I have only sporadic access to the original records of Surry County, so unlike the other “Hayes Records” files this one contains mostly published abstracts rather than original records. The abstracts will be replaced over time.
Note: Very few records of the adjoining counties of Charles City and Prince George survive. A few records that are relevant to these families are included in this file.
22 Aug 1668
Deed: Aylce Warrand and her husband Edward Warrand to George Corpe to indemnify him against breach of lease contract if Elizabeth Petway should die before the 15-year lease expires. Witness: George (x) Johnson, Jon. Hay. [Surry County Deed Book 1, page 309.]
Eliza Timberlake Davis abstracted this name as “John” Hay. It appears to be “Jon.”, perhaps “Jonathan”?
7 Jul 1668
Deposition: Thomas Hoye aged about 23 yeares sworne & examined saith that the horse taken up by Mr. Wmson att Martins Brandon yr. deponant knew of a foall when he run by Mr. Masons mare side one halfe yeare before it was brand[ed] & helpt to catch him att ye. time when he was branded & by ye. brand & flesh mark ye. sd. deponant knew him to be ye. horse belonging to Mr. James Mason & that to the best of my knowledge ye sd. horse is aboute fower yeares old & further saith not. Signed: Thomas (T his mark) Hoye. [Surry County Deed Book 1, page 306.]
Eliza Timberlake Davis abstracted this name as “Thomas Hoge (or Haye)” in her Surry County Records. Weynette Parks Haun, who was “the” acknowledged expert in Surry’s clerical handwriting, abstracted it as “Thomas Hoye”. It looked to me like “Hoye” and that is consistent with the later records included here.
Some Hayes researchers have attributed this record to the Thomas Hayes of Northumberland County, Virginia who sold land in Isle of Wight almost 40 years later. That seems quite unlikely, as (1) the name in this record does not appear to be “Hays”, (2) The signature marks of the two men are dissimilar, and (3) this record implies that he was living in Martins Brandon parish in Charles City County.
10 June 1669
Tithables: A list of tithables from Sunken Marsh to Smiths forte taken 10 June 1669:
… Tho. Hoye – 1 poll. [Surry County Deed Book 1, page 347.]
His name is again written as “Hoye” and not “Haye”. He was NOT in the tithables of a year before in 1668 or the following year 1670 — he appears just this one year. This is the lower part of Southwarke Parish, next to Charles City County.
5 Nov 1672
County Debits for the Year: …”Tho. Hey (for) atending Corthouse & prson – 200″ (lbs tobacco) [Surry County Order Book 1671-1691, page 14.]
He was not titheable in 1670. The 1671 and 1672 tithables lists are lost, but he was not titheable in 1673 either. Perhaps he lived in Charles City County? The earlier affair with the horse suggests he was in Martins Brandon parish of Charles City County a few years earlier.
6 May 1673
Whereas Mr. Wm. Sherwood did imploy Tho. Hoy to take up a certaine mare belonging to a child of Andrew Robinson & did ingage himself to satisfie ye sd. Hoy one hundd. & fifty pds. Of tobacco & two deare skins judgmt. Is therefore granted sd. Hoy agt. ye sd, Sherwood for paymt. of ye. sd. debt with costs alias exec. [Surry County Order Book 1671-1691, page 25.]
Yet again the name is “Hoy” rather than “Hay”.
1 Jan 1683/4
Headright Certificate: Certificate granted to Augt. Hunicutt for importation into this colony of Mary Pritchard, Jno. Hodge, Mary Gyles, Jno. Robert, Jno. Hays. [Surry County Order Book 1671-1691, page 430.]
This particular headright certificate was never used for a patent. Of all the certificates issued in Surry County during the 1600s less than half were ever used to obtain patents.
22 Nov 1700
William Hayes not appearing to prosecute his suit agt. John Neale the same is therefore dismist. [Surry County Order Book 1691-1713, page 214.]
Nov 1701
Deed: William Hunt to John Bentley, both of Southwarke Parish, for 4,000 lb. tobacco, 100 acres in Southwarke Parish … bought from Thomas Hux (Hay?) late of this parish dec’d. on 2 Dec 1695… [Surry County Deed Book 5, page 227 as abstracted by William Lindsay Hopkins.]
This name was definitely “Hux” rather than “Hay”. Thomas Hux appears dozens of times in Surry records.
3 Jan 1701/2
Micajah Lowe appoints Gilbert Hays as his attorney. Signed: Micajah Lowe. Witness: John Waltson. [Surry County Deed Book 5, page 286, as abstracted by William Lindsay Hopkins.]
Micajah Lowe and Gilbert Hay(s) both lived in Charles City County south of the James (what would become Prince George County.) It isn’t clear what the purpose of the POA was — it was not to buy or sell land. Micajah Lowe was dead by 1704 according to a deed by his widow Sarah Lowe.
Gilbert Hay appears in numerous records of Charles City County (later Prince George County). The 1718 will of Elizabeth Ivey named a daughter Susan Hays who, by proximity and circumstance, was the wife of Gilbert Hay(s).
1690-1703
Surry County Tithables: No one named Hay/Hays — or Sledge.
The Surry County titheables are complete for each year from 1690 to 1703, and no one named Hay(s) or Sledge appears in any year. Gilbert Hay and family were still in Prince George County.
7 Mar 1703/4
Court Fines: “Charles Williams, Joseph Thorpe, Edward Bookey, Wm. Johnson, Charles Sledge and Jeremiah Ellis having been summone in order to their beinge sworne of the grand jury for the ensuing yeare appeareing at the Court and refusing to be sworne are severally fined according to Law. [Surry County Order Book 1691-1713, page 251.]
This is the first appearance of Charles Sledge in Surry records — he was not taxed in Surry in 1703 or earlier so he must have just now moved into the county.
10 Oct 1704
Deed: Robert Clarke of Southwarke Parish to Charles Sledge and wife Mary Sledge for life and then to their son John Sledge… 100 acres adjoining Thomas Chappell and said Clarke. Signed: Robert Clarke. Witness: Samuel (x) Clarke, Martha Horton. [Surry County Deed Book 5, page 322, as abstracted by William Lindsay Hopkins.]
Robert Clarke had bought land from Thomas Chappell in Charles City County in 1694. That parcel evidently spanned the county line, partly in Prince George County and partly in Surry County. He does not appear in Surry tithables lists, so apparently lived on the Prince George County side of the line until this time. He appears with 400 acres on the 1704 Quit Rent list in Surry.
The deed below suggests that the land sold to Charles Sledge was just south of the general vicinity of Cooks Bridge over the Blackwater. The reference to “Warrick Road” places it near the Prince George border.
1704
Quit Rents: Gilbert Haye – 200 acres, Prince George County
1 May 1706
Deed: Robert Clarke to his daughter and son-in-law Robert Carlisle and Elizabeth Carlisle, for life and then to their son Robert Carlisle… 100 acres in Southwarke Parish bounded by the Warrick Road and Charles Sledge. Signed: Robert Clarke. Witness: John Rawlings, Richard Norwood. [Surry County Deed Book 5, page 351, as abstracted by William Lindsay Hopkins.]
According to old maps, the Warwick Road ran from about 9 miles inside Surry roughly west to Newmarket, passing just below Cook’s Bridge. Prior to this, Robert Carlisle appeared in Prince George County records.
7 Nov 1710
At a Court held for Southwarke Parish: Certificate is granted Charles Sledge to the Secretary’s Office for fifty acres of land for importation of himself into this Colony, he having made oath as the law directs, having been in twenty four years, & was a servant when he came.
The court generously issued 15 headright certificates to former servants on this day, the last one to Charles Sledge. (The court actions were generous because former servants, almost by definition, did not pay their own transportation.) These certificates could be sold like any other commodity and were worth about 5 shillings as a substitute for purchase patents.
18 Mar 1712/13
In the case William Chambers vs. David Hey, for 500 lbs tobacco & 9 shillings due by account, Major Nathaniel Harrison appearing in court confessed judgment of said sums, it is therefore ordered that the said Nathaniel Harrison pay 500 lbs. tobacco and 9 shillings plus half costs. [Surry County Order Book 1691-1713, page 417.]
20 May 1713
Grand Jury Presentments: … David Hey, cause unspecified. Sheriff ordered to summon David Hey to appear at next court to answer presentment… [Surry County Order Book 1713-1718, page 1.]
At a court held 17 June 1713 the grand jury presentment was dismissed. [Ibid.,page 7.] He married Alice Digby, widow of Charles Digby. There are no other references to a David Hey. Could this name be David “Key”?
21 Oct 1713
Court: Mary Gorden appointed administratrix of John Gorden deceased. Gilbert Hay and John Weaver her securities. [Surry County Order book 1713-1718, page 15.]
Mary Gordon was a daughter of Gilbert Hay of Prince George County. See the 1715 bond in Prince George County records.
16 Feb 1714/15
Court: In the action of debt between William Drew Plt. and David Hey deft., the deft. being called & not appearing, judgment is granted against him unless he appears at the next court… [Surry County Order Book 1713-1718, page 51.]
At the next court, 16 March 1714/15, judgement was awarded to William Drew versus David Hey in the amount of £1:13s:9d as due by bill. Judgment also awarded to William Chambers versus David Hey in the amount of 1,000 lb of tobacco. [Ibid., page 53, 54.]
David Hey must have lived in Surry, as defendants were sued in their county of residence, but he appears in no other records that I have found. It is peculiar that his surname is consistently written as “Hey” rather than “Hay” — not sure what to make of that.
There is a gap in Surry County Court Records from 1713 to 1741
(Deeds and wills exist for the period)
17 Feb 1719/20
Will (undated) of John Weaver proved by oath of John Mason, Gilbert Hay, William Weaver. [Surry County Wills & Deeds Book 7, page 244.]
2 Feb 1720
Deed: James Jones of Martins Brandon Parish in Prince George County to James Jones Jr. of Lawnes Creek {Parish of Surry County, for 5 shillings, 298 acres part of tract of 996 acres taken up by John Chappell of Charles City County on 10 Oct 1701 and conveyed by him to James Jones… bounded by the Spring Branch and Atsamoosack Swamp.. Witness: Gilbert Hay, Mary (x) Flind, Thomas Sempile. [Surry County Deed Book 7, page 295, as abstracted by William Lindsay Hopkins.]
Although recorded in Surry County, the Gilbert Hay witness was probably the one in Prince George. Note that Gilbert Hay Sr had written and witnessed the will of James Jones’ father.
2 Feb 1720
Deed: James Jones of Martins Brandon Parish in Prince George County to Robert Jones of Lawnes Creek {Parish of Surry County, for 5 shillings, 200 acres part of tract of 996 acres taken up by John Chappell of Charles City County on 10 Oct 1701 and conveyed by him to James Jones… bounded by the Spring Branch and Atsamoosack Swamp.. Witness: Gilbert Hay, Mary (x) Flind, Thomas Sempile. [Surry County Deed Book 7, page 295, as abstracted by William Lindsay Hopkins.]
3 Nov 1725
Will: Charles Sledge being in a very sick and weak condition… I give and bequeath unto my son in law John Ellison 75 acres of land during his natural life… upon Pigeon Swamp the place where he now dwells, and after his decease to my granddaughter Judy Ellison and her heirs forever… I give unto my son John Sledge 100 acres land bounded by Samuel Chappell’s line on the one side and one Col. William Randolph line of the other side… I give unto my daughter Martha Sledge one 3 year old heifer… I give unto my daughter Rebecca Ivy one yearling heifer.. I give unto my granddaughter Judy Ellison one 2 year old heifer… remainder of estate to wife Martha Sledge. Appoints “my loving wife Mary Sledge” executrix. Signed: Charles (x) Sledge. Witness: Samuel Chappell, John Peeble, Samuel Clarke. Proved at a court held at Southwark 16 February 1726/7 by path of Samuel Chappell and John Peeble and Mary Sledge qualified as executrix. [Surry County Wills & Deeds Book 7, page 623.]
As of late 1725 the daughter Martha Sledge is still single, not yet married to Peter Hay. Charles Sledge’s land was quite close to Gilbert Hay and to the Prince George County border.
Note that in 1737 Judith Ellison sold to John Sledge 75 acres of the land left to John Ellison. The name of John Ellison’s wife does not seem to be recorded anywhere.
8 Apr 1726
Will: Thomas Griffis leaves his plantation “where I now live” extending to Frenchman’s Branch to wife Mary Griffis, land on the other side of the Branch to son Thomas Griffis. Negro to wife then to son Edward. Land in Prince George County to son John. Land on Three Creeks in Isle of Wight County to sons Travis and Edward. Other legacies to daughter Jane, daughter daughter Mary, daughter Elizabeth. Wife charged with education of children until they reach the age of 21. Wife Mary and brother-in-law Travis Morris executors. Proved 21 September 1726. Estate presented 19 October 1726 by Mary Hay, executrix. [Surry County Wills & Deeds Book 7, page 649, 650.]
From later records, Mary Griffis married Gilbert Hay. And rather quickly after her husband’s death. Note that Gilbert Hay’s will of 1758 makes bequests to the all bu tone of the children of Thomas Griffis.
The land dispensed in the will was a 450-acre parcel spanning the Prince George County line that Thomas Griffis had bought in 1717. The plantation on the Surry County side of the line was left to Mary and that is apparently where she and Gilbert Hay lived for the rest of their lives. Although Gilbert Hay bought land in what later became Sussex County, he never lived there himself, instead seating his Griffis stepchilden on it.
8 Jan 1726/7
Will: I Mary Sledge of Surry County… being in good health of body & of sound & perfect mind… I give and bequeath unto my daughter Rebecca Ivie one breeding yew (sic). I give and bequeath unto my son John Sledge one breeding yew (sic). I give and bequeath unto my granddaughter Judith Ellison two pewter dishes to be delivered to her when she attains the age of twenty one or marries. All the rest and residue of my estate, goods, and chattels whatsoever I do give and bequeath unto my daughter Martha Hay and her heirs… appoint my son in law Peter Hay executor… Signed: Martha (x) Sledge Witness: Edward Prince, Eliza Prince, Thos. Hay. Proved at a court for Southwark on 17 July 1728 by oath of Edward Prince and Thomas Hay, and Peter Hay qualified as executor and posted bond. [Surry County Deeds & Wills Book 7, page 826.]
The daughter Martha has married Peter Sledge sometime between Charles Sledge’s will and Mary Sledge’s will. (She was still “Martha Spedge” in her father’s will.)
13 May 1728
Deed: Thomas Weeks to Richard Tomlinson, both of Prince George County, for £8, 150 acres on the east side of Black Swamp, bounded by the dividing line between said Thomas Weeks and John Rosser and the patent granted to Thomas Weeks on 5 September 1720. Signed: Thomas Weeks. Witness: Gilbert Hay, Edward Prince. [Surry County Deed Book 7, page 801, as abstracted by William Lindsay Hoplkins.]
Deed: Thomas Weeks to Jphn Rosser, both of Prince George County, for £5, 100 acres on Black Swamp. (Elizabeth Weeks, wife of Thomas Weeks relinquishes her right of dower.) Signed: Thomas Weeks. Witness: Gilbert Hay, Edward Prince. [Surry County Deed Book 7, page 803, as abstracted by William Lindsay Hopkins.]
Edward Prince had been a close neighbor of Gilbert Hay’s Ivey in-laws in Prince George County. Some Prince genealogist believe both men married Ivey women, though the evidence is lacking in the case of Edward Prince.
7 Mar 1728/9
Will: Mary Cotton, witnessed by John Paynter and Alex. Hay. [Surry County Deeds & Wills Book 7, page 298.]
8 Dec 1729
Will: John White… livestock to son-in-law Thomas Lawrence, one heifer to “cozen” Sarah Hays, one heifer to grandson Wm. Morris, household goods to grandson John Lawrence, household goods to granddaughter Elizabeth Lawrence, rest of estate to Thomas Lawrence. Witness: Lawrence House, William Renn, E. Wingfield. [Surry County Deeds & Wills Book 7, page 1005.]
“Cousin” traditionally was used to indicate “nephew or niece”. This may be the same Sarah Hay who was the wife of Charles Hay.
16 Feb 1729/30
Deed: Nicholas Partridge and wife Mary Partridge to Robert Carlisle… 100 acres on the south side of the main Blackwater Swamp and bounded by Elizabeth Carlisle and Charles Sledge (being land granted to Nicholas Partridge on 23 March 1715.) Signed: Nicholas Partridge, Mary (x) Partridge. Witness: Richard Rives, Henry Briggs. [Surry County Deed Book 7, page 1006, as abstracted by William Lindsay Hopkins.]
Tracing though patents and deeds of Charles Sledge and his neighbors, Charles Sledge and Robert Carlisle lived quite close to the property of Gilbert Hay. That proximity may explain why Gilbert Hay was godfather to Richard Carlisle.
6 Feb 1732/3
Will of James Porche — mentions grandson Alexander Hay and witnessed by John Paynton, Wm. Bridges, Alexander Hay. [Surry County Deeds & Wills Book 8, page 264 as abstracted by Lyndon H. Hart III.]
1 Feb 1732/3
Deed: Nicholas Bush of Lawnes Creek Parish to Charles Hay of Martins Brandon Parish in Prince George County, 100 acres on the north side of Nottoway in Lawnes Creek Parish and bounded by Cabbin Branch and John Harker (being land granted to Amos Tims on 5 September 1723). Signed: Nicholas Bush. Witness: Peter Bagley, Thomas Cutim(?) [Surry County Deeds & Wills Book 8, page 354, as abstracted by William Lindsay Hopkins.]
A son of old Gilbert Hay just now moving into Surry County. See also 1741 patent to Lemuel Lanier.
24 May 1734
Patent: Richard Hay “of Surry County”, 200 acres on the north side of Three Creeks, beginning at a maple on the west side of Odiums Branch, a line tree of Peter Poythress land thence by Poythress line W 96p to a hickory then N50W 67p to a red oak a line tree of George Hamilton’s land then N30E 184 p to a white oak then N70E 88p to a white (oak?) sapling by the side of Odiums Branch aforesaid and down the various courses of the run of the said branch to the beginning. [Virginia Patent Book 15, page 223.]
This was in the extreme southern part of Surry County almost on the Isle of Wight (later Southampton) County line. A 1747 patent to Richard Bland (renewed to Bavid Mason in 1760) for 1167 acres that bordered Richard Hay, William Solomon, Lewis Solomon as well as Odiums Branch, was partly in Sussex County and partly in Southampton County.
18 Nov 1734
Deed: Richard Moore of Bertie Precinct in North Carolina to Gilbert Hay of Surry County, 650 acres on both sides of the Great Swamp, Signed: Richard (x) Moore. Witness: John Chapman, Joseph Allen. [Surry County Deeds & Wills Book 8, page 423, as abstracted by William Lindsay Hopkins.]
Gilbert Hay sold 200 acres of this tract a year later to Gilbert Prince and another 200 acres in 1750 to William Tomlinson. The remaining 250 acres of this tract were devised in his will of 1758. Since it is not credible that he was 103 when he wrote his will, this must be the son of the Gilbert Hay who deposed that he was age 63 in 1719, and who evidently never left Prince George County. Under that assumption, the Surry references to Gilbert Hay are probably to Gilbert Hay Junior. (The “junior” was not needed if his father was in a different county.)
30 Mar 1735
Birth: William Hay, son of Charles & Sarah Hay. [John Bennett Boddie, Births, Deaths and Sponsors 1717-1778 from the Albemarle Parish Register…, page 61.]
Some families recorded births later that occurred prior to the formation of the parish. Henceforth this source will be rended simply as “Boddie, Albemarle Parish Register”.
15 Sep 1735
Deed: Thomas Clark to John Allen, both of Southwarke Parish, 1 acre on south side of Little Creek adjoining Thomas Allen, said Clark and said Allen. Witness: James Baker, Robert S. Woobank, Richard Ransom, Charles Hayes. [Surry County Deeds & Wills Book 8, page 521, as abstracted by William Lindsay Hopkins.]
1 Oct 1735
Deed: Gilbert Hay to Gilbert Prince, both of of Southwarke Parish, 200 acres (being part of a greater tract granted to Richard Moore) on the north side of the Great Swamp. Signed: Gilbert Hay. Witness: William SImmons, Nicholas Partridge. [Surry County Deeds & Wills Book 8, page 562, as abstracted by William Lindsay Hopkins.]
9 Oct 1737
Birth: Amy Hay, daughter of Charles & Sarah Hay. [Boddie, Albemarle Parish Register, page 61.]
1738
Lawnes Creek Parish and Southwarke Parish were restructured. As of 1738 all the area north of the Blackwater River is now Southwarke Parish and the area south of the Blackwater is now Albemarle Parish. [See Hening’s “Statutes at Large” Vol. 5, page 75.]
20 Apr 1740
Birth: Elizabeth Hay, John Prince, Daniel Prince sponsors of John, son of Joseph & Mary Prince. [Boddie, Albemarle Parish Register, page 114.]
Who is Elizabeth Hay?
2 May 1740
Birth: Richard Hay, son of Richard & Frances Hay. Sponsors: Lewis Solomon Jr, Mathew Hubbard, Mary Barlow. [Boddie, Albemarle Parish Register, page 61.]
26 Jun 1740
Birth: Henry Hay, son of Charles & Sarah Hay. Sponsors: David Duncan, Eliz. Duncan. [Boddie, Albemarle Parish Register, page 61.]
20 Sep 1740
Birth: Richard Hay, Lewis Solomon Sr., Martha Solomon sponsors of John, son of Lewis Solomon Jr. and Betty. [Boddie, Albemarle Parish Register, page 131.]
22 Nov 1740
Birth: Anne Hay, Mathew Hubbard, Anne (Main?) sponsors of Mary, daughter of Thomas and Rosamund Underwood. [Boddie, Albemarle Parish Register, page 21.]
Who is Anne Hay? Could this be another typo — there is an Anne Ray mentioned in the same book.
9 Feb 1740/41
Birth: Mary Hay, daughter of Joshua & Mary Hay (sic). Sponsors: Joseph Lane, John Phipps, Sara Lane. [Boddie, Albemarle Parish Register, page 61.]
This is certainly a typo — the name is “Ray” and not “Hay”. There was a Joshua “Ray” in the area and Boddie lists (page 86) Joshua Ray as a sponsor to a child of Joseph and Lucy Lane. Looks like Joseph Lane and Joshua Ray were sponsors of one another’s children.
20 Mar 1740/1
Birth: Elizabeth Hay, John Prince, Daniel Prince sponsors of Jesse, son of Wm. and Hannah Carrell. [Boddie, Albemarle Parish Register, page 21.]
Who is Elizabeth Hay? Spelling of “Price” corrected to “Prince”. Another typo by Boddie or his typesetter.
6 Jul 1741
Birth: Richard Hay, Lewis Solomon Jr. , Martha Solomon sponsors of Isam, son of William and Ruth Solomon. [Boddie, Albemarle Parish Register, page 131.]
Ruth Solomon was Richard Hay’s sister. Ester Hay was later a sponsor of Sucky, daughter of the same couple {ibid., page 131)
24 Sep 1741
Birth: Sarah Hay, Henry & Lucy Pritchard sponsors of Sarah, daughter of John & Lucy Cotton. [Boddie, Albemarle Parish Register, page 31.]
30 Jan 1741/2
Patent: Lemuel Lanier, 200 acres in Surry County on the north side Nottoway River beginning at a pine on the north side of the Cabbin Branch a corner of Charles Hay‘s land thence by Hay’s lines N20E 98p to a white oak, N30W 56p to a live oak, S82W 119p to a hickory a corner of the said Lanier’s other land… [Virginia Patent Book 20, page 100.]
16 Mar 1742/3
Ordered that the Churchwardens bind out Alexander Hay, son of Alexander Hay according to law. [Surry County Order Book 1741-1744, page 101.]
This typically meant that the court was providing means of support for a child (often an orphan) who would otherwise be dependent on the local parish for his support and maintenance.
30 Mar 1743
Patent: Lewis Solomon the younger, 200 acres in Surry County on north side of Three Creeks… beginning at a maple on the south side Odiam’s Branch a corner of Thomas Underwood’s land and a line tree of Gilbert Hays‘s land, thence by Hays’s line crossing the said branch N40W 270p to a white oak… John Roberts land… Georege Hamilton’s land… a small white oak by the side of the Gum Branch a line tree of Richard Hays‘s land thence by Richard Hays’s line N30E 107p to a white oak… [Virginia Patent Book 20, page 502.]
Some of these lines are mentioned in the 1747 patent to Richard Bland that spanned the border between Sussex and Southampton counties.
21 Sep 1743
A bond from Elizabeth Hight to David Dunkinson was proved by the oath of John Hays. [Surry County Order Book 1741-1744, page 161.]
It is unknown if John Hays was a member of the Gilbert Hay family or was from a different Hays lineage altogether. He does not appear to be connected in the records to the other Hay men.
21 Sep 1743
An indenture of Apprenticeship between Mary Hays in behalf of her son Edward Griffis of the one part and James Anderson of the other part was acknowledged by the sd. Mary and by the court ordered to be recorded. [Surry County Order Book 1741-1744, page 161.]
Edward Griffis was born before his father wrote his will in early 1726, so was at least 17 or 18 at this time. It’s unusual for a parent to apprentice a child that old since a children aged 14 or more could apprentice himself and choose his own master and occupation.
17 Nov 1743
John Hay one of twelve grand jurymen sworn. [Surry County Order Book 1741-1744, page 190.]
29 Dec 1743
Deed: Charles Hay of Craven County in North Carolina to Samuel Lanier of Surry Count, for £15, 100 acres (being land granted to Amos Times on 5 September 1723) on north side of Nottoway River and bounded by the Cabbin Branch and John Barker. Signed: Charles (x) Hay. Witness: Benjamin Clements, William Andrews, Richard Parker, Jr. Proven by oaths of the witnesses on 15 February 1743/4. [Surry County Deed Book 4, page 185 as abstracted by William Lyndsay Hopkins.]
Presumably this is the brother of Gilbert Hay (see his 1758 will) who has a son named Gilbert Hay. Oddly, his land was still being described as Charles Hay’s in a 1747 deed (see below).
A Gilbert Hays who may be the same Gilbert Hays who was the son of Charles Hay was in Edgecombe County by 1749 (see Edgecombe County Hayes records)
27 Mar 1743/4
In obedience to an order of vestry of 13 October 1743… we have processioned the several tracks (sic) of land in our precinct belonging to those hereafter nam’d:
…Richard Hay mentioned six times as a processioner of land owned by Thomas Avent, Wm. Solomon, Lewis Solomon Thomas Underwood, others… [Virginia Lee Hutcheson Davis and Andrew Wilburn Hogwood, Albemarle Parish Vestry Book 1742-1786, (Genealogical Pub. Co., 2008), page 11.]
— — 1744
Will of David Duncan of Albemarle Parish, Surry County, witnessed by Hugh Ivey, John (x) Hays. [Surry County Deeds & Wills Book 8, page 508.]
John Hays signed with a “JH” mark.
3 Dec 1744
Deed: William Killingsworth of Edgecombe County, North Carolina, to Benjamin Baird, for £1:15s, 60 acres on the south side Otterdam Swamp, in Southwarke Parish and bounded by Moses Hill. Witness: Gilbert Hay, Thomas (x) Price, Francis Griffis, C. Hamilton. [Surry County Deeds & Wills Book 4, page 251.]
15 May 1745
Ordered that the Churchwardens of Albemarle Parish bind out Peter Hays son of Susanna Hays according to law. [Surry County Order Book 1744-1748, page 41.]
Not clear who this was.
15 May 1745
Suit: In the matter of William Buchanan plt. vs. Richard Hays deft. on a petition for £2:11s:2d said to be due by account. After hearing arguments the court judgement is for plaintiff in the amount of £1:1s:7d… On the motion of Gilbert Prince, a witness for Richard Hays it is ordered that he pay him 100 lbs of tobacco for four days attendance at this court. On the motion of Elizabeth Martin, a witness for Richard Hays it is ordered that he pay her 25 lbs of tobacco for one day attendance at this court. On the motion of Thomas Underwood, a witness for Richard Hays it is ordered that he pay him 100 lbs of tobacco for four days attendance at this court. On the motion of John Martin, a witness for Richard Hays it is ordered that he pay him 100 lbs of tobacco for four days attendance at this court. William Buchanan was ordered to pay his witnesses William Solomon, John Gilliam, William Barlow, John Avent, and Samuel Alsobrook, [Surry County Order Book 1744-1748, page 45-46.]
The witnesses are mostly neighbors of Richard Hays in the part of Surry that will shortly become Sussex County. Defendants are always sued in their county of residence.
17 July 1745
Hugh Ivey and John Hays appeared in court to prove the will of David Duncan. [Surry County Order Book 1744-1748, page 62.]
20 Nov 1745
Inventory: John Hays, Thomas Atkins, Thomas Cotton, and Joseph Mason ordered to appraise the estate of Robert Good deceased. Inventory presented by John Hay (sic) et al 16 April 1746 [Surry County Order Book 1744-1748, page 99 and Deeds & Wills Book 9, page 530]
I could not find another citation for Robert Good, but Thomas Cotton and Joseph Mason both lived very near the Prince George county line just north of the land of Gilbert and Richard Hay.
23 Feb1745/6
Birth: Elizabeth Hay, Timothy Ezell Jr., Mary Porch sponsors of Mary, daughter of Edward & Elizabeth Lee. [Boddie, Albemarle Parish Register, page 86.]
18 Jun 1746
Suit: John Hay plt. vs. Richard Carter deft., the plaintiff failing to prosecute, the suit is dismissed. [Surry County Order Book 1744-1748, page 184.]
12 Aug 1746
Birth: Richard Hay, Mary Hix, Mary Mayne sponsors of Mary, daughter of John & Mary Hilll. [Boddie, Albemarle Parish Register, page 65.]
21 Jan 1746/7
Suit: The attachment obtained by Gilbert Hays against the estate of Peter Duncan is dismissed, it being agreed by the parties. [Surry County Order Book 1744-1748, page 256.]
24 Feb 1746/7
Birth: Baalam Hay, son of Richard & Frances Hay. [Boddie, Albemarle Parish Register, page 61.]
19 May 1747
Road Jury: Richard Jones appointed surveyor of the road leading from Wolf Pit Branch to Cooks Bridge on Black Water Swamp, and it is ordered that the male laboring tithables belonging to the said Jones, Benjamin Baird, John Averys, Thomas Averis (sic), Thomas Griffis, Gilbert Hays, Timothy Santy, and Michael Donnelly be placed under the said Jones’ direction as a company to enable him to comply with that office. [Surry County Order Book 1744-1748, page 307-8.]
Cook’s Bridge over the Blackwater was where Highway 602 (Cabin Point Road) crosses the Blackwater literally a mile or so from the point where Surry, Sussex, and Prince George Counties meet. The road in question may have been Cabin Point Road, which roughly parallels the Prince George County line about 2-3 miles away as it runs southwest from Cook’s Bridge.
21 Jul 1747
Deeds: William HInes executed five deeds of gift, to sons Richard Hines, Peter HInes, David HInes, grandson William Horvell, and daughter Sarah Drake (wife of Lazarus Drake) for a total of 1400 acres in Albemarle Parish both sides Atchamoosock Swamp. Witnesses: Gilbert (x) Hay, Thomas (x) Sowersby. [Surry County Deed Book 5, pages 57-67, as abstracted by William Lindsay Hopkins.]km,
17 Oct 1747
Deed: Lemuel Lanier and wife Hannah to Thomas Peters, 300 acres in two tracts on north side Nottoway River… the second tract is a patent to Lemuel Lanier of 200 acres on the north side of the Cabbin Branch and bounded by Charles Hays, the Nottoway Indians land, and Joel Barker. [Surry County Deed Book 5, page 161 as abstracted by William Lyndsay Hopkins.]
This deed description was copied from the description in the patent, written when Charles Hays still owned the adjacent land. Charles Hay(s) had sold the land in 1743 as a resident of Craven County, in North Carolina.
17 Jan 1748/9
Suit: Benjamin Baird vs. Walter Barr in debt for £10:10s. Defendant was called but did not appear, court orders judgement against his securities Thomas Griffis and Gilbert Hays unless defendant appears at next court and pleads. Case was continued to a later court. [Surry County Order Book 1744-1748, page 523 and page 578.]
17 Mar 1748/9
Birth: Sarah Hay, Joseph Norton, Alice Norton sponsors of Salley, daughter of Robert and Hannah Pulley. [Boddie, Albemarle Parish Register, page 114.]
8 Feb 1748
Will of William Briggs witnessed by John Hay, Edmund Ruffin, Willet Roberts. [Surry County Deeds & Wills Book 9, page 569.]
14 Mar 1747/8
Processioner’s Report:
Richard Hay a processioner for lands belonging to John Shands, John Morgan, William Solomon, Gilbert Prince, Lewis Solomon, Gilbert Prince and Gilbert Hay.
Richard Hay’s land processioned by Lewis Solomon, John Hill, and William Solomon.
Gilbert Hay’s land processioned by Lewis Solomon, Edward Griffis, and Richard Hay. [Virginia Lee Hutcheson Davis and Andrew Wilburn Hogwood, Albemarle Parish Vestry Book 1742-1786, (Genealogical Pub. Co., 2008), page 45.]
Note that William Solomon was married to Ruth Hay, sister of Richard and Gilbert Hay.
20 Aug 1747
Albemarle Parish, Appointment of Processioners: Edward Lee & Peter Hay are appointed to procession from Greens Old Mill along John Hawthorn’s line to the Colledge line thence by that line to Joseph Swamp & down that swamp to Nottoway River & up the same to the mouth of Barlthorp Creek & up that creek to the beginning. [Davis & Hogwood, page 26-7.]
This is a misprint. When the land was processioned a few months later, the report was signed by Peter Hawthorn and Edward Lee (page 35). Peter Hawthorn owned land in this district and was a processioner on several occasions. In 1751, for example, Edward Lee and Peter “Hathorn” were appointed to procession the same district (page 55).
26 Oct 1748
Albemarle Parish: Ordered that the Churchwardens do pay Doctr John Hay £2:18s:0 in ballce. his acct. for levies done and medicins administered to Thos. Davis deceas’d. [Davis & Hogwood, page 47.]
Dr. John Hay begins to appear often in Surry records after this. Whether he was an outsider who is now moving into Surry or whether he belongs in the Hay families that have been here for a while is not known. I strongly suspect that he belongs to a different Hay family.
I have omitted most of the court records that apply to this man on the theory that he was an outsider from a different family. By April 1751 he had married Judith, the widow of Charles Binns.
16 May 1749
Suit: Peter Hay vs. John Morgan in trespass & assault and battery. A Jury found the defendant guilty. Richard Rose and Thomas Johnson, witnesses for Peter Hay, order that Peter Hay pay them each 496 pounds of tobacco for four days attendance and for coming four times 33 miles. Thomas Pate, James Bass, and Nathaniel Barlow ordered paid as witnesses for the defendant John Morgan. [Surry County Order Book 1744-1749, page 546 and 548-9.]
Suits were heard in the county of residence of the defendant; the plaintiff could be located anywhere. In this case, Peter Hay is living in Isle of Wight, but the defendant is a neighbor of Richard Hay and Gilbert Hay. This obviously suggests a connection between the three Hays.
22 Jun 1749
Suit: The petition and summons brought by WIlliam Martin against Thomas Hay (sic) is continued to the next Court. [Surry County Order Book 1744-1749, page 572.] At the August Court The petition of William Martin against Thomas Hoy sets forth that defendant owes him £4:5s “by note of hand and refuseth paiment.” Court finds for plaintiff. [Surry County Order Book 1749-1751, page 10.]
The name appears as HOY in several other contemporary Surry records. Whoever, he was, the court noted that he was deceased by August 1751.
15 May 1750
Deed: Gilbert Hay & wife Mary Hay to William Tomlinson, for £20, 200 acres of the south side of the Great Swamp and bounded by Lewis Solomon (being the upper part of a patent for 600 (sic) acres granted Richard Moore on 28 September 1732 and sold by him to Gilbert Hay). Signed: Gilbert (x) Hay, Mary Hay. Witness: Henry Jarrard (Jarrat?) , Nicholas Partridge, Nathaniel Johnson. [Surry County Deed Book 6, page 94, as abstracted by William Lindsay Hopkins.]
Gilbert Hay is disposing of 200 of his remaining 450 acres in what will become Sussex County.
1 Jun 1750
Patent: Major Tiller, 90 acres in Surry County on the north side of Three Creeks… beginning at a dead pine William Hay‘s corner on the great swamp thence by said Hay’s lineN55E 107p to a black jack Mathew Hubbard’s corner thence by Hubbard’s lines… James Sammons corner… [Virginia Patent Book 29, page 192.]]
18 Jan 1750/51
Deed: Henry Moss, house carpenter, and Susanna Moss his wife, to Dr. John Hay, Practitioner in Physick… 100 acres in Albemarle Parish bounded by James Porch and Muntfort Eelbeck… [Surry County Deed Book 6, page 166 as abstracted by William Lindsay Hopkins.]
19 Feb 1750/51
Suit: Peter Hay vs. Thomas Lucas, the defendant not appearing the court awards a conditional judgment to Peer Hay of an unspecified amount. [Surry County Court Orders 1749-1751, page 186.]
17 Apr 1751
In the matter of the attachment obtained by John Hay & Judith his wife executrix etc. of Charles Binns, Gent., deceased against Edward Long for £25, he “having removed himself or so absconds” the Sheriff has attached his property in the hands of Henry Savage, Loveless Savage, James Moore, James Mooring, & Lewis Long… [Surry County Court Orders 1749-1751, page 202.]
This was the one of a dozen or so court records (not included below) regarding debts to or from the estate of Charles Binns, whose will was dated 16 Oct 1749 and proved five months later 20 March 1749/50. The will named minor children Charles, Elizabeth, Martha, and Lucy plus a child his wife Judith was pregnant with. Judith was still “Judith Binns” in February 1750/51 but was the wife of John Hay by April.
21 May 1751
Suit: Peter Hay vs. Thomas Lucas, the defendant again not appearing the conditional judgment is affirmed, damages to be ascertained by a jury at the next court. [Surry County Court Orders 1749-1751, page 219.]
16 Jul 1751
Suit: Peter Hay vs. Thomas Lucas, the jury finds that Peter Hay “hath sustained damages by occasion of the defendants breach of promise” in the amount of £15:0:6 plus costs. [Surry County Court Orders 1749-1751, page 219.]
This is a substantial amount. The promise that was breached must have been something of substance. Perhaps an offer to buy or sell land? Thomas Lucas does not seem to appear in other records.
30 Oct 1751
Birth: Margaret Hay, Chris. Mason, Wm. Willie sponsors of Aristotle, son of John and Eliz. Eldridge. [Boddie, Albemarle Parish Register, page 40.]
4 Dec 1751
Death: Thomas Eldridge reported by John Hay. [Boddie, Albemarle Parish Register, page 40.]
5 Nov 1751
Birth: Margarett Hay, daughter of John & Judieth (sic) Hay. [Boddie, Albemarle Parish Register, page 61.]
Mar 1751/2
Processioner’s Reports:
Lands of Richard Hay and Gilbert Hay processioned within the same precinct… (similar record to four years earlier). [Davis & Hogwood, page 69.]
Lands of Dr. John Hays processioned. [Davis & Hogwood, page 59.]
17 Nov 1752
Birth: John Hay, Wm. Eldridge, Rebecca Jones sponsors of Robert, son of David & Susanna Jones. [Boddie, Albemarle Parish Register, page 76.]
17 Dec 1752
Undated Will of William Johnson recorded — witnessed by John (x) Tomlinson, Howell Briggs, Samuel (x) Hays. [Surry County Will Book 9, page 838.]
Samuel Hays used a signature mark like a capital letter “P”. Is this the same Samuel Hays of Northampton County, North Carolina?
6 Mar 1754
Birth: Seth Hay, son of Richard & Frances Hay. [Boddie, Albemarle Parish Register, page 61.]
26 Feb 1756
Processioner’s Report:
Land of Dr. John Hay processioned by John Hay and Thos. Adkins… [Davis & Hogwood, page 92.]
26 Nov 1756
“Richard Hay has agreed with the vestry to keep David & Sarah, children of Susanna Goff, for the sum of £16:15s for the year ensuing, funding them necessaries… ordered that the Churchwardens pay to Richard Hay the sum of £3:10s for keeping David & Sarah Goff seven months.” [Davis & Hogwood, page 102.]
26 Nov 1756
“Ordered that the Churchwardens pay to Rich’d Hay £7:10s for keeping & maintaining David & Sarah Goff one year ending 15 October last.” [Davis & Hogwood, page 109.]
1 Dec 1756
Birth: Alexander Hay, John Underhill Jr., Amy Sledge sponsors of William, son of Wm. and Eliz. Wilkerson. [Boddie, Albemarle Parish Register, page 152.]
1757
Albemarle Parish Accounts Report:
Debits
…to paid Richard Hay — £5:12:0
Credits
…by 2240 lb. tobo sold (Doctr?) John Hay 11/5 — £13:1:4
[Davis & Hogwood, page 106.]
14 Apr 1758
Will: Gilbert Hay — to my son-in-law John Griffis two negroes Tony and Janey; to Thomas Griffis, son of Edward Griffis, my plantation in Sussex County whereon Edward Griffis now lives with 125 acres of land; to Edward Griffis four head of cattle besides what he has now in his possession and all my waring (sic) apparell (sic) and one negro boy James; to Betty Prince, wife of Nicholas Prince, the labour of three negroes Luce, Ned, and Davy during her natural life also one feather bed, rug & blanket, and a pair of sheets, a mare and filly and a chest; to my cousin Gilbert Hay, son of Charles Hay, 125 acres of land in Sussex County joining the land I first gave Thomas Griffis it being the lower end of my land and one negro boy John; to Nathan Prince, negro girl Luce after his mother’s decease; to Henry Prince, negro boy Davy after his mother’s decease; to Nicholas Prince, negro boy Ned after his mother’s decease; to Jane Jarret, wife of Nicholas Jarret, my negro boy Robert; to my sister Ruth Solomon, wife of William Solomon, my negro boy Will; to Stephen Johnson one feather bed, rug & blanket, and a pair of sheets; to Lucy Cotton one feather bed, rug & blanket, and a pair of sheets; to James Holloway, son of John Holloway Senr., my best horse saddle and bridle; to Mary Weaver, wife of Edward Weaver, my negro girl Sarah; to Edith Griffis, daughter of Thomas Griffis one feather bed, rug & blanket, and a pair of sheets; to my brother Richard Hay my still tub and worm; to Betty Tatum one negro boy Toney; all the residue of my estate to be sold and equally divided amongst my god children, namely Gilbert Hay, Lucy Cotton, Richard Carlisle, Jane Jarret, Stephen Johnson, James Holloway, Succey Griffis, and Betty Prince. Executors to be Edward Weaver and James Holloway. Signed: Gilbert (x) Hay. Witness: Wm. Cooke (sic), James Cook, John (x) Johnson. Proved four days later on 18 April 1758. [SUrry County Will Book 10, page 138pp.)
Gilbert Hay evidently had no children of his own. The will named a sister, a brother, and a “cousin” (typically meaning “nephew”). Most of the other legatees were his stepchildren or godchildren. Thomas Griffis’s will had named three daughters Jane, Mary, and Elizabeth. They are probably Jane Jarret, Mary Weaver, and Betty Prince.
15 Aug 1758
Inventory: Residual estate of Gilbert Hay — included 91 hogs, 32 cattle, 18 sheep, 1 horse and mare, 3 beehives, “1 Bible & 3 small books”, 2 pair spectacles, 2,669 lb tobacco, quantities of corn and wheat, 14 gallons brandy, numerous household goods of a well-to-do farmer. [Surry County Will Book 10, page 157.]
Note that the estate was located in Surry County, not Sussex County, meaning that Gilbet Hay must have been living on the land that his wife inherited from her first husband.
21 Nov 1758
Accounting: Residual estate of Gilbert Hay — little of interest, estate sale yielded £114 and other credits brought the total to £130 balance after debits. No record of distributions, [Surry County Will Book 10, page 170.]
11/12 Feb 1760
Processioner’s Report:
Lands of Richard Hay and Gilbert Hay processioned within the same precinct… (similar record to those earlier). [Davis & Hogwood, page 125.]
1 Mar 1760
Birth: Judith Hay, Wm. & Eliz. Willie, sponsors for Martha, daughter of Joseph and Margaret Bell [Boddie, Albemarle Parish Register, page 13.]
8 Apr 1760
Processioner’s Report:
Lands of John Hays processioned … [Davis & Hogwood, page 127.]
Selected Records after 1760
5 Feb 1763
Birth: John Hay, son of John & Susanna Hay. Sponsors: William Scoggin, Henry Porch Jr., Jane Scoggin. [Boddie, Albemarle Parish Register, page 61.]
15 Aug 1764
Birth: Moses Bullock, son of William and Frances Bulloch. Sponsors: Richard Hay, Richard Hay Jr., Lucy Hay. [Boddie, Albemarle Parish Register, page 19.]
21 Apr 1767
Parish Accounts: …Pd. Richard Hay Jr. p. order of vestry — £2:10:0 [Davis & Hogwood, page 177.]
26 Feb 1768
Processioner’s Report:
Land of Richard Hay processioned… [Davis & Hogwood, page 175.]
5 Jan 1769
Birth: Richard Bullock, son of William and Frances Bulloch. Sponsors: Robert & Curtis Lynne, Margaret Hay. [Boddie, Albemarle Parish Register, page 19.]
Margaret Hay was also a sponsor of Judith, daughter of John & Lucy Cargill in 1773.
4 May 1769
Birth: Lucy Hay, daughter of Howell & Mary Hay. Sponsors: David Mason, Eliz. Prince, Mary Pate. [Boddie, Albemarle Parish Register, page 61.]
2 Jul 1771
Birth: David Hay, son of Richard Hay Jr. & Ede Hay. Sponsors: David Mason, Ruth Hay, Mary Whitehead. [Boddie, Albemarle Parish Register, page 61.]
18 Dec 1786
Will: Richard Hays. Wife Frances Hays a small part of the land I live on for life. Son John Hays 100 acres whereon he now lives. At wife’s death the land I bought from John Northington to be sold and divided between my children, viz: Richard Hays, Balaam Hays (others not named). Executors sons Richard Hays and Balaam Hays. Witness: William Grizzard, Thomas Mason, David Mason. Proved 18 September 1788. [Sussex County Will Book D, page 518 as abstracted by William Lindsay Hopkins.]