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Henry Howard, 15th Earl of Arundel

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The Earl of Arundel
Born15 August 1608
Died17 April 1652
Noble familyHouse of Howard
Spouse(s)Lady Elizabeth Stuart
IssueThomas Howard, 5th Duke of Norfolk
Henry Howard, 6th Duke of Norfolk
Lord Philip Howard
Lord Charles Howard
Lord Bernard Howard
FatherThomas Howard, 21st Earl of Arundel
MotherAlethea Talbot

Henry Frederick Howard, 22nd 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.

Background

Arundel was the second son of Thomas Howard, 21st 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 Anne of Denmark as godmother. Prince Henry and Princess 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 (1632–?)
  • Lady Catherine Howard (1634–1655)
  • Hon. Talbot Howard (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 (d. 1727, sister of his brother Charles' wife, Mary) and had issue, including Bernard Howard II of Glossop, who married Anne Roper (d. 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

Family of Henry Howard, 15th Earl of Arundel
16. Henry Howard, Earl of Surrey
8. Thomas Howard, 4th Duke of Norfolk
17. Lady Frances de Vere
4. Philip Howard, 20th Earl of Arundel
18. Henry FitzAlan, 19th Earl of Arundel
9. Lady Mary FitzAlan
19. Lady Catherine Grey
2. Thomas Howard, 21st Earl of Arundel
20. William Dacre, 3rd Baron Dacre
10. Thomas Dacre, 4th Baron Dacre
21. Lady Elizabeth Talbot
5. Hon. Anne Dacre
22. Sir James Leyburne
11. Elizabeth Leyburne
23. Helen Preston
1. Henry Howard, 22nd Earl of Arundel
24. Francis Talbot, 5th Earl of Shrewsbury
12. George Talbot, 6th Earl of Shrewsbury
25. Hon. Mary Dacre
6. Gilbert Talbot, 7th Earl of Shrewsbury
26. Thomas Manners, 1st Earl of Rutland
13. Lady Gertrude Manners
27. Eleanor Paston
3. Lady Alethea Tabot
28. Thomas Cavendish
14. Sir William Cavendish
29. Alice Smith
7. Mary Cavendish
30. John Hardwick
15. Elizabeth Hardwick
31. Elizabeth Leake

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 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 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
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
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 Lord Lieutenant of Norfolk
jointly with The Earl of Arundel 1633–1642
1633–1642
Preceded by 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 Lord Lieutenant of Sussex
jointly with The Earl of Dorset
The Earl of Northumberland
1636–1642
Preceded by Custos Rotulorum of Norfolk, Sussex and Surrey
1636–1642
Peerage of England
Preceded by Earl of Arundel
1646–1652 		Succeeded by
Baron Mowbray
(writ in acceleration)
1640–1652
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