Actually it mostly wasn't. It eventually became the more frequent outcome at the end of the 17th century, as the profession - like juries - signalled their diss

Actually it mostly wasn't. It eventually became the more frequent outcome at the end of the 17th century, as the profession - like juries - signalled their dissatisfaction with the laws. There were something ridiculous like 200 capital offences. It was laws falling into disrepute with both the profession and juries, and transportation becoming the majority that led to much of the 18th century legal reforms that removed nearly all the capital offences.