In 1670 Jocelyn Percy, the eleventh Earl of Northumberland, died
without male issue. Up to his time, throughout the six hundred years,
the noble family of Percy had never been without a male
representative, and the successive earls had almost invariably been
soldiers, and had added to the lustre of their descent by their own
valiant deeds. But when Earl Jocelyn died, in 1670, he left behind him
a solitary daughter--whose life was in itself eventful enough, and who
became the wife of Charles Somerset, the proud Duke of Somerset--but
who could not wear the title, although she inherited much of the
wealth of the Percys.
Jocelyn Percy was, however, scarcely cold in his grave when a claimant
appeared, who sought the family honours and the entailed lands which
their possession implied. This was James Percy, a poor Dublin
trunkmaker, who came over to England and at once assumed the title.
His pretensions aroused the ire of the dowager-countess, the mother of
Earl Jocelyn, who, on the 18th of February 1672, presented a petition
to the House of Lords on behalf of herself and Lady Elizabeth Percy,
her grand-daughter, setting forth that "one who called himself James
Percy (by profession a trunkmaker in Dublin) assumes to himself the
titles of Earl of Northumberland and Lord Percy, to the dishonour of
that family." This petition was referred, in the usual course, to the
Committee for Privileges. This was immediately followed by a petition
from the claimant, which was read, considered, and dismissed. However,
both parties appeared before the House of Lords on the 28th of
November, James Percy claiming the honours, and the countess declaring
him an impostor. Percy craved an extension of time; but, as he was
unable to show any probability that he would ultimately succeed, his
demand was refused, and his petition was dismissed--Arthur Annesley,
earl of Anglesea, alone protesting against the decision.
Percy, however, displaying the same valour and obstinacy in the courts
which his ancestors had so often shown on the battle-fields, was not
daunted, although he was discomfited. He appealed to the common-law
tribunals, and brought actions for scandal and ejectment against
various parties, and no fewer than five of these suits were tried
between 1674 and 1681. The first adversary whom he challenged was
James Clark, whom he sued for scandal, and in whose case he was
content to accept a non-suit; alleging, however, that this untoward
result was not so much brought about by the weakness of his cause as
by the faithlessness of his attorney. In a printed document which he
published with reference to the trial, he distinctly states that the
Lord Chief-Justice, Sir Matthew Hale, was so much dissatisfied with
the decision, that in the open court he plainly asserted "that the
claimant had proved himself a true Percy, by father, mother,
grandfather, and grandmother, and of the blood and family of the
Percys of Northumberland; and that he did verily believe that the
claimant was cousin and next heir-male to Jocelyn, late Earl of
Northumberland, only he was afraid he had taken the descent too high."
It is further reported that Sir Matthew, on entering his carriage,
remarked to Lord Shaftesbury, who was standing by, "I verily believe
he hath as much right to the earldom of Northumberland as I have to
this coach and horses, which I have bought and paid for."
His next action was against a gentleman named Wright, who had taken
upon himself to pronounce him illegitimate, and in this instance he
was more successful. The case was heard before Sir Richard Rainsford,
Sir Matthew Hale's successor, and resulted in a verdict for the
plaintiff, with £300 damages. Flushed by this victory, he took
proceedings against Edward Craister, the sheriff of Northumberland,
against whom he filed a bill for the recovery of the sum of £20
a-year, granted by the patent of creation out of the revenues of the
county. Before this, however, in 1680, he had again petitioned the
House of Lords, and his petition was again rejected--Lord Annesley, as
before, protesting against the rejection. The litigation with Craister
in the Court of Exchequer being very protracted, the Duchess of
Somerset (who was the daughter and heiress of Earl Jocelyn) brought
the matter once more before the Lords in 1685, and her petition was
referred to the Committee of Privileges. In reply to her petition
Percy presented one of complaint, which was also sent to the
Committee. No decision, however, seems to have been arrived at, and
the reign of King James came to a close without further action. In the
first year of the reign of William and Mary (1689), Percy returned to
the charge with a fresh petition and a fresh demand for recognition
and justice. These documents are still extant, and some of them are
very entertaining. In one he candidly admits that he has been, up to
the time when he writes, in error as to his pedigree, and, abandoning
his old position, takes up fresh ground. In another, "The claimant
desireth your lordships to consider the justice and equity of his
cause, hoping your lordships will take such care therein that your own
descendants may not be put to the like trouble for the future in
maintaining their and your petitioner's undoubted right;" and lest the
_argumentum ad homines_ should fail, he asks, "Whether or no three
streams issuing from one fountain, why the third stream (though
little, the first two great streams being spent) may not justly claim
the right of the original fountain?" In addition, he appends a sort of
solemn declaration, in which he represents himself as trusting in God,
and waiting patiently upon the king's sacred Majesty for his royal
writ of summons to call him to appear and take his place and seat
according to his birthright and title, "for true men ought not to be
blamed for standing up for justice, property, and right, which is the
chief diadem in the Crown, and the laurel of the kingdom." That
summons never was destined to be issued. When the Committee for
Privileges gave in their report, it declared Percy's conduct to be
insolent in persisting to designate himself Earl of Northumberland
after the previous decisions of the House; and the Lords ordered that
counsel should be heard at the bar of the House on the part of the
Duke of Somerset against the said James Percy.
This was accordingly done; and the Lords not only finally came to the
decision "that the pretensions of the said James Percy to the earldom
of Northumberland are groundless, false, and scandalous," and ordered
that his petition be dismissed, but added to their judgment this
sentence, "That the said James Percy shall be brought before the four
Courts in Westminster Hall, wearing a paper upon his breast on which
these words shall be written: 'THE FALSE AND IMPUDENT PRETENDER TO THE
EARLDOM OF NORTHUMBERLAND.'" The judgment was at once carried into
execution, and from that time forward the unfortunate trunkmaker
disappears from the public view. He does not seem to have reverted to
his old trade; or, at least, if he did so, he made it profitable, for
we find his son, Sir Anthony Percy, figuring as Lord Mayor of Dublin
in 1699. There can be no doubt that, although he was treated with
undue harshness, his claims had no real foundation. At first he
alleged that his grandfather, Henry Percy, was a son of Sir Richard
Percy, a younger brother of Henry, ninth Earl of Northumberland--an
allegation which would have made Sir Richard a grandfather at thirteen
years of age. It was further proved that Sir Richard, so far from
having any claim to such unusual honours, died without issue. In his
second story he traced his descent to Sir Ingelram Percy, stating that
his grandfather Henry was the eldest of the four children of Sir
Ingelram, and that these children were sent from the north in hampers
to Dame Vaux of Harrowden, in Northamptonshire. He advanced no proof,
however, of the correctness of this story, while the other side showed
conclusively that Sir Ingelram had never been married, and at his
death had only left an illegitimate daughter. At any rate, whether
James Percy was honest or dishonest, "the game was worth the
candle"--the Percy honours and estates were worth trying for.