Francis Pemberton
Encyclopedia
Sir Francis Pemberton was an English
judge and briefly Lord Chief Justice of the King's Bench in the course of a turbulent career.
, the son and heir of a former London merchant, and was educated at St Albans School
and Emmanuel College, Cambridge
. On 14 October 1645, he was admitted a member of the Inner Temple
. As a young man, he fell into dissolute company and acquired extravagant habits, leading to his imprisonment in the Fleet
for debt. There he applied himself diligently to the study of the law and, having eventually secured his release, he was called to the Bar on 27 November 1654.
In 1667 Pemberton married Anne Whichcote, the daughter of Jeremy Whichcote, Warden of Fleet Prison
. They had numerous children, as his memorial in Highgate chapel records.
and was thereafter regarded as the foremost advocate of his day.
Appearing at the bar of the House of Lords
to argue an appeal to which some members of the House of Commons
were respondents, Pemberton inadvertently triggered a constitutional struggle for supremacy between the two Houses of Parliament. The House of Commons had resolved that it would be a breach of their privileges for any lawyer to act in the appeal and ordered that he should be taken into custody. The House of Lords thereupon ordered his release. The resulting tug-of-war ended only when King Charles II
intervened and Pemberton was set free.
, he was dismissed within two years, whereupon he returned to his practice at the bar. However, he rapidly returned to favour and was appointed Lord Chief Justice of the King's Bench
on 11 April 1681.
In the same year, he presided over the trumped-up trial of Oliver Plunket, the Primate of the Catholic Church in Ireland, who was wrongly convicted of treason and executed. To his further discredit, he also sought unsuccessfully to promote the trial for treason of Lord Shaftesbury. He nevertheless managed to retain among his contemporaries a reputation for independence and integrity and it was because of suspicions of his political loyalties in a forthcoming case concerning the City of London that he was removed from office in 1682. He accepted instead the lesser position of Chief Justice of the Common Pleas
.
In the following year he was appointed to head the Commission set up to deal with the Rye House Plot
and presided over the trial of Lord Russell
. Although Russell was convicted, Pemberton was regarded as having conducted himself with unbefitting moderation during the trial and he was dismissed from all judicial employment on 28 September 1683. John Evelyn
wrote in his Diary
for 4 October 1683: "He was held to be the most learned of the judges and an honest man".
. In 1689, he faced a further petition alleging that he had breached the privileges of the House of Commons
. On this occasion, the allegation was that, as Lord Chief Justice, he had allowed legal proceedings to be pursued against the Sergeant-at-arms of the House of Commons in respect of his official activities. Pemberton was imprisoned for eight months in Newgate Prison
.
After his release, Pemberton's practice substantially diminished and he spent much of his time at his house in Highgate
, though he was retained in the unsuccessful defence of Sir John Fenwick in 1696. He died on 10 June 1697 and is buried in Highgate Chapel.
His return to private practice was not at the time considered improper but in more modern times has been cited as an illustration of the need for a judge to abandon practice permanently since, it was said, his reputation as a judge carried far more weight with juries than the merits of his arguments. In 1929 the Chief Justice of Ireland
cited Pemberton in laying down a rule that senior judges on retirement should not seek to return to practice.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
judge and briefly Lord Chief Justice of the King's Bench in the course of a turbulent career.
Early life
He was born on 18 July 1624 at St AlbansSt Albans
St Albans is a city in southern Hertfordshire, England, around north of central London, which forms the main urban area of the City and District of St Albans. It is a historic market town, and is now a sought-after dormitory town within the London commuter belt...
, the son and heir of a former London merchant, and was educated at St Albans School
St Albans School (Hertfordshire)
St Albans School is an independent school in the city of St Albans in Hertfordshire, in the East of England. Entry before Sixth Form is for boys only, and co-educational thereafter. Founded in 948 by Wulsin , St Albans School is not only the oldest school in Hertfordshire but also one of the oldest...
and Emmanuel College, Cambridge
Emmanuel College, Cambridge
Emmanuel College is a constituent college of the University of Cambridge.The college was founded in 1584 by Sir Walter Mildmay on the site of a Dominican friary...
. On 14 October 1645, he was admitted a member of 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...
. As a young man, he fell into dissolute company and acquired extravagant habits, leading to his imprisonment in the Fleet
Fleet Prison
Fleet Prison was a notorious London prison by the side of the Fleet River in London. The prison was built in 1197 and was in use until 1844. It was demolished in 1846.- History :...
for debt. There he applied himself diligently to the study of the law and, having eventually secured his release, he was called to the Bar on 27 November 1654.
In 1667 Pemberton married Anne Whichcote, the daughter of Jeremy Whichcote, Warden of Fleet Prison
Fleet Prison
Fleet Prison was a notorious London prison by the side of the Fleet River in London. The prison was built in 1197 and was in use until 1844. It was demolished in 1846.- History :...
. They had numerous children, as his memorial in Highgate chapel records.
Early career
Pemberton rapidly acquired a substantial practice and was regularly retained by the Government in important criminal cases. In 1675 he was called to the degree of Sergeant-at-lawSerjeant-at-law
The Serjeants-at-Law was an order of barristers at the English bar. The position of Serjeant-at-Law , or Sergeant-Counter, was centuries old; there are writs dating to 1300 which identify them as descended from figures in France prior to the Norman Conquest...
and was thereafter regarded as the foremost advocate of his day.
Appearing at the bar of the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
to argue an appeal to which some members of the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
were respondents, Pemberton inadvertently triggered a constitutional struggle for supremacy between the two Houses of Parliament. The House of Commons had resolved that it would be a breach of their privileges for any lawyer to act in the appeal and ordered that he should be taken into custody. The House of Lords thereupon ordered his release. The resulting tug-of-war ended only when King 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...
intervened and Pemberton was set free.
Judicial career
On 30 April 1679 Pemberton was appointed a puisne judge. Having offended the Government by his conduct in relation to the Popish PlotPopish Plot
The Popish Plot was a fictitious conspiracy concocted by Titus Oates that gripped England, Wales and Scotland in Anti-Catholic hysteria between 1678 and 1681. Oates alleged that there existed an extensive Catholic conspiracy to assassinate Charles II, accusations that led to the execution of at...
, he was dismissed within two years, whereupon he returned to his practice at the bar. However, he rapidly returned to favour and was appointed Lord Chief Justice of the King's Bench
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...
on 11 April 1681.
In the same year, he presided over the trumped-up trial of Oliver Plunket, the Primate of the Catholic Church in Ireland, who was wrongly convicted of treason and executed. To his further discredit, he also sought unsuccessfully to promote the trial for treason of Lord Shaftesbury. He nevertheless managed to retain among his contemporaries a reputation for independence and integrity and it was because of suspicions of his political loyalties in a forthcoming case concerning the City of London that he was removed from office in 1682. He accepted instead the lesser position of Chief Justice of the Common Pleas
Chief Justice of the Common Pleas
The Court of Common Pleas, also known as the Common Bench or Common Place, was the second highest common law court in the English legal system until 1880, when it was dissolved. As such, the Chief Justice of the Common Pleas was one of the highest judicial officials in England, behind only the Lord...
.
In the following year he was appointed to head the Commission set up to deal with the Rye House Plot
Rye House Plot
The Rye House Plot of 1683 was a plan to assassinate King Charles II of England and his brother James, Duke of York. Historians vary in their assessment of the degree to which details of the conspiracy were finalized....
and presided over the trial of Lord Russell
William Russell, Lord Russell
William Russell, Lord Russell was an English politician. He was a leading member of the Country Party, forerunners of the Whigs, who opposed the succession of James II during the reign of Charles II, ultimately resulting in his execution for treason.-Early life and marriage:Russell was the third...
. Although Russell was convicted, Pemberton was regarded as having conducted himself with unbefitting moderation during the trial and he was dismissed from all judicial employment on 28 September 1683. John Evelyn
John Evelyn
John Evelyn was an English writer, gardener and diarist.Evelyn's diaries or Memoirs are largely contemporaneous with those of the other noted diarist of the time, Samuel Pepys, and cast considerable light on the art, culture and politics of the time John Evelyn (31 October 1620 – 27 February...
wrote in his Diary
John Evelyn's Diary
The Diary of John Evelyn, a gentlemanly Royalist and virtuoso of the seventeenth century, was first published in 1818 under the title Memoirs Illustrative of the Life and Writings of John Evelyn, in an edition by William Bray. Bray was assisted by William Upcott, who had access to the Evelyn family...
for 4 October 1683: "He was held to be the most learned of the judges and an honest man".
Later career
Pemberton again returned to the bar and again acquired a substantial practice, acting successfully in the defence of the Seven BishopsSeven Bishops
thumb|200px|A portrait of the Seven Bishops.The Seven Bishops of the Church of England were those imprisoned and tried for seditious libel over their opposition to the second Declaration of Indulgence issued by James II in 1688...
. In 1689, he faced a further petition alleging that he had breached the privileges of the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
. On this occasion, the allegation was that, as Lord Chief Justice, he had allowed legal proceedings to be pursued against the Sergeant-at-arms of the House of Commons in respect of his official activities. Pemberton was imprisoned for eight months in Newgate Prison
Newgate Prison
Newgate Prison was a prison in London, at the corner of Newgate Street and Old Bailey just inside the City of London. It was originally located at the site of a gate in the Roman London Wall. The gate/prison was rebuilt in the 12th century, and demolished in 1777...
.
After his release, Pemberton's practice substantially diminished and he spent much of his time at his house in Highgate
Highgate
Highgate is an area of North London on the north-eastern corner of Hampstead Heath.Highgate is one of the most expensive London suburbs in which to live. It has an active conservation body, the Highgate Society, to protect its character....
, though he was retained in the unsuccessful defence of Sir John Fenwick in 1696. He died on 10 June 1697 and is buried in Highgate Chapel.
His return to private practice was not at the time considered improper but in more modern times has been cited as an illustration of the need for a judge to abandon practice permanently since, it was said, his reputation as a judge carried far more weight with juries than the merits of his arguments. In 1929 the Chief Justice of Ireland
Chief Justice of Ireland
The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
cited Pemberton in laying down a rule that senior judges on retirement should not seek to return to practice.