How can I prove that my ancestor was a convict ?

First the bad news--at times you may not be able to 'prove' that your ancestor was a convict although you may be able to be reasonably certain that he/she was.

• If the convict was still serving sentence and requested permission to marry  another convict or free person, then they would have requested permission to do so.  There could also be a notation on the Marriage document stating (with permission of the Governor or  Consent of the Governor or such like).  These permissions to marry are available  on microfiche at many large libraries in NSW,  between the years  1826 & 1851. The fiche does usually do not show the actual voyage number of a ship, but sometimes does include the year of arrival.  I have transcribed the Convicts Permission to Marry for Port Jackson and this is available on CD-ROM. 
  

What are the Convict Indents ?

They are more or less the passenger list for the ships that transported convicts.  In NSW these are available at many large libraries and the State Records of NSW.  They are arranged in order of  ships arrival and then each ship is either arranged alphabetically by convict name, or my trial place and others in no order at all.  Some are in very bad condition,  others are extremely hard to read and some are typed and very easy to read.  A hint: when visiting any library always take a magnifying glass. 

I have also transcribed the convicts to Port Jackson (& Moreton Bay)   and the convicts are listed alphabetically and also by ship.

See: The Port Jackson Convicts Anthology

The earlier Convict Indents contain nothing more than name, trial place, date & sometimes age. The later Indents contain, native place,  religion, literacy, number of children, crime, physical description and if number of previous convictions. Also noted on some are TOL number or CF number.
The Archives Office of Tasmania also has a similar product for convicts to VDL.

Terminology:
What does ….means ?  TOL  CP  AP   GS  CF

One often notes various letters after a convicts details and will give a short description of each:

CF
Certificate of Freedom--Convicts who had completed their sentence  were eligible to obtain this Certificate.  Convicts who had completed their sentence were then  classed as Free and could leave the colony if they so wished or take up a land grant in the colony. This certificate could not be revoked.  A convict with a Life sentence could not receive a Certificate of Freedom, but the lesser Conditional  Pardon. See State Government site for look ups.

• Check also fiche 'Register of Conditional Pardons 1791--1825'.  This comprises a register of Conditional pardons from 16/12/1791 to 6/12/1825. Varying degrees of information are provided, such as: Number & date of Pardon, Name, ship and year, native place, trade or calling, offence, place & date of trial, sentence, year of birth, height, complexion.
  

CONVICT ASSIGNMENTS
How can I find to whom my convict/s were assigned ?
Finding to whom or which department a convict was assigned can sometimes be a difficult job as there is NO one register for convict assignments for the complete years of transportation to Port Jackson.
Convicts were either sent to the country or remained in Sydney

Convicts were assigned:

*   assigned to the Government  for office or labouring work
*   Government Gang
*   to a private individual.
*   be assigned to their spouse .. although not a convict spouse
*   female convicts could have also been sent to the female factory

There are a number of ways to find to whom your convict was assigned

* Check Colonial Secretaries Papers 1788 to 1825 and also the later ones which are only partly Indexed.  Also check the Index under the name of the particular ship on which your ancestor arrived. Also check the Index of post 1825 Colonial Secretaries Letters indexed by Joan Reese.

* The 1828 Census and the various Musters and General Returns will assist in tracking your convict as they mention to whom your convict was assigned at that point in time, although they may have left immediately after the Muster or Census was taken..

* Many convict Indents (especially in the later years) note to whom a convict was assigned on the far right hand side of the Indent

* Check the Index to Assignment Registers 1821--1825 Microfiche. This register records date of bond, to whom assigned, residence, convicts name, ship, occupation, date of payment commencing, date & cause of return. I have transcribed this and it is included in my Anthology of PJ Convicts

* Check female Factory Index 1826--1848

* Check the Government Gazettes

* Check the Sydney Gazette

* The Convict Death Index lists the name of the person for whom a person was working at their time of death, in some instances.


* Nola Mackey (Grafton Family History Centre) has  transcribed  many of those assigned between 1830 and 1832.

* Check the internet for any listings of convict assignments as some may be mentioned in web sites put up by various people.

Whilst I was transcribing the 1821 - 25 Assignment Register I noted:

In some cases, during this period, I have convicts who were assigned to as many as 6 masters in a 3 year period. These convicts were usually those with a particular skill i.e. Blacksmith, Sadler, Carpenter, Stonemason etc  were assigned for a particular job that required doing.  Some convicts were assigned to masters proved to be incompetent and therefore returned to the Prisoners Barracks after a short time...some the same day !!

How do I find out if my convicts family came to Port Jackson ?

• Check the Wives and families of Convicts on Bounty Ships 1849--1855
  

• Again the 1828 Census and various Musters will list those who arrived free into the colony
  

Could a convict  leave the colony ?

If your convict ancestor had served his full term and had obtained a Certificate of Freedom or an Absolute Pardon, he or she was considered to be a free person in all respects and could leave the colony if they wished.    Most stayed here  !!  It is thought that only about 5% of convicts did return home although some did escape by various means.

There is no complete list available for departing ex convicts,  although it would be worth checking the Sydney Gazette for Notices of Intent for those departing the colony.

What was a Colonial Offence ?

These were offences committed within the colony--by either a convict or a free person.  A person could be re transported to one of the many other places within the colony  eg. Port Macquarie, Norfolk Island and Tasmania.

• Check Index to the Colonial Secretary's Papers 1788--1825 and those available after that date, but not fully indexed.
  
• Check Sydney Gazette
  
• Check the State Records for other Indexes
  
• Check the Bench of Magistrates (on-line)
  

Just how many convicts were sent to the colony ?

These figures are approximate only and include convicts from places other than the UK and Ireland eg Bombay, Mauritius , East Indies  etc  to Port Jackson.  Includes those who landed only.

Place                          Males                   Females
Port Jackson               66262                   12755
VDL                            52508                   12498
Port Phillip                   2026                       -
Norfolk Island              2733                       -
WA                               9636
Exiles to NSW             1100                        -
Moreton Bay                  517
Died en route  about 2400 - both sexes

Therefore an APPROXIMATE total of  just over 160,000

How can I obtain Trial Records ?

Tried at the Old Bailey: 
The Mitchell Library in Sydney has copies of these trials on microfilm. Ensure you take the exact date of trial with you as these are arranged chronologically. You can  obtain the trial date from the Convict Indent.  These may also be available elsewhere in Australia so it is best to check with your state library. They are now available on the internet

Tried elsewhere in England:

The Convict Indent will state whether your convict was tried at either the Assize Courts or the Quarter Sessions--which court was determined by the nature of the crime.

     Assize:  can be obtained from the PRO office in Kew, England now called The National Archives.  They will not provide you with the information, but provide a list of researchers who will (for a charge) be able to do this research for you.

     Quarter Sessions: can be obtained from the County Record Office where the crime was tried and also the  County newspapers may have also reported the crime, it may be worth checking that avenue.

Many large libraries in Australia  hold of copy of  the microfilm made available by the Australian Joint Copying Project (AJCP) which contains information about many trials in England.

Irish Convict Trials:
Most of these have not survived. It may be worth checking the following site to check if the convict you are seeking is listed: Transportation Records Database--Ireland
If the person you are researching was convicted before 1836, but was not the subject of a petition, he or she will not appear on this database.

Also check the Freemans Journals (Dublin)  films as these papers obtain much information about some of the convict trials.

Scottish Trials:
Are available from the National Archives of Scotland in Edinburgh for a charge. You will need to advise them of the exact trial date and place--again, you can obtain this from the Convict Indent.  You can email them on  wsr@nas.gov.uk  or their web site

I want to find who the parents of my convict ancestor were

This question is often asked. The names of parents are NOT included on the Indents.
You MAY be able to find further information on the IGI or  Petitions for Clemency

Why use an alias ?

The use of Aliases is that they were primarily used to:

1. protect the families 'good' name and I have found that in many instances a male convict would use his mothers maiden name.
2. often a convict, if he or she had a prior conviction for a crime that did not result in transportation, would use another name in order that their 'new' sentence would not be too harsh.
3. Female convicts were often transported under their maiden name and sometimes her alias was her 'married' name.


Some convicts used for than one alias and often both the Christian and the Surname could be an alias.

There were also a number of male convicts whose alias was also a nickname…for example
Thomas Smith  alias Gypsy Tom
John Forman  alias  Black Jack
John Bates  alias Lucky John
Robert Withers alias  Blue Bob
John Boyd  alias Pily Jock
Richard Sheldon  alias Rough Dick
William Fubbs  alias Jack the Gardener
Joseph McManus  alias Bold Boy

Publican's Licences

The "Butts and Certificates of the First Publicans Licences 1830 - 1860"  have been indexed by Jean McNaught.  Many libraries will hold the microfilm of these Butts. 
A example of what the Butts contain is as follows:

Revenue Branch, Colonial Treasury, Sydney
Date: 5 June 1848

License to Retail Fermented and Spiritous Liquors, issued in favour
of..    (Gregory Board), for the House known by the Sign of …"The Blue Lion" 
At:     Clarence and Market Street, Sydney
From  1 July 1848 to 30^th June 1849.

Amount Duly Received:
Certificate of the above-mentioned

Being a fit Person to keep a Public House granted by
…. (signed)  Justices of the Peace
Assembled at…Sydney on the ..8 day of ..May, 1848

The Index will give you this information and I use another person as an example

Name: Charker
Given:  James
Reel:  1241
Public House Title:  The Plough Inn
Licence No.:  1315
Location:  Berrima
Year:  1858