Revolutionary War Pension and Bounty Land Warrant Application File W. 1459, for Benoni Muzzy, Massachusetts

SERVICE
NUMBER
Mass
Muzzy, Benoni or Muzzy, Lucy
W. 1459 B.L.Wt. 31310-160-55
CONTENTS

116.
Massachusetts Lucy Muzzey widow of Pease Muzzey who served in the Revolutionary war, as a Private
Mafo Sine
Inscribed on the Roll at the rate of 24 Dollars 65 Cents
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 22 day of Feb. 1849 and sent to
Hon. J. G. Palfrey M.C.
Recorded on Roll of Pensioners under act February 1848, Page 13 Vol. 1
July 29th Book D
Rev. S. M. 55-191429

191429 At 8 March July 19/55.
Lucy Muzzey Benoni Muzzey widow Private Pensioner - Mass.
Revolutionary War.
July 28-116
W: 160 ac July 2, 756 Baptist.
Elijah Clark Brighton
Vol M 2. page 157.

15765 Massachusetts
Benoni Hazey of Needham in the State of Massachusetts who was a private in the Company commanded by Captain Ballard of the Regt. commanded by Col. Webb in the Mass. line for 7 mo 12 d.
Inscribed on the Roll of Massachusetts at the rate of 24 Dollars 65 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 29 day of May 1833 and sent to J Ware Needham
Arrears to the 14th of March '33 $49.30 Semi-ant. allowance ending 1 Sept. 12.32
$61.62
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book Vol. 2 Page 52

Commonwealth of Massachusetts County of Middlesex ss.
On this thirty first day of October eighteen hundred and forty eight. Personally appeared before the Court of Probate in and for the County of Middlesex, and State aforesaid, Lucy Muzzey, a resident of Natick in said county, being seventy five years of age, who being first duly sworn according to Law, doth on her oath make the following declaration, in order to obtain the benefits of the Act of Congress, passed on the twenty ninth day of July 1848, Granting pensions to the widows of Officers and Soldiers of the Revolution.
That she is the widow of Benoni Muzzey, late of Natick, aforesaid, who was a Revolutionary Pensioner of the United States under the Laws of Congress passed June seventh, 1832, and that she received a pension of twenty four dollars and sixty five cents per annum, which was paid to him at the agency for paying pensions in the State of Massachusetts. She further declares that she was married to the said Benoni Muzzey, in the town of Needham in the County of Norfolk, and State aforesaid, by William Fuller, Esquire, one of the justices of the Peace in the County of Norfolk, in the Month of February in the year seventeen hundred and ninety four. That her husband the aforesaid Benoni Muzzey, died in the town of Natick, aforesaid, on the eighth day of April, in the year eighteen hundred and forty six.

That She was not Married to him prior to his leaving the service, but the marriage took place previous to the first day of January, eighteen hundred .. vix.. at the time above stated, and that she still remains his widow.
her Lucy X Muzzy marks
Subscribed with her mark Sworn to by the said Lucy Muzzy, on the day & year first above written, before me in open court.
J. P. C. Gray judge of Probate for the County of Middlesex
Commonwealth of Massachusetts
Middlesex County ss.
I Isaac Forke Register of the Court of Probate in & for the County of Middlesex hereby certify that the Hon. Samuel D. P. Gray is the Judge of said Court, & that his signature above written is his genuine signature.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court, this thirty first day of October in the year Eighteen hundred & forty eight.
Isaac Forke Reg

Benoni Muzzey
15204
8.

Commonwealth of Massachusetts.
County of Suffolk , ss. On this twenty first day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable John M. Williams of the Court of Common Pleas now sitting at Dedham in and for said County, Benedic Muzzey a resident of Dedham 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 benefit of the act of Congress passed June 7th, A. D. 1832.
the : THAT he was in the United States service from the first day of August A. D. 1780, to the last day of October A. D. 1780, as a private in the infantry : that he was residing at Dedham when he entered the service; that he enlisted for three months and served for the period aforesaid under the command of Capt. Ephraim Moses Bullard, Lieut. Elisha Whitney Ensign Enock Kingsbury Col. Thayer : that he marched from Dedham through Taunton to Rhode Island : that he was in no battle and left the service on the last day of October A.D. 1780
ALSO : that he was in the United States service from the about the first day of August A. D. 1783, to the last of October day of A. D. 1783, as a private in the Infantry : that he was residing at Dedham when he entered the service; that he enlisted for three months and served for the period aforesaid under the command of Capt. Gay Col. Henry Jackson Col. Webb : that he marched from Dedham through Springfield to Pittsfield near West Point : that he was in no battle and left the service on or about the last of October 1783 .
ALSO : that he was in the United States service from the  day of  A. D. 17  , to the  day of  A. D. 17  , as a  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  through  : that he was in  battle and left the service on 
He see next page - it was in 1781

We Silas Bacon of Dover , John Brown & Josiah Draper all of Dover in the County of Norfolk hereby certify that we are well acquainted with Benoni Muzzy who has subscribed & sworn to the annexed declaration that we believe him to be seventy one years of age, that he is reputed & believed in the neighborhood where he resides to have been a soldier in the revolution that we were all in the same company with him commanded by Capt. Moses Bullard in his campaign to Rhode Island in 1780.
• Silas Bacon • Josiah Draper • John Brown

THAT he pension roll under the act of 18 as a of his application, he was residing at
in the
and that the time
That some time between the two periods of service above stated he was in the service for about six weeks, at Sandwich, a little below Boston but has no evidence of it. At about the close of the war during his last period of service while he was stationed near West Point, he was detached with a sergeant corporal & other men to drive a hundred head of cattle to Philadelphia & the day after his arrival in Philadelphia the battle of Brandywine & the news of the capture of Philadelphia was announced - he soon after returned to his station & was discharged militarily.
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.
J. Williams J.B.C.
Berony Muzzey
And the said court do hereby declare their opinion after the investigation of the matter, that the abovenamed applicant was a revolutionary soldier and served as he states, and the court further certify that it appears to them that Silas Bacon, Josiah Muzzey & John Brown are residents in the District of Sam a town adjoining Dedham - that this statement is entitled to credit.
J. Williams J.B.C. Atty.
I Silas Muzzey Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of
Berony Muzzey
for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Silas Muzzey

BRIEF in the case of  Benone Allouzzay  of  Newbern  in the State of  Ala.  (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? 71 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.     October In 1780 3 Private Gen. Lord Cornwallis Col. Sharpe   Aug 1783 - 3 " Col. Gage Col. Webb    Mr. Muzzey states that he was in service at Sir Walter Rastalut
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Newbern  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By living witnesses & traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Can not 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Stephen Alloutte Examining Clerk.

191429

Commonwealth of Massachusetts
County of Middlesex ss.
On this thirteenth day of July, eighteen hundred and fifty five, personally appeared before me, a Justice of the Peace within and for the County and State aforesaid, Lucy Muzzey, aged eighty two years, a resident of Marlborough in the State of Massachusetts, late of Natick in said County, who, being duly sworn according to law, declared that she is the widow of Benoni Muzzey, deceased, was a private in the Militia Service in the war of the Revolution, and was a pensioner of the United States under the Law of Congress passed June, Seventh, 1832, and received twenty four dollars and fifty five cents per annum. That she is now in receipt of a pension of twenty four dollars and sixty five cents per annum under the Law of July 29 th A.D. 1838. She further stated that she was married to the said Benoni Muzzey, in the town of Needham in the County of Norfolk, State aforesaid in the month of February in the year seventeen hundred and ninety four. That the ceremony was solemnized by William Fuller, Esq., a Justice of the Peace, and that her name before her said marriage was Lucy Lewis. That her husband aforesaid, died at said Natick, on the eighth day of April in the year eighteen hundred and one forty five, and that she is now a widow. She makes this declaration for the purpose of obtaining the County Land to which she may be entitled under the "Act approved March, 3, 1835."
Lucy Muzzey

We Geo. E. Wason and Silas B. Fairbank residents of Marlborough in the State of Massachusetts upon our oaths, declare that the foregoing declaration was signed and acknowledged by Lucy Murphy in our presence, and that we believe, from the appearance and statements of the applicant, that she is the identical person she represents herself to be.
Geo. E. Wason S. B. Fairbank
The foregoing declaration and affidavit were sworn to and subscribed before me, on the day and year above written, and I certify that I know the affiants to credible persons, that the claimant is the person she represents herself to be, and that I have no interest in this claim.
C. S. Rawson Justice of the Peace.

Commonwealth of Massachusetts.
Secretary's Office, Boston,
July 17 th 1855.
I Hereby Certify , That at the date of the attestation hereunto annexed,
George S. Nason was a Justice of the Peace for the County of Middlesex .
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
E. M. Wightman Secretary of the Commonwealth.

Commonwealth of Massachusetts.
Secretary's Office, Boston November 7 th 1848
I hereby Certify , That at the date of the annexed attestation William Flagg was a Justice of the Peace for the County of Norfolk,
in the said Commonwealth, duly commissioned and constituted: and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
W m Lloyd Jones (Deputy Secretary of the Commonwealth.)

I Asa Kingsbury, Depose and say that I hold the office of Town Clerk in the town of Needham in the County of Norfolk & State of Massachusetts, have been duly elected to that Office, have in my care & keeping the records of said town, and that in searching for the record of the marriage of Benoni Muzzey I find there is no marriages recorded from February 16. 1792 to May, 23. 1798 and that the record of Intention of Marriages commenced March 30. 1802 - that I find in the record of Births & Deaths the following viz: " Sarah Muzzey Daughter of Benony Muzzey and Lucy Muzzey his Wife, Was Born December 2. 1796. Roxy Muzzey Daughter of Benony Muzzey and Lucy Muzzey his Wife, Was Born March ye 14. 1799. Seth Muzzey Son of Benony Muzzey and Lucy Muzzey his Wife, Was Born April ye 12. 1801. Benoni Muzzey Died in Natick April 8. 1846. aged 86 years,, Attest Asa Kingsbury Town Clerk of Needham
Norfolk ss. October 11 th 1848 Sworn and Subscribed to be
Before me William Haggis } Justice of the Peace

I Ebenezer Fuller of Dedham in the County of Norfolk and Commonwealth of Massachusetts, and am Sixty nine years of Age, do testify and say that I have always resided in this town, that William Fuller my Father was a Justice of the Peace for the County of Norfolk. That I well recollect that Benoni Muzzey came to my Father's house with Lucy Lewis, and my said Father then a Justice of the Peace joined them in Marriage in usual form as Husband and wife, I was in the room and see them married, which was the near the year of 1794 that the said Benoni Muzzey with his wife resided near my Father for a number of years on a small place owned by my said Father, that I was personally acquainted with the said Benoni Muzzey before his marriage and ever since that time up to his death which took place in April 1846. That I was knowing that he was a Revolutionary Pensioner of the United States, that he left at the time of his decease Lucy Muzzey his widow, who is still living and remains unmarried.
Ebenezer Fuller
Commonwealth of Massachusetts
Norfolk S. October 11 th 1848 Then personally appeared Ebenezer Fuller and made oath to truth of the above affidavit by him subscribed. The word "always" in the fourth line from the top was interlined before signing. I hereby certify that the above named Fuller is a man of veracity.
William Slagg
Justice of the Peace

Rev  WIDOW, &c.
File No. 1459
Lucy Muzzey Widow
Benoni Muzzey Ex. Rev. War
Act: July 29, 1838
Index: Vol. M , Page 71
[Arrangement of 1870.]

Bononi Menzay
Pine 7 mos 1/2 days adm
\begin{array}{r} 23 \quad 33 \\ 1 \quad 32 \\ \hline 28 \quad 65 \end{array}
Grace (Dedham Mass)

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Benoni Hovey Needham 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 no 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 no VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes no 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? 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? 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? yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 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? 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?
 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.

No 118.
Lucy Muzzey Widow of Benoni, Mass
Aet 29 July 1848
Married Feb 1794 Husband dec 1846
Widow 7 mo. 12 days $24, 65 per annum for 4 months 1848.
Wm L G Salisbury clerk

Brighton Nov. 7 th 1848
Dear Sir,
I enclose to you herewith the claims of Mrs Lucy Muzzey of Natick, widow of Benoni Muzzey, late of Natick a pensioner, & formerly resided in Needham.
Respt Yrs, O. St. D. Elijah Clark
Hon. J. L. Paton Commissioner of Pensions Washington City D.C.

191428.

Brighton. Mass. July. 17. 1855
Dear Sir,
I enclose to you herewith the claims of Mrs Lucy Muzzey, of Marlborough, formerly of Paton, and widow of Benoni Muzzey, a Revolutionary Pensioner of the United States, her claims being for Bounty-land under Act of March, 3. 1855
Very respectfully yours E. D. E. Elijah Clark
Hon S. P. Waldo Commissioner of Pensions Washington City, D. C.

191429
Hon. L. P. Waldo.
Commissioner of Pensions
Washington City, D. C.

✓ 31.310
3
Mrs. Ames

COMMONWEALTH OF MASSACHUSETTS.
NORFOLK ss.
I, JAIRUS WARE, Clerk of the Judicial Courts, being Courts of Record, within and for the County of Norfolk, hereby Certify that
Benjamin Slade Esquire,
is a Justice of the Peace in and for the County of Norfolk aforesaid, duly appointed, commissioned and qualified to discharge the duties of said of- fice, and that his signature to the annexed affidavit is genuine and true.
In Witness Whereof, I have subscribed my name and affixed the Seal of the Supreme Judicial Court of the Commonwealth aforesaid at Dedham, this
twenty first day of September A. D. one thousand eight hundred and thirty two.
Jairus Ware

I John Hastings of Newton in the County of Middlesex aged seventy six do testify & say that I was at every point and station on New York line in the year of 1781 in the Company of Militia of Massachusetts in Capt Gages Company and Colonel Webb Regiment And I knew that Benony Muzzey was in the same Company & Regiment with me at the time aforesaid and that said Muzzey was sent to drive Cattle to Philadelphia, how long said Muzzey was in the united states service at that time I am not Able to tell. I was there myself three Months further saith not
John Hastings
the above Deposition taken and sworn to this twentieth day of September in the year of our Lord one thousand Eight hundred & thirty two before me Benj. Shaw Justice of the peace