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Michael (the Younger) Hayward

Michael Hayward (The younger), one of 168 convicts transported on the Marquis of Hastings, 14 April 1827

Name, Aliases & Gender

Name: Michael (the Younger) Hayward
Aliases: none
Gender: m

Birth, Occupation & Death

Date of Birth: 1803
Occupation: Farmer
Date of Death: 6th December, 1871
Age: 68 years

Life Span

Life span

Male median life span was 58 years*

* Median life span based on contributions

Conviction & Transportation

Sentence Severity

Sentence Severity

Sentenced to 7 years

Crime: Theft~simple larceny
Convicted at: Sussex Quarter Session
Sentence term: 7 years
Ship: Marquis of Hastings
Departure date: 14th April, 1827
Arrival date: 31st July, 1827
Place of arrival New South Wales
Passenger manifest Travelled with 167 other convicts

References

Primary source: All Saints Parramatta Parish Register and All Saints Cemetery Commemorative Wall.
Source description: This record is one of the entries in the British convict transportation registers 1787-1867 database compiled by State Library of Queensland from British Home Office (HO) records which are available on microfilm as part of the Australian Joint Copying Project.

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Community Contributions

Kristy Hayward on 6th December, 2016 wrote:

A native of Sussex, England, Michael was tried on the 13.07.1826. After serving his sentence Michael was granted a Certificate of Freedom on the 30th August 1833.He married Sarah Ellison/Elleson on the 8th July 1844 at St Johns Anglican Church Parramatta. Michael Hayward/Haywood died 6.12.1871 at Brushgrove, South Arm, Clarence River from a Paralysis which he endured for 8 years, he is buried at Rocky Mouth, Clarence River, New South Wales.

Jayne Adams on 18th December, 2016 wrote:

Michael Hayward (The Younger) was born in Heathfield, East Sussex, England in 1803 the son of Michael Hayward and Mary Hayward nee Haffenden. In England, Michael was employed as a Farm Labourer.
Michael had five younger siblings – one sister and four brothers who lived to adulthood. Another brother, his eldest, died shortly after his birth in 1798.
Michael, when aged 19, was indicted at the East Sussex Quarter Sessions held on 18/1/1822 for assault on a Richard Saunders. The case was dismissed by proclamation. No bill was presented.

Banns were read at All Saints Church, Heathfield for Michael Hayward and Frances Cook (normally known as Fanny Cook) on 13th, 20th and 27th September 1823. However, no marriage took place in 1823 subsequent to the banns.

In December 1824, Michael, then aged 21, was tried for the crime of Highway Robbery, which supposedly took place in October 1822. He was tried at the Special Winter Assizes at Lewes, East Sussex charged with stealing a silver watch worth £4, a steel chain and key worth 9d, a £1 note and six shillings in silver from a Samuel Burgess. Found NOT GUILTY.

Michael did eventually marry Fanny (Frances) Cook at All Saints Church, Heathfield, East Sussex in November 1825. Neither Fanny (Frances) nor Michael could read or write and they signed the marriage certificate with their marks along with their witnesses John Harmer and Sarah French.

Fanny (Frances) Cook already had two illegitimate children at the time of her marriage to Michael:
• Sarah Cook born 1821. According to the maintenance order set up by the Justices in Heathfield, the father was one William Nye.
• John Cook was born December 1823 in Penhurst, East Sussex. According to the baptism register, the father was unknown and the vicar recorded the child as “base born”.

Little John Cook lived with Michael and Fanny (Frances) after their marriage. Sarah did not. (After Michael was sentenced, John Cook lived with Michael’s father and mother. Fanny (Frances) did not. Michael Senior records the following in his will dated 14/8/1854 - “…and also to my grandson John Cook son of Fanny Cook who was wife to my son Michael Hayward and which said John Cook was born at Penhurst in the County of Sussex previous to their marriage, the sum of ten pounds…”). In addition, when John Cook married Caroline Hall in 1844 their marriage certificate states “Michael Hayward, Labourer” as John Cook’s “father”).

In July 1826, Michael, then aged 23, was tried for the crime of Larceny, the crime recorded as taking place in April 1826. He was tried at the East Sussex Quarter Sessions charged with stealing a sack value 1s 6d, 4 bushels of wheat value 30s, and 8 bushels of oats worth 20s from farmer John Rochester of Mayfield, East Sussex. Michael was found GUILTY and sentenced to 7 years transportation – no destination specified at that time. (* NB: The archivist at the East Sussex Records Office did state that the sentence of transportation for this crime was not common practice unless the accused had been found guilty of a second offence, however, on examination, the calendar of prisoners for the July 1826 sessions does not note any previous conviction for Michael).

At the time of Michaels’ sentencing, Fanny (Frances) was pregnant with his child.

After sentencing, Michael was imprisoned at the House of Correction in Lewes, East Sussex until 24th August 1826 after which time he was taken to the Prison Hulk “York” moored at Portsmouth – prisoner number 3370. The regular musters aboard the York record Michael as “healthy” and his conduct “good” and “orderly”.
Fanny (Frances) gave birth to Michael’s child in November 1826 whilst Michael was imprisoned on the “York”. The child was named Henry. Baptism records state “Nov 26th 1826 - Henry, son of Michael and Frances Hayward of Heathfield. Father – Labourer.” Henry died shortly afterwards and was buried at All Saints Church, Heathfield, East Sussex on Dec 13th 1826.
The prison hulk “York” records orders to transport Michael to New South Wales on 30/5/1827. However, he left earlier on the “Marquis of Hastings”, which departed Portsmouth on 18/4/1827.
When Michael was taken aboard the Marquis of Hastings, his description was recorded as follows:

Name: MICHAEL HAYWARD
Age: 24 – BORN 1803, HEATHFIELD, EAST SUSSEX
Trade: Labourer
Height: 5ft 8in
Complexion: Dark, Ruddy & Freckles
Hair: Black
Eyes: Dark Brown
Tattoos: Fanny Cook & John Cook on his right arm; woman and Michael Hayward on his left arm

The Marquis of Hastings ship’s surgeon was Dr Gilbert King RN. According to Dr. King’s Medical and Surgical Journal, Michael suffered from scurvy twice on his journey to NSW and was cured twice. The journal is quite detailed and provides the methods Dr King employed when treating Michael.

The Marquis of Hastings arrived in NSW on 31st July 1827. When he arrived in Australia, the convict indents record Michael as follows:

MICHAEL HAWOOD JUNIOR
SHIP:  Marquis of Hastings
ARR:  31 July 1827
AGE:  24
EDUC:  R/W (*This is likely to be an administrative error. On Michael’s marriage certificate (1st marriage in UK), neither he nor Fanny (Frances) could write – they just made their marks along with the marks of their two witnesses).
REL:  Prot
MARRIED WITH ONE CHILD. 
NATIVE PLACE:  Sussex
TRADE:  Farmer & Bullocks (*most likely Michael being economical with the truth, or it could be an administrative error. Michael (junior) was an agricultural labourer; however, his father Michael was a farmer).
CRIME:  Stealing corn
TRIED:  Lewes 13 July 1826
SENTENCE:  7 years
HEIGHT:  5 feet 7 ¾ inches
COMPLEXION:  Dark, ruddy, freckled
HAIR:  Black
EYES:  Dark Brown
MARKS:  “Fanny Cook”  “Jno Cook” on right arm.  Woman and Michael Hayward on left.
ASSIGNED TO: Alexander McLeay

According to the Convict Savings Bank Books, Michael had earned £1, 3s and 11d as at 16th August 1827.

In December 1827, Michael made another appearance in court, this time in Australia. According to the NSW Gaol Description and Entrance Books, Michael was tried at the General Sessions in Sydney on December 27th 1827 for “robbing his master – making away with a load of wood”. On 7/1/1828, he was sentenced to work in a Road Gang for 6 months – it states Parramatta. 

Michael obtained his Certificate of Freedom - number 33/1002 - on 30/8/1833. His prisoner number was 27/1336.

The New South Wales Government Gazette dated 11/8/1843 lists persons who have unclaimed letters to pick up for the month of July 1843. A “Michael Hayward of Parramatta” is listed.

On 8 July 1844, Michael married Sarah Ellison (then aged 16) daughter of John and Isabella Ellison. Michael is recorded on the marriage certificate as being a bachelor (*NB: It cannot be confirmed whether his first wife Fanny (Frances) was alive or dead at this time). Witnesses to the marriage were Isabella Ellison of Pennant Hills and Thomas Simon of Parramatta. Apart from Thomas, all parties signed with their marks. The officiating clergyman was James Walker.

Michael Hayward from Dural was listed in the Sydney gazette of 3rd April 1855 as having donated 10 shillings to the NSW Patriotic Fund supporting the British Government in the Crimean War - a fund supporting soldiers, widows and families.

Twelve of Michael and Sarah’s thirteen children (6 sons and 6 daughters) are recorded as being born in the Castle Hill / Dural area of NSW. Michaels’ son Reuben, born in September 1847, pre-deceased him. Reuben died on 3rd December 1847 aged 3 months. He is buried in All Saints Cemetery, Parramatta and his name appears on the commemorative wall.

The family migrated to Woodford Island, Clarence River sometime after 1866 (time period based on his twelfth child recorded as born in Castle Hill / Dural in 1866). According to the obituary of Michael’s youngest son, the family travelled overland by bullock dray. 

Michael and Sarah’s thirteenth child, a son, was born in 1869 in the Clarence River area. His birth was registered in Grafton. His obituary states that he was born at Robert’s Creek. 

According to Michael’s death certificate, Michael died on 6th December 1871. Cause of death is cited as paralysis. It also states that he had been ill for the previous 8 years and was last seen by a doctor – FG Poulden – on 15th November 1871. The certificate states Michael’s burial was officiated by the Rev C Curry on 8th December 1871. It states the burial location as “Rocky Mouth, Clarence River”; however, the actual cemetery and plot location of Michael’s final resting place remain untraceable, and as yet unknown. The Diocese of Grafton, the Clarence Valley District Council and the Maclean Historical Society have all confirmed the absence of a precise burial location. It is presumed that he is buried in the Old Maclean Cemetery; however, this is pure opinion / speculation and cannot be definitively proven.

Further research has recently been commissioned in an effort to try to locate the exact whereabouts of Michael’s final resting place.

* The comments in brackets in suffix to this indicator are mine.

Jayne Adams on 31st August, 2017 wrote:

Further to my last post, I have two additions:

(1) It has now been confirmed that Michael’s first wife Fanny (Frances) was alive in 1844 when Michael married Sarah Ellison. In 1842 Fanny (Frances) gave birth to another illegitimate child - Sophia - in the Ticehurst Union Workhouse. The child, recorded as baseborn and father undisclosed, was baptised on 16th October 1842. Frances Hayward was recorded in the ledger as a “spinster”. In the 1851 England census, Frances is still alive and living with Sophia at the Ticehurst Union Workhouse.

(2) In the 22nd June 1859 edition of the Sydney Empire, Michael appears on a list of the Windsor Road committee members campaigning for the election of J.C. Laycock to Parliament. Laycock was standing for Central Cumberland. Also listed is Michael’s father-in-law, Emmanuel Jay.

Barry Hayward on 13th September, 2017 wrote:

I have some family pics which include Michael and Sarah if anyone is interested. I am Michael’s GG Grandson.

Jayne Adams on 16th October, 2017 wrote:

Yes please Barry I would love to see some photos of Michael and Sarah. Michael was my great uncle x4. His brother Thomas was my Gt,Gt,Gt Grandfather. I guess that makes us cousins somewhere along the line.

Ann Johansen on 24th March, 2018 wrote:

Barry Hayward I would love to see and photos you have of Michael Hayward and family. Michael and Sarah where my gg grandparents.

Jayne Adams on 2nd June, 2018 wrote:

Following further research it appears that Michael had another child who predeceased him - a son James - born April 1845 and died in April 1846, aged 1 year. Burial transcripts show that he is also buried in All Saints Cemetery Parramatta and his name appears on the commemorative wall there above the name of his brother Reuben.

Claire pounds on 23rd February, 2019 wrote:

Hi. My husbands descends from John Cook Hayward who was Michael Jrs son and he lived with his grandfather Michael when his father was transported. I would love to see any photos of him or family. Best wishes

Jayne Adams on 28th February, 2019 wrote:

Hello Claire,
If you would like to e-mail me at adamsjayne4@aol.com we can discuss further.

Barry Hayward on 3rd March, 2019 wrote:

Hi Ann Johansen, please email me at swordofzorro696969@yahoo.com, thanks!

Jayne Adams on 19th May, 2020 wrote:

Because historical and genealogical research is a constantly moving feast, here are some pertinent updates to the research about Michael.
1) Michael was most likely born in the catchment area of Waldron church rather than in Heathfield itself as he was baptised at All Saints Church Waldron on 26th June 1803.

2) Until some conclusive DNA evidence comes to light, John Cook’s parentage cannot be definitively established. Many documents and pieces of information gathered recently, including my own Hayward DNA test results (which link positively to some of Michael and Sarah’s descendants as well as descendants of Michael’s siblings) which when compared against possible descendants of John Cook do not match, as well as the somewhat ambiguous wording in Michael senior’s will - see above, all the information I have to hand currently points to Michael as not being John’s Cook’s biological father. At the moment, therefore, my considered and balanced evaluation is that he is not; however, that may change at some point in the future if more information (including positive DNA matching) comes to light.

- After his conviction, and before he was sent to the prison hulk York, Michael was kept at Horsham gaol not Lewes.

- No definitive evidence exists to confirm that John Ellison - the person quoted as Sarah Ellison’s father on her baptism certificate - was a real person, or that Isabella was married to anyone let alone to a “John Ellison”. Nor is there any evidence as to the identity of this John Ellison, if indeed he did exist. At this moment in time, and following extensive research, I am suggesting that Isabella was not married and that Sarah was fathered illegitimately by a person unknown.

Convict Changes History

Kristy Hayward on 6th December, 2016 made the following changes:

firstname: Michael (the Younger) (prev. Michael (The younger)), date of birth: 1803 (prev. 0000), date of death: 6th December, 1871 (prev. 0000), gender: m, occupation, crime

Jayne Adams on 18th December, 2016 made the following changes:

source: National Archives, London, England East Sussex Records Office Brighton, East Sussex, England Ancestry Find My Past Trove.com.au The Diocese of Grafton Clarence Valley District Council MacLean Historical Society (prev. Australian Joint Copying Proj

Jayne Adams on 31st August, 2017 made the following changes:

source: National Archives, London, England East Sussex Records Office Brighton, East Sussex, England Ancestry Find My Past Trove.com.au The Diocese of Grafton Clarence Valley District Council MacLean Historical Society England & Wales Census Records (prev

Jayne Adams on 2nd June, 2018 made the following changes:

source: All Saints Parramatta Parish Register and All Saints Cemetery Commemorative Wall. (prev. National Archives, London, England East Sussex Records Office Brighton, East Sussex, England Ancestry Find My Past Trove.com.au The Diocese of Grafton Clarenc

This record was discovered and printed on ConvictRecords.com.au