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William Phelps helped found America
Government authority based on consent
By 1638, the Massachusetts Colony admitted that the Connecticut Colony was no longer under its jurisdiction and that it was practicing self-rule. The people of Windsor, Wethersfield, and Hartford, all along the Connecticut River, met in Hartford on 2 Jan 1639 and adopted the constitution, the “Fundamental Orders,” for the Connecticut Colony.
This document made it clear that it does not recognize authority superior to that delegated by the people other than God. Roger Ludlow, a lawyer, wrote much of the Fundamental Orders, with the assistance of Mr. William Phelps and other magistrates. It presented a binding and compact frame of government that put the welfare of the community above that of individuals. It assign supreme authority in the colony to the elected general court, omitting any reference to the authority of the British Crown.
It is considered by some as the first written constitution in the world to declare the modern idea that “the foundation of authority is in the free consent of the people.” In 1662, the Charter of Connecticut superseded the Fundamental Orders; though the majority of the original document’s laws and statutes remained in force until 1818.
First Phelps in America
There were at least 12 different Phelps who immigranted to the American colonies from England in the 1600s. Many of these have a descendant who completed a yDNA tests which has proven that none of them are related to each other. The two most well-known immigrants are William and George Phelps who arrived in 1630 and 1634. It was long assumed they were related but this has been proven wrong.
There are two records for a Richard Phelps in Dorchester, Colony of Massachusetts, but no further information has been found. James Phelps was born abt. 1740 and died abt. 1786 in Milton, Caswell Co., North Carolina. A record for a James Phelps was found in All Hallows Parish, Anne Arundel, Maryland 1776 census. YDNA testing has proven that James Phelps had a common ancestor with Thomas Phelps of Albemarle, Virgnia and Thomas Felps of Maryland.
Other Phelps immigrant lines have been found in Virginia, Kentucky, Maryland, Tennessee, and Georgia. DNA testing has shown none of these are related. Some Phelps came to the colonies as indentured servants or, in a few cases, as convicts. To connect with others researching the Phelps lines, join the Facebook group Phelps Genealogy in America.
William Phelps Appointed Commissioner
William Phelps was one of eight commissioners appointed by the Colony of Massachusetts Bay to govern the Colony of Connecticut. All meetings were to meet in a legal and open manner. Eight men were given "full power and authority" to lead the new colony: "Roger Ludlowe, Esqr., William Pinchon, Esq., John Steele, William Swaine, Henry Smythe, William Phelpes, William Westwood & Andrew Warde."
Dorchester was the first settlement in the Americas to establish local town government, and William Phelps played a key role in establishing that government. The following itranscript of the original document preserves insofar as possible the peculiarities of the language of the time, with breaks added for readability.
March 3rd, 1636
A Commission granted to seuall Persons to govern the people att Conecticott, for the space of a year, now next coming, an Exemplificacon whereof ensueth:
Whereas vpon some reason & grounds, there are to remove from this o' comonwealth & body of the Mattachusetts in America, dyv's of o' loveing ffriends, neighb's ffreemen & members of Newe Towne, Dorchester, Waterton, & other places, whoe are resolved to transplant themselues & their estates vnto the Ryver of Conecticott, there to reside & inhabiite, & to that end dyv's are there already dyv's others shortly to goe, wee, in this present Court assembled, on the behalfe of o' said Members & John Winthrop, Jun', Esq. Goner appoynted by certain noble personages & men of qualitie, interested in the said ryvr web. yet in England, on their behalfe, have had a serious consideracon there [on] & think it meete that 'where there are a people to sitt down & cohabite, there will followe, upon occaZon, some cause of difference, as also dyvers misdeameanrs web will require a speedy redresse; & in regard of the distance of place this state and goumt cannot take notice of the same as to apply timely remedy, or to dispence equall iustice to them, & their affaires, as may be desired;
and in regard of the said noble psonages, and men of quallitie, have something ingaged themselves & their estates, in the planting of the said ryver & by vertue of a patient, doe require jurisdicion of the said place & people, & neither the mindes of the said psonages [they being writ unto] are as yet knowen, nor any manner of gount is yet agreed on, & there being a necesitie, as aforesaid, that some present goumt may be observed, wee therefore thinke mee[te] & soe order that Roger Ludlowe, Esqr., William Pinchon, Esq., John Steele, William Swaine, Henry Smythe, William Phelpes, William Westwood & Andrew Warde, or the greater pte of them, shall have full power and aucthoritie to hear and determine in a iudicial way, by witnesses vpon oathe examine, wth, [in] the said plantacon, all those differences, wch may arise between ptie and ptie,
as also, upon mis-demeanr, to inflicte corporall punishmt, or imprisonmt, to ffine & levy the same if occacon soe require, to make & decree such orders, for the present, that may be for the peaceable & quiett ordering the affaires of the said plantacon, bothe in tradeing, planting, building, lotts, militarie dissipline, defensiue in warr [if neede so require], as shall best conduce to the publique good of the same, & that the said Rodger Ludlow, William Pinchon, John Steele, Will Swaine, Henry Smyth, Will Phelpes, William Westwood, and Andrew Warner, or the greatr pte of them shall have power, under the great' pte of their ha[nds] at a day or days, by them appoyncted, upon convenient not[ice], to convent the said inhabitant, of the said towns to any convenient place, that they shall think meete, in a leagall and open manner, by way of Court to pleede in execute[ing] the power and authoritu of aforesaide,
and in case of presnt necessitie, two of them joyning to geather to inflict corporall punishmt, upon any offender, if they see good and warentable ground so to doe. Provided always that this commission shall not extend any longer time than one whole year, from the date there of, and in the-mean time it shall be lawful for this Cort, to recall the said psens if they see couse, and if soe be ther may be a mutuall, and settled govunt- condecended unto, by and with the good likeing and consent of the said noble psonages, or their agent, the inhabitants and the commonwealth, provided also, that this ma not be any prejudice to the interest of these noble personages in the sd. ryver and confined there of within their small lymitts.(1)
In 1635 William first lived in Windsor, in the lowland of "the Rivulet" [Farmington River] that flows into "the Great River" [Connecticut River]. He was granted a lot that was 100 feet wide, next to Bray Rossiter, west of the Rivulet. This land was flooded in 1638-9. Due to its tendency to flood, he moved to higher ground above the First Meadows further north in 1639. This was known as Phelps Meadows. It is situated on the most northerly lot on the west side of the rivulet, on the east side of what is now East St leading north to Poquonock Road and north of west-east road Pleasant St.
Phelps purchased land from the Indians on more than one occasion. In a deed dated March 31, 1665, Phelps recorded that he had purchased a parcel of land about 30 years previously from Sehat, a Paquanick sachem. He was unable to provide title and prove his previous payment, forcing him to buy the land again.
These presents testify, whereas there was a parcel of land purchased formerly by Mr. William Phelps, Sen, living at Windsor, about 30 years since, of Sehat, an Indian. a Paquanick sachem, and I [Phelps] not being able to prow full payment of the said purchase, in consideration whereof I now engage to make up the full payment by paying to the said Sehat's kinsman, Nassahegan, sachem of Paquanick, 4 trucking coats, or what upon agreement shall satisfy them to the value thereof. The said Nassahegan engaging to make said parcel of land free as shall be expressed from any challenge or demands for future time of himself, his heirs, or successors, or any other Indian or Indians whatsoever. And Coggerynosset Sehat's son and his sister, and the said Nassahegan's own sister shall subscribe to the said premises. The said parcel of laud is thus bounded, as it takes in all the first meadow bounded by the rivulet, the Indian name being Tau chag; and half the 2d meadow according to the running of the river, the Indian name being Pabachimusk; the parcel of land bounds south by a little brook that falls into the river, about 40 rods from my now dwelling house, and to extend in length from the river westward upon a line three miles, all the breadth the said land from the south brook to the middle of the 2d meadow; which said agreement is made and assigned to by us whose names are underwritten this year of the Lord, 166o, March 31st. Owned already paid in two coats and 40s in wampum for a third coat, and six bushels of Indian corn. and fifteen shillings in wampum for the fourth coat; and fifteen shillings in wampum is at six a penny. (Stiles p. 124)
As 30 years had passed since Phelps originally purchased the land, others had occupied portions of the land. An agreement was reached to allow them to pay Phelps for the land they were in use of.
In February, l666, "whereas there are several men that have land within the limits of if [the purchase aforesaid] both meadow and upland, besides Mr. Phelps and his sons, it was therefore concluded that each man according to Ins proportion of land capable of plowing or mowing, should pay 12 pence per acre to Mr. Phelps." And each one paying to Mr. Phelps should afterwards have a clear title to their several shares of land. Wo much doubt whether that land could now be purchased for twelve pence per acre. (Stiles p. 124)
This land later passed to his son, Timothy. Many records of purchase and sale of land by Mr. William Phelps are recorded in the Windsor land records. In return for payment, the sachem Nassahegan deeded the land to John Mason.
Know all men by these presents, that I, Nassahegan, of Paquanick, sachem, have freely given and granted and do hereby alienate and assign unto John Mason of Windsor, all my right and interest in all my land lying between Powquaniock and Massaqua [Massaooe, or Simsbury] westward and south and eastward as far as he has any right, only excepting a part of a meadow at Paquanick now in the occupation of the Indians, there to be enjoyed fully without any future disturbance, by the said John Mason, or his assigns, Witness my hand this 13th of March, Anno Domini, 1642.
Nassahegan
Signed and sealed in the presence and witness of
William Phelps
William Hill- (Stiles p. 125)