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Genealogical notes of Barnstable families - citizen hylbom blog

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158 GENEALOGICAL, NOTES OF BAKNSTABLE FAMILIES.<br />

indicted ; yet, on tiie next day, June 3, 1652, the Court condemn<br />

"both <strong>of</strong> them to be publicly whipt at <strong>Barnstable</strong>, where they<br />

live," and the sentence was executed at <strong>Barnstable</strong> five days afterwards,<br />

that is on the 8th day <strong>of</strong> Juue, 1652.<br />

These proceedings were in violation <strong>of</strong> the form <strong>of</strong> law ; the<br />

accused were not indicted by the grand jury—they were not heard<br />

in their defence, do not appear to have been at Court, and were<br />

condemned and punished for a crime <strong>of</strong> which they had not confessed<br />

themselves guilty.<br />

The conduct <strong>of</strong> John Alden and Priscilla Mullins technically<br />

was not in violation <strong>of</strong> the law ; but it was a violation <strong>of</strong> its spirit<br />

and meaning. That they should be glorified and their praises<br />

sung by the poet, and that David and Hannah should be whipped<br />

at the post, seems not to be meting out equal and even handed<br />

justice to all. If the Court had ordered Mrs. Judith to have been<br />

scourged in public she would have enlisted but little sympathy in<br />

her behalf.<br />

David Linnel inherited, as already stated, the homestead <strong>of</strong><br />

his father. That portion <strong>of</strong> it that adjoined the public highway<br />

he does not appear to have owned in 1686. He may have owned<br />

the north part <strong>of</strong> it, and the description <strong>of</strong> it in his will favors<br />

that presumption, and there he built his two story single house,<br />

with a leanto. He was not a prominent man, and little is known<br />

<strong>of</strong> him. He delayed joining the qhurch till July 1, 1688, the year<br />

before his death. His wife did not join. His will is dated Nov.<br />

14, 1688, and was proved March 9th following. To his sons<br />

Samuel and Elisha, and his daughters Hannah Davis, Mary, Experience,<br />

Susanna and Abigail, he gives one shilling each. To<br />

his sons Jonathan and John his dwelling-house and housing and<br />

all his lands, both upland and marsh, the upland to be divided<br />

lengthwise, and his son Jonathan to have his house and to pay<br />

his brother John one-half as much as said house shall be judged<br />

to be worth by indifferent men ; and both upland and marsh to be<br />

equally divided for quantity and quality between them, and to be<br />

unto them, and their heirs forever." He gave to his wife Hannah<br />

the improvement <strong>of</strong> one-third <strong>of</strong> his lands and the leanto room <strong>of</strong><br />

his house during her widowhood, and appoints her sole executrix.<br />

His personal estate was apprised at £28,6,6. In the apprisement<br />

corn and barley are rated at 1 shilling 6 pence, or 25 cents per<br />

bushel.<br />

The will <strong>of</strong> Wid. Hannah Linnel is dated Feb. 2, 1708-9, and<br />

was proved on the 5th <strong>of</strong> April following. She names her daughters<br />

Abigail Linnel, Mary Sergeant, wife <strong>of</strong> John, Experience,<br />

wife <strong>of</strong> Jabez Davis, Susanna, wife <strong>of</strong> Eben. Phinney, and her<br />

grand-daughter Hannah Davis, daughter <strong>of</strong> Dollar. She signs<br />

with her mark, and appoints John Phinney, Jr., her executor.<br />

Respecting Shubael Linnel little is known. He is named in

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