Judge David Lynn      1698-1779

"The American Revolution was shaped by the decisions and actions of individuals who had the opportunity to act and choose, and who could have acted and chosen differently."  Society of the Cincinnati

We believe Judge David Lynn was born about 1698 in Carncastle Par., County Antrim, Northern Ireland and died about 1779 in Montgomery County, Maryland.  Lynn Family tradition says that he came to America in 1717 from Dublin, Ireland.  That was a popular port of departure and most of those ships docked in Philadelphia.  Through Ancestry.com (Although this source is not always 100% accurate) we have come across information listing Judge David Lynn's father as Thomas Andrew Linn who was born in Ireland about 1671 and died in 1710 in New Jersey.  The children listed of Thomas Andrew Linn and Unknown are:

    1.    Thomas Lynn

    2.    David Lynn: b. about 1698 in Ireland, died about 1779 in Montgomery Co. Maryland

    3.    Daniel Lynn: b. about 1700

    4.    Andrew Lynn: b. about 1701  Wife: Rachel Crow(e)

    5.    William Thomas Lynn: b. about 1702, died about 1767 in PA  Wife: Jane Addis

    6.    Sarah Lynn

    7.    Jane Lynn: m. Mr. Wright

"In researching the ancestors of Judge David Lynn, I came across the history of the Pattons from a book cited on their website as 'JAMES PATTON AND THE APPALACHIAN COLONISTS".  I found a particular reference very intriguing..."William Patton and his wife Margaret reared two sons (about 1626), Henry and John.  Henry's son, also named Henry, married Sarah Lynn, daughter of David Lynn of Kilmacrenan, Ireland and a descendant of the Lynns of Loch Lynn, in Scotland."   I am having a bit of difficulty establishing the link between our Judge David Lynn and the above mentioned David Lynn of Kilmacrenan, Ireland.  His daughter, Sarah must have had brothers and sisters and I think that Thomas Andrew Lynn, Judge David Lynn's father was one of her brothers.  The names carried down through the generations make sense.  Thomas Lynn had a daughter named Sarah, as did Judge David Lynn."  

Petition to Governor MORRIS from Sufferers by Maryland, 1755. September 29h, 1755 (Source not known)

To ye honorable ROBERT HUNTER MORRIS, Esquire, Governor of Pennsylvania.

honered Sir, we, your humble pationers, sends you those few lines to inform you that we are very much imposed upon by ye Sherive of Fredrick County in Maryland, in coming to take our lands from us by a Meryland Right which we have had surveyed for us by a Mr. William LYON, Survayar, under Mr. John ARMST (ARMSTRONG?) Survayar for Cumberland County, in Pennsylvania. Last Spring, one mans place, viz., Peter BUTLER, has got survayed by bringing a Captain and a parsal of Soldiers to gard him while he was so doing, and has gone to farder strengthen him self, protesting yt in two or three weekstime yt he will come and take all land from ye forks of Tanolaways Crick, down to ye mouth thereof Straneind, and taking of our goods, chatel, horses, or anything yt he can find for ye levies or taxis, which he portends is due to Meryland; So yt without your honour will protect us, we belive we shall be ruened in a very short time. So that we desire that you would be pleased to send up a few lines by ye bearer thereof, what way or maner we shall proseed in ye afare which is ye humble desier of we, your humble patisioners.

and many others might be had but notis can't be givon.

Post. Thos. STODARD, Captain of a fort yt is lately areced with in four miles of William LINNS, is going by Governor SHARP'S orders to run, ye proven line ye 6th of Actor next ensuing.
Directed.
Samuel HICKS, Moses HICKS

Indorsed.
Petition Inhavitants of Little Cove and Tonolloways
reced 6 8ber, 1755

(Provided by Combs-Truax Researcher Combs Craig Truax, and transcribed by Combs Researcher Hannah Friedlander Combs)

"Linn, Daniel, Frederick Co., will dated January 30, 1759; will proved July 3, 1759.  Friend:  Mary Ashercraft.  Sisters: Jane Wright, Sarah Hayes and A. Elizabeth Thompson. Extr. Thomas Cheney; Wit: Andre Blair (Blain), Barnett Johnson, Edmond Moran. 30.726 (p. 244)"

"Hussin, Robert, Frederic C.., 2 Aug 1755, William Copeland, age 65 states that about 18 months ago he was in company with Robert Hussin and heard him state that when he died, he would give all that he had to Sarah Linn, daughter of David Linn and, the said Copeland, declared that he has often heard that said Hussin repeat the same words.  Before John Rawlins (p.103)."

Children of Judge David Lynn and Elizabeth 

An article in the Daughters of the American Revolution Magazine, February 1966 - 

Judge David Lynn

by Rebecca Lynn Phelps (descendent of Judge David Lynn)

Judge Lynn Chapter, Washington, D.C.

     Judge David Lynn, who was of Scotch-Irish , settled in Frederick Co., Maryland in 1717 where he became prominent.

     He represented Frederick Co. for several terms in the lower House of the General Assembly of Maryland, he was one of the Commissioners appointed by the State of Maryland in 1751 to lay out the town of Georgetown.  He was a Justice of the Frederick Co. Court from 1756 to 1775.  In 1758 David Lynn was made a member of a Quorum of that Court and during his incumbency as such on the Bench of Frederick Co. it acquired the distinction on November 23, 1765 of having repudiated the British Stamp Act by ignoring its existence and ordering the legal business of Frederick Co. to be transacted as though the Act had never been framed.  The following reasons were established for this action:

     "1st.  It is conceived that there has not been a legal publication yet made of any Act of parliament whatever imposing a Stamp Duty on the Colonies.  Therefore this Court is of the opinion that until the existence of such an Act is properly notified it would be culpable in them to permit or suffer a total stagnation of business which must inevitable be productive of innumerable injuries to individuals and have a tendency to subvert all principles of Civil Government."

     "2nd.  As no stamps are yet arrived in this Province and the inhabitants have no means of procuring any, this Court is of the opinion that it would be an instance of the most wanton oppression to deprive any person of a legal remedy for the recovery of his property for omitting that which it is impossible to perform."

     This is believed to be the first official action taken in this Country against the Crown of England.  Thus, Judge Lynn was one of the first to strike a blow towards establishing American Independence.

     There is a Memorial Tablet in the Court House at Frederick, Maryland which reads:

"In Memory of The Twelve Immortal Justices of Frederick County Court who repudiated the Stamp Act, November 23, 1765

References:  Scharf, J.T.., History of Western Maryland,   Thomas, J.W. and Williams, J.C., History of Allegany County, Maryland.

Notes on Judge David Lynn:   "Linn/Lynn, David (first Grand Jury foreman 1748/9, served as Justice from 1754 [Rice].  An immigrant from Dublin, Ireland, he was a Surveyor, and one of the Commissioners to lay out Georgetown in 1751, served as a Justice through 1775.  He was father of John Lynn, who resided in Allegany (now Garrett County) [Papenfuse, I558]" (from: Frederick County Land Records: Liber F Abstracts, 1756-1761. Abstracted by Patricia Abelard Andersen, 1995, p. ix.) Researched by Catherine Ball, member Judge David Lynn Chapter of the DAR (NSDAR)

Unnamed Son

March 4, 1756 from the Maryland Gazette,  " By a  person come to town this day from Frederick County we are told that last Sunday two boys near Lawrence Wilson's in that county, were killed and scalped, and a son of one Mr. Lynn was found dead and scalped, himself and three more of his family missing."

March 11, 1756 from the Maryland Gazette,  "From thence we went to Combe's Fort, where we found a young man about twenty-two years of age killed and scalped; there were only four men in this fort, two of which we unable to bear arms, but upwards of forty women and children, who were in a very poor situation, being afraid to go out of the fort, even for a drink of water.  The house caught fire during the time the Indians were surrounding the fort, and would have burnt down, but luckily there was some soapsuds in the house, by which they extinguished it.  The young man mentioned above was one Lynn's son, and was sitting on the fence of the stockyard with Combe's son when they discovered the Indians, upon which they ran to get into the fort, and before they reached it Lynn's son was shot down and an Indian pursued the other man with a tomahawk within thirty yards of the fort, but he luckily got into the fort and shot the Indian.  A letter by Isaac Baker, Feb 29th 1756.

Most likely this Lynn's son was Judge Lynn's nephew, not his son.

L.D.F. 44 February 20, 1788 - Indenture between DAVID LYNN and Samuel Riggs for 504 acres in Dublin.  Elizabeth Lynn, widow and relict of David Lynn agrees.

L.C.F. 250  June 7, 1796 between Edward Owen and Rachel Beall Owen, his wife of Montgomery Co. and DAVID LYNN of Alleghany Co., Md. property called Bachelor's Forest. (Due to date of purchase this was his son Capt. David Lynn)

LYNN, DAVID "Resurvey on Dublin: - 482 & 2/3 Acres, value 362.  One framed dwelling house, log tobacco houses, log cabbin and 2 out houses.  200 acres cleared, thin sapling land"  from the 1783 Tax List: Montgomery Co. Historical Society

Lynn, ELIZABETH   "Bachelor's Forest"  75 Acres; value 103-2-6. One framed dwelling house, framed barn, old framed kitchen and other small log houses.  30 Acres cleared, Timberland & good soil.  From 1783 Tax List: Montgomery Co. Historical Society

Overlay on: Maryland -National Capitol Park and Planning Commission, Montgomery Co. Regional Office 1997, Colesville-White Oak  Map#14   Montgomery Co. Historical. Society

Overlay on the Maryland - National Capitol Park and Planning Commission Rockville - Gaithersburg and Vicinity.  Scale: 1000 feet = 1 inch.  Map #12. Montgomery Co. Historical Society Copyright 1986 Montgomery Co. Regional Office. 

Offices Held

Judge David Lynn represented Frederick County, Maryland in the lower House of the General Assembly for several terms.  He was one of the commissioners appointed by the State of Maryland in 1751 to lay out the city of Georgetown (now part of Washington DC) and he was justice of Frederick County Court from 1756 to 1775.

In 1776 Montgomery County was formed from part of Frederick County at which time Judge David Lynn became judge of the Montgomery County Court.  In 1777 he was made judge of the Montgomery County Orphan's Court until the time of his death in 1779.

Stamp Act Repudiation

Judge David Lynn held his commission under King George of England and was one of the twelve judges who, on November 23, 1765 declared the English Stamp Tax null and void and decided that before the English Stamp Act would be recognized in the Courts of Maryland, the Courts must be officially notified of the passage of that Act.  This was a courageous decision and an act of treason against the English Crown.  The significance was that these were the first jurists in America to take a stand against an act of English Parliament.  Their steadfastness was received with acclaim in all the colonies.  Event piled upon event until in 1775 "the shout heard 'round the world" was fired.

Date of Death

Judge David Lynn's death must have occurred before Dec. 16, 1779 at which date an inventory of his estate was filed in the Office of the Register of Wills for Montgomery County (Liber "A" folio 241 etc.)

Will of ELIZABETH LYNN  Montgomery Co. Liber E f. 105 (new Book 2 p. 1)  Dated May 5, 1790  pr. Sept. 9, 1803  Son: David - to have all property and be executor.