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Families of convicts

Families of convicts sometimes accompanied their convict relations or came out later. Marriages in the Colony were encouraged, the authorities believing family life served moral ends and brought stability to society. Various inducements such as tickets of leave, pardons and assistance with establishing households were offered.

Overview

Convicts who had been in the Colony for a period without getting into further trouble were eligible to apply to have their families brought out at the expense of the Crown.

Children of convicts

Wives and families of convicts sometimes accompanied their convict relations or came out later. (Shaw, Convicts and the Colonies, p.89). Children were placed on board the convict transports with their parent(s) often with no official record of their voyage or arrival being recorded. The children were supported and fed at government expense and orphan homes were established to accommodate those separated from, or deserted by, their parents. Young children were permitted to stay with their mothers in the Female Factory until they reached the age of four when they were sent to the Orphan Schools and could be returned to their mother when she left the Factory.

Marriage in the Colony

Until the 1820s marriages, regardless of the faith of the individuals involved, were conducted only by the Church of England and involved the issuing of a licence or the proclamation of banns on three successive Sundays before the ceremony. The licence fees amounted to £4/4/0 and only the more affluent could afford to proceed by this means.

Applications to marry

Approval in the case of convicts had to be given by the Governor and applications were initially directed to his private secretary, later to the Colonial Secretary, and from 1828 to the Principal Superintendent of Convicts. Returns of the applications for the publication of banns were sent by the local clergyman to the Colonial Secretary and remain in his correspondence.

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Incentives for convicts to marry

Governors encouraged marriage and family life believing that it served moral ends and brought stability to society. Various inducements such as tickets of leave, pardons and assistance with establishing households were offered. Following the opening of the Convict Barracks married men were given Fridays and Saturdays to support their families and were allowed to sleep with their wives. Regulations dated 1 March 1817 allowed for wives and families to be brought to the colony at government expense (NRS 898, Special bundles, 1794-1825 [SZ756 p 383], Reel 6039). In approved cases convicts were granted exemption from government labour so that they could reside with their families. Records of tickets of exemption are available for the period 1827-32. 

Remarriage in the Colony

It was not uncommon in the early years for convicts to marry again in the colony even though they had already been married prior to conviction. Some acted in the belief that their spouse was dead, others either thought they would never see their spouse again or believed incorrectly that transportation annulled marriage. There are letters in the Colonial Secretary's Correspondence concerning instances of bigamy being bought to official notice. Divorce was not possible in New South Wales until 1873.

Despite the encouragements for convicts to marry the presence of far more men than women meant many found marriage was not an option.

Registration of BDMs

State registration of births deaths and marriages was not introduced until 1 March 1856. The recording of baptisms, burials and marriages in church registers was well established in England but the first Acts in New South Wales to regularise and validate the practice, as well as to authorise registration were not passed until 1825 for Anglicans, 1834 for Roman Catholics, 1834 for Presbyterians, 1839 for Wesleyans and 1840 for the Congregational, Independent and Baptist denominations. Nevertheless records were kept prior to these years.

The first Church of England records are of First Fleet baptisms and burials. However, original records for some of the ceremonies that took place prior to the dates mentioned above were either not retained by church authorities, or were not recorded.

Between 1826 and 1855 copies of Church of England records were required to be sent firstly to the Registrar of the Archdeacon's Court and later to the Registrar of the Bishops of Australia. These records did not pass into the possession of the Registrar General until 1882 following the Clergy Returns Transfer Act 1878.

As from the date of recognition of each of the other denominations the ministers were required to send copies of their records annually to the Registrar of the Supreme Court. These records were transferred to the Registrar General in 1856.

Indexes to the records

Index to Abstract of all licences for marriage granted to free persons, Mar 1813–Dec 1827

List of main record series

Families overseas

Convicts’ applications to have families brought to the colony at Government expense

Convicts who had been in the colony for a period, and who did not commit further offences, were eligible to apply to have their families brought out at the expense of the Crown.

Applications had to show that convicts would be able to support their families upon their arrival and not incur any further expense to the Government. In general, families were not permitted to reunite in Australia unless the convict applying had a Ticket of Leave. This allowed convicts to work for themselves, to provide a means for supporting their families.

NRS-905 List of Irish passengers arrived on the ship, Sir Joseph Banks, 8 Oct 1828

[2/8559], Reel 2795; CO 394

Includes wives and families of convicts.

NRS-1155 Musters and other papers relating to convict ships, 1790–1849: Returns of the families of convicts on convict ships, and other papers, 1790-1849

See Appendix III of the Guide to Convicts and Convict Administration

NRS-1191 List of convicts who applied for their wives and families to be sent to New South Wales at the expense of the government, 1 May 1843

[4/1111.4]

NRS-1190 Returns of convicts’ applications for wives and families to be brought to New South Wales at the government’s expense

The returns note convict's name, ship and year of arrival, wife's maiden name, number of children, residence of wife and to whom known.

  • 1837-1843 [4/4492], Reel 699, 774. Index in front of volume
  • 20 Oct 1847–1 Apr 1850 [4/4533], Reel 699

NRS-4518 Despatches to the Secretary of State and the Under Secretary, 1790-1897

[4/1637 pp.236-65], Reel 697

Alphabetical list of 89 convicts recommended to have their families sent out at the expense of the Crown, showing name, ship, wife’s maiden name, number of children, where residing and to whom known and whom recommended, 1823

NRS-5321 Wives and families of convicts on bounty ships, 1849-1855

[4/4819], Reel 699; Fiche 837-838; COD 4

Wives and families of convicts on bounty ships

Each entry records the name, sex, age, marital status, calling, native place, religion and education of the immigrant as well as his or her relationship to the convict. In addition, information concerning immigrants arriving who were not related to convicts is recorded in the lists for the ships William Jardine, Success, Anglia and Ramillies.

Additional sources

Births, Deaths and Marriages

NRS-898 Norfolk Island: Annual return of births, deaths and marriages, 10 Apr 1810–10 Apr 1811

[4/1169 p.287a], Reel 763

NRS-906 Returns of births, deaths and marriages, 1811-1828

These returns are indexed in the Mutch Index.

  • Campbelltown -
    • 6 May 1821–31 Dec 1826 [2/8302, pp.1-39 ], Reels 6025, 692
    • [2/8302, pp.41-49], Reels 6025, 692 - Mutch's copies of 1827–31 of Marriage returns
  • Castlereagh and Richmond - 1 Jan 1815–30 Sep 1827 [2/8300], Reels 6025, 692Parramatta St. Johns - 1 Jan 1811–31 Dec 1820 [2/8296], Reels 6024, 691
  • Liverpool District - 1 Oct 1811–30 Sep 1825 [2/8301], Reels 6025, 692Parramatta St. Johns - 1 Jan 1821–31 Mar 1825; 1 Jan–30 Sep 1827 [2/8297], Reels 6024, 692
  • Newcastle - 1 Jul 1818–30 Jun 1825 [2/8302], Reels 6025, 692
    • Mutch's copies 1825
    • Burials 1828
  • Port Macquarie [2/8302], Reels 6025, 692 - Mutch's copies of marriage returns 1824–25Sydney St. Phillips - 1 Jan 1811-31 Dec 1825 [2/8293], Reels 6024, 691
  • Roman Catholic returns
    • Revd Joseph Therry 1 Jan–31 Mar 1821 [2/8302, pp.57-72], Reels 6025, 692
    • Revd P. Conolly 1 Jan–31 Mar 1821 [2/8302, pp.73-6], Reels 6025, 692
  • Sydney St. James (Mutch's copy) - 1 Jan 1824–30 Sep 1825, Oct–Dec 1825 [2/8294], Reels 6024, 691
  • Sydney General Hospital deaths - 1 Jan 1811–31 Mar 1812; 1 Jan–31 Dec 1818; 1 Jan–14 Oct 1826 (weekly reports) [2/8295], Reels 6024, 691
  • Windsor and the Hawkesbury District- 1 Jan 1811–31 Dec 1820 [2/8298], Reels 6024, 692
  • Windsor and the Hawkesbury District - 1 Jan 1821–30 Sep 1827 [2/8299], Reels 6025, 692
  • Return of number of marriages solemnized in NSW - 1788–1835 [2/8302, pp.53-6], Reels 6025, 692

NRS-906 Returns of births, deaths and marriages at Norfolk Island and Moreton Bay, 1835-1837

[2/8345], Reel 2280; COD 119

NRS-906 Church of England: Returns of baptisms, marriages and burials, 1835-1838

[4/2269.1, 4/2305.1, 4/2345.4, 4/2389.4, 2/8345], Reels 734, 731, 2280; COD 119

NRS-12937 Registers of births, deaths and marriages, 1787–1856

[Reels 5001‑5048]

The registers record details of baptisms, burials and marriages. Although referred to as the 'Pre‑1856' or 'Old Records', some entries relating to baptisms, burials or marriages up to 1901 are also included.

See full description and listing of these records in the Guide to Births, Deaths & Marriages Registers, 1787-1856

​Indexes

See the family history indexes on the NSW Registry of Births Deaths and Marriages website. Microfiche copies of the Pioneer series of indexes to births, deaths and marriages, 1788–1888, Federation series of Indexes to births, deaths and marriages, 1889–1918 and NSW Between the wars series of indexes to deaths and marriages, 1919–1945 are available from the Registry of Births, Deaths and Marriages.

In looking for a particular entry relating to a pre-1856 baptism, burial or marriage which may be found in the registers on these microfilms, the index should first be consulted. This will give a reference to volume and entry number. The Summary Listing or the Detailed Listing in the guide above should then be consulted for further information.

Marriages

NRS-906 Applications to marry by special licence, 1819-1836

Only the comparatively wealthy married by special licence. An index has been prepared by staff and typescript copies are located at [2/8304A & B], Reel 2278 and entries to 1825 have been indexed in the Index to the Colonial Secretary's Papers, 1788–1825

  • 1819-1825 [2/8305], Reels 6028, 2279
  • 1823 [2/8305A], Reels 6028, 2279
  • 1826-1827 [2/8306], Reel 2279
  • 1828 - Church of England [2/8307], Reel 2279
  • 1829 - Church of England [2/8308], Reel 2279
  • 1830 - Church of England [2/8309], Reel 2279
  • 1831 - Church of England [2/8310], Reel 2279
  • 1832 - Church of England [2/8311], Reel 2279
  • 1833 - Church of England [2/8312], Reel 2280
  • 1834 - Church of England [2/8313], Reel 2280
  • 1835 - Church of England [2/8314], Reel 2280
  • 1836 - Church of England [2/8315], Reel 2280
  • 1828-1836 - Church of Scotland [2/8316], Reel 2280

NRS-897, NRS-905 Returns of persons applying for the publication of banns, 1824-1841

Reels 2192, 716-739

The returns show name, age, status (widower, widow, bachelor, or spinster), ship and year of arrival, sentence, free or bond, present service, character and result of application. An index has been compiled by Joan Reese and Norma M Tuck and is available in the Reading Room.

For a full listing see the Births, Deaths and Marriages Guide

NRS-1059 Abstract of all licences for marriages granted to free persons, 17 Mar 1813-26 Dec 1827

[4/1710 pp.151-222], Reel 2281; Fiche 836; COD 10

In the early colony, marriages were of two kinds, either by licence or by the publication of banns. As the fees were comparatively high, only the more affluent members of the community married by licence. The licence was granted by the Governor, as there was no Bishop of the Church of England in the Colony.

Information given includes: the number and date of the licence; parties' names; and where, when and by whom the marriage was solemnised. In many cases name of parent, name of previous spouse (for women only), occupation, and place of residence are also recorded.

An index (see embedded PDF above) has been prepared by staff and typescript copies are located at [2/8304A & B], Reel 2278. See also the Index to Abstract of all licences for marriage granted to free persons, Mar 1813–Dec 1827

NRS-937 Returns of persons whose marriages had been authorised by the Governor following the publication of banns, 1814-1827

The names of the parties do not appear in the indexes to the volumes.


NRS-1037 Butts of special marriage licences, 1828-1836

The butts record: licence number; date; the bridegroom's name, residence and designation (bachelor, widower); the bride's name, residence and designation; and the church, parish, county and Minister. An index has been prepared by staff and typescript copies are located at [2/8304A & B] and at Reel 2278.

  • Church of England - 24 Jan 1828–30 Jan 1832 [4/6030], Reel 2281
  • Church of England - 9 Jan 1832–18 May 1835 [4/6031], Reel 2386
  • Church of England - 6 Aug 1835–2 Jun 1836 [4/6032], Reel 2281
  • Church of Scotland - 22 Apr 1828–25 Oct 1831 [4/6033], Reel 2281
  • Church of Scotland - 21 Jul 1832–8 Jun 1835 [4/6034], Reel 2281

NRS-12212 Registers of convicts’ applications to marry, 20 Dec 1825–26 Feb 1851

In the early years of the Colony, most marriages followed the publication of banns in a church on three successive Sundays. Convicts were married by banns having first sought official permission.

These registers record the names of the parties applying for permission to marry, their ages, the date of permission or refusal, ship of arrival, sentence, whether free or bond, and the name of clergyman. Arrangement is either by date of permission or refusal, or alphabetical by the male applicant's surname.

The first permission to marry recorded in these registers was granted on 6 January 1826, and the first refusal on 9 June 1826.

These are two sections – those granted permission to marry and those refused permission – which provide varying degrees of information, eg. name, age, date of permission, ship, sentence, free or bond, clergyman.

Indexes

These registers are partially indexed. The indexes have been filmed with the registers and are located as follows:

  • Index to permissions granted, Jan 1826–May 1833, Fiche 780
  • Partial index to females, A–C, May 1833–Dec 1837, Fiche 782
  • Index to refusals, Jan 1831–Jul 1837, Fiche 791
  • Index to permissions granted, Aug 1837–Sep 1842, Fiche795
  • Index to refusals, Aug 1837–Sep 1842, Fiche 798
  • Index to permissions granted, Oct 1842–Feb 1851, Fiche 800
  • Index to refusals, Sep 1842–Dec 1850, Fiche 802

See the Index to Convicts Applications to Marry.

NRS-12939 Consents of the Governor and declarations for Presbyterian marriages, 6 Feb 1826–21 Jan 1860

Original letters from the Colonial Secretary and later the Principal Superintendent of Convicts, to Presbyterian ministers granting, or not, permission for the publication of the banns of marriage 1826–46. From 1850–60 the volumes consist mostly of declarations that parties are free to marry. There is an index in front of the volume.

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