Revolutionary War Pension and Bounty Land Warrant Application File S. 29523, James Ware, Mass.

SERVICE
NUMBER
Mass.
Ware, James
S. 29523
CONTENTS

75 Mother
10.899
Massachusetts
James Ware
of Middlesex in the State of Mass who was a Enate in the Company commanded by Captain Brooks of the Regt. commanded by Col. Lynde in the Mass line for 2 Years
Inscribed on the Roll of Massachusetts at the rate of - 80 - Dollars — Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 4th day of May 1833 and Nat. Matthew Metcalf for pension Mass
Arrears to the 14th of March 1833 $160.00 Semi-ant. allowance ending Sept. 1833 40.00 $200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. M. Atwater Clerk, Book 6 Vol 3a Page 91

9617
James Ware Map
14-16 ob
Mail 28/833
P 315
Hon J L Davis Worcester Map

BRIEF in the case of James Ware County of Middlesex in the State of Massachusetts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? In open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Substitute In 1775 Sep 3 Private Gen. Capt Mellen   enlisted 1st Sept 1776 3 " " Col Dyke. Capt Brooks   Dec 1776 3 " " Col Haskell Capt Baldwin   June 1777 5 " " Capt Wade   Jany 1778 3 " " Capt Burbank Col Sprout   July 1778 3 " " Capt Perry Col Howe  
 5. In what battles was he engaged? Rhode Island  6. Where did he reside when he entered the service? Hopkinton Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? living witnesses & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? NO. The papers are informally affixed 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Ingraham Watson 22nd Feb 1833 Examining Clerk.  # enlisted Sept 1779 - 3 months - private Col Burbank Capt Belcher July 1780 - 3 " - " " Col Howe. Capt Mcfarland was drafted 1780 - 1 " - " " Capt Sanger

Commonwealth of Massachusetts. Middlesex ss.
On this thirtieth — day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honorable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting James Ware a resident of Hopkinton in the County of Middlesex and Commonwealth of Massachusetts, aged seventy three 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 7th, A. D. 1832. — That he entered the service of the United States under the following named officers, and served as herein stated: That some time in September 1775 he joined a Company commanded by Capt. James Mellen as a substitute for a man by the name of Jenkins and served as a private for him in said Company two months and he the said returned to the Company again and that he then immediately took the place of William Tombs as a substitute for him and remained in the same Company doing duty as a substitute for the said William Tombs one month and then the said Tombs returned to the Company again and he left it in December about three weeks before the men's times were out which had enlisted for eight months, and that he always answered to the name of the man he was a substitute for and was never called by his own name when the roll was called, that the Company was stationed when he was in it, the fore part of the time in Cambridge near Boston and the latter part of the time at Col. Clapp's house in Dorchester another town near Boston. — And that he enlisted under John Hayden of Hopkinton who was an Ensign on the first of September 1776 for three months and went immediately to Roxbury near Boston and joined a Company commanded by Capt. Caleb Brooks in Col. Dyer's Regiment and served as a private in said Company until the first of December when the term of his enlistment expired and he was dismissed, and that the Company in which he served was stationed the fore part of the time in Roxbury and the latter part of the time in Boston but the main part of the Regiment was stationed on Dorchester Heights. — And that in the fore part of December 1776, he enlisted into a Company commanded by Capt. Baldwin of Northbridge in Col. Haskell's Regiment for three months and joined said Company at Dorchester and remained in said Company doing duty as a private until the fore part of March 1777 when the term of his enlistment expired and he was dismissed, and that he was stationed on Dorchester Heights the whole of the time. — And that in June 1777 he enlisted at Providence for six months into a Company commanded by Capt. Wade and that he cannot recollect the name of the Colonel, and he stayed in Providence a few days with the Company and then marched to Little Compton and then to a place called the four corners and then to where they told him King Philip was killed and that he remained with the Company in the Nausaganset Country five months from the time he joined the Company and that he then hired a man by the name of George Capurin a native of the State of Rhode Island to take his place as a substitute

- - - - - and he returned home to Hopkinton and that the whole of the troops that were with him this time was less than a Regiment. - And that on the first of January 1778 Capt. Samuel Burbank of Holliston came to Hopkinton to enlist men for the United States service and he enlisted for three months and went immediately to Providence and there joined the company commanded by the said Capt. Burbank and stayed in Providence a few days with the company and then marched to East Greenwich and stayed there a few days, and then to quidnisset point in North Kingston and stayed there until the first of April when the term of his enlistment expired and he was dismissed and returned home to Hopkinton, and that Capt. Burbank's Company belonged to Col. Sprouts Regiment. - And that in the fore part of July 1778 he enlisted at Hopkinton and joined a Company at Bristol in the State of Rhode Island commanded by Capt. Amos Perry of Sherburn in Col. Howes Regiment for three months, and that he crossed the ferry with said Company on Rhode Island and remained there till after the battle, and at the Battle they retreated and went off of the Island over Howland's Ferry on a bridge made of boats to Tiverton, and that he stayed with the Company in Tiverton one day, and then marched through Providence to Warick's Point, and that he remained there doing duty as a private in said Company until the fore part of September when the term of his enlistment expired and he was dismissed and returned home to Hopkinton. - And that in 1779 the fore part of September as near as he can recollect, orders came to Hopkinton to send some men to work on the castle Island, near Boston building a Fort, and he enlisted as one of the men for three months and went on to the Island and joined a Company commanded by Capt. Belcher of Braintree, and that Col. Burbank was the chief Engineer and had the command of the works, and that he remained on the Island in Capt. Belcher's Company until some time in December when the term of his enlistment expired and he was dismissed and returned home to Hopkinton, and that Col. Jackson's Regiment came on to the Island from Penobscot and stayed about three weeks while he was there and then they left the Island which is all the troops he recollects on the Island except the troops which were regularly left there and those which were called there to work on the Fort. - And that in the latter part of July 1780 he enlisted in Hopkinton into a Company commanded by Capt. Waller M c Farland of Hopkinton in Col. Howes Regiment and that he joined the Company in Hopkinton and marched to Tiverton in the State of Rhode Island and stayed there a few days and then passed over Howland's Ferry on to Rhode Island and stayed there about three weeks and then crossed Bristol Ferry and marched up to Providence and stayed there until the last of October when the term of his enlistment expired and he was dismissed and returned home to Hopkinton. - And that some time in the latter part of the war he thinks in 1780 but is not certain as to the time when he was drafted to go to Rhode Island in a Company commanded by Capt. Sanger of Sherburn and that he joined the Company at Medway and marched to Rhode Island in said Company and remained in the same one month stationed on the Island and was then

dismissed and returned home to Hopkinton. - And that he has no documentary evidence, and that he never received any written discharge from the army but was dismissed verbally when his times were out, and that he knows of no persons, whose testimony he can procure, who can testify to his service except Joseph Freeland, Ezekiah Rockwood, Ebenezer M c Farland Abel Smith, and Nathaniel Loring whose affidavits are herunto annexed. And that he was born in Hop- kinton on the twentieth day of July 1759. And that he cannot find any record of his age. And that he lived in Hopkinton when he was called into service and that he has lived in Hopkinton ever since. And that he is known in his present neigh- borhood to Samuel Goddard, Col. Joseph Valentine and Samuel D. Davenport who can testify as to his character for veracity, and their belief of his services as a sol- dier of the Revolution. -
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of any state
James Ware
We, Nathanael Howe, a clergyman residing in the Town of Hopkinton and Matthew Metcalf residing in said Hopkinton hereby certify, that we are well acquainted with James Ware who has subscribed and sworn to the above declaration; - that we believe him to be seventy three 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. -
Nathanael Howe Matthew Metcalf
Sworn and subscribed the day and year aforesaid.
J. P. P. Fay Prob
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary Soldier, and served as he states. - And the Court further certify, that it appears to them that Nathanael Howe who has signed the preceding certificate, is a Clergyman resident in Hopkinton and that Matthew Metcalf who has also signed the same, is a resident in said Hopkinton, and is a credible person; and that their statement is entitled to credit. -
J. P. P. Fay Prob
re monu by the

Isaac Luke I Register of the Court of Probate aforesaid, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of James Ware for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this Thirtieth day of August in the year of our Lord one thousand eight hundred and thirty-two.
came on to the Island while he was
to him

17 James Ware

✓ I Nathaniel Loring of Hopkinton in the county of Middlesex and Commonwealth of Massachusetts, Gentleman, aged eighty one years, testify, and say that I served in the war of the Revolution, in a Company commanded by Capt. Amos Berry of Sherburn in Col. Hawes' Regiment two months being the months of July and August in the year 1778 as near as I can recollect, and James Ware of Hopkinton aforesaid, who is now living, served as a private in said Company during the said two months we were stationed on Rhode Island till after the battle and then we were stationed a little distance from Providence.
Nath l Loring
Commonwealth of Massachusetts. County of Middlesex ss. August 27th A. D. 1832. Then the above-named Nathaniel Loring personally appeared before me the subscriber a justice of the Peace in and for the county of Middlesex aforesaid, and made solemn oath, that the above affidavit by him subscribed is true according to the best of his knowledge and belief.
Matthew Metcalf Justice of the Peace.
Commonwealth of Massachusetts Middlesex ss. I Isaac Dike Register of the Court of Probate in and for the County of Middlesex hereby certify that Matthew Metcalf whose own proper signature is set to the above affidavit, & also to the certificates on the Depositions of Abel Smith, Ebenezer D. Farland & Hephzibah D. Davenport, & that Samuel D. Davenport whose own proper signature is set to the Certificate on the deposition of Joseph Ireland, which Depositions are herewith annexed, are Justices of the Peace within said County.
In testimony whereof I have hereunto set my hand & seal of Office this nineteenth day of August A D 1832.
April 15th A. D. 1833. I hereby certify that the above-named Nathaniel Loring is a credible witness; and that his statements is entitled to credit. Matthew Metcalf Justice of the Peace.
Nath l

I, Abel Smith of Hopkinton in the county of Middlesex and Commonwealth of Massachusetts Yeoman, aged seventy nine years, testify and say that I served in Capt s Caleb Brook's Company of Militia in Col. Dyer's Regiment and Gen. Ward's Brigade, in the war of the Revolution, three months from the first of September A. D. 1776 to the first of December following; and that James Ware of Hopkinton aforesaid, who is now living, served as a private in said Company during the whole of the three months that I belonged to said Company and that I left him there when I left the Company. - We were stationed about half the time in Roxbury near Boston and the remainder of the time in Boston. -
Abel Smith
Commonwealth of Massachusetts. County of Middlesex ss. August 27 th A. D. 1832. Then the above named Abel Smith personally appeared before me the subscriber a justice of the Peace in and for the county of Middlesex aforesaid, and made solemn oath that the above affidavit by him subscribed is true.
Matthew Metcalf Justice of the Peace.
April 15 th . A. D. 1833. I hereby certify that the above-named Abel Smith is a credible witness; and that his statement is entitled to credit. -
Matthew Metcalf Justice of the Peace.

I Ebenezer M c Farland of Milford in the county of Worcester and Commonwealth of Massachusetts. Gentleman. aged eighty one years, testify and say, that I served as a Sargeant three months in the Revolutionary war in a company of militia commanded by Capt e Walter M c Farland of Hopkinton, in Col. Howe's Regiment, and that James Ware of Hopkinton in the county of Middlesex and Commonwealth of Massachusetts, who is now living, served as a private in said Company during the whole of said three months, it being from the latter part of July to the latter part of October A. D. 1780. And we were stationed about three weeks on Rhode Island and the remainder of the time at Providence. -
Ebenezer M c Farland
Commonwealth of Massachusetts. County of Middlesex ss. August 24th. A. D. 1832. Then the above-named Ebenezer M c Farland personally appeared before me the subscriber a justice of the Peace in and for the county of Middlesex, aforesaid, and made solemn oath that the above affidavit by him subscribed is true. -
Matthew Metcalf Justice of the Peace
April 15th. A. D. 1833. I hereby certify that the above-named Ebenezer M c Farland is a credible witness; and that his statement is entitled to credit. -
Matthew Metcalf Justice of the Peace

I, Ex Hexekiah Rockwood of Upton in the county of Worcester and Commonwealth of Massachusetts. Yeoman testify and say that I am seventy one years of age and that I served as a private in the Revolutionary war in a company of militia commanded by Capt e Baldwin of Northbridge in Col. Haskell's Regiment, three months from the fore part of December A. D. 1776 to the fore part of March A. D. 1777, and that James Ware of Hopkinton in the county of Middlesex and Commonwealth of Massachusetts, who is now living served as a private in said company during the whole of said term of three months, and that we were stationed on Dorchester Heights near Boston the whole of said time.
And I do further testify and say that I served as a private in said war in a company of Militia commanded by Capt e Burbank of Holliston in Col. Sproul's Regiment three months from the first of January to the first of April A. D. 1778 and that the said James Ware served as a private in said company during the whole term of three months. And that we were stationed at North Kingston in the State of Rhode Island.
And I do further testify and say that I served as a private in said war in a company of Militia, commanded by Capt e Walter Mc Farland of Hopkinton in Col. Howe's Regiment three months from the latter part of July to the latter part of October A. D. 1780, and that the said James Ware served as a private in said company during the whole term of three months. And that we were stationed about three weeks on Rhode Island and the remainder of the time in Providence.
Hex k Rockwood
Commonwealth of Massachusetts. County of Middlesex. ss. August 24th. A. D. 1832. Then the above-named Hexekiah Rockwood personally appeared before the subscriber a justice of the Peace in and for the county of Middlesex aforesaid, and made solemn oath, that the above affidavit by him subscribed is true.
Matthew Metcalf Justice of the Peace April 15th. A. D. 1833. I hereby certify that the above-named Hexekiah Rockwood is a credible witness; and that his statement is entitled to credit.
Matthew Metcalf Justice of the Peace.

I Joseph Freeland of Hopkinton in the County of Middlesex & State of Massachusetts, Yeoman do testify that James Loring of Hopkinton County & State above mentioned served in the United States Militia three months with me in Cambridge & Dorchester in the year One Thousand Seven hundred & seventy five in Capt Mellen Company Col Ward's Regiment Joseph Freeland
Middlesex ss. Hopkinton Aug t 24 th 1832 Then the above named Jos Freeland personally appeared & made oath to the above facts. Before me Sam d B. Davenport Just. Peace
Apr l 15 th A. D. 1833 I hereby certify that the above named Joseph Freeland is a credible witness; and that his statement is entitled to credit Sam d B. Davenport Justice of the Peace.

29 528 Levy INVALID.
File No. 29,528
James M c ... Rev. Mr...
Act: June 1 st 32 nd
Index:—Vol. 9, Page 237
[Arrangement of 1870.]

96 17 James Ware
Private Dyars
Please to direct the Papers to Matthew Milcalf Esq. Hopkinton Mass.
instead of Mr J Davis Mercer Mass.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Ware 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 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

XI. Has the applicant obtained the evidence of a clergyman and another 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 one 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? yes
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? NO
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? NO
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And if not, which of them is not so answered? yes
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, and 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 than 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.

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 shewn 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 not 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.