Revolutionary War Pension and Bounty Land Warrant Application File S. 36,428, Benjamin Brockway, Continental (Conn.)

SERVICE
NUMBER
Continental (Conn.) Brockway, Benjamin
S. 36,428
CONTENTS

4,269
Connecticut Roll
✓ Benjamin Brockway, Captly Private Connecticut Light
In the army of the United States during the Revolutionary War.
Inscribed on the Roll of Connecticut at the rate of Eight Dollars per month, to commence on the 22 d of April 1818.
Certificate of Pension issued the 10 th of November 1818 and sent to Jeremiah G. Brainerd Esq. Judge Supreme New London.
Arrears to 4th of Sept 1818. 5 mo. 3/30 - 40:80 Semi-ann. all'ce ending March 1819 - 48: -
Second term $ 88:80 1 Da. 75 till Oct. 76 { Revolutionary claim, } { Act 18th March, 1818. }
Rev 40:80 Invd 20:40 Diff ce between In: & Rev } $ 20:40 pension }
Lyme, New London

State of Connecticut
ss Lyme April 2 nd 1810
Be it remembered that at said Lyme on this 2 nd day of April A D 1810 before me Jeremiah G. Brainard a Judge of the Superior Court of the State of Connecticut — Personally came and appeared Benjamin Brockway of the Town of Lyme County of New London and State of Connecticut and being duly and solemnly sworn according to Saw no the usage of said State did on his said oath by me to him administered declare and say that at said Lyme on or about the first day of December A D 1775 he enlisted as a Soldier in Capt. Christopher Ely's Company Col. Samuel H. Parsons Regiment in the Connecticut line on the Continental establishment and he immediately joined his Regt. and that on the 27 th day of August 1776 while in the line of his duty he was wounded in the foot by a Musket Ball from the common Enemy at the time of the retreat of the American Army on Long Island near flat Bush which wound rendered him unable to do duty in his Company and that he continued with his Regt. until the latter part of October 1776 or about six weeks before the expiration of his enlistment which was on the first day of Dec r 1776 and that in consequence of his wound & being unable to do duty in his Company he received a Furlough & returned home as an Invalid & was unable to rejoin his Regt. during the term of his enlistment but that he repaid to the end of the term he enlisted for and that he is now in the 67 th year of his age and that he now is & ever has been a Resident Citizen of the United States that as to a discharge he thinks he had no written one that the Regiment was discharged without that if he had one it is lost or destroyed by time or accident; that from his reduced circumstances he need the assistance of his country for support
Sworn before me this 10 th day
Benjamin Brockway

Day and Date aforesaid
In witness whereof I have caused the Seal of the Superior Court of the State of Connecticut to be hereunto affixed at New London in said State, the Day, Month and Year aforesaid
Jeremiah Brainerd a Judge of the Superior Court of said State
I Jeremiah Brainerd Judge as aforesaid do certify that it appears to my satisfaction that the said Benjamin Brockway did serve in the Revolutionary War as stated in the preceding declaration against the common enemy And I now trans mit the proceedings and testimony taken and laid before me to the Secretary for the Department of War pursuant to the directions of the after mentioned act of Congress The foregoing declaration was made to me as the applicant declared 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 & Naval service of the United States in the Revolutionary War"
Witness my hand and the seal aforesaid April 2 d 1818 Jeremiah Brainerd a Judge of Superior Court State of Connecticut
State of Connecticut. July 8. 1818.
I Jeremiah Brainerd Judge as aforesaid do certify that Benjamin Brockway the foregoing claimant is from proof exhibited to me to my satisfaction in indigent circumstances and needs the assistance of his Country for support Jeremiah Brainerd Judge as aforesaid

I Benjamin Brockway of Lyme in the State of Connecticut late a private Soldier in the Army of the Revolution - and an Invalid Pensioner on the Roll of the Connecticut Agency at the Rate of Four Dollars per Month - In consideration of being placed as a Private of the War of the Revolution on the Pension Roll of the Connecticut Agency under the Act Congress of the 18 th of March 1818 - do hereby relinquish my said Pension as an Invalid of Four Dollars per Month to take effect from the 2 nd Day of April 1818 - the time when in Order to obtain a Pension under the Act aforesaid I made my Declaration before Jeremiah Brainard One of the Judges of the Superior Court of the State of Connecticut
In witness whereof I have hereunto set my Hand and affix my Seal at the City of New London in the State of Connecticut this 31 st Day of October 1818
State of Connecticut So. October 31 - 1818
Benjamin Brockway
Personally appeared Benjamin Brockway the Person above named and having in my presence executed the above Instrument acknowledged the same to be his free act and deed -
Before me Jeremiah Brainard a Judge of Superior Court State of Connecticut

State of Connecticut County of New London ss.
On this 9th day of June A D 1824 personally appeared in open County Court being a Court of record for the County of New London according to the laws of the State of Connecticut by which it was created, & having the power of fine and imprisonment, Benjamin Brock way resident in Lyme in said County, aged 75 years who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the provision made by the acts of Congress of the 18th of March 1818 and the first May 1820. That he the said Benjamin enlisted for the term of one year in the month of December 1775 at Lyme in the County aforesaid, in the company commanded by Capt Christopher Brady in the regiment commanded by Col Samuel H. Parsons in the Continental line of the State of Connecticut in the Continental establishment that he continued to belong to said corps until the month of December 1776 when he was honorably discharged from the said service - That during the time when he belonged to said corps as aforesaid, he was in an action near Flat bush on Long Island where he was wounded, and in consequence was carried to the hospital where he remained until he was discharged - That in consequence of the wounds received in said action, he was placed on the pension list as an invalid pensioner.

of the United States about 14 years ago, and continued on the pension list until the year A D 1818 when he was placed on the pension list under the law of the 18 th of March 1818 and continued on said list as a revolutionary pensioner until after the passage of the law of the first of May A D 1820, when not rightly understanding the law, he in July 1820 sur- rendered his certificate as a revolutionary pensioner and applied for, and obtained his certificate as an invalid pensioner - That at the time of passing of the law of the 1 st of May 1820 he was, & for some time previous, had been, entirely destitute of any property other or personal except some necessary articles of furniture, bedding and wearing apparel That he has had no property since, except the money he has received under his invalid pension - That since the surrender of the certificate under the law of the 18 th of March A D 1818 he has lived that he might have been continued on the pension list, notwithstanding his having been on the invalid pension list; and thereupon wishes to surrender his invalid pension certificate & be again placed on the pension list under the laws of Congress of the 18 th of March 1818 and the 1 st May 1820 as a revolutionary pensioner -
And in pursuance of the act of the 1 st May 1820 I do solemnly swear that I was a resident citi- zen of the United States on the 18 th 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 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 & by me subscribed - And I further testify & say that my occupation has been that of a laborer at farming - My family consists of my wife aged 67 years, one daughter aged 25 years and a daughter of my present wife by a former husband - In addition to my earnings for which I was placed on the pension list I have had a rapture for more than 15 years and that by reason of age and infirmities, my pension is indispensably necessary for my support and for the purpose of being restored to the pension list, I do hereby surrender my certificate as an invalid pensioner and request to be reinstated on the pension list as a revolutionary pensioner -
A schedule of the property of Benjamin Brockway including every article of the same necessary apparel & bedding only excepted - viz -
1 small pig - $3.00
Benjamin Brockway
Sworn to and subscribed on the 9th day of June A.D. 1824 before said County Court
Charles Lathrop Clerk

I Charles Lathrop Clerk of the County Court in the County of Middlesex aforesaid do hereby certify that the foregoing oath and the schedule thereto annexed, are truly copied from the records of the said Court - and I further certify that it is the opinion of the said Court that the said amount in value of the property exhibited in the aforesaid schedule is Three dollars. In testimony whereof I have hereunto set my hand and affixed the seal of the said court on this 9 th day of June A.D. 1824
Charles Lathrop Clerk of the County Court in Middlesex Co.
Affidavit Schedule Act 1 st March 1823.

Benj a Brookhairs affidavit

United States of America State of Connecticut County of New London
On this 17th day of November 1824 personally appeared in open Court being a Court of Record according to the laws of the State of Connecticut & having the power of fine & imprisonment. Benjamin Brockway resident in Lyme in said Court who being first duly sworn according to law doth in his oath make the following declaration in addition to his declaration made before this Court at its June Term A.D. 1824.
That I the said Benjamin Brockway some time in the year 1816 or 1817 became surety with my Brother John Brockway for one John Rodney & Brockway then about 25 years of age to Nicholas McCurdy in the sum of $200.00 for money lent to said Rodney by said McCurdy. In the year 1819 said Rodney became embarrassed in his circumstances & soon after failed & became poor. In the month of February 1820 the said McCurdy attached in a suit upon the Note for said $200.00 all my property & also a part of my Brother's property. The only property that I owned at the time was one yoke of small oxen - 1 Cow - one old Horse & waggon & about one load of Hay worth in all not more than $100.00. This property was all removed from my possession and kept about ten days by the officer. My said Brother finding that my Brother had failed & could pay nothing - and that all I could do was to deliver up the aforesaid property agreed with me to take said

property & apply it as far as it would go in pay- ing said debt & that he would pay the balance himself. So this I consented & immediately gave up to my said Brother the whole of said property & he disposed of it as he could and settled with said Widow .
My Father in law Joshua Harvey gave to my wife Betsey Brockway the use of about sixty acres of land during her life and after her decease to her son Rodney Brockway. My wife died in February (A.D. 1810) and the property then descended to said Rodney and was soon after taken by one of his creditors a Mr. Benton of Eastonbury I hired it of him one year & was living upon it when my over  levies were attached as above mentioned I then left the place as I could neither improve it to advantage nor pay for the use of it. I removed from the place in April A.D. 1820 and since that time have been poor and entirely destitute of property excepting the few articles mentioned in my former dec- laration. And I do further testify that I say that I have neither owned nor pos- sessed since the 18 th day of March A.D. 1810 any other property than as above mentioned and that said property has been disposed of as above mentioned & that the only reason why I did not exhibit a schedule of my property under the act of A.D. 1820 was an entire misapprehension of the Law. I supposed that the valid soldier  pensioners must as a matter of course surrender their Revolutionary  Revolutionary Certificates and be restored to their valid pensions & under this impression without asking the opinion of any one I went to

Judge Warren and requested him to send on my Revolutionary Certificate & request my former Certificate - A short time after I had done it I discovered the mistake but as the papers had then gone on I thought it too late to apply for a con- tinuance on the Revolutionary Pension list As my Invalid Pension is very small I have been induced to apply for a restoration to the Revolutionary Pension list -
Benjamin Rockway
New London County ss
County Court November 17 th A D 1824
sworn in Court
Charles Lathrop Clerk
I certify that the foregoing oath, is truly copied from the record of the County Court for New London County aforesaid - In testimony whereof I have hereunto set my hand and affixed the seal of said Court on this 17 th day of November A D 1824.
Charles Lathrop Clerk

36 428
Rev INVALID.
File No. 36 428
Benjamin Brockway Rev Rev War
Act: 18 th March 18 th
Index:—Vol. 2 , Page 119
[Arrangement of 1870.]

Acts of July 14, 1862, and March 3, 1873.
1234
REJECTED
P. O. Benjamin Brockway
Service: See Admitted Soldier
File No 36.428
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18

4269
Connecticut Roll
Benjamin Brockway Con n Col o Ely Private
in the army of the United States during the Revolutionary War
Subscribed on the Roll of Connecticut at the rate of 8 Dollars per month, to commence on the 2 nd of April 1818
Certificate of Pension issued the 12 th of Oct r 1818 and sent to Jeremiah G. Brainard Esq r . New London Connecticut
  Arrears to 4th of  Sept  1818  40.80    Semi-ann. all ee ending  4 th Mar.  1819  48.00    Arrears 5 Mo  3/30   $88.80  
{ Revolutionary claim, } { Act 18th March, 1818. }
1234

Connecticut 618
Benjamin Brockaway Private.
late a Revolutionary pension under Law of 18 th of March, 1818, and formerly an Invalid which he relinquished in order to ob- tain the provisions of the said Law of the 18 th of March, 1818:—
Stricken from or discontinued on roll as Pensioner under said Law 18 th March, 1818, and rein- stated on same as an Invalid under Law of 1 st May 1820 at $4 per mo: Comrs. 4 th of March, 1820:—
Certificate issued 5 July 1820 & sent to care of Moses Warren Esq. Judge W.C. at Rivervale, New London Co. Connecticut.
Am d Com d ending 11 Sep r 1820 § 24. —

affidavits of John Brock and J. McCurdy libelizing the above statute. Claimant's father in law gave his wife the use of 60 acres of land during her life and after her decease to her son Rodney Brockway. Claimant's wife died in 1818, and the property descended to said Rodney and was soon after taken possession of by one of his creditors.
Claimant aged 73. in firm occupation of a house at Lyme, wife 67. - daughter 25. - and present wife's daugh- ter by former husband.
Henry W. Waite Esq. Lyme, Conn. Res. Dec. 27. 1821 Con. 18. Nov. 1824 Sept. 1824 See letter to E. Tracy March 30. 1831
March 1831
Connecticut.
Benjamin Brockway Pen- sion 1 year from 1775.
March 1827
This man without having ex- hibited a schedule of his property at his request in a letter dated 28 th June, 1820, was dropped from the Revolutionary and restored to the Invalid Roll; he now wishes to be again restored to the Revolu- tionary Roll. At the time of his request to be restored to the Invalid Roll he was not aware that he would have been continued on the Invalid Roll by exhibiting a sche- dule under the act of 1 st May 1821, whereby he was possessed of little or no property. His Invalid certifi- cate is forwarded, and filed within.
Schedule under act 1 st March 1823; dated June 9 th 1824, 1 small pig. $3.
Claimant states in an affidavit that himself and brother be- came surety in a note to Richard McCurdy for $300. in 1817, his son became embarrassed in his circumstances and failed. In 1820 McCurdy attached in a suit upon the note for $300. all claimant's property consisting of 1 yoke of small oxen 1 cow 1 old horse & 1 wagon and 1 load of hay, worth about $100.

March 1823 Coquit. Bryanne Broadway.
Rec. 22 June 1824.
E. Calhoun Secretary
Was here ten.
This man was dropped from the Rec d roll, and re- stored to Inv d roll, at his request, without exhibiting a schedule of property.
Agree born June 19 th
See letter to H. M. W. 1823 Jan
Pension Department
Rec d June 22. 1824

Syme June 18 A 1824
Sir Enclosed are the papers of Benjamin Broadway who wishes to be transferred from the Invalid Pension List to the Revolutionary Pension List.
Yours &c
Henry Rollins

Depositions of John Brokney & Richd. Wlurdo

I John Brakeway of Lyme in the County of Newfoundland, testify, and say that in the year 1817  of 1816 or Rodney Brakeway of Lyme aforesaid applied to me to become surety for him to Richard Mclure Esqr of said Lyme in the sum of three hundred dollars for money to be loaned to the said Rodney. At his particular request his father Benjamin Brakeway and myself signed a note to said Mclure for said sum and interest. The money was received by Rodney Brakeway and applied it to his own use. - In 1819 Rodney Brak- eway failed and went off out of the State. In February 1820 said Mclure sued the aforesaid note and attached all the property of said Benjamin Brakeway and also my property. - It then became necessary for me to see to the settlement of the note. - and in the fore part of March 1820 I agreed with my brother Benjamin Brak- eway that if he would give me up all his property I would try and settle the note myself. - He agreed to it and de- livered me up all his property con- sisting of one small yoke of oxen - one cow one old horse Swaggin and one load of hay

This property was estimated to me at one hundred dollars but was in fact not worth as much and did not produce so much to me. - I paid said Abner what money I could then raise and gave him my note for the balance with Benjamin Brookway as my surety. - Rodney Brookway paid the first years interest upon the aforesaid note and has never paid any thing more. - I have never received any thing from said Benjamin Brookway except the aforesaid articles - since he transferred the aforesaid articles to me as above mentioned he has been poor and entirely destitute of property - and is now poor. - John Brookway Lyne Oct 11 A 1824
State of Connecticut } ss Lyne county of New London } ss Personally appeared John Brookway signer of the foregoing affidavit and having been duly cautioned was sworn to the truth of the same on the 11 day of Oct A 1824 Before me Henry McWilliams Justice of Peace

I Richard Mundy of Lyme in the County of New-London testify (and say) that a number of years since I cannot precisely tell how many but should think in the year 1816 or 1817 - I lent to Rodney Brockway of said Lyme three hundred Dollars (and took a note signed by him and by his father Benjamin Brockway and his uncle John Brockway for that sum - In February 1820 finding that Rodney Brockway had failed and gone off I deemed it necessary to have the debt secured - I procured a writ of attachment and went with the officer to attach the property of Benjamin Brockway the father and also that of John Brockway - I directed the officer to attach all the property he could find of Benja- min Brockway as I considered it more equitable that he should be made liable in the first instance

and, with to save as far as I could the property of Deacon John Brockway. We attached all the property we could find of Benjamin Brockway consisting as nearly as I can recollect of one yoke of oxen - a cow - an old horse and waggon and about one load of hay - being all the property he had excepting some small articles by law exempted from attachment. - In about a week or ten days after the note was settled by Deacon John Brockway by paying a part and giving a new note with another undersigned for the balance - and as I understood at the time Benjamin Brockway gave up all the property that was attached. by brother John Brockway. I have been well acquainted with Benjamin Brockway many years and have no knowledge that he has possessed any property since he gave up his property as above mentioned. - He has ever been considered as an honest man and of late years a poor man. - He is the same

person that was formerly on the pension list as an invalid pensioner Lyme October 10th 1824.
Phil. W. Cury.
State of Connecticut County of New London ss Lyme Oct 11th 1824 Personally appeared Nathan Mundy signer of the foregoing affidavit and was duly cautioned and sworn to the truth of the same Before me Henry M. Waite Justice of Peace
New London County ss
I hereby certify that on the 11 th day of October A.D. 1824 Henry M. Waite of the town of Lyme, Esq., in whose hand writing are the signatures to the foregoing attestation, was a Justice of the Peace in the said County of New London, duly qualified, & acting under the authority of the State of Connecticut. In testimony whereof I have hereunto set my hand & affixed the seal of the County Court for said New London County this 18th day of November A.D. 1824
Charles Lathrop Clerk

I Thomas Anderson of age in the County of New London do hereby depose & say that I was well acquainted with Benjamin Brubaker of R. Lynn and was know- ing a his enlistment as a soldier in Captain Ely's Comp y of Col. Samuel D. Parsons Reg t in the Connecticut line on the Continental Establishment some time in the Month of Dec r 1775 that said Benjamin Brubaker served as a soldier in said Company until about the 27 th of August 1776 when at the Battle at Flat Bush on Long Island he was wounded with a Musket Ball in the foot he then went into the Hospital where he remained until the latter part of Dec r 1776 according to my best recollection when not being able to do duty in the Company he went home on furlough but was not discharged until the Discharge of the Regiment which was on or about the first of Jan y 1777 -
Thos Anderson
I Abraham Perkins of age in Windham County do hereby depose and say that I was a servant in Capt y Christopher Ely's Comp y in the year 1775 - I was acquainted with & knowing to Benjamin Brubaker's enlistment & serving as a soldier in said Company & of his being wounded & furloughed and do agree that the facts mentioned in the above deposition of Thomas Anderson are true.
Abraham Perkins
State of Connecticut ss. Windham County May 20 th 1818 Personally appeared Thos Anderson & Abraham Perkins (and made solemn oath that the foregoing affidavits) by them subscribed contains the truth & the whole truth according to their best belief and knowledge - Sworn before me
Calvin Selden Justice of the Peace This certifies that the foregoing Dependants Thomas Anderson & Abraham Perkins are persons of credibility and their full own interest may be placed in their testimony -
Calvin Selden Justice of the Peace

State of Connecticut ss
I do hereby certify that on the 20th day of May A D 1818 Calvin Selden of Lyme in New London County Esquire, was and ever since hath been a Justice of the Peace in & for the County of New London in said State of Connec- ticut; duly qualified and acting under the authority of said State, and that the signature to the attestations of the within affidavits is his signature - In testimony whereof I have hereunto set my hand & affixed the seal of the County Court in said New London County at New London this 26th day of September A D 1818
Charles Lathrop Clerk

Payable on the 4 th of March and 4 th of September in each year, at the Branch Bank of the United States, Middle- town, Connecticut
Mr. [unclear]
Mr. [unclear]
18 [unclear]
Mr. Pen
5

WAR DEPARTMENT.
Revolutionary Claim
I CERTIFY, That in conformity with the Law of the UNITED STATES, of the 18 th of March 1818—
Benjamin Brockway late a private in the Army of the Revolution
is inscribed on the Pension List, Roll of the Connecticut Agency, at the rate of Eight — dollars — cents per month, to commence on the second day of April one thousand eight hundred and eighteen
GIVEN at the WAR OFFICE of the UNITED STATES, this twelfth day of October one thousand eight hundred and eighteen
J. C. Calhoun Secretary of War

River head 28 th June 1820
Hon, S. C. Calhoun Secy of War.
Sir Inclosed is the Certificate of Benjamin Brockway for a pension as a revolutionary Soldier, he states that he had a certificate as a pensioner prior to the date of the inclosed on account of Wounds &c, received while in service, and that he wishes to be placed on the list of Pensioners as he was before the inclosed was issued, and that you will have the goodness to forward to me his certificate to that effect
Certain individuals confined by illness request of me to receive their affidavits of property agreeable to the act of the first of May 1820, otherwise they must fail of pension or be at expense of at least two judges traveling 25 Miles each to hold Court in their case, Therefore if it is decided that Probate Courts in this State may or may not hold Courts for such purpose it is desired I may be informed
Very respectfully Your Obedt. Servant
Moses Warren Judge of Probate St. London District
That the said Benjamin is entitled to a pension under the act of Jan. 18th March 6 1818 thereunder, according to the act of Jan. 18th March 6 1820