William Atwood
Encyclopedia
William Atwood was an English lawyer, known also as a political and historical writer.
. He studied at Queen's College, Cambridge, before being admitted to the Inner Temple
in 1669 and Gray's Inn
in 1670, and becoming a Barrister in 1674.
He acted for the defence for Henry Booth, Lord Delamere at his treason trial in 1685-6. Booth was accused of participation in Monmouth's Rebellion, and the judge in the case was Judge Jeffreys, as Lord High Steward
. The defence secured an acquittal.
(a live matter in New York at the time), and wrecks. He was removed a year later, by Lord Cornbury
, on a corruption charge.
Atwood's position was in fact made very difficult by the governors and the factional politics of New York, after the death of Jacob Leisler
. Atwood had presided at the treason trial of mayor Nicholas Bayard
(c.1644-1707) of the anti-Leislerian party, at the time of governor Richard Coote, 1st Earl of Bellomont
. Bellomont was both a major sponsor of William Kidd
, charged with piracy, and a Leislerian. When Bellomont died in 1701, the change of governor when Cornbury took over meant a complete about-turn for the local factions, and undermined Atwood's position.
In the aftermath, Atwood tried to justify himself, but with little success. His later attack on the poet Matthew Prior
, in the anonymous A Modern Inscription to the Duke of Marlborough's Fame, was not only a Whig taking issue with a Tory, but had a peripheral connection with the business of his removal as Justice. Prior was a Commissioner for Trade and Plantations, and this Commission had upheld Cornbury's action.
's theory, that such a vacancy, which had occurred in 1689, was subject to popular sovereignty. It is regarded as a clarifying statement of the moderate Whig position on the political settlement after the Glorious Revolution
.
He wrote also on Scotland, causing the Scottish Parliament to order his works to be burned, by the common hangman: the objectionable The Superiority and Direct Dominion of the Imperial Crown of England (1704), and The Scots Patriot Unmasked. The sentence was carried out in August 1705 at the Market Cross in Edinburgh, a month after James Drake's Historia Anglo-Scotica suffered the same fate. The well-paid James Anderson
answered Atwood's case against Scottish independence, in 1705. Atwood replied with The Superiority and Direct Dominion of the Imperial Crown of England ... Reasserted (1705). Atwood was also answered by James Dalrymple, who argued that the Scottish church had always been independent.
Early life
William Atwood was son and heir of John Atwood of Broomfield, EssexBroomfield, Essex
Broomfield is a village and residential suburb situated immediately to the north of Chelmsford, in central Essex. It is the site of a major Accident & Emergency hospital. There are two public houses as well as primary and secondary schools and sports clubs....
. He studied at Queen's College, Cambridge, before being admitted to the Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, 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...
in 1669 and 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...
in 1670, and becoming a Barrister in 1674.
He acted for the defence for Henry Booth, Lord Delamere at his treason trial in 1685-6. Booth was accused of participation in Monmouth's Rebellion, and the judge in the case was Judge Jeffreys, as Lord High Steward
Lord High Steward
The position of Lord High Steward of England is the first of the Great Officers of State. The office has generally remained vacant since 1421, except at coronations and during the trials of peers in the House of Lords, when the Lord High Steward presides. In general, but not invariably, the Lord...
. The defence secured an acquittal.
In New York
He became Chief Justice of New York in 1701; in 1697 the Privy Council in London had moved to set up colonial vice-admiralty courts, able to act quickly in matters of piracyPiracy
Piracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
(a live matter in New York at the time), and wrecks. He was removed a year later, by Lord Cornbury
Edward Hyde, 3rd Earl of Clarendon
Edward Hyde, 3rd Earl of Clarendon , styled Viscount Cornbury between 1674 and 1709, was Governor of New York and New Jersey between 1701 and 1708, and is perhaps best known for the claims of his cross-dressing while in office.-Career:Born The Hon...
, on a corruption charge.
Atwood's position was in fact made very difficult by the governors and the factional politics of New York, after the death of Jacob Leisler
Jacob Leisler
Jacob Leisler was a German-born American colonist. He helped create the Huguenot settlement of New Rochelle in 1688 and later served as the acting Lieutenant Governor of New York...
. Atwood had presided at the treason trial of mayor Nicholas Bayard
Nicholas Bayard
Colonel Nicholas Bayard was an official in the colony of New York. Bayard served as the sixteenth Mayor of New York City, from 1685 to 1686...
(c.1644-1707) of the anti-Leislerian party, at the time of governor Richard Coote, 1st Earl of Bellomont
Richard Coote, 1st Earl of Bellomont
Richard Coote, 1st Earl of Bellomont , known as The Lord Coote between 1683 and 1689, was a member of the English Parliament and a colonial governor...
. Bellomont was both a major sponsor of William Kidd
William Kidd
William "Captain" Kidd was a Scottish sailor remembered for his trial and execution for piracy after returning from a voyage to the Indian Ocean. Some modern historians deem his piratical reputation unjust, as there is evidence that Kidd acted only as a privateer...
, charged with piracy, and a Leislerian. When Bellomont died in 1701, the change of governor when Cornbury took over meant a complete about-turn for the local factions, and undermined Atwood's position.
In the aftermath, Atwood tried to justify himself, but with little success. His later attack on the poet Matthew Prior
Matthew Prior
Matthew Prior was an English poet and diplomat.Prior was the son of a Nonconformist joiner at Wimborne Minster, East Dorset. His father moved to London, and sent him to Westminster School, under Dr. Busby. On his father's death, he left school, and was cared for by his uncle, a vintner in Channel...
, in the anonymous A Modern Inscription to the Duke of Marlborough's Fame, was not only a Whig taking issue with a Tory, but had a peripheral connection with the business of his removal as Justice. Prior was a Commissioner for Trade and Plantations, and this Commission had upheld Cornbury's action.
Writing
His Fundamental Constitution of the English Government (1690) argued that Parliament could act to fill a vacancy in the monarchy. In it he also objected to John LockeJohn Locke
John Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
's theory, that such a vacancy, which had occurred in 1689, was subject to popular sovereignty. It is regarded as a clarifying statement of the moderate Whig position on the political settlement after the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
.
He wrote also on Scotland, causing the Scottish Parliament to order his works to be burned, by the common hangman: the objectionable The Superiority and Direct Dominion of the Imperial Crown of England (1704), and The Scots Patriot Unmasked. The sentence was carried out in August 1705 at the Market Cross in Edinburgh, a month after James Drake's Historia Anglo-Scotica suffered the same fate. The well-paid James Anderson
James Anderson (lawyer)
James Anderson , Scottish antiquary and historian, was born at Edinburgh.He was educated for the law, and became a writer to the signet in 1691...
answered Atwood's case against Scottish independence, in 1705. Atwood replied with The Superiority and Direct Dominion of the Imperial Crown of England ... Reasserted (1705). Atwood was also answered by James Dalrymple, who argued that the Scottish church had always been independent.
Further reading
- Adrian Howe, The Bayard Treason Trial: Dramatizing Anglo-Dutch Politics in Early Eighteenth-Century New York City, The William and Mary Quarterly, Third Series, Vol. 47, No. 1 (Jan., 1990), pp. 57-89