Person:John Emery (1)

Origins

Birth: Baptized Romsey, Hampshire, 29 March 1599, son of John Emery ^[7]

His parents were John and Agnes (Northend) Emery.^{Citation needed}

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 ^[8]

Life in New England

Resided in Newbury; occupation innkeeper. Admitted to Newbury Church prior to 2 Jun 1641 at which time he was made freeman?

Freeman: 2 June 1642 (third in a sequence of four Newbury men) [MBCR 1:378].

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].

He remarried at Newbury 29 October 1647 (TAG 17:96) or 1650 (Newbury records) to Mary (Shatswell) Webster, sister of immigrants John Shatswell, Theophilus Shatswell, and Margaret (Shatswell) Curwen, wife of Matthias Curwen.

On 25 March 1651, John Emery deposed regarding steers in controversy between Nathaniel Weare and John Chater [EQC 1:212].

Over the years John Emery expended considerable energy on the affairs of his stepchildren. On 14 October 1651, in "answer to the petition of John Emery, of Newbery, power is hereby granted him, according to his desire, to sell a certain island which was left to three of his wife's children, & also 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" [MBCR 3:254, 4:1:66-67].

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 [EQC 2:70].

On 28 March 1654, with other leading men in town, John Emery Sr. sued John Merrill for selling the town's lands without order [EQC 1:329].

With the majority of men in Newbury, John Emery supported the petition praising Lieut. Robert Pike of Salisbury [EQC 1:366]. On 19 October 1654, the General Court instituted investigations into the answers of men who refused to repudiate their signatures; John Emery Sr. of Newbury was first on this list [MBCR 3:367, 4:1:215]. 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" [EQC 1:367-8].

Newbury constable, 27 March 1655 [EQC 1:387]. Clerk of the market, 25 March 1656 [EQC 1:417].

Estate: on 19 May 1655, "John Emery of Newbury....,carpenter," with "Mary my wife," sold to "William Boynton of Rowley one freehold or liberty of commonage that was John Webster's of Ipswich"[ILR 2:228].

Offices: Ipswich petit jury, 26 September 1648, 29 March 1659, 27 March 1660, 26 March 1672, 30 September 1673, 28 September 1675, 24 September 1678 [EQC 1:146, 2:138, 195, 5:1, 79, 224, 6:63,7:82]. Grand jury, 30 September 1651, 30 September 1662, 24 September 1667 [EQC 1:232,2:433,3:436].

On 9 April 1657, John Emery was one of several Newbury men who testified with regard to "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" [EQC 2:41].

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" [MBCR 4:1:362].

Signed as witness, 26 March 1662 [EQC 2:363].

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 [EQC 2:357]. 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" [EQC 3:15].

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].

On 5 May 1663, John Emery was accused of entertaining Quakers and with saying "if they came to his house they should be welcome and he would not forbid them" [EQC 3:67]. Henry Jaques, constable of Newbury, came to court in May 1663 and presented John Emery, "for as much as John Emery Sr. is one of our grand jury men this last year for our town of Newbury and he himself having broken the law as I do understand in entertaining of travellers and quakers into his house and one Mr. Greenland in all which disorder he have boldly insisted whereby reproach and scandal is come upon our town to the dishonor of God and damage and hurt to some of our Neighbors" [EQC 3:67-68].

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" [EQC 4:121].

As early as 1669, and continuing into the events of 1671, John Emery was active in his opposition to Rev. Mr. Parker [EQC 4:124, 355-56, 359, 366]. John Emery Sr. appears in a 1671 list of members of Newbury church, one of the documents presented in the course of this controversy [EQC 4:361].

On 29 March 1670, Benjamin Rolfe sued John Emery for cutting hay on John Musslewhite's land [EQC 4:225-29, 291].

On 28 February 1672/3, , "John Emery Senior of Newbury" exchanged land with Nathaniel Merrill, Emery receiving "a parcel of land containing by estimation three acres... as it lyeth in the salt marshes in Newbury, "and Merrill receiving a parcel of salt marsh [ILR 3:263].

On 10 July 1675, "John Emery Senior of Newbury..., carpenter,"deeded to "my son Jonathan Emry... the one half of my living or land in Nuberry unto me belonging together with one half of my housing and all other privileges and appurtenances thereunto belonging"; acknowledge 19 March 1678/9 by "John Emry Senior & Mary his wife"[ILR 4:246].

In a Newbury tax list of 7 October 1676, John Emery was assessed at 6 18s 6d. [EQC 6:227].

Took the oath of allegiance at Newbury, November 1678 (as "John Emery Sr., 80")[EQC 7:156].

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 "saddle & cloth," 23s. [EQC 6:446-47, 451].

On 8 April 1679, "John Emerie, Sr., aged about 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 deponent for William Ilsly, Sr., who has peaceably enjoyed it from 1643 to date" [EQC 7:194]. On 29 March 1680, "Richard Knight, 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" [EQC 8:168-73].

Legacy

Will of John Emry, sr.; of Newbery, who was in his 83d year , dated May 12, 1680, proved, 27:9:1683 [note old month numbering], by the witnesses: 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 land Next the Comon the which land together wth this acre and halfe of land-mentioned I doe giue to my sd Daughter Ebenezer and her posteritie for ever....

Unto my sone John Emry and to his posterity for ever all my lands in Newbury both upland and meadow together with my freehold, and rites of Comon in Newbery together with my houseing fensing upon ye sd land with all the prines and apurtenances belonging to all and singular to every part and parsell thearof: the one halfe whearof I have formerly given to him and do now Confirme to him ye sd Johnathan and his heires for ever and ye other of the sd premeses I doe allso Confirme unto my sd sone Johnathan upon Condition and in Consideration that the said Johnathan shall maneg and manure that one halfe of the said 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 of 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 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 together 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 do also giue unto her ten pownds which shall be pd to her out of ye sd Estate and my will is that my debts shall be all payed out of my stock and goods and that fifty pownds befor expresed shall be equally deuided between my sixe children and sd mary Emarson I do allso apoint my suns John Emry and Abraham Merrell to be overseerers of this my will and in Case either of them dey before all the perticullars thearin mentioned be prformed then I apoint Joseph Bayle to his roome.

Wit: Joseph Pike James (his mark) Ordway

It appears that President Franklin Pierce is descended from this family.

Bibliographic Notes

In 1890 Rev. Rufus Emery published a genealogy of the brothers Anthony and John Emery [Genealogical Records of Descendants of John and Anthony Emery of Newbury, Mass. 1590-1890 (Salem 1890)]. In 1935 Walter Goodwin Davis published the Emery entries from the Romsey parish register [NEHGR 89:376-77].

In 1938 Mary Lovering Holman prepared a treatment of the family of John Emery [Pillsbury Anc 2:877]. In 1939 and 1947 Walter Goodwin Davis published accounts of the family of John Emery; in both of these treatments Davis set forth the suggestion that the first wife of John Emery was Alice Grantham [Sarah Miller Anc 21-26; Phoebe Tilton Anc 184-89]. In 1990 Frederick J. Nicholson published data which strongly supported the suggestion made by Davis as to the identity of the first wife of this immigrant [TAG 65:211-13].

Additional Sources

(Incorporate into sources)

1. Local and Family Histories: New England, 1600-1900s, Genealogical Records of Descendants of John and Anthony Emery, of Newberry, Mass from Local and Family Histories: New England, 1600-1900s Compiled By Rev. Rufus Emery. "Fidelis Et Suavis." Emery Cleaves: Salem, Mass. 1890. Printed By Salem Press PubIishing and Printing Co., Tbz Sulem Press. 1891. The Library Brigham Young University, Provo, Utah, Part I, p. 1

Torrey (TAG 17:99) recommends Emery researchers to read:

2. The Ancestry of Sarah Miller, by Capt. Walter Goodwin Davis

3. The Pillsbury Ancestry, by Mary Lovering Hollman

1.   Local and Family Histories: New England, 1600-1900s.

   John Emery, Sen. and His Descendants.
   
   1 JOHN EMERY, sen., son of John and Agnes Emery of Romsey, Hants, England, was born in England, Sept. 29, 1598; he sailed from Southampton, April 3, 1635, with his brother Anthony in the ship James of London, William Cooper, Master, their wives and one or two children each probably with them; he landed in Boston, June 3, 1635, and went soon after to Newbury where John, sen., had a town grant of half an acre for a house lot. John Emery was fined Dec. 22, 1637, by the town, twenty shillings for inclosing ground not laid out, or owned by the town, contrary to a town order, and on Feb. 1, 1638, the town granted him that part of ground which was already inclosed. He was made freeman June 2, 1641, and recorded as one of the ninety-one freeholders of the town Dec. 2, 1642; in the same 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 March 16, 1663, John Emery was presented to the Court at Ipswich by Henry Jaques, Constable of Newbury, for entertaining travellers and Quakers. May 5, 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.
   
   April 10, 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. He married, first, in England, Mary (???), who died in Newbury, April, 1649. He married, second, Mrs. Mary Webster (nee Shatswell) widow of John Webster of Ipswich, Oct. 29, 1650. He died in Newbury, Mass., Nov. 3, 1683. His wife died April 28, 1694. He made his will May 1, 1680, proved Nov. 27, 1683, in which he mentions his age as eighty-three years. The inventory of his estate was taken the same day, amounting to 263 pounds, 11 shillings. His wife made her will Aug., 1693, proved June 11, 1696.

2.   Savage, James. A Genealogical Dictionary of the First Settlers of New England: Showing Three Generations of Those Who Came Before May, 1692, on the Basis of Farmer's Register. (Boston: Little, Brown, and Co, 1860-1862)
   2:119.

   JOHN, Newbury 1635, br[other]. of Anthony, came the same sh[ip]. arr[iving]. 3 June, freem[an]. 2 June 1641, bro[ugh]t. 8. John, had here, says Coffin, a d[aughter]. Ebenezer, rather a strange name, b[orn]. 16 Sept. 1648, Monday morning, but evident. here is error of date, if not, as must be suspect. of name, for that day in the Almanac was Saturday; and Jonathan, 13 May 1652.
   
   JOHN, Newbury, s[on]. of the preced[ing]. came with his f[ather]. m[arried]. 29 Oct. 1650, Mary, wid[ow]. of John Webster of Ipswich, had Mary, b[orn]. 24 June 1652 ; Hannah, 25 Apr. 1654; John, 12 Sept. 1656 ; Bethia, 15 Oct. 1658; Sarah, 26 Feb. 1661; Joseph, 23 Mar. 1663; Stephen, 6 Sept. 1666; Abigail, 16 Jan. 1669; Samuel, 20 Dec. 1670; Judith, 5 Feb. 1673; Lydia, 19 Feb. 1675; Eliz: 8 Feb. 1680; and Josiah, 28 Feb. 1681; and d[ied]. 1693, aged 65. His wid[ow]. d[ied]. 28 APr. 1694. Greatly do I doubt the exactness of Coffin's relat. here. If the w[ife]. were that w[ife]. of John Webster wh[o]. had s[on]. John, b[orn]. 1632, she could not be mo[ther]. of all these here assign[ed]. to her. Even if she were sec[ond]. w[ife]. of that J[ohn]. W[ebster]. and a young wid[ow]. when tak[en]. by Emery, it may seem exped[ient]. to allow him a sec[ond]. w[ife]. to bring the two last nam[ed]. ch[ildren]. Mary m[arried]. 10 Mar. 1671, the sec[ond]. William Sawyer. Six of this name, three of wh[om]. were clerg[ymen]. had, in 1828, been gr[aduated]. at Harv[ard]. and eight at other N[ew]. E[ngland]. coll[eges].

3.   First Settlers of Newbury.

   This listing was extracted by Joshua Coffin from the proprietor's book of records, folio forty-four. The record is dated December 1642 and is the first known list of the first settlers of Newbury.
   --------------------------------------------------------------------------------
   Walter Allen - Nathaniel Badger - Richard Badger - Giles Badger - Christopher Bartlet - Richard Bartlet - John Bartlet - Nicholas Batt - William Berry - Thomas Blumfield - John Bond - Mr. John Browne - Richard Browne - Thomas Browne - George Browne - Joseph Carter - John Cheney - Mr. John Clarke - Robert Coker - Thomas Coleman - Thomas Cromwell - Mr. John Cutting - Thomas Davis - Thomas Dow - Mr. Richard Dummer - Mr. Stephen Dummer - John Emery - Richard Fitts - William Franklin - John Fry - Samuel Gile - John Goff - Mr. Edmund Greenleaf - Thomas Hale - Nicholas Holt - Abel Huse - John Hutchins - William Ilsley - John Kelly - Stephen Kent - Richard Kent, Jr - Richard Knight - John Knight - Richard Littlehale - Mr. John Lowle - Mr. Percival Lowle - Henry Lunt - John Merrill - Mr. John Miller - William Moody - William Mors - Anthony Morss - John Musselwhite - Mr. James Noyes - Nicholas Noyes - Mrs. John Oliver - John Osgood - William Palmer - Henry Palmer - Mr. Thomas Parker - Joseph Peasley - John Pemberton - John Pike Jr - John Pike, Sr - Francis Plumer - John Poor - Mr. Edward Rawson - Henry Rolfe - John Russ - Samuel Scullard - Mr. Henry Sewall - Anthony Short - Henry Short - Thomas Silver - Thomas Smith - Anthony Somerby - Henry Somerby - Mr. John Spencer - Wid. (William) Stevens - John Stevens - John Swett - William Thomas - Daniel Thurston - William Titcomb - Abraham Toppan - Henry Travers - Nathaniel Weare - William White - Mr. John Woodbridge - Mr. Edward Woodman - Archelaus Woodman.

4. ↑ Newbury, Essex, Massachusetts, United States. Vital Records of Newbury, Massachusetts, to the End of the Year 1849. (Salem, Mass.: The Essex Institute, 1911)
   1:589.

   John, Sr. Nov 3, 1683

5. ↑ 1600 Lines to Pilgrims, Vol/ser/edn: vol. III. (1982).

   d. 03 Nov 1683

6. ↑ John Emery, in Anderson, Robert Charles; George F. Sanborn; and Melinde Lutz Sanborn. The Great Migration: Immigrants to New England, 1634-1635. (Boston, Massachusetts: NEHGS, 1999-2011).

   ORIGIN: Romsey, Hampshire. OCCUPATION: Carpenter. Innkeeper. FIRST RESIDENCE: Newbury.
   Birth: Baptized Romsey, Hampshire, 29 Mar 1599, son of John Emery [NEHGR 89:376]
   Death: Newbury 3 Nov 1683
   Marriage: 1) Whiteparish, Wiltshire 26 Jun 1620 Alice Grantham... 2) Newbury 29 Oct 1647 Mary (Shatswell) Webster [TAG 17:96]

7. ↑ Great Migration, citing NEHGR 89:376; see also TAG 17:98 citing Capt. Walter Goodwin Davis, The Ancestry of Sarah Miller, p 23
8. ↑ Drake's Founders 56.