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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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that he hath those great advantages against his Sister by her being continued still in the Sea of that Accompt by not having given his Lordship Releases upon the said Accompt as his Brothers have done 3. His Lordship's reasoning seems very mysterious and intricate by which he would perswade his Majesty and the world that he hath done his Brothers a great kindness in bringing them under Releases and keeping them strictly to it when at the same time he pretends he hath gained so great an advantage of his Sister and done himself so great kindness by not accepting a Release from his Sister who was upon the same account with the rest of her Brothers in all points except the Cumberland Estate And his Lordship seems to be happy in his Councel and wise management of the whole affair if things are brought to that pass that if whether there be Releases or no Releases in the case his Lordship hath still the disposal of the whole Interest settled by the Ancestor for the younger Children and may yet after all the Parents cares give them Bread or a Stone at his pleasure But better is hoped and expected from the Grace and Justice of so good and gracious a Prince as we are happy in living under A Memorial delivered to his Majesty November the 25th 1676. by Alexander Mac Donnel Esq concerning his Demands from the Right Honourable Henry Lord Marshal of England in Right of the Lady Elizabeth his Wife WHereas the said Elizabeth being entituled to several Provisions heretofore made to her by her late Father and also by her Brother the now Duke of Norfolk by the procurement of her said Father by vertue of several Trusts which by the Trustees who accepted of the said Trusts but nevertheless left the management of the said Trusts to the said Earl Marshal and being likewise entituled to an eighth part of a certain Cabinet with the Jewels and Rarities belonging to the same the whole being of the value of above 30000 l. parcel of the Estate of her late Grandfather and Mother and delivered into the hands of the said Earl Marshal to the intent the said Lady Elizabeth should have such part thereof as aforesaid they the said Alexander and Lady Elizabeth did address to the said Earl Marshal for an accompt and satisfaction in relation to all the said respective particulars and the same being refused they exhibited their Bill in the high Court of Chancery against the said Earl Marshal and others whereupon the said Earl Marshal declaring that he desired to have all the said Matters settled amicably without expences by Arbitrators to be indifferently chosen to examine all accompts and other things relating thereunto the said Alexander and Lady Elizabeth did accordingly consent to submit all the said matters to be determined and Referrees being thereupon chosen on both sides the said Referrees began in the first place to examine the accompts in relation to the said Lands and Estate of which the said Duke had levyed the said Fine and although there was no other accompts seen or produced but what the Lord Marshal pleased to direct his Agents to produce in order to the charging of himself and no liberty given to take any Copies of any Rentals in order to examine whether the Rentals which his Lordship accompted were true the said Alexander giving reasons why he suspected the truth of them and the Referrees desiring that the said Alexander might have Copies of the same at his own charges and although it appears that the said Earl Marshal have by a private Act of Parliament obtained without the knowledge of the said Lady Elizabeth and before her Marriage barred the said Lady Elizabeth of about 100 l. per annum during the life of the said Duke for which his Lordship would not accompt yet by his Lordships own shewing his Lordship was upon that single Trust to accompt unto the said Lady Elizabeth for the twelfth part of 164331 l. 2 s. 6 d. 1 2. due unto her by that Trust only besides her Interest in the first Provision before mentioned and her share of the said Cabinet but the said Reference taking no effect as to the determining of all or any of the said matters submitted the said Alexander and Lady Elizabeth were this present Michaelmas Term compelled to endeavour again to be relieved by a Court of Equity and must be compelled also at the next sitting of the Parliament to apply to Parliament to be relieved against the said private Act unless his Lordship will otherwise please to satisfie their just Demands and thereby prevent the proving the great oppressions under which the said Alexander and Lady Elizabeth suffer from his Lordships detaining their just right from them Thath which is Demanded by the said Alexander and Lady Elizabeth in order to the preventing of farther troubles is as followeth viz. 1. That the said Earl Marshal do forthwith pay unto the said Alexander Mac Donnel and Lady Elizabeth at least so much of the said twelfth part of the said sum of 164331 l. 2 s. 6 d. 1 2 with which by his own Accompts the said Trusts of the said Lands of which the said Fine Sur concessit was levied stands charged as his Lordship shall himself own to be due unto the said Lady Elizabeth leaving the rest to be determined as hereafter is proposed and the said Alexander Mac Donnel and Lady Elizabeth to give a Discharge for so much as shall so be paid 2. That the said Earl do pay and continue to pay yearly until the matters in difference be determined as hereafter is proposed such yearly sum out of the growing Rents of the said Lands comprised in the said Fine as his Lordship shall himself own to be due unto the said Lady Elizabeth leaving the rest to such determinations as hereafter offered and the said Alexander and Lady Elizabeth to give Discharges from time to time for so much as shall be so paid 3. That as a foundation upon which to ground a full and final determination of all the said particular matters in difference the said Earl do forthwith put in a full and sufficient Answer to the present Bill now exhibited by the said Alexander and Lady Elizabeth and by her Brothers the Honourable Edward Howard and Bernard Howard Complainants against the said Earl Marshal and against the Right Honourable the Lord Marquess of Dorchester and the Earl of Peterborough Defendants in his Majesties Court of Exchequer and their Lordships the said other Defendants to answer the said Bill in like manner 4. That upon such Answers put in as is before demanded the said Earl Marshal and their Lordships the said other Defendants do consent to an Order to be made by the said Court for the referring of all the matters contained in the said Bill to be determined by Referrees to be appointed by the said Court at the nomination of the parties Plaintiffs and Defendants and the said Referrees to be armed with a Commission to examine Witnesses upon Oath and that the determination of the major part of them to be made by a day certain to be limited by the said Order to be before the first day of Hilary Term next to pass into a Decree of the said Court so as to oblige all parties To these Demands the Lord Marshal has not as yet made any Answer
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 Marshal of England wiih the Grounds and Reasons of and for their said Demands Their Demands are Three 1. THat his said Lordship will please pursuant to his own free offer and promise waive all Acts by them respectively done by which they may in strictness be barred of the Provisions intended them by their late Father out of the overplus of such Lands as were appointed to be sold for the payment of Debts and of the Provisions intended them out of such Lands whereof the now Duke of Norfolk levied a Fine Sur concessit to be subject to such Trusts as their said Father should direct and come to a just Accompt with them for the several benefits which ought to accrue to them upon the said respective Provisions in case no Acts had been done by them to bar them of such benefits The said Accompt to be taken by Referrees to be appointed by an Order of a Court of Equity and they to be armed with a Commission to examine upon Oath and they to settle all the said Accompts and their determination to pass into a Decree so as to oblige a satisfaction of what shall appear due upon such Accompt Or if his Lordship shall refuse this Then That his Lordship will please to let them have those respective allowances of 200 l. per annum apiece which his Lordship formerly allowed them for Diet and Lodgings the arrears thereof to be immediately paid and the growing allowances together with such Rents-charge as have formerly been granted to them out of the Manor of Rotherham to be secured as their Councel shall think safe so that they may have better securities for the same then bare Distresses and may have Lands unincumbred to enter upon and hold in case what shall be due be not paid And all arrears of those Rents-charge to be forthwith satisfied together with the charges occasioned by their being enforced to distrein for the same 2. That those future expectant Interests which their said late Father intended for them out of his Estates in the Counties of Cumberland and Westmerland may be so re-settled as that they may not for the future be barred but may be secured to come unto them according to the intentions of their said Father So that they may not be compelled to trouble a Parliament to relieve them in this particular 3. That they and their Sister the Lady Eliz. Mac Donnel without whose consent they cannot agree this particular point may have a just and full discovery and accompt of their Grandmothers Cabinet and all things therewith delivered unto his Lordship by their Uncle the Lord Viscount Stafford in Trust for all the Children of their said late Father except their Brother Charles and that they may each of them have their just shares of the same in specie or else that they and their said Sister may each of them have the sum of 1000 l. for such their several share with Interest for the said monies from the time of the delivery of the said Cabinet and what was so delivered The Grounds and Reasons of and for the first before mentioned Demand 1. There were Provisions designed as a present maintenance for the said Edward and Bernard and for some other of their Brothers by their said late Father The first was made by their said Father himself out of the overplus of a very great Estate in Lands settled in Trustees for the payment of Debts Upon this there was due to each of them from the Lord Marshal 3000 l. to be paid at the time the said overplus was conveyed to his said Lordship which was in Anno Domini 1659. For which they are to have Interest from that time or else each of them to have one Twelfth part of the Inheritance in specie of the said whole overplus with satisfaction to each of them for the Rents and Profits of such respective Twelfth part from the year 1659. The other Provision was made by the now Duke of Norfolk by the procurement of their said Father who prevailed with the said Duke to levie a Fine Sur concessit for the vesting a very great Estate in Lands in Trustees for the life of the said Duke to be subject to such Trusts as their said Father should direct Upon this Trust there ought to have been due to each of them at Michaelmas 1674. above 12000 l. and from that time during the life of the said Duke above 600 l. per annum And of this last Provision they had no particular knowledge until very lately Yet he did afterwards in the presence of the Right Honourable the Lord Privy Seal and others declare and promise That if they were not fully satisfied that the said Rents of 300 l. apiece by him granted to them were a full satisfaction in value for all that was or could be due unto them upon the said Provisions so by them sold conveyed or released as he affirmed he would waive all Acts done by them which might bar them of any of the said Provisions and come to a just and strict accompt with them in relation to the said Provisions And that if upon such accompt it should appear that there was or could be more due unto them then 2100 l. apiece which was the price for which the said Rents had been granted he would make them a full satisfaction for what upon such Accompt should appear to be yet due unto them This they then believed he would have done but they since find that his Lordship is otherwise resolved and he hath fully made it appear that notwithstanding his said promise he is now resolved to take the full benefit of the Bargains which he affirmeth he hath gained from them for 2100 l. apiece The Grounds and Reasons of and for the second before mentioned Demand 2. Their said late Father taking it for certain that the two Provisions before mentioned would during the life of the said Duke of Norfolk be a reasonable maintenance for those for whom he intended the same was pleased by another Settlement which was of his whole Estate in the Counties of Cumberland and Westmerland to design another Provision for the said Edward and Bernard and two other of their Brothers as an Estate-Tail for the benefit of them and their Children to take effect after the descending of the Dignity of Earl of Arundel upon the Lord Marshal or which Mr. Marriot his Lordships Agent affirms to have been the true intentions of their said late Father upon any of his Issue This Settlement was so drawn as that the said future Estates were to come to the said Edward and Bernard and the said other two Brothers only in case the said Dignity should personally descend and come to the said Lord Marshal But this was not the sole fault in