Revolutionary War Pension and Bounty Land Warrant Application File S. 21299, James Holbrook, Mass.

SERVICE
NUMBER
Mass.
Holbrook, James
S. 21299
carded
CONTENTS

80 Norfolk
15758 Massachusetts James Holbrook
Wrentham in the State of Massachusetts who was a private in the Company commanded by Captain Whiting of the Regt. commanded by Col. Haws. in the Massachussetts for 7 mos 4 ds for { " 7 " Corp { Mile {
Enscribed on the Roll of Massachusetts the rate of 28 Dollars 27 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 29 th day of May 1833 and sent to Dwight Doolittle
Bears to the 4th of March 1833 $56.54 Pensional allowance ending Sept 14. 13 $70.67
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 2 Page 32

BRIEF in the case of James Holbrook of Wrentham in the State of Mass. (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? enrolment  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78 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.     1 July In 1776 - 5 Private Gen. Whiting Col. Wheelock   2 4 Col. Gull Col. Robinson   1 7 corporal Col. Plington Col. Howe  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Wrentham Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? See accompanying 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.
Richard Cutts Examining Clerk.

Commonwealth of Massachusetts County of Norfolk ss On this twenty first of September in the year of our Lord one thousand eight hundred and thirty two personably 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 of Norfolk, as a duly sworn, who being first duly sworn, according to law, doth on his oath make the following declarations in order to obtain the benefit of the act of 1832 passed June 7 th A.D. 1832
That he was born at Wrentham on the 21 st day of July A.D. 1758 his birth in the clerks office and that there is a record of his birth in said Wrentham That he was in the United States Service During the revolutionary war as follows -
He served from about the first of July 1776 to about the first of December 1776, as a private at Scituate, under the command of Capt Lewis Whiting in the Regiment of Col. Whelock, and Brigade of Gen. Bracket of the Mass. Line. He resided at Wrentham when he enlisted and marched from Wrentham to Scituate and from Scituate to Scituate - He was in no battle When the time of his enlistment had expired, he was discharged without any written discharge
He also served as a private at Dedham at Dorchester Two months and four days in Capt. Bowles company and Col. Robinsons Regiment - He resided at Wrentham when he entered this service and was enlisted January 25 th 1776 and was made up on Capt. Bowles pay roll for two months and four days at the ex- piration of which time he was honorably

discharged but had no discharge in writing. He was in sight of the British troops when they evacuated Boston. He was in no battle, served with no regular troops, knew no regular officers and has seen no documentary evidence relative to this time of service, except the original pay roll, found among the papers of the late Samuel Gowell deceased, which belong to his estate. He further declares that he is the sole survivor of the roll of the late James Hollbrook who was on said roll. He also served as sergeant in the recent expedition in Rhode Island one month and seven days under the command of Capt Ezekiel Plimpton in Col Benjamin Hovey Regiment from September the 25 th 1777 to Oct 28 1777 — He resided at Wrentham at the time he entered this service and moved to Little Compton & other places in that vicinity — he was with no regular troops, knew no regular officers, and had no written discharge at the close of his service.
Since the revolutionary war he has resided principally in Wrentham and Sturbridge in the County of Worcester.
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.
Sworn to and subscribed James Hollbrook The day and year first aforesaid

O. W. & N. Division,
DEPARTMENT OF THE INTERIOR,
F. S.
Bureau of Pensions,
M.B.C.
Washington, D. C., March 23, 1895.
Miss:-
In reply to your request for a statement of the military history of --- James Holbrook --- a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE. CAPTAIN. COLONEL. July 1776 5 mos. Pvt. Lewis Whiting Wheelock Mass. Jan. 1776 2 mos. 4 days. Pvt. Cowell Robinson Mass. Sept. 1777 1 mo. 7 days. Corpl. Plympton Haves Mass.
Battles engaged in,
None.
Residence of soldier at enlistment, Wrentham, Mass.
Date of application for pension, September 21, 1832.
Residence at date of application, Wrentham, Mass.
Age at date of application, Born at Wrentham, Mass., July 24, 1754.
Remarks:
Very respectfully,
Miss Mary W. Thayer,
Commissioner.
1904b1m Greeley, Colo.

msl Ch.
21 299 INVALID.
Hyde 23/55 Unit Hist - 6 Mrs Mary W. Hays - Gusty
File No. 21,299
James Holbrook
Copfl Rev War
Act: June 7 th 89 th
Index:—Vol. 2 , Page 125
[Arrangement of 1870.]

For James Holbrook
Rufus Mann Daniel Holbrook James Holbrook Deposition

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
Josiah J. Fisher Esquire,
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 the annexed deposition 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 twenty first day of September A. D. one thousand eight hundred and thirty two .
Jairus Ware

I Rufus Mann Esq. formerly of Woodfield and now of Wrentham in the County of Norfolk and commonwealth of Massachusetts, being about seventy seven years of age, do testify and say that I was acquainted with James Holbrook and in 1776 I have been acquainted with him more or less ever since — I was knowing to his being a soldier of the Revolution & of his serving five months at Liconderoga in the company of Capt Lewis Whiting, in the Regiment of Col. Wheelock & Brig. Gen. Bricket — His time of service expired about the first of Dec. 1776 — I was a soldier in the same Regiment & I learned with said Holbrook at the time when his service expired as aforesaid —
Norfolk ss Aug. 22. 1832.
Rufus Mann
Then Rufus Mann Esq., a credible witness, made oath to the foregoing deposition by him subscribed, before me
Isaac J. Fiske Jus. Peace.

I Daniel Holbrook a resident of Wintham in the County of Norfolk, being seventy five years of age do testify and say that I have been ac- quainted with James Holbrook of said Wintham ever since the year 1774 - I know that he served in the revolutionary war as a private under the command of Capt Lewis Whiting in Col Wheelock's Regiment at Ticonderoga in 1776 - I served at Ticonderoga in Capt Brownell's company four months most previous to Dec. 1776 and know that said James Holbrook was in said service during that time in said Whiting's company and have no doubt that he had served the full term of five months when he was honorably discharged
Sept 19. 1832
Daniel Holbrook Norfolk ss Then the above named Daniel Hol- brook, a credible witness made oath to the truth of the foregoing deposition before me
Isaac J. Luke Jus. Peace

James Holbrook
15218
5 SW 100

Commonwealth of Massachusetts.
Secretary's Office, Sept 3 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 the name of James Holbrook as Corporal is borne on an abstract of Capt. Ezekiel Plimpton's company in Col. Benj d Haines Reg t of Militia for one month and seven days, service in R.I. from Sept 25 1777 - Oct 28 th
Edward D. Bangs Secy
Ex

James Hollbrook
Private Ymo & H days Corporal " - 7 " Adm
23. 33 44 3. 11 84 28. 27
Grace Dedham 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 James Woodbrooke Wrentham Mass ts 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? no 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? yes
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? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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.

Josiah Pike  I John Ware a resident of Wrentham in the County of Norfolk, hereby certify that we are well acquainted with James Holbrook who has subscribed and sworn to the above declaration; that we believe him to be seventy eight years old; that he is reputed and believed in the neighborhood where he lives to have been a soldier of the revolution and that we concur in that opinion, and the said Pike further testifies that he has examined the ancient roll, found among the papers left by the late Samuel Cowell deceased, and purporting to be a perfect and complete roll, made out in due form, of said Cowell's company for two months and four days in the forepart of the year 1776 - and that it appears from said document, that said Holbrook enlisted Jan. 29. 1776, and that the time of service set against his name is two months and four days. —  Sworn to and subscribed Josiah J. Pike as aforesaid — John Ware
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 testifies that it appears to them that John Ware and Josiah Pike who have signed the preceding certificate are residents in Wrentham and are credible persons and that their statement is entitled to credit.  J. 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 James Holbrook for a pension. In testimony whereof I have hereunto set my hand and seal.

of office this day and your first of your said -
James Ward

RECEIVED FEB 20 1895 U.S. DEPT. OF JUSTICE
PENSION OFFICE U.S. FEB 12 1895

Greeley Colo. Feb. 13 th 1895
Commissioner of Pensions
Dear Sir,
I have been referred to you by the Record & Pension Office War Dept. for information of one James Holbrook who fought in the Revolutionary War . I am desirous of obtaining information concerning his regiment, time of enlistment and discharge, in order to claim membership in the Daughters of Revolution. I have a copy of his Pension paper giving time of War Dept. the 29 th day of May 1833 by Lev. Cass Sec. of War and also signed by G. L. Edwards Com. of Pensions. The paper was recorded in the Pension Office in Book

E. Vol. 2, Page 32 & W. L. Williams. If you can give me this information at an early date, it would be a great favor
Yours Truly Mary W. Thayer. Queley, Colo.