Descendants of Anthony Emery Chapter 2
9 JAMES EMERY b. 18 Sep. 1631 England m. ELIZABETH [-?-] [one source has m. 1655 Kittery, York, Maine ELIZABETH KNOCK] b. 1636 Kittery, York, Maine she d. after 1687 Kittery, York, Maine ; m 2nd 28 Dec. 1695  Kittery, York, Maine [Dedham, Norfolk, Massachusetts]. [Kittery, York, Maine.] ELIZABETH (NEWCOMB) PIDGE, widow and 2nd wife of John Pidge of Dedham, Norfolk, Massachusetts.
Administration was granted in 1691 to Elizabeth, widow of John Pidge, who died in testate. Inventory of the estate was filed 19 Jun. 1691 The account of Elizabeth Emery late relic or widow and administrator of the estate of John Pidge deceased in Denham, Norfolk, Massachusetts. She was b. 26 Aug. 1658 d/o Francis and Rachel Newcomb. James came to America as a very young child with his parents. By the time he was 16 or 17 he was apparently living in the household of Richard Walderne in Dover, Strafford, New Hampshire, perhaps as a servant or apprentice.
A deposition made when he was an old man recalled his relationship with Walderne, who we may safely assume, made quite an impression on all who came in contact with him. As follows:
James Emery, aged about 73 years who lived formerly in the Towne of Dover in the Province of New Hampshire, but now of Dedham in the Province of Mathathusetts Bay in New England Testifyeth & sayeth the he did formerly live north the late Major Waldron at Cochecha in aforesaid town of Dover, and that he did certainly know the said Waldron to have possession of the land on boath sides of the River at Cochecha, where some years after the said Waldron built a saw mill & a grist mill on one side of the river, and a saw mill on the other side of the River and that the 2d Waldron had the possession of the aforesaid Lands in his own right for sixty years past and upwards, and built and lived there upon.He probably went with his parents to Kittery around 1649. In 1652, when he was twenty-one, and possibly already married, the town granted him fifty acres at the "fouling marsh" north of Birch Brook, which empties into the Newichawannock River near South Berwick, York, Me. The next year he got six acres more on Eliot Neck, and over the following two decades he acquired a total of 410 acres from grants, gifts and purchases from his father, and other purchases.
A 1679 survey totals his holdings at that time at 315 acres. The location of his home probably changed through the years. On 24 April 1654 he bought of John Lamb a twenty-acre tract northeast of Salmon Falls Brook in Berwick, which included a house. He may have lived there on occasion before selling it to Peter Grant on 21 Oct. 1659. There is good recorded evidence that he lived on the six acres at Eliot Neck, and he probably also occupied the "fowling marsh" grant for some years. It also seems likely that he occupied his father's homestead at Cold Harbor after buying it in 1660. He also had grants of land in Kittery 1656, 1669 and 1691.
While his father was running afoul of the authorities in the late 1650's, James became a successful farmer and prominent citizen in Kittery. He was definitely married by 21 October 1659, when Elizabeth's name appears in a deed. Civic activities can be dated from 1652, when he signed the town's statement of submission to the Massachusetts Bay Colony, as well as other related statements in ensuing years. He frequently served on juried or as a witness against fellow citizens accused of not going to church or, like Thomas Crawley on 1 July 1661, presented "for a comman liar". In 1669 four of his fellow citizens had to pay him damages for cutting and carrying away thatch grass from the lower end of his house lot, the flats constituting the "fowling marsh". Similar controversy erupted in 1685. Although he was not immune to such charges himself, he showed rather remarkable ability to avoid the defendants chair.
The list of public offices he occupied is fairly impressive. He was lot layer for the town in 1665; grand juror and constable in 1670; assessor in 1680 and 1684-5; and a selectman in 1674, 1676-7, 1684-6, 1692-4 and 1695. Getting to Boston for General Court sessions represented a major problem, according to an unverified tradition of uncertain origin. Supposedly he weighed over 350 pounds, and to transport him a carriage had to be fashioned from an oxcart with a stout chair attached, drawn by a yoke of steer.
Mean while, life through the 1660's-80's was fairly quite. Around 1673, James mortgaged the Cold Harbor land to his father, apparently as collateral for a loan. Anthony discharged the mortgage on 24 September 1673 in return for payment ofL- 35 sterling. Two days later Anthony granted his nephew John Emery Jr. power of attorney to collect "all and every such debts & sums of mony or other thing or things as are now due unto me or which at any day or day to come shall in any way be due.." Daniel Denison notarized the document a bit indirectly, thus: "I not being at home a person that called himself Anthony Emery came to my house as my wife informed me and left this writing which he said he came to acknowledge to be his act and John Emery Sen. did upon oath attest the same to be his act and deed before me Oct. 2, 1673.
Kittery was beset from the 1670's-90's by the ravages of Indian Wars, starting with King Philip's War, but the Emery family seems to have escaped injury or serious loss of property. In the spring of 1690, hostilities known to history as King William's war devastated homes in the northern part of Berwick; the Emery family probably took refuge at Daniel Stone's garrison house on the next farm above theirs, but their neighborhood was left alone. James Emery was a member of the 1680 General Court which petitioned King Charles II to protect the Maine towns better in order to encourage the inhabitants to rebuild "their waste and desolate towns" He presented a petition to the General Court of 14 August 1695, stating that Kittery, York and Wells were in a deplorable condition "by resaon of the present wasting warr" and asking for a remission of taxes, requesting at the same time assistance in settling a minister in the upper section of Kittery "commonly called Newitchawannock" now Berwick, "that so they may not turn heathen but that the Poor may have the Gospel preached among them". The court voted a ten pounds allowance if a minister could be secured. In 1697 another abatement of taxes was requested by the selectmen, including Emery, but the Court decided that "the small proportion levied on them they ought to pay." In September 1697, Emery was asked to go to Boston by the northern parish -- later Berwick -- to plead their case to the governor and General Court and ask twenty pounds a year thereafter and ten for the preceding year to maintain a minister who was still lacking, permitting the district to have regular public worship. Another petition was sent on 20 May 1698, which finally resulted in a fifteen-pound grant. Berwick did not become a separate town until 1713; later it was reduced by setting of South Berwick in 1813 and North Berwick in 1831. The First Church of Berwick was organized on 4 June 1702 -- although a meeting house had been built many years earlier -- and the Emery's were apparently members.
Not unlike his father, James came into some conflict with the authorities in the 1690's, notably with Major Francis Hooke, a justice of the Court of Quarterly Sessions. The records of that court, held at York, on 3 July 1694, recorded that:
"James Emery Senr bound by recognisabce to this court is fined...twenty shillings for his abuse of Major Hooke and stopping the highway and to give ten pounds bond for the Good behavior till the next sessions for his abusive carriage before the court this Day and to stand comitted till payd."James' sons Daniel and Job were fined three shillings fourpence and twenty-five shillings plus five shillings fees, respectively, for aiding and abetting their father. James Warren, constable of Kittery, was to receive ten shillings from the collected fines as compensation for his efforts in the case. At the next session, on 2 October 1694, James failed to appear to answer his bond for good behavior, and the matter was held over to the next session. However, Major Hooke died the following January and nothing ever came of the case.
By now, James was starting to sell off his Kittery land at an increasing rate. The Cold Harbor tract, or part of it, was sold to Philip Benmore, who soon afterward sold it to John Morrell, Sr. In 1714 James gave Morrell's son Jon Jr. a quit claim deed to give clear title, and the land stayed in the Morrell family for more the two centuries. In 1674 James deeded his son James Jr. a hlf-acre house lot on the county road east of the river, part of James Sr.'s Berwick homestead where the son was already living. At the same time he deeded to his sons Daniel and Job and his son-in-law Sylvanus Knock. On 19 December 1687 he sold Richard Davis of Kittery ten acres of fifty-acre town grant of "about four years agoe". On 25 January 1696/7, he sold the bulk of the Berwick homestead, forty acres, to Philip Hubbard, second husband of his daughter-in-law Elizabeth (Goodwin) Emery, for L-120. The "halfe an Acres of land which I formerly gave to my Son James Emery where his house now stands Joyning to high way" was not included, nor was a burial ground four rods square. On 1 March 1696/7, he deeded to his sons James, Daniel and Job a sixty-acre plot for which they shared the L-35 cost. One acre was reserved for two years "and the timber upon that Acre to my disposing". He also reserved the right to reclaim the land in seven years should he return to Berwick, a right he did not exercise.
From the last statement it is obvious that James was about to move out of town, although he remained a landowner there and probably stayed closely in touch with the affairs of the place.
But in 1695, presumably while attending the General Court session in Boston , he had married Elizabeth Pidge, a widow some twenty-seven years his junior and the mother of six children. They returned to Berwick at that time, but some time between mid-1697 and early 1699 they moved to Denham, Norfolk, Massachusetts, where She was the administratrix of John Pidge's estate, and on 31 January 1699, acting for her in the case for the first time, James Emery presented a petition in behalf of the heirs of John Pidge asking for the restoration of seven acres of land purchased some years before. The matter was taken under advisement by the proprietors of the town: 10 May 1700 - "James Emery of Dedham in New England, the only surviving son of Anthony Emery late of Portsmouth, RI. and Providence Plantations deceased quit claims to his sister Rebecca Saddler alias Eaton Lands estates, Goods, and Chattels of said Anthony Emery late deceased."
Each year from 1699 to 1702 inclusive, Emery paid a school tax in Dedham, Norfolk, Ma. On 26 January 1704, the selectmen of Dedham voted that "Joseph Faierbank is desiered to give notis to James Emmory that the selectmen do disalow him keeping and entertaining the negro or malato child in this Town of Dedham which is bny him brought into twon," perhaps from Maine. Fairbanks promptly gave the notice, but Emery retained his servant or slave boy some monthsmore. On 10 November following, the selectmen ordered the boy out of town, and the order seems to have been more effective.
James and Elizabeth sold thirty-five acres of land at Stoney Brook on 6 May 1709. On 10 June of that year, Emery at last presented the court the division of the Pidge estate.
Elizabeth probably died within the next few years, and the aged James returned to Berwick. Numerous Maine deeds during this period involving James and Elizabeth Emery create considerable confusion because both James Jr. and his son James were then married 1758/60 Kittery, York, Me. to women named Elizabeth [-?-][-?-].
James. Who had lived many years in Kittery married a widow in Dedham and removed there.
10 May 1700 James Emery of Dedham, Mass. “only surviving son of Anthony Emery late of Portsmouth on Rhoad Island” quit claimed to his sister Rebecca Eaton, alias Sadler, all his rights to his father’s estate at Portsmouth.
However, probably the elder James' last deed was the one on 20 June 1707, when he was still living in Dedham and sold ten acres of the Cold Harbor land once owned by his father. His son Daniel was his attorney.
His last six or seven years were probably spent at the home of one or another of his children or grandchildren, and he had probably disposed of his property fully and felt no need to write a will. He died not long after 15 October 1717, having reached quite an advance age in spite of his alleged massive obesity. He was probably buried in the plot on his Berwick property mentioned in one of his deeds.
Rebecca apparently presumed herself to be an eligible widow by 1659. On 4 July of that year, she and THOMAS SADLER were presented at court. The following about the incident was found:
July 4, 1659 Upon suspition of some misbehavior bt Tho. Sader towards ye Court of Dover. This Court thinks meete to bind the sd Sadler to his good behavior until the next County Court for the performance wrof Thos. Sadler and Anthony Emery do joyntly and severally bind themselves in bond of Tenn puonds that ye sd Sadler shall make his personal appearance at the court aforesaid. Wee present Thomas Sadler and Rebecca Weymouth for rideing around together on the Sabbath day. Witness Abia Conley, Charles Frost.Rebecca's father paid ten pounds bond toward Sadler's good behavior and wound up forfeiting it when he himself left Maine the next year. On 7 July 1663 James Emery petitioned to the court to free his father from the bond and succeeded in recovering five pounds of it.
Thomas and Rebecca were married by July 1663, and had left Maine, leaving her son William Weymouth behind in care of his uncle James Emery. The published Calendar of Historical Manuscripts in the office of the Secretary of State in Albany, New York notes that 12 August 1667, Thomas Sadler of Flushing, Long Island and others presented themselves to the government and gave in their names in readiness to serve his majesty off all occasions. Their course over the next few years is not quite clear, but they were living on Staten Island, where Sadler deserted Rebecca and their three children about 1672
She took the children to Portsmouth, Rhode Island and moved in with her father, who probably used her services as a housekeeper.
As she is found embroiled in a dispute in Oct. 1675 with Peter Tollman, regarding a highway to be built on Tollman's land, must have aroused stronger emotions than the pure legalities of the matter would suggest. Tollman brought suit against Rebecca (Emery) Sadler for breach of the peace and threatening his family. The Portsmouth town records are dated 12 October 1675 and tells that Anthony Emery, Lot Strange and Francis Brayton were named attorney’s “to plead the town’s right for a highway which Peter Tallman is indicted for, and the have the power to choose an attorney at the town’s charge”. Anthony’s daughter Rebecca unquestionably played her part in the squabbling that ensued, because eight days later, October 20, Peter Tallman brought legal action against Rebecca Sadler wife of Thomas Sadler, for breach of the peace and threatening his family. Her mother must of died several years previous as she was living at her father’s with her young son Anthony Sadler. The Emery’s were never exactly quietest.
She petitioned in 1676 to recover land owned jointly by her and her husband on Staten Island and taken over by someone else after his desertion. There is no record that any satisfaction was ever obtained, however. The petition as found in the Archives of State Education department, Albany, NY. As follows: The Humble petition of Rebecca Sadler liveinge in the towne of Portsmouth on Rhode Island in his Majaties Collony of Rhode Isalnd and Providnece Plantations in New England most Humbly showeth:
The wherease your poore petioner the wife of Thomas Sadler (whoo formerly lived upon Staten Island) having been for several years in a widow-like Conditioon left by her said husband with three small children to maintaine, with only the labour of her owne hands not haveinge any Deleloof from her husband thereto and also your poore petioner for this four yeares past not heareinge nor haveinge any information wheter her said husband be liveinger or Dead.On March 1680, Anthony in lieu of a will, and his wife being dead, gave his daughter Rebecca Sadler, evidently a widow, a deed [recorded under father] to all his property in Portsmouth, retaining a life interest for himself, and providing that after the daughter’s death the housing and land should belong to “her sonn, my grandchild, Anthony Sadler” unless his mother should choose to put him in possession sooner.
In 1682 a court record for some William Weymouth alias Sadler was in jail for abusive talk about magistrates and ministers.
There was an early law suit over land that shows Robert Weymouth, James Emery and John Green as joint defenders. Three grants of administration were made on Robert Weymouth’s esatate two to Major Nicholas Shapleigh, and one to James Emery; the latter was one of the creditors. The first grant of administration to Shapliegh declared that “Robert Weymouth and some others of his company died “intestate” and Shapliegh was made administrator of all of them. This reads like a drowning accident, and no doubt Weymouth was a fishing master.
The son William Weymouth was brought up by his uncle James Emery and removed to Dover, New Hampshire, and the names of his elder children: Rebecca, William and Robert are to be found on the Friend’s records. He was known by the name of his step-father Sadler, even after reaching his majority.
Whatever the physical portions of Rebecca she seems to have been a remarkable woman. She had won the love of three men, and outlived her third husband. No doubt she influenced her father in his deed of gift and her third husband to favor her grandchildren in his will. Her son Anthony Sadler could not sell the Portsmouth property but she must have a hand in it.
She had rallied with great energy to the defense of her father in a dispute with Peter Tallman.
10 May 1700 James Emery of Dedham, Mass. “only surviving son of Anthony Emery late of Portsmouth on Rhoad Island” quit claimed to his sister Rebecca Eaton, alias Sadler, all his rights to his father’s estate at Portsmouth.
After several years of presumably attentive care to her aging father, she married DANIEL EATON, quite possibly after her father's death. They moved to Little Compton, Rhode Island, where he was a prosperous citizen and one of the town's innkeepers. He d. 11 Jul. 1704, leaving an estate which included one Negro woman slave. Among his heirs were children of his step-son Joseph Sadler, alias Emery. Thus it appears that Rebecca's children by Thomas Salder renounced their paternity and took the name of their mother's family, giving rise to a Rhode Island branch of the Emory family.
Daniel Eaton appears upon the scene 11th month 4th, 1683 being propounded as a freeman of Portsmouth. Subsequently he succumbedto the blandishments of the Widow Sadler. In 1685 he served on a coroner’s jury.
They moved to Little Compton, Rhode Island some time before 1690 as in the year Daniel Eaton was constable of the town., In the yellow and musty archives of the Supreme Court in Boston (Little Compton being until 1746 a part of Massachusetts) Constable Eaton deposed that as he was conveying one William Briggs to Nomquid for refusing to pay his tax, a band of men appeared and rescued the prisoner. In December 1692, Captain Gookin with a posse came from Boston to take Henry Head to jail for resisting tax payment. Head and his friends gathered at the house of Daniel Wilcox, armed with guns and clubs, the records not being clear as to the outcome. The men in Wilcox’s house agreed not to fire first. Among the list of Head’s defenders was Anthony Sadler, Constable Eaton’s step-son. Refusal to pay taxes was not necessarily discreditable, as some pioneers had conscientious grounds for deeming certain taxes unjust.
In 1697, Daniel Eaton was chosen for jury of trials at Little Compton, and subsequently was surveyor of highways. Court records at Taunton say that in October 1699, he complained of Captain William Southworth for hindering him the previous May in the performance of his duties, ad deposed that Southworth said the laws of the king were not worth a farthing. Captain Southworth was found guilty and ordered to remove road obstructions across the layout over his land.
Daniel Eaton from time to time bought and sold considerable land.
He was a prosperous citizen and one of the town's innkeepers. He d. probably 11 Jul. 1704 [between April 29 and August 21, the dates of execution and probate of his will], leaving an estate which included one Negro woman slave. Among his heirs were children of his step-son Joseph Sadler, alias Emery.
Rebecca Eaton no doubt urged her husband to do well by her won. The petition of 1676 shows that she had three Sadler children. One was apparently dead by 1704. He son Anthony Sadler had been amply cared for. He son Joseph Emery was in possession a a comfortable farm. She asked that provision be made for three of her favorite grandchildren and Daniel complied. He named as executrix his wife “who hath been a loving wife to me” and gave her for life “if she remain a widow” his entire estate, and at her death the property was to be divided equally between Patience, Rebecaa and Daniel Emery, and ‘my couzen and kinswoman, my brother’s daughter by marriage” Mary Callender. She was his niece, but of old the word cousin meant niece or nephew. If Rebecca married, all property was to be sold and she allowed her third, with the remainder divided as above. The inventory shows a house, and sixty acres of land, also a Negro slave, a woman. On May 25, 1704 Patience Emery married Richard Grinnell. The next fall Mary Callender and her husband sold Mr. Grinnell their interest in the Eaton estate. In 1719, Daniel Emery sold his part also to Mr. Grinnell referring to it as one-third of the estate, and as he originally and a fourth interest, it is evident that his sister Rebecca had died [1712 being the date of her death].
On page 30 of the original first volume of vital records of Little Compton is the entry: “Daniel Amory the son of Joseph was born the 24th day of August, 1695
Joseph Amory was Rebecca Eaton’s sone. He had discarded his father’s name Sadler, and taken that of his mother though he had altered the spelling. It is evident from Richard Grinnell’s will that his wife Patience was granddaughter of Rebecca Eaton. Joseph Emery’s birth date was about 1660 died 31 January 1711/12
Rebeckah Amory deceased the 8th day of April, 1712.
Rebaco Eaton departed this life the 18th day of July, 1719.
John Amory the son of Daniel Amory born the 25th day of September, 1722 (Little Compton records).
Thus it appears that Rebecca's children by Thomas Salder renounced their paternity and took the name of their mother's family, giving rise to a Rhode Island branch of the Emory family.
In 1710, Anthony Sadler, residing in East Greenwich, Rhode, Island sold some of his Portsmouth land, and although his mother was not named as grantor, she insisted on signing the deed. Richard and Patience Grinnell were witnesses. In 1714, Rebecca Easton of Little Compton, widow and Anthony Sadler of East Greenwich, cordwainer, sold land in Portsmouth to James Tallman, “practitioner in physic and coroner”. These transcriptions must have disposed of all of Anthony Emery’s land. A deed at E. Greenwich shows Mr. Sadler had a wife, Mary.
The Following is an article written on Rebecca by William M. Emery who was Genealogical Editor of the Boston Transcript:
The Resolute Daughter of Old Anthony Emery
Emerging from the Colonial archives comes the story of a hitherto forgotten Rhode island heroine of three centuries ago - - Rebecca, daughter of Anthony Emery. She won the love of three men, had some more or less exciting experiences, and from time to time tasted the bitterness of defeat and enjoyed the fruits of victory.