William Payne^{[1, 2]}

1652 - 1698  (46 years)

• Name	William Payne
  Birth	1652	, Westmoreland, Virginia, USA   [3, 4]
  Gender	Male
  Death	23 Feb 1698	Cople, Westmoreland, Virginia, USA   [4]
  Burial	Yeocomico, Westmoreland, Virginia, USA   [4]
  Person ID	I43591	Master
  Last Modified	8 Mar 2022

  
  

  Father	John Payne,   b. 1615, , , , England d. Jan 1690, , Westmoreland, Virginia, USA (Age 75 years)
  Mother	Margaret Payne   d. , Westmoreland, Virginia, USA
  Family ID	F10045	Group Sheet  |  Family Chart

  
  

  Family 1	Frances,   b. 1655, , Westmoreland, Virginia, USA d. 1690, , Westmoreland, Virginia, USA (Age 35 years)
  Marriage	1688	, Westmoreland, Virginia, USA
  Children	1. Ann Payne,   b. 1689, , Westmoreland, Virginia, USA d. 1712, , Westmoreland, Virginia, USA (Age 23 years)
  Family ID	F10231	Group Sheet  |  Family Chart
  Last Modified	14 Feb 2022

  
  

  Family 2	Elizabeth Pope,   b. 25 Jun 1667, Old Rappahannock, Richmond, Virginia, USA d. 21 Mar 1716, Yeocomico, Westmoreland, Virginia, USA (Age 48 years)
  Marriage	1691	Cople, Westmoreland, Virginia, USA   [2, 5]
  Children	+ 1. William Payne,   b. 10 Aug 1692, Cople, Westmoreland, Virginia, USA d. 24 Aug 1776, Truro Parish, Fairfax, Virginia, USA (Age 84 years)   2. Edward Payne,   b. 1693, , Westmoreland, Virginia, USA d. 1702, , Westmoreland, Virginia, USA (Age 9 years)   3. Elizabeth Payne,   b. 1695, , Westmoreland, Virginia, USA d. Feb 1745, , Prince William, Virginia, USA (Age 50 years)   4. Mary Payne,   b. 1697, , Westmoreland, Virginia, USA d. 1724 (Age 27 years)
  Family ID	F10034	Group Sheet  |  Family Chart
  Last Modified	28 Feb 2022

  
  

• Event Map

  Birth - 1652 - , Westmoreland, Virginia, USA Marriage - 1688 - , Westmoreland, Virginia, USA Marriage - 1691 - Cople, Westmoreland, Virginia, USA Death - 23 Feb 1698 - Cople, Westmoreland, Virginia, USA Burial - - Yeocomico, Westmoreland, Virginia, USA  = Link to Google Earth

  
  

• Notes

  William Payne of Westmoreland County and his descendants. His only surviving son moved to Fairfax County about 1733, where the family resided for three generations. Soon after the Revolution all but one household of this group migrated to Kentucky, where they expanded and prospered. Of William's descendants were Edward Payne of Fairfax County and Kentucky; Colonel William Payne, one of General Washington's honorary pall-bearers; General John Payne and Major Devall Payne of the War of 1812; Sanford Payne, brother of the gentleman who had the altercation with General Washington, described in Parson Weems's book, remained with his family in Fairfax County; some of his descendants now reside in Prince William and neighboring counties. WILLIAM b. 1652 m(1) Mrs. Frances Clements 1688 in We. Co.; m(2) Elizabeth Pope 1691 in We. Co.; d. Feb 1698 in We. Co., leaving a will dated 31 Jany 1697/8 (23 Feb 1697/8); buried in Yeocomico Churchyard, We. Co.; grave is not marked. He was a merchant, planter, Justice, and probably shipowner. The earliest recognized Court reference to him is found in Ra. Co. 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 reference and the composite of the 17 traditional versions abstracted in the 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 in the 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 in the matter as satisfactory proof of the identity of the said William Payne as the son of John Payne the immigrant. The next identified record of him is found in We. Co. dated 1688, when Josiah Pitt of England and w. Rebecca and Samuel Bonum, Jr., sued William Payne for possession of 150 a. that had been patented to John Powell. Plaintiffs claimed that said Powell left this land to "his then wife Joanna”, and that after her death it was to go to the children of his stepdaughters Rebecca Thomas and Margaret Bonum. At the time of this suit William Payne was in possession of this land. To understand this case and its historical value as evidence of William Payne's first marriage, the following summary is presented: John and Michael Powell of Boston, Mass., settled in We. Co. John m. Mrs. Joanna Philpott, widow of Robert Philpott, Gent., of Nb. Co., who had 3 children--Captain Thomas Philpott; Rebecca Philpott, who m(1) Mr. Thomas < 1679, and m(11) Josiah Pitt < 1688; and Margaret Philpott, who m. Samuel Bonum, Sr., < 1670. John Powell d. < 1668, leaving a nuncupative will which was not probated until 1679, and which is not to be found. The plaintiffs in this suit produced the will of John Powell and asked that Samuel Bonum, Sr., be admitted as a witness thereto. The Court denied the application, and Samuel Bonum, Sr., was ordered to pay William Payne for his unjust molestation. The land involved was on Bonum's Creek, later called Journeau's, or Rotank's. On the answer to the question as to how William Payne came into possession of this land hangs the identity of his first wife. 1670 Mr. William Clements signed a marriage contract with Mrs. Frances Powell, widow of John Powell, whom he was about to marry. Mr. Clement's will was recorded 1688/9 in We. Co. by John son of Henry Clements of Torrington, Devonshire, England. In the meanwhile the said Frances had m(111) William Payne, who thus came into possession of the 150 acre patent, which was not recorded in We. Co. until about 1712. Mrs. Rebecca Thomas had a dau. Rebecca who m. James Orchard. Samuel Bonum, Sr., had Sarah, Thomas, Margaret who m. William Rust, and Rebecca who m. Captain George Eskridge. In 1698 shortly after William Payne's death Mrs. Orchard, Mrs. Rust, Samuel and Thomas Bonum sold to George Eskridge the said “150 a. in Yeocomico, formerly in the occupation of William Clements and late of William Paine, both deceased", which John Powell devised "to Joanna his then wife", and after her decease to the children of his two step-daughters. The land continued, however, in the Payne family. William Payne's widow m(11) Capt. Daniel McCarty, who continued to possess the disputed land. Capt. Eskridge instituted proceedings to oust Capt. McCarty. The case was submitted to "King Carter", who decided that McCarty was to keep the land and pay Eskridge £ 34. It seems quite conclusive, therefore, that John Powell m(11) said Frances after making the unwritten will above referred to. She probably died about 1690. Throughout these records William Payne is referred to as Mr., Gentleman, or merchant of Yeocomico Neck. In the above law suit his attorney was Mr. Robert Brent. 1692 he proved the will of Mr. Richard Sturman, father of John Sturman who m. Mr. Payne's daughter. 1694 he applied to build a mill on Bonum's Creek, saying that he had land thereon "of his own inheritance" ; Mr. Gawin Corbin owned on the opposite side of the creek. 1696 Humphrey, Lawrence, and John Pope, sons of Mr. Humphrey Pope, deceased, of We. Co. chose Mr. William Payne, merchant, of Yeocomico as their guardian. The Court ordered Mr. Payne to collect the debts due the 5 orphans of Mr. Pope. 27 Jany 1696/7 he took the oath as Justice. In the same year he was ordered to take the tithables for the lower end of Cople Parish. 1697 Jeremiah Jadwin, Justice, died, leaving a negro to his god-daughter Anne Payne, dau. of William Payne of Yeocomico Neck. 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 We. Co. (V.M.-1/30). His will referred to money that he had on deposit in Newcastle. It also provided that he was to be interred at the discretion of his executors (his minor children Anne and William) and the guardian of his children—his "loving friend Col. Richard Lee of Lower Machoticque". William Payne's home lay on the S.E. side of Bonum's Creek and near the head thereof, not far from Tucker Hill, and therefore less than one mile from Yeocomico Church, where he was doubtless buried. Here too his widow was buried; her grave is marked. "The first church, a frame structure, was built 1655 on the land of John Powell, in Chicacoan Parish. John Powell was a member of the first Vestry." (Eubank). "When the church, the present one, was rebuilt of brick in 1706, the John Powell plantation was in possession of Capt. Daniel McCarty, who had acquired the plantation by marriage with the widow of William Payne, Gent., planter, merchant, and miller at Tucker Hill." (We. Co. Assn.) The list of those who worshipped at Yeocomico Church between 1655 and 1706 includes the names of William Payne and Daniel McCarty. (Va. Colonial Churches ) Mrs. Elizabeth (Pope) Payne-McCarty was the oldest daughter of Col. Humphrey Pope of We. and w. Elizabeth, dau, of Richard Hawkins. Col. Pope d. 1684. Beside the four children named above he had Jemima, who m. Nicholas Minor. Col. Pope's widow m(11) Richard Youell < 1687; she m(111) Patrick Muckleroy < 1691. Her will dated 1717 (1718) We. Co. left bequests to the daus. of her son Lawrence Pope and w. Jemima, and to the children of her son Harmon Youell and w. Dinah. Capt. Daniel McCarty was son of Dennis McCarty of Ri. Co. and w. Elizabeth Billington. He m(1) Mrs. William Payne 19 Oct 1699; he m(11) Mrs. Ann Fitzhugh, widow of William Fitzhugh, and dau. of Richard Lee and w. Lettice Corbin. Capt. McCarty d. 4 May 1724 at age of 45, leaving a will naming his children by both marriages and his step-son William Payne. (H-86) His son Dennis m. 1724 Sarah Ball, whose brother George Ball, son of Capt. William Ball of Lc., m. 1735 Judith, dau. of William Payne of Lc. (D-IV-I). Capt. Daniel McCarty was a sheriff, Justice, Burgess, and Speaker of the House of Burgesses 1715. He was buried in Yeocomico Churchyard; his grave is marked. His epitaph reads in part—"He was endowed with many virtues and good qualifications, but the actions proceeding from them bespeak their praise.” Mrs. Payne- McCarty's tomb is alongside. Her gravestone was discovered 1907 heneath the tomb of Capt. McCarty while the latter was being repaired. It is badly defaced and broken. I have attempted to supply the lacunae as follows, the parts in parentheses being mine—“(Here liet)h the body of Elizabeth (daught)er of Humphrey Pope, Gentle- man, by (Elizabeth) his wife, first the wife of (William Pay)ne, Gentleman, to whom sh(e bore two sons and two daughters, and last (tly of) Daniel McCarty, Esq., to (whom she) was married 19th October (1699 and b)ore four sons and four daugh (ters). She was born of June 1667." I think she d. 1716. By his m(1) Mr. Payne had i child-Anne (1). By his m(1) he had 4 children-William (2), Edward (3), Elizabeth (4), and Mary (5). William Payne 1652-1678 excerpt from The Paynes of Virginia The Paynes of Virginia by Brooke Payne, 1937, Published by The William Byrd Press, Inc., Richmond, VA Pages 223-226 GENERATION II 3. WILLIAM (s. A-I-I) born < 1652; married (l) Mrs. Frances Clements 1688 in Westmoreland County; married (II) Elizabeth Pope 1691 in Westmoreland County; died Feb 1698 in Westmoreland County, leaving a will dated 31 January 1697/8 (23 Feb 1697/8); buried in Yeocomico Churchyard, Westmoreland County; grave is not marked. He was a merchant, planter, Justice, and probably ship owner. The earliest recognized Court reference to him is found in Old Rappahannock County 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 reference and the composite of the 17 traditional versions abstracted in the Introduction under the title of Genesis of the Virginia Families, particularly the 6th and l0th, taken in conjunction with the fact that the 1673 reference cannot be made to fit any other William Payne found in the 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 me after 15 years research in the matter as satisfactory proof of the identity of the said William Payne as the son of John Payne whom I call the immigrant and who is the subject of the first sketch in this history. Particularly convincing is the fact, shown by the document referred to in Version 10 and still preserved in the family, that my great-grandfather Captain William Payne (b. 1755) recognized his relationship to the Paynes of Fairfax County, near whom he lived. I lay stress on this point of the identity of the said William Payne because it is a critical one, and one that many of my readers will want expounded. The next identified record of him is found in Westmoreland County dated 1688, when Josiah Pitt of England and wife Rebecca and Samuel Bonum, Jr., sued William Payne for possession of 150 acres that had been patented to John Powell. Plaintiffs claimed that said Powell left this land to "his then wife Joanna", and that after her death it was to go to the children of his stepdaughters Rebecca Thomas and Margaret Bonum. At the time of this suit William Payne was in possession of this land. To understand this case and its historical value as evidence of William Payne's first marriage, the following summary is presented. John and Michael Powell of Boston, Mass., settled in Westmoreland County John married Mrs. Joanna Philpott, widow of Robert Philpott, Gent., of Northumberland County, who had 3 children—Captain Thomas Philpott; Rebecca Philpott, who married (I) Mr. Thomas < 1679, and married (II) Josiah Pitt < 1688; and Margaret Philpott, who married Samuel Bonum, Sr., < 1670. John Powell died < 1668, leaving a nuncupative will which was not probated until 1679, and which is not to be found. The plaintiffs in this suit produced the will of John Powell and asked that Samuel Bonum, Sr., be admitted as a witness thereto. The Court denied the application, and Samuel Bonum, Sr., was ordered to pay William Payne for his unjust molestation. The land involved was on Bonum's Creek, later called Journeau's, or Rotank's. On the answer to the question as to how William Payne came into possession of this land hangs the identity of his first wife. 1670 Mr. William Clements signed a marriage contract with Mrs. Frances Powell, widow of John Powell, whom he was about to marry. Mr. Clement's will was recorded 1688/9 in Westmoreland County by John son of Henry Clements of Torrington, Devonshire, England. In the meanwhile the said Frances had married (III) William Payne, who thus came into possession of the 150-acre patent, which was not recorded in Westmoreland County until about 1712. Mrs. Rebecca Thomas had a daughter Rebecca who married James Orchard. Samuel Bonum, Sr., had Sarah, Thomas, Margaret who married William Rust, and Rebecca who married Captain George Eskridge. In 1698 shortly after William Payne's death Mrs. Orchard, Mrs. Rust, Samuel and Thomas Bonum sold to George Eskridge the said" 150 acres in Yeocomico, formerly in the occupation of William Clements and late of William Paine, both deceased", which John Powell devised "to Joanna his then wife", and after her decease to the children of his two step-daughters. The land continued, however, in the Payne family. William Payne's widow married (II) Captain Daniel McCarty, who continued to possess the disputed land. Captain Eskridge instituted proceedings to oust Captain McCarty. The case was submitted to "King Carter", who decided that McCarty was to keep the land and pay Eskridge £ 34. It seems quite conclusive, therefore, that John Powell married (II) said Frances after making the unwritten will above referred to. She probably died about 1690. Throughout these records William Payne is referred to as Mr., Gentleman, or merchant of Yeocomico Neck. In the above lawsuit his attorney was Mr. Robert Brent. 1692 he proved the will of Mr. Richard Sturman, father of John Sturman who married Mr. Payne's daughter. 1694 he applied to build a mill on Bonum's Creek, saying that he had land thereon "of his own inheritance"; Mr. Gawin Corbin owned on the opposite side of the creek. 1696 Humphrey, Lawrence, and John Pope, sons of Mr. Humphrey Pope, deceased, of Westmoreland County chose Mr. William Payne, merchant of Yeocomico as their guardian. The Court ordered Mr. Payne to collect the debts due the 5 orphans of Mr. Pope. 27 January 166/7 he took the oath as Justice. In the same year he was ordered to take the tithables for the lower end of Cople Parish. 1697 Mr. Jeremiah Jadwin, Justice, died, leaving a negro to his goddaughter Anne Payne, daughter of William Payne of Yeocomico Neck. 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 Westmoreland County (Virginia Magazine of History and Biography-1/30). His will referred to money that he had on deposit in Newcastle. It also provided that he was to be interred at the discretion of his executors (his minor children Anne and William) and the guardian of his children-his "loving friend Col. Richard Lee of Lower Machoticque". William Payne's home lay on the S.E. side of Bonum's Creek and near the head thereof, not far from Tucker Hill, and therefore less than one mile from Yeocomico Church, where he was doubtless buried. Here too his widow was buried; her grave is marked. "The first church, a frame structure, was built 1655 on the land of John Powell, in Chicacoan Parish. John Powell was a member of the first Vestry." (Eubank). "When the church, the present one, was rebuilt of brick in 1706, the John Powell plantation was in possession of Captain Daniel McCarty, who had acquired the plantation by marriage with the widow of William Payne, Gent., planter, merchant, and miller at Tucker Hill." (Westmoreland County Assn.) The list of those who worshipped at Yeacornice Church between 1655 and 1706 includes the names of William Payne and Daniel McCarty. (Virginia Colonial Churches) Mrs. Elizabeth (Pope) Payne-McCarty was the oldest daughter of Co1. Humphrey Pope of Westmoreland County and wife Elizabeth, daughter of Richard Hawkins. Co1. Pope died 1684. Beside the four children named above he had Jemima, who married Nicholas Minor. Co1. Pope's widow married (II) Richard Youell < 1687; she married (III) Patrick Muckleroy < 1691. Her will dated 1717 (1718) Westmoreland County left bequests to the daughters of her son Lawrence Pope and wife Jemima, and to the children of her son Harmon Youell and wife Dinah. Captain Daniel McCarty was son of Dennis McCarty of Richmond County and wife Elizabeth Billington. He married (I) Mrs. William Payne 19 Oct I699; he married (II) Mrs. Ann Fitzhugh, widow of William Fitzhugh, and daughter of Richard Lee and wife Lettice Corbin. Captain McCarty died 4 May 1724 at age of 45, leaving a will naming his children by both marriages and his stepson William Payne. (H-86) His son Dennis married 1724 Sarah Ball, whose brother George Ball, son of Captain William Ball of Lancaster married 1735 Judith, daughter of William Payne of Lancaster. (D-lV-I). Captain Daniel McCarty was a sheriff, Justice, Burgess, and Speaker of the House of Burgesses 1715. He was buried in Yeocomico Churchyard; his grave is marked. His epitaph reads in part—”He was endowed with many virtues and good qualifications, but the actions proceeding from them bespeak their praise." Mrs. Payne-McCarty's tomb is alongside. Her gravestone was discovered 1907 beneath the tomb of Captain McCarty while the latter was being repaired. It is badly defaced and broken. I have attempted to supply the lacunae as follows, the parts in parentheses being mine—” Here lieth the body of Elizabeth daughter of Humphrey Pope, Gentleman, by Elizabeth his wife, first the wife of William Payne, Gentleman, to whom she bore two sons and two daughters, and lastly of Daniel McCarty, Esq., to whom she was married 19th October 1699 and before four sons and four daughters. She was born of _______ of June 1667." I think she died I716. By his marriage (I) Mr. Payne had 1 child—Anne (1). By his marriage (II) he had 4 children-William (2), Edward (3), Elizabeth (4), and Mary (5).

  
  

• Sources

  [S761] Yates Publishing, Ancestry Family Trees, (Online publication - Provo, UT, USA: Ancestry.com. Original data: Family Tree files submitted by Ancestry members.), Ancestry Family Tree. [S753] Ancestry.com, Virginia, U.S., Marriages of the Northern Neck of Virginia, U.S., 1649-1800, (Ancestry.com Operations, Inc.). [S32] Yates Publishing, U.S. and International Marriage Records, 1560-1900, (Online publication - Provo, UT, USA: Ancestry.com Operations Inc, 2004.), Source number: 7129.004; Source type: Pedigree chart; Number of Pages: 4. [S751] Ancestry.com, U.S., Find a Grave® Index, 1600s-Current, (Ancestry.com Operations, Inc.). https://www.findagrave.com/memorial/62966704/william-payne [S32] Yates Publishing, U.S. and International Marriage Records, 1560-1900, (Online publication - Provo, UT, USA: Ancestry.com Operations Inc, 2004.).