To the Right Honourable Lords Spi­ritual and Temporal in Parliament Assembled.
The Humble Petition of JAMES PERCY.

SHEWETH,

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 Tryals at Law, where he is pro­ved a true Percy legitimate, and no Impostor, as once a Gazet published.

That through the high Priviledges, Policy and Potency of the Op­ponents, and Treachery of his Solicitor, and falling away of some of his Councel; all which occasioned Errors both particular and general.

That as William Percy, the Brother of the Claimant, was put up to ob­struct Proceedings; and now Francis Percy Stone-Cutter is cryed 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, &c. 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 above-mentioned 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 Tryal, ac­cording to the Prayer of the aforesaid Petition, so that the Pedigree of your Petitioner may be fully Tryed, with the two Writs of Error.

And your Petitioner shall ever pray, &c. JAMES PERCY.

Die JOVIS, 25 o. Novembris, 1680.

WHereas JAMES PERCY Esq hath brought two Writs of Errour 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 joyned: 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 Errour Respectively, Argued by Councel 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 Councel's Opinion, to prove the Pedigree, manifests Errours, Re­moves, Mistakes and Scandals; and makes a clear way to Justice.

Therefore the following Pedigree is prepar'd for the Right Houourable 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 dyed without Issue.
  • II. Thomas Percy, Married, and had Issue; But when Josceline Percy the 11th. Earl dyed; 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 dyed without Issue-male
    • Henry Percy, (Third Son,) Married, and had Issue 3 Sons (viz.) Henry, James, and Henry: But the two Henries dyed 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.
[figure]

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 Grand-son, Henry Percy.

A True Pedegree to prove the Claymant, 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 Claymant is Cousin and next Heir-male to Joscelin Percy the late and 11 th. Earl of Northumberland, Deceased.

[figure]

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 Katheriue, one of the Daughters and Co-heirs of Sir Robert Spencer Knight; by whom he had Issue.

1st. Henry Lord Percy, 6th. Earl of Northumber­land; who Dyed without Issue.

2d. Thomas Percy Knight, who was Executed; had to Wife, Eleanor, one of the Daughters and Co-heirs of Sir Gwichard Harbottle Knight; by whom he had Issue, Thomas the 7th. Earl of Northumberland, who was beheaded at York, and dyed without Issue-male; And Henry the 8th. Earl of Northumberland, whose Issue is incerted 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 Dyed at Hackny 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 Dudly Earl of Warwick, Viscount Lisie, Lord Basset and Tyes was intituled 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. Mary, was restor'd 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 Antient Patrimonies of the Earls remained, Seised, 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,) [Page 6]Conspir'd with Charles Earl of Westmerland, 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 dyed 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 en­joy'd 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 charg'd with Two Bullets, (before his Cause was heard, or that he was Arraigned,) in the Month of July 1585.

ARMS Quarter'd as before, Who married Katherine one of the Daughters and Co-heirs of John Nevel Lord Latimer, by whom he had Issue,

  • 1. Henry the 9th. Earl.
  • 2. Thomas, who dyed 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 Mothers 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 marryed Dorothy, Daughter of Walter Devereux, Earl of Essex; by whom he had Issue,

  • 1. Algernon, the 10th. Earl.
  • 2. Lord Henry, who dyed 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 Ma­jesties Forces for his Expedition 1640. and one of His Majesties most Honourable Privy Council: He marryed 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 dyed young.
  • 2. Elizabeth, who marry'd 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 testify'd upon Oath, at the Tryal between Ʋtting 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 Elizabeths 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 Ingelram's Lady, (the Mother of those Children, (must be related to Dame Vaux's Family.

The Countess Dowager of Dorset, Pembrook, 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 Percie's own Sister. And while the Claymant was with this Lady, enquiring and delivering Declarations in Ejectment, the Estate was all begg'd, as his printed Book makes appear more at large.

That which wildernized the Claymant, 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 Pedegree.

[Page 7] Henry, the eldest Son of Sir Ingelram marryed the Daughter of one Tibott, by whom he had Issue,

  • 1. James Percy, who dyed 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 dyed young.
  • 2. James.
  • 3. Henry, who dyed young. 1 Daughter, named Elizabeth.

James, the now Claymant, 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 Claymant 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.
[figure]

UPon a tripartine Exchange, the Countries from Trent, Sir W. Chur­chil's Histo­ry; fel. 257. to the North-ward, 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 fore-going 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 dyed 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 Bretheren, 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 satisfie all wise Men of the Truth of this Pedigree; As for the Claymant James Percy, he doth acknowledge the mistake of claiming under Sir Richard Percy, who was born Anno 1573. And James Percy, who was Unckle and Godfather to the Claymant, 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 Coun­cels 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 rent out of the Heralds book, and Sir Ingelram Percie's Name was quite left out of the first Pedegree, which wilder­nized the Claymant, and the Councels too, which forced the Claymants Councel to tell the Lords in Parliamant, that the Cause did not lie before their Lordships, but ought to be tryed before the inferiour Courts first; and if the Law could not end it, then 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 Lidia 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.

[Page 8] It is hoped that this just account will abate that mistake of Clayming under Sir Richard; for the Lord Chief Justice Hayls said at the first Tryal, 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 Tryal 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 Pedegree was fully proved at a Tryal before that Court. So that the Plaintiff ought to have had a Verdict then, when Mr. Henry Champion's Oath did perfect and fix'd the Pedegree as before-declared. And the Lord Chief Justice Scroggs, at the last Tryal a­gainst Blaickstone for Scandal, and the whole Court did own the Pedegree of the Plain­tiff, only said, The Declaration was nought. When in Truth it was debated and allow­ed at the first part of the Tryal; which is good Cause of Error. As the Claymant 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 Majesties long Life, and the Pro­sperity of Him, His Realms, and Kingdoms.

The above Claymant had two Petitions read in Council, 21 July 1680. (and rejected) It seems it was objected, that the Man whom the Claymant claimed under must be a Grandfather at eight years old. It is hoped the account aforesaid will justly satisfie and procure a right understanding at the second hearing before the Lords in Parliament And there being no president, as the Claymant 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 Claymant.

This Truth is as clear as the Sun at Noon-day, 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 Priviledges 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 begg'd, bought, sold and scattered. The undoubted Right, and next Heir-male of the Percies in Bloud, 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 Birth-right, Title, Estate, Preheminence, Priviledges, 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.

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