5

March Tree 

ROBERT SMITH and MARY (11)

 

ROBERT SMITH was the sixth of the seven children of the millwright William Smith and his wife Margaret.

Baptism. St Martin, Brasted.
1696 Oct 31  Robert son of W^m & Marg^t Smyth

His is the only baptism in this family which names the mother.
A baby brother born three years later died soon after birth, leaving Robert the youngest surviving child. His mother died when he was four. He was thirteen before his father remarried. Four half-siblings were born, but two of them also died in infancy.

Brasted is a village in NW Kent, on the road between Oxted to the west and Sevenoaks to the east. It stands on high ground on the edge of the Weald. The River Darent runs through the parish. Robert’s father’s work as a millwright would involve building and maintaining watermills in the area around Brasted.

Robert was born in the reign of William III. As William of Orange he had come to the throne as the husband of the Stuart Queen Mary II. They ruled jointly until Mary’s death in 1694.

Robert came from a line of skilled craftsmen: millers, sawyer, millwright, but he became a farmer,

 

MARY. We know only Mary’s first name, from just one baptism of their children and from a declaration she made after Robert died.

Robert was a younger son of a millwright, who left his children one shilling each. Yet he became a yeoman farmer, with more than one farm.
The likelihood is that Mary came from a farming family and through a marriage settlement or a legacy was able to set Robert on the path to a higher status.

We have the baptisms of two children of Robert Smith.

Baptisms. St Mary the Virgin, Westerham.
1719 Apr 10  Robert ye son of Robert Smith.
1721 Jul 6  John

The Smiths lived in Brasted, but their fields extended across the border into the parish of Westerham. It was apparently more convenient for them to use the Westerham parish church, rather than the one in Brasted. We find their baptisms and burials there.

Lionel Cole’s research has uncovered many references to Robert in local archives.[1]

In the mid-18^th century, the rector Dr Michael Bull kept the Brasted Tithe Book. Farmers had to pay the rector an annual tithe – one tenth of their produce.
Bull records that in 1741 Robert Smith took over land from John Moon that had previously been occupied by the Morgan family. A list of the tithes paid by Robert Morgan shows the sort of crops that Robert Smith would also have grown.

June 1732 Mr Robert Morgan agreed to pay me after the above mentioned rate for his tithes for this year and the year after £4.
Wheat 8 acres £1-16s
Oats 21 acres £2-12s-6d
Pease 5 acres 12s-6d
Meadow 3 acres 6s
His rent £25 12s-6d

Another entry also mentions hops, for which Kent is famous and which were widely grown in Brasted.
Robert Smith’s rent ten years later shows his rent as double that of Robert Morgan. He was probably renting significantly more land. Yet his tithes were rather less than £4.

Now occupied by Robert Smith. Rent £50
1742 £3-15s
1743 £3-15s.

The following year we find the name of the farm rented by Robert Smith.

1743 Farm called Abrice alias Obrice in Brasted and Westerham, 138 acres heretofore in occupation James Morgan, late John Moore and now Robert Smith. Urmstone and Bull get this last)
The farm is now spelt Obriss.
The earliest part dates back to 1550. This is the separate timber-framed bakehouse behind the house. It was originally twice its present size, and served as kitchen, bakehouse and brewhouse as well, with storage rooms and possibly some accommodation for servants. There is also a 16^th-century threshing barn.
The main farmhouse is also timber-framed, but has been altered over the years.
Obriss Farm looks south over the Weald, surrounded by rolling countryside.
It was a typical mixed farm, held by a yeoman. It still shows signs of the large open fields that preceded the enclosures. A field to the north-east of the house has the clear `ridge and furrow’ pattern left by medieval ploughs.
The farm straddles the parish border between Brasted and Westerham.
Today Obriss is a Landmark Trust property. It serves as both a working farm and a holiday let.

In 1742, the churchwardens’ accounts show Robert Smith paying 7s 5d.

 Robert evidently became a churchwarden himself. He signed the vestry minutes in 1744

In 1747, 1750 and 1751 he paid the churchwardens 17s. He was evidently gaining in prosperity.

In 1751, their younger son John died unmarried, aged 30.

Robert senior died on 24 Nov1759, the year before the death of George II. He was buried five days later, not in Brasted, but in the Smiths’ favoured church at Westerham.

Burial. St Mary the Virgin, Westerham.
1759 Nov 29  Smith Robert from Brasted. 

He died intestate. In the absence of a will, it was customary for administration of his estate to be granted to the deceased’s wife, if she survived him. Mary signed a document relinquishing this right in favour of their elder son Robert.

On Friday the 11th Day of April in the year of Our Lord 1760 Before the Worshipfull Andrew Coltee Dicarel Doctor of Laws Surrogate in his Chambers in Doctors Commons London present the subscribing Notary Publick
A Business of renouncing the letters of Admon of all and singular the Goods Chattels and Credits of Robert Smith late of Brasted in the County of Kent deceased made by Mary Smith widow the Relict of the said deceased and of granting the same to Robert Smith the natural and lawful son of the said deceased on which day Altham Exhibited Asper… Proxey under the Hand and Seal of the said Mary Smith widow & made  himself for her and alleged that the said deceased dyed in the month of October last past Intestate leaving behind him the said Mary Smith widow his Relict who as such for divers good Causes & Considerations her there unto moving hath expressly renounced her Right to the Letters of Admon of all and singular the goods Chattels and Credits of the said deceased wherefore he prayed and the said Surrogate at his petition admitted the said Proxy & Remuneration so far as by Law the same ought to be admitted and deceased the same to be enacted and Letters Testimonial thereof to be made which being done appeared personally the said Robert Smith & alleged as is before alleged and further that he is the natural Son of the said deceased wherefore he prayed and the aforesaid Surrogate at her petitioned decreed Letters of Admon of all and singular the
Goods Chattels and Credits of the said Deceased to be granted and committed to him on giving sufficient Security for the same and admonished to him the usual Oath
Which I attest

Jo[h]n Cuisberlege Not[e]ry Public

 Mary had to sign a document relinquishing her rights, which she did by making her mark.

Know men by these presents that I Mary Smith Widow the Relict of Robert Smith late of Brasted in the County of Kent deceased do for divers good Causes and Considerations in & thereunto moving expressly renounce my Right in and to the Letters of Administration of all
and singular the goods Chattells and Credits of the said deceased and to the End that this my Remuneration may have its due Effect in Law I do hereby nominate constitute and appoint Mr Roger Altharn Notary Publick one of the Procurators General of the Arches Court of Canterbury or any other Proctor of the said Court to be my true and lawfull Proctor for me and in my name to appear before the Right Worshipfull Edward Simpson Doctor of Laws Master Keeper or Commissary of the Prerogative Court of Canterbury lawfully constituted his Surrogate or any other competent Judge in their Behalf to exhibit this my Proxy of Renunciation and to pray and procure the same to be admitted and enacted and personally to act and do all other Matters and Things which may be needful or necessary in the Premises and whatsoever my said Proctor shall do or cause to be done therein I hereby … desire to ratify and confirm

In Witness whereof I have hereunto …ting Hand and Seal this fifth Day of April in the Year of our Lord one thousand seven Hundred and sixty
Mary Smith X
Signed Sealed and delivered having been first duly stampt in the Presence of us
Thomas Wells
Thomas Pollard
The Condition of this Obligation is such, that if the within bounden Robert Smith the natural and lawfull Son and Administratior of all and singular the Goods Chattels and Credits of Robert Smith late of the parish of Brasted in the County of Kent deceased Do make, or cause to be made, a true and perfect Inventory of all and singular which have, or shall, come to the Hands, Possession, or Knowledge of the said Robert Smith or into the Hands and Po other Person or Persons for him And the same so made, do exhibit, or cause to be exhibited, into the Registry of the Deanry of Shoreham at, or before the last Day of July next ensuing. And the same Goods, Chattels, and Credits, and all other the Goods, Chattels, and Credits, of the said Deceased, at the Time of his Death, which at any Time after shall come to the Hands or possession of the said Robert Smith or into the Hands and Possession of any other Person or Persons for him do well and truly administer according to Law. And further, do make, or cause to be made, a true and just accompt of his said Administration, at or before the last Day of April which shall be in the Year of our Lord God One Thousand Seven Hundred and sixty one And all the Rest and Residue of the said Goods, Chattels, and Credits, which shall be found remaining upon the said Administrators Accompt, shall deliver and pay unto such Person or Persons respectively, as  the said Judge or Judges, by his or their Decree or Sentence, pursuant to the true Intent and Meaning of an Act of Parliament, [Intitled, An Act for the better Settling of Intestates Estates] shall limit and appoint. And if it shall hereafter appear that any last Will and Testament was made by the said Deceased, and the Executor or Executors therein named do exhibit the same into the said Court, making request to have it allowed and approved accordingly, if the said Robert Smith being thereunto required, do render and deliver the said Letters of Administration in the said Court: Then this Obligation to be void, and on none Effect, or else to remain in full force and Virtue Mary Smith Widow the Relict first renouncing Adcon’ gen’

 A separate document had to be signed by Robert junior as her substitute. He too had acquired the status of a yeoman.
Robert was able to sign his own name.
Know All Men by these Presents, that Robert Smith of Obriss Farm in the Parish of Brasted in the County of Kent Yeoman, Thomas Wills of Boons Farm in the same parish Yeoman, and William Crosstan of St. Margaret’s hill in the Borough of Southwark in the parish of St. Saviors Southewark in the County of Surrey hop fact or Are become bound unto the most Reverend Father in God Thomas by divine providence Lord Archbishop of Canterbury …mate of all England and metropolitan for the Sum of four hundred Pounds, of good and lawful Money of Great Britain, to be paid to him the said most Reverend Father or his lawful Attorney, Executors, Administrators, or Assigns: For the good and faithful Payment of which Sum, We bind ourselves, and every of us jointly and severally, for the Whole, our Heirs,
Executors, and Administrators, firmly by these Presents, sealed with our Seals, Dated the eleventh Day of April in the Year of our Lord One Thousand Seven Hundred and Sixty
Robert Smith
Thomas Wells
Wm Crosston
Sealed and Delivered in the Presence of Philip Moore

It is not clear why Mary had to go through this cumbersome legal process, rather than being the nominal administrator, and having her son carry out the duties for her. She may have been too infirm, physically or mentally, to carry the legal responsibility.

Mary died two years later. She was buried in the same grave in neighbouring Westerham.

Burial. St Mary the Virgin, Westerham
1762 Feb 16  Smith Mary widow from Brasted

The sandstone headstone for Robert and Mary is said to be “cracked, chipped and sunken”.
The carved top shows two winged cherub faces, either side of a Grecian urn.
The inscription below is divided into two columns, the left hand one for Robert and the right one for Mary, It reads:

“Here Lyeth the body of Robt Smith Sen who died November the 24^th 1759”
“and also lyeth the body of Mary his wife Died March ye 1762”

The burial register has her death in February.

Their elder son Robert took over Obriss Farm.

[1] https://www.stamboomonderzoek.com/parkhoward/getperson.php?personID=I34654&tree=parkhoward

 

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