Saturday, September 24, 2016

Anthony Emery

Anthony Emery was born about 1601 in Romsey, Hants, England and died between March 09, 1679/80 and May 10, 1700 in Portsmouth, Rhode Island.  He married Frances about 1631 in England.

Independently minded

Anthony, his brother John and their families sailed on the ship James in 1635, listing their occupations as carpenters.  While John settled into life in Newbury, Massachusetts, Anthony removed to Dover, New
Hampshire in 1640.  The patterns of Anthony's behavior throughout his life seem to prove that he was a man who was definitely independently minded.
This behavior is seen in Newbury as early as December of 1638 when the Massachusetts Bay General Court fined him for “a pound breach.” two years before Anthony set up business as an innkeeper in Dover.  By March, 1643/4, Anthony Emery had lost his house and all his goods in a fire.  He petitioned the court to allow “Mr. Smyth” to run the business for him until he got his house back in order.  Three years later, on August 26, 1646, he was fined for selling drink at twice the going rate.  The following year, on September 7, 1647, the court forbade him to sell wine, ale or beer and if he did, he would be fined 20 shillings a week.  

By 1649, he and his family were in Kittery and their troubles with the courts did not seem to stop.  In October of that year, George Web accused Frances Emery, Anthony's wife, of being a witch.  They took him to court for slander and defamation.  Web was found guilty and forced to make a public apology to
Frances Emery.  The very next year, in 1650, Anthony Emery was in court again for selling drink against court orders.  He must have presented himself in a better light 
because at the same court on the same date, the order was given for Anthony Emery to keep a house of entertainment as well as set up the operation of a ferry and to keep room and board for strangers.  By March, 1651/2 he was presented at court once again for being so overwrought with drink that he could not tell the truth.

Large landowner

Throughout this time frame, Anthony had acquired a large amount of land.  In 1648, he sold land in Dover to Thomas Layton (Leighton?) and removed to Kittery, in an area called “Cold Harbor”.  This was an area that is north of what is now Eliot, north of Sturgeon Creek, across the river from Dover Neck.  Land records show that on November 15, 1648, he bought a house, field and three marshes near Sturgeon Creek from John White.
In March 1650/1, he sold two houses and land which was approximately three and a half acres in Dover to William Pomfrett of Dover.  In 1650, he was granted 200 acres and in the years from 1652 to 1671 he was granted an additional 410 acres of land.  York land records indicate that in July of the same year, he bought another parcel of land consisting of a little marsh and a house and uplands with 1500 foot of boards for the payment of two steers recorded as named Dragon and Benbow.
On May 18, 1653, when Kittery was submitted to the Massachusetts Bay Colony, Anthony Emery signed with his mark to become a Freeman on that date, bringing him under the jurisdiction of the Massachusetts Bay government once again.  By November 12, 1659, the Massachusetts Bay Colony had several persons who entertained Quakers brought into court, Anthony Emery being one of them.  He was ordered to pay a fine for lying in court and lost his business license.

Civic minded

With all the problems he had keeping his business running, it is interesting that he was active in the town as well.  He was a grand jury member for the York Court on October 1649, lower (petit) court several times during 1650 and 1651 and once in 1655.  He was on the Province of York Governor's Council in 1652, a commissioner to end small causes at Kittery in 1655 and Kittery constable in 1658.

Removed to Rhode Island

Something happened that caused a reversal of activity.  Anthony Emery sells his house and his land to his son James, May 12, 1660.  This land consists of one hundred acres of upland on the south side of Sturgeon Creek, a marsh and meadow and other upland near Mast Creek.  In October 1663, Anthony deeds James marshland near York Pond and twenty acres adjoining it.  By September of 1673, while a resident of Portsmouth, Rhode Island, he released the mortgage on the property at Cold Harbor to son James.
In September 1660, he was one of three men to take up residence in Portsmouth, Rhode Island.  Given his problems with the courts and questionable behavior towards authority, plus the fact that his wife sued him for one third of the value of the lands previously sold, makes one wonder if he was removed to Rhode Island by the courts or if he chose to leave the Massachusetts Bay Colony on his own.  It is questionable that his wife accompanied him on the move.

Anthony Emery served Portsmouth in community affairs as well.  He was Deputy for Portsmouth to the Rhode Island General Assembly in 1672, served on the grand jury in 1666 and again in 1669.  He also served on the coroner's jury in 1661, was constable in 1666 and on the committee for the town highway in 1675.  Perhaps with his service, the court was lenient with him when he was indicted for digging a well in which a man had drowned.  He was acquitted when he explained to the court that he had filled in the well.

His Will
When he wrote his will March 9, 1680/1, he states his occupation is a cordwainer. In his will he gives to his daughter, Rebecca all his lands in Portsmouth, RI as well as all his personal goods.  His son James wills all Anthony's original lands to Rebecca upon his death as well.  It is not known the exact date of Anthony’s death, but it is assumed that it was between 1680 and 1700.
Anthony and Francis had two children.  James was born in Romsey, baptized in 1631, Rebecca was born about 1633.  Many genealogists have given Anthony a 3rd child.  But when he was a resident of Dover NH, the court order Anthony to take custody of  Benjamin Rogers, one of George Rogers orphaned children. The last recorded mention of Frances his wife was in 1660.  She is not mentioned in his will and no further records were found for her.  It is possible that she divorced Anthony and perhaps remarried.

My lines through Anthony Emery are

Line 1
James Emery m Elizabeth Nock
Job Emery m Charity Nason
Sarah Emery m Samuel Brackett, Jr
Samuel Brackett m Mehitable Ricker
Elizabeth (Brackett) Crosby m Daniel Emery
Daniel C. Emery m Hannah Goodwin
Rufus M. Emery m Julia Ann Fernald
George Philip Emery m Emma Trafton
Forrest Bartlett Emery m Ruth Whitman

Line 2
James Emery m Elizabeth Nock
Daniel Emery m Margaret Gowen
Noah Emery m Elizabeth Chick
Daniel Emery x Elizabeth Beetle (not married)
Daniel C. Emery m Hannah Goodwin
Rufus M. Emery m Julia Ann Fernald
George Philip Emery m Emma Trafton
Forrest Bartlett Emery m Ruth Whitman

Information gleaned from: The Great Migration Begins:Immigrants to New England 1620-33. Generalogical records for John and Anthony Emery
Old Kittery and her families by Stackpole, vol 1 page 97 for reference of Anthony Emery's 3rd child
Pictures: Google images

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