John Archer (judge)
Encyclopedia
John Archer was an English judge.
Archer was the son of Henry Archer, Esq., of Coopersale, Theydon Garnon
, Essex, by Anne, daughter of Simon Crouch, of London, alderman. He was educated at Queens' College, Cambridge
, where he graduated B.A. in 1619, and M.A. in 1622. Having entered Gray's Inn
as a student in 1617, he was called to the bar in 1620. He appears to have risen very slowly in his profession, as his name is not mentioned by any of the reporters of the time of Charles I
. Edward Foss
states that 'in 1647 he was selected as counsel for the corporation of Grantham,' but cites no authority; and the corporation of Grantham does not appear as a party to any case reported in that year. In 1651 he was assigned by the court as one of the counsel for Christopher Love
on his trial for high treason in plotting with the Scots to bring about the restoration of the monarchy; but exception was taken to Archer on the ground that he had not subscribed the engagement to be true to the commonwealth, as required by a resolution of the House of Commons passed on 11 October 1649, to be subscribed by public functionaries 'and by' all sergeants at law, counsellors, officers, ministers, and clerks, and all attorneys
and solicitor
s.'
As Archer had not subscribed, and at the trial declined to subscribe, this engagement, he was not allowed to plead. Whether he subsequently did so does not appear; but in 1656 he was returned to parliament, and his name does not appear in the list of the excluded members. On 27 November 1658 he was made a Serjeant, the appointment being confirmed by Charles II
on 1 June 1660; but his elevation to the bench, which had occurred in the interim (15 May 1659), was thereby tacitly annulled. On 4 November 1663 he was made a justice of the common bench in succession to Sir Robert Hide (then raised to the chief justiceship of the same bench), and knighted. As a judge he travelled the western circuit with Sir J. Kelyng
. His name occurs in the list of the judges who attended the meeting of the bench summoned in 1666 to confer upon the proper course to be taken in view of the impending trial of Lord Morley for murder by the House of Lords, a case still cited as an authority upon the distinction between murder and manslaughter. Archer is characterised by Roger North as one 'of whose abilities time hath kept no record unless in the sinister way,' as uncertain in his law and afraid of a long and intricate cause. He appears, however, to have held decided and sound opinions on the construction of his own patent; for when the king in the winter of 1661 attempted to remove him from his office he stood stoutly upon his right to hold it on the terms of the patent, 'quamdiu se bene gesserit,' and refused to surrender the patent without a writ of scire facias
, the proper legal mode of procedure to annul a royal grant; but which was so little to the taste of the king that Archer continued, until his death, legally justice of the common bench, and in receipt of his salary as such, though relieved by royal prohibition from the performance of the duties of the office, which were discharged by Sir William Ellis
.
Archer was the son of Henry Archer, Esq., of Coopersale, Theydon Garnon
Theydon Garnon
Theydon Garnon is a village and a civil parish in the Epping Forest District, in the county of Essex, England.The Anglican parish church is dedicated to All Saints.- Transport :...
, Essex, by Anne, daughter of Simon Crouch, of London, alderman. He was educated at Queens' College, Cambridge
Queens' College, Cambridge
Queens' College is a constituent college of the University of Cambridge, England.The college was founded in 1448 by Margaret of Anjou , and refounded in 1465 by Elizabeth Woodville...
, where he graduated B.A. in 1619, and M.A. in 1622. Having entered Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
as a student in 1617, he was called to the bar in 1620. He appears to have risen very slowly in his profession, as his name is not mentioned by any of the reporters of the time of Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
. Edward Foss
Edward Foss
Edward Foss was an English lawyer and biographer.He was born in London. He became a solicitor, and on his retirement from practice in 1840, devoted himself to the study of legal antiquities. His Judges of England was regarded as a standard work, characterized by accuracy and extensive research...
states that 'in 1647 he was selected as counsel for the corporation of Grantham,' but cites no authority; and the corporation of Grantham does not appear as a party to any case reported in that year. In 1651 he was assigned by the court as one of the counsel for Christopher Love
Christopher Love
Christopher Love was a Welsh Protestant preacher and advocate of Presbyterianism at the time of the English Civil War. In 1651 he was executed by the government, after it was discovered that he had been in correspondence with the exiled Stuart court...
on his trial for high treason in plotting with the Scots to bring about the restoration of the monarchy; but exception was taken to Archer on the ground that he had not subscribed the engagement to be true to the commonwealth, as required by a resolution of the House of Commons passed on 11 October 1649, to be subscribed by public functionaries 'and by' all sergeants at law, counsellors, officers, ministers, and clerks, and all attorneys
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
s.'
As Archer had not subscribed, and at the trial declined to subscribe, this engagement, he was not allowed to plead. Whether he subsequently did so does not appear; but in 1656 he was returned to parliament, and his name does not appear in the list of the excluded members. On 27 November 1658 he was made a Serjeant, the appointment being confirmed by Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
on 1 June 1660; but his elevation to the bench, which had occurred in the interim (15 May 1659), was thereby tacitly annulled. On 4 November 1663 he was made a justice of the common bench in succession to Sir Robert Hide (then raised to the chief justiceship of the same bench), and knighted. As a judge he travelled the western circuit with Sir J. Kelyng
John Kelynge
John Kelynge KS was an English judge and Chief Justice of the King’s Bench.-Early career:Kelynge was admitted into the Inner Temple on 22 January 1624. His father was of the same inn and is described as a resident of Hertford. He was called to the bar on 10 February, 1632, and from this time to...
. His name occurs in the list of the judges who attended the meeting of the bench summoned in 1666 to confer upon the proper course to be taken in view of the impending trial of Lord Morley for murder by the House of Lords, a case still cited as an authority upon the distinction between murder and manslaughter. Archer is characterised by Roger North as one 'of whose abilities time hath kept no record unless in the sinister way,' as uncertain in his law and afraid of a long and intricate cause. He appears, however, to have held decided and sound opinions on the construction of his own patent; for when the king in the winter of 1661 attempted to remove him from his office he stood stoutly upon his right to hold it on the terms of the patent, 'quamdiu se bene gesserit,' and refused to surrender the patent without a writ of scire facias
Scire facias
In English law, a writ of scire facias was a writ founded upon some judicial record directing the sheriff to make the record known to a specified party, and requiring that defendant to show cause why the party bringing the writ should not be able to cite that record in his own interest, or why,...
, the proper legal mode of procedure to annul a royal grant; but which was so little to the taste of the king that Archer continued, until his death, legally justice of the common bench, and in receipt of his salary as such, though relieved by royal prohibition from the performance of the duties of the office, which were discharged by Sir William Ellis
William Ellis (solicitor-general)
Sir William Ellis was an English lawyer, judge and politician who sat in the House of Commons at various times between 1640 and 1679.-Life:...
.