Based on a will James is believed to have died prior to 1714. He is most likely buried in Maine.

James came to America in 1635 with his parents on the ship "James" landing in Boston, June 3, 1635. He married Elizabeth (last name not known). According to the John and Anthony Emery genealogy records by Rev. Rufus Emery, 1890, they had 7 children, all born in Kittery, Maine. (birth dates are appoximate):
James b. 1658
Zachariah b. 1660
Noah b. 1663
Daniel b. Sept. 13, 1667
Job b. 1670
Elizabeth (who married Sylvanus Knock)
Sarah (who married Gilbert Warren)

Elizabeth died after 1687. On Dec. 28, 1695 James married another Elizabeth: Elizabeth (Newcomb) Pidge (widow of John Pidge of Dedham, Mass. who had died without a will). Administration was granted in 1691 to his widow Elizabeth. Inventory of the estate was filed June 19,1691. "The account of Elizabeth Emery late Relict or widow and admin. of the Estate of John Pigg deceased in Dedham," and on June 10, 1709, James Emery presents the division of the estate.

May 10, 1700, "James Emery of Dedham in New England, the only surviving son of Anthony Emery late of Portsmouth on Rhode Island and Providence Plantations deceased, quitclaims to his sister Rebecca Sadler alias Eaton, lands, estate Goods and Chattels of said Anthony Emery late deceased."

In 1713, James Emery gives a deed in which he describes himself as of Berwick. It would seem that James Emery, after his election as representative to the General Court, resided in Dedham, and after the settlement of the estate of John Pidge or Pigg removed to Berwick. He had grants of land in Kittery, 1653, 1656, 1669, 1671; was selectman of Kittery, 1674, 1676, 1677, 1684, 1685, 1692, 1693, 1695; elected representative to the General Court, 1693, 1695; grand juror and constable, 1670. The date of James death is unknown, but from a deed given in 1714 in which his son James called himself James senior, it is evident it was before 1714.