MRP: Charles Smeaton will

Charles Smeaton will

PROB 11/309 Laud 108-162 Will of Charles Smeaton, Mercer of London 09 August 1662

Editorial history

01/02/12, CSG: Created page

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Abstract & context

Charles Smeaton made his will on November 7th, 1661, when "sick and weake of body." The principal witness to his will was Robert Raworth, who was most probably the Gray's inn lawyer who was a family friend of Sir George Oxenden and Elizabeth Dallison.

Charles Smeaton was a mercer and freeman of London.

He mentioned his wife, Ruth, to him he gave both her rightful one third of his personal estate and a further third of his personal estate.

His childrens' third he divided equally between the six youngest children, who he named as John William Thomas Ruth Jane and James Smeaton. The younger children were all under the age of twenty or twenty-one.

He failed in his will to name his eldest son, Charles Smeaton junior, for whom he had nevertheless initially stood security with his son-in-law, John Pory, on November 6th, 1661, at a Court of Committees of the East India Company. Whether through death, or for other reasons, his name was replaced by that of Henry Hampson, on the security taken up two weeks later by the Committees on November 21st. However, his will was not proved until August 9th, 1662.

He also failed to name his married daughter, whether or not deceased, who had married John Pory, his son-in-law.

Charles Smeaton's will probably shows signs of serious illness, in that he made no bequests to friends or family other than his wife, younger children, and his son-in-law. Rather than reflecting estrangement from his eldest son, it is possible that his will reflected concern to provide for the more vulnerable members of his family. Neverthless, the failure to bequeath any property to his eldest son is most unusual. Instead, he bequeathed his "Messuages lands Tenements and hereditaments in the parish of St Martin in the ffeilds in the County of Middlesex" to his wife "her heires and assignes for ever To the sole and proper use and behoofe of the said Ruth her heires and assignes for ever." Furthermore, he established a trust for his children with his wife and his son-in-law, John Pory, as the trustees, into which he placed substantial real property:

the towne or hamlett of Welborne in the County of Yorke And the Water Mill there called Welborne Mill And all those Two and Thirty Oxgangs of land conteyning by Estmaccon ffive hundred ffoure score and Three Acres whether more or lesse thereof lying and being in Welborne aforesaid or elsewhere in the said County of Yorke Now or late in the tenure or occupaccon of mee the said Charles Smeaton my Undertennants or assignes

AND ALSOE All that Capitall Messuage or Tenem:t in?Groulton (OR, ?Goulton) in the County of York with thappurtenances And and singular Messuages lands Tenements and hereditaments whatsoever in ?Groulton and Welborne aforesaid or else wheresoever in the said County of York

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Suggested links

See 29th September 1663, Lewis Gwin, Robert Barbor and Charles Smeaton to Sir GO, Angdeeva

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To do

(1) Check the transcription

(2) Is Smeaton a Yorkshire name? Was there a manor of Smeaton in Yorkshire?
- It was uncommon in mid-seventeenth century London

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Transcription

This transcription has been completed

IN THE NAME OF GOD AMEN I Charles Smeaton Cittizen and Mercer of London being sick and weake of body but of sound and perfect mynd and understanding (Praysed be God) knowing the certainty of death and incertainty of the tyme thereof doe this Seaventh day of November in the Thirteenth yeare of the
Raigne

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Raigne of our Soveraigne Lord Charles the Second by the grace of God of England Scotland ffrance and Ireland King defende:r of the ffaith xr Anno Dom One Thousand six hundred sixty one make and declare my last Will and Testament in writing in manner and forme following

FFIRST and principally I commend my soule to God that gave it assuredly trusting by and through the meritorious death and passion of Jesus Christ my blessed Saviour and Redeemer to receive a glorious Resurrection among the just My body I leave to the Earth from whence it came to be buried att the discretion of my Executrix hereadter named

ITEM according to the Antient and laudable Custome of the Citty of London whereof I am a ffreeman (After my debts and ffunerall expences paid I give leave and dispose of my goods Chattells and personall Estate to be devided in Three equall parts and portions

ONE third part thereof to Ruth my deare and loveing wife

One other Third part therof To and amongst All my Children Equally betweene them

AND the other Third part thereof I give and devise to my said deare and loveinge wife WHOM I make and ordaine sole Executrix of this my last Will and Testament hereby revokeing All former Wills by mee made

This is the last Will and testament of mee the said Charles Smeaton touching the deposition of all and singular my Messuages lands Tenements and hereditaments whatsoever and wheresoever

FFIRST I give and devise All and singular my Messuages lands Tenements and hereditaments in the parish of St Martin in the ffeilds in the County of Middlesex to my said deare and loveing wife Ruth Smeaton

TO HAVE and to hold the same unto her the said Ruth my wife her heires and assignes for ever To the sole and proper use and behoofe of the said Ruth her heires and assignes for ever

ITEM I give and devise All that the towne or hamlett of Welborne in the County of Yorke And the Water Mill there called Welborne Mill And all those Two and Thirty Oxgangs of land conteyning by Estmaccon ffive hundred ffoure score and Three Acres whether more or lesse thereof lying and being in Welborne aforesaid or elsewhere in the said County of Yorke Now or late in the tenure or occupaccon of mee the said Charles Smeaton my Undertennants or assignes

AND ALSOE All that Capitall Messuage or Tenem:t in?Groulton (OR, ?Goulton) in the County of York with thappurtenances And and singular Messuages lands Tenements and hereditaments whatsoever in ?Groulton and Welborne aforesaid or else wheresoever in the said County of York whereof I the said Charles Smeaton or any other person or persons in Trust for mee are or stand seized of To the said Ruth my Wife and my sonne in Law John Porey Esquire and their heires To have and to hold the same unto the said Ruth my Wife and the said John Pory their heires and assignes To the sole and propser use and behoofe of the said Ruth and John Pory their heires and assignes for ever

UPON specyall Trust and confidence neverthlesse in them the said Ruth my wife and John Pory reposed That they the said Ruth and John Pory shall soe soone as conveniently they may after my death sell and dispose of all and singular the said Towne (sic) Messuages Lands Tenements and hereditments in the said County of York And by and out of the moneyes ariseing by sale thereof My debts shall be paid in the ffirst place and after my debts paid shall Educate and bring up my Six younger Children (viz:t) John William Thomas Ruth Jane and James Smeaton And shall pay att the respective ages of Twenty yeares of the said Ruth and Jane or Marriages which shall ffirst happen And to the said John William Thomas and James Smeaton att their respective ages of One and Twenty yeares such porccon and porccons summe and summes of money out of the moneyes ariseing by sale of the p:rmisses in the said County of York As the said Ruth my wife and the said John Pory or the Survivo:rs of them in his her or their good discretions shall think fitt And that every of the said younger Children shall deserve which I hereby declare shall be bindeing and conclusive to all my said younger Children witout appeale
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IN WITNESS Whereof I the siad Charles Smeaton have to to this my last Will and testament written in Threee sheets of Paper to every sheet sett my hand and to the last of them my Seale the day and yeare ffirst above written.

CHARLES SMEATON.

Signed Sealed published and declared by the above named Charles Smeaton as his last Will and testament the day and yeare first above written In the p:rsence of Robert Raworth William Carpenter George ?Hall Henry Welles

PROBATUM FUIT Testamentum suprascriptum apud London Coram Ven:bli viro duo Willmo Mericke Milite Legum detore Curea Prerogative Cant Magro Custod fine Comiso letime constitute Nono die Mensis Augusti Anno Dom Millimo Sexcentesimo Sexagesimo Secundo Juramento Rutha Smeaton Relicta deli defuncti et Executris in hummoi Testamento XXXX XXX Commissa fuit Administrato omnium et singulare bonore JuXXXX et Creditorum dite defXXXX de bene et fideliter Administrand Ead:m Ad sancta dei Evangelia Jurate Ex:r

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Notes

EEIC, 1660-1663

"... Charles Smeaton, Senior, and John Pory in 1,000/. for Charles Smeaton, Junior…"

"[November 27, 1661] The following securities are accepted : Thomas Green and Thomas Townsend for Gabriel Townsend ; John Pory and Henry Hampson for Charles Smeaton ; Sir William Thomson and M. Thomson for Thomas Sprigg ; Thomas Agg and Benjamin Coles for Francis Thomson.... Sprigg and Thomson are sworn and directed to proceed in the performance of their duties. Order is also given for all porters employed by Seaborne to be dismissed and for Sprigg to engage others in their stead, having regard to old servants of the Company who are suitable"

"[December 18, 1661] The following men are entertained for Surat: John Spiller at 100/. a year to go as second to the President ; John Goodyear at 100 marks a year ; Gerard Aungeir, Charles Smeaton and Strensham Maisters, ' now at Suratt ', at 30/. each a year; Caesar Chamberlen, John Pettit, Charles Bendish, and Richard Francis at 25/. a year ; William Jones, William Blackman, Henry Chune, and Henry Oxinden at 20/. a year."

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EFI 1665-1667

"…at Karwar (Robert Master, Philip Giffard, and Caesar Chamberlain), at Porakad (John Harrington and Alexander Grigby), and at Calicut (Charles Smeaton and Robert Barbor"

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EFI 1668-1669

"and towards the end of 1666 Smeaton and Barbor, the two merchants at Calicut, finding it impossible to satisfy the demands of the Zamorin for further loans of money, had fled secretly to Tanur, a place on the sea-coast twenty miles to the southwards, where the local chief..."

"…Smeaton was to be sent to Surat as "altogether unfit"

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EFI 1670-1677

"Charles Smeaton, an "able accomptant," was sent down to keep the books and succeed Giffard (sic) as his "Second" in Council [The Bombay Council, second to Aungier], but died within two months of his appointment"

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Legal dispute, 1648: Charles Smeaton, mercer vs. Lady Anne Lake

"25 May 1648 -- Petition of Charles Smeaton, mercer, of London. Prays for further time to put in his answer to the petition of Lady Anne Lake. Lords Journals, X. 282.
Annexed:
1 Plea and answer of Charles Smeaton to the petition of Lady Anne Lake."

- Lady Anne Lake was possibly the widow of Sir Arthur Lake
- Great Dunmow, Essex, was sequestered from Lady Anne Lake in the early or mid-1640s

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St. Paul's School, Admissions Register

"[Was Charles Smeaton a benefactor?] 1655-56 Charles Smeaton"

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Thomas Rastell: Mr. Smeaton, 1663

"I begg from you of a few words in answer, it is to know if ?Girden [Firdon?] Brok:e2 [OR Broke:s] hath satisffied either to yo:e selfe or to M:r Smeaton,3 theare for mee y:d m:a 1329: w:ch was left w:th him by M:r Rob:t Duke4 a:o 1659: to bee retourned to mee by y:e shipp you came home in y:t yeare w:ch I hope hee hath done w:th interest by y:d goods meanes w:ch you will have used; If not I pray S:r lett M:r Smeaton have all y:e Countenance & assistance you can give him for recovery of it"

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Henry Hampson

"HAMPSON, Henry

Co Co Farringdon Within, 1662, 1667-9 Ald Portsoken, 12 Jan 1663/4-23 Jun 1664, disch, F £420 (1) 1st Prec, Christ Church, 1640/1, 1663, Bull and Mouth Street, Aldersgate, 1677, Mitcham, Surr, 1691 (2) MT, appr, 1627, to William Rice of Newgate Market, M, 1664 (3) d Mar 1690/1 (4) Will PCC 54 Vere pr, 28 Mar 1690/1 f Thomas Hampson, HAB, of London, mar Sarah, da of Thomas Dudson of - Berks, and St George, Southwark, and Alice Ironmonger (5) Merchant, EIC stock (6) Landlord of Quakers' meeting house, Aldersgate Street, 1668 (7) Bro-in-law of Edward DUDSON (8)

(1) Beaven, I, p 184 (2) MT, Appr Bindings, XII, f 112, MT, 1663, f 14, Directory, 1677, will (3) Beaven, II, p 96 MT, Appr Bindings, IX, f 324 (4) Will (5) MT, Appr Bindings, IX, f 324, LVP, 1664, p 57 (6) Will, Directory, 1677 (7) Mills & Oliver Surveys, II, p 90 (8) Will of Edward DUDSON"]

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Possible primary sources

C 5/56/72 Smeaton v. Smeaton: Middlesex. 1669
C 5/556/37 Smeaton v. Pory: Middlesex. 1674

- John Pory was the son-in-law of Charles Smeaton senior, a mercer of LondonJo
- hn Pory gave security for Charles Smeaton junior, together with Henry Hampson.

C 6/28/36 Short title: Humphrey v Smeaton. Plaintiffs: John Humphrey and others. Defendants: Susannah Smeaton widow. Subject: personal estate of the deceased Thomas Smeaton, of London. Document type: answer, schedule. 1664
C 6/593/114 Short title: Humphrey v Smeaton. First plaintiff: Humphrey. Defendants: Smeaton. Document type: bill only. [1649 - 1714]

C 10/39/135 Dame Anne Lake v Charles Smeaton: unspecified messuage and others. Answer 1647

E 367/770 Smeaton, Charles: A messuage called Halton and lands in St. Dominick. 1651

PROB 4/13777 Smeaton, Thomas, of St. Andrew, Holborn, Citizen & Merchant Taylor of London 1667 8 [?Apr.]

PROB 11/133 Parker 1-73 Will of Roberte Porye or Porey, Mercer of Saint Mary Magdalen Milk Street, City of London 30 April 1619
PROB 11/309 Laud 108-162 Will of Charles Smeaton, Mercer of London 09 August 1662
PROB 11/324 Carr 59-116 Will of Thomas Smeaton of Merchant Tailor 06 May 1667

PROB 11/404 Will of Henry Hampson, Merchant of London 28 March 1691