 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 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".