At this same November court, we find several other cases relating to this history. Samuel Beebe again demands of Capt. James Rogers the land made over to himself by the irregular “deed” of the widow. He and John Keeney and wife (formerly wife of Jonathan Rogers) make claim to all the “moveables” by the same document. These cases go against the plaintiffs. Samuel Beebe appeals to the Superior Court.
At this court, also, James, Jr., makes another effort for poor Joan. The case having already been settled on one presentment, he bases his complaint upon different grounds. He says that, in the preceding June, Samuel Beebe brought a suit against John and Bathsheba, previous administrators, for possession of Joan, on plea that she was given to Elizabeth Beebe by the widow as part payment of the legacy of £10; but that for Samuel Beebe to make claim of John and Bathsheba at that date—he himself being at said date executor of the estate in place of John Rogers—or for John and Bathsheba to appear on a court summons to answer such complaint of Samuel Beebe was irregular procedure. He states that, at the time Samuel Beebe declares this disposal of Joan by the widow to have been made, the latter was incapable of managing any business, or even of taking care of herself, and was under the guardianship of John and Bathsheba, according to the intent of the testator; also, by order of the court, they were her guardians and the managers of the estate; so that she had no right to dispose of Joan, neither had any possession of her at the time. He avers that by John and Bathsheba illegally joining a false issue with Samuel Beebe, in not reminding the court that they were no longer executors,[[116]] Joan had been adjudged to Samuel Beebe and taken by execution. He demands Joan with damages. It is a good case, but of course it fails. The court is not willing to reverse its former decision. James, Jr., appeals to the Superior Court. But it will be useless to ask the judge of that court to alter a decision by means of which he has been able to incarcerate his opponent. (The case is not brought before the Superior Court, but apparently dropped as a useless endeavor.)
Late in this month of November, occurs the death of Bathsheba (Rogers) Fox.[[117]] She has been heroically faithful to the departure instituted in 1674, only, at the last, to see this beloved brother again in the iron clutches of ecclesiastical hatred, he who would have been among the first to hasten to her bedside. How bitter to him, in those last days of his devoted sister, must have been the cruel bonds that held him at a distance, while she went down to death.
1712.
Under date of March 7th of this year, we find a deed of gift[[118]] of some land (adjoining Mamacock farm) from John, Sr., to John, Jr., with the statement therein that this gift is to make up to his son for the land that had been taken from the latter for a fine of £20 imposed upon himself ([Part I., Chapter V.]), also for a choice cow and a considerable number of sheep that had been taken from his son to satisfy like claims against himself. He states that this gift is also to stand as a testimony of his appreciation of the fact that this son who
“was taken from me in his infancy, upon the account of my differing in judgment, and ordered by the Authority to be brought up in their principles, incensing him against me his own father, and thus kept from me till he came to a young man’s estate; yet, notwithstanding, last winter now past, hath been an instrument in the hands of God, to preserve my life in an unfinished prison, with an open window facing towards the northwest, I being fined and imprisoned by two several courts without any trial of law by a jury.”
It will be remembered that John Rogers is still in prison, awaiting the sitting of the March session of the Superior Court in New London. This now opens, March 25, at the meeting-house.
At the opening of the court, the sheriff announces that he has kept John Rogers safely until now and has him still in custody. The court orders the sheriff to set said prisoner at large.
Samuel Beebe fails to follow up his claim on land of Capt. James at this court, but renews the suit regarding alleged gifts of the widow to his wife, viz., “moveables,” including certain young slaves belonging to the estate of James Rogers. He enters suit, by his attorney, Colonel Livingston, against Samuel Fox (husband of Bathsheba) for two negroes with £5 damages, and against John Rogers, Jr., for three negroes; all five being free negroes in employ of said persons. The verdict goes against him. John Keeney and wife also lose a similar suit for similar alleged gifts on the part of the widow.
On this same day, James Rogers, Jr., having presented his accounts, etc., to the Probate Court, as executor, said court orders distribution to be made of the residue of the estate (movables), according to regular form of law when a person dies intestate; a double portion to Samuel, as oldest son, the remainder to be equally divided between the other children. This gives James Rogers one-eighth of the movables, instead of the much larger share accorded by the codicil. Evidently self-interest had no part in the move made by James, Jr. Now comes the part of Samuel Rogers in this final issue. He states to the court, “in writing,” that he has already, and before his mother’s decease, received, by the terms of agreement among the heirs, according to his father’s will, all that was due[[119]] to him from his father’s estate, to his full satisfaction, and absolutely quits claim to anything further. Joshua Hempstead is ordered to make distribution.