CRICH PARISH

which consists of the villages of Crich, Fritchley and Whatstandwell

Sale of lands in Crich
19 June 1633

A copy of the deeds of Thomas Babbington for the sale of certain properties to William Allestry and John Buxton

Ref: Derbyshire Record Office D76 ME11

Transcribed by Dr Alan Wilcockson

 

This Indenture made the nineteenth day of June in the ninth year of the reign
Of our Sovereign Lord Charles by the grace of god of England Scotland France and Ireland King
Defender of the faith Between Thomas Babbington of the Borough of Leicester in the county of
Leicester Esquire of the one part and William Allestry of Grays Inn in the county of Middlesex gent
And John Buxton of Brassington in the county of Derby Gent of the other part wittnesseth that the said
Thomas Babbington for and in consideration of the sum of three Hundred and Ten pounds of the lawful
Money of England to him in hand paid by them the said William Allestry and John Buxton, the receipt whereof
The said Thomas doth hereby acknowledge and thereof and every part thereof acquit exonerate and discharge them
The said William Allestry and John Buxton their heirs executors and administrators for ever by these p(re)sents
Hath granted bargained sold released and confirmed and doth by these p(re)sents for him and his heirs absolutely
Grant bargain sell release and confirm unto them the said William Allestry and John Buxton and their
Heirs All, that messuage farm or tenement situate lying and being in Pleistow in the county of Derby
Which now is in the occupation of Jeremiah Roades of Pleistow aforesaid yeoman or his assignees farmer or tenants
And all lands closes meadows pastures feedings woods underwoods privileges liberties commons franchises
Tenements hereditaments thereunto belonging or appertaining or to or with the same usually occupied set let or
Enjoyed or commonly reputed or taken or known to be part parcel or member thereof, And, all that other messuage
Farm or tenement situate lying and being in Pleistow aforesaid wherein one William Tomlinson yeoman
Now dwelleth And all lands closes meadows pastures feedings woods underwoods privileges liberties commons franchises
Tenements and hereditaments thereunto belonging or appertaining or therewithal usually occupied set let or
Enjoyed or commonly reputed taken or known to be part parcel or member thereof, And all that other messuage
Farm or tenement in Pleistow aforesaid now in the tenure or occupation of James Sowter or his assignees
Together with all lands closes meadows pastures feedings woods underwoods privileges liberties commons
Profits commodities emoluments and hereditaments thereunto belonging or appertaining or to or with the same
Commonly used occupied or enjoyed or reputed taken or known as part parcel or member thereof, And all that other
Messuage farm or tenement situate lying and being in the town or hamlet of Wheatcroft in the said
County of Derby now in the occupation of Robert Willcockson or his assignees together with all lands closes meadows
Pastures feedings woods underwoods liberties privileges franchises commons profits commodities emoluments and
Hereditaments thereunto belonging or appertaining or therewithal commonly used occupied set let or enjoyed or
Reputed taken or known as part parcel or member thereof And all that messuage farm or tenement situate lying
And being in Tansley in the said county of Derby now in the tenure or occupation of Rowland Statham or his
Assignees together with all lands tenements meadows pastures feedings woods underwoods liberties privileges franchises
Commons profits commodities emoluments and hereditaments thereunto belonging or appertaining or therewithal
Most commonly used occupied set let or enjoyed or reputed taken or known as part parcel or member thereof, And
All that messuage farm or tenement in Tansley aforesaid now in the tenure or occupation of Richard Marshall
Or his assignees together with all lands tenements meadows pastures feedings woods underwoods liberties privileges
Franchises commons profits commodities emoluments and hereditaments thereunto belonging or appertaining
Or therewithal most commonly used occupied sett let or enjoyed or reputed taken or known as part parcel member
Thereof And all that messuage farm or tenement in Tansley aforesaid now in the tenure or occupation 
Of Anthony Bowne or his assignees together with all lands tenements meadows pastures feedings woods
Underwoods liberties privileges franchises commons profits commodities emoluments and hereditaments there
Unto belonging or appertaining or therewithal most commonly used occupied sett let or enjoyed or reputed
Taken or known as part parcel member And all that Cottage or tenement in Tansley aforesaid
Now in the occupation of Henry Lowe or his assignees together with all lands tenements hereditaments
Thereunto belonging or appertaining or therewithal most commonly used occupied sett let or enjoyed and all the tithes or tenths
Of corn and grain and hay yearly happening renewing arising or increasing within ye towns fields precincts
Or territories of Tansley & Wheatcroft aforesaid or either of them together with all that yards or Croft in Tansley
Aforesaid commonly called ye Tithe Barn Yard which now is in the occupation of George Spateman and Henry
Statham or their assignees And all that Mill with the appurtenances commonly called the Lea Nether Milne situate
Standing and being in ye town or hamlet of Lea alias Lee in the said county of Derby and now in ye occupation of
Thomas Blackwell Esquire or his assignees together withal tools mulctures1 grists2 streams dams water courses liberties
Privileges & commodities to ye said Milne belonging or appertaining or therewithal occupied set let or enjoyed

 

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And all that wood or woods or parcel of woods grounds with the appurtenances lying within the Lordship or precinct
Of Lea alias Lee aforesaid commonly called Lee Woods and Mukton Springs which is now in the occupation of George Spateman
Or his assignees together with all lands tenements ways easements & commodities thereunto belonging or appertaining
Or therewithal usually occupied sett let or enjoyed or reputed taken or known as part parcel or member thereof And
All that messuage farm or tenement situate lying and being in Lea als Lee aforesaid now in ye occupation
Of William Allen or his assignees together with all lands tenements meadows pastures feedings woods underwoods
Liberties privileges franchises commons profits commodities emoluments and hereditaments thereunto belonging or
Appertaining or therewithal most commonly used occupied set let or enjoyed or reputed taken or known as part parcel or
Member thereof And all that other messuage farm or tenement in Lea als Lee aforesaid now in ye occupation of
Robert Greensmith or his assignees together with all lands tenements meadows pastures feedings woods underwoods
Liberties privileges franchises commons profits commodities emoluments and hereditaments thereunto belonging or
Appertaining or therewithal most commonly used occupied set let or enjoyed or reputed taken or known as part
Parcel or member thereof And all that other messuage farm tenement in Lea als Lee aforesaid now in ye occupation
Of Martin Orme or his assignees together with all lands tenements meadows pastures feedings woods underwoods
Liberties privileges franchises commons profits commodities emoluments and hereditaments thereunto belonging or appertaining
Or therewithal most commonly used occupied set let or enjoyed or reputed taken or known as part parcel or
Member thereof And all that other messuage farm tenement in Lea als Lee aforesaid now in ye occupation of
William Alsoppe or his assignees together with all lands tenements meadows pastures feedings woods underwoods
Liberties privileges franchises commons profits commodities emoluments and hereditaments thereunto belonging
Or appertaining or therewithal most commonly used occupied set let or enjoyed or reputed taken or known as
Part parcel or member thereof And all that other messuage farm or tenement situate lying and being in Lea als Lee aforesaid now in ye occupation of Thomas Allen or his assignees together with all lands tenements
Meadows pastures feedings woods underwoods liberties privileges franchises commons profits commodities emoluments
And hereditaments thereunto belonging or appertaining or therewithal most commonly used occupied set let
Or enjoyed or reputed taken or known as part parcel or member thereof And all that other messuage farm or
Tenement in Lea als Lee aforesaid now in ye occupation of John Bolsover or his assignees together with all lands
Tenements meadows pastures feedings woods underwoods liberties privileges franchises commons profits commodities
Emoluments and hereditaments thereunto belonging or appertaining or therewithal most commonly used
Occupied set let or enjoyed or reputed taken or known as part parcel or member thereof And all that other
Messuage farm or tenement in Lea als Lee aforesaid now in ye occupation of Jane Amote or her assignees
Together with all lands tenements meadows pastures feedings woods underwoods liberties privileges franchises
Commons profits commodities emoluments and hereditaments thereunto belonging or appertaining or
Therewithal most commonly used occupied set let or enjoyed or reputed taken or known as part parcel or member
Thereof And all that other messuage farm or tenement in Lea als Lee aforesaid now in ye occupation of John
Allen or his assignees together with all lands tenements meadows pastures feedings woods underwoods liberties
Privileges franchises commons profits commodities emoluments and hereditaments thereunto belonging or appertaining
Or therewithal most commonly used occupied set let or enjoyed or reputed taken or known as part parcel or
Member thereof And all that other messuage farm or tenement situate lying and being within ye town or hamlet of Over
Hollow-way in ye said county of Derby now in ye occupation of Robert Willcockson or his assignees together with
All lands tenements meadows pastures feedings woods underwoods liberties privileges franchises commons profits
Commodities emoluments and hereditaments thereunto belonging or appertaining or therewithal most commonly
Used occupied set let or enjoyed or reputed taken or known as part parcel or member thereof And all ye other
Messuage farm or tenement situate lying & being within ye town or hamlet Nether Hollow-way in
Ye said county of Derby now in ye occupation of Mary Meacocke or her assignees together with all lands tenements
Meadows closes pastures feedings woods underwoods liberties privileges franchises commons profits commodities
Emoluments and hereditaments thereunto belonging or appertaining or therewithal most commonly used occupied set
Let or enjoyed or reputed taken or known as part parcel or member thereof And all ye cottage or tenement with
The appurtenances in Nether Hollow-way aforesaid now in ye occupation of George Turner or his assignees with all
Lands tenements and hereditaments thereunto belonging or appertaining or therewithal used occupied set let or enjoyed
Together with all ye Manor of Lea als Lee with ye rights members & appurtenances thereof in ye said county of Derby
And all ye said other messuages cottages lands tenements & hereditaments of him ye said Thomas Babington situate
Lying & being within ye town fields precincts or territories of Lea als Lee Tansley Over Hollow-way
Nether Hollow-way Wheatcroft & Pleistow aforesaid or **** of them

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And all ways waters watercourses watering places commons Common of Turbury & pastures
Liberties easements privileges franchises & appurtenances whatsoever to ye said messuages cottages
Land & premises or any of them belonging or in anywise appertaining or to or with the
Same or any of them usually demised occupied or enjoyed or reputed taken or known as part p(ar)cel
Or member of them or any of them & hereto held & enjoyed under any yearly rent usually paid to
Ye said Thomas Babington or ffrancis Babington ye late father of ye said Thomas as all &every
Ye lands tenements & hereditaments by these p(re)sents intended to be bargained & sold have formerly been
Hold & enjoyed And ye reversion & reversions remainder & remainders rents & services of all & singular
Ye aforesaid p(re)mises & every part thereof And all that estate right title interest claim & demands of
Him ye said Thomas Babington of in or to ye same or any part thereof And the said Thomas Babington
Doth hereby for ye consideration aforesaid grant bargain & sell unto ye said William Allestry & John Buxton
Their heirs & assignees All deeds evidences writings solely concerning ye p(re)mises or parts thereof
And two copies of all other deeds writings & evidences touching or concerning the messuages lands &
P(re)mises or any part of them jointly with any other lands tenements or hereditaments ye said copies to be
Written out at ye costs & charges of ye said William Allestry & John Buxton their heirs or assignees To
Have and to Hold the said Manor & all ye aforesaid messuages cottages lands tenements & hereditaments
& all and singular other ye p(re)mises with every of their appurtenances unto them ye said William Allestry
& John Buxton their heirs & assignees for ever To ye only proper use & behoofe of them ye said William
Allestry & John Buxton their heirs and assignees for ever To hold of ye Chief Lord or Lords of ye fee or fees
By ye rents & services therefore due & of right accustomed And the said Thomas Babington for him and
His heirs ye said Manor messuages cottages lands & all other ye p(re)mises above mentioned & intended to
Be bargained & sold with their & every of their appurtenances to them ye said William Allestry & John Buxton
Their heirs & assignees against him ye said Thomas Babington his heirs & assignees shall & will warrant
And for ever defend by these p(re)sents And the said Thomas Babington doth by these p(re)sents him his
Heirs executors & administrators & every of them covenant promise & grant to & with ye said William
Allestry & John Buxton their heirs & assignees & every of them that it shall & may be lawful to and
For ye said William Allestry & John Buxton their heirs & assignees from time to time & at all times
Hereafter for ever lawfully peaceably & quietly to have hold use occupy posses & enjoy ye aforesaid
Manor messuages cottages closes lands tenements & hereditaments & all & singular other ye p(re)mises
With their & every of their appurtenances & every part & p(ar)cel thereof without any lawful let suite
Trouble eviction molestation or disturbances of him ye said Thomas Babington his heir or assignees
Or of any other person or persons whatsoever lawfully claiming or hereafter to lawfully claim
By from or under him them or any of them And the said Thomas Babington doth hereby further
For himself his heirs executors & administrators & every of them covenant promise grant & agree
To & with them the said William Allestry & John Buxton their heirs & assignees that all & singular
Ye aforesaid p(re)mises with every of their appurtenances & every part thereof now are & be & so from time
To time & at all times for ever hereafter shall continue & be unto them ye said William Allestry & John
Buxton their heirs & assignees free & clear & clearly acquitted & discharged or otherwise upon reasonable
Request to be made well & sufficiently saved & kept harmless of & from all manner of former and
Other bargains sales gifts grants jointures dowers leases statutes merchant & of ye Staple rent
Charges rent Sockes3 arrangements of rents Services suites seizures for faitures4 issues amercements debts
And duties to ye King recognisances judgements executions & of & from all other title troubles
Charges & encumbrances whatsoever had made committed done suffered or consented unto
By him ye said Thomas Babington his heirs or assignees.

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Or any other person or persons lawfully claiming by from or under him or by his assent
Means or procurement And the said Thomas Babington doth hereby further for himself his
Heirs executors & administrators & every of them covenant promise & grant to & with them ye
Said William Allestry & John Buxton their heirs & assignees that he ye said Thomas
Babington & his heirs shall & will from time to time & at all times hereafter during the
Space of seven years now next ensuing ye date hereof at ye reasonable request & at
Ye proper costs & charges in ye law of them ye said William Allestry & John Buxton their
Heirs & assignees make do acknowledge suffer & execute or cause & procure to be had made
Done acknowledged suffered & executed all & every such further and other reasonable & lawful
Act or acts thing or things device or devices in ye law whatsoever for ye more plain better &
Perfecter assurance surety sure making & conveying of all & singular ye aforesaid p(re)mises
With every of their appurtenances & every part thereof unto ye William Allestry & John
Buxton their heirs and assignees as by them ye said William Allestry & John Buxton their heirs or
Assignees or their counsel learned in ye law shall be reasonably & lawfully devised advised or required
Be it or ye by fine or fines feoffment or feoffments deeds enrolled or not enrolled enrolment
Of these p(re)sents recovery or recoveries with single or double voucher or vouchers over release or confirmation or by all or any ye ways or means aforesaid or otherwise howsoever so as ye same conveyances or assurances contain no further or other warranties then as aforesaid And so as
The said Thomas Babington nor ye party or p(ar)ties that so shall levy acknowledge suffer or
Execute ye same be not enforced to labour or travel for ye executing or performing of any
Such assurances above ye space of 10 miles from his from his or their dwelling place at ye time of such
Request to be made And finally it is covenanted granted concluded & fully agreed upon by and
Between all ye parties to these p(re)sents& ye full intent & meaning of them is that all & every fine
Or fines recovery or recoveries or any other assurance or conveyance whatsoever hereafter to be
Has made levied acknowledged suffered or executed of ye pr(o)mises or any part thereof by ye said Thomas Babington or any other person whatsoever unto ye said William Allestrey & John Buxton
Their heir or assignees or any other by their denomination & appointment shall be & shall be
Construed deemed & taken to be & hereby declared to be to ye sole proper use & behoofe of them ye
Said William Allestry & John Buxton their heirs & assignees for ever according to ye true intent of
These p(re)sents to & to & for no other use intent & purpose whatsoever In Witness whereof ye parties
Above said to these p(re)sents indentures have interchangeably hereunto set their hands & seals dated
Ye day & year aforesaid Annoq(*) Domi 1633

1  Mul(c)tures; Toll in kind paid to the miller for grinding corn

2 Grists: Grain ready for milling, free of husks or ground malt for brewing

3 Soke; A district under a particular jurisdiction. Also Socage; Tenure of lands by service fixed and determinate in quality

4 Faitor/Faitour: Impostor

 

 

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