Revolutionary War Pension and Bounty Land Warrant Application File S. 29703, Earl Church, Mass.

SERVICE
NUMBER
Mass-
Church, Earl
S-29703
CONTENTS

5080
Massachusetts
Earl Church
of Rochester in the State of Mass who was a Seaman Private in the company commanded by Captain Bazger of the Inf y commanded by Col Hall in the Mass line for 6 Mos 18 th Private 6 " Seaman }
74 Plymouth
Inscribed on the Roll of Mass at the rate of 15 Dollars 99 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 st day of Feby 1833 and sent to Earl Church St. Louis Plymouth Mass.
Arrears to 4th of Sept 1832 $68.98 Pension allowance ending 21 Mar 33 22.99
$91.97
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded By J. H. S. Blair Clerk Book 5, Vol. 2 nd Page 94.

Commonwealth of Massachusetts County of Plymouth
On this fourth day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared before the Court of Probate held at Rochester within and for the County of Plymouth. Earl Church , a resident of Rochester aforesaid, in the seventy third year of his age, having been born at said Rochester Sept r 6 th 1759 who being first sworn according to law, doth on his oath make the following declaration in order to obtain the benefits of the provision made by the Act of Congress Dec r 7. 1832. That in the autumn of the year A.D. 1776 the time he cannot state with pre- cision he became a member of a company raised by the State of Massachusetts in the war of the Revolution, with whether he enlisted or was drafted he is uncertain, tho' he thinks, drafted. The company was raised for two months. The officers of the company were Joseph Parker of Rochester captain; Samuel Savage then of Wareham, now of Fair Haven, and John Merrill of Rochester, subalterns. He He does not recollect that the company were all together until they met at Fair Haven, at which place they took boats and were conveyed to Rhode Island. The time for which the company was raised was served out at Newport and on an island in the harbor called the he thinks fort island. He was in no engagement, and does not remember any of the general or field officers. Samuel Savage one of the subaltern officers, Lot Thatcher, and Allen Merrill privates of the same company, are still living. He was dismissed at New- port at the termination of the enlistment, but had no written discharge.

in the year 1777 In the month of May or June, he thinks the latter part of the former month, he entered on board the Defiance, a ship belonging to the state of Connecticut, and the leader of the State of Massachusetts. When lying in Acushnet river, then Dartmouth, near Nant Bedford. He Samuel Smalley of Connecticut captain. Lieutenant
Plan of the Vineyard. Second lieutenant or sailing master. He cannot be certain how many guns on her main deck, and about one hundred and twenty men. He thinks the term of service was six months . She sailed from the Acushnet on a cruise, he thinks the latter part of June, in the direction of the West Indies. After being some time out she spoke with a ship from the Jamaica homeward bound fleet and pursued it a number of days, and to the eastward of the Grand Banks, and came in sight of it; but owing to the roughness of the weather the chase gave over. She afterwards cruised on the track from the West Indies to Great Britain, but made no prize. In the fall of the year she put into Boston, when the cruise was paid off and discharged. When we arrived at Boston we heard of the capture of Burgoyne's Army; so that it must have been just the middle of October when she arrived. Timothy Meigs of Roxbury and Gideon Newman of Roxbury who were on board in that cruise are still alive.
Very shortly after my return from the cruise aforesaid, he was drafted into a company raised by Massachusetts to serve in Rhode Island. The company was raised for one month , and was commanded by Samuel Briggs captain, and Timothy Haskell of said Roxbury was one of the subalterns. The company went to Tiverton where it was stationed and remained during the term for which it was raised, and was discharged at Tiverton. He had no under-officers. Col. Neil commanded the regt; - He does not remember any active field or General action. Col. Ebenezer Dyer was deceased, Samuel West was and Gideon living were in the company; and I have no doubt Gideon Newman, still living was a member.

ber of the company, tho I can not call recast him to my recollection as such. The weather had become very severe before we were discharged, and the frost killed large quantities of cabbages that came ashore into. The last mentioned service was called General Spencer's expedition.
In the spring of 1780 a company of militia was raised by Major Spence for the term of three months. Jonathan Hipp then of Dartmouth in the county of Bristol was drafted as a member of it. The declarant entered the company as his substitute to perform the duty for which he had been drafted. He has no recollection of any of the officers except Lieutenant Winthrop, who then belonged in said Rochester, who was full lieutenant. The company was ordered to Castle William, in Boston harbor, where its term of duty was performed, and the company was dismissed. They were engaged the most of the term in repairing the fortifications on Castle Island. Some cannon were removed from thence to Governor Island. He was engaged in no battle; has no recollection of any field affairs. The declarant feels confident that the term of duty was then more than two months, but it might have been but two.
The declarant was born in the town of Rochester in the year 1759 and has always resided in said town. His birth is in the Town Records of said Rochester. He has no documentary evidence of his services except the Depositions herewith annexed. He is well known to the Rev Jonathan Bigelow & Charles J. Holmes Esq & the other good citizens of the said town of Rochester.
He hereby relinquishes every claim whatever to a pension or annuity except the present & declares that his name is not on the pension roll of the Agency of any State,

The said declarant omitted to state in its proper place the following service, He was hired as a substitute by a person whose name he does not now recollect who then lived in Tiverton Rhode Island, for thirty days. It was in the month of August 1778. It was in Col Cooks Regiment He does not recollect any other Officers. The duty was done on Rhode Island in the expedition commanded by Gen. Sullivan and he was engaged in the battle near Butts Hill. John Clerk now living at said Rochester was with him at that time. He was discharged before the thirty days He believes he served from two to three weeks.
Earle Church
Sworn to and subscribed the day & year aforesaid Attest Jacob H. Lord Register of the Court of Probate
We Jonathan Bigelow a Clergyman residing in the town of Rochester in the County of Plymouth & State of Massachusetts & Charles J. Holmes Esq of said town of Rochester hereby certify that we are well acquainted with Earl Church who has subscribed & sworn to the above declaration, that we believe him to be Seventy two years of Age; that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. Jonathan Bigelow.
Charles J. Holmes
Sworn to and subscribed the day & year aforesaid
Attest Jacob H. Lord Register
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 Jonathan Bigelow who has signed the preceding certificate is a Clergyman resident in the town of Rochester and that the Hon. Charles J. Holmes who has also signed the same is a resident in the same town and is a

counsellor at Law and late a Senator from this County in the State Legislature and is a credible person and that their statement is entitled to credit.
By the Court Attest
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 Earl Church for a Pension.
In testimony whereof I have hereunto set my hand & the Seal of said Court this fourth day of August in the Year of Our Lord one thousand eight hundred and thirty two. —
Jacob H. Lord

5801 Earl Church
Private 6 Mo + 18 day Seaman 6 do
12 18
adm
2
44 1/2 1 98
45 99
Jack H. Lord Plymouth Mass

BRIEF in the case of of Rochester
Earl Church in the State of (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? 73 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.     Fall In 17 76 " 2 " Private Gen. Capt Parker,   May 77 Years 6 " " Seaman Capt Angell Ship Defiance   Fall 77 " 1 " Private Capt Briggs Col Hall   Spring 80 " 3 " " St Minslow   Aug 78 " " 18 " Col Cook  
 5. In what battles was he engaged? none stated  6. Where did he reside when he entered the service? Rochester  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witnesses,  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. H. Addison Examining Clerk.

29 703 REVY INVALID.
File No. 29, 703
Earl Church
Pit Samer Rev War
Act: June 7 th 32 nd
Index:—Vol. 2, Page 70
[Arrangement of 1870.]

Earl Church 5801
Jacob W. Lord Plymouth 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 Earl Church 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? Ys
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? Ys
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? Ys
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? Ys
XVI. ‡Are the papers authenticated as the regulations direct? Ys
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Ys
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 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 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.

I Lt Thatcher of Rochester in the County of Plymouth and state of Massachusetts, legally qualified to give evidence testify and say That in the autumn of 1776, I was a member of a Company of Militia raised by the state of Massachusetts in the towns of Waismann and Rochester for the term of two months. Joseph Parker of Rochester Captain, Samuel Lacey then of Waismann first and John Mellen of Rochester, subalterns. The company marched out at Rochester, marched to Fair Haven and then took boats to Newport Harbor where we landed, and at Newport and Fort Island in Newport harbor we remained till the term of enlistment expired. I do not recollect who were the field or general officers. I am unable to state the month we were dismissed. Paul Church of Rochester was a member of the company, went with the company, did duty the whole term therein and was discharged with the rest.
Sworn to Aug t 2 Commonwealth of Massachusetts. Lt Thatcher Physn ff Aug t 2 1832 Lt Thatcher personally appeared and made solemn oath to the truth of the foregoing deposition by him subscribed before me the undersigned. And I certify that I am acquainted with the deponent, that he is of good character for truth and ability to succeed. Charles H. Warren Jr. Proves.
I Timothy Hall of Rochester in the County of Plymouth and state of Massachusetts, legally qualified to give evidence testify and say, That in the month of May or June, last I think May, 1777 I entered on board an Armed Brig, in the service of the state of Massachusetts, called Defiance. Samuel Smedley of Connecticut Captain a man by the name of Angel Lieut and Raw second Lieut a sailing Master. At the time I entered she was lying in Buzzards Bay, then Dartmouth, since New Bedford

The vessel in June a July on a cruise in the direction of the West Indies, but learning from a vessel that she spoke that the English Jamaica fleet was on its homeward bound passage, she went in pursuit of them and came in sight of it. She pursued it till, by the roughness and tempestuousness of the weather further pursuit became hopeless. The cruise was continued till autumn, when she put into Boston and the men were discharged. When we arrived in Boston we heard of the capture of Gen. Burgoyne and his army. The enlistments were for six months or the cruise, I am not certain which. We were paid our wages when we were discharged. We took no prisoners that were condemned. We went in our vessel, but she proved to be American property. Sarah Church of said Rochester entered on board said brig about the same time that I did, went in her during the cruise, performed duty, was paid and discharged at Boston with the rest of the crew.
June 6 Aug 2
Commonwealth of Massachusetts
Timothy Hillen
Wym of Aug 3 1832 Timothy Hillen appeared and made solemn oath to the truth of the above deposition by him subscribed before me the undersigned. And I certify that I am personally acquainted with the deponent, that he is of good character, intelligence and intellect to credit
John Warner Esq. Clerk
I Gideon Hall second of Rochester aforesaid, legally qualified to give evidence testify and say that I was on board said brig Defiance on the cruise named in the foregoing deposition of Timothy Hillen in 1777, and that the facts set forth in said deposition relative to her cruise, its commencement, progress and conclusion; the services on board of her by said Church of said Rochester, the payment & discharge of

crew in Boston are true. In the fall of the year I think October, 1777 a company was raised by Major the reels of which Samuel Briggs of Rochester was captain, John the Walker and, I think, Solomon Young, were subalterns. The company was ordered to Tiverton R. Island, where it assembled. It remained at Tiverton during the time for which it was raised, one month, and never then discharged. I think Col. Hall of Providence that neighbor hood was Col. of the reg t . I do not recollect the Earl Church as a member of the company, but from a variety of circumstances I have no doubt he was, and performed duty during the time of service.
Given under my hand this 3 rd day of August 1832. I hereby certify that I am personally acquainted with the deponent, that he is of good character for truth, & entitled to credit.
Charles H. Holmes. Deo. Recem.
I John Clark of Rochester aforesaid, legally qualified to give evidence testify and say that in the month of August in the year of our Lord one thousand eight hundred and twenty six the Rev. Church of Rochester entered the American Army, then on Rhode Island as a substitute for some person, whom I have forgotten. The term of enlistment was, I think, for one month, unless sooner discharged. He served till after the battle on Rhode Island, in Successes expectation, and until the American forces withdrew from the Island. He was in the engagement when the British forces occupied Quaker hill and the American forces Butts's hill. Shortly after the battle he was discharged. He did not serve a second time, perhaps not more than half a month. He went, served, and returned together.
Witness my hand this 3 rd day of August 1832. I hereby certify that I am personally acquainted with the deponent, that he is of good character for truth & entitled to credit.
John Clark. Deo. Recem.

Commonwealth of Massachusetts Plymouth Ys. I Jacob H. Lona Register of the Court of Probate for the County of Plymouth, being a Court of Record, do hereby certify that Charles J. Holmes Esquire before whom the four foregoing affidavits were sworn is a Justice of the Peace for the County of Plymouth & that I believe his name subscribed to the several forego- ing certificates is his true & genuine signature.
In testimony whereof I have hereunto set my hand & the Seal of said Court this fourth day of August in the Year of our Lord one thousand eight hundred and thirty two. Jacob H. Lona
Earl Church 558 St.