Revolutionary War Pension and Bounty Land Warrant Application File S. 29,350, for David Noyes, Massachusetts

SERVICE
NUMBER _____
Mass
Noyes, David
L 29,350
CONTENTS

15838 Massachusetts
Dana Sroyed
of Abington in the State of Mass who was a Private in the Company commanded by Captain Price of the Regt commanded by Colonel Dyer on the Mass. Ten for 10 months & 10 days
Inscribed on the Roll of Massachusetts at the rate of 54 Dollars 89 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 nd day of Aug 1833 and sent L.H.
Lord Plymouth Mass
Arrears to the 4th of Mar 1833 $69.78 Pension allowance ending 4 Sept 17.44
$87.22
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Brown Clerk, Book 2 Vol. 20 Page 59

Commonwealth of Massachusetts. County of Plymouth - } ss.
On this second day of October 1832 -
Personally appeared in Open Court before the Court of Probates for the County of Plymouth - now sitting in East Bridgewater within and for said County - David Noyes a resident of Abington in said County of Plymouth and Commonwealth aforesaid, 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 benefit of the Act of Congress - passed June 7. 1832 -
That he entered the service of the United States under the following named Officers and served as herein stated. -
In the 1776 - I went to Roxbury & Dorchester and served as a Substitute for Matthew Noyes in Capt Pierce Company and Col. Dikes Regiment - I think in the month of October - I served here as a private Soldier one month - our duty was to keep guard and assist in strengthening the Fort on the Heights of Dorchester. -
In the summer of 1777 - I enlisted as a private Soldier in the Company commanded by Capt Joseph Cole of Bridgewater, 3 d Link - Sons - in the Regiment commanded by Col. John Robinson and immediately went to Providence in Rhode Island - and were stationed there the greater part of our term of service - our duty was principally - to guard Prisoners - taken from a ship that ran

= agreed - on this Service - and in various excursions to different parts of the State I was employed for six Months - In South Kingston near Brier's Mills we were stationed a short time - I have no recollection of any events of a public nature that took place, during this time - that fell within my observation. -
Afterward in the year 1770 - in the early part of January I again enlisted under Capt Abram Washburn of Bridgewater - Lieut John Whitman - and immediately marched to North Kingston in the State of Rhode Island - we went by the way of Providence - and served at North Kingston and vicinity three Months - during my Service I was engaged in an affair at Point Judith, which took place between our Troops and the enemy who came from the Harbour of Newport in Barges, for the purpose of destroying one of our Provesants from Providence which was then near agreed - we were stationed near the shore at a small village called Newtown - At this time and place I served three Months - In the August following I again enlisted under Capt Cobb of Abington and went to Scituate in Rhode Island and served under him for two weeks - but I have not been able to procure any evidence of this Service -
In support of the other Services he has not been able to procure any Documentary evidence - and does not know whether any such evidence now exists - but has procured the Deposition of

such descriptions as he was able to obtain - and which are herewith enclosed - I was born in the said Town of Abington on the twenty first day of March 1781. and was nearly one year old last March - I was a resident of said Iowa during the whole period of the aforesaid pension since that time I have resided in said Iowa and in Randolph in the County of Norfolk. - A Record of my birth is in the Records of said Town a copy of which is herewith exhibited. -
And I hereby relinquish all claims to a pension or annuity except the present, and declare that my name is not borne on the pension roll of the Agency of any State
David Voyce
Sworn to and subscribed the day and year aforesaid
Attest Jacob Holm Reg. Probate

Melanchton G. Wheeler Minister in the first Parish in Abington - and I Luke Nash an Inhabitant of said Town do certify and say that David Noyes whose name is subscribed to the within application is an Inhabitant of said Town and Member of said Parish and that he has had the reputation among his Neighbors and Towns- men of having been a Soldier in the Revolutionary War - and from our knowledge of his Character we have no doubt that the statement by him herein made is just and true. The inconvenience of our attending the Court of Probate is the reason why this affida- -vit is made before a Justice of the Peace -
Melanchton G. Wheeler Luke Nash
25231 Dawes - Noyes MS
Plymouth ss. March 26 th 1833.
Personally appeared the above named Melanchton Wheeler and Luke Nash and made oath to the truth of the above Before me -
Ezekiel Mayhew Justice of Peace
And the said Court do hereby declare their opinion, after the inves- tigation of the matter & after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier & served as he states. And the Court further certifies that it appears to them that Rev. Melanchton G. Wheeler who has signed the preceding Certificate, is a Clergyman, resident in the town of Abington & that Luke Nash who has also signed the same, is also a resident in the same town & is a credible person & that their statement is entitled to credit. By the Court, Albert
Jacob H. Lord Register
I Jacob H. Lord Register of the Court of Probate for the County of Plymouth do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Noyes for a Pension & that Ezekiel Mayhew is a Justice of the Peace for said County & the above is his genuine signature.
In testimony whereof I have hereunto set my hand & seal of Office this ninth day of April A.D. 1833.
Jacob H. Lord

I Matthew Noyes of Abington in the County of Plymouth and Commonwealth of Massachusetts aged seventy four years do testify and say that David Noyes of said Abington in the year of our Lord 1778 in the early part of the year enlisted as a Soldier in the war of the Revolution under Capt. Washburn of Bridgewater and went to North Kingston in the State of Rhode Island - and there served in that capacity. I was at the same time in the Town of North Kingston under Lieut. Shaw but stationed at a different place. I well recollect seeing said David Noyes in the affair at Point Judith. I was there in the service three months - and presume and believe he served the same term of time - I well recollect that he came home with me when the term of three months were expired - — Matthew Noyes
Plymouth Jp. September 12. 1832 -
Personally appeared the above named Matthew Noyes and made oath to the truth of the above declaration by him subscribed - and I certify that, in my opinion the said Matthew Noyes is entitled to full credit as a witness - G. L. Whitman and Just Pease

Commonwealth of Massachusetts
Plymouth ss. I Jacob H. Lord Register of Probate for the County of Plymouth do hereby certify that Jared Whit- man Esq. is a Justice of the Peace in & for said County & that the within signature purporting to be his is gen- uine as I believe.
In testimony whereof I have hereunto set my hand & seal of Office this ninth day of April A.D. 1833
Jacob H. Lord

Davie Noyes Abington Mass
252 71
Print 10 Mar & 14 days
33. 33 1. 56 34 89
J. H. Lona
Plymouth

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of David Noyes - Abington Co. of Plymouth Mass
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     October 1776 Sub. 1. Private Col Pierce Dike 71 - born in Abington Mass born in Abington Mass   January 1777 Sub. 6 " Col Cole, Robinson entered in said place - now lives in said place entered in said place - now lives in said place   July 78. " 2 " Col Washburn   Aug. 11. " 14 " Col Bell 3 surviving witnesses - the service and credible  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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 the days and year aforesaid.
[And then will follow the certificate of the Court.]
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 above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To 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? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of 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. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[c] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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 place 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
Made 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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

29.350 Leg INVALID.
No. 29.350
David Lloyd Rev Rev
Act: June 7 th 1891
Index: Vol. 2 , Page 299
[Arrangement of 1870.]

STATE OF MAINE.
OXFORD COUNTY, ss.
I, RUFUS KING GOODENOW Clerk of the Judicial Courts in and for said County of Oxford, hereby certify, that
William R. Porter
whose genuine signature is annexed to the foregoing Deposition of Nathan Beman is a Justice of the Peace in and for said county of Oxford.
In testimony whereof I have hereunto set my hand and affixed my seal of office, this third day of September in the year A. 1832.
Rufus King Goodenow
Clerk of Oxford County Courts.

I Nathan Warren of the County of Lumberland & State of Maine upwards of sixty nine years of age on oath declare, that I was, during the War of the American Revolution well acquainted with David Boyes of Hingham in County of Plymouth & Commonwealth of Massachusetts, and that I being then a resident of Bridgewater in said County of Plymouth, did enlist into Captain Joseph Cales' Company, of which Ebenezer Dyer was a Lieutenant in Col. John Robinson's Regiment, of the Massachusetts State Troops for the term of Six months, and was stationed a part of said time in Providence, Rhode Island, and the residue in various parts of said State of R. I. in the year 1777, on time being out the last day of Dec. of that year; and that the said David Boyes was a soldier with me, in said Com- pany during the whole of said Six months . —
Nathan Warren
State of Maine.
Offord. S. Augt 28. 1832. Then the above-named Nathan Warren, appeared before me, and made oath to the truth of the above affidavit, by him sub- scribed; and I can further certify, that the said Warren, is, in my opinion, entitled to full credit as a witness. — William B. Foster Preston

I Barzilla Field of North Bridgewater in the County of Plymouth Commonwealth of Massachusetts of lawfull age do Testify & say, that I joined the service of the United States in the year one thousand eight hundred & seventy six in Capt Pines Company of Melville & Col Dikes Regt for the term of three months from some time in the first of September until the fore part of December 1876 at Roxbury & Dorchester nights in the State of Massachusetts; And that Dave Noyes of Abington in said County of Plymouth was a private soldier in said Company and I have no knowledge of his being discharged before the term of three months expired for which we enlisted Barzilla Field
Plymouth ss August The 20 1832 Personally appeared the above named Barzilla Field & made Oath to the truth of the above deposition by him subscribed, & I do certify that the Deponent is considered to be a man of truth & Veracity. Before Me Joseph Silvester Justice of the Peace

Reference to Will of
Commonwealth of Massachusetts. Plymouth ss. I Jacob H. Lord Register of Probate for the County of Plymouth do hereby certify that Joseph Silvester Esq. is a Justice of the Peace for said County & that the written signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand & seal of Office this ninth day of April A.D. 1833.
Jacob H. Lord