His children: |
Individual in this page: |
His parents: |
||
{ |
{ |
John Emery (II) ★ (John I) was said to have been born or christened in Romsey, Hampshire, England on September 29, 1598 EM1, ST8, CU8, HO12 or March 29, 1599 DA15, AN7. John Emery, the son of John Emery, was baptized on March 29, 1599 in Romsey, Hampshire, England EN24. On March 29, 1670, he stated in a deposition at the Ipswich Court that he was seventy years old DO15.
Rufus Emery submitted that the name of John’s first wife was Mary, with whom he was the father of John Jr., Ann, and Ebenezer EM1, while Walter Goodwin Davis and Frederick J. Nicholson believed that John married Alice Grantham, citing a Whiteparish, Wiltshire marriage record dated June 26, 1620 DA15, NI3. On that date, the Whiteparish marriage register recorded that a John “Emorye” married “Allice Grantam” WI24. Whiteparish is less than eight miles northwest of Romsey, John’s hometown. Alice may have been the daughter of Walter and Ellinor Grantam of West Dean, Wiltshire NI3, AN7, a village which is just under three miles north of Whiteparish. The will of Walter Grantam, undated but proved on February 5, 1622/3, named his wife, Ellinor Grantam, two of their children, Joane and Thomas Grantam, and three of their grandchildren, who were Ellinor Libtha, William Libtha, and Alice “Emerye” WI38, NI3. Walter bequeathed six shillings and eight pence to Alice Emerye, with the condition that if Alice died, this sum was to be paid to her mother (who was unnamed) at the death of her grandmother, Ellinor WI38, NI3. This Ellinor was probably the “Widdowe Grantam” who was buried in West Dean on March 7, 1629/30 NI3.
If this John Emorye who married Allice Grantam in 1620 was the same John Emery who was from Romsey, and later Newbury, then John and Allice were probably the parents of Alice, who was born sometime before February 1622/3, when she was mentioned in Walter Grantam’s will WI38, NI3. John’s daughter, Alice, was almost certainly the same who married John Chater (Cheater, Chattour), for at a court held in Ipswich on November 19, 1657, John Chattour was ordered to pay the fees for his case regarding the rightful possession of a steer DO13. Depositions given for this case revealed that “Alis” was the wife of John Chater, and that they had two children, and Barbara Ilsly deposed that twelve months beforehand, “John Chater brought a beast to his father Emery to be killed” DO13. This “father Emery” was clearly John Chater’s father-in-law.
John “Emmorie” was also the father of Helenna Emmorie, baptized in Romsey, Hampshire on November 7, 1624 EN4, John Jr., born in England in approximately 1628 EM1 or 1629 CO1, and Ann, who was born in about 1631 EM1 or 1632 DA15. Ann (or Anne) married James Ordway HO12.
According to the transcriptions of James Savage (and later by Michael Tepper), John and Anthony Emery, who were carpenters of “Sarn” (perhaps Sarum), Salisbury, were passengers on the first voyage of the James in 1635 WI27. This ship, captained by Master William Cooper, sailed from London to New England on April 6, 1635 WI27. Additional passengers included Thomas Browne, Hercules Woodman, and Nicholas Holte WI27. They arrived on June 3, 1635, and continued on to Newbury, Essex County, Massachusetts EM1, ST8, SA9, CU8. Several of the passengers on this ship also settled in Newbury, such as Thomas Browne, John and Richard Knight, who were tailors, and Nicholas Holte, a tanner, who later married Martha Preston; these last three men were also of Romsey WI27, DR3. Hercules Woodman, a mercer of Malford (Christian Malford) DR3, also settled in Newbury, and he was also called Archelaus Woodman, the son of Edward Woodman and Collett Mallett CU7. John received half of an acre of land at the Lower Green in Newbury for a house lot EM1, ST8, CU8.
As a carpenter CU7, SH17, DA15, John schooled his sons, John Jr. and Jonathan, in the trade, and they trained others their father’s style TR4. John’s grandson, Stephen Emery, also was a part of what became known as the “Emery Shops” TR4. Furniture attributed to the Emery Shops featured drawer fronts fashioned of riven boards of oak which were tapered, being thicker at the base than the top, so that the bottom margin of the drawer front could be rabbeted to join together both the sides and the bottom of the drawer TR4. Typically, the bottoms of the drawers were made from watersawn sycamore or pine, or sometimes riven oak TR4. The Emery Shops tradition also utilized a marking system of hash marks or crescent symbols on the inside of the cases to aid in the joinery process, as well as to demonstrate the placement sequence for the drawers TR4.
The administration of the estate of the late Joseph Avery was granted to Mr. Anthony Thatcher at the Newe Towne Court on September 1, 1634, and among the items of Joseph Avery’s inventory was a debt of seven pounds which was due to him from “John Emery, carpenter” SH17. While John denied that he owed Joseph Avery this debt, Richard Knight, Nicholas Holt, and John Knight stood ready to “testifie & proue it to be due” SH17. Anthony Thatcher noted that this debt was meant to be paid in labor, which John had already partially paid off SH17.
John was fined twenty shillings on December 22, 1637, because he had illegally enclosed land which was not previously laid out by the officers of Newbury, but on February 1, 1638, he was granted that land which he had fenced EM1. Because livestock was permitted to roam, but tended to damage gardens and cropland, the freeholders of Newbury asked John to construct a pound to enclose stray horses, cows, and pigs, of the size of two and a half rods square CU7. They requested that he try to complete this enclosure by the end of February 1637/8 CU7. The freeholders stated that they would assist him as best they could if he required it, and when the pen was finished, both John and the freeholders would determine a fair price for his work CU7. Ultimately, for whatever reason he had, John did not construct this pound, and so it was built by the constable of Newbury, Richard Brown CU7.
On March 12, 1641/2, John held two and three quarter shares, or rights, of the Stint of the Ox and Cow Common of Newbury; “the cow common, the ox common, and the heifer common were laid out, and five hundred and sixty-three “rights” in each pasture were divided among the freeholders in proportion to the number of acres of land owned by them” CU7. On June 2, 1641, John Emery was admitted as a freeman of Newbury PA23, SH17, CU7, SA9. He and three additional men, John Merrill, Richard Knight, and Anthony Short, were selected to assign valuations of all of the properties in Newbury in 1642 in preparation for the fledgling town’s impending relocation, and he was listed as a freeholder of Newbury on December 2, 1642 CU7, EM1. John “Emerry”, Sr. was said to have been granted a parcel of eight acres of land near Artichoke River from the town of Newbury sometime prior to March 1662, when at that time this land was referenced in a deed from James and Ann Ordway to John Emery, Jr. SA21.
He was granted twenty-two acres and five rods of land on April 10, 1644, which was “his and Henry Palmer’s portion of land in the great field beyond the new town” EM1, DA15. He was assigned house lot number fifty-one in the newly relocated settlement of Newbury, which was on Cross Street, later called Ordway’s Lane, and now called Market Street CU7. Sometime in the year 1645, he sold a parcel of four acres of land to John Bond, which was bounded by lots owned by Mr. “Cromlome” on the northern side, John Bishop on the southern edge, and Anthony Morse on the western side CU8.
At a Newbury town meeting on December 18, 1645, John Emery and Samuel Scullard made a covenant, which stated that they would construct a watermill to grind corn, located between Edward Woodman’s bridge and Nicholas Holt’s Point, on or before September 29, 1646, and should they fail, they would pay a penalty of forty pounds CU7. John and Samuel were to receive a grant of six acres of meadowland and ten acres of upland from the town, in addition to “twenty pounds in merchantable goods”, tax exempt status on the mill for a period of seven years, and the acknowledgment that it was a freehold to them and to their heirs, forever CU7, CU8. Samuel Scullard died sometime before October 1647, and his widow’s next husband, John Bishop, bought John Emery’s interest in the mill CU7.
John Emery was mentioned in the Ipswich Quarterly Court on July 29, 1646, which stated, “John Emery, for his miscarriage with the wife of Henry Traverse, fined 3li. 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 Traverse” DO12, whose name was Bridget Travers DA15. He was discharged of this bond “for good behavior” on March 30, 1647 DO12. John Emery, Stephen Kent, and John Merrell conducted an inventory of the estate of the deceased Samuel Scullard on April 7, 1647, and at a court held at Ipswich, Essex County, Massachusetts on September 28, 1647, John Emery swore before Robert Lord, the clerk, that this was a true inventory SA21.
He was granted a three-acre parcel of land called “the greene” in Newbury on May 18, 1647 for the sum of three pounds, which was “bounded by the half acres lotts on the west, the hye way on the South east and his own land on the north, being in a triangle” CU8. Twenty rods of this parcel were reserved for a cemetery CU8. On September 26, 1648, he served as a juror at the Ipswich Court DO12. He and Anthony Somerby witnessed a deed from Francis Plumer, a yeoman of Newbury, Essex County, Massachusetts, to Robert Coker, who was also a yeoman of Newbury, on January 7, 1651 SA21.
Walter Goodwin Davis suspected that when Henry Short (the Town Clerk of Newbury from 1686 until 1706 CU7) copied the records in 1690, he inadvertently confused the details between the marriage of John Emery, Sr. and Mary (Shatswell) Webster with the marriage of John Emery, Jr. and Mary DA15. Clarence Torrey stated that Henry Short recorded the marriage date for John Emery, Sr. and Mary (Shatswell) Webster as October 29, 1650, but Torrey further stated that Henry Short was born in 1651/2 TO13. Torrey also acknowledged that the original marriage record for John Emery and Mary is not complete and that Henry Short made a copy of the original TO13. As it presently reads, the marriage record does not indicate which John Emery (senior or junior) was involved and does not provide a complete date of the event. It is highly unlikely that the original marriage record for John Emery and Mary Webster was recorded by Henry Short, as he was not alive at that time and was not elected to the position of Town Clerk of Newbury until 1685/6 CU7. The Town Clerk at that time was Anthony Somerby CU7. At a General Court at Boston on October 27, 1647, Anthony Sumersby was appointed as the “clarke of the writs at Newberry, & to record births, deaths, & marriages, in the place of John Lowle, deceased” SH18. It is more probable that Anthony Somerby recorded the marriages of Newbury in some fashion during his years as the town clerk. It is less probable for Henry Short to record not only the new births, marriages, and deaths, but also events which occurred nearly four decades prior, while he was the town clerk.
Torrey believed that because Henry Short was born after the event of the marriage, he should have consulted members of the Emery or Webster families to determine the marriage date or year, but in actuality he must not have consulted anyone TO13. Torrey believed that this was because John Emery, Sr. and his second wife, Mary (Shatswell) Webster, had a daughter (Ebenezer) who was born in 1648 and because John Emery, Sr. and Mary (Shatswell) Webster did not face any legal repercussion for what would have been a child born prior to marriage, they were most likely already married before Ebenezer was born TO13. Torrey believed that this failure to consult with individuals from the Emery or Webster families is why Henry Short assigned an incorrect marriage year of October 1650 to John Emery and Mary TO13. Torrey believed that Henry Short wrote a marriage month and date of October 29 which was correct, but an incorrect year (1650) TO13.
Both John Emery, Jr. and his wife and John Emery, Sr. and his wife were married by October 10, 1650 when they were deposed in an Essex County court case TO13. The court record which was dated 10 : 8 : 1650 (October 10, 1650) stated “Wit : [witnesses] John Emery, jr., and his wife. John Emmary, sr., and his wife…” DO12. See the biographical sketch of Mary Shatswell (below), which details this court case DO12. This means that the copied (i.e., later and not original) marriage record which indicated that John Emery and Mary Webster married on October 29, 1650 could not have been a true copy because both father and son were married prior to the alleged marriage date of that record TO13.
Torrey believed that the following timeline indicates that the marriage between John Emery, Sr. and Mary (Shatswell) Webster must have occurred on October 29, 1647, as opposed to October 29, 1650: John Webster (the first husband of Mary Shatswell) died prior to September 29, 1646 TO13. Mary (Shatswell) Webster was called a widow on November 4, 1646 TO13 and again on November 30, 1646 SA21. Ebenezer Emery, the daughter of Mary (Shatswell) (Webster) Emery was born in September 1648 TO13. This indicates that the marriage between John Emery, Sr. and Mary (Shatswell) Webster occurred after November 30, 1646 and since it occurred on October 29, it must have occurred in the year 1647 TO13. This logic makes sense, but while it is unlikely that Henry Short wrote the original marriage record, it may not really matter who wrote it because the current state of the record has suffered so much damage that it is not possible to determine the date beyond that it occurred on October 2 or sometime between October 20 and 29, because the page has been torn away.
Various copies of the marriage records from Newbury have been reproduced throughout the years MA26. Two versions state “1650 John Emery & Mary Webster widow of John Webster of Ipswich. October 29th 1650” MA26. Another copy made in 1860 by William Little, the Town Clerk of Newbury who served from 1857 until 1884, states “John Emery and Mary xxxxxx /Webster/ x maryed Octob 2xxxxxxx” MA26. The original record has suffered too much damage to be of use anymore NE20. It was written by Anthony Somerby, who served as the Town Clerk of Newbury from 1647 until 1686 CU7, and it currently states “John Emery and {Webster Mary” and was written below a record which states “William Randall & Elizabeth [the paper is torn away] marryed Octob. 2 : 16 [the paper is torn away]” NE20. A reproduction has been provided below; the names of John Emery, Webster, and Mary are near the bottom of the image NE20.
Because it was claimed that John had acted with impropriety toward Bridget Travers in 1646, there is a chance that his first wife may have died prior to his indiscretion, yet his daughter, Ebenezer, was born on September 16, 1648 SA9. Perhaps John’s first wife died during or shortly after childbirth, and he remarried quickly to provide a mother to his infant daughter.
John and Mary Emery of Newbury sold a twenty-acre parcel of twenty acres to Thomas Boreman of Ipswich for the sum of thirty-five pounds on October 7, 1652 SA21. This land had previously been purchased by Mary Webster (see below) on November 30, 1646 from John Andrews SA21. The deed below was transcribed by George Freeman Sanborn, Jr. and is reproduced here under a Creative Commons “Attribution-ShareAlike 4.0 International” license SA21:
Whereas the Generall Court gave liberty to John Emerye, (he giving securyty to Ipswich Court for the children’s portions) to sell such lands as was the securyty for the children of John Webster for their Severall portions, the said John Emmery have given security, as may appear by the records of the Court; this pr’sent writing therefore wittnesseth, that Jno. Emery and Mary his wife, of Newbury, in the county of Essex, carpenter, for and in consideration of thirty five pounds, in hand paid before the sealing heereof; have granted, bargained & sold, and by these presents doe fully grant, bargaine and sell, unto Thomas Boreman of Ipswich, in the county aforesaid, all that theire iland bought of John Andrewes, as by his deed of sale bearing date the last of November, 1646, may more at large appeare, which iland containes twenty acres be it more or less, scituate, lying & being in Ipswich aforesaid, bounded by a certaine creeke comonly called the labour in vaine creeke toward the west, the farme of Thomas Emerson towards the southeast, & the land of the aforesd Thomas Boreman northeast. To have & to hold & peaceably to enjoye all the said iland, with all the appurtenances & privilidges thereunto belonging, unto the said Thomas Boreman, his heirs and assigns forever. In witness whereof the sd John Emmery & Mary his wife have hereunto sett their hands & seales, the seventh of the eighth month, Sixteene hundred & fifty two, 1652.
John Emery.
the marke of Mary Emery.
Signed, sealed & del’d. in the presence of us,
Robert Lord.
John Tillesson.
John Emery, Sr. witnessed a deed between Francis Plumer of Newbury and William Sawyer of Newbury on November 16, 1649 SA21. He served on the Grand Jury at the Ipswich Court on September 30, 1651, and on September 28, 1652, John “Emerie” and “Edmond” Bridges testified against Henry Archer and John Baker, respectively, regarding the charges that they, Archer and Baker, were suspected of “not putting six bushels of malt into each hogshead” DO12. John Emery, Sr., John Emery, Jr., and fifteen additional men of Newbury dissented in the proposal at a town meeting (held perhaps on May 14, 1653) to levy an annual rate of ₤24 “to maintain a free school to be kept at the meeting house, the master to teach all children sent to him as they knew their letters and began to read” DO13.
After Lieutenant Robert Pike criticized an order which made it illegal for anyone to preach in a town unless the elders of four neighboring churches or the county court approved it, he was disenfranchised, prohibited from holding public office, and fined twenty marks (over thirteen pounds) by the General Court in September 1653, which stated that he was guilty of seditious speech CU7. This censure and punishment of Robert Pike caused many citizens of Andover, Hampton, Haverhill, Newbury, and Salisbury to become angry, and more than one petition was created on his behalf, requesting the court to pardon his fine and his sentence CU7. The petition from the townspeople of Newbury, in particular, was signed by more than fifty-eight men, including Aquilla Chase, Edward Woodman, John Wheeler, John Bailey, John Emery, Jr., and John Emery, Sr. DO12, CU7. The petitions were presented to the General Court on May 14, 1654, which gave an answer CU7:
In answer to the peticon [petition]… this Court cannot but deeply resent that so many p[er]sons of seuerall tounes, condicons [conditions] & relations, should combine together to p[re]sent such an vnjust & vnreasonable request as the revoaking the sentance past the last Court, agt [against] Left Robt Pike & the restoring of him to his former libertie, wthout any peticon of his oune, or least acknowledgment of his great offence… The court doth therefore order… that Capt Gerrish & Nicho[las] Noies for Newbery… call the said peticoners… & require a reason of theire vnjust request & how they came to be induced to subscribe the s[ai]d peticon…
Captain William Gerrish and Nicholas Noyes gave a report to the General Court in October 1654, with the reasons certain men of Newbury chose to sign this petition, and they specifically recounted the explanations of Francis Plummer, Robert Morse, John Bishop, Benjamin Swett, and John Emery DO12:
Jno. Emerry demanded their commission and the 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 Jno. Bond answer, he told him that he was a wise man, in a bold manner.
The men of the General Court reviewed the answers of the townspeople who signed the petitions, and on October 19, 1654 or November 1, 1654, they ordered the petitioners whose answers they found unacceptable to appear at the county court and pay bonds of ten pounds to answer for their offences CU7, SH19. From Newbury, John Emery, Sr., John Hull, John Bishop, Benjamin Swett (Sweet), Daniell Thirston (Thurston), Jr., Joseph Plomer, Daniell Cheny (Cheney), and John Wilcott were summoned CU7, SH19. It wasn’t until October 23, 1657, after Robert Pike had paid his fine, that the court pardoned him of the remaining parts of his sentence CU7.
On September 21, 1654, John was selected to make a statement during the ensuing court session at Ipswich regarding the road to Andover, and on September 26, 1654, the town of Newbury was commanded to repair that highway by the time of the next court session or pay a fine of forty shillings CU7. He was sworn at the Ipswich Court as a constable for Newbury on March 27, 1655 DO12. John and his wife, Mary, sold the freehold in that formerly belonged to John Webster on the May 19, 1655 (“the 19th day of the 3rd month, 1655 IP1) to William Boynton of Rowley IP1, SA21. The deed below was transcribed by George Freeman Sanborn, Jr. and is reproduced here under a Creative Commons “Attribution-ShareAlike 4.0 International” license SA21:
Know all men by these presents, that I, John Emerye of Newbury, in New England, in the county of Essex, carpenter, for and in considderation of three pounds, five shillings to me in hand payd, have sould unto William Boynton of Rowley, one freehould or liberty of comonage that was John Webster’s of Ipswich. To have and to hould the said liberty of comonage, with all the benefitts and privilidges that may or doe arise heerby, to the sd William Boynton, and his heirs and executors, administrators and assignes, forever. In wittness whereof I have hereunto sett my hand and seale, the 19th of the 3rd month, 1655; and further I the sayd John Emery with Mary my wife, doe warrant and defend the same against all persons whatsoever, claiming legall right thereto, from, by or under us.
John Emery and a seale.
Mary Emery and a marke and a seale.
Signed, sealed and delivered in the presence of us,
John Pike.
William Ilsley.
On March 25, 1656, he was sworn as the clerk of the market for Newbury DO12 and shortly after on May 5, 1656, John Emery, Sr., Archelaus Woodman, Richard Knight, William Titcomb, Richard Dole, and John Bishop were selected to divide Plum Island into lots DO19. The town of Newbury petitioned the General Court, requesting that no man have command of both the horse and the foot soldiers, and specifically that Captain Gerrish may have the command of just one or the other, and this petition was granted by the court on May 26, 1658 SH20. Directly after this court record was another, which addressed an additional petition from other men of Newbury, but also pertained to the first petition SH20. It stated that, because other Newbury men had informed the court of disorders in the last petition, the court decided to suspend the grant of the last petition, and the General Court of Election ordered John Emery, John Webster, and others of Newbury to appear before the court during the October session and answer to the charges “for theire abusiue carriages in that petition” CU7, SH20. The ruling of the court on October 19, 1658 stated SH20:
The Court, having heard the case relating to the military company peticon [petition] of Newbury, preferr[e]d by Jno Emory, Sen[ior], who, wth his sonnes, John Emery, Jun[ior], & Jno Webster & Soloman Keyes, haue binn so busy & forward to disturbe the peace of the place by theire actings in seuerall respect, & occationed much trouble to this Court in refference thereto, judg it meete to order that the sajd John Emery, Sen[ior], Jno Emery, Jun[ior], Jno Webster, & Solomon Keyes be seuerally admonished to beware of the like sinfull practizes for time to come, wch this Court will not beare: and that they pay the seuerall chardges of theire neighbors at the last Court & this, in coming for releife from such vnder courses. Costs allowed in all was fower pounds eight shillings, & ffees.
He was a jury member on March 29, 1659 and March 27, 1660 at Ipswich DO13 and a selectman in 1661 EM1, DA15. On June 22, 1661, John Emery, Sr., John Cheney, Sr., Abraham Toppan, and Archelaus Woodman signed their names to a statement which read CU7:
The selectmen takeing into consideration that there is no more land to be granted by the Towne, & that there is no need of standing Lott-layers they doe hereby order that they do discharge & release Richard Knight & William Titcomb from that service of Laying out any more Land from this day & henceforth until the town see caus.
John Emmerry signed his name as a witness to a letter of attorney on March 26, 1662 from Richards Shatswell of Ipswich to Samuell Hall DO13. John was a member of the Ipswich Court Grand Jury on September 30, 1662 DO13. He was at the Salem Court on November 25, 1662 as a defendant against Thomas Perry, who claimed that John left seven or eight bushels of wheat at his house DO14. John stated in court that approximately eight or nine years earlier, Thomas Perry brought about eight or nine bushels of wheat and about three bushels of rye to his house, which he needed to have delivered to Mr. Juet and John Tod DO14. John transported the wheat and rye to the boat, where it was loaded, “the wheat to Mr. Juet’s account and the rye to John Tod’s” DO14. His son, John Jr., testified that “Thomas Perry asked… if he could leave the wheat there until the boat came in for Mr. Jewett’s corn… his father took pains to carry this wheat aboard John Harises boat, according to Thomas Peryes order” DO14.
John Roffe (Roafe or Rolfe), the husband of Mary Roffe, was away at Nantucket (according to testimony given on June 26, 1663 by Mary’s father, John Bishop), and because of this, an arrangement between Mary Roffe and Elizabeth Webster was made, in which Elizabeth, also called Betty or Betie, came to live at Mary Roffe’s home to keep her company DO14. Mary and Elizabeth would occasionally visit the home of John and Mary Emery, who were Elizabeth’s mother and stepfather, and this is where she met Henry Greenland, who was a houseguest of John and Mary Emery DO14. Henry Greenland was charged with several counts of solicitation of Mary Roffe to commit adultery, and he was found guilty on March 31, 1663 by a trial by jury DO14. Mary Roffe was presented at the Ipswich Court on May 5, 1663 for “reporting a scandalous lie that John Emery, sr., brought the doctor to her house unknown to her, when she herself came and invited them”, and for other offenses, and she was commanded to pay a fine and was bound to good behavior DO14.
At the Ipswich Court on May 5, 1663, the constable of Newbury, Henry Jacques, testified that he heard Joseph Noyes state that John Emery had “entertained Quakers both for board and table” and after the Quakers met at the residence of John Emery, John “bade them welcome” DO14. Henry Jaques stated that not only did John Emery and his wife acknowledge that they hosted members of the Quaker society, they further asserted that they would not turn them out of their home DO14. At the same court session, John Rolfe was deposed, and he stated that even though John Emery, Sr. had declared before the court that he had not entertained any Quakers in his house since the meeting with Mr. Parker DO14:
I doe testifie that I being at John Emerys Sr house about 3 weeks after that time did see two Quakers there & I herd him say to them & som others that were there yt Joseph Noyce came to his house & told him that ther were two quakers coming towards his house & wisht him not to entertaine them, he sayd if they came to his house they should be welcom & he would not forbid them there they were when I cam in & there I left them I was there upon occasion neare an houer & there were prsent in goodman Emerys house wiliam Ilsly Sr & John muselwhitt
The testimony of John Noyes was similar, as he stated that he passed two women Quakers on his way to John Emery’s house, and when he arrived, he cautioned John not to entertain them DO14. In addition to John Emery’s presentment to the court for entertaining Quakers, he was also presented “on suspicion of breaking the law in entertaining Mr. Greenland four months” DO14. Henry Jacques’ addressed the Ipswich Court in this way DO14:
For as much as John Emerie senr is on [one] of our grand Juri men this Last yere for our Towne of Newbery and he him selfe having Broken the Law as I do understand in Entertaining of Travilers and quakers in to his house and on mr Grenland in all which disorder he haue bouldly Insisted wherby Reproch and scandall is Com upon our Towne to the dishonor of god and damag and hurt to som of our Naibours: for which acording to my dutie I am bound to Enform the honored Court of such disorder and Likewise of Mr Grenland being a stranger lately Com in to the Countrie and in to our towne for not having licenc…
At that same court session, the court referred John Emery’s presentment for entertaining Quakers to the following court session, which found him guilty, and fined him four shillings DO14. He submitted a petition for the remission of his fine, which was signed by over thirty-eight townspeople and selectmen of Newbury, to the General Court on May 21, 1663 CU7:
To the Honrd Generall Court now assembled at Boston, the Humble petition of John Emery humbly sheweth:
That your petitioner dwelling in Newbury, It so fell out by the providence of God that a certaine gentleman (namely Mr Henry Greenland) coming from England upon his occasion was by reason of his Aquaintance with Capt Barefoote &c inclinable to settle in ye country if hee liked & to make use of his practice of phisick & chirugery [chirurgery is an archaic term, meaning “surgery”] amongst us: But beeing as yet unsettled & uncertaine where to fix until his wife (whom he hath sent for) did come, By reason of some employment by ye providence of God presented itself to him, He was necissarily put upon it to reside neer such patients as had put themselves into his hands for cure: Among which one being more than ordinarily dependent Hee desired entertainment And your petitioner did for ye reason above mentioned Receive & entertain him this winter past for which I am fined foure pounds by ye honord court at Ipswich for Breach of a Law, not having (at first) License under the hand of a magistrate. Hee himself being a stranger & not knowing the Law nor your petitioner… The Humble request of your petitioner is That this honord Court would be pleased to remitt ye saide fine (It Being not done in Contempt, but only as necessarily occasioned as above sd) wherein ye gentleman hath (by God’s blessing) been Instrumentall of much good by his calling both in Physick and Chyrurgery and your poor petitioner shall ever pray:
After the magistrates received this petition, they wrote that they “consent not to any revision of the Coun: Courts sentence”, but the deputies agreed to abate the fine, aside for ten shillings, and the magistrates then consented to this arrangement CU7.
He took John and Mary Roafe to court on June 30, 1663 in a case of “slander or defamation”, because he stated that they took an oath at the last Ipswich Court that “all the people went down from Mr. Greenland’s chamber except John Emory and his wife… which was not true” DO14. The court ruled in favor of John and Mary Roafe, but in another case on the same date, in which John Rolfe, Jr. was the plaintiff and John “Emory”, Sr. was the defendant, the court ruled in favor of John Emery DO14. In this case, John Rolfe stated that John Emery brought Mr. Greenland and Mr. Cording to his house at an “unseasonable time of night”, when he was not at home, and they sent Mary Roafe to the Emery residence “to drink strong liquors” DO14.
This was not the only incident in which John Emery provided shelter to traveling Quakers. When Mary Tompkins, Alice Ambrose, and Edward and George Preston were on a journey to Dover, they passed through Newbury, where they were welcomed by John Emery and his wife and invited to stay the night CU7. By the following morning, Thomas Parker, who was the town priest, and several members of his church had learned that a group of Quakers had been housed by the Emery family, and they arrived at John’s doorstep, where each side attempted to convince the other that they were in the right CU7. Thomas Parker stated that John and his wife were not permitted to entertain these people, but John asserted that they were required to entertain strangers CU7. Thomas replied that it was dangerous to entertain people who were afflicted with sores of the plague on their body, and when the one of the Quaker women overheard this comment, she interjected that this was a false, wicked, and malicious lie CU7. Thomas Parker then “hasted away”, although Mary Tompkins “called him to come back again and not to show himself to be one of those hirelings that flee and leave their flocks behind them”, and the church members eventually dispersed CU7. During this discussion (or perhaps a debate or an argument), Mary Tompkins’ stomach began to rumble, because it was said that she had not eaten in two days, and allegedly, Joseph Pike later claimed that “she had a devil in her” CU7. Around this time, and perhaps before this incident, Mary Tompkins and Alice Ambrose were punished severely for their faith CU7:
To the constables of Dover, Hampton, Salisbury, Newbury, Rowley, Ipswich, Windham, Linn, Boston, Roxbury, Dedham, and until these vagabond Quakers are out of this jurisdiction.
You and every of you are required in the Kings Majestys name to take these vagabond Quakers, Anna Colman, Mary Tompkins and Alice Ambrose, and make them fast to the carts tail, and drawing the cart through your several towns, to whip them upon their naked backs not exceeding ten stripes apiece on each of them in each town, and so convey them from Constable to Constable till they are out of this jurisdiction, as you will answer it at your peril, and this shall be your warrant. Per me Richard Waldron. At Dover, dated Dec. 22, 1662
Three depositions, given by Henry Jaques, John Rolfe, and Joseph Noyes stated that John Emery entertained Quakers CU7. Joseph Noyes testified on April 24, 1663 CU7:
This Deponent saith yt as he was agoing to Goodman Emeries, senior, he overtook two women Quakers, and supposing they would call at ye house of ye fore-mentioned John Emmery, he desired him not to entertain ym [them]. But whilst he was in discourse, they came into ye house and there staid until he went away. Goodman Emmery was in ye chamber (as he knows because he yn [then] upon an occasion called out to his wife) his wife being in ye same room with ye Quakers. Ys [This] was after ye meeting of ye quakers at his house wn [when] Mr Parker was yr [there]. Farther he had understood by those yt wr [that were] eye witnesses yt [that] two men quakers wr yr [were there] entertained very kindly to bed and table & John Emmerie shook ym [them] by ye hand and bid ym [them] welcome: Ye substance of ys [this], he, or his wife in his presence told him, and owned it (according to his best remembrance) more yn [than] once. This also ws severl days after ye meeting above said. Taken upon oath 24, 4, 1663 before me Simon Bradstreet
The testimony of Henry Jaques merely stated that he had heard Joseph Noyes’ account of the event, but the testimony of John Rolfe stated CU7:
This Deponent saith that where as John Emery senior did afirme before the honoured Court that he had not entertained any quakers in his house since that time that the meeting was there when Mr parker was sent for & came to them. I Doe testifie that I being at John Emerys, Sr house about 3 weeks after that time did see two Quakers there & I herd him say to them & som others that were there yt Joseph noyce came to his house & told him that there were two quakers coming towards his house & wisht him not to entertain them; he sayd if they came to his house they should be welcom & he would not forbid them; there they were when I cam in & there I left them. I was there upon occasion neare an houer & there were prsent in goodman Emerys house, wil Ilsley, sen, & John Muselwhite. Sworne in Court at Ipswich 7 May, 1663 p[er] me Robert Lord, Cleric
He and eight other men were appointed as fence viewers for Newbury on April 2, 1666, and they were assigned sections of the town; John Emery, Sr., Francis Plumer, and Thomas Hale, Sr. were allotted the old town section CU7. He was a member of the Grand Jury at the Ipswich Court on September 24, 1667 DO14. On March 2, 1667/8, he was appointed, along with John Merrill, as a Surveyor of the Highways CU7.
Over the next few years, he attempted to procure the deed to a meadow which was five acres from John Muslewhite (Musselwhite, Musellwhite, or Muslwhite) DO15. Several depositions were given in March 1669/70 by those who witnessed various conversations or events regarding the ownership of this meadow DO15. Thomas Hale, Sr. and Richard Knight were deposed, and informed the court that before the death of John Muslewhite, they and John Emery were at John’s residence in January 1668, and John Emery requested the deed to the meadow of John Muslewhite DO15. Thomas Hale and Richard Knight attested that John Muslewhite said, “I neuer made but a conditionall bargaine with you and you haue alwayes broke the conditions and therefore you shall haue it no longer” DO15. They said that later, when John Muslewhite advertised his intention to sell his house and land, John Emery mentioned to Thomas Hale that he was interested in purchasing the properties, but when John Emery discovered the selling price was four pounds annually during the life of John Muslewhite, and then thirty pounds payable upon his death to his executor, John Emery stated that “he would never give that price” DO15. Thomas Hale also swore that “Muslewhite employed him to forbid Emery to cut the grass” DO15.
Henry Sewell and Richard Shatswell testified that on February 15, 1668, they went with John Emery to visit John Muslewhite, and at that time they heard John Muslewhite acknowledge he had sold five acres to John Emery for the sum of five pounds, which was to be remitted after John Muslewhite’s death, in addition to the annual sum of ten shillings, payable during John Muslewhite’s lifetime DO15. John Emery stated that on March 18, 1669/70, he gave one young cow, one heifer, one horse, and two bushels and a peck of wheat to Bengemen Rolfe, who was the executor of John Muslewhite’s estate, for the five acres of land which he had purchased from Muslewhite DO15.
John’s son and son-in-law (probably stepson), John Jr. and John Webster, stated in a deposition that “our father Emerry hath Injoyed and made use of this meadow as his owne ninteen years the last July or mowing seson” DO15. John Emery, Jr. testified that he was present when his father requested the deed to the meadow from John Muslewhite, but Muslewhite replied, “what need you be so earnest for a deede you haue it in posesion doe you think I am a knaue you shal not need to feare it I will giue you a deed before I dye or els if I doe not I will leaue order with him whom I shall a point to be my execeter to giue you a deede of it” DO15. Richard Shatswell and John Webster stated in their deposition that, while at the meeting house when John Muslewhite was close to death, Richard Doel (Dole) stated that Muslewhite directed him to write out the deed DO15.
A contract dated June 30, 1669 between John Muslewhite and Benjamin Roffe, both of Newbury, indicated that Muslewhite sold five acres adjacent to John Emery’s land, in addition to another parcel of two acres, to Benjamin, but the contract also stated that John Emerie was to pay three pounds and ten shillings annually (in wheat, barley, Indian corn, or malt) while John Muslewhite was alive, and then thirty pounds when Muslewhite died DO15. This indenture was witnessed by both Richard Knight and Thomas Hale, Sr. DO15.
A copy of the Commissioners’ Court records for Newbury on March 16, 1669/70 stated that John cut a patch of grass on a parcel of five acres which belonged to the late John Muslewhite, and then he removed the grass DO15. John acknowledged that he cut the grass and added that he formed it into “five small loads of hay” DO15. The Commissioners’ Court issued a verdict in favor of the plaintiff DO15. Finally, Benjamine Roafe was the plaintiff in the Ipswich Court on March 29, 1670 against John Emery in a trespass case DO15. Benjamine claimed that John mowed his grass, but the court ruled in favor of John, the defendant DO15.
John Emery, Sr. was among many names of Newbury men who were named as members of the church of Newbury in 1671 DO15. He and Nathaniell Merrill exchanged parcels of salt marsh on February 28, 1672 (probably 1672/3) IP1:
This Indenture made the last day of February in the yeare of our Lord one thousand six hundred seventy two… betweene John Emery Senr. of Newbury in the county of Essex New Engl: masachusetts, one p[ar]tye and Nathaniell Merrill of the abovesayd Towne & County the other party wittnesseth that the sayd John Emery have fore diverse good causes and considderations, Exchanged a parcell of Salt marsh land with the abovesayd Nathaniell Marrill, And in considderation of the sayd Nathaniell Merrill his resigneing and yealding up, unto the proper use of the above sayd John Emery, his heires executors administrators & assignes fore ever a parcell of Land conteineing by estimation three Acres be it more or lesse, as it lyeth in the Salt marshes in Newbury aforesayde neare the poynt of marshes towards Jeffryes neck as it is bounded upon the North with the land that was Mr Thomas his land, and allso Daniell Pearces and with Newbury River upon the west and south And Abraham Merrills Land on the East and South, for the considderation of the resigneing unto John Emery abovesayd, the sayd three acres of marsh to him & his heires &c. The sayd John Emery, doe by these presents covenant Enfeoffe bargaine, exchange, and fully Clearely and absolutly, confirme and Sell unto the sayd Nathaniell Merrill his heires &c. a p[ar]cell of Land as it is lyeing, and being in the Salt marshes abovesayd, bounded with a creeke, that is between the Land of the sayd John Emery, and that parcel, be it more or lesse, all the marsh Land within the sayd creeke, the sayd Creeke begining at a poynt, at the North westerly corner, of Anthony Som[m]erby, his Six acres bounds, the sayd par[c]ell of Salt Marsh land, on the Easterly and northerly part, and Joyne westerly to a creeke, betweene William Sawyers land & it, and the land of William Ilsly & the sayd Anthony Som[m]erby on the South To Have and to hold… In wittnes wherof the p[ar]tyes above mentioned have Interchangably sett to their hands & seales the day & yeare first above written
Signed sealed & delivered in the presence of us
Anthony Somerby
Wm. Titcomb
He may have been the John “Emry” who served as a juror at the Ipswich Quarterly Court on September 30, 1673 DO16, September 28, 1675 DO17, and September 24, 1678 DO18, unless these records referred to his son. He granted one half of his land in Newbury to his son, Jonathan, in a deed dated July 10, 1675 which was signed by himself and his wife, Mary (by a mark) and which was recorded on April 9, 1679 IP1:
Know all men by these presents that I John Emry senr of Newbury in the cuuntie of Essex Massachusetts colony in New England carpenter, for and in considderation of many good causes… but in speshall for & in considderration of my harty afection which I leave to my son Jonathan Emry, have given granted alienated, Enfeoffed mad[e] over & confirmed, and by these presents, I do fully clearly & absolutly, give grant alienate, enfeoffe, make over, and confirme, unto the sayd jonathan my son of Newbury aforsayd, the one halfe of my liveing or land in Nubury unto me belonging together with one halfe of my houseing, and all other previledges and app[ur]tenances thereunto belonging or any wise app[er]teineing to the sayd lands or liveing To have and to hold the sd halfe of my lands or liveing unto the sayd Jonathan Emry… in Fee simple for ever by these presents, And I the sayd John Emry senr, for my selfe my heires, executors and administrators, doe heerby and shall from time to time at all times hearafter warrantize & maintaine, the sayd Given & granted premisses against all and all maner of persons…In witness whereof I the sd John Emry senr have heerunto sett my hand & seale this tenth day of July one thousand six hundred seaventy five
Signe sealed & possession given acording to law before us
Joseph Pike
Abraham merrill
He was appointed to carry votes to Salem in 1676 EM1, and in 1678 at the age of eighty, he took the oath of allegiance to the King of England DO18, CU7. The items and valuation of those items which John Emery, Sr. was said to have provided to the militia in April 1678 included a new saddle and bridle (28 shillings), a sword and belt (12 shillings), two pounds of “powder & bulletts” (4 shillings), and “Cureing a souldier” (2 shillings and 6 pence) DO17. “John Emerie, sr.” was eighty-one when he testified at the Salisbury Quarterly Court on April 8, 1679, that approximately forty years previously, he witnessed a lot of four acres in Newbury laid out to William Estow DO18.
Joseph Pike and James Odway (Ordway or Ardway) witnessed John Emery’s will on May 11, 1680 ES3, RE3, HO12, in which he stated that he was eighty-three years old ES3, EM1, RE3. He died on November 3, 1683 in Newbury, Massachusetts MA26, ES3, EM1. His will was proved on November 27, 1683, before Hillian Veren ES3, and the valuation of his estate, taken by John Kally and Joseph Pike on November 13, 1683 ES3, RE3, was 263 pounds and eleven shillings ES3, RE3, EM1. He appointed his sons, John “Emry” and Abraham Merrell as overseers of his will and named Joseph Bayle as an alternate overseer in case John or Abraham died before they were able to fulfill the instructions of his will ES3, RE3. A copy of his will and the inventory of his estate have been provided ES3:
This is the last will and testament of me John Emry Senior of newberry 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 may please the lord to deal with me as to the tyme of my departure out of this world Doe therfore Commit my Spirit to the lord that gave it And doe desire that my body may be Committed to the earth from 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 worldly 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 eighty third yeare 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 homelot joyneing to that parcel of land which I formerly gave her at the said west end of my lands next the Common The which land togither with this acre and half of land now mentioned I doe give unto my said Daughte Ebenezer and her posterity for ever.
Item I the said John Emry Doe give and confirm unto my sone Jonathan Emry and to his posterity for ever All my lands in newberry both upland and meadow Togither with my freehold and Rights of Commons in Newberry Togither with my houseing fenceing up on the Said land with all the priviledges and appurtenances belonging to all and Singular to every part and parsel thereof The one half whereof I have formerly given him And doe now Confirm to the said Jonathan and his heires for ever, And the other half of the said premises I doe also Confirm unto my said sone Jonathan upon condition and in consideration that the said Jonathan shall manadge & manure that one half of the said Lands both upland and meadow for the use and propper behooff of the said Emry and my wife his mother so long as we both or either of us shall live: That is to say he shall at his own charge teil my upland according to our order we finding seed of such for sort as we shall see cause And also laye it in the barn or house, harvesting of it and every thing therto belongeing in due season And after it is harvested we to take the care of it for threshing and what else is to be done to it. also to Cut one half of the meadows and make and bring home the hay thereof for me and my wife. On the said land 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 mantain all fenses belongeing 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 and marchantable Corn and neat Cattell under eight yeares old he to be payd at the duelling house of me the said Emry according to my order by the said Jonathan or his heres in five yeares after my decease and the decease of my wife. That is Ten pound by the yeare The which fifty pounds togither with my Chatells & 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 decease to whom she pleaseth And my grand child Mary Emerson I doe also five unto her ten pounds which shall be pd to her out of the said estate And my will is that 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 between 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 bayle in his roome As witness my hand may 11th 1680 John Emry Senr
This was owned and signed by John Emry Senr to be his will as witness Joseph Pike James odaway
An Inventory of the estate of John Emery Senior of new berry who deceased the third of November 1683 taken the 13 day of the said November which is as followeth… six acres of plough land… a small orchyard… half a barn and houseing… 10 acres ¾ of pastureland… 8 acres of meadow… 4 Cowes & 1 calf… 6 sheep and ahalf… 7 swyne… weareing clothes… Books… 2 fetherbeds bedsteads and Furnitu[re] pillows bolsters… 3 pr sheets pillow b[i]e[rs] & tabl linen… 30 bush. Corn… 15 bush. Barly… money & silver… 6 chest[s] 1 Box… 2 bags… 1 set of pump tools… 1 set of churgens tools [probably surgeon’s instruments]… 3 chains spade stokbands Ironbar… Carpenter turner and Joyners tools… old Iron… arms sword & halberd… wheel reel sieves 1 brake… tubs barrel… earthen ware… lead weights & oyer [other] things… brass… pewter… Iron ware… dishes & spoons… 2 yds cloth… flax yarn wool & scailes… 1 barrel syder… 1 basket… meal trough 1 Coffar… daniel bradlyes bill… chaires & stools… mault mill… sadle & pillion