Revolutionary War Pension and Bounty Land Warrant Application File S. 5,544, Daniel Holbrook, Continental Mass.

SERVICE
NUMBER
Continental Mass.
Holbrook Daniel
S 5.544
carded
CONTENTS
Twelve horizontal dotted lines for writing entries.
Twelve horizontal dotted lines for writing entries.

77 Norfolk
15786 Massachusetts Daniel Woolbrook of Norfolk in the State of Mass o who was a Private in the Company commanded by Captain Matthews of the Reg t commanded by Col Crane in the Mass o line for 12 mos 14 days at Boston on March of Valley Continental Mass.
Inscribed on the Roll of Massachusetts at the rate of 60 Dollars 25 Cents per annum, to commence on the 14th day of March, 1831. May 3 rd 1831 Mass o Genl. Fin. Records A.K.
Certificate of Pension issued the 29 th day of July 1833 and sent to Mrs. Mary Widow of Daniel Woolbrook
Arrears to the 14th of March 1833 $132.44 Semi-ant. allowance ending Sept. 33.11 $165.55
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded, by W. Wood Clerk; Book 2 Vol. 2 nd Page 33

Commonwealth of Massachusetts
County of Norfolk ss. On this twentyth day of September in the year of our Lord One Thousand eight hundred and thirty two, personally appeared in open Court before the Honorable John M. Williams Presiding Judge of the Court of Common Pleas now sitting at Dedham in and for said County,
Daniel Holbrook a resident of Wrentham in the County of Norfolk aged Seventyfive who being first duly sworn, according to law doth on oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th A D 1832, that he was born at Wrentham on the 14 th day of February A D 1757 and there is a record of his birth on the town Clerk's books of said Wrentham and that he was in the United States service as follows: a private in the revolutionary war as follows;
He served from April 19. 1775 Twenty one days to May 10. 1775 under the command of Capt. Haines in Col. Smiths Regiment - He was residing at Wrentham when he entered this service and marched as a volunteer from said Wrentham on the Old Providence road to Boston or rather to Roxbury where he remained until the expiration of said term. he was with no regular troops, knew no regular officers and received no written discharge.
He served also from some time in August 1776 four months to some time in December 1776 at Scituate under Capt. Gull in Col. Willard's Regiment. He resided at Wrentham when he entered this

service and marched to Worcester from Worcester to Northampton from Northampton to Bennington and from Bennington to South Bay and from South Bay to Second-age — He has no documentary evidence relative to this service, nor had he any written discharge.
29 He also served twenty nine days at Swanton in Rhode Island in May and June according to the best of his recollection in the year 1777 in the Company commanded by Capt. Ebenezer Dettler in Col. Rerie's Regiment — He was at Roxbury when he entered this service and marched as a volunteer in the most direct route to Swanton where he remained until he was discharged — he was with no regular troops, was in no battle, knew no regular officers and had no written discharge —
113 He also served One month and three days from April 20. 1777 to May 23 1777 in Rhode Island under the command of Capt. Samuel Fisher in a company of Massachusett's Militia that marched from Col. Whulack's Regiment — This service was at Fort Greenwich or Warwick, he is not certain which as he served at both places at this time or in another campaign under the same Captain — he was with no regular troops, knew no regular officers, was in no battle and had no written discharge.
2 He also served two months more in Rhode Island under Capt. Samuel Fisher and likewise two months at Roxbury but cannot fix the precise time when — His written certificate from Capt. Fisher, his unit a com-

bearing date May 18. 1778 is silent as to the time of service. He is certain that he served in the two campaigns, at different seasons of the year at East Greenwich and Warwick, the one in the Spring and the other, in the coldest part of Winter, & doesn't recollect being in any other company during the same except said Fiske's — He is likewise certain that he served two months at Roxbury under the command of said Fiske or Capt James Nuttall.
He also served from June 1780 to January 1781 six months and fourteen days at West Point inclusive of the time of marching to and from said place under the command of Capt. Israel Putnam in the Regiment of Col. John Crane in a company of Artillery in the Massachusetts line — He resided at Wrentham when he entered this service and was discharged at West Point Dec 26. 1780. He has no written evidence of the time of his discharge.
He also served in the previous year, he thinks in the months of July and August 1779 on Rhode Island in Sullivan's expedition in Capt. Fiske's company and Col. Josiah Whitney's Regiment, one month and eighteen days. He was residing at Worcester when he entered this service and marched directly from that place over Slade's Ferry and Howland's Ferry to the Island — after coming off of the Island the company were ordered to Pawtuxet where they were after serving their time out discharged but he had no written discharge and was in no battle. Since the revolutionary war he has resided principally at Worcester and Wrentham.
He 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.
Daniel Holbrook

We Joseph Fuke and John Ware both of Wrentham in the County of Norfolk hereby certify that we are well acquainted with Daniel Holbrook who has subscribed and sworn to the above declarations; that we believe him to be seventy five years of age; that he is respected and believed in this neighbourhood where he resides to have been a soldier of the revolution and that we concur in that opinion — Joseph Fuke John Ware The day & year first aforesaid
And the said Court do hereby de- clare their opinion after the investigation of the matter, and after putting interrogatories proposed 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 Joseph Fuke and John Ware who have signed the preceding certificate are residents in Wrentham aforesaid and are credible persons; and that their evidence is entitled to credit.
J. M. Williams J. C. C.
I James Ware Clerk of the Court of Common Pleas do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel Holbrook for a pension.
In testimony whereof I have unto my hand and seal office on the day and year first aforesaid. 21 st Sep r 1832.
James Ware

No 26011
Daniel Brook Holbrook Norfolk County Massachusetts
Part of July 12 Mr. 11 days " " July 6 18 11
40.00 1.22 25.00 66.23
Jarius Ware - Dedham. Massachusetts

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Daniel Holbrook, Norfolk County, Massachusetts
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Served Apr. 1775 — — 21 priv. Capt Harris, Col Smith 75 years Traditional & documentary Wrentham evidence, papers not attached   Served Aug. 1776 — 4 — " Capt Cowell, Col Willard Massachusetts   Served 1777 — — 28 4 " Capt Batell, Col Pierce   Served 1777 — 12 3 " Capt Fisher, Col Wheelock   Served — 4 — " Capt Fisher,   Served 1780 — 6 — Artillery Capt D'Arment, Col Brane,   Served 1779 — 12 18 private Capt Whiting, Col Whitney   11  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. (This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) 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.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
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 certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  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 services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. 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. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. 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 that 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 shown 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
□ The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
{ [l] If a witness cannot be found, the declarant must state the fact. }
{ [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration. }

Rebraz
5544
INVALID.
No. 5544
Daniel Woolbrook
Priv. Mass. 106
Act: June 24 1882
Index:—Vol. M , Page 177
[Arrangement of 1870.]
Mass & Continental Line. Records corrected May 30 9

Daniel Holbrook. S. File 55-44 Mass. and Cont.

These may Certify whom it may Concern that Daniel Holbrook a Soldier Belonging to my Company hath paid four Pound towards hiring men in the present war & hath been in Person in the Service to Roxbury the term of two months & also the month in the Service in the State of Rhodisland.
Sam l Tinker Capt.
Wrentham May 18 th 1778

1879

Commonwealth of Massachusetts.
Secretary's Office, Aug t 27 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 Daniel Holbrook of Wrentham Massachusetts, served in Captain Joshua Whitney's Company, and Col. Jonah Whitney's Regiment of Militia from Massachusetts Bay one month and eighteen days - as a private in said Company, in the state of Rhode Island in 1779.
Edward D. Bangs. Sec y

1779

Commonwealth of Massachusetts.
Secretary's Office, Aug t . 27 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 Daniel Holbrook served as a private in the Company of the Militia of Massachusetts Bay commanded by Captain Ebenezer Battelle and in Col Pierce Regiment, for the term of twenty nine days, in the State of Rhode Island in the year 1777. Edward D. Dangs. Secy

Depositions of Daniel Holbrook
No 1

I Samuel Billings of Roxbury in the County of Norfolk being about seventy five years of age do testify and say that I have been ac- quainted with Daniel Holbrook of Wrentham in said County about fifty six years, that he was to my knowledge a soldier of the revolution, and served at Secondaroye about four months, or between three and four months between August AD 1776 and December AD 1776 in the Mass. line and in the company commanded by Capt Samuel Cowell of said Wrentham and in the Regiment commanded by Col Willard — I further testify that I was a member of the same company at the same time & have personal knowledge of the service of said — Samuel Billings
Norfolk, August 21. 1832 Thus the above named Samuel Billings do oath to the truth of the foregoing deposition by him subscribed, he being a credible witness. Before me Joseph H. Fiske Justice

N o 1 I David Hartshorne of Franklin in the County of Norfolk do testify and say, that, being my- self about seventy years of age, I have been acquainted with Daniel Holbrook of Wrentham in said County more than fifty years - that I have had personal knowledge of his having been a soldier of the revolution - that he served with me six months in the Mass. State in the company of Artillery which was commanded by Capt. Treadwell & Lt. Col. Edward Blake in the 3 d Regiment commanded by Col. John Brane and Maj. S. Beman - His service was at West Point where he was honorably discharged Dec 26. 1780 & returned to Wrentham aforesaid having been a bounty from that town - David Hartshorne Norfolk 2d August 21. 1832 Then the above named David Hartshorne, credible witness made oath to the truth of the foregoing deposition by him subscribed Before me Josiah J. Fiske Jus. Peace
I Jonathan Fairbanks of Medway in the County of Norfolk being about seventy five years of age do testify and say that I was acquainted with Daniel Holbrook James of Wrentham in said County in the year 1776 and was knowing to his services as a soldier of the revolution four full months in that year ending in the month of December at Scituate in the company commanded by Capt. Samuel Gowell and in the Regiment commanded by Col. Willard of the Mass. Militia I was a soldier in said company during the same time - I have had a roll of the company in my family since. of others. Jonathan Fairbanks Norfolk 2d August 21. 1832 Then Jonathan Fairbanks, credible witness, made oath to the truth of the foregoing deposition by him subscribed Before me Josiah J. Fiske Jus. Peace.

I James Holbrook of Wrentham in the County of Norfolk and Commonwealth of Massachusetts being being seventy eight years of age do testify and say that I have been acquainted with Daniel Holbrook since the year 1774 -
I was in the service during the of the United States as a private soldier in 1775 and enlisted from Wrentham on the 19 th day of April in Capt. Haines Company and Col. Smiths Regiment to Roxbury where they remained some time - I then turned to Wrentham before the company was discharged and know that Daniel Hol- brook had the reputation of being in said company as a soldier while they remained there - I should be unwilling to say that I have a distinct recollection of his being there but I have no reason to doubt that he was there and served three weeks in said company. I know of no other person living who was in said company at the same time.
James Holbrook
Norfolk Sept 19 1832 Then the above named James Holbrook credible witness made oath to the truth of the foregoing deposition before me
Josiah Fikes Jas. Pease

COMMONWEALTH OF MASSACHUSETTS.
NORFOLK ss.
I, JAIRUS WARE, Clerk of the Judicial Courts, being Courts of Record, within and for the County of Norfolk, hereby Certify that
Isaac D. Pitkin Esquire, before whom the annexed depositions were taken N o 1. & 2. was at the time of the taking thereof & now is is a Justice of the Peace in and for the County of Norfolk aforesaid, duly appointed, commissioned and qualified to discharge the duties of said office, and that his signature to on each of the same is genuine and true.
In Witness Whereof, I have subscribed my name and affixed the Seal of the Supreme Judicial Court of said Commonwealth hereunto at Dedham, this fifteenth day of July - - A. D. one thousand eight hundred and thirty three
Jairus Ware. 3

N o 2 I Elisha Fisk a clergyman residing in the town of Wrentham in the County of Norfolk and Commonwealth of Massachusetts hereby certify that I am well acquainted with Daniel Holbrook who has subscribed and sworn to the declaration to which this annexed and that I believe him to be seventy five years of age; that I have no doubt that he is respected and be- lieved in the neighborhood where he resides (although remote from me) to have been a soldier of the revo- lution & I concur in the same opinion Elisha Fisk
Norfolk June 28. 1833 Then the above named Elisha Fisk who is a credible person and a respectable clergyman in Wrentham appeared and made oath to the truth of the foregoing cer- tificate by him subscribed — Before me Josiah J. Fiske Jus. Peace