Revolutionary War Pension and Bounty Land Warrant Application File [ILLEGIBLE], Henry Beningfield, [BLANK]

NUM
Penningfield, Henry
S. 36

5760.
Kentucky
Henry Pennington Capt Hays Private Co A
in the army of the United States during the Revolutionary War.
ascibed on the Roll of Kentucky at the rate of 8 Dollars per month, to commence on the 7th of July 1818
Certificate of Pension issued the 26 of May 1819 and sent to Judge Clark , Mount Sterling Kentucky
  Arrears to 1th of July 1818 1 mo 25 31 4 / 30  15.51    Semi-ann. all'ee ending March 1819  48.00     63.51  
{ Revolutionary claim, } { Act 18th March, 1818. }

THE COMMONWEALTH OF KENTUCKY,
Montgomery County, Set.
On this seventh day of July 1818, before me the subscriber, one of the Judges of the circuit court, in and for the state aforesaid, personally appeared Henry Pennington aged seventy four years;—who being by me first duly sworn according to law, doth on his oath, make the following statement and declaration, in order to obtain the provision made by the late law 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;" that he is a citizen of the state of Kentucky, and resident in the county of Montgomery ; and that he was enlisted for three years at Staunton Millersburg in the state of Virginia on or about the day of January 1777 by one Christopher Roans and served in the company commanded by captain Hauf of the 2 d Regiment of Artillery Virginia Line on Continental Service
that he continued to serve in the said corps, or in the service of the United States, in the continental army, against the common enemy, until about the 12 th day of December 1780 when he was honorably discharged from service at Richmond in the state of Virginia ; that he was in service for the whole period aforesaid and was in the battles of any sort
And that he is in reduced circumstances and stands in need of the assistance of his country for support; and that he has lost his discharge, and has no evidence in his power, of his services and discharge, other than that which is here transmitted.
Sworn and declared before me the day and year aforesaid.
L. Clarke

I, James Clark Judge, &c. as aforesaid, do certify, that it appears to my satisfaction, that the said Henry Berningico did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of nine months and upwards, 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—and it further appears to my satisfaction, that said applicant is in such indigent and reduced circumstances, as to require the aid of his country, pursuant to the above recited act.
Jas. Clark Executive Judge

State of Kentucky I do hereby certify
That Thomas P. Smith Clerk of the County Court Bourbon in the state aforesaid do hereby certify that the within copy of the foregoing deposition was taken and sworn to me at that time and place as one of the acting Justices of the peace in and for said County and am commissioned and sworn and that said facts and credit were and each to be given to all his official acts as such in County of Bourbon
Given under my hand and seal this twentieth day of July eighteen hundred and eighty and one in the 27 th year. Commonwealth.
Tho. P. Smith

Montgomery County State of Kentucky ss
SCHEDULE.
ss Circuit of Montgomery
On this 11 th day of June 1822 personally appeared, in open court, (a) being a court of record (b) for the said Henry , [circuit, Montgomery , as the case may be,] Henry Pennycuick aged Seventy eight years, resident in said County of Montgomery in said Montgomery , [circuit, Montgomery , as the case may be,] who, being first duly sworn, according to law, doth, on his oath, declare that he served in the Revolutionary war as follows: (c)
That to the best of his recollection he enlisted in the year 1777 as an artilleryman in the 2 d Regiment of State of Virginia (commanded by Col. Robt. Marshall) & after a year's service was discharged by Col. (Minter) & Col. Matthews, & Col. Edmonds, who discharged him at the year 12 th Dec 1780 at Red Bank in Virginia - That his enlistment
And I do solemnly swear (or affirm, as the case may be,) 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. (d)
He has no property of any kind except and no wife, nor any home. He lives among the neighbors as he can, and has no mode of living, being unable to work. His trade is that of a Blacksmith, & he has worked at it thirty six years - but has been unable to work for many years -
Henry Pennycuick. Sworn to, and declared, on the 11 th day of June 1822. before me the Judge of the said Circuit Court, in open court -
M c Blair
I, M c Harrison clerk of do hereby certify, that the foregoing oath (or affirmation) 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 dollars and cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this day of 182
He has no wife nor any home and no mode of living being unable to work. His trade is that of a Blacksmith & he has worked at it thirty six years - but has been unable to work for many years -

Montgomery Circuit Court
This day came personally John H. Kelley into open court before me the Circuit Judge of said Court, and made oath that he knows the aforesaid Henry Runningfield and also knows that the old man has no property of any kind, and is unable to work.
June 11 th 1822
J. H. H. Blair

(a) The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.
(b) All are courts of record, within the contemplation of the act of Congress,
1st. Which are expressly made courts of record by the laws of the state which create them;
2d. Which have been solemnly adjudged, by the tribunals of the several states, to be courts of record;
3d. Which proceed according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings.
4th. Which have the power of fine and imprisonment;
And courts which proceed according to the course of the civil and canon law, having neither of those attributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such.—[ Opinion of the Attorney General of the United States. ]
(c) Here set forth the regiment, company, and line, or ship, corps, or vessel, and the date of the original declaration; and, if he has received a pension, the number of the pension certificate should be inserted.
(d) Here enumerate each article of real and personal estate, necessary clothing and bedding excepted, and subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the number and names of his family residing with him, their ages, and their capacity to contribute to their support, in order that the department may be enabled to decide whether the applicant is in such indigent circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words of the third section of the act of the 1st of May, 1820, "in such indigent circumstances as to be unable to support himself without the assistance of his country," comprehend those only who are incapable of supporting themselves without the aid of the government, except by private or public charity.

36413
Rev INVALID.
File No. 36413
Henry Beningfield Rev Rev
Act: 18 th March 18 th
Index:—Vol. 3 , Page 54
Announcement of
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Mount Sterling Ky June 14
John C Calhoun Esq Secretary of War Washington
July 1842

12/18/52
He is regularly present in board, it seems that the board has lost it, or it has been sent on of mislaid. He is a helpless man, & I pray you to let him have a reply as soon as possible, & notify me of it, so that I can send to him, & advise him of the result.
Very respectfully
David Foulke
The Secretary of the

Henry Beningfield
Private
Virginia Land
1777-3 years
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//

State of Kentucky Montgomery County  District July 15 th 1878
I, Nicholas Harrison clerk of the circuit  county aforesaid do hereby certify that James Clarke whose name appears to be signed to the within certificate as one of the Circuit Judges for the Commonwealth aforesaid is and was at the time of doing the same duly commissioned and sworn and due faith and credit is and ought to be given to all his official acts as well in courts of justice as elsewhere.
In testimony whereof I have hereunto set my hand and caused the seal of the circuit aforesaid to be affixed the day and date above written.
N. Harrison