John Payne

Notes:

See pages 44-51 of "The Paynes of Virginia" for more information on John Payne, Sr. He appeared to be a ship owner, as he was paid for provisioning and transporting Burgesses from Lancaster to James Town. He may also have been a carpenter, as in 1656 the county court ordered him to make for the county one pair of stocks and a whipping post.

His date of birth is approximate and is based on an affidavit concerning delivery of pork to Jamestown which states his age as "44 years or thereabouts". This was probably a visual estimate of a Clerk of the Court rather than based on his own oral evidence.

As suggested by the comparatively late date of the Court records relating to his two younger sons, it is not improbable that he was married twice, and that Margaret was his second wife. John Payne had the following children--Richard, John, William and George. It is believed that he had also one or more daughters; but since his will cannot be found, although it is recorded that he made one, it is practically impossible to identify any such daughters.

(Medical):Y DNA Results, FTDNA Haplogroup:

R1b1

A direct male descendant volunteered to have his DNA tested. The results can be found at www.ysearch.org, under the user ID #B3C9R, and the FamilyTreeDNA Kit number is 48173.

More information can be found at the following website, part of the PAYNE DNA, which can be found at the following URL:

http://papayne.rootsweb.com/dna-project/

The kit was #48173, and this Payne group was assigned to lineage 16.

The members of R1b are believed to be the descendants of the first modern humans who entered Europe about 35,000-40,000 years ago. Those R1b forebearers were the people who painted the beautiful art in the caves in Spain and France. They were the contemporaries (and perhaps exterminators) of the European Neanderthals. R1b is the most common Y haplogroup in Europe - more than half of men of European descent belong to R1b. Fourteen of the 30 most common haplotypes in the YSTR.org database are typical of R1b.

Family/Spouse: Margaret ???. Margaret was born about 1619; and died. [Group Sheet] [Family Chart]

Notes:

Brooke Payne noted that some private records show Richard as being born on 12 May 1633 at Round Towers, Northumberland County, Virginia. However, he doubts that there were any English settlements in the Indian District of Chickacoan, from which Northumberland was later created, that early. Therefore the date and location are suspect. However, that John Payne did have a son named Richard is evidenced by the deed by John Payne to his son Richard in 1655 of a heifer named Coll, and by a later deed by Richard Payne to George Payne (his brother) in 1696 of 60 acres on the north side of Pepetick Creek, given by John Payne to his son Richard. Barring these two deeds, there is a complete absence of Court records relating to Richard.

He left two sons, William and John. (Payne, p. 53)

Family/Spouse: Unknown. [Group Sheet] [Family Chart]

Notes:

His wife, Anne, was the daughter of Col. John WALKER of Ra. Co.

The earliest record relating to John Payne was filed 10 November 1655, noting a gift by his father to the latter's sons Richard and John, Jr of two heifers named Coll and Stiwelin respectively.

On March 23, 1670, John Payne Sr. and his wife Margaret made a deed to their daughter-in-law Anne Payne, widow of their son John, of the land whereon she was living "to occupy, possess, and enjoy the aforesaid dividend during the minority of the child or children now in her womb..." The unborn child referred to was Elizabeth, born in 1670. (Payne, pp. 54, 55).

John married Anne Walker about 1668. Anne was born about 1652; and died. [Group Sheet] [Family Chart]

Notes:

The earliest recognized court reference to William Payne (b. ca. 1652) is found in Rappahannock County in 1673, when "William Payne, son of Mr. John Payne", recorded the earmark of his cattle---"three slits in each ear, and the middle slit cropt." This refence and the composite of the 17 traditional versions abstracted int he Introduction under the title of Genesis of the Virginia Families, particularly the 6th and 10th, taken in conjunction with the fact that the 1673 reference cannot be made to fit any other William Payne found int he Northern Neck records of this period, and that the McCartys, Lees, Fitzhughs, and Popes continued to be neighbors of or to intermarry with the Paynes of Leedstown and their descendants, are accepted by Brooke Payne as satisfactory proof of the identity of the said William Payne as the son of John Payne. Particularly convincing to the author is the fact, shown by documents referred to in Version 10 and still preserved in the family, that Captain William Payne (b 1755) recognized his relationship to the Paynes of Fairfax County near whom he lived.

According to the PAYNE'S OF VIRGINIA, William was a merchant, planter, Justice, and probably shipowner. Mr Payne was apparently acquainted in England with merchants whom he represented in Virginia. He was probably the Captain Payne who in 1680 delivered letters from England to Col. William Fitzhugh of Westmorland County.

His will (dated 31 Jan 1697/8) referred to money that he had on deposit in Newcastle [England].

William married Francis ??? in 1688 in Westmoreland County, Virginia. Francis was born before 1652; died about 1690. [Group Sheet] [Family Chart]

William married Elizabeth Pope in 1691 in Westmoreland County, Virginia. Elizabeth (daughter of Humphrey Pope and Elizabeth Hawkins) was born in Jun 1667 in Virginia; died in 1716 in Westmoreland County, Virginia. [Group Sheet] [Family Chart]

Notes:

In 1675, George witnessed a deed in Rappahannock County by Margaret Warren of land on Pepetick Creek adjacent to John Payne. In 1694, he served on a grand jury, and in 1696 he was involved in a case wherein two of his servants were ordered to work overtime, having been away without leave. In the same year, his brother, Richard Payne of Richmond County deede to him 60 acres on the north side of the of Pepetick Creek. In that same year he was witness and attorney for his nephew William Payne of Lancaster county,

George's will and subsequent court records show that he had five children, George, John, Thomas, William and Jane. It made no reference to his wife; leaving all his land to be divided between his two oldest sons George and John. Should either die, his part was to go to his son Thomas, who was also left a negro named Ginnie. His "father Thomas Pace" and his "brothers George White and Daniel White" were named as executors.

Thomas Pace, Gentleman of Rappahonock County was married to Jane, the widow of Thomas White. It was a daughter of Thomas and Jane White, name unknown, who married George Payne. Therefore, Thomas Pace is actually his stepfather-in-law, and George and Daniel White were his brother-in-laws.

Family/Spouse: ??? White. ??? was born before 1674; and died. [Group Sheet] [Family Chart]

Notes:

Married Susannah MERRIMAN @ 1684 in Lc. Co.. The continuous records of tithables in Lc. Co. show no Paynes in the lists from 1666 to 1694. The first appearance of any Payne in the records of Lc. Co. after this period was on 18 Dec 1695, when William Payne was charged with 8 tithables. Prior to this date he lived in Sittingbourne Par., Ra. Co, which was split up in 1692 into Ri. and Es. Cos.

2 Dec 1695 John Payne of Ri. Co. deeded to his "brother William of Lc. Co. 50 a. in Ri. Co. which was left to grantor by the will of his grandfather."

The will of Richard Merriman of White Chapel Par., dated 8 Apl. 1696 (10 Jany 1697), left "to my beloved son and daughter William and Susannah Payne my present dwelling and all my in forest by name of Islington." She was his only child.

William and Susannah had 7 children: William, Richard, Susannah, Margaret, John, George, and Catherine. After William's death, Susannah married (2) Hugh LADNER "of the Par. of St. Mary's White Chapel, Gentleman" who was a widower. His will, dated 8 Oct. 1708 (12 Jany 1709), named his wife Susannah and his "son-in-law (stepson)" William PAYNE as executors. (Payne, pp. 57 - 58).

William married Susannah Merriman about 1684. Susannah was born before 1666; and died. [Group Sheet] [Family Chart]

Notes:

Lived in Richmond County, and often confused with his nephew John who also lived in Richmond after he came of age. John deeded land to his brother William in 1695, with no signature or acquiescence of a wife. Brooke Payne was not able to account for him after 1702. He speculated that it was possible he was the same John Payne that died in St. Anne's Par., Es. Co., 1711, leaving the widow Susannah. There is no evidence that the John Payne of Es. Co. left any children. (Payne, pp. 58, 59).

Notes:

A deed in Middlesex County dated 7 Apl 1690 recites that Henry THACKER of Christ Church Par. had m. Elizabeth daughter of John Payne, Jr. They had seven children. (Payne, p 59).

Family/Spouse: Henry Thacker. Henry was born before 1670; and died. [Group Sheet] [Family Chart]

Notes:

According to THE PAYNES OF VIRGINIA, "Vincent Cox [ca. 1704 in Westmoreland County, VA], m. Anne Payne and d. 1712 leaving a will naming daus. Winifred and Anne. To Winifred he gave a slave named Garter, who had been left to her mother Anne Payne in William Payne's will, and a diamond ring that had belonged to said Anne Payne."

Notes:

His will dated 20 June 1769 (16 Sept 1776) named his sons in the order William, Edward, Sanford, and John, and mentions his wife and daughters, but not by name. His wife was to live on the plantation on which he lived if she so chose, otherwise, his son Edward was to possess it. Edward was named as sole executor, and was to have the care and education of testator's son John. (Payne, The PAYNES OF VIRGINIA).

William married Alicia Jones on 1 Feb 1712 in Richmond (Independent City), Virginia. Alicia (daughter of Edward Jones and Alicia Samford) was born about 1686; died on 31 Oct 1760 in Fairfax County, Virginia. [Group Sheet] [Family Chart]

William married Anne Jennings on 1 Mar 1763 in Fairfax County, Virginia. Anne was born on 28 Feb 1738; died on 11 Dec 1827. [Group Sheet] [Family Chart]

Notes:

His father's will dated 31 Jany 1697/8 referred to him as his second son, and left to him 700 acres. In 1702, Daniel McCarty and wife Elizabeth (Edward's mother) applied for administration of the estate of "Edward Paine, deceased, son of William and Elizabeth Paine".

Notes:

Her father's will dated 1697/8 referred to her as under sixteen. She m. John Sturman of Cople Parish, Westmoreland County. The will of her stepfather, Daniel McCarty, dated 1724, bequethed her a Bible and expressed the wish that she make good use of it. The present non-original record of this will names her as Elizabeth Sherman, which name, according to contemporaneous records of Westmoreland County, clearly should be Sturman.

Family/Spouse: John Sturman. John was born before 1695; and died. [Group Sheet] [Family Chart]

Notes:

Her father's will dated 1697/8 referred to her as under sixteen; on reaching that age she was to receive 20,000 #. The will of her step-father Daniel McCarty dated 1724 referred to her as Mary Burns, and gave her a Bible with the hope that she would make good use of it. The records of Westmoreland County fail to throw light on her history, or to furnish any suggestion as to her husband's first name. (Payne, p. 231).

Notes:

In 1711 his father's will left him 120 a., a two-year old heifer, a horse called Brandy, and an equal share of testator's personal estate. In the same year Anthony CARNABY was appointed as his guardian; two years later John JENNINGS became his guardian. 1715 he became of age, as evidenced by law suits. He and wife (1) MARY sold land in 1718 to John JENNINGS that was left to grantor in his father's will. 1724 he was appointed Under Sheriff of Ri. Co. 1742 he was Admr. of estate of George LEWIS. 1746 in the settlement of his estate, payment was made to Meredith Payne, and an infant child of George Payne's was referred to but not named. His personal estate was valued at 178 pounds and included, among many other items, one white servant, one negro, furnitue, books, cattle, sheep, horses, hogs, farm implements, etc. His widow (w. 2) MARTHA married John PEYTON in 1746. (Payne, p. 370).

Notes:

1711 his father's will left him 120 a., a horse called Whipster, and an equal share of testator's personal estate. 1719 John JENNINGS and John PAYNE, Planters, sold to Nicholas SMITH, Gent., of Sittingbourne Par., land "once in the possession of John PAYNE and w. Margaret, grandparents of the present granto John Payne, and given by the will of the said grandfather to his sons John and George; this land lay on Pepetick Creek adjacent to Nicholas SMITH and near Humphrey QUESENBERRY's mill in the head of a swamp called PAYNE's Beaver Dam."

By 1732, he married Anne JONES in King George County, as shown by his signed statement. John PAYNE had several children, the oldest being George, named in his lease 1737/8; and two others--Reuben and Francis--name in his will. That there were still others is clearly implied in this will. The records of the following only are detailed in Brooke Payne's book, George, Reuben, Francis, and John. (Payne, pp. 370-371).

Notes:

No record of his marriage or death. 1700 his father left him a negro Gennie, an equal share of his personal estate, a gray mare about 4 years old, and made him the heir of testator's sons John and George, should either die without issue. In 1713, Thomas PACE stated to the court that Thomas, William and Jane Payne, orphans of George Payne, had been under his care since the death of their father, and the profits from their part of the estate were so small they would not maintain them; upon which the court ordered them to serve said PACE and his present wife. In 1714 he was bound instead ot George WHITE (with the consent of Thomas PACE) until he was twenty-one, said WHITE agreeing to teach Thomas the trade of a carpenter. In 1721 he sold a slave Ginnie to William JENNINGS. 1722 he was paid by the court for guarding prisoners and in the same year was a defendant in a suit by Robert HUGHES. This is his last appearance in records, and nothing is suggested as to what became of him. (Payne, pp. 372, 373).

Notes:

He was said to be married twice, first to Mary Jones and second to Mary Ball.

He left a Will dated 18 Nov 1769 (3 May 1770) in which he desired that his estate be kept together in order to raise his children by his "now present wife Mary." The will neames his dau. Lettice and his youngest son Lewis, and appoints his wife Mary and son William as executors. It was witnessed by George CURTIS and Thomas PAYNE. On presentation of the will, the son WIlliam refused to take part in its execution. 1711 his father's will did not name him nor leave him any part of his land. 1713 Thomas PACE stated to the Court that Thomas, William and Jane PAYNE, orphans of GEORGE PAYNE, had been under his care since the death of their father and that profits of their part of his estate were so small that they would not maintain them; whereupon the Court ordered them to serve Mr. PACE--Thomas and William until they were 21, and Jane until she attained the age usual for girls in such a case; that Mr. PACE teach them to read and write and some handicraft; and that at the expiration of their service said PACE pay them as required by law of indentured servants. 1715 he was bound to William JENNINGS until 21 to be taught the trade of carpenter and to read the Bible through; and at expiration of his time he was to be paid what the law allowed indentured servants. 1727 he was paid by the Court for capturing a runaway negro. 1732 he signed a statement that he had married Mary JONES and had received full share of her father's estate. (Payne, pp. 373-374).

It has not been possible to discover that number and names of all of William PAYNE's children; his lease and his will name only five of them, while the latter implies that there were several unnamed minors. For correspondence, and Court records, and private family histories it has been determined that he had a least 8 sons and 4 daughters. (Payne, p 375).

William married Mary Jones before 1732 in King George County, Virginia. Mary was born before 1712; died before 1750. [Group Sheet] [Family Chart]

Notes:

No record of her marriage or death. 1724 George and Daniel WHITE were ordered to answer her petition made by her "nearest friend" John JENNINGS, and to pay John JENNINGS 735 # for her use. This order is recorded in King George County. There is no other identifiable court reference to her. (Payne, p. 375).

Notes:

Died young.

Notes:

"He was five feet, five inches tall, quite slender, not a military man at all, though Washington Irving said that he did more than any other man to keep up the financial end of the army in Virginia."

There was to be a meeting, in the Fall of 1755, in Alexandria, Fairfax County to chose a delegate to represent the county in the House of Burgesses at Williamsburg. As it rained on the particular day appointed Col. George Washington (23), who was just a few month's "flush with the laurels of Braddock's Field," assumed that the meeting would be postponed. Washington's regiment at the time was still at Fort Cumberland. Next day he showed up for the meeting and was outraged that it had in fact gone ahead and that the assembled gentlemen and planters had made a selection without him being present. There was a heated argument between him, representing the losing candidate, and William Payne, representing the successful. In impetous anger the Colonel referred to William Payne as something other than a southern gentleman. The small and slender William (31) instantly took his hickory walking stick and lashed out in the public square. He knocked George Washington down. Washington's officers immediately whipped out their cold irons. Washington stopped any further developments. This settled the matter for the day. Next day Mr Payne received a polite message that Washington wanted to meet him at a certain tavern nearby. He went with the feeling that there was to be a challenge to a duel. Greeting him in a friendly way Washington ushered him to a table at the back where there was a bottle of wine. He apologised for what he had said, saying he had no right to speak like that. William was deeply moved. Where upon the two men drank toasts to each others health and became friends. Some time later William visited Washington's home at Mt. Vernon. Washington introduced his wife, Martha, to the man who, he said, had the courage to attack him even though he, Washington, was a much bigger man." (Excerpted by Ken Harvey from THE PAYNES OF VIRGINIA, based on Parson Weems's "Life of Washington.")

William married Susannah Clark on 3 Feb 1747 in Pohick Church, Truro Parish, Virginia. Susannah was born on 17 Dec 1721 in Prince William County, Virginia; died on 22 Feb 1771. [Group Sheet] [Family Chart]

Notes:

In 1755, on an expedition against the Shawnee Indians, Ensign Edward Payne marched with an outfit commanded by Capt. Lewis Elzey to Winchester. Members of the party had enlisted to serve 30 days. No relief arriving at the expiration of that period, some of the officers and enlisted men chose to leave. Among the group that left was Ensign Payne. Therefore a subsequent claim for compensation for this service was rejected. He later served as a Church Warden, Justice of Fairfax County, and Sheriff. In 1782 he was recorded in the Virginia Census as head of a family consisting of 8 whites and 26 blacks.

Col. Edward Payne was a member of the Danville (Ky.) Convention on 23 May 1785. Kentucky was finally separated from Virginia in 1792 after seven such conventions. Edward was a member of the Kentucky Constitutional Convention and Senatorial elector for Fayette County.

Edward married Ann Holland Conyers on 27 Feb 1749 in Overwharton Parish, Stafford County, Virginia. Ann was born on 23 Aug 1728 in Stafford County, Virginia; died on 11 Jan 1806. [Group Sheet] [Family Chart]

Notes:

His will was dated 7 April 1787 (17 Dec 1792) Fairfax County, Virginia and named his wife and 8 children. (Payne, The PAYNES OF VIRGINIA).

Family/Spouse: Abigail Lay. Abigail (daughter of Abraham Lay and Sarah Grymes) was born about 1730; and died. [Group Sheet] [Family Chart]

Notes:

Moved to Kentucky in the mid 1780's. He was arrested by Colonel Levi Todd on 6 September 1786 and threatened to be treated as a deserter until he furnished a substitute for his service. He settled in Scott County at Payne's depot near Georgetown. The Magazine of the Kentucky Historical Society refers to him as General John Payne, and states that he commanded Kentucky troops in the first expedition against the Indians in 1812. He was a State Senator from Scott County from 1830-1832.

According to his son, Asa, he died after being thrown from his horse.

Westerfield's book of Kentucky Genealogical and Biographical Sketches states that he was in the Virginia Militia, and present at the surrender of Lord Cornwallis, soon after which he settled in Kentucky; was active in the Indian wars on the frontier; a general in the war of 1812, a State senator, a farmer and large slave holder, and died in 1837.

John married Elizabeth "Betsy" Johnson on 28 Jun 1787 in Georgetown, Scott County, Kentucky. Elizabeth (daughter of Robert Johnson and Jemima Suggett) was born on 10 Apr 1772; died after Jul 1846. [Group Sheet] [Family Chart]

Notes:

Married a Mr. Riley. The will of her half-brother, William, bequeaths to his "half-sister Milly Payne" one cow and one calf to be cared for by her brother John Payne until she marries of becomes of age.

Notes:

His will dated 25 Apl 1811 (27 May 1811), provides for his wife but she is not named; six children are named. 1763 there were three suits agains him in Fq. Co. 1767 he leased from Lord Fairfax 100 a. in the Manor of Leeds on W.S. of Cobler Ridge, Fq. Co., naming sons William and Augustine.

Family/Spouse: ??? Floweree. ??? was born after 1736; and died. [Group Sheet] [Family Chart]

Notes:

Married Anne PANNELL, and had four children. 1775 he leased land form Lord Fairfax 166 a. in the Manor of Leeds, Fq. Co., adjacent to Francis Payne during the lives of his w. Anne and son Frank. 1780 his widow was granted administration of his estate. (Payne, p, 379).

Notes:

Married Sarah GLENDENNING, died in Fq. Co., leaving a will dated 29 July 1830 (23 Jany 1832). 1769 He witnessed his father's will. 1771 he leased from Lord Fairfax 200 a. on Naked Ridge in the Manor of Leeds, Fq. Co., during the lives of his w. Sarah and dau. Nancy. He lived and died on land near Carter's Run adjacent to Joseph Smith and John Walden. He owned 42 slaves. His will named seven children. (Payne, p 380).