Marriage settlement

1. Sir Edward Smythe of Acton Burnell, bart.

2. The Hon Mary Clifford of St. James, Westminster, spinster

3. The Rt. Hon. William Earl of Stafford

Sir Henry Humlock of worth, bart.

4. The Rt Hon Robert Edward Lord Petre, Baron of Writte, Essex.

The Hon. Marmaduke Langdale of Holme, Yorks, Esq., son and heir of Lord Langdale.

The Hon. George Howard of Bookham, Surrey, 1 of Lieut-Generals in H.M. forces.

Recital indenture of 22 July 1743 (1514/585) on the marriage of Sir E.S. and Mary Giffard. She died May 1764 leaving 1 son, Edward, now 8. on 16 June 1744 Sir Edward borrowed £1000 from Peter Giffard, guardian of Walter Smythe late of Tonge Castle, now of Davenport House, Esq., and by indenture of 16 June 1744 between Sir K.S.(1) and Samuel Mabbatt jnr. of Grays Inn, stationer, since decd., Sir K.S. charged his manors and lands & c limited to him for life with payment of the £1000 and interest at 4%, and conveyed 2 farms to S. Mabbatt for 99 years or life of Sir E.S. subject to a proviso for redemption on repayment.

Sir Edward afterwards paid off the £1000 and interest.

The said £1000 was by a deed poll of 13 April 1752 by Eliz. Mabbatt, widow and administratrix of Sam.Mabbatt, jun, endorsed on 2nd skin of indenture of 16 June 1744, assigned by Eliz.M. and Walter Smythe to Thomas Ottley of Pitchford, Esq., and by the said deed poll the said messuages and farms with the lands belonging by the said indenture were assigned to Thos Ottley for the residue of 99 years on trust for such uses as Sir Edward should direct.

Marriage agreed on between Sir Edward and Mary Clifford; and Mary by articles of 14 October 1725 on the marriage of the Hon. Hugh Clifford and Elizabeth Blount, and by bequests in the will of Hugh Lord Clifford her father dated 12 July 1731, and by the death of her sister Elizabeth, and by indenture of 1 March 1755 between Elizabeth Lady Dowager Clifford of Chudleigh (1) the Hon. Edward Clifford, 1 of sons of (1) (2), the Hon. Thomas Clifford, another son, and Mary Clifford (3) became entitled to £5000 part of a principal sum of £6000 secured by an indenture of 9 March 1735 between the Hon. James Frudenell Esq. and Nicholas Cove, Esq. (1) the Rt Hon.the Lady Frances Clifford (2) Sir William Courtenay and Sir George Chudleigh, barts (3) being an assignment, by mortgage, to Courtenay and Chudleigh of half of certain manors and lands & c in Somerset and Devon for the rest of 600 years, and other manors and lands in the County of Warwick for the rest of 600 years to secure £6000 and interest. Edward Duke of Norfolk, husband of Mary Duchess of Norfolk, aunt of M.C. gave her £1000 secured by bond at 45 to make up her portion to £6000.

It is agreed that the £5000 be assigned to trustees, and the security by the Duke for £1000 be by a bond by the Duke to the same trustees. As to the interest of £5000 and £1000 in trust during the joint lives of Sir E.S. & M.C., to pay same for the separate use of M.C. as part of her pin money and after her death, if in the lifetime of Sir E., in trust for Sir E. for life, after his death in her lifetime, to her as part of her jointure; as to the capital of the 2 sums & intrest after their deaths, the trustees are to hold to same in trust for children of the marriage. Sir K.S.agreed to demise to trustees parts of property in an indenture of 9 parts limited in use to him for his life for 98 years or life, for securing the payment of a further £100 during Sir K.'s & M.'c joint lives for the use of M. to increase her pin money. Sir E.S. is empowered to make her a jointure by limiting to her messuages and lands for her life; and Sir E.S. to make further provision for the children, could charge part of the premises in the indenture with portions for them, and assign property in an indenture of 16 June 1744 limited to him for life, to Lord Petre, Marmaduke Langdale and George Howard on trusts, and that the property demised to Mabbat jnr. for 99 years then assigned by Eliz.Mabat to Ottley for the rest of 99 years should be by an underlease demised by Ottley to Lord P., M.L. and Geo K. for the rest of 99 years at the rent of 1 red rose to the intent that the £1000 might remain effectually secured and the trustees could out of the said farms etc. recover the £1000 and hold the property on trusts as below. It was agreed that Sir K.S. should charge, with any sum not over £2000, some other part of the manors &c. in the indenture limited to him for life, and 2 messuages and farms which were granted to Sam.Mabbat jun with payment of £1000 and interest at 4% and make another demise to Lord P., M.L. and Geo H. of enough property to do this, for a new term of 200 years, for better securing the payment of the 2 sums of £1000. By indenture of the day before between Mary Clifford (1) Sir Edward Smythe (2) Robert Edward Lord Petre, Marmaduke Langdale, Geo Howard (3) M.C. assigned to Robert Edward Lord P., M.L. and G.H. £5000 and her right and interest on trust to be declared next day. The Duke of Norfolk by bond of 9 inst April bound to Lord P. & M.L. & C.H. in £2000 to pay £1000 at 4%.

The day before, indenture between Sir E.S. (1) Thos Ottley (2), Mary Clifford (3) Lord P.W., M.L., & G.H. (4), Ottley assigned to (4) £1000 charged on the manors & c by Sir E.S. 16 June 1744, and Ottley by appointment of Sir Edward demised 2 messuages, farms and lands to (4) for rest of 99 years granted 16 June 1744, and Sir E.S. charged the messuage and farm & lands in Rushbury (Rd Baldwyn at £45 10a p.a.) mentioned to have been some time in several small tenements or farms, but to have been then lately let to Rd Baldwyn; and the messuage and farm with lands in Astwall nr Rushbury (John Law at £42 p.a.) - all part of property limited in use to Sir K. for life, charged with payment of £1000 over & above the principal sum of £1000 with the payment of which Sir K. by indenture of 16 June 1744 charged the property. This £1000 to be paid to (4) on 11 October next with interest at 4%. To hold the said farms to (4) for 200 years with proviso for redemption.

In further performance of agreement before marriage, Sir E.S. grants and demises to Wm Earl of Strafford & Sir Henry Hunloke the capital messuage or manor house called Langley Manor house and lands belonging In Langley and Ruckley (John Ball at £140 p.a.) for 98 years if Sir E. so long lives, on trust: that during the joint lives of Sir E. & Mary out of the rents, or by mortgage, to levy £100 and pay it to whoever M. appoints, or else to her. The said trustees to let Sir E. during his life receive the rest of the rents of the property for his own use. When the trusts are satisfied the term of 98 years to become void. Sir Edward grants to Mary the farm called Low or Lower Esh and lands new enclosed, and right of common belonging in Esh, Ushaw and Underside, in the chapelry or prevendary of Esh (late Thos Pinkney at £100 p.a.) once in several tenements; farm and lands and new enclosed lands & c in Ushaw or Esh and Ushaw (Robt Batmanson at £69 p.a.); messuage and farm and lands In Ushaw or Esh and Ushaw (Hannah Pinkney at £73 5s p.a.); a messuage and farm called the Hughe in Esh (John Grainger at £54 p.a.); messuage in Langley and Ruckley (Rd Bryan at £3 3s) limited to Sir E.S. for his life, as her jointure in lieu of dower; in addition out of the principal sum of £5000 and of £1000, M.C. to have £1000 p.a. for her life, out of lands below, by settlement agreed to be made by Sir E. of rest of estate expectant on the failure of male issue of Edw. Smythe, infant son and only child of Sir E. by Dame Mary Smythe decd.

Sir E. charges all the Manor of Nunstainton alias Stainton Grange, Co. Durham, messuage and farm and lands (John Arrowsmith at £222); messuage and farm and lands (Ralph Hedley at £160 p.a.); water corn mill (John Thompson at £22 p.a.) in Nunstainton, part of the Manor of Nunstainton - limited in use to Sir E.S. for life, with payment of £4000 for the portions or children of Sir E. by M.C., to be shared among them as Sir E. S. appoints - to be paid them as for portions for daughters and younger sons of Sir E.S. b Mary Giffard, Sir E. keeping the interest of the £4000 during his life.

It was agreed Lord Petre, M.L. and G.H. should stand possessed of the £5000 and £1000 on following trusts:- for M.C. till the marriage, then to let the sums remain on securities as now or else during the lives of Sir and M.C. and of survivor, with their consent, call in the 2 sums or sell, assign and dispose of them for the most money and best price, and invest the money in public funds or in the purchase of parliamentary stocks or on good real government securities, paying the dividends during their joint lives of Sir E. and M.C. as M.C. appoints; otherwise to her if Sir E.S. survives her, he is to have the interest for life; if he predeceases her, to her and at her death to their children at 21 or marriage if daughters. As for the £1000, the interest to Sir E. for life, then to children. Sir E.S. agrees within 12 months after marriage to revoke all the uses and trusts in the said indenture of 9 parts in use to himself - subsequent to the use of E.S. his infant son by Mary Giffard, and will settle the property in the sd indenture, except the manor of Barmton Co Durham, houses & lands in Barmton (Bryan Harrison at £340 p.a.) and chief rent of 6/- out of property of Mrs Bowes in Barmton, and exept the house & farm & lands in Walworth (Thos Smith at £98); farm in Walworth (widow Feetham at £122); farm in Walworth (Geo Todd at £87 10s); small house (- Rawlins & - Croft at £1 9s); houses and lands in High and Low Embleton (- Sherrington & - Peacock at £156); farm - the Win Houses and lands in High and Low Embleton (Once Mathew Craggs, now - Wiseman at £130); land at Woodham alias Woodholme (John Hutton at £68); messuage and farm in Woodham (Michael Hedley at £60) - to the use of 2 trustees to be named by Lord P., M.L., & G.H., for 100 years on trust during joint lives of Sir E. & M. (if E.S., infant dies without issue male during their joint lives) £300 to purposes M.C. directs or to her to use of Sir E. for life, then E.S. his son & heirs male - to the intent M.C. if she survives Sir E. & E.S., infant dying without male issue in her life, shall have £1000 p.a., remainder for sons of Sir E. & M., in tail male, remainder to Sir E. & heirs male, remainder to Walter Smythe, brother of Sir E. & heir male, remainder to Sir E. & heirs. If any children of marriage, trustees to raise for portions for all but eldest or only son thus:- if 1 son or dau. £6000; if 2 younger children £8000, 3 or more £10,000 between them, when 21 or married if dau. The interest of sums to maintain them from d. of Sir. E. Sir E. has power to make leases for lives or years not over 21, & to sink mines & collieries on said lands and lease them for not over 60 years.

2 provisoes.