John Hayes

John Hays, Hayes, Haye, Hais, Hase ca/bef 1650 – est 1730 | his parents
of Bertie Precinct

Capt. Jacob John Hayes

---

This is my working hypothesis – the way I see it as of this moment!!

---

One John Hayes was son of Peter Hayes, the envoy who died in Va in 1668 per A E Hayes. [I have not checked this out further as of yet]
Jacob John Hayes, ship captain lived at Salmon Ck, NC
He was master of the “Constant” out of London.
He and his first mate Edward Cooke were subpoenaed to appear in court in London re. Bacon’s Rebellion.
Instead of Complying they left the sea and took up land “in Albemarle.”
He dropped the use of his first name and went by John.

– – – – – – – – –

The Quit Rents of Virginia 1704 / compiled by Annie Laurie Wright Smith
Hay, John – Essex Co – – 1000 acres
Hay, William – Nansemond Co — 100
Haye, Gilbert – Prince George Co – 200
Hayes, Adam – ” ” – 1360
” John – King and Queen Co — 100
” Peter – Isle of Wright — 600
” Robert – York — 220
” Thomas – Kingston- Gloucester — 140
” William – Norfolk — 200
Hayes – an orphan – Petso- Gloucester — 60

– – – – – – – – –

Children of John Hays:
?1. Richard Hays bef 1695 –
?2. Peter Hays bef 1704 –
?3. William Hays bef 1704 –
?4. Samuel Hays bef 1703 –
?5. John Hays

 

I think our William Hays of Gates County that married Mary Wright is either the son or grandson of this man Captain Jacob John Hayes.

Chowan Precinct NC 1696 – 1723 abstract by Margaret M Hofmann p 230
15 Oct 1715 Chowan Court – John Hays is on Jury.

18 Apr 1716 Chowan Court – Last Will and Testament of Henry King decd. proved by the Oaths of Christopher VanLuven, John Hayes and Judith Fox.

27 Dec 1716 Chowan – Thomas Bray of Chowan Prect., Gentleman to Robert Evans of Chowan Prect., Planter for a valuable consideration 178 acres more or less on the west shore of Chowan river, joining Thomas Warr and Francis Dun all Houses, Fencing, Orchards, etc. and is the land whereon Richard Hayes now dwells.
Wit: Richard Hayes Rh his mark, William Sharp. Reg 19 Aug 1717.

27 Dec 1716 Chowan РRobert Evans of Chowan Prect., to Thomas Bray of Chowan Prect., Gentleman. 200£ sterling money of Great Britain acres on the west side of Chowan river, joining Edward Taylor and Henry Barnes and is the plantation whereon sd Evans doth Dwell all Houses, Fences, Orchard etc. Wit: Richard Hayes Rh his mark, William Sharp Reg 31 8ber 1717

1 Jan 1716/17 Thomas West of Chowan Prect to Christopher VanLuven of the same Prect. 62£ 640 acres more or less on Coshook Creek, joining William Jones.
Wit: Mart [?] Fred Razor, John Hayes Reg 20 Apr. 1717

17 May 1717 Cary Godbee of Chowan Prect., planter to Thomas Bray letter of attorney to acknowledge sale of Land on Salmon Creek to Col. Thomas Pollock as by a deed dated 17 may 1717 Wit: Thomas West, John Hayes Reg. 31 8ber 1717. [also wit. deed]

July Ct 1719 Chowan РRobert Calf vs John Hais the sd Hais being returned arrested at the suit for 2£ 11 sh and failing to appear, it is considered by the Court that the Plaintiff recover and have 2£ 11 sh with costs against the Marshall unless the sd. Def. appear and Answer at the next Court.

11 April 1720 – In Captn Robt Patterson Company from Meherrin Creek to Meherrin River & up the river on both sides: Pett? Hayes [new] and Willm. Hayes [new]

12 May 1720 – John Hays of Chowan Prect., Cooper to John Bryan the son of Edward Bryan. power of attorney to receive money due me in the province of NC.
Wit: John Bryan, James Bate
Reg. Chowan Ct 20 Oct 1720. Test: Thomas Henman, Clerk. – DB F#1 – 88

13 Nov 1724 Saml. Hays is on Jury to lay out Road from Mr. Simon Jefferies Landing on Roanoke River to the maine branch that begins at Mr James Bryants & goes to Chesshires Landing on Meherin River where the trading Vessells comonly lye according to law and that William Bridges be & is hereby appointed Overseer of the said road for the Ensuing Year. Bertie Ct Minutes

N C Patents 1663 – 1729 abstract by Hofmann p 230
1 Dec 1727 John Haye 440 acres on the South side of Morattock River in Bertie precinct, joining Elk Marsh Wit: R Everard

1 Dec 1727 John Haye 250 acres on the South side of Morattock River in Bertie precinct, joining the Elk Marsh Swamp Wit: R Everard.

Colonial Bertie County Deed Books 1720 – 1757 abstracts by Mary Best Bell
Feb 1727 Bk B-356 John Colston to John Hayes 20¬£ for — At fork of Roquist. Pat to Luke Measles and conveyed to George Clark dec’d and by Clark’s executors conveyed to Colston. Wit: William Little, Robert Forster. Bertie Feb Ct 1727. Edw. Mashborne D C/C

13 Aug 1728 Bk C-5 William Bracewell & wife Margarett to Thomas Daughtry of Nansimond Co VA 8¬£ for 200 acres on Yohohoh Swamp at Patterson Branch “William Bracewell son and heir of William Bracewell dec’d….8¬£ paid to my father…. bond dated Feb 10 1718….”
Wit: John Dickinson, Peter Hase, James Holland. Bertie August Court 1728 Edw. Mashborne D C/C

27 April 1728 Bk B-416 James Williamson & wife Constance to William Battle of Nansemond Co VA 120£ for 300 acres on Roquist Swamp. At dividing line between Williamson and Jonathan Taylor. Being part of grant to Williamson on 5 April 1720.
Wit: John Hays, John Battle, William Walston, Phillip Walston power of atty. Bertie May Court 1728 Edw Mashborne D C/C

8 May 1733 Bertie Ct house on timber branch – deed of sale from Hardy Council to Peter Hays ackd. Deed of Sale from Silvanus Stokes to Peter Hays proved by Edwd. Wiggons jurat.

29 Aug 1733 Bk D-69 James Blount & wife Catharine [Katherine] to Thomas Watson 12¬£ for 200 acres to “our well beloved friend.” adj Cashy Swamp.
Wit Peter Hease [?] John Watson Bertie May Court 1734

Oct 1733 Bk E-3 Nichollas Sessums to Peter Hayes [Haze] 20¬£ for 420 acres on Cashy Swamp on “southernmost branch” adj Thomas Mann.
Wit: Thomas Mann, John Watson Bertie Aug Court 1736 John Wynns D C/C

13 Aug 1734 – Wm. Hayse on jury to lay out a Road from Wm. Kanes to the Road —– Swamp leading to Maherring River James Lassiter be . . . overseer.

Oct 1734 Bk D-323 Peter Hays [Hayze] to John Watson 20¬£ for 200 acres On “southernmost branch of Casey [Cashiah] Swamp adj. Thomas Mann.
Wit: Thomas Hays, Thomas Watson Bertie August Court 1736 John Wynns D C/C

14 Dec 1734 Bk D-159 John Hays to Hugh Hyman [Highman, Hyghman] 70¬£ for 100 acres on Roquist. Part of a Patent of Luke Mezle and conveyed by him to George Clark dec’d and by Clark’s executors to John Collson.
Wit: James Legett, Joseph Messers [?] Bertie May Court 1735 John Wynns D C/C

9 Nov 1736 – Petn of Peter Hays read & refd. Bertie Ct

13 May 1740 – Wm. Haze overseer in ye room of [that line has been struck through] Bertie

Note: 1741 Northampton Co is formed from Bertie.

22 Feb 1742/43 DBk 1-73 NH Co РPeter Hayes of Bertie Co, planter to John Sherard Jr. of Northampton Co 5£ VA currency paid to Hardy Counsell of Tyrel Co 100 acres more or less on the south east side of Antonky swamp
Wit: Thomas Daughtree, Joseph Sherard, John Oliphant. Reg. Northampton Co May Ct 1743 J Edwards C Ct

19 Aug 1743 1-88 NH Co DBk – John Gray ye within Patentee being in trust for Robert Newsom makes over to the said Robert right and title to the within mentioned land.
Wit: Thomas Whitmell, Thomas Hayes Reg NH Co Nov Ct 1743 J Edwards C/C

22 Nov 1743 1-89 РRobert Newsom of Isle of Wight Co Va to Edward Bass of Northampton Co 15£ current money of VA 225 acres more or less joining Quarter swamp, Joseph Lane, and Robert House, being the lowr part of a tract granted to John Gray in trust for Robert Newsom 21 Nov 1742/3
Wit: Robert Short, John Sutton, Thomas Hayes Reg. NH Co Nov Ct 1743 J Edwards C/C

21 Nov 1743 1-89 РRobert Newsom of Isle of Wight Co Va to Thomas Hayes of Northhampton Co 15£ currect money of VA 225 acres more or less on the north side of Antorky swamp, whereon Thomas Hayes now lives, joining John Bass, Kerbey and Robert House
Wit: Samuel Peete, John Hays, Mary Grant Reg NH Co Nov Ct 1743
J Edwards C/C

9 Aug 1743 -John Hays appd. on an accusation of John Really of a pretended Robbery and the Court on hearing the Evidences & mature deliveration discharged the sd Jno Hays Paying fine + ordd that Jno. Hays return to John Railly two Pewter Dishes & a Bason.
Jno Hays as principal in 10£ Proclon. & Jno. Manon & Thos Reasons as Securities in 5£ Pron. each acknowledged themselves bound in Condn. the sd Jno. Hays be of the good behavior till next Court & appear there.
8 Nov 1743 – John Hays appd. on his Recoge. is discharged paying fee. Bertie

22 May 1743 1-109 РThomas Avent of Northampton Co to Edward Crew od Northampton Co 13£ Va money 200 acres more or less, joining Joseph Hayes, Harris. Gaddow, and Arthur creek part of a greater dividend of land.
Wit: William Acock, John Moore Reg NH Co Feb Ct 1743 J Edwards C/C

10 Jan 1743/44 1-104 NH Co DBk РJames Joyner of Edgecombe Co to Samuel Hayes of Northampton Co 5£ cash 50 acres more or less a parcel of land granted me by a deed from a patent granted to me by a deed from a patent granted to Rebecca Brasswell 1 Mar 1719 on the south side of the Meherrin River joining Elliott, the old Co line, Thomas Boykins and the river, all houses, orchards gardens
Wit: Nathan Williams, Nehemiah Joyner, Francis Gregory Reg NH Co Feb Ct 1743 J Edwards C/C

1 Mar 1744 Р1-234 РSamuel Peete of Surry Co Va Doctor of Physick to Joseph Grant of Northampton Co 22£ 10 sh Va currency 100 acres more or less on both sides of Yourahaw swamp joining William Bennett, William Whitehead and Lane, part of a patent to Thomas Bryant deed for 230 acres 20 Nov 1739
Wit: Thomas [x] Hays, John [x] Hays Reg Northampton Co Feb Ct 1745 Robert Forster C/C

10 Nov 1745 Р1-236 РJohn Edwards of Northampton Co to Thomas Hayes of Northampton Co 29£ of lawful money 139 acres on both sides of Bear Swamp joining Joseph Culpepper, Solomon Fuller, William Boon, part of a patent to John Edwards 6 Apr 1745 for 595 acres
Wit: [not given] Reg Northampton Co Feb Ct 1745 J Edwards C/C

18 Sept 1749 Р1-406- Thomas Hayes to William Boon 6£ current money of Va 225 acres more or less on the north side of the Antonkey marsh where Sawyer Hayes lives joining John Bass, Kerbey and Robert House, part of a 450 acres granted to John Gray 21 Mar 1743
Wit: Robert Powers, Charles Counsell Reg Northampton Co Nov Ct 1749 J Edwards C/C

16 Feb 1750/51 Bk G-376 Peter Hayes to John Hayes Deed of gift for 150 acres “in consideration of Love good will and affection which I have . . toward my loving Son, John Hayes. . .Land on SS Cashey Swamp.
Wit: Charles Horne, Bertie Aug Court 1751

5 June 1753 Bk G-548 Richard Harrell [Herrell] to Samuel Andrews 18¬£ “…being part of a Patent bearing date 1 March 1721…” in the Low Grounds of the River adj. Marmeduke Norfleet at Upper Black Pond.
Wit: John Harrell, Thomas Hays. Bertie Aug Court 1753.

8 Dec 1755 Bk H-299 Peter Hays & wife Bether [Butrice?] to Thomas Hays 10£ for 100 acres on SS Cashy Swamp by deed dated 1755.
Wit: William Poythress, George Vann, John Bryan. Bertie April Court 1756.Bertie

26 July 1758 – John Hays on committee to value land to be used for grist mill.
on 4 Oct 1758 – they made their report. Bertie

2 Feb 1759 – deed of sale from George Sellers & Faithea Sellers to John Hays was proved by the oath of Hardy Hays etc. Bertie

Bertie Co Ct 24 July 1761 the Last Will & Testament of Peter Hays dec’d was ezhibited by Bathya Hays Exx proved by the oaths of John Hays & Thomas Hays. Bertie

13 Oct 1761 Petition of Bathia Hays Exx.. of the last Will and Testament of Peter Hays dec’d praying leave to sell some part of the estate. . . to pay debts and charges Bertie

12 April 1762 – Ordered that Hardy Hays Administrator of John Gof dec’d sell the perishable Estate etc Bertie

---

 

Peter Hays bef 1704 – 1761
& Bether [Butrice?] ?
of Bertie Co NC

---

This is my working hypothesis – the way I see it as of this moment!!

---

 

11 April 1720 – In Captn Robt Patterson Company from Meherrin Creek to Meherrin River & up the river on both sides: Pett? Hayes [new] and Willm. Hayes [new]

13 Aug 1728 Bk C-5 William Bracewell & wife Margarett to Thomas Daughtry of Nansimond Co VA 8 pds for 200 A on Yohohoh Swamp at Patterson Branch. “William Bracewell, son and heir of William Bracewell, dec’d…8 pds paid to my father.. bond dated Feb 10 1718…”
Wit: John Dickinson, Peter Hase, James Holland Aug Ct 1728 Edw. Mashborne D C/C

8 May 1733 Bertie Ct house on timber branch – deed of sale from Hardy Council to Peter Hays ackd. Deed of Sale from Silvanus Stokes to Peter Hays proved by Edwd. Wiggons jurat.

29 Aug 1733 Bk D-69 James Blount & wife Catharine [Katherine] to Thomas Watson 12¬£ for 200 acres to “our well beloved friend.” adj Cashy Swamp. Wit Peter Hease [?] John Watson Bertie May Court 1734

Oct 1733 Bk E-3 Nichollas Sessums to Peter Hayes [Haze] 20¬£ for 420 acres on Cashy Swamp on “southernmost branch” adj Thomas Mann. Wit: Thomas Mann, John Watson Bertie Aug Court 1736 John Wynns D C/C

Oct 1734 Bk D-323 Peter Hays [Hayze] to John Watson 20¬£ for 200 acres On “southernmost branch of Casey [Cashiah] Swamp adj. Thomas Mann.
Wit: Thomas Hays, Thomas Watson Bertie August Court 1736 John Wynns D C/C

14 Dec 1734 Bk D-159 John Hays to Hugh Hyman [Highman, Hyghman] 70¬£ for 100 acres on Roquist. Part of a Patent of Luke Mezle and conveyed by him to George Clark dec’d and by Clark’s executors to John Collson.
Wit: James Legett, Joseph Messers [?] Bertie May Court 1735 John Wynns D C/C

9 Nov 1736 – Petn of Peter Hays read & refd. Bertie Ct

22 Feb 1742/43 DBk 1-73 NH Co РPeter Hayes of Bertie Co, planter to John Sherard Jr. of Northampton Co 5£ VA currency paid to Hardy Counsell of Tyrel Co 100 acres more or less on the south east side of Antonky swamp
Wit: Thomas Daughtree, Joseph Sherard, John Oliphant. Reg. Northampton Co May Ct 1743 J Edwards C Ct

16 Feb 1750/51 Bk G-376 Peter Hayes to John Hayes Deed of gift for 150 acres “in consideration of Love good will and affection which I have . . toward my loving Son, John Hayes. . .Land on SS Cashey Swamp. Wit: Charles Horne, Bertie Aug Court 1751

8 Dec 1755 Bk H-299 Peter Hays & wife to Thomas Hays 10£ for 100 acres on SS Cashy Swamp by deed dated 1755.
Wit: William Poythress, George Vann, John Bryan. Bertie April Court 1756.Bertie

Bertie Co Ct 24 July 1761 the Last Will & Testament of Peter Hays dec’d was exhibited by Bathya Hays Exx proved by the oaths of John Hays & Thomas Hays. Bertie

13 Oct 1761 Petition of Bathia Hays Exx.. of the last Will and Testament of Peter Hays dec’d praying leave to sell some part of the estate. . . to pay debts and charges Bertie

This Peter Hays died in Bertie County NC and his Will was probated on 24 July 1761 at the Bertie County Court. from the abstracts of Ct minutes by Haun

Children of Peter Hayes and Bether/Butrice:
?1. William Hayes c 1720 – ca 1778
married bef 1731 Mary Wright
?2. Thomas Hayes ca 1723 -aft 1773
married Lucretia (Lucy) Sawyer?
3. John Hayes ca 1725 – 1774
married Phebe ?
?4. Balithia 1746 – 1805
Children of Thomas Hayes and Sarah Sawyer?
1. Richard Hayes ca 1750 will 8 Nov 1778 – prob Nov Ct 1786 Bertie Co.
married Edith [Edy] Edwards?
she married 2nd by Nov 1782 James Marsh
i. Penelope Hayes
married 23 May 1786 John Franton
Jacob [x] Bird, Bm
ii. Lavenia Hayes [still underage in 1786]
2. Peter Hayes ca 1751 -died aft 1790
married Isabel ?
3. Sawyer Hayes

1 Dec 1770 Thomas [x] Hayes of Bertie Co to his son Richard Hays of same Deed of gift. 100 acres where he now lives, on south side of Cashy Swamp, Winnegum? Branch Wit: George [x] Bryant, James [x] Hodgbeth, James Pirvis Mar Ct 1771 John Johnston C/C

25 Sept 1773 -M-23 – Thomas [x] Hays planter of Bertie Co to his son Peter Hays Deed of gift. 100 acres where I now live, after my death & the death of my wife Sarah Hays. Wit: William Gough, Isaac [x] Tomlinson, James Pirvise May Ct 1774. John Johnston C/C

Children of John Hayes d by 1774 and Phebe ?:
estate Records of John Hays – div of estate Nov 1777 among the widow Pheby Hays and the children of the dec’d, namely Hardy Hays, John Hays, Rebeckah Stephens, Pheba Jearnigan, Mary Hays and Samuel Hays.
1. Hardy Hayes ca 1750 – dec’d by 1784
married Sarah died bef 1790 Bertie Co
i. Joshua Hayes ca 1770 – dec’d by 1800
married 9 May 1792 Anne Hayes
Josiah Moor, Bm
married Nice
1. Sollomon Hayse ca 1799 –
[ Luke Raby filed gdn actt for the year 1819]
2. Sampson Hayse ca 1796 –
[ Feb 1817 he is of age]
3. Silva Hayse
4. Sarah Hayse died early
5. Ciddah Hayse
ii. Pennelopy Hayes ca 1770 – bef 1825 Bertie Co NC
married ca 1785 John Acree Jr ca 1765 – 1825 Bertie Co NC
iii. Elizabeth Hayes ca 1772 Bertie Co – aft 1815 prob Montgomery Co TN
married 14 Nov 1797 James B Norfleet ca 1769 Bertie – Jan 1839 Port Royal, Montg Co TN
iv. Salley Hayes ca 1774 –
v. Temperance [Tempy] Hayes ca 1776 –
vi. Judith [Judah] Hayes ca 1782 Bertie Co – bef 1850 Robertson Co TN?
married Bertie Co 25 July 1800 Reuben Higgs ca 1780 Bertie Co – bef 1838
William Peel Bm
married 2nd Robertson Co TN 31 May 1838 Richard James
vii. Susannah Hayes 1783 Bertie Co – 1867 Weakley Co TN
married Robertson Co TN 26 Oct 1801 Henry Fiser ca 1776 – ca 1855 Weakley Co TN
2. John Hayes
3. Rebeckah Hayes
married bef Nov 1777 Stephens
4. Phebe Hayes
married bef Nov 1777 [Jesse?] Jernigan
5. Mary Hayes
6. Samuel Hayes
married 16 Oct 1778 Mary Martin
Hardy Hays, Bm

25th of February 1774 John Hays Account of sale by Hardy Hays, admr. buyers:
Absalom Rawls, Benjamin Harrell, Charles Everitt, Sr, Cadar Powell, Ezekial Wimberly, Henry Lee, Hardy Hays, Elizabeth Martin, Hardyman Abbington, James Moore, James Abington, James Hedgebeth, John Acrey, John Hayes, Jr, John Dodrill, John Everit, John Folk, John Jones, Jesse Jernigan, Mary Hayes, Nathan Cullen, Phebe Hayes, Sr, Richard Hays, Samuel Hays, William Powell, William Williams, William Willaby
abstract by David B Gammon

Hardy Hayes [C/86] 7 Mar 1784 Aug Ct 1784
….very weak in body…
Wife Sarah Hayes – horse, mare, sows, etc. Wife – lend my plantation on Cashi Swamp for her lifetime along with the plantation where I now live for the term of seven years, also Negro Simon for the term of twelve years.
Son Joshua Hyes — plantation where I now live, horse, Negro Simon after twelve years
Daughter Pennelopy Hayes — my plantation on Cashi Swamp.
Daughter Elizabeth Hayes – Negro Demie
Five Daughters Pennelopy Hayes, Salley Hayes, Tempy Hayes, Judah Hayes and Susannah Hayes — Negroes Agnes and Tempy in seven years.
EX: Absolam Carney, John Doddrell
Wit: Benjamin Mires, Wm. Andrews, William Edwards, Solomon [x] Page, Jerusea [x] Raby
[abstract by David B Gammon]