Descendants of Richard Smithsend & Anne Whithorne (London)

This is the history of the Smithsend family who originate in Tewkesbury in the 14th century. These are the ancestors of the Smithin family in Pershore. This document describes the branch of the Smithsend family that settled in London in the 18th and 19th centuries. This includes two very interesting brothers Richard & Nicholas Smithsend who became Captains for the Hudson Bay Company; both led very adventurous lives.

Many thanks to the other researchers involved. Judith Valenzuela, Jill Evans, Bob O'Hara, Irene Greatorex, Scott and Gladys Macdonough

Dates before 1751 are based on the Julian calendar. In some cases the calendar used by the source is not clear so dates from 1st January to 25th March are may refer to one year or the other, e.g. 1705/1706.

Contents

The descendants of Richard Smithsend & Anne Whithorne ...... 2 Richard Smithsend (1652-1716) ...... 2 Richard Smithsend (bd.1697) ...... 20 Elesabeth Smithsend (b.1702) ...... 20 Sarah Smithsend (1704-1728) ...... 20 Conway Smithsend (b.1654) ...... 20 Anne Smithsend (b.1659) ...... 20 Elizabeth Smithsend (c.1658) ...... 21 Nicholas Smithsend (1663-1730) ...... 21 John Smithsend (1665-1725) ...... 42 Sarah Smithsend (b.1667) ...... 47 Mary Smithsend (b.1669) ...... 47 Susanna Smithsend (1671-1672) ...... 48 Thomas Smithsend (1673-c.1730) ...... 49 Mary Smithsend (1708-1766) ...... 52 Ann Smithsend (c.1709) ...... 54

Descendants of John Smithsend (1665-1725)...... 54 John Smithsend (bd.1693) ...... 54 Richard Smithsend (bd.1694) ...... 54 Edward Smithsend (1695-1758) ...... 54 Conway Smithsend (b.1697) ...... 59 Jane Smithsand (d.1703) ...... 59 John Smithsend (c.1704-1729) ...... 59 Nicholas Smithsend (1709-c.1748) ...... 59 Mary Smithsend (1733-1735) ...... 60 Esther Smithsend (1735-1797) ...... 60 Anne Smithsend (c.1712) ...... 60 Katherine Smithsend (c.1714-1748)...... 60 Hester Smithsend (1716-1754) ...... 61 Richard Smithsend (c.1710-1782) ...... 61 Richard Smithsend (c.1738-1798) ...... 62 John Smithsend (b.1739) ...... 62 Sarah Smithsend (b.1743)...... 62 Mary Smithsend (bd.1746) ...... 62 Mary Smithsend (b.1748) ...... 62 Elizabeth Smithend (b.1750) ...... 62 James Smithend (c.1752)...... 62 Ann Smithend (b.1779) ...... 62 John Smithend (b.1782) ...... 62 Edward Smithsend (1755-1829) ...... 62 James Smithsend (b.1772) ...... 63 Sarah Smithsend (b.1781 ...... 63

1 Nicholas Smithsend (1761-1837) ...... 63

The descendants of Richard Smithsend & Anne Whithorne

Richard Smithsend married Anne Whithorne in Tewkesbury in about 1653. His father was Nicholas Smithsend (1615-1697) who was a prominent landowner in Walton Cardiff and Tewkesbury. The Whithorne family had a house in London and maybe this lead to some of their children living and working in London. There always seem to have been close links between the Smithsends in London and Tewkesbury.

Full details of Richard Smithsend and Anne Whithorne are in a separate document.

Richard Smithsend (1652-1716). The son of Richard Smithsend and Anne Whithorne. He was born in 1652, probably in Tewkesbury.

Richard was mentioned in the Will of John Higgins in 1662; his aunt Elizabeth's husband.1

Alsoe I doe give unto Richard Smithsend the sone of Richard Smithsend the lower tenement with the garden lying next to Avon now in the occupation of John Cooke.

Richard was also mentioned in the Will of his aunt Elizabeth who died in 1665.2

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.

Richard was listed on a Gloucester marriage allegation in 1680.

Richard Smithsend, Mariner, aged 28 with Sarah Guy, aged 27, on the 17th August 1680, at Twining or Ashchurch.3

Richard married Anne Guy (b.1653) in Tewkesbury on the 19th August 1680.4 5

19 July 1680, Richard, s. of Richard Smithsend, Gent, marryed to Anne, d. of Anne Guy of ye Woolpak, Widow

In 1684 Richard was apparently in debt and a John Hine bought a civil case against him, his father, and Conway Whithorne (probably the brother of Richard's mother, Ann Whithorne) and others in the High Court (Court of Equity).6

Richard owned a half share in a ship called the Thomas and Richard and the other half was left to John Hine in a Will - but John Hine claimed that this had been rendered worthless because most of the moveable items and rigging etc. of the ship had been sold by Richard, or taken by others, to settle Richard's debts.

Hine versus Smithsend and Whithorne 28th Oct 1684 Marsham To the Right Honourable Francis Lord Guilford Lord Keeper of the Greate Seale of England 7

Humbly complaining herewith unto your Lordship your dayly orator John Hine of the Parish of Bristoll Grocer that whereas John Walls of the said Parish of Bristoll merchant being about three years since lawfully possessed and interested of and in the moiety of one full halfe parte of the good shippe called the Thomas and Richard of Tewkesbury with the moiety of all her tackle furniture and appurtenances.

2 Did by his deed poll of assignment under his name and seale bearing the date on or about the one and twentieth day of January, which was in the three and thirtieth year of his now Majesties reigne over England, for the considerations therein mentioned bargaine sell and deliver unto your orator all that the said one moiety of the said shippe.8

And of all her masts sailes yards anchors yards ropes boate oares stores tackle apparell and furniture whatsoever to the said Shippe belonging or in any wise appurteining. To have and hold take and receive the said moiety of the said shippe and premises for your orator his Executors, Administrators and Assignes as his and theire owne Goods and chattles.And to his and their own use and behoof forever.

As by the said deed poll under the hand and seale of the said John Walls and ready to be produced into this Honourable Court to which he refereth himselfe may more fully and att large appear. By vertue of which said bargain and sale soe made to your orator by the said John Watts as aforesaid he your said orator became lawfully and rightfully possessed and interested of and in all the said moiety of the said shippe and premises and well hoped he should have quickly and practably held and enjoyed the same accordingly.

But soe it may please your Lordshippe that Richard Smithsend the Younger of Tewkesbury aforesaid, Mariner, being or pretending himselfe to be an owner of the other moiety or halfe parte of the said shippe and premises and entering into a combination and confederacy to and with Conway Whithorne of Tewkesbury aforesaid, Doctor in Physike, and Richard Smithsend the Elder of Tewkesbury aforesaid, [Maultster] and diverse others persons unknown to your orator, (whose names when discovered your orator prayeth may be [indicted] and they made parties to this Bill with apt words to charge them as defendants) how to defraud and defeate your orator of his said moiety of the said shippe and premises.

And takeing advantage of your orators remote living from Tewkesbury aforesaid [viz] in the said Citty of Bristoll which is above forty miles from there. Did about a yeare since uppon the saide shippes arrivall att Tewkesbury aforesaid make several fraudulent bills of sale of the said Shippe and premisses to the said confederates or some or one of them whoe by vertue thereof or of some [xxx] claime or pretence thereby devised therefrom.

And particularly the said Conway Whithorne did in the night time and att other times privately take from the said shippe and possess him and themselves of all the riggins sailes cables anchors guns masts yards oares and stores furniture and appurtenances whatsoever belonging or appertaining to the said shippe (leaving only the base hull of the said shippe lying as a wrecke). And doe controle keepe and retaine the same from your orator.

Sometimes pretending that your orator hath not nor ever had any manner of title to the said shippe and premisses or that if he ever had any yet that he your said orator gave the said confederates or some or one of them power to dispose of the same.

And that the said Whithorne claims the same by or under such power, or, that he tooke the same in satisfaction of a debt due to him from the said confederates or some or one of them. And he hath lawfully seized on the said tackle and appurtenances of and belonging to the said shippe.

And att other times all the said confederates disowne and utterly deny that they or any or either of them have or hath or ever had any of the said cables sales yards anchors guns and other furniture whatsoever of or belonging to the said shippe but [declare] the same was stole away by beggers by degrees by persons unknowne for want of a [person] to looke after the same.

All which pretences the confederates well know to be false and untrue but by such and the like waies and meanes your orator is like to be deprived of his moiety of the said furniture of and belonging to the said shippe being worth about sixty pounds and consequently of his part of the said shippe. For want thereof the said hull of the said shippe lying as a wrecke as aforesaid.

Unless relieved in this Honourable Court before your Lordshippe by the oathes of the said confederates in [tender] consideration thereof. And for as much as your orator hath not any remedy by the strict rules of the common Lawes of this nation to be relieved in the premisses not being able to

3 disprove or prove which of the said confederates carried and conveyed away the said furniture and appurtenances of and belonging to the said shippe. Nor to whose use or possession the same is come. Nor by what authority or means if so soe came all the passages and transactions aforesaid being [acted] transacted and done in private between the said confederates.

And if your orator did know yet he cannot maintaine and Action att Law in his own name for the same premisses against such taken without the other owner or owners of the said Shippe and premisses who threaten to disowne and release any action or suite that shall be brought in his or their name or names touching the premisses soe that youre orator is utterly [remedilesse] unless relieved in this Honourable Court this being the only proper court for discovery of secrett and clandestine frauds and abuses of this nature.

To the end thereof that the said Richard Smithsend the younger Richard Smithsend the Elder and the Conway Whithorne and others the said confederates when discovered my severally and respectively on their severall and respective coporall oathes and true direct and perfect answers make to all and singular the said premisses and may more [particularly] discover whether the said John Watts was not formerly an owner of the one halfe part of the said shippe and premisses and whether he did not att the time herein before sett [forth] or any other, ([xxx] bargaine and sell the same and his right and interest to youre orator by such deed as is herein before sett forth) and what previously.

And that all the said confederates may likewise on their said oathes discover whether they or any or either and which of them are or pretend to be part owners of the said shippe and premises and of what part and parts respectively how long they or either of them have or hath beene such part owner or part owners of the said shippe and premisses respectively.

And how and uppon what considerations really and bona fide they or either of them came to be such part owners what bill or bills of sale they the said confederates or either of them have or hath made of the said shippe and premisses to each of those and which or to any other person or persons whatsoever and to whom by name since January One thousand six hundred eighty one and on what consideration really and bona fide or uppon any and what halfe or halfs particularly and to what end and purpose.

And that all the said confederates may likewise on their said oathes discover what is become of the riggins sailes cables anchors guns masts yards and oares stores furniture and appurtenances of and belonging to the said shippe and of every or any part thereof whoe carried removed and conveyed away the same from there and by whose order and by what authority particularly whoe housed and received the same.

And whether the said Conway Whithorne did not pretend a title to the said [anchors] and tackle of the said shippe by vertue of a seizure for rent due to him from the said Richard Smithsend the younger and whether he did not forbid the sherriffes bailiffes to take the said Anchors and tackle when they came to leavy an execution upon the goods of the said Richard Smithsend the younger.

And that the said confederates may sett forth in whose custody and possession the same of any and what parte thereof hath been took since and now is whether it was not removed in the night and secretly to prevent your orator having any knowledge thereof and why they carried the same soe privately what all the furniture of the said shippe is or was worth to the utmost of value and to whome sold whom removed from thence or att any time since and for what.

And that the said confederates may make good the one full moiety thereof to your orator with his damages sustained by reason of the premisses aforesaid the said hull of the shipe being now not worth one halfe soe much as she was when unrigged by reason of her lyeing as a wrecke as aforesaid and that your orator may be relieved in all and singular the premisses attending to Equity and good conscience may it please your Lordshippe to grant unto your orator his Majesties most gracious writt of [Subpoena] to be directed to them the said Richard Smithsedn senior, Richard Smithsend Junior and Conway Whithorne thereby commanding them and every of them att a certaine day and under a certaine paine therein to be limitted and personally to be and appear before your Lordshippe in this Honourable Court of Chancery then and there to answer the premisses and further to stand to and abide such order and direction therein as to your Lordshippe shall seem meete and your orator shall ever pray.

4 Jno. Thomas

In reply Conway Whithorne said that he knew Richard Smithsend the Younger was in debt as he owed rent to Conway himself and as a result of a writ raised by Conway a Bayliff did come and take away some of Richard's possessions including some shipping gear but this was not necessarily from the ship in question and nothing to do with Conway or any of his colleagues.

This is probably the suit that was raised at Gloucester in 1684.9

Inventory of the Goods of Richard Smithsend - 1684 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

A Particular of the goods and Chattels of Richard Smithsend, the parish of Tewkesbury in the County of Gloucester. Inventory taken in ----- at the suite of Conway Whithorne Gent., by Charles Jones Esq, High Sheriff of the County of Gloucester and appraysed the 24th day of October Anno Domini 1684. Among the ----- seale by Richard Neast, Gent., and Richard Sweets, Cordwayner, as follows.

Imprimis - One table board and chairs ...... 8s 1d Twelve old ...... 6s Six old ...... 3s One Side Cupboard ...... 2s Five old Carpetts ...... 5s Two bedsteads, Curtains ...... 18s Three ffeather bedds, five bedsteads ...... £6 3s Three ffeather pillows ...... 7s One side table ...... 1s 6d One ----- and one Chest ...... 8s Nine pair of sheets ...... £1 18s Three table cloths and one dozen napkins ...... 3s Three ----- and one cupboard cloth ...... 2s 6d Four ...... £1 6d Eight blanketts ...... 12s Two sheets ...... 1s Four sheets ...... 1s Two ...... 11s One ffeather bed more ...... 10s One ffeather bed, one flock bolster ...... 6s Two more bedsteads ...... 3s Two more ffeather beds ...... 12s Two ffeather bolsters ...... 8s 6d One flock bolster ...... 1s 6d One table board and frame ...... 2s 6d One Dresser ...... 2s One ...... 4s One Iron barr, -----, fender ...... 2s 6d Two fine pair sheets one pair ----- ...... 2s One side cupboard ...... 1s Three chairs, Two little stools...... 1s One ...... 5s Four cushions ...... 1s Three sheets ...... 1s Four ...... 3s Six powder ...... 6s 8d Two plates ...... 9d One bason and two chamber potts ...... 2s 6d Two ......

5 Two little half, one powder, salt ...... 1s One little ----- pann...... 9d Two ...... 1s Three ----- brass potts ...... 10s One table and two ----- ...... 4s One spitt and ---- ...... 1s One old ----- ...... £2 Four barrells and ----- ...... 8s 6d One sheet ...... 1s 8d One little old furnace ...... 10s Other linen box and ...... £1 1s ...... ------...... £22 5s 2d

Harbour front Tewkesbury, c.2010

Richard seems to have run away from his debts because soon after this he was in London and joined the Hudson's Bay Company. He was an employee of the Company from 1684-1691.10 11

There is some evidence that he was first on the ship ‘Happy Return’ in 1684 – but this is not clear. If so this must have been for the voyage in May 1684 when the well known French Canadian fur trader and Explorer Peter Esprit Radisson joined the company and went on the Happy Return to the Bay.12

In 1685 Richard was appointed as Mate on the Perpetuana.

27 March 1685, Governor and Committee Minutes, “Richard Smithsend is appointed by this Committee Mate to Edward Hume M[aste]r of the Perpetuana Merchant.”

The Perpetuana and other Company ships set out for the Bay in June 1685. Here is a part of Captain Hume's sailing orders.

25 May 1685 To: Capt. Edward Hume Commander of the Perpetuana Merchant You are with the first faire wind that presents, upon the Receipt of this our Order, to sayle the said Pinck for the North & South Rivers of Port Nellson in Hudsons Bay, indeavouring to keepe Compa. with the Happy Returne, now bounde with you to Port Nellson aforesaid, And with the Success and Owner's Goodwill as farr as your Course leyes.

If it shall happen that you meet any ship or other vessell sayling or Tradeing within the said Bay without Lycence, you are to seize them, together with all Goods which shall be on board the one halfe to the use of his Majesty, the other halfe for the use of the Compa. and to bring them home with you for England and them safely Deliver at our Arrivall here…

Richard's brother Nicholas was also on the Perpetuana. The following summary describes how the ship was captured by the French and Richard and Nicholas taken prisoner to Quebec.

6 In 1685 he [Richard] was mate of the Perpetuana Merchant (Capt. Edward Hume), on which his brother Nicholas Smithsend also sailed. Bound for York Fort the ship was captured in Hudson Strait in July 1685 by Bermen de La Martinière, whose two ships were returning from the Bay to Quebec. The Perpetuana Merchant was taken to Quebec where, despite being imprisoned, Smithsend managed to write to Mr John Hampson about 'the Designes of the French upon Port Nelson the next year'. This letter was read at the HBC Committee meeting held in London on 3 Feb. 1685/86. 13 14

Another report described how one night in July 1685 two French ships had approached and sunk the Hudson Bay Company's merchant ship Perpetuana. 14 men were thrown overboard and several others including Captain Hume and first mate Smithsend were captured for ransom or slavery and the French ships had sailed off towards Quebec.

The first reports came from Captain Outlaw of the Success when he arrived at the Hudson's Bay trading post on the Albany river a few days later as he had encountered the three ships including the Perpetuana on his way into the Bay. There was later some controversy over this because the Company felt that Captain Outlaw should at least have made an attempt to rescue the prisoners. It was also felt that Captain Hume had surrendered rather easily as in another incident a Hudson's Bay Captain had been more cautious when approached and avoided being captured.

A 19th Century account gives some more detail of the encounter. The Pepetuana was part of a fleet of seven Company ships that were sailing to the Bay which had been partially scattered by the ice flows.15 16

At length on the night of July 27, with crews exhausted and the timbers badly rammed, the ships steered to rest in a harbor off Digge's Island, sheltered from the ice drive. The nights of that northern sea are light almost as day; but clouds had shrouded the sky and a white mist was rising from the water when there glided like ghosts from gloom two strange vessels. Before the exhausted crews of the English ships were well awake, the waters were churned to foam by a roar of cannonading. The strange ships had bumped keels with the little Merchant Perpetuana of the Hudson's Bay. Radisson, on whose head lay a price, was first to realize that they were attacked by French raiders; and his ship was out with sails and off like a bird, followed by the other English vessels, all except the little Perpetuana, now in death grapple between her foes. Captain Hume, Mates Smithsend and Grimmington fought like demons to keep the French from boarding her; but they were knocked down, fettered and clapped below hatches while the victors plundered the cargo. Fourteen men were put to the sword. August witnessed ship, cargo, and captives brought into Quebec amid noisy acclaim and roar of cannon … Thrown in a dungeon below Château St. Louis, Quebec, the English captives hear wild rumors of another raid on the bay, overland in winter; and Smithsend, by secret messenger, sends warning to England, and for his pains is sold with his fellow-captives into slavery in Martinique, whence he escapes to England before the summer of 1686.

Richard was imprisoned in the Chateau St. Louis in Quebec (where the Hotel Fronteac is now situated).

Plans for a French attack overland from Quebec on English factories in Hudson's Bay, led by Chevalier de Troyes, intended for 1686, were openly discussed in Quebec at the time and Richard soon heard of these rumours. Somehow he managed to send a warning letter to England. In 1686 at a meeting in London of the Hudson's Bay Company they read the letter from Richard Smithsend which disclosed the French plans for taking a trading post on the Nelson river.17 18 19 20

3 Feb. 1686 (N.S.), Governor and Committee Minutes, “Two l[ette]rs from Quebeck Dated the 2nd & 4th Novemb. last from Richard Smithsend Directed to Mr John Hampson Imperting the Designes of the French upon Port Nelson the next yeare Ordered that all members of this Committee as also the Secretary are injoyned to keepe the contents of them private & not to divulge it.”

The Canadian Dictionary of Biography continues the story.

In August 1686, after 11 months at Quebec, Smithsend was sent to Martinique for further imprisonment, but the ship’s captain landed at Guadeloupe by error and the prisoners were released. Returning to England via Barbados, Smithsend arrived in London where he made an affidavit dated 15 Feb. 1686/87 describing his captivity, reports of the success of the Chevalier de Troyes’ expedition

7 of 1686, and the arrival at Quebec of two English ships (the Craven was one) captured by de Troyes at Moose.

The company sent a petition to the King (James II) and Richard's affadavit among others was attached to it as evidence of French hostility. 21 22 23

The Mate Richard Smithsend by name, managed to escape. Upon reaching London the tale he unfolded to his employers excited general indignation. A memorial of the outrage couched in vigorous language, was presented to the King but James resolved not to give offence to his friend and ally the Most Christian King, took no notice of the matter. 24

14 February 1687 (NS), Governor and Committee Minutes, “Richard Smithsend whoe was taken prisoner by the French in Hume’s Shipp arriveing here on Saturday last now appeared and reported to this Court the takeing of the Bottom of the Bay by the French and Severall other things, which this Court directed to be drawne into an affidavit...”

15 Feb. 1687 (NS), Governor and Committee Minutes, “Richard Smithsend was appeared and his Affidavit drawne by the Secretary persuant to the order of the last Court was now read to him and hee approved thereof, and the Secretary is ordered to See him Sign and Sweare to it before a Master in Chancery, that soe it may bee ready to annex to the Petition that is on Thursday next to be presented to his Ma[jes]tie.”

This was Richard's statement:-

1686 February 15th. Richard Smithsend Marriner aged Thirty foure years or there-abouts maketh oath that he was Master's mate of the Ship Perpetuana Merchant Edward Humes Mastr who in ye year 1685 was sent by the Hudsons Bay Compa for Port Nelson & she ariveing in Hudsons Straites in July 1685 was there taken by 2 French vessels who alledged they had a comision for doeing Thereof from the Governor of Canada & they carried the said shipp & her men to Quebeck & there condemned & made Prize of her & her goods the goods were Praised at one Thousand pounds Sterling as one of the Praisers told him And this deponent & his Brother Nicholas Smithsend & John Morris were kept Prisoners in Quebeck for above Eleaven Monthes mostly with Bread & water, & one of the Canada Compa offered this deponent Seaventen Pistolls p month if he would goe in their Service.

That the 19, 20, 21st February 1685 (1686) about 250 French went from Quebeck with Carriages to take the English Factoryes in the Bottome of the Bay & the deponent was Informed yt there was the Like number of Indians on the way to Joyne & assist them. That the 23 July 1686 newes came to Quebeck that the French yt soe went had taken 2 ffactoryes at the Bottome of the Bay from the English & that Governr Bridgar was taken & clapt in Irons hands & ffeete, & he and severall others were Bringing Prisoners to Quebeck, the next day an order was Published by the Governr forbidding all persons to talke or dis-course the takeing the said Factoryes under the Penalty of 200 Livers.

That the 25 Augst, 1686 this deponent & his said Companions were sent on Board the Shipp St. Peter to be carried to Martin Nico there to be kept Prisoners & by mistake of the Master the said Shipp mist the said Island & soe came to Guardo Lupo where the Governr discharged them & soe his companions went for Mevis & this deponent for Barbadoes & from thence he came for England where he arived Last Saturday night. That the Master of the said Shipp St. Peter put this deponent & his companions downe in the hold for one day & the deponent asking the Mastr the Reason thereof he tould him it was because they should not see the 2 English Shipps that the French had taken in the Bottome of the Bay. And then were just come into Canada River with the English Beavor They had taken One of which shipps this Deponent beleives was Capt. Outlaws shipp called the Successe Blonging to ye English Compa

That the deponent enquiering of the Mastr of the Said Shipp St. Peter what this deponent & his Companions must be done with., when they came to Martin Nico ye said Mastr Replyed that this deponent & his companions must Remaine there untill it were knowen whither what the ffrench had done to ye English would produce a Warr or not: & this deponent further sayes the French in Canada make preparations expecting a Warr will happen upon those their actions against the English.

8 Richard Smithsend Jur. 150 die Feby 1686 corame Mgrd Mchl. Cooke

The Captain of the ship, Captain Edward Hume, had been sent to La Rochelle and got back to England in 1686 and made a statement then, although he had died, apparently from the effects of his imprisonment, soon afterwards. This statement also mentions Richard and his brother Nicholas.25

29 January 1686 (N.S.), Governor and Committee Minutes, “Captain Hume was examined how & when he was taken by the French which examination is at large in a sheet of paper and signed by him.”

Edward Humes of London Marriner aged thirty-five years or thereabouts late Master of the Pink or Vessell called the Perpetuana Merchant of the Burthen of sixty Touns or thereabouts who upon his Corporall Oath solemnely taken on the Holy Evangelists of Almighty God doth say and depose that being freighted by the Rt. Honble the Governour and Company of Adventurers of England trading into Hudson's Bay he departed with the said Vessell from the Port of London on or about the seaven and twentyeth of May last laden wth divers goods merchandizes and provisions bound for Port Nelson in Hudson's Bay in prosecution of which voyage on the seaven and twentieth of July last being in the latitude of sixty two and an halfe off of Salisbury Island betwixt that and Diggses at the entrance into the said Bay he met with two french ships of Quebeck belonging to the french Canada Company each mounted with four Gunns and foure Petereroes both together manned with fifty odd men. One commanded by Captaine Peter Allemant and the other by Peter Moizant under the direction of Monsr Martiniere Agent for the said Canada Company who came up with the said Vessell Perpetuana Merchant fired a Gun and commanded this Deponent Edward Humes to come on board them And he answering he could not by reason his boate was leaky they got in their sprit saile yards with designe to board the Deponent's Vessell who finding them to be french and not apprehending any seizure or ill treatment he caused his boate to be hoisted out and with two of his Company went on board the Vessell commanded by the said Peter Allemant -- And the said Edward Humes further sayth That being on board the said french Vessell having produced his Passe and conceiving they would have no just prtence against him demanded he might returne again on board his said Vessell and prosecuted his voyage wch they not onely refused but sent severall frenchmen on board the said Deponent's Vessell and tooke possession thereof outed most of the ship's company and put them on board the said french Vessells where they were kept prisoners. And the said Deponent demanding the reason of such seizure and detention they replyed that they had order from the french Canada Company to take all Vessells that should trade in the said Bay of Hudson. That two dayes after the seizure of the said Vessell they met with another ship in the service of the said Hudsons Bay Company commanded by Capt. Richard Lucas whom the said french comanders commanded to come on board which he refusing and keeping on his course they fired severall Gunnes at him and so left him. And the said Deponent further saith that the said French having thus seized upon and taken the said vessell Perpetuana Merchant and her Lading they carryed the same to the aforesaid place of Quebeck where the said Edward Humes this Deponent demanded Restitution of the said ship and Lading with satisfaction for the losses and damages sustained by the said detention. Yet notwithstanding all endeavours could get neither Restitution nor satisfaction. And the Deponent further saith that he with five more of his men were sent in the Canada Company's ships to Rochell in France but they detained his mate and two more of his men, vizt Richard Smithson, Nicholas Smithson and John Morris as prisoners at Quebeck. And this Deponent having desired the Governour of Canada to discharge and release his said three men that they might returne home with him, He replyed that he would give his most Christian Majesty an Account thereof. And the Deponent being arrived at Rochell gott passage in an English Vessell for Dartmouth and from thence came to London.

Decimo February 1685/6 Edward Hume Jurat fuit dius Edwardus Hume coram me Rich. Lloyd prsente me Tho: Bedford Noris Pubco dictae Curiae Registrary Deputato

The petition to the King seems to have been a follow up to an earlier petition.

9 … That his most Excellent Majesty gave Answere thereunto and promised that as to the said shipp hee would forthwith send necessary orders to Canada to have an account of what had happened in that affaire and after information thereof would order what should be just and reasonable but, instead thereof Richard Smithsend mate of the said shipp and some others of her crewe were kept prisoners at Quebec for above Eleven months and for the most part fed only with bread and water and at last sent away as slaves to Martinique in the West Indies as the petitioners have lately been assured by the said Smithsend who made his escape and is within a few days since arrived in London and his affadavitt attesting the same and the French their proceeding augment the Petitioners in takeing the bottom of the Bay is hereunto annexed …

The following is an internal Company note about this.

22 May 1687 - A true state of the case between the Hudson's Bay Company and the French in Canada in the West Indies.

And not onely soe but in their returne for Canada about July 1685 meeting one of the Company's shipps called the Perpetuana Merchant, Edward Hume master, within the straights mouth bound for the Bay with Goods and provisions for the reliefe of their Factories they tooke the shipp by force carrying her cargoe Mr. seamen and the passengers prisoners to Canada.

Proofes. Vide. Humes affadavit in the Admiralty Vide. Affadavit Richard Smithsend annexed to the Petition presented to his Majesty, February last.

During these proceedings Richard was staying in London.26

18 Feb. 1687, Governor and Committee Minutes, “Mr Smithsend at the Blew Anchor att Tower ditch that late came from Canada offered his Service.... Ordered That Mr Porter pay Mr Smithsend Three pounds in respect of his late Sufferings at Canada and the trouble in attending the Generall Court and Committees in makeing his affidavitts.”

A petition was sent to King James in 1687 which included a complaint about these events.

19th May 1687

Their Lordships had their first Conference with them [ the French Commissioners ] on the 19th May 1687 and upon the Application of the Company of Adventurers trading to Hudsons Bay, their Lordships delivered to the French Commissioners a Representation of his Majesties Right to the Streights and Bays of the Hudson, as likewise a Memorial of Damages the Company had suffered by the Invasion of the French which with the precceding Papers and the Answers of the French Commissioners are as followes.

To the King’s most Excellen Majesty.

The humble Petition of the Governor and Company of Adventurers of England tradeing into Hudsons Bay.

Most humbly sheweth,

That the Ports and Places within Hudsons Bay in America, were first discovered by the subjects of the Imperial Crowne of this Kingdome, denominated, frequented and sailed to, only by them successively for upwards of one hundred years.

That the Petitioners have traded into those parts above Twenty yeares and in that time have expended near Two hundred thousand pounds Sterling in Erecting and making Forts and Factories there and in setting a Trade and other necessaries thereunto within the Limits of their Charter, and have now arrived to a very considerable Trade therein, to the Honour and profit of this Kingdome and the Increase of Your Majestyes Customes and shipping and never were disturbed or any way molested therein untill the year 1692. When one Monsieur de la Chency and other private Merchants of Canada without any Commission or Colour of Authority from his most Christian Majesty or from the

10 Governor of Canada, did set you ships, and in piratical manner disturbe and annoy the Petitioners in their Factories and Settlements at Port Nelson and did burn their houses and Robbed them of their Trade there, of all which the severall Memorials were sent to the Court of France by his late Majesty of ever blessed Memory in behalfe of the Petitioners demanding satisfaction for the same, yet none was obtained.

And in November 1685 the Petitioners renewed their Complaints by an humble petition to your Majesty setting forth they had then received fresh intelligence that the French had in an open hostile manner, in the time of peace and good Correspondence of the Two Crownes, seized within Hudsons Streights on of the Petitioners ships Comanded by one Edward Humes and carryed her, with all her Ladeing and severale of your Majestys Subjects upon her prisoners to Quebeck.

That His most Christian Majesty gave Answer thereunto and promised that as to the said Ship, he would forthwith send necessary Orders to Canada to have an Account of what has hapned in that affair and after information thereof, would order what should be just and reasonable, but instead thereof Richard Smithsend Mate of the said Ship and some of her Crew were kept prisoners at Quebeck for above Eleven months and for the most part were fed only with Bread and water, and at last sent away as Slaves to Martinico in the West Indies as the Petitioners have been lately assured by the said Smithsend, who made his escape and is in the few days since arrived in London, and his affadavit attesting the same and the French their proceeding against your Petitioners in takeing the Bottom of the Bay is hereunto annexed.

Richard was next given command of the Huband which sailed for Port Nelson (Fort York) in 1687. 27 28 29

2 March 1687, Governor and Committee Rough Minutes, Richard Smithsend appointed Master of the Huband

18 May 1687, Governor and Committee Minutes, “Payment to be made to “Richard Smithsend on accompt of what hee hath laid out on the Ship Huband £15:00—“ 30

2 June 1687, Governor and Committee Minutes, “The Committee now takeing into Consideration the wages fitting to give Captaine Richard Smithsend commander of their Shipp the Huband doe upon the hopes they conceive of the good service they shall receive from him, now agree to give the yearely wages of Fifty pounds p[er] Ann[um].” 31

2 June 1687, Governor and Committee Minutes, Payment of £12.10.0 to be made to Captain Smithsend “hee haveing entered into the Compa[ny’s] Service on the 14th March Last.”32

The letter and instructions were given to Richard and the other Captains before they sailed.33

Instructions to Capt. William Bond, Captaine Richard Smithsend and Capt. Leonard Edgecombe.

3. That they shall agree upon Articles in writeing, and signes and mark's whereby to understand each other's motion and Condition, whereby the better to stay for and keepe Company One with another,

4. At your making up to Hayes River in Port Nelson, you shall dilligently observe the Condition of the place and whether in the possession of Friends or Enemies, and if noe English Vessell meet you off at Sea, or English men come on board you in the River, you shall have reason to be Jealous, and Stand upon your Guard and Assist one another till you see that with Safety you may Saile up to the Factory and that you are assured the same togeather with the whole Fort are in the possession of our Friends and Servants the English. 1 June 1687

A letter was also sent to the Governor at the same time.

Letter to Governor Geyer. York Fort. 3rd June 1686

These disturbeances raised by the Frenches attackeing us the last yeare, hathnput our affaires soe much out of Frame that wee cannot be possitive at present in those orders wee send, but must referr most of our matters to be mannaged by the prudence of you the Governor and the rest of the

11 Councell there and Wee would have you take to your Assistance whilst they Continue with you the Comandrs. of our Two Ships Capt. William Bond and Capt. Smithsend and likewise Capt. Leonard Edgecombe Comandr of the John and Thomas not doubting but you will Seriously deliberate all things and act soe as may be most for the Companyes advantage. 34

A note on Richard's pay about this time appears in the Company's Journal.

13 September 1687, Grand Journal, “to Capt[ain] Smithsend on acc[oun]t of his former Service he Ent[e]ring into pay the 4th March 1686 £12.10.-.” 35

The ships set sail soon after 5th June 1687.36 37

5 June 1687 Captain William Bond Captain Edgecombe Captain Smithsend

We have received your severally letters and are glad to hear you are now arrived safe together in the Downes, we desire to minde your instructions and endeavour what possible to keep Company with each other believing ti will be much for your advantage as safety and as to saileing either to the Westward or Northward wee must entirely leave it to your discretions soe wishing you a prosperous voyage.

The exact movements of the Huband from September 1687 to March 1689 are not clear but it looks as though the ship stayed in the Bay at Fort York over the winter of 1687/88 and moved down to the bottom of the Bay (Rupert's river) in 1688/89.

The Company in London was clearly hoping that the Huband would return in October 1687.38 39

Oct 22nd 1687 It may be two other ships belonging to the Company may this yeare allsoe arrive. Vizt. the Dering William Bond Commander and the Huband Richard Smithsend Commander if they are or either of them of any other shipp of the Company come into the Downes you are to put the like number of waiters on each of them; and charge them to take care of the Company's Concerns as aforesaid if any refuser to obey what is desired lett the Kings Waters and the Master of the shipp bee acquainted therewith and let the Company have notice thereof your care herein will be well taken.

However the Huband did not return and moreover had not arrived at Port Nelson (Fort York) by September.

The Huband had not arrived at Port Nelson by 22 September and is presumed to have arrived there later. However, Smithsend may have wintered her at Charlton Island (AN, Col., C11A, 10, 237–40). There are no further references to the Huband’s activities until it was captured by Pierre Le Moyne d’Iberville at Rupert River in the early summer of 1689.

In 1687 a third Thomas Moore was mate of the Hudson’s Bay Company ship the Huband (Capt. Richard Smithsend) on the voyage to Hudson Bay. The Huband remained in the bay until captured by Iberville in 1689; it is not known whether Moore died, deserted, or was captured.

There was more information in a report of 1690.

10 February 1690 (N.S.), Deposition by Solomon Nichols, “...Churchill frigate captured by French at the Bottom of the Bay about the beginning of March 1689...the French after they had got possession of the said Churchill Friggtt fitted her out & seized upon the Huband Friggtt Capt Smithsend Command[e]r belonging to the English company who was then settled at Prince Rupert River at the Bottom of the said Bay. And this deponent further saieth that after the French had Taken booth the fort & shipps they dispersed the men to severall places and sent away Capt. Bond Capt. Simson Capt. Smithsend Steph. Sinclar Hugh Verner John Fullerton Layton Steele & William Arrington by Canoes to Canada...”40

12

The capture of the Huband was put more clearly in a later Company note.41

June 1688 The Company set out two ships viz. the Churchill Capt. Bond and the Young Capt. Simson whome the French surprised at the Bottome of the Bay togeather with the Huband Capt. Smithsend who went the year before carrying the men away prisoners to Canada and others they put on board the said Huband with very short allowance insomuch as several dyed in their passsage. To the damage ships and Goods upwards of. £10,000

The capture of the Huband was also described in a more recent book on D'Iberville.42

Toward the beginning of summer (1689), just as Iberville was commencing to assure himself that he had the situation well in hand, unpleasant news was brought to Ste. Anne by some friendly Indians who had come across James Bay to trade their furs for trinkets. They told of an English boat they had seen lurking in the vicinity of fort St. Louis which contained a winter's accumulation of beaver and was guarded by only four men. This boat, it turned out, belonged to a Hudson's Bay Company ship, the Huband, commanded by Captain Richard Smithsend (the same Richard Smithsend who had been a prisoner in Quebec in 1685), then anchored in the Rupert River, and the captain had seized the occasion to reconnoiter the Moose River fort. He was now returning to his ship, so the Indians said, to notify those on board of the conditions at St. Louis, and in all probability there would be an attack

Iberville at once turned over the command of Fort St. Anne to Maricourt. Embarking on the captured Churchill, he started for the threatened post, taking with him his younger brother, Louis de Chateauguay, then but a boy thirteen years of age, who had been brought along on this expedition to gain his first experience in the field. On arriving at the Moose river the commander found nothing to alarm him; Captain Smithsend was nowhere in sight. Of the four men left there to guard the fort one had died and two others were incapacitated by severe burns, but this does not seem to have caused Iberville any anxiety; he merely made a few changes in the fort and left that very night for the Rupert River. The wind was against him, and it was four days before he reached the site of his first naval exploit of three years before, where he now found the Huband at Anchor near the fort. The following day, as he was hurrying toward here, he could discern in the distance though a light haze the boat that had been reconnoitering the Moose River and was now striving desperately to reach the Huband. Putting on all speed, he quickly overtook the little craft and captured it, finding, much to his delight, Captain Smithsend among her passenger. It was a simple matter now to take the ship. No resistance was offered; the pilot, ably seconded by the crew, expressed his willingness to surrender on payment of the wages promised them by the Company, terms which Iberville readily granted, since he had no desire to push the large Churchill into the river and was anxious to get to Charlton Island, where he was pick up some provisions for Fort St. Louis.

Fort St. Louis was Moose Factory on the Moose river and Fort St. Anne was Fort Albany on the Albany river.

A petition was presented to Queen Anne on the 1st October 1691 by Susan Bond (wife of Captain Bond), Catherine Miller and other women (including Richard's wife) to achieve the release of the captives who had apparently been imprisoned for about 2 years 'in miserable Servitude' in Canada and had arrived about 3 months earlier at La Rochelle in France.43 44 45 46

1 October 1691, Memorial Books, Richard Smithsend was a prisoner at La Rochelle, his wife a signatory to the petition to the Queen.

This was discussed at the Privy Council on the 12th October 1691.47

Whereby Captain William Bond, Captain John Simpson, Captain Richard Smithsend, James Miller, Jonathan Codlin, Anthony Beale, Layton Street, John Fullerton, William Arrington, John Dryver, and Richard Williams are represented to have been taken by the French in the Service of the Hudsons Bay Company, and that they now are Prisoners at Rochelle. Upon the humble request of Their Relatives for their discharge, His Majesty in Council is this Day pleased to Order that the Committee for Sick and wounded Seamen and Prisoners at warr, do demand the aforesaid Prisoners in their Majesty's name and also endeavor as much as in them lye, to procure their being Released, and

13 brought into England. And forasmuch as they were taken in the Service of the Hudsons Bay Company, it is further ordered that the said Company do take care to defray the charges which the said Committee shall expend in the Releasement and bringing over the said Prisoners. 48

However, by the end of October Richard had escaped from Rochelle and was back in London. The Hudson's Bay Company records are as follows.

21 October 1691, Governor and Committee Minutes, “The Secretary is ordered...to Answer a Letter wrote to Mr Hayward by Capt. Smithsend, who has Lately made his Escape from France, Advising him that when his occasions bring him to London he may if he think fitt give his attendance on the Committee.”

23 November 1691, Governor and Committee Minutes, “Capt. Smithsend Capt. of the Huband Frigtt, & James Miller mate to Capt. Bond appearing before the Committee desired the Com[an]ies charity. They are oredered to waite upon the Subcommittee at Joes Coffe[e] house on Wednesday noone & at that time to give a breife account of theirs & the Comp[an]ies misfortunes & how Taken by the French....”

14 December 1691, Governor and Committee Minutes, “Capt. Smithsend & James Millers Narrative of their Voyages was now Left with the Secretary & ordered to bee Laid up by him.”

Richard also made a statement which reached the Privy Council.49

Representation of Richard Smithsend to the King. When Sir William Phips came before Quebec, I was prisoner there, having been taken at Hudson's Bay, and remained a prisoner there from October, 1689 to May, 1691. When Sir William Phips came before the city it was in a very bad state for want of provisions. Wheat was a pistole the bushel, and I know that several people died of starvation. The place must soon have surrendered if the extremity of the weather had not prevented our army from assaulting it, for by reason of the frost our army could not lie upon the ground. Had Sir William come again with no more than a single ship the place must have surrendered, for it had received no relief from France. But since Sir William Phips came to England Colonel Duncan, then living at Boston, sent a brigantine to Rochelle with a message to the French King that we had no further design against Canada that year. I was told this by a credible merchant at Rochelle, and spoke with the mate of the vessel. Signed Richard Smithsend.

Richard was referring to the English/American attack on Quebec by William Phips (later Governor of Massechusetts) in 1690 - which was easily repulsed.

Richard received a £10 gratuity and left this to his brother John.50 51

9 March 1692 (N.S.), Governor and Committee Minutes, “Upon Reading a Letter from Capt. Rich[ar]d Smithsend directed to the Secretary, desireing what the Committee shall be pleased to order him may bee paid to his brother John Smithsend, which upon consideration had of his suf[f]erings, were pleased to order him a gratuity of £10....”

9 March 1692 (N.S.), Grand Journal, “£10 gratuity given to Capt. Smithsend assigned to his brother.”

These events were also described in the Dictionary of Canadian Biography.

Smithsend was sent overland to Quebec along with the other ships’ captains whom Iberville had captured at Albany. He was shipped to France and imprisoned at La Rochelle. His wife together with other HBC “grass widows” petitioned Queen Mary on 1 Oct. 1691 to help obtain the release of their husbands, but Smithsend escaped later in the month. He did not re-enter the HBC service and assigned his gratuity of £10 to his brother John.

John was due to be married in 1692 so that may be why the gratuity went to him.

Richard seems to have left the service of the Hudson's Bay Company at the end of 1691.

There was a reference to Nichoas in January 1692.

14

The secretary was also ordered to pay to severall persons their Bills drawn on the Company as ordered by the Govenor.

Geo Pringle to Mr Smithsend £3 2s 5d

Richard carried on with life at sea. In 1692 Richard was on an expedition to the St. Lawrence in Canada which captured a French supply ship called the St Jacob. The expedition was organised by the Governor of Massachusetts Sir William Phips (1651-1695). An extract from his biography describes this quite well.52

The voyage of the Swan and Elizabeth & Sarah gave an early indication of the complexities of the attitude towards Canada taken by Phips as governor [of Massachusetts] and of its implications for the effectiveness of his rule. Superficially, the raid was a great success. Phips boasted to London that the two vessels sent to the lower St Lawrence had 'landed men in severall places, and burnt many of their howses, and have taken a french flyboate, in the mouth of the River, laden with Wine, brandy, and other french goods.' The French supply vessel St Jacob had indeed been captured near Anticosti Island and 18th August 1692, and it had been declared a lawful prize by Phips, sitting as vice-admiral, in early October. The fuller reality, however, was that the expedition had begun with controversy and ended in recrimination, and had lasting results in creating animosities that damaged Phips in an imperial context over the ensuing months and years.

It may well be that Richard made contact with Sir William Phips when Richard was back in England in October 1691; William Phips was in London at that time working to get a new Charter for New England and get support for a new campaign against the French in Canada. It is even possible that Richard sailed back with Phips on the Nonsuch in May 1692 – a famous voyage bringing the new charter back to Massachusets.

There are several documents in the deeds for Suffolk County (Boston, Mass.) on behalf of mariners on this trip trying to get their share of the rewards. Here is one of the documents in full (the others follow a similar pattern).53

Know all men by these presents, that I Thomas More of New Yorke in New-England Marriner have appointed constituted and made and in my stead and place ordained and Deputed my trusty and wellbeloved friend John Child of Boston in New-England aforesaid. Taylor to be my true and lawfull Attorney for mee and in my name and to my only proper use benefit and behoofe to Aske Demand sue for recover and receive all that the residue of my Share (I having received Six pounds) be it more or less & all my Shares taken in and with the Prize St. Jacob late taken from the French with my part or Share in all other Prizes or Stores of Warr, whether Goods Merchandizes, Ammunition or Provision, had made or to be had or made in and by vertue of the Late Expedition of their Majesties Ship Swan and Briganteen Elizabeth and Sarah under the Command of Captain Richard Smitson, Captain Thomas Gilbert and Captain Benjamin Eems with all my part in all and Singular the Goods Merchandizes & their Appurtenances taken in and with said Prize or any other Prize or Prizes in said Expedition with my Share in all things that I may lay just claim to by vertue of the Expedition aforesaid and upon receipt of Premisses above said Acquittances or other Discharges to give and Generally to say and Doe in and with my full strength & Authority (Giveing unto my said Attourney by these presents) as free full & largly in all respects as I my selfe might or could Doe if personally present, Allowing for firm valid and irrevocable all whatsoever my Said Attourney Shall Doe in and about the premisses Witness my hand and Seale this twenty fifth day of October, Anno Domini 1692.

Signum. Thomas T More Signed sealed and Delivered in presence of us. Returne Waite. Edward Mills.

Thomas Gilbert was captain of the Swan and Benjamin Eems (or Emes) was captain of the Elizabeth and Sarah so Richard was probably on the Swan with Gilbert as an advisor or in overall command of the ships; his knowledge of Canada and sea going experience would have been an important asset.

'The Swan' was originally a merchant ship owned by Thomas Gilbert's brother in law Andrew Belcher, a Boston businessman. Thomas Gilbert had taken 'The Swan' to London in 1689 and received a letter

15 of marque on the 5th December, 'The Swan' was back in Boston by August 1690 and took part in the expedition to Quebec later in the year. 'The Swan' carried 12 or 24 guns and about twenty men.54 55

Richard as a Pirate

Richard's career seems to have followed a different course after 1692. There is a mention of Richard in Privy Council papers of 1700 from a report that refers to 1695.56

Examination of James Brown, who sailed from Rhode Island, 1695, on the Susanna, Thomas Wake, Commander, as a privateer with a Commission from the Governor or Deputy Governor. The company were all upon shares. In the seas of India they met with the Phancy, Henry Every, Commander, who plundered the Susanna. Examinant being weary of being abroad in those parts, with one Capt. Smithsend and Thomas Hollingworth, embarked on the Phancy, which was then designed for Providence, whence he left her and took passage for Connecticut. He saw no action and got no plunder on either ship, except some money he won at play off Every's crew.

Rhode Island, and New Providence (near Cuba) were notorious havens for Pirates and The Susanna, Captain Thomas Wake, was by 1695 a known pirate ship, operating out of Boston and Thomas Hollingsworth was also a known pirate from Boston.

Thomas Wake was known to be in Boston in May 1693 because he was involved in a dispute with the Customs office about the legality of his cargo on the ship 'Good Luck' and Richard may well have been there at the same time, after his expedition to the lower St. Lawrence which ended in October 1692.57

In 1694/95 Thomas Wake had a commission from the Governor William Stoughton (Phips had been recalled to London) to raid French ships or it may have been a commission from the Governor of Rhode Island. In a well known journey the Susanna with the other ships went well beyond their commission and sailed to Madagascar and on to the Red sea to join with several other pirate ships including The Phancy of Henry Every to raid pilgrim ships of the Mogul Empire (India, Pakistan, Afghanistan) going to Mecca (Saudi Arabia). The raid was very successful capturing a large fortune in gold and silver coin from the Mogul ship ‘Gunasway’.

After the raid Henry Every apparently tricked some of the other Pirate ships by sailing off with most of the treasure and other reports say that the Susannah was looted by Henry Every. The Phancy (with Richard Smithsend on board) eventually sailed back to the West Indies where the Pirates dispersed.

It would normally have been relatively easy for most of them to merge back into their old lives in New England. However, the success of the adventure caused political concern in England as the Mogul Empire was an important trading partner of the East India Company. This led to Willam III’s proclamation of action against New England Pirates and eventually to Captain Kid’s commission to find and arrest them. The immediate effect was to make the New England Governors less willing to deal with the pirate crews.

For example when The Phancy arrived in the Caribbean, the pirates sold some of their plunder at Saint Thomas and sailed to the Bahamas in April coming to Royal Island off Eleuthera, fifty miles from New Providence in the Bahamas, in late April 1696. To gain the governor's goodwill, they gave him their ship, gold, and ivory tusks valued at £1,000. The pirates hoped to gain pardons, but since Governor Nicholas Trott wasn't a royal governor, he lacked the power to grant them.

Thomas Hollingsworth was one of three or four people who brought Every's letter of offer to Trott. Two of the others were Robert Chinton and Henry Adams. They sailed for Jamaica in hopes of obtaining the pardons from Jamaican Governor William Beeston. On 15 June, the Governor wrote to the Council for Trade and Plantations in London. 'They are arrived at Providence and have sent privately to me, to try if they could prevail with me to pardon them and let them come hither; and in order that I was told that it should be worth to me a great sum (i.e. £24,000), but that could not tempt me from my duty.'

As a result of Governor Beeston's refusal Every returned to the Bahamas where he and his men lived aboard the Phancy, even though they had given her to Governor Trott. Either purposely or through

16 negligence, the ship was driven ashore in a gale. After salvaging her guns and whatever else they could, the pirates dispersed.

A James Brown was known to be one of the crew of the Phancy and this may be the same person as the one who made the deposition. If so it may have been taken as part of the general Amnesty for Pirates issued in England which was to end by 1699 or as part of the trials of some of Every's men, which took place in England in about 1696, and the preparations of a Commission to Captain Kidd to attempt to capture the most notorious pirates.

Life in New England

Clearly by the autumn of 1696 the pirate adventure was over for Richard (whether he made any money or not) and he returned to Boston to marry Dorothy (later Dorothy Stevens) who he had perhaps met in Boston in 1694 and they settled down to life in New England.

Richard and Dorothy had a son Richard; born in Boston in 1697.

Richard died as an infant and is buried at the historic Granary burial ground in Boston. 58

The inscription reads:-

Richard son to Richard & Dorothy Smithsend, aged 2 weeks, died Ye 24 of June 1697.

Richard was listed in two civil cases in the Suffolk County Court (Boston) in January and October 1698. The judgement went against him in both cases.59

4 January 1698. 195. William Averdeen, Boston, “barber”, vs Richard Smithsend, mariner, B?00 money due; P, L?00 , costs.

4 October 1698. 231. Richard Smithsend, Boston, mariner, vs Seth Smith, Boston, shoemaker; Is30; trespass; D, costs, app

By 1699 the U.K. government had issued a commission (to Captain Kidd) to move against the New England pirates and Governors had been instructed to tighten up the rules on commissions. Captain Kidd sailed into Boston in 1699 and it may have been at this time that Richard and Dorothy decided to move to a more out of the way location in Wethersfield (north of Boston). They later moved across the Connecticut river to Glastonbury.

They had two further children; Elizabeth b.1702 and Sarah b.1704 in Glastonbury.

17 A Smithsend account with Glastonbury blacksmith Benjamin Talcott first appears in May, 1712, when they’re credited for nine weeks teaching three of his children. That is followed by many credits and debits into early 1717, including Dorothy as a widow.

The Smithsends were clearly involved in farming, yet do not appear in any land record transactions, neither in Wethersfield nor in Glastonbury, so we conclude they were tenant farmers, probably living near the families of two women Dorothy remembered in both her wills.

Richard died on the 4th July 1716 and is buried in Glastonbury, Connecticut.60 In the Hale cemetery record he is referred to as ‘Capt.’61 His age is given as 63.

Coins from Piracy in New England

In recent years (2015-2019) a number of silver coins from the Mogul Empire have been found in New England and are direct evidence of the treasure taken from Mogul ships in 1695 as they are all dated to before 1695 and circulated in the Red Sea region.

Silver Comassee of 1692 found in Glastonbury, Connecticut

One coin a 1692 silver Comasse from the Yemen was found in an archaeological dig in Glastonbury - Richard Smithsend could well have been the source

18 Dorothy Stevens After Richard’s death in 1716 Dorothy accompanied by daughter Sarah (no mention of Elisabeth), joined the household of the Rev. Timothy Stevens as housekeeper in 1717, shortly before his three oldest children died, leaving him with three young sons. After seven years, in 1724, she and Timothy married. He had been married twice before.

The Rev. Stevens was the first minister in Glastonbury.

The Rev. Stevens died in 1726. Dorothy remained in the parsonage with Timothy’s youngest son Benjamin and his family, dying 21 years later, in 1747.

The executor of her estate was an Isaac Hubbard who was probably the son-in-law of Sarah Smithsend.

Dorothy made a Will in 1744.62

Will of Dorothy Stevens Will dated 1st May, 1744

I, Dorothy Stephens of Glastonbury, give to my grandson Isaac Hubbard all my rights of land in Glastonbury, viz., in the Five Miles, and which became mine according to the Town Votes referring to the first division of lands in sd. Five Miles, and all my rights of land in Hebron or otherwhere whatever, be it more or less, which I have not disposed of.

I give to my grandson Isaac Hubbard two feather beds and two feather boulsters and two pillows, with the blankets belonging to them, and a pare of calico curtains and vallence white, a table and chest and draws, and six leather chairs and two white chaires, a trunk marked "N. R." (wherein is three suits of silk clothing and a pare of embroidered stays), all which I give to my grandson aforesd.

I do give to my sd. grandson all the cattle that I shall have at my decease, all my table and bed linen (as sheets, table cloths and napkins), with all other my linen not herein disposed of, and a cradle quilt (silk on one side and calico on the other), a silver whistle, a silver spoon and a silver seal.

I give to my grandson all my other household stuff or estate that shall properly belong to me at my decease that is not especially or shall appear by word of mouth to be disposed of.

I do give to my son-in-law, Isaac Hubbard, 5 shillings. I do give my son Joseph Stephens, at my decease, my amber neck lace.

I give to my daughter Dorothy Stephens, at my decease, my side-saddle and little wheel, and to her sister Martha Olmsted my silk hood, and to Martha Kilbourn my woosted combs, my great wheel, and my every-day clothing, and to her daughter Azuba Sheilds my black gown and one plad coat. But in case my sd. grandson Isaac Hubbard should not live to the age of 21 years, then I do give and dispose of my worldly goods (except what I have otherwise given and disposed of) in the following manner:

I do give to my son Benjamin Stephens one cow, and to his wife, D. S., my imbroidered stayes and my silk suit faced with blue. To Mrs. Woodbridge my gown spotted with silver, with my cradle quilt aforesd. To Martha Kilbourn one suit grisett, with my riding hood and best quilt. To her daughter Azuba Sheilds one cow, a small featherbed and two blankets and two pair sheets. All the rest of my estate not already disposed of I give in equal proportion to my three sons-in-law, Timothy Stephens, Joseph Stephens and Benjamin Stephens, except to my son Timothy Stephens I do give ye debt which he owes me. And I appoint Mr. Ashbell Woodbridge to be sole executor.

Witness: Abner Moseley, William Miller, Susannah Miller.

Dorothy Stephens, ls. Court Record, Page 42--7 July, 1747: The last will and testament of Mrs. Dorothy Stephens, late of Glastonbury decd., was now exhibited in Court by ye Rev. Mr. Ashbell

19 Woodbridge, executor, who refused the trust, and Adms. was granted to Isaac Hubbard of Glastonbury, with the will annexed.

Richard and Dorothy had three children: Richard (bd.1697), Elesabeth (b.1702), Sarah (1704-1728).

Richard Smithsend (bd.1697). The son of Richard and Dorothy. He died as an infant on the 24th June 1697 and is buried in the Granary Burial ground in Boston.

Elesabeth Smithsend (b.1702). The daughter of Richard and Dorothy. She was born in Connecticut in 1702.63

Elesabeth, child of R'd Smithsend (not an inhabitant), Novr 1702

Sarah Smithsend (1704-1728). The daughter of Richard and Dorothy. She was born at Glastonbury, Connecticut on the 20th August 1704.

Sarah, child of R'd: Smithsend (born). Aug. 20 1704.

Sarah married Isaac Hubbard in Glastonbury in about 1724. They had at least one child Isaac Hubbard; who eventually inherited part of Dorothy’s estate. Sarah died in on the 8th October 1728, age 24, and is buried in Hale Cemetery, Glastonbury, Connecticut.64

Conway Smithsend (b.1654). The son of Richard and Anne. He was christened on the 20th August 1654 at Tewkesbury.65 66

Perhaps named after Anne's brother Conway Whithorne. Conway was mentioned in the Will of Elizabeth Higgins his Aunt which was made in 1665.

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.

Anne Smithsend (b.1659). The daughter of Richard and Anne. She was born in about 1665. She was mentioned in her Aunt's Will of 1665.

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.

Anne married Joseph Chetle (d.1721) at Harrington, Northamptonshire on the 23rd April 1686.67 Harrington is a village a few miles north of Kettering.

Joseph was the son of William and Sarah Chetle of Worcester. William was a clothier and connected with the Fraternity of Clothiers at Worcester.

There were links from Worcester to a Chetle family in Northamptonshire, for example, there are letters to Edward Leigh of Worcester from a Thomas Chetle in Northampton

20

Anne Smithsend & Joseph Chettle, 1686

Anne and Joseph lived in Worcester after they married.

Joseph is mentioned in a release of a messuage and related property in Hanley from Henry Barton to Joseph Chettle in August 1689.68

Joseph died in 1721.69

Anne was mentioned in her brother Nicholas' Will of 1730

Also I give and bequeath unto my sisters Ann Chetle and Mary Pittman and to my Sister in law Mary the widow of my brother Thomas Smithsend and to her two daughters Mary Smithsend and Ann Smithsend twenty shillings apiece to buy their rings.

Anne and Joseph had one child: Joseph Chetle (1689-1741).70

Elizabeth Smithsend (c.1658). The daughter of Richard and Anne. She was born about 1656. She was mentioned in the Will of her Aunt Elizabeth Higgins in 1665.

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.

Elizabeth may have married a Mr. Jones since her brother Nicholas in his Will of 1730 mentioned a nephew Richard Jones and a John and James Jones were mentioned in the Will of Elizabeth's cousin Nicholas Smithsend (1688-1746) in 1741.71

Nicholas Smithsend (1663-1730). The son of Richard and Anne. He was christened in Tewkesbury in July 1663.72

21 Nicholas was mentioned in the Will of his Aunt Elizabeth in 1665.

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 six moneths next after my decease.

Nicholas was a Mariner with the Hudon's Bay Company. At the age of 22 he was with his brother Richard on the Perpetuana when it was captured by the French in Hudson's Bay in 1685 (see above).

Nicholas and Richard were taken prisoner and sent to Quebec.When they were released Nicholas did not return with his brother. According to Richard they separated at Martinique and Nicholas went to 'Mevis' (probably Nevis, in the Caribbean) and Richard went to Barbados. Nicholas would not have been back in England much before February 1686/87.

It is possible that Nicholas stayed in the West Indies for a few years since there is a reference from this period of a Nicholas Smithsend serving as a soldier. 73

Nicholas Smithsend - Souldyer to - Colol Fortesque

In 1692 Nicholas was listed as a Lieutenant on the Dering with Leonard Edgecombe.74

Commander: Leonard Edgecombe. Ship: Dering Frigate. Burden: 260 tons. Crew: 80. Lieutenant: Nicholas Simson. Master: Samuel Borne. Gunner: Samuel Holbert. Boatswain: John Foster. Carpenter: Christopher Norman. Cook: John Serle. Armament: 30 guns. Folio: 33 Covering dates 1692 June 17

The Dering was part of an expedition to recover Fort Albany, headed by James Knight.75 76

Knight sailed in June 1692 with four ships – the Royal Hudson’s Bay, Dering [II], Pery, and Prosperous – and 213 men: the most powerful expedition the company had yet sent to the bay. The fleet arrived 29 August at York Factory. The Dering returned to England, and Knight, after wintering at Old Factory Island (Gilpin Island) north of Eastmain River, with the other three vessels successfully attacked Albany Fort 22 June 1693. The gratified company voted him a bonus and named a new frigate in his honour.

Captain Grimington was also part of this expedition commanding the Royal Hudson's Bay.77 Michael Grimington had been a Mate on the Perpetuana with Nicholas' brother Richard when it was captured by the French in 1685.

Grimington next sailed from London in 1692 as a member of the expedition sent to recapture Albany (renamed Sainte Anne) Fort. The committee recommended him to the leader, James Knight, as one “very fitt both to advise & Execute,” and made him commander of the Royal Hudson’s Bay. From York Fort on, Grimington was “chiefe or Admirall”; he, Charles Cotesworth of the Pery, and Henry Baley of the Prosperous carried letters of marque. The expedition wintered on Gilpin Island and in June 1693, after the few remaining Frenchmen were overcome, Albany Fort came back into the HBC’s possession.

Nicholas had returned to England on the Dering. Nicholas was mentioned in the Hudon's Bay Company records early in 1693.

8 February 1693 (N.S.), Governor and Committee Minutes,

22 The Secretary was ordered to pay “To Mr Nicho[las] Smithsend for severall bills on the Compa[ny] £17.12.6.”

Nicholas returned to the Bay on the Dering in May 1693.78

Declaration of Leonard Edgecombe 20 May 1693 Appeared personally Captain Leonard Edgcombe and produced a Warrant from the Right Honourable [the Lords] of the Admiralty for a Commision or Letters of Mark to him the said Leonard Edgecombe and in the manner of their Majesties Instructions to privateers made the following Declaration viz:

That his ship is called Deering Frigot and is of the burthen of about two hundred and seventy tons that he the declarant goes Captain of her, that the Right Honourable the Governour and Company of Adventurers of England trading to Hudsons Bay in America in their joint stock are the sole Owners and Setters out of the said ship. That she carry sixty men whereof forty Landmen and twenty Seamen. That Nicholas Smitson goes Lieutenant, Henry Conway, Master; Thomas Forster, Boatswain; William Jones, Gunner; John Christmas, Carpenter; Willam Brackys, Cooke, and Peter Bloomer, Doctor of the said Ship. That she is victualled for 7 months and careys 20 guns, two suites of sailes and thirty pounds of greateshot, thirty barrills of powder, five hundred weight of smallshott and Sixty small armes.

The following account suggests that Nicholas was involved in the attack on Albany, in which case, the Dering had joined up with the ships that had wintered in the Bay.

Coming out to Nelson in '93, Grimmington determined to capture back Albany for the English. Three ships sailed down to Albany from Nelson. The fort looked deserted. Led by Grimmington, the sailors hacked open the gates. Only four Frenchmen were holding the fort. The rest of the garrison were off hunting in the woods, and in the woods there were forced to remain that winter; for Grimmington ransacked the fort, took possession and clapped the French under Mons. Captain Le Meux, prisoners in the hold of his vessel. With Grimmington on this raid was his old mate in captivity - Smithsend. Albany was the largest fort on the bay at this time. As the two English captains searched the cellars they came on a ghastly sight - naked, covered with vermin, shackled hands to feet and chained to the wall was a French criminal, who had murdered first the surgeon, then the priest of the fort. He, too, was turned adrift in the woods with the rest of the garrison.

Although the text implies that it was Richard it was most probably Nicholas.79 80 81 82

Nicholas probaby returned to England at the end of 1693. Nicholas was made Captain of the James in February 1694.83 Probably his first appointment as Captain.

23 February 1694 (N.S.), Governor and Committee Minutes, Commission “to Mr Nico. Smithsend to be commander of the James” signed “as a Security from the Press.”

The Canadian Dictionary of Biography suggests that Nicholas went out to the Bay later in 1694 as Commander of the Royal Hudson's Bay and returned in November 1694. 84

It is not known exactly when Nicholas was next employed by the HBC, but he made a trip in the Royal Hudson’s Bay to York Fort (Port Nelson) and Albany River, returning to London in 1694.

This is probably the venture referred to in the Privy Council Minutes.85 86

1 March. The Hudson's Bay Company are allowed to send out 3 ships with 130 men on 24 April next for the relief of their factories and sailors.

A later note in the accounts gives Nicholas' date of return in November.

30 May 1696, Grand Journal, “Sea Wages to Capt. Nico. Smithsend from November 6, 1694, the time he was discharged from the Hudson’s Bay frigate to June 27, 1695, the time he took possession of the Prosperous = 7 mos. 20

23 days @ £4.15s. per month = £36.8.4 from June 27, 1695 to May 29, 1696 = 11 mos. & 2 days @ £5 per month = £55.6.8.”

Nicholas was listed as Lieutenant on the Royal Hudson's Bay in 1694.87

Commander: Michael Grimmington. Ship: Hudson's Bay Frigate. Type: Frigate. Burden: 200 tons. Crew: 60. Lieutenant: Nicholas Smithson. Master: George Forrest. Gunner: Nicholas Adams. Boatswain: Cornelius Gwin. Carpenter: Thomas Macklish. Doctor: Thomas Higgenson. Cook: Samuel Martin. Armament: 30 guns. Folio: 157 Covering dates 1694 April 14

Nicholas was appointed Captain of the sloop Knight on his return in 1694, but at that point it had not yet been built.88

14 November 1694, Governor and Committee Minutes, “The Secretary is ordered to Write A Com[m]ission & to put the Comp[an]ies seale to it for Mr. Nico. Smithsend to be Commander of the Slope now to be Built which is now ordered to be called the Knight Slope.”

Nicholas was Captain of the Prosperous in 1695 and took her to Newcastle. 89 90 91 92 93 94

21 June 1695, Governor and Committee Minutes, “Mr. Nico. Smithsend, desireing to know the Comp[an]ies pleasure Concerning him, the Com[m]ittee, were pleased to agree to Entertaine him in their Service, his wages, to Commence from the time his Last wages Ended, at the Rate of fifty shillings pr. Month, & so to Continue till he shall bee otherwaise Entertained by the Compa[ny] Upon which Mr. John Smith was desired to draw up an Instrument pursuant to this minute, & that he doth agree to serve the Compa[ny] when they shall have occasion for him.” Captain Cotesworth dismissed “After which an order was drawne for Capt. Smithsend to take possession of the Prosperous Pinke, & Likewise an order to Capt. Coatsworth to deliver the said Shipp to Capt. Smithsend, after an Inventory delivered in.”

26 June 1695, Governor and Committee Minutes, “Capt. Smithsend being ordered to take possesion of the Prosperous Pinke the Comittee agreed to give him £5 pr. Mo. Wages wheather in Sea or in port from the time hee takes possesion with which he declared himselfe well Sattisfied & Contented.”

The Prosperous was wrecked on the return journey.

7 August 1695, Governor and Committee Minutes, “The Dept. Governr. haveing the 10th July Last pd. Capt. Smithsend in money towards the fitting of his ship for new Castle £30 as also £70 by bill at New Castle in all £100 the Dept. Govr. Is ordered to have Creditt for the same.”

27 September 1695, Governor and Committee Minutes, “There haveing been 2 Letters read which came from Capt. Smithsend giveing an accott of what has been saved of his Ships wrack and how disposed of, the Deputy Govern[o]r is desired to answer his last letter as alsoe to Keepe Correspondence with Capt. Smithsend for the time of his being there.”

The vessel was wrecked before September 27, 1695, apparently on her return to London

24 30 May 1696, Grand Journal, Sundry accounts Dr Capt. Nico Smithsend “To Shipp Prosperous being the Remainder of an accott of the said Shipp, wherein there appeared to be Resting in his hands out of the wreck money &ca. charges deducted £29.15.3.”

In 1696 Nicholas took the sloop Knight to Hudson's Bay. This was part of a planned venture to retake Fort York. 95

The King of England to protect their Trade, assigned them two Men of War for their Service, in the Year 1696. as the Bonaventure, Cap. Allen Commander, and the Seaford.

A summary of the expedition was as follows:-

But in 1696 the most formidable English expedition yet sent out arrived in the Bay and proceeded against York Fort. It consisted of two men-of-war, the fourth rate frigate Bonaventure, Captain William Allen, and the fifth-rate Seaforth Captain Grange, or Captain Watkins, and three Company's ships, the Dering, Captain Henry Baley, the Royal Hudson's Bay, Captain Michael Grimington, and the Knight, Captain Nicholas Smithsend. On 28 August this little squadron was in Hayes river and on the 31st the French at York agreed to surrender, having offered practically no resistance. Captain Baley took charge of the fort as governor for the Company, while Captain Grimington was given command of the Dering, Captain Smithsend of the Royal Hudson's Bay, and Captain Thomas Man of the Knight. On the 20 September the ships departed, the two naval vessels as well as the Dering and the Hudson's Bay for home, the Knight, to which had been transferred the goods assigned to 'the Bottom of the Bay', for Albany Factory.96

Before departing, Nicholas, along with other HBC captains received a 'Letter of Marque'. 97 This was an official government warrant to search, seize and destroy assets of an enemy nation. This was typically used to allow private ships to raid and capture enemy ships (in this case French/Canadian ships). 98

26 May 1696, HBC Official Letter Book, Letter of Marque, etc., Commander of the Knight frigate.

The details of the Knight were recorded at the Admiralty when the letter of Marque was issued.99

Declaration of Nicholas Smithsend 16 May 1696 Which day appeared Captain Nicholas Smithsend, and produced a Warrant from the Right Honourable the Lords of the Admiralty for granting of a Commission or Letters of Mark to him the said Captain Smithsend and in the manner of her late Majesties Instructions to Privateers made the following Declaration viz:

That his ship is called the Knight Frigat and is of a burthen of Sixty Tonns, that he the declarant goes Commander of her, that the Honourable the Governor and Company of Adventurers of England trading to Hudson's Bay in their joint stock are the sole Owners and Setters out of the said ship. That she carryes sixteen men, that Peter Smith goes Lieutenant; Thomas Audrey, Master; George Tringle, Gunner and Boatswain; and Samuel Sharples, Cooke of the said ship. That she is victualled for [Eight] months, and carryes Eight gunns, a suite and ½ of sailes, four barrells of powder, thirty rounds of great shott, four hundred weight of small shott and sixteen small gunns.

Signed: Nicholas Smithsend

The same Day this Declaration was made before: Thomas Lane

Among the instructions to Captain Henry Baley, Commander of the Royal Hudon's Bay [or possibly the Dering], who was due to become the Governor of York Fort, was one that said Nicholas was to become Governor if Henry Baley was killed.100

25 5 June 1696 If it please God you are in Possession of York Fort on or before the 20th August. You are further required to dispatch Captain Grimington in the Dering Frigate and Captain Smithsend in the Knight Frigate down to the Bottom of the Bay with such goods and stores as are contained in the Invoice and we question not their return back to you by the 20th Sept.

But if you are not master of the Fort before the 31st August in that case you are only to send away Captain Smithsend in the Knight Frigate.

Captain Baley if at any time in your Voyage Captain Allen the Commodore find or thinke it necessary to make the Knight Frigate Nicholas Smithsend Commander a fire ship to burne any of the enemy's ships you are to give your consent and utmost assistance for doeing and performing the same.

Further more if it shall please God we becomes master's of York Fort in case of Captain Henry Baley's death we do appoint Captain Nicholas Smithsend Governer thereof and in case of his death then Mr Henry Kelsey to be our Governor.

The Company wrote to the Govenor of Albany Fort in 1696.101

30 May 1696, HBC Official Letter Book, General Letter to Govr Knight in Albany, in para. 33 mentions Smithsend “by whome you will be informed how our affaires stand at Yorke Fort, from wch. Advice if you find wee have the sd. Fort againe in our posession then you may keepe the Knight Frigtt. With you & send Capt. Smithsend in the Perry Frigtt. At a seasonable time back to Yorke Fort with such tradeing goods as you can spare and such other goods as you thinke will sell there for the better carrying on our trade at that place with orders to remayne there untill the arriveall of our ships next yeare from England, But if you aprehend any danger from the Enemy by Sea or Land then you may keepe both the Knight & the Perry Frigtts. For your better Security untill the arriveall of our Ships, which wee will Endeavour shall be wth you verry Early the next yeare.”

Nicholas set out at the end of May 1696.102 103 104

31 May 1696, HBC Official Letter Book, “Capt. Smithsend, As soone as you are Cleared at this place, you are hereby ordered to Saile downe to the Lower End of the Hope & their to Lye till further orders, from your Loveing Freinds, Samll Clarke Dept Govr, John Perry, John Nicholson, Thomas Pitts, Gravesend, the 31st May 1696

4 June 1696, , HBC Official Letter Book, Further orders to “keepe good looke out that you bee not Surprzed by the Enemy... London the 4th June 1697 [sic, 1696]”

5 June 1696, HBC Official Letter Book, Sailing Orders. Commander Knight sloop. To sail with H.M.S. Bonaventure and Seaford and H.B.C. ships Dering [III] and Hudson’s Bay to recapture York Fort.

It was clearly a dangerous mission and the intention was to take on the French.105

5 June 1696, Governor and Committee Minutes, In case Capt. Smithsend should be killed in “reducing” York Factory, £150 as a free gift “to whome he shall appoint.”

The mission was successful and York Fort was recovered.106

Cap. Allen, coming into the River Hayes, sent to summon all the Forts to surrender; and the French Governour finding he could not defend them against the English, capitulated, and on the 2d of August, 1696. surrendered Albany Fort (York Fort), upon certain Articles; the Chief of which were, That all those in the Fort, as well as French as Indians, and one Englishman, the Governour's Servant, should have their Lives and Liberties, and that no Harm or Violence should be done to their Persons, or any

26 thing that belonged to them; That they should march out with their Arms, Drums beating, Colours flying, Match lighted at both ends, Ball in Mouth and carry with them the two Guns they brought from France; That they should all embark with their Cloaths and Goods, without being visited or pillaged in any thing; and if they met with any French Vessels, there should be a Truce between the English and them; and the said French Vessels should be permitted to take aboard the Persons that came out of the said Fort, with all that belonged to them. These conditions were a little too honourable to grant, but not to be complyed with.

The Knight was kept in the Bay and sailed with Captain Thomas Man to the company factory at Albany and Nicholas returned to England as Captain of the Royal Hudson's Bay.

On his return Nicholas wrote to the Committee from Falmouth.107

7 November 1696, HBC Official Letter Book, Deputy Governor & Committee to Nicholas Smithsend, Ack. Letters of November 2 from Falmouth. Hope he did not agree with Capt. Allen’s articles with the French. News and instructions.

Captain Allen's terms of surrender were, in London, considered to be too lenient - this is probably the point of the last sentence above. There were other efforts to play down Captain Allen's terms.108

The Company's men Captain Grimington of the Dering and Captain Smithsend of the Knight said that they presented arguments against the articles from the start, and that Allen had agreed with de la Forest instead of reducing him to complete surrender because he had a design to get Goods into his own possession.

Both Grimington and Smithsend were warned by the Committee never to admit that they had assented to the granting of terms to the French.

A little later on this return voyage Nicholas encountered HMS Pendennis off Plymouth Sound.109 110 111 112

Pendennis at Spithead 8 October 1696

When I last was in Plymouth Sound the Hudsons Bay Nicholas Smithsend Master belonging to the Hudons Bay Company being in Calm water [xxx] out with a Westerly wind and I having particular occassion to take care of her I sent my boat with a five and half inch Hawser to help her out which by her sayling with the [Sorlings] I at the same time laying by for the rest of the ships was left on board her and doubt not is well arrived at London. I therefore pray your Honors order to the Master of the said ship to deliver the Hawser into his Master stores at Deptford that my Boatswain my be discharged of the same.

My Lord of the Admiralty having been pleased to [order] the ship and or my Command to be convoy between the Downes and Falmouth I pray your Honors [order] at Portsmouth for a Top Lanthorn and remain.

Right Hon. the Your Honours most humble Servant Captain Thomas Hardy

A summary of the Company minutes mentions Nicholas's return.

Year End 1696 - Good News and Bad News In November 1696 the committee members of the London-based Hudson's Bay Company were both rejoicing and in mourning. They rejoiced in the fact that Capt. Allen, commander of the Bonadventure, had successfully retaken Fort York in Hudson Bay from the French. Yet this good business news was muted by the the knowledge that Capt. Allen had been killed in a chance encounter with a french 'rouge vessel' just off the southwest tip of England on the return voyage, It was all there for every one to read in the London Gazette. Poor Allen...and oh! so close to home! Now the year ended with the

27 committee striking a commission of Enquiry to investigate how some embezeled beaver pelts from the Bonadventure had been bought in 'Plimouth'. At the same time the company received a letter from Capt. Michael Grimington advising that the Dering and Capt. Smithsend in the Royal Hudsons Bay had arrived in the Downes off the coast of Kent just beyond the mouth of the Thames River . The next day Bartholomew Earle piloted the Dering up the Thames River for a set fee of £12 (a relatively small sum) and ensuring the two company vessels and their crews did not go aground outside the shipping channel.

Captain Allen was killed in an attack on the return journey. This was reported in the London Gazette.113

Published by Authority From Monday Octob. 26. to Thursday Octob. 29. 1696 Plimouth, October 23

...This day arrived here His Majesty's Ships the Bonadventure and Seaford, with the Dering Frigat from Hudson's Bay; where they retook York Fort (which was taken by the French some time since) the same being surrenderd on the 3d of the last month, upon Articles concluded between Captain Allen, Commander of the English Ships then in the River Hayes and Monsieur de la Fores, Govenor of the said Fort;

The chief of which are that all those in the Fort, as well French as Indians, and some Englishman, the Governor's Servant, should have their Lives and Liberties, and that no harm or violence should be done to their Persons, or any thing that belong'd to them; that they should march out with their Arms, Drums Beating, Colours Flying, Match lighted at both ends, Ball in Mouth, and carry with them the two Guns they brought from France; That they should all Embark with their Cloaths and goods, without being visited or pillaged in any thing; and if they met with any French Vessels, there should be a Truce between the English Ships and them, and the said French Vessels should be permitted to take on Board the Persons that came out of the said Fort, with all that belong to them.

The French Governor and some of his Men are on Board the Bonadventure; and the rest on Board the Seaford and Dering. Yesterday morning, about 10 Leagues from Scilly, the Bonadventure came up with a french Privatter of 50 Guns, formerly called the Mary Rose, and fought her; In the Dispute Capt. Allen, Commander of the Bonadventure, was wounded, whereof he died about two hours after, and two of his Men were killed, and eleven wounded; At last the Privateer bore away....

The route near the Scilly Islands was a well known haunt of privateers; some reports say that the ships were in convoy and Michael Grimmington of the Dering and Nicholas in the Hudson’s Bay managed to escape but others suggest that they were not involved and had arrived in England a few days earlier.

The actions of Captain Allen were discussed at Government level in November. Since he was a Royal Navy Captain the Government became responsible for returning the goods to the Hudson's Bay Company.114

Nov 2. Sir William Trumbull to the Lords of the Admiralty. Captain Allen, late commander of his Majesty's ship Bonadventure, upon the surrender of Fort York brought away the goods and merchandizes to be found there, contrary to an article of his instructions, whereby he was in express terms directed to delvere the fort, in case he took it, and all the goods therein, to the use of the Hudson's Bay Company. They have besought the King that he will direct the said goods to be delivered to them. The goods consist chiefly of beaver and other skins, castoreum and other merchandizes. It is the King's pleasure that they be delivered to such person as the company shall appoint, and that they be permitted to put the said goods on board the Dering frigate, to be brought into the port of London.

Nov 24. Sir William Trumbull to the Lords of the Admiralty. I have moved the King to know how he would please to have the French governor of Hudson's Bay disposed of, and have his commands that you direct the Commissioners for the Exchange of Prisoners to transport the said governor and all his men to France by the first opportunity.

28 Nov 9. Treasury warrant to the Customs Commissioners (in pursuance of the King's pleasure signified by Sir William Trumbull) to deliver to the Hudson's Bay Company the goods and merchandises which Capt. Allen Late commander of his Majesty's ship Bonadventure upon the surrender of York Fort found there are brought awasy into England contrary to an article of his instructions whereby he was in express terms directed to deliver the fort in case he took it and all the goods therein to the said Company, which Company has therefore besought the King to order the said goods to be delivered to them, consisting chiefly in beaver skins and other skins and castoreum (some whereof are put on shore) to be delivered to such person or persons as the siad Company shall appoint to receive same on payment of Customs: "and you are likewise to permit the said goods and merchandise to be put on board the Deering frigate to be brought into the port of London.115

The Admiralty was still trying to get the Hawser back in December 1696.116

Mr. Smithson, commander of the Hudson Bay, is ordered to send the hawser borrowed from the Pendennis, Captain Hardy, into stores at Deptford, taking a receipt.

In 1697 a new expedition to the Bay was planned and it looks as though it was intended to be on similar lines to the sucessful 1696 venture.

The following summary of the Company minutes describes some of the preparations.117

From Replacing a Yard to Caulking - Maintaining the Ships The ships returning to the Bay had to be meticulously prepared. Damage from the previous voyage had to be identified and repaired along with the regular schedule of maitenance. All company captains agreed that Hudson's Bay was not the place to sail in an ill-fitted, ill-equipped vessel. The process began with Mr James Taylor the shipwright being directed to put the Dering and Hudson's Bay into (dry) dock for a month for hull inspection, repair and caulking. After Captains Grimington and Smithsend delivered their vessels to port they were ordered to begin looking for "a sufficient and able" Mate, Boatswain, Gunner and Carpenter for the new voyage, and to submit these names to the committee before concluding an agreement with each.

Nicholas was also still dealing with the accounts from the wreck of the Prosperous.118

31 March 1697, Grand Journal, Samuel Clarke Dr. to Sundry Accounts “To Capt. Nico. Smithsend that paid him the 7th August 1695 as a Stock for the Prosperous, which was pd. back the 16th October full £100.-.-. To the Prosperous Pinke for that Received by the sd Mr Clarke on accott of the Wreck of the said Shipp £30.”

The minutes further record various preparations for the new voyage in 1697. 119 120

Registering company ships with the Admiralty By mid May 1697 Grimington and Smithsend were ordered to the Admiralty by the Committee to get letters of marques for each of their ships. Within a week the Committee was informed that communications had been received from the Lords of Admiralty confirming the granting of "Lres (letters )of Mark" to both Company captains. In the meantime, the capatins had directed their Stewards to begin supplying weekly reports of expenses for provisions. There had to be a receipt for almost everything especially if it were purchased for the ship out of pocket and the buyer wanted a refund from the Company.

Both men benefitted from the retaking of Fort Yorke. The Company gave each a gratuity of £50 and a special sum of £100 "as a Gratification for their assistance in Reduceing Yorke Fort last yeare." There was a hitch , however, in that it was to be paid in twelve months without interest, after which, if not paid, interest would begin to acrue. Therefore, regular salary and these gratuities meant that Grimington was due £213/5/10 and Smithsend £230/1/3.

19 May 1697, Governor and Committee Minutes, Note of moneys due Capt. Smithsend.

29

19 May 1697, Grand Journal, “Sea Wages from May 30, 1696 to September 11, 1696, at which time he took possession of the Hudson’s Bay frigate – 3 mos & 2 days @ £5 pr. mo. = £16.16.8. From September 11, 1696 to May 30, 1697 – 8 mos. & 19 days at £6 pr. mo. = £51.16.-. Gratuity for bringing home the ship - £50 Gratuity for assisting in ‘Reduceing of York Fort ano. 1696 & for which he tooke the Compies Comon Seale payable in 12/m without Interest as pr. the minutes of this day £100”

By the end of May the ships were ready to depart. 121 Nicholas received a letter of Marque.122

Declaration of Nicholas Smithsend 25 May 1697 Appeared personally Captain Nicholas Smithsend and produced a warrant from the Right Honourable the Lords of the Admiralty for granting a Commission or Letters of Mark to him the said Captain Smithsend and in [the manner] of her late Majesties Instructions to Privateers made the following declaration viz:-

That his ship is called the Hudson's Bay Frigot and is of the burthen of about two hundred tonns. That he the Declarant goes Commander of her, that the Honourable the Governor and Company of Adventurers of England trading into Hudson's Bay in their joint stock are the sole owners and setters out of the said ship, that she carryes sixty men, that Thomas Pattinson goes Lieutenant, William Turney, Master; Samuel Clarke mate, Stephen Stanley, Gunner; Edward Mills, Carpenter; John Short, Batswain; Samuel Williams, Cooke and Robert Stephens Surgeon of the said Ship. That she is victualled for six months, carryes thirty guns, has two suites of sailes, thirty barrells of powder, twenty rounds of great shott, six hundred weight of small shott, and about [seventy] small armes.

Signed: Nicholas Smithsend

The same day this declaration was made before: George Brampton.

There were also detailed instructions from the Hudson's Bay Company.

Letters, Orders and Instructions Being fully aware of the detailed report from each company governor from the previous year gave direction to the construction of the new orders. This task did not fall to one individual. The letters to Governors and the intsructions or sailing orders for captains were drawn up by the Committee. In late May separate orders were written and delivered to Grimington and Smithsend directeing them to "take the first opertunity of goeing to Gravesend and there to abide till further order". In addition the committee composed and signed an instrument to satisfy seamen in the event they were wounded or killed in the "Defence of the Company Ships, Factorys". A modest but important 'insurance policy' for the company seamen. The committee was also notified that "...both the Hampshire & Owners Love Fire ship were Victualled for the Voyage, & Doubted not but to gitt their Saileing orders ready by Fryday". Things were now begining to move very quickly and departure from London was only days away.

Sunday 30th May 1697 - "Your loveing" or "Assured ffriends"... Sunday was far from a day of rest for the company Secretary. He spent the greatest part of the day aboard both vessels completing the ships company accounting and writing letters of attention to those who needed them. After dinner the Committee finshed the general letters to Governors Knight and Baley , and Henry Kelsey and John Fullerton. All these letters carried the closing salutation "Your loveing ffriends" (or) "Your humble Servants". Invoices and bills of loading were dicated and written out. The meeting continued through until well after midnight at which time the sailing orders and instructions for captains Grimington and Smithsend had been completed.

Tuesday June 1st 1697 - Have "...a Prosperous voyage" Using a 'Hoy' (a small fore-and-aft-rigged vessel resembling a sloop) the Deputy Governor and his party of Committee members returned to the Dering . In the presence of the Company captains and

30 Captain Fletcher, the general letters were signed and bundled into two packets. Grimington and Smithsend were then handed their individual sailing orders and Instructions. There were no flowery closing saluatation on thier communiques! However, Sir John Sweetaple and all but two of the Committee members wished the captains "...a Prosperous voyage" and departed. It had been agreed that Capt. Bromwell and Mr. Nichols would stay behind "for the dispatch of the ships". This they did.

The minute books also details the provisions for the ships - these mention Nicholas Smithsend.123

Ship supplies and cargo taken onboard April and May 1697 Mr. Draper – Compass / Glass Maker To inspect and repair compasses and glasses belonging to Capt. Grimimgton and Capt. Smithsend.

Mr. Henry Hawkes – Tallow Chandler To provide 50 dozen candles and supply Capt. Grimimgton and Capt. Smithsend with enough tallow to tallow their ships

The sailing orders for Nicholas were as follows.124 125 126

31 May 1697, HBC Official Letter Book, Sailing Orders to Capt. Michael Grimington, Commander of the Dering frigate, dated the Nore: “To sail in Company with the Hudson’s Bay Frigate, H.M.S. Hampshire and the Owner’s Love fireship, to Hayes River and from thence, leaving the Hudson’s Bay at Hayes River, to Albany River.”

31 May 1697, HBC Official Letter Book, Sailing Orders to Captain Nicholas Smithsend, Commander of the Hudson’s Bay frigate, dated the Nore: “To sail in Company with the Dering frigate, H.M.S. Hampshire and the Owner’s Love fireship, to Hayes River and remain there until September 15, 1697 or until the Man of Warr arrive.”

The sailing orders for Nicholas were as follows.

Saileing Orders & Instructions to Capt Nico: Smithsend 1st. [??] sail wth Consorts [??] North about You are upon Receipt hereof to Saile in Compa: wth: his Maties: Ship the Hampshire Capt: Fletcher Comander & the Owners Love fire Ship togeather wth the Dering Frigtt: Capt: Grimington the first opertunity of wind & weather Either north about or through the Channell as you shall receive orders from the Comadore for Hayes River in Hudsons Bay where being arrived & find noe French Ships have bin there this yeare then you are to Continue there till the 15th of September 1697 or till the Man of Warr arrive wth: you wch: shall first happen & noe longer, the time you Stay there wee require you to be Assistant to Govr: Baley in wch: you can wth: your Men or otherwise.

2d. If bad winds to Hayes River sail to AlbanyBut in case you meete wth Contrary Winds when you get wth:in theBay & find there is noe hopes of gaineing yor: Passage to Haye's River by the 15th of August, you are then to make the best of your way wth: all the Ships in your Compa: first for Albany River-wheare you are to assist Capt: Grimington in unladeing such goods & stores he hath to put on Shoaare & receive such goods as the Govr: of that place hath to ship for England wee doe Expect yor: Dilligence in Dispatching our Businness in that place, the Comadore haveing orders to Stay noe longer then you can dispatch what you have to doe.

3. Sail to Hayes River Soe soone as you have dispatched at Albany Fort you are to make the Best of your way wth the rest of our Ships in your Company for Hayes Rivr: & when you arrive there you are to make all the dispatch you can in puting a shore wt goods & stores you have aBoard for that place, & receive such goods on Board as the Governr hath to ship for England.

4. [??] French Ships If you should happen to meete wth any French Ship or Vessells belongg: to the French King or his Subjects in yor: Voyage out or home or at Hay's River or any other Rivrs: or Creeke not mentioned in these Instructions, you are to use yor: utmost Endeavour to take Burne or destroy them, & if you Succeed in any attempt the Comadore hath orders to let you Saile a lone for Albany River where wee

31 hope you will make such dispatch that you may arrive at YorkeFort by the 15th Sept: 1697 the Comadore haveing orders to Stay noe Longer there then that day.

5. If Miss Consorts to come home North about If the Men of Warr dont Joyne you before you Saile from Hays River nor you them before you gitt out of the Streights in such Case if you be a single Ship you are hereby ordered to Come homeNorth about & not through the Channell.

6. If French at any of the [Factorys?] endeavour to recover them If you find Either Albany Fort or Yorke Fort in the Possesion of the French you are to use yor: utmost Endeavr: to recover them or Either of them, In such case you & Capt: Grimington are to appoint a Govr: for the Compy: if Mr. Knight or Mr Balay be not wth you, the Comadore haveing orders accordingly

7. [Business?] forwhat you [?] Men of Warr If you Spare the Men of Warr any thing whatsoever you are to take receipts for the same

8. Prayers to be used Wee doe above all things Enjoyne you that the Publick Service of Almighty God be duly performed on Board your Ship

9. Provisions in Country You haveing six months provision on Board wee Expect you will be soe good a Husband that you may Spare Same in the Country for which take Receipts

10. Correspondence with Men of Warr Wee doe hereby order you to keepe a good Corespondency wth: the Capt: of the Men of Warr

11. deliver Journal Upon your arriveall in England you are to deliver in your Journall of your Voyage & all things Belonging thereto.

12. Send Letters If you are forced into any Port homeward bound in England Scotland or Ireland or upon yor: arriveall in the Downes Send us a letter [?] thePost wth: advice & a short accott: of your Cargoe & the Success of yor: Voyage

13. [?] Goods [?] Wee require you to keepe a weekly accott: of the Expence of all Provisions on Board your Ship dureing the Voyage & a Monthly accott: of all Stores

14. Passengers to have same allowance as Ships Compa: Wee doe order that all our Passengers have the same allowance of Provisions as your Ships Compa: have, & that they take their Watch as they doe

15. [??] permited wear the Kings Collours You are not to Weare the Kings Coullers till the Comadore order you or you have Permition from him

On Board the Dering Frigtt: Samll: Clarke Dept: Govr at the Nose the 31st May 1697 John Sweetaple

John Perry John Nicholson Thomas Pitts John Bromwell Robt: Nicholas

The expedition quickly ran into difficulties as it reached the Bay. The Owner's Love fire ship was crushed by the ice and on the 25th August in the Hudson's Straight the English fleet came across french ships.127

When the fog suddenly lifted, those on board the Profund saw in the distance three ships bearing down on them with the current. Thinking they were part of the French fleet, Du Guay paid little attention to them; then as they drew nearer he recognized to his astonishement the English ensign fluttering at their mastheads. They were the Hudson's Bay Company's annual fleet, composed this time of the Hampshire (fifty six guns, Captain John Fletcher), the Dering (thirty six, Captain Michael

32 Grimmington), and the Hudson's Bay (thirty two, Captain Nicholas Smithsend). A fireship the Owner's Love, had sailed with the fleet from England, but she did not appear with the other ships at this time and was probably lost somewhere with all on board. Du Guay at once headed for the ice, preferring to lost the Profond rather than surrender, for she carried on board all the munitions and supplies for the expedition. The English gave chase. Serigny and Chartier with the 'Palmier' and 'Wesp' crowded on all sail in a vain attempt to come to the rescue, but the intervening ice barrier held them off. The following day, it was August 26th, Du Guay opened fire on the Dering and Hudson's Bay at nine in the morning. The Profond fought under a severe disadvantage, for owing to her position she could bring only two guns to bear on the enemy, and no maneuvering was possible while the ice held her in its grip. All day long the ships battered away at each other, the Hampshire coming up in the evening to take part. Little was accomplished, however, by either side; it was a drawn battle; all eventually recovered from their wounds and in due time arrived at Port Nelson.

The English Fleet then continue towards Fort York and encountered the french flagship 'The Pelican' on the 4th September.

Replica of the Pelican

In 1697 he commanded the same ship on the outward voyage in company with HMS Hampshire (Capt. John Fletcher), the HBC’s Dering, and a fireship. The flotilla was intercepted off Port Nelson by d’Iberville in Le Pélican and after the Hampshire was sunk, Smithsend surrendered his ship without a fight on 5 Sept. 1697 (n.s.) according to La Potherie [Le Roy]. (Smithsend’s account no longer exists.) A prize crew was put on board, but a bad storm wrecked the ship in Hayes River (called by the French Sainte-Thérèse), enabling Smithsend and some of his crew to slip their captivity and make their way to York Fort where Smithsend encouraged the defenders to resist. The fort was subsequently surrendered by Governor Henry Baley on 13 Sept. 1697 (o.s.).

Another account of the battle is given in the Manitoba Historical Archives

Franco-Anglo conflict and Mabitobas only battle at sea Over the next forty years, the Hudson's Bay Company established trading posts throughout northern Manitoba and the area around James Bay in what is now Ontario. Of course, the French considered Ruperts land to be their domain, and frequent conflicts erupted. Control of the fortified trading posts would alternate dependent upon who was more cunning at destroying the others' forts. While most skirmishes were on land, one dramatic sea battle raged off the coast of York Factory at the mouth of the Nelson River on September 5th of 1697.

Four French ships under the command of Pierre le Moyne, Sieur d'Iberville, were in pursuit of a small British fleet bound for York Factory. En route, d'Iberville's flagship the Pelican separated from the other three ships and sailed alone off York's rough and icy coast. Here three British ships including the British man-of-war, the Hampshire, lay waiting for the French offensive.

33

Without aid from the three missing French ships, d'lberville mounted a bold assault upon the Hampshire and sunk the man-of-war against terrific odds, drowning the 290 British seamen on board. Witnessing the horror of the attack, the captain of the Royal Hudson's Bay surrendered to d'Iberville while the third British ship, the Dering fled the battle for safer waters.

Still the gravest onslaught was yet to come.

Before d'Iberville could take possession of the defeated Royal Hudson's Bay, a terrible storm swept down upon the Bay. D'lberville's treasured vessel, the Pelican, could withstand the guns of war but not the ravages of an Arctic storm. Driven aground the Pelican was wrecked, drowning twenty-three French sailors off Manitoba's northern coast. However, fate smiled again on d' Iberville when the storm abated and the three errant French ships appeared to the rescue. Facing further attack, York Factory surrendered to the French.

Another report says that:

The Royal Hudon's Bay was probably wrecked in or off the mouth of the Hayes river, for [Nicholas] Smithsend, her captain, and his crew got ashore on the east bank of that stream.

The battle was perhaps more fierce than the above accounts relate. It seems to have lasted 2-3 hours and all three English ships, including the Hudson's Bay, were involved in the attack and fired on the Pelican. The Hudson's Bay only surrendering once the Hampshire had foundered.

The following is an eyewitness account by Claude Charles Le Roy de la Potherie who was the Commisary for the French Fleet which set out, from La Rochelle in France, on the 8th April 1697 to Hudson's Bay.128

Account of Claude Charles Le Roy de la Potherie On September 3, 1697, we arrived within sight of Fort Nelson (or Bourbon), from which the English fired some cannon-shots, which were apprarently signals for the ships they were expecting from England. We anchored three leagues and a half to the south-west one quarter est of this fort, in the open sea, which had a bottom of muddy sand. We were surprised not to find there the Palmier, the Weesph, and the Profond, which naturally ought to have arrived before us, as they had been off the cape while we were still detained in the ice.

At day-break on the 5th, we perceived three vessels to leeward that we took to be ours. After weighing anchor about seven in the morning, we sailed down on them and made signals to which they made no response. This made us think they were English, and so they were, being the Hampshire of fifty-six guns and two hundred and fifty men, the Dering of thirty-six guns, and the Hudson's Bay of thirty-two.

The combat was not at all an equal one. Nevertheless, we made the English recognize in the sequel that the King's arms could be immortalizied with as much honour and glory in the seas of ice as in the other remotest parts of the earth. As it is prudent to be always on guard against being the victim of one's enemies, we were quite ready to receive their attack. Our strength was but mediocre, for a launch with twenty-two meny, under Martigny and Villeneuve, the ship's ensign, had gone ashore to get news from the Indians as to the arrival of the English in their fort, and as to the number of the garrison. We had forty men sick of scurvy who could do nothing, and twenty-seven sailors had been transferred to the Profund when we were leaving Placentia, not to mention those who had died on the voyage, so that we had only one hundred and fity with combatants out of the two hundred and fifty with which we had left Fracne, and forty-four mounted guns, having given two others to the Profond.

Every man was at his post. La Salle, the ship's ensign, and Grandville, a marine guard, commanded the lower battery; Bienville, the brother of M. d'Iberville and the Chevalier de Ligondez, a marine guard, the upper battern. M. d'Iberville asked me to take command of the forecastle and, with a detachment of Canadians that he gave me, to meet the enemy as they tried to come on board.

The enemey drew up in line. The Hampshire was at the head, the Dering followed, and the Hudson's Bay came behind, all three close together. The fight began at half past nine in the morning. We made

34 straight for the Hampshire,which, thinking we were going to board her, let fall her mainsail and shook out her topsails. After this refusal, we went to the Dering and cut the tackle of her mainsail, and the Hudson's Bay coming in front, we sent her the rest of our broadside. The Hampshire, putting about to windward, fired a volley of musketry on our forecastle and sent a broadside of grape of which two shots went into the waster, another struck our bowsprit, cut the arms and the halliards of our foretopsail, a back stay of our top gallant mast, and our mizzen stay. The fight grew stubborn, the three vessels keeping up a continual fire on us, with the object of dismasting our ship. They destroyed a great deal of our rigging, the recital of which would be tedious. The Hampshire, seeing that she could not engage us between a shoal and their own two vessels, and that all the efforts they had made during two hours and a half were useless, determined to run us donw, and, for that purpose, tried to get windward of us (which she was unable to do), but we ran alongside of her, yard-arm to yard-arm. As we were so close to each other, I ordered a volley of musketry to be fired at her forecastle, where there were many sailors who called out for us to leap aboard. They immediately returned our volley with a discharge of grape which cut nearly all our rigging in pieces and wounded many of our men. As they ran along by our ship, we fired our batteries which were so well aimed that they proved most effective, for we were no sooner separated from one another than the Hampshire immediately foundered under sail. The Dering, which was close to us, sent us her broadside, but the encounter was a cruel catastrophe for the English, because the Hudson's Bay lowered her flag and the Dering took to flight. We had fourteen men wounded by two discharges of shot from the last broadside of the Hampshire, which fell in the lower battery, among them the Chevalier de Ligondez, who showed all the courage and resolution that could be desired. The other officers also did their duty perfectly…

Our prize, the Hudson's Bay, which was a league distant, might have got away into the mouth of the river Penechiouetchiou, of Ste. Thérèse, on which Fort Nelson is situated. We put about, and, after having put a prize crew on board, we went towards the Hampshire in order to save her sailors…

We found that she had stranded on a shoal where the enemy had wished to engage us, and the weather became so rough after the battle that ti was impossible for us to lower a boat…

We anchored close by the Hampshire with the chagrin of being unable to aid her in so dangerous and unfortunate a situation. Neither could the Hudson's Bay. The latter had a cargo for the trading post at Fort Nelson, which would have been worth 50,000 crowns in beaver skins…

On the 6th, we sent a mortar and bombs on board the Hudson's Bay in the hope of forcing her to go up the river Ste. Therese…

Both the Pelican and the Hudson's Bay were then wrecked by a violent storm that arose that evening. They were probably driven up the Hayes river by the tide and wrecked quite near to Fort York.

Attack on Fort York 1697

Nicholas and some of the crew of the Hudson's Bay were able to get to Fort York and they then helped with the defence of the Factory - as the following accounts show.129 130

35 The garrison had been strengthened by some sailors who had got ashore from the Hudson's Bay and its morale had been strengthened by the authority of Captain Smithsend especially as he was convinced that Iberville himself had been killed in the naval action.

The battle was reported in the London Gazette on November 15th 1697.131

Paris, Nov. 15 ...They write from Port Louis, that the Sieur d'Iberville was arrived in that Port with 4 French Men of War under his command, from Hudson's Bay; where he found 3 English Ships of 50, 32, and 30 Guns each, and engaging them, after a very obstinate Fight the biggest was sunk, and the second taken, but the third escaped; after this the French landed, with two Mortars, and several pieces of Cannnon, and obliged Nelson Fort to surrender, and having left there 60 Men they set sail for France....

Diary of Henrey Kelsey This account was by Henry Kelsey, who was an employee of the Hudson's Bay Company (joined in 1684 at the age of 17) and was well known by 1697 as a Canadian explorer and had close contacts with the Indian natives.

Henry Kelsey was in York Factory at the time it was taken. Kelsey did not see the naval battle between the Pelican and Hampshire, though he heard "several great guns" on the day it was fought, and he does not mention it except in a memorandum of his "abode in Hudson Bay", in which he says: "In 97 [I] was taken again when the Hampshire was lost.".

The following is from his daily journal at York Factory, from the time of the arrival of the first French ship (the Pelican) on September 4 until the fort was surrendered on September 13.

Note - the dates in the diary have to be adjusted by 11 days to account for the Gregorian calendar changes which were not introduced until 1752 in England.

Wednesday (August) ye 25th. wind Wterly Blowing rainy weather. Last night clear. To day more hands went to lye out in our marsh in 2 tents a goose hunting & some hands went up ye river to make charcoal but seeing a ship at 10 in ye morng, all ye hands return'd home. Ye govr. sent me & eight hands to ye marsh to lye till we knew wt ye ship was or untill further orders.

Thursday ye 26th Clear Weather. wind ditto. This morng. 4 a Clock our 2 pinnaces man'd went to see to make ye ship. He hoisting a red Ensign at his maintopmast head but showed no other colours our boats returned. We seeing 3 ships more in the offin I sent one hand to ye fort to give ye govr. notice so came away with ye shallop along with ye pinnaces. Meeting ye hand I had sent who brought orders for him & 2 more to return to ye marsh & I with ye others to go home. Had not been long there but saw a boat come from ye french creek so man'd ye 2 pinnaces went after her. I likewise running down along shore. She put back again. Our boats could not come up with them it being almost high water & a fresh gale. Left their chase & return'd. I also meeting those 3 men yt was in ye marsh who said they saw men landed in ye marsh so we return'd wth ym all except one hand wch parted from ym into ye woods when ye french boats was near this side, who came home after us. And ye ship wch rid of ye river wheiged & run of to sea after wch we heard several great guns. At four afternoon Mr. bishop wth 10 men more went to ye point of ye marsh to ye shore. friday ye 27th fresh gales Northerly, Cloud. This morng. 2 clock saw a cannoe at wch fired some muskets. Our people say'd they saw a fire at ye back of ye fort to day. At 10 ye ships weighed from ye mouth of port nelson & stood for this river being only two. At one a clock one came to anchor of our rivers mouth & fired 2 guns, his boat came of from ye fourteens & went aboard. We fired one gun by consent for our men to come home wch they did. About five afternoon ye other ship came to anchor of ye point of ye marsh. To day broke up 2 chest of guns & loaded ym & those remaining in ye trading room in all about a hundred. Last night watcht 5 & 6 men in a watch 2 hours.

Saturday ye 28th fresh gales NoEt. Last night watcht 10 in a watch 3 hours each. About one this morng. our men said they saw men near ye palasadoes at wch they fired some small arms. About

36 noon it blowed very hard Do. wth rain hail & snow in so much yt ye Albermarle drove & our Deerings pinnace sunk at her moorings. Ores & all things went a drift could not launch a boat to fetch ym.

Sunday ye 29th fresh gale Notherly. This morng. half foot snow on ye ground. Saw one of ye ships drove a shore in ye marsh ye other not in sight. Our people went down along shore to see for our pinnaces ores. Found 6 of ye frenches ores & some rack. Att 11 forenoon man'd ye Seafords pinnace, Mr. Bishop & 9 more in her went to look on ye ship, but 2 boats coming round ye point before he gott down they sent to ye ship & fetcht more men so he lay a considerable time, afterwards returnd said they were loaden wth goods. His spritsail has been loose all day. One hand came to ye woods Edge & fir'd 3 times at which we fired small arms.

Munday ye 30th moderate gales between ye No & ye Wt. Frost this morng. 5 a clock their boat went from ye place where they landed there goods round to ye ships. About 9 forenoon saw 3 ships more in sight. At half Eb a boat came from ye ships in ye offing to sheaground. One cannoe came down ye river.

Tuesday ye 31st fair weather., wind ditto. This morng. they landed many men & came nearer ye fort at wch we fired several great guns & ye great morter once. About 9 forenoon a cannoe came from tother side wth capt. smithson who gave an accot. of 16 or 18 men of his on tother side, so went wth a pinnace & 2 cannoes Mr. Newton in one & I in ye other. In coming back Mr. Newton was shott in ye belly from ye woods Edge & kept fireing at their small arms at ye fort & we at them; now & then a great gun. Rewarded ye Indians for Bringing capt. smithson, traded ye others Beavr. & sent ym away. Watcht half watch this Eveng. Ye 2 ships came in to lower five fathom hole.

Wednesday ye 1st Sept. fair weather. wind Wterly. Several small arms fired on both sides. To day came 2 french men wth a flag of truce to demand ye 3 prisoners wch we would not grant. Mr. Newton dyed at 4 morng.

Thursday ye 2d fine weathr. small Breezes So Wt. They begun to play their morter hove 4 shells then came wth a flag of truce to demand ye fort. Being denyed went their way & fired again till they had hove 15 & we fourteen. Then came again telling us we should have no quarters. We told ym if they would not allow us time to consider we would have none. So ye Govr. drew up a paper & brought on ye platform to satisfie ye men; they should have every one a years pay gratis if they would sign ye same & we kept ye fort. Some did signe others not & said would not sell their lives for a little money. So sent our articles & in ye Eveng. I Mr. Bishop Mr. Clark went to their camp to hear their final ansr. So deberveal writt his resolution demanded ye fort by one a clock ye next day & our answer by 8 in ye morng. friday ye 3d fair weathr. wind ditto. Finding such great force as nine hundred men, & ye ill tidings of our own ships concluded could not keep it & so agreed to ye articles aforesign'd by monseir & ye Govr. & marcht out by one a clock & ye french took possession of ye fort. This being ye end of a Tedious winter & tragical Journal by me Henry Kelsey.

Nicholas was also involved in defending the Fort.132

On the 12th [September], after a hot skirmish, fatal to both sides, the Governor was again requested, this time by Sérigny, to yield up the fort to superior numbers.

'If you refuse we will set fire to the place, and accord you no quarter,' was the French ultimatum.

'Set fire and be d-----d to you!' responded Bailey.

He then set to work, with Smithsend, whose treatment at the hands of the French in the affair of the Merchant of Perpetuana was still vividly before him, to animate the garrison.

'Go for them, you dogs !' cried Bailey, 'Give it to them hot and heavy; I promise you forty pounds apiece for your widows !'

Governor Bailey was holding a council of his advisors when one of the French prisoners in the fort gave notice of the approach of a messenger bearing a flag of truce. He was recognized as Martigny.

37 The Governor permitted his advance, and sent a factor to meet him and insist upon his eyes being bandaged before he would be permitted to enter. Martigny was conducted to where the council was sitting and there delivered Iberville's message, demanding a surrender. He was instantly interrupted by Captain Smithsend, who, with a great show of passion, asked the emissary if it were not true that Iberville had been killed in action. In spite of Martigny's denials, Smithsend loudly persisted in believing in Ibertville's death; and held that the French were in sore straits and only made the present attack because no other alternative was offered to desperate men to obtain food and shelter. Bailey allowed himself to be influenced by Smithsend, and declined to yield to any of Martigny's demands.

A French account of the Martigny meeting.133

Then Iberville sent for Martigny and ordered him to go and demand two Iroquois and two Frenchmen whom he knew to be in this place for they had not been abot to get away last year before it had been captured by the English from the Canadians. When Martigny arrived with the white flag at the gates of the fort, the governor had his eyes bandaged and had him led into the place. He held a council of war. It was decided that the four men could not be given up under such circumstances. Some of the men from the Hudson's Bay had taken refuge in the fort after their ship-wreck, and this had strengthened the garrison. Captain Semithsend [sic] who was commander of this ship, had enough authority to be able to create any impression he wished among the garrison. He believed that M. d'Iberville had been killed in the battle. He knew that, after the capture of his own ship, we had sent a prize crew of fifteen on board, and, being convinced that almost all our men had been killed in the fight, he imagined that we were attempting to take the fort like desperate men. It is true that, except for the powder we had saved from the wreck and which enabled us to kill some game, we should have been forced to live on grass until our other vessels arrived.

On September 20, 1697, only a few days after Iberville had taken possession of York Factory for the French, the Peace of Ryswick was signed between the English and the French sovereigns, providing that each nation should occupy the territory possessed at the time of the signing of the treaty. This left the French in possession of York, and the English in possession of Albany.

The event was reported in the London Gazette.134

Paris, Nov. 15 ...They write from Port Louis, that the Sieur d'Iberville was arrived in that Port with 4 French Men of War under his command, from Hudson's Bay; where he found 3 English Ships of 50, 32, and 30 Guns each, and engaging them, after a very obstinate Fight the biggest was sunk, and the second taken, but the third escaped; after this the French landed, with two Mortars, and several pieces of Cannnon, and obliged Nelson Fort to surrender, and having left there 60 Men they set sail for France...

The Canadian Dictionary of Biography says:-

Smithsend was presumably released with Baley, Kelsey, and others; in any case he was in London by 8 Dec. 1697 and was paid his outstanding wages by the HBC on 20 Jan. 1698/99.

This is recorded in the following notes from the Company records.135

Nicholas Smithsend went out in command of the Royal Hudson’s Bay, which was captured by the French during the battle off Nelson River on August 26, 1697. She was wrecked three days later. York Fort surrendered to the French on September 2, 1697. After the Pelican and the Royal Hudson’s Bay were wrecked, Smithsend reached York Fort, but he was again made a prisoner when York Fort surrendered to the French on September 2, 1697.

Nicholas had returned to England by December 1697.136

Many of those injured on the Dering petitioned for compensation.137

38 Listing of Dering Wounded seeking Smart Money - 28th Jan. 1698 January the 28th 169 7/8 The Persons undermentioned having Presented their Petition to the Comp’a wherein they Desire their Smart money, wth an account of their Severall wounds they Received. Cap’t John Bromwell was desired to informe himselfe w Smart Money the King Gives in the Like Cases which he did Inserting the same, in the margin which is likewise orded to be Entered in the Comp:a Books as a Rule to goe by for the Future

To the Hon’ble the Hudsons Bay Company The Humble Petition of those whose Names are under Mentioned

£1 : -- : -- Cornelius Quin wounded in the Head £4 : 10 : -- Francis Browne Wounded in the Hand & Disabled £4 : -- : -- Thomas Richmond wounded in theThigh £1 : -- : -- Dennis Rowlandson Wounded in the Legg £1 : 10: -- Jeremiah Thomas Wounded in the Legg £1 :-- : -- W:m Spencer Wounded in the Forehead £2 : -- : -- James Morrison Wounded in the Legg £1 : -- : -- W:m Whitesides Wounded in the Forehead £1 : -- : -- Rowland Woolman Wounded in the Calfe of his Legg

Most Humbly Sheweth

That your Petitioners received their Severall Wounds in the Service of this Hon:ble Comp:a in the Dering Frig:tt the sixteenth of August 1697 in Hudsons Bay.

Therefore they most Humbly Leave themselves to the Tender Consideration of this

Hon’ble Company

And as in Duty bound shall ever prayer

Memorandum If any Killed to have Eleven Months pay according to the Kings Pay & for Every Child 1/3 part of Eleven Months

Nicholas gave a statement about the death of Captain Fletcher of the Hampshire to the Admiralty.138 139

These are humbly to Certifie the Rt Honble the Commrs: for Executeing the Office of Lord High Admirall of England Ireland &ca.

That Capt: John Fletcher who was the Late Comandr: of his Maties: Ship the Hampshire, being on the 31st. of May Last 1697 Ordered and Appointed a Convoy to Some Merchant Ships Belonging to the Hudsons Bay Compa. And on the 26th August following, Engageing a French man of Warr neer Hayes River in Hudsons Bay, the said Ship Hampshire was Sunck and the said Capt. Fletcher Lost his Life in the Action, being first atackt by the said French Man of Warr; And that the sd Capt: Fletcher Behaved himselfe wth greate Bravery & Resolution and had Certainely taken the said French Ship as wee Believe, if he had not been soe Sunck by an unexpected Shott from the Enemy or Some other Sudden accident,

In Testimony whereof Wee have hereunto Sett our hands this 17th day of Decembr. Anno Domj 1697

Mich Grimington Nicho: Smithsend Thos. Morriss Sam: Clarke

Mich Grimington Nicho: Smithsend

39 Tho: Morriss Sam: Clarke

These May Humbly Certify that the above Written persons being Imployed in the Service of the Hudsons Bay Company on board their Shipps, were as wee Credibly Informed Eye Witnesses to the Action between Capt. Fletcher Late Comandr of His Maties Shipp Hapmsheir, & the French Man of Warr afforesaid In Hudsons Bay, to the Truth whereof Wee have hereunto affixed our Common Seale the 17th day of December 1697

By Order of the Committee Wm Potter, Secr.

There was a further statement at the end of January.

Michael Grimington of the parish of Stepney in the County of Middlesex Commander of the ship Deering, Nicholas Smithsend of the parish of St John's Wapping, late Commander of the Hudon's Bay frigatt and Thomas Morris of the parish of St. [Olave's] Southwarke Mariner late master's mate of His Majestie's ship the Hampshire doe joyntlye and severally make Oath that they these Deponents on the 26th day of August did see one Captain John Fletcher late Commander of his Majestie's ship the Hampshire engage in a sea fight with the French in Hudson's Bay near Hayes river in which Engagement the said Captain Fletcher and all his Ship's Company perished, they these Deponents being present at the time of the said engagement.

And these Deponents further say that the said Captain Fletcher was about a quarter of an hour or thereabouts before the said engagement being in perfect health of body as these Deponents verily believe.

The Deponent Grimington further saith that he this Deponent spoke to the said Captain Fletcher at the time when he the said Captain Fletcher was engaged with the French as aforesaid.

The Deponent Morris saith that he this Deponent joined him before the said engagement was [cheife] mate to the said Captain Fletcher but some short time before the said engagement this Deponent was lent to the said Captain Grimington in [lieu] of a Pilot during the time that this Deponent was in Hudon's Bay.

[xxx] [xxx] 28th Day January 1697 [xxx] [xxx] [xxx] S [Heek] Michael Grimington Nicholas Smithsend Thomas Morris

Nicholas seems to have still been with the Company in 1698.140

It was hand to mouth credit rather than major borrowing which saw the Company through its troubles; credit which left tradesmen unpaid and which was forced merely to agree to bail Captain Smithsend if his seamen should throw him into prison on account of unpaid wages.

21 December 1698, Governor and Committee Minutes, “The Compa. Oweing Capt. Smithsend Two hundred pounds on Bond, the warehouse Keeper Mr. Hawley is ordered to Deliver to Capt. Smithsend the three following Lotts of Coate Beavor unsold the last Sale, at the same Price they were then sold for, & what they amount to more then his Money must be paid by him & what under must bee pd him by the Compa.”

20 January 1699 (N.S.), Grand Journal, Wages paid to Capt. Nico. Smithsend from May 30, 1697, to August 26, following, “the time he was taken by the French” = 2 m. & 26 days at £6 p. mo. - £17.4.-.

40 Nicholas seems to have left the Company in 1699.141 142

In later years Nicholas was a Maltster with a Malt house in Tewkesbury High Street. His father Richard was also referred to as a Maltster, so perhaps Nicholas had returned to the family business. His father had died in 1697.

Nicholas was buried in Tewkesbury Abbey.

Mr. Nicholas Smithsend, Gent. who departed this Life 30 May 1730 Aged 67.

Nicholas made a Will in 1730.143

Will of Nicholas Smithsend of Tewkesbury, 1730 In the name of God Amen. I Nicholas Smithsend of Tewkesbury in the County of Gloucester Maltster being weak of body but of sound anad perfect memory and understanding, praised be Almighty God for the same do make this my my last will and testament in manner following.

Principally I commend my soul into the hands of Almighty God hoping for remission of my Sins through the merits of Jesus Christ my redeemer and my Body I committ to the earth to be decently buried at the discretion of my Executors hereafter named. And as to the Worldly Estated which God of his mercy hath made me a disposer of. I give devise and bequeath the same followeth.

Imprimis. I give and devise unto my Nephew Nicholas Smithsend the son of my brother John and to his heirs forever all that my messuage or tenement with the Malt House Garden stables and appurtenances situate and being in the High Street in Tewkesbury aforesaid.

Also I give and bequeath unto my Niece Hester Smithsend who now lives with me and my sister Pittman the sum of fifty pounds of lawfull money of Great Britain to be paid to her when she shall attain the age of one and twenty years or be married which shall first happen.

Also I give to my Nephew Richard Jones of Cheltenham, Sadler the sum of fifty pounds of like lawfull money to be paid to him within one year next after my decease.

Also I give and bequeath unto my sisters Ann Chetle and Mary Pittman and to my Sister in law Mary the widow of my brother Thomas Smithsend and to her two daughters Mary Smithsend and Ann Smithsend twenty shillings apiece to buy their rings.

All the rest and residue of my personal estate Goods and Chattells whatsoever I give and bequeath unto my said Nephew Nicholas Smithsend whom I make the Sole Executor of this my last will and testament hereby revoking and make void all former wills by me made and I nominate and appoint my good friend Nicholas Smithsend of Walton Cardiff to be Guardian over the person and estate of my said nephew Nicholas Smithsend during his minority and to be Overseer of this my last will to see the same performed and I give to him Twenty shillings.

In Testimony whereof I have hereunto set my hand and Seal the thirtieth day of May One thousand seven hundred and thirty.

Signed: Nicholas Smithsend

Sealed published and declared by the Testator to be his last will and testament in the presence of:-

T Hayward R Stobart William Lewis - his mark

41

Tewkesbury Abbey – Nicholas Smithsend

John Smithsend (1665-1725). The son of Richard and Anne. He was christened in Tewkesbury on the 1st November 1665.144 145

John, age 15, was apprenticed to Isaac Dighton in the Haberdashers Company on the 12th October 1681.146 Isaac Dighton (d.1719) was a prominent London Goldsmith and Silversmith; several silver pieces by Isaac Dighton (or Deighton) are in museums and collections today.

In 1691 John's brother Richard assigned his annuity, of £10 from the Hudson's Bay Company, to John.

John married Elizabeth Crowfoot at St. James Duke's Place (near The Minories) on the 20th October 1692.147 148 Isaac Dighton was possibly a witness. John, a bachelor, was 27 and Elizabeth, a spinster, was 20. Elizabeth was christened at St. Botolph's without Aldgate on the 19th December 1672 and her parents were Edward and Jane Crowfoot.

John was made free of the Haberdashers Company (ended his apprenticeship) on the 20th December 1692. He was admitted to the Freedom of the City of London in January 1693.149 150

John was listed as a Goldsmith / Silversmith in 1697: Smithsend, Jno., Minories, Apr. 1697.151

42 Smithsend John. Free of the Haberdashers Company by service to *Isaac Dighton 20 December 1692. Mark entered as large worker, undated, probably April 1697. Address. Minories. Free Haberdasher.

There were two types of Haberdasher, those who made and sold hats and those making and selling small wares such as pins, ribbons, toys and gloves including gold and silver work. In gold and silver work 'Large workers' were skilled in making hollowware, 'Small workers' concentrated on flatware, buckles, boxes and other small objects.

The Minories is a street near the Tower of London.

John married a second time to Katherine (or Catherine) Wakefield (b.1685) at St. Martin in the Fields, London on the 5th February 1705. Her parents were possibly William Wakefield and Catherin.152 153

Marriage of John Smithsend & Katherine Wakefield, 1705

Katherine had a daughter Mary Wakefield, probably from a first marriage, who married Richard Lawrence on 3rd January 1717. Mary is mentioned in John’s Will.154

John was described as a 'citizen and Haberdasher' when his son Edward was apprenticed in 1711, and as Goldsmith when his son John was apprenticed in 1717. John was referred to as 'deceased' when his son Richard was apprenticed in 1725.

John was listed in the London tax records in 1725.155

1725 Civil Parish or Ward: Tower Borough or County: City of London

A ‘widow Smithsend’, probably Katherine, was at the same place for 1726, 1727, 1728, 1729 and 1730.156

John died on the 17th January 1725 and was buried in St. James, Piccadilly.157

His Will was proved by his widow and executor, Katherine on the 15th April 1725.158

In his Will John is described at a ‘Victualer’, that is, an Innkeeper. It may be that he did not follow his trade as a gold and silversmith in a regular way. His known output of significant pieces, compared to several contemporaries, is quite small.

Will Of John Smithsend In the name of God Amen I John Smithsend of the parish of All Hallows Barkin in the City of London Victualer being sick and weak in Body but of sound mynd and memorie and understanding do make publish and Declare this to be my Last Will and Testament hereby revoking all former and other Wills by me at any time heretofore made.

Imprimis. My soul I give into the hands of Almighty God that gave it hoping through the meritorious Death and Passion of our blessed Lord and Saviour Jesus Christ free pardon of my sins. And my body I comitt to the Earth to be decently buryed at the discretion of my Executrix hereinafter named.

Item. I give and bequeath unto my son Edward Smithsend one Guinea to buy him a ring.

Item. I give and bequeath unto my daughter in law Mary Wakefield wife of Richard Lawrence of the Liberty of St. Catherine’s shoemaker one Guinea to buy her a ring.

Item. I give and bequeath all the rest residue and remainder of my reall personal estate whatsoever I shall dye possessed interested inn entitled unto to my loving wife Katherine Smithsend well knowing

43 that she is a tender mother and will take care of the maintenance and bringing up of my five small children viz. Nicholas and Richard my sons and Ann, Katherine and Hester my daughters.

And lastly I do hereby appoint my loving wife Katherine Smithsend full and sole Executrix of this my Last Will and Testament.

In Wittness whereof I have hereunto sett my hand and seale this third day of October One thousand Seven hundred and Twenty four.

John Smithsend

Signed sealed published and declared to be the Last will and Testament of the Testator in the presence of us who signed our names in the presence of the Testator.

John J H Hudson D Br… Attorney of Tower Hill

John and Elizabeth had five children: John (bd.1694), Richard (bd.1695), Edward (1695-1758), Conway (b.1697), John (c.1704-1729).

John and Katherine had five children. Richard (c.1710-1782), Anne (c.1712), Nicholas (c.1709-1748), Katherine (c.1714), Hester (1716-1754).

John Smithsend’s work as a silversmith

John worked as a Goldsmith and Silversmith and we have found 11 pieces attributed to him. These are mainly identified from 20th century sales’ catalogues.

John Smithsend silver mark, registered 1697

His mark [SM] was registered with the Goldsmith's company in April 1697.159

The known pieces are as follows:-

- A set of Four William III Octagonal Candlesticks of 1697.

‘London, 1697 Maker: SM (Jonathan Smithsend)’.160

44 - A Bleeding Bowl of 1698. (A small dish used in blood letting, also called a porringer). 161

Bleeding bowl by John Smithsend, 1698

‘An early English silver side handled porringer or bleeding bowl of plain circular form. Britannia standard silver. Very charming with the shaped pierced handle and original hand beaten finish. Hand engraved to the front is an armorial within plumage feathers, typical of the period, and there is a crest to the handle. Weight 253 grams, 8.1 troy ounces. Diameter 13.5 cm. Height 5.4 cm. Spread, 20.5 cm. London 1698. Maker John Smithsend’.

- A William III Silver Salver or Tazza of 1698. (A Tazza is a shallow saucer like dish).

‘Of circular form on spreading gadrooned foot, the rim chased with a band of gadrooning, the center engraved with a coat-of-arms, crest and helm within an acanthus scroll cartouche, the foot engraved with initials E*F and the reverse engraved Ex Dono Eliz: Fox ad Ann Templer, marked on foot and field--9 5/8in.(24.4cm.) diameter (14oz., 439gr.). Maker’s mark of Johnathan Smithsend. A tazza is a shallow saucer-like dish either mounted on a stem and foot or on a foot alone. London 1698.’.162 163

- A larger Tazza of 1698.

‘32oz Tazza, William III plain, with embossed gadrooned border, on round foot, 3 in.high, 9in. diameter, by John Smithsend, 1698, 14 ozs. 12 dwts’.164

- A Monteith dated 1698. (A monteith is a large decorated bowl).

‘A William the Third Monteith incised with scroll fluting, engraved with formal foliage on a matted ground; rim removable and moulded with cherubs' heads and scrolls; handles chased as masks holding rings. Maker J Smithsend. 10.5in diameter; weight 48oz. 16dwt. at per oz 170s’.165

45 - A Silver tankard of 1699.

Silver tankard by John Smithsend, 1699

‘John Smithsend. Tankard Lot 328. A William III Britannia standard silver covered tankard, Jno. Smithsend, London, 1699, later chased with a figural scene of an inn, enclosed by c-scrolls flanked to the left by a vacant cartouche enclosed by c-scrolls, plume-shaped thumbpiece, with scroll-shaped handle, the domed hinged cover enclosing a gilded interior, to a tapering reeded foot, restorations, alterations, 14,5cm high, 480g.166

- A Tobacco Box of 1699.

Tobacco box by John Smithsend, 1699

‘ A William & Mary Silver Tobaco box by Jno. Smithsend, London 1699. Of oval form, the pull-off lid embossed with a scene of Narcissus at the well with a temple in the background, both lid and base with corded borders, the base engraved with ownership initials 'I A', height 2.7cm, length 9.5cm, weight 4.4oz’.

- A dolls’ house minature pint pot about 1700.

‘John Smithsend. A rare English silver dolls house miniature pint pot, possibly by John Smithsend of London. c. 1700 - Size: 1"H, 15/16"diameter at opening - Condition: Excellent’.

46 - A Monteith of 1701 (sold in 1912).

‘There was a sale at Christie’s yesterday of old English Silver, and some good prices were realised. Some of the pieces were bought by Crichton Bros. of New York. A William III Monteith 9-1.2 inches high and 11-1/2 inches in diameter sold for $1,180. It was made about 1701 and weighs 69 ounces 10 pennyweights. The maker was probably John Smithsend’.167

- A porringer of 1701 (probably by John Smithsend).168

Porringer by John Smithsend, 1701

‘Phillips of Bond Street, sale. Includindg four early 18th century fluted and embossed porringers. Illustrated is a Queen Anne porringer, 1701, probably by John Smithsend’.

- A silver tankard of about 1711-1712. (Held by the Newark Museum, USA).

‘Silver tankard. Body decorated with engraved device and moulded rings. Flat lid with moulded edge. Ram's horn thumb piece. Initials I. B. A. engraved on handle which terminates in shield. Used for cider and ale’. The Senior curator adds the following:- ‘It is a standard tapered cylinder with a mid-band applied to the body for strength and decoration. A flat lid and the scrolled thumbpiece is similar to those found in New England tankards here in the colonies at the same time. (A picture is available on request from the Museum)’. This was acquired by the Museum in 1951 had previously been bought in England by a collector.169

Sarah Smithsend (b.1667). The daughter of Richard and Anne. She was christened in Tewkesbury on the 28th July 1667.170

Mary Smithsend (b.1669). The daughter of Richard and Anne. She was christened in Teweksbury on the 15th July 1669.171

Mary married John Pitman a Carrier from Tewkesbury on the 1st January 1693.172

There is a Will for a John Pitman, Innholder, of Tewkesbury dated 1731 so he may have died in 1730/31.173

In 1730 Mary was living with her brother Nicholas in Tewkesbury.

Also I give and bequeath unto my Niece Hester Smithsend who now lives with me and my sister Pittman the sum of fifty pounds of lawfull money of Great Britain to be paid to her when she shall attain the age of one and twenty years or be married which shall first happen.

Also I give and bequeath unto my sisters Ann Chetle and Mary Pittman and to my Sister in law Mary the widow of my brother Thomas Smithsend and to her two daughters Mary Smithsend and Ann Smithsend twenty shillings apiece to buy their rings.

Mary may have been re-married, late in life, to Robert Phelps of Twyning. Mary's niece Hester Smithsend had married Robert's son Edward. The marriage was on the 19th September 1730.174

47 She may be the Mary Phelps referred to in the Will of Nicholas Smithsend her cousin.

The links between the Smithsend and Phelps families in Tewkesbury are described in a separate document.

Susanna Smithsend (1671-1672). The daughter of Richard and Anne. She was christened in Teweksbury in July 1671.175 Susanna died as an infant on the 23rd February 1672.176

48 Thomas Smithsend (1673-c.1730). The son of Richard and Anne. He was christened in Tewkesbury on the 13th October 1673.177

Thomas was apprenticed to Nicholas Spalden in the Coachmakers Company on the 20th January 1688.178 Nicholas Spalden (d.1713) of Ashbourne, Derbyshire was a prominent Harness maker who supplied harnesses to the Royal Household.

Thomas was admitted to the Freedom of the City in January 1693.179

Thomas took his first apprentice in 1701.

Thomas is listed at Hemmings Row, St. Martin in the Fields in a Westminster rate book 1703-105.180

Thomas Smithsend – rate book entry, 1705

Thomas married Mary Parker on the 16th December 1707 at All Hallows, Staining, London.181

Thomas Smithsend – marriage entry 1707

There are several apprentices listed for Thomas in the period 1701-1729.182 183

Tous Thomas, son of Thomas, citizen and cordwainer (deceased), to Thomas Smithsend, 13 Nov 1701, Tennee Henry, son of Morgan, Covent Garden, Middlesex, mariner, to Thomas Smithsend, 13 Nov 1707

Friday Dec 4 1713 5. Thos. Smithsend Cit. Coach and Harness Maker, John son of Wm. Symonds of Windsor School, 19 Nov, £25 12s 6d. Common indenture, running for 7 years from the 19 Nov.

Friday April 5 1717 11. Thos. Smithsend Cit. Coach and Harness Maker, Charles son of Wm. Dale of St James Westminster, 2 July. Common indenture, running for 7 years from the 2 July. £20 10s (Dale Charles, son of William, St James Westminster, Middlesex, gentleman, to Thomas Smithsend, 2 Apr 171)

49 Watson John, son of Gilbert, St Martin in the Fields, Middlesex, shoemaker, to Thomas Smithsend, 3 Apr 1722

Saturday April 13th 1723 Thomas Smithsend Cit. & Coachmaker, Nathan son of Wm. Gates of Alton in Hampton? Maltster, 4 April?, Common Indenture, £12 6s (Gates Nathan, son of William, Alton, Hampshire, maltster, to Thomas Smithsend, 4 Apr 1723)

Manning John, son of John, St Margaret Westminster, Middlesex, yeoman (deceased), to Thomas Smithsend, 20 Jan 1725/6

Jambee Charles, son of William, St Marylebone, Middlesex, gentleman, to Thomas Smithsend, 1 Jul 1729

In 1709 Thomas was fined by the Coachmaker’s company.184

In 1709 there were several offenders who had abused an order passed ‘against bringing persons to Dinner that are not invited’. Mr Atkinson was heavily fined the sum of £7, Mr. Gilbert got off lightly with £1 and Mr. Smithsend was fined £2. 10s.

In about 1716 Thomas was involved in a dispute with William Dowdeswell of Pull Court, Worcestershire about his work as a Coach Maker when he was employed by William.185 William was the father of the MP and later Chancellor of the Exchequer, William Dowdeswell.

Complaint against Thomas Smithsend, Coachmaker c.1716 To The Right Honourable Thomas Earl of Macclesfield Lord High Chancellor of Great Brittain.

Humbly complaining herewith unto your Lordship your orator William Dowdeswell of Poole Court in the County of Worcester Esquire. That sometime in the year of our Lord one thousand seven hundred and twelve your orator having occasion to Employ a Coachmaker to do his work and belonging to the trade or mistery of a Coachmaker and being unacaquainted with any person of that trade one Thomas Smithsend of the parish of St James, Westminster was by some friend of his recommended to your orator as a person fit to be employed in such affairs.

And the said Thomas Smithsend although a stranger [to] your Orator did offer himselfe to your Orator to be employed in the same and he then pretending to be a man of great skill and understanding in that trade and business and alsoe professing himselfe to be a very honest just and fair dealer and faithfully promising that he would act and [deal] [ --- ] and justly by and with orator in all respects and that he would do and perform all such work for and sell to your orator all such goods materialls wares and merchandizes as your orator should at any time stand in need of or have occasion for at the most reasonable just and moderate [prices] and values and that all such goods wares and materialls as should be at any time used or applyed for your orator should be of the best sort and charged to your orator at the most moderate cheap and reasonable prices.

And that he would procure all such work and labour as should at any time be [ --- ] in the said trade of Coachmaker or in any other art trade or mistery thereunto relating or belonging to be done by the best hands and at the most moderate and reasonable prices respectively.

By all which fair pretences and promises of [the] [ --- ] your orator was advised and prevailed upon to employ [ ------] to amend repair fit up and keep in good order your orators coaches charriots and chaises and to do all such other work belonging to the same as should be at any time wanting as well in the said art of [ ------] alsoe in the arts mysteryes or occupations of a painter guilder harnessmaker or any other art or trade thereunto relating or appertaining.

And your orator did from time to time pay or cause to be payed unto the said Thomas Smithsend several large sumes of money at severall [ --- ] as he desired or demanded the same amounting in the whole to the sume of five thousand pounds or some other greate sume of money for and on account of all such work done and goods and materialls sold to or used for your orator as aforesaid.

50 And your orator further shows [ --- ] in the year of our Lord one thousand seven hundred and twelve or thereabouts your orator having occasion for a new charriot did desire the said Thomas Smithsend to agree with him at a certain price for makeing the same and the said Thomas Smithsend did agree [ --- ] beautifye paint guild perfect and finish the said Charriot in such manner as the same was then agreed upon between your orator and the said Smithsend and as the same was afterwards made and finished by the said Thomas Smithsend and alsoe to find and provide all kinds of [ --- ] guilding wheels joynts [cranes] springs glasses harnesses and all other materials utensils and other proper and convenient or requisite and needful to be used in and about the same for the sume of two hundred and fifty pounds or some other certain sume of money or [ --- ] and contract was made between the said Thomas Smithsend and your orator to that or the like effect and the same was [ --- ] into writing or some minutes or memorandum made thereof by the said Smithsend in a book in a book or paper the particulars which of your orator cannot perfectly [remember] [ --- ] having the same in his custody or power.

But the said Smithsend can well set forth and discover the said agreement or contract having the same in his custody or power or some notes or memorandums thereof in some books or papers by him kept for that purpose altho' he refuses to give [ --- ] such agreement or of such notes or memorandums thereof.

And your orator further sheweth unto your Lordshipp that in or about the month of December one thousand seven hundred and thirteen or thereabouts an agreement was made between your orator and the said Thomas Smithsend [ --- ] Thomas Smithsend should and would from time to time as long as your orator should think fit keep uphold and maintaine all your orators Coaches Chariotts and Chaises with the harnesses wheels springs [cranes] and all other things thereunto belonging or in any wise appertaining in good repair and [ --- ] well and sufficiently painted guilded beautified amended and adorned greased [cleated] and nailed as often as need should be and should during the said time find standing in his house or some other convenient place for your orators said Coaches Chariotts and Chaises and that your orator should [ --- ] for such repairs and standing after the rate of thirty five pounds [ --- ] or some other certaine sume for every year or so in proportion for so many years or so long time as your orator should think fit and desire the same.

And your orator further sheweth that the said now made chariott was from the making thereof under the care and keeping of the said Smithsend pursuant to the said agreement and was very seldome made use of by your orator but your orator being about to marry asked the said Smithsend what the expense would be of now guilding and cleaning up the said Charriot who told him it would cost about forty pounds or at the most fifty pounds and your orator being willing to be at that expense advised the same to be done accordingly.

And your orator hath at severall times while he employed the said Smithsend delivered or caused to be delivered unto him diverse of Coaches Charriots Chaises materialls goods wares and merchandizes and other things to be used and employed in and about the said work or otherwise to be disposed and applyed to and for your orators use and benefit and the same have been sold by the said Smithsend for a considerable sume of money…

Thomas replied refuting most of the charges. We do not know what the outcome was.

Thomas was appointed as an Assistant Burgess for the parish of St. James's on the 22nd September 1720.186

Thomas was listed in a London poll book in 1727.187

1727 Coachmakers, Smithsend Thomas, Piccadilly

In 1728 Thomas was the 'Anno Master' of the Coachmakers company. The 'Anno Master' was master for a year.

Thomas died before 1730; Mary was referred to as his widow in his brother's Will of that date.

Mary is listed in a Westminster rate book in 1730.188

51 1730 Widow Smithsend Picacadilly St James Piccadilly

Thomas and Mary had two children: Mary (1708-1766), Ann (c.1709).

Mary Smithsend (1708-1766). The daughter of Thomas and Mary. She was christened on the 8th October 1708 at St. Martin in the Fields, Westminster, London.189

Mary was left a bequest in 1730 in the Will of her uncle Nicholas Smithsend.

Mary married Thomas Chitter (1696-1740), at Lincoln’s Inn Chapel, Holborn, on the 16th (or 15th) December 1732.190

Thomas, the son of Robert Chitter from Chichester, was also a Coachmaker in London like Mary’s father. He was apprenticed in London in 1710. Thomas was listed in London Poll Books as living at Drury Lane in 1722 and 1727.191 192

Thomas was Master of the Coachmaker’s company in 1736.193

Thomas and Mary are mentioned in several court cases (Court of Equity) in the 1730’s and 1740’s – we do not have the details but they look to be related to business debts or money not paid by customers.194

Thomas died in 1740. Thomas had made a Will in 1733 not long after he was married.195

Will of Thomas Chitter - 1733 The Last Will and Testament of Thomas Chitter of the parish of Saint Martins in the the fields in the County of Middlesex, Coachmaker, being of sound and disposing mind and memory do make and ordain the same in manner and form following Viz.

Item. First all my debts and fines and Charges to be paid by my Executrix herinafter named which being done I give and bequeath the several legacys following. That is to say.

Item. I give to my friend Mr. Joseph Wells the sum of ten pounds and to each of his children a gold ring and a pair of Gloves.

Item. I give to to the Reverend Mr. Robert Burgiss the sum of ten pounds.

Item. I give to my Wife’s sister Miss. Ann Smithsend the sum of ten pounds.

Item. I give to my old acquaintance Mr. John Symonds the sum of ten pounds.

Item. Whereas Mr. Thomas Burgiss is now indebted to me upon his note in the sume of five hundred pounds principal money by interest to and paid for his use I therefore will and direct that in case the said Thomas Burgiss will enter into or promise goods real or personal security to be given to my loving wife Mary Chitter to pay unto her yearly during her life the sum of five and twenty pounds by half yearly payments to remayne from the time of my decease that then and in such case I do hereby release and discharge him the said Thomas Burgiss his Executors and Administrators from the said Note or from the payment of all Moneys that shall be due thereon at the time of my decease provided such sureity be given within the space of six months next after my decease and not otherwise.

But if the said Thomas Burgiss shall or do within six months next after my decease pay unto my said loving wife the said sum of five hundred pounds that then and in such case I will and direct that my said Wife shall upon payment thereof enter into or promise good real or personal securty to be given to the said Thomas Burgess to pay yearly unto him the said Thomas Burgiss or unto Mrs. Jane Burgiss his now wife during their respective lives and the life of the longer liver ot them the yearly sum of five and twenty pounds to be paid unto them and the longer liver of them by half

52 yearly payments and to remayne from the time of the payment of the said sum of five hundred pounds unto my said wife.

But in case the said Thomas Burgiss shall refuse or neglect to enter into or promise such security to be given or to pay the said money with the time aforesaid then I do make the said will and bequest to him and his said Wife void and none effect anything herein contained to the contrary thereof notwithstanding..

Item I give and direct and bequeath unto my said Wife and to Charles Banaster of Lincoln’s Inn in the Coiunty of Middlesex Gentleman and to their Executors or Administrators and to the Executors and Administrators of the survivor of them placed out upon mortgage of freehold Lands or Tenements or upon Government security in trust for such Child or Children my said Wife is now enseint with and if but one such child the whole sum of one thousand pounds to be by them unto such child upon his or her attaining the age of one and twenty years or day of Marriage which shall first happen. But if more than one such Child I will and direct that the said sum of one thousand pounds shall be equally divided between them and to be paid unto them upon their attaining their ages of one and twenty years of days of Marriage which shall fist happen. And I will and direct that the Interest or dividends of the said one thousand pounds shall in the meantime be by my said Trustees paid and applied towards the maintenance and education of such child or children and in such case there shall be no such children and one of them shall happen to die before his or her attaining the age of one and twenty years or day of Marriage then the share of the said one thousand pounds of him or her so dying shall go to the survivor but if both such child or children shall happen to die before his or her attaining the age of one a twenty years or day of Marriage that then and in such case I give and devise the said sum of one thousand pounds an all interest or dividends that shall be due thereon unto my said wife ot her own proper useand behoof.

Item. I give to the said Charles Banaster for his trouble in the said Trust the sum of fifty pounds.

Item. All the rest residue and reaminder of my Estate both real and personal of what nature or kind soever I give and bequeath unto my said loving wife Mary Chitter whom I make ordain constitute and appoint sole Executrix of this my Will and I do hereby revoke and make void all former Wills by me heretofore made and do declare this to be my last Will and Testament containing two sheets of paper to each of which I have set my hand and my seal to the last this eighth day of February in the Year of our Lord One Thousand Seven hundred and thirty three. Thomas Chitter. Signed sealed published and declared by the said Testator to be his last Will and Testament in the presence of us who have hereunto set our names as Witnesses at the request and in the presence of the sakd Testator. Samuel Cornwall, Joseph Griffin, Tempest Key.

This Will was proved at London on the Twenty first day of March in the year of our Lord One Thousand seven hundred and forty before the Worshipful William Strahan Doctor of Law Surrogate of the Right Worshipful Joshua Bettesworth also [Sofor] of Land and Master Keeper or Commissary of the prerogative Court of Cantebury lawfully constituted by Mary Chitter Widow the Relict and sole Executrix in the said will named to whom was granted administration of all an singular the Goods Chattles and Credits of the deceased being first sworn duely to administer the same.

- A note in the Margin of 22nd September 1787 implies that the administration had not been done in full and this was dealt with by Robert Chitter his son.

- Enseint means pregnant with.

When the Will was made none of the children had been born and Thomas left a very large sum of money for their upkeep and education and as a gift when they were married or reached the age of 21. There was also a complicated Trust in relation to some money lent to a Thomas Burgiss. The Trust for the children was either faulty or had not been correctly carried out as there was a court case between Mary and her surviving young children Robert, age 10, and Anne, age 6, (sponsored by John Orme). We do not know the full details.196

53 John Orme was also a Coachmaker living in Drury Lane. Later he seems to have been involved in several business deals with Robert Chitter and they both had an interest in West Drayton manor which John Orme leased for many years until the 1780’s. Robert Chitter became a lawyer.

Robson’s directoy for London of 1829 lists a Mary Chitter at Crown Tavern, Vinegar Yard in Drury Lane (near to Drury Lane Theatre) – this might be the location of Thomas and Mary Chitter’s house and Mary may be their granddaughter.197

Mary died in 1766 and was buried at St. Paul, Hammersmith on the 18th May.198

Mary and Thomas had four children: Thomas Chitter (bd.1733), Thomas Chitter (1734-c.1744), Robert (1736-1808), Anne (b.1739).199 200 201 202 203

Ann Smithsend (c.1709). The daughter of Thomas and Mary.

Ann was left a bequest in 1730 in the Will of her uncle Nicholas Smithsend.

Ann was left a bequest in the Will of her brother in law Thomas Chitter, date 1733. She was single in 1733.

Descendants of John Smithsend (1665-1725)

John Smithsend (bd.1693). The son of John and Elizabeth. He born and baptised on the 16th March 1693.

He died as an infant a few days old, registered at St. Vedast, Foster Lane, London.204 John senior was described as 'out of Gutter Lane'.

Richard Smithsend (bd.1694). The son of John and Elizabeth. He was born on the 6th February 1695 and baptised ('in Gutter Lane') on the 9th February at St. Vedast, Foster Lane. 205

He was buried in the churchyard on the 12th February 1694/95.

Edward Smithsend (1695-1758). The son of John and Elizabeth. He was born on the 7th of December 1695 and was baptised at St. Vedast, Foster Lane, London on the 9th December.206

The register also included the following note.

Male Childe of Mr John Smithsend was borne on the 7th Day of December 1695.

Edward was apprenticed to the Painters' company in 1711. His master was Roger Askew who was a Coach painter and master of the Company in 1726. The Painters-Stainers Livery company was a guild for cloth stainers and painters of wood and other items.207 208

Roger Askew had links with Lancaster and a gift of a Chalice from him to Kirkby Ireleth church still exists. 'The gift of Mr. Roger Askew Citizen & Painter Stainer of London for the use of the Communion Table of the Parish Church of Kirkby Ireleth. Anno 1737'.

1711 Smithsend Edward, son of John, citizen and haberdasher, to Roger Askew, 7 Mar 1710/1, Painters' Company

The fee was £20 17s 6d.

Edward was admitted to the Guild on 3rd June 1719 and became a Freeman of the City in June 1719. 209 210 211 212

Edward was left a guinea in his father’s Will of October 1724.

Edward married Elizabeth Clarke at St. Benet Paul's Wharf, London on the 4th August 1730.213 214 Edward was a batchelor of St. James, Westminser and Elizabeth was a widow of Aldgate, London.

54

In about 1737 Edward was working on a group of cottages built on the Craven Estate (now Kensington Church Street off Notting Hill Gate).215

In June 1736 the two members of the Craven family in whom the estate was then vested sold the property for £360 to the architect Isaac Ware, and six months later Ware conveyed a moiety of it to Charles Carne of St. Martin's in the Fields, glazier. In August 1736 they entered into an agreement to let the estate at Kensington for building to Richard Gibbons of Bloomsbury, carpenter. Craven House was demolished and along the Church Street front Gibbons built twelve houses in two blocks of six, formerly Nos. 1–6 and 7–12 High Row, now Nos. 128–142 (even) and 152–168 (even) Kensington Church Street. Ware and Carne let the houses on seventy-one-year leases either to Gibbons, or at his request to the building tradesmen who had evidently assisted with the work. These were: Thomas Callcott the younger, bricklayer; Richard Gould, plasterer; and Edward Smithsend, painter, all of Kensington.

James Allen (1683-1746), a prominent 18th century educationalist, bought six of these houses in 1737.

… his letter to the tenants, Mr. Swann, Mr. Smithsend, Mr. Calcott and Mr. Wedeborough, proposing a meeting on 20 October, at the Crown Inn, Kensington, ‘or where else they please’, The sum of £10 13s, was paid on that day, presumably to James in person, who then ‘treated’ them at a cost of thirteen shillings, and the same procedure was followed at regular …

Allen was the Master of Dulwich college and the houses he had bought were later handed over to the College.

… In order to provide education for the boys of Dulwich in 1741 he made over to the College six houses near the gravel pits of Kensington that he had bought in 1737, the rents from which were to be used to establish two small schools in Dulwich to be known as the Dulwich Free School, first set up in a local tavern …

Edward married Margery Parry on the 21st May 1740 at St. Margaret's Westminster.216

By 1740 Edward was living the parish of Kensington and apparently owned several leasehold properties in the Kensington and Notting Hill areas of London.

Edward was mentioned in the Will of his cousin Nicholas Smithsend in 1741. This was Nicholas (1688-1742) of Walton Cardiff.

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.

Edward appears on a document on 1747, possibly as a juror.217

Kensington Augst ye 25 1747 t of Freeholders Coppy Hoders & Leas Hoders Parish of Kensington Pursuant to a Late of Parliament for the Better Regulateing Of Juries and So Forth

William Holo. Tallow Chandler William Penford, Grocer Abraham Collet, Mason Thomas Spurling, Brewer Christopher Martin, Chapman Isaac Lock, Joyner Joseph Wedgbrough, Carpenter

55

William Pasmore, Gent Thomas Hubbard, Maltster Richard Bird, Cheesemonger Thomas Aldridge, Gent

North High Way Henry Bristow, Wheel Wright Peter Achambor, Gent William Lukin, Goldsmith Edward Smithsend, Painter

Parsons Yard Henry Collet, Currier John Price, Bricklayer Wm Watkins, Constable

A Robert Smithsend, painter, appears in a London poll book in 1750. This might be a mistake for Edward.218

1750 Robert Smithsend, Painter, Kingsland

In 1756 Edward was involved in a dispute with a Thomas Perkins and his wife as Edward had inherited an interest in some money, that Thomas had borrowed and not repaid, secured on a Property and land in Richmond Hill.219

To the Right Honourable Philip Earl of Hardwicke Lord High Chancellor of Great Britain (25 Woodford).

Humbly complaining hereunto your Lordship your Orators and Oratrix Edward Smithsend of Kensington in the County of Middlesex Painter Stainer, Edward Walker of Duke Street Lincolns Inn Fields in the County aforesaid Victualler, and Elizabeth [Twain] of the Parish of Saint Margaret's Westminster in the County aforesaid Widow - the Executors and Executrix of the last Will and Testament of George [Twain] of the said Parish of Saint Margaret Westminster lately deceased.

That Thomas Perkins now or late of the Parish of Saint George Hanover Square and Elizabeth his Wife which said Elizabeth was the Executrix of the last Will and Testament of Edward [Fitzwater] her late Husband, deceased, or one of them being or [pretending] to be [possesed] or otherwise [entitled] to a Term for yeares or some Leasehold interest in the [PlayHouse] or messuage Lands and premises hereinafter more particularly mentioned.

And having occasion for Money did apply to the said George [Twain] and desire him to lend them the sum of two hundred pounds and in order to secure the repayment thereof with Interest at the rate of five pounds by the hundred by the year did propose to Mortgage the said Playhouse Messuage Lands and premises to the said George [Twain] and the said George [Twain] did comply with the said request of the said Thomas Perkins and Elizabeth his wife and did accordingly lend them the said sum of two hundred pounds. ….. And your Orators and Oratrix further show unto your Lordship that the said sum of Two hundred pouinds or any part thereof was not paid according to the proviso in the said Indenture contained at the time therein mentioned or at any other time either to the said George [Twain] in his life time or to your Orators and Oratrix the Executors thereof.

This is quite an interesting property as it was probably one of the early theatres in Richmond. Most likely the Playhouse sited at 10-18 Richmond Hill owned by John Darrell (mentioned in the writ) which had summer performances from about 1730-1760.

In the period of the writ it may not have had a licence and been known as the 'Music room' and rented by Theophilus Cibber, the son of the famous Colly Cibber (1671-1757), the actor, playwright, and Poet Laureate in 1730, and used for rehearsals by a drama school.

56

The building was later a Methodist chapel and was demolished in the 19th Century.

Edward was listed as a tax payer in Middlesex in 1756.220

Edward died in 1758.221

Will of Edward Smithsend - 1758

I Edward Smithsend of the Parish of Kensington in the County of Middlesex, Gentleman, being of sound and perfect mind memory and understanding, do make and publish this my last will and testament as follows, that is to say,

First, I do as far as in me lyeth satisfy and confirm the marriage agreement bearing date the twenty second day of May One thousand seven hundred and forty made previous to and in consideration of my marriage with Margery my now wife, then Margery Parry, Spinster and made or intended to be made between me the said Edward Smithsend of the first part and my said then intended and now wife of the second part and John Partridge of the third part.

Whereby the Leaseholds, Messuage or Tenement with their appurtenances wherein and now herewith situate and being at Kensington Gravel pits in the said parish of Kensington as also my Copyhold cottages and tenements in the parishes of St Mary Whitechapel and St Botolph Aldgate in the County of Middlesex together with an 'Exchequer' Annuity of ten pounds by the year are all settled and assured to be settled and assured to an upon my said wife and the survivor of us.

And from and after our Deaths if without issue in manner as Herein mentioned. And my will is and resolve I give and bequeath the said Messuages or tenements at Kensington Gravel pits with their appurtenances and also the said 'Exchequer' Annuity of ten pounds a year unto my dear and loving wife Margery Smithsend her Executors, Administrators and Assigns.

I likewise give and devise unto my said dear wife Margery the Leasehold, Messuage or tenement with its appurtenances situate at Kensington Gravel Pits aforesaid which were purchased of Mr Thomas Calcott. To hold to her, her Executors, Administrators, Assigns as to all those my [ --- ] Copyhold cottages or tenements situate and being in Rosemary Lane, Crofoots Court, and White's Yard in the said parish of St Mary Whitechapel within the manor of Stepney, otherwise [ --- ] in the county of Middlesex.

And also all those my seven cottages or tenements in [ --- ] within the parish of St Botolphs Aldgate in the said County of Middlesex. I give and devise the same and every of them with their and every of their appurtenances foresaid, after the decease of my said wife Margery unto my niece Esther Smithsend Daughter of my Brother Nicholas Smithsend late of [ --- ] now living with us. To hold to my said Niece Esther Smithsend her heirs and assigns for ever. She paying thereout unto my sister Ann Smithsend of Tewkesbury in the County of Gloucester, Spinster, and her assigns and annuity or yearly sum of ten pounds by quarterly payments at the four most usual feasts viz. Lady day, Midsummer, Michaelmas, and Christmas Day. The first payment to begin and be made on such of the feasts happen next after the decease of my said Wife in case she survives me, and if not next after my decease.

Also I give and bequeath unto my said Niece Esther Smithsend the Bond from Messrs. Williamson, Clarke and Hewitt and good to me in the 'Royalty' of four hundred pounds conditioned for the payment of two hundred pounds with interest and all Monies now remaining due thereon and all benefit, profit and advantage to be had, made or gotten thereby.

Likewise I give unto my said Niece Esther Smithsend the bond of Mr John Clarke to me in the 'Royalty' of two hundred pounds conditioned for the payment of one hundred pounds and interest and also the Mortgage of a Leasehold estate made to me by the said John Clarke situate at Kensington Gravel pits as a collateral security for the payment of the said last mentioned bond. And all the monies and [ --- ] now due on the said bond and Mortgage or either of them and all benefit, profit and advantage to be had, made or gotten thereby.

57 And I do order and direct that my Executrix hereinafter named shall convey and assign over the said bonds and Mortgage for my said Niece at such time and in such manner as my friend Mr Roger Gately shall think it proper and convenient to propose and consider conveyance or execution so as the same be done within Twelve month next after my decease but in case the said Roger Gately shall depart this life before me or before such conveyance or execution then I direct the sa me to be prepared by such other person as my said heirs shall appoint to be Executors by my said Executrix within the time above limited for the doing thereof.

I give and bequeath unto my brother Richard Smithsend five pounds and my Silver Watch to be paid and delivered to him within one month after my decease.

And I give unto my brother in law John Parry fifty pounds and my [ --- ] watch to be paid and delivered to him within one month of my decease.

I also give to my said Brother in law John Parry and his wife, my friends Mrs Bromley and Mr [ --- ] Collcot and his wife a Ring of one Guinea value worth.

All the residue of my Estate Real or Personal which I now or shall or may hereafter be seized or possessed of [ --- ] in any ways entitled unto after payments of my just funeral expenses, the [ --- ] of proving this my will and other [ --- ]. I give or devise unto my said Dear and loving wife Margery Smithsend and her Heirs and assigns for ever.

And I [ --- ] and appoint my said Dear wife Margery Smithsend sole Executrix of this my will revoking all former wills by me at any time heretofore made. In Witness whereof I the said Edward Smithsend have hereunto set my hand and seal this thirteenth day of June in the year of our Lord One thousand Seven hundred and fifty eight, and in the thirty first year of the Reign of his Majesty King George the Second. Edward Smithsend

Signed sealed published and declared by the said Testator, Edward Smithsend as and for his last will and testament in the presence of and as [ --- ] in the presence of use who have hereunto subscribed our names as Witnesses. Roger Gateley William Callaway [ --- ] Alexander Berryman Proved: 5 Sept 1758 at the Perogative Court of Canterbury.

Edward's second wife Margery Parry was christened on the 9th August 1692 at Peterchurch, Hereford. Her parents were John and Mary Parry. She had several brothers and sisters; John, Matthew (b.1699), Joseph (b.1706), James and Mary.

Margery died a year after her husband in 1759.222

Will of Margery Smithsend proved 1759 I Margery Smithsend of the parish of Kensington in the Country of Middlesex, widow, being of sound mind memory and understanding do make and publish this my last will and testament as follows.

First I order and devise that my Executor hereinafter named do and shall cause or 'procure' me to be buried in the same grave with or as near as may be to my late dear husband Edward Smithsend in '---' and in the same manner he was buried. And I do devise that my body may not be interred until after eight days from my decease.

And as to my temporal Estate I dispose thereto as follows…

Her estate was mainly distributed to her brothers and sisters and other members of the Parry family with a small bequest to Esther Smithsend.

I give my niece Esther Smithsend a ring of one guinea value.

58

Smithsend and Hall's Charity

Although Margery made no explicit provision in her Will some money was used to set up a charity in her home town of Peterchurch, perhaps by her brother or by Roger Gateley her executor. This charity was later amalgamated with another one set up by a William Hall of Peterchurch and was then known as Hall and Smithsends charity; it was probably some kind of provision for the poor of the parish.

Conway Smithsend (b.1697). Also Conaway. The son of John and Elizabeth. He was christened on the 13th January 1697 at St. Botolph's Aldgate, London.223 224

Jane Smithsand (d.1703). The daughter of John Smithend. This is probably an infant daughter of John and Elizabeth.

She died in 1703 and was buried at St. Botolph. Aldgate on the 9th June.225

John Smithsend (c.1704-1729). The son of John and Elizabeth. He was born in about 1704.

In 1717 John was apprenticed to the Pewterers Company.226 227 This was a London Guild set up to control the quality and craftsmanship of Pewter goods. Pewter is a mixture of tin with other metals.

Wednesday 23 September 1724 James Robbins Citizen Pewterer, John son of John Smithsand. Cit. and Goldsmith,11 Oct 1717. Common Indenture. 7 years £10 5s. (1717 Smithsand John, son of John, citizen and goldsmith, to James Robins, 11 Oct 1717, Pewterers' Company)

John who was buried on the 17th January 1729, at St. James, Piccadilly. He is not mentioned in the Will of his Uncle Nicholas in 1730.228

Nicholas Smithsend (1709-c.1748). The son of John and Catherine. He was born in 1709. In his Will of 1724 his father refers to Nicholas first and as follows:-

… well knowing that she is a tender mother and will take care of the maintenance and bringing up of my five small children viz. Nicholas and Richard my sons and Ann, Katherine and Hester my daughters.

Nicholas was apprenticed to Thomas Darby in 1725. His father’s name was given as John Smithsend, deceased. Thomas Darby was described as a Joiner. He may be the Thomas Darby, Furniture maker who lived in Fleet Street and who was a member of the Upholders Company. ‘Upholders’ is a term for Upholsterers.229

Nicholas was also mentioned in the Will of his Uncle Nicholas Smithsend (made in 1730). 230

Imprimis. I give and devise unto my Nephew Nicholas Smithsend the son of my brother John and to his heirs forever all that my messuage or tenement with the Malt House Garden stables and appurtenances situate and being in the High Street in Tewkesbury aforesaid.

All the rest and residue of my personal estate Goods and Chattells whatsoever I give and bequeath unto my said Nephew Nicholas Smithsend whom I make the Sole Executor of this my last will and testament hereby revoking and make void all former wills by me made and I nominate and appoint my good friend Nicholas Smithsend of Walton Cardiff to be Guardian over the person and estate of my said nephew Nicholas Smithsend during his minority and to be Overseer of this my last will to see the same performed and I give to him Twenty shillings.

Nicholas married Patience Luckcraft at St. Peter and St. Paul, Milton by Gravesend, Kent, on the 12th July 1732.231 232

Nicholas had died by 1748 and Patience married Ebenezer Broome on the 3rd February 1749, at St. Mary Le Bow, London. They had a son Edward Smithsend Broome (b.1750).233 234

59 Nicholas was referred to as the 'late Nicholas Smithsend' in his brother Edward's Will of 1758.

Nicholas and Patience had two children: Mary (1733-1735), Esther (1735-1797).

Mary Smithsend (1733-1735). The daughter of Nicholas and Patience. She was christened on the 15th August 1733 at St. Botolph, Aldgate. They were living at Cock and Hoop Yard, Houndsditch (now Stoney Lane, Aldgate).235 236

Mary died in 1735 and was buried on the 13th July at St. Botolph, Aldgate.237

Esther Smithsend (1735-1797). Also Hester. The daughter of Nicholas and Patience. She was christened on the 7th September 1735 at St. Botoloph, Aldgate. They were living at Cock and Hoop Yard, Houndsditch 238 239

In 1758 Esther was living with her Uncle Edward and Aunt Margery – her father had died by 1748. Edward left her several hundred pounds in his Will – a large sum of money.

Esther was mentioned in the Will of her Aunt Margery Smithsend in 1759.

Esther married James Cushnie (d.1778), of Grantham Lincolnshire, on the 23rd April 1767 at St. Mary Abbot's, Kensington. Cushnie is a name of Scottish orgin.240 241

James died in 1778 and was buried at St. Giles in the Fields, London on the 8th November.242

In 1789, age 52, Esther was listed as a Pauper at St. Martin in the Fields.243

Esther died in 1797 and was buried at St. Martin in the Fields on the 2nd January.244

Esther and Jaimes had one child. James Cushnie (b.1768).245

Anne Smithsend (c.1712). The daughter of John and Katherine. She was born in about 1712. She was mentioned in her father’s Will of October 1724.

… well knowing that she is a tender mother and will take care of the maintenance and bringing up of my five small children viz. Nicholas and Richard my sons and Ann, Katherine and Hester my daughters.

She was mentioned in the Will of her brother Edward in 1758 where she received a regular payment from part of the estate. She was in Tewkesbury at that date.

She may be the Anne Smithsend mentioned in the Tewkesbury Churchwarden's accounts on the 12th September 1748. Ann Smithsend one sitting in room of Mary Phelps at 12d annually.246

It may be Ann who was a witness to two marriages in Tewkesbury.247

1754 - William Barnard & Elisabeth Glover both of this Parish were married in this Church by Licence in ye presence of: William Barnard & Ann Smithsend

24 Oct 1756 Samuel Lintridge and Elisabeth (X) Yerrow both of this Parish were married in this Church by Banns in the presence of: Thos Leake & Ann Smithesend

Katherine Smithsend (c.1714-1748). The daughter of John and Katherine. She was born in about 1714. She was mentioned in her father’s Will of October 1724.

… well knowing that she is a tender mother and will take care of the maintenance and bringing up of my five small children viz. Nicholas and Richard my sons and Ann, Katherine and Hester my daughters.

60 Katherine married Ebeneezer Broome on the 22nd August 1734 at Fleet Prison.248 This was a licensed location for marriages outside of church regulations. These ‘clandestine’ marriages were cheaper or it might be the couple wanted to marry more privately away from their parish..

We think that Katherine had died by 1748 and Ebeneezer married his sister in law Patience Smithsend in 1749.

Hester Smithsend (1716-1754). The daughter of John and Katherine. She was born in 1716. She was mentioned in her father’s Will of October 1724.

… well knowing that she is a tender mother and will take care of the maintenance and bringing up of my five small children viz. Nicholas and Richard my sons and Ann, Katherine and Hester my daughters.

Hester married Edward Phelps in about 1732 and they had several children. Their grandson Robert Phelps (b.1790) eventually inherited part of the Smithsend Estate in 1833.

Full details of Hester and Edward are in a separate document describing the links between the Smithsend and Phelps families.

Richard Smithsend (c.1710-1782). The son of John and Katherine. He was born in about 1710.

Richard was mentioned in his father’s Will of October 1724.

… well knowing that she is a tender mother and will take care of the maintenance and bringing up of my five small children viz. Nicholas and Richard my sons and Ann, Katherine and Hester my daughters.

Richard was apprenticed as a carpenter in 1725.249

Monday June 28th 1725 Thomas Derby Cit. & Joyner. Richard son of John Smithsend decd. Briddingston in Kent, 23 July? Common Indenture 7 years. £12 6s

Richard married Elizabeth Broadfield (by banns) on the 29th May 1738 at St. Martin in the Fields, London.250 251 The Banns were read on the 21st May 1738 at St. Martin-In-The-Fields.252

Marriage of Richard Smithsend & Elizabeth Broadfiel 1738

Richard was left a bequest of £5 and a silver watch by his brother Edward in 1758.

Richard was described as 'Richard Smithsend of Mile End Old Town, Sadler' when his son Nicholas was born in 1761.

Richard died on the 24th February 1782.253

Richard and Elizabeth had nine children: Richard (c.1738-1798), John (b.1739), Sarah (b.1743), Mary (bd.1746), Mary (b.1748), Elizabeth (b.1750), James (c.1752), Edward (1755-1829), Nicholas (1761- 1837).

Francis Smithsend Broadfield (1837-1841)

Francis was born on the 26th April 1837 at Worcester. He died on the 29th December 1941. His rather was John Chidley Broadfield who married Ann Lewis in 1824 in Worcester. His grandfather was William Fisher Broadfield born about 1775.

61 We do not know why he was given the middle name of ‘Smithsend’ – he is perhaps related to the family of Elizabeth Broadfield and her son Nicholas Smithsend, who lived in Worcester, would have been an older cousin to Francis’ father John Broadfield.

Richard Smithsend (c.1738-1798). The son of Richard and Elizabeth. His brother Edward refers to him (in about 1798) in the documents for a court case as the ‘first son’ and that he died without any children.

John Smithsend (b.1739). The son of Richard and Elizabeth He was christened at St. Andrew, Holborn on the 11th February 1739. The famiily were living at Church Yard.254 255

Sarah Smithsend (b.1743). The daughter of Richard and Elizabeth. She was christened at St. Mary, Whitechapel on the 6th November. The family were living in Rosemary Lane. 1743.256 257

Mary Smithsend (bd.1746). The daughter of Richard and Elizabeth. She died as an infant only 2 months old and was buried at St. Mary, Whitechapel on the 9th October 1746.258

Mary Smithsend, A child from the High Street, age 2 months, Congestion

Mary Smithsend (b.1748). The daughter of Richard and Elizabeth. She was christened at St. Mary Whitechapel on the 12th June 1748. They were living in High Street.259 260

Elizabeth Smithend (b.1750). The daughter of Richard and Elizabeth. She was born in 1750 and baptised on the 5th August 1750 at St. Mary, Whitechapel.261

James Smithend (c.1752). Possibly the son of Richard and Elizaebth. He was born in about 1752.

James married Mary in about 1778.

James and Mary had two children. Ann (b.1779), John (b.1782).

Ann Smithend (b.1779). Ann Windham. The daughter of James and Mary. She was born in 1779 and baptised on the 10th June at St. Mary Magdalen, Bermondsey.262

John Smithend (b.1782). John Windham. The son of James and Mary. He was born in 1782 and baptised at St. Mary Magdalen, Bermondsey on the 20th June.263

Edward Smithsend (1755-1829). The son of Richard and Elizabeth. He was christened at St. Mary, Whitechapel on the 10th August 1755. The family were living in Catherine Wheel Alley.264 265

Edward married Sarah Allbright (or possibly Broome) on the 28th September 1771, at Shoreditch St. Lenonard's. He was a sadler and possibly lived at Newington Butts.266

In about 1796 Elizabeth Smithsend of Walton Cardiff received a letter from her solicitor saying that two men from the London area had been making enquiries about the estate. These men were Edward Smithsend and possibly his brother Nicholas. Edward was the great grandson of Richard (1625-1697) and the basis of his claim was that Richard's father had left the estate in 'fee entail' such that it must pass down through the closest male line and so could not be left to daughters.

Although your orator charges and the truth is that upon the death of the said Nicholas Smithsend of Worcester without issue Male your orator became intitled to all the estates notwithstanding which the said Mary Smithsend the widow of the last mentioned Nicholas Smithsend immediately after his decease entered into the possession and the receipt of all the rents and profits of the whole of the said Estates and Premises and by himself and the said Mary Ann Smithsend Sarah Smithsend and Elizabeth Smithsend under [---] of the said pretended will of the said last mentioned Nicholas Smithsend have ever since continued such possession and have Received the rents issues and profits of the whole of the said estates.

62 Wherefore your orator has repeatedly by himself and his Agents on his behalf applied to the said Mary Smithsend the widow and to the said Mary Ann Smithsend Sarah Smithsend and Elizabeth Smithsend and requested they and each and all of them should forthwith delivered up to you orator all the Estates Lands and premises which were the Estates of the said Nicholas Smithsend of Walton Cardiff and which were devised by his Will as before mentioned and further to account with your orator and pay him the whole of the rents issues and profits thereof from and since the death of the said Nicholas Smithsend of Worcester which your orator well hoped they would have complied with.

The case apparently had little merit and was abandoned without coming to court.267

Edward is listed on an account of November 1813.

6 November 1813 An account of Monies issued by the Lords Commissioners of His Majesty’s Treasury … and of money received in Rent.

The under mentioned Persons, Inmates, and Lodgers in the House, No.7 in Little George Street, and several of the house in Bow street. Edward Smithsend £3 0 0 …

Edward died in 1829.

Edward was mentioned in a newspaper item in 1829.268

Manchester Courier and Lancashire General Advertiser Publication date:Saturday 6th June 1829 An old member. In the month of March last a man named Edward Smithsend died in London in his 74th year. He was a member of the Sadler’s Society, and he became unwell in 1792, and was put upon the funds of the society. For twelve months he received full pay. In 1792 he was reduced to half pay and was afterwards made a pensioner on the society’s funds for life. He was thus in the pay of the society for 37 years, and received from it in all the sum of £795.

Edward and Sarah had two children: James (b.1772), Sarah (b.1781).

James Smithsend (b.1772). The son of Edward and Sarah. He was christened on the 9th August 1772 at St. Leonard's, Shoreditch.269

Sarah Smithsend (b.1781). The daughter of Edward and Sarah. She was christened on the 6th January 1781 at St. Leonard's, Shoreditch.270

Nicholas Smithsend (1761-1837). The son of Richard and Elizabeth. He was christened on the 22nd February 1761 at Stepney, St. Dunstan. Richard his father was described as 'Richard Smithsend of Mile End Old Town, Sadler'. Nicholas was 18 days old when he was christened.271 272

Nicholas appeared in a court case in the Old Bailey in 1788.273

John Marsden, theft: simple grand larceny, 27 Feb 1788. Trial Summary: Crime(s): theft : simple grand larceny, Punishment Type: transportation, Verdict: Guilty,

184. John Marsden was indicted for feloniously stealing, on the 24th of December, an iron half ring bit, plated with silver, value 5 s. an iron bradoon, plated with silver, value 7 s. a leather bridle, with four buckles plated with silver, value 7 s. a copper curb, with hooks fixed thereto, value 5 s. a leather bridle, with hooks fixed thereto, value 5 s. a leather bridle, with four buckles, plated with

63 silver, value 5 s. a copper curb, with hooks fixed thereto, value 5 s. an iron cheek-bit, value 10 s. one other leather bridle, with four iron buckles, value 7 s. an iron bit, plated with silver, value 5 s. and twenty iron nails, plated with silver, value 10 s. the property of James Goodson.

James Goodson sworn.

I am a sadler in Exchange-alley; the prisoner lived servant with me about two years, I discharged him on the 29th of December, I had missed a vast number of things in the sadlery business, I had turned away a number of my men, because I could not find out the thief; I told the prisoner it would be better for him to tell the truth at once, that I would not prosecute him; and he confessed a vast number of things, but never confessed the things mentioned in the indictment.

Did he give you a list of them? - No.

Court. Then I think that is very unfair against the prisoner.

James Philipson sworn.

I am a sadler, I live at the corner of the Blue Boar Inn, Aldgate, High-street; Nelson, the ostler of the inn, told me had some bridles to sell; I had heard of Mr. Goodson's robbery, and I sent to Mr. Goodson, he came to me the next morning, and Nelson and Butler brought the things to my shop.

Edward Nelson sworn.

I am ostler at the Blue Boar Inn, Aldgate, Mr. Butler asked me to take three bridles in exchange for a watch; he desired me to carry them to the last witness to know the value of them, which I did next morning.

(The bridles were produced in Court by John Clarke, one of the marshalmen, who said he had them of Mr. Philipson.)

Are those the bridles you had of Mr. Butler? - I have not the least doubt but they are the same, I delivered them to Mr. Philipson.

Robert Butler sworn.

I keep the tap at the Three Nuns, Aldgate; about six weeks before Christmas, the prisoner asked me if I had a watch to dispose of; I told him I had; he said he had not got money, but he had got some bridles, he said he had the bits out of the country, and had made them up at leisure hours at home; he left them with me, and had the watch upon trial; as he never returned, I sent them by Nelson to be valued.

Are you sure of his person? - Very sure, he had used my house.

Nicholas Smithsend sworn.

About a fortnight before Christmas, I bought a plated bit of the prisoner; I delivered it to Mr. Goodson, as soon as I heard he had been robbed.

George Dawson sworn.

I am a sadler, I work for Mr. Goodson; the latter end of last July I bought five sets of plated nails of the prisoner; in consequence of a letter I had of him; I gave them to Mr. Goodson.

Should you know them again? - I cannot say.

(The letter produced in Court by Mr. Denton.)

(The bridles were deposed to by the prosecutor, but the nails he could not swear to.)

64 William Lunn sworn.

I am clerk to Mr. Goodson.

(Deposed to the bridles.)

William Smith sworn.

I am a journeyman to Mr. Goodson, I know this old bit to be my master's, I carried it to be repaired and fresh plated; the plating is wore off, and it could not be replated.

Prisoner’s Defence I was in business in the country six years and ten months; I failed, and sold my goods to a young man who had been my apprentice; after I had been in town some time, he sent the bits to me to sell them for him; I compleated them, and offered them to Mr. Butler in exchange for a watch.

Guilty.

Transported for seven years.

Tried by the London Jury before Mr. Rose.

Several of the witnesses were Sadlers and perhaps friends or colleagues of Nicholas' brother Edward who was also a Sadler.

Nicholas inhertited a life interest in part of the Smithsend estate in 1833 from his cousin Elizabeth; he was the last male with the Smithsend surname and a great grandson of Richard Smithsend. Nicholas wrote to the Executors in 1833.274

Letter from Nicholas Smithsend Sir, I received your letter this morning, in answer I beg to say that as you expect the new trustees will be appointed in a few days I will wait till then when I shall expect to receive the amount of my half years rent according to Miss Smithsends will which I hope will be shortly as I am in bad want of it.

I remain Sir yours obediently,

Nicholas Smithsend

Nicholas died in 1837 and was buried at Worcester, St. Michael on the 16th May 1837, aged 75 and the inhertiance passed to a cousin Robert Phelps.

Probate was granted on the 22nd June 1837 and there is an entry in the Index to the death duty registers in 1837.275 276

65 Family Tree 277

1 Tewkesbury Wills 1601-1700 2 Tewkesbury Wills 1601-1700 3 Gloucester Marriage Allegations. Richard Smithsend & Sarah Guy, 17 Aug 1680 4 TWPR: 19 July 1680, Richard, s. of Richard Smithsend, Gent, marryed to Anne, d. of Anne Guy of ye Woolpak, Widow. P329 IN 1/7 5 IGI: Marriage. Richard Smithsend=Anne Guy, 19 Aug 1680, Tewkesbury 6 PRO: Hine versus Smithsend and Whitthorne. C9 87/80-001 7 Francis North, 1st Baron Guildford (1637-1685) 8 1682. Reign of Charles II measured from 1649 9WRO: 705:139 8397. Inventory of Richard Smithsen the elder of Tewkesbury.1684. 10 HBC Records. Microfilm. A.1/8 fo. 22 11 Research on Richard Smithsend by Judith Valenzuela, Winnipeg, Canada. 12 The Remarkable History of Hudson’s Bay Company. By George Bryce, 1910 13 Canadian Dictionary of Biography 14 AN, Col., C11A, 10, ff.146–47. HBC Arch. A.1/14, f.10d; A.1/84, f.15d; A.9/4, f.16–16d. HBRS, XI (Rich and Johnson), 214– 15; XX (Rich and Johnson). 15 The Project Gutenberg eBook, Canada: the Empire of the North, by Agnes C. Laut, 1909 16 Perpetuana. A collection of depositions taken before the Court of Admiralty in London as to the capture of the vessel Perpetuana, freighted by the Hudson's Bay Company, by the French, in 1685. [Board of Trade. Hudson's Bay I., pp. 225–332.] From: 'Addenda: December 1686', Calendar of State Papers Colonial, America and West Indies: 1685-1688 and Addenda 1653-1687, volume 12 (1899), pp. 659-660 17 HBC Records. Microfilm. A.1/84 fo. 15d 18 Note: Trading posts were called 'Factories' as the trader or 'factor' worked from there. 19 Note: The Chateau St Louis was on the site where the 19th Century Chateau Frontenac now stands. 20 Note: The logbooks were kept on board all Company ships that sailed annually between London and their trading posts on the Bay. The usual route took them from the Thames Estuary up the east coast of the UK to Stromness in the Orkney Islands, where the Company’s servants and crew were embarked. From here they sailed round Cape Farewell in Greenland and entered the Hudson Strait south of Resolution Island. Once in the Bay the routes diverged either south to Moose Factory or to Churchill or York Factory. 21 HBC Records. Microfilm. A.1/9 fo. 7 22 HBC Records. Microfilm. A.1/9 fo. 8 23 HBC Records. Microfilm A.6/1 p. 165/6 24 Beckles William. The great company: The great company : being a history of the Honourable Company of Merchants- Adventurers Trading Into Hudson's Bay. pp130-131. Published. 1899 25 HBC Records. Microfilm. A.1/84 fo. 15 26 HBC Records. Microfilm. A.1/9 fo. 8 27 HBC Records. Microfilm. A.1/9 28 Note: The Industry frigate of about 60 tons was bought by the HBC and was renamed the Huband after Sir John Huband, Baronet, a Committee member

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29 HBRC Vol 9: John Carter, seaman, sailed for York Fort aboard the Huband (Captain Richard Smithsend) in 1687. 30 HBC Records. Microfilm. A.1/9 fo. 17 31 HBC Records. Microfilm. A.1/9 fo. 19 32 HBC Records. Microfilm. A.1/9 fo. 19d 33 Copy-book of letters outward &c : begins 29th May, 1680 ends 5 July, 1687 Author: Hudson's Bay Company ; edited by E.E. Rich, assisted by A.M. Johnson. Published 1948 34 Copy-book of letters outward &c : begins 29th May, 1680 ends 5 July, 1687 Author: Hudson's Bay Company ; edited by E.E. Rich, assisted by A.M. Johnson. Published 1948 35 HBC Records. Microfilm. A.15/3 36 HBRC. Vol 9. 37 Note: Downs - famous area of Sea between Thames Estuary and the Dover Straits 38 HBRC. Vol 9 39 Note: . Kings waiters - Custom Officials. Waiters - Company assessors 40 HBC Records. Microfilm. A 6/2 (HBRS Vol 20. p81-4) 41 HBRC. Vol 9. 42 Le Moyne D'Iberville - Soldier of New France, by Nellis M Crouse,1954 43 HBC Records. Microfilm. A 9/4 fos. 16-16d 44 HBC Records. Microfilm. A 1/13 fo. 25d 45 HBC Records. Microfilm. A 1/14 fo. 4d 46 HBC Records. Microfilm. A 1/15 fo. 7) 47 Acts of the Privy Council (Colonial). PRO: PC 2. 12 Oct 1691 p.274 48 Note: At that time the Privy Council had responsibility for colonial policy, commercial and maritime law, law and order in general, trade and industry and naval and military policy. 49 Acts of the Privy Council (Colonial). PRO: PC 2. 3 Dec 1691 p.572-573 50 HBC Records. Microfilm. A. 1/14 fo. 10d 51 HBC Records Microfilm A 15/3 52 The New England Knight: Sir William Phips 1651-1695 by Emerson W Baker and John G Reid (1998) 53 Suffolk Deeds: Liber -I-II [1629-56] 54 PRO: HCA 26/1. Thomas Gilbert 55 The Gilbert Family, J. Wingate Thornton, NEHGR, Vol 4, Oct 1850, p 341 56 Acts of the Privy Council (Colonial). PRO: PC 2. 1700. pp.277-278 57 The New England Knight: Sir William Phips 1651-1695 by Emerson W Baker and John G Reid (1998).Ch 11 58 The Connecticut Magazine: An Illustrated Monthly - Page 190 edited by William Farrand Felch, George C. Atwell, H. Phelps Arms, Francis Trevelyan Miller - 1908 59 Abstract and Index of the records of the Inferiour court of pleas (Suffolk County Court), held at Boston 1680-1698 60 The New England Historical and Genealogical Register Page 66 - Capt. Richard Smithsend died July 4, 1716, AE about 63 [D]. Glastonbury, Connecticut. 61 Connecticut, Hale Cemetery Inscriptions and Newspaper Notices, 1629-1934 62 Glastonbury, Mass. Dorothy Stephens, ls. Court Record, Page 42--7 July, 1747. Glastonbury 63 Connecticut Magazine 1901. Elesabeth, child of R'd Smithsend (not an inhabitant), Novr 1702. 64 Connecticut, Hale Cemetery Inscriptions and Newspaper Notices, 1629-1934 65 IGI: Christening. 30 Aug 1654, Tewkesbury 66 TWPR: 20 Aug 1654, Conway, s. of Richard and Anne Smithsende. P329 IN 1/5 67 Church of England Baptisms, Marriages, and Burials,Northamptonshire, 1532-1812 68 Worcester Record Office. 705:134 BA1531/54/1/11 69 Worcestershire Probate Index 1600-1858. 1721. 70 IGI: Worcestershire. Baptism, Joseph Chetle, 13 Sep 1689. 71 GRO: Will of Nicholas Smithsend 1741 72 TWPR: July 1663, Nicholas, s. of Richard Smithsend. P329 IN 1/4 73 Caribbeana: Being Miscellaneous Papers Relating to the History, Genealogy, Topography, and Antiquities of the British West Indies. By Vere Langford Oliver. Published by Mitchell, Hughes and Clarke, 1919 74 PRO: HCA 26/2 Letters of Marque 75 Canadian Dictionary of Biography 76 PRO, H.C.A. 1/14, pt.3, no.213; H.C.A. 1/53. CSP, Col., 1699. CTP, 1697–1701/02. HBRS, IX (Rich); XI, XX (Rich and Johnson); XXI (Rich). 77 The conquest of the great Northwest; being the story of the Adventurers of England known as The Hudson's Bay Company. New pages in the history of the Canadian Northwest and Western States. Volume 1. Laut, Agnes C. (Agnes Christina) 1908. p231. 78 PRO: HCA 26/2/120 Letters of Marque 79 Canadian Dictionary of Biography 80 HBC Records. A 1/15 fo. 9d 81 Canadian Dictionary of Biography 82 HBC Arch. A.15/4, f.115; A.15/5, f.35. HBRS, XX (Rich and Johnson). [Henry Kelsey], The Kelsey papers, ed. A. G. Doughty and Chester Martin (Ottawa, 1929), 99–100. La Pot(h)erie, Histoire. 83 HBC Records. A 1/15 fo.11d 84 HBC Records. A. 1/17 fo.13, 13d 85 PRO: PC 2. Acts of the Privy Council p.226 1694 86 Note: Fort Albany was in English hands in 1693 and was never retaken by the French. Fort York was recaptured by the French on 14th October 1694 - this was probably after the Royal Hudson's bay had left for England. 87 PRO: HCA 26/2 Letters of Marque 88 HBC Records. A 1/16 fo.30d 89 HBC Records. A. 1/17 fo.13, 13d 90 HBC Records. A 1/17 fo.14 91 HBC Records A 1/17 fo.15

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92 HBC Records A 1/17 fo. 16d 93 HBC Records YF list of ships, HBRS XX p 269n 94 Note: Captain Cotesworth had commanded the Prosperous from the Bottom of the Bay to England in 1694. 95 Documents relating to the early history of Hudson Bay Author: Tyrrell, Joseph Burr, 1858-1957 pp407-408. 96 The Founding of Churchill : being the journal of Captain James Knight, Governor-in-Chief in Hudson Bay, from the 14th of July to the 13th of September, 1717, pp38-40. Published 1931 97 HBC Records. A 6/2 transcript in HBRS XX p.258-69 98 Marque - the borders of a nation 99 PRO: Records of the High Court of Admiralty and colonial Vice-Admiralty courts. HCA 26/3 100 Tyrell. 5 June 1696 101 HBC Records. A 6/2, transcript of entire letter in HBRS XX pp. 269-275 102 HBC Records. A 6/2, transcript in HBRS XX p.294 103 HBC Records. A 6/2, transcript HBRS XX p.295 104 HBC Records. A 6/2 full instructions in HBRS XX pp 287-289 105 HBR Records. A 1/18 fo.23 106 Documents relating to the early history of Hudson Bay Author: Tyrrell, Joseph Burr, 1858-1957 pp407-408 107 HBC Records. A 6/3 fo. 7d 108 Tyrell, 1696 109 PRO: ADM 106/489 110 Hawser - a large rope 111 HMS Pendennis was a Frigate with 48 guns built in 1695 at Deptford. 112 HMS Sorlings was a Frigate with 32 guns built in 1694 at Shoreham 113 London Gazette. 23 Oct 1696 114 Calendar of State Papers, William III, 1696. Nov 2, Nov 24 115 Treasury Papers 1696. P.307-308 116 PRO: Records of the Admiralty, Naval Forces, Royal Marines, Coastguard, and related bodies IN-LETTERS ADM 106/481 A. B. Covering dates 15 Dec 1696 117 London Minute Book 1696-1697 (A1/19), 3rd December 1696 to 12th November 1697 & London Minute Book 1697-1698 (A1/20), 17th November 1697 to 7th November 1698 Provincial Archives of Manitoba, (Microfilm Copy) 118 HBC Records. A 15/4 fo.123 119 HBC Records. A 1/19 fo. 25d, 26 120 HBC Records. A 15/4 fo. 127 121 Note: A fire ship was an old ship which was to be set alight used in an attack. 122 PRO: HCA 26/3 /153. Letters of Marque. 1697 123 London Minute Book 1696-1697 (A1/19), 3rd December 1696 to 12th November 1697 & London Minute Book 1697-1698 (A1/20), 17th November 1697 to 7th November 1698 Provincial Archives of Manitoba, (Microfilm Copy) 124 HBC Records. A 6/3 fo.32d-33 125 HBC Records. A 6/3 fo.33d 126 (Microfilm Copy),Provincial Archives of Manitoba A.6/3 fo (62)34 127 Le Moyne D'Iberville - Soldier of New France, by Nellis M Crouse,1954 128 Letters of La Potherie. J.B. Tyrrell, ed., Documents Related to the Early History of Hudson Bay, Champlain Society, 1931 129 Documents relating to the Early History of Hudson Bay - 1931 130 Tyrell. 1697 131 London Gazette. Thursday November 11. to Monday November 15. 1697 132 Beckles William. The great company : being a history of the Honourable Company of Merchants-Adventurers Trading Into Hudson's Bay. pp130-131. Published. 1899 133 Letters of La Potherie. J.B. Tyrrell, ed., Documents Related to the Early History of Hudson Bay, Champlain Society, 1931 134 The London Gazette. Thursday November 11 to Monday November 15. 1697 135 HBC Records. A 1/16 fo. 11d 136 HBC Records. PRO. ADM I Volume 5146 p.631 137 Hudson's Bay Company Archives, London Minute Book 1696-1697, Provincial Archives of Manitoba. A.6/3 fo (69)37 138 PRO: Adm I Volume 5146 p. 631 139 PRO: ADM1 5146 15560 (629) 140 Tyrell. 1698 141 HBC Records. A 1/21 fo.5 142 HBC Records. A 15/5 fo.35 143 PRO: Will of Nicholas Smithsend 1730 144 IGI: Christening, John Smithsend,1 Nov 1665, Tewkesbury 145 TWPR: 1 Nov 1665, John, s. of Richard and Ann Smithsend. P329 IN 1/4 146 City of London Freedom records. COL/CHD/FR/02/65 147 Parish registers. Marriages. St James Duke's Place, London. Ms7894/2 148 IGI: Marriage. 20 Oct 1692, St James Duke's Place, London 149 Haberdashers Company, Apprentice bindings register. Ms.15860/7 150 Haberdashers Company, Freedom admissions register. Ms.15857/2 151 Gilda Aurifabrorum: A History of English Goldsmiths and Plateworkers, by William Chaffers - Goldwork - 1899. 152 IGI: Marriage. John Smithsend=Katherine Wakefield, 5 Feb 1705, St Martin's in the Fields 153 St Martin in the Fields. Parish registers. Marriages. 1705/06. Ref. Vol 34 154 London Metropolitan Archives, All Hallows Staining, Composite register: baptisms 1710 - 1743, marriages 1710 - 1740, burials 1710 - 1728, P69/ALH6/A/002/MS17825. 155 London Land Tax Records. London, England: London Metropolitan Archives 156 Westminster Rate Books 1634-1900. Folio 6. Overseers Accounts (Cont.), 1741-1745 Poor Rates 1729-1731 157 Westminster Burials, transcripts, Westminster archives. 158 London Metropolitan Archives and Guildhall Library Manuscripts Section, Clerkenwell, London, England; Reference Number: MS 9172/124/2; Will Number: 134.

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159 London Goldsmiths 1697-1837. Their marks and lives from the original registers at Goldsmiths Hall and other sources. by Arthur G Grimwade 1990. 160 Art Treasures Exhibition, presented by the New York Antique and Art Dealers Association. New York Parke-Bernet Galleries: June 16-30th,1955. 161 Wax Antiques sale – website. 2020 162 Auction sale prices: Supplement to The Connoisseur; illustrated monthly. Auctions - 1906 163 Christie’s Sale. 14 April 1994 164 Auction sale prices: Supplement to The Connoisseur; illustrated monthly ... Auctions - 1906 165 The Silver and Sheffield Plate Collector - Page 201. by W. A. Young 166 Smithsend John, fl 1697-1712. Tankard Museum (Newark) 167 Sales of Silver and Porcelain in London. The Sun, Friday February 16th, 1912 168 Phillips Auctioneers. Sale of Silver. Friday January 12 169 Ulysses Grant Dietz, Senior Curator. Curator of Decorative Arts. Newark Museum 170 TWPR: ch. 28 July 1667, Sarah, d. of Richard and Ann Smithsend. P329 IN 1/4 171 TWPR: ch. 15 July 1669, Mary, d. of Richard and Anne Smithsend. P329 IN 1/6 172 Gloucester Marriage Allegations. John Pitman & Mary Smithsend, 1 Jan 1693, Tewkesbury 173 GlRO: Wills. 1731 Pitman John, Tewkesbury 1731/209. Innholder 174 IGI: Marriage. Robt Phelps=Mary Pitman, 19 Sep 1730, Tewkesbury 175 TWPR: ch. - July 1671, Susanna, d. of Richard and Anne Smi… P329 IN 1/4 176 TWPR: burial. 23 Feb 1671/2, Suzana, d. of Richard and Anne Smithsend. P329 IN 1/4 177 TWPR: ch. 13 Oct 1673, Thomas, s. of Richard and Anne Smithsend. P329 IN /14 178 City of London Freedom Records.COL/CHD/FR/02/102 179 City Freedom Admissions Alphabet. COL/CHD/FR/03/01 180 Westminster Rate Books 1634-1900 181 Boyd's marriage Index. 1707 Tho Smithsend = Mary Parker, All Hallows, Staining, London 182 Index of 'Coachmakers & Coach Harness Makers Company' records. 183 PRO: Inland Revenue records. IR 1/2. IR 1/5. IR 1/9 p.44 184 Coachmakers Livery Company records 185 PRO: Smithsend vs Dowdeswell C12/266/39. 1712 186 Parliamentary papers, 1720. 187 Ancestry.com. UK, Poll Books and Electoral Registers, 1538-1893 [database on-line]. 188 Westminster Rate Books 1634-1900 189 IGI: Christening. Mary Smithsend, 08 Oct 1708 Saint Martin In The Fields, Westminster. Parents: Thomas Smithsend and Mary 190 Vicar General Marriage licences: 15 Dec 1732 CHITTER Thomas SMITHSEND Mary 191 London Apprenticeship Abstracts, 1442-1850 192London Poll Books. London, England: London Metropolitan Archives and Guildhall Library. 193 Worshipful Company of Coachmaker’s. Web site 194 National Archives. Morgan v Fluyder. C 11/1073/38 195 The National Archives; Will Registers; Class: PROB 11; Piece: 708 196 National Archives. Chitter v Chitter. Bill and answer. Plaintiffs: Robert Chitter .. C 11/815/42 197 Robsons Directory London 1829 198 National Burial Index. Mary Chitter. Date 18 May 1766, St. Paul, Hammersmith 199 IGI: Christening. Thomas Chitter 3 Dec 1735, Saint Martin In The Fields, Westminster. Parents: Thomas Chitter and Mary 200 IGI: Thomas Chitter. Mar 1733 Saint Martin In The Fields, Westminster 201 City of Westminster Archives. Westminster Baptisms. 17 Dec 1736 202 City of Westminster Archives. Westminster Baptisms. 30 Sep 1739 203 Burial. Robert Chitter 17 Apr 1808. St Leonard, Heston, Hounslow, Middlesex 204 Parish register: St Vedast, Foster Lane, London. Harleian Society Vol.29 205 Parish register: St Vedast, Foster Lane, London. Harleian Society Vol.29 206 Parish register: St Vedast, Foster Lane, London. Harleian Society Vol.29 207 London Apprentices Index. 208 City of London Freedom records. COL/CHD/FR/02/178 209 Painter Stainers Company Apprentice Bindings register.Ms 5669/1 210 Painter Stainers Company Company Freedom Admissions register. Ms 5668 211 City Freedom Admissions Alphabet. COL/CHD/FR/03/03 212 A History of the Painter Stainers Company of London. WAD Englefield. 1950 213 IGI: Marriage. Edward Smithsend=Elisabeth Clarke, 4 Aug 1730 St Benet, Paul's Wharf, London 214 Parish register. St Benet Paul's Wharf. Ms 5718/2 215 Survey of London: volume 37: Northern Kensington (1973), pp. 25-41 216 Faculty Office Marriage Licences. Edward Smithsend & Margery Parry, 19 May 1740 217 Middlesex Sessions: Sessions Papers - Justices' Working Documents. SM PS October 1747. London Lives database. LL ref: LMSMPS503810130 218 Ancestry.com. UK, Poll Books and Electoral Registers, 1538-1893 219 PRO: PRO: C11 1165 25 01 - Edward Smithsend - 18th June 1756 220 Anno Regni Georgii III. Regis Magnae Britanniae, Franciae, & Hiberniae. 1756 221 PRO: Will of Edward Smithsend 1758: PCC Wills Ref: 275 222 PRO: Will of Margery Smithsend 1759: PCC Wills Ref: 215 223 IGI: Christening. Conaway Smithsend, 13 Jan 1697, St Botolph's Aldgate, London 224 Parish register: Baptisms. St Botolph, Aldgate. Ms.9226 225 IGI: England Deaths and Burials, 1538-1991. Salt Lake City 226 London Apprentices Index 227 PRO: Inland Revenue records. IR 1/10 p.26. IR 1/10 p.201

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228 Westminster archives, Burials. John Smithsend 17 Jan 1729 229 Country Apprentices 1710-1808. The National Archives (IR 1 series) 10 f 201 230 PRO: Will of Nicholas Smithsend, Tewkesbury. 1730 231 IGI: Marriage. Nicholas Smithsend=Patience Lackcroft, 12 July 1732, St Peter & St Paul Milton by Gravesend 232 Milton by Gravesend Parish registers. Marriages.1732. Ref Mf 636 233 IGI: Edward Smithsend Broome. Ch. 18 Jan 1750, St Botolph without Aldgate, London. Father Ebenezer Broome. Mother. Patience. 234 IGI: Marriage. Patience Smithsend=Ebeneezer Broom, 3 Feb 1749, St Mary Le Bow 235 IGI: Christening. Mary Smithsend, 15 Aug 1733, St Botolph's Aldgate, London 236 St Botolph Aldgate. Parish registers. Baptisms. Ref. Mf636. August 1733 237 IGI: Mary Smithsand. Bur. 13 Jul 1735, St. Botolph Aldgate, London. Father: Nicholas 238 IGI: Christening. Hester Smithsend, 7 Sep 1735, St Botolph's Aldgate, London 239 St Botolph Aldgate. Parish registers. Baptisms Ref. Mf636. September 1735 240 West Middlesex marriage index. Groom James Cushnie Bride Esther Smithsend Date 23.Apr.1767 Place Kensington (St Mary Abbots) 241 St Mary Abbot's Kensington. Parish registers. 1767 242 City of London Burials 1754-1855. GL Mss 6673/15-21 243 Westminster, Poor Law And Parish Administration. Paupers. 1789 244 City of Westminster Archives Centre. Westminster Burials 245 IGI. Ch. James Cushnie. 11 Sep 1768.Grantham, Lincolnshire. James Cushnie/Esther 246 Tewkesbury Churchwarden's Accounts 247 Tewkesbury Parish Registers. Ann Smithsend. 1754 248 Fleet Prison and Rules of The Fleet, London, England, 22 Aug 1734 249 PRO. Inland Revenue records. IR 1/10.p201 250 IGI: Marriage. Richard Smithsend=Elizabeth Broadfield, 29 May 1738, St Martin in the Fields, London 251 St Martin in the Fields. Parish registers. Marriages. 1738. Ref Vol.35 252 Westminster Banns. 1738 253 Complaint lodged by Edward Smithsend in 1798, GlRO. D3112/4 254 St Andrew Holborn. Parish registers. Christenings. 1738/39. Ms9225/3 255 IGI: Christening. John Smithsend, 11 Feb 1739, Holborn, St Andrew 256 IGI: Christening. Sarah Smithsend, 6 Nov 1743, St Mary, Whitechapel 257 St Mary Whitechapel. Parish registers. Baptisms. 1743. P93/MRY1/008 258 Mary Smithsend, Burial, 9 Oct 1746 Parish: St Mary, Whitechapel Borough. Burial register. 259 IGI: Christening. Mary Smithsend, 12 June 1748, St Mary, Whitechapel 260 St Mary Whitechapel. Parish registers. Baptisms. 1748. Ref. P93/MRY1/008 261 London Metropolitan Archives, Saint Mary, Whitechapel. Baptisms Sep 1739-Feb 1758, Marriages Aug 1741-Mar 1754, P93/MRY1, Item 009. 262 London Metropolitan Archives; London, England; Reference Number: P71/MMG/009 263 London Metropolitan Archives; London, England; Reference Number: P71/MMG/009 264 IGI: Christening. Edward Smithsend, 10 August 1755, St Mary, Whitechapel 265 St Mary Whitechapel. Parish registgers. 1755. Ref. P93/MRY1/008 266 IGI: Marriage. Edward Smithsend=Sarah Allbright, 28 Sep 1771, Shoreditch, St Leonards. 267 PRO: C12 952 43 268 Manchester Courier and Lancashire General Advertiser, Saturday 6 June 1829 269 IGI: Christening. James Smithsend, 9 Aug 1772, St Leonard's, Shoreditch 270 IGI: Christening. Sarah Smithsend, 6 Jan 1781, St Leonard's, Shoreditch 271 IGI: Christening. Nicholas Smithsend, 22 Feb 1761, St Dunstan, Stepney. 272 St Dunstan Stepney. Parish registers. Baptisms. Ref. P93/DUN/004 273 Proceeedings of the Old Bailey Ref:17880227-43, 27 Feb 1788 274 GRO: D1406 Romney - Smithsend papers 275 Worcestershire Probate Index 1600-1858 276 Index To Death Duty Registers 1796-1903 277 National Burial Index. Nicholas Smithsend, age 75, 16 May 1837 PRO: Public record office GRO: General registry office NBI: National burial index IGI: International Genealogical index WRO: Worcester Record Office TWPR: Tewkesbury Parish registers HBC: Hudson Bay Company Records Some of these records can also be found at ancestry.co.uk and findmypast.co.uk

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