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 justices for their attendance on the court.
This man has ever in such cases a last resort, to be used at whatever peril. Then and there, before this assembly, he again charges the County Court held in New London, with “felony, rapine and injustice,” and moreover declares the daring truth that the Governor of this Colony, here present, is an abettor of the same. The court, having considered his offense and high misdemeanor, resolve that he shall pay a fine of £20 to the public treasury, and execution upon his property is to be granted by the Secretary.
In November of this year, Capt. James Rogers passes away. To the last, he has been a busy man on land and sea. July 1st he returned from one of his voyages to the Barbadoes (“Hempstead Diary”). He owned and operated a tannery and cooper’s establishment at Goshen. He left a large estate, and followed his father’s example in desiring his children to settle the same out of court. This settlement proceeded in a perfectly orderly and harmonious manner. Despite the fact that his sons, James and Richard, had become connected with the Congregational church, he and his wife evidently continued in their nonconformist faith, as particularly proven by the remonstrance of 1695.[[122]]
In December of this year, occurs the death of Samuel Rogers in his 73d year. Although this evidently superior man, by his distaste for controversy and public proceedings, as well as by his busy life in developing the new lands of Mohegan (whereby his name is written all over the early books of New London land records), has succeeded in hiding himself largely from the view of future generations; yet when compelled to present himself to such view, he has always been found acting the manly part. Throughout the early period of persecution, he was plainly in sympathy with his father and brothers, and proofs of continued sympathy with the Rogerene cause are evident to the last. He kept quietly but firmly aloof from the church that persecuted his relatives, despite counter-influences in his own family. For some twenty years of his early manhood, he conducted the bakery business on the former large scale and handed it to his son unimpaired. Besides the enterprises of his pioneer life, he was a shipowner and business man at large. Although possessed of great wealth for his time, he so managed to distribute his property in his lifetime that little more than cattle and movables remained to be disposed of after his death, which personal estate was left to his wife Joanna, the executrix. In his will is the following clause: “one cow and six sheep to be delivered unto John Rogers, son of brother John Rogers, to be disposed of as I have ordered him.” Also the executrix is to act with the advice of above said John Rogers and Samuel Fox, “oldest son of my brother Samuel Fox” (husband of Bathsheba). At the writing of this will, February 13, 1713, the testator states that he is in “perfect health.”
1714.
Mary, the second wife of John Rogers, was, a number of years since, married to Robert Jones of Block Island.[[123]] It is now fifteen years since John Rogers took her for his wife and twelve years since their enforced separation. He has recently become attached to an estimable widow, by the name of Sarah Cole, of Oyster Bay, L.I., a member of the Quaker Society of that locality. Although favorable to his suit, she is yet inclined to hesitate, on account of rumors that have been circulated in regard to his separation from Mary. In his prompt, straightforward way, he desires her to accompany him to Block Island, to learn from Mary herself if she has anything to say against him. This request is so reassuring, that the publication of their marriage intentions takes place at New London, July 4, 1714 (“Hempstead Diary”), after which they visit Mary at her home on Block Island. Mary gives Mrs. Cole so favorable an account of John Rogers and the treatment she herself received from him, that the ceremony is performed by Justice Wright before they leave the island.
[There is evidence, from the court records and testimony of Peter Pratt,[[124]] that this wife, Sarah, was of attractive personality, also that she was a zealous religious co-worker with her husband, and that they lived happily together at Mamacock, with John, Jr., and his family and the two children of Mary.]