12. A father from Tyrrell County, N.C.      by D Phelps

(The purpose of this article was to explore any possibility that a Phelps from Tyrrell was the father of James d 1786 Caswell Co, NC. James married a Mary who some have claimed was a Bateman.  Hopefully the general researcher will benefit from the information.)  Related evidence can be found in my other paper Notes on Phelps in Tyrrell Co, NC

 

Thanks to a contributing researcher, Brenda Emory, I have been enlightened with the significant number of Phelps - including several James Phelps -  who lived in Tyrrell County during the time of our James Phelps of Caswell.  Tyrrell is south across the Albemarle Sound from Perquimans Co.   With Brenda's help I tried  to determine if James' parents could have come from this area.   It seems few researchers have worked on this line of Phelps.  In addition to Phelps, some Batemans also lived there.  If anyone has researched this area we would appreciate very much to hear from you.

 

Conclusions on the study of the several James in Tyrrell Co. in the 1700s

 Sept 20, 2004

 

My objective was to determine if there was a James Phelps in Tyrrell who moved to Caswell by the time James of Caswell is recorded being.   The likely date was no later than 1778 when he made his land entry and for certain no later than 1784 when he was listed on tax list.   It would be very helpful if we could find a James in Tyrrell who married a Mary but apparently there is no record of that in Tyrrell. (See my other material showing that the reported marriage to Mary Bateman in Perquimans was not possible.)

 

Even though there are many early records in Tyrrell County, I am not aware of anyone who has unraveled the many "James Phelps" who were there in the 1700's.  A key problem is that apparently there is no Phelps mentioned in any will during the period.  I offer this research in the hope that someone may be able to support the conclusions or supply a reasonable alternative.   

 

Tyrrell County is south across the Albemarle Sound from Perquimans County where other Phelps lived.  Gates County is adjacent to Perquimans and also had a Phelps line. Crossing the Sound would be a sail of a few hours and could be extremely rough in a wind over15 mph which is common.  Ground travel would be much more difficult and longer.  

 

My conclusions:  The net of this analysis is that we can identify five James before the target date when James of Caswell was in Caswell,1778 to 1784.  One was reported to have died, leaving four "James" remaining.  At the target date, we have four: James Sr, James Jr, Captain James and James.  I found no indication of a marriage of a James to a Mary in this county in the time period required (of course all the marriage records recorded in the Episcopal Church records were lost).   Therefore I submit that the James of Caswell did not move from Tyrrell County.

 

Please use the associated table to understand the conclusions .   The table was created by applying from the available records all the use of any "James" to the known "James".   Across the top of the table are the individual James.  The left column list the  year and source.   I then applied the name on the record to what seemed reasonable considering the overall understanding of the records.

 

Several very key records should be noticed:

·          1740 Edward describes his son James' cropmark

·          1747 Processioners Book:  A James is named as Edward's son

·          1754 Military record:  Three different James are named:  James Jr, James Sr, and a James

·          1765 deed:  Three different James are named:  James Sr, James Jr (named as James Sr's son) and a James.

·          1778 Estate of a James Phelps.  Never identified as to which James.

 

 

Here is a list of those whom I consider to be reasonable candidates:

 

·          One should be discarded -  a James son of John who was so named in the 1784 Tyrrell Tax list, is after the target date..  There are five other "James" candidates but  realistically only four as described below:  

 

·          James Sr, apparent brother to Edward

·          James, son of Edward

·          James Jr, son of James Sr.

·          Captain James

·          Possibly another James who followed the death of a James who died in 1778

 

1.       James Sr, apparent brother to Edward, and James, son of Edward.   The first use of "James" is 1729.  In 1740 we find that Edward has a son named "James". It seems evident that between 1729 and 1740 the records identify the brother of Edward.   After the introduction of Edward's son in 1740 and up through 1747 there are several uses of "James".  Some deeds identify James with Edward so likely those records are for Edward's son.  Other uses of James in those years could be either Edward's son or brother.   In 1752 we see James Sr and Jr for the first time, with a "James" the year before.  I submit that the Edward's brother is now being called James Sr and that he has a son, James Jr - and that further uses of  "James" refers to Edward's son.

     

James Sr is listed beyond 1784 into 1790, and so could not have been the James in Caldwell.    To argue that the original Sr died and another James took his place and another James took Jr's place  - or that there was even another James - does not seem to be reasonable or likely at all, considering the records.  

 

"James" is named continually through1790.  In 1778 a James died yet James Sr and Jr continue afterwards.  I submit that it is only reasonable to conclude that the death was to Edward's son, James.  The death is identified only by the name of his estate and that Edward was the executor.  With Edward as executor it is very likely that the "James" was either his son or his brother, but since James Sr (Edward's brother) continues to be seen we must assume the death was to his son.  If so, this would mean there is another James who is named beyond 1778, but we still have a count of four. Alternatively, if we add another James and apply the death to James Sr and shuffle people, the count remains at four.

 

2.       James Jr, son of James Sr. as documented by the 1765 deed.     "James Jr" first appears in 1752. He is so named from 1752 through 1793 - while James Sr also continues to be listed. To propose that the original Sr died in 1778 and the Jr took his place does not seem to be possible or reasonable, considering the records.  So this James cannot be the one in Caswell.

 

3.       Captain James.  He first appears in 1784 and could have been one of the earlier named "James" but it does not matter since he was alive in Tyrrell in 1784. So whoever he was, he can be omitted.  The James CT [?]   (as shown on the 1782 Tyrrell tax transcription with the question mark recorded by the transcriber) is listed on the index as "James".  Possibly the CT represented Captain seen in the 1784 tax list - or the James whose land grant of 235A is similar to the 253A on the  1784 tax list.   I contend it does not matter which since the count remains at four.  

 

 

Other considerations

 

1.       I found no record of a Mary Bateman marrying a James Phelps in this county during this period.   However there were many Batemans there during the time, just as there were in Perquimans across the sound.

 

2.       I found no wills of any James Phelps.  There was simply the statement of an estate in 1778 for James Phelps and another for J Phelps in 1796.

 

The conclusions in the table below are based largely on my analysis in my other paper Notes on Phelps in Tyrrell Co, NC

 

Name

 

 

Date of event

 

James Sr

Brother to Edward

Capt James

James jr.

Son of James Sr.

Edward, Brother to James

James Son of Edward

We also have a James, son of John in 1784

1678 Maryland proceedings

 

 

 

 

 

Darby and Curtbert Phelps are named.

1694 rights to land

 

 

 

 

 

R White proved 9 rights naming Cuthbert Phelps

1695 rights to land

 

 

 

 

 

Cuthbert Phelps Sr gets 1050 A for importation of himself and Frances, Derby, Edwqrd, Bartholomen, Precilla, Cuthert Phelps are named.

1702 Perquimans tax list (Tyrrell records filed there)

 

 

 

 

 

Lists Cuthbert and Barth

1704 rights to land

 

 

 

 

 

Ffewox names Go:? , Seth and Cuth Phelps

1704           Seth Phelps 290 A rights. I to find 5 rights.  Cutbert: 300 A. rights. I to find 6 rights.

1704 patent

 

 

 

Edward 233A

 

 

1717 Albemarle Chowan precinct Tax

 

 

 

Edward

 

 

1729 Tyrrell Precinct (Albemarle Co) Quit Rents

James

 

 

Edward

 

 

1730 +/- James of Caswell was born

 

 

 

 

 

 

1733 Deed

James

 

 

Edward

 

Witnessnes

1734 Deed

James

 

 

 

 

Witness

1735 Court

James

 

 

 

 

 

 

1739 Court

James

 

 

 

 

 

 

1740 Court

 

 

 

Edward

James ??

Ed describes his son's cropmark.

1741 Deed

 

 

 

 

James ??

Witness

1744 Deed

 

 

 

Edward

James ??

Edward Sold to James 150A

1744 Deed

 

 

 

Edward

James ??

Edward Sold to James 140A

1745 Deed

 

 

 

 

 

Witness

1746 Deed

 

 

 

 

James ??

 

1747 deed

 

 

 

Edward

James ??

Witnesses.

Tyrrell County Processioners Book, 1747/1748

James (listed twice, plus a Jas but could be the same person) Brother of Edward - see p.32

 

 

 

 

Edward

"Brother  of  James", p. 32)

 

 

1749 Land grant Edward

 

 

 

Edward 650A

 

 

1751 Court

 

 

 

 

James

 

1752 Court

James Sr

 

James Jr.

 

 

 

1753 land grant James Jr.

 

 

James Jr. 345A

Edward

 

Edward named

1753 Court

 

 

 

Edward

James

Makes oath

1754   Military

James Sr

 

James Jr.

Edward

 

 

1754 Court

James Sr

 

James Jr.

Edward

James

All four are listed. Edward and James petition, James Sr and Jr appointed.

1755 land grant James Jr.

 

 

James Jr. 165 A

Edward

 

Edward named

1755 Court

 

 

 

Edward

James

 

1755 Tax List Tyrrell

 

James Sr.

 

 

 

Edward Sr. (not all records recorded)

 

Also is listed Phellps, Edward son of James -  and Phellps, Edward son of Edwd.

 

 

1756 land grant James Sr

James Sr 350A

 

 

Edward

 

Edward named

1756 deed: On a single deed

James Sr

 

James jr

Edward

 

Sr to Jr 100A

 

 

 

 

 

 

 

1758 deed

 

 

James jr

 

 

Sells 132A

1759 deed

 

 

 

 

James

Sells 160A

 

 

 

 

 

 

 

1759 deed

James Sr

 

 

 

 

Sells 100A

1760 deed

 

 

 

 

James

Sells 125A

1760 deed

 

 

 

 

James

Sells 160A

1762 Deeds

 

 

 

 

James

 

1764 deed

James Sr

 

 

Edward

James wit.

James sr to Edward

1765 deed

James Sr

 

 

 

 

James Sr sells 25A

1765 deed

James Sr

 

 

Edward

 

James sr to Jacob Phelps

1765 deed: On a single deed

James Sr

 

James son of James

 

James

All 3 named on a deed. From James to James Jr.

1766 Deeds

 

 

 

 

James

 

1771 Bondsman for  James Ward est.

 

 

 

 

James

 

1772 deed

 

 

 

 

James

 

1773 deed

 

 

 

 

James

 

1775 deed

 

 

 

 

James

 

1777 deeds

 

 

James jr

 

 

Jr buys and then sells

1777 Deed

James Sr

 

James Jr

 

 

 

1778 James Estate

2/17/1778

 

 

 

 

 

James Estate; exec was Edward Phelps.  Unknown James died.

1778  deeds

James Sr

 

James Jr

 

James

(all 3 not on same deed)

1778 Bondsman for  Robert Russel est.

 

 

 

 

James

 

1778 James of Caswell makes land entry

 

 

 

 

 

 

1779 deed

 

 

 

 

James

 

1779 James of Caswell Land Grant

 

 

 

 

 

 

1780 Grant of 325A

 

 

 

 

James

James gets 325A grant.

1780 deed

 

 

 

 

James

James named

1782 Tax list Tyrrell

 

Seq by location likely.

James Sr

220A

James Ct [?] seen only on the tax list, not the index.

253 A

James Jr

75A

 

   ?

(James Ct could be Captaint James or "James" Interestingly "James" got a land grant of 235 A in 1780 - possibly a transcription error so that the James CT was actually "James"

1784 Caswell tax list shows James Phelps

 

 

 

 

 

1784 Caswell tax list shows James Phelps

1784 Tax list Tyrrell

 

Seq Alpha

James Sr

195A

Captain James 478A

 

 

 

Also listed is James, Son of John 75A

 

1784 Will of Anthony Alexander

 

 

 

 

James

Witness; Has land near

1785/6  James of Caswell died

 

 

 

 

 

James of Caswell died

1786 Property mentioned

James Sr

 

 

 

 

 

1786 Tax list Tyrrell

 

James Sr 215A

 

James Jr 70A

 

 

 

1786 Tyrrell Census District: "Mark in poplar swamp to Scuppernong River"

 

Listed in sequence as interviewed???

 

 

James Jr

 

James

 

1790 Tyrrell Census

 

Often Listed in alphabetic sequence

James Sr.

Capt. James

James

 

James

Two James are listed

1793 Bondsman for Abraham Galloway est.

 

 

James Jr.

 

 

 

 

 

 

 

 

 

 

1796 Will of Joseph Alexander sr and Simon Spruill

 

 

 

 

J. Phelps

Witness to both

1796  "J Phelps estate"

 

 

 

 

J. Phelps

"J. Phelps estate"

1799 marriage bond

 

 

 

 

James???

James Phelps married Mary Spruill

1800 Tyrrell Census

 

Listed in alphabetic sequence

 

 

 

 

 

James  listed (could be one of them)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sources Researched

 

The Deeds of Tyrrell Co., NC, 1735-1760

The Deeds of Tyrrell Co., NC, 1760-1770

The Deeds of Tyrrell Co., NC, 1770-1783

The Wills of Tyrrell Co., NC, 1729-1811

The Wills of Tyrrell Co., NC, 1811-1900.

NC, Estate Records, 1734-1800

North Carolina Marriage Records, Tyrrell Co., 1761-1862

Tyrrell County, NC Marriages 1851-1868 and 1877-1909

Tyrrell Cemeteries, 1732-1984

Tyrrell County North Carolina Minutes Court of Pleas and Quarter Sessions, 1735 thru 1754, Book 1

Tyrrell County North Carolina Minutes Court of Pleas and Quarter Sessions, 1755 thru 1771, Book 2

Tyrrell Cemeteries, 1732-1984

 

Also, all the relevant

 data from the Tyrrell extensive web site was used  .http://patriot.net/~cpbarnes/RESOURCES.HTM

 

 

 

Important wills during this time:

 

Edward SR 2/21/1796  To sons Jeremiah, Edward, Joshua, Charles, wife Mary.   Notable absence of a James, a son, although with the many children of this era, it is not completely surprising to be left off.

 

 

There is no will listed for any James Phelps in Tyrrell during this period