ID: MARG_131

TitleWill of Stephen Smyth of West Mersea TNA PROB 11/10/606
AbstractWill of Stephen Smyth of West Mersea 4 December 1492 transcribed from National Archives document PROB 11/10/606
Transcriber and translator Jools Hoyle 18 May 2020

Transcription
There is a translation to Modern English further down the page

Testamentum Steph[a]ni Smyth

1.   In dei nomine amen the iiijth day of Decemb[e]r the viijth yere [1492] of the Reigne of King Henry
2.   the viith I Stephyn Smyth of West m[er]sey in the Countie of Essex being in helth of body
3.   and hooll of mynde, blessed be almighti god make this my testament conteynyng my last will
4.   in maner and fourme folowing Furst I bequeith my soule unto almighti god our Lady sainte
5.   Mary and to all the holy companye of heven And my body to be buried in the church of saint Petir and Poule in
6.   Westmersey beforesaide in the Crosse Path before the Ymage of our Lady att the side Altar Also I geve and
7.   bequeith unto the high Altar of the saide church x s Item to the high Altar of Litill Wyggeborow church
8.   iij s iiij d Item to the high Altar of Leyar de La hey church iij s iiij d Item to the high Altar of sainte
9.   Giles in Colchestre xij d Item to the high Altar of moche [ie great] Wiggeborow church xij d Item I bequeith
10.   to C prestis [100 priests] ev[er]y of theme iiij d to pray for me in there masse in the day of my burying Item I
11.   bequeith my masse boke Chalys [,] Primer [prayer book or devotional manual] noted processionary [book with musical notation used in religious processions] and my manuell [book of forms for administration of sacraments] with oth[e]r book[es]
12.   which I have in the saide church to the church of Westm[er]sey excepte my prymer which I will my
13.   sonne Robert shall have Also I bequeith to the saide church of Westm[er]sey xx marc[s] to make A wyndow
14.   in the South yle of iij Light[es] and A Light bitwene before o[ur] Lady Altar. Also I bequeith
15.   to the saide church of Westm[er]sey x li to by A Cope and A vestment Item I bequeith to the saide
16.   church vj kene [cows] to fynde vj Light[es] one before the sepulcre of o[ur] Lorde of V lb Wex [wax] ij before
17.   o[ur] Lady on the branche of ij lb wex oon before the Trinite in the Basyn and oon before
18.   sainte [Christ]ofer Also I bequeith to the Frires of Colchestre for iiij Trentall[es] [a trentall is a series of 30 requiem masses] xl s Item to
19.   the Frires of Maldon fo[r] A Trentall x s Item to the Frirers of Sudbury for a Trentall
20.   x s Item I will that Isabell my wife have the place that I dwell in with the Landes
21.   belonging therto that is to sey West Felde too Gores with thre aker[?] ij Est Fe[ld?] Rawlynes
22.   Bokkyng[es] Blynde[ .?] Knott[es] New martlett mede and Tuft[es] mede for terme of her life keping
23.   Reparacion of the same and doying noo Waste and that she kepe her sooll [ie single] And yf that she be
24.   maried and kepe her not sole / than I will that she have but v marc[s] yerely as Long as she
25.   lyvith of the Revennewes of the same place and Landes / And after the deceasse of the saide
26.   Isabell I will that the saide place and Landes before rehersed with all the App[ur]ten[au]nces holy Remayne to
27.   Robert, my sonne whan he co[m]myth to the Age of xx yere And if the saide Isabell dye or be maryed before
28.   the said Robert co[m]me to the Age of xxti yeres than I specially Require my feoffes that they suffre myne
29.   Executours to lett the saide place and Landes beforsaide to ferme till my saide son[ne] co[m]me to the saide
30.   Age of xxti yeres And that they dispose the Revenues of the saide place and Landes during the saide
31.   ferme in dedes of Charitee for the helth of my soule and all my frendis soulles And if the saide
32.   Robert dye before he co[m]me to the Age of xx yeres than I will that Agnes my doughter after the decesse
33.   of her modre [mother] shall have the saide place and Landes for terme of her lyf after the the space of x yeres. And
34.   after her decesse I will that George sonne of the saide Agnes shall have the saide place and Landes
35.   And yf the saide George dye / than I will that Richard Walles sonne of John Walles and Rose his wife
36.   shall have the saide place and Landes . Also I specially requyre my feoffes that they suffre myne execu
37.   to[ur]s to Receyve thissues and profitt[es] of my Landes and te[eneme]ntes called Bowrews genysdown[?] Bokkyng[es]
38.   Silvirley Lyscraft[?] Dawes and Synowrs till my saide sonne co[m]me to the saide Age of xx yeres
39.   to p[er]fo[ur]me this my last will and kepe my saide sonne to scole [ie at school] And than I will that my saide son[ne] Robert
40.   shall have the saide Landes and tenement[es] And yf the saide Robert dye than I will that Rose
41.   my doughter at x yeres ende have the saide Tenement called Dawes for terme of hir life And
42.   after her deceasse I will that the saide Tenement Remayne to Richard hir son[ne] and in like wise I
43.   will that yf the saide Robert dye that Alice my doughter shall have Barowes abovesaide with
44.   all the Appurten[au]nc[es] And I will that ev[er]y of my children abovesaide shalbe others heire And if
45.   all my children dye and have noo issue than I will that all my saide Landes and tenement[es]
46.   be solde by myne executo[ur]s or by thexecuto[ur]s of theym And the money therof to be disposed in
47.   dedes of Charitee that is to sey to churches foule weyes pou[er] peopull And A preste to syng for
48.   me and for my frendes by the space of x yeres Also I bequeith to my Wife x kene lx Ewes lxx
49.   hoggerelles [a young sheep of about 2 years old] lx shepe of ij yere Age iiij horses ij horses A shodde Carte[?] with tharnesse [the harness?] of my
50.   horses And a Tumbrell [in this context, probably a cart that tips, used for dung or similar] Item I bequeith my ten[emen]te called Hunters in Litill Wykborow to
51.   Agnes my doughter and to hir assignes Also I bequeith to Rose and Alice my doughters my te[eneme]nt
52.   in Walton called Brykehouse Londe and Male Londe evenly to be divided bitwext theym And
53.   yf the saide Alice dye or she be maried than I will the saide Rose have all the saide ten[emen]t[es] in
54.   Walton to her and to her assignes Provyded alwey yf it happe the saide Robert dye soo that
55.   the saide te[eneme]ntes called Dawes and Borowes come to my saide doughters Rose and Alice by the
56.   vertue of my saide bequest as it is abovesaide / than I will Immediatly after they be in possession
57.   of the saide ten[emen]tes that myne executo[ur]s sell my saide ten[emen]tes called Hunters and Brykehouse in
58.   Walton and the money therof co[m]myng to be disposed in this wise xx li to the Strode And
59.   to the high weyes bitwext Colchestre and Marsey xx li to Westm[er]sey church to by a hooll
60.   Vestment And xx li to a preste to syng for me and my Fr-es [this looks like 'Frires' where I would expect the word to be 'Friends'] or att Westmersey church soo
61.   that the Vicar calle hym not to kepe his Cure [oversight of parishioners, function as curate - OED] nor to mynystre any sacrament in his church
62.   And if he doo than I will that A yong man A Frire that Will goo to the scole shall have
63.   the saide xx li to pray for me and for my frendes And I ordeyn[e] and make Thomas Upshaw
64.   of Wormingford And John Palmer of Peldon myne executo[ur]s And M[aster] Henry Tey of
65.   Holdholte to be Sup[er]viso[ur] And he to have xl s for his Labo[ur] In Witnesse wherof I
66.   have sette my seall Yeven the day and yere abovesaide These being witnesse [names omitted on Probate Register copy]

Notes from Sue Howlett about the people mentioned in this Will

Stephyn Smith (Yeoman of West Mersea):
1) National Archives CCC-DCc-ChAnt/B/234A/30 1482, lease of Bocking Manor, West Mersea, To Stephyn Smith & two others, from Canterbury Cathedral Priory for term of £20 years at £8 per year (+ £20 as security), to include hay from the meadow.
2) National Archives CCC-DCc-ChAnt/B/234A/29, lease of land from Canterbury Cathedral Priory includes reference to the late Robert Smith (Stephen's father?)
3) National Archives C146/2443

Henry Teye of Holdholte
1) National Archives E 328/264 Indenture of Agreement (1522) names Thomas Tye Esq, of Holdholt, Essex, concerning dispute concerning manors of Peldon and Abberton

The National Archives ref: PROB 11/10/606 The will of Stephen Smyth of West Mersea Translated by Jools Hoyle January 2022 (Checked by SH)


Translation to Modern English
Testament of Stephen Smyth

1.   In the name of God, Amen, the 4th day of December in the 8th year of the reign of King Henry
2.   VII (1492), I Stephen Smyth of West Mersea in the county of Essex, being in good health
3.   and of sound mind (blessed be almighty God), make this my testament containing my last will,
4.   in manner and form following: First, I bequeath my soul unto almighty God, Our Lady Saint
5.   Mary and to all the holy company of heaven, and my body to be buried in the church of Saint Peter and Saint Paul in
6.   West Mersea aforesaid, in the cross path in front of the image of Our Lady, at the side altar. Also, I give and
7.   bequeath to the High Altar of the said church 10s. Item: To the High Altar of Little Wigborough church,
8.   3s. 4d. Item: To the High Altar of Layer de la Haye church 3s. 4d. Item: To the High Altar of Saint
9.   Giles in Colchester 12d. Item: To the High Altar of Great Wigborough church 12d. Item: I bequeath
10.   to 100 priests, each of them, 4d. to pray for me during their mass on the day of my burial. Item: I
11.   bequeath my mass book, chalice, primer, noted processionary and my manual with other books
12.   which I have in the said church to the church of West Mersea, except my primer, which I will that my
13.   son Robert shall have. Also, I bequeath to the said church of West Mersea 20 marks (£13 6s. 8d.) to make a window
14.   in the south aisle of 3 lights (i.e., 3 window panes) and a light (a candle) between, before Our Lady's altar. Also, I bequeath
15.   to the said church of West Mersea £10 to buy a cope and a vestment [Note 1]. Item: I bequeath to the said
16.   church 6 cows to fund 6 candles: one before the sepulchre of our Lord of 5lb of wax, 2 before
17.   Our Lady (on the candelabrum) of 2lb of wax, one before the Trinity in the basin [Note 2] and one before
18.   Saint Christopher. Also, I bequeath to the Friars of Colchester for 4 Trentals [Note 3], 40s. Item: To
19.   the Friars of Maldon for a Trental, 10s. Item: The Friars of Sudbury for a Trental,
20.   10s. Item: I will that Isabell, my wife, have the place that I dwell in with the land
21.   belonging to it - that is to say, West Field to Gores, with 3 acres, 2 East Field, Rawlynes,
22.   Bocking, Blind Knights, New Martlett Meadow and Tufts Meadow for the term of her life, keeping
23.   them in good repair and doing no damage, provided that she remains single. If she should
24.   be married and no longer single, then I will that she should only have 5 marks a year as long as she
25.   lives from the income from the same place and land. And, after the death of the said
26.   Isabell, I will that the said place and lands already mentioned, with all their appurtenances i.e., all of the rights and dues accruing to it) wholly remain to
27.   Robert, my son, when he reaches the age of 20 years. If the said Isabell should die or remarry before
28.   the said Robert reaches 20 years of age, then I expressly require my trustees to direct my
29.   executors to let the said place and land named before out for rent until my said son reaches the said
30.   age of 20 years, and that they dispose of the rental income from the said place and land during the said
31.   rental in deeds of charity for the health of my soul and all my friends' souls. And, if the said
32.   Robert should die before reaching the age of twenty years, then I will that Agnes, my daughter, after the death
33.   of her mother, shall have the said place and land for the term of her life after 10 years has passed. And
34.   after her death I will that George, son of the said Agnes, shall have the said place and land.
35.   And if the said George dies, then I will that Richard Walles, son of John Walles and Rose, his wife
36.   shall have the said place and land. Also, I expressly require my trustees to ensure that my executors
37.   collect the income and profits of my land and properties called Bowrews Genysdown?, Bocking
38.   Silvirley Lyscraft? Dawes and Synowrs until my said son reaches the age of 20 years;
39.   that they perform this my last will and that they keep my said son at school (i.e., that they fund his education and upkeep). And then I will that my said son, Robert,
40.   shall have the said land and properties. And, if Robert dies, then I will that Rose,
41.   my daughter, at the end of 10 years, have the said property called Dawes for the term of her life. And,
42.   after her death, I will that the said property remain to Richard, her son, and, likewise, I
43.   will that if the said Robert dies, that Alice, my daughter, shall have Barowes abovesaid with
44.   all its appurtenances. And I will that all of my abovementioned children shall be the others heir and, if
45.   all my children die without issue, then I will that all my said land and properties
46.   be sold by my executors or by their executors and the money raised therefrom to be used in
47.   deeds of charity; that is to say to churches, muddy/impassable tracks [Note 4], poor people, and a priest to sing (prayers etc) for
48.   me and for my friends for 10 years. Also, I bequeath to my wife 10 cows, 60 ewes, 70
49.   young sheep, 60 2 year old sheep, 4 horses, 2 horses, a cart with metal shod wheels, with the harness of my
50.   horses and a tipping cart (such as one used for dung). Item: I bequeath my property called Hunters in Little Wigborough to
51.   Agnes, my daughter and to her assigns (i.e., anyone to whom the property has been legally transferred). Also, I bequeath to Rose and Alice, my daughters, my property
52.   in Walton called Brickhouse Land and Male Land, to be divided evenly between them. And,
53.   if the said Alice dies or has married, then I will that the said Rose shall have all the properties in
54.   Walton for herself and her assigns, provided that if the said Robert dies so that
55.   the said properties called Dawes and Borowes come to my said daughters Rose and Alice by
56.   virtue of my bequest above, then I will that immediately after they take possession
57.   of the said properties, that my executors shall sell my said properties called Hunters and Brickhouse in
58.   Walton and the money from the sale be used in this way: £20 to the Strood and
59.   to the highways between Colchester and Mersea. £20 to West Mersea church to buy a whole
60.   vestment, and £20 to a priest to sing for me and my friends or at West Mersea church so
61.   that the Vicar orders the priest not to function as a curate, nor to administer any sacrament in his church
62.   and if he does, then I will that a young man, a friar, willing to study, shall have
63.   the said £20 to pray for me and my friends. I ordain and make Thomas Upshaw
64.   of Wormingford and John Palmer of Peldon my executors, and Mr Henry Tey of
65.   Holdholte to be supervisor, he to have 40s. for his trouble. In witness whereof I
66.   have set my seal, given the day and year abovesaid. These being witnesses (names omitted)

Note 1 an article of clothing worn by the clergy whilst conducting a service, but may sometimes mean a complete set of clerical garments
Note 2 We do not know for certain what"the Trinity in the basin" means. In a personal communication, Dr Heather Falvey made two possible suggestions: that "the light before the Trinity was set in a basin, rather than the Trinity being in the basin. (But there are instances in Logge where a basin has a design inside at the bottom, eg will 196 'a large flatt basyn of silver with a gilt holy lambe in the botome',  so this could be a basin with a picture of the Trinity in the bottom.)"
Note 3 A Trental was 30 Requiem masses, so 120 in total
Note 4 It is not easy to define 'foul ways', although the meaning is clear. Roads and footpaths were not made up, and potholes, ruts etc were only repaired with gravel by benefactors or landowners when they became impassable. Many wills of this period include bequests towards improving roads, such as 'the way between my house and the church'.

Keywordspeter, paul, friars, bocking, blind knights
Published4 December 1492
SourceMersea Museum
IDMARG_131