Revolutionary War Pension and Bounty Land Warrant Application File S. 29,847, Elias Guild, Mass.

SERVICE
NUMBER
Mass.
Guild, Elias
S. 29,847
CONTENTS

21. 252
Massachusetts
Elias Guild
of Norfolk in the State of Mass who was an Artillerist in the Corps commanded by Captain Cushing of the Dept commanded by Genl.  in the Mass Artill. time for 6 Mos. Artill.
27 ds. pr. Inf. }
State Pension
Inscribed on the Roll of Mass at the rate of 28 Dollars  Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 27 day of Aug. , 1832 and due to  M. E. Ebbett Wrentham
Arrears to the 14th of No. 32 $ 56 Semi-ant. allowance ending 14 Sept 121
$177
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by J. C. H. H. H. Clerk, Book E. Vol. 2. Page 29.
76 Norfolk

Elias Guild

Commonwealth of Massachusetts.
Secretary's Office, Sept 3 d 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 Elias Gule is borne upon the Pay roll of Capt John Armstrong (no reg t ) for the period of twenty seven days. from the There appears to be no date upon this Roll but appears to have been accepted in Council Aug. 1782.
Edward D. Bangs. Secy

Eliza Smith
Enverness
9071
Meliah Everett
Wrentham

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
Melatiah Cook Esquire, before whom the annexed deposition was taken
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 so on the same are 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 fifth day of July thirty three
A. D. one thousand eight hundred and
Jairus Ware 3

I James Metcalf of Franklin in the County of Norfolk aged seventy four years do testify & say that Elias Gould my brother was in the United States since for the first period of time mentioned by him in the within statement James Metcalf
Norfolk 1 st August 21 1832 subscribed and sworn to before me Melatiah Everett Justice of the Peace
I John Carpenter of Oakhampton in the County of Norfolk aged sixty nine years, testify and say that Elias Gould my brother was in the United States since for the second period of time mentioned by him, in the within statement John Carpenter
Norfolk 1 st August 21, 1832 subscribed & sworn to before me Melatiah Everett Justice of the Peace
Norfolk June 2 1833 I hereby certify that the above sworn James Metcalf and John Carpenter are credible witnesses and full faith & credit is to be given to their testimony Melatiah Everett Justice of the Peace

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 the day and year first aforesaid.
We William Pierce a clergyman, residing in the town of Topsham  Elias Guild
and Eliza Carpenter residing in Topsham hereby certify that we are well acquainted with John Guild who has subscribed and sworn to the above declaration; that we believe him to be seventy five years of age; that he is reputed and believed in the neighborhood, where he resides to have been a soldier the Mass. Militia of the revolution, and that we concur in that opinion.
Sworn and subscribed as aforesaid.
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 abovenamed applicant was a revolutionary solier and served as he states. And the court further certify that it appears to them that William Pierce , who has signed the preceding certificate, is a clergyman, resident in the said Topsham ; and that Eliza Carpenter who has also signed the same is a resident in Topsham and is a credible person; and that their statement is entitled to credit.
William Pierce Eliza Carpenter John Guild Samuel Haven Clerk and Judge of Probate
I Samuel Haven , Reg t , of the Court of Probate aforesaid, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Elias Guild , for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Samuel Haven

Commonwealth of Massachusetts.
County of Norfolk ss. On this twenty first day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Probate Court now sitting at Wrentham in and for said County, Ebenezer Dyer a resident of Hopkinton in said County, aged 74 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 act of Congress passed June 7th A. D. 1832.
THAT he was born at Pittsfield in the County of Bristol on the seventh day of May A. D. 1758, and that there is a record of his birth : that he was in the United States service from the first day of March A. D. 1776, to the first day of May A. D. 1777 6 months as a private soldier in the Massachusetts Artillery : that he was residing at Hopkinton when he entered the service ; that he a volunteer and served for the period aforesaid under the command of Capt. Peter Cushing
: that he marched from Hopkinton to Stoughton , from Stoughton to Braintree from Braintree to Newburyport or Lynn : that he served at said Lynn with no of the regular troops ; and
no regular officers were known to him : that he was in no battle and at the end of his service received no written discharge : that since the Revolutionary war he has resided at Hopkinton , that he has no documentary evidence of this service
ALSO : that he was in the United States service from about the first day of March A. D. 1778, to the first day of April A. D. 1778 1 month as a private soldier in the Massachusetts Militia : that he was residing at Hopkinton when he entered the service ; that he was hired by said town of Hopkinton and served for the period aforesaid under the command of Capt. [blank]
: that he marched from Hopkinton to Taunton , from Taunton to Newland from Newland to Rhode Island : that he served at Battle Hill on said Rhode Island with no of the regular troops ; and
no regular officers were known to him : that he was in no battle and at the end of his service received no written discharge.
But he has no documentary evidence except what gives him the office of the Secretary of the Commonwealth of Massachusetts
ALSO : that he was in the United States service from the first day of March A. D. 1778, to the first day of April A. D. 1778 in the Massachusetts Militia : that he was residing at
when he entered the service ; that he and served for the period aforesaid under the command of
: that he marched from [blank] to [blank] , from [blank] to [blank] from [blank] to [blank] : that he served at [blank] with [blank] of the regular troops ; and
[blank] regular officers were known to him : that he was in [blank] battle and at the end of his service received [blank] written discharge.

9071 Elias Guild
Part of City 6 Months Dr to Cr 27 days 6 27
14-16 ob May 10 1893 P. 391
25 291
Melchiah Sonett Wrentham
May Wrentham
Melchiah Sonett Wrentham 9071

9071  BRIEF in the case of  Elias Guild  of  Norfolk Co  in the State of Mass.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 5  3. How old is he? 74  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.     about 1. Nov '76 to about May '77 10 17 — 6 — Private Artillerist Capt Cushing - Mass. Artillery   about 1. March to about April '78 — 1 27 private Capt Armstrong - { no Regt. the Secy of Mass says  
 5. In what battles was he engaged? none mentioned  6. Where did he reside when he entered the service? Sturbridge  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Secy of Massachusetts' certificate 2 living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? 
The proper officer has not certified to the official character of the major general. Nor are the papers properly authenticated. Right
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. C. Easton Examining Clerk.  16 July 1832

29 847 Very INVALID.
File No. 29,847
Elias Emile
Artillerist Rev. Ins.
Act: June 7 th 89 th
Index:—Vol. 2 , Page 168
[Arrangement of 1870.]

9071 Elias Guild
Meletiah Everett Wrentham Mass

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Elias Guild which require further proof or explanation.
I. Does the declaration show where the applicant resides? Y II. Did the declarant make the declaration in the county where he resides? Y 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? Y 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? Y VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Y VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Y VIII. Has the Court given their opinion? Y IX. Has the Clerk given his certificate? Y 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? Y

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?
No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
No
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 ?
No
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.