Before May of this year, and while another trial of the case regarding the claim of Joseph to land awarded Jonathan is still in progress, occurs the death of Joseph Rogers. It is not unlikely that had both brothers lived they would have come to an amicable adjustment of the difficulty; since the evident perplexity of those charged with examination into the case, indicates reasonable arguments upon either side, and thus a matter well fitted for compromise. Our glimpses of Joseph Rogers are meagre. He and his wife appear not to have joined the Newport church, but were evidently members of the church of which John Rogers was pastor. (We have seen the wife’s baptism, Chapter II.) Yet, of late years, Joseph has been scarcely more noticeable than Jonathan, as regards arraignment for labor on the first day of the week, which, as in case of the latter, appears to prove that his labor was not of an ostentatious character. That he was steady, thrifty, industrious and enterprising is very evident. He added largely, by purchase, to the lands given him by his father, and had become proprietor of a saw-mill and corn-mill at Lyme. He died intestate, and his widow, Sarah, administered on his estate. Sarah Rogers now carries forward the suit in which her husband was engaged. The court appears not unfavorable to her presentation of the case; but, on account of a neglect on her part in regard to certain technicalities, the trial comes to a pause, and, through lack of further action on her part, the case is again decided in favor of Jonathan. In March, 1697, complaint is made to the Governor and Council that John Rogers and William Wright, who were “to be kept close prisoners,” are frequently permitted to walk at liberty, and the complainants (names not stated) declare their extreme dissatisfaction with the jailer and any that connive with him in this matter. It is ordered that said persons be hereafter kept close prisoners, and that the jailer or others who disobey this order be dealt with according to law. Has John Rogers made such friends with the prejudiced and cruel jailer of 1694? Even so (see Part I., Chapter IV., for testimony of Thomas Hancox, and Part I, Chapter II., for scourging of John Rogers at Hartford and part of same jailer in this abuse). In 1697, the General Court appoint a committee to revise the laws of the colony and certain “reverent elders” to advise the persons chosen in this affair,[83] and also “to advise this court in what manner they ought to bear testimony against the irregular actions of John Rogers in printing and publishing a book reputed scandalous and heretical.” Footnote 83: A very distinct glimpse of the power given to ministers of the standing order in state legislation.