How do I get the activation lock off a old phone but I do not know the email and password

Without the Apple ID and Password of the person who set up the device you will never be able to use it. Activation Lock is a theft prevention feature. We cannot help and Apple will not unless you can provide the original receipt clearly showing the serial number. Check this link...

How to remove Activation Lock - Apple Support

You can recycle the device at any Apple Store.