Mid North Coast Pioneers - Newcastle to Lismore and beyond

Convict uniform as punishment

Daniel BRIENAge: 67 years17701837

Name
Daniel BRIEN
Given names
Daniel
Surname
BRIEN
Also known as
Daniel BRYAN
Birth calculated 1770
Publication: Internet document
Text:

"He was a lad of 19 in 1787, living in that part of London called Hackney."

Convicted
Receiving stolen property
February 21, 1789 (Age 19 years)
Address: Old Bailey
Publication: Internet document
Text:

He was a lad of 19 in 1787, living in that part of London called Hackney. Then, on 7th February, some brickmakers were working in a field in Hackney, getting clay for bricks, and they noticed two youths, walking across the field, one carrying a large bundle. The brickmakers suspected that something was wrong there and, as rewards were given by the Justices to people who grabbed thieves, the brickmakers decided to ask a few questions. If you arrested a highwayman, the reward was about £40. But, for arresting thieves, the payment might be only £10, but it was still good money. Daniel Brien then came up and said, "'What's the matter, Jack?". "Give me the bundle. Come across the road, for I'll not be stopped by anybody. "

He then took the bundle and said, "Go and fetch your mother. These things are going to the washerwoman to be washed." So Jack and his mate went off to see Jack's mother and the brickmakers arrested Daniel Brien and took him down to the Justices at Shoreditch with the bundle, which turned out to be washing from a ladies' college and that it had been stolen from there. But Daniel had the bundle handed to him, so he was charged with stealing clothes worth £7.6.0/- in a dwelling house. Now, this was a serious offence, and in 1714, the English Parliament changed the law, and people found guilty of stealing things worth more than 40/- from houses were sentenced to death by hanging, as happened later to little Ann Parker. And that is what happened to Daniel Brien. He was charged before a Justice of the Peace at Shoreditch where he was sent for trial before a Judge and Jury at the big court of the Old Bailey. At that time, Daniel could not give evidence for himself. He could only make an unsworn statement from the dock. His defence was, "I was going across the field and saw two men came running past. I thought I knew one of them, and I saw three men running after them. I ran up to see what was the matter, and said 'Jack. What is the matter ?' He said that he had some things to take to the washerwoman for his mother, and these men would not let him, and I said, 'I will take care of these things while you fetch your mother.' He went away and never returned. And they kept me."

Note: Sentenced to death.
Commutation of Sentence
By His Majesty and sentence commuted to transportation for 7 years
September 9, 1789 (Age 19 years)
Address: Old Bailey
Text:

The following capital convicts were offered his Majesty's pardon, on condition of Transportation to the Coast of New South Wales, for seven years , which they accepted, viz. William Clay , George Wallis , Daniel Brien , Thomas Wood , Jacob Jonas , Thomas Johnson , George Lovell alias Gipsey George , James Shirley , Charles Berkley , Thomas Tusk , James Bebbin , Robert Fawcett , William Tanner , Thomas Holyoake , Samuel Crofts , William Johnson , Edward Collins , Walter Forguson , William Harper , Robert Cox , William Caddie , Thomas Ward , John Harper .

Brien - Daniel - Death sentence commuted to transportation for 7 years
Brien - Daniel - Death sentence commuted to transportation for 7 years

Note: Image kindly made available by the Old Bailey website.

Prisoner between February 21, 1789 and December 1789 (Age 19 years)
Address: Newgate Prison
Publication: Internet document
Prisoner between December 1789 and March 1791 (Age 19 years)
Address: On board the hulk "Dunkirk".
Publication: Internet document
Transported
On board the "Salamander"
March 27, 1791 (Age 21 years)
Publication: Internet document
Convict
Arrived on board the "Salamander"
August 21, 1791 (Age 21 years)
Publication: Internet document
Publication: Lesley Uebel, 2001, CD
Citation details: Convict Names, page 305
Note: Documentation upon his arrival notes his name as Daniel BRYAN.
Property
Purchased 10 acres from Hugh Doherty for £35
February 23, 1807 (Age 37 years)
Address: Off Vardy's Road
Publication: Internet document
Text:

Then we come to the most important happening in his history, the purchase of his first farm. Its first owner was Samuel Harding who was given a Crown Grant of 30 acres, being allotment 163 in the Parish of Prospect on lst August, 1799. He sold the bottom ten acres to Joseph Kerans for £16 on lst June, 1804. Kerans (or Kearnes) sold it to Benjamin Carver on12th January, 1806, and Carver sold it to Hugh Doherty on 29th 0ctober, 1806. And Daniel Brien bought the ten acres from Doherty on 23rd February, 1807 for £35. None of the documents mention a hut or a house on this farm, but he might have had a house of some kind there.

Common law marriageAnn PARKERView this family
about 1809 (Age 39 years)
Note: It is understood that Daniel selected Ann as his wife, but did not formally marry her until 1821.
Birth of a daughter
#1
Catherine BRIEN
October 19, 1809 (Age 39 years)
Publication: Internet document
Citation details: P 26
Occupation
Constable for the District of Seven Hills
January 13, 1810 (Age 40 years)
Employer: Appointed by Governor Lachlan Macquarie
Publication: Internet document
Citation details: P 26
Birth of a daughter
#2
Jane BRIEN
May 19, 1811 (Age 41 years)
Publication: Internet document
Citation details: P 27
Birth of a son
#3
Timothy BRIEN
July 3, 1813 (Age 43 years)
Publication: Internet document
Citation details: P 28
Birth of a daughter
#4
Mary Ann BRIEN
September 21, 1815 (Age 45 years)
Publication: Internet document
Citation details: P 28
Birth of a son
#5
Daniel BRIEN
July 17, 1817 (Age 47 years)
Publication: Internet document
Citation details: Page 44
Citation details: V18174254 1B/1817 BRIEN DANIEL DANIEL ANN --
Birth of a daughter
#6
Elizabeth Florella BRIEN
September 30, 1819 (Age 49 years)
Publication: Internet document
Citation details: Page 44
Citation details: V18195032 1B/1819 BRIEN ELIZABETH DANIEL ANN
Text:

This source as Elizabeth being born on 26 September, 1819 and not 30 September.

Note: There are variations as to the date of birth. See sources.
Baptism of a daughterElizabeth Florella BRIEN
February 6, 1820 (Age 50 years)
Note: St. John's Church of England
Religious marriageAnn PARKERView this family
January 29, 1821 (Age 51 years)
Address: St. John's Church of England By Rev. Samuel Marsden
Publication: Internet document
Citation details: P 29
Citation details: V18212684 3B/1821 BRIEN DANIEL PARKER ANN CB
Birth of a daughter
#7
Clara BRIEN
November 10, 1821 (Age 51 years)
Publication: Internet document
Citation details: P 30
Birth of a son
#8
John Robert BRIEN
November 11, 1823 (Age 53 years)
Publication: Internet document
Citation details: P 30
Citation details: V18236409 1B/1823 BRYANT JOHN R DANIEL ANN
Marriage of a childJames FOULCHERCatherine BRIENView this family
Type: Religious marriage
February 28, 1825 (Age 55 years)
Address: St. John's Church of England
Publication: Internet document
Citation details: P 32
Citation details: V18253507 3B/1825 FOULCHER JAMES BRYAN CATHARINE CB
Birth of a daughter
#9
Sarah Jane BRIEN
December 1, 1825 (Age 55 years)
Publication: Internet document
Citation details: P 32 and 46
Birth of a granddaughter
#1
Sarah Jane FOULCHER
about 1827 (Age 57 years)
Citation details: V18277988 1C/1827 FOULCHER SARAH J JAMES CATHERINE
Text:

There is also this reference:

V182734 11/1827 FOULCHER SARAH J JAMES CATHERINE

Birth of a son
#10
James BRIEN
December 26, 1829 (Age 59 years)
Publication: Internet document
Citation details: P 34
Birth of a grandson
#2
Henry J FOULCHER
about 1829 (Age 59 years)
Citation details: V18299305 1C/1829 FOULCHER HENRY J JAMES CATHERINE
Text:

There is also this reference:

V182964 13/1829 FOULCHER HENRY J JAMES CATHERINE

Marriage of a childPaul HUONJane BRIENView this family
July 5, 1831 (Age 61 years)
Publication: Internet document
Citation details: P 34
Citation details: V1831453 128/1831 H'UON PAUL BRIEN JANE LD
Text:

There is also this reference:

V1831558 127/1831 HUON PAUL BRIEN JANE LD

Birth of a daughter
#11
Eleanor Grace BRIEN
March 8, 1832 (Age 62 years)
Publication: Internet document
Citation details: P 35
Citation details: V183246 16/1832 BRIEN ELEANOR G DANIEL ANNE
Birth of a granddaughter
#3
Susan FOULCHER
about 1832 (Age 62 years)
Citation details: V18328 18/1832 FOULCHER SUSAN JAMES CATHERINE
Death of a daughterCatherine BRIEN
December 11, 1832 (Age 62 years)
Publication: Internet document
Citation details: P 35 and 42
Publication: New South Wales Government
Citation details: V18321383 16/1832 FOULCHER CATHERINE AGE 22
Marriage of a childTimothy BRIENCharlotte GILBERTView this family
Type: Religious marriage
May 26, 1833 (Age 63 years)
Address: St. John's Church of England
Citation details: V183317 17/1833 BRIEN TIMOTHY GILBERT CHARLOTTE CB
Birth of a granddaughter
#4
Mary Ann BRIEN
calculated 1834 (Age 64 years)

Marriage of a childMatthew Woodward PEARCEMary Ann BRIENView this family
Type: Religious marriage
May 29, 1834 (Age 64 years)
Address: St. John's Church of England
Publication: Internet document
Citation details: P 35
Citation details: V18341112 18/1834 PEARCE MATTHEW W BRIEN MARY A CB
Birth of a grandson
#5
Samuel BRIEN
about 1836 (Age 66 years)
Citation details: BRIEN SAMUEL 604/1836 V1836604 20 TIMOTHY CHARLOTTE
Marriage of a childRobert Holt BESTClara BRIENView this family
Type: Religious marriage
December 24, 1836 (Age 66 years)
Address: St. John's Church of England
Publication: Internet document
Citation details: P 35
Citation details: V1836209 20/1836 BEST ROBERT H BRIEN CLARA CB
Birth of a grandson
#6
John JAMES
March 3, 1837 (Age 67 years)
Citation details: V1837566 21/1837 JAMES JOHN JOHN ELIZABETH --
Birth of a granddaughter
#7
Clara Agnes BEST
about 1837 (Age 67 years)
Citation details: V1837683 21/1837 BEST CLARA ROBERT CLARA
Death August 22, 1837 (Age 67 years)
Publication: Internet document
Note: W.J. Cuthill records:
Burial
Address: Probably in the Roman Catholic portion.
Cemetery: North Parramatta General
Publication: Internet document
Note: W.J. Cuthill notes:
Family with Ann PARKER - View this family
himself
wife
Marriage: January 29, 1821Parramatta, , New South Wales, Australia
-11 years
daughter
Catherine BRIEN
Birth: October 19, 1809 39 18Seven Hills, , New South Wales, Australia
Death: December 11, 1832Parramatta, , New South Wales, Australia
19 months
daughter
Jane BRIEN
Birth: May 19, 1811 41 20Seven Hills, , New South Wales, Australia
Death: April 7, 1894Seven Hills, , New South Wales, Australia
2 years
son
2 years
daughter
Mary Ann BRIEN
Birth: September 21, 1815 45 24Seven Hills, , New South Wales, Australia
Death: November 19, 1876Seven Hills, , New South Wales, Australia
22 months
son
Daniel BRIEN
Birth: July 17, 1817 47 26Seven Hills, , New South Wales, Australia
Death: March 15, 1878Parramatta, , New South Wales, Australia
2 years
daughter
2 years
daughter
2 years
son
2 years
daughter
Sarah Jane BRIEN
Birth: December 1, 1825 55 34Seven Hills, , New South Wales, Australia
Death: July 21, 1868Wangaratta, , Victoria, Australia
4 years
son
Brien - JamesJames BRIEN
Birth: December 26, 1829 59 38New South Wales, Australia
Death: July 5, 1919Wangaratta, , Victoria, Australia
2 years
daughter
Howard - Eleanor GraceEleanor Grace BRIEN
Birth: March 8, 1832 62 40New South Wales, Australia
Death: April 30, 1926Wagga Wagga, , New South Wales, Australia
William Henry SMITH + Ann PARKER - View this family
wife’s husband
wife
Marriage: October 8, 1839Parramatta, , New South Wales, Australia

BirthThe Briens of Seven Hills
Publication: Internet document
Text:

"He was a lad of 19 in 1787, living in that part of London called Hackney."

ConvictedThe Briens of Seven Hills
Publication: Internet document
Text:

He was a lad of 19 in 1787, living in that part of London called Hackney. Then, on 7th February, some brickmakers were working in a field in Hackney, getting clay for bricks, and they noticed two youths, walking across the field, one carrying a large bundle. The brickmakers suspected that something was wrong there and, as rewards were given by the Justices to people who grabbed thieves, the brickmakers decided to ask a few questions. If you arrested a highwayman, the reward was about £40. But, for arresting thieves, the payment might be only £10, but it was still good money. Daniel Brien then came up and said, "'What's the matter, Jack?". "Give me the bundle. Come across the road, for I'll not be stopped by anybody. "

He then took the bundle and said, "Go and fetch your mother. These things are going to the washerwoman to be washed." So Jack and his mate went off to see Jack's mother and the brickmakers arrested Daniel Brien and took him down to the Justices at Shoreditch with the bundle, which turned out to be washing from a ladies' college and that it had been stolen from there. But Daniel had the bundle handed to him, so he was charged with stealing clothes worth £7.6.0/- in a dwelling house. Now, this was a serious offence, and in 1714, the English Parliament changed the law, and people found guilty of stealing things worth more than 40/- from houses were sentenced to death by hanging, as happened later to little Ann Parker. And that is what happened to Daniel Brien. He was charged before a Justice of the Peace at Shoreditch where he was sent for trial before a Judge and Jury at the big court of the Old Bailey. At that time, Daniel could not give evidence for himself. He could only make an unsworn statement from the dock. His defence was, "I was going across the field and saw two men came running past. I thought I knew one of them, and I saw three men running after them. I ran up to see what was the matter, and said 'Jack. What is the matter ?' He said that he had some things to take to the washerwoman for his mother, and these men would not let him, and I said, 'I will take care of these things while you fetch your mother.' He went away and never returned. And they kept me."

Commutation of SentenceWeb Site - Old Bailey - London's Central Criminal Court 1674 to 1913
Text:

The following capital convicts were offered his Majesty's pardon, on condition of Transportation to the Coast of New South Wales, for seven years , which they accepted, viz. William Clay , George Wallis , Daniel Brien , Thomas Wood , Jacob Jonas , Thomas Johnson , George Lovell alias Gipsey George , James Shirley , Charles Berkley , Thomas Tusk , James Bebbin , Robert Fawcett , William Tanner , Thomas Holyoake , Samuel Crofts , William Johnson , Edward Collins , Walter Forguson , William Harper , Robert Cox , William Caddie , Thomas Ward , John Harper .

PrisonerThe Briens of Seven Hills
Publication: Internet document
PrisonerThe Briens of Seven Hills
Publication: Internet document
TransportedThe Briens of Seven Hills
Publication: Internet document
ConvictThe Briens of Seven Hills
Publication: Internet document
PropertyThe Briens of Seven Hills
Publication: Internet document
Text:

Then we come to the most important happening in his history, the purchase of his first farm. Its first owner was Samuel Harding who was given a Crown Grant of 30 acres, being allotment 163 in the Parish of Prospect on lst August, 1799. He sold the bottom ten acres to Joseph Kerans for £16 on lst June, 1804. Kerans (or Kearnes) sold it to Benjamin Carver on12th January, 1806, and Carver sold it to Hugh Doherty on 29th 0ctober, 1806. And Daniel Brien bought the ten acres from Doherty on 23rd February, 1807 for £35. None of the documents mention a hut or a house on this farm, but he might have had a house of some kind there.

OccupationThe Briens of Seven Hills
Publication: Internet document
Citation details: P 26
MarriageThe Briens of Seven Hills
Publication: Internet document
Citation details: P 29
MarriageMarriages registered in New South Wales.
Citation details: V18212684 3B/1821 BRIEN DANIEL PARKER ANN CB
DeathThe Briens of Seven Hills
Publication: Internet document
BurialThe Briens of Seven Hills
Publication: Internet document