Revolutionary War Pension and Bounty Land Warrant Application File S. 29,666, Benjamin Brown, Mass.

SERVICE
NUMBER
Mass.
Brown, Benjamin
S. 29,666
CONTENTS
1747-1750 Mass. Aug. 22, 1747 (S.W.) as Burial site in 1842

Henry M. Brown Declaration
17392
to be paid the sum of from the said to be paid the sum of
21. H. H. O. Massachusetts
Benjamin Brown of Middlesex in the State of Mass who was a Private in the Company commanded by Captain Edge of the Regt commanded by Col. Robinson in the Mass line for 21. Mts. Prov. of Arty in Sept
Mass. 4th Regt Arty.
Inscribed on the Roll of Mass. at the rate of $112 Dollars 50 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 day of Sept 1833 and the Jane Fiske 21 Cambridge Mass
Arrears to the 4th of Sept 1835 $256.25 Pension allowance ending 4 Mar '34 57.25 $313.50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by N. N. Atkinson Clerk, Book 2 Vol. 2 Page 9

Commonwealth of Massachusetts.
Middlesex ss.
On this twelfth day of September in the year our Lord one thousand eight hundred and thirty two, personally appeared in open Court, before the Honourable Judge of the Court of Probate, in and for the County of Middlesex aforesaid, now sitting, Benjamin Brown a resident of How in the County of Middlesex and Commonwealth of Massachusetts, aged eighty five 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, A. D. 1832:
That he entered the service of the United States under the following named officers, and served as herein stated:

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 any state,
Benjamin Brown We, John Langdon Sibley a clergyman, residing in the town of Stow and Rufus Hosmer residing in the town of Stow hereby certify, that we are well acquainted with Benjamin Brown who has subscribed and sworn to the above declaration; — that we believe him to be eighty five years of age: that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid. John L. Sibley Rufus Hosmer J. O. P. Ray
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 certify, that it appears to them that John Sibley who has signed the preceding certificate, is a clergyman, resident in Stow and that Rufus Hosmer who has also signed the same, is a resident in New Hampshire and is a credible person; and that their statement is entitled to credit. J. O. P. Ray
I Isaac Fisher Register of the Court of Probate in and for the County of Middlesex, do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Brown for a pension. I also certify that Moses Whitney whose own broken original is not to be found in the deposition of Samuel Gates, is a person of the peace within said county of Middlesex. In testimony whereof I have hereunto set my hand and seal of office on the day and year first aforesaid.
Isaac Fisher Reg of Probate Middlesex ss. I Isaac Fisher Register of the Court of Probate aforesaid hereby certify that the papers herein connected, contain the original proceedings of the said Court of Probate in the matter of the application of said Benjamin Brown for a pension. In testimony whereof I have hereunto set my hand & connected said papers under the seal of said Court this twenty first day of August 1837 Isaac Fisher Reg

I Benjamin Brown of Attaw in the County of Middlesex Commonwealth of Massachusetts do declare and say that I was born in said Attaw on the 22 d of August old style in the year 1747 and that I enlisted as a soldier in the Town of Attaw on or about the first of January in the year 1776 for three months under Capt. Benjamin Dyer Lieut. Benjamin Munroe and Francis Hall ensign and marched to Cambridge near Boston and there joined Col. Robinsons Regt and was stationed there till I was dismissed which was the last of March following.
I also enlisted in said Attaw on the 20 th day of August in the year 1776 as a sergeant in Capt. Caleb Brock, Company Lieut. John Richardson and ensign Gaby Brown were the Subaltern officers and went into Col. Nicholas Dike's Regt and served in Boston till the last of Feb y or the first of March following when I was dismissed.
I also enlisted went as a substitute for Thomas Gates who was drafted in said Town of Attaw for three months on or about the first of January 1778 and marched to Providence in the State of Rhode Island under Capt. Benj t Munroe Lieut. John Mayes and ensigns Lewis Brigham and went into Col. Perry's Regt and staid there and at Kingston until the first of April following when we were dismissed.
I also enlisted as a soldier in the Town of Attaw in the month of June 1778 in the artillery under Capt. John Gill Paul Revere and a

Mr Hoales Lieutenant in Col Thomas Crafts Regt and marched to Boston and staid there sometime, we then marched to Rhode-Island and was there in the battle when Genl Sullivan was defeated - we then marched back to Boston and was there discharged in the month of Feb 1780, where discharge I have lost and further I say not
Benjamin Dyer
[Faint, mirrored bleed-through text from the reverse side of the page, mostly illegible]

17392 Wm Brown Mass
Supt 3 Mr Pmt July 21 24
Oct 14 1846
June 7 1833
P. 116 87.50 15.00 102.50 205.00 51.25- 256.25
Dane Fiske Middlesex Co Mass

BRIEF in the case of  Benjamin Brown  County of Middlesex  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? 85 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.     Enlist In 1776 about 3 — private Genl Sullivan   Sub. 1778 — 9 — Sargent Capt Edg d Col Robinson   Enlist 1778 June 1 19 artillery not stated Brook, Dikes   Capt Monroe. Col Perry   Capt Gill. Col Brooks  
 5. In what battles was he engaged? at Rhode Island  6. Where did he reside when he entered the service? Town of Storr Massachusetts  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Documentary & 2 witnesses + witness list up to service 1677.  8. Are the papers defective as to form or authentication? and if so, in what respect? Not properly attached 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Forlagett
Examining Clerk.

29 666 Reg INVALID.
File No. 29,666
Benjamin Brown Sergt Rev War
Act: June 7 th 32 nd
Index:—Vol. 9 , Page 53
[Arrangement of 1870.]

Commonwealth of Massachusetts.
By His Excellency LEVI LINCOLN , Esquire Governor and Commander in Chief in and over said Commonwealth.
To all whom it may concern:
Know Ye, That William Makepeace
is a Justice of the Peace for the County of Norfolk,
Levi Lincoln
in the said Commonwealth, duly constituted and commission- ed, 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 caused the Public Seal of the Commonwealth to be hereunto affixed, this fifteenth day of September A. D. 1832, and in the Fifty Seventh Year of the Independence of the United States of America.
By His Excellency the Governor.
Edward D. Bangs Secretary of the Commonwealth.

Commonwealth of Massachusetts. Norfolk County ss. Sept. 1st. 1832.
I James Dunton of Southboro' in the county of Worcester, now residing in Fram- lin, in the county aforesaid, aged seventy years, do depose & say, that Benjamin Brown of Stow in the county of Middlesex, did enlist, in the month of June A.D. 1778, into Capt. John Gilt's company, to which I belonged, & did stay in said company with me, one year & ten months, & in Col. Crafts Regiment till the Regiment & company to which said Brown belonged, were disbanded.
Said Brown was stationed through the campaign at Boston, excepting being detached to go to Rhode Island at the time of the Battle in which said Brown was engaged, & was absent from Boston about five weeks.
James Dunton
Norfolk ss. Sept. 1st. 1832. Then the above named James Dunton made solemn oath that the above Deposition by him subscribed is true.
Before me, Wm Makepeace Jun r , Justice of the Pe-

I William Makepeace Junr before whom the within named James Denton made oath to the truth of the within affidavit, hereby certify that the said James Denton is a credible person & entitled to belief -
W m Makepeace Junr. Justice of the Peace

Samuel Gates Testify and say I was a private soldier in the Rebelion Army in the Company Commanded by Capt Benjamin Munroe, and in the Regiment Commanded by Colonel Perry. Benjamin Brown was a private soldier in the same Company. I marched to Rheadstown about the first of January 16/77. Benjamin Brown came into the company about a fortnight after as a substitute for Thomas Gates, we were both discharged the last day of March 16/77. and further the Deponent saith not
Samuel Gates
Middletown, N.Y.
September 10 th 1882
Then the above named Samuel Gates personally appeared and made solemn oath to the truth of the foregoing deposition by him subscribed
Before me Moses Whitney Just Peace
I Moses Whitney before whom the above named Samuel Gates made oath to the truth of the above deposited hereby certify that he said Samuel Gates is a man of credibility & entitled to belief.
Moses Whitney Just Peace

Commonwealth of Massachusetts.
Secretary's Office, August 19, 1833.
* hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Benj r Brown as a Sergeant, is borne on a Muster Roll of Capt. Caleb Brooks' Company, in Col. Dikes' Regt. from Decem r 5 th 1776, to Feb y 28 th 1777. where he is allowed thru months, 3=
Being Brown's name is found in a Book of accounts, where he has credit for services under Capt Cushing, in Col Revere's Regt. from May 11 th 1777 to December 31 st 1779. thirty one months and twenty days. ————— 31=20
Benj Brown's name is also found on an Abstract of the Pay due the Company of Artill y commanded by Lieut. Col. Paul Revere. from the 5 th of January to the 8 th of May 1780. where he is allowed four months and eight days.
4=8 38=28
Edward D Bangs Secy

Commonwealth of Massachusetts Middlesex County June 29 1833 Personally appeared before me the undersigned a justice of the Peace in and for the County of Middlesex Benjamin Brown 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 two years and nine months and for such service entitled to a pension but the two first campaigns he knows of no living evidence to prove that service
Augustus Tower
Commonwealth of Massachusetts
Wadsworth J.
I Isaac Tinker Ruler of the Court of Probate in and for the County of Middlesex aforesaid, hereby certify that Augustus Tower above named before whom the aforesaid Benjamin Brown has made his additional declaration, is a justice of the Peace within said County of Middlesex In testimony whereof I have hereunto set my hand & seal of office this twenty first day of August A D 1833
Isaac Tinker Ruler

Benj Brown
The Defenses are supplied to the application again forwarded for further proceedings therein. — Isaac Fiske
Isaac Fiske East Cambridge 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 Benjamin Brown which require further proof or explanation.
I. Does the declaration show where the applicant resides? ys II. Did the declarant make the declaration in the county where he resides? ys 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? ys 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? ys VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? ys VIII. Has the Court given their opinion? ys IX. Has the Clerk given his certificate? ys 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? ys

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? documentary & = 2 living witnesses, neither certified to be credible
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? No
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? 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. 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.
A mule advisable for Mr. Brown to apply to E. D. Bangs Esq. for proof of his services in Col. Crafts Regt.