A
Short
Account
of
the
Proceedings
of
JAMES
PERCY
late
of
Ireland
,
inpursuance
of
his
Native
Right
to
the
Earldome
of
Northumberland
as
Cousin
and
next
Heir
Male
to
Jocelin
Percy
late
and
last
Earl
Deceased
,
who
at
his
coming
into
England
,
was
informed
,
that
the
Countess
was
with
Child
,
which
prevented
him
for
Entring
his
Claim
until
the
Third
of
Feb.
1671.
and
then
understanding
the
contrary
,
Entred
it
at
Whitehall
at
the
Signet
Office
,
and
hath
used
all
Honourable
and
justifyable
endeavours
to
accomplish
his
just
Dues
for
Three
Years
and
upwards
,
as
followeth
.
HE
Petitioned
His
Majesty
several
times
,
not
presuming
to
proceed
any
way
without
His
Majesties
privicy
,
whose
Gracious
Answer
was
to
the
Master
of
Requests
;
God
forbid
that
He
should
hinder
an
Heir
,
but
that
He
should
have
the
benefit
of
the
Law
:
In
pursuance
of
which
Answer
,
there
was
an
Information
(
in
the
nature
of
a
Quo-warranto
presented
to
the
Attourney
General
,
which
he
refused
to
Sign
,
Declaring
that
He
was
Councel
for
the
Countess
of
Northumberland
,
and
therefore
prevented
him
from
due
course
in
Law
.
He
Sued
the
Countess
in
the
Honourable
Court
of
Chancery
;
Who
freely
joyned
in
Commission
,
and
promised
upon
her
Honour
to
put
in
her
Answer
;
But
not
liking
what
his
Witnesses
testified
and
proved
,
She
demurr'd
;
And
his
Councel
finding
his
Bill
too
short
,
advised
him
to
pay
the
Costs
,
and
proceed
to
Common
Law
.
The
Assizes
was
Twelvemonth
there
was
delivered
Three
Declarations
in
Ejectment
,
one
in
Yorkshire
,
and
one
in
Northumberland
,
and
one
in
Cumberland
;
at
his
return
the
Trustees
came
to
his
Councel
,
and
desired
him
to
perswade
his
Clyent
to
go
on
with
but
one
Tryal
for
all
,
and
that
should
include
all
the
rest
;
Thereupon
it
was
agreed
to
proceed
upon
that
in
Northumberland
,
by
reason
the
Title
was
from
thence
;
and
accordingly
Esq
;
Champion
one
of
the
Countesses
Trustees
,
was
appointed
to
be
Defendant
.
Hoping
to
make
quick
dispatch
,
presented
the
King
and
House
of
Peers
with
fresh
Petitions
,
but
the
Senior
Countess
of
Northumberland
put
in
a
cross
and
scandalous
Petition
to
prevent
the
proceedings
of
his
Petitions
,
which
caused
him
to
swear
43
Witnesses
at
the
Bar
in
his
Vindication
;
and
whereas
his
Councel
did
not
in
due
time
appear
,
being
prest
upon
to
examine
Witnesses
or
be
mute
,
to
give
that
High
Court
content
,
then
assembled
upon
that
occasion
,
did
by
their
Instance
examine
Four
of
his
Witnesses
,
which
cleared
him
from
being
an
Impostor
as
her
Petition
did
pretend
;
But
when
the
Countesses
Councels
had
heard
these
Testimonies
,
and
his
Councels
,
though
late
appearing
,
and
desiring
to
hear
the
said
Witnesses
over
again
,
her
Councel
waved
her
Petition
,
(
saying
)
they
did
not
own
the
Grand-Daughters
Right
,
as
her
Petition
did
pretend
,
but
set
up
the
Kings
Interest
;
but
his
Councel
gave
them
a
check
,
(
saying
,
)
They
ought
not
to
plead
for
the
King
and
the
Subject
both
at
one
time
;
and
also
pleaded
that
his
Petitions
might
be
dismist
,
and
left
to
the
Common
Law
;
And
his
last
Order
in
Parliament
saith
they
were
dismist
accordingly
:
But
he
must
ever
own
and
Honour
the
great
Patience
of
the
Kings
Cracious
Majestie
,
and
the
Lords
Committees
in
the
absence
of
his
Councels
.
Since
the
dismissions
of
his
Petitions
,
He
endeavoured
to
proceed
to
Tryal
at
Common
Law
according
to
the
former
agreement
;
and
having
obtained
a
Rule
for
Tryal
to
be
held
at
Newcastle
this
last
Assizes
,
the
junior
Countess
obstructed
it
by
pleading
her
Priviledge
in
these
words
following
.
For
Mr.
James
Percy
these
.
Mr.
Percy
.
The
Countess
of
Northumberland
will
not
gratifie
such
a
Person
as
you
by
quitting
her
Priviledge
,
therefore
in
the
Cause
upon
the
Ejectment
betwixt
Utting
and
Champion
if
you
shall
proceed
is
must
be
at
your
peril
,
for
her
Ladyship
stands
upon
her
Priviledge
.
June
26.
1673.
John
Gee
.
The
Trustees
did
arrest
him
two
several
times
when
he
did
deliver
the
Declarations
in
Ejectment
,
in
which
they
would
never
proceed
,
neither
can
he
force
them
to
it
.
He
humbly
presents
these
his
Grievances
as
a
desire
of
a
general
good
of
the
Free-born
Subjects
of
England
,
to
prevent
the
like
troubles
to
such
as
shall
succeed
;
and
that
the
mature
Wisdom
of
the
Nation
would
take
it
into
their
serious
consideration
.
When
the
Court
of
Wards
was
put
down
,
all
these
Inconveniences
were
not
foreseen
;
But
had
they
considered
,
of
some
Office
in
the
nature
of
the
Court
of
Wards
and
erected
it
,
it
would
have
prevented
troubles
,
past
,
present
,
and
time
to
come
:
He
is
at
the
Law
,
but
prevented
by
priviledge
.
This
one
thing
with
the
rest
,
to
be
seriously
considered
of
,
Esq
;
Champion
,
and
Mr.
Orlando
Gee
,
the
junior
Countess
of
Northumberland's
Trustees
,
desired
the
Plaintiff
James
Percy
to
put
a
stop
to
the
Duke
of
Monmouth's
Agents
Proceedings
,
for
they
had
a
Grant
,
and
the
Patent
was
ready
to
pass
the
Seal
;
He
replyed
he
could
not
have
worser
enemies
than
they
had
been
to
him
;
it
could
do
him
no
harm
,
for
the
King
was
so
Gracious
that
He
gave
it
with
this
Caution
,
if
there
was
no
Heir
Male
,
though
it
hath
past
the
Seal
;
This
is
to
crave
a
stop
,
that
the
Patent
may
not
pass
the
House
till
a
fair
Tryal
at
Common
Law
be
had
,
to
know
whether
an
Heir
or
no
Heir
be
;
for
He
is
resolved
that
Honourable
Family
and
Name
of
Percy
shall
not
be
extinguished
by
a
Gazette
.
Also
there
is
other
Estates
in
Reversion
to
the
Percies
after
the
death
of
Edward
Rogers
and
his
Heirs
Males
,
which
is
fallen
lately
,
and
begg'd
by
others
,
that
their
Patent
may
be
taken
notice
of
,
and
prevented
,
that
the
Estate
may
not
be
scatter'd
before
a
Family
be
extinct
,
As
he
humbly
presents
,
so
he
is
bold
to
declare
himself
a
free-born
Native
,
and
hath
been
ever
a
Loyal
and
Faithful
Subject
,
and
a
great
sufferer
for
the
same
:
And
if
he
should
slight
Gods
Providence
,
and
neglect
his
own
Birth-right
and
Inheritance
,
he
is
not
worthy
to
be
called
a
Christian
,
but
to
be
recorded
for
an
Esau
.
I
am
Your
Humble
Servant
,
JAMES
PERCY
.