Revolutionary War Pension and Bounty Land Warrant Application File S. 30,280, David Boyce, Continental Mass. Sea Service Mass.

SERVICE
NUMBER
Continental
Boyce, David
B. 30,280
Mass. Sea Service
Mass.
CONTENTS

10.507. Massachusetts
David Boyce
of Essex in the State of Mass who was a Pirate in the company commanded by Captain Brown of the Regt commanded by Col. Hutchinson the 2nd Regt
time for 13 Mo 6 Days Pirate 7 " 21 " Seaman 3 " Steward
Inscribed on the Roll of Pensions at the rate of 90 Dollars 19 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 th day of April 1832 and sent to David Merrill Salem Mass
Arrears to the 4th of June 1833 $180.38 Semi-annual allowance ending June 4th 45.09 225.47
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. Blair Clerk, Book 12. Vol. 20. Page 5.

David Bryce
No 3179
Please send answer to
Memoranda
Salv. 1

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this fourteenth day of August A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, David Boyle , a resident of Salem , in the County of Essex and State of Massachusetts, aged 83 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:
1. He served all the year 1776 in Capt Nathan Brown's Company in Col Israel Hutchinson's Regiment in the Massachusetts line in the continental establishment, as has been proved already in 1818 when he was placed on the Pension roll Mass'ts Army. His name has been dropped on acct. of property: Pension Certificate N: 1128 dat June 30. 1818 2 He served as a Seaman on board the armed Brigantine Massachusetts in the service of Massachusetts from Feb. 22. 1777 to Oct. 16. 1777: = 7 mo. & 24 days. Capt John Fisk was Commander. 3 In the summer of 1778 he again enlisted in a Company of Massachusetts Militia under Capt Flagg of Salem his Colonel he cannot recollect, and marched to Rhode Island and served about Six weeks, the exact space of time he cannot remember. 4 He again in 1779 served as Steward of the Ship Black-Prince , Nathl West Esq. Commander in the service of Massachusetts in the Expedition to Penobscot and was absent on the same about Three months.

He was born in 1749 at Salem - has all his life lived there - always entered at Salem as a volunteer - has no record of his age - never had any written discharge - is known to Rev John Brozer Honble Judge Putnam & others in his vicinity who can testify to his character for veracity & their belief of his services.
His name is sometimes spelled "Boies" as in the annexed Certificate: but he is the same person named in said Certificate.
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.
David Boyle
Sworn to and subscribed the day and year aforesaid
J. W. Write JUDGE OF PROBATE.
We, a clergyman, residing in aforesaid, and Esquire, a magistrate, residing in aforesaid, do 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.
Subscribed and sworn to before

And the said Court hereby declares its 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  who has signed the preceding  Certificate, is a Clergyman resident in  and that the said  who  has also signed the same is a Magistrate resident at  and is a credible person and that  their statement is entitled to credit.
edit. Dr A W Nite Judge of Probate
I Benjamin Browninshield Esquire of Danvers oath lay That David Boyce now of Salem served about three months on an expedition to Pmobscot from Mass t s as steward or mate on board the armed Ship Black Prince, Capt. West I was sent on board the same vessel. Benj Browninshield
Subscribed & sworn to before Brinsley J. Neale
I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of David Boyce for a pension, and that Benjamin Merrill is a Justice of the Peace and his signatures on the annexed affidavits are genuine.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this fourteenth day of August , A. D. 1832. Keith Jordan
Dear Lord,
Signed and sealed anew this tenth day of December, A.D. 1832.
W. H. Lord Jr.

Darius Boyce
Mass
Private 13 Mo & 16 days
Seaman 7 24
Steward 3 -
24.
W. G. E.
The instructions contain in the 16 interrogatories not coupled with
$90.19
Bois Merrill Salem Mass

BRIEF in the case of David Joyce or Boies of Salem of Essex in the State of Mass. (Act 7 June, 1832.)
 1. Was the declaration made before a Court or a Judge? alms of Probate  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? —  3. How old is he? 83  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.     all the year 1776 X 1 — — private Capt. Nathan Brown - Col. Hutchinson Continental   1777 July 22 - to Oct 16 1777 — 7 24 seaman Armed Brigantine Massachussetts   summer of '78 — about 42 private Capt. Hagg   In '79 about 3 — steward Ship Black Prince - Capt. West  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Salem  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? several - and documentary proof  8. Are the papers defective as to form or authentication? and if so, in what respect? except that there is no clergyman's attestation all right - (I think) 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.  M. B. Easton Examining Clerk.
* as was proved in 1818 when he was placed in the Pension Roll from which he was struck on account of property - see Pension Certif. No 1128. June 30. 1818. # His name properly spelled is Boies

3179
David Boyce
B Merriam Salem 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 David Doyce 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? 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? — 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, 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 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.

J. Samuel Ropes Esq. of Salem in Mass ts . on oath testify that in 1778 David Boyce served about 6 weeks in summer on a cam- paign to Rhode Island from Massachusetts in Capt. Hagg's Company of Mass ts Militia.
I served at the same time.
Sam l Ropes
State of Massachusetts Essex ss: Aug t 6. 1832. Then the above named Samuel Ropes Esq. a credible & disinterested witness subscribed and made oath to the above before
By Merrill Inst. Peabody

I Nathaniel Knight, of Salem Massachusetts on oath testify, that I am 78 years old and know David Boyce, or Boies, now of Salem: he and I are old acquaintance: in 1777 I was at sea in Brig Hampden of this port, and on one voyage we fell in with Brig Massachusetts John Fisk Esq. Commander - we spoke each other & lay too and a number of the crew swam on board of our Brig to inquire the news from home. I well recollect that David Boyce was one then / coming on board the Massachusetts. She was a State's ship. Nath l Knight
State of Massachusetts Essex County ss: Aug. 4. 1832 Then the said Knight subscribed and made oath to the above before me J. E. Merrill Dist. V ce
"Brig" was inserted by me in- stead of "ship" before signing P.M.

Dec. 8. 1832.
I certify that the within named Nathaniel Knight is a credible and disinterested witness
By Merrill G. Noble
Rev. Mr. Pierce

J. Nathaniel West Esq of Danvers in Massachusetts, on oath testify,
That David Boyce now of Salem, an aged man served in the Expedition from Massachusetts against the British at Penobscot in 1779. He was a fellow townsman of mine and I have known him from that time to this. Nath West
Essex ss: Aug t 6. 1832 Then Nathaniel West Esq, a credible & disinterested witness, subscribed and made oath to the above before
J. Merrill Inst t Clerk

I, John Brazier, a Clergyman residing in Salem aforesaid do hereby certify that I am well acquainted with David Boyle, who has subscribed & sworn to the above Declaration: that I believe him to be 83 years of age: and that he is reputed & believed in the neighborhood where he resides to have been a Soldier of the Revolution & I concur in that opinion.
Subscribed & sworn to before J. E. Merrill Dist. Peace.
J. Brazier
J. Brazier
I certify that said Brazier is a credible person and his statement is entitled to credit
D. H. Fite Judge of Probate
E/6286/3: Nov. 22. 1832 I certify that Nathaniel West Esq. and Benjamin Browninshield Esq. who have signed the annexed Affidavits are credible and disinterested Witnesses.
J. E. Merrill Dist. Peace

Commonwealth of Massachusetts.
Secretary's Office, July 31 1832.
I 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
David Boies served as a Seaman in the Armed Brigantine Massachusetts in the State Service, from Feb. 22. 1777, the date of his enlistment, to October 16. 1777, when the Crew of said vessel was discharged.
Edward D. Dangs. Secretary.

To the Honorable Samuel Putnam, one of the Judges of the Supreme Judicial Court, of the Commonwealth of Massachusetts.
David Boyce of the Town of Salem, in the County of Essex, Commonwealth aforesaid,
Respectfully represents,
That he served in the war of the Revolution for the term of one year, as a private soldier on the continental establishment, that he entered the service on the first of January, in the year of our Lord one thousand seven hundred and seventy six, that he then joined the army stationed at Winter Hill, in Charlestown in the neighbourhood of Boston and belonged to the company commanded by Capt. Nathan Brown of Salem, now deceased, in the Regiment commanded by Col. Israel Hutchinson of Danvers, now also deceased, and in the Massachusetts line; that he served in the said company faithfully until the first day of January in the year seventeen hundred & seventy seven, when he was regularly honorably discharged; that at the time his term of service expired, he was attending the sick of the army in the vicinity of Morristown in the County of Morris, in the State of New Jersey; that he afterwards entered on board the "Massachusetts Brig," served seven months on board the same; — And the said Boyce further represents that by reason of his reduced circumstances in life, he is in need of assistance from his Country for support, and no pension has ever been allowed him by the laws of the United States to his knowledge, and he hereby relin-

quishes all claim to any such pension.
Wherefore he prays that he may be allowed a pension of eight dollars a month during life, pursuant to the provisions of the Act entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War," that this petition or declaration may be certified transmitted to the Secretary of the Department of War. And as in duty bound will ever pray.
David Boyce
Salem April 6th - 1818.
I George Leach of Salem aforesaid do on oath depose & say, that I am well acquainted with David Boyce, whose name is above subscribed, that I was a private soldier in the company commanded by Capt. Addison Richardson (deceased), in the Regiment commanded by Col. Israel Hutchinson (deceased) during the whole time that the said Boyce served in the company commanded by Capt. Nathan Brown (now deceased) in the said Regiment, that I was then well acquainted with the said David Boyce, that the facts above stated by him are to my knowledge true, & the said David Boyce did serve as a private soldier in the company commanded by said Nathan Brown against the common enemy for one year ending the first of January in the year one thousand seven hundred & seventy seven, when his term of service then expired, he was honorably discharged - and the said David afterwards served on board the Massachussetts Brig. I served in the Tyrannicide Capt. Harradon - & the said Boyce served in the "Massachussetts Brig" comm? by John Fiske Esq. - the same day in 1777. —
his George X Leach mark —
Signed before S. Putnam J.S.J. Court.

Commonwealth of Massachusetts.
On this sixth — day of April in the year of our Lord one thousand eight hundred eighteen, David Boyce named in the said within Petition and declaration, personally appeared before me Samuel Putnam, one of the Justices of the Supreme Judicial Court for the Commonwealth of Massachusetts, and made solemn oath to the truth of the facts stated in the within Petition and declaration subscribed the same; and it appearing to my satisfaction that the said David Boyce served in the revolutionary war on the continental establishment against the common enemy for a longer term than nine months — I hereby certify & transmit the testimony in the case, & the proceedings had thereon to the Secretary of the Department of war.
Given under my hand & the seal of the said Court this sixth — day of April in the said year eighteen hundred & eighteen.
S. Putnam Just ? S. J. Court of Mass ?
Additional Affidavits.
I John Pope, of Salem, Mass ts , on oath testify that David Boyce now of Salem was a Soldier in Col. Hutchinson's Regiment on the Continental establishment in the year 1776 — I knew him in the service at Whitehill in Jan'y 1776 and afterwards in the State of New York the same year, and I have no doubt he served all the year 1776 — He is now very poor.
John Pope
I Frederic Breed Esq r of Lynn in Mass ts on oath testify that I was a Lieutenant in Capt. Ezra Newhall's Company in Hutchinson's Continental Regiment in the year 1776 and I well remember David Boyce now of Salem enlisted for a year in Capt. Brown's Company in said Regiment and served that year and was discharged in New Jersey at the end of the year — I had the care of the sick in New Jersey and Boyce assisted me —
Frederic Breed
Esq r & s: June, 12. 1818 Then the above named Col. Frederic Breed and John Pope severally subscribed and made oath to the above affidavits before me
Brig. Merrill Dist. Pac. ?

Commonwealth of Massachusetts
Essex.
I, Ichabod Tucker, Clerk of all the Judicial Courts of said Commonwealth, in and for the County aforesaid, do hereby certify that the Hon: Samuel Putnam within named is a Judge of the Court aforesaid, that the signature within is his proper hand, and that the seal affixed is the seal of said Court.
Attest Ichabod Tucker, Clerk
Essex: June, 15. 1818
I further certify that Benjamin Merrill Esq r who has certified the within affidavits of Frederic Breed Esq r and John Pope is a Justice of the Peace for said County, qualified to administer oaths.
Attest Ichabod Tucker, Clerk

Commonwealth of Massachusetts
Witnesseth: June 15. 1818 I Samuel Putnam, the Judge within named further certify that Col. Frederic Brea, George Leach, and John Pope the aforementioned deponents are credible and disinterested witnesses: That the said David Boyce served more than nine months at one period of continued service on the Continental establishment against the common Enemy, and that he is to my knowledge very poor and indigent and infirm
S. Putnam Just
S. J. Court of Mass. ?
David Boyce
65 Apr 2
Correct

30280 By INVALID
File No. 30280
David Boyce
Rev. Rev. me
Act: June 1 st 39 th
Index:—Vol. 2, Page 45
[Arrangement of 1870.]

Massachusetts Roll.
1,128
David Boyce, 4 Private, Mass Line, 4 year
In the army of the United States during the Revolutionary War.
Inscribed on the Roll of Massachusetts at the rate of 8 Dollars per month, to commence on the 6 th of April 1818.
Certificate of Pension issued the 30 th of June 1818, and sent to Saml. Putnam, Esq., Salem, Mass.
Arrears to 4th of Sept r 1818.
Semi-annual ending
4 months 29/30. $ 39.73
{ Revolutionary claim, } { Act 18th March, 1818. }
Salem Essex County,