256. Henry HAYES (127)(128)(129) was born on 23 May 1667 in Spelsbury parish, Fulwell, Oxfordshire, England. Before 1705 he was a Carpenter in Fulwell County, Oxon, England. (130)
He immigrated in 1705 to Pennsylvania. (130)
He signed a will on 1 Apr 1745 in Marlborough Township,Chester County,Pennsylvania. (84)(131)
"Henry Hayes of E. Marlborough. Husbandman. April 1, 1745. December 30, 1745. B. 195. To wife Isabella:
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 Expenses 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 bee 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 will of Henry Hayes, 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 11th Mo. 1745-6, by Aaron Baker and William Harlan, and amounted to 726 pounds, 7 s[hillings], including the plantation of 177 acres, valued at 250 pounds. There is reason to believe that the last wife of Henry Hayes was a comparatively 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.
He died in 1745 in Chester County, Pennsylvania. He was in the Member of the Friends (Quaker) Meeting, Pennsylvania.
Proceedings...Bicentennial...et al:
Page 9:
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 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 3 Dec 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 Feb 1707. On 28 Nov 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, 26 Aug 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.
Page 10:
It 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 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 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.
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.
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.
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
Henry married a third time to an "Isabella."
Henry HAYES and Margaret were married before 1690 in Fulwell, Oxfordshire, England.
257. Margaret was born about 1670 in England.
(81) Chester and Delaware Counties, Vol. 1, 1904, p. 136.
(84) Chester County, Pennsylvania Wills, 1713-1825.
(127) Proceedings of the Bicentennial Gathering of the Descendents of Henry Hayes at Unionville, Chester County, PA September 2nd 1905; West Chester, PA: Published by the Committee for the Family, 1906. p, 9, 10, 12, 13.
(128) 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.
(129) Historic Homes and Institutions and Genealogical and Personal Memoirs of Chester and Delaware Counties, Pennsylvania, Volume I; Eds: Chester County; Gilbert Cope, Delaware County, Henry Graham Ashmead, The Lewis Pub. Co: 1904, p. 135-37.
(130) Proceedings of the Bicentennial Gathering of the Descendents of Henry Hayes at Unionville, Chester County, PA September 2nd 1905; West Chester, PA: Published by the Committee for the Family, 1906.
(131) Ibid., Page 13.
(132) Chester and Delaware Counties, Vol. 1, 1904, p. 135.
(133) Ibid., p. 135-36.
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