Transportation Act of 1718

AN ACT FOR THE FURTHER PREVENTING ROBBERY, BURGLARY, AND OTHER FELONIES, AND FOR THE MORE EFFECTUAL TRANSPORTATION OF FELONS, AND UNLAWFUL EXPORTERS OF WOOL; AND FOR DECLARING THE LAW UPON SOME POINTS RELATING TO PIRATES.

Whereas it is found by experience, that the punishments inflicted by the Laws now in force against the offences of robbery, larceny and other felonius taking and stealing of money and goods, have not proved effectual to deter wicked and evil-disposed persons from being guilty of the said crimes;

And whereas many offenders to whom Royal mercy hath been extended, upon condition of transporting themselves to the West-Indies, have often neglected to perform the said condition, but returned to their former wickedness, and have been at least for new crimes brought to a shameful and ignominious death;

And whereas in many of his Majesty’s colonies and plantations in America, there is great want of servants, who by their labour and industry might be the means of improving and making the said colonies and plantations more useful to this Nation:

BE IT ENACTED BY THE KING'S MOST EXCELLENT MAJESTY, BY AND WITH THE ADVICE AND CONSENT OF THE LORDS SPIRITUAL AND TEMPORAL, AND THE COMMONS, IN THIS PRESENT PARLIAMENT ASSEMBLED, AND BY THE AUTHORITY OF THE SAME,

That where any person or persons have been convicted of any offence within the benefit of clergy, before the 20th day of January, 1717, and are liable to be whipped or burnt in the hand, or have been ordered to any workhouse, and who shall be therein on the said 20th day of January;

As also where any person or persons shall be hereafter convicted of grand or petit larceny, or any felonious stealing or taking of money or goods and chattels, either from the person or the house of any other, or in any other manner, and who by the law shall be entitled to the benefit of clergy, and liable only to the penalties of burning in the hand or whipping, (except persons convicted for receiving or buying stolen goods, knowing them to be stolen) it shall and may be lawful for the Court before whom they were convicted) or any court held at the same place with the like authority, if they think fit, instead, of ordering any such offenders to be burnt in the hand or whipped, to order and direct, that such offenders, as also such offenders in any workhouse as aforesaid, shall be sent as soon as conveniently may be, to some of his Majesty's colonies and plantations in America for the space of 7 years;

And that court before whom they were convicted, or any subsequent court held at the same place, with like authority as the former, shall have power to convey, transfer and make over such offenders by order of court, to the use of any person or persons who shall contract for the performance of such transportation, to him, or them, and his and their assigns, for such term of 7 Years;

And where any persons have been convicted, or do now stand attainted of any offences whatsoever for which death by law ought to be inflicted, or where any offenders shall hereafter be convicted of any crimes whatsoever, for which they are by law to be excluded the benefit of clergy, and his Majesty, his heirs or successors shall be graciously pleased to extend Royal mercy to any such offenders, upon the condition of transportation to any part of America, and such intention of mercy be signified by one of his Majesty's principal Secretaries of State, it shall and may be lawful to and for any court having proper authority to allow such offenders the benefit of a pardon under the Great Seal, and to order and direct the like transfer and conveyance to any person or persons (who will contract for the performance of such transportation) and to his and their assigns of any such before-mentioned offenders, as also of any person or persons convicted of receiving or buying stolen goods, knowing them to be stolen, for the term of 14 years, in case such condition of transportation be general, or else for such other term or terms as shall be made part of such condition, if any particular time be specified by his Majesty, his heirs and successors, as aforesaid;

And such person or persons so contracting, as aforesaid, his or their assigns, by virtue of such order of transfer, as aforesaid shall have a property and interest in the service of such offender for such terms of years.

A Man Outside the Law

A monarch who transcends the limits of the Law is a startling concept, especially if he is given divine right to stand above the rest and pass judgement.  If one is given to believe either Hobbes or Locke (though Locke would disprove of such a monarch), the people will have chosen--or at the very least agreed--to put themselves in this man's power. His influence includes the right to punish as "an aspect of the sovereign's right to make war on his enemies: to punish belongs to 'that absolute power of life and death,'" which seems to put our prince on level with a god--a decider of  right and wrong, life and death (Foucault, 48).   The people have created their own judge and executioner:  "A PUNISHMENT is an evil inflicted by public authority on him that hath done or omitted that which is judged by the same authority to be a transgression of the law" (Hobbes, 203).  This authority, however, answers to none but the Almighty (as a divine sovereign) and is given free reign of whim and fancy if he should decide to ignore this or that moral notion of propriety.

What should happen, then, if a prince were to become tyrant and take advantage of his immunity--assuming of course, the heavenly power which enthroned him does not deem it fit to strike him down?  Modern thinkers would demand his removal, and Locke would agree.  Yet, "there can happen no breach of covenant on the part of the sovereign; and consequently none of his subjects," because that would be going back on their word!  What mortal group could think of disposing a god appointed by God, anyway?  Even Locke concedes that revolutions are rare; if frequent, our textbooks would not print their glorious deeds in bold.  The Enlightened philosopher believes "people are not so easily got out of their old forms as some are apt to suggest," and fall into a sort of Stockholm Syndrome with their pompous leader (Locke, 234).  Certainly, a complete reform is not necessary for "every little mismanagement in public affairs," but the divine monarch does not have even this to fear (235).  His "mismanagements" cannot be questioned and his decisions absolute.  If lightning does not strike him from the sky, his judgement must be just.