Shropshire Routes to Roots

Background information: Transportation

What Was Transportation?

Transportation was a system of punishment that sent convicted criminals to the British Colonies in America, the West Indies and Australasia for a period of years.

"Adieu Adieu my Native land" Larger image, in a new window [65kb] [Reproduced with kind permission of Allport Library and Museum of Fine Arts, State Library of Tasmania.]

Why Was It Introduced? Until 1660 the only punishment available for people convicted of major crimes was the death penalty. For lesser crimes, eg the theft of items under the value of One shilling, the punishment was whipping. Many criminals escaped punishment by a bit of legal trickery called the 'Benefit of Clergy.' Originally what this meant was that if you were a priest or any other churchman you could be excused trial by the King's Courts and be tried by the church. From the early fourteen hundreds the courts accepted that any man who could read was a clergyman and could claim Benefit of Clergy, women had to wait until the seventeenth century for this privilege. The Benefit of Clergy was seriously abused with illiterate criminals being let off just because they had learnt by heart a section of the bible. The section of the bible that was usually chosen was from psalm 51, this became know as the "neck verse", since it saved many people from the death penalty. Even convicted criminals often escaped the death penalty by securing a Royal Pardon. What was required was another form of punishment for serious crimes.

When Was It Introduced?

Transportation was officially introduced by Act of Parliament in 1718 and transportation was to America and was standardised at 14 years and for 7 years for non capital offences. Although some convicts were transported earlier than this it was done at the criminal's own expense or at the expense of merchants or shipowners. By volunteering for transportation the convicted criminal would escape the death penalty. Transportation to the Americas was ended on the outbreak of the rebellion and subsequent war in 1776.

After this date convicts continued to be sentenced to transportation but male convicts were confined to hard labour in hulks on the Thames, while women were imprisoned. The hulks were old redundant ships that were moored in the River Thames and used as floating prisons. Conditions on these ships were appalling.

Transportation began again in 1787 with new destinations: Australia and Van Deimans Land (Tasmania). On 13 May 1787 the First Fleet of ships containing convicts set sail for Australia, 6 ships taking 717 convicts of which 48 died en route, arriving in January 1788 at Port Jackson. Transportation continued until 1868 when it was officially abolished.

Sources:

• The Old Bailey online
• The Public Records Office Online Catalogue

Act substituting other punishments in lieu of transportation 1853 [Shropshire Archive reference: QC/10] Larger image and transcription, in a new window [74kb]

The image on the left shows Act of Parliament entitled 'Act to Substitute, in certain cases, other Punishment in lieu of Transportation' Dated 1853 Its effect was to prevent anyone sentenced to less than 14 years from being transported as it was proving difficult to deal with the large numbers of convicts being sent '... beyond the seas ...'

Stories of Salopians transported to Australia

Never escape as a kangaroo  Shropshire Star Daily Feature by John Wright (9th September 2003)

Convict George 'Billy' Hunt, transported to Australia for 14 years for stealing a handkerchief, made a big mistake when he decided to make his run for freedom. He disguised himself as a kangaroo. The soldiers opened fire. They were on rations and had grown accustomed to kangaroo stews.

In 80 years after 1788, 136,000 men and 25,000 women made the trip. The women spent their seven year term as 'assigned servants' and the men were often given land to farm, and they would only be jailed if they did something wrong. It didn't have to be much.

Among the early Shropshire convicts was John Birchall, 23. The son of tenant farmers in Woore Hollows, he was found not guilty of stealing in 1802, but got 'life' for choosing to prove his innocence by breaking out of The castle gaol in Chester. His wife and two children did not go with him, so he married again and had nine more.

Apart from the little matter of getting 500 lashes for stealing a dog, not to mention bigamy, his was a success story. He ended up being trusted with 888 acres of land, and almost single-handedly supplied wheat and meat for the colony, built a schooner for a ferry and was made district constable.

Francis Woodcock and Samuel Granger, from the parish of Donnington, got a place in the First Fleet in 1787 for using 'force and arms' and 'did steal, take and drive away' a sheep. Another thief in the First Fleet, Roger Phyfield, was from the parish of Much Wenlock. Margaret Fownes, from the parish of Quatt, got seven years for putting 'Mary Crew in corporal fear' when robbing her in 1784.

The above extracts are reproduced by kind permission of The Shropshire Star.
The full article may be read on the The Shropshire Star Website in the Daily Features section (Opens in a new window).