From around the mid 1670s until the mid 1720s, there were certain areas in London whose inhabitants claimed certain rights and liberties, most notably to be free from being arrested for debt.

Imprisonment for debt was a constant threat for nearly everyone in eighteenth century London. Due to the scarcity of coin, many transactions had to be done on credit, making everyone a debtor of sorts, even if they were owed more than owing. And because this was a civil process, not a criminal one, everyone was at the mercy of their creditors, who had a powerful legal arsenal at their disposal. Debtors could be confined before any hearing. Release could only be obtained through settling the debt, even though imprisonment precluded earning the money necessary to do so. No determinate sentence was set, and time in jail did not work off any of the sum owed. Consequently, debtors could find themselves locked up for very long periods for trifling sums.

Many creditors resorted to the law, and many people suffered for it. The available figures suggest there were thousands of debtors incarcerated at any one time. Before the American revolution ended transportation, the vast majority of the prison population were debtors. The prison reformer John Howard found 2437 so incarcerated in 1776; a pamphlet of 1781 listing all the debtors released by the Gordon Rioters from London’s prisons alone gave a similar number; government enquiries revealed 9030 locked up in 1817. To hold all these people there was a vast national network of gaols: nearly 200 across England and Wales in the eighteenth century, with 10 in London and Middlesex and 5 more in Southwark

One way of avoiding prison was by taking refuge in the sanctuaries. There were eleven of these active in London and surrounds in the 1670s: on the north bank of the Thames in Farringdon Ward Without were Whitefriars, Ram Alley, Mitre Court, and Salisbury Court; on the north side of Fleet Street Fullers Rents; the Savoy off the Strand, the Minories by the Tower, Baldwin’s Gardens in Middlesex, and in Southwark Montague Close, The Clink and The Mint.

Each of these places claimed some sort of independent jurisdiction. In some case, such as Whitefriars, Montague Close and the Minories, there was a memory of religious sanctuary, notwithstanding the abolition of that right under James I. In others, there were charters allowing a level of autonomous governance, as with Whitefriars again, and the Clink. The Savoy was owned by the Duchy of Lancaster. And with the Mint in Southwark, there seemed to be both an administrative vacuum, and the ambiguity of being within the ‘Rules’ of the King’s Bench, an area outside that prison but where inmates were allowed to live.

What all these refuges had in common was a population of debtors prepared to physically defend these claims and take on the bailiffs that would arrest them.

Poor Robin’s Intelligence was a two page broadsheet, written by the hack journalist Henry Care, published through 1676 and 1677, and sold by “the General Assembly of Hawkers” on the streets of London. Care coined the term ‘Alsatia’ for the area around Whitefriars, after the territory nominally part of France but with many independent cities.

Although not a resident of any of the sanctuaries, Care was clearly well informed of the goings-on in them, and regularly reported, in a fantastically florid and mock-heroic style – but always sympathetically – the frequent battles with the bailiffs.

An early account of such a fight described the ‘Amazons’ of The Mint in Southwark, one of the longest lasting sanctuaries, surviving until 1723. On its dissolution, nearly 6,000 Minters applied for relief and exemption from prison, giving an indication of the size of that shelter. Of these, some 7.5% were women. Although, under the iniquitous doctrine of ‘Feme Covert’, married women and their property were subsumed to their husbands and so not considered capable of having debts in their own name, single and widowed women were at risk of imprisonment as much as men. And judging by Care’s account, they were fearsome opponents of the duns:

“From the Mint in Southwark, May 17” [1676]
“A party of Counterians [bailiffs] strongly ammunition’d with Parchment and green Wax [Warrants of arrest], lately made an entrenchment upon the prerogative of this place, hoping to bring us in subjection to those Laws from which by custom we are exempted; but the White and Blew Regiments of our Amazonian guards resisted them with such an invincible courage, that the assailants were forced to a very base and dishonourable submission, prostrating themselves in the very Highway, and begging Quarter; their chief Commander we took prisoner, who freely offer’d all his wealth for his ransome; so that being solemnly sworn upon a Brick bat, never again to make the like presumptuous attempt, and humbly acknowledging himself to be the son of a Woman by birth, and a Rogue by practice, with the blessing of a good woman, which she gave him cross the pace with a Broom-staff, he was by consent dismiss’d.”

Most of the sanctuaries were dissolved by statute in 1697; the Mint persisted until abolished by legislation in 1723. Refugees from there set up in Wapping for a short period, until suppressed by the army. Civil imprisonment for debt was ostensibly abolished in 1869, but in reality was made ‘contempt of court’, a criminal offence. Coupled with the increasing financial demands of the state upon the population by way of taxes, imprisonment for debt continued unabated.

For moer on the debtors’ sanctuaries, see Alsatia.org.uk

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