btsarnia

A tribute to the life and work of Brian Torode

Berkeley Poaching Affray – Who were the Haywards?

Richard Byrd and I have been searching for more information about John and Thomas Hayward prior to the affray?  We know that they were brothers and sons of a Moreton farmer, but we do not know who their father actually was or where they were born. It is important to know these details before we can explore whether the brothers followed Anthony Barton to the United States of America.

Looking at the local Parish Registers there are two sets of possible candidates:

England Births and Christenings, 1538-1975

Name: John Hayward
Gender: Male
Christening Date: 27 Aug 1782
Christening Date (Original): 27 AUG 1782
Christening Place: HAWKESBURY
Father’s Name: James Hayward
Mother’s Name: Mary

Thomas Hayward

England Births and Christenings, 1538-1975

Name: Thomas Hayward
Gender: Male
Christening Date: 06 Dec 1789
Christening Date (Original): 06 DEC 1789
Christening Place: HAWKESBURY
Father’s Name: James Hayward
Mother’s Name: Mary

or

John Hayward

England Births and Christenings, 1538-1975

Name: John Hayward
Residence Place: Olveston
Gender: Male
Christening Date: 05 May 1783
Christening Date (Original): 05 May 1783
Christening Place: Olveston
Father’s Name: Robert Hayward
Mother’s Name: Elizabeth

Thomas Hayward

England Births and Christenings, 1538-1975

Residence Place: Olveston, Gloucester, England
Gender: Male
Christening Date: 23 Aug 1793
Christening Date (Original): 23 Aug 1793
Christening Place: Olveston
Father’s Name: Robert Hayward
Mother’s Name: Elizabeth
Looking at page 26 of Edwin J. Ford’s book, ‘The Great Berkeley Poaching Affray of 1816’, of 2005, we discover the following in the first paragraph, nearing the bottom, where the author is talking about the order of arrival at Allen’s house:
“From this direction too, came the brothers John and Thomas Hayward of Upper Morton.”
On page 154, second paragraph, we read that it was Thomas and William Hayward that absconded.
“We know that the brothers Hayward, Thomas and William, also absconded but no trace has ever been found of them.  It is known that before making good their escape, the elder of the two made over his inheritance to his youngest Brother, who was not in any way implicated in the affray.”
Five Brothers:
William Hayward (participated in the poaching affray)
Thomas Hayward (participated in the poaching affray)
John Hayward (attended gathering at Allen’s house with Thomas, but did not participate in the poaching affray)
Richard Hayward (Administrator of Thomas’s will)
Robert Hayward (Administrator of Thomas’s will)

 

From Family Wills then, we know that there were at least seven Hayward siblings, the five brothers and also two sisters, Sarah and Martha.

Hawkesbury:
Parents:  James & Mary Hayward
Sarah Hayward 25 April 1779
William Hayward 29 October 1780
John Hayward 27 August 1782
Thomas Hayward 6 December 1789
Richard Hayward September 1792
Missing
Martha Hayward?
Robert Hayward?
Olveston
Parents:  Robert & Elizabeth Hayward
Sarah Hayward 6 June 1784
Elizabeth Hayward 16 August 1789 (same parents but not in will)
John Hayward 5 May 1783
Robert Manself Hayward 21 July 1790
Thomas Hayward 23 August 1793
Missing
Martha Hayward?
William Hayward?
Richard Hayward?
Thornbury
Parents:  Robert & Elizabeth Hayward
Martha Hayward 5 July 1780
However, when we look at the wills then further problems arise as John Hayward’s Will of 1790 is inconsistent with the John Hayward (christened 27 August 1782 Hawkesbury) and the John Hayward (christened 5 May 1783 Olveston).  Neither of them would have a large estate and will.
Were the Haywards a lot older than the others involved in the affray?
Did the Hayward’s Father marry twice, giving a larger year difference in ages among his children?
Are John and his siblings (will of 1790) of a different generation than the John, William and Thomas mentioned in Edwin Ford’s book?
Based on John’s will, we now question the Hawkesbury and Olveston Hayward lists.

Transcriptions of the Hayward Wills by Richard Byrd:

1. The Will of John Hayward

Thomas is named executor of John Hayward’s will of 1790.
William and Thomas participate in the affray and escape in 1816.
In 1821, Robert and Richard have Thomas declared deceased and become administrators of his estate?
Did John, if he was still alive in 1816, name another executor or did Robert and Richard become Administrators of both Thomas and John’s estate?

This is the Last Will and Testament of me John Hayward of Moorton in the

Parish of Thornbury in the county of Gloucester Yeoman  I Give and Devise unto my

eldest Brother Thomas Hayward  All that my Customary Messuage or Tenement wherein I

now dwell with the Gardens orchard and the several Closes Pieces & Parcells of Ground Land

& Premisses situate lying & being in the Tything of Moorton within the Manor & Parish of

Thornbury in the said County and Containing two ?????????? Yards of Customary Land And
also one Customary Piece or Parcell of Meadow or Pasture formerly call the New Leaze Cont by

Est three Acres (be it more or less) now lying open to & in the Northward part of a Customary

Close of Ground of me the said John Hayward called Cowcroft alias the Great Leaze lying & being

in the Tything of Oldbury upon Seavern within the said Manor   And also One Parcell of

Meadow Cont by Est One Acre (be it more or less) lying open in the Northeastward part of

a Close of Ground of me the said John Hayward Called Sparple lying & being in the said
Tything of Moorton within the said Manor   And also all that One Acre of Meadow (be it

more or less) lying open in the Northwestward part of the said Close Called Sparple lying &

being in the said Tything of Moorton with the said Manor  And all which said Messuage

or Tenement Closes Lands Two yards Land Pieces of or Parcells of Ground & Premisses I

have this day Surrendered to the Uses of my Will To Hold to my said Brother Thomas

Hayward his heirs & Assigns forever Charged and Chargeable Nevertheless & I do hereby

Subject & Charge the same with the Payment thereout of One Annuity clear Yearly

Rent Charge or Sun of Fifteen Pounds of lawful money of Great Britain (free of all

deductions whatever) unto my Sister Sarah from the day of my decease during her

natural life & to be paid her half Yearly by equal portions the first Payment thereof

to begin & be made on that day Six Months according to (the) Calendar which shall next

happen after my decease – I Give & Devise to my Brother Robert Hayward All

that Toft or place where a Messuage formerly stood & the Ground formerly an Orchard

belonging thereto Two Closes of Meadow or Pasture thereto adjoining or belonging

Cont by Est Six Acres (be they more or Less) And Ten Ridges of Land Cont by Est One

acre and a half (be the same more or less) lying open in the Westward part of a

Close of me the said John Hayward called Stoneyard  All which said Toft Closes ofgrod

Ridges ofLand & Premisses last mentioned are lying and being in the said Tything

of Oldbury upon Seavern within the said Manor of Thornbury & which I have also

this day Surrendered to the uses of my Will To Hold to my said Brother Robert

Hayward his heirs & Assigns for ever —  I Give to my Brother Richard Hayward

(Tanner)  All that Customary Messuage or Tenement wherein the said Richard Hayward

doth now inhabit with the Garden Orchard and the several Closes ofGround Lands &

Premisses thereto belonging Containing a quarter of a yard of Customary Land

 

1                                              John Hayward

 

(In the Margin)

Witnesses ͠

John Holmes

James Cullimore

Geo. Rolph Junr

lying & being at or near a place called Crossways in the Tything of Kington within the

said Manor of Thornbury & County of Gloucester and which I have also this day Surrendered

to the uses of my Will To Hold to my said Brother Richard Hayward his heirs & Assigns

for ever Charged & Chargeable nevertheless & I do hereby Subject & Charge the same

with the Payment thereout of One Annuity clear Yearly Rent Charge or Sum of

Fifteen Pounds of lawful money of Great Britain (free of all deductions) unto

my Sister Martha Hayward from the day of my decease during her natural life &

to be paid her half Yearly by equal portions the first payment thereof to begin &

be made on that day Six Months according to the Calendar which shall next happen

after my decease  And I hereby Give to my said sisters Sarah & Martha ^ respectively ^ full &

Power & Authority to enter into & upon the said several Heredits & Premisses

Charged with the Payment of the said several Annuities and distrain the Goods &

Chattels there respectively from time to time found & treat such Distress or

Distresses as in cases of Distress & Sale for Non payment of Rent in Arrear In

case? such several Annuities shall not be paid on the several days they become

due or in Ten days then next respectively following – I Give & Devise to my

said Brother Robert Hayward  All that Freehold Messuage or Tenement wherein Isaac

Hollester lately Inhabited but now void with the Garden Orchard & Appurts thereto

belonging situate in the Manor & Parish of Olveston in the said county and which I

Purchased in the fee of the Trustees of John Gayner, Apothecary deced  And also that

freehold Messuage or Tenement and Watergrist Mill called Lodestone’s Mill with

the Garden Orchard & Appurts thereto belonging situate in the Parish of Olveston

aforesaid in the said County of Gloucester now in the Tenure or Occupation ofmy

said Brother Robert & which I Purchased in fee Simple of Joseph Pusi and

Mary his Wife  To Hold to and to the use of the said Robert Hayward my

Brother his heirs and Assigns for ever – I Give to my said Brother Robert

Hayward the Sum of forty Pounds to be paid him at the end of Six Months

next after my decease.  I Remit and Release unto my said Brother Richard

Hayward all such Sum or Sums of Money as he shall be owe or be Indebted to me

at my decease for Rent or on any other Amount whatsoever  And as to all (the)

rest and residue of my Goods Chattels Rights & Credits and other Personal

Estate and Effects whatsoever I Give & Bequeath the same to my said Brother

Thomas Hayward and I do hereby Nominate and appoint the said Thomas

Hayward to be Sole Executor of this my Last Will and Testament hereby revoking

 

2                                  John Hayward

 

(In the Margin)

Witnesses ͠

John Holmes

James Cullimore

Geo. Rolph Junr.
all former Wills or Testaments by me made  Provided Nevertheless & it is my

express Will and meaning and I hereby Declare That the several Devises Gifts Bequests

and Charges to or in favor of my said Brother ^ & Sisters ^ Thomas, Robert, Richard, Sarah & Martha

are and shall be taken and accepted of in full and complete Recompence and

Satisfaction of & for all and every Claim and Claims and demand whatsoever

which they or any or either of them can shall or may at any time or times here after

make or Set up upon or against the personal Estate and Effects of my late father

and Mother decd or wither of them or against my Personal Estate for or on Account

of their respective Distributive or other Share or Shares of in or to such Personal

Estate & Effects of my said late father and  ^ Mother ^ father & each or either of them (which

Personal Estate & Effects I possessed myself of) or on any other Account or Pretence

whatsoever  In Witness whereof I have to  ^ the two first sheets of ^ this my Last Will and

Testament (the same being contained in this and the two preceding sheets of

paper) Set my Hand and to this third and last Sheet my hand & Seal the Twenty

Seventh day of August in the year of our Lord One Thousand Seven Hundred &

Ninety ͠

 

Signed Sealed Published & Declared by the said Testator John   }                John Hayward     (Seal)

Hayward as & for his Last Will & Testament in the Presence        }

of us who in his Presence at his request & in the Presence of      }

each other have hereunder Subscribed our Names as Witnesses}

 

thereto.  ͠                                John Holmes                                          }

James Cullimore

Geo. Rolph Junr.

 

3


2. The Administration of Thomas Hayward’s Estate:

1

EDWARD THOMAS MARCH PHILLIPS, master of Aris, Vicar General

in Spirituals of the Honourable and Right Reverend Father in God, Henry, by Divine Permission Lord Bishop of

GLOUCESTER, and of his Episcopal Consistory Official Principal lawfully constituted, to our beloved in Christ Richard

Slade & Michael Terry Clerks GREETING, We do by these Presents commit our Power and Authority

to you, jointly and severally (in whose fidelity we fully confide), to receive the corporal oath of Robert Hayward the Elder

and Richard Hayward the Brothers of Thos. Hayward late of the Parish of Thornbury in the County

and Diocese of Gloucester, Yeoman deceased, well and faithfully to administer the Goods, Chattels, and

Credits of the said deceased; also to exhibit an Inventory, and render an Account, according to the Tenor of the un-

der-written Oath; and also to see the Bond hereunto annexed duly executed by the said Robert Hayward and

^ Richard Hayward ^ together with two good and sufficient Sureties; and what shall be done in the Premises, by virtue of these Presents, ye shall

duly certify the same to us, our Surrogate, or some other competent Judge in this Behalf, together with these Presents,

and the said Bond hereunto annexed, duly executed as aforesaid, on or before the last Day of February

instant otherwise this Commission to be void and of none Effect.  GIVEN under the Seal of our Office, this

Seventh Day of February in the Year of our Lord One Thousand eight Hundred and

Twenty one –                                           Tho Gardner DReg

 

 

 

THE OATH.

Mr Robert Hayward                    severally

the Elder                                 YOU DO ^ SWEAR, That you believe Thomas Hayward late of the Parish of Thornbury in the

and                         County and Diocese of Gloucester, Yeoman lately died without making any last Will or Testament that you know of;

Mr Richard Hayward               That you are the natural and Lawful Brothers – That you will well and faithfully administer the

Goods, Chattels, Rights, and Credits of the said deceased, by first paying the Debts, or so far as the same will thereto

extend and the Law charge you: That you will exhibit into the Registry of the Lord Bishop of Gloucester, a true and

perfect Inventory of all and singular the Goods, Chattels, and Credits of the said deceased, and render a just and true

Account of your Administration thereof, when you shall be lawfully required so to do.  You do also swear, that the

personal Property of the said deceased at the time of his Death, did not amount in Value to the Sum of Four

hundred and fifty pounds –

 

SO HELP YOU GOD—KISS THE BOOK.

 

 

On the sixteenth Day of February 1821}

the above-named Robert Hayward ^ and Richard Hayward were ^ was duly sworn,}

according to the Tenor of the above-written Commission and

Oath, by and before me

M Terry ͠

Commissioner.

 

 

2

 

Know All Men by these Presents that We Robert Hayward

the Elder and Richard Hayward both of the parish of Thornbury

in the County of Gloucester Yeomen Samuel Penduck of the same

parish Carpenter and James Morgan of Oldbury upon Severn

within the same parish Yeoman

 

are held and firmly bound unto the Honble Right Revd

Henry Lord Bishop of Gloucester —

in Nine hundred pounds

of good and lawful Money of Great Britain to be paid unto the said Lord

Bishop – or to his certain Attorney his Executors Adminis

trators or Assigns To which Payment well and truly to be made We oblige ourselves

and each of us by himself in and for the whole our and

each and every of our Heirs Executors and Administrators firmly by

these Presents Sealed with our Seals dated the sixteenth day of

February in the Second Year of the Reign of our Sove=

reign Lord George the Fourth by the Grace of God of the United

Kingdom of Great Britain and Ireland Kind Defender of the Faith &c And

in the Year of our Lord One Thousand Eight Hundred and twenty one

 

The Condition of this Obligation is such That if the above bounden

Robert Hayward & Richard Hayward Administrators of all and singular the Goods

Chattles and Credits of Thomas Hayward —- deceased do

make or cause to be made a true and perfect Inventory of all and singular the Goods

Chattles and Credits of the said deceased which have or shall come to the Hands

Possession or Knowledge of them the said Robert Hayward & Richard

Hayward or into the Hands and Possession of any Person or Persons for

them and the same so made do exhibit or cause to be exhibited into the Registry

of the Lord Bishop of Gloucester – at or before the

last day of March next ensuing and the same Goods

Chattles and Credits and all other the Goods Chattles 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 Hayward Richard Hayward or into the hands

and Possession of any other Person or Persons for them do well and truly administer

according to Law.  And further do make or cause to be made a true and just Accompt

of their said Administration at or before the last day of February  (the)22

and all the Rest and Residue of the said Goods Chattles and Credits which shall

be found remaining upon the said Administrators.  Accompt the same being first

examined and allowed of by the Judge or Judges for the time being of the said

Court 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 a later Act of Parliament made in the two and twentieth and three and

twentieth Years of the Reign of our late Sovereign Lord Kind Charles the Second

intituled 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 Hayward & Richard Hayward –

above bounden being thereunto required do render and deliver the said Letters of

Administration (Approbation of such Testament being first had and made) in the

said Court then this Obligation to be void or due to remain in full Force and Virtue

Sealed and delivered

in the presence of                                                    Robert Heyward

M Terry                                                                       Richd Hayward

Saml Penduck

James Morgan


3. The Will of Richard Hayward

There is a Thornbury marriage by licence  (25 January 1796) for Richard Hayward and his wife, Sarah Mills. In Sarah’s will, she names her nephews Matthew and Thomas Mills.
Written:  16 February 1815
Proved:  29 November 1822 
He left everything to Sarah his Wife.
Wittnesses:  Henry Bingham, Joseph Laver and John Cullimore.

 

This is the Last Will and Testament of

me Richard Hayward of Thornbury in the county of Gloucester Gentleman

I give and devise to Sarah my Wife all that my freehold messuage or

Tenement wherein I now dwell with the gardens orchards buildings

and appurtenances thereto belonging situate at or near Thornbury

aforesaid and all other my freehold estate whatsoever to hold to the said

Sarah my Wife her heirs and Assigns for ever I give and devise to

the said Sarah my Wife all that my Copyhold or customary messuage

or tenement wherein I formerly dwelt with the gardens orchards and

the several closes of ground lands and hereditaments thereto belonging

situate at or near Crossways in the Tything of Kington within the

Manor of Thornbury in the said county and all other my copyhold

and customary estate whatsoever and which I have surrendered to

the uses of my Will to hold to the said Sarah my Wife her heirs and

assigns for ever and all and singular my goods chattels and personal

estate whatsoever I give to the said Sarah my Wife and I hereby

constitute and appoint the said Sarah my Wife sole Executrix of this

my last Will and Testament In Witness whereof I have hereto set

my hand and seal the sixteenth day of February in the year of our

Lord one thousand eight hundred and fifteen Richd. Hayward (LS)

Signed sealed published and declared by the Testator Richard Hayward

as and for his last Will and Testament in the presence of us who in his

presence at his request and in the presence of each other subscribed

our names as Witnesses hereto  Henry Bingham # Joseph Laver # John

Cullimore all of the Parish of Thornbury #

Proved at London 29th November 1822 before the Judge by the

oaths of Sarah Hayward Widow the Relict and sole Executrix to who

admon was granted having been first sworn duly to Admr.

 

(Top Left Margin)

Richard

Hayward

4


4. The Will of Sarah Hayward 

Written:  6 July 1843
Heirs  Nephews – Matthew Mills and Thomas Mills
Appointed Executors:  Richard Scarlett, Gentleman and Henry Hignell, Shopkeeper
Witnesses:  (Thos Harney), Edward Williams
23 December 1844
Richard Scarlett and Henry Hignell renounced probate and it was granted to Matthew Mills.

This is the Last Will and Testament

of me Sarah Hayward of Thornbury in the county of Gloucester

Widow  I give and devise all that my messuage or dwellinghouse

commonly called the (Porch) House with the outbuildings garden

orchard Close of Ground and premises thereto adjoining and be-

longing situate in the Borough of Thornbury aforesaid and how

in my own occupation with the appurtenances and all other my

real estate of which I have power to dispose by this my will

unto my nephew Mathew Mills his heirs and assigns for ever

Subject to the payment of all principal moneys and interest

which shall be due and owing from me and secured thereon at

the time of my decease  I give to my nephew Thomas Mills the

sum of forty pounds  I give and bequeath unto the said Mathew

Mills and my nephew Thomas Mills all and singular my house

hold goods and furniture moneys securities for money (personal)

(estate) and effects of every nature and kind to be equally divided be

tween them subject to the payment of my funeral expences the

charges of proving this my will and any debts and the legacy here-

in before given, except and to be (       ) from the payment of all

mortgage (debts) and interest/ I appoint Richard Scarlett Gentleman

and Stephen Hignell Shopkeeper both of Thornbury aforesaid to be-

joint Executors of this my will And I do hereby revoke all former

Will and Testaments by me made In witness whereof I have

hereunto set my hand the twenty sixth day of July in the year of

our Lord one thousand eight hundred and forty three # (Sarah’s marks)

The writing or marks of Sarah Hayward # Signed and declared by the

said Testatrix Sarah Hayward as and for her Last Will and Testa-

ment in the presence of us present at the same time who in her

presence at her request and in the presence of each other have here-

unto subscribed our names as witnesses thereto the words ‘I give

my Nephew Thomas Mills the sum of forty pounds’ and the

words ‘and the legacy herein before given’ having been first inter-

lined and the words ‘and my Nephew Thomas Mills’ – ‘to be equal-

ly divided between them’ and the words beginning with ‘except’

and ending with ‘interest’ having been first obliterated # (Thos Harney a)

(clerk to Mr Scarlett) Thornbury # Edward Williams (Thornby) Butcher #

On the 23rd December 1844 Admon (with the will annexed) of the

goods chattels and credits of Sarah Hayward last of Thornbury in

the County of Gloucester Widow deceased was granted to Matthew in

the will written Mathew Mills the nephew of the said deceased

 

and the residuary legatee named in the said will he having been

first sworn by Commission duly to administer Richard Scarlett and

Stephen Hignell the Executors named in the said Will having re-

(?)nounced the probate and execution thereof as by Acts of Court appears

 

(Top Right Margin)

Sarah

Hayward

5


 

Conclusions

Richard and I seem to have come to a dead end but we would welcome information that others may have gleaned. It certainly appears that the Haywards did not leave much of a document trail and we guess that is why there is not much on them in Edwin Ford’s book.

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