Individual Details
Thomas Payne
(15 Oct 1625 - 23 May 1673)
The Payne family is found under very inconsistent spelling such as: Paine, Pyn, Payn and Pain. See the link below to find other Payne family links. The DNA project by Patrick A. Payne seems to have proved the lineage I list here. Dick Payne has discovered birth and christening records that match up with the known records in Maryland.
Some researchers have said that Thomas Paine was related to several Paine/Payne that were mariners and/or partial owners in a shipping company that made frequent trips to the colonies. Capain George Payne was the Master of the ship "Elizabeth" and John Payne was a partner of Joseph Hawes and his brother Nathaniel Hawes. Capt. George Payne had married the Hawes brother's sister Rachel in London in 1634. I'm still trying to confirm the connections.
[Patrick Payne cooresponds on Rootsweb archives. Apr 6, 2000]
Patrick A. Payne, stated that "My speculation (at this point) is that Jane was a daughter of John Smallpiece of Godalming, Surrey, by his wife, Margaret Elliott. They were married there on 16 Apr 1629. I found this out through the LDS: Extracted marriage record for Godalming, Surrey County, England. Arranged by marriage date. Batch # M013331 Date: 1583-1688 Source: 800475 [Payne, Patrick rootweb forum 26 May 2003]
Jane Smallpiece is said to have a brother John Smallpiece according to the Maryland Archives. Some researchers may have assumed this John Smallpiece to be her father. It is somewhat likely that her brother could be named after her father but more recent discoveries conclude that Jane Smallpeece father is Edward Smallpeece. Jane Smallpeece is christened on 14 August 1638 in Cranley, Surrey, England. Her brother John Smallpeece, who immigrated later, is christened 23 January 1625 Cranley, Surrey, England. [Maryland Archives. St. Mary's City Men's Career Files, MSA SC 5094. ] [LDS records of England Births and Christenings]
1635, July 4 - Thomas Payne arrived in Virginia on The Transport July 4, 1635 which departed London on this day for Virginia. it also lists his age as "23". Primary Individual : Paine, Thomas
Family Members : Wife Elizabeth; Child Marey; Child Elizabeth; Child Dorethey; Child Sarah; Child John; Child Thomas.
Unfortunately this list does not match the children that I have listed above. If Isaac is the oldest son as identified in the will of 1713, why is not in this list? Is he the child, John or did he come at a different time? This is another Thomas Payne rather than our ancestor. Most of the researchers agree that this not our ancestor. [Hotten's List and a listing of Virginia Colony included in Michael Tepper. Passengers p. 40]
1664- Immigration records indicate that Thomas Payne and his wife, Jane Smallpiece, along with three daughters came to Maryland on the ship Golden Fortune. The ship left London and arrived at St. Mary's Maryland in October of 1664. [Transcript AF&H:7, H183, Maryland archives of Early Settlers by Dr. Carson Gibb] Note that this records is very different from the record on 1635.
Patrick Payne says that, "Thomas arrived in Maryland in 1664 with his wife Jane and 3 daughters. There is no evidence as to when Thomas or his wife Jane were born. Given that his daughters were minors in 1664, we might speculate that he MIGHT have arrived in Maryland as a relatively young man. If we use the exteme example of "minor" child and make his oldest daughter say 16 when they arrived in 1664, that would give a birth for her around 1648 and a marriage for Thomas and Jane perhaps a couple of years earlier, say 1646. But the opposite could also be true- and appears to be the case with all the references to thier children be minors afer their deaths in 1673 and 1675. His oldest daughter was likely much younger than 16 in 1664. For myself, I have imagined that he and Jane were probably married around 1650 or so. But again, I have no hard evidence to base that on. Just going by what the records indicate. "[Payne, Patrick- rootsweb forum 4 Oct 2005]
1664- Feb. 28th - Thomas Payne is listed in several documents of the Provincial Court where he seems to be serving papers and making arrests.
28th Thomas Paine dds writt agst Edward Perce in an accon of tresspasse uppon Detainer to the uallue of Two hundred pounds sterlinge uide pet” 367 Warrt to Sherriffe of St Marys County to arrest &c: ret: 7th ffebruary next ditto die Thomas Paine dds summons for Henry Hawkins to testifye in ditto Causo ditto die Thomas Paine dds summons for William Price to testifye in ditto Causo ut supra uppon perrill of forfeiting each 500w tob: in Case they doe not appeare according summons— Warrt to sherriffe of St Marys County to warne the said Hawkins. Warrt to sherriffe of Charles County for ditto Price both ret: 7th ffeb: next [Maryland Archives, Proceedings and Acts of the General Assembly, 1693-1697, vol. 49, page 344.]
1668- Thomas Payne is listed as a lieutenant. Also the list of children is confirmed except for Dorothey and Thomas. [Maryland Archives. St. Mary's City Men's Career Files, MSA SC 5094. ] He receives his commission 15 April, 1668. [Proceedings of the Council of Maryland, 1663-1687. Vol. 5, p. 28. Maryland State Archives.]
1669- Thomas Paine has an indenture for John Griffith, for four years of service. There is no location given to be able to identify if this for the correct Thomas Paine.
Compton Gwyther aged one and twenty years or thereabouts Sworn Saith that in the Year of our Lord One Thousand Six hundred Sixty and Six he Transported into this province a Servant named John Griffith that he signed and Sealed Indenture with the said John Griffith for four years Service and no more that he sold the said Griffith to Thomas Paine for the sd Term of Four Years and no more that the Indenture afd is as Signed and Sealed in Wales in the Kingdom of England by the said John Griffith that is to Say the originall Indent.r of which a Coppy was (fol. 3) delivered in this province and further Saith not. Compton Gwyther. Juravit Coram me 3d Aprilis 1669. [Proceedings of the Court of Chancery, 1669-1679, Vol.51, p. 3. Maryland Archives]
1670 - John Payne is on the rent rolls in Charles Co., MD. He is probably not related but an interesting Payne document.
1642-1753 Rent Rolls Charles County MD Hundred - Port Tobacco: Rent Roll page/Sequence: 313-79: MUCH HADDUM: 50 acres; Possession of - 50 Acres - Payne, John: Surveyed 24 Aug 1670 for John Payne at a bound White Oak the parting tree between Clement and said Payne.: Other Tracts Mentioned: HARWOOD; ; ; other notes - 50 Acres - Richard Birch from John Payne; 13 March 1710, 50 Acres - William Hoskins from Richard Birch; 12 Dec 1717,Included in Resurvey of HARWOOD, 8 Aug 1725, folio 417, , , , [USGenWeb Archives by Mike Marshall]
1671- John Smallpiece is listed on passenger and immigration index for Maryland. [Early Settlers of Maryland.. 1986. p. 423]
1673- Paine, Thomas (St. Mary's County), is a lieuttenant, commissioned Apr 1, 1668 "Thomas Paine, of St. Jerome's " died testate b y May 23, 1673 ( date of probate; Jane Paine, widow) Ref: ARMD 5:28; MSWB 1:531) [ Peden p. 263]
1672-73 Thomas Payne files a will in St. Jerome's, St. Mary's County. Jane (Smallpiece) Payne seems to have died by 1675. [Bradbury, Patsy. The Paynes]
Maryland Wills Paine, Thomas, St. Jerome's, St. Mary's County Will written on 12th March 1672 Probated 23rd May 1673. To elder son ISAAC, "Paine's Lott" in Baltimore County. To son JOSEPH and heirs, "Holt" in Baltimore County. To 5 daughters: MARY, SARAH, ELIZABETH, HANNA and RACHEL, personalty and tracts above names should sons die without issue; sons to be of age at 18 years. To wife Jane, all land in St. Mary's County. Exs: Nath. Garrett, John Smallpiece, John Reynolds. Test: Wm. Calvert, Robt Ridgely, Jon. Backney 1.531[Maryland Archives][Cotton/Henry p. 73] Hanna Paine (daughter) apparently received "10 head female cattle" at the age of 17. Alexander Winsore was appointed guardian of the orphans. [Maryland Archives, Women's Career Files sc4040-1163-1] Mary Paine (daughter) inherits 10 head female cattle when 17. Alexander Winsore was appointed guardian of the orphans. [Maryland Archives, Women's Career Files sc4040-1167-1] Rachel Paine (daughter) inherits 10 head female cattle at age 17. Alexander Winsore was appointed guardian of the orphans. [Maryland Archives, Women's Career Files sc4040-1170-1] Sarah Paine (daughter) inherits 10 head female cattle at age 17. Alexander Winsore was appointed guardian of the orphans. [Maryland Archives, Women's Career Files sc4040-1171-1] Joseph Paine (son) inherits 1/3 of 10,000 lb. tobacco, Thomas Paine (son) inherits 1/3 of 10,000 lb. tobacco, Rachael Paine (daughter) inherits 1/3 of 10,000 lb. tobacco. [Maryland Archives, Women's Career Files sc5094-3157-1]
This will was apparently contested by Jane, his wife. Thomas names his three friends as executors. "Dissatisfied with her exclusion from the executorship, his widow, Jane, asked the court to demand that her husband's executors appear before a judge to prove the will, whereupon a clerk recorded that John Smallpiece "Immediately appeared without Citation and then Immediately for himself renounced the Execution" of Paine's will. Smallpiece also produced a written statement from Garrett renouncing the same, and accordingly John Reynolds relinquished his right, too. The judge then "ordered that administracon of the said Deceased be Comitted to Jane the Widdow of the Said Thomas Paine and that she have letters of administration with the will of the said Thomas thereunto annexed to her granted." [Meyers p. 169] A note from Dick Payne on the contesting and death of Thomas, "Patrick Payne questioned why he named his under-aged sons as heirs in 1672 the first date on his will. It makes sense if he made the will before he returned to England to help settle his brother's estate. (His brother, John, died in 1671.) He probably did not expect the will to be necessary until after he returned. If Thomas died in England in Jan, 1673, it would probably take until May, 1773 for word of his death to get to Maryland where his will was filed at that time. Again, this death information was not considered by previous researchers." "His wife, Jane, objected to the named executor's of his estate and was able to have herself appointed executor. It is unlikely a change like this would be made unless it was a pre-prepared will and the person making the will had not able to name those best able to execute the will immediately before the death. A couple of the named executors resigned. They probably would not have done so if they had just been named, but would probably do so if named some time before the will is to be executed and it was not possible to name different ones." [Dick Payne 10/31/10]
1673- I don't have any idea what the relationship of John Reynolds is to the Payne family might be but it may be very close. Reynolds, John, St. Jerome's, St. Mary's Co., 24th Aug. 1673; 3rd Oct., 1673. To Isaac, Joseph, and Rachel Paine, to young. dau. of Edward Jolly, Thomas James, and Thomas Locker, personalty. Exs.: Wm. Claw, John Smallpeece. Test: Richard Chapman, Nicholas Guither. 1. 557. [Cotton/Henry p. 75]
1675 - Paine, Jane has a probate record in St Mary's, MD Liber 1, Folio 340, 351, 567(inventories) [Maryland Indexes, Probate Records, Colonial, Index, P, 1634-1777, SE4-16, image 256]
1696 - The following Proceedings of the General Assembly do not reference any Payne relative but do give a feel for the time period and attitude of the locals who may have drank and sworn more than the governing bodies approved.
Assembly Proceedings, Sept. 6-0ct. 2, 1696. 471
Afterwards his Excellency was pleased to express himself to Mr Speaker and the severall Members of the House to the Effect following vizt U. H. J.
That he was very sensible of the difficulty he had met with in reforming the manners and Insolency of the people of this province That the making of Laws was very insignificant unless the same were put in due prosecution which hitherto seemed to be much neglected by the Magistrates there being such an apparent overflowing of vice therefore Recom- mended and gave strict charge to such members of the House as were Magistrates or bore Rule within any of the Places for which they were chose that they would take due care to see all the Laws put in strict prosecution especially those against Drunkenness Blasphemy prophane Swearing for fornication Adultery &c Lastly That he had considered with his Majestys honourable Council of Proroguing the Assembly until the 28th day of March next but hoped there might not be occasion of calling them together so soon which if there were not that then they should have notice thereof by Proclamation & Assembly was accordingly prorogued until the 28th day of March next So Ended this Sessions of Assembly p. 923
[Maryland Archives, Proceedings and Acts of the General Assembly, 1693-1697, vol. 19, page 471.]
1701/2- p. 41 Deed
Isaac Paine of St. Mary's Co., planter for 20,000 lbs of tobacco, to James Heath of Kent Co., gent, 2 tracts of land, one called the Hott and the other called Norland. Cecilius Lord Baltimore, by patent dated 1 May 1672 granted to Thomas Paine, father of said Isaac Paine, a parcel of 700 acres of land called the Hott at the head of Sassafras River. By another patent of the same date, Lord Baltimore granted to John Smallpiece 200 acres of land called Norland lying at the head of the Sassafras River, bounded by land formerly taken up by John Collet. Jane Paine, mother of the said John Smallpiece. Made 7 Nov 1701. Mr. Richard Bennett received from Mr. James Heath the alienation for the 2 tracts of land on 17 Feb. 1701. Wit: Jno. Baker, Cha. Egerton. Mr Richard Bennett received from Mr. James Heath the alienation for the 2 tracts of land on 17 Feb. 1701/2. Ackn: 7 Nov 1701. Mr. John Baker and Capt. Thomas Beale, 2 JPs for St. Marys Co., Wm Aisquith, Clerk. Rec in Cecil Co. by Wm. Wyvill, Clerk. [Brown. Abstracts of Cecil County, Maryland, Land. p. 61]
1704- The following document proves that John Smallpeice is the brother of Jane.
"John Smallpeice was granted 200 acres of land near the head of Sassafras River called Nowland by patent dated 1 May 1672. It is supposed the said John Smallpeice sold or intended to sell one moiety of land to Isaac Daniell who sold 50 acres, part of the moiety, to Martin Muckenburrow and the remaining 50 acres to William Brown. The said Muckenburrow and the said Brown each sold their 50 acres to the said John Wheeler. John Smallpeice died without a will, leaving as his heir his only sister Jane, wife of Thomas Pain, whose only son and heir Isaac Pain by his deed dated 7 Nov 1701 sold the 200 acre tract called Norland [sic] to James Heath. It does not appear that John Smallpeice ever executed a conveyance of the land to Isaac Daniell but only gave a bond with penalty of 4,000 lbs of tobacco. Made 8 May 1704. Wit: Jno. Hynson, Jr., James Harris. Ackn: 26 Aug 1702. JPs: John Stoop, James Harris. Acknowledged again by James Heath and his wife Mary. JPs: B. Pearce, John Baldwin. Rec: 18 Nov 1725. S. Knight, Clerk." [Brown p. 192]
1731 - Thomas Pain signs a will in St Mary's Co., 31st May 1731, This Thomas Paine is the son of Henry Payne and Mary Assiter. Linda Reno has found no connection between this family and Thomas Payne of this page. I put this information here to dissuade others from including this Thomas in the family of this page.
Pain, Thomas, St. Mary's Co.,31st May, 1731; 16th Nov., 1731. To 3 sons Henry, Thomas and James, lands leased for 61 yrs. of John Baptist Carbery; 1/3 pt. next Deap Spring br. and Thomas Thomas' br. to son Henry, 1/3 next to Bryery's br. and Mr. Carbery's n. line to son Thomas, and 1/3 being dwell. plan. to son James (after decease of wife Tecla, extx.). Test: Robert Drury, James Thompson, Leonard Pain. 20, 258.
1753, Sept 3 - Isaiah Payne receives a land grant of fifty acres for "Isaiah's Choice" in Dorchester County, Maryland. [Coldman. page 211. Ref. YS*/678;BC11/242]
1756, Sept 16 - Daniel Payne files a land grant of fifty acres for "Hog Pen Landing" in Dorchester County, Maryland. Ref. BC10/266;BC11/242 [Coldman page 211]
source:
Bradbury, Patsy Todd. The Paynes. P. Bradbury, 8645 Wheeler Rd., Woodstock GA 1985 Brown, June D. Abstracts of Cecil County Maryland Land Records 1673-1751. Heritage Books, Westminister, MD 2008 Coldman, Peter Wilson. Settlers of Maryland 1751-1765. Genealogical Pub., Maryland 1996 Cotton, Jane Baldwin and Henry, Roberta Bolling. Calendar of Wills from 1635 (Earliest probated) to 1685. Kohn & Pollock, Pub. Baltimore, MD. 1904. LDS records of England Births and Christenings, 1538-1975, http://pilot.familysearch.org Maryland State Archives. online http://aomol.net/ Meyer, Debra. Common whores, vertuous women, and loveing wives. Free Will Christian Women in Colonial Maryland. Bloomington: Indiana University Press, 2003. Payne, Dick. records and coorespondence. 10/31/10 rpaynegen@yahoo.com Payne, Patrick A. home page http://home.earthlink.net/~ppayne1203/poa/ Peden, Henry C. Colonial Maryland Soldiers and Sailors, 1634-1734, Heritage Books Inc., Westminister, MD. 2008 Reno, Linda. records and correspondence. 7/09/09 - lindareno@comcast.net Tepper, Michael, editor. Passengers to America: A Consolidation of Ship Passenger Lists from "The New England Historical and Genealogical Register." Baltimore: Genealogical Publishing Co., 1977. 554p. Reprinted with new introduction and indexes, 1978. Repr. 1980. US Census records
Some researchers have said that Thomas Paine was related to several Paine/Payne that were mariners and/or partial owners in a shipping company that made frequent trips to the colonies. Capain George Payne was the Master of the ship "Elizabeth" and John Payne was a partner of Joseph Hawes and his brother Nathaniel Hawes. Capt. George Payne had married the Hawes brother's sister Rachel in London in 1634. I'm still trying to confirm the connections.
[Patrick Payne cooresponds on Rootsweb archives. Apr 6, 2000]
Patrick A. Payne, stated that "My speculation (at this point) is that Jane was a daughter of John Smallpiece of Godalming, Surrey, by his wife, Margaret Elliott. They were married there on 16 Apr 1629. I found this out through the LDS: Extracted marriage record for Godalming, Surrey County, England. Arranged by marriage date. Batch # M013331 Date: 1583-1688 Source: 800475 [Payne, Patrick rootweb forum 26 May 2003]
Jane Smallpiece is said to have a brother John Smallpiece according to the Maryland Archives. Some researchers may have assumed this John Smallpiece to be her father. It is somewhat likely that her brother could be named after her father but more recent discoveries conclude that Jane Smallpeece father is Edward Smallpeece. Jane Smallpeece is christened on 14 August 1638 in Cranley, Surrey, England. Her brother John Smallpeece, who immigrated later, is christened 23 January 1625 Cranley, Surrey, England. [Maryland Archives. St. Mary's City Men's Career Files, MSA SC 5094. ] [LDS records of England Births and Christenings]
1635, July 4 - Thomas Payne arrived in Virginia on The Transport July 4, 1635 which departed London on this day for Virginia. it also lists his age as "23". Primary Individual : Paine, Thomas
Family Members : Wife Elizabeth; Child Marey; Child Elizabeth; Child Dorethey; Child Sarah; Child John; Child Thomas.
Unfortunately this list does not match the children that I have listed above. If Isaac is the oldest son as identified in the will of 1713, why is not in this list? Is he the child, John or did he come at a different time? This is another Thomas Payne rather than our ancestor. Most of the researchers agree that this not our ancestor. [Hotten's List and a listing of Virginia Colony included in Michael Tepper. Passengers p. 40]
1664- Immigration records indicate that Thomas Payne and his wife, Jane Smallpiece, along with three daughters came to Maryland on the ship Golden Fortune. The ship left London and arrived at St. Mary's Maryland in October of 1664. [Transcript AF&H:7, H183, Maryland archives of Early Settlers by Dr. Carson Gibb] Note that this records is very different from the record on 1635.
Patrick Payne says that, "Thomas arrived in Maryland in 1664 with his wife Jane and 3 daughters. There is no evidence as to when Thomas or his wife Jane were born. Given that his daughters were minors in 1664, we might speculate that he MIGHT have arrived in Maryland as a relatively young man. If we use the exteme example of "minor" child and make his oldest daughter say 16 when they arrived in 1664, that would give a birth for her around 1648 and a marriage for Thomas and Jane perhaps a couple of years earlier, say 1646. But the opposite could also be true- and appears to be the case with all the references to thier children be minors afer their deaths in 1673 and 1675. His oldest daughter was likely much younger than 16 in 1664. For myself, I have imagined that he and Jane were probably married around 1650 or so. But again, I have no hard evidence to base that on. Just going by what the records indicate. "[Payne, Patrick- rootsweb forum 4 Oct 2005]
1664- Feb. 28th - Thomas Payne is listed in several documents of the Provincial Court where he seems to be serving papers and making arrests.
28th Thomas Paine dds writt agst Edward Perce in an accon of tresspasse uppon Detainer to the uallue of Two hundred pounds sterlinge uide pet” 367 Warrt to Sherriffe of St Marys County to arrest &c: ret: 7th ffebruary next ditto die Thomas Paine dds summons for Henry Hawkins to testifye in ditto Causo ditto die Thomas Paine dds summons for William Price to testifye in ditto Causo ut supra uppon perrill of forfeiting each 500w tob: in Case they doe not appeare according summons— Warrt to sherriffe of St Marys County to warne the said Hawkins. Warrt to sherriffe of Charles County for ditto Price both ret: 7th ffeb: next [Maryland Archives, Proceedings and Acts of the General Assembly, 1693-1697, vol. 49, page 344.]
1668- Thomas Payne is listed as a lieutenant. Also the list of children is confirmed except for Dorothey and Thomas. [Maryland Archives. St. Mary's City Men's Career Files, MSA SC 5094. ] He receives his commission 15 April, 1668. [Proceedings of the Council of Maryland, 1663-1687. Vol. 5, p. 28. Maryland State Archives.]
1669- Thomas Paine has an indenture for John Griffith, for four years of service. There is no location given to be able to identify if this for the correct Thomas Paine.
Compton Gwyther aged one and twenty years or thereabouts Sworn Saith that in the Year of our Lord One Thousand Six hundred Sixty and Six he Transported into this province a Servant named John Griffith that he signed and Sealed Indenture with the said John Griffith for four years Service and no more that he sold the said Griffith to Thomas Paine for the sd Term of Four Years and no more that the Indenture afd is as Signed and Sealed in Wales in the Kingdom of England by the said John Griffith that is to Say the originall Indent.r of which a Coppy was (fol. 3) delivered in this province and further Saith not. Compton Gwyther. Juravit Coram me 3d Aprilis 1669. [Proceedings of the Court of Chancery, 1669-1679, Vol.51, p. 3. Maryland Archives]
1670 - John Payne is on the rent rolls in Charles Co., MD. He is probably not related but an interesting Payne document.
1642-1753 Rent Rolls Charles County MD Hundred - Port Tobacco: Rent Roll page/Sequence: 313-79: MUCH HADDUM: 50 acres; Possession of - 50 Acres - Payne, John: Surveyed 24 Aug 1670 for John Payne at a bound White Oak the parting tree between Clement and said Payne.: Other Tracts Mentioned: HARWOOD; ; ; other notes - 50 Acres - Richard Birch from John Payne; 13 March 1710, 50 Acres - William Hoskins from Richard Birch; 12 Dec 1717,Included in Resurvey of HARWOOD, 8 Aug 1725, folio 417, , , , [USGenWeb Archives by Mike Marshall]
1671- John Smallpiece is listed on passenger and immigration index for Maryland. [Early Settlers of Maryland.. 1986. p. 423]
1673- Paine, Thomas (St. Mary's County), is a lieuttenant, commissioned Apr 1, 1668 "Thomas Paine, of St. Jerome's " died testate b y May 23, 1673 ( date of probate; Jane Paine, widow) Ref: ARMD 5:28; MSWB 1:531) [ Peden p. 263]
1672-73 Thomas Payne files a will in St. Jerome's, St. Mary's County. Jane (Smallpiece) Payne seems to have died by 1675. [Bradbury, Patsy. The Paynes]
Maryland Wills Paine, Thomas, St. Jerome's, St. Mary's County Will written on 12th March 1672 Probated 23rd May 1673. To elder son ISAAC, "Paine's Lott" in Baltimore County. To son JOSEPH and heirs, "Holt" in Baltimore County. To 5 daughters: MARY, SARAH, ELIZABETH, HANNA and RACHEL, personalty and tracts above names should sons die without issue; sons to be of age at 18 years. To wife Jane, all land in St. Mary's County. Exs: Nath. Garrett, John Smallpiece, John Reynolds. Test: Wm. Calvert, Robt Ridgely, Jon. Backney 1.531[Maryland Archives][Cotton/Henry p. 73] Hanna Paine (daughter) apparently received "10 head female cattle" at the age of 17. Alexander Winsore was appointed guardian of the orphans. [Maryland Archives, Women's Career Files sc4040-1163-1] Mary Paine (daughter) inherits 10 head female cattle when 17. Alexander Winsore was appointed guardian of the orphans. [Maryland Archives, Women's Career Files sc4040-1167-1] Rachel Paine (daughter) inherits 10 head female cattle at age 17. Alexander Winsore was appointed guardian of the orphans. [Maryland Archives, Women's Career Files sc4040-1170-1] Sarah Paine (daughter) inherits 10 head female cattle at age 17. Alexander Winsore was appointed guardian of the orphans. [Maryland Archives, Women's Career Files sc4040-1171-1] Joseph Paine (son) inherits 1/3 of 10,000 lb. tobacco, Thomas Paine (son) inherits 1/3 of 10,000 lb. tobacco, Rachael Paine (daughter) inherits 1/3 of 10,000 lb. tobacco. [Maryland Archives, Women's Career Files sc5094-3157-1]
This will was apparently contested by Jane, his wife. Thomas names his three friends as executors. "Dissatisfied with her exclusion from the executorship, his widow, Jane, asked the court to demand that her husband's executors appear before a judge to prove the will, whereupon a clerk recorded that John Smallpiece "Immediately appeared without Citation and then Immediately for himself renounced the Execution" of Paine's will. Smallpiece also produced a written statement from Garrett renouncing the same, and accordingly John Reynolds relinquished his right, too. The judge then "ordered that administracon of the said Deceased be Comitted to Jane the Widdow of the Said Thomas Paine and that she have letters of administration with the will of the said Thomas thereunto annexed to her granted." [Meyers p. 169] A note from Dick Payne on the contesting and death of Thomas, "Patrick Payne questioned why he named his under-aged sons as heirs in 1672 the first date on his will. It makes sense if he made the will before he returned to England to help settle his brother's estate. (His brother, John, died in 1671.) He probably did not expect the will to be necessary until after he returned. If Thomas died in England in Jan, 1673, it would probably take until May, 1773 for word of his death to get to Maryland where his will was filed at that time. Again, this death information was not considered by previous researchers." "His wife, Jane, objected to the named executor's of his estate and was able to have herself appointed executor. It is unlikely a change like this would be made unless it was a pre-prepared will and the person making the will had not able to name those best able to execute the will immediately before the death. A couple of the named executors resigned. They probably would not have done so if they had just been named, but would probably do so if named some time before the will is to be executed and it was not possible to name different ones." [Dick Payne 10/31/10]
1673- I don't have any idea what the relationship of John Reynolds is to the Payne family might be but it may be very close. Reynolds, John, St. Jerome's, St. Mary's Co., 24th Aug. 1673; 3rd Oct., 1673. To Isaac, Joseph, and Rachel Paine, to young. dau. of Edward Jolly, Thomas James, and Thomas Locker, personalty. Exs.: Wm. Claw, John Smallpeece. Test: Richard Chapman, Nicholas Guither. 1. 557. [Cotton/Henry p. 75]
1675 - Paine, Jane has a probate record in St Mary's, MD Liber 1, Folio 340, 351, 567(inventories) [Maryland Indexes, Probate Records, Colonial, Index, P, 1634-1777, SE4-16, image 256]
1696 - The following Proceedings of the General Assembly do not reference any Payne relative but do give a feel for the time period and attitude of the locals who may have drank and sworn more than the governing bodies approved.
Assembly Proceedings, Sept. 6-0ct. 2, 1696. 471
Afterwards his Excellency was pleased to express himself to Mr Speaker and the severall Members of the House to the Effect following vizt U. H. J.
That he was very sensible of the difficulty he had met with in reforming the manners and Insolency of the people of this province That the making of Laws was very insignificant unless the same were put in due prosecution which hitherto seemed to be much neglected by the Magistrates there being such an apparent overflowing of vice therefore Recom- mended and gave strict charge to such members of the House as were Magistrates or bore Rule within any of the Places for which they were chose that they would take due care to see all the Laws put in strict prosecution especially those against Drunkenness Blasphemy prophane Swearing for fornication Adultery &c Lastly That he had considered with his Majestys honourable Council of Proroguing the Assembly until the 28th day of March next but hoped there might not be occasion of calling them together so soon which if there were not that then they should have notice thereof by Proclamation & Assembly was accordingly prorogued until the 28th day of March next So Ended this Sessions of Assembly p. 923
[Maryland Archives, Proceedings and Acts of the General Assembly, 1693-1697, vol. 19, page 471.]
1701/2- p. 41 Deed
Isaac Paine of St. Mary's Co., planter for 20,000 lbs of tobacco, to James Heath of Kent Co., gent, 2 tracts of land, one called the Hott and the other called Norland. Cecilius Lord Baltimore, by patent dated 1 May 1672 granted to Thomas Paine, father of said Isaac Paine, a parcel of 700 acres of land called the Hott at the head of Sassafras River. By another patent of the same date, Lord Baltimore granted to John Smallpiece 200 acres of land called Norland lying at the head of the Sassafras River, bounded by land formerly taken up by John Collet. Jane Paine, mother of the said John Smallpiece. Made 7 Nov 1701. Mr. Richard Bennett received from Mr. James Heath the alienation for the 2 tracts of land on 17 Feb. 1701. Wit: Jno. Baker, Cha. Egerton. Mr Richard Bennett received from Mr. James Heath the alienation for the 2 tracts of land on 17 Feb. 1701/2. Ackn: 7 Nov 1701. Mr. John Baker and Capt. Thomas Beale, 2 JPs for St. Marys Co., Wm Aisquith, Clerk. Rec in Cecil Co. by Wm. Wyvill, Clerk. [Brown. Abstracts of Cecil County, Maryland, Land. p. 61]
1704- The following document proves that John Smallpeice is the brother of Jane.
"John Smallpeice was granted 200 acres of land near the head of Sassafras River called Nowland by patent dated 1 May 1672. It is supposed the said John Smallpeice sold or intended to sell one moiety of land to Isaac Daniell who sold 50 acres, part of the moiety, to Martin Muckenburrow and the remaining 50 acres to William Brown. The said Muckenburrow and the said Brown each sold their 50 acres to the said John Wheeler. John Smallpeice died without a will, leaving as his heir his only sister Jane, wife of Thomas Pain, whose only son and heir Isaac Pain by his deed dated 7 Nov 1701 sold the 200 acre tract called Norland [sic] to James Heath. It does not appear that John Smallpeice ever executed a conveyance of the land to Isaac Daniell but only gave a bond with penalty of 4,000 lbs of tobacco. Made 8 May 1704. Wit: Jno. Hynson, Jr., James Harris. Ackn: 26 Aug 1702. JPs: John Stoop, James Harris. Acknowledged again by James Heath and his wife Mary. JPs: B. Pearce, John Baldwin. Rec: 18 Nov 1725. S. Knight, Clerk." [Brown p. 192]
1731 - Thomas Pain signs a will in St Mary's Co., 31st May 1731, This Thomas Paine is the son of Henry Payne and Mary Assiter. Linda Reno has found no connection between this family and Thomas Payne of this page. I put this information here to dissuade others from including this Thomas in the family of this page.
Pain, Thomas, St. Mary's Co.,31st May, 1731; 16th Nov., 1731. To 3 sons Henry, Thomas and James, lands leased for 61 yrs. of John Baptist Carbery; 1/3 pt. next Deap Spring br. and Thomas Thomas' br. to son Henry, 1/3 next to Bryery's br. and Mr. Carbery's n. line to son Thomas, and 1/3 being dwell. plan. to son James (after decease of wife Tecla, extx.). Test: Robert Drury, James Thompson, Leonard Pain. 20, 258.
1753, Sept 3 - Isaiah Payne receives a land grant of fifty acres for "Isaiah's Choice" in Dorchester County, Maryland. [Coldman. page 211. Ref. YS*/678;BC11/242]
1756, Sept 16 - Daniel Payne files a land grant of fifty acres for "Hog Pen Landing" in Dorchester County, Maryland. Ref. BC10/266;BC11/242 [Coldman page 211]
source:
Bradbury, Patsy Todd. The Paynes. P. Bradbury, 8645 Wheeler Rd., Woodstock GA 1985 Brown, June D. Abstracts of Cecil County Maryland Land Records 1673-1751. Heritage Books, Westminister, MD 2008 Coldman, Peter Wilson. Settlers of Maryland 1751-1765. Genealogical Pub., Maryland 1996 Cotton, Jane Baldwin and Henry, Roberta Bolling. Calendar of Wills from 1635 (Earliest probated) to 1685. Kohn & Pollock, Pub. Baltimore, MD. 1904. LDS records of England Births and Christenings, 1538-1975, http://pilot.familysearch.org Maryland State Archives. online http://aomol.net/ Meyer, Debra. Common whores, vertuous women, and loveing wives. Free Will Christian Women in Colonial Maryland. Bloomington: Indiana University Press, 2003. Payne, Dick. records and coorespondence. 10/31/10 rpaynegen@yahoo.com Payne, Patrick A. home page http://home.earthlink.net/~ppayne1203/poa/
Events
| Birth | 15 Oct 1625 | Petworth, Sussex, England |  | ||
| Christen | 27 Oct 1625 | Petworth, Sussex, England | | ||
| Marriage | Abt 1650 | Jane Smallpiece | |||
| Will | 12 Mar 1672 | St. Jerome's, St. Mary's County, Maryland |  | | |
| Death | 23 May 1673 | St. Jerome's, St. Mary's County, Maryland |
Families
| Spouse | Jane Smallpiece (1626 - 1675) |
| Child | Isaac P. Payne ( - 1713) |
| Child | Joseph Payne ( - ) |
| Child | Mary Payne ( - 1674) |
| Child | Sarah Payne ( - ) |
| Child | Elizabeth Payne ( - 1677) |
| Child | Hannah Payne ( - ) |
| Child | Rachel Payne ( - ) |
Notes
Will
The will of Thomas Payne, dated 12 Mar 1672, names his wife, Jane, two sons: Isaack and Joseph, five daughters: Mary, Sarah, Elizabeth, Hanah and Rachell. The daughters are all apparently under the age of 17 because Thomas writes that they are to receive their inheritance "Tenne head of female Cattle apiece, at the age of seventeen years or at the day of Marriage." The sons are not yet 18 years old. Thomas writes, "in case either dy before he happens to arrive to ye age of Eighteen years..." Thus all of the children were born between 1656 and 1672.Executors: Nathaniell Garrat, John Smallpiece [probably his brother-in-law John Smallpeece] and John Renolds (or Reynold).
Endnotes
1. "England Births and Christenings, 1538-1975," index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/JMPL-9B2 : accessed 06 Sep 2013), Tho Payne, 15 Oct 1625..
2. "England Births and Christenings, 1538-1975," index, FamilySearch (https://familysearch.org/pal:/MM9.1.1/JMPL-9B2 : accessed 06 Sep 2013), Tho Payne, 15 Oct 1625..
3. "Maryland Register of Wills Records, 1629-1999," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1942-25106-32302-88?cc=1803986&wc=SF9V-C6D:146536401,149079501 : 20 May 2014), St. Mary's > Will books 1658-1732 vol PC1 > image 18 of 372; Hall of Records, Annapolis..