Thomas
Payne/Paine
Family
Maryland
Thomas Payne/Paine
b. Oct 15, 1625 Petworth, Sussex, England
christened: Oct 27 1625 Petworth, Sussex England
d. 1673 Saint Jerome's Thickett, St. Mary's, Maryland
m. Jane Smallpiece
about 1650
b. 14 Aug 1638 Cranley, Surrey, England
d. abt 1673 St. Jeromes Thicket, Saint Marys, Maryland
sister of John Smallpiece
in
Maryland
her father: probably Edward
Smallpeece (b. before 1622 England)
her mother: possibly Alice
Farley
father - unknown
mother -
children of Jane Smallpiece
|
Isaac
Payne
|
b. before 1656 "of St. Mary's County, Maryland"
(under 17 in 1675) |
d. 1713 St. Mary's, MD
|
m. Sarah Smith
abt 1670 St. Mary's,
MD(sister of Henry Smith)
|
| Joseph Payne |
b. abt 1664
(under 17 in 1675)
|
|
|
| Mary Payne |
b. 1631-1661 England
(under 17 in 1675)
|
d. 1675 [Women's Career Rec.] |
m. |
Elizabeth Payne
|
b. 1631-1661 England
(under 17 in 1675)
|
d. last record 1677 [Women's
Career
Rec.]
|
|
| Dorothey Payne |
b. 1631-1661 England
(under 17 in 1675)
|
d. apparently died bef.
1673
|
|
Sarah Payne
|
b. 1631-1661 England
(under 17 in 1675)
|
d.
|
m.
|
| Hanna Payne |
b. abt 1664
(under 17 in 1675)
|
d.
|
m.
|
Thomas Payne
|
b. 1631-1661 England
(under 17 in 1675)
|
d. apparently died bef.
1673
probably in Sussex, England
|
|
| Rachel Payne |
b. (under 17 in 1675) |
d.
|
m. Arthur Kerse
|
Dorothy and Thomas don't show up on the will of Thomas Sr. in
1673 so I
assume they died.
All others are included in the will.
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. Captain 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 corresponds 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 extreme
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 their children be minors after 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 tress-
passe 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 ffeb
ruary 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 correspondence. 10/31/10
rpaynegen@yahoo.com
Payne, Patrick A. home page http://home.earthlink.net/~ppayne1203/poa/
Payne DNA project results - http://papayne.rootsweb.ancestry.com/dna-project/
records at http://papayne.rootsweb.ancestry.com/dna-project/pedigrees/surnames.html
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
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