Anthony Emery, Sr., of Newbury

Origins

John Emery ll (son of John Emery & Alice Banet) and Agnes Northend (daughter of John Northend III (abt 1588-1604) and Alice Oldfield [Fairbanks]) had the following children:

• +3 i. John III Emery IMMIGRANT, born 29 Sep 1598, Romsey, Hampshire, England; married Mary Shatswell IMMIGRANT, abt 1647, Newbury, Essex, Massachusetts; married Alice Mary [ Mary Alice] Grantham, 26 Jun 1620, White Parish, Wiltshire, England; died 3 Nov 1683, Newbury, Essex, Massachusetts.
• +4 ii. Anthony Emery IMMIGRANT, married Frances <Porter> w/o Anthony Emery, 1628; died aft 9 Mar 1680/1

Family

https://www.wikitree.com/wiki/Porter-5317

Frances is named "my wife Frances" in her husband's will of May 1660. Her surname Porter, as a daughter of Nathaniel Porter of Ipswich, is assumed from a publication of Judith Elaine Burns, titled The Revised Genealogical Records of the Descendants of John Emery of Newbury, MA (Baltimore) 1982, Great Migration states there was no Nathaniel Porter of Ipswich.

His known children, baptized at Romsey, Hampshire, England were:

1. James (1631-1719); married 1) Elizabeth Knock 2) Elizabeth Newcomb
2. Anthony (1632 - aft 1643)
3. Rebecca (abt 1633 - 1719) married 1) Robert Weymouth 2) Thomas Sadler 3) Daniel Eaton

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Research Notes

https://www.wikitree.com/wiki/Emery-134

Disputed Burial Location: A previous version of this profile reported his burial as April 1680 at Portsmouth, Rockingham Co, New Hampshire. A supporting source for this information was not supplied or found. The Great Migration does not report his burial location or an exact date of death.[4] The Portsmouth burial date and location have been removed from this profile until a supporting source is found.

Note from John Maltby

Joseph Amory was a grandson of Anthony Amory/Emery, of Kittery, ME, and was apparently born out of wedlock. His mother was Rebecca Amory. [5]

Biography

PART II.

ANTHONY EMERY AND HIS DESCENDANTS.

1 ANTHONY EMERY, second son of John and Agnes Emery, was born in Romsey, Hants, England ; married Frances, and came to America in the ship "James," landing in Boston, June 3, 1035. He 'was probably in Ipswich, Mass., in the following August, and soon after settled in Newbury, where he lived until about 1640.

A court record of Dec. 22, 1637, shows that he was a brother of John, and a similar record of June 10, 1638, that he was then residing in Newbury.

He removed to Dover, New Hampshire, about 1640, and Oct. 22, of that year, signed the Dover Combination." From that time until 1649, when he removed to Kittery, Maine, he was identified with the interests of that town. His house was at Dover Neck, about a; mile from the present railroad station at Dover Point, and three or four miles from Major Richard Waldron's settlement on the Cocheco river. There he kept an ordinary, which was destroyed by are, as appears from the following petition :

"Right worp corn of the Massachusetts
The humble peticon of Anthony Emry of Dover
Humbly showeth
Unto your good worp that your poore peticonr was licenced the towne abousd to keept an ordinary wh slid give Dvet & to sell beere & wine as was accustomed & sithence there was an order that non but one should sell wine upon which there hath beene complaint made to your worp as Mr. Smyths saith & hee hath in a manner discharged your petr wch wilbe to your petr great damage haueing a wife & 3 children to maintain not a house fitted for present to liue in haueing had his house & goods lately burnt downe to the ground " Humbly beseeching yor worp to bee pleased to grant to your petr that he may sell wine & that Mr Smyth may be certified thereof bee keeping good order in his house & lie shall as bee is in Duty bound pray for your warps health & happyness."

This petition does not bear date, but it is known from other papers that Anthony Emery petitioned in 1643, for permission to keep an ordinary, and that March 7, 1643-4, he was "allowed whereby to draw out his wine." In that year and in 1648 also, he was one of the townsmen (selectmen) for the " prudentiall affaires" of Dover.

On November 15, 1648, he bought of John White, a house, field and great barren marsh on Sturgeon Creek in Pischataqua, afterward Kittery, now Eliot, and two other marshes. He seems not to have taken possession, however, until the next year, for he served as grand juror in Dover, in 1649.

During his eleven years' (1649-1660) residence in Kittery, he was juryman several times, selectman in 1652 and 1659, and constable. He was one of the forty-one inhabitants of Kittery, who acknowledged themselves subject to the government of Massachusetts Bay, Nov. 16, 1652. At four different times he received grants of land from the town. He also bought of Joseph Austin of Pischataqua, July 15, 1650, " a little Marsh soe Commanly called aboue Sturgeon Cricke, with a little house & upland yrunto belonging, as also one thousand flue hundred foote of boards, for & in Consideration of Two stears Called by ye name of draggon and Benbow, with a weeks worke of him selfe & other two oxen wch is to be done at Cutchecha."

In 1656, he was fined £5 for mutinous courage in questioning the authority of the court at Kittery, and in 1660, again fined, for enter-taininr- Quakers, and disfranchised.

May 12, 1660, he and Frances his wife, sold house and land at Cold Harbor to son James for £150 together with all other lands in Kittery, "with all & singular the honseing, harne Garden oarchards Com-mans profetts priviledges fences wood Tvmber appurtenances & Haer-edtaments belonging, or in any way apprtayning therenuto."

Deprived of the rights and privileges of a freeman in Kittery, he turned his footsteps toward a colony in which greater liberty was allowed, and was received as a free inhabitant of Portsmouth, Rhode Island, Sept. 29, 1660

Who "Goodman Emeres" was, or whence came the Little Compton, Rhode Island, family of Emerys, has been mere conjecture. We have been unable thus far to trace their genealogy, or to connect them with our ancestor, except in name and locality. We accept the Portsmouth records as evidence of Anthony Emery's first legal residence there until 1680, though he is designated "of Kittery," in a deed to his son James, Oct. 1, 1663

He served as juryman from Portsmouth on several occasions, was chosen constable, June 4, 1666, and deputy to the General Court, April 25, 1672. The last record that we find of him living is that of a deed of land in Portsmouth to Rebecca Sadler, his daughter, dated March 9, 1680. It is barely possible that he returned to Kittery, and that Anthony Emery who was representative from Kittery at York, March 30, 1680, was our ancestor, but it does not seem probable that he, an old man, disfranchised, would after twenty years' absence, be chosen to legislate for the "province of Mayne."

From the petition quoted, we know that he had three children, and from another paper, that James was his surviving son. We are thus enabled to give this list of children :

• 2 i JAMES b. in England about 1.630; came to America with his father.
• 3 ii A SON, name unknown.
• 4 iii REEccA .

It is difficult to estimate the character of Anthony Emery. From what little we know of him, however, we infer that he was a capable business man, energetic, independent, resolute in purpose, bold in action, severe in speech, jealous of his own rights, and willing to suffer for conscience' sake. He did not hesitate to express his opinions, though on one occasion it mad• have savored of "mutinous courage." He recognized a higher law than statute-law, and with the courage of his convictions, preferred to suffer the penalty of the latter rather than disobey the former and violate his conscience. In entertaining Quakers he obeyed the divine commandment : "Thou shalt love thy neighbor as thyself."

Genealogical Records of Descendants of John & Anthony Emery of Newbury, Ma. 1890 Rufus Emery pg 309-311

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Below is from the Emery Family Research Transcript on John and Anthony Emery - and is contributions of many researchers and to expand further on the 1890 biography all is online on a private site:

2 ANTHONY EMERY, son of John and Agnes (Grantham) Emery or Romsey, Hampshire, England, was baptized in the historic Romsey abby Church 29 Aug. 1601. m. England _______ she d. after 1632 and before Sep. 1646; m 2nd Frances PORTER [SOME HAVE STATED d/o Nathaniel Porter of Ipswich, Ma. BUT NO PROOF HAS BEEN BROUGHT FORTH to prove or disprove the statement; she is the only wife named for him, but she appears only in the period 1649-1660 and seems likely to have been a second (or perhaps later) wife and not the mother of his children.] she d. before 1649 probably at or near Dover, NH.

In 1635 the brothers decided to come to America and sailed from Southampton April 5th in the ship James of London and she arrived at Boston June 3rd with passengers and cattle. Accompanying Anthony were his wife Frances and children James and Rebecca. The ship’s list noted William Kemp as servant to Anthony, although this was possibly a subterfuge to obtain Kemp’s passage overseas. John Emery was accompanied by his wife and children. Both john and Anthony were listed as carpenters, but nothing in subsequent records indicates that Anthony followed that vocation.

Anthony was a carpenter and cabinet maker, and a dozen or more pieces of masterful late 17th century cabinet work have been attributed with some certainty to the shop he established. The shop's work is characteristically among the most heavily constructed and elaborately ornamented in the period of New England.

Although the brothers may have gone first to Ipswich, Massachusetts, the earliest record of them is in Newbury, Massachusetts where they had certainly settled by 1637.

It is thought that Anthony was in Ipswich, Massachusetts August 1636, but her soon afterwards settled in Newbury where his brother John had became a permanent and prominent resident.

Anthony lived in four places during his long life; newbury, about five years; Dover, New Hampshire ten years; Kittery, Maine eleven years; and Portsmouth, Rhode Island at least twenty years, and probably longer.

There is reason to believe that they were on hand at the organization of the church in Newbury, which probably took place in 1635. On 22 Dec. 1637 they were fined twenty shillings for enclosing ground not laid out, i.e. common land.

At the Quarterly Court in Boston on 4 Dec 1638, Anthony was fined another twenty shillings for permitting his animal(s) to escape the town pound, and he was enjoined to give Thomas Coleman 13/4d for his charges as poundkeeper. Emery must still have been in Newbury at this time, because the Massachusetts court would not have had jurisdiction over Dover, NH. until 1641.

Already in 1637, Anthony had a grant of land there of three and a half acres in Dover, NH., "given him by Capt. Wiggins" (i.e. Thomas Wiggins). He probably moved to Dover in 1639 or 40. On 22 Oct. 1640, he was one of the signers of the Dover Combination, an agreement establishing the government of Cocheco, the present city of Dover.

His house was at Dover Neck, about a mile from the present railroad station (1890) at Dover Point, and three or four miles from Major Richard Waldren's settlement on the Cocheco River. He bought six acres "on the Dover side of the Newichawannock" from Stephen Goddard on 2 May 1642, and added to his holdings with a grant in 1646 and another of twelve "yeckeres" in 1648.

He had decided to operate a tavern, or “ordinary” in his house at Dover neck, and was licensed to keep and sell beer and wine before 1643and the location of the "ordinary" or tavern was on High Street in Dover. William Walderne lived a little south of him along the street which ran along Dover Neck, and Thomas Wiggin was a short distance west. Business was rough the first couple of years, first because of a fire which destroyed his house and then because George Smyth, appointed by the Massachusetts government as commissioner to the Court at Piscataqua (Portsmouth) now New Hampshire, was absorbed into the Bay colony, refused to allow Emery to stay in business. The following petition was filed in 1643 to the Massachusetts Bay government:

"Right worp [worshipful] com. [commission?] of the Massachusetts The humble a peticon [petition]of Anthony Emery of Dover Humbly showeth Unto your good worp [worship] that your poore peticonr was licensed by the towne abov to keep and ordinary wh [which] should give Dyet & to sell beere & wine as was accustomed & sithence there was an order that non but one should sell wine upon which Mr. Smyth’s saith & hee hath in a manner discharged your petcr [petitioner] which wilbe to your petr [petitioner] great damage having a wife & 3 children to maintain & not a house fitted for present to live in having had his house & goods lately burnt to the ground. Humbly beseeching yor worship to bee pleased to grant petr that he may sell wine & that Mr. Smyth may be certified thereof hee keeping good order in his house & he shall as hee is in Duty bound pray for your worships health and happyness."

On 7 Mar 1643/4, "Anthony Emery of Dover, his petition is refered to the next cort at Dover, & hee is allowed liberty to draw out his wine in the meane time."

Apparently the tavern thrived thence forth.

In 1647 and 1648 (the earliest years for which records remains) he was a townsman (selectman) for the "prudential affairs" of Dover and grand juror in 1649. In he was on the tax list of 19, 1648 and in 1648 he paid taxes of L- 1 - 16/- on land valued at L- 108 - 10/-, plus three pence for a bull valued at L- 2-10/-, among the highest assessments in own. In Dec. 1649 by which time he had probably moved away from Dover, his Dover taxes were lower, at 7/8d on an assessed property ofL- 22. In 1650 he paid Dover six shillings in taxes.

Opposite Dover on the east bank of the Piscataqua River was a region that became the middle parish of Kittery, Province of Maine, eventually the town of Eliot.

On 15 Dec 1648, he bought land in what is now Eliot, Me., then part of Kittery, across Piscataqua River from Dover, described in the following deed: "Bee known unto all men by these presents that I John Whitte Panter have sould unto Anthony Emry a house and feild & all that is belonging to the said John Whitte & the Great barren Marsh, lijing in Sturgeon Cricke, & the little marsh that lyeth upon the right hand & another Marsh which is called Herges Marsh, on the same side for the some of seaven pounds, sterling,: to bee payd at Michelmass, nest, fivety shillings, & the next Michalmass enseuving fivety shillings & the last payment fourty shillings."

He seems not to have taken possession however until the next year for he served as Grand juror in Dover, in 1649.

Another deed from Joseph Austin of Pischataqua, dated 15 Jul. 1650, conveys land at "little Marsh soe commanly called aboue Sturgeon Cricke, with a little house & vpland yrunto belonging, as also one thousand fiue hundred foote of boards, for & in Consideration of Two stears Called by ye name of draggon and Benbow, with a weeks worke of him selfe & two other oxen, wch is to be done at Cutchecha [Cocheco]..."

to Anthony Emery of Pischataqua. By his mark Anthony signed this conveyance jointly with Austin. In November he made a payment of five pounds, being part of the price agreed upon, to John white for lands in Kittery purchased 15 November 1648. the property comprised a house and field, the Great Barren Marsh, Herges Mersh, and another marsh at Sturgeon creek. This purchase must have been near the land acquired by Austin. Anthony may have been living thereon in 1649.

He also had several grants of land from the town of Kittery as follows: In 1650 at the head of the Mast creek; In 1651 at third hill path; In 1651 with Nicholas Frost on the south side of Sturgeon Creck; this was a 100 acre grant from the town of Kittery, which adjoined Emery's land along Sturgeon Creek. In 1652, again with Nicholas frost, at Thompson’s point. All these appear to have been in Kittery middle parish. There is also listed a grant, un-located and undated, with Anthony’s future son-in-law, Robert Wyemouth “in partnership’ These rapidly increased his Kittery holdings.

The Emery family probably moved to Maine. in 1649. By that year Anthony had married his probable second wife Frances, and that same year he sued George Webb for calling her a witch. On 16 Oct. 1649, Anthony served for the first of six times on the grand jury at Agamenticus, later York, Me. Later jury duty occurred in 2 Jul. 1650 (on the "jury of life and eath"); in 16 Oct. 1650, under Governor Edward Godfrey; in Nov. 1650 (serving two days at eighteen pence per day); in Dec 1651; and in Jun 1655. In Oct. 1650 he was brought before the court at Kittery for selling alcoholic beverages without a license and the indictment “Wee present Anthongy Emery for selling drincke contrary to oder in court” Two other men were indicted for the same offense and were fined fined five shillings each. However the court also passed this order: "It is ordered that Anthony Emory is for to keepe an ordinary or house of entertaynament where he now dwelleth, and hee is to keepe a Ferry ther, and to have for one. in mony 1d, (penny) in peage (payment)3 ob [in csh one peny, in wampum three oboli, or half-pence] in country paye 2d and to keepe meate, drincke, and lodging for strangers and to be bound in Regognissence [recongnisance] and to pay all rates & customs."

The other two men indicted were also licensed to sell drink with the proviso ther keep meat and lodgin for strangers.

While the ferry rates were fixed, what he charged for his liquor was up to him, and it was probably quite a lot. The landing of his ferry was referred to as Cold Harbor, and the tavern probably took the same name.

“Where Anthony Emery now dwelleth” was undoubtedly a spot on the Piscataqaua River south of the mouth of Sturgeon Creek known for may years as Cold Harbor. His ferry plied from that point across to Dover, and his dwelling became a will-known ordinary. Stackpole’s “Old Kittery” says: Old deeds refer to the whole river front from Emery’s to the mouth of Sturgeon Creek as Cold Harbour, Cole Harbor, Coole Harbor, and various other spellings.” The small inns of enland where shelter without fire could be found were called ‘Cold Harbors’, and this designation was dounbdless applied to Anthony’s ordinary. Soon the name applied to a region which gradually extended itself as far as Sturgeon. Creek.

On 1 Aug. 1651, he disposed of his land in Dover. The deed from : "Anthony Emery of Coleharberte in the province of mayne" conveyed to William Pomfrett "two houses in Dover late in Emery's occupation, with garden and lands adjoining."

In 1651 Anthony was sued by John heard for fifty pounds in action of slander. The jury awarded Heard three pounds damages and thirty-three shillings cost.

At the March 12, 1652 court the grand jury found this indictment; ‘we doe present Anthony Emery for being overgone with drinke so that he could not speak a true word”. He was fined ten shillings But the record of the same session shows that the wife of George Rogers had died and the children left in need of care. The court disposed of them to various persons, Anthony Emery being offered to take one, and “Benjamin Rogers shall have the cow that Goodman Emery had from his father”? George Rogers was a member of the jury

Despite his weakness for drink, Anthony was being recognized as one of Kittery’s leading citizens. He was an Assistant, or a member of the governor godfrey’s council in its last days before the submission of Kittery to the domain of Massachusetts. In addition to the jury duty already mentioned, Anthony's civic services included being a selectman of Kittery in 1652 and 1654, a member of committees to settle land grants and town boundaries in 1654 and 1658, a commissioner for Kittery for a year starting 28 Jun 1655, and constable of the town from 5 Jul. 1658. He was on Maine Governor Edward Godfrey's council on 20 Oct. 1651 and on that date her was a signer of the grant og a petition of Edward Rishworth to set up a sawmill at Cape Neddic Rive. His signature appears as Anto. Emerry, with those of Governor Godfrey and other members of his council, appended to the records of sessions of the court of March 19 and again on 7 Sep. 1652, just two months before Massachusetts took over administration of Me. A signature purporting to be his appears on a decree passed at the latter meeting, but on all other known documents he made a mark.

He signed the act of submission to Massachusetts on 16 Nov. 1652; his son James added his name eight days later. A statement reaffirming allegiance to Massachusetts was signed by both on 20 Dec 1652. We can reasonably suspect that both documents were signed somewhat grudgingly; Maine's citizens as a rule resented Massachusetts' takeover of their government.

In December 1652 he signed a petition against Richard Leader. He was a commissioner to adjudicate difference about town grants in 1654.

The Lot next to Hill on the north was granted, Nov. 1654, to Anthony Emery....The house of Emery and a small piece of land had been bought by him of John White, 15 Nov. 1848...Emery had kept an Ordinary at Dover next as early as 1643 and he was licensed to keep one here in Kittery in 1650. His farm passed to his son, James, who in 1673 sold it to Abraham Conely. Thew small inns of England, where shetler withiut fire could be found, were named 'Cold Harbor's'. This name was doubtless, applied to the ordinary which Anthony Emery was licensed to keep in 1650, in connection with his ferry. He may of hung out his sign with that name. Soon the name indicated a region and gradually it extended itself up as far as Sturgeon Creek. pg. 115 and 117 Old Kittery and Her People (1903) E. S. Stackpole.

A serious charge was made on 30 Jun 1656, when the grand jury indicted "Anthony Emery for his mutanous carage in questioning the authority of the court..." A fine of five pounds was imposed, and twenty pounds bond was set "that {he} shall be of good behavior towards all person unto the next county court." On 30 Jul following, he was again presented "for affronting the court by questioning the authoirty to sitt there & chargeing them with more than he was able to make appeare"; whether this referred to a second offense or was a continuation of the first trial is not clear.

Just what happened in this matter we can only speculate. The Massachusetts government asserted its authority often in the early years after taking over by bringing charges of disloyalty against Maine citizens who spoke their minds. Whatever it was did not prevent Emery's being constable two years later. But it seems possible that the Puritan oligarchy of Massachusetts, of which Maine was now a sometime unwilling part, was beginning to make Anthony Emery uncomfortable. At no time is there any reference to his being active in religious affairs, and although he did hold public office we have no record of his being admitted to the status of freeman, reserved for church members. And he had long chosen to live in areas where many of the inhabitants had escaped from the oppressive uniformity of opinion that the Bay colony nurtured. The events of the late 1650's would bring him into open conflict with the ecclesiastical establishment.

In August 1657, the Massachusetts government, reacting to a strange and apparently threatening new challenge to their notion of religious orthodoxy, decreed among other things that "every person entertaining Quakers shall pay 40 shillings for every hour's of concealment and entertainment."

Anthony was a commissioner of the York-Wells boundary dispute in 1658. In 1658 he was fined five pounds for mutinous courage in questioning the authority of the court at Kittery.

In the fall of 1659, William Robinson, a London merchant, and Marmaduke Stephenson, a Yorkshire farmer, among others, were released from a Massachusetts prison on orders not to return to the colony on pain of death. Nevertheless, "in obedience to the call of the Lord" in their judgment, they remained in Massachusetts and headed northward to the Piscataqua area. Anthony Emery probably ferried them back and forth across the river so that they could preach on the NH. side and stay in Me. Apparently they also stayed at Emery's tavern. While he did not actively espouse their cause that we know of, Anthony must have been aware that he was placing himself in jeopardy by housing and transporting them, and his doing so has to be considered an act of conscience motivated by more than purely business considerations. Robinson and Stephenson returned to Boston and were imprisoned, tried on 18 Oct. 1659, and hanged on 27 Oct. Mary Dyer, tried at the same time, was banished to Providence, RI., only to return the following year and be hanged, ultimately earning herself a statue in front of the Ma. State House.

On the basis of Robinson's diary, numerous people who had entertained him were identified and rounded up. Anthony Emery was one of them. He denied the charge, and on 12 Nov. 1659, "the Court having considered the several offenses of those persons that entertayned the Quakers with the answers given in by them, respectively doe order...That Anthony Emery pay as a fine to the country tenn pounds and tenn shillings for making a lye in the face of the court and be disfranchised." This was the heaviest fine imposed on the group, which included five people from Kittery and one from Dover, among others.

He was in frequent trouble over Quakers, and on November 12, 1659 was fined 10 pounds, ten shillings, and disfranchised for telling a lie in the face of the court of Massachusetts bay. He had been brought from Kittery to Boston to answer charges of entertaining Quaker missionaries who had come over from Dover on his ferry and lodged at his ordinary, and his false statements were in reply to these accusations. He was fortunate to escape with so mild a penalty considering the harsh punishment meted out to many Quakers, but apparently he did hot think so, because angry and indignant, he decided to quit the Province of Maine and move to a colony where more liberal views prevailed. He chose Rhode Island. Possibly his entertainment of Quakers was only partly due to sympathy for their persecutions, as he was not in business ‘for his health’ and regarded their money as good as anyone’s.

In 1660 he was fined for entertaining Quakers and disfranchised. This led him to remove to Portsmouth, NH. Old Kittery and Her Families (1903) Everett S. Stackpole.

On 12 May 1660, Anthony and Frances Emery, apparently already fleeing from the hostile atmosphere of Kittery, prepared a deed at the Newbury, Ma. home of Anthony's brother John on 30 June 1660, conveying all but one parcel of their Kittery land to their son James, for 150 pounds "with all & singular the houseing, barne garden orchards commans proffetts priviledges fences wood tymber appurtenances & haeredtaments belonging, or in any way appraytayning thereunto." And another description is given as: “House and land at cold Harbor with 100 acres of upland on the south side of Sturgeon creek; a barren marsh within the creek; a little marsh above Nicholus Frost’s with a parcel of land adjoining; a parcel of meadow in a cove; a parcel or upland in the head of Mast Creek; and a parcel of meadow adjoining. With these went all the housing, barn, garden, orchards, fences, wood, timber etc.,” and the sale further included cattle and household goods. His brother John and John’s son John signed as witnesses.

Deprived of the rights and privileges of a freeman in Kittery he turned his footsteps toward a colony in which greater liberty was allowed. Anthony was received as a freeman in Portsmouth, RI. on 29 Sep. 1660, joining a steady procession of refugees in RI from strict controls over thought and behavior in the Bay colony. While in RI., he generally styled himself a cordwainer, or shoemaker.

However, on 11 Oct. following, Frances apparently had second thoughts about leaving Me., and she sued her husband for one third of the agreed purchase price of the property. At this time she was back in Kittery and Anthony was in Portsmouth, RI. "Fran: Emery the wife of Anthony Emery plaintive in an action of the case to the valew of fivety pounds for the 3d of certen lands sould, contra Anthony Emery defendant. Wee find for the plaintive and fivety pounds and costs of court 1:11:6d." One wonders whether Frances ever got the money, but in any case it appears she and Anthony lived separately the rest of their lives.

Service on a coroner's jury on 3 Jun 1661 marked the first of several recorded public capacities in which he served

Up the Pasataque...A mortage in 1661...and also except those two tracts of land granted by the town of Kittery unto Nicholas Frost and Anthonie Emerie, if they shall happen or appeare to be, within the bounds of the aforementioned land. A deed in 1686 calls the two creeks Daniels Creek and Camocks, Creek. Old Kittery and Her families (1903) Everette S. Stackpole.

It has been conjectured that he, prior to settling in Newbury removing to Dover, bought land in Portsmouth, and dwelt there awhile. This conjecture has its origin in fact that one "Goodman Emere" owned land in Portsmouth in 1643, as is known from records of a general town meeting held in Portsmouth 1 Mar 1643. Who "Goodman Emere" was or whence came the Little Compton, RI., family of Emery's has been mere conjecture. We have been unable thus far to trace their genealogy, or connect them with our ancestor, except in name and locality. We accept the Portsmouth records as evidence of Anthony Emery's first legal residence there until 1680 though he is designated "of Kittery" in a deed to his son James, 1 Oct. 1663.

On 1 October 1663 he apparently mad a return trip to Kittery by way of Newbury, Ma. and in Newbury, he deeded the remaining piece of Kittery land as a gift to James “...& in consideration of my love and naturall affection to my sun James Emery... a peece of Marsh or Meddow liing & being nreare a pond called by the name of Yorke Pond, with twenty acers of upland joyneing to the North side of the said meddow..."

On 22 Jun 1664, he bought from Peter Tollman four acres of land probably near the corner of the East Road and Park Avenue on the modern map of Portsmouth. Here he probably lived alone till 1671/2, when his daughter Rebecca, deserted by her husband Thomas Sadler, brought her children to RI. and moved in to keep house for her father.

He served as constable for many years starting 4 Jun 1666. It was thus his responsibility to arrest Ann Tollman, wife of Peter, whose divorce from her husband was one of the first in the American colonies. She had escaped the whipping to which she was sentenced at the time of the divorce, and Emery apprehended her on her return.

On Jul. 1670 at Mt. Hope, RI. an Indian called Sam by the English fell while intoxicated into a well owned by Emery, and Emery was indicted. Among the Indians testifying at the inquest were Tom Dumplin and the wife of the later notorious King Philip. She testified that she heard Sam and Tom Dumplin quarreling. Sam had said to Tom, "Go fetch me a quart of drink." Tom had refused. Further, the squaw went on, "I always heard Tom Dumplin telling Sam he was always angry with him and bore him a grudge, for that he the said Sam's father had formerly burnt Tom's father's and brother's house and had also cutt his brother's hair." What all that had to do with Sam's falling into Anthony Emery's well is hard to fathom. The case was dismissed when Emery filled in the well.

He served as a deputy from Portsmouth to the Rhode Island General Assembly 25 Apr. 1672 and as attorney for the town in 1675.

A dispute in Oct. 1675 with Peter Tollman, regarding a highway to be built on Tollman's land, must have aroused stronger emotions than the pure legalities of the matter would suggest. Anthony Emery, Lot Strange, and Francis Brayton were appointed attorneys “to plead the town’s right for a highway which Peter Tallman is indicted for. This affair caused bad feelings between Emery and Tallman with the probability that hot words ensued. Mrs. Rebecca Sadler Anthony’s daughter, very forcible took her aged father’s part in the squabble evidenced by Tollman bring suit against Rebecca (Emery) Sadler for breach of the peace and threatening his family. The Emerys were never exactly quietest.

Her mother must of died several years previous as she was living at her father’s with her young son Anthony Sadler.

The following deed of 9 Mar. 1680/1 seems to have taken the place of a will for Anthony Emery:

"To all christian people to whom these presents shall come & concern: Know ye that I Anthony Emery of the town of Portsmouth on Rhode Island in the Colony of Rhode Island and Providence Plantations in New England in America, Corwainer ffor Divers good causee and Reall considerations me hereunto moving and also the love and affection that I have and bear unto my daughter Rebeckah Salder now resideing in the aforesaid Towne of Portsmouth, Have and by these presents Doe my said daughter Rebeckah, to come into her absolute possession emediately after my decease, all & every part of my houseing and land lying in the aforsaid Towne of Portsmouth, with all other, rights and priviledges appurtenances and innuneties therein being or any wayes belonging and appurtaininge, togeether with all and singular my other estate, both within Doors and without Doors, reall and personall ffreely and fully, after my decease confirminge and conferringe the same, unto my said daughter Rebeckah to be clearly and absolutely at her ffree and proper disposing and ordering, forever without lett, hindrance molestation and the encumberance of any person or persons whatsoever ffrom and by or under me or by any right or title of mine, yr shall lay aney claim or title to the premises or any part or parcel thereof: Only it is hereby provided that all the just debts that is from me owing to any (and shall be unpaid at my decease) shall be truly paid by my said daughter Rebeckah: and also provided that if my said daughter should change he condition, noe husband of hers shall have any right or intrest of this my aforesaid estate (hereby to her given) nor to any part thereo,f without the free and absolute full consent of my said daughter Rebeckah: and also provided if my said Daughter, after my decease, and before her decease, shall not have absolute occasion for necessary maintenancy to make sale of, and alien the said housing and land, after her decease shall return and belong unto her sonn, my Grand Child, Anthony Sadler, as my heir therein, only if my said daughter shall see good cause to possess my said Grand Child, in that possession sooner, it is in her power soe to doe. And in confirmation of this my full ffree and voluntary act and deed I have hereunto set my hand and seale the ninth day of March Anno Domini 1680[1] Anthony {his X mark] Emery; witnessess: Signed & sealed in the prescence of John Sanford, John Briggs Sr. [his mark], Frances Brayton Sr. and William Wilbore.

The particular care to forestall any claims to the property other than by Rebecca was probably aimed at his son James, although the latter certainly was well supplied with Maine land.

This is the last record that we find of him living. It is barely possible that he returned to Kittery and that Anthony Emery who was representative from Kittery at York, 30 Mar. 1680, was out ancestor, but it does not seem probable that he, an old man, disfranchised, would after twenty years' absence, be chosen to legislate for the "province of Mayne." The deed was recorded on 8 Jun 1681, and Anthony may have died by that time, but we have no definite evidence of the date of his death. One authority states that he definitely died before 1694 – in a deed of June 23, 1694 James Emery makes reference to his late father the date of whose decease is unknown, and there is no question that he was dead by 1700, when his son James referred to himself as the only surviving son of Anthony Emery.

It is difficult to estimate the character of Anthony Emery from what little we know of him, however we infer that he was a capable business man, energetic, independent, resolute in purpose, bold in action, serve in speech, jealous of his own rights and willing to suffer for conscience' sake. He did not hesitate to express his opinions, though on one occasion it may have savored of "mutinous courage". He recognized a higher law than statue-law, and with the courage of his convictions, preferred to suffer the penalty of the latter than disobey the divine commandment: "Thou shalt love thy neighbor as they self."

Children:

• *9 JAMES EMERY b. c. 1630 England
• 10 son ?JOHN?
• 11 REBECCA EMERY

References

1. Title: Great Migration, Vol 2, C-F. Ancestry.com. New England, The Great Migration and The Great Migration Begins, 1620-1635 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2013. Page 441 - 446 < AncestryImage > Family - Page 443 < AncestrySharing >; Page 444 < AncestrySharing >
2. Great Migration Newsletter, V.1-25 < AmericanAncestors >
3. New England Marriages to 1700. (Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2008.) Originally published as: New England Marriages Prior to 1700. Boston, Mass.: New England Historic Genealogical Society, 2015. [1] Anthony EMERY Marriage 1630 Location Newbury, Essex, Massachusetts, United States Original Text EMERY, Anthony (1601-1680+) & 2/wf? Frances ____; ?by 1630; Newbury/Kittery {Reg. 23:414+, 33:94, 243, 89:376; Coltman Anc. 66; Kittery 365; Newbury Hist. 301; Dover NH Mar. 60; Salisbury Fam. 152; Hooper Anc. (1906) 21; GDMNH 221; Austin's Dict. 72; Broo
4. Genealogy of Patty Rose. < link > cites
   1. 18. Colonial Families of the United States of America. George Norbury MacKenzie, editor : Baltimore:1912, Baltimore:1995 [ref 18:1-152]
   2. 22. Genealogical Dictionary of Maine and New Hampshire, Surnames. by Sybil Noyes, Charles T. Libby, Walter G. Davis : Baltimore:1996. [ref 22]
   3. 46. Massachusetts and Maine Families. by Walter Goodwin Davis : Baltimore:1966 “ Frances, generally considered a second wife and not the mother of the children, first appears on the records in 1649, when Emery sued George Webb for calling her a witch. After 1660 there is no mention of her.” [ref 46:1-526]
5. https://www.wikitree.com/wiki/Emery-134 cites
   1. James Savage, 1st Settlers to New England.
   2. North America, Family Histories, 1500-2000 on ancestry.com
   3. Piscataqua Pioneers 1623-1775, Register of Members and Ancestors, by John Scales, 1919, Dover, NH. https://ia801407.us.archive.org/6/items/piscataquapionee00pisc/pisc...
   4. Anderson, Robert C, George F. Sanborn, and Melinde L. Sanborn. The Great Migration: Immigrants to New England 1634-1635 Vol. II: C-F (New England Historic Genealogical Society, Great Migration Study Project, Boston, 2001) pages 441-446. AmericanAncestors.org (with subscription) < AmericanAncestors >
   5. John A. Maltby Genealogies - < Elizabeth Washburn > See also:
   6. Emery, Rufus Rev., “Genealogical Records of Descendants of John and Anthony Emery, of Newbury, Mass. 1590-1890”, Salem, Mass.: Emery Cleaves (1890). #1
   7. Emery, Carl S., "Descendants of Anthony Emery in York County, Maine 1635-1938", Portland, ME: Carl S. Emery (1938).
   8. Genealogical records of descendants of John and Anthony Emery, of Newbury, Mass., 1590-1890 to New England.
   9. Ancestry Family Trees Publication: Online publication - Provo, UT, USA: The Generations Network. Text: https://www.ancestry.com/family-tree/tree/7122234/family.