The Clanking of Medieval Chains: Extra-Judicial Banishment in the British Empire

Banishment in English law was circumscribed by the Magna Carta and habeas corpus and prohibited except by legal procedure. The Transportation Act of 1718 legalised exile and enshrined convictism in law. The case of Bancoult (No.2), 2008, which considered the banishment of the Ilois of Chagos Island in the 1960s, brought consideration of banishment into the twentieth century and opened the royal prerogative to modern scrutiny. What becomes clear from this case is that banishment relied on royal prerogative without resort to legal process and was surprisingly routine throughout the British Empire. This article considers the implications of this case and some of the wider history of banishment in the empire.