William Atwood

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This article is about the English lawyer. For other people of the same name, see William Atwood (disambiguation).

William Atwood (c. 1650 – 1712) was an English lawyer, known also as a political and historical writer.

Early life[edit]

William Atwood was son and heir of John Atwood of Broomfield, Essex. He studied at Queens' College, Cambridge, before being admitted to the Inner Temple in 1669 and Gray's Inn in 1670, and becoming a barrister in 1674.[1][2]

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.[3][4]

In New York[edit]

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 piracy (a live matter in New York at the time), and wrecks.[5] He was removed a year later, by Lord Cornbury, on a corruption charge.[6]

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,[7] 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.[4]

Writing[edit]

His Fundamental Constitution of the English Government (1690) argued that Parliament could act to fill a vacancy in the monarchy.[8] In it he also objected to John Locke's theory, that such a vacancy, which had occurred in 1689, was subject to popular sovereignty.[9][10] It is regarded as a clarifying statement of the moderate Whig position on the political settlement after the Glorious Revolution.[11]

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.[12][13][14] 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.[15] The well-paid James Anderson answered Atwood's case against Scottish independence, in 1705.[16] Atwood replied with The Superiority and Direct Dominion of the Imperial Crown of England ... Reasserted (1705).[17] Atwood was also answered by James Dalrymple, who argued that the Scottish church had always been independent.[18]

References[edit]

  1. ^ "Atwood, William (ATWT668W)". A Cambridge Alumni Database. University of Cambridge.
  2. ^ [1][dead link]
  3. ^ "Chief Justice George Jeffreys". Archived from the original on 5 March 2010. Retrieved 1 November 2008.
  4. ^ a b Andrew Pyle (editor), Dictionary of Seventeenth Century British Philosophers (2000), article on Atwood, pp. 33–37.
  5. ^ Alvin Rabushka, Taxation in Colonial America: 1607–1775 (2008), p. 316.
  6. ^ System, New York State Unified Court. "404 ERROR – N.Y. State Courts". Retrieved 22 January 2017. {{cite web}}: Cite uses generic title (help)
  7. ^ [2][dead link]
  8. ^ Julian H. Franklin, John Locke and the Theory of Sovereignty: Mixed Monarchy and the Right of Resistance in the Political Thought of the English Revolution (1981), p. 105.
  9. ^ James Tully, An Approach to Political Philosophy: Locke in Contexts (1993), p. 105.
  10. ^ J. H. Burns, Mark Goldie, The Cambridge History of Political Thought 1450–1700 (1994), p. 639.
  11. ^ Lee Ward, The Politics of Liberty in England and Revolutionary America (2004), p. 279.
  12. ^ Brendan Bradshaw, Peter Roberts (editors), British Consciousness and Identity: The Making of Britain, 1533–1707 (2004), p. 333.
  13. ^ "Records of the Parliaments of Scotland". Retrieved 22 January 2017.
  14. ^ [3][dead link]
  15. ^ "Domestic Annals of Scotland – Reign of Queen Anne: 1702 – 1714". Retrieved 22 January 2017.
  16. ^ John Robertson, The Case for the Enlightenment: Scotland and Naples 1680–1760 (2005), p. 135.
  17. ^ Leith Davis, Acts of Union: Scotland and the Literary Negotiation of the British Nation, 1707–1832 (1999), note p. 187.
  18. ^ John Robertson, A Union for Empire: Political Thought and the British Union of 1707 (1995), p. 164.

Further reading[edit]

  • 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
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