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 Title 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 Gazet published. That through the high Privileges, Policy and Potency of the Opponents, and Treachery of his Solicitor, and falling away of some of his Council; all which occasioned Errors both particular and general. That as William Percy, the Brother of the Claimant, was put 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, who 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 a 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 o. 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. 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. 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. 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 Katherive, 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 Iffue, 1. Anthony Percy, married and hath a Son (viz.) Henry. 2. Henry. 3. John. 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. Sir Ingelram Percy third Son had two Sons, viz. 7th. and 8th. Earls, Thomas, and Henry, first Cousins unto— Henry, Robert. 9th. Earl, Henry, and his Brothers, second Cousins unto— James, Henry. 10th. Earl, Algernon and his Brother, third Cousins unto— James. 11th. Earl, Joscelin, fourth Cousin unto— Anthony, Henry, John. The Lady Elizabeth Percy married to the Lord Ogle, 5th. Cousin unto— Henry. 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.