Henry Howard, 15th Earl of Arundel

Henry Frederick Howard, 15th Earl of Arundel PC (15 August 1608  17 April 1652), styled Lord Maltravers until 1640, and Baron Mowbray from 1640 until 1652, was an English nobleman, chiefly remembered for his role in the development of the rule against perpetuities.

The Earl of Arundel
Born15 August 1608
Died17 April 1652(1652-04-17) (aged 43)
BuriedArundel Castle, Arundel, West Sussex, England
Noble familyHoward
Spouse(s)Lady Elizabeth Stuart
Issue
FatherThomas Howard, 14th Earl of Arundel
MotherAlethea Talbot

Background

Arundel was the second son of Thomas Howard, 14th Earl of Arundel, and Lady Alethea Talbot, later 13th Baroness Furnivall. After his father's death in 1646 he became Earl of Arundel and the titular head of the Howard family.

Early life

Arundel's grandmother Anne, the dowager Countess, arranged for Henry to be baptised and christened as "Frederick Henry" at Woodstock Palace with Queen Anne as godmother. The Queen's children Henry and Elizabeth were also present.[1] He studied at St John's College, Cambridge, matriculating in 1624.[2]

Public life

Before ascending to the peerage, Lord Arundel had served as Member of Parliament for Arundel in the Parliament of England from 1628 until 1629. He was again elected to represent Arundel in March 1640, but was called to the House of Lords by writ of acceleration as Baron Mowbray, one of his father's subsidiary titles, before he could take his seat. He also represented Callan in the Parliament of Ireland in 1634. He had been due to inherit his mother's peerage (Baron Furnivall), but he pre-deceased her and upon her death in 1654 it was inherited by his eldest son Thomas.

The entailment

Henry sought to control the succession to some of his real property after his death. Toward that end, he placed in his will a shifting executory limitation so that title to some property would pass to his eldest son (who was mentally deficient) and then to his second son, and title to other property would pass to his second son, and then to his fourth son. The estate plan also included provisions for shifting the titles many generations later if certain conditions should occur.

When his second son, Henry, succeeded to the elder brother's property, he did not want to pass the other property to his younger brother, Charles. Charles sued to enforce his interest, and the court (in this instance, the House of Lords) held that such a shifting condition could not exist indefinitely. The judges believed that tying up property too long beyond the lives of people living at the time was wrong, although the exact period was not determined for another 150 years.[3]

Family

Lord Arundel married Lady Elizabeth Stuart, daughter of Esme Stuart, 3rd Duke of Lennox, on 7 March 1626. They had nine sons and three daughters:

  • Thomas Howard, 5th Duke of Norfolk (1626/27–1677), died without issue
  • Henry Howard, 6th Duke of Norfolk (1628–1683/84), had issue; (ancestor of 7th through 9th Dukes of Norfolk)
  • Hon. Philip Howard (1629–1694), Catholic Cardinal
  • Hon. Charles Howard (1630–1713), married Mary Tattershall (d. 1695), had issue, including Henry Howard of Greystoke; who married Mary Aylward (d. 1747), had issue, including Charles Howard, 10th Duke of Norfolk (through whom Charles Howard, 11th Duke of Norfolk was also descended);
  • Lady Anne Howard (born 1632)
  • Lady Catherine Howard (1634–1655)
  • Hon. Talbot Howard (born 1636)
  • Hon. Edward Howard (1637–1691), married Anne Wilbraham, had issue. Edward's great-grandson Thomas Howard (1736–1824), a Quaker, renounced succession c. 1812; succession then passed to the issue of Hon. Bernard Howard of Glossop (below).
  • Hon. Francis Howard (1640–1683), died in Geele, Belgium as stated in his brother Cardinal Philip Howard's Biography.
  • Hon. Bernard Howard of Glossop (1641–1717), married Catherine Tattershall (died 1727, sister of his brother Charles's wife Mary) and had issue, including Bernard Howard II of Glossop, who married Anne Roper (died 1744), had issue, including Henry Howard of Glossop and Sheffield, who married Juliana Molyneux, had issue, including Bernard Howard, 12th Duke of Norfolk (from who all subsequent Dukes of Norfolk descend) and Lord Henry Howard-Molyneux-Howard;
  • Hon. Esme Howard (1645–1728), had one daughter, who died unmarried
  • Lady Elizabeth Howard (1651–1705)
  • Hon. John Howard (1652–1711)

Ancestry

References

  1. G. R. Batho. ed., Calendar of Talbot Papers, vol.2 (HMC, HMSO, 1971), p. 336: Lodge vol. 3, p. 238
  2. Linehan, Peter (2011). St John's College Cambridge: A History. Woodbridge: The Boydell Press. pp. 101–2. ISBN 978-1843836087.
  3. Cadell v. Palmer 1 Cl. & Fin. 372, 6 Eng. Rep. 936 (H.L. 1832, 1833)
Parliament of England
Preceded by
William Mill
Nicholas Jordain
Member of Parliament for Arundel
1628–1629
With: John Alford
Succeeded by
Parliament suspended until 1640
Parliament of Ireland
Preceded by
Member of Parliament for Callan
1634–1635
Succeeded by
Political offices
Preceded by
The Earl of Cumberland
The Lord Clifford
The Earl of Suffolk
Lord Lieutenant of Northumberland
jointly with The Earl of Arundel
The Earl of Cumberland
The Lord Clifford
The Earl of Suffolk

1632–1639
Succeeded by
The Earl of Northumberland
Lord Lieutenant of Westmorland
jointly with The Earl of Arundel
The Earl of Cumberland
The Lord Clifford
The Earl of Suffolk

1632–1639
Succeeded by
The Earl of Cumberland
The Lord Clifford
Lord Lieutenant of Cumberland
jointly with The Earl of Arundel 1632–1642
The Earl of Cumberland 1632–1639
The Lord Clifford 1632–1639
The Earl of Suffolk 1632–1639

1632–1642
Vacant
Preceded by
The Earl of Arundel
Lord Lieutenant of Norfolk
jointly with The Earl of Arundel 1633–1642

1633–1642
Preceded by
The Earl of Nottingham
The Viscount Wimbledon
The Earl of Arundel
Lord Lieutenant of Surrey
jointly with The Earl of Nottingham 1636–1642
The Viscount Wimbledon 1636–1638
The Earl of Arundel 1636–1642

1636–1642
Preceded by
The Earl of Dorset
The Earl of Northumberland
Lord Lieutenant of Sussex
jointly with The Earl of Dorset
The Earl of Northumberland

1636–1642
Preceded by
The Earl of Arundel
Custos Rotulorum of Norfolk, Sussex and Surrey
1636–1642
Peerage of England
Preceded by
Thomas Howard
Earl of Arundel
1646–1652
Succeeded by
Thomas Howard
Baron Mowbray
(writ in acceleration)

1640–1652
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