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Monday, July 29, 2019

THOMAS DEXTER: "HAVING PURCHASED NAHANT OF THE INDIAN SAGAMORE...." PT3

Image result for Nahant town seal


Now it was my ancestor Thomas Dexter's turn to press his claim as owner of Nahant and refute the town of Salem's arguments:

Again, from the History of Lynn:

And it is fair to give Mr. Dexter's own statement of his case, on the appeal. It was evidently drawn up by one skilled in legal proceedings:

1. The Plaintiff pleadeth his right therein and thereto by purchase of the Indians, above 26 years now past, who were then the lawful owners thereof, as by the testimony off Jno. Legg, Wm. Witter, George Sagamore, Sagamore of Aguwame. 2. The Pit. pleadeth his possession yroff by fencing and other improvement, as by the testimony of Wm. Witter and John Legg, Capt. Traske and Mrs. Whiteing. 3. The Plaintiff humbly comendeth to the consideration of the Honoured Court, (4) That the purchase was by no law then prohibited or made voyd, but hath since, by act of the General Court) Octo. 19, 1652, written lawes, ben confirmed as being according to God's word; . . . .
also divers examples that might be instanced of sundry persons y* do enjoy those lands, which, in the infancy of these plantacons, they came by their possessions in like manner. (2.) That as yet no act or instrument made or signed by the Plaintiff hath appeared to manifest any alienacon thereof to the defendants. (3.) That they are parties which testify against the Plaintiff, and that for and in their owne behalfe, and many of them such as have in a disorderly manner ingaged themselves in a special manner against the Plaintiff and his right; as may appear by the testimony of Ri. Woodey; their combinacon of assaulting his person, &c, (4.) That if there be no remedy but what they will swea" must passe as truth, (although the Plaintiff conceives it to be very false,) yet nevertheless the Plaintiff conceiveth himself to be wronged in that he had no part found for him, whenas, by yr owne oath and confession, as he was an inhabitant of Lin, so he had a share with them, the which as yet they have not sworn, as he conceiveth, that he either gave it them or any other, and therefore seeing he sued but for his interest therein, whether more or less, he marvelleth y* such a verdict should be^brought against him, and humbly entreateth relief therefrom by this Honored Court.
24 (6) 57. [24 Aug. 1657.] Thomas Dexter.]

Mr. Dexter was afterward granted liberty to tap the pitch pine trees on Nahant, as he had done before, for the purpose of making tar.-p243

HISTORY OF LYNN, Essex County Massachusetts Including Lynnfield, Saugus, Swampscot, and Nahant, Volume 1 John L.Shorey pub. Boston, Ma. 1865


Needless to say, Thomas was not pleased by the verdict in favor of  Salem. He and his heirs would continue to claim that the area that now is the town of Nahant belonged to Thomas, bringing the case back to court several times. The decision was never overturned.

But the story survived over the years, which is why, nearly 400 years later, my ancestor Thomas Dexter is depicted on the Nahant town seal.

1 comment:

Unknown said...

My 8th great grandfather was Christopher Lindsay he was an indentured servant to your grandfather he kept his cattle on Nahant. He testified for him in court over his ownership of Nahant. :)