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From:
Subject: Re: Judith Halfhide
Date: Sun, 23 Jan 2011 15:51:14 EST


There was a connection between the Edlyn and Emerton families *before* the
marriage of Sarah Edlyn to Thomas Emerton (which occurred 25 Sep 1688 North
Church, co Hert Batch M072711 wj)


Folder icon Lease and Release 465/303 and 304 12th and 13th January
1680/1
These documents are held at Shropshire Archives
Contents:
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.



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