The Captain's wife: Elizabeth (Day) Goldsmith in Chancery 1870s
Saltmarshes along the Thames in Kent, UK
The Goldsmith Golden Triangle
Ours was the marsh country, down by the river, within, as the river wound, twenty miles of the sea. My first most vivid and broad impression of the identity of things seems to me to have been gained on a memorable raw afternoon towards evening. At such a time I found out for certain that this bleak place overgrown with nettles was the churchyard; and that Philip Pirrip, late of this parish, and also Georgiana wife of the above, were dead and buried; and that Alexander, Bartholomew, Abraham, Tobias, and Roger, infant children of the aforesaid, were also dead and buried; and that the dark flat wilderness beyond the churchyard, intersected with dikes and mounds and gates, with scattered cattle feeding on it, was the marshes; and that the low leaden line beyond was the river; and that the distant savage lair from which the wind was rushing was the sea; and that the small bundle of shivers growing afraid of it all and beginning to cry, was Pip.Chapter One: Great Expectations (1860-61) [1867 Edition] by Charles Dickens
Source: https://www.gutenberg.org/files/1400/1400-h/1400-h.htm#chap01
This Google Earth map (2023) shows present day locations of Captain Edward Goldsmith's former properties on sale from his estate (1869) at Gadshill, Higham, Chalk and Higham Saltings:
On right:
Gadshill House on Telegraph Hill, home of Captain Edward and Elizabeth Goldsmith;
Top right:
Eleven cottages at Vicarage Row, now School Lane, next to Knowle Country House, sold to the Rev. Hindle;
Centre:
St Mary the Virgin church, at Chalk, where they worshipped and were buried;
On left:
Craddock's Cottage where Charles Dickens and Catherine Hogarth honeymooned, April 1836
Top left:
Lady's Tippett, small parcel of marshland in Higham Mead sold to Robert Lake.
This map from William Mudge dated 1801 shows the same relative positions of each property.
Callouts: Craddock's Cottage, Chalk; St Mary the Virgin Chalk Church; Gad's Hill House, Higham, Captain Goldsmith's house on Telegraph Hill; Lady's Tippett, Higham Creek Higham Saltings
Source: https://mapco.net/kent1801/kent16_01.htm
"Lady's Tippett" today
Less than an acre of saltmarsh, known as Lady's Tippett in the early 1870s when Elizabeth Goldsmith sold it from her husband's estate, is still visible in its original shape. The triangle in which it sits resembles a chicken wishbone to 21st century eyes, but to those in the Middle Ages, it looked like a lady's tippett. This screenshot taken from Google Earth (2020) shows bare meadowland with an occasional herd of cattle grazing closer to the Thames path.
Saltmarsh land at Higham Mead known as "Lady's Tippett"
The title deed to the parcel of marshland in the Higham Salts, County of Kent (UK), known as "Lady's Tippett" which Captain Edward Goldsmith asumed to be legally his according to his last will and testament prepared in 1865 and proved July 1869 on his death, was not found among his conveyancing documents when his entire estate was prepared for auction in June 1870. Yet he had received "rents and profits" from its tenants since 1857, income which his executors continued to accrue up to the planned date of sale.
"Lady's Tippett" could only be sold legitimately if Captain Goldsmith's widow, Mrs Elizabeth Goldsmith, set forth in Chancery a declaration (oath) that this piece of land's provenance in her husband's estate was the result of an informal arrangement with wine merchant James Saxton in 1857. Up until a week before the date of auction set for the 14th June 1870 at the Bull Hotel Rochester where purchaser Robert Lake would bring to light the property's "fee simple" status, Elizabeth Goldsmith, as one of three executors to her husband's estate along with silk merchants Alfred Bentley and William Bell Bentley, was still receiving rent from the tenant Mrs Mary Youens. To absolve the executors of any suspicion they had knowledge of the anomaly, Elizabeth Goldsmith's sworn declaration was made in Chancery just days prior to the auction, on Thursday 9th June 1870 under an Act of Parliament which was incepted at the time of William IV's reign and later amended to abolish unnecessary oaths and suppress voluntary, extrajudicial affadavits.
For such a small parcel of land measuring less than one acre (3 roods, 1 perch) it took quite some extra money, time and legal expertise in order to execute a new indenture and administer its sale. The cost was out of all proportion to its size by comparison with the extensive acreage of plantations, pasturage and tenanted dwellings that comprised the whole of Captain Edward Goldsmith's real estate on offer at auction by Mr. Cobb in his beautifully prepared catalogue - real estate which stretched miles across the two parishes of Higham and Chalk, in the county of Kent (UK).
Messrs. Cobb, Surveyors and Land Agents, Catalogue of Captain Edward Goldsmith's properties for sale at auction, June 1870
Source: Kent History and Library Centre
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5
Map and plan of properties at auction from the estate of Captain Edward Goldsmith, June 1870
Source: Kent History and Library Centre
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5
Plan map of Lady's Tippet, detail from Cobb's Catalogue 1870: LOT 10 - box insert above.
The reason, perhaps, for all the flurry and fuss over the sale of Lady's Tippett was a belief that Robert Lake the younger had an historical claim on it. His father's name, R. Lake Esq. appears on land adjacent to the strip coloured green on the tithe map drawn up for the new indenture, and perhaps with time his activities had spilled over onto the land called Lady's Tippett, blurring boundaries, especially if the marsh salt had a commercial value. Wording on conveyancing documents (below) describe it as "that piece or parcel of Salt Marsh Land called Lady's Tippett situate in a certain Salt Marsh called Higham Mead " which suggests meadowland and rich pasturage for sheep. Robert's uncle George Lake of nearby Oakley who died in 1865 and was buried at St. Mary's Chalk Church was clearly an associate and friend of Edward Goldsmith who was also buried there in 1869.
George Oakley was listed as occupier of land in Chalk owned by Edward Goldsmith's father Richard, which was managed by Edward's brother John Goldsmith in 1841. Lake family members by 1881 were paying rates on extensive land holdings in the parish of Higham (Fielding 1882). Robert Lake Esq. may have used his parcel of land adjacent to Lady's Tippett for pasturage, saltworks for meat preservation, and orchards in an arrangement with wine and brandy merchant James Saxton of Crayford. It was James Saxton who was named as the person who offered the parcel of land to Captain Goldsmith in fee simple of £25 in 1857, and retrospectively, it seeems, in "extrajudicial" circumstances. Fee simple under English law was real property held permanently but limited by government powers. Preparation for the sale of Lady's Tippett was concluded as fee simple absolute, without limitations on the land's use, and that required a new indenture in 1870 which cost Elizabeth Goldsmith, as the principal beneficiary of her husband's estate, a great deal of money at the office of solicitor George Matthews Arnold.
TM/13/3-Receipts From James Saxton, Wine & Brandy Merchant
Link: https://royalasiaticcollections.org/receipts-from-james-saxton-wine-brandy-merchant/
Why tippett?
The parcel of land known as "Lady's Tippett" was named presumably because of its topographical shape resembling an item of Medieval clothing draped from the elbow to the hem worn by women, clerical and secular, perfectly depicted in this 14th century statuette of Joan, daughter of Edward III.
Statuette of Joan on the tomb of Edward III
DIED 2nd September 1348
LOCATION St Edward’s Chapel; South Ambulatory
MATERIAL TYPE Bronze
Image © 2023 Dean and Chapter of Westminster
Joan, daughter of Edward III
A small bronze statuette (or weeper) of Joan, a daughter of Edward III and Philippa of Hainault, can be seen on the side of her father's tomb in Westminster Abbey. This can be viewed from the south ambulatory. She was born in 1335 and died on 2nd September 1348 en route to Spain to marry Pedro of Castile. She lies buried in Bayonne cathedral. The weeper figure wears a reticulated head dress, cote-hardi and long sleeves [tippetts] and the coat of arms depicting Castile & Leon impaling France and England quarterly is below.
From Revivial Clothing, tippetts through the centuries:
During the High Middle Ages (11th – 13th centuries) male and female fashions often emphasized a full-sleeved tunic or gowns over a tight-sleeved undertunic or gown, both of which were worn over a plain linen shirt or chemise. Towards the close of this period the sleeves of the overgarment were cut to end at the elbow and form long, pendant sleeves about a foot long, leaving the forearms covered exclusively by the undergarment. As the new style of tight-sleeved, fitted gown and male cotehardies came into fashion in the 14th century, the overgarment’s sleeve was now tight-fitting and extended to the wrist. The old pendant sleeve was replaced with a purely decorative strip of linen or silk fabric about three inches wide that was attached either temporarily or permanently around the sleeve just above the elbow; from it a long streamer fell anywhere from the knee to the ground. Early in the period the bands seem to have been worn to the front of the arms, but later “migrated” to the sides of the arms. These streamers, or tippets, were nearly exclusively white, and great care was exercised to keep them pressed free of wrinkles. Based on contemporary artwork, our removable tippets are made of lightweight, white linen, and are “one size fits most” fitting up to a 15 1/2″ arm, with a 28″ long streamer.Source: https://revivalclothing.com/product/medieval-tippets/#1554922249854-a8a7cc3f-7696
Caption: "A woman kneels in prayer, she wears a black Backlace Gown with a Wimple and silk Veil to cover her head. Her tippets hang low from her upper arms just barely brushing the floor."
Source: https://revivalclothing.com/product/medieval-tippets/#1554922249854-a8a7cc3f-7696
That this parcel of land's resemblance to an open sleeve hanging from an arm may have seemed obvious to Higham Marshes' earliest inhabitants. Its name suggests a feminine space serving some practical use. A Benedictine nunnery was established in the 13th century at Lower Higham close to St. Mary the Virgin Church (Chalk Church), the church where Captain Goldsmith worshipped and was buried in 1869. The nuns profited from the maintenance of the Causeway, the old Roman Road leading from Higham village to the Thames where they held a franchise on the Ferry service crossing from Kent to Essex. These were women who were nominally addressed as Lady (Lady Anchoreta, Lady Prioress), who worshipped at the Lady Chapel (variously called the Nun's Chapel and Lady's Chapel) inside the church, and who gave birth to children fathered by at least one Vicar of St. Mary's, Edward Steroper (a story often told about this nunnery and cited as one reason for dissolution of the nunnery in 1521 among others, including embezzlement of funds by nuns and decline in general use of the Ferry). In 1959 two cottages of an 18th century farm, Abbey Farm on ordnance maps, which were demolished near St Mary's were found to contain considerable portions of 14th century masonry. Graves, believed to be those of nuns were found during excavation, suggesting the site was formerly the nuns' cloister and priory.
Source: A. F. Allen.1965.Higham Priory.Archaeologia Cantiana. 80:186199.
https://kentarchaeology.org.uk/node/11462 .
Detail of map St. Mary's Church and Abbey Farm, site of nun's priory
Kent XI Ordnance Survey Six-inch England and Wales, Kent Sheet XI
Surveyed: 1862, Published: 1870
Link: https://maps.nls.uk/view/102343465#zoom=5&lat=8569&lon=4325&layers=BT
1862: Kent Sheet XI - the Salt Marshes
Surveyed: 1862, Published: 1870
Size: map 61 x 92 cm (ca. 24 x 36 inches), on sheet ca. 70 x 100 cm (28 x 40 inches)
https://maps.nls.uk/view/102343465#zoom=4&lat=5963&lon=7013&layers=BT
Early maps of the Higham Saltings indicate where Higham Creek enters from the Thames.
Red arrow: Higham Creek; green arrow, Lady's Tippet; blueline, Higham Creek; yellow highlight Higham Saltings
With dissolution of the Nunnery, the lands, tithes and presentation of Abbey Farm became the property of St John's College, Cambridge. The College owned the strip of land adjacent to Lady's Tippett, on the Thames side (see Tithe map below on Elizabeth Goldsmith's Declaration in Chancery 1871, below) as well as land on Telegraph Hill, Higham, above Gad's Hill House, the 6 acre property which was Captain Goldsmith's primary residence (see Cobb's Catalogue for the sale of estate, below).
An earlier account written by C. Roach Smith in 1880 dispelled the belief that the Higham marshes were worthless. On a visit to the area, he found:
From the spot where is the divarication from the straight line from Higham, for a very considerable distance, a wide space of ground on the margin of the Thames is unenclosed. It was thought worthless; and over it the high tides have ever flowed and still flow. But the vast tract, of marsh and meadow land, protected by the embankment, has apparently been ever secured from the highest tides. Sheep and cattle graze upon it, in perfect security; it grows no marine plants, such as flourish on the riverside; its creeks are full of fresh water plants, and fresh water fish.C. Roach Smith.1880.The Shorne Higham and Cliffe Marshes. Archaeologia Cantiana.13:494-499.(p. 497)
Link: https://kentarchaeology.org.uk/node/9717
Read the full transcript of this article below in Addenda 1.
Storms, floods, tidal fluctuations in sea levels along the Thames and Medway estuaries, and the human activities of pasturage, agriculture, walling, trenching, embanking and salt-making might have affected the topography of the Higham Salts by the 19th century to the degree where any change to the course of the bifurcated stream Higham Creek, in particular, would have altered the boundaries of Lady's Tippett. But to the Medieval mind it may well have looked just like a lady's tippett, notwithstanding other possible connotations to do with femininity.
MAY - JUNE 1870
The first steps taken to legitimate the inclusion of an indenture on "Lady's Tippett" in the sale of her husband's estate took place in Chancery, London, on 9th June, 1870 when Elizabeth Goldsmith declared on oath her lack of knowledge of the existence or non-existence of a title deed to the said piece of land, as recorded on this document:
FRONTIS: Mrs Elizabeth's Goldsmith's Declaration 9 June 1870
TRANSCRIPT - Frontis
Dated 9 June 1870PAGE 2:
Rectangular stamp BRA 1069 11
Declaration of Mrs Elizabeth Goldsmith as to the title of the late Edward Goldsmith dec'd to a piece of marshland in the Parish of Higham Kent.
TRANSCRIPT Page 2:
[Circular stamp with Crown dated 10.5.70 = 10th May 1870]
2/7[BOX INSERT: Tithe map or plan of the piece of land called Lady's Tippett, Higham Salts]
I Elizabeth Goldsmith of Gads Hill House in the Parish of Higham in the County of Kent, widow do hereby solemly and sincerely declare as follows: -
1. That my late Husband Edward Goldsmith formerly of Gad's Hill Cottage in the Parish of Higham aforesaid purchased in the year one thousand eight-hundred and fifty seven of James Saxton the younger of Crayford in the said County of Kent Wine Merchant for an Estate of fee simple in possession free from incumbrances a piece or parcel of marshland called or known by the name of Lady's Tippett situate lying and being in a certain saltmarsh called Higham Mead in the parish of Higham aforesaid and numbered 10 in the Tithe map for the said Parish and on which said piece or parcel of land contains by admeasurement three roods and one perch (more or less) and is more particularly delineated and described as to its position and boundaries in the map or plan thereof drawn in the margin of these present and therein colored Green -
2. That I have caused searches to be made for the Deed whereby such piece or parcel of land may have been conveyed to my said late Husband, but I have found none and I verily believe that no Conveyance of the said piece or parcel of land to my said Husband was ever made and executed in consequence of the small value of such piece of Land my said Husband having paid only the sum of twenty five pounds for the
PAGE 3:
TRANSCRIPT Page 3:
[Initialled] purchase of the fee simple thereof in possession free from incumbrancesSource: "Saltmarsh bought by Robert Lake 1870, and eleven cottages in Vicarage Row, Higham"
3. That ever since the year one thousand eight hundred and fifty seven down to the day of his death which occurred on the second day of July one thousand eight hundred and sixty nine my said Husband has been in peacable and quiet possession of the said piece of land and has received the rents and profits thereof without any interruption or disturbance whatsoever.
4. That since the date of my said Husband's decease the Trustees of his Will have held and enjoyed the said piece of land and heriditaments and received the rents and profits thereof as the same is now in tenure or occupation of their tenant Mrs Mary Youens and this without any interruption or disturbance whatsoever. And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of an Act of Parliament made and passed in the sixth year of the reign of His late Majesty King William the Fourth intituled "An Act to repeal an Act of the present Session of Parliament intituled "An Act for the more effectual abolition of Oaths and Affirmations taken and made in various Departments of the State and to substitute Declarations in lieu thereof and for the more entire suppression of voluntary and extrajudicial Oaths and Affidavits and to make other provisions for the abolition of unnecessay Oaths -"
Declared at Gravesend
in the County of Kent
this ninth day of June one thousand } Elizabeth Goldsmith [signature]
eight hundred and seventy
Before me
Geo. M. Arnold [signature]
A Commissioner to administer Oaths
in Chancery in England
Description: Also Gads Hill House, Gads Hill Cottage and nine cottages in Gads Hill; twenty seven cottages, Chalk Street, Gravesend; one deed 1870 of saltmarsh in Higham, remaining topographical references from a sale catalogue with plan, 1870
Held At: Kent History and Library Centre
Document Order #:U36/T1810/5
Date:1865-1881
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5
AUGUST 1870
The second step was to draw up an indenture on the piece of land called Lady's Tippet in Elizabeth Goldsmith's name in the absence of a title deed. This took place at Mr. Arnold's, Gravesend, two months later, on 25 August 1870. The fourteen page document was then revised in 1881 and Elizabeth Goldsmith's name was struck through, with the purchaser's name Robert Lake, inserted over it.
Summary:
When Captain Edward Goldsmith died in July 1869, an anomoly regarding the absence of a title deed attesting to his ownership of a parcel of land in the Higham Salts marsh measuring less than an acre and known as "Lady's Tippett", resulted in his exceutors needing legal guidance when the sale of his real estate was prepared for auction in July 1870. The parcel was then advertised on Cobb's catalogue as LOT 10. George Matthews Arnold, the lawyer who had administered the will of John Goldsmith snr, Edward's father, proceeded to act on behalf of his wife Elizabeth Goldsmith to empower her to mortgage Lady's Tippett in order to sell it to Robert Lake free of encumbrances. It cost her £836.10 (£837 pounds in 1870 is worth approximately £52,435.04 or $71, 022.87 USD today, with the same buying power as $103,107.64 current dollars.).
G. W. Arnold devised an Indenture on the piece of land in question, Lady's Tippet, by abstracting it from the estate at considerable expense to the executors of Edward Goldsmith's estate, his wife Elizabeth Goldsmith and silk merchants Alfred Bentrley and William Bell Bentley. He set about interpreting in detail the will dated 15th February, 1865 and the codicil dated 30th June 1869 - TWO DAYS before Captain Goldsmith was declared deceased on 2nd July 1869 - to assert that both the will and the codicil covered any and all aspects, if the need arose, for Elizabeth Goldsmith to raise money for any construction or improvements on her husband's real estate. By assenting to this arrangement with G. W. Arnold to hold all her husband's real estate in Trust, Elizabeth Goldsmith entered into a loan agreement with him for £200 with interest at the rate of £5 per cent per annum for the sale of the Indenture on Lady's Tippet (page 3).
But by pages 4 and 5, Arnold's fees to execute power of sale of Lady's Tippett to Robert Lake, the intended purchaser, had risen to £215.7.1 which included interest in arrears and insurance. Legacy duties, registering the new Indenture, and other legal fees incurred an additional £83.14.7 by page 7. A further sum of £334.16.7 was then included so that Elizabeth Goldsmith could complete the erection of works mentioned in the will and codicil - though these are not specified. By the bottom of page 7, Arnold had arrived at the sum of £836.10 due from Elizabeth Goldsmith. He then gives assurance that the Indenture prepared for the excercise of removing it from Elizabeth Goldmith's entitlements to her husband's real estate could then ensure its disposal at sale but only on the repayment of money owed to him by Elizabeth Goldsmith. She signed this agreement with Arnold on 9th June 1870 and paid him an advance of £338.9/. George Matthews Arnold lodged a complaint himself as plaintiff in 1872 against Edward Goldsmith's will and heirs for the amount which he claimed was owing to him and which was far more, according to Elizabeth Goldsmith's testimony.
Appended to this agreement dated the 10th September 1870 is the handwritten version of Elizabeth Goldsmith's statutory delaration entered on oath in Chancery in which she said she had searched for the title deed to Lady's Tippett without success, and that she "verily believed that no conveyance of the said piece or parcel of land to her was ever made & executed in consequence of the small value of such piece of land her said husband having paid only the sum of £25 for the fee simple ..." .
On this same page 10 which bears her statement and signature is another statement written in another hand between George Matthews Arnold, Elizabeth Goldsmith,William Bell Bentley and Alfred Bentley in the first part, and the purchaser of Lady's Tippett, Robert Lake the younger of Oakley in the Parish of Higham in the second part, stating that he agrees that Elizabeth Goldsmith had "excercised the power of mortgaging" the parcel of land which he Robert Lake made as an absolute purchase "free from all encumbrances for £15." But the agreement is not personally signed by Robert Lake. It merely records that the document was executed by G. M. Arnold, Elizabeth Goldsmith, Alfred and William Bell Bentley, and the receipt of the £15 attested.
Robert Lake's attested conveyancing to him of the Lady's Tippett, 10 September 1870
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5
TRANSCRIPT
He the said G. M. Arnold (at the request and by the direction of the said E. Goldsmith W. B. Bentley & A Bentley (testified etc) Did thereby grant and convey the said E. Goldsmith W. B. Bentley & A Bentley by virtue of the said recited power of sale & of all other powers & auth'ies [authorities] in any way enabling them in that behalf Did & each of them Did thereby grant & convey release satisfy & confirm unto the said R. Lake & his heirs All that piece or parcel of Salt Marsh Land called Lady's Tippett situate in a certain Salt Marsh called Higham Mead in the said Parish of Higham numbered 10 in the Tithe Commutation Map and Book of reference of the said Parish & config [configured] by amt [amount] 3 r [roods] 1p [perch] or thereabouts & particlarly delineated & colored green in the Plan thereof drawn in the margin of the abstracting Indre [Indenture] Together with the appurtns [appurtenances]- And all the estate To hold the same unto & to the use of the said R. Lake his heirs and ass [assignees] for ever freed & absolutely discharged from the securities created by the said Indentures of the 22nd July 1869 and the 9 Juy 1869 & from all other charges or liens of the said G M Arnold (if any) upon the said Lds [lands] or any part thereof.
Covenant by the said G. M. Arnold that he had not incumbered
Several convenants by the said E Goldsmith W.B. Bentley & A Bentley that they had not incumbered
Executed by the said G. M. Arnold E Goldsmith W.B. Bentley & A Bentley & attested and Receipt for £15 indorsed signed and witnessed
[Margin annotation:]
Plan same as that annexed to E. Goldsmiths declaration before abst [?]
The last page, which would have been the front cover when folded of the document when amended in the 1880s, is identical to the header on page 1 featuring "Abstract of the Title" in Gothic lettering except that it bears two dates - 1870 of the original page struck through with 1881 superimposed. Pencilled in at the top of the page is "As to part of Lot 8, and beneath, struck through " Lot 10". Annotated in the margin is the reference number used by the Kent Archives and Library to catalogue it: U36 T1810/5
Next is the Abstract of Title in the same Gothic lettering as on page 1, with "Elizabeth Goldsmith and others" struck through, superimposed by Robert Lake's name:
"Abstract of the Title of Robert Lake Esq. to a certain freehold piece of [land struck through] Marsh Land called or know as "Lady's Tippett" siuate in the Parish of Higham in the County of Kent."The footnote annotation carries initials and another date, 22/7/81 and a rectangular stamp enclosing "B.R.A. 1069 11" . The date refers to the date at top - 1881.
Final page, Abstract of Title to Robert Lake, dated 1881, on the conveyance of Lady's Tippett
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5
COMMENT:
Solicitor George Matthews Arnold had a long association with Captain Edward Goldsmith's immediate family. He administered the will of Edward's father, Richard Goldsmith snr in 1839 and filed a Bill of Complaint in Chancery in 1856 against Richard's heirs and beneficiaries for withholding evidence of deeds to Richard Goldsmith's extensive holdings in the parishes of Chalk and Higham, Kent.
Richard Goldsmith snr held licenses for two hotels in Rotherhithe, London, viz. the China Hall public house and the adjoining tenements at 1-4 China Hall Place, on the Lower Deptford-road, as well as the Victoria Inn, known as the Princess, also on the Lower Deptford-road. The mortgages, indentures and income on the tavern, tea gardens and tenements at China Hall Place were the first subject of G. W. Arnold's Bill of Complaint filed specifically against the two sons of Richard Goldsmith snr - John Goldsmith and his younger brother Captain Edward Goldsmith.
Extraordinary as it may seem, George Matthews Arnold's Bill of Complaint was lodged in Chancery less than six months after Captain Goldsmith's permanent arrival back at his residence, Gads Hill House, Telegraph Hill, Higham, Kent in 1856. Arnold met with resistance from the Goldsmith brothers when making it clear he had a Complaint. In fact, in item 15 of his Bill of Complaint, he stated:
15. The whole of the said principal sum of One thousand six hundred pounds with an arrear of interest thereon still remains due and owing to the plaintiff George Matthews Arnold upon the securities aforesaid and the said mortgaged premises being but a scanty security for the same the plaintiff George Matthews Arnold has applied to and requested the defendants hereto to redeem the said mortgages or to release their equity of redemption in the said premises but they refuse to comply with such request.G. W. Arnold as plaintiff filed this suit in Chancery for the purpose of redeeming the mortgages, rents and other income derived principally from Richard Goldsmith's properties. He also wanted the Goldsmith heirs to produce evidence of other deeds held on properties but they refused. The Court ordered they should comply under penalty of arrest. When Captain Edward Goldsmith's own estate was put at auction in 1870 at the Bull hotel, Rochester, the auction took place under under the watchful eye of George Matthews Arnold who acted as solicitor to the executors, and at great expense to Edward's wife, Elizabeth, as evidenced here by the problem of a title deed to a piece of land measuring less than acre called "Lady's Tippett" that was considered by her husband to be of small value.
10th SEPTEMBER 1870
The third step to facilitate the sale of Lady's Tippett to Robert Lake was to write up the official Indenture form.
TRANSCRIPT
This Indenture made the tenth day of September one thousand eight hundred and seventy Between George Matthews Arnold of Gravesend in the County of Kent Gentleman of the first part Elizabeth Goldsmith of the same place Widow and William Bell Bentley and Alfred Bentley of one hundred and thirty six Cheapside in the City of London Silk Merchants of the second part and Robert Lake the younger of Oakley in the Parish of Higham in the County of Kent Esquire of the third part. WHEREAS Edward Goldsmith late of Higham aforesaid Esquire deceased being seised of or otherwise entitled to a state of inheritance in fee simple in possession of and in (amongst other hereditaments) the piece or parcel of land and hereditaments herein after described and intended to be hereby assured duly made and executed his last will and testament in writing dated the fifteenth day of February one thousand eight hundred and sixty five whereby he devised all his real estate whatever and wheresoever that he might die seised possessed or entitled to at the time of his death unto his wife the said Elizabeth Goldsmith William Bell Bentley and Alfred Bentley their heirs and assigns upon the trusts therein mentioned And the said testator thereby declared that it should be lawful for the Trustees and Trustee for the time being of his said will at their discretion from time to time to sell and absolutely dispose of his said real estate or any part thereof either by public auction or private contract and subject or not to any special or other conditions of sale restrictive of the purchasers rights in relation to the title or evidence of title and such other conditions stipulations and agreements as they should think proper and to make enter into and execute all acts deeds assignments and assurances whatsoever as should be necessary or be deemed expedient by his said Trustee their heirs executors or administrators and stand possessed of the proceeds of sale upon the trusts therein mentioned And that the receipt or receipts of the Trustees or Trustee for the time being of his said will for the money to arise from any sale or sales of his said estate as aforesaid should effectually discharge the person or persons paying the same from being answerable or accountable for the misapplication or nonapplication thereof AND WHEREAS the said Testator duly made and executed a codicil to his said will dated the thirtieth day of June one thousand eight hundred and sixty nine whereby he empowered the said Elizabeth Goldsmith to execute Mortgages of his real estate for the purpose therein mentioned AND WHEREAS the said Testator died on the second day of July one thousand eight hundred and sixty nine and the said will and codicil were duly proved by the said Elizabeth Goldsmith William Bell Bentley and Alfred Bentley the executrix and executors thereof on the twenty seventh day of the same month in the Principal Registry of her Majestys Court of Probate AND WHEREAS the said Elizabeth Goldsmith has exercised the power of Mortgaging vested in her by the Codicil by means of two several Indentures of Mortgage bearing date respectively the twenty second day of July one thousand eight hundred and sixty nine and the first day of January one thousand eight hundred and seventy and respectively made between herself of the one part and the said George Matthews Arnold of the other part AND WHEREAS the said Robert Lake has contracted with the said Elizabeth Goldsmith William Bell Bentley and Alfred Bentley for the absolute purchase of the said piece or parcel of land and hereditaments hereinafter described for an estate of inheritance in fee simple in possession free from all incumbrances at the price of fifteen pounds sterling AND WHEREAS the said George Matthews Arnold has agreed to concur in these presents for the purpose of releasing the said piece of land and heriditaments from the said several Indentures of Mortgage and from all other charges heirs (if any) which he may have thereupon in manner hereinafter appearing NOW THIS INDENTURE WITNESSETH that in pursuance of the said Agreement and in consideration of the sum of fifteen pounds sterling to the said Elizabeth Goldsmith William Bell Bentley and Alfred Bentley (with the consent of the said George Matthews Arnold testified by his executing these presents) now paid by the said Robert Lake the receipt whereof is hereby acknowledged. He the said George Matthews Arnold (at the request and by the direction of the said Elizabeth Goldsmith William Bell Bentleyand Arthur [sic -Alfred] Bentley testified by their executing these presents Doth hereby grant and convey And the said Ellizabeth Goldsmith William Bell Bentley and Alfred Bentley by virtue of the said recited power of sale and of all other powers and authorities in any way enabling them in this behalf Do and each of them Doth hereby grant and convey release ratify and confirm unto the said Robert Lake and his heirs ALL that piece or parcel of Salt Marsh Land called "Lady's Tippett" situate in a certain salt marsh called Higham Mead in the said Parish of Higham numbered 10 in the Tithe Commutation Map and Book of Reference of the said Parish and containing by admeasurement three roods one perch or thereabouts and particularly delineated and colored green in the Plan thereof drawn in the margin of these present TOGETHER with the appurtenances to the same piece of land and hereditaments belonging or appertaining and all the estate right title and interest of the parties hereto of the first and second part therein and thereto TO HAVE AND TO HOLD the said piece of land and hereditaments and all and singular other the premises intended to be hereby granted and conveyed with the appurtenances unto and to the use of the said Robert Lake his heirs and assign for ever freed and absolutely discharged from the securities created by the said Indentures of the twenty second day of July one thousand eight hundred and sixty nine and the first day of January one thousand eight hundred and seventy respectively and from all other charges or liens of the said George Matthews Arnold (if any) upon the same piece of land and hereditaments or any part thereof AND the said George Matthews Arnold doth hereby for himself his heirs executors and administrators covenant with the said Robert Lake his executors administrators and assigns that he the said George Matthews Arnold hath not at any time heretofore made done committed executed suffered or omitted any act deed matter or thing whatsoever whereby or by reason or means whereof the said piece of land and hereditaments or any part thereof are is can shall or may be impeached charged incumbered or prejudicially affected in title estate or otherwise howsoever AND each of them the said Elizabeth Goldsmith William Bell Bentley and Arthur [sic Alfred] for herself and himself and for her and heirs executors and administrators acts and defaults only and not further or otherwise Doth hereby covenant with the said Robert Lake his heirs and assigns That the said covenanting party hath not at any time heretofore made done committed executed suffered or omitted any act deed matter or thing whatsoever whereby or by reason or means whereof the said piece of land and hereditaments or any part thereof are is can shall or may be impeached charged incumbered or prejudicially affected in title estate or otherwise howsoever or whereby they the said covenanting parties respectively are in any wise prevented or hindered from granting or conveying the said piece of land and hereditaments or any part thereof in manner hereinbefore mentioned IN WITNESS whereof the said parties to these presents have hereunto set their hands and seals the day and year first above written
[SIGNATURES and RED WAX SEALS with the HORSE'S HEAD, insignia of Kent]
Geo. M. Arnold Elizabeth Goldsmith Wm. Bell Bentley Alfred Bentley
TRANSCRIPT
[SIGNATURES and RED WAX SEALS with HORSE'S HEAD]
Geo. M. Arnold Elizabeth Goldsmith Wm. Bell Bentley Alfred Bentley
[NEXT PAGE:]
Signed sealed and delivered by the within named George Matthews Arnold in the presence Edw. G. Fooks
Signed sealed and delivered by the within named William Bell Bentley in the presence of Edw G. Fook, Park Place, Gravesend
Signed sealed and delivered by the within named Alfred Bentley in the presence of Edw. G. Fooks
[MARGIN:]
RECEIVED the day and year first within written of and from from the within named Robert Lake the sum of Fifteen Pounds being the considerationmoney within expressed to be paid by him to us ----
Signatures of
Elizabeth Goldsmith
Wm Bell Bentley
Alfred Bentley
Witness to the signature of Elizabeth Goldsmith
Edw G. Fooks
Witness to the signature of William Bell Bentley
Edwd G. Fooks
Witness to the signature of Alfred Bentley
Edw G. Fookes
[COVER FOLD:]
Dated 10th September 1870
CONVEYANCECover: Abstract of Title to Robert Lake, dated 1881, on the conveyance of Lady's Tippett
George Matthews Arnold Esq. and others to Robert Lake Esq. the Younger
of a Piece of Salt Marsh Land situate in the Parish of Higham Kent
Link: https://www.kentarchives.org.uk/collections/getrecord/GB51_U36_2_882_5
Suits in Chancery
On the death of his father in 1869 at Gadshill, Edward Goldsmith jnr contested the will in a Chancery suit against his mother Elizabeth Goldsmith, widow, and his father's executors, William Bell Bentley and Alfred Bentley. He also contested his father's legacy as plaintiff against his Tasmanian cousins, legatees Mary Sophia Day and her sister Elizabeth Rachel (Day) Nevin. But in 1872 both Elizabeth Rachel Nevin and her husband, photographer Thomas Nevin, were named in a Chancery suit as defendants, along with Edward jnr and his mother, this time lodged in the name of Elizabeth's younger sister, Mary Sophia Day as the plaintiff (Ref: National Archives UK C16/781 C546012).
APRIL 1871: Goldsmith v Goldsmith
When the administration of Captain Edward Goldsmith's will was listed in 1871 (National Archives UK Ref: C 16/715/G18) William Bell Bentley was named as defendant along with Captain Edward Goldsmith's widow, Elizabeth Goldsmith versus their son Edward Goldsmith jnr and Sarah Jane Goldsmith, his wife. William Bell Bentley and his brother Alfred Bentley were the named executors of the will, the latter better known as the father of William Owen Bentley, founder of Bentley Motors Ltd (1919) whose mother Emily Waterhouse was born in South Australia. Another of Alfred Bentley's sons, Alfred Hardy Bentley was added to the amendment in 1922.
MAY 1872: Day v Goldsmith
In May 1872, Elizabeth Goldsmith was in Chancery again, this time as defendant in a suit against plaintiff Mary Sophia Day in Tasmania, named as beneficiary of her uncle's will. This legal document appears to be particularly cruel. It sets sister against sister, Mary Sophia Day as the plaintiff and her elder sister Elizabeth Rachel (Day) Nevin as defendant, both daughters of Captain James Day, nieces of Captain Edward Goldsmith's wife Elizabeth (Day) Goldsmith.
Short title: Day v Goldsmith. Documents: Bill only. Plaintiffs:…This document lists all the real estate held by Captain Goldsmith in July 1869. In this suit, Elizabeth Goldsmith spells out the money she has paid to George Matthews Arnold, amounting to more than the £837.10 she agreed to pay him in 1870:
Reference:C 16/781/D50 Description: Cause number: 1872 D50.
Short title: Day v Goldsmith.
Documents: Bill only.
Plaintiffs: Mary Sophia Day infant by Thomas Butter her next friend (both struck through).
Defendants: Elizabeth Goldsmith, William Bell Bentley, Alfred Bentley, Edward Goldsmith and Sarah Jane Goldsmith his wife, Caroline Tolhurst, Matilda Tolhurst, Edward Tolhurst (abroad), Richard Tolhurst (abroad) and Thomas Nevin (abroad) and Elizabeth Rachel Nevin his wife (abroad).
5. The real property of or to which the testator was seised or entitled at the time of his death was as follows -
(1.) Eleven cottages and premises situate and being Nos. 1,2,3,4,5,6,7,8,9,10 and 11 Vicarage Row in the parish of Higham in the county of Kent specifically mentioned in his said will and at the time of the testator's death let to weekly tenants.
(2.) A small piece of land situate on the north side of the Gravesend and Rochester turnpike road at Gadshill in the parish of Higham demised to Edward Whitehead with the piece of land hereinafter described and numbered 9 for the term of 14 years from the 1st day of September 1869 at the apportioned yearly rent of 5s. And also another piece of land with 5 cottages or tenements thereon erected and built situate on the north side of the Gravesend and Rochester turnpike road at Gadshill aforesaid and called or known as Nos. 5,6,7,8, and 9 Higham Place and at the time of the testator's death let to weekly tenants.
(3.) A piece of land with 4 cottages or tenements thereon erected and built and known as Nos. 1,2,3, and 4 Higham Place aforesaid and at the time of the testator's death let to weekly tenants.
(4.) A piece of marsh land called or known as Lady's Tippet situate in the Salt Marsh called Higham Mead in the parish of Higham aforesaid and containing by admeasurement 3r. 1p. and at the time of the testator's death let to Mrs Mary Youens at the yearly rent of 10s.
(5.) Four cottages or tenements and premises situate on the noth side of the aforesaid Gravesend and Rochester turnpike road in the said parish of Chalk and situate on the east side of the cottage and garden hereinafter described and numbered 10 which said 4 cottages or tenements were at the time of the testator's death let to weekly tenants.
(6.) A piece of land situate opposite the "Lisle Castle" public-house on the south side of the aforesaid Gravesend and Rochester turnpike road in the said parish of Chalk and formerly let to John Craddock as yearly tenant which was sold by private contract in the year 1869 for the sum of £200.
(7.) A piece of land containing by admeasurements 6a. 3r. 28p. with the messuage and premises thereon erected and built and called or known as "Gadshill House" situate at Gadshill aforesaid in the occupation of Andrew Chalmers Dods under and by virtue of an indenture of lease dated the 12th day of June 1869 and made between the said testator of the one part and the said Andrew Chalmers Dods of the other part whereby the said premises were demised unto the said Andrew Chalmers Dods his executors administrators and assigns for the term of 14 years from Michaelmas Day 1869 at the yearly rent of £165. The testator had in his lifetime bound himself to the said Andrew Chalmers Dods to enlarge the last mentioned house and had entered into a contract with a builder for the execution of such work. The defendant Elizabeth Goldsmith after the testator's death raised the sum of £500 on mortgage of the testator's real estate for the purpose of paying for the said work and the plaintiff submits that as between the said houses in Vicarage Row and the testator's other real estate such mortgage ought to be borne wholly by the testator's real estate other than the said houses in Vicarage Row.
(8.) A piece of land containing 1a. 0r. 32p. with the messuage or tenement thereon erected and built and known as "Gadshill Cottage" situate and being at Gadshill aforesaid and formerly in the occupation of the said testator since then of the defendant Elizabeth Goldsmith but now of Charles Henry Walter under an indenture of lease dated the 13th day of August 1870 and made between the defendants Elizabeth Goldsmith William Bell Bentley and Alfred Bentley of the one part and the said Charles Henry Walter of the other part whereby the same premises were demised unto the said Charles Henry Walter his executors administrators and assigns for the term of 13 years and 48 days from the 12th day of August 1870 at the yearly rent of £70 payable quarterly.
(9.) A piece of orchard land containing 3r. 20p. situate on the north side of the Gravesend and Rochester turnpike road at Gadshill aforesaid and adjoining the premises eightly described and which said piece of land (with the said small piece of land hereinbefore mentioned and numbered 2) was demised to the said Edward Whitehead for the term of 14 years from the 1st day of September 1869 and is now in his occupation at the apportioned yearly rent of £4. 15s.
(10.) A piece of garden ground containing by admeasurment 1r. 30p. on the north side of the Gravesend and Rochester turnpike road with the cottage or tenement thereon erected and built situate in the parish of Chalk aforesaid and also a piece of orchard ground situate on the north side of the road leading from Gravesend to the village of Lower Higham amd lying in the parish of Chalk aforesaid and containing by admeasurement 1a.3r.32p. all of which premises are now in the occupation of John Craddock as yearly tenant at the annual rent of £30.
(11.) Twenty-three cottages or tenements and premises situate in or near to the aforesaid road leading from Gravesend to Lower Higham in the said parish of Chalk all let to weekly tenants.
6. The defendants Elizabeth Goldsmith William Bell Bentley and Alfred Bentley have in exercise of the power of sale given to them by the said will sold the said hereditaments numbered respectively 1,2,3,4,5, and 6 and out of the proceeds of such sale and out of the testator's personal estate not specifically bequeathed the defendants Elizabeth Goldsmith William Bell Bentley and Alfred Bentley have paid the testator's funeral and testamentary expenses and debts except as hereinafter state including some part of the mortgage debts hereinafter mentioned.
7. At the time of the testator's death the principal sum of £294.2s.4d was due from him to George Matthews Arnold of Gravesend in the county of Kent gentleman and was secured by a deposit of the title deeds of the testator's real estate (excepting the said pieces of land hereinbefore described and numbered respectively 1 and 4). By indentures of mortgage dated respectively the 22nd day of July 1869 and the 1st day of January 1870 and made between the defendant Elizabeth Goldsmith of the one part and the said George Matthews Arnold of the other part All the real estate of the said testator was mortgaged to the said George Matthews Arnold to secure to him the aggregate principal sum of £836. 10s. inclusive of the sum of £194. 2s. 4d. part of the above mentioned sum of £294. 2s. 4d. The defendant Elizabeth Goldsmith alleges that the said mortgages were executed in order to raise money for the purposes of the contract in the testator's codicil mentioned. The sum of £100 (the residue of the said sum of £294. 2s. 4d.) was due in addition to the said sum of £836. 10s. and the sum of £15 has been paid to the said George Matthews Arnold on account of such debt of £100.
8. The defendant Edward Goldsmith [jnr] claims that the sum of £350 was owing to him by the said testator at the time of his decease and the same sum still remains unpaid.
9. By a decretal order of this Honorable made in Chambers and dated the 9th day of February 1871 made in the matter of the estate of the said testator and in a cause between the said Edward Goldsmith and the defendants Elizabeth Goldsmith Will Bell Bentley and Alfred Bentley defendants It was ordered that the following accounts and enquiries be taken and made -
(1.) An account of the personal estate not specifically bequeathed of the said Edward Goldsmith the testator in the summons named come to the hands of the defendants Elizabeth Goldsmith widow William Bell Bentley and Alfred Bentley the executrix and executors of his said will or any of them or to the hands of any other person or persons by their order or for their use.
(2.) An account of the testator's debts.
(3.) An account of the testator's funeral expenses.
(4.) An account of the legacies and annuities given by the testator's will.
(5.) An enquiry what parts (if any) of the testator's said personal estate were outstanding or undisposed of and it was ordered that the testator's personal estate not specifically bequeathed should be applied in payment of his debts and funeral expenses in a due course of administration and then in payment of the legacies and annuities given by his will and it was ordered that the following further inquiries should be made and taken.
(6.) An enquiry what real estate the testator was seised of entitled to at the time of his death.
(7.) An enquiry what incumbrances (if any) affect the testator's real estate or any and what parts thereof. And it was ordered that the further consideration of the said matter and cause should be adjourned and any of the parties were to be at liberty to apply as they shall be advised.
10. Affadavits have been filed by the defendants Elizabeth Goldsmith -
um of £836. 10s. inclusive of the sum of £194. 2s. 4d. part of the above mentioned sum of £294. 2s. 4d. The defendant Elizabeth Goldsmith alleges that the said mortgages were executed in order to raise money for the purposes of the contract in the testator's codicil mentioned. The sum of £100 (the residue of the said sum of £294. 2s. 4d.) was due in addition to the said sum of £836. 10s. and the sum of £15 has been paid to the said George Matthews Arnold on account of such debt of £100.
11. The defendant Edward Goldsmith married after the testator's death with the consent of the defendant Elizabeth Goldsmith but has never had a child.
12. The plaintiff submits that the testator's real estate remaining unsold and the testator's personal estate specifically bequeathed ought to contribute ratebly with the proceeds of the sale of the said real estate already sold towards payment of the testator's funeral and testamentary expenses and debts and further that the said funeral and testamentary expenses and debts ought to be apportioned between the said eleven cottages in Vicarage Row which are by the said will contingently devised to the plaintiff and the said Elizabeth Rachel Nevin as aforesaid on the one hand and the residue of the testator's real estate on the other hand.
13. The said Thomas Nevin and Elizabeth Rachel his wife are resident in Hobart Town aforesaid out of the jurisdiction of this Honorable Court. No settlement or agreement for a settlement has ever been made before or after such marriage.
14. The said Mary Tolhurst had four children only living at the time of the testator's death that is to say the defendants Caroline Tolhurst Edward Tolhurst Richard Tolhurst and Matilda Tolhurst. The defendants Edward Tolhurst and Richard Tolhurst are resident at Ballarat in Australia out of the jurisdiction of this Honorable Court.
15. Under the circumstances aforesaid the plaintiff submits that the testator's real as well as personal estate ought to be administered and the trusts of his will carried into execution under the direction of this Honorable Court.
Source: Short title: Day v Goldsmith. Documents: Bill only. Plaintiffs:…
Reference:C 16/781/D50 Description:
Cause number: 1872 D50.
Short title: Day v Goldsmith.
Documents: Bill only.
Plaintiffs: Mary Sophia Day infant by Thomas Butter her next friend (both struck through).
Defendants: Elizabeth Goldsmith, William Bell Bentley, Alfred Bentley, Edward Goldsmith and Sarah Jane Goldsmith his wife, Caroline Tolhurst, Matilda Tolhurst, Edward Tolhurst (abroad), Richard Tolhurst (abroad) and Thomas Nevin (abroad) and Elizabeth Rachel Nevin his wife (abroad).
Amendments: Amended by order 1888. George Matthews Arnold added as a named party. Amended by order 1894. Sarah Jane Goldsmith widow added as a plaintiff. Amended by order 1894. George Edmeades Tolhurst added as a party. Amended by order 1908. Sarah Jane Goldsmith widow as a defendant and William Bell Bentley, Alfred Bentley, Brownfield Tolhurst and George Phillips Parker added as co defendants.
Date: 1872
Held by: The National Archives, Kew
Link: https://discovery.nationalarchives.gov.uk/SearchUI/Details?uri=C7908748
Whata Whata Surprise
Of special interest to the nieces of Captain Edward Goldsmith - Elizabeth Rachel (Day) Nevin and her sister Mary Sophia Day as daughters of his wife Elizabeth (Day) Goldsmith's brother Captain James Day back in Hobart, Tasmania - was the sale of the eleven cottages in Vicarage Row, Higham which their uncle had set aside as a bequest to them in his will. Photographer Thomas J. Nevin, Elizabeth Rachel Nevin's husband was named as an additional beneficiary.
Despite the catalogue's inclusion at Kent Archives of "Vicarage Row" along with the sale of Lady's Tippett to Robert Lake in the file #U36/T1810/5, he did not acquire those eleven cottages, marked off as LOTS 7, 8, and 9 on the insert in Cobb's catalogue 1870 for the sale of Captain Edward Goldsmith's estate. Those eleven cottages, still standing today and displaying a little plaque with the number and name Vicarage Row, located on School Lane, were still unsold when Mary Sophia Day unsuccessfully contested the will in Chancery in 1872. They were sold to the Rev. Joseph Hindle, the former owner of the house which Charles Dickens bought at 6 Gadshill Place in 1856, but he died two years later in 1874, whereon his heir, David Burn Hindle, a farmer of WhataWhata, south of Auckland (near Hamilton) in the north island of New Zealand, became the sole owner of these cottages, nine of which Captain Goldsmith had built in the 1850s.
Eleven Cottages, Vicarage Row, School Lane, Higham, Kent, UK
Sold in 1872 from the estate of Captain Edward Goldsmith to the Rev. Joseph Hindle
Screenshot: Google Earth 2021
Addenda
Addenda 1. Video - 360 degree view of the Higham salt marshes, Kent, UK
Virtual tour: 360 degree view of the Higham salt marshes, Kent, UK
Ben Holmes, Google maps, June 2018
Link: https://goo.gl/maps/MB3os3ekYXHxG1QC9
Addenda 2: the marsh at Higham Saltings 1880
Kent Archaeological Society 2017
http://kentarchaeology.org.uk/research/archaeologia-cantiana/
C. Roach Smith.1880.The Shorne Higham and Cliffe Marshes.
Archaeologia Cantiana.13:494-499.(p. 497)
Link: https://kentarchaeology.org.uk/node/9717
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THE SHORNE, HIGHAM, AND CLIFFE MARSHES
BY C. ROACH SMITH.
I WAS on the point of visiting the marshes between Higham and the Thames, in order to ascertain the correctness of Hasted, who describes a Roman causeway there, when the reception of a publication, by Mr. Thomas Kerslake* of Bristol, (in which this causeway is referred to, as evidence of the early state of these marshes,) gave me an additional motive to proceed in my object, without futher delay. I have now paid five visits to the marshes; chiefly in company with Mr. Humphry Wickham, and Mr. John Harris. Once we were joined by Mr. Elaxman Spurrell, who, it appears, has been for some time examining the marshes in relation to their ancient embankments, and the condition of the Thames anterior to, and during, the Roman domination.
Hasted's statement is as follows:—
"Plautius, the Roman General under the Emperor Claudius, in the year of Christ 43, is said to have passed the Eiver Thames from Essex into Kent, near the mouth of it, with his army, in pursuit of the flying Britons, who, being acquainted with the firm and fordable places of it, passed it easily (Dion Cassius, lib. lx.) The place of this passage is, by many, supposed to have been from
_____________________________________________________
* Vestiges of the Supremacy of Mercia in the South of England, during the Eighth Century, by Thomas Kerslake. (Reprinted from the Transactions of the Bristol and Gloucestershire Archaeological Society.) Bristol, 1879.
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East Tilbury, in Essex, across the river to Higham (by Dr. Thorpe, Dr. Plott, and others). Between these places there was a ferry on the river; for many ages after, the usual method of intercourse between the two counties of Kent and Essex, from these parts ; and it continued so till the dissolution of the Abbey here; before which time Higham was likewise the place for shipping and unshipping corn and goods, in great quantities, from this part of the country, to and from London and elsewhere. The probability of this having been a frequented ford or passage, in the time of the Romans, is strengthened by the visible remains of a raised causeway or road, near thirty feet wide, leading from the Thames side through the marshes by Higham southward to this Eidgway above-mentioned (Shorne Ridgway), and thence, across the London highroad on Gad's Hill, to Shorne Ridgway, about half-a-mile beyond, which adjoins the Roman Watling-street road near the entrance into Cobham Park. In the Pleas of the Crown in the 21st year of King Edward I, the Prioress of the nunnery of Higham was found liable to maintain a bridge and causeway, that led from Higham down to the river Thames, in order to give the better and easier passage to such as would ferry from thence into Essex."
Dion Cassius, mentioned by Hasted, is more diffuse on the exploits of Aulus Plautius than would be expected from this reference. The notes of Ward, printed by Horsley in his Britannia Romana, pp. 23 to 25, should be compared with the account given by Dion Cassius. This is highly important, as shewing the extent of marshy, unembanked land on the banks of the Thames, which, known to the Britons, caused the Romans great difficulties and loss of men. It may be safely inferred that both the embankment and the causeway, the object of our visits, were constructed soon after the perfect subjugation of Britain, which followed the invasion under Aulus Plautius and the Emperor Claudius in person.
Following a straight line from the highroad, which leads from Shorne Eidgway to the church at Lower Higham, we crossed a farm yard and a meadow; we
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then came upon an embankment, which we, at first, supposed to be the causeway mentioned by Hasted; but subsequent visits shewed that the two works were perfectly distinct. This embankment is a work of great engineering skill, and must have cost much time and labour. It belongs to, and is portion of, the extensive embankment of the Thames; but, to within a short distance from the river, it forms a grand combination of embankment and causeway, running generally in a straight line where it is possible to do so. Often, however, it deviates; evidently with a view to make available, on the western side, an ancient creek, which throughout has regulated its course. This creek causes turnings which were unavoidable to the constructors, who had decided on making use of it. They probably widened and deepened the creek. On the eastern side runs another creek, also accompanying the embankment throughout its course. This appears to have been cut to help form the raised ground ; while it also forms a land boundary, as does its wider companion on the western side. The base, of this great work, may be computed at about twenty-five feet, at the level of the marsh land; and it rises to the height of twelve to fifteen feet. On the side of the Thames, towards Gravesend, it is fully twenty feet high. Here it diminishes in width, at the top, to about three feet, from about six feet.
This important work branches off, at about half a mile from the Thames, to Cliffe; and, nearly a quarter of a mile onwards, to Gravesend. The Cliffe branch is very winding; and it shews, throughout, how its construction was regulated by local circumstances. It was built to secure from inundation all the better land, leaving to its fate, as not worth reclaiming, the portion
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nearer the Thames. The same was the case with the land on the western side. From the spot where is the divarication from the straight line from Higham, for a very considerable distance, a wide space of ground on the margin of the Thames is unenclosed. It was thought worthless; and over it the high tides have ever flowed and still flow. But the vast tract, of marsh and meadow land, protected by the embankment, has apparently been ever secured from the highest tides. Sheep and cattle graze upon it, in perfect security; it grows no marine plants, such as flourish on the river side; its creeks are full of fresh water plants, and fresh water fish.
Following the embankment to Gravesend, we noticed a very marked causeway, in the marsh, which seemed to point from Higham to a spot not very far from Gravesend.* It was in our endeavour, on a subsequent day, to trace this raised road, nearly thirty feet wide at its base, that we came upon Hasted's causeway. That, which was the immediate object of our search, was so intersected by water courses, cut since its discontinuance as a road, that, in endeavouring to recover it, by a long circuit towards the high ground at Beckly, we approached Higham in a new direction, and came upon the causeway at the upper part, near the village of Higham. It answers Hasted's description; is fully thirty feet wide; and in a pretty straight line, goes direct to the Thames, at a point opposite East Tilbury in Essex. Its elevation is sufficiently high to make it, at all seasons, fit for traffic of all kinds; and, though it be now somewhat out of repair, it bears, in numerous cart and waggon ruts, the marks of use as a highroad at a very recent period. If, instead of passing Higham church, towards the
*VOL. XIII. K K
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marshes, the road on the left be taken, and followed, in front of the houses and past them, the causeway will be found at a short distance. The last of these houses, the "Sun " beershop, bears also the significant name of the "Old Ferry House."
The magnitude, extent, and efficiency of these works, which I have attempted thus briefly to describe, point, I submit, to Roman origin. The absence of all evidence of the period of their construction, in historical or documentary works, tends to testimony in favour of remote antiquity. The notion that the land up to, and beyond, Lower Higham, was subject to submergence in historic times, is refuted by the discovery of Roman burials, in the low ground, opposite the old ferry house. I refer to Archaaologia Cantiana, Vol. XI, p. 113. The newly-made graves, in Higham churchyard, continually disclose fragments of Roman pottery and tiles, contributing to shew that the district was well populated in the Roman epoch.
I have, from evidences such as these, ever felt that there has been by no means such changes, in the low sea-marginal lands, during the historic period, as has been imagined by many.
Mr. Kerslake, in the paper I have referred to in the commencement of my remarks, has brought together many important evidences of the intercourse of Essex with Kent, by the Trajectus between East Tilbury and Higham, from the seventh to the tenth century; and these could, no doubt, be easily added to. He has also collected a large mass of valuable materials respecting the state of the entire district from Higham to Hoo, including the long disputed position of Cloveshoe, where, from the eighth century, so many royal and pontifical Councils were held.
(499)
This he, with some of our best modern authorities, shews to be Cliffe-at-Hoo. He adduces, also, auxiliary evidence in the records of these convocations, to prove that the places designated "Cealchythe" and "Acle," are now represented by "Chalk," and "Oakley,"near Higham.
The importance of these meetings, which were witenagemots, or parliaments, as well as ecclesiastical synods, is shewn in the late J.M. Kemble's Saxons in England, vol. ii., p. 241, et seq. He cites numerous instances, extending, as regards these localities, from the seventh to the tenth century; but this accomplished scholar did not perceive, like Mr. Kerslake, their claims to a Kentish site.
Under the guidance of the Rev. H. E. Lloyd,* we examined the church of Cliffe and its environs, but failed to find any ruins of buildings assignable to the times of the great Councils. The foundation of the long wall, on the north of the church, appears to be of the same date as that edifice, and both contain broken gravestones used as building materials; but they are not, perhaps, above a century or two anterior.
* To Mr. Lloyd we are also indebted for introduction to his interesting Rectory, a well-preserved building of the thirteenth century, and for a hospitable entertainment there.
Addenda 3: Tithes 1881.
George Lake and nephew Robert Lake:
Extracts: A Hand-book of Higham: Or the Curiosities of a Country Parish
C. H. Fielding 1882
Page 3
G. Lake , Esq . , left , by Will , a sum of money towards the endowment of Higham Schools , which produces about £ 12 per annum ; this , with other subscriptions from persons variously interested in the Parish , goes to make up a fund of more than £ 75 a yeur , which maintains a good school in the Parish.
Page 23
St Mary the Virgin (Chalk Church)
In Memory of GEORGE LAKE , late of Oakley , In this parish , Who died 26th February , 1865 , Aged 72 years .
Page 25
To the honour and glory of God and in memory of Geo . Lake , who died Feby . 20 , 1863 , this window was restored and stained glass inserted :
Page 42
They became after this the property of Mr. George Lake , who died at Great Oakley in 1865 , and lies buried in Higham Church . His nephew, Mr. Robert Lake , succeeded him , but in 1881 left the place in the hands of his cousin , Mr. Charles Lake .
Page 65
TABLE VI . RATEPAYERS AND OWNERS OF HIGHAM
1881
James Lake
R. Lake
T. Lake
E. Lake
John Lake
Page 66 cont ...
The executors of Captain Goldsmith were still paying taxes on his Higham property in 1881, principally for Gadshill House on Telegraph Hill which his son Edward Goldsmith jnr inherited on the death of his mother Elizabeth (Day) Goldsmith in 1875. Edward jnr died at Rochester on 8th May 1883, just 46 years old, survived by his wife Sarah Jane (Rivers) Goldsmith who died in 1926. Both were buried with Captain Edward Goldsmith and Elizabeth (Day) Goldsmith in the family grave at St Mary the Virgin Church, Chalk, Kent, UK.
Addenda 4: video of Higham Marshes
View composer David Bowdler's video of the Higham Marshes and St Mary the Virgin Chalk Church where Captain Goldsmith's grave is located.
At Youtube: Video by David Bowdler, a musician and composer from Kent in England.
"A journey across the Higham Marsh to the Church on the Edge.Charles Dickens daughter was married at this Church, St Mary's"
Link: https://www.youtube.com/watch?v=zMpQPTarOhE
RELATED POSTS main weblog
Read more about the Goldsmith family's connections to the locations and characters in Dickens' fiction in these articles:
- Captain Edward Goldsmith's grave at Chalk Church, Kent UK
- Bleak Expectations: Captain Goldsmith's will in Chancery 1871-1922
- The Will of Richard Goldsmith snr (1769-1839)
- Tragedy at Dickens' honeymoon cottage, Goldsmith's Plantation, Chalk, Kent (UK)
- A Christmas Story: Captain Goldsmith, Charles Dickens and the Higham mail box.