Revolutionary War Pension and Bounty Land Warrant Application File S. 19747, for Seth Presbrey, Massachusetts

SERVICE
Mass. R. J.
Presbrey, Seth
NUMBER _____
NUMBER S. 19747
carded
CONTENTS

1850.
Massachusetts
Deh Presbrey
of Bristol Co in the State of Mass who was a fuzed P t in the Company commanded by Captain of the Regt commanded by C d Cobb in the Mass V.R.I. line for 5 (May 15 Days) fuzed 4 " 25 " (Private)
Inscribed on the Roll of Mass at the rate of 43 Dollars 61 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of Nov 1832 and Sgt. Anselm Babbitt New Bedford Mass
Arrears to 4th of Sept 1832 $65.48 Semi-ant. allowance ending Mar 23 21.80 $87.21
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by H. H. Bliss Clerk Book D. Vol. 2 nd Page 75

Seth Presbrey
Seth Presbrey
No 3479

Commonwealth of Massachusetts, BRISTOL, ss.
At a COURT of PROBATE holden at Taunton in and for said County on the thirteenth day of August — one thousand eight hundred and thirty-two, By Adjournment from the 10th day of the same August before the Honorable HODIJAH BAYLIES, Judge of the Probate, &c. for said County, personally appeared Seth Presbrey , a resident of Taunton in the County and Commonwealth aforesaid, aged about eighty years 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 hereinafter stated; to wit: under Capt. Solomon Trow; or Israel Trow, I do not know which his name was, Lieutenant Zebulon Field, Ensign Tabor of Taunton, whose first name I do not recollect nor in what regiment I served; I entered again under Capt. Simeon Cobb, Lieutenants Sylvester Jones & Ephraim Crossman, in Attucks , the a regiment commanded by Col. Dyer  as not now recollect whom , the other officers of the regiment I do not recollect; I entered again in a Rhode Island Company, none of whose officers I recollect; to go on as Sullivan's expedition; I entered again in a company commanded by Lt. Commandant Nehemiah Pratt, the other officers I do not recollect; I served ten months & ten days in all, the particulars of which services I will give in my answer to the fifth interrogatory hereinafter contained; 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?
Ans. That he was born in Taunton 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? The record of my birth is on an old manuscript book of my father's, who is dead, and who in that book had set down the births of his children; the book is in the possession of my brother & I have recently examined it.
3. Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live? I have always lived in Taunton
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? and if a substitute, for whom? My service was in the State Troops or militia, and I always voluntarily enlisted.
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 entered the service first in the latter part of November or beginning of December in the year seventeen hundred and seventy five; we marched first to Roxbury, and afterwards to Winter Hill in Cambridge and afterwards to Dorchester and we were with the army blockading Boston, and staid there about two weeks after the enemy evacuated that place which was on the seventeenth day of March in the following year; I do not recollect the officers of any other Regiments there or the names of any of the regiments; I refer for the proof of this to the deposition of declaration of John Presbrey John Presbrey annexed to the declaration of John Presbrey ; I have no documentary evidence thereof. This first time of service was four months — the next time I entered the service about the beginning of July, in the year seventeen hundred and seventy six under Capt. Cobb as above stated for a term of five months and served fifteen days more at the solicitation of the Captain; we marched from Taunton to Providence in Rhode Island thence to Hartford in Connecticut, thence to Newhaven; thence by water to New York City; thence to Barracks about three miles above the City; when the City was taken by the enemy, I had been detached with a party of the sick to New Jersey; on the approach of the enemy we conveyed the sick about fifteen miles from the coast to a Dutch settlement called Feenykly, and staid there about six weeks; then we, who were well, crossed the Hudson & rejoined our Company in Barracks about eighteen miles above New York; where we staid until we were dismissed; during this term of service I was several times the sergeant on guard at Gen. Washington's quarters; I often saw Gen. Lee at this time, and our Captain said it was by Gen. Lee's request that we staid beyond our term; I do not recollect any other officers or regiments. For proof of this, I refer to the declaration of Simeon Presbrey deposition of Simeon Presbrey which is annexed to the declaration of John Presbrey which will be forwarded to the Department at the same time with this; I have no documentary evidence. The next time I entered the service I went to Providence & enlisted to go on Sullivan's expedition to serve during the expedition; I served only fifteen days and being there only so short a time cannot remember the

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 entered the service first in the latter part of November or beginning of December in the year seventeen hundred and seventy five; we marched first to Roxbury, and afterwards to Winter Hill in Cambridge and afterwards to Dorchester and we were with the army blockading Boston, and staid there about two weeks after the enemy evacuated that place which was on the seventeenth day of March in the following year; I do not recollect the officers of any other Regiments there or the names of any of the regiments; I refer for the proof of this to the deposition of Simeon Presbrey annexed to the declaration of John Presbrey I have no documentary evidence thereof. This first time of service was four months - the next time I entered the service about the beginning of July in the year seventeen hundred and seventy six under Capt. Cobb as above stated for a term of five months and served fifteen days more at the solicitation of the Captain; we marched from Taunton to Providence in Rhode Island thence to Hartford in Connecticut, thence to New Haven; thence by water to New York City; thence to Barracks about three miles above the City; when the City was taken by the enemy, I had been detached with a party of the sick to New Jersey; on the approach of the enemy we conveyed the sick about fifteen miles from the coast to a Dutch settlement called Feeny Fly, and staid there about six weeks; then we, who were well, crossed the Hudson & rejoined our Company in barracks about eighteen miles above New York; where we staid until we were dismissed; during this term of service I was several times the sergeant on guard at Gen: Washington's quarters; I often saw Gen: Lee at this time, and our Captain said it was by Gen: Lee's request that we staid beyond our term; I do not recollect any other officers or regiments. For proof of this, I refer to the aforesaid deposition of Simeon Presbrey which is annexed to the declaration of John Presbrey which will be forwarded to the Department at the same time with this; I have no documentary evidence. The next time I entered the service I went to Providence & enlisted to go on Sullivan's expedition to serve during the expedition; I served on this occasion only fifteen days and being there only so short a time cannot remember the officers under whom I served; we marched to Brit went in boats to Bristol Ferry point on Rhode Island, and being with my brother John on the Picket guard at Easton's beach near the British lines next to the Continental troops, (but of what regiment I don't know), we were ordered to join them in the retreat, and so were personally engaged in the action at Quaker Hill, when the army retreat to the main, I went in the boat service transporting the troops from the Island; when the expedition being over, I returned home; The last time I served was for ten days at Slade's Ferry in Freetown now Ferry in Massachusetts guarding the pass against the enemy; I cannot certainly recollect the road but believe it was between seventeen hundred & eighty the occasion was on an invasion of the

enemy from their vessels up the river when they burnt several dwelling houses; there are no other troops employed with our company. For proof of these two last services I refer to the deposition of my brother John Presbrey hereto annexed. I have no documentary evidence; and I believe all the officers I have named are dead. I served as a Sergeant nine & a half months; to wit, four months in the neighbourhood of Boston, & five months & a half in the neighbourhood of New York.

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? I was a soldier & not commissioned Officer, I never received a written discharge on any occasion; I had no warrant as sergeant, it was not usual to give warrant.
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 Reverend Luther Hamilton & the Hon. James L. Hodges book of said Taunton.
And the said Seth Presbrey 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 Seth Presbrey
Sworn to and subscribed, the day and year aforesaid.
H. Baylies, Judge of Probate.
August 14, 1832
WE Luther Hamilton, Clergyman — residing in Taunton in said County of Bristol — and James L. Hodges — residing in the same town hereby certify that we are well acquainted with Seth Presbrey — 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.
Sworn to and subscribed, the day and year aforesaid. Luther Hamilton James L. Hodges. 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 certifies, that it appears to them that Luther Hamilton who has signed the preceding certificate is Clergyman — resident in the Town of Taunton — in said County of Bristol, and that James L. Hodges — 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.
H. Baylies, Judge of Probate.
Register of Probate
COMMONWEALTH OF MASSACHUSETTS, BRISTOL, ss.
August 14, 1832.
I Anselm Barstow — 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 application of Seth Presbrey — of Taunton — in said County, for a Pension.
In testimony whereof I have hereunto set my hand and the seal of the said Court the day and year first last above written.
Anselm Barstow —

Commonwealth of Mass Bristol ss.
Juneto August 13 th 1832.
Then personally appeared John Presbery a resident of Taun- -ton aforesaid and made solemn oath, that his brother, Seth Presbery of said town did serve in the war of the Revolution fifteen days as a private, in what was called Sullivan's expedition on the Island of Rhode Island, being drafted for said service, and that he was with himself in the battle of Quaker Hill, so called; Also, that I have personal knowledge of his service ten days at Slades' Ferry in Mass. under the command of Lieut. Nehemiah Pratt. John Presbery
Before me, James L. Howland, Jus. Peace.
Commonwealth of Massachusetts.
Bristol ss.
I, James Spratt, Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that James L. Howland Esq., whose signature is affixed to the foregoing certificate, is a Justice of the peace in & for said County of Bristol, and duly qualified to administer oaths -
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court, this fifteenth day of August in the year of our Lord one thousand eight hundred and thirty-two -
J. Spratt

3479
Seth Presbrey
No. E
5 Months & 15 Days Sergeant
4 Mths & 25 Days Private Admitted
$43.61
Anselm Bapst Esq New Bedford Mass

3479
BRIEF in the case of  Seth Presbrey  of Taunton  Bristol by  in the State of Mass  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? about of Probate  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? —  3. How old is he? 80  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.     Last of Nov. or 12 December 1775 — 4 — Sergeant Capt. Trow   beginning July '76 — 5 15 Sergeant Capt. Cobb   Decemr 1780 — — 16 Private on Sullivan's exp n — don't recollect officers   " — at Slade's ferry, Mass — Can't recollect the year  
 5. In what battles was he engaged? Quaker Hill  6. Where did he reside when he entered the service? Taunton  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? 1 living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? No objection to Council papers under the lease 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. G. Eastman Examining Clerk.

Revolution 19th Cn
INVALID.
File No. 12,747
Seth Presbury Sergt Rev War
Act: June 7 th 32 nd
Index:—Vol. 2 , Page 397
[Arrangement of 1870.]

3479
Leth Presbey

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Seth Presbrey 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 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?
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? 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, deposeh 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 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 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.