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33:
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The mounting differences between
Macquarie, Bent and Bent's brother led Macquarie to write to Lord Bathurst offering to resign unless both Bents were removed from office. Bathurst did so in January 1816, siding with Macquarie rather than the Bents. Before notification of Bent's dismissal arrived in
217:
Bent was quite progressive for the time. He allowed ex-convict lawyers to appear before his court when such a course was not possible in
England under English law. He did this by allowing them to appear as agents of the parties, rather than formally admitting the lawyers as officers of the court.
190:, which was the principal civil court of the colony. He held a commission to preside in the Vice-Admiralty Court to deal with admiralty issues that arose from time to time. He lastly presided with another magistrate as the Bench of Magistrates to deal with less serious criminal matters in Sydney.
256:
Bent left a widow and four children, and a fifth child was born subsequently to his death. Unfortunately, he left no estate to his wife and children on his death. Macquarie graciously wrote to Lord
Bathurst recommending the payment of a pension to widow in view of Bent's services to the colony.
243:
Lastly, Bent clashed with
Macquarie over the introduction of new shipping rules for the colony. Bent had initially concurred with Macquarie's shipping rules in 1810. However, in 1814, when Macquarie provided a draft set of revised rules, Bent found them to be unnecessary and some to be illegal.
209:
Macquarie recommended that the plan be adopted and suggested to the
English authorities that Bent should be made the first judge of any such court created. Bent was passed over for the position, and instead it was offered to his brother Jeffrey Bent. The establishment of this latter court, the
218:
This met with general approval in the colony as it was a practical solution which facilitated the application of justice in the colony at a time when the colony was in its infancy. It has to be remembered that Bent was the first lawyer to emigrate to the colony of his own free will.
239:
to assist litigants as agents, he sided with his brother that they should not be allowed to appear in the newly created
Supreme Court of Civil Judicature to which his brother had been appointed. This raised Macquarie's ire as it impeded the ability of the new court to function.
234:
Secondly, Bent came under the influence of his brother. Unfortunately, Bent's brother proved to be the opposite of Bent and was obstructive at every possible time. Whilst Bent had been initially progressive in allowing convict lawyers to appear in the
143:
and was awarded a
Bachelor of Arts in 1804 and a Master of Arts in 1807. He was called to the Bar in 1805 practising in England for a number of years. He was described as a tall and rather heavy man, and his health was poor.
230:
countries. Macquarie took the view that Bent's commission required him to obey the orders and directions of the governor in all times. Bent took the view that he should only obey the "lawful" instructions of the governor.
373:
186:, which was the only criminal court of colony which dealt with serious criminal crimes and was the only court which could sentence a person to death. He also presided with two nominees appointed by the governor in the
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Bent was well regarded by
Macquarie initially, and set about his role of judge-advocate with vigor and good faith. In recognition, Macquarie had a new residence built for Bent, which was completed in June 1812.
214:(commonly referred to as the Supreme Court) lessened the workload of Bent as the Court of Civil Jurisdiction over which he presided was abolished as a result of the establishment of that Supreme Court.
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Macquarie and Bent were to be at loggerheads in the later years of Bent's appointment. They firstly disagreed over the independence of the judiciary, something that is taken for granted today in
602:
182:
The role of deputy judge-advocate (commonly referred to as the "judge-advocate") placed Bent as the primary judicial member of the colony. He presided with six military officers in the
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in the colony and the creation of a new superior court to deal with civil matters. For this latter court, he proposed that a judge be appointed to sit with two magistrates.
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Bent made recommendations to Lord
Bathurst concerning the administration of justice in the colony. Some of these related to the introduction of
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455:. Vol. TWENTY–FIRST, no. 1036. New South Wales, Australia. 25 September 1823. p. 2 – via National Library of Australia.
360:"BENT, Robert (C.1745-1832), of 46 Portugal Street, Lincoln's Inn Fields, MDX. And West Moulsey, Surr. | History of Parliament Online"
435:. Vol. THIRTEENTH, no. 625. New South Wales, Australia. 11 November 1815. p. 1 – via National Library of Australia.
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285:. He was buried there rather than at Garden Island (upon which Bent had a lease) because of his earlier disagreements with Macquarie.
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Bent was born in 1783 although his birthdate is sometimes recorded as 1779. He was the second son of the merchant, ship owner and MP
475:. Vol. XXIII, no. 1163. New South Wales, Australia. 15 December 1825. p. 2 – via National Library of Australia.
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Later, his sandstone tomb was transferred to the Rest Park in St Thomas' Cemetery. His headstone is located at the Botany
Cemetery,
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to be appointed to a judicial office in the infant colony in an era when military officers were commonly appointed to the position.
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In 1823 Bent's remains were removed from the Old Burial Ground and placed in a vault on Garden Island. Later, after 1825 when
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85:(1783 – 10 November 1815) was the Deputy Judge Advocate between 1810 and 1815 of the Australian colony of
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of Sydney. where many of the headstones from the old Devonshire Street Cemetery were relocated.
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died, he was also removed to Garden Island in accordance with Bent's earlier wishes.
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200 a year was granted to Mrs Bent in 1817. She subsequently returned to England.
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was the senior legal officer of the colony and functioned in many ways as a
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as from 1 January 1809. He arrived at Sydney on 1 January 1810 on board
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556:, Online Edition, Copyright 2006, Australian National University
519:"Randwick City Council » Pioneer Park, Botany Cemetery"
89:, which was eventually to become an Australian state. The
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who was generally regarded in the colony as incompetent.
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50:
42:
23:
603:British emigrants to the Colony of New South Wales
584:, An Australian Legal History, Law Book Co, 1975.
472:The Sydney Gazette and New South Wales Advertiser
452:The Sydney Gazette and New South Wales Advertiser
432:The Sydney Gazette and New South Wales Advertiser
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343:
253:the colony, Bent had died on 10 November 1815.
156:as the deputy judge-advocate of the colony of
467:"FURTHER PARTICULARS RELATIVE TO MAJOR OVENS"
8:
487:"Pts780_St Thomas Rest Park_March 2002.PDF"
31:
20:
268:Ellis Bent headstone, Botany Bay Cemetery
633:Burials at Eastern Suburbs Memorial Park
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167:, which happened to be carrying the new
136:, England on the family estate Moulsey.
91:Deputy Judge Advocate of New South Wales
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316:"SAILORS, SOLDIERS AND CIVIL SERVANTS"
175:. Bent took over from his predecessor
7:
257:Bathurst approved, and a pension of
623:Judge Advocates of New South Wales
570:Dictionary of Australian Biography
553:Australian Dictionary of Biography
14:
212:Supreme Court of Civil Judicature
618:Colony of New South Wales judges
628:19th-century Australian judges
184:Court of Criminal Jurisdiction
1:
128:, and the younger brother of
638:19th-century English lawyers
392:"Volume I Chapter 1 Part 2"
378:A Cambridge Alumni Database
237:Court of Civil Jurisdiction
188:Court of Civil Jurisdiction
169:Governor of New South Wales
654:
380:. University of Cambridge.
198:Legal reform in the colony
120:Early years and education
30:
427:"Classified Advertising"
279:Old Sydney Burial Ground
67:Old Sydney Burial Ground
548:Bent, Ellis (1783–1815)
374:"Bent, Ellis (BNT799E)"
290:Brevet-Major John Ovens
104:Bent Street in Sydney,
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575:Angus & Robertson
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141:Peterhouse, Cambridge
116:are named after him.
108:and Ellis Bent Road,
97:. Bent was the first
525:on 26 September 2007
152:He was appointed by
499:on 4 September 2007
328:on 1 September 2007
277:Bent was buried at
139:He was educated at
75:St Thomas Rest Park
598:English barristers
281:, now the site of
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398:on 30 August 2007
173:Lachlan Macquarie
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58:(aged 31–32)
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16:Australian judge
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565:"Bent, Ellis"
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582:Alex Castles
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527:. Retrieved
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400:. Retrieved
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248:Closing days
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130:Jeffery Bent
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106:Bent's Basin
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63:Burial place
56:(1815-11-10)
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613:1815 deaths
608:1783 births
222:Later years
126:Robert Bent
592:Categories
573:. Sydney:
303:References
228:common law
204:jury trial
83:Ellis Bent
37:Ellis Bent
25:Ellis Bent
164:Dromedary
112:near the
110:Greendale
99:barrister
563:(1949).
541:Sources
529:3 April
503:3 April
447:"REPLY"
402:3 April
332:3 April
416:Currey
273:Burial
134:Surrey
497:(PDF)
490:(PDF)
349:Serle
326:(PDF)
319:(PDF)
531:2007
505:2007
404:2007
334:2007
162:HMS
51:Died
46:1783
43:Born
550:',
594::
567:.
469:.
449:.
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342:^
171:,
577:.
533:.
507:.
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336:.
259:£
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