Revolutionary War Pension and Bounty Land Warrant Application File S. 15,287, for Abel Medbury, Massachusetts

SERVICE
SERVICE Mass.
Medbury, Abel
NUMBER _____
D. 15.287
carded
CONTENTS

3416.
Massachusetts Abel Spedbury
Rehoboth in the State of Mass who was a Private in the company commanded by Captain  of the reg t commanded by Col Dyer in the Spes line for Ypsos
Inscribed on the Roll of Spes at the rate of 23 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 20 th day of Dec 1832 and Sister  Abigail Babbett  Daughter  Mrs
Arrears to 14th of Sept 1832 $ 34.99 Semi-ann. allowance ending 14 Mar 33 11.66 $ 46.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Book D.
J H  Blair Clerk Vol. 22 Page 67

Commonwealth of Massachusetts.
County of Bristol ss. On this Seventeenth 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 now sitting at Dighton in and for said County, by Will Murbury a resident of Rehoboth in said County, aged seventy one 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 was born at Rehoboth in the county of Bristol & Commonwealth of Massachusetts on the thirteenth day of February A. D. 1761, and that there is a record of his birth in Rehoboth  a copy of which is annexed : that he was in the United States service from the later part day of June A. D. 1777, to the first day of Decem r A. D. 1777 as a volunteer in the Massachusetts State Militia : that he was residing at Rehoboth  aforesaid
when he entered the service ; that he enlisted as a private and served for the period aforesaid under the command of Captain Caleb Richardson  Colonel Banfft Boys and General Spencer. The Ensign of his company was William Sweetland : that he marched from Rehoboth to North Kingston , from thence to Tiverton  from thence to  He & remained at these places during said term: that he served at  does not recollect any of the regular troops ; and
no regular officers were known to him : that he was in no battle
and at the end of his service received no written discharge: that since the Revolutionary war he has resided at Rehoboth  aforesaid
ALSO : that he was in the United States service from the first day of August A. D. 1778, to the middle day of October A. D. 1778 as a private in the Massachusetts State Militia : that he was residing at said Rehoboth
when he entered the service ; that he was drafted and served for the period aforesaid under the command of Captain Peleg Root in the regiment commanded by Colonel Thomas Carpenter & in General Loope's Brigade : that he marched from Rehoboth to Tiverton , from thence to the Island of Rhode Island & then to Greenwich R.I. : that he served at  does not with recollect any of the regular troops ; and
no regular officers were known to him : that he was in the battle on the Island of Rhode Island on the 29th of August 1778 and at the end of his service received no written discharge.
ALSO : that he was in the United States service from the day of A. D. 17 , to the day of A. D. 17 in the : that he was residing at
when he entered the service ; that he and served for the period aforesaid under the command of
: that he marched from to , from to from to
: that he served at with of the regular troops ; and
regular officers were known to him: that he was in battle
and at the end of his service received written discharge.

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 the agency of any State.
Sworn to and Subscribed the day and year first aforesaid.
Abel Medbury
H. Baylies, Judge of Probate
We Childs Luther a clergyman, residing in the town
of Rehoboth —
and Allin Hunt —
residing in Sukunk
in said County hereby certify that we are well acquainted with Abel Medbury — who has subscribed and sworn to the above declaration; that we believe him to be seventy one — 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.
Sworn and subscribed as aforesaid.
Childs Luther Allin Hunt
H. 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 certify that it appears to them that Childs Luther — , who has signed the preceding certificate, is a clergyman, resident in the town of Rehoboth ; and that Allin Hunt who has also signed the same is a resident in Sukunk and is a credible person; and that their statement is entitled to credit.
H. Baylies, Judge of Probate
I Anselm Bassett  the Register of the Court of Probate in & for said County of Bristol, do hereby certify the foregoing contains the original proceedings of the said court in the matter of the application of Abel Medbury for a pension.
In testimony whereof I hereunto set my hand and seal of said office on the day and first aforesaid.
Anselm Bassett

Abel Medbury N o 2.746-

Personally appeared before me the undersigned a Justice of the Peace in and for the County of Bristol in the Commonwealth of Massachusetts this twelfth day of November A 1832. Abel Melbury a resident of Rehoboth in said County who, being duly sworn, deposeth and saith as to the first term of Service mentioned in his declaration, made on the seventeenth day of August A. 1832 before the Hon. Needijah Bayles Esquire Judge of Probate &c in and for said County of Bristol I cannot be more particular than I have been as to the time I served I enlisted and service as a private at least five & a half Months as therein stated. As to the second term of Service mentioned in said declaration he now says he served as a private one & a half Months at least as therein stated. And for the above services he claims a pension.
Abel Melbury
Commonwealth of Massachusetts Bristol ss.
Subscribed November 12 th A 1832
Subscribed by the above named Abel Melbury and sworn to
Before me Albin Hunt Just. of Peace

Commonwealth of Massachusetts.
Bristol ss.
I Anselm Bassett, Register of the Court of Probate in for the County of Bristol, hereby certify, that Alfin Hunt is a Justice of the Peace in for said County: that he is duly qualified to administer oaths: and that the signature to the foregoing certificate purporting to be his, is his genuine signature.
In testimony whereof I have hereunto set my hand & the seal of said Court, the twenty sixth of November eighteen hundred & thirty two.
Anselm Bassett

Abel Medbury
Private
7 Months
W 27 H 6
Defection in the 5-14 & 16 interrogations in the brief
$23.33
Issued by A V Bissett Stephen May.
Taunton

BRIEF in the case of  Abel Medbury  of  Rehoboth  in the State of  Massachusetts  (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? Seventy One 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. As a Gen.     June In 17 to Dec r Aug 1 st  98 to Oct 15 98 more than 6 Months 5 Private Col. Dunsforth Steyles Col. Thomas Amputee   " 2 15 "  
5. In what battles was he engaged? Rhode Island
6. Where did he reside when he entered the service? Rehoboth
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? Witnesses not stated as credible, and at 17 units before whom the oaths were taken is not certified as to be a justice of peace
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. H. Anderson Examining Clerk.

Abel Blanding son of Ebenezer Blanding Born February 3rd. 1861, As of record in the town Clerk's Office in Rehoboth. Rehoboth August 16th. 1882.
Attest James Blanding Town Clerk

15287 INVALID.
File No. 15. 287
Abel Meadbury Bri. Rev. War.
Act: June 7 th 1832
Index :—Vol. 1 , Page 255
[Arrangement of 1870.]

I William Sweetland of Attleborough in the County of Bristol and Commonwealth of Massachusetts, of lawful age to give evidence being duly sworn according to law do give testimony and, say, that Abel Medbury now resident in Rehoboth in said County, did in the Month of June in the year A D 1777 enlist into the Company whereof I was commissioned as an ensign and commanded by Capt Caleb Richardson and attached to the Regiment commanded by Col. Denforth Hays of Weston, and Marched to North Kingston, was stationed there for a time, from thence to Scituate and served at the above named places until the first day of December following, under General Spencer making a term of service of about six Months
William Sweetland
Commonwealth of Massachusetts Bristol County ss
Sedgwick August 14 A. D. 1832
Then personally appeared William Sweetland and made oath to the truth of the foregoing deposition by him subscribed
Before me Alvin Hunt Just. Peace
turn over

Bristol ss November 12 th 1832
I hereby certify that, the within William Sweetland is reported in the neighbourhood where he resides to be a Man of truth and a credible witness.
Allin Hunt Justice of Peace
Commonwealth of Massachusetts
Bristol ss.
I Anselm Basset, Register of the Court of Probate in & for the County of Bristol, hereby certify that Allin Hunt is a Justice of the Peace in & for said County: that he is duly qualified to administer oaths: and that the signatures to the foregoing certificates, are his genuine signatures.
In testimony whereof I have hereunto set my hand & the seal of the said Court, the twenty sixth day of November, eighteen hundred and thirty two -
Anselm Basset

I, Joel Bown of Seekonk in the County of Bristol and Commonwealth of Massachusetts of lawful age to give evidence being duly cautions and sworn according to law, do testify and say, that, Abel Medberry now residing in Rehoboth in said County was drafted on the first of August in the year A. D. 1778 and Marched to Giverton in the State of Rhode Island, was on Rhode Island on the twenty ninth day of said August in an engagement with the British; afterward Marched to Greenwich in said State, and served one and a half  Months in Capt Pelay Punks Company in the Regiment commanded by Col Thomas Carpenter, in General Lovells Brigade, I served at the same time in Captain Stephen Bullocks Company and was attached to the same Regiment and Brigade
Joel Bown
Commonwealth of Massachusetts Bristol County ss.
Seekonk August 14. A. D. 1832
Then personally appeared Joel Bown after being duly cautioned made oath to the truth of the foregoing deposition by him
Subscribed
Before me Alvin Hunt Just. Peace.
turn over

Bristol ss. November 13 th 1832
I further certify that I am well acquainted with the within named Joel Bowen, that he is a man of truth and a credible Witness.
Allin Hunt Just. of Peace
Commonwealth of Massachusetts.
Bristol ss.
I Anselm Bassett, Register of the Court of Probate in for said County of Bristol, hereby certify, that Allin Hunt is a Justice of the Peace in for said County: that he is duly qualified to administer oaths: and that the signatures, purporting to be his, to the foregoing certificates are his genuine signatures.
In testimony whereof, I have hereunto set my hand & seal of said Office, this twenty seventh sixth day of November eighteen hundred & thirty two.
Anselm Bassett

Abner Moulton
1102746
Formally A. Bapett Allyhew Wap

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Abel Medbury 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? No 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? No 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 in his favor 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, with an inscription

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 — 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.
† 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 affidavits must be properly authenticated, as above directed.
‡ 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.