To understand the reasons for transportation to Australia, and for commutation of sentences to transportation isn't difficult. You only need to read some of the history and social history of the times - what was happening in England and why. Times, mores and values were different then and you need to come at this subject from a "then" mentality, not a "now" mentality. England had been happily dumping its felons off to America, but after the war when they were no longer able to do this, things got bad in England. The goals were overflowing, the Thames and other anchorages were full of hulks crammed with convicts, and conditions in both appalling. Poverty, and illnesses which swept through the population, meant many of the poor had no recourse other than crime to keep body and soul alive. And Mother England had nowhere to get rid of the huge numbers of convicts & had to find some solution to this crisis. The timing of Cook's discoveries must have seemed quite fortuitous and the Government hatched the plan to send their convicts to the great south land. There was somewhere far away from which these unwanted masses were unlikely to be able to escape, or return to worry the authorities in their mother land. They could be exiled there and either fend for themselves or die. I don't imagine the Govt placed any value on them or really cared what happened after they got rid of them. Nor do I think there was any great plan to start up a whole new country "downunder". Their motivation was to find a place to dump their unwanted felons - to get rid of the masses who had no value in their society. And many of the sentences commuted to transportation were done for the sake of expediency, not clemency. A life sentence in England meant the convict had to be housed - commution to transportation conveniently meant he did not. As the colony progressed, various Governors were also writing to England and asking for more prisoners fit for the hard physical work the making of the colony was demanding. I'm pretty sure too that "3 strikes" is a much more modern American invention. Have never read anything like this pertaining to convict sentencing, but would be happy to review my opinion if anyone can provide references for this in 16-17c England court system. Regards Pam

OK guys, I did a search on Google books and here's the official list of crimes and punishments taken from "A Treatise on the Police of the Metropolis By Patrick Colquhoun" Published in 1806. 1. CRIMES punishable by the Deprivation of Life; and where upon the Ccnviction of the Offenders, the sentence of Death must , be pronounced by the Judge. - Of these, it has been stated, the whole, on the authority of Sir William Blackstone, including all the various shades of the same offence, is about 160 in number. The principal are the following : *Treason, and Petty Treason; Seepage 38, &c. Under the former of these is included the Offence of Counterfeiting the Gold and Siver Coin, See page 191 - 211. *Murder *Arson, or wilfully and maliciously burning a House, Barns with Corn *Rape, or the forcible violation of chastity *Stealing an Heiress *Sodomy, a crime against nature, committed either with man or beast *Piracy, or robbing ships and vessels at sea ; under which is included, the offences of Sailors forcibly hindering their captains from fighting *Forgery of Deeds, Bonds, Bills, Notes, Public Securities, *Clerks of the Bank embezzling Notes, altering Dividend Warrants ; Paper Makers, unauthorised, using moulds for Notes, &c. *Destroying Ship's, or setting them on Fire *Bankrupts not surrendering, or concealing their Effects *Burglary, or House Breaking in the night time *Highway Robbery *House Breaking in the day time *Privately Stealing or Picking Pockets above one Shilling *Shop Lifting above Five Shillings *Stealing Bonds, Bills, or Bank Notes *Stealing Bank Notes, or Bills from Letters *Stealing above 40s in any House *Stealing above 40s on a River *Stealing Linen, &c. from Bleaching Grounds, &c. or destroying Linen therein *Maiming or Killing Cattle maliciously, *Stealing Horses, Cattle or Sheep *Shooting at a Revenue Officer : or at any other Person *Pulling down Houses, Churches, &c, *Breaking down the head of a Fish- Pond, whereby Fish may be lost, *Cutting down Trees in an Avenue, Garden, &c. *Cutting down River or Sea Banks *Cutting hop Binds *Setting fire to coal mines *Taking a Reward for helping another to Stolen Goods, in certain cases, *Returning from Transportation; or being at large in the Kingdom after Sentence *Stabbing a Person unarmed, or not having a weapon drawn, if he die in six months *Concealing the death of a Bastard Child *Maliciously maiming or disfiguring any person, &c. lying in wait for the purpose *Sending Threatening Letters *Riots by twelve or more, and not dispersing in an hour after proclamation *Being accessaries to Felonies deemed capital *Stealing Woollen Cloths from Tenter Grounds *Stealing from a Ship in Distress *Government Stores, embezzling, burning or destroying in *Dock-Yards; in certain cases, *Challenging Jurors above 20 in capital felonies ; or standing mute *Cottons, selling with forged Stamps *Deer-Stealing, second offence ; or even first offence, under Black Act, not usually enforced *Uttering counterfeit Money, third offence *Prisoners under Insolvent Acts guilty of perjury *Destroying Silk or Velvet in the loom ; or the Tools for *manufacturing thereof; or destroying Woollen Goods, Racks or Tools, or entering a House for that purpose *Servants purloining their Masier's Goods, value 40s. *Personating Bail ; or acknowledging fines or judgments in another's name *Escape by breaking Prison in certain cases *Attempting to kill Privy Counsellors, &c. *Sacrilege *Smuggling by persons armed ; or assembling armed for that purpose *Robbery of the Mail *Destroying Turnpikes or Bridges, Gates, Weighing Engines, Locks, Sluices, Engines for Draining Marshes, &c. *Mutiny, Desertion, &c. by the Martial and Statute Law *Soldiers or Sailors enlisting into Foreign Seivice. CRIMES denominated Single Felonies ; punishable by Transportation. Whipping, Imprisonment, the Pillery, and Hard Labour in Houses of Correction, according the nature of the Offence. The pincipal of which are the following: *Grand Larceny, which comprehends every spesies of Theft above the value of one shilling, not otherwise distinguished *Recieving or buying Stolen Goods, Jewells, Plate *Ripping and stealing Lead, Iron, Copper, &c or buying or recieving *Stealing (or receiving when stolen] Ore from Black Lead Mines *Stealing from Furnished Lodgings *Setting fire to Underwood *Stealing Letters, or destroying a Letter or Packet, advancing the Postage, and Secreting the Money *Embezzling Naval Stores, in certain cases, *Petty Larcenies, or Thefts under one Shilling *Assaulting with an intent to Rob *Aliens returning after being ordered out of the kingdom *Stealing Fish from a Pond or River - Fishing in inclosed Ponds, and buying stolen Fish *Stealing Roots, Trees, or Plants, of the value of 5s. or destroying them *Stealing Children with their apparel *Bigamy, or Marrying more Wives or Husbands than one (now punishable with transportation) *Assaulting and Cutting, or Burning Clothes *Counterfeiting the Copper Coin, £c. *Marriage, solemnizing clandestinely *Manslaughter, or killing another without Malice, &c. *Cutting or Stealing Timber Trees, &c. *Stealing a Shroud out of a Grave *Watermen carrying too many passengers in the Thames, if any drowned 3. OFFENCES denominated Misdemeanors, punishable by Fine' Imprisonment, Whipping, and the Pillory. The principal of which are the following : *Perjury, or taking a false Oath in a judicial proceeding, &c. *Frauds, by Cheating, Swindling contrary to the rules of common honesty, &c. &c. *Conspiracies, for the purpose of injuring or defrauding others *Assaults by striking or beating another person, &c. *Stealing Dead Bodies *Stealing Cabbages, Turnips, &c. growing *Cutting and Stealing Wood and Trees *Robbing Orchards and Gardens *Stealing Deer from Forests *Stealing Dogs *Setting Fire to a House to defraud the Insurance Office *Making and selling Fire-Works and Squibs *Throwing the same when on fire about the streets *Uttering Base Money *Selling Base Money under its denominated value *Embezzlement in the Woollen, Silk, and other Manufactures *Offences by Artificers and Servants in various Trades *Combinations and Conspiracies for raising the price of Wages, &c. *Smuggling Run Goods, and other Frauds relative to the Excise and Customs *Keeping Bawdy Houses and other Disorderly Houses 4. IDLE and Disorderly Persons, described by the Act of the l7th Geo. 11, cap.5 and subsequent Acts: punishable with one Month's Imprisonment - namely, 1. Persons threatening to run away and leave their wives on Children on the Parish 2. Persons who tipple in Ale Houses, and neglect their Families, 3. Persons who shall unlawfully return to the Parish or place . from which they have been legally removed, without bringing a Certificate. 4. Persons, who sot having wherewithal to maintain themselves, live idly without employment, and refuse to work fur the usual Wages. 5. Persons begging in the streets, highways, &c. 5. ROGUES and VAGABONDS described by the said Act of the 17th Geo. II. cap. 5. and subsequent Acts ; punishable by Six Mouths' Imprisonment - namely, 1. Persons going about as Patent Gatherers, or Gatherers of Alms, under pretence of Loss by Fire or other casualty 2. Fencers, Bearwards, Strolling Players of Interludes, or other Entertainments 5. Minstrels, (except those licensed by the Lord Button in Cheshire) 4. Persons pretending to be, and wandering in the habit of Gypsies 5. Fortunc-Tellers, pretending skill in Physiognomy, Palmistry, or using any subtle craft to deceive and impose on others 6. Persons playing or betting at any unlawful Games or Plays 7. Persons who run away, and leave their Wives and Children upon the Parish 8. Petty Chapmen and Pedlars wandering abroad without a Licence 9. Persons wandering abroad, and lodging in Ale-Houses, Out. Houses, or the open Air, and not giving a good account of themselves 10. Persons wandering abroad, and pretending to be Soldiers or Sailors, without proper certificates from their Officers, or Testimonials from Magistrates. 11. Persons wandering abroad, pretending to go to work in Harvest, without a proper Certificate from the Parish. 12. Persons having Impelments of House-breaking or Offensive Weapons, with a Felonious intent. 13. Persons concerned in illegal Lottery Transactions, as described in the Lottery Acts 6. INCORRIGIBLE ROGUES, punishable with Two Years'Imprisonment and Whipping, or Transportation for Seven Years,- if they break out of Prison - namely, 1. Persons stiled End-Gatherers, buying, collecting, or receiving Ends of Yarn in the Woollen Branch, against the Stat. 18 Geo I. cap. 23. 2. Persons, who being Rogues and Vagabonds, have escaped after being apprehended, or who shall refuse to be examined by a Magistrate, or who shall give a false account of themselves after being warned of their punishment. 3. Persons who shall escape out of any House of Correction before the period of their imprisonment expires. 4. Persons, who being once punished as Rogues and Vagabonds, shall again commit the same offence. "The crimes mentioned in the first and second classes of the foregoing Enumeration (except petty Larceny) are always tried by the Superior Courts" "The offences specified in the third class, as also Petty Larceny, and every species of misdemeanor and vagrancy, are generally tried, (with some few exceptions) by the Justices in their General and Quarter Sessions, where, in certain cases in Middlesex, they act under a commission of Oyer and Terminer. The Magistrates in Petty Sessions, and in several instances a single Magistrate, have also the power of convicting in a summary way, for a variety of small misdemeanors, and acts of vagrancy; and of punishing the delinquents with fine and imprisonment."