How did pardons and transportation reduce the number of executions in England?

During the 17th and 18th centuries in England, the death penalty was prescribed for a vast array of offenses, yet it was rarely applied as broadly as the law allowed. Many offenders who committed capital crimes avoided execution because they were granted pardons, typically on the condition that they accepted banishment.1

Transportation served as a practical alternative to the death penalty, providing a punishment that was considered more severe than a fine but less extreme than hanging, especially given the lack of adequate prison facilities at the time. Under the Transportation Act of 1717, thousands of convicts were sent to the American colonies and, following the American Revolution, later to Australia.21

Additionally, the legal mechanism known as benefit of clergy allowed many individuals convicted of felonies to escape the death sentence by demonstrating literacy. Over time, this privilege evolved, and by 1717, judges were empowered to sentence those who might otherwise have faced execution to transportation for seven years instead.1