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City of London Corporation
The London Archives

Debtors and Bankrupts

Research Guide
Debtors in prison

1. About this guide

This guide provides an overview of records relating to people in London who experienced financial problems, debt and bankruptcy. The National Archives have extensive records on debtors and bankrupts. See their research guide on Bankrupts and Insolvent Debtors.

2. What do I need to know?

2.1 Historical context

By the 14th century, all creditors could report those who owed them money to be committed to prison to secure payment of their debts. Debtors formed one of the largest groups of prisoners, and while they were granted extensive privileges, including the right to work at their trade and profession while imprisoned, financial failure was punished as a criminal offence. It was not until the 19th century that legislation moved away from the punishment of debtors towards methods of financial remediation.

2.2 The difference between debtors and bankrupts

Until 1861, only traders or merchants who made a living through buying and selling could legally be be considered a bankrupt. An insolvent debtor was anyone who was unable to pay their debts. From 1861, access to bankruptcy procedures was extended to include non-traders.

2.3 Parliamentary Acts

There are various Acts of Parliament that will inform your research and help work out what records you may need to search. Some of these acts include:

3. Court records

By the 14th Century, the obligation to repay a loan was recorded in a recognizance, in which the debtor acknowledged that a debt was payable. A large number of these are recorded between 1273 and 1312 in Letter Books A and B. Please see the research guide on City of London Corporation: administrative records for more information. For a guide to records of criminal court cases, see the Criminal court cases: an overview research guide.

3.1 Mayor's Court (CLA/024)

The Mayor's Court's in the City of London was overseen by the Lord Mayor and aldermen, and it dealt extensively with debt litigation and creditor enforcement. Cases could be referred up from the Sheriffs' Court, and it often dealt with more complex cases, including merchant law. There was no monetary limit on the actions which could be heard, which was popular because of the speed with which suits could be dealt with in comparison to other courts, and was far cheaper than recourse to the royal courts at Westminster. The Mayor's Court was merged with the City of London Court in 1921.

3.2 Sheriffs' Court (CLA/025)

The Sheriff's Court was in effect two parallel courts presided over by each of the two elected Sheriffs in the City of London and held in the two compters. The Sheriff's Court dealt with most day-to-day litigation, and was the principal means of debt recovery in the City of London, though it was confined to small debts. It became the City of London Court in 1867.

3.3 Court of Requests (CLA/038)

The Court of Requests was an offshoot of the Mayor's Court, created to deal with small cases more efficiently. It appointed commissioners to hear cases for the recovery of small debts not exceeding 40 shillings. It was abolished in 1847 and its business transferred to the Mayor's Court.

3.4 City of London Court (CLA/026)

The City of London Court was formed out of the Sheriff's Court in 1867. The court handled actions of debt and other personal actions arising within the City. The court was merged with the Mayor's Court in 1921.

3.5 City of London: Courts of Law (CLA/040)

The records of Courts of Law show the civic authorities dealing with criminal matters as agents of the Crown within the City. It includes papers relating to cases of both debt and bankruptcy.

3.6 County Courts

Following the 1846 County Courts Act, a system of local courts was created to aid the recovery of small debts. The London Archives holds select records from:

4. Prison records

4.1 Compters

In the City of London each Sheriff was responsible for a compter (pronounced counter), which were originally debtors' prisons, but which held prisoners who had committed a variety of crimes. The records of the compters are limited, and do not cover the whole period they were open. They include:

  • Poultry Compter (CLA/030)
  • Wood Street Compter (later Giltspur Street Compter) (CLA/028)
  • Giltspur Street Compter (CLA/029)

4.2 Other prisons

Other prisons that housed debtors include:

Like the compters, not all the records from these prisons have survived and some have extensive gaps. While Ludgate Prison, Southwark Compter and Newgate Prison held people imprisoned for a variety of crimes, Whitecross Prison was solely a debtors' prison.

5. Release of debtors in the City of London and Middlesex

5.1 City of London

The City of London and Southwark Sessions include records relating to prisoners for debt who were seeking to be discharged from many of the City prisons. Records include:

Insolvent debtors books

Minutes of proceedings at sessions of the peace relating to prisoners for debt who were seeking to be discharged. Creditors' names are usually given, and a note made of fugitives. Mainly for the City of London, but there are appearances for the borough of Southwark. Records include:

Debtors' schedules

Debtors' schedules show the real and personal estate, debts of a person, with petitions for discharge. There are occasionally other related papers of persons imprisoned for debt in the prisons of Fleet, Newgate and Ludgate, and Poultry and Wood Street compters. These papers give the name, residence, and occupation of the debtor, and the name and addresses of creditors. Records include:

5.2 Middlesex

The Middlesex Sessions include records relating to prisoners for debt who were seeking to be discharged from prison in Middlesex. Prisoner applied from Newgate, Whitechapel Prison, Westminster Gatehouse, St Katharine by Tower, Stepney Gaol, the Dean and Chapter of St Paul's and the Duchy of Lancaster.

Insolvent debtors' petitions

The records include, petitions, list of creditors, summons to creditors, orders to keepers of prisons to bring the debtors to Justices, lists of prisoners, orders of discharge and schedules of effects. Records include:

  • Debtors' petitions 1669 to 1813 (MJ/SD)

Liberate fees to Sheriffs

Memorials from the Sheriffs to the Justices requesting compensation for the loss of gaol fees from debtors, giving the names of debtors discharged from Newgate and Whitecross Prisons. Records include:

6. Society for the Relief of Persons Confined for Small Debts (A/RSD)

The Society was established in 1772 on the initiative of James Neild. It was first concerned with London prisons, but by the 1780s, prisoners from other goals in other parts of the country were also being assisted.

7. Records of bankrupts

The Commissioners of Bankrupts were independent assessors who would decide whether a debtor was eligible for bankruptcy proceedings and responsible for the distribution of his assets among the creditors. In 1832, the Court of Bankruptcy was established. Records include:

8. Online records

8.1 The Gazette

While information about debtors and creditors was published in the 17th century, after the Bankruptcy Act 1705, it became a legal requirement to publish information about a commission of bankruptcy in the Gazette. From 1737, lists of insolvent debtors applying for release were also published. All previous issues of the Gazette are online.

8.3 Other resources

Online resources may have more information on specific debtors and bankrupts, including:

9. Further Reading

Our reference library has books which can help provide more information on debtors and bankruptcy, including:

  • Tracing your insolvent ancestors : a guide for family and local historians by Paul Blake - shelf mark 21.31 BLA
  • Worst poverty : a history of debt and debtors by Hugh Barty-King - shelf mark 33.4 BAR
  • Mansions of misery: a biography of the Marshalsea Debtors’ Prison by Jerry White - shelf mark 21.31 WHI