Revolutionary War Pension and Bounty Land Warrant Application File S. 15978, for Brackley Shaw, Massachusetts

SERVICE
NUMBER
Mass.
Shaw, Brackley
S. 15978
carded
CONTENTS

73 Rymoutk
15339 Massachusetts Brackley Shaw of Abington in the State of Mass who was a 3rd Lieut in the Company by Captain Barker of the Regt. commanded by _____ in the Mass line for Bruntts Mate 6 " Naman
Inscribed on the Roll of Massachusetts at the rate of 54 Dollars  Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 day of June 1833 and Lieut C. H. Plymouth On all arrears to the 4th of March 1833 $168.00 Remnant allowance ending 1 Sept. 42.00 $210.00
{ Revolutionary Claim, } { No. June 7, 1832. } Recorded by W. H. C. C. Clerk, Vol. 2 Page 48

7796
Brackley Shaw
Private 18 months
Seaman 6—"
adm'd
14 06
March 20 1835
P. 303
J H Loud Plymouth Mass.

BRIEF in the case of  Brackley Shaw  of  Hington  in the State of  Mass;  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy one years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. As a Names of General and Field Officers under whom he served.   Years, Months, Days.     enlisted In 1780 Janry to end of the same war, on the Release Ship 2 6 Gen. Col. Burbock   1776 — about 6 at New Bedford  
 5. In what battles was he engaged? no battle, stated, but captured several prizes at Sea.  6. Where did he reside when he entered the service? Hington.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Said Boal proving 2 years service from 1780 to other service Caleb Lane proving 2 yrs & other service  8. Are the papers defective as to form or authentication? and if so, in what respect? 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. Kurtz Examining Clerk.

Brackley Shaw
7796

Commonwealth of Massachusetts - County of Plymouth
Plymouth ss - On this eighth day of August 1832 - personally appeared in open Court before the Court of Probate for the County of Plymouth fr d . now sitting Brackley Shaw of Abing- ton in said County aged seventy one years who being first duly sworn according to Law - doth on his Oath make the following Declaration in order to obtain the benefits of an Act of Congress passed June 7. 1832 -
That he entered the service of the United States under the following Officers and served as herein stated. -
In January 1780 - I enlisted as a private Soldier to do duty on the Castle near Fort Independence - and entered that duty the same month - the Castle was then under the command of Col. John Hancock. who had the general superintendancy of the under Officers viz Col. W m Burbeck, on Buffum Samuel Great - William Hinckley - the Governor was occasionally at the Castle the others were residents - Our duty was to guard the Harbour - In January 1782. after having been at the Castle two years I obtained leave of the Governor to ship on board the Retiam - a continental Ship then lying in the Harbour - we sailed from Boston Harbour in June on a cruise - and took a number of prizes - among them a piratical Schooner - when we sent into France and she was then sold - on our return having made a Port in France we took a number of Prizes - among them two Privateers at one time - and a Snow and a Brig - from the return East India Fleet - laden with sugar - the Brig arrived in Boston, the other not heard of -

We arrived in the Harbour in June in the same year - and upon our intimation to Col Burbank or Burbank - that we wished to leave the Ship and return to our duty on the Castle - He received the Governor's order and came with the Governor's Barge and took us out of the Ship - and we then returned to our duty on the Castle - James Pratt & others were with me from the Castle on this occasion - all of whom are now dead - After we returned to the Castle I staid there a short time - then I procured a man to take my place and I returned home - the whole term of my service on the Castle was two years and in the Reliance six months. I was also on Mantelack as a Soldier in the year 1776 - and staid there about six months.
I was born in Abington in said County of Plymouth on March 16. 1761 - a record of my birth I suppose is in the Church Book - and have resided in P. Abington ever since except occasional short absences.
And I do hereby relinquish every claim whatever to a Pension or annuity except the present - and declare that my name is not known on the pension rolls of the agency of any State.
Sworn to and subscribed the year above written.
Forachley Shaw Sworn to and subscribed the day & year aforesaid Attest Jacob H. Lord Register

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 before named Applicant was a Revolutionary Soldier and served as he states.
By the Court Attest
Jacob H. Lord Register
Jacob H. Lord Register of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Brackley Shaw for a Pension.
In testimony whereof I have hereunto set my hand & the seal of said Court this eighth day of August in the Year of our Lord one thousand eight hundred & thirty two
Jacob H. Lord
We, Silas Hall a Clergyman residing in the Town of Abington and Alexander Nash residing in the same Town hereby certify that we are acquainted with Brackley Shaw who has subscribed and sworn to the above declaration, that we believe him to be seventy one years old, that he is respected and believed in the neighborhood where he resides to have been a Soldier in the Revolution and in that opinion we concur -
Silas Hall
Alexander Nash
Plymouth April 2. 1833. Personally appeared the above named Silas Hall and Alexander Nash and made oath that the above statements by them signed is just and true. The great inconvenience of attending before the Judge of Probate is the reason why this declaration was made before a Justice of the Peace. Before Israel H. Pitman Justice of the Peace

The Court within named further certify that Rev Silas Hall who has signed the within Certificate is a Clergyman & Mr. Alexander Nash who has also signed the same a respectable citizen both of the town of Abington, credible persons & that their statement is entitled to full faith & credit.
By the Court Attest
J. H. Lona Reg.

P
15978 INVALID.
File No. 15278
Bickley Shaw
Midnight Sun was
Act: June 7" 32
Index:—Vol. 1 , Page 340
[Arrangement of 1870.]

Commonwealth of Massachusetts.
Secretary's Office, April 5 th 1833.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Brackley Shaw is borne on the Castle Rolls, as recorded in Books, having served there under the following Officer, Viz.
   Books Warrants Captains Am t paid Dates of Warrant     Abstracts I N o 39. W m Burbeck £. 10. 0. 0 September 3. 1783.   N o 1. L. N o 64. Ditto.. 11. 6. 8 July 2. 1782.   £ 21. 6. 8.  
Total amount paid Twenty one pounds six shillings & eight pence, for service, not on any rolls in this Office.
Edward D. Bangs Sec y
Encl.

7796
Brackley Shaw
J H Lord Esq Rymark Wolf

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Brackley Shaw which require further proof or explanation.
I. Does the declaration show where the applicant resides? ng II. Did the declarant make the declaration in the county where he resides? ng 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? ng 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? ng VI. Has he given the names of the officers under whom he served, in conformity with the regulations? ng VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? ng VIII. Has the Court given their opinion? ng IX. Has the Clerk given his certificate? ng 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? ng

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? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
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? no
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? no
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? no
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? no
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? 7
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.

Brackley Shaw

I Samuel Beal of Winchendon in the County of Worcester and State of Massachusetts aged seventy one years do testify and say that Brackley Shaw and Caleb Lane were both with me as Soldiers during the Revolutionary War we were stationed on the Castle near Fort Independence, We commenced our term of Service in January 1780 - and I served there three years - Brackley Shaw was there two years - and then went on board the Ship Reliance on a cruise - he was absent about six months and then returned and did duty again with me until January 1783 - when the term expired for which term enlisted and was then discharged -
Samuel Beal
Plymouth ss. August 20. 1832 -
Personally appeared the above-named Samuel Beal and made oath that the above Deposition by him submitted is true. Beman - Jacob Whitman Just. Peace.
Commonwealth of Massachusetts. Plymouth ss. I Jacob H. Lord Register of the Court of Sessions for the County of Plymouth do hereby certify that Jacob Whitman Esq. is a Justice of the Peace for said County & that his name above subscribed & also to the annexed certificate is in his own proper handwriting.
In testimony whereof I have hereunto set my hand & the seal of said Court this twenty eighth day of August in the Year of our Lord one thousand eight hundred & thirty two Jacob H. Lord

Plymouth, Pa. April 2, 1933.
I hereby certify that Samuel Beale the within named Deponent is personally known by me and that in my opinion full credit may be placed in the statements as given by him -
Samuel W. Kirtman Just. Peace

I Caleb Lane of Abington in the County of Plymouth and State of Massachusetts - age sixty nine years - do testify and say that I was with Caleb Lavelle and Bradley Shaw both of this Town as a Soldier and served in that capacity with them from January 1780 - to Jan. - 1783 - and they, both served with me as Soldiers during that time - except that Bradley Shaw sometime before the three years expired - perhaps I should think ten months or a year - enlisted on board the ship William in the Continental Service - and went a voyage - I saw Shaw when the ship returned - and Lieutenant sent a Party on Board the ship and Shaw returned in it, and afterwards until Jan. - 1783 - he was duty on the Castle with me - - We were stationed on the Castle during the whole of that time - and further I testify, -
• Caleb Lane
Plymouth ss. August 3. 1832 -
Personally appeared the above named Caleb Lane and made oath that the above declaration by him submitted is just and true - Before - Jared Whitman - Just Peace -
Plymouth ss. April 2. 1832 -
I hereby certify that Caleb Lane the above named Deponent is personally known by me and that in my opinion full credit may be placed in his testimony -
Jared Whitman - Just Peace -