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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
252:. 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
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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
48:, the son and heir of a former London merchant, Ralph Pemberton, mayor of St. Albans, in 1627 and 1638, by his wife, Frances, daughter of Francis Kempe. His grandfather was Roger Pemberton of Hertfordbury, of an old Lancashire family. Francis was educated at
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267:. 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.
248:, 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
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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
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in 1696. He died on 10 June 1697 and is buried in
Highgate Chapel. His first son, Francis Pemberton, FRS (?1675–1762) also became a barrister.
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cited the bad example set by
Pemberton, in laying down a rule that judges after their retirement should not seek to return to legal practice.
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Pemberton again returned to the bar and again acquired a substantial practice, acting successfully in the defence of the
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After his release, Pemberton's practice substantially diminished and he spent much of his time at his house in
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of the House of
Commons in respect of his official activities. Pemberton was imprisoned for eight months in
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records the year of his death as 1699, but the correct date is recorded on his memorial in
Highgate chapel.
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House of Lords thereupon ordered his release. The resulting tug-of-war ended only when King
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for 4 October 1683: "He was held to be the most learned of the judges and an honest man".
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In the following year he was appointed to head the
Commission set up to deal with the
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or the opinions of the actual judges hearing the case. In 1929 the
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and was thereafter regarded as the foremost advocate of his day.
32:(18 July 1624 – 10 June 1697) was an English judge and briefly
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In the same year, he presided over the trumped-up trial of
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In 1667, Pemberton married Anne
Whichcote, the daughter of
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On 14 October 1645, he was admitted a member of the
544:People educated at St Albans School, Hertfordshire
370:, British-history.ac.uk. Accessed 6 January 2023.
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102:to argue an appeal to which some members of the
393:"Pemberton, Francis (died 1762) (PMRN693F)"
229:On 30 April 1679 Pemberton was appointed a
153:. Unsourced material may be challenged and
217:Learn how and when to remove this message
524:Lord chief justices of England and Wales
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529:Members of the Privy Council of England
111:intervened and Pemberton was set free.
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481:Lord Chief Justice of the King's Bench
239:Lord Chief Justice of the King's Bench
34:Lord Chief Justice of the King's Bench
410:In re Sir James O'Connors Application
36:in the course of a turbulent career.
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491:George Jeffreys, 1st Baron Jeffreys
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519:Chief justices of the Common Pleas
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166:"Francis Pemberton"
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