2. Understanding charitable status and trust deeds

A trust is created when legal ownership of some form of property (e.g. land or money) is given to an individual or individuals (the trustee or trustees) for the benefit of others (the beneficiary or beneficiaries).

The trust deed (sometimes referred to as an indenture or a declaration of trust) is the formal document which creates the trust. It specifies:

• Who is giving the property – the grantor
• The property being given – the trust property
• Who the trustees are
• The purpose and/or object for which the property is given
• The conditions upon which the property is given

Generally, the law does not permit trusts to be created for purposes rather than people. Charitable trusts are an exception to this rule. They are trusts created for the public benefit. They advance education or religion, relieve poverty, or promote other purposes beneficial to the community.

3. An introduction to the records held at The National Archives

To understand where to find charitable trust deeds within our collections, it is helpful to understand the legislative regimes under which they were created or recorded. In consequence of these, copies of charitable trust deeds are generally located in the records of one or more of the following:

• The Court of Chancery – later the Supreme Court of Judicature
• The Charity Commission
• For trusts relating to school and education, the Education Department

3.1 Charitable trust deeds in the records of the Court of Chancery and Supreme Court of Judicature

The Mortmain and Charitable Uses Act 1736 required that conveyances of land or other assets in trust for charitable purposes should be executed by deed and enrolled within six months with the Court of Chancery. The resulting records are located in the Chancery Close Rolls, and later in the enrolment books of the Supreme Court of Judicature as follows:

• 1736 – 1903: See record series C 54. (For advice on searching see Section 4).
• 1903 onwards: See record series J 18. (For advice on searching see Section 5).

3.2 Charitable trust deeds in the records of the Charity Commission

From 1855 charitable trust deeds could also, further to the Charitable Trusts Amendment Act 1855, be enrolled in the records of the Charity Commissioners.

From 1888 trust deeds for certain types of charities could be enrolled either with the Charity Commission, or with the Supreme Court of Judicature. Under the Mortmain and Charitable Uses Act 1888 these included trusts for:

• Houses for elementary school masters (up to one acre)
• Public parks (up to 20 acres)
• Public museums (up to two acres)

The Working Class Dwellings Act 1890 and the Technical and Industrial Institutions Act 1892 extended this to include gifts of land for those purposes.

The records enrolled under these Acts, for the period 1856 – 1925, are found in record series CHAR 12.

Finally, the Settled Lands Act 1925 required that all deeds conveying land in trust for charitable purposes should be enrolled with the Charity Commission. These records, for the period 1926 – 1963, are found in record series CHAR 13.

For further advice see Section 6.

3.3 Charitable trust deeds in the records of the Education Department

Under successive Acts of Parliament, trust deeds for educational purposes have come to be held, albeit in a rather piecemeal and haphazard way, within the records of the Education Department. Key series within which deeds, copies or extracts of deeds relating to schools may to be found, include:

• ED 21 – elementary school files for the period 1856 – 1946
• ED 29 – building grants files for the period 1860 – 1904
• ED 43 – secondary school, endowment and estate management files for the period 1894 – 1924
• ED 191 – Board of Education enrolled deeds for the period 1903 – 1920

For further advice refer to Section 7.

4. Searching for charitable trust deeds in the Chancery Close Rolls, 1736 – 1903

To find charitable trust deeds enrolled in the Close Rolls in C 54, you can do an advanced search of our catalogue within reference C 54.

You can search using combinations of the following terms:

• Date of enrolment – which had to be within six months of the execution of the trust deed
• Place – generally parish and county
• Charitable purpose – for example using key words like “religious”, “education”, “poverty”, “moral welfare”
• Charitable object – for example using keywords like “school”, “church”, “chapel”, “widows”

5. Searching for charitable trust deeds in the Enrolment Books of the Supreme Court of Judicature, 1903 – 2003

To find charitable trust deeds in the Enrolment Books of the Supreme Court of Judicature in J 18, order the volume/volumes for the relevant date/year. There are yearly indexes to these enrolment books in the Map and Large Document Reading Room at Kew.

The indexes to J 18 are arranged chronologically by the initial letter of the name of the grantor (the person making the deed). If you do not know the name of the grantor, and preferably the year of enrolment, then, for the period before 1926, you are advised to look instead at the records of the Charity Commission in CHAR 12.

N.B. If the trust deed relates to a Church of England school, then Lambeth Palace Library may be able to provide you with the date of grant and the name of the grantor. Please see their research guide on education.

6. Searching for trust deeds in the Enrolment Books of the Charity Commission

There are two consecutive series of records of enrolments.

2. How to use this guide and search for records

A search for documents at The National Archives usually begins in our online catalogue. The following sections of this guide provide links to key series that you can search within our catalogue, helping you to target your searches more precisely. By clicking on the series links (for example, ED 156) you will arrive on the respective ‘series description’ pages from where you can search the series, using keywords (such as the name of a school or county in some cases) and/or dates/years. Series description pages provide information on the arrangement of the records and sometimes some of the historical context in which they were created, as well as suggesting related series you could explore.

Use the advanced catalogue search to restrict your search results to all the records of a specific government department, including its predecessors (for example, Department of Education) – departments are identified by a letter code (the code for Department of Education is ED).

Catalogue search results provide short descriptions of our records and a document reference for each one – you will need the document reference to see the record itself. The records covered in this guide are not available to view online so to see them you will have to either visit us in Kew or order copies. Bear in mind that a search in our catalogue will also search for records in other archives around the country – keep your eye on the ‘Held by’ field to establish whether the records are here or elsewhere.

A copy of the full inspection report should always have been sent to the school (and after 1902 the Local Education Authority). If records survive, you might find them at the respective county record office. You can search our catalogue to search for these records too, using the search filters to target ‘Other archives’.

3. Elementary and primary school inspectorate reports (1839-1993)

From 1840-1899 HMI reports were printed for Parliament as part of the annual report of the Committee of Council on Education’s. Search ED 17 by year to find a set of these early reports.

These are general reports by inspection district. Until 1870 the inspectorate was organised by religious denomination so early reports are arranged by denomination as well as by district. The National Archives does not hold the original manuscripts.

You can use the table below to find other series relevant to your research.

Please note HMI did not inspect London elementary schools before 1943. Instead they wrote general subject reports based on sampling in elementary schools (ED 23/269).

4. Secondary school inspectorate reports (1850-1993)

In 1902 inspection was extended to state-aided secondary schools. For independent schools compulsory inspection was not fully effective until 1957.

From 1899 the Board of Education could inspect any school supplying secondary education that wanted to be inspected, including independent schools.

Before 1899 endowed schools were inspected by the Charity Commissioners.

5. HMI reports on other institutes

HMI reports covered many different types of institutions. Use the table below to help identify these reports:

6. Welsh schools

You may need to look in several different places for reports on Welsh schools.

Before 1970 they were filed with their English equivalents (as above.) BD 50 also contains additional material for Welsh schools from 1912-1992.

The following series contain a limited number of post-1970 inspection reports:

• BD 16 for secondary schools
• BD 72 for independent schools
• BD 71 for special schools
• BD 15 for further education establishments

You can also search by county for surveys and reports on various aspects of education provision in Wales in BD 19.

For information about the running of the Welsh inspectorate search within BD 60 (1967-1973). Here you can find material on the teaching of Welsh, and teaching in Welsh.

7. Working papers of Her Majesty’s Inspectorate (1902-1965)

In ED 23 you can find papers on

• the organisation of HMI
• recruitment
• functions relating to the education of children of British service and civilian families overseas

In ED 233 you can find regional office papers covering many topics, including:

• the reorganisation of secondary education
• employment of graduate teachers
• educational provisions for ethnic minorities
• juvenile delinquency

Similar reports from local offices are in ED 272 and include:

• surveys of curricula
• the raising of the school leaving age
• religious education
• teaching of groups with learning difficulties

You can find confidential reports in ED 9/14 and ED 251.

8. HMI circulars and memoranda (1878-1989)

These papers kept the Inspectorate informed of current educational policy and departmental procedure.

Search within ED 22 (1878-1941) and ED 135 (1941-1989). ED 22 contains a separate series of Welsh inspectorate memoranda 1907-1940.

9. Inspectorate staff lists (1839-1986)

For staff lists consult ED 270. School lists are also included within this series.

10. Further reading

Use our library catalogue to find a recommended book list.

The books are all available in The National Archives’ reference library. You may also be able to find them in a local library. You can buy from a wide range of history titles in our shop.

2. How to search for records

Search Discovery, our catalogue, to find records from over 2,500 archives across the UK, as well as from The National Archives itself. Your search results will include details of which archives currently hold the records.

Click on the title of a result for the contact details of the archive which holds the record – you will need to contact this archive for further information about the collection or the record itself.

Where the keywords you searched for appear in the description of a record, the search results are displayed under the ‘Records’ tab.

Where the keywords you searched for appear in the name of the institution or person that originally created the record (often not the same as the institution or person that currently holds the record), the search results are displayed under the ‘Record creators’ tab. For further tips on searching, see our Discovery help pages.

If you are looking for the records of a particular state-funded school you should, in the first instance, contact the nearest local archive. Use the Find an archive tool to find contact details for county and other local archives.

3. Records recently collected by other archives

Many archives regularly take in new records to add to their collections – this process is known as accessioning. Every year, The National Archives collects information about new accessions from 250 archives across Britain and Ireland. This is known as the annual Accessions to Repositories’ survey.

This information is added to Discovery, our catalogue. It is also edited and used to produce thematic digests, including one relating to education history. The digests are made available through this website and distributed for publication in a number of learned journals and newsletters. Further information is available at Accessions to Repositories.

4. Major collections

Below are details of archives and institutions that hold major collections relating to the history of education. They have been divided into two groups:

• those holding collections that relate to various aspects of the history of education
• those educational institutions of significance to the history of education, mainly schools, that hold their own records

This list does not include universities and colleges of higher or further education which retain their own archives and do not collect other records relating to the history of education.

General

Bodleian Library, Oxford University – In addition to the relevant archival collections in the Department of Western Manuscripts, which include the central records of the University of Oxford and papers of the Student Union and Graduate Union, the Bodleian holds the Opie Collection, a large and wide ranging collection of children’s books. (For records of individual Oxford Colleges, contact the College librarians direct.

British and Foreign School Society Archive Centre – The Society was founded in 1808 by the supporters of Joseph Lancaster (1788-1838) and his system of non-conformist popular education. Collections include the records of the Society, secretaries’ letters and papers, overseas correspondence, annual reports and records of the Society’s schools and colleges. Major collections include correspondence of Joseph Lancaster and his contemporaries 1810-1812. Detailed reports of the archive’s holdings are given in Journal of Educational Administration and History (July 1980), History of Education (October 1981) and The Local Historian, xiv/4 (1984).

Children’s Society Records and Archive Centre – Founded in 1881 as the Church of England Waifs and Strays Society to contribute to the late nineteenth century child saving movement. It operated a large number of residential homes for children on a voluntary basis, and also under the auspices of the Industrial School Acts and the Poor Law. It holds the records of some, though not all of these schools, the Society’s central records and case papers relating to thousands of individual children.

Church of England Record Centre – It acts as a clearinghouse for information on all central records of the Church of England. It holds the records of the National Society, founded in 1811 by the Church of England to promote elementary education, and a large number of individual National Society schools.

Froebel Archive for Childhood Studies – The Froebel Society was founded in 1874 to promote kindergarten education, the Education Institute followed in 1892. Holds records relating to the Society including material on child development and infant education.

Girls’ Public Day School Trust – The Girls’ Public Day School Trust was founded in 1872 as the Girls’ Public Day School Company to provide junior day schools. Holdings include records of the Trust, including minutes of council and committees, financial and legal papers, correspondence, pupils admissions registers, inspectors’ and headmistresses’ reports.

Institute of Education, University of London – The Institute has an active collecting policy covering the history of education of all kinds. Collections include records of the Association of Assistant Masters, National Union of Women Teachers and World Education Fellowship. See also Guide to the Institute of Education Archives (1997) and Special Collections and Archives of the Institute of Education Library (1991).

Leeds University Museum of the History of Education – Established in the 1950s, its main aims are the documentation of the history of education and the promotion of research and publication. Collections include children’s exercise books (17th century onwards), trainee teachers’ work and records of their progress, records of education societies and material concerning education in the former West Riding of Yorkshire. It also publishes the Journal of Education Administration and History.

Liverpool University: Special Collections and Archives – The archive has an active collecting policy focusing on the papers of children’s welfare organisations. Major collections include Barnardo’s and the Fairbridge Society.

The National Archives – Holds the records created or inherited by the Department of Education and Science and related bodies, relating to the administration and provision of education in England and Wales, from nursery to university level.

Also included are records relating to the administration of teachers’ employment and conditions, science and art, libraries and museums, technical education, youth services, awards and scholarships, wartime educational services, educational buildings and architecture, liaison with international education bodies, finance, statistics and planning, legal matters, health and medical concerns, and inspections of educational establishments.

Warwick University Modern Records Centre – Collections include the 20th century records of the National Union of Students and the National Association of Teachers in Further and Higher Education.

Schools and colleges holding their own records

Many educational institutions retain their own records. A preliminary letter should be sent to the appropriate officer at each, indicating the scope of proposed research and ascertaining the likelihood of access to the records being granted. The following are a few examples. Others can be found using the Find an archive tool.

Bedford School Archive – The school is a Tudor foundation with extensive archive material. Collections include administrative material concerning the school, its pupils and staff and papers and memorabilia of old boys.

Eton College – Retains the records of the College dating from the 12th to 20th century.

Harrow School – Collection includes Headmaster’s papers, masters’ papers and school lists.

North London Collegiate School – Collection includes admissions register, governors’ minutes, headmistresses’ reports and school magazines.

Rugby School – Retains deeds and papers relating to the school and its properties from the 16th century. Collection includes school records, registers, governing body papers, collections of boys’ letters and so on. The earliest date from 1670s but most from 1750. Major collections include Dr Thomas Arnold’s papers.

Winchester College Archives – Retains records of the College to 20th century. A three-volume catalogue of the muniments has been published.

5. Other useful resources

For advice about oral history and information on existing oral history resources, you should first approach the Curator of Oral History at the British Library Sound Archive.

Archives Hub – The Archives Hub provides descriptions of collections held at archives in UK universities and colleges. At present the descriptions are primarily of the broad themes and subject matters of the collections, although where possible they are linked to more detailed descriptions of the records that make up each collection.

Archives in London and the M25 area (AIM25) – AIM25 provides online descriptions of collections held at the archives of over fifty higher education institutions and other academic and cultural organizations within the greater London area.

History of Education Society – The Aim of the Society is to further the study of the History of Education by providing opportunities for discussion among those engaged in its study and teaching. The History of Education Society Bulletin (twice yearly) usually carries a digest of major accessions to UK repositories, prepared by The National Archives, in its autumn edition. The Society also produces the quarterly academic journal History of Education and organises an annual conference.

History of Education Project at Durham University – The History of Education Project is housed in the The Miners’ Hall, Red Hill, Durham City. It exists to further the knowledge of history among people of the region. It also offers opportunities for volunteers aged 16-60 plus to learn office skills and to share in some exciting work, including in-house publication. A new database is to be prepared of 5,000 outdated history textbooks – the largest collection in the UK. These books are held at Durham University School of Education, but enquiries concerning them should be addressed to the History of Education Project at Miners’ Hall.

Ragged School Museum – The purpose of the Ragged School Museum is to make the unique history of the East End of London, and in particular of the Copperfield Road Ragged School, accessible to everyone. In a re-created classroom of the period, visitors can see how Victorian children were taught.

Scottish Archive Network (SCAN) – The project aims to revolutionise access to Scotland’s archives by providing a single electronic catalogue to the holdings of more than 50 Scottish archives.

Victoria & Albert Museum of Childhood – Contains one of the world’s largest collections of children’s toys, including dolls, teddy bears, toy soldiers and trains. The museum also traces the development of children’s furniture and equipment, costumes and fashions, as well as housing the Renier Book Collection and the Book Trust Collection.

6. Further reading

‘Guides to Sources in the History of Education’ (History of Education Society)

M Argles, ‘British Government Publications in Education during the Nineteenth Century’ (1971)

J Vaughan, ‘Board of Education Circulars: A Finding List and Index’ (1972)

J M McCarthy, ‘An International List of Articles in the History of Education, Published in Non-Educational Serials, 1965-69’ (1973)

D W Thomas, ‘The History of Technical Education in London 1904-40’ (1976)

S M Parkes, ‘Irish Education in the British Parliamentary Papers 1801-1920’ (1978)

V F Gilbert and C Holmes, ‘Theses and Dissertations on the History of Education Presented at British and Irish Universities between 1900-1976’ (1976)

M Argles and J E Vaughan, ‘British Government Publications Concerning Education during the Twentieth Century’ (1982)

J S Hurt, ‘Education and the Working-Classes from the Eighteenth Century to the Twentieth Century’ (1985)

R Szreter, ‘The History of Education in Non-Education Learned Journals 1939-1984’ (1986)

A R Allan, ‘University Bodies: a Survey of Inter- and Supra- University Bodies and Their Records’ (Liverpool, c.1990). Includes an extensive bibliography of sources useful for the history of higher education

M C Britton (ed), ‘Improved Visibility: An International Bibliography on the Education of Women and Girls 1978-1989’ (Librarians of Institutes and schools of education, 1991)

J D Browne and G R N Smart, ‘Colleges of Education: A Checklist of Archives’ (History of Education Society, c.1981)

C R Chapman, ‘The Growth of British Education and its Records’ (Dursley Lochin, 1992)

J Craigie, ‘A Bibliography of Scottish Education before 1872’ (University of London Press, 1970)

D Crook ‘Net gains? The Internet as a research tool for historians of education’ in D Crook and R Adlrich (eds) ‘History of Education for the twenty-first century’ (London, Institute of Education) pp 36-49

J C Davies, ‘Documents relating to the History of Education,’ in Durham Research Review, 2 (Sept 1951), pp 1-10

‘History of Education Society, Archives and the Historian of Education’ (1975)

A Morton, ‘Education and the State 1833-1966’ (PRO 1997)

T A O’Donoghue, ‘Sources for the Study of the History of the Secondary School Curriculum: A Survey of the Irish Scene, 1921-62,’ in HES Bulletin, (Autumn 1990), pp 46-51

‘Public Record Office of Northern Ireland, Guide to Educational Records’ (1993). Includes an appendix listing all state schools with surviving records held at PRONI

‘Sources for Tracing School Teachers in the National Society Archives and Library’ (Church of England Record Centre, Guide no 5, nd). Available from the Centre

G Sutherland, ‘A View of Education Records in the Nineteenth and Twentieth Centuries’, in Archives (Oct 1981), pp 79-85

D H Thomas, ‘Reformatory and Industrial Schools: An Annotated List of Schools Certified by the Home Office, 1854-1933’ (1986)

2. The difference between bankrupts and insolvent debtors

Insolvent debtors and bankrupts are different. To qualify for bankruptcy you were supposed to be a trader, making your living by buying and selling. By the late 18th century this was extended to include most skilled craftsmen. People sometimes gave false or misleadingly general descriptions of their occupations so they could qualify as a trader. The term ‘dealer or chapman’ (DC) was often used. Farmers were specifically excluded but still sometimes appear in records. Partnerships of individuals could declare themselves bankrupt, but companies were not covered until after 1844.

Bankruptcy was later extended to include most skilled craftsmen.

Creditors could also petition for a bankruptcy order to be made against an individual debtor. All creditors would have a claim to any assets left, and the court would order how these were to be distributed.

Insolvent debtors were individuals unable to pay their debts. Only after 1861 could insolvent debtors apply for bankruptcy.

3. Getting a search started

The best place to start is to search the London Gazette, on The Gazette website, by name of bankrupt or insolvent debtor. This has notices published by officials to inform creditors about their proceedings.

If you have found an entry in the London Gazette you can try looking for bankruptcy case files at the National Archives but only very few survive.

If you cannot find a case file you will need to browse various register and enrolment series that will normally only provide brief formal entries. They will confirm if a bankruptcy took place, but will not provide much detail.

From 1842 district bankruptcy courts were established for cases outside London. Case files and some bankruptcy registers from these should be at local archives. Search our catalogue using keywords, and refine your results using the filters. Alternatively, look for a particular local archive using Find an Archive.

4. Insolvent debtor records, c1792-c1869

Insolvent debtors could be kept indefinitely in a debtors’ prison if their creditors so wished. Imprisonment for debt only ended in 1869.

From 1861 insolvent debtors could apply for bankruptcy even if they were not traders.

The series B 6 contains registers to documents filed in insolvency proceedings. They often give brief details of bankrupts, creditors, insolvent debtors, the sums involved and the nature of associated deeds. Sometimes the outcome of an action or result of a petition is indicated. They may also provide a link to court cases and debtor’s prison records.

Indexes to the registers and other documents are in B 8.

4.1 Declarations of insolvency and inability to pay

Consult B 6/74-8, B 6/176-177 and B 6/220-222 for registers of declarations of insolvency and inability to pay. From 1825-1854 these registers cover London and county cases. After 1854 they cover London only. They usually show:

• the date the declaration was filed
• name, address and occupation of the debtor
• debtor’s solicitor’s name

4.2 Debtors’ prison records

London debtors’ prison records are in PRIS 1-PRIS 11 (PRIS 10 and PRIS 11 are available online (£) via Ancestry. Gaolers’ returns of insolvents in certain London prisons, 1862-69 are in B 2.

Find names of many people imprisoned for debt in Lincoln jail in PCOM 2/309, Shrewsbury jail in PCOM 2/396 and Lancaster jail in PCOM 2/440.

4.3 Petitions of insolvent debtors

Petitions may be registered using reference numbers, to find a petition first consult the indexes to the registers in B 8, by name of insolvent.

The registers and indexes are described as ‘town’, meaning London, or ‘country’, everywhere else.

Indexes for petitions for country prisoners are under B 8/38 to B 8/57

Country petitions for years 1820 to 1861 are under references B 6/48 to B 6/62

Indexes for town prisoners are under B 8/2 to B 8/37.

Town petitions for years 1820 to 1861 under references B 6/63 to B 6/71.

Further registers of petitions and other matters can be found by browsing from B 6/88 onwards.

Additionally there are petitions for unclaimed dividends, payments awarded to creditors which were not claimed, for years 1824 to 1864, registered under B 6/72 to B 6/73.

4.4 Protection cases

Protection cases are when traders with liabilities of less than £300 put themselves under the protection of the court, allowing it to supervise the discovery and distribution of their assets.

There are indexes to petitions in protection cases for the years 1847 to 1861 under B 8/58 to B 8/68.

The petitions are registered numerically at B 6/94 – B 6/96.

4.5 Applications for release

For Cheshire only, you may find applications for release to the Justice of the Peace from imprisoned insolvent debtors in CHES 10 (1760-1830). For other counties these types of record will usually be held locally.

In 1813, the Court for the Relief of Insolvent Debtors was established and registers of petitions to it from imprisoned debtors, from 1813 to 1861, are in B 6 with indexes, from 1820, in B 8.

Lists of insolvent prisoners applying for release were also published in the London Gazette, available on The Gazette website. You can also search The Times archive (charges apply) which published lists of insolvent prisoners applying for release.

5. Bankruptcy case files, c1753-c1979

A small sample of surviving case files are within the records of the Office of the Commissioners of Bankrupts and it successors.

Click on the following series references to search for records within each respective series using keywords and dates. It might be helpful to search by:

• bankrupt’s name, address or trade within B 3 (1753-1854)
• surname and trade within B 9 (1832-c.1970)
• joint-stock company name within B 10 (1857-1863)

Case files may contain balance sheets submitted by the bankrupt. These are usually very general statements, rather than itemised accounts, and assignees’ accounts.

If your search is unsuccessful you can look at registers but these will only provide minimal extra information to supplement what you have found in the London Gazette. (See next section).

6. Bankruptcy proceedings

Most of the information contained in these registers is available in the London Gazette on The Gazette website. However the registers can sometimes tell you a little more – such as what money was owed.

6.1 Records before 1869

Browse registers in B 4 by date. You can find:

• docket books containing information on the issue of commissions and renewed commissions of bankruptcy
• registers of commissions of bankruptcy and fiats. Entries sometimes give the address and trade of the bankrupt (not between 1770 and 1797), and the names of either the petitioning creditors or those of the bankrupt’s agent or solicitor

A register entry underlined or ticked means a corresponding case file should be in B 3. B3 is searchable by name. Enrolments of these commissions (after 1758) and fiats may be in B 5.

6.2 Records after 1869

Registers of creditors petitions are in B 6/178-183 (1870-1883). If you are looking for a bankruptcy case heard in London, start with these. They often include:

• name, address and occupation of the bankrupt and the petitioning creditor(s)
• details of the formal act of bankruptcy
• date of adjudication as a bankrupt
• date of London Gazette advertisement
• names of trustees appointed
• amount of dividend paid
• date proceedings closed

Petitions for bankruptcy are in B 6/184-197 (1870-1883). These cover both London and ‘country’ cases but only give the name, occupation and address of the bankrupt person. B 6 also contains ‘certificates of conformity’ (1733-1837) which, when issued effectively discharged the bankrupt.

Registers of petitions to the High Court (1884-1994) are in B 11. Actual petitions will only survive if the case file in B 9 survives. Registers of receiving orders in B 12 contain dates of formal court orders (1887-1988) including:

• the order of discharge with a note of any conditions attached to it
• the date of the trustees’ release

Read the series catalogue descriptions to find out more about what the records may contain.

You can browse both B 11 and B 12 by date.

7. Court of Chancery records before 1832

Further litigation about bankruptcy may be in Chancery pleadings.

Use the advanced search option to search by name and/or keyword ‘bankrupt’ or ‘creditor’ within department code C.

Close Rolls in C 54 may contain conveyances of bankrupts’ estates and C 217 contains miscellaneous exhibits in a few bankruptcy cases.

8. Bankruptcy appeals, 1864 onwards

For appeals against bankruptcy browse the following series by date. Record series with department code ‘J’ are from the Supreme Court of Judicature.

• J 60 from 1864
• B 7 from 1871, with entry books of orders in B 1
• J 15 from 1876-1955
• J 56 from 1876
• J 69 from 1918
• J 70 from 1920

For county court cases, appeals can be found as follows:

• J 60 from 1864
• J 74 from 1875
• J 95 from 1920

There is an incomplete series of registers of petitions for protection from process in county court cases (1854-1964) in LCO 28. They are arranged by the initial of the petitioner’s surname.

9. Bankruptcy functions of the Board of Trade

After 1884, the Board of Trade supervised the work of the official receivers. The receivers had the status of court officials and held meetings of creditors, investigated circumstances of bankruptcy and acted as interim administrators of the bankrupt’s assets.

Registers of London court bankruptcies are in BT 40/25-33 and county court bankruptcies are in BT 40/34-52.

Official receivers’ registers in BT 293 include entries for all those served with petitions for bankruptcy. Official receivers’ estate ledgers in BT 294 show how assets of those declared bankrupt were distributed. BT 294 also includes payment books for 1875-1904 relating to the former insolvent debtors’ court. Browse both BT 293 and BT 294 by date and initial of the surname.

You can search the following by name:

• registers of deeds of arrangement made privately between debtors and creditors in BT 39 and case files in BT 221
• case files of the official receiver in BT 226. From 1914 only samples are included with indexes in BT 293.

10. Bankruptcy procedure

Chancery commissioners dealt with bankruptcy before 1832.

In 1832 the court of bankruptcy was established and creditors could petition the Lord Chancellor for a commission of bankruptcy or a fiat. Commissioners decided if a debtor was eligible to be declared bankrupt and would oversee the distribution of assets.

Official assignees were appointed and were responsible for depositing the proceeds from the sale of a bankrupt’s estates into the Bank of England. When sufficient creditors were satisfied and had signed a request for a Certificate of Conformity (a statement that the bankrupt had satisfied all the legal requirements), the Commissioners could issue the certificate which effectively discharged him, although dividends might continue to be paid.

After 1849 creditors petitioned for an ‘Adjudication in Bankruptcy.’ The Commissioners took statements from the bankrupt and his creditors. The creditors would then elect trustees to value his assets and distribute them as dividends.

From 1849 to 1861, there were three classes of certificate of conformity which distinguished between

• blameless bankrupts
• bankrupts partially at fault
• bankrupts fully at fault

After 1861, orders of discharge were issued instead.

11. Further reading

Use our library catalogue to find a recommended book list.

The books are all available in The National Archives’ reference library. You may also be able to find them in a local library. You can buy from a wide range of history titles in our bookshop.

See also Paolo Di Martino, ‘Approaching disaster: Personal bankruptcy legislation in Italy and England, c1880-1939’, Business History; vol 47 (1) (2005) 23-43.

2. Different types of businesses and companies

The concept of a business is a very broad one whilst, in legal terms, a company is something more distinct. A company is a legal entity with a separate identity from those who own or run it. All companies are businesses but not all businesses, legally speaking, are companies.

There are numerous different types of companies in the UK and to utilise the records we hold it will help to understand the following concepts and distinctions:

2.1 Incorporation

Incorporation is the process by which a new or existing business registers as a limited company, thus acquiring a specific kind of legal status. Before the Joint Stock Companies Act of 1844 incorporation was only possible by Royal Charter or a private act of Parliament. Since then, registration has been the predominant method.

2.2 Incorporation by registration

Registration, under the various Companies Acts since 1844, has become the most common and the most important form of incorporation. Nearly all commercial companies in the UK nowadays are registered companies, though registration is not required of sole traders.

This image (catalogue reference COPY 1/285) was registered with the Copyright Office of the Stationers’ Company. Formed in 1403, the Stationers’ Company was incorporated by Royal Charter in 1557. Purchase a copy of this image from our Image Library.

The 1844 Act established the UK’s first registrar of companies, known as Companies House.

Today, a company can be registered as one of four different types:

• Public limited company (PLC)
• Private company limited by shares (LTD)
• Private unlimited company (UNLTD)
• Private company limited by guarantee

2.3 Incorporation by Royal Charter

Incorporation by Royal Charter, dating back to the medieval period, is now rare, but was once prevalent. It meant that a company’s status was granted by the monarch or the monarch’s representatives.

Chartered companies and organisations still exist, among them the BBC, the Royal Opera House, the British Red Cross and the British Council.

The 1844 Act did not apply to chartered companies.

2.4 Incorporation by Act of Parliament

Companies can still be incorporated by Act of Parliament now but this is rare. They are known as statutory companies.

Statutory companies still operating today include the Port of London Authority, the Post Office and the Independent Television Commission, incorporated by the Broadcasting Act 1990.

The 1844 Act did not apply to statutory companies.

10. The Register of Business Names, 1917-1982

The Register of Business Names was established in 1916. Its purpose evolved over the years but it was essentially a register of the names of businesses whose trading names differed from that of the business owner or, from 1947, the official company name. This was also the first register in which unincorporated companies such as partnerships and sole traders were listed.

The register was abolished in 1981 but a sample of registration documents for businesses registered in 1916-1917, and every ten years from 1921 until 1981-1982 has been preserved in BT 253.

The nearly 1,300 pieces in the series are arranged in batches of registration numbers and by year. You will need to browse the series to have a hope of finding anything.

11. Records of chartered companies

The only chartered company records held at The National Archives are those of the various colonial chartered companies, such as the British Borneo Company (CO 874), or the Company of Royal Adventurers of England Trading with Africa and successors (T 70). See here for full list.

Search for records by company name in our catalogue and use our guides to records of the Foreign Office and Colonial Office for more in-depth research.

Search HO 45 by company name for records of incorporation by Royal Charter. You can also try searches using ‘charter’ and/or ‘incorporation’ as your keywords. The printed version of our catalogue, available only in the reading rooms at Kew, contains a subject heading ‘Charters’ which includes references to the granting of charters to various societies and associations.

Correspondence concerning chartered companies before 1863 is among the records in record series BT 1 (see section 7.4).

12. Records of mutual societies and assurance companies

12.1 Mutual societies

As they were covered by separate legislation, records of mutual societies, which include building societies, friendly societies and industrial and provident societies, are located in a separate record department at The National Archives, whose code is FS.

Browse the several dozen FS series for a sense of what they cover.

You can use the advanced search to search within the whole of the FS department by name of the society. However, the following series require alternative search methods:

For information on the registrations of mutual societies contact the Financial Conduct Authority which operates a Mutual Society Registration.

12.2 Assurance companies

The Board of Trade was also responsible for the regulation of assurance companies.

Use the advanced search to search by assurance company name in BT.

See ACT 1/104 and ACT 1/632 for returns made by assurance companies to the Board of Trade for the period 1912 to 1968.

13. Records of bankruptcy and liquidation

13.1 Official announcements of the bankruptcy and liquidation of companies

Notices of receiverships, liquidations and bankruptcies appear in the London Gazette, available on The Gazette website.

13.2 Bankrupted companies

Among the numerous departments of the Board of Trade and its successors is a Bankruptcy Department.

For Board of Trade records relating to the bankruptcy of firms, search in:

• BT 221 for 1876-1972
• BT 226 for 1891-1994

For more guidance on these and related records see our guide to records of Bankrupts and insolvent debtors.

13.3 Court records of the liquidation and winding-up of companies

For court proceedings leading to the liquidation and winding-up of companies search among the records of the:

• Court of Bankruptcy in B 9 and B 10
• the Bankruptcy Commissions in B 3

Actions for the winding-up of companies, as distinct from bankruptcy action, were heard in the Court of Chancery, then from 1873 in the Chancery Division of the Supreme Court of Judicature and from 1890 in the Companies Court. Records of these proceedings are in C 26 (1849-1910), J 13 (1883-1995), J 137 (1924-1981) and J 14 (1891-1989).

Search BT 34 for liquidators’ accounts for companies dissolved between 1890 and 1932.

Other records of the Companies Court are in J 100, J 107 and J 119.

14. Further reading

The following publications are available at The National Archives’ Library.

Francis Goodall, Bibliography of British Business Histories (Ashgate, 2005)

John Orbell, A Guide to Tracing the History of a Business (Phillimore & Co Ltd, 2009)