<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
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<REVDESCR>
<CHANGE>
<DATE>2014-10-22</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140720.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B28987">
<STC T="W">R1553a</STC>
<STC T="G">l.r.305.a.7.[17]</STC>
<STC T="C">R227765</STC>
<BIBNO T="umi">99887499</BIBNO>
<VID>190471</VID>
</IDG><!-- alt.stc Gl.r.305.a.7.[17] --><!-- alt.stc Cr227765 -->
<TEXT LANG="eng">
<BODY>
<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>The CASE of the Right Honourable <HI>Thomas</HI> Earl <HI>Rivers,</HI> upon his Appeal Exhibited before the Lords in Parliament, again&s;t a Di&s;mi&s;&s;ion made by the Court of Chancery of a Bill Exhibited by him a|gain&s;t the Right Honourable <HI>William George Richard</HI> Earl of <HI>Derby, William</HI> Earl of <HI>Strafford, Thomas Munne,</HI> Gent, and <HI>Frances Richard&s;on,</HI> Widdow, Defendants.</HEAD>
<P><HI>That</HI> by Indenture Dated the 13th Day of <HI>May,</HI> 1678. between the Appellant and <HI>Thomas</HI> Lord Vi&s;count <HI>Colche&s;ter</HI> his Son Decea&s;ed of the Fir&s;t part, the Honourable <HI>John Savage</HI> and <HI>Robert Pickering</HI> E&s;qs; of the Second part, the Defendants the Earl of <HI>Derby</HI> and Earl of <HI>Strafford</HI> and <HI>John Gronham How,</HI> E&s;q; and <HI>Robert Hyde</HI> Gent' both Decea&s;ed of the Third part, and a Fine and Recovery Levyed and Suffered, The &s;eve|ral Mannours of <HI>Chich,</HI> St. <HI>O&s;ith,</HI> Great <HI>Clacton,</HI> Little <HI>Clacton,</HI> and divers Me&s;&s;uages, Lands and Tenements in the County of <HI>E&s;&s;ex</HI> were &s;etled on the &s;aid Lord <HI>Colche&s;ter</HI> for Li&s;e, and after of part thereof to the Lady <HI>Charlotte</HI> his Wife for Life, Si&s;ter of the &s;aid Earl of <HI>Derby</HI> for a Jointure, and after to the fir&s;t Son of the &s;aid Lord <HI>Colche&s;ter</HI> on the body of his &s;aid Wife in Taile Male remainder to the 2, 3, 4th, and all other the Sons of the &s;aid Lord <HI>Colche&s;ter</HI> on the body of his &s;aid Wife remainder to the &s;aid <HI>Thomas</HI> Earl <HI>Rivers</HI> in Taile Male with divers remainders over.</P>
<P><HI>That</HI> in the Settlement there is a Provi&s;oe, That in ca&s;e the &s;aid Lord <HI>Colche&s;ter</HI> &s;hould Die, leaving no I&s;&s;ue Male on the Body of his &s;aid Wife, and the &s;aid Mannours and Premi&s;&s;es &s;hould come to any other Heir Male of the &s;aid Lord <HI>Colche&s;ter</HI> by any other Wife begotten, or any other per&s;on or per&s;ons by Virtue of any the U&s;es, Limitations and Appointments therein mention'd. And that there &s;hould be any Daughter or Daughters of the &s;aid Lord <HI>Colche&s;ter</HI> on the Body of the &s;aid Lady <HI>Charlotte</HI> begotten living at his Death, That the &s;aid Earl of <HI>Derby,</HI> Earl of <HI>Strafford, John Grobham How,</HI> and <HI>Robert Hide</HI> and their Heirs, &s;hould &s;tand &s;eized of all and every the &s;aid Mannours, Me&s;&s;uages, and Premi&s;&s;es, except tho&s;e Limited to the &s;aid Lady <HI>Charlotte</HI> during her life, and after of tho&s;e likewi&s;e to the intent the &s;aid Daughter and Daughters may receive and take the Sum of 10000 <HI>l.</HI> out of the Rents and Profits thereof to the u&s;e of &s;uch One Daughter if but one, if more equally to be devided among&s;t them, together with the &s;everal Sums of 1000 <HI>l.</HI> apiece for the maintenance of &s;uch Daughter and Daughters until payment which is mentioned in the Deed to be intended for their Portion and Portions re&s;pectively.</P>
<P><HI>That</HI> the &s;aid Lord <HI>Colche&s;ter</HI> dyed in <HI>October</HI> 1679, leaving only one Daughter, to wit, <HI>Charlotte Katherine Savage,</HI> and thereby the &s;aid Earl of <HI>Derby</HI> and Tru&s;tees became intitled to the &s;aid Mannours and the Rents and Fines of Copyholders thereof, and divers Woods in tru&s;t for rai&s;ing the &s;aid 10000 <HI>l.</HI> and a 100 <HI>l. per ann.</HI> maintenance, and one <HI>John Richard&s;on</HI> Husband of the Defendant <HI>Elizabeth</HI> was imployed under the &s;aid Tru&s;|tees for 5 Years ending at <HI>Michaelmas</HI> 1684, in which time was rai&s;ed 800 <HI>l.</HI> and <HI>Thomas Munne</HI> for 2 Years whereby was rai&s;ed 500 <HI>l.</HI></P>
<P><HI>The</HI> &s;aid <HI>Charlotte Katherine Savage</HI> Daughter of the &s;aid Lord <HI>Colche&s;ter</HI> died, being of the Age of 17 and no more,<NOTE PLACE="marg">31. of March, 1687.</NOTE> unmarried, and thereby the Monies already rai&s;ed ought to be paid to the &s;aid Earl <HI>Rivers,</HI> being next in remainder, and the re&s;idue of the &s;aid 10000 <HI>l.</HI> ought not to be rai&s;ed, but &s;ink into the Inheritance, it being declared by the Settlement to be intended for her Portion, and the Tru&s;tees ought to convey to the &s;aid Earl <HI>Rivers,</HI> and the &s;aid <HI>Charlotte Katherine Savage</HI> had no power to di&s;po&s;e of the &s;aid 10000 <HI>l.</HI> as &s;he did by her Will, thereby giving 3000 <HI>l.</HI> to the Earl of <HI>Derby:</HI> To her Mother 3000 <HI>l.</HI> To the Lady <HI>Charlotte Murray</HI> 8000 <HI>l.</HI> And other Legacies, in all 16350 <HI>l.</HI> although &s;he had no other E&s;tate than this Portion of 10000 <HI>l.</HI> and Con&s;tituted the &s;aid Earl of <HI>Derby</HI> her Executor, for which end the &s;aid Earl <HI>Rivers</HI> Exhibited his Bill in the Chancery,</P>
<P><HI>That</HI> the Earls of <HI>Derby</HI> and <HI>Strafford</HI> did put in their An&s;wers, and thereby &s;et forth the &s;aid Settlement and Power therein for rai&s;ing the &s;aid 10000 <HI>l.</HI> and 100 <HI>l. per Annum</HI> Maintenance till Payment, and &s;et forth and Confe&s;s the Death of the &s;aid Lord <HI>Colche&s;ter,</HI> and that his Daughter <HI>Charlotte Katherine Savage</HI> died, being 17 Years and a Month Old, having made her Will and given &s;uch Legacies as above, and they in&s;i&s;t that the &s;aid 10000 <HI>l.</HI> may be rai&s;ed and di&s;po&s;ed of according to the &s;aid Settlement, and the la&s;t Will of the &s;aid <HI>Charlotte Katherine Savage.</HI></P>
<P><HI>And</HI> the &s;aid Mr. <HI>Munne</HI> by An&s;wer Confe&s;&s;eth he was Receiver: And Mrs. <HI>Richard&s;on</HI> by An&s;wer Confe&s;&s;eth her Husband was Receiver of the Lands &s;et apart for rai&s;ing the &s;aid 10000 <HI>l.</HI> and are willing to come to Accompt and pay what is in their hands, as the Court did Direct.</P>
<P><HI>That</HI> the Cau&s;e was heard on the Bill and An&s;wers, the 18th. day of <HI>July</HI> la&s;t, before the Lord <HI>Chancellour,</HI> who di&s;mi&s;&s;ed the Bill, and &s;ince the &s;aid Mr. <HI>Munne</HI> and Mrs. <HI>Richard&s;on</HI> have paid what they Received to the &s;aid Earl of <HI>Derby</HI> and Earl of <HI>Strafford.</HI></P>
<P><HI>FROM</HI> this Di&s;mi&s;&s;ion the Earl <HI>Rivers</HI> hath Appealed to the Lords in Parliament, that the Portion of 10000 <HI>l.</HI> may not now be rai&s;ed, the young Lady being Dead &s;o Young and Unmarried, and it being declared to be her Portion, there is no occa&s;ion to rai&s;e the &s;ame, but it ought to &s;ink into the Inheritance, which is agreeable to former Judgments given by their Lord&s;hips in like Ca&s;es.</P>
</DIV1>
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