Looking for evidence of Henry's birth

[rmuser77]

Hi,
My ancestor Henry May says in all his Census returns, eg. 1851, that he was born 1841/2 at Brighton, Sussex. I have not been able to find a birth/baptism record to back this up. His parents were William and Mercy May. Mercy might sometime call herself Mary.
I do however have some theories, but no evidence. The main theory is William May and Mercy Burfoot had a pre-maritial encounter resulting in Henry. He then may have been born in Cowden, Kent or in Brighton and then transferred back to Buckhurst, Cowden while very young to live with his grandfather (Chris Burfoot) and mother (ref to 1841 Census) and had his birth registered at Sevenoaks as being born at Cowden as Henry Burfoot assuming the absence of the father. Later William and Mercy marry and re-name their child Henry May. Henry May's marriage certificate also supports the 1841 birth date (25 years in 1866). It could have been that pre his marriage - Henry was told he was born at Brighton in Sussex (or me may have). There is also a second theory that he was born in 1842 in Brighton following the marriage of his parents. Henry states this in all the census's he filled out - 1851, 1861, 1881, 1901 etc). His parents may have contrived this so it appeared as though his birth was legitimate. There was also a 1843 certificate for Brighton that I applied for but wrong person. There is a Baptism record that looks good except the year is wrong, although the month looks OK at 19-Nov-1815, so it maybe an error with the year. There are other similar births around this period but all seem to be inconclusive.
Appreciate if any one can assist.
Thanks,
Rob.

[AMBLY]

Hi Rob,

So,  in the 1841 Census for Cowden, Kent.
Mercy BURFOOT  (25) is in her father's household, and there is also a 1 month old Henry BURFOOT indicating he was born about May 1841.
HO107- Piece 481/ Book 7 / Folio 7 Page 6

I'm seeing his place of birth indicator on this 1841 Census looking  like N (not Kent) to me!

Isn't his birth the one registered June Qtr 1841 in Sevenoaks? This is crucial to check -  if it's Mercy BURFOOT's baby,she's then stating on census 1841 & 1851 that he wasn't born in Kent  despite  being registered there.  If this is his birth,  it may have some notation on the Cert about being physically born in another county (irregular, but not impossible).

And a year later in 1842, registered in Croydon Surrey is the marriage of William MAY to Mercy BURFOOT, dau of Christopher BURFOOT.
https://familysearch.org/ark:/61903/1:1:NVZ3-WJ4
https://familysearch.org/ark:/61903/1:1:NJGT-WNH

Subsequent Census show Mrs Mercy MAY was born in Cowden, Kent.   I'm presuming there is little to no doubt she is the daughter of Christopher BURFOOT?

Checking that 1841 Birth would be more reliable, that trying to work out a year of birth based on ages (often 'out') given at marriage or Census. The most reliable ages for Henry are the 1841 and then the 1851.

Maybe Henry is William's natural child and for some reason William wasn't in a position (legal or otherwise) to marry  Mercy  before the birth, or for a year following it. However, for example, plenty of unmarried couples registered their children as legitimate with the father's surname. Or some were registered illegitimate in the mother's surname with the father's surname as middle name, later dropping the mother's name  - lots of configurations and as many reasonings why!

Where I suggest to  differ in your theory, is that William and Mercy necessarily had any sort of affair at all that resulted in Henry birth a year prior to their June 1842 marriage.

I'd say it would be much more likely that Henry's birth father is unknown (to us) and that when Mercy later married William, he simply took on the baby as his own and Henry became  known thereafter as MAY. There is no law against taking up a name like this.  And it was common.

Further it may be that Henry never knew he was illegitimate or that William mayn't have been his biological father.   Maybe Henry  was born (or made) in Brighton - but was registered in Kent, for whatever reason Mercy might have done that. Perhaps she was working in Sussex and removed back home to her Dad just after the birth.

If there is no suitable DEATH registration between 1841 and 1851  in any of the districts where Mercy lived during that time, for a son named  Henry BURFOOT,  that would further cement the probability that Henry MAY was the baby born Henry BURFOOT.

As to Henry's paternity, that may be something you can never fully clarify, bar DNA tests on suitable descendants.

Cheers
AMBLY

[rmuser77]

Hi Ambly,

Thanks for your help.

More info ...

“... place of birth indicator on this 1841 Census looking  like N” – yes well spotted I had not noticed that before, so it could be Sussex.

“Isn't his birth the one registered June Qtr 1841 in Sevenoaks?” – yes  I have that birth certificate. Says he was born 29 April 1841 at Buckhurst, Cowden. Mercy Burfoot was the mother and she registered his birth on 2 June 1841. Does not mention the father, so registered illegitimate I assume.

Yes I have their marriage certificate - William May marries Mercy Burfoot 4 June 1842 at St John The Baptist, Croydon.

“I'm presuming there is little to no doubt she is the daughter of Christopher BURFOOT?”  --- yes that is the thinking, the main evidence is her marriage certificate stating Christopher Burfoot as her father. Also the 1841 Census of Buckhurst, Cowden, that shows Christopher with Mercy and baby Henry.

“.. Henry's birth father is unknown (to us)” – yes that is possible too! Although, Henry does mention on his marriage certificate that William May is his father, but as you say, this might be what he believed to be true. If Henry’s father in unknown then, it would mean I have another unknown father to find since I can’t find William’s father either (his mother was Hannah May in the Baptism record of Chiddingstone, with no father mentioned).

Cheers,
Rob.