Page:The Green Bag (1889–1914), Volume 12.pdf/97

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The Green Bag.

to 2the west of Col., Peinaquid Point, to 5th Vol. Mass.shore Hist. Soc. p. 196. Thornton. utilise the harbor trade. Abraham Shurt was the resident agent of the firm, and an English magistrate of the plantation. Brown, Sa-ma-a-set, Ungoit ( probably Samosset's wife), and Shurt here executed the first deed of a great land deal, with the neat, compact formulary of acknowledge ment still used in New England, of which Abraham Shurt was the author, and prob ably used a formulary of the common law of England, as follows, viz: "July 24, 1626, Captain John Samoset and Ungoit, Indian Sagamores, personally appeared, and ac knowledged this instrument to be their act and deed at Pemaquid, before me, Abraham Shurt." This is the only record of a formal legal transaction, with the implied existence of a magistrates' court and record, earliest in the Pemaquid section of the Sagadahoc colonial settlement. In 1631, the Aldworth and Elbridge Plantation had grown to the importance of an emigrant depot, with a ship of 240 tons, sixteen guns, in current trade with Bristol, England, called the "Angel Gabriel," un fortunately driven ashore and wrecked in the harbor of Pemaquid in an August gale, 1635. The business expansion of this harbor site had reached the sea-island dependencies of Monhegan and Damariscove and a proprie tor's court was organized and held there, of which Thomas Elbridge was the judge, to which the inhabitantsof these islands (and no doubt the neighboring mainland communi ties) resorted for redress of legal grievances. We have yet found no records of this court extant. Its charter privileges and scope of civil rights are found in the Pemaquid pa tent, granted Eeb. 29, 1631. A census of the year preceding shows eighty-four families, besides fishermen, appurtenant to this plan tation.1 Indeed this Pemaquid settlement was larger and more important than the capital of Canada.2 The bill of civil rights JSth vol. Mass. Hist. Soc. Col., p. 197.

to the people of Pemaquid recites its issue was made with a view to "replenish the desert with a people governed by law and magis trates!" It authorized a democracy in scope and practice as perfect as that of this day, of which our existing concessions of civil rights, we think, are offshoots. The principle of a majority rule was set in the machinery of civil power at Pema quid. "From time to time (it was de clared) the people may establish such laws and ordinances for government, and by such officer and officers as most voices shall elect and choose."1 Such were the principles of civil right and law, laid as the basis of legal enforce ment and adjudication of the proprietors court at Pemaquid till Sept. 5, 1665. On the twelfth of March, 1664, the great fishing plantation of Aldworth and Elbridge, and Popham's estate on the east side pos sessions, were acquired by the Crown of Great Britain, and converted into a ducal province for the Duke of York, under the the style of " Pemaquid and Dependencies." A new civil organization was created Sept. 5, 1665, by a royal commission at "Sheepscot Falls," which held its sessions at the house of John Mason. Pemaquid and its dependencies were erected into a county, called Cornwall and two towns as centers of administration of civil affairs were created. The chief or capital embraced the Pemaquid Harbor Plantation, Islands and " New Harbor," the old Popham Port, and named "James Town" of Pemaquid, probably in honor of James, Duke of York, the royal proprietor of the Province. The " Sheepscot Farms," were created a shire town, called " New Dartmouth," probably, from the fact that most of the population were immigrants from Devonshire, and its river " Dart." A new legal tribunal was organized, called " Court of General Sessions," and 1 See Pemaquid Patent.