THE EXECUTIVE AND THE JUDICIARY. 221 



In the Governor's Court matters took a different turn. As 

 the procedure there was summary, and suitors were not called 

 upon to employ solicitors, and as the amounts recoverable were 

 below .50, the emancipist attorneys were less eager for admission 

 and did not seek the Governor's intervention. They knew too 

 that the Judge-Advocate was opposed to them, and when the 

 court met after a short postponement on I5th May, there were 

 no petitions for admission brought before it. Associated with 

 Ellis Bent were Richard Brooks and Charles Hook, both respect- 

 able and undistinguished colonists. They agreed at once to 

 the adoption of the rules proposed by the Judge- Advocate, of 

 which the first ran as follows : 



"It is ordered by this court that no person whatsoever who 

 has been struck off the rolls of attorneys of any Court of Justice 

 in any part of His Majesty's dominions for any offence for 

 which such persons are liable by the Laws of England to be 

 transported, shall on any account be admitted to practise as an 

 attorney of this court." l 



The court then proceeded to hear suits brought before it. 

 A month afterwards Macquarie asked for a copy of the Rules 

 and Regulations, "conceiving myself entitled," he wrote, "to 

 such information from you according to the tenor of the new 

 patent ". 2 Since the 22nd of April he had known that the Judge- 

 Advocate concurred in his brother's opinion, 3 and had of course 

 heard of the rule which had been passed in the Governor's 

 Court. 



Ellis Bent sent the copy asked for, but added, " I respectfully 

 beg leave to be understood as by no means admitting a right 

 on the part of your Excellency to controul that court in the 

 adoption of such rules as it may think proper to form as the 

 basis of its practice". 4 



The closing of the Supreme Court created great commotion. 

 The emancipist attorneys proposed to hold a public meeting, 

 and brought a requisition to the Provost-Marshal. But when 

 it was laid before the Governor, he felt that the signatures were 



1 Enclosure to Macquarie's D. 5, 22nd June, 1815. R.O., MS. 



2 Macquarie, D. 5, 1815. See above. 



3 Bent (J. H.) stated the fact on his brother's authority in his letter of 22nd 

 April, 1815. R.O., MS. 



4 Letter to Macquarie, i8th June, 1815. Enclosure, D. 5, 1815. 



