Lease and Release; Humphrey Sandford to Francis Walker and Thomas Harris esq. Settlement...

By 5 part indenture between Humphrey Sandford of the Isle of Up Rossall esq. 1st part, Elizabeth Jones, of Shrewsbury granddaughter of Edward Jones of Shrewsbury esq. dec. and only daughter of late Hugh Jones and Elizabeth his wife, sole heir of Michael Middleton gent. and Frances his wife, late of Shrewsbury 2nd part, Francis Walker of Ferny Hall and Thomas Harris of Prescott 3rd part, Samuel Harwood of Cunde and Edward Jeffrys of Shrewsbury gent. 4th part, and William Evans esq. and Rev. Leonard Hotchkiss clerk of Shrewsbury 5th part, that in consideration of the intended marriage between Elizabeth Jones and Humphrey Sandford, and of the conveyance and settlement made by Elizabeth Jones of the messuages, lands etc. and in consideration of a considerable personal estate of Elizabeth, in ready money and securities for ready money , and for the assuring a competent jointure and provision for her life time, and for conveying the manors, messuages, etc. of Humphrey Sandford upon such trusts as after stated, and in consideration of 5s. paid to Humphrey Sandford by Francis Walker and Thomas Harris, release by Humphrey Sandford of all the manors of Beyston or Bayston with appurtenances, and all the lands etc. in Edgeton, Brunslow, Kempton, Horderly, Woolston and Bayston now in the tenures of Mathew Sandford, James Lucas, John Lucas, Humphrey Owen, John Lloyd, William Watts, Ann Richards, Benjamin Preece, Martha Cockshutt, Thomas Mayhew, Humphrey Johnson, Samuel Lykin, John Hodges, Elizabeth Gittins, Henry Kenrick, and all those messuages lands etc. in Up Rossall in the possession of Humphrey Sandford, Timothy Ferrington and Thomas Wildblood, and the capital messuage called The Lea Leigh or Little Ash, parish of Whitchurch, in the tenure of William Brett with all buildings lands, etc. belonging, and all the reversion of the manors, premises etc. To have and hold by Thomas Harris and Francis Walker subject to the several trust etc. Further that in consideration of the marriage and of the jointure or provision made for Elizabeth Jones and her heirs, and for settling and assuring the estate of Elizabeth, and for consideration of 5s. paid by Francis Harris and Thomas Walker, release by Elizabeth Jones of the messuage in Shrewsbury in Mardol, and the 4 former stables, now converted into dwellinghouses in Rowsell Lane, in occupations of John Hughes, Samuel Johnson, ? Johnson and Gilbert Holland, and the messuage in Preston Brockhurst, in occupation of William Ferrington; the 3 messuages in Priest Weston and Middleton parish of Chirbury, now in tenures of John Pearce and Richard with appurtenances, and all other messuages of Elizabeth Jones, in Shrewsbury, Preston Brockhurst, Priest Weston and Middleton with reversion, rents, profits etc. to hold by Francis Walker and Thomas Harris. Premises conveyed by Humphrey Sandford to the use of Humphrey Sandford until the intended marriage shall be solemnized, after the marriage to the use of Humphrey Sandford during his natural life, and after the determination of the estate to the use of Francis Walker and Thomas Harris during the life of Humphrey Sandford, upon trust to preserve the contingent remainders, but to permit Humphrey Sandford to receive the rents and profits Concerning the estate of Humphrey Sandford in Edgeton Bayston etc. and premises in Shrewsbury, Preston Brockhurst etc. it is agreed that after the death of Humphrey Sandford that Elizabeth shall receive a yearly annuity of £250 from the profits of above premises, to be paid at the 4 quarter days, beginning immediately after the death of Humphrey Sandford. If there are no children of Humphrey Sandford and Elizabeth living at the time of his decease a further annuity of £20 shall be raised from above rents and paid to Elizabeth at the 4 quarter days. If annuities are behind in being paid more than 30 days then Elizabeth may enter and destrain premises until payment shall be made. Concerning the manors, messuages etc. charged with above payments; after the death of Humphrey Sandford, to the use of Samuel Harwood and Edward Jeffrys for 400 years, upon Trusts, and concerning the lands, tenements in Priest Weston, and Middleton, and other premises subject to the yearly annuities, after the end or sooner determination of the 400 years, to the use of the first son of Humphrey Sandford and Elizabeth, and his heirs male, in default of which to the use of 2-10th and other sons of Humphrey Sandford and Elizabeth in seniority of birth. Concerning the premises in Priest Weston and Middleton to the use of Elizabeth Sandford for her life and after the determination of the estate to the use of Francis Walker and Thomas Harris, to permit Elizabeth to receive the rents, profits etc, during her life, and after her decease to the use of the daughters of Elizabeth and Humphrey Sandford to take as joint tenants, not as tenants in common. If any should die without issue, then her share shall be divided among the survivors; in default of heirs of the daughters to the use of such persons, uses or trusts as appointed by Elizabeth Sandford in her will; in default of such direction to the use of the right heirs of Elizabeth.

Concerning the manors of Bayston and Edgeton and other messuages, lands etc. (except those in Priest Weston and Middleton), from failure of issue of Humphrey Sandford, appointed to the use of William Evans and Leonard Hotchkiss for 500 years upon trusts mentioned, and at the end or sooner determination of 500 years, to the use of Humphrey Sandford, and in default of heirs male to the use of Folliot Sandford brother of Humphrey, mercer of Shrewsbury for his natural life, and after the determination of the estate to the use of Francis Walker and Thomas Harris for the life of Folliot Sandford, in trust to preserve the contingent remainders, but to permit Folliot to receive rent and profits of the premises and after his decease to the use of the first son of Folliot, in default of which to the use of 2-10th sons in seniority of birth; in default of heirs male of Folliot to the use of Job Sandford, brother of Humphrey for his natural life (etc. as above) in default of heirs male of Job, to the use of Richard Sandford, another brother of Humphrey, etc. conditions as above. In default of heirs male of Richard, then to the rightful heirs of Humphrey Sandford. Agreed between the parties that the term of 400 years limitedto Samuel Harwood and Edward Jeffrys is upon trust that when the yearly annuity of £250 and £20, both or either is behind more than 40 days, that they shall permit Elizabeth to take the rents and profits of the premises, until payment is made with all arrears and costs for damages sustained by her.

Concerning the term of 500 years limited to William Evans and Leonard Hotchkiss; agreed that this is upon trust that if there is no son of Humphrey and Elizabeth Sandford, and should be one or more daughters, that they should levy by mortgage or sale of the manors and premises £4000 for the portions for the daughters. The portion shall be paid when each daughter shall reach 21, unless she or they shall have been married before that age, unless they shall reach that age or marry before the failure of issue or in the life time of Humphrey Sandford before he shall take a second wife, and in such case within 6 months from failure of issue male, death or second marriage of Humphrey Sandford; further trust that if any daughters of Humphrey Sandford are living at time of his decease, then under 21 and unmarried, or born after decease of Humphrey Sandford, William Evans and Leonard Hotchkis shall out of rents and issues of premises raise and pay for the maintenance and education of such daughters, until they reach 12 years the sum which will be equivalent to the interest on their portions, at rate of 2½%, and when over 12 at the rate of 4%, until the portions shall be payable, payment to be made half yearly at Lady Day and Michaelmas beginning following the death of Humphrey Sandford. Provided that if any of the daughters shall die before they marry or reach 21 years then their portion and education and maintenance money shall be divided among the survivors. Provided that if any of the daughters shall be married in the life time of Humphrey Sandford, and shall have been given any portions from the personal money of their father or money raised in pursuance of the power given to him for raising money for the younger children, then Humphrey Sandford shall declare by writing that such money given shall be part of their portion, to be raised out of the term of 500 years. Provided that if there are no daughters of Humphrey Sandford and Elizabeth, or daughters who shall have died before their marriages or ages of 21 years, and if the sum appointed for their portions and maintenance shall have been raised, the trustees William Evans and Leonard Hotchkis shall be reimbursed for their costs, and the remaining part of the 500 years term shall be void. If there is a male heir who ought to be entitled to the freehold and inheritance of the premises in Edgeton etc. and younger sons and one or more daughters, then it shall be lawful for Humphrey Sandford to charge the premises in Edgeton, Bayston etc. with a sum not exceeding £2000 for provision for the younger children. If Humphrey Sandford and Elizabeth his wife shall die without making such charge, then the term of 400 years as limited to Samuel Harwood and Edward Jeffrys shall be on further trust that they shall raise £2000 for portions for all the younger children who shall attain 21 years or marry, which sum to be equally divided among the children. If there are any children under 21 and unmarried at the time of the deaths of both parents then Samuel Harwood and Edward Jeffrys shall be empowered to pay, out of the rents and profits of the premises comprized in their 400 years money equivalent to the interest on the portions at rate of 4% to the younger children, payable half-yearly until the marriage of age of 21. Such charges shall not prejudice the payment of £250 and £20 p.a. to Elizabeth. It is agreed that it shall be lawful for Humphrey, Folliot, Job and Richard Sandford as they shall be seised from ti me to time of manors, messuages etc. by virtue of above limitations, to appoint any of the manors, messuages to any persons for 21 years or for any term determinable on 3 lives, on such leases that there shall be equal half yearly payments, with condition for re-entering premises for non-payment of rent, and no lease so granted shall permit lessee to commit waste, or exempt him from the punishment; premises leases still to be subject to yearly charge of £250 and £20. It is agreed that it shall be lawful for Humphrey, if he survives Elizabeth without male issue, Folliot, Job and Richard Sandford at such time that they shall be seised of the immediate freehold of the premises (except the capital messuage in Up Rossall and premises in Priest Weston and Middleton) to appoint any other manors, messuages to the use of their wives as jointure during the lifetimes of their wives but the same shall not exceed a third of the yearly value of the premises and no clause permitting them to commit waste shall be inserted. Folliot, Job and Richard (when seised of freehold) empowered to charge premises with sums of money for the provision for their daughters and younger children when they atta in 21 or marry; charges not to exceed £2000, and premises charged to remain charged with £250 and £20 yearly charge to Elizabeth Sandford, and leases which may have been granted. Covenant of Humphrey Sandford with Francis Walker, and Thomas Harris that he, at the request of William Evans and Leonard Hotchkis will make a conveyance for the better assuring of the premises to Francis Walker and Thomas Harris; to be done at the cost of Humphrey Sandford and no person shall be required to travel more than one mile from his habitation for the making of such assurance.

Whereas Elizabeth Sandford acknowledges to Francis Walker and Thomas Harris, one Fine Sur Cognizance de Droit, of premises mentioned, as :- 9 messuages, 1 stable, 80 acres of land, 30 of meadow, 60 of pasture, 80 of furze and heath and common of pasture in Shrewsbury, Preston Brockhurst, Priest Weston, and Middleton. Provided that if Humphrey Sandford shall during the life of Elizabeth desire to sell the messuages in Edgeton, Bayston, Brunslow, Kempton, Horderley, Woolston, Lea, Preston Brockhurst and Shrewsbury, then he shall convey to Francis Walker and Thomas Harris, other premises free from incumbrances which, in the judgement of William Evans and Leonard Hotchkis, are worth as much as the premises intended to be sold. It shall be lawful for Humphrey Sandford to revoke with the consent of Elizabeth his wife, all uses, trust, etc. made concerning the premises, and agreed that the trustees shall not be accountable for sums of money which they shall have received, and that none of them shall be responsible for the neglects or defaults of the other, and that they shall, out of the rents and issues of the premises, reinburse themselves of costs and damages suffered.

4 Seals; signatures of Hum:(phrey) Sandford and Elizabeth Jones.

Sealed and delivered in the presence of B. Pryce, Mary Vaughan, John Lloyd.

Parchment; 6 membranes.