Revolutionary War Pension and Bounty Land Warrant Application File S. 45682, Theophilus Colby, N.H.

SERVICE
N. H.
Colby Theophilus
NUMBER
S. 45682
CONTENTS

Theophilus Colby
7033
Dear Friend,
5 March 1879
Sept. 1819
Family Sciaenidae
Thank you for the note
Dear Sir,
one pack Charnock E. Easton N.H. 22 July 1820
CONTAINS NO MORE THAN ONE INTENSE OR CORROSIVE SPIRIT (such as ethanol) BY MASS PERCENTAGE OTHER THAN IN THE CELL OF A BATTERY OR THE BODY OF ANY INSTRUMENT OR DEVICE

STATE OF NEW-HAMPSHIRE.
ROCKINGHAM.....SS.
ON this sixth day July , 1820, personally appeared in open court, at Deerfield , before John Harvey & Hall Burghin , Esqrs. Justices of the Court of Common Pleas for the said County of Rockingham, being a Court of Record for the said County of Rockingham, having the power of fine and imprisonment, Nephilias Colby aged seventytwo years, resident in Deerfield , in said county, who being first duly sworn according to law, doth, on his oath declare that he served in the Revolutionary War as follows:— viz. That he enlisted in the month of December 1776 in Captain John Dins Compaeny in the Regiment then commanded by Colonel Enoch Poor in the New Hampshire line on the Continental Establishment for during the war. That he served the full term of his enlistment - the latter part of the time as Quarter Master Sergeant - That he was discharged at Newburgh in the State of New York in the month of June 1783 as will more fully appear by his original declaration made in order to obtain a pension - which declaration was dated March 31 st 1818 - That he has received a pension that the number of the pension certificate is 7033
And I do solemnly swear that I was a resident citizen of the United States on the 8th day of March, 1818; and that I have not since that time by gift, sale or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provision of an Act of Congress, entitled "An Act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary War," passed on the 18th day of March 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed, and by me subscribed. My occupation is that of a shoemaker - that I am now of sufficient ability to pursue it by reason of old age & total blindness
in family residing with me
Their capacity to contribute to their support
Subscribed in presence of O. Chadwick
Nephilias his Colby mark
Sworn to and declared at Deerfield on the sixth day of July 1820 before us
John Harvey } Justices of Hall Burghin } said Court
I, Peter Chadwick Clerk of the Court of Common Pleas for the County of Rockingham do hereby certify that the foregoing
and the schedule thereto annexed, are truely copied from the record of the said court; and I do further certify that it is the opinion of the said court that the total amount in value of the property exhibited in the aforesaid schedule, is ~ 00 ~ dollars and 00 cents. In testimony whereof, I have hereunto set my hand, and affixed the seal of the said court, on this sixth day of July , 1820.
P. Chadwick
Clerk of the Court of Common Pleas for the County of Rockingham.

SCHEDULE
CONTAINING the whole estate and income of Theophilus Colby (his necessary clothing and bedding excepted,) by him subscribed, exhibited to the Court of Common Pleas for the County of Rockingham, on the oath, viz. sixth day of July 1880, and annexed to his
Nothing
Subscribed in presence of P Chadwick
Theophilus  his  Colby mark

Theophilus Colley Private
Enlisted in Dec. 1776 at New York In Col. Poor's Regt. Ordnance
Served till close of War
Connect

I Theophilus Colby of Dunfield in the County of Rockingham and State of New Hampshire testify and declare that in the month of December in the year one thousand, seven hundred and seventy six, at Mount Independence, I enlisted into Capt. John Drew's Company in the Regiment then commanded by Col. Enoch Poor - that I enlisted as a Sergeant and for the term of the Revolutionary War - that I served in the Continental Establishment until the close of that War, in the New Hampshire Line - that I have been blind for almost twelve years - and that I am now, and have been, unable to support myself and have to depend on Charity. Dunfield March 31 st 1818 Witness Nath l Heare Theophilus his X Colby Mark
I Benjamin Butler, Adjutant General of the Militia in the State of New Hampshire, testify and say that I was in the Continental Establishment in the Revolutionary War and that I am well knowing that the above named Theophilus Colby served three years in that War as stated in his deposition. Dunfield March 31 st 1818. B enj o Butler

State of New-Hampshire } March 31 st 1810 Rockingham ss } Then Stephen Colley who subscribed the within personally appearing made solemn oath that the within declaration by him sub- scribed is just and true
Before me John Harvey } One of the Justices of the County Court of Common Pleas for the County of Rockingham
State of New-Hampshire } March 31 st 1810 Rockingham ss } Then personally appe- aring Benjamin Butter Esq and made solemn oath that the within affidavit by him subscribed is just and true
Before me John Harvey } One of the Justices of the County Court Court of Com- mon Pleas for the County of Rockingham

I John Harvey of Northwood, in the County of Rockingham and State of New Hampshire, one of the Justices of the Court of Common Pleas for the County of Rockingham aforesaid - do hereby certify that I am satisfied that Theophilus Colby who signed the foregoing declaration served in the Revolutionary War agreeable to his said declaration - Apil 9 th 1810 -
John Harvey
By order of the Judge E. Peabody Clerk

7033
4
New Hampshire
Theophilus Colby
of Dunfee in the state of New Hampshire who was a Sergeant - in the regiment commanded by Colonel Root of the New Hampshire line, for the term of 7 years
Inscribed on the Roll of New Hampshire at the rate of 8 Dollars per month, to commence on the 31 st of March 1818
Certificate of Pension issued the 5 th of March 1819 and sent to John Harvey Esq. Worthwood New Hampshire
Arrears to 4th of March 1819 - $89.31 Semi-ann. all'ce ending 4 th Sept. 1819  48 137.31
{ Revolutionary claim, } { Act 18th March, 1818. }
Rockingham County
Application made July 31 st 1821 John Gilchrist Esq. Clerk New Hampshire

45 682
INVALID.
Rev
aw
File No. 45 682
Theophilus Colly
Brn Rev War
Act: 18 March 1818
Index:—Vol. 3 , Page 96
[Arrangement of 1870.]

I Thomas Burbank of Deerfield in the County of Rockingham and State of New-Hampshire Testify & Declare that Theophilus Colley who has made application for a pension under the Act of the 10 th of March last resides at present with me; that he is very poor & unable to do any kind of labour that he is entirely blind & has been supported by the Town of Deerfield for three years past Mrs. Burbank
State of New-Hampshire Rockingham ss } February 6 th 1819 Then personally appearing Tho s Burbank and made solemn Oath that the above affidavit by him subscribed is true before me John Harvey J. C. C. P.
I John Harvey of Northwood in the County of Rockingham and State of New-Hampshire one of the judges of the Court of Common Pleas for said County, do hereby Certify that I am satisfied the above declaration is true — and further that when the said Colley came before me to make his declaration he was entirely blind; that it was then stated to me that he was supported by the Town of Deerfield — Feb. 6 th 1819 John Harvey

I Thomas Burbank of Deerfield in the County of Rockingham and State of New-Hampshire Testify & Declare that Theophilus Colby who has made application for a pension under the Act of the 10 th of March last received at present with me; That he is very poor & unable to do any kind of labour that he is entirely blind & has been supported by the Town of Deerfield for ten years past
Mrs. Burbank
State of New-Hampshire } February 6 th 1819 Rockingham ss } Then Personally appear ing Tho s Burbank and made solemn Oath that the above affidavit by him subscribed is true
before me John Harvey J. C. C. P.
I John Harvey of Northwood in the County of Rockingham and State of New-Hampshire one of the Judges of the Court of Common Pleas for said County, do hereby Certify that I am satisfied the above declaration is true — and further that when the said Colby came before me to make his declaration he was entirely blind; that it was then stated to me that he was supported by the Town of Deerfield —
Feby 6 th 1819
John Harvey

Exeter July 25 th 1820
J. Y. Edwards Esq. Sir
I take the liberty to again send you the declaration of Theophelus Colby as I feel confident if you deviate from your fixed rules in any case you will in his case.
Colby lives in Deerfield more than twenty miles from the place where any Court of Record is regularly held he is totally blind and very deceitful and I have it within my knowledge that he has no family - and has been supported by the town of Deerfield previous to his receiving a pension. — The reason probably that the statement that "he had no family" was omitted was from a misconstruction of the Law supposing it only necessary to mention the fact where they had a family.
I find noted on the Declaration "Court held at Deerfield." You do not name that as an objection in your letter but if that is an objection I beg leave to

(with 2 peremptory returns) - remove it by referring you to the Law, making it the duty of the Justices of the Courts of Common Pleas to hold Courts in Portsmouth, Chester & Leoncord. "and giving the Justices power" to adjourn their respective Courts from day to day and to such future day and place . as they may deem expedient." The Court was regularly adjourned to Dover which was done in some measure on account of the inability of some of the Pensioners to travel -
Respectfully yours
Obedient Humble
Servant
Peter Chaswick