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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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Berkenhead and the Claymant's Councel to fix upon a Wrong Party as the only way to find out the Right and which in truth had the hoped-for Effect Nor is this an Objection with any knowing intelligent unbyass'd Person it being a thing frequently in practice in the Courts of Law Object II. The Obscureness of the Claymant and Meanness of his Profession having been a Trunk-maker Answ The Obscureness was as before is said from the Misfortunes and Difficulties of the Family of the Percies in the troublesome Times of Queen Elizabeth Nor is it any real Disreputation upon any Noble Family the supporting Families by Lawful Callings though never so mean being esteemed a Virtue by all virtuous Persons And it 's most frequent in the Noblest Families in Germany To Train up their Sons in the learning Handicraft-Trades Nor can any thing but Vice disparage True Nobility Besides the Matter in Controversie is not Whether the Claymant was of this or that Trade but Whether he be Cousin and next Heir Male to Joscelin Percy late Earl of Northumberland which he hath at several Tryals and in several Courts proved to full Satisfaction of the said Courts by all the Methods and Ways imaginable As by Proof of his Lineal Descent and the Ownings and Declarations of the late Earls of Northumberland Algernoon and Ioscelin That the Claymant by the Appellation of James Percy the Trunk-maker at Dublin was of the Blood and Family of the Percies and next Heir Male after the said Ioscelin to the Earldom and by divers other unanswerable Proofs This being the True State of the Claymant's Right and Title to the said Earldom and of the Means by which he has endeavour'd to Recover his said Right wherein he hath been obstructed by the Powerfulness of his Adversaries and the Corruption of his Agents He humbly submits to the Great Wisdom Honour and Justice of the King 's most Sacred Majesty and the Lords Spiritual and Temporal in Parliament Assembled and where it 's not possible there can be any Failer of Justice for Relief and Redress in the Premises To the KING 's Most Excellent Charles R. MAJESTY The Humble Petition of Charles Longeville Esq Cousin and next Heir of Henry late Earl of Kent Lord Hastings Longeville and Ruthin deceased Humbly Shewing THat Reginald Grey Your Petitioners Successor whose Heir he is was Seized to him and his Heirs as of Fee and Right of the Dignities of Lord Hastings and Ruthin That is to say of the Title of Lord Ruthin by descent from Roger Lord Grey of Ruthin his Father and being so seized was divers ●imes in the Reign of Your Majesties Royal Predecessors King Edward the III. Summoned into the Court of Parliament by the Name of Reginald Grey of Ruthin and accordingly sat therein and of the said Titles and Dignities dyed Seized and by divers mean descents the same Dignity descended unto Edmond Grey Knight who by reason thereof was seized of the Dignities thereof as of Fee to him and his Heirs and being so seized the said Edmond by the Name of Edmond Lord Hastings and Ruthin was by the Letters Patents of Your Majesties Predecessors King Edward the IV. Created Earl of Kent to him and to the Heirs Males of his body begotten and shortly after of the Dignities aforesaid dyed seized after whose decease the said Title of Earl of Kent and of Lord Hastings and Ruthin by divers Mesne Descents did descend and come to Sir Henry Grey Knight Cousin and Heir of the said Edmond By reason whereof he became of the said Dignities seized That is to say of the said Title of the Earl of Kent to him and to the Heirs Males of the Body of the said Edmond And of the said Title of Lord Hasting and Ruthin to him and his Heirs and thereof dyed seized by means whereof as the said Title and Earl of Kent is descended and come to the Right Honourable Anthony now Earl of Kent as Heir-Male of the Body to the said Edmond so that the said Dignities of the Lord Hastings and Ruthin are of right ●●●cended to Your Petitioner as Rightful Cousin and Heir of the said Reginald and Nephew and next Heir of the said Henry Earl of Kent That is to say Son and Heir of Susan late Wife of Sir Michael Longeville Knight Sister and Heir of the said Henry May it therefore please Your Excellent Majesty Graciously to give Command for Your Petitioners Summons to this present Parliament there to sit and enjoy the Place and Preheminences to the said Dignities to him descended and of Right belonging And Your Petitioner shall daily pray c. His Majesties Reference At Our Court at Whitehall the 25th of November 1640. WE are Graciously pleased to refer the Petition and the Consideration thereof and of the Petitioners Claim and Title to the Peers o● Our Parliament and Our Will and Pleasure That Justice and Right be done hereupon Order hereupon it was referred to the Commitee of Priviledges and the Lord Ruthin to have notice of it and a Copy of the Petition House of Lords The Opinion of the JUDGES of England in the Case of Charles Longeville Es Lunae 1st February 1640. THE Judges this day delivered their Opinion in the Case of the Lord Grey and Charles Longeville Esq concerning the Titles of the Baronies of Hastings and Ruthin 1. Whether a Possessio Fratris can be upon a Baronage by Writ And it was the Unanimous Opinions of the Judges That there can be no Possessio Fratris in Point of Honour And upon somewhat which was spoken of in the Argument concerning Power in Conveying away of Honour It was Resolved upon the question Nemene Contradicente That no Person that hath any Honour in him and a Peer may Alien or Transfer the Honour to any other person Resolved upon the Question That no Peer of this Realm can drown and extinguish his Honour but that it descends to his Descendants Neither by Surrender Grant Fine nor any other Conveyance to the King Upon which the said House Confirmed the said Opinion and did accordingly Order the Dignities to Charles Longeville Esq Veneris 5. die Febr. Sequentis Vera Copia Examinat ' per Original ' J. P. Die Martis 18. Junij 1678. FOrasmuch as upon the Debate of the Petitioners Case who Claims the Title of Viscount Purbeck A Question at Law did Arise Whether a Fine Levied to the King by a Peer of the Realm of his Title and Honour can bar and extinguish the Title The Lords Spiritual and Temporal in Parliament Assembled upon a very long Debate And having heard His Majesties Attorney General are unanimously of Opinion and do Resolve and Adjudge That no Fine Levied or a● any time hereafter to be Levied to the King can bar such Title of Honour or the Right of any Person Clayming such Title under him that Levied or shall Levy such Fine Vera Copia Johannis Brown Clerk Parl ' On the 9th day of January last 1685. KING Charles the Second of Ever Blessed Memory did then in Council direct That the Petitioners Cause should be fully determined in PARLIAMENT Therefore the Petitioner presented to His Most Excellent Majesty KING JAMES the Second the Claymants Petition with Precedents annexed wherein the Descent Property and Right by the Assent of His now Majesty He is become the next Heir-Male and Earl of Northumberland which Petition was presented into His Sacred Majesties hands the 26th of May 1685. By James Percy Who further Prayes That Your Lordships will be pleased to Intercede with the KING for a speedy Determination of this matter which hath been in Contest about Fifteen Years
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
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 Assembled Prov 8. 15. By me Kings Reign and Princes Decree Justice LONDON Printed in the Year 1685. HENRY PERCY Fifth Earl of Northumberland Married and had Issue Three 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 died without Issue-Male Henry Percy Third Son Married and had Issue 3 Sons viz. Henry James and Henry But the two Henryes dyed young James Percy the now Claymant 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 Claymant The following Account makes out this Pedigree fully from Henry Percy 5th Earl of Northumberland to the Claymant James Percy A True Pedigree 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 Pavenham in the County of Bedford who was the Eldest Son of Sir Ingelram Percy Knt. 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 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 ●●●herine 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 2. 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 Hackney 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 the VI. John Dudly Earl of Warwick Viscount Lisle Lord Basset and Tyes was Intituled Duke of Northumberland the 5th year of King Edward the VI. But when he was Dead Thomas Percy Nephew to this Henry by Thomas his Brother who was Executed In the Reign of Queen Mary was restored to all the Honours of that Family Thomas Percy Nephew to Henry the 6th Earl of Northumberland by his Brother Thomas when the stock of the Percies were fading to their Relief was invested in the Earldom of Northumberland which the Earl of Warwick held before and thereby was ●he 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 Conspir'd with Charles Earl of Westmerland to Depose by Force Queen Elizabeth So by Authority of Paliament he was Condemned for High Treason and as Chief in the Conspiracy was beheaded at York 14th Year of Queen Elizabeth That he Married Anne the Daughter of Henry Somerset Earl of Worcester and had Issue Male Thomas who dyed young and four 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 enjoyed those Honours by virtue of the Letters Patents given by Queen Mary to his Brother Thomas and was Created Earl of Northumberland Anno 1574. and 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 〈◊〉 Bryan and in his Mothers right Lord Latimer He was Knight of the most Noble Order of the Garter by Queen Elizabeth in the Year of our Lord 1593. Who Marryed Dorothy Daughter of Walter 〈◊〉 Earl of 〈◊〉 by whom he had Issue 1. Algernoon the 10th Earl 2. Lord 〈◊〉 who dyed without Issue Algernoon the 10th Earl of Northumberland Lord of the Honours of Cockermouth and Petworth Lord Percy Lucy Poynings Fitz-payne Bryan and Latimer Kinght of the most Noble Order of the Garter Lord Admiral of England and General over His Majesties Forces for his Expedition in Anno 1640. and one of his Majesties most Honourable Privy Council He Marryed Two Wives by the former he had four 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 Poyning Fitz-payne Bryan and Latimer Deceased Who Marryed Elizabeth Daughter to the Earl of Southampton by whom he had Issue 1. Henry who dyed young before his Father 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 was married and had Sons and Daughters as by the Oath of Mr. Henry Champion who kept the Percies Books and Records where he found