Revolutionary War Pension and Bounty Land Warrant Application File S. 31824, for David Lovell, Massachusetts

SERVICE
NUMBER
Mass
Lovell, David.
8 31824
CONTENTS

5783
Massachusetts David Lovell
of Bristol in the State of Mass who was a Private in the company commanded by Captain Cobb of the Regt commanded by Col French in the Mass line for 18 (Mars)
Inscribed on the Roll of Mass at the rate of 43 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 th day of Feby 1833 and due to C. L. Hodge H of Reps
Arrears to 4th of Sept 1832 $64.99 Semi-annual allowance ending 4 March 33 21.66
$86.65
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by S. H. 693 Main Clerk Book D. Vol. 2 nd Page 97.

No 4842
David Spoull
adm'd
13 mos Private
14 ob.
July 12/1853
$43.33.
Pay 200.
For Col. Hodge
9R
466 23-33

BRIEF in the case of David Lovell of the County of Bristol in the State of Mass. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Count  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 80 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.     In 1776 Feby — 2 — Private Gen. French, Capt. Cobb   "77 — 1 — drafted Capt. Hodges, Lt. Dean   "78 — 8 — ditto Col. Jacobs, Capt. Fuller   — 2 — d o Lieut. Brintrall  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Mansfield  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Depositions  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.
Levin P. Dett Examining Clerk.

COMMONWEALTH OF MASSACHUSETTS, } BRISTOL, ss.
At a COURT OF PROBATE holden at Taunton - in and for said County on the twenty ninth day of August one thousand eight hundred and thirty-two, before the HONORABLE HODIJAH BAYLIES, Judge of the Probate, &c. for said County, personally appeared David Lowell a resident of Mansfield - in the County and Commonwealth aforesaid, aged eighty years, who being first duly sworn according to law, doth on his oath, in order to obtain the benefit of the act of Congress, passed June 7th, 1832, make the following declaration. That he entered the service of the united States under the following named officers and served as herein after stated, to wit. In the winter of 1776 I think in February of that year, I enlisted under Captain Silas Cobb for two months & Benjamin Bates as Lieutenant in said Company, & we were attached to Col Jacob French Regiment. I will state further particulars of my service in my answer to the fifth interrogatory. and further declares as follows, in reply to the interrogatories propounded by the Secretary of War; to wit:
1. Where, and in what year were you born? Mansfield.
Ans. That he was born in Norton now in the County of Bristol and State of Massachusetts in the year one thousand seven hundred and fifty two
2. Have you any record of your age; and if so, where is it? Ans. I have a record of my age in my family Bible, which was taken from the family Bible of my father & in his own hand writings.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live? Ans. In Mansfield , which was formerly a part of Norton , I now live in Mansfield
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom? Ans. I was drafted on all the  generally in the campaign in which I served except the first and in that I volunteered, I was twice a substitute, the first time for Isaac Lowell & the second time for John Perry.
5. State the names of some of the Regular Officers who were with the troops when you served; such Conti-

4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom? Ans. I was drafted generally in the  all the campaign in which I served except the first and in that I volunteered, I was twice a Substitute, the first time for Isaac Lowell & the second time for John Perry.
5. State the names of some of the Regular Officers who were with the troops when you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your service. — I was
Stationed at Winter Hill & at Dorchester near Boston, during my first campaign alluded to above, I was there when the British evacuated Boston and in the month of April of the same year I was verbally discharged by my officers & returned home — I refer to the affidavits of John White & Mason Cobb to prove the above service.
I was drafted at my second campaign & it was for one month and marched to R.I. under Captain Isaac Hodge of Norton and in the year 1777, about the time of Spencer's expedition at that place, & John Deane of Mansfield was Lieutenant in said company. I was discharged at the expiration of said term by Capt. Hodge. I have pro living witnesses of this my second campaign & I refer to an old pay roll which is annexed to Elijah Ladd's Declaration of Norton, and which I expect will be acknowledged to the war department, & on which my name is bound. And in the year 1778 I was again drafted, at said Mansfield and marched to the Island of R.I. and was there placed in Capt. Jacob Fuller's company and in Col. John Jacobs Regiment and served my third campaign & it was for eight months.

Four months of said Campaign I served as a Substitute for Isaac Lowell. and Sullivan's expedition was, during this Campaign our Company was Marched to a place called Fall River in Mass. before my term of enlistment expired, & I was there verbally discharged by my officers, & I returned home. I refer to Abisha Smith officer to prove this my third campaign.
2 And I was again drafted at said Mansfield for two months one month of said term I served as a Substitute for John Perry. and I am not quite certain as to the time but think it was near the close of the first war. I marched from said Mansfield under Lieutenant Ebenezer Brimbal of said Mansfield to the State of New York, and to White Plains I was dangerously sick during this Campaign & know very little about any other officers except the aforesaid Lt. Brimbal, with whom I marched and at the expiration of said term I was discharged by my officers & returned home. I have no living witness to prove the last said two months Service, & must depend on my own statement as it is supported hereafter in this at Declaration.
The whole of my Service in the war amounts to thirteen months - & I understand the troops in which I served to be State troops or militia of Massachusetts - except my fourth campaign and I suppose we were then recruits for the Continental Army.

I Mason Cobb of Mansfield in the County of Bristol of State of Massachusetts being twenty seven years of age do hereby testify & say that I have been well acquainted with David Lowell of said Mansfield for more than sixty years and that he served as a private soldier in a company with me in the Army of the American Revolution one campaign of two months, said company was commanded by Capt. Silas Cobb & in Col. French Regiment & we were stationed at a place called Winter Hill, & also at Roxbury & Dorchester and were there when the British evacuated Boston in March 1776 we were volunteers & called State troops.
Dated at Norton this 14 th day of August A.D. 1832
Mason Cobb
Bristol } Commonwealth of Massachusetts County } ss Before me one of the Justices of the Peace within and for the county of Bristol personally appeared Mason Cobb subscribed to the within above affidavit and made oath that the same is true in all its parts. In testimony whereof I have hereunto subscribed my name and quality this 14 th day of August A.D. 1832.
Corrnt. Leonard Justice of Peace
Bristol January 23 1833 I certify that Mason Cobb who signed the above affidavit is in my opinion a disinterested & credible witness
Corrnt. Leonard Justice of Peace

I John White of Mansfield in the County of Bristol & Commonwealth of Massachusetts being Twenty four years of age do hereby testify & say, that I have been well acquainted with David Lowell of Said Mansfield a great number of years and that he served in a company with me in the army of the American Revolution one campaign of two months, the  said company was commanded by Capt. Silas Cobb & Benjamin Bates was the Lieutenant in said company & we were stationed at Winter Hill, near Medford, & in Roxbury & Dorchester near Boston in the year 1776 & were present when the British evacuated Boston & our troops were called Militia as I under- stood, and we were volunteers in said company. Dated at Norton this 14 th day of August AD 1832
John White
Bristol } Commonwealth of Massachusetts County } ss Before me one of the Justices of the Peace within and for the county of Bristol, personally appeared John White subscriber to the above affi- -davit and made oath that the same is true in all its parts. In testimony whereof I have hereunto subscribed my name and quality this 14 th day of August AD 1832.
Bristol J. July 23 rd 1833
Crown L. Leonard Justice of Peace
I certify that John White who signed the above affidavit is in my opinion a disinterested & credible witness. Crown L. Leonard Justice of Peace

I Abisha Smith of Norton in the county of Bristol & State of Massachusetts being seventy one years of age do hereby testify & say that I have been well acquainted with David Lander a man who lived in said county a great number of years & that he served in a company with me in the Army of the American Revolution one campaign of eight months as a private soldier, said company was commanded by Jacob Fuller & in Col John Jacobs Regiment of Gen. Cornwallis Brigade, I think it was in the year 1778 as I think & we were at Sullivan's Expedition (so called) Stationed on Rhode Island, & we were called State Troops.
Dated at Norton this 14 th day of August A.D. 1832
Abisha Smith
Commonwealth of Massachusetts
Bristol } ss Before me one of the Justices of the Peace within county } and for the county of Bristol personally appeared Abisha Smith subscribed to the above affidavit and made oath that the same is true in all its parts. In testimony whereof I have hereunto subscribed my name and quality this 14 th day of August A.D. 1832. Coronr. Leonard Justice of Peace
Bristol ss January 23 rd 1833
I certify that Abisha Smith who signed the above affidavit is in my opinion a disinterested & credible witness.
Coronr. Leonard Justice Peace

Commonwealth of Massachusetts Bristol ss. I Anselm Basset, Register of the Court of Probate in and for said County of Bristol, do hereby certify that Cornelius Leonard is a Justice of the Peace for said County of Bristol qualified to administer oaths and that the foregoing signatures to the foregoing certificate purporting to be his, are genuine - In Testimony Whereof, I have hereunto set my hand and the seal of said Court this twenty fifth day of January Eighteen hundred and thirty three
Anselm Basset

David Lovell
c.2?
4842.

6. Were you a Soldier or an Officer ? if a Soldier, did you ever receive a discharge from the service ; and, if so, by whom was it given, and what has become of it ? if an Officer, did you ever receive a commission, and if so by whom was it signed, and what has become of it ? Ans, I was a Soldier, and I have no recollection of ever having a written discharge, I was never an officer in the army
7. State the names of the persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a Soldier of the Revolution. I refer to the Rev. Pitt Clarke of Norton & Nathaniel Stone Jr. Norton Adjns Mansfield
And the said David Lowell — doth further declare that he hereby relinquishes every claim whatever to a pension or annuity except the present, and that his name is not on the Pension Roll of the Agency of any State, or (if any) only on that of the agency of the State of  Junior Lowell
Sworn to and subscribed, the day and year aforesaid.
H. T. Daryles , Judge of Probate.
WE Pitt Clarke a Clergyman — residing in Norton and Nathaniel Stone Jr — residing in the same town hereby certify that we are well acquainted with David Lowell who has subscribed and sworn to the above declaration ; that we believe him to be about eighty 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.
Pitt Clarke, Nathaniel Stone Jr
Sworn to and subscribed, the day and year aforesaid.
H. T. Daryles , Judge of Probate.

WE Pitt Clarke a Clergyman — — — — — residing in Newton and Nathaniel Stone Jr residing in the same town hereby certify that we are well acquainted with David Lavelle who has subscribed and sworn to the above declaration; that we believe him to be about Eighty 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.
Pitt Clarke, Nathaniel Stone Jr. Sworn to and subscribed, the day and year aforesaid. A. Baylies, Judge of Probate.
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 Pitt Clarke who has signed the preceding certificate is a Clergyman resident in the town of Newton in said County of Bristol, and that Nathaniel Stone Jr. who has also signed the same is a resident in said town, and is a credible person, and that their statement is entitled to credit.
A. Baylies, Judge of Probate.
COMMONWEALTH OF MASSACHUSETTS, } BRISTOL ss. }
I Anselm Bassett Register of the Court of Probate in and for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the applica- tion of David Lavelle of Mansfield in said County, for a Pension. testimony whereof I have hereunto set my hand and seal of the said Court the day and year first above written.
Anselm Bassett

David Lovell
No 4842
7..

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of David Lovell 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 in 3 cases 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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? no. Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? 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? yes
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 the 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.
†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 authenticated 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 end 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.
14. Impplied
4. Cannot be made more definite

318211 Rev INVALID.
File No. 31,824
David Lovell
This Rev was
Act: June 1 st 1891
Index:—Vol. 2 , Page 241
[Arrangement of 1870.]