The Bernards were an influential family in Huntingdon and Brampton, according to the Companion. Sir Robert (1601-1666) was Recorder of Huntingdon in 1660. Had sat for the borough in the Short Parliament (1640).
Warrington has this on him: "Sir Robert Bernard, sergeant-at-law, of Huntingdon, cr. bart., 1662, and ob. 1666. His second wife, here mentioned, was Elizabeth, relict of George Lord Digby, ob. January 1662."
L&M Companion continues Mary's earlier non-spoiler post: "...was recorder of Huntingdon until Sandwich had him removed and himself appointed in 1662." http://www.pepysdiary.com/diary/1…
His son, Sir John, was a friend of Pepys later, though something of a political adversary to Montague. See Phil's link above.
Sir Robert Bernard, 1st Baronet (1601 – 1666) was an English lawyer and politician who sat in the House of Commons in 1640. http://en.wikipedia.org/wiki/Sir_…
In the North Ile of Abington Church near Northampton.
To the Memory of Sir Robt. Bernard Knt. & Bart. Serjeant at Law, Son of Francis Bernard Esq; who was 2d Son of Francis Bernard Esq; Lord of this Mannor. He was twice very happy; first, in the marriage of Elisabeth Tallakerne, daughter of Sr. John Tallakerne, by whom he had many Sons & daughters. & after her decease, he was very happy a Second time in the marriage of Elisabeth Digby, Relict of Robert Ld Digby, who was a good Mother though she had no Children. But he was most happy in that not weary at all of this Life he was willing to depart to a better in the 66th. year of his Age. A. D. 1666. His Body lies interred near this Monument, which was due to so good a Father from his Eldest Son & Heir Sr. John Bernard Kt. ---Monumenta Anglicana. John Le Neve, 1718.
The "outing" of Sir Robert Bernard as Recorder of Huntingdon in 1662/63 was very much about jostling for local power. In the days of few electors and no secret ballots, the Recorder was in a very good position to influence an election.
The entries for 1660 and 1661 tell of rivalry between the Montagus and Capulets, I mean Bernards for possession of the seats in Parliament, with the Bernards initially having the upper hand in the borough of Huntingdon, and the Montagus in the county of Huntingdonshire. The History Of Parliament links below give more details about the area, the rivalries, and Cromwell's continuing legacy there.
In April 1640, Bernard was elected Member of Parliament for Huntingdon in the Short Parliament.
Samuel Pepys consulted Bernard in 1661 about the bitter inheritance dispute over the nearby estate of Brampton, Cambridgeshire (Bernard as Lord of the Manor of Brampton was also Steward of the Manorial Court), which Samuel's uncle Robert had bequeathed to him, but which several other heirs also laid claim to.
The following year Bernard persuaded Samuel and his father to reach a compromise settlement with Samuel's uncle Thomas, who had claimed the Brampton property as his brother Robert's heir-at-law.
Samuel liked both Bernard and his second wife Elizabeth Digby, and he later became friendly with Bernard's younger son William.
Samuel's cousin and patron Edward Montagu, 1st Earl of Sandwich disliked Bernard: his attitude was no doubt influenced by the bitter political feud between the Montagu and Bernard families for political control of Huntingdonshire.
It was Sandwich who had Bernard dismissed from his Recordership in 1663. Samuel was concerned that despite their previous friendly relations this would cause Bernard to hold a grudge against him, due to his closeness to Sandwich.
Bernard was Counsel for Cambridge University in 1646 and steward and judge of the Court of the Isle of Ely in 1649. He was a serjeant-at-law and was created a baronet, of Huntingdon on 1 July 1662.
A Serjeant-at-Law (SL), usually called a Serjeant, was a member of an order of barristers at the English and Irish Bar. The position of Serjeant-at-Law, or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as being in France before the Norman Conquest. The Serjeants are the oldest formally create order in Englandm and during the 16th century they rose as a small, elite group of lawyers who took much of the work in the central common law courts.
With the creation of Queen's (or King's) Counsel during the reign of Queen Elizabeth, the order gradually declined, with each monarch creating more King's or Queen's Counsel.
The Serjeants' exclusive jurisdictions ended with the Judicature Act 1873.
For centuries the Serjeants had exclusive jurisdiction over the Court of Common Pleas, being the only lawyers allowed to argue a case there. At the same time, they had rights of audience in the other central common law courts (the Court of King's Bench and Exchequer of Pleas) and precedence over all other lawyers.
Only Serjeants-at-Law could become judges of these courts, and socially the Serjeants ranked above Knights Bachelor and Companions of the Bath. Their wives had the right to be addressed as "Lady —".
The decline of the Serjeants-at-Law started in 1596, when Francis Bacon persuaded Queen Elizabeth to appoint him "Queen's Counsel Extraordinary" (QC), a new creation which gave him precedence over the Serjeants. This was not a formal creation: he was not granted a patent of appointment until King James finally awarded it in 1604. The creation of Queen's and King's Counsel was initially small; King James created at least one other, and King Charles four. Following the Restoration this increased, with a few appointed each year. The largest change came about with William IV, who appointed an average of 9 a year ...
Every new Queen's and King's Counsel created reduced the Serjeants' importance; the most junior QC took precedence over the most senior Serjeant.
The traditional process of being called to the order of Serjeants-at-Law stayed fairly constant: the Serjeants would recommend prospective candidates to the Chief Justice of the Common Pleas. He would pass the names to the Lord Chancellor, who would appoint the new Serjeants. This was a way to select potential judges free from political favouritism – only Serjeants could become judges, so Serjeants provided a neutral judiciary.
Most of the time Serjeants were the only advocates given rights of audience in the Court of Common Pleas. Until the 17th century they were also first in the order of precedence in the Court of King's Bench and Court of Chancery, which gave them priority in motions before the court. Serjeants also had the privilege of being immune from most normal forms of lawsuit – they could only be sued by a writ from the Court of Chancery. It was held as an extension of this that servants of Serjeants could only be sued in the Common Pleas. In exchange for these privileges, Serjeants were expected to represent anybody who asked, regardless of their ability to pay, and they serve as deputy judges to hear cases when there was no judge available.
A Serjeant made a King's Counsel or judge would still retain these social privileges. As the cream of the legal profession, Serjeants earned higher fees than barristers.
10 Annotations
First Reading
Mary • Link
The Bernards were an influential family in Huntingdon and Brampton, according to the Companion. Sir Robert (1601-1666) was Recorder of Huntingdon in 1660. Had sat for the borough in the Short Parliament (1640).
Phil • Link
His son was Sir John Bernard: http://www.pepysdiary.com/encyclo…
Wim van der Meij • Link
Warrington has this on him: "Sir Robert Bernard, sergeant-at-law, of Huntingdon, cr. bart., 1662, and ob. 1666. His second wife, here mentioned, was Elizabeth, relict of George Lord Digby, ob. January 1662."
Clement • Link
L&M Companion continues Mary's earlier non-spoiler post:
"...was recorder of Huntingdon until Sandwich had him removed and himself appointed in 1662."
http://www.pepysdiary.com/diary/1…
His son, Sir John, was a friend of Pepys later, though something of a political adversary to Montague. See Phil's link above.
Terry Foreman • Link
Sir Robert Bernard, 1st Baronet (1601 – 1666) was an English lawyer and politician who sat in the House of Commons in 1640. http://en.wikipedia.org/wiki/Sir_…
Second Reading
Bill • Link
In the North Ile of Abington Church near Northampton.
To the Memory of Sir Robt. Bernard Knt. & Bart. Serjeant at Law, Son of Francis Bernard Esq; who was 2d Son of Francis Bernard Esq; Lord of this Mannor. He was twice very happy; first, in the marriage of Elisabeth Tallakerne, daughter of Sr. John Tallakerne, by whom he had many Sons & daughters. & after her decease, he was very happy a Second time in the marriage of Elisabeth Digby, Relict of Robert Ld Digby, who was a good Mother though she had no Children. But he was most happy in that not weary at all of this Life he was willing to depart to a better in the 66th. year of his Age. A. D. 1666. His Body lies interred near this Monument, which was due to so good a Father from his Eldest Son & Heir Sr. John Bernard Kt.
---Monumenta Anglicana. John Le Neve, 1718.
Sasha Clarkson • Link
The "outing" of Sir Robert Bernard as Recorder of Huntingdon in 1662/63 was very much about jostling for local power. In the days of few electors and no secret ballots, the Recorder was in a very good position to influence an election.
The entries for 1660 and 1661 tell of rivalry between the Montagus and Capulets, I mean Bernards for possession of the seats in Parliament, with the Bernards initially having the upper hand in the borough of Huntingdon, and the Montagus in the county of Huntingdonshire. The History Of Parliament links below give more details about the area, the rivalries, and Cromwell's continuing legacy there.
http://www.historyofparliamentonl…
http://www.historyofparliamentonl…
Third Reading
San Diego Sarah • Link
In April 1640, Bernard was elected Member of Parliament for Huntingdon in the Short Parliament.
Samuel Pepys consulted Bernard in 1661 about the bitter inheritance dispute over the nearby estate of Brampton, Cambridgeshire (Bernard as Lord of the Manor of Brampton was also Steward of the Manorial Court), which Samuel's uncle Robert had bequeathed to him, but which several other heirs also laid claim to.
The following year Bernard persuaded Samuel and his father to reach a compromise settlement with Samuel's uncle Thomas, who had claimed the Brampton property as his brother Robert's heir-at-law.
Samuel liked both Bernard and his second wife Elizabeth Digby, and he later became friendly with Bernard's younger son William.
Samuel's cousin and patron Edward Montagu, 1st Earl of Sandwich disliked Bernard: his attitude was no doubt influenced by the bitter political feud between the Montagu and Bernard families for political control of Huntingdonshire.
It was Sandwich who had Bernard dismissed from his Recordership in 1663. Samuel was concerned that despite their previous friendly relations this would cause Bernard to hold a grudge against him, due to his closeness to Sandwich.
Bernard was Counsel for Cambridge University in 1646 and steward and judge of the Court of the Isle of Ely in 1649. He was a serjeant-at-law and was created a baronet, of Huntingdon on 1 July 1662.
This is taken from the Wiki page Terry pointed us to:
https://en.wikipedia.org/wiki/Sir…
San Diego Sarah • Link
A Serjeant-at-Law (SL), usually called a Serjeant, was a member of an order of barristers at the English and Irish Bar.
The position of Serjeant-at-Law, or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as being in France before the Norman Conquest.
The Serjeants are the oldest formally create order in Englandm and during the 16th century they rose as a small, elite group of lawyers who took much of the work in the central common law courts.
With the creation of Queen's (or King's) Counsel during the reign of Queen Elizabeth, the order gradually declined, with each monarch creating more King's or Queen's Counsel.
The Serjeants' exclusive jurisdictions ended with the Judicature Act 1873.
For centuries the Serjeants had exclusive jurisdiction over the Court of Common Pleas, being the only lawyers allowed to argue a case there.
At the same time, they had rights of audience in the other central common law courts (the Court of King's Bench and Exchequer of Pleas) and precedence over all other lawyers.
Only Serjeants-at-Law could become judges of these courts, and socially the Serjeants ranked above Knights Bachelor and Companions of the Bath.
Their wives had the right to be addressed as "Lady —".
The decline of the Serjeants-at-Law started in 1596, when Francis Bacon persuaded Queen Elizabeth to appoint him "Queen's Counsel Extraordinary" (QC), a new creation which gave him precedence over the Serjeants. This was not a formal creation: he was not granted a patent of appointment until King James finally awarded it in 1604.
The creation of Queen's and King's Counsel was initially small; King James created at least one other, and King Charles four.
Following the Restoration this increased, with a few appointed each year. The largest change came about with William IV, who appointed an average of 9 a year ...
Every new Queen's and King's Counsel created reduced the Serjeants' importance; the most junior QC took precedence over the most senior Serjeant.
The traditional process of being called to the order of Serjeants-at-Law stayed fairly constant: the Serjeants would recommend prospective candidates to the Chief Justice of the Common Pleas. He would pass the names to the Lord Chancellor, who would appoint the new Serjeants. This was a way to select potential judges free from political favouritism – only Serjeants could become judges, so Serjeants provided a neutral judiciary.
San Diego Sarah • Link
CONCLUSION:
Most of the time Serjeants were the only advocates given rights of audience in the Court of Common Pleas.
Until the 17th century they were also first in the order of precedence in the Court of King's Bench and Court of Chancery, which gave them priority in motions before the court.
Serjeants also had the privilege of being immune from most normal forms of lawsuit – they could only be sued by a writ from the Court of Chancery.
It was held as an extension of this that servants of Serjeants could only be sued in the Common Pleas.
In exchange for these privileges, Serjeants were expected to represent anybody who asked, regardless of their ability to pay, and they serve as deputy judges to hear cases when there was no judge available.
A Serjeant made a King's Counsel or judge would still retain these social privileges.
As the cream of the legal profession, Serjeants earned higher fees than barristers.
Excerpted from
https://en.wikipedia.org/wiki/Ser…