.

!NOTES:
See THE MATTINGLY FAMILY IN EARLY AMERICA by Herman E. Mattingly (1975):
Pg 9: "Walter Pake (or Pakes, Peake, Peakes) had been in the Marylan dProvince
for some years. Records indicate that his first wife was named Franc is(sic!)
and that he had at least two daughters, one Mary, and one given as Margaret
Noble. Walter was a Catholic and was among those who took part in the
enactment of the "Act of Toleration" at the Maryland Assembly in 1649 .With
William Bretton, also a Catholic, and Richard Banks, a Protestant, h erepre-
sented the Newtown Hundred in the Assembly. Mr. Pake was an inkeepe r aswell
as a planter and attorney."
And at pg 10: "Walter Pake, however, came to a tragic end. He wa sinvolved
in a drunken brawl (citing Archives of Maryland, Vol. LVII, p. 354, s q.)and
killed his adversary. The jury found him guilty, but, because of hi sdrunk-
enness, was inclined to leniency. However, the judge called it murde rand
condemned him to death. The sentence was carried out November 7, 166 8.(It
is curious that the judge was so definite in his opposition to Mr. Pa ke.)
At the time of his death Mr. Pake was about 59 years of age.
"As noted above, Mr. Pake was active in taking care of the legal affairs
of the widow of Thomas Mattingly. On August 1, 1665, he entered th erights
of the immigrant Mattingy family to 300 acres of land (citing Land Records
Liber DD, folio 106). (See Document III) Each member of the family wa sen-
titled to fifty acres of land for having paid their own passage to the
Province. "More rights entered by the Said Walter Pakes as alloweth ,viz:
Thomas Mattingly, Elizabeth Mattingly, Judith Turner, Thomas Mattingl y,
Cezar Mattingly, and Elizabeth Mattingly. Walter Pake marrying Eliza beth
the Relict (widow) of Thomas Mattingly desires three hundred acres o fland
upon the above rights to be laid out for Thomas Mattingly and Judit yTurner
and Cezar Mattingley, children of the said Elizabeth." (The name of t he
second daughter, Elizabeth, was evidently omitted by mistake from th esecond
part of this quotation.)"
"Accordingly, a warrant (citing Land Records, Liber EF, folio 469 ;Patents
Liber 9, folio 475) was issued to survey the land and the certificat e ofsur-
vey was issued in May, 1666, for 300 acres of land in Charles Count y tobe
known as "Mattingly's Hope" (see Document IV). A patent (citing Lan dRecords
Liber FF, folio 52; Patents, Liber 10, folio 45) was made out to th e twoboys
of the family, Thomas and Cezar."

She is buried in the Crowell Cemetery, Crowell, TX

For some information regarding her parents see SQ pg. 960.

SQ p. 1017: She is referred to as Mrs. Polly (Paterson) Horner ofPerry County (Tennessee).

SQ pps. 3537-8:

"Polina Wynn Horner was born on March 30, 1854, in Perry County. Thereshe was married to Robert B. Patterson on February 1, 1872. He had beenborn on August 13, 1835, and was a son of Carson and Cassa (Carlton)Patterson. He served as a captain in the Confederate States Army duringthe Civil War. He died on June 20, 1893, and was buried in the SpringHill Cemetery located at the Spring Hill Baptist Church near Eaton,Tennessee. Polina survived him by forty years, dying on July 13, 1933,in Gibson County. She, too, was buried in the Spring Hill Cemetery. Sheand Robert had nine children: Mattie, Jesse, Bertie, Russell, Minnie,Gordie, Ruby, Mary, and Irene."

Information concerning Alethaire is taken from THOMAS JENKINS OFMARYLAND at page 105 and HISTORY OF UNION COUNTY KENTUCKY 1886, page239. See husband's notes for more detailed source.

In addition to Alethaire (Althea or Allie) being Teresa (Payne)Jenkins daughter-in-law, we must recognise that they are related to eachother by virture of two common ancestors. They are first cousins onceremoved by virtue of their common ancestor, Basil Payne (1102). Basil isTeresa's grandfather and is Alethair's great-grandfather. They are alsorelated through William Spalding (1128) as third cousins once removed.William is Teresa's maternal 2g grandfather and he is Alethair's maternal3g grandfather.

Presumably she was named after her great-grandmother Alethaire Abell(1144) Spalding and her great-aunt Alethaire Spalding, (1155) sister ofher grandfather, William (1156).

In an article on the life of Teresa Payne's son Dr. John T. SpaldingJenkins (64) in HISTORY OF UNION COUNTY, KY, op.cit. at pp 238-240, itstates "On the tenth day of May, 1864, he married Miss Alethea Ann Payne,daughter of John Payne of Union County (Kentucky)." Again on page 642 itstates "The physician next in succession to R. H. C. Rhea, Sr. was Dr. J.T. Jenkins, from Louisville, his wife being Allie Payne, daughter of JohnPayne and Jane Spalding." From these we conclude that Alethea Ann Payneis the daughter of this John Payne and Jane Catherine Spalding.

Fourth Great-grandfather of James Joseph Sparks

WILL:
The last will of Basil Payne dated January 29, 1811 mentions his wifeMargaret, and his children Thomas, Joseph, Basil, John, Richard andMargaret Edwards. Executor is Thomas Payne. Witnesses James H. Warthen,James Milton, Richard Milton and James Cook. Liber J.J. of Wills , St.Mary's County Maryland No. 3, folio 306; Located in "Index of Wills, St.Mary's County Maryland, FHL 975.241S2h. See also FHL reel 14426 (nearend of reel) at page 306. A photocopy of this will is in the possessionof James J. Sparks, San Carlos, CA. (Will copied below.)

CENSUS:
1790 United States Census, St. Mary's Co., MD:
Payne, Basil; Free white males 16 & over, 2: under 16, 5; free females 3;slaves, 1. (This census establishes a family in 1790 of 6 male childrenand 2 females. The will mentions 5 male children and one female: Thomas,Joseph, Basil, Jr., John, Richard, and Margaret Edwards.) The one malechild and one female not mentioned in the will probably died beforeBasil. Also mentioned in the same census were John B. Payne with onemale and three females and James Payne with 2 males, 3 females and oneslave. We know that John "Jackie" Payne was born about 1778 and marriedCatherine Smith in October 1798 so the John B. Payne in the census of1790 was not him.

1800 United States Census, St. Mary's Co., MD.
Pain, Basel (sic) 00201-01000
This indicates that there were 2 males 16-26, one male over 45, andone female 10 to 16 in the family. Richard was married in 1802, and,since he is not shown separately in the census of 1800, he was probablyone of the two males still enumerated with his father.

NOTE:
See THE MATTINGLY FAMILY IN EARLY AMERICA by Herman E. Mattingly (1975);
p. 226: Records of Mattinglys in the DIARY OF FATHER JAMES WALTON, S. J.,1775 -1784 at p. 227: Baptisms, 1776, November 24: John Mattingly , ofWilliam and Mary. Sponsors: Basil and Margaret Payn (sic)."

TRANSCRIPT OF WILL OF BASIL PAYNE:
Basil Payne's Last Will and Testament
" In the name of God amen.
"I Basil Payne of Saint Mary's County being aged and infirm but ofSound and disposing mind , memory and understanding do make and publishthis my Last Will and Testament in manner and form following, that is tosay, first I bequeath my Soul to Almighty God who gave it, and my body toEarth in sure and certain hope of a happy resurrection, and after my justdebts, which are few, are paid, I bequeath as follows:
--Item I give and bequeath to my dear wife Margaret Payne our bedand furniture to dispose of as she shall think proper and the use,possession and profit of all my Estate both real and personal, during hernatural life, and after her decease I will and devise as follows:
-- Item I give and bequeath all my land to my son Thomas Payne andhis heirs forever.
-- Item I give and bequeath to my son Joseph Payne one negro Boynamed Lewis to him and his heirs.
-- Item I give and bequeath to my son Basil Payne one negro girlname D (--?--) to him and his heirs
-- Item I give and bequeath to my son John Payne one negro Boy namedRichard to him and his heirs
-- Item I give and bequeath to my son Richard Payne one negro Boynamed Phill to him and his heirs
-- Item I give I give (sic) and bequeath to my daughter MargaretEdward, one negro woman named Moll and her future increase and one negroboy named Joe, also one Desk, one oval table, one good bed and furniture,one Cow and Calf and two ewes and lambs to her and her heirs forever
-- Item All the rest and residue of my Estate of what nature andkind forever I give and bequeath to my son Thomas Payne and his heirsforever
-- Item It is my will and desire that it is hereby understood thatnone of the above bequests to my several children shall take effect untilafter the decease of my dear wife Margaret Payne, at which time or asspeedily thereafter as convenient, it is my will and desire that theseveral legacies before mentioned shall be paid by my son Thomas Paynewho is not to be paid for or rewarded for his trouble in taking care andpaying off such legacies when properly called for-- and lastly I dohereby constitute and appoint this my last Will hereby revoking andannulling all former wills by me heretofore made, ratifying andconfirming this and none other to be my Last Will and Testament. Intestimony whereof I have hereunto set my hand and Seal this 29th day ofJanuary Eighteen Hundred and eleven.

Signed Sealed published and declared by Basil Payne the within namedTestator as and for his Last Will and Testament in the presence of us thesubscribers who in his presence and at his request and in the presence ofeach other have set our names hereto as witnesses.
James Cooke -- James H. Warthen his |~~~~~~~|
James Milton -- Richard Milton Basil X Payne|Seal|
mark |____|

Saint Mary's County, to Wit, the 14th day of July 1812. There cameJames Cooke one of the four subscribing witnesses to the aforegoing lastWill and Testament of Basil Payne late of Saint Marys County, deceasedand made an oath on the Holy Evangels of Almighty God, that he did seethe Testator therein named sign and seal this will, and that he heard himpublish, pronounce and declare the same to be his last Will and Testament; that at the time of his so doing he was to the best of hisapprehensions of sound and disposing mind memory and understanding andthat he subscribed his name to the will as a witness to the same in thepresence of and at the request of the said Testator also that he didJames H. Warthen, James Milton and Richard Milton, the other witnesses tothis will Subscribe their names as witnesses to the same in the presenceand at the request of the said Testator in the presence of each other.
Certify - James ForrestRyWillys
for St. Marys County
Saint Marys County, to wit, the 7th day of August 1812. There cameJames H. Warthen and James Milton two of the four subscribing witnessesto the aforegoing last Will of Basil Payne late of Saint Marys Countydeceased and severally made oath on the Holy Evangels of Almighty Godthat they did see the Testator therein named sign and Seal this will andthat they heard him publish pronounce and declare the same to be his lastwill; that at the time of his so doing, he was to the best of theirapprehension of sound and disposing mind memory and understanding andthat they respectively subscribed their names to as witnesses to thisWill in the presence and at the request of the said Testator and in thepresence of each other, also that they did see James Cooke and RichardMilton subscribe their names as witnesses to the said will in thepresence and at the request of the Testator.
Certified by - JamesForrest RyWillys
for SaintMarys County

**********

According to THOMAS JENKINS OF MARYLAND, 1670, by Edward Felix Jenkins,
O.S.A., at pp 39 & 62, Jane Spalding (1220) was a first cousin of ThomasSpalding, Jr. (1208) who was the father of Catherine Spalding (1358 ) andthe grandfather of Teresa Payne (1074). Jane married a Mr. Lowe and hada daughter, name unknown, who married the above witness to Basil Payne'sWill, James H. Wathen. Their children are named on page 62. CatherineSpalding Payne and the wife of James Hanson Wathen weregreat-grandchildren of William Spalding (1128) and Ann Jenkins Spalding(100).

MISCELLANEOUS:
In the search for Basil's family, we find in Saint Mary's County WillBook TA 1, pg 217, reference to the last will of Thomas Payne dated 1747.He could be of the proper age to be Basil's grandfather. "Spouse:Elizabeth; Children: Joseph, Thomas, John, Diana, Elizabeth, Isaac, Mary."

On pg 862, MARYLAND WILL BOOK 31, Part I, it states "John Payn of St.Michael's Hundred in St. Mary's County. To my mother Elizabeth Harrison(I leave) my estate. I appoint William Harrison and my mother,Executors. 1/20/1763. Witnesses: John Langley, George Smoot and ThomasCrawley . Will probated 2/8/1763. Is this latter John "Payn" the sameJohn who was a son of Thomas who died in 1747? It is possible thatElizabeth Payne married William Harrison after the death of Thomas. Johndied apparently without leaving children. That leaves Joseph or Thomasas possible fathers of Basil who would probably have been born in the1730s or 40s. Notice that Basil's oldest son and primary beneficiary wasnamed Thomas, possibly after Basil's "father" Thomas.

A Joseph Payne married a Mary Gibbs on 1 June, 1730 in Ann ArundelCounty, St. Ann's Parish, Vol. 1 of records. This is the rankest ofspeculation i.e. Thomas b.ca. 1670 m Elizabeth ca.1700; (Joseph b.ca.1700; m. Mary Gibbs 1731); Thomas Jr., b.ca. 1700, married ???; Basilb.ca . 1735, d.1811 age 76. Since Joseph married a Mary Gibbs, Thomas isthe most likely candidate as Basil's father. Worth investigating . Checkrecords of Ann Arundel County (see above for Joseph's marriage) orCharles County (see below for Basil witnessing a will in 1768).

In MARYLAND EARLY SETTLERS, Lib. 15, Part 1, Sec. 144, pg 409: RICHARDPAYNE (PANE) rights proved. (Is this rights to acreage on hisimmigration?) Who is this Richard and when did this occur?

ANALYSIS:
Basil Payne witnessed the Last Will of Alexander Smith Hawkins dated 7Sep 1768. Alexander died in Charles County, MD. Probate commenced 16 Jan1769. (Folio 36, Page 689). This is the earliest record of Basil Paynewho could have been about 35 years old. The first mention of the BasilPayne family in St. Mary's County is found (see above) Herman Mattingly'sbook where Basil and Margaret sponsored John Mattingly, son of Williamand Mary Mattingly, on November 24, 1776. See below for a recordinvolving Basil Payne in Charles County in 1772.
There are several Payne subscribers to the Oath's of Allegience of St.Mary's County in 1778 but no Basil and no Joseph. There is a Richard anda John but no proof that they are Basil's sons. The next mention ofBasil Payne is found in Father O'Rourke's book listing the Militia of St.Mary's County in 1794 which includes Basil Joseph, his son, and a Jamesand John, as members. The next mention of a Payne in St. Mary's Countyis the marriage of Richard to Catherine in 1802, and the last is Basil'sprobate in 1811. It is notable that no births of the children of Basiland Catherine can be found in the church records preserved in FatherO'Rourke's book . Nor are there records of marriages which mention Basilor Margaret.

It is apparent that the family must have come to St. Mary's countyfrom another location before 1776. Charles County is possible. SeeMARYLAND GENEALOGICAL SOCIETY BULLETIN, Volume 25, No. 2, Spring 1984,Charles County Maryland Probate Records, Inventories, Part II, 1753-1779,item 516: "William Payn - 22 Jan 1772 - no kindred in Maryland - BasilPayne Admr."

Also found relating to Charles County is an entry from the MARYLANDGENEALOGICAL SOCIETY BULLETIN, Volume 25, No. 1, Winter, 1985 whichcontains records of the Charles County Deeds 1743-1744, Liber 2 at page61 we find the following entry:
"Ignatius Mitchell of Charles County, 27 Feb 1743. 19 Jan 1743, JohnPayn of Charles County, planter & wife Eleanor Payn to Ignatius Mitchellof Charles County, Joynor. For labor of 2 slaves during lives, a tableto be delivered at next Christmas, "Rally" 200 acres, part of "PaynsAddition" 140 acres & part "Payns Second Addition" 216 acres. Witness:Robert Hanson & Wm. Eilbeck. Memorandum to wit residue unsold to WmMacPherson."

Thomas Payne died 18 Jan 1747 in St. Mary's Co. Will Book 25, p277 .Wife Elizabeth, children Mary, Isaac, Joseph, John, Diana and Elizabeth.( See above).
Will of Catherine Peek or Peeke, Book 38, ca p.100? St. Mary's Countydated Nov 17 1770, refers to son John Baptist Payne, granddaughterElizabeth Payne, John Baptist is also executor. Her husband is not named.

See THE MATTINGLY FAMILY IN EARLY AMERICA by Herman E. Mattingly (1975); marriage records,
p. 208, "Date: April 21, 1797; Names: Mattingly, Sarah - Basil Pain ;County:
Washington; State: Ky. Source L (Washington County, KY., 1792, fromNelson;
Springfield Courthouse)."

FHL985186 Genealogical Cards: These cards are not authority but a cardon Basil Payne Jr. reveals that he was married (1st) to (Sarah?)Elizabeth Mattingly and (2nd) Polly Mattingly (niece of ElizabethMattingly) . Elizabeth was born in 1774 in St. Mary's Co., MD. and diedin Marion Co., KY. They had several children of which two are namedCharles Henry Payne aka Harry, and William Payne. Polly Mattingly wasthe daughter of John Mattingly and Mary (Polly) Fenwick. They apparentlyhad no issue.
See Chronicles of St. Mary's, SM Historical Society, Vol 2 No. 10 for:
"An enrollment of the Militia in Saint Mary's County, agreeably to anAct of Assembly as returned by F. Hamersley to the Commissioners of theTax 1794."
Basil Payne
James Payne
James Payne
John Payne
John Payne
Joseph Payne, of Basil
Joseph Payne, of Vincent
For information on several of his descendants see the Family Tree Maker,disk 6, file 4598. Some of this information has been included herewithout verification and should be used as reference data only.

NOTES:
MARRIAGE record from Nelson County, Kentucky Marriages FHL 976.949 5V25b,
page 58. Witness was Richard Payne, father of Catherine.

Charles was married to --- Russell.

MARRIAGE:
See NELSON COUNTY KENTUCKY MARRIAGE BONDS, FHL 976.9495 V25s, page 152:
JENKINS, Sylvester married Elizabeth Payne, daughter of RichardPayne . Surety
James Spalding. Consent filed with bond. June __, 1831, (consent datedJune 21, 1831).

.
!NOTES:
See Kentucky: A History of the State; Perrin, Battle & Kniffin, 2n ded., 1885, Union County.
THOMAS JEFFERSON SHOEMAKER, M.D. Union County, was born in Spence rCounty, Ky., June 5 1837, a son of John and Ruth (Offutt) Shoemaker , andis of German-English extraction. His father was born in Pittsbu rg,Penn., in 1787, and his mother, Ruth C. Offutt, in the State of M arylandin 1801. The ancestors of Dr. Shoemaker came to America fro m Germany.His father's death took place in spencer County, Ky., i n 1852. theboyhood of our subject was spent in attending the commo n schools and St.Mary's College, in Marion County, after which he ta ught school for someyears, and was one of the most successful teache rs of his day. In 1862he began the study of medicine in the offic e of Drs. R. D. Spaulding andWilliam A. Jones. He attended the Medi cal Department of the Universityof Louisville, 1863-64, and in 186 5 he received a diploma from theKentucky School of Medicine, and on e (a diploma) from the University ofLouisville, Ky., in 1868. In 18 65 he began the practice of hisprofession at Morganfield, and here h as since continued. He was marriedJune 4, 1866, to Miss Frances E . Payne, of Waverly, Ky., daughter ofJohn and Jane Payne. Of eleve n children born to this union, only sixare living. Dr. Shoemaker i s a Democrat and a member of the CatholicChurch; through his untirin g energy he has made life a success.

BAPTISM:
Sponsor was Martha, wife of William Payne. Baptised July 10, 1893,Sacred Heart, Union County, KY.