Mr. John1 LAY, Sr., of Lyme, Connecticut ( -1674/5)

by Robert L. Ward

Mr. John1 LAY, Sr., parentage not currently known, had two brothers: Edward1 LAY and Robert1 LAY. The date of his birth is unknown, since no record of it has been found, nor his baptism, nor any record of his age. At a guess, he may have been born not far from 1610, in England, and died 18 Jan 1674[/5], Lyme, CT (Lyme LR1:27).

He married firstly, say 1631, ----- -----, of whom we know only that she is indirectly mentioned in John1 LAY's will.

He, being described as "Ma[ste]r John Lay of Cambridgtowne in New England", married secondly, 6 May 1645, St. Michael Huggin Lane, London, England (microfilm of original parish register), Abigail HARISON "of this parish", parentage unknown, born unknown, died after 22 Sep 1682 (son James's will) but before 7 Dec 1686 (her Inventory).

He was frequently known as "Mr. John LAY," "Mr. LAY," or simply "John LAY, Sr.," but never was addressed as "Goodman." This would seem to indicate that he was of a better class of people than most, and entitled to the title of respect, "Master."

The first record of John1 LAY found is that of his second marriage in London, 1645, as recorded above. At that time he is called "Ma[ste]r John LAY of Cambridgtowne in New England," undoubtedly meaning Cambridge, Middlesex County, MA. No trace of him has yet been found in Massachusetts, nor elsewhere in England. There was, however, a John LAY, son of Robert, baptized 19 Jul 1608, Dedham, Essex (IGI), which may or may not be a clue to his origins.

"The first representative of the family in this country was John LAY who came over from Warwickshire, England, in 1648 and settled at Lyme, Conn." (Encyclopedia of Biography, II, 159, under "Albert Tracy Lay").

"Four brothers by the name of LAY came to America from England as early as 1637 to 1645 or 1648." (Alice H. Lay).

"Savage: William and Edward settled in Boston first, then William moved to Rhode Island, and Edward moved to Conn. (Hartford Times). Robert, b. 1617 settled at Saybrook, Conn., 1637. John b. 1610 settled in Lyme, Conn. A first settler there recorded as 1648. He had two sons born in England, John b. 1633 and James. His first wife probably died in England, and when John (1) came to America, he remarried and had another son John by his second wife Abigail. This John was b. 1654. Abigail died 1686, and John (1) died 1675." (Alice H. Lay).

His first appearance in the American records appears to be in Saybrook Land Records (Saybrook LR1:1). This record is undated, but in the index is dated 1647. It is the list of the lands of Robert1 LAY, including:

"1. Land of Robert LAY in potopauge quarter bought of John LAY Senior his house and land adjoining to it or 24. akers abuting east upon the cove and west upon the Comons abutting north east and Southeast upon the land of Will PRAT. ...
"4. All the commonage in potopauge quarter belonging to the aforesaid 24. Akers bought of John LAY. ...
"7. bought of John LAY in meadow at 8 mile Island 5 Aker abutting east upon the great River west upon the cove north to the lands of John WESTALL and upon the south Mr. FENWICK land." (Saybrook LR1:1).

On 4 Jan 1648, he had a 300 pound right in lands in the Oyster River Quarter in Saybrook, along ith his brother Robert1 LAY, who had a £100 right, and his brother Edward1 LAY, whose right lay on the east side of the Connecticut River, in what was later to become Lyme (copy of original record made by John TULLEY, Town Clerk, 27 May 1698). I speculate that John1 LAY sold his Oyster River Quarter rights and purchased those of his brother Edward1 LAY, and settled on the east side, now Lyme.

His life in East Saybrook, later split off to become Lyme, is documented in the land records of Saybrook and Lyme (available on microfilm), the Lyme town meeting records (transcribed, Jean Chandler Burr, Lyme Records, 1667-1730, Pequot Press, New London, CT), and the New London Probate District Records (also available on microfilm). He owned lots of land at Duck River, Bride Plain, and The Cove, as well as on various islands within the bounds of what was at his death the Town of Lyme.

The will of John LAY, Sr., of Lyme is recorded in the Town Meeting Book (Burr, pp. 12-13), in Lyme Land Records (Lyme LR2:63), and the original is in the Connecticut State Library in Hartford (New London Probate File #3063). A transcript of it is as follows:

           "My Last Will and Testament

I John LAY of Lyme being grown aged, and at this time weak in
body wherby my departure out of this Life seems to be near, doe
in duty to god, and for preventing of trouble after my decease
amongst those whom I shall Leave behind me, desire to set my
house in order and setle my estate as followeth.

1. To my dear and Loving wife Abigail I giue and bequeath my
house and home Lot orchard and trees thereon, that is to say all
my upland and meadow Lying in the town of Lyme, excepting only
the Land at bride brook, to haue and to hold during the time of
her naturall Life, Also to my dear wife I giue my household goods,
and my stock of cattell horses and swine:

2. To my son John which I had by my former wife I giue so much
of my Land which is at bride brook as Lies on the east side of
the said brook, and the rest of my Land there which lies on the
west side of the brook both upland and medow I give to my daugh-
ter Abigail.

3. To my son James I giue so much of my calfepasture Land which
Lies on the North side of the path from duck river bridge to the
meeting house, and the rest of my land after my wife's decease,
both upland and medow I giue to my sons Peter and John whom I had
by my present wife, to be equally divided between them two, Peter
having that part of the upland which Lies by the pond and John
having that part which Lies by the house, with all rights and
priveledges, and divisions not yet made belonging to my whole
accommodations, to be equally divided between them two.

4. To my daughters Abigail, Susanna and Elizabeth, I giue twenty
pound a piece besides the Land before mentioned given to Abigail,
to be paid by my executrix, and also the use and improvement of
an acre of Land a piece during theyr life out of Peters and
John's Land, to be planted with aple trees.  and to my daughter
Abigail two acres of Land already planted with aple trees, and
also while shee continues unmaried I giue her the use of a good
fire room in my house.  Also I doe constitute and appoint my dear
wife Abigail my sole executrix of this my last will and testa-
ment hereby revoking and making null all former wills whatsoever.
In testimony whereof I have hereunto set my hand and seal this
16, of January 1675.
Signed sealed and published                  his
in the presence of us                  John  JIL  LAY
       Moses NOYES                          Mark
Matthew GRISWOLD
Rennold MERUIN"

The Inventory of John LAY, Sen. (New London Probate File #3063), was taken 16 Feb 1675 by Renold MARVIN and Wm. MEASURE, and amounted to £387 11s 3d.

In May 1676, Mrs. Abigail LAY petitioned the General Court of Connecticut asking for relief, as follows:

                         "To the Honnoured Gennerall Court
                          to sett at Heartford.  May ye 11th 1676
   "The Humble complaint of Abigall LAY Relict of John LAY
Sheweth
   That yor complainants Sonn beeing impressed in the country
   Sevice and wounded at the Swamp fight last December,
   was wth severall other wounded men conveyed to Rhoade Island
   for cure and hath continued there ever since and hath bin
   and is now wth Major CRANSON who hath as I am informed bin
   very carefull of him so that now hee is indeferently recovered
   so that he can walke about and is now desireous to returne
   home but is detained untill the said CRANSON bee sattisfyed
   for his dyet and cure wch is matter of great griefe and trouble
   to yor complainant beeing a widdow and therefore not capasitated
   to mannaged the matter for his release; and therefore prayes
   this Honnoured Court so to consider of it that her sonn
   may speedyly bee released.  that so hee may bee at liberty to
   returne to his Relations.  wch is the earnest desire and
   request of --
                    Yor honnours in all
                         Submission
                              Abigall LAY
"Connecticut State Library
Connecticut Archives:  War I:70
"THE ACTION OF THE GENERAL COURT
OF CONNECTICUT
   At a Court of Election held at Hartford
   May 11 1676
       In answer to the complaint or petition of Mrs Abi-
   gail LAY of Lyme, that her son is detayned at Rhode Island,
   this Court haue seen just cause to order that the Treasurer
   send to Captaine CRANSTON the thankes of this Court for
   his care and paynes about or wounded men, and
   to desire him to release the said LAY's sonn that he
   may com home; and to engage to the sayd Captaine
   just sattisfaction for his cost and care upon him;
   and allso to send him a barrell of oatmeale and
   forty bushells of Indian corn in part pay, and
   to desire him to send and accot of what is due to
   him from the Colony for his care and charge
   about the wounded men.
"Connecticut Colonial Record, Vol. II, 276."

(Society of Colonial Wars in the State of Rhode Island and Providence Plantations, The Petition of Abigail LAY Relict of John LAY of Lyme to the General Court of Connecticut To Which are Added Other Documents Relating to King Philip's War (1920), pp. 14-15)(Public Records of Connecticut, 1665-1678, p. 276). I believe that this refers to John2 LAY the Younger, rather than to his older half-brother Drummer John2 LAY (Noyes, Noyes-Gilman Ancestry, pp. 160-161).

Abigail (HARISON) LAY is mentioned in the will of her son Peter2 LAY on 7 June 1682, and on 22 Sep 1682 in the will of her son James2 LAY.

On 20 Sep 1682, Edward1 LAY of Portsmouth, RI, mentioned in his will "Kinsman John LAY the Eldist sonn of my Eldst Brother John LAY deceased," and also "the rest of my Kinsmen the sonns of my said deceased Brother John LAY and my Brother Robert LAY." This and mention of Robert1 LAY's daughter and daughter-in-law as cousins in the will of James2 LAY constitute the proof of relationship among the three brothers Edward1, John1, and Robert1 LAY.

The Inventory of the widow "Mrs." Abigail (HARISON) LAY (New London Probate District File #3053, and New London Probate Court Records "Trials" 5:159) was taken 7 Dec 1686 by Thomas LEE and Abraham BROWNSON, and amounted to £131 13s 5d.

Child of John1 and (1)----- (-----) LAY:

  1. "Drummer" John2 LAY, b. ca. 1633, England; m. about 1663, Sarah2 ANDREWS; d. 13 Nov 1696, Lyme, CT, aged 63 years (gravestone, Meeting House Hill Cemetery, Old Lyme, CT). Nine children.

Children of John1 and (2)Abigail (HARISON) LAY:

  1. James2 LAY, b. ca. 1646-7, prob. East Saybrook, CT; unmarried; d. between 22 Sep 1682 and 12 Dec 1682 (Will)(Lyme LR1:129).
  2. Abigail2 LAY, b. say 1650, prob. East Saybrook, CT, m. 3 Aug 1687, Lyme, CT (LR2:41), as his first wife, William1 WARMAN; d. after 3 June 1719 (deed, Lyme LR3:227) but before 19 Sep 1721 (deed, Lyme LR3:362). One child.
  3. Peter2 LAY, b. bef. 1654, prob. East Saybrook, CT, unmarried; d. 9 Jun 1682, Lyme, CT (Inventory).
  4. John2 LAY "the younger," b. ca. 1655, prob. East Saybrook, CT, m. 26 May 1686, Lyme, CT (Lyme LR1:136), Johanna3 SMITH; d. 25 Jan 1711/2, Lyme, CT, in 57th year (gravestone, Meeting House Hill Cemetery, Old Lyme, CT)(Lyme LR2:402). Three children.
  5. Susanna2 LAY, b. say 1658, prob. East Saybrook, CT, unmarried; d. between 1 Feb 1680/1 and 28 Dec 1681 (Burr, pp. 40, 51, Lyme LRG:21), Lyme, CT.
  6. Elizabeth2 LAY, b. ca. 1662, prob. East Saybrook, CT, m. 17 Nov 1677, Lyme, CT (LR1:54) as his first wife, Richard3 SMITH; d. 3 Apr 1690, Lyme, CT (LR1:54). Four children.

There are many descendants through each of the four children who married. Fifteen of his seventeen granchildren married, and fourteen of the seventeen had children. For more information on him and his descendants, contact Robert L. Ward.

Secondary sources which deal with his family are:

  1. Alice H. Lay, "The Lay Family in America," Yesteryears, Vol. 7, No. 28 (June 1964), pp. 190-202;
  2. Robert Hall McCormick III, McCormick-Hamilton Lord-Day Ancestral Lines (1957) pp. 637-640;
  3. C. W. Manwaring, Early Connecticut Probate Records I:51-52, 188-189, 219-220;
  4. Charles Hoadley, Public Records of the Colony of Connecticut, p. 131;
  5. Charles Dyer Parkhurst, The Lay Family of Lyme; and
  6. Charles Dyer Parkhurst, Early Families of New London and Vicinity.