The first day of Hillary Term, 1678. the Defendants Councel moved the Court, for a new Jury, and also for a further day for Tryal; both which the Court granted. Yet after all this, the Defendant moved again for a longer day, which was granted, until Thursday the 6th. of February. Notwithstanding all which, and that the Claymant had (at a vast Expence) kept his Witnesses in Town, all this time, yet would not the Court Award him any Costs.☞ Note, In the Lord Chief Justice Hayles time, it was otherwise; for, in the Suit brought as aforesaid against Clarke, the Defendant moving to put off that Tryal for seven days, on pretence he was not prepared; the Court Awar∣ded the Defendant to pay the ClaymanThirty Five Pound Costs, in respect of the Charge of keeping his Witnesses in Town, before any further time gi∣ven for Tryal; and which was paid accordingly.Sixth of February, 1678. The New ury appeared, and the Tryal came on again; the Cause opened, nd one of the Witnesses called to prove the Words; who appearing, the Court declared he had sufficiently proved them before. So no Exception being made thereunto, or to any matter in the Declaration, by the Defendants Councel: It was Agreed to proceed, and take up the Case, where they left at the former Tryal, the 11th. of November.Hereupon Copys of the Records of the Patents in Queen Maryes time (viz.) One for the Barony, and th other for the Earldom, were produced. Up∣on this, the Defendants Councel Objected the Attainder of Thomas Percy. A∣gainst which, the Claymants Councel insisted, and Evidenced, That the Claymants Descent and Claim was Paramount the Attainder, and that the same could not, in any sort, affect the Claymant, and which was admitted by the Court.This Point being thus Cleared, the Claymant descended to Examine his Wit∣nesses to prove his Pedigree, but the Defendants Councel declared, They admit∣ted and owned the Claymants Pedigree and Title, but that could not Affect the Lands, for that by an Act of Parliament touching Exchange of Lands between King Henry the Eighth, and Henry Percy the Sixth Earl of Northumberland, and others, the Limitations in the Settlement, under whom the Claymant Claymed, were destroyed. But this Point being also answered, as well by several Sa∣vings in that Act, as otherwise; and the Claymant Pressing, That he might be permitted to Examine his Witnesses, to prove his Pedigree, and pro∣ceed in the Cause: The Defendant then resorted to their first piece of Craft, and Insisted upon a pretended Insufficiency in the Declaration, and which had been debated, and waved as aforesaid; but the Lord Chief Justice Scroggs now falling in with them, would not suffer the Claymants Witnesses to be Exami∣ned, as to his Pedigree; but on the contrary, Cryed out The Declaration is nought, the Declaration is nought; whereupon, the Claymant was driven to suf∣fer a Non-Suit.After this, the Claymant brought an Ejectment, for recovery of that part of the Estate belonging to the Earldom, called the Lady Lucyes Lands▪ and in 1681. brought the same to Tryal at the Kings-Bench-Bar, where the Claymant ful∣ly proved his Pedigree; and so was Declared by the Court; But by the evil Prac∣tises of the Adversaries, with the Person that managed the Cause for the Clay∣mant; and his not producing, at the Tryal, the Copy of the Grants, made by Richard the Second, to the Earls of Northumberland; for want thereof, and some other Records the said Agent was entrusted with, by the Claymant, the said Tryal passed against the Claymant. The then Lord Chief Justice Pemberton standing up in Court, and saying to the Claymant, Mr. Percy, Your Cause is ill managed, suffer a Non-suit.Note, Through the like Practises, and evil Dealings of another of the Clay∣mants 0