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Dan Payne was born in 1581, most probable just before March 28 , since he appeared before the Bury Hall Manor Court, Great Ell ingham on March 28, 1605 at the age of 24, as stipulated for hi s inheritance in the will of his uncle Thomas Clarke. Dan die d between October 20, 1612, when he made his will and Decembe r 15 when it was proved at Attleburg (NAC Wills 1612 fo. 262.) H e married Margaret______ who survived him and was executrix of h is will. She was alive on April 3, 1638 but died presumably bef ore March 6, 1657, when her second husband Francis Stacye, mad e his will without mentioning her. Dan Payne's maternal uncle, T homas Clarke of Great Ellingham, in his will dated May 18, 159 a nd proved June 18, 1590 (NAC Wills 350 Carter) left property t o him and make other bequests as follows: I give to Ales Blacks all by cosen germyn my howse in Ellingham afforesayde todether w ith all my lands thereunto belonginge, to have and to hoould unt illsutch tyme as one Dann payne one of the younger sones of Geor ge Payne my brother in Law bee of the full age of xxiiii yeres . And the sayde Ales to keep and mayntayne all the said howse s with sufficient reparacions during the said tyme, not commytin g upon any the said grounds eyther strip or waste. And at the f east of St. Mychell the archangel which shall happen next afte r the said Dann Payne shall have fully accomplished the age of x xiiii years, the said Ales to avoyde hir possession unto the sa id Dann Payne and to his heyres for ever. And yf ytt shall happ en the sayde Dann Payne to dye without issue before he be of th e age of xxiiii years I then give my howse andd lands aforesayd e to Caleb Payne brother to the sayde Dann at the lyke age and t ype of xxiiii years. And yr ytt should happen the sayd Kallopp P ayne to departe this world before he be of the full age of xxiii i yeres without issue of his body lawfullie begotten, then my wi ll is that it shall remayne unto the next heyres of the sayde Ka llopp so long as any of the children of Ales Payne my syster sha ll remayne alive. And for want of such heyre to reverte and rem ayne to Ales Blacksall my cousen abovesaid,, and to hir heres fo r ever. Provyde always that the said Ales Blacksall shall suffe r Richard Harvy my father in law ( stepfather) quyetlye to enjo y and occupye all my sayd howses and lande3s thereunto beloning. .excepting only the use and occupation of one chamber wherei n I my self use to lye to Ales Blasksall aforresayd, and her ing ress egress and gegress at free will and plesure thereunto. An d the sayde Richard to contynue and kepe all the said howses i n good and sufficient reparacions during the said tyme.
Item - My will is that Dann Payne of Kallop Payne, which of the m soever shallhappen tyghtlie and lawfullie to enjoy thesayd how se and lands thereunto beloning doe pay unto every other brothe r and syster of them at the end of one hole year next after thei r possession, from the eldest to the youngest yerlie the just so me of fourtie shillings until the whold sum of ten pounds of law ful money of England be fullie paid out of my sayde howse and la nd.. I willthat my cosen Ales Blackksall doe pay unto three daug hters of Richard Harvy my father in law viz, Thamer, Ann and Phi llipp iiili.. Ricchard Harvy to receive the saide legacyes an d to employe them to the best use and profit of the said childre n until they be of the yeres of discrecion.. I wyll that the sai d Ales Blacksall doe pay unto Elizabeth Tilet, servant in the ho wse, ten shillings, unto John Turner Apprentise with Richard Har vy aforesaid, one payer of weaving loomes with their appurtenanc es now stonding in the shoppe, one chest now standind in my ch amber unto Robert Wryght of Hingham, to Ann Thwayts one lattyn b ason remaining in my chamber, unto John Alexander forty shilling s now remaining in his hands, resydew of my goods and chattel s unbequethed I give unto Alice Blacksall to see by body brough t to the ground, whom I ordayne and make sole Executrix. And Joh n Alexander Superbysor, Wytnesses hereunto John Alexander, Rich ard Harvye, Jerome Thwayts the wryter hereof.
Thomas had receive the property September 23, 1585 as shown by t he following entry in the Bury Hall Manor Court Rolls 1556-162 1 (Norfolk Record Office, WLS V/16)
It is found that Katherine Harvye, late wife of Richard Harvye a nd before wife of Thomas Clarke, died after the last court seise d of one piece of land copyhol of this manor which she had at th e court held on Wednesday in All Saints 7 Edward VI (November 15 53) Thomas Clarke her son and heir seeks admission.
A faded entry in Court Book 1605-47 (ibid v/211) dated March 28 , 1605 records that "Dann Payne sone of George Payne deceased ag e 24 years appeared by virtue of last will and testament of Thom as Clark "On October 4 1606 "Dann Payne was sworn of the Inquisi tion" seeking admission to seven rods of land, he now being 24 y ears old. It was stated that:
At the court held October 13, 1592, Thomas Clarke had surrendere d seven rods of land in Attleborough which he had at court Septe mber 23, 1585 after the death of Katherine Harvy his mother, t o the use of his last will, bearing date May 18, 1590 viz to th e use of Alice Blaxall until Dann Payne son of George Payne cam e to the age of 24 years.
In his own will dated October 20, 1612 and proved December 15, 1 612 at Attleborough, Dann Payne of Ellingham "lynin weaver bei n sick in boydy" requested burial in the church yard of Great El lingham. He bequeathed "unto Margaret my wife my messuage wheri n I now dwell in with all and singler my fround therto belongin g or in any wis appertening lying in Alleburghe or Ellingham o r els whear for term of her natural life.. And after hir deceas e unto Stephen my sonne to hime and his heires, If Stepen die d without issue before inheriting, "Edward my sonn" was to hav e it. Dann directed that Margaret was to pay L4 per year to Ste phen when he "shall accomplish to the ful age of xxi tie yeres f or the term of her natural life and he left L30 to Edward, to b e pain in two installments of L3 by Margaret when her reached 2 1 and 22 years and the rest by Stephen after Margaret's death . If Margaret refused to pay the legacies at any time she was t o be put out of the property, and if Stephen after inheriting re fused to pay Edward, he was to be "excluded and shut out" Marga ret was directed not to fell any timber or make any stripe or w aste of the said ground except it to be build upon the ground o r to mend the houses as ofte as need shall require" Dann lef t to her all the household goods and chattels towards the bringi ng up of the children andd paying of debts, and named her sole e xecutor, with Thomas Skool as supervisor. Witnesses included Ro bert Entwessell, John Webster and John Littleprowe.
At the court of March 25, 1613 (ibid) it was recorded that
Dann Payne died before this court: and before he died he surrend ered seven rods of land enclosed in Attleburgh with other land s which he had at court held March 28, 1605 on the surrender o f Thomas Clarke, to the use of his last will dated October 20, 1 612 viz to the use of Margaret Payne his wife for term of life a nd afterwards to the use of Stephen Payne his son. Margaret i s Addmitted.
Sometime after this date Margaret Payne married, second, Frandi s Stayce. On April 3 1638 (ibid) Francis Stayce and Margare t his wife surrendered seven rods of land enclosed in Attleburgh , which Margaret had at court held March 25, 1613 for term of he r life by will of Dann Payne, deceased to use of Stephen Payn e son of Dann Payne and Margaret, who now comes to seek admissio n.
Stephen Payne came to the same court and surrendered the seven r ods of land to the use of Francis Stacye and his heirs forever . Margaret may have died before May 4 1647 when Francis Stace y surrendered the same seven rods of land to the use of John Bro wne.
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1581 - 1612 (31 years)
