The Will of Sir Thomas Smyth

'............ to be buried at Theydon Monte with such ceremony as shall please my executors, having rather regard to the relief of the poor than to extreme manner of mourning not becoming Christians.

The ready money and debts owing me and all my chains of gold and 1000oz of my gilt plate and more if needed be / will that they be bestowed on the finishing of my house at Hill Hall and of a tomb to be made for my wife and me according to the plat and design which I have made by Richard Kyrbie's advice i would have followed in the finishing of building and tomb, and all brick, timber, chalk, sand and all other stuff that I have prepared I would have employed to that use and none other, until they be perfected, which if my executors do not see perfected with as convenient speed as they may, I will that none of them take benefit by this my last will but he or they only which effectually do see that dorne and my house perfected and the ways after amended.

All kine²⁵, oxen, sheep, plough and cart, horses and all such chattels as I have at Theydon at Monte at the time of my death called my stock at Hill Hall or Monte Hall which was at the last accounts £430 or thereabouts and brought now to £300 and odd pounds by lavishing and expense this Christmas as shall appear by the bailiff's accounts, besides swine and the com sown upon the ground and all my wheat, malt and bargains of malt, hops and other such provision I give to my wife, the better to help her to keep house and upon condition she do maintain, until my building be fully fumished and the ways about the house and amended, so many teams as be now occupied about carriages therefore effectually and upon condition that what shall remain of my said stock at the time of her decease, and the corn sown by her upon my grounds, do remain to my brother George or such as by my devise shall succeed her in Monte Hall.

Likewise I give to my wife all her apparel, jewels, chains of gold, all such bedsteads and bedding, all goblets, bowls and other plate which she brought with her from Hampden (co. Bucks)to dispose at her will and pleasure and more to the furniture of her house. I will she shall choose out 700oz of such of my plate gilt or ungilt as she shall think will best serve her turn. The which 700oz I give to my brother George or to him who shall succeed him in my manor of Theydon at Monte, and also all the bedsteads, beds and furniture of the which be now in my new building. and all made at my charge, upon condition nevertheless that he do suffer my wife during her life to have the occupation of them for her friends and mine in my house, but not to sell nor alienate them away .. and that my brother George do leave two third parts thereof to him that shall succeed him in Theydon at Monte, giving securities to my nephew John Wood and his heirs, and so each successor to do to his successor.

All household stuff, linen, beds, hangings etc., that do belong to Ankerwicke (Co. Bucks) and so hath been appointed I give to my brother George to supply the taking away of such things as came from Hampden which my wife may dispose of the instant that the House of Monte Hall, or Hill Hall be not disfumished, upon condition that he leave two thirds part thereof to him that shall succeed him in Theydon Monte and so each successor to leave to other.

All mine apparel which I have at home at the time of my death or else at the Court or at my house in Cannon Row or Fleet Lane, (except one gown of mine which my wife will choose and one piece of wrought velvet which too I give to my wife) and all household stuff and implements there I will that it be sold and the money thereof bestowed in paying the legacies made to my servants and the rest in reward of my ordinary and household servants, and specially those whom my wife doth mind to keep, not equally but according to their longer more diligent and faithful service (besides whom I shall especially name to be specially rewarded I refer to the discretion of my wife and my executors to reward the rest according as is before)

To my nephew John Wood the lease and all the rest of the years which I have of the Clothworkers of the houses in Flete Lane my indenture. Out of my lease of the Parson (age) of Theydon Monte the interest of the two parson's Closes now in the occupation of Walter Rawlins to him whom by my devise I do assign Synners and Bennettes unto, paying such rent yearly in discharging the parson's rent as is now paid, out of which lease of the parsonage I give to my wife so many years as she shall live. The rest to him or them that shall succeed her in Monte Hail.

Whereas I have appointed Richard Kyrkebye to be the Chief Architect, Overseer and Master of my Works for the perfecting of my house according to the plan, I give to him over and besides the wages for himseif and his two Apprentice Carpenters for that work of Carpentry for the Overseeing of my works £20 to be paid as soon as my new house is tiled and all carpentry work for the setting of it up done there, and to his marriage a Silver Salt, 12 Silver Spoons and 1 Silver cup to drink wine in, such as my wife and my two Executors shall appoint.

Executors of this my last will I do make my brother George Smyth and my nephew John Wood, and supervisor thereof Mr Henry Archer, to whom for his Labour I do give £20 to see things done in good order.

All the rest of my plate not appointed heretofore my house builded, my legacies paid and my funeral discharged, to be equally distributed amongst my three Executors, and if John Dighton will take pains to see the workmen do their work as they ought and see them paid weekly, I give to him for his pains £10 and for his pains in being steward of my House and keeping good Accounts there as I have appointed £10 and to my Cousin Nycholls for painstaking in my matters of law £10.

And because I see that none of these which shall succeed me of long time are leamed I give all my Latin and Greek books to the Queen's College in Cambridge and also my great Globe of my own making, so the Master and Fellows, having warning so soon as I am dead or at least so soon as I am buried or before. the which I would they should have with a true Inventory carried to them of the said Books, do send carts to fetch them away within 10 or 12 days, the which I give upon condition that they chain them up in their library or do so distribute them amongst the Fellows such as will best occupy them, but so that they do it by indenture or condition that when they depart from the College they restore these books to the College, my Titus Livius, Aristotle in Greek and Plato in Greek and Latin, and Tully's works and 10 more of my books which Clement Smyth will choose | will that he have them, but yet on condition that when he doth go from the College, to restore them again to the College, my other little globes also, I give them to Clement Smyth. If the Master and Fellows of the Queen's College will not fetch them away sending some wise man to see them well trussed and packed them I give them to Peterhouse upon like conditions as to Queen's College. If neither of them do it then my Executors to sell them or use them at their discretion.

My standing massive Cup, all Gilt which hath the Seven Planets in the Cover I give to the Queen's Majesty as most Worthy, having all the good gifts endowed of God which be ascribed to the Seven Planets, praying her Majesty to take that simple gift in good worth as coming from her faithful and loving servant.

And if there may be some ambiguity or doubt arise I give Authority to my Executors to add to it to make it more plain with good advice so that they keep my true meaning and sense and none otherwise. My meaning is specially that he that should have Theydon at Mont should be able to keep house there to the relief of the poor and to set neighbours to work.

If there be any ambiguity or doubts about this my Will whereupon my Executors cannot agree I will that they shall stand to the decision and judgement of my cousin Nycholls, Mr Archer and parson Shawe or the more part of them, whom I make the interpreters of this my last Will because I would have no controversy in law made of it.

Reviewed and corrected by me after the death of my nephew William Smyth of Walden and signed to every page, 18 February 1577.

I will that my Executors take charge and care to set some good order betwixt my nephew William Smyth's widow and Skotte's children, and that the children be provided for to be well brought up in the fear of God. Reviewed and amended by me, 10 March 1577 as it is now.

Proved 15h August 1577 by John Wood, reservation to George Smyth, and afterwards, viz 14" May 1580, by him