Tewkesbury

This document describes the descendants of Richard Smithsend who form the main line of the Smithsend family in Tewkesbury and Walton Cardiff from about 1540 to 1750 when Nicholas Smithsend inherited the estate from his father.

Richard was the son of William and Eleanor and the grandson of John Smithsend who is the earliest confirmed link in the family history of the Smithsends. Richard and Joan had several children.

William Smithsend (c.1547-1567). The eldest son of Richard and Joan. He is mentioned in the will of William Hawling of Tewkesbury of 1545. Item. I be queth to Wylliam Smythsend my godsun a cow calfe of a yere old. His father Richard was a friend or colleague of William Hawling and Executor of his will.

William was left several properties in Tewkesbury by his father in his will of 1566 and the will implies that William is over 20 at that date. William himself died only a year later and his will was proved in December 1567. In his will he describes himself as a husbandman of Walton Cardiff. He left everything to his brothers Nicholas and Thomas and this was mainly the properties that he had been left by his father the year before. William did not marry and had no children. His brother Nicholas was the executor of the will.[1]

In the name of God Amen the seventh daye of December yn the yere of our Lord a thousand Fyve hundred three skore & syxe. I William Smethesend of Walton Cardiffe yn ye parishe of Tewkesburye & countie of Gloucester husbandman being sicke in bodie but God be praised of good & perfect Remembrance do ordeyne & make my last wyll & testament yn formee & maner folowing.

Firste I geve & bequethe my soule to unto almyghte God my maker & Redemeer & my bodye to be buried in the parishe churcheyarde of Tewkesburye aforesayd.

Item. I geve & bequethe unto Nicholas Smethesend my brother All that mye messuage or halfe burgage & garden thereunto adioyning with all & syngular theire appurtenances set lying & being yn Tewkesburye aforesayd in a strete there comonly called the Barton strete & nowe un the tenure of occupation of one Thomas Torner & betwene a messauge or tenement nowe in the tenure of one Thomas Hill on the este parte & the land comonly called the Rede ground on the west parte and shoteth itselfe in lengthe from the said strete on the further parte into the feilde called Oldburye on the hynder parte. To have & to holde to hym & to his haires for ever of the chiffe lords of the Fee therof by service from theire dewe of Righte accustomed.

Item. I geve unto hym the said Nicholas all my tacke & implementes that my father did geve me by his last will & testament after the deceasse or marriage of my mother in law

Item. I geve & bequethe unto Thomas Smethsend my brother all that my messuage of half burgage & garden thereunto adioyning set lying & being yn Tewkesburye aforesaid yn the said countie of Gloucester in a strete there comonly called the Barton strete betwene the lande that leadethe yn to the feilde called the Oldbury on the est parte & a messuage of the heires of one Gyles Geast on the west parte & nowe in the occupacon of the foresaid Thomas Hill. To have & to hold to hym & his heyres for ever of right of the chiffe lordes of the Fee therof by service from theire dewe & of right accustomed. I do geve to the same Thomas my maser.

The resydewe of my goodes I do geve unto Nicholas my brother aforesaid & hym I do make my whole Executor of this my last will & Testament. These witnesses Nicholas Crondale clerke. Thomas Wilkynson & Richard Greg.

Nicholas Smithsend (c.1547-1614). The son of Richard and Joan.[2] Several documents record leases of land to Nicholas Smithsend in 1567 and 1572.[3]

1567 - Thomas Wye leases land to Nicholas Smithsend of Walton Cardiff, husbandman son of Richard Smithsend, deceased, and Thomas Smithsend

Indenture dated 8th of September 1567. Between Gyles Reed, Esq. and Nicholas Smithsend the son of Richard Smithsend late of Walton Cardiff. Nicholas becomes the under tenant of Gyles Reed for 'one messuage and seventeen acres of land and three acres of meadow with th'appurtenances in Walton field of the Manor of Walton'. Signed by Gyles Reed and Nicholas Smithsend.

Indenture dated 22nd September 1572 between William Thornbury, gent, and Nicholas Smithsend of Walton Cardiff. Nicholas receives a messuage, lands, pasture and meadow (Turlemead and Lechmere).

By 1577 Nicholas had been left property by his father, his elder brother William, and his mother Joan. This perhaps explains how he was able to buy the Manor of Walton Cardiff in the same year.

Walton Cardiff was split into two quite small Manors (a quarter Knight's fee); one originally owned by Tewkesbury Abbey and the other the one bought by Nicholas. Both manors were sometimes referred to as the 'Manor of Walton Cardiff'.

In 1577 a court roll records that John Berrow conveys to Nicholas Smithsend all his lands in Walton and a licence for this was granted later in the year by letters patent from Elizabeth I.[4]

Translation of letters patent between John Berrow & Nicholas Smythsend 20 Eliz. (1577)

Elizabeth by the Grace of God Queen [ --- ] to all and to whom this presents may come - Greetings. Know ye that by our special Grace [ --- ] 16 shillings and eightpence have so far as in us lies by these presents granted licence to our beloved John Berrowe such that he may alienate 2 messuages and 2 other? buildings [ --- ] thereto lying in Walton Cardiff together with, [ --- ] houses, orchards, [ --- ] now or later? in the occupation of Nicholas Smithsend - and all other land, tenements, meadowes, and other heriditaments whatsoever of the said John Berrow in Walton Cardiff, Fiddington, Tredington, and Northway now or later in the occupation of Nicholas Smithsend which were held [ --- ]. To give and alienate or [ --- ] in our court or in any other way at his will to the said Nicholas Smithsend aforesaid to have and to hold to the said Nicholas his heirs to hold? of us and our heirs and by the usual services thereunto forever. And to the said Nicholas (and give [ --- ]) to receive and hold the same - and we will that the said John and his heirs and the said Nicholas and his heirs shall not be hindered or molested by us or our heirs or by any of our escheators? or any other official ministers of ours whatsoever, forever.

In testimony whereof we have caused these letters patent to be drawn witness our self at Westminster on the first day of May in the 20th year of our reign.

The sale was delayed for a year because of legal dispute about who had rights to the Manor; it looks as though John Gunter an earlier Lord of the manor had sold his rights to two different people; Thomas Berrow (John's father) and a Charles Willoughby. The title was proved in favour of John Berrow and he then completed the sale to Nicholas Smithsend and Nicholas became Lord of the Manor of Walton Cardiff. An amazing change of fortunes for the Smithin family because only fifty years before his grandfather William had been a serf on the same estate.

Nicholas became a freeman of Tewkesbury in 1577 and was also a High Constable of Tewkesbury between 1577 and 1583 and is mentioned in the churchwardens' accounts for Tewkesbury Abbey.[5]

1576/77 - to Nicholas Smethine high constable for the discharge of the parishe for the castelle for which we have an acquittance vid. 17s 4d.

1576/77 - to Nicholas Smythend for the discharge of the towne and parishe for the castell. 17s 4d.

The High Constable was the official of the hundred to whom petty constables for each parish reported. He acted as an assistant to the Lord Lieutenant of the County and was also responsible for organising military musters.

Castle money appears to have been paid by the Chuchwardens quite frequenly but it is not clear what it was for. The Norman castle known as Holme Castle had long since been destroyed.

In 1558 the will of Giles Geast a former Bayliff of Tewkesbury set up a charity for the poor of the town. This was administered by the town officials and in 1575 Nicholas signed the accounts as Bayliff and in 1576 as 'Sargent at Mace' and possibly as a witness in 1580.[6]

A Nicholas Smyzzen is listed in a survey of men at arms in Gloucestershire in 1608 as a trained soldier about 40. This is probably Nicholas' son Nicholas (b.1570) as Nicholas himself would have been over 60.[7]

An indenture of 1578 between Nicholas Smithsend, Yeoman of Fiddington and Thomas Smithsend, cordwainer of Tewkesbury (Nicholas' brother) transfers some land and property in Walton Cardiff to a John Stratford and Francis Woodward.

One messuage and garden (one half burgage) in Oldbury Street, Tewkesbury, tenenment of Thomas Frebancke on South; tenement of Thomas Hylley on North; street in front; Oldbury field behind.

Witnesses: Thomas Rayer, Richard Lightfoot, Richard Stevens, William Newman, Stephen Skynner.

In the name of God Amen the twentieth day of Marche Anno domini 1614. I Nicholas Smithsend of Walton Cardiffe in the parishe of Tewxbury and in the Count. of Gloucester beinge sick in body, god be praised of good and perfect remembrance, do ordayne and make this my last will and testament in manner and forme followinge. First I bequeath my soule unto almighty god my maker and redeemer and my body to be buried in Christian buriall . Item. I give to the poore of the parishe twenty shillings. Item the reparaction of the church ten shillings. Item to the repayringe of the stepstones in Walton ten shillings. Item. I give and bequeath unto Thomas Smithsend my sonne �60 upon a bond due at Michell the archangel next ensuing with the bond and all profyte and damages thereof also I give and bequeath unto the said Thomas �10 which Thomas Edwards Harry Edwards and John Edwards owed to be paid the second day of February called Candlemas Day. Item. I give to Jane (Joan?) �14? which John Jaynes of Fyddington oweth unpaid of a bond of Fifty poundes upon reeipt thereof to deliver the said bond The residue of all my goods moveable and unmoveable my debts paied and my funerall expenses discharged I give and bequeath unto Jane my wife whome I do make my whole executrix of this my will and testament. And I do make my loving friends Thomas Edwards and Harry (Henry?) Mason my overseers of this my will and I do give to every of them for their panes thereon to be taken 25s. 4d a peece. Witness my sele the day and yeare above wrytten. Nicholas Smithsend the elder.

Henry Mason was the husband of Nicholas' daughter, Elinor. Thomas Edwards is mentioned in the Tewkesbury churchwardens accounts in the period 1580-1583 and a Harry Edwards is also mentioned in the period 1615-1618.

Nicholas's wife was Joan (c.1550-1620) and they were married in about 1574 and had several children. Joan is mentioned on a Lease concerning land in Walton Cardiff, Fiddington, Tredington, Northway, and Tewkesbury, between Nicholas Smithsend the elder of Walton Cardiff Yeoman his eldest son Nicholas Smithsend the younger and his younger son Thomas Smithsend. It also mentions Elizabeth the wife of Nicholas Smithsend the younger so this must be after 1613 when they married. The witnesses were Henry Mason and George Whitledge. Henry Mason was Joan's son in law.[10]

Joan made a will on the 20th May 1620 and must have died soon after that as probate was granted on the 8th July 1620. At the time of her will Joan was a widow with four surviving children and several grandchildren. It looks from the will as though she was quite well off and she left many bequests to various family members and servants. Nicholas Smithsend, her son, was one of the witnesses. After several legacies to children and grandchildren the residue of her estate goes to Thomas her son. The bulk of the estate had presumably already passed to Nicholas the eldest son at his father's death in 1614.[11]

The children mentioned are Nicholas, Thomas, Elizabeth and Elinor. There may have also been Richard and Alice who had both died by 1620. The grandchildren mentioned are Thomas and Elizabeth (children of Nicholas) and Thomas and Anne (children of Thomas).

In the name of God Amen the Fower and twentieth date of Maye Anno domini 1620 and in the yeares of the reigne of our soveraigne Lord James by the grace of god of England Scotland Frannce and Ireland kinge defender of the faith &c. that is to saie of England Frannce and Ireland the eighteenth and of Scotland the Three & Fiftieth.

I Johan Smithsend of Tewkesburie in the Countie of Gloucester widdow being in good and perfect remembrance all laud and praise be geven to the lord therefore, doe Ordaine and make this my last Will and Testament in maner & forme following.

That is, to saie, First and principally I yeld and Comend my soule to Almightie god my Creator and maker and to Jesus Christ my saviour and redeemer and my body to be buried in the parish Church or Churchyard of Tewkesburie aforesaid.

Item. I do geve unto the poore of the Towne and parish of Tewkesburie aforsaid XXs of lawful money of England to be distributed at the descrecon of my Overseers.

Item I doe geve unto Elizabeth Hampton my daughter Fortie shillings of lawfull English money to be paid unto her within Two yeares and halfe next after my deceasse.

Item. I do geve more to the said Elizabeth Hampton my daughter my best gowne my best hat my Taffety Apron and my best lawne Ruffe.

Item. I doe geve and bequeath unto Elinor Mason my daughter Fower pounds of lawfull money of England to be paid unto her within two yeares & halfe after my deceasse.

Item I doe geve more to the said Elinor Mason my daughter my best petticote my best smock petticote and my second best Ruffe.

Item. I doe geve and bequeath unto George Whitledge my Godsonne �VJ XIIJs IVd of lawfull English money the which my will is shalbe employed to the use of the said George Whitledge by my two sonnes Nicholas Smithsend & Thomas Smithsend at or before the end and expiracon of Two yeares & halfe nexte after my decease, And the same soe employed with the benefit & profitt that shall arise therof my said Two sonnes Nicholas & Thomas Smithsend shall paie unto the said Georg Whitledge when he shall accomplish the age of XXJtie yeares. And yf it happen that the said Georg Whitledge doe deceasse before he doe accomplish the age of XXJtie yeares then my will is that the money to him before geven being employed as aforsaid, shall remaine & come to Thomas Smithsend and Elizabeth Smithsend the Children of my said sonne Nicholas and unto Thomas Smithsend & Anne Smithsend the Children of my said sonne Thomas equally to be divided amongst them.

Item. I doe geve unto Nicholas Smithsend my Godsonne XXs. I doe geve unto Johan Beale my Goddaughter Vs.

Item. I doe geve unto Elinor Hampton the daughter of my said daughter Elizabeth my Sundays petticote. Item. I doe geve unto Alice Smithsend of Walton Cardiff Widdow my Sundays gowne.

Item. I doe geve unto Johan Smithsend my Goddaughter One smocke and one Ruffe of Scottish Cloth.

Item. I doe geve unto Johan Wood the servant of my said sonne Thomas one smocke one Canvas Apron and one kerchiefe.

The Rest of all my goodes moveable and unmoveable Catells and Chatells not before geven and bequeathed my debtes being payed and my funerall expences discharged I doe geve and bequeath to my said sonne Thomas Smithsend whom I do ordaine & make my whole & sole Executor of this my last will & Testament,

Lastly I doe desire Henry Mason my sonne in law and my said sonne Nicholas to be my Overseers to see this my last will and Testament performed and for their paines I doe geve unto them IJs a peece.

In Witness wherof I the said Johan Smithsend have to this my last will & Testament put my hand & seale. Geven the date and yeare first above written

Witnesses unto this last will and Testament, Nicholas Smithsend, Georg Alcock Scriptor

Joan mentions godsons Nicholas Smithsend and George Whitledge and makes quite extensive provisions for George which suggests that his father (also George Whitledge) may have died by 1620. These were her great nephews - the children of her brother-in-law Thomas Smythsend.

Joan Smithsend (c.1550). Possibly the daughter of Richard and Joan. She married John Cross at Tewkesbury on the 24th February 1575.[12]

Thomas Smithsend (c.1548). The youngest son of Richard and Joan. He was under 20 in 1566 when his father died. Both his father and his elder brother William left him properties and land in Tewkesbury. The properties in Barton street had a tenant in 1566/7, when he received them, but by 1608 a Thomas Smethen is living in Barton street and is described as 'a labourer aged about 40'.[13]

Thomas was apprenticed as a shoemaker or leather worker to John Barebon in Tewkesbury in 1576. This is probably the John Barebon who was married to his Aunt. Thomas appears as a witness on a court roll of 1577 involving John Berrow and Thomas' brother Nicholas.[14]

Thomas also appears on an indenture of 1578 with his brother Nicholas transfering land to a John Stratford and Francis Woodward. [15]

This Indenture made this 21st Day of January in the 21st year the Reygne of our Sovereign Lady Elizabeth by the grace of God Queene of England, France and Ireland, Defender of the Faith.

Between Nicholas Smythsend of Fiddington in the County of Gloucester Yeoman and Thomas Smythsend of Tewkesbury in the said County Cordwayner of the first part and John Stratford of Farmecote in the said County of Gloucester Esquire and Francis Woodward of Lyddgate in the said County Yeoman of the other part.

Witnesseth that the said Nicholas Smythsende and Thomas Smythsend for deeds and sundry good causes and considerations [ ] thereunto moving have granted yielded up and surrendered by there part do grant yield up and surrender unto the said John Stratford and Francis Woodward all their right by the interest estate possession and demand whatsoever of and in two akers of arrable land with th'appurtenances sett lying and being in the felde of Walton Cardiff in the said County of Gloucs. To have and to hold the said premises to the said John Stratford and Francis Woodward their heirs and assigns forever.

Provided always that and upon consideration that if the said John Stratford and Francis Woodward their Executors or assigns or some of them do not content and pay or cause to be contented and payed unto the said Nicholas Smythsend and Thomas Smythsend to either of them their Executors or assigns or to any of them the sum of one hundred pounds of lawful money of England and upon the first day of June after the date of these [ --- ]. That then and from thenceforth this [ --- ] granted yielded up and surrendered shall be utterley frustrate and voyd and shall be from thenceforth taken accepted and completed as nothing in such manner and forme as if the same had never been hadd nor made there parts or anything in the same conveyed to the contrary thereor in any wise notwithstanding.

In Witness whereof to these parts the said [parties] have inchangeably put their seales given the day and year first above witnessed.

Thomas married Alice and they had three children Nicholas (c.1572-1615), Alice (b.1576), and William (b.1578).[16]

Nicholas married Alice Smyth at Ashchurch in 1592. He made a will on 9th July 1615 in this he mentions two sons William (b.1596) and Nicholas (b.1599) and a daughter Joan (b.1605). The overseers of the will were Nicholas Smithsend Thomas Smithsend, Henrie Edwards and Richard Marten. There was possibly a third son Robert (b.1601).[17]

Alice is the 'Alice Smithsend widow' mentioned in Joan's will of 1620. Joan is probably the Joan Smissens who married Thomas Woorde in Tewkesbury on the 17th December 1626. Nicholas (b.1599) was mentioned in his grandmother's will: 'I doe geve unto Nicholas Smithsend my Godsonne XXs'

Alice (b.1576) married George Whitledge in 1605 and their son was George Whitledge (c.1606) who is mentioned in his grandmother's will of 1620: 'Item. I doe geve and bequeath unto George Whitledge my Godsonne �VJ XIIJs IVd of lawfull English money'. George Whitledge senior, a tanner, appears on several documents and bonds with Joan's husband Nicholas Smithsend in the period 1611-1613 so they may have been friends. Both George Whitledge senior and junior appear in the Tewkesbury Churchwardens account in the period 1615-1624.

Bridget Smithsend (c.1550). The daughter of Richard and Joan. Her father left her twenty pounds in ready money and several household items in his will.

Item. I geve & bequethe unto Bridget my dawghter yn redy money �XX a fetherbed with all hys appurtenances a bras pan that I boughte of Anne Comley. Two bras pots harfe a dosen peeces of pewter. IIJ pare of shets half a dosen of napkyns a meteclothe. Two candlestickes & a latyn bason & a broche.

Elizabeth Smithsend (c.1550). The daughter of Richard and Joan. She is mentioned in both her father's will and that of her brother William. She marrried John Clark at Tewkesbury in 1578. A document of 1578 mentions the marriage settlement of John son of Robert Clarke of Pamington and Elizabeth daughter of Richard Smithsend of Walton Cardiff. It included 4 acres of arable land at Homedowns. A John Clarke and his wife are mentioned in the Tewkesbury churchwardens' accouunts in the period 1584-1585.[18]

Of John Clarke for his owne roome and his wyves in the hie seate at the south side of the churche below the pulipitt, 20d

Nicholas and Joan had six children and the main line continues through the eldest son Nicholas. We don't know much about the other children.

Nicholas Smithsend (c.1575-1627). The son of Nicholas and Joan. He is mentioned on a lease involving the exchange of lands with his father and brother Thomas in about 1611. Nicholas is also listed on a warrant to the Constable of Walton Cardiff for the collection of some taxes in 1604 and he appears on the subsidy roll for Walton Cardiff of 1620/21 assessed for tax at �2 5s 4d.[19]

Nicholas also appears on a document involving the exchange of lands, dated 1611, between Gyles Reede, Nicholas Smithsend, Thomas Edwards, Richard Hirll, and John Jeynes.

Nicholas married Elizabeth Greeves (c.1575-1643) in 1613. Her father was John Greeves of Fiddington, a yeoman, who was apparently quite wealthy as he provided a dowry of �260 for the marriage. She is mentioned on a lease in about 1613 as the wife of Nicholas Smithsend.

A Nicholas Smithsend was involved in a case for defamation against a William Hitches, at a church consistory court, at Tewkesbury in 1625. William Hitches was a Bailiff of Tewkesbury in 1609.[20]

(1) Charles Thornberrie (son and heir of William Thornbury of Tewkesbury deceased)

Tithes of Hay out of Lachmoore als Lachemere and Tull-Meadow als. Tirle meadow in Tewkesbury.

Nicholas made a will on the 16th May 1624. This leaves all his estate to his son Nicholas and to his wife Elizabeth with gifts of money to the other children. The children mentioned in the will are: Nicholas, Thomas, John, Elizabeth, Joseph and Richard. The overseers were Thomas Smithin his brother, John Roberts his brother in law, and William Rayer his brother in law (husands of his wife's sisters?).[22]

In the name of God Amen. I Nicholas Smithsend of Walton Cardiff in the county of Gloucester being sick in body but God be praised of good and perfect memory do ordain and make my last Will and testament this XV1th day of May Anno Dom. 1624 in manner and form following:-

First I do give and bequeath my soul unto Almighty God my maker and redeemer and my body to be buried.

Item. I do give and bequeath unto the poor of Tewkesbury XXs and to the poor of Walton XXs to be distributed after my decease by the discretion of my overseers to those that are householders and are not able to relieve their families and not unto common wanderers that are professed beggars.

Item. I do give and bequeath to Thomas Smithsend my son and John Smithsend my son and Elizabeth my daughter Richard and Joseph my sons One hundred and twenty pounds equally to be divided amongst them to be paid when they shall attain the full age of XX1 years.

Any my will is that if Thomas my son or John my son or Elizabeth my daughter or Richard my son or Joseph or any one of them or more do happen to die before he she or they shall obtain such age that the one of them or more of their portions shall remain unto her or they that shall by living equally to be divided.

Item. I do give and bequeath unto Thomas Smithsend John Smithsend Elizabeth Smithsend Richard Smithsend and Joseph Smithsend my sons for raising of portions for my aforesaid children all the lands which I hold by lease unto me my executors administrators and assigns for many number of years yet to come lying and being in Walton Cardiff or elsewhere now in my occupation or my assigns. All such lands meadows and pastures are known where they lie by certain deeds of exchange made by Gyles Reade Esquire and others to Nicholas Smithsend my father. To have and to hold unto my aforesaid children until my son Nicholas shall attain the full age of Twenty and one years equally to be divided amongst them.

Also my will is that Nicholas my son shall happen to die before he shall attain the full age of twenty and one years that then my son Thomas shall have no benefit by this gift which is in lands or leases bequeathed unto him and others of my aforesaid children.

And also my will is that if Thomas my son shall happen to die before he shall attain the full age of Twenty and one years that then John my son and Elizabeth my daughter or Richard or Joseph or any or all of them that shall then be living shall hold all those messuages tenements lands meadowes and pastures tithes and commons and leases until my son Thomas shall attaine the full age of twenty and one years and that my son Thomas shall have no benefit by this gift which is in lands meadows and pastures and leases bequeathed unto him and others.

Also my will is that if Thomas my sonne shall happen to die before he shall attain the full age of Twenty and one years that then my son John shall have no benefit by this gift which is in lands and leases bequeathed unto him and other of my aforesaid children.

Also my will is that if I have any more child or children by Elizabeth my wife that then his hers or theirs portion shall be equally out of the lands meadowes or pastures leases or in money bequeathed to my aforesaid children.

Item. I do give and bequeath unto Nicholas my son the one half of all my lands meadows and pastures tithes and commons with all houses buildings edifices orchards gardens and backsides after my decease and when he shall attain the full age of twenty and one years for and during his natural life and after his decease to the issue male of his body lawfully to be begotten for ever.

And I do also after the decease of Elizabeth my wife bequeath the other half of all may lands meadows and pastures tithes and commons with all houses buildings edifices orchards gardens and backsides with all their appurtenances unto Nicholas Smithsend my son during the time of his natural life and after his decease unto the issue male of his body to be begotten for ever.

And for default of such issue unto my son Thomas Smithsend for and during the time of his natural life and after his decease unto the issue male of his body lawfully to be begotten for ever. And for default of such issue unto John Smithsend my son for and during the time of his natural life and after his decease unto the issue male of my body to be begotten of Elizabeth my wife for ever. And for default of such issue unto the issue male of my body to be begotten of any other woman lawfully for ever. And for default of such issue unto the heirs female of the body of my son Thomas lawfully to be begotten for ever. And for default of such issue unto the issue female of the body of my son John lawfully to be begotten for ever. And for default of such issue unto my son Nicholas Smithsend my son and his heirs for ever.

Item. I do give and bequeath unto Nicholas Smithsend my son all my lands meadows and pastures what I have in exchange and hold by lease for many number of years yet to come to my executors and assigns so long as I have issue male of my body lawfully begotten or to be begotten. I do bequeath them all unto Nicholas my son after my decease and when he shall attain the full age of twenty and one years during the time of his natural life. And afterwards his executors and assigns if be have issue male of his body lawfully begotten.

Excepting one lease made to John Ferrers and John Geynes to the use of Elizabeth my wife in lieu of her jointure. And for default of such issue male of Nicholas my son unto Thomas my son after my decease and when he shall attain the full age of twenty and one years for and during the time of his natural life and afterwards to his executors and assigns if he have issue male of his body lawfully begotten. And for default of such issue unto my son John for and during his natural life and after my decease when he shall attain the full age of twenty and one years and afterwards to his exectutors and assigns if he have issue male of the body lawfully begotten.

And for all the remainder of Goods Chattels and Cattles unbequeathed my debts and legacies being paid and funeral expenses being discharged I do give and bequeath unto Elizabeth my wife whom I do make my whole executrix of this my last will and testament.

And my will is that Thomas Smithsend my brother and John Roberts my brother in law and William Rayer my brother in law my beloved friends whom I do trust I do make my overseers of this my last will and testament that they and either of them do get and let those leases and employ the stock and benefit thereof unto the only use and behoofe of my youngest child or children equally to be divided when they or either of them shall attain the full age of twenty and one years.

And my will is fater that those my overseers shall take bonds of my executrix for the payment of �120 when my child or children shall attain the full age of twenty and one years and that those bonds be taken within one month after my decease and for their pains therein to be taken I do give them [ --- ] a piece.

In the period 1626 to 1627 Nicholas appeared as a juror at several Inquisition Post Mortems. These were inquiries held whenever a tenant in chief died. A tenant in chief held their estates directly from the Crown and on their death the estate was temporarily held by a local official called an Escheator who summoned several local inhabitants to testify to the value, services and title of the estate of the deceased. The estate usually passed to the heir. Nicholas appeared as a juror at the following inquisitiones in Tewkesbury.[23]

At the Inquisitions on the 1st of March the juror is recorded as 'Nicholas Smith snr' but this probably a mistake for Nicholas Smithsend.

Nicholas died on Christmas day 1627 and was buried in Tewkesbury Abbey where there is a flat stone memorial in one of the aisles inside the church.

An Inquisition Post Mortem was held after his death in April 1628. Here is the Escheator's report.[24]

Inquisition taken at Tewkesbury, 9th April 4 Charles I [1628] before Richard Guy, esq., escheator, after the death of Nicholas Smithsend, late of Walton Cardiff, yeoman, by the oath of Thomas Mayd, Thomas Ward, gentleman, Thomas Surman, Charles Cartwright, Charles Bick, William Haynes, John Purse, John Jurden, John Edwarde, Henry Edwardes, Thomas Yend, Henry Hatton, John Fynch, Richard Olliffe, and Thomas Rayer, who say that: Nicholas Smithsend, senior, father of the said Nicholas Smithsend, was seised of one messuage with appurtenances in which he was then living, situate in Walton Cardiff, and 3 virgates of land to the said messuage belonging, lying in Walton Cardiff, Fiddington Tredington, Northway, and Tewkesbury, with all houses, buildings, orchards, meadows, woods, tithes etc., to the same belonging. So seised, the said Nicholas Smithsend senior, by indenture dated 4th May, II James I [1613] and made between himself of the one part, and John Greeves of Fiddington, yeoman, and John Ferrers of Fiddington, gentleman, of the other part, in consideration of a marriage to be had between the said Nicholas Smithsend junior, and Elizabeth Greeves, eldest daughter of the said John Greeves, and in consideration of the sum of �260 paid by the said John Greeves for the marriage portion of the said Elizabeth, and, in lieu of her dower granted to the said John Greeves and John Ferrers the moiety of the said premises to hold them immediately after the death of Nicholas Smithsend junior for 80 years (if the said Elizabeth so long should live) upon trust, to permit the said Elizabeth to enjoy the premises during her life, and to take the issues and profits of the same, paying thereof yearly to the said Nicholas Smithsend one penny at Michaelmas if demanded. By virtue whereof the said John Greeves and John Ferrers were possessed of the said term.

Nicholas Smithsend, senior, by indenture dated 7th May, II James I [1613], made between himself of the one part, and Thomas Edwardes of Walton Cardiff, yeoman, and George Whitledge of Tewkesbury, tanner, of the other part, in consideration of the marriage abovesaid, and of the sum of �260 paid by the said John Greeves, and for other considerations, sold and granted to the said Thomas Edwards and George Whitledge all the premises aforesaid: to hold them to the uses following, to wit, as to one moiety of all the premises to the use of Nicholas Smythsend, senior, for life, and for the whole year next after his decease, and afterwards to the use of Nicholas Smithsend, junior, and his heirs male; for default, to the use of Thomas Smithsend, another son of the said Nicholas Smithsend, senior, and his heirs malel for default, sucessively to the use of the heirs of Nicholas Smithsend, junior, of the heirs of Nicholas Smythsend, senior, and of Nicholas Smythsend, junior, and his

Smithsend, junior, and his heirs by the said Elizabeth; for default to the use of the said

Ncholas Junior in tail male; for default, to the use of the said Thomas Smithsend and his heirs male; for default, sucessively to the use of the heirs of Nicholas Smithsend, junior, of Nicholas, senior, and of the heirs of Nicholas junior. By virtue whereof, and by force of the Statute of Uses, the said Nicholas, senior, and Nicholas, junior, were respectively seised of the premises.

On the 30th day of May, II James I [1613], at Walton Cardiff, the said Elizabeth married the said Nicholas Smythsend, junior. All the premises aforesaid are held of the King in chief by knight's service, but by what part of a knight's fee the jurors know not, and are worth per annum, clear 80s. Nicholas Smythsend, senior, died at Walton Cardiff, 22nd September 12 James I [1614], and Nicholas Smythsend, junior, died there 25th December last past; Nicholas Smythsend is his son and next heir, and at the time of his father's death was aged 12 years 6 months and 21 days.

A virgate was 30 acres of land scattered among the common field of the manor. Seized means legal possession with occupation. For Elizabeth there were also apparently several legal matters to deal with at her husband's death in 1627 as their son was a minor when he inherited as tenant-in-chief and Elizabeth must have been acting for him when she appears on a grant of Wards and Liveries on the 6th July 1628. Elizabeth agreed a Bond with a William Dalby of London, Merchant on the 20th July 1632.[25]

Elizabeth made a will in March shortly before she died on the 2nd April 1643 and she is buried in Tewkesbury Abbey with her husband.[26]

In the name of God Amen. XXVIIJ" daie of March Anno domini 1643 in the XIXth yeare of our soveraigne Lord Charles by the grace of God of England Scotland Frannce and Ireland Defender of the faith. I Elizabeth Smithsend of Tewkesburie in the Countie of Gloucester widow being weake in body but in good & perfect remembrance, all laud and praise be given to the Lord therefor, I doe ordaine and make this my last will and testament in manner & forme following that is to saie.

First, and principally I yeld & comend my soul to God my creator & maker and to Jesus Christ my saviour and redeemer by whose precious death merrits & passion I hope to be saved and my body to be buried in Chrisital buriall.

Item. I doe geve and bequeath all my free lands which I have situate lying and being in Homesdowne Alias Hamond Downe in the parish of Ashchurch in the County of Gloucester unto Nicholas Smithsend my sonne and to his heires executors and assignes for ever.

Item. I geve and bequeath unto Elizabeth Smithsend my daughter the full summe of two hundred poundes to be given unto her within one month next after my decease.

Item. I doe geve bequeath more unto the said Elizabeth Smithsend my daughter all my wearing apparell my best Fetherbed and my best two fether pillowes [ --- ] pillow sleeves on [ --- ] flock bed and one flock boulster my best coverlitt. One greene rugge my best [ --- ] curtanes tow paire of my best blankitts one dosen and halfe of my best table napkins my best [ --- ] table cloth one paire of sheetes laced thereon the middle two paire of my flaxen sheetes three paire of hempen sheetes my brewing kettle my biggest bras potte half a dosen of my best pewter dishes half a dozen [ --- ] one presse one chest one Trunk on save and one Faice cloth my warming pan one Carpit and half a dozen of my best quishons.

Item I doe geve & bequeath unto John Smythsend my sonne the full summe of one hundred pounds to be paid unto him at in or before the Third daye of Maye in the year of our Lord 1644.

Item. I doe geve & bequeath unto Richard Smithsend my sonne the full sume of one hundred and fiftie pounds to be paid unto him in manner and forme following that is to be paid Twentie pounds within one month next after my decease Fowerscore pounds more upon the first upon the first daie of November next ensuing the date hereof and fiftie pounds in and upon the Chrisday [ --- ] which shall be in the yeare of our Lord God 1644.

Item, my will & mind is that the Remaynder of all the [ --- ] not before geven and bequeathed shall be equally devided amongst my Three Sonnes Thomas Smithsend, John Smithsend and Richard Smithsend.

Item. I doe geve & bequeath to the poore XXs. The rest of my goodes cattels and chattels not before geven and bequeathed my debts being payd and my funerall expenses defrayed I doe geve and bequeath unto my said sonne Thomas Smithsend whome I doe ordaine & make my whole and sole Executor of this my last will and testament.

Lastlie I doe desire my beloved brother in lawe Robert my beloved kinsman John Edwardes and my said sonne Nicholas Smithsend to be my overseers of this my last will and testament. In wittness whereof I have hereunto put my hand and seate the said day above written.

Thomas Smithsend (c.1576-c.1628). Also spelt as Smissens. The son of Nicholas and Joan. His wife is possibly Anne Gynes and (if so) they were married at Ashchurch in 1617.[27] Thomas was the sole executor of his mother's will in 1620.

Thomas was mentioned as Thomas Smissens (son of Jone Smissens) in the Churchwardens' accounts of Tewkesbury Abbey in about 1615. He payed ten shillings for seat in a pew. A year or two later he appeared in the accounts again.[28]

Thomas was a party to a lease covering the exchange of land in about 1611 The other parties were his brother Nicholas and his father Nicholas. Thomas was listed as an overseer for the will of his brother Nicholas in 1624. A Thomas Smithsend signed the accounts for the Giles Geast charity at Tewkesbury in 1622 as a witness.

Thomas had a servant Joan Wood who was left a small bequest in his mother's will. Joan Wood herself died in 1624, a spinster, and mentions Thomas in her will.[29] Item. I doe give to Thomas Smithsend twenty shillings. (This might be a gift to Thomas' son who would be about six at this stage). I doe request Robert Canner and Thomas Smithsend to be overseers of this my will. Thomas Smithsend hath sixteene poundes in money which he oweth me.

A Robert Canner was mentioned in the Tewkesbury Churchwardens' accounts in 1607 and 1609; 'for the hawlinge to Robert Canner'.[30]

Thomas was a witness on a bond of the 20th July 1627 between Thomas Rayer and Nicholas Smithsend (probably Thomas' brother).[31]

Thomas was an overseer of the will of Thomas Greenwo[od] of Tewkesbury dated 30th May 1628.[32]

Lastlie I doe desire my beloved friends Thomas Smithsend yeoman and William Craft junior to be my Overseers of this my last will and testament to see it peformed and for their paines I doe give them three shillinges and fower pence a peece.

Thomas and Anne had three children, Thomas b.1618, Anne b.1619 and possibly Robert b.1623. Thomas and Anne were left bequests in their granmother's will of 1620. Anne was mentioned on a bond in 1676 with a Theophilus Holland where she was described as a spinster and was still living in Tewkesbury. Theophilus was probably a relation of her cousin Nicholas' wife Alice who was Alice Holland before she married.[33]

Robert (b.1623) married Elizabeth in about 1650 and they had a son John born in 1654. John died in 1681. Probate for his will was granted on the 24th September 1681.[34]

An Inventory of all and any of the Goods and Chattels and Debts of John Smithsend late of Tewkesbury in the County of Gloucestershire, batchelor deceased. Taken and appraised this twelfth day of September in the yere of our Lord God 1681 by Thomas Jeynes, Thomas ?Portlugg, John Jeynes as followeth viz:-

Thomas (1618-1664) had four children. Judith b.1636, Anne c.1637, Sarah c.1638 and possibly Mary born much later in 1653.Thomas made a will in 1662.[35]

In the Name of God Amen. I Thomas Smithsend [ --- ] of Tewkesbury in the County of Gloucester, Gent., Do [ --- ] and make my last will and testament in manner and form following.

Item. First I bequeath my Soule to Almighty God my maker and to Jesus Christ my Redeemer and to the Holy Ghost my Comforter. And my body to be buried in Christian funeral in some Church or Churchyard where my childern shall think fit. My desire is to by my wife let it be done attending to your instructions.

Item. I give and bequeath unto my three daughters Sarah Hyggson and Anne Honeywood and Judith Smythsend my house in Tewkesbury with all proffitts and advantages whatsoever for ever. My will is that Anne Honewood and Judith Smythsend shall give unto Sarah Hyggson five pounds in [ --- ] out of the estate and my funerall discharged equally by [ --- ] three.

I give and bequeath unto my three daughters aforementioned all my goods and Chattels whatsoever moveable and immoveable, for ever.

Item. I give and bequeath unto Nicholas Smithsend his wife one shilling to be paid after my decease.

And that my three daughters I do order and make my Excutrixes of this my last will and testament witnessed by my hand and Seale this last of April One thousand six hundred and sixty two.

Judith married Robert Willis on the 14th April 1665. Anne married a Mr Honeywood and Sarah married Richard Higginson.

Elizabeth Smithsend (b.1577). Also spelt Smethensen. The daughter of Nicholas and Joan. She was christened on the 4th February 1577. She married a Mr Hampton and they had at least one daughter Elinor. Elizabeth was left some money and household items in her mother's will of 1620.[36]

Elinor Smithsend (c.1578). The daughter of Nicholas and Joan. She married Henry Mason. Henry was an overseer of her mother's will.

There are two other possible children of Nicholas and Joan. These are Ric[hard] Smithsend (1576-1604) and Alice Smithsend (b.1583). Neither are mentioned in Joan's will of 1620.[37]

In this generation several Smithsends were prominent citizens of Tewkesbury and Walton Cardiff during the tubulent times of the Civil War.

Nicholas Smithsend (1614-1697). The son of Nicholas and Elizabeth. He was born on the 9th November 1614 and married Alice Holland of Bricklehampton (a village a few miles from Tewkesbury) on the 10th of June 1642. They had at least three children, Nicholas, Thomas, and Elizabeth.[38]

A grant of general livery was made was made between Richard Guy, Escheator, and Nicholas Smithsend son of Nicholas Smithsend of Walton Cardiff deceased, dated 6th September 1638.[39] There is an agreement between Nicholas, Francis Holland, and John Roberts dated the 10th October 1643.[40] Francis may be a relative of Nicholas' wife Alice and this may be a bond related to the marriage.

From about 1649 Nicholas was involved with the long running dispute between Tewkesbury and Walton Cardiff about whether Walton Cardiff was separate from Tewkesbury and whether Walton Cardiff residents were liable to the town taxes.[41] A Royal charter of 1610 had originally added Walton Cardiff to the town borough but local government had since been disrupted by the Civil War. In 1649 Nicholas acting as a Magistrate or Justice signed a legal paper which contained statements by those involved in the dispute who were not able to travel to London where an inquiry was underway. This may have been part of the general renegotiation of the town charter which began in 1649. The dispute was still going on in 1661. The Victoria County history says that:[42]

For 11 years without prejudice to legal action thereafter the inhabitants of Walton were to maintain their own poor and not pay rates to Tewkesbury and Fulk Read and Nicholas Smithsend were to be reimbursed by a levy on Walton for what they had spent on the poor there in the preceeding year (1651).

An agreement between the Bayliffs, Burgesses and Commonwealth of Tewkesbury and Fulk Reed of Walton Cardiff for himself and the inhabitants of the same place. To end inconclusive law suits it is agreed that for 11 years the inhabitants of Walton Cardiff shall find their own relief for the poor and repair their own highways. 18th August 1651.

A receipt from Henry Mason, cousin, to Nicholas Smithsend for money paid to him. 14th Day of November 1653. Sum: �13-6s. This describes how Henry Mason arranged for four of Nicholas's horses to be sent home when they escaped.[43] Henry is possibly a grandson of Nicholas' Aunt Elinor who married a Henry Mason.

Nicholas is mentioned on a licence in 1661.[45] The right honourable Francis Lord Cottington (master of his Highness court of wards and livery), and Sir Benjamin Rudierd (surveyor), to Nicholas Smithsend (son and heir of Nicholas Smithsend, deceased). Grant of livery and lands formerley of Richard Smithsend his father in Walton Cardiff, Fiddngton, Northway and Tewkesbury, with value and extent attached 28th 13 Charles (1661).

The court of Wards & Liveries administered money received by the monarch in respect of wardship, that is, the right to hold the estates of heirs of tenants in chief who were under 21. So this must relate to the Inquisition post mortem of Nicholas' father in 1627. The court was abolished in 1660 so perhaps the licence was related to this.

Nicholas was the overseer of the will of John Higgins in 1662.[46] John Higgins was the husband of his sister Elizabeth. Nicholas witnessed the will of Abraham Griffin, yeoman in 1663 and was also one the overseers.[47]

A bond between Edward Hatch of Tewkesbury, yeoman and Nicholas Smithsend, Walton Cardiff, gentleman is dated the 8th September 1665.[48]

Alice and Nicholas bought and sold some land in Defford and Croome in about 1669/70 as they appear in a list of 'Fines' .[49]

1669/70 - Inter Willelmum Ganderton querentem et Willelmum Sheapard, Smithend Ayles, et alios defendentes in Defford et alliis.

1669/70 - Inter Nicholaum Smithsend qenerosum et alios querentes et Edwardum Mason et alios defendentes in Crome et alliis.

A list of dues for the poor dated 1675 lists Nicholas and probably his son Nicholas. This is signed by Nicholas as a Churchwarden[50]

The overseers books for the poore for the township of Walton Cardiff by the quarter for the year 1675

Nicholas Newman.................................................................... 3s 0d

Mr Brent..................................................................................... 1s 6d

Robert Marnsworth.................................................................. 3s 0d

Mr Dobbins for the woods ................................................... 1s 10d

Nicholas Leyt............................................................................ 2s 8d

Mr Dobbins for MrAtkyns mead............................................ 0s 5d

Nicholas Smithsend................................................................. 6s 0d

Henry Lane?.............................................................................. 1s 6d

Nicholas Smithsend................................................................. 1s 6d

Mr Mee....................................................................................... 1s 4d

Mr Dobbins................................................................................ 1s 8d

Thomas Surman........................................................................ 1s 4d

Widow Jeenes............................................................................ 6s 0d

Francis Gurnall...................................................................... 0s 11d

William Humphrey.................................................................... 1s 7d

William Mayd............................................................................ 0s 1d

Robert Marnsworth.................................................................. 0s 1d

Ralph Jeenes............................................................................. 0s 1d

Joseph Layt................................................................................ 0s 1d

Clerk Parish?............................................................................ 2s 5d

Mrs Anne Brent......................................................................... 0s 1d

An agreement between Henry Moore of West Coker, Someset, gentleman and Nicholas Smithsend of Walton Cardiff was dated in 1678.[51] A capital messuage and farm in Fiddington lately occupied by John Clutterbuck, gentleman, deceased and in the possession of John Lane of Fiddington, yeoman. With a close of pasture called Home Downs or Hammonds Downs (approx 11a). Sum: �1,150. Witnesses: Nicholas Smithsend Junior, Thomas Rawlings, Thomas Webb.

Receipt naming Nicholas and his son of Walton Cardiff dated the 22nd March 1679.

Receipt from John Daragavell and John Cary to Nicholas Smithsend dated the 20th October 1679.

Receipt from Thomas Payton to Nicholas Smithsend for 15 shillings possibly for hire of a horse and carriage dated the 24th March 1692.[52]

Nicholas was recorded as an overseer of his nephew's will in 1693/94. In the will he is referred to as Nicholas Smithsend of Fiddington.

He is probably the Nicholas Smithsend who appeared in two court cases; in the 17th century, against John Millington for trespass and in an action against John Gostell, John Driver and others.[53] The Millington family were merchants in Tewkesbury. A John Millington mercer left some money to an Anne Smithsend in his will of 1681. 'I give to my cousin Anne Smithsend widow, twenty shillings to buy her a ringe'.[54]

A 17th century land valuation for Walton shows that a Nicholas Smithin owned land to the value of �60.00.[55]

Nicholas made a will in 1697 and died aged 82 on the 8th June 1697 and was buried on the 11th June 1697 'in linen' which suggests that he was quite well off. His memorial is in Ashchurch church.

Alice's father may be Francis Holland. A Theophilus Holland is mentioned on a bond with Anne Smithsend in about 1676 and a Samuel Holland was made a freeman of Tewkesbury in 1656 and was a prosperous merchant.

Elizabeth Smithsend (1618-1665). The daughter of Nicholas and Elizabeth. She was baptised in Tewkesbury on the 28th July 1618. She married John Higgins of Tewkesbury in about 1640 and we think that they did not have any children as none are mentioned in their wills.

Elizabeth made a will on the 22nd June 1665 and died on the 2nd July 1665. Probate was granted on the 19th July 1665. She left properties, money and household items to the children of her brothers Richard, Thomas and John Smithsend.[56]

In the name of God Amen. the two and twentieth day of June Anno Domini One thousand six hundred and sixty five in the seaventeenth yeare of the reigne of our soveraigne Lord Charles the second by the grace of god King of England Scotland France and Ireland defender of the faith &c. I Elizabeth Higgins of Tewkesbury in the County of Gloucester widow being weake in body butt of perfect memory and understanding praised by god therefore yett considering how uncertain the tyme of death is doe therefore make and ordeyne this my last will and Testament in wryting.

First I give and bequeath my soule into the hands of Almighty God trusting to be saved by the meritts death and passion of his deare and beloved sonne Jesus Christ my only Saviour and Redeemer. And as touching my worldly estate I give and bequeath as followeth.

Alsoe I give and bequeath to Richard Smythsend sonne of my brother Thomas Smythsend and his heires and assignes for ever All that one third parte in three partes to be devided of all those my three messuages or tenements pigeon house gardens orchards backsides howse and outhowse buildings barnes and stables with their & every of their appurtenances together with one yard land thereunto belonging scytuate lying and being in Oxendon in the said County of Gloucester now in the several tennencies or occupacons of Elizabeth Portlogg widow, John Yeates, William Brittayne and Isaack Barker or some or one of them commonly called or knowen by the several names of Oxendon Inn, Yeates tenement, and Brittayne Tenement or by what other name or names the same or any or other of them now are or have been called distinguished of knowen and the revercon and revercons remainder and remainders of the said third parte of the said premisses. To have and to hold the said thirde parte of the said messuages or tenements pigeon howse yard land and premisses with thappurtenances unto the said Nicholas Smythsend his heires and assinges for ever. To and for the only use and behoof of the said Nicholas Smythsend and of his heires and assignes for ever.

Alsoe I give and devise to my Nephew John Smythsend sonne of my brother John Smythsend and his heires and assinges for ever One other thirde parte in the three partes to be devised of all and singular the said Messuages of tenements pigeon howse edifices buildings barnes stables gardens orchard courts yards backsides yard and premisses with thappurtenances and the revercon and revercons remainder and remainders of the said last mentioned thirde parte. To have and to hold the said last menconed third parte in three partes to be devided of the said messuages or tenements Pigeon howse howses edifices buildings courtes yardes backsides gardens orchard yard land and premisses with thappurtenances unto my said Nephew John Smythsend his heires and assinges for ever. To and for the only use and behoof of my said Nephew John Smythsend and of his heires and assignes for ever.

Alsoe I give and devisse to Conway Smythsend second sonne of my brother Richard Smythsend and his heires and assignes for ever One other third parte in three partes to be devided of all and singular the said Messuages or tenements Pigeon howse howses edifices buildings barnes stables gardends orchard courtes yardes backsides yard land and premisses with thaappurtenances and the revercon and and revercons remainder and remainders of the said last menconed third parte of the said premises. To have and to hold the said third parte in three partes to be devided of the said Messuages or tenements Pigeon howse howses edifices buildings courtes yard backsides gardens orchard yard land and premisses with thappurtenances unto the said Conway Smythsend his heires and assignes for ever. To and for the only use and behoof of the said Conway Smythsend and his heires and assignes for ever.

Alsoe I give and bequeath unto Anne Smythsend and Mary Smythsend daughters of my brother Thomas Smythsend Fifty pounds apeece of current English money to be paid unto them as they shall accomplish their several and respective adges of One and twenty yeares or be marryed which shall first happen together with the interest and encrease thereof from and after my decease. And if it shall happen that if either of the said Anne or Mary Smythsend shall dye or depart this life before they shall attain to the adge of One and twenty yeares or be marryed That then the porcon of either of them doe dyeing shall remaine to the survivor of them the said Anne or Mary together with the interest benefitt and encrease thereof. And if it shall happen that both of them the said Anne and Mary shall dye before their said legacyes shall respectively become due then my will and meaning is that the legacyes or porcons of the said Anne and Mary amounting in the whole to One hundred pounds shall be paid to Nicholas Smythsend brother of the said Anne and Mary together with the interest benefitt and encrease thereof att such tyme as hee shall attain the adge of one and twenty yeares or be marryed.

And I do alsoe hereby declare and my will and meaning is That the said some of One hundred pounds shall be payed to my sister in lawe Anne Smythsend widdow Mother of the said Anne and Mary within siz monethes next after my decease soe as my said sister in Lawe Anne Smythsend shall give unto My Overseers of this my will hereafter named sufficient security for the true payment of the same legacyes or porcons to the said Anne and Mary together with the interest and benefitt thereof att the tyme aforesaid. And my Executor hereafter named a sufficient release or discharge in wrytinge touching the saide legacyes last mentioned which release shallbe a good and sufficient discharge to my Executors concerning the same.

Also I give and bequeath to Susanna the daugther of my brother John Smythsend Fower score pounds of current English mony. Alsoe I give and bequeath to Sarah daughter of my said brother John Smythsend Twenty pounds of current mony to be paid to them within six months next after my decease.

Alsoe I give and bequeath to Richard Smythsend Elizabeth Anne and Nicholas Smythsend sonnes and daughters of my brother Richard Smythsend Tweny five pounds apeece of current mony to be paid to them within siz moneths next after my decease. And if any or other of them the said Richard, Elizabeth Anne and Nicholas shall dye before the payment of the said legacy that then the legacy or porcon of any or other of them soe dyeing shall remaine amongst the survivor or survivors of them..

Alsoe I give and bequeath to Elizabeth daughter of my brother Nicholas Smithsend five poundes of current mony .

Alsoe I give and bequeath to the said Elizabeth daughter of my said brother Nicholas two paire of flaxen sheets one Flaxen tablecloth one dusson of Flaxen Napkins to be paid and delivered to her within six monethes next after my decease.

Alsoe I give and bequeath to Mr John Dobbins the elder of Tewkesbury aforesaid Twenty poundes of current mony to be paid with six monethes next after my decease.

Alsoe I give and bequeath to John Hale and Anne Bignell both of Tewkesbury aforesaid Fifty shillings apeece of current mony to be paid them within six monethes next after my decease.

Alsoe I give and bequeath to the said widow Portlugg Twenty shillings of current mony. Also I give and bequeath to Walter Portlugg Twenty shillings of like mony. Alsoe I give to Elizabeth Portlugg Twenty shillings.

Alsoe I give to Richard Smythsend of Tewkesbury Labourer Twenty shillings of current mony.

Alsoe I give and bequeath to Joseph Cowley in the parish of Ashchurch Labourer Twenty shillings of current mony.

Alsoe I give and bequeath unto my kindesman William Rayer Twenty shillings of current mony.

Alsoe I give and bequeath to Mary the wife of John Harding of Tewkesbury aforesaid Innholder the some of Forty shillings of current mony.

Alsoe I give and bequeath to Samuell Harding the sonne of the said John Harding Twenty shillings.

Alsoe I give and bequeath to Elizabeth the daughter of George Cotton of Tewkesbury aforesaid Tenn shillings of current mony.

Alsoe I give to Hester the wife of Thomas Sweet of Tewkesbury aforesaid tenn shillings.

Alsoe I give and bequeath to Thomas Priddy and Katherine Baldwyne my servants Twenty shillings apeece of current money.

Alsoe I give and bequeath to my kindesman Isarell Shawe Twenty pounds of current mony.

Alsoe I give and bequeath to my Cosen Mary Bound in the parish of Upten upon Seaverne in the County of Worcester Five poundes.

Alsoe I give and bequeath to Susanna daughter of my said brother John Smythsend the bedd and beddstead in the great Chamber and the purple Curtaines and valaines and all other thinges thereunto belonging. Alsoe I give and bequeath to the said Susanna three paire of my largest flaxen sheets one dusson of dyaper Napkins one dyaper table cloth six redd leather chaires and two purple stooles.

Alsoe I give and bequeath to Anne daughter of my said brother Thomas Smythsend the feather bedd and beddstead in the kitchin chamber and the redd Curtaines and valaines and all othe things thereunto belonging and alsoe one Cubbard cloth and the two redd stooles.

Alsoe I give to Elizabeth daughter of my brother Richard Smythsend the beddsteed in the Chamber over the great Chamber and the bedd in the Chamber wherein I now lodge and the greene Curtaines and valaynes and all other things thereunto belonging and the cubbard cloth and Cushion belonging to the same chamber.

Alsoe I give and bequeath all the rest of my lynnen wollen brasse pewter and all other my howsehold stuffe whatsoever not formerly disposed of unto the daughters of my brother Thomas Smythsend my brother John Smythsend and my brother Richard Smythsend to be equally devided betweene them. All which said last menconed somes of mony or legacyes and howsehold stuffe my is shall be payed and delivered to the severall legatees before named within six monethes next after my decease.

Alsoe I give and bequeath to the pore people of the parish of Tewkesbury Five poundes and to my pore neighbours of Tewkesbury aforesaid Forty shillings of current mony to be distributed with one moneth next after my decease att the discrecion of my Executors.

Alsoe I give and bequeath unto the said Susanna daughter of my said brother John Smythsend her Executors and assignes all my estate right title interest tearme of yeares clayme or demand whatsoever in or to one half acre of pasture grounde lying in the Oldbury field in Tewkesbury aforesaid To have and to hold the said parcell of pasture ground with thappurenances unto the said Susanna Smythsend her Executors and assignes from and immediately after my decease unto thend & terme of Twelve yeares next ensueing to be compleat & ended.

Alsoe I give and bequeath to Anne Smythsend daughter of my said brother Thomas Smythsend All that tenement with thappurtenances lying in Tewkesbury aforesaid in a Lane there called Howell Lane in occupacon of one George Wyniall and all my estate right title interest tearme of yeares clayme and demand whatsoever in and to the said Anne To have and to hold the said Tenement with thappurtenances unto the said Anne Smythsend her Executors and assignes from & immediately after my decease unto thend & tearme of Twelve yeares then next following.

Alsoe I give and bequeath the said Richard Smythsend sonne of my said brother Richard Smythsend All that my Tenement with thappurtenances lying in Tewkesbury aforesaid in the said lane called Howell Lane next to the river of Avon now in the occupacon of John Cooke And all my estate interest tearme of yeares clayme and demand whatsoever in and to the said last menconed tenement To have and to hold the said last menconed Tenement with thappurtenances unto the said Richard Smythsend the sonne his Executors and assigns from and immediately after my decease unto thend & tearme of Twelve yeares thence next ensueing.

Alsoe my will and meaning is and I doe hereby intend that my Executors shall within what convenient speed may be after my decease dispose of my howse in Tewkesbury aforesaid wherein I doe now inhabite and dwell for the tearme of Twelve yeares after my decease or for such tyme tearme or number of yeares which By the last will and Testament of John Higgins my late husband deceased is given or allotted unto mee and the mony thereby to be raised and all other sumes of mony due and owing unto mee over and above the Legasies before given and my funerall Expences My will and meaning is shall be equally divided betweene & amongst the Children of my brothers Thomas Smythsend John Smythsend Richard Smythsend share and share alike.

And alsoe I do give and bequeath unto my said Brothers John Smythsend and Richard Smythsend Thirty pounds apeece of Lawful mony of England to be paid with Six monethes after my decease.

And I doe hereby make Constitute ordaine & appoint my said brother John Smythsend and my said brother Richard Smythsend to be executors of this my last will and Testament and I do hereby revoke all former Wills and legacyes & bequests by mee Formerly made or given.

And I do desire my Brother Nicholas Smythsend and Mr Conway Whitthorne of Tewkesbury aforesayd to be the Overseers of this my last will and to see the same duly pewrformed In every respect and doe give them Twenty shillings apeece for their paines. Alsoe my will and meaning is that my said Brothers John Smythsend and Richard Smythsend being executors of this my last will shall within six moneths next after my decease severally give unto my said overseers or the survivor of them of their executors or Administrators good and sufficient securitie [ --- ] sayd severall and respective Children of my sayd Brothers John Smythsend and Richard Smythsend before named.

In Witness whereof I the sayd Elizabeth Higgins have to this my last Will and Testament in Writing conteyning seven Sheets of paper put my Hand and Seale the day and yeare first above in these presents written.

Signed Sealed Published & Delivered in ye presence of: Richard Neaste, John Harding, John King

Richard Smithsend labourer may be the 'Richard Smithsend Snr' buried in Tewkesbury on the15th May 1671.[57]

The inventory gives a good description of the household. It was one of the more prosperous households in Tewkesbury at the time.

A true & perfect inventory of the goods cattles & chattells of Elizabeth Higgins widow late of Tewkesbury in the county of Gloucester who deceased the 2nd of the instant July had taken & apprised by us whose names are hereunto subscribed.

presse, a chest, a side cupboard and cupboard cloth & 2 stools apprised at � 5

Item. In the kitchin 2 small table boards 3 chaires, 4 brass potts 4 brass kettles

Item. In the Cellar 10 barrells bigger & lesser 2 trams a table board a safe shelves & other trumpery: � 1 10s. Item. for 32 wey of malt apprised: �213 6s. 8d.

Apprised the yeare and day above written by us Conway Whithorne, Robert Morris, Thomas Clarke.

Elizabeth's husband John Higgins was born in about 1615 and married Elizabeth in about 1640. His father was probably the John Higgins who was buried in Tewkesbury Abbey on the 9th May 1625.

John was a Freeman and Maltster with a house in the High Street with six rooms and six hearths. Downstairs were the kitchen, parlour and hall, and upstairs a great chamber over the hall, a green chamber where all the furnishings in the room were green, and a chamber over the kitchen. John also owned the New Inn at Oxenton which was run by a tenant innkeeper.

John made a will in 1661 and probate was granted on the 23rd June 1662. He left property and money to his wife's nieces and nephews, Susanna, Anne, and Richard. Nicholas Smithsend of Walton, his wife's brother, and Edward Jennings of Tewkesbury were his overseers.

In the name of God Amen the twentieth day of March one thousand six hundred sixty and one. I John Higgins of Tewkesbury gent. in the County of Gloster being sick and weake in body but god be blessed in good and perfect memory doe make and ordayne this my last will and testament in manner and forme following.

First and principally I yelde my soule unto Almighty god my maker and creator and unto Jesus Christ my savioure and redeemer and my body to the earth from whence it came.

Item. I doe give and bequeath unto Elizabeth my now Wiffe dureing her life and twelve yeares my house that I doe now live in with all the gardens and oute houses thereunto belonging and lying in the high streete in Tewkesbury and afterwards unto Israell Shaw during his life and afterwards unto John Shaw and George Shaw and and theyre heyers: and for want of such heyers then unto John Manlie for ever.

Item. I doe give & bequeath unto Elizabeth my now wiffe during her life & twelve yeares my half acre liing in the Ouldburry & my two tenniments liing in Howells Lane with the gardens thereto unto belonging and afterwards I doe give unto Susanna Smithsend the daughter of John Smithsend the half acre lying in the Ouldburry for ever.

Item. I doe give unto An Smithsend the daughter of Thomas Smithsend the tenement with the garden that lieth next to the streete being in the occupacon of George Quinit for ever.

Alsoe I doe give unto Richard Smithsend the sone of Richard Smithsend the lower tenement with the garden liing next to Avon now in the Occupacon of John Cooke for ever.

Item. I doe give unto Elizabeth my loving Wiffe all my all Free land liiing in Oxenton to her and her heyers for ever except two two tenements now in the occupation of John Yeates and otghers which I doe give unto my wiffe but only during her life and twelve yeares: and afterwards I doe give them unto Thomas New my kinsman and his heyers for ever.

Item I doe give unto John Beale of Tewkesbury and An Bignell his daugther fifty shillings apeece.

Item. I give unto Mary Boone my kinswoman the sume of twenty shillings to by her a ring.

Item. I give unto the minister that shall preach my funerall sermon the sume of forty shillings.

Item I give unto the pore of Tewkesbury the sume of five poundes to bee distributed according to the discresion of my Overseers within one moneth after my decease and I doe appoint my trusty and well beloved friends Mr Edward Jennings of Tewkesbury and Nicholas Smithsend of Walton my overseers of this my last will and Testament to see it performed and for theayer paynes therein I doe give them Twentie shillings apeece.

Item. for all the rest of my goods chattels not before bequeathed I doe give and bequeath unto Elizabeth my nowe wiffe whome I doe make my whole and sole executrix of this my last will and testament wheare unto I have put my hand & seale the date and yeare above written.

Published sealed and delivered in the presence of: John Hardinge, Richard Whittorne, Richard Morris his mark.

Thomas Smithsend (1616-1665). The son of Nicholas and Elizabeth. He was baptised at Tewkesbury on the 2nd July 1616. He married Anne in about 1650. We do not know Anne's surname but she might be Anne Millington the cousin of John Millington, mercer mentioned in his will of 1681/2. 'I give to my cousin Anne Smithsend widow, twenty shillings to buy her a ringe' [58]

In 1644 Thomas is mentioned as the second son of Nicholas Smithsend when he became a freeman of Tewkesbury. [59]

In 1662 Thomas was appointed to the common council of Tewkesbury after the current members were dismissed after an inquiry. 1662 - On the 14th of August Lord Herbert, the Lord Lieutenant of the county, by virtue of an act of Parliament for regulating corporations came to this town and set aside ten of the common council and chose others in their stead.[61]

In this period, after the Civil War, there were several occasions when a council with Royalist sympathies was dismissed to be replaced by those who supported Parliament, and vice versa. In this case just after the restoration of Charles II several royalist members were reinstated late in 1660 and the declaration below sees several parliamentary supporters dismissed about 1 year later. Thomas Smithsend seems to be a royalist supporter but local research suggests that the town had a Puritan majority overall in the 1660's.[62]

In Aug 1662, by warrant of the commissioners appointed under the great seal, pursuant to the provisions of an act of parliament for regulating coporations, Philip Surman, John Carver, Willam Neast, William Croft, John Back, Thomas Clarke, William Hatton, Thomas Jeynes, Robert Buggin, John Croft, Bartholomew Reade, Henry Symonds and Richard Yarrow, were removed from the common council; and Conway Whithorn, Thomas Nanfan, Thomas Jeynes, John Mann the younger, George Jeynes, Nicholas Steight, Richard Smithsend, Thomas Kings and Thomas Smithsend, were placed in their stead. Edward Wilson was made bailiff in place of Philip Surman; and Edward Jennings was made justice in lieu of John Carver. Richard Hill was removed from the office of town-clerk, and George Jeynes placed in his stead. At the investigation into the conduct of the parties, previously to their removal, Lord Herbert, the lord-lieutenant of the county, was present; and Richard Dowdeswell, esq. was one of the commissioners.

William Hatton, a merchant was town bailiff in 1656 and died in 1667/8. Thomas Jeynes was a glover and was made freeman in 1639 and was a Bailiff in 1657 and 1658 and town mayor from 1689-1691. Thomas Nanfan may be the Major Nanfan who lived in the Old Baptist chapel, in 1671, and was a prosperous local resident. Nicholas Staight was an apothecary (chemist) who was town Bailiff in 1674 and 1685.

Thomas Smithsend signed the accounts of the Giles Geast charity in Tewkesbury, as Churchwarden in 1662 and 1663. [63]

Thomas died on 18th April 1665 aged 48 and is buried in Tewkesbury Abbey, in the North Aisle.

Children of Thomas and Anne - These were Richard b.1652, Mary (1661-1719) and Anne born about 1662. This family is described in a separate document.

John Smithsend (b.1621). The son of Nicholas and Elizabeth. He was born at Tewkesbury on the 8th April 1621 and was mentioned in his father's will in 1624.

He was a member of the Tewkesbury 'Trayned band' and appears in a list dated the 4th November 1642 and was responsible for a caliver (a large pistol or blunderbuss) which was provided by a Mr Packer (or Parker). John was apprenticed to a Mr Packer and became a Freeman of Tewkesbury in 1647. [64]

In 1648 he signed the accounts book of the Giles Geast charity in Tewkesbury as possibly a Petty constable of Tewkesbury. Constables' batons of this period can still be seen in the Tewkesbury museum. [65]

John was appointed with his brother Richard as the executor of his sister Elizabeth's will, in 1665.

Children of John and Susanna - These were John, Susanna and Elizabeth who were probably born around 1650. This family is described in a separate document.

Joseph Smithsend (b.1623). The son of Nicholas and Elizabeth. He was baptised on the 23rd November 1623 in Tewkesbury and is mentioned in his father's will of 1624.

A Joseph Smithsend witnessed the will of Jane Cant of Tewkesbury on 26th December 1675. The witnesses were Joseph Smithsend, Francis Chapman and Sarah Cant. [66]

Richard Smithsend (b.1625). The son of Nicholas and Elizabeth. He was born in Tewkesbury on the 2nd of April 1625 and he is mentioned in his father's will of 1624.

In 1644 he signed the accounts of the Giles Geast charity in Tewkesbury as an overseer, he also signed as a Petty constable in 1651 and as Bayliff in 1665.[67]

The account of Phillip Hills Receiver of the rents and fees and profits of 22 houses and 22 gardines lyinge and beinge within the Towne of Tewkesbury and [ --- ] that in the year Anno Dom. 1558 were given and bequeathed by our worthy benefactor Gyles Geast sometime Bayliff of this towne of Tewkesbury to the benefit of the poor of this town for ever. Account was made the last day November 1665 before Conway Whithorne and Richard Smithsend Gentelmen and now Bayliffs of the said Burrough and is noe year endinge the 29th of September last.

Richard married Anne Whithorne in about 1653 and their children were Richard, Conway, Elizabeth, John, Anne and Nicholas.The marriage was recorded in the Herald's Visitation of Gloucestershire in 1680. Richard's wife Anne Whithorne was born in 1629. Her father was Conway Whithorne who was born in 1588 and her mother was Elizabeth Man. Anne died on the 6th June 1697 aged 68.

Richard was twice Bayliff of Tewkesbury in 1665 and 1677. Tewkesbury traditionally had two Bayliffs rather than a Mayor so the position of Town Bayliff carried a lot of prestige. There was quite a celebration in 1665 when the bailiffs were appointed as the town records report.[68]

The common council ordered, that the bailiffs and bailiffs elect, with chamberlain and town clerk, should repair to Clifford Chambers, on the 1st Nov. "and then and there lay claim to and make use of the privileges of hawking, hunting, fishing, fowling &c. within the manor of Clifford Chambers aforesaid, appertaining to the bailiffs, burgesses, and commonality of the corporation;" and the expense thereof should be defrayed out of the public stock, provided it did not exceed �3.

Anne's brother Conway Whithorne (also a Bayliff of Tewkesbury) often appears with Nicholas Smithsend (Richard's brother) on various documents and deeds.

In 1684 there was a legal dispute between a Richard Smithsend and Conway Whithorne possibly a debt of some kind and Richard had to have an inventory taken of his goods. (This probably refers to Richard but it might be his son or his nephew).[69]

Know all men by these Presentments that I Charles Jones Esq. High Sheriff of the County of Gloucester by vertue of their Majestes writt of Forfeiture to me devised for leaveying the sum of Two Hundred and Eighty pounds [ --- ] of suite of the Land and Goods and Chattels of Richard Smithsend Esq. of Tewkesbury att the suite of Conway Whithorne, Gent. I the said Charles Jones have taken in Inventory [ --- ] the sayd all Goods and Chattels mentioned in this particular above and on the other side which are appraysed att two and twenty pounds five shillings and two pence. Which Sayd Goods and Chattels [ --- ] hereby [ --- ] sell and [ ---] unto the sayd Conway Whithorne in part of and towards satisfaction of his said debt and with [ --- ]to have and to hold the same goods and chattels and every of them unto the sayd Conway Whithorne from henceforth for every as his own [ --- ] goods and chattels. In Witness whereof I have herewith set mye Seale of Office the Twenty fourth day of October, Anno Domini [ --- ] 1684. Charles Jones

Richard died on the 18th (or 10th) October 1697, aged 73, and is buried in Tewkesbury Abbey.

The Smithsends living in London in the 18th and 19th centuries are descended from Richard and Anne. The Whithorne family had a house in London so perhaps this explains the London connections. The London Smithsends are described in a separate document.

Nicholas Smithsend (1645-1727). The son of Nicholas and Alice. He was described as a Gentleman of Walton Cardiff. He married Anne Vobe at Bromsberrow on the 28th February 1681/82. His father stood as bondsman for the marriage licence.

Nicholas was a Churchwarden at Tewkesbury in 1675.[70] He is listed on a receipt with his father on the 22nd March 1679.[71]

Acct. made by the inhabitants of the Parish of Walton Cardiff for the relief of the poore for one whole year.

Issac Haynes............................................................................ 13s 4d

Nicholas Smithsend............................................................... 17s 8d

John Chanler............................................................................ 2s 4d

Elinor Jeenes.......................................................................... 13s 4d

Joseph Lankett.......................................................................... 3s 0d

William Jeenes.......................................................................... 6s 8d

Richard Davison....................................................................... 3s 0d

Thomas Berrow......................................................................... 3s 4d

Thomas Berrow for Hill's Wood............................................. 6s 8d

Thomas Berrow for Mr Lane's................................................ 3s 4d

John Chanler for Barnes......................................................... 3s 0d

William Jeenes.......................................................................... 1s 0d

John Jeenes............................................................................... 5s 8d

William Roberts........................................................................ 3s 4d

Mr Dowdeswell or tenants................................................... 3s 10d

William Humphrey.................................................................... 3s 4d

Ralph Jeenes............................................................................. 0s 3d

James Page................................................................................ 0s 3d

Mr Stock..................................................................................... 0s 8d

Mr Francis Laight.................................................................... 0s 3d

Mr Mayd..................................................................................... 0s 2d

Mr Wriggins............................................................................ 0s 10d

Total...................................................................................... �5 3s 0d

It is probably Nicholas who appears in a list of fines for Worcestershire when he bought some land in Croome in 1702/03. 1702/03 - Inter Nicholaum Smythsend et alios querentes et Ricardum Mason, Marriott Armes, Tayler Ganderton et uxorem defendentes in Crombe et aliis.[73]

As an Overseer for the poor he drew up on the 12th April 1706 a list of those owing taxes for the poor in Walton Cardiff, this included himself, his son, and a Thomas Smithsend (probably his brother).[74]

A rate made by the Inhabitants of the Parish of Walton Cardiff for the relief of their poore for one whole year.

Isaac Haynes............................................................................. 3s 3d

John Jeenes............................................................................... 7s 4d

Nicholas Smithsend............................................................... 12s 6d

Mr Pittman................................................................................. 2s 3d

Edward Purser.......................................................................... 2s 3d

Mr Wilson................................................................................... 5s 3d

Richard Davison....................................................................... 2s 0d

Thomas Smithsend.................................................................... 2s 1d

Mr Farrin................................................................................... 5s 6d

Francis Toms............................................................................. 5s 1d

John Haynes.............................................................................. 2s 7d

Nicholas Smithsend............................................................... 1s 10d

Mr Pittman................................................................................. 0s 9d

John Jeenes............................................................................... 4s 3d

Mr Charles Bick....................................................................... 2s 3d

Mr Dowdeswell or Tenants..................................................... 3s 0d

William Humphrey.................................................................... 2s 0d

John Jeenes............................................................................... 0s 2d

James Page................................................................................ 0s 2d

Mr Stock..................................................................................... 0s 2d

Mrs Laight................................................................................. 0s 2d

Mrs Mayo................................................................................... 0s 2d

Mr Matthews............................................................................. 0s 7d

Richard Darked........................................................................ 2s 7d

In about 1706 Nicholas received a letter of receipt and release relating to the estates of the deceased Anthony Vobe and James Vobe; these were his wife's brothers and he may have acted as the executor of their wills.

There is a letter from him to his son Nicholas at Mr Lye's attorney office. His son was about 21.

Son, If you have not bought or bespoken a Wigg already I would have you make a journey? over to my house and see a wigg that Mr Mathison hath now by him, made for a person of qualitie and his mind now changed [ --- ]

The 'Mr Lyes' may be a relation of Nicholas' cousin Mary who married a John Lyes in about 1695. There is another letter on the same day.

Your mother has sent you two sheets, two [ --- ], two pairs of shoes, one [ --- ], two pairs of stockings by Shifferd?

Neither of our Attorneys at Tewkesbury has yet got the Sherriff's Seale. You stated in your last that old Mr Hyatt's clerk told you that Mr Charles Hyatt had a seale. I desire you to go this day to Mr Charles Hyatt and know certainly if he has a Seale or not.

Robert Atkyns mentions Nicholas Smithsend in his History of Gloucestershire.[75]

The church is in the Deanry of Winchcombe; it is an Impropriation and of a very small value to the Curate, who enjoys only the small Tithes. Mr Matthews is the present Incumbent and was presented by All Souls College in Oxford and by Mr Symmonds and Mr Smithsend".

The church is small, like a chapel, with a little Turret at the West End. The parishoners bury some at Tewkesbury and some at Ashchurch

The parish is 5 miles in compass. It consists of rich meadow and pasture, a small brook, called Tirle brook, riseth at Oxenton Hill and runs by the Parish. Mr Symmonds and Mr Smithsend have good houses and good estates in this place.

(2) Nicholas Smithsend of Walton Cardiff, gentleman Anne Smithsend his wife. Administration of Anthony Vobe gentleman deceased and John Vobe of Wellington in the county of Hereford, gentleman.

On the 20th Feb 1717 a bond was drawn up between Nicholas and a Mr Lyes for �102 10s.[76]

Nicholas is mentioned on his brother's will of 1725 and he made his own will on the 26th April 1726.[77]

In the name of God Amen. I Nicholas Smithsend of Walton Cardiff in the County of Gloucester being in good health and memory praised be God for it. Do make and ordain this my last Will and Testament in manner and for following. First and principally I humbly commend my soul into the hands of Almighty God my maker and creator and unto Jesus Christ my Saviour and Redeemer hoping to be saved by the infinite and only merits of Jesus Christ my dear Lord and my body to the Earth to be decently buried at the discretion of my Executor hereafter named. And for all my worldly Estate which it pleased God to bestow upon me I give and bequeath as followeth. First I give and bequeath unto my daughter Elizabeth Smithsend fifteen hundred pounds twelve hundred pounds to be paid to her within the space of six months next after my decease and the other three hundred pounds to be paid to her within the space of six months next after the expiration of the first six moths. I give to my sister Elizabeth Smithsend a guinea. I give to the poor of the parish of Tewkesbury five pounds. I give to the poor of the parish of Ashchurch three pounds. I give to John Haines or his children ten shilligs as beig of our parish of Walton Cardiffe and I give to Sarah Hall of our parish of Walton Cardiffe or to her children ten shillings. And for all the rest and residue of my goods and chattels and personal estate undisposed my debts and funeral expenses being discharged I do give to my son Nicholas Smithsend who I do make my whole and sole eecutr of this ny Will revoking all other former wills heretofore made by me. I witness whererof I have hereunto set y hand and Seal this twenty sixth day f April in the year of our Lord God one thousand seven hundred and twenty six.

Nicholas Smithsend sealed and declared in the presence of Will Haynes and Joseph Wells.

Nicholas' wife Anne Vobe (1656-1723) came from Ledbury where the Vobe family held quite extensive estates. Anne had three brothers, John, Anthony, and James. There is a document setting up Anne Vobe's dowry in January 1681 and there is a bond between Mrs Elizabeth Vobe, James Vobe, and Anthony Vobe to indemnify Nicholas Smithsend and intended wife Anne Vobe dated the 23rd of February 1681.[78]

In 1702 Anne handled the administration of her brother Anthony's affairs after his decease.[79]

Children of Nicholas and Anne - they had three children, Nicholas, Thomas, and Elizabeth.

Vobe family - The Vobe family lived at Mathon, Worcestershire for many generations and appear to have originally come from somehwere near Tewkesbury in Gloucestershire. They owned a large number of farms around Mathon and in the Ledbury area. Anne's father Anthony Vobe was christened on the 27th August 1615 in Ledbury and died on the 1st June 1668 in Ledbury,. Her mother was Elizabeth Strowd (b.1633) daughter of Richard Strowd and Eleanor and they were married in 1650 in Cradley. Her grandfather was Anthony Vobe.[80]

Thomas and his sister Elizabeth were involved in a legal dispute, in 1716, with John Roberts (possibly a cousin) over building and land in Woolstone near Tewkesbury. John Roberts had mortgaged the premises to their father Nicholas Smithsend in 1687 for �100. As executors of their father's Will Thomas and his sister were claiming that either the money and interest be fully paid or the premises should come to them. This was contested by Richard and Timothy Roberts the sons of John Roberts.[81]

Thomas made a will dated the 2nd November 1724 and died shortly afterwards on the 5th of November 1724 aged 73. Probate was granted on the 3rd August 1725. In the will he mentions a kinsman Nicholas Smithsend the younger of Walton Cardiff (probably his Nephew Nicholas b.1688, his brother Nicholas, sister Elizabeth, and his niece Elizabeth. The executor was his sister Elizbeth.[82]

Elizabeth Smithsend (1655-1738). The daughter of Nicholas and Alice. She was mentioned as the executor of her brother Thomas' will in 1724. She died on the 2nd February 1738 aged 83 and is buried at Ashchurch where there is a memorial. There is some doubt about the date of her death but it looks like 1738.

Nicholas Smithsend (1688-1746). Of Walton Cardiff. The son of Nicholas and Anne. From several letters between Nicholas and his father it looks as though he was articled to a Mr Lyes, attorney, in Gloucester in about 1706 at the age of 18. He appears on several bonds between 1716 and 1719 which look as though they are part of his legal work. There is a bond for �102 10s between a Mr Smithsend and Mr Lyes dated the 20th February 1717.

Nicholas was appointed as the executor of his father's will made on the 3rd June 1725 and he (or his father) witnessed the will of Petronella Fisher of Tewkesbury dated 23rd February 1712.

Nicholas married Sarah Merrett in about 1729 and they had two children, Nicholas and Thomas.

There is a list of documents that mention Nicholas. These are from a summary of titles to land on the estate drawn up in 1749. Most of the actual documents probably no longer exist.

Lease from Thomas Tucker his wife and others to Nicholas Smithsend for �102 10s dated 3rd/4th February 1728.

Mortgage dated 20th July 1739 from Charles Parrett to Nicholas Smithsend for �10 for tenements in St Mary Street Tewkesbury.

Assignment of land in Nether Slaughter from Robert Harmon and others to Mrs Elizabeth Smithsend for �800 dated 12 November 1732.

Mortgage from Joseph Lawrence and his mother to Nicholas Smithsend for �100 dated 19h November 1734.

Assignment of Washbourne Place, Nether Slaughter from Nicholas Smithsend and others to John Parsons esquire dated 1st February 1736.

Release document and articles of agreement from Joseph Lawrence and others to Nicholas Smithsend and Gabriel Johmston for the use of Mr Smithsend for �1200 dated 5th February 1736

Receipt from Joseph Lawrence to Nicholas Smithsend for a gift dated 23rd February 1738.

Release by Mrs Elizabeth Lawrence to Nicholas Smithsend for �25 dated 21 May 1739.

Mortgage from Richard Roberts to Nicholas Smithsend gentleman for land at Woolstone for �186 5s dated 6th August 1739.

Mortgage and bond from Richard Roberts to Nicholas Smithsend for �300 for lands in Little Comberton, Worcestershire dated 5th Novembe 1739

Assignment of the Fryth from Gilbert Knowles gentleman to John Parsons esquire in trust for Nicholas Smithsend for �630 dated 29th April 1732.

Admittance of Nicholas Smithsend to customary messuages etc from his uncles John, Anthony and James Vobe and grandfather Anthony Vobe, dated 29 July 1735.

There is a Bond between Nicholas Smithsend, Hester Phelps and Edward Phelps, dated 29 Sep 1744. This is the assignment of a mortgage to Edward Phelps. The mortgage was originally made to secure a legacy of �50 to Hester Phelps left to her by her Uncle Nicholas Smithsend, Maltster (died 1730) which was to be hers when she was 21 or when she was married. The mortgage was on a messugage in High Street Tewkesbury between the properties of William Lilly, gentleman (and now in the possession of William Spilman) and Joseph Mangell (now in the possession of Daniel Hatton). The security for payment was made by Hester's brother Nicholas Smithsend of the City of London to Nicholas Smithsend (the elder) on the 13th September 1731.

A messuage in Walton Cardiff of closes called, Kent's field (7a), Woodfield (6a), New Leesow (2a), Latchmore Hades (3a), Little Latchmore (1a), the Woodside (6a).

A messuage in Walton Cardiff called Wilks House and closes called the Leys (3.5a?), Baal's field (11a) and enclosure to the south of Baal's field (5a). Kent's field (3.5a) and another enclosure (0.5a).

The Close called Turle meadow or Turle mead and another pasture within Turle meadow sometimes called Edwards acre and half (1.5a). Another close in Turle meadow called Foxes acre.

Nicholas made a will dated the 25th October 1742 in which he made bequests to his two sons and to a cousin Edward Smithsend. He also mentions Sarah his wife who was the executor of the will.

In the name of God Amen. I Nicholas Smithsend of Walton Cardiffe in the diocese of Gloucester, Gentleman being of sound and well disposing mind and understanding Doe make and ordain this my last will and testament in manner and form following. First I commend my soul to God who gave it and my body to the Earth to be buried in the Parish church of Ashchurch and as to my worldly estate I give and devise thereof as followeth. Firstly I give to my dear wife Sarah Smithsend all my dwelling houses in Tewkesbury to hold for term of her life. I also give to her Fifty pounds in money and the half of my Plate Linnen and Goods. I give to my cousin John Jones a Guinea. I give to my cousin James Jones a Guinea. I give to my cousin [ --- ] Stephens a guinea. I give to my cousin Mary Phelps a guinea. I give to my cousin Anne Phelps a guinea. I give to my cousin Hester Phelps a Guinea. I give to my cousin Edward Smithsend a Guinea. I give to my cousin Alice Cubberley a Guinea. I give to my cousin Sarah Tuberville a guinea. I give to my son Nicholas Smithsend all my real estate to hold to him and his heirs for ever the Houses at Tewkesbury after the death of his mother and likewise I give to him my son Nicholas Smithsend all the rest of my Goods Chattels and personal estate my debts legacies and funeral expenses excepted. And I give to the poor of Tewkesbury ten pounds. To the poor of Ashchurch Five pounds. To Sarah Haynes, Elizabeth Mason and Richard Tucker one pound each. And I make my said loving wife sole Executrix and I do appoint John Parson of Kemmerton, Esq. and Packer Sermon of Treddington, Gentleman, trustees of my Will and give them each Five pounds a year for their trouble. But my will and meaning is if my said wife be with child at my decease that my whole estate real and personal shall be chargeable with the payment of Eighteen hundred pounds to such after child. I witness whereof I have hereunto put my hand and seal this one and twentieth day of December 1742. Nicholas Smithsend. Signed sealed published and declared by the testator in the presence of Thomas Mearany, Thomas Bick and Mary Steight

Nicholas' wife was Sarah Merrett (1708-1782). She was about 20 years younger than Nicholas. Sarah is mentioned on a lease dated the 10th March 1752 and is referred to as 'Sarah Smithsend widow of Nicholas Smithsend'. She is also mentioned on a bond of 1759. Sarah died on the 13th March 1782, aged 74, and is buried at Ashchurch with her husband.

Thomas Smithsend (1689-1717). The son of Nicholas and Anne. He made a will (possibly in 1712) in which he leaves several properties to his wife Paulina and some to his brother Nicholas. He also mentions his Uncle (Thomas, 1651) and his Aunt (Elizabeth, 1655). There are also several quite extensive debts to be settled owing to Mary Lyes (possibly the Mary Smithsend who married John Lyes), Elizabeth Aston, Mrs Anne Holland, the widow Baldwyne, and Thomas Hall. In all amounting to �235.

In the name of God Amen. I Thomas Smithsendof Tewkesbury in the county of Gloucester, being sick in body but of sound and perfect mind and memory thanks be given to Almighty God for the same and not knowing how it will please God to dispose of me either for life or death but wholly submitting my selfe to his blessed will doe make this my last will and testament in manner and form following.

Imprimis. I give and bequeath my soul into the hands of Almighty God my creator hoping for salvation through the alone merrits of Jesus Christ my blessed Saviour and redeemer and my body to the earth to be decently buryed according to the discretion of my Executrix herein after named and as to that worldly estate wherewith it hath pleased God to bless me I give and devise to my dearly beloved wife Paulina Smithsend and her heirs for ever all those my two closes or inclosed pieces of Greensward or pasture ground called Pages Tirles which I lately purchased of the Honourable Henry Stafford Esquire, lyeing and being in the Parish of Ashchurch in the county of Gloucester.

Item. I give and devise unto my said wife Paulina all those my two grounds of inclosed Greensward called Fletchers Grounds als Fletchers Ridgeways with the meadow thereunto adjoining and belonging which I lately purchased of one John Mills of London, Gentleman, lyeing and being in Walton Cardiffe in the said County of Gloucester. To hold to her heirs and assigns for ever provided nevertheless that my wife shall immediately upon my death surrender and yield up her settlement or jointure as to the other Lands called Veysey? Lands als Newton fields therein mentioned and confirmed which are herein after otherwise disposed of, to my brother his Heirs and assignes my will and meaning is that the two lands before mentioned seized to her and her heirs of the said Pages Tirles and Fletchers grounds als Fletchers Ridgeways and the meadow thereunto adjoining called Fletchers meadow shall be void frustrate and of none effect to all intents and purposes my devise word sentence herein before contained to the contrary notwithstanding.

Item. I give and devise to beloved brother Nicholas Smithsend his Heirs forever all that my piece of Greensward or pasture called Vesey? lands lyeing and being situate in the Parish of Ashchurch aforesaid in the said Countie of Gloucester.

Item. I give and devise unto my said brother Nicholas Smithsend to his heirs forever all that the moyety of the Estate at Fiddington now in possession of my Uncle and Aunt which I hold in Revercon after the death of my said Aunt by vertue of the last will and testament of my late grandfather deceased.

Item. I will and direct shall be paid unto my said Brother the sume of One Hundred Pounds now remaining in the hands of my said Uncle and Aunt being a legacy left me by the last will and testament of my said late Grandfather deceased, condition nevertheless and upon this special provision that he my said brother shall with the utmost expedition next after my decease either by sale of the lands or otherwise and application of the one hundred pounds shall pay and discharge the severall Bonds and Notes herein after mentioned.

After such payment the remaining to be and remane to him the said Nicholas Smithsend his heirs and assignes for ever.

Item. And my particular will and desire is that none of my friends will be prying or inquisitive how these several sumes have been employed it being a matter I am willing shall bye a secrett in my owne brest but I hope that all my friends will as far as in them lyes agree to secure my reputation.

Item. I give unto my said dear Brother all the Law books in my studdy and my violins and music books of all [ --- ] and my sword and Guns.

Item. I give and bequeath unto my loving sister Elizabeth Smithsend Tenn pounds to buy her mourning which I order to be paid to her one yeare after my decease by my wife.

Item. All the reste of my Goods Chattels and personal estate whatsoever I give dispose and bequeath unto my said wife Paulina Smithsend who I hereby make my sole executrix of this my last will and testament desiring t be buryed in the Parish Church of Ashchurch in a grave separate from any other.

In witness whereof I have to this my last will and testament containing four sheets all my owne handwriting each sheet signed with my owne hand sett my hand and seale hereby declaring all former wills and codicils by me at any time before void and this to be my last will and testament the elevnth day of May in the third year of the reign of our Sovereigne Lord King George over Great Britaine.

Thomas died aged only 26 on the 17th May 1717 and is buried in Ashchurch beside his wife.

Paulina Wynde (1694-1735) married Thomas in about 1716. The Wyndes were a titled family and a crest based on the Wynde crest appears on the memorial for Thomas and Paulina in St Nicholas, Aschurch. The Gloucestershire antiquarian Samuel Rudder saw it in 1779 and described it as follows.

Part per pale. 1. A bend wavy 2. A chevron between three griffons heads erased. No colours expressed in the Sculpture. Under the Scutcheon a memorial for Thomas Smithsend of Tewkesbury, who died in 1717, and for Paulina his wife who died in 1735

Paulina made a will on the 25th October 1734 and probate was granted to her brother James Wynde on the 24th November 1735. In the will she left some land in Ashchurch to her nephew John Wynde (son of her brother James Wynde). She also made bequests to Arthur and William Wynde, James' other sons.There were also bequests to Elizabeth Jones, Paulina Wheeler, and Rachell Wynde daughters of her brother Charles Wynde and bequests to Deborah Duruford and Paulina Wynde daughters of her brother John and to Paulina Wynde the daughter of her brother James.

Paulina also gave a 'stone table standing in the parlour to Ash Church for a Communion table and desire it may be writt upon it the Gift of Paulina Smithsend' this might be the communion table that is still in the church today and described as 'a good communion table from the 15th century'.

Paulina'a father was Charles Wynde. Paulina died aged 54 on the 25th October 1735 and is buried in Ashchurch.

Elizabeth (1694-1734). The daughter of Nicholas and Anne. She was born in November 1694. She is mentioned in her brother Thomas' will in 1717and in the will of her older brother Nicholas in 1727. She did not marry. Elizabeth died, aged 39, on the 23rd April 1734 and is buried at Ashchurch.

Her brother Nicholas dealt with the Administration as she died intestate and Administration was granted on the 20th May 1734.[84] [85]

[1] Tewkesbury Wills 1543-1600

[2] Tewkesbury Wills 1543-1600, Tewkesbury Churchwardens Accounts 1563-1624, GRO: D322/T2

[3] GRO: D6755 - Lease of land to Nicholas Smithsend 1567

[4] GRO: D6755, BGAS Vol. 32. 1909

[5] Tewkesbury Churchwarden Accounts 1563-1624

[6] GRO: Gyles Geast Charity Book

[7] J Smyth, Men & Armour for Gloucestershire 1608

[8] GRO: D2957/3/302 (184) - Sale of land involving Nicholas Smithsend 1583

[9] Tewkesbury Wills 1543-1600

[10] GRO: D3112 (2)

[11] Tewkesbury Wills 1543-1600

[12] IGI - Gloucestershire

[13] J Smyth, Men & Armour for Gloucestershire 1608

[14] List of apprentices. They lived in Tewkesbury, 'Tewksburian'

[15] GRO: D760

[16] IGI - Gloucestershire

[17] GRO: Will of Nicholas Smithsend 1615. D3112 (2), IGI Gloucestershire

[18] Tewkesbury Churchwardens Accounts 1563-1624, GRO: D322/T2

[19] GRO: D3112 (2), GRO: D1727

[20] GRO: GDR 1625

[21] GRO: D2957/3/302 (188) Quitclaim involving Nicholas Smithsend 1615

[22] PRO: PCC Will of Nicholas Smithsend 1624

[23] Inquistion Post Mortems Gloucestershire 1625-1635

[24] Inquistion Post Mortems Gloucestershire 1625 - 1635

[25] GRO: D3112 (2)

[26] Tewkesbury Wills 1601 -1700

[27] IGI - Gloucestershire

[28] Tewkesbury Churchwardens Accounts 1563-1624

[29] Tewkesbury Wills 1601-1700

[30] Tewkesbury Churchwardens Accounts 1563-1624

[31] GRO: D3112 (2)

[32] Tewkesbury Wills 1601-1700

[33] GRO: D3112 (3)

[34] PROB 4/16880 - Smithsend John of Tewkesbury, Gloucs, Batcheler, Sep 24 1681, Admon

[35] GRO: Will of Thomas Smithsend 1662

[36] IGI - Gloucestershire

[37] IGI - Gloucestershire

[38] GRO: Notebooks of R Royce D6755

[39] GRO: D3112 (2) - 1638

[40] GRO: D3112 (2) - 1643

[41] GRO: D3112 (2)

[42] Victoria County History - Gloucestershire. Page 241 Vol. 3

[43] GRO: D3112 (3) Receipt to Nicholas Smithsend - 1653

[44] GRO: D3112 (3) - 1653

[45] GRO: D3112 (3) - 1661

[46] Tewkesbury Wills 1601-1700

[47] Tewkesbury Wills 1601-1700

[48] GRO: D3112 (3)

[49] Worcestershire Fines

[50] GRO: D3112 (3) Poor Rate for Walton Cardiff 1675

[51] GRO: D3112 (3) Sale of land to Nicholas Smithsend 1679

[52] GRO: D3112 (3)

[53] GRO: D1727

[54] Tewkesbury Wills 1601-1700

[55] GRO: D3112 (3)

[56] Tewkesbury Wills 1601-1700

[57] GRO: P329 IN 1/6 Tewkesbury Parish Register

[58] GRO: Will of John Millington 1681/82

[59] GRO: They lived in Tewkesbury.

[60] Tewkesbury Wills 1601 - 1700

[61] Dyde, 1790

[62] Bennett, 1830

[63] GRO: Giles Geast Charity Book

[64] They lived in Tewkesbury.

[65] GRO: Giles Geast Charity Book:

[66] Tewkesbury Wills 1601 -1701

[67] GRO: Giles Geast Charity Book

[68] Bennett, 1830

[69]WRO: 705:139 8397. Inventory of Richard Smithsen the elder of Tewkesbury.1684.

[70] GRO: D3112 (3)

[71]GRO: D3112 (3)

[72] GRO: D3112 (3) Poor rate for Walton Cardiff 1699

[73] Worcestershire Fines

[74] GRO D3112 (3) Poor rate for Walton Cardiff 1706

[75] The Ancient and Present State of Gloucestershire. Robert Atkyns, 1712

[76] GRO: D3112 (4)

[77] GRO: Will of Nicholas Smithsend, 1726

[78] GRO: D3112 (4)

[79] GRO: D3112 (4) - Abstracts of Smithsend estate 1746

[80] IGI - Gloucestershire

[81] PRO: C11 2286 64 - 1716

[82] GRO: Will of Thomas Smithsend 1724

[83] GRO: D3112 (3) Summary of Smithsend land c. 1738

[84] GRO: D3112 (3) Administration of Elizabeth Smithsend 1734

[85] Notes:

Wills and Inventories of Tewkesbury Testators 1543-1600, Bill Rennison and Cameron Talbot, Tewkesbury Historical Society, 2000

GRO - Gloucester Record Office

Tewkesbury Churchwardwens Accounts 1563-1624

BGAS - Transactionsof the Bristol & Gloucester Archaeological Association, Vol 32, 1909, pp165-176.

GRO: Notebooks of R Royce. D6755/1/1/21

GRO: Gyles Geast Charity Book D2688

Gloucestershire Men at Arms 1608

J Smyth, Men & Armour for Gloucestershire 1608

GRO D760 Deeds of Tewkesbury and other Parishes

IGI - International Genealogical Index

PRO - Public Record Office

Gloucestershire Inquistiones Post Mortem 1-11 Charles 1 Vol 1 1625-1635

Tewkesbury Wills & Inventories 1601-1700, Bill Rennison and Cameron Talbot, Tewkesbury Historical Society, 1996

They lived in Tewkesbury. P Day

The History & Antiquities of Tewkesbury, W Dyde, 1790

The History of Tewkesbury by James Bennett, re-published by Alan Sutton, 1976, First published, 1830.

WRO - Worcester Record Office