08 September 2020

Francis Peake

 

By Teresa Martin Klaiber 2020

 

During 2020 we are living in a world where there is talk of walls going up between countries, yet again.  We never learn from our historical mistakes.  These walls are very tangible, visual and real.  But there are many boundary crossings that cannot be seen unless you are flying down a modern highway and pass a sign that says “Welcome to Virginia.”   Even more invisible are county lines.  I usually spot a few when the road conditions change.  Some counties have more government funding than others.  Historically petitions changed state and county lines.  But because our minds are like virtual reality, we tend to treat boundaries as solid walls when doing research.  Even crossing a river tends to signal boundary, “stop.”

A good genealogist formulates an outline that includes when a county was created and when state and county lines moved within the chronology of a person.  The genealogist takes into account that even in colonial times our ancestors loved to travel.

Francis Peake’s life involved invisible boundaries.  He was born in 1741 in Prince William County, Virginia, son of John and Lucy Gregg Peake.  Francis was one of eight known children.   When he was just 18, he and brother Thomas Peake were witness to the will of Richard Kent[i] in Fairfax County, Virginia.  Fairfax was created from a portion of Prince William in 1742. This compiler believes that Richard Kent was related to Anne Owsley, Francis Peake’s material great aunt, who married Isaac Kent[ii].  Francis’ father, John Peake had property in Truro Parish of Fairfax as well.

 

 

John Peake died in Prince William County before August 1756.  In 1762 son Francis is taxed for 100 acres along with brother Daniel, George, William and John.  His mother, Lucy, widowed, married Robert Moseley and appears with tithes on 368 acres[iii].  The Peake brothers sold 300 acres on Folly Branch, “devised by their father John” to the Honorable John Tayloe of Richmond County, 2 November 1764[iv]. 

John Tayloe was known as a wealthy plantation owner in Colonial Virginia.  He was manager of Neabsco Iron Works in the 1740’s and later built an estate known as Mount Airy overlooking the Rappahannock River.   Francis’ brother James Peake later had a survey for 225 acres on the North Run of Neabisco.  An interesting point concerning the Peake/Tayloe deed transaction is that it is repeated twice in the record with one small change in the 2nd copy.  The first deed states “yielding and paying therefore the grant of one peppercorn upon Lady Day next if same shall be demanded.”  The second recorded deed is exactly the same leaving out the peppercorn.  Peppercorn is a legal term used as a metaphor for a cash payment used to satisfy the contract and functioned to conceal the value of consideration.  Neither deed state the amount.  “Lady Day” was a traditional English celebration on 25 March of the new year.  The Gregorian calendar was adopted in 1752 making the date and “Lady Day”  obsolete by the time this deed was written in 1764.

The 1765 tithes for Dettington Parish still show Francis Peake with 100 acres.  Some time prior to 12 August 1765 he marries Mary when they have their first child, William, in Prince William County.  A total of nine children were born to Francis and Mary.  The youngest child John J. Peake born 15 April 1790[v]. 

It is hard to imagine what life would be like during the Indian hostilities with small children.  Mary Peake must have been a strong woman.  Francis Peake was one of the volunteers during the Sandusky Expedition in June 1782[vi].  He signed up from Westmoreland County, Pennsylvania. At that time Washington County was newly formed from Westmoreland.

 

 

The militia were described as poorly trained amateurs.  Their goal was to destroy  Native towns, hoping to stop the Indian attacks on settlers.  The military was surrounded by the Natives.  Many, including Francis Peake managed to retreat back to Pennsylvania.  

 

Eldest son William describes his own service in his pension application in Henry County, Kentucky in 1832 stating that he, William, was in Garrison with Ebenezer Zane as a scout and spy and that he lived at Wheeling when he entered service in 1782.

It is not clear if any of the Peake’s were in Fort Henry during the siege that took place September 11-13, 1782 or exactly where Mary and the children were staying. Neither William or his father appear on the names that were recorded within the fort that day. The Zane family was there.  There is much written about the bravery of Betty Zane. A dear friend of this compiler, Frank Betz, and I used to talk about his Zane ancestors at length. Frank now deceased, also wrote me a descriptive detail of his walk out of New York City on the day of 9/11.[vii]  Frank started out as a genealogy client that morphed into a wonderful friendship, through the death of his wife, the love of Weimaraner’s and his love of boats.  I miss those talks since his death. But I digress.

Francis Peake survived his service. He appears in the tax records of Amwell township, Washington County, Pennsylvania in 1783.  In August of the same year he appears in a court order back in Prince William County, Virginia as plaintiff against James Nisbet.  The order simply states that the suit was abated ie a suspended law suit.  James Nesbitt was a doctor from Scotland and resided in Dettingen Township, Prince William County.  Francis appears on the Donegal township, Washington County, Pennsylvania Tax and exoneration lists in 1786 along with his brother Thomas. Two daughters were born to Francis and Mary while residing in Washington County, Pennsylvania: Mary “Polly” born 31 May 1784 and Susannah born 24 April 1786.

 

Later records show the last two sons of Francis and Mary Peake born simply in Virginia.  Thomas W. Peake was born 15 July 1788, the youngest son John J. Peake born 1790. Research places the family in Ohio County, Virginia at the time of their births.  It would imply that the Peake’s moved from Donegal, Washington County, Pennsylvania across the invisible border to Ohio County, Virginia after April 24, 1786 and before July 1788.

 

Donegal Township, Washington County, Pennsylvania borders Ohio County, (W) Virginia. A Chancery record[viii] in Campbell County, between the family, in Kentucky, taken 17 August 1808, tells the rest of the story.   Thomas Peake (s/o John & Lucy Gregg Peake)  gave testimony in Circuit Court stating that he was the brother of Francis Peake who died at Wheeling, Virginia and left Mary Peake the defendant his widow. 

He goes on to say that he saw Mary Peake leave Wheeling for the state of Kentucky having a negro slave named Fanny with her. The chancery dispute was over the sale of said slave and the use of moneys to purchase 50 acres.

Path of Zane’s Trace in red

Senator Robert Martin wrote this compiler that he heard his mother mention that the family came to Georgetown when Thomas W. Peek was three years old.  Thomas W. Peake/Peek was born 15 July 1788.  This would place Mary, now widowed,  travelling along Zane’s Trace, across Ohio to Maysville, Kentucky and into Scott County, Kentucky in 1791.  I estimate that Mary would now be in her late 40’s.

On 20 August 1809 Mary gave personal testimony for the Campbell Circuit Court from Scott County, Kentucky.  Mary testified that she and her son William had lent each other money and that she had purchased said Fanny and land (50 acres) out of her own money.  In her deposition she states that she loved her children and kept them with her and brought them up in the best way she was able but owing to the infancy of the country and the dangers apprehended from Indians when they first moved to Kentucky she had been unable to educate her children with a good common English education.  She goes on to say she brought them up to industry and they were dutiful and obedient.  In October 1808 the bill states she moved to Kentucky about 15 or 16 years ago. 

Mary  acknowledged that she sold Fanny by parole of Thomas Kennedy and felt she had the right to do so.   Sadly the suit continued on who should receive the funds from the sale of said Fanny and distribution of 50 acres of land Mary purchased.  Eleven days later 31 August 1809 Mary  died. 

This final document is a wonderful genealogical document with Mary in her own words giving the birth date of her children including this compiler’s ancestor Thomas W. Peek.  It is a glimpse of the struggle of our pioneers as well.  The life of Francis Peake is an excellent example of how borders and boundaries shift and change and the trail of evidence may show up in several county and state records.

 

 

 

 

 

 

 

 

 

 

 



[i] Abstracts of Wills and Inventories, Fairfax County, Virginia, 1742-1801 (N.p.: n.p., n.d.), page 12

[ii] Anne Owsley sister of Jane who m James Gregg and was mother of Lucy Gregg Peake w/o John Peake.

[iii] Virginia, Prince William A true list of Land Owners List 1762. http://eservice.pwcgov.org/library/digitalLibrary/PDF/1762%20LL%20Landholder%20List%201762.pdf

[iv] Virginia, Prince William, Deeds, Q page 205, 2 November 1764; page 206 second repeated deed.

[v] William, Sarah, Elizabeth, Nancy, James, Thomas W., Mary “Polly”, Susannah, John J. Peake

[vi] Thomas Lynch Montgomery, Pennsylvania Archives Sixth Series ( Department of Public Instruction, 1907), Volume II p 387.

[vii] Frank Betz Zane material and his letter via 1911 are now part of the vertical file collection at the Boyd County Public Library, Ashland, KY.

[viii] Campbell County, Kentucky, Court Orders, "In chancery", Depositions, 17 August 1808; , .

03 September 2020

James Hawkins of Spotsylvania & Orange County, Virginia 1718-1786

 


By Teresa Martin Klaiber 2020

 

There is a slew of Virginia Hawkins researchers.  There is tons of information and documentation of many of the Hawkins families of Spotsylvania, Orange and surrounding counties in Virginia.  100% of researcher postings and publications either ignore James Hawkins or state he died young.  In actuality he lived approximately 68 years.  Yet there is so much more information this compiler needs to compile a proper biography.

 

James Hawkins birth is estimated, by this compiler, as 1718 in Spotsylvania County, Virginia.  He is this compiler’s seventh great grandfather.  Some place his birth between 1720 – 1722.  I based the estimate on his appointment as constable 7 Nov 1739[i] placing him about 20 years of age.  I have mentioned him before in another article concerning his granddaughter, Lucy, wife of John Martin written May 2017.

 

James Hawkins is one of nine children of Nicholas Hawkins (1695-1754) and wife Elizabeth Long.  There is substantial evidence of Nicholas and Elizabeth’s life.    

 

James first appearance in court records appears to be the constable appointment replacing William Miller in Spotsylvania County, Virginia.  Miller received land from John Miller of Essex County,  his father, on the branches of the Massaponnax in 1737[ii].[iii]  The 1739 court order does not explain why he was replaced by Hawkins.

 

It is also about 1739 - 1740 that James Hawkins has a child (either male or female) who later becomes the parent of Lucy that marries John Martin. We can safely assume that if James Hawkins officially married, he did so in his 20’s.  While a few Parish records for St. George exist, the required marriages are lost.

 

James along with brother’s Nathan and Alexander Hawkins along with William Martin[iv] witness Nicholas Hawkins purchasing 200 acres in St. George Parish, Spotsylvania, 26 April 1743, from William Lindsey.[v][vi] The 200 acres was on the north side of the River Po.  The north side of the River Po fell within Essex prior to the formation of Spotsylvania.

 

On 4 Jun 1745 Nicholas Hawkins made a deed of gift to his son, James Hawkins, of 100 acres in St. George Parish along with the gift of one negro.[vii]  Crozier gives no further details but the Embry Spotsylvania Index describes the 100 acres as being on “Jarmanah” (Germanna) and Chiswells Mine Roads adjacent Francis Smith and Owen Thomas.  This may the 100 acres sold by John and Lucy Martin to James Marye[viii] simply described as on the Old Mine Road in April 1780.  To date this compiler has not seen a transfer of the 100 acres from James Hawkins.

 

James does not appear in Spotsylvania records for another seven years.  And we all know a lot can happen in seven years. When he does appear, he provided security for Nicholas Hawkins guardianship of Elizabeth Long, orphan of Samuel Long (July 1752).  By December Thomas Haydon[ix] stepped in as security, replacing James Hawkins.  There is no explanation in the change of security.

 

James Hawkins father died before May 1754 leaving sons Nicholas, Nathan and James “land each now lives on”[x] in his will in St. George Parish, Spotsylvania County, Virginia.

 

James  (estimated age 43)  has granddaughter Lucy  born 3 December 1761.  At this point in research this compiler cannot determine if James is her paternal or maternal grandfather. DNA supports her Hawkins heritage.

 

James Hawkins appears again in records in a court case, when he and William Ellis provided bail for Nicholas Hawkins in Chew Jr. vs Hawkins Jr. 5 July 1758.[xi] William Ellis is the father of Elizabeth Ellis that married John Hawkins son of Nicholas Hawkins Sr. and Elizabeth Long.  The Nicholas Hawkins in the court case is the brother of James and John Hawkins.

 

Lucy, granddaughter of James Hawkins marries John Martin of Spotsylvania County, Virginia circa 1779.  Their first child, great grandson of James Hawkins, is James H. Martin born the following year.   Most likely this first son was named for James Hawkins and the middle initial H. is possibly Henry for the paternal great grandfather viz. Henry Martin.  Or could his middle name be Hawkins?  So many researchers like to tag middle names without written documentation. James shall be eternally James H. Martin without further evidence.

 

When James Hawkins was 66 he witnessed the deed of Mary Pollet along with his granddaughter Lucy and her husband John Martin.[xii]  James appears for jury duty 6 March 1787 in Spotsylvania County.

 

Hawkins died between 26 February 1786 and 27 April 1786.  His will was written in St. Thomas Parish, Orange County, Virginia.  He gave all his real and personal property To Thomas Stevenson “for the trouble I have given at his house …” and two slaves to his granddaughter Lucy Martain wife of John Martain of Spotsylvania County, Virginia.  Witness to the will were James Stevenson, John Stevenson and Johnny Scott.[xiii]

 

This compiler wonders how long James resided with Thomas and Mary Hawkins Stevenson[xiv]/Stephenson.  Mary Hawkins Stevenson was the niece of James Hawkins. Her father was Nathan Hawkins who had married Catharine Ann Haydon[xv] and brother to James.

 

James Hawkins will was submitted to court by John Martin and Thomas Stevenson, acting as executors 27 April 1786.[xvi]  Johnny Scott and James Stevenson gave testimony.  A final inventory was made 28 December 1786, consisting of Negroes Boson and Hannah, one feather bed and furniture.  The inventory was presented by John Martin as one of his executors.  There is no mention of remaining lands.

There is virtually no court record hinting at the personal life of James Hawkins. Was he married? Did he have other children? If so were all deceased and only one grand child remaining by the time of his death?  Was Lucy raised by her grandfather?  Any one with documentation, or incite concerning this missing generation please feel free to contact the compiler: deliverancefarm@gmail.com

 

 

 

 

 

 

 

 



[i] Spotsylvania County, Virginia, Order Books 1738-1749, page 63, 1739; Clerk's Office, Courthouse, Spotsylvania, Virginia.

[ii] The Hord Family of Virginia: A Supplement to the Genealogy of the Hord family, p. 49

[iii] Wm. Millers mother has said by some to be Mary Hawkins but there is no documentation to prove.

[iv] Martin, William s/o Henry and Jane Martin

[v] Crozier, Wm Armstrong. Virginia County Records Volume I Spotsylvania County 1721-1800. Genealogical Publishing, Baltimore, MD. 1978

[vi] Lindsey purchased the 200 acres from Larkin Chew in 1722 from Chew’s grant. Larkin Chew sold 300 a in St. George Parish to Henry Martin in 1724.

[vii] Virginia, Spotsylvania. Dbk D

[viii] William Armstrong Crozier, Virginia County Records Volume I Spotsylvania County 1721-1800 (Baltimore, Maryland: Genealogical Publishing Co., Inc, 1978), page 352.  Embry gives further details.

[ix] Thomas Haydon daughter Margaret m Benj. Leavell.  Edward Leavell b 1755 s/o Benj and Margt. married Elizabeth Hawkins d/o Nathan and Catherine Ann Haydon Hawkins.

[x] Virginia, Spotsylvania, Wbk B p 198

[xi] Spotsylvania County, Virginia, Order Books , 1758; Clerk's Office, Courthouse, Spotsylvania, Virginia.

[xii] Mary married 1 a Penny, 2 John Skeaths, 3 John Pollett. Va dbk K p 254.  The property ended up in hands of her son John Penny.

[xiii] Virginia, Orange Wbk 3 page 105

[xiv] Stevenson’s later migrate to Madison County, KY

[xv] Catharine Ann Haydon d/o James Jarvis Haydon and wife Mary Jones

[xvi] Orange County, Virginia, Minute Books film 007897259, vol 2 p 355, 27 Ap 1786; , .