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Tomlinson of Wergs and Hancox of Penn

 

John Tomlinson of Wergs (Tettenhall, Wolverhamton) 1766-1844, my 4X great grandfather, married Sarah Hancox 1772-1851. They were married on the 27th May 1793 by licence at St Peter in Wolverhampton.
Between 1794 and 1819 they had twelve children, although four of them died in childhood or infancy. Catherine was born in 1794, Thomas in 1795 who died 6 years later, William (my 3x great grandfather) in 1797, Jemima in 1800, John, Richard and Matilda between 1802 and 1806 who all died in childhood, Emma in 1809, Mary Ann in 1811, Sidney in 1814, and Elijah in 1817 who died two years later.

On the 1841 census John and Sarah were living in Hockley in Birmingham, with three of their children, and surgeon Charles Reynolds. John’s occupation was “Ind” meaning living by independent means. He was living in Hockley when he died in 1844, and in his will he was “John Tomlinson, gentleman”.

Sarah Hancox was born in 1772 in Penn, Wolverhampton. Her father William Hancox was also born in Penn in 1737. Sarah’s mother Elizabeth Parkes married William’s brother Francis in 1767. Francis died in 1768, and in 1770 Elizabeth married William.

William’s father was William Hancox, yeoman, born in 1703 in Penn. He died intestate in 1772, his wife Sarah claiming her right to his estate. William Hancox and Sarah Evans, both of Penn, were married on the 9th December 1732 in Dudley, Worcestershire, by “certificate”. Marriages were usually either by banns or by licence. Apparently a marriage by certificate indicates that they were non conformists, or dissenters, and had the non conformist marriage “certified” in a Church of England church.

1732 marriage of William Hancox and Sarah Evans:

 

William and Sarah lost two daughters, Elizabeth, five years old, and Ann, three years old, within eight days of each other in February 1738.

 

William the elder’s father was John Hancox born in Penn in 1668. He married Elizabeth Wilkes from Sedgley in 1691 at Himley. John Hancox, “of Straw Hall” according to the Wolverhampton burial register, died in 1730. Straw Hall is in Penn. John’s parents were Walter Hancox and Mary Noake. Walter was born in Tettenhall in 1625, his father Richard Hancox. Mary Noake was born in Penn in 1634. Walter died in Penn in 1689.

Straw Hall thanks to Bradney Mitchell:
“Here is a picture I have of Straw Hall, Penn Road.
The painting is by John Reid circa 1878.
Sketch commissioned by George Bradney Mitchell to record the town as it was before its redevelopment, in a book called Wolverhampton and its Environs. ©”

 

And a photo of the demolition of Straw Hall with an interesting story:

 

In 1757 a child was abandoned on the porch of Straw Hall.  Aris’s Birmingham Gazette 1st August 1757:

 

The Hancox family were living in Penn for at least 400 years. My great grandfather Charles Tomlinson built a house on Penn Common in the early 1900s, and other Tomlinson relatives have lived there. But none of the family knew of the Hancox connection to Penn. I don’t think that anyone imagined a Tomlinson ancestor would have been a gentleman, either.

 

Sarah Hancox’s brother William Hancox 1776-1848 had a busy year in 1804.
On 29 Aug 1804 he applied for a licence to marry Ann Grovenor of Claverley.
In August 1804 he had property up for auction in Penn. “part of Lightwoods, 3 plots, and the Coppice”
On 14 Sept 1804 their first son John was baptised in Penn. According to a later census John was born in Claverley.  (before the parents got married)

(Incidentally, John Hancox’s descendant married a Warren, who is a descendant of my 4x great grandfather Samuel Warren, on my mothers side,  from Newhall, Derbyshire!)

On 30 Sept he married Ann in Penn.
In December he was a bankrupt pig and sheep dealer.
In July 1805 he’s in the papers under “certificates”: William Hancox the younger, sheep and pig dealer and chapman of Penn. (A certificate was issued after a bankruptcy if they fulfilled their obligations)
He was a pig dealer in Penn in 1841, a widower, living with unmarried daughter Elizabeth.

 

Sarah’s father William Hancox died in 1816. In his will, he left his “daughter Sarah, wife of John Tomlinson of the Wergs the sum of £100 secured to me upon the tolls arising from the turnpike road leading from Wombourne to Sedgeley to and for her sole and separate use”.
The trustees of toll road would decide not to collect tolls themselves but get someone else to do it by selling the collecting of tolls for a fixed price. This was called “farming the tolls”. The Act of Parliament which set up the trust would authorise the trustees to farm out the tolls. This example is different. The Trustees of turnpikes needed to raise money to carry out work on the highway. The usual way they did this was to mortgage the tolls – they borrowed money from someone and paid the borrower interest; as security they gave the borrower the right, if they were not paid, to take over the collection of tolls and keep the proceeds until they had been paid off. In this case William Hancox has lent £100 to the turnpike and is leaving it (the right to interest and/or have the whole sum repaid) to his daughter Sarah Tomlinson. (this information on tolls from the Wolverhampton family history group.)

William Hancox, Penn Wood, maltster, left a considerable amount of property to his children in 1816. All household effects he left to his wife Elizabeth, and after her decease to his son Richard Hancox: four dwelling houses in John St, Wolverhampton, in the occupation of various Pratts, Wright and William Clarke. He left £200 to his daughter Frances Gordon wife of James Gordon, and £100 to his daughter Ann Pratt widow of John Pratt. To his son William Hancox, all his various properties in Penn wood. To Elizabeth Tay wife of Thomas Tay he left £200, and to Richard Hancox various other properties in Penn Wood, and to his daughter Lucy Tay wife of Josiah Tay more property in Lower Penn. All his shops in St John Wolverhamton to his son Edward Hancox, and more properties in Lower Penn to both Francis Hancox and Edward Hancox. To his daughter Ellen York £200, and property in Montgomery and Bilston to his son John Hancox. Sons Francis and Edward were underage at the time of the will.  And to his daughter Sarah, his interest in the toll mentioned above.

Sarah Tomlinson, wife of John Tomlinson of the Wergs, in William Hancox will:

William Tomlinson

1797-1867

 

The Tomlinsons of Wolverhampton were butchers and publicans for several generations. Therefore it was a surprise to find that William’s father was a gentleman of independant means.

William Tomlinson 1797-1867 was born in Wergs, Tettenhall. His birthplace, and that of his first four children, is stated as Wergs on the 1851 census. They were baptised at St Michael and All Angels church in Tettenhall Regis, as were many of the Tomlinson family including William.

Tettenhall, St Michael and All Angels church:

 

Wergs is a very small area and there was no other William Tomlinson baptised there at the time of William’s birth. It is of course possible that another William Tomlinson was born in Wergs and the record of the baptism hasn’t been found, but there are a number of other documents that prove that John Tomlinson, gentleman of Wergs, was Williams father.

In 1834 on the Shropshire Quarter session rolls there are two documents regarding William. In October 1834 William Tomlinson of Tettenhall, son of John, took an examination. Also in October of 1834 there is a reconizance document for William Tomlinson for “pig dealer”. On the marriage certificate of his son Charles Tomlinson to Emma Grattidge (mistranscribed as Pratadge) in 1872, father William’s occupation is “dealer”.

William Tomlinson was a witness at his sister Catherine and Benjamin Smiths wedding in 1822 in Tettenhall. In John Tomlinson’s 1844 will, he mentions his “daughter Catherine Smith, wife of Benjamin Smith”. William’s signature as a witness at Catherine’s marriage matches his signature on the licence for his own marriage to Elizabeth Adams in 1827 in Shareshill, Staffordshire.

William’s signature on his wedding licence:

Williams signature as a witness to Catherine’s marriage:

 

William was the eldest surviving son when his father died in 1844, so it is surprising that William only inherited £25. John Tomlinson left his various properties to his daughters, with the exception of Catherine, who also received £25.  There was one other surviving son, Sidney, born in 1814. Three of John and Sarah Tomlinson’s sons and one daughter died in infancy. Sidney was still unmarried and living at home when his father died, and in 1851 and 1861 was living with his sister Emma Wilson. He was unmarried when he died in 1867. John left Sidney an income for life in his will, but not property.

In John Tomlinson’s will he also mentions his daughter Jemima, wife of William Smith, farmer, of Great Barr. On the 1841 census William, butcher, is a visitor. His two children Sarah and Thomas are with him. His wife Elizabeth and the rest of the children are at Graisley Street. William is also on the Graisley Street census, occupation castrator. This was no doubt done in error, not realizing that he was also registered on the census where he was visiting at the time.

William’s wife, Elizabeth Adams, was born in Tong, Shropshire in 1807. The Adams in Tong appear to be agricultural labourers, at least on later censuses. Perhaps we can speculate that John didn’t approve of his son marrying an agricutural labourers daughter. Elizabeth would have been twenty years old at the time of the marriage; William thirty.

Thomas Josiah Tay

22 Feb 1816 – 16 November 1878

 

“Make us glad according to the days wherein thou hast afflicted us, and the years wherein we have seen evil.”

 

I first came across the name TAY in the 1844 will of John Tomlinson (1766-1844), gentleman of Wergs, Tettenhall. John’s friends, trustees and executors were Edward Moore, surgeon of Halesowen, and Edward Tay, timber merchant of Wolverhampton.

 

 

Edward Moore (born in 1805) was the son of John’s wife’s (Sarah Hancox born 1772) sister Lucy Hancox (born 1780) from her first marriage in 1801. In 1810 widowed Lucy married Josiah Tay (1775-1837).

Edward Tay was the son of Sarah Hancox sister Elizabeth (born 1778), who married Thomas Tay in 1800. Thomas Tay (1770-1841) and Josiah Tay were brothers.

Edward Tay (1803-1862) was born in Sedgley and was buried in Penn. He was innkeeper of The Fighting Cocks, Dudley Road, Wolverhampton, as well as a builder and timber merchant, according to various censuses, trade directories, his marriage registration where his father Thomas Tay is also a timber merchant, as well as being named as a timber merchant in John Tomlinsons will.

John Tomlinson’s daughter Catherine (born in 1794) married Benjamin Smith in Tettenhall in 1822. William Tomlinson (1797-1867), Catherine’s brother, and my 3x great grandfather, was one of the witnesses.

 

Their daughter Matilda Sarah Smith (1823-1910) married Thomas Josiah Tay in 1850 in Birmingham. Thomas Josiah Tay (1816-1878) was Edward Tay’s brother, the sons of Elizabeth Hancox and Thomas Tay.

Therefore, William Hancox 1737-1816 (the father of Sarah, Elizabeth and Lucy), was Matilda’s great grandfather and Thomas Josiah Tay’s grandfather.

 

Thomas Josiah Tay’s relationship to me is the husband of first cousin four times removed, as well as my first cousin, five times removed.

 

In 1837 Thomas Josiah Tay is mentioned in the will of his uncle Josiah Tay.

 

In 1841 Thomas Josiah Tay appears on the Stafford criminal registers for an “attempt to procure miscarriage”. He was found not guilty.

According to the Staffordshire Advertiser on 14th March 1840 the listing for the Assizes included: “Thomas Ashmall and Thomas Josiah Tay, for administering noxious ingredients to Hannah Evans, of Wolverhampton, with intent to procure abortion.”

The London Morning Herald on 19th March 1840 provides further information: “Mr Thomas Josiah Tay, a chemist and druggist, surrendered to take his trial on a charge of having administered drugs to Hannah Lear, now Hannah Evans, with intent to procure abortion.” She entered the service of Tay in 1837 and after four months “an intimacy was formed” and two months later she was “enciente”. Tay advised her to take some pills and a draught which he gave her and she became very ill. The prosecutrix admitted that she had made no mention of this until 1939. Verdict: not guilty.

However, the case of Thomas Josiah Tay is also mentioned in a couple of law books, and the story varies slightly. In the 1841 Reports of Cases Argued and Rules at Nisi Prius, the Regina vs Ashmall and Tay case states that Thomas Ashmall feloniously, unlawfully, and maliciously, did use a certain instrument, and that Thomas Josiah Tay did procure the instrument, counsel and command Ashmall in the use of it. It concludes that Tay was not compellable to plead to the indictment, and that he did not.

 

The Regina vs Ashmall and Tay case is also mentioned in the Encyclopedia of Forms and Precedents, 1896.

 

In 1845 Thomas Josiah Tay married Isabella Southwick in Tettenhall. Two years later in 1847 Isabella died.

In 1850 Thomas Josiah married Matilda Sarah Smith. (granddaughter of John Tomlinson, as mentioned above)

On the 1851 census Thomas Josiah Tay was a farmer of 100 acres employing two labourers in Shelfield, Walsall, Staffordshire. Thomas Josiah and Matilda Sarah have a daughter Matilda under a year old, and they have a live in house servant.

In 1861 Thomas Josiah Tay, his wife and their four children Ann, James, Josiah and Alice, live in Chelmarsh, Shropshire. He was a farmer of 224 acres. Mercy Smith, Matilda’s sister, lives with them, a 28 year old dairy maid.

In 1863 Thomas Josiah Tay of Hampton Lode (Chelmarsh) Shropshire was bankrupt. Creditors include Frederick Weaver, druggist of Wolverhampton.

In 1869 Thomas Josiah Tay was again bankrupt. He was an innkeeper at The Fighting Cocks on Dudley Road, Wolverhampton, at the time, the same inn as his uncle Edward Tay, aforementioned timber merchant.

 

 

 

In 1871, Thomas Josiah Tay, his wife Matilda, and their three children Alice, Edward and Maryann, were living in Birmingham. Thomas Josiah was a commercial traveller.

 

He died on the 16th November 1878 at the age of 62 and was buried in Darlaston, Walsall. On his gravestone:

“Make us glad according to the days wherein thou hast afflicted us, and the years wherein we have seen evil.” Psalm XC 15 verse.

 

Edward Moore, surgeon, was also a MAGISTRATE in later years. On the 1871 census he states his occupation as “magistrate for counties Worcester and Stafford, and deputy lieutenant of Worcester, formerly surgeon”. He lived at Townsend House in Halesowen for many years. His wifes name was PATTERN Lucas. Her mothers name was Pattern Hewlitt from Birmingham, an unusal name that I have not heard before. On the 1871 census, Edward’s son was a 22 year old solicitor.

In 1861 an article appeared in the newspapers about the state of the morality of the women of Dudley. It was claimed that all the local magistrates agreed with the premise of the article, concerning unmarried women and their attitudes towards having illegitimate children. Letters appeared in subsequent newspapers signed by local magistrates, including Edward Moore, strongly disagreeing.

Staffordshire Advertiser 17 August 1861: