Person:Henry Hayes (5)

Contents 1 Source 2 Related 3 Overview 4 Henry's Children 5 Henry's Wives 6 Land 7 Civic 8 Footnote 9 land Notes 10 Public Office Notes 11 Note 2 12 Note 3 13 N0te 4 14 Vita		Old Chester Hays Tapestry Hays Registers Data Index YDNA. Hays
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Source

Transcript:Will of Henry Hayes, Chester PA, 1745

Land records 1705-3 tracts Richard Hand to Henry Hays in Chester County.

400=500 acre Tract of Land between Old Society of Traders and Hilltown

Similar

Our English Ancestors and a Visit to their Homes, J. Caroll Hayes, 1905

Historical Sketch of the Family of Henry Hays, Martha Brinton Thomas, 1905

Source:Wiley, 1893

Source:Cope, 1904

Related

Oxfordshire Hays

Overview

All Saints Church, Spelsbury, Oxfordshire Georgaph

Cottage in Fulwell, Oxfordshire, known as "Biddy's Bottom". Geograph

Henry Hayes is said to have been born in 1667 in the village of Fulwell, Oxfordshire, England, and was probably baptized at All Saints Church, in nearby Spelsbury. His parents are given as Richard Hays and Margaret. He is said to have married Rachel Margaret Cloud in 1691 in nearby Epwell, Oxfordshire.[2] Land records in Pennsylvania show that he worked as a carpenter. While still in Oxfordshire, he obtained a land warrant to 1000 acres in Pennsylvania, original obtained in 1681 from one Richard Haunds or Hands The Proprietary, by Lease and Release, dated 11th and 12th 8ber (October) 1681, Granted To Richard Haunds, of Swanford, in the County of Oxon, husbandman [3], 1,000 acres of Land in this Province, to Hold, &c. The said Richard Haunds, by Indenture of Lease and Release, bearing date the 13 and 14 days of 10ber (December) 1700,[4] Granted the said 1,000 acres of Land to Henry Hays, of Fulvell, in said County, Carpenter, to Hold, &c, (who) requests Warrant to Take up some 500 acres and a Lott and Liberty Land Appurtenant to the Purchase aforesaid. The Lotts Lye on Schuylkill Side. 28th 11 mo. 1705: Henry Hayes desiring a Convenient Lott to build On has Pitcht on a vacancy of 33 foot between 3d and 4th Streets on the South side, belonging to Rich'd Hound's 1,000 acres, and pays 15 pounds to the Prop'ry with all Other Charges, let his Pat. be dispatched without delay, he's given full Security. Historical Sketch, by Miss Martha Brinton Thompson.[5] The land record shows that Richard Hounds was then living in Swinford, Oxon, [6] approximately ten miles from Fulwell where Henry lived. How Henry came to know Hounds is unknown.

Henry and his wife (probably Margaret, at this time), immigrated to America by early 1705, taking up over 1400 acres of land. This was partially based on the warrant originally obtained from Richard Hounds, but also included additional acreage independent of the Hounds warrant (see below.) Most of this property was in the modern townships of East Marlborough, and West Marlborough near Unionville and Coatesville respectively. Normally, when someone obtains substantial amounts of land in the new world, we assume that the land is primarily intended for self sustained agriculture. This may be the case for Henry, but there are a number of cues that suggest that this was not his plan in coming to the new world.

• As part of his new property Henry also obtained the right to a lot in Philadelphia. Yet his property was a substantial distance (roughly 40 miles) from Philadelphia, and a home in the later location would have made working a farm that far out very difficult.
• The initial lot that he was offered was east of the Skullykill. Given the course of the Skulykill, this might have been fairly close to Philadelphia, but the odds are that it was considerably closer to his Unionville and Coatesville tracks than to Philadelphia. Yet Henry chose to give up that lot, and purchased a vacant lot in the heart of Philadelphia. ^[7]
• Henry served several terms as a member of the the Assemby, the Philadelphia governing body. That suggests that in civic matters he was a person of some importance. It also demonstrates that he was in fact a resident of Philadelphia, as a requirement of the position was that assemblymen had to live within the city of Philadelphia.

Henry's Children

Henry's 1745 will identifies five sons, and six daughters. Most, if not all, are presumed to be by Henry's first wife, Margaret. Some genealogists attribute up to 7 other children for this couple. Some of these additional children can be substantiated one way or another, but others do not seem to be supported. The following summarizes what is known about these children. Children highlighted in red can be readily accepted as children of Henry Hays (5). Children highlighted in pink are likely to be children of Henry (5) but the supporting evidence is less definitive. Children not highlighted currently lack direct supporting evidence that would suggest that they are the children of Henry (5). The later children, are likely to be the offspring of a different person.

Henry's Wives

Original source documentation shows that Henry (5) had three different wives. Much of the following is from Source:Hayes, 1905, and Source:Thomas, 1905, taken from Source:Harry, Windle, and Hayes, 1906

1. Margaret---Baptismal records of the Spelsbury Parish Church give the DOB for the first six of his children, Per Hays, 1905. From the DOB's of these children, we can guess that the marriage occurred about 1791. The first two of these children were twins, and that particular record identifies their mother and father as Margaret and Henry. It is unclear form Hayyes 1905 whether the other records identify the mother of these children, but that is implied by what is said:

The register of Spelsbury parish, of which Fulwell forms a part, records the baptism on May 23, 1667, of "Henery ye son of Richard Hayes of Fulwell." His first wife's name was Margaret, as appears from the entry of the baptism of their first two (twin) children, and not Rachel, as had been supposed; and the former was probably the mother of at least the six children born in England

2. Rachel Cloud---In 1729 Henry entered into a series of land transactions, transferring some of his property to his sons. In these transactions his wife is identified as "Rachel" ^[8] Some have interpreted this to mean that her name was "Margaret Rachel", or "Rachel Margaret" but the use of a middle name at this time is exceedingly uncommon in England. It seems more likely that Henry's first wife, Margaret, died and he subsequently married Rachel. When that marriage occurred is not obvious. Rachel's last name is commonly given as "Cloud", and she is usually identified as the daughter of a William Cloud. Its possible that margaret died in Fulwell, and that Henry married Rachel shortly thereafter. While we have a solid basis for the DOB's of the first six children, in the form of their baptismal records, good supporting evidentiary data for the DOB's of the remaining children. DOB's currently used are simply what is reported without supporting evidence in Source:Harry, Windle, and Hayes, 1906. If ignore children for whom we lack a solid documentary basis for their identification as children of Henry (5), there seems to be a gap in the DOB's of the children between 1700 and 1706. This could be the period in which Margaret dies, and Henry remarries. Since the eldest of the children would have been no more than 13 at the time of arrival in America (before 1705), it seems likely that if Henry's wife had died prior to 1705, that he would have remarried before leaving England.

On the other hand, the child birth record may be incomplete, or the postulated children born c 1701 and c1702, may in fact be Henry's children. One reason the birth record might be incomplete could be that Henry and his family may have become Quakers. As a result, any children born after 1696 would not have been baptized in the parish church as Selsbury. Alternatively, they may just not have had any children over this period. In any such case there's no significant break in the children record to suggest that Margaret has died. In this interpretation, perhaps Margaret died in the New World, and Henry remarried after arrival here.

While Rachel's last name is commonly given as "Cloud" we do not know what that is based on. We do know, however, that there was a family of Clouds living near what is now known as Unionville in the same area as Henry owned land. In addition, several of Henry's children married into the extended Cloud family. This is consistent with the idea that Henry married Rachel after arrival in the new world.

3. Isabella---We know that Rachel was alive until at least 1729. When Henry wrote his will in 1745, he identifies his wife as "Isabella", indicating that Rachel died between 1729 and 1745.

Land

From:Thomas, 1905

The first warrant for survey of the land was as follows:

Pennsylvania SS.
By the Commissioners of Property. At the request of Henry Hayes lately arrived in this Province That we would grant him to take up five hundred acres of land being one moiety of a thousand acres Originally Purchased of the Proprietor by Richard Hanns These are to Authorize and Require thee to survey to the said Henry Hayes the said quantity of five hundred acres of Land in the County of Chester where not already surveyed nor take up nor conceled nor seated by the Indians, And make Returns into the General Surveyor's Office at Philadelphia where this Warr't is to Remain and a Copy thereof to be deliv'd to thee certified by the Secretary. Given under our hands and Seal of the Province at Philadelphia the 3d day of September 1705.
To Isaac Taylor, Surveyor Edw'd Shippen of the County of Chester Griffith Owen James Logan
A true Copy * James Logan Secry."

The second warrant was similar in form and bore date 11th month 28th, 1705.

Under the first warrant Henry Hayes obtained a survey of 384 acres of land on the west branch of the Brandywine, just south of Coatesville, and described as being in Caln, but now in East Fallowfield Township. Part of this tract is still owned by one of Henry Hayes's descendants, H. Preston Baker.

By the second warrant a tract of 600 acres was located in East Marlborough, including at its southeast Corner the greater part of Unionville. Adjoining this to the northwest 500 acres were added by the last warrant, making 1100 in Marlborough and 384 in East Fallowfield, or 1484 in all as mentioned in the patent.

In right of the original purchase of Richard Hands he was entitled to/a lot in the city of Philadelphia, but this being assigned to him near the Schuylkill he gave it up and purchased one of 33 feet front on the south side of Market Street, beginning at the distance of 184 feet from Third Street. He was also entitled to 20 acres, out of the 1000, as a pasture lot in the so-called "Liberties" or outskirts of the city. Under his first warrant a survey of 16 acres was made in what is now West Philadelphia; but this he conveyed, Dec. 3, 1708, to John Powell for £8.

Alltogether, Henry obtained a total of 1484 acres. This included

• 384 acres in on the west branch of the Brnadywine, south of Coatesville, in modern East Fallowfield Township
• 600 acres at what is now known as Unionville, in East Marborough
• 500 acres joining the Unionville tract
• 16 acres of horse pasture in the liberties
• a town lot on Market street between third and fourth streets in Philadelphia.

Civic

Footnote

1. ↑ Baptismal date
   Our English Ancestors and a Visit to their Homes, J. Caroll Hayes, 1905
2. ↑ Specific dates for Henry's baptism is given in online genealogies. Some of his children also are given specific DOB's. Such dates may imply that there are original source records underlying at least some of them, perhaps including his marriage to Rachel. His birth and marriage records are plausibly to be found in the parish records for nearby All Staints Church in Spelsbury. It would be helpful to provide citations to the specific underlying records.
3. ↑ A husbandman in England in the medieval and early modern period was a free tenant farmer or small landowner. The social status of a husbandman was below that of a yeoman. The meaning of "husband" in this term is "master of house" rather than "married man". Wikipedia:Husbandman. As a "carpenter", Henry Hays would have been of slightly lower class compared to Richard Hounds.
4. ↑ Old Style dating, in which March 1 marked the New Year, and December was the tenth month.
5. ↑ Probably taken from: Proceedings of the Bicentennial gathering of the descendants of Henry Hayes at Unionville, Chester County, Pa., September 2nd, 1905, Author: Harry, Stephen C. Publication: 1906. [Need a reference to the location of the original document.
6. ↑ The original text in the land record gives

   The Proprietary, by Lease and Release, dated nth and 12th 8ber (October) 1681, Granted To Richard Haunds, of Swanford, in the County of Oxon, husbandman, 1,000 acres of Land in this Province, to Hold, &c.

   That is taken to be modern Swinford, Oxfordshire, though in the same area there is also a "Swinton".
7. ↑ It may be of some interest that his home was on Market Street, between third and fourth streets, the same block where Benjamin Franklin would later make his home.
8. ↑ The land in question is from Henry's original land acquisitions, which probably means that Rachel had to agree to the transfer, as these would have been recognized as her "dower rights".

land Notes

From:Title: Proceedings of the Bicentennial gathering of the descendants of Henry Hayes at Unionville, Chester County, Pa., September 2nd, 1905, Author: Harry, Stephen C. Publication: 1906 Page: p. 18

Henry Hayes, a carpenter of Fullwell, County Oxon, England, purchased on "13 and 14 days of 10ber," in 1700,1,000 acres in the Province of Pennsylvania from Richard Haunds (or Hands) to whom the land had been originally granted by William Penn in 1681. Hayes came to Pennsylvania in 1705 and obtained a warrant on September 3,1705 for 500 acres of the 1,000 acres contracted for. In this transaction, it was noted that he had "lately arrived inthis province." In 1717, he received a patent for the whole of his purchases, including an additional purchase on hisown account, now totaling 1484 acres, dated "5th 9ber, 1717." This expanse of land was in Calne and Marlboroughtownships, Chester County, Pennsylvania, on the west branch of Brandywine Creek, just south of the present town of Coatesville. Other lands included all the present site of Unionville, Pennsylvania.

Public Office Notes

From:Title: Proceedings of the Bicentennial gathering of the descendants of Henry Hayes at Unionville, Chester County, Pa., September 2nd, 1905, Author: Harry, Stephen C. Publication: 1906 Page: p. 18

Henry Hayes was a Justice of the Peace, and of Common Pleas, for several years; a member of the Pennsylvania Assembly (colonial legislature) in 1715, 1716, 1728 and 1730' and, a member of the Friends (Quaker) Meeting.

from: HISTORY: PA Archives Series 2: Vol. IX: Part II: Section 4: List of Officers of the Colonies on the Delaware and the Province of Pennsylvania, 1614-1776.

Section 4: Provincial Officers of the Three Original Counties, Chester, Philadelphia, and Bucks, 1682-1776.

List of Officers of the Colonies on the Delaware and the Province of Pennsylvania.

Justices of the Peace.

Jonathan Hayes, 1692

Jonathan Hayes, May 13, 1693

Jonathan Hayes, Sept. 25, 1703

Richard Hayes, May 30, 1715

Henry Hayes, 1717

Richard Hayes, Aug. 25, 1726

Richard Hayes, Feb. 19, 1729-30

Henry Hayes, Feb. 19, 1729-30

Richard Hayes, Nov. 22, 1738

Henry Hayes, Nov. 22, 1738

Henry Hayes, April 4, 1741

Assembly.

Jonathan Hayes, 1689

Jonathan Hayes, 1697

Richard Hayes, 1704

Richard Hayes, 1706

Richard Hayes, 1707

Richard Hayes, 1708

Henry Hayes, 1715

Henry Hayes, 1716

Richard Hayes, 1717

Richard Hayes, 1718

Richard Hayes, 1726

Henry Hayes, 1728

Richard Hayes, 1729

Note 2

Note: Family History Library Salt Lake City, UT 84150 USA Ancestral File

"Henry Hayes,1705--1905..."Page 3: In 1705 Henry Hayes, of the village of Fulwell,Oxfordshire, England, came with his family to Pennsylvania, and on September 3rd of that year made application to Penn's Commissioners of Property to take up land in the new province, a grant of which he had already received in England.

(1) Large copy of Patent from William Penn to Henry Hayes, dated September 17th, 1718, for 1484 acres of land in Caln and Marlborough townships, Chester County.

(2) The original marriage certificates of William Hayes, oldest son of Henry, and those of his son Mordecai, the latter's son Mordecai, and the latter's sonJacob,--four generations in direct line. That of William Hayes is dated 11th month 19th, 1725-6, and bears the signature of Henry Hayes as one of the witnesses. (In possession of Wm. M. Hayes, West Chester, Pa.) * See copy of this marriage certificate, page 81.{of Henry Hayes book]

(3)Several old deeds bearing acknowledgements taken before Henry Hayes as Justice of the Peace.

(4) Photographs of the site of the original Henry Hayes log house, in the northeast portion of the tract; of the old Thomas Hayes house and interior (still standing); of the old Drovers' Tavern on the original William Hayes Tract; and of the old Mordecai Hayes house and interior in Newlin Township.

(5) Photograph of Henry Hayes Will, also of the Inventory of his estate, and of the Executors' Account of its administration.(6) Several early drafts of Marlborough Township and vicinity, showing original property lines. (Belonging to W. Marshall Swayne, Kennett Square, Pa.)

Note 3

Page 7: Historical Sketch, by Miss Martha Brinton Thompson.

At an early period in the history of Pennsylvania, while William Penn was Propietor in Chief of the Province,and Queen Ann ruled in the British Empire, our ancestor, Henry Hayes,then of Fulwell, in the County of Oxon (Oxfordshire), England, arrived in America, and received in September of the same year, 1705, the first warrant for his large estate.As we look back over the years and picture him as one prominent both in county and province, holding high offices of responsibility, we may well feel proud to be the descendants of such a man. In the minutes of William Penn's Commissioners of Property, under date of 7 mo. 3d, 1705, we read as follows: "The Proprietary, by Lease and Release, dated 11th and 12th 8ber (October) 1681, Granted To Richard Haunds, of Swanford, in the County of Oxon, husbandman, 1,000 acres of Land in this Province, to Hold, &c. The said Richard Haunds, by Indenture of Lease and Release, bearing date the 13 and 14 days of 10ber (December)1700, Granted the said 1,000 acres of Land to Henry Hays, of Fulvell, in said County, Carpenter, to Hold, &c, (who) requests Warrant to Take up some 500 acres and a Lott and Liberty Land Appurtenant to the Purchase aforesaid. The Lotts Lye on Schuylkill Side. "28th 11 mo. 1705: "Henry Hayes desiring a Convenient Lott to build On has Pitcht on a vacancy of 33 foot between 3d and 4th Streets on the South side, belonging to Rich'd Hound's 1,000 acres, and pays 15 pounds to the Prop'ry with all Other Charges, let his Pat. be dispatched without delay, he's given fullSecurity." (The minutes omit to state on this date Henry Hayes received a warrant for the remainder of his 1,000 acres.)

10th of 4th mo. 1713 "Henry Hayes of Chester County, desiring to purchase a Vacant Tract of Land lieing between the Tract laid out to the old Society of Traders and Hilltown, on the North of Abiah Taylor's land, of which Isaac Taylor, by his Letter gives but a mean acco't, as being barren, &c. He agrees with the Secretary to give Twelve Pounds Ten shillings pr. Hundred, to be paid in three months, and a Warrant is signed, dated the 22d Instant."4 mo.1718: "Signed a Patent to Henry Hayes, of the County of Chester, for 1,484 acres of Land in the Township of Caln and Marlborough, in the said County, 1,000 acres where of is Richard Hand's Original Purchase, the other 484 acres he now pays 66 pounds, 13s, 4d, dated the 5th 8ber 1717."(Should be the 25th.)The first warrant for survey of the land was as follows:Pennsylvania SS.By the Commission of Property.At the request of Henry Hayes lately arrived in this Province That we would grant him to take up five hundred acres of land being one moiety of a thousand acres Originally Purchased of the Proprietor by Richard Hanns These are to Authorize and Require thee to survey to the said Henry Hayes the said quantity of five hundred acres of Land in the County of Chester where not already surveyed nor take up nor conceled nor seated by the Indians, An make Returns into the General Surveyor's Office at Philadelphia where this Warr't is to Remain and a Copy thereof to be deliv'd to thee certified by the Secretary. Given under our hands and Seal of the Province at Philadelphia the 3d day of September 1705.

To Isaac Taylor,Surveyor Edw's Shippenof the County of Chester Griffith Owen James Logan A true Copy James Logan Secr'y.

"The second warrant was similar in form and bore the date 11th month 28th, 1705.Under the first warrant Henry Hayes obtained a survey of 384 acres of land on the west branch of the Brandywine, just south of Coatesville, and described as being in Caln, but now in East Fallowfield Township. Part of this tract is still owned [1905] by one of Henry Hayes's descendants, H. Preston Baker. By the second warrant a tract of 600 acres was located in East Marlborough,including at its southeast corner the greater part of Unionville.Adjoining this to the northwest 500acres were added by the last warrant, making 1100 in Marlborough and 384 in East Fallowfield, or 1484 in all as mentioned in the patent. Page 9In right of the original purchase of Richard Hands he was entitled to a lot in the city of Philadelphia, but this being assigned to him near the Schuylkill he gave it up and purchased one of 33 feet front on the south side of Market Street,beginning at the distance of 184 feet from Third Street. He was also assigned to 20 acres, out of the 1000, as a pasture lot in the so-called "Liberties" or outskirts of the city. Under his first warrant a survey of 16 acres was made in what is now West Philadelphia; but this he conveyed,Dec. 3, 1708, to John Powell for 8 pounds.

One of the first public services to which he was called was to lay out a road from John Renthrow's, in Londongrove, probably near the present Chatham, by way of Avondale and Kennett Square to the Anvil Tavern. This was located on the 14th of February, 1707.

On Nov. 28, 1710, he was appointed supervisor of roads in Marlborough, but at that time roads were very few.

Henry Hayes was commissioned a justice of the Quarter Sessions, Common Pleas and Orphans' Court, August 26, 1717, and continued by re-appointment at several times until his death.

In that day there were about eighteen justices in commission at one time, and seldom more than half of them attended a particular session.

In 1741 Gov. George Thomas informed his Council of a report by letter from John Penn, "that the Court at Chester had set aside a man from the Jury for declining to take the affirmation, and insisting to be qualiefied as a Juror by Oath; and in which Letter Mr. Penn had strongly recommended to the Governor to appoint a Majority of such Magistrates in every County as would not scruple to take or at least to Administer an Oath, that equal and impartial justice might be done to all men."

No evidence has been discovered to show that Henry Hayes was in membership with the religious Society of Friends, and it is not probable that he was opposed to administering oaths. Some of his children joined with Friends, being doubtless enticed within the fold by persons of the opposite sex.

He was elected a member of the Assembly in the years 1715 and 1716, and again in 1728 and 1730, but of the political questions of the day or his attitude towards them, we are not informed.

Prior to the year 1729 Chester County occupied the southeastern part of the province of Pennsylvania, and was limited to the westward only by the extent of the settlements. The county seat was at Chester, on the Delaware, quite distant from many of the citizens. At a meeting of the Provincial Council, Feb. 6th, 1728-9:

[There follows a segment regarding a petition to divide the county] Page 10It is now [1728-9] fifty years since the arrival of William Penn and his division of the province into the three counties of Chester, Philadelphia and Bucks; the matter was of great importance and after some discussion it was referred to the following day for further consideration, at which time it was resolved: [There follows another segment, a portion of which is here excerpted ]

Feb. 20th: "The Governour informed the Board that pursuant to the Resolve of last Council he had acquainted the House of Representatives with his Intention to Erect the upper part of the County of Chester into a separate County, in which they had concurred, & desired that an equal Number of the Inhabitants of the Lower & Upper Part might run the Division Line: And therefore he was now to recommend to the Board to chuse fitt & well qualified Persons for that Service, & to consider of proper Directions for their Guidance therein: And after due Consideration thereof Tis ordered that Henry Hayes, Samuel Nutt, Samuel Hollingsworth,Philip Taylor, Elisha Gatchel, James James, John Wright, Tobias Hendricks, Samuel Blunston, Andrew Cornish, Thomas Edwards & John Musgrave, or the Major Part of them, calling to their Assistance JohnTaylor, the Surveyor of Chester County, meet at some convenient place near Octeraroe Creek or River, & cause a mark'd Line to be run from the northerly or main Branch of the said Creek Northward….

"

On May 2d,1729, a return was made to the above order, signed by all the commissioners except Samuel Nutt, representing that on the 17th of March they had located such a division line by course and distance; whereupon the report was confirmed and the name of Lancaster given to the new county. That Henry Hayes was the first named on this commission is evidence of his high standing in the community.

N0te 4

[Here inserted a segment of the History of Lancaster County, Pennsylvania, as found on

See also:Internet Archive

Ancestry.Com]

History of Lancaster County, Pennsylvania, with Biographical Sketches of Many of its Pioneers and Prominent MenChapter IV. Pioneer Settlements--Erection of the County--Establishment of the County-Seat

Upon this petition the board resolved "that, as well for the reasons set forth in said petition as the security, peace, and good order of the whole government, there doth appear a real necessity that a new county should be erected according to the prayer of said petition, and although the power of erecting counties is wholly vested in the Proprietary, and therefore in the Governor as his Lieutenant, yet,inasmuch as this will require the establishment of Courts of Judicature, with other alterations for which a due provision will best be madeby a law, it may be convenient that the Governor should acquaint the House of Representatives, now sitting, with the application made to him, that the same may be carried on with and strengthened by the joint and unanimous concurrence of the whole Legislature. "Accordingly, the Governor "acquainted the House of Representatives with his intention to erect the upper part of the county of Chester into a separate county. "The House concurred, and desired the Governor to appoint a commission to run a division line to be described inthe proposed act of erection.Therefore the Governor and Council appointed twelve commissioners, who were to be assisted in running the line by John Taylor, Esq., surveyor of Chester County. The commissioners so appointed were Henry Hayes. Samuel Nutt, SamuelHollingsworth, Philip Taylor, Elisha Gatchel, James James,John Wright, Tobias Hendricks, Samuel Blunston, Andrew Cornish,Thomas Edwards, and John Musgrave, the last-named six being residents within the territory of the proposed new county, and the others citizens of that part of Chester lying east of the Octorara. The Governor could not have made a better selection of men to compose the commission. Several of them were practical land-surveyors, and nearly all of them were in commission as justices of the peace. Some of them were members of the Legislature, and each and every one was an honest and reputable citizen. Page 12 The first surveys of land in Marlborough were made about 1701, along what is known as the "Street Road," and it is doubtful if any person had settled here prior to this date. The earliest tax list preserved is for the year 1715, at which time there were but twenty-six landowners assessed in the territory comprised in the two Townships of East and West Marlborough, and of these at least three were non-residents. Joseph Pennock was the largest taxpayer, and Henry Hayes came next. It may be safely assumed that very few of the settlers preceded Henry Hayes. At his coming this region was comparatively a wilderness, and if not all covered with woods was at least destitute of roads and bridges. Wheeled vehicles were almost unknown, and while a horseman might find his way in almost any direction, yet as people began to fence their fields to protect their crops, it became necessary to have legally established highways. Here is inserted the 1715 list of taxables of East Marlborough, Chester County, Pennsylvania. East Marlborough was formed from division of Marlborough township, which had first been organized in 1704. The taxables from 1715 for the original township are shown Richard Barnard, Walter Cox, Gayen Stevenson, John Ebernethe, John Simcock, Robert Jones, Caleb Pusey, John Smith, Thomas Wickersham, Thomas Mercer, Richard Blackshere, Vincent Caldwell, Joshua Pearce, Mordecai Cloud, Jeremiah Cloud, Joel Bailey, Henry Hayes, Joseph Pennock, Richard Travello, John Martin, Frances Swaine, Thomas Nixon.Non-resident lands Joshua Cadman, Joseph Pike, Peter Bainton [Brinton?], James Travello Freemen John Heath, John Hayes. What is known as the "Street Road" was provided for by the original survey of the lands fronting thereon, it being William Penn's plan that each township should have a street running through the middle thereof, but in this case the road was not opened and clearly marked in all parts, and in later years this caused much dispute. On August 28, 1716, Henry Hayes and others were appointed to view and definitely locate a part to the eastward and westward of Londongrove Meeting, but James Treviller entered a complaint against this report, and a new jury was appointed, who disagreed and left the matter unsettled for the time. Page 13 Henry Hayes and Rachel his wife executed deeds to their sons as follows

To Richard, Sept. 2, 1729, for 177 acres

To William, Sept. 10, 1729, for 100 acres

To Joseph, same date, for 177 acres

To Thomas, May 15, 1732, for 177 acres 125 perches

To Stephen, Oct. 25, 1736, 177 acres

To James, September 3, 1735, the 384 acres in Fallowfield

They may have conveyed another portion to their remaining son, John, but the deed has not been found. Some land was sold to William Harper, and 177 acres remained in the homestead till the death of Henry Hayes.

Vita

Name: *Henry Hayes

Sex: M

Birth: 23 MAY 1667 in Spelsbury parish,Fulwell,England

Death: 30 DEC 1745 in Chester Co,Pa

Note: Occupation: Justice of the Peace & of Common Pleas for several years Pennsylvania

Note: Occupation: Member of the Pennsylvania Assembly (Colonial Legislature) 1715, 1716, 1728 & 1730 Pennsylvania

Note: Religion: Member of the Friends (Quaker) Meeting Pennsylvania

Note: Occupation: Carpenter Fulwell County,Oxon,England

Note: Will: 1 Apr 1745 East Marlborough Township,Chester County,Pennsylvania

Note: Will: 30 Dec 1745 Will Proved,East Marlborough Township

Father: *Richard Hayes b: ABT 1650 in Fulwell,Speisbury,Oxon,England

Mother: *Margaret b: ABT 1652

Name: Henry Hayes

Title: Husbandman

Description: Decedent

Residence: East Marlborough

Date: 1 Apr 1745

Prove Date: 30 Dec 1745

Book Page: B:195

Remarks: Henry Hayes of E. Marlborough. Husbandman. April 1, 1745. December 30, 1745. B. 195. To wife Isabella Ð200 ""if she delivers that paper to my executors which I signed to her before my marriage."" To son John Ð20. To son William 1 shilling. To son Stephen Ð10. To daughters Mary and Joanna 1 shilling each. Remainder of real and personal estate to daughters Margaret, Elizabeth, Anne, Rachel, Ruth and Lydia. Margaret to have Ð20 more than the others. Executors: sons Joseph and James. Witnesses: Jonathan Jackson, George Carson.

Death: 1745/1746 in Chester County,Pennsylvania

Christening: 23 May 1667 Speisbury,Oxfordshire,England

Occupation: Justice of the Peace & of Common Pleas for several years Pennsylvania

Occupation: Member of the Pennsylvania Assembly (Colonial Legislature) 1715, 1716, 1728 & 1730 Pennsylvania

Religion: Member of the Friends (Quaker) Meeting Pennsylvania

Occupation: Carpenter Fulwell County,Oxon,England

Father: Richard HAYES b: Abt 1650 in Fulwell,Speisbury,Oxon,England

Mother: Margaret UNKNOWN