An Argument in support of Family Tradition New evidence indicating that John Payne (ca. 1615-1689/90) of Westmoreland County, Virginia, (founder of “The Paynes of Virginia”) descended from the Huntingdonshire Payne Family



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H.C.A. 13/26 (1586-8)

263. 11 May 1587. Deposition of Ralph Hurte of Bristol, grocer, aged about 49. He utterly denies that he knew of any ship that arrived at Civerne laded with raisins, cochineal or other goods, until he came to this city. But he has heard that William Davys [see 279] of the Forest brought raisins out of Ireland to Bristol which were sold to divers persons whose names he knows not. See also 264. [f. 249v]


264. 11 May 1587. Deposition of Thomas Morgan of Barrow, Somerset, gentleman, aged about 35. As for 263. He denies receiving any goods from captain John Waddon, out of the WHITE LION. But he confesses that one PAYNE, a gentleman, who came from Ireland, as he said, was aboard Waddon and bought various goods. [ff. 249v-50]
H.C.A. 13/27 (1588-9)

279. 28 April 1588. Deposition of William Pinner alias Charitye of Chepstow, Monmouthshire, merchant. That he has heard that William Davis [Davys- see 263], one Weekes, and one PAYNE, bought about 300 pieces of raisins off a man [Waddon] of war in Ireland, and brought them to Bristol where most part thereof were sold. And the said Davis told this examinate that he had delivered £20 to the man of war for certain cochineal, and that they came away with both money and goods. See also 280. [ff. 161v-2v]


280. 14 May 1588. Deposition of Edward Silvester. As for 279. [ff. 181-2]
H.C.A. 13/48 (1629-30)

775. 24 April 1629. Deposition of Valentine PAYNE [also found in Virginia records as Florentine?] of Strangford, county Down. Within the time articulate a Holland ship, of about 100 tons, laden with French wines and chestnuts, was brought into the port of Strangford. And the ship had the WHEEL OF FORTUNE in her stern, and was so called by Balthazar Cramer, a Dutchman, who inquired after the ship, and who found her in Audley’s road, in Strangford harbour. And the said ship is now riding in the river Thames, a little below the Tower of London. And the ship was one of several brought into Strangford by captain Daynes. See also 788. [f. 134]


788. 7 May 1629. Deposition of Valentine PAYNE of Strangford, county Down. As for 775. That the first schedule, now shown to this examinate, is a true account of all the wines and other goods brought into Strangford haven by captain Daynes, in the WHEEL OF FORTUNE and the GREEN GRIFFIN. And this examinate sold the goods, except some chestnuts which were rotten, and was accountable to Daynes for £1,335 19s. 4d. for the proceeds of the goods.
And the second schedule is a true account of the money of all the goods taken in the two ships, which came into this examinate’s hands. And the £110 and £18 14s, mentioned in the schedule, were paid to Sir Edward Bagshawe by Sir Matthew De Renzi (at the direction of the examinate), for the lord admiral’s tenths and the kind’s fifteenths. But about ten days since Bagshawe confessed to this examinate that he had not paid the tenths, nor would he (he then said), for fear he should be questioned for the same. And for this reason this examinate believes that the money is still in the hands of Bagshawe. [ff. 252-2v]
H.C.A. 13/50 (1632-34)

925. 26 August 1633. Deposition of Isaac Pouwelson of Rotterdam, merchant, aged about 35. The ST. JACOB of Rotterdam, of 90 tons, was bound from thence towards Dublin laden with salt, wines, deal boards and other goods to the value of at least £300, belonging to this examinate and company. And on 17 July last past (new style), as she was riding before the quay of Bullock, by Dublin, and all her company ashore (except two men and a boy), she was taken by an English ship, said to have come from London. And this examinate, being ashore at Dublin when the ship was taken, was told that the ship was of Weymouth, and her captain’s name was PAYNE. [ff. 405, & 405-5v (399, & 399-9v)].


H.C.A. 13/50 (1633-34)

950. 26 March 1634. Deposition of Hendrick Albertson of Rotterdam, mariner, aged about 36. In August last past the FORTUNE of Hoorn, laden with some corn, was seized lying at an anchor under, or near, the castle at Carrickfergus, by a French built ship called the TRUELOVE, whereof Thomas Gaynor was captain. And the said Gaynor was assisted by a ship called the ST. JACOB. And captain Gaynor carried the FORTUNE to the Isle of Man, and there sold some of her cargo, and fitted the ship out as his admiral. The TRUELOVE, and another Dutch ship taken at Carrickfergus, were left at the Isle of Man. Gaynor then departed in the FORTUNE, in company with the ST. JACOB, but after one or two nights they lost sight of each other. And this examinate was formerly boatswain of the ST. JACOB, before she was taken. See also 951, 958, 961, 963. [ff. 682v-3 (678v-9)]


951. 26 March 1634. Deposition of John Joppen of Rotterdam, lately cook’s boy aboard the ST. JACOB of Rotterdam, aged about 15. As for 950. [f. 683 (679)]
H.C.A. 13/51 (1634-5)

958. 4 July 1634. Deposition of John Saers. As for 950. This examinate was one of the company of the TRUELOVE of London, which was set out from London in May last was twelve months, as a man of war, chiefly by George Rookes of London, merchant, and Mr. Polhill of Weymouth, merchant. And the TRUELOVE left London, with about 28 Englishmen in her under the command of Thomas Gaynor. And another eight or nine men were taken in at Weymouth. Thereafter, they seized the ST. JACOB in the Bay of Dublin, and two ships in the Bay of Carrickfergus. And this examinate was lying sick in his cabin when the two ships were taken, and so could not see if any boats or soldiers were set out from Carrickfergus to rescue them, nor hear if any shot was fired from the castle in their defence.


And this examinate has heard some of the TRUELOVE’S company say that Gaynor had a commission from England to take pirates and Turks, and another commission from Spain or Dunkirk to take Hollanders. [ff. 54v-5v]
H.C.A. 13/51 (1634-35)

961. 5 August 1634. Deposition of Nicholas PAYNE of Dover, clothworker, aged about 50. As for 950. This examinate was purser aboard the TRUELOVE. The ST. JACOB was taken in Dublin Bay, about 20 July 1633. And the FLYING HEART of Amsterdam, and the FORTUNE of Hoorn, were taken about 10 August 1633, at Carrickfergus. And the FORTUNE was taken with 300 barrels (Irish measure) of barley, oats, and malt, and some butter. And there were also some rix dollars and other money aboard her.[ff. 69-70v] [NOTE: In 925, the deponent said the captain of the ship [TRUELOVE] that took the ST. JACOB, was named PAYNE. Nichlas Payne, was a purser on the TRUELOVE, Thomas Gaynor was captain].


963. 8 August 1634. Deposition of John Dennis of Plymouth, mariner, aged about 23. As for 950. This examinate was one of the carpenter’s mates aboard the TRUELOVE.[ff. 85v-8v]
H.C.A. 13/52 (1635-37)

1006. 23 January 1636. Deposition of Hugh Bullocke of All Saint’s parish, Barking, London, esquire, aged about 59. A deposition concerning the voyage of the JOHN and DOROTHY, in which this examinate came a passenger, from Virginia to London. Contrary to the good will and liking of this deponent, John PAYNE, captain of the ship, brought the JOHN and DOROTHY into Galway. And if PAYNE had but kept the seas he might have reached the coast of England in another twenty four hours. And when the ship came to the height of Brandon Hill, in Ireland, there was enough provision aboard the ship for another fortnight. See also 1016, 1018, 1020, 1027, 1028, 1031, 1035, 1039, 1045, 1046, 1049, 1055, 1056, 1072, 1073, 1165, 1381. [ff. 259-9v (260-60v)]


1016. 4 March 1636. Deposition of Ambrose Calthropp [passenger?] of St. Dunstan’s in the west, London, gentleman, aged about 33. As for 1006. After the JOHN and DOROTHY came into Galway the said John PAYNE went to Dublin, it was said, and stayed away from the ship for five or six weeks. Thereupon Burley [master] said that he could bring away the ship for England, and leave PAYNE behind in Ireland. And for that, PAYNE laid an action of £1,000 upon Burley, on his return to Galway, and caused him to be arrested and put in prison.
And after the arrival of the ship at Galway PAYNE took 12 or 14 rolls of tobacco ashore, and sold them to put money in his purse to carry him to Dublin. And after his return from Dublin he sold much more of the tobacco out of the ship, amounting to more than £200 in value, on several occasions. And this deponent heard that PAYNE had sold all the ship’s lading of tobacco to one Weale and some merchants of Dublin for 12d per pound. And PAYNE was to have the freight and custom thereof, and was to deliver the tobacco at Dublin, where there was £1,000 in ready money waiting for him. But before the rest of the tobacco was delivered Joseph HAWES, one of the reputed owners of the ship and goods, came to Galway and made stay of about 40 hogsheads of tobacco then in the custom house. But PAYNE got some of the tobacco out of the custom house, without HAWE’S consent and sold the same. And the rest of the goods are yet remaining in the custom house. [ff. 315-6 (316-7)] [NOTE: Ambrose Calthropp was a son of Martin Calthropp of Antingham, Norfolk, and Elizabeth Smith. He was a nephew of Sir John Packington, who was a grandson of Sir Thomas Kytson, who Henry Payne of Hengrave, Suffolk, served as bailiff. Since these records clearly show that John Payne was closely associated with George Payne- who bought John’s ship and was a brother-in-law of John’s partner, Joseph Hawes, the question is to which Payne family did John and George belong? The only answer that appears feasible is that they were sons of Sir Robert Payne of Huntingdonshire who is known to have had a son by the name of George, and two sons whose names are not known. The family also appears to have had ties to the Hawes family, which would explain George’s marriage to Rachel Hawes, sister of John’s partner, Joseph Hawes. George was not only a brother-in-law of Hawes. He, like John, was also a partner.]
1018. 12 March 1636. Deposition of Richard Glascock [passenger?]of the parish of St. Giles without Cripplegate, London, tailor, aged about 60. As for 1006. [ff. 326-6v (327-7v)] [See Cavaliers and Pioneers, vol. I, under Richard and Thomas Glascock. Richard Glascock appears as a headright in a patent to Richard Bennett, 26 June 1635[p. 23], on the same page, and only two days after, the patent to Adam Throughgood after his arrival on the John & Dorothy. Richard Glascocke appears [twice] as a headright to Richard Bennett again in Upper Norfolk County on 19 Aug. 1637. Also named in this patent [an addition of 350 acs] were: William Ford, John Jolly, Robert Farthing, James Willett & John Robinson [p. 66] Thomas Glascock patented land Aug. 30 1643 adjacent to Christopher Boyce [p. 146], who also gave a deposition in the case against John Payne of the John & Dorothy [see next record below].
1020. 7 April 1636. Deposition of Christopher BOIES of Blunt [passenger?] Point, Virginia, gentleman, aged about 38. As for 1006. [ff. 348-8v (349-9v)] [See patents in C&P, vol. I, issued to Samuel Mathews, p. 33, 116, etc]
1027. 27 June 1636. Deposition of Samuel LEIGH of Wapping, mariner, aged about 37. As for 1006. This deponent was one of the master’s mates aboard the JOHN and DOROTHY. The tobacco was sold by PAYNE to Weale and partners, as the latter testified before Sir George Ratcliffe, one of his majesty’s privy council in Ireland. But Joseph HAWES, one of the ship’s owners, came over to Ireland, and procured a warrant from the lord deputy to land the rest of the goods, and put them into safe custody. By virtue thereof they were landed and put into the custody of the mayor, and of Sir Richard Blake, one of the aldermen of Galway. [ff. 482A-2Av (486-486v)] [Samuel Leigh, son of Joos Leigh of Leiden, Holland, was married to a Mary Nash. Hugh Bullocke was also married to a Mary Nash. Samuel’s mother, Anne Hungerford, was sister of Sir Anthony Hungerford who had married in 1605, Lucy, daughter of Sir Walter Hungerford of Farlegh Hungerford, Somerset. Lucy was first married, 14 Oct. 1582, to John St. John of Lydiard Tregoze, Wilts., who was a cousin of Dame Elizabeth (Rotheram) Payne, wife of Sir Robert Payne of St. Neots, Hunts. The St. John’s of Bletsoe were supporters of Sir Robert Payne in Parliament.]
1028. 1 July 1636. Deposition of Thomas Burley of Redriff, mariner, aged about 52. As for 1006. [ff. 483-3v (487-7v)]
H.C.A. 13/53 (1637-38)

1031. 31 March 1637. Deposition of Robert SMYTH, one of the messengers of the king’s chamber. As for 1006. In 1635 this examinate took a warrant out of the admiralty court of Dublin, at the direction of Philip White of Wapping, to arrest 12 pieces of ordnance aboard the JOHN and DOROTHY then lying at Galway. The ordnance had been sold to John PAYNE, but he had never given any satisfaction for them. In February the court adjudged the same to White after PAYNE admitted that he had not paid for them. [f. 90v]


1035. 20 April 1637. Deposition of Samuel LEIGH of Wapping, mariner, aged about 39. As for 1006. HAWES, one of the owners of the JOHN and DOROTHY, came to Galway and caused PAYNE to be arrested. But PAYNE then procured a habeas corpus, to remove himself and the cause to Dublin, where the hearing was committed by the lord deputy to Sir George Ratcliffe. And PAYNE acknowledged that he had no order to come to Ireland, but said that he presumed to do so, being captain and part-owner of the ship, because they wanted victuals.
Upon hearing the cause Sir George Ratcliffe told PAYNE the following, vizt. Captain PAYNE, you have come to Ireland contrary to order and sold your merchants’ tobacco without licence from them, you being, as it seems, behind hand or indebted, and thinking (as in the like case you have done heretofore) to get a sum of money into your hands, and then to compound with them as you like. And then Sir George told him that he would have no more to do with the cause. [ff. 103v-4]
1039. 2 May 1637. Deposition of Thomas TAYLER [was in Virginia] of Bristol, mariner, aged about 55. As for 1006. This deponent laded 18 hogsheads of leaf tobacco aboard the JOHN and DOROTHY, in the James River in January 1635. The tobacco was to be carried to London, but the ship sailed into Galway instead. In June 1636 this deponent went to Galway, and eventually got possession of the tobacco, but some of it had been so badly kept that it was rotten. [f. 149]
1045. 25 May 1637. Deposition of Thomas BURLEY of Redriff, Surrey, mariner, aged about 54. As for 1006. In June or July of 1636 this deponent and company, the master and mariners of the JOHN and DOROTHY, procured a commission out of this court for the appraising and selling of the ship. And this deponent carried the commission with him to Galway. But this deponent never had any conferencfe with the articulate GEORGE PAYNE [evidence that John and George Payne had more in common than Joseph Hawes, who was partner of both and brother-in-law of George], or order from him, for the buying of the ship for his use. He was advised by George Martyn, merchant, one of the aldermen of Galway, that he (Martyn) had order from PAYNE to buy the ship for him. But as Martyn was a commissioner nominated for the sale of the ship, he refused to be a buyer, but desired this deponent to buy her for PAYNE’S use. And accordingly this deponent bought the ship. Thereupon Martyn paid him £95, instead of £100, which was ordered to be paid unto him, and the rest of the company, as part of their wages.
This deponent only went to Galway for the sale of the ship, to receive £100 which was decreed to be paid unto him and his company, out of the proceeds of the sale. And Richard KNEVITT was employed by Joseph HAWES and John BEALE to go over with him as an assistant, to gather up the tobacco and other goods belonging to them.
After this deponent had bought the ship at Galway he let it out to freight, for the benefit and profit of PAYNE, to Edward Rochford, to go from thence to Limerick and there to lade goods to be brought to London. And Rochford promised to furnish the ship with all necessaries, if this deponent would sail with the ship to Limerick. And by the covenant made between him and Rochford at Galway, the said Rochford promised to lade and despatch the ship away from Limerick within twenty days after her arrival there. And after the twenty days were passed, Rochford was to pay 40s. for every day that the ship stayed there. And the ship stayed at Limerick for fifty or sixty days before Rochford sent aboard all her lading. Then Rochford came and told this deponent and KNEVITT that he had disbursed £200 for the use of the ship, for victuals, wages and other things. And unless they signed a bill of exchange for so much money upon PAYNE and HAWES, then he would not send and more bread, beer or other victuals aboard the ship, and that he would clap this deponent and KNEVITT into prison there. They were forced to draw such a bill of exchange, and also to bind over the ship to Rochford, that the bill would be accepted. And Rochford became bound to this deponent, for £100, to give him a just account of how he had disbursed the said £200.
And this deponent made two protests against Rochford for non-payment of demurrage for the time that the ship stayed at Limerick beyond the twenty days limited by agreement. Nor did Rochford ever give him an account of how the £200 was disbursed.
As the ship was sailing for London she was cast away at the Isle of Wight. [ff. 196v-7v]
1046. 17 June 1637. Deposition of Richard KNEVITT of the parish of Holy Trinity in the Minories, London, mariner. As for 1006. [ff. 211v-2v]
1049. 26 July 1637. Deposition of James Homwood of Dover, seaman, aged about 40. As for 1006. This deponent was purser aboard the JOHN and DOROTHY. [ff. 284v-5]
1055. 16 November 1637. Deposition of Edward Mullerd of Stepney, armourer, aged about 42. As for 1006. This examinate was steward aboard the JOHN and DOROTHY. [ff. 388v-9]
1056. 9 November 1637. Deposition of John FLOOD, servant of John BEALE, aged about 19. As for 1006. Three-sixteenths of the JOHN and DOROTHY were sold to Beale. But the ship was then arrested in Galway at the suit of Philip White. [ff 407-7v]
H.C.A. 13/53 (1637-38)

1060. 29 January 1638. Deposition of Edward PAYNE of Wapping, mariner, aged about 40. About four years ago this deponent took 74,500 pipestaves aboard the SUSAN and ELLEN of London (whereof he was, and is, master), at Ross in Ireland. And he transported the staves to Madeira and the Canary Islands. If the pipestaves which he took in at Ross had been as small as those pipestaves which are usually laden at Cork, then he could have stowed another 3,000-4,000 more aboard the ship.


That the articulate Robert Edwards asked this respondent whether every 1,000 pipestaves did make 3 tons, whereunto he replied that they are usually accounted so.
And the ship was freighted by Thomas Northey, merchant, for the voyage. And this examinate believes that the said Edwards had some interest in that voyage. That there is a great deal of difference in the quality and sorts of pipestaves laden in Ireland. For some are a great deal thicker and larger than others. And those pipestaves which are laden at Cork are the smallest sort he has ever seen, but are more crooked than the pipestaves which are laden in other parts of Ireland. And unless there be great pains taken in their stowing, they will take up more room. But he says that he never saw the pipestaves which were laden aboard the WILLIAM and ROSE, the voyage in question.
That pipestaves are commonly straight. But some of them are crooked, especially those that come from Cork. But although they be crooked, they may be made to lie straight with careful stowing. And he had never seen any barrel staves stowed in the hollow, or crooked places, of pipestaves. See also 1061, 1062, 1063, 1064, 1069. [f. 458]
1061. 2 February 1638. Deposition of Nathaniel Bradd of Leigh, Essex, mariner, aged about 30. As for 1060. A ship that can carry 115 tuns of wines from the Canary Islands to England, can carry at least 38,000 merchantable pipestaves from Ireland to the Islands if they are stowed well.
In June last this deponent brought 63,000 pipestaves, 10,000 barrel staves (of which 2,000 are commonly accounted to every 1,000 pipestaves in tonnage), and about 10 tuns of tallow, from Ross to London, in the WHALE of London. And these goods made 214 tuns at least, according to the usual account. And yet the said ship could not carry 200 tuns of wines, because pipestaves may be more conveniently stowed than wines.
And about three years ago this examinate was master’s mate of the SUSAN and ELLEN of London. And that 1,000 of the larger sort of pipestaves, such as came from Waterford, will take up as much room or tonnage in a ship as 1,100 pipestaves of the lesser sort, such as usually come from Cork. [ff. 460-60v]
1062. 23 February 1638. Deposition of Edward Barton of Limehouse, mariner, aged about 22. As for 1060. The factor of Robert Edwards at Killazariah did not send any more pipestaves or other goods, aboard the WILLIAM and ROSE, than were carried in the ship thence to the Canary Islands. And this deponent was one of the master’s mates, and saw the pipestaves stove and beaten together. And after the ship had taken in the 32,000 pipestaves she was fully laden, and could take in no more.
And the said Edwards was in no way damnified, in want of tonnage, by the lading of the 3,000 barrel staves by the master. For they were stowed in places where there was no room, or length, for pipestaves to lie.
That the WILLIAM and ROSE was unladen and discharged of the last of the pipestaves on 22 August 1637. And he has heard that the pipestaves were worth £30 or £32 per 1,000, when the ship was at the Canary Islands.
To this examinate’s knowledge there were no other goods laden aboard the ship in Ireland, except the 3,000 barrel staves laden by the master, and a firkin or two of butter and some beef for the ship’s provision.
And the pipestaves were well stowed aboard the ship. And he who stove them affirmed that he never saw a ship of her burden stow so many, and that there were 3,000-4,000 more stowed in her than he supposed she could have taken. And the WILLIAM and ROSE is of 120 tons burden, and that she returned from the Canary Islands with 220 pipes and 10 hogsheads of wines. And she might have brought more home if they had small casks to stow where pipes or hogsheads will not lie. [ff. 529-9v]
1063. 3 March 1638. Deposition of Robert Parker of Ratcliffe, mariner, aged about 25. As for 1060. This examinate was master of the WILLIAM and ROSE. [ff. 538-9v]
1064. 16 March 1638. Deposition of Charles Thorowgood of Ratcliffe, mariner, aged about 29. As for 1060. In July last past this deponent laded 43,000 pipestaves, for his merchant, and 1,000 more, for his own account, about the CANARY MERCHANT in the port of Ross. And this deponent was, and still is, master of the ship. And with those pipestaves the ship was fully laden.
The pipestaves were stowed by two inhabitants of Ireland hired for that purpose. And they were stowed as close as they could lie together. And if he could have taken in more he would have, for the ship was freighted by the 1,000, vizt. he was to have £4 for the freight of every 1,000 pipestaves. And in December last past he returned to London from the Canary Islands with 167 tuns of wines, with which the ship was fully laden.
And this deponent has come to testify at the request of Robert Parker, master of the WILLIAM and ROSE.
This deponent had laded pipestaves in Ireland on three voyages, at Wexford, Cork and Ross. And he has never laded pipestaves by the ton. But when he was at Ross, on the last voyage, he weighed some of the pipestaves as they came to hand, and they commonly weighed between 5-8 lb. each staff.
And he believes that a ship of 120 tons may carry 34,000 pipestaves.
That he arrived at the Canary Islands about the latter end of August last past, where he sold the greatest part of the pipestaves at £30 per 1,000. But afterwards the price fell. And he was told there that the WILLIAM and ROSE had departed from thence for the Western Islands about four days before the arrival of this respondent. And that the pipestaves brought thither in the WILLIAM and ROSE were sold there for £35 per 1,000. But before this respondent left there, they were being sold for £20-£25 per 1,000, and did fall in price every day. But he has lately heard that there is a scarcity of pipestaves again there, so that he believes the price will rise again. [ff. 547v-8]
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