144:
wherein Steele alleged that Cooke had called him names and threatened him with a stick. Cooke did not show up to the first court date, claiming he was sick; the physician, however, personally notified the court that Cooke was okay to attend the second date. There, he claimed Steele owed him money, then resorted to name-calling when Steele produced a receipt. Unimpressed with his conduct, the court sent Cooke to jail. He spent his one night there writing an apology letter; when released the next morning, he promised to apologize to Steele the following Monday.
123:, which he duly did. Cooke then commanded him onto another ship and he refused; he left shortly after, as "he could serve Cook no longer." The nascent government ordered Cooke to return Hendly's belongings from the ship, pay his wages "from the day of shipping to the day of his dismissal", and cover the fixed court costs.
153:
damages by Grace and prosecuted by the court for impersonating a justice. During his hearing, he verbally abused the officials and was thrown in jail. After deliberation about how to punish Cooke for being in contempt of court, they decided on a more lenient sentence and charged him a £20 fee with a £500
152:
class and had friends in the upper echelons of society. Eventually, though, his desire to do as he pleased and his disrespect for the court caught up with him when he issued a warrant for fisherman John Grace, who had not yet gone to trial and thus was not required to be in prison. Cooke was sued for
134:
from Cooke, who agreed to court proceedings until it was clear that things were not going to settle in his favor. When one of Davis' men brought Cooke the court order outlining the cost, he made it clear he had no intention of paying. When confronted by
Cornwallis, he claimed that the unnamed owner
143:
Despite this, Cornwallis appointed him to the
Commission of the Common Pleas and Inferior Courts, where he served as a Justice of Peace. There, he had a history of verbally abusing, threatening, and disrespecting other justices, culminating in a disagreement with Justice William Steele in 1752,
139:
would only pay if he or the ship were seized. Infuriated by Cooke's insubordination and disrespect, Cornwallis issued a warrant preventing him from leaving the harbor until he paid the damages and wrote a note of apology. Cooke scrambled to obey so his warrant would not impact his crew from
147:
Cooke was left off the commission list following the conflict with Steele, but he maintained that his first appointment was still valid, effectively dismissing the legality of the court's authority. Though he was not himself particularly wealthy, he was still part of the
169:
from London arrived the following year and, along with local creditors, "sued Cook into oblivion." It is unclear whether he returned to
England for a short period or whether he went straight to form a settlement at the mouth of the Mushamush River in what is now
217:. Cooke brought in Swiss, French, and English settlers to occupy the land and started a ship building company. This trade fully occupied the town, so much so that by the 1900s, Mahone Bay residents were supported almost entirely by the industry.
140:
conducting his business as a merchant. A nearly identical situation happened in
February 1750, again with Cooke on the losing end. Halifax's justice system was in part shaped out of necessity for handling Cooke's behavior.
181:
In
Halifax, Cooke had poured thousands of pounds into developing his lot and his life in Mushamush was no different. After the block house, he built a saw mill and two vessels, which he used to bring in cattle from
130:, entangling the two vessels. When neither crew could get the ships unstuck, a more senior officer on Cooke's ship separated them with an ax. The owner of the other ship, Mr. Davis, approached the court to request
107:. Cooke decided to settle in town the same year and was immediately implicated in Halifax's first-ever civil case, just four months after the town itself was established. Michael Hendly, a former
126:
Like other early settlers, Cooke was critical of the men tasked with heading the justice system. Not long after the case with
Hendley, another ship in the harbor drifted and hit the
214:
213:, who were already living on the land. Further, Cooke was able to choose the commander of the troop and requested his old shipmate and acquaintance Captain
741:
72:, Nova Scotia. Originally from England, Cooke's life in Nova Scotia was marked with charges of fraud, embezzlement, abusive language, impersonating a
165:
In 1753, Cooke reportedly sold off a large swath of his waterfront property and left whatever remained to his clerk, Stephen Janson. A
814:
763:
685:
676:
616:
705:
695:
804:
824:
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229:
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809:
628:(Report). Canadian Historic Sites: Occasional Papers on Archaeology and History No. 9. Parks Canada
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237:
171:
69:
65:
722:
640:
202:
104:
91:
76:, and insubordination, which had a major impact in shaping Halifax's early justice system.
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95:, under Cooke's command, was one of the first ships carrying European settlers to land in
8:
625:
787:
754:
656:
194:
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was given orders to provide Cooke with whatever he needed; as such, he was given a
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English mariner, merchant, and shipbuilder who was in early settler in Nova Scotia
73:
96:
713:
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was a mariner, merchant, and shipbuilder who was instrumental in establishing
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20:
236:, he built another block house, this time in the present-day community of
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175:
154:
149:
210:
120:
225:
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40:
742:"The Fight for Bourgeois Law in Halifax, Nova Scotia, 1749-1753"
626:
Halifax
Waterfront Buildings: An [sic] Historical Report
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617:"Yarmouth, Nova Scotia: A Sequel to Campbell's History"
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663:. Vol. 4. University of Toronto/Université Laval
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296:
721:
McInnis, Peter S.; Macdonald, Heather (2012-09-24).
704:
575:
471:
389:
332:
115:. He claimed that, after working on the voyage from
404:
365:
322:
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706:"Heritage Boat Yard Co-op, Mahone Bay Nova Scotia"
528:
516:
119:, Cooke required him to serve on a ship bound for
788:"History of the Court of Chancery in Nova Scotia"
504:
428:
284:
796:
720:
587:
317:
249:
209:and soldiers to protect him from the Indigenous
639:
599:
111:crew member, was successful in suing Cooke for
619:. Rand Avery Company – via Google Books.
786:Townshend, Charles James (January 28, 1900).
764:"The Admiralty Court in Colonial Nova Scotia"
684:Hamilton, William Baillie (January 1, 1996).
675:DesBrisay, Mather Byles (January 28, 1895).
174:, but he had settled and started building a
615:Brown, George Stayley (January 28, 1888).
785:
757:. J. Barnes – via Internet Archive.
674:
498:
422:
383:
359:
338:
790:. Carswell – via Internet Archive.
683:
278:
752:
563:
551:
465:
311:
240:, to protect the Mushamush population.
797:
623:
522:
103:' expedition to establish the town of
761:
755:"A History of Nova Scotia, Or Acadie"
753:Murdoch, Beamish (January 28, 1866).
679:. W. Briggs – via Google Books.
654:
614:
486:
398:
371:
255:
739:
677:"History of the County of Lunenburg"
534:
510:
453:
434:
410:
326:
290:
13:
228:out of Nova Scotia as part of the
14:
836:
815:People from Halifax, Nova Scotia
661:Dictionary of Canadian Biography
762:Stone, Arthur J. (1994-10-01).
690:. University of Toronto Press.
687:Place Names of Atlantic Canada
68:(present-day Mahone Bay), and
1:
608:
157:for a year of good behavior.
624:Buggey, Susan (2006-10-24).
588:McInnis & Macdonald 2012
160:
79:
7:
10:
841:
84:
18:
727:The Canadian Encyclopedia
700:– via Google Books.
655:Chard, Donald F. (1979).
186:. The first ship was the
47:
35:
28:
576:Heritage Boat Yard Co-op
243:
641:"Stars Over Mahone Bay"
566:, pp. 14, 230–231.
19:For the physician, see
805:History of Nova Scotia
224:was chartered to move
220:In 1755, Cooke's ship
825:Canadian shipbuilders
768:Dalhousie Law Journal
643:. Cape Breton Gallery
820:English shipbuilders
51:Mariner, shipbuilder
600:Cape Breton Gallery
554:, pp. 230–231.
195:Patrick Sutherland
740:Muir, J. (2016).
456:, pp. 12–13.
234:Raid on Lunenburg
230:Great Deportation
101:Edward Cornwallis
55:
54:
832:
791:
782:
780:
779:
758:
749:
744:. Archived from
736:
734:
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717:
712:. Archived from
710:heritageco-op.ca
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680:
671:
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668:
657:"MAUGER, JOSHUA"
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232:. Following the
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810:Acadian history
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413:, pp. 5–7.
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748:on 2018-10-04.
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716:on 2018-05-21.
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539:
527:
515:
503:
499:Townshend 1900
491:
489:, p. 227.
470:
468:, p. 209.
458:
439:
427:
423:Townshend 1900
415:
403:
401:, p. 374.
388:
384:Townshend 1900
376:
374:, p. 226.
364:
362:, p. 144.
360:DesBrisay 1895
343:
339:Townshend 1900
331:
316:
314:, p. 218.
295:
283:
281:, p. 296.
260:
247:
245:
242:
162:
159:
97:Halifax Harbor
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83:
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78:
53:
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537:, p. 24.
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279:Hamilton 1996
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89:In 1749, the
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58:Ephraim Cooke
50:
48:Occupation(s)
46:
42:
38:
34:
30:Ephraim Cooke
27:
22:
776:. Retrieved
771:
767:
746:the original
730:. Retrieved
726:
723:"Mahone Bay"
714:the original
709:
686:
665:. Retrieved
660:
645:. Retrieved
630:. Retrieved
595:
583:
571:
564:Murdoch 1866
559:
552:Murdoch 1866
530:
518:
513:, p. 6.
506:
494:
466:Murdoch 1866
461:
437:, p. 7.
430:
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406:
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367:
334:
329:, p. 3.
312:Murdoch 1866
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251:
221:
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215:Thomas Lewis
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136:
127:
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108:
90:
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57:
56:
21:Ephraim Cook
523:Buggey 2006
199:Fort Edward
176:block house
155:surety bond
150:bourgeoisie
99:as part of
799:Categories
778:2023-11-29
732:2023-11-29
667:2023-11-29
647:2023-11-29
632:2023-11-29
609:References
487:Brown 1888
399:Stone 1994
372:Brown 1888
256:Chard 1979
238:Blockhouse
201:in nearby
172:Mahone Bay
121:Louisbourg
70:Blockhouse
535:Muir 2016
511:Muir 2016
454:Muir 2016
435:Muir 2016
411:Muir 2016
327:Muir 2016
291:Muir 2016
203:Lunenburg
178:in 1754.
161:Mushamush
137:Baltimore
128:Baltimore
109:Baltimore
92:Baltimore
80:Biography
66:Mushamush
774:(2): 374
226:Acadians
167:creditor
211:Mi'kmaq
135:of the
132:damages
105:Halifax
85:Halifax
74:justice
62:Halifax
41:England
694:
222:Edward
191:Edward
117:London
244:Notes
207:sloop
113:libel
692:ISBN
188:snow
36:Born
197:at
801::
772:17
770:.
766:.
725:.
708:.
659:.
542:^
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193:.
64:,
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670:.
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635:.
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23:.
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