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. 13/54 (1638-39)

1069. 20 April 1638. Deposition of Benjamin Whetcombe of the parish of St. Mary, Woolchurch, London, merchant, aged about 29. As for 1060. It appears by an account now in this deponent’s hands that his brother, Tristram Whetcombe, who lives at Kinsale, laded 32,000 pipestaves in the WILLIAM and ROSE for Thomas Northey of London, merchant. And the said Northey is a partner in trade in many things with the said Edwards. And by another account it appears that Tristram Whetcombe had provided 50,000 pipestaves for Northey. But they ship could not take in any more than 32,000 staves, so that there are 18,000 pipestaves remaining in the hands of Tristram Whetcombe in Ireland. [ff. 66v-7]


H.C.A. 13/54 (1638-39)

1072. 21 June 1638. Deposition of Valentine MUMFORD of Ratcliffe, Middlesex, mariner, aged about 39. As for 1006. This deponent was gunner aboard the JOHN and DOROTHY.[f. 165v (166v)]


1073. 21 June 1638. Deposition of Thomas Burley of Ratcliffe, Surrey, mariner, aged about 52. As for 1006.[f. 166 (167)]
H.C.A. 13/56 (1640-41)

1165. 10 September 1640. Deposition of Thomas BURLEY of Redriff, Surrey, mariner, aged about 50. As for 1006. Within the time articulate George PAYNE was owner of the JOHN and DOROTHY. And this examinate was master of the ship when she was sold at Galway to the assigns of the said PAYNE. This respondent bought the ship at Galway for PAYNE, for £260. And as the ship was bound for London she came aground and broke in pieces near the Isle of Wight. [ff. 223v-4]


H.C.A. 13/239

1381. 3 November 1636. (Galway). William Linch, Thomas Lynch, and George Martin to Thomas Wyan, deputy registrar of the high court of admiralty.


As for 1006. They have received a commission granted out of the court, dated 18 June 1636, upon the petition of Thomas BURLEY and others, mariners of the JOHN and DOROTHY of London, to appraise and sell the ship. And they appraised the ship at £380. But the ship was sold to the largest bid for £265, which was the most that could be got for the same. And Thomas BURLEY bought the ship on behalf of George PAYNE of London, merchant.
With commission to appraise and sell the ship, dated 18 June 1636, and inventory and appraisement of the ship, dated 7 September 1636.


1 http://www.histparl.ac.uk/prnslpp/shealey.htm

2 Through correspondence with Dr. Andrew Thrush, Section Editor 1604-1629, I was put in touch with Mr. Healy and provided with an advance copy of the initial biographical sketch that he has prepared for Sir Robert Payne. I have had several e-mail discussions with him since that time. The 1604-1629 section of “The History of Parliament” is due for publication, at last word, in 2009.

3 Public Record Office (PRO), catalogue reference: PROB 11/140; image reference: 278

4 2 Kings 20:1

5 The will was rendered faithfully to the best of my ability with spelling intact. However, the spell checker in my word processor sometimes made corrections by dropping an ending “e”, etc.

6 “Cavaliers and Pioneers,” vol. 1, p. 22 (indexed under Adam Thoroughgood) in which the ship John & Dorothy is mentioned, as is the name JOHN WITHERS, among the more than 100 head rights he claimed as having transported. Although Thoroughgood had arrived in Virginia earlier (1621), he must have made a trip back to England and returned on the John & Dorothy.

7 Will of Johan Payne, wife of Robert Payne, of St. Neots, Huntingdonshire, obtained through the LDS Catalog System.

8 “Cavaliers and Pioneers,” vol. I, pp. 22-23, Nell Marion Nugent, Virginia State Library and Archives, 1992; See also Appendix A to this paper giving full High Court of the Admiralty records regarding the case of the John & Dorothy.

9 “Colonial Records Project,” SR10723, p. 2 & SR10876, p. 1, Library of Virginia, searchable database on line at http://ajax.lva.lib.va.us/F/?func=file&file_name=find-b-clas27&local_base=CLAS27 [01/11/04]

10 “The Lees of Virginia,” p.9, Paul C. Nagal, Oxford University Press 1990. Mr. Nagal was Director of the Virginia Historical Society until 1985. He is a contributing editor of “American Heritage,” trustee of the Colonial Williamsburg Foundation, a fellow of the Society of American Historians, and past president of the Southern Historical Association.

11 "The Virginia Dynasties. The emergence of “King” Carter and the Golden Age," p. 31, Clifford Dowdey, Boston, Little, Brown, 1969.

12 “Cavaliers and Pioneers,” vol. I, 1623-1666, p. 131, Nell Marion Nugent, Virginia State Library and Archives, 1992

13 “Cavaliers and Pioneers,” vol. I, 1623-1666, p. 344, Nell Marion Nugent, Virginia State Library and Archives, 1992

14 “Cavaliers and Pioneers,” vol. I, 1623-1666, p. 487, Nell Marion Nugent, Virginia State Library and Archives, 1992

15 “The Paynes of Virginia,” generation I, pp. 44-52, Col. Brooke Payne, Carrier Company, 1935

16 “Virginia County Records, New Series, vol. I, Westmoreland County,” William Armstrong Crozier, 1913; “The Paynes of Virginia,” Section B, p. 227, Col. Brooke Payne, Carrier Company, 1935


17 “The Lees of Virginia,” Chapter 2 “The Scholar 1664-1715,” p. 22, Paul C. Nagal, Oxford University Press, 1990

18 Ibid; "Genealogies of Virginia Families, Virginia Magazine of History and Biography, vol. II, Cl-Fi, p. 303, Genealogical Publishing Company, 1981 "Colonial Records of Virginia", Beverley Fleet

19 "The Madresfield Muniments," Worchester, 1909, pp. 50-59: The Corbyns (Corbins);

20 PRO, E 44/243

21 PRO, E 40/5615; PRO SP 46/60/fo 104; PRO SP 46/60/108; PRO SP 46/60/fo 108; PRO SP 46/60/fo 113; PRO SP 46/60/fo 118a; PRO SP 46/60/146; PRO SP 46/13/fo 288d, 289; "History and Antiquities of Leicestershire,” in four volumes, John Nichols; "Leicestershire Medieval Pedigrees" comp. by Geo. F. Famham, 1925; “The History of Parliament,” biographical sketch of Sir John Pulteney, MP for Wigan 1601 & 1604

22 “The History and Antiquities of Hengrave in Suffolk", John Gage, pp. 63, 185, 187, 337, 489, 490-2, 499, 501; “Visitation of Suffolke,” William Hervey, Clarenceux King of Arms, 1561.

23 Ibid; “Visitation of Leicester”; “The History of Parliament,” biographical sketch of Sir John Spencer (1517-1586), MP for Northamptonshire 1554 & 1558

24 “The Historie and Antiquities of Hengrave in Suffolke,” as previously cited; “Paine Genealogy- Ipswich Branch,” Albert W. Paine, 1881

25 "The Washington Connection- A Royal Pedigree" by J.E. Cobb, Jr., Col., USA (retired), with contributions from staff, Mount Vernon Ladies Association and W. Blount Stewart, Professional Genealogist. Published by Durant Publishing Co., 1979; “Virginia County Records, New Series, vol. I, Westmoreland County,” William Armstrong Crozier, 1913

26 “The Paynes of Virginia,” pp. 32, 76, Col. Brooke Payne, Carrier Company, 1935

27 “Virginia County Records, New Series, vol. I, Westmoreland County,” pp. 2, 8

28 “The Washington Connection,” J.E. Cobb, Jr., Col. USA (retired); “Prominent Families of Virginia”, Vol. 1-4, Volume IV, Chapter III Washington

29 "History and Antiquities of the County of Northamptonshire," George Baker, vol. 1; "The Wallop Family and their Ancestry," Vernon James Watney [Pedigree 382 Fermor]; Visitation of Northants., 1564, pp. 20, 51; “The History of Parliament,” biographical sketches on Michael Pulteney (d. 1567) and Sir John Fermor (d. 1571)

30 Ibid, biographical sketch for Sir Henry Darcy (d. 1592/3)

31 “Victoria County History- Huntindonshire,” entry for Midloe, Huntingdonshire.

32 Upon a Grave stone at the upper end of the North Isle in the place now made use of for a School house on plates of Brass the pourtraiture of a man in Armour and a woman by him, at the head these two Escocheons and below the following Inscription

[2 untricked shields across the page]

(1) A Bend raguly (three on either side) between six Estoiles untinct

(2) A Bend raguly (three on either side alternately) between six Estoiles impaling Three Stags trippant (2 & 1) all untinct


Here lyes interred the body of Sr. Robert Payne Knight / deceased the 18th day of June Ao Dni 1631 aged 58 years who / marryed Elizabeth the daughter of George Rotheram of So- / meris in Com. Bedford Esqr by whome he had Issue 5 sonns and 6 / daughters.
This Mourning vault of death that must retayne / As Pledge a while the dust of honour'd Payne / Is but his Tomb nor can it stile bee / A Monument of him, his Memorie / And fame on earth with those good deeds he sent / To Heaven before him are his Monument / The Countyes tears farr better then this stone / Will telll thee Reader noble Payne is gone / Aske them not mee they feel the losse of him / And will for ever keep his just esteem.



33 “Merchants and Revolution,” Dr. Robert Brenner, Princeton University Press, 1994 for the marriage of Capt. George Payne with Rachel Hawes, sister of Payne’s partner, Joseph Hawes.

34 Public Record Office, PROB 11/193, 27 May 1645

35 Ibid, PROB 11/311, 1 March 1662

36 “Visitation of Huntingdonshire, 1613; “Victoria County History- Huntingdonshire,” entry for Midloe

37 “The History of Parliament,” biographical sketch for Lawrence Hawes (d. bef. Aug. 1557), MP for Cambridge 1555.

38 Northampton County, Virginia. Orders, Deeds & Wills, 1651-1654, Book IV, pp. 51, 99, 119

39 Maryland State Archives, SC5094-0059, 5094-1296, 5094-3161 and 5094-3334

40 “Virginia’s Eastern Shore,” under tract N46, beginning on p. 206, Ralph Whitelaw, Picton Press

41 Ibid, N43, p. 188

42 Ibid

43 Northampton County, Virginia. Orders, Deeds & Wills, 1651-1654, Book IV, p. 60

44 Ibid, p. 99

45 “Northampton County VA Orders, Deeds & Wills 1651-1654, Book VI, pp. 146, 170 [folio 197], Frank V. Walczyk, 1998; Northampton Count Order Book 5, fol. 24; “Migration and Orgins of the English Atlantic World,” Alison Games, Princeton University Press, 2000.

46 “Ironworks on the Saugus,” E.N. Hartley

47 “Virginia Venturer,” Nathaniel Claiborne Hale, Dietz Press

48 “Paine Genealogy- Ipswich Branch,” Albert W. Paine, 1881

49 “Virginia’s Eastern Shore,” p. 64, Ralph Whitelaw, Picton Press

50 Dr. Linda Reno, a St. Mary’s County historian, has provided this information on Gerard, including his married to Rose. The will of Thomas Gerard of "Mathotick River", formerly of "St. Clement's Manor", St. Mary's Co., Province of Md., made 5th Feb., 1672; Prov. 15 Dec., 1673. (He spent his last days in Va.) "To dau--Mary and heirs, 4 seats of land in St. Mary's Co., including 'St. Katharine's Manor' and 'Westwood Lodge'. In event of d--of dau--Mary without heirs, said lands to pass to surviving sons and daus--of Testator. Eldest son, Justinian, and heirs, part of 'St. Clement's Manor', also, any land or lands in England; wife Rose, during life and male heirs, one-half of said 'St. Clement's Manor', one-half of 'Bastfoord Manor', and one-half of 'Gerrard's Reserve' in Virginia. In event of death of said wife without male issue, son Justinian to possess the whole of St. Clement's Manor. To young son John, one-half of 'Bastfoord Manor', and one-half of 'Gerrard's Reserve', in Virginia, to possess the whole of sd. Tracts in event of death of wife without male issue".

51 “New England Historical and Genealogical Register,” vol. 69, pp. 248-251, 1915.

52 “The Paynes of Virginia,” p. 44

53 Ibid, p. 49

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