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Alured Tasker Faunce
of Brisbane Water & Queanbeyan


1833 portrait by Richard Reed
 
       Alured Tasker Faunce (1807-1856) arrived in Sydney on 9 Oct 1832 on the Lord William Bentinck with the 4th Regiment of Foot escorting 185 male prisoners most of whom were discharged at Hobart before the vessel came on to Sydney 1. His given name of Alured is an Old English form of Alfred but the origin of his Faunce surname, that traces back to the 16th century in Kent in England, is uncertain 31. He was the eldest son of Alured Dodsworth Faunce C.B. (1775-1850) and Anna Maria Godard and main beneficiary of his father's will. His father was the Lieutenant Colonel in command of the regiment from 1822 to Feb 1832 and from 1841 a Major-General 2. Alured's commission as a Lieutenant in the regiment was purchased in Dec 1824 when he was seventeen years of age and at the time of arrival in Sydney he held that rank and was the Adjutant. His younger brother Thomas, whose Lieutenant's commission in the regiment was purchased early in 1832, arrived in Sydney a week after him on 16 Oct 1832 on the Dunvegan Castle.
         During the September quarter of 1834 Alured purchased a Captain's commission 3 and on 27 Jan. 1835 in St. Luke's Church of England at Liverpool married 18 year-old Elizabeth Mackenzie 4, a daughter of Lieutenant Colonel John Kenneth Mackenzie who in command of the 4th regiment arrived in Sydney on 27 August 1832 on the Clyde with his wife, four sons and five daughters. Mackenzie was promoted to that rank without purchase on 24 Feb 1832 and took over command of the regiment in England from Alured's father. He retired on 11 July 1834 and settled on a property at Braidwood in the Monaro Valley about 100 kilometres from the present-day federal capital city of Canberra.
         Between 1836 and 1855 Alured and Elizabeth had eleven children 26. Before the marriage Alured also had an illegitimate daughter Jessie Gordon whose mother Caroline Gordon arrived in the colony with her parents in 1817 5. Caroline was the eldest daughter of Ann Gordon, who from 1827 to 1836 was the matron in charge of the Parramatta Female Factory where unassigned convict women were held after arrival in Sydney and women convicted of crimes in the colony, and Robert Gordon who was a private in the 48th regiment until he bought himself out of the army in 1824 at the time the regiment departed for India. Jessie was baptised on 10 Nov 1833 in the same St. Luke's church at Liverpool where 15 months later Alured married Elizabeth Mackenzie and where their first child Charlotte was baptised on 5 Jul 1836. She had only one child Oscar Henry who drowned in 1867 at eight years of age in the Hunter River at Maitland so there are no descendants.

Brisbane Water

         Alured Faunce retired from the army in 1836 at 29 years of age and sold his commission in April 1837 6. Shortly after his retirement the Governor of the colony Sir Richard Bourke appointed him, effective from 1 Oct 1836 at an annual salary of £250, as the Police Magistrate at Brisbane Water (first settled in 1823) replacing that district's first Police Magistrate Jonathan Warner, who was initially appointed as Visiting Police Magistrate for the Brisbane Water district by notice in the Govt. Gazette dated 22 Jan 1833, and resigned in August 1836 only nine months after his appointment as the full-time Police Magistrate there was gazetted 29. In 1836 the district had a total white population of 621 of whom 459 were non-convict including 246 males aged over 12 years 9. Before the arrival of the first Police Magistrate it had been administered by a Justice of the Peace who was a local landowner acting as an unpaid magistrate with police constables acting under his instructions 7, 8.
         Within a few months of taking up the appointment Faunce became a person of considerable notoriety in the colony of New South Wales. Such arose from erroneous decisions he made as Police Magistrate, when instead of comprehending there was insufficient evidence of furtive behavior to found a felony charge re a dead cow named "Blindberry" and, accordingly dismissing allegations made as being a long standing civil dispute over its ownership and thus a matter outside his jurisdiction and in law correctly a matter for resolution by way of an application by the aggrieved party to the Court of Requests, he instead committed for trial in the Supreme Court of NSW three persons on charges of cattle stealing. One was Willoughby Bean who had been the largest landowner in the district and the person who as a Justice of the Peace and Magistrate had administered the Brisbane Water district for most of the decade before the appointment of the first Police Magistrate. He later took an MA in England and became a Church of England clergyman in Victoria. Another was Henry Donnison J.P. who at that time was the only other magistrate within 50 miles. Faunce held the three for varying periods as prisoners in the local lockup secured in leg-irons before sending them to Sydney to stand trial.
         The ensuing collection of criminal and civil court cases in 1837 and 1838, instigated by or involving the three persons committed by Faunce, are collectively known as the "The Brisbane Water cases" and were reported in great detail by the Sydney newspapers of the day. Following determination of the felony charges by not guilty verdicts all three successfully sued Alured Faunce for illegal acts in their committal process and for their subsequent without proper reason incarceration in leg-irons etc. They were awarded damages respectively of £300, £350 and £250 and total costs of £450. In all the cases Faunce was represented without cost by Crown law officers who included the Attorney-General. One of the cases was Bean v Faunce and another Donnison v Faunce. A subsequent plea by Faunce to the Governor Sir Richard Bourke followed by two more in 1838 and 1840 to the Secretary of State for Colonies in England, for relief from the combined damages and costs amounting to £1350 awarded against him for acts done whilst in the employ of the government, fell upon deaf ears with unbeknown to Faunce in the case of his 1840 plea then NSW Governor Sir George Gipps strongly recommending to England that no reimbursement be granted 10, 11. Thus Alured Faunce had to personally meet the full amounts awarded. He also had to meet his and the plaintiff's costs in another legal action taken against him by one of the three that was settled out of court with him publicly apologising and acknowledging on 21 April 1838 in a newspaper advertisment he had erred - for the case see Moore v Faunce.
         In newspaper reporting and editorial comment on the cases Faunce was referred to as incompetent and an imbecile etc. and a call was made for him to be required to personally meet the damages awarded against him and for his removal by the Governor from Brisbane Water to a distant district. On 26 Oct 1837 the Sydney Gazette referred to him as a "holiday military captain" and said he must be either "the victim of extraordinary mental imbecility" or possessed of a "depraved state of feeling". Continuing its campaign on 11 Nov 1837 the same newspaper branded him "a man who has rendered himself so notorious for magisterial delinquency and mental incapacity". In March the next year Alured Faunce sued the publisher of the Sydney Gazette on two counts for defamatory libels and sought £3000 damages. In summing up to the Jury the Supreme Court Judge said the question for it to determine was - did the newspaper articles complained of fairly, freely, and candidly criticise the conduct of Alured Faunce? After a mere three quarters of an hour retirement the Jury found for the newspaper publisher on the first count, and on the second for the plaintiff, awarding him the smallest possible sum in damages of ONE FARTHING! - see the online case report Faunce v Cavenagh, and for publications on the Brisbane Water cases see footnote 12.

Queanbeyan Years

        In response to the newspaper campaign, and before Faunce instigated his ill-advised libel action against the newspaper publisher, he was replaced effective from late 1837 by Governor Bourke as the police magistrate at Brisbane Water by Alfred Holden the brother of George Kenyon Holden who from 1833 to October 1937 was the Governor's private secretary, and transferred to a newly created position as Police Magistrate at Queanbeyan 13. He thus became the first Police Magistrate at Queanbeyan. By sending him to such a remote outpost Governor Bourke was seemingly giving him a chance to make a second start.
        Faunce remained in the position of Police Magistrate at Queanbeyan until 1842 when the position was abolished due to budgetary constraints imposed by the non-elected Legislative Council 14. Subsequently through until at least 1848 his name appeared on a list forwarded each January by the Governor of the colony to the Secretary of State for Colonies in England of persons who had lost positions as police magistrates through no fault of their own and were considered suitable for re-employment should the occasion arise 15. However he failed to secure government employment again during his lifetime. During the 1840s the use of paid police magistrates became a political issue, with the large landowner dominated Legislative Council taking the view that Justices of the Peace acting as unpaid magistrates could cope with a resulting saving to the public purse. The number of rural police magistrates was progressively reduced from twenty-seven to a mere seven. It was not until NSW gained responsible government in 1856 that police magistrate numbers began to increase and the position of Police Magistrate at Queanbeyan was re-established with the appointment in 1857 of Charles E. Newcombe 16, 17. By then Alured Faunce was dead.
        His five years as the Police Magistrate at Queanbeyan were not without controversy which would not have endeared him to the Governor Sir George Gipps as evidenced by Gipps recommending he be given no reimbursement of the damages and costs he incurred resulting from the Brisbane Water cases. Several proposals he put to the Governor for public works such as road building were turned down on grounds of being extravagances etc. In early 1840 complaints to the Governor about the administration of justice in the area, such as that half the prisoners committed there between 14 June and the end of December 1839 had escaped, were seized upon by the Faunce's old adversary the Sydney press who demanded corrective action be taken by the Governor 18. Such resulted in the appointment on 15 Apr 1840 of two Commissioners, Charles Windeyer and Samuel North, to investigate and report. They commenced closed hearings in Queanbeyan on 18 May 1840 and continued daily until 3 June when no further witnesses remained to be heard. On 11 June they reported that of nine specific and three general accusations against Captain Faunce only one had been founded in truth - that he had not personally superintended floggings he had ordered. So he was virtually exonerated on all charges, so much so that when it published the full report one newspaper editor commented - "On the whole we can congratulate Capt. Faunce on the result of the inquiry". In the same edition, as well as in the other principal newspaper of colony, there appeared a copy of an address to him that had accompanied an inscribed piece of silver plate with which he had been presented. The address stated it had been signed by most of the residents of the Queanbeyan district and expressed the signers high opinion of Faunce's "public character" 19, 20.
        In 1843, when district councils first came into existence in the colony twelve names including Faunce's were submitted to Governor Gipps to select from to form a seven member Queanbeyan Council. However Gipps ignored Faunce for membership, despite one of those on the list whom Gipps sounded out as to his willingness to preside as the Council Warden, in declining the position for himself recommending Faunce as suitable for the position due to the distinguishing qualities he had displayed on the bench of "courtesy and evenness of temper" 21. Two years later in 1845 the Governor, who was to leave the colony in July 1846 and die in England 7 months later, must have relented as the appointment was gazetted on 20 May 1845 of Faunce and another as Councillors for the District of Queanbeyan to fill vacancies and both were reappointed in the Govt. Gazette of 7 July 1849 to hold that office until 1 May 1852. In the Gazette of 21 Sep 1849 he was appointed the district's Commissioner for Crown Lands and in the gazette of 5 Dec 1851 was one of three at Queanbeyan appointed as Commissioners of the Supreme Court for the taking of affidavits and bail, and examination of witnesses.
        Shortly after his transfer to Queanbeyan Faunce purchased for £202 10 shillings at a crown auction held on 14 Feb 1838 Lot 87 of 810 acres (5/- per acre) adjoining the southern side of the town reserve along whose boundary is today located Dodsworth Street that he named ‘Dodsworth’. In the same issue of the NSW Govt. Gazette he was also listed as purchasing at the auction for £253, also at 5/- per acre, Lot 142 of 1012 acres at Windellama in the parish of Yarralaw in the County of Argyle located in a staight line about 68 kilometers NE of Queanberyan and 33 kilometers SW of Goulburn. In respect of both purchases totalling £455 10 shillings the notice stated the purchase price had been received. In 1940 the Govt. Gazette listed the issue on 30 May 1840 of a deed for 1090 acres in the parish of Cullulla in the County of Argyle adjoining the southern boundary of the 1012 acres in Yarralaw, categorised as a without competion retired officers purchase under the regulations of 16 Feb 1835 for which he would have been allowed a £150 remission of the purchase money due to his rank of captain at retirement in 1836 and 12 years army service, and in respect of which there was a mandatory two-year delay for deed issue. Thus it would have been purchased about the same time as the adjoining 1012 acre portion making an aggregation of 2102 acres with a 4 kilometre frontage to Windellama Creek and in the northern portion, that in 2012 remained unsubdivided, a double frontage to Buburba Creek 28. Alured Faunce is considered to have been the second person to own land in the district 30.
        Perhaps the 2102 acre pastoral holding in the County of Argyle was sold following the loss in 1842 of the position as the Police Magistrate at Queanbeyan and the "nipping frost" of the depression in the colony that reached its height in mid-1843 and reduced the financial standing of so many with between 1842 and 1844 one in one hundred of the population having their estate sequested under the insolvency laws? The land purchases, only two months before the insertion of the Moore case settlement apology in the Sydney Gazette newspaper of 21 April 1838, indicate the claim in that issue he was about to resign as Police Magistrate at Queanbeyan and return to England had no substance. It may have even been a case of the editor mischievously taking the opportunity afforded by the apology to continue the paper's campaign against him directed at bringing about the scenario it foreshadowed !
        Alured and Elizabeth's second child Anna Maria was born at Queanbeyan on 30 Nov 1838 but died two months later on 29 Jan 1839. This was before the Riverside Cemetery was opened and her memorial stone is the oldest in Queanbeyan. That same year 1839 Alured built on the ‘Dodsworth’ property a palatial home by the standards then applying in the area, in which his widow Elizabeth who outlived six of her eleven children and died in 1902, remained residing until 1870 27. The earliest available statistics for the area are for 1842-43. They show the Queanbeyan district then had a water-powered flour mill. It was perhaps the water-powered mill Faunce built on the ‘Dodsworth’ property that was later converted to steam and over the years had several lessees until it burnt down in 1881. In the early 1850s, in partnership with a local shopkeeper, Faunce investigated mineral deposits on ‘Dodsworth’ in an area that became known as Primrose Valley that were later mined. The Dodsworth name is perpetuated today in the name of the precinct/suburb in Queanbeyan that incorporates much of Faunce's original 810 acres. In 2003 the land on which the 1839 built house stood until the 1960s formed part of the Queanbeyan Golf Club 22.

Death

         Alured Faunce died at Queanbeyan at 5 o'clock on 26 April 1856 aged 48 years, whilst playing the game of cricket he is credited with being instrumental in introducing to the area, and is buried in Queanbeyan Riverside Cemetery in Queanbeyan where sons who died aged 14 and 15 are also buried. A newspaper reported that as a member of the town team he had been bowling and, while in the act of picking up the ball and hitting the wicket, suddenly fell dead upon the green so instantaneously that according to all present he never moved a hand or foot 23, 24. After his death a public subscription limited to ten shillings ($1.00) per person was taken to erect a tablet in his memory which is assumed to have been the one installed in Christ Church where he worshipped 22. In 2003 there was a project named ‘the 12 Apostles’ directed at erecting twelve bronze sculptures in Queanbeyan to commemorate six selected men and six women pioneers of the district. The aim was to tell the story of the Queanbeyan district before Canberra was chosen as the site of the Federal Capital. Alured Faunce was one of the chosen twelve and it was proposed to erect the sculpture commemorating him on the once Market Reserve, now Elizabeth Park, opposite to where he chased bushrangers after they had robbed Grey's store and where he died whilst playing cricket 25§

SOURCES
1   Sydney Gazette, 9 Oct 1832 - of 443 tons, left Portsmouth 7 May 1832, arrived Sydney 7th Oct. (landed 9th). Pay Lists & Muster Rolls for period from 1 Apr 1832 to 30 Sep 1832, 4th Regiment, (AJCP WO 12 films) reel #3697.
2   1826 British Army Lists (microfilm)
3   Pay Lists & Muster Rolls for Qtr. ended 30 Sep 1834, 4th Regiment, (AJCP WO 12 films) reel #3698.
4   NSW BDM Indexes V1835-1209-19 &  NSW Registers of Baptisms, Burials & Marriages - AONSW reel #5004
5   NSW BDM Index, V1833-378-17 & Registers of Births, Burials & Marriages (AONSW) film reel # 5004. The father of Jessie Gordon was recorded in the church parish baptism book as Alured Fonce - "Fonce" being a phonetic rendering of Faunce.
6    Pay Lists and Muster Roll for Qtr. ended 31 Mar. 1838 - 4th Regiment, (AJCP WO 12 films reel #3699) -  T. M. Chambers appointed Captain by purchase from Alured Faunce effective 7 Apr. 1837. See also 4th Reg't. Pay & Muster Roll for June Qtr. 1837 for Depot at Chatham, England that recorded - Thomas M. Chambers was promoted to Captain by purchase vice Faunce Alured 7 Apr 1837 and embarked for NSW on 13 May 1837.
      Note:- various accounts incorrectly state Alured Faunce was forced to sell his army commission to pay the costs and damages awarded against him in the Brisbane Water cases. However the sale of his commission effective from 7 Apr 1837 and, the departure from England of its purchaser for the colony six weeks later, could only have been achieved if Faunce wrote to England to put the sale in hand almost immediately upon his effective from 1 Oct 1836 appointment as Police Magistrate at Brisbane Water - some nine months before the first of the damages cases came before the Supreme Court!

7    Charles Swancott, The Brisbane Water Story, Parts 1 to 4  (1953), Part 1, p. 28, 30
8    New South Wales Government Gazette, issue date 28 Sep 1836 - by notice dated 26 Sep 1836 appointed 1 Oct 1836.
9    Swancott, Part 1, p. 28 - from a 1836 census of Brisbane Water
10  Swancott, Part 4, p. 91
11  Historical Records of Australia,  Series 1 : Governors despatches to and from England, (Comm. Gov't. 1924), Vol. 21, pp. 73-78, 372. Includes the text of the second Faunce memorial addressed to the Marquis of Normanby, Principal Secretary of State for the Colonies. The first appeal for out of pocket costs was refused by Lord Glenelg, and the second dated 13 Oct 1840 was refused by Lord John Russell in a dispatch to Governor Sir George Gipps dated 26 May 1841. Russell refused to vary the decision of his predecessor Glenelg on the ground the earlier decision was made with "a full knowledge of all the material facts". In respect of the 2nd application, in a despatch to Lord Russell dated 16 Nov 1840 Gipps recommended strongly against any reinbursement. Thus the matter was ended. All up the 1837 & 1838 cases arising from his autocratic actions at Brisbane Water would have cost Alured Faunce at the least £1500 - which equated to the total salary he received @ £250 P.A. during the approx. six years he was a NSW Police Magistrate - comprised of one year at Brisbane Water followed by five at Queanbeyan.
12  Henry Donnison, The Brisbane Water cases : being a narrative of the trials of Mr. Bean, Mr. Donnison and Mr. Moore, and their ..... actions against Captain Faunce; .... with remarks on the government of Sir Richard Bourke ... by one of the party, (Sydney, 1838) of 89 pages. See also: The Brisbane Water case 1837-8, P.E. Tabuteau (ed.), Gosford District Local History Study Group, Narara, N.S.W., c1989 of 325 pages - incorporates the above cited 1838 Donnison publication.
     Note:  URL addresses change from time to time - the herein corporated links to the Bean, Donnison, Moore & Cavenagh case reports are as they were at Sep 2012 in a series titled "Decisions of the Superior Counts of New South Wales 1788-1899" accessed from the Macquarie University in Sydney Faculty of Arts home page at a "Colonial Case Law" tab - see:
http://www.law.mq.edu.au/research/colonial_case_law/nsw/site/scnsw_home/

13  Ibid, issue date 29 Nov 1837 - appointed by notice dated 28 Nov 1837.
14  Historical Records of Australia,  Series 1, Vol. 23, p. 276 - Sir George Gipps to Lord Stanley dated 31 Dec 1843 - re police magistrates displaced post 1 Jan 1842, including five displaced at end of 1842. One of those displaced post 1 Jan 1842 was the police magistrate at Queanbeyan. Six more police magistrates were to lose their jobs on 1 Jan 1844.
15  Ibid, Vol. 26 - Governor's despatch dated 9 Jan 1848 (his name appeared on similar annual lists from Jan 1843)
16  Hilary Golder, Magistrate Records in New South Wales, 1788-1945, (1992, R.A.H.S. Technical Information Series #30).
17  Errol Lea-Scarlett, Queanbeyan District and People, (Queanbeyan Municipal Council, 1968), p. 101.
18  An example of complaints against Faunce, for alleged poor administration of justice in Queanbeyan, was a letter in The Sydney Herald Supplement of 9 Mar 1840. It detailed several instances where floggings ordered by the bench had not been carried out in full by the constables, such as 100 lashes ordered and only 75 given, and claimed in the last few months two thirds of culprits committed for felony had "been allowed to escape by drunken and imbecile constables". The editor of the newspaper demanded "immediate attention" by the Governor who responded a few weeks later by appointing the two man Commission of Inquiry.
19  Report of the Commission of Inquiry into Administration of Justice at Queanbeyan, 11 June 1840 (AONSW 4/2507) - also published in  The Australian newspaper of 22 Aug 1840. Editorial comment and analysis of the Commission's report appeared in the next issue of the same newspaper on 25 Aug 1840.
20 
Errol Lea-Scarlett, Queanbeyan District and People, (Queanbeyan Municipal Council, 1968), p. 30.
21  Ibid p. 102. - on 3 Aug 1843 George Campbell of Queanbeyan wrote to the Governor acknowledging and declining an offer of the office of Warden of the district council as follows: -"I take the opportunity to add that my opinion the courtesy and evenness of temper which distinquished Captain Faunce as our Police Magistrate would enable him to preside with much advantage over the District Council".
22  Rex Cross & Bert Sheedy, Queanbeyan Pioneers - First Study (Queanbeyan Books & Prints, 1983),   pp. 216-218.
23  Captain Alured Tasker Faunce of Queanbeyan 1837-1856 and Rev. Canon Alured Dodsworth Faunce of Queanbeyan and Yass 1840-1910,  9 pages, by Dr. Marcus Delaune Faunce (Canberra & District Historical Society, 1962)
24  The Sydney Herald, 3 May 1856,  Deaths - Very suddenly, at Queanbeyan, on Saturday, the 26th April, in the forty-eighth year of his age, Alured Tasker Faunce, formerly Captain of her Majesty's Fourth Regiment, or King's Own. Eldest son of the Late Major-General Faunce, CB, of Clifton, near Bristol, England.
25  Email dated 9 Dec 2003 from Connie-Colleen of the Queanbeyan 12 Apostles HAPI Project Committee advising details of a proposed "Queanbeyan 66 Pioneers" book and associated "12 Apostles" commemorative sculptures project (Note: as at 2012 this project had not proceeded further than the erection of the first of the proposed memorials).
26  The 11 children in birth order were as follows:- Charlotte (1836-1913) Ryrie; Anna Maria (1838-1839); Alured Dodsworth (1840-1910); Ellen Eliza (1842-1902) Ryrie; Maria Elizabeth (1844-1852); Granville (1845-1859); Thomas Tasker (1847-1930); Kenneth McKenzie (1847-1917); Arthur Barrell (1851-1934); Edmund Barrell (1854-1889); Richard Alma (1855-1871).
27 opt cit.  Rex Cross & Bert Sheedy - gave 1870 as the year Elizabeth Faunce left ‘Dodsworth’. On 8 Sep 1872 The Maitland Mercury, reporting on a accident in Queanbeyan, mentioned ‘Dodsworth’ was the residence of Samuel Taylor. When Taylor died in 1909 his obituary mentioned he settled in the Queanbeyan district in 1852 and resided at ‘Dodsworth’ "for a while" before moving to Wanna Wanna. An advert. in the Qu. Age on 8 Sep 1909 gave A. Trewenack as the then owner.
      In respect of Elizabeth's departure the authors Cross & Sheedy at p. 189 wrote - "On Dodsworth there was a steam-mill which Mrs Faunce tried to make successful with the aid of her brother, John Mackenzie, but she was finally obliged to abandon the attempt and lease it out. Before she left Dodsworth in 1870 she faced dual trials in the failure of the mill and the necessity of selling many household treasures including the prized Collard piano." At page 217 re ‘Dodsworth’ it was stated "In later years Captain Faunce added a portion of land bounded by Queanbeyan River and Isabella Street to his Dodsworth Estate. It was purchased by Judge Callaghan in 1862 on which he built his home. Today (Ed. i.e. 1983) the site is occupied by both the old cottage and St Benedict's Convent." On 15 Aug 1871 the Sydney Morning Herald, reporting the death of the "youngest son of the late Captain Faunce of Dodsworth" Richard Alma from rheumatic fever, gave his place of death only as Queanbeyan.

28 The purchase of ‘Dodsworth’ of 810 acres in the County of Murray at an auction of crown land held on 14 Feb 1838 was gazetted in the NSW Govt. Gazette of 11 Apr 1838. In the same issue was also gazetted a purchase at the auction of 1012 acres in the adjoining County of Argyle. The issue of a deed dated 30 May 1840 was listed on page 1289 in Govt. Gazette of 28 Nov 1840 for 1090 acres in the County of Argyle - being designated a retired officers purchase under the regulations of 16 Feb 1835. On 2 Jan 1838 a purchase by Faunce of 25 acres for £40 in the County of Northumberland (Brisbane Water was located in that county) was gazetted, and on 6 Feb 1849 were gazetted pre-emptive leases near Queanbeyan of two parcels each of 640 acres and 960 acres for which the pre-emptive right would have arisen from Faunce's earlier 810 acre ‘Dodsworth’ purchase.
29 The Sydney Gazette 27 Aug 1836 - Brisbane Water (from a corrrespondent.)
     From a petition which is going around the district of Brisbane Water, it appears the present Police Magistrate, Jonathon Warner Esq. J.P. has resigned the office, and that a certain induvidual well known to our Sydney Merchants, and the Supreme Court Baliffs, whose name is retained in the commission, is using his influence with the inhabitants, who are all such settlers, to effect if possible the re-appointment of an ex J.P. of Darling's.
     As Brisbane Water, though not very populous, is the middle station between the Hunter and Sydney, and a place of continual traffic in timber, shingles, shells, lime, and various produce - numerous sawyers, shingles splitters, and boatmen, besides runaways FREE as well as bond, congregating there - it is to be hoped His Excellency will have authentic information as to the competency of Mr. Warner's successor.
     The district unfortunately has few respectable residents, and the selection of a Police Magistrate, if from the quarter itself, must be made notoriously disqualified, both by their character and conduct ; or from others, whose education and habits would also incapacitate them for so important an office.
      The readers of the Sydney Journals, no doubt remember the numerous instances of manslaughter and deaths, under very suspicious circumstances, which have occurred almost yearly : in how few of them the perpetrators have been brought to justice ! Mr. Warner's presence, and his known reputation, as an active and intelligent magistrate, has had a good effect, but of short duration. His retirement is therefore a matter of regret to several especially as an attempt is in progress to hoodwink His Excellency, and revive an influence which it is known is opposed not only to the interests of justice, but to the moral condition of civilized man.
     If Mr. Warner has resigned, we regret to hear it, as a more zealous, honest, and efficient Magistrate was not to be met with in any part of the Colony. The office of Police Magistrate involves very peculiar and onerous duties. We hope sufficient inducements will be held out by the Goverment to Mr. W. to continue in office.

30 Windellama News, Vol. 16, No. 5 June 2012, article by Tom Bryant of the Windellama Historical Society Inc. titled "The Discovery of Windellama" - The Alured Faunce 2102 acre purchase at Windellama took place only 20 years after a white man first set foot in the district in 1818, and he is believed to have been the second landowner in the district after Joseph Inch at Jacqua who was listed there in the 1828 census and 1832 postal directory. It was said on 2 April 1818 an exploration party, comprising James Meehan, Hamiltion Hume and several other men, crossed Windellama Creek where Buburba Creek joins it on the Faunce land and camped the night near the junction before setting out the next day in a westerly direction to reach Lake Bathhurst. This was two years before a white man crossed the site of Goulburn, as whilst on the return journey to Sydney the party passed quite close to the Goulburn area, it did nor actually set foot on the site of the Goulburn of today. (references in the article were - James Meehan’s Journal 1818 & RAHS Journal Vol. VII Part V, 1921).
31 Alan Delaune Faunce, A family that went out to the world : the story of the Faunces of Kent (1993) - an upublished 114 page narrative tracing the Faunces of Cliffe in Kent through four hundred years and fourteen generations. The following is a précis from the narrative re the origin of the Faunce surname:
    The surname may have come from ‘fens’ or ‘fans’ (Old English) meaning a marshy place or ‘fons’ or ‘font’ (Norman-French) meaning a spring or fountain. Nothing in the narrative supports a claim noted in some writings and on web pages that the Faunces were Huguenot émigrés. Huguenot's fleeing religious persecution in France did arrive on the Kent coast during the reign of Edward VI (1547-1553), who granted the many who settled in Canterbury the whole of the western crypt of Canterbury Cathedral for worship, but there is no record to establish the Faunces who settled in that time frame at Cliffe in Kent and then in Rochester were Huguenot's. It seems likely the claim they were arose from the 1758 joining in marriage of Mary Faunce (1738-1839) with the Delaune family of Sharstead Court near Newnham in Kent who came to England in the late 16th century and whose origins were Huguenot. It was though Mary that Sharstead came into the possession of Faunce family where it remained until 1949.
    Medieval records list a variety of spellings such as Fawns, Founs, Fance etc. that may have evolved into Faunce. Suggested in the narrative is that a Faunce may have crossed the Channel with the Norman conquerors but that such can only be speculation as the ancestors of 20th century Faunces can be traced with certainty only to the 16th century. Towards the end of the 15th century Rochester Consistory Court registered the will of a Simon le Fawnce of Gravesend and, according to Burke's Landed Gentry, a Faunce first settled in Kent during the reign of Edward VI (1547-53) and possessed estates in Rochester, Cliffe and other parishes. The Australian family traces back in Kent with certainty to the village of Cliffe on Hoo Peninsular near the mouth of the Thames, five miles north of Rochester, where St. Helen’s Church houses the earliest known tangible records of the family in the form of an inscribed board referring to charitable bequests in the 1609 will of Thomas Faunce (1525-1609) and his son Bonham who died in 1652 and brass memorials marking their graves. §


Researched & compiled by J. G. Raymond, Brisbane, Australia
First posted 3 Mar 2001 - last edited 22 Oct 2012