John Paine Jr. (1724-1777)
John Paine, the second-oldest son of John and Elizabeth Paine, was born around 1724. This estimated birth date is based on the fact that John appeared on the Somerset County tax list for the first time in 1740.[1] In Somerset County, males were included in the tax list starting at age 16.
John’s older brother, Moses, was born around 1721 (he first appeared on the Somerset County tax list in 1737).[2] It seems that Moses never married or had children. In colonial Maryland, wives had a right of dower and were required to consent to the sale of land. When Moses sold land in 1792, the deed did not mention a wife.[3] When Moses wrote his will in 1792, he bequeathed his belongings to his nephews and a friend, Major Jones, and did not mention a wife or children.[4]
John Jr. was a young adult when England declared war against France in May 1756, marking the beginning of what became known as the Seven Years' War. So many men on the Eastern Shore were on guard duty or in the army of occupation on the frontier that the production of tobacco was reduced, and trade in general was curtailed. Economic conditions deteriorated over the course of nine years of war.[5] Despite the war, John appears to have thrived, marrying his wife Elizabeth, raising a large family, and expanding his farmland.
John’s Wife
Several records indicate that John’s wife was named Elizabeth. Elizabeth was listed as John’s wife in documents related to the sale of land in 1758[6] and 1774.[7] John also mentioned Elizabeth in his will dated March 18, 1777.[8]
While there are no records that directly identify Elizabeth’s maiden name, she was most likely Elizabeth Townsend, daughter of Wrixham and Jeminah Townsend. John and Elizabeth named one of their sons Wrixham, which was not a common given name in colonial Maryland. Most likely, Wrixham was named for an ancestor. Of the few men named Wrixham living on the Eastern Shore in the 18th century, only Wrixham Townsend had a daughter named Elizabeth.
Also, in 1771, John patented 83 acres of land he named Townsends Mistake.[9] While some genealogists believe that Wrixham Townsend’s father gave this land to his granddaughter Elizabeth, I found no records of this land transfer. The patent states that a Common Warrant was granted to Solomon Webb on May 18, 1769, for 34 acres, and 49 acres of adjacent vacant land were added to John’s patent. Even if the land was not a gift from John Townsend, it is unlikely John would have named the property Townsends’ Mistake if he had not had a connection to the Townsend family.
John and Elizabeth’s Children
I know from John’s will that he and Elizabeth had eight children: four boys named Levin, John, Wrixham, and Samuel, and four girls named Sophia, Rebecca, Esther, and Elizabeth.[10] Levin was probably the oldest son because John named him executor of his will. Samuel was probably the youngest son, as he was the only minor when John wrote his will.
John and Elizabeth’s Property
While John and Elizabeth were not among the economic elite in the newly created Worcester County, they were successful farmers. They were most likely what would be described today as the middle class. The steady increase in European demand for tobacco maintained a generally favorable price level after 1750. Small producers could not expect instant riches, but those who could expand production stood to increase their disposable incomes.[11]
Indentured servants and enslaved people provided extra hands to increase production. John owned at least one enslaved person because in his will he bequeathed an enslaved girl named Sarah to his son Samuel, adding the condition that Sarah would serve his wife Elizabeth until she passed away.[12]
While John Sr. did not leave a will, it appears that John Jr. inherited his farmland, located in Worcester County, Maryland. The 1744 deed transferring some of this land to his brother Moses stated that the land bordered Swans Gut Creek and was next to land occupied by Moses Pilsher.[13] This is probably the same Moses Pilsher who appeared as a dependent of John Sr. in the Somerset County tax lists in 1736[14] and 1737.[15]
On April 7, 1758, John purchased 195 acres of tracts of land called Smithfield and Farloworth from Jepthah and Mary Purnell for £80.[16] John’s brother Jacob purchased 175 acres from the same tract on the same day.[17] The land was described as being on a branch of Swans Gut Creek, so it was probably near or adjacent to the land John inherited. A few months later, John sold 50 acres of this land to his neighbor Moses Pilsher for £8.[18]
On August 17, 1769, Solomon Webb sold Townsends Mistake to John for £2.9.[19] John then patented Townsends Mistake on August 7, 1771. The land was located on the north side of a gum swamp, adjacent to land owned by Zorobabel Hill. In 1774, John sold 16 acres of Townsends Mistake to James Verdin for £20.[20]
John likely grew tobacco for export to Great Britain. Colonial America had an agricultural economy, and the Eastern Shore dominated the tobacco trade.[21] John was probably impacted by the various laws that the British Parliament passed and repealed in the 1760s and early 1770s, which aimed to control the tobacco trade. Trade restrictions contributed to the growing anti-British sentiment in the peninsula, and Maryland became one of the first colonies to rebel against the new British taxes.
Revolutionary War
In June 1774, delegates from several Maryland counties, including Worcester County, met in Annapolis, Maryland, after the royal governor suspended the colonial assembly. The nine conventions held from 1774 to 1776 served as the de facto government of Maryland. The Conventions governed until July 1776, when they declared independence and authorized the drafting of a state constitution.[22] In December 1774, the Maryland Convention determined that all men 16-50 should form themselves into militia companies, choose officers, drill, and arm themselves. Once a month, on muster days, the companies would gather to conduct drills.[23]
About a month after fighting in Lexington and Concord on April 18, 1775, the Continental Congress created an army and charged the colonies with raising regiments to fill its ranks.[24] What began as protests was now an armed rebellion. While no battles were fought in Maryland, the Eastern Shore was of great strategic and economic importance to the war effort.[25] Eastern Shore farmers supplied Washington’s Continental Army with essential foodstuffs throughout the war, and tobacco from the Eastern Shore became America’s chief currency overseas and greatly contributed to sustaining America’s new military.[26] John may have been one of the planters who cultivated this tobacco and produced food for the army.
Unfortunately, there are no records reflecting John’s opinion of or role in the colonial rebellion. There were deep divisions in Worcester County between the Patriots, who favored independence, and the Tories, who were loyal to Britain.[27] While I cannot confirm John’s stance on the rebellion, he was likely a Patriot, given that his brothers and sons supported the uprising. Three of his four sons (John, Levin, and Samuel) served in the Worcester Militia.[28] His brothers, Isaac and Moses, and two of his sons (John and Levin) took the Oath of Allegiance in 1778.[29]
John’s Death
If John had been a Patriot, it is unfortunate that he died before knowing that the rebellion was successful. He wrote his will on March 18, 1777, bequeathing land to his sons Levin, John, and Wrixham.[30] His son Samuel, who was not yet of age, would receive property only if Wrixham died without an heir. His daughters (Rebecca, Sophia, Esther, and Elizabeth) received animals and cash. He named his son Levin executor of his will.
John died soon after signing his will, since on May 6, 1777, his wife Elizabeth, along with William Lane and Solomon Webb, paid a £300 administrative bond after Elizabeth was ordered to make an inventory of John’s estate. Elizabeth submitted the inventory on August 6, 1777.
Footnotes
[1] Maryland, Somerset County Court. Tax Lists 1723-1759. Maryland State Archives C1812. 1740 Tax List https://msa.maryland.gov/msa/coagser/c1800/c1812/html/tax1740.html.
[2] Maryland, Somerset County Court. Tax Lists 1723-1759. Maryland State Archives C1812. 1737 Tax List https://msa.maryland.gov/msa/coagser/c1800/c1812/html/tax1737.html.
[3] Maryland, Worcester County. Land Records Liber O 1791-92: 277-378 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-6SBT-Z.
[4] Maryland, Worcester County. Wills Liber J.W. 1790-99: 160-162 https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBL-SR47.
[5] Turman, Nora Miller. The Eastern Shore of Virginia 1603-1964. (Onancock VA: The Eastern Shore News, Inc., 1964) 121.
[6] Maryland, Worcester County. Land Records Liber D 1755-60: 304-305 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-GS9X-N.
[7] Maryland, Worcester County. Land Records Liber I 1771-1776: 366-367 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSGD-195B-9.
[8] Maryland. Worcester County. Wills Liber J.W. 1790-99: 331-332 https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBJ-S5PF.
[9] Maryland, Worcester County. Circuit Court. Patented Certificate 2545 Townsends Mistake https://plats.msa.maryland.gov/pages/unit.aspx?cid=WO&qualifier=S&series=1210&unit=2724&page=adv1&id=2033916975.
[10] Maryland. Worcester County. Wills Liber J.W. 1790-99: 331-332 https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBJ-S5PF.
[11] Land, Aubrey C. Colonial Maryland: A History. (Millwood NY: KTO Press, 1981) 280.
[12] Maryland. Worcester County. Wills Liber J.W. 1790-99: 331-332 https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBJ-S5PF.
[13] Maryland, Worcester County. Land Records Liber A 1742-47: 192 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QZ-CQDX-8.
[14] Maryland, Somerset County Court. Tax Lists 1723-1759. 1736 Tax List https://msa.maryland.gov/msa/coagser/c1800/c1812/html/tax1736.html.
[15] Maryland, Somerset County Court. Tax Lists 1723-1759. 1737 Tax List https://msa.maryland.gov/msa/coagser/c1800/c1812/html/tax1737.html.
[16] Maryland, Worcester County. Land Records Liber D 1755-60: 259-260 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-GSSY-D.
[17] Maryland, Worcester County. Land Records Liber D 1755-60: 260-261 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-GS93-4.
[18] Maryland, Worcester County. Land Records Liber D 1755-60: 304-305 https://www.familysearch.org/ark:/61903/3:1:3Q9M-C3QC-GS9X-N.
[19] Maryland, Worcester County. Land Office. Patent Record 1771-1774 BC & GS 45, I SR 7752 MSA SM2. Patent for Townsend’s Mistake, pp. 383-384 https://msa.maryland.gov/megafile/msa/stagserm/sm1/sm2/000100/000128/pdf/mdsa_sm2_128.pdf.
[20] Maryland, Worcester County. Land Records Liber I 1771-1776: 366-367 https://www.familysearch.org/ark:/61903/3:1:3Q9M-CSGD-195B-9.
[21] Eller, Ernest McNeill, Ed. Chesapeake Bay in the American Revolution. (Centreville MD: Tidewater Publications, 1981) 5.
[22] Maryland. Convention. (1836). Proceedings of the Conventions of the providence of Maryland, held at the city of Annapolis, in 1774, 1775, & 1776. Baltimore: J. Lucas & E. K. Deaver.
[23] Ibid.
[24] Society of the Cincinnati of Maryland, Maryland in the American Revolution. (Washington DC: 2009) 12. https://www.americanrevolutioninstitute.org/wp-content/uploads/2018/09/Maryland-in-the-American-Revolution-2009.pdf
[25] B.P. Neville. “For God, King, and Country: Loyalism on the Eastern Shore of Maryland during the American Revolution,” International Social Science Review 84, no. 3/4, 135–156. http://www.jstor.org/stable/41887408.
[26] Eller, Ernest McNeill, Ed. Chesapeake Bay in the American Revolution. (Centreville MD: Tidewater Publications, 1981) 14.
[27] Neville, “For God, King, and Country: Loyalism on the Eastern Shore of Maryland during the American Revolution.”
[28] Peden, Henry C. Revolutionary Patriots of Worcester and Somerset Counties, Maryland 1775-1783. (Westminster MD: 1999) 218.
[29] Ibid.
[30] Maryland. Worcester County. Wills Liber J.W. 1790-99: 331-332 https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBJ-S5PF.
John Paine’s Will
In the name of God Amen the Eighteenth day of March 1777 I John Pain of Worcester County in Maryland being sick and weak of body but sound of mind and means say thanks to god for it knowing that it’s appointed for all one to die do make and ordain this my last will and testament as followeth first I commend my Soul into the hands of god who gave it and my body to be depently buried and touching Such estate as I am Blest with I give and dispose of the same a followeth.
Imprimise. I give and bequeath to my Son Levin Pain all my land on the South Side of a little branch lying between me and him and along the ditch called Levins ditch and to the road by Pilshers and also five acres of land in the fork of the ditch lying between Levins Ditch and Brashans Ditch to him and his heirs and assigns forever. Also fifty acres of land lying over the mill Road between Jesse Ellis and Pilshers place lying Square with the out Side Bounds also one Baymare but he the said Levin must pay to my son Samuel Pain when he comes of age the Sum of Six pounds in money and one Red yearly to him and his heirs forever.
Item I give and bequeath to my son John Pain all the rest of my land lying over the road afar down to Babel Hills and Virgins land to him and his heirs forever.
Item all the rest of my land on the north East Side of the Branches and ditches afsd. I lend to my loving wife Elizabeth Pain during her natural life and her decease to my son Wrixham Pain and to him and his heirs and assigns forever but if my Son Wrixham should die without heir the land aforesaid to fall to my Son Samuel Pain.
Item I give and bequeath to my Daughter Rebecca Pain one pride yearly to her and her heirs forever.
Item I give and bequeath to my Daughter Sophia Ellis one cow called the Short next Cow to her and her heirs forever.
Item I give and bequeath to my daughter Ester Pain one Brown Heiffer that cow of the long legged cow to her and her heirs forever and three pounds in money.
Item I give and bequeath to my Daughter Elizabeth Pain the other Brown heifer and also three pounds money to her and her heirs forever.
Item I give and bequeath to my Son Samuel Pain one young horse Bridle and Saddle also my wearing apparel also one negro girl called Sarah but my will and desire is that my wife Elizabeth may have the use and benefit of the negro afsd. During her natural life and also my cutting axe and his own axe to him and his heirs forever also one new hat.
Item all the rest of my Personal Estate not yet given I give the whole use and Benefit to my loving wife Elizabeth Pain during her natural life and her decease to be equally divided among my five Children namely Rebecca, Sophie Esther Samuel and Elizabeth Pain to them their heirs and assigns forever.
Item I hereby constitute and appoint my loving wife Elizabeth and my Son Levin whole and sole Executrix and Executor of this my last will and Testament and I do hereby revoke disannul and make void all former wills made by me and do Publish pronounce and declare this only to be my last will and testament the day and year first above written. John Pain
Signed Sealed and Wm. Aydelott
Acknowledged in Wm. Lane John Pain {Seal}
Presence of us Esaw Pilshard
May 2nd 1777 then William Lane one of the People called *uskers and affirmed William Aydelott and Esaw Pilchard two of the Subscribing witnesses to the foregoing will and made oath on the holy evengalis of almighty god that they saw John Pain the Testator Sign Seal and heard him publish pronounce and declare the same to be his last will and Testament and that at the of his so doing he was to the best of their apprehension of Sound dispossessing mind and memory that they Subscribed their names as witnesses to the Said will in the presence of the testator and in the presence of each other.
Certified by Benton Harris Deputy Com. Of Worcester County May 2nd 1777 after the above will was Proved then came Elizabeth Pain widow and Exec. Of the deceased and made her Election viz She relinquished her right of dower and Electeth in lieu thereof to Stand to and abide by the Devizes and Bequests made to her by the deceased.
Certified by Benton Harris Deputy Com. Of Worcester County
Note: I’ve transcribed this document exactly as written (including misspellings). I’ve retained original capitalization except for new sentences in which I’ve capitalized the first word even if it isn’t in the original. I’ve added a period at the end of sentences. If a letter is illegible, I’ve put an * for each letter I cannot determine.
Source: Maryland. Worcester County. Wills Liber J.W. 1790-99. FamilySearch https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBL-SRZC?i=72&cc=1803986 : 2024. pp. 331-332, images 172-173 of 279 https://www.familysearch.org/ark:/61903/3:1:33SQ-GTBJ-S5PF?i=171&cc=1803986&cat=66222. Original is in the Maryland State Archives, MSA Collection Number C2040-4, Location 01/58/04/039.
Inventory of John Paine’s Estate
A True Inventory of the goods and Chattels Rights and Credits of John Pain late of Worcester County deceased Appraised in Current Money that is to Say dollars at Six Shillings Each and other Money Agreeable **.
1 bay Mare 16of. 1 Red yearling 9s. a legatee to Levin Pain £8..9..0
1 pride yearling heifer 12s. A legatee to Rebecca Pain 0..12..0
1 brown Cow 33s. a legatee to Sophiah Ellis 1..13..0
1 brown heifer 2 year old 18s. Also 48s Cash a legatee to Easther Pain 3..6..0
1 brown heifer 12s. Also 48s. Cash a legatee to Elizabeth Pain 3..0..0
1 house, bridle, and Saddle 236s. 2 axes 8s 12..4..0
1 negro Girl called Sarah aged 8 years old 24..0..0
A parcel of the deceased wareing apperril all To Samuel Pain a Legatee 5..10..6
1 sow and 5 piggs 12s. 6 Shoots at 3s. Each 18s 1..10..0
6 year and half old hogs at 6s. Each 36s. all 1..16..0
1 old Cow 30s. 1 yallow Do 36s. 1 4 year old Stear 42s 5..8..0
1 bull 27s. 1 brown pide Cow 33s 3..0..0
1 brindled Cow 36s. 1 2 year old heffer 12s 2..8..0
2 Stears yoak Ring and Staple 115s 5..15..0
2 Ewes and lambs 18s. 5 Sheep at 6s. Each 30s. all 2..8..0
2 plowes and clevises 14s. old ox Chain 4s. horse harness 1s6 0..19..6
1 Case of bottles 15s. 1 old maple desk 54s. all 3..9..0
1 Square pine Table 5s. 2 leather Trunks 9s. 1 pine Chist 8s all 1..2..0
1 old Table 2s. box Iron and 2 old heators 7s 0..9..0
1 old gun 18s. Some Tea ware 3s9 old bottles 2s. Sugar box 9d. 1..4..6
Old stillards 3s. some Earthen ware 3s6 0..6..6
2 old harrowes 8s. some leather 12s. a parcel of Cypress ware 9s 1..9..0
Old ax and hammer 5s. some old hoes 5s. 1 old Spade 3s. all 0..13..0
2 pair of Iron wedges and fire Tongs and candle Stick 12s 0..12..0
Some old Iron 1s10 old saw auger and drawing knife all 3s 0..4..10
21lb of old pewter 31s6 some soury pewter 5s6 1..16..0
12 pewter plates 15s. 5 old Do. 5s. all 1..0..0
5 old Chears 5s. tin ware 1s6 old looking glass 6d. all 0..7..0
1 bed and bolster No 1 st 50lb at 11d ** 2..5..10
1 feather bed bolster and 2 pillows No2 st 43lb a 14d** 2..10..2
1 feather bed and bolster No3 wt 30 lb at 17d** 2..2..6
1 feather bed and bolster No4 wt 47lb at 10d ** 1..19..2
1 Rug blanket and Sheat No3 bedsted and Cord all 1..13..0
1 Rug blanket and Sheat No4 bedsted and cord all 1..1..0
1 bed quilt and 2 Sheets 2 pillow Cases bedsted mat and Cord No2 £1..10..0
1 bed quilt 1 blanket and 1 sheet bedsted mat and cord no1 1..6..0
5 Sheets 21s. 2 table Cloaths 6s. 4 towels 5s. 1 stone Jug 1s6 1..13..6
4 old Tubs 4s. 1 Chist 6s. some wool 2s. some Sope 5s. ll 0..17..0
Some Toe 10d. some peas and beans 1s. old Tubs and salt 1s all 0..2..10
10: ¾ yards of corse toe lining 16s. Remnants of lining and wooling 3s. 0..19..0
5 yards of Tear and Toe lining 10s some thred 18s. some yarn 6s 1..14..0
Old knives and forks 3s. a parcel of Slays and geers 9s 0..12..0
Old Ssaddle 2s. 9 old casks 42s. some flax cyder basket and Trough 5s 2..9..0
Old hand Mill 6s. 1 old spinning sheel 8s. old Do. 10s. old Do. 6s 1..10..0
Old wooling wheal 4s. old Riddle 9d. old gimblet 2s2 old hackole 1s6 all 0..6..5
Old Rasor 4d. old Shears 4d. old flax brake 1s. Small hive of bees 2s 0..4..6
Old wain and sheals and Iron bolt 18s. 2 hives of bees 12s 1..10..0
1 Iron pot and hooks wt. 25 ½ lb 8s6 1 Do. Wt. 48lb 16s 1..4..6
1 Iron kettle wt. 16 ½ lb 5s6 1 frying pan old 1s 0..6..6
1 Iron pot and hooks wt. 34lb 11s4 1 loom 12s 1..3..4
Tub and some sope and flesh fork 7s6 some baken 100s 5..*..*
2 old tubs and flaxseed 6s. old sithe and Cradle 3s 0..9..0
Some pork 25s. 2 old Tubs and Sifter 1s6 some fat and goards 11s 1..17..6
Bag and wallet 2s. Sleave buttons 2s. old combs 9d 0..4..9
Pocket book and Specktacles 1s6 Cash current money 135s4 6..16..10
Old books 2s. 1 Sermon book 4s. 1 old Do. 1s6 0..7..6
Old wool cards 6d. some Indian corn 110s 5..10..6
7 head of geese 7s. some Tallow 1s3 1 small hide 6s 0..14..3
1 old Jugg 6d. Iron hooks and boards 3s. all some fish hooks 2s6 0..6..0
145.6.00
Debts desperates £ James Davis £0..7..6
William Brasher 1..12..6 Jabeth Pilshard 0..5..0
Southey Veasy 0..5..0 John Challey 0..3..9
Capt. John Marshall 0..15..0 Charles Veasy 0..3..0
William Lane 1..15..0 Jobe Claywell 0..3..0
Nathan Watson 0..9..7
Jeremiah Cary 0..7..6 In Current money. 5..4..4
James
Nearest of Kin Greatest Creditors Appraisers
Sarah Rowley George Fruniss William Aydelott
Moses Payne Elisha Jones
Maryland Worcester *** August the 6th 1777. Then came Elizabeth Pane Executrix of John Pane late of Worcester County deceased and made oath on the holy Evangalis of almighty God that the foregoing is a True and perfect Inventory of all and Singular the goods Chattels of the said deceased that have come to her hands or possession oat the time of the making thereof and that what hath since or shall hereafter come to her hands or possessioin she will Return in an additional Inventory that she knows of no concealment of any part or parcel of the deceaseds Estate by any person whatever and that if she Shall hereafter discover any concealment or Suspect any to be she will acquaint the Register of Wills with such concealment or cause of Susspecion that it may be Enquired into according to Law. Certified by William Morris Register of Wills for Wor: County.
Maryland Worcester *** August 6. 1777. Came Elizabeth Pane Executrix of the said John Pane deceased and made oath the aforegoing list of debts are a Just and True list of desperate debts which have come to her knowledge and that she hath not Received any part or parcel thereof more then five shillings of a certain Jabez Pilshard and that she will well and Truly charge herself with all and every such debt as shell hereafter come to her hands or possession.
Certified by William Morris Regr. Wills for Worcester County
Note: I’ve transcribed this document exactly as written (including misspellings) except for the following: /.=s (for shilling); d=d (for pence), &=and. I’ve retained original capitalization except for new sentences in which I’ve capitalized the first word even if it isn’t in the original. I’ve added a period at the end of sentences. If a letter is illegible, I’ve put an * for each letter I cannot determine.
Source: Maryland, Worcester County. Inventories Liber J.W No. 9 1762-84. FamilySearch, film 005080352, image 1 of 258 https://www.familysearch.org/ark:/61903/3:1:33SQ-GT1J-XHF?lang=en&i=0, pp. 237-238, images 125-126 of 258 https://www.familysearch.org/ark:/61903/3:1:33SQ-GT1J-F18. Original is in the Maryland Archives. MSA Collection Number C2017-3, Location 01/58/03/044.