Person:Henry Peyton (3)

Col. Henry Peyton
d.Bet 22 May 1781 and 3 Sep 1781 Prince William, Virginia, United States
m.
  1. Valentine Peyton
  2. Eleanor Peyton - Bet 1788 & 1793
  3. John Peyton1728 - Bef 1774
  4. Robert PeytonAbt 1729 - 1795
  5. Craven PeytonAbt 1730 - Abt 1781
  6. Col. Henry PeytonAbt 1731 - 1781
  7. Francis PeytonAbt 1732 - 1808
  • HCol. Henry PeytonAbt 1731 - 1781
  • WAnn ThorntonBef 1728 -
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 Col. Henry Peyton
Alt Name Col. Harry Peyton
Gender Male
Birth? Abt 1731 Prince William, Virginia, United States
Marriage Bef 1746 to Ann Thornton
Marriage Abt 1757 Fauquier, Virginia, USAto Margaret Gallahue
Death? Bet 22 May 1781 and 3 Sep 1781 Prince William, Virginia, United States
Reference Number? Q109700634?

Working notes

  • 1751 - Prince William County - inherited (from whom?) 935 acres on Broad Run and 100 acres on Whitledge's Branch
  • 1752 - named as an executor in Will of Valentine Peyton (which one?)
  • member of the House of Burgesses
  • 1752 - Abraham Farrow, Joseph Nevill, and Henry Peyton, residents of Prince William County, charged with acting riotously and unlawfully, assaulting the sheriff, and intimidating the freeholders during the Prince William election. 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 [Burgesses' Journals, 1752-1758, 57-58, 73; Mar 25, Apr 4, 1752]
  • Abt 1755 - Land Survey, Fauquier County, VA: John and Henry Lee, 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. over 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.
  • 1763 - administrator of the estate of John Champe [add link]
  • 22/23 Sep 1763 - Henry Peyton and Margaret his wife sold to Daniel French and Daniel Payne for 1,000 pounds current money of Va. 253.5 acres 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.
  • 1 Jan 1768 - Henry Peyton and Margaret his wife sold Cuthbert Bullitt for 1,000 pounds current money of Va.
    1. 470 acres 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 acres upon Broad Run purchased by Valentine Peyton of Nicholas Minor; and
    3. 100 acres upon Whitledges Branch purchased by Valentine Peyton of Nathaniel Overall.
  • 14 Apr 1768 - Bullitt posted the sale in the newspaper
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.
CUTHBERT BULLITT
[Virginia Gazette (pub. Rind), 2, 14 Apr 1768]
[This led to a complicated legal dispute that culminated three years later as follows:]
  • 4 Jul 1771 - Bullitt posted a long letter to the editor of the Virginia Gazette
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 mortgaged 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 January, 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 mortgages 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 mortgagees) 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 upon 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 answer 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 mortgages 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 enclosed certificate, a place in your Gazette, will greatly oblige.
Your obedient humble servant,
CUTHBERT BULLITT
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 and against Thomas Lawson. Neither of the answers are come in at this time.
Certified this 4th day of July, 1771.
[Person:John Graham (1)|JOHN GRAHM, Cl. Co.]]


  • Jul 1781 - Col. Henry Peyton died

Will Abstract

Will of Henry Peyton, Prince William County, Virginia, dated 22 May 1781, presented 6 Aug 1781

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 grandchild 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 Kent, Valentine Peyton.
Will presented in Prince William County Court, 6 day of August 1781 by James Ewell, one of the executors.
Will proved by the oaths of Edward Boswell and Val Peyton.
[Source: Will Book G, pp. 119-122, Prince William County, Virginia].
References
  1.   Henry Peyton (burgess), in Wikipedia: The Free Encyclopedia
    last accessed Dec 2022.
    Henry James Peyton (1725–1781), nicknamed "Colonel Harry Peyton" was a Virginia planter and military officer who served in the House of Burgesses representing Prince William County, as well as in local offices.
    -----

    Proof needed of middle name James and as Hayden outlined below, there is reason to believe that Col. Henry Peyton and Col. Harry Peyton were not the same person.

  2.   Hayden, Horace Edwin. Virginia genealogies : a genealogy of the Glassell family of Scotland and Virginia: also of the families of Ball, Brown, Bryan, Conway, Daniel, Ewell, Holladay, Lewis, Littlepage, Moncure, Peyton, Robinson, Scott, Taylor, Wallace, and others, of Virginia and Maryland. (Wilkes-Barre, Pa.: E.B. Yordy, printer, 1891).

    41. COLONEL HENRY 5 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 dau. Annie, intermarried with Henry Peyton. (Fauq'r Co. Bk., B. 82.)

    Nov. 4, 1780, Henry P. and Marg't sold to Gustavus Scott, attorney at law, Dorchester, Md., 1700 a. land in Fauq'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. (Fauq'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 11. 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, with 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, 1 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, 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, June 16, 1776, from Rev. D. Griffith to Col. Leven Powell, published in the "Sketch of 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 June 14, 1776.

    This could not well apply to Colonel Henry Peyton, 41, who in 1776 was about 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, because 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 certain point to convey his troops across the Hackensack. But when he reached that point he found 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.)