haps he was not so strongly attached to the new government as to incur the risk and inconvenience of a journey to York. He and Watts were among the officers appointed by this Court. They, together with Jordan, Cleeves and Neale were the Commissioners for Scarborough and Falmouth. Watts was also appointed Constable of Scarborough. The first action of appeal from the Commission Court of Scarborough and Falmouth was tried at this Court. It was at this time also that Watts was presented for "scandalizing" his brother Commissioners. In September of this year a Court was held in Scarborough by the Associates for the County. Jocelyn, Jordan, Nicholas Shapleigh, Edward Rishworth and Abraham Preble were the judges present. This was the annual session for the eastern part of the Province provided for at the time of the towns' submission. This year Scarborough was represented in the General Court of Massachusetts by Edward Rishworth of York, it being a matter of choice whether or not the representative should be a resident of the town represented. The next year Jocelyn was the town's deputy. He was during the same year an associate for the Province, and one of the Commissioners of the town, thus holding at one time three offices of considerable importance. This is but one instance of the great confidence reposed in Jocelyn; others are abundant. The County Court for 1660 appointed Arthur Alger Grand Juryman, Michael Maddiver constable, and Henry Watts "Clarke of ye Writts" for this town. Jocelyn served as Associate and as town Commissioner during 1661, and Andrew Alger as constable. In 1662 we again find Jocelyn associate and commis sioner. The amount of the rates paid by the seven towns of the Province in 1662, was forty-six pounds sterling, of which Scarborough paid seven pounds, more than one seventh of the whole. One can get an idea of the facilities for traveling at that time from the fact that the juryman from Scarborough was. allowed four days at three shilling per day, for the time and expense of getting to York about thirty-five miles distant. The journey was commonly made by water, as there was only here and there a road throughout the Province, and the passage on these hardly so safe as that on the water. Massachusetts had now enjoyed four years of almost quiet rule in Maine. There had been no serious disturbance of her authority; and what with a little yielding on her part, and much self-denial on the part of this Province, affairs had proceeded quite smoothly. But from the first, the partisans of Gorges had with difficulty succeeded in suppressing the rebellious spirit that so often arose in their breasts. Yet convinced as they were of the inexpediency and danger of showing their disaffection towards a government they could not well resist, they had silently awaited their opportunity to rid themselves completely of its jurisdiction. The desired opportunity for ef fecting a change in their political condition came soon after the restoration of the monarchy in England. When Charles II ascended the throne in 1660, the royalists were filled with new hope and energy. Many things done under the Commonwealth were now to be undone, and that was good cause for encouragement to the half-discouraged royalists of Maine. The grandson of the first proprietor had possession of the title to Maine. He petitioned King Charles to reconsider the act of Parliament by which the Province had been declared the property of others than the heirs of Gorges. The King did so, and the consequence was a royal letter to the Governor of the Massachusetts Colony requiring restitution of Maine to Gorges' heirs, or, at least, a good reason to be given for their occupation of it. The colonists only presented the King in return a humble attempt to justify their course of proceedings. Meanwhile Jocelyn, and others, hearing the good news from their party in England, became less careful of concealing their ill feeling towards the existing government of the Province. Soon they threw off all such restraints and openly declared themselves unfriendly to it. In 1662 Jocelyn, and Shapleigh Kittery, refused to take the oath of office as Associates for the Province. This was the first of a series of acts by which Jocelyn and his friends showed themselves determined to overthrow the authority to which Maine had been subjected for four years past. At a General Court held in Boston October 18th 1662, the following order was adopted—" It is ordered by this Court and the authority yr of yt Capt. Rich. Walden shall bee and is here by commissionated and fully impowered to repare to Yorke at ye tyme of ye County Courts adjournment and send for the severall psons chosen Commiss'rs by ye said County and give ym yr severall oaths to administer justice according to Law for ye yeare insewing till new bee chosen and sworne." This order was calculated to test Jocelyns loyalty to Massachusetts he being at that time a Commissioner lately appointed by the County Court. Capt. Waldron appeared at the place and time ordered, but did not succeed in obtaining, at least from two of the commissioners, an acknowledgement of Massachusetts' au. thority. The two who refused to take the required oath were Jocelyn and Shapleigh. The reason of their refusal is contained in the following protest. "Wee Henry Jocelyn and Nich: Shapleigh Commissioners of the Province of Mayne under Sir F. Gorges Kt. Lord Proprietor of sd Province do protest against the acts and orders of ye General Court of the Massachusetts exhibited by Capt Walden at our adjourned County Court, being contrary to our former articles and a collaterall agreement with our Commiss'rs at Wells."+ In this contest most of the townsmen of Scarborough took part with Jocelyn. So great was his influence over them, and * York Records. + York Records. their own dislike of the government they were under, that an acknowledgment of Massachusetts authority, in the usual way of forwarding returns of officers to be approved by the General Court, was not made by the town in 1663. On the records of a Court held July 7th of that year, by the Massachusetts Commissioners, and such of the associates of the County as had taken the oath of office before Capt. Waldron, we find the entry-"Noe returns are made by the Towns of Sacoe or Scarborough." The Massachusetts Commissioners became somewhat alarmed at the state of affairs in these towns, and immediately issued a proclamation, in which, it will be perceived they strike a softer key, and instead of loudly denouncing the Yorkshire rebels, talk mildly of something like "indemnity and oblivion," As this proclamation is closely connected with our history we give it entire. "Whereas severall Towns within this County of Yorke have not yett made Legall election of Commiss'rs for small causes, wee do yrfore order that each Towne that is hitherto wanting therein shall with all convenient speed attend. a choyse of such officers and all other Civill Towne officers yt are not yett chosen according to Law and yr own priviledges form❜ly granted by the authority of the Massachusetts, and do further order that the officers soe chosen shall repayre to Capt. William Phillips of Sacoe, who is hereby impowered to give cach of them yr respective oaths according to Law; And whereas It appeares that severall p'sons haveing beene appoynted officers by ye late p'tended power under Esqr Gorges, have acted in yr respective places, wee doe hereby order and grant that such p'sons wtsoever as have acted peacebly and civilly upon ye orders and warrants receaved as aforesd shall bee henceforth free and fully discharged from all question, p'sentments or Legall proceedings In any respect to yr damage and disturbance In any of such yr actings, and do further order and require that all manner of p'sons within the sd county of Yorke, that are priviledged by Law or p'ticular grant mayd to this County, that they make Legall election of a Sarjiant Major for commanding of ye Militia of ye sd County in such convenient season that ye voats may be p'sented at the next Court of as sotiats to bee held In this County there to bee opened and ye election cleaved (declared) and do hereby appoynt and Impowre the sd Court to give the oath of Law provided In that case to ye p'son then soe elected and chosen. WILLIAM HAWTHORNE. The party in favor of Massachusetts jurisdiction was strong enough in Falmouth to elect two of the three commissioners for that town, but here it seems to have been too weak to elect any of the town officers. Still there were many who were disposed to acquiesce in the jurisdiction of Massachusetts until they should hear from England the further commands of the King, and the lord proprietor of the Province. Without the interfer ence of a stronger hand, the same necessity for their complete submission which before existed, would now return. Aware of this, and knowing also how unavailable their greatest strength was, unless time were allowed for the action of parties in England, the inhabitants of this town and of Falmouth appear to have agreed to a temporary adjustment of their difficulties with Massachusetts. In order to effect this they chose attorneys for the towns, who attended the next Court at York and offered the following submission-"These psents testify that Wee Arthur Augur & Fran: Small Atturneys for the 2 Townes of Scarborough & Falmouth, to act for them according to the tenour of the sd Letter of Atturney, at the County Court held at Yorke this 6th day of July 1663: Wee do hereby declare *York Records. |