Revolutionary War Pension and Bounty Land Warrant Application File S. 30778, Jabez Weston, Mass.

SERVICE
Mass.
Weston, Jabez
NUMBER
S. 30778
CONTENTS

10.367
Massachusetts
Dabey Weston
of Weymouth in the State of Mass who was a Private in the Company commanded by Captain Porter of the Regt commanded by Wt Sergeant in the Mass line for 7 months
Rev. & Cont.
Inscribed on the Roll of Massachusetts at the rate of 23- Dollars 33 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 5 day of April 1833 and sent to Thomas D. Weston
Arrears to the 4th of March '33 $46.66 Semi-ant. allowance ending 4 Sept 11 11.67 $58.33
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. H. Hudson Clerk, Book E Vol. 2a Page 90

Dear John Weston Plympton Norfolkshire
No 6566.
Whereas there is a certain matter or cause depending in the Court of the King's Bench, in the year of our Lord one thousand eight hundred and sixty, in the matter of the application of [blank] for a prohibition, and whereas the said [blank] has certified that the foregoing contains the original proceedings of the said Court of the King's Bench.
person, and that their statement is entitled to credit. also signed the same, as a resident in the town of [blank] and that [blank] who has also signed the foregoing certificate, is a clergyman, resident in the town of [blank] and is a credible person.

REVOLUTIONARY PENSIONERS.
Commonwealth of Massachusetts.
COUNTY OF PLYMOUTH, ss.
ON this thirteenth day of August 1832, personally appeared in open Court, before the Court of Common Pleas - now sitting at Plymouth within and for said County of Plymouth, James Weston a resident of Plymouth - in said County of Plymouth, and Common- wealth of Massachusetts, aged Twenty 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 7, 1832. He hereby relinquish- es every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State. That is to say, that he entered the service of the United States under the following named officers, and served as herein stated.
That I Enlisted in Company Commanded by Capt. Peter Green That Lieutenant Brigham Fisher in Col. Sargent's Regiment in Genl. Putnam's Brigade Stationed in Cambridge (6 Months) From July 1 st 1775 to January 1776 I joined said Putnam's Company about two weeks after the Battle on Bunker Hill no person that I know of living which was in said Company.
Sum time in Fall of 1766 I Entered and went to Bristol in the State of Rhode Island in Capt. Wompson's Company and lived one Month Stationed at Bristol in the State of Rhode Island at the time the English took Possession of the Island the Militia was called out until they could (1 Month) raise Troops to Defend the place Shadrock's Expedition of Plymouth which is the only expedition  Putnam's living that was at said Station that I know of he in so far as cannot recollect my being there - I am unable to prove any testimony of said services.

In the annexed statements I have sworn that there lived in the town of Plymouth Massachusetts where I had live May 18th was in Plymouth in the year 1759 and recorded in the town records of Plymouth I never heard any within discharge I am known to be as Bryant the Esq of Plymouth Jonathan Parker of Plymouth Elisha Dexter of Plymouth Blackman in Plymouth For twenty five years  James Walton
Sworn to and subscribed the day and year foreseen
Sworn to and subscribed on the day and year foreseen in the house of common pleas afterwards
White  William Williams

We, Elijah Dexter a clergyman, residing in the town of Plympton and Lewis Bradford Tabor Clerk residing in the Town of Plympton hereby certify, that we are well acquainted with the said Joby Weston 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 we concur in that opinion.
Sworn to, and subscribed, the day and year aforesaid.
Elijah Dexter Lewis Bradford
in Council of Common Pleas W. H. Morris Clerk 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 abovenamed applicant was a revolutionary soldier, and served as he states. And the Court further certifies, that it appears to them that Elijah Dexter who has signed the preceding certificate, is a clergyman, resident in the town of Plympton and that Lewis Bradford who has also signed the same, is a resident in the Town of Plympton and is a credible person, and that their statement is entitled to credit.
By order of the Court
W. H. Morris Clerk
I, W. H. Morris Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joby Weston for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this Tuesday day of August in the year of our Lord one thousand eight hundred and thirty two
W. H. Morris

6566
Lady Weston
Trust 7 Months
N.C.E.
Alla a
No 13 Thomas, Plymouth mass

6566
BRIEF in the case of of plymouth Co
Jabez Weston in the State of Mass (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73  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.     July 1775 - to Nov. 76 In 17 6 Private Gen. Capt Porter - Col Sergeant   Feb of 76 1 General Putnam, Brigade Capt Sampson  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Plimpton  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, or by incidental evidence, or by the rolls? No living witness - Tradition  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Right W. C. Easton Examining Clerk. 25 Jan 33

6566
Lady Weston
to B. Thomas
Plymouth 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 Jabez Weston 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? Yes
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? No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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?
XVI. ‡ Are the papers authenticated as the regulations direct? Yes
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 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 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.

30 778 Rev INVALID.
File No. 30,778
Jabez Weston His Rev. Rev
Act: June 1 st 89 th
Index:—Vol. 2 , Page 443
[Arrangement of 1870.]