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Bakewell Not Eyam

The Elton Marshalls

Some years ago I read a book about Eyam, the Derbyshire village devastated by the plague in 1665, and about how the villagers quarantined themselves to prevent further spread. It was quite a story. Each year on ‘Plague Sunday’, at the end of August, residents of Eyam mark the bubonic plague epidemic that devastated their small rural community in the years 1665–6. They wear the traditional costume of the day and attend a memorial service to remember how half the village sacrificed themselves to avoid spreading the disease further.

My 4X great grandfather James Marshall married Ann Newton in 1792 in Elton. On a number of other people’s trees on an online ancestry site, Ann Newton was from Eyam.  Wouldn’t that have been interesting, to find ancestors from Eyam, perhaps going back to the days of the plague. Perhaps that is what the people who put Ann Newton’s birthplace as Eyam thought, without a proper look at the records.

But I didn’t think Ann Newton was from Eyam. I found she was from Over Haddon, near Bakewell ~ much closer to Elton than Eyam. On the marriage register, it says that James was from Elton parish, and she was from Darley parish. Her birth in 1770 says Bakewell, which was the registration district for the villages of Over Haddon and Darley. Her parents were George Newton and Dorothy Wipperley of Over Haddon,which is incidentally very near to Nether Haddon, and Haddon Hall. I visited Haddon Hall many years ago, as well as Chatsworth (and much preferred Haddon Hall).

I looked in the Eyam registers for Ann Newton, and found a couple of them around the time frame, but the men they married were not James Marshall.

Ann died in 1806 in Elton (a small village just outside Matlock) at the age of 36 within days of her newborn twins, Ann and James.  James and Ann had two sets of twins.  John and Mary were twins as well, but Mary died in 1799 at the age of three.

1796 baptism of twins John and Mary of James and Ann Marshall

Ann’s husband James died 42 years later at the age of eighty,  in Elton in 1848. It was noted in the parish register that he was for years parish clerk.

On the 1851 census John Marshall born in 1796, the son of James Marshall the parish clerk, was a lead miner occupying six acres in Elton, Derbyshire.

His son, also John, was registered on the census as a lead miner at just eight years old.

The mining of lead was the most important industry in the Peak district of Derbyshire from Roman times until the 19th century – with only agriculture being more important for the livelihood of local people. The height of lead mining in Derbyshire came in the 17th and 18th centuries, and the evidence is still visible today – most obviously in the form of lines of hillocks from the more than 25,000 mineshafts which once existed.

Peak District Mines Historical Society

Smelting, or extracting the lead from the ore by melting it, was carried out in a small open hearth. Lead was cast in layers as each batch of ore was smelted; the blocks of lead thus produced were referred to as “pigs”. Examples of early smelting-hearths found within the county were stone lined, with one side open facing the prevailing wind to create the draught needed. The hilltops of the Matlocks would have provided very suitable conditions.

The miner used a tool called a mattock or a pick, and hammers and iron wedges in harder veins, to loosen the ore. They threw the ore onto ridges on each side of the vein, going deeper where the ore proved richer.

Many mines were very shallow and, once opened, proved too poor to develop. Benjamin Bryan cited the example of “Ember Hill, on the shoulder of Masson, above Matlock Bath” where there are hollows in the surface showing where there had been fruitless searches for lead.

There were small buildings, called “coes”, near each mine shaft which were used for tool storage, to provide shelter and as places for changing into working clothes. It was here that the lead was smelted and stored until ready for sale.

Lead is, of course, very poisonous. As miners washed lead-bearing material, great care was taken with the washing vats, which had to be covered. If cattle accidentally drank the poisoned water they would die from something called “belland”.

Cornish and Welsh miners introduced the practice of buddling for ore into Derbyshire about 1747.  Buddling involved washing the heaps of rubbish in the slag heaps,  the process of separating the very small particles from the dirt and spar with which they are mixed, by means of a small stream of water. This method of extraction was a major pollutant, affecting farmers and their animals (poisoned by Belland from drinking the waste water), the brooks and streams and even the River Derwent.

Women also worked in the mines. An unattributed account from 1829, says: “The head is much enwrapped, and the features nearly hidden in a muffling of handkerchiefs, over which is put a man’s hat, in the manner of the paysannes of Wales”. He also describes their gowns, usually red, as being “tucked up round the waist in a sort of bag, and set off by a bright green petticoat”. They also wore a man’s grey or dark blue coat and shoes with 3″ thick soles that were tied round with cords. The 1829 writer called them “complete harridans!”

Lead Mining in Matlock & Matlock Bath, The Andrews Pages

John’s wife Margaret died at the age of 42 in 1847.  I don’t know the cause of death, but perhaps it was lead poisoning.  John’s son John, despite a very early start in the lead mine, became a carter and lived to the ripe old age of 88.

The Pig of Lead pub, 1904:

The earliest Marshall I’ve found so far is Charles, born in 1742. Charles married Rebecca Knowles, 1775-1823.  I don’t know what his occupation was but when he died in 1819 he left a not inconsiderable sum to his wife.

1819 Charles Marshall probate:

There are still Marshall’s living in Elton and Matlock, not our immediate known family, but probably distantly related.  I asked a Matlock group on facebook:

“…there are Marshall’s still in the village. There are certainly families who live here who have done generation after generation & have many memories & stories to tell. Visit The Duke on a Friday night…”

The Duke, Elton:

William Housley’s Will and the Court Case

William Housley died in 1848, but his widow Ellen didn’t die until 1872.  The court case was in 1873.  Details about the court case are archived at the National Archives at Kew,  in London, but are not available online. They can be viewed in person, but that hasn’t been possible thus far.  However, there are a great many references to it in the letters.

William Housley’s first wife was Mary Carrington 1787-1813.  They had three children, Mary Anne, Elizabeth and William. When Mary died, William married Mary’s sister Ellen, not in their own parish church at Smalley but in Ashbourne.  Although not uncommon for a widower to marry a deceased wife’s sister, it wasn’t legal.  This point is mentioned in one of the letters.

One of the pages of William Housley’s will:

An excerpt from Barbara Housley’s Narrative on the Letters:

A comment in a letter from Joseph (August 6, 1873) indicated that William was married twice and that his wives were sisters: “What do you think that I believe that Mary Ann is trying to make our father’s will of no account as she says that my father’s marriage with our mother was not lawful he marrying two sisters. What do you think of her? I have heard my mother say something about paying a fine at the time of the marriage to make it legal.” Markwell and Saul in The A-Z Guide to Tracing Ancestors in Britain explain that marriage to a deceased wife’s sister was not permissible under Canon law as the relationship was within the prohibited degrees. However, such marriages did take place–usually well away from the couple’s home area. Up to 1835 such marriages were not void but were voidable by legal action. Few such actions were instituted but the risk was always there.

Joseph wrote that when Emma was married, Ellen “broke up the comfortable home and the things went to Derby and she went to live with them but Derby didn’t agree with her so she left again leaving her things behind and came to live with John in the new house where she died.” Ellen was listed with John’s household in the 1871 census. 
In May 1872, the Ilkeston Pioneer carried this notice: “Mr. Hopkins will sell by auction on Saturday next the eleventh of May 1872 the whole of the useful furniture, sewing machine, etc. nearly new on the premises of the late Mrs. Housley at Smalley near Heanor in the county of Derby. Sale at one o’clock in the afternoon.”

There were hard feelings between Mary Ann and Ellen and her children. Anne wrote: “If you remember we were not very friendly when you left. They never came and nothing was too bad for Mary Ann to say of Mother and me, but when Robert died Mother sent for her to the funeral but she did not think well to come so we took no more notice. She would not allow her children to come either.”
Mary Ann was still living in May 1872. Joseph implied that she and her brother, Will “intend making a bit of bother about the settlement of the bit of property” left by their mother. The 1871 census listed Mary Ann’s occupation as “income from houses.”

In July 1872, Joseph introduced Ruth’s husband: “No doubt he is a bad lot. He is one of the Heath’s of Stanley Common a miller and he lives at Smalley Mill” (Ruth Heath was Mary Anne Housley’s daughter)
In 1873 Joseph wrote, “He is nothing but a land shark both Heath and his wife and his wife is the worst of the two. You will think these is hard words but they are true dear brother.” The solicitor, Abraham John Flint, was not at all pleased with Heath’s obstruction of the settlement of the estate. He wrote on June 30, 1873: “Heath agreed at first and then because I would not pay his expenses he refused and has since instructed another solicitor for his wife and Mrs. Weston who have been opposing us to the utmost. I am concerned for all parties interested except these two….The judge severely censured Heath for his conduct and wanted to make an order for sale there and then but Heath’s council would not consent….” In June 1875, the solicitor wrote: “Heath bid for the property but it fetched more money than he could give for it. He has been rather quieter lately.”

In May 1872, Joseph wrote: “For what do you think, John has sold his share and he has acted very bad since his wife died and at the same time he sold all his furniture. You may guess I have never seen him but once since poor mother’s funeral and he is gone now no one knows where.”

In 1876, the solicitor wrote to George: “Have you heard of John Housley? He is entitled to Robert’s share and I want him to claim it.”

Anne intended that one third of the inheritance coming to her from her father and her grandfather, William Carrington, be divided between her four nieces: Sam’s three daughters and John’s daughter Elizabeth.
In the same letter (December 15, 1872), Joseph wrote:
“I think we have now found all out now that is concerned in the matter for there was only Sam that we did not know his whereabouts but I was informed a week ago that he is dead–died about three years ago in Birmingham Union. Poor Sam. He ought to have come to a better end than that”

However, Samuel was still alive was on the 1871 census in Henley in Arden, and no record of his death can be found. Samuel’s brother in law said he was dead: we do not know why he lied, or perhaps the brothers were lying to keep his share, or another possibility is that Samuel himself told his brother in law to tell them that he was dead. I am inclined to think it was the latter.

Excerpts from Barbara Housley’s Narrative on the Letters continued:

Charles went to Australia in 1851, and was last heard from in January 1853. According to the solicitor, who wrote to George on June 3, 1874, Charles had received advances on the settlement of their parent’s estate. “Your promissory note with the two signed by your brother Charles for 20 pounds he received from his father and 20 pounds he received from his mother are now in the possession of the court.”

In December 1872, Joseph wrote: “I’m told that Charles two daughters has wrote to Smalley post office making inquiries about his share….” In January 1876, the solicitor wrote: “Charles Housley’s children have claimed their father’s share.”

In the Adelaide Observer 28 Aug 1875

HOUSLEY – wanted information
as to the Death, Will, or Intestacy, and
Children of Charles Housley, formerly of
Smalley, Derbyshire, England, who died at
Geelong or Creewick Creek Diggings, Victoria
August, 1855. His children will hear of something to their advantage by communicating with
Mr. A J. Flint, solicitor, Derby, England.
June 16,1875.

The Diggers & Diggings of Victoria in 1855. Drawn on Stone by S.T. Gill:

The court case:

 Kerry v Housley.
Documents: Bill, demurrer.
Plaintiffs: Samuel Kerry and Joseph Housley.
Defendants: William Housley, Joseph Housley (deleted), Edwin Welch Harvey, Eleanor Harvey (deleted), Ernest Harvey infant, William Stafford, Elizabeth Stafford his wife, Mary Ann Housley, George Purdy and Catherine Purdy his wife, Elizabeth Housley, Mary Ann Weston widow and William Heath and Ruth Heath his wife (deleted).
Provincial solicitor employed in Derbyshire.
Date: 1873

From the Narrative on the Letters:

The solicitor wrote on May 23, 1874: “Lately I have not written because I was not certain of your address and because I doubted I had much interesting news to tell you.” Later, Joseph wrote concerning the problems settling the estate, “You see dear brother there is only me here on our side and I cannot do much. I wish you were here to help me a bit and if you think of going for another summer trip this turn you might as well run over here.”

In March 1873, Joseph wrote: “You ask me what I think of you coming to England. I think as you have given the trustee power to sign for you I think you could do no good but I should like to see you once again for all that. I can’t say whether there would be anything amiss if you did come as you say it would be throwing good money after bad.”

In September 1872 Joseph wrote; “My wife is anxious to come. I hope it will suit her health for she is not over strong.” Elsewhere Joseph wrote that Harriet was “middling sometimes. She is subject to sick headaches. It knocks her up completely when they come on.” In December 1872 Joseph wrote, “Now dear brother about us coming to America you know we shall have to wait until this affair is settled and if it is not settled and thrown into Chancery I’m afraid we shall have to stay in England for I shall never be able to save money enough to bring me out and my family but I hope of better things.”
On July 19, 1875 Abraham Flint (the solicitor) wrote: “Joseph Housley has removed from Smalley and is working on some new foundry buildings at Little Chester near Derby. He lives at a village called Little Eaton near Derby. If you address your letter to him as Joseph Housley, carpenter, Little Eaton near Derby that will no doubt find him.”

In his last letter (February 11, 1874), Joseph sounded very discouraged and wrote that Harriet’s parents were very poorly and both had been “in bed for a long time.” In addition, Harriet and the children had been ill.
The move to Little Eaton may indicate that Joseph received his settlement because in August, 1873, he wrote: “I think this is bad news enough and bad luck too, but I have had little else since I came to live at Kiddsley cottages but perhaps it is all for the best if one could only think so. I have begun to think there will be no chance for us coming over to you for I am afraid there will not be so much left as will bring us out without it is settled very shortly but I don’t intend leaving this house until it is settled either one way or the other. ”

Joseph’s letters were much concerned with the settling of their mother’s estate. In 1854, Anne wrote, “As for my mother coming (to America) I think not at all likely. She is tied here with her property.” A solicitor, Abraham John Flint of 42 Full Street Derby, was engaged by John following the death of their mother. On June 30, 1873 the solicitor wrote: “Dear sir, On the death of your mother I was consulted by your brother John. I acted for him with reference to the sale and division of your father’s property at Smalley. Mr. Kerry was very unwilling to act as trustee being over 73 years of age but owing to the will being a badly drawn one we could not appoint another trustee in his place nor could the property be sold without a decree of chancery. Therefore Mr. Kerry consented and after a great deal of trouble with Heath who has opposed us all throughout whenever matters did not suit him, we found the title deeds and offered the property for sale by public auction on the 15th of July last. Heath could not find his purchase money without mortaging his property the solicitor which the mortgagee employed refused to accept Mr. Kerry’s title and owing to another defect in the will we could not compel them.”

In July 1872, Joseph wrote, “I do not know whether you can remember who the trustee was to my father’s will. It was Thomas Watson and Samuel Kerry of Smalley Green. Mr. Watson is dead (died a fortnight before mother) so Mr. Kerry has had to manage the affair.”

On Dec. 15, 1972, Joseph wrote, “Now about this property affair. It seems as far off of being settled as ever it was….” and in the following March wrote: “I think we are as far off as ever and farther I think.”

Concerning the property which was auctioned on July 15, 1872 and brought 700 pounds, Joseph wrote: “It was sold in five lots for building land and this man Heath bought up four lots–that is the big house, the croft and the cottages. The croft was made into two lots besides the piece belonging to the big house and the cottages and gardens was another lot and the little intake was another. William Richardson bought that.” Elsewhere Richardson’s purchase was described as “the little croft against Smith’s lane.” Smith’s Lane was probably named for their neighbor Daniel Smith, Mrs. Davy’s father.
But in December 1872, Joseph wrote that they had not received any money because “Mr. Heath is raising all kinds of objections to the will–something being worded wrong in the will.” In March 1873, Joseph “clarified” matters in this way: “His objection was that one trustee could not convey the property that his signature was not guarantee sufficient as it states in the will that both trustees has to sign the conveyance hence this bother.”
Joseph indicated that six shares were to come out of the 700 pounds besides Will’s 20 pounds. Children were to come in for the parents shares if dead. The solicitor wrote in 1873, “This of course refers to the Kidsley property in which you take a one seventh share and which if the property sells well may realize you about 60-80 pounds.” In March 1873 Joseph wrote: “You have an equal share with the rest in both lots of property, but I am afraid there will be but very little for any of us.”

The other “lot of property” was “property in Smalley left under another will.” On July 17, 1872, Joseph wrote: “It was left by my grandfather Carrington and Uncle Richard is trustee. He seems very backward in bringing the property to a sale but I saw him and told him that I for one expect him to proceed with it.” George seemed to have difficulty understanding that there were two pieces of property so Joseph explained further: “It was left by my grandfather Carrington not by our father and Uncle Richard is the trustee for it but the will does not give him power to sell without the signatures of the parties concerned.” In June 1873 the solicitor Abraham John Flint asked: “Nothing has been done about the other property at Smalley at present. It wants attention and the other parties have asked me to attend to it. Do you authorize me to see to it for you as well?”
After Ellen’s death, the rent was divided between Joseph, Will, Mary Ann and Mr. Heath who bought John’s share and was married to Mary Ann’s daughter, Ruth. Joseph said that Mr. Heath paid 40 pounds for John’s share and that John had drawn 110 pounds in advance. The solicitor said Heath said he paid 60. The solicitor said that Heath was trying to buy the shares of those at home to get control of the property and would have defied the absent ones to get anything.
In September 1872 Joseph wrote that the lawyer said the trustee cannot sell the property at the bottom of Smalley without the signatures of all parties concerned in it and it will have to go through chancery court which will be a great expense. He advised Joseph to sell his share and Joseph advised George to do the same.

George sent a “portrait” so that it could be established that it was really him–still living and due a share. Joseph wrote (July 1872): “the trustee was quite willing to (acknowledge you) for the portrait I think is a very good one.” Several letters later in response to an inquiry from George, Joseph wrote: “The trustee recognized you in a minute…I have not shown it to Mary Ann for we are not on good terms….Parties that I have shown it to own you again but they say it is a deal like John. It is something like him, but I think is more like myself.”
In September 1872 Joseph wrote that the lawyer required all of their ages and they would have to pay “succession duty”. Joseph requested that George send a list of birth dates.

On May 23, 1874, the solicitor wrote: “I have been offered 240 pounds for the three cottages and the little house. They sold for 200 pounds at the last sale and then I was offered 700 pounds for the whole lot except Richardson’s Heanor piece for which he is still willing to give 58 pounds. Thus you see that the value of the estate has very materially increased since the last sale so that this delay has been beneficial to your interests than other-wise. Coal has become much dearer and they suppose there is coal under this estate. There are many enquiries about it and I believe it will realize 800 pounds or more which increase will more than cover all expenses.” Eventually the solicitor wrote that the property had been sold for 916 pounds and George would take a one-ninth share.

January 14, 1876:  “I am very sorry to hear of your lameness and illness but I trust that you are now better. This matter as I informed you had to stand over until December since when all the costs and expenses have been taxed and passed by the court and I am expecting to receive the order for these this next week, then we have to pay the legacy duty and them divide the residue which I doubt won’t come to very much amongst so many of you. But you will hear from me towards the end of the month or early next month when I shall have to send you the papers to sign for your share. I can’t tell you how much it will be at present as I shall have to deduct your share with the others of the first sale made of the property before it went to court.
Wishing you a Happy New Year, I am Dear Sir, Yours truly
Abram J. Flint”

September 15, 1876 (the last letter)
“I duly received your power of attorney which appears to have been properly executed on Thursday last and I sent it on to my London agent, Mr. Henry Lyvell, who happens just now to be away for his annual vacation and will not return for 14 or 20 days and as his signature is required by the Paymaster General before he will pay out your share, it must consequently stand over and await his return home. It shall however receive immediate attention as soon as he returns and I hope to be able to send your checque for the balance very shortly.”

1874 in chancery:

Gladstone Road

My mother remembers her grandfather Samuel Warren’s house at 3 Gladstone Road, Stourbridge. She was born in 1933, so this would be late 1930s early 1940s.

“Opening a big wooden gate in a high brick wall off the sidewalk I went down a passage with a very high hedge to the main house which was entered on this side through a sort of glassed-in lean-to then into the dark and damp scullery and then into a large room with a fireplace which was dining room and living room for most of the time. The house was Georgian and had wooden interior shutters at the windows. My Grandad sat by the fire probably most of the day. The fireplace may have had an oven built over or to the side of the fire which was common in those days and was used for cooking.
That room led into a hall going three ways and the main front door was here. One hall went to the pantry which had stone slabs for keeping food cool, such a long way from the kitchen! Opposite the pantry was the door to the cellar. One hall led to two large rooms with big windows overlooking the garden. There was also a door at the end of this hallway which opened into the garden. The stairs went up opposite the front door with a box room at the top then along a landing to another hall going right and left with two bedrooms down each hall.
The toilet got to from the scullery and lean-to was outside down another passage all overgrown near the pigsty. No outside lights!
On Christmas day the families would all have the day here. I think the menfolk went over to the pub {Gate Hangs Well?} for a drink while the women cooked dinner. Chris would take all the children down the dark, damp cellar steps and tell us ghost stories scaring us all. A fire would be lit in one of the big main rooms {probably only used once a year} and we’d sit in there and dinner was served in the other big main room. When the house was originally built the servants would have used the other room and scullery.
I have a recollection of going upstairs and into a bedroom off the right hand hall and someone was in bed, I thought an old lady but I was uncomfortable in there and never went in again. Seemed that person was there a long time. I did go upstairs with Betty to her room which was the opposite way down the hall and loved it. She was dating lots of soldiers during the war years. One in particular I remember was an American Army Officer that she was fond of but he was killed when he left England to fight in Germany.
I wonder if the person in bed that nobody spoke about was an old housekeeper?
My mother used to say there was a white lady who floated around in the garden. I think Kay died at Gladstone Road!”

Samuel Warren, born in 1874 in Newhall, Derbyshire, was my grandmothers father.  This is the only photograph we’ve seen of him (seated on right with cap).  Kay, who died of TB in 1938, is holding the teddy bear. Samuel died in 1950, in Stourbridge, at the age of 76.

Left to right: back row: Leslie Warren. Hildred Williams / Griffiths (Nee Warren). Billy Warren. 2nd row: Gladys (Gary) Warren. Kay Warren (holding teddy bear). Samuel Warren (father). Hildred’s son Chris Williams (on knee). Lorna Warren. Joan Williams. Peggy Williams (Hildreds daughters). Jack Warren. Betty Warren.

Border Straddlers of The Midlands

It has become obvious while doing my family tree that I come from a long line of border straddlers.  We seem to like to live right on the edge of a county, sometimes living on one side of the border, sometimes on the other.  What this means is that for every record search, one must do separate searches in both counties.

The Purdy’s and Housley’s of Eastwood and Smalley are on the Derbyshire Nottinghamshire border.   The Brookes in Sutton Coldfield are on the Staffordshire Warwickshire border.  The Malkins of Ellastone and Ashbourne are on the Staffordshire Derbyshire border, as are the Grettons and Warrens of Burton Upon Trent. The Warrens and Grettons of  Swadlincote are also on the Leicestershire border, and cross over into Ashby de la Zouch.

I noticed while doing the family research during the covid restrictions that I am a border straddler too.  My village is half in Cadiz province and half in Malaga, and if I turn right on my morning walk along the dirt roads, I cross the town boundary into Castellar, and if I turn left, I cross into San Roque.  Not to mention at the southern tip of Spain, I’m on the edge of Europe as well.

More recent generations of the family have emigrated to Canada, USA, South Africa, Australia, and Spain, but researching further back, the family on all sides seems to have stuck to the midlands, like a dart board in the middle of England, the majority in Derbyshire, although there is one family story of Scottish blood.