John Emery, Sr., III

Is your surname Emery?

Research the Emery family

John Emery, Sr., III's Geni Profile

Records for John Emery

768,493 Records

Share your family tree and photos with the people you know and love

  • Build your family tree online
  • Share photos and videos
  • Smart Matching™ technology
  • Free!

Share

John Emery, Sr., III

Birthdate:
Birthplace: Romsey, Hampshire, England, United Kingdom
Death: Died in Newbury, Essex County, Massachusetts, United States
Place of Burial: Newbury Burial Ground, Newbury, Essex, Massachusetts, USA
Immediate Family:

Son of John Emery, II and Agnes Emery
Husband of Mary Emery and Alice Mary Grantham
Father of Jonathan Emery; Hannah Emery; John Emery; Emery Emery; Ensign Stephen Emery and 7 others
Brother of Anthony Emery, Sr. and Helena Emery
Half brother of Elizabeth Emery; John (child) Emery; Ellen Emery; Hugh Emery; Margery Emery and 2 others

Occupation: Carpenter and Innkeeper, carpenter, Married Mary Shatswell 10/29/1650 in Newbury, MA, Came to America in James 1635; Selectman, Grand Juror and Member of Jury Trials, carpenter in Newbury Massachusetts, Carpenter, Innkeeper
Managed by: Private User
Last Updated:

About John Emery, Sr., III

A lot of information has been compiled on this man and more biographical for john the immigrant here and his descendants down to today - - - this is a Continually and on going project since 1982 and before; the update of the Section of John started in 1976 and was published by Gateway Pess in 1982. From then on it was maintained as a manuscript. adding his brother Anthony Emery in as many of his descendants intermarried with John's and other descendants sent information hoping it was to be included. Some time around 2004 it was converted to html to be shared on the internet - but a WORD copy is also maintained just incase one day a book (rather a volume set) could be published.

JOHN EMERY SR. s/o John Emery and Alice Bante

Over the years several Emery lineages or our ancestors have been sent:


The Northend contorversey and more Northend material is here

===============

Ahnentafel for siblings DeWolf Melvin STANLEY and Lorraine Ellsworth STANLEY

John 3 Emery, the first of the three sons of John 2 and Agnes Northend Emery, was baptized 29 November 1599 at Romsey , Hants and died 03 November 1683 at Newbury, Ma. He married first, on 26 June 1620 at Romsey, Hants., Alice Grantham who was born 1599 at West Dean, Wilts. and died prior Sept. 1646 at Newbury, Ma. She was the daughter of Walter and Alianore (–) Grantham of West Dean, Wilts. which is located about eight miles northwest of Romsey. Other sources note that Alice was the daughter of an Andrew Grantham; John Threlfall in his work the “Ancestors of Margaret Brooks Threlfall”, section 1866 makes a strong case for Walter Grantham. John 3 Emery married, as his second wife, on 29 October 1647 at Newbury, Ma., Mary Shatswell Wesbter, widow of John Webster who died 28 April 1694.

John 3 Emery and his brother, Anthony, with their families, set sail from Southampton, England for New England on the 5th of April, 1635 on the ship “James”, William Cooper- Master. They landed in Boston, Ma. on 03 June 1635 and soon after went to Newbury, Ma. Anthony Emery married Francis Porter and they removed to Dover, NH in 1640. John 3 Emery remained in Newbury for the rest of his life where he was quite active in thw community. He was a carpenter by trade which he combined with being an innkeeper. John 3 had an early town grant of half an acre on the Lower Green for a home lot. On 22 December 1637 he was fined 20 shillings for enclosing ground not laid out or granted by the town. On 01 Feb. 1638 the town granted him the land that he had usurped. He was granted an additional 22 acres, 5 rods in 1644 being his own and Henry Palmer’s share of “Dividant land in the great field beyond the new town”. As time went forward, John 3 was engaged in many buying and selling transactions of land, not only in Newbury, but in Ipswich, Rowley, and other locations. Even though John 3 was a carpenter and an innkeeper, he needed land to grow corn; he might have had a tenant farmer working some of his land. As today, there were a number of our Puritan forefathers who also “speculated” in buying and selling land.

John 3 Emery was made a freeman on 2 June 1641. Thereafter he served Newbury in numerous capacities. He was one of three on a committee to value lands in 1644; he served on the County Trial Jury in 1648, 49, 60, 72, 73, 75, 78; he was on the Grand Jury in 1651, 62, 67; he was constable in 1655; Clerk of the market in 1656; a Selectman (a board of town officers chosen to manage certain public affairs) in 1661, and he was appointed to carry the vote to Salem in 1676. He took the oath of allegiance in 1677. John Emery3 was a “solid citizen” not withstanding “usurping a bit of land now and then”. He was too old for service in the King Philip’s war with the French and Indians; but he did donated a new saddle and bridle, a sworded belt, and powder and bullets. He received 2s 6d for “cureing a soldier”.He was noted on the Newbury Church roll in 1670.

John 3 Emery was a courageous man who did not hesitate to back his opinions with action. Lieut. Robert Pike was in difficulty with the colonial government in 1654; John 3 Emery with his son John 4 along with other fellow citizens signed a petition speaking out in favor of Liuet. Pike. The petition so irritated the authorities that a commission was established to examine (and seemingly to intimidate) the petition signers. Neither John 3 or John 4 backed down. On another occasion he signed a certification of William Titcomb’s good character, a man under scrunity. He dissented from the vote in favor of a school and school master in 1658. He headed an agitation and petition about the local military company so vigorously that he admonished by the local court. And most noteworthy, he was brought to court for entertaining Quakers. In this case, evidence was given that two men and two women held a meeting in John 3's house after which the Quakers “were entertained very kindly to bed and table and John Emmerie shook them by hand and bid them welcome”. Both John 3 and his wife said “they would not put Quakers out of their house and used arguments for the lawfulness of it”. In the Parker-Woodman church controversy in Newbury in 1671, John 3 Emery was fined for being an active partisan for Mr. Woodman. John 3 Emery was a real example for supporting “free speech” and having the courage to speak out even when he was speaking out against the “majority” position.

John 3 and Alice Grantham had four children, one son, John 4, and three daughters, i.e., Helena/ Eleanor, Anne, and Alice; all of these children reached adulthood, married, and had families. John 3 and widow Mary Shatswell Webster Emery had two children; a daughter named Ebenezer ( a biblical reference in the Bible) who married John Hoag , had five children, with the family becoming Quakers. The other child, a son named Jonathan, who married Mary Woodman and had ten children. John 3 Emery was quite active in caring for the property of John Webster, his wife’s first husband, and in responding to the needs of the two child by his second wife. It seems likely, judging from his will, that John 3 made provision for the children of his first wife, Alice Grantham Emery, before or at the time of his second marriage.

The will of John 3 Emery was made 11 May 1680 and proved 27 Nov. 1683. To his daughter, Ebenezer Hoag, he gave 1 ½ acres at the end of his home lot. To his son, Jonathan, he bequeathed all of his land and housing in Newbury. He bequeathed his chattels (movable property items) plus 10L to his wife. There was another 10L for grandchild Mary Emerson plus 30L for misc other including and outstanding debts. If there was any residue left, it was to be divided among his six children, i.e., four by Alice Grantham Emery and two by his second wife Mary. His inventory amounted to L263. Considering the property given the first four children, which would not be in the inventory, we could say that our John 3 ancestor would be of the middle class.

========

From the Emery Research Association / Revised Genealogical Records of The Descendants of John Emery of Newbury, Massachuetts, The, 1982, Gateway Press Inc. Baltimore, Md, Judith Elaine Burns, Compiler,

John Emery s/o John Emery and Alice Bante, probably of Romsey, Hants, England was born in England 29 Sep. 1598, bp. 29 Mar. 1599 Romsey, Hants, England [St. Mary's & Ethulfrieda]. This baptismal date has been given as follows over the years:

In the NEHGR (89:Oct 1935:376), Walter Goodwin Davis indicates the baptism date of 29 Nov 1599, but in The Ancestry of Sarah Miller (1939), Davis gives a baptism date of 29 March 1599. In The American Genealogist (17:98) the March date is confirmed and the November date reported to be erroneous.

He sailed from Southampton 3/5 Apr. 1635 with his brother Anthony, in the ship James of London, William Cooper, master. With them were their wives and one or two children each probably with them; they landed in Boston, Ma. 3 Jun 1635. New World Immigrants Vol. 1 Editor Michael Topper gives the names of the passengers on the ship James including those of John and Anthony Emery. This gives their trade as carpenter and that they appeared to have a servant, William Kemp. The ship was 300 tons and gives sailing date as 6 April 1635.

He went soon to Newbury where John Sr. had a town grant for half an acre for a house lot. The Emery's and others of his parishioners migrated under the influence of Rev. Joseph Avery, the vicar of Romsey, who came to New England in 1634 and who was drowned on a voyage from Newbury to Marblehead in 1635.

In the inventory of Avery's estate is an item: "Due him from John Emery, carpenter, 07:00:00" The record continues: "John Emery denyes his debt; but Richard Knight, Nicholas Holte, and John Knight all three of Newbury can and will testify and prove it to be due." Possibly Emery borrowed the seven pounds from Parson Avery to help pay the ocean passage money of himself and his family.

John Emery was fined by the town on 22 Dec 1637 twenty shillings for enclosing ground not laid out, or owned by the town contrary to town order on 1 Feb. 1638, the town granted him that part of ground which was already enclosed.

Here is a map that was drawn of Newbury, Massachusetts and the lot holders: (map on site)


Here is a map of Newbury, Massachusetts of 1640. (map on site)

He was made a freeman 2 Jun 1641, and recorded as one of the ninety-one freeholders of the town 2 Dec 1642, A man might be a freeholder and not a free-man; and vice versa. A man must take the freeman's oath which entitled him to vote in the election of magistrates, deputies and representatives. A freeholder had by grant, purchase or inheritance a share in all common and undivided lands.

In 1642 he was appointed with three others to make a valuation of all the property in the town, for the purpose of proportioning each man's share in new division. On 10 Apr. 1644, he had a grant from the town of twenty-two acres and five rods being his own and Henry Palmer's portion of "Dividant" land in the great field beyond the new town.

On 18 May 1647, the town for three pounds, granted John Emery "that parcel of land called the greene, about three akers, being more or lesse, bounded by the half-acre lots on the west, the hyeway on the southeast and his own land on the north, being a triangle, only the twenty rods is reserved in said land for a burying place as it is bound with stakes with a way to it from the East.", it is called the Emery lot. John Emery had been given the right to build at the end of the Green, that is, the field where the Jackman-Willett House now stands (1935). In 1679 he conveyed his homestead and one half the land granted him by the town to his son and moved farther North. Jonathan Emery in 1729 sold to William and Richard Doe 17 1/2 acres "Excepting and reserving 20, the 20 rods reserved for a burying place was owned by the heirs of Mrs. Joseph Isley and still known as the "Emery Field".

Anderson, et. al. make this pithy statement: Over the years John Emery expended considerable energy on the affairs of his stepchildren. "He spent much time in the Courts over affairs of theirs and his own. John, himself, had an affair with the wife of one Henry Travers, for which he was hauled into court & convicted. On 29 September 646, John Emery, for his miscarriage with the wife of Henry Travers, fined £3 or to be whipped, and pay witness fee to Christopher Bartlet. Bound to good behavior and not to frequent the company of the wife of Henry Travers."

On 25 March 1651, John deposed in the case between his son-in-law John Chater & Nathaniel Weare over steers.

On 14 October 1651, in "answer to the petition of John Emery, of Newbery, power is granted him, according to his desire, to sell a certain island which was left to three of his wife's children, & alsoe a house & six acres of land which was bound to make good twenty pounds to other three of her children, provided he give security to the County Court at Ipswich to pay the children the full price the land shall be sold for, & make the three children's twenty nobles apiece eight pounds apiece, & pay the daughters their portions at eighteen years, & the sons at twenty-one years old"

On 14 May 1653, John Emery, Sr. was one of seventeen Newbury men who dissented from a town vote to levy funds to support a free school.

On 28 March 1654, John joined a "class action suit" of sorts with the other leading men of the town to sue John Merrill for selling town lands without permission to do so.

Along with most of the men in Newbury, John signed & supported a petition praising Lieutenant Robert Pike of Salisbury, Essex co., Ma.

On 19 October 1654, the General Court instituted investigations into the answers of men who refused to repudiate their signatures; John's name was first on this list. When confronted by the commissioners to answer for his signature, John Emerry demanded their commission and a sight of the petition before he would answer. He then said that the commissioners had no power to demand who brought the petition to him, and hearing John Bond answer, he told him that he was a wise man, in a bold manner."

At the General Court meeting of 19 Oct. 1654 John Emery, Senior was the first name listed among eight men of Newbury and eight of other towns who "had not given satisfaction" and who were ordered to post £10 bond and answer before their county court for their offence. The Records of the Colony of the Massachusetts Bay in New England Vol. 3 1644-57 Ed. Nathaniel Shurtleff, William White (1854) pg. 367.

He served Newbury in numerous capacities, being one of a committee of three to value town lands in 1644 and serving on the county trial jury 1638, 1659, 1660, 1672, 1673, 1675, 1678), the grand jury (1651, 1662, 1667), as constable (1655), clerk of the market (1656), and selectman (1661), fence viewer (1666), and appointed to carry votes to Salem (1676). He took the oath of allegiance and fidelity in 1677. In various dispositions and records his age was set down as seventy in 1670, seventy-three in 1671, eighty-one in 1679 and eighty-two in 1681. Too old for active service he supplied a new saddle and bridle, a sword and belt, powder and bullets for use in King Philip's war, and in addition received 2s 6d for "Cureing a soldier."

He was also prominent in the case of Lt. Robert Pike. Emery was a courageous man who did not hesitate to back his opinions with action. When Lt. Robert Pike was in difficulty with the colonial government in 1654, John Emery and his son John signed a petition in Pike's favor which so irritated the authorities that they appointed a commission to examine (and seemingly to intimidate) the signer's. "John Emery demanded (to see) their commission and a sight of the petition before he would answer, He then said that the commissioners had no power to demand who brought the petition to him." The Pike petition involved a group of Essex county men who petitioned the General Court to forgive its censure of Lt. Robert Pike in early 1654 according to Pierce pg. 60... the case of Robert Pike of Salisbury. An account of this is found in The Essex Antiquarian Vol. 4 No. 8 Aug. 1900 pg. 113-4 as follows:

In 1653, at the age of thirty-six Lieutenant Pike suddenly found himself involved in a confilct with the genral court. Upt to that time no court was allowed to be criticiesd, not even the county corts. Though only the representatives of the people, the general court claimed the right of supreme control over them and regared its judgement as infallible, any hostile criticism being to it an audacious and criminal offence. Robert Pike broke the spell by denouncing a law it had enacted, and declaring "that those members who had voted for it had violated their oaths as freeman; that thier act was against the liberty of the country, both civil and ecclesiasrtical; and that he stood ready to make the declaration good." The law referred to was that making it a misdemeanor for anyone to preach to the people on Sunday who was not a regularly ordained minister of the church. It was designed to restrain Joseph Peasly and Thomas Macy of Salisbury, believers in the Baptist doctrines, with Quaker tendencies, from exhoring the people of Salisbury on Sunday, in the absence of a minister. To defend them was, in effect to defend the hated Quakers, and it was this thankless task that Robert Pike undertook. The incensed and amazed general court instantly arraigned the culprit, disfranchised him, disabling him from holding any public office, and from pleading any case except his own in any court, bound him to his good behavior, and fined him twenty marks (thirteen pounds, six shillings and eight pence).

The punishment thus inflicted on Lieutenant Pike caused a great sensation in Salisbury and the neighboring towns. Petitions were immediately drawn up and signed, and presented to the general court. They were signed by nearly all the men of Newbury, Andover, Hampton, Salisbury, etc., earnestly entreating the magistrates to remit the punishment and fine. This event is a most interesting and instructive one in our early history. It exhibits the watchful lealousy of the people of any encroachment upon their civil or ecclesiastical rights, as well as the determination of the magistrates not to have their authority lightly called in question. The general court immediately chose a committtee to call the petitioners of the several towns together, to ascertain their reasons for putting their names to such a document; and repealed the obnoxious law. The committee acted at once. The petitioners gave various reasons for signing, - some, that it was done without reflection; some, because they were asked to do so, and some, because they thought it was a proper thing to do; etc. But there were found fifteen refractory spirits who either vouchsafed no explanation, or asserted their right to petition whenever they thought fit, and denied the right of anybody to interfere. These incorrigibles were duly reported, and turned over to the tender mercies of the general court. The names of these fifteen "humble immortals," who thus valiantly asserted, for the first time in our land, the right of petition were John Emery, Sr., John Hull, Benjamin Swett, John Bishop, Joseph Plummer, Daniel Thurston, Jr.; Daniel Cheney and John Wolcott all of Newbury; Samuel Hall, Philip Challis, Joseph Fletcher, Andrew Greely, and George Martin, all of Salisbury; and Christopher Hussey and John Sanborn, both of Hampton... These fifteen men claimed certain rights, which today are ceded in all the civilized world, and they refused to give them up. They represented the men of stamina and conviction in their several towns, and were the advance guard of the already conceived spirit and power of the Revolution. As these men were evidently bound to maintain the position they had taken, and many in the various communities really, though secretly and only tacitly sympathized with them, their cases were never called for trail. Lieutenant Pike paid his fine, and his disfranchisement continued until 1657, when it was removed. His townsmen immediately elected him as their representative to the general court, which did not graciously accept the return of this contumacious citizen.....

In The Records of the Colony of the Massachusetts Bay in New England Vol. 3 1644-57 Ed. Nathaniel Shurtleff, William White (1854) pg. 354 the General Court referred to Pike's offence as no less than defaminge this courte & chargine them with breach of oath &c, and took offence at the petition since Pike had not petitioned himself or acknowledged his offence and ordered an investigation of the petitioners why they had signed and who had carried the petition.

On 9 April 1657, he was one of several Newbury men who testified on behalf of "their neighbor William Titcomb" that they "had known him for years, and observed him to be honest and christianlike in his conversation, and not a liar." And signed a certification of William Titcomb's good character.

Also in 1657 he dissented from the vote in favor of a school and schoolmaster.

In 1658, and also headed an agitation and petition about the local military company so vigorously that they were brought up before the court "On 19 October 1658, the 'Court, having heard the case relating to the military company petition of Newbury, preferred by John Emory, Senior, who, with his sons, John Emery, Junior, & John Webster & Solomon Keyes, have been so busy & forward to disturb the peace of the place by their actings in several respect, & occasioned much trouble to this Court in reference thereto, judge it meet to order that the said John emery, Senior, John Emery, Junior, John Webster, & Solomon Keyes be severally admonished to beware of the like sinful practices for time to come, which this Court will not bear; and that they pay the several charges of their neighbors the last Court & this, in coming for relief from such under courses"

John Emery was presented to the court at Ipswich by Henry Jacques, constable of Newbury for entertaining travelers and Quakers. Evidence was given that two men and two women Quakers held a meeting in his house, after which the two men "were entertained very kindly to bed and table" the account of which is found in reminiscences of a Newburyport Nonagenarian as follows: At the Court of Salem 5 May 1663 John Emery was fined four pounds for entertaining Quakers. His offense consisted of granting food and lodging to two men and two women, who were travailing east

In George Bishop's "New England Judged", will be found this narration:

"Edward and George Preston, and Mary Tompkins and Alice Ambrose alias Gray, passed eastward to visit the seed of God in those parts, and in their way through Newbury, they went into the house of one John Emery (a friendly man), who with his wife seemed glad to receive them, at whose house they found freedom to stay all night and when the next morning came the priest, Thomas Parker, and many of his followers came to the man's house, and much reasoning and dispute there was about truth; but the priest's and many of the people's ears were shut against the truth. And in the time of their discourse, the wind striving in Mary Tompkin's stomach, making some noise, she having received no sustenance for space of near forty-eight hours. One Joseph Pike, after they were departed the town said she had a devil in her. After awhile the priest perceiving that the battle might be too hard with him, rose up and took the man of the house and his wife out of doors with him and began to deal with them for entertaining strangers. The priest said it was dangerous entertaining such as had plague sore upon them. Which the woman, began to take the priest to do for saying such false, wicked and malicious words, but he hasted away. Mary Tompkin's called to him to come back again, and not to show himself to be one of those hirelings that flee and leave their flocks behind them, but he would not." It appears that John Emery wasn't completely over awed by the bold but mistaken Parker: "The testimony of Henry Jacques aged about 44 years, saith, that I heard Joseph Noyes say that after that time the Quakers had their meeting at John Emery's, that he saw two more Quakers at John Emery's house, and John Emery bade them welcome, and further saith that I heard Joseh Noyes say, that John Emery had entertained Quakers both to bed and table, after the time they had their meeting at John Emery's house, and this he testified before the church at Newbury, and further I do testify that I heard John Emery and his wife say that he had entertained Quakers and that he would not put them from his house, and used argument for the lawfulness of it. Henry Jacques sworn in court 7 May 1663, before Robert Lord, clerk. The disposition of Joseph Noyes aged 26 years: This deponet saith yt. as he was going to Goodman Emerie's Sr., he staid until he went away. Goodman Emery was in ye chamber, (as he knows because he ym Quakers, at his house wn Mr. Parker was yr. Farther he had understood by those yt wr eye-witnessess, yt two men Quakers wr yr entertained very kindly to bed and table, and John Emmerie shook ym by ye hand and bid ym welcome. Ye substance of ys he or his wife in presence told him and owned it (according to his best remembrance) more yn once. This also ws several days after meeting above said. Taken upon oath 24. 4th. 67 before me, Simon Bradstreet."

At this period one can scarcely depict the commotion such an incident must have caused in the secluded and quiet settlement of Quanscacunquen, on the banks of the Winding River, or appreciate the courage evidenced by John Emery and his wife in thus rising above popular prejudice, fanatical bigotry and intolerance."

For this offense he was fined four pounds, cost and fees and although the selectmen and fifty of his fellow citizens joined in his petition to the General Court that the fine be remitted it met with denial. The petition as follows:

Copy of the petition of John Emery Sr. of Newbury to the Massachusetts General Court in relation to his fine for

"Entertaining Strangers", 21 May 1663 to the Honorable General Court now assembled at Boston - the Humble petion of John Emery humbly showeth that your petitioner dwelling in Newbury, it so fell out of Providence of God that a certain gentleman (names Henry Greenland) coming from England upon his occasion was by reason of his acquaintance with Capt. Barefoot and about inclinable to settle in ye country if hee liked, and to make use of his pratise of Physic and Chirurery amongest us; but being as yet unsettled and uncertaine where to fix until his wife (whom he hath sen for) did come by reason of some employment by ye providence of God presented itself to him; hee was necessarily put upon it to reside neer such patients as had put themselves into his hands for cure. Among which one being more than ordinarily disordered hee desired entertainment. And your petitioner, did for reason above mention receive and entertain him this winter past for which I am fined four pounds by ye hon'rd court at Ipswich for Breach of a law; not having (at first) license under the hand of a magistrate he himself being a stranger and not knowing the law, nor your petitoner, -- humble request of your petitioner is, that his honobl court would bee pleased to remit ye saide fine (it being sd.) where in ye Gentlemen hath by God's blessing been furthered and been of much good by his calling; both in Physick and Chirurgery and your pore Petitioner shall ever pray.

We the selectmen and such other as are subscribed, considering the usefulness of his practice in our towne, do humbly desire to same it this hon'd court please.

John Pike - - Josif Taniey - - William ___ - - Richard Thurlo - - Robt. Adams - - Thomas Hale Jun. - -

Thomas ___ - - Anthony Short - - Stephen Swett - - Peter Godrie - - Rich__ _____ - - Richard Loell - - James Ordway - - Jermey Guthridge - - Anthony Sumerbee - -Lionel Worth - - Saml ______ - - James Jackman - - Abell Huse - - Abraham Toppan - - Richard Bartlett - - Joseph Plummer - - John Bayley - - John Willcutt - - Thomas Brown - - Samuel Pore - - Will___ ____ - - Thomas ____ - - Edw. Richardson - - John _____ - - John Cheney, Sen'r - - Robere Coker - - Peter Toppan - - James Mearell - - Richard Fits - - Stephen ____ - - John Parker, Senior - - Robert ____ - - John Poore, Sen. - - William Titcomb - - Lanslet Granger - - John Cheney, Jun. - - John ____, Jun - - John Knight - - Willi___ _____ - - William Morse - - ____ Brown - - Anthony Morse, Sen

2,3,63 The Magistrates, hve comnsidered the grounds of the petitioner and consent not to any revision of the con. court's sentence. Tho. Danforth, P.E.R.S. Consented to by ye deputy provided they may have tenn shillings agayne. William Torrey, clerk. The magists consentyes. Edw Rawson Secry."

This ancient document being much worn, some of the names are in part or wholly illegible.

On 25 March 1662, "John Emery and wife Mary" sued James Merrick for "detaining and keeping Issraell Webster, son of the said Mary Emery, without consent of John Emery and wife Mary, or any other person who had oversight of him". The case was withdrawn.

On 25 November 1662, "Israell and Nathan Webster, sons of John Webster, deceased, presenting their desires in writing, together with their mother's consent, with John Cheny, sr., Rob[er]t Long and W[illia]m Elsly as witnesses, and said Israell Webster being present in Court and manifesting his desire also, that his father-in-law John Emory and brother- in-law John Emory, Jr., might be appointed guardians, the court appointed them guardians, and also ordered that the bond given into Ipswich court for security for the children's portions remain in full force."

In connection with the above Dr. Henry Greenland stayed at John Emery's house for four months. Greenland seems to have been a traveling doctor with a keen eye for women. In Newbury he became involved with Mary, wife of John Rolfe, and they were charged with adultery. Elizabeth Webster, step-daughter of John Emery, was living with Mary Rolfe during Rolfe's absence, and the Emery household contributed much testimony on both sides of the case.

Robert Anderson, et. al. provide this terse discussion of a rather interesting case involving the Emery family "...On 31 March 1663, Henry Greenland was charged with soliciting Mary, the wife of John Rolfe, and found guilty. The extensive testimony in the case revealed that John Emery's step-daughter, Elizabeth Webster, was a maid in the Rolfe household and had witnessed several untoward passages instigated by Greenland. John Emery, on the other hand, had turned a deaf ear on Mrs. Rolfe's pleas for assistance even when Greenland had pulled her down into his sickbed in Emery's presence. Emery and his household paid several fines as a result of their behavior in these events..."

Laurel Thatcher Ulrich, in her book Good Wives: Image and Reality in the Lives of Women in Northern New England 1650-1750. (New York: Vintage Books, 1980, 1982, 1991), 89-92. describes it better:

"...In the spring of 1663 John Rolfe, a Newbury fisherman, went off to Nantucket, leaving behind a comely and "merily disposed" young wife named Mary. Being "a verie loving husband," Rolfe arranged for Mary to "live Cherfully as he thought and want for nothing" in his absence. Betty Webster, a single woman in the neighborhood, agreed to stay with Mary. Betty's stepfather, goodman John Emery, promised to be a father to both. But Rolfe's careful arrangements proved a snaere. No sooner had he sailed out of Newbury harbor than two strangers from old England sailed in. Henry Greenland and John Cordin, physicians and gentlemen, came to lodge at the Emery house.

Mary confided to Betty Webster that "Mr Cording was as pretty a Carriadg man as Ever shee saw in hir life." But Greenland proved more interesting still. He was uninhibited by the pious manners of the Newbury folk. At supper, before Goodman Emery could half finish prayer, "Mr Grenland put on his hatt and spread his napkin and stored the sampe and said Com Landlord light supper short grace." Mary w/as both enticed and troubled by his attentions. When he pulled her toward him by her apron strings, she resisted at first, only giveing way, as she said, "to save my apron." One minute she rebuked him for acting "An ncivell part." The next she was laughing and eating samp with him out of one dish and with one spoon.

Late one night Betty was in bed with Mary, who was nursing her baby, when Henry Greenland knocked on the window. Frightened, the women made no answer. "Bettye, Bettye," Greenland called, "Will you let me stand here and starve with the cold?" Betty answered that they were already in bed, that they would not let him in, that they were afraid of him. When he continued to pleased, protesting that he "would doe them noe hirt, but desired to smoke a pipe of tobacco," Betty let him in. Still in bed, Mary told her to rake up the fire to give Mr. Greenland some light. While the maid bent over the hearth, Greenland pulled off his clothes and climbed into bed with Mary, who fainted.

"Sir," cried Betty, "what have you done? You have put the woman into a fitt." "The Devell has such fitts" said Greenland, scrambling out of bed. "It is nothing but a mad fitt."

"What offence have I given that you should spede such words?" Mary exclaimed. Seeing that his conquest was

conscious, Greenland jumped back into bed. "Lord help me," she cried.

At that moment Henry Lessenby, a neighbor's servant, just happened to walk by. He had earlier observed

Greenland's attentions to goody Rolfe. Hearing the cry, he ran to the Rolfe door and knocked loudly. "Lye still," whispered Greenland, "for now there are two witnesses, we shall be tried for our lives." But Lessenby was not to be discouraged by silence. He climbed through the window, stumbled into the room in the dark, and felt his way to the bedside. In the dim light from the fireplace he discerned a gentleman's clothes on a box by the bed. Reaching for the pillow, he felt a beard. Just as he suspected, it was Greenland.

Lessenby might have raised a commotion, but he cholse instead to act the part of the stage servant who, loving a secret, is drawn through vanity or cupidity into the intrigues of his betters. As he later reported it, "The

woman and I went adore [outdoors] to Consider what was best to be done so we thought becas he was a stranger and a great man it was not best to make an up rore but to let him go way in a private maner." ...

Goody Rolfe had a pious mother and an observant sister. At meeting on Sunday, Sarah Bishop saw that Mary had been crying and alerted their mother.

Goody Bishop visited the Rolfe house the next morning. As she approached, she met a boy rushing out with a glass -- to get liquor for Dr. Greenland, he said. For two hours she sat in the house, watching and observing and waiting for Greenland to leave. Finally she had a chance to question Mary, who seemed to fear telling her mother all that had happened. Mary admitted that the gentleman had "with many Arguments inticed her to the act of uncleanness," but she insisted that "God had hitherto helped her resist him."

"Will you venture to lay under these temptations & concealed wickedness?" exclaimed the mother. "You may Provoak God to Leave you & then you will come under Great Blame."

"I know not what to doe," Mary sighed. "Hee is in Creditt in the Towne, somoe take him to be godly & say hee hath grace in his face, he have an honest loke, he have such a carrige that he deceive many: It is saide the Governer sent him a letter Counting it a mercy such an Instrument was in the Country, and what shall such a pore young woman as I doe in such, my husband being not at home?"

Goody Bishop was troubled. "These things are not to bee kept private," she insisted. "Goodman Emery beeing a grand Jury-man must present them." But when confronted, Goodman Emery proved unwilling to act the part of moral guardian. (Had he seen too much "merriness" on Mary's par?) He promised to keep closer watch on Greenland, to lock up the hard drink, and to see that the Doctor stayed home with half drunk, but he felt matters were best kept quiet for the moent. He could see no harm done.

Goody bishop was not to be soothed by promised. One her way home, she encountered Goody Emery and explained to her all that had happened. The wife proved more sympathetic than the husband. Together the two women returned to the Rolfe house, pressed Mary and Betty further, and concluded that Greenland's actions had been "more gross" that they had first believed.

“I dare not keep such things as these private upon my owne head," said Mary's mother as the two women parted.

"Doe wisely," answered her friend.

That night, having asked for God's direction, Goody Bishop revealed all that she knew to a "wise man" in the town, asking for his advice. He directed her to the magistrates. Henry Greenland was tried by jury at his own request, perhaps counting on his good reputation in the town, but was convicted of attempted adultery and fined the whopping sum of £30. The citizens of Newbury supported the pious mother against the dazzling stranger. John Rolfe returned from Nantucket avenged..."

In the Parker-Woodman church controversy at Newbury from about March 1669 through April 1671, Emery was an active partisan of Mrs. Woodman, and was fined 13s 4d.

On 30 March 1669, "John Emery, bringing in acquittances of the discharge of the portions ordered by the court, was to have his deed delivered, but one being incomplete, he and his son John Emery, jr., bound themselves to bring in an acquittance from the youngest child of John Webster".

On 29 March 1670, Benjamin Rolfe sued John Emery for cutting hay on John Musslewhite's land.


In a 1678 dispute over the Newbury militia accounts, the following items are entered for "John Emery Sr.": "a new saddle & bridle" 28s; "sword & belt," 12s; "2 pounds powder & bullets," 4s.; "curing a soldier," 2s. 6d.; "2 pecks of wheat & a bridle lost," 7s.; “powder & bullets," 2s.; and "saddles & cloth," 23s.

On 8 April 1679, "John Emerie, Sr., aged agout eighty-one years, testified that about forty years ago he saw laid out to William Estow then living in Nuberie a four-acre lot, being a house lot, and twelve acres of meadow, ... which land said Estow sold to William White, and White to Tho[mas] Jones of Hampton, and Jones to deponents for William Ilsly, Sr., who had peaceably enjoyed it from 1643 to date".

On 29 March 1680, "Richard Knoght, aged seventy-eight years, and John Emery, Sr., aged eighty-two years, deposed that in 1656 after the division between Rowley and Newbury was made, a committee was appointed, of which they were two, to lay out the land... Deponents were also of the committee at the second division in 1662...".

The name of John Emery's first wife, married in England, is not known. An interesting and very great possibility is the marriage of John Emorye and ALICE GRANTHAM on 26 Jun 1620, at Whiteparish, Wiltshire, England about eight miles from Romsey. she was the daughter of Walter and Eleanor Grantham of West Dean, Wiltshire will proved 5 Feb. 1622/3 which starts as follows: In the name of God Amen; I Walter Grantam... I give more overn unto Alice Emerye my grandchild six schillings eight pence and if she dye to be payed to her mother at the death of her grandmother... With this entry this Alice Grantham has become the accepted first wife of our John Emery, the immigrant to Newbury.

While this evidence is more convincing than that of the 1890 book that supplies what appears to be a synthetic name, Mary, and a date for her death, Apr. 1649, which does not appear in the printed vital records of Newbury. Frederick J. Nickleson has done the research on this and in his article Alice Grant(h)am, probable wife of John Emery of Newbury, Massachusetts" in The American Genealogist whole number 260, October 1990, Vol 65, No. 4.

Also more proof is offered by court records that have been found and if we give him the benefit of the doubt we may say his first wife died before Sep. 1646, when he was fined for his attentions to Bridget, wife of Henry Travers, and bound not to frequent her company. Of which and account is found in Ipswich Quarterly Court 29 Sep. 1846 Vol. 1 pg. 110 as follows: ohn Emery, for his miscarriage with wife of Henry Traverse, fined 3 punds or to be whipped, and pay witnessess fee to Christopher BartlettBound to good behavior and not to frequent the company of the wife of Henry Traverse. Discharged from bond at the next court, Ipswich 30 March. 1647.

His second wife was a widow MARY (SHASTWELL) WEBSTER, they were married on 29 Oct. 1650 and also has been given as the probable date of their marriage has been 29 Oct. 1647 Newbury, Essex, Ma., a year after her first husband's death and when his bond in the Travers case was discharged [29 Oct. 1650 as given by the 1890 Emery book] she was the daughter of John and Judith Shatswell and widow of John Webster of Ipswich; [2 Oct. 1648 Hadley, Hampshire, Ma.]

Emery was very active in caring for the property of John Webster, his wife's first husband, and as guardian of the younger Webster children. As found as follows:

GUARDIANSHIP OF ISRAEL WEBSTER OF IPSWICH:

Israell and Nathan Webster, sons of Jon. Webster, deceased, presenting their desires in writing, together with their mother's consent, with Jon. Cheny, Sr., Robt. Long and Wm. Elsly as witnesses, and said Israell Webster being present in court and manifesting his desire also, that his father-in-law Jon. Emory and brother-in-law John. Emory, Jr., might be appointed guardians, the court 25:9:162 appointed them guardians, and also ordered that the bond given into Ipswich court for security for the children's portions remain in full force. [Salem quarterly Court Records, vol. 4, page 105]

Petition of Israel Webster, aged eighteen years, and Nathan Webster, aged sixteen years, for appointment of John Emery, Sr., and John Emery, Jr., as their guardians, signed also by Mary (her mark) Emery. Witness: John Cheney, Sr., Robert Long and William Elsly. [Essex co . Quarterly Court Files, vol. 8, leaf 88]"

The estate of Rev. Joseph Every of Newberry contains the line that "Due to him from John Emery, carpenter...£7" [The Probate Records of Essex County I:3.].

It seems probable, from his will, that he made provisions for his children by his first marriage before or at the time of his marriage to the Widow Webster. One instance of this is found as follows: In answer to the petition of John Emery of Newbery, power is graunted him, according to his desire, to sell a certayne iland which was left to three of his wiues children; & also a howse & six acors of land which wasbound to make good twenty pound to other three of her children, pvided he giue securitie to the County Court at Ipswich to pay ye children the full prise eight pounds a peece, & pay the daughters theire portions at eighteen yeares, & the sonnes at twenty one years old." from the Second Session of the Genral Court held at Boston, 14 Oct. 1651 Proceedings of the House of Deputies. The Records of the Colony of the Massachuetts Bay in New England Vol. 3 1644-51 Ed. Nathaniel Shurtleff William White (1854) pg. 254.

In 1675 he deeded one-half of his Newbury house and land to his son Jonathan.

He died in Newbury, Essex, Massachusetts 3 Nov. 1683.

The will of John Emery, Sr. was made as follows:

This is the last will and testament of me John Emry senior of Newbury in the County of Essex in New England who by the grace of God am at this tyme in my right mynd and tollerable composure of spirit notwithstanding my bodily infirmityes yet not knoweing how it my please the Lord to deal with me as to the tyme of my departure out of this workld doe therefore commit my spirit to the Lord that gave it and doe desire that my body my be committed to the earth whence I was taken: (by desent buriall) in his good tyme and also commit and commend my deare wife and children to the gracious protection of our great creator and mercifull redeemer. And for my wordly goods I give and dispose in way and manner and to the persones as followeth which is according to my will and full intent in this eight-third year of my age.

First. I the said John Emry doe give unto my daughter Ebenezer Hoag one acre and half of upland at the west end of my home lot joyneing to that parcel of land which I formerly gave her at the said west end of my land togither with this acre and half of land now mentioned I doe give to my said daughter Ebenezer and her posterity forever.

Item. I the said John Emry doe give and confrim unto my sone Jonathan Emry and to his posterity forever all my lands in Newberry both upland and meadow, togither with my freehold and rights of common in Newberry togither with my houseing fencceing upon the said land with all the priviledges and appurtenances belonging to all and singular to every part and parcel thereof, the on half whereof I have formerly given him and doe now confimr to the said Jonathan and his heires forever, and the other half of the said premises I doe also confirm unto my said sone Jonathan upon condition and in condideration that the said Jonathan shall manadge and manure that one half of the said land both upland and meadow for the use and proper behooff of me the said Emery and my wife his mother so long as we both or either of us shall live. Thatr is to say he shall at his own charge teil my upland according to our order we finding seed of such sort as we shall see cause and also laye it in the barn or house, harvesting of it and every thing thereto belongeing in due season and after is is harvested we to take care of it for the threshing and what and bring home the hay thereof for me and my wife. On the said ladn to lay half the dung which shall be produced by fodder growing on the said lands or medow on that

part of the land which he tilleth for our use and to make and maintain all fenses belonging to the said lands and to repair the barn and houseing thereunto belongeing. And also the said Jonathan is to pay fifty pound in good marchantable corn and neat cattellunder eight yeasre old to be payd at the dwelling house of me the said Emry according to my order by the said Jonathan or his heires in fivew yeares after my decease and the decease of my wife that is ten pound by the yeare

The which fifty pounds togither with my chattells and moveable goods I doe order and dispose of as followeth my will and intent is that Mary my wife shall have ten pound of the said estate to dispose of at her deceas to whom she pleaseth and my grandchild Mary Emerson I doe also give unto her ten pounds which shall be pd to her out of the said estate nd my will is thatyy my debts shall be all payd out of my stock and goods and that fifty pounds before expressed, and then my will and intent is that what is left of my said estate shall be equally divided bewteen my six children and said Mary Emerson.

I doe also appoynt my sones John Emry and Abram Merrell to be overseers of this my will and in case any of them dye before all the particulares therein mentioned be performed

Then I appoynt Joseph Boyle in his roome as witness my hand May 1th 1680.

John Emry Sen.

This was owned and signed by John Emry., sen'r to be his will as witness.

Joseph Pike

James [I. O. his mark] Ordway

Joseph Pike and James Ordway made oath in Court at Salem the 27 9 mo. 1683. That the within John Emry senior signed and declared the above written to be his last will and testament and was then of a disposing mynd to their understanding and that there is no latter will of his that they know of and these deponents signed thereto as witnesses.

Attest. Hilliard Veren ele.

Will proved the 27 9mo. 1683 Rec. (O.S.) B. 2 P. 50.

His son John was granted administration cum testamento annexo and filed an inventory of 263 pounds, included in which was a set of surgeon's tools, valued at 2:10:0, possibly held in payment of the gallant Dr. Greenland's board-bill. Among the debts listed was 60:10:0 due to the widow as a remainder of what was promised her at marriage, further evidence of a pre-martial family settlement.

After his brother's death, Jonathan Emery was appointed administrator d.b.n. 8 Jun. 1696, but declined to serve and John Emery, a grandson, was named in his stead

Parts of the will can be found in the Salem Quarterly Court, Records and Files of the Quarterly Courts of Essex County Massachusetts Vol. 9 Sep. 25, 1683 to Apr. 20, 1686 (1975) Essex Institute pg. 132-3. reading as follows [different than the above will]:

"Unto my daughter Ebenezer Hoag on acre and halfe of upland att the west end of my whome lot Joyning to that parsell of land which I formerly gave her at ye sd west end of my of land Nest the Coman the which land together wth this acre and halfe of land - mentinoed I doe giue to my sd Daughter Ebenezer and her posterity for ever all my lands in Newbery both upland and meadow together with my freehold, and rites of Coman in Newbery together with my houseing desing upon ye sd land with all the prin---es and apurtenances belonging to all and singulas to every part and parsell thearof: the one halfe whearof I have formerly given to him and doe now Confirme to him ye sd Johnathan and his heires for ever and ye other of the sd premeses I doe allso Confirmer unto my sd sone Johnathan upon Condition and in Consideration that the said Johnathan shall maneg and manure that one halfe of the saide lands both upland and medow for the use and proper behalfe of me the sd Emry and my wife: his mother soe long as we both or either of us shall live: that is to say he shall att his own Charge till my upland acording to our order: we finding seed of such soas we shall se Cause and also laye it in the barne or house harvested we to take the Care of it for thrashing and what else is---- done to it: also to Cut one halfe of al the medous and make and bring whome the hay thearof for me or my wife: on the sd land also to lay halfe the dung which shall be prodused by foder growing on al sd lands -- medow on that part of ye land which he tilleth for our use and to make and maintaine all fenses belonging to sd lands and to repair the barne & housing thear unto belonging and allso the sd Johnathan is to paye fifty pounds in good & merchantable Corne and neat Cattell under eight years old to be paide at the now dwelling house of me sd Emry acording to my order by sd Johnathan or his heirs in five years after my deceas and the deseas of my wife that is ten pounds by the year the which fifty pounds togetherr with my Chattels and mouable goods I order and dispose of as followeth: my will and Intent is that Mary my wife shall have ten pound of the sd estate to dispose of at her deceas to whom she pleas and my grand CHild Mary Emarson I doe also giue unto her ten ownds which shall be pd to her out ye sd Estate and my will is that my bebts shall be all payed out of my stock and goods and that fifty pownds befor expressed shall be equally deuided between my sixe children and sd Mary Emarson I doe allso apoint my suns John Emry and Abraham Merrell to be ouerseers of this my will and in Case either of them dey before all the perticullars thearin mentioned be prformed then I apoint Joseph bayle in his roome

The above same source pages 133-4 list the inventory of the estate of John Emery Sr. as follows:

Inventory of estate of John Emery., Sr., of Newbury, who deceased Nov. 3, 1683, taken Nov. 13, 1683, by John Kally and Joseph Pike:

six acres of plow land with a small orchard, 48li.; halfe a farme and houseing, 15li.; ten acres three quarters of pasture land, 43 li.; eight acres of meadow att 8li.; p acre, 64li.; four cowe and a clafe, 17li.; sixe sheep and a halfe, 2li. 15s; seaven swine, 4li. 8s; weareing clothes, 6li.; bookes, 1li. 10s; two feather bes, bedsteads and furnetture, pillows & bolsters, 20li.; 3 pr. of sheets, pillobeers and table lining, 3li. 10s; 30l bs. of Corne, 4li. 10s.; 15 bushels of barley, 3li; mopny and silver, 9s; sixe Chests and a boxe, 1li. 10s; three Chaynes, spade and stockbounds, Iron bar, 2li. 8s.; Carpenter and turners and Joyners tooles, 4li. 7s; old Iron, 12s.; Armes, sword and halbeard, 17s.; whhel, reel, saws, and a brake, 10s.; tubs and barels, 1li. 1s.; earthen wear,, 6s.; lead waights, 5s.; hour las & other things, 1li. 15s.; brase, 1li. 9s. 6d.; pewter, 1li. 4s.; Iron weare, 2li. 19s. 6d.; dishes & spoons, 10s.; 2 yards of cloth, 10s.; flaxe yarne and wool & seales, 1li; barrel of sider, 10s.; buscket, 2s.; meal trough and Coffer, 6s.; danel bradles bill, 2li.; Chayars and stools, 5s. 6d.; a maultt mill 2li.; a sadle and pillion, 15s.; total 263li. 11s. Debts due from the Estate: to Marchant DOle, 7li. 11s. 8d.; Jno. Emry, 3li. 19s. 3d.; Small Plumer, 2li. 3s.; St. Coffin, 2li. 5s.; Ensn. Greenleif, 13s. 4d.; Johnathan Emry, 6li. 7s.; Ebenezer Hoag, 1li., 5s.; Abraham Merrill, 10s.; Jno. Webster, jr. 9s. 6d.; Hugh Mathes, 2 dayes and his wife for eight weeks attendance, 1 li. 10s.; ye widow Mary Emery for ye remainder of what She resarued on marriage, 6li, 10s.; total, 33li. 3s. 9d. more demanded by Nath-------, 8s.; Isreal Webster, 6s.; Johanthan Emry, 4s.

And is also found in Essex County Massachusetts - Essex Probate Docket # 8976. The will of widow Mary Emery, who died 28 Apr. 1694 Newbury, Ma., its preamble in an easily deciphered hand was written in its more important parts by an inexperienced penman who succeeded in making much of it illegible. It was dated 1 Apr. 1693, and proved 11 Nov. 1696. The her son Jonathan Emery she gave 10 pounds "that my husband gave me in his last will" and forgave him 30s which he had borrowd of her. The her daughter Ebenezer "the rest of my wearing cloths." witnesses: James Gulmar, Elizabeth Bricket.

Children:

  • 3 ELEANOR EMERY bp. 7 Nov. 1624 Romsey, Hants, England [Listed as Helena on parish records]
  • 4 ALICE EMERY b. c. 1625 Romsey, Hants, England.
  • 5 JOHN EMERY b. c. 1628 England; bp. 3 Feb. 1628 Romsey, Hants, England he married his step-sister - 2 Oct. 1648 Newbury, Essex, Ma. MARY WEBSTER b. 1630 d. 3 Feb. 1709 d/o John and Mary (Shatswell) Webster
  • 6 ANNE EMERY b. c. 1631 England; bp. 18 Mar. 1631 Romsey, Hants, England
  • 7 EBENEZER EMERY (dau.) b. 16 Sep. 1648 Newbury, Essex, Massachusetts [V.R.'s list first 14 Sep. and then 16 Sep. S.Dup]

His second wife was a widow MARY (SHASTWELL) WEBSTER and the probable date of their marriage [2] 29 Oct. 1647 Newbury, Essex, Ma. , a year after he first husband's death and when his bond in the Travers case was discharged [29 Oct. 1750 is given by the 1890 Emery book] she was d/o John and Judith Shatswell and widow of John Webster of Ipswich; [2 Oct. 1648 Hadley, Hampshire, Ma.]

children 2nd marriage:

  • 8 JONATHAN EMERY b. 13 May 1652 Newbury, Essex, Massachusetts

References

1. Cecile N. Pimental & Noreen C. Pramberg, Four Generations of the Descendants of John Webster of Ipswich, Ma. in 1635, 1983 - Parker River Researchers, pg. 2. "daughter of John and Mary (Shatswell) Webster, was born about 1639. She married John Emery, Jr. son of John and Mary Emery Sr., 2 Oct. 1648. They lived in Newbury, Massachusetts. Children listed: Mary, Hannah, John, Bethiah, Sarah, Joseph, Stephen, ABigail, Samuel, Judith, Lydia, ELizabeth and Josiah."

2. John C. Webster M.D., Some Descendants of John Webster of Ispswich, Ma. 1634, 1912, pg. 7. "daughter of John, married John Emery Jr., of Newbury, Massachusetts, October 29, 1650. CHildren listed: Mary, Hannah, John, Bethia, Sarah, Joseph, Stephen, ABigail, Samuel, Judith, Lydia, ELizabeth and Josiah."

3. The Church of Jesus Christ of Latter-day Saints, Ancestral File (TM), July 1996 (c), data as of 2 January 1996, Family History Library, 35 N West Temple Street, Salt Lake City, UT 84150 USA.

=======

Noyes Genealogy Pages - John Emery Sr.

Grt Mig Begins attributes dau Ebenezer to second wife Mary Shatswell, with marriage in 1647. (cites TAG 17:96). VR Newbury have wedding same day but in 1650, which would leave Ebenezer as dau of first wife Alice.

From Grt Mig Begins “On 29 September 1646, "John Emery, for his miscarriage with the wife of Henry Travers, fined ��3 or to be whipped, and pay witness fee to Christopher Bartlet. Bound to good behavior and not to frequent the company of the wife of Henry Travers" [EQC 1:110].” Seems consistent with death of first wife before this incident.

No evidence of Alice exists after 1647, so Ebenezer is attributed to Mary, and assume VR is in error.

Israel & Nathan Webster son of John, deceased asked that father-iin-law Jon Emery and brother-iin-law Jon Emory jr be appointed guardians. Essex Quartely court Recs 8:88 25:9:1662 (25 Nov)

Grt Mig Begins: “On 31 March 1663, Henry Greenland was charged with soliciting Mary the wife of John Rolfe, and found guilty. The extensive testimony in this case revealed that John Emery's step-daughter, Elizabeth Webster, was a maid in the Rolfe household and had witnessed several untoward passages instigated by Greenland. John Emery, on the other hand, had turned a deaf ear on Mrs. Rolfe's pleas for assistance even when Greenland had pulled her down into his sickbed in Emery's presence. Emery and his household paid several fines as a result of their behavior in these events [EQC 3:48-55, 65-66, 70, 75, 88-90] “

John and his brother Anthony were cabinet makers. John the most significant. An incredible two part chest/cupboard of his is in the Cushing House in Newburyport.

Davis, in Sarah Miller Ancest, 1939: “In 1663 he was in court for entertaining Quakers. Evidence was given that two menand two women Quakers held a meeting in his house, after which the two men were ‘entertained very kindly to bed and table & John Emmerie shook them by hand and bid them welcome.’ Both he and his wife said they would not put Quakers out of their house. He was fined ��4, costs and fee.

Preston-Basset ancestry p 97, has many errors in this llne.

=====================

Passenger List of the ship James

In "The Planters of the Commonwealth" by Charles Edward Banks we find the passenger list of the James and this comment: "James of London, William Cooper, Master, three hundred tons. She sailed from Southampton April 5 and arrived June 3 with passengers and cattle. Winthrop calls me master 'Mrs. Graves' and says that 'he had come every year for these seven years'." Among the passengers our emigrants are listed as:

John Emery, 34 of Romsey Hants, Newbury, Carpenter

  • Mrs. ......Emery
  • Anne Emery
  • Elinor Emery
  • John Emery

Anthony Emery of Romsey Hants, Newbury and Kittery, Carpenter

  • Mrs. Frances Emery
  • Rebecca Emery
  • William Kemp, servant to Anthony Emery, Duxbury

There was a total of thirty-six men and fifty men and women aboard from Romsey.

The Rev. Joseph Avery, vicar of Romsey, had come to New England in 1634 and no doubt influenced many of his parishioners to follow; unfortunately, he drowned in 1635 while sailing from Newbury to Marblehead, Massachusetts. As has been noted, there is reason to believe that head lent money at least to John Emery to bring himself and his family.

The passenger list refers to both of the Emery brothers as carpenters, but Anthony is seldom if ever referred to as such in later years. John evidently did follow the carpentry and cabinet making trade in New England, as we have seen, and both may have been so trained. Furthermore, their passage to New England was often better assured if they claimed a trade, even if they had no intention of following it.

===========

Some records say that John Jr. married Mary Webster, and then his father married Mary's mother, Mary Shatswell, widow of John Webster. According to this site below, John Sr. did marry Mary Shatswell after both of their spouses had died, but John Jr's wife was not Mary Webster:

Webpage can not be found = alumni.media. mit.edu/~kristin/fambly/Emery/JohnEmery4. html

"Please note that despite frequent claims to the contrary, John's wife was not his stepsister Mary Webster. Torrey postulates that she is Mary WHIPPLE...

Webpage can not be found = alumni.media .mit.edu/~kristin/fambly/Emery/JohnEmery3. html

Note that this page has 119 footnotes, so this is at least a well documented source!]

BIRTH & BAPTISM John was born in 1599 in Romsey, Hampshire, England[2] and was baptized there on 29 March 1599[1,3].

DEATH John died in Newbury, Essex co., MA on 3 November 1683; he was 84[3,4].

OCCUPATION John was a Carpenter in England; a Carpenter & Innkeeper here[2].

EDUCATION He could and did sign his name to various documents, including as a witness on 26 March 1662[5,6].

MIGRATION John (and presumably, his family) migrated in 1635, aboard the James[2]. On 5 April 1635, "John Emery and Anthony Emery of Romsey, carpenters" were enrolled at Southampton for passage to New England on the James of London[11,38]. Some sources -- such as Coldham -- list only his brother Anthony; but others -- such as Drake -- list them both.

CITIZENSHIP John made Freeman on 2 June 1641 as the 3rd in a sequence of 4 Newbury men[6,8]. He took the Oath of Allegiance near the end of his life in November 1678 as "John Emery Sr., 80"[6,9].

CHURCH MEMBERSHIP He must have been admitted to the Newbury church before he made Freeman on 2 June 1641[2]. However, on 5 May 1663, John Emery was hauled into court for "entertaining Quakers" and for stating that "if they came to his house they should be welcome and he would not forbid them"[49,50].

"...As early as 1669 and continuing into the events of 1671, John Emery was active in his opposition to the Rev. Mr. Parker[52]. John Emery, Sr. appears in a 1671 list of member of the Newbury church, one of the documents presented in the course of this controversy[49,53]..."

TOWN SERVICE John served both the town & his neighbors over the years. He was on the Ipswich petit jury on 26 September 1648, 29 March 1659, 27 March 1660, 26 March 1672, 24 September 1672, 30 September 1673, 28 September 1675, 24 September 1678[6,42] and on the Grand jury on 30 September 1651, 30 September 1662 and 24 September 1667[6,43]. He was appointed Newbury constable on 27 March 1655[6,44] and Clerk of the market on 25 March 1656[6,45].

Inventory on the estate of Samuel Scullard of Newbery was taken by Stephen Kent, John Merrell & John Emery Sr. on 7 April 1647[46]. "John Emmerry, sr." and John Eaton, sr. took inventory on 8 Sept 1663 on the estate of TheophilusShatswell[47]. "John Emmerry, sr." and Abraham Toppan Sr. took inventory on the estate of Robert Rogers of Newbury...attested to by the widow Susanah Rogers in Ipswich Court on 27:7:1664[48].

LEGAL MENTION Anderson, et. al. make this pithy statement: "Over the years John Emery expended considerable energy on the affairs of his stepchildren.[7]" He spent much time in the Courts over affairs of theirs and his own. John, himself, had an affair with the wife of one Henry Travers, for which he was hauled into court & convicted. On 29 September 1646, "John Emery, for his miscarriage with the wife of Henry Travers, fined £3 or to be whipped, and paywitness fee to Christopher Bartlet. bound to good behavior and not to frequent the company of the wife of Henry Travers."[10,11]

MARRIED Alice Grantham on 26 June 1620 in Whiteparish, Wiltshire, England when John was 21.

CHILDREN of John Emery and Alice Grantham:

  • Alice EMERY - born circa 1622 in Romsey, Hampshire, England. Before 1644 when Alice was 22, she married John CHATER, in Newbury, Essex co., MA.
  • Eleanor EMERY - born in 1624 in Romsey, Hampshire, England and was baptized there on 7 November 1624 as "Helena daughter of John Emmorie"[1,11]. Before 1641 when Eleanor was 17, she married John BAILEY, in Salisbury, Essex co., MA.
  • John EMERY - born in 1628/9 in Romsey, Hampshire, England and was baptized there on 3 February 1628/9. Before 1650 when John was 22, he married Mary [Webster or Whipple?]
  • Anne EMERY - born in 1632/3 in Romsey, Hampshire, England and was baptized there on 18 March 1632/3[1,11]. On 25 November 1648 when Anne was 16, she married James ORDWAY, in Newbury, Essex co., MA as "Emery, Anne, and James Ardway"

MARRIED Mary Shatswell on 29 October 1647 in Newbury, Essex co., MA when John was 48. Mary died on 28 April 1694 in Newbury, Essex co., MA[57,11,75]. Mary was the widow of John WEBSTER. Her children from her first marriage include: John, Mary, Stephen, Hannah, Elisabeth, Abigail, Israel and Nathan.

CHILDREN of John Emery Sr. and Mary Shatswell:

  • Ebenezer EMERY [daughter] - born on 14 September 1648 in Newbury, Essex co., MA. A duplicate record gives the date as 16 September. On 21 April 1669 when Ebenezer was 20, she married John HOAG, in Newbury, Essex co., MA as "Emery, Ebenezer, and John Hoog".
  • Jonathan EMERY - born on 13 May 1652 in Newbury, Essex co., MA. On 29 November 1676 when Jonathan was 24, he married Mary WOODMAN, daughter of Edward WOODMAN, Jr. & Mary GOODRIDGE, in Newbury, Essex co., MA[11,57,101]. Mary was born on 29 September 1654 in Newbury, Essex co., MA[104].
========

John Emery Sr. / Smoky Mountain Ancestral Quest!

John Emery, senior, sailed from Southampton, April 3, 1635, with his brother Anthony in the ship "James" of London, William Cooper, Master. Each was accompanied by his wife and one or two children. They landed in Boston, 3 June 1635, and went soon after to Newbury where John had a town grant of half an acre for a house lot. John Emery was fined 22 December 1637, by the town, twenty shillings for enclosing ground not laid out, or owned by the town, contrary to a town order, and on 1 February 1638, the town granted him that part of ground which was already enclosed. He was made freeman 2 June 1641, and recorded as one of the ninety-one freeholders of the town 2 December 1642; in thesame year he was appointed with three others to make a valuation of all the property in the town, for the purpose of proportioning each man's share in the new division. On 16 March 1663, John Emery was presented to the Court at Ipswich by Henry Jaques, Constable of Newbury, for entertaining travellers and Quakers. 5 May 1663 his presentment for entertaining Quakers was referred unto next Court. The next Court fined him four pounds, costs and fees for entertaining strangers. The evidence given in the case was 'yt two men quakers wr entertained very kindly to bed and table & John Emmerie shok ym by ye hand and bid ym welcome.' Also, 'that the witness heard John Emery and his wife say that he had entertained quakers and that he would not put them from his house and used argument for the lawfulness of it.' John Emery in May, 1663, petitioned the General Court for the remission of his fine. His petition was signed by the selectmen of the town and fifty of the citizens. The fine was not remitted.

He was also prominent in the case of Lieut. Robert Pike, refusing to recognize the authority of the Court to deprive him and his neighbors of the right of petition. In the famous ecclesiastical difficulties John Emery was a member of the Woodman party.

10 April 1644 he had a grant from the town of twenty-two acres and five rods being his own and Henry Palmer's portion of 'Divident' land in the great field beyond the new town. He was selectman, 1661; fence viewer, 1666; grand juryman in the same year; jury of trials in 1672; appointed to carry votes to Salem in 1676.

John Emery made his will 1 May 1680, proved 27 November 1683, in which he mentions his age as eighty-three years. The inventory of his estate was taken in the same day, amounting to 263 pounds, 11 shillings.

Source: 'Genealogical Guide to the Early Settlers of America', 1967, p 178. 'Genealogical Records of Descendants of John and Anthony Emery of Newbury, Mass.', Rev. Rufus Emery, 1891, p 1-2. 'Historical and Genealogical Shatswellsof Ipswich., No 1.', Augustine Caldwell, p 1.

==========
  • EMERY, John
  • b. 29 SEP 1598 Romsey, Hampshire, England
  • d. 3 NOV 1683 Newbury, Essex, Mass.
  • Parents:
  • Father: Emery, John
  • Mother: NORTHEND, Agnes
  • Family:
  • Marriage: 16 JUN 1620 Romsey, England
  • Spouse: Mary,
  • d. APR 1649 Newbury, Essex, Mass.
  • Children:
    • EMERY, John
    • EMERY, Ann
    • EMERY, Ebenezer
  • Family:
  • Marriage: 29 OCT 1650 Newbury, Essex, Mass.
  • Spouse:SHATSWELL, Mary
  • Children:
    • EMERY, Jonathan
  • From: Steve Condarcure's New England Genealogy Index
======
  • Sgt. John Emery
  • M, #563, b. 29 September 1598, d. 3 November 1683
  • Father John Emery b. c 1578, d. 25 Jun 1627
  • Mother Agnes Northend b. c 1576, d. c 6 Oct 1604
  • Sgt. John Emery was born on 29 September 1598 at Romsey, Hants, England. He married Alice Grantham, daughter of Andrew Grantham, on 16 June 1620 at Romsey, Hampshire, England. Sgt. John Emery emigrated on 3 April 1635; On the ship James of London. He married Mary Shatswell, daughter of John Shatswell and Judith Dillingham, on 29 October 1647 at of Newbury, Essex, MA. Sgt. John Emery died on 3 November 1683 at Newbury, Essex, MA, at age 85.
  • Family 1 Alice Grantham b. c 1599, d. 28 Apr 1647
  • Children
    • Eleanor Emery+ b. 7 Nov 1624, d. 23 Dec 1700
    • John Emery+ b. 3 Feb 1628, d. 3 Aug 1693
    • Anne Emery+ b. 18 Mar 1632, d. 31 Mar 1684
  • Family 2 Mary Shatswell b. 1610, d. 28 Apr 1694
  • Children
    • Ebeneezer Emery+ b. 16 Sep 1648, d. 28 Apr 1691 or 1694
    • Jonathan Emery b. 13 May 1652, d. 29 Sep 1723
  • From: Our Royal, Titled, Noble, and Commoner Ancestors & Cousins

Miscellaneous Information

Livingston Emery's line of the family and Polly Clapp Pratt's line can both be traced back to John Emery Sr. through Jonathan Emery and John Emery Jr.

It's interesting that these two are called Sr. and Jr. since the father and grandfather of John Sr. are also listed as John Emery. Probably when father and son arrived in Massachusetts they began to be known as Sr. and Jr.

There were so many John Emerys among the cousins, brothers, nephews, etc. that many of the records have gotten confused.

======

Also stated as a possible brother to john and Anthony has been: George Emery was born 1609 in Romsey, Hampshire, England.m. _ He died 20 Feb 1686/7 in Salem, Essex, Massachusetts.

Other Salem physicans were George Emery who settled in the town in 1636 and sat on the gallows with a rope around his neck in 1668, for an unnatural crime. Everyday Life in the Massachusetts Bay Colony (1935, Reprint 1988) Dover Publishers, NY. George Francis Dow. The following entry from the records of Rev. S. Danforth of Roxbury, Ma. for the date 5 Sep. 1668, recorded in New England Historic Genealogical Register (1880, 34:299) probably refers to the incident and implies the crime. One of Salem was Executed for murdering her child born in fornication. Doctor Emery & ye mother of ye woman sat upon ye Gallows an Hour. Quarterly Courts of Essex co. Massachusetts Vol. 1- VIII Essex Institute, Salem, Ma. 1911-21 is found that he was punished for public drunkeness a least eight times between 1667 and 1674 and forcursing and swearing in 1679.

==============

A reprint in the 1980's of Reminiscences of a Newburyport, Nonagenarian by Sarah Anna Emery (1879 NOTE: the link provided is the original copy at Internet Archives.

This contains the Emery's as well as several other Newbury families: Emery pgs. 134-51,Shatswell pg. 151 Little, Bartlett and many more as she was a descendant of the Emery's and many of the early families of Newbury. A very interesting read of the times and of Sarah Anna Emery Smith life.

She was also author of " THREE GENERATIONS."

She was Sarah Anna Emery Smith (1787-1879)

=========

Landed Boston, MA 1635 and became freeman 6/2/1641 in Newbury, MA

===

John Sr. EMERY13 was born on 29 September 1598 in Romney, Hampshire, England. He died on 3 November 1683 in Newbury, Essex, Mass. He has Ancestral File Number FKDC-X6.

Spouse: Alice GRANTHAM. Alice GRANTHAM and John Sr. EMERY were married on 16 June 1620 in Romsey, Hampshire, England. Children were: Anne EMERY, Child EMERY, Eleanor "Helena" EMERY, Ebeneezer "Eben" EMERY, Child EMERY, Alice EMERY, John EMERY.

Spouse: Alice GRANTHAM. Children were: Anne EMERY, Child EMERY, John EMERY, Eleanor "Helena" EMERY, Ebeneezer "Eben" EMERY, Child EMERY, Alice EMERY.

=======

John and his brother Anthony came from Romsey, Hants, England. They came to Newbury, MA in 1635 on the ship "James," embarking from Southampton on 4/5/1635 and landing in Boston. John settled in Newbury while Anthony settled in Kittery, ME.

John was made a freeman in 1641. He took the oath of allegiance in 1678. John married once before his marriage to Mary Shatswell, widow of John Webster. His first wife was Alice Grantham (b. 1599, d. 4/28/1649), the daughter of Andrew Grantham.

They were of the so-called middle class, not rich but not poor, tradesmen. In religion, they were indents, and great sticklers for the rights of conscience not only for themselves but for others, especially Quakers, whom they befriended and for which they were persecuted and punished.

In his will, he refers to the children of his second wife by her first husband, John Webster, as "my dear children."

The inventory of his estate was taken the same day and was valued at £263, 11 s.

John died at age 83.

======

SOURCES:

* 1. 1998 Ancestral File
* 2. 1997 Ordinance Index
* 3. Main Archive Record

_P_CCINFO 1-20792 [James Savage, Genealogical Dictionary of the First Settlers of New England] JOHN, Newbury 1635, br. of Anthony, came in [p.119] the same sh. arr. 3 June, freem. 2 June 1641, brot. s. John, had here, says Coffin, a d. ?Ebenezer, rather a strange name, b. 16 Sept. 1648, Monday morning, but evident. here iserror of date, if not, as must be suspect. of name, for that day in the Almanac was Saturday; and Jonathan, 13 May 1652

Landed at Boston 3 June 1635, coming in the James. First marriage; he m(2) Mary (Shatswell) Webster, #2979. Freeman, 2 June 1642. He was a carpenter and innkeeper. He was often a juror and a grand juror, and was constableat Newbury in 1655. On 5 May 1663 he was accused of entertaining Quakers, "whereby reproach and scandal is come upon our town...." He was involved in several lawsuits and legal actions, too long to discuss here. His will was dated 1 May 1680 and proved 27 Nov 1683. His inventory came to £263 11s. Eleanor was the second of four children by the first wife.


Miscellaneous Links

Database geolarson2 doesn't exist or has not been configured = wc.rootsweb. ancestry.com/cgi-bin/igm.cgi?op=GET&db=geolarson2&id=I025707

John Emery Sr. NOTE: only send to "SURNAME INDEX FOR MY FAMILY" there is no indication as to who to give credit to.

 
view all 44

John Emery, Sr., III's Timeline

1594
June 16, 1594
Newbury Burial Ground, Newbury, Essex, Massachusetts, USA
1598
September 29, 1598
Romsey, Hampshire, England, United Kingdom
September 29, 1598
Romsey, Hamps, England
September 29, 1598
Romsey, Hampshire, England
September 29, 1598
Romsey,Hampshire,England
September 29, 1598
Romsey, Hamps, England
September 29, 1598
Romsey, Hampshire, England
September 29, 1598
Romsey, Hamps, England
1620
June 26, 1620
Age 21
Whiteparish, Wiltshire, England
1625
1625
Age 26
Romsey, Hampshire, England