THomas Lord Colchester eldest Son of the Earl Rivers in the life time of Charles Earl of Derby Father of the now Earl , Married Charlotte Henrietta Daughter of Earl Charles , and Sister of the now Earl of Derby : And Earl Charles pay'd 2850 l. part of the Portion in his Life time ; And he dying , the now Earl of Derby after his Death agreed to pay , and accordingly did pay 4500 l. in full . And thereupon .

John Savage and Robert Pickering Esquires , 11 / 12. May , 78. by Indentures of Lease and Release for the Consideration therein mentioned , at the Request of the Earl of Rivers and Thomas Lord Colchester his Son , Granted and Settled the Mannors of Chich , St. Osith , Great Clacton and Little Clacton , and other Lands and Hereditaments Comit ' Essex upon the Lord Colchester for Life Remainder as to part , to his Lady for Life in Joynture , Remainder to the Sons of that Marriage in Tail Male ; Remainder to the Earl Rivers in Tail Male , with Remainder over , Remainder to the Earl Rivers right Heirs .

With a Provisoe , and upon Condition that if the Lord Colchester and all his Issue Male by the Lady Charlotte should die , or that for want of Issue Male by her , the Premisses , or any part thereof , should after his , or her Death remain , or come to any other Heir Male of him , or to any other person by force of those Limitations : And that if there should be any Daughter or Daughters of Thomas Lord Colchester on the Body of the Lady Charlotte begotten , living at his Death ; That then the said Earls of Derby and Strafford , Mr. How and Mr. Hide and their Heirs , should stand and be Seized of all the said Mannors and Premisses , other then except the Premisses limited to the Lady Chorlette in Joynture , and after her Death : Then thereof likewise , to the intent and purpose that such Daughter and Daughters should and might receive , perceive and take the Sum of 10000 l. out of the Rents , Issues , Revenues and Profits thereof ( except ut supra ) to the use of such one Daughter , if there be but one , and if more , then the 10000 l. to be equally divided and distributed amongst them , together with the several Sums of 100 l. a piece yearly for the Maintenance of such Daughter and Daughters , from the Death of their Father , until payment of the said 10000 l. which is intended for their Portion and Portions as aforesaid .

By Vertue whereof the Lord Colchester became Seized of the Premisses , and received the Rents and Profits thereof during his Life ; and about October 1679. dy d without Issue Male , leaving Issue by his said Lady who Survived him , one only Daughter Charlotte Katherina Savage , whereby his Lady became Seized of the Joynture , Premisses , and the Trustees of the Residue for raising the 10000 l. and Maintenance .

The Joynturess entered and enjoyed her Joynture , and of the Residue the said John Richardson being Bayliff or Receiver to the Lord Colchester , continued to Receive the Profits , and paid the 100 l. per Annum Maintenance during his life , and died there , being then in his hands about 387 l. 15 s . 3 d . which came to the hands of his said Executrix .

After his Death , the Earls of Derby and Strafford , being the surviving Trustees , Authorized the Defendant Minne to manage the Estate and receive the Profits , and he paid the 100 l. per Annum Maintenance during the said Charlotte Katherina's life time , and at her Death had about 140 l. 11 s . in his hands .

The said Charlotte Katherina Savage died without Issue and unmarry'd , ult Marcii , 1687. being of the Age of 17 years and upwards , having after 17 made her Will , and the Earl of Derby her Uncle Executor , who proved the Will .

That the Earl Rivers upon her Death , entering and denying Possession , and Demanding the Moneys in Mrs. Richardson and Mr. Munn's hands , the Earls of Derby and Strafford , Michaelmas-Term 3 Jac . 2. brought an Ejectment , and Hillary 1687. had Judgment to recover by Confession of the Earl Rivers , who ,

Exhibited his Bill in Chancery , 31 Jan. 87. setting out the Settlement and Proviso , and that Charlotte Katherina dying before 21 and unmarry'd , the Portion was sunk into the Inheritance , and ought not to be raised , and prayed Relief and a reconveyance by the two Earls , and payment to him of the Money in Mrs. Richardson and Mr. Munn's hands . The Defendants Answered , and

The Cause coming to Hearing before the Lord Chancellor , 18 July last : and the Case appearing to be ut supera , and the Question being , whether the said Charlotte Katherina being dead before 21 or Marriage , the Money already raised towards the 10000 l. should be pay'd to the Plaintiff or her Executor , and whether the remainder of the 10000 l. should be raised and pay'd , or sink into the Inheritance . And upon long Debate , the Court Declared , That the 10000 l. was an Interest vested in Charlotte Katherina , and was , and became due and payable as fast as the same could be raised after the Death of her Father , and that the Moneys raised , and the Residue of the 10000 l. did belong to , and ought to be raised and pay'd to the Earl of Derby as Executor , and was not sunk into the Inheritance . And therefore Dismiss'd the Bill .

That after this Hearing , the Earls Defendants Sued out a Writ of Possession which was executed about August or September last , and Mrs. Richardson and Mr. Munne ( who had till then detained it ) pay'd the Moneys in their hands , being ( after Deduction for the Sheriffs Fees ) in all 518 l. 10 s . to the Earl of Derby , which is all has been Received .

And now the Earl Rivers has brought his Petition of Appeal in Parliament to have the Dismission in Chancery Revers'd , and a Decree made according to his Bill there .

And the Question in General is , Whether the Limitation being only quousque , the 10000 l. raised , and the Appellant both by his Petition and Bill , and the Confession of the Judgment , admits the Law to be against him . Whether a pretence of Equity shall so far interpose , as to control the exposition of Law in this Case , and the express Letter of the Deed , no previous agreement being so much as alledg'd to make the Deed otherwise than as it is Pen'd , nor limitation of any certain term for a security , nor of time either of Age or Marriage for Payment .