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JOSEPH PAIN of Freetown, MA
and His Descendants

First Three Generations -- Draft 07-01-06

Updated through 6/30/06


1. JOSEPH PAIN,(Ralph), was born probably in Freetown MA about 1695-1699.{1} He died after 24 January 1748/9, the date he last acknowledged a deed,(2) and most likely was the Joseph Pain who died in the neighboring town of Berkley MA on 27 October 1760.{3} He was married in Freetown on 20 November 1719, by the Rev. Mr. Thomas Craighead, to Ruth Castleton of Freetown.{4} She also died after 24 January 1748/49 when she acknowledged the deed cited above.

Ruth's origins have not yet been determined. Ebenezer W. Peirce, in his Register article on the Paines, calls her "Ann,"{5} but the original Freetown record clearly states "Ruth."{6" At present, I believe her to be of Scotch-Irish extraction, perhaps a recent emigrant in a party with the Rev. Mr. Craighead.{7} The period of 1715-1721 saw a significant influx of Scotch-Irish immigrants, especially into the "hinterlands" of New England-New Hampshire and Maine.{8} The International Genealogical Index for Ireland and Great Britain needs to be reviewed as the next step.

Joseph was the youngest surviving child of Ralph and Dorothy Pain by a considerable number of years. Unlike his older brothers, Joseph received his patrimony quite soon in his married life. Ralph Pain conveyed on 9 February 1721/22 to his "well beloved son" thirty acres in the southern part of Ralph's half "Lott of land." It was bounded southerly by land belonging to the Rev. Mr. Craighead and on the north by land by land of Jacob Hathaway. Cartway rights were reserved for his brother John. The deed was acknowledged the same day, but not recorded until 7 April 1725.{9} It was probably understood Joseph would eventually receive the balance of the property, and indeed, two months later, when Ralph Pain made out his will, Joseph received the homestead lands (Ralph's dwelling house, barns and orchards) after his mother Dorothy's death.{10} When he fully inherited in 1728, Joseph should have had about 100 acres of land.

Even before his father's death, Joseph began selling off his land. And because the first sale of land was to a non-family member, it also marked the beginning of the break up of the family estate Ralph had apparently tried to create. On 5 April 1725, Joseph deeded to Lot Strange an eight acre strip across the bottom of his part of the "bredth" of the 19th Lot, reserving John Pain's cartway. Jacob Hathaway still owned the land to the north, but Abraham Simmons, who witnessed Ralph Pain's will, had acquired Reverend Craighead's land by then. It was this transaction which led Joseph to record his father's 1722 deed, which of course established his authority to sell the property.11

Joseph's next sale at least kept the land in the family. His brother John paid him 10 on 27 May 1726 for 2.5 acres, also part of the 1722 grant. Ruth Pain signed off her dower rights with her mark, something she had not done on the previous sale. The deed was acknowledged and recorded in July 1726.12

In the deeds, Joseph calls himself "husbandman." His next sale suggests he was engaged in another venture requiring extra capital, perhaps milling as a later deed refers to "the grist mill stream" as a boundary where it meets "the Forge stream."13 Joseph sold 14 acres for 230 to neighbor David Evans on 3 April 1730. Evans in turn sold the acreage back to him for the exact same amount on 7 May 1730. This acreage, which included Ralph's house and orchard, may have been collateral for a short-term loan, as both deeds were acknowledged and recorded within a month, quite unusually prompt action.{12}

However, his sale on 3 April 1730 for 230 pounds. Evans in turn sold the acreage back to Joseph for the exact same amount on 7 May 1730. This acreage, which included Ralph's house and orchard, may have been collateral for a short-term loan. Both deeds were acknowledged and recorded within a month, quite unusually prompt action. [BCD 19:198, 238.] Whatever activities he was involved in, they brought Joseph no success, and so his patrimony was sold off piece by piece throughout the 1730s.

Whatever non-farm activities he was involved in, they brought Joseph no success. Throughout the 1730s, he sold his patrimony off piece by piece. On 14 July 1731 he sold his brother John two acres for 20.14 Almost a year after that, on 1 June 1731, Joseph sold still more land to John, 10 acres for 45, which on the west partially abutted his Aunt Mary (Paine) Slocum's land received from Ralph in his will. John again recorded the deed promptly on 14 July 1731.15 Six months later on 2 January 1732/3 Joseph sold five acres for 28 to Isaac Hathaway, having just sold one acre for 26 10s to John Baggs (a nephew-in-law) on 28 December 1732.16

His disposal of property went on. Another sixteen acres were sold for 110 to brother John. Next the core patrimony, five acres with house and orchards, went for 115 on 1 January 1736/7 to neighbor Philip Hathaway.17 Finally, there were only small parcels--a quarter of an acre sold for 2 on 7 February 1739/40 to Philip Hathaway,18 and on 9 March 1741/2 two acres to nephew Ralph Pain for 22.19 All totaled, over twenty-two years, Joseph had sold off about 54 acres in recorded deeds of his 100-acre quarter share of the 19th Lot, enough acreage to sustain a family. Significantly, and unlike his brothers, he did not add to his holdings.

Joseph likely lived on in Freetown. Ruth was still alive on 24 January 1748/9 when she and Joseph acknowledged the 7 February 1739/40 deed to Philip Hathaway.20 The Joseph Paine whose death in Berkley is recorded for 24 October 1760 is most likely this Joseph and not his son.21 He may have been living with one of his daughters at the time.

Vital record information on Joseph's children is scanty. There are no deeds from Joseph to any of his children. There is no probate for him nor for Ruth nor for any of his children. Associative research is the key to reconstructing this family.

Children (Pain), possibly others:
2. i. Joseph.
3. ii. Ruth.
4. iii. Edward.
5. iv. Dorothy.

1. Birth-year range calculated from comparison with Joseph's siblings' birth-year ranges. See Robert M. Gerrity, Ralph Pain and His Descendants: The First Four Generations (P.O. Box 2814, Acton MA, 1999).
2. Registry of Deeds, Bristol County, Taunton, Massachusetts, (hereinafter BCD), 36:489-90.
3. Town of Berkley Records MS NEHGS.
4. Helen Sherman, compiled, Vital Records of Freetown, Massachusetts (Heritage Books, 1988), hereinafter VR FREETOWN.
5. Ebenezer W. Peirce, "The Paines of Freetown", NEHGS Register 15:xxxx.
6. Town of Freetown Records, Microfilm.
7. Charles W. Banks, The Scotch-Irish in America.
8. Charles XXXX, The Eastern Frontier (NY: AAK, 1970).
9. BCD 16:86.
10. BCD 6:173-4.
11. BCD 16:100.
12. BCD 28:489-70. 13. BCD 20:121.
14. BCD 19:198, 238; BCD 23:153.
15. BCD 28:469-70.
16. BCD 25:178.
17. BCD 23:153.
18. BCD 25:194.
19. BCD 30:436.
20. BCD 36:489-90.
21. Berkley Vital Records Mss, NEHGS.
22. Birth year calculated from age given in MAOSFI p. 312.


2. JOSEPH PAINE, (Joseph, Ralph), was born in Freetown about 1720.22 He died sometime after 1756, probably in Rochester. He was married in Rochester on 11 December 1751 by the Rev. Timothy Ruggles to Eleanor Stewart, daughter of James and Hannah (Dexter) Steward of Rochester.23 She was born there on 21 January 1730/31.24

Joseph served as a volunteer soldier in the Seven Years War. In 1756, when a muster of Thacher's regiment at Fort Edward was taken, Joseph was listed as a private, age thirty-six, born in Freetown who had enlisted from Rochester. He was absent on detail at the time of the muster.25 This shows that, despite being the eldest son, Joseph relocated to Rochester to seek his fortune when he married. All specific references to this Joseph have Rochester connections. There is no record of this Joseph buying or selling land in Freetown. Additional research in probate, deeds and town records may turn up more information.

Phebe and Ruth are definitely his children, recorded in VR ROCHESTER. Given general family naming patterns, the son Joseph is likely his, too. An earlier family researcher, the Rev. Frank Grant Lewis, wrote that, "while I have not proved that my great, great grandfather Thomas Paine (Payne) was a great grandson of Ralph through his son Joseph and grandson Joseph, both he and his brother David in their Revolutionary War pension applications said they were born in Freetown...."26 Reverend Lewis (hereinafter FGL) was not aware of Joseph's early move to Rochester, nor of his brother Edward, who continued to live on the family homestead in Freetown during the years Edward, Thomas and David were born. There are likely other children, several of whom may have survived to adulthood, married and had children. For a consideration of who they might be, see the Appendix below.

Children (Paine), first two recorded in Rochester, last likely also born there27:
6 i. Phebe, b. 4 July 1752.
7 ii. Ruth, b. 12 March 1754.
8 iii. Joseph.

25. MASOFI p. 316.
26. Rev. Frank Grant Lewis to Herbert O. Brigham, Librarian, letter, 6 November 1941, "Paine", Correspondence File, Newport Historical Society, Newport, Rhode Island.
27. VR Rochester

3. RUTH PAINE, (Joseph, Ralph), died probably in Freetown after 21 May 1765 when she acknowledged a deed. (See below.)

Her marriage intentions with Caleb Chase were published in Freetown on 5 February 1740/41, but she actually married him at Portsmouth, Rhode Island on 24 February 1740/41.28 He was a son of Benjamin and Mercy (Simmons) Chase of Freetown, who was born there 25 May 1722 and died after 21 May 1765.29

Caleb was eighteen years old at his marriage. It is likely Ruth was about the same age, 17 to 20, giving her a birth year range of 1721 to 1724, making her Joseph and Ruth's second child. Being just aged 17 may explain the choice of marriage location, though there is no evidence in Freetown records that the publishment was rescinded.

Chamberlain claimed that this Caleb married second at Swansea, Massachusetts on 25 May 1762 Sarah (Chase) Robinson and had a daughter Amy by her.30 However, it was Ruth Chase of Freetown who waived her dower rights on a 21 May 1765 deed from Caleb Chase of Freetown to Edward Paine of Freetown.31 Edward was her brother. As Chamberlain also lists the same marriage date, spouse and child for Caleb, Jr., it must be concluded that there was an editing problem in preparing the article for publication, which led to a confusion of Calebs. As the original Register article is undocumented, research to clarify these issues needs to be done in the Chamberlain papers at the New England Historic and Genealogical Society, Boston, Massachusetts (hereinafter NEHGS).

Children (Chase), born in Freetown 32:
3a i. Caleb Jr., b. 4 Dec. 1741, m. 13 May 1762 Sarah Chase, dau. of Elisha and Sarah (Dean) Chase. Ch: 1) Amy, b. 28 Jan. 1763, 2) Caleb, b. 24 April 1767.
3b ii. Mary, b. 5 May 1745, m. Electus Reynolds.
3c iii. Marcey, b. 3 Aug. 1746, m. 26 Dec. 1764 Michael Rummels. {Chamberlain names her "Mercy", but VR FREETOWN has it "Marcey."}
3d iv. Ebenezer, b. 3 October 1752, m. 25 Dec. 1775 Phebe Payne.
3e v. John, b. 27 Oct. 1753, d. 15 Nov. 1760.
3f vi. Thomas, b. 28 Sept. 1755, m. 13 Nov. 1776 Phebe Hathaway, b. 1737, dau. of Guilford and Lydia (Simmons) Hathaway. {Chamberlain does not carry this line further.}
3g vii. Elizabeth (called Betty), b. 18 April 1758, m. 14 Nov. 1874 Joseph Payne "Jr." See below.

28. VR Freetown, VRRI ???
29. VR Freetown
30. Register 87:139-40.
31. BCD 48:37, 49:197.
32. Register 87:139-40.

4. EDWARD PAINE, (Joseph, Ralph), was born about 1731-1732 (see below) and died after 12 February 1774 when he recorded a deed for land in Rochester.33 His marriage intention was recorded in Freetown on 8 September 1753 with Elizabeth Stewart34, daughter of James and Hannah (Dexter) Stewart of Rochester, who was born there 1 January 1735.35 Edward may have died before 14 March 1779 as on that date an "Elisabeth Paine" married in Rochester a "Benjamin Burges" of Wareham.36

Edward served in the Seven Years War. Ebenezer W. Peirce's notes, taken from "Lt. James Winslow's old book as treasurer of Freetown," show that on "May 3rd day 1756" four Freetown men "entered his Majty Service": Benjamin Porter, Josiah Braman, Leonard Carlisle, and Edward Paine. Winslow noted he had paid three of the men their signing bonuses: Braman received 50, Porter 11 15s, and Paine 11 4s 3d.{4}

Later in 1756, when a muster was taken of Joel B. Ruggles' company at Ft. Edward, NY, Edward was listed as a private, aged twenty-four years, born in Freetown who had enlisted from Freetown. He was absent on detail.{5}

Edward purchased 50 acres in Freetown for 60 on 28 May 1760 from Job Hathaway of Taunton, boatman. Edward described himself as of Freetown and a laborer. The land had passed around in the Hathaway family from father to son to brother so the given boundaries are very general, and the eastern boundary is omitted entirely. The key fact is that the acreage was "part of that lot lying at the head of John Pain's homestead." [My emphasis.]{6}

This definitely links Edward Pain with the other Paines. Omission of a reference to the eastern boundary would be because it was already property of Edward, inherited from his father Joseph. (On the issue of Joseph's total acreage, see above.) Witnesses were Hugh Douglas (husband of Edward's Aunt Phebe Pain) and William Palmer. Further deed research is required to determine how Mallitiah Hathaway acquired the property, and how the other deeds describe the boundaries.

On 8 January 1762 Edward sold 10 acres for 18 to Abiel Cole of Freetown, laborer. This lot was to the east of the main acreage, with Hathaway land to the north and south and Lot Strange property to the east. Edward still described himself as a laborer. He signed with a mark; Elizabeth did not sign at all.{7} Edward sold the rest of the property on the same day for 30 to Thomas Chase of Taunton. Chase recorded this deed very quickly, on 13 January 1762. Abiel Cole, however, did not register this deed until 3 March 1763.{8}

Edward bought back a small parcel of this land from Thomas Chase. On 1 April 1765 he acquired 120 rods (or half an acre) for 20 from Chase who was now resident in Berkley. Chase noted in this deed that he had sold the remaining 30 and a half acres on same day to Caleb Chase of Freetown, husband of Edward's sister Ruth. {9}

Over the next two months Edward worked out the following deal with his brother-in-law. On 21 May 1765, Caleb paid him 1 for the half acre (and this time Elisabeth Pain waived her dower rights) and Edward paid him 1 for another parcel lying on the easterly side of the lot he had bought back from Thomas Chase. Ruth (Paine) Chase waived her dower rights. Caleb recorded his deed on 30 October 1765 at which time he recorded several others, suggesting a consolidation of some of his properties. Throughout these years Edward was still living on the property according to the phrasing of the two Chase deeds. {10}

On 16 August 1765 Edward, now describing himself as a "calker," sold eight and a half acres to Phillip Hathaway for 4. The property's description is important: "it being part of the nineteenth Lot...according to ye division of ye original propriety and Lying on ye southernmost half of ye sd Lot...." As Edward had already sold the 50 acres he had bought in 1760, this deed proves that the land being sold was indeed part of that section of the 19th lot Ralph Pain had bequeathed to Edward's father, Joseph. Edward made his mark, and Elisabeth did not sign.{11}

The last transactions involving Edward Paine in Freetown took place on 23 and 24 January 1771. For the same amount he had paid for it six years previous, Phillip Hathaway sold the eight and half acres back to Edward on the 23rd. The next day Edward sold one and a half acres to Job Chase of Middleborough, yeoman, for 6 and the remaining seven acres also to Chase for 11 5s. The reason for the split deed is unknown. All three deeds were recorded on the 25th. Elisabeth did not sign the Chase deeds.

Edward's attempt to reclaim part of Ralph Pain's domain for his branch of the family was over. There are no other land transactions involving this Edward in Bristol County, indicating the remainder of the southernmost section of the bottom half of the 19th Lot remained in Edward's hands.

During the 1760s Edward never served in any town offices. Edward's 1761 tax rate was rebated 15s 9p by the town meeting in 1762 at the request of the North End constable Job Pain. During the 1760s Edward never served in any town offices. The sale of his homestead lot in 1771 to Chase may have been to clear up debts like these.{14}

It appears Edward moved to Plymouth County just before the Revolution. On 7 January 1774 James Stewart Jr., his wife's brother, deeded 10 acres of land to Edward Paine of Freetown for 10 . This was land that James Jr. had purchased from his father and mother in 1769. Edward recorded the deed promptly on 12 February 1774.{13}

There was an Edward Pain who did one month's duty on a "secret" expedition to RI from Freetown in 1777. He served along with John Pain and Joseph Pain. It is highly possible this was Edward's son Edward, given this Edward move to Rochester.

Children (Pain):
9 i. Edward.
10 ii. Thomas.
11 iii. David.

33. Plymouth County Deeds ??:236.
34. VR Freetown, "Marriages".
35. VR Rochester, "Births".
36. VR Rochester, "Marriages".

{1} MAOSHI p. 310.
{2} Plymouth Co. Deeds p. 236.
{3} VRF
{4} FVR Misc., page marked 111.
{5} MAOSFI p. 310.
{6} BCD 45:412.
{7} BCD 46:214.
{8} BCD 45:382.
{9} BCD 48:36-7. Chase-Chase deed needs to be examined.
{ 10} BCD 48:37, 49:197. {
11} BCD 48:55.
{12} BCD 53:367-8, 368, 368-9.
{13} Plymouth County Deeds 57:236.
{14} Freetown, Town Records. LDS microfilm # 904379. {Palo A. Peirce's transcription of Town Meeting records from 19 March 1759, p. 19.}
{15} MSSRW XI.

5. DOROTHY PAINE, (Joseph, Ralph), was likely born between 1731 and 1737{1} and probably died before 6 April 1767. She married 26 January 1756 as his probable first wife Joseph Jones of Taunton. A marriage intention between Mary Jucket of Freetown and a Joseph Jones of Taunton was recorded in Freetown on 6 April 1767.{2}

No children are listed in VR TAUNTON, but for this period these are reconstructed records. No Bristol County probate record for Dorothy or for this Joseph was found. Any and all Jones family deeds need to be checked.{1}

{1}Calc. from marr. date using 18-25 year range. {2} VR FREETOWN; see also VR TAUNTON.


6. PHEBE PAINE, (Joseph, Joseph, Ralph), was born in Rochester on 4 July 1752.{1} She was married, in Freetown by the Rev. Silas Brett of the Freetown Congregational Church, on 21 December 1775 Ebenezer Chase.{2} He was the son of Caleb and Ruth (Paine) Chase, who was born at Freetown on 3 October 1752.{3}

Children (Chase), births not recorded in Freetown, so perhaps Tiverton?{3}:
6a i. Chloe, m. 1st 30 Nov. 1796 Jael Cummings; m.i. 2nd 28 July 1827 Theophilus Clark.
6b ii. Ebenezer, m. Polly Chase, ch: Philip, b. 8 March 1807.
6c iii. John.
6d iv. Job, d. unm. 24 March 1846, aged 62 years.

{3} Register 88:118

7. RUTH PAINE, (Joseph, Joseph, Ralph), was born in Rochester on 12 March 1754{1}, and died in Freetown on 5 Sept. 1828{2}. She married in Freetown on 16 December 1784 Asa Clark of Freetown, son of Thomas and Elizabeth ( ) Clark, who died in Freetown on 30 March 1821{2}. Probate and deeds need to be reviewed.

Children (Clark), not recorded in Freetown{3}:
7a i. James, m. Freetown 29 Nov. 1821 Fanny (Briggs) Barrows.
7b ii. Thomas, d. 24 Sept. 1822, m. Freetown 11 Oct. 1821 Olive (Briggs) Barrows.
7c iii. John, single.
7d iv. Mary, m. Freetown 18 Nov. 1823 Alanson Cummings. Children

{3} Register 88:118; see also "Clark", EWP's research notes on this family filed as "Freetown Vital Records Misc.", MSS, Old Colony Historical Society, Taunton, Mass.

8. JOSEPH PAINE, (Joseph?, Joseph, Ralph), was born about 1755-56,{1} and died in Rochester on 17 August 1838.{2} Given general family naming patterns, I believe him to be a son of Joseph and not a son of his brother Edward, despite his at least twenty-five year residence in Freetown.

Joseph's marriage intention with Elizabeth Chase of Freetown, daughter of Caleb and Ruth (Paine) Chase, {2} was published in Freetown in October 1784 where her name is given as Betty. {3} She was born in Freetown 18 April 1758, {4} and died in Rochester on 17 September 1828. {2} The marriage date in VR FREETOWN is given as "14 November [torn]". "Chase Genealogy" gives the marriage date as 14 November 1783, which is not possible given the date of intention. {4} A 14 November 1793 date is given in Freetown B-M-D (Palo Alto Peirce's and Mrs. Mary Herbert's transcripts of Freetown records), as well as "Paine" PGN (EWP's research notes), {5} which also can not be correct given Joseph's 1790 Census enumeration{6) and a 24 May 1791 deed signed by Elizabeth and Joseph selling land she had bought.(7) Joseph married second in Rochester on 24 December 1829 MRS. HANNAH (RANDALL ?) HIGGINS.{2}

Joseph had twice considered marrying someone else twice. In June 1780 his intentions were published in both Rochester and Freetown with ABIGAIL PERLER of Rochester.{2} (She is called "Parlow" in VR ROCHESTER and Abigail "Perler" in VR FREETOWN; the latter would seem to be correct). Intentions were again recorded in both towns for "Joseph Pain Jr." and Abigail on 27 March 1784. The time between the publishments was due to Joseph being in the Continental Army (see below), but why this marriage never took place either time is unknown.

Joseph served a one-month enlistment in a "secret" expedition to Rhode Island in 1777. Accompanying him were John Pain and Edward Pain.{8} He then went into the Continental Army. He deposed on 17 April 1818 that he enlisted in June 1781 in Capt. Marshall's company of the First (Col. Vose's) Massachusetts Regiment for a three-year term. When discharged in December 1783, "I gave it [my discharge] to Alanson Cummings to draw my wages at Boston, and I have never seen it since." A note from Cummings saying "I had his discharge & lost it," was not enough documentation. When in July 1819 Joseph was able to get a state militia officer to declare "Joseph Paine stands on the Regimental Book," he got his pension of $8 per month. {9}(r)(r)

However, Joseph's honesty on the follow-up schedule of assets of July 1820 led to his losing his pension! He had declared "I have 30 acres land and hay to keep a cow 2 thirds of a small house & 1/2 a barn 1 small pr oxen 1 hog 4 sheep farming tools furniture [.] My family consists of myself & wife aged 63 years she is dropsical my own health [token ?] but partial labour for my age the income of my real estate as appraised by the Selectman of Rochester is 9 dollars I owe 200 dollars." When his total property was valued at $333.50, a "Not Entitled" notification in January 1821. {9}(r)

It took five years for Joseph to get reinstated. On 3 September 1821 he sold his real estate to his son James Paine of Rochester, mariner, for $300. This was actually a contract for James to assume his father's debts. His creditors accepted this. Next, in April 1822, Joseph filed another schedule, giving his age as 66 and his wife's as 65. He now only had one cow and one male swine valued at $15 in total ("the sheep...are dead"). His personal estate was just $20.{9}

When this bore no fruit, Joseph turned to the men who knew him best for references - his creditors! Daniel Hathaway declared Joseph "a Poor simple honest man"; Noble Bates as a Rochester assessor "never considered him worth anything" and had not taxed him for two years (Freetown had been equally generous when it rebated a tax of 6s 10p on 26 November 1790 {10}); Alfred Kendrick declared "for a long time I have been in the practice of giving him credit for articles for the use of his family" because "he has always...been a poor man"; and George B. Nye, the man who really owned the property Joseph had "sold" to James, deposed he had "always considered him as an honest, tho simple and ignorant man," and affirmed his inability to work. These were sent to Congressman John Reed who, in writing to Secretary of War James Barclay on 21 February 1826, said: "I have myself seen Mr. Paine. He is exceedingly infirm, one arm almost useless & in my opinion it is impossible for him to perform much labor. There is not in my mind the least doubt he is a man of great simplicity & honesty, that he is very infirm and totally destitute of property." This letter won Joseph reinstatement in March 1826. {9}

Two Joseph Pains are listed in the published U. S. 1800 MA Census for Freetown on p. 764; a check of the original manuscript shows it to be a transcription error. {11} That year Joseph lived next to Gilford, and near Ichabod. His age was given as 26-45 with one son aged 10 to 16 and the other under 10; the females in the household were one aged 26-45, one aged 18-26, and two under 10.

The children's names and birth order was reconstructed as follows. Jesse's death record gives his parents as "Joseph and Elisabeth Paine", {12} and his given age in the 1850 Census fits the eldest son's birth range. {13} Gardner's gravestone birth date of 1789 {2} just fits the youngest male and, according to George Nye's deposition, he later came to share the Rochester house and property with Joseph. {9} James is specifically identified as a son of Joseph in Daniel Hathaway's deposition, {9} and as he had to have reached his majority to execute the 1821 deed, he was likely born late 1800. Two young females are listed in both the 1800 and 1810 censuses, but only Nancy's name is known.

Children (Pain), others likely:
8a i. Jesse, b. Freetown about 1785.
8b ii. Gardner, b. about 1789.
8c iii. Nancy, b. about 1793.
8d iv. daughter, b. about 1794-1800.
8e v. James, b. about 1800-01.

{1} Joseph Paine deposition of 17 April 1818 and Schedule of April 1821 in Rev. War Pension records, SXXXXXXXX which give his age as 63 and 66 respectively.(r)
{2} VR Rochester .(r)
{3} VR Freetown .(r)
{4} Reg. 87:140.(r)
{5} these documents are filed together under "Freetown Vital Records & Misc." at the Old Colony Historical Society, Taunton MA.(r)
{6} U.S. Census 1790, Mass. p.XXXX.(r)
{7} Bristol Co. Deeds 69:477-78.(r)
{8} MSSRW XI.(r)
{9} Rev. War Pension records, # SXXXXXXX.(r)
{10} Freetown Records, p. 247 on LDS Microfilm no. 904379.(r)
{11} U.S. Census, RXXX, Freetown MA, p. 291]

9. ICHABOD PAINE, (? Edward, Joseph, Ralph) was born about 1766, and died before 1819, probably in Rochester. He married in Freetown on 5 January 1791 Diadama Cummings. She apparently married second, as "Mrs. Diadama Paine," Jacob Shearman on 10 May 1819 in Rochester.

There is no "Ichabod Paine" household in the 1790 census. In the 1800 U.S. Census Ichabod was residing in Freetown as a household with one male aged 26-49 (Ichabod), one male aged under 10 (a son) and one female aged 18-26 (Diadama). [U.S. Census 1800, MA Index , 291.]

He is listed for Rochester in 1810.

On 13 March 1792, Ichabod Paine of Freetown, yeoman, sold for 6 to Joseph Paine of Freetown, yeoman two acres of land in Freetown, bounded on three sides by the land of Dudley Hathaway, and on the southerly side by the highway "from David Douglas to New Bedford" with the dwelling house and all other buildings thereon. Ichabod and "Adiard"

On 12 March 1803, Ichabod Paine of Freetown, farmer, sold an unspecified amount of land in Freetown for $120 to Asa Clark of Freetown, farmer, perhaps his sister's or cousin's husband. Diadama Paine waived her dower rights. It was acknowledged and recorded on the same date. Ebenezer Peirce and Augustus Chace were witnesses. This probably marked the date Ichabod moved to Rochester, perhaps following his brother Joseph.

There is some connection to the Chase family through the Cummings family because of the following deed. On 29 January 1803 they were among several people who made over to Augustus Chace of Freetown for $18 all their right, etc. "to the estate of Lydia Chace late of Freetown dec'd." This may have been the Lydia Chase born 21 June 1739 who married about 1763 a William Burk. Augustus himself apparently had neither a wife nor a daughter named Lydia. [BCD 118:464; Reg. 87:140, 88:120.] The signers were Job Peirce, Jr., Ebenezer Peirce, Munson Cummings, Philip Cummings, Jale Cummings, Ichabod Payne and Diadama Payne. The deed was acknowledged 12 November 1816 and recorded 10 February 1826. My surmise was that these are grand nieces and nephews of Lydia (Chase or Cummings), but I can find no such "aunt" in the "Chase Genealogy." Probate has not yet been reviewed, nor has The Peirce Family with this in mind. The relationship may be through the Cummings.

Children (PAINE) likely born in Freetown:
16a. i. poss. David , b. betw. 1796-1800.

[{1} VR FREETOWN ; {2} VR ROCHESTER ; FVR Misc.: B.M.D.]

10. EDWARD PAINE, (Edward?, Joseph, Ralph), was born likely in Freetown between 1750 and 1757,{1} and died in New York, likely Caroline, after mid-1825 and probably before 1832.{2} He married "Rebukah" ( ) between 1776-1781, perhaps in Vermont or New York, and who died after 4 January 1825{3}, and before October 1832 when Thomas Pain, in his pension application, referred only to David as his brother.

This is likely the Edward who served in the "one month" secret expedition to RI in 1777 along with John Pain and Joseph Pain. {3} Edward then lived at Nobletown, Columbia Co., NY, from about 1781 up until probably 1799 when he sold land to Rueben Ferguson.{4}

Also living in the Vermont-New York area from just after the war were these likely brothers, Thomas and David Paine, and their families. (See their entries below.) Edward was for a time resident in Tioga, Tioga Co. NY where his daughter Susannah married George P. Vickery and where Edward settled land on her in 1801.{5} Edward then joined Thomas and David in Caroline NY about 1802.{6} Landmarks of Tompkins County states Edward and Thomas settled in the Tobeytown area before 1812.

In the county assessment of 9 October 1813, Edward's value of real estate was placed at $981. This must have been for Cayuga County, as Tompkins County was not split off until 1817. He lived then in a part of Caroline called Tobytown and owned the farm that later was owned by Simeon Andrews. He has been called "among the earliest pioneers in that vicinity. He died there. On the [assessment] roll of 1825."{6}

Edward disposed of most, if not all, of his property in 1824 and 1825. On 2 March 1824 he sold land to his grandson Edward P. Vickery of Caroline.{7} On 10 April 1824 he sold to George Vickery, either his son-in-law or another grandson, land on the south of the turnpike leading from Jericho to Ithaca, adjoining land of Sylvester Rounsville.{8} On 4 January 1825 he sold land to Peter Webb.{9}

As this seemed to encompass all the land Edward apparently owned, Frank Grant Lewis assumed he had no living son, and that he might have been preparing to live with a daughter (perhaps Susannah or another who married a Webb).{10} However, the Mulk record cited above, placing Edward on the 1825 assessment list, would indicate that they had not sold all their property by 4 January 1825.

The question then becomes, whom did it pass to? At this time, I believe it passed by inheritance to his possible grandson Edward, perhaps Israel's son. [He could be Israel's son, but that would mean positing a first, unknown marriage for Israel, given his wife's declared age of 60 years in the 1850 Census. (Instead of being this Edward's son, Israel could actually be the last, youngest brother of Edward, Thomas and David.)] As Israel moved to Dryden before 1820 and seems to have given or sold his Caroline land to the younger Edward. In such a case, any of the elder Edward's land would just have been inherited by the younger. Much further research in Tompkins Co. probate and deeds is needed.

Children (Paine) perhaps others:
10a. i. Israel, b. about 1776-1777.
10b ii. Susannah, m. George Vickery in NY in 1799. {Citation for this???}
10c iii. [ ] , m. [ ] Webb???????

{1} Calc. using 18-25 year range subtracted from Israel's birth year range.

????????His Freetown and Rochester residencies next to Joseph, and near Ichabod, and his marriage to a Cummings, perhaps sister to Diadama who married Ichabod, incline me to consider him a probable child of Edward. However, Edward's probable move to Rochester in 1774, and Guilford's relative youth in the 1790s,

11. THOMAS PAINE, (Edward?, Joseph, Ralph), was born at Freetown according to his own testimony, perhaps between 4 October and 31 December, 1758 (calculated from his affidavit below) or on 16 November 1757 (according to FHL microfilm # 442601).{1} He died in Caroline, New York on 3 October 1839 "ae 82y 10m 17d".{2} [gravestone, Grove Cemetery, Caroline, New York, transcribed at at ~nytompki/tcem061.] He married Huldah Virgil on 3 August 1781, probably in Vermont, perhaps daughter of James Virgil. She was born about 1764 or 1765, and died on 23 May 1862 "ae 104y 24 d" [gravestone, Grove Cemetery, Caroline, New York] in Caroline, New York. [FGL Corr., Paine Family File, DeWitt Historical Society of Tompkins County; CAG VII:712.]

Thomas was a Revolutionary War soldier. He applied for a pension on 3 October 1832, stating his age as 73 years. On his questionnaire on which he stated he was born "At Freetown in the State of Massachusetts in 1758 and am seventy-four years old" with "a record of my age at my brother David Paine's in Caroline". "When called to service I lived in Freetown Mass -- moved from thence to Burlington Vermont -- from thence to Nobletown NY from thence to Kinsbrush & from thence to Caroline Tompkins Co. NY where I have lived for about thirty years" [i.e. from 1802]. "At first I enlisted as a volunteer and served fifteen months and again enlisted and served one year", but "I never received any written discharge."

[U.S. National Archives, Record Group M804, Revolutionary War Pension Applications, Land Claim no. 13729-16055 filed under W18720. There is another set of these papers apparently on file in the Tompkins County Clerk's Office according to handwritten notes labeled "Found in Mulk's records", Paine Family File, DHS.]

In another document he detailed his service record: his initial enlistment was in June or July 1776 in Capt. Sawyer's Rhode Island artillery for fifteen months, during which he served at the Battle of Rhode Island (1777) under General Sullivan and was discharged at Providence; he then served several short stints, including one in the fall of 1777 where he was wounded in the by the kick of a horse; after moving his family in April 1781 to Nobletown, NY (presumably from Burlington VT), he re-enlisted under Capt. Newell for nine months, seeing action in July or August 1781 at the Herkimer's House battle. Witnesses to both documents included his brother David Paine (but not Edward Paine, no. 9 above) as well as William and A. R. Rounsells. {The Rounsevilles were a long established Freetown family [See Reg . 19:47-53]. A William Rounsville of Caroline NY published his marriage intentions with Polly Howland of Freetown on 2 Nov. 1816 [VR FREETOWN.] I believe these Rounsevells are the sons of William and Rebecca (Hoar) Rounsevill of Freetown listed as no. 30 (William) and no. 32 (Abiathar) at Register 19:49. If so, they would be five to eight years younger than Thomas.}

Despite these testaments, no pension was awarded him before his death. His widow Huldah and his daughter Elizabeth then began their own (successful) efforts to obtain a pension and later land bounties.

Children (Paine), from pension record, FGL Correspondence, and D.A.R. Application # 205904, likely other children:
18 i. James, b. before 1783.
19 ii. Joseph, b. about 1785.
20 iii. Elisabet, b. about 1787.
21 vi. Abigail, b. about 1792.

*12. DAVID PAINE, (Edward?, Joseph, Ralph), was born in March 1762 in Freetown [perhaps on 8 March 1762 according to IGI 1994, probably citing FHL M # 442585, though DAR Application # 582595 gives it as "18 April 1762". As this application gets it from an earlier one, # 255161, that one needs to be checked. David just might have mis-remembered the month given his age at the time (70), and he definitely does not give a specific date. But as Thomas had stated that his proof of age was at his brother David's, one has to assume that that proof was a family Bible and David's birth date would have been recorded also, and so David would know which month], and died at Caroline, Tompkins Co., NY on 11 December 1842 "ae 80y 9m 3d" [gravestone, Grove Cemetery, Caroline, New York].

He married about 1787 Sarah Cornell, who died before 3 October 1832, on either 9 March 1811, 1821 or 1831. [DAR Application # 582595 gives the probable marriage date, which seems reasonable. Sarah's death date is from Higgins to FGL, 8 February 1930, which notes the unreadability of the third digit on her stone. Given that David mentions no wife and no children in his pension application, Sarah was in all likelihood deceased by October 1832. and also {1} FVR Misc.: B.M.D. {2} VR FREETOWN. {3} VR ROCHESTER. {3} .]

David was a Revolutionary War soldier. No wife or children are mentioned in his pension petition. [NA Record Group M804, Revolutionary War Pensions, no. S14085, "Paine, David".] The petition was sworn before the Court of Common Pleas for Tompkins Co. on 3 October 1832 and witnessed by William and Abratha G. Rounsevell, both of Caroline, and Edward E. Dodge, clergyman of Dryden who also witnessed David's brother Thomas' petition. David signed with a mark. {These Rounsevells are likely the sons of William and Rebecca (Hoar) Rounsevill of Freetown listed by E. W. Peirce as no. 30 William and no. 32 Abiather at Register 19:49. If so, they would be three to five years younger than David.}

In his petition, David affirmed he was born in March 1762 at Freetown but does not name his parents. His first enlistment was at Nobletown, Columbia Co., New York where his brother Thomas also lived. David enlisted again in April 1781 as a private in Captain Newell's company, Col. Marinus Willet's regiment, which marched to Fort Hunter, thence to Johnstown. He was in several skirmishes with the British and Indians near Little Falls on the Mohawk River, and was then discharged early in January 1782 at Fort Herkimer. David goes on to state then resided in Duanesburg, NY and then Caroline, Tompkins Co., NY. He claimed never to have received a discharge. His war experience, similar to his brother Thomas' but less extensive, garnered him the pension that eluded Thomas. The pension was issued on 9 May 1833 at $20 per year from 4 March 1831. [See also Fernow, Archives of the State of NY in the Revolution, I:444 and II:437 (NY Tompkins Co. Pension Rolls) cited in DAR Application # 582595.]

David did names his children in his will of 11 December 1842. [Tompkins Co. Surrogate's Office cited by FGL Corr.]

Children (Payne), from David's will of 11 December 1842, in order cited by FGL, dates from IGI 1994 edition:
12-22 i. John, called John Parks, b. about 1799 {FHL M # 442601}.
12-23 ii. David, b. 2 Nov. 1795 {FHL M # 442601}.
12-24 iii. Sarah, b. about 1801 {FHL M # 442585}.
12-25 iv. Benjamin, 4 Aug. 1807 {FHL M # 1479821 for cemetery records}.
12-26 v. Lydia, b. about 1793 {FHL M # 442585}.
12-27 vi. Ruth, b. about 1797 {FHL M # 442585}.
12-28 vii. Elizabeth, b. about 1803{FHL M # 442585}.
12-29 viii. Polly [Margaret?], b. about 1805 {FHL M # 442585}.