Henry Payton

Events

Date of Baptism: 12 February 1608/09.

Place of Baptism: Dudley, Worcestershire, England (St Edmund’s).

The baptism is recorded in the parish registers.

Date of Burial: 9 September 1672.

Place of Burial: Dudley, Worcestershire (St Thomas's).

The burial is recorded in the parish registers.

Relationships

Father: John Payton.

Henry’s baptism record names his father.

Mother: Margaret.

The will of John Payton mentions his wife Margaret, and that she was the mother of his second son, John. (Henry was his third son.)

Spouse: Ann Willets (born 1611). Married 3 May 1636 in Dudley (St Edmund’s).

The marriage is recorded in the parish registers. Henry mentions his wife, Ann, and his brother-in-law, Richard Willets, in his will. Ann's father Richard Willets mentions his son-in-law Henry Payton in his will.

Children:

(Complete source citations for facts about the children on this page are currently outside of the scope of this project.)

John Payton (baptized 1 April 1638 - buried 20 October 1711) married Katherine Parks 7 June 1663 in Dudley. Noake’s Worcestershire records John’s persecution for his Quaker beliefs in the 1660s.

Mary Payton (baptized 25 July 1641) married Jonathan Russon 22 October 1663 in Dudley.

Sarah Payton (baptized 20 August 1643 - buried 9 August 1699) married Richard Bach 18 June 1665 in Tipton, Staffordshire.

Ann Payton (born 20 May 1645).

Joseph Payton (baptized March 1647 - buried 10 November 1654).

Samuel Payton (baptized 25 February 1649 - buried 8 December 1655).

Elizabeth Payton (baptized 29 June 1651 - buried 17 July 1653).

Elizabeth Payton (baptized 9 June 1654).

Evidence

From the Dudley Archives:

A Final Concord

Ref No: DE/2/117

Date: 1635

Description: [Michaelmas] i) Thomas Dudley alias Sutton and Henry Payton, Plaintiffs ii) William Byrch, Defociant Lands in Dudley. Fine: 60 Endorsed: 'Box 3 Bun 3'

Level: Item

A Pre-nuptial marriage settlement

Ref No: DE/1/3/87

Date: 10 Sep 1653

Description: i) John Nucum [Newcombe] the elder of Dudley, Worcs., Miller; and John Nucum [Newcombe] the younger of Dudley, his son and heir apparent ii) Henry Payton of Dudley, Yeoman; and Richard Bolton of the Priory of Dudley, Husbandman A burgage tenement in Dudley [as DE/1/3/85], half to the uses of John Nucum the elder for life, then to John Nucum the younger for life, then to the use of Cicely Smith (as jointure) for life, then to the use of the heirs of John the younger and Ciclely; other half to the use of John the younger for life, then as above. Consideration: marriage between John Nucum the younger and Cicely, daughter of Mary Smith, widow and 50 Signed and witnessed [seals missing]. Endorsed: '13/22'

A Bargain and Sale

Ref No: DSCAM/2/1/9/1-13

Date: 1659-1739

Description: DSCAM/2/1/9/1: Bargain and sale (20 Oct. 1659), with livery of seisin endorsed, by Thomas Shawe the younger of Dudley, yeoman and Ann his wife, and Larrance Payton of Dudley forren, Worcs., yeoman and Margritt his wife, to Henry Payton of Dudley, yeoman, of 4 parcels of land (in the Great Meadow, Littell Meadow, Barlieclose and Shimells Leasowe) and half a water pit, part of the tenement called Annesley, to secure the payment by Larrance of 67 1/- to Henry within 8 years and 3 months (which Henry has paid as the consideration for this deed to Thomas), with covenants for reconveyance etc.; warranty against a rentcharge of 40/- p.a. to Edward Lewis, purchased by Lawrence.

from Amphlett (page 37) (1653):

Between Henry Payton plaintiff and Thomas Sharman and Payton &c. defendants in Dudley.

from the St Thomas parish register:

In Sept 1672

Old Henry Payton buried the 9 daij

A transcription of the will of Henry Payton:

In the name of God Amen I Henry Payton of Dudley in the County of Worcester yeom being of perfect memory (blessed be God) & considering my mortality do [make] this my last will & testament in forme following: that is to say, first I give up [my?] selfe soule & body to my gracious God, hopeing for salvation onlasting through J[esus] Christ my Redeemer, desireing my body may be decently buried, & expecting a joyful resurrection at last day: next I devise my wordly Estate as herein expressed, that is to say, I give to my loveing wife Ann Payton & her assigns all my messuage or tenemt wherein I now dwel, with the barnes buildings garden backside & crofts of lands thereto belonging. And all my two acres of land lying in Pottersfeild in Dudley aforesd, And also all the three acres of lease lands in the said fields, with thapu[rtenan]ces, To hold to the said Ann & her assigns during her life, if she so long abide in widowhood & unmarried againe: But if it hap that the said Ann shall take any man to husband after my death, Then my will is & I do devise it that from and imediatly after such her intermarriage with any man all the Estate of the said Ann & her assigns in the said messuage lands & premises afore bequeathed, shall cease & end, and that the said messuage lands & premises afore devised to her shall come & descend to my Son John Payton & his heirs for ever: provided nevertheless I do so devise the same, that in such case, My Son John & his heirs shall truly pay to the said Ann & her assigns during her life the yearly sum, Rent, or Anuity of five pounds of English money clear above Taxes & Repaires on the last day of March and last day of September by equal porcions; To be yearly issueing of the said messuage lands & premises, And to bee instead of parte of her Dower of or in al my lands & Tenants: And if it hap that the said yearly Rent or Anuity of five pounds or any pt thereof, shalbe unpaid fourteen daies next insueing any of the daies when the same ought to be paid; & shalbe lawfully demanded at the said messuage, Then I do devise & grant to the said Ann & her assigns liberty power & authority to enter into the said messuage lands & premises fore devised to her, or into any pte of the same & to distraine as oft as need shalbe, & the distress and distresses there had to take away & detaine till the said Anuity or yearly rent then afore due & all arrears thereof, & resonable charges of distraineing for it, shalbe satisfied & paid to the said Ann & her assigns. Item I give to the said Ann & her assigns all my two or three closes of land called Thornes lesow [& all my acre of land lying in Canndyfeild crossed out] in Dudley aforesaid, And all those my two closes of land being part of my land called Fishers, in the Manour of Dudley aforesaid, whereof one close is joineing to the Portway there, & the other close is joineing to the land of my cosin John Payton the elder (which said two closes have a waterpit in them), with thapp[urtene]nces; To have & to hold to the said Ann & her assigns dureing her life, absolutly; unless it shall hap that the said Ann or som one in her right shall sue(?) any writ of Dowe[r] of my lands; my intent being that the same land bequeathed lastly to her, shalbe in full recompense of her Dower of & in all my lands; And that if she shall [...] to recover by law any dower aforesaid, then her Estate in the said last bequeathed lands under the last Item mencioned shall cease & end. Item I give & devise to my daughter Elizabeth Payton & her heires & assigns all the other three closes of my land called Fishers lying in the said Manour, with thap[purtena]nces; And also the other two forementioned closes of my land called Fishers, And the revercion & revercions of the same lands called Fishers & every part thereof, (saveing to my said wife the Estate therein to my said wife foregiven,) To have & to hold to the said Elizabeth Payton & her heires & assigns for ever; yet nevertheless provided I do so devise it that if it shal hap that my son John Payton or his heires shall truly pay to my said daughter Elizabeth or to her executors administrators or assigns the sum of one hundred & threescore pounds of English money at one intire payment at such time as the said Elizabeth shall attaine to her age of five & twenty years, if the said Elizabeth had so long lived, that there & thenceforth all the estate of the said Elizabeth and her heires and assigns of & in all the said lands called Fishers shall cease, becom void, & end; And in such case from & after the payment of the said one hundred & threescore pounds in forme aforesaid, I do give & devise all my land called Fishers aforesaid unto my said Son John & his heires forever, saveing to my said wife her Estate therein afore devised: And my will is that my wife shall have the education of my daughter Elizabeth; & the rents and profits of the said lands belonging to the said Elizabeth for her maintenance til the said Elizabeth comes to her age of twenty five yeares, or shalbe placed in mariage afore that age, being married with consent of my said Wife & my said cosin John Payton & my Brother in law Richard Willets, or som of them. Item I give & devise to my said son John & his heires all that my land which I have in mortage, being a part of the lands called Ainesley, in Dudley, or by whatever Title I claime the sam, and all money that shall hap to be paid by the heires of Laurence Payton for redemption of Ainesley land: And also I give to my son John my lease of a parte of Ainesley land called Shimelsclose: And I give to my son John all my lease of Yokspark land in Dudley. And I give to my son John & his heires for ever all that my acre of land lying in Cannryfeild in Dudley. Item I give & bequeath to Katherine daughter of Richard Parks of Tipton in the county of Stafford all that messuage or tenement wherein John Chambers dwels, situate in the manour of Dudley, & the buildings & close of land thereto belonging called Birches Close, To hold to the said Katherine & her assigns dureing her life in case she survive my son John, provided my will is & I devise that my said son John shall have the same dureing his life: Also I give to the said Katherine dureing her life all my two or three closes called Thornslesow, if the said Katherine shall survive the said John my son, & the said Ann my wife, my will being that my said wife shall have the said Thornslesow dureing my said wifes life as first afore is to her devised. Item my will is & I devise that if the said Katherine die afore my son John leaveing Issue of her body then liveing, in such case my said son John & his heires shall convey & selle by good assurance in law all that messuage or tenement now in possession of the said John Chambers with the building & close of land called Birches & the two or three closes of land called Thornslessowes aforesaid, unto & upon the said Issue of the body of the said Katherine, be the same one child or more children, or on som of them then liveing in reasonable maner, To hold to the same child or children (after the death of my said son John,) & to the Issue of the body of such Child or children begot & to bee begot, And in default of such Issue, then to remaine to my son John & his right heires forever, provided my will is that my son John shall reserve the said lastmencioned lands for his his (sic) life in such conveyance & setlemt of them to be by him made as aforesaid Item I give to my said son John my waines Tumbrels plowes yokes geares harowes shaires & husbandry tooles, & my Benches & wainscot in all my house roomes, & long table forme & bedstid in my parlor, he the said John paying to Jane daughter of Jonathan Ruston my son in law, Twenty shillings of English money when the said Jane shall com to her age of one & twenty yeares. Item I devise that my executrix shall pay to each of my Grandchildren except the said Jane Ruston, the sum of Twenty shillings a peece, as they shall accomplish respectively of age of one & Twenty yeares. Item I devise to my cosin Timothy Payton all my terme in Crooksland, he & his executors & administrators paying to my cosin John Paytons children Twenty shillings, to be equally divided betwixt them, to be paid into the hands of their father within one yeare after my death, for their use, whose Acquitance shalbe a discharge to the said Timothy for the said Twenty shillings so paid; And paying also to my cosin Thomas Payton brother of the said Timothy, ten shillings at sam time Item I declare that I have already paid to my son in law Richard Bach several sums of money amounting in the whole to the sum of forty nine pounds of English money towards satisfying him the said Richard Bach for that fourscore pounds for which the aforesaid part of Ainesley land was to him the said Richard by me conveyed formerly in writing, in confidence that the said Richard should reconvey to me or whom I should appoint the said Ainesley land, upon receit of the said fourscore pounds, And now I declare that if I do not live to pay to the said Richard Bach the residue of the said fourscore pounds then I assign & appoint my executrix to pay that residue, being one & thirty pounds in full of the said fourscore pounds: upon receipt whereof that is of the said residue my will is that the said Richard Bach shall reconvey the said Ainesleyland & all his Right, Title, estate & demand of him & his heires executors administrators & assigns in, of, or to the same land unto my said son John & his heires; to which my son John I give al my Terme & lease in the close of land which I hold of the lease of John Taylor Clerk [...] his wife: Item I give all my goods money & catels & chattels (not before otherwise devised) I give the same to my said loveing wife Ann Payton, which said Ann I make the sole executrix of this my last will & Testament, revoking all former & other wills by me made, & [...ing] my said executrix to pay my debts & funerals honestly. In witness whereof I have hereto put my hand & seale this Twenty fourth day of November in the Twenty third yeare of the reigne of our Sov[ereign] king Charles the Second over England Ano Dom 1671

Sealed & delivered & som Razures & interlinenigs made afore sealeing, in the presence of us John Taylor, Clement Jenings, Elizabeth Shaw wife of Oliv[er] Shaw her mark

Henry Payton his mark [a large H] *

Item I give five pounds of English money to be imployed for the use of the poore people of Dudley, so that the yearly increase thereof may be distributed to som of them yearly on the foure & twentieth day of December, the stock being still kept whole undiminished, which said five pounds I have now put into the hands of my said son John, to improve & imploy accordingly, this benig aded as part of my will afore writ, & by me added afore my sealing above said: And in all other things I confirm my foregoing will abovewriten: witness the marke of me H Henry Payton

I Henry Payton the Testator of the last will to which this codicil is annexed have thought fit to declare my will somwhat farther in som particulars, that is to say I give to my daughter Mary Ruston Twenty shillings, And to my daughter Sara Bach five pounds English money instead of any promise by me made at any time to the said Sara & her husband or to either of them; which money I appoint my Executrix to pay to them respectively within one year after my death. And whereas I have afore bequeathed or devised that one hundred & threescore pounds of English money shalbe paid to my daughter Elizabeth, or her executors administrators or assigns by my son John Payton or his heires when the said Elizabeth shall attaine to or might attaine or com to the age of twenty five yeares, instead of all the land called Fishers afore devised to the said Elizabeth & her heires & assigns for ever (as by the writing of my said will may now fully appere; But no plan is thereby appointed for payment of the said money to the said Elizabeth, I do therefore hereby devise & appoint that the place of payment of the said one hundred & threescore pounds shalbe the now dwelling house of John Taylor of Dudley aforesaid Clerk, And that the said John my son & his heires shall give notice of the said place of payment, & of the time of payment of the said money to the said Elizabeth or her executors administrators & assigns the space of twenty daies next after such payment shalbe made; And that if the p[re]cise or exact age of the said Elizabeth hap to be then mistaken, [my will?] is the said one hundred & threescore pounds of English money shalbe paid according to the true intent of me in the said will declared, or within Thirty daies next after the same shalbe so payable by my said will, that then no disadvantage shalbe to the said John my son or his heires by any such mistake of the p[re]cise day of payment, but the payment of the same money so made within the Thirty daies aforesaid shalbe as effectuall to cleare that land called Fishers, as if the same had been made & don on the exact precise day aforesaid. And in all other things I confirme my said last will & the executrix therein named: witness my hand & mark to this codicil hereput the xxxth day of November ano dom one thousand six hundred seventy one [...] by me Henry Payton, this being my H mark

Witness hereof John Tayor

I Henry Payton the Testator aforesaid do declare my will somewhat farther, that is to say, that whereas I have afore bequeathed to my wife all my Goods catels & chattels not otherwise afore bequeathed: now my will is & I devise that my said wife shall have the useage of the said Goods catels & chattels dureing her life, And at her death I give the same to my three daughters Mary Russon Sara Bach & Elizabeth Payton, to be equally divided between them: And I confirme my will & codicils in al other things as the true meaning is: witness my hand hereto put the xviii day of December ano dom 1671 by me Henry Payton (H) this being my marke

Witness hereof is John Taylor:

[probate 5 October 1672]

An Inventory of all and singular the goods Rights and Credits of Henry Payton late of Dudley in the County of Worcester yeoman deceased, Taken & apprized September the thirteenth day Anno Dom 1672 by John Payton of Tensly Hill Rich Willitts Rich: Bach Jonathan Ruston John Payton of Dudley etc: as followeth viz

Impris in the Hall house One table two Joyne Stooles, One Skreene, One little table, two Chaires, One little Cupboard & three Shelves --------- 00:16:00

Itm Thirteen pewter dishes, One flagon, One pewter Can, two pewter Cupps One pewter Candlestick two porringers & other odd pewter and like things ------ 01:07:00

Itm Brasse One pan, One pott, One Kettle, One Cuttler Kettle & Skeelett & Skimer one warming pan and other odd brasse ------01:04:00

Itm Bookes Bacon dripping pan, fire shovel firegrate Pailes and odd Implements ---- 01:00:00

Itm One Spitt & Cobbirons ----- 00:04:00

Itm in the Parlor his purse and wearing aparle ------------- 05:00:00

Itm One great table, One little table and formes ---00:18:00

Itm a wainescoat Presse a pewter dish, two Cushions & Bedstead vallenes --- 01:00:00

Itm a Bed Coverlett & featherbedd and all things belonging to it and a Trucklebedd -06:00:00

Itm One Chest, One Coffer two Boxes, One Chaire & odd things ----- 01:00:00

Itm: a Carpett -----00:08:00

Itm three payre of Flaxen sheetes --- 01:10:00

Itm two payre of hempen sheetes --- 00:16:00

Itm Seaven Payre of Hurden Sheetes----- 01:08:00

Itm Some Flaxen napkins & towells --- 01:00:00

Itm Table Clothes & pillow bures---00:10:00

Itm in the Kitchen One Iron pott, a little Brasse pott & three Kettles --- 01:03:06

Itm the Tubbs Barrels & all the wooden ware ---- 01:03:01

Itm in the little Roome next the Kitchen One Cheese presse & some odd things ---- 00:12:00

Itm in the little Roomes next the Hall One kneading trough Baggs Shelves & other odd things ---- 00:18:00

Itm in the Chamber over the Hall house One Bedstead & Clothes --- 00:13:04

Itm Corne in that Chamber worth 02:00:00

Itm in the Chamber over the Parlor One Bedstead & bedding belonging to it - 03:00:00

Itm One Chest -----------00:10:00

Itm a Table a forme & shelves ---00:13:00

Itm Wooll Yarne & Towe ----01:00:00

Itm Butter & Cheese ----- 02:10:00

Itm in the Chamber over the Kitchen One little Table two Chayres One Bedstead and Bed furniture ------------ 04:00:00

Itm Corne & Hay in the Barne worth 24:10:00

Itm the waine Tumbrell & wheeles under them and all the other husbandry tooles of all sortes ----- 06:15:00

Itm the Cattle thus: That is to say Two Oxen worth ----- 08:00:00

Itm four Cowes worth ----- 08:10:00

Itm four horses worth ---- 7:00:00

Itm the stock of sheep worth ----- 10:00:00

Itm the Store Swine ---- 02:00:00

Itm in Debts due for Cole & Stone Carriage ---- 09:08:09

Itm Pottersfield Land Lease ---- 21:00:00

Itm Dymeadow Lease --- 00:08:00

Itm Yorks Parke Lease ---00:10:00

Itm Croksland Lease --- 00:01:00

Itm Desperate debts --- 00:05:00

Itm Odd things --- 00:02:00

Itm a Bad debt in weedon due from [blank] Payton & Some other things forgotten ----- 02:00:00

Sum[m]a totalis huius Inven[to]ry ------ 142:07:07

References

Amphlett, John (ed.) An Index to Worcestershire Fines, 1649 - 1714 (Oxford: the Worcestershire Historical Society, 1896).

Dudley, Worcestershire, St Edmund’s, parish registers, FHL film 992181, Family History Library, Salt Lake City, Utah.

Parish registers of St Thomas, Dudley. Digital images on FamilySearch.org accessed 1 August 2018.

Will of Henry Payton of Dudley. Proved 1672 in the Worcester Consistory Court. Digital images on FamilySearch.org acessed 9 August 2018.

Will of Richard Willets of Rowley Regis. Proved 1661 in the Worcester Consistory Court. Digital images on FamilySearch.org accessed 31 July 2018.