Contracts of Effectual Transportation - Revision history

Admin: /* Dorset – An Order to the Gaol Keeper Based on the Contracts and Bonds */

2016-03-26T11:32:53Z

‎Dorset – An Order to the Gaol Keeper Based on the Contracts and Bonds

Admin: /* Third Fleet */

2016-03-26T11:31:46Z

‎Third Fleet

Admin: /* Guardian - Systematisation */

2016-03-26T11:31:13Z

‎Guardian - Systematisation

Admin: /* Transfer of Servitude to the Governor */

2016-03-26T11:29:36Z

‎Transfer of Servitude to the Governor

Admin: /* Workload */

2016-03-26T11:28:38Z

‎Workload

Admin: /* Workload */

2016-03-26T11:26:40Z

‎Workload

Admin: /* Procedure */

2016-03-26T11:23:18Z

‎Procedure

Admin: /* Procedure */

2016-03-26T11:22:24Z

‎Procedure

Admin: /* Procedure */

2016-03-26T11:19:38Z

‎Procedure

Admin: /* Background */

2016-03-26T11:17:58Z

‎Background

@@ Line 546: / Line 546: @@
 <nowiki>"WHEREAS his Majesty by his Royal Sign Manual bearing Date at his Court at Saint James’s this eighteenth Day of May 1791 [routing?] the Power and Authority given to him in this Behalf in and by a certain Act of Parliament passed in the 28</nowiki><sup>th</sup> Year of his Reign has given Directions for the Transportation of Joseph Holmes, Mary Parsons, Nathaniel Kearley, and Diana Mioll Convicts in your Custody and has graciously thought fit to authorize and impower Thomas Shelton of the Session House London to make a Contract with any fit Person or Persons for the effectual Transportation of the said Convicts according to their respective Sentences and to take Security from the Person or Persons so contracting for the effectual Transportation of them NOW the said Thomas Shelton do hereby certify that George Mackenzie Macaulay of Chatham Place London Esquire hath in due manner contracted for the effectual Transportation of the beforenamed offenders pursuant to their Sentences and hath given Security for the Performance of the said contract You are therefore hereby required forthwith to deliver over the Bodies of the said convicts to the said George Mackenzie Macaulay or his Assigns in order to their being so transported. Given under the Seal of my Office the 23<sup>rd</sup> Day of May 1791.
-<div align="right">By the same Sheriff</div>
+By the same Sheriff
-"NB: the Convicts will be received on Board the Pitt Transport Ship in the Thames on the 30<sup>th</sup> and 31<sup>st</sup> Inst. or P: Inno.
+NB: the Convicts will be received on Board the Pitt Transport Ship in the Thames on the 30<sup>th</sup> and 31<sup>st</sup> Inst. or P: Inno.
 You are to take with you the Orders of Transportation or Copies of them."
-"You are to take with you the Orders of Transportation or Copies of them."
 Reverse:
 "Received the Bodies of the Within Mentioned Convicts, Viz. Joseph Holms, Nathaniel Kierly, Mary Parsons, Diana Moill.
 Gravesend, May 31<sup>st</sup>, 1791
-"Gravesend, May 31<sup>st</sup>, 1791
+Henry Harrison"<ref name="ftn61"><sup>Dorset Archives Services, Q/Transportation, f.172.</sup></ref>
-−
-"Henry Harrison"<ref name="ftn61"><sup>Dorset Archives Services, Q/Transportation, f.172.</sup></ref>
 ==Scotland – Caution Bonds==

← Older revision		Revision as of 11:31, 26 March 2016
Line 510:		Line 510:

	<div align="right">‘Camden, Calvert & King’"<ref name="ftn55"><div align="right"><sup>Colonial Secretary, Convict Indents, 1788-1798, SANSW COD 9.</sup></div></ref></div>		<div align="right">‘Camden, Calvert & King’"<ref name="ftn55"><div align="right"><sup>Colonial Secretary, Convict Indents, 1788-1798, SANSW COD 9.</sup></div></ref></div>
−
	These contracts were signed by the Governor upon delivery of the convicts in NSW and returned by the Master to the contractor in London. A letter from Thomas Melville, the Master of the Third Fleet ship, the ''Britannia'', dated 29 November 1791, reads in part: ‘I have enclosed you the certificates for the convicts, and receipts for the stores.’<ref name="ftn56"><sup>Quoted in John Hunter, ''An Historical Journal of the Transactions at Port Jackson and New South Wales'', London: John Stockdale, 1793, Chapter 23.</sup></ref>		These contracts were signed by the Governor upon delivery of the convicts in NSW and returned by the Master to the contractor in London. A letter from Thomas Melville, the Master of the Third Fleet ship, the ''Britannia'', dated 29 November 1791, reads in part: ‘I have enclosed you the certificates for the convicts, and receipts for the stores.’<ref name="ftn56"><sup>Quoted in John Hunter, ''An Historical Journal of the Transactions at Port Jackson and New South Wales'', London: John Stockdale, 1793, Chapter 23.</sup></ref>

@@ Line 436: / Line 436: @@
 With the 25 convicts shipped on the ''Guardian'' (1789), the Home Office introduced a regular and centralised system for preparation and signature of the contracts and bonds. As it applied to the ''Guardian'', that process was as follows:
-# Shelton obtained the court documents relating to each of the convicts, and perused them in order to prepare contracts and bonds. With larger shipments (such as the Second and Third Fleets), Shelton had to obtain these documents from each of county courts and quarter sessions.
+a. Shelton obtained the court documents relating to each of the convicts, and perused them in order to prepare contracts and bonds. With larger shipments (such as the Second and Third Fleets), Shelton had to obtain these documents from each of county courts and quarter sessions.
-# He drew up a contract for each of them, to be signed by Lieutenant Riou (the commander of the ''Guardian''), to be transported according to their several sentences. The contract apparently stated that he was to procure testimonials of their landing and that they should not be suffered to return before the expiration of their terms.
+b. He drew up a contract for each of them, to be signed by Lieutenant Riou (the commander of the ''Guardian''), to be transported according to their several sentences. The contract apparently stated that he was to procure testimonials of their landing and that they should not be suffered to return before the expiration of their terms.
-# Shelton then took a bond from Riou and his sureties to perform the contract.
+c. Shelton then took a bond from Riou and his sureties to perform the contract.
-# The contracts and bond then had to be attested.
+d. The contracts and bond then had to be attested.
-# Shelton drafted the assignment of the convicts from Riou to Governor Phillip. (In the case of the Second and Third Fleet ships, these were signed by the contractor immediately, but perhaps counter-signed by the master only when the ships arrived in NSW.)
+e. Shelton drafted the assignment of the convicts from Riou to Governor Phillip. (In the case of the Second and Third Fleet ships, these were signed by the contractor immediately, but perhaps counter-signed by the master only when the ships arrived in NSW.)
-# He then made a copy of the list of the convicts, with the places where they had been convicted and the date of their convictions to be annexed to His Majesty’s warrant authorising Shelton to contract for the transportation of these convicts.
+f. He then made a copy of the list of the convicts, with the places where they had been convicted and the date of their convictions to be annexed to His Majesty’s warrant authorising Shelton to contract for the transportation of these convicts.
-# Another copy was made to be annexed to the assignment.
+g. Another copy was made to be annexed to the assignment.
-# A third copy was made for the Secretary of State for the Home Department.<ref name="ftn47"><sup>TNA ?? AO3/291/1-2.</sup></ref>
+h. A third copy was made for the Secretary of State for the Home Department.<ref name="ftn47"><sup>TNA ?? AO3/291/1-2.</sup></ref>
-# In the case of the Second Fleet, and no doubt of some of the others in the early years, Shelton prepared lists of such of the convicts as had been ordered to be transported to North America and to Africa, so that the same could be annexed to an order of the Privy Council appointed New South Wales as the place of transportation. It was also necessary for him to draw up an order for two of the judges to sign to be annexed to this order. In the case of the Second Fleet, Shelton attended the execution of the order by Baron Hotham and Mr Justice Heath.<ref name="ftn48"><sup>TNA ?? AO3/291/25-25a.</sup></ref>
+i. In the case of the Second Fleet, and no doubt of some of the others in the early years, Shelton prepared lists of such of the convicts as had been ordered to be transported to North America and to Africa, so that the same could be annexed to an order of the Privy Council appointed New South Wales as the place of transportation. It was also necessary for him to draw up an order for two of the judges to sign to be annexed to this order. In the case of the Second Fleet, Shelton attended the execution of the order by Baron Hotham and Mr Justice Heath.<ref name="ftn48"><sup>TNA ?? AO3/291/25-25a.</sup></ref>
 Then it could be all made irrelevant at the last minute when convicts were moved from ship to ship. In the case of the Second Fleet, Shelton made a note in his accounts that Camden, Calvert and King had deviated from the original plan laid down by Lord Grenville and Evan Nepean, claiming that some of the ships were not ready and that they were obliged to sent some of the convicts on different ships from those that had originally been specified. Shelton was unhappy – he was not able to get regular returns from any of the ships to compare with the assignments to send to Governor Phillip (so that legal liability for escapes of named convicts was entirely vitiated). He sent one of his clerks by coach to the ships at Portsmouth to examine and correct the lists and assignments, in which he was engaged six days.<ref name="ftn49"><sup>TNA ?? AO/3/291/62.</sup></ref>

@@ Line 290: / Line 290: @@
 July 1788 – Phillip to Nepean:
-"The masters of transports having left with the agent the bonds and whatever papers they received that related to the convicts, I have no account of the time for which the convicts are sentenced, or the dates of their convictions. . .<ref name="ftn37"><sup>HRA 1:1, p.57.</sup></ref>
+"The masters of transports having left with the agent the bonds and whatever papers they received that related to the convicts, I have no account of the time for which the convicts are sentenced, or the dates of their convictions. . ."<ref name="ftn37"><sup>HRA 1:1, p.57.</sup></ref>
-"The receipts for the delivery of the convicts and the transfer of their servitude would have been included in the documentation sent by Clark to Richards, presumably with the dispatches that went on the ''Alexander''.
+The receipts for the delivery of the convicts and the transfer of their servitude would have been included in the documentation sent by Clark to Richards, presumably with the dispatches that went on the ''Alexander''.
 ==What did it look like through William Richards’ eyes?==

@@ Line 203: / Line 203: @@
 "The ''Alexander'' took on board - 209 convicts
 of whom have died - 11
 pardoned - 1  12  197
@@ Line 209: / Line 211: @@
 "The ''Charlotte'' the same, viz
 Males – 86
 Females - 20  106
 Children extra - 2  108
 "The ''Friendship'' the same, viz
 Males – 75
 Taken on board since – 1
 Females – 19
 Taken on board since – 2  97
 Children extra – 5  102
 "The ''Prince of Wales''
 Females – 6
 Taken on board since – 4  10
 Child extra – 1  11
 "The ''Lady Penrhyn''
 Females – 102
 John Irvine from Scarboro’ – 1  103
 Children extra – 5 108
 One woman since dead – 1  107

@@ Line 159: / Line 159: @@
 April 1787 – Richards seems to have been at Portsmouth again, staying at the Crown Inn. He or his agent, Zachariah Clark, had gone on the ships for a muster and prepared a list of the convicts on board the ships there.
-- Richards to Nepean. Enclosed is a complete list of the convicts now on board the ships, together with other lists for the government in giving the necessary orders to the clerks of the peace. They may be relied upon since ''they had been mustered on the respective ships and they had answered their names''.
+- Richards to Nepean. Enclosed was a complete list of the convicts now on board the ships, together with other lists for the government in giving the necessary orders to the clerks of the peace. They may be relied upon since 'they had been mustered on the respective ships and they had answered their names'.
-There were only 6 convicts and no convicts’ wives come down yet for the Prince of Wales. Her complement in the list was 24 men and 53 women. He would be much obliged if Nepean would order the different clerks of the peace to send their bonds, contracts and counterparts (not executed) to him ''at the Crown Inn'' and he would take particular care to have them executed. He would bring them with him on his return and send them to their respective officers.
+There were only 6 convicts and no convicts’ wives come down yet for the ''Prince of Wales''. Her complement in the list was 24 men and 53 women. He would be much obliged if Nepean would order the different clerks of the peace to send their bonds, contracts and counterparts (not executed) to him ''at the Crown Inn'' and he would take particular care to have them executed. He would bring them with him on his return and send them to their respective officers.
 He had some time since mentioned that he would like to send Mr Zachariah Clark out as his agent. Nepean had said that he would consider it and speak to Captain Phillip. He had a letter from the Navy Board (communicating from the Treasury) confirming that he remain there as long as Richards’ business may require it.<ref name="ftn26"><sup>TNA CO201/2/252-3.</sup></ref>
@@ Line 169: / Line 169: @@
 April 1787 – (Richards appears to have developed his own concerns about the lack of victualling for the children of convicts based on his physical presence on the ships.) Richards to Nepean. About the children. Richards concerned about the lack of victualling – two had arrived on board the ''Prince of Wales'' with their mothers. He pointed out that no provision had been made for the victualling of children and that they were barely subsisting on their mothers’ allowance (suggesting that they were not newborns). Richards told Evan Nepean that he was concerned about their welfare and declared that he would take proper care of them. He added:
-"Mr Shelton has this day sent me the bonds and contracts for 8 women from the Prince of Wales & 3 men for the Alexander which makes her compliment 212."<ref name="ftn28"><sup>TNA CO201/2/294-5.</sup></ref>
+"Mr Shelton has this day sent me the bonds and contracts for 8 women from the ''Prince of Wales'' & 3 men for the Alexander which makes her compliment 212."<ref name="ftn28"><sup>TNA CO201/2/294-5.</sup></ref>
 April 1787 – Nepean to Richards seeking to clarify which convicts in a list he had contracts and bonds for. He also questioned who the male convict on the Lady Penhryn was. ‘He must I suppose be the surgeon, whose name I think is John Irwin alias Law, and if so it is all well’.<ref name="ftn29"><sup>TNA HO13/5/165-6.</sup></ref>
@@ Line 177: / Line 177: @@
 "I duly received your letter of yesterday’s date & in reply beg leave to inform you that there have been contracts & bonds signed for the undermentioned female convicts, viz.
-"For the Lady Penrhyn
+"For the ''Lady Penrhyn''
 Mary Johnson
@@ Line 185: / Line 185: @@
 Ruth Baldwin alias Bower
-"For the Prince of Wales
+"For the ''Prince of Wales''
 Mary Wilson
@@ Line 202: / Line 202: @@
 "For instance:
-"The Alexander took on board - 209 convicts
+"The ''Alexander'' took on board - 209 convicts
 of whom have died - 11
 pardoned - 1  12  197
-"The Scarborough has the number originally taken on board except John Irvine who is on board the Lady Penrhyn - 205
+"The ''Scarborough'' has the number originally taken on board except John Irvine who is on board the Lady Penrhyn - 205
-"The Charlotte the same, viz
+"The ''Charlotte'' the same, viz
 Males – 86
 Females - 20  106
 Children extra - 2  108
-"The Friendship the same, viz
+"The ''Friendship'' the same, viz
 Males – 75
 Taken on board since – 1
@@ Line 220: / Line 220: @@
 Children extra – 5  102
-"The Prince of Wales
+"The ''Prince of Wales''
 Females – 6
 Taken on board since – 4  10
 Child extra – 1  11
-"The Lady Penrhyn
+"The ''Lady Penrhyn''
 Females – 102
 John Irvine from Scarboro’ – 1  103
@@ Line 231: / Line 231: @@
 One woman since dead – 1  107
-"As a surgeon is now appointed for the Lady Penrhyn, it is reported John Irvine will be placed in the Prince of Wales, there being at present no surgeon on board.
+"As a surgeon is now appointed for the ''Lady Penrhyn'', it is reported John Irvine will be placed in the Prince of Wales, there being at present no surgeon on board.
 <nowiki>"Respecting victualling the convicts &c with fresh provisions where they may touch during the passage, I will consider & inform you in a post or two. In the meantime, that the public business may not be retarded, [I] have replied to every other part of your letter."</nowiki><ref name="ftn30"><sup>TNA CO201/2/315-7; TNA HO42/11/285.</sup></ref>

@@ Line 137: / Line 137: @@
 "I am commanded to signify to you His Majesty’s Pleasure that you do deliver over to the Keeper of Newgate the six Female Convicts now in the New Gaol in the Borough under Sentence of Transportation in order to their being sent to Portsmouth with other Convicts in Newgate to be transported to New South Wales.
-Susanna Blanchet, Mary Mitchcraft, Sarah Taylor, Martha Kennedy, Ann Forbes, Lydia Monro.<ref name="ftn22"><sup>TNA HO35/5/173.</sup></ref>
+- Susanna Blanchet, Mary Mitchcraft, Sarah Taylor, Martha Kennedy, Ann Forbes, Lydia Monro."<ref name="ftn22"><sup>TNA HO35/5/173.</sup></ref>
 ==Workload==

@@ Line 79: / Line 79: @@
 Signed sealed & delivered by
 the said William Richards the
 Younger (being first duly stampt)<nowiki>  Wm Richardson [sic]</nowiki>
 in the presence of
 J<sup>h</sup> N Knapp
 Ja<sup>s</sup> Hill<ref name="ftn15"><sup>Kingston Archives, KE2/4/6.</sup></ref>
@@ Line 106: / Line 101: @@
 There are several unusual features of this bond which require further research:
-# The document is a combined contract and bond, the only known example thus far.
+. The document is a combined contract and bond, the only known example thus far.
-# The surety for the four women is £300, or £75 each, rather than the £40 per head otherwise stated as the amount of the bonds for First Fleet convicts. (Note, however, that the bond for Susanna Hunt on the ''Lady Juliana'' was £80.)
+. The surety for the four women is £300, or £75 each, rather than the £40 per head otherwise stated as the amount of the bonds for First Fleet convicts. (Note, however, that the bond for Susanna Hunt on the ''Lady Juliana'' was £80.)
-# The bond names William Richards but not the Master of the ''Prince of Wales''.
+. The bond names William Richards but not the Master of the ''Prince of Wales''.
 March 1787 – Evan Nepean wrote to public officials at Kingston-upon-Thames in Surrey, describing the procedure that had been adopted for executing the contracts and bonds:

@@ Line 71: / Line 71: @@
 "Kingston Surrey
 Counterpart Contract
-"Counterpart Contract
+Mary Mitchell
+Ship Lady Penrhyn
-"Mary Mitchell
+W<sup>m</sup> Cropton Sever Commander
-−
-"Ship Lady Penhryn
-−
-"W<sup>m</sup> Cropton Sever Commander
 "This Ind<sup>re</sup><nowiki> [indenture] made the 27</nowiki><sup>th</sup> day of January <sup>in the yr of our Ld</sup> 1787 between Joseph Mackill Esq and Joseph Bradshaw Esq two of his Majesty’s Justices of the Peace for the Town and Hundred of Kingston in the County of Surrey (except Richmond and Kew) of the one part and William Richards the Younger of Walworth in the County of Surry Ship Broker of the other part. Whence at the General and Oyer Session of the Peace of our Ld the King of the Town & Hundred of Kingston upon Thames in the C<sup>o</sup>y of Surry (except Richmond & Kew) held in the Guildhall of the s<sup>d</sup> Town on Mond<sup>y</sup> the 3<sup>d</sup> day of Oct<sup>r</sup> in the 25<sup>th</sup> y<sup>r</sup> of the Reign of our Sov<sup>n</sup> L<sup>d</sup> Geo the 3<sup>d</sup> by the Grace of God of G<sup>t</sup> Brit France & Ireland K<sup>g</sup> Defender of the Faith & in the y<sup>r</sup> of our L<sup>d</sup> 1785 before the above named Jos<sup>h</sup> Mackill & Jos<sup>h</sup> Bradshaw bailiffs of the s<sup>d</sup> Town & Thos Evance Esq<sup>r</sup> Recorder of the same &c their Associates Justices of the Peace of Our L<sup>d</sup> ye King in this the s<sup>d</sup> Town & Hundred (except as before excepted), appointed to hear & determine &c Mary Mitchell singlewoman was convicted of felony & by the s<sup>d</sup> Co<sup>t</sup> ordered to be transported for 7 <sup>yrs</sup> to parts beyond the seas to such place as his Majesty with the advice and consent of his Privy Council sh<sup>d</sup> be pleased to appoint and direct. And whereas in pursuance of a Statute in that case made and the <sup>same</sup> court did appoint the s<sup>d</sup> J.M. & J.B. to contract with any person or persons for the performance of the transportation of the s<sup>d</sup> convict & to order suff<sup>t</sup> security to be taken for the same pursuant to the s<sup>d</sup> Act. Now know all men by these presents that the s<sup>d</sup> J.M. & J.B. the s<sup>d</sup> two justices app<sup>d</sup> as afs<sup>d</sup> do in pursuance of the power given them as afs<sup>d</sup> contract & agree with the s<sup>d</sup> W<sup>m</sup> Richards the Younger for his transporting the before m<sup>d</sup> convict to the Eastern Coast of New South Wales or some one or other of the Islands adjacent in pursuance of his Majesty’s Order in Council lately made in that behalf by virtue of the Statute in such case made & provided for the term for which she was so order’d to be transported as aforesaid to be computed from her Order of Transportation. And the s<sup>d</sup> J.M. & J.B. do by these presents assign transfer and make over the s<sup>d</sup><nowiki> convict [to] the s</nowiki><sup>d</sup> W<sup>m</sup> Richards & his assigns to and for his use for the s<sup>d</sup> term accord<sup>g</sup> to the purport of the s<sup>d</sup> Act. And the s<sup>d</sup> W<sup>m</sup> Richards for the consid. afs<sup>d</sup> doth hereby for himself & his assigns cov<sup>t</sup> & agree to & with the Jus<sup>s</sup> last above named to rece & take the s<sup>d</sup> convict out of the custody of Benj. Hall Keeper of his Majesty’s Gaol for the C<sub>o</sub>y of Surry within this Borough of Southwark within whose custody the s<sup>d</sup> convict have been removed & now is pursuant to his Majesty’s order for that purpose and shall & will without any wilful delay put the s<sup>d</sup> convict on shipboard and transport or cause her to be transported out of G<sup>r</sup> Britain & as soon as may be land her (death & casualties of the seas excepted) on the Eastern Coast of New South Wales or some one or o<sup>r</sup> of the Islands adjacent. I witness whereof the s<sup>d</sup> parties to these presents have hereunto set their hands & seals the day & yr first above written.

← Older revision		Revision as of 11:17, 26 March 2016
Line 19:		Line 19:

	The transfer of servitude was based on two legal documents, a ‘contract of effectual transportation’ signed between the contractor and local justice officials, which legal transferred custody and a proprietary interest in the prisoner’s service, and a financial bond, which left the contractor open to a monetary penalty if he failed to transfer the convict to his or her intended destination.		The transfer of servitude was based on two legal documents, a ‘contract of effectual transportation’ signed between the contractor and local justice officials, which legal transferred custody and a proprietary interest in the prisoner’s service, and a financial bond, which left the contractor open to a monetary penalty if he failed to transfer the convict to his or her intended destination.
		+
		+	- Gary L. Sturgess, 26 March 2016

	<nowiki>[Acknowledgements to Lauren Bell for locating the Scottish caution bonds for the </nowiki>''Pitt''.]		<nowiki>[Acknowledgements to Lauren Bell for locating the Scottish caution bonds for the </nowiki>''Pitt''.]