Declaration of trust

1. The Hon. Thomas Clifford of Tixall, Staffs.

2. Sir Edward Smythe of Acton Burnell, bart.

Recital of indenture of 2 June last (1514/594), reciting settlement previous to the marriage of Sir Edward and Mary Giffard (1514/585) settling property in Esh, Lanchester, Co. Durham, limited to the use of Sir Edward for life, with proviso that he could lease for one to three lives or not over twenty one years the said property.

Reciting that John Smith of Witton Gilbert, Durham, gent, Thomas Forster of Durham, surveyor of land, and Martin Darnton of Aldernage, Durham, gent, commissioners of the Act of 12 George III for enclosing Hamsteels Moor in Lanchester, allotted 17 January to Sir Edward Smythe, 294a 3r 37p in several plots of moor, described. Sir E.S. to grant a lease to Thomas Clifford for 99 years or lives at £28 p.a.

Now Sir Edward lets to Clifford the several plots on the Moor or common of Esh, except 6a, part of the 5th plot, lately set off by Sir Edward for Mr Ferdinand Ashmall in respect of New House of Sir Edward.

For 99 years or the lives ofDame Mary, George Walter Smythe and Hugh Philip Smythe, subject to a rent of £7.4s 6d p.a. part of the rent of £7 7s 6d p.a. thereby made payable to the Bishop of Durham.

Proviso that if Dame Mary Smythe survives Sir Edward, then the yearly rent of £15, part of the said yearly rent of £28 thereby reserved should from the death of Sir Edward be paid to her for life in respect of the property settled on her by jointure before marriage. In trust for George Walter Smythe for life.

Sir Edward covenants with Thomas Clifford to pay all sums etc. as Thomas Clifford has in lease covenanted and agreed to pay, and to indemnify Clifford.