Mortgage

1. Sir Edward Smythe of Acton Burnell, bart. eldest son and heir of Sir Edward Smythe late of the same place bart decd. by Dame Mary Smythe 1st wife, decd., before her marriage Mary Giffard.

2. Thomas Raymond Arundell of Bath Ford, Somerset, Esq.

Elizabeth Mary Ann Arundell, his wife, before marriage called Elizabeth Mary Ann Smythe only daughter of Sir Edward Smythe, decd., by the Hon Dame Mary Smythe, 2nd wife, now decd., before marriage Mary Clifford.

3. The Rt Hon Charles Lord Clifford Baron of Chudleigh who survived the Hon. Thomas Clifford late of Tixall, Staffs, decd.

4. Thomas Clifford of Tixall, Esq.

The Rt Hon. Henry Lord Arundell, Baron of Wardour, Wilts and the Hon. Bartholomew Bouverie of Coleshill, Berks.

5. Thomas Wright of Henrietta St., St. Paul, Covent Garden, banker, who survived Anthony Wright and Francis Wright of same, bankers, decd.

6. George Forester of Willey, Esq.

Recital of lease and release of 12 & 13 October 1781, enrolled, (1514/598) in which in consideration of the marriage intended between Sir Edward Smythe and Catherina Maria Smythe his wife, and by a recovery with Francis Plowden demandant, Geo Byars and Samuel Underwood, tenants and Sir Edward Smythe decd. and Sir Edward Smythe, party, vouchees, the manors of Langley, Ruckley, the capital messuage and Langley Park, the Manors of Acton Burnell, Acton Pigott, and Berrington, and houses, mills and lands in Berrington, Acton Burnell, Acton Pigott, Cound, Cantlop, Eaton Mascott, Rushbury, Astwall, Broome, Langley, Ruckley, and Cardington, were settled to uses:-

A piece of ground called Oakes Hill Dingle Rough (1a 1r 11p) in Pitchford to uses as Sir Edw.S. and E.S. appoint or as hereafter

Manors, capital and other messuages and lands and farms and tithes in Co. Salop, except the capital manor house of Langley and lands in Langley and Ruckley (John Ball at £150) and except the capital messuage, park, garden and demesne of Acton Burnell and meadows and yards (Sir Edward S., father) in Acton Burnell and Acton Pigott, and the perpetual advowson of the church of Acton Burnell, and except the piece of enclosed ground or pasture called the Old Park in Langley, in all 330a; except several pieces of woodlands called Causeway Wood and Plimleys Hay (240a) in Rushbury, Cardington, Broome and Acton Burnell, to uses below:-

As for the capital manor house of Langley, lands (John Ball), mansion, Park and garden and demesne of Acton Burnell, meadows, Old Park, Causeways Wood and Plimleys Hays, advowson of Acton Burnell and property in Co. Durham, to the use of Sir E.S. decd. for life, then Sir E.S., party, for life. Proviso that Sir E.S. after marriage could in lifetime by decd or will, without prejudice to the life estate of Dame Mary Smithe in part therof and to the raising and paying of an annuity of £100 pin money and of the principal sum of £4000 to the children of Sir Edward Smythe by Dame Mary, to charge the property in Gos Salop and Durham with the payment of money not exceeding £2000, provided Sir E.S. pays the interest during his life; and a proviso that Sir E. & son with consent of the trustees could revoke the trusts, except provisions for Dame Mary Smythe, 2nd wife of Sir Edward, decd and their children, and to declare new uses.

Sir Edward Smythe decd. made his will 2 November 1781 and a codicil of 13 December 1781, reciting power to charge his estate, and charged it with a bequest of £2000 for use of his daughter Elizabeth Mary Ann Arundell, (then Smythe) to be paid in 6 months of his death - to do so he gave all his estates in Salop and Durham, settled on him for life to Thomas Clifford, decd., and the said Charles Lord Clifford for 400 years by mortgage to raise the said sum. Sir Edward Smythe died.

By indenture 12 December 1785 enrolled, between Sir Edward Smythe, party (1), John Wright and Courtney Throckmorton, trustees of terms of 99 yrs, 200 yrs and 300 yrs created by release of 13 October 1781, and Francis Canning and Michael Blount, trustees of 400 yrs and 500 yrs created thereby (2), Anthony Wright, Francis Wright and Thomas Wright (3) - Sir E.S. declared the said property to the use of Wrights on trusts to mortgage or sell the freehold of the property, or part of it, and to be seised of it till then, subject to uses in release of 13 October 1781. The money arising was to be laid out in the purchaseof other lands to be conveyed and settled, subject to the same uses.

By indenture of 30 July 1792 between 1. The Hon James Everard Arundell 2. Thomas Raymond Arundell, only younger son of J.E.A. and Ann his wife 3. Dame Mary Smythe 2nd wife and widow of Sir E.Smythe, 4. Elizabeth Mary Ann Smythe his daughter, 5. the sd. Sir Edward Smythe, party, Thos Clifford, Henry Lord Arundell and Bartholomew Bouvirie.

Marriage intended between Thomas Raymond Arundell and Elizabeth Mary Ann Smythe. It was agreed that T.R.A. within 6 months after the marriage should assign the said £2000 to which E.M.A.S. was entitled under the codicil, on trusts. T.R.A. covenanted to assign to trustees the £2000 left to Eliz. with power to 5. to demand, receive & give quittance for the same; so it is vested in Sir E.S., Thos Clifford, Henry Lord Arundell and Barth. Bouvirie, to be possessed of the £2000 on trusts for the benefit of T.R.A. and Eliz. and their children. The sd trustees during the livesof T.R.A. & E. and the survivor of them, to call, in, alter, transfer & c all or any of the sums thereby agreed to be settled and to be possessed of all usch money and the securities on which the same is laid out. Although Sir E.S., party to sd indenture of 30 July 1792, he was not told till after it had been executed by several of the parties, but he did not execute it, nor has he acted in the trusts, and is determined not to do so. The marriage took place between T.R.A. and Eliz. Thos Clifford lately died, and his powers as trustee vested in Charles Lord Clifford; Anthony and Francis Wright have both died, so their powers are vested in Thomas Wright. No sale or mortgage has yet been made of any part of the property in Salop in the last recited indenture, except the next right of presentation to the advowson of Acton Burnell. Certain parts of lands & c in the term of 400 years in the codicil in Co. Durham have been since the indenture of 12 Dec. 1785 sold, discharged from the £2000, and term assigned in trust for purchasers, and the term of the rest of the Durham property assigned to attend the inheritance of the last mentioned property. £2000 is still charged on the Salop property, all interest paid. George Forester on the application of Sir E.S. has agreed to advance to Sir E. £2000 to enable him to pay the said sum of E.M.A.A.

Therefore in consideration of £2000 to Clifford, Lord Arundell and Bouverie from G.F. Lord Clifford at thedirection of Sir E. & c grants to Forester the capital and other messuages, before described, in Langley, Ruckley, Acton Burnell, Acton Pigott, Rushbury, Cardington and Broome, except the advowson of Acton Burnell, as were limited to Sir E.S.decd. for his life by release of 13 Oct. 1781, and all other property in Co. Salop devised by codicil to Thomas Clifford decd. and Lord Clifford.

To hold to G.F. for the rest of 400 years, subject to a proviso for redemption on repayment of the £2000 and interest at 5% p.a. to G.F. Schedule of deeds 1688-1785