Michael D.Heath-Caldwell M.Arch.

Michael Heath-Caldwell M.Arch
Brisbane, Queensland
ph: 0412-78-70-74
alt: m_heath_caldwell@hotmail.com

1890

Stamford Caldwell of Linley Wood - aged 71/72
Anne Marsh-Caldwell (ne Caldwell) - at Eastbury and later Deacons - age 66/67

Commander Leopold G. Heath - aged 40/41

Mary Emma Heath (ne Marsh) - age 31/32

Arthur Raymond Heath - age 3/4

Marianne Emma Heath - age 1/2

Frederick Crofton Heath(-Caldwell) - heir to Linley Wood Hall - age 0

Commander Leopold G. Heath - aged 40/41

Mary Emma Heath (ne Marsh) - age 31/32

Arthur Raymond Heath - age 3/4

Marianne Emma Heath - age 1/2

Frederick Crofton Heath(-Caldwell) - heir to Linley Wood Hall - age 0

Diary of Lady Mary Heath

Correspondence of Anne Marsh-Caldwell and co

Saturday 2 January 1858
Morning Post
Melampus, 42, Capt. L.G. Heath C.B., 1854, Coast Guard Service

File P1010080

Letter to Stamford from.

3 Loundes Street

5th January 1858

My dear Uncle Caldwell,

I intended to have written to you some days ago but someway with the multiplicity of things there are to do, days slip away before one is aware of it.

On Friday last the Buxtons gave a dance and were in terror lest they should be short 7 of dancing men. So we engaged Sir E. Page Turner [Sir Edward Henry Page Turner] and James Brown. The one very rich and at [letch?], the other very handsome, so we were thought to have well done our duty by the dance.

Georgy and Rosamond dance incessantly. I have given up the pastime as more becoming to my years to do so though my feet tingle terribly to be at it when the music is going and it requires some moral courage in me to refuse proffers for dancing.

Lady Trevellyan and her handsome and nice daughter were. Mrs Wodehouse the mother of Lord Wodehouse and Mrs Drummond with her, one handsome and her one plain daughter. Mr Garney [Hoall?] and his wife and sons and daughters very nice people and a good many others besides.

Dr Whenell, the Dr Whenell was there. I never like his looks. He seems so coarse and heavy in his expression.

They say the Princess of Prussia, the mother of Prince William is a most disagreeable woman, and that now things are coming to a point, our poor little Princess is losing heart. Much as she is attached to her affianced. The thing she feels most is that she is no longer to be an Englishwoman, of which title she is uncommonly proud.

It will be the most difficult thing in the world to see the processions. The marriage itself sheerly impossible, as the Chapel...

Continues?

Rev. Dunbar Isadore Heath, aged 41/42, published " The Proverbs of Aphobis, a record of the patriarchal age," 1858.

Diary of Lady Mary Heath

February 1858

Sunday 14th February 1858

Leo went to Church alone and I had prayers to myself. Arty and Marion amused as usual. Leo and I walked as far as Mrs Eden’s or Captain Langs. I felt rather queer, we were frightened. [Pregnant with Frederick]

24th November 1858 [or 24th now I think?]

I think. We finished the evening by reading my Therapia Journal.

Monday 15th February 1858

Leo stayed at home. Children went out and I went with Leo and Arty after luncheon to Southampton shopping etc. Leo busy with O’Byroies[?] engines in the evening.

Tuesday 16th February 1858

Leo to his ship, children out walking. I went out to meet them. After luncheon went out with children and Jane to the Dumbletons. Arty very kindly hearted by Alice and Rosa, robins fed, etc. Came home after a drive round the hills. Leo came home latish. Shewed Arty pictures after tea and early to bed.

Wednesday –

21st February 1858

Frederick Crofton [Heath-Caldwell] born 5 minutes past 12pm, a Sunday child – 22nd Sunday child.

Moved over to Forest Lodge in March.

Enjoy good health, all of us.

Mamma and Georgy, Douglas and Rose Dumbleton stayed with us. Leo went to Cherbourg in “Prension”[?].

In August went to Eastbourne, Leo, I and Arty to meet the Lorings, stayed there a few days.

Wednesday 24 February 1858
London Evening Standard

The Navy

Arrogant, 47, screw, has been commissioned at the Ports- mouth Dockyard, by Captain Leopold G. Heath, C.B., of the Melampus, old 42, sailing frigate. Officers and crew will turn over. The Arrogant has got in her bowsprit and lower masts, with tops over. She is the handiest frigate in the British service, and was the first regularly-built steam frigate designed by the late master shipwright of the Portsmouth Dockyard, John Fincham, Esq. She has seen good service during the Russian war, and Captain Heath may feel proud of the command.

Wednesday 24 February 1858
Globe
Births
Heath - At Mersham House, Bittern, the wife of Captain Heath R.N., C.B., commanding H.M.S. Melampus, of a son.

Thursday 25 February 1858
Saint James's Chronicle
Plymouth, Feb 24.
The Arrogant, 46, screw frigate, the pioneer of the auxiliary screw fleet, is ordered to be given over to Capt. Leopold G. Heath C.B., to do duty as a coast volunteer vessel, in lieu of the Melampus old sailing frigate, which is being towed up from Southampton Water to be dismantled.

Friday 26 February 1858
Evening Mail
The Melampus old 42-gun sailing frigate,Captain Leopold G. Heath C.B., was towed into Portsmouth harbour yesterday from the Southampton water to turn over her officers and crew to the screw frigate Arrogant on the 1st proximo.

Saturday 27 February 1858
Portsmouth Times and Naval Gazette

The Melampus, 42, Captain Heath, arrived on Wednesday afternoon from Southampton, and came into harbour on Thursday to have her crew turned over to the Arrogant, frigate, which is being rapidly got ready to supply her place.

Tuesday 2 March 1858
Sun (London)
The Arrogant, 47, screw frigate, was commissioned yesterday at Portsmouth by Capt. L.G. Heath C.B. of the Melampus sailing frigate, whose officers and crew turn over to the Arrogant for the service of the coast defence.

Tuesday 2 March 1858
Thacker's Overland News for India and the Colonies
The Melampus, 42, Captain L.G. Heath C.B. turns over her officers and crew to the Arrogant on the 1st proximo

Saturday 6 March 1858
Portsmouth Times and Naval Gazette
The Duke of Wellington, 131, screw, was commissioned on Monday by Captain Harry Eyres, and the Arrogant, 46, screw, by Captain Leopold G. Heath. The Duke of Wellington takes the place of the St.Vincent and the Arrogant that of the Melampus.

Saturday 13 March 1858
Hampshire Advertiser
The Arrogant, 47, Captain Heath, C.B.fitting out in the steam basin in this dockyard, has pointed topmasts,&c. and is otherwise fabourably progressing towards the completion of her outfit. The Melampus, old sailing 42, is dismantling at Shearness to be placed in ordinary.

Saturday 13 March 1858
Portsmouth Times & Naval Gazette

The Arrogant, 46, screw, Captain Heath, has her topmast on end, and topmasts rigging on.

Saturday 20 March 1858
Hampshire Advertiser

The Arrogant, 47, Captain Heath, C.B. will be ready to leave the steam basin about the end of the month.

Baptisms solemnized in the Parish of Bittern in the County of Southampton in the year 1858
When Baptised - 20th March 1858
Childs Christian Name - Frederick Crofton
Parents Names, Christian, Surname - Leopold George Heath, Mary Emma Heath
Abode - Bittern
Profession - Captain, R.N.
Baptism Ceremony Performby by Edgar Silver
I write the above to be a correct copy of the Register of Baptism of Frederick Crofton Heath
Henry (stamp in way)
Vicar of Bittern.

Saturday 27 March 1858
West Surrey Times

POACHING AT DORKING.
Thomas Briggs and Henry Kilchenside, alias Ikey Palmer, were charge with having unlawfully entered certain lands in the occupation of Leopold Heath, accompanied with other persons armed with guns and bludgeons for the purpose of taking and destroying game by night, on the 5th of December.
Mr Robinson for the prosecution, Mr. Chamock for the prisoner Briggs, and Mr. Thompson for the prisoner Kitchenside.

Henry Carter said he was bailiff to Captain Heath, who was the owner Anstie park, Dorking. On Saturday the 5th December between 11 and 12 o'clock at night he went to the Spring Coppice, when he got there he found Mark Hill, James Hill, and Grantham. They waited about for hour and heard the pheasants fly. They saw five men coming up the copse - some in the road, and some in the copse—the road runs through the copse. One of those men was Briggs, the other four I don’t know, they (witness' company) ran in amongst the defendants, and some one said stand to one side, or I’ll blow your b---- brains out." Briggs pointed his gun at witness' body, and asked what he was going do. Said he was going to do nothing as the party was too strong.

James Hill corroborated the last witness's evidence, but could not positively swear to either prisoner.
George Grantham, a labourer Anstie farm, corroborated, and swore positively to the two prisoners, as did also Mark Hill.

P.C. Weller, Surrey Constabulary, stated that Thursday the 10th inst. he went to Briggs and asked him where was the night of the 5th. He said it did not suit his purpose tell him—took him custody.
Subsequently went man named Coslon and took him, but the witnesses could not swear to him before the magistrates, and he was consequently discharge.

The advocates for the prisoners then addressed the jury, their defence being mistaken identity.
Mr. Chamock called.

James Briggs, father to the prisoner Briggs, who stated that he (the prisoner) was a married man, with threre children. On the evening in question, his son came home at half-past ten o'clock and went to bed, he slept in next room to that occupied by prisoner ; the partition was very thin; could swear that the prisoner could not get out.

John Trusler, late master builder, said he was the Buckland beer houuse, where he heard Carter say, he thought he should know the men who were the wood if he could see them. Mr. Robinson having replied
His Lordship carefully summed up the evidence, and the jury returned verdict guilty against the prisoners. Briggs had been there twice before convicted, and was therefore sentenced eighteen months with hard labour, and Kitchenside to twelve months

Friday 2 April 1858
Sun (London)

The Arrogant, 47, Captain Heath C.B., is ready for trial of her engines, &c., at Portsmouth

Tuesday 6 April 1858
Sussex Advertiser.

Night Poaching at Dorking.
Thomas Briggs, 30, labourer, and Frederick Kitchenside, alias Iley Palmer, 30, labourer, were severally charged with unlawfully entering upon certain land, in the occupation of Leopold George Heath, at Dorking, accompanied by other persons armed with guns and bludgeons, for the purpose of taking and destroying game by night, on the 5th Dec. 1857.
- - -
The Jury, after a short consultation, returned a verdict of guilty against both prisoners. His Lordship, in passing sentence, told the prisoners that if the threat made to Mr Carter had been attempted to be carried into execution, he should have sentenced them to penal servitude, as it was he should sentence Briggs to 18 months' and Palmer to 12 months imprisonment with hard labour.

Friday 16 April 1858
Evening Mail.
- - She was followed by the Arrogant, 47, Captain Heath C.B., which went out to try her machinery and speed, and afterwards returned to harbour.

Saturday 17 April 1858
Morning Herald (London)
Arrogant, 47, screw, Captain George Leopold Heath C.B., worked very well, and has taken up the guard ship's moorings on the Gosport side of Portsmouth Harbour. She will leave in a few days for the Southampton Waters.

Saturday 17 April 1858
Daily News (London)
Portsmouth - April 16
Arrogant, 47, screw, Captain George Leopold Heath C.B., having proved the soundness of her boilers and machinery yesterday, at Spithead, returned into harbour in the afternoon, and was placed alongside the Belvedere hulk.

Monday 19 April 1858
Belfast Mercury
Arrogant, 47, screw, Captain George Leopold Heath C.B., having proved the soundness of her boilers and machinery yesterday at Spithead, returned into harbour in the afternoon, and was placed alongside the Belvidere hulk.

Friday 23 April 1858
Morning Herald (London)

Arrogant, 47, screw frigate, Captain Heath C.B., at Portsmouth, is taking in her guns, stores, and provisions, preparatory to taking her station in the coast-guard service, between Folkestone and Southampton.

Saturday 24 April 1858
Portsmouth Times & Naval Gazette

The Arrogant, 46, screw, Captain Heath, is expected to sail about the end of next week, for Southampton

Sunday 25 April 1858
Bell's Life of London & Sporting Chronicle

The Arrogant, 47, Captain Heath C.B., is taking in her guns, stores, and provisions, preparatory to taking her station in the Coast-Guard service between Folkestone and Southampton.

Wednesday 28 April 1858
Sun (London)

The Arrogant, 44, Captain Heath C.B., will be swung at harbour moorings for the adjustment of her compasses, preparatory to being reported ready to proceed to her cruising ground, from Folkestone to Southampton.

Saturday 1 May 1858
Hampshire Advertiser

The Arrogant, 47, Captain Heath, C.B. was swung at her moorings in this harbour on Wednesday, for the adjustment of her compases. She will proceed next week to her cruising ground, which comprises the coast between Folkestone and Southampton. She went to Spithead yesterday and anchored.

Friday 12 June 1858
Carlisle Journal
The Works of Francis Bacon, Baron of Verulam, Viscount St.Albans, and Lord High Chancellor of England. Collected and Edited by James Spedding M.A., of Trinity College, Cambridge; Robert Leslie Ellis M.A., late Fellow of Trinity College, Cambridge; and Douglas Denon Heath, Barrister-at-Law, late Fellow of Trinity College, Cambridge, London: 1857
We rejoice that the University and College of Francis Bacon have exalted themselves by this new edition of his works, and not the less that one of the accomplished editors belongs to Cumberland.

From Deacons

Near Dorking

18th June 1858

My dearest Stamford,

I have been long wishing to answer your silence, by a chatty letter such as I think you like. But I have been really very ill with a low fever, from inspecting with some workmen a bad drain, being alas! Master as well as Mistress and the matter being too important to the health of my little party here to be left without supervision to workmen and servants.

Well, it took a [furrie?] form of gathering round the outside of my throat, had it not luckily come outside owing, I believe, to my applying the new method of a wet cambrick cover with oilskin for the sore throat.

I felt directly after smelling the drain, it might have been a serious affair. My medical man told Fanny I had had a good escape of a very bad illness. The fever as it was held me three weeks during which I could do nothing. And I have got well slowly under [Bark and vitriol?]

The gatherings still coming from home to home to shew the poison has not quite exterminated itself[?].

Clara who you may remember, who was with us at our last happy happy visit to the dear old Linley Wood, and who you pleased me by thinking such a nice servant, had her work room near the place and before we were the least aware of the evil, her throat was covered with emissions and she felt very poorly saying “don’t care what become of me.”

The rest thank God with due precaution have all escaped. This is such a little cabin that we can scarcely squeeze into it so it is necessary to make a few additions during which the drainage will be made as it ought to be.

In other respects it seems a very healthy little place and commands a view which I can only compare to yours, for we have the Weald of Saper in place of your plain of Cheshire. And the South Downs in place of your [Scotfactors?] but there the comparison fails. No lovely tiers of Welsh Hills rising one behind another. No Swallowmore and no Prospect Bank. But a nice range of healthy hills to the North which shelter us from the wind and extend upon one side to Leith Hill.

And the slope of which is Jos Wedgwood’s house as the crow flies about a couple of miles. By the only access road about 5 miles off.

You may guess what a comfort it is to me thus to be by the chances of life thrown so near, two such long valued friends as Jos and Caroline [Wedgwood].

About two miles further of is Captain Heath’s Moorhurst, but he and Mary will be so little there that we shall not, I fear, be much the better for that.

This place of ours is the most unadmired[?] little possession you ever saw. Only a few shrubberies and a mite of a kitchen garden, a stable built of plank and not even a pig stye or cowshed or a bit of wall to plant an apricot tree against. Rather a change from dear Eastbury with all its nice provisions of this sort but it is astonishing how soon with fresh air and a fine view one gets reconciled to other deficiencies.

Enough of this. Adelaide has been staying with us three weeks, occupying Louisa’s room who, as you already know, is at Devonport. She left us this day week, returning home by London to see Dr Watson.

As Henry [Loring] wished to have a quite new opinion. So it was arranged with Sir Henry [Holland] that Dr Watson should see her first alone, and then Sir Henry and he have a consultation upon the case and Henry was to go up last Monday to meet them.

The Post between us and Cobham is so tedious that it was not till yesterday that I got the report too [like?] to write, so I waited to write to you till today knowing how much you would wish to hear it. Dr Watson examined her most carefully with the stethoscope. His opinion coincides with that of Sir Henry, and Mr Webber her medicine man at Cobham.

The lungs are not in the least affected (I believe we Caldwells are freer from consumption than almost any family in the world) The pain in her side and cough arise from irritation or probably a slight latent inflammation to the Pleura, symptoms it is very difficult to get rid of after a severe attack of. The weakness is the consequence of these ailments.

Still very weak she is, and the cough and pain at the side most distressing. But one cannot be too grateful that the fearful consumption is at present not there. She seemed much better for being here. The petting, the impossibility of exerting herself, and the change of air, certainly did good.

But you would be shocked as I was to see her slowly and feebly climbing even the short stairs of this small house. And to hear that horrid cough morning and evening, and see her under an attack of pain in the side.

Continues?...

Wednesday 14 July 1858
Daily News (London)

The Arrogant, 47, screw-frigate, Captain Leopold Heath, arrived at St.Helen's yesterday afternoon from Southampton.

Saturday 17 July 1858
Hampshire Telegraph

The Arrogant, 46, screw, Captain Heath, passed through Spithead on Monday, and anchored at St.Helen's, from Southampton, for the purpose of exercising her crew in firing shot at a mark. She saluted the flag of the Commander-in-Chief on passing through. The Arrogant returned on Thursday to Southampton, accompanied by the Leveret, gun-boat.

Saturday 17 July 1858
Atlas

Orders have been promulgated by the Lords of the Admiralty on the command of the Queen, for the assembling of a squadron forthwith at Portsmouth to attend her Majesty to Cherbourg on her forthcoming visit to the Emperor and Empress of the French at that great naval rendezvous. This squadron will consist of six sail of the line, six frigates, and a flotilla of the Queen's and the Admiral's steam yachts, comprising the following, - - - the Arrogant, 47, Captain Heath C.B., - - -

Letter from Deacons 1857-58

July 27th.

Here we are still my dear Uncle Caldwell and as far as we know no further advanced in the building of our house than we were in April. However, one must not complain as no doubt, all things are well ordered, and the bricklayer, of whom there are many think if it has begun directly it might still be finished this Autumn. Or at least before Winter.

My mother has been for the last 10 days with the Heaths and she writes us word, I am glad to say, that the air and boating on Southampton Water has done her much good.

The last note she wrote in a hurry as she was joining with Leo and Mary to Spithead, that they might call on Lord Lyons. But I am afraid he went on leave that very day and so they would miss him.

We know no more than was in the papers whether the Arrogant is or is not to be one of the ships for the guard of Honour. I hope so, for one should like Leo to be there. As they say, nothing so splendid will have been seen since the Cloth of Gold I heard from Aunt Anne from Paris yesterday (who by the way, desired me to give you her kind remembrance if you had not forgotten her).

She says that such crowds of people are going to Cherbourg that she thinks it impossible they can all find shelter. I should like to have seen it very much. It would have been very nice if Leo could have taken one or two of us with him.

I daresay Fanny has told you that the Queen is expected to visit Alderney, when, of course, Richard will have to do the honours of the fortifications and we here are hoping he may attract her majestys attention as he did that of the Sultan. It is very pleasant.

Page 2 but wrong letter?.

Continues ...

... wishes him to go on reading law till he is called to the bar, that he may be the better fitted for a country magistrate and see a little more of men and life before he settles down to hunting, shooting and becoming so early in life a man out of the whirl of life. All this we all here agree in thinking very wise in Mr Greenwood and he selfishly speaking, we shall be delighted to have two such quiet friends near us for two years.

Georgey heard from Aunt Anne [Madame Gabiou] the other day who gives a doleful account of the prospects of France. The Reds she says are spreading and nobody knows what to dread or what to expect and such is the uncertainty and terror of what may occur that [Mat?] Aunt Amelia [Amelia Marsh 1788-1861] has written to say that she thinks it could be much better that my cousin Annie [Anne Bergeron?] she be sent over to her in the course of the winter as flight would be so much easier for two together than with the addition of a third.

A letter from Uncle George [George Marsh 1790-1868] at the Cape dated from Mossul Bay where he is now Resident September last [appointed 1849], the 24th gives not a very cheering account of affairs there.

He says Our affairs on the frontier look to be very gloomy and all society within the Colony especially about Cape Town is in an uncomfortable and disjointed state. Double the number of British Troops to those now here and that are known to be on their way, will in my opinion be needed, aided by a [leve?] en masse of the Colonists before the war can be brought to a successful termination, and such arrangements enforced as will ensure a lasting peace to the Colony by exterminating the power of the Kaffir and other Tribes so effectually as to.. continues?

Letter from Louisa[?] at Deacons, to Stamford

My dear Uncle Caldwell,

3rd August [1856-8]

At last we seem in a fair way to have our house again as Mr Hawkins [Major Rohde Hawkins Architect] came here with the builder last Wednesday who said he could easily carry out the plans and now has only to send in his estimate, which I only hope may not be double the sum my mother thinks prudent to spend or we shall have all to begin over again!

Mr Hawkins brought a plan of the elevation with him. There is not the slightest artistic beauty about it certainly but it looks solid and comfortable.

I am afraid you will never come so far south as to see us here dear Uncle Caldwell. I wish you could see our new resting place on this great journey. It will be a very charming one, I think, and we are very grateful for it.

On Sunday and yesterday I got my mother to the top of the hills for the first time of which I was very proud. And she enjoyed the delicious air very much, though she had to rest very often in her journey. She compares the view often to the one at Linley Wood of which she professes to miss many striking features.

Yesterday we took up a great glass with us and so had the delight of beholding the beloved sea through Shoreham Gap, and at the moment a two masted ship was sailing by, with all sails set, and all brown but one white one. You would have laughed to see the childish delight this gave us all, and I am afraid would have despised your woman kind.

My mother came back from the Heaths last Wednesday so very much the better for the change of air, quite strong again. As you will believe when I tell you she was up from after 6 and reached this between 2 and 3, was busy with Mr Hawkins and visitors and entertained Charlotte Holland in the evening.

She had had no orders to attend the Queen, and Rose [Posy] who has been staying with the Buxtons for a few days reports that Sir Henry Holland said the real reason why Ministers changed their minds about sending the Guard of Honour with her was that there...

Letter continues?

PB 1010142 - 1858?

Part of letter could be Anne, maybe to Stamford.

Continues..

I daresay I shall hear more from my friends and will let you know. She believes in it but thinks it is forbidden.

Is it not deeply interesting the beginning of the religious reform and battle. What do the High Church friends say of Dollingers Enlopium [Ignaz von Dollinger] on Luther? I think this year will be a mighty year, with such a man as Bismark to lead the defence. One feels sure that the Victory will be on the right

continues, letter cut in half?

Other side, continues...

shall try and pick up some science crumbs for Mr Corbet. They say now Mr Darwin [Charles Darwin – Origin of Species July 1858] has not recanted. I suppose his new book will shew.

Did I ever tell you that the Queen was so overcome by the first [cheer?] that she burst into tears and they were still rolling down her cheeks when her smiles and bows came. Now good bye dear, best love to all.

12th August 1858

From Deacons.

My dearest Stamford,

I feel rather shy of writing to you for I never can feel sure whether you think your poor Anne’s letters worth reading or not. And yet I think I remember your once sending me word that, notwithstanding your younger and more lively correspondents you liked at times to hear from me. And it is a pleasure to me.

It is so great a pleasure to have even this communication, with the last of our house. The last of that family which is one’s own. And which nothing else can ever be like to me.

I think often and often of you sitting at luncheon or at dinner chatting so pleasantly away. Or of those pleasant evenings when your talk was so well worth hearing.

Rose says, and I think with some truth that men in their generation seem not to have their minds enriched and cultivated as it was in yours. And I think there is a good deal of truth in this.

In some respects the generation which now holds the world greatly exceeds our which is now loosing hold of it (have I spelt the word right or ought it be loosing). But I think we cultivated our minds more than they have done. Were better arguments with the great masters of the world.

How you loved your Horace. How often I have heard you speak of him with enthusiasm. How my father’s evening reading made us love Shakespeare and Milton. And Homer and Virgil through Pope [Posse?] and Pill only it is true but we knew them.

This remark was suggested to R by Lord Abinger shewing us his pines and point out one, the Pinus Laracina I think it was, as the one under which Achilles used to sit and watch his horses feeding. I don’t know where this was from. But is shows R as an elegance of allusion which she should not find among the men of her line. (Page 2)

Now I see you laughing both at her and me, for being so easily pleased.

I think we shall have a pleasant neighbourhood here. The Wedgwoods are a great pleasure. Jos is much aged but has still his sweet intelligent smile and gentle manners. He has got a very pretty property, upon the slope of Leith Hill. I should imagine 3 or 4 hundred acres, and as this county is all redeemed from the forest or the woods he has a good deal of copse wood and some very fine trees about the house.

On Tuesday Mr Justice and Lady Williams walked over from Fanhurst[?], their place, to call upon us. She was a Bagot I believe. I don’t know whether you know her. She is a charming person, has been very handsome and was I understand, the gayest of the gay. But the loss of her three daughters she had has quite driven all that away. It half broke her heart, but though glum, she is still charming.

He is of a blunter and less polished appearance but proves to be very pleasant. He startled me by enquiring after you. And then went on to speak of you as a very old and valued friend. Enquired whether you lived entirely at your place Linley Wood and all sorts of particulars about your health &c. I told him you were a sad hermit, and so fond of your place there was no getting you away from it. But that you had many neighbours to whom you were much attached, and especially happy in the view of your [large passed?] who was a Wilbraham and a man you greatly esteemed.

Lady Williams then put in to say she knew the Wilbrahams well, and spoke most highly of them.

Frank by the by has married a Miss [Bernard?] a young lady with whom through Sir William Reid’s family, we made acquaintance when we were at Richmond last November.

Sir W. Reid was Governor of Malta when Georgy was there. And she formed a great friendship with his daughters, very nice girls. (Page 3)

To return to Mr Justice Williams, he begged me particularly to send his kindest remembrances to you when I wrote. Which I assured him I would and added that I was sure it would give you much pleasure to hear of him.

Caroline Gifford once, now Caroline Sapte is within four miles of us. Her husband being Rector of Cranley. This is a good pleasure to the girls and throws them in to close communication through the Saptes with their old friends again.

Now for Leo and his wife. I had a most pleasant visit there. They have let their house at Moorhurst and have taken Forest Lodge, a very pretty place of about 30 acres close upon Sharpton Water and commanding from the gardens a view of the beautiful “Arrogant.” Reckoned one of the most beautiful frigates in the Navy. And to which Leo used to signal from the flag staff he had erected in his garden.

He has five revenue callers and a gunboat with two big guns upon it under his command, besides his beloved ‘Arrogant.” He was so kind and affectionate and they exerted themselves in every way to amuse and make me happy. I enjoyed the boating and sailing excessively. One day we sailed in one of his Cutters to Spithead to call upon Lord Lyons. He had, however, lowered his flag and gone ashore, so Mary and I sailed round his “Royal Albert” and saw the “Renown” and the “Caesar,” 120 – 191 – 191 Roay, A, a three decker, the others 2 deckers, which Leo went on board the “Diadem” frigate to call upon Captain Morrison.

There were two other frigates, the [Nacon, Racon?] and the [Ewayalal?] A find day, a blue sky and deep blue sea. The opposite shore of the Isle of Wight, Cowes and Ryde. The distant Hampshire hills, a soft breeze, just rippling the water. It was delicious.

Leo came back with his hands full of pamphlets upon manning the Navy. The great topic as you may be sure among the Naval men about there. Everyone has his recipe, Leo his among the rest. His is a good swapping bounty. When you want to man your ships, which saves the expense of keeping a number of men in pay when you don’t want them. And he will answer for it will (page 4) bring as many as they want in no time.

These merchant sailors are not capable of manning the guns till a few months practice but Leo says with two thirds experienced sailors he could do very well with one third novices.

I dare say Louisa has told you that she met Lord Lyons at Government House. And how kindly he spoke of our loved Martin. Another day we had a fete on board the “Arrogant,” given by the Captain and officers of the ship to about 120 ladies and gentlemen. The ship dressed out with flags, the main deck separated by a wall into two parts. One side for dancing, the other for two immensely long tables covered with the ‘delicacies of the season.” Leo presiding at one, his first Lieutenant, Mr Smith, at the other.

After dinner the sailors danced hornpipes and then sang songs with choruses, one in celebration of Nelson, “who died for England’s fame,” another of Miss Nightingale, “who thought a poor soldier had a soul to be saved,” and which ended with, “ so lets honour women and never against them sail.” “And they will all prove a comfort like Miss Nightingale.”

Rather indulging in [pochene-luierse?] this last, I fear. The song was evidently the composition of some rude nautical muse. I heard a gentleman behind me say, “This is true fame,” and I agreed with him.

The day before I returned home my dear Adelaide [1828-1859] came to Southampton on her way to the sea, stopping at Radletts Hotel, the great one for travelers at Southampton. I thought her looking not so well as when she left us after her three weeks visit at Deacons, which did her, I believe, much good.

Mary was shocked to see her so thin, and her cough so bad. But Henry sent me yesterday a much better account of her. They were disappointed at getting lodgings in Swanage, so went to the Isle of Wight, where they still are. But I am not satisfied about her, and intend to go down to join them next week and stay two or three days, to judge how she is really going on.

And now my dear kind Stamford I must thank you, which I do from my heart for your generous kindness to these two dear households. It is such a relief to my pretty Ady. To feel that your generous thought diminishes some of the pressure her state of health occasions. As for that excellent Richard whom I cannot approve or esteem too much, as I am sure you would say, …[another page?]

[Top of page one] No doubt they have apprised you of Harry’s engagement. Nothing could be better. Margaret Trevallyan is everything one could wish.

Part of letter to Stamford from Deacons, from AMC or Louisa? Not Posy.

1856-8

Continues.. were not men enough to man the ships. The men in Authority seem really disturbed about France and not the least knowing what is coming next. There was a Council of the Chief Military authorities lately and they declared that they could assemble 30,000 men at a very short notice and with them could undertake to prevent the French getting into London if they could be sure the town would not get into a panic.

Perhaps to all our alarms about a French invasion you will answer as my mother did me, My dear, I have been hearing that the French are coming as long as I can remember, and they have never come and I can't believe they will now.

I heard from Richard on Sunday. He mentioned your handsome present and I do not think dear Uncle Caldwell you could have made it at a better time. As it seems just to have floated them out of all the expenses of their move and settlement.

He was commanding last month in the Channel Islands as Colonel Elliot is away. I hope he will not come back today to receive her Majesty who is expected, though it is not known whether she will land.

One should like Richard to be the first person on this occasion as he will be if Colonel Elliot still stays away. Richard hoped to have got to Cherbourg but his friend Colonel Wodehouse wrote to him to [try, say?] him not to ask for leave as the Queen was coming and to their great disappointment all the other officers who had done so have been refused.

He says he must not ask him whether the new [fubs?] at Alderney are well placed or no.

Rose heard a curious thing at the Buxtons, that [continues from other side] the eldest son of Lord Hanley of Alderney, who has long been resident in France is become a Mahomadan and intends building Mosques in England. He went to Mrs [Monckton?] Milnes the other day and said there were 30 or 40 more ready to join him and that he expected her husband to do the same, as he knew that he was quite willing to do so.

Dont you think he must be mad. But they say he is not the least so. My mother saw the Lorings at South... continues?

Letter from Leopold Heath to AMC.

Forest Lodge

21st August 1858[?]

My dear mother,

Of course I never read Mary’s letters. I mean those which are addressed to her. Oh no never, but still I have somehow heard that you are disappointed at not having been told all about Cherbourg, or rather as much about it as I have to say, and so before the subject gets quite stale and worn out I will give you an account of the impressions left on my mind by my visit.

My voyage was made on board the [HMS] “Renown” whose Captain (Forbes) is an old friend of mine. He had also as guests his own brother Colonel Forbes and a retired Admiral Crosier, both very pleasant fellows.

Our passage was a fine one and we reached Cape la Hague several hours before the Queen did, she passed through our two lines and accommodating the speed of the yacht to the slower movement of her line of Battle Ships led us in very pretty style into Cherbourg where every preparation had been made by laying down moorings &c for us.

I hardly like repeating so late in the day what every body has read in the newspapers how the Emperor and Empress went off at a [once, mn?] to visit Her Majesty and how loud and how expressive the salutes were too, but I will try and confine myself to anecdotes which I have not seen in print and to my professional impressions.

Fleet at Cherbourg.

There was one delicate attention paid to Louis Napoleon which has not been published. The Hon. Major Fitzmaurice has a patent light, very strong and intense, he with his apparatus was a passenger on board the Frigate [HMS] “Diadem” and by means of a reflector, moveable on jumbles behind his light, he so managed as to keep L.N’s barge in the focus of the reflector and thus to light him all the way to shore.

The next night displays of fireworks were [page 2] very beautiful. The French gave a display which I took to be a representation of a battle fought by the central fort on the breakwater. It began with single rockets fired indiscriminately without any apparent plan. This was the firing of its guns in defence, then came a red light with volumes of smoke and occasional explosions. This no doubt meant the fort on fire and then came on the finale, its blowing up represented by a circumventing volley of rockets with a great eruption of [peaks, flares?] of fire, but the prettiest thing done in the fire work line was by our own Royal Yacht.

When the Emperor, who had gallantly seen his guest safe to her home after dining with him in the Bretagne, left the [HM] “Victoria and Albert” there suddenly appeared an even and unbroken line of lights along the whole of her length, one third of the line was red, one third white, and the other third blue. It was an unmistakable French Ensign, and when these lights were put out (which was done quite suddenly) there was an instantaneous volley of the most beautiful red, white, blue rockets I ever saw.

Captain Forbes was a guest at the dinner on board the Bretagne, he reported it a bad specimen of French cookery and it would appear that the Emperor had not originally intended to provide for so many guests, for although gold plate abounded at the centre of the table, it became mixed with silver as you got half way down towards the ends of the table, and pure silver, if not electrolyte at the ends themselves. Forbes said he saw a painted dinner plate before the guest who sat two above him, he himself had one tolerably pretty in pattern whilst 2 below him again he saw something very like common ware.

The French mismanaged the entrée to the dockyard on the first day most egregiously for whilst those who having landed at and examined the town worked their way up to the Dockyard and found themselves whatever their rank refused admission. Those who by accident landed at the dockyard to begin with were allowed to wander all over it at their own sweet will. I was of these latter.

I went in uniform and discarding such paltry adornments as Order of the Bath &c I came out with the decoration of the Legion of Honour, that simple, and found it a capital passport not only for myself but also for any plain coated companion the CV and the Retired Admiral.

We were close to the Empress and the Queen &c when they got into a carriage on landing. The Empress has a very sweet countenance with soft blue eyes, the Emperor did not seem to me more aged than was fairly due to the 10 years it is since I was honoured with a shake of his hand at a ball in Paris when he was President.

There was a crowd round the carriages and on its dispersion a French Officer came up and said he saw I was his colleague, would I allow him to escort us round the dockyard which he accordingly did, and we saw everything.

Cherbourg is as he remarked to me, ‘le coups sans l’ame.’ There are basins without ships, storehouses without stores, and workshops without tools. The basins are very splendid but when Sir Baldwin Walker shewed a plan of Cherbourg and places on it and just cover it with the plans drawn on the same scale of our 5 dockyards he forgets to point out the splendidly wide streets and open places in Cherbourg and to contract them with the every-bit-made-use-of nature of our yards.

It is a great mistake to suppose that this grand inauguration of Cherbourg is the inauguration of the completion of the military port, it is only one more step in advance. Cherbourg has for many years possessed 2 fine basins, a third has now been added but there are only the natural complements to this breakwater. From the day when that wonderful work was begun until now the Military Port has been in course of formation and I cannot understand why we should make such a desperate fuss about the completion of this one particular portion of that which will not for some years yet be a complete whole.

I reckoned roughly that 24 line of battle ships could be placed alongside the wharves of the 3 basins but I cannot give you any figures by which to make a comparison with our own yards in that respect. Some of their 9 ships where old fashioned and some were handsome but the “Renown” was to my mind the handsomest and finest 2-decker there.

You have most likely read how the active English ran up to the trucks when meaning years and how the heavier French sailors remained content with ascending as high only as the crosstrees. The fact is true but it proves nothing more than that such is the English fashion of today for manning yards and such, the French fashion. The French sailors only did as they were told.

And now I must finish or I shall be beginning a fifth sheet and I think as it is your first offence you will have been sufficiently punished by having to read these 4 for having complained of [receivings?] omissions.

We have offered ourselves for 3 or 4 days at Eastbourne next week and at Kitlands from Sept 6th.

Goodbye my dear Mother,

Your affectionate son

L.G. Heath.

Diary of Lady Mary Heath

September 1858

Leo and I went to Kitlands and stayed till the 11th. Came home and then he and I went to Paris for 8 days.

October 1858

Dined and called at the Drummonds, Herveys, Hobarts, Crawford’s, Jenkinsons.

Monday 10th October 1858

Leo went away early to Hastings and visits Bognor and Brighton division and I went to see Mrs Warne and [House, Hosce?] Mrs Miller called to sell monkey skins for the Bissets. After luncheon I drove to Jenkinsons with 3 children. Arty in sailor’s dress. Called afterwards at Cadland. Mr Victor went to fetch Arty, he not very good.

Tuesday 12th October 1858

Fine day. Accounts and then went with Arty to meet the babies. After luncheon went to call on Hobarts. Baby with me. Afterwards to Mrs B. Drummond, at home. Children (Arty and Marion) went on “Roughland” [“Rough sand”] ? Read Longfellow, Courtship of Miles Standish and Leo’s Borneo and Hong Kong letters.

Wednesday 13th October 1858

Rainy and cold. Stayed in all the morning, read paper. After luncheon Arty, Puss and I went a walk over the common. Puss much tired but amused. Leo came home at ½ past 6 to dinner, talked and worked in the evening. Warm afternoon.

Thursday 14th October 1858

Leo to his ship calling on Mr Collins on his way. Chicks out. Arty at the farm. Fred and Puss in perambulator. After luncheon went out in the carriage with children 3. Called on Mrs Collins and Emington. Former at home. Captain Cook and Hawaii Islands read by Leo and I in the evening preparatory to lecture.

Friday 15th October 1858

Leo to his ship. Arty and I to lunch at the Jenkinsons. Came home and walked about in the garden with children. Leo came home late having been to Southampton. Looked out for the Comet in rain. [Comet Donati]

Leo danced with his children to the sound of a jig. Read newspapers and Hawaii in the evening.

Saturday 16th October 1858

Children out as usual after luncheon. Leo and I to Southampton shopping and children on “Rough Land.” Leo read his newspaper and I Reine des D.M. in the evening.

Sunday 17th October 1858

Leo and I to Church on board “Arrogant.” Met Mr Smith and [Cpt Apt?] Surgeon. Home, and walked after dinner with Leo and his boy on Beaulieu Heath. We read “Social Sciene” speeches of Lord John and others. Mr Caine on various subjects. Christian Year. [Lgon?] German and Bible. Read Arty the plagues of Egypt, he was much interested. Puss played pranks with her father.

Monday 18th October 1858

Arty’s birthday, 4 years old. Leo to his ship early, expecting to meet Commodore Eden on board “Argus.” Little Collins came to play with Arty, A November day. After luncheon Leo and I took little Collins back and called on Mr and Mrs Barnes, out. Evening Leo read French novel and I “Reine des DM.” Told stories to Arty.

Tuesday 19th October 1858

Pouring wet day and N.E. wind. All stayed within. Leo signalized to his ship, in vain. Coxwain came with letters. I altered daguerreotypes. Arty painted. Leo wrote letters. After luncheon Fred and Puss joined us. Read “Willy” to Arty, Puss played alone. Harrisons arrived to stay. Leo and I dined at the Herveys, met Gibsons and Jenkinsons.

Wednesday 20th October 1858

Leo and James went to their ship. Julia and I talked. After luncheon Julia, Arty and I drove to Beaulieu. James and Leo walked to a sale. Quiet evening. Leo busy with his map from Cooks lecture. James with his lunar theory. Julia and I working.

Thursday 21st October 1858

Leo, James and Julia to “Arrogant.” Arty said his 10 minute lessons. Luncheon and then Leo and I and the Harrisons went to Southampton. I met the Miss Wigstons. Home. Julia and I slept! James moon’ed and Leo mapped.

Friday 22nd October 1858

Leo to his ship and Arty had his lessons. Julia painted and James wrote etc. Walked about after luncheon. Lady E. Drummond called. The Gibsons and Misses Smith and [Areuga?] dined with us.

Saturday 23rd October 1858

Morning as before. Leo drove Julia and me to call on Mrs Hervey, out. Driving evening, reading and writing.

Sunday 24th October 1858

Leo to his ship, found us afterwards for HC at Fawley. Leo and I walked up and down with Puss and Arty and picked up acorns. Julia walked alone. No reading with Leo.

Monday 25th October 1858

Leo did not go to his ship, wrote letters at home. Mr Winthrop and his dog Duke called and also Captain Crawford. Arty went to Cadland with his maid to see the Lady Lumleys. Leo, James, Julia and self drove to Beaulieu and walked about the remains of the Abbey and drove home through the wood belonging to the Duke of Buccleuch. Evening reading and writing and small talk.

Tuesday 26th October 1858

Leo to his ship, we all stayed at home. Harrisons and Julia dined out to meet the Bishop of Winchester at the Gibsons.

Wednesday 27th October 1858

Leo to his ship, the Harrisons went to Southampton. Brought Matt, James back, dined with Mr Jessop.

Thursday 28th October 1858

Rained hard. Leo to his ship, we other stayed within. In the evening Admiral and Miss Jenkinson. Captain Crawford and Dr Loney and Mr Kelly dined.

Friday 29th October 1858

The Harrisons left. Arty and I went down to Hythe with them.

Saturday 30th October 1858

Leo to his ship. I drove out with all the children. Called on Gibsons.

Sunday 31st October 1858

Leo to his ship. I did not go to Church. Face ache.

Letter enclose in previous envelop?

Letterhead Eastbury

1858 as John Loring is 4.

Probably Anne to Stamford, pages numbered wrongly.

Croftons came back on January 15th 1859, the following year.

Page 3 but does not seem to continue from last, but same paper and handwriting.

I do not find that these Drs have presented any remedies. I know Sir Henry thinks it a case for kitchen physic, and time. Yet one wishes something could be thought of to hasten the effects of time, for it is wearisome work to be so long long ill and to a wife and mother of a family, most trying. She is sweetness and patience itself and so grateful for the kindness of her friends. And so dear and so pretty. And such a loving, tender little wife and such a dear good mother.

During her stay we had two happy [inroads?] from Cobham. The first I treated Duke and Amy to a Fly, and they were to invite their father and mother to be of the party, and Uncle Henry and little Johnny Loring. Dont grieve for the horses, I ordered them to take a pair to make the happiness complete.

You should have seen them climb up, all outside, Fanny on the box like charity surrounded with children shouting for joy at the top of their voices. [Richard?] and Henry upon the top. Such a meeting, and a dinner of country messes, at two, and Duke and Johnnie, and poor Grandmama who was that day almost too ill to enjoy anything.

At a side table Duke is my own god child and he does love me I believe, in spite of the awful age too often so repulsive to children. He began calling me old grannie, but I would not stand that. It was changed into, my little grannie, but now it is grandmamma as he grows older. He has such a loving nature. And though at present does not devour books as some children do. He shows a remarkable intelligence about everything that has to do with machinery. So we, with fond anticipation, already fancy him an Officer of Engineers.

Johnny Loring, my other companion is a noble boy. Such an honest, open and [pointed?] countenance. They wont allow me to call him handsome because he has not a very symmetrical nose. But I think his large, open blue eyes, his sweet loving mouth, his healthy, rosy cheeks and his fine fair hair beautiful.

He surprised his father the other day, he is only four, and as I think [afstness?] in quotation, a proof of promise ability in a child as well as [quantity??] of affection I give you the anecdote.

They have a swing in the garden at Cobham and Henry promised to give Johnnie and Arthur a swing. Arthur ran towards and go in front. Johnnie wanted to be swung first. Why should you. Because I am the eldest. But I think my rule is better than yours, first come, first served. But the first shall be last and the last first, responded Johnnie. Where did you learn that? says Henry surprised. Why, you read it yourself at progress this morning.

Amy sat at the dinner table with the big ones. I, in my second childhood you see, preferring the side table. Such a happy party. Richard and Henry are so dear

Page 2

Continues... every sound is heard through the little dwelling, though they are such good little, well managed fellows, that they give us little trouble as children can.

In a fortnight my sweet Ady was able to follow them, but she was so weak when she arrived she could scarcely walk up stairs. However, she is now decidedly better. Though we cannot get rid of the cough, but on Monday, against my advice rather, she leaves us. Her husband can be so little with her and she cannot help fretting after him. Though she is very good, and perhaps a fresh change of air may carry off this remaining cough.

We have persuaded her, however, to leave her little boys with us for a fortnight longer that she may have only her baby, her husband and great quiet when first she gets home.

I have also persuaded her to see Sir Henry Holland upon her way through town. She is sure she does not want advice. But coughs are [tickle, fickle?] things, and it is only experienced medical men who can decide where they may or may not be hidden danger. It will be an immense relief if he tells us all is quite safe.

You can not think how pretty she looks with her delicate face, her baby on her lap and her two little boys hanging round her. Or how touching to ones heart the love between her and her husband is. It would realize your ideal, which is, I know, a pretty high one.

As for the dear Croftons, they are by this time upon the high seas. But the plan is rather altered since I wrote to you. They found by far the cheapest plan was to come to Liverpool, the passage price being so much lower than by the Southampton Packets. So upon that they decided and that being the case Richard has settled to pay a visit to his mother in Ireland before he comes to us. Which will delay our meeting a week or two.

Georgy comes home direct from Liverpool. Now for the Sale of the House which you will easily believe occupies both time and thought. I look upon it as the Crisis of my life, and if the comparison be not profane, feel something like the sacrifice of Abraham when he quitted his fathers house and country to go into a land that I will shew thee. The effort has not

Continues?

Diary of Lady Mary Heath continues.

Monday 1st November 1858

Leo and I went up to London to see Adelaide in Lowndes Street. Leo’s R.N.C.V’s practiced gunnery on board “Arrogant.”

Tuesday 2nd November 1858

Leo and I went to the dentist and returned home late, finding chicks all right.

Wednesday 3rd November 1858

Leo to his ship and rode round his horse. I drove to the Jessops and Cadlands and sailor wives. Mrs Frylis and Barnsville [?]

Thursday 4th November 1858

Went with Arty to meet R. Dumbleton who came with Leo from his ship to stay. Misses Eden came to stay.

Friday 5th November 1858

Leo to his ship. After luncheon Rose and I and Marty [Mooty?] to Beaulieu Abbey. Leo came home pretty late. Chicks had a bonfire and Leo and Marty let off fire works for their edification. Rose sang in the evening. Jessops called.

Saturday 6th November 1858

Leo to his ship. Marty out rabbit shooting. After luncheon Rose, Marty and I went out walking, called on the Crawfords. Leo dismissed R.N.C.V.’s.

Sunday 7th November 1858

All to Fawley Church and a walk afterwards.

Monday 8th November 1858

Marty [Morty?] and Leo to the ship. I stayed at home. Rose went out walking alone. Leo and Morty riding to the forest.

Tuesday 9th November 1858

Rose went away. Leo to his ship. After luncheon Marty and I drove to Englehurst. Leo went riding on the common. Stories to Arty and reading in evening.

Wednesday 10th November 1858

Leo, Marty and I went to Southampton after luncheon to hear Mr Dickens read his Christmas Carol. Morty did not come in but walked about the town. Home very [?]

Thursday 11th November 1858

Leo to his ship. Marty [Morty?] went away via steamer to Plymouth. Leo recited his lecture to me in the evening.

Friday 12th November 1858

Leo and I to London to see Mr C. Hawkins. Afterwards to Lowndes St, heard that Uncle Caldwell was very ill. We talked and went and bought a new horse.

Saturday 13th November 1858

Mamma and Posy set off early for Staffordshire, but soon returned having given up going. Uncle Caldwell better. Leo and I came home here by the evening train. French man helped by Leo as he did not know a word of English. Found our darlings all right. Leo went to Southampton again to bring his horse home.

Sunday 14th November 1858

Rainy and I had a cough so we all stopped at home. Arty and Leo took a run before tea.

Monday 15th November 1858

Blowing hard. RNCV’s [Royal Naval Coast Volunteers] arrived on board “Arrogant.” (some of them). Leo busy with his map. Went to the ship in the afternoon went out with Arty picking fir cones. Leo spouted at my sleepy ears in the evening.

Tuesday 16th November 1858

Leo to his ship. Rainy and drizzling. We all stayed at home. Leo returned and at 4 off to Bitterne to give the lecture on Captain Cook. Goes to London Wednesday for “Manning the Navy” and returns on Thursday here. I read stories to Arty and Puss and ‘Reine des DM” to myself.

Wednesday 17th November 1858

Went out with the three chicks early a drive. After luncheon took a walk with Artie and the nursery maid. Mrs and Miss Hobart and Captain and Mrs Crawford called. Had tea and shewed the latter Arty and Fred. Puss wouldn’t appear. Evening read and went to sleep!

Thursday 18th November 1858

Bad day. Leo came home with news that Uncle Caldwell was no more. Walked a little with him and then he rode to Hythe and got [jinjule?] for my cold.

[Will of Stamford Caldwell at end of this file]

Friday 19th November 1858

Leo off very early to Linley Wood to attend the funeral. Lovely day, children and I out a good deal, read Bishop of London’s charge.

Saturday 20th November 1858

Out with the children. No one called. Read to myself.

Saturday 20 November 1858
Hampshire Independent

The Royal Victoria Hospital at Netley - Report on the Site, &c., of the Royal Victoria Hospital, near Netley Abbey. War Office, Whitehall Gardens, June 1858.

- - The Committee also referred for information upon various points to the Colonel James, Superintendent of Ordnance Survey; Major Ravenhill, resident Royal Engineer at Netley; Capt. Heath R.N., H.M.S. Arrogant, lying off the site; - -
Necessity of Landing the Sick in Boats.

On this point the report of Captain Heath, as to Netley, is conclusive, - "That the landing from ordinary boats at the existing hard is quite free from difficulty of any sort;" and that "I have been more than a year at this anchorage, and there has been no day during that period on which communication by boat between the ship and the shore has been interrupted by gales of wind." At Haslar the landing in boats of the sick from ships in the harbour at a distance of from half to one and a half miles from the jetty is not attended with any difficulty whatever.

There can be no doubt that a situation which would allow ships of deep draught of water to come alongside in all weathers, and discharge sick at the door of a Hospital, would be most convenient. But this Committee is not aware that any such position can be found on the coast of England, where it would be desirable to place a hospital.

Diary of Mary Heath continues - - -

Sunday 21st November 1858

Went to Church alone, with the servants met Mrs B Drummond and Gent[?] Came home to chicks. Arty said his [hymnes, lessons?]

Monday 22nd November 1858

Heard from Leo. Went out with the children as usual. Mrs Phillips lunched. Drove afterwards to call on Miss Jessop and Miss Selmes[?]

Monday 22 November 1858
Morning Herald (London)

Sprightly, tender, Master Commander George Allen, proceeded from Portsmouth on Saturday to Southampton River, having board Captain Harry Eyres C.B.,of the St.Vincent, 104, and Captain H. Seymour C.B., of the Victory, flag ship. They were conveyed on board the Arrogant, 47, screw, Captain Heath, now lying in the Southampton River, it is supposed for some purpose as a board of inquiry.

Monday 22 November 1858
Daily News (London)

We understand that a court of inquiry assembled yesterday on board the Arrogant, steam-frigate, (Captain Heath) guard-ship in Southampton Water, to investigate the conduct of one of the officers of that ship. The court was comprised of Captains Harry Eyres C.B. of the St. Vincent; G. H. Seymour, C.B. of the Victory; and G.F. Gordon, of the Hannibal; and proceeded thither in the Sprightly, steam-vessel, Master Allen Commander.

Diary of Mary Heath continues...

Tuesday 23rd November 1858

Out with the children. Was driving out after luncheon and recalled by Leo who has come home. Great talk about Linley Wood affairs.

Wednesday 24th November 1858

Leo to his ship. I out with the children. Mrs Bisset called as she has often left the muff for Adelaide. I read French stories. Arty had lessons, and came home. Took a ride across the common. We read to ourselves and talked in the evening.

Thursday 25th November 1858

Leo to his ship. Teaching and reading in the morning and Leo home and away again to London. Spent the evening with the children and after tea with a book.

Friday 26th November 1858

Taught little Arty etc, walked out with Fred on his poney and met Arty. After luncheon out again with the children. Leo came home rather late from London.

Saturday 27th November 1858

Leo to his ship as usual, and [line scribble out, something about perambulator] it rained all morning and we none of us went out till evening when I went to meet Leo.

Sunday 28th November 1858

Leo and I went to Fawley Church and trekked with chicks afterwards, Leo and his son Arty and I and my daughter Marion.

Monday 29th November 1858

Leo went to shoot at Mr Ricardo’s. Children and I out for a drive. Mr and Mrs Gibson call. Leo home with game, he very tired.

Tuesday 30th November 1858

Bright day. Leo and I to Southampton, then he to his ship and I home to children. They went out thrice, settled books, read. We met Mr Keats the new 2nd Lieutenant in the town. Leo came home rather late.

December 1858

Wednesday 1st December 1858

A lovely warm day. Leo to his ship. I and the children out walking after luncheon. Again walking with Arty over the roughland. Leo home, reading and talk.

Thursday 2nd December 1858

Pouring rain. Leo did not go to ship. Wrote letters. After luncheon Leo rode out. Baby and I drove to Fawley, and then Marion and Arty out picking fir cones, etc. Leo home evening as usual.

Friday 3rd December 1858

Leo to his ship. Morning as usual. Captain Balfour came to talk to Leo and luncheon. Walking out. Mr Sheldon called.

Saturday 4th December 1858

Rained. Leo and I stayed indoors till after luncheon when he and I and Arty went out to meet Posy who came to stay – talk.

Sunday 5th December 1858

Leo went to Church on board. Posy and I to Fawley. Walk with Arty over common and through stiles. Leo read to us one of Dr [Pang?] sermons.

Monday 6th December 1858

Leo went to his ship and returned we three dined at Cadlands. Met Lovells,Cochranes, Townleys and Miss Wortley – pleasant.

Tuesday 7th December 1858

Leo to his ship, and Posy and I to luncheon at Englehurst. General and Mrs Drummond very amusing.

Wednesday 8th December 1858

Leo went to Portsmouth Division. We stayed in doors.

Thursday 9th December 1858

Walked in the morning and drove with chicks to Cadland, and saw preparations for wedding feast. Saw Mr and Lady Drummond, Mrs Drummond and various gentlemen. Evening as usual.

Friday 10th December 1858

Leo to his ship, paid off R.N.C.V.’s. Posy and I and children to call on the Crawfords, and went to Hythe. Posy sang in the evening. Mr Martin RH called.

Saturday 11th December 1858

Leo went [meeting?] and we drove with three children to the meet at Beaulieu. Home. Arty went out alone and I brought him home.

Sunday 12th December 1858

All to Church, a walk in the afternoon.

Sunday . .

Monday 13th December 1858

Leo went to Worthing on business. Posy and I and children walked out and after luncheon drove out with Arty. Captain Crawford dined.

Tuesday 14th December 1858

Leo to his ship. We all stayed indoors.

Wednesday 15th December 1858

Leo to ship and to Southampton. Children all out. I drove down to Hythe to the[Bagvar?] Mr and Mrs Selmes, Misses [Jep?] and Park, Captain Crawford and Misses Keats and Anderson dined. Music in the evening

Thursday 16th December 1858

Rained. We did not go out till afternoon when Mrs Parker brought a poney for Posy to ride on. Leo and Posy and Mr P rode out for a little.

Leo and Posy and I dined at Cadland. Settled for Posy to act there in Private Theatrics.

Friday 17th December 1858

Leo and I went to Southampton. He to [see?] about the {Ficher toll?] I shopping. Posy went to Cadland. Children all out. Captain Crawford dined with us.

Saturday 18th December 1858

Leo went out meeting. Posy, I and children took a walk in the afternoon.

Saturday 18 December 1858
Hampshire Advertiser

Are Naval Officers Always Exempt from Toll?

A question of some importance to bridge companies was brought before tbe Southampton county magistrates (Captain Breton, J.Bernard, Esq., and W. C. Hamphrys, Esq.), at the Southampton Guildhall, yesterday, for decision, as to the liability of naval officers, when employed on coastguard service, to pay toll. A summons was taken out by Mr. James Bany Anderson, assistant surgeon on board the Arrogant, against James Gladwin, toll-collector at the Itchen Ferry, for unlawfully demanding - and taking toll of him on the 10th of December. The Itchen Bridge company were the real defendants in the case, and they were represented by Mr. Sharp, jun.; Captain Heath, commanding the Arrogant, represented the officers of that vessel. The summons was issued under an act providing that all officers and crews of vessels in her Majesty's navy, engaged at any port in the kingdom in the prevention of smuggling and protection of the revenue, should, when, on duty, be exempt from payment of any toll. The directors of the Itchen Ferry acknowledged their exemption when on any specified duty, but denied that they were excluded from payment when on their own business.

A discussion arose on an objection raised by Mr. Sharp as to the informality of the notice of exemption given to the company by the complainant, but this was waived, Mr. Sharp preferring to rely on the merits of the case.

Mr. Anderson then gave evidence to, the effect that he bad frequently crossed by the floating bridge, and had paid the toll, at the same time telling the toll-collector he was exempt. He did this, on Friday last. They were attached to the coast guard service, and the Arrogant was stationed in the Southampton Water.

In cross-examination he stated that there was nothing in his commission about the prevention of smuggling and that on Friday, when he paid the toll, he was coming into the town to get a summons against the defendant.

He was asked at the time whether he was on duty in the prevention of smuggling, a question he did not answer, merely saying be was on duty.

Captain Heath said that according to the Admiralty instructions the vessel was in connection with the coast-guard service, and they were placed there for the protection of the coastguard and the prevention of smuggling.

The Act of Parliament enacted that they were always on duty when in the service and on full pay, and he contended that the officers and crew of the Arrogant were exempted, from the fact of their always being on duty and subject to the articles of war.

In proof of this he alluded to the fact of a young lieutenant of this vessel who, a short time since, went into the town, whilst on leave, got drunk, and was dismissed the service, being amenable to the articles of war. The regular coast-guard men of the district were always exempted, and they were quite as much in the coast-guard service as those who lived on land.

In conclusion, be said he had obtained the opinion of Mr. Robson, the eminent Admiralty solicitor, who said that he did not think the demand legal if they complied with the regulations of the act with respect to making the formal declaration of exemption.

The total number on the books of the Arrogant was 550, and the officers opposed this toll, not for the sake of the amount, but on the principle that it was not legal.

— Mr. Sharp, in a clever speech, replied for the defendants. He said it was really a question of law as to whether the officers of the Arrogant were actually in the coast-guard service, and employed in the prevention of smuggling. That ship was employed here as a training ship, equally as much as she was for the coast-guard service, and it would be most unjust to the proprietary if they were to exempt all those who went on board her for the purpose of being trained, on the ground that they were on duty in the prevention of smuggling.

According to Captain Heath they were on duty even when they came into the town on pleasure, but he contended that the act never contemplated any such use being made of it, but referred to cases of specific duty. If this were admitted, it would be damaging in its consequences to the bridge, because when the Netley Hospital was in full working, all there would claim the same exemption.

In the present case Mr. Anderson could not possibly be said to be on duty in the prevention of smuggling, when he was coming into tbe town to take out a summons.

— After some private consultation, Captain Breton said the magistrates would like to give the case their best attention, and would adjourn their decision until Friday next.
The parties then retired.

Diary of Mary Heath continues...

Sunday 19th December 1858

We three to Church, out walking afterwards.

Monday 20th December 1858

Leo to his ship and Posy with him. I walked out. Drove to Exbury. Leo and I and Posy, Captain Crawford dined.

Tuesday 21st December 1858

Leo to his ship. Posy went to Cadland for a rehearsal.

Wednesday 22nd December 1858

Leo to his ship. Posy to Cadland. I made up a Christmas Tree and set it alight. Posy dined at Cadland. Captain Crawford came to dinner.

Thursday 23rd December 1858

Leo to his ship and Posy to Cadland. She returned rather late.

Friday 24th December 1858

Busy making up bows etc. Leo, Posy and I went to Cadland in the evening to see the Private Theatricals, stayed late.

Saturday 25th December 1858

Christmas Day. All went to Church. Posy had a walk, made up dress for me.

Saturday 25 December 1858
West Surrey Times

The Literary and Scientific Institute
A highly interesting lecture on "The Geology of Dorking and the North Downs." was delivered by T.Rupert Jones Esq., F.G.S., assistant secretary to the Geological Society, at the Red Lion Assembly Room, on Tuesday evening. - - - D.Heath Esq., of Kitlands also kindly furnished a contribution of interesting specimens. - - -

Diary of Mary Heath continues...

Sunday 26th December 1858

Went to Church. Walked about afterwards.

Monday 27th December 1858

Cut up holly for Posy’s dress. Leo to his ship. Captain Crawford dined, and then Leo, Posy and I went to a dance at Cadland, stayed late.

Tuesday 28th December 1858

Very tired, Leo to his ship. Posy went out a walk with Leo. Captain Crawford dined.

Wednesday 29th December 1858

Leo escorted Posy to London, home. I walked out with the children. A most lovely day. Leo came home to dinner.

Thursday 30th December 1858

Leo to his ship. Captain Crawford came to dine and went with us to the ball at the Selmes.

Friday 31st December 1858

Walked out with the children. Leo went to his ship.

Stamford Caldwell’s will

On the 16th day of April 1860 the Will with two Codicils thereto (the first Codicil being contained in Paper writings marked B & Z) of James Stamford Caldwell

Late of Linley Wood in the Parish of Audley in the County of Stafford Esquire.

Deceased, who died on the 17th day of November 1858

At Linley Wood aforesaid

Was proved in the Principal Registry of Her Majesty’s Court of Probate, by the Oaths of

Eliza Louisa Marsh-Caldwell heretofore Marsh, Georgina (in the Will written Georgiana) Amelia Marsh-Caldwell heretofore Marsh and Rosamond Jane Marsh-Caldwell heretofore Marsh, all of 9 Loundes Street, Belgrave Square in the County of Middlesex, spinster, the nieces, the executrixes

they having been first sworn duly to administer,

The Right Honorable Sir Cresswell Cresswell Knight the Judge of the said Court having pronounced for the form and validity of the said Will and Codicils

Effects under 18,000 pounds.

Page one.

This is the last Will and Testament of me, James Stamford Caldwell of Linley Wood. I appoint Henry Allen Wedgwood Esq. Barrister at Law Frederick Wright Tomlinson Esq late of Cliffe Ville Stoke-upon-Trent and Charles Buxton Esq. husband of my niece Emily Mary Buxton late Holland Trustees under this my will.

And I give and bequeath to such before named Trustees all landed and real property of which I may be possessed in trust to pay over all rents and profits arising out of such real property to sole use of my Sister Anne Marsh for and during the term of her natural life or so long as she shall be and remain unmarried.

And in the event of her death or Marriage then to & for her sole use of such of her daughters children of the late Arthur Cuthbert Marsh as may be unmarried at the time of the death or marriage of the said Anne Marsh in order of succession according to age for the terms of the natural life of each daughters respectively or so long as each daughters shall be and remain unmarried respectively.

And in the event of the death or marriage of such daughters of Anne Marsh then to and for the use of the eldest or second son of my niece Adelaide Mary Loring wife of the Reverend Henry Loring for the term his natural life and in the event of his death to & for the use of the second son of the said Adelaide Mary Loring for the term of his natural life (end of page one)

(page 2) and in the event of his death then to and for the use of the eldest son of my niece Emily Mary Buxton or such other son of my said last mentioned niece as may be willing to comply with and to comply with the conditions and directions of this my will expressly and then to and for sole use of the heirs male of my said niece Emily Mary Buxton for ever Provided always

And I sternly enjoin, direct and charge that my Sister Anne Marsh and each and every person who may under this my will become entitled to the rents and profits of my Linley Wood Estate and other real property by this will bequeathed shall and be so soon as can conveniently be done but at all events within the space of twelve months after becoming entitled to the use and enjoyment of Linley Wood and my other real property uses devised take assume and bear the name of Caldwell as principal surname for ever.

And in case of the nonperformance of such express conditions as to taking bearing and using the name of Caldwell or having assumed shall at any time afterwards discontinue to use and bear the said Surname of Caldwell then I hereby expressly will and declare that such person so failing to take and bear and use or discontinuing to take bear and the name of Caldwell shall and is utterly precluded from the use or enjoyment of any beneficial interest whatsoever under my will.

And I give and bequeath any property in or near the town of Derby of which I may be possessed to my nephew William Caldwell Roscoe for the term of his natural life and in the event of the death such property is to revert to and become and be the property of the person for the time being entitled to the possession of Linley Wood under the conditions and directions of my will.

And I further charge such Derby property with an annuity of one hundred and fifty pounds for the life of any male child born in lawful wedlock which the said William Caldwell Roscoe my nephew may leave at his death Should he however have more than one male child then such annuity is to be payable in succession according to seniority of age to one son of the said William Caldwell Roscoe only so that the while charge upon the property shall amount only to the sum of one hundred and fifty pounds a year and never to exceed such sum in any case.

It is my emphatic request and desire that my Sister Anne Marsh will make Linley Wood her principal residence. The house and grounds of Linley Wood are on no account to be let to any one for however short a term. Anne Marsh is the last after myself of the Linley Wood family and I confidently trust in her honor and good faith for the strict fulfilment of my wishes in all respects.

And as to and concerning all my PERSONAL ESTATE and effects except such as I have directed to go and be consid’d as heir looms as afors’d consisting of 395 Preference Shares in the North Staffordshire Railway Company and other shares stock or securities in Public Companies or in the funds or in my Bankers hands, mortgages bonds bills notes ready money houses carriages household goods and furniture and other goods chattels and effects of which I may be possessed at my decease. I will & direct that my executors hereinafter named in … with the trustees appointed by or acting in the trusts of this my will be and shall as soon as conveniently may be after my decease levy & raise by out my said personal estate and those portions thereof in particular which shall be least eligible for permanent investment …. Vibolir ??t…

The capital sum or fund of one thousand pounds in order thereout as may be useful to pay and discharge all my … debts, my funeral expenses the costs of proving this my will the several legacies hereinafter by me bequeathed or which I shall leave or bequeath by any codicil hereto also the costs and charges of obtaining for the possession of my Linley Wood Estate Her Majestys Circuit for using my name and arms as I have hereinbefore directed.

Also I will and desire that a further capital sum or of______ shall be in like manner levied and raised and that the more eligible and substantial portions of my said personal estate amounting to that sum in the whole shall be transferred to and continue in the hands of my said trustees for the purpose of being laid out and applied by them when & as opportunity shall from time to time arise in the purchase of lands of inheritance? Freehold or copyhold in the Counties of Stafford & Chester (Cheshire?) or

End of page 2

..either those counties and as near to my other landed estates there as any such purchase or purchases can be afforded.

And when any such purchase or purchases can be made & afforded I direct my said trustees to take or procure the land & heredits (?) which shall be so purchased to be conveyed or surrendered & settled to such uses upon such trusts & for such estates and interests and with under and subject to such process and provisoes as are hereinbefore limited related and expressed of concerning my said real estates hereby devised or as was thereto and that deaths of parties and other circumstances will persist.

And in that in the meantime and until the last mentioned capital sum fund of 6000 pounds shall be laid out and wholly applied in such purchase or purchases as aforesaid I authorise and direct my said trustees to pay and apply the interest dividends and income arising there from half yearly unto and for the benefit of such person or persons as would for the time being be entitled to the rents and profits of the lands purchased therewith in case any purchase of lands has been actually made and the same has been conveyed or surrendered and settled as I have hereinbefore directed. And as to the residue or surplus of my aforesaid PERSONAL ESTATE which shall remain over and above the two several sums of (pound sign) ____ and (pound sign) _______ directed to be levied and raised thereout for the purposes hereinafter mentioned. I give and bequeath the same unto the person who under the provisions of this my will shall upon my decease become equitable Invoice? (latin ?)or estate (latin?) trust of my said Linley Wood Estate

A blank consisting of one entire sheet and part of another here occurs in the Original.

..and the heirs of his body in tail male.

And in default of such issue then in trust for the first son of the said Francis James Holland and the heirs of his body in tail male.

And in default of such issue In trust for the eldest Grandson or older male descendent (then living) of my said late sister Margaret Emma Holland who shall be willing to take and bear the name of Caldwell and to heirs and assigns for ever.

And if there be no such person The In trust for the eldest Granddaughter or other female descendent then living of the said Margaret Emma Holland who (and if married whose husband) shall be willing to take and bear the name of Caldwell and to her heirs and assigns for ever.

And if there be no such person then In trust for the eldest Grandson or other male descendent (then living) of the said _______(blanked out) (person cut out of Original Will here) Marsh who shall be willing to take and bear the name of Caldwell and to his heirs and assigns for ever.

And if there be no such person then In trust for the eldest Granddaughter or other female descendent (then living) of the said Anne Marsh who (and if married whose husband) shall be willing to take and bear the name of Caldwell and to her heirs and assigns for ever. Provided always that in case any person to whom an estate for life is hereby given in my said mortgages lands hereditaments and real estates or any part thereof shall at any time or times assign charge or encumber the said hereditaments or the rents issues and profits there of or in the case the same or any part thereof shall be reason of Bankruptcy or Insolvency or any other means become vested in or payable to any person or persons whomsoever other than such tenant for life

Then and in any of such cases and as often as the same shall happen the trusts hereinafter declared for the benefit of such tenant for life shall cease and determine (?). And I direct that the said hereditaments shall immediately thereafter and during the life of such last mentioned party be held In trust for the person or persons for the time being entitled in ……be virtue of such of the ……limitations as shall have actually become vested and taken effect.

And I do hereby require and enjoin every person who for the time being shall be entitled to an estate for life in tail or in fee in possession of the said …….age called Linley Wood and the hereditaments devised therewith and alos (also) the husband of any such

End of page 3

- tenant for life in tail or in fee shall be a female under reve… forthwith to apply for and obtain a Royal License authorising him --------------- (blank space)(portion cut out of original will here) to use the surname of Caldwell either alone or in addition to his or her own surname (but so nevertheless that the name of Caldwell shall be the last and principal name) and theretofore to assume and use such surname accordingly.

And in case every such tenant for life or tenant in tail or the husband of any such tenant for life (as the case may be) shall neglect or fail to take such surname as aforesaid for the space of twelve calendar months after he or she or his wife shall become entitled in possession as aforesaid or if he or she shall be then under the age of twenty one years or otherwise personally incompetent to comply therewith then within twelve calendar months after the removal of such incompetency or having assumed the name of Caldwell shall at any time discontinue the use of such name then and in either of the said cases and immediately thereupon the estate for life or estate in tail of each such person or his wife or his or her …..(Ancestor Aurester ?) as the case may be.

And all trusts in favor or the children or issue of any such tenant for life shall absolutely cease and determine and the remainder and remainders expectant (experant?) thereon shall be …lerated (arislated ?) yet so nevertheless that if the person who or whose husband shall be guilty of such neglect and failure or discontinuance as aforesaid shall be a tenant for life and the remainder expectant on his or her estate and the estates of his or her children or other issue shall be contingent then I will and direct that my said trustees or trustee to and shall during the life of such tenant for life stand seized of and interested in the said hereditaments In trust for the person for the time being entitled in remainder (?) by virtue of such of the …(ultenor?) limitations as shall have actually become vested and taken effect.

And I do hereby solemnly request and enjoin (but not so as to create a trust or condition every person who shall by virtue of the limitations therein contained become a tenant for life in tail or in fee of my said Mansion house called Linley Wood to reside at my said Mansion house so far as health and other important circumstances will permit.

And I leave it so the honor good feeling and .. of right of my several devises to comply with this request and hereby to fulfil my earnest wish and this wish and desire of my late father by whom the said Mansion house was devised to me by whom the estate had been made added to and improved.

And I do hereby expressly declare that it shall not be lawful for any person who shall be a tenant for life or tenant in tail of my said Mansion house called Linley Wood and the other hereditaments devised therewith use for any such Trustees or Trustee (except during the minority of any tenant for life or tenant in tail in possession to …….leave or let either from year to year or for any term of years my said mansion house or the outbuildings woods gardens and pleasure grounds occupied therewith or the farm now in my own occupation called the Home Farm or any part thereof respectively nor to devise or lease any other of the ussages (?) (mortgages ?) lands mines and hereditaments hereby devised for any longer period than from year to year Provided always

And I so hereby declare that it shall be lawful for any tenant for life or in tail or for any said trustees or trustee during the minority of any such tenant for life or in tail to work and act or to dem…… from year to year any mines or minerals under my said lands and hereditaments but so as not to damage or injure my said Mansion house called Linley Wood or to interfere with the use and enjoyment thereof as a resident and so that all engines sheds and buildings shall be erected in such situations arising as my said trustees or trustee shall think necessary and unobjectionable

Provided also And I do hereby authorise and empower my said trustees or trustee from time to time to cut down such timber or other trees as they or he shall think necessary but so that all timber of an Ornamental character shall be proscribed as far as possible. I give and bequeath unto the said (The word in Red Ink ..in pencil in the Original Will followed by a Blank) All and singular the articles of Silver plate pictures engravings books and household furniture

End of page 4

…in and about my said Mansion house Upon trust to sell and dispose of such of my said books and such portions of my household furniture as my said trustees or trustee shall find it undesirable to retain but so nevertheless that such power of sale shall not re… (retend ?) to the following books namely

Three Sets of College Right Books,

A… Iliad,

A Journal (?) and

a Smiths Wealth of R…

and a fine edition of Holbeins Heads (?)

as well as all the pictures in Oil and Water

a Sofa now in the Breakfast Room,

a round table & a Sofa Table

also two round Card tables and the large Glass over the Chimney Piece in the Drawing Room

such last mentioned tables are in the Drawing Room.

Every Article of Books, pictures and furniture to be strictly heir looms and to apply the proceeds thereof in the purchase of other books and furniture. And upon trust to permit and suffer the books and articles so purchased and the residue of the plate, pictures, engravings, books, and other articles and things hereby bequeathed to be held and enjoyed as heir looms by the persons for the time being entitled to take possession of my said Mansion house as far as the rules of Law and Equity will permit after so nevertheless that no tenant in tail of my said mansion house shall become absolutely entitled to the said plate pictures engravings books and furniture until he shall attain the age of twenty one years.

And I direct any said trustees to take a Schedule or Inventory to be made of the said plate pictures engravings books and furniture and signed by the person for the time being entitled to sole use and enjoyment thereof I give and bequeath all my moneys securities for money and all other my personal ESTATE and EFFECTS not hereinafter specifically bequeathed into the said ….unreadable….

The words in Red Ink are in pencil in Original Will followed by a Blank.

Upon the trusts following that is to say Upon trust to sell collect and get in the same and after payments and satisfaction of my debts funeral and testamentary expenses Upon trust to pay the for several Legacies mentioned in my Schedule or Schedules signed my me And upon further trust to set apart the sum of

Blank in Original

..and to invest the sum in their or his names or name in the purchase of three pounds per East Consolidated Bank Annuities and from time to time to sell and dispose of part of the said trust funds and to apply the proceeds thereof as often as occasion shall require in defraying the expenses to be incurred by any tenant for life or tenant in tail under this my will on taking the name of Caldwell pursuant of the proviso in that behalf hereinafter contained and subject thereto Upon and for the trusts intents and purposes hereinafter declared

And as to the residue of the moneys to arise and be produced from my said residuary estate Upon trust to lay out and invest the same in the purchase of freehold or copyhold lands or other hereditaments held for an estate of intendents(?) in for contiguous or as was as circumstances will permit to my present Staffordshire or Cheshire Estates

And I direct that the Hereditaments so to be purchased as aforesaid shall be conveyed and assessed to the trustees for the time being of this my will Upon and for the trusts intents and purposes and with under and subject to the powers provisoes and declarations hereinbefore expressed concerning my said Mansion house called Linley Wood and the hereditaments devised therewith or such of the same trusts intents and purposes as shall be then subsisting(?) and capable of taking effect

And in the meantime until the said trust moneys shall be so laid out the same shall be invested by my said trustees for the time being in Government or Real securities in England or Wales (with power for my said trustees to alter vary and transpose such securities from time to time as they or he may think proper)

And I direct and declare that the dividends and annual product arising from the said funds and securities and from the funds in which the said sum of

Blank in the Original Here

..shall be invested shall go and be applied in the same manner in all aspects as the rents and profits of the hereditaments to be purchased with the said trust moneys would have gone and been applicable if the same had been actually purchased pursuant of the trusts aforesaid

And I do hereby further declare that the receipts of the trustees or trustee for the time being acting in the execution of this my will shall be good and sufficient purchases (?) for all or any of the moneys which they or he shall from time to time receive under the trusts herein contained

End of Page 5

..whether the same shall arise from altering or transforming any of the stocks funds or securities to be acquired under the trust’s aforesaid or otherwise howsoever and the person or persons paying or transferring all or any of the said moneys stocks funds or securities shall not be bound to see to the applications thereof or be accountable for the loss misapplication or or nonapplication of the same or any part thereof Provided always And it is my will that in case the said before mentioned trustees

Blank in Original Will

.. or any of them shall renounce the trusts and execution of this my will or in case they or any of them or any trustee or trustees to be appointed under this my present provision shall die or become unable or unwilling to act in the trusts of this my will before the same shall be fully executed and performed then and in such case and as often as the same shall happen it shall be lawful for my Nephew Henry Churston Holland (eldest son of my said late Sister Margaret Emma Holland) Sir Edward North Buxton Baronet Francis Wedgwood of Ballaston in the said County of Stafford Esquire

Blank in the Original Will

..or such of them as shall be then living and shall be willing to exercise this procul power in conjunction with the surviving or continuing trustees or trustee for the time being under this my will or if there be no such persons or person or being such they or he shall decline to exercise the power hereby given them for the retiring trustees or trustee or if there be no such last mentioned trustee then for the tenant for life or tenant in tail in possession for the time being of my said Mansion house and the hereditaments devised herewith to appoint any fit person or persons to supply the place or places of the trustee or trustees so dying or becoming unable or unwilling to act as aforesaid (it being my express desire that there shall never be less than three trustees of this my will)

And that immediately after every such appointment the said trust estate and effects stocks funds and securities shall be conveyed assigned and transferred at the cost and expense of my trust estate in such manner that the same may vest in such new trustee or trustees jointly with the surviving or continuing trustee or trustees or in such new trustees solely as the case my require Subject to the trusts aforesaid

And such new trustee or trustee s shall have and may exercise as well before as after such conveyance and transfer as aforesaid all the powers and authorities whatsoever hereinbefore contained in the same(?) manner to all interests and purposes as if they had been appointed a trustee by this my will Provided also

And I hereby further declare that all and every trustee named in or to be appointed under this my will or who shall act in the execution of any of the trusts thereof and that several and respective new executors and administrators shall be charged and chargeable respectively for such moneys only as they respectively shall actually serve by virtue of the trusts hereby in them reposed notwithstanding their or any or every of them giving or signing or ..(failing ?) in giving or signing any receipt (scripts?) or receipts for the sake of conformity

And any one or more of them shall not be answerable or accountable for the others or other of them or for involuntary losses

And also that it shall and be lawful for them and every of them with and out of the moneys which shall come to their respective hands by virtue of the trusts herein contained to retain and to reimburse themselves ……and also to allow to then respective (?) Estrustees or Estrustee all costs charges damages and expenses which they or any of them shall or may suffer sustain expend disburse be at or be put unto in or m…the execution of the aforesaid trusts or in relation thereunto

And lastly I do hereby nominate and appoint the said my Nieces Eliza Laura Marsh, Georgiana Amelia Marsh and Rosamond Jane Marsh EXECUTRIXES to be EXECUTORS of this my last will and testament

And I do hereby revoke all former and other wills and codicils by me at any time heretofore made and declare this to be my last will and testament On witness whereof I the said James Stamford Caldwell hereunto sign my name this twenty second day day (as is) of March in the year of our Lord one thousand eight hundred and fifty six.

22nd March 1856

Signed by the said James Stamford Caldwell in the presence both of us being present at the same time who in his presence at his request and in the presence of each other hereunto subscribe our names as witness

J.Stamford Caldwell

J Brindley Servant to J.Stamford Caldwell

J.Bossons Servant to J.Stamford Caldwell

__________________________________________________________

aforesaid trusts or in relation thereto And I do hereby nominate and appoint my Nieces Eliza Louisa Marsh and Georgiane Aurelia Marsh EXECUTRICES of this my will

And I revoke all former wills made by me and all Codicils thereto especially any and all directions and appointments of Protector or Protectors of my will In witness ….. and of this being my last will and testament I sign my name this nineteenth day of May in the year of our Lord one thousand eight hundred and fifty six.

19th May 1856

Signed by James Stamford Caldwell in our presence each of us being present at the same time in his presence and we in his presence and at his request and in the presence of each other do sign our names as witnesses

Frances Brindley, Servant at Linley Wood

James Bossoms, Servant at Linley Wood

___________________________________________________________

1st Codicil

This is a Codicil to my Will

Schedule of Legacies given and bequeathed by me Mr James Stamford Caldwell. This list is not to be considered as cummulative and in addition to any Legacy or Legacies before given by me which former Legacies I hereby expressly revoke and I also hereby expressly revoke any appointments of protectors of my will which may be named in any will or codecil heretofore executed by me and all and every Legacies or Legacy given to such persons the estate is too small to make this necessary I give to each of my trustees who may act under my will and any codicil thereto the sum of one hundred guineas free of Legacy duty

and I give to each of my three Nephews Sons of my late Sister Hannah Eliza Roscoe and to each of my nieces daughters of my Sister Anne Marsh fifteen preference shares in the North Staffordshire Railway and Canal Co…

and I give to my housekeeper Mary Beardmore five shares in the said North Staffordshire and Canal Co….

And I give to my six household Servants at Linley Wood the sum of one hundred pounds to be distributed in such proportions as my trustees and executors may think under all the circumstances most reasonable but I expressly direct that my Housekeeper Mary Beardmore is to have her proper share independently of any other Legacy bequeathed to her by me.

And I give to my said Housekeeper all my wearing(?) apparel of whatsoever description but she is to give to each of my personal attendants James Bosson and Francis Brindley a Good Coat two waistcoats and two pairs of trousers and boots.

And I give to my Gardener Edward Whitney the sum of ten pounds and to my farm servants Henry Gidmore and his wife the sum of £10 (pounds) and I declare that all such before mentioned legacies are to be paid entirely free of Legacy duty which is to be paid out of my personal estate.

Also I give to Elizabeth Martin the daughter of my farm Bailiff Samual Beardmore to and for the use of the said Samual Beardmore? the sum of twenty pounds also free of legacy duty.

And I give to the Trustees of the North Staffordshire Infirmary to and for the use of such Infirmary four preference Shares in the North Staffordshire Railway and Canal Co…

And I give to such Asylum or Institution for the relief and education of the blind as my trustees may think most eligible the sum of fifty pounds. I desire most emphatically that my poor horses and dogs may be most carefully attended to and they are not to be sold – not any of them.

Blank in the Original Codicil

..my funeral is to be quite private and free from ostentation and expense.

I hope my friend Mr. Charles Philip Wilbartram (?) of Audley Vicarage will perform the ceremony many and accept of Twenty Guineas which I now bequeath to him.

I revoke all disertions as to a protector or protectors of my estates not considering it necessary having full confidence in those who are to come after me.

My plate pictures engravings and library books are to be always considered as to be used and enjoyed by each of such persons as shall for the time being under the directions of

End of page 7

..my will be entitled to the occupation of Linley Wood subject however to a power hereby granted by me to my trustees, executors or executrixes to alter from time to time and sell or exchange such books or pieces of furniture as may to them seem desirable always excepted the books and pieces of furniture declared by my will to be Heir looms

and I declare & will that a handsome library of Books shall be always kept up at Linley Wood out of those which I leave or others which may be bought or exchanged in the place of any such books.

I give to Eliza Louisa Marsh my Gold Repeating watch with my thanks for her esteemed Letters to me so often

I except from the revocations of my former will or codicil thereto all mention of a Cottage & Garden to my Housekeeper Mary Beardmore which is __ have full force & effect.

I give my other gold watch (the Repeater is already bequeathed) to Captain Arthur Henry Crofton husband of my niece Fanny Mary Marsh with my kind regards

and I give my Gold Pencil Case with Family Picture upon it to my niece Eliza Louise Marsh also with my kind regards & with my best thanks for her kindness in so agreeably corresponding with me

and I appoint her Eliza Louisa Marsh, Georgina Amelia Marsh and Rosamond Jane Marsh my three nieces EXECUTRIXES of my will and I bequeath to each of them four Shares in the North Staffordshire Railway Co… or the sum of fifty pounds each but I recommend them strongly to take the Preference Shares they ought to be worth much now

and I earnestly with request that dear old Linley Wood may be well and hospitably kept up and my Servants Legacies immediately paid and my poor horses & dogs carefully attended to.

Linley Wood is never to be Let and I request residence there by the person who may from time to time become entitled to it as much as can possibly without great inconvenience be done.

In witness of this being a codicil to my will I sign my name this nineteenth day of June in the year of our Lord eighteen hundred and fifty six.

Signed by J.Stamford Caldwell in our presence each of us being present at the same time in his presence. Witness our hands. J.Stamford Caldwell

Francis Brindley Servant at Linley Wood

James Bossons Servant at Linley Wood

EXTRACT from CODICIL dated the 13th day of February 1855 revised by the Codicil marked B-----

And I hereby bequeath to my Housekeeper Mary Beardmore who has faithfully & zealously attended my at many times of illness especially upon a late occasion when I had a bad fall in my dressing Room late at night All that cottage or small house with the appointments situated at Wood Fields and now in the occupation of a person named Raddeley for the term of her normal life but at her decease or wishing to give up the said property then such property is immediately to go to & become the property of such person as may be at that time possessor of Linley Wood under the conditions & regulations of my will or any Codicil thereto.

And I further direct & will that a Moderate sized Garden is to be allotted to such premises at the back of the present two houses.

2nd Codicil

THIS IS A CODICIL to my will and I desire that the directions contained in it may be most carefully complied with there are some blanks purposely left which are to be filled up at the reasonable discretion of the trustees and Executors or Executrixes named in my will or any Codicil thereto.

THIS IS A CODICIL to the will of me James Stamford Caldwell of Linley Wood Barrister at Law – I give to the Gentlemen whom I have before..

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..appointed trustees of under (?) my will the use of two hundred pounds each free of Legacy Duty. I feel much obliged to them for undertaking the trust and I have no doubt whatever that they will use their best endeavors to carry out the directions of my will and every Codicil thereto in the best and wisest manner.

And I give to each & every person who may be appointed Executors or Executrixes of my will the sum of one hundred pounds free of Legacy Duty.

And I give to my housekeeper Mary Beardmore (Brarbourne) one (four?) clear (?) annuity of _______ pounds (Blank in Original) for the term of her natural life. And I give to the Household Servants living with me at the time of my death the sum of __________ (ditto) to be apportioned by my personal representatives according to length of service or as they may think best but my before named Housekeeper is to have her one share of this bequest

and I give to my Gardener Thomas Whitney the sum of __________ pounds (ditto)

and to my two Farm Servants Henry & Anne Sidman the sum of ____________ (ditto) pounds.

I declare that all such Servants Legacies are to be paid to them free of Legacy Duty and within six months after my decease.

And I give to the North Staffordshire Infirmary at Etruria the sum of Ninety pounds.

And I give to the Society for the Suppression of Cruelty to Animals the sum of Sixty Pounds

and I give to my Niece Francis Mary Crofton

And I give and (Original so ) to each of my three nephews the youngest sons of my late Sister Hannah Eliza Roscoe _______ (Blank in original) Preference Shares in the North Staffordshire Canal and Railway Com---.

And I give to my niece Francis Mary Crofton __________ (Ditto) Preference shares in the last mentioned Com…..

and to my Niece Adelaide Loring and her children after her death ____________ of the said Preference Shares

and to each of my other four nieces daughters of my sister Anne Marsh ___________ of the said Preference Shares and those bequests are to be paid to each and every such person free of Legacy duty.

The Gold Pencil Case composed of the produce of several mourning rings the names formerly on which will be found on the Pencil Case also my Gold headed cane are to be heir looms & be the property of whoever may for the time being under my will be the Proprietor of Linley Wood

and the same as to all the plate including a valuable Eper…. .and some large Waiters and Salvers which have inscriptions on them as well as upon the Epergue (?) in fact all the plate of every description as well as my College Prize books the Holbein Prints and all the pictures and good engravings and also the Chimney Glass, round table, sofa, table and small oval table to card tables in the Drawing Room & front hall also a large table in that hall are to be heir looms together with a handsome collection of good useful books.

But my college. (Original so) And I will and direct that the person who for the time being shall be under the dispositions of my will possessed of Linley Wood shall have and enjoy the interest of such personal property as I may be possessed of after payment of all legacies and annuities or other charges herein bequeathed and after payment of the sum of eight thousand pounds which sum I hereby direct and positively will and order is to be laid out in landed property, that is real freehold & copyhold which is to be done as soon as ever a practicable such property to be settled expressly and to follow the directions as to any Landed and real property devised by my Last will _____________( Blank in Original)

I hereby most positively declare that no no (?) Roscoe shall ever have Linley Wood and my estates in Staffordshire and Cheshire and if any devicer under my will attempt to alter the arrangements of my will in favor of that Family I hereby declare that such person or persons and his, her or their family shall utterly forfeit lose and be deprived of any benefit whatsoever under my will or any Codicil thereto.

I desire and direct that one Share in the South Western Railway Courem ? be purchased for my Housekeeper Mary Beardmore at the current rate of the day but she is to only be charged Eighty six pounds £86 for such share. I had fully intended to invest money due to her for wages when the Shares were very low but unexpectedly I had an opportunity of which I availed myself to buy some … Life Assurance Shares and the then charge of buying low in South Western was lost but she Mary Beardmore is not to be the sufferer by my error ________________(Blank in Original).

I will & direct that Linley Wood with it appointments and all real estate and property

(end of page)

lands houses & shall upon my death go to my Sister Anne Marsh for the term of her natural life or so long as she shall remain unmarried.

And in case of her death or marriage then I will and declare that all such real estate in the Counties of Stafford & Cheshire respectively shall go to such Nieces as shall be unmarried at the time of my death so long as such Nieces shall continue unmarried I mean the daughters of my Sister Anne Marsh,

and in case of the marriage of any such Nieces then to the survivor who may remain unmarried always under the express conditions that my Sister Anne Marsh and such my Nieces above mentioned do within twelve months after my decease assume and bear the name of Caldwell

and in case of the death or marriage of such Nieces then I give and bequeath Linley Wood together with all real estate being in the Counties of Stafford & Cheshire respectively to the second son of my Niece Mary ______(Blank in Original) Heath wife of Leopold ________Heath of the Royal Navy for the term of his natural life and to his eldest son

(this was to be Frederick C. Heath-Caldwell born early 1858)

and in the case of the death of such second son of Mary ______ (Ditto) Heath without issue then to the eldest son of my niece Adelaide ______Loring for the term of his natural life and to any Son who may be born to him in lawful wedlock for the term of his natural life

and in case of the death of such eldest Son of Adelaide __________ (Ditto) Loring without male issue then to the second son of my Niece Emily Mary Buxton and to the heirs male of my Niece Emily Mary Buxton for ever.. but always on the express condition that each and every person who shall come into possession of Linley Wood and my estates in the Counties of Stafford and Cheshire shall within twelve calendar months from the date of such coming into possession assume and bear the name of Caldwell as the surname or last name ______________(Ditto)

In case of anything unexpectedly happening to me I direct that my House Keeper Mary Beardmore who has lived with me many years to be seen handsomely and liberally provided for out _ such personal estate as I may leave at my death and I solemnly charge my trustees and personal representatives strictly to take care that this is effectively done

_______________________ (Ditto)

Any male person …ing to the possession of Linley Wood is to be brought up to some profession. Not a trade of any sort. This is my main injunction and desire to be brought up to some profession, not a trade.

And in witness of this being a Codicil to my will I sign my name this twenty ninth day of April in the year of our Lord 1858.

Signed by James Stamford Caldwell in our presence each of us being present at the same time in his presence Witness our hands

J.Stamford Caldwell

Frances Brindley Servant to J.S.Caldwell

James Bossons Servant to J.S.Caldwell

PROVED in London with two Codicils the last Codicil being contained in paper writings marked B and (pound sign) 1. 16th April 1860 by the oaths of Eliza Louisa Marsh-Caldwell (hereto Marsh) Georgina (in the will written Georgianana) Amelia Marsh-Caldwell (heretofore Marsh) and Rosamund Jane Marsh-Caldwell (heretofore Marsh) Spinsters, the Nieces the Executrixes named in the will and first Codicil to whom A… was named.

The Right Honorable Sir Cresswell Cresswell (?) Knight the T…. this Court having pronounced for the force and validity of this said will and Codicils.

Marsh-Caldwell Correspondence

Court Case

In this case the testator, James Stamford Caldwell, died a bachelor on the 17th November, 1858. He had had three sisters, married respectively to W.S. Roscoe, Esq., A.C. Marsh Esq., and Sir Henry Holland. Mrs. Roscoe and Lady Holland died before the testator; Mrs. Marsh, who had several daughters but no son, survived him, and as coheir was one of the defendants.

Twenty-seven executed wills and codicils were found after Mr. Caldwell’s death, besides a large number of incomplete testamentary papers; Eliza Louisa Marsh, Georgina Amelia Marsh, and Rosamond Jane Marsh, as executrixes, propounded a will bearing date the 19th of May, 1856; a codicil of the 18th June, 1856; and a codicil of the 29th of April, 1858.

Saturday 18 December 1858
Hampshire Advertiser

Are Naval Officers Always Exempt fro Toll?

A question of some importance to bridge companies was brought before the Southampton county magistrates (Captain Breton, J.Bernard, Esq., and W. C. Hamphrys, Esq.), at the Southampton Guildhall, yesterday, for decision, as to the liability of naval officers, when employed on coastguard service, to pay toll. A summons was taken out by Mr. James Bany Anderson, assistant surgeon on board the Arrogant, against James Gladwin, toll-collector at the Itchen Ferry, for unlawfully demanding - and taking toll of him on the 10th of December. The Itchen Bridge company were the real defendants in the case, and they were represented by Mr. Sharp, jun.; Captain Heath, commanding the Arrogant, represented the officers of that vessel. The summons was issued under an act providing that all officers and crews of vessels in her Majesty's navy, engaged at any port in the kingdom in the prevention of smuggling and protection of the revenue, should, when, on duty, be exempt from payment of any toll. The directors of the Itchen Ferry acknowledged their exemption when on any specified duty, but denied that they were excluded from payment when on their own business.

He was asked at the time whether he was on duty in the prevention of smuggling, a question he did not answer, merely saying be was on duty.

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