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A44626 A memorial delivered to His Majesty by the Honourable Edward Howard and Bernard Howard of Norfolk, the 16th day of November, 1676, of what they demand from their brother the Right Honourable Henry, Earl Marsha11 of England wiih [sic] the grounds and reasons of and for their said demands. Howard, Edward.; Howard, Bernard.; Norfolk, Henry Howard, Duke of, 1628-1684.; MacDonnel, Alexander. 1677 (1677) Wing H2970; ESTC R36005 14,693 8

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they by their Bill and in this Paper suggest And till these late disturbances were raised by them they were punctually paid the same as by their respective Acquittances will appear And notwithstanding their ill carriage towards his Lordship there is but half a years Rent-charge at Michaelmas last due to the elder and 160 l. to the other which his Lordship was and is ready to pay they giving such Acquittances for the same as Councel shall reasonably advise To the second his Lordship saith That as to that contingent Estate or Interest they respectively claim in the Barony of Burgh in Cumberland viz. each of them a Third part to take effect in case the Dignity of Earl Arundel should descend upon his Lordship For what Acts he hath done to the destruction of that contingent Interest they pretend to he was necessitated thereto for the establishing an Agreement with the Tenants and therein had the advice of learned Councel and hath done no more then every Tenant in Tail doth by levying a Fine to dock the same and what in Law and Equity is warranted But until the Dignity of the said Earldom descends upon his Lordship they have no colour or pretence to that Estate And if herein they conceive themselves injured he freely leaves them to take such legal and equitable ways and means as they shall be advised for recovery of their pretended right To the third and last Demand his Lordship saith That by no Agreement made by his Lordship with the Lord Viscount Stafford he is any ways obliged to render an accompt or share of the Cabinet mentioned as they would have found had they not suddenly dismissed their Bill which they exhibited in the Exchequer But since they having joyned in another Bill with Mr. Mac Donnel to the same and other purpose they shall in due time receive such Answer or Plea thereto as his Lordship shall be advised And therefore hopes no further Answer can be now desired they having joyned with Mr. Mac Donnel with whom his Lordship long since and yet might have an end but that Mr. Bernard who hath no joynt Interest with Mr. Mac Donnel hath conjoyned himself with him in the Suit For which in due time Mr. Mac Donnel will find how great cause he hath had to complain of Mr. Bernard Howard and none at all of his Lordship who for the present desires to be excused from opening himself as to what he must stand upon with Mr. Mac Donnel and the rather because things said in confidence upon former meetings have been discovered and ill use made of to continue and not end these differences Wherefore his Lordship humbly desires That his Majesty will be pleased to believe that Mr. Mac Donnel who hath given no Releases will not be able to get so great advantage as the rest have done until it appear otherwise to his Majesty by the Judgment of the Court. And then though his Lordship will never depart from the Releases which he hath so dearly bought of these Brothers his Majesty will clearly see that there was no cause for either of them to complain of these Releases And by this time his Majesty cannot but see how much these Brothers stand obliged in Honour and Conscience to retract in all places those unjust imputations and scandals which they have taken pains to throw upon his Lordship which are a very ungratefull and unworthy return for the kindnesses shewed to them more particularly then to the rest of his Brothers Thus having fully answered as to the respective Demands the Reasons which they give for the same being weak untrue and contradictory in themselves his Lordship conceives not worth any further Answer The Reply of the Honourable Edward and Bernard Howard of Norfolk to the Earl Marshal's Answer to the Memorial delivered to his Majesty by them the 17th day of January 1676. touching their Demands from his Lordship Their Reply to the whole Answer in general AS to the said Answer in general amounting to no more then 1. A flat denial of the Truth of a matter of Fact which hath been already proved before his Majesty 2. A flat denial of the Truth of another matter which they doubt not but to prove before his Majesty by the testimony of his and their Uncle the Right Honourable the Lord Viscount Stafford if they may be admitted to make such proof and that his Majesty will please to send for the said Lord Stafford to attend him at a day to be for that purpose appointed 3. A flat denial of all the Demands contained in the said Memorial And 4. Many undecent expressions and much ill language bestowed upon the said Edward and Bernard unfit as they humbly conceive to be used towards any Gentlemen much more unfit to be used towards his Lordship's Brothers but most of all unfit to be in writing under his hand in a Paper delivered to his Majesty and wholly omitting to take notice of the respective Reasons by them given in their said Memorial for their Demands therein contained They humbly say by way of general Reply That their Memorial was delivered by them upon his Majesties particular command for that purpose To which they humbly conceive his Majesty was induced by an opinion which he had of the great Honour and Integrity of and of the Interest which his Majesty supposed he had in his Lordship his Majesty was perswaded that his Lordship would not deny any truth And that if upon the whole matter his Majesty should think fit to desire his Lordship to comply with any reasonable thing which should be demanded in the said Memorial his Lordship would not fail to do the same without putting the Demandants to seek or prosecute any farther either in Parliament or in any Court of Equity for a Relief This being the original motive which occasioned the delivering in of their said Memorial they shall humbly expect the issue of it after his Majesty shall have considered of their said Demands and the Reasons upon which the same are grounded together with the said Answer and what is here farther replyed to all the several particulars thereof excepting only what relates to the several undecent expressions and ill language therein contained to which out of respect to his Majesty and also out of tenderness to his Lordship they forbear to reply any thing Their Reply in particular to the Particulars of the said Answer As to the Answer to the first part of the first Demand they say 1. As to the truth of the matter of Fact whether his Lordship did or did not make such promise as is charged in the said first Demand which the Demandants affirm and his Lordship denies in this Answer and did also upon the Sacrament of his Honour positively deny in his Answer to their Bill exhibited against him in his Majesties Court of Exchequer These Demandants say that they affirm as they have affirmed in their said first Demand that his Lordship did make such promise