Saco the commissioners could discover no signs of the same spirit. Black Point, as the whole town was then designated, and Casco, remained firm in their opposition to the authority of the Massachusetts Colony. The leaders of the opposition in this part of the Province were Jocelyn, Arthur Macworth of Casco, and Robert Jordan of Spurwink. These were men of note, and were warmly attached to the party of Gorges.Macworth died without having acknowledged Massachusetts' authority; Jocelyn and Jordan held out against it during the succeeding five years. The position assumed by Jocelyn in this contest was exactly that which was most proper for him. His conduct throughout the whole affair was that of a firm and zealous, but honorable royalist. We cannot but admire the firmness with which he withstood the aggression of this powerful neighbor. In 1654 he and Jordan were summoned to appear before the Massachusetts' Commissioners at York, but not having acknowledged the authority which called them, they refused to go. During the same year Jordan was arrested and imprisoned at Boston for persisting in baptizing children according to the Episcopal form, although repeatedly forbidden to do so by the authorities of Massachusetts. He was soon released, and within a short time both he and Jocelyn were arrested and required to give bonds for their appearance before the General Court. Meanwhile there seems to have been a growing disposition on the part of the inhabitants of this town, to put an end to the unpleasant controversy. The harsh treatment of the opposition leaders by the Massachusetts' government, and the frequent calls for submission, plainly showed a determination on the part of the claimants to enforce their pretended right of jurisdiction. In view of this firm resolution, backed by so great John Bonython of Saco, was actor in this opposition; but although notorjous, he possessed little influence with the people of the Province. party power, their own began to waver, and they seriously to consider whether after all they might not better their condition, so far at least as mere civil rights were concerned, by submitting themselves to a power they could not long withstand. Many of them now ceased to regard the matter as one in which cherished principles were involved, and chose to look at it in the light of expediency. Viewing it thus they could not resist the conclusion to which their good sense led them, that for the present, at least, they should submit. In thus deciding against their pref erences, and for their temporal interests, they cannot be said to have made even a pleasure of their necessity, much less a virtue. Jocelyn undoubtedly considered the question of submission to Massachusetts authority as one with which principle had more to do than mere motives of interest. He was a royalist from principle, as well as by birth and education. Had he not been so he would not have remained a royalist as he did when it would have been altogether for his interest to be a republican. And we may rest assured that he did not yield to Massachusetts until convinced that he could do so without any sacrifice of principle. In 1657, Jocelyn and Jordan made their appearance before the General Court, and were discharged from their bonds. In May 1658, Massachusetts appointed Commissioners who were directed to repair to "Black Point, Richmond's Island, and Casco, or some such one place within the county of York, as they shall judge meet, there to take in the inhabitants thereof into our jurisdiction." These Commissioners arrived here in July, and having summoned all the inhabitants of this town and Casco to appear before them, they held their Court on the 13th day at the house of Robert Jordan near the mouth of the * Massachusetts' Records. Spurwink. Most of those summoned, attended prepared to end the contest. But there were men amongst them who could not submit without a struggle. Such were they to whom the commissioners indirectly refer in their report, in which they say: "After some serious debate of matters betwixt us, removal of some doubts, and our tendering some acts of favour and privilege to them, the good hand of God guiding therein, by a joint consent, we mutually accorded in a free and comfortable close."+ The "comfortable close" was nothing less than the submission of those inhabitants who attended the Court, attested by their respective signatures and their oath of allegiance. Undoubtedly such a result was "comfortable" to the commissioners. The following is the act of submission as preserved on the Province Records: "July 13: 1658. Wee the Inhabitants of Black poynt, Blew poynt, Spurwinke & Cascoe Bay, with all the islands thereunto belonging, do owne & acknowledge our selves to bee subject to the Government of the Massachusetts Bay In New England as appears by our severall subscriptions, In reference to those severall articles formerly granted unto Dover, Kittery & Yorke, which are now granted & confirmed unto us togeather with some additions as appeareth upon Record."‡ Twenty-eight persons signed this acknowledgement, of whom the following fourteen were inhabitants of this town: Henry Jocelyn, Richard Foxwell, Henry Watts, Samuel Oakman, Abraham Follen, Andrew Browne, Ambrose Boaden, Sen., Michael Maddiver, Thomas Hamweth, John Tenney, Arthur * Probably the same "acts of favour" that were proffered by letter to Gov. Godfrey in 1652, when he wrote in reply—“ (as) For sharing your favours to By your favour Gentlemen, we are loath to part with our pretious lybertys for unknowne and uncertaine favours." us: t York Records. York Records. Alger Jr., Ambrose Boaden, Nicholas Edgecomb, George Taylor. The Commissioners, not entirely satisfied with this written pledge of submission, further bound the inhabitants by oath to recognize the authority of Massachusetts, as appears from the additional record. "The psons which have subscribed unto this wrighting, as above mentioned, have further by oath ingaged themselves to the authority of Massatusetts at the date hereof being the 13th day of July 1658." The articles granted by the Commissioners were eleven, of which the following are the most interesting.* "2. That an act of indemnity or oblivion is freely granted them." "6. That the civil privileges now granted them we do not intend shall be forfeited upon differences in matters of religion but their regulations therein must be according to penal laws." "7. That those places which were formerly called Black Point, Blue Point, and Stratton's Island thereto adjacent shall henceforth be called by the name of Scarborough. The bounds of which town on the western side beginneth where the town of Saco endeth and so runs along on the western side of the river Spurwink eight miles back into the country." "10. That the towns of Scarborough and Falmouth shall have commission Courts to try causes as high as fivety pounds." "11. That those two towns of Scarborough and Falmouth are to send one deputy yearly to the Court of Election, and have liberty to send two deputies if they see cause." Amongst these articles of agreement will be noticed that changing the name of the town to Scarborough. This name, like most of those adopted by the early settlements in New England, was undoubtedly chosen as an appropriate mark of affection on the part of some of the absent children of Old For a full copy of these articles see Vol. 1st Maine Historical Collections, p. 290. Scarborough in England.† Thus the Colony of Massachusetts Bay finally succeeded in the effort to extend its jurisdiction over all the towns within the claim. But, as we have had occasion to notice already, and as will appear more fully hereafter, this success is to be attributed to other causes than a decided change in the opinions and affections of the inhabitants of this Province; for such a cause did not exist. The Massachusetts authorities took care to secure the services of Jocelyn in the administration of the civil government of the Province. He and Watts were appointed Commissioners for Scarborough under the tenth article of agreement. In conjunction with the Falmouth Commissioners they constituted a Court for the trial, without a jury, of causes not exceeding fifty pounds in value. Jocelyn was also chosen one of the Magistrates for 1658. These were higher officers who exercised jurisdiction throughout the Province, and whose duties were of much more importance. Besides the annual Court held at York, another was appointed to be held in September of each year at Scarborough or Saco. These are the principal features of the new administration to which the Province was now subjected. CHAPTER III. JOCELYN AND THE MASSACHUSETTS AUTHORITIES. The first Court under Massachusetts authority was held at York, July 4th, 1659. Jocelyn does not appear to have been present on this occasion. Whatever may have been the cause of his absence at this time, while acting under Gorges' authority he was to be found constantly in his place on the bench. Per † A market town in the North Riding of Yorkshire, much frequented for its celebrated mineral Springs. (Barclay's Dic.) |