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]
By the codicil John and Bathsheba are first to take what they wish of “the things about the house,” the other movables “whatsoever” to be divided by John, Bathsheba and James among themselves.
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.
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.