In the month previous to this singular act of the widow, the committee appointed by the court, to divide the estate according to the will, announced their division, adding “when John and Bathsheba shall pay out of the moveable estate[[66]] to Eliz. Beebe the sum of £10,” “if the widow so order,” the remainder of the estate, real and personal, shall “remain under the care and management of John and Bathsheba during their mother’s life for her honorable maintainance,” also that, after decease of the widow, the real estate and what shall remain of the personal estate be disposed of according to the will of the testator.
There was a distinct blunder in the words “if the widow so order” regarding the payment of the £10; since the will distinctly says that the £10 are to be paid by the widow to Elizabeth (“out of the moveables”) “if she sees good, with the advice of my son John,” and the codicil makes no change in regard to this clause. The report of the committee omits the advice of John in this matter, which omission probably seemed not very important to any one at the time. (It will later appear that serious results ensue from this apparently slight and inadvertent court error. See Chapter VII.)
About this time, the widow gives to Elizabeth Beebe (as afterwards appears) the estimate of the £10, in the shape of a little colored girl named Joan, who is classed in the movable estate, and she does this without “the consent of my son John.” In so doing, she not only ignores the will of her husband regarding the advice of John, but also the erroneous wording of the committee’s report that this £10 is to be paid by John and Bathsheba, at her direction. Had she but permitted these guardians and executors to pay the £10, Joan would not have figured in the transaction, it being no part of the intention of John and Bathsheba (as will later appear) that any of their father’s slaves should be sold or given away to remain in lifelong bondage. The two executors and guardians make no complaint to the court of these irregular actions on the part of their mother, or of the wrong wording of the recent report of the committee (nor shall we in any instance find them deviating by a hair’s breadth from the request of their father to make no appeal regarding his estate to earthly judges, although such appeal at this early stage would have saved incalculable trouble hereafter). However, Joan is not given over by them to Elizabeth Beebe.[[67]]
Another part of the erratic document of the widow is that after her death all the “moveables” shall be divided between her son Jonathan and her daughter Elizabeth, again totally ignoring the codicil of the will, which speaks only of John, Bathsheba and Captain James as being concerned in the division of “the moveables” after her death, except that Elizabeth is to have “three cows.”[[68]]
Although the widow has evidently the encouragement and assistance of Samuel Beebe in this proceeding, there is no appearance of any complicity on the part of Jonathan, who exactly conforms to the terms of the will and the executorship of John. Captain James makes no complaint to the court of the fact that Samuel Beebe is already claiming, under this procedure of the widow, a piece of land which is a part of the farm given to himself by the will, for which he is paying rent to his mother by order of the executor. He quietly makes a temporary sale of the thirteen acres to an attorney, of which sale Samuel Beebe complains (New London Records), but evidently in vain.
This is but the beginning of annoyances which certain children of James Rogers are to endure, on account of their determination not to disobey their father’s request in regard to any appeal to “earthly judges.” Little could the testator foresee that his attempt to keep his estate out of the court would be the very means of litigation, through the vagaries of his mentally diseased widow, unchecked by appeal to the court on the one hand, and encouraged by interested parties on the other.
1693.
Before the close of the year 1693, John Rogers is fined £4 for entertaining two Quakers at his house “for a month or more.” He has (by the testimony of his son, see Part I) no fellowship with these men, except as regards his concurrence in the doctrine of non-resistance and some few other particulars. For non-payment of this fine; he is in prison (and remains there well into the next year). This is but the beginning of more stringent measures than have prevailed since the disturbance of the Congregational meeting in 1685, which seems to have won a seven year’s respite from severe persecution.
As yet, the ambitious young minister, Gurdon Saltonstall, appears to have found no good opportunity for attempting to suppress this intractable man. But if John Rogers is to be prevented from continuing to scatter, broadcast, doctrines so subversive to a state church, he should be checked without further delay. In this lapse of severer and more public discipline on the part of the authorities, he has been gathering more converts from the Congregational fold, and has even grown so bold as to come into the very heart of the town to preach his obnoxious doctrines. Prominent citizens, who ought to be above countenancing him, are not only among his hearers, but among his converts.
Samuel Fox, a member of the Congregational church and one of the most prosperous business men of the place, has recently married the widow Bathsheba Smith and adopted her faith. He may be very influential in gaining more such followers, unless deterrent measures are soon taken. How long could the Congregational church be maintained, on its present footing, if such a new birth as this man describes should be required before admission; aye, if any conversion other than turning from, or avoidance of, immoral practices be generally insisted upon? Moreover, this ranting against “hireling ministers” is of itself calculated to weaken and destroy a capable and orderly ministry, to say nothing of baptism by immersion, administering the communion in the evening (after the example of Christ), the nonsensical doctrine of non-resistance, and the rest of this man’s fanatical notions, all of which, strange to say, are attracting favorable attention in intelligent quarters. There is Mr. Thomas Young, for instance, a man of the highest respectability, and allied to some of the best families in the church and the place; it is even understood that John Rogers is to be invited to preach at his house.