of Kent, the first-named amongst the Commissioners appointed to organize a government under the first charter of Maine in 1639; but Sir Thomas failing to come to this country, Thomas Gorges was substituted as first Governor of Maine. Our distinguished townsman arrived in New England in 1634 as chief agent for Mason at Piscataqua. The year of his arrival is satisfactorily ascertained from a letter, sent by Mason to Ambrose Gibbins, then acting as his agent in this country, dated May 5th 1634, in which he says: "These people and provisions which I have now sent with Mr. Jocelyn are to set up two sawmills &c." This letter was received July 10th of the same year, and that was without doubt nearly the exact date of Jocelyn's arrival. The same year Gorges and Mason wrote to their agents inthis country directing them to divide their joint property, and to deliver Mr. Mason's half of the same "unto Mr. Henry Jocelyn for the use of our plantations." Jocelyn continued to act as agent for Mason until the death of that proprietor, which occurred during 1635. His duties, while in the service of Mason, were equal to those of a proprietor; the constant care of the young settlements, and the management of their affairs in such a manner as that neither the settlers nor the proprietors should suffer. In addition to his labors at the Piscataqua settlement he was engaged in an exploring tour into the interior of the country which was started by Mr. Mason, but failed of its object. It was Jocelyn's intention to establish himself on the

+ Farmer's Belknaps App. VIII.

*In Morton's " New English Canaan," an extremely rare book, may be found the following notice of this expedition. "A more complete discovery of those parts (" Erocoise Lake" now Lake Champlain) is, to my knowledge, undertaken by Henry Joseline, Esquire, son of Sir Thomas Joseline, of Kent, Knight, by the approbation and appointment of that heroic and very good Commonwealth's man, Captain John Mason, Esquire, a true foster-father and lover of virtue, who at his own charge hath fitted Master Joseline, and

Newichawannick near the present site of Berwick, but the death of Mason, and the subsequent confusion of the proprietor's affairs prevented him. Soon after the death of Mason, the Piscataqua settlements were so neglected that the settlers there became discouraged, and some of them went away. This was an emergency in which Jocelyn could not act without authority from the heirs of the proprietor; and as he heard nothing from them he could render the suffering settlements no assistance. He therefore abandoned the intention of settling near Piscataqua, and removed to Black Point, during 1635. There can be no doubt that Jocelyn made this movement by desire of Gorges himself, for he soon became the most extensive proprietor of lands who has ever lived in the town. Probably he was favored with private grants from Sir Ferdinando, which, added to the Cammock Patent left in 1643, made him the owner of a considderable part of the town as it then extended. From his large estate he granted portions to new settlers, and leased to several planters around him two or three large farms.† Jocelyn resided with Capt. Cammock near the Ferry Rocks until that gentleman's death in 1643, when he married his widow, and thus became altogether his successor. In his will, Cammock styles Jocelyn, "my well-beloved friend ;" and they appear to have been ever as good friends as they were worthy of each other's respect and esteem. The year after Jocelyn took up his resiemployed him to that purpose, &c." (Quoted in a note to Folsom's Address. Maine Hist. Coll. Vol. 2.)

* Hubbard, in his "History of New England," speaks of" some agreement" between Gorges and Jocelyn, which was the cause of the removal of the latter to Black Point, but does not inform us what it was.

A list before me of various grants of land at Black Point made by Jocelyn and Scottow between 1660 and 1682 exhibits a total for those years of thirteen hundred and seventy acres. See also App. C.

dence at Black Point he entered upon his distinguished political

career.

In 1635, Sir F. Gorges organized the first government of his Province by sending to it Capt. Wm. Gorges, his nephew, as governor, with commissions to Richard Vines, Richard Bonython, Thomas Cammock, Henry Jocelyn, Thomas Purchase, Edward Godfrey, and Thomas Lewis, as Counsellors of the Province of New Somersetshire. These gentlemen held their first Court at Saco, March 25th; 1636 when they passed several orders for the better regulation of the Province. Amongst these was the order, which we have already noticed, against the "Kettell" of Mr. Stratton. Another order of that Court possesses a peculiar interest now, when legislation on temperance has become so successful, as the first law on the subject ever passed in the State. It stands upon the records thus: "It is ordered that any man that doth sell strong liquor or wyne, shall suffer his neighbor, laborer or servant, to continue drinking in the house except men invited or laborers upon the working day for one hower at diner, or stranger, or lodger there, the said offence being seene by one justice of the peace within his limits, or constable, or proved by tew witnesses before a justis of the peace, such seller of strong liquor or wyne shall forfeit for every such offence tenne shillings." The intent of this law is excellent, but it is questionable whether the "one hower at diner" is not too large a loophole' for its efficacy. It is well known that many of our early settlers were constantly in habit of drinking spirituous liquors, and that they sometimes drank great quantities without experiencing at the time any bad effects from it. John Jocelyn, the voyager, who resided a few years with his brother Henry, at Black Point, notices this fact, and seems to have been at a loss to account for it with any show of reason until he hit upon the following shrewd method. "The climate,' he says, "is reasonably temperate, hotter in summer and colder

in winter than with us, agrees with our constitutions better than hotter climates. These are limbecks to our bodies. Foraign heat will extract the inward, and adventitious heat consume the natural; so much more heat any man receives outwardly from the heat of the sun, so much more wants he the same inwardly, which is one reason why they are able to receive more and larger draughts of Brandy, and the like strong spirits, than in England, without offence." This Court also passed a law, during its second session, requiring every planter "to do his best endeavour to apprehend, execute or kill, any Indian that hath binne known to murder any Inglish, kill their cattle, or any way spoyle their goods, doe them violence, and will not make them satisfaction." It was proper for the worthy Counsellors thus to protect by law the lives and property of the settlers; it was also highly commendable in them not to overlook the rights of the nations, of which they showed themselves mindful by appending to this same law against the Indians an order requiring John Cosins † to satisfy an Indian for the wrong done him.

When Gorges' Patent was confirmed by the King in 1639, Jocelyn's commission was renewed, and he became one of the Counsellors of the Province under its new name of Maine. These Counsellors had authority to try all causes in the Province which might come before them, from the least to those of the greatest importance. They met and held the first General Court for Maine at Saco, June 25th, 1640, at which time Jocelyn and the other Counsellors, excepting Thomas Gorges, appeared and were sworn into office. By this Court, John Wilkinson was sworn constable of Black Point. This is the earliest record of the appointment of a town officer for this town; and there is no reason to suppose that there were any appointed before Wilkin

(*Jocelyn's. Voyages.)

+ Cosins or Cossons lived at North Yarmouth from 1645 to 1675.

son. The appointment of this office at least shows a goodly increase in the number of inhabitants in town since Cammock's settlement, whatever the character of the officer may lead us to infer respecting the conduct of the additional settlers. A similar officer was appointed for Falmouth at the same time. At that time Falmouth contained at least nine families,* and Black Point including Blue Point, no less than eight. We regret our want of information respecting Wilkinson. All we can add to this scanty record of him is, that he died in 1666, and that Mr. Richard Callicot of Boston administered upon his estate.

In 1643 Gov. Thomas Gorges returned to England, having been called home by some event of the revolution then raging there. The Counsellors continued the government of the Province in the absence of its head, without any intimation from the proprietor as to the course to be pursued during the absence of the Governor. Sir Ferdinando was so deeply engaged with the affairs of his country, that for a while he quite forgot his distant Province. The government of the latter was in the hands of men whom he could safely trust to administer it; but thinking more of the good government of England, he gave his attention to her to the neglect of his private interests in America. After waiting two years without receiving any orders from Gorges, (who was at this time lying in prison, having been captured while assisting in the defence of Bristol against the parliamentary troops) the Counsellors proceeded to act upon their own responsibility. At a Court held Oct. 21st, 1645, they passed the following: "Ordered by this general court that whereas wee

* Willis' Portland p. 38.

Those of Cammock, Boaden, and Lapthorne on Black Point proper, and of Foxwell, Watts, Dearing, Edgecomb, and Smyth at Blue Point. There doubtless were other families at Black Point in 1640. Constable Wilkinson probably resided there, but the above are all whom we know to have been there.