Revolutionary War Pension and Bounty Land Warrant Application File S. 33415, for Joseph Paine, Massachusetts

SERVICE
Mass.
Paine, Joseph
NUMBER
S. 33415
CONTENTS

13.053
Massachusetts
Joseph Paine
of Rochester in the state of Mass a who was a Private in the regiment commanded by Colonel Rose — of the Mass line, for the term of three years
Inscribed on the Roll of Massachusetts at the rate of 8 — Dollars per month, to commence on the 17 th of April 1818
Certificate of Pension issued the 22 d of July 1819 and sent to Nahum Mitchell Esq r East Bridgewater Mass
Arrears to 4th of March 1819 $ 84.76 Semi-ann. all'ce ending 6 Sep 1819 48.00
10. 1/30 4/30 — $132.76
{ Revolutionary claim, } { Act 18th March, 1818. }
Not Entitled and Satisfaction due to John B. Thomas Esq r Plymouth Mass. Jan y 22 1821

Joseph Pain Rochester
Proof of service of Judge's certificate of discharge wanted
The Claimant Having produced the Lieut. Col's certificate & my certificate of in- discharge being added, which was unintentionally o- mitted, I return the do- cuments to the war office
N. M.

COMMONWEALTH OF MASSACHUSETTS.
On this 17 th  ss. day of April A 1818, before me the subscriber, one of the Judges of the Circuit Court of Common Pleas, for the Southern Circuit, personally appeared Joseph Pain of Rochester aged  years, resident in the said Circuit, who being by me first duly cautioned according to law, on his oath made the following declaration, by him signed, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war.", viz that he served in said war for the last 3 years in Capt. Marshall's Company and the first Mass. Reg t (Col. Wose's) — /See his said Declaration enclosed/
And the said Pain is poor and needs the assistance of his country for support —

And I the said Judge do certify that I am satisfied the said Pain is poor and needs the assistance of his country for support.
also And I, the said Judge, do certify, that it appears to my satisfaction, that the said Joseph Pain did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months, on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress.
Nahum Mitchell
COMMONWEALTH OF MASSACHUSETTS.
ss.
1818.
I HEREBY CERTIFY, That is one of the Judges of the Circuit Court of Common Pleas for the Southern Circuit, consisting of the Counties of Plymouth, Norfolk, Bristol, Barnstable, Dukes and Nantucket in said Commonwealth—that the same Circuit Court of Common Pleas is a Court of record—that the signature to the above certificate is the true signature of the said Judge, and that the seal thereunto affixed is the seal of the said Court.
} Clerk of the Judicial } Court for the County } of

Schedule of Joseph Paine

Commonwealth of Massachusetts
County of Plymouth ss.
On this sixteenth day of April 1822
before the Court of Common Pleas, proceeding according to the course of the common law, with a jurisdiction unlimited in point of amount, having a power also of fine and imprisonment, and keeping a record of their proceedings, personally appeared in open court, being a Court of Record for said county. Joseph Paine, aged sixty six years, resident in Rochester, in said county, who being first duly sworn, according to law, doth on his oath, declare, that he served in the Revolutionary war as follows, viz: for the term of three years from 1781 to 1783 in Capt. Menhales Company, 1st Joseph Vose's Regiment Massachusetts Line, and that he has received a pension certificate dated July 22, 1819, and numbered 13,050 in pursuance of his original declaration, made 17 April, 1818, and also takes and subscribes the following oath, viz. And I do hereby solemnly swear that I was a resident citizen of the United States, on the 18th day of March 1818; and that I have not, since that time, by gift, sale or in any manner, disposed of any property, or any part thereof, with intent, thereby, so to diminish it as to bring myself within the provisions of an act of Congress, entitled, "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts or debts, due to me, nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.
  One cow of the value of 12 00 $ 12.00   one small swine 3.00   Foals of Husbandry 10.00   Household furniture 10.00   $35.00 
Value $35. 7/12/20

The land mentioned in a former schedule I have sold to James Paine for three hundred dollars, which has been appropriated to payment of my just debts, among which were the following which were due before the exhibition of said schedule viz.
To George B. Nye being a debt due for said land $150.00 To Jonathan Loring, a debt that has been due 4 years - 65.00 To Alfred Kendrick, for provisions, due more than 2 years - 20.00 To David Hathaway for goods from his store more than 2 - 22.00 To Joseph Meigs for goods from his store, due more than 4 years 15.00 To David Miller, a debt more than 4 years old 8.00 $280.00
The sheep mentioned in said schedule are dead. My family is a wife, 65 years old dropsical, my own health poor and equal to but partial labour. Said land was sold about one year and a half since
his Joseph Paine + mark
Sworn to and declared on the sixteenth day of April, before the court of common Pleas.
Attest John B Thomas Clerk
I John B Thomas Clerk of the court of common Pleas, do hereby certify that it appears to the satisfaction of the court, that the said Joseph Paine did serve in the Revolutionary war as stated in the preceding declaration, against the common enemy, for the term of nine months, under an engagement on the continental establishment. I also certify that the foregoing oath and the schedule thereto annexed, are truly copied from the records of the said court, and I do further certify that it is the opinion of the said court, that the total amount in value of the property exhibited in the aforesaid schedule is thirty five dollars

In testimony whereof, I have hereunto set my hand and affixed the seal of the said court, on this eleventh day of Febru- ary, in the year of our Lord, one thousand, eight hundred and twenty four.
W B Thomas
{ Clerk of the Court of Common Pleas for the County of Plymouth }

33 415 Rev INVALID.
File No. 33 415
Joseph Paine Rev Me
Act: 18 th March 1877
Index:—Vol. 2 , Page 215-
[Arrangement of 1870.]

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Joseph Paine -
13053 Rochester July 19
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SCHEDULE.
COMMONWEALTH OF MASSACHUSETTS.
County of Plymouth ss.
On this nineteenth day of July 1820, before the Circuit Court of Common Pleas for the Southern Circuit, proceeding according to the course of the common law with a jurisdiction unlimited in point of amount, having a power also of fine and imprisonment, and keeping a record of their proceedings, personally appeared in open Court, being a court of record for the said County Joseph Paine aged 63 - - years, resident in Rochester in said County, who being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary war as follows, viz. for the term of 3 years 1781. 1782. 1783 - in Capt Marshall's company Col. Dyer's Regiment and that he has received a pension certificate dated July 22. 1819 and numbered 13,053 - in pursuance of his original Declaration made 17th April 1818 and also takes and subscribes the following oath; viz.
And I do solemnly swear that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not, since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary war," passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed.
I have 30 acres land and hay only to keep a cow 2 thirds of a small house & 1/4 a barn small woodshed - 1 hog 4 sheep farming tools. house furniture
My family consists of myself & wife aged 63 years she is confined my own health to her - but partial labour for my age the income of my real estate as appraised by the Selectmen of Rochester is 9 dollars I owe 200 dollars to his mark
Sworn to, and declared, on the 19th day of July A.D. 1820 before
Nahum Mitchell Justice
I, M c B Thomas clerk of said Court do hereby certify, that the foregoing oath and the schedule thereto annexed, are truly copied from the record of the said court; and I do further certify, that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule is Three hundred thirty three dollars and 50 cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court this Twenty sixth day of December 1820
M c B Thomas Clerk of the Court for the County of Plymouth
333 50 or income $9.00

Massachusetts
Joseph Paine - probate
aged 60 yrs - health poor - life, 65 yrs old - dropsical - married 3 yrs from 1701.
1st (19 July 1820)
Sched: exhibits 30 acres of land - "cut hay, only to keep a cow" - part of a small house, 1/2 of a barn. small pair of oxen - 1 hog - 4 sheep - farming tools - furniture - States that selectment appraised the income his real estate, at $:9. - whole amt. recked: $:333.50. - says he owes
$200. - 22 July 1821. Application restoration, as her L. Sched: dated
April 1822 - which exhibits, the following charge, &c. in his property - The land, he sold to James Paine, the 3rd Sept: 1821, for $:300. the whole of it (except $20) he has P. as follows -
To J. Paine, $150, on a/c of the said land - To J. Bowing for debt due 4 yrs $:65 - To A. Kendrick for a debt due $20 - To D. Hathaway for goods 2 yrs - $22 - To J. Meigs, had more than 4 yrs
for a debt due him 4 yrs $:80 - making - of $:200 - part of the deed is with agent P. Paine
See letter 18 Feb. 1829 to Hon. Davis H.R. -
See letter to J.B. Thomas April 20. 1824
Feb. 1826
Restore
Restored to Mar: 1826, commencing 21 Feb: 1826, and certification sent to Hon. J. Reed, H. R.
Sept 19

Deposition of Geo. B. Ayer -

I George B. Nye of Rochester in the County of Plymouth and Commonwealth of Massachusetts, legally qualified to give evidence testify and say that about twenty four years ago I contracted with Joseph Paine for the sale of a small place for which I think he was to give me about four hundred dollars. I gave him a bond, con- ditioned for a deed when the purchase money should be paid. After this contract Paine went into the occupation of the place as tho' the same had been his own. Some years after a part of the same place was sold to Moses Hiller. I gave a deed to Hiller and received the consideration (about seventy dollars) in part payment of the debt due me from Paine. Afterward a part another part of the place was sold to Ipson Paine for about forty or fifty dollars and I gave the deed & took the consideration money in part pay- ment of the original debt for the purchase. Some years afterwards (how many I can not say) I gave a joint order of the residue to Joseph Paine and Gardner Paine, when I took their joint note for the balance, and took up the bond I had given. Joseph Paine being poor becoming insolvent gave a deed of his part to James Paine and I gave up my note against Joseph Paine and Gardner and took the note of James Paine and and Gardner Paine for the amount due me. Before this exchange part of notes Gardner Paine had paid the principal part of his half and the most that was due was due from Joseph which James assumed on the other share by him, and the payment of which I have since enforced by suit. The amount due on the joint note given by James & Gardner was one hundred

hundred & fifty dollars or more, and much the greater part of this was due from James on account of the debt of Joseph assumed by him.
I have understood, and fully believe that said James, when he was charged as aforesaid became obligated to pay a number of debts of Joseph Paine; among others one to Thomas Powny for about forty dollars, and one to Jonathan Bowery for a considerable amount. Fearing that Bowery would anticipate me, I commenced suit against James Paine sooner than I otherwise should. Joseph Paine lives about two miles from me, and I have known him well for more than twenty years. I always considered him as an honest, tho' simple and ignorant man. For some years past he has been quite infirm and unable to labor a considerable part of the time. I have been many years an officer of the town of Rochester, and never considered said Paine as worth two hundred dollars, and that his property has been decreasing for the last ten years. He stated in a former deposition that Joseph Paine had no land at that time.
George B. Dyer Commonwealth of Massachusetts Plymouth ss. Feb'y 21. 1826. George B. Dyer personally appeared & made oath to the truth of the above deposition by him subscribed.
Before me Charles J. Holmes Esq. Justice of the Peace
I well know Charles J. Holmes is a Justice of the Peace in the state of Massachusetts and I know the above is his hand writing
John Reed of House of Rep

In July 1820 { Joseph Paine it appears by his schedule & statement had a small house & one half a barn — Valued all his Property at $ 333.00 The income of the same estimated by the Selectmen (who are Assessors of all taxes) $ 90.00 per year Owed debts $ 200 —
In April 16 th 1822 { Schedule Personal Property — $ 35.00 Debts amounted to — $ 280 — Sold his Real estate for $ 300 Sep 3 rd 1821 —
It seems from the deposition Geo B May on that 20 years ago more or less he gave Joseph Paine a Bond obligating himself on the payment of about $400 that he would sell said Paine a small farm Paine was never able to pay that sum — That a number of years after wards Aye sold & gave deeds with the consent of Paine of a Part of said land amounting to more than $100 — & considered the same as so much paid by Paine toward the original consideration — (It seems Paine had paid nothing) — Aye then goes on to state that some years after — he gave a Joint deed of the property abovementioned to Joseph Paine & Gardner Paine

And took their joint notes & then the Bond first spoken of was taken up by Nye — Joseph Paine could not pay his note and sold his estate to James Paine who under took to pay & failed & was sued & the debt finally obtained amounting to about $150.00 Has heard & believed at the time of sale James the Purchaser was obligated to pay several other debts & fearing that they might sue he commenced his suit — Sines near Paine has known him many years Says he is infirm — & unable to labour a considerable part of the time — Says he was never worth $200 — that it has been diminished for a number of years past.
Noble E. Bates. Has known Paine 7 Years & never considered him worth any thing for 2 Years past has been a Selectman & assessor of Taxes & never taxed him one cent —
David Hathaway states that some years since James Paine paid him between fifty & 60 on acct. of Joseph Paine — Says he has known him many years that he is a Poor simple honest man —
Alfred Kendricks — as above knows him well is poor & honest owes him $40. or $50 has no means of paying —

I David Hathaway of Rochester in the County of Plymouth and Commonwealth of Massachusetts do hereby qualify to give evidence testify and say that in the month of July A.D. 1821. James Paine son of Joseph Paine gave me a note for twenty two dollars 40 cents for a debt due from his father. And I further testify that said Joseph Paine was indebted to the sum of David Hathaway Esq. of which I am a receiver. previous to January A.D. 1823 to the amount of thirty two dollars 40 cents, which the said James has become obligated to pay; and has since paid by cash and his note for sixteen dollars. I am acquainted with said Joseph Paine and believe him to be a poor, simple, but honest man.
(David Hathaway)
Commonwealth of Massachusetts. Plymouth ss. January 7. 1824. David Hathaway personally appeared & made oath to the truth of the foregoing statement by him Subscribed Before me Charles J. Holman Just. Peace

This may certify that Joseph Paine served as a soldier in the Continental Army for more than nine months that is to say, for three years. & I had his discharge & lost it. Rochester April 16 th 1818. —
Alanson Cummings

This is to certify that Joseph Paine Served in the first Massachusetts Regiment, as a Good Soldier one year, and was discharged by Genl Washington. J. Paine stands on the Regimental Book Milton 6 July 1849      Elijah Vose Lieut Col.

Commonwealth of Massachusetts.
Elijah Vose whose certificate is enclosed is a respectable man, and his certificate is entitled to full credit - he was Lieutenant Col. of the first Massachusetts Regiment, and his brother Joseph Vose was now deceased was chief Col. - The Rolls of the Regiment are in the hands of the said Elijah Vose since the death of his brother, and he has therefore the means of correcting himself, should his memory fail him. —
Nahum Mitchell: Judge De
July 7. 1819.

I Noble E. Bates of Rochester in the County of Plymouth Commonwealth of Massachusetts. lawfully qualified to give evidence testify & say That for seven years or more I have been acquainted with Joseph Paine of said Rochester. I never considered him to be worth any thing. He is infirm, simple and ignorant! For the last two years I have been a selectman and officer of said Rochester. and said Paine lives in the same quarter with myself. He has not been here for poll or estate since I have been an officer.
Noble E. Bates Plym. Co. February 21. 1826. Noble E. Bates appeared & made oath to the truth of the above affidavit by him subscribed Before me Charles Holmes Jus. Peace
I David Hathaway of said Rochester, lawfully qualified to give evidence testify and say that some years since James Paine passed & became obligated by note to pay for Joseph Paine between fifty and sixty dollars to myself and a firm of which I was member, as appears by my books & papers. And as I understood he did this on account of land purchased by said James of said Joseph. I have known said Joseph for many years. He is a poor, simple, but honest man!
David Hathaway Plym. Co. Feb. 21. 1826. David Hathaway appeared & made oath to the truth of the foregoing deposition by him subscribed Before me Charles Holmes Justice of the Peace
I am acquainted with the writing of Charles Holmes & I know the above to be his writing & also know he is a Justice of Peace - John Reed House of Rep.

I Alfred Kendrick of Rochester in the County of Plymouth & Commonwealth of Mass a free citizen legally qualified to give evidence testify & say that for many years I have been acquainted with Joseph Paine of said Rochester, formerly a pensioner for Revolutionary services. He has always since I have known him, (more than thirty years) been a poor man, and as my to informers and in capacity for labor the little that he has has been consumed. For a long time I have been in the practice of giving him credit for articles for the use of his family. He now and for a number of years has been indebted to from forty to fifty dollars. He has no means in possession or to my knowledge or belief in trust to any charge it. He is a poor, ignorant, simple & I believe an honest man.
Alfred Kendrick
Plymouth J. February 21. 1826
Alfred Kendrick personally appeared and made oath to the truth of the above deposition they have subscribed
Before me Charles J. Holmes. In Rev.
I know Charles J. Holmes is a Justice of Peace in Massachusetts & I know the above to be his hand writing John Reed of Mass of Rep.

Joseph Pain Rochester
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208 I Joseph Pain of Rockport in the County of Plymouth, Massachusetts, & a citizen of the United States and now resident therein set forth and declare on oath that I was a soldier in the war of the Revolution on the continental establishment for more than nine months; that from my reduced circumstances I need the assistance of my country for support, and am therefore desirous of obtaining a pension under the late Act of Congress of the 18. March last.
That I entered the service in June 1781 for the last three years service and served the time out and till the close of the war and had my discharge on Dec r 1783. I served in Capt. Marshall's Company and the first Regiment in the Massachusetts line. My discharge I gave to Almon Cummings to draw my wages at Boston; and I have never seen it since. He either left it where he drew my wages or he has mislaid or lost it.
Joseph his + Pain mark
Subscribed and sworn to April 17. 1818

Sir
I have taken pains to investigate the case of Joseph Paine, once a Pensioner and at present an Applicant for a pension. It is manifest to me that there was an error in his original statement - He owned but one undivided half part of the Property or Real estate named in his schedule; in other words he owned it jointly with Gardner Paine - It also appears from the Deposition of Geo B. Nye Esq. who is a highly respectable man that he agreed to sell Paine the Real estate in question more than 20 years ago; since which time Paine has lived upon it, & called it his own, but never paid for it -
The Purchaser of his estate paid said Nye about $150 -
David Hathaway also testifies that he was paid between $50 & 60 by said Purchaser - Poor & honest -

It is manifest from the testimony of Noble E. Bates one of the Selectmen and assessors of taxes that Joseph Paine is a Poor man —
I have myself seen Mr Paine — He is exceedingly infirm — One leg almost useless & in my opinion it is impossible for him to perform much labour — There is not in my mind the ghost of a doubt  that man of great simplicity & honesty that he is very infirm and totally destitute of property. — I am
House of Rep Feb 21 st 1826
Respectfully Yrs Ob t Serv t John Reed
Hon. James Barbour Secretary of War
Mr Reed must have made a mistake in the date of this letter — because in it he refers

KNOW ALL MEN BY THESE PRESENTS, That I Joseph Paine of Rochester in the County of Plymouth Yeoman,
in Consideration of Three hundred Dollars to me in hand paid by James Paine of Rochester in the County aforesaid, Mariner,
the Receipt whereof I do hereby acknowledge, do hereby give, grant, sell and convey unto the said James Paine his heirs and assigns forever, a certain piece of land on which I now live with a part of a house and part of a Barn standing thereon bounded as follows viz. Easterly by the road leading from Mattapoisett in Rochester to Sippican, Northerly by Jonathan Killers land, Westerly by Gardner Paines land, and Southerly by Philip Dexters land, containing about five Acres. and Also One Other lot of land in said Rochester adjoining Jonathan Killers Caleb Dexters and Prince Snow, containing about twenty Acres And Also an Other lot of Salt meadow containing about One Acre adjoining Nathaniel Hammonds, Prince Snow and William Noys land.
To Have and to Hold the afore-granted Premises to the said James Paine his Heirs and Assigns, to his & their Use and Behoof forever.
AND I do covenant with the said James Paine his Heirs and Assigns, That I am lawfully seised in Fee of the afore-granted Premises; That they are free of all Incumbrances; That I have good Right to sell and convey the same to the said James Paine his heirs and assigns
AND that I will warrant and defend the same Premises to the said James Paine his Heirs and Assigns forever, against the lawful Claims and Demands of all Persons.
In Witness whereof, I the said the said Joseph Paine
have hereunto set my Hand and Seal this Third Day in the Year of our Lord One thousand eight hundred and twenty One
of September Signed, sealed and delivered in Presence of us,
Elijah Willis Samson Hitchman
} Joseph Paine (Seal) Mark (Seal)
Plymouth 5. September 3 d 1821. Then the above-named Joseph Paine personally appeared and acknowledged the above instrument to be his free act and Deed before me. Elijah Willis Not. of P.

Commonwealth of Massachusetts
Plymouth ss I John D. Thomas Clerk of the Judicial Courts for the County of Plymouth certify that Master Cotton Reg is the register of deeds for said County of Plymouth and that the attestation to this copy of a deed is the true signature of said Master Cotton
In testimony whereof I have hereunto set my hand & affixed the seal of the Court this tenth day of February AD 1824
John D Thomas
The within is a true copy from the records of deed for the County of Plymouth Book 143 folio 156. Attest Master Cotton Reg