The Rogerenes: some hitherto unpublished annals belonging to the colonial history of ConnecticutBolles, John R. (John Rogers)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The Rogerenes: some hitherto unpublished annals belonging to the colonial history of Connecticut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
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._
* * * * *
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