HAWLEY/HALLEY IN SEVENTEENTH CENTURY VIRGINIA
By Ann H. Mack
La Canada, California
Colonial Westmoreland offered an expanded frontier and a vast new wilderness to James Hawley’s family. They settled in the forests on Nominy Creek between the two great rivers of the Northern Neck, the Rappahannock and the Potomac.
HENRY HAWLEY was born 1643/41 and I place his birth in Isle of Wight County.2 The first mention of Henry is in a 1669 document of copartnership with Samuel Muns in Westmoreland when Henry is about 24.3 They agreed to share “all lands, goods, cattle F, hogs”. One month later they purchased 300 acres from Robert and Mary Edwards.4 These lands were part of the 1000 acres which Edwards purchased from Col. Nicholas Spencer, opposite the plantation of Daniel Hutt and Thomas Youle. They resold this land in 1671 to Michael Willington.5
In Feb. 1677/8 Henry received headrights for 300 acres of land from Mr. Jer. Jerdine.6 It is not known whether or not he exercised those rights. Henry purchased land from James Hawley in 1671/2 adjoining Jacob Lucas, Walter English, John Payne, Lewis Markham,. James Clark and land that was formerly John Wilson’s.7 The exact acreage is unspecified but 100 acres were sold by Henry to Samuel Munns in 16738 and an additional 100 acres were sold to Arthur King in 1691.9 This latter sale names Henry’s wife, Mary. A subsequent sale of these lands names the parcel as being part of James’ original patent.”
From these transactions, I believe that it is a good possibility that Henry is the son of James Hawley. Further evidence to support this theory is found in Westmoreland records when Henry Hawley is named as administrator and “next of kindred” to Edward Hawley, son of James.11 Henry Hawley also gave a brown heifer to Elizabeth Lucas, daughter of Jacob Lucas who was married to Mary Hawley, daughter of James, in 1671.12
The proprietor, Lord Fairfax, opened up thousands of acres of land in Stafford County in 1690 and many settlers from Westmoreland moved into the county to take up new land grants. Although Henry did not take advantage of new lands, he did sell his lands and move northward into Stafford County. Henry was last mentioned in Westmoreland records as a plaintiff in the 1693/4 suit against John Bolton and his wife, the widow of Nicholas Spencer.13 Since a plaintiff did not have to reside in the county to bring suit, it is impossible to know where Henry was living at this time. Sarah Hawley Lewis stated that her father, Henry Sr., became a tenant on Nicholas Spencer’s patent in Stafford County around 1693, which places his departure even earlier.”
Spencer’s patent of 5000 acres was held with Lt. Col. John Washington and included Mount Vernon. After the patent was partitioned in 1690 by George Brent, Henry was one of the earliest known Spencer tenants15 and lived there for several decades. His dwelling house was about one-half mile south of Spencer’s back line. In 1703 Henry Jr. deposed for Westmoreland courts that Christopher Woolcock died at Henry Sr.’s house the preceding year and that was in Stafford. In a 1748 trial between Thomas Marshall and Sampson Darrell, Anne Drakeford testified that “… upwards of thirty years ago, old Henry Hawley said …”” Thus Henry Sr. was still alive around 1718. He would have been well into his 70’s by that time and no doubt died soon after the 1718 date.
The children of Henry and Mary Hawley were:
Henry Hawley, Jr., as noted above.
William Hawley, named in the 1748 suit.
Sarah Hawley, who declared she was the daughter of Henry Sr. in the same suit.”
(possibly) Edward Hawley.
A further discussion of these children appears in the third generation.
EDWARD HAWLEY was born around 1644/5 since he stated his age as around 26 in a 1671 deposition.19 A deposition taken from “Mr. James Hawley and his son, Edward” in Westmoreland County in 1662 by Peter Knight proves the relationship of the second son of James Hawley. 20
Edward Hawley and William Beasley surveyed and patented 1000 acres on the Nominy branches between the Rappahannock and Potomac rivers in March 1665/6.21 These lands had been surveyed earlier for Thomas Dias, but he apparently allowed the patent to lapse. One year later Edward and William assigned their interest to Jacob Lucas and Samuel Munns.22 Edward must have retained his share because in Oct. 1667 he sold “one-half moiety of my part” to Martin Cole and in November “for valuable consideration” he sold 250 acres to Samuel Bradly.23 Edward purchased 150 acres in Nov. 1669 from Randolph Kirke which lay next to his original patent.24
During the next eleven years Edward witnessed deeds served on juries, was an Escheat Commissioner, and was part of the colonial community.25 He died prior to 28 July 1680, the date his estate was brought into court. Jacob Lucas, his brother-in-law, and Henry Hawley, his brother (?), were named to administer Edward’s estate a they were next of kindred.26 John Crabb and Samuel Munns were securities for the administrators. Patrick Spence, Edward Franklyn, John Crabb and Samuel Munns appraised the estate, but no record of their work remains. Several bills were presented to the estate for services, administrator’s costs and two coffins. The mention of two coffins leads to speculation that Edward wife may have died also. It is doubtful that he had a living wife, since the widow was usually named as administrator of her husband’s estate. There is also some confusion whether Lucas and Henry were administrators or executors of the estate. Both terms were used in the order book records and at least one mention was made of an annexed will.27 Jacob Lucas was noted as guardian for Ann Hawley in a 1682 Westmoreland record, which indicates a possible child for Edward.28 If he had sons, no mention of them has been found in the Westmoreland records.. More research is needed to clarify Edward’s family and estate.
James Hawley had at least three daughters.29 The data which follow are suppositions from sketchy deed book and record entries in Northumberland and Westmoreland counties. It is hoped other family researchers can expand upon these clues.
FRANCIS ANN HAWLEY, born before 1641.
ALICE HAWLEY, born before 1641. One daughter of James Hawley was married to —- Knight before 1660 when James gave a gift to his granddaughter Elizabeth Knight. It seems reasonable to assume that this daughter would have been either Francis Ann or Alice. Note from Lucy DeYoung – Francis Anne married Peter Knight and we don’t know who Alice married. Some say it was William Clayton, others Samuel Munns.
MARY HAWLEY was married to Jacob Lucas as per release of dower rights in 1670.31 Their daughter Elizabeth received a brown heifer from her uncle(?) Henry Hawley in 1671.32 Mary signed her dower rights through 1671 but no later releases were found. She was not recognized in the will of Suz. Rapier in 1673/4 with the rest of her family.33 Two children were mentioned in that will, Elizabeth and James Lucas. A Charles Lucas was granted the administration of her father Jacob’s estate in 170334 and may be another son of Mary Hawley Lucas.
1 Westmoreland Co., Va., Deeds, Patents, Etc. 1665-77, pp. 364-364a. The spelling of the name is Hayly.
2 This assumption is made because I think that James Hawley of Northumberland/Westmoreland is the. same man as the immigrant James Hawley of Isle of Wight County.
3 Westmoreland Co., Va., Deeds, Patents, Etc. 1665-77, p. 29.
4 Ibid., pp. 80a-81.
5 Ibid., Deeds & Wills 1, p. 386.
6 Ibid., Order Book 1675/6-1688/9, p. 106.
7 Ibid., Deeds, Patents, Etc. 1665-77, p. 94a; Deeds 6 Wills 1, pp. 405-06.
8 Ibid., Deeds, Patents, Etc. 1665-77, p. 177. In the Munns deed Mary Hawley did not acknowledge the sale, leading to the assumption Henry was not married in 1673.
9 Ibid., Order Book 1690-98, p. 22a.
10 Ibid., Deeds & Wills 3, pp. 7-9.
11 Ibid., Order Book 1675/6-1688/9, p. 184.
12 Ibid., Deeds, Patents, Etc. 1665-77, pp. 81a-82. This may have been a gift of an uncle or Godparent. It also implies that Elizabeth Lucas was on an age to receive gifts and that her parents’ marriage can be placed earlier than 1671, the date of this bequest.
13 Ibid., Order Book 1690-98, p. 157. Jacob Lucas was acting as his attorney (ibid., P. 151a). Henry was clearly still in Westmoreland on 28 Sept. 1692 and 29 Nov. 1693 when appointed appraiser of estates (ibid., pp. 74, 111).
14 Washington MSS, Mt. Vernon Ladies Association Library, MSS #243, a-d.
15 Robert Morgan Moxham, The First Hundred Years at Mount Vernon (North Springfield, Va., 1976), pp. 34-35.
16 Westmoreland Co., Va., Deeds 4 Wills 4, p. 10.
17 Washington MSS #243.
19 Ibid., Deeds, Patents, Etc. 1665-77, p. 113a.
20 Northumberland Co., Va., Order Book 1652-65, p. 164.
21 Virginia Patent Book 5, p. 475 (580).
22 Westmoreland Co., Va., Deeds & Wills 1, p. 309. 23 Ibid., pp. 319-20, 323.
24 Ibid., pp. 354-55; Deeds, Patents, Etc. 1665-77, pp. 51-52.
25 Ibid., Order Book 1675/6-1688/9, pp. 47, 62, 110 118, 120, 123; “Inquisitions on Escheated Lands,” The Virginia Genealogist, v. 20, p. 111.
26 Westmoreland Co., Va., Order Book 1675/6-1688/9, p. 184.
27 Ibid., pp. 190-91, 193, 195.
28 Ibid., p. 261. The suit, Jacob Lucas vs. Patrick Spence & John Manley: “Whereas Jacob Lucas guardian of Ann Hawley, did — an action against …”
29 Virginia Patent Book 1, p. 125.
30 Northumberland Co., Va., Record Book 1658-66, p.
31 Westmoreland Co., Va., Deeds & Wills 1, pp. 384-85.
32 Ibid., Deeds, Patents, Etc. 1665-77, pp. 81a-82.
33 Ibid., p. 181, dated 1673/4.
34 Ibid., Order Book 1698-1705, p. 18
56. Knight family researchers have named Peter Knight as the husband of Ann Hawley, but I have been unable to obtain verification. An Elizabeth Knight was married to William Coppage in Northumberland County. Coppage family researchers say this is Elizabeth, granddaughter of James Hawley. Note from Lucy DeYoung – this was the Elizabeth James gave the cow.