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| term_start2 = 1816
| term_end2 = 1822
| predecessor2 = [[Caesar Colclough (judge)|Caesar Colclough]]
| successor2 = Richard Alexander Tucker
| birth_name = Francis William Forbes
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==Newfoundland==
In 1816 he was invited to be Chief Justice of [[Colony of Newfoundland|Newfoundland]], and was sworn in at [[St. John's, Newfoundland and Labrador|St. John's]] in July, 1816. While in Newfoundland, he severely curtailed the powers of the naval governors. In 1820, he wrote the lyrics of the song "[[The Banks of Newfoundland]]". Poor health and three severe winters forced Forbes to return to London to recuperate in 1822. Rather than return to Newfoundland’s maritime climate, Forbes accepted a position as Chief Justice of New South Wales and Van Diemen’s Land.<ref>{{cite book|last1=Bennett|first1=J
==New South Wales==
[[File:Silver trowel used by Sir Francis Forbes to lay the foundation stone of the Sydney College, 1830.jpg|thumb|left|This trowel was used by the first Chief Justice of NSW, Sir Francis Forbes, to lay the foundation stone of the non-denominational Sydney College on 26 January 1830. The stone was then '...allowed to lie alone like a solitary egg in a deserted nest for 18 months thereafter...' [Dow, 1974]. Sydney College closed in 1847, but was reconstituted as Sydney Grammar School in 1857.<ref>{{cite web |title=Silver trowel used by Sir Francis Forbes to lay the foundation stone of the Sydney College, 1830 |url=http://acmssearch.sl.nsw.gov.au/search/itemDetailPaged.cgi?itemID=446675 |publisher=State Library of NSW |access-date=18 January 2019}}</ref>]]
In 1822, he was appointed to be Chief Justice of the Supreme Court of [[Colony of New South Wales|New South Wales]], to oversee the reform of the administration of the legal system in the colony, following the inquiry into the colony's affairs by commissioner [[John Bigge]].<ref name="2nd report">{{cite book |last1=John Thomas |first1=Bigge |title=Report of the Commissioner of Inquiry on the judicial establishments of New South Wales and Van Diemen's Land |year=1823 |url=https://books.google.com/books?id=9rFbAAAAQAAJ&pg=RA3-PA3 |work=House of Lords Sessional papers 1801-1833 Vol 152 |ref=CITEREFBigge 2nd Report (1923) |access-date=11 June 2019 |archive-url=https://web.archive.org/web/20190225162349/https://books.google.com.au/books?id=9rFbAAAAQAAJ&pg=RA3-PA3
Forbes arrived in [[Sydney]] in March 1824 and the Court commenced on 17 May 1824. The Governor, [[Thomas Brisbane|Sir Thomas Brisbane]], was impressed by Forbes, and in his dispatches of 1 July and 12 August 1824 reported that "since the arrival of the chief justice the state of the Colony has assumed a new tone". Forbes had no difficulties with Brisbane, but it was not long before he came into conflict with the new governor, [[Ralph Darling|Sir Ralph Darling]]. It was proposed to pass acts for the purpose of restraining the liberty of the press, and Forbes refused to certify them as he considered them repugnant to the laws of England. He pointed out how necessary it was to go carefully, as in the then conditions of the colony the people looked upon the Supreme Court as their protection against absolute power. "I had been appointed by Parliament", said Forbes, "to see that the laws of the Empire were not encroached upon ... I refused to certify the Governor's Bills because I thought them repugnant to law ... What legal right could the Governor claim to press me further?".<ref>{{cite web|last1=Forbes|first1=Francis|title=correspondence mainly relating to cases of libel and freedom of the press|url=http://acmssearch.sl.nsw.gov.au/search/itemDetailPaged.cgi?itemID=201964|website
Forbes also championed the introduction of trial by jury in NSW. On 14 October 1824, in the [[Court of quarter sessions|court of Quarter Sessions]] (so named because they met four times per year), 12 men who had not been convicts were sworn in as the first jurors. There was intense opposition from the magistrates to this initiative as they had formerly ruled on all the criminal trials in these courts.<ref>{{cite journal|title=The empire : Sydney journal of news, politics and commerce.|journal=Empire (Sydney)|date=25 September 1866|url=https://primo-slnsw.hosted.exlibrisgroup.com/primo-explore/fulldisplay?docid=SLNSW_ALMA21144822510002626&context=L&vid=SLNSW&search_scope=EEA&tab=default_tab&lang=en_US|accessdate=1 February 2017}}</ref>
Forbes was also a strong advocate for free education. In 1830 he laid the foundation stone for the non-denominational Sydney College (now [[Sydney Grammar School]]), having spent the previous five years chairing the committee for its establishment. He remained as chairman of the board of trustees when the school finally opened in 1835 in [[College Street, Sydney|College Street]] near [[Hyde Park, Sydney|Hyde Park]].
==Later life==
Forbes' heavy workload and conflict with Governor Darling led him to take 12 months sick leave in 1836-37. While supposedly convalescing in England, Forbes agreed to give evidence at the Molesworth Committee on Transportation. This committee was reviewing the transportation of convicts to the Australian colonies. He spoke forcefully against the practice of internal transportation, whereby convicts who misbehaved were sent to secondary prisons such as Norfolk Island. While not directly opposing the convict system, he tried to argue for a more humane and less harsh method of punishment.
Early in 1837, Forbes' received the news that he would be given a knighthood. After recovering from two bouts of influenza, he made it to [[St James Palace]] on 5 April 1837 to be dubbed by [[King William IV]]. Francis Forbes, the boy from Bermuda with a rich Scottish heritage and a passion for justice returned to Australia as Sir Francis Forbes.
Given all this activity, it is not surprising that the time Forbes spent on sick leave in England did not help him regain his strength. He even tried ‘taking the waters’ at a variety of spa resorts in France and Italy, but to no avail. He felt like he was "sinking under the weight" of his office and his hand shook as he tried to write his resignation letter.<ref name="Manuscript">{{cite web|last1=Forbes|first1=Francis|title=Francis Forbes - Appointments, correspondence &c., ca. 1810-1875|url=http://acmssearch.sl.nsw.gov.au/search/itemDetailPaged.cgi?itemID=431511|website
After spending time in England and Europe, he admitted that his "nerves [were] so shattered as to affect my powers of mind as well as body". He retired as Chief Justice of New South Wales on 1 July 1837.<ref name="ADB">{{cite AuDB|last1=Currey|first1=C.H.|title=Forbes, Sir Francis (1784–1841)|id2=forbes-sir-francis-2052|accessdate=1 February 2017}}</ref> His dream of a comfortable retirement at ‘Edinglassie’, a rural retreat he built on his property in the Nepean, was never realised as he needed to be close to his doctors.<ref>{{cite web|last1=Martens|first1=Conrad|title=View of Edinglassie (Watercolour)|url=http://acmssearch.sl.nsw.gov.au/search/itemDetailPaged.cgi?itemID=404680|website
Forbes died in a rented house, "Leitrim Lodge", in [[Newtown, New South Wales]], on 8 November 1841. He was only 57 years old. He was survived by his mother, his wife – Lady Amelia, and their two sons who were studying at Cambridge in England.<ref name="ADB"/>
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:*[http://www.austlii.edu.au/au/other/NSWSupC/ Superior Courts of New South Wales (pre-1900) Case Notes ]
*[http://www.forbessociety.org.au Francis Forbes Society for Australian Legal History] {{Webarchive|url=https://web.archive.org/web/20081017102112/http://www.forbessociety.org.au/ |date=17 October 2008 }}
* [https://onesearch.slq.qld.gov.au/permalink/61SLQ_INST/tqqf2h/alma99183959420902061 Colonial Secretary's papers 1822-1877], [[State Library of Queensland]]- includes digitised letters written by Forbes to the [[Colonial Secretary of New South Wales]]
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[[Category:19th-century Australian politicians]]
[[Category:Bermudian lawyers]]
[[Category:Bermudian emigrants to Australia]]
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