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(1737-to America)
Father of John Dunnick (1747-1819)
Court proceedings


  Transported to America 1737

Old Bailey Proceedings Online
<<www.oldbaileyonline.org>>, February 22, 2005) May 1737 trial of John DUNNICK Ref: t17370526-38. Original page 136 & 140, image #16 & #20.
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Thank you to Phyllis Wedgeworth for sharing the "Old Bailey" website with us. (Phyllis' ancestor wed Rebecca Passmore - )

Court Proceedings, May 1737
Quoted from the transcribed proceedings

"45. John Dunnick , was indicted for stealing 1756 Ounces of foreign Silver, called Pieces of Eight, value 470 l. the Goods of the Governor and Company of Merchants trading to the South-Sea, March the 18th And

46,47. Thomas and Elizabeth Smith , were indicted for receiving eleven Pieces of the same, knowing them to be stole. Dunnick pleaded guilty.

Mr. Uthar. I spent two or three Weeks enquiring after the Prisoner Dunnick, and in the Course of my Enquiry, I found that Smith and his Wife had pawned some of the Pieces so they were committed on Suspicion. The Woman is Dunnick's own Sister; he liv'd with them at that Time, and she conceal'd him. Some of the Silver they had pawn'd to Mrs. Gordon, and some to Mr. Wild, who are both in Court. These are the Piece.s

Mr. Wild. I live in White-Cross Street: Elizabeth Smith brought two of the Pieces to me, and borrow'd six Shillings upon them the 29th of March. Afterwards on the 31st, she and Catharine Dunnick brought five more, and had 16 s. upon them.

Mr. Gordon. About ten Weeks ago I lent 13 Shillings and odd Money to Thomas Smith , upon Four Pieces, but he had them again the next Day.

Mr. Wild. These are the very Pieces brought the 29th and 31st of March by the Woman Prisoner; here are the Tickets I pinn'd upon them when I lent the Money.

Mr. Utbar. Smith and his Wife both deny'd that they ever had any Pieces of Eight; and his Wife knew that I was in Pursuit of Dunnick, yet she told me that she harbour'd him and concealed him. Her Husband sent me a Message, that he desired me to give him a Meeting on the 31st of March, and I reproached him with concealing his Brother; this was the very Day upon which he pawn'd some of the Pieces to Mrs. Gordon Mrs. Smith owned she had the Pieces from her Sister Dunnick.

Thomas Smith I never had any of the Pieces from Dunnick. I deal in Needles, and I took these Pieces in Truck of a Sailor at Wapping for my Goods.

Mrs. Gordon. When he pledg'd them with me, he said he had them of a Sailor at Wapping, and truck'd Needles for them.

Mr. Utbar. She deny'd her having pawn'd any at all; and afterwards she said, she had them of Dunnick.

Mr. Wild. She did deny she, ever pawn'd any. Her Sister was with her when she pawn'd them, and she said her Husband desired her to pawn them.

Several Witnesses appear'd who never knew any Hurt of Smith and his Wife Both acquitted."

~ ~ ~ ~ ~ ~


"The Trials being ended, the Court proceeded to give Judgment as follows.

Receiv'd Sentence of Death, 4.
John Smith, otherwise Sims, Richard Sampson, John Simmonds, Charles Rogers.

Burnt in the Hand, 2.
William West, and Robert Wilson .

Whipp'd, 1.
Hannah Rayner .

To be Transported, 24.
Robert Wood, John Barret, Peter Thompson, Nicholas Baker, William Darlington, Robert James, John Walker, William Inglebird, James Wilson, John Stubbs, John Dunnick, William Bore, Daniel Dace, Rebecca Parsemore, John Crokat, James Butler, Martha Arrowsmith, James Savell, John Pyke, Ann Anderson, William Walters, Elizabeth Boyle, Thomas Stamford, and Ann Wilson."

  "Justice Hall, or the Sessions House, was also called the Old Bailey after the street in which it was located, just off Newgate Street and next to Newgate Prison, in the western part of the City of London." After 1734 "Old Bailey" was named "Central Criminal Court" and court was held twelve times a year.

"In 1737 a passageway was constructed linking the courthouse with Newgate Prison, to facilitate the transport of prisoners between the two."
Source: Tim Hitchcock and Robert Shoemaker, 'Gender in the Proceedings', Old Bailey Proceedings Online (www.oldbaileyonline.org, February 22, 2005).
  ".. Newgate was the place from which thousands started the long journey which ended in the colonies. For over 200 years transportation for periods varying from 7 years to life was a much used (and abused) form of punishment. " <<http://www.rjerrard.co.uk/law/city/ccc2.htm>>, Feb. 22, 2005  
  England of the 1700's was a very harsh place to live. It had a population of approximately 9 million people of which about one million were unemployed. Of those who had jobs many were not working regularly or were poorly paid.

Poverty was rampant and crime was increasing in a country that had a judicial system but no organized Police Force. Old military men served as police officers. In an effort to deal with the increasing crime rate, the government introduced harsher punishments. In 1700 people could be hung for stealing even very small items.

Hitchcock and Shoemaker (www.oldbaileyonline.org, February 22, 2005) report that for those employed, the "cost of living was essentially in line with wages, although some items were much more expensive than their modern equivalents."

Public hangings became a popular entertainment. A carnival atmosphere with food and drink vendors helped make the hangings a family entertainment. This was not the governments goal. Fortunately by the time John Dunnick and Mary Parsmore (Passmore) were tried, the value of the stolen items required for hanging had been increased and between 1718 and 1775 "transportation" to North America was the preferred penalty. This practice ended with the American Revolutionary War. After that the convicts were sent to Australia. and rather than use convict labor or indentured servants, colonial America turned to slavery.

  "Although convicts were transported in the seventeenth century, it had to be done either at their own expense or that of the merchants or shipowners." "In 1718 England passed the first Transportation Act ..... In 1720 a further statute authorized payments by the state to merchants who contracted to take convicts to America." To return before the end of ones sentence was punishable by death. Source: Tim Hitchcock and Robert Shoemaker, 'Gender in the Proceedings', Old Bailey Proceedings Online (www.oldbaileyonline.org, February 22, 2005).

No doubt the Captains who transported these convicts indentured them. (a sample contract is below)
  John Dunnick was transported on the Pretty Patsy from Newgate Prison to Baltimore, MD

(From Newgate Prison, London England, to Port of Maryland 2 Sept. 1737) Arrived in Maryland from Newgate Prison, City of London, County of Middlesex aboard the Pretty Patsie. "Francis Lux Commander for Maryland." Shipped by Mr. Jonathan Forward of London, Merchant, 2 Sept. 1737 for MD. - List of Prisoners -- John Dunnick etc.

Source: Immigrant Ships, Transcribers Guild, "Pretty Patsie." Transcribed by John Bowman whose ancestor was also aboard the ship

On this same ship was a Rebecca Peircemore/ Parsemore/ Pasmore/Passmore. Wonder if John's future wife, Mary Passmore is related to Rebecca.
  Mary Parsmore / Passmore was tried in April 1733 for housebreaking and stealing 3 gowns, a pair of Stays, and other things...at Eight in the morning (daytime was a lesser offense). She was found guilty, and was transported April 17, 1733 aboard the "Patapscoe Merchant" to Maryland.

Source: Old Bailey Proceedings Online <<www.oldbaileyonline.org>>, February 22, 2005)

It is interesting to note the captain of the vessel that transported John Dunnick was Francis LUX and the Patapscoe was piloted by Derby LUX. Below is a sample of a contract signed by Lux and Forward to transport convicts.

Also of interest is another passenger on the "Patapsoce Merchant" -- Thomas Wadsworth. Thomas Wadsworth wed Rebecca Parsmore/Passmore.
  John "Dunnikc" wed Mary Passmore December 5, 1742 (John 5 years after arrival) - Mary 9 yr.
Rebecca Passmore wed Thomas Wadsworth January 1741 (Rebecca 4 yrs after arrival) Thomas 8 yr.
Source: "St. John's and St. George's Parish register, Baltimore and Harford Counties Maryland 1696-1851 by Henry C. Peden, Jr.

The following (I found on Rootsweb - unknown submitter's email address no longer valid) is a sample of the agreement to Transport prisoners from Newgate prison to Maryland, signed by Darby LUX the same captain that transported Mary Parsmore/Passmore. In summary, the document was signed by Jon Forward, George Crosby and Darby Lux. Jonathan Forward was paid 5 pounds per head even if the convict died enroute. Captain Darby Lux was required to obtain an authentic Certificate from the Manager of Maryland's Customs house confirming the convicts arrival in Maryland. It appears that several people were allowed one month to pay what appears to be a fine of 40 pounds each and not be transported. This was about the annual income for families surviving just above the poverty level. (a domestic earned two-three pounds annually, while a coachman earned between 12 and 26 pounds. I assume that they were indentured for the term of their exile from England. Exiles generally were 7 years to life. During the 1600 and 1700's, 75% of the immigrants to America were indentured as some point in their lives.


Some of the wording in the following documents are hard to follow. I have
left them as they were, but inserted a few words in [ ] . The submitter
of these documents received them from Sandra Cole in Huntsville, Alabama,
who is a descendant of Margaret Lawrence.

Greater London Record Office, London, England, WHEREAS at the General
sessions of Gaol delivery of Newgate held for the County of Middlesex at
Justice Hall in the Old Bailey in the Suburbs of the city of London on
Wednesday of the twenty-fifth day of February last past Matthew Lambourne was
then and before convicted of a felony as being an accessory and within the
Benefit of the Clergy and also Eleanor Oldfield, James Ferris, Mary Harwood
alias Badger Radford, John Pantree, Margaret Lawrence, John Showswood,
Jervis Rhodes, Thomas Rogers, Richard Rogers, stood convicted and
attainted [loss of property, disgraced]
of several thefts and larcenies for which they are excluded the benefit of
their Clergy and to whom his Majesty has been pleased to extend his Royal
Mercy on condition of Transportation to some parts of America of which
intimation has been signified by his Grace the Duke of Newcastle, one of his
Majesty's principal Secretaries of State and whereas his Majesty's Justices
of Gaol delivery of Newgate aforesaid have ordered and directed that the said
Matthew Lambourne, Eleanor Oldfield, James Ferris, Mary Harwood alias Badge
als Radford, John Pantree, Margaret Lawrence, John Showswood, Jervis Rhodes,
Thomas Rogers, Richard Rogers, be transported to some of his Majesty's
Colonies and Plantations in America and be transferred and conveyed to such
person of persons who shall on or before the twentieth day of March Instant
Contract and agree with the said PETER Walter Esquire to send them as soon as
conveniently may be to some of his Majesty's Colonies and Plantations in
America for the space of fourteen years and the above bounden Jonathan
forward doth accordingly hereby contract with the said Peter Walter for the
performance of such transportation.

Now the condition of their obligation is such that if the above bounden
Jonathan Forward or his assigns do and shall within one month from eh(?)
today of the date hereof transport for cause to be transported effectually
them the said Matthew Lambourne, Eleanor Oldfield, James Ferris, Mary Harwood
alias Badge Radford, Johan Pantree, Margaret Lawrence, John Showswood,
Jervis Rhodes, Thomas Rogers, Richard Rogers, to Maryland or Virginia being
two of his Majesty's Colonies and plantation in America so soon as
conveniently may be and do and shall procure and authentic Certificate from
the Governor of Chief Customs house officer of Maryland or Virginia
aforesaid of their landing at Maryland or Virginia aforesaid (death and
casualties by sea excepted) and shall not by their or any of their willful
default suffer [allow] them or any of them to return from Maryland or Virginia
aforesaid to any of Great Britain or Ireland during the said term of
fourteen years and if the said Jonathan Forward, his executors, or
administrators shall pay or cause to be paid unto the said Peter Walter or
his Successors the sum of forty pounds for everyone of them the said Matthew
, Eleanor Oldfield, James Ferris, Mary Harwood alias Badger
Radford, John Pantree, Margaret Lawrence, John Showswood, Jervis Rhodes,
Thomas Rogers, Richard Rogers, whom he the said Jonathan Forward or his
assigned shall not transport to Maryland or Virginia aforesaid within the
said space of one month or shall willfully suffer to return to any part of
Great Britain or Ireland during the aid term of fourteen years then this
obligation to be void or else to be and remain in full force.

Sealed and delivered in the presence of Will Salt, Thos. Manister
Jon Forward
George Crosby
Darby Lux

[Note: the court records for 1730-1732 are apparently incomplete. A
professional researcher, hired by a group of Lawrence descendants, was unable
to find specifics of the crime for which Margaret Lawrence was convicted.].

Margaret Lawrence was transported to the colonies on 17 Mar 1729/30 from in

Jonathan Forward was paid 530 Pounds for Transporting the Felons.

After & ... by virtue of his ... dormant bearing date the 22nd day of June
1727 these are to pray and require your Lordship to draw an order for paying
unto Jonathan Forward of London, Merchant or to his assignees, the sum of 530
pounds without account the same being for the allowance of five pounds per
head for the whole charge of transporting 106 persons sentenced for
transportation which were taken out of the Gaol of Newgate in the city of
London and shipped the 17th day of March last on board the Patapscoe
Merchant, Darby Lux, Commander, for Maryland as appears by the annexed
certificates where in the names of the said malefactors
[criminals] are set down. Which
said allowance is according to the goal within the contract made between us
(on his Majesty's behalf) and the said Jonathan Forward for such
transportations and by the said certificates it also appears that the said
Jonathan Forward hath given security for the effectual transportation of the
said malefactors [criminals] pursuant to the agreement contained in the above mentioned
contract and let the said order be satisfied out of any money in the receipt
of the exchange
applicable to the(?) of his Majesty's civil government for
which this shall be your Lordship warrant Whitehall Treasury ... the eighth
day of April 1730.

R, Walpole Charles Turner William Clayton

To Auditor Receipt:
A true list of all the prisoners taken from Newgate for the City of London
and the County of Middlesex, shipped aboard the Patapscoe Merchant, Darby
Lux, Commander, for Maryland which were shipped by Mr. Jonathan Forward of
London, Merchant, March 17, 1729/30.

(list of names omitted here

Henry Mitchell Arnold, Margaret Alexander alias Brown, James Arnold, Thomas
Addes, Henry Alien, Richard Birch, Martha Boulton, Bridget Bevers alias
Hopkins, James Boscowe, Henry Budd, Waiter Bayley, Daniel Beard, James Bull
(or Bulb), Thomas Bibby, Sarah Beaver, John Burgis, William Bennet, Benjamin
Bingham, Hannah Burridgo, Samuel Burrard alias Johnson, Ann Bellas, Joseph
Brown, Mary Cox, William Carlisle, Mary Colethurst, Paul Crowney, Robert
Carr, Ann Downey, Mary Emerson, James Earle, Lien Elias, Susan Frazier,
James Ferris, Francis Fountain, Thomas Fox, Obediah Fanciah, John Francy, Ann
Fairly, Charles Freeman, Francis Griffen, Hannah Hartley alias Hatley, Mary
Barwood alias Badger alias Radford, William Hughes, Ruth Herringshaw, Peter
Hudson, John Wiser, Ann Hughes, Robert Wart, William Jones, Mary Jones,
Christopher Ingleton, Jasper Jorbin, Margaret Lawrence, Mary Liddell, Richard
Lacey, Elizabeth Mills, Mary Martin, Ann Milton, James Manley, John Mack
Daniel, Rebecca Manning, Thomas Noseley, Elenor Oldfield, Thomas Oakley, John
Oliver, Charles Proser, John Pankrea, Richard Peacock, Philip Pugg, James
Pomfroy, Rester Powell, Jervis Rhodes, Thomas Rogers, Richard Rogers, Leonard
Robinson, John Rich, Richard Roper, John Ramsey, Jeremiah Ryan, Richard
Stevens, Andrew Scott, George Smith,Elizabeth Smith, John Simmons, Francis
Speed, William Spencer, Sam Shephard, Francis Spicer, Mary Siggins alias
Parkins, John Smith, Hugh Thomas, Joseph Taverner, Martin P. Tanner,
Katherine Wharton, Charles Whitehead, William Ware, Francis Wright, Philip
Waiters, Nicholas Wilkins, Mary Williams alias Foster, Christian Williams,
Henry Witham, Joseph Wright, Francis Martin, Thomas Coverley, Richard Smith.

I humbly certify to whom it may concern that the prisoners above named being
in number 106 are received by me on board :the Patapscoe Merchant from the
Keeper of Newgate by the order of Mr. Jonathan Forward of London, Merchant,
to be effectually transported to Maryland this 17 March 1729/30. Darby Lux
Witnesses: Ja Tipper
John Nicholls

I do hereby humbly certify that Jonathan Forward of London, Merchant, hath
given security for the effectual transportation of 50 convicts within named
that were convicted for divers [various] felonies in the City of London and that the
said bonds are remaining in the hands of the Town Clerk of the 'said city,
witness my hand this 24th day of March A.D. 1729.
Math Tanner Deputat Thoma Jackson Arm Clico pacis Civitat London

I do hereby humbly certify that Mr. Jonathan Forward, of London, Merchant,
hath given security of the effectual transportation of the last 56 convicts
within named that were convicted for divers felonies in the County of
Middlesex and that the said bonds are now remaining in my hand. Dated this
25th day of
March 1730.
John Mathews, Clerk, Gail Delib & County Middlesex

"Thus Margaret Lawrence became one of the nearly 20,000 convicts that were
shipped from Newgate Prison to America. There is nothing in the passenger
records to indicate that she was accompanied by either a husband or children
although several of the people convicted with her were on board. Such trips
took between five and nine weeks to complete depending on the weather and
illnesses aboard ship. Twelve people died on this particular trip which
apparently was typical. One study states that 14% of all prisoners died in

Jonathan Forward was paid his five pounds per head even for the prisoners who
died enroute, thus there was little incentive to see that they arrived

Note: Forward charged more for prisoners who were old or over weight.]."