William Phelps
[pg. 69]
The members of the government [of the colony] chosen by by the freemen or stockholders of the company were Messrs. Rosseter and Ludlow, men of character and education. They were joined to the association, that their council and judgment might aid in preserving order, and founding the social structure upon the surest basis.
Several gentlemen past middle age, with adult families and good estate, were added -- Henry Wolcott, Thomas Ford, George Dyer, William Gaylord, William Rockwell and William Phelps were of this class, but a large proportion of active, well trained young men, either just married or without families, such as Israel Stoughton, Roger Clapp, George Minot, George Hull, Richard Collicott, George Phelps [William's brother], Nathaniel Duncan, and many others of their age, were the persons upon whom the more severe trials of a new settlement were expected to devolve.
[pg 73-79]
Oct. 19th, 1630, William Phelps applied to made freeman. ["Freeman" seems to be a term akin to citizen]
Nov. 9th, 1630, he was one of a jury of twelve, empanneled for the trial of Walter Palmer, concerning the death of Austin Brotcher, found not guilty of manslaughter. (This was the first jury trial in the New England Colony.) Sept. 27th, 1631, he was chosen constable of Dorchester. May 9th; 1632, he was one of a committee of sixteen, chosen by the colony to see about the raising of a public stock.
March 4th, 1634, one of a committee of three to lay out the bounds between Boston and Roxbury.
1634, William Phelps, Charles Stoughton and George Hull, delegates to the General Court from Dorchester this year.
May 14th, 1634, he was one of a committee of four to view the ground at Mount Wollaston for the enlargement of Boston, and draw a plan then and report to the next General Court.
March 4th, 1634, Ensign Gibbs and William Felpes were appointed by the General Court to go with a committee of three to arrange the bound between Boston and Dorchester, and explain what each town wants.
May 5th, 1635, he was a member of the General Court from Dorchester, held in Newtown, now Charlestown.
July 8th, 1635, Mr. Newbury and William Phelps appointed a Committee to set out the bounds between Wessaguscus and Barecove.
The report of this Committee is interesting, being in the style and language of Mr. Phelps.
The following is a true copy from the Massachusetts Colonial Records: --
Sept. 3rd, 1635, The bound laid out between Hingham and Weymouth, by order of the General Court by Mr. Newbury deceased, and William Phelps
The ryver between Hingham and Waymothe, runing on the East syde of the ryver, that creeke being their bounds to the head of it, to an oake marked, and soe their lyne to run into the countrie, upon the same poynt that boundeth Boston and Waymothe. Also wee appoyncted Waymothe to make vse of all the timber of Hingham syde, from a cove called Lovells Cove vpwards in the ryver halfe a myle in bredth and three quarters of a myle in length, for the space of fforty yeares; also wee prhibited Waymothe for making any improuemt of the ground.
By mee,
Willm Phelps
The following references are made to Mr. Phelps in the Dorchester Records: --
April 3rd, 1633. "It is agreed that a double rayle fence with mortises in the posts of 10 foot distance one from the other, shall be set up in the Marsh, from the corner of Richard Phelps, his pale eastward to the creeks, by the owners of the cows under named -- proportionably twenty feet to every cow."
With others " William Phelps two cows -- 40 foote." "Feb. 10th, 1634, Among the persons appoynted 'to view the poles' for the east field, Will Phelps and Mr. Thomas Stoughton."
July 5th, 1635, "It is granted to William Phelps, to fence in two acres and half of dry ground adjoyning to his meadowe ground, in the little neck, in satisfaction for what he wants in his home lot."
In this year, 1635, Mr. Phelps's wife died. In the fall of 1635, the Rev. Mr. Warham with sixty of his Church in Dorchester, removed to the settling of Windsor, Ct. Mr. William Phelps and his family, and brother George, accompanied this expedition, though it is probable that Mr. William Phelps did not go down to Windsor, Ct. till the following spring. . . .
. . . a commission of seven persons was appointed to govern the new colony, in Connecticut; for one year Mr. William Phelps was one of this commission.
The following is a textual copy of this commission, from the Massachusetts Colonial Records.
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 Exemplification whereof ensueth:
Whereas vpon some reason & grounds there are to remove from this of comonwealth & body o' the Mattachusetts in America, dyv's of o' loveing ffriends, neighb's ffreemen & members of Newe Towne, Dorcht, Waterton, & other places, whoe are resolved to transplant themselues & their estatesvnto 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, Junr, Esp, Gounr, appoyncted by certain noble personages & men of qualitie, interested in the said ryvr wch 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, vpon occacon, some cause of difference, as also dyvers misdeameanrs wch 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 personages, and men of quallitie have something ingaged themselves & their estates, in the planting of the said ryver & by vertue of a pattent, 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 some present goumt may be observed, wee there thine mee(te) & soe order that Roger Ludlowe, Esqr, William Pinchon, Esq., John Steele, William Swaine, Henry Smythe, William Phe(lps), William Westwood & Andrew Warde, or the greater pte of them, shall have full power and auethoritie to hear and determine in a iudicial way, by witnesses vpon oathe examine, wth (in) the said planacon, all those differences, wch may arise between ptie and ptie, as also, vpon misdemeanr, 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 (iff neede so require), as shall best conduce to the publique good of the same, & that the said Roger Ludlow, William Pinchon, John Steele, Willm Swaine, Henry Smyth, Willm Phelpes, William Westwood, and Andrew Warner, or the greatr pte of them shall 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 authority 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 as 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 my not be any prejudice to the interest of these noble personages in the sd. ryver and confined there of within their small lymitts.
. . . The first Court held under this Commission was April 26th, 1636. Mr. Roger Ludlow presiding, present in all, six, of these, Mr. William Phelps was one.
. . . At a Court held May 1st, 1637, Mr. William Phelps presiding, "It is ordered that there shall be an offensive ware against the Pequots."
[a corroborating note can be found in the Journal of John Winthrop, May 25 (1637)
"Our English from Connecticut, with their Indians, and many of the Naragansetts, marched in the night to a fort of the Pequods at Mistick, and, besetting the same about break of the day, after two hours' fight they took it, (from firing it,) and slew therein two chief sachems, and one hundred and fifty fighting men, and about one hundred and fifty old men, women and children, with the loss of two English, whereof but one was killed by the enemy. Divers of the Indian friends were hurt by the English because they had not some mark to distinguish them from the Pequods, as some of them had."
American Visions and Revisions, 1607-1865, David Grimsted, editor, pg 49]
In 1638 it being admitted that this Connecticut colony was out of the jurisdiction of the Massachusetts colony, the people . . . met in Hartford, Jan. 2nd, 1639, and adopted a constitution . . . [which] recognized no authority save God, superior to that delegated by the people. . . . This document was drawn up . . . with the assistance of the magistrates, of whom Mr. William Phelps was one.
. . . This government consisted of five magistrates, of a legislative, judicial and executive character, chosen by the freemen of the colony . . . Mr. Phelps held the office of magistrate from 1639-1643, and 1656-1662; from 1645-1649 inclusive. He was a deputy also in 1651.
[There are several more mentions of William Phelps -- paying rents, witnessing documents, overseeing various land transactions, advising the Constable "in preparing twelve men for the Indian War," and of punishments meted out to wrongdoers of the community.]
[pg 80]
[in dealing with a case of bastardy]
Aaron Starks, to stand upon the pillory and be whipped as [John] Williams, and to have the letter R burnt upon his cheek, and in regard to the wrong done to Mary Holt, to pay her parents £10 and . . . it is the will of the Court that Mr. Ludlow and Mr. Phelps see some punishment inflicted upon the girl for concealing it so long.
[pg 81]
[William Phelps was an honest man. After purchasing land from an Indian, he found himself unable to prove the full amount and subsequently purchased it again, as attested in the following document, dated March 31st, 1665]
These presents testify, whereas there was a parcel of land purchased formerly by Mr. William Phelps, Sen., living in Windsor about thirty years since, of Sehat, an Indian, a Paquanick Sachem, and I (Phelps) not being able to prove full payment of said purchase in consideration; 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 the 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 Coggerymosset, Sehat's son, and his sister and the said Nassahegan's own sister, shall subscribe to the said premises.
The said parcel of land is thus bounded, as it takes in all the first meadow bounded by the rivulet, the Indian name being Tauchag, and half of the second 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 own dwelling house, and to extend in length from the river westward upon a line three miles, all the breadth of the said land from the south brook to the middle of the 2nd meadow; which said agreement is made and signed to by us whose names are underwritten, this year of the Lord 1665, March 31st -- owned already, paid in two coats and 40 s. 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.
Witnesses: --
Samuel Phelps,
Matthew Grant,
John Bartlett,
Timothy Buckland.Signed By: --
Coggerynossett,
Asuthew, Coggernosset's sister,
Patackhouse, Nassahegan's sister,
Amannawer,
Nassahegan
[And there were natural disasters to contend with as well. The reference below is to the annual flooding of the Connecticut River]
[pg 82-83]
[William Phelps]. . . with some of his neighbors were drowned out in the great flood of 1639. . . . Soon after the flood Mr. Phelps removed farther north and settled south on the Highlands of what is known on the map as Phelps meadows. . . On land purchased by him of the Indians, his son William resided a short distance east of him. Marks of the cellar of this old house may yet be seen. [This is not the site of William's house built in 1670, which is still standing]
[Record of Possession, recorded in the land office after his death]
Whereas it is testified by Nathaniel Gillett, Sen., and Timothy Phelps, that William Phelps in his life time stood possessed in his own right of that orchard land, that lies on the southerly side of the street before his dwelling house, as it is now fenced in, for the space of twenty years at least, without trouble from any person prosecuting his claim in due form of law.
The said land is therefore, according to law, entered upon Public Records, to belong to the grantee of the said William Phelps, Sen., his heirs and assigns forever.
Henry Wolcott, Register and Selectman.
Benjamin Newbury, Commissoner
Says Dr. Stiles, "He was one of the most prominent and highly respected men in the colony. An excellent, pious, and upright man in his public and private life, and was truly a pillar in Church and State."
