Revolutionary War Pension and Bounty Land Warrant Application File R. 6071, for Ephraim Lacy, Massachusetts
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Mass        Lacy, Ephraim            R6071
                           Mehitable
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[illegible] Massachusetts July 30, 1840 

Massachusetts  15257
Ephraim Lacy
of Essex in the State of Mass. who was a [illegible], in the company comm. by Captain Farnum of the Reg. comm. by col. Forge in the Massac. line for 8 months

Inscribed on the Roll of Massachusetts at the rate of 26 dollars 66 cents per Anum to commence on the 4th day of March, 1831
Certificate of pension issued the 4th day of June and sent N. Swift Andover Mass. 
Arrears to the 4th of March '33
[]emi amt allowance ending 4 Sept "
53.3_
13.3- [added]
66.6-
Revolutionary Claim Act June 7, 1832
Recorded by Wm. Miller Cle[]
Book E Vol. 2 Pag 50
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18433
Ephraim Lacy
Map
Admt as a private 8 mo $26.16

N. Swift
Andover
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Brief in the case of Ephraim Lacy 
1. Was the 
of Essex i the State of Mass
(Act 7th June, 1832)
1. Was the declaration made before a Court or a Judge? before a Justice
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes
[crossed out] 3. How old is he? 
4. State his service, as directed in the form annexed  
[chart]
Period: 14 April in 1775
Duration of Service:
8 months
Rank: As a Private
Names of General and Field Officers under who he served:
Cap Farnnum Col. Forge
5. In what battles was he engaged? Battle of Bunker Hill
6. Where did he reside when he entered the service? Andover Mass
7 Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?: Traditionary, the living witness
8. Are the papers defective as to form or authentication? and if so, in what respect?
the papers are not attached agreeably to the regulation
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk
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Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of Massachusetts: County of Essex, ss.
On this thirteenth day of October A.D. 1832, personally appeared before me [illegible] one of the Justices of the Court of [illegible] within [illegible] County of Essex, 
Ephraim Lacy, a resident of Andover, in the county of Essex and State of Massachusetts, aged 81 years, who being first duly sworn according to law doth, on his oath, make the following declaration in order to obtain the benefit of the Act of congress passed June 7, 1832. 
That he entered the service of the United States under the following named officers, and served as herein stated: on the 19th day of April AD 175, he marched to Lexington, & then to Cambridge, and then immediately enlisted as a private in Capt Farnnum Company  in Col. Forges regiment the Mass line for the term of eight months, on the 17th of June following he was in the Battle of Bunker Hill then returned to Cambridge, and served out the said term, and was discharged at Cambridge.
 He was born in Andover Mass 1750, there is a record of his age in the office of the Clerk of said town.  He was living at said Andover when he enlisted the service and has lived there ever since.
He was a volunteer.
He had no written discharge-
He is known to David Bailey Loring and Gayton P. Osgood Esqr
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He hereby relinquishes every claim whatever to pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State.
Sworn to and subscribed the day and rear aforesaid.
Ephraim Lacy
David Cummins Judge 
We, Bailey Loring a clergyman, residing in Andover aforesaid, and Gayton P. Osgood Esquire, a magistrate, residing in Andover aforesaid, do hereby certify that we are well acquainted with Ephraim Lacy who has subscribed and sworn to the above declaration' that we believe him to be 81 years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion. 
Bailey Loring
Gayton P. Osgood
Subscribed and sworn to before D. Cummins for C.C.P
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Benjamin Farnum of Andover in the County of Essex and Commonwealth of Masstts. in the 86th year of my age, Depose & say That Ephraim lacy of Andover aforesaid Volunteered as a minute man in the Winter of 1774 & 1775 and met during the winter and spring with them of my company every week for military duty and on the 19th day of April 1775 he marched for Concord in the company under my command on account of the alarm at that place, but not being wanted there we marched to Cambridge. He then enlisted in my Company in Col. Fryes Regiment
militia for the term of eight months in the Masstts. line. He was a good and faithful soldier and fought bravely in the battle of Bunker Hill. He then returned to Cambridge with my company and faithfully served his time out & was discharged in the month of Dec. following,
Benjamin Farnum

Essex Ss. Augst. 6th, 1832 Then the above named Benjm. Farnum made oath to the truth of the above deposition by him subscribed.
Before me N. Swift, Just. Peace
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(3)
And the said Justice (Court crossed out) hereby declares his (its crossed out) opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the (Court crossed out) said Justice further certifies that Bailey Loring who has signed the preceding Certificate, is a Clergyman resident in Andover and that the said Gayton P. Osgood who has also signed the same is a Magistrate resident at Andover and is a credible person and that their statement is entitled to credit. And the said Justice further certifies that the above named applicant cannot by reason of bodily infirmity appear in open court for the purpose of making (illegible) Declaration.
David Cummins (illegible)

I ^John Prince Junior Clerk(Registrar X'd out) of the Court of (Probate X'd out) Common Pleas for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Ephraim Lacy for a pension, that said David Cummins is a Justice of said Court & that his signature above is genuine-that N. Swift & Gayton P Osgood are Justices of the Peace in said County & that I believe their signatures above are genuine.
In testimony whereof I have hereunto set my hand and seal of office this seventh day of November A.D. 1832
John Prince Jr Clerk
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Commonwealth of Massachusetts.         (6)
Secretary's Office, May 27th 1840

I hereby Certify, That Nathaniel Swift is now and has been for the month last past a Justice of the Peace for the County of Essex.

in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.

In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John P. Bigelow
Secretary of the Commonwealth
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(7)
In the year of our Lord one thousand seven hundred and eighty three August twenty eighth Ephraim Lace and Mehitable Kimball of Andover were married by William Synnes Pastor of the first Church in Andover.

I Samuel Johnson Jr certify that the above which is a true copy of the Records of said town of Andover with the exception of the date which is expresses on the Record in their legible letter and figures as follows
"A.D. 1783 Augst 28"

I Samuel Johnson Jr above named depose and say that I hold the office of Clerk of the town of Andover in the County of Essex and Commonwealth of Massachusetts and have the Custody of the Records of said town and that the above is a true (illegible) the Records of said town of Andover with the exception above named as certified by me.
Samuel Johnson Jr.

Essex Ss May 11th 1840
Sworn & subscribed before me
Nathl. Swift
Just. Peace
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The undersigned residents of Andover in the County of Essex & Commonwealth of Massachusetts were acquainted with Ephraim Lacy deceased and who died on the fourteenth day of October AD 1839 and also with his widow Mehitable Lacy the applicant for a pension--and that they know that she was the wife of said Ephraim and that she is now his widow and that she has not been married since the decease of said Ephraim Lacy and they have no doubt of the truth of the statements set forth in her affidavit hereto annexed.
Joseph W Kittridge
William Stevens

Essex Ss. May 25th 1840 Personally appeared the above named Joseph Kittridge & William Stevens credible & disinterested witnesses and made oath to the truth of the statement by them.
Before me Nathl. Swift
Just. Peace
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NoV7245

Mehitable Lacy
widow of Ephraim
Act of July 1838
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Declaration                  (8)
In order to obtain the benefit of the Act of Congress of the 7th July 1838 entitled "An act granting half pay and pensions to certain widows.
State of Massachusetts Ss
On this twenty first day of July AD 1849 personally appeared before the Hon. Daniel A. White Judge off Probate for the County of Essex in said commonwealth Mehitable lacy a resident of Andover in the County of Essex and Commonwealth of Massachusetts aged eighty eight years, who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7th 1878 entitled "An act granting half pay & pensions to certain widows, That she is the widow of Ephraim Lacy who was a private in the Army of the revolution and a pensioner at the time of his decease (His certificate was dated the sixth day of June AD 1833. number 15-257) That the said Ephraim Lacy was attached to the army eight months from the 19th day of April AD 1775 and was in Capt. Farnum's Company in Col. Fryes regiment and was in the battle of Bunker Hill. She further declares that she was married to the said Ephraim Lacy on the twenty eighth day of August AD 1783, that her husband the aforesaid Ephraim lacy died on the fourteenth day of Oct AD 1839. That she was not married to him prior to his leaving the service but the marriage took place previous to the first day of January AD 1794 viz. at the time above stated. 
Mehitable Lacy
Sworn to and subscribed on the day & year above written. 
Before me D. A White Judge of Probate
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the within named Mehitable Lacy being unable by reason of bodily infirmity to attend Court. 
D. A. White Judge Prob.

Commonwealth of Massachusetts
County of Essex ss, Probate office

I Nathaniel Lord junior, register of probate for said county, hereby certify, that the honorable Daniel A. White, before whom the foregoing declaration of Mehitable Lacy purports to have been taken, is the judge of probate for said county; and that his name, subscribed to the certificate thereon, is his genuine signature.
Given under my hand and seal of office this twenty first day of July A.D. 1840.
Nath. Lord jr
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(Acts of July 14, 1862, and March 3, 1873 
 crossed out )

stamped REJECTED 

6071
Mehitable Lacy
Service: widow of Ephraim
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Mass. V 7245
Mehitable Lacy
wid. of Ephraim
Mass.
se let.to ct. Swift
July 30 1840

6071
Act 7th July 1838
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James L. Edwards Esquire
Commissioner of Pensions
Washington D. C.

(sideways notations)
No. 7245  July 27 184?
Mass
July 7 1832
Mehitable Lacy
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Andover Ms         (9)
July 27th 1840

Dear Sir
Enclosed is the Declaration of Mehitable Lacy taken in order to obtain a pension when allow.
Please return to me at this place.
Respectfully yours,
N. Swift

Jas L. Edwards Esquire
Commissioner of Pensions

d14 on 37
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18733
Ephraim Lacy
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Ephraim Lacy which require further proof or explanation.

I.  Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides?  Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV. Has the declarant mentioned the period or periods of the war when he served?  Yes
V.  *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?  Yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?  Yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion?  Yes, the Magistrate has
IX. Has the Clerk given his certificate?  Yes
X.  Is the Clerk's seal affixed? And if so has it a device or inscription by which it can be distinguished from any other seal?  Yes
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XI. Has the applicant obtained the evidence of a clergyman and other respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  Yes
XII. If the Clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least living witness, has he stated in his declaration that such proof cannot be had?
XIV.**If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath certified to the credibility of the witness or witnesses?  Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?  Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?  Yes
XVI. Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? and, if not, which of them is not so answered?
EXPLANATORY NOTES.
QUERE V.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, ad the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less that the periods mentioned below, and in the following grades; For.......year...........months, and ..........days, I served as a ................For ..........months and ..........days, I served as a ................and for such service I claim a pension.
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   It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI, Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is no written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
(>>>) In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.