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

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.

THOMAS DEXTER: "HAVING PURCHASED NAHANT OF THE INDIAN SAGAMORE...." PT2

My ancestor Thomas Dexter Sr, was not happy when the town of Lynn decided to assign land to settlers in the area known as Nahant. This was because he had purchased the land from an Indian Sagamore some years before. So in 1657 he took his case to the Essex County Court. The History of Lynn contains the testimony from witnesses in the case which started on 3Jun 1657:

1. "Edward- Ireson, aged 57 yeares or there abouts, sworn, saith, that liveing with Mr. Thomas Dexter, I carried the fencing stufFe which master Dexter sett up to fence in Nahant, his part with the rest of the Inhabitants, and being and living with mr. Dexter, I never heard him say a word of his buying of Nahant, but only his interest in Nahant for his fencing with the rest of the inhabitants; this was about 25 yeares since; and after this fence was sett up at nahant, all the new comers were to give two shillings sixpence a head or a piece vnto the setters up of the fence or inhabitants, and some of Salem brought Cattell alsoe to nahant, which were to give soe."

2. "The Testimony of Samuel Whiting, senior, of the Towne of Linne,, Saith, that Mr. Humphries did desire that mr. Eaton and his company might not only buy Nahant, but the whole Towne of Linne, and that mr Goblet and he and others of the Towne went to mr. Eaton to offer both to him,v.and to commit themselves to the providence of God; and at that time there, wa&jaone that laid claim to or pleaded any interest in nahant, Save the, town, and at that time farmer Dexter lived in the Towne of Linne."

The person to whom Lynn was thus offered for^sale, was Theophilus Eaton, afterward governor of Connecticut. He came to Boston, 26 June, 1637, and went to New>Haven? in,August?,, of the same year.

3. "The Deposition of Daniel Salmon, aged about 45 years,, saith, that he, being master Humphreyes servant, and about 23 yeares agon, there being, wolves in nahant, commanded that the whole traine band goe to drive them, out, because it did belong to the whole towne, and farmer Dexter's men being; then at training, went with the rest"

4. "This I, Joseph Armitage, aged 57; or there abouts, doe testifie, that: about fifteen or sixteen yeares a goe, wee had a generall towne meeting in Lin;: at that meeting there was mucL( discourse about nahant; the men that did! first fence at nahant and by an act of generall court did apprehend by fencing that, nahant was theires, myself by purchase haveing a part therein, after much, agitation in the meeting, and by persuasion of Mr. Cobbit, they that then did] plead a right by fenc^g, did yield up all their right freely to the Inhabitants of the Towne, of which Thomas Dexter, senior, was one."

5. "We, George Sagomore and the Sagomore of Agawam, doe testify that Duke William, so called, did sell all' Nahant unto ffarmer Dexter for a suite of Cloathes, which cloathes ffarmer Dexter had again, and gave unto Duke William, so called, 2 or 3, coat.es for it again." [Signed by the marks of the two sagamores.]

6. "This I, Christopher Linsie, doe testifie, that Thomas Dexter bought Nahant of Blacks Will, or Duke William, and employed me to fence part of it when I lived with Thomas Dexter."

7. "I, John Legg, aged 47 years or thereabouts, doe testifie, that when I was Mr. Humphreys servant, there came unto my master's house one Blacke Will, as wee call him, an Indian, with a compleate Suit on his backe; I asked him where he had that suit; he said he had it of ffarmer Dexter, and he had sould him Nahant for it." -pp241-242

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

My ancestor will give his side of the story in the next post.

To be continued...

THOMAS DEXTER: "HAVING PURCHASED NAHANT OF THE INDIAN SAGAMORE...." PT1

A few weeks ago I posted here about my 9x great grandfather Thomas Dexter Sr. of Lynn, Ma. I mentioned that he seemed to be a rambunctious character. But he was also one of the leafing citizens of the young colony and one of the wealthiest. In fact, at one point, he owned a large part of the land in eastern Essex County and might have owned a larger portion if not for a court case.

The case involved Thomas Dexter buying a large area of land from an Indian chief in return for new suit. That land is now the town of Nahant and the purchase is depicted on the town seal.

The details are as follows from the book History of Lynn:

Having purchased Nahant of the Indian Sagamore, for a suit of clothes, Thomas Dexter was not disposed to sit down in unconcern, when the town made known their intention of dividing it into lots for the benefit of all the people. ' At a town meeting, held 24 February, 1657, the following order was taken: "It was voted that Nahant should be laid out in planting lotts, and every householder should have equal in the dividing of it, noe man more than another; and every person to clear his lot of wood in six years, and he or they that do not clear their lotts of the wood, shall pay fifty shillings for the towne's use. Alsoe every householder is to have his and their lotts for seven years, and it is to be laid down for a pasture for the towne; and in the seventh, every one that hath improved his lott by planting, shall then, that is, in the seventh year, sow their lott with English corne; and in every acre of land as they improve, they shall, with their English corne, sow one bushel of English hay seed, and see proportionable to all the land that ig improved, a bushel of hay seed to one acre of land, and it is to be remembered, that no person is to raise any kind of building at all; and for laying out this land there is chosen Francis Ingals, Henry Collins, James Axee, Adam Haw ekes, Lieut. Thomas Marshall, John Hathorne, Andrew Mansfield." (Mass. Archives.)

This record is valuable, as it exhibits several interesting particulars. It shows that the purchase of Nahant, by Mr. Dexter, was not considered valid — it exhibits the most impartial specimen of practical democracy in this country, the lots being apportioned to each householder equally, "noe man more than another "— it furnishes an explanation of the cause and manner of Nahant being so entirely cleared of the beautiful wood which once grew upon it — and it shows that Nahant was early planted with English corn, that is, with wheat. On the passing of this order, Mr. Dexter commenced a suit against the town for occupying it. The people held a town meeting, in which they appointed Thomas Laighton, George Keysar, Robert Coats, and Joseph Armitage, a committee to defend their right. At the Salem Court, which began on the third of June, the following depositions were given:-pp240-241

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

Among those mentioned as being responsible for dividing up the land are my other ancestors Adam Hawkes and Francis Ingalls.

To be continued...