RALPH PAIN'S DESCENDANTS
draft 2006

Robert M. Gerrity
P. O. Box 2814
Acton, MA 01720
email address

SECOND GENERATION

 

2. MARY PAIN, (Ralph), was born probably in Newport RI about 1680-82, and died in Middleton RI on 31 December 1762. She married in Newport on 23 November 1704 as his second wife Giles Slocum of Portsmouth RI and Newport. He was born in Portsmouth on 25 March 1647 and died in Newport shortly after 25 December 1713.

Mary Pain was residing in Newport and Giles Slocum was of Portsmouth when they were wed by Joseph Sheffield, Assistant. Giles and his first wife, Anne Lawton, had resided in Dartmouth MA, where he was a proprietor from 1669. They were back in Portsmouth by 1679. Giles was only admitted a freeman of Newport in May 1707.

Giles’ will proves he had amassed substantial properties in Datmouth, the Elizabeth Islands and in Newport, all of which were still to be disposed of at his death at age 66. One item made specific provision of Dartmouth lands and rights for Mary’s unborn child if it was a boy (it was Benjamin). Mary herself was to receive "all the household Goods she Brought with her and my Indian Girls Audry & Sarah she Performing Their Covenant…." She was also to have "…the whole use and Benefitt of all my housing and Land in the Township of Newport with all my Goods and Chattles and the Benefitt of my Two Indian Servant Boys as Long as she Remains my widdow for her Support and Bringing up of my Children… {which} is In Lieu of her Thirds." If she were to remarry before her children attained eighteen years, then Giles’ sons Giles (by Anne Lawton) and Joseph (by Mary Pain) were to take over all the Newport property for "the Best Use and advantage" of the four younger children. The property would then pass to Joseph and his brother Peleg. Mary, Giles and Joseph were named co-executors.

Mary never remarried, outliving Giles by almost fifty years. It was as "widdo" that she gave her quitclaim of 13 March 1728/9 to her brother John for the South Quarter in the 19^th Lot. This quarter’s boundaries were: The "Countrey Road" was on the west, her brother-in-law Amos Briggs’ land was on the north, her brother Joseph’s land was on the northwest, the 19^th Lot’s end line was on the south and Jacob Hathaway’s land was on the east. I have found no deed disposing of this substantial property. One or all of the brothers may have farmed it for awhile under a lease arrangement. Mary may then have sold it to the Hathaways or some one else. A significant amount of title research is called for to settle this issue.

By 1733/34, Mary was residing in East Greenwich RI, probably with her son Joseph who had moved there by 1723. On 26 March 1734, Mary appealed to Rhode Island’s General Court of Tryalls to overturn a lower court decision. At its November 1733, session held at Newport, the Inferior Court of Common Please had ruled in favor of Samuel Dyre of Newport, yeoman, on an action of debt that Mary had brought against him. The General Court ordered an attempt to reach a compromise because referees were appointed at this session: Thomas Spencer Esq. for Mary, Mr. Nicholas Cam for Dyre, and Mr. Nicholas Easton for the court. However, when the case next came up the 2 September 1734 sitting, the referees made no return. The General Court then sent the case to the jury, which found for Mary, reversing the former judgement, and awarding her court costs of 8L 9s 10d, a considerable sum.

This action against Dyre was part of Mary’s highly successful management of her husband’s and her own assets over the course of her life. Her will dated 16 May 1761, was proved 9 April 1763. The inventory totaled 1679L 7s, of which 499L 7s (or over one-third) was in notes and bonds, the personal loans or private mortgages such as the one to Dyre. Mary had clearly made good use of all "the Goods she Brought with her" to her marriage, if any, and what she had received as her "Thirds" from Giles’ estate.

At her death, Mary was resident in Middletown RI, probably living near one of the children named in her will. She made some very specific bequests:

1. to son Joseph, one silver spoon;
2. to son Benjamin, one silver spoon, one silver cup and one "Great Bible", as well as the rest of her undisposed estate;
3. to daughters Martha Lawton and Ann Peckham, "all my wearing apparil" to be equally divided between them, as well as her undisposed household goods;
4. to grandson Giles Slocum, "my now dwelling house together with fifty pounds of publick credit old tenor", one silver spoon and one cupboard;
5. to granddaughter Desire Slocum, one wool bed, one good coverlet, one warming pan and iron pot;
6. to grandson Giles Lawton, 10L;
7. to granddaughter Mary Barker, 10L, and
8. to granddaughter Mary Sayles, 10L.

Benjamin was named executor. Witnesses were James Mitchell, Samuel Allen and Anna Mitchell. Mitchell and Allen took the inventory

Children, Slocum, all recorded at Newport:
7.     i. Joseph, b. 30 11th mo. [Jan.] 1705/06.
8.    ii. Peleg, b. 3 7^th mo. [Sept.] 1707.
9.   iii. Martha, b. 20 7^th mo. [Sept.] 1709.
10. iv. Ann, b. 15 8^th mo. [Oct.] 1711.
11.  v. Benjamin., b. 30 11^th mo. [Jan.] 1713/14.

 

3. JOHN PAIN, (Ralph), was born in Rhode Island, perhaps Providence or Newport, about 1681-84, and died in Freetown on 17 December 1765. He married in Freetown on 31 October 1705 REBECCA DAVIS. She was born likely in Freetown about 1682-6, the daughter of William and Mary (Makepeace) Davis of Freetown, and died there after 2 October 1771 and likely before September 1774.

John, always described as "yeoman" in deeds, worked with his father in farming the family’s half of the Nineteenth Lot of the Freeman’s Purchase in Freetown. Even after his marriage, like many New England sons in this time period, John was not independently established on his own property for some years. He and his younger brother Thomas received 100 acres each by deed from their father only on 20 April 1711. Thomas was now independently established as a farmer nearly a year before his marriage, while John had already been married five and a half years! How much this mattered to him is difficult to say, but, whereas Thomas had his deed acknowledged and recorded within months, John only got his deed acknowledged on 8 May 1716 and then only got around to having it recorded on 19 September 1720.

Ralph’s second grant of land to John was made on 10 January 1720/21, when he deeded over an acre and a half. It was bounded on the east by Fresh Meadow Brook, on the north by the Rev. Thomas Craighead’s land, on the west by "Ralph pains Land having Special Regard to ye bound which is set up which is a straight Line from sd stake and stones to a black oak pole from thense to a great Red Oak tree both marked," then back to the brook. Brother-in-law Amos Briggs and neighbor Philip Rounsevell witnessed the deed. Ralph acknowledged it quickly on 26 February 1720/21 and John recorded it on 11 September 1722.

By his will of 23 April 1722, probated February 1727/8, Ralph bequeathed to John and Thomas "one quarter share in Bredth of my half share or lot of Land in freetown on the north side of sd Lot beginning at my son Thomas pains Land…to run so far upon till it Comes to the River to be Eaqualy between my two sons divided…." How much acreage actually made up a "quarter share" I have not yet been determined. That Ralph was trying to bequeath relatively equal portions is clear; Mary, Sarah, and Joseph each received a full quarter share, while John and Thomas were to equally share in the fourth quarter, having already received the 100 acres each mentioned above. In total, John and Thomas may have received more total acreage than their siblings, but if so and how much more is not clear at present.

John’s few land transactions mostly involved family. While their father was still alive in 1726, John purchased part of his brother Joseph’s property. In February 1729/30 he sold to his brother Thomas for 30L the six acres of land on Bryant’s Neck that included the family cemetery. And as his father had done for him, and in the same manner, John sold to his son, John "Junr., Boatman", 30 acres of his farm for 100L old tenor on 8 March 1745/6. This was land John Jr., almost eight years married, was already living on.

Just three transactions involved his neighbors. In 1716 John sold the "head of the half Lot…[where] I now live" to Jacob Hathaway, yeoman, for 20L 12s. (The decision to make this sale is what prompted John to get Ralph to acknowledge the 1711 deed.) In October 1729, John bought from Lot Strange of Freetown, cooper, 10 acre for 90L, it "being a part of the Southernmost half share of ye Nineteenth Lott…." From its description, it appears this is the land (plus two acres) that Strange had acquired from John’s brother Joseph on 5 April 1725 for 24L currant money. Joseph’s deed had reserved John’s cartway privileges; this tided up the matter. Why John’s purchase price was so much higher than Joseph’s selling price is unknown. Finally, in 1750, John sold 16 acres of the Nineteenth Lot for 300L to neighbor Philip Hathaway. This acreage was bordered on the north and south by Hathaway property with the "Countrey Road" on the west. All in all, these transactions were made to straighten out property lines and usage issues.

John held few and only minor town offices, and never seems to have had anything to do with the county courts.

His will, dated 5 February 1763, proved on 6 May 1766, disposed of "the worldly state ye Lord hath Lent me" as follows:

1. wife Rebecca Pain to have use of all his lands, buildings and movables for her material life, excepting what the executor needs to settle probate, any "overplus" on the settlement to be paid her by the executor within one year after John’s death;
2. his two grandsons John and Ebenezer, "my Late Son John Pains Two Sons", to have the south half of his half share of land ion Freetown to be equally divided between them, after Rebecca’s death;
3. granddaughters Mary and Abigail Pain, his son John’s two daughters, to receive one dollar each from his estate at age eighteen, brother John to pay Mary and brother Ebenezer to pay Abigail;
4. grandsons Solomon and John, "my Late Son Solomon Pains Two Sons", to have the northerly half of my half share of land in Freetown after Rebecca’s death;
5. granddaughter Lydia Pain, only daughter of Solomon, to receive two dollars from estate at age eighteen, payable by each of her brothers;
6. daughter Sarah Witherell, widow of Seth, one seventh of his movable estate remaining after her mother’s death;
7. daughter Phebe Douglas, wife of Hugh, one seventh also;
8. the children of his late daughter Rebecca Baggs, one seventh also to be divided equally among them;
9. the children of his late daughter Elisabeth Davis, one seventh also to be divided equally among them;
10. the children of his late daughter Mary Witherell, one seventh also to be divided equally among them;
11. the children of his late daughter Margaret Pierce, one seventh also to be divided equally among them;
12. the children of his late daughter Priscilla Cleveland, one seventh also to be divided equally among them;
13. his Negro man, called Nero, his freedom after Rebecca’s death;
14. his eldest son John Pain to be executor;
15. the executor to set engraved stones upon the grave within a year, and if he neglects, than "Kinsman Ralph Pain Should Cause ye Same to be Done & be Paid" for it by the executor.

Witnesses were Samuel Freeman, Meres [Morris?] Gilbert and John Crane.

Rebecca lived well into her nineties. Her daughter and son-in-law, Phoebe and Hugh Douglas, eventually took her care of for two years under a court ordered guardianship. The selectmen of Freetown petitioned Bristol General Sessions for this arrangement on 2 October 1771. Acting on a complaint to them about her condition, they found her "so are advanced in old age that she is not capable of Taking Care of herself and Estate." John Hathaway of Freetown was appointed guardian. He initially submitted an account to the court on 30 July 1776. For the two years he had managed her estate, it had generated 42L 18s 5p: grandson John Pain and nephew Ralph Pain had contributed 5L 13s 3p and 1L 16s 6p respectively, the farm had been rented for two years for 24L in total, a debt of 12s had been collected, and John’s "man" Nero had bought off his time for 7L 4s. The estate’s costs included paying the town its taxes, advertising the farm for rent and writing the lease (4s 6p), reimbursement to the Douglas’s for "Keeping & Boarding sd Non Compos 2 years (31L 4s), and other "sundries", for a total of 35L 15 s 7 p. The court allowed the account. Who received the estate’s remainder was not noted; there are no quitclaims in the file papers.

Children, Pain, all probably born in Freetown:
12. i. Rebecca.
13. ii. Sarah.
14. iii. Mary.
15. iv. Elizabeth.
16. v. John.
17. vi. Margaret.
18. vii. Solomon.
19. viii. Phebe.
20. ix. Priscilla.

 

4. SARAH PAIN, (Ralph), was born perhaps in Newport or in Swansea MA about 1683-1686, and died probably in Berkley after 14 March 1753. She married at Freetown on 2 January 1705/06 AMOS BRIGGS, son of Jonathan and Experience (_____) Briggs of Berkley. He was born about 1681 in Taunton, and died in Berkley on 24 March 1760.

Sarah, three months pregnant when she married Amos, returned home in early May 1706, where she gave birth to her daughter Marcy on 26 June. That her return was not just to have the baby in comfortable surroundings is indicated by what Amos promptly did next. He filed a complaint at the 6 July 1706 General Sessions sitting, alleging she had been absent from their home for two months and having forthrightly declared her intention never to return to him. He alleged further that her mother Dorothy had said Sarah would never return to him. The justices had Ralph and Dorothy brought before them, heard both sides, "read some papers" and found for Amos, ordering the senior couple to pay court costs and persuade their daughter to return to her husband.

Reconciled, Sarah and Amos settled in Taunton, presumably living on land of Amos’ father. Jonathan Briggs’ estate being divided among his eight sons on 30 March 1708, just two days later on 1 April 1709, Amos arranged a land swap with Thomas King – Amos’ inherited property for King’s Freetown land. Sarah and Amos stayed in Freetown for the next twenty-six years.

Amos sold different parts of this property in a deed of 24 May 1710 to his brother Benjamin Briggs of Taunton (10 acres) , and in a deed of 5 March 1712 to Isaac Hathaway of Freetown (20 acres). With his working acreage much reduced, it is likely that Amos was already farming what would be his wife’s quarter share inheritance before Ralph’s death in 1727.

Sarah, like her sister Mary, received in her father’s will one full quarter of the 19^th Lot, about 100 acres: "on the north quarter of sd Lot of Land the whole quarter in Bredth beginning at the River so far up untill it Comes to my son Joseph pains Land…." Within a year, on 7 February 1728/29, Amos, with Sarah releasing her dower rights, sold 10 acres to bordering neighbor David Evans. It’s not yet clear whether this was acreage from the Mitchell purchase or from Sarah’s quarter. The next sale was clearly land from Sarah’s patrimony. On 5 April 1730, Amos sold, again with Sarah releasing her dower rights, "18 A of 19^th lot of Freetown" to another neighbor, Guilford Hathaway.

Five years later Amos and Sarah moved to the bordering town of Dighton, where his brother Thomas lived. On 10 January 1734/35, Amos Briggs "of fretown" bought from Charles and Dorothy Joslin of Dighton, 40 acres there for 240L. By 1738 Amos and Sarah may have been residing in Berkley. When their daughter Hannah, aged twenty-six, was presented to the Gneral Sessions at its December 1738 sitting for having "a Bastard Child" by her first cousin John Pain Jr., she is called "of Berkley". The court’s particular interest was to make sure the child’s upbringing "might not become chargeable to the town of Berkley." Amos later sold land in Berkley to his sons and others, but there is no record of his purchase there which would more accurately date his and Sarah’s moves.

When Amos granted land in Freetown to Amos Jr. of Berkley in 1748, Sarah did not waive her dower rights, as might be expected. However, in a subsequent grant of Freetown land to Amos Jr. in 1752, she did do so, indicating this must have been from her quarter share. These, and other deeds summarized in CB must be reviewed in the originals, as also Amos’ will of 14 March 1753, probated on 6 May 1760, as well as any file papers on his estate, in order to determine how Sarah’s Freetown land was dispersed. Information therein may confirm whether Sarah died shortly after Amos wrote his will or after it was probated.

The regularity with which Sarah had children suggests at least one child and possibly two born between 1706 and 1709 who died young. Ralph’s 1722 will made specific provision for family access to the burial place, located within Sarah’s share, "whar some graves are all Redy…."

Children, Briggs:
21.     i. Marcy, b. Freetown 26 June 1706.
22.    ii. Sarah, b. Freetown 16 June 1709.
23.   iii. Mary, b. Freetown 1 May 1711.
24.   iv. Hannah, b. Freetown 8 November 1712.
25.    v. Amos, b. Berkley 6 February 1715.
26.   vi. Thomas, b. Berkley 20 June 1717.
27.  vii. Abigail, b. 27 June 1719.
28. viii. John, b. Freetown 18 September 1721.
29.   ix. Nathaniel, b. Berkley 8 December 1724.
30.    x. Nathan, b. Berkley 10 May 1727.

 

5. THOMAS PAIN, (Ralph), was born perhaps in Swansea or in Freetown about 1687-94. He died in Freetown between 23 April 1759 when he acknowledged a deed, and 1 November 1759 when his will was probated.

He married first at Freetown on 21 February 1712 SUSANNAH HASKELL of Freetown, daughter of John and Patience (Soule) Haskell, and a granddaughter of Mayflower passenger George Soule. Susannah died probably before 6 February 1728. Thomas married second at Freetown on 12 September 1731 ANNABLE CANNADY of Middleborough, who probably died between 27 October 1752, when Thomas wrote his will, but before 14 January 1754, when she did not waive her dower rights on a deed of Thomas’ to his son Ralph.

Like his brother John, Thomas served in only minor town posts and had no brushes with the county courts. Of his life with Susannah, we have only the following record: she and he quitclaimed to her brother John Haskell on 6 August 1212 all their rights in the estate of her father John Haskell. This was land given by George Soule to Susannah’s mother and father, his daughter Patience and her husband John, by deed of gift on 26 January 1668. One of Susannah’s sister did not give a quitclaim and that later led to a lawsuit.

Susannah may have been deceased by 6 February 1728. On that date, Thomas sold for 100L "currant money" to John Marshall, shipwright, of Freetown, 10 acres of salt marsh, across "the full width of half of my shear", "being part of the nineteenth Lott in freetown…." If this acreage was part of the land Thomas had just inherited a month earlier, then Susannah should have had to waive her dower rights. She did not. However, it is possible this acreage was part of Ralph’s 20 April 1711 gift of 100 acres to Thomas. If so, Susannah had no dower rights to it and her signature was not required.

Regarding Thomas’ second wife Annable Canady, MF3 calls her the daughter of Alexander and Elisabeth (Lisnor) Canady of Plymouth MA and Middleborough MA. However, the Morton transcription of Rev. Peter Thacher Jr.’s list of "Members of the First Church of Middleboro" records "Anibal Canedy" joining the church on 7 August 1730 as the daughter of Hopstill and Sarah Canedy. Morton also printed a notation under this record as "2^nd m bef 1739 to ______ Paine". Whether this was a later interlineation by Rev. Thacher or some one else, or Morton’s own note is not clear. At this point, I believe Annable’s parentage is in question.

Also, there is some confusion over her given name. EWP in his Register article on the Pains gives it as "Thankful" while MF3:Soule has it as "Annable". Thomas’ will, and various deeds on which she waived her dower rights, establish conclusively that her name was the latter, and that "Annable" was its regular spelling. Somehow her daughter’s name got transposed as her own. "Canedy" or "Canady" is, of course, Kennedy.

Thomas bought and sold only small parcels of his "half shear", most for decent sums. The 1728 sale described above was preceded by one day by a purchase of a quarter acre of salt marsh for 3L. Perhaps Thomas needed it to square off the ten acres he sold to Marshall. On 4 September 1735, Thomas sold to Marshall two more parcels totaling 15 acres, the western boundary of one being the Assonet River. As Annable did not waive her dower rights, these parcels were likely part of Ralph’s 1711 deed of gift to Thomas.

Earlier that year, 1 March 1734/35, Thomas sold for 3L "currant" to David Evans of Freetown, yeoman, 12 rods of land "taken out of my home stead in ye North Corner of ye same", "besides ye Beach & flatts adjoyning to ye same…" This deed has the most extensive and detailed description of property lines of any deed involving Thomas, including a reference to the "middle line run by Samuel Bowen the Surveyor the Dividing Line between sd Evins & pain…." The Evans’ had long been neighbors as owners of the northern half of the 19^th Lot. Eleven years later, on 18 February 1745/46, Evans bought 3 and ¾ acres more of land fronting the Assonet River from Thomas, this time for 88L. Annable waived her dower rights only on the 1745/46 sale, not on the 1734/35 sale. (These two deeds were not recorded by Evans until 1750, when he went to record a third deed for 130 acres in both the 19^th and 20^th lots.)

The only other non-family sale was on 12 May 1739 to Philip Hathaway of Freetown, mariner, of one acre of "Land Islands & Hamocks" for 16L, of which the eastern boundary was "a River or Cove Commonly known or Called Pains Cove". Its western boundary was Evans’ land, while its southern boundary was the middle line of the south half of the 19^th Lot which marked the north boundary of Joseph Paine’s land. Annable waived her dower rights, signing with her mark.

The one transaction Thomas made within the family was a modest sale to his eldest son Ralph. Unlike the largesse he had received from his own father, Thomas sold 5 acres for a homestead lot to Ralph for 60L on 27 May 1740. Its western boundary was the Marshall sale of 1728. Annable again waived her dower rights with a mark.

"…being sick and weak in body but of perfect mind and memory…", Thomas wrote his will on 27 October 1752. He firstly gave his soul "into the hands of God that Gave it hoping through the…death & passion of my Saviour Jesus Christ to have full and free paid on..all my sins and to inherit Everlasting Life…." He then disposed of "such worldly Estate which with it is pleased God to gift me in this Life…" as follows:

1. his executor to pay all his just debts so that those persons "shall be well and truly Contented…";
2. his four sons, Ralph, Job, Charles and Peter to have the homestead farm in Freetown and all its buildings, to be divided equally when the youngest sons reach the age of 21, provided they pay all his just debts if his personal estate cannot meet them. If "either of the aforesaid sons should die before they reach" 21, then their portion to be equally divided between "the surviving Brethern";
3. "well beloved wife annable" to have use for life of the left room in the house and proportionate use of the cellar and garret, and also life interest in the income from one third of his real estate as well as a third of "my Indoor moveable at her own disposal for ever";
4. Job Pain to be executor, and to have the income from one third of the real estate until the youngest sons come of age, this to "innable him to pay the Legacy hereafter mentioned";
5. His four daughters, "Marey" Farrow, Betty Winslow, patience Winslow and Thankful Pain, to be paid 3L 10s each by Job Pain, one fourth each year until fully paid;
6. His daughter also to have one third of his indoor moveables to be equally divided between them.

Witnesses were William Canedy (probably Annable’s brother), George Winslow, and Ambrose Barnaby.

(N.B. Several previous researchers have mistakenly read Job Pain’s name as "Tobe". The name is clearly "Job" in the original and on other court documents in the file papers. However, in copying it into the official bound volumes, the clerk’s stylistic embellishment of "B" as an ending consonant, coupled with his short bottom loop on capital "J", makes the name actually look like "Tobe". Unfortunately, that most careful transcriber, H. L. Peter Rounds, in Bristol County Probate Abstracts II, cements the "Tobe" interpretation in print. Whenever possible, a researcher must consult originals. And county court file papers, both for probate and for sessions, should always be consulted!)

As the widow’s portion was not formally set aside by the probate judge in either the bound records or as a note that survives in the file papers, Annable is likely to have died by the time the will was probated on 6 November 1759. And she and her other son Charles may have been deceased as early as 14 January 1754 as evidenced by the last three recorded deeds involving Thomas.

The first deed is the 1745/46 transaction already discussed above between Thomas and his son Ralph, "shipwright". What is significant is that it was not recorded until 12 February 1754, the same date on which Ralph recorded the deed of 14 January 1754 in which Thomas sold to Ralph for 66L 13s 4d "ye southerly half of my home stead". In a deed of the same date, the northerly half went to son Job for the same price.

Both deeds are simple and without reservations. And as they contravened expressed items of his 1752 will (which the probate court accepted without hesitation in 1759), it can only mean that:

1. Thomas could no longer actively work the farm but wanted to maintain his independence, hence the sale for cash and not as deed of gift, though how the monies were to be paid was not specified beyond the traditional "in hand" clause,
2. Annable had to be deceased because there was no clause protecting her life interests, nor did she waive her dower rights on either of these deeds, and
3. her son Charles also had to be dead because the two deeds divided Thomas’ entire real estate, such a division among the "surviving Brethern" actually being a clause in the will.

Whose death, Annable’s and/or Charles’, precipitated Thomas’ decision may never be known. (The youngest son, Peter, had already died.) The probate court file papers, under "Thomas Pain, 1759, Freetown", contained only the originals of the recorded documents. While there are no quitclaims in the file papers from his sisters for their bequests, there are also no protests of non-payment, so Job must have made good that clause of the will

Children, Pain, all born Freetown, first six by Susannah Haskell and last three by Annable Canady:
31.     i. Marcy, b. 12 September 1712.
32.    ii. Elizabeth, 15 June 1714.
33.   iii. Ralph, b. 25 November 1716.
34.   iv. Thomas, b. [1718?], d. before 14 January 1754.
35.    v. Patience, b. 4 May 1720.
36.   vi. Job, b. 11 October 1723.
37.  vii. Charles, b. after September 1731.
38. viii. Thankful, b. after September 1731.
39.    ix. Peter, b. 1741, d. 11 March 1753.

 

6. JOSEPH PAIN, (Ralph), was born probably in Freetown MA about 1695-1699. He died after 24 January 1748/9, the date he last acknowledged a deed, and most likely was the Joseph Pain who died in the neighboring town of Berkley MA on 27 October 1760. He was married in Freetown on 20 November 1719, by the Rev. Mr. Thomas Craighead, to RUTH CASTLETON of Freetown. 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," but the original Freetown record clearly states "Ruth." At present, I believe her to be of Scotch-Irish extraction, perhaps a recent emigrant in a party with the Rev. Mr. Craighead. The period of 1715-1721 saw a significant influx of Scotch-Irish immigrants, especially into the "hinterlands" of New England—New Hampshire and Maine. 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" 30 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. 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. 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.

Joseph's next sale at least kept the land in the family. His brother John paid him 10œ 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.

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." Joseph sold 14 acres for 230L 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.

Whatever activities he was involved in, they brought Joseph no success, and so he sold off much of his patrimony piece by piece throughout the 1730s. On 14 July 1730 he sold his brother John two acres for 20L. Almost a year after that, on 1 June 1731, Joseph sold still more land to John, 10 acres for 45L, 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. Six months later on 2 January 1732/3 Joseph sold five acres for 28œ to Isaac Hathaway, having just sold one acre for 26L 10s to John Baggs (a nephew-in-law) on 28 December 1732.

His disposal of property went on. Another sixteen acres were sold for 110L to brother John. Next the core patrimony, five acres with house and orchards, went for 115L on 1 January 1736/7 to neighbor Philip Hathaway. Finally, there were only small parcels--a quarter of an acre sold for 2L on 7 February 1739/40 to Philip Hathaway, and on 9 March 1741/2 two acres to nephew Ralph Pain for 22L. 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. The Joseph Paine whose death in Berkley is recorded for 24 October 1760 is most likely this Joseph and not his son. 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, or for Ruth, or for any of his children. Associative research will be the key to reconstructing this family. Given the difficulties involved, I treat Joseph’s descendants in a separate publication.

Children, Pain, possibly others:
  i.  Joseph.
 ii.  Ruth.
iii.  Edward.
iv.  Dorothy.

 

FOOTNOTES:

Charles E. Slocum, A Short History of Slocums, Slocumbs and Slocomes of America (Syracuse NY, 1882) 54, 68-9. Hereinafter Slocums. The information that CES presents here on Giles and his parentage is completely superseded by Jane F. Fiske, "The Family of Giles (2) Slocum of Dartmouth, Massachusetts and Newport, Rhode Island: A Corrected Account Based on New Evidence," Rhode Island Roots, March 1993, 13-24. Hereinafter Fiske, "Giles Slocum". Note that this might be the marriage intention as Rhoads, RIVR 3:34 gives the marriage date as 16 November 1704.

Fiske, "Giles Slocum", 16; Slocums 44, 68.

Fiske, "Giles Slocum", 16. Mrs. Fiske found a copy of Giles Slocum’s will at the Bristol County Courthouse in 1988. The original was presumably lost when a British naval vessel carrying Newport’s records sunk in New York harbor in 1779, after the British evacuated Rhode Island. Without it, C. E. Slocum in Slocums made the not unreasonable assumption that Anne Lawton’s Giles and Mary Pain’s Giles were two different men because of the time between the marriages. The will shows conclusively that they were one and the same.

Bristol County Probate 6:213, 734. See the description of Joseph’s land sales below where no boundary with Mary’s quarter is ever mentioned. That may only mean that the core amount of land Joseph passed on to his son Edward may have bordered Mary’s.

"General Court of Tryalls & General Goal Delivery", vol. B:467, 480, Rhode Island State Court Records, Providence College Library, Providence RI. These records have now (2000) been transferred to other facility and Mrs. Fiske is preparing the earlier records for publication.

Fiske, "Giles Slocum", 18-19.

Fiske, "Giles Slocum", 18-19 citing Middletown Probate Records 2:36-37. See also "Abstract of Wills:…Middletown, R. I.", Register 122:102 and RIGR 5 (April, 1983) 325 WHICH PROVIDE A SHORT ABSTRACT OF NAMES ONLY. From the RIGR abstract, I realized that C. E. Slocum had made NO mention of a daughter Ann married to a Peckham, nor of a granddaughter named Desire. Following Slocums, I had supposed Ann Peckham was not a daughter of Mary, and so did not list her in this work’s original edition. Here she takes the place of "John" to whom C. E. Slocum assigned her birth date! For more on all this confusion, see the Slocum entries in "Third Generation".

Fiske, "Giles Slocum" 19 citing Arnold.

Birth year range calculated from marriage date in relation to other siblings. Death date from VR FREETOWN.

VR FREETOWN.

FVR-Misc., "Davis" sheet.

Philip Greven, Four Generations.

BCD 13: 328.

BCD 14: 363.

BCP, File Papers: "Ralph Pain", original will.

BCD 17: 91.

BCD 21: 19.

BCD 36: 372.

BCD 12: 176.

BCD 19:274.

BCD 39: 285.

BCP 10: 30, 11: 277, 309, 19: 410, 412, and File Papers: "John Pain, Freetown, 1767". That file date refers to the year of Ralph Pain II’s appointment as guardian for his nephew John Paine, his cousin Solomon’s son, and not, as would be usual in this county’s marking system for files, for the date of John Sr.’s death.

BCD 22: 20, 24:229, and File Papers: "John Paine, Freetown, 1767". There are no separate file papers for Rebecca.

CB I:11, 27 (where the place of marriage is given as Taunton).

Berkley VR I:242, 244 (manuscript at NEHGS).

Bristol County General Sessions of the Peace I:99; "Briggs" PGN.

CB I:10, 27; BCD 6:381, 7:73.

BCD 7:235, 550.

BCP 6:74-5.

BCD 19:202.

BCD 19:261.

CB I:25-6.

BCGS I (Dec. 1738 session). Volume now at Commonwealth of Massachusetts Archives, Columbia Point, Boston MA. See Hannah’s entry below for a fuller description of this event.

BCD 41:502.

BCD 41:408-09.

BCP 17:19.

"Briggs" PGN and VR FREETOWN.

BCD 43:555-56.

Rounds, BCP Abstracts II:XXXX

MF3 39.

Robert S. Wakefield and Ruth Wilder Sherman, "The Children of John and Patience (Soule) Haskell", The American Genealogist 57:77-80.

BCD 18:409-10, 410-11.

BCD 7:13-14.

MF3:Soule 39. See also VR MIDDLEBOROUGH I.

Morton, Middleborough 655.

BCD 18:409-10, 411-12.

BCD 25:217.

BCD 37:313-14.

BCD 37:314.

BCD 37:315.

BCD 30:381.

BCD 39:31-32.

BCP 16:422.

BCP Abstracts II [ ]

BCP 16:346, 395, 420, 422, 435.

BCD 41:93, 93-4.

BCD 43:555-6.

"Pain" PGN and VR FREETOWN.

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).

Registry of Deeds, Bristol County, Taunton, Massachusetts, (hereinafter BCD), 36:489-90.

Town of Berkley Records MS NEHGS.

Helen Sherman, compiled, Vital Records of Freetown, Massachusetts (Heritage Books, 1988), hereinafter VR FREETOWN.

Ebenezer W. Peirce, "The Paines of Freetown", NEHGS Register 15:xxxx.

Town of Freetown Records, Microfilm.

Charles W. Banks, The Scotch-Irish in America.

Charles XXXX, The Eastern Frontier (NY: AAK, 1970).

BCD 16:86.

BCD 6:173-4.

BCD 16:100.

BCD 28:489-70.

BCD 20:121.

BCD 19:198, 238.

BCD 19:198, 238; BCD 23:153.

BCD 28:469-70.

BCD 25:178.

BCD 23:153.

BCD 25:194.

BCD 30:436.

BCD 36:489-90.

Berkley Vital Records Mss, NEHGS.

Robert M. Gerrity, Joseph Pain’s Descendants, 3^rd Revised Edition (Yankee Ancestry, P.O. Box 2814, Acton MA, 1999). Copies of each new revision are presented to the Old Colony Historical Society, Taunton MA and to the NEHGS, Boston MA.