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A54308 This book makes appear the claim, pedigree and proceedings of James Percy now claimant to the Earldom of Northumberland humbly presented to both Houses of Parliament. Percy, James, 1619-1690? 1680 (1680) Wing P1460; ESTC R30769 47,400 58

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lived and that William was his Son So Mr. Bushell and Mr. Fleetwood would often tell me the Claymant James Percy that they were fellow-servants with my Father Henry Percy and have often heard Joscelin Percy and the rest of those Eight brethren call Henry the Father of James Cozen and were wondrous familier when they met at my Lord Bacons Had that Lord continued in prosperity Henry Percy his servant had not known so much misery nor James Percy Henry's Son had not run through the Gantlets of extremities Mr. Champion could have done Justice at that meeting at Doctor Lamplues if he had pleased but he rather takes advantage at the Claymants weakness We shall say no more of him but he that blowes out his Neighbors Candle willfully may want light justly before he dies Furthermore it is well known that Henry Percy the Father of James and William took his wife Lydia and her Children and carryed them to Dunington in Lincolnshire and there left them and then took Mary Varnun the Servant of Dame Cope and carry's her to London at which old Henry the Nineth Earl was Angry if things had been right he would have scorned to have seen William to have been brought up by the Parish Had Justice Scroggs suffered the Witnesses to speak at the Tryal it would have been sufficiently prov'd that James Percy and Henry Percy were brothers and the Son 's of Henry Percy that was sent out of the North in Hampiers and was so owned by Henry the Nine Earl and his seven brethren and did oft visit each other Furthermore Algernoon the Tenth Earl did own James the Unkle in Ireland to be the next Heir if his Brother Henry Lord Percy died without Issue Male of his Body Note Josceline was not then Born and sent James Percy the Unckle of James the Claymant 100 l. into Ireland and likewise did often own James Percy the Trunckmaker and give him money and acknowledged That he was the next Heir-male if his Son should dye and leave no Heire-males of his Body Moreover Henry Lord Percy brother to Algernoon the tenth Earl did declare on his Death-bed that James Percy a Trunckmaker was the next Heir if his Brothers Son should die And also Joscelin the eleventh Earl beyond Sea did declare upon his death-bed That James Percy the Trunck-maker in Ireland was the next Heir-Male if he were living and Cryed out Oh that he were here now And as for William Percy alias Varnun he was never owned by any but Mr. Champion who endeavour'd to act the part of Jacobs Mother Had Henry Percy the Father of James the Claymant lived in these times he needed not to have Fled for his Crime Could James Percy have had a fair Tryal he would have printed no more But when you came first to me I shewed you a Mold like a half-Moon upon my Body born into the World with it as hath been the like on some of the Percy 's formerly now search William Percy and see if God hath marked him so surely God did foresee the troubles although the Law takes no notice But God makes a true decision even as he was pleased to make Esau hairy and Jacob smooth if I like old Father Isaack could not See through the mist of Ignorance and misguidements of Politicians the right road of my Pedigree yet now by Providence I can like old Tobias see perfectly the Rebeccaical Actions that hath been practis'd against me and how they endeavour to steal away my Birth-right and my Blessing too And since it is your desire to be satisfi'd be pleas'd patiently to hear a little of my Solicitors Treacherous Practises as Mr. Champion was pleas'd to say to me in the Temple-Walks Mr. Percy who helpt you to your Solicitor I repli'd I believe your self or the Devil sent him to me This Solicitor Mr. Tho. Swayne perswades me into Articles then carryes me down to Pimborne in Dorset-shire to his own House pretending to carry me to old Mr. Roger 's of Canington in Somerset-shire saying He did not doubt but upon reasonable termes to prevail with the old man to put me in possession of the Estate in his life time But when he had put me to so vast Charges then he pretended he might get his Brains beat out for he was informed he was an Old Cross Fellow and therefore he would not go The next Project he had was That I had great Persons to deal withal and I must get Courtiers that were in the Kings Favour and he was well acquainted with them but he would apply himself first to the Lord Newport and propound a Match for one of his Daughters to my Eldest Son but instead of the Match the Lord Newport had begg'd the Lands for the Duke of Monmouth when in truth the Duke was in France and Cannington Lands was begg'd by other Courtiers by the Contrivance of the Solicitor unknown and altogether against the Opinion or Consent of James Percy the Claimant and when the Solicitor saw the Clyant so enraged saith he The Lord of Newport can do what he pleases with the Duke of Monmouth so that the Duke upon the Match should return the Lands again But when Percy would not be satisfyed then Swayne would meet with him at my Lord Newport's Lodgings at Whitehal Percy met at the Hour appointed Swayne being then with the Lord but Percy was denyed The next day Swayne gave Percy a Letter to the Lord to satisfy himself The Lord answered him Mr. Percy You must believe your Solicitor But being earnest with my Lord he replyed Mr. Percy If you will trust to me I will be your Faithful Friend But the Truth is I dare not appear publickly for you I am so near related to that Family Whereupon Percy replyed Nay my Lord if you dare not appear publickly for me I dare not trust you privatly So pray'd God to Bless him and took Leave to depart Then Swayne the Solicitor contrived three Suits at Law against Percy his Clyant which lasted Three Years and Percy cast Swayne in all the three Actions but could not catch him for his Costs And now the Duke of Monmouth hath Sold those Lands that was beg'd and was worth Nine or Ten Thousand Pound per annum for Twelve Thousand Pound But Six Thousand for the Duke's part and the Lord Newport and others had the Remainder as the Claymant is informed Note In that Act of Parliament which Henry Percy Sixth Earl was so profuse in Letting long Leases to his Servants Tenants and others and Exchanging those Lands which of right he ought not to do Yet there was many Savings in that Act which was settled upon the Heir-Males of the Percies for ever which would not be suffered to be read at the Tryals But Learned Counsels were of opinion That his settling the Lands in the Crown was to ingratiate himself in the King's Favour questioning not but that the King would Restore all the Lands again to the Sons of Thomas
be known and to obtain a right Understanding Moreover if her Honor will be graciously pleased to hear me speak I could Propound that which would silence all our Differences For I am like my Cousin Henry Hot Spur who chose to lose his Life rather than to yeild to that which would abate his Honor and Resolution But when I find Justice founded upon the Basis of Reason then I shall by God's Assistance be found like a Jonathan to David In the mean time I remain Your very Loving Friend James Percy London June 14th 1679. I Lodge at Mr. Curtis his House in Windsor-Court in Mugwell-Street near Cripplegate I Write not as an Harbenger to prepare Provisions but as an Herauld to proclaim Peace to the Countess if she please For their Act of Parliament shall never pass Both Houses without Justice be absolutely Buried alive in this our Nation Ezek. 46. Vers 18. Moreover the Scripture saith Curse ye him that removeth his Neighbor's Land-Mark A Letter left at Suffolk-House for the Lord Ogle near Charing-Cross My Lord EVer since the year 1670. I have applyed my self not only in Person but by Letters and Friends as the Printed Lines sets forth And with two of my Youngest Sons did upon the 24th of June 1679. wait for an Answer But found Things not Performed as was expected Now My Lord by your Marrying my Cousin the Lady Elizabeth Percy you are become concerned And since I can no ways come to the Speech of her Grand-Mother be pleased that I may speak with you of Differences past and to prevent Differences to come God direct you even as he did King Solomon and young Daniel to do Act and stand up for Justice For which I have and shall leave no stone unturn'd till I find it According to this inclosed Print I am My Lord Your Honors most Humble Servant James Percy June 26. 1679. And Mr. Gee did declare to the Claymant under White-Hall-Wall That if they had thought he had had an Estate to have Supported the Title withal they would have Owned him long ago If he had not been call'd from his Merchandizing by God's Blessing he might have obtained such an Estate of his own as would have preserved a Percy from a Nevel's Lot For when Henry Percy Fourth Earl of Northumberland return'd then was he Created Marquess Mountague Mr. Champion that kept all the Records confest that there was above 4000 l. per annum to attend the Title before old Mr. Rogers dyed and then Canington and Rodaway Lands return'd to the Percies again And the Agents now hath no other way but to endeavour the Lands may be setled by Act of Parliament upon the Lord Ogle in the Name of Percy The true and real Intent of the Claymant is to satisfy King and Parliament so as Fraud may be prevented and a Royal Writ of Summons may be had to call him to that Seat and Place of his Ancestors Earls of Northumberland James Percy 10 Years Claymant prays for Justice To the KING' 's most Excellent Majesty the Right Honorable Lords Spiritual and Temporal and to the Noble and Worthy Commons of England Assembled in Parliament THis out-side Sheet was really prepared to add to this Book to undeceive King Parliament and People and to unmask the cunning Contrivances of Politicians who Published the Claymant James Percy in the Gazet to be an Impostor setting forth a Pedigree of the Claymant's younger Brother Mr. William Percy pretending to undeceive the People But their real Design was to wildernize the true Heir and amuse the World Notwithstanding the Claymant hath at the last proved himself the next Heir as by a Judgment and Verdict and recovered Cost as by the Verdict exemplyfied under the Seal of his Majesty's Court of King's Bench And therefore with Courage and a clear Soul demands the Place and Seat of his Ancestors as the true Heir-Male of the Percies and Earls of Northumberland And therefore the Lord Ogle that Marryed the Lady Elizabeth Percy ought not to Assume the Name of Percy nor have any Settlement of the Lands which attend the Title For the Agents did put in a Bill to the Right Honorable Committee of the House of Lords to be made an Act of Parliament for the Settlement of the said Lands And also pretended to Indemnify the Trustees But it is rather judg'd the real Contrivance of the Trustees was meerly to bring themselves off from giving an Account of the main Profits and the great Wasts that have been Committed ever since the Death of Josceline the late Earl of Northumberland which on the Twenty-First of May next will be Ten Years Not many of the Persecutions have been of that long Continuance An Act of Parliament may be sooner stop't but will be hard to Reverse though never so Illegally obtain'd This first Sheet added to this Book contains the last Petition to the King and a short Abstract of the several Tryals The Last Sheet was an Account to one that desired to be satisfyed by reason the Agents had mis-informed him But now he is really Convinced The Second Sheet was likewise prepared for the last Session of Parliament and sets forth the several Petitions Reasons and Transactions in the Late Parliament Pag. 1 2 13 14. The Three Sheets containing the middle of the Book wherein he Petitioned the the House of Commons for their Aid not any wayes intending to Relinquish his Right in the House of Peers A Narrative of the several Tryals and Proceedings in the King 's Bench before my Lord Chief Justice Hayles and the Lord Chief Justice Rainsford Pag. 3. The double Tryal before the Lord Chief Justice Scroggs Pag. 5. A short Abstract of the Claymant's proceedings ever since the Death of Josceline Percy late and Eleventh Earl of Northumberland Pag. 9. The Pedigree of James Percy which proves him to be Cousin and next Heir-Male to Josceline the late Earl and Heir-Male of the Body of Henry Percy the Fifth Earl of Northumberland Descended from Sir Ingleram Percy his Younger Son who was Innocent and his Issue remains untainted to this Day Pag. 12. THere was a Petition presented to the King and Council But the Result of the Board was The Cause lay not before them but before the Parliament And the Kings most Gracious Answer to the Claimants first Petition was God forbid we should hinder an Heir but that he should have the Benefit of the Law And now his Majesties further Gracious Answer is to this Last following Petition Presented into his Majesties sacred Hand the 21st of September 1679. as Sir John Birkenhead did inform the Petitioner this 24th Instant 1. As to the Writ of Summons to Sit in the House of Peers His Majesty replyes He cannot Grant it by reason the Cause had been before the House of Lords And that it must be Determined by them before his Majesty could Grant the said Writ of Summons 2. As for that Act of Parliament the Lord Ogle was indeavoring to
Issue-Males Henry Percy First Son dyed Young left no Issue James Percy the now Claymant second Son hath Three Sons ¶ It is to be observed The Herald-Stainer in the First Pedigree did leave out Sir Ingleram and likewise at another Herald-Stainers where the Claymant found out the best In elligence There he found that Leaf wanting of the Marriages of the Percies which the Alphabet Directed unto which much obstructed the Claymant's Endtavours More-over It is said in Printed Books That Thomas Rebell'd about the first Difference in Religion But judicious Men judge it was the Profuseness of his Brother in endeavouring to give away that which in Law and Equity he ought not to do Doubtless this did Aggravate And upon this Consideration was the Lands given back to the Sons And if the Issue of a Rebellious Son be Restored great Reason the Innocent should Enjoy his Birth-Right And whereas there are divers Lands annexed to the Title and setled upon the Heirs-Males of the Percies for ever which Lands are wrongfully Possest by the Females And that by the Fraudulent Practice of his Sollicitor other Lands are Beg'd Bought Sold and Exchang'd So that no Decision can be had by Law Therefore humbly prayes As he is yet a Commoner and a Free-born Subject of England that he may be Relieved by Act of Parliament as is usual in such Cases By doing Justice in this your Day may prevent the like Troubles from falling upon some of yours another Day He humbly remains a Faithful Servant to God to the King to his Country For the want of the Court of Wards and the Court of Honors forced the Claymant to Publish these Complaints James Percy This Following Account I hope will satisfy You and the whole World Worthy Sir Consull Tooker informes me that you declare that if you were satisfied in my Pedigree you would use your uttermost endeavour for Justice and Truth Sir When I Lodged at Doctor Chamberlines you came to me and informed me of William Percy I then took two Witnesses and went to him and said Cozen I know my self to be next if Kin to Earl Percy that is dead but cannot make out my great Grand-Father I pray tell me whom do you Claim under He said My Fathers name was Henry Percy and my Mothers Name was Mary Varnun that lived with Madam Cope in Northampton Shire James replyed My Fathers name was Henry Percy and my Mothers name was Lydia Cope and Dame Cope her Mother was my Grand-Mother William replyed Certainly you are my brother for I was told I had a brother living but where he lived and what became of him I never heard till now Col. William Ayrs said What Henry Percy was your Father and whose brother was he William replyed he was the Earls brother as the Agents told him for he knew nothing but what they told him James Percy replyed but my Fathers Elder brothers name was James Percy and was my God-Father and he never had but one Daughter and James my Uncle and Henry my Father were the Sons of Henry Percy of Pavenham in Bedfordshire and my Grand-Father was sent out of the North in Hampiers to old Madam Vaux in Northampton-shire when the Percies were in trouble in Queen Elizabeth dayes and it is my Grand-Fathers Father I cannot find which would fix the Pedigree Insomuch as the Counsels were at a stand but was of Opinion that by fixing on a wrong Person was the only way to find out the Right Note that the aforegoing is enough to satisfie any reasonable man that James Percy and William Percy must be brothers for Henry Lord Percy was never Married Now Henry the Father of this James was Married to Lydia Cope in the year 1614 as by the Register Book and this True Claymant James Percy was born 1619. And there was Henry and Elizabeth both elder than James then what signifies William the Son of Mary Varnun who was born in the Year 1627 which proves him an Aprentiship Younger but if he proves his Mother Married to our Father then he ought to go by the Name of William Percy and if not Married then to go by the Name of William Varnun I should never have uncovered my Fathers Nakedness had not my brother and wicked Agents and men hard of belief forced me to it therefore mark well the following practices 1. When James Percy the Claymant was at a loss and could not find his great Grand-Father then the Agents put William Percy to Claim under Henry Lord Percy Algernoon the Tenth Earls brother 2. When James Claimed under Sir Richard Percy then they put out a Pedigree pretending to undeceive the people and there my younger brother is pretended to descend from William Percy the elder brother of Sir Richard Percy so cunningly placing of the Younger brother before the Elder the more to wildernize the elder brother and amuse the World 3. When the Tryal was to be had against Clark then they would have owned the Claimant James Percy and set him up in all hast as the Book relates more at large at the Tryal before Judge Hales 4. Further to keep the Elder brother James Percy in darkness the Leaf in the Heralds book was rent out concerning the Matches of the Percies 5. The Herald that drew the first Pedigree left Sir Ingleram Percy out yet by Judge Hales direction and Sir Edward Walkers and the help of Friends the Truth was found out at last according to the Counsels direction notwithstanding their setting him forth in the Gazzets to be an Imposter 6. When he first went into the North to deliver declarations in Ejectments James Percy the Claymant was poisoned at New-Gastle at York was arrested on two several Actions of 20000l each Action for the bits half Tryals I have at vast Charges and pains obtained I refer you to the Book wherein is not a Tyth of the Complaints and Wrongs done and Committed by the Agents 7. Remember how Clark dyed in the North and how Mr. Champion dyed in the South who did to his power blindfold the Truth Note also after Clark's Tryal I went to Mr. Champions house at Thistle-worth and told him That God would revenge my innocent Cause for certainly there would a Curse attend such horrid practices so unjustly continued against the True Heir that was owned by Judges and Juries and all wise men that understand what they read may easily discern Truth from Falshood to that end doubtless the great God hath set to his Seal the Half Moon a badge belonging to the Percys a Crescent or Mole upon the True brother and Heir of the Percies Now if men will be of such hard belief God will shew Wonders before Truth shall be Overthrown and Trampled under Foot This acount I hope will confirm your Judgement and cause you to imbrace the Truth Take these further Arguments and Reasons MR. Henry Champion ownes that Henry Percy that lived with my Lord Bacon was the right Heir had he