Transportation Act 1717

The Transportation Act 1717 was an Act of the Parliament of Great Britain that established a regulated, bonded system to transport criminals to colonies in North America for indentured service, as a punishment for those convicted or attained in Great Britain, excluding Scotland. The act, (4 Geo. 1 c. 11) is long titled 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. The act established a seven-year transportation sentence as a punishment for people convicted of lesser felonies (those under the benefit of clergy), and a fourteen-year sentence for more serious crimes, in lieu of capital punishment. Completion of the sentence had the effect of a pardon; the punishment for returning before completion was death. An estimated 50,000 convicts (women, men and children) were transported to the British American colonies.

The act established that merchants and others could contract transport convicts, after giving a surety bond that the transport would be made and the term of service would be completed. To accomplish this, the act declared that the contractor had a property and interest in the convict's transport and service. Significantly under section five, and after noting the many idle youth "lurking" about London and elsewhere, wanting employment, and otherwise tempted toward crime "if not provided for," the Transportation Act included that merchants and others could also contract with 15-20 year-olds, who were willing to be transported and serve up to eight years indentured service. Other sections of the act imposed stricter measures against fencing stolen goods, making them fourteen-year sentences instead of mere accessories to theft; imposed a seven-year transportation sentence for those imprisoned for, or breaking, the long-time prohibition on exporting wool in violation of the acts of trade. Unrelated to transportation, section seven concerns the suppression of piracy. The death penalty for most kinds of piracy was abolished by the Piracy Act 1837, which preserved the death penalty for piracy with intent to kill. The death penalty for piracy was abolished altogether in 1998. The 1717 Act was repealed in 1993.