SECTION 9 - PARDONS

Pattrick Mould's

SECTION 9 - PARDONS

THOMAS ROSE’S TICKET OF LEAVE. - Anne Sheppard 1999

About the Tickets of leave and Pardons raised by the Family History Society: According to the State Records "a Ticket of Leave allowed a convict to work for themselves on condition that they remained in a specified area, reported regularly to local authorities and if at all possible, attended divine worship every Sunday".

"Tickets of Leave were granted, on their arrival, to convicts who possessed property

or social standing, or had been transported for an action not involving criminal

turpitude. They made it possible for convicts to return to their position in society

which through their follies, their passions or their crimes, they had temporarily

forfeited. Tickets were also issued for industry and good conduct .... In general Tickets

acted as a powerful incentive to industry ...Through them some [convicts] climbed

toward respectability, if not affluence".( J.T. Bigge: The Colony of NSW, pp. 149-50.

In C.M.H. Clark. (1962). A history of Australia. Vol I p. 247)

"If the convicts were well behaved they were not usually required to serve their full

terms and, in due course, received a Ticket of Leave, Certificate of Freedom,

Conditional Pardon or Absolute Pardon. Those serving a seven year term, with good

conduct, could expect to receive some form of Ticket of Leave after 4-5 years, and

those serving 14 years after about 6-8 years. Lifers could get their Ticket after about

10-12 years. A convict who did not receive a pardon during the term of his/her

sentence was entitled to receive a Certification of Freedom on the completion of their

term (e.g. exactly 14 years after the date of trial)". ( Vine Hall, N. (1994) Tracing

your family history in Australia. The Author).

Tickets of Leave restricted the convict to a nominated Police District. i.e, where the

convict was employed.

A Conditional Pardon gave the convict citizenship rights within the Colony but no

right to return to England. An Absolute Pardon from the Governor restored all fights

including the fight to return to England. A convict on some sort of leave restriction

could lease land but not own land. Presumably this provided a hold over the convict

in case of further misdemeanors. Cancellation of the lease was easy whereas

cancellation of a purchase would be difficult.

This could explain Thomas Rose's displeasure with Governor Macquarie and why he

was involved in the partition to have Macquarie recalled. Macquarie canceled all

Pardons and Tickets of Leave issued by Paterson and other acting Governors until he,

Macquarie, reviewed them. Hence Rose, who was given an absolute pardon by

Paterson in 1809 had this nullified by Macquarie and was not finally granted an

official Absolute Pardon by him until 1814 therefore stalling Thomas Rose's ability to

purchase rather than lease property. Further, since 1809 he was entitled to considered

himself a free man, only to have his freedom withdrawn for another galling five years.

-Anne Sheppard 1999

CONDITIONAL PARDON

Thomas was granted a conditional pardon, on 4 June 1806, by Governor Philip Gidley King.

Thomas Rose No 36, Conditional Pardon granted on 4JUNE1806. (unfortunetly no other information is entered in the details)

TICKET OF LEAVE, FICHE 831, No 36, Pattrick Mould, April'99

ABSOLUTE PARDON, at SOA, NSW. Research incomplete!!

He was granted an absolute pardon by Lieutenant Colonel William Paterson on 1 December, 1809. However, Paterson was one of the caretaker 'Governors' after the Rum Rebellion and as he was not appointed by the British Government, all his pardons and land grants were nullified by the new Governor, Lachlan Macquarie, when he arrived. Thomas was finally granted his absolute pardon on 31 January, 1814.

AONSW Red 800 Colonial Secretary's Register of Absolute Pardons and

Registers of Recommendations for Absolute Pardons 1791-1843. p. 49

Time and date of Pardone. 31 January 1814

Name: Rose, Thomas

Ship and Year: Barwell 1798

Native Place: Birmingham

Trade or Calling: Baker & Carter(?)

Offence: blank

Place and date of Trial: Shropshire G.D. 19 March 1793

Sentence: Life

Height: 5'4"

Complexion: Fair Ruddy

Color of Hair: Fair

Eyes: Grey

I think the word after 'Baker' was & Carter.

Dianne Giles 1999