JUDGE TIMOTHY PAINE.
Stephen Paine, from whom so many of the family in America are descended, came from Great Ellingham, near Hingham, Norfolk County, England. He was a miller, and came with a large party of immigrants from Hingham and vicinity, in the ship Diligent, of Ipswich, John Martin master, in the year 1638, bringing with him his wife Rose, two sons and four servants.
Mr. Paine first settled at Hingham, Mass., where he had land granted to him, was made a freeman in 1639 and elected Deputy in 1641. In 1642 he, with four others, settled at Seekonk, and became prominent in the affairs of the new settlement at Rehoboth.
Mr. Paine survived the eventful period of King Philip's war and died in 1679, outliving his two sons, Stephen having died at Rehoboth in 1677, and Nathaniel in 1678.
Nathaniel Paine, son of the aforesaid Nathaniel, of the third generation, was born at Rehoboth 1661, married Dorothy, daughter of Jonathan Rainsford, of Boston. He removed in early life to Bristol, Mass., now R. I., and was one of the original proprietors of that place. In 1710 he was appointed Judge of the Court of Common Pleas, and Judge of Probate. He was one of the Council of Mass. Bay from 1703 till his death in 1723, with the exception of the year 1708. Nathaniel Paine died at Bristol, R. I., in 1723, and his wife Dorothy Rainsford, in 1755.
Nathaniel Paine, of the fourth generation and fourth son of the preceding Nathaniel, was born at Bristol 1688. He was an active and influential citizen of Bristol, was for five years elected Representative. In 1723 he was a member of a Court of Admiralty for the trial of pirates. In 1724 was a Judge of the Court of Common Pleas.
Mr. Paine married Sarah, daughter of Timothy Clark of Boston. After his death in 1729, his widow married John Chandler and removed to Worcester.
Timothy Paine, son of the aforesaid Nathaniel and Sarah Clark, his wife. He was born in Boston in 1730 and married Sarah Chandler in 1749, the daughter of John Chandler, so these young people had probably been brought up under the same roof from early childhood. He graduated at Harvard College in 1748, and was a stout government man in the controversies which preceded the Revolution.
Soon after leaving college, Mr. Paine was engaged in public affairs, and the number and variety of offices which he held exhibit the estimation in which he stood. He was at different times Clerk of the Courts, Register of Deeds, Register of Probate, member of the executive council of the Province, in 1774 he was appointed one of his Majesty's Mandamus Councillors, Selectman and Town Clerk, and Representative many years in the General Court. In 1771 he was also Special Justice of the Supreme Court. Solid talents, practical sense, candor, sincerity, ability, and mildness, were the characteristics of his life.
When the appeal to arms approached, many of the inhabitants of Worcester, most distinguished for talents, influence, and honors, adhered with constancy to the Government. Educated with veneration for the sovereign to whom they had sworn fealty; indebted to the government for the bounty, honor and wealth which they possessed—loyalty and gratitude alike influenced them to resent acts that were treasonable, and rebellious. The sincerity of their motives were attested by the sacrifice of life, property, loss of power, and all the miseries of banishment, confiscation and exile.
The struggle between the revolutionist, and the loyalty of a minority of the people, powerful in numbers, as well as talents, wealth, and influence, arrived at its crisis in Worcester early in 1774, and terminated in the total defeat of the loyalists.
Among the many grievances of the revolutionists, was the vesting of the government in the dependents of the King, it aggravated the irritation, and urged the mobs to acts of violence.
Timothy Paine, Esq., had received a commission as one of the Mandamus Councillors. High as was the personal regard, and respect for the purity of private character of this gentleman, it was controlled by the political feelings of a period of excitement; and measures were taken to compel his resignation of a post which was unwelcome to himself, but which he dared not refuse, when declining would have been construed as contempt for the authority of the King, by whom it was conferred.
August 22, 1774, a mob of nearly 3000 persons collected from the surrounding towns, visited Worcester and entered the town before 7 o'clock in the morning. They chose a committee to wait upon Mr. Paine and demand his resignation as Councillor. They went to his house, and he agreed to resign from that office, and drew up an acknowledgement, mentioning his obligations to the country for favors done him, his sorrow for having taken the oath, and a promise that he never would act in that office contrary to the charter, and after that he came with the committee to the common, where the mob made a lane between them, through which he and the committee passed and read divers times as they passed along, the said acknowledgment. At first one of the committee read the resignation of Mr. Paine in his behalf. It was then insisted that he should read it with his hat off. He hesitated and demanded protection from the committee, which they were incapable of giving him. Finally, with threats of tar and feathers, and personal violence, in which his wig was knocked off, he complied, and was allowed to retire to his dwelling unharmed.
At the commencement of the Revolution some American soldiers quartered at his house repaid his perhaps too unwilling hospitality, and signified the intensity of their feelings towards him by cutting the throat of his full length portrait.
Madam Paine, in passing the guard house, which stood nearly where the old Nashua Hotel stood in Lincoln square, heard the soldiers say "Let us shoot the old Tory." She turned around facing them and said: "Shoot if you dare," and then she reported to General Knox the insult she had received, which was not repeated.
Mrs. Timothy Paine or Madam Paine, as she was styled from respect to her dignity and position, was a woman of uncommon energy and acuteness. She was noted in her day for her zeal in aiding as far as was in her power the followers of the crown, and in defeating the plans of the rebellious colonists. In her the King possessed a faithful ally. In her hands his dignity was safe, and no insult offered to it, in her presence, could go unavenged.
Her wit and loyalty never shone more conspicuously than on the following occasion: when President Adams was a young man, he was invited to dine with the court, and bar, at the home of Judge Paine, an eminent loyalist of Worcester. When the wine was circulating around the table, Judge Paine gave as a toast "The King." Some of the Whigs were about to refuse to drink it, but Mr. Adams whispered to them to comply, saying "we shall have an opportunity to return the compliment." At length, when he was desired to give a toast, he gave "The Devil." As the host was about to resent the indignity, his wife calmed him, and turned the laugh upon Mr. Adams, by immediately exclaiming "My dear! As the gentleman has been so kind as to drink to our King, let us by no means refuse in our turn to drink to his."
Timothy Paine and Sarah Chandler, his wife, not only feared God, but honored the King, so the old record goes. They belonged to families, often associated together in the remembrance of the present generation, as having adhered through the wavering fortunes and final success of the Revolution, devoted and consistent to the British Crown. Solid talents, practical sense, candor, sincerity, affability, and mildness, were the characteristics of his life. He died July 17, 1793, at the age of sixty-three. His widow died at Worcester, in 1811.