Lease and Release

Release between

1) William Emarton, gent. of the Middle Temple, London

Sarah Emarton, widow, of Albury, Herts, mother of William

Richard Young, yeoman, of Hudnoll in the parish of Edlesborough, Bucks.

John Nuell, yeoman, of Hudnoll.

2) Thomas Brewer, gent. of Pittleston, Bucks. Daniel Keene, yeoman, of Wingrave, Bucks.

3) Tymothy Seamer, gent. of Shrewsbury.

Whereas John Cole of Up Rossall alias the Isle of Rossall Esq., William Jones of Lincolns Inn, Esq., and Francis Griffith gent., of the Middle Temple, London, by indenture of 22nd Feb. 1663/4 between John Cole, William Jones and Francis Griffith (1) William Emarton, gent of Albury, Herts, father of William Emarton (2), Cole in consideration of £1,300 and Jones and Griffith in consideration of 12d. a piece, bargained and sold to Emarton snr. the Manor of Up Rossall alias the Isle of Rossall with all belonging; to hold for 500 years at a peppercorn rent with proviso that if Cole paid to Emarton £1,417 at the common dining hall of Grays Inn at a specified time, the demise to be void. Whereas the £1,417 were not paid to Emarton, therefore the interest and term of years became absolute in law. Whereas William Emarton snr. for a competent sum by an Assignment of 23rd May, 1666 between William Emarton (1) Thomas Brewer and Daniel Keen (2) reciting the grant for 500 years. assigned to Brewer and Keen the manor of Up Rossall.

To hold for the residue of the 500 years. Whereas John and Anne Cole, William Jones and Francis Griffith by lease and release of 29 and 30 May 1666 between the Coles, Jones and Griffith (1) and John Edlyn and John Theed and William Emarton and Sarah his wife (2) in consideration of £3,600 granted to Edlyn and Theed the manor of Up Rossall to hold to them for ever with covenant to levy a fine (which was done) in trinity term 18 Charles II, between Edlyn and Theed, plts., the Coles, Jones and Griffith, deforciants. Whereas Brewer and Keene by their indenture of 20th July 18 Charles II (1666) between Brewer and Keene (1) and William Emarton snr., and Sarah his wife and William Emarton jnr. (2) reciting the sale of the Manor of Up Rossall made by Cole, Jones and Griffith to Emarton snr. by indenture of 22nd Feb. 1663/4 for 500 years and the assignment by Emarton snr. to Brewer and Keene by indenture of 23rd May last, Brewer and Keene declared that as to the messuages and lands in the occupation of William Harpur part of the Manor to be in trust for the use of Sarah wife of William Emarton snr. and as to the tenement in Up Rossall in the possession of Arthur Downes to the use of William Emarton jnr. in trust to them only.

Whereas Edlyn and Theed by their indenture of 20th July 18 Charles II (1666) between them (1) and William Emarton snr., his wife and Emarton jnr. (2) reciting that whereas the Coles, Jones and Griffith by indenture of 30th May last between them (1) and Edlyn and Theed and Emarton and Sarah (2) released to Edlyn and Theed the Manor of Rossall in trust for the uses following; as to that part in the possession of William Harpur (rehearsing the particular pieces of land, to be in trust for the sole use and benefit of Sarah Emarton and her heirs for ever; and as to the tenement at the Isle gate in the possession of Arthur Downes to be to the use of William Emarton snr., during his life and after his death to the use of William Emarton, jnur. and his heirs for ever; and Edlyn Theed did by this indenture of 20th July declared the trust to be in them only for the use aforesaid and that as to the farms and lands in the possession of William Harpur they should be ready to assign their respective interest to such person(s) as Sarah should nominate and appoint free from all incumbrances.

Whereas by an indenture quadrupartite bearingdate 6th December 1666 between William Emarton,snr. and Sarah his wife and William Emarton jnr. (1) Brewer and Keene (2) Edlyn and Theed (3) Richard Young and John Nuell (4) reciting the deed made by Cole and other conveyances.

Whereas the fee and inheritance was vested in Edlyn and Theed it was agreed between the parties, and the Emartons and Edlyn and Theed covenanted with Young and Nuell to levy to them in the Court of Common Pleas before the end of Hillary Term next a fine of the Manor of Up Rossall which fine was declared to be to the uses thus: the Manor house and lands therein named in the occupation of William Harper to the use of Young and Nuell for the life of Sarah on special trust that they should from time to time dispose of the rents and profits thereof as Sarah as well during coverture as at all times afterwards during her life should direct as if she were an unmarried woman in such manner as to her seemed good and so as W. Emarton her husband, his heirs and executors might not intermeddle with the same nor have any control or disposition of the same or any part of it; and Young and Nuell should suffer the rents and profits of the Manor house and lands to be received in such manner and by such person(s) whom Sarah by writing should appoint to receive and enjoy the same; and after the death of Sarah to such uses for such terms as Sarah should by any writing declare in default of such declaration or for so much as should not be limited, to the use of the right heirs of Sarah for ever; as to the messuage at the Isle gate with the lands therein particularly mentioned being the remaining part in the possession of Arthur Downes and William Harper to be to the use of William Emarton, snr. for his life and after his death to the sole use of the heirs of William Emarton for ever; which fine was levied. Whereas by a lease of 27th September 1674 between William Emarton snr. and Sarah his wife, Richard Young and John Nuell (1) and William Emarton jnr. (2) the Manor of Up Rossall with the lands therein mentioned and all the grantors' right and interest was conveyed to Emarton jnr. for 1 year for a peppercorn rent payable at the feast of St. Thomas. By the release of 28th September 1674 between William Emarton, snr. and Sarah his wife, Richard Young and John Nuell (1) Thomas Brewer and Daniell Keene (2) William Emarton jnr. (3) reciting several of the said indentures, Emarton and Sarah in consideration of affection to their son grant and release to him in his possession by the lease of 27th September the Manor of Up Rossall, with all rights, and the deeds, to hold to Emarton jnr. to his use for ever. It was declared between all parties to the indenture tripartite that Brewer and Keene shall stand possessed in the premises for the remainder of the 500 years, to the intent that the same might wait upon and be subservient to the freehold and inheritance of the manor and premises for protecting the same from incumbrances only and to all other intents as if the said lease or term of years were determined and surrendered; by all which recited indentures it appears that the inheritance of the Manor of Up Rossall is now legally vested in William Emarton, jnr. Now, William Emarton jnr. and Sarah Emarton in consideration of £1,280 from Seamer and 5/- to Young and Nuell, grant and release to Tymothy Seymer and his heirs in possession by the lease for 1 year of the day before (465/303 ) between the Emartons, Young and Nuell (1) and Seamer (2) all the capital messuage or manor house of Up Rossall alias the Isle of Rossall with all the buildings and gardens etc. belonging; and the piece of land called the Leyes adjoining to the capital messuage (6 acres); the piece of land called the Bakehouse Yard (25 acres); the piece of arable land called the Shuttfield (20 acres). Piece of land called Calves Croft adjoining to the Shuttfield now or late in the tenure of Adam Davies (5 acres); The pieces of pasture ground called the two biggest Bottomfields (42 acres); 2 pieces of meadow called the Sandy Meadows or Bromfields meadows (24 acres); the piece of arable land called the Marle piece beyond the pool (16 acres); piece of arable land called the great Barres (15 acres). piece of land called the little Barres (5 acres); all which messuage and premises are part of the Manor of Up Rossall in the liberties of the town of Shrewsbury in the parish of St. Chad's Shrewsbury, now or late in the tenures of Roger Poole, William Harper and Adam Davies, with all other appurtenances belonging, and the right and title of the grantors and all deeds and copies of deeds containing other property as well, to be copied at Seamer's expense; to hold to Seamer, his heirs and assigns for ever; and Brewer and Keene assign to Seamer all the said premises and their claim by virtue of the lease for 500 years, and they covenant severally that the premises are clear and discharged from all former grants etc. The Emartons covenant that the premises shall be free of all incumbrances and former grants made by them, for ever; Young and Nuell covenant that they have not encumbered the premises; the grantors covenant to make a further assurance in the law at the request and cost of Seamer provided the parties to it do not have to travel over 30 miles from their abodes to do so.

Signed and sealed: William Emmerton, Sara Emarton, Richard Young, John Nuell, Thomas Brewer, Daniell Keene.

6 seals, covered in paper, complete, on parchment tags. Endorsed: memorandum that the bargain and sale for 1 year was 1st sealed by the Emartons, Young and Nuell and afterwards the release was sealed by William Emarton, Sarah Emarton, Richard Young, John Nuell, Thomas Brewer and Daniell Keene in the presence of: Thomas Phillips, Francis Gibbons Rich: Manninge, Thomas Leeke.

Release docketed on dorse: William Emarton and Sarah Emmarton to Timothy Seymour Conveyance of House and Lands in the Isle dated 13th of January 1680.

Endorsement of lease: witnesses to sealing and 2 interlineations: Thomas Phillips, Francis Gibbons, Richard Manning, Tho. Leeke.

Docketed: Wm. Emarton and Seamer Bargain and sale for one year. Dated January 12th 1680.

4 seals covered in paper, complete, on parchment tags.