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James Phelps with 5 children in the 1776 All Hallows Parish census of Anne Arundel, Maryland. 

By Doug Phelps, with extensive assistance from Mark Phelps (NC), Brenda Emory and other Phelps researchers.   Edited by James R Phelps   Revised 3/23/2010

Also see What we know about James Phelps

This article was originally written (May 2006) to test the possibility of a Phelps in Maryland as being the father of James Phelps of Caswell Co, d 1786.  It has been extended to give other evidence that the origins of James Phelps was Maryland.

It is conceivable  that the James in the 1776 All Hallows Parish census (see the image below) was the James in Caswell, NC in the late 1700s.. Our James had his NC property by 1778 and was in the 1784 Caswell tax list.    I found another James who may have been the James in the 1776 census. .   In an exhaustive report on Phelps in Anne Arundel County, in which many Phelps were documented, this same James Phelps of the 1776 census was reported as "unplaced" or unidentified.  This excellent paper was “The Phelps Family”, published in the 1993 Maryland Genealogical Society Bulletin, Vol 34, #4, by Robert Barnes, professional genealogist.  Based on the year and the number of the children listed for James in the 1776 census, it is conceivable that this was our James, but I could find no further identification. A follow-up article by Barnes appeared in the same publication in 1996, “Further Notes on Phelps”.  From an analysis of the extensive list of abstract books in the Raleigh genealogy library and online sources, I could not find this James Phelps after 1776 .   

 

This 1776 All Hallows Parish census (see below) also listed several other Phelps. Barnes states that Susanna Phelps was the widow of William Phelps 1711-1765 and that Richard Phelps was the son of William Phelps 1682-1748.   The other Phelps on the census were Deborah (married to an unknown Phelps); John (possibly William's 1711-1765 son?) and Isaiah, son of Walter Phelps b1703).  

 

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    Following are arguments for and against the Caswell James Phelps d 1786 being from Anne Arundel, Md. 

     

    Anne Arundel County was created in 1650  and was formed as an original County.  Between 1654 and 1658 it was known as Providence, likely after the word for the protection and governance of God. The County Seat is Annapolis. The courthouse was destroyed by fire in 1704, with the loss of all but three court record volumes. Deeds before 1699 were lost, but there are five volumes of re-recorded deeds.

     

    1  The key evidence suggesting that the Caswell James moved from Anne Arundel, Maryland is from the 1776 All Hallows Parish census of Anne Arundel, Maryland.

     

     It lists:

     

    Could Caswell James’ children have been those five listed in 1776?  It is possible, based upon the birth years, that the five could be William, Reuben, Thomas and Larkin for certain and most likely Obediah. It is unlikely to include Lucy and Ambrose based upon their deduced or observed birth years. Of course, nothing is known about the birth of the other two girls. .  

     

     

    Birth years of James’ children listed oldest to last.

     

    William  b. c. 1754  A William Phelps died in Caswell in 1824 at "about age 70" as reported by the Raleigh Star. It reported that he was a Rev. War veteran.  Other deductions are from census records in the 1800's. Married 1786.  A WIlliam Phelps enlisted in the Anne Arundel Rev War muster list 7/22/1776.

     

    Reuben  b. bet 1761-1770 based on a 1830 Halifax, VA census.   He was first seen in the 1790 Caswell census and he was at least 20 years old at the census.  

     

    Thomas b. bet 1766-1770 based on census records of 1800 through 1830. Married 1791.

     

    Larkin   b. 2/1772-1/1773. Date range concluded by researcher Frances Hofstetter from the 1850 mortalitiy census record: d 2/1850, age 77 .  Married in 1796.

     

    Obediah   b. c. 1774 based on the following.

    1. The census records of 1800, 10, 20, 30, giving a net birth range of 1766-1774. This range fits agrees with all 4 census records. This puts the upper limit at 1774. (The 1840 census is outside the other four and can be discarded I suggest).
    2.  He was the second youngest son of James (as specified in James' will).   Ambrose was named as the youngest, and the 1800 census records give a net birth range of 1776 - 1780 (for Ambrose).  This would have to be taken into account when attempting to determine Obediah's birthdate.. 
    3.  Obediah was married 1796 per known records. We might assume he was married between the ages of 20 and 25, perhaps older.  This would mean between 1771 (maybe earlier) and 1776.
    4.  Larkin, who was older than either Obediah or Ambrose, was born 2/1772-1/1773 per 1850 mortality census records (from Fran Hofstetter).  So Obediah had to be born after 1772-1773
     
    Therefore to agree with those four points,  the only logical birth date that fits all the above is 1774,  1775 and above goes beyond the census records.  Earlier than 1774  does not agree with Larkin being older.   (Interesting that is not far off the 1775 date we had been provided)
     

    Lucy born  b. 1774?  1776?  married 1794

     

    Ambrose b. bet 1776-1780  Deduction from census records in the 1800's (the youngest per James will)   Married 1796. 

     

    Two girls   Births unknown.

     

    2.    YDNA tests confirm that the Thomas Felps line, of Baltimore Co. s 1759, first appearance in 1699,  matches the Caswell NC James Phelps line.   Research continues to  attempt to connect the two lines. 

     

    3.  The movement of related families from Maryland to Caswell Co, NC to Pulaski Co,. KY.  From Mark Phelps of NC:  “There were many families in Caswell County NC, Person County NC, and the Halifax County Va. area who arrived there by way of Maryland. The Willlam Earp family came from Montgomery Co, Maryland to Caswell Co, NC and their descendants removed to Pulaski Co, Ky. at the same time that three sons of James Phelps- Larking, Obediah and Ambrose moved to the same area in Kentucky.  William Earp signed the 1778 Oaths of Allegiance in Montgomery Co.   Larking's daughter Drada Phelps married Philip Hawker Earp in Pulaski Co. Ky.  It would not be unusual for a group of families to leave Maryland and move to Caswell Co, NC together,
    perhaps even with other family members arriving later.”

     

    4   Elizabeth Stansbury, who conceivably could have had a child by a son of James Phelps in Caswell Co (DNA evidence) was born in Maryland.     (Elizabeth married James Pond in Caswell Co in 1786. She filed a Rev war pension naming James Pawn (Pond) as her husband (see the Pond DNA relationship to this Caswell James) . In the 1850 McNairy Co, TN census,  Elizabeth Stansbury Pond named Maryland as her birth place.  She was then 80.  (From reports by Janice Rand and D Phelps.)                 Rand also comments that the Stansbury line was from Baltimore County – the part they lived in later became part of Harford County.   Many Stansbury marriages can be found in early Anne Arundel Co. and Baltimore Co,  MD records.  YDNA testing matches this Caswell Phelps to the Thomas Felps line of Baltimore Co, MD.

     

    5.  In the 1880 Pulaski Co, KY census, James’ grandson, Lorenzo Dow Phelps, claimed his father (Obediah) was born in Maryland. He claimed his mother was born in NC.   Of the few grandchildren of James who were in the 1880 census, none have been found claiming Maryland as their father’s birthplace.  (1880 was the only relevant census where this information is recorded.)  Included in the list of those claiming NC for their father’s birthplace are the children of Larkin: Leonard. James, Larkin Jr, Hazel, and the children of Obediah: Vincent, and Obediah Jr.  (From Brenda Emory.)

     

    Below are arguments favoring the Lorenzo's father's "Maryland":. 

     

    An argument to support Lorenzo’s claim of Maryland came from Mark Phelps,NC (long time James researcher):  I strongly agree  that this notation on the Census form was not an error. The census taker had to get out of his routine of writing  Ky Ky Ky Ky on every line and then consciously write "Maryland" and then switch gears again and write "NC" on the very next line (when he recorded dthe mother's birthplace.. He even went to the trouble to spell out the word Maryland and not use an abbreviation "Md." He had to be supplied this information by someone in the household
    for him to break his routine and write a different State of birth. Yes I agree that sometimes Census records can be misleading, yet I have found them to be an invaluable asset and much more often "right" than wrong. I tend to see transcribed indexes more wrong, as the transcribers couldn't make out a name properly. In Alamance County, N.C., The Marriage Records for my 2nd great-grandmother was listed as "Harden" instead of "Harder". I begged the clerk in the Register of Deeds to correct this, even  offering to take her to her tombstone less than a mile from their office. Finally another clerk heard my plea and changed the N to an R to prevent others having a "wild goose chase".

     

    In the case of the 1880 Census in Kentucky I feel that in this case the Census taker got it "right". He got this information from someone who knew the answers, not a neighbor or from his  (own supposed) knowledge of the family.   There were many families in Caswell County NC, Person County NC, and the Halifax County Va. area who arrived there by way of Maryland. The William Cromwell who signed James Phelps will is one example. The Earp family came from Maryland to Caswell Co, NC and their descendants removed to Pulaski Co, Ky. at the same time that three sons of James Phelps- Larking, Obediah and Ambrose moved to the same area in Kentucky. Larking's daughter Drada Phelps married Philip Hawker Earp in Pulaski Co. Ky. Philip Hawker Earp was 1st cousin to Wyatt Berry Stapp Earp, better known as "Wyatt Earp" famous lawman of the American West. Thought you might enjoy that little tidbit. It would not be unusual for a group of families to leave Maryland and move to Caswell Co, NC together, perhaps even with other family members arriving later.

    Another supporting argument from Brenda Emory:  I still believe the Maryland connection is a good one! Just an FYI... two of Obadiah’s daughters that were still living in 1880: Pernetta Phelps Clark states her father was born in KY (mother too) Margaret Phelps Dye states her father was born in VA (mother too) the significant thing is that the states of birth ran across the board, all three responses KY and VA so it does not appear reliable at all. I think Maryland is a good place to look for clues.

    6.  There was a James Phelps in Maryland who died abt 1779, wife Rebecker.  Could this have been the Caswell Phelps' father ?  If we consider that only one James Phelps with children appeared in the 1776 AA census and that this James (wife Rebecker)  died apparently in AA 1779-80, and that no other potential James can be found,  a strong case is made to negate the theory of the Caswell James being in AA in 1776.

     

    Journal and Correspondence of the Council of Maryland, 1779-1780   Volume 43, Page 533      http://aomol.net/megafile/msa/speccol/sc2900/sc2908/000001/000043/html/am43--533.html 

    [Rebecker Phelps To his Excellency Thomas Sim Lee Esqr Governor of Maryland, and To his Honourible Council]                          No Date

    the Humbel Petition of Rebecker Phelps Widdow of James Phelps, who Departed this Life on yesterday the 26 of this instant, by a long
    and tedgus Spel of the Dropsey, which has Renderd him unabel to be of any Maner of assistance to himself or your Humbel Petitioner
    or his famely of poore helples Children, and has Redused your Petitioner by his sickness & the severity of Times, To the Necessity
    of Beggin your Excellencys Releaf in Gettin him some plank to Make a Coffen, as it not in your Humble Petitioners power to purchase as
    Much, and I hope the Honble Council will Consider the Distress of their Humble Petitioner, and Distribute as Much as will inabel their
    Humble Petitioner to Burey her Deceased Husband, which will Ever in Dutey bound in Gage the prayers of your Petitioner.

     

    Based on the poor economic status of this James, I doubt a will was involved.   Nearly all the many abstract books (in Raleigh) for the Maryland counties end by the year 1760 (or earlier).  No wills in all of Maryland name a James during this time. All the available Maryland material in the Raleigh Library was researched.    I have researched many counties around Anne Arundel with no success.

     

    •  A  Rebecca Phelps was transported by 1680 by Walter, her son.   Source: "A supplement to the Early Settlers of Md' , Patents CB2:214.; 

    •  A  Rebecca Phelps had an illegitimate son., Archibald, b. 25 April 1762. 137    (Wright: Anne Arundel County Church Records of the 17th and 18th centuries)  Noted in  Robert W. Barnes' paper The Phelps Family   This item is from  the text of his section called "Unplaced Phelps"  It list those Phelps he was unable to place with the extensive Phelps line he studied . 

                For the full list of Unplaced Phelps of Maryland, see this extraction.

    • Added 3/20/2010 by Mark Phelps:   A 1818 Caswell Co marriage: of a Rebeckah Phelps

    Rebeckah Phelps Larkin W Hicks 08 Oct 1818

    From Mark:  Interesting this marriage in Caswell Co NC--the Bondsman was Thomas Phelps--I have not placed Rebeckah's parents as yet. Is it coincidence that the woman who petitioned for assistance in burying her husband James Phelps in Maryland, was named Rebecker Phelps. Could this be a naming pattern connection??
    Mark adds: I don't think this Rebeckah would be James of Caswell's mother, the marriage date of 1818 would be much to late I think. This would have been about the same year that Thomas H. Phelps, son of Thomas Phelps Sr., and grandson of James was born, yet the use of the name "Rebeckah" could be some clue to a connection to the Maryland "Rebecker" Phelps. Remember that unless there was a clerical error in the recording of Jame's will the following abstract implies that his mother was still living:  
      4th-- I Give and bequeath to my Next youngest son Obadiah the other part of my land to him and his heirs only my mother to have her Lifetime thereon if She Chooses.
    The clerical error could have been "only my mother" instead of "only his mother" , meaning Obadiah's mother and James' wife Mary.
     

     

     

    Notes:

    1.  A James Phelps is named in the Anne Arundel Co 1778 Oaths of Fidelity.  Seven other AA Phelps signed)

    2.  A James Phelps is named in the Admin Accounts of the Prerogative Court of Maryland in 1703, 1708, 1719.   (to be researched)

    3.  A James and Cutbert Philips , together, are named Admin Accounts of the Prerogative Court of Maryland (to be researched)

    4,  In nearby Charles Co. I found a one-time record of a “Jas Phelps” as testator for the 1684 will of William Hensey [11].

    5. A curious James Phelps popped up once (only) in adjacent Harford County.   A James Phelps, Esq is listed as security for John Everie in the 1783 Harford Co. Lower Hundred tax list in "Early Harford Counties", page 373.  This same book list many references to James Philips and James Phillips from 1776 through 1790.  Considering that the 1783 records list a James Philips Esq as landowner it is highly likely that the James Phelps, Esq was actually James Philips, Esq.


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    7. There were two James, descendants of the Walter Phelps line of Anne Arundel. They are not the Caswell James;  they came later, per the follow-up paper to Barne's Phelps paper::

         Walter Phelps, son of Charles (of Anne Arundel Phelps) 1750 - 1828

    ........................ +Margaret Chaney

    .............................. 4 Richard (of Anne Arundel) b1783 Phelps 1783 - 1855

    ................................... +Charlotte Stewart - 1851

    ............................... 4 James (of Anne Arundel) b1785 Phelps 1785 - 1847

    ................................... +Elizabeth Lawrenson

    ........................................... 5 James (of Anne Arundel) b1819 Phelps  d 1898

    Also, based on ydna testing in 2009 the ydna of descendants of the Walter Phelps line of Anne Arundel was not related to the Caswell James line, nor to any other tested colonial American Phelps line so far tested.

     

    8.    William Cromwell signed James Phelps’ will and he may have been from the Anne Arundel area.  There was "a" William Cromwell (revised 2009) reported to have been from Anne Arundel Co, MD.  The following is from E R Niles,  ernabode@znet.com :  His (revised 2009) William was born Abt. 1740 in Anne Arundel Co., Baltimore, MD, and died aft 1796. He was the son of Alexander Cromwell born 1712,  South Patapsco Hundred, Baltimore Co., MD ; died 1790 in Edgecombe, North Carolina (listed in the Edgecombe 1790 census)  ; Wife Sarah Dorsey ; Married April 17, 1733 at Westminster Parish, Anne Arundel, Baltimore MD.(as documented in the marriages of A.A. Co.     He says this line of Cromwells came over from England to the Baltimore area, drifted south and then north up through the southern part of West VA.     I found many marriages of Cromwells in A.A. Co. MD.

     

    9. The often reported Mary Bateman as our James' wife (with no know evidence of support) could have been from the Batemans who were a colonial family in Anne Arundel. There was a prominent Mary Bateman in the 1600s who had a daughter Mary Bateman in the late 1600s-early 1700s.

     

     

     

    Connections with the Thomas Felps line of Baltimore Co, Md....    

     

    YDNA tests confirm that the Thomas Felps line, of Baltimore Co.  matches the Caswell NC James Phelps line.   Research continues to  attempt to connect the two lines. 

     

     Documented records describe the move of an Avington Felps (b. ca 1711) from Baltimore Co, Md to Rowan Co as early a 1762.   Earlier speculation (now questioned) was that  Avington’s father Thomas Felps b. ca 1768 came from Barbados and/or Lemirick, Ireland.  This line developed an extensive genealogy in Rowan County and beyond.  This line which traces to Thomas Felps of Baltimore Co, Md, with dna tests matching extremely well with the Caswell James (and the Pond and Thomas Phelps of Albemarle lines).  This is a major discovery and continues to be researched. See the YDNA current status.    (A 1900 Johnson Co, Ky census shows an  Aquilla Phelps age 75, wife Sarah, was born in NC Oct 1825 and his father was born in England.  Based on genealogies of the Felps line, that English birth seems suspect)

     

    1.)  Nov 1759  JOHN Hall. (OF CRANBERRY) continued overseer of road from Humphrey's  Run to John Hanson's, and from James Phelps' to Rurnley Bridge and from the main road by Widow Halt's to John Hall's Mill, and from said mill to Long Bridge, and from Cedar Point Ferry place until it intersects the main road near Mr. Phillips' lower gate - November, 1759.

    Source: Baltimore County overseers of roads, 1693-1793, Peden.

    2. .)  A James Phelps, Esq is listed as security for John Everie in the 1783 Harford Co. Lower Hundred tax list in "Early Harford Countians", page 373.  This same book list many references to James Philips and James Phillips from 1776 through 1790.  Considering that the 1783 records list a James Philips Esq as landowner it is highly likely that the James Phelps, Esq was actually James Phelps, Esq.

     

     

     

     

     

    In an attempt to find a property sale by our James in Md. here is what I have researched:

     

    1.  Debt Books:  Years covered are 1753-1775, too early for our James.

    2.  Ejection Papers   Years covered are 1636-1777, slightly too early for our James.

    3.  Proprietary Leases :  URL would not link

    4. Rent Rolls/Debt books for those owing taxes - pre Revolutionary War:

    •  Land office rent rolls Anne Arundel County / abstracted by Leslie and Neil Keddie. Covers years 1651-1705, 1733-1768, 1753-1776.  Too early to find James with property tax owned for post 1776.

    • Online Md Archives index of Maryland rent rolls:  covers years 1639-1776.  Too early to find James with property tax owned for post 1776.

    5. After the Revolutionary War rent rolls were replaced by Assessment lists:

    • I have not found this information.

    6. Transfers of property:

    • Up to 1785: "Provincial Court Land Records"

      • Abstracts of the proprietary records of the Provincial Court of Maryland, 1637-1658 : patent record F & B (1640-1658), patent record Z & A (1637-1651), patent record A & B (1650-1657)  by VL Skinner (Raleigh library).  Years from 1637 through 1657 are covered here - missing years 1657 to 1785.

      • Abstracts of land records : Anne Arundel County, Maryland, by Mary Dodd  covers most years 1662-1754, too early for our James.

    • After  1785:  "State Land Record Abstracts"

      • The Md archive web site url links do not work.

      • Abstracts of land records : Anne Arundel County, Maryland, by T.L.C. Genealogy (Organization) 8 volumns covering the years 1708 to 1788 ,(Raleigh Library) .  The volumes cover 1708/12 1712/18 1719/24 1724/28 1728/30     1784/85 1786/87 1787/88. No James found here.  Missing are 1731-1783 very important. 

        Another series like this by Rosemary B. Dood and Michael E ends in 1754

    A confusing online file at the: Md Archives web site is: Land Office and also the Prerogative Court Records of colonial Md  1661-1700s?  Actual records are not viewable. This seems to be an introduction or index to major sections.  No name index.

     

     

    CE75 - (Land Records, Index), 1653-1839  An online search of the Md archives of the 1773-1778 index showed no James Phelps.

    A Jemima Phelps and John Stevens sold to John McCoy in anne Arundel co recorded May 1778, (april 29, 1778 appearance)  which fits a time of a move to Caswell co.  DB 5, page 510.   wasn’t a Jemima part of the Bedford Phelps?   This is a new Phelps as far as I know.   Sold about the time James would appear in Caswell co.  James mentions his mother in his will 4'ly I Give and bequeath to my Next youngest son Obadiah the other part of my land to him and his heirs only my mother to have her Lifetime thereon if She Chooses.

     

     

    County and Baltimore City Land Records:

    "At the county level of government. land records have always comprised the largest series of records. Leases and mortgages record temporary or

    conditional transfers of property. These land and property records, formerly deposited at the county court houses have been accessioned at  the Archives in the original record books or on microfilm."

     

  • "Land Records: These records of conveyances of land are found at the Archives in the original record books or on microfilm. Other record books may have been recently transferred and have not been accessioned. County land records with card indices in the Search Room include: (Land Records, AA, Index). 1653-1725, 1724-1759, 1759-1784. Index 71, 72, & 75. MSA S1443. (Land Records, AA, Tract Index). 1653-1759, 1759-1784. Index 73 & 76. MSA S1444,. and (Land Records, AA, Subject Index). 1653-1759, 1759-1784. Index 74 & 77. MSA S1445."
  • S1445: Card index to topics in the Anne Arundel County land records, including occupations, religions, houses, dams, roads, and ferries. Identified as Indexes 74 and 77. Entries give topic, record synopsis, date, and citation. Arranged chronologically by time period (1653-1759, 1759-1784). Provides references to ANNE ARUNDEL COUNTY COURT Land records series [MSA C97 and CM91].

    •  These indexes should be studied, since they go up to 1784, not quite as far as we need however.

     

     

    Nearby county land property abstract books in the Raleigh library were checked but either ended too early or if not, no James was found.

     

    Maryland wills

     

    Probate Records, Colonial, Index  1634-1777 An online search of index cards.  Format is a pdf image of each card - not searchable.