Patrick Henley

Male, #10530, (say 1665 - 28 Apr 1698)
Birth*say 1665 Patrick was born say 1665. 
Marriage*circa 1688 He married an unknown person circa 1688. 
Marriage*circa 1694 He married Sarah Mayo circa 1694. 
Court Records*24 Sep 1694 (CCR 101) Albemarle 1694 -- To the Generall Court to be holden for the County at the House of Mrs. Diana Forster the last Munday Being the 24 day of September Anno Domini 1694....
     12. June the 6th William Duckenfeild of the said County of Albemarle esqr. enters his action against Patrick Henley of the same County in a plea of the Case. For and that John Culpeper late of the said County <11> gentleman deceased did in his life time by a writing under his hand bearing date the 25 day of April 1683 oblige himselfe to pas good sufficient bille of exchange whensoever thereto required to be paid at the porte or cytty of london unto Henry Gawler his order or assignee in consideration of the sume of five pounds seven shillings which said sum being unpaid Sarah Culpeper Widow and Relect of the said John Culpeper did after the decease of the said John Culpeper assume in her own person to pay unto the said William Duckenfeild assignee of the said Henry Gawler after which assumption the said Sarah was Maried unto the aforsaid Patrick Henley the said summ being yett unpaid Wherefore the Provost Marshall is required to arrest the said Patrick Henley to appear at this Court to answer the premises and to make his returne. And it is returned Executed.
     (CCR 148) The Deposition of Elizabeth Mowbery Aged 56 yeares or there about being Deposed Sayeth: That Some Time in the Last of February or Beginning of March in the yeare 1690 I the Deponent came into the House of Thomas Slater where Mr. Pope now liveth and Mr. Tho. Slater asked Wm. Burnsby if it were a Bargane or no Bargane and asked the said Burnsby if the Cattle were his and the said Burnsby Replyed Cousin Slaughter all the Cattle I have is yours and in January in the yeare 1692 mrs. Slater told mee she Wondered what was the occation of the difference betwene Wm. Jones and Francis Williamson the said Wm. Jones Being then Security for Matthew Williamsons estate he being gon out of the Country; and Mrs. Slater told mee that she went to Mrs. Culpeper and Sould her Cattle and received Some Cloths ready made and some unmade and went home and made up what was unmad and putt them Into her Chiest and none could take away her redy Made Clothes; and on Whitson Munday 1693 between back River and York River in Virgenia William Bornsby told mee that he had heard of his vessell and that there was a Man would help him to his vessell and being in firther discourse I told him he had Sold the Cattle and what have you to help your Selfe and he answered that although he had sold them he Never was paid for them and he would take them againe. And These are the Cattle now in dispute between Wm. Burnsby and Mr. Henly This the deponent Saith and firther saith not. 7br 28, Sworne in Generall Court, Elizabeth Mowbery -- her Marke [Endorsed:] Mowberys deposition.1 
Court Records1 Feb 1694/95 [CCR 101] 1694 Entrys to February Court first Day....  
     3. December the tenth the Marshall is required to arrest Patrick Henley and Sarah his Wife Executrix of the last Will and testament of John Culpeper to answer the plaint of Rich. Plater Attorney of Colonel Samuel Shrimpton of Boston in New England in a plea of debt.
     5. Feb 2d the Marshall is required to summons Patrick Henley and Sarah his Wife Executrix of the last will and testament of John Culpeper deceased to answer the Complaint of Wm. Duckenfeild esqr.1 
Court Records1 Mar 1694/95 [CCR 101]1694 Entrys to the Generall Court the first of March.
     2. Feb. the 2d (1694) the Marshall is required to arrest Patrick Henley and Sarah his Wife Executrix of the last Will and testament of Jno. Culpeper of the County of Albemarle to answer the Plaint of William Duckenfeild Esqr. and Susanah his Wife Executrix of the last Will and testament of Colonel Francis Heartley deceased in a plea of the Case.
     7. Feb. the 6th (1694) The Marshall is required to arrest Patrick Henley of the Precinct of Pascotanck to answer the Plaint of William Duckenfeild and Susanah his Wife Executrix of the last Will and testament of Colonel Francis Heartley late of the County of Albemarle deceased in a plea of the Case.
     9. Feb the 9 (1694) The Marshall is required to arrest Patrick Henley and Sarah his Wife Executrix of the last will and testament of Mr. Jno. Culpeper late of the County of Albemarle deceased to anser the sute of Capt. Jno. Hunt Attorney of Anthoney Brockhos of the Cyty of New yorke in a plea of the Case and to summons Conrnel. Jones Charles Jones Richard Pope and Edw. Mayo for plaintif.
     February the 26th (1694) The Court Meet Present The Honorable Thomas Harvey Esqr. Deputy Governor the Honorable Danl. Akehurst Esqr. Benj. Lakar Esqr. Francis Tomes Esqr. Major Saml. Swann. Colonel Tho. Pollock. Lords Deputys: Capt. Anthony Dawson. Assistant.
          Patrick Henley and Sarah his Wife Executrix of the last Will and testament of Jno. Culpeper deceased arested to answer Mr. Rich. Plater attorney of Colonel Saml. Shrimpton of New England in a plea of debt And the said Rich. Plater came and saith that the defendants are justly Indebted to the Plaintif qualifyed as is aforesaid the summ of seventy three pounds fifteen shillings and three pence by Bill and the said Pa. Henley came and defends the sute and Craves Oyer of the said Bill which being read specifying the said summ haveing a seal annexed and signed with the name of Jno. Culpeper Dated the 24th day of September Anno Domini 1678 the said Patr. Henly pleads Non est factum and casteth himselfe upon the Country and the said Plater Also Wherefore the Marshall is Commanded to cause to come twelve true and lawfull men of the vincinage and who to Neither of the Partys are related Who Impannelled and sworne viz. Mr. Tho. Miller Foreman, Jno. Lilly, Tho. Nicols, Arthure Carleton, Christopher Butler, Jacob Overman, Francis Hendricks, William Bray, Thurloe Fee, William Collings, John Dan, Jno. Wilson Say upon their Oath We of the Jury finde noe Cause of Action. Ordered that the sute be dismissed and that the said Richard Plater pay Costs of sute alias Execution.
     March the First (1694). The Court Meet. Present The Honorable Tho. Harvey Esqr. Deputy Governor The Honorable Danl. Akehurst Benj. Lakar Francis Tomes Major Saml. Swann Colonel Tho. Pollock Esqrs. Lords Deputys Capt. Anthony Dawson Mr. William Duckenfeild Assistants.
          (Mr. Duckenfield riseth) Patrick Henley and Sarah his Wife Executrix of the last Will and testament of Mr. John Culpeper deceased Arrested to answer the sute of Wm. Duckenfeild and Susana his wife Executrix of the last Will and testament of Colonel Francis Heartley And the said William Duckenfeild cometh by Hanaball Haskins his Attorney and saith that the said Patrick Henley and Sarah his Wife is indebted to the Plaintif by account contracted by the said Jno. Culpeper in his lifetime with the said Francis Heartley in his lifetime the summ of Eleven pounds seventeen shillings five penc halfe peny and the said Patrick Henley craves Oyer of the said account which being Read bearing date Anno 1689/90 (the date on the account is 1688/9 January) the said Henley saith that after the date of the said account viz Anno 1690/91 the said Jno. Culpeper had frome the said Francis Heartley a full discharge from all former accounts which by the said discharge produced in Court he maketh Appear. Ordered that the sute be dismissed and that the said William Duckenfeild and Susana his Wife pay Costs alias Execution. And the said Patrick Henley prayeth his said discharge from the said Francis Heartley to be recorded.
          Patrick Henley and Sarah his Wife Executrix of the last will and testament of Jno. Culpeper deceased arrested to answer the sute of Capt. Jno. Hunt attorney of Anthony Brockhos of New Yorke in a plea of the Case And the said Jno. Hunt saith that the said Jno. Culpeper hath received by Order of Thomas Clancy upone the account of the said Anthony Brockhos and James Larkin certain Goods to the value of forty five pounds Eighteen shillings and six pence And the said Patrick Henley saith that the Goods he hath received as is aleged And his reasonable account therof he is ready to render but the said Jno. Hunt haveing noe authority from the said James Larkin to whom parte of the said Good did belong. He cannot answer the said sute. Ordered that the sute Fall and that the said Jno. Hunt pay Costs of sute.
     1694 At the Court of Chancery holden at the house of Thomas White the 28th of February Present the Honorable Thomas Harvey Esqr. The Honorable Danl. Akehurst Esqr. Benj. Lakar Francis Tomes Major Saml. Swann Colonel Thomas Pollock Lords Deputys Capt. Anthony Dawson Mr. William Duckenfeild Assistants
          Mr. Patrick Henley sumoned to answer the plaint of William Burnsby and the said William Burnsby sheweth that Wheras the said Patrick Henley had Recovered at Common law against the Complainant the Summ of ten pounds with Cost on the account of some Cattle of the said Patrick Henleys aleged to be detained by the said Wm. Bournsby the said Wm. Bournsby saith that the said Cattle was indeed had by the said Henley and by him disposed of and craves that herof the said Patrick Henley may be examined upon his Oath concerning the premises And the said Patrick Henley upon his Oath saith that he hath not killed or any wayes disposed of the three kowes for which he brought his Action at Comon law against the said Wm. Bournsby and upon which the recovery of the said ten pounds was had. Decreed that the said William Bournsby pay unto the said Patrick Henley the summ of ten pounds recovered at Common law with all Costs of sute.
          Patrick Henley and Sarah his Wife Executrix of the last Will and testament of Jno. Culpeper deceased sumoned to answer the sute of William Duckenfeild Esqr. and the said William Duckenfeild saith that there is due to him from the defendants the summ of five pounds seven shillings for soe much money paid by the said William Duckenfeild unto Henry Gawler in Virginia on the account of the said Jno. Culpeper in his lifetime for which the said Jno. Culpeper assumed payment of the said summ unto the said William Duckenfeild. And the said Patrick Henley cometh and confesseth the same to be due as is aleged and assumeth payment of the same in Wheat at the next insueing Crop: and the said William Duckenfeild is content to receive the said summe in that specie. Decreed that the said Patrick Henley and Sarah his wife pay unto the said Wm. Duckenfeild the summ of five pounds and seven shillings in Wheat alias Execution.1 
Will*24 Jul 1696 He made a will at Philadelphia, Philadelphia Co., Pennsylvania, on 24 Jul 1696. 
Death*28 Apr 1698 He died at Philadelphia, Philadelphia Co., Pennsylvania, on 28 Apr 1698. 
Biography* The following account of Patrick Henley is taken from Meet Our Ancestors: Bundy, Winslow, Culbreth, Autry, by Vivian Mayo Bundy. Patrick Henley died February 28, 1698, in Philadelphia, PA. His will, dated July 24, 1696, Albemarle, NC, was filed in Philadelphia. He married first Mary ______. He married second, ca.1693, Sarah (Mayo) Culpeper, daughter of Edward Mayo, Sr., and widow of John Culpeper. Patrick Henley first appears in the records of Albemarle, NC, in 1691. Family tradition says that he came to America on the "Welcome" in 1682 with William Penn, but nothing as been found to support this claim. Patrick Henley, "the immigrant," was probably born in England and there took his wife Mary. He claimed land in North Carolina in 1694, 1100 acres for the importation of twenty-two persons to the colony "whose names are upon Record in Pascotank Records and are hereunto inserted." In his headrights, Patrick Henley names his deceased wife Mary, their daughter Mary, and his wife Sarah. Headrights in this period could be claimed even on deceased persons as long as they had been imported, hence accounting for the headrights claimed on two wives. Also in 1694 there are claims for Henley's wife and his mother by Henry Palin and William Barnby, friends and neighbors. This is the only record to date of Patrick's mother. Headright claims were often duplicated. Further evidence of this practice is that Sarah Henley was also claimed by her father Edward Mayo.... The earliest record of a Henley is found in Births, Deaths, and Marriages of Berkeley (later Perquimans) County: "Mr. ______ Henly departed this life ye 4th of September 1691. A document in the state archives in Raleigh, NC, lists a number of debts Patrick owed to Francis Hartley. Francis Hartley's will was probated May 2, 1692 and this debt was being collected by his heirs, so it seems probable that it referred to Mary Henly's death in September, 1691, as does the entry in the list of Berkeley deaths. Patrick Henley's name appears time and time again in the first two volumes of North Carolina Higher Court Records.... Beginning in 1693 Sarah is mentioned as his wife and many times thereafter, usually in connection with suits brought against them concerning her former husband, John Culpeper.... In 1695 Patrick was appointed auditor of the estate of Adam Gamball, mariner. Other Suits in 1693 and also in 1697-8 would seem to indicate his associations with ships and sailing. One document mentions him as master of the "Jane and Sarah," a vessel with owners in Virginia sailing from North Carolina the last day of the year 1697. On July 24, 1696, Patrick gave Daniel Akehurst, a prominent resident, his power of attorney, and appears to have removed with his family, "sick of this Government," to Philadelphia. Patrick's will, also dated July 24, 1696, and made in Albemarle, NC, left his estate "in Europe and America" to his wife unless she "die before her return from this voyage," and then named his children, including "the child my wife now goes with." Family tradition says his daughter Ann was born January 1, 1698. Sarah, his widow, reported the inventory of his estate taken June 20, 1698. The total inventory was just over one hundred and seventeen pounds and does not include real estate. Several bills were reported and marked paid by Sarah. Sarah Henley, widow, was given liberty to marry Matthew Pritchard, April 28, 1699, according to the Philadelphia Monthly Meeting minutes. Later in the year when Matthew asked permission to remove to Carolina with his family, the Meeting made enquiries "to see how what was made over to his wife's children is or may be secured." Matthew and Sarah had a son, Thomas, born in 1702, died 1759, "the sole surviving heir" of Matthew when he died in 1729.... Patrick Henley's will is found in the Records of Administrations in the Record of Wills Office, Book A, Page 258, in Philadelphia, PA: 24 of July, 1696 -- Albemarle Countie in Province of Carolina. In the name of God, Amen. I, Patrick Henley, being in perfect health and of sound memorie and with all being sensible to the uncertaintie of life, and not knowing how soon the Lord may remove me by death from this troublesome world I make this my last will and testament revoking what ere to fore at one time or times hath been made by me of this nature. I give and bequeath my soul to God the Creator and Preserver thereof hoping that in and through the mediations of our Lord and Savior Jesus Christ he will receive the same. And my bodie decentlie burried at ye discretion Executors. In case my Executress should die before her return then I nominate and appoint Daniel Akehurst and Thomas Symons to be my executors to perform my last will and testament. Item 1st -- I give and bequeath to my loving wife, Sarah Henley, my whole estate real and personal except one Negro girl unto my daughter Marie Henley, but in case my wife die before her return from this voyage I give and bequeath my estate in manner and form as followeth. Item 2nd -- I give unto my daughter Marie Henley one Negro girl to be delivered to her when she come of age. Item 3rd -- I give and bequeath unto my stepdaughter, Sarah Culpepper, fiftie pounds to be paid to her when she comes of age in this counties commodities, beside what is due her by her father's will. Item 4th -- I give unto my daughter Elizabeth Henley two negroes when she comes of age or the day of marriage. Item 5th -- I give unto the child that my wife now goes withall, if it be a boy two negroes, if it be a girl one negro either boy or girl. Item 6th -- I also give and bequeath the rest of my whole estate both real and personal in Europe and America to my loving son John Henley whom I do nominate and appoint to be my heir. Item 7th -- I also give unto my brother-in-law Stephen Scott, what he owes me. In witness whereof I have hereunto set my hand and affixed my seal, this the 24th day of Julie, 1696. Item 8th -- I also give unto my said executors, Daniel Akehurst and Thomas Symons five pounds per piece for ye trouble, care, and pains in the performance of this my will. In witness where of I have hereunto set my hand and affixed my seal this 24th day of Julie, 1696. So subscribed (Seal) Patrick Henley. Signed, sealed, and delivered in presence of us: Stephen Richardson, Elizabeth Scott, Elliner Scott. 

Family

Sarah Mayo (circa 1672 - before 1726)
Marriage*circa 1694 He married Sarah Mayo circa 1694. 
Last Edited26 Jul 2011

Citations

  1. From "Records of Courts Held by The Governor and Council, from the North Carolina Historical and Genealogical Register, I, (1900), 135 (The original documents are now lost. This source appears to consist in part of abstracts and to reflect many misreadings of the manuscript.).