John Herbert – First Fleeter

Compiled by Robert Herbert from material previously published in the Herbert Family Association Newsletter Fragments and on the HFA website.

John Herbert, a First Fleet convict, who arrived on the transport Charlotte, now has more than 4600 confirmed descendants of what must be many more thousands not yet identified spanning at least nine generations (counting the children of John and his wife Deborah Ellam, who arrived on the Prince of Wales, as generation one) in Australia and beyond. We don’t really know who he was or where in the United Kingdom he came from. We do know he came to Australia under a cloud at the age of 27 or 28 years of age, as low in circumstance at that time as a human being can find themselves. We do know that for the rest of his life, the next 45 or so years, he worked hard to provide for himself and his growing family. He worked his farm on the Prospect grant until he was into middle age. Within his capacity to do so, he contributed to the colony and his community with produce and funds, he helped his sons onto small land holdings and later in his life he built a business in Parramatta which he left to his second wife and seventh son, his only child by her. When he died, in 1832, he was 72 years of age and left behind a wife Deborah Ellam (Prince of Wales), who pre-deceased him, seven sons, a daughter and a second wife.

There is no physical description of him in the convict records, so, we can only guess at what he looked like, the colour of his hair and eyes, whether he was tall or short, fat or thin, fair or ruddy of complexion. His appearance would have changed over time, but just like us, he would carry certain characteristics he inherited from his ancestors. What did he sound like when he spoke, did he have a booming voice, or did he speak quietly? John’s accent and his manner of speaking would sound strange to his 21st century descendants; he would speak an older version of English and with an accent learnt in his native location in Britain.

What was he like to live with, was he calm and easy going or was he edgy and demanding? How did he treat his family, was he a harsh disciplinarian or was he loving and sympathetic? What sort of relationship did he have with his neighbours, was he stand-offish or willing to get in and help when and where needed? His attitude to family, other “classes” of people in the society around him and his country he would have initially learnt from his parents and other family members. Later, as he grew up and became more independent, and went to work as an unskilled youth and eventually to sea in a King’s ship, as it appears he did, he would be influenced by the attitude of men “between decks”, since with no formal education and little or no skill as a seaman he was destined to hold a low position in the ship’s hierarchy.

We get a glimpse of what John was like in December 1788. To encourage them to grow food, Governor Phillip allocated small pieces of land to each convict to grow vegetables for their own use, and John was cultivating a plot at his and Deborah’s hut in one of the convict camps. Considering the shortage of fresh food, it is not surprising his reaction on arriving home from work to find Deborah is away from their hut talking to a neighbour, and pigs have destroyed their vegetable patch, was one of anger. The altercation between them that followed lead to the first ever “family court case” in Australia. Of course, at that time, there was no family court in Australia, the case was heard by the Judge Advocate, David Collins. Deborah brought the case against John, her husband of eight months, accusing him of “beating her without just cause.” After the argument in which they both struck blows, Deborah left and was gone all night. Next morning, John went looking for her and found her “in a hut in the other camp;” he then “drove her home.” One is left with an image of this young woman, of 23 years, being herded like cattle back to their hut by a still angry husband. When they arrived back at their hut, they “agreed to separate” and Deborah must have decided to take her grievance to the authorities immediately, getting a hearing the same day. The outcome of the hearing would have come as quite a shock to her because she clearly believed she was in the right, but in the end, it was her that David Collins judged should be punished – he sentenced her to “receive 25 lashes and to return to her husband.” No record has come to light to confirm she received the 25 lashes, but return she did, and she and John must have buried the hatchet because they stayed together until her death in 1819 and raised seven children. From this episode we get the impression that Deborah was feisty and stood up for herself and that John was not prepared to put up with anything which threatened their livelihood, even if it meant a fight with his wife.

We know that John was prepared to stand up for his rights and that he believed he would be able to live a more prosperous life in the New South Wales colony than he would if he returned to England when in 1791 he declared his intention to settle in the colony and his application for a grant of land was successful, but he must have realised he was short changed and requested the error be corrected. The original grant was for sixty acres; the number of acres granted to convicts intending to settle was determined by the size of the family; 30 acres per grantee, if the grantee was married an additional 30 acres was allocated plus 10 acres per child. Their first child, Benjamin was born in July 1789 so John was entitled to seventy acres not sixty. He challenged the number of acres contained in the original grant, grant number 46, and on 22 February 1792 this grant was cancelled. In May 1792 on the 18th a new grant of 70 acres, grant number 72, called Herbert Farm, named Pender in John’s 1829 will, was issued to him in the same location at the foot of Prospect Hill, south-west of Parramatta. He had not yet served his full sentence but was permitted to work his grant in his “spare time”. Since convicts were required to work six days per week from dawn until dark, with a break in the middle of the day, in practical terms, John would have only been able to work his grant on Sundays. The camp John and Deborah lived in was most likely at Sydney Cove, but even if it was at Parramatta, it would be a fair walk to his grant at Prospect Hill without any other means of transport, 4 miles (8km) as the crow flies, so it is unlikely John was able to achieve much at Prospect before he was free to work the grant full time. John would be free in 1795 having served the full term of his seven year transportation sentence.

What kind of a man was he before 1784 and why did he participate in the robbery on “The Kings Highway” that eventually brought him to Port Jackson?

We first find the man we know for certain is “our” John Herbert in the page of a minute book for the Court of Exchequer for the Devon Lent Circuit dated 1785(1). This page lists the crime and punishment for 13 individuals, 12 men and one woman. All of the accused pleaded not guilty and to be tried before a jury; this is indicated by the Latin abbreviation above their name ‘po. Se’ (point se super patrium – puts himself on the country, that is, opts for a jury trial and pleads not guilty) (2); this abbreviation is then followed by the verdict “guilty” or “not guilty”.

The woman listed was Elizabeth Small who was convicted of “burglariously” breaking and entering a house about 12 at night and stealing “…one shift value 3s and other Goods val. 22s & 2d…;” she was sentenced to two years hard labour “& until she pays said fine”. We don’t know what the fine was and one wonders how she can pay the fine while she is in prison unless she is paid for work she does. Among the men, three were found not guilty, the remainder were found guilty and sentenced to hang, of these nine, three were hung, and the sentence of five of the remainder was reprieved – to be transported. Stephen Davenport, John Herbert, Robert Ellwood and John Small were among the nine men found guilty. Their crime was;

“… feloniously assaulting James Burt in the Kings Highway feloniously putting him in corporal fear and danger of his life in the said Highway and feloniously and violently stealing and taking from his person and agst. His Will in the said Highway one Metal Watch and Tortishell Case v. 30s One Pruning Knife v. 6d and 5s his Goods and Monies” [sic].

The record shows that Stephen Davenport was reprieved and pardoned by a warrant dated the 5 April 1785. John Herbert and John Small were reprieved with their death sentence changed to “to be transported same as Edward Smith same letter” [sic]. Robert Ellwood was hung at Gallows Cross, Heavitree, also known as Ringswell and the “Heavitree Drop”, on the 1 April 1785, The “Heavitree Drop” was located close to the junction where the road to Heavitree splits for Sidwell (3); Heavitree was a village to the east of Exeter on the road to London. Ellwood or Elwood was buried at St Sidwell’s parish located in the north-eastern part of Exeter (3).

We next see John Herbert and his cohorts in a deposition by the clerk of the court at Exeter Castle in the County of Devon written on the 14th of March “….in the twenty fifth year of the Reign of our Sovereign Lord George the Third….” Mad George III became King in 1760, so this was 1785. The notification reiterates that, on appeal, their sentences were commuted to seven years transportation beyond the seas,

“…. whereas ….. John Herbert and John Small were at these assizes severally convicted of Felony for which they were excluded the benefit of Clergy and his Majesty hath been graciously pleased to extend his Royal mercy to the said……. John Herbert and John Small on condition of their being severally Transported beyond the Seas for and during the Term of seven years ……” [sic]

James Carrington and James Pitman, two of his Majesty’s Justices of the Peace for the County of Devon were charged with the responsibility of appointing a contractor to transport the Convicts “beyond the seas”. But, there was nowhere to send them, the American Revolutionary War had ended in 1783 and no other location “beyond the seas” had as yet been established. Herbert and Small were left to languish in Exeter gaol; none of the time spent in Exeter gaol, before or after the trial or later, on the prison hulk Dunkirk was counted as part of their sentence.

In England from the 13th century until 1971, major crimes such as murder, robbery, burglary, rape and witchcraft were tried in the Assize courts. The Assizes were held twice each year in each county. The counties were organised into Circuits, Exeter being part of the Devon Circuit. The judges who sat at the Assizes were commissioned from the London high courts. One of their main functions was to perform a “gaol delivery”, that is, to try all persons incarcerated in the gaols by the local magistrates on suspicion of having committed a felony. On the 1785 circuit the judges were Sir Beaumont Hotham (Baron of the Court of Exchequer) and Francis Buller Esq.

by and published by Valentine Green, and published by Rupert Green, after Nathaniel Dance (later Sir Nathaniel Holland, Bt), mezzotint, published 1 July 1797

Hotham was born in Edinburgh, Scotland in August 1737, educated at Westminster, Cambridge and Temple; he married Susanna, daughter of Sir Thomas Hankey in June 1767; was a member of parliament in the early 1770s, Knighted in May 1775 and was Baron of the Exchequer from 1775 to 1805 and Commissioner of the Great Seal between April and December 1783. Hotham died in March 1814 (4).

buller francis 1Francis Buller was born in Devon 1746, the son of a Member of Parliament for Cornwall, he was educated at the King’s Grammar School, Ottery St Mary (a town about 16 km east of Exeter) and Christ’s Hospital, London. Between February 1763 and sometime in 1765 he studied law at the Inner Temple, one of four “inns of Court”, professional associations for barristers and judges (5). At the age of 17 he married Susanna, daughter and heiress of Francis Yarde of Churston Court, Devonshire now a grade one listed building operating as an inn located in the village of Churston Ferrers, Brixham; the building was listed in the Doomsday Book in 1086. In 1772 Buller was called to the bar, becoming King’s Counsel in November 1777 at the age of 32; in May 1778 he was made a Judge of the King’s Bench. His conduct on the bench was often the subject of severe criticism, accused of being hasty and prejudiced. He was caricatured as “Judge Thumb” by James Gillray in 1782 because of an alleged statement made by Buller that a husband could thrash his wife with impunity provided that he used a stick no longer than his thumb. This became known as the “Rule of thumb”. In January 1790 Buller was made a baronet and in June 1794 he resigned from the King’s Bench and took his place in the Court of Common Pleas. His health declined in the late 1790s and he died in June 1800 (6).

How did John Herbert get himself involved in the robbery of James and Rebecca Burt? While there is no absolute proof, there was more than one John Herbert serving in the British navy at the time, the fact that “our John Herbert” committed his crime in the company of individuals who were discharged marines and a discharged seaman listed in the books of HMS Europe is strong evidence our convict was serving on this ship between January 1783 and May 1784 (7). A John Herbert was in the list of captain’s servants on the ship’s muster. At his age, 22 to 24 depending on his year of birth, this seems unusual. In the eighteenth century the Royal Navy encouraged boys as young as nine to enlist as “servants” (the lower age limit was raised to 13 in 1794). They acted as cabin boys to officers and senior seamen, but they were also apprentice seamen, “learning the ropes” (literally) as they underwent sail training on the rigging. During battles they were made to carry water and gunpowder, earning them the nickname “powder monkeys”. Class divisions were not as rigid as in later Victorian times, and boys from humble backgrounds went aboard with the sons of gentlemen and of existing officers and seamen. Sometimes older boys of good physique were press-ganged but the majority were volunteers, attracted by the romance of the sea and (from 1794 onwards) the relatively good pay. Some boys were already sufficiently educated to become midshipmen (boy officers) after a few months of training. It was a harsh life, even by the standards of the day, and the romance was quickly eclipsed by rotten food, the terrors of combat and strict discipline (8). John was no “boy”, and he did not have a “little gentleman’s” education so, was he entered in the ships books at the behest of somebody with sufficient influence over Arthur Phillip that he would agree to take John with young men who were members of his extended family, such as Thomas Lane and Harry Duncombe?

HMS Europe was an Exeter class third rate 64-gun ship of the line in the British Navy under the command of Arthur Phillip, the future governor of the penal colony at New South Wales. Phillip, now a Post Captain, took command of the Europe on 23rd December 1782 (9). The Europe was part of a small squadron of ships under the command of Robert Kingsmill which included HMS Elizabeth (74 guns), HMS Grafton (70 guns) and HMS Iphigenia (32 guns). The squadron sailed on 16 January 1783, headed for the East Indies; running into fierce storms in the Bay of Biscay with “violent gales” and “great seas”, lasting three days, which crippled the Elizabeth, Grafton and Iphigenia causing them to return to England. Being separated from the others and unaware they had turned back, only Europe continued the voyage. Phillip’s orders were for the squadron to rendezvous at Madeira, a Portuguese held island off the North African coast, but a faulty compass put his ship 320 kilometres out of position so he sailed to the next rendezvous at the Portuguese Cape Verde islands, where he completed temporary repairs to his ship and took on supplies at Praia on the island of Santiago. Realising that Kingsmill must have returned to England, Phillip decided to follow “contingent orders” and sail to India but concerned Europe would not stand up to heavy weather he set a course for Rio de Janeiro, where he could make more permanent repairs, arriving there in mid-April. (10). He left Rio in early May, rounding the Cape of Good Hope at the end of May, and then, sailing in good weather, Europe reached the harbour of Johanna at Madagascar in mid-June. Here Phillip took on more supplies including bullocks, wood and water. He sailed from Johanna in the third week of June still “concerned by the state of the Europe” and after surviving a fire on board in mid ocean 74_gun_third_rate_shipsthe Europe arrived at Madras in mid July 1782 (11). After essential repairs to her frame and rigging, Europe sailed for England in a squadron of twelve ships of the India fleet in early October, under the command of Sir Richard King. The squadron met with “fierce gales” near the Cape of Good Hope which severely damaged a number of ships. The Dutch Governor, having “received no advice from Europe that the rumoured truce between his country and Britain had actually come into effect” was unwilling to cooperate in refitting and resupplying the squadron and at first refused to allow the sick to be landed. After long delays, by bad weather, and constant negotiation to arrange repairs and supplies, during which time Arthur Phillip and Sir Richard King were living on shore, “as they tried to get the ships ready for sea”, King decided to send Phillip ahead with dispatches for the Admiralty. Europe sailed on 20 February carrying John Herbert, Arthur Phillip and Phillip Gidley King, destined to be the 3rd colonial governor in N.S.W., and who had also been with Phillip in the frigate Ariadne in 1781 and 82 (12). She reached Spithead on the Solent on the 22nd April 1784 (13). Phillip carried the dispatches by coach to the Admiralty in London while the Europe picked up marines, including the ill-fated Robert Ellwood, at Portsmouth before proceeding to Plymouth where the crew was paid off in May. The picture shows typical 74 gun, third rate ships of the British Navy.

How did John Herbert fair on the 15 month voyage to the East Indies in the aged Europe? A 64 gun, third rate ship of the line carried a crew of 460-500 men including marines to sail and fight her. John Herbert, as a captain’s servant, was at the bottom of the ship hierarchy, conditions would be cramped between decks and in the rough weather that was encountered in the Bay of Biscay the unseasoned men on board, regardless of rank, would be continuously sea sick. In bad weather, sailors would be continuously wet and able to get little sleep, because of the demand to continuously change sails and attend to rigging. While ships captains and officers may have private stores of food to draw on, the lower ranks survived on the food provided by the navy; ships biscuit, a gallon of beer per day and salted beef or pork four times a week. Along with kegs of beer or ale and salted meats, naval vessels carried dried peas, oatmeal, butter, cheese and sometimes even livestock for slaughter. On long voyages with little opportunity to restock, the presence of rats, and poor ventilation and drainage in the holds, these stores would become almost inedible with weevils in the “hard tack” biscuits and meat and cheese becoming rancid. The lack of fresh vegetables and fruit containing vitamin C led to sailors suffering from scurvy. Was this the plight of the men King wanted taken on shore at the Cape and did John Herbert’s health suffer as a result of long months on a sea diet?

Davenport was a marine corporal with a long and distinguished career including action in the Americas in 1777. After serving in various ships he joined the Nymph which had returned to Plymouth where she was refitted between August and October (14) when Davenport joined her before she sailed for the Leeward Islands in December to join the Lesser Antilles squadron. Fire broke out on the Nymph at Tortola on 28 June 1783, the crew abandoned ship and the ship burnt out and sank in Road Town’s harbour with the loss of three men (14).

John Small, born in Birmingham in 1761 was about the same age as John Herbert at the time of the robbery of James and Rebecca Burt. He enlisted in the 33rd Company of the Plymouth Division of Royal Marines on 16 April 1781 aged 19 years, he entered HMS Lively, a 12-gun brig rigged sloop launched in August 1779, at Plymouth on the 15th June 1781 (15). There were 16 ships named Lively in the British Navy between the 1680s and 1942. A 14 gun brig-sloop given this name was purchased on the stocks in 1779. (16)

The American war of independence officially ended in September 1783 and as the news reached the far flung British ships of war they returned to their home ports where many of them were paid off and decommissioned.

John Small was most likely caught up in the severe cutback of marine personnel, their numbers reduced from almost 26,000 to less than 4,500. In August he was paid for his service on HMS Diamond and in December for his service in HMS Lively. He was paid a total of £9.16s.7d plus 21 days pay on discharge (17).

After abandoning the burning Nymph Stephen Davenport arrived at Plymouth on HMS Caton in November 1783 and was discharged on the 13th and paid a total of £11.9s.5d plus his 21 days discharge pay (17).

Robert Elwood arrived at Portsmouth on HMS Nemesis in April 1784 and was carried to Plymouth, the home port of his marine division, by free passage on HMS Europe, landing in May 1784. He was discharged in June and paid £8.13s.1d for his service on Nemesis plus his 21 days pay on discharge (17).

John Herbert on HMS Europe was paid off on 26 July 1784 receiving £15.16s.1d for his employment as servant to Captain Arthur Phillip. He would also have received the 21 days discharge pay – something less than the 19s per month sea pay (17).

Herbert and Elwood may have become acquainted during the short voyage between Portsmouth and Plymouth and Small and Davenport may have run into each other at their marine barracks in Plymouth but how the four of them met we may never know. Now no longer employed by the Royal Navy they apparently did not head home and, if they found no other employment, would soon spend their pay on food and lodgings. Did they meet by accident in a local inn, see the well-off James Burt and his wife in the same inn and, in a drunken muddle, agree to hold him up and rob him when he and his wife left to continue their journey; was it a spur of the moment act, or did they deliberately wait in some remote location and hold up the first traveller that came along – who knows, but rob him they did and paid the consequences.

Davenport having been pardoned disappears from our story and how John Small faired can be read in detail in Molly Gillen’s book “The Search for John Small – First Fleeter”, Ellwood also disappears at his death at the “Heavitree Drop”.

John was working on his land in 1791 in his “spare time” even though his sentence had not expired. Did he go out there as soon as it was known the government would allocate grants to convicts, and select the choicest piece of land, close to water? Or, if in fact he was the John Herbert on the Europe did he receive special treatment from Phillip and thus find himself on the best location, on the creek? Many other convicts on grants there when Watkin Tench visited in December, complained they were forced to carry water for up to a mile and a half. Tench provides the earliest description of the grants at Prospect and explains the conditions the settlers must comply with if they wish to remain on their grant indefinitely. He explains the settlers must continue to cultivate the land for five years, that like the grants to marines and the grants to emancipated convicts will be free of taxes and other charges for ten years, but, after that, they will pay quit-rent of one shilling each year. They were provided with food, clothing and medicine for eighteen months from the day they settled. They were given a hatchet, a tomahawk, two hoes, a spade and a shovel which they could use to cultivate the land and build a house; they were to share a certain number of cross-cut saws between them. They were also promised two sow pigs but they all complained bitterly to Tench that none had so far been received. The settlers were obliged to help each other if one fell sick, and to provide protection from the natives and run-a-way convicts, a corporal and two privates were camped in the middle of the farms (18).

John Herbert’s seven year term ended in 1795, when he was 35 or 36 years of age and the year his third son, Joseph, was born. The Settlers Muster Book for 1800 shows that on the surface at least, John has not made much progress in 5 years. He most likely worked on his own, Deborah helping where she could. In that year he had 5 acres of wheat, 6 acres of maize, 20 pigs and 2 horses, he was off government stores but Deborah and five children were still on stores. In 1802 he was given assistance in the form of a convict named Thomas Bradley, and in 1802 the lists show him with 35 acres cleared, 19 acres of wheat, 10 acres of maize, 2 horses, 12 hogs, 8 bushels of wheat and 20 bushels of maize harvested, he, Deborah and 3 children off stores, 3 children still on stores, and 2 government servants (assigned convicts) on stores.

In the register of arms taken in 1802 John is listed as having one gun and one sword. Why the sword, was John following old habits from days in naval service?

By 1806 he had 10 acres of wheat, 20 acres of maize, 2 acres of barley, half acres of pease/beans, 1 acre of potatoes, 1 acre of orchard and garden, 35½ acres of pasture, 3 male and 2 female horses, 1 bull, 2 cows, 4 oxen, 16 male and 40 female sheep, 2 female goats, 8 male and 4 female hogs, 12 bushels of wheat and 16 bushels of maize harvested. He, Deborah, 7 children and 1 convict were off government stores, and he was employing 1 free man. This was quite a menagerie; the Prospect farm must have been extremely crowded.

In Time, he grew sufficient grain to supply to the government store; on the 3rd January 1822 he supplied 30 Bushels of wheat to “His Majesty’s Magazine”. From time to time John had help in the form of convict labour, in 1815 Rachael Wyatt wrote to Governor Macquarie pleading for a ticket of leave for her husband who was assigned to Herbert Farm (19).

By 1805 Deborah had given birth to seven children, six boys and a girl; Benjamin in 1789, William in 1791, Joseph in 1795, John Jnr in 1797 Charles in 1800, James in 1803 and Susannah in 1805.

John was obviously thinking ahead, perhaps realising the 70 acres at Prospect would not support his growing family, in 1803 he leased 80 acres of land on the Nepean River at Castlereagh from Gilbert Goodlit, the original grantee. Three years later in 1806 he purchased the land outright for £100 (20). Later as his sons became old enough he sold a portion of the 80 acres to each of his five youngest boys, William, Joseph, John Jnr., Charles and James; Benjamin, his first born, remained on the Prospect farm.

Deborah died in 1819 and was buried in St. John’s Cemetery, Parramatta on the 26th June, aged 52 years, according to the inscription on the slab stone on her grave; she was actually 53. On the 2nd April that year she and John had been married for 30 years. After her trial and the hearing before the Judge Advocate in December 1788 in Sydney, she only appears in the written record at the christening of each of her children.

If John Herbert born in 1759 to Rowland Herbert and Ann (Lane) or to William Herbert and Mary (Carlton) is the same man sent to Australia, he turned 60 in 1819; was he aware of this and feeling his age after many years of hard manual work, first as a convict and then as an emancipist working his land at Prospect? Did he need a housekeeper and somebody to look after him as he got older? What was in his mind and what his motive was we will never know but on the 21st October 1819 he married Ann Dudley who arrived on the convict transport Friendship in January 1818 to serve a seven year transportation sentence. Ann was about 35 years of age and two years later in 1820 she gave birth to a boy, John’s seventh son, who they named Henry John. In February of 1824 John purchased the lease for the property at 39 Campbell Street, Parramatta, he and Ann moved there where he established a shop or store. The 1828 census lists him as a dealer in Parramatta.

john_snr_head_300John Died on the 1st April 1832 and was buried close to Deborah in St John’s Cemetery on the 4th. The burial record lists his profession as a “Free Shop-keeper”; the ceremony was performed by the Reverend Samuel Marsden. Who the author of the inscription on his headstone was is not known; was John, even in his advanced years, still regretting his crime and did he dictate the inscription?

“If I had faults, who is without”

In his will, he left the Campbell Street property to his wife, who is named Ann Dudley Herbert; on her death it was to go to his son Henry John. He left Henry John two horses called Whitefoot and Creamy and two carts and all the harness belonging to them. He left the Prospect farm, called Herbert Farm in the original grant, but referred to as ‘Pender’ by John, to his seven children with Deborah, dividing it into 10 acre parts. The property was finally sold as a complete parcel to John Booth in 1875 for £230 (21).

References

  1. Public Record Office (PRO). ASSI 23/8.
  2. British National Archives Office. http:/www.nationalarchives.gov.uk/records/reseach-guides/assizes-criminal-1559-1971.htm. [Online] [Cited: 1 Feb 2013.]
  3. Exeter Memories – Executed. (http://www.exetermemories.co.uk/em/executed.php). [Online] [Cited: 1 Feb 2013.]
  4. History of Parliament – British Public, Social and Local History. http://www.historyofparliamentonline.org/volume/1754-1790/member/hotham-beaumont-1737-1814. [Online] [Cited: 1 Feb 2013.]
  5. Wikipedia – Inner Temple. http://en.wikipedia.org/wiki/inner_temple. [Online] [Cited: 22 Feb 2013.]
  6. Barack, Gregg. Background: Criminal Justice 2007: Greenwood. p. 207.
  7. Winfield, Rif. British War Ships of the age of Sail 1793-1817: Chatham Publishing (orig) / Seaforth Publishing, 2005 / 2014. ISBN 978-1-84415-717-4.
  8. The Dear Surprise. http://www.thedearsurprise.com/?p=897. [Online] [Cited: 24 March 2013.]
  9. Frost, Alan. Arthur Phillip 1738 – 1814 His Voyaging: Oxford University Press, 1987. p. 99. ISBN 0 19 554701 .
  10. Ibid. p. 116.
  11. Ibid. p. 118.
  12. Ibid. p. 100.
  13. Ibid. p. 124.
  14. Wikipedia – HMS Nymph. http://en.wikipedia.org/wiki/HMS_Nymph. [Online] [Cited: 22 Feb 2013.]
  15. Mollie, Gillen. The Search for John Small, First Fleeter. Sydney: Library of Australian History, 1988. p. 38.
  16. Wikipedia – HMS Lively. https://en.wikipedia.org/wiki/HMS_Lively. [Online] [Cited: 5 October 2015.]
  17. Mollie, Gillen. The search for John Small – First Fleeter. Sydney: Library of Australian History., 1988. p. 56. ISBN 0 908120 58 3.
  18. The Herbert Family Association. A Far Prospect. Sydney: The Herbert Family Association Inc., 1994. pp. 29, 30. ISBN 0 646 17341 3.
  19. Ibid. p. 31.
  20. Land titles Office Grant Register, Serial No. 3,Page 111. Grant to Gilbert Goodlit, Evan, 80 acres – Early Grant Purchase Book 1 page entry 1105 G. Goodlit to John Herbert 22 Oct 1806.
  21. Land Titles Office Book 146 entry 967 Conveyance Indenture.