s no appeal to law;
and the sole actors were the governor and the gaoler. A process so
simple was no longer to be tolerated: the public were alarmed.[103] The
assumption of magisterial powers was not compatible with the office of
the governor; but to authorise the flagellation of free men without
trial, for a perhaps innocent trespass, was both dangerous and unjust.

This was, perhaps, the last instance of such extravagant despotism, and
it exposed Macquarie to much inquietude during his life. That a person
so humane in his general character should forget the precautions due in
equity and in law, and punish arbitrarily for imaginary offences, proved
that no power is safely bestowed, unless its objects and extent are
minutely defined.

The civil, called the "Governor's Court," was instituted by George III.
in virtue of his prerogative. It consisted of the judge advocate, and
two inhabitants chosen by the governor: it was empowered to decide in a
summary manner all pleas in relation to property and contracts, and it
granted probates of wills.

When convicts contracted pecuniary obligations, the governor specially
withdrew them from liability to arrest; and told the creditors that in
trusting these debtors their opinion of their honesty must be their sole
guarantee: government could not spare "the servants of the public" from
their toils to answer the plaints of suitors.[104]

From its decisions, a cause could be carried to the governor; and in
sums exceeding L300, to the king in council.

Though unsanctioned by an act of parliament, this court departed widely
from the practice of England. Its authority was keenly disputed by
Bentham; and Commissioner Bigge, in stating its origin and operation,
hints a similar doubt.[105]

Undisturbed by objections the crown, by the patents and commissions of
1814, separated the criminal jurisdiction from the civil, and created a
supreme court, which adopted the English practice. By the new patent, an
appeal was permitted from the supreme court to the "High Court of
Appeals," consisting of the governor and the judge advocate; and, except
when L3,000 were in issue, his judgment was final![106] To both these
tribunals the Tasmanians were amenable; but in civil cases the
appointment (1814) of a local court under the deputy judge advocate,
terminated the absolute dependence on Port Jackson for judicial relief.
Plaints for debts not exceeding L50 were entertained by this court, and
credi