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29-492: Robert Atkyns may refer to: Sir Robert Atkyns (judge) (1621–1707), English judge and baron of the Exchequer Sir Robert Atkyns (topographer) (1647–1711), English antiquary and historian See also [ edit ] Robert Atkins (disambiguation) [REDACTED] Topics referred to by the same term This disambiguation page lists articles about people with

58-472: A vigorous part in this struggle. After 1699 we hear nothing more of him till his death. He spent his later years at Sapperton Hall in Gloucestershire , and died on 18 February 1710, at age 89. Lord Campbell calls him a "virtuous judge," in what was an age of judicial scandals. By his first wife Mary, he had an only son and heir, Sir Robert Atkyns the younger . Mary died in 1680. Sir Robert remarried in

87-472: Is an elaborate review of the authorities, to show that the actions of Parliament, itself the highest court of the nation, were beyond the jurisdiction of inferior courts. Judgment was given against Williams, but in later cases, the decision has been described as disgraceful. The report in the State Trials says that Atkyns took part in the case, and even notices that he had to borrow a wig for the purpose; but in

116-483: Is inconceivable that he could have shared in the passion of the time. The chief civil case in which Atkyns took part during this period was that brought by Sir Samuel Barnardiston against Sir William Soame , the High Sheriff of Suffolk , which led ultimately to the passing of the act 7 & 8 Wm. III, c. 7, declaring it illegal for a sheriff to make a double return in the election of members of parliament. The points of

145-617: Is the Treasurer , a position which is held for one year only. While succession to the post of Treasurer was once dependent purely on seniority (or auncienty ), this is no longer the case. The Treasurer is now elected. Two Readers are also elected each year. Historically, the most junior student barristers were only permitted to watch moot court trials and stood within the bar of the moot courtroom. More qualified barristers (known in England as "outer" or "utter" barristers) were permitted to join

174-535: The House of Commons in 1689, he mentioned several causes for his enforced retirement. His judgment in Barnardiston v. Soame had given offence; he had declared against pensions to parliament men; he had quarrelled with Scroggs about the right to petition; and he had offended North by speaking against the sale of offices. "As to pensions, Lord Clifford took occasion to tell me 'that I had attended diligently in parliament, and

203-601: The Professional Conduct and Complaints Committee). The governing structure of King's Inns dates from the sixteenth century and are composed of "Benchers". Originally, the benchers were composed of the Lord Chancellor, judges and senior barristers. Today, benchers include elected Bar Benchers, Judicial Benchers (includes all judges of the Superior Courts) and Honorary Benchers and they have the power to conferring

232-533: The argument and stood outside the bar. The most senior barristers were permitted to sit on the bench at moots. This third class of barristers became known as "Benchers" or "Masters of the Bench". The practices and regulations vary from Inn to Inn, but the benchers are the ultimate governing body of the relevant Inn. The benchers govern the finances of the Inn, and they alone have the authority to admit students, to call students to

261-644: The bar , and to elect other benchers. Today, the benchers of the four English Inns have common standards agreed with the Bar Council . They have the formal power to discipline members of their Inn by suspending or expelling them from membership of the Inn, and by disbarring them. Disciplinary functions are now shared with the Council of the Inns of Court, the Bar Standards Board and its Complaints Committee (formerly known as

290-406: The case are technical, but it excited keen political interest, and Atkyns's judgment, in which he differed from the majority of the court, marks the beginning of his separation from the party in power (reprinted in his Tracts , and in 6 St. Tr . 1074). In 1679 he retired from the bench in circumstances which lead one to believe that he was practically dismissed. Being questioned before a committee of

319-487: The court of Chancery, and lamenting the uncertainty of the law, he argued from the history of Parliament that the exercise of judicial functions by the Lords was a usurpation. It should be read along with Skinner's case , in which the Lords failed in their attempt to exercise original jurisdiction, and Dr. Shirley's case, in which they maintained their right to an appellate jurisdiction. Atkyns had himself, while in parliament, taken

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348-526: The degree of Barrister-at-Law, suspending or disbarring barristers and dealing with disciplinary matters. The terms bencher and treasurer are in use by the legal profession in Canada . A bencher in the Canadian context is a member of the board of directors of a provincial law society. Most benchers are lawyers, but in some provinces there are also lay benchers who represent the public interest. In some provinces

377-448: The following year Anne Dacres, who died in 1712. His son married in 1669 Louisa-Margaret (Louisonne) Carteret, daughter of Sir George Carteret , and died in 1741 without issue. [REDACTED]  This article incorporates text from a publication now in the public domain :  " Atkyns, Robert (1621-1709) ". Dictionary of National Biography . London: Smith, Elder & Co. 1885–1900. Bencher One member of each Inn

406-400: The inferior courts within their bounds," he renewed Edward Coke 's protest against the insidious encroachments of the court of Chancery , tracing the growth of equitable jurisdiction , and suggesting how the common law might be restored. This was followed a few years afterwards by another tract, addressed as a petition to the House of Commons, in which, while repeating his complaint against

435-483: The law, but his political opinions again brought him into trouble. When the Oxford Parliament was summoned, he was persuaded, though unwillingly, to stand for Bristol , but was defeated by Sir Richard Hart and Thomas Earle , both Tories. A strong party in the city, not content with his defeat, sought to force him to resign the recordership. The occasion was found in an illegality of which Atkyns along with others

464-539: The letters, together with A Defence of the late Lord Russel's Innocency , a spirited and eloquent reply to an anonymous pamphlet called An Antidote against Poyson . To a rejoinder from the same pen, The Magistracy and Government of England vindicated , he wrote in answer The Lord Russel's Innocency further defended , assailing his opponent with abuse and almost expressly naming him as Sir Bartholomew Shower . In point of legal criticism, Atkyns's letters and pamphlets are effective and still worth reading, but they do not shake

493-593: The other reports there is no mention of his name as counsel. His steady attitude of resistance during these years of misgovernment met with recognition at the Revolution . In 1689 he succeeded his brother as chief baron, and in October of the same year, the great seal being in commission, he was appointed speaker of the House of Lords in the place of the Marquis of Halifax . He held the speakership until 1693, and for his services

522-465: The preparation of his defence, and applied to Atkyns, who wrote to them a statement of the law. "And the like assistance being afterwards desired from me, by many more persons of the best quality, who soon after fell into the same danger, I, living at some distance from London, did venture by letters, to find the best rules and directions I could, towards the making of their just defence, being heartily concerned with them". Five years afterwards he published

551-493: The profession for near two hundred years, and in judicial places; and (through the blessing of Almighty God) have prospered by it." In The History of Gloucestershire written by his son Sir Robert Atkyns the record of the family is carried still further back, in an unbroken legal line, to a Richard Atkyns who lived at the beginning of the fifteenth century, and "followed the profession of the law in Monmouthshire". Robert Atkyns

580-524: The received opinion that the law of treason was not strained against Lord Russell. In 1684 we find his name associated with another great case, when Sir William Williams , the speaker of the House of Commons , was indicted for printing and publishing Dangerfield 's narrative of the Popish Plot. Williams had acted under the orders of the House, so that the case raised the whole question of the powers and privileges of Parliament. Atkyns's argument in his defence

609-416: The record of the debates, with acknowledged authority. In 1661 he was made a bencher of his inn and a King's Serjeant , and about the same time was appointed recorder of Bristol. He served as one of the fire judges after the 1666 great fire of London . On the death of Sir Thomas Tyrrell in 1672 he became a judge of the court of Common Pleas. Along with Sir William Scroggs , he was a judge in some of

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638-497: The same name. If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Robert_Atkyns&oldid=262146899 " Category : Human name disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Robert Atkyns (judge) Sir Robert Atkyns (1620–1710)

667-501: The trials arising from the Popish Plot , but there is little trace of the part which he took. According to Roger North , who was an eyewitness to the Plot trials, Scroggs entirely dominated the proceedings: the other judges, in his view "were passive and meddled little". Atkyns shared in the opinion that papists should be sternly dealt with; yet, to judge from his writings and his later life, it

696-560: Was called to the bar in 1645. Mention of his name is made in some reported cases. In 1659, he entered Richard Cromwell 's parliament as member for Evesham . Probably he was already known to sympathise with the king's party, for he was among the sixty-eight who were made knights of the Bath at Charles 's coronation. His name does not appear in the list of members of Charles's first parliament, but in that of 1661, he sat for East Looe , speaking frequently upon legal questions, and, as appears from

725-586: Was an English Lord Chief Baron of the Exchequer , Member of parliament, and Speaker of the House of Lords . He was the eldest son of Sir Edward Atkyns , one of the Barons of the Exchequer during the Commonwealth , and the elder brother of Sir Edward Atkyns , who preceded him as Lord Chief Baron . There had been lawyers in the family for many generations: "He himself, and his three immediate ancestors, having been of

754-466: Was born in Gloucestershire in 1620. It is not certain whether he went to Oxford or to Cambridge, Alexander Chalmers including him among the famous men of Balliol College , and George Dyer among those of Sidney Sussex College . Chalmers's statement may have originated in the fact that in 1663 Atkyns received from Oxford the degree of master of arts. In 1638 he was admitted to Lincoln's Inn , and

783-462: Was recommended by the House to the king's favour. Towards the end of the following year he retired from the bench – through disappointment, it has been said, at not being chosen Master of the Rolls , but more likely owing to advancing age. Yet he still gave proof of continued vigour. In a pamphlet published in 1695, and "humbly submitted to the consideration of the House of Lords, to whom it belongeth to keep

812-509: Was said to be guilty in proceeding to the election of an alderman in the absence of the mayor, who was the same Sir R. Hart. The prosecution failed, but "Sir Robert Atkyns, on the Lord Pemberton 's and his brother's persuasion, resigned his recordership; which was all that the city of Bristol aimed at by their indictment". In the following year came the trial of Lord Russell ; he could not appear by counsel, but his friends exerted themselves in

841-422: Was taken from my profession, therefore the king had thought fit to send me £500' I replied: 'I thank you. I will not accept anything for my attendance in parliament.' ... I did take occasion upon this to advise my countrymen 'that those who took pensions were not fit to be sent up to parliament again'". In fact, Atkyns was marked out as a disaffected man. He settled in Gloucestershire, with the intention of abandoning

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