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. 1677 Approx. 43 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A44626 Wing H2970 ESTC R36005 15586168 ocm 15586168 103976

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 Early English books online. (EEBO-TCP ; phase 1, no. A44626) Transcribed from: (Early English Books Online ; image set 103976) Images scanned from microfilm: (Early English books, 1641-1700 ; 1150:19) 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. 8 p. s.n., [London : 1677?] Caption title. Date and place of publication suggested by Wing. Includes memorial of Alexander MacDonnel on behalf of his wife, Elizabeth, and the response of Henry Duke of Norfolk to all three. Reproduction of original in the Bodleian Library.

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 eng Remainders (Estates) -- England. Future interests -- England. 2003-09 Assigned for keying and markup 2003-09 Keyed and coded from ProQuest page images 2003-11 Sampled and proofread 2003-11 Text and markup reviewed and edited 2003-12 Batch review (QC) and XML conversion
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 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 prepared 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.

The Answer of the Earl Marshal, put in January the 9th, 1676. to a Memorial delivered to his Majesty, by his Brothers Mr. Edward and Mr. Bernard Howard, touching their Demands from his Lordship.
The Demands being Three,

TO the first his Lordship saith, That he never offered or promised to waive all Acts by them respectively done, and to come to an Accompt with them for the several benefits which ought to accrue to them, upon the respective Provisions made for them, and by them released and assigned, mentioned in this Demand; nor was there any ground or occasion for the same, there being no Reference or meeting at any time touching these Demands, or any Demand made till they lately exhibited their Bill in the Exchequer, to avoid their own Agreements: Which upon his Lordships Answer and Plea, they thought fit immediately to dismiss with Costs: Yet its above 14 years since that the last Agreement was made with the youngest of them. But (as in his Lordships Answer to the same Suggestion in their Bill aforesaid) he saith, That if an Accompt could be easily stated, and they responsible and obliged to answer what should be due thereupon, it would prove many Thousands of pounds for his Lordships advantage. But his Lordship (for the reasons aforesaid) neither did or doth think fit to put himself to the trouble thereof, only to gratifie them who have so ill deserved it. And his Lordship doth aver, That (at the making of the said Agreement) he did give to them, as he did to other his Brothers, double the yearly values of what they could pretend to, eitheir by their Fathers Will, or upon the Trust of the Fine Sur concessit; which latter being but during the life of the Duke, the Brother of the said Earl, he made the aforesaid Provision absolutely to them during their respective lives, to the end that after the death of the Duke they might not want a subsistency. And herewith they were so well satisfied, that some time after the said Agreement made and executed, they gave it under their respective hands and seals, (reciting what they had released and assigned to his Lordship, and what he had granted to them in lieu thereof) that by the said Agreement they were much obliged and advantaged, and gratefully acknowledged the same, contrary to all which they offer to swear in their Memorial.

But now if his Lordship will continue to them respectively 200 l. per annum, which he sometime formerly out of bounty helped them to, they will be satisfied to waive the aforesaid matter of Accompt: So that it's plain, how this first Demand is only made use of to obtain the latter, which his Lordship can no ways gratifie them in, but by justifying them in their proceedings and Demands, and the accusing of himself by the rewarding of them for their so great and false clamours, scandals and proceedings still renewed in the Courts of Judicature against him, and obstructing the peace and quiet of his Lordship and their Family.

And for the better securing the payment of the Rents-charge, his Lordship is advised, That the same is granted to them as all Rents-charge are usually made; and doth averr the Estate is more then sufficient value, and not incumbred, as 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 as is affirmed in their said first Demand; and that the Right Honourable the Lord Privy Seal hath already personally testified unto his Majesty, that the said Lord Marshal did make such promise; and they are likewise ready, for his Majesties farther satisfaction therein, if required by his Majesty, to produce farther proof of this matter of Fact. And they humbly pray, that the proof of this Fact may be admitted and taken by his Majesty, as a just measure of the truth of such other matters as are affirmed by them in their said Memorial, and denied by his said Lordship in his Answer. 2. As to their Bill exhibited against his Lordship in the Exchequer, and the dismission of the same with Costs upon his Lordships Plea, they say, That true it is, they did exhibit a Bill in the Exchequer against his Lordship, to have a performance of his said promise in the said first Demand mentioned; believing that his Lordship would not have denied, but rather that he would have owned and made good his said promise; and that he would according to his promise, have come to an Accompt with them, waiving all Acts done by them respectively, which might bar them from demanding such Accompt: But when they found by his Lordships pleading several Acts done by them, that he would not perform his said promise, they then upon their own motion had their said Bill dismissed, with ordinary Costs of Court in such cases, (viz. 20 s.) 3. As to the Reasons given by his Lordship for not coming to an Accompt as demanded, namely, That the Demandants are not responsible▪ nor obliged to answer what shall be found due from them upon such Accompt, settled as demanded: In case any thing shall be found so due, and that it will require much trouble to state the Accompts demanded, they say, That if his Lordship will be so just to his said promise, as to come to an Accompt as desired, they are willing that it shall be part of the Order of Reference, by which such Accompt shall be referred to be taken by Referrees, that his Lordship on his part, and the Demandants on their part, shall give good Security, such as the Court which shall make the said Order shall approve, to answer what shall be found due to the other, upon such Accompt settled; and they desire to leave it to such Accompt, to determine whether they have received to the value of what was of right due to them. And they are so far from being conscious, that their Proposal of making Oath unto what they offered in their said Memorial to confirm by Oath, was a rash or inconsiderate Proposal, that they still offer to do the same, if his Majesty shall think it necessary. And if his Lordship shall please to produce unto his Majesty, the Instrument of Acknowledgement which he in his Answer glories in, to be perused and considered of by some of his Majesties learned Councel, the Demandants are very confident, that the vain and unusual clauses in it, will prevail with his Majesties said Councel to believe, that if the Demandants did execute the same, and shall make Oath that they did not advise with Councel touching the same, and that they did not read the same before they executed the same, the said Councel, as well as his Majesty, will believe both parts of such Oath to be true. And as to the advantage pretended by his Lordship to be given to the Demandants, in granting to each of them a Rent-charge of 300 l. per annum, for their respective lives, recoverable only by Distress; which is a Suit for every half-years Rent, and may be stopped by Priviledge of Parliament, as often as a Parliament shall be sitting; and this for the purchase of 3000 l. due to each of them from his Lordship before the said Rent-charge granted; and also for the purchase of their respective Interests in the Twelfth part of the Rents and Profits of an Estate for the Duke of Norfolk's life, worth about 700 l. or 800 l. per annum; which respective Twelfth parts was not to determine by the respective deaths of the Demandants, as they have been often told, but on the contrary, they find by the Deeds it was to accrue to their respective Executors or Assigns, during the life of the said Duke. Whoever shall consider the said transaction, will find that there was a considerable advantage gained by his Lordships granting of the said Rents: But they will see, that the advantage was so great on his Lordships part, that if his Lordship had granted to each of the Demandants 600 l. per annum Lands of Inheritance, for what he then prevailed with them to depart with, he had been a considerable gainer by the bargain, as his Lordship hath managed the affair. As they doubt not but the same would appear, upon the settling of the Accompt by them demanded, if his Lordships Honour would be prevailed with to come to such Accompt. Which Accompt these Demandants say is so far from requiring any trouble from his Lordship, (unless he esteems it a trouble to do them right, which is a very great trouble to them to find) that to secure his Lordship from all apprehensions of that nature, they will be willing to admit the Charge in relation to the Rents of the Lands in the Fine Sur concessit, and the Fines raised by Leases upon those Lands, to be as they were charged by his Lordship's Agent, upon the late Reference between his Lordship and Mr. Mac Donnel, (the Demandants Brother-in-Law;) in which the Lord Privy Seal, and the Lord Viscount Hallifax, were two of the Referrees: So that there needs no more trouble, then to add to the said Charge the value of the Timber felled upon those Lands, and the accompt of the Rents and Profits of those Lands, and Fines raised by Leases since the time for which that accompt was given, and to leave all those, with the Discharges demanded upon that accompt, (which are all ready drawn up and written) to the Judgment of such Referrees as shall be appointed, pursuant to the said first Demand.

As to the Answer to the second part of the first Demand, they say,

1. As to that of the first Demand which concerns those respective allowances of 200 l. per annum apiece, which his Lordship formerly allowed them for Diet and Lodgings, and the Arrears thereof, the reason of that Demand stands thus: His Lordship was pleased several times, after the death of their Father, to tell them, that he had promised their Father, to be a Father to them after their Father's death; And as often as his Lordship acknowledged this, it was his custom to averr, that he would religiously perform such his promise made unto their Father: And as a testimony of such performance, his Lordship did for some time allow unto them Diet and Lodgings for them and their Servants in Arundel house. After the allowance for some time of those conveniences, his Lordship having occasion to go beyond the Seas, and give over House-keeping, declared that he would allow unto each of them 200 l. per annum, in lieu of those conveniences; and for some time did so. Having this promise, they esteemed those allowances secure, and the rather for that his Lordship being long since desired by his Majehy, to secure unto the said Bernard the aforesaid allowance by some Land-security, his Lordship was pleased to give unto his Majesty so great a reason to believe that he would do so, that his Majesty relying thereupon, hath several times pleased to tell the said Bernard, that his Majesty would be Garranty for his Lordships paying the arrears of the said allowance, and for securing the growing payment of the same allowance upon Land-security, for the life of the said Bernard. The Demandants being to deliver in a Paper into the hands of his Majesty, of what they had to demand from his Lordship; and finding that his Lordship had solemnly denied in his Answer to their Bill, that Promise which he made touching his coming to an Accompt, as is desired in the first part of this Demand, esteemed it advisable to demand the continuance and securing of their aforesaid Allowances, to the end his Majesty might see whether his Lordship would perform any thing. This was the reason of this part of their Demand, which they will not only freely quit, (if his Lordship will satisfie the first part of this first Demand) but they will also each of them be obliged to present his Lordship with 500 l. upon his Lordships satisfying the said first part of this first Demand, and paying unto them what upon such Accompt as is there demanded, shall be found due to them respectively. And by this they hope that second part of their said first Demand, stands justified from the construction put upon it by his Lordship. And as to the better securing of the Rents to which they are at present entituled, they insist as in their said first Demand, to have better security for the same then bare Distresses; and that they may have not only their arrears of their said respective Rents, but also the charges by them respectively expended in taking such Distresses as they were compelled to take, for the recovery of the said arrears, from the time his Lordship ordered his Receiver to forbear the payment of the said Rents. As to the ill language and undecent expressions, which close up the Answer to the said first Demand, they reply nothing, but leave the consideration thereof to his Majesty.

As to the Answer to the second Demand, they say,

That it containing no more then a flat denial of the Demand, which craved relief in a case wherein they can have no relief, in the present circumstances, (in which they hear (from his Lordship's Agent Mr. Marriot) he hath put the Estate mentioned, by settling the same upon his Lordship's Issue by a second Venter) but by his Lordship's free Act, or by an Act of Parliament; They conceive, for the reasons mentioned in their Memorial, in relation to that Demand, (of which reasons his Lordship is pleased to take no notice) his Majesty will think it fitting to prevail with his Lordship, to comply with the said second Demand; the case being (as these Demandants are advised) a case of a meer Trust, and far differing from the cases of Common Entails; as they conceive will appear by their Reasons contained in their Memorial relating to the same, and unto which they refer themselves in this particular.

As to the Answer to the third Demand, they say,

1. As to so much thereof as contains a flat denial of a meer matter of Fact, viz. his Lordship's Agreement made with the Lord Stafford, they refer themselves to the first part of their Reply to the said Answer. 2. As to what is charged on the Demandants, or either of them, touching their joyning in a Bill with their Brother Mac Donnel, and the Lady Elizabeth his Wife, their Sister, and touching their having no joynt Interest with them; These Demandants and each of them for Reply say, that their joyning in the said Bill, for so much as they did joyn, viz. to pray an accompt of the Cabinet mentioned in the said third Demand, was for the saving of expences, and because in that particular their Interests are so joyned, that if these Demandants had not been in that point joyned as Complainants with them, they must have made them Defendants, or have given his Lordship a cause of demurring against their Bill, as these Demandants were and are advised by their Councel. 3. As to what is charged against one of the Demandants, touching the said Mr. Mac Donnel's having more cause to complain against the said Demandant, then against his Lordship; It is replyed, by referring to the Printed Case of the said Mr. Mac Donnel hereunto annexed, not long since presented by the said Lady Elizabeth to his Majesty; (purporting the causes which the said Mr. Mac Donnel and the said Lady Elizabeth then had, and (as is believed) still have to complain against his Lordship.) And until his Lordship can name and prove any one Act done by these Demandants, or either of them, to the oppression of the said Mr. Mac Donnel and his said Wife, or either of them, they beseech his Lordship, for his own sake, to forbear such Charges, since they can serve for no other end then to give occasion to others to inquire into, and then make discoveries of his Lordship's actions; which whether it will be of any advantage to his Lordship, is referred unto his Lordship's better Judgment.

As to the close of the said Answer, they say, That they are not conscious to themselves of having reported or affirmed any thing of his Lordship, in any place, or at any time, which was against Justice or Truth, and which they were not compelled to say in Justification of their own Honour, where endeavours had been made to weaken their Reputations, and to disable them to have Credit in the world, after his Lordship had stopped the payment of their Rents: But in case his Lordship can charge and prove, (which they expect) that they or either of them, have in any place reported or said any thing in relation to his Lordship, which they do not prove to be true, the party or parties offending will own the fault, and submit to any due punishment for the same. And having offered this, they must expect it as a Justice from his Lordship, to charge and prove something in particular against them of this nature; or else that his Lordship will ask his Majesty pardon, for having charged them to his Majesty under his Lordship's hand, so injuriously without cause.

For a close of all they humbly hope, That upon an exact consideration of their Demands, and his Lordship's Answer thereunto, together with their Reply, it is demonstrative, First, That the Accompt promised and insisted for, is not only possible, but easie to be made. 2. That his Lordship believes so himself, else he would never perswade his Majesty to believe, 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.