Some months ago in 'Saving Their Necks'
I discussed how it came about that thousands of convicted felons were shipped
to the American Colonies before 1776. Criminals who might have been executed
were spared through use of a deliberate legal loophole that reduced the punishment
to transportation. After legislation in 1717, a sentence of transportation became
a legitimate option for judges.
Estimates vary as to how many men and women were shipped across the Atlantic;
certainly somewhere between 30,000 and 50,000 after 1717. The majority went
to Maryland and Virginia. Numbers were sufficient that the trade became quite
well organized. The government maintained a record of those granted pardons
and those whose capital convictions were reduced. Other less readily accessible
sources are the records of court proceedings and of ships leaving English ports.
A researcher unsure of the origins of an English immigrant ancestor before
1776 should begin with the indexes prepared by Peter W. Coldham. If you know
the ancestor ran foul of the law, they are also the sensible place to begin.
Printed book titles are listed here and all but the most recent are included
on a Broderbund Family Archive CD (#350, Complete Book of Emigrants, 1999).
The Complete Book of Emigrants,
vol. 1 1607-60, vol. 2 1661-99, vol. 3 1700-50, vol. 4 1751-76. (Genealogical
Publishing Co., 1987-93)
The Complete Book of Emigrants in Bondage, 1614-1775. (GPC, 1988)
Supplement to Emigrants in Bondage, (GPC, 1992)
More Emigrants in Bondage, 1614-1775, (GPC, 2002)
It is important that you read the introductions to these indexes. The author
summarizes where the information comes from and urges everyone to locate the
original court or other record. The volumes show a bias towards the records
of courts in the south of England, notably London and what was known as the
Home Circuit. By the time transportation began, courts known as Assizes were
hearing the majority of criminal cases. Justices went round specified routes,
or circuits, within particular geographic regions and presided over the trials.
The Home Circuit included the counties of Hertfordshire, Essex, Kent, Surrey
and Sussex. The other circuits were:
Norfolk, Midland, Northern, Western, and Great Sessions (Wales only).
Other records consulted by Coldham include the lists of those pardoned before
1718, court records from cities such as Liverpool and Bristol, Treasury papers
that include convict lists, apprenticeship bindings and port books (records
of the customs office in various places, e.g., Whitehaven, Southampton, Portsmouth,
Exeter, Newcastle). There are many gaps in this last group, some of it deliberately
destroyed, and some lost through fire. The London customs house, according to
the Encyclopedia of London (W. Kent, 1951) burned in the Great Fire of 1666,
in 1718, and again in 1814.
The documents are found in the Public Record Office or the various county record
offices of England. Some court and customs material has been filmed. A close
examination of Coldham's indexes, regardless of whether an entry is found, will
inform you about the next stage of the search. A result will lead you to a record.
No result will mean further investigation to determine whether relevant documents
survive. In either situation, a search for records should involve four stages.
1. Read the leaflets issued by the PRO on assize court records, port books
and transportation. The URL for the leaflets index page is
www.pro.gov.uk/leaflets/Riindex.asp
2. Look in the Family History Library Catalog (the CD-ROM version is recommended)
using the keyword and place searches and checking at the national, county and
town level under emigration and court records. Useful keywords are 'assizes'
combined with a county name, 'emigration', 'port' combined with a name (e.g.,
Liverpool).
3. For the courts of quarter sessions in each county there are summaries of
records in Quarter Sessions Records for Family Historians (J.S.W. Gibson, Federation
of Family History Societies, 4th ed., 1995); in addition the Access to Archives
website contains an ever-growing number of catalogs of quarter sessions collections
in English record offices (see the summer issue of Genealogical Computing
for more information and visit the site at www.a2a.pro.gov.uk/
).
4. Check for on-line catalogs at the websites of relevant county record offices.
Web addresses can be found through the UK gateway site (www.genuki.org
).
Collecting information from documents once they are identified will present
challenges. Some of the material before 1733 was in Latin, the writing will
be difficult to understand and the results may not be helpful. The fortunate
among you will find published transcripts of court proceedings. If the above
steps fail to turn up published material another option is to check Texts and
Calendars I and II (Mullins, E.C., 1958, 1983) and subsequent updates to the
publications of record societies. These are now listed by the National Register
of Archives accessed through the Historical Manuscripts Commission (www.hmc.gov.uk
).
Sherry Irvine, CGRS, FSA (Scot) has been researching her British ancestry for
thirty years. She is an instructor and study tour leader for Samford University's
IGHR, and teaches for the online family history program of Vermont College.
Sherry is President of the Association of Professional Genealogists. She is
the author of:
Your Scottish Ancestry: A Guide for North Americans
Your English Ancestry: A Guide for North Americans