To the Kings Most Excellent Majesty and to the right honourable the Lords and others of His Majesties most honourable Privy-Councel This text is an enriched version of the TCP digital transcription B43630 of text R236312 in the English Short Title Catalog. Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 18KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B43630 489263233 ocn 489263233 Wing P1462BA

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info(at)umich.edu for further information or permissions.

 Early English books online text creation partnership. (EEBO-TCP ; phase 2, no. B43630) Transcribed from: (Early English Books Online ; image set 208668) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2956:13) To the Kings Most Excellent Majesty and to the right honourable the Lords and others of His Majesties most honourable Privy-Councel 1 sheet ([1] p.) s.n., [London : 1685] Caption title. Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: John Johnson Collection.

Header created with script mrcb2eeboutf.xsl on 2016-01-28.

Manually keyed and coded text linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines available at TCP web site (http://www.textcreationpartnership.org/docs/)

 eng Percy, James, 1619-1690? -- Early works to 1800. Writ of error -- England -- Early works to 1800. Land titles -- England -- Early works to 1800. Nobility -- England -- Early works to 1800. Broadsides -- England -- 17th century. eebo To the Kings Most Excellent Majesty and to the right honourable the Lords and others of His Majesties most honourable Privy-Councel. Percy, James, 1619-1690?. 1685 2 2824 19 0 0 0 0 0 67.28 D The rate of 67.28 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2014-05 Keyed and coded from ProQuest page images 2014-08 Sampled and proofread 2014-08 Text and markup reviewed and edited 2015-03 Batch review (QC) and XML conversion
To the KINGS Most Excellent MAJESTY , And to the Right Honourable the Lords and others of His Majesties Most Honourable Privy-Councel . The Several PETITIONS of JAMES PERCY , Humbly Sheweth
To the Kings Most Excellent Majesty in Councel . The humble Petition of James Percy , Son of Henry Percy of Horton , Son of Henry Percy of Pavenham , who was Son of Sir Ingelram Percy , 3d . Son of Henry Percy 5th . Earl of Northumberland : Descended of that Line that is clear from the Attainders and Conspiracies in the days of King Henry VIII . Queen Elizabeth , King James , and King Charles I. of ever blessed Memory , and by which Descent he is the next surviving Heir-male of the body of Henry Percy 5th . Earl , and Cousin , and next Heir-male in bloud to Josceline Percy late 11th . Earl of Northumberland , Deceased ; and is proved by the Percies Pedegree at several times : SHEWETH ,

THat Your Loyal Subject , and Petitioner , hath been labouring near 12 years to obtain his Birth-right , but is still obstructed by Oppression , and the Potency of his Cousin the Lady Elizabeth Percy , alias Ogle , and now Thynn ; and all her Agents have supplanted , and put by Your Petitioners Tryals , not only in Parliament , but at the Bar also , as by those Prints presented to this Honourable Board the 9th of December last appears , notwithstanding Your Majesty was so graciously pleased , ( in the year 1670. ) as to refer Your Petitioner to the Law . But the very Truth is , Your Majesty being mis-inform'd by that Gazette which publish'd him in Print to be an Impostor , which thing caused Your Majesty to dispose of the Title and Estate ; All which encourageth the Counsel for the Opponents , and puts a Fear and Terrour upon Your Petitioners Counsel . And finding his Just and Innocent Cause too high for the lower Courts ; therefore ▪ and for fear there should be something done to his prejudice before the Parliament sits again : so that the ●etitioner is forc'd to make his Address to Your Royal Majesty and this Honourable Board for Justice .

That the Daughters of Zelophehad did sue for their Fathers Inheritance , and were commended , and had Justice done them , ( see Numb . 27. to verse 11. and the last chap●er of Numbers confirms the same ; ) then great reason that Sons , and true Heir-males , should sue for their Birth right and Inheritance , till Justice be obtained for them also .

That the world may see that the hand of God makes way for Justice ; for when the Lord Ogle would have assumed the Name of Percy God cut him off , and Esq ; Thynn had no sooner entred upon Percy's Lands , but the hand of Providence cut him off also ; and if his Cousin , the young Lady , should now marry a stranger , there is no reason that the Inheritance should be transported , that belongs to the Title and Name of Percy .

Therefore Your Petitioner most humbly beseeches Your most Sacred Majesty , and that this Honourable Board will be graciously pleased to intercede with His Majesty to restore the Lands that are annexed to the Crown , Title and Name of Percy , even as they were f●rmerly settled by Your Royal Ancestors upon Your Petitioners Noble Predecessors and their Heirs-male for ever , ( the Lady Ogle having no right therein , as witnessing her purchasing the Crown-Lands , and other Lands , to which she hath no right , as she is an Heir-female . ) That the Lands of the Heirs-male may be separated from the Lands of the Female ; and this will put an end to the Petitioners long Tr●ubles and Charges , :

And

Upon this Petition he had advice to go to the Heralds Office , to fix the Pedegree .

Your Petitioner ( as in duty bound ) shall ever pray , &c. James Percy .

Thursday the 9th . of March 1681 / 2 Your Petitioner attended the Heralds , to have his Pedegree signed by them , and they could not deny the Truth of the Pedegree , but said it belonged to the Earl Marshal of England to sign ; and further said , the Heralds Office did no● concern themselves with the Collateral Lines of great Families , till they had an Order from the Higher Powers .

The Petitioner most humbly earnestly and further prays , That this Right Honourable Board will be graciously pleased to cause the Hera●ds to bring the Percies Pedegree before Your Lordships , to examine the Truth thereof ; so that the Pedegree may be confirmed , without which the King and Kingdom are diss●tisfied , by reason the Lord Chief Justice Scroggs bawk'd the Petitioner , as by that Tryal in the Printed Book appears , ( the Court of Wards is not ) and the Earl Marshal and Heralds have neglected . God preserve all Your Noble Families from the like Troubles .

Is the Cordial Prayer of Your Petitioner .

By advice , the same was annexed to that Petition now at Counsel-Board .

To His Grace HENRY Duke of Norfolk , Earl-Marshal of England . The humble Petition of James Percy , Son of Henry Percy of Horton , Son of Henry Percy of Pavenham , who was Son of Sir Ingelram Percy , third Son of Henry Percy , fifth Earl of Northumberland , descended of that Line that is clear from those Attainders and Conspiracies in the days of King Henry the eighth , Queen Elizabeth , King James , King Charles the first of ever Blessed Memory : By which descent he is the next surviving Heir-male of the Body of Henry Percy fifth Earl , and Cozen and next Heir-male in the whole Blood to Jocelin Percy , late and eleventh Earl of Northumberland Deceased , &c. And hath so proved his Pedegree at several Tryals . SHEWETH ,

THat Your Petitioner hath Petitioned the King in Councel , and the Lords directed Your Petitioner to go to the Heralds to Sign the Pedegree .

That upon Thursday the 9th . of March 1681 / 2. the expected Chapter day , he attended the Heralds Office , at Dr. Commons with his Pedegree Witnesses , Depositions , and Records ; and desired them to Sign his Pedegree , and was ready to pay them their Fees , ( for they did not deny the Truth of the Pedegree , ) but said , it belonged to the Office of the Earl-Marshal of England ; for he was the proper Judge in all Cases of Honours , and Titles ; and to Sign and Confirm the Pedegree of Noble Families .

Therefore Your Petitioner most Humbly Prays Your Honour , to hear his Witnesses , and his Depositions , see the Records , and Sign the Pedegree according to Equity , Truth , a●d Justice , for which , I have brought them , and do wait ; Moreover the Pedegree was done according to Sir Edward Walkers directions , and he would h●ve Signed it had he Lived , but he Died the very next Morning the Pedegree was finished .

And Presented the 27th . of March 82. This Petition was refer'd to the Deputy Earl-Marshal . Your Petitioner shall ever Pray , &c. James Percy .
To His Royal Highness James Duke of York and Albany . The Humble Petition of James Percy . SHEWETH ,

THat his Petition is now before the Councel Board , praying for Justice , and that God will in his infinite Wisdom , Mercy , and Justice , continue the Right of Succession in your Royal Family ; for those people that dare oppose the Succession of a Prince , rejoyce at the downfal of a Peer .

That Lord that is admitted Tenant in Capite , is Sworn to Loyalty , as all his Tenants in those Lands under him , are Sworn to Fealty .

That Lady that hath forfeited her Fealty with her Lord , cannot be expected a good Deborah for the King .

That my Prayer is , hath been , and ever shall be , that God may continue the Succession of the Crown in the Right Line ; and the King may in Justice , continue the lawful Succession of his Peers and Loyal Subjects .

Therefore Your much oppressed Petitioner Humbly and Earnestly Prays and beseeches Your Royal Highn●ss , to Intercede with the Kings Most Excellent Majesty for speedy Justice .

And Your Loyal Petitioner as in Duty bound , shall ever Pray for Your Royal Highnesses Prosperity and Peace here in this World , and Eternal Joy in Heaven hereafter ; For I shall ever remain a Loyal Subject .

This Petition was presented the 11th of April 1682. And on the 12th . another of the same , with the following Breviate . James Percy

Fearing the many Visitors yesterday should prevent the reading of that Petition , therefore the Petitioner presents this to Your Royal Highness ; humbly to put into remembrance for this 12 years he hath groaned under oppression , and cannot obtain Justice , by reason the Court of Wards is not , and the Heralds Office is no Court of Record .

Therefore there is a Petition before the Kings most Excellent Majesty in Council , praying for a hearing at that Right Honourable Board : or that a positive Order may be made to the Deputy Earl Marshal of England , to call a Chapter to prove his Pedigree down to Sir Ingleram Percy by Books , and Records in their Office ; and the Petitioners Witnesses may be heard , and read the Depositions , that will prove James Percy to be Son of Henry Percy , who was Son of Henry Percy eldest Son of Sir Ingleram Percy 3d . Son of Henry Percy 5th . Earl of Northumberland , who was Great Great Grandfather of Your Petitioner ; So that the Collateral Line may be fixed to the head Line , and the Pedegree confirmed as in Justice it ought to be

For if a Court be Abollisht that maintained the peoples Right of Succession , and nothing in lieu of it , to preserve the peoples inheritance , it is hard for the Subject

It is the Glory of a King to remove such grievances : Delay of Justice is abominable before God : And oppression a just man abhors .

And the Pettioner shall ever pray , that God will wellcome Your Royal Highness into England with Health and Prosperity , and multiply Your days here in peace and happiness hereafter , is the daily Prayer of Your Petitioner ,

James Percy
To the Kings Most Excellent Majesty in Councel . The Humble Petition of James Percy , Humbly Sheweth ,

THat the following Petition concerns the Deputy Earl Marshal of England in Councel , as he is the proper Judge for Honours , Titles , and Pedegrees .

That he finds the Opponents are labouring to set up Mr. Francis Percy , Stone-cutter in Cambridge , pretending his Title to the Earldom of Northumberland ; And likewise endeavours to Arrest Your Petitioner in 3000 l. Action , on purpose to keep Your Petitioner in Prison , whilst they bring their purposes to pass .

Therefore Your much Oppressed Petitioner most humbly Prays Your most Excellent Majesty , that a fai●●earing may be had , and a short day appointed , with an Order to ●ummons his Witnesses , and to give notice to the other side , so that a true Decision may be made whose right it is ; And if the Petitioner doth not prove his Pedegree , he is then free by Your Majesties Gracious leave and permission to return home

And Your Petitioner as in Duty bound shall ever Pray , &c. James Percy .
To the Right Honourable Robert Lord Bruce , Earl of Aylsbury , & Elgin Deputy Earl marshal of England at Councel Board , & the Lord President , & the rest of those most Honourable Lords & others in Councel . The humble Petition of James Percy , Son of Henry Percy of Horton , Son of Henry Percy of Pavenham , Eldest Son of Sir Ingelram Percy , who was 3d . Son of Henry Percy 5th . Earl of Northumberland : Descended of that Line , that is clear from those Attainders and Conspiracies , in the days of King Henry the VIII . Queen Elizabeth , King James , and King Charles the I. of ever Blessed Memory ; By which descent he is the next surviving Heir-Male of the Body of Henry Percy 5th . Earl of Northumberland , and Cozen and next Heir-Male in the whole Blood to Jocelin Percy , late and 11th . Earl of Northumberland Deceased , &c. And hath so proved his Pedegree at several Tryals . SHEWETH ,

THat the Petitioners Witnesses , their extream occasions have called them home and being oft disapointed they are resolved never to come again , without a positive Order , which Order will command them in six days time .

Therefore the Petitioner most Humbly Prays , that a short day may be appointed and that a hearing may be had to prove the above Pedegree ; And if the Petitioner doth not prove his Pedegree , and satisfie and clear his own Innocency in the former mistakes , then let him be Recorded for an Impostor .

And

☞ This Petition the Deputy Earl-Marshal refused , and hath not ordered a Chapter while the Petitioners Witnesses were in Town : He therefore further prays , that his Cause may be heard before this Honourable Board , or that an Order may be made to the Deputy Earl-Marshal , to call a Chapter to fix and confirm the Pedegree according to proof ; Is the Prayer of Your Petitioner . James Percy

he shall ever Pray , &c. James Percy .

For the King hath said , God forbid We should hinder an Heir .

And all just men say , God forbid an Heir Male should be condemned before his cause be fully heard : let his Petition be read I pray and grant an order speedily for a hearing , If he proves not his Pedigree ▪ and removes not the former mistakes , then Record him for an Impostor .

A whipping sets a School-boy free , Twelve years Law is too hard for me . Presented to the King in Council 12th . April 1682.
To the Kings Most Excellent Majesty . The Humble Petition of James Percy , SHEWETH ,

THat Your Petitioner hath Petitioned Your Sacred Majesty in Council several times , But as yet never could obtain an order upon any one of them .

That the 12th . of April 1●82 . Your Petitioner presented a double Petition to Your most Excellent Majesty in Council , both of them are very short .

Therefore Your Petitioner most humbly and earnestly beseecheth Your most Excellent Majesty , to cause that Petition presented 12th . instant , to be read the next Council day , and that an order may be had according ▪ to the Prayers therein . Speedy Justice , will put a speedy stop to 12 years troubles .

Presented into his Sacred Majesties Hand April 13. 1682. And the Petitioner as in Duty bound shall ever pray . James Percy .

May it please Your most Excellent Majesty , The Lord President , Deputy Earl Marshal , and the rest of tho●e Right Honourable Lords & others of the Privy Council at the Council Board . ☞ This I have done to set forth what is before that Honourable Board , that you may see as well as hear : By doing Justice for Your Petitioner , You will preserve Your own Families another day : make but the Heralds Office a Court of Record in the nature of the Court of Wards , this will preserve Your Families and enheritances another day : when Justice and Truth is incouraged ▪ then is God Glorifi●d ; His Majesty's Crown Dignified , all Loyal Subjects satisfied : and all shall rejoyce in peace together .

And the Petitioner as in Duty bound shall ever Pray , James Percy