John Phelps
Encyclopedia
John Phelps was a Clerk and Registrar of the Committee for Plundered Ministers
and of the High Court
which tried Charles I of England
for high treason
in 1649.
, County Wilts, England
. He matriculated at Corpus Christi College
, Oxford, on 20 May 1636, describing himself as age 17, and the son of Robert Phelps of Salisbury
. On 1 January 1648-9 he was appointed clerk-assistant to Henry Elsing, clerk of the House of Commons.
Says Harper's Pictorial History of England, edition of 1849, pp 111–377, "The name was anciently spelled 'Phyllypes,' but has always been pronounced 'Phelps.' After the time of Edward IV
, the superfluous letters were dropped.
, the Prerogative Party of Stafford, and Bishop Laud. They felt the British church and government under Charles I was becoming insufferably hieratic, tyrannical, and tax-hungry. Common resentment among the English people led soon to the English Revolution
beginning in 1642. Agents intercepted his secret invitations to foreign kings and armies, that they invade England, crush Parliament
and the English Constitution
, massacre his English opponents, and restore Charles to his pretended Dei gratia
royal privileges. This eventually led to the beheading of King Charles for treason in 1649. Those who opposed him felt that Charles Stuart incorrigibly continued to hold his dynastic interest separate and above those of Parliament and the British people, and ultimately Parliament had no alternative but to end his conspiracies, par coup de hache ("by blow of axe").
In 1648-49, John Phelps was called by England's Rump Parliament
to serve as Clerk of High Court
at the trial of King Charles I.
He became private secretary to Oliver Cromwell
, and in the illustration at right of the trial of Charles I, is illustrated sitting on the right of the table in the center of the room. "Extracts from a True Copy of the Journal of the High Court Of Justice for the Tryal of K. Charles I:" "And in order to the more regular and due proceedings of the said Court, they nominate officers, and accordingly chose Mr. Aske, Dr. Dorislaus, Mr. Steel and Mr. Cooke, counsel, to attend the said Court. Mr. Greaves and Mr. John Phelpes, clerks, to whom notice thereof was ordered to be given." (page 7)
"Mr. Andrew Broughton attended according to former order, and it was thereupon again Ordered, That Andrew Broughton and John Phelpes be, and they are hereby constituted clerks of the said Court, and injoyned [sic] to give their attendance from time to time accordingly." (page 12)
During the trial, "on the Tuesday afternoon in Westminster Hall, the King again refused to recognise the jurisdiction of the Court;" John Phelps as the Clerk "formally demanded his answer, [the King] refused, and default was recorded." Under English law at the time, a refusal to enter a plea was entered as a guilty plea.
's correspondence with the Lord President, 1685-6, Wealsman, "John Phelps of Vevey
, ill reputation and sheriff thereof." Answer: "Mr. Phelps is so far from being of ill reputation that there is not any man in the county, nor in the army, under a better character. He is son of a loyal gentleman, Col. Edward Phelps, and brother of Sir Edward Phelps of Somerset."
John Phelps was a prominent man in the party to which he had attached himself. He was clerk and registrar of the Committee for Plundered Ministers
, and had chambers in the Old Palace in which the committee sat. On October 14, 1652, he was appointed clerk to the committee of Parliament which had been named to confer with deputies from Scotland
. He was to be allowed a clerk assistant, and it was ordered that a request be made to the first-named committee to dispense with his attendance in the meantime.
John Phelps was given instructions for "matting the room in which they were to meet, and for fitting it up so that it might be very warm. At a later period Henry Scobell
, clerk of Parliament, was required to deliver to John Phelps all papers and books returned from Scotland touching delinquents and sequestrations."
A petition having been presented to the Council of State by John, Earl of Crawford
, order was made September 1, 1653, that Mr. Phelps examine his books as to what was done by the Commissioners who had then lately been sent into Scotland as to whether any order was given by them for allowing the Earl's wife the fifth part of his estate for maintenance of herself and children. Shortly afterwards, October 8, in the same year, three persons, of whom Mr. Phelps was one, were appointed to sort the Scotch records in the London Tower
, to report to the council, and in the meantime not to permit any records to go to Scotland but what should be particularly viewed by them.
The affair was concluded when, August 8, 1654, a warrant was directed to the Commissioners of Excise to pay to Phelps the stipulated sum. It appears incidentally that John Phelps was well up in shorthand, which must have helped him more than a little, for he took in that way all the evidence adduced on the trial of three persons for endeavoring to raise forces against the Protector. Not long before the overthrow of his party, an order in Parliament was made May 13, 1659, that £50 be given to John Phelps for his services as clerk of Parliament, and the money was paid soon afterwards.
Ample evidence has thus been adduced that Phelps was very useful to his party, and was not only willing but able to serve it in important capacities, whilst his continued employment show that, so far, his services were understood. This on the one side, and on the other not a word has been found which suggests that he was unduly recompensed, so that he is not to be numbered amongst the many whom, at the public cost, the Cromwellites rewarded with a lavish and unsparing hand, far beyond anything that was legitimate.
of Charles II
, the Act of Indemnity and Oblivion
was passed as a gesture of reconciliation to reunite the kingdom. A free pardon was granted to everyone who had supported the Commonwealth and Protectorate, except for those who had directly participated in the trial and execution of King Charles I eleven years previously. In England, a special court was appointed and in October 1660 those Regicides who were still alive and living in Britain were brought to trial. Phelps was among those sought for prosecution.
Phelps penalty, should he be arrested, was to be "drawne upon Sledges with Ropes about theire necks:"
, Switzerland
in the company of Edmund Ludlow
, one of the regicides, and fellow clerk Andrew Broughton
. Broughton and Phelps were fortunate to live out their lives in exile in Vevay, Switzerland. During the English Restoration
, any goods which he still owned in England were confiscated. Phelps died after 1666 and was buried in St. Martin's Cathedral, alongside Edmund Ludlow, one of the judges who condemned Charles I, and his fellow clerk Andrew Broughton.
In 1881, President of the United States James A. Garfield named William Walter Phelps
minister to Austria-Hungary
, but he held this post for only a few months, resigning after Garfield was assassinated. It was apparently while serving in Austria-Hungary that William W. Phelps traveled to Vevey
, Switzerland
, where he and the Hon. Charles A. Phelps, M.D. of Massachusetts
, commissioned a memorial to their ancestor John Phelps.
The top of the monument contains the Phelps coat of arms
, described as A Lion Rampant, Gorged with a Plain Collar, and Chained.
The text of the monument reads:
In Mermoriam Of Him who being with Andrew Broughton joint clerk of the Court which tried and condemned Charles the First of England, had such zeal to accept the full responsibility of his act, that he signed each record with his full name John Phelps. He came to Vevey, and died like the associates whose memorials are about us, an exile in the cause of human freedom. This slab is placed at the request of William Walter Phelps of New Jersey, and Charles A. Phelps of Massachusetts, descendants from across the seas.
----
This article is based in part upon material originally written by Brian Phelps and licensed for use in Wikipedia under the GFDL
.
Committee for Plundered Ministers
The Committee for Plundered Ministers was appointed by the Long Parliament, then under the influence of the Presbyterians, after the start of the English Civil War in August 1643 for the purpose of replacing and effectively silencing those clergy who were loyal to the King Charles...
and of the High Court
High Court of Justice for the trial of Charles I
The High Court of Justice is the name given to the court established by the Rump Parliament to try King Charles I of England. This was an ad hoc tribunal created specifically for the purpose of trying the king, although the same name was used again for subsequent courts.Neither the involvement of...
which tried Charles I of England
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
for high treason
High treason
High treason is criminal disloyalty to one's government. Participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state are perhaps...
in 1649.
Early life
Not much is known about John Phelps' early life. He was born in about 1619 in SalisburySalisbury
Salisbury is a cathedral city in Wiltshire, England and the only city in the county. It is the second largest settlement in the county...
, County Wilts, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
. He matriculated at Corpus Christi College
Corpus Christi College, Oxford
Corpus Christi College is one of the constituent colleges of the University of Oxford in the United Kingdom...
, Oxford, on 20 May 1636, describing himself as age 17, and the son of Robert Phelps of Salisbury
Salisbury
Salisbury is a cathedral city in Wiltshire, England and the only city in the county. It is the second largest settlement in the county...
. On 1 January 1648-9 he was appointed clerk-assistant to Henry Elsing, clerk of the House of Commons.
Says Harper's Pictorial History of England, edition of 1849, pp 111–377, "The name was anciently spelled 'Phyllypes,' but has always been pronounced 'Phelps.' After the time of Edward IV
Edward IV of England
Edward IV was King of England from 4 March 1461 until 3 October 1470, and again from 11 April 1471 until his death. He was the first Yorkist King of England...
, the superfluous letters were dropped.
Phelps' opposition to the High Church and Charles I
This family opposed the High ChurchHigh church
The term "High Church" refers to beliefs and practices of ecclesiology, liturgy and theology, generally with an emphasis on formality, and resistance to "modernization." Although used in connection with various Christian traditions, the term has traditionally been principally associated with the...
, the Prerogative Party of Stafford, and Bishop Laud. They felt the British church and government under Charles I was becoming insufferably hieratic, tyrannical, and tax-hungry. Common resentment among the English people led soon to the English Revolution
English Revolution
"English Revolution" has been used to describe two different events in English history. The first to be so called—by Whig historians—was the Glorious Revolution of 1688, whereby James II was replaced by William III and Mary II as monarch and a constitutional monarchy was established.In the...
beginning in 1642. Agents intercepted his secret invitations to foreign kings and armies, that they invade England, crush Parliament
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
and the English Constitution
The English Constitution
The English Constitution is a book by Walter Bagehot. Written in 1867, it explores the constitution of the United Kingdom, specifically the functioning of Parliament and the British monarchy and the contrasts between British and American government...
, massacre his English opponents, and restore Charles to his pretended Dei gratia
By the Grace of God
By the Grace of God is an introductory part of the full styles of a monarch taken to be ruling by divine right, not a title in its own right....
royal privileges. This eventually led to the beheading of King Charles for treason in 1649. Those who opposed him felt that Charles Stuart incorrigibly continued to hold his dynastic interest separate and above those of Parliament and the British people, and ultimately Parliament had no alternative but to end his conspiracies, par coup de hache ("by blow of axe").
Phelps role in the trial of Charles I
In 1648-49, John Phelps was called by England's Rump Parliament
Rump Parliament
The Rump Parliament is the name of the English Parliament after Colonel Pride purged the Long Parliament on 6 December 1648 of those members hostile to the Grandees' intention to try King Charles I for high treason....
to serve as Clerk of High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
at the trial of King Charles I.
He became private secretary to Oliver Cromwell
Oliver Cromwell
Oliver Cromwell was an English military and political leader who overthrew the English monarchy and temporarily turned England into a republican Commonwealth, and served as Lord Protector of England, Scotland, and Ireland....
, and in the illustration at right of the trial of Charles I, is illustrated sitting on the right of the table in the center of the room. "Extracts from a True Copy of the Journal of the High Court Of Justice for the Tryal of K. Charles I:" "And in order to the more regular and due proceedings of the said Court, they nominate officers, and accordingly chose Mr. Aske, Dr. Dorislaus, Mr. Steel and Mr. Cooke, counsel, to attend the said Court. Mr. Greaves and Mr. John Phelpes, clerks, to whom notice thereof was ordered to be given." (page 7)
"Mr. Andrew Broughton attended according to former order, and it was thereupon again Ordered, That Andrew Broughton and John Phelpes be, and they are hereby constituted clerks of the said Court, and injoyned [sic] to give their attendance from time to time accordingly." (page 12)
During the trial, "on the Tuesday afternoon in Westminster Hall, the King again refused to recognise the jurisdiction of the Court;" John Phelps as the Clerk "formally demanded his answer, [the King] refused, and default was recorded." Under English law at the time, a refusal to enter a plea was entered as a guilty plea.
Reputation and government service after the trial
In ClarendonClarendon
-Places:In Australia:*Clarendon, New South Wales, a suburb of northern west Sydney*Clarendon, Queensland*Clarendon, South Australia*Clarendon, Tasmania, a National Trust property near Evandale, Tasmania*Clarendon County, New South WalesIn Canada:...
's correspondence with the Lord President, 1685-6, Wealsman, "John Phelps of Vevey
Vevey
Vevey is a town in Switzerland in the canton Vaud, on the north shore of Lake Geneva, near Lausanne.It was the seat of the district of the same name until 2006, and is now part of the Riviera-Pays-d'Enhaut District...
, ill reputation and sheriff thereof." Answer: "Mr. Phelps is so far from being of ill reputation that there is not any man in the county, nor in the army, under a better character. He is son of a loyal gentleman, Col. Edward Phelps, and brother of Sir Edward Phelps of Somerset."
John Phelps was a prominent man in the party to which he had attached himself. He was clerk and registrar of the Committee for Plundered Ministers
Committee for Plundered Ministers
The Committee for Plundered Ministers was appointed by the Long Parliament, then under the influence of the Presbyterians, after the start of the English Civil War in August 1643 for the purpose of replacing and effectively silencing those clergy who were loyal to the King Charles...
, and had chambers in the Old Palace in which the committee sat. On October 14, 1652, he was appointed clerk to the committee of Parliament which had been named to confer with deputies from Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
. He was to be allowed a clerk assistant, and it was ordered that a request be made to the first-named committee to dispense with his attendance in the meantime.
John Phelps was given instructions for "matting the room in which they were to meet, and for fitting it up so that it might be very warm. At a later period Henry Scobell
Henry Scobell
Henry Scobell was an English Parliamentary official, and editor of official publications. He was clerk to the Long Parliament, and wrote on parliamentary procedure and precedents.-Life:...
, clerk of Parliament, was required to deliver to John Phelps all papers and books returned from Scotland touching delinquents and sequestrations."
A petition having been presented to the Council of State by John, Earl of Crawford
Earl of Crawford
The title Earl of Crawford is one of the most ancient extant titles in Great Britain, having been created in the Peerage of Scotland for Sir David Lindsay in 1398. It is the premier earldom recorded on the Union Roll.The title has a very complex history...
, order was made September 1, 1653, that Mr. Phelps examine his books as to what was done by the Commissioners who had then lately been sent into Scotland as to whether any order was given by them for allowing the Earl's wife the fifth part of his estate for maintenance of herself and children. Shortly afterwards, October 8, in the same year, three persons, of whom Mr. Phelps was one, were appointed to sort the Scotch records in the London Tower
Tower
A tower is a tall structure, usually taller than it is wide, often by a significant margin. Towers are distinguished from masts by their lack of guy-wires....
, to report to the council, and in the meantime not to permit any records to go to Scotland but what should be particularly viewed by them.
Purchases Hampton Court
He had purchased the manor and royalty of Hampton Court on the banks of the Thames, part of the inheritance of the Crown, with which those who were then in power arrogated to themselves the right to deal. But this property in every way so desirable, was not to remain with John Phelps, for the first among them had set his heart upon it, and his wish must be gratified. The matter was worked out in due form and, by a committee, negotiations were opened with Phelps, the upshot being that an agreement for repurchase at £750 was concluded and the attorney-general was to direct the preparation of such assurances as would settle the property to "His Highness' " use, that is, to the use of Oliver, Lord Protector of the Commonwealth of England. There was no attempt to push the price to an extreme figure, Phelps was too shrewd a mail for anything of that kind seeing that of two valuations, one was higher by £266 than the price he had agreed to accept.The affair was concluded when, August 8, 1654, a warrant was directed to the Commissioners of Excise to pay to Phelps the stipulated sum. It appears incidentally that John Phelps was well up in shorthand, which must have helped him more than a little, for he took in that way all the evidence adduced on the trial of three persons for endeavoring to raise forces against the Protector. Not long before the overthrow of his party, an order in Parliament was made May 13, 1659, that £50 be given to John Phelps for his services as clerk of Parliament, and the money was paid soon afterwards.
Ample evidence has thus been adduced that Phelps was very useful to his party, and was not only willing but able to serve it in important capacities, whilst his continued employment show that, so far, his services were understood. This on the one side, and on the other not a word has been found which suggests that he was unduly recompensed, so that he is not to be numbered amongst the many whom, at the public cost, the Cromwellites rewarded with a lavish and unsparing hand, far beyond anything that was legitimate.
Prosecution after the Restoration
In August 1660, following the RestorationEnglish Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
of Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
, the Act of Indemnity and Oblivion
Indemnity and Oblivion Act
The Indemnity and Oblivion Act 1660 is an Act of the Parliament of England , the long title of which is "An Act of Free and General Pardon, Indemnity, and Oblivion"....
was passed as a gesture of reconciliation to reunite the kingdom. A free pardon was granted to everyone who had supported the Commonwealth and Protectorate, except for those who had directly participated in the trial and execution of King Charles I eleven years previously. In England, a special court was appointed and in October 1660 those Regicides who were still alive and living in Britain were brought to trial. Phelps was among those sought for prosecution.
Phelps penalty, should he be arrested, was to be "drawne upon Sledges with Ropes about theire necks:"
Exile after the Restoration
Phelps evaded pursuit and was at LausanneLausanne
Lausanne is a city in Romandy, the French-speaking part of Switzerland, and is the capital of the canton of Vaud. The seat of the district of Lausanne, the city is situated on the shores of Lake Geneva . It faces the French town of Évian-les-Bains, with the Jura mountains to its north-west...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
in the company of Edmund Ludlow
Edmund Ludlow
Edmund Ludlow was an English parliamentarian, best known for his involvement in the execution of Charles I, and for his Memoirs, which were published posthumously in a rewritten form and which have become a major source for historians of the Wars of the Three Kingdoms. After service in the English...
, one of the regicides, and fellow clerk Andrew Broughton
Andrew Broughton
Andrew Broughton was Clerk of the Court at the High Court of Justice for the trial King Charles I of England.There are not many records of his early life. He was probably born in Seaton, Rutland as the younger son of Richard Broughton...
. Broughton and Phelps were fortunate to live out their lives in exile in Vevay, Switzerland. During the English Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...
, any goods which he still owned in England were confiscated. Phelps died after 1666 and was buried in St. Martin's Cathedral, alongside Edmund Ludlow, one of the judges who condemned Charles I, and his fellow clerk Andrew Broughton.
St. Martin's Church Memorial
William Walter Phelps
William Walter Phelps , the son of John Jay Phelps, a successful New York City merchant and financier, was born in Dundaff, Pennsylvania. During his successful banking career in Manhattan, he settled in Teaneck, New Jersey, across the Hudson River...
minister to Austria-Hungary
Austria-Hungary
Austria-Hungary , more formally known as the Kingdoms and Lands Represented in the Imperial Council and the Lands of the Holy Hungarian Crown of Saint Stephen, was a constitutional monarchic union between the crowns of the Austrian Empire and the Kingdom of Hungary in...
, but he held this post for only a few months, resigning after Garfield was assassinated. It was apparently while serving in Austria-Hungary that William W. Phelps traveled to Vevey
Vevey
Vevey is a town in Switzerland in the canton Vaud, on the north shore of Lake Geneva, near Lausanne.It was the seat of the district of the same name until 2006, and is now part of the Riviera-Pays-d'Enhaut District...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
, where he and the Hon. Charles A. Phelps, M.D. of Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, commissioned a memorial to their ancestor John Phelps.
The top of the monument contains the Phelps coat of arms
Coat of arms
A coat of arms is a unique heraldic design on a shield or escutcheon or on a surcoat or tabard used to cover and protect armour and to identify the wearer. Thus the term is often stated as "coat-armour", because it was anciently displayed on the front of a coat of cloth...
, described as A Lion Rampant, Gorged with a Plain Collar, and Chained.
The text of the monument reads:
In Mermoriam Of Him who being with Andrew Broughton joint clerk of the Court which tried and condemned Charles the First of England, had such zeal to accept the full responsibility of his act, that he signed each record with his full name John Phelps. He came to Vevey, and died like the associates whose memorials are about us, an exile in the cause of human freedom. This slab is placed at the request of William Walter Phelps of New Jersey, and Charles A. Phelps of Massachusetts, descendants from across the seas.
----
This article is based in part upon material originally written by Brian Phelps and licensed for use in Wikipedia under the GFDL
GNU Free Documentation License
The GNU Free Documentation License is a copyleft license for free documentation, designed by the Free Software Foundation for the GNU Project. It is similar to the GNU General Public License, giving readers the rights to copy, redistribute, and modify a work and requires all copies and...
.