Chapter 10

Until 1806, when the claim was renewed, the pretenders to the Banbury honours had not only styled themselves earls in all legal documents, but they had been so described in the proceedings which had taken place, and in the commissions which they had held; and while their wives had been styled Countesses of Banbury, their children had borne those collateral titles which would have been given by courtesy to the sons and daughters of the Earls of Banbury. But, although there had thus been an uninterrupted usage of the title for upwards of 180 years, when William Knollys succeeded his father a new system was practised. His father, the deceased earl, had held a commission in the third regiment of foot, and during his father's lifetime he had been styled in his own major-general's commission, "William Knollys, commonly called Viscount Wallingford." But on his father's decease, and the consequent descent of his father's claims, the title of earl was refused to him, and therefore it was that he presented his petition.

The case remained in the House of Lords for nearly six years. On the 30th of May 1808 it was brought on for hearing before the Committee for Privileges, when Sir Samuel Romilly, Mr. Gaselee, and Mr. Hargrave, appeared for the petitioner, and the Crown was represented by the Attorney-General and a junior counsel. A great mass of documentary and genealogical evidence was produced; but after a most painstaking investigation, Lords Erskine, Ellenborough, Eldon, and Redesdale came to the conclusion that Nicholas Vaux, the petitioner, had _not_ made out his claim to the Earldom of Banbury, and the House of Lords, on the 11th of March 1813, endorsed their decision.

JAMES PERCY--THE SO-CALLED EARL OF NORTHUMBERLAND.

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.

THE DOUGLAS PEERAGE CASE.

Rather more than a hundred years ago the whole kingdom was disturbed by the judicial proceedings which were taken with reference to the succession to the ancient honours of the great Scotch house of Douglas. Boswell, who was but little indisposed to exaggeration, and who is reported by Sir Walter Scott to have been such an ardent partizan that he headed a mob which smashed the windows of the judges of the Court of Session, says that "the Douglas cause shook the security of birthright in Scotland to its foundation, and was a cause which, had it happened before the Union, when there was no appeal to a British House of Lords, would have left the fortress of honours and of property in ruins." His zeal even led him to oppose his idol Dr. Johnson, who took the opposite side, and to tell him that he knew nothing of the cause, which, he adds, he does most seriously believe was the case. But however this may be, the popular interest and excitement were extreme; the decision of the Court of Session in 1767 led to serious disturbances, and the reversal of its judgment two years later was received with the most extravagant demonstrations of joy.

In the beginning of the eighteenth century, Archibald, Duke of Douglas, wore the honours of Sholto, "the Douglas." His father, James, the second Marquis of Douglas, had been twice married, and had issue by his first wife in the person of James, earl of Angus, who was killed at the battle of Steinkirk; and by his second of a son and daughter. The son was the Archibald just mentioned, who became his heir and successor, and the daughter was named Lady Jane. Her ladyship, like most of the women of the Douglas family, was celebrated for her beauty; but unhappily became afterwards as famous for her evil fortune. In her first womanhood she entered into a nuptial agreement with the Earl of Dalkeith, who subsequently became Duke of Buccleuch, but the marriage was unexpectedly broken off, and for very many years she persistently refused all the offers which were made for her hand. At length, in 1746, when she was forty-eight years old, she was secretly married to Mr. Stewart, of Grantully. This gentleman was a penniless scion of a good family, and the sole resources of the newly-wedded couple consisted of an allowance of £300 per annum, which had been granted by the duke to his sister, with whom he was on no friendly terms. Even this paltry means of support was precarious, and it was resolved to keep the marriage secret. The more effectually to conceal it, Mr. Stewart and his nobly-born wife repaired to France, and remained on the Continent for three years. At the end of that time they returned to England, bringing with them two children, of whom they alleged the Lady Jane had been delivered in Paris, at a twin-birth, in July 1748. Six months previously to their arrival in London their marriage had been made public, and the duke had stopped the allowance which he had previously granted. They were, therefore, in the direst distress; and, to add to their other misfortunes, Mr. Stewart being deeply involved in debt, his creditors threw him into prison.

Lady Jane bore up against her accumulated sorrows with more than womanly heroism, and when she found all her efforts to excite the sympathy of her brother unavailing, addressed the following letter to Mr. Pelham, then Secretary of State:--

"SIR,--If I meant to importune you I should ill deserve the generous compassion which I was informed some months ago you expressed upon being acquainted with my distress. I take this as the least troublesome way of thanking you, and desiring you to lay my application before the king in such a light as your own humanity will suggest. I cannot tell my story without seeming to complain of one of whom I never will complain. I am persuaded my brother wishes me well, but, from a mistaken resentment, upon a creditor of mine demanding from him a trifling sum, he has stopped the annuity which he had always paid me--my father having left me, his only younger child, in a manner unprovided for. Till the Duke of Douglas is set right--which I am confident he will be--I am destitute. Presumptive heiress of a great estate and family, with two children, I want bread. Your own nobleness of mind will make you feel how much it costs me to beg, though from the king. My birth, and the attachment of my family, I flatter myself his Majesty is not unacquainted with. Should he think me an object of his royal bounty, my heart won't suffer any bounds to be set to my gratitude; and, give me leave to say, my spirit won't suffer me to be burdensome to his Majesty longer than my cruel necessity compels me.

"I little thought of ever being reduced to petition in this way; your goodness will therefore excuse me if I have mistaken the manner, or said anything improper. Though personally unknown to you, I rely upon your intercession. The consciousness of your own mind in having done so good and charitable a deed will be a better return than the thanks of JANE DOUGLAS STEWART."

The result was that the king granted the distressed lady a pension of £300 a-year; but Lady Jane seems to have been little relieved thereby. The Douglas' notions of economy were perhaps eccentric, but, at all events, not only did Mr. Stewart still remain in prison, but his wife was frequently compelled to sell the contents of her wardrobe to supply him with suitable food during his prolonged residence in the custody of the officers of the Court of King's Bench. During the course of his incarceration Lady Jane resided in Chelsea, and the letters which passed between the severed pair, letters which were afterwards produced in court--proved that their children were rarely absent from their thoughts, and that on all occasions they treated them with the warmest parental affection.

In 1752, Lady Jane visited Scotland, accompanied by her children, for the purpose, if possible, of effecting a reconciliation with her brother; but the duke flatly refused even to accord her an interview. She therefore returned to London, leaving the children in the care of a nurse at Edinburgh. This woman, who had originally accompanied herself and her husband to the continent, treated them in the kindest possible manner; but, notwithstanding her care, Sholto Thomas Stewart, the younger of the twins, sickened and died on the 11th of May 1753. The disconsolate mother at once hurried back to the Scottish capital, and again endeavoured to move her brother to have compassion upon her in her distress. Her efforts were fruitless, and, worn out by starvation, hardship, and fatigue, she, too, sank and died in the following November, disowned by her friends, and, as she said to Pelham, "wanting bread."

Better days soon dawned upon Archibald, the surviving twin. Lady Shaw, deeply stirred by the misfortunes and lamentable end of his mother, took him under her own charge, and educated and supported him as befitted his condition. When she died a nobleman took him up; and his father, having unexpectedly succeeded to the baronetcy and estates of Grantully, on acquiring his inheritance, immediately executed a bond of provision in his favour for upwards of £2500, and therein acknowledged him as his son by Lady Jane Douglas.

The rancour of the duke, however, had not died away, and he stubbornly refused to recognise the child as his nephew. And, more than this, after having spent the greater portion of his life in seclusion, he unexpectedly entered into a marriage, in 1758, with the eldest daughter of Mr. James Douglas, of Mains. This lady, far from sharing in the opinions of her noble lord, espoused the cause of the lad whom he so firmly repudiated, and became a partisan so earnest that a quarrel resulted, which gave rise to a separation. But peace was easily restored, and quietness once more reigned in the ducal household.

In the middle of 1761, the Duke of Douglas was unexpectedly taken ill, and his physicians pronounced his malady to be mortal. Nature, in her strange and unexplained way, told the ill-tempered peer the same tale, and, when death was actually before his eyes, he repented of his conduct towards his unfortunate sister. To herself he was unable to make any reparation, but her boy remained; and, on the 11th of July 1761, he executed an entail of his entire estates in favour of the heirs of his father, James, Marquis of Douglas, with remainder to Lord Douglas Hamilton, the brother of the Duke of Hamilton, and supplemented it by another deed which set forth that, as in the event of his death without heirs of his body, Archibald Douglas, _alias_ Stewart, a minor, and son of the deceased Lady Jane Douglas, his sister, would succeed him, he appointed the Duchess of Douglas, the Duke of Queensberry, and certain other persons whom he named, to be the lad's tutors and guardians. Thus, from being a rejected waif, the boy became the acknowledged heir to a peerage, and a long rent-roll.

There were still, however, many difficulties to be surmounted. The guardians of the young Hamilton had no intention of losing the splendid prize which was almost within their grasp, and repudiated the boy's pretensions. On the other hand, the guardians of the youthful Stewart-Douglas were determined to procure the official recognition of his claims. Accordingly, immediately after the duke's decease, they hastened to put him in possession of the Douglas estate, and set on foot legal proceedings to justify their conduct. The Hamilton faction thereupon despatched one of their number to Paris, and on his return their emissary rejoiced their hearts and elevated their hopes by informing them that he was convinced, on safe grounds, that Lady Jane Douglas had never given birth to the twins, as suggested, and that the whole story was a fabrication. They, therefore, asserted before the courts that the claimant to the Douglas honours was not a Douglas at all.

They denied that Lady Jane Douglas was delivered on July 10, 1748, in the house of a Madame La Brune, as stated; and brought forward various circumstances to show that Madame La Brune herself never existed. They asserted that it was impossible that the birth could have taken place at that time, because on the specified date, and for several days precedent and subsequent to the 10th of July, Lady Jane Douglas with her husband and a Mrs. Hewit were staying at the Hotel de Chalons--an inn kept by a Mons. Godefroi, who, with his wife, was ready to prove their residence there. And they not only maintained that dark work had been carried on in Paris by the parties concerned in the affair, but alleged that Sir John Stewart, Lady Jane Douglas, and Mrs. Hewit, had stolen from French parents the children which they afterwards foisted upon the public as real Douglases.

The claimant, and those representing him, on their part, brought forward the depositions of several witnesses that Lady Jane Douglas appeared to them to be with child while at Aix-la-Chapelle and other places, and put in evidence the sworn testimony of Mrs. Hewit, who accompanied the newly-wedded pair to the continent, as to the actual delivery of her ladyship at Paris upon the 10th of July 1748. They also submitted the depositions of independent witnesses as to the recognition of the claimant by Sir John (then Mr.) Stewart and his wife, and produced a variety of letters which had passed between Sir John Stewart, Lady Jane Douglas, Mrs. Hewit, and others as to the birth. They also added to their case four letters, which purported to emanate from Pierre la Marre, whom they represented to have been the accoucheur at the delivery of Lady Jane.

Sir John Stewart, Lady Jane's husband, and the reputed father of the claimant, died in June 1764; but, before his decease, his depositions were taken in the presence of two ministers and of a justice of the peace. He asserted, "as one slipping into eternity, that the defendant (Archibald Stewart) and his deceased twin-brother were both born of the body of Lady Jane Douglas, his lawful spouse, in the year 1748."

The case came before the Court of Session on the 17th of July 1767, when no fewer than fifteen judges took their seats to decide it. During its continuance Mrs. Hewit, who was charged with abetting the fraud, died; but before her death she also, like Sir John Stewart, formally and firmly asserted, with her dying breath, that her evidence in the matter was unprejudiced and true. After a patient hearing seven of the judges voted to "sustain the reasons of reduction," and the other seven to "assoilzie the defender." In other words, the bench was divided in opinion, and the Lord President, who has no vote except as an umpire in such a dilemma, voted for the Hamilton or illegitimacy side, and thus deprived Archibald Douglas, or Stewart, of both the title and the estates.

But a matter of such importance could not, naturally, be allowed to remain in such an unsatisfactory condition. An appeal was made to the House of Lords, and the judgment of the Scottish Court of Session was reversed in 1769. Archibald Douglas was, therefore, declared to be the son of Lady Jane, and the heir to the dukedom of Douglas.

ALEXANDER HUMPHREYS--THE PRETENDED EARL OF STIRLING.