Court Prison, Birmingham, Warwickshire
In 1752, the Birmingham Court of Requests was established to deal with small debts of up to 40 shillings for the Birmingham and Aston area. Larger debts continued to be dealt with at the county court. The court was held in a room in the room above the Old Cross and 72 'commissioners' were chosen from the local area to pass judgement, only three sitting for each hearing, and always on a Friday. The building was also shared with the town’s magistrates. Those confined by the court were held in a prison on Philip (later known as Phillips) Street. It was described in 1784 by John Howard as:
Two rooms below : and two above with beds, for which each prisoner pays is. 6 d. per week. Only one day room for men and women : a court 13 feet 10 inches by 13 feet : no water. Court of conscience debtors are here confined, who by 25th Geo. II. are discharged in forty days. Fees, 5s. Clauses against spirituous liquors not hung up. The prisoners are not permitted to work. The keeper informed me that he was obliged to pay a shoe-maker's debt of sixteen or seventeen shillings and costs, for permitting
1782, June 24, | Prisoners 7. |
1782, Nov. 26, | " 3. |
1788, Feb. 13, | " 7. |
In 1784, the Old Cross building was demolished the court and magistrates moved to a house located in a passage off the High Street, opposite the end of New Street.
In 1812, James Neild gave his account of the Philip Street prison:
Gaoler, John Downes. No Salary; except what may arise from Fees, paid on serving Warrants of Execution, or for the furnishing of Beds.
Surgeon, as wanted, is sent from the Work-house.
Number of Debtors,
1802, Nov. 5th, | 1. | 1803, Aug. 23d, | 2. |
1805, Nov. 1st, | 2. | 1810, Aug. 6th, | 5. |
Allowance, none whatever was granted at the time of my two first visits: But in Nov. 1805, I was informed that poor Prisoners had a scanty dole of threepence per day from their respective parishes
REMARKS.
This wretched receptacle for Debtors, in Birmingham, is situate in Philip-street; and consists of a dank, dirty dungeon (of about 10 or 11 feet square) with a descent by seven steps to receive Men and Women; which has one sleeping-room above it, about 12 feet square, with straw laid on the floor. These stand in a little back court-yard, not quite 14 feet square, belonging to the Keeper's house; where are three other rooms, furnished with beds for those who can pay him two shillings per week. The dungeon is occasionally used as a day-room, on account of its vicinity to the court-yard; and I have been informed that frequently it has had four, and at one fifteen Prisoners in it.
In 1807, the court moved again, to the a large building on Moor Street. An Act of Parliament then allowed the court to deal with those with debts up to £5. In 1809, a part of the premises was converted into a new debtors' prison, finally allowing the closure of the Philip Street prison. In 1812, James Nield noted that the new accommodation still allowed the male and female prisoners continue to associate in the day-time.
In 1837, the Inspectors of Prisons reported:
Construction.—This is a house in a rather dilapidated condition, and in a neglected state. The windows are in bad order, and do not open and shut freely; that they are often broken is, I believe, the fault of the Debtors. In one room for Poor Debtors I found a long wooden board raised on each side, and covered with straw, which was to be the foundation of their bed. A scanty bedding is provided. Here, about 12 or 14 herd together. Those who are a little better off in their circumstances sleep two in a bed. There are two Rooms holding four beds, one with two beds, and another with only one bed. There is a separate Room for Females.
There are two Yards, one for the higher class, another for the lower Debtors. There are two Privies in the former Yard, and one in the latter. There are no Pumps in the Yards, but there is a supply of water. There are four Day Rooms. During seven years there have been two or three escapes. It has a boundary wall.
Management.—One pound and a half of bread is allowed daily. The Keeper and his wife live in the house, and appear to do the best which lies in their power under the very peculiar circumstances in which they are placed.
The Keeper charges 2s. a week for beds, and changes the sheets once in three weeks or a month. As to cleanliness, that is a virtue which is seldom visible in the Debtors' apartments, even in the best arranged gaols, and it is hardly necessary to add that it is not found here. All the Debtors who are here. are sent for debts under and up to 5l. The higher class of Debtors go to Warwick Gaol. The term of imprisonment is from 20 to 100 days. The number of days is usually proportioned to the amount of the debt. Prisoners are allowed to labour at trades, but the profit must go to the creditor.
This Prison is exclusively for Debtors of the Court of Requests for the town of Birmingham, and the hamlet of Deritend thereto adjoining.
The court is constituted by two Acts of Parliament; the first passed 25 Geo. 2, c. 34, intituIed "An Act for the more speedy Recovery of Small Debts within the Town of Birmingham and Hamlet of Deritend thereto adjoining, in the County of Warwick;" and the other, in 47 Geo. 3, s.1, c.14,. intituled, "An Act to alter, amend and enlarge the Powers of an Act passed in the 25th year of his late Majesty, for the more easy and speedy Recovery of Small Debts within the Town of Birmingham and Hamlet of Deritend thereto adjoining, in tile County of Warwick."
The Prison is under the superintendence of the Beadle of the Court, and is visited by him daily. There is also a visiting committee of Commissioners appointed by the court annually, for the purpose of inspecting the Prison, and who visit the same whenever they think proper to do so; and it is open at all times for the inspection of the Magistrates and the Committee of the Board of Health.
I am enabled to add, that the Beadle and the two Clerks of the Debtors' Court (who are the Proprietors and Managers of the Prison for the time being) have no interest in the continuance of it; they are indifferent as to the maintenance, of the House, which is to them a source of care and of responsibility; and they would not be sorry to see the charge of their prisoners transferred to another and a better prison.
Care of the Sick, Disease and Mortality.—There is no regular Surgeon; but the Parish Surgeon attends when he is sent for, which is a very rare occurrence. There has been no death during the last year. No epidemic cholera occurred here.
Religious and other Instruction.—There is no Chaplain. A Dissenting Minister voluntarily performs Morning and Evening Service on Sundays, and delivers a Sermon.
Expenditure.—There are no funds applicable to the expenses of the Prison, the expenses thereof are sustained by the two Clerks and Beadle of the Court. The two Clerks and Beadle, by authority of the Acts above specified, have rented the house in which the court is held, and in which. the Prison is contained. All the repairs of this Gaol are paid for by the two Clerks of the Debtors' Court.
The Keeper is elected and paid by the Beadle of the Court.
GENERAL STATISTICS,
Population.—In the year ending 1st January 1833, the greatest number confined at any one time was 42. During 1832, 424 Male and 24 Female Debtors were admitted. The average number appears to be 18 or 20.
The was prison closed in 1844. Prior to the opening in 1849 of the new gaol and bridewell at Winson Green, Birmingham debtors were sent to the Warwick County Gaol. The Moor Street site now lies under the Bullring shopping centre.
Records
Note: many repositories impose a closure period of up to 100 years for records identifying individuals. Before travelling a long distance, always check that the records you want to consult will be available.
- The National Archives, Kew, Richmond, Surrey, TW9 4DU. Has: State of debtors' prison at Birmingham (1843-1845).
- The National Archives, Kew, Richmond, Surrey, TW9 4DU. Has a wide variety of crime and prison records going back to the 1770s, including calendars of prisoners, prison registers and criminal registers.
- Find My Past has digitized many of the National Archives' prison records, including prisoner-of-war records, plus a variety of local records including Manchester, York and Plymouth. More information.
- Prison-related records on
Ancestry UK
include Prison Commission Records, 1770-1951
, and local records from London, Swansea, Gloucesterhire and West Yorkshire. More information.
- The Genealogist also has a number of National Archives' prison records. More information.
Bibliography
- Higginbotham, Peter The Prison Cookbook: A History of the English Prison and its Food (2010, The History Press)
- Brodie, A. Behind Bars - The Hidden Architecture of England's Prisons (2000, English Heritage)
- Brodie, A., Croom, J. & Davies, J.O. English Prisons: An Architectural History (2002, English Heritage)
- Harding, C., Hines, B., Ireland, R., Rawlings, P. Imprisonment in England and Wales (1985, Croom Helm)
- McConville, Sean A History of English Prison Administration: Volume I 1750-1877 (1981, Routledge & Kegan Paul)
- Morris, N. and Rothman, D.G. (eds.) The Oxfod History of the Prison (1997, OUP)
- Pugh R.B. Imprisonment in Medieval England (1968, CUP)
Links
- Prison Oracle - resources those involved in present-day UK prisons.
- GOV.UK - UK Government's information on sentencing, probation and support for families.
Except where indicated, this page () © Peter Higginbotham. Contents may not be reproduced without permission.