The Rogerenes: some hitherto unpublished annals belonging to the colonial history of ConnecticutBolles, John R. (John Rogers)
History
The Rogerenes: some hitherto unpublished annals belonging to the colonial history of Connecticut
Bolles, John R. (John Rogers)
Rogerenes -- History
Although no reply is returned to the message which the authorities
of New York have sent to the authorities at New London, in behalf of
John Rogers, this proof of friendliness on the part of New York
dignitaries towards the refugee from Connecticut, and their evident
knowledge that this refugee had been imprisoned on false pretences,
has so salutary an effect, that when, after a stay of three months
in New York, the nonconformist boldly returns to New London, no
attempt is made at reimprisonment.
This indomitable man immediately makes a move to prosecute the judge
and justices of the County Court who, in June of the preceding year,
not only tried in New London a case of “man-stealing,” pretended to
have been committed within the jurisdiction of Long Island, but
tried a case of this serious nature—even capital upon the law
book—without a jury. He must be well aware that such protest on his
part is not only likely to be very expensive but wholly ineffectual.
Back of this judge and these justices, stands Governor Saltonstall;
moreover, any blame attaching to them would attach equally to the
governor from having so signally punished the man who had declared
against the illegal proceedings of the court at the time. Yet he
makes the appeal manfully. Those who have heard the previous
circumstances will hear also of the vain effort for justice,
and this itself may help to weaken the despotic rule of an
ecclesiastical clique.
1713.
In May of this year, at the session of the General Court, the
judge and justices of the County Court appear, to answer to the
above charges; John Rogers having, by repeated efforts, secured
this much of attention. (See his account, Part I., Chapter V.) The
defendants stand mainly upon objections regarding time and form of
the Petition, on the part of the plaintiff. They say there was
nothing in John Roger’s petition that showed any appearance of
maladministration, and that, had there been any ground for his
complaint, it did not come within the time limited by law. This
shifting from the main ground to technical points, with denial of
any importance to be attached to the significant charges (lack of
jury and wrong jurisdiction), call for legal knowledge and adroit
argument regarding minor points of the law, by way of evading the
question of vital importance. In short, the case is, by legal
device, taken away from the plaintiff at the start. As a show of
justice, the court offers the plaintiff legal counsel; not to
decide whether this case should have been tried where, and as, it
was tried, but mainly whether the plaintiff’s petition was within
the time specified by law. Every difficulty possible had been
placed in his way to retard the case, doubtless with this very end
in view. The plaintiff refuses to make any reply, since he can
reply to nothing but legal evasions. It being proven to the
satisfaction of this court that John Rogers has nothing to
complain of, he is ordered to pay the expenses of the judge and
Public-domain text, read in full here on John Shaqi.
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