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<DATE>2014-08-11</DATE>
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<NAME>TCP Staff (Michigan)</NAME>
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<STC T="G">190.g.13[392]</STC>
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<DIV1 TYPE="petition">
<PB REF="1">
<HEAD>To Our Royal King's Sacred Maje&s;ty, the Right Honourable Hou&s;e of Lords Spiritual and Temporal, and to the Honourable the Commons of ENGLAND A&s;&s;embled in PARLIAMENT, <HI>The Humble Complaint of JAMES PERCY Claimant as Cou&s;in and next Heir Male to JOSCELIN PERCY Late Earl of</HI> NORTHUMBERLAND, <HI>Decea&s;ed,</HI></HEAD>
<OPENER>Humbly Sheweth,</OPENER>
<P>THat this following printed paper was prepared &s;ince the la&s;t Se&s;&s;ions of Parliament; and the fir&s;t of them was pre&s;ented into the Kings &s;acred hand: and it was only intended to inform the world, that the Claimant <HI>JAMES PERCY</HI> &s;till continues his Claim, notwith&s;tanding his Adver&s;aries &s;et him forth as an Impo&s;tor in the <HI>Gazet.</HI></P>
<P>Upon a Tryal had at the <HI>Kings Bench</HI> Bar the <HI>15th.</HI> day of <HI>April</HI> 1676. It was po&s;i|tively proved by able and &s;ub&s;tantial Witne&s;&s;es, that <HI>James Percy</HI> is Cou&s;in and next Heir Male to <HI>Jo&s;celin Percy</HI> late Earl of <HI>Northumberland,</HI> Decea&s;ed.</P>
<P>Notwith&s;tanding that Illegal publi&s;hing him an Impo&s;tor in the <HI>Gazet,</HI> not only in the <HI>Engli&s;h,</HI> but in the <HI>French</HI> Tongue al&s;o.</P>
<P>And the Counte&s;s of <HI>Northumberlands</HI> Agents did &s;econd the <HI>Gazets;</HI> for in their Courts they gave in &s;pecial charge to the Jury, to take notice of one <HI>Percy</HI> a pre|tender to the Title, but his Name was not &s;o, for he was a Deceiver, an Impo&s;tor, and a branded Per&s;on, with many more reviling words: Truth is, by Gods Provi|dence, he was born into the World with a Mole like a Half-moon upon his Body, therefore no Brand, but it &s;ignifies a <HI>Cre&s;cent,</HI> which belongs to the <HI>Percies</HI> Arms; And it is reported he is not the fir&s;t that hath been &s;o born of that Family.</P>
<P>But when Mr. <HI>Clark</HI> the Defendant, the Counte&s;s of <HI>Northumberland</HI> her chief Tru&s;tee, &s;aw their Priviledge fail'd, and the Tryal mu&s;t be had in <HI>Trinity Term</HI> 1674. then the Defendants Coun&s;el did offer <HI>Percies</HI> (the Plaintiff) Coun&s;el, if they would &s;et a&s;ide the Tryal, they would own the Plaintiff <HI>James Percy</HI> to be the true Heir, again&s;t all oppo&s;ers, and a&s;&s;i&s;t him with their Pedigree, Books and Records; and when the Coun&s;els were met, it was demanded what Security would they give to perform their promi&s;e: They reply'd, <HI>Percy</HI> mu&s;t take their words for the perform|ance thereof; But <HI>Percy</HI> replyed, no, he would have the Tryal, if it was but to wa&s;h that Dirt off, which the <HI>Gazet,</HI> and their evil Actions had thrown upon him: But at the Tryal his Witne&s;&s;es not appearing, he was forc'd to &s;uffer a Non-&s;uit, yet it was by the advice and favour of the Court; For the Lord Chief Ju&s;tice <HI>Hales</HI> &s;tood up, and &s;aid, That the Plaintif had proved him&s;elf a true <HI>Percy</HI> of the Blood and Family of the <HI>Percies</HI> of <HI>Northumberland,</HI> Legitimate by Father, Mother, Grandfather and Grandmother, and they did verily believe that he was Cou&s;in and next Heir Male to <HI>Jo&s;celin Percy</HI> the late Earl of <HI>Northumberland;</HI> only they feared he had taken his De&s;cent a little too low; and &s;o it fell out: And no wonder, con&s;ider|ing how the Claimant hath been mi&s;guided, and how ignorant he was in his own con|cerns. But now his Great Grandfather is proved, by one that kept the <HI>Percies</HI> Books and Records, That the Plaintif having fully proved his Pedigree; by advice of Coun&s;el it was thought good to proceed no further: Fir&s;t, by rea&s;on the E&s;tate mu&s;t attend the Title. Secondly, the Plaintif was not prepared; For the Defendent had the Books and Records.</P>
<P>To make things clear to the world, and to demon&s;trate our Mo&s;t Gracious King, and the Duke of <HI>Monmouths</HI> Innocency, and to &s;atisfie all Loyal Souls, and true hearted Subjects; and to &s;top the mouths of all tho&s;e that are &s;ubject to mutter and murmur, before they under&s;tand the Cau&s;e.</P>
<P><HI>First,</HI> The Kings Maje&s;ties Gracious An&s;wer to the Claimants &s;everal Petitions; was, God forbid that He &s;hould hinder an Heir, but that he &s;hould have the benefit of the Law.</P>
<P><HI>Secondly,</HI> Now the Query is of tho&s;e People that are not ea&s;ily &s;atisfyed; why then doth the King give the E&s;tate and Title to the Duke of <HI>Monmouth</HI> and &s;everal others, that have Beg'd of His Maje&s;ty?</P>
<P><HI>An&s;w.</HI> By the above Complaint, all Judicious men may ea&s;ily perceive His Maje&s;ty hath been mis-informed: Neverthele&s;s the King is &s;o Gracious, that all his Gifts are Bounded &s;o, as with a &s;aving (if there be no Heir Male.)</P>
<P>It is true, the &s;everal Grants and Patents: And the Power and Potency of tho&s;e that are concern'd. This makes Kindred and Friends, and Loyal and true Hearted Subjects, fear that Might will overcome Right: Moreover, it puts a Fear in &s;ome of his Lawyers, and &s;ome of his Coun&s;els are fallen from his Innocent Cau&s;e, to the o|ther &s;ide, which forces him to Cite this following Pre&s;ident.</P>
<P>The Kings Charter cannot enable the Pattentee to bring an Action which the Common Law allows not, <HI>Mich.</HI> 23 <HI>Car. B. R.</HI> For the King cannot alter the Common Law, or the Proceedings thereof, by Charter, for this were to u&s;urp upon the Peo|ples Birth-right.</P>
<P>The Actings of the Duke of <HI>Monmouths</HI> Agents, and the Counte&s;&s;es Agents, would be well con&s;idered and taken &s;pecial notice of, for when Priviledge was in; they &s;tood upon their Priviledges &s;o, as the Claimant could do nothing; and now the Claimant <HI>James Percy</HI> hath proved his Pedigree, and was re&s;olved to go on to a Tryal this Summer A&s;&s;izes, with that Suit he had commenced again&s;t tho&s;e Lands the Duke had recovered of the Counte&s;s at a Tryal at the <HI>Common-Pleas</HI> Barr. But now Mr. <HI>Ro&s;s</HI> is dead, whom the Duke made Defendant in the Suit; &s;o that it hath given them a new advantage to delay, and it may be till Priviledge comes in again, by which means, the true Heir is forced to deliver new Declarations in Ejectments; and the Dukes Agents, and the Counte&s;&s;es Agents are mo&s;t furiou&s;ly driving on.</P>
<P>As for the Duke of <HI>Monmouths</HI> Innocency, the Claimant cannot but make it known to the world, the Claimants Sollicitor propounds a Match betwixt a Lords Daughter and <HI>Percies</HI> elde&s;t Son; pretending this would create Friends in Court; &s;o this Lord and the Sollicitor contrived the Bu&s;ine&s;s, &s;o as the Lands were begg'd in the Duke of <HI>Monmouths</HI> Name: When in truth the Duke was in <HI>France;</HI> therefore &s;uppo&s;ed, the Duke then knew nothing of it; and as for <HI>Percy</HI> it was altogether unknown to him, and quite contrary to his mind; for <HI>Percy</HI> being angry with the Sollicitor, &s;aid, This is a &s;trange way of creating Friends, it will the rather multiply Enemies: for how &s;hall we be able to contend again&s;t the Duke of <HI>Monmouth?</HI> &s;aith the Sollicitor, my Lord and the Duke is all one, and the Lord dur&s;t not beg it in his own Name; and therefore made u&s;e of the Dukes Name; but upon the Match the Duke would return the Lands again; but what the Claimant feared, came to pa&s;s; for they pretended that all the Lands were but begg'd in Je&s;t; but they endeavour to keep them in Earne&s;t.</P>
<P>It is the Lord that turns the Hearts of Kings at his plea&s;ure: and puts the Ballance of Ju&s;tice into their hands; and gives them wi&s;dom to di&s;cern between Truth and Fal&s;hood, and he doubts not but as God hath re&s;tored our Royal King, even when our &s;tock of hopes was almo&s;t &s;pent; &s;o in Gods due time the King will be Graciou&s;ly plea&s;ed to re&s;tore a Loyal Subject, even when his &s;tock of Patience and E&s;tate too is almo&s;t &s;pent; he hath been 6 years on this Concern; as the Moon is counted the Faithful Witne&s;s among the Planets of Heaven; &s;o may the <HI>Percies</HI> prove Faithful Subjects among the Peers on Earth: And that they may with a good Courage &s;tand 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 ble&s;s and pro&s;per tho&s;e people, that &s;hall pray with a good Heart, That the Kings ju&s;t Rights, the Antient Laws of <HI>England,</HI> and the <HI>Percies</HI> Name may continue to the worlds end; For his Name is Prov'd <HI>James Percy;</HI> Legitimate, and next Heir Male, rightly de|&s;cended in a collateral Line to the <HI>Percies</HI> of <HI>Northumberland.</HI></P>
<P>Now it may well be remembred, that the former Printed Papers that was pre&s;ent|ed to the Honourable Hou&s;e of Parliament, that in them the Claimant <HI>James Percy,</HI> prayed that no Act might pa&s;s the two Hou&s;es of Parliament concerning the Title, and the E&s;tate belonging to the Earldom of <HI>Northumberland,</HI> until the Claimants Right, Title and Pedigree was fully tryed, and proved, whether he was the true Heir Male, rightly de&s;cended in the collateral Line or not: and al&s;o he did &s;et forth how dubious it was for the Claimant to prove his de&s;cent: and al&s;o further Prayed, that the Parliament would be Graciou&s;ly plea&s;ed to take it into their &s;erious con&s;iderati|ons, and to make &s;ome &s;peedy provi&s;ion herein by rea&s;on the Court of Wards is put down. And there is now in &s;uch Ca&s;es no Inqui&s;itions <HI>po&s;t mortem</HI> in force: As was formerly in u&s;e: if a Court be put down, and nothing &s;et up to pre&s;erve that which was good and convenient in it, it is very hard. And the Claimant hath found it &s;o, and fears, the like may fall upon &s;ome of your Families another day, if it be not timely prevented; You may likewi&s;e remember, that the Claimants Cau&s;e was be|fore the Honourable Hou&s;e 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.</P>
<P><HI>He therefore mo&s;t Humbly Prays, that the Kings Sacred Maje&s;ty, and the Right Ho|nourable Lords Spiritual and Temporal, will be Graciou&s;ly plea&s;ed to order, that a Committee of knowing, Worthy and Just men, of the Honourable Hou&s;e of Commons, may be Nominated and &s;et apart, to &s;it, and moderately to examine the Claimants Witne&s;&s;es, and that their evidence may be pre&s;erved, and &s;tand upon Record; and accordingly to return their Reports; If the Pedigree of the Claimant be proved, that then the Claimant</HI> James Percy <HI>may be recommended by the Honourable Hou&s;e of Commons, to the Right Honourable Hou&s;e of Peers, to take the place and Seat of his Ance&s;tors, according to his Birth-right and Title; and that the Lands which were beg'd, might be re&s;tored to the Title and Earldom of</HI> Northumberland <HI>again, with|out the extremity of Suits at Law. Delay of Ju&s;tice is more Terror to a Heroick Soul then Torments or Death; If he be the true Heir, why &s;hould he not enjoy his Birth-right, if his adver&s;aries can prove him a deceiver, then give him the puni&s;h|ments due to an Impo&s;tor: he hath been now near &s;even years upon the&s;e concerns. If the&s;e complaints be put to a Period, and Ju&s;tice and Right be obtained and had,</HI></P>
<CLOSER>He &s;hall ever Pray, <HI>&amp;c.</HI>
<SIGNED>JAMES PERCY.</SIGNED></CLOSER>
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