State Records NSW - Archives in Brief 2

Archives in Brief 2 - Convict records

About this Archives in Brief
Online indexes
Where to begin convict research
Trial records
Convict indents
Surgeons' Journals
Assignment
Tickets of Leave
Certificates of Freedom
Pardons
Marriage
Death
Petitions and Correspondence
Muster and census records
Convict bank accounts
Further reading

This AIB outlines the main sources to be used for convict research. For further information researchers should consult Archives Investigator, Archives in Brief 34, Archives in Brief 100, and the Guide to Convict Records, known as the Convict Guide, which is available in both reading rooms, for more detailed information.

Online indexes

A range of online convict indexes are available to search. We are progressively adding new indexes to this collection. Our other online indexes, such as the Index to Bench of Magistrates cases, 1788-1820 and the Index to Quarter Sessions cases, 1824-37 may also be of interest to convict research.

Where to begin convict research

The first step is to identify the convict:

Marriage and death certificates

A marriage certificate may say 'married with permission of the Governor'. This indicates that one or both parties to the marriage were convicts still serving their sentences. A death certificate may state 'prisoner of the Crown'.

Muster and census records

These records will often note if somebody was a convict at the time, or if they were 'free by servitude'.

Family stories

If there is a possibility that there is a convict in the family check the following for the ancestor's name:

Title	Series	Copy	*ARK
Index to convict indents, 1788-1842	-	Fiche 5969-5979

Trial records

Criminal registers

State Records holds microfilm copies of criminal registers for England and Wales, which provide basic information about a convict's trial including crime. These are part of the Australian Joint Copying Project (AJCP) and are held on microfilm in both reading rooms and at the Mitchell Library (the State Library of New South Wales).

Case papers

The records of Quarter Sessions cases in England are held in the County Record Office of the county in which the trial occurred. The National Archives (UK), holds records of trials by Assize Courts in England. Transcripts of trials that were heard at the Old Bailey in London are held on microfilm at the Mitchell Library and will be made progressively available online at the Proceedings of the Old Bailey website.

Irish trial records

There are few records of trials surviving for Ireland. Some records are included in the 'Irish Gift', which is a set of microfilm records given to Australia as a Bicentennial gift. Microfilm copies of these records are available at the Western Sydney Records Centre, the State Library of NSW and the Society of Australian Genealogists. Indexes to these records are held at the State Library of NSW and on the National Archives of Ireland website.

Convict indents

The starting point for any convict research is the convict indent, which is the list of convicts transported to New South Wales on a particular ship. The early indents only provide name, date and place of trial and sentence. Later indents contain more information such as a physical description, native place, age and crime. The indents may also contain numbers of tickets of leave, pardons or certificates of freedom as well as details of any further crimes committed in the colony. Researchers should always make a note of these annotations.

Indexes to convict indents

Title	Series	Copy	*ARK
Index to convict indents, 1788-1842	-	Fiche 5969-5979
Published by the Genealogical Society of Victoria.
Index to convicts arriving, 1849-50	-	COD 496

In addition, there are 18th and 19th century indexes to convicts arriving, which may also be checked if the convict being researched does not appear in any of the above. These indexes are listed in the Convict Guide.

Surgeons' Journals

The surgeon's journal for a particular convict ship usually contains details of any illnesses or deaths during the voyage. The journal may also contain mention of a convict's behaviour during the voyage and a description of the voyage.

The surgeons' journals of ships carrying convicts to New South Wales are available as part of the Australian Joint Copying Project (AJCP), and are held on microfilm in both reading rooms and at the Mitchell Library. See the Convict Guide for a listing of surgeon's journals.

Assignment

On arrival, a convict was either retained by the Government for labour on public works or was assigned to an individual. Very few records of assignment have survived. Those that have survived are listed in the Convict Guide.

Useful resources relating to assignment

Title	Series	Copy	*ARK
Index to assignment registers, 1821-25	-	Fiche 745
Index to convicts arriving, 1828-32	-	PRO Reel 70
Index to convicts arriving, 1833-34	-	PRO Reel 70
Index to Tickets of Exemption from Government Labour, 1827-32		Fiche 1001

Tickets of Leave

A ticket of leave allowed convicts to work for themselves on condition that they remained in a specified area, reported regularly to local authorities and if at all possible, attend divine worship every Sunday. Further details of tickets of leave may be found in the Convict Guide. An index to these records is:

Title	Series	Copy	*ARK
Index to NSW Convict Tickets of Leave, 1810-75	-	Fiche 5727-5733
This index is also available online at the Society of Australian Genealogists' website.

Certificates of Freedom

A Certificate of Freedom was only available to a convict with a finite sentence (for example, 7, 10 or 14 years), as it showed that a sentence had been completed. Convicts with a life sentence could receive a pardon.

Index to check	*ARK
Index to Certificates of Freedom, 1823-69

Pardons

Convicts with life sentences generally received pardons. The two main types of pardons were:

Conditional pardon - the convict was free as long as they remained in the colony. The vast majority of convicts granted pardons were granted a conditional pardon.

Absolute pardon - the convict's sentence was entirely remitted. That is, they were free both within and outside of the colony and could return to Britain.

Further details of pardons may be found in the Convict Guide.

The main records for conditional pardons are in the Colonial Secretary's records

Title	Series	Copy	*ARK
Registers of conditional pardons, 1791-1825	NRS 1170	Reel 774; Fiche 820-23
Copies of conditional pardons registered by the Colonial Secretary, 1826-70	NRS 1172	Reels 775-796
Index to Convict Pardons 1791-1825, 1837-47

Marriage

Marriage for a convict still serving his or her sentence may have resulted in better working or living conditions. Marriage was clearly seen as an indulgence and it was therefore necessary to apply to the Governor for permission to marry.

The main sources to check are:

Title	Series	Copy	*ARK
Index to the Colonial Secretary's papers, 1788-1825
TD Mutch index to births, deaths and marriages, 1787-1957	-	Reels 2125-2129
The index is believed to cover all existing birth, death and marriage records for NSW between 1787-1828, except for the Newcastle Register and the Methodist Church records and selected records to 1957.
Index to Convict Marriage Banns, 1826-41	-	Fiche 5270-5277
Principal Superintendent of Convicts: Registers of convicts' applications to marry, 1825-51	NRS 12212	Fiche 780-802

Death

The Government generally recorded the death of a convict still serving his or her sentence.

Principal Superintendent of Convicts

Title	Series	Copy	*ARK
Convict death register, 1828-79	NRS 12213	Fiche 749-751
Entries chiefly relate to convicts who were still serving their sentences

Petitions and Correspondence

A convict may have petitioned the Government about a number of matters or may be mentioned in the correspondence of another individual. Often these petitions, memorials and items of correspondence can provide valuable information about the convict, their family and circumstances.

Indexes to check are:	*ARK
Index to the Colonial Secretary's papers, 1788-1825
Index to the Colonial Secretary's Correspondence: Convicts and Others, 1826-88. Fiche 5557-5559, 5736-5738, 5907-5909, 5955-5957, 5966-5968, 6069-6074, 6127-6129, 6433-6435, 6448-6450.
This indexes letters relating to convicts in Colonial Secretary; NRS 905, Main series of letters received, 1826-88.
Index to letters received by the Colonial Secretary from individuals regarding land, 1826-56
Index to the copies of letters sent re convicts by the Colonial Secretary, 1826-55. Fiche 5912-5914, 5921-5925.

Muster and census records

At various times, the Government of the colony conducted a census or muster of the inhabitants of the colony. These may have been for a specific purpose such as assessing landholdings or as a general 'head count' of the population. These muster and census records can contain valuable information concerning a convict's residence, employment and family circumstances.

Some of the early musters and censuses have been published in book form, for example the 1828 Census. These are available in both reading rooms as are microform copies of all other surviving musters and censuses for New South Wales. See Short Guide 12 for more information.

Convict bank accounts

After 1822 any money a convict brought to New South Wales was entrusted to the Surgeon-Superintendent of the ship during the voyage out and these funds were then deposited in the Savings Bank on arrival. In addition, money that was earned for extra work performed, or deposited by friends or relations could be held in trust for a convict. The convict could not access the money until proof of reformation could be shown such as having received a ticket of leave, pardon or on completion of sentence.

Index to check	*ARK
Index to convict bank accounts, 1837-70