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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A35614 The case of James Percy, claymant to the Earldom of Northumberland with an impartial account of the proceedings he hath made in the several courts of justice in order to the proving and obtaining his right and title to the said Earldom : humbly addressed to the Kings Most Excellent Majesty, and the Right Honourable the Lords spiritual and temporal in Parliamnet [sic] assembled. Percy, James, 1619-1690?; Grey of Ruthin, Charles Longueville, Baron, 1618-1643. 1685 (1685) Wing C923; ESTC R219212 14,579 14

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of November 1678. the Tryal came on and after opening of the Cause the Defendants Councel took Exceptions to some Point in the Declaration which after a debate was waved the Action judged to be well laid and the scandalous Words proved Then the Claymants Councel proceeded to call Witnesses to pove his Pedigree upwards as being the better way to satisfy the Court and inform the Jury and that the Claymant could not possibly Arrive at any present better way to prove his Pedigree than by his Action of Slander For that the Claymant had before that delivered Declarations in Ejectment in several Counties but the Lands being all in the hands of great Personages stopt his Proceedings on such Ejectments by Priviledge which Candidness of the Claymants Councel was unreasonably made use of to the Claymants great Damage For hereupon Draughts of the Claymants Pedigree being delivered to the Judges the Lord Chief Justice Scroggs said What need you trouble the Court to Examine all these Witnesses if there be no Lands therefore let us see first what Lands there are Then the Claymant produced divers Records out of the Tower and elsewhere which evidenced that the Lands late the Lady Lucy's in Cumberland and other Counties in the Records especially named were Settled upon the Heirs-Males of the Percyes for ever tendring three Hundred Pounds to the King c. and quartering the said Lucyes Coat of Armes next their own and before the Percyes Here the Defendants Councel started up an Attainder of Sir Thomas Percy in King Henry the Eighth's time also his Son in the Reign of Queen Elizabeth which being new to the Claymant and therefore his Councel not prepared presently to answer time was given to the Clayment to Inform and prepare himself to answer that matter and a further day appointed for Tryal and the Jury then Sworn with-drawn and after that two several dayes appointed for Tryal and also a third day to wit the 27th of January 1678. But The first day of Hillary Term 1678. the Defendants Councel moved the Court for a new Jury and also for a further day for Tryal both which the Court granted Yet after all this the Defendant moved again for a longer day which was granted until Thursday the 6th of February Notwithstanding all which and that the Claymant had at a vast Expence kept his Witnesses in Town all this time yet would not the Court Award him any Costs ☞ Note In the Lord Chief Justice Hayles time it was otherwise for in the Suit brought as aforesaid against Clarke the Defendant moving to put off that Tryal for seven days on pretence he was not prepared the Court Awarded the Defendant to pay the Clayman● Thirty Five Pound Costs in respect of the Charge of keeping his Witnesses in Town before any further time given for Tryal and which was paid accordingly Sixth of February 1678. The New ●ury appeared and the Tryal came on again the Cause opened ●nd one of the Witnesses called to prove the Words who appearing the Court declared he had sufficiently proved them before So no Exception being made thereunto or to any matter in the Declaration by the Defendants Councel It was Agreed to proceed and take up the Case where they left at the former Tryal the 11th of November Hereupon Copys of the Records of the Patents in Queen Maryes time viz. One for the Barony and th● other for the Earldom were produced Upon this the Defendants Councel Objected the Attainder of Thomas Percy Against which the Claymants Councel insisted and Evidenced That the Claymants Descent and Claim was Paramount the Attainder and that the same could not in any sort affect the Claymant and which was admitted by the Court. This Point being thus Cleared the Claymant descended to Examine his Witnesses to prove his Pedigree but the Defendants Councel declared They admitted and owned the Claymants Pedigree and Title but that could not Affect the Lands for that by an Act of Parliament touching Exchange of Lands between King Henry the Eighth and Henry Percy the Sixth Earl of Northumberland and others the Limitations in the Settlement under whom the Claymant Claymed were destroyed But this Point being also answered as well by several Savings in that Act as otherwise and the Claymant Pressing That he might be permitted to Examine his Witnesses to prove his Pedigree and proceed in the Cause The Defendant then resorted to their first piece of Craft and Insisted upon a pretended Insufficiency in the Declaration and which had been debated and waved as aforesaid but the Lord Chief Justice Scroggs now falling in with them would not suffer the Claymants Witnesses to be Examined as to his Pedigree but on the contrary Cryed out The Declaration is nought the Declaration is nought whereupon the Claymant was driven to suffer a Non-Suit After this the Claymant brought an Ejectment for recovery of that part of the Estate belonging to the Earldom called the Lady Lucyes Lands and in 1681. brought the same to Tryal at the Kings-Bench-Bar where the Claymant fully proved his Pedigree and so was Declared by the Court But by the evil Practises of the Adversaries with the Person that managed the Cause for the Claymant and his not producing at the Tryal the Copy of the Grants made by Richard the Second to the Earls of Northumberland for want thereof and some other Records the said Agent was entrusted with by the Claymant the said Tryal passed against the Claymant The then Lord Chief Justice Pemberton standing up in Court and saying to the Claymant Mr. Percy Your Cause is ill managed suffer a Non-suit Note Through the like Practises and evil Dealings of another of the Claymants Agents one Mr. James Hooton the Claymant lost the benefit of two Writs of Error brought in the House of Lords By these Methods the Claymant proceeded in the Courts of Law singly Now for Equity and Law together The Earldom of Northumberland being heretofore endowed by his Majesty's Ancestors with an Annual Rent or Fee of Twenty Pounds per Annum payable by the Sheriff of Northumberland out of the County In order to the Recovery thereof and Affirmance of the Claymants Title he exbibited his Bill in his Majesties Court of Exchecquer against Edmond Craister Esq the then Sheriff of Northumberland for Recovery of the said Twenty Pounds per Annum not in the least doubting but to bring the Merits of that Cause to a speedy Issue but on the contrary notwithstanding the Sheriff was otherwise an uninterressed Party then only as the hand to pay the Twenty pounds per Annum to the Claymant and have it again allowed in his Accounts Yet the Spirit and Practises that had hitherto opposed the Claymant in his Prosecuting his just Right in the Courts of Law appears in this also and that the World may see it plainly take this following Account of those Proceedings viz. In Trinity-Term 1682. The Bill was fyled against Mr. Craister who appears but sits in Contempt for