Revolutionary War Pension and Bounty Land Warrant Application File S. 36,978, Benjamin Clay, Mass.

SERVICE
Mass.
Clay, Benjamin
NUMBER
S. 36.978
CONTENTS

15.817 Maine R
Benjamin Clay
of York County in the state of Maine who was a private in the regiment commanded by Colonel Hutchinson of the Massachusetts line, for the term of 12 mos.
Inscribed on the roll of Maine
at the rate of 8 Dollars per month, to commence on the 9 of July 1818
Certificate of Pension issued the 23 of Nov. 1819 and forwarded to George Thacher Sawyer Me
Arrears to 4th of Sept 1819 $ 111.19
Semi-ann. all'ce ending 4 Mar '20 48. -
13 23 / 31  4 / 30 ann. $ 159.19
{ Revolutionary claim, Act 18th March, 1818. }
Discontinued
Application for a Pension 2 Oct 1860 Pension Maine
A copy of the opinion of the attorney sent to Col. Thacher with Genl. opinion sent again, May 24, 1872 - to B. May at Somerville Mass. W. Ma. Somerville, Mass. Me.

Warrants affixed this fifth ninth day of July 1818
George Thacher
From Col. Thacher to the Hon. Secy of War Dec: 9th July 1818
to the Hon. Secy of War
time to which application ref: below, now stated
The applicant will prove his service in Col Hutchinson's regt by the deposition of two disinterested witnesses of service, duly taken & authen- ticated.
Thomas Paine not on Genl. Establishment
The Official character of Harry Phelps & W. W. cannot be authenticated. I service proved before them
Adm. Miller Dec 9th July 1818

I Benjamin Ely of Limington in the county of York and Commonwealth of Massachusetts, aged sixty-five years do testify and say, that I belonged to the army of the United States in the revolutionary war -- That I enlisted in said service as a soldier, in the year 1775 in the town of Buxton for eight months, in a company commanded by Capt. John Lane from thence marched to Cambridge, and from thence to Cape Ann and there remained till the time of my enlistment was out; and in January 1776, I again enlisted in a company com- manded by Capt. Enoch Putnam, in a regiment commanded by Col. Hutchinson Naperville, Lin. and marched to a place called Winter Hill, where we were stationed a while and then moved to Cambridge, and thence to Boston, and from thence to Norwich, and from thence by Water to New York and then went up East river to Fort Washington, and thence to White Plains, and thence to Peekskill, where I was dismissed in January 1777 - having served the time of my enlistment, being one year. And in the month of June 1778, I again enlisted in a company commanded by Capt. Abraham Tyler, and passed muster in Stroudwater, and marched to Peekskill, thence to Westpoint, and served nine months being the time of my enlistment, and was again dismissed. This last service was in a regiment commanded by Col. Poor. — I further testify that I am in reduced cir- cumstances, and need assistance my support. I am a citizen of Me. adult by birth — had no discharge in writing.
Benjamin Ely

circumstances, and need assistance in my support. I am a citizen of Mass. adult by birth — I had no discharge in writing. Benjamin Clay
I Isaac York of Standish in the County of Cumberland, do depose testify and say that I am knowing that the above named Clay served nine months as above stated in Capt. Tyler's company as I belonged to the same company with him during the whole of that term.
Isaac York
York as July 8. 1818 — Then the above named Isaac York made solemn oath to the truth of the above deposition by him sub- scribed, — before me — Isaac Mitchell, Justice of the Peace
York July 6 th 1819. I Certify that Isaac York mentioned in the above deposition by him subscribed, is a Man of truth & veracity, and that he is a Man whose word can be depended on in any case, this is his general character, I am personally acquaint- ed him, and have been for twenty years past and he has lived a bout Four miles from me during that time — Henry Libby Just. Peace

Commonwealth of Massachusetts ss-
Be it known that on the ninth day of July 1818 before me the Subgovernor one of the Justices of the Supreme Judicial Court of the said Commonwealth, personally appeared the within named Benjamin Clay & being duly sworn made oath to the truth of the within declaration by him in my presence subscribed, 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, which declaration being signed & sworn to as aforesaid, I George Thacher One of the Justices do certify that it appears to my satisfaction that the said Benjamin Clay did serve in the Continental establishment in the Revolutionary War as stated in his said declaration against the Common enemy, & that he is in reduced circumstances & stands in need of the aid of assistance of his country for his support; and I now transmit the proceedings & testimony had before me to the Secretary of the Department of War pursuant to the directions in the act of Congress aforesaid -
In Testimony whereof I have hereto set my hand & have caused the Seal of the Court to be hereunto affixed this fifth ninth day of July 1818
George Thacher
Benj Clay, Present Col. Hutchinson to Rep. 1776 a 1777 Dec: 9 th July 1818

Daniel Smith { the County of York Clerk of the said Circuit Court for
the said Court on this twentieth day of July 1904, one thousand eight hundred and four. In presence of us: John D. H. [unclear] John D. H. [unclear] that the said Court on this day personally appeared John D. H. [unclear] known to me to be the person described in and who is the person whose name is subscribed to the foregoing oath, and who acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and the seal of the said Court at [unclear] this twentieth day of July 1904.
卷二
Benjamin Clay
Handwritten signatures and names, including "H. N. ...", "C. ...", and "J. ...", written vertically across the page.
W. H. Dallinger
W. B. Carpenter
10 20 30 40 50 60 70 80 90 100
exactly) preparing to use the emperors' art.
CONTENTS of the very many personal estate (necessary clipping and pasting)

STATE OF MAINE.
York ss....At a Circuit Court of Common Pleas for the first Eastern Circuit, begun and holden at York within and for the County of York , on the first Tuesday being the fourth day of July , and by adjournment at Alfred from day to day, on the eighteenth day of July , — in the year of our Lord one thousand eight hundred and twenty, before the Honorable Benjamin Greene, chief Justice — Judge of said Court.
ON this eighteenth day of July , in the year 1820, personally appeared in open Court, —
the same proceeding according to the course of the common law, having jurisdiction unlimited in amount, keeping a record of their proceedings, and having “the power of fine and imprisonment,” and being a Court of Record for said County , Benjamin Clary , — aged sixty seven years, resident in Limington 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. as a private — in the company commanded by Capt. Enoch Putnam in the Regiment commanded by Colonel Hutchinson in the line of the State of Massachusetts , on the Continental Establishment, as is more particularly mentioned and described in his original declaration, made on the ninth day of July A. D. 1818 o , and on which said declaration his Certificate of Pension, numbered 15.807 was granted. 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 hereunto annexed, and by me subscribed; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is herein particularly described, also subscribed by me.
Benjamin Clary
Sworn to and declared, on the 18 th } day of July , A. D. 1820. }
BEFORE Benj. a Greene, ch. Justice { One of the Judges of the said Court. Atty. Daniel Sewall, Clerk

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz:
50 acres land — 1 cow — 2 sheep — 1 hog — household furniture —
Benjamin Clay
SCHEDULE of the family residing with me Benjamin Clay who, by occupation am a farmer , — which I am not able to pursue by reason of rheumatism .
   NAMES. AGES. Capacity of each to contribute to their support.     Jane my wife 67 unable to support herself.   Lydia Clay 35 unable to support herself.   Molly Clay 29 unable to support herself.  
Benjamin Clay
STATE OF MAINE.
I, York ss. Daniel Sewall Clerk of the Circuit Court of Common Pleas for said Circuit, within the county of York do hereby certify, that the foregoing oath, and the schedules thereto an- nected, 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 seventy four dollars and  IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this twenty second day of July , A. D. one thousand eight hundred and twenty.
Daniel Sewall, { Clerk of the said Circuit Court for the County of York
374

B. Plant's adposition.
See first Schedule

I Benjamin Cley of Limington in the county of York & State of Maine of lawful age do hereby testify & say that on the 19 th day of December last past I sold and conveyed unto Benjamin Cley junior a certain piece of land which I then lived on, and which was the same land which I inventoried in my schedule contained in my application for pension before Circuit Court of Common Pleas for the county of York on the 18 th day of July last, which said I sold for the sum of three hundred & fifty dollars and which he paid me for in the following manner (viz) by cancelling one note he held against me dated July 7 1815 for 16 dollars on demand and interest  and one note dated May 13 1817 for 35 dollars and sixty cents & interest another note dated November 5 1817 for 90 dollars payable in 12 months with interest another note dated March 25 1819 for 75 dollars to be paid in neat stock and produce on demand & interest by discharging a note & account held by Arthur McArthur against me for $7.16 and by discharging an account he held against me for 52 dollars & giving me his note of hand dated the same day for 49 dls & 84 cents all of which notes & accounts were bona fide debts contracted by me for which a valuable consideration was paid me. & I the said Benjamin further deponeth testify and saith that I was under the absolute necessity of disposing of the aforesaid land to pay the debts aforesaid to save

the same from attachment and consequently from a great sacrifice on the real value and not for the purpose of so reducing the amount of my property as to bring myself within the meaning of the law of the United States granting pensions to revolutionary soldiers, that I am poor and indigent and would (if my circumstances continue as they were) be in want of dependent on public or private charity for subsistence, that I am the same Benjamin Clay to whom an original certificate was granted by the Secretary of War of the United States for a pension for revolutionary services dated 23 day of November A.D. 1818. Remembered 15.817.
Benjamin
State of Maine.
Clay
York Jan y 15 th D. 1821.
then the above named Benjamin Clay made oath to the truth of the foregoing Deposition by him subscribed.
Before me Homer Sibley Just Peace
[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]

Glasgow Oct r 1 st 1819.
I John Tucker of Glasgow County of Essex & Commonwealth of Massachusetts On Oath do testify & say that I was Ensign in Capt. Enoch Hutchinson's Company in the Regiment of Foot commanded by Israel Hutchinson Esq r in the year 1776 in the Revolutionary War in the Continental Establishment in the Massachusetts Line of the Army and that Benjamin Clay was a Private Soldier in said Company & Regiment during the whole of the year 1776 and I further testify that Benjamin Clay now present is the identical Benjamin Clay above mentioned
John Tucker
Subs. Oct r 2. 1819. Then personally appeared John Tucker Esq r . I made solemn oath to the truth of the above certificate by him subscribed. I also certify that the deponent is a credible & disinterested witness. Col. Henry Phelps Ins. Pacis

Commonwealth of Massachusetts Berkshire ss: Octr 2. 1819 I Ichabod Tucker Clerk of the Sup: Jud: Court of said State for said County do certify that Henry Phelps Esq: is a Justice of the Peace for said County, duly qualified to ad- minister Oaths: That his signature within written is genuine: That Waldo Esq: is a Justice of the Peace and Notary Public for said County: and that the Seal affixed is the Seal of said Court.
Ichabod Tucker, Clerk.

Additional Evidence
In support of the application of Benjamin Clay of Lorington in the County of York, for the benefit of the act of Congress of the 18th March A.D. 1818.
I Abraham Wheelwright of Newburyport, in the county of Essex and Commonwealth of Massachusetts, Merchant, on oath do testify and say, that I was a soldier in the war of the Revolution, and on the Continental establishment - and served about fourteen months, in the years 1776 and 1777 in Captain Enoch Putnam's Company, Colonel Hutchinson's Regiment Massachusetts line - I well remember that Benjamin Clay was a soldier in said Company in the year 1776 and served therein a full year - It is many years since I have seen the said Clay - but from circumstances which he has mentioned, in conversation which I have once had with him, and such particular of the service, added to the recollection which I have, satisfies me fully that the person who is now making application for the benefit of the act of Congress providing for certain persons who served in the Army of the Revolution is the same Benjamin Clay, who enlisted in said Putnam's Company and served a full year in 1776 - in said Company in the service of the United States - I have not the smallest doubt of the fact - The said Clay with myself and others were volunteers from said Putnam's Company for a part of that time, from about an week previous to the Retreat of the American Army from Long Island, until the end of the Campaign, which ended while we were at Trenton, as such a service in the Artillery. I have no interest whatever in said Clay's application.
Abra m Wheelwright
Commonwealth of Massachusetts.
Essex ss Vernon of Newburyport.
Be it remembered that on this first day of October, in the year of our Lord, one thousand eight hundred and nineteen, before me the subscribes Notary Public for the county of Essex, by legal authority admitted & sworn, personally came, Abraham Wheelwright above named, and made oath to the truth of the above written Affidavit by him subscribed. - and I further certify that the said Abraham Wheelwright, is a Merchant of respectability - a credible witness and believed by me to be disinterested.
In testimony whereof I have also hereunto set my hand, and affixed my Seal of Office the day and year last above written.
W m Wood Notary Public.

Blaine.
Benjamin Blay? Private
dated 18. July 1820.
1 st schedule - 50 Acres of Land - 1 Cow - 2 Sheep - 1 Hog - Household furniture. value $374.
{ His age 69 } Wife 67 - { infirm } nearly blind 2 Daughters aged 35 & 29.
Application for restoration made, & rejected in May 1821
2 nd Schedule dated Jan 1. 1821.
Real Estate - none - 1 Cow - 1 pig - 2 Sheep - furniture, & one note of hand - all valued at $82.
age 68 - Wife 68 - Daughters - 36 } & 30 } able to { consumptive } support themselves
Served 1 year. (177)
B. Blay Esq. Lewington
Then hope property was disposed of
Regulations sent April 1823.

War Department Pension Office, Sept. 28. 1823.
Sir,
The claim of Samuel Petty to a continuance on the pension list has been again examined. In the investigation of such claims, no debts

Your letter of the 14 th April to A m McArthur.
see letter to A m McArthur Esq re Symington - Maine 6 th Sept 1825.
Mar 20
Your letter 1 st April 1826. to A m McArthur Esq re .
Canal 1825

36978 INVALID.
Very
File No. 36978
Benjamin Clay Dr. Rev. Geo
Act: 18 th March 18 th
Index:—Vol. 2 , Page 75
[Arrangement of 1870.]

Maine
Benjamin Clay, prior served 1 y. 1796
1 st Sched. July 18. 1820.
50 acres of land - 1 Cow 2 Sheep - 1 Hog - Household furniture valued by the Court at - $374.00 No debts given
Sched. under act Mar. 28 to commence 19 th Dec. 1823. Personal property $29. -
accounts for the decrease of property by sale of Real Estate on the 19 Dec. 1820 to Benj t Clay Jr. for $350 & as a Consideration rec d . a note against one of $43.07 in favor of S t Clay a note for $106.83 $75.40 & paid a debt to A t Mearth $7.20; discharge - a free
in acct he had against for 9 months work at $8 pr mo deducting $4 for a pair of trousers etc; & gave his note to me for $49.84 which note he has since paid & it has been expended in my support."
an authenticated copy of deed within. -
His age 69 y s . a Farmer unable to labor by reason of debility occasioned by age - Wife 69 y s . totally blind. -
his letter to
Arthur H c Arthur Esq. April 26. 1824 Lining town
not satisfactory
M c -
2 nd
Mar. '20

I, Benjamin Clay of Limington in the county of York and State of Maine do hereby testify and say that I have not at any time nor had I at the time of making my last application to Secretary of War to be restored to the pension roll directly or indirectly sold or transferred any property real or personal for the purpose of being restored to the pension roll, that I have not any right or title to any property real or personal or in any securities excepting one cow of the value of ten dollars and about five dollars worth of household furniture, that the property specified in his schedule on which a judgment of Court was rendered July 18 1820 has been disposed of as follows the cow has been exchanged for the one I now own the two sheep were killed for my subsistence and the hog also. the fifty acres of land I sold on the nineteenth day of December 1820 to Benjamin Clay junior for 350 dollars and the consideration was paid as follows said Clay gave up a note he held against me dated May 13 1817 for 35 dollars and 50 cents payable in 6 months with interest which amounted with the interest to $43.09 c said Clay cancelled a note held against me dated November 5 th 1817 for $90 - in twelve months with interest amounting to $106.83 c A note against me dated March 25 1819 for $75 - payable in neat stock and produce on demand, a note against me dated July 7 1815 for $10 on demand without interest. said Clay cancelled a debt due from me to Arthur M c Arthur for $7.26 c discharged an account he had against me for seven months work at eight dollars per month after deduct -any

ing four dollars leaves $52 for what I paid him by a pair of trousers leaves $52. & gave me his note for $49.84 c all of which amounted to $350. that these debts were all, excepting the debt due to Arthur M c Arthur, contracted previous to the enactment of the law for the benefit of revolutionary soldiers March 18 1818 and my property was liable to attachment and would probably have been attached to pay these debts if I had not sold the land as aforesaid to pay them, that I am seventy one years of age and am unable to contribute but little to my support by my own labor my wife is seventy years of age and totally blind & unable to support herself - we are dependent upon private charity for our maintenance, 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 the above described cow and household furniture - Deposition (N.Y.)
State of Maine. York ss: January 17 th 1825. Then personally appeared Benjamin Colby and made oath to the truth of the above deposition by him subscribed before me Arthur M c Arthur Justice of the Peace.

York ss.
State of Maine
I Jeremiah Bratbury clerk of the Judicial Courts for said County of York do hereby certify that Arthur M c Arthur who certifies the annexed deposition of Benjamin Clay, is and for long time has been a justice of the Peace for said County duly qualified to administer oaths in such cases, that the signature is the proper hand writing of said M c Arthur and that full faith & credit are due to the acts of said M c Arthur as such justice of the peace
In witness whereof I hereunto set my name and affix the seal of said County the twenty second day of September A D. 1825
Jere. Bratbury clerk

I Benjamin Cley Junir of Simington in the county of York & State of Maine of lawful age depose testify & say that the consideration of the notes which were signed by Benjamin Cley and made payable to me as referred to in my affidavit of 24 th of February A.D. 1825 was as follows, to wit the consideration of the note dated July 7 1815 was for a debt I paid for said Benjamin Cley to James M c Arthur on the date of the note - said M c Arthur held a note against said Cley I cancelled it & took said Cley's note for the same - The consideration of the note dated May 13 1817 was to indemnify me for what I had to pay for said Cley in consequence of my being surety for him to Nathaniel M c Arth r for the cows which said Cley had leased of said M c Arth r to double in four years I became responsible to said M c Arth r as surety for said Cley and paid the debt myself. The considera- tion of the note dated November 5 1817 was for a barn I built for said Cley & found the materials therefor . The consid- eration of note dated March 25 1819 was given for a settlement I had with him for work which I had performed for two years years previous - I further more depose testify & say that said Benja- min Cley is now totally destitute of any property, is very infirm & has for four months past been sick & under the care

of a physician It is dependent on charity for support - Benjamin Clary Jr
State of Maine York ss: March 22 1826 Then personally appeared Benjamin Clary Junior I made solemn oath to the truth of the above deposition by him subscribed
Before me Arthur McArthur Justice of the Peace

Recd 5 Sept 1825
J. M c Arthur Esq r Maine
Free.
Hon. James Barbour, Secretary of War, Washington (city)
Library of Congress

Limington Aug t 26 th 1825.
Sir, Inclosed are four depositions & copy of deed as evidence in application of Benjamin Clay to be restored to pension roll. After the papers in application to Supreme Judicial Court of State of Maine (which are now probably on file in War Department) were transmitted to Secretary of War I received for answer the inclosed letter, which I considered not a final rejection of his claim, but that the decision would be suspended untill satisfactory evidence arrived. The inclosed depositions, I presume will, satisfactorily account for the decrease of his property - Please to direct any communications which you may please to make on this subject to me at Limington, Maine, who am attorney for said Clay in this behalf.
I am with respect
Your Obedient serv t
Hon. James Barbour Secretary of War.
J. McArthur

Letter from J. L. Edwards in behalf of Secretary of war to A. M. Arthur May 3 1824

War Department. Pension Office, April 26. 1826.
Sir, The claim of Benjamin Clay, who has made application to be restored to the pension list has been examined, and I have to inform you that the Secretary of War has directed me to state to him that his name cannot be restored to pension list as he has not satisfactorily accounted for the decrease of his property.
I am, respectfully, Yr: St. sect: J. L. Edwards
Arthur M c Arthur Esq., Livingston, Maine.

Ms. A. 9. 2. 20. 13
Hon. J. C. Calhoun Secretary of War Pennon office Washington City
Recd. 24 Dec. 1821
Stam 133

Simington Dec r 18 1823.
Sir,
Inclosed is the copy of a deed Benjamin Blay to Benjamin Blay Jun r authenticated agreeably to your letter of 20 th Nov r .
Your humble serv t
Hon. John C. Calhoun Secretary of War.
Arthur M c Arthur.

Isaac Mitchell of Limington in the County of York and State of Maine, of lawful age, depose, testify and say, That on the 19 th day of December last past, I, as a Justice of the Peace for said county, took the acknowledgment of a deed from Benjamin Clay to Benjamin Clay jun r , both of Limington; — Who were then both present, and had a settlement with each other. —
The deed was for the land on which the said Benjamin (senior) now lives, being about fifty acres. — The consideration was, I think, Three hundred dollars; and on the receipt of the deed, — He the said Benjamin jun r produced one note of hand, dated July 7 th 1815, for 16 Dollars on demand — one other note, dated May 13, 1817, for 35 Dollars and 60 cents, and interest — one other note dated March 25 th 1819, for 75 dollars, to be paid in neat stock and produce, on demand and interest — one other note, dated Nov r 5 th 1817, for 90 dollars, payable in 12 months with interest, all of which were against the said Benjamin senior. — The said Benjamin jun r then discharged demands which Arthur McArthur Esquire held against the said Benjamin senior, to the amount, I think of seven dollars and 16 cents. — For the balance of the consideration of said deed, the said Benjamin jun r gave the said Benjamin senior a note of hand for 49. 84. — And from every appearance I have not the least doubt that it was a real and necessary trade. — The notes had the appearance of being as ancient as their dates specified, and I have no reason to think that there was any fraudulent intentions in the business. — The said Benjamin senior is very indigent circumstances, and I think he had no other possible means of paying his debts. —
The aforesaid Benjamin, senior, is the same Benjamin Clay who has heretofore had a pension certificate for revolutionary services.
Mitchell
York J. On the 24 th day of April A. 1821. The aforesaid Isaac Mitchell personally appeared and made oath to the truth of the above testimony by him subscribed — before me Homer Libby Just. Peace

Copy. Deed. Benjamin Clay to Benjamin Clay, jun. Limington.
A certified & authentic copy filed previously.
For Arthur M c Arthur, esq. of Limington. Search. Copy. 2/6 - 0.072

Know all Men by these Presents, That
I Benjamin Clay of Limington in the county of York and state of Maine, yeoman, — In Consideration of three hundred and fifty dollars — — — — paid by Benjamin Clay, junior, of Limington in the county of York and state of Maine, yeoman, — the receipt whereof is — do hereby acknowledge, do hereby give, grant, sell and convey unto the said Benjamin, his heirs and assigns, forever, a certain parcel  tract of land, situate in Limington afore- said, and bounded as follows, to wit; on the east by land of George Meserve, on the south and west by land of Silvanus Bangs, & on the north by land of Joshua M c Kenney, being the westerly half of lot N o 10, on range E. of lands in said town, according to the plan thereof, reference thereto being had. . . . .
TO HAVE and to HOLD the afore-granted Premises to the said Benjamin Clay, jun r . this — — — Heirs and Assigns, to his and their — — — use and behoof, forever.
AND I — do covenant with the said Benjamin Clay, junior, & his — — — Heirs and assigns, That I am — — — lawfully seized 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 Benjamin Clay, jun r .
AND that I — will warrant and defend the same Premises to the said Benjamin Clay, junior, this — — — — — Heirs and Assigns forever, against the lawful Claims and Demands of all Persons.
IN WITNESS WHEREOF, I the said Benjamin Clay, — — — — — — — — — — —
— have hereunto set my Hand and Seal, this nineteenth — Day of December, — in the year of our Lord One thousand eight hundred and twenty.
Signed, sealed, and delivered in presence of us,
Arthur M c Arthur, } J. Mitchell. . . . .
Benjamin Clay
Yak, ss. December 19, — — — 1820. —————
THEN the above named Benjamin Clay — — — — — acknowledged the above instrument to be his — — — — — free act and deed—before me,
Isaac Mitchell, — Justice of the Peace.
Recorded according to the original, } Jeremiah Goodwin, Register. received April 26, 1820. Attest, }
Yak, ss. Decm r 18, 1820. A copy of Record Book 12. P. page 126. Attest Jeremiah Goodwin, Register.

Copy. Deed - Benjamin Clay to Benjamin Clay, Jr. of Linington.
For Arthur M c Arthur, esq. — Copy, 42s

KNOW ALL MEN BY THESE PRESENTS,
THAT I Benjamin Clay of Limington in the county of York & state of Maine, yeoman,
in consideration of _____ three hundred & fifty dollars paid by Benjamin Clay, junior, of Limington in the county of York & state of Maine, yeoman, the receipt whereof I do hereby acknowledge, do hereby give, grant, _____ , sell and convey unto the said Benjamin, _____ his heirs and assigns, forever, a certain parcel of land situated in Limington aforesaid, and bounded as follows, to wit; on the east by land of George Meserve, on the south and west by land of Silvanus Bangs, and on the north by land of Joshua M c Kenney; being the westerly half of lot N o 10, on range 12. of lands in said town according to the plan thereof, reference thereto being had.
TO HAVE AND TO HOLD , the aforegranted _____ premises, _____ to the said Benjamin Clay, junior, & his heirs and assigns, to his and their use and behoof, forever....And I do covenant with the said Benjamin Clay, junior, and his heirs and assigns, that I am lawfully seized in fee of the aforegranted premises; that they are free of all incumbrances; that I have good right to sell and convey the same to the said Benjamin Clay, junior, _____ . And that I will warrant and defend the same to the said Benjamin Clay, junior, and his heirs and assigns, forever, against the lawful claims and demands of all persons.
IN WITNESS WHEREOF, the said Benjamin Clay
have hereunto set my hand and seal, this nineteenth day of December , in the year of our Lord one thousand eight hundred and twenty.
Signed, Sealed and Delivered in presence of us,
Arthur M c Arthur, J. Mitchell.
Benjamin Clay 
York, ss. December 19 th 1820. _____
Then the above named Benjamin Clay acknowledged the above instrument to be his free act and deed. Before me,
Isaac Mitchell, Justice of the Peace.
Recorded according to the original, received April 26, 1823. Attest, Jeremiah Goodwin, Register.
This is a true copy of the original, recorded as aforesaid. Attest, Jeremiah Goodwin, Register of Deeds for the county of York.

State of Maine
York, ss. I Jeremiah Bradbury, clerk of the judicial courts for the county of York, do hereby certify the Jeremiah Goodwin within named is and for a long time has been Register of Deeds for said county of York , that the within are the true and proper signatures of the said Jeremiah Goodwin and that full faith and credit are due to the doings of the said Jeremiah Goodwin as such Register of Deeds. In witness whereof I have hereunto set my hand & affixed the seal of said court this thirteenth day of December in the year of our Lord one thousand eight hundred and twenty three.
Jere. Bradbury

I Benjamin Clary junior of Limerick in the county of York of lawful age depose testify and say I purchased a piece of land of Benjamin Clary of Limerick in the county of York & State of Maine on the nineteenth day of December 1820 for the consideration of $350 and paid him in the following manner (viz.) I gave him up a note I held against him dated July 7 1815 for $18 on demand which then amounted to without interest, a note dated November 5 1817 for $90 payable in 12 months with interest which amounted at the aforesaid time of the purchase to $106.83 c , a note dated May 13 1817 for $35.60 c total paid in 6 months with interest which amounted to $43.07, a note dated March 25 1819 for $75 total paid in neat stock or produce on demand, paid a debt to Arthur M c Arthur for $7.26 c , discharged an account I had against said Clary for $52, which was for work, and gave him my note for $49.84 c . All of said notes were given me for a valuable consideration. The first mentioned note was given me for a debt I paid for him in 1815 to James M c Arthur, the second mentioned note was given me for a barn I built for him. The three first mentioned notes were given before the pension law was enacted. I furthermore testify & say that the said Benjamin Clary is in indigent circumstances, that he has no property to my knowledge excepting a cow & some small articles of household furniture, that his wife is totally blind and unable to support herself by labour & that said Benjamin is not able to support himself by labour. Before the pension law of 1818 was enacted Benjamin Clary agreed that he would give me a deed of the aforesaid land if he could not pay me

in any other way and it was my position if he had refused to have given me a deed of the land in 1820 that have attached the said land; that said land was not conveyed in my opinion for the purpose of getting himself on the pension roll.
Benjamin Clary Jr
State of Maine - York ss: February 24 th 1825. Then personally appeared the abovenamed Benjamin Clary Junior and made solemn oath to the truth of the above deposition by him subscribed
Before me Arthur McArthur Justice of the Peace
State of Maine County of York ss - Jeremiah Bradbury Clerk of the Judicial Courts for the County of York hereby certify that Arthur McArthur who certifies the foregoing Deposition of Benjamin Clary Jr. is and at the date of said certificate was a Justice of the Peace for said County duly qualified to administer oaths in such cases and that full faith and credit are due to his acts as such Justice of the peace -
In witness whereof I hereunto set my name and affix the seal of said County The twentysecond day of September A.D. 1825
Jere. Bradbury Clerk

Benj. May Maine State March 1820
Recd Mar. 31. 1820
Rev. Mr. May Maine
Free
Rev. Mr. May (city)
Gen. James Barbour, Secretary of War, Washington

Simington March 22 d 1826
Sir, Inclosed are the affidavits in the case of Benjamin Cley petitioner for pension, with a certificate of official character & signature of magistrates before whom they were taken. In last deposition of March 22 d 1826 I did not procure said certificate as it was taken by myself & there is a previous certificate on a former deposition taken by me - In your letter of 6 th Sept. 1825 you was pleased to say "The consideration for which the notes referred to in the affidavit of Benjamin Cley junior were given should be fully & particularly stated by the persons to whom they were made payable." All of said notes were payable to Benjamin Cley junior & his affidavit of March 22 d 1826 explains the consideration - Please to direct any communication, which you may be pleased to make respecting this business to me at Simington Mains, who am his attorney for this purpose
I am, Sir, with much respect Hon. James Barbour,                      Your obedient serv. t Secretary of War
A. McArthur

I, Isaac Mitchell of Limington in the county of York of lawful age desire testify and say that that on the nineteenth day of December in the year of our Lord one thousand eight hundred and twenty I was present when a conveyance of lease and was made by Benjamin Clary to Benjamin Clary Junior - I subscribed the deed and took the acknowledgment of the same as a justice of the Peace - a consideration of three hundred and fifty dollars was given for the land - it was paid by certain notes given up by the said Benjamin Clary Junior and a discharge for certain accounts debts paid for him and a note for balance given for $49. 84 c.
The notes aforesaid given up were in my opinion bona fide debts - said Clary is a very poor man aged and infirm - he is unable to support himself by labour. At the time of making this conveyance he had not apparently but little or no property but this land. For a long time previous the said Benjamin Clary Junior had been living with said Clary and contributing to his support with a promise that he should be paid for such debts as the said Clary should contract with friends for

his support and disbursements by him made by conveying to him the land in payment - the said Benjamin Clay Jr. then informed me that he had contracted for said land and had greatly paid for it - I calculated what he had paid being the notes by him exhibited (which appeared to have been been fairly given and at different times by the writing and some of them before the pension law was enacted) and a claim for monies paid by him for the benefit of said Clay I found the balance due to be forty nine dollars and eighty four cents which he gave his note for. I further testify and say that the said Benjamin Clay bears a good character for truth and veracity that he is an honest faithful and industrious & temperate man; that he is now extremely poor and indigent; that he is totally unable to support himself by labor and has no other means of subsis- tence than by public or private charity;

That the wife of the said Cleary was aged infirm & blind; that from no circumstances attending the conveyance I found as aforesaid should I apprehend or dispute any fraud but it was I have no doubt a bona fide sale for the purpose of paying an honest debt & further saith not -
Isaac Mitchell
State of Maine York ss: May 10 1825 Then personally appeared Isaac Mitchell and made oath to the truth of the above deposition by him subscribed before me Arthur McArthur Justice of the Peace
State of Maine
County of York ss.
I Jeremiah Bradbury clerk of the Judicial courts for said county hereby certify that Arthur McArthur, who has certified the above deposition of Isaac Mitchell is and at the date of said certificate was a Justice of the Peace for said county duly qualified to administer oaths in such cases and that faith and credit are due to his acts as such justice of the peace
In witness whereof I hereunto set my name and affix the seal of said county the twenty second day of September A.D. 1825
Jere. Bradbury clerk

STATE OF MAINE.
York ss.... At a Circuit Court of Common Pleas for the First Eastern Circuit, begun and holden at Alfred within and for the County of York on the first Monday being the first day of said month and by adjournment from day to day, on the day of in the year of our Lord one thousand eight hundred and twenty, before the Honorable Benjamin Greene, Judah Dana, & William Kidney Judges of said Court.
ON this First day of January in the year 1820, personally appeared
the same proceeding according to the course of the common law, having jurisdiction unlimited in amount, keeping a record of their proceedings, and having "the power of fine and imprisonment," and being a Court of Record for said Circuit. Benjamin Clay aged Sixty eight years, resident in Limington in said Circuit, who being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary War as follows, viz. as a private in the company commanded by Capt. Enoch Putnam in the Regiment commanded by Colonel Hutchinson in the line of the State of Massachusetts on the Continental Establishment, as is more particularly mentioned and described in his original declaration made on the ninth day of July A. D. 1818, and on which said declaration his Certificate of Pension, numbered 15817 was granted. 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 hereunto annexed, and by me subscribed; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is herein particularly described, also subscribed by me.
Benjamin Clay
Sworn to and declared, on the day of first A. D. 1820.
BEFORE
Benj. Greene J. Dana
One of the Judges of the said Court
SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz:
Real Estate none
1 cow
1 pig
2 Sheep
Household furniture
1 note of hand against Benjamin Clay Junior for $49.84 on demand with interest.
Benjamin Clay

SCHEDULE of the family residing with me by occupation as a farmer reason of infirmity by age
Benjamin Clay who, which I am not able to pursue by
   NAMES. AGES. Capacity of each to contribute to their support.     Jane my wife 68 Unable to work from total blindness in one eye, & partial blindness in the other & infirmity by age.   Lydia Clay 36 Feeble constitution consumptive unable to do any work   Polly Clay 29 Able to support herself  
Benjamin Clay
STATE OF MAINE.
I, Jeremiah Bradbury Clerk of the Circuit Court of Common Pleas for said Circuit, within the county of York do hereby certify, that the foregoing oath, and the schedules 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 eighty four dollars and cents . IN TESTIMONY WHEREOF I have hereunto set my hand and affixed the seal of the said Court, on this seventh day of January A. D. one thousand eight hundred and twenty one
Jer. Bradbury
Clerk of the said Circuit Court for the County of York
Benjamin Clay's application for pension Total amount of property $84-
Benj. Greene  J. Dana
[Large decorative signature flourish]
con  J. L. E.

State of Maine.
County of York, ss.
ON this first day of May 1823 in open Court, being the Supreme Judicial Court held at York within and for the county of York on the last Tuesday of April A. D. 1823 Present the Hon. Prentiss Mellen Justice of said Court; said Court keep- ing a record of their proceedings, having jurisdiction unlimited in amount, proceeding according to the course of the common law, having the power to fine and imprison, and being a Court of Record in said county, personally appeared Benjamin Clay of Sirnington resident in said county, aged sixty nine 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 March 1818 and the 1st May 1820, that he the said Benjamin Clay enlisted for the term of one year on the first day of January in the year of our Lord 1776 in the State of Massachusetts in the company commanded by captain Enoch Putnam in the regiment command- ed by Colonel Hutchinson in the line of the State of Massachusetts on the Massachusetts Continental establishment ; that he continued to serve in said corps un- til January 1 1777 when he was discharged from the said ser- vice, in Pekskill in the State of New York that his name has been placed on the pension list, and dropt therefrom on account of his property.
AND in pursuance of the Act of the 1st May, 1820, 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.
Benjamin Clay.
In Court and at the time above mentioned, the above named Benjamin Clay made solemn oath to the declaration by him signed and the statements above stated.
Before me, Prentiss Mellen , Chief Justice of said Court.

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
One cow, two sheep, Household furniture worth five dollars
SCHEDULE of the family residing with me Benjamin Clay who, by occupation am a farmer which I am unable to pursue by reason of debility occasioned by age
   NAMES. AGES. Capacity of each to contribute to their support.     Jane Clay Sixty nine years She is not able to support herself by labour, being totally blind & rheumatich  
That since the exhibition of my first schedule the following changes have been made in my property.
   Names of the person to whom sold, or by whom now owned. Time of sale or transfer and for what purpose. Amount of money, or description of property received in return.     Benjamin Clay Jr. Dec. 19 1820, Sold the real estate mentioned in my first schedule to discharge my debts 350 $ I sold it to Benjamin Clay Jr. and as a consideration received the following viz. a note against me in favor of Benjamin Clay Jr. for $42.07 a debt to Arthur McArthur for note for seven months work at eight dollars per month, deducting four dollars for a pair of trowsers; and gave his note to me for $49.84 which note he has since paid and it has been expended in my support.  
Sworn to and declared on the first day of May 1823 before me
P. Mellen, Ch. Justice of said Court
I Jeremiah Bradbury Clerk of the Supreme Judicial Court do hereby certify that it appears, to the satisfaction of the Court, that the said Benjamin Clay did serve in the Revolutionary war as stated in the preceding declaration, against the common enemy, for the term of nine months under one engagement, on the continental establishment. I also certify that the foregoing oath and the schedules thereto annexed are truly copied from the records of 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 twenty nine dollars.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this fourth day of October 182 3
Jere. Bradbury CLERK of the Jud. Courts 6. of York