Hayes Records in Bertie County, NC 1727 – 1800

All persons were identified as “of Bertie County” unless otherwise noted below.

Some records from the predecessor Chowan County are included below if they refer to locations in Bertie County.

17 May 1717
Deed: Cary Godbee to Col. Thomas Pollock, for £88 sterling money of England, 574 acres on southwest shore bounded by Salmon Creek, north by land lately belonging to Susanna Johnson, south by land of Thomas Pollock, east by King’s plantation.  Signed Cary (x) Godbee.  Witness: Thos. West, John Hays.   [Chowan County Deed Book B-1, page 506-7.]

This is is present-day Bertie County. Salmon Creek is shown on early maps and flows through southeast Bertie County into the Chowan River. King’s plantation is apparently a patent to Henry King on the middle swamp of Salmon Creek,  I note that Cary Godbee had sold part of this land two months earlier, and his widow would sell three years later, with neither deed witnessed by Hays or West.  Mary Godbee, his wife, was the mother of George Fox of Surry County, Virginia, who had sold the land to Godbee in 1710.

11 April 1720
Militia Muster: Capt. Robert Patterson’s Company from Meherrin Creek to Meherring (sic) River and soe up the river of (sic) both sides April 11th, 1720. William Brasswell, William Ricks, William Boon, John Dew Jr., John Rogers… John Jarnikin… John Colson… Robt. Brasswell…Tho. Boon… Tho. Jarnikin…Arthur Williams…Joseph Boon, Nicholas Boon…Rich’d Brasswell…Pete (sic) Hayes, Wililam (sic) Hayes, John Brasswell… [“Miscellaneous Items from Court Records of Chowan Precinct at Edenton, NC”, The North Carolina Historical and Genealogical Register, Vol. 1 (1900), page 443.]

This area described here was in Bertie. The western part was in the part of Bertie that would become Northampton County.  The eastern portion would become Hertford County in 1759.  Meherrin Creek, shown on early maps, was later called Potecasi Creek.  It runs across eastern Northampton County and western Hertford County, emptying into the Meherrin River just above the intersection with the Blackwater that forms the Chowan River.

Note the presence of several names later associated with Hays.

13 Nov 1724
Road Jury:  Saml. Hays and others “…hereby appointed a Jury to lay out the Road from Mr. Simon Jeffries Landing on Roanoke River to the maine branch that begins at Mr. James Bryants & goes to Chesshires Landing on Maherin River where the trading Vessells commonly lye according to Law and that William Bridges be & he is hereby appointed Oversr. of the sd. Road for the Ensuing Year.  [Chowan County Court Minutes 1724-1739, page 32.]

The 1733 Moseley map shows both James Bryants and John Cheshires ferries and the “main branch” road that connected them.  Simon Jeffries landing was somewhere in the general vicinity of where Bridger’s Creek runs into the Roanoke.  The road being laid out here is shown on the 1733 Moseley map running roughly west to east from the vicinity of Bridger’s Creek running across what is now southern Northampton County and southern Hertford County to Bryants Ferry, passing next to the Bertie courthouse in the middle.  Exactly where the jurymen resided is not clear, but several appear to have lived near the eastern portion of this road.

Could this be the same Samuel Hays who showed up in Northampton County almost twenty years later?

1 Dec 1727
Patent:  John Haye 440 acres on the south side of Morattock River in Bertie precinct, joining Elk Marsh Wit: R Everard.   Patent:  John Haye 250 acres on the South side of Morattock River in Bertie precinct, joining the Elk Marsh Swamp Wit: R Everard.  [Hofmann, Margaret M. Province of North Carolina, 1663–1729, Abstracts of Land Patents (M.M. Hofmann, 1983), page 230.]

Elk Marsh (now simply called Marsh Swamp) is shown on the Collet Map of North Carolina as located in what is now Halifax County, considerably west of the Hays families in Bertie and Northampton.The “Morattock” River was later known as the Roanoke River.  Whether this was the John “Hay” of Southampton County, Virginia or another John “Hays” is not completely clear.

__ Feb 1727/8
Deed:  John Coltson [Colson] to Jno. Hayes, Planter, for £20, “beginning at a gum upon the creek that makes the fork of the Roquist” and thence to a red oak corner tree of the head line, running [East] along that line to a red oak in a branch… along the branch to the main swamp so the windings of the swamp to the first station… being part of a patent to Luke Measle and conveyed by him to George Clark dec’d and conveyed by Clark’s executors to Jno. Coltson.  Signed: Jno. Colson   Witness: Wm. Little, Robt. Forster.  Proved February Ct. 1727/8  [Bertie County Deed Book B, page 356]

The acreage was not explicitly identified, but it was 100 acres according to the later deed by Colson’s executors.  The Roquist Swamp rises in western Bertie County and flows southeasterly into the Cashy River a few miles southeast of the village of WIndsor. It could be that the “fork of the Roquist” refers to the intersection of the Roquist and the Cashy River but the later sale of this land sounds more like it was a fork formed by the Roquist and some tributary branch.

This is surely a different John Hay(s) since this land is north of the Roanoke River, and the grant to the John Haye above was south of it and many miles to the west.

27 April 1728 
Deed:  James Williamson to William Battle of Nansemond County, Virginia, for £120, 300 acres beginning at the end of the line dividing James Wmson [Williamson] and Jonathan Taylor next to Rocquist Swamp…part of a patent to the sd. James Williamson of 5 April 1720.  Signed: James Wmson (sic).  Witness: Jno. (x) Hays, Jno. Battle, Wm. Walstone.  Proved May Ct. 1728.  Phillip Walstone appeared with power of attorney from Constance Williamson relinquishing dower. [Bertie County Deed Book B, page 416]

27 April 1728 
Power of Attorney: Constance Williamson to Phillip Walston to appear in court and acknowledge my right of dower in 300 acres sold by my husband to William Battle… Signed: Constance (x) Williamson.  Witness: Jno. (x) Hays, Willm. Walston, John Battle.  Proved May Ct. 1728. [Bertie County Deed Book B, page 417]

Both documents were signed by John Hays with a distinctive mark — like a serif capital “I” with a horizontal line through it — that he also used in later instruments. Note that the John Hays who first appears in Granville County records in the 1760s used the same mark.

13 Aug 1728
Deed: William Bracewell & Margaret his wife, son and heir of William Bracewell dec’d, to Thomas Daughtry of the upper parish of Nansemond County, Virginia, for £8 previously paid to my father for a certain parcel of land, for which William Bracewell dec’d executed his bond dated 10 February 1718, we now transfer 200 acres on Yohohoh Swamp at the mouth of a branch called Patterson’s Branch…  Witness: Jno. Dickenson, Peter (x) Hase, James Holland. [Bertie County Deed Book C, page 5]

Peter Hays signed with his distinctive combination “PH” mark, but this time a PH in mirror image.  This is on Urahaw Swamp — a deed from Brasswell for another piece of this land mentions that it adjoined both Thomas Daughtry and Hardy Council (see below item).

8 May 1733
Bertie Court Records:  Deed of sale from Hardy Council to Peter Hays ackd.  Deed of Sale from Silvanus Stokes to Peter Hays proved by Edwd. Wiggons.  [Weynette Parks Haun, Bertie County North Carolina County Court Minutes, Volume 1.]

These may have been bills of sale, as no such real estate deeds were recorded.  It is unusual for deeds to be unrecorded, but that is another possibility.  Silvanus Stokes had purchased 280 acres on Urahaw Swamp in 1729.  This is apparently close to the Uraha land sold in 1728 by Brasswell.

29 Aug 1733
Deed:  James Blunt & wife Katharine to “our well beloved friend Thomas Watson”, for £12, 200 acres “lying and adjoyning Cashy Swamp”.. part of an unspecified patent.  Signed: James (x) Blunt, Katharine (x) Blunt.   Witness: Peter (x) Hease, John (x) Watson. Proved May Ct. 1734.  [Bertie County Deed Book D, page 69.]

Peter Hays signed with his combination “PH” mark, this time not in mirror image.

— Oct 1733
Deed:  Nicholas Sessums to Peter Hays, for £20, 420 acres lying on the side of Cashey Swamp… beginning at a pine on the southernmost branch of Cashy on Thomas Mann’s line then along his line S50W 160p to a red oak Mann’s corner tree then S90e 320p to a pine then N10E 352½p to a red oak Owen O’Daniel’s corner thence along his line to his corner on the main swamp then up the swamp to the first station.  Signed: Nicholas (x) Sessums.  Witness: Thomas (x) Mann, John (x) Watson.  Proved August Ct. 1736.  [Bertie County Deed Book E, page 3]

— Oct 1734
Deed: Peter Hays to John Watson, for £20, 200 acres lying on the side of Casieh (sic) Swamp… beginning at a pine on the southernmost branch of Casey (sic) on Thos. Mann’s line… from Mann’s line running to the Great Branch then running down the Great Branch E(ast) to the swamp then running up the sd. swamp to the first station.  Signed: Peter (x) Hays.  Witness: Thomas (x) Hays, Thos. (x) Watson.  Proved August Ct. 1736.  [Bertie County Deed Book D, page 323]

The distinctive marks of both Peter (combined “PH”) and Thomas (“T”) were copied into the book by the clerk.

14 Dec 1734
Deed: John Hayes to Hugh Highman [Hyghman] for £70, 100 acres [same description as the land bought from Coltson in 1728] Signed: John (x) Hayes. Witness: Jas. Legett, Joseph Messer. Proved May Ct. 1735. [Bertie County Deed Book D, page 159]

He used a distinctive mark like a Latin “J” — roughly like a block “I” with a horizontal line through it. This the land he bought in 1728.

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” on the signature line but it was consistently “Haze” in the body of the document.

16 Dec 1741
Deed: Susannah Collson, John Collson, Thomas Blount & Thomas Whitmell the executrix and executors of John Collson Senr. dec’d, for £500 less £32 quit rents deducted, 500 acres, a plantation on the south side of Rocquiss (sic) Swamp being a tract patented by Luke Meazle & conveyed to Timothy Truelove and by Truelove to George Clark Glover dec’d and by Jonathan Taylor legatee and James Williamson administrator to the aforesd George Clark conveyed to John Collson Senr. dec’d of 600 acres out of which Collson sold 100 acres to John Hays which 100 acres is excepted in this sale.  (Susannah signed as Susannah Bentleys.  The four signatures were made partly on 16 December 1741 and  partly on 19 June 1742.)  [Bertie County Deed Book F, page 368]

Edgecombe County carved out of Bertie — encompassing the later counties of Granville, Halifax, Bute, Franklin, etc.

Northampton County carved out of Bertie.

9 Aug 1743
John Hays appd. on an accusation of John Really of a pretended Robbery and the Court on hearing the evidences & mature deliberation 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.  [Weynette Parks Haun,  Bertie County, NC County Court Minutes, Vol. 2.]

8 Nov 1743
John Hays appd. on his recoge. is discharged paying fee. [Ibid.]

16 Feb 1750/1
Deed: Peter Hayes “in consideration of the love good will and affection which I have and do bear towards my loving son John Hayes of the County and Province aforesaid”, 150 acres on the south side of Cashy Swamp “beginning at a red oak on the side of a marsh running thence along a line of marked trees up to my head line then down my said line to sd. swamp thence to the first station…  (part of the 1733 purchase).  Signed: Peter (x) Hayes.  Witness: Charles Horne.  Proved August Ct. 1751.  [Bertie County Deed Book G, page 376]

The clerk reproduced Peter Hays’ distinctive combined “PH” mark.  Was his son a different John Hayes?  By the end of this decade there were two different men in Bertie named John Hayes.

This parcel was not sold by John Hayes.  It appears to have been inherited by James Hayes, presumably the eldest son of John Hayes. 

5 June 1753
Deed: Thomas (x) Hays and John Harrell witness to deed by Richard Harrell to Samuel Andrews for 100 acres adjacent to John Harrell, Black Pond, and “the Marsh”… [Bertie County Deed Book G, page 548.]

Thomas Hays used a distinctive “TH” signature mark.

8 Dec 1755
Deed: Peter Hays to Thomas Hays, for £10, 100 acres, on the south side of Cashy Swamp beginning at a swamp running thence up it the said swamp to the Great Branch then up the branch to Thomas Hays (sic) line thence along his line to the branch… “said deed bearing date 1755” on the side of a marsh running thence …  [part of the 1733 purchase].  Signed: Peter (x) Hays, Bether (x) Hays.  Witness: George (x) Vann, John (x) Bryan.  Proved April Ct. 1756. “Bether(?) Hays the wife of Peter Hays” relinquished dower.   [Bertie County Deed Book H, page 299]

Peter’s “PH” mark was reproduced by the clerk who copied the deed.  This deed is confusing and was probably copied inaccurately by the clerk, as a line or two seems to have been omitted — note specifically the reference to the “said deed” as well as confusing metes and bounds.

Thomas Hays is perhaps his son.  He is apparently not the same Thomas Hays who was living in adjacent Northampton County.

Bertie Tax List: List of John Harrel:
John Hayse – 2 polls

The lists are incomplete for this year. The other Hays men and many of their immediate neighbors are missing. Thomas Pugh’s district (see 1759 list) survives, but no Hays are listed. There is no list of William Hollowell’s district, on which list were several Hays men in 1759.  Note that polls at this time were defined as white men aged 16 and over.

24 March 1758
Deed: George Scellers (sic) and Faith his wife of Society Parish in Bertie County, to John Hays of the Parish and County aforesaid, for £17, 200 acres granted to Barnaby Bryan by patent dated 13 December 1755 and assigned to Samuel Jobe…  Signed: George Scellers, Faith (x) Seller (sic).  Witness: James Seay, Hardy Hays.  Proved by Hardy Hays at April Ct. 1759.  [Bertie County Deed Book I, page 222]

The original 1755 grant to Barnaby Bryan for 200 acres mentioned adjacent lands of James Brown, Edward Hawkins, and “Hill”. See NC Patent Book 11, page 26. There are no other clues to the location of this land.

26 March 1758
Coroner’s Inquest:  Thomas Seay drowned on 24 February 1758 in Mary Harrell’s millpond. Inquest held in Bertie County on 26 March 1758, Joseph Hardy, coroner. Jury: Needham Bryan, George House, George Jernigan, Solomond Crery, Abraham Wimberly, Arthur Brown, Thomas Penington, Jesse Harrell, John Skiner, Wodward Toole, James Abington, John Harrell, Samuell Harrell, Jesse Jernigan, Joseph Minton, John Goff, John Hays, Aaron Elliss, William Turner, William Junkeson. [North Carolina Genealogical Society Journal, Vol 1, No. 1, page 15]

16 Oct 1759
Bertie Tax List – List of William Hollowell (three names are consecutive):
Thomas Hays
Peter Hays
John Hays

List of Thomas Pugh:
John Hays – 3 polls

Tax lists during this period were generally not uniform from one militia district to the next, so the absence of poll data in Hollowell’s district is not necessarily significant.  Note that North Carolina taxpayers were generally aged 21 and over, but taxable polls included white men aged 16 and over for lists prior to 1784.

The John Hay on Pugh’s list may be the one who has been in Bertie since the 1720s.  He disappears about this time and a John Hays who used the same signature mark appears in Granville County.

24 July 1761
Last Will & Testament of Peter Hays dec’d was exhibited by Bathya Hays Exx proved by the oaths of John Hays & Thomas Hays.  [Weynette Parks Haun,  Bertie County, NC County Court Minutes, Vol. 2.]   The record forwarded to the Secretary of State reported John Hays as co-executor and spelled her name as Bathyor Hays. [North Carolina Genealogical Society Journal, Vol. 13, No. 4, page 224.]

Bertie wills prior to late 1761 are lost, including this one.   It is unusual for a legatee to also be a witness, so John Hays and Thomas Hays may not have been legatees.  (A witness relinquished his rights to a share of the residual estate.)

Tax List Index — all “H” names grouped together
Hardy Hays – 1 poll
[one name intervenes. William Harrell]
John Hays Sr. – 1
Thomas Hays – 1
[16 names intervene]
John Hays Jr. – 1

John Hays Jr. seems clearly to be the son of Peter Hays.  John Hays Sr. may be his brother.

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 [Weynette Parks Haun,  Bertie County, NC County Court Minutes, Vol. 2.]

Coincidentally, there was a different Peter Hays in nearby Halifax County who left a will dated 3 August 1760 and proved at March Court 1761.  He left five shillings each to his children (named in this order) Charles Hays, Hannah, Rebecca Emry, Edy Phillips, Selve Hays, Winny Hilliard, Milly Hays, and Willie Hays.  Wife Martha Hays was named executrix.  The will was witnessed by a Reuben Hays who was probably not a son for obvious reasons. [See Halifax County Will Book 1, page 24]

5 Jan 1762
Will:  John Gough… to eldest son Charles Gough 200 acres and the plantation whereon my cousin William Gough lives (to be laid out and possessed when Charles arrives at age), to youngest son Lewis Gough the plantation whereon I now live and 200 acres to be measured out when he comes of age, remainder of estate to be sold “and the money equally divided among my children”. Nominate “my two friends Hardy Hays & William Gough” to be executors.  Signed: John (x) Gough.  Witness: James Pirvis, Hardy Hays, William Gough.  Proved April Ct. 1762. [Bertie County Will Book 1761-1784, Vol. A, page 20]

15 May 1762
Marriage Bond: Edward Bird to Elizabeth Hays. Bondsman Jesse Hardison. [North Carolina Historical and Genealogical Register, Vol. 2 (1901), page 314.]

Bastardy Bond:  Mother Bethia Hays.  Bondsman – James Hedgpeth.  [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 8]

Bastardy bonds were required by the local court to assure that the child did not become dependent on the local parish or county for its support.  The bondsman pledged to provide funds to raise the child. Generally, If the woman identified the father he was served with a warrant and required to post the bond.  If the woman refused to name the father, the bond was typically posted by herself or her close relatives, or occasionally by friends willing to assume financial responsibility for raising the child.

James Hedgepeth is therefore probably the father of the child, Bethia Hays is apparently either the widow or daughter of Peter Hays.  Note that if she was Peter’s wife she must have been young enough to still be having children.

4 Jan 1764
Deed:  John Harrell to Hardy Hays, for £66:13s:4d, 100 acres “the plantation whereon Samuel Harrell now liveth” beginning at a white oak standing in Henry Hill’s line then along the said Hill’s line to a pine Elizabeth Thomas’s corner the along the said Elizabeth Thomas’s line to a red oak a corner tree… Signed: John (x ) Harrell. Witness: Wm. Andrews, [?] Harrell, Nicholas Skinner.  Proved May Ct. 1764.  [Bertie County Deed Book K, page 391]

28 Feb 1764
Deed:  John Hays and “Feby Hays his spouse” to James Harrell Sr., for £10, (acreage not given) beginning at a pine on John Harrell’s line thence along his line to the swamp… William Holland’s line… William Carter’s line… Richard Harrell’s line…  Signed: John Hays, Fibby Hays [no signatures or marks reproduced in the record].  Witness: Wm. [unclear name, Jenksson?], Arthur Harrell, Willis Harrell.  Proved February Ct. 1764.

This would seem to be the John Hayes who was taxed in Pugh’s district in 1759, as the other names were on that list as well.

5 Oct 1765
Will: Adam Raby. …lend to wife Judah Raby all my estate during her widowhood or life, then to son Adam Raby the plantation I bought of John Frances Sprivey and all land joining to it on the same side of the marsh, and to Luke Raby the plantation on which I now live and the land joining to it on the same side of the marsh; the watercourse of the marsh being the dividing line between my two sons. If my wife marries, the perishable estate to be equally divided among all my children.  Wife Judah and son Adam to be executors.  Signed Adam (x) Raby.  Witness:  Wm. Andrews, Hardy Hays, William Hollowell.  Date proven not given but obviously was after 1771 (see below).

One of the children was Ruth Raby, who later married James Hayes.

4 July 1767
Will of Edward Hawkins:  Entire estate to “Ellenor Hawkins my dearly beloved wife whom I likewise constitute and appoint my whole and sole executor…”  Signed: Edward (x) Hawkins.   Witness: Peter (x) Hase, Esbell? (x) Hase, Robert Titus. [Bertie County Will Book 1761-1784, Vol. B, page 73]

The second name was a woman (“her mark”) but her name is not at all clear.  The original will exists in Bertie loose records (in addition to the copy made for the will book) and the handwriting is borderline unreadable in places.

Tax List, Bertie County:
Thomas Hays – 2 white persons
Richard Hays – 1 white person
John Hays – 3 white persons
Hardy Hays – 1 white person

This tax list counted “white persons”, which in 1769 meant males aged 16 and over, mulattoes, negro men, negro boys, and negro women arranged in five columns.  None of the Hays were slave owners.

1 Dec 1770
Deed: Thomas Hays for “the love good will and affection which I have and do bear towards my son Richard Hayes, 100 acres “on which he now lives” on the south side of Cashy Swamp beginning at a large sweet gum a corner tree, up Cashy Swamp to the mouth of a branch called Wricegum(Winegum?)…  Signed: Thomas (x) Hays.  Witness: George (x) Bryant, James (x) Hodgbeth (sic), James Pirvis. (sic)  Proved March Ct. 1771. [Bertie County Deed Book L, page 229]

31 Jan 1771
Deed: John Hays, planter, “and Phebe his wife” to William Gough, for £53:6s:8d, 200 acres… granted to Barnaby Bryant by patent 13 Dec 1755… beginning at Henry Hill’s corner in the mouth of a branch called Wricegums(Winegums?)  Branch running thence westward… Signed: John (x) Hays, Phebe (x) Hays.  Witness: Hardy Hays, Arthur (x) Hays, James Purvis.  Proved March Ct. 1771.  [Bertie County Deed Book L, page 237]

Note that this John Hays’ mark was merely an “x” and not the distinctive mark used by the earlier John Hays.  The original grant to Barnaby Bryan (sic) was for 200 acres but did not mention the branch.  Rather it mentioned adjacent lands of James Brown, Edward Hawkins, and Hill. See NC Patent Book 11, page 26.

23 Sept 1771
Deed:  Adam Raby and Judith Raby to Hardy Hays, for £16, 50 acres beginning at a red oak standing in a certain branch… Joseph Summerling’s line… said Hardy Hays corner… Henry Hill’s line…  Signed: Adam Raby, Judith Raby.  Witness: William Gough, James (Hecksmith?)  [Bertie County Deed Book L, page 279]

13 Aug 1773
Will: John Barnes Senr. To “wife Catherine the third part of my plantation and her choice of the houses, all my cattle, two sows and pigs one ewe and lamb” and a list of household goods.  To “eldest son John Barnes my new coat jacket and britches and my farming tools, one crosscut saw”.  To “Henry my youngest son all my land and plantation except the third part to his mother for her life and 100 acres laid out at the head of the Mill Branch for Isaac Jenkins” and list of household goods.  To “my daughter Lucy Haze one feather bed and furniture.”  To grandson Isaac Jenkins 100 acres joining the Mill Branch, list of livestock.  Rest of estate to be divided “between my children John, Sarah, Lucy, Solomon, Tilpha, Hannah, Henry.”  Appoint sons John Barnes and Henry Barnes executors.  Signed: John (x) Barnes.  Witness: James Coble, Herbert Pritchard.  Proved May Ct. 1778.  [Bertie County Will Book B, page 120.]

Is this Lucy Haze the same person as Lucretia, wife of Thomas Hays of Northampton County? It doesn’t seem likely — this Lucy Hays must be of a later generation.  (Why would Lucretia Hays living in a different county want or need a feather bed?)  John Barnes is estimated to have been born circa 1700-1705 which would make Lucy tmuch oo young to be the mother of Thomas Hays’ children.

25 Sept 1773
Deed: Thomas Hays for “the love good will and affection which I have and do bear towards my son Peter Hayes (after my death and the death of my wife Sarah Hays) do give grant make over and transfer to him… the plantation whereon I now live” containing 100 acres.  Signed: Thomas (x) Hays.  Witness: William Gough, Isaac Tomlinson, James Pirvise.  Proved May Cr. 1774.  [Bertie County Deed Book M, page 23]

The clerk reproduced his mark as a combined “TH” similar to the PH mark used by Peter Hayes.

The tract appears to be the same 100 acres purchased by Thomas Hays from Peter Hays back in 1755, which was part of the 420 acres acquired by Peter Hays in 1733.

25 Feb 1774
Estate Sale:  Estate of John Hays, deceased, by Hardy Hays administrator.  Buyers included John Hays Junr., Phebe Hays Senr., Phebe Hays, Mary Hays, Richard Hays, Samuel Hays, and several others, presumably neighbors — Absalom Rawls, Charles Everett Jr., Benjamin Harrell, Cader Powell, Henry Lee, James Moore, James Hedgpeth, Nathan Cullens, John Dodrill, and others [Bertie County Loose Estate Papers, file marked “John Hays”]

The file also contains a scrap suggesting that a supplemental inventory was filed in May 1774 and an estate settlement that names five children (see below).

Tax List, Bertie County (may not be complete):
Peter Hays – 1 white poll
Hardy Hays – 2 white polls
Ezekiel Hays – 1 white poll

29 Sept 1777
Marriage Bond:  Marmaduke Hedgpeth to Hannah Hays.  Bondsman James Hays.  [North Carolina Historical and Genealogical Register, Vol. 2 (1901), page 316.]

7 Feb 1778
Estate Settlement:  Commission ordered at the November 1777 court with examining the account of Hardy Hays, administrator of John Hays, deceased, finds a balance in the estate to be distributed as follows:  Phebe Hays, wife of deceased, £22:7s:10d.   £18:7s:4d each to Hardy Hays, son of deceased, John Hays, son of deceased, Rebeckah Stephens daughter of deceased, Phebe Jarnigan daughter of deceased, Mary Hayse (sic) daughter of deceased, and Samuel Hays son of deceased.  Signed: Noah Hinton, James Purvis, William Gough.  [Bertie County Loose Estate Papers, file marked “John Hays”]

John Hays, the son, was in Johnston County, as was Rebecca Stephens and Phebe Jernigan. See the file of Johnston County records.

16 Oct 1778
Marriage Bond: Samuel Hays to Mary Martin. Bondsman Hardy Hays.  [Bertie County Marriage Bond Abstracts 1741-1868, (Genealogical Society of Utah, 1930), page 29]

8 Nov 1778
Will of Richard Hays: wife Eady (Eddy?) Hays “my plantation whereon I now live during her widowhood and after that to my two daughters Pene Hays & Levine Hays to be equally divided between them.”  Wife and Benjamin Mires to be executors.  Signed: Richard Hays.  Witness: John Edwards, Eundice(?) (x) Mires.  Proved by oath of John Edwards at November Ct. 1786 [Bertie County Will Book 1784-1797, Vol. D, page 68]

The wife’s name appears only once in the document, it is not clear if it is Eady or Eddy. Hathaway’s abstract gives the daughters name as “Lavinia” but I do not see that.

10 March 1779 (28 July 1786)
Grant Entry:  Hardy Hays, 80 acres beginning at Jesse Jernigan’s corner on the side of Cashy Swamp…  his own boundary…  his and James Hayes corner then up the said swamp being James Hayes boundary… ,Joshua Harrell’s boundary… Cador Powell’s corner…  Grant issued 28 July 1786.   [North Carolina State Grant Book 60, page 425.  Recorded in Bertie County Deed Book O, page 102.]

12 Nov 1779
Will of Thomas Martin: …to wife Elizabeth Martin all estate during her widowhood… son James Martin £5 “in case I should die before he gets his schooling”, to grandson Nicholas Bagget £5 “to school him”.  After the death or marriage of wife, all estate to be sold an divided equally between Sally Bagget, Nicholas Martin, Mary Hays, Elizabeth Martin, Catherine Martin, James Martin and my granddaughter Ann Martin daughter of Ann Martin.  Signed: Thos. (x) Martin.  Witness: Cader Powell, Thomas Howell, John Douglas.  Proved by Cader Powell at February Ct. 1780.  [Bertie County Will Book 1761-1784, Vol. B, page 148]

Samuel Hayes had married Mary Martin the previous year.

Bertie Tax List:
Hardy Hayse — £4426 property, £3:1:2 “bonds, notes & money” [page 15]
ditto for Bersheba Hill — £1540 property
Ezekiel Hayse — £1080 property, £21:1:6 “bonds, notes & money” [page 19]

Who Is Bersheba HIll?  Note that this tax list appears to be listed by tax district, but the districts are not identified in any way. 

3 Oct 1783
Deed: James Hayes & Winefred his wife to Joshua Freeman, for £320, 640 acres a certain plantation on the southeast side of Barbacue Swamp… beginning in Barbacue Swamp at the mouth of the great branch then up the great branch to the mouth of the pig pen Branch then up the pig pen Branch being John Ramsey’s line… Benjamin Brown’s line to James Wynns line a corner then along James Wynns line to Benjamin Browns line… Signed: James Hays, WInefred Hays.  Witness: Samuel Harrell, Henry Walton. [Bertie Deed Book M, pagve 629.]

Very faded.  Barbecue Swamp rises in northeastern Bertie County and flows roughly northeast into Chinapin Creek in what is now Hertford County.

7 March 1784
Will of Hardy Hayes: …unto my loving wife Sarah Hayes one horse named Crafford and a mare named Flower, ten cows and calves, twenty-two year-old hogs, two sows and pigs, two feather beds and furniture, all my pewter and £20.   I lend unto my wife Sarah Hayes my plantation on Cashi (sic) Swamp during her life and the plantation whereon I now live for the term of seven years to commence from the present date.  Also lend her one negro boy named Simon for twelve years from the present date.  To son Joshua Hays the plantation whereon I now live and a horse named Liberty; likewise a negro boy Simon at the expiration of twelve years.  To my daughter Pennelopy Hayes my plantation on Cashy Swamp.  To my daughter Elizabeth Hayes a negro boy named Demce(?).  To my five daughters named Penelopy Hayes, Salley Hayes, Tempy Hayes, Judah Hayes, and Susannah Hayes  two negro women named Agnes and Tempy to be equally divided between them seven years from the present date.  Rest of estate to be divided between all my children.  My friends Absalom Carney and John Doddrill and William Horn to be executors.  Signed: Hardy Hays.  Witness: Benjamin Mires, Wm. Andrews, William Edwards, Solomon (x) Page, Jurusea (x) Raby.  Proved August Ct. 1784.  [Bertie County Will Book 1761-1784, Vol. C, page 86]

His wife Sarah was perhaps not the mother of all the children.  Leaving her something for only seven or twelve years is unusual. She is thought by some to have been the “Sarah Haise” mentioned as a daughter in the 1781 Gates County will of William Freeman, but I could not find a connection.

Note that Solomon Page married a Sarah Hayes, perhaps the widow or the daughter, two years later.

13 Aug 1784
John Dodrill qualified as executor of Hardy Hays [Court Order, Bertie County Loose Estate Records]

Inventory of Hardy Hays estate:  Included 4 negroes, two horses, one mare and colt, 33 cattle, 53 hogs, 9 sheep, numerous bonds and notes totaling several hundred pounds.  submitted by John Dodrill, executor. [Bertie County Inventories 1775-1790, page 348. Also David Bryant Gammon, Records of Estates, Bertie County, North Carolina, Vol. 2, page 44.]

22 Sept 1784
Estate Sale:  Hardy Hays estate.  Lists sales of livestock only amounting to £63:3s:4d. Buyers included Joshua Hays (a hog, ewe and lamb), James Hays (13 geese), John Acree (13 geese). [Bertie County Inventories 1775-1790, page 365.  Also Gammon, Vol. 2, page 44.]

22 Sept 1784
Estate Distribution:  Commission appointed by the August 1784 court to distribute the perishable estate of Hardy Hayes laid off to the widow Sarah Hayes a horse named Crafford, mare named Flower, 3 cows and calves, one cow and one yearling, 2 heifers, 3 steers (“the said cattle was the widow’s choice instead of the ten cows and calves left for her in the sd. will”), 20 hogs, 2 sows and pigs.  Signed: William Horn, William Andrews, Cader Powell.  [Bertie County Inventories 1775-1790, page 413.]

15 Nov 1785
Estate Accounting:  Commission examined account of John Dodrill, executor of Hardy Hays.  (No further information in file).  [Bertie County Inventories 1775-1790, page 453.]

16 May 1786
Marriage Bond: Solomon Page to Sarah Hayes.

23 May 1786
Marriage Bond: John Franton to Penelope Hays.  Bondsman: Jacob (x) Bird

This was the daughter of Richard Hays.

10 June 1786
Marriage Bond: Mathew Jennison and Millie Hedgepeth. Bondsman Peter Hays.

28 July 1786
Land Grant: Hardy Hays, 80 acres beginning at Jesse Jernagin’s corner on the side of Cashy Swamp and running up the said swamp being sd. Jernagin’s boundary N36W 52p then N78W 32 then N16W 28p… to his and James Hays corner thence up the sd. swamp being James Hays boundary N40W 92p to his corner then across the sd. swamp at the fork… to the high land being Joshua Harrell’s boundary… Harrell’s & Cador Powell’s corner…  down the main run to James Purvis’s line…  Entered 10 March 1779. [NC Grant Book 60, page 125.]

This is posthumous, being in process when he died.  it is also mislabeled as 60 acres in NC State Records.  The grant clearly reads “Eighty” acres.

4 Nov 1786
Marriage Bond: Henry Hays and Susannah Wood. Bondsman: William (x) Wood. Witness: Josiah Moore.

13 Nov 1786
Deed:  Whereas Thomas Martin, schoolteacher, was seized of a tract of land of 200 acres when he made his will in 1780 leaving his estate to his wife Elizabeth Martin. His executor Henry Lee finds that Elizabeth Martin was “wasting, spending, embezzling, and destroying the estate”, and now under the power granted by said will, Henry Lee sells said land to Samuel Hays for £118:1s:6d… along the various courses of Miry Branch… dividing line of the said land and John Hays… corner pine of John Hays near the head of Miry Branch… corner pine of Aaron Ellis’s deceased in line of George House… Matthew Hodges line… Signed: Henry Lee.  Witness: John (x) Frantom?, Peter (x) Hays.  Proved by oath of Peter Hays at February Court 1787.  [Bertie County Deed Book O, page 14.]

Inventory: Undated, estate of Richard Hays by James Marsh administrator.  One mare, 8 head of cattle, 5 sheep, 9 hogs, 3 feather beds, 1 weaving loom, 2 spinning wheels…etc.   [Bertie County Inventories 1775-1790, page 272.]

Estate Sale: Undated, of Richard Hays by James Marsh administrator.  Totaling £82:9s.  Buyers included Peter Hays, Samuel Hays, James Hays, Benjamin Mires, others. [Bertie County Inventories 1775-1790, page 304.]

The will named his wife and Benjamin Mires as executors, but the inventory and sale show James Marsh as administrator (presumably with the will annexed).  The widow has evidently remarried to James Marsh.

State Census:  The 1784-1787 State census, which was taken in 1787 for Bertie County, is incomplete in that it is missing large swaths of Bertie County.  Neither the Hays nor their immediate neighbors appear in the surviving census pages.

20 Feb 1788
Apprenticeship:  Elizabeth Toole bound to James Hayse until age of [eighteen?]. (No trade given)  Signer: William Gry.  Witness: None.  Bertie County. [North Carolina Genealogical Society Journal, Vol. 13, No. 3, page 163.]

12 Mar 1789
Deed:  Peter Hays to John Hopson King, (consideration unclear in document) gold and silver, 140 acres on the south side of Cashy Swamp beginning at a maple in Wricegum (Winegum?) Branch William Edwards corner running S45e 192p to a pine George Bryan’s corner then along his line and James Hays N45E 156p to a pine… Signed: Peter (x) Hays, Ann (x) Hays.  Witness: James March, John Acree, Armanica (x) Wilford. Proved August Ct. 1789.  [Bertie County Deed Book M, page 629.]

Nov 1789
Petition: Dempsey Harrell and Orpha his wife and James Hayes and Ruth his wife: Adam Raby the father of petitioners Orpha & Ruth departed this life about twenty-four years ago.  His last will and testament left his property to his wife for her lifetime after which it was to be divided among the children.  The widow “Judy” died about four years ago intestate, and one of the sons Adam Raby Jr. died “in the service of the country” in 1777, unmarried and intestate.  Luke Raby took possession of the estates of both his father and brother for his own use, and he himself died in 1780 leaving a will and naming his wife Hester his executrix.  Petitioners Orpha & Ruth are heirs of Adam Raby Sr. and their brother Adam Raby Jr. and of Judy Raby but Luke Raby and now his executrix Hester Raby have refused to deliver their legacies or an accounting.    [Included among Bertie County Loose Estate records, filed labelled “Adam Raby”.]

Census (arranged semi-alphabetically, all “H” names together.)
Sarah Hays 0 0 6 – 0 0
James Hays 1 2 5 – 1 0 [listed twice]
Joshua Hays 1 0 9 – 0 2
Solo. Hays 1 4 4 – 0 0
Joshua Hays 1 0 7 – 1 4
James Hays 1 3 4 – 0 0 [James & Samuel listed consecutively]
Sam Hays 1 3 4 – 0 0
Susanna Hays 0 2 1 – 0 0

The fourth item is “other free persons” and the fifth is slaves in this census.

Oct 1791
Bastardy Bond: Mother Elizabeth Robertson. Bondsmen: Joshua Hays, Benj’n Mires, John Avent.  [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 10]

Bastardy bonds were required by the local court to assure that the child did not become dependent on the local parish or county for its support.  The bondsman pledged to provide funds to raise the child. Generally, If the woman identified the father he was served with a warrant and required to post the bond.  If the woman refused to name the father, the bond was typically posted by herself or her close relatives, or occasionally by friends willing to assume financial responsibility for raising the child.

20 Dec 1791
Land Grant: Samuel Hays, 6 acres beginning at a pine Cathron Page’s line George Bryan’s corner running along his line N64E 19p to a water oak Samuel Hays corner then along his line S2E 105p to a white oak in George Northam’s line then along his line and Cathron Page’s line N32W to the first station.  Entered 4 August 1790.  [NC Grant Book 78/252.]

9 May 1792
Marriage Bond: Joshua Hayes and Anne Hayes.  Bondsman Josiah Moore.

The bond is by Joshua Hayes and Henry Averet but was signed by Joshua Hayes and Josiah Moore.

26 Feb 1794
Deed: Benjamin Mires to Joshua Hays, for £46, 46 acres beginning at two pines John H. King’s corner running along William Hodge’s line, John Drew’s and Hezekiah Callum’s & Joshua Hays line N35W 190p to a post in the said Hays line thence S86E 53p to a hickory bush on the east side of the road… Signed: Benjamin Mires.  Witness: John Robbins, William Hollowell.  Proved May Ct. 1794. [Bertie County Deed Book Q, page 69.]

20 Mar 1794
Deed: Joshua Hayse (sic) to John Robins, for £108, 3 acres beginning at a Spanish oak standing in Benjamin Mires line, running thence along the said Robins line west or thereabouts to a small red oak then running east to a wild cherry tree thence still running north (sic!) or thereabouts to the first station.  Signed: Joshua Hayse.  Witness: Jacob Higgs, Tempa (x) Harrel. [Bertie County Deed Book Q, page 29.]

This was a hugely expensive three acres — was it in a special place on the road?  There was obviously a line missing from the metes and bounds when the deed was copied into the deed books.

16 Sept 1794
Indenture Contract: Anthony Wiggins “hath of his own free will and accord put himself as apprentice to James Hays… to serve the said Hays him his heirs or assigns during the term of ninety-nine years commencing from the date of these presents and after the manner of an apprentice & the sd. Anthony Wiggins do agree to love the sd. James Hays him his heirs or assigns for the above term, his commands everywhere gladly obey, his secrets keep & will not absent himself from out of his service day nor night but at all times his commands obey his service attend to & faithfully perform & I the sd. Anthony WIggins do oblige myself to stand to & attend to the business of the sd. Hays during the said term above mentioned to him or his heirs or assigns & give myself up freely as after the manner of a servant to serve during the term above mentioned clear from the encumbrance of any person whatsoever & the sd. James Hays do hereby oblige himself to find the sd. Anthony Wggins sufficient provisions drink and apparell (sic) .”  Signed: James Hays, Anthony (x) Wiggins.  Witness: Noah Thompson, Thomas Pearce.  Acknowledged by Wiggins at the May Court 1796.  [Bertie County Deed Book R, page 145.]

This is remarkable — Wiggins is essentially volunteering for slavery.

Anthony Wiggins was a free mulatto who had been enumerated as free in a single household in the 1790 census.  In 1772 several children of Sarah Wiggins were bound out to local planters.  One of the children was 8-year old Anthony Wiggins, bound out to Luke Raby to learn the trade of planter.  By now he would be about 30 years old.  It is unknown (to me) what state of affairs prompted him to give up his freedom and indenture himself for life to James Hayes.

In 1810 (see below) Wiggins murdered James Hayes, perhaps in an attempt to win back his freedom.  He was executed for the crime later that year.

Bastardy Bond:  Name Change of Silvia, Sarah, Samson & Hiddy from Wilford to Hayse.  Bondsman: Joshua Hayse.  [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 10]

Clearly Joshua Hays was not married to Nicy Willeford at the time these children were born. 

June 1795
Bastardy Bond: Mother Susannah Hayes.  Bondsmen: Samuel Miers, Joseph Asbill, Wm. Watford. [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 10]

14 Nov 1797
Marriage Bond: James Norfleet and Elizabeth Hayes. Bondsman: Edward Acre.

9 Mar 1798
Deed: Cullin Purvis to Joshua Hayse (sic), for £153:6s Virginia, 170 acres beginning at two pines Edward Acres and Benjamin Mires corner running N29E along the said Mires line 370p to a pine in John H, Kings line then along his line and Samuel Deens line S45E 158p to a black oak then along William Hodges line 358p to the first station.  Signed: Cullin Purvis. Witness: Edward Acre, Jas. Norfleet, William Hollowell (no signatures or marks noted). Proved May Ct. 1798.  [Bertie County Deed Book R, page 497.]

21 May 1798
Deed:  James Hayse (sic) to Benton Hays Raby, for £121:18s:9d Virginia money, 130 acres on the south side Cashy Swamp “beginning at Cashy Swamp in the mouth of a branch thence a southwesterly course to the head line of the patent then along the patent line northwesterly until it comes to John H King’s line then along his line northeasterly course to Cashy Swamp thence the windings fo the swamp to the first station.”  Signed: James Hays.  Witness: Perry Taylor, Russah(?) Hays.  Proved August Ct. 1798.  [Bertie County Deed Book S, page 17.]

When Benton Hays Raby sold th eland (see below) he described it as part of a patent to Peter Hays.  This appears to be the land that Peter Hays sold to his son John Hays that has evidently been inherited by James Hays.

May 1798
Bastardy Bond;  Mother Nicy Willeford.  Bondsman Joshua Hayse, Edward Acre.    [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 10]

This may be the son Solomon, as the other four children named in his will were the subject of the name change in 1794.  Joshua Hays and Nicy WIllford were evidently not married, although she was referred to as “Nicy Hays” in his will and in the records of his estate.

Perhaps one or the other had been abandoned by a spouse or had separated.  The States had not yet given their courts the authority to issue divorces.  In the absence of any judicial process to obtain a divorce, a man or woman who was married but separated was often forced into illegal relationships. (Divorces at this time required an act of the state legislature.)  The children of such a relationship were legally illegitimate.

Bertie Tax List:
Samuel Hays – 1 poll, 206 acres
John Hays – 1 poll, 500 acres

14? Feb 1800
Deed: John Hays to William Bryan Spivey, for $120 “actual dollars”, 100 acres on the south side of Roquist Swamp beginning at Needom (sic) Bryan corner tree a pine thence up the said Roquist Swamp binding on William Ruffins land thence running up said Roquist Swamp binding on Bates Houses land thence a southwardly course bind on SIlas Smith land then binding Needham Brayants land… Signed: John Hays, Catherine Hays  Witness: Lewis Cotton, Patty Cotton. [Bertie County Deed Book S, page 231.]

This deed is faded in spots, hard to read. 

3 May 1800
Will of Joshua Hayes:   “I lend to my beloved wife Nice Hayse the houses and all th cleared land wheron I now live and as much wood land as will support the said plantation with timber and firewood during the time of her natural life… likewise give to my wife Nice two feather beds and furniture”… two sows and pigs, two ewes and lambs, one cow and calf.  “…to my son Solloman (sic) Hayse 109 acres of land to be laid off for him at the west end of my land joining Luke Rabys land… to my son Samson Hayse all the remainder of my land lying on the west side of the Main Rode… all the remainder of my land lying on the east side of the Main Rode I leave to be sold” and the proceeds “to be equally divided amongst my three daughters named Silvah Hayse, Sarah Hayse, and Ciddah Hayse… I have a clame (sic) of land lying in Cashy Swamp which I expect will be sold under my father’s will… my part of the money from thence arising to be equally divided among all my children…. I likewise give and bequeath to Patsy Robertson the sum of ten pounds… appoint my friend Lewis Thompson my whole and sole executor.” Signed: Joshua Hayse.  Witness: Joseph Horne, Temperance (x) Hayse, Judith (x) Hayse.  Proved by oath of Judith Hayse August Ct. 1800.  [Bertie Will Book E, page 110]

Census (arranged semi-alphabetically, all “H” names together.)
James Hayes 0 0 0 1 0 – 2 1 0 1 0 [listed consecutively with Samuel]
Sanuel Hayes 1 1 0 1 0 – 0 2 1 1 0
Catharine Hayes 1 0 0 0 0 – 1 1 0 1 0
Nice Hayes 0 1 0 0 0 – 0 0 1 0 0

25 July 1800
Marriage Bond: Reuben Higgs and Judah Hayse. Bondsman William Peel.

25 Aug 1800
Estate Sale: Joshua Hayes by Lewis Thompson, executor.  Sale totaled £486:12s;10d. Notable buyers included Nicy Hays, Judith Hays, James Jordan, Lewis Jordan, William Acre, Edward Acre, Dempsey Peal, William Higgs, WIlliam Johnston, James Norfleet.  [Bertie County Accounts of Settlements of Estates 1801-1803, page 95]

Act of Legislature:  Starkey & Margaret Hayes names changed from Hayes to Norfleet.  Parents: James & Elizabeth Norfleet. [North Carolina Genealogical Society Journal, Vol 2, No. 1, page 20]

James Norfleet and Elizbeth Hayes were evidently not married when the two children were born, thus a legislative act was required to change their surnames to their father’s.

10 Feb 1803
Bill of Sale: Arthur Jernigan to James Hayes, for $300, a negro girl named Penny .  Signed: Arthur Jernigan.  Witness: S. Turner. [Bertie County Deed Book S, page 585.]

13 June 1803
Deed: Benton H. Rabby (sic) to James Hays, for $100 in silver dollars, 65 acres bound in Owen O’Daniel’s patent beign the same land that sd. James Hays gave to the sd. Benton Hays (sic) adjoins the land of John H. King on the north & running down the swamp to John Acres line on the south & from thence to the first station it being part of the land formerly granted to Peter Hays by deed or patent.  Signed: Benton H. Raby.  Witness: Jeremiah Jitull?, Orpha Hays. [Bertie County Deed Book S, page 808.]

This seems to confirm that James Hayes is the son of John Hayes and grandson of Peter Hayes.

Benton Hays Raby seems to have been alternately known as Benton Hays.  He was named “son” by Ruth, widow of James Hayes.  Probably the illegitimate son of a James Hayes and Ruth Raby — if born prior to their marriage, he would carry the Raby surname.  The name also suggests that Ruth Raby was a daughter of Adam Raby and Judah Benton — Adam Raby wrote his will on 5 October 1765, proved June 1767, mentioning his sons Adam and Luke but not naming the rest of “all my children”.

Sept 1803
Bastardy Bond: Mother Catharine Hayes.  Bondsmen: William Hodges, Jesse Hodges.  [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 12.]

Feb 1805
Bastardy Bond: Mother Mary Deans.  Bondsmen: Benton Raby Hayes, James Hayes.  [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 13.]

26 May 1810
Murder: Anthony Wiggins, the indentured servant of James Hayes (see 16 September 1794 above), murdered James Hayes by repeatedly striking him on the head with a hoe.  Convicted by testimony of accomplices and an eyewitness, he was hung for the crime. [Raleigh Star, issue of 7 June 1810.]

1 June 1810
Jury Report: (spelling corrected) “..Anthony Wiggins with a certain hoe then and there held in his right hand of his malice aforethought did give the aforesaid James Hayes several mortal blows on and about the head which broke his skull in several places which happened on Saturday the 26th of May 1810 and was assisted by his wife Mary Manley and a negro Tom assisted to carry the corpse to the place concealed…” [Bertie County Loose Estate Records, file labeled “James Hays”.]

The jury included Samuel Hays, Luke Raby, Noah B. Hinton, Thomas Acree, Nathan Page, several others.

26 June 1812
Will: Anthony Williford, proved November Ct. 1812.  Wife Patsey, sons John, Richard, and James.  Daughters Mary Baker, Elizabeth Hayes, Winifred, Millicent and Christian Willifred. Executors son William and brother John WIlliford. [North Carolina Historical and Genealogical Register, Vol. 2, page 533.]

29 Nov 1812
Estate Sale: estate of James Hayes, dec’d. by James Williford, administrator.  Buyers included Ruth Hays Senr, Ruth Hays Junr, Benton R. Hays, Luke Raby, James Willeford, others. [Bertie County Loose Estate Records, file labeled “James Hays”.]

Feb 1813
Dower land: Commissioners appointed for the purpose laid off to Mrs. Ruth Hayes widow of James Hayes, 45 acres beginning in John H. King line in a branch at a maple an  a pine thence up the branch to a pine S17E 26p thence N36E 175p to Cashy Swamp to a gum thence up the swamp to a branch thence up the branch to the first stations. [Bertie County Loose Estate Records, file labeled “James Hays”.]

19 Mar 1813
Land Partition: Joseph Eason, Jesse Hodges, William Hinton, Noah B. Hinton, and John Hodges,  commissioners appointed for the purpose, partitioned the land of James Hayse deceased among his heirs:  44½ acres to “Parthenia Hayse alias Wiliford” and 44½ acres to Ruth Hayse. [Bertie County Deed Book W, page 7.]

Sept 1813
Bastardy Bond: Mother Sally Kinnahorne. Bondsman: Samuel Hays. [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 13.]

Sept 1813
Bastardy Bond: Mother Sarah Hayes. Bondsman: Sarah Hayes, Nathan Page, John Hodges. [Betty J. and Edwin A. Camin, North Carolina Bastardy Bonds (The Kopy Shop Printers, 1990), page 13.]

27 Sep 1814
Deed: Lodowick Jinkins to Samuel Hays, for $50, 100 acres east side of a swamp called Coneritsey Swamp beginning at a post oak in George Jenkins line thence along his line N10E 60p thence N45E 26p thence N22E 117p to a pine his corner… John R. Dunnings line… Signed: Lodowick Jinkins.  Witness: George (x) Jenkins. Wiley Jenkins.  Proved May Ct. 1815. [Bertie County Deed Book W, page 297.]

1815 Tax List:
Samuel Hays – 206 acres @ $4, 100 acres @ $½, 1 slave
Benton Hays – 8 acres @$5, 1 free, 1 slave
Ruthy Hays – 44 acres @$5, 1 slave
Solomon Hays by Luke Raiby – 89½ acres @ $5
Arthur Hays – 1 free

11 Mar 1817
Land Partition: Jesse Hodges, Richard Veale, Gabriel Harrel, John H. King, and James Jordan,  commissioners appointed for the purpose, partitioned the land of Joshua Hays deceased “to his sons Sampson & Solomon agreeable to the will of the said Joshua”.  109 acres to Solomon Hayse.  60 acres to Sampson Hayse, but 9½ acres sold out of Sampson Hayse portion to satisfy his “proportion of his father’s debts” leaving Sampson with 50½ acres.  [Bertie County Deed Book X, page 199.]

18 Sep 1817
Will of Rutha Hayes: …unto my daughter Rutha Jenkins my curtain bedstead, side saddle & linen wheel… unto my son Benton H. Raby one cow & calf the choice of my stock.  Executor authorized to sell all other property to satisfy just debts and funeral expenses and the legacies hereinafter mentioned, to wit:  unto Joab Deanes the little boy living with me $25 to be paid out with interest when he arrives at the age of 21 years.  To my two grandchildren Noah and William Williford $16 each to be applied in “giving them schooling  as far as it will go.” Balance of estate to be divided into two equal parts, the one pat for the child or children of my son Benton & the other part to the child or children of Rutha Jenkins my daughter, which sums I wish applied by my executor in giving them education as far as it will go.  Appoint Simon Turner whole & sole executor.  Signed: Rutha (x) Hayes.  Withess: Jno. A. Caudle, Simon Turner.  Proved August Ct. 1818. [Bertie County Will Book G, page 27.]