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

At an early period in the history of Pennsylvania, while William Penn was Proprietor 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 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. The said Richard Haunds, by Indenture of Lease and Release, bearing date the 13 and 14 days of iober (December) 1700, Granted the said 1,000 acres of Land to Henry Hays, of Fullvell, in said County, Carpenter, to Hold, &c, (who) requests Warrant to Take up 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, for which he resigns his 2 Lotts On Schuylkill side, belonging to Rich'd Hound's 1,000 acres, and pays £15 to the Prop'ry with all Other Charges, let his Pat. be dispatched without delay, he's given full Security." (The minutes omit to state on this date Henry Hayes received a warrant for the remainder of his 1000 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 whereof is Richard Hand's Original Purchase, the other 484 acres he now pays £66, 133, 4d. dated the 5th aber 1717." (Should be the 25th.)

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 Cain, 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.
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 qualiefid 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 Assembly in the years 1715 and 1716, and again in 1728 and 1730, but of the political questions of that 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:

"A Petition of the Inhabitants of the upper parts of Chester County was laid before the Board and read, setting forth, that by reason of their Great Distance from the County Town, where Courts are held, Offices are Kept, & Annual Elections made, they ly under very great Inconveniences, being Obliged in the Recovery of their just Debts, to travel near one hundred miles to obtain a Writ; that for Want of a Sufficient Number of Justices, Constables & other Officers, in those parts, no Care is taken of the high ways; Townships are not laid out, nor Bridges built where there is an apparent Necessity for them; & further that for Want of a Goal there several Vagabonds & other dissolute People harbour among them thinking themselves safe from Justice in so remote a Place; And therefore praying that a Division Line be made between the upper and lower part of the said County, & the upper part thereof Erected into a County, with all the immunities, Rights & Privileges which any other County of this Province does now Enjoy."

It was now 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:

"That, as well for the Reasons set forth in the said Petition, as the Security, Peace & good Order of the whole Government, there doth appear a real Necessity that a new County should be Erected, according to the Prayer of the said Petition; And Altho' the Power of Erecting Counties is wholly vested in the Proprietary, & therefore in the Governour, 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 made by a Law, It may be convenient that the Governour should acquaint the House of Representatives now sitting, with the Application made to him, that the same may be carried on with & strengthened by the joint & unanimous Concurrence of the whole Legislature."
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 John Taylor, 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 most northerly or main Branch of the said Creek Northward, or to the East or West thereof, as it shall be found most convenient, to the next high Ridge of barren or uninhabited Hills that trend from thence to Schuylkill River, keeping as near as may be to the Ridge of the said Hills, and to proceed along the Ridge thereof, yet with as few Changes in the Course as their Situation will admitt, and fixing the same to the most conspicuous natural & durable Marks, that may be the least subject to Uncertainty or Variation: to be Bounded Southward by the Southern Bounds of the Province, & Eastwardly by the said Octeraroe Creek; and from thence the Northern Line to be by them run as aforesaid, to the said Hills, from thence the main northern or easterly Branch thereof above the Forks of the said River, to lie open to the Westward and Northward till further Order shall be given therein; And to make Report of their Proceedings to this Board."

On May2d, 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.
Pennsylvania was the most successful of the proprietary colonies, and rapidly became the richest and most thickly populated. The frame of government provided for a Governor, a Deputy Governor to be appointed by the Proprietor, and a Council and Assembly to be elected by the freemen. The Council had the sole right of originating legislation. To it was given the execution of the laws, the establishment of courts of justice,'the preservation of the peace, and the duty of upholding the constitution. The Assembly had the right to approve or reject bills, and to propose amendments to measures adopted by the Council.
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.
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.
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, l72>6, iyy 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.
Will of Henry Hayes.
The first day of Aprile in the Year of our Lord one Thousand seven hundred and fourty five I Henry Hayes of East Marlborough in the County of Chester and Province of Pensilvania Husbandman Do Make Constitute and ordain This my Last will and Testament that is to Say: I Give dispose and bequeath as in forme and Manner folloing.
Imprimis. I give Vnto My son Joseph Hayes & my son James Hayes Whome I Likewise Constitute Make and Ordain My only and Sole Excetors of this My Last Will and Testament of all and Singular my Goods And Chattels Whatsoever that are or Shall bee found belonging or appertaining to Mee Except what Shall bee hearafter Excepted and Specefyed to bee Given.
Item. I Give to my Wife Isabella Two hundred pounds, to bee paid by my Exetors one year after My Deceas iff Shee Delivers that Paper too my Exeters which I signed to her before marriage and Do not take nor Convey away Nor Conscent to bee taken and Conveyed away any of the Household Goods Nor any other thing whatsoever belonging to mee without the Consent of my Exeters.
Item. I give to my son John Twenty pounds: I give to my son William one shilling. I give to my son Stephen ten pounds to be paid att any time when my Executors thinks proper. I give to My Daughter Mary one Shilling. I give to my Daughter Joanna one shilling and I also Give to my Executors five pounds apiece: And all the remaining part of my Rail and personal Estate after Just Debts and funerall Expences bee paid Except What is before Expresed too bee Given I Give to be Equally Divided between my Daughter Margaret & my Daughter Elizabeth: & my Daughter Anne & my Daughter Rachel and my Daughter Ruth and my Daughter Lydia and I also Give to my Daughter Margaret Twenty Pounds More than Either of my Daughters above Mentioned and my Daughter Rachel have had Seventeen pounds Twelve shillings and six pence which I order to bee Deducted out of her share: & my Daughter Lidia have had fifty pounds which I order to bee Deducted out of her share: and I also order my personal and Real Estate to bee Sold by my Executors att any time after my Deceas: and the money of all my Personall and Real Estate to bee Immediately paid According to the Derection of this my Last Will and Testament. And I Do Impower my Executors to Defend my Estate by Law or otherways, and the Cost to bee paid out of my Estate and further more I Do alow this and no other to t>ee my last Will and Testament in witness whereof I have hereunto set my hand and Seal the Day and Year above Written.
HENRY HAYES (Seal)
Signed published Delivered and pronounced
by the afforesaid Henery Hayes to bee his Last Will and
Testament in the Presence of us the Subscribing Witnesses Viz

Jonathan Jackson

George Carson.

The foregoing will, which was probably written by Jonathan Jackson, was duly proved by the witnesses on the 30th of December, 1745. An inventory of the estate was taken on the 5th of nth Mo. (January), 1745-6, by Aaron Baker and William Harlan, and amounted to £726: 7s, including the plantation of 177 acres, valued at £250.

There is reason to believe that the last wife of Henry Hayes was comparatively a young woman. One Isabella Hayes, widow, purchased 208 acres of land in Salisbury Township, Lancaster County, March 8, 1746-7. She married Andrew Caldwell, of Leacock, and by him had sons Andrew, Robert, Charles and John Caldwell. Andrew, the father, was a widower in Londongrove Township in 1760, married a second wife, Jane, and died in Lancaster County in 1768.

Ancestry of Henry Hayes

Before taking up the subject of the posterity of Henry Hayes let us consider some evidence bearing on his ancestry. During his recent visit to England, some investigations were made by Gilbert Cope to this end, and while the result was not positively conclusive, there is a strong probability that the father and grandfather have been discovered.* The name is not very frequent in Oxfordshire, and only about a dozen wills of members of the family are to be found in the century and a half preceeding the emigration of our settler to Chester County. The substance of two of these is here given, with the remark that the search was by no means exhaustive:

Abstract of the Will of Henry Hayes (written Heis by an amanuensis), of Epwell, in Oxon, taylor, dated 22d of May 1633:

To be buried in the church or churchyard of Swacklieffe in the said county: To daughter Elizabeth Heis 40 shillings, to be paid on the 3d of May next; also a bedstead, a wooll bed, three sheetes, a bed healing, a towell, a pillow beare, a great kettle, a brasse pot, a brasse ffryingi pan, Two pewter platters, a pewter Sawcer, a brasse Candle sticke, Table board, a Cubbord, an old which & two Coffers.
"I give and bequeath my whole Tenement with the appurtenances in Swackliffe aforesaid to my son Richard Heis & to his heires forever uppon this Condition that he his heires executors and administrators or some of them shall pay or cause to be payed to my aforesaide daughter ffive pounds of Current English money at my decease if my saide daughter be then lyving." Also to Richard my malt mill to remain in said Tenement.
Wife Isabell to have a home, &c; also to be the residuary legatee and executrix.
God-daughter Margery Jefkins.
Overseers, my honest neighbours John Aulcox and Simon Skilman of Epwell. Witnesses. Philip Welles, Simon Skilman.
This will was proved at Chipping Norton, 1st of April, 1635. This inventory amounted to £31: 10: 8.
Will of Richard Hayes.
Memorandum that on or about ye twenty third day of June Anno Dni. one thousand six hundred seaventy six Richard Hayes of ffulwel in ye County of Oxon late dec'd being of sound memory and under

For confirmation of this theory see page 26.

standing and having an intencon to make his will and to dispose of his Estate did in ye presence & hearing of Wm. Paine make and declare his last will and Testament nuncupative or by word of mouth in manner and forme following viz't, hee gave and bequeathed to his two daughters three score pounds apiece and hee gave unto his son so much money as would take his liveing and stocke it And all ye rest of his Estate he gave and bequeathed unto his wife and nominated her sole Executrix of this his last will & Testament nuncupative. All w'ch words or the like in effect were uttered & declared in ye presence of ye aboves'd Wm. Paine who in witness hereof hath hereunto Subscribed his name. Sig. W. Guliel. Paine."

The probate of this will in abbreviated Latin, is dated 3d of July, 1676. A blank occurs where the widow's name should appear.
This is the only testator who is described as of Fulwell, and it is unfortunate that the writer of the will did not give the names of his wife and children. On the supposition that he was the son of Henry Hayes, of Epwell, he would probably name his son Henry. The will is not recorded.
"An Invintary of the goodes and Chattelles of Richard Hayes of ffullwell husbandman deceased the 24 day of June 1676: Taken by Staven South Roger Boox and francis Ryman the forst of July 1676 in manner following:
[table]

Item Croop one the groonde 15 - o - o

Item Wood in the backeside and other lomber about the

house 3 - 1 - 6

Item Mony Lent out one bond in desperrat dettes 91-0-o

The whole Some is 160- 4-4

The handes of them that praised it

Steven South his S marke

Roger Box

ffrancis Ryman"

Descendants of Henry Hayes. In the absence of the family record, the children of Henry Hayes cannot be given in the order of age. It is supposed that Rachel was the mother of all,* and there were at least sixteen of them.

1. Henry, died unmarried in 1717, and his brother Richard administered to his estate.

2. William, married 11 mo. 19, 1725-26, at Londongrove Meeting, Jane James, born 9 mo. 28, 1707; daughter of George and Ann (Woodward) James, of Springfield. They settled on land given him by his father, but

about 1764 appear to have removed to or near Wilmington, where Jane died, and he returned the following year. He died about the year 1783.

3. Richard, married Mary , and settled in West Marlborough, where he died in the winter of 1742-3. His widow married a second husband, Welch.

4. Joseph married in 1724 Elizabeth Cloud, supposed

daughter of Jeremiah and Elizabeth Cloud, but her married life was brief. He was aerain married 8 mo. 26, 1727, at Bradford Meeting, to Jean Woodward, daughter of Richard Woodward, of Bradford. He settled on land given him by his father, where he died in 1748. His widow married in 1750 William Wickersham, of Newlin, whose first wife was Joseph's sister.
Margaret was the mother of the older children. See page 26.

5. Thomas married 10 mo. n, 1734, at Kennett Meeting, Mary Kirk, of Christiana Hundred, New Castle County, widow

of Alphonsus Kirk, Jr., and daughter of Thomas and Mary Nichols. They settled on land given him by his father, in East Marlborough, where he died in the winter of 1738-9. His widow married Jonathan Jackson, Oct. 3, 1743, son of Thomas and Ann Jackson, of West Marlborough, and they had children Mary, Thomas, Sarah, Ann, Elizabeth and Ruth. Jonathan purchased the Henry Hayes homestead, his descendants intermarried with those of Henry Hayes, and are prominent among our citizens.

6. Stephen, married in 1734, Sarah Hope, daughter of

John and Elizabeth Hope, of Kennett. They settled on a part of his father's land, here at Unionville, but conveyed this, April 15, 1743, to John Jackson, who was probably the first storekeeper at this place. Stephen died in Fallowfield in 1758.

7. James, married about 1736, Mary Cox, daughter of Thomas and Sarah Cox, and settled in East Fallowfield,

where he died in 1758. In 1764 his widow was assessed with 268 acres of land, 12 cattle, 3 horses and 8 sheep.

8. John, perhaps died unmarried. A person of this name was

supervisor in 1750 and the next year filled the office of constable and overseer of the poor. In that day all citizens were expected to take their turns in these duties. About 1754 a John Hayes settled in Oxford Township and died there in 1766, leaving a widow, Margaret, and children, David, John, Mary, Elizabeth, Hannah, Ann and Margaret. The village of Hayesville derives its name from this family.

9. Mary, perhaps married Robert Hannum, son of John Hannum, of Concord. Mary, wife of Robert Hannum, died Nov. 6, 1749, and he

Feb. 26, 1759. In 1763 their daughter, Elizabeth, petitioned for a guardian, and Henry Hayes was appointed.

10. Joanna, doubtless married, but to whom is unknown.

11. Margaret, married Zachariah Butcher, son of Edmund Butcher, of Birmingham. He was a surveyor and died in East Nottingham, 1755, leaving children, Mary, Elizabeth, Margaret (married Collett), Susanna (married Samuel Passmore), Rachel (married Robert Oldham), Hannah, and Sarah (married Day).

12. Elizabeth, married William Cloud, son of Jeremiah and Elizabeth Cloud, of Brandywine Hundred, where he died 1748, and she in February 1749-50. They had children, Henry, Jeremiah, Daniel, William, Mordecai, Joseph,

Margaret, Elizabeth (married Robert Booth), and Mabel (married Lazarus Askew).

13. Anne, married Hugh Sidwell, son of Hugh and Elizabeth Sidwell, of West Nottingham. He died

in 1740, and she married Robert Morgan, of the same place, who died in 1754. By the first she had nine children, as follows: Henry, born 1720, married Ellen Huff and Margaret Hagan; Richard, born 1723, married Anne Job; Hugh, born 1725, married Anne Haines; Abraham, born 1727, married Charity Harris; Isaac, born 1729, married Anna Brown; Jacob, born 1732; Ann, born 1734, married Jeremiah Sargeant; Joseph, born 1736, married Rachel Midcalf; Mary, born 1739. By her second husband she had daughters Sarah and Susanna Morgan.

14. Rachel, married 3 mo. 26, 1730, at Kennett Meeting, to William-Wickersham, son of Thomas and Alice Wickersham, of East Marlborough, born 2 mo. 3, 1706; died in Newlin Township,

11 mo. 1788. He married 2dly Jane Hayes, widow of Joseph, and 3dly Elinor, widow of Abraham Parker, in 1764. By the first he had eight children: Rachel, m. Francis Fisher, 1753; Lydia, m. John Baily, 1753; Hannah, m. Joel Baily, 1757; Ruth, m. John Marsh, 1758; Abigail, m. Thomas Windle, 1765; William, m. Elizabeth Pusey, 1764; Peter, m. Kezia Parker, 1773; Alice, m. Joseph Passmore, 1774.

15. Ruth, married, after her father's death, to Heaney, as mentioned in the will of her brother, James Hayes.

16. Lydia, married 12 mo. 3, 1741, to Thomas Nichols, of Christiana Hundred, New Castle County, where she died 7 mo. 24, 1800. She had children, Isaac, Rachel, Mary, Dinah, Thomas, Eli,

Henry, Amor, Judith and Daniel. Of these Judith married Jacob Bennett, of Birmingham, and Daniel married Dinah Wilson.

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