Revolutionary War Pension and Bounty Land Warrant Application File S. 17374, Benjamin Davis, Mass.

SERVICE
NUMBER
Mass.
Davis, Benjamin
S. 17374
CONTENTS
carded

152413,
Massachusetts
Benjamin Davis
of Middlesex in the State of Massachusetts who was a Private in the company commanded by Captain [blank] of the [blank] commanded by Col d Bridge in the [blank] line for 10 (May 24) Days
Muh
81 Middlesex
Inscribed on the Roll of [blank] at the rate of 36 Dollars [blank] Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of June 1830 and sent Hon J. Nelson [blank]
Arrears to the 4th of Mar 1833 $72- Femant. allowance ending 4 Sept 1833 18- $90-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H N [blank] Clerk, Book [blank], Vol. 2, Page 17.

Commonwealth of Massachusetts.
County of Middlesex ss.
On this seventeenth day of August A.D. 1832 personally appeared in open Court before the Court of Common Pleas  Probate , now sitting at Concord within and for the County of Middlesex in the Commonwealth
aforesaid Benjamin Davis of Billerica , in said County aged Seventy nine years & Commonwealth aforesaid -
Who being 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 1832. That he entered the service of the United States, under the following named officers, and served as herein stated. That is to say -
On the morning of the 19th of April in the year 1775, the alarm being given, he repaired to Concord as one of the militia men - was in the skirmish with the enemy & in their retreat followed them back to Cambridge - in about a week afterwards, he enlisted at Billerica, under Lt John Lewis, to go to Cambridge for eight months; marched forthwith to Cambridge, was there attached to Capt Jonathan Stickney's company. Lt. Elijah Dousworth & Lt. John Lewis. One Stearns, was V. Surgeant. - was attached to Col Ebenezer Bridger's Regiment - served out his eight months & returned home to Billerica in December - while there was stationed a Prospect Hill - worked on the fort - Col Bancroft was then Genl. Putnam, also he thinks Genl. Lee was there - Genl. Washington arrived & took command. In 1778 on the first of January, he again enlisted at Billerica for the term of three months to go to Boston - under Capt Edward Larmer of Billerica. Lt. Bay & Warran of Chelmsford, was attached to Col Siras Regiment - was stationed in Boston about the first half of his engagement & then the small pox raged so, that the troops were ordered over to Dorchester - served out his three months, excepting about one week that one Gooch took his place for him.
Has no documentary evidence - now receiving any discharge

He relinquishes every claim, whatever, to a pension or annuity, which 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 aforesaid
We
Benj d Davis
Nathaniel Whitman a Clergyman residing in the town of Bellevue in the county of Middlesex . Samuel Whiting — of Bellevue hereby certify that we are well acquainted with Benjamin Davis who has subscribed and sworn to the above, and that we believe him to be seventy years of age, that he is reputed and believed in the neighborhood, where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid,
Nathaniel Whitman Samuel Whiting
And the said Court do hereby declare their opinion, that after the investigation of the matter, and 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 Nathaniel Whitman who has signed the preceding Certificate is a Clergyman resident in the Town of Bellevue  Samuel Whiting who has also signed the same is resident in said Bellevue and is a credible person, and that their statements are entitled to credit.
J. P. P. Gay Clerk of the Court of Probate in the said 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 Davis for a pension.
In testimony whereof, I have hereunto set my hand and seal this seventh day of August in the year of our Lord one thousand Eight hundred and thirty Two
Isaac Fish
I also certify that Marshall P. Morton Esquire whose true proper signature, is set to the certificates to the Depositors hereto annexed, is a justice of the Peace in the said County of Middlesex In witness whereof I have hereunto set my hand & seal of office, this seventh day of August A.D. 1832.
Isaac Fish

Commonwealth of Massachusetts.
Middlesex, to wit,
At the Court of Probate begun and holden at Concord within and for the County of Middlesex on the Seventeenth day of August A. D. 1832. On the application of Benjamin Davis claiming to be a Soldier of the Revolution, the following Interrogatories were propounded to him to wit:
1. Where, and in what year were you born?
Answer, In Billerica - June 26 th 1753-
2. Have you any record of your age, and where is it?
Answer, His Birth is recorded in the Town Records of said Billerica
3. Where were you living, when called into service, where have you lived since the Revolutionary War, and where do you now live? Answer,
Lived in Billerica at the time, been listed here always lived there excepting about 2 years, he lived in Chelsea, Ind.
4. How were you called into service, were you drafted, did you volunteer, or were you a substitute, and if a substitute for whom? Answer, -
Went to Concord on the 19 th of April, 1775, as one of the minutemen - The other term, volunteered, there being a call for soldiers - he volunteered & enlisted.
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 service? Answer,
Genl. Putnam - Col. Ebenezer Dyer - Col. Bakers Regiment Maj. Genl. Lee - Col. Sims of Boston -
6. 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? Answer,
Rev. Nathaniel Whitman. Samuel Whiting Esq. John Baldwin Esq. Hon. Joseph Locke. Benj a Dyer
Middlesex. In Probate Court Augt. 17, 1832
Signed to in open Court
Isaac Fisher Pres. of Prob.

Extract from Billerica, Iowa Records, relating to the Birth of the aforesaid Benjamin Davis, viz - "Benjamin son of Joshua & Hannah Davis was born June 26 th 1753"
A true Copy of Record
Attest. Marshall Preston Iowa Clerk of said Billerica Aug. 16 th 1832

17.374 INVALID.
File No. 17.374
Benjamin Davis
Pre Rev War
Act: June 7 th 82
Index:—Vol. 1 , Page 422
[Arrangement of 1870.]

Commonwealth of Massachusetts Middlesex County, ss. -
Personally appeared before me, the undersigned, a Justice of the Peace, within & in said County of Middlesex Benjamin Davis of Billerica, in said County of Middlesex, who being duly sworn, deposeth & 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 Eight Months, in the year 1775, at Cambridge, and in the vicinity of Boston, as a private , I served as a private -
For Two Months and Twenty four Days, in the year 1778, I served at Boston & Dorchester, as a private & for which terms of service I claim a pension -
Benj o Davis
Sworn to & subscribed, this 26 th day of March, A.D. 1833
Before me Marshall Preston Jus. of the Peace
I further certify that the above named Benjamin Davis, is the same person, who made oath to, and subscribed the original declaration to which this is annexed.
Marshall Preston Jus. of the Peace

Commonwealth of Massachusetts. Middlesex County. ss.
I Isaac Fiske, Register clerkly of the Court of Probate within & for said County of Middlesex, do hereby certify that Marshall Preston Esq, whose own proper signature is set to the captions of the affidavit & depositions, hereto annexed is a justice of the Peace within & for said County of Middlesex
In testimony whereof I have hereunto set my hand & seal of Office, this nineteenth day of April A.D. 1833. Isaac Fiske

Ben L Davis 7116. Application -
See Mrs. Wilkey before in my room -

I Francis Stillridge of Tewksbury in the County of Middlesex & Commonwealth of Massachusetts of Seventy years of age on oath testify to say, that in the month of January A.D. 1778, I enlisted as a soldier in the army of the Reconstitution for the term of three months, to go to Boston, & served that term at Boston, Dorchester Heights & Bunker Hill, under Capt Edward Larmer of Billerica, St. Lawrence, - that Benjamin Davis of Billerica in said County, enlisted into said Company & served the same term of three months with me in said Company, as a private - that I was well acquainted with said Davis, at the time I have been ever since -
his Francis X Stillridge mark.
Middlesex ss. August. 8 th 1832 - Then personally appeared the above named Francis Stillridge, who is a credible witness above named and made oath to the truth of the above Deposition by him subscribed
Before me
Marshall Preston Justice of the peace -

Peter Hunt's
Sepa-ja
Prof. Davis-

I Peter Hunt of Leominster in the County of Middlesex & Commonwealth of Massachusetts, of Seventy nine years of age, testify & say that Benjamin Davis of Bellows Falls, was a soldier, with me in the Eight months service, in 1775, at Cambridge in Capt Jonathan Stickney's company, Lt Elijah Dinsmore, & Lt. John Lewis, attached to Col Ebenezer Bridges Regiment - Peter Hunt
• Middlesex ss. July 30 th 1832 Then personally appeared the above named Peter Hunt, who is a credible witness & made oath to the truth of the statement by him above subscribed
Before me Marshall Preston Justice of the Peace

7116
Benjamin Davis
Return this with the habits
Prints 10 Mar 24 days.
Capt Stockman's Camp Col. Bragg's Post Map
5.10 —
$36.
Horace Nelson

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 Davis 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? No 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? 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? 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? yes 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? yes XVI. ‡ Are the papers authenticated as the regulations direct? Ch 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.