A Short Account of the Proceed of JAMES PERCY late of Ireland, inpursuance of his Native Right to the Earldom of Northumberland as Cousin and next Heir Male to Jocelin Percy late and last Earl Deceased, who at his coming into England, was informed, that the Countess was with Child, which prevented him for Entering his Claim until the Third of Feb. 1671. and then understanding the contrary, Entered it at Whitehall at the Signet Office, and hath used all Honourable and justifyable endeavours to accomplish his just Deuce for Three Years and upwards, as followeth. HE Petitioned His Majesty several times, not presuming to proceed any way without His Majesty's privacy, whose Gracious Answer was to the Master of Requests; God forbidden that He should hinder an Heir, but that He should have the benefit of the Law: In pursuance of which Answer, there was an Information (in the nature of a Quo-warranto presented to the Attorney General, which he refused to Sign, Declaring that He was Council for the Countess of Northumberland, and therefore prevented him from due course in Law. He Sued the Countess in the Honourable Court of Chancery; Who freely joined in Commission, and promised upon her Honour to put in her Answer; But not liking what his Witnesses testified and proved, She demurred; And his Council finding his Bill too short, advised him to pay the Costs, and proceed to Common Law. The Assizes was Twelvemonth there was delivered Three Declarations in Ejectment, one in Yorkshire, and one in Northumberland, and one in Cumberland; at his return the trusties came to his Council, and desired him to persuade his Client to go on with but one Trial for all, and that should include all the rest; Thereupon it was agreed to proceed upon that in Northumberland, by reason the Title was from thence; and accordingly Esq; Champion one of the Countess' trusties, was appointed to be Defendant. Hoping to make quick dispatch, presented the King and House of Peers with fresh Petitions, but the Signior Countess of Northumberland put in a cross and scandalous Petition to prevent the proceed of his Petitions, which caused him to swear 43 Witnesses at the Bar in his Vindication; and whereas his Council did not in due time appear, being pressed upon to examine Witnesses or be mute, to give that High Court content, then assembled upon that occasion, did by their Instance examine Four of his Witnesses, which cleared him from being an Impostor as her Petition did pretend; But when the Countess' Counsels had heard these Testimonies, and his Counsels, though late appearing, and desiring to hear the said Witnesses over again, her Council waved her Petition, (saying) they did not own the Granddaughters Right, as her Petition did pretend, but set up the King's Interest; but his Council gave them a check, (saying,) They ought not to plead for the King and the Subject both at one time; and also pleaded that his Petitions might be dismissed, and left to the Common Law; And his last Order in Parliament saith they were dismissed accordingly: But he must ever own and Honour the great Patience of the King's Cracious Majesty, and the Lords Committees in the absence of his Counsels. Since the dismissions of his Petitions, He endeavoured to proceed to Trial at Common Law according to the former agreement; and having obtained a Rule for Trial to be held at Newcastle this last Assizes, the junior Countess obstructed it by pleading her Privilege in these words following. For Mr. James Percy these. Mr. Percy. The Countess of Northumberland will not gratify such a Person as you by quitting her Privilege, therefore in the Cause upon the Ejectment betwixt Utting and Champion if you shall proceed is must be at your peril, for her Ladyship stands upon her Privilege. June 26. 1673. John Gee. The trusties did arrest him two several times when he did deliver the Declarations in Ejectment, in which they would never proceed, neither can he force them to it. He humbly presents these his Grievances as a desire of a general good of the Freeborn Subjects of England, to prevent the like troubles to such as shall succeed; and that the mature Wisdom of the Nation would take it into their serious consideration. When the Court of Wards was put down, all these Inconveniences were not foreseen; But had they considered, of some Office in the nature of the Court of Wards and erected it, it would have prevented troubles, past, present, and time to come: He is at the Law, but prevented by privilege. This one thing with the rest, to be seriously considered of, Esq; Champion, and Mr. Orlando Gee, the junior Countess of Northumberland's trusties, desired the Plaintiff James Percy to put a stop to the Duke of Monmouth's Agents Proceed, for they had a Grant, and the Patent was ready to pass the Seal; He replied he could not have worse enemies than they had been to him; it could do him no harm, for the King was so Gracious that He gave it with this Caution, if there was no Heir Male, though it hath passed the Seal; This is to crave a stop, that the Patent may not pass the House till a fair Trial at Common Law be had, to know whether an Heir or no Heir be; for He is resolved that Honourable Family and Name of Percy shall not be extinguished by a Gazette. Also there is other Estates in Reversion to the Percies after the death of Edward Rogers and his Heirs Males, which is fallen lately, and begged by others, that their Patent may be taken notice of, and prevented, that the Estate may not be scattered before a Family be extinct, As he humbly presents, so he is bold to declare himself a freeborn Native, and hath been ever a Loyal and Faithful Subject, and a great sufferer for the same: And if he should slight God's Providence, and neglect his own Birthright and Inheritance, he is not worthy to be called a Christian, but to be recorded for an Esau. I am Your Humble Servant, JAMES PERCY.