Piracy Act 1717 facts for kids
| Act of Parliament | |
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| Long title | 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. |
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| Citation | 4 Geo. 1. c. 11 |
| Dates | |
| Royal assent | 21 March 1718 |
| Other legislation | |
| Repealed by | Criminal Statutes Repeal Act 1827 |
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Status: Repealed
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The Piracy Act 1717, also known as the Transportation Act 1717, was an important law passed by the Parliament of Great Britain. It created a new system to send people convicted of crimes to the British colonies in North America. This was a form of punishment called penal transportation.
Instead of going to prison or facing the death penalty, many people were sent to work in the colonies. They would work for a set number of years, usually seven or fourteen. This was called indentured servitude, meaning they worked to pay off their "debt" for being transported. If they returned to Britain before their time was up, they could face the death penalty. It's believed that between 30,000 and 50,000 people were sent to America under this system.
The Act also allowed merchants to arrange this transportation. They would promise to take the convicts and make sure they served their time. The merchants gained a legal right to the convict's service. Interestingly, the Act also allowed young people aged 15-20 to volunteer for this service. They could agree to be transported and work for up to eight years. This was seen as a way to help "idle youth" find work and avoid crime. The law also made punishments stricter for people who bought or sold stolen goods.
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Why the Act Was Created
Before this Act, sending criminals to colonies was not very organized. It often depended on the king's mercy. This old system was not fair and sometimes led to problems.
The new law was introduced in 1717 by William Thomson, a government lawyer. He was key in creating this new transportation policy. The Act made transportation a direct sentence from the courts. This made the process of punishing criminals much simpler and faster.
There were several reasons why this law was passed:
- Crime Concerns: After a big war ended in 1714, many soldiers returned home. This led to fears of rising crime and disorder.
- Ineffective Punishments: The old punishments were not working well enough. Many criminals would commit crimes again.
- Need for Workers: The British colonies in America needed more workers. The Act stated that convicts could help "improve" and make the colonies "more useful" to Britain.
- Crowd Behavior: Public punishments often caused large, unruly crowds. Transportation helped avoid this.
So, transportation became a common punishment for many crimes, both serious and less serious.
Piracy and the Act
While the main part of the Act was about transporting criminals, it also had a section about piracy. Section 7 of the Piracy Act 1717 focused on stopping pirates.
Originally, this section kept the death penalty for most types of piracy. However, later laws changed this. The Piracy Act 1837 removed the death penalty for most piracy, keeping it only for piracy with the intent to kill. Over time, other parts of Section 7 were also removed by later laws.
How the System Developed
After the Piracy Act 1717, other laws were passed to improve the transportation system. For example, the Robbery, etc. Act 1719 allowed the government to pay merchants to transport convicts. This made it easier for merchants to take on the job. It also added more types of crimes that could lead to transportation.
The Return of Offenders from Transportation Act 1742 made it clear that returning early meant facing the death penalty. Other acts, like the Traitors Transported Act 1746, dealt with specific groups, such as those involved in a rebellion. The Transportation Act 1768 aimed to make the whole process faster and more effective.
The transportation system was generally seen as a success. It was a popular way to punish criminals and deal with poor or young people in British cities. One reason for its success was that the government started paying merchants for the voyages. A London merchant named Jonathan Forward was given the job in 1718. He was paid for each prisoner he transported. This system helped the government save money on keeping convicts in Britain. Merchants also made money by selling the convicts' labor in the colonies, where workers were in high demand.
End of Transportation to America
The system of sending convicts to the American colonies continued until 1776. At this time, the American Revolution began. It became impossible and illegal to send convicts to America. The last ship carrying convicts arrived in Virginia in April 1776.
Because transportation to America stopped, Britain faced a problem. They still needed a way to punish criminals. This led to a new focus on building prisons and using hard labour as punishment. The Criminal Law Act 1776, also known as the "Hard Labour Act," changed punishments to hard labor. This caused prisons to become very crowded.
This problem continued for several years. Finally, in 1785, the government decided to create a new penal colony in New South Wales. This led to the start of convict transportation to Australia in 1787 with the First Fleet. Transportation to Australia continued until 1868, though it became less common after the 1850s.
See also
- Convicts in Australia
- Indentured servitude in the Americas
- Penitentiary Act
- The Fortunes and Misfortunes of the Famous Moll Flanders
- Redemptioner
- Piracy in Scotland
