Will of Henry Babington of Dethick, Derbyshire, 1572

Date: [unknown] [unknown]
Location: Dethick, Derbyshire
Surname/tag: Babington

This is a transcript of the will of Henry Babington of Dethick, Derbyshire, England. His will was dated 5 May 1571 (13 Eliz) and proved in the Prerogative Court of Canterbury on 19 February 1572/3. Source: The National Archives (UK), PROB 11/55/90.

The transcript retains the original spelling and punctuation. Paragraph breaks and headings have been added to improve readability.

Will

In the name of god amen in the yeare of o^r lorde god 1571 the v^th daye of maye in the xiij^th yeare of the raigne of o^r Soueraigne ladye Elizabeth by the grace of god Quene of Englande Fraunce and Irelande defendor of the faithe &c / I Henrie Babington of Dethicke in the countie of Derbye esquire sicke of bodye and yet of goode and perfecte remembrannce thancks be given to godd, doe ordaine constitute and make this my laste will and testament in manno^r and fourme folowinge /

Firste I bequeathe my soule unto the almightie and lyvinge god trusting by the deathe of his sonne Jesus christe to be accepted amongeste the nomber of the ellecte people of god to glorifie the father the sonne and the holye ghouste in his heavenlye kingdome worlde w^t oute ende / And I bequeathe my bodie to the earthe to be buried in the churche of Ashover called Babington / Item I give unto fourescoare of the poore people of the same parrishe iiij^d and one pennye lofe a pece at my buriall /

And wheras I the saide Henrie Babington by indenture of lease Did Demyse grannte and to terme lette to Roberte Heis my servannte all those my Mannors of Dethicke and Lytchurche w^t thappurtennces in the countie of Derbye and all and singler my landes tennements and heredittaments in Dethicke Litchurche Coleaston Tansley Drawnefeilde Wasshington Workeswothe Radburne Highe assheon Plestowe wheatecrofte Pingtone Breadon and Tonge and the moyetie of the manno^r of Norton in the saide countie of derbye and all that my manno^r of Kingstone w^t thappurtenncs in the countie of Nott, and all my landes tennements and heredittaments in [?] Gotham Marnham Normanton Osberton Bilbye Ranbye and Matterseye in the saide Countie of Nott and all that my rectorie or parsonaige of Marneham in the saide countie of Nott for tearme and space of iiij^xxx yeares / frome the daye of the date of the saide indenture / yealdinge the yearelye rente of seaven score poundes yearelye for the same mannors and premisses paiable as by and in the same Indenture beareinge date the xviij^th daye of Maye in the viij^th yeare of the raigne of oure nowe soveraigne ladie the quenes ma^tie more at lardge appearethe w^ch saide Indenture of lease was sealed and delivered by me the saide Henrie the verey same daye and yeare yt bearethe date and was not made of anye intente to defrawde the quenes Ma^tiee of any benefite w^ch her highnes shall or may clayme by reason of the mynoritie of my heire for I have retyned[?] by the said lease the yerelie rent of vij^xxli w^ch is more then the thurde parte of my hole onheritannce but my verey meaninge and intente in making of the saide lease was there and is nowe and soe hathe bene alwaies since the makeinge of the same bothe to avoide suche daungers penalties and forfeitures of statuts or other bondes as I by negligence mighte incurre and alsoe that w^t that proffitte of the saide lease my wife and all the residewe of my childrenne savinge myne heire shoulde be bennefited and preferred, and that the revenues of my saide Mannoures and inheritannce over and besides the saide rente reserved shoulde be ymployed for and towardes the better prefermente and advanncemente of my saide wife and childrenne duringe the space of xij yeares nexte ensewinge my deathe /

Wherefore I hartelye require my verey freindes M^r Frauncs Mollinex & my brother Thomas Rersbye esquires whome I have thowghte good to put in truste with the saide lease thinckinge them more meete for the execucon of my saide intente and meaninge then the saide Roberte Heis my servannte / And for that cawse and purpose have cawsed the saide Robert Heis to make an assignemente of his saide intereste for yeares to them that they will paye aswell my daughters by my firste wife as to my younger childrenne by Marye my wife suche monnye and porcons as I have appoincted and gyven vnto them by this writinge conteyninge my laste will And furder to bennefite my wife and saide childrenne w^t the profitte of the saide Manno^rs duringe the space of xij yeres nexte after my decease as to theire discreconne shall seeme meete and conveniente and after thende of the saide xij yeares nexte after my decease / Then my full meaninge is and was that the intereste and estate of the saide leasee and the saide tearme of yeares shoulde cease and be cleirely[?] voide / And that then my righte heire shoulde enter into all the said Mannors lande tenements and heredittaments / And moreover my intente and meaninge is that all suche Dewe and inste debts as I oughte to anye parsonn and all suche monnye as I have receyved for mye fine or incomte of anye lease to be made w^ch saide lease ys not made accordinglye or w^ch saide leases the saide parsonne shall not enioye accordinge to the effecte of theire saide lease and agreamente w^t me that the saide debts and monnye soe receaued by me be dulye annswered and paide of the profitts of the saide manno^r and p’misses letten by the saide Indenture of Lease /

And althoughe I did by the advise of my verey freinde M^r Gabriell Chambers make an other lease of my saide Mannors and enheritannce to my lovinge freinde M^r Anthonye Gell and Henrye Towncrawe Beinge in deade devised by hym and mente by me to suche like puirpoose and entente as be afore declared yet nevertheles like as the saide lease grannted to my servannte Roberte Heis was made sealed and delivered to hym and was to hym a perfecte lease in lawe before anye other lease that I made of the saide Mannors even so my [?] meaninge was alwaye that the saide lease made to hym shoulde stonde and be effectuall in suche sourte as I have before declared and that noe other lease made to anye other parsonn or parsonns shoulde take place or shoulde be in fource

And thus muche have I thoughte necessarie to declare for avoidinge of such dowbts as maye arryse by reasone of the saide severall leases and alsoe to shewe my trewe meaninge in makeinge the saide lease to my saide servannte, and yf in case the saide lease made to my saide Servannte Roberte Heis and by hym assigned to my saide freinde M^r Mollynex and M^r Rerisbye shoulde not prove good in lawe for all my said Mannors lands and inheritanncs accordinge to the effecte thereof either for wante of attornemente of the temmts to be [?]ected or suche like matter / Then my will ys and hereby I devise and bequeathe the saide yearely rents of vij^xxli referred to me and my heires uppon the saide lease to the saide Frauncs Mollynex and Thomas Rerisbye and to theire Assignes for and dureinge the space and tearme of Twentie yeares nexte ensewinge my decease the same to be ymployed for the p’fermente of my said wife and childrenne and accordinge as to theire discrecons shalbe meete and reasonable /

Item I will that my executours shall gyve to Anne Babington my daughter C^li of good and lawfull monnye of englande at suche tyme and when she shalbe Twentye yeares of aige orells at the Daye of her marriage /

Item I will unto Susans Katherine and Marye Babington my daughters and to evye one of them C^li a peece of good corrannte englishe monnye to be paide unto them and enye one of them as they and enye one of them shall accomplisshe the full and perfecte aige of xxj yeares or at the daye of theire severall marriags and yf any of my saide iiij daughters dye before the saide aige of xxj yeares or theire dayes of marriage / Then I will the porcon of her that dyeth shall goe and be bestowed of the survyvours of them for theire better prefermente.

Item I gyve and bequeathe unto Frauncs and George Babington my sonnes and to either of them yearelye towarde theire bringing upp in learninge untill they accomplishe theire severall aige xx yeares xiij^li vj^s viij^d to be paide by my executours oute of the profitts of my landes leased unto the saide Roberte Heys /

Item I gyve and bequeathe unto Dorothie Mawde and Eliano^r Babington my Daughters and to enye one of them CC^li of lawfull englishe monye to be paide them and eny’e of them at suche tyme and when they or eny’e one of them shalbe marryed or shalbe and accomplisshe the full aige of xx^tie yeares / and yf yt happen my saide tjree laste named daughters to dye before shee or they be married / Then the porcon of her that soe dyeth shalbe bestowed of the residewe of those three laste named daughters to that be then lyvinge /

Item I will that my executors shall have all my leases and also receave and take all the yssewes and profitts of all those my landes tennements and heredittamts hereafter menconed to paye my debts and furder to perfourme this my laste will and testamente for the tearme of Tenne yeares that ys to witnes all my landes in Newthorpe Limbaston Chaddesderme Codno^r Moyginron my tourne of the advowsione of the rectorye of Egenstone of the deathe and all my Mannors of the Lee with thappurtemmcs and my Lands purchaized of william Johnsone in Tansltye in the countie of Darbye and all my landes and tennements in Bredon and Tonge in the countie of Leicester and all my tithes and Tennements in The Gresthorpe and Madarseye thorpe in the countie of Nott and my tourne of the advowsion of the rectorye and oarrishe churche of Milton gynes in the countie of Northampton /

Item I will that Frauncs my sonne shall have after that he accomplishe the aige of xxj yeares Tenne poundes yearelye oute of my Manno^r of Lee at twoe severall feasts in the yeare that ys to saye At the feaste of the Anunciacon of o^r ladye and S^t Michaell Tharchanngell by even porcons duringe his lyfe naturall and for lacke of paymente thereof to distreigne as for a rente chardge /

Item I will after this my will be pfourmed that all my saide landes and advowsions w^t theire appurtenncs (excepte the Mannor of Lee w^t the appurtenncs shalbe and remane unto my saide sonnes Frauncs and George duringe theire lyves and the longer lyvar of them. And after theire decease all the saide landes advowsions and Tennements with theire appurtenncs shall come and wharlie[?] remaine unto my sonne and heire and his heires forever /

Item I will that my executors shall paye yearelye unto evy’e one of my Seaven daughters vj^li xiij^s iiij^d untill they shalbe married or have theire pts and porcone paide to them as is a foresaide /

Item I will that Marye my wife shall have all my goods w^ch be usuallye kepte for the occupienge of my Mannor of Kingstone in the countie of Nott and all my furnyture and ympleaments of howsehoulde and husbandrye usuallye occupied in the saide manno^r howse of Kingstone or in anye other howse of office perteyninge to the saide Manno^r /

Item I will unto Anthonye Babington my sonne and heire one Basonn[?] and one Crore[?] of silver percell guilte twoe silver kannes percell guilte twoe bowles percell guilte one silver salte double guilte w^t A C over my sealeinge ringe one other ringe with a blewe Sapheire in yt and one other ring with [?] T [?]ys in ytt my best chayne of goulde weyinge liiij^or ounzes / Alsoe I will unto my saide sonne Anthonye all my furnyture of howseholde stuffe and ympleaments of husbandrye in my manno^r howse at Dethicke and other howses of office apperteyninge to the same /

Item I will that my executours shall have for the tearme of Sixe yeares nexte ensewinge after my deathe all my boyles and boylestayds blacke worcke flaggs and mynes / And alsoe I will that my saide Executo^r shall have sufficiente woodde fourthe of my Mannor of the Lee yearelye for twoe fyers for the saide boyles duringe the saide tearme of vj yeares for the better performannce of my saide will /

Item I will unto evy’e servannte that ys nowe in my service one quarters waigs over and besides theire dewe waigs and one quarter of a yeare bourde and findinge /

Item I gyve unto Roberte Heis x^li and my beste geldinge that I shall have at the tyme of my deathe savinge one /

Item I make Marye my welbeloved wife Frauncs Mollyneux and Thomas Rerisbye esquires my executors of this my laste will and testamente / And I will and bequeathe unto the saide Frauncs Molynax x^li and Thomas Rerisbye one baye stoned[? horse in consideracon of theire paines takeinge in and aboute the executinge of this my laste will and testamente

In witnes whereof hereunto I have sett my hande and Seale the daye and yeare abovesaide in the pnce of theis psonns whose names are subscribed Henrie Babington Frauncs Rods John Banister Deonys Hartlington //.

Probate

Probatum fuit testamentum suprascriptum coram magro Willmo Drewrie Legum doctore Curie prerogative Cantnarun Comissario apud London Decimo nono die Februarij anno domini Millimo quingen’ Septuagesimo secondo Iuramento Henria Greene procur’ Marie Babington relee et executric in h’moi testo nominat / Cui commiss’ fuit Administraco omn’ slor Bonor &c / De bne &c Ad sancta dei Evangelia Iurat // Reservata p[otes]tate reliquis execut &c [?] cum venerint &c admissuri //

[Translation: The above-written will was proved at London before Master William Drewrie, Doctor of Laws, Commissary of the Prerogative Court of Canterbury, on the 19th day of February in the year of our lord 1572 on the oath of Henry Greene proctor for Mary Babington [relict?] and executor named in the will / to whom administration was granted of all and singular the goods etc / sworn on the holy gospels to well etc / Power reserved for rest of executors etc [to apply for?] administration etc. ]