In respect that I have left and by the Grace of God means to leave to descend and come successively from Heir Male to Heir Male divers other Lands Tenements and Hereditaments lying more necessary sit and convenient for my self and them of as good or better value my Daughters Portions and other Legacies deducted as aforesaid notwithstanding yet for the better corroboration and strengthning assurance and sure making of all such Lands Tenements and Hereditaments as I have Bargained and Sold or hereafter shall Bargain or Sell to any Person or Persons whatsoever I will and devise by these Presents That from and after my decease Edward Watson and John Wake my Executors as aforesaid and their Heirs shall stand and be seized of two parts of my Maners Lands and Tenements or whereof I am seized in Fee dividable in three parts to be divided my Daughters Portions paid or Lands sold by my Executors for the payment thereof as aforesaid to the use of Henry my Son and Heir and of the Heirs Males of his Body lawfully begotten And for default of such Issue to the use of the Heirs Males of John Lord Mordaunt my late Grandfather and so from Heir Male to Heir Male so long as they and every one of their Heirs Males and their Assign or Assigns shall quietly permit and suffer all and every such Person and Persons to whom I have Bargained or Sold any Maners Lands or Tenements as aforesaid quietly and peaceably to have hold and enjoy the same according to my true intent and meaning without any Entry Claim Suit in Law Eviction or Interruption And lawful Request made to my Heir or Heirs or any of them by the party grieved and by Edward Watson and John Wake my said Executors or some of them the Heir or Heirs of them or any of them in the presence of Ten sufficient Witnesses whereof Five to be Hundreders inhabiting within the County where mine Heir as aforesaid shall be then resident If my said Heir and Heirs doth not surcease his and their Suit and Suits Claim and Demand against any such parties grieved and make such further Assurance to the party or parties grieved as shall be reasonably required and devised at the Costs and Charges of such party grieved Then my Will full intent and meaning is That Edward Watson and John Wake my said Executors and their Heirs and the Survivor and Survivors of them and his and their Heirs shall from time to time absolutely stand and be seized of two parts of my said Maners Lands and Tenements divisible in three parts to be divided of a good and perfect Estate of Inheritance in Fee-simple to the use of them their Heirs and Assigns for ever and shall have full Power and lawful Authority by vertue of these Presents to Bargain and Sell all or so much of all or any of my said Maners Lands or Tenements as my said Executors or their Heirs or the Survivors of them shall think convenient to any Person and his and their Heirs for ever and with the Money received for the same my Daughters Legacies and Portions deducted make such reasonable Satisfaction to all and every party grieved as aforesaid as by the Judgment of the Lord Chancellor of England or the Master of the Rolls for the time being shall be thought meet and convenient apportioning the Money paid with the profits they have received allowing to themselves their Costs and Charges to be expended in and about the same any thing in these Presents contained to the contrary notwithstanding Lewis Mordaunt And my Will is That my Daughters and others in this my Will mentioned being paid their Portions as aforesaid by my Executors by the sale of so much of two parts of my Fee-simple Lands as will suffice as aforesaid that then the rest of my Fee-simple Lands remaining shall rest and be in my Executors and their Heirs as aforesaid for the Assurance and sure making of the Lands I have sold which I perswade my self will suffice And my Will full Intent and Meaning is That if my Son Henry pay his Sisters parts or any part thereof and die without Heirs Males of his Body then I will my Executors and their Heirs shall stand seized of all my Fee-simple Lands until such time as the Issue Female of the said Henry or the Executors Administrators or Assigns of the said Henry be satisfied and paid all and so much of the said Summ and Summs of Money unto my Daughters and others devised as my said Son Henry his Heirs Executors or Assigns shall have paid any thing in these Presents to the contrary of this always notwithstanding And so I make an end In Witness whereof I have Subcribed my Hand and set my Seal the Day and Year aforesaid Lewis Mordaunt SIGILLVM LODOVICI MORDAVNT MILITIS DNI BARONIS DE TVRVEY Sealed and delivered as the Will of the aforenamed Lord Mordaunt in the presence of and allowed with the Interlinings as they be Edward Watson John Wake John Gyll Thomas Arthur Sig. Thomas Goodman 〈◊〉 〈◊〉 ion on the North 〈◊〉 â—he Tombe PIISSIMAE MEMORIAE LUDOVICI DNÌ„I MORDAVNT SACRUM DEPOSITIUM LUDOVICI DNÌ„I MORDAVNT SUB AVITA FIDE ET CERTA FILICES RESURRECTIONIS SPE GLORIOSAM IESU CHRISTI EPIPHANIAÌ„ HIC EXPECTAT VXOREÌ„ HABUIT ELIZABETHA ARTHURIS DARCEL AEQUITIS AURATI FILIAM EX QUA SUSCEPIT HENRICUM FILIUM VNICUM ET HAEREDÌ„ MARIAM ET ELIZABETHAM ET POST VITAÌ„ FAELICITER ET SINE QUERELA PERACTAM SUIS CHARUS ET ALIENIS ANNORUM SATUR ET HONORUM AETATIS SUAE ANNO 66o. 13o. IUNII ANNO DNIÌ„ 1601. PIE OBDORIVIT IN DNÌ„O HENRY Lord MORDAVNT First of that Name Fourth Lord MORDAVNT Peer of England and Lord Baron of Turvey CHAPTER XV. A special Livery granted unto the Honourable Henry Lord Mordaunt ELizabeth Dei gratia Angliae Franciae Hiberniae Regina Fidei Defensor c. Omnibus ad quos praesentes Literae prevenerint Salutem Sciatis quod nos de gratia nostra speciali ac ex certa scientia mero motu nostris concessimus Licentiam dedimus ac per praesentes concedimus Licentiam damus pro nobis haeredibus successoribus nostris quantum in nobis est praedilecto sideli Subdito nostro Henrico Mordaunt modo Domino Mordaunt filio proximo Heredi Ludovici Mordaunt Militis nuper Domini Mordaunt defuncti qui quidem Ludovicus nuper Dominus Mordaunt de nobis tenuit in Capite die quo obiit per Servitium militare quocunque nomine cognomine sive additione nominis idem Henricus modo Dominus Mordaunt nominatus sit sive nuncupatus quod idem Henricus modo Dominus Mordaunt incontinenter absque aliqua Probatione aetatis suae absque aliqua Liberatione seu Prosecutione haereditatis suae vel alicujus inde parcellae extra manus nostras haeredum vel successorum nostrorum secundum cursum Cancellariae nostrae vel secundum Legem cursum Curiae
Matrimonio copulavit cum Domino Johanne Mordaunt Milite Filio suo Primogenito cui illius jure devenit tota Haereditas hujus clarae antiquae Familiae Sir JOHN FITZ-LEWIS Lord of Westhornedon In a Book called Vincent's Discovery of the Errours of Ralph Brooke page 405. AUbrey de Vere after the banishment and death of Robert Duke of Ireland his Nephew was the tenth Earl of Oxford Lord Bulbec and Samford 1393. But the Chamberlainship of England saith Mills which his Ancestors held in fee he surrendred to King Richard the Second who bestowed the same upon John Holland Duke of Exeter his half Brother by the Mother He married Alice Daughter of John Lord Fitzwater of Woodham-water in Essex and had Issue Richard Earl of Oxford and John that dyed without Issue and Alice a Daughter that was married to Sir John Fitz-Lewis Knight This Aubery dyed in the first Year of Edward the Fourth and was buried in the Priory of Earls Colne in Essex in the Year 1400. In the same Book of Augustine Vincent page 450. JOhn Mountacute Knight Son and Heir of Sir John Mountacute Knight and Nephew and Heir of William Earl of Salisbury his Uncle was the third Earl of Salisbury of that Name and was one of the Noble men that conspired the death of King Henry the Fourth at a Justs held at Oxford but being disclosed divers of them were put to death and this John and Thomas Holland Earl of Kent flying to Circester were by the rude Townsmen there brought into the Market-place and had their heads smitten off The first Year of Henry the Fourth He married Maud Daughter and Heir of Sir Adam Francis and Widow of Sir Allan Boxhull Knight Lieutenant of the Tower and had Issue Thomas Mountacute Earl of Salisbury Richard that dyed young and three Daughters Anne the eldest was first married to Sir Richard Hanckford and after to Sir John Fitz-Lewis Knight and thirdly to John Holland Earl of Huntington and Duke of Exeter Margaret the second was married to William Lord Ferrers of Groby and Elizabeth the third was married to Robert Lord Willoughby of Earsby Carta Johannis Montgomeri Militis Dominae Annae Ducissae Exon. HAEC Indentura tripartita facta quintodecimo die mensis Februarii Anno Regni Regis Henrici Sexti post Conquestum vicesimo septimo Testatur Quòd Johannes Montgomeri Miles nomine Cofeoffat ' ac Domina Anna Ducissa Exon nomine Elizabethae Fitz-Lewis Filiae ejusdem Ducissae ac nomine dict feoffat dimiserunt ad firmam tradiderunt Thomae Greene Johanni Mongeham Cun ' Tellur ' London omnia illa Terras Tenementa cum omnibus eorum pertinent ' in Enfield in Com' Middlesex in Villa de Hatfield Episc ' Esenden in Com' Hertford vocat ' Hornbeingate Blountiis nuper recuperat ' in Curia Domini Regis per dictum Johannem Mountgomeri Militem Lodovicum John Militem jam defunct ' ac alios Habend ' tenend ' omnia praedicta Terras Tenementa cum omnibus eorum pertinent ' praefat ' Thomae Johanni Mongeham Executor ' Assignat ' eorum à Festo Sancti Michaelis Archangeli ultimo praeterito ante dat' praesent ' usque ad finem decem Annorum extunc proximè sequent ' plenar ' complend ' reddend ' inde annuatim in Ecclesia Cathedrali Sancti Pauli Londin ' praefato Johanni Montgomeri Haeredibus Assignatis suis pro parte sua sex Libras Sterling praefatae Ducissae pro parte dictae Elizabethae Haeredum suarum sex Libras Sterling ad Festa Paschae Sancti Michaelis Archangeli per aequales portiones durante termino praedicto Nec non solvendo supportando Domino nostro Regi omnibus aliis omnia singula dicta Terras Tenementa incumbr ' Et si contingat dictos annuos redditus aut eorum alterum post aliquem terminum quo ut praefert ' solvi debeant per unum mensem aretro fore non solut ' in parte vel in toto contra formam praedictam durante anno praedicto extunc bene licebit praefato Johanni Montgomery dictae Ducissae ac eorum utrique seu Attornat ' eorum in omnibus praedictis Terris Tenementis cum omnibus eorum pertinentiis in qualibet parcella eorundem intrare distringere districtiones sic captas licet asportare abducere fugare penes se retinere quousque eis de praedictis annuis redditibus cum omnibus arrearagiis eorundem plenariè fuerit satisfact ' persolut ' Et si sufficiens districtio pro praedictis annuis redditibus cum omnibus inde arrearagiis ibidem adtunc non numeratur extunc bene licebit praefato Johanni Mountgomery ac dictae Ducissae nec non praedict ' Feoffat ' in omnia praedicta Terras Tenementa cum omnibus eorum pertinentiis reintrar ' illaque rehabere possidere ut in eorum statu pristino dictósque Thomam Johannem Mongeham Executores Assignatos suos inde totaliter expellere amovere hac Indentura in aliquo non obstante Et praedictus Johannes Montgomery omnia praedicta Terras Tenementa cum omnibus eorum pertinentiis praefatae Thomae Johanni Mongeham Executoribus Assignatis eorum pro praedictis annuis reddit ' modo formâ praedict ' contra omnes Gentes warrantizabimus per totum dictum terminum In cujus rei testimonium unae parti hujus Indenturae tripartitae penes dictos Thomam Greene Johannem Mongeham remanent ' dict' Johannes Montgomery Ducissa Sigilla sua apposuerunt alteris verò partibus ejusdem Indenturae tripartitae penes dict' Johannem Montgomery Ducissam alternatim reman ' dict' Thom ' Greene Johannes Mongeham Sigilla sua apposurunt Dat' die anno supradictis JOHN FITZ-LEWIS HENRY FITZ-LEWIS MARY Conutess of Rivers and Sir RICHARD FITZ-LEWIS Lords of Westhornedon Vincent's Discovery of the Errours of Ralph Brook page 432. THomas Bledlow Alderman of London and others gave certain Lands called Okefield and Shortcroft in Nevengden in Essex to Henry Fitz-Lewis son of Sir Lewis John Knight and Eleanor his Wife and to the Heirs of their two Bodies coming and for want of such Issue to the right Heirs of Henry By virtue whereof he was thereof seised and so dyed the ninth of May 1480 in the twentieth of Edward the Fourth Upon whose death for Lands intailed to the Heirs Males the Jury find Richard Fitz-Lewis Son of Lewis Fitz-Lewis Son of Sir Lewis John Knight to be Cousen and next Heir but for the other that was given sibi Haeredibus to the Heirs general they deliver upon their Oaths Quòd Domina Maria Comitissa Rivers Uxor Anthonii Widevyle Domini Rivers est Filia propinquior Haeres praedicti Henrici Fitz-Lewis aetatis 15 annorum which plainly shews he had a second Wife called Mary Daughter and Heir of Henry Fitz-Lewis although here omitted
seid Erle my Lord for Gods love remember that ye put not your soule in charge in yevynge your Landes from the heires Whereunto the seid Erle at all tymes answered and said to this Deponent Robert I may as well yeve these Landes where I will as I may yeve the Gowne of my back For as for the heirs of Veere they shall never inherit them Also this Deponent seith that at suche tyme that the seid Erle was sick this Deponent contynewelly abode with him by whyche seasson this Deponent never knew the seid Erle chaunge his mind in this behalfe And this Deponent also seith that on Pahne-Sunday eve whyche was the eve of our Lady-daye of the Annuntiation and also whyche was the daye next before the decesse of the seid Erle this Deponent asked of the seid Erle whether he had made his Wyll or nay whyche Erle then seid that he had made noon as yet but that he would doe And that this Deponent asked how his Lordship was minded with Drayton and with all his Fee simple Lands whereof he commaunded this Deponent before that tyme to bere witnesse whyche Erle then seid that it was oon of the greatest causes why he would chaunge his Wyll for as his mind had been to his Cossen Erle of Shrewsbury soe should it contynewe for ever commaunding this Deponent and other there present to testifye that his last Wyll was and should be that his Cossen George Erle of Shrewsbury should have his Manoir of Drayton and all other his Fee simple Landes to him and to his heires for ever after the detts payd and the Wyll of the seid Erle performed Then present at the speaking of the seid wordes William Pemberton yet lyving and divers others decessed Whereupon the seid Erle went to other cogitations at what tyme noe man thought that the seid Erle should have decessed so shortly as he did but trusted that the seid Erle shuld have lyved muche longer than he did albeit on the morrow about ten of the clock what tyme the Preist was at Masse and reding of the Passion the sed Erle departed to Gods mercy without any chaungyng of his Wyll or mind concernyng the premisses as far as this Deponent knewe or understood But this Deponent seith that about seven of the Clock in the mornyng of the seid Palme-Sunday John Mordaunt Serjeaunt at Law came to the seid Erle and asked him how he did whyche Erle then seid well as it pleaseth God and then the seid Mordaunt departed againe from thence And about ten of the Clock then next followyng the seid Mordaunt came againe to the seid Erle with a Wyll made in the name of the seid Erle whyche Wyll the seid Mordaunt then red to the seid Erle when he was anoyled and in extreme peynes of deth soe that the seid Erle neither herde nor understode what the said Mordaunt red wherein as by the seid redyng it appeared to this Deponent that nether the Manoir of Drayton nether any parte of the Fee simple Landes of the seid Erle were expressed in the seid Wyll And after the seid redyng of the seid Wyll the seid Erle was deed or a man perfetly might seye a Pater Noster and Ave Maria and oon Crede And more he knoweth not Deposition of William Pemberton WIlliam Pemberton Gentilman of the age of forty yeares or more sworne and examined seith that he was brought up of a chyeld with Edward Stafford late Erle of Wiltshyre and in his servyse as sume tyme his kerver and sume tymes lay in bed with the seid Erle when it pleased him by the space of twenty yeres and more whyche was to the tyme of his decesse Also he seith that many and divers tymes the seid Erle shewed and reported to this Deponent that noon of the chylderen or heires of Vere shuld inheret his Manoir of Drayton or eny parte of his other Fee simple Landes but that his Cossen the Erle of Shrewsbury shuld have to him and to his heires for ever the seid Manoir with all his other Fee simple Lands all his detts payd and his Wyll performed Also this Deponent seith that the day next before the decesse of the seid Erle the seid Erle rehersed the seid wordes before this Deponent Robert Merbury and others now decessed wyllinge and charging them to bere witnesse whensoever ever they shuld be called that his full myend and last Wyll was and shuld be that his Cossyn George Erle of Shrewsbury shuld have his Manoir of Drayton with all his other Fee simple Landes to him and to his heires for ever after his detts paid and his Wyll performed And he seith in vertue of his othe and as he shall answere before God he was continewelly present with the seid Erle from the seid tyme of the foreseid speking of the seid wordes by the seid Erle unto that the seid Erle was deed about ten of the Clock before noon on Palm-Sondaye and whyche was our Lady day Annuntiation aboute whyche tyme the Preist beyng at Masse was redyng of the Passion by all whyche seasson this Deponent never knewe herd or understoode that the seid Erle changed his wyll or myend ether in word or dede in that behalfe And more he knoweth not Deposition of Henry Caine. HEnry Caine Yoman of the age of eight and forty yeres and more sworne and examyned seith that he was Grome of the Chamber to the seid Erle by the space of seven yeres and after that this Deponent was Yoman of the Chamber with the seid Erle by the space of other seven yeres and more whyche was to the tyme of the decesse of the seid Erle by whyche seasson after Blackhethe Feld as well at Drayton as at Palenall and divers other places this Deponent divers and meny tymes hath herd the seid Erle openly declare for his wyll before this Deponent and divers others of his fellowes bothe Yomen and Gromes of the Chamber that his Cossyn Erle of Shrewsbury shuld have to him and to his heires for ever the Manoir of Drayton and other his Fee simple Landes after his Detts payd and his Wyll performed commaundnig this Deponent and other his fellowes to record and testifye the premysses Also this Deponent seith that the seid Erle aboute a moneth before his decesse gave lycense to this Deponent to goe to Newark upon Trent for suche besinesses as this Deponent there had to doe about whyche seasson this Deponent came to the Erle of Shrewsbury lyeing at Wynfeld at whose coming the seid Erle demaunded of this Deponent how his Cossyn Erle of Wiltshyre did Whereunto this Deponent aunswering seid that at his departing from the seid Erle of Wiltshyre he was metely in goode helthe whyche Erle of Shrewsbury then seid that the understode that the seid Erle of Wiltshyre shuld be decessed And then this Deponent seid that he would ryde streyht to his seid Lordes place to knowe the certente and to bryng redy word againe to the seid Erle of Shrewsbury
indeed the very Heir and of this Family it was which is so very admirable where Fortune and Virtue that are so oft at odds about the Creatures they intend to raise did both concur to make the Lords thereof so very Great with so little Envy Great they were as all the greatest Dignities could make them they had been Generals in the Field Admirals at the Sea Counsellors at the Board Ambassadors abroad Commissioners in the most important Treaties and borne the greatest Offices in the Houses of their Kings but greater far in that their Noble Qualities and Virtuous Actions did deserve them so as they seemed made to adorn those Honours which might well at first have been designed to illustrate other Men. For their Descent it was several ways derived from the Beds of Kings they took Marriages from the Crown and gave Wives into the Arms of Princes Their Estates were suitable to their other Greatness and the Rewards of their Services such as became the acknowledgment of generous Princes After all which I know not what could obstruct the Lustre of this House unless it were the Malignity of Oblivion or want of Friends within the House of Fame to obviate which these short Memorials are thought fit to be Recorded by a Servant and honourer of their Descendants THOMAS HOWARD Second Duke of Norfolk and Earl of Surrey Lord High Treasurer and Earl Marshal of England and Knight of the most Noble Order of the Garter CHAPTER I. THOMAS HOWARD who was afterward the Second Duke of Norfolk from whom more immediately the Howards of Effingham do Descend being the greatest and most happy Subject of his time it were not amiss for example sake to shew by what Education and Practices he became fit for such a Fortune for he was certainly the Son of Virtue and Chance or Favour had little share in his Prosperity He was by a prudent Father as soon as he was fit for Study committed to the severity of the Schools to the end a great Spirit under discipline might be acquainted with the moderations that are to be used in the course of Humane Life as that he should apply himself to obtain the Favour of the Muses whose Graces if he could acquire they would certainly be to him of use or comfort in every Fortune After he had such a tincture of Letters as was necessary for a Man that was neither design'd for the Pulpit nor the Bar the Lord Howard his Father sent him out of the Country where there was little improvement to be made besides enabling himself in the conduct of mean Sports or meaner Inclinations He addressed him to the Court where he was soon received in the quality of Page or Henchman to King Edward the Fourth continuing there till he came to Mans estate in perpetual practice of those Exercises that are necessary to fit a Man for the Knowledge and use of Arms of all which when he was become a Master he was ambitious to shew his Learning upon a proper Stage And hearing that the Duke of Burgundy one of the nearest and most considerable Allies of the Crown of England was undertaking a War against Lewis the Eleventh at that time King of France He begged leave of the King his Master to go into that Service in Company of other considerable Gentlemen of his own Country who desired to gain Knowledge and Experience in that great Art to be the better able afterward when there should be occasion to serve their own Prince and Country They were received with all the courtesie they could expect from that War-like Prince and had every Encouragement young Adventurers could pretend to in such an undertaking The young Howard did particularly advance into the Favour of the Duke by his extraordinary application to what he came for being the first in every occasion that could possibly gain him either Honor or Experience And thus he continued in this Service till the end of that War at which time he returned home to his own King loaden with the Rewards and Praises of the Duke of Burgundy King Edward as well for the desert of the Young Gentleman as to give Example and Encouragement to other of his Subjects for enabling themselves by such generous untertakings upon his Arrival did distinguish him by several Graces and took him into an Office at that time very considerable to be the Esquire of his Body whose duty it was to attend the King at his making ready both Morning and Evening and afterward he made him Knight He continued from thenceforth to follow King Edward in all his Fortunes he Fought by his side at the Field in Lincoln-shire at Banbury Field and was with him at Warwick when he was taken Prisoner by the Earl of that place And after the Kings escape into Flanders and that all the ways were so be-set as it was over hard for any of his Servants to get after him Sir Thomas Howard was fain to take sanctuary at Saint Johns in Colchester for the true love that he bore King Edward where he remained till the Kings Return upon which he immediately resorted to him and went with him to Barnet Field at which he was sore hurt The King after this being settled in the Throne and designing to go over into France with an Army Royal he sent thither before divers Gentlemen and having great opinion of the Conduct and Experience of Sir Thomas Howard from the Service he had seen under the Duke of Burgundy as because he had been with himself in so many Fields and Businesses he commanded him to go over with them that nothing might be done without his Advice till the Kings own Arrival And when King Edward and King Lewis met at the Barriers upon the River of Somme the said Sir Thomas Howard was with King Edward by the King's Commandment in that Occasion and no Man else save only the Chancellor of England the Chancellor of France and Sir Thomas Cheyny Sir John Howard the Father of Sir Thomas had before this been made Lord Howard and lived always exercised in the greatest Employments having just pretentions to the Honors and Lands of the Great and Antient House of Mowbray as Son and Heir to Margaret the Eldest Daughter to Thomas Mowbray the last Duke of Norfolk But Sir Thomas Howard his Son of whom we Treat having acquired noble Possessions of his own by his Services and his Wife's Inheritance who was Elizabeth Daughter and Heir of Sir Frederick Tilney did about this time desire the King's leave to retire from Court which having obtained he came into Norfolk and dwelt during the rest of King Edward's days at a House of his Wife 's called Ashwoldsthorpe where he kept an honourable House in favour of the whole Shire The Lord Howard his Father being yet alive and so continuing many Years after What was the inducement to this retreat is still uncertain but it is constant that the last Years of King Edward were so full of Faction
between the power of the Queen and her Kindred and the Ambition of his Brothers as it was not strange that Wise Men should desire to withdraw from the difficulties of keeping well with both or the danger of disobliging either In this condition remained the House of Howard at the death of Edward the Fourth and for some time after till the Ambition of King Richard with the Arts and Practices subservient thereunto had through Blood and Violence made way unto the Crown and that the Young King was destroyed with his Brother and as many of the great Lords as were like to have taken part with the unhappy Prince The new King after this being one of the most Politick as well as the most daring Princes in the World was not ignorant of the ill Actions he had committed nor of the consequences they were like to have he knew all the Friends he could make would be little enough to sustain him against the potent Enemies he had created And therefore he made it now his business to gain among the Nobles and among the People every Man that had Parts or Interests suitable to his occasions To this end knowing the Lord Howard and his Son had from the latter Years of King Edward been retired from the Court not oversatisfied and in no good Correspondence with the Queens Kindred which he had been forced to suppress He thought from the great interest they had and their exceeding reputation for Wisdom and Valour they were the sittest persons to be gained and the likeliest to adhere to him of any other He therefore invited them to Court and as an earnest of his Favour and dependance he created the Father Duke of Norfolk with the restitution of the Lands of his Mother's Inheritance and makes the Son at the same time Earl of Surrey They were also from thenceforth the chief in all his Councils and with this proceeding he captivates their grateful Hearts and makes them resolve to stand by him in every Fortune After King Richard had Reigned two years in all the endeavours that could be practised by a Wise Ruler to get his faults to be forgotten and to oblige his People by doing Justice and making good Laws and favouring particulars as far as was in his power he found notwithstanding from every part Clouds a-gathering in order to a Storm Abroad the Earl of Richmond sought for Aid at Home the Duke of Buckingham and other great Lords prepared to assist him In fine towards the end of the Second Year of his Reign that Earl Landed in England and at last the King was forced to see his Crown set at Com-promise in the Fortune of a Bloody Battel at Bosworth was the Fatal Field whereat this Criminal King was as prodigal of his own Blood as he had been of other Mens All that could be performed by the conduct of a Captain or the Valour of a Souldier he put in practice to save that Crown which had cost so many Crimes And when by the overthrow of some Troops and desertion of others he found it could not be as one that scorned to out-live his Power and his Fortune he threw himself into the Arms of Death as the only refuge against humane miseries John Duke of Norfolk his faithful Friend and Subject with his Son the Earl of Surrey Fought both this day in behalf of their Benefactor and the Duke who led on the Archers and had his post at the head of the Foot was there slain upon the place in performing that duty to which he was called by his Honor and his Gratitude The Earl toward the end of the day overcome by his own Valour which had spent his strength and spirits in continual exercise of Heroick Actions but that disdained to save his Life by flying from the Fortune of his Friends was taken by his Enemies and brought a Prisoner to the Victorious King The Earl of Surrey was at this time in the vigor of his youth Tall Strong and Graceful of a flourishing Health and Constitution and esteemed one of the best Men of Arms of that Age He was of a high Spirit but had a sober Aspect and was nothing dejected by his ill Fortune King Henry was surprized though not undelighted with the sight of a Man so extraordinary and after having said some thing to the other Prisoners of Quality he called for the Earl and ask'd him How he durst engage in the Service of so Vnjust and Cruel a Tyrant To whom the Earl Replied That King Richard was in the Throne before he came into his Interest and if he had found the Crown of England upon a Bush he would have Fought for it The King did not seem exasperated with so bold an Answer and with the rest he did dismiss him to the charge of those in whose custody he was to be conveyed to the Tower Within these fatal Walls which seemed built for the restraint of Hero's the Earl of Surrey was detained Three Years During which Imprisonment he often with gratitude acknowledged the Goodness and Care of the Duke his Father who had given him such a share of Learning as did enable him during that solitude to divert himself with the Records and Notions of Philosophy and other useful and esteemable Studies He had acquiesced in the determination of Heaven and the destruction of his Master who leaving no Heir to pretend a right to his farther Services this Earl did believe he might well submit to his Authority whom God had made a Conqueror who was now Crown'd and whose Royal Virtues did deserve that he should Reign He therefore refused all the invitations were made him by the King's Enemies and the Malecontents of that time of which there were many and those very potent to enter into the intriegues of their Faction He would not hear of the Dutchess of Burgundy nor of the Earl of Lincoln And when a great Consternation arose upon that Prince's Invasion and the Armies approach towards Stoake in Lincoln-shire in order to Fight with the King and his Forces the Lieutenant of the Tower offer'd the Earl his Liberty to have gone where he pleased but he generously refused it and said He would never leave to be a Prisoner but by his consent that had thought him worthy of such a punishment And so he continued till the King's return from the Battel of Stoake who having been informed of his submissive and modest behaviour during so long an Imprisonment and of the other great Capacities of the Earl which would render him very useful to any Prince that should imploy him he took him out of the Tower and made him one of his Privy-Council being as Polidore the Historian says Vir Prudentia Gravitate Constantia summa In the Fourth Year of this King he was restored by Act of Parliament to the Title of Earl of Surrey and to all those Lands that were of his Wife's Inheritance But after this he began to be set at the head of
several maintenances until their several Marriages I do Will Give Bequeath and Devise by this my Last Will and Testament unto my loving Friends Edward Watson and John Wake Esquires and to their Heirs for ever Two parts of my Maners of Carleton and Chillington in the County of Bedford in Three parts to be divided which I lately purchased of the Lord Vaux the Land Meadow and Common thereto belonging lying in the Fields of Turvey only excepted Also I will give and bequeath unto the said Edward Watson and John Wake and to their Heirs for ever Two parts of my Maner of Stacheden otherwise called Delwike in the County of Bedford in three parts to be divided lately by me purchased of Master William Cornwallis Esquire and Lucy his Wife one of the Daughters and Heirs of Sir John Nevill Knight Lord Latimer deceased and also two parts of my Maner and Closes of Snelson in the Parish of Lawenden in the County of Buckingham commonly called Snelson-Pastures in three parts to be divided or as much of my said Maners of Carleton and Chillington Stacheden called Delwike and Snelson-Pastures as shall amount unto two full parts of all the said Maners Closes and Pastures in three parts to be divided To the intent and purpose and upon special Trust and Confidence That if my Son Henry Mordaunt and his Heirs do not yearly pay to each of my Daughters for their several maintenances until their several Marriages the foresaid Summs of Fifty Pounds a piece with their several Meat Drink and Lodging or One hundred Marks a Year a piece without Meat and Drink so that each of them may quietly have and receive Fifty Pounds a Year and Meat and Drink or a Hundred Marks a piece without Meat and Drink according to my true meaning as aforesaid Then I will That the said Edward Watson and John Wake my said Executors for this purpose and their Heirs shall yearly after my death levy and receive the Rents Issues Profits of the Premises and pay unto my said two Daughters yearly as aforesaid to each of them the Summ of One hundred Marks for their several maintenance until the several days of their several Marriages and the rest remaining to deliver unto my Son Henry Mordaunt and his Heirs And to the intent and purpose and upon special Trust and Confidence That if my said Son Henry Mordaunt his Heirs Exccutors or Assigns shall not pay the said several Summs and every part and parcel of them before by me in this my Will to my Daughters and others bequeathed at such days and times as in this my Last Will is devised mentioned declared or intended according to my true meaning as I trust and assuredly hope he will Or shall resuse make denial or use detraction or delays Then I will That the said Edward Watson and John Wake or the Survivor of them and their Heirs shall bargain and sell to any person or persons their Heirs or Assigns for ever the said two parts of my said Maners Closes and Pastures with all and singular their Appurtenances in Carleton Chillington Stacheden called Delwike and Snelson aliàs Snelson-Pastures in three parts to be divided or as much thereof and of every part and parcel thereof as shall amount or fully extend unto the just value of two parts in three parts to be divided the Land in the Field of Turvey belonging to Carleton and Chillington only excepted for and towards the payment of their said several Portions before bequeathed And my intent is That if any Summ of Money shall be remaining over and besides the Legacies aforesaid which I will first to be satisfied then within convenient time after my Executors shall have received the same my said Executors and their Heirs shall deducting their reasonable Charges pay the same over unto my Son or to such other as shall be at that time my Heir Male of my House of Drayton And for that purpose only I mean for the maintenance of my Daughters and for the sale of my said Land as aforesaid if need so require I will that Edward Watson and John Wake Esquires and I will that _____ shall be my Supervisors for whose care in that behalf I give _____ And if my Son Henry depart this World without Heir Male my Daughters or any of them then surviving then my will is That my Daughter Katherine shall have in Augmentation of her Portion Five hundred Pounds more over and above her former Legacies And my Daughter Elizabeth also shall have Five hundred Pounds more beside her former Legacies And Arthur Maunsell if he be then alive shall have the like Summ of Five hundred Pounds otherwise I will the same to be divided between my Daughter Mary's two Sons Arthur and Henry Maunsell and that Edward Watson and John Wake and their Heirs my Executors also for this purpose shall stand seized of two parts of my Fee-simple Lands until such time as my Daughters be paid their Legacies by the next Heirs to whom my Son shall leave the same if my Son die without a Son But if my Son Henry have a Son that shall survive him then these three last Legacies bequeathed unto my Daughters Katherine and Elizabeth and the Children of my Daughter Mary touching their last bequests of Five hundred Pounds a piece shall be meerly void Nevertheless my Will is That though he have a Son my Daughters shall have their former Legacies and Portions according to my true meaning as aforesaid And my full Meaning and Will is That the Charges of my several Daughters Marriages in Meat Drink and Apparel according to their degrees shall be defrayed and born at the Costs and Charges of my Son Henry Mordaunt and his Heirs or such other to whom my Lands by vertue hereof shall descend Which if he or they shall refuse or not do Then I Will That Edward Watson and John Wake my Executors or the Survivor of them or their Heirs shall see performed out of such Lands as before and hereafter I have willed and devised to them and their Heirs as occasion shall serve And thus having disposed of my worldly Goods and taken order for my Daughters Portions and Debts which I wish to be first paid having a special care that all and every Person or Persons to whom I have sold any manner of Lands Tenements or Hereditaments shall quietly and peaceably enjoy the same according to my true intent and meaning Although my trust and hope is my Son and Heir and his and their Heirs and all those that are or shall be Heir or Heirs Males to John Lord Mordaunt my late Grandfather to John Lord Mordaunt my Father deceased to my self or to my Son Henry Mordaunt shall and will quietly and peaceably permit and suffer all those Person and Persons and their Heirs to whom I have sold any Maners Lands or Tenements as aforesaid to have hold and enjoy the same and every part and parcel of them to them and their Heirs for ever
Knight then our Attorney General did inform for divers great Contempts and Misprisions by them committed and done against us whereupon our said Court weighing and considering the quality of their said Offences did order and adjudge The said Henry Lord Mordaunt for his Offence therein should pay to our use for a Fine the Summ of Ten thousand Marks as by the Records of the said Court of Star-Chamber it doth and may appear And whereas the said Fine of Ten thousand Marks hath not been to us yet answered and paid so as the Lands Tenements Hereditaments Goods and Chattels of our Right Trusty and Welbeloved John Lord Mordaunt Son and Heir of the said Henry Lord Mordaunt deceased are chargeable subject and liable to and with the payment of the same Know ye nevertheless That we being graciously pleased to free and acquit the said John Lord Mordaunt and his Lands Tenements and Hereditaments Goods and Chattels of and from the said Fine and every part thereof of our special Grace certain Knowledge and meer Motion have Pardoned Remised and Released and by these Presents for Us our Heirs and Successors do Pardon Remit and Release unto the said John Lord Mordaunt by whatsoever Name or Names Sirname or Sirnames or addition of Names or Sirnames Dignity Place or Places the said John Lord Mordaunt is or lately was called or known the foresaid Fine or Summ of Ten thousand Marks and every part and parcel of the said Ten thousand Marks And further for the more full and absolute freeing and discharging of the said John Lord Mordaunt of and from the said Fine or Summ of Ten thousand Marks and of every part and parcel thereof We of our special Grace certain Knowledge and meer Motion for Us our Heirs and Successors do by these Presents Pardon Remit and Release unto the said John Lord Mordaunt all and all manner of Actions Suits Informations Seisures Extents Writs Processes Judgments Executions Impetitions Claims and Demands which we now have or which We our Heirs or Successors at any time hereafter can may or might have against the said John Lord Mordaunt his Heirs Executors Administrators or Assigns or his or their or any of their Lordships Maners Lands Tenements and Hereditaments Goods Chattels Rights Debts or Credits whatsoever for or in respect of the said Fine or Summ of Ten thousand Marks against or upon the said Henry Lord Mordaunt his said Father adjudged given set and imposed as aforesaid and him the said John Lord Mordaunt his Heirs Executors Administrators Terrtenants and Assigns and his and their Lands Tenements and Hereditaments Goods Chattels Rights Debts and Credits of for from and concerning the said Fine or Summ of Ten thousand Marks and every part and parcel thereof We do for Us our Heirs and Successors clearly and absolutely Acquit Exonerat Free and Discharge for ever by these Presents Willing and by these Presents for Us our Heirs and Successors straitly charging and requiring our said Commissioners for our Treasury and the Treasurer Chancellor and Under-Treasurer Chamberlains Barons and Remembrancers of the Exchequer of Us our Heirs and Successors for the time being and all other the Officers and Ministers of the said Court for the time being whom it may concern and all other the Officers and Ministers of Us our Heirs and Successors whomsoever That he the said John Lord Mordaunt his Heirs Executors Administrators Terrtenants or Assigns or any his or their Lordships Maners Lands Tenements Hereditaments Goods Chattels Leases Debts Rights or Credits or any of them or any part or parcel thereof for or by reason of the said Fine or Summ of Ten thousand Marks or any part thereof be not hereafter by any of the Sheriff Under-Sheriff Bayliff or other Officers or Ministers of Us our Heirs and Successors in any wise Sued Vexed Extended Seized Troubled Molested Impeached Questioned or Inquieted but shall thereof be fully freely clearly and absolutely from henceforth by virtue and upon shewing forth of these Presents or the Inrolment Constat or Exemplification thereof acquitted exonerated and discharged against Us our Heirs and Successors the said Order Decree Sentence Fine and Judgment of our said Court of Star-Chamber herein before mentioned or any matter or thing therein contained or any Estreat Process Seisure or Extent heretofore awarded had or made touching the Premises or any Act Statute Ordinance Provision Proclamation or Restraint whatsoever to the contrary thereof in any wise notwithstanding And further We do for Us our Heirs and Successors of our especial Grace certain Knowledge and meer Motion Will and Grant to the said John Lord Mordaunt by these Presents That these our Letters Patents of Pardon or the Inrolment thereof and every Clause Grant Article Matter or Thing therein contained shall be good sufficient and effectual in the Law and shall be taken construed and adjudged most strongly against Us our Heirs and Successors and most favourably benignly and beneficially to and for the said John Lord Mordaunt his Heirs Executors Administrators and Assigns for the full clear and absolute Pardoning Releasing Freeing and Discharging him them and every of them and his and their Maners Lands Tenements Hereditaments Goods Chattels Rights Debts and Credits of for from and concerning the said Fine or Summ of Ten thousand Marks so ordered decreed and adjudged as aforesaid and every part and parcel thereof And of and from all and every Writ Process Extents Seisures Executions Claims Benefits and Demands whatsoever which we now have or which we our Heirs or Successors at any time hereafter shall might or may have for touching or concerning the Premises Notwithstanding the not true or not certain or not reciting naming or mentioning the said Information wherein or upon which the said Fine was set or assessed upon the said Henry Lord Mordaunt or of the Offences or Misdemeanors or other Cause for which the same was set or assessed or of the natures or qualities of any of them And notwithstanding the not mentioning not reciting or not true and certain meaning or reciting of the just Day or time of the said Sentence or Judgment therein given as aforesaid or any Act Statute Ordinance Provision Commandment Order or Restraint or any other Incertainty Defect or Imperfection Cause Matter or Thing whatsoever to the contrary hereof in any wise notwithstanding Although express mention of the Certainty of the Premises or of any of them or of any other Gift or Grant by us or any of our Progenitors or Predecessors to the said John Lord Mordaunt before this time made in these Presents is not made Any Statute Act Ordinance Provision or Restraint heretofore had meaned ordained or provided or any other matter cause or thing whatsoever to the contrary thereof in any wise notwithstanding In Witness whereof we have caused these our Letters to be made Patents Witness our self at Westminster the Eleventh Day of March in the seventeenth Year of Our Reign of England France and Ireland and of Scotland the
Islands Lands and Countries which now are or which hereafter during this our Commission shall be delivered or reduced to our obedience within any of the Kingdoms aforesaid And we do hereby give you Authority to make approve and execute such Laws and Ordinances making the same as near as may be conformable to the Laws of England for the better carrying on of the Civil Government of our said City of Tangier or any other Cities or Places which are or shall happen to be under your command and may best stand with the peace and good government of the People and Places commanded by you and to punish pardon or remit Offences against any of the Laws or Ordinances aforesaid And we do hereby further authorize you to entertain Trade and to give license to others to Trade and to proceed by such ways and means for the advance and encouragement of Trade as you in your discretion shall think fit until you shall receive further or other Directions from us And to appoint and establish Officers proper for the administration of publick Justice as may best suit with your Interest and with such Instructions as you shall receive from us from time to time and to impose and raise such reasonable Taxes Contributions Customs or other Payments as you shall judge necessary to our affairs And our will and pleasure is That all Confiscations Prizes Goods Merchandizes condemned by a Court of Admiralty and all other Forfeitures Customs or other Payments or Profits which shall be taken by you be put into account which account shall be transmitted hither unto us or to such as we shall appoint once every Year and that ye imploy the proceeds thereof to our Service for the supply of the Magazines or Forces under your Command until we shall order you to dispose otherwise of the same And we do further impower you under your Hand and Seal to appoint your Deputy or Deputies by what Name or Qualities you shall think fit to execute all or any of those Powers and Authorities by these Presents granted unto you and we do give to such person and persons so appointed by you full Power and Authority to do and execute whatsoever he or they respectively shall be by you appointed to do or execute To have hold exercise and enjoy the said Offices of Captain-General Chief Governor and Vice-Admiral and all and every the Powers and Authorities aforesaid by you and by your Deputy and Deputies as aforesaid during our will and pleasure And further we do hereby give and grant for us our Heirs and Successors that for whatsoever you or any by your Commission Warrant or Command shall lawfully do by vertue of this our Commission or the Instructions which you at any time shall receive from us the shewing forth of these our Letters Patents or the Inroâ—â—ent thereof shall be in all and every of our Courts and else-where in our Dominions a sufficient Discharge and Acquittal in that behalf to you or such as shall act under you against us our Heirs and Successors and free you and them from all impeachment and other molestations for the same In witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the Sixth Day of September in the Thirteenth Year of our Reign Per ipsum Regem Barker Instructions for the Earl of Peterborow General of our Army designed for Tangier in Africa I. YOU are by vertue of your Commission under our Great Seal and such Warrants and Directions as you have had from us or our Council to receive under your Command the Forces of Horse and Foot raised in England and two Regiments appointed for this service at Dunkirke and from the Rendezvous at Portsmouth wind and weather serving to sail directly to our City of Tangier II. Being there arrived you are as our General and Governor of that City and Country within the extent of your Commission to demand and receive the same with the Artillery Ammunition c. into your possession from the Governor of our Brother the King of Portugal III. You are to signifie to the Earl of Sandwich the delivery of Tangier as soon as you receive it and send some trusty Person with your Bills of Exchange for c. to Lisbon where the same is to be paid and sent by his Lordship in a good Ship to Tangier as we have directed IV. You are to endeavour to entertain into our Service such of the Portugal Horse as are willing to continue there upon the pay appointed by the establishment for Horse delivered to you And upon your Certificate to the Earl of Sandwich what summ of money is requisite to provide for them in equality with the Horse sent from England And order shall be taken to return the same to you immediately from Lisbon V. You are not to apply any of the Provisions or Pay of our Army for the support of any of the Inhabitants not in Pay but in all cases of their want or straits you are to dispose of them so any thing to the contrary notwithstanding that our City of Tangier may not be endangered thereby VI. Having given you by Commission full Power and Authority to treat and conclude upon what Conditions and Terms of Peace or Neutrality with any Prince or People of those Parts you shall judge most for our Honour and Service We are not willing to limit you further therein then that except it be in extream Accidents we expect that you refer all your agreements to our Ratification and that they be no longer binding if we refuse to give the same after notification of such our Refusal VII Our main design in putting our self to this great charge for making this addition to our Dominions being to gain to our Subjects the trade of Barbary and to enlarge our Dominions in that Sea and advance thereby the Honour of our Crown and the general Commerce and Well-fare of our Subjects you are to declare That we are graciously pleased that no Duties Customs or other Taxes whatsoever shall be laid by us or any under us upon any Goods imported or exported to or from our City of Tangier but that it shall be and remain a free Port for _____ years and you are with all convenient speed to consider and advise of the best ways and means for Encouragement and Invitation of our Subjects and Strangers to Reside and Trade And as that which we judge absolutely necessary to those ends you are speedily to consider of the making of a Mould for a sure station of Shipping and to transmit to us the Design and Estimate thereof beginning in the mean while with such preparations as the Souldiers can be perswaded to till upon consideration of your advice therein treasure shall be transmitted for that end VIII And whereas after you have received into your Power and Obedience our aforesaid City of Tangier and setled and established there in the best manner you shall be able our