fied. The pretence on the part both of Macquarie and Wentworth that they had not consulted together, and that they had nothing to do with the action of the toll-keepers, was stultifying. It was quite unlikely that the latter would have taken up the matter without some encouragement from high quarters. Bent was not a frequent traveller, and as Macquarie pointed out with scorn, kept no carriage, but usually rode or walked.[1] Pedestrians paid no toll and equestrians only a mite of 3d. Such a loss would scarcely have been sufficient to make ignorant men like the turnpike-keepers enter of their own accord into conflict with an officer of high judicial standing.
The case came on before the police superintendent and was heard ex-parte on the 8th September, and a fine of 40s. was imposed. This was the lowest penalty which the Proclamation of 1811 allowed. Needless to say, Bent did not think of paying it, and Wentworth took no further steps, but simply referred the conduct of the affair to the Governor.[2]
Macquarie at once published an Order in the Gazette in which he referred to the recalcitrant judge, not by name, but as "an officer of very high rank in the Civil Service of this Colony".[3]
The most important part of the Order ran as follows:—
"Whilst the Governor laments that any person should be found in the Colony so wanting in public spirit, as to wish to evade contributing his mite towards the support of so useful and beneficial an establishment for the country and community at large, he cannot allow any person whatever, however high his rank may be, to break through or set at defiance the established regulations of the Colony, and he thus publicly declares that no person whatever can or shall be exempted from paying the tolls in question, excepting those few already specified in the Government Orders." The farmers of the tolls were authorised "to instruct and direct their respective toll-gate keepers to enforce the orders and regulations," and to use force and call the police to their assistance if necessary. The magistrates were enjoined to look to it that this assistance should be efficient.
Bent of course retorted and commented at some length on
