Ninth Generation

256. Henry HAYES^256,257,258 was born on 23 May 1667 in Spelsbury Parish, Fulwell, England. Before 1705 he was a Carpenter in Fulwell County, Oxon, England.²⁵⁹ He immigrated in 1705 to Pennsylvania.²⁵⁹ He signed a will on 1 Apr 1745 in Marlborough Township,Chester County,Pennsylvania.^187,260
"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:
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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.


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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.

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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. Children were:

	i.	Mary HAYES was born in 1692. She was baptized on 17 Jul 1692. She died on 6 Nov 1749. Mary married Robert Hannum, son of John Hannum. Robert Hannum died on 26 Feb 1759.
	ii.	Margaret HAYES was born in 1692. She was baptized on 17 Jul 1692. Margaret married Zachariah Butcher, son of Edmund Butcher. Zachariah Butcher died in 1755 in East Nottingham.
	iii.	Elizabeth Ann HAYES was baptized on 11 Feb 1693 in Fulwell County, Oxon, England. She was born in Feb 1693 in Fulwell County, Oxon, England. She died on 11 Feb 1749. Elizabeth married William Cloude, son of Jeremiah and Elizabeth Cloude. William Cloude died in 1748 in Brandywine Hundred.
	iv.	Richard HAYES261 was born in Feb 1693 in Fulwell County, Oxon, England. He died in 1742/43 in West Marlborough Twp, Chester County, Pennsylvania. Married Mary, unknown last name and settled in West Marlborough. He had the following children: Henry, Margaret, Mary, George, Jonathon, and Jesse. To Henry he devised the plantation, purchased from Daniel Davis.
128	v.	William HAYES Sr.
	vi.	Henry HAYES was born in 1695. He died in 1717.
	vii.	Joseph HAYES262,263 was born on 19 Nov 1698 in Fulwell County, Oxon, England. He was baptized on 19 Nov 1698 in Spelsbury Parish, Fulwell, England. He died in 1748. Because Hayes Quaker records are spotty (or missing) there is little information on the children of Joseph and Jane Woodward Hayes. Daughter Rachel Hayes married John Moore, son of David Moore on 17 Apr 1747 at Londongrove Monthly Meeting. Son Isaac Hayes married Hannah Harlan on 5 Oct 1750, according to J. Gary Woodward, in his compilation of Chester County Woodward records. Isaac Hayes died before 30 Aug 1759 in East Marlborough Township, without a will, and Hannah Hayes was appointed administrator. There should be Orphan Court records if they had issue. According to a Hayes Family Genealogy found on GenealogyLibrary.com, son Henry Hayes married Elizabeth Scott in 1768 and Jane Todd in 1773. Henry and Elizabeth had a daughter, Elizabeth Hayes, born 15 Oct 1769 who married Emmor Bailey and moved to Springboro, Ohio. The Hayes Genealogy also mentions son Joseph Hayes Jr, referring to him as Captain Joseph Hayes. He was born 16 Dec 1732 in Chester County and married Joanna Passmore on 12 Aug 1753. Daughter Abigail Hayes married her uncle, Jane Woodward Hayes' brother Richard Woodward III on 3 Nov 1755 at Old Swede's Church, Wilmington on the Delaware. Richard was dismissed at Bradford Monthly Meeting on 18 Mar 1756 for marrying one too nearly related (his niece). There is nothing further found in Quaker records on them nor further information, except possible children Rachel, Joseph and Deborah. Son Caleb Hayes married Mary Baily, according to Lewis Woodward's genealogy of the Woodward family. No further information. No information on daughter Ruth Hayes.
	viii.	John HAYES184 was baptized on 1 Jun 1700. He was born in 1700. Settled in Oxford Township about 1754 and died there in 1766, leaving a widow, Margaret, and children David, John Jr, Mary (married James Dickey), Elizabeth (married Walter Hood), Hannah (married William Baily), Ann (married William Starret), and Margaret (married Robert Bunting). In 1764 John John Hayes had 250 acres of land, 2 horses, 4 cattle, and 10 sheep. The village of Hayesville derives it's name from this family.
	ix.	Hannah HAYES was born in 1701.
	x.	Ann HAYES was born about 1702. Ann married Hugh Sidwell, son of Hugh and Elizabeth Sidwell. Hugh Sidwell died in 1740. She married a second time to Robert Morgan and he died in 1754.