Jeffery Hart Bent
Encyclopedia
Jeffery Hart Bent, occasionally known as Geoffrey Hart Bent (1781 – 29 June 1852) was the first judge in the colony of New South Wales
, Australia
.
. He was educated at Mr Barnes's school, Manchester, and at Trinity College, Cambridge
, graduating B.A. in 1804, and M.A. in 1807. He was called to the bar of the Middle Temple
in 1806.
, arriving at Sydney
on 28 July 1814. He refused to disembark until acknowledged with a formal salute. He had been only a few weeks in the colony before he was appealing to Earl Bathurst
against a decision of Governor Macquarie
to fit up one of the wings of the hospital as a temporary court house. There was much delay in holding the first sitting of the court, which was eventually fixed for 1 May 1815, and even then there were repeated adjournments because Bent refused to allow anyone who had been transported to be allowed to practice as an attorney. Macquarie was anxious that all convicts who had expiated their crime should be given every opportunity to rehabilitate themselves and lead normal lives as members of the community. Some of the men objected to by Bent had hitherto been permitted to plead before his brother, Ellis Bent, the judge-advocate, and Macquarie was satisfied that no evil consequences had resulted. He pointed out, too, that under the new regulations there would be only one attorney in the colony who would be able to plead, and that therefore one party only in each suit could have legal assistance in bringing his case forward. The tone of Bent's communications to the governor showed a great want of respect, and on 1 July 1815 Macquarie wrote to Earl Bathurst about the Bent brothers, stating that it had now become "absolutely necessary for the good of the colony . . . that they or I should be removed from it". Both of the brothers were recalled and Jeffery Bent left for England in 1817.
from 1820–1833 (where he was twice suspended), of St Lucia, 1833–1836, and of British Guiana
from 1836 where he died (in Georgetown
), on 29 June 1852.
Bent was difficult and autocratic. His opinions on the employment of ex-convicts in courts are to some extent understandable, but he made no allowance for the differing views of Governor Macquarie and his difficulties.
, Chief Justice of Australia
described Bent as follows:
"He is generally regarded, not only as the first judge in New South Wales, but also as the worst. The one thing he had to recommend him was a spirit of independence. He gave an early display of his mettle upon his arrival in Sydney, by refusing to disembark from his ship until the Governor arranged for a proper battery of guns to salute him. He refused to pay the road toll levied on users of Sydney's main road. He said he would be damned if he would pay any illegal tax. He called the gatekeeper a scoundrel, and threatened to put him in gaol. As a result, he was charged with toll evasion, convicted by a magistrate and fined two pounds. There being no Judicial Commission in those days, the matter was left to rest there.
The Court presided over by Judge Bent only ever sat to hear one item of civil business. That was an application by three ex-convict attorneys for admission to practice. The judge, who was at risk of being outvoted by the two magistrates with whom he sat, peremptorily announced that the application was refused, and that he would never preside in a court where ex-convicts were admitted to practice. Soon afterwards he was recalled to England.".
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
Early life
Bent was the son of Robert Bent and elder brother of Ellis BentEllis Bent
Ellis Bent was the deputy judge advocate between 1810 and 1815 of the Australian colony of New South Wales, which was eventually to become an Australian state. The deputy judge advocate was the senior legal officer of the colony and functioned in many ways as a Chief Justice...
. He was educated at Mr Barnes's school, Manchester, and at Trinity College, Cambridge
Trinity College, Cambridge
Trinity College is a constituent college of the University of Cambridge. Trinity has more members than any other college in Cambridge or Oxford, with around 700 undergraduates, 430 graduates, and over 170 Fellows...
, graduating B.A. in 1804, and M.A. in 1807. He was called to the bar of the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in 1806.
New South Wales
He was appointed judge of the Supreme Court of New South WalesSupreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
, arriving at Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
on 28 July 1814. He refused to disembark until acknowledged with a formal salute. He had been only a few weeks in the colony before he was appealing to Earl Bathurst
Henry Bathurst, 3rd Earl Bathurst
Henry Bathurst, 3rd Earl Bathurst KG PC was a British politician.-Background and education:Lord Bathurst was the elder son of Henry Bathurst, 2nd Earl Bathurst, by his wife Tryphena, daughter of Thomas Scawen...
against a decision of Governor Macquarie
Lachlan Macquarie
Major-General Lachlan Macquarie CB , was a British military officer and colonial administrator. He served as the last autocratic Governor of New South Wales, Australia from 1810 to 1821 and had a leading role in the social, economic and architectural development of the colony...
to fit up one of the wings of the hospital as a temporary court house. There was much delay in holding the first sitting of the court, which was eventually fixed for 1 May 1815, and even then there were repeated adjournments because Bent refused to allow anyone who had been transported to be allowed to practice as an attorney. Macquarie was anxious that all convicts who had expiated their crime should be given every opportunity to rehabilitate themselves and lead normal lives as members of the community. Some of the men objected to by Bent had hitherto been permitted to plead before his brother, Ellis Bent, the judge-advocate, and Macquarie was satisfied that no evil consequences had resulted. He pointed out, too, that under the new regulations there would be only one attorney in the colony who would be able to plead, and that therefore one party only in each suit could have legal assistance in bringing his case forward. The tone of Bent's communications to the governor showed a great want of respect, and on 1 July 1815 Macquarie wrote to Earl Bathurst about the Bent brothers, stating that it had now become "absolutely necessary for the good of the colony . . . that they or I should be removed from it". Both of the brothers were recalled and Jeffery Bent left for England in 1817.
Late life
Bent was appointed chief justice of GrenadaGrenada
Grenada is an island country and Commonwealth Realm consisting of the island of Grenada and six smaller islands at the southern end of the Grenadines in the southeastern Caribbean Sea...
from 1820–1833 (where he was twice suspended), of St Lucia, 1833–1836, and of British Guiana
British Guiana
British Guiana was the name of the British colony on the northern coast of South America, now the independent nation of Guyana.The area was originally settled by the Dutch at the start of the 17th century as the colonies of Essequibo, Demerara, and Berbice...
from 1836 where he died (in Georgetown
Georgetown, Guyana
Georgetown, estimated population 239,227 , is the capital and largest city of Guyana, located in the Demerara-Mahaica region. It is situated on the Atlantic Ocean coast at the mouth of the Demerara River and it was nicknamed 'Garden City of the Caribbean.' Georgetown is located at . The city serves...
), on 29 June 1852.
Bent was difficult and autocratic. His opinions on the employment of ex-convicts in courts are to some extent understandable, but he made no allowance for the differing views of Governor Macquarie and his difficulties.
Commentary on Bent
Murray GleesonMurray Gleeson
Anthony Murray Gleeson AC QC is a former Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:Gleeson was born in Wingham, New South Wales, the eldest of four children...
, Chief Justice of Australia
Chief Justice of Australia
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...
described Bent as follows:
"He is generally regarded, not only as the first judge in New South Wales, but also as the worst. The one thing he had to recommend him was a spirit of independence. He gave an early display of his mettle upon his arrival in Sydney, by refusing to disembark from his ship until the Governor arranged for a proper battery of guns to salute him. He refused to pay the road toll levied on users of Sydney's main road. He said he would be damned if he would pay any illegal tax. He called the gatekeeper a scoundrel, and threatened to put him in gaol. As a result, he was charged with toll evasion, convicted by a magistrate and fined two pounds. There being no Judicial Commission in those days, the matter was left to rest there.
The Court presided over by Judge Bent only ever sat to hear one item of civil business. That was an application by three ex-convict attorneys for admission to practice. The judge, who was at risk of being outvoted by the two magistrates with whom he sat, peremptorily announced that the application was refused, and that he would never preside in a court where ex-convicts were admitted to practice. Soon afterwards he was recalled to England.".