The Rogerenes. John R. Bolles
to dinner, which you call a riot. I went into no other seat but that which I was seated in by them whom the town appointed to seat every one. The building of the meeting-house cost me three of the best fat cattle I had that year and as many sheep as sold for thirty shillings in silver money. For which said fine of ten shillings, the officer took ten sheep, as some told me that helped to drive them away. The sheep were half my son’s. They were marked with a mark that we marked creatures with that were between us, which said mark had been recorded in the town book, I suppose for above twenty years. And after they were sold, the officer went into my son’s pasture, unbeknown to him, and took a milch cow which was between us (my part he hired), all upon the same fine of ten shillings. Such things as these have been frequently done upon us; but my purpose is brevity, and such things as these would contain a great volume; therefore I think to mention but one more. I was fined £20 by a Superior Court for charging an Inferior Court with injustice for trying upon life and death without a jury. The judge of the Superior Court that fined me was this present Governor, who also denied me a jury, though I chose the jury then panelled. For which £20 and the charges, an execution was laid upon land which I bought for my son, with his own money, and after it was taken away by said execution, he went and bought it of you this present Government, and gave you the money down for it, and you gave him a patent for it I think as substantial as your patent from the crown of England for your Government, upon all accounts, being sealed with your seal and with your present Governor’s hand and your Secretary’s to it. The patent cost 19s. to the Governor for signing it. And when you had got his money for it, and given him said patent, then you took this very individual land from him, and kept his money also, and left him nothing but said patent in his hand; for said Governor kept the deed which the man of whom I bought it gave, and keeps it to this day, I think for that end that my son may not help himself of said deed; for the man of whom I bought it lives in another Government.
I prosecuted the judges of your said Inferior Court before your General Court for judging upon life and death without a jury, it being by your own law out of their jurisdiction to judge in so high a fact without a jury; the fact also charged to be done in New York government; to wit, the stealing of three servants out of a man’s house on Long Island in the night. But you non-suited me in your Court of Chancery and laid all the charge upon me and fined me £20. So that if the poor man had not obtained justice in Boston Government, he had lost his wife and children by you, as I had mine; for he had tried in Rhode Island Government before, and had got bondsmen to answer all damages, if he did not make good his right and title to his wife and children. But said Governor of Rhode Island sent them back to this present Governor; but, by the good hand of God, they were after transported into Boston Government, by which means the poor man came at justice.
I thought to have concluded with what is above written; but, upon consideration that it is but two things among many, I shall set before you this last to the end of it. The said Inferior Court did proceed and pass judgment in a case that was upon life and death by the law of God, the law of England and your own law, upon a fact charged in another government, as above said, and without witness. And when I saw they would proceed, I then drew up the following protest and gave it unto your court.
The Protest of John Rogers, senior, of New London, against the proceedings of the present Court, against myself and John Jackson, being a pretended fact done upon Long Island, within the bounds and limits of the Government established there for to do justice and judgment within their limits and territories, and do appeal to their Court of Justice for a trial where I have evidence to clear myself of any such fact.
June 11, 1711.
John Rogers, Sr.
A true copy, testified George Denison, County Clerk.
June 28, 1711.
And I do declare unto you, in the presence of God, that I was not at that time upon Long Island, when the fact was charged to be done, though I was at that time within the government of New York. But when I heard the said Court’s sentence, I did declare it to be injustice and rebellion against the laws of the crown of England; upon which charge, the said court demanded of me a bond of £200 to answer it at the next Superior Court. And when the Superior Court came, I desired to be tried by a jury, and chose that jury then sitting. But this present Governor, being judge of this Superior Court, denied me a jury and fined me £20 and required of me a great bond for my good behavior till the next Superior Court, which I refused to give, upon this reason that I would not reflect upon myself, as if I had misbehaved myself, as I had not. Whereupon, I was committed to prison, and kept a close prisoner in the inner prison, where no fire was allowed me, and that winter was a violent cold winter and there was no jailer, but the sheriff kept the keys, who lived half a mile distant from the prison, and my own habitation full two miles distant; so that it was a difficult thing for my friends to come at me; the prison new and not under-pinned, and stood upon blocks some distance from the ground; the floor, being planked with green plank, shrunk much and let in the cold. My son was wont in cold nights to come to the grates of the window to see how I did, and contrived privately in cold nights to help me with some fire (for the sheriff said he had order that no fire be allowed me), but could not find any way to make it do by giving it in at the grates, they being so close, and no place to make it within. But he, coming in a very cold night, called to me, and perceiving that I was not in my right senses, was in a fright, and ran along the street, crying, “The Authority hath killed my father!” and cried at the sheriff’s, “You have killed my father!” Upon which, the town was raised and my life was narrowly preserved, for forthwith the prison doors were opened and fire brought in, and hot stones wrapt in cloth and laid at my feet and about me, and the minister Adams sent me a bottle of spirits and his wife a cordial, whose kindness I must acknowledge. And the neighbors came about me with what relief they could, all which kindness I acknowledge. But when those of you in authority saw that I recovered, you had up my son and fined him for making a riot in the night, and he desired to be tried by a jury, but you dismissed the jury that was in being and panelled a jury purposely for him, as I was informed—and since have seen it to be so by your own court record—and took for the fine and charge three of the best cows I had.
In which prison I lay till the next Superior Court and in the sheriff’s house. The time of the bond demanded by them being out, I was dismissed. I think the next day, I was going to baptize a person,[13] and, as I was going to the water, the sheriff came to me and desired to speak with me. His house being close by, I went in with him. He went through two rooms and came to the door of the third, and then told me the Superior Court had ordered him to shut me up. Upon that, I made a stop and desired him to show me his order. He said it was by word of mouth. He keeping a tavern, there were many present who told him he ought not to shut me up without a written order. He then laid violent hands upon me to pull me in, but the people rescued me; and then he told me he would go to the court and get it in writing. And so he left me and brought this following Mittimus, this present Governor being judge of this Superior Court also.
“To the Sheriff of the County of New London, or to his Deputy:
“By special order of her Majesty’s Superior Court, now holden in New London, you are hereby required, in her Majesty’s name, to take John Rogers, Sr., of New London, who, to the view of said Court, appears to be under a high degree of distraction, and him secure in her majesty’s jail for the County abovesaid, in some dark room or apartment thereof, that proper means may be used for his cure, and till he be recovered from his madness and you receive order for his release.
“Signed by order of the said Court, March 26, 1712. In the 11th year of Her Majesty’s reign.
“Vera Copia, Testified
Jonathan Law, Clerk. John Prentis, Sheriff.”
And upon this Mittimus, he carried me to prison and put me into the inner prison and had the light of the window stopt. Upon this, the common people was in an uproar, and broke the plank of the window and let light in. And one of the lieutenants that came out of England told me he had been with the said Superior Court and desired that I might be brought forth to their view, and they would see that I was under no distraction, and that they had ordered that I should be brought out to the Governor in the evening. When it was dark night, I was