 1619. And there was Henry and Elizabeth, both elder than James; then what signifies William the Son of Mary Varnun, who was born in the Year 1627.: which proves him an Aprentiship Younger; but if he proves his Mother Married to our Father, than he ought to go by the Name of William Percy; and if not Married, then to go by the Name of William Varnun. I should never have uncovered my Father's Nakedness, had not my brother (and wicked Agents, and men hard of belief) forced me to it; therefore mark well the following practices. 1. When James Percy the claimant was at a loss, and could not find his great Grandfather, than the Agents put William Percy to Claim under Henry Lord Percy, Algernoon the Tenth Earls brother. 2. When James Claimed under Sir Richard Percy, than they put out a Pedigree, pretending to undeceive the people; and there my younger brother is pretended to descend from William Percy the elder brother of Sir Richard Percy; so cunningly placing of the Younger brother, before the Elder, the more to wildernize the elder brother, and amuse the World. 3. When the Trial was to be had against Clark, than they would have owned the Claimant James Percy, and set him up in all haste; as the Book relates more at large, at the Trial before Judge Hales. 4. Further; to keep the Elder brother James Percy in darkness, the Leaf in the Herald's book was rend out, concerning the Matches of the Percies. 5. The Herald that drew the first Pedigree left Sir Ingleram Percy out; yet by Judge Hales direction, and Sir Edward Walkers, and the help of Friends, the Truth was found out at last according to the Counsels direction; notwithstanding their setting him forth in the Gazzets to be an Imposter. 6. When he first went into the North, to deliver declarations in Ejectments, James Percy the claimant, was poisoned at New-Gastle; &, at York, was arrested on two several Actions of 20000l. each Action: & for the bits & half Trials, I have at vast Charges and pains obtained, I refer you to the Book, wherein is not a Tithe of the Complaints and Wrongs done and Committed by the Agents. 7. Remember how Clark died in the North, and how Mr. Champion died in the South, who did to his power blindfold the Truth; Note also, after Clark's Trial, I went to Mr. Champion's house at Thistleworth, and told him, That God would revenge my innocent Cause; for certainly there would a Curse attend such horrid practices so unjustly continued against the True Heir that was owned by Judges and Juries: and all wise men that understand what they read, may easily discern Truth from Falsehood: & to that end doubtless, the great God hath set to his Seal, the Half Moon, (a badge belonging to the percies) a Crescent or Mole upon the True brother, and Heir of the Percies. Now if men will be of such hard belief, God will show Wonders, before Truth shall be Overthrown and Trampled under Foot. This acount, I hope, will confirm your Judgement, and cause you to embrace the Truth. Take these further Arguments and Reasons. MR. Henry Champion owns, that Henry Percy that lived with my Lord Bacon, was the right Heir, had he lived; and that William was his Son: So Mr. bushel and Mr. Fleetwood would often tell me, the claimant James Percy, that they were fellow-servants with my Father, Henry Percy; and have often heard Joscelin Percy, and the rest of those Eight brethren, call Henry the Father of James Cousin, and were wondrous familiar when they met at my Lord Bacons; Had that Lord continued in prosperity, Henry Percy his servant, had not known so much misery, nor James Percy (Henry's Son) had not run through the Gauntlets of extremities. Mr. Champion could have done Justice at that meeting at Doctor Lamplues, if he had pleased; but he rather takes advantage at the claimants weakness. We shall say no more of him, but he that blows out his Neighbour's Candle wilfully, may want light justly, before he dies. Furthermore, it is well known, that Henry Percy, the Father of James and William, took his wife Lydia, and her Children, and carried them to Dunington in Lincolnshire, and there left them; and then took Mary Varnun (the Servant of Dame Cope) and carries her to London; at which old Henry the Nineth Earl was Angry; if things had been right, he would have scorned to have seen William to have been brought up by the Parish. Had Justice Scroggs suffered the Witnesses, to speak at the Trial, it would have been sufficiently proved, that James Percy and Henry Percy were brothers; and the Son's of Henry Percy, that was sent out of the North in Hampiers, and was so owned by Henry the Nine Earl, and his seven brethren, and did oft visit each other. Furthermore, Algernoon the Tenth Earl, did own James, the Uncle in Ireland, to be the next Heir, if his Brother Henry Lord Percy, died without Issue Male of his Body, [Note, Josceline was not then Born] and sent James Percy, the Uncle of James the claimant, 100 l. into Ireland; and likewise, did often own James Percy, the Trunckmaker; and give him money, and acknowledged, That he was the next Heir-male, if his Son should die, and leave no Heire-males of his Body. Moreover, Henry Lord Percy (brother to Algernoon) the tenth Earl, did declare on his Deathbed, that James Percy a Trunckmaker, was the next Heir, if his Brother's Son should die. And also Joscelin the eleventh Earl beyond Sea, did declare, upon his deathbed, That James Percy the Trunckmaker in Ireland, was the next Heir-Male, if he were living; and Cried out, Oh that he were here now. And as for William Percy, alias Varnun, he was never owned by any, but Mr. Champion, who endeavoured to act the part of jacob's Mother; Had Henry Percy (the Father of James the claimant) lived in these times, he needed not to have Fled for his Crime: Can James Percy have had a fair Trial, he would have printed no more. But, when you came first to me, I shown you a Mould like a halfmoon upon my Body, (born into the World with it) as hath been the like on some of the Percy's formerly; now, search William Percy, and see if God hath marked him so; surely, God did foresee the troubles, although the Law takes no notice: But God makes a true decision, even as he was pleased, to make Esau hairy, and Jacob smooth; if I (like old Father Isaac) could not See (through the mist of Ignorance, and misguidements of Politicians) the right road of my Pedigree; yet now by Providence, I can (like old Tobias) see perfectly the Rebeccaical Actions, that hath been practised against me, and how they endeavour to steal away my Birthright, and my Blessing too. And since it is your desire, to be satisfied, be pleased patiently to hear a little of my Solicitors Treacherous Practices, as Mr. Champion was pleased to say to me in the Temple-Walks: Mr. Percy, who helped you to your Solicitor? I replied; I believe yourself, or the Devil sent him to me. This Solicitor Mr. Tho. Swayne, persuades me into Articles; then carries me down to Pimborne in , to his own House, pretending to carry me to old Mr. Roger's of Canington in ; saying, He did not doubt, but upon reasonable terms, to prevail with the old man, to put me in possession of the Estate, in his life time. But when he had put me to so vast Charges, than he pretended, he might get his Brains beat out; for he was informed, he was an Old Cross Fellow, and therefore he would not go. The next Project he had, was, That I had great Persons to deal withal; and I must get Courtiers that were in the King's Favour, and he was well acquainted with them; but he would apply himself first, to the Lord Newport, and propound a Match for one of his Daughters, to my Eldest Son; but instead of the Match, the Lord Newport had begged the Lands, for the Duke of Monmouth; when in truth, the Duke was in France; and Cannington Lands was begged by other Courtiers, by the Contrivance of the Solicitor; unknown, and altogether against the Opinion or Consent of James Percy, the Claimant; and when the Solicitor saw the Cliant so enraged; saith he, The Lord of Newport can do what he pleases with the Duke of Monmouth; so that the Duke upon the Match, should return the Lands again. But when Percy would not be satisfied, than Swain would meet with him at my Lord Newport's Lodgings, at Whitehal: Percy met at the Hour appointed, (Swayne being then with the Lord); but Percy was denied. The next day, Swayne gave Percy a Letter to the Lord, to satisfy himself. The Lord answered him, Mr. Percy, You must believe your Solicitor. But being earnest with my Lord, he replied; Mr. Percy, If you will trust to me, I will be your Faithful Friend: But the Truth is, I dare not appear publicly for you, I am so near related to that Family. Whereupon Percy replied; Nay, my Lord, if you dare not appear publicly for me, I dare not trust you privately: So prayed God to Bless him, and took Leave to departed. Then Swayne the Solicitor, contrived three Suits at Law, against Percy his Cliant, which lasted Three Years; and Percy cast Swain in all the three Actions, but could not catch him for his Costs. And now the Duke of Monmouth hath Sold those Lands that was begged, and was worth Nine or Ten Thousand Pound per annum, for Twelve Thousand Pound: But Six Thousand for the Duke's part; and the Lord Newport, and others, had the Remainder; as the claimant is informed. Note, In that Act of Parliament, which Henry Percy, Sixth Earl, was so profuse, in Letting long Leases to his Servants, Tenants, and others; and Exchanging those Lands, which of right he ought not to do: Yet there was many Save in that Act, which was settled upon the Heir-Males of the Percies for ever; which would not be suffered to be read at the Trials. But Learned Counsels were of opinion, That his settling the Lands in the Crown, was to ingratiate himself in the King's Favour; questioning not, but that the King would Restore all the Lands again to the Sons of Thomas that Rebelled, and was Executed in the Life-time of his Brethren: And his Sons was a Bar to Sir Ingleram Percy, the Younger Brother; or else, Sir Ingleram, without all doubt, had been immediately Seized of the Estate, after the Earl, his Elder Brother's Death: For Thomas his Attaint, did not prejudice the Elder Brother, nor hurt the Younger Brother; He only Corrupted his own Line. Now, Mr. Clark, Mr. Champion, and Mr. Gee, did make use of their time; and by Favour, possessed themselves of most s of those Lands, as the several Leases and Lives were expired: And to continue those Lands, in policy they set up William Percy; thinking they might please him, as they do Children with an Apple. Had the Agents sent me Money, so often as they did William, they had done well; but opposing me (the True Heir) against their own Knowledge, they have done very unjustly: For Mr. Orlando Gee well knows, I made my Claim at Petmouth, in the Year 1654. I am your Cordial Friend. J. P. SIR, I Have, according to my Promise, given you a true Account; as I did at first, when I was ignorant, and could not make out my Great Grandfather, to fix my Pedigree. But when Mr. Henry Champion, at Sir John Coppleston's Trial, was forced upon his Oath; then he confessed, that Sir Ingleram Percy (who was hid from me before) was Married, and had Sons and Daughters. Mr. Champion knew this, when the Letters and Money was sent to my Brother William. I wonder, a Wife Man as you are, should be so deceived by him: And the World may wonder at me, that have traced their Treacheries, and dissembling Actions; and found them out so, as it will continue to their shame, another Day. Had the Agents been true to themselves, they should have acted the Honest Part; as Mr. Champion was once about to do, at my first Coming over. For, he came to me, and said; Mr. Percy, Will you own the Old Servants? I replied, According as they shall deserve. And then Mr. Gee came to me, and said; Was you the Man, that came to Petworth, in the Year 54? And with the Circumstantial Remembrances I gave, silenced him. Truly, I am ashamed to declare their unworthy Actions, and what they have forced me to. Now, suppose they had proved Mary Varnon Married; yet I was seven Years elder. But to put up a poor indigent Man, a Journy-man-Glover, & Christening his Children, to deceive the World; and to slight the true Heir, because I was a Trunckmaker: The Trade is Good; and by God's Blessing, it hath given me Bread in the Extremity of my Travels, till I obtained the Merchandizing Trade: And can make my Three Sons Freemen, & Merchants of London, and Dublin in Ireland, and of Norwich in Norfolk; and have likewise Trained them up to Handycrafts: So that, if they fail in the Mystery of Merchandizing, they may (with God's Blessing) Live upon their Ingenuity. Yet, one word more, in my Father, Henry Percy's behalf, by way of Comparison. There was one of the Female Sex, that was addicted to Venery; and a Person of Quality, being over seen, had to do with her; and she laid the Child to him, though some other might have got it: And such People are not much to be blamed, for getting the best Father they can, for the Child. To conclude: I must not forget to tell you, what the Agents are doing now amongst the Tenants, as I am informed: They call all their Courts for the Lord Ogle, by the Name of Percy; and informs all the Tenants, That James Percy (the Ten Years claimant) is Run away: But by God's Providence, I remain at Mr. Ralph Carter's House, a Trunckmaker in Fleetstreet, over against Serjeant's- Inn: where the Messenger may find James Percy, to Serve the King's Royal Writ of Summons upon. Since I saw you, I presented a Petition into the King's sacred Hand: And His gracious Answer to the Master of Request, was, as at the Beginning, when I first Petitioned the King; whom God Bless with long Life here, and Eternal Happiness hereafter. You will find the Petition and Answer, in the First Sheet added to this Book. If a Tinker was taken in his Travels, a labourer from under his Hod of Mortar, and a Sawyer out of the Saw-Pit, to Enjoy their Birthright and Inheritance; then, Why may not James Percy, the true Heir to the Earldom of Northumberland, be called from a Trunck-makers House, to take his Place and Seat, in the Right Honourable House of PEERS; according to his Birthright and Title. YOu was pleased to tell me, That Disgust was taken against me, for the Verses I sent to the Countess. I must confess, I writ them in a great Passion; because the Countess would not vouchsafe to speak with me, but peeped through the Window at me. And because I begun with a Verse, I will end with a Verse; by reason the Countess shall see, I am still the same Man: And so, leave the Cause to GOD, to the KING, Parliament, and People, to Judge, whether Pought to lose my Birthright, for so small an Offence, as these following Verses. Wealth is the Giant grown so high, That can a Percy now defy: Though, like David, with Sling and Stones, Shows Great Champion's Blood and Bones. Saul seeking Asses, Kingdom mes; James seeks his Right, finds Foes too Great. Pray God give me a Zealous Heart, That I may seek the Better Part: Then shall I Sing his Praises clear; Scorn to peep through a Window here. This is done, that it shall be said, A Percy Lives, though Josceline's Dead, Resolved I am, to spend my All, Before a Percy's Name shall Fall. If the afore said Verses gave Offence, I hope these following Verses will not. An Impostor is a Base Name; By doing Justice, clears the Shame: And blows away the Clouds so high; Makes Truth shine clear, as Sun in Sky. I trust in God, that can Restore, If not on Earth, to Heaven's Shore. FINIS. 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 Cunnington 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 5 th'. 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 11th. 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. I. 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 forth with 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. depiction of half-moon 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 Excellant 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; 〈◊〉 that They ●ay 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 Soroggs 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 Summous) 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 Gifts; 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 Affidavits 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 hite 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 wac 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 he whom I trust in, is greater than they, 5 Eccles. ver. 8. ☞ NOw in these our days there is no Prophet God, 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 bold 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 Reequests then in w●iting▪ 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 n●t 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 modernize the Claimant in his Proceed, and to less than nine several Persons have stood upon and been sh●●ter'd 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 〈◊〉 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. Bla●kston 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 Birthright, 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 claimant 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.