THat this following printed paper was prepared since the last Sessions of Parliament ; and the first of them was presented into the Kings sacred hand : and it was only intended to inform the world , that the Claimant JAMES PERCY still continues his Claim , notwithstanding his Adversaries set him forth as an Impostor in the Gazet .

Upon a Tryal had at the Kings Bench Bar the 15th . day of April 1676. It was positively proved by able and substantial Witnesses , that James Percy is Cousin and next Heir Male to Joscelin Percy late Earl of Northumberland , Deceased .

Notwithstanding that Illegal publishing him an Impostor in the Gazet , not only in the English , but in the French Tongue also .

And the Countess of Northumberlands Agents did second the Gazets ; for in their Courts they gave in special charge to the Jury , to take notice of one Percy a pretender to the Title , but his Name was not so , for he was a Deceiver , an Impostor , and a branded Person , with many more reviling words : Truth is , by Gods Providence , he was born into the World with a Mole like a Half-moon upon his Body , therefore no Brand , but it signifies a Crescent , which belongs to the Percies Arms ; And it is reported he is not the first that hath been so born of that Family .

But when Mr. Clark the Defendant , the Countess of Northumberland her chief Trustee , saw their Priviledge fail'd , and the Tryal must be had in Trinity Term 1674. then the Defendants Counsel did offer Percies ( the Plaintiff ) Counsel , if they would set aside the Tryal , they would own the Plaintiff James Percy to be the true Heir , against all opposers , and assist him with their Pedigree , Books and Records ; and when the Counsels were met , it was demanded what Security would they give to perform their promise : They reply'd , Percy must take their words for the performance thereof ; But Percy replyed , no , he would have the Tryal , if it was but to wash that Dirt off , which the Gazet , and their evil Actions had thrown upon him : But at the Tryal his Witnesses not appearing , he was forc'd to suffer a Non-suit , yet it was by the advice and favour of the Court ; For the Lord Chief Justice Hales stood up , and said , That the Plaintif had proved himself a true Percy of the Blood and Family of the Percies of Northumberland , Legitimate by Father , Mother , Grandfather and Grandmother , and they did verily believe that he was Cousin and next Heir Male to Joscelin Percy the late Earl of Northumberland ; only they feared he had taken his Descent a little too low ; and so it fell out : And no wonder , considering how the Claimant hath been misguided , and how ignorant he was in his own concerns . But now his Great Grandfather is proved , by one that kept the Percies Books and Records , That the Plaintif having fully proved his Pedigree ; by advice of Counsel it was thought good to proceed no further : First , by reason the Estate must attend the Title . Secondly , the Plaintif was not prepared ; For the Defendent had the Books and Records .

To make things clear to the world , and to demonstrate our Most Gracious King , and the Duke of Monmouths Innocency , and to satisfie all Loyal Souls , and true hearted Subjects ; and to stop the mouths of all those that are subject to mutter and murmur , before they understand the Cause .

First , The Kings Majesties Gracious Answer to the Claimants several Petitions ; was , God forbid that He should hinder an Heir , but that he should have the benefit of the Law .

Secondly , Now the Query is of those People that are not easily satisfyed ; why then doth the King give the Estate and Title to the Duke of Monmouth and several others , that have Beg'd of His Majesty ?

Answ . By the above Complaint , all Judicious men may easily perceive His Majesty hath been mis-informed : Nevertheless the King is so Gracious , that all his Gifts are Bounded so , as with a saving ( if there be no Heir Male . )

It is true , the several Grants and Patents : And the Power and Potency of those 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 some of his Lawyers , and some of his Counsels are fallen from his Innocent Cause , to the other side , which forces him to Cite this following President .

The Kings Charter cannot enable the Pattentee to bring an Action which the Common Law allows not , Mich . 23 Car . B. R. For the King cannot alter the Common Law , or the Proceedings thereof , by Charter , for this were to usurp upon the Peoples Birth-right .

The Actings of the Duke of Monmouths Agents , and the Countesses Agents , would be well considered and taken special notice of , for when Priviledge was in ; they stood upon their Priviledges so , as the Claimant could do nothing ; and now the Claimant James Percy hath proved his Pedigree , and was resolved to go on to a Tryal this Summer Assizes , with that Suit he had commenced against those Lands the Duke had recovered of the Countess at a Tryal at the Common-Pleas Barr. But now Mr. Ross is dead , whom the Duke made Defendant in the Suit ; so 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 Countesses Agents are most furiously driving on .

As for the Duke of Monmouths Innocency , the Claimant cannot but make it known to the world , the Claimants Sollicitor propounds a Match betwixt a Lords Daughter and Percies eldest Son ; pretending this would create Friends in Court ; so this Lord and the Sollicitor contrived the Business , so as the Lands were begg'd in the Duke of Monmouths Name : When in truth the Duke was in France ; therefore supposed , the Duke then knew nothing of it ; and as for Percy it was altogether unknown to him , and quite contrary to his mind ; for Percy being angry with the Sollicitor , said , This is a strange way of creating Friends , it will the rather multiply Enemies : for how shall we be able to contend against the Duke of Monmouth ? saith the Sollicitor , my Lord and the Duke is all one , and the Lord durst not beg it in his own Name ; and therefore made use of the Dukes Name ; but upon the Match the Duke would return the Lands again ; but what the Claimant feared , came to pass ; for they pretended that all the Lands were but begg'd in Jest ; but they endeavour to keep them in Earnest .

It is the Lord that turns the Hearts of Kings at his pleasure : and puts the Ballance of Justice into their hands ; and gives them wisdom to discern between Truth and Falshood , and he doubts not but as God hath restored our Royal King , even when our stock of hopes was almost spent ; so in Gods due time the King will be Graciously pleased to restore a Loyal Subject , even when his stock of Patience and Estate too is almost spent ; he hath been 6 years on this Concern ; as the Moon is counted the Faithful Witness among the Planets of Heaven ; so may the Percies prove Faithful Subjects among the Peers on Earth : And that they may with a good Courage stand 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 bless and prosper those people , that shall pray with a good Heart , That the Kings just Rights , the Antient Laws of England , and the Percies Name may continue to the worlds end ; For his Name is Prov'd James Percy ; Legitimate , and next Heir Male , rightly descended in a collateral Line to the Percies of Northumberland .

Now it may well be remembred , that the former Printed Papers that was presented to the Honourable House of Parliament , that in them the Claimant James Percy , prayed that no Act might pass the two Houses of Parliament concerning the Title , and the Estate belonging to the Earldom of Northumberland , until the Claimants Right , Title and Pedigree was fully tryed , and proved , whether he was the true Heir Male , rightly descended in the collateral Line or not : and also he did set forth how dubious it was for the Claimant to prove his descent : and also further Prayed , that the Parliament would be Graciously pleased to take it into their serious considerations , and to make some speedy provision herein by reason the Court of Wards is put down . And there is now in such Cases no Inquisitions post mortem in force : As was formerly in use : if a Court be put down , and nothing set up to preserve that which was good and convenient in it , it is very hard . And the Claimant hath found it so , and fears , the like may fall upon some of your Families another day , if it be not timely prevented ; You may likewise remember , that the Claimants Cause was before the Honourable House 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 .

He therefore most Humbly Prays , that the Kings Sacred Majesty , and the Right Honourable Lords Spiritual and Temporal , will be Graciously pleased to order , that a Committee of knowing , Worthy and Just men , of the Honourable House of Commons , may be Nominated and set apart , to sit , and moderately to examine the Claimants Witnesses , and that their evidence may be preserved , and stand upon Record ; and accordingly to return their Reports ; If the Pedigree of the Claimant be proved , that then the Claimant James Percy may be recommended by the Honourable House of Commons , to the Right Honourable House of Peers , to take the place and Seat of his Ancestors , according to his Birth-right and Title ; and that the Lands which were beg'd , might be restored to the Title and Earldom of Northumberland again , without the extremity of Suits at Law . Delay of Justice is more Terror to a Heroick Soul then Torments or Death ; If he be the true Heir , why should he not enjoy his Birth-right , if his adversaries can prove him a deceiver , then give him the punishments due to an Impostor : he hath been now near seven years upon these concerns . If these complaints be put to a Period , and Justice and Right be obtained and had ,