Marriage Agreement

1) Timothy Seymor, mercer, of Shrewsbury, son and heir of Timothy Seymor snr. late of Shrewsbury, mercer, deceased, and of Mary Seymor, deceased late widow of T.S. snr, sole daughter and heir of Richard Charleton, late of Shrewsbury, draper, deceased.

2) Richard Russell, merchant, of London

Joseph Russell, son and heir apparent of Richard Russell

Elizabeth Russell, spinster, 1 of the daughters of R.R.

Whereas a marriage is shortly to be solemnized between T.S. jnr. and E.R. In consideration of the marriage and £1200 the marriage portion from R.R. to T.S., T.S. covenants with R.R. and J.R. that he will within 6 months from this date by the advice of a council learned in the law chosen by R.R. make a sufficient conveyance of a good estate of inheritance in fee simple in the capital messuage or late mansion house of Up Rossall alias the Isle of Rossall, with all buildings and gardens belonging, and the piece of land called the Leyes next adjoining the capital messuage (6a) and the piece of land called the Bakehouse Yard (2a) and the 3 pieces of pasture called the Three Broomfields and the Wallnut tree Yard next the Bakehouse Yard (25a) & the piece of land called Calves Croft adjoining Shuttfield (5a); and the pieces of pasture called the Two biggest Bottomfields (42a); and 2 pieces of meadow called the Sandy Meadows or Broomfields Meadows (24a); the piece of arable land called the Marle piece beyond the Pool (16a) and 8 acres of moss lying about the pool; and the piece of arable land called the great Barres (15a) and the piece of land called the Little Barres (5a); all which premises were part of the Manor of Up Rossall alias the Isle of Rossall in the liberties of the town of Shrewsbury in the parish of St. Chad's in the same town, formerly in the several tenures of Roger Poole, William Harper, and Adam Davies and now of Timothy Seymor; and in the close of land called Roundhill in Cotton alias Cotten Hill within the liberties of the town of Shrewsbury formerly in the tenure of Mary Phillips, widow, and now or late of ? Hudson; and in the messuage as the same is now divided in Kill Lane, alias Kilne Lane in Shrewsbury; and the gardens and buildings belonging formerly in the several tenures of Elinor Ely, widow, and Thomas Collins, barber and now or late of ? Ridley and Elinor Harper; and in the messuage or mansion house wherein Richard Charleton formerly dwelt and in which T.S. now lives in Shrewsbury; and the garden and orchard behind the walls in Shrewsbury leading to a place called Caines Posterne and the 4 small tenements, sheds or warehouses standing therein now used with the messuage and in the occupation of T.S.; and 6 other messuages in Shrewsbury formerly in the several tenures of Hugh Davis, Andrew ? Vivers, Geffery Gittings, David Cadwallader Thomas Fox and Richard Hicks and now or late in the several tenures of George Yarrow, Richard Fandrell, ? Roberts, William Poyner, John Harwood and William Lee; and the tenement or shop in Shrewsbury now or late in the tenure of ? Tiesdale; and the chief rent of 16/2 issuing out of the Quarry in Shrewsbury and payable by the Mayor or other Officers of the town of Shrewsbury and in all the other messuages and lands in which T.S. is seised of any estate of Freehold in Shrewsbury, in the liberties of the town, or elsewhere in the County of Salop, to the following uses: as to all the messuages and lands except the capital messuage of Up Rossall and all the lands formerly part of the Manor of Up Rossall, to the use of T.S. for his life; and as to the capital messuage and other lands part of the Manor to the use of T.S. for 99 years if he so long live, and after the determination of that estate to the use of the trustees to be by R.R. and J.R. or the survivor of them named and their heirs for the life of T.S. in trust to preserve the contingent remainders in the Settlement to be limited; and as to the capital messuage and lands and premises after the determination of the several estates to be limited, then to the use of the trustees named by R.R. and J.R., during the life of Elizabeth Russell in trust out of the profits thereof to raise and pay Elizabeth £100 yearly for her life at Michaelmas, Christmas, the Annuniation and Nativity of St. John the Baptist in even parts, the 1st payment on the next feast after the death of T.S.; and onfurther trust to permit the residue of the rents and profits of the messuages and lands, except the capital messuage and lands of the Manor, remaining after the £100 annuity has been paid, to be received for the benefit of such person(s) to whom the next and immediate remainder of those premises for the time being expectant on the determination of that estate according to the following limitations shall belong and to permit the residue of the rents and profits of the capital messuage and manor lands remaining after the £100 annuity has been paid to be received by the heir male of the body of Timothy Seymor, jnr., and if there be no such immediately after his death nor born after this death, then for the executors and administrators of the same T.S. and likewise on trust for the preservation of contingent remainders of the premises to any after born heir male of the body of T.S.; Provided that if T.S. shall at any time during the joint lives of him and E.R. sufficiently settle and assure on and to the use of E.R. for her life in possession or in remainder immediately expectant on the death of T.S. for her jointure in lieu and barr of her dower at Common Law, other freehold lands or tenements lying within County of Salop which at the time of making such settlement shall be of the yearly value of £120 over and above charges and reprizes (all charges of necessary reparations and public taxes only excepted)whereof no part shall consist of any mill or mills house or houses other than the farmhouse(s) belonging to or usually left with any of the same lands, then from thence-forth the aforesaid trust for raising the £100 annuity for E.R. after the death of T.S. for her life, and the said use to be limited to the trustees for the life of E.R. of and in the lands and messuages except the capital messuage and manor land shall cease and be void; and in such case the trustees and their heirs shall from thenceforth stand seised of the capital messuage and manor lands on trust to permit the heir male of the body of T.S. and in default of such to the use of the heir of the body of T.S. and in default of such then the executors and administrators of T.S. to receive the rents and profits of the last mentioned premises during the life of E.R; as for the property except the capital messuage and manor lands after the determination of the several estates to the use of trustees to be named for that purpose by R.R. and J.R. for 500 years upon the trusts and under the proviso hereinafter declared re the term and after the determination of the 500 years to the use of T.S. his heirs and assigns for ever; and re the capital messuage and manor lands after the determination Of the several estates to the use of the heirs male of the body of T.S. and for want of such issue to the use of the heirs of T.S.'s body; and re the term of 500 years upon trust that in case the capital messuage and the manor lands shall at any time after the death of T.S. during the life of E.R. by eviction or other lawful ways be recovered from the trustees to whom the same shall by virtue of this agreement be limited during the life of E.R. on the trusts before-mentioned then the trustees to whom the term of 500 years shall by virtue of this agreement be limited shall after the death of T.S. by mortgage or sale of the term or any part of it of and in the premises whereof the term is agreed to be limited raise money to pay and from time to time during the life of E.R. pay her all such sums as together with the yearly rents and profits of all the premises to be so limited in use to the trustees for the life of E.R. which shall not be evicted or recovered shall amount to £100 yearly and the same trustees shall by such ways raise and reimburse themselves all such further sums as shall be sufficient to defray all the costs and expenses they shall be put to by any suit on which such eviction or recovery shall be had; and in the same settlement there shall be a proviso that when the trusts re the 500 years shall be performed or if T.S. during the joint lives of him and E.R. shall make such settlement and assurance to the use of E.R. for her life, then the term of 500 years of the messuages and lands whereof the same term is hereinbefore agreed to be limited or of so much remaining undisposed of for the purpose aforesaid shall cease and be void; and there shall be a proviso and power for T.S. to let by indenture the said messuages and lands for any term of years not over120 in possession and not in reversion, remainder or expectency so as upon every such lease to be made there be reserved and made payable during the continuance thereof the most and best improved yearly rent that can reasonably be had for such of the premises as shall be leased without taking any sum ofmoney by way of fine of income in respect thereof and in the settlement T.S. shall covenant with R.R. and J.R. that the messuages and lands so settled shall be of the clear yearly value of £150 over and above all charges and reprizes, excepting only public taxes, and that the property after making the settlement shall remain to the uses and on the trusts and under the provisoes here agreed upon, and that the property is free of all former conveyances and incumbrances

Signed: Timothy Seymor, Elizabeth Russell, Joseph (surname illegible) and signature of Richard Russell also illegible.

4 applied seals on parchment tags, 2 withstags. 1 with a lion rampant, one with a star-like device.

Endorsement: witnesses to the sealing: Lemuell Leppington, John Travers, Samuel Grave.

Memorandum: 2nd June, 1716.

Between Mary Seymore, and Rebecca Seymore defts. Richard Roswell, infant, plt.

"Then shewed this Deed to Joseph Waite gent. at the time of his Examination before us: John Lacon, Andrew Swift, senr. Mathew Travers."

Docketed: Mr. Seymor's Marriage Agreement July 11th 1695 (1)

2½ membranes, damaged and darkened by damp.