In which my buryall my request is they ther(e) be gyven to every of my Children and to every of my brothers and Sisters a mourning garment
The rest of my funerall Charges both for blackes to my Servannts and otherwise I referr wholly to my Executors hereinafter named wherin my
request is That they will avoyde such vayne funerall pompe as the world by custome in tyme of Darknes have longe used, but rather I doe
desire that all Superfluous Coste may be spared and the same may rather be bestowed upon the poore.
And my Desire is That there be given to so many poore men gownes as I shalbe yeares old at the tyme of my Death
And as touching such Worldly goodes as it hath pleased God to bestowe upon me : I have thought convenyent rather to dispose of them in my
perfect memory then to trouble myself with them at my latter tyme when it shalbe most meete for mee to forgett the world and all thinges
therein contayned and to thinke upon my Salvation in the Lord Jhesus and upon the heavenly Jerusalem where I am sure to remayne in Joy,
world without end
And, therefore, my desire is That all such debts and sommes of Money as I owe to any person or persons be duly Satisfyed
and payd in reasonable and convenyent tyme And for the better performance and more speedy payment thereof I doe will and appoynt That all
my Houshould Stuff, goods, Cattell (my Leases only excepted) be sold to their best values unles(s) such thinges as I shall in kynde
hereafter give away by this my last will and Testament.
And likewise I will my Executors shall receive the rentes of my Leases untill my sonne shall accomplish the age of One and Twenty yeares
And I doe most earnestly intreate and request my Executors that they wilbe carefull to receive my Lease of the Parsonage at Hearne before
it be six yeares expyred which holdeth of my Lord of Canterburies grace: And that they do renew it in my sonnes name
And likewise that they would every six yeares renew my lease of Lyme parsonage which holdeth of my good freind Mr. Archde[a]con of Canterbury.
And my desire is that they would do the like with the Deane and Chapter of the Church of Canterbury for my Lease which (I) holdeth of them
called Ware and Colemans. And for my lease of Monlkton and Thorndon I hope shall not neede to be renewed before my Sonne shall come to his
full age of One and Twenty yeares
Item I will and bequeth to my welbeloved brother Sir Thomas Smyth, Knight my best ambring gelding with my best furniture: And two
other geldings for his men to ryde on
And I do will and bequeath to my brother Sir Richard Smyth my loving brother my Jennett called the blewe Jennett
And I doe will and bequeath unto my brother in Lawe Sir John Scott, Knight the pyed Jennett which was of the Fowles Mare
And I doe will and bequeath unto my good brother in Lawe Sir Henry Fanshawe, Knight my elder bay Jennett and the pyed Mare Jennett
which was of William the Bayliffs Mare at Sturrey
And I do will and bequeath to Sir John Davy my Godson my yonge bay Jennett which came last from Hearne
And I doe will and bequeath unto Sir Arthure Horris, Knight my Sorrell cropt-eare horsse
And I doe will and bequeath unto Sir George Hayward, Knight my godsonne my gray horse called Tosser
And I doe give and bequeath unto my Nephew Auditor Fanshawe and his brother William to ech of them, twenty pound in money to buy
them geldings withall
And I doe will and bequeath unto my Nephew Thomas Butler Esquior Tenne poundes in money
And I doe give and bequeath unto my Nephew John Hayward Esquior Tenne poundes in money
Item I will and bequeth unto John Smyth the Sonne of my brother Sir Thomas Smyth, knyght
and unto John Smyth the Sonne of my brother Sir Richard Smyth, knight
And unto John Smith the Sonne of my brother Robert Smith, deceassed
And to Tho: Fanshawe the Sonne of Sir Henry Fanshawe, knight
And to Thomas Fanshawe the Sonne of Auditor Fanshawe
And to John Sondes the Sonne of Richard Sondes, Knight
being my Godsonnes, To every one of them Tenne poundes a peece
Item I will and bequeath unto my brother Henry Smyth deceassed his poore Children fortie poundes a peece to e[a]ch of them
Item I will and bequeath unto every one of my owne Sisters fortie poundes to ech [each] of them
And I doe most earnestly pray you all to except of these my small remembrannces, in token of my love and affection which I have alwayes
borne yon all, assuring you that if I had bene out of debt and my state better Conditioned than it is, I would have dealt more liberally
w[i]th you
Item I will unto my Cosen Henry Smyth of Bayden (my debts being payd) an [one] hundred pounds
And I doe give and bequeath unto my loving and trusty Servannt Tho: Tavernor an hundred pounds
Item I will and bequeath unto my Cosen Richard Smyth my Servannt, Tenne poundes Annuitie yearely during his lief
And I doe will and bequeath unto my Servannt William Dixon Tenne poundes Annuitie yearely during his lief
And I doe will and bequeath to my Servannt Davy Usher Six pounds, 13 shillings fower pence annuitie yearely during his lief
And I doe give and bequeath to my Servannt John Haytree Six pounds annuitie yearely during his lief
And I doe will and bequeath to my Servannt John Knock fyve pounds annuitie yearely during his lief
Item I will and bequeth unto every one of my Servannts besydes these before named being in my service at the tyme of my death fyve pounds a peece in money, my meaning is serving men being my houshould servannts And I will and bequeath to every Mayd Servannt which shalbe in my service at the tyme of my death fyve pounds a peece in money
Item I doe further give and bequeath unto my Daughter Elizabeth Smythe for her portion in Mar[r]iage Three thousand two hundred
poundes which is the like somme I gave my Daughter Baker, and is at this tyme owing to her husband Sir Henry Baker, Knight
who is upon the payment thereof, to make my Daughter a Jointure of Six hundred pounds a yeare, which I intreate my Executor hereafter named
to see it carefully performed
Item I doe further give and bequeath unto my Daughter Baker my bedd of Cloth of gold and the canopy thereunto belonging with all such
furniture of myne which she used at her last Lyeng in of her young sonne John Baker
And I doe will and bequeath unto her sayd sonne John Baker my Godsonne, an hundred pounds in money
And further I will and bequeath unto my Good sonne in Lawe Sir Henry Baker, Knight two of my best Coach–horses and my best Coach with their
furniture.
And I doe will and bequeath to Joane Miller Twenty poundes in money
And to Raphe Morley Twenty pounds in money
And Lastly for the disposition of all my Mannors, Lordshippes, Landes, Tenements and my Hereditaments I doe in all humilitie, humbly
intreate the Kinges most excellent Maiestie That he wilbe pleased to accept of one Third part of my foresayd Landes to descend unto my
Sonne for his Wardship
And the other two partes I doe will give and bequeath all the rents, proffitts and Commodities arysing growing or comming of the foresayd
two partes untill my Sonne shall accomplish the age of One and Twentie yeares, unto my Executors hereafter named for the better payment of
my Debts and performance of this my Will and last Testament, and for the further advancement of my Daughters portions.
And yf my sonne dye before he come to the age of One and Twenty yeares And no yssue of his body lawfully begotten (which, God forbid) yet my Meaning is And I will my Executors shall receive all the sayd rentes as well of my Leases as the foresayd Two partes of all my Landes untill the tyme he should have accomplished (his age) of One and Twenty yeares yf he had lived.
And then my Debts and legacies and my will performed and my Executors allowing themselves all their charges and expences, which they have beene at for the executing this my Will Then I will the Overplus of all such money as shall remayne for Nyne partes thereof to be devided into three partes equally to be devyded to my Sonne and my two Daughters yf they be all then lyving And yf any of them shall then be dead, Then those that are then lyving at that tyme to have the foresayd Nine partes
Nevertheles my meaning is, and I will That yf any of my Children that then shalbe dead and leave a Childe or Children of their bodyes
Lawfully begotten, That those children to have their parents part that they should have had yf they had lyved untill that tyme:
And the other Tenth part that shall remayne I doe will and bequeath to my Executors to be equally devyded amongst them for their travell
and paynes which I hope by their care amount unto a good Somme:
And Then I will the sayd two partes of all my Lands and likewise all my Leases shall come and remayne unto my Sonne and to the heires Males
of his body lawfully begotten:
And yf he dye without heires Males of his body lawfully begotten Then I will my Mannors of Oastenhanger al[ia]s Westenhanger And my
Mannors of Postling, Otterpoole and Ashford and Est Stone and all other my landes lyeing in the parishes of Postling, Saltwood,
Lyme, Westenhanger, Stanford, Sellenge and Ashford shall come and remayne unto my loving brother Sir Thomas Smyth of Bytburrow in the
Countie of Kent, Knight, during his naturall lief
And after his decease Then I will all the last recited Mannors and landes shall come and remayne to John Smyth the eldest sonne of my
brother Sir Thomas Smyth, and unto the heires males of his body lawfully begotten
And for want of heires Males of his body lawfully begotten Then to come Thomas Smyth the second sonne of my brother Sir Thomas Smyth,
and unto the heires males of his body lawfully begotten
And for want of heires males of his body lawfully begotten, Then I will they shall come and remayne unto my loving brother Sir Richard
Smith of Bromley in the countie of Kent, Knight and to the heyres Males of his body lawfully begotten
Then to come unto John Smyth the sonne of my brother Sir Richard Smith, and the heires Males of his body lawfully begotten
And for want of heyres males of his body lawfully begotten Then I will the sayd landes shall come and remayne to Tho: Smyth, the eldest
sonne of my Brother Henry Smith of Amsberry in the Countie of Wilts[hire] Esqior Deceassed and to the heyres Males of his body lawfully
begotten
And for want of heyres Males of his body lawfully begotten, Then to Henry Smyth the second Sonne of my brother Henry deceassed and to
the heires males of his body lawfully begotten
And for want of heyres Males of his body lawfully begotten, Then to come unto Edward the third Sonne of my brother Henry, deceassed
and to the heires males of his body lawfully begotten
And for want of heyres Males of his body lawfully begotten, Then I will they shall come and remayne unto John Smith Sonne of my brother
Robert Smith of Langporte neere Canterbury, Deceassed, and to the heires males of his body lawfully begotten
And for want of heyres Males of his body lawfully begotten, Then I will they shall come and remayne to my next heires for ever
And yf my sayd Sonne should dye without yssue male of his body lawfully begotten and yet shall leave a Daughter or Daughters of his body
lawfully begotten, Then I will the sayd Daughter or Daughters shall have all the land (as of right is due unto them which came to me by
my wief which lately was the Lande of John Fynneox of Herne in the Countie of Kent Deceassed, which was the Father of my late wief
Elizabeth being his only Daughter and heyre
And for their further advancement I will give and bequeath the Mannors and Lordship of Whitstable unto the sayd Daughter or Daughters
which my Sonne shall leave having no yssue male, To Remayne to her or them and to the heires of their bodyes for ever
And I do further bequeath unto the sayd Daughter or Daughters of my sayd Sonne, he having no yssue male, my Lease of the
Parsonage of Hearne And my Lease called Ware and Collesmans
And Lastly, my sayd Sonne dyeing without yssue male of his body lawfully begotten and having provyded so well for his Daughters, yf he leave any, I will give and bequeath unto my Two Daughters Katherine the wief of Sir Henry Baker, Knight and Elizabeth my yongest Daughter my Mannors of Sturrey and Lyd Court neere Sandwich And also all my Marshes and Landes in Eyreth Leassnes and Plumsted and my landes at Groves ferry and my House at Feversham w[i]th the land thereunto belonging And to the heyres of their body lawfully begotten And for want of such heyres of their body lawfully begotten Then to come and remayne to my next heyres for ever
And I doe further will and bequeath unto my sayd two Daughters Katherine and Elizabeth (my Sonne dyeing without yssue male) my Leases of
Thornden and Monckton, which I hould of the Church of Canterbury And also my lease of the Parsonage of Lyme, which I hould of
Mr. Archdeacon of Canterbury
And I am persuaded that I may lawfully give the sayd Landes late recyted to my Daughters because they were ether given to me and my heyres
or otherwise they have cost me the recovering of them from Inundations? and sutes in lawe as much as would have purchased so much land
And fynally I will and bequeath to the poore of the parish of Asshford in Kent fortie pound in money to be distributed amongst the poore there And twenty pounds to the poor of Hearne And twenty pounds to the poore of Sturrey And fyve pounds to the poore of the parish of Standford And fyve pounds to the poore of Postling; And Tenne pounds to the parish (of) Gabriell Fanchurch to be distributed to the poore of the sayd parishes accordingly
And I doe constitute and appoynt my brother Sir John Scott, Knight And my brother Sir Richard Smith, Knight And my good freind Christoher Tolderbie, Esquire Executors of this my last will and testament
In Wytnes whereof to this my last will and Testament I the sayd John Smyth have putt my seale, and to every sheete thereof in the whole
contayning Nine, have subscribed my name the sayd Sixteenth day of March in the sayd fyft yeare above written
John Smith
This will was published and declared by Sir John Smyth, Knight, the Seaven and twentieth day of November A Thowsand Six hundred and eight to
be his last will and Testament in the presence of:
Ric. Smith; Richard Smyth; Davy Usher; John Dent; Henry Smith; William Mantle
Probatum fuit: 25th May 1609
Note: Sir John Smyth, Knight and Lord of the Manor of Ashford was buried in the church of St. Mary the Virgin, Ashford on 12th January 1608/09.
Transcribed by Mrs. Shelagh Mason, 9th December 2021
Return to Kent GenealogyWill of Sir John Smyth