Person:Henry Peyton (3)

Henry Peyton
d.Bet 22 May 1781 and 3 Sep 1781 (BET 22 MAY AND 3 SEP 1781) Prince William County, Virginia
m. Abt 1718
  1. Valentine PeytonEst 1720 to 1740 -
  2. Eleanor PeytonAbt 1721 - Bet 1788 & 1793
  3. John Peyton1728 - Bef 1774
  4. Robert PeytonAbt 1729 - 1795
  5. Craven PeytonAbt 1730 - Abt 1781
  6. Henry Peyton1731 - 1781
  7. Francis PeytonAbt 1732 - 1808
m. Bef 1746
  1. Timothy PeytonAbt 1746 - 1787
  2. Valentine R. PeytonBet 1747 & 1753 - 1780
  3. Mary Molly Peyton1756 - 1804
m. Abt 1757
  1. John Peyton1757 - 1804
  2. Henry Peyton1760 - 1836
  3. Frances Peyton1762 - 1851
  4. Elizabeth Betty Peyton1763 -
  5. Thomas PeytonAbt 1765 -
Facts and Events
Name[1] Henry Peyton
Gender Male
Alt Birth? Bef 1726 Virginia
Birth[1] 1731 Stafford County, Virginia
Marriage Bef 1746 to Ann Thornton
Marriage Abt 1757 Fauquier, Virginia, USAto Margaret Gallahue
Death[1] Bet 22 May 1781 and 3 Sep 1781 (BET 22 MAY AND 3 SEP 1781) Prince William County, Virginia
Alt Death? Jul 1781 Prince William County, Virginia

Will Abstract

Will of Henry Peyton, dated 22 May 1781 in Prince William County, presented in Prince Wm. County Court 6 day of August 1781 by Jas. Ewell, one of the executors.
Named in will:
Son, Timothy Peyton incl. was 1000 acres of land held by state warrant on the waters of Ky.
Dau, Mary Matson Negroes (p. 120)
Son, John Peyton, Negroes also cows, calves & etc.
Dau Frances Peyton, Negroes, horse, bed & etc.
Dau. Betty Marton/Martin (?) Negroes, bed & etc.
Son: Thos. Peyton, Negroes and 1/4 of profits of grist mill to be applied to his schooling, horse, etc., after death of my wife, Margaret Peyton, land whereon I now live with grist mill and 1/2 value to be paid in 10 equal installments to my son, John Peyton.
gr. son Robert Peyton one part of profits of my grist mill during his minority for his schooling.
Wife, Margaret Peyton, during her life tract whereon I live together with 100 acres I expect of Bristoes (?) tract called Thornmons lott to be laid off at the upper part of sd. lott on Broad Run. Also grist mill with land. Negroes and tract of land bought of James West and all remaining part of land I purchased of Bristoes tract, stocks, etc during natural life and after her death to be equally divided between my children: Mary, John, Frances, Betty, and grand child Robert Payton.
Executors named: John Peyton qualified 1781 Sept. 3rd, and Cuthbert Bullitt qualified on 6th October 1788. [p. 122]
Witnesses: Edward Boswell, Leonard Leachman, Thomas X Kent, Valentine Peyton.
Will presented in Prince Wm. County Court 6 day of August 1781 by Jas. Ewell, one of the executors.
Will proved by the oaths of Edward Boswell & Val Peyton.
[Source: Will Book G, pp.119-122, Prince William County, Virginia].


7. Col. Henry PEYTON (Valentine-2, Henry-1) was born about 1730 in Stafford Co, VA.93 He in 1751 inherited 935 A. on Broad Run, Prince WilliamCo., VA. and 100 A. on Whitledge's Branch.94 On 22/23 Sept 1763 Henry Peyton and Margaret his wife sold to Daniel French and Daniel Payne for 1,000 pounds current money of Va. 253.5 A. in Pr. WmCo taken up and patented by Valentine Peyton by deed from Proprietor's Office dated 20 Aug 1725 and by him given and devised in his Last Will and Testament to Henry Peyton.

On 1 Jan 1768, Henry Peyton and Margaret his wife sold Cuthbert Bullitt for 1,000 pounds current money of Va. (1) 470 A. upon Broad Run including Peyton's dwelling plantation and mill per original deed from Proprietor's Office to Valentine Peyton for one part of it and to Thomas Dallis for the residue; (2) 212 A. upon Broad Run purchased by Valentine Peyton of Nicholas Minor; and (3) 100 A. upon Whitledges Branch purchased by Valentine Peyton of Nathaniel Overall.

He in 1752 in Prince William Co, VA was named as an executor by Valentine Pepyton95 [NEED TO DEFINE SENTENCE: Land Survey]96 Fauquier County, VA:

John & Henry Lee 7 Thomas Lawson, exers. of Alan McCrae, assignee ( in 1764) of Captain Henry Peyton of Prince William county;04 April 1755- 03 June 1755; 2 surveys - 432 & 1,277 acres on Little R. ov er goose creek, Hunger Run;adj. to Mr. Byran Fairfax, William Stamps, John Clerk, Thornton. CC John Champ & JEREMIAH HAMMERICK. Pilot - JOHN SIAS.

Surv. W. West.

He was a Member of the House of Burgesses.97 Abraham Farrow (d. 1786), planter and son of Abraham Farrow, and Joseph Nevill, prob. the same Joseph Neville who was burgess for Hampshire Co, 1773-75, were residents of Prince William Co. Along with Herny Peyton (d. 1781), planter, son of Valentine Peyton (d. 1751), and burgess for Prince William Co., 1756-61, Farrow, and Nevill were charged with acting riotously and unlawfully, assaulting the sherfii, and intimidating the freeholders during the Prince William election. The Burgesses ordered the sergeant at arms, Thomas Hall, to take all three into custody. Farrow and Nevill confessed at the bar of the house, where Speaker Robinson reprimanded them and discharged them after they paid fees. Apparently Peyton never made a similar confession ("Burgeses' Journals, 1752-1758, 57-58, 73; Mar 25, Apr 4, 1752] He was an:administrator of Estate of John Champe in 1763.98 There follows the Will, as recorded in the Loudoun County records, Will

Book A, pg 96, dated 30 Jul 1763, returned to Court 8 Nov 1763. I have tried to preseve the original spelling.

In the name of God Amen, I John Champe of Louden County and Parish of Truroe, Planter being weak of Body but of sound memory yet considering that all Men is once to Die and the Transitory state of this life do make this my last Will and Testament in manner and form following:
My Soul I Bequeath to God Almighty my Creator and Jesus Christ my redeemer in hope at the General Resurrection to obtain full pardon for my sins and to enjoy eternal Happiness and my Body to the earth to be decently interred at the will of my Executor hereafter mentioned and as for what worldly substance God Almighty was pleased to endow me with after my Just Debts and Funerall Charges paid, I Bequeath in the manner and form following----
To my grandson John Champe I gave three Iron pots two pair of pot hooks and my Gun Bed and furniture two Butterpots Chest lock and key half a Dozen knives and forks Cow and calf Two pewter dishes five plates and a ? two Basons and my Riding Mare Bridle and Sadle---
To my daughter Susy Champe I give my yellow Cow---
I give my daughter Ann Champe one CowCalf Spice Mortar and one Brass Candlestick---
To my daughter Elizabeth Jones I give one Two year old steer---
To my son Thomas Champe I give my Roan mare---
Appointing my Son John Champe and my Son Thomas Champe both Executors of this my Last Will and Testament renouncing and disanowling (sic) all former Wills by me made, appointing and ? this to be ny Last Will and Testament firmly by these presents whereunto I have set my hand and Seal this 30th day of July 1763."
(Signed) John (his mark) Champe.
Witnesses: Thomas Hogan and George Leech.
In a Court held for Loudoun County, November 8th, 1763, This Will was proved by the Oaths of Thomas Hogan and George Leech witnesses thereto and Ordered to be Reocorded John Champe and Thomas Champe the Executors named refusing to take upon themselves the Burthen of the Execution thereof Relinquished their right of Administation in favour of Henry Peyton, Gent., and on the motion of the Said Henry who made oath according to the Law Certificate is granted him for obtaining Letters of Administration on the Estate of the said Decedent with the said Will annexed in due form giving Security on which he Together with John Mape? Junr has security entered into and acknowledge their Bond in the penalty of one hundred pounds as the law directs.

Note: The grandson, John Champe, mentioned in the first bequest, is generally considered to be the person later known as Sgt. Major John Champe, born about 1752, died about 1798, Marion Co., (then) VA.

He sold land on 23 Sep 1763 in Pr. William Co, VA99 On 22/23 Sept 1763 Henry Peyton and Margaret his wife sold to Daniel French and Daniel Payne for 1,000 pounds current money of Va. 253.5 A. in Pr. Wm. Co taken up and patented by Valentine Peyton by deed from Proprietor's Office dated 20 Aug 1725 and by him given and devised in his Last Will and Testament to Henry Peyton.

He sold land on 1 Jan 1768 in on Broad Run and Whitledge's Branch. On 1 Jan 1768, Henry Peyton and Margaret his wife sold Cuthbert Bullitt for 1,000 pounds current money of Va. (1) 470 A. upon Broad Run including Peyton's dwelling plantation and mill per original deed from Proprietor's Office to Valentine Peyton for one part of it and to Thomas Dallis for the residue; (2) 212 A. upon Broad Run purchased by Valentine Peyton of Nicholas Minor; and (3) 100 A. upon Whitledges Branch purchased by Valentine Peyton of Nathaniel Overall.

To Cyber-Peytons:

As Harold stated, Cuthbert Bullitt bought 470 acres from Henry Peyton, 01 Jan 1768. According to the legal notice dated 04 Jul 1771: "Col. Peyton upon the ad of January, 1768, executed deeds in trust, impowering me to feel not only this tract of land, but his whole estate, for the benefit of his creditors, the mortgages to be first discharged." (see second legal notice below.)

I'm only reporting what the legal notice says. Not having seen the original transaction cannot comment on the seeming contradiction. Perhaps additional documents may clarify. Cheers, Joanne

The subsequent problems arising from this transaction are too complicated to abstract, so enclose them here.

1) Col. Henry's posting for sale of lands 14 Apr 1768.
2) Cuthbert Bullitt's detailing the legal problems relating to Col. Henry's land. Note: Though newspapers are secondary sources, the legal notices in newspapers can give excellent leads to locating original document

(1) To be SOLD by virtue of deeds of trust, at the town of Dumfries in Prince William County, on Monday the 6th day of JUNE next, to the highest bidder, the following tracts of land, viz.

ABOUT 470 acres, whereon Col. Henry Peyton now lives. This tract lies in Prince William, within 18 miles of Dumfries and Colchester, is level, the soil good, well watered, joining upon Broad-Run a considerable distance, has a valuable gristmill upon it, convenient houses, and upwards of 100 acres of cleared land, in good order for either planting on farming. Two hundred and twelve acres lying upon the same run, about a mile higher up, great part of which is valuable low ground. There is also on this, a considerable quantity of land and several houses. One hundred acres lying upon the branches of Lucky-Run, in the same county. Seventeen hundred and ten acres lying upon Little River, in the county of Fauquher on which is a large proportion of meadow land, and not above 45 miles from navigation. Two hundred and fifty-four acres in the said county of Fauquier, in which the said Peyton is tenant by the courtesy. And 293 acres in the county of Frederick. Twelve months credit will be given, the purchasers entering into bond, with sufficient security. Five per cent. discounted for ready money.


Virginia Gazette (pub. Rind) page 2 Col 3, 1768-04-14 (14 Apr 1768)

Note: There were several Virginia Gazettes, Rind was one. Note: The above notice of sale led to a complicated legal dispute that culminated in Cuthbert Bullitt posting a long notice in the Virginina Gazette 04 Jul 1772, in which he detailed the history of the transaction, and issued a Subpeona: Henry Peyton, and administrators vs Thomas Lawson, John Lee, executors of Allan Macrae, Gentleman, deceased., for the settlement of same.

In Chancery.

(2) This transcript explains the details of the problems that rose after the posting for sale of lands by Col. Henry Peyton 14 Apr 1768, to be offered for sale 06 Jun 1768.

Transcribed for private use only. (Joanne J. Hughes)

PRINCE WILLIAM, July 4, 1771.

Mr. Rind (publisher of the Virginia Gazette)

I SO seldom read the advertisements in the Gazette, that until this very day Mr. Thomas Lawson's, of 6th of June, in which he hath mentioned my name, totally escaped my notice. I am unwilling to trouble the public with any dispute of a private nature, but that Gentleman's conduct has been, and is so very extraordinary on this occasion, that it deserves being brought into light. Col. Peyton, before Mr.Macrae's death, gave him a security upon a tract of land in question, and some other part of his estate,for the payment of a debt, somewhat exceeding 200 l. currency. This land, though surveyed, had not been cleared out of the proprietor's office, and Col. Peyton gave Mr. Macrae a certificate to get the deed into his own name, taking from under his hand and seal to re-convey all, or any part of the mortgated premises, upon receiving his debt and interest. Macrae dying before any thing was done, the Gentleman who calls himself acting executor (although there is another qualified) applied for, and obtained a deed in his own and his colleague's name.

Col. Peyton upon the ad of Janaury, 1768, executed deeds in trust, impowering me to sell not only this tract of land, but his whole estate, for the benefit of his creditors, the mortages to be first discharged.I advertised more than once but no one offering the value of the lands (one small tract excepted, for which the the money is paid to the mortagees) I conceived it would be for the benefit of the creditors, and postponed the sales. During these transactions, I frequently applied to Mr. Lawson to settle Mr. Macrae's account with Mr.Col. Peyton, in which there was some dispute, that upon the sale of this tract of land, he might receive his debt.He at first seemed willing (at least in words) to do so, but uopn being farther pressed, intimated, that upon his application for the deed, my Lord Fairfax told him, Col. Peyton had forfeited his title in the office. That in consequence of his Lordship's declaration, he thought he had a right to dispose of this land without accounting for the sale to Col. Peyton or his creditors, and: raise Mr. Macrae's debt out of the other mort-gaged premises. I own I did not believe his Lordship ever intended, if he had the power to deprive Col. Peyton's creditors of any part of his estate, to oblige Mr.Lawson; but from my opinion of that Gentleman, I could not entertain a doubt of the part I was to act, and accordingly told him, were those his sentiments.I must immediately commence a suit in chancery, to enforce a sale of this land for benefit of the creditors. He seemed desirous to have the matter speedily determined, and promised if I would give the bill when drawn, he would anser it the first court. Accordingly upon the 12th day of October, 1768, I issued a subpoena, drew the bill, and sent it to Col. Peyton. When the suit was called, I asked the Gentleman, who was then in court, for my bill and his answer, but to my surprize was told the bill was mislaid.I immediately prepared a second bill, and the cause was continued for the answers.In March, 1770, it was again called, and an attachment issued for the want of the answers, neither of which, although there was a decree nisi against Lawson, and an attachment with proclamation against Lee, are come into this hour. After this very evasive and very trifling conduct, what could be Mr. Lawsons motives for his advertisement? It could not be his thinking his money unsafe in my hands. I always desired the mortgates to attend the sales and receive their money, or to take bonds with approved security, payable to themselves. But his reasons are obvious. This tract of land is too valuable to be parted with, if it can be with-held by any possible means. Your giving this, with the inclosed certificate, a place in your Gazette, will greatly oblige.

Your obedient humble servant,


Henry Peyton, and administrators against Thomas Lawson, and John Lee, executors of Allan Macrae, Gentleman, deceased.SUBPOENA to bring the said executors to a settlement of accounts, and to enforce the sale of a tract of land, lying upon Little River, containing about 1700 acres, the money arising from the sale to be applied towards the payment of the debt due to Macrae, in the first place, and the balance, if any, to be paid to Mr. Cuthbert Bullitt, for the use of Peyton's other creditors. Issued the 11th day of October, 1768. March court, 1769. This cause was continued for the answers. March court, 1770. An attachment issued against the defendants for want of their answers.

May court, 1771. Attachment with proclamation against John Lee, decree nisi gainst Thomas Lawson.Neither of the answers are come in at this time.

Certified this 4th day of July, 1771.


He died in Jul 1781 in Pr. William Co, VA.

Col. Henry PEYTON and Ann THORNTON were married before 1746. Ann THORNTON Col. Henry PEYTON and Ann THORNTON had the following children:

+28 i. Timothy PEYTON (born about 1746).
+29 ii. Mary PEYTON.
+30 iii. Henry PEYTON.
31 iv. Capt. Valentine PEYTON died on 12 May 1780 in Charleson, SC. No issue101 It appears to the satisfaction of the Court, by evidence prsented that Valentine Peyton, a Captain in the Revolutionary War, left no children at his death. Timothy Peyton, an elder brother, was his heir at law.

Col. Henry PEYTON and Margaret GALLAHER were married about 1754. Margaret GALLAHER Col. Henry PEYTON and Margaret GALLAHER had the following children:

+32 i. John PEYTON (born in 1757/58).
+33 ii. Frances PEYTON (born on 12 Oct 1762).
+34 iii. Elizabeth PEYTON.
35 iv. Thomas PEYTON

From "Virginia Genealogies: a genealogy of the Glassell family of Scotland", By Horace Edwin Hayden:

41. COLONEL HENRY5 PEYTON (Valentine} Henry? Henry? Henry1), of Prince William county, Virginia; b. Stafford county, —; d. July —, 1781; will dat. May 22, 1781; pro. Prince William county, Aug. 6, 1781; m. (I.) —, Annie Thornton, b. —. d. —; daughter of Thomas Thornton, of Lancaster county, Va.; (II.) —, 1755, Margaret Gallaher, b. —; d. —.

Col. Peyton first appears in P. W. Co. records 1745. He was on the bond of Valentine Peyton, Sheriff, 1750. It appears also from P. W. records that he became Sheriff of the Co. Mar. 27, 1750; was Justice 1754-1761; County Lieutenant 1755-6, as see below. In 1761 Col. Henry P. and Landon Carter, Jr., were nominated for the House of Burgesses. On the day of election, May 11, 1761, Col. P. received the larger number of votes. (P. W., P. 72.) He was a vestryman of Dettingen Par. for years, and Church Warden from 1769 to 1780. He was named by the Va. Ass'y a Trustee of the town of Dumfries 1761 (Hen., VII. 427); was again made Sheriff Oct. 1,1779, and Collector Mar. 6, 1780. (V. 59-83.) In June, 1781, was styled "late Sheriff of P. W."

The date of his 2d mar. is settled by the date of his son John's birth, Apr. 14, 1763. Henry and Margaret P., his wife, of P. W. Co., conveyed 250 a. land in Fred'k Co. for £100. (Fred'k Co. Bk., VIII. 432.) Sep. 22, 1763, Henry P. and Margaret, his wife, deeded to Mr. Payne one tract patented by Valentine Peyton from Lord Fairfax Aug. 20, 1725. (P. W., Q. 41.) This deed was witnessed by Timothy Peyton. Aug. 4, 1770, he gave to his son Timothy of Pr. Wm. Co. 254 a. of land in Fauq'r. Co., being part of a tract granted by the Proprietors of Northern Neck to Thomas Thornton of Lanc'r Co., and by him devised to his dan. Annie, intermarried with Henry Peyton. (Fauq'r Co.^Bk., B. 82.) Nov. 4, 1780, Henry P. and Marg't sold Gustavus Scott, attorney at law, Dorchester, Md., 1700 a. land in Fanq'r, which he had mortgaged Jan. 1, 1768, to Cuthbert Bullitt. Sep. 30, 1732, Cuthbert Bullitt of Pr. Wm. conveyed to Jno. Baker of Fauq'r land which Henry Peyton, Gent., of Pr. Wm. conveyed to Cuthbert B. in trust for his creditors, and in which he, Henry Peyton, "had an estate for life by the Curtesy of England." Wit'd by Cuthbert Harrison. (Fanq'r Co., 244.)

In his will Col. P. names as legatees his children, Timothy, Mary Watson, Frances Peyton, Betty Martin, John, Thomas (a minor), his grandson Robert Peyton, and his wife Margaret Peyton. Ex'rs, Cuthbert Bullitt, James Ewell and John Peyton. Wit., Valentine Peyton, &c. Col. James Ewell and Thomas Blackburn really acted as ex'rs (I. 158), and again Sep. 23, 1781, John Peyton, Jnn'r, was appointed ex'r of Henry Peyton, Gent. It is related of Col. Peyton that when his son Valentine was killed at Charleston in 1781, "he was struck dumb with grief, but in a moment recovering his equilibrium and self-control exclaimed, 'Would to God I had another to put in his place.' "

When General (then Colonel) Washington was appointed Commander-in-Chief of Va. forces, 1755, headquarters at Winchester, defending the frontier against the Indians, he summoned the militia to aid in resisting the foe. He preserved notes of his transactions and difficulties in controlling this undisciplined material, which are published in Mr. W. C. Ford's " Writings of Washington." Among these notes occur the following references to Col. Henry Peyton:

"May 7. Lieutenant Colonel (Henry) Peyton came to town. May II. The Prince William militia were ordered to march to-morrow under the Command of a Captain and 4 subalterns to strengthen the Forts on Patterson's Creek, wilh a superintendent and 20 men, and to build another on the mouth of Little Cocapenon, but Colonel Henry Peyton, who had received a special Commission from his Honour the Governor, insisted upon going out to command them. I expostulated with him on the absurdity of it, and represented the unnecessary Charge it would run the Country into Employing of Supernumerary officers, but nothing would put aside his intention. He said his only motive in going was to serve his country, and that he expected no reward or gratuity for his trouble, and that unless he went he was sure the men would desert. May 12. In the Evening about 5 o'clock Lieutenant Colonel Peyton met the Prince William Detachment and marched, consisting of himself, I captain, 4 subalterns and 91 privates, as per return. See his orders at large in my orderly book. May 13. An Express came from Colonel Peyton informing that a Sergeant and 14 men deserted last night from him at Paris P'ort, and desiring Reinforcement." (Vol. 2. 73.)

Was Colonel Peyton (No. 41) the Major Henry Peyton, of Lee's Legion, whom Saffell says ' 'died in the service ? That he served in some military position during the Revolutionary War appears from the fact that he willed to his son Timothy 1,000 a. of land in Ky., his by a military warrant from Va.; and from the statement of General Washington, given under Peyton 71, when in 1798 he referred to Dr. Francis Peyton of Loudoun as " the son of a worthy man and brother to two of the best officers in Lee's company of horse daring the revolutionary war." This identifies Henry Peyton, but not the other brother. Henry P., No. 49, was old enough, but he did not die in the service, nor would he suit the description given by Washington. In a letter, Jane 16, 1776, from Rev. D. Griffith to Col. Leven Powell, published in the "Sketch ot Colonel Powell," p. 65, the writer says: "The Convention have agreed to raise 6 Troops of Horse. Harry Peyton is chosen a Cornet in one of them." Force records (VI. 1565) that Henry Peyton was appointed Cornet 5th Va. Troops Jane 14, 1776.

This could not well apply to Colonel Henry Peyton, 41, who in 1776 was aboat 50 or 55 years old, had been Lieut. Colonel of his county, and would hardly have accepted a cornetcy under Lee, then 20 years of of age. Nor would Rev. Dr. Griffith, then not over 40, have named him "Harry Peyton." Cornet Henry was not the son of Colonel Henry, whose son Henry died, 1776, as Dep. Clerk Fred'k Co. He may have been son of Craven Peyton, 40, and omitted from the will of Craven, 1781, becaase dead at that date. If not the son of Craven, I am unable to place him, and will leave him under 41 for future identification. Cornet Henry Peyton rose to the rank of Captain before 1779, as he is so designated in the report of the action at Paulus Hook, Aug. 19, 1779. His conduct there has been misjudged. The attack on Paulus Hook -was made by Maj. Henry Lee with 400 infantry and his own troop of horse. Anticipating his retreat from this attack, he had ordered a number of boats under command of Capt. Peyton to be ready at a certiiin point to convey his troops across the Hackensack. But when he reached that point he foand that the boats had been removed, or else had not arrived, Duer says through the stupidity of the officer in charge of them. Marshall, who is more cautious and accurate, says:

" To avoid the danger of a retreat up the narrow neck of land which has been already described, some boats had been brought from Pluckimin to Newark the preceding evening, from which place they were carried in the night to Dow's ferry on the Hackensack, not far from Paulus Hook. There they were guarded by a trusty officer of Lee's Corps (Peyton), who was directed to remain with them till the arrival of the troops engaged in the expedition. This, it was understood, would happen before day, as it had been designed to make the attack at midnight; but in the morning, no intelligence having arrived from Major Lee, the officer guarding the boats was led to believe that the attack had been postponed, the danger of his situation and the fear that his being discovered would disclose the object and prevent its execution on a subsequent night, induced him to retire with the boats to Newark." (IV. 139.)

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