The case of James Percy, claymant to the Earldom of Northumberland with an impartial account of the proceedings he hath made in the several courts of justice in order to the proving and obtaining his right and title to the said Earldom : humbly addressed to the Kings Most Excellent Majesty, and the Right Honourable the Lords spiritual and temporal in Parliamnet [sic] assembled.
Percy, James, 1619-1690?, Grey of Ruthin, Charles Longueville, Baron, 1618-1643.
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House of Lords. The Opinion of the JUDGES of England in the Case of Charles Longeville Es

Lunae 1st. February, 1640.

THE Judges this day delivered their Opinion in the Case of the Lord Grey, and Charles Longeville, Esq concerning the Titles of the Baronies of Hastings and Ruthin.

1. Whether a Possessio Fratris can be upon a Baronage by Writ.

And it was the Unanimous Opinions of the Judges, That there can be no Posses∣sio Fratris in Point of Honour; And upon somewhat, which was spoken of in the Argument concerning Power, in Conveying away of Honour,

It was Resolved upon the question Nemene Contradicente.

That no Person that hath any Honour in him, and a Peer, may Alien or Trans∣fer the Honour to any other person.

Resolved upon the Question.

That no Peer of this Realm can drown and extinguish his Honour (but that it descends to his Descendants) Neither by Surrender, Grant, Fine, nor any other Con∣veyance to the King.

Upon which the said House, Confirmed the said Opinion, and did accordingly Order the Dignities to Charles Longeville Esq Veneris 5. die Febr. Sequentis.

Vera Copia Examinat' per Original' J. P.

Die Martis 18. Junij, 1678.

FOrasmuch as upon the Debate of the Petitioners Case, who Claims the Title of Viscount Purbeck: A Question at Law did Arise, Whether a Fine Levied to the King by a Peer of the Realm of his Title and Honour, can bar and extin∣guish the Title.

The Lords Spiritual and Temporal in Parliament Assembled, upon a very long Debate: And having heard His Majesties Attorney General, are unanimously of Opi∣nion, and do Resolve and Adjudge, That no Fine Levied, or a any time hereafter to be Levied to the King, can bar such Title of Honour, or the Right of any Person, Clayming such Title under him that Levied or shall Levy such Fine.

Vera Copia Johannis Brown. Clerk Parl'

On the 9th. day of January last 1685. KING Charles the Second of Ever Blessed Memory, did then in Council direct, That the Petitioners Cause should be fully de∣termined in PARLIAMENT.

Therefore the Petitioner presented to His Most Excellent Majesty KING JAMES the Second, the Claymants Petition, with Precedents annexed; wherein the De∣scent, Property and Right, by the Assent of His now Majesty; He is become the next Heir-Male, and Earl of Northumberland: which Petition was presented into His Sa∣cred Majesties hands the 26th. of May, 1685.

By James Percy.

Who further Prayes, That Your Lordships will be pleased to Intercede with the KING, for a speedy Determination of this matter, which hath been in Contest about Fifteen Years.