John (Smith) Smyth (1567 - 1640)

Born 10 Nov 1567 in Hoby, Leicestershire, England [uncertain]

Ancestors

Husband of Mary (Browning) Smith — married 9 Jan 1610 in Gloucestershire, England

Descendants

Died 25 Feb 1640 at age 72 in North Nibley, Gloucestershire, England

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Biography

Birth, Early Life and Education

John (Smith) Smyth is Notable.

John Smyth was the son of Thomas Smith of Hoby, Leicestershire and Joan Alleyne.^[1][2] He was born on 10 November 1567.^[3]

He attended the free school in Derby, Derbyshire,^[2] leaving in 1584 to become a companion of Thomas Berkeley, son of Henry, 7th Lord Berkeley, at Callowden, Warwickshire.^[2] In 1589/90 he and Thomas Berkeley entered Magdalen College, Oxford.^[2][4] With financial support from Thomas Berkeley's mother, John went on to study at Clement's Inn, London.^[2] He became a student at Middle Temple, London on 17 August 1594.^[2][3][4][5] John was called to the Bar on 22 November 1605.^[2][5]

Work for the Berkeleys and other Positions

While he was studying law with Berkeley family support, John undertook work for them. In 1595 he helped in the marriage negotiations for Thomas Berkeley.^[2] The next year he became household steward for the Berkeleys.^[2] In 1597 he became steward of Berkeley estates^[2] - involving a legal rather than an estate management responsibility.^[3] After qualifying as a barrister in 1605, he combined a legal practice in London with work for the Berkeley family.^[2] In 1609 he was instrumental in the settlement of a nearly 200-year-old legal dispute over the lands associated with the Barony of Berkeley.^[3]

The Berkeleys' granted John two manor houses with gardens and parkland in Nibley, Gloucestershire, and Nibley became his main residence.^[2]

John acquired considerable wealth as a result of his association with the Berkeleys, whose domestic Fool (a household jester) at one point tied a string around the parish church of Berkeley, Gloucestershire "to prevent [it] from going to Nibley."^[2]

Besides his work for the Berkeleys, John held a number of positions, including:

• Escheator of Gloucestershire, 1601 to 1603^[3]
• Steward of the Vice-Admiralty Court, Gloucestershire, 1603-1613^[3]
• Auditor of the Earl of Northumberland, 1605-1609^[2]
• Commissioner of Sewers, Gloucestershire, 1615 and 1625^[3]

Americas

In 1612 John became a member of the Virginia Company.^[3] In 1618 he and others from Gloucestershire formed a partnership to which Berkeley Hundred, an area in Virginia, was granted.^[3] Settlers arrived there in 1619^[3] but were killed in 1622: the plantation was then abandoned for a time.^[6][7]

In 1620 John became a member of the Somers Isles Company, which was responsible for the English colony in the Bermudas.^[3] The following year he joined the Committee of the Virginia Company.^[3]

Member of Parliament

In 1621 John was elected Member of Parliament for Midhurst, Sussex. He kept a parliamentary diary.^[3]

Antiquarian and Genealogical Works and other Writings

John wrote two volumes of Lives of the Berkeleys, tracing the descent of the Barony of Berkeley from the Norman Conquest.

In 1639 John completed his History of the Hundred of Berkeley about the Berkeley estate in England. This contains not only historical material but also information about the culture and dialect of the area.^[8]

John Smyth compiled Men and Armour in Gloucestershire in 1608 from the Muster Rolls of 1608, a manuscript in Gloucestershire Archives.^[9][10]

Marriages and Children

John married twice. His first wife (marriage licence date 5 October 1597) was Grace Thomas, the daughter and heir of William Thomas and Alice Hill (daughter of Richard Hill). Grace had first been married to John Drew of Nibley who died in March 1597. There is no record of any children. Grace died on 9 November 1609 and was buried on 11 November 1609.^[11] John Smyth placed a memorial to Grace in the church at North Nibley. See Grace's profile for the memorial inscription.^[12]

On 9 January 1609/10 (1610 in modern reckoning) John married Mary Browning, (daughter of John Browning) at Nibley, Gloucestershire.^[13] John and Mary had ten children:

1. John Smith of North Nibley (born 8 Sep 1611 at 3.30 in the afternoon; baptised 12 Sep 1611 at North Nibley; died 17 Sep 1692; buried 19 Sep 1692 at North Nibley church)^[11]
2. Thomas Smith, baptised 10 Dec 1613 North Nibley and presumably died before the birth of Thomas Smyth in 1623^[11] - see Research Notes below
3. Mary Smith, baptised 24 Mar 1615/16 parish register states that Mary Smyth baptised, the eldest daughter of Mr John Smyth^[14][11]
4. Elizabeth Smith, who married (1636/7) Edward Hill of Cam, Gloucestershire^[11]
5. Ursula Smith, baptised 1 May 1618 North Nibley, married (1636/7) William Thorp of Wandswell, Berkeley^[11]
6. Thomas Smyth, born 22 Apr 1623^[15], married Mary Fowler,^[11] died in 1684^[4] - see Research Notes below
7. William Smith, baptised 22 May 1625 at North Nibley, of Kingswood, Wiltshire, married Catherine Martin of Nibley^[11]
8. Sarah Smith,^[1] born 9 Sep 1627,^[15] baptised 29 Sep 1627 and buried 2 Feb 1642 at North Nibley^[11]
9. George Smith, born 28 May 1629,^[15] baptised 30 May 1629 at North Nibley, of Twickenham, Middlesex, married Mary Offley of the City of London^[11]
10. Richard Smith, born 31 Mar 1631,^[15] baptised 3 April 1631^[11] and died 27 Feb 1642 at North Nibley^{[citation needed]}

Death and Burial

The burial entry in the parish register of North Nibley states that "John Smyth the elder esq. deceased on Thursday being the 25 of Febr. about one of the clock in the morning, and was buryed on Saturday beinge Febr. 27th" 1640/41.^[16] A monumental inscription in the church at North Nibley records:

Hic jacet corpus Johannis Smyth, armigeri qui migravit ab hoc seculo 24 die Februarii, Anno Dni 1640 aetatis 73. annorum decimo die Novembris tune ultimo preterit resurgam. Solus Christus Mihi Sola Salus. ^[17] In translation: Here lies the body of John Smith, gent, who passed on from this world on February 24, 1640. 73 years old on the last day of November, then passes again. Only Christ is my sole salvation

Will

The will of John Smyth dated 1 December 1640^[3] was proved in the Prerogative Court of Canterbury on 16 November 1641.^[15]

John's legacies totalled over £1000, in addition to his lands in the Nibley area^[2] - a very considerable sum for those days.

In his will he states that his body was to be buried in the church of Nibley near the pews or seats that he had previously built, where his wife and family do sit. The will mentions the following people:^[15]

• his wife Mary
• his oldest son John, and his wife Anne who was left a ring
• his second son Thomas, born "the two and twentieth of April 1623"
• his third son William
• his fourth son George, born "the eighth and twentieth day of May 1629"
• his youngest son Richard, born "the last day of March one thousand six hundred and thirtie one"
• his daughter Sara, born "the ninth day of September one thousand six hundred and twenty seaven"
• his married daughters Mary, Ursula and Elizabeth, who were left rings
• William Archer or Archard, late servant and confidential clerk
• his brothers-in-law, Stephen Fowler
• his brother-in-law Sir Edward Bromfield and his discreet wife, whose modest sister Mrs Austen was left a ring
• his sons-in-law William Thorpe, Edward Hill and Christopher Purnell
• his most honoured Lady the wife of Sir H Berkeley Barronett, who was left a small ring worth 20 shillings to be presented to her by his eldest son as a remembrance of his service to her

The will also refers to the existence of fifteen grandchildren.

Research Notes

Disambiguation

Please do not confuse this John Smyth with Sir Thomas Smyth (Wikipedia Thomas Smythe) or Captain John Smith (Wikipedia: John Smith (explorer)), both of whom were heavily involved with Virginia.

Sons Thomas

The pedigree in the Berkeley Manuscripts shows a son Thomas baptised on 10 December 1613.^[11] Alumni Oxonienses records a Thomas Smith, son of John of Nibley, subscribed to Lincoln College, Oxford, on 13 April 1638, and dying in 1684.^[4] John Smyth's will makes clear that there was a son Thomas born on 22 April 1623.^[15] This suggests that there were two sons called Thomas, one of whom died in childhood.

Sources

1. ↑ ^{1.0 1.1} The Visitation of Gloucestershire, 1623, Harleian Society, 1885, p. 149, Internet Archive
2. ↑ ^{2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14} Oxford Dictionary of National Biography, entry for 'Smyth, John (1567-1641)', print and online 2004, revised online 2008, available online via some libraries
3. ↑ ^{3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13} History of Parliament Online, entry for SMITH (SMYTH), John (1567-1641), of Warrens Court, North Nibley, Glos.
4. ↑ ^{4.0 4.1 4.2 4.3} Joseph Foster. Alumni Oxonienses, Parke and Co, Oxford, 1888-1892, Vol. IV, p. 1374, Ancestry.co.uk Ancestry.co.uk
5. ↑ ^{5.0 5.1} Register of Admissions to Middle Temple, 17 August 1594: "JOHN SMYTH late of Clementes lnne. gent., son and heir of Thomas S., late of Howby, Leics, gent., deed. Called 22 Nov., 1605." Middle Temple website
6. ↑ Wikipedia: Berkeley Hundred
7. ↑ Wikipedia: Powhatan attack of 1622
8. ↑ Adam Fox. Oral and Literate Culture in England, 1500-1700, Clarendon Press, Oxford, 2000, pp. 76-79, Google Books
9. ↑ Chipping Campden History Society website, accessed 16 March 2020
10. ↑ Republished by A J Sutton, 1980 - British Library catalogue entry, accessed 16 March 2020
11. ↑ ^{11.00 11.01 11.02 11.03 11.04 11.05 11.06 11.07 11.08 11.09 11.10 11.11} John Smyth (ed. Maclean). The Berkeley Manuscripts, Vol. I, printed by John Bellows, Gloucester, England, 1883, Smyth Pedigree (unnumbered pages near start of book), Internet Archive
12. ↑ Memorial inscription in parish church of North Nibley, Gloucestershire
13. ↑ "England Marriages, 1538–1973 ", database, FamilySearch (https://familysearch.org/ark:/61903/1:1:NLS9-ZHQ : 11 March 2020), John Smith and Mary Browneing, North Nibley, Gloucestershire. Note that this gives 1609 as the marriage year: it was 1609/10.
14. ↑ Parish register of North Nibley, Gloucestershire>, married North Nibley Christopher Purnell of Nibley
15. ↑ ^{15.0 15.1 15.2 15.3 15.4 15.5 15.6} The National Archives; Kew, England; Prerogative Court of Canterbury and Related Probate Jurisdictions: Will Registers; Class: PROB 11; Piece: 187, Ancestry.co.uk and accompanying image of the will
16. ↑ Gloucestershire Archives: Gloucestershire Church of England Parish Registers; Reference Number: P230 IN 1/2, Ancestry.co.uk and accompanying image
17. ↑ Frith, Brian Edit. Historical, Monumental and Genealogical Collections Relative to the County of Gloucester, Bigland, Ralph ( 1791-1899) Part 3 Naunton - Twining pg 936

• Oxford Dictionary of National Biography, entry for 'Smyth, John (1567-1641)', print and online 2004, revised online 2008, available online via some libraries
• History of Parliament Online, entry for SMITH (SMYTH), John (1567-1641), of Warrens Court, North Nibley, Glos.
• Dictionary of National Biography, 1885-1900, Vol. 53, p. 73, entry for 'Smith, John (1567-1640)', Wikisource
• The Smyth of Nibley Papers 1613-1674, New York Public Library Archives, accessed 12 March 2020
• Howes, R. John Smyth the Younger of North Nibley and His Papers in 'Transactions of the Bristol and Gloucestershire Archaeological Society', 2003, Vol. 121, pp. 213-231, PDF, accessed 12 March 2020
• The National Archives; Kew, England; Prerogative Court of Canterbury and Related Probate Jurisdictions: Will Registers; Class: PROB 11; Piece: 187. John Smith of Nybley. Probate Date: 16 Nov 1641.
• The Visitation of Gloucestershire, 1623, Harleian Society, 1885, p. 149, Internet Archive
• Smyth, John (ed. Maclean). The Berkeley Manuscripts, Vol. I, printed by John Bellows, Gloucester, England, 1883, Smyth Pedigree (unnumbered pages near start of book), Internet Archive
• Wikipedia: John Smith (antiquarian, born 1567)