Page:History of Norfolk 5.djvu/269

 controversies: if he was defective in any thing, it was that he could not bring his mind to his fortune, which though very great, was far too little for the vastness of his noble designs, which were only for the glory and ornament of his country, and may well be excused. When he was constituted Earl-Marshal of England, he revived that honourable court, which had anciently been held by the Constable and Marshal jointly; wherein remedy was given for such abusive provocations as might occasion no little bloodshed by duels, or other mischievous ways of revenge; and some scruple being made as to the jurisdiction of Earl-Marshal alone, he the year after obtained other letters patent, bearing date Aug. 1, 20 Jac. I. 1621, whereby the King, after mature advice had with the lords of his council, did declare, that in the vacancy of the Constable of England, the EarlMarshal had the like jurisdiction in the court, as both Constable and Marshal jointly, ever exercised; commanding him to proceed accordingly; which he thereupon did, with much honour to himself and his authority, and to the great satisfaction of the nobility and gentry of the realm, in cases where they received such affronts and injuries; for which (by the rule of the common law) no redress could be had; until, by the votes of a predominant party, in that parliament (which destroyed monarchy and episcopacy, and brought all things into confusion) his jurisdiction in the court was questioned.

17. HENRY HOWARD Lord Mowbray and Maltravers, (as he was called in his father's lifetime, and as such, sat in parliament,) succeeded him in his honours. In 1626, he married the Lady Elizabeth Stewart, eldest daughter of Esme Stewart Lord of Aubigny, Earl of March, and afterwards Duke of Lenox; but it being without the King's consent, he and his lady were confined some time to Lambeth, with Archbishop Abbot; but after that, he was called up by writ to the house of peers, as Lord Mowbray and Maltravers. When the rebellion brake out in 1641, he faithfully adhered to the King, and served in his army till about the end of the year 1645, when he visited his father in Italy, and was with him when he died, and returned with his corpse into England. During the tyrannick government of his native country under Cromwell, he lived retired till his death, which happened Apr. 17, 1652, when he was buried at Arundel.

He had by his lady, nine sons, and three daughters, whereof Anne died young, Catherine was married to John Digby of Gothurst in Buckinghamshire, Esq. and Elizabeth to Alexander Macdonnel, grandson to the Earl of Antrim in Ireland; his sons were, Thomas, Henry, Philip, Charles, Talbot, Edward, Francis, Bernard, and Esme.

18. THOMAS HOWARD succeeded him in his titles of Earl of Arundel, Surrey, and Norfolk; and after the restoration of Charles II. in the year 1661, at the humble petition of James Howard Earl of