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.

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 over∣plus 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, de∣clare 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 Provi∣sions, 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 notwith∣standing 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 Provi∣sion 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 the penning of it: For notwithstanding it was the intent of their said Father, that it should never be in the power of any to bar the said future Provisions; yet the same was so drawn, that the Lord Marshal hath absolutely destroyed and barred all those future Estates, so that the same can never be revived but by his said Lordships own Act, if that can do it, or by an Act of Parliament for that purpose.

All the satisfaction which hath been given for these respective Provisions hath been, That the said Edward and Bernard, as each of them came to the age of 21 years, were told by the Lord Marshal of the said first Provision particularly; and that the Debts to be paid were so great, that the overplus would not amount to near 2000 l. apiece to them. But that his Lordship would nevertheless give unto each of them a Rent-charge for life of 300 l. per annum apiece, which he valued at 2100 l. apiece. And having Draughts pre∣pared and ready Engrossed for that purpose by his own Councel, they accepted, and he executed the Deeds accordingly; by which neither of them have any other remedy for their said Rents, but barely a Distress upon Lands; so that for every half-years Rent due and unpaid, they must be driven to a chargeable Suit (which is their present case) to recover every half-years Rent. And his Lordship was then likewise pleased to promise, to allow unto each of them Diet and Lodgings, and other advantages and conveniences, which he did allow for some years in kind; and afterwards for some few years he allowed unto each of them 200 l. per annum, in lieu of those conveniences: But this is now, and hath been for some time stopt.

As touching the said second Provision, which they expresly aver, (and are ready to affirm upon Oath) That they did not know any thing in particular of the same when their said Rents were granted, nor until very lately. They did lately address to the said Lord Marshal, and prayed to have the benefit of the same for the future; and an accompt and satisfaction for what was due for the same for the time past: Representing that they had never received more upon any accompt of any Provisions made for them out of the Estate of their Family, then as is before mentioned. To which his Lordship answered, that he did own they had no other satisfaction then as aforesaid: But declared, that the respective satisfactions of the 300 l. Rents-charge, which he had granted to each of them, and which he valued at 2100 l. apiece, was in reality of more value then what could any ways come to them by both the aforesaid Provisions; Averring, that for the said Rents of 300 l. apiece they had each of them sold, Conveyed, or Released to him, or others in Trust for him, both the said Provisions, and all that was or could be due upon the same; and had by their own Acts barred themselves from demanding any thing farther.

The Grounds and Reasons of and for the said third and last before mentioned Demand.

3. Upon the death of their Grandmother, there was a Cabinet of Jewels and Rarities to the value of above 30000 l. part of the Estate of their said Grandmother, put into the hands

of the Lord Marshal by their Uncle the Lord Viscount Stafford, for the use of the said Lord Marshal, and all the Children of their Father, (except their Brother Charles) and to be as their share of their said Grandmothers personal Estate. The reason why their Brother Charles was to have no share therein being, that their said Uncle had given him 1000 l. in monies, which he had accepted as his share of the said personal Estate. For this they have never as yet received any satisfaction.