Convict pardons: conditional and absolute

Overview

Early governors' discretionary powers

In the formative years of the colony the governor possessed the discretion to grant free pardons and conditional pardons as rewards for good behaviour, for special skills or for undertaking special responsibilities. (Hirst, Convict society, p85). From 1790, the governor was empowered to remit, either absolutely or conditionally, the whole or any part of a prisoner's sentence. (Shaw, Convicts and the colonies, p82). Pardons were also sometimes granted on arrival to educated or gentleman convicts with private means.

Governor Macquarie’s new regulations on granting pardons

Following Governor Macquarie's arrival, persons who had received pardons and certificates after the 'Rum Rebellion' were required to surrender them. They were then examined and reissued subject to Macquarie's approval.

The Select Committee on Transportation in 1812 expressed concern about the number of pardons granted and about those given to convicts on arrival. In response, Macquarie introduced new regulations setting minimum periods to be served for both pardons and tickets of leave.

A court case in England declared invalid absolute pardons granted before 1819 because they had not been issued under the Great Seal. The issue was resolved by the New South Wales Act of 1823 which 'gave to all pardons previously granted the Standing of a pardon under the Great Seal'. (Hirst, Convict society, p159). The Act also allowed the governor to recommend but not grant pardons, although they were to take effect from the date of the governor's signature.

Restrictions on absolute pardons

Conditional pardons required their recipients to remain within the 'Government limits', that is the colony until their original term had expired. In a despatch dated 20 July 1845, Governor Gipps received instructions to restrict the issuing of absolute pardons and to introduce two classes of conditional pardons 'the first class to be valid everywhere except in Europe' which was to be given to those who were under the former system would have been recommended for absolute pardons and the second class 'to be valid only in the Australian colonies including New Zealand' to those who 'under ordinary circumstances be recommended for conditional pardons'. (HRA Vol 24, pp410–411). We hold records which reflect these changes (see NRS-1175 and NRS-1176).

Greater movement for holders of conditional pardons

In a despatch dated 13 May 1846, it was further decided 'to give the convict, either colonial or British, the power of removing to any place he may desire provided he should not return to the country or colony from which he had been transported'. (HRA Vol 25, p56). 'This arrangement will have a retrospective effect and will apply to all conditional pardons now in force'. It was hoped that this would draw off the 'redundancy of labour' in Van Diemen's Land. (HRA Vol 24, p411).

From 1847, the main series of conditional pardons (NRS-1172) bear the wording 'valid in all parts of the World except Great Britain and Ireland'. If the person had been tried elsewhere that colony would also be added.

Imperial pardons

Imperial pardons are pardons for offences not committed in the colony

1. Absolute – granted by the governor and approved by the secretary of state, remitting entire sentence. Prepared in same way as conditional pardons.
2. Conditional – granted by the governor and approved by the secretary of state, on condition of recipient remaining in the colony until original sentence had expired. Details were provided on a printed form that was completed in duplicate, one copy being sent to England. When approved by the secretary of state, the certificate was registered and the Instrument sent to the clerk of the Supreme Court – a copy certified by him was afterwards sent to the principal superintendent of convicts for delivery to the party.
3. Royal warrants – warrant from the monarch authorising the grant of pardon.

Colonial pardons

Pardons for colonial offences

Granted absolutely by the governor, and approved by the secretary of state. All were executed only in the original which was sent to the clerk of the Supreme Court. When certified by him it was referred to the principal superintendent of convicts for delivery to the party concerned.

1. Reprieves from death sentences. These were issued on condition of the person involved being sentenced to hard labour in a road gang, or to a penal settlement. The death sentence was to be immediately carried out if the convict was found at large in any other place.
2. Commutation of sentence. This was made on condition that the convict concerned remained in the colony as a convict.
3. Conditional pardons remitted the remaining part of the sentence provided the convict remained in the colony.
4. Absolute pardons remitted the whole of the sentence.
5. Special pardons remitted the entire sentence. Notes from CSIL Bundle [4/1124]

Indexes to the records

The main series to check for conditional pardons are Registers of Conditional Pardons, 1791-1825, NRS-1170 and Copies of Conditional Pardons, 1826-1870, NRS-1172.

Search across the following indexes in the Convicts Index

• Index to tickets of leave certificates of emancipation and pardons, 1810-1819
• Index to conditional pardons, 1826-70

Other indexes to check:

• Index to the Colonial Secretary's Papers, 1788-1825
• Joan Reese's NSW Colonial Secretary's In Letters Index to convicts and others, 1826–96, available in the Reading Room
• Index to letters sent re convicts, 1826–May 1855 (compiled by Joan Reese)
• Contemporary Colonial Secretary's Indexes and Registers, 1826-1900, NRS-922

• NRS-1170 Registers of conditional pardons, 16 Dec 1791-6 Dec 1825, 1 Jan 1837-27 Aug 1841

[4/4430; 4/4481] The first volume shows: name, ship and year of arrival, native place, trade and calling, offence, place and date of trial, sentence, year of birth, height, complexion, and colour of hair and eyes. The second volume records: number, name, date ordered and date of issue. There are indexes in front of the volumes and an online index is available

NRS-1172 Copies of conditional pardons registered by the Colonial Secretary, 6 May 1826-11 Aug 1870

The following personal details are noted on the back of the pardon: name, ship and year of arrival, master's name, native place, trade or calling, offence, sentence, year of birth and physical description. There are indexes in front of the individual volumes and an index is available online.

• NRS-1173 Registers of convicts recommended for conditional pardons, 6 May 1826-30 Jun 1856

The first two volumes record: number and date of pardon; name; ship; master and year of arrival; native place, trade or calling; offence; sentence; year of birth; and physical description, together with details of who recommended the pardon and the result of the application. The last volume notes only name, number, and ship of arrival with occasional other details. Available in the online index.

• 6 May 1826-1 Oct 1842 Index in front of volume [4/4478], Reel 797 Fiche 824-828
• 1 Feb 1843-No.830 of 1846 Index in front of volume[4/4479], Reel 797 Fiche 828-832
• No.831 of 1846-30 Jun 1856 [4/4480] Reel 798 Fiche 832-835
  

• NRS-905 Letters received, 1842

[4/2567.1], Reel 799 Return of absolute and conditional pardons granted during 1842
The returns show date and number of Secretary of State's despatch approving pardon, name, ship and year of arrival, when and where tried, and sentence.

• NRS-906

Special bundles, 1826-1839
[4/1124]

Papers re the issuing of pardons in the colony, the right of persons holding conditional pardons to serve on juries and registration of pardons. Also included are several sample absolute and conditional pardons and papers relating to pardons for individuals.

Special bundles, 1826-1845
[X62], Reel 798

Papers re Pardons

Applications for conditional pardons, 1826-1827
The returns show date of memorial, name, ship and year of arrival, sentence, ticket of leave, present residence, by whom or how recommended

Applications for absolute and conditional pardons, 1828-1830
The returns show date of memorial, name, ship and year of arrival, sentence, ticket of leave, present residence, by whom or how recommended

Applications for conditional pardons (approved by the Governor), 7 Nov 1843-31 Mar 1844 (alphabetical)

Alphabetical list of conditional pardons approved, 1837, 1845
The lists provide full details for each convict.

Special bundles, 1830-1841
[4/1122.1], Reel 798

Absolute and conditional pardons — approval from the Secretary of State

Special bundles, 3 Dec 1831-31 Dec 1833
[X733]

Return of colonial pardons and reprieves
The return records name; ship and year of arrival; colonial conviction — court, date, offence and sentence; and details of pardon.

Special bundles, 1835-1839
[4/1123.1], COD 513

Papers re pardons for machine breakers and rioters
Convicts per Eleanor, 1831 and Captain Cook, 1833 to New South Wales and Eliza and Proteus, 1831 to Van Diemen's Land.

Special bundles, 1838-1839
[X645-646], Reel 591

Petitions for pardons. Index on Reels 1250-51

• NRS-1160 Registers of colonial pardons, 1 Mar 1788-29 Jul 1867

[4/4493-4494], Reel 771 Colonial Pardons concern crimes committed in the Colony. There are indexes in front of the volumes. Available in the online index.

• 1 Mar 1788-3 Jun 1834 Watermark 1829 [4/4493]
• 22 Jul 1837-29 Jul 1867 [4/4494] COD 220A&B

• NRS-1161 Copies of royal pardon warrants, 4 Feb 1791-26 Jul 1873

[4/4495, 4/4428], Reel 772 Copies of warrants from the Crown authorizing the grant of a pardon. Frequently many personal details of the convict are also noted. Includes those for machine breakers per Eleanor and convicts per Hashemy. There are indexes in front of the volumes. Available in the online index.

• 4 Feb 1791-21 May 1844 [4/4495]
• 15 Jun 1844-26 Jul 1873 [4/4428] also on COD 215

• NRS-1215 Registers of absolute and conditional pardons, 1792-1809

[SZ75-76], Reel 2910; [SZ47], Reel 773 The volumes frequently provide details of why the pardon was granted. Due to their fragile condition they cannot be issued. [SZ47] has been indexed in detail at COD 264 available in the Reading Room.

Information on early land grants is also included in these volumes.

• No.1 - 1792-95 [SZ75]
• No.2- 1795-1800 [SZ47]
• No.3- 1800-09 [SZ76]

• NRS-1165 Copies of returns of absolute and conditional pardons granted, 1810-1819, 1836, 1838-1841

[4/4427 part, 4/4492], Reels 601, 774, 669 & COD 18 Available in the online index.

• NRS-1167 Returns of pardons and certificates of freedom surrendered, 29 Jan 1810-18 Feb 1811

[4/4427 pp.120-165], Reel 601 & COD 18 Available in the online index.

• NRS-1171 Copies of butts of conditional pardons, 30 Sep 1824-9 Feb 1827

[4/4431], Reel 774 The volume records number and date of pardon, name, ship and year of arrival, when and where convicted, term, native place, calling, year of birth, and physical description. Available in the online index.

• NRS-1174 Alphabetical register of pardons

[6/884], Reel 798 & COD 221 The volume records details of the number of the pardon, name of prisoner, ship of arrival, date of pardon, whether conditional or absolute, by whom signed, date received and date certified copy transmitted., 1828-1862

• NRS-1175 Register of first class conditional pardons, 7 Mar-20 Jul 1846

[4/4482], Reel 799 A first class conditional pardon applied 'in all parts of the world except Europe and the Islands adjacent thereto'.

The register provides the following personal details: name; ship, master and year of arrival; native place; trade or calling; offence; sentence; place and date of trial; year of birth; and physical description. There is an index in front of the volume. Available in the online index.

• NRS-1176 Register of second class conditional pardons, 16 Mar-20 Jul 1846

[4/4483-4484], Reel 799 During the term of their original sentence the holder of a second class conditional pardon was to remain 'wholly within the whole of Her Majesty's Australian Colonies and New Zealand, but not elsewhere' otherwise the pardon would become void. They concern imperial convictions.

The volumes provide the following personal details: name; ship, master and year of arrival; native place; trade or calling; offence; place and date of trial; sentence; year of birth and physical description. There are indexes in front of the volumes.

Available in the online index.

• 16-27 Mar 1846 [4/4483]
• 27 Mar-20 Jul 1846 [4/4484]

• NRS-1177 Registers of absolute pardons, 16 Dec 1791-1 Jul 1843

[4/4486-88], Reel 800 For period 1791-1810, the register is only a list of persons receiving absolute pardons (showing number, date of pardon, and name, until the commencement of Macquarie's administration, and then from 17 March 1810-24 August 1825 providing much fuller details). The first volume contains manuscript copies of the pardons from 1 December 1830-26 February 1842. The other volumes contain duplicates of the actual pardons. There are indexes in front of the volumes.

Available in the online index

• 16 Dec 1791-24 Aug 1825 [4/4486]
• 1 Dec 1830-26 Feb 1842 [4/4486]
• 6 May 1826-28 Jun 1831 [4/4487]
• 1 Dec 1832-1 Jul 1843 [4/4488]

• NRS-1179 Registers of recommendations for absolute pardons, 6 May 1826-1846

[4/4489-90], Reel 800 These volumes record details of convicts recommended for pardons and usually the names of the person or persons who did so. There is an index in the front of each volume.

Available in the online index.

• 6 May 1826-No.21 of 1844 [4/4489]
• No. 22 of 1844-1846 [4/4490]

• NRS-1180 List of absolute pardons granted, 1 Jan 1837-31 Jul 1841

[4/4491], Reel 801 The list notes the date and number of the authorizing despatch, the convict's name and vessel of arrival, and occasional other notes. There is an index in front of the volume.

Available in the online index 

• NRS-1181 Register of exceptive absolute pardons, 15 Mar-1 Sep 1845

[4/4485]. Reel 801 During the term of the original sentence the Exceptive Absolute Pardon was valid 'except within the limits of the United Imperial Kingdom of Great Britain and Ireland'. The volume provides full personal details of the convict, and has an index. Available in the online index

• NRS-1182 Returns of pardons, 1869-1873

[X749], Reel 801 The record provides details of: name of prisoner, offence for which tried, date of conviction, name of judge, sentence, date of release and whether absolute or conditional pardon, name of Colonial Secretary of the time, nature of advice or opinion of minister if any on papers, and any further remarks.

Courts of Petty Sessions

Judge Advocate

Principal Superintendent of Convicts

Other sources

Sources held elsewhere

Records of commutation of sentences

A commutation of sentence granted a reprieve from the death sentence usually to a term of transportation or penal servitude.

Attorney General and Justice

Colonial Secretary

Convict Classification Board

Sheriff

Supreme Court

Additional sources

• Musters and Census records - A person's condition (free, convict, ticket of leave, certificate of freedom, conditional pardon, absolute pardon) is often recorded in muster and census records.
• Convict Indents often contain annotations concerning tickets of leave, certificates of freedom and pardons.
• NSW Government Gazettes, available on the National Library of Australia's Trove website. NSW Government Gazettes1832-50 have also been indexed in the Australasian Genealogical Computer Index (AGCI) available through The Society of Australian Genealogists.
• Some records concerning tickets of leave, 1834, 1836-7 and pardons, 1834-1859 have been filmed from records held in Britain as part of the Australian Joint Copying Project. See Appendix IV of the Convicts & convict administration guide for further details.