Trove of Solicitors’ Documents Adds Texture to the Life of a Female Ancestor

Or How I was able to discover more about Phillis Rooke (the Younger)

Many years ago, while Googling the name of an ancestor, I came across a long list of documents held by the Somerset Heritage Archive. The documents relating to the Baily and Turner families comprise a small part of a collection belonging to a solicitor in Wells, Somersetshire in the 18th and 19th centuries.    The descriptions of the items sounded dry.  For example, “Original bundle of letters from Phillis Baily and others on financial matters.” The documents include drafts of deeds, receipts and vouchers, indentures, and correspondence, mostly from the clients to the solicitor.  I was just hoping for a few dates or tidbits, or maybe to figure out what property the family owned, and when.

But in fact, I found the sort of information that breathes life into our ancestors’ experiences.  One that sticks out the most to me is Phillis Baily, nee Rooke.  Over many years, she wrote hundreds of letters to the solicitor who helped manage the family’s legal affairs. Yes, there were some dry and hum-drum letters, but many of them were filled with details of a very difficult time in her life.   

Bundle of letters at Somerset Heritage Archives. Photo credit: Nimrod Research

To begin, some background:

Phillis Rooke was born on the 16th October 1770 in Calcutta, India. Her father, George Rooke, was a Captain in the East India Company.  Her mother was Phillis Michell, who had come to India with her first husband Samuel Case, who died young.  George was the descendant of the sister of Sir George Rooke, a renowned admiral in the late 1600s.  The Michell family were wealthy landowners in Wiltshire. 

Young Phillis and her parents returned to England in 1775, and she and her younger sister Ann were both baptized on the 21 September of that year at Chitterne All Saints in Wiltshire, where her mother’s family came from. 

The girls were very young when their father died in 1779, on his return voyage to India. 

At the age of 19, Phillis (the younger) married Edward Seymour Baily, on the 9 October 1790.  They married by license, with her mother and her uncle Robert Michell giving permission for the marriage.  

From the parish registers of Wells St. Cuthbert, Somersetshrie

Both Phillis and Edward were, in theory, heirs to some sort of fortune.  Edward had inherited Whiddon Park as the eldest son of Mary Baily, nee Seymour.  Mary Seymour was an heiress or sorts, inheriting at least £16,000 from her father.  Sadly, it is said that the Seymour-Baily fortune was much diminished by Mary’s husband John Baily. 

Phillis inherited from both her father’s and mother’s families.  George Rooke had inherited from the estate of Sir George Rooke (the Admiral).  This inheritance comprised of freehold estates in Ivechurch (Ivychurch), Brookland, and Ashford, in the county of Kent.  Phillis’s father George did not leave a Will, but in June of 1776 had signed an indenture with the purpose of providing for his wife and daughters in the event of his death.  This included a “marriage portion” for Phillis of £1000, to be paid when she married, as well as half of the remaining estate when her mother died.  Phillis Rooke the Elder had also received a portion of her uncle Robert Michell’s estate, when he died in 1779.  After her death, her share was to be divided between her two daughters.

Of course, in the 18th century, upon marriage, a woman’s property became her husband’s property.  In this case, a marriage settlement was arranged, and signed two days before the marriage in 1790. In this first settlement Edward put his property of Whiddon Park in Chagford into the hands of Trustees, making provision for Phillis’ “jointure” after his death, and for any children they may have.  A second settlement was drawn up in 1792, presumably after Phillis turned 21, dealing with the Kent lands.  When Phillis’ mother passed away in 1793, Phillis became entitled to half of her mother’s share of Robert Michell’s estate.  Then when her sister Ann died in 1801, unmarried and with no issue, Phillis became her heir as well.

Unfortunately for Edward and Phillis, despite having inherited estates, their financial situation was gloomy.  For example, Edward had no other assets besides Whiddon, and there was a mortgage on the property.  Whilst serving in the navy he would have drawn a salary, but afterwards he had little in the way of income.   On Phillis’ side, £3000 inherited from the Michell uncle had to be advanced to pay off the incumbrance created by George Rooke on his estate.  In 1798, the Bailys petitioned for an Act of Parliament to sell the Kent lands.[i] The net amount received from the sale was £25,128.  Half of this was Mrs Baily’s share, the other half belonged to her sister.  Mr and Mrs Baily used their share to buy property closer to them, in Somerset.  Funds were also invested in stocks.  When stocks were sold the sum was advanced to Edward towards a mortgage on Whiddon, and also to purchase a house in Devizes, Wiltshire.  Over the ensuing years, money was a fraught issue, as the correspondence from Phillis to the solicitor highlighted.

Edward and Phillis had two children.  The first was Mary Jane Baily, born in 1793 in Hungerford, Berkshire.  It was not until 6 years later that they had their second child, born in Bath and named after his father.

Around 1802, Edward left his wife.  Although I have not come across the reason for this, it appears that he kicked her out of Whiddon, and denied her the income which was rightfully hers under the terms of their marriage settlement.  Furthermore, he expected her to raise the children without much assistance from him.[ii]  With a nine-year-old daughter and a son maybe 2 or 3 years old, I can imagine this must have been a devastating time for Phillis.  I have not seen any letters for the period 1802-1803, but certainly in 1804, two years on, she was begging the lawyer, Edmund Broderip, to help her.  For example, in May of 1804, she wrote to him asking if he had met Captain Baily “and if you could prevail on him to do any thing for the welfare of myself and children.”  For several years, she wrote to Mr Broderip, asking for his advice, begging for him to speak to her husband, and frequently asking for the chance to talk to the lawyer in person.  For example, in January of 1804, she wrote “let me know when & where I can see you as I must positively speak to you on my own affairs for I cannot depend on my own Judgement without the advice of a friend as well as a man of business and I have always met in you one of my best friends.  I still hope you will continue such & give me your opinion when I ask it.”[iii]  In September 1804, she wrote “life is Melancholy & a terable [sic] going on & my Debts so much press on my mind it makes me quite reched [sic].” [iv]  It appears that she at least had the yearly £160 that came from her sister’s estate, but it is uncertain what else she received.  Captain Baily appeared to show little interest in the children.  Phillis wrote to Mr Broderip in May 1804 “Captain Baily has never troubled himself about them”.[v] 

Snippet of a letter from Phillis Baily

Mr Broderip did – eventually – try to intervene in her situation.  He wrote to Captain Baily in September of 1804.  He pointed out to Captain Baily that he was not paying his wife what she was entitled to under their marriage settlement.  On top of that, she had many unpaid debts. “I must try to call your serious attention to Mrs Baily’s unfortunate situation & the state of her affairs.  You may remember I informed you that she was involved considerably in debt & that these debts must be paid.”  He pointed out she was entitled under the marriage settlement to £160 a year out of the income of her own property to be at her own separate disposal “& this she is of course intitled to from the time you parted.”  He added that her debts must be paid, and that Captain Baily must make a decision: if he is determined not to live with Mrs Baily again, something has to be done about her unfortunate situation.  Furthermore he must think about his innocent children: “it is cruel that they should suffer which must inevitably be the case.”[vi]   

 As their son Edward got older, it was an ongoing refrain on Phillis’ part that her husband took no interest in their son’s education.  In 1804, she wrote: “A Boys Education is what women do not understand & as Cap’tn Baily does not trouble himself about it”, she wanted to consult with her uncle, Thomas Eyre.  She also said she did not want her son too far from home, as she was concerned about his health, wanted to keep little Edward near the sea.   Yet she was reluctant to take up the issue directly with her husband, and asked Mr Broderip to “have the goodness to talk to him about the Child’s Education.”[vii] 

In August 1808, she complained that “the School I now send him to is so near me that he is continually wanting to come home which at his age is a shocking thing as it unsettles him. It was always the wish of my friends to place him at a distance from me it was my wish also to do it but it is impossible to Educate him as he ought to be Educated.  On My Sisters Income alone[viii], and any school [away] from Devizes is much more expensive. I do not think it improper or unjust my asking Captain Baily to contribute something towards his Son’s Education.”  She wanted to send Edward to a Mr Bayly, “a Gentleman who is also a Clergyman” who her family had known for some years, a man of “unblemished character.”  While this school was comparatively expensive, she felt “Edward’s delicate health makes me wish to put him at first where there are not so many Boys & Mr Bayly has a limited number.”  She again wrote about sharing the cost of the school fees.  “It seems to me a prevarication his Children’s Education hitherto has been of no expense to him, and I cannot help thinking it but fair for him to bear his share, or Edward’s expenses, he makes no objection to the school knowing Mr Bayly, nor does he think the price too much … I cannot Educate Edward without assistance.”[ix]  She pointed out in another letter that she had given Mary a good education, inferring Captain Baily had not contributed to it[x].  By mid-1809, it appeared that Captain Baily was contributed something towards Edward’s education, but not enough, and by no means half.  “His Board is an hundred Guineas a year besides books & the Expense of conveying him backwards & forwards which would be the case at any school, as I cannot Educate Edward properly with so small an assistance and keep House I must apply to my friends.” She expressed the concern that she might need to give up “housekeeping”, as she could not afford to keep house and pay for Edward’s school.  Also, she pointed out, Mary is “just coming into life”, meaning her expenses would increase; and as for herself, “I flattered myself that I was settled Comfortable.” 

Snippet of letter from Phillis Baily

At this point, her uncle, Robert Michell stepped in and wrote to his sister (Phillis’ aunt), Mrs Eyre.  “Mrs Baily seems to be in much distress & has been advised to apply to me as her trustee to get Mr Edward Baily to do her justice as he has thrown the children on her to keep only allowing twenty pounds a year towards it, & withholding the hundred & eighty pounds a year[xi] which her mother settled on her for her separate use.”  Mr Michell continued, “Mr Edward Baily has got her marriage settlement[xii] which certainly aught not be left in his hands, she requests therefore to have the settlement placed in proper hands & that he will pay her the hundred & eighty pounds a year, which is her just claim, when she will keep the Children without requiring more altho’ it would be only her right that he should be at least half that expense, I therefore beg you will have the goodness to speak to Mr Broderip about the above business and advise what is to be done in Mrs Baily’s behalf – in her marriage settlement I know Whiddon Park was settled on her & her children & I believe the hundred & eighty pounds a year also.”  Mrs Eyre forwarded the letter to Mr Broderip with a cover note reading “It certainly appears a very hard case on Mrs Baily if she cannot have redress that he should receive all her fortune & pay nothing for the maintenance of his Children.  What her Sister left her appears to have nothing to do with the first settlement & have the settlement come into Mr Baily’s hands appears to me as extraordinary.” [xiii]  By August, the fact that Mrs Baily had formally applied to her Trustees to pay her the £160 a year as per the marriage settlement was communicated to Captain Baily, who needed to give direction so that the sum would be paid out of the rents on the estate which he receives.[xiv]

The Circus, Bath, accessed at Rare Old Prints, http://www.rareoldprints.com/p/1312

Conflict with Captain Baily’s sister, Mrs Mary Bruce

In her letters to Mr Broderip, Phillis also complained that her sister-in-law, Mrs Mary Bruce, was taking her daughter Mary out of school too often.  The headmistress, Mrs M Whittaker, of Belvedere House, also made a pointed remark to Mr Broderip “[Miss Baily’s] absence could not but be a matter of regret to us as she had evinced an anxiety for her own improvement during the last half-year that had afforded us much pleasure, & we lamented so long an Intermission to her various employments.”[xv]  Again in January of 1806, little Mary’s absence from school was commented on.  Mrs Whittaker also complained to Phillis “that when Mrs Bruce come to Bath in the middle of the half year, Mary slept at her House five nights,” and that “it is impossible she can improve [if] taken out so much.”[xvi] 

In one letter, Phillis comments that her Aunt Eyre did not like her staying with Mrs Bruce “as it was not a place for me.”[xvii]  In late 1805, the children of an acquaintance told Phillis that it was “reported in the school that Captn Baily & myself were parted, Mary told it which I concluded she was desired to do, by Mrs Bruce.”[xviii] 

At another point in time, young Mary had asked to spend part of the Christmas holidays with her aunt Mrs Bruce.  Phillis replied, with some jealousy evident “I told her I expected her to be with me, as Mrs Bruce has her so often & I did not & also her extravagance of Dress with Mrs Bruce & going to Plays etc was what I could not afford nor did I think so much of it necessary at her age.”  She added that if Captain Baily wanted Mary to stay with Mrs Bruce, then it must be at his expense.   Later in 1807, she expressed a more serious concern.  She told Mr Broderip that she did not have a copy of her marriage settlement, as she had left it at Whiddon.  “Sometimes I think Mrs Bruce’s grand secret is that they have Destroyed it.”[xix]

Concerned what other people thought of her

  • Sometimes here letters showed a high level of anxiety, sometimes centred around what other people thought of her:
  • She seemed to feel the need to justify herself for seeking out her mother’s family for help and support.  For example, in early 1804, she wrote “I hope you will not think I am extravagant but it is one of the greatest pleasures I have is to come & spend a little time with them [her uncles and aunts] as they are always glad to see me.” [xx]
  • She seems afraid of appearances.  For example, she wanted to visit her aunt Mrs Eyre in Wells, but wanted Mr Broderips assurance that Captain Baily would not also be in Wells “because it would be awkward for him to be in the Town and not come there and see me”. [xxi]
  • At the same time, she was afraid of upsetting people: she had delayed accepting her aunt Eyre’s invitation, because she had not heard yet from Mr Broderip whether her husband would also be at Wells.  She was afraid her aunt would be displeased that she had not yet responded.[xxii]   
  • Phillis seemed concerned with whether people would think her a bad mother.  She told Mr Broderip that she had written to her daughter Mary while the child was staying with Mrs Bruce: “Mrs Bruce cannot say that I never wrote to my Child or thought of her on my return from hence the other day she told me that if I did not Chuse to write to her & that Mrs Hopkins should say & all her friends that it was extremely odd I did not write to my child – this Mrs Bruce cannot repeat again.” [xxiii]

Where did Phillis and the children live during this time?

It appears from the earlier letters that she spent some time with her sister-in-law Mrs Bruce, as well as visiting for periods of time with her Michell uncles and aunts in turn.  At some point, maybe from around 1803, she was living in Devizes, with a Mrs Carpenter and her daughters.  Phillis herself was not the “housekeeper” (in this sense, meaning being in charge of her own household).   Over the years, her aunt Eyre in particular encouraged her to establish a place of her own.  She wrote on this subject to Mr Broderip in November 1806. She’d had the opportunity to meet with him to discuss this, and she wrote “I think if he [Captain Baily] comes here the beginning of the new year, which has ever been his custom Mrs Carpenter & myself had better to talk to him about the wishes of my friends and then I will let you know what he says.” [xxiv]  Late in 1807, Mrs Carpenter passed away.[xxv]  Early the next year, her correspondence with Mr Broderip touches on setting up her own household.  She quoted her uncle Thomas “if you do move from Devizes why not come & live amongst us, we can get you a nice snug small House.”  She also asked if Captain Baily had mentioned her sister’s plate and linen: “the Linen he has the whole of; he once offered to send it to me when I was going to keep House before.”[xxvi]  By March 1807, she was established in her own household, which made her feel proud.  She was paying rent, so it seems it was not the house that the Bailys had earlier bought at Devizes.  Captain Baily came and stay with her at times.[xxvii]  In July 1808, she commented that “Captain Baily has been staying here sometime he seemed very happy and Comfortable and said he should come again soon. I think on these occasions he should join in the Housekeeping.”[xxviii] 

Market Place, Devizes, accessed at Rare Old Prints, http://www.rareoldprints.com/p/12551

Phillis buys a carriage

In Jan 1806, she wrote to Mr Broderip to ask his opinion on her buying a second-hand carriage.  She would like to ask her uncle Thomas Michell to buy it for her, if Mr Broderip were to approve, “as I am not likely to be a Housekeeper yet.” She put forward the case that it would save her having to move luggage, which she must do when travelling by coach, and it would offer more protection to her than a hack – pointing out she lacks protection because Captain Baily is not living with her. At this point, she felt she could not ask her husband his opinion.  “… to speak to Captain Baily on the Subject or any family business is impossible for me or any of this family after the rage he put himself in when we last spoke on family concerns.”  Her intention was to buy this chaise out of my Income left to her by her sister, therefore the purchase could not be any consequence to Captain Baily. [xxix]  Her uncle Thomas did purchase a carriage for her around April 1807, for a hundred and ten guineas. [xxx]

What next for Phillis?

The letters between 1804 and 1809 indicate the most tumultuous years for her.  The matter of being paid what she was entitled to was sorted out, but that was not the end of the financial difficulties.  Over the years, there seemed to be some reconciliation between husband and wife, though they did not formally live together.  He remained at Whiddon, and she lived in different places over the course of her life.  Several financial arrangements were made over the next two decades, for example regarding paying both their debts, how to share the cost of Edward’s university education, and more. 

After her daughter Mary married Reverend John Turner, in 1811, Phillis went to live with them, until their family grew too big.  After that, Phillis settled in Bath.

She died on the 28 December 1832, in Bath, but is buried at Chitterne All Saints with her mother’s family. 


ENDNOTES


[i] “Petition of Edward Seymour Baily of the parish of Chagford in the County of Devon Esqr & Phillis his Wife for and on behalf of themselves and their Infant Child,” HL-PO-JO-10-3-20; Parliament Archive.

[ii] Letter from Phillis Baily to Edmund Broderip, 3 Sep 1804; Foster of Wells, DD/FS/41/6/11, Somerset Heritage Centre.

[iii] Letter from Phillis Baily to Edmund Broderip , 27 Jan 1804, Foster of Wells, DD/FS/41/6/14, , Somerset Heritage Centre.

[iv] Letter from Phillis Baily to Edmund Broderip, 3 Sep 1804; Foster of Wells, DD/FS/41/6/11, Somerset Heritage Centre.

[v]  Letter from Phillis Baily to Edmund Broderip , 1 May 1804; Foster of Wells, DD/FS/41/6/22, Somerset Heritage Centre.

[vi]  Letter from Mr Broderip to Captain Edward Baily, Letter 1804 Sep 13; Foster of Wells, DD/FS/41/6/21 ; Somerset Heritage Centre.

[vii]  Letter from Phillis Baily to Mr Broderip, 24 Jul 1808; Foster of Wells, DD\FS/41/6/132, Somerset Heritage Centre.

[viii] Meaning the £160 she received yearly from her sister’s Will, separate from what she should have received according to the marriage settlement.

[ix] Letter from Phillis Baily to Mr Broderip 19 Feb 1809; Foster of Wells, DD/FS 41/9/11, Somerset Heritage Centre.

[x]  Letter from Phillis Baily to Mr Broderip 11 Jun 1809; Foster of Wells, DD\FS/41/6/26, Somerset Heritage Centre.

[xi] He was incorrect about the yearly sum settled on Phillis – it was £160, not £180.

[xii] Meaning the document.

[xiii] Letter from Robert Michell at Chittern to his sister Mrs Eyre at Wells , 30 Jul 1809; Foster of Wells DD/FS/41/6, Somerset Heritage Centre.

[xiv] Letter from Mr Broderip to Captain Baily, 4 Aug 1809; Foster of Wells, DD/FS/41/6, Somerset Heritage Centre.

[xv] Letter from M Whittaker to Phillis Baily 24 Sep 1804; Foster of Wells, DD/FS/41/6/36, Somerset Heritage Centre.

 [xvi]Letter from Phillis Baily to Mr Broderip, 9 Jan 1806; Foster of Wells, DD/FS/41/6/67, Somerset Heritage Centre.

[xvii]  Letter from Phillis Baily to Mr Broderip , 6 Aug 1805; Foster of Wells, DD/FS/41/6/37, Somerset Heritage Centre.

[xviii] Letter from Phillis Baily to Mr Broderip, 12 Nov 1805; Foster of Wells, DD/FS/41/6/77, Somerset Heritage Centre.

[xix] Letter from Phillis Baily to Mr Broderip, 28 Sep 1807; Foster of Wells,  DD/FS/41/6/120, Somerset Heritage Centre.

[xx]  Letter from Phillis Baily to Edmund Broderip, 1 May 1804; Foster of Wells, DD/FS/41/6/22, Somerset Heritage Centre.

[xxi]  Letter from Phillis Baily to Edmund Broderip, 1 May 1804; Foster of Wells, DD/FS/41/6/22, Somerset Heritage Centre.

[xxii]  Letter from Phillis Baily to Edmund Broderip, 24 May 1804; Foster of Wells, DD/FS/41/6/7, Somerset Heritage Centre.

[xxiii] Letter from Phillis Baily to Edmund Broderip, 3 Sep 1804; Foster of Wells, DD/FS/41/6/11, Somerset Heritage Centre.

[xxiv] Letter from Phillis Baily to Mr Broderip, 5 Nov 1806; Foster of Wells, DD/FS/41/6/91, Somerset Heritage Centre.

[xxv] Letter from Phillis Baily to Mr Broderip, 19 Nov 1807; Foster of Wells, DD\FS/41/6/116, Somerset Heritage Centre.

[xxvi] Letter from Phillis Baily to Edmund Broderip, 5 Jan 1808; Foster of Wells, DD/FS/41/9/7, Somerset Heritage Centre.

[xxvii] Letter from Phillis Baily to Edmund Broderip , 31 Mar 1808; Foster of Wells DD/FS/41/9/4, Somerset Heritage Centre.

[xxviii]  Letter from Phillis Baily to Mr Broderip , 24 Jul 1808; Foster of Wells, DD\FS/41/6/132, Somerset Heritage Centre.

[xxix] Letter from Phillis Baily to Mr Broderip, 9 Jan 1806; Foster of Wells, DD/FS/41/6/67, Somerset Heritage Centre.

[xxx] Letter from Phillis Baily to Mr Broderip, 24 Apr 1807; Foster of Wells, DD/FS/41/6/112, Somerset Heritage Centre.

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