Person:Patrick Hays (1)

Patrick Hays, The Oath Taker
b.Bef 1708 Ireland
  1. Patrick Hays, The Oath TakerBef 1708 -
  2. Hugh Hays, The Immigrant1707 - Bef 1779
  3. William Hays, The Immigrant1709 -
  4. James Hays, The immigrant1711 - 1751
  5. David Hays, The immigrant1717 - 1776
  • HPatrick Hays, The Oath TakerBef 1708 -
  • WFrances McNittAbt 1710 - Aft 1765
m. 1729
  1. Margaret HaysEst 1730 -
  2. Catherine HaysEst 1732 -
  3. Samuel Hays1734 - 1793
  4. Ruth HaysEst 1736 -
  5. Col. William HaysBef 1740 - 1804
  6. Joanna 'Joan' HayBef 1740 -
  7. Hugh Hays1740 -
  8. Rebecca Hays1743 -
Facts and Events
Name Patrick Hays, The Oath Taker
Gender Male
Birth[1] Bef 1708 Ireland
Marriage 1729 to Frances McNitt
Immigration[2] no later than 1737 Orange, Virginia, United States
Death? [Need date and place of death]
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Patrick Hays was one of the Early Settlers of Augusta County, Virginia


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Source:Chalkley's Chronicles
Rootsweb Collection of notes on Patrick Hays
Descendants of Archibald McALLISTER of west Pennsboro Township, Cumberland Gives will of Brother Hugh Hays


Records for Patrick Hays in Chalkley's Chronicles
Patrick Hays (1705-1790) of Derry Township, Dauphin County, Pennsylvania. Not to be confused with Patrick (1)
Person:John Hays (20)
Person:Patrick Hays (5) kinsman of person:George Hays (3), possibly same person as Person:Patrick Hays (1)
Timeline for Patrick Hays in Derry twp, PA, and Old Augusta
Importation oath of Patrick Hays and John Hays, Orange County, 1740

Transcript: Augusta VA, Petition to restrain sales of rum and wine by ordinary keepers, c1753


Members of the Hays family settled in Old Augusta sometime prior to 1740 when Person:John Hays (20) and Person:Patrick Hays (1) gave their oath of self importation in Orange County. According to their oath the two had come from Ireland, entering the colonies at Philadelphia, Pennsylvaniaand were now claiming their rights to land in Virginia by virtue of their self importation. When they actually arrived in Pennsylvania, and how long they remained there is unknown. John settled on what became known as Hays Creek (now known as Hays Mill Creek) on Borden's Grant in Rockbridge County. He died there in 1750. Patrick settled in the southern portion of Beverley Manor, not far from where John settled.

Birth We know from his 1740 oath of importation that Patrick came to America from Ireland. We can, as a first guess, presume he was born there. At the time of his oath he is a married adult, with five children (wife Frances, children Joan, William, Margaret, Catharine and Ruth). Assuming that none of the children were adults, we can guess that he was probably married no later than 1729. [3] This suggests his DOB no later than 1708.

Importation Assuming that the five children identified in his oath of importation were actually born in Ireland (otherwise he couldn't claim that he paid for their importation), he might have come over as recently as 1739, though this seems unlikely. If the children were close to adulthood, and not married, as some believe, then his eldest child might have been born no later than c1720, implying a DOM for Patrick of 1719. This in turn would give a date of importation of about 1730. If the children were well into adulthood, then the date of importation could be correspondingly earlier. This would also push back the DOB.

Augusta Patrick remained in Augusta County until about 1762. ……


The last record for Patrick in Augusta County comes in 1779 when:

Page 123.--19th October, 1779. Patrick Hays, brother of Hugh Hays, deceased, late of Lancaster County, Pennsylvania, to James Buchanan, all his interest in estate of Hugh, deceased, in Pennsylvania, or of his daughter Margaret (deceased ?).
Page 124.--19th October, 1779. Hugh Hays, of Augusta, son of, Patrick Hays and nephew of Hugh Hays, late of Lancaster County, Pennsylvania, deceased, to James Buchanan. Similar to above.
Chalkley's Chronicles:3:560

Derry PA In 1762 Patrick resigned his position in the vestry, an important parish organization that mixed ecclesiastical and public service responsibilities [4]. Vestrymen were normally appointed for life, so it is significant that Patrick resigned this role.[5] From other court records it is clear that Patrick the Vestryman had moved to Derry Township in Lancaster County, PA by the previous August. [6] It is not clear why Patrick relocated at this time to Pennsylvania. It is possible unlikely that this was a response to Indian attacks that had raged on the Virginia frontier beginning about 1756 as part of the French and Indian War; this seems unlikely as this conflict was drawing to a close by 1762, and by that date, Indian attacks in Virginia had largely ended. Another possibility is that Patrick (and presumably John) had kinsmen in Pennsylvania, and his relocation to Derry Township was related to that.

Derry and Londondery Towhships, Dauphin County PA.
Derry and Londondery Towhships, Dauphin County PA.
Annotated map of Hays in Dauphin County, PA.   :Green Hexagons---Approximate location of Hays property c1740 :Tan Hexagon----- Approximate location of Modern town of Hershey :Purple Hexagon--- Location of Historic Derry Presbyterian Church :Dark Blue line----- Swatera Creek :Light Blue line----- Spring Creek :Purple Line-------- Border between Dauphin and Lebanon Counties, PA
Annotated map of Hays in Dauphin County, PA.
 :Green Hexagons---Approximate location of Hays property c1740
 :Tan Hexagon----- Approximate location of Modern town of Hershey
 :Purple Hexagon--- Location of Historic Derry Presbyterian Church
 :Dark Blue line----- Swatera Creek
 :Light Blue line----- Spring Creek
 :Purple Line-------- Border between Dauphin and Lebanon Counties, PA

Additional work is needed for Patrick during the time he was living in Pennsylvania. We know from the YDNA results that he and John Hays (15) are kinsmen. We also know, from the above records, that Hugh Hays of Lancaster County PA was Patricks brother, and had a son Hugh living in Augusta County in 1779. It seems likely that other kinsmen were in the Lancaster County area. Traceing down records for the Hay's in these areas may lead to information about the parents of John, Patrick, and Hugh.

Notes 1

Hays Family, Cumberland County, Pennsylvania USGENWEB

Immigrants - John and Rebecca Hays and their families in VA and TN


The following records are not found in Chalkley's Chronicles, and are not included in the tabulation Records for Patrick Hays in Chalkley's Chronicles:

From Orange County, Virginia Deed Books:

Records of Acquisition of Land in Orange County, Virginia

  • Pages 221-24. 25-25 Sept. 1741. William Beverley of Essex County, Esq., to Patrick Hays of Orange County, farmer. Lease and release; for £18 current money. 600 acres in Mannor Beverley... corner to the mannor... (signed) W. Beverley. Wit: John Bohannan, Francis Beaty, James Fulton. 25 Sept. 1741. Acknowledged by Wm. Beverley, Esq. [Orange County Virginia Deed Book 6, Dorman, pg. 31]. [Clearly Person:Patrick Hays (1) On Beverley Manor
  • Pages 105-09. 16-17 Aug. 1742. Benjamin Borden of Orange County, Gent., to Patrick Hays of same, yeoman. Lease and release; for ₤7.12.5 current money. 254 acres, part of 92,100 acres by pattent 6 Nov. 1739... on the halfway creek at a fork of the same... corner to Beverley Manour corner also to Mr. Borden's tract... line of Samll. Dunlap... (signed) Benja. Borden. Wit: Samll. Dunlap, Robt. Dunlap, John Moore. 26 Aug. 1742. Acknowledged by Benjamin Borden, Gent. [Orange County Virginia Deed Book 8, Dorman, pg. 72]. Presence on Half Way Creek suggests Person:Patrick Hays (5)

Records of Disposition of Land

  • Page 524.--16th August, 1769. Same (Patrick Hays, in Derry Township, Lancaster County, Pennsylvania) to William Hays, £250, 259 acres by deed, 18th May, 1750, in Beverley Manor, Thomas Yates' land. Delivered: James Mitchell per Mr. Hayes' order, 14th April, 1777. [This is probably the 254 acre parcel of Patrick (1) on Beverley's Manor.

Augusta County Records:

  • August, 1746. Patrick Hays vs. Samuel Doak.--Defendant brother of John Doak. 17th April, 1746.
  • Page 157.—17th March, 1748-9. David Moore's inventory by James Fulton, John Mountgomery and Patrick Hays. Ro Coulton, due for 2 gallons whiskey at 3 shillings; Jno. Shields, due; Jno. Carr, due; Jas. Aikin, due; Benj. Watson, due; Jonathan Brown, due; James Walker, due; John Lowry, due; Jno. Edmiston, due; Wm. McCreerey, due; James Shields, due; Wm. Worthclaw, due.
  • May and August, 1748. Patrick Hays vs. Charles Milliken.--Debt on bond dated 4th June, 1745. Writ 19th February, 1747. Defendant of Township of Deny, County of Lancaster, Pennsylvania.
  • 16 May 1753 N. S., p. 442 (Augusta County Road Orders) Patrick Hays and John Huston are hereby Appointed Surveyors of the road that goes by Kenadays to Patrick Hays and it is Ordered that with the titheable persons that Usually workd on the sd Road they Clear and keep the same in repair According to Law
  • 16 August 1753 N. S., p. 10 (Augusta County Road Orders) Ordered that Patrick Hays and John Huston be surveyors and Clear with the Adjacent Titheables the Road from the forks at the Widow Fultons to Joseph Kenadays Mill
  • 16 May 1754 N. S., p. 196 (Augusta County Road Orders) Joseph Kenaday is hereby appointed overseer in the room of Patrick Hays of the highway and It is Ordered that with the Such Titheable persons as Shall be appointed him by the sd Hays he keep the same in repair According to Law.
  • Vol. 1 - MARCH, 1758 (C). - Borden's Executors vs. James Edmonson and Sarah: late Sarah Hays.-- Was unmarried 17th May 1748. James Hays, son of Sarah. Signature of Patrick Hays. (Note: may indicate a relationship to George Hays, first husband of Sarah Dyer, who married 2nd, James Edmondson).
  • 16 May 1759, p. 259 (Augusta County Road Orders) Patrick Hays is hereby appointed Surveyor of the highway from Beverly Manor line to the Indian Road and It is ordered that with the adjacent Tithables he Clear and keep the same in repair According to Law
  • 16 May 1759, p. 261 (Augusta County Road Orders) Patrick Hays and John Montgomerie are hereby Appointed Surveyor of the Highway from Joseph Kenady to the Landing Road and It is ordered that with the Adjacent Tithables they Clear and keep the same in repair according to Law.
  • 20 May 1760, p. 351 (Augusta County Road Orders) John Fulton is hereby Appointed Surveyor of the highway in the room of Patrick Hays and It is ordered that with the Tithable persons that Usally Worked under the said Patrick Hays he Clear and keep the same in repair According to Law.
  1. POB Based on importation oath in 1740; DOB based on backwards extrapolation from information in his importation oath (Married, several children in 1740), which suggests could have been born no later than 1708, but could also have been born considerably earlier, and perhaps in the 17th century. Kinsman John Hays (20) is commonly said to have been born in 1674, but the basis for that is unknown, as is the exact nature of their relationship. SOme give a DOB as early as 1680.
  2. Importation oath given 22 May 1740 in Orange County VA. At the very latest importation would be 1740. However, Patrick (1) can be shown to be kinsmen of Patrick, Hugh, and David Hays, who settled in what is now Derry Township, Dauphin County, and took out land warrants in 1737. On the assumption that Patrick came to America with them, a 1737 date of importation seems likely.
  3. Five children, interval of two years between each child, plus a "marriage year": 1740-(5*2)-1=1729.
  4. The Vestry had role of supervising local (Parish) public services, such as the workhouse, administration of Poor Relief, the keeping of Parish Records (Baptisms, Deaths and Marriages), etc. Encyclopedia Virginia:Church of England
  5. [Chalkley's Chronicles] Page 356.--19th November, 1762: Vestry met. Patrick Hays resigns as Vestryman. William Preston allowed for recording the vestry proceedings from the beginning in a new book.
  6. Chalkley's Chronicles Page 433.--17th August, 1762. James Kerr, of Roanoke County, North Carolina, to Patrick Hays in Derry Township, Lancaster County, Pennsylvania, £250, 474 acres in Beverley Manor, conveyed to Jame Patton. 18th May, 1750; cor. James Leeper. Teste: Elax. ( ) Brownlee. Acknowledge. Delivered: Pat. Hays, March Court, 1769.