Hayes Records in Isle of Wight County, Virginia

26 June 1635
Patent: Robert Bennett, 700 acres “aboute 1½ miles up a creek neare the mouth of Nansemond River”… adjacent Robert Newman… for transportation of 14 persons: … Rich. Hayes… [Virginia Patent Book 1 (Part I), page 188.]

7 July 1635
Patent: Lt. John Upton, 1650 acres in Isle of Wight County about 3 miles up Pagan point Creek bounding almost west from the Creek into the woods… due for transportation of 33 persons: …Roger Bagnall…Wm. Davis…Peter Heyes

This patent was reissued with the same list of 33 headrights on 23 August 1637.  In the second version several of the names were spelled slightly differently, including Peter Hayes.  [Virginia Patent Book 1 (Part II), page 471.]

The importation(s) probably happened a few years earlier. Under the terms of the Great Charter, still in effect in 1635, headrights were persons imported with the intent to inhabit who had survived for three years.  While the residence requirement was ignored in later years, it was likely still observed in the 1630s.  The headright certificate — obtained in the local court or the Secretary’s office — was effectively a warrant that could be used to survey and claim land.  Since headright certificates were the only means of obtaining land grants, they were bought and sold like any other valuable — so we cannot necessarily conclude that John Upton was actually the importer.  In fact, research suggests that most patents used headright certificates purchased from others.

The delay between arrival in Virginia and issuance of the headright patent at this time was about 5½ years according to a study of Lower Norfolk headrights.   See also this paper for more detail on the subject.

16 Nov 1635
Patent: To Roger Bagnall, 350 acres in Warresquioake (Isle of Wight) County, bounded westerly with land of Thomas Dangle (sic), north & northeast with the Pagan Creek, and on south & southwest with the maine woods.  300 acres by deed of sale from William Clapham of Warresquioake, planter, dated 3 August 1635 plus 50 acres for transportation of 1 servant called John Slaughter. [Virginia Patent Book 1 (Part II), page 308.]

The name of the county was changed from Warrosquyoake to Isle of Wight in 1637.

11 Feb 1636/7
Assignment from George Hardye to Peter Hayes, Planter, 11 February 1636/7 witnessed by Tobias Hurst.  Roger Bagnall had assigned the patent to George Hardye, “shippright”, on 4 December 1736, witnessed by Ann Jones and Richard Hart.  [Virginia Patent Book 1 (Part II), page 462.]

Note that Roger Bagnall and Peter Hayes were both claimed as headrights by Lt. John Upton.

31 Aug 1637
Patent:  Peter Hayes, 350 acres in Isle of Wight County bounded on the west with land of Thomas Davis, on the north and northeast with the Pagan Creek, & on the south and southwest with the maine woods…  being due unto him the said Peter Hayes by purchase from George Hardye due to him the said George Hardye by purchase from Roger Bagnall to whom it was granted by patent.  [Virginia Patent Book 1 (Part II), page 461-2.]

The land of Thomas Davis referred to a patent of 6 March 1633/4 for 300 acres “on the easterly side of the creeke known by the name of Warwicksqueicke about 2 miles from the mouth of the said creeke… beginning easterly at a point of land called the redd point…”  [Patent Book 1, page 128.]  Red Point is a small cape on the south shore of Pagan Creek that is still shown on modern maps.

Thanks to an email from Clay Davis pointing out the above patent and various landmarks, this tract can be located fairly precisely.  The patent to Henry Snaile (see below) places it just west of Moons Creek and the patent to Thomas Davis places it perhaps a half-mile or so east of Redpoint at a location where the Pagan River’s southern shore is roughly east-west.  A 350-acre tract (which would be a bit more than 1/2 mile on a side if it were a square) fits nicely into that area, which is in the northeastern reaches of Smiithfield’s city limits.

This would be less than two miles from the mouth of the Pagan River and the shore of the James River.  The land was later owned (inherited I presume) by his son Peter Hayes and by Thomas Hayes who both transferr3ed their interests to Peter Hayes’ grandson Thomas Bevan.

23 Nov 1637
Patent:  Henry Snaile, 50 acres in Isle of Wight northerly upon Pagan Creek, southerly into the woods, westerly upon the land of Peter Hayes, easterly upon Moones Creek.  [Virginia Patent Book 1 (Part II), page 502.]

12 Jan 1641/2
Act of General Assembly held at James Cittie: “Whereas Divers poore men have longe inhabited heere and nowe are growne decrepped and impotent, and have petitioned this Assembly for releefe; Be it Enacted by the Authoritie afore’sd that John Griffith, Sergiant Jo. Wayne, Tho. Brooke, Tobias Hurst, and Peeter Hayes shall from henceforth bee excepted from all publique service in p’son and paying of Countrie Leveys, Ministers’ duties excepted. [“The Virginia Assembly of 1641. A List of Members and Some of the Acts”, The Virginia Magazine of History and Biography, Vol. 9, No. 1 (July 1901), page 55.]

Very few men were relieved of their tax burdens or excused from public service like jury service, typically those who were too frail or elderly, and usually too poor, to serve.  WE might infer that Peter Hayes did not have long to live.

Mar 1642/3
Virginia Legislative Act setting the boundaries of Isle of Wight County: …the Isle of Weight (sic) county shall beginn at Lawne’s creek and from thence to extend downe along the maine river unto the plantation of Rich: Hayes formerly belonging unto John Howard including the said plantation and family from thence to extend from the main river into the woods southerly unto the plantation of William Nowell and Mr. Robert Pitt including likewise the said plantation and familys and from thence southerly as aforesaid…   And the upper county of New Norff: to begin at the aforesaid plantation of Rich: Hayes and from thence into the woods southerly as aforesaid, and by the mayne river, from thence to extend downe by the mayne river into the creeke near unto the plantation of the said ffrancis Bullock being the first creek to the westward of Crayne Poynt… [William Waller Hening, The Statutes At Large, Vol. 1, page 247.]

Mar 1642/3
Division into two parishes:  ..The upper parish to extend from Lawens (sic) Creeke to the eastern side of the Bay, the creeke divideing the plantation of Sam. Davis and Joseph Cobbs to be the extent and division of the said upper parish: The lower parish to extend from the Pagan-poynt upon the river side to the plantation of Rich. Hayes, from the Pagan-poynt uppon the bay including all the southerly side to the plantation of the said Cobbs, and that all the inhabitants alreadie resideinge or that hereafter shall reside on that side to belong to the said lower parish…  [William Waller Hening, The Statutes At Large, Vol. 1, page 279.]

Richard Hayes had a plantation on Chuckatuck Creek but how he acquired it is unknown.  He was one of several Hayes to own land in Virginia in the early and mid 1600s, but the only one to own land near Peter Hayes.  He was probably the same Richard Hayes claimed as a headright by Robert Bennett (see 1635 above).  He was also perhaps the Richard Hayes who assigned a patent for 600 acres in Lower Norfolk in 1642,  He does not seem to appear in any other Isle of Wight records.  Most descendants of Peter Hayes have decided that the two men were unrelated, though I’m not sure why.

18 Oct 1664
Patent: Robert Flack (sic), 200 acres on the westward side of the second swamp of the Blackwater…beginning at a marked white oak by John a. Pough’s Indian Quarter and running up southwest 160p into the woods for length and 200p up the said second swamp to another marked white oak in the said second swamp for breadth.  Due to Robert Flack for transportation of four persons… [Virginia Patent Book 5, page 375.]

This 200 acres was included within the patent for 2400 acres two years later and was part of the land given to his daughter Elizabeth Flake and her three sons 33 years later.

20 Aug 1666
Patent: Robert Flack (sic), 2400 acres on the branches of the Blackwater… beginning on the westward side of the second swamp at a marked white oak  side of the second swamp of the Blackwater…beginning at a marked white oak by John a Pouch quarter and running up southwest 160p into the woods and 200p parallel to the at the head of a branch… north 280p to a white oak near a pond… includes 200 acres of the aforesaid Flackes on the eastward side of the second swamp between Jno. Oliver and Jno. Wombell. [Virginia Patent Book 6, page 232.]

This obviously includes the other 200 acres patented in 1664 at the southern part of the tract.  (The other 200 acres referenced in the patent is at the northern part of the tract.)

Note that the upper reaches of this land are near the border with Surry County — part of it may even be inside Surry County.  Robert Flake operated a mill on parcel that when sold in Surry was described as partly in Surry and partly in Isle of Wight.

1 May 1672
Appraisal of estate of Thomas Brim (or Bruin) taken 4 February 1670 by Thomas Norsworthy, George Lucke, Peter (x) Hayes.  [Isle of Wight County Will Book 2, page 110.]

Peter Hayes signed with the same distinctive “PH” mark that he used in his 1678 will.  Chapman’s abstract omits the distribution of the estate among the widow, children and grandchildren and fails to note that the appraisal was actually taken more than a year earlier.  Appraisers were typically near neighbors with no interest in the estate — this would place Peter Hayes still in the vicinity of Pagan Creek.

Mar 1677
Petition in support of Governor Berkeley signed by 71 planters of Isle of Wight who styled themselves “His Majesties Obedient and Loyall Subjects”: … Peter (P mark) Haise.. Robert (R mark) Flacke…  [John Bennett Boddie, Seventeenth Century Isle of Wight County, Virginia, Vol. 1, page 160.]

These were supporters of the Governor during Bacon’s Rebellion.  Although there were apparently two men named Peter Hayes in the county, the signer did not indicate whether he was the elder or the younger.

However, note that the mark reproduced by Boddie was not the same signature mark used in the 1678 will or the 1672 appraisal.  This was a different Peter Hayes, the same one who signed his will with a “P” mark in 1720 and who used the same mark on at least three other occasions (see them below.)

7 May 1678
Will: I Peter Hayes being very sick and weak of body do make this my last Will and Testament… First I desire that all my debts be justly paid, and the remainder of my estate to be equally divided, and my mother to have one half, and my sister Anne Cornes (Carnes? Cornish?) the other half.  And after it please God (upon?) my mother and sister’s death that my cousin Thomas Bevan be immediately seized with the said land…  Signed: Peter (x) Hayes.  Witness: Anthony Fulgham, Hugh Humphrey.  Recorded 10 March 1678/9 on oath of Hugh Humphrey.  [Isle of Wight County Deed Book 2, page 175.]

He signed with a combined capital “PH” mark — the vertical of the P and the left vertical of the H share the same line. The sister’s name might be “Corne”, “Carne”, or some other variant.  Some suggest “Cornish”.  I could find no record of anyone by any of those names.

Surely only a man with no wife or children would split his estate between his mother and his sister.  Note also that his mother — the widow of Peter Hayes I — is still alive.  Presumably his mother is located nearby, probably living with him.  The reversion is to his “cousin”, a term that typically meant “nephew” at this time in history — and Thomas Bevan later refers to the inheritance from his “uncle” Peter Hayes. This will is (genealogically) prima facie evidence that Peter Hayes had no children, a conclusion confirmed by the escheatment of the Peter Hayes patent.

See the escheat patent in 1682, indicating that the mother and sister must have been dead and not heirs could be located.  If Peter Hayes had any living brothers or sisters they were not known to the escheat jury.

18 Apr 1679
Will: Joyce Cripps. …Unto my loving husband George Cripps the land and plantation on which we do now live… left to me by my former husband Francis England to the son of Francis England’s brother, if he comes to Virginia and makes claim to the land within seven years, my sister Skinner, Nicholas Davis the plantation on which he lives, Sarah Lupo, Mr. George Branch’s three children Francis, John and Ann, orphan boy that liveth with me  named Anthony Lewis, Margaret the wife of Peter Vasser, Susan Brasswell, my sister’s daughter; my three Goddaughters Elizabeth Hayes, Joyce Butler, and Joyce Womble, my three Godsons James Bennett, Nicholas Davis, and William Phillips, my Mother Flake. My husband to be executor. Witness: John (x) Gutridge, Rebecca (x) Davis, Will. Evans.  Recorded 9 June 1679. [Isle of Wight County Deed Book 2, page 202.]

Joyce Cripps was a stepdaughter of Robert Flake from his wife’s first marriage.  She was married to Francis England who died in 1677 leaving his entire estate to his wife Joyce.  With the participation of her stepfather Robert Flake, Joyce signed a prenuptial agreement with her second husband George Cripps in 1678 to keep her property separate from his [Deed Book 1, page 371].  Interestingly, Francis England had claimed himself and his wife Joyce, as well as George Cripps,  among 26 headrights for a 1664 patent of 2366 acres in Isle of Wight.

“Sister Skinner” was another Flake stepdaughter named Mary, who was married to her second husband Richard Skinner.  Susanna Braswell was the married daughter of Mary and her first husband John Burgess.  The witness William Evans was probably the same William Evans who was married to Robert Flake’s daughter Katherine Flake.

Could Elizabeth Flake already be married to Peter Hayes?  To be a godmother, Joyce Cripps must have been an adult (or close to it) when Elizabeth Hayes was born.  Thus it is not clear if Elizabeth is the wife of Peter Hayes or his child.

21 Jan 1679/80
Patent:  Thomas Parnell, 150 acres in a forke between the second and third swamps of the main Blackwater beginning at a white oake on the west side of the second swamp being a corner tree of Mr. Robt Flake’s land now in the possession of Peter Hayes then S50W 100p along a line of old marked trees… [Virginia Patent Book 7, page 18.]

From the metes and bounds, Parnell’s tract is adjacent to the lower portion of the 2400 acre tract patented by Robert Flake in 1666.  Peter Hayes is evidently leasing land from Robert Flake.  (Leases were not required to be recorded and rarely were.) 

21 Oct 1680
Will: William Richardson of Upper Parish.  Estate including a 200-acre patent to be divided into two equal halves.  One half to Katherine “my now loving wife” for her lifetime and the other half to Mary Wisse (Wilse?) “for the education and bringing up of her now daughter Elizabeth”.  After the deaths of Katherine and Mary, both halves to Elizabeth. If Elizabeth should die without heirs of her body then reversion to my brother John Richardson. Nominate “my loving friends Thomas Atkinson and Peter Heys executors…” Signed:  William (x) Richardson, Katron (x) Richardson his wife.  Witness: Henry Goldham, George Cripps, P. Wall.  Recorded 9 Feb 1685/6.  Executors qualified 8 May 1686. [Isle of Wight County Will & Deed Book 2, page 248.]

William Richardson and Thomas Atkinson had patented land on the southwest side of the third swamp — adjacent to the lower part of Robert Flake’s 2400-acre patent of 1666 — in 1669.   The third swamp is called Mill Swamp on modern maps.

9 Apr 1681
Deed: John Giles, pursuant to a bond dated 24 August 1680, with consent of Philarite his wife, gives to Jane (Johnson), daughter of said Philarite, one plantation at Blackwater whereon Edward Hayes do now dwell with 400 acres of land, in case the said Edward Hayes doth withhold (so much?) to be made up of 400 acres of ye land adjoining thereto… if Jane dies, land to return to John Giles. Witness: Jno. Harris, Richard (x) Poole.  [Isle of Wight wills & Deeds Book 1, page 464.  Also abstracted in Boddie, Vol. 2, page 589.]

The name is either “Haye” or “Hayes” — the clerk seems to have written many of his “es” word endings as a somewhat stylized “e”.   Who is Edward Haye?  The many missing records of the period make it unlikely we can answer this question, as there are no further records of him.

16 Jun 1681
Peter Hayes‘ patent is found to escheat. (See 24 April 1682.)

24 Apr 1682
Escheat Patent: Thomas Ward, 350 acres in Isle of Wight County “which Peter Hayes died [possessed] of and was found to escheat to his Majestys as by an Inquisition recorded in the secretaries office under the hands and seals of Wm. Randolph, Deputy Escheator of the said county and a jury sworn before him for that purpose, dated the 16 June 1681 which said land is now granted unto the said Thomas Ward who hath made his composition according to Act…. [Virginia Patent Book 7, page 149.]

This confirms that the Peter Hayes who died in 1678 was the heir of Peter Hayes I because he inherited the 1637 patent.  It also confirms what we strongly suspected from his will — that Peter Hayes II had no children.  (Nor did he leave a widow, as widows had a right to lifetime possession of her husband’s land, delaying escheat proceedings until her death.) Nor did he have any living brothers or sisters in the area who, if known to the local court, would have inherited.

The Act of March 1661/2 established the escheat process for persons who died intestate and without heirs.  [See Hening’s “Statutes” Vol. 2, pages 56 and 136-7.]  Absent a widow, the land could be claimed with a “composition” of 100 lb. of tobacco per 50 acres, with preference given to anyone who was in possession of the land for two years.  

The jury and County Escheator must have been unaware of the existence of Peter Hayes II’s will which devised the patent to his nephew Thomas Bevan.  That could happen if — for instance — his mother and sister Ann Carnes/Cornish were dead and Thomas Bevan was either in infant or  living outside the county.  Whatever the case, the jury and the county Escheator obviously thought that Peter Hayes II had died intestate and without natural heirs. (The clerk who recorded the will would presumably have been replaced or forgetful. The witnesses appear to have been dead or moved away.)  It seems likely that Thomas Bevan was a minor at the time, and Thomas Ward may have acted for his benefit in order to produce the outcome intended by the will. Thomas Ward, after all, later gifted part of his interest to Thomas Bevan.

At some point prior to 1689 (see deeds below), probably coinciding with Thomas Bevan coming of age, the issue must have been brought to court.  The later deeds make clear that the county surveyor divided the land into a roughly 150-acre parcel for Thomas Bevan and a 202-acre parcel jointly owned by Thomas Bevan and Thomas Ward.

At some later time the issue must have come to the attention of Thomas Hayes of Northumberland County, who was evidently the natural heir of Peter Hayes, as he deeded the patent in 1702.  Note that Thomas Hayes Sr. (according to Northumberland records) was apparently deceased when Peter Hayes died and his son Thomas Hayes Jr. was an infant in Northumberland County.  Thus there was no one to contect the escheatment at the time.

The complete absence of Isle of Wight court records for the period deprive us of the details of these events.

10 Oct 1687
Will: Thomas Parnell, cooper. To son Thomas Parnell the plantation bought of Mr. Francis Ayres and 150 acres of a patent “on the other side of the swamp” adjoining John Richardson and Peter Hayes.  To son Joseph Parnell land bought of Edmund Palmer, adjoining upon Henry West, Anthony Matthews and Col. Smith. To daughter Susanna one gray horse, etc.  Rest fo estate to be divided into five shares, two shares to wife and one each to two sons and daughter… (rest not applicable)   [Isle of Wight County Will & Deed Book 2, page 277.]

This refers to the 1680 Parnall patent, and tells us that this Peter Hayes was still occupying Robert Flake’s land.  John Richaredson had inherited the patent of his brother William Richardson that adjoined both Flake and Parnell.

18 Sept 1689
Deed of Gift: Thomas Bevan, carpenter, to Thomas Ward, both of the lower parish, for the love and good will which I bear to Thomas Ward do give, grant, and confirm all my right, title and interest which I now have or hereafter may have of the one moiety or half of the land which did formerly belong to my uncle Peter Hayes and by him given to me by his last will… lying on the west side of Virgors Creek and butting northerly on Warrisquik Back Bay Creek containing in the whole 202 acres, that is to say the lowermost part of the tract of land joining on VIrgors Creek according to a dividing line formerly laid out and made by Maj. Arthur Allen, surveyor… (being a total of 202 acres).  Signed: Thomas Bevan. Witness: Nicholas Fulgham, Rich. Wilkisson, John Pitt.  [Isle of Wight County Deed Book 1, page 20.]

It seems likely that Thomas Bevan has reached the age of 21.  Here he is giving up his half-interest in the entire tract and Thomas Ward (see deed below) is giving him title to half the tract in exchange. 

18 Sept 1689
Deed of Gift: Thomas Ward to Thomas Bevan, both of the lower parish, for the love and good will which I bear to Thomas Bevan, all my right, title and interest which I now have or hereafter may have in 100 acres being half the land whereon I now live adjoining Virgods (sic) Creek which was granted unto me by virtue of an escheat patent for 202 acres… from Virgods Creek butting northerly on Warrisquik Back Bay Creek that is to say the lowermost part of the tract of land joining on VIrgors Creek according to a dividing line formerly laid out and made by Maj. Arthur Allen, surveyor”… subject to a having good road from the bay to my house and plantation.  Signed: Thomas (x) Ward.  Witness: NIcholas Fulgham, Rich. Wilkisson, John Pitt.   [Isle of Wight County Deed Book 1, page 19.]

Why 202 acres?  The inference is that the county surveyor Arthur Allen — presumably to settle a dispute over title between Bevan and Ward — had divided the patent into two parts of about 148 acres and 202 acres.  Later deeds make it clear that the upper 150-ish acres belonged to Thomas Bevan because he later described his holding as the 350 acre patent less 100 acres — the 100 acres being the land retained by Thomas Ward.

The description of the land is identical in both deeds.  The abstract by William Lindsay Hopkins omits some crucial details.  Thomas Ward died in 1693 leaving a widow Mary.  She was probably the wife of William Clerke in the 1702 deed from Thomas Hayes.

1690?
Undated Will: John Richardson.  Entire plantation that I live on (150 acres) to wife Phillis for her lifetime,  then divided equally between sons William Richardson and John Richardson.  A mare after she foals to my eldest daughter Phillis.  [Faded words] Richard Loyd.   Wife appointed executrix with overseers Peter Vasser and Peter Hayes. Witnesses: Richard (x) Loyd, Peter (x) Hayes, Peter Vasser, Mary Branch. Recorded 9 April 1690.  [Isle of Wight County Will & Deed Book 2, page 300.]

The 1680 patent to Thomas Parnell that adjoined Peter Hayes also adjoined John Richardson.  Thus Peter Hayes is evidently still occupying that land.

Peter Hayes used a mark like a capital letter “P”.

13 May 1696
Will: Henry Cooke of the Upper Parish. Estate to wife Sarrah Cooke and child my wife now goes with. Wife to be executrix with overseers my dear father William Cooke and loving brother Ruben Cooke.  Witnesses: John Carroll, Thomas Carter Jr., Reuben Cooke, Peter (x) Heyse.  Recorded 9 August 1698.  [Isle of Wight County Will & Deed Book 2, page 406.]

The signature looks like “Heyle” but is probably “Heyse” written with a stylized old-style “s” .  Chapman’s abstract renders the name as “Heyle”, which is indeed what it looks like, but it seems to me to that it must have been “Heyes”.   On the very next page is the will of William Cook (see below)  with witness Peter Hayes.  In both cases Peter’s signature mark was rendered as a capital “P”.  Note also that WIlliam Cook had a patent just east of the lower part of Robert Flake’s grand patent.

25 Aug 1697
Deed:  “I Robert Flake Senior doth assign all my write and Title of this plat of Land to the value of six hundred akers taken out of a grand pattent to my daughter Elizabeth Hayes during her Natural Life and after her (sic) Divided between her three sonns Richard Hayes Samuell (sic) Hayes Peter (sic) to them and their heirs for Ever.” Signed: Robert (x) Flake.  Witness: Peter Vasser, Robert Flake, Charles (x) Bass. [Isle of Wight County Deed Book 2, Part 2, page 511.]

At a court held 28 January 1722/3: At the motion of Elizabeth Hays the above assignment was admitted to record. [Isle of Wight County Deed Book 2, Part 2, Page 511.]

Contrary to the assertion of Arnold E. Hayes in Historical Southern Families, Vol. 15, page 173, the husband of Elizabeth Hayes is nowhere mentioned in this record.  And the year, 1691, in that paper is incorrect as well — due to a misreading of the last digit of the year.  Elizabeth Hayes waited until her husband’s death to record the deed.  Later records show that Elizabeth Hayes had two more sons, Arthur and Robert, evidently born after August 1697.

The effect of this form of deed was to give Elizabeth Hayes the use and income from the land, but not the title, thus preventing either her or her husband from selling it or devising it in a will.  Note that Robert Flake signed with an “R” mark and Charles Bass signed with a “B” mark.

The land in question was part of a much larger patent of 2400 acres to Robert Flake that spanned the second and third swamps from the Surry County border on the northeast down the Blackwater waters. See patent above.

ca1690s?
Inferred Marriage: Thomas (sic) Hayes to Elizabeth Flake — inferred by Blanche Adams Chapman in Marriages of Isle of Wight County, Virginia, 1628-1800, page 23.

Elizabeth Flake was obviously married to Peter Hayes. Ms. Chapman based her inference on the deed of gift by Robert Flake and the lease and release in 1737 (see below) by Arthur Hayes in which he refers to his purchase from Thomas Hayes.   Marriage records of colonial Isle of Wight are essentially nonexistent, so the marriages in Chapman’s work are inferred from other records. This particular inference was erroneous.

17 May 1698
Will: William Cook Sr. To son John the plantation he formerly lived upon, son William the plantation he formerly lived upon, to son Reuben the plantation he lives on containing 125 acres, to son Thomas the plantation I now live upon after decease of wife and other goods and furniture when he comes to age of 21.  Rest of estate to my loving wife.  Witnesses: Peter Vasser, Peter (x) Hayes, James (x) Atkinson.  Recorded 9 August 1698.  [Isle of Wight County Will & Deed Book 2, page 407.]

He signed with the same capital “P” mark. The previous entry in the will book is the will of Henry Cook, witnessed by Peter “Heyle” (I think Heyse) who also used a “P mark.

12 Oct 1702
Power of Attorney:  Thomas Hayes and wife Prudence Hayes, of Northumberland County, appoint Capt. Arthur Smith and Richard Wilkinson, Jr. as their attorneys concerning the deed to Thomas Bevan dated 12 October 1702.  Signed: Thomas Hayes, Prudence (x) Hayes.  Witness: William Smith, Thomas (x) Robertson.  Recorded 9 November 1702.  [Isle of Wight County Deed Book 1, page 368.]

Deed: Thomas Hayes and wife Prudence Hayes, of Northumberland County, to Thomas Bevin of Isle of Wight County… for 3,000 lb. tobacco,  “a certain parcel of land lying in ye Isle of Wight County whereon ye sd. Thos. Bevan now liveth it being a patten (sic) containing 350 acres formerly pattented by Peter Hayes grandfather to ye foresd. Thomas Bevan, excepting one hundred acres of ye foresaid pattent” bounded to the north by Back Bay Creek and easterly upon Verges Creek.  Signed: Tho: Hayes, Prudence (x) Hayes.  Witness: William (x) Smith, Thomas (x) Robertson.  Presented and acknowledged by Arthur Smith and Richard Wilkinson, Jr. and recorded 9 December 1702.   [Isle of Wight County Deed Book 1, page 369.]

This is my abstract of the original deed.  Boddie [Vol. 2, page 647] read this as “Peter Hayes, grandfather to Thomas Bevan” but Hopkins [Isle of Wight County Virginia Deeds 1647-1719 etc., page 65]  read it as “grandfather of said Thomas Hayes“.  The original shows that Boddie’s reading was correct.

Somehow Thomas Hayes must have learned of the escheatment of 1681 and proved that he was the natural heir of Peter Hayes II (and above Thomas Bevan in the line of succession) thus taking title to the patent.  Northumberland records tell us that he was the son of a Thomas Hayes who had died sometime before 1680.  Up until now Thomas Bevan had held title to about 250 acres and Thomas Ward owned about 100 acres.  (Thomas Ward had died intestate himself in the meantime.) The missing court records would probably tell us more about how and when Thomas Hayes successfully claimed ownership. But the effect of the two deeds was to confirm title to 250 acres to Thomas Bevan and 100 acres to William Clerke (whose wife Mary was probably Mary Ward.) 

26 Nov 1702
Deed:  Thomas Hayes and wife Prudence Hayes, of Northumberland County, to William Clerke and wife Mary Clerke of Isle of Wight, for 3,000 lb. tobacco, “one plantation or parcel now in the tenure & occupation of John Pilkinton, being part of a patten of 350 acres formerly pattented by Peter Hayes, being bounded on ye southeast by Verges Creek, on ye north by Back Bay Creek, on ye west a line of marked trees which part this part of ye sd. patten from ye pt whereon Thomas Bevan doth now dwell” containing about 100 acres… Signed: Thomas Hayes, Prudence (x) Hayes.  Witness: John Pilkinton, William (x) Smyth.   Note: Prudence Hayes of Northumberland County appoints John Giles and George Green as her attorneys.  [Isle of Wight County Deed Book 1, page 370-371.]

Vergis or Vigoes Creek (spelled in a variety of ways) was the old name for Moons Creek. This pretty clearly establishes the (rough) eastern border of the Peter Hayes patent.

9 Apr 1705
Deed: Wm. Clarke & Mary his wife to Jno. Chapman & Frances his wife, both of the upper parish, for 1200 lb. tobacco, one plantation or parcel of land lying in Newport parish… now in the tenure & occupation of Jno. Pilkinton, excepting ye remainder of ye terms of Pilkinton’s lease… and reserving the right of Mary Clarke after the decease of William Clarke to have half the plantation and after her decease to Patience Ward… containing 100 acres… being part of a tract of 350 acres patented by Peter Hayes and by ye sd. Wm. Clarke and Mary his wife purchased of Thomas Hayes of Northumberland County by deed ye 26 day of November 1702 being bounded on ye south east by Vergus Creek, on ye north by Back Bay Creek, on ye west by a line of marked trees (that) parts the land from ye land of Thomas Bevan…  Signed: William Clarke, Mary (x) Clarke.  Witness: Roger Ingram, Thomas Giles.  [Isle of Wight Count Deed Book 2, page 15.]

6 Sep 1710
Will: Thomas Bevan. to son Thomas Bevan “all the land that is contained in a (blank) for 350 acres formerly granted to Peter Hayes bearing date 21 August 1637, except 100 acres on the east side of the said tract now in the possession of Jon Chapman and the Wido. Clarke” and also except the plantation whereon I now live (which) I give and bequeath to my loving wife Mary for and during her widowhood. (If she marries she is to have a third part for her life.)  At her death to son Thomas Bevan and the lawfully begotten heirs of his body.  If there are no heirs, then reversion to my son Peter Bevan and the lawfully begotten heirs of his body. If there are no heirs then reversion to my two daughters Mary and Elizabeth Bevan and the lawfully begotten heirs of their bodies.  For want of such heirs I give all my land unto the right heirs of Thomas Hayes of Northumberland County, Virginia…

…Personal property (listed) to son Thomas Bevan.  Personal property (listed) to son Peter Bevan, and listed livestock “if he shall be dutiful and remain with his mother until the age 21.”  Feather bed and furniture each to my daughters Mary and Elizabeth Bevan.  Rest of estate to wife Mary who is also sole executrix.  Recorded 28 June 1711.  Witness: Nathaniel Ridley, Richard Wilkinson, John Chapman.  [Isle of Wight County Will & Deed Book 2, page 579-80.]

Mary Bevan did not record the inventory until 28 May 1715, nearly four years later.

According to a Chapman Family Bible record, Thomas Bevan’s daughter Mary was first married to a Marshall, then to John Chapman: “My wife Frances Chapman died on the 22 of July 1727 in the 39th year of her age. I then married unto Mary Marshall, Widow, and daughter of Thomas Bevan Dec’d, and the 28th day of December following between nine and Tenn at night was born unto us a son named William and Baptized May following 1730. Tho. Bevan, Ju’r. George Norsworthy and Elizabeth Bevan, witnesses.” [Virginia Magazine of Histry & Biography, Vol. 9, page 209.]

1714
Quit Rents, Isle of Wight: Peter Hayes, Robt. Flake patentee, 600 acres, rent paid 144 lb tobacco.  [The Virginia Magazine of History and Biography, Vol. 87, No. 2 (April 1979), page 176]

The 1714 quite rents for Isle of Wight were found among British records and published as part of the Virginia Colonial Records Project. They listed the “proprietor” owing the tax, the original patentee, the acreage, and the amount of rent paid for 1714. 

28 May 1715
Inventory of Thomas Bevan recorded by Mary Bevan:  Inventory reflects a middle class householder with looking glasses, brass and pewter materials, 19 cattle, 3 horses, 17 hogs, 10 sheep, 4 rugs, three feather beds, one slave woman called Sarah, etc.  [Isle of Wight County Will Book 2, page 592.]

22 Mar 1715/6
Deed: Edward Goodrich to James Jones, both of Prince George County, for 1,900 pounds of pork and beef, 230 acres on the west side of the Three Creeks… [oddly shaped parcel with complex metes and bounds bordering the west bank of Three Creeks, no neighbors mentioned.]  Signed: E. Goodrich.  Witness: Gilbert Hay, John Cheney, Thomas Eldridge.  Acknowledged by Edward Goodrich in court on 26 Nov 1716. [Isle of Wight County Deed Book 2, Part 2, Page 31.]

Gilbert Hay (who signed) lived in Prince George County, and the land in question was in what would later become Southampton County.

2 Mar 1718/19
Will of Mary Bevan:  …after my deceased husband’s will is fulfilled I give to my loving son Thomas Bevan two cows and calves, one sow with pig, etc… to my loving son Peter Bevan my great looking glass and one white sow… to my loving daughter Mary Bevan my gold ring, my black trunk, and one fo my side saddles… to my loving daughter Elizabeth Bevan my seal skin trunk and silver clasps and that side saddle that (missing word) of my father’s estate.  Rest of estate to be divided equally between my son Peter and my two daughters Mary and Elizabeth to be delivered to them at ye age of 21 or when they are married. My loving son Thomas Bevan to be sole executor.  Signed Mary (x) Bevan. Witness: William Tayler, Jeremiah (x) Proctor.  Proved 24 August 1719. [Isle of Wight County Deeds and Wills, Book 2, page 24 (image 394 of 492)]

20? Dec 1719
Appraisal of residual estate of Mary Bevan, deceased.  A variety of household goods, one cow and two heifers, 9 sheep, 2 hogs… “one old negro woman”… Total £35: 36s:8d.  Appraisers: John Wright, Daniel Rigens, Chas. Fulgham.  [Isle of Wight County Deeds and Wills, Book 2, page 24 (image 402 of 492)]

10 Nov 1720
Will: Peter Hayes of ye Upper Parish. (Large faded spot in middle of text obscures roughly one word or thereabouts in each of several lines) …Unto my son Robert Hayes a mare, cow and calf… unto my ——–ons John & Peter Stevens 2 yearling heifers… unto ——–ther Hase one young horse which he called his horse… unto ——ing wife Elizabeth Hase to be whole & sole executrix. Signed: Peter (x) Hayes.  Witness: Arthur (x) Jones, William (x) Crocker, Robert (x) Hase.  Recorded 27 February 1720/21. [Isle of Wight County Deeds and Wills, Book 2, page 63 (image 421 of 492)]

His signature mark was the same capital “P”.  Robert Hayes signed with a capital “R” mark.  There does not seem to be an inventory or a settlement recorded in Book 2.  Nor does he dispose of any land in this deed (evidently living on the land gifted to his wife and sons).

Were John & Peter Stevens stepsons?  grandsons? It is possible that the original is more readable than the microfilm copy.

28 Jan 1722/3
At a court held 28 January 1722/3: At the motion of Elizabeth Hays the above assignment was admitted to record. [Isle of Wight County Deed Book 2, Part 2, Page 511.]

See the entry at 25 Aug 1697.  Elizabeth Hayes is just now recording the assignment of land by Robert Flake made 25 years earlier.   This record tells us that Elizabeth Hays was widowed, as only a widow could take this action.  Peter Hayes had died two years earlier.

4 Jan 1723/4
Processioning Reports, Newport Parish: {District) between Micall Deloach and Thomas Williams, Elizabeth Hayes and Joseph Parnall, Widdow Doles and Abraham Brawler. Present Robert Hays, Arthur Hays, William Goodman and Elizabeth Hays. [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 85.]

Are the three older sons already either dead or living elsewhere? The implication is that both Arthur Hays and Robert Hays were adults by this date, able to act as processioners.

12 Sep 1727
Vestry Meeting:  Thomas Williams and Robert Hays appointed processioners for their district. [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 90.]

4 and 5 Jan 1731/2
Deed (Lease and Release): James Atkinson, planter, of Isle of Wight County to Peter Hay, planter, of Surry County… a 100 acre plantation located on the south side of Nottoway River and the north side of Three Creeks, being a patent granted to Richard Atkinson on 24 March 1725.  Beginning at a white oak by the side of the said Creeks, then N21W 80p to a hickory then N50E 160p to a hickory then S58E 102p to a poplar by the side of the Three Creeks & up the various courses of the sd. Creeks to the beginning.  Signed: James (x) Atkinson.  Witness: James Ingles,  William Gray, Joseph Bridger.  Proved by Atkinson on 24 January 1731/2. [Isle of Wight County Deed Book 4, page 146.]

Peter Hay is from a different lineage altogether.  This tract is in what became Southampton County, about a mile or two east of the Surry (later Sussex) border in the vicinity of the village of Adams Grove.  His later patent that expanded this parcel to the north and west bordered both Three Creeks and the Great Swamp (now called Brown’s Branch.)  The brothers Gilbert and Richard Hay of Surry County acquired land that was also on the Great Swamp and Three Creeks, but on the other side of the county line — in other words, Peter Hay was located only couple miles from the brothers Richard and Gilbert Hay of Surry. Peter Hay’s brother-in-law Henry Ivey lived in the same neighborhood as well.  The 1725 patent for this land, Richard “Atkeison”, used the same description [Patent Book 12, page 455.]

As later records confirm, this is the husband of Martha Sledge.  He and his brother-in-law Henry Ivey will remain in the Three Creeks area for another twenty-odd years.  Peter Hay will later die in Halifax County, North Carolina. 

I note that the surname in this family was “Hay” without the trailing “s” in nearly all records.

16 Oct 1732
Vestry Meeting: Arthur Hays reimbursed for “keeping the widow Atkinson 2 months” [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 102.]

27/28 Dec 1732
Deed (Lease & Release): Thomas Bevan and wife (not named) to William Wilkinson… 68 acres in Newport Parish now in the tenure of said Thomas Bevan, being part of a patent for 350 acres formerly granted to Peter Hays.  Beginning at a locust post at the head of a small gutt or branch of  Virgus Creek thence 13p to a hickory thence S13W 108p to a pine thence 3p to a pine a corner tree between the said Thomas Bevan and Hugh Gyles, thence bounding on Virgus Creek so up a small branch or gutt of Virgus Creek to the beginning.  Signed: Thomas Bevan. Witness: Hugh Gyles, George Clarke, John Chapman. [Isle of Wight County Deed Book 4, page 223.]

22 Mar 1734/5
Will: Thomas Bevan… unto son Thomas Bevan my negro man Tony to be delivered to him at the age of 21 or day of marriage, and other goods.  My three sons George, Robert and Joseph Bevan and my daughter Mary Bevan to each of them one young horse or mare. Rest of estate to loving wife during her widowhood but if she marries only as much as is due her by law and the remaining part to be equally divided between my four youngest children (viz) George, Robert, Joseph, and Mary Bevan.  Loving wife Mary and son Thomas Bevan executrix and executor.  Signed: Thos. Bevan. Witness: Hugh Giles, Rachel (x) Davis.  Proved 25 August 1735. [Isle of Wight Wills Book 4, page 76.]

26 Jan 1735/6
Deed: Christopher Atkinson to Robert Haize, for the love and affection which I do bear toward my neighbor and friend Robert Haiz (sic)” and also for the sum of £12:10s current money of Virginia, 120 aces on the north side of the third swamp being one-half of a 240-acre tract sold to Atkinson by Thomas Wallis.  Signed: Christopher (x) Atkinson.  Witness: James Willson, W. Bidood?, (James?) Baker.  Proved 21 May 1736. [Isle of Wight County Deed Book 4, page 524.]

22 Mar 1735/6
Vestry Meeting: Robert Hayes and Anthony Crocker reported their district “all processioned”. [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 106.]

24 May 1736
Inventory:  Residual estate of Thomas Bevan by Charles Fulgham, John Gibbs, George (x) Whitly, pursuant to order of the court of 22 March 1735/6.  A modest inventory, the total appraised at about £10.  [Isle of Wight Deeds & Wills Book 4, page 108.]

15 Aug 1737
Deed: “I, Peter Haze of Bartie precinct in North Carolina for and in consideration of the natural love and affection which I do bear to my brother Arthur Haze as also for divers other good causes and more especially for and in consideration of the sum of £20 current money of Virginia… to my brother Arthur Haze… a certain tract or parcel of land containing 200 acres of land lying in the middle of that 600 acres given by Robin (sic) Flake to his daughter Elizabeth Haze lying between the second and third swamps of the Blackwater which was laid out and divided between the three brothers by Robert Haze, John Griffin, and Peter Crocker which said land being equally divided have given and assigned all my right privilege of the aforesaid 200 acres of land to my brother Arthur Haze…”  Signed: Peter (PH) Croker (sic !).  Witness: Matt’w. Jordan, Anthony Crocker, Peter Crocker, Arthur Crocker.  Deed from Peter Haize to Arthur Haize proved by oath of the first three witnesses above at a court held 22 August 1737. [Isle of Wight Deed Book 5, page 142.]

Peter Hayes signed with the same distinctive “PH” mark he used in Bertie County transactions.  The clerk mis-copied his surname as “Crocker” but it was obviously Haze as in the body of the document.

21/22 Aug 1737
Lease & Release:  Arthur Hayes of Newport parish in Isle of Wight county to Anthony Crocker, for £18:5s, “a certain tract of land formerly bought of Thomas Hayes being part of 600 acres given to my mother Elizabeth Hayes by her father Robert Flake bounded and lying on the west side of the second swamp of the main Blackwater… the lower end of the said tract of land binding upon Parnals land and Dooles and Crockers & Hayes containing 200 acres…”  Signed: Arthur (x) Hayes.  Witness: Arthur Crocker, Peter Crocker.  [Isle of Wight County Deed Book 5, page 140-142.]

This is obviously not the tract that he bought from Peter Hayes, but rather a 200 acres tract that he bought of Thomas Hayes sometime in the 1726-1730 period .  Thomas Hayes must have inherited the 200 acres (presumably as the eldest son) from either Richard Hayes or Samuel Hayes.

Isle of Wight Deed Book “3” is lost — four year’s worth of deeds recorded between 25 April 1726 and 24 March 1729/30.  The court order books for that period are also lost so there is not even a record of deeds proven in that period.  The deed from Thomas Hayes to Arthur Hayes must have been recorded sometime during that period. 

Note also that the partition of the 600 acres among the three sons would probably also be among the missing deeds.  This is at least helpful in slightly narrowing our estimate of the death of Elizabeth Hays, to sometime between January 1724 and early 1730.   Arthur Hayes signed with a “AH” mark.

24 Nov 1738
Inventory:  Residual estate of Thomas Bevan by Hugh Giles, Charles Fulgham, Thomas Whitfield.  Inventory included negro man Tony, two negro women, household goods and livestock, the total appraised at £83:2s:3d.  Recorded 26 February 1738/9.  [Isle of Wight Deeds & Wills Book 4, page 220.]

25 Aug 1739
Deed: John Clark of Newport Parish to Christopher Atkinson of same, for £20, about 100 acres on the east side of the third swamp in Newport Parish bounded by William Flake, said Christopher Atkinson’s land he bought of Thomas Davidson. Witness:  Thomas (x) Anderson, Robert (x) Haze, Solomon (x) Tharp.  Recorded 26 November 1739. [Isle of Wight County Deed Book 5, page 396.]

On the following page is Clark’s bond to Atkinson that explains that John Clark’s grandfather John Clark devised half of his 200 acres to his grandson Thomas Davidson and half to his grandson William Phillips “who dying in his minority his part descended to me John Clark as heir at law to my grandfather John Clark.” The intent of the bond was to assure Atkinson that if Thomas Davidson’s part were to descend to John Clark he would let the deed by Atkinson stand. Also witnessed by Thomas (x) Anderson, Robert (x) Haze, Solomon (x) Tharp. [Isle of Wight County Deed Book 5, page 397.]

John Clark (the grandfather) was married to Robert Flake’s daughter Mary.  Robert Haze signed with an “R” mark. 

19 Oct 1739
Deed: Arthur Hayes of Newport parish, or and in consideration of the natural love and affection I do bear to my brother Robert Hayes also for divers other good causes and more especially for and in consideration of the sum of £5 current money of Virginia.. a certain tract of 100 acres being part of the middle of that 600 acres given by Peter Hayes to his brother Arthur Hayes… between the second and third swamps of Blackwater…which was laid out and divided between the three brothers by Robert Hayes, John Griffin, and Peter Crocker which land being equally divided I have assigned all my right of the said 100 acres to my brother Robert… Signed: Arthur (x) Hayes.  Witness: John (x) Stephenson, Peter Crocker, Anthony Crocker.  Recorded 26 November 1739.  [Isle of Wight County Deed Book 5, page 412.]

2 Nov 1739
Vestry Meeting: Processioners: …Robert Hays and Anthony Crocker… [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 111.]

26 Nov 1739
Deed:  Joshua Hase [residence not given] for and in consideration of the natural love and affection I do bear to my friend Edward Pittman also for divers other good causes and more especially for and in consideration of the sum of £8 current money of Virginia… [sell] a certain tract or parcel of land containing 200 acres which land was bequeathed by Robert Flack (sic) to his daughter Elizabeth Hase it being part of that 600 acres… beginning at the main run on the second swamp of Blackwater and thence up to a black gum and so up the said course to a marked red oak a corner tree and so joining the land of William Flake to the next corner tree a pine from that corner tree down to a pine in the head of Cook’s branch then running down the said branch to the main run or swamp of the Blackwater joining on the land of John Clayton so down the said swamp to the first station… Signed: Joshua (x) Hase.  Witness: Matth’w Jordan, Sam’l Person, Will’m. Braddy.  At a court held 26 November 1739: Joshua Hase came into court presented & acknowledged his deed…  [Isle of Wight County Deed Book 5, page 414.]

Joshua Hayes must have inherited (presumably as the eldest son) the 200 acres from one of the sons of Elizabeth Hayes.  But whose share did Joshua Hayes inherit?  Richard’s or Samuel’s?  It isn’t explicit in the document, but Joshua Hayes appears to have used a “J” signature mark.  From the description this would apparently have been the “upper” part of the 600-acre parcel.

In 1741 Edward Pittman sold most of this tract to his brother James Pittman and to Matthew Jordan. He sold the last piece of the tract to his “friend” Sampson Flake in 1745.  He died intestate by 1745 when his wife Martha administered his estate.

23 May 1740
Deed: Arthur Hayes of Newport Parish in the county of Isle of Wight for and in consideration of the natural love and affection I do bear to my neighbor Christopher Atkinson also for divers other good causes and more especially for and in consideration of the sum of £4 current money of Virginia… [sell] a certain tract of about 30 acres… bounded by a line of marked trees, Christopher Atkinson and Robert Hayes and Arthur Hayes… part of the 200 acres given to Arthur Hayes by Peter Hayes.   Signed: Arthur (x) Hayes.  Witness: Anthony Crocker, Peter Crocker.  Recorded 28 July 1740. [Isle of Wight County Deed Book 5, page 505.]

23 May 1741
Deed:  Edward Pittman planter, to James Pittman, both of Isle of Wight, for £5 (?faded) current money, 100 acres on the Second Swamp of the Blackwater being part of the 200 acres Edward Pittman bought of Joshua Hays… “beginning on John Clayton’s land at the mouth of Cook’s branch, so up that branch to William Flake’s land, so along Flake’s line to a new line between Edward & James Pittman, so down to the Swamp and so to the first station.” Signed Edwrd Pittman.  Witness: Arthur (x) Hase, Wm. Pittman, William Flake. Proved by the oaths of Arthur Haise (sic), William Pitman and William Flake on 27 June 1743.   [Isle of Wight County Deed Book 6, page 279.]

Arthur Hayes signed with his “AH” mark.

21 Dec 1741
Deed:  Edward Pittman to Mathew Jordan, both of Newport Parish of Isle of Wight, 60 acres whereon said Edward Pittman now dwells… on Second Swamp of Blackwater… beginning at a black gum that parts the land between the sd. Edward Pittman and Arthur Hase, so running up the old field… line that parts Thomas Pittman land and the sd. Edward Pittman… line that parts James Pittman and Edward Pittman…  [Isle of Wight County Deed Book 6, page 39.]

21 Nov 1743
Vestry Meeting: Processioners: …Arthur Hayes and Anthony Crocker… [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 118.]

22 Sep 1743
Deed: John Carpenter Sr. and wife Elizabeth of Nottoway Parish and William Carpenter of Edgecombe County, North Carolina, to Benjamin Hail of Nottoway Parish, 50 acres on east side of Flatt Swamp… being given to them by the “the Carpenters wives father to have and to hold”… Witness: Absalom Atkinson, Henry Ivy, Peter (x) Hays. [isle of Wight Deed Book 6, page 367.]

Peter Hays signed with a simple “H” mark, not the same signature mark used by Peter Hayes of Bertie. Henry Ivy was married to his wife’s sister.

28 Nov 1743
Settlement:  Estate of Thomas Bevan shows debts and expenses of £73:6s:1d versus appraisal of £83:2s:3d.  Submitted by “executors” indicating the widow was still alive.  [Isle of Wight Deeds & Wills Book 4, page 506.]

6 May 1745
Deed: Edward Pittman to Sampson Flake, for the natural love and affection which I do bear to my friend Sampson Flake… and more especially for & in consideration of the sum of £4 current money, 50 acres “part of a tract I bought of Joshua Hase lying at the upper end of 600 acres of land given to Elizabeth Hase by her father Robert Flake, it lying between the second and third swamp of Black Water binding upon Christopher Atkinson’s line and Arthur Hase and Patience Jordan and James Pittman”.  Signed: Edward Pittman.  Witness: Arthur (x) Hase, James (x) Pitman, William Flake.  Proved by all three witnesses on 28 October 1745.  [Isle of Wight County Deed Book 7, page 202.]

Arthur Hayes’ mark is reproduced as “AX”, close but not precisely the same as the “AH” mark previously used.

24 Mar 1745/6
Deed – Lease and Release: David Dortch of Brunswick County to Richard Hay of Surry County, for £21:10s, 185 acres on the north side of the Three Creeks in Isle of Wight,  beginning at a white oak on the side of the sd. Creeks a corner of Thomas Griffis’s land thence by Griffis’s line N75E 86p to a white oak a corner of William Heath’s land thence by Heath’s line NWxN 160p to a black oak a corner of John Upchurch’s land thence by Upchurch’s line N70W 136p to a lightwood post thence S25W 156p to a maple by the side of the Three Creeks aforesd. and down the various courses and runs of the sd. Creeks to the beginning.  Signed: David (x) Dortch.  Witness: John Dortch, Henry Ivy, John (x) Spence.  [Isle of Wight County Deed Book 7, page 332 and 333.]

Richard Hay sells this land only one year later (see next item) — he already owned land a mile or two away whereon he lived.  Note that Thomas Griffis was Gilbert Hay’s stepson and Henry Ivey was Peter Hay’s wife’s brother-in-law.  This parcel was within walking distance of the land Richard Hay already owned on the Three Creeks in Surry County.

6 Apr 1747
Deed: Richard Hays of Surry County to Joseph Tharp of Surry County, for £24 current money, 185 acres [exactly the same metes and bounds as the land bought 13 months earlier]. Signed: Richard Hays, Frances (x) Hays.  Witness: Peter Hay, Wm. (x) Morgan, Thos. (x) Adams. [Isle of Wight County Deed Book 8, page 108-110.]

Richard Hay(s)s apparently never left Surry, selling this land only 13 months aver buying it.  Richard Hay(s) is mentioned numerous times in Surry records, particularly some eight times between 1740 and 1768 in the Albemarle Parish Register of Surry (Sussex) County, including mention of Richard and Frances Hay as the parents of three children named Richard Jr. Balaam, and Seth.  Richard Hay was named as a brother in the 1758 Surry County will of Gilbert Hay, and he is found in numerous records with other persons named in that will — see th efile of Hayes records in Surry County.  He owned land in Sussex County a few miles from Peter Hay’s land in Southampton County.  

14 May 1747
Court Order: Arthur Haise an evidence for Sampson Flake in suit against William Braddy, ordered said Flake to pay him 25 pounds of tobacco for three days attendance. [Isle of Wight County Court Order Book 1746-1752, page 19.]

30 Sept 1747
Vestry Meeting: Processioners: …Arthur Hayes and Anthony Crocker… [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 125.]

1 Oct 1747
Patent: to Joseph Lane for 286 acres partly in Surry and partly in Isle of White on south side of Blackwater RIver… borders land of Joshua Hays to the northeast. [Virginia Patent Book 28, page 244.]

This must have used a survey taken a few years earlier, as Joshua Hays had already sold his land to Pittman. This patent was mostly in Surry County.

9 Oct 1747
Court Order: Suit by petition Peter Hay plt. and Thomas Adams Junr. defendt., the parties agreeing, to be dismissed. [Isle of Wight County Court Order Book 1746-1752, page 19.]

13 Apr 1748
Deed: Arthur Haise of Isle of Wight to Sampson Flake, “for and in consideration of the sd. Sampson Flake’s finding the sd. Arthur Haise with victuals washing mending and makeing all his cloaths during his natural life” sells 50 acres on the west side of the second swamp of the Blackwater beginning at a great pine in Patience Jordan’s line then down the deep branch to the second swamp and down the various courses of the sd. swamp to a beech a corner of Anthony Crocker then bounding upon Robert Haise along a line of marked trees to a hickory a corner tree of the sd. Haises, then bounding upon Christopher Atkinson to a red oak, a corner of the Sampson Flake’s land then by his line to the first station, and one cow and calf and a barren cow, three sheep, and three hoggs… Signed: Arthur (x) Haise.  Witness: Sam’l Cornwell, Joseph (x) Thompson, James (x) Pittman.  Acknowledged by Arthur Haise in court on 17 April 1749. [Isle of Wight County Deed Book 8, page 175.]

Note that no wife was included in the contract. 

30 Apr 1749
Southampton County formed from southern Isle of Wight.  The new county included all of Isle of Wight west of the Blackwater. (Part of Nansemond was added later.)

1 Feb 1752
Robert (x) Hays a witness to Christopher Atkinson’s deed of gift to his son Benjamin Atkinson for land on east side of the third swamp of the Blackwater… [Isle of Wight County Deed Book 8, page 434.]

6 Feb 1752
Court Order:  Robert Hays by reason of his infirmities is exempted from working on the highways for the future. [Isle of Wight County Court Order Book 1746-1752, page 387.]

8 Feb 1752
Vestry Meeting:  Processioning reports… “All lines in the presence of Jordan Thomas, Robert Hayes, John Clayton.  [Signed] William Farnold, Anthony Crocker.  [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 139.]

27 Oct 1753
Vestry Meeting:  …Arthur Hays exempt from paying Levy..   [William Lindsay Hopkins, …Newport Parish Vestry Book 1724-1772, Isle of Wight County, Virginia, page 141.]

Exemptions from the parish tax (for reasons other than officeholders) were rare compared to exemptions from the public tax, and typically were made only for the infirm or disabled. Coupled with Arthur’s deed in 1748, it appears that he was unable to support himself but was not a pensioner of the parish.  Note that there is no indication that he had children or a family.

5 July 1757
Deed: Robert Hays, husbandsman, of Newport parish, “for love and good will and affection and also for divers good causes but more especially for and in consideration of £5 current money of Virginia”, to Charles Harris the son of Elizabeth Hays the wife of Robert Hays… 50 acres “bounded by a line of Anthony Crocker, William Harris, Christopher Atkinson, and my own mannor (sic) plantation which all lying between the second and third swamps of Blackwater”.  Signed: Robert (x) Hays.  Witness: Anthony Crocker, Benjamin (x) Atkins.  Acknowledged by Robert Hays in court 7 July 1757.  [Isle of Wight County Deed Book 9, page 491.]

5 July 1757
Deed: Robert Hays, husbandsman, of Newport parish,  “for and in consideration of love and good will as also for divers good causes but more especially for and in consideration of £5 current money of Virginia”, to William Harris the son of Elizabeth Hays the wife of Robert Hays, 50 acres “bounded by a line of Anthony Crocker, Charles Harris, Samuel Flake which all lying between the second and third swamp of Blackwater”.  Signed: Robert (x) Hays.  Witness: Anthony Crocker, Benjamin (x) Atkins. cknowledged by Robert Hays in court 7 July 1757. [Isle of Wight County Deed Book 9, page 492.]

It is likely that Robert Hays has recently married the widow of a Harris who had children by that prior marriage. (It is less likely though remotely possible, that his wife was the mother of illegitimate children who were obligated to take her surname.)  Either way it does not appear that Robert Hayes produced children carrying the Hayes surname.

There are no probate records that are helpful.  A George Harris and his wife Elizabeth had sold land in the upper parish in 1745.  The following year an Edward Harris and wife Elizabeth sold land.  But neither man left probate records in Isle of Wight.

18 Jan 1764
Deed: Ann (sic) Jordan of Perquimans County, North Carolina to James Pittman, 50 acres adjoining Arthur Hayes and Thomas Pittman. Signed: Nancy Jordan. [Isle of Wight County Deed Book 11, page 260.]

7 Sep 1766
Will: Robert Hayse.  I give and devise my body and my land to Charles Harris, consisting of 125 acres, the son of Elizabeth Harris… I give and bequeath unto to Lucy Harris, daughter of Charles Harris, 20 shillings to be raised from estate… I give and devise unto Lowice (Louvice?) Harris 20 shillings to be raised from estate.  Appoints Charles Harris executor, specifies that estate is not to be appraised. Witness: John Davis, John Thomas, John (x) Darnal. Recorded 7 March 1771.   [Isle of Wight County Will Book 8, page 76.]

This is the same Charles Harris to whom he had sold 50 acres in 1757, for in 1774 Charles Harris and his wife Sarah sold the whole 170 acres acquired from Robert Hayes.  [DB 13, p194]  Thus “Elizabeth Harris” is the same person he described as his wife in the two 1757 deeds.  The absence of a legal marriage would explain all this quite nicely.  It could be that one or the other was previously married and abandoned or separated — since there was no judicial process for a divorce and remarriage, such persons were doomed to cohabit without benefit of a legal marriage.  Another possibility is that they were unable to marry for religious reasons.

27 Jun 1767
Will: Arthur Hayes of Blackwater “…bequeath to Sampson Pitman the son of James Pitman, one feather bed and gold ring, four pewter dishes, two pewter basons, one pewter flagon, one pewter porringer, one tankard and all my cloaths… remainder of my estate to be equally divided between William Flake and Faithy Flake and Mary Pittman the wife of James Pittman.   Appoints James Pittman Senr. executor.  Recorded 3 October 1776 on oaths of the three witnesses: James Stringfield, William Flake, James Pitman (junior).  Securities (for executor): James Pitman Jr., William Flake.  [Isle of Wight County Will Book 8, page 444.]

Executor’s Bond posted for £200. [Order Book 1772-1780, page 366.]

From this we conclude that Arthur had no wife living and tentatively conclude that Faithy, wife of William Flake, and Mary, wife of James Pittman (jr.) may have been his daughters.  (They weren’t old enough to be his sisters.)

1771
Inventory: Estate of Robert Hayes by executor. a very modest (unappraised) estate including 2 cows, one heifer, 2 yearlings, one ewe and 2 lambs, no horses, 2 beds, 2 pots and hooks, one fry pan, four plates, ten spoons, one table and four chairs… [Isle of Wight County Will Book 8, page 83.]

3 Mar 1774
Deed: Arthur Hayes to Thomas Wombwell (“Womble” in the court record), for £8, 25 acres on the second swamp of Blackwater. …beginning on the main run of the Second Swamp of Black Water and running along the said Wombwell’s line to the head of the said land and along the head line joining Sampson Flake’s land down the main run of the Deep Branch to the main run of the Swamp and up the main run to the beginning…  Signed: Arthur (x) Hayes.  No witnesses.  Acknowledged by Arthur Hayes in court the same day.  [Isle of Wight County Deed Book 13, page 186.]

Arthur Hayes signed the deed and the acknowledgement of the receipt of the money with his characteristic “A” mark.

20 Nov 1776
Appraisal: Estate of Arthur Hayes by WIlliam Gay, James Stringfield, and Michael Deloach.  One bed, one pott, one tankard, one dish, two plates… Total value €16:19s:7d.   [Order Book 1772-1780, page 375.] and [Isle of Wight County Will Book 8, page 453.]

The estate included no livestock or farming implements or notes, just basic household furnishings and two sets of clothes.

4 Jan 1796
Estate Account: Arthur Hayes estate account of James Pittman, executor, examined by Thomas Wrenn, William Gay, Joseph Stallings.  Sales totaled £5:16s:1d.  Paid Samuel Flake for funeral expenses and clerk of court fees, leaving £2:19s balance in estate. [Isle of Wight County Will Book 10, page 385.]


Apart from a few court records in which the mercantile firm John Hay & Co of Southampton County sued Isle of Wight residents for assorted debts, there do not appear to be any further references to anyone names Hayes in Isle of Wight.