USA > Massachusetts > Essex County > Newbury > Reminiscences of a nonagenarian > Part 18
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born Dec. 8, 1726, married William Smith, May 20, 1747.
David, second son of John and Han- nah Emery, obtained a grant of land in the " West Precinct" of Newbury, on the main road in the upper parish, and became one of the wealthiest citi- zens in that part of the town. His children, all by his first wife, Abigail Chase, were : David, born Jan. 23, 1734, died Feb. 14, 1734; John, born Jan. 16, 1735, married Edna Noyes, April 7, 1756; Abigail, born June 2, 1737, married Ephraim Boynton, Feb. 19, 1756; Hannah, born Feb., 1739, married Daniel Hills, May 15, 1757 ; Martha, born March 1, 1741, married Nathaniel Bailey, August 6, 1761 ; Sarah, born June 24, 1744, married Enoch Noyes, Oct. 30, 1765 ; Moses, born Jan. 13, 1748, married Sarah Hale, Sept. 27, 1770 - children, Abi- gail, John, Jacob, and Moses ; Thom- as, born 1750, married Ruth March, Oct. 10, 1770, and died Nov. 21, 1770. His widow married John White, 3rd, May 7, 1772.
David Emery and his second wife died from dysentery, a short time from each other. Their gravestones read :
MARY, WIFE OF DAVID EMERY, DIED SEPT. 16, 1778, AGED 66. .
DAVID EMERY, DIED OCT. 29th; 1778, AGED 69 YEARS.
John, son of David and Abigail (Chase) Emery, married Edna, daugh- ter of Capt. Ephraim Noyes, for his first wife. Edna (Noyes) Emery, a great-granddaughter of Mr. Nicholas Noyes, and great-grandneice of Rev. James Noyes, also descended from a noteworthy family on the maternal side,
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OF A NONAGENARIAN.
her mother being Abigail, the second child of Jonas and Anna (Bailey) Platts, and granddaughter of Dea. Jos- eph Bailey, of Bradford.
Dea. Joseph Bailey was the only child of Richard Bailey, who came from Yorkshire, England, to America, when he was fifteen years old, with Richard Dummer, in the ship Bevis, 150 tons, Robert Batten, master, in April, 1638. At that early age, young Bailey was noted for piety ; and, dur- ing a violent storm on the voyage, he was called upon by the ship's company to pray for their safety. He married Edna Holstead, and purchased an es- tate in Rowley. He was one of a com- pany to set up the first cloth mill in America, which was in Rowley, on the site of the present "Dummer's (Glen) Mills." Richard Bailey died in 1647 or 1648. In 1619, Edna, the widow of Richard Bailey, married Ezekiel Northend, of Rowley, who probably took possession of the homestead, as it has been in. the possession of the Northend family from that time.
When Dea. Joseph Bailey obtained his lot, and built his house, the home- stead was included within the ancient precincts of Rowley, that part border- ing the river bearing the designation of " Merrimac Land." This was soon in- corporated as the town of Bradford, and in 1850 the east part of Bradford, in which his farm was situated, was set off as a separate town under the name of Groveland. Deacon Bailey was one of the leading men of Bradford, in civil, military and ecclesiastical affairs. He was one of the selectmen twenty-three years between 1675 and 1710, and one of the deacons from the formation of the church until his death, Oct. 11, 1712.
The Bailey arms are :
OR, ON A FESS BETWEEN THREE MARTLETS GU, A BEZANT. CREST-A DEMI-LADY, HOLDING IN HER DEXTER HAND A TOWER, AND IN SINISTER A BRANCH OF LAUREL.
The children of John and Edna (Noyes) Emery were : Ephraim, born Feb. 28, 1758 ; David, born April 20, 1763; Hannah, who died in childhood. Mrs. Emery deceased soon after, and Mr. Emery married Betty Smith, of Crane-neck hill. He lived but a short time after this union, and his widow married Col. Spofford, of New Row- ley.
Ephraim, oldest son of John and Edna Emery, married Mary, daughter of Peter Russell, of Bradford. hil- dren : Mary, Thomas, Sohn and Han- nah. .
David Emery, the second son, born April 20, 1763, married Betty, only daughter of John and Ruth (Hale) Little. He died Oct. 21, 1785. Their son, David, was born Dec. 22, 1785. The third year of her widowhood, Betty (Little) Emery married Moses Colman, of Byfield.
Stephen, third son of John, jr., and Mary (Webster) Emery, born in 1666, married Ruth Jaques in 1692, and set- tled on a farm, on the " river road," in what is now the first parish in West
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Newbury. Children : Anna, Sarah, Ruth, Mary, Judith, Abigail, Elizabeth, Stephen, Hannah, Miriam, and Lydia.
Lydia, born in 1717, married her kinsman, Moses Emery. Their chil- dren were : Lydia, Mary, John, Moses, Josiah, Nathan, Sarah, Anna, Amos, and Michael.
Amos, born in 1757, married Anna Moody in 1784. Children : Hannah, Anna, Ebenezer, Lydia, Miriam, Mo- ses, Amos and Jacob Moody.
A part of the farm is still the resi- dence of the widow and daughters of the late Jacob Moody Emery. A clock that had ticked in its corner at the homestead, for nearly one hundred and fifty years, has recently been taken to Portland, Maine, by a grandson of Amos Emery, Amos Emery Howell, where it has been rejunevated, looking even bet- etter than in its palmiest days, over a century ago.
Michael Emery was one of the first carriage builders of Amesbury. John Emery, senior, must have been a man of consideration and education, as we find his name bearing honorable men- tion, in the earliest annals of the set- tlement. February 1st, 1638, the town ordered that "John Emery shall make a sufficient pound for the use of the towne, two rods and a halfe square, by the last of the present month if he cann." On the following 17th of May, An- thony Emery was fined "twenty shil- lings for a pound breach, and to give thirteen shillings and fourpence to Thom- as Coleman for his charges." Dec. 18th, 1645, a committee of seven men was ap- pointed " at a publique meeting for. to procure a water mill for to be built and set up in said towne (of Newbury), to grind theyr corne." And they agreed to give John Emery and Samuel Scul-
lard £20 in merchantable pay, to give them ten acres of upland, and six acres of meadow, and that the said mill is to " be free from all rates for the first sev- en years, and to be a freehold to them and their heirs forever, they on their part agreeing to sett up said mill be- tween Nicholas Holt's point and Ed- ward Woodman's bridge, ready for the town's use, to grind the town's grists, at or before the twenty-ninth of Sept. 1646."
This was the second grist mill estab- lished in Newbury - the first was erect- ed at " the falls," on the river Parker, by Messrs Dummer & Spencer, in ac- cordance with the grant from the Gen- eral Court, and an agreement with the town in 1635.
May 18th, 1647, the town, for three pounds, granted to John Emery " that parcell of land called the greene, about three akers, being more or lesse, bound- ed by the half-acre lots on the west, the hyeway on the south-east, and his own land on the north; being in a tri- angle, only the twenty rods is reserved in said land for a burying place as it is bounded with stakes with a way to it from the east."
This burying place is situated east of Oldtown hill, and is still called the "Emery lot." At a short distance may be seen the site of the first resi- dence of John Emery with the well near by.
At the court in Salem, May 5th. 1663, John Emery was fined four pounds for entertaining Quakers. His offence con- sisted in granting food and lodging to two men and two women, who were travelling together farther east.
In George Bishop's "New England Judged," will be found this narration : " Edward and George Preston, and
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OF A NONAGENARIAN.
Mary Tompkins and Alice Ambrose, alias Gary, passed eastward to visit the seed of God in those parts, and in their way through Newbury, they went into the house of one John Emery, (a friend- ly man), who with his wife seemed glad to receive them, at whose house they found freedom to stay all night, and when the next morning came the priest, Thomas Parker, and many of his followers came to the man's house, and much reasoning and dispute there was about truth ; but the priest's and many of the people's ears were shut against the truth. And in the time of their discourse, the wind striving in Mary Tompkin's stomach, making some noise, she having received no sustenance for the space of near forty-eight hours, one Joseph Pike, after they were depart- ed the town said 'she had a devil in her.' After a while the priest perceiving that the battle might be too hard for him, rose up, and took the man of the house and his wife out of doors with him, and began to deal with them for enter- taining such dangerous people. They replied they were required to entertain strangers. The priest said it was dan- gerous entertaining such as had plague sores upon them. Which the women hearing, began to take the priest to do for saying such false, wicked and ma- licious words, but he hasted away. Ma- ry 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, but he would not."
It appears by the following, that John Emery was not completely over-awed by the good but mistaken Parker :
"The testimony of Henry Jaques aged about 44 years, saith, that I heard Jo- seph Noyes say, that after that time that the Quakers had their meeting at John Emery's, that he saw two Qua- kers at John Emery's house, and John Emery bade them welcome, and further saith that I heard Joseph Noyes say, that John Emery had entertained Quakers, both to bed and table, after the time they had their meeting at John
Emery's house, and this he testified be- fore the church at Newbury, and farth- er I do testify that I heard John Em- ery and his wife say that he had enter- tained Quakers and that he would not put them from his house, and used ar- gument for the lawfulness of it.
HENRY JAQUES.
Sworn in Court, May 7, 1663,
Before Robert Lord, Clerk."
[This Henry Jaques was a constable of Newbury.]
"The Deposition of Joseph Noyes, aged 26 years :
This Deponent saith yt as he was agoing to Goodman Emerie's sen., he overtook two women Quakers, and sup- posing they would call at ye house of ye forementioned Emmery, he desired him not to entertain ym. But whilst he was in discourse, they came into ye house, and staid until he went away. Goodman Emmery was in ye chamber, (as he knows, because he ym upon an occasion called out to his wife) his wife being in ye same room with ye Quakers, at his house wn Mr. Parker was yr. Farther he had understood by those yt wr eye-witnesses, yt two men Quakers wr yr entertained very kindly to bed and table, & John Emmerie shook ym by ye hand and bid ym wel- come. Ye substance of ys he or his wife in his presence told him and owned it, (according to his best remem- brance) more yn once. This also ws severl days after ye meeting above said.
Taken upon Oath 24, 4th, 67,
before me, Simon Bradstreet."
At this period one can scarcely de- pict the commotion such an incident must have caused in the secluded and quiet settlement of Quaseacunquen, on the banks of the winding Parker, or appreciate the courage evinced by John Emery and his wife in thus rising above popular prejudice, and fanatical bigotry and intolerance.
The Quaker guests, Mary Tompkins and Alice Ambrose, came from Eng-
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land to Boston, with George Preston in 1662. These women in company with a third, Anna Colman, on their visit to the "seed of God" in New Hampshire, aroused the indignation of the authori- ties, and Capt. Richard Waldron of Dover was impowered to act in the ex- ecution of the laws against "the wick- ed errors of Quakers," upon which he issued the following proclamation :
"To the Constables of Dover, Hamp- ton, Salisbury, Newbury, Rowley, Ips- wich, Windham, Lynn, Boston, Rox- bury, Dedham, and until these vaga- bond Quakers are out of our jurisdic- tion."
"You and every one of you are re- quired in the King's Majesty's name to take these vagabond Quakers, Anna Colman, Mary Tompkins, and Alice Ambrose, that they be stripped naked from the middle upwards, and make them fast to the cart's tail, and drawing the cart through the 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 warrent.
Per me, RICHARD WALDRON," Dover, Dec. 22, 1662.
This order was executed in Dover, Hampton, and Salisbury ; but through the intervention of Walter Barefoot, Deputy Governor of New Hampshire, Newbury escaped the disgrace of such an act of cruelty. On pretence of de- livering the persecuted females to the constables of Newbury, Gov. Barefoot took them from the New Hampshire constables, and secured them from fur- ther molestation by sending them out of the Province.
In October, 1657, the General Court had ordered that the penalty for enter-
taining Quakers should be forty shil- lings. In 1659, Thomas Macy, one of the first settlers of Newbury, but at that time a resident of Salisbury, was summoned to appear before the Gener- al Court, for violating the above law. Instead of complying, he sent a letter of which the following is a copy :
"This is to entreat the honored court not to be offended because of my non- appearance. It is not from slighting the authority of this honored court, nor from feare to answer the case; but I have bin for some weeks past, very ill, and am so at present, and notwithstand- ing my illness, yet I, desirous to ap- pear, have done my utmost endeavor to hire a horse, but I cannot procure one at present ; I being at present des- titute have endeavored to purchase, but at present cannot attaine it, but I shall relate the truth of the case as my an- swer should be to ye honored court, and more cannot be proved, nor so much. On a rainy morning there came to my house Edward Wharton and three men more; the said Wharton spoke to me saying that they were trav- elling eastward, and desired me to di- rect them in the way to Hampton, and asked me how far it was to Casco bay. I never saw any of ye men afore except Wharton, neither did I require their names, or who they were, but by their carriage I thought they might be qua- kers, and told them so, and therefore desired them to pass on their way, say- ing to them I might possibly give of- fence in entertaining them ; as soon as the violence of the rain ceased (for it rained very hard), they went away, and I never saw them since. The time that they were in the house was about three-quarters of an hour, but I can safely affirme it was not an houre. They spake not many words in the time, neither was I at leisure to talke with them, for I came home wet to ye skin immediately afore they came to the house, and I found my wife sick in bed. If this satisfie not the honored court, I shall subject to their sentence ; I have
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OF A NONAGENARIAN.
not willingly offended, I am ready to serve and obey you in the Lord. Tho. MACY."
Notwithstanding this explanation and apology, Mr. Macy was fined thirty shillings, and was ordered to be admon- ished by the governor. Tradition in- forms us that Thomas Macy, immedi- ately after his sentence, with his family repaired to Nantucket in an open boat, being one of the first English settlers on that island, where he passed the re- mainder of his life. This. incident, Whittier has woven into one of his most charming ballads.
Two of the Quakers who received shelter in Thomas Macy's house, Wil- liam Robinson and Marmaduke Ste- phenson, were hung at Boston, Decem- ber 27, 1659.
There is more "truth than poetry" in Jay's "Innoceney's Complaint," where he writes, "The making laws for to ensnare the just of God, is hated and to be accurst. The Massachusetts is alike for crime unto Judea in Christ Jesus' time. Here laws are extant that doth terrify well-meaning men and Liberty deny. Here innocents are fined, whipt and branded, ears cropped, some sold for slaves, some lashed, some hanged. Whoever is contrary to them found, tho' in his spirit, their fine must be five pounds, or else three days in jail ere a discharge, and with a ten- lashed whipping be enlarged."
The following, respecting the enter- tainment of Dr. Henry Greenland, Newbury's earliest physician, has been found among the Massachusetts ar- chives :
Copy of the Petition of John Emery, sen., of Newbury to the Massachusetts General Court, in relation to his fine for "Entertaining Strangers," 1663.
May 21, 1663.
To the honord Generall Court now assembled at Boston - the Humble pe- tition of John Emery humbly showethe That your Petitioner dwelling in New- bury, It so fell out by Providence of God that a certain Gentleman (named Mr. Henry Greenland) coming from England upon his occasion was by rea- son of his acquaintance with Capt. Barefoot &c. inclinable to settle in ye Country if hee liked, and to make use of his practise of Physic and Chirur- gery amongst us ; But being as yet un- settled & oncertanie where to fix untill his wife (whom hec hath sent for) did come By Reason of some employment by ye Providence of God presented it- self to him; hee 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 disordered Hee Desired entertainment. And your Pe- titioner did for Reason above men- tioned Receive and entertain him this winter past for which I am fined four Pounds by ye hon'rd Court at Ipswich for Breach of a Law; not having [at first] License under the hand of a mag- istrate : hee himselfe being a stranger and not knowing the Law, nor your Pe- titioner - the Humble request of your Petitioner is ; That this honobl Court would bee Pleased to remit 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 furthered & been of much good by his calling ; Both in Physick and Chirurgery and your pore Petitioner shall ever Pray.
We the Selectmen & such others as are subscribed, Considering the useful- ness of Mr. Greenlands in respect of his practice in our towne, do humbly desire the same if this hon'd court please.
John Pike, Richard Thurlo,
Thomas Peter Godrie, James Ord way, Lionel Worth,
Abraham Toppan, John Bayley,
Sam Pore, Edw. Richardson, Robere Coker, Richard Fits,
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Stephen Swett,
Anthony Morse, sen., Robert
Willi
John Wilcutt, Robt Adams, Lanslet Granger,
Will Anthony Short,
John Knight, John
Rich
Brown,
Peter Toppan,
Jeremy Gutridge, William
Thomas Brown,
William Titcomb, Richard Bartlet,
Stephen Saml
Thomas Hale, Jun., John Poore, Senor.
2, 3, 63. The Magts have consid- ered the grounds of this Petr ; & con- sent not to any reversion of the coun. Court's sentence.
THO. DANFORTH, P. E. R. S.
Consented to by ye depety provided they may have ye ten shillings agayne. WILLIAM TORREY, Clerk. The Magists Consentyes,
EDW : RAWSON, Secry."
This ancient document being much worn, some of the names are in part, or wholly illegible.
In 1669, the ecclesiastical difficulties by which the town had been for some time agitated, arose to such a height, that an appeal to the civil authority was considered necessary. The cause of this disturbance was a change of sentiment, which Messrs. Parker and Noyes manifested respecting church government and discipline.
Johnson, in his "Wonder-working Providence" says : "The teaching eld- ers of Newbury have carried it very lovingly toward their people, permit- ting them to assist in admitting of per- sons into the church society, and in church censure, so long as they act reg- ularly, but in case of maladministration they assume the power wholly to them- selves."
Johnson very well expressed the principles of church discipline held by Messrs. Parker and Noyes, principles which engendered a controversy that was not settled until a short time prior to Mr. Parker's death in 1677. A ma- jority of the church demanded as a right, what the pastor and teacher " lovingly permitted" as a favor, and believing that the church in its corpo- rate capacity had a right, and therefore were under a sacred obligation to man- age its own affairs, they contended most strenuously against their elders assuming the powers wholly to them- selves.
October 22d, 1656, "Mr. Noise, the blessed light of Newbury, died." Of his uncle, the Rev. Nicholas Noyes thus writes : "They who differed from him in smaller matters as to discipline, held a most amicable correspondence with him." During Mr. Noyes' lifetime, . there was no serious difficulty in the church. After the return of Mr. John Woodbridge from England in 1663, he was employed by the town to assist his uncle Parker in preaching, at a salary of sixty pounds per annum, until 1670, when the town agreed to dispense with his services. From 1665 to 1669, the church and town were in a most excited and unconciliatory state, being about equally divided, one party adhering to Mr. Parker, while the opposition were led by Mr. Edward Woodman, a man of talents, influence, firmness, and de- cision, and from him were styled Mr. Woodman's party. This gentleman af- firmed "that Mr. Parker would set up a prelacy, and have more power than the pope, for the pope had his council of cardinals." Both John Emery, sen., and his son, John Emery, jr., joined Mr. Woodman's party. The following
Richard Loell, Anhony Sumerbee, John Mearell,
Abell Huse, John Cheney, sen'r, James Jackman, Joseph Plumer
John Parker, Senior,
John Jun.,
Thomas
Wilum Morse, Josif Tainey,
John Cheney, Jun.,
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OF A NONAGENARIAN.
is extracted from the records of the court at Salem :-
"I, John Pike, do testifie that I was present at the gathering of the church at Newbury, and I did hear our rever- and pastor preach a sermon on the eighteenth of Matthew, seventeenth verse, 'and if he neglect to hear them, tell it unto the church ; but if he neg- lect to hear the church, let him be unto thee as an heathen man and a publican,' wherein he did hould forth that the power of discipline belonged to the whole church, yt the matter of the church ought to be visible saints joyned or gathered together, that the manner of their joyning together ought to be by covenant, yt the end of it is for the exercisinge and enjoyinge of the ordin- ances of Christ togeather. He strongly proved his doctrine by many places of the Scripture, both in the old and new testament. The which sermon togeath- er with the Scriptures did much instruct and confirme us in that waye of church discipline which as I understood he then preached for, namely the congre- gational waye, some noates of the said sermon, which I then took from his mouth, I have here ready to shew if you please. The sermon being ended the brethren joyned together by express covenant, and being joyned they chose their pastor Mr. Parker, who accepted the call, and joyned with them accord- ing to the covenant aforesaid ; and those that afterward joyned to the church, consented to the said covenant explicit. The brethren of the church acted in these admissions of ye members, expressinge their voats therein by lift- ing up the hande, and soe continued together lovingly a considerable num- ber of yeares untill other doctrine be- gan to be preached amongst us.
Per me, JOHN PIKE. Sworne in court 30 March, 1669."
"Robert Pike also testifies that the meeting was on the Sabbath in the open air under a tree."
"At the same time that Mr. Parker was chosen pastor, Mr. James Noyes was chosen teacher."
Similar testimonies were give by John Emery and Thomas Browne.
Tradition asserts that the tree under which this first sermon was preached was a majestic oak, which stood on the north bank of the river Parker, about a hundred yards below the present bridge.
After a series of trials and appeals, and a council of the neighboring elder's and churches, which was convened Nov. 3d, 1669, the controversy was fi- nally settled at the court at Ipswich, May 29th, 1671, "which adjudged the said Mr. Woodman, and party adhering to him, to pay the several fines under- written, with the charge of the witnes- ses, and fees of court, and that they all stand committed till the said fines, charges and fees be satisfied and paid.
Mr. Edward Woodman, twenty no- bles ; Mr. Richard Dummer, Richard Thorlay, Stephen Greenleaf, Richard Bartlet, and William Titcomb, four no- bles each ; Francis Plumer, John Em- ery, sen., John Emery, jun., John Merrill, and Thomas Browne, a mark each ; Nicholas Batt, Anthony Morse, senior, Abraham Toppan, William Saw- yer, Edward Woodman, junior, John Webster, John Bartlet, senior, John Bartlett, junior, Joseph Plumer, Ed- ward Richardson, Thomas Hale, junior, Edmund Moores, Benjamin Lowle, Job Pilsbury, John Wells, William Ilsley, James Ordway, Francis Thorlay, Abra- ham Merrill, John Bailey, Benjamin Rolfe, Steven Swett, and Samuel Plum- er, a noble each ; Robert Coker. and William Moody were not fined."
A noble is six shillings and eight- pence ; a mark, thirteen shillings and fourpence.
The following are the names of Mr. Parker's party :
19
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Mr. John Woodbridge, Capt. Paul White, Mr. Henry Sewall, Richard Kent, John Kent, Henry Short, Daniel Price, senior, Richard Knight, John Kelley, John Knight, Henry Jaques, Thomas Hale, senior, Robert Adams, Abel Huse, George Little, Samuel Moody, William Chandler, Mr. Nicho- las Noyes, Nicholas Wallington, Capt. William Gerrish, Mr. Percival Lowle, James Kent, Robert Long, Richard Pettingell, William Morse, John Davis, John Smith, James Smith, James Jack- man, Joseph Muzzey, Richard Dole, Anthony Somerby, Nathaniel Clark, Tristram Coffin, Nicholas Noyes, senior, Thomas Tarvill, Mr. John Gerrish.
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