HISTORY
Bizarre Crimes You Could Be Transported To Australia For Committing
The harshness of history never fails to shock
It’s well known that the British judicial system of the past sent ‘criminals’ to the colonies as punishment. It is lesser known just how petty the crimes were. You would be forgiven for believing that only the worst of the worst received such a harsh punishment, murders, rapists or armed robbers, but this is not the case. The ‘crimes’ today are mostly considered petty misdemeanours, with little punishment necessary, definitely not a custodial sentence, certainly not banishment to far away lands.
One of the worst parts of ‘transportation’ is that you were often lucky to be shipped off. Prior to this form of punishment, the death penalty was favoured more often than not. It was seen by the law-makers of the time as a mercy for those individuals who committed more minor crimes to be cast away to the new world.
Once you were sent away, you were unlikely to return, even if your sentence was only a few years. This was because the government only funded the ferry trip to Australia and not a return ticket. Most prisoners were working class and could never hope to save enough to get home. So in a way you could consider transportation as a life sentence, you would likely never see your loved ones or home again.
Crimes Eligible for ‘Punishment by Transportation’
Impersonating An Egyptian (Egyptians Act 1530)
No, this law does not refer to people dressing up as Pharoahs, instead the reference ‘Egyptian’ refers to Gypsies. It was common for Gypsy people to claim that they had travelled from Egypt on a pilgrimage. At the time (and perhaps still today) a hatred and intolerance for gypsy people and their lifestyles existed. So much so that anyone who was found to be a member of ‘The Wandering People’ could be shipped to the outback. Some European states even offered to pay them just to leave.
The Destruction or Theft of Plants, Roots or Trees
William Blackstone wrote,
Moreover, the stealing by night any trees, or, of any roots, shrubs or plants to the value of 5s…. is made felony, liable to transportation for seven years.
Yes, you read the extract from Blackstones ‘Commentaries On The Laws of England’ correctly.
Pinch a potato and you’re going down, all the way to the land down under.
Stealing Fish From Ponds, Rivers or Lakes
Most would presume that fish from rivers and lakes belong to no one and therefore are ripe for the taking, but they would be wrong and in the 17 and 1800s you could be sent to the outback for this error in judgement.
The worst thing about fish theft is it remains a crime in England until today, with modern day poaches finding themselves in cuffs because they sought sustenance from the water.
Clandestine Marriage
Until 1753, there was no requirement for couples to be married in any particular way. Their marriage could be as discreet and ad hoc as they wished. That was until Lord Hardwicke’s Marriage Act. This Act forced couples to comply with strict new rules.
Couples were now mandated to be married in a parish where at least one of them were resident. They also needed to obtain an official marriage licence prior to the performance of the marriage.
If couples failed to comply, they were committing a serious offence punishable by transportation.
Did they have women’s best interests at heart here? It may appear over zealous to the modern eye, but in the setting of 18th century England, this law was actually of benefit to women, especially poor women. Men were known to form relationships with women of lower social status and then have secret weddings, once ‘wed’, the women may fall pregnant, but soon after the man would often leave his working class lady and unborn child and their wellbeing would be in great jeopardy. This law sought to prevent such scandalous and immoral behaviour.
Final thoughts
There was more to transportation than merely the crimes described here. It was often convenient politically for the powers that be to remove opposition from society. Numerous nationalities were affected too. Everyone from Greek pirates, Irish rebels and South Africans were sent down under. It’s also worth noting the gender disparity in relation to people who were sent abroad. Men were not normally sent away after their first crime, only after their second crime would they be transported out. Meanwhile, women were often shipped off after their first crime, no matter how petty. Fortunately, this practice no longer exists and people tend to have a fairer shot at justice without the threat of transportation looming over them.
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Delilah Brass
January 2022
SOUCRES
Australian Identity: A Sense of Belonging, (2005), R.I.C Publications, Australian Identity: A Sense of Belonging — Google Books
The Times, (2004), Questions Answered: Why was the crime of impersonating an Egyptian punishable by death in the 18th century?, Questions answered | The Times
William Blackstone, (2016), Commentaries on the Laws of England, Book 4