John Emery (bef. 1599 - 1683)

Born before 25 Sep 1599 in Romsey, Hampshire, England

Ancestors

Husband of Alse (Grantham) Emery — married 26 Jun 1620 in Whiteparish, Wiltshire, England

Husband of Mary (Shatswell) Emery — married 29 Oct 1647 (to 1683) in Newbury, Essex County, Massachusetts

Descendants

Died 3 Nov 1683 after age 84 in Newbury, Essex County, Massachusetts Bay Colony

Problems/Questions Profile managers: Puritan Great Migration Project WikiTree [send private message], John Putnam [send private message], and Robert Haack [send private message]

John Emery migrated to New England during the Puritan Great Migration (1621-1640). (See The Great Migration (Series 2), by R. C. Anderson, vol. 2, p. 446) Join: Puritan Great Migration Project Discuss: pgm

Disputed Mother

John Emery's father (but not his mother) is named in his baptism record, which is transcribed in NEHGR.^[1][2] Please see the profile Agnes Emery for information regarding her identity.

Biography

John, the oldest son of John and ?Agnes (birth surname unknown) Emery, was baptised at Romsey, Hampshire, England on November 29, 1599. He was born the 25th ^[3]

^[1][2] He, brother Anthony, and other parishioners of a Cleric Company led by Joseph Avery, booked passage to New England on the James of London in April of 1635.^[4] John was married and had four children prior to their emigration.^[5]

Family

The name of John Emery's first wife, unproven for many years, now has a "quite probable" identification. The West Dean parish records' "chronology and geography are compatible." Also, Alice, the first child of John and Agnes Emery, is named as a grandaughter in Walter Grantham's will on a chronologically compatible date.^[6] Marriage: 26 June 1620 Whiteparish, Wiltshire Alice Grantham to John Emery.^[7] Indexed entry reads Name: Allice Grantam Marriage or Bann Date: 26 Jun 1620 Marriage or Bann Place: Whiteparish, Wiltshire, England Spouse: John Emorye.^[8] The couple had four known children:^[5]

• Alice b say 1622; m John Chater
• Eleanor bp 7 Nov 1624; m John Bailey
• John bp 3 Feb 1628/9; m Mary ____
• Anne bp 8 Mar 1632/3; m James Ordway

Alice Emery's name has not been found in New England records; she was dead by 1647, the date of John's second marriage.^[5]

John married a second wife, Mary (Shatswell) Webster at Newbury on October 29, 1647.^[9] They had two known children:^[5]

• Ebenezer (daughter) b 14 Sep 1648; John Hoag
• Jonathan b 13 May 1652; m Mary Woodman

Newbury

In summer of 1635, land was cleared and lots laid out in the settlement of Newbury in the Massachusetts Bay Colony. John's lot bordered the old Town green and High Street.^[10] He was practicing his trade and by September that year, Massachusetts Colony Court records report a dispute over a debt due to Cleric Joseph Avery's estate from "John Emery, carpenter.^[11]

He was made freeman on June 2, 1641,^[12] and recorded as one of the freeholders of the Town on December 7, 1642.^[13]

Also in 1642, due to "scarcity of tillage," planning to move the town to a new location was underway. John, along with three others, was appointed to make a valuation of existing property to determine each man's share in the division of new town lands.^[14] In 1645, house lots in the new section at Merrimack River were assigned and to be exchanged for land previously granted at Parker River.^[15]

A Town memorandum indicates that in 1647, John Emery was granted "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."^[16]

John had been given the right to build at the end of the Green where the Jackman-Willett House now stands. In 1675 he gave his homestead and one half the land granted him by the town to his son Jonathan and moved farther North.^[5] In 1729 Jonathan sold 17 ½ acres to William and Richard Doe except the 20 rods reserved for a burying place. This is still known as "Emery Field". For further information on the Emery Home, see "A History of the Emery Family and The Property." Society of St. John the Evangelist accessed 8 Jan 2021. Link

John Emery signed the Oath in 1678: "It hath pleased his Majesty to notify authorities of the colony of Massachusetts Bay...that the oath of Allegiance...be taken by all his subjects within this colony who are of years to take an oath." Anyone refusing to take the oath of was fined.^[17]

Civic Responsibilities

Petit and Grand Jury member on many occasions, Constable 1655, Clerk of the Market, 1656, militia member.^[5]

Legal Matters

In his forty-plus years as a freeman, John was before the Court on scores of occasions and just a few notable examples are presented here.

Henry Travers' Wife

At the Quarterly Court held at Ipswich in September of 1646, John was censured for his behavior. "John Emery, for his miscarriage with the wife of Henry Traverse, 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". In January of 1647/8 his bond was discharged for "good behavior."^[18]

Military Company

For several years, leadership of the military company at Newbury was in controversy. One of its members, Robert Pike, spoke out against a Court Order declaring "that it to be unlawful for any person to preach in any town in the colony without the consent of the elders of four neighboring churches or by the approval of the County Court." He took the position that it was an unjustifiable interference with the personal rights and privileges of freemen."^[19]

In September of 1654, John was one of the men who petitioned the General Court in support of their "loving friend Lt. Robert Pike." The Court took offense to the perceived disrespect and ordered that each signer explain themselves to a Commission created to address the situation.^[20] John Emery declared that the Commission had no right to demand such information.^[21]

On 19 Oct. 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.” ^[22]

For further information see: The Essex Antiquarian, Vol 4. Aug 1900 Link.

Dr. Greenland

It appears that John Emery must have operating an inn or boardinghouse, because one of his guests, a Dr. Greenwood, was charged with "soliciting Mary, wife of John Roffe, to adultery."^[23] Accusations were made that Mary Rolfe was complicit, and a parade of witnesses were brought before the Court in March of 1663. Mary reported that John Emery did not live up to his promise to protect her while her husband John was away. He promised to keep closer watch on Greenland, to lock up the hard drink, and to see that the Doctor stayed home, but he felt matters were best kept quiet for the moment.^[24] 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 £30.^[25] Upon John Rolfe's return, many of the involved parties sued and countersued for slander, defamation, etc.^[26]

Entertaining Quakers

There were additional situations where operating the inn got John Emery into legal trouble. He was fined at the April Quarterly Court in 1663 for "entertaining a stranger." and referred to the next Court for "entertaining Quakers."^[27] He was accused before the Church at Newbury that "after the Quakers had their meeting at John Emry's house, the latter bade them welcome. Further ... that John Emry had entertained Quakers both for board and table. At Court, John Emery and his wife acknowledged it, saying that they would not put them from their house, and used argument for the lawfulness of it." Joseph Noyes, deposed that as he was going to Goodman Emeries, sr., he overtook two women Quakers, and supposing that they would call at said Emmery's house, he cautioned him not to entertain them. While he was talking, they went into the house and stayed until he went away. Said Emmery had also entertained two men Quakers "very kindely to bed and table, & John Emmerie shook y"" by y* hand, and bid y" welcome." Sworn, 24:4:1663, before Simon Bradstreete."

John was found guilty and fined £4 and costs of court. In May of that year, John petitioned the General Court, asking that his fine be remitted. His petition was signed by the selectmen of Newbury along with fifty citizens, but the General Court refused to remit the fine.^[28]

Church Controversy

The arrival of an assistant minister in Newbury started a protracted rift among its members. In controversy was governance of the Church, with Rev. Parker and his adherants supporting a traditional system of the ministers and his elders. A group, including John and his son, led by Edward Woodman felt that ecclesiastical matters were the responsibility of the "whole church."^[29] After years of formal complaints, commissions, hearings, etc. a General Court found against the Woodman group, "for the defence of which high irregular practices unheard of in this countrey, exceedingly scandalous & reproachful to the way of the churches heere established destructive to the peace & order of the gospel, threatning the ruine & dissolution of all order They haue alledged nothing but that they were the major part of the chh, not charging much loss prouing any offence giuen by their Reverend Pastor m r Parker, who for anything that doth yet appeare is altogether innocent, though so exceedinglv scandalized reproached and wronged by m r wood- man & his parties All which clearly & undeniably appearing by the papers, pleas, and euidences that are on file," Members of the Woodman group, including the Emerys, were fined.^[30] For further details, see Currier's The History of Newbury Link

The Websters

Many of the legal records pertain to the children of John's wife Mary and her late husband's estate:

• 1651 Oct 14: 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 wifes 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 childrens twenty nobles apiece eight pounds apiece & pay the daughters their portions at eighteen years, & the sons at twenty-one years old”.^[31]
• 1652 Oct 7: "Whereas the General Court gave liberty to John Emery… to sell such lands as was security for the children of John Webster for their Severall portions… therefore wittnesseth that Jno Emery and Mary his wife of Newbury… Carpenter for… thirty five pounds… do… sell unto Thomas Boreman of Ipswich… all… theire land bought of John Andrewes”.. ^[32]
• 1662 Mar 25: “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.
• 1663 Nov: "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. ^[33]
• 1669 Mar 30: “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.”^[34]

Death and Estate

John Emery died at Newbury on November 3, 1683.^[35] His will was dated May 11, 1680, Newbury, Essex County, Massachusetts.^[36] After certain bequests were made, the estate was to be divided between his six children. It still wasn’t settled by the time John Jr. died and a new administrator needed to be found. Jonathan was appointed on June 8, 1676 but refused and John Sr’s grandson, John was made the administrator.^[37]

Sources

1. ↑ ^{1.0 1.1} "England, Hampshire Parish Registers, 1538-1980," database, FamilySearch: 26 October 2020), John Emery, 29 Mar 1599; citing Christening, Hampshire, England, Lancashire Record Office and Hampshire Record Office, England; FHL microfilm. [1]
2. ↑ ^{2.0 2.1} "Emery Records from the Parish Registers of Romsey, England." New England Historical and Genealogical Register, Volume 89. Boston, MA: Oct 1935. (Online database: AmericanAncestors.org, New England Historic Genealogical Society, 2001-2018.) By Subscription $. Page 376.
3. ↑ Romsey Parish register https://www.ancestry.com/discoveryui-content/view/923293:62421.
4. ↑ Anderson, Robert Charles. "Focus on Clerical Companies. Great Migration Newsletter, Vol. 24. New England Historic Genealogical Society, Jan-Mar 2015. (Online Database: AmericanAncestors.org, New England Historic Genealogical Society, 2018.) By Subscription $. Page 5.
5. ↑ ^{5.0 5.1 5.2 5.3 5.4 5.5} Anderson, Robert Charles. The Great Migration Begins, Immigrants to New England 1620-1633, Volumes I-III, 1995. Boston, MA: New England Historic Genealogical Society. (Online database: AmericanAncestors.org, New England Historic Genealogical Society, 2010) By Subscription $. Page 446-452.
6. ↑ Nicholson, Frederick J. "Alice Grant(h)am, Probable Wife of John Emery of Newbury Massachusetts." The American Genealogist, Volume 65. New Haven, CT: 1990. (Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2009 - .) By Subscription $. Page 211.
7. ↑ Original data:Wiltshire Church of England Parish Registers, Wiltshire and Swindon History Centre, Chippenham, Wiltshire, England. Ancestry.com. Wiltshire, England, Church of England Baptisms, Marriages and Burials, 1538-1812 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2017. By Subscription $. Link.
8. ↑ Wiltshire and Swindon History Centre; Chippenham, Wiltshire, England; Reference Number: 830/1 via ancestry.com Meehan-411
9. ↑ Torrey, Clarence Almon. "John² Emery's Wife." The American Genealogist, Volume 17. New Haven, CT: 1940. (Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2009 - .) By Subscription $. Page 96., Free Ancestry image
10. ↑ Currier, John J. "Ould Newbury: Historical and Biographical Sketches." Boston, MA: Damrell and Upham, 1896. Page 4.
11. ↑ Shurtleff, Nathaniel B. Records of the Governor and Company of the Massachusetts Bay in New England, Vol. 1 1628-1641. Massachusetts State Legislature, 1853. Page 154.
12. ↑ Shurtleff Vol 1, 1853. Page 378.
13. ↑ Currier, John J. History of Newbury, Massachusetts 1635-1902. Boston, MA: Damrell and Upham, 1902. Page 84.
14. ↑ Currier, 1896. Page 91.
15. ↑ Currier, 1902. Page 88.
16. ↑ Currier, 1896. Page 24.
17. ↑ Currier, 1902.Page 179.
18. ↑ Records and Files of the Quarterly Courts of Essex County Massachusetts, Volume 1 1636-1641. Salem, MA. Essex Institute, 1911. Page 110-111.
19. ↑ Currier, 1902. Page 162.
20. ↑ Shurtleff, Nathaniel B. Records of the Governor and Company of the Massachusetts Bay in New England, Vol. IV1650-1660. Boston, MA: Massachusetts State Legislature, 1854. Page 215.
21. ↑ Essex Quarterly Court Vol 1. Pages 367-8.
22. ↑ Shurtleff, Nathaniel B. Records of the Governor and Company of the Massachusetts Bay in New England, Vol. IV 1650-1660 Part 1. Boston, MA: Massachusetts State Legislature, 1854. Page 362.
23. ↑ Records and Files of the Quarterly Courts of Essex County Massachusetts Volume III 1662-1667. Salem, MA. Essex Institute, 1913. Page 47.
24. ↑ Essex Vol III, 1913. Pages 65-66 and 89-90
25. ↑ Good Wives: Image and Reality in the Lives of Women in Northern New England 1650-1750- Laurel Thatcher Ulrich, Vintage Books, NY, 1991- pp. 89-92
26. ↑ Essex Vol III, 1913. Page 75.
27. ↑ Essex Vol III, 1913. Page 66.
28. ↑ Essex Vol III, 1913. Page 67-8.
29. ↑ Essex Vol IV, 1914. Page 364.
30. ↑ Essex Vol IV, 1914. Page 366.
31. ↑ Shurtleff, Nathaniel B. Records of the Governor and Company of the Massachusetts Bay in New England, Vol. III 1644-1657. Massachusetts State Legislature, 1854. Page 254.
32. ↑ Ipswich Deeds- Vol. I, p. 114
33. ↑ Records and Files of the Quarterly Courts of Essex County Massachusetts Volume III 1662-1667. Salem, MA. Essex Institute, 1913. Page 15.
34. ↑ Essex Vol IV, 1914. Page 121.
35. ↑ "Massachusetts, Town Clerk, Vital and Town Records, 1626-2001," database with images, FamilySearch (https://familysearch.org/ark:/61903/1:1:QG1V-1YLB : 29 November 2018), John Emery, 3 Nov 1683; citing Death, Newbury, Essex, Massachusetts, United States, Massachusetts Secretary of the Commonwealth, Boston; FHL microfilm 007009724.
36. ↑ Essex County, MA: Probate File Papers, 1638-1881, 8000-8999. Online database. AmericanAncestors.org. New England Historic Genealogical Society, 2014. (From records supplied by the Massachusetts Supreme Judicial Court Archives.) By Subscription $. Page 8977:8
37. ↑ Davis, Walter Goodwin. The Ancestry of Phoebe Tilton. Portland, ME: The Anthoensen Press, 1947. Page 188.

See Also:

• Genealogical and family history of the state of New Hampshire:..Vol 3, p 1500.
• English Origins of New England Families, Second Series, Vol. I, page 757.
• The Planters of the Commonwealth: A Study of the Emigrants and Emigration in Colonial times 1620-1640 by Charles Edward Banks, Genealogical Publishing Company, Inc, Copyright 1930, 2006.
• The Pioneers of Massachusetts (1620-1650)
• Pillsbury Genealogy - Mary Lovering Holman, Ancestry of Charles Stinson Pillsbury and John Sargent Pillsbury: compiled for Helen Pendleton (Winston) Pillsbury, 1938.
• Emery, Sarah Smith. Reminiscences of a Nonagenarian. Newburyport, MA: Self-Published, 1879. Link.
• Emery : Four generations of the descendants of John Emery, Sen , of Newbury, Mass , and Anthony Emery. North America, Family Histories, 1500-2000 for John Emery Page 2 see #2 John Emery and Mary Webster with children. That book is available without a subscription in the InternetArchive at https://archive.org/details/emeryfourgenerat00emer