To Our Royal King's Sacred Majesty, the Right Honourable House of Lords Spiritual and Temporal, and to the Honourable the Commons of ENGLAND Assembled in PARLIAMENT, The Humble Complaint of JAMES PERCY Claimant as Cousin and next Heir Male to JOSCELIN PERCY Late Earl of NORTHUMBERLAND, Deceased, Humbly Sheweth, THat this following printed paper was prepared since the last Sessions of Parliament; and the first of them was presented into the Kings sacred hand: and it was only intended to inform the world, that the Claimant JAMES PERCY still continues his Claim, notwithstanding his Adversaries set him forth as an Impostor in the gazette. Upon a trial had at the Kings Bench Bar the 15th. day of April 1676. It was positively proved by able and substantial Witnesses, that James Percy is Cousin and next Heir Male to Joscelin Percy late Earl of Northumberland, Deceased. Notwithstanding that Illegal publishing him an Impostor in the gazette, not only in the English, but in the French Tongue also. And the Countess of Northumberlands Agents did second the gazettes; for in their Courts they gave in special charge to the Jury, to take notice of one Percy a pretender to the Title, but his Name was not so, for he was a Deceiver, an Impostor, and a branded Person, with many more reviling words: Truth is, by Gods Providence, he was born into the World with a Mole like a Half-moon upon his Body, therefore no Brand, but it signifies a Crescent, which belongs to the Percies Arms; And it is reported he is not the first that hath been so born of that Family. But when Mr. clerk the Defendant, the Countess of Northumberland her chief Trustee, saw their privilege failed, and the trial must be had in Trinity Term 1674. then the Defendants Counsel did offer Percies( the Plaintiff) Counsel, if they would set aside the trial, they would own the Plaintiff James Percy to be the true Heir, against all opposers, and assist him with their Pedigree, Books and Records; and when the Counsels were met, it was demanded what Security would they give to perform their promise: They replied, Percy must take their words for the performance thereof; But Percy replied, no, he would have the trial, if it was but to wash that Dirt off, which the gazette, and their evil Actions had thrown upon him: But at the trial his Witnesses not appearing, he was forced to suffer a Non-suit, yet it was by the advice and favour of the Court; For the Lord Chief Justice Hales stood up, and said, That the plaintiff had proved himself a true Percy of the Blood and Family of the Percies of Northumberland, Legitimate by Father, Mother, Grandfather and Grandmother, and they did verily believe that he was Cousin and next Heir Male to Joscelin Percy the late Earl of Northumberland; only they feared he had taken his Descent a little too low; and so it fell out: And no wonder, considering how the Claimant hath been misguided, and how ignorant he was in his own concerns. But now his Great Grandfather is proved, by one that kept the Percies Books and Records, That the plaintiff having fully proved his Pedigree; by advice of Counsel it was thought good to proceed no further: First, by reason the Estate must attend the Title. Secondly, the plaintiff was not prepared; For the defendant had the Books and Records. To make things clear to the world, and to demonstrate our Most Gracious King, and the Duke of Monmouths Innocency, and to satisfy all Loyal Souls, and true hearted Subjects; and to stop the mouths of all those that are subject to mutter and murmur, before they understand the Cause. First, The Kings Majesties Gracious Answer to the Claimants several Petitions; was, God forbid that He should hinder an Heir, but that he should have the benefit of the Law. Secondly, Now the Query is of those People that are not easily satisfied; why then doth the King give the Estate and Title to the Duke of Monmouth and several others, that have begged of His Majesty? Answ. By the above Complaint, all Judicious men may easily perceive His Majesty hath been mis-informed: Nevertheless the King is so Gracious, that all his Gifts are Bounded so, as with a saving( if there be no Heir Male.) It is true, the several Grants and Patents: And the Power and Potency of those that are concerned. This makes Kindred and Friends, and Loyal and true Hearted Subjects, fear that Might will overcome Right: Moreover, it puts a Fear in some of his Lawyers, and some of his Counsels are fallen from his Innocent Cause, to the other side, which forces him to city this following President. The Kings Charter cannot enable the Pattentee to bring an Action which the Common Law allows not, Mich. 23 Car. B. R. For the King cannot alter the Common Law, or the Proceedings thereof, by Charter, for this were to usurp upon the Peoples Birth-right. The Actings of the Duke of Monmouths Agents, and the Countesses Agents, would be well considered and taken special notice of, for when privilege was in; they stood upon their privileges so, as the Claimant could do nothing; and now the Claimant James Percy hath proved his Pedigree, and was resolved to go on to a trial this Summer Assizes, with that svit he had commenced against those Lands the Duke had recovered of the Countess at a trial at the Common-Pleas Barr. But now Mr. Ross is dead, whom the Duke made Defendant in the svit; so that it hath given them a new advantage to delay, and it may be till privilege comes in again, by which means, the true Heir is forced to deliver new Declarations in Ejectments; and the Dukes Agents, and the Countesses Agents are most furiously driving on. As for the Duke of Monmouths Innocency, the Claimant cannot but make it known to the world, the Claimants solicitor propounds a Match betwixt a Lords Daughter and Percies eldest Son; pretending this would create Friends in Court; so this Lord and the solicitor contrived the Business, so as the Lands were begged in the Duke of Monmouths Name: When in truth the Duke was in France; therefore supposed, the Duke then knew nothing of it; and as for Percy it was altogether unknown to him, and quiter contrary to his mind; for Percy being angry with the solicitor, said, This is a strange way of creating Friends, it will the rather multiply Enemies: for how shall we be able to contend against the Duke of Monmouth? saith the solicitor, my Lord and the Duke is all one, and the Lord durst not beg it in his own Name; and therefore made use of the Dukes Name; but upon the Match the Duke would return the Lands again; but what the Claimant feared, came to pass; for they pretended that all the Lands were but begged in Jest; but they endeavour to keep them in Earnest. It is the Lord that turns the Hearts of Kings at his pleasure: and puts the balance of Justice into their hands; and gives them wisdom to discern between Truth and falsehood, and he doubts not but as God hath restored our Royal King, even when our stock of hopes was almost spent; so in Gods due time the King will be Graciously pleased to restore a Loyal Subject, even when his stock of Patience and Estate too is almost spent; he hath been 6 years on this Concern; as the Moon is counted the Faithful Witness among the Planets of Heaven; so may the Percies prove Faithful Subjects among the Peers on Earth: And that they may with a good Courage stand up for the Glory of God: The Honour of the King: The good of the Country: And every ones Birth-right, as well as their own: And God will bless and prosper those people, that shall pray with a good Heart, That the Kings just Rights, the ancient Laws of England, and the Percies Name may continue to the worlds end; For his Name is proved James Percy; Legitimate, and next Heir Male, rightly descended in a collateral Line to the Percies of Northumberland. Now it may well be remembered, that the former Printed Papers that was presented to the Honourable House of Parliament, that in them the Claimant James Percy, prayed that no Act might pass the two Houses of Parliament concerning the Title, and the Estate belonging to the Earldom of Northumberland, until the Claimants Right, Title and Pedigree was fully tried, and proved, whether he was the true Heir Male, rightly descended in the collateral Line or not: and also he did set forth how dubious it was for the Claimant to prove his descent: and also further Prayed, that the Parliament would be Graciously pleased to take it into their serious considerations, and to make some speedy provision herein by reason the Court of Wards is put down. And there is now in such Cases no Inquisitions post mortem in force: As was formerly in use: if a Court be put down, and nothing set up to preserve that which was good and convenient in it, it is very hard. And the Claimant hath found it so, and fears, the like may fall upon some of your Families another day, if it be not timely prevented; You may likewise remember, that the Claimants Cause was before the Honourable House of Commons; and upon the hearing, it was Adjourned for a further debate for a fortnight; and upon the very day appointed the Parliament was Prorogued, and therefore nothing was done. He therefore most Humbly preys, that the Kings Sacred Majesty, and the Right Honourable Lords Spiritual and Temporal, will be Graciously pleased to order, that a Committee of knowing, Worthy and Just men, of the Honourable House of Commons, may be Nominated and set apart, to sit, and moderately to examine the Claimants Witnesses, and that their evidence may be preserved, and stand upon Record; and accordingly to return their Reports; If the Pedigree of the Claimant be proved, that then the Claimant James Percy may be recommended by the Honourable House of Commons, to the Right Honourable House of Peers, to take the place and Seat of his Ancestors, according to his Birth-right and Title; and that the Lands which were begged, might be restored to the Title and Earldom of Northumberland again, without the extremity of Suits at Law. Delay of Justice is more Terror to a heroic Soul then Torments or Death; If he be the true Heir, why should he not enjoy his Birth-right, if his adversaries can prove him a deceiver, then give him the punishments due to an Impostor: he hath been now near seven years upon these concerns. If these complaints be put to a Period, and Justice and Right be obtained and had, He shall ever Pray, &c. JAMES PERCY.