The further Proceed of Mr. JAMES PERCY since the Seventh of October, 1686.  
A Warrant to Search for Mr. James Percy Pedigree.  
I Do hereby Order and Appoint that the Officers of Arms do, at the ●●xt Chapter to be held in the College of Arms, Search what they have (if any thing) relating to 〈◊〉 Pedigree of Mr. James Percy, and Certify to me what they shall find touching this Matter. 〈◊〉 under my 〈…〉 Seal the 9th. day of October, 1686.  
To the King's Heralds and Pursivants of Arms.  
Norfolk, etc. Marsh. This Warrant was received into the Herald's Office the 12th. of October, 1686  
To Sir Thomas St. George, October 18th. 1686.  
Sir,  
AS I have obtained the Earl Marshal 's Order for a Chapter, which will be on Thursday next, as I am informed; therefore I humbly pray your Order of Summons in time, to attend the Chapter with my Witnesses and Proofs, to him who shall ever Pray and Act for Justice.  
James Percy.  
In Answer to this, they say, There will not so many Meet as will make a Chapter; which Notice is no way answerable to the Earl Marshal's Order to Them, nor Justice to Me, who have been kept out of my Just Right Seventeen Years come May next, by Privilege an● Delays.  
Now here lies my Cause; The Register Books of several Counties are here with me; and when my Trial is over, the Witnesses will be gone, and must take the Registers of their several Parishes back with them; moreover a Chapter before the Trial, brings things into their proper sphere; but a Chapter after the Trial, is like setting the Cart before the Horse.  
To the Duke of Norfolk.  
Great Sir,  
SIR Thomas Stringer presents his Service to your Grace, who, by reason of the Gout, cannot writ upon your Grace; therefore he hath directed me to declare the Matter of myself: I wait for Admittance and pray Audience, that I may Remain, Your Grace's most Humble Servant,  
October. 20th. 1686. James Percy.  
Finding the Earl Marshal to be gone into Norfolk, therefore I find I cannot expect a Chapter before the Trial; and that the Gentlemen at the Chapter Board may inform themselves at my Trial, the 4th. day of the Term, the 26th. Instant, I Subpaena them, that they may be able to give His Grace an Account, according to His Warrant directed to them.  
Sir Thomas St. George, Garter, King at Arms, Subpoena'd.  
〈…〉  
Sir John Dugdale, Norroy, the Subpaena with a Shilling left upon the Chapter Board for him.  
The 20th. Instant, I presented myself, with my Witnesses and several Registers, which they would not read, nor admit to come in; therefore the Heralds and their Books ought to be the more strictly inquired into, and when the Short Pedigree is fully Proved, than the Great Pedigree ought to be Confirmed accordingly; therefore pray the Order of Court to His Grace, the Duke of Norfolk, Earl Marshal of England, to Confirm the Pedigree of  
James Percy.  
John Percy, Plaintiff. Daniel Hew●t, Defendant.  
On the 26th. Instant, the Trial was put off till the 4th. of November, 1686, by reason the Witnesses at Perworth, the Herald's Books at Cambridge, and other Witnesses, did not appear. The Defendant's Council did insist upon the Misclaiming under Sir Richard Percy, which Error is owned by the Claimant: But the Herald's Books, and Henest Witnesses will remove that Scandal, so as the Plantiff's Pedigree will be proved clear from all Attainders, and to remain a Loyal Subject till Death.  
James Percy.  
October 28, 1686.  
AT a Chapter held in the College of Arms, it was there found, That Sir Ingelram Percy was the Youngest Son of Henry Percy, Fifth Earl of Northumberland; and that Sir Ingelrams. Sister, Margaret Percy, was Married to Henry, Lord Clifford, the First Earl of Cumberland.  
Then the Claimant offered to prove up to Sir Ingelram Percy, who had Henry Percy, who had Henry, who had James Percy the Claimant, by Register Books and Witnesses then attending upon the Chapter-Board.  
But Sir Thomas St. George, Garter, King at Arms, stood up and said, That they had no power to administer an Oath to any Witnesses at all, for that the Earl Marshal's Order was only to search for what they could find in the Herald's Office: Therefore what was Proposed, must be Proved at the Trial at Law.  
It is the Opinion of Council, that the Claimant should have a true Copy of the Account returned to his Grace the Duke of Norfolk, Earl Marshal of England, that those Honourable Judges at the Trial, may be throughly informed with the Truth of the Matter.  
October 29, 1686. Printed, and Presented to the Chapter-Board, by James Percy.  
John Percy, Plaintiff. Daniel Hewit, Defendant.  
THE Fourth of November, 1686. the Trial was had before Sir Henry Bedingfield, Lord Chief Justice of the Common Pleas; where it was moved, That the Plaintiffs Pedigree might be Proved, by reason Sir Thomas St. George, Garter, King at Arms, and Sir Henry, his Brother, Clarenceux, were present, to hear the collateral Line Proved by Witnesses and Register-Books, so as they might then have the Truth to inform the Earl Marshal of England what was found at the Law, as well as what was found in the Heralds Office. By which Answer to His Grace's Order, the Pedigree might have been Confirmed by a Chapter; but the Opinion of the Court, was, That the Settlement of the Lands must be Proved first; at which the Plaintiff replied, What signifies the Lands, if I Prove not my Pedigree: Then did the Plaintiff present his Records to Prove to that Effect, but the Councils would not offer them to be read, but pretended they was not prepared, which caused a Nonsuit.  
Nevertheless, Petworth is the Ancients Seat belonging to the percies; for that Estate is settled upon the Name of Percy, as Arundel is upon the Name of Howard.  
As the Council kept back the Record, which lost the Trial in October, 1681. so the Councils not putting forward the Record, caused the Nonsuit.  
The 90 Costs, so unduly got out of the Court by the Defendants, aught to be ●●●sidered to the Plaintiff that moderate 〈◊〉 〈◊〉 〈◊〉 taxed.  
Therefore the Plaintiff humbly and earnestly prays, that His Grace, the Duke of Norfolk, Earl Marshal of England, will be pleased to give His further Direction to His former Order, that the Chapter may inspect into the collateral Line, and see the Church Register-Books, and read his Depositions of his dead Witnesses, and hear the remainder of his Witnesses viva voce.  
☞ Whereas there is three Records lost: First, The Restitution of Thomas of Percy, Seventh Earl of Northumberland. Secondly, A Creation of the Baronies. Thirdly, The Creation of the Earldom of Northumberland.  
Pray deliver them to Mr. Hails, the Plaintiffs Attorney.  
Turn over.  
Printed the Sixth of November, 1686. by James Percy.