Biography of Francis Pemberton 1624-1697

On 18 Jul 1624 Francis Pemberton was born.

Pepy's Diary. 10 Feb 1668. Thence I to the Temple [Map] to Charles Porter's (age 36) lodgings, where Captain Cocke (age 51) met me, and after long waiting, on Pemberton (age 43)1, an able lawyer, about the business of our prizes, and left the matter with him to think of against to-morrow, this being a matter that do much trouble my mind, though there be no fault in it that I need fear the owning that I know of.

Note 1. Francis Pemberton (age 43), afterwards knighted, and made Lord Chief Justice of the King's Bench in 1679. His career was a most singular one, he having been twice removed from the Bench, and twice imprisoned by the House of Commons. He twice returned to the bar, and after his second return he practised with great success as a serjeant for the next fourteen years till his death, June 10th, 1697. Evelyn says, "He was held to be the most learned of the judges and an honest man" ("Diary", October 4th, 1683).

Pepy's Diary. 11 Feb 1668. Thence to the Temple [Map], to Porter's chamber, where Cocke (age 51) met me, and after a stay there some time, they two and I to Pemberton's (age 43) chamber, and there did read over the Act of calling people to account, and did discourse all our business of the prizes; and, upon the whole, he do make it plainly appear, that there is no avoiding to give these Commissioners satisfaction in everything they will ask; and that there is fear lest they may find reason to make us refund for all the extraordinary profit made by those bargains; and do make me resolve rather to declare plainly, and, once for all, the truth of the whole, and what my profit hath been, than be forced at last to do it, and in the meantime live in gain, as I must always do: and with this resolution on my part I departed, with some more satisfaction of mind, though with less hopes of profit than I expected. It was pretty here to see the heaps of money upon this lawyer's table; and more to see how he had not since last night spent any time upon our business, but begun with telling us that we were not at all concerned in that Act; which was a total mistake, by his not having read over the Act at all.

Pepy's Diary. 14 Feb 1668. Thence to the Temple [Map], where at Porter's chamber I met Captain Cocke (age 51), but lost our labour, our Counsellor not being within, Pemberton (age 43), and therefore home and late at my office, and so home to supper and to bed.

Pepy's Diary. 30 Mar 1668. After a little talk, I away to White Hall and Westminster, where I find the Parliament still bogling about the raising of this money: and every body's mouth full now; and Mr. Wren (age 39) himself tells me that the Duke of York (age 34) declares to go to sea himself this year; and I perceive it is only on this occasion of distaste of the Parliament against W. Pen's (age 46) going, and to prevent the D. Gawden's: but I think it is mighty hot counsel for the Duke of York (age 34) at this time to go out of the way; but, Lord! what a pass are all our matters come to! At noon by appointment to Cursitor's Alley, in Chancery Lane, to meet Captain Cocke (age 51) and some other creditors of the Navy, and their Counsel, Pemberton (age 43), North, Offly, and Charles Porter (age 36); and there dined, and talked of the business of the assignments on the Exchequer of the £1,250,000 on behalf of our creditors; and there I do perceive that the Counsel had heard of my performance in the Parliamenthouse lately, and did value me and what I said accordingly. At dinner we had a great deal of good discourse about Parliament: their number being uncertain, and always at the will of the King (age 37) to encrease, as he saw reason to erect a new borough. But all concluded that the bane of the Parliament hath been the leaving off the old custom of the places allowing wages to those that served them in Parliament, by which they chose men that understood their business and would attend it, and they could expect an account from, which now they cannot; and so the Parliament is become a company of men unable to give account for the interest of the place they serve for.

In 1681 Francis Pemberton (age 56) was appointed Lord Chief Justice.

Evelyn's Diary. 04 Oct 1683. I went to London, on receiving a note from the Countess of Arlington (age 49), of some considerable charge or advantage I might obtain by applying myself to his Majesty (age 53) on this signal conjuncture of his Majesty (age 53) entering up judgment against the city charter; the proposal made me I wholly declined, not being well satisfied with these violent transactions, and not a little sorry that his Majesty (age 53) was so often put upon things of this nature against so great a city, the consequence whereof may be so much to his prejudice; so I returned home. At this time, the Lord Chief-Justice Pemberton (age 59) was displaced. He was held to be the most learned of the judges, and an honest man. Sir George Jeffreys (age 38) was advanced, reputed to be most ignorant, but most daring. Sir George Treby, Recorder of London, was also put by, and one Genner, an obscure lawyer, set in his place. Eight of the richest and chief aldermen were removed and all the rest made only justices of the peace, and no more wearing of gowns, or chains of gold; the Lord Mayor and two sheriffs holding their places by new grants as custodes, at the King's (age 53) pleasure. The pomp and grandeur of the most august city in the world thus changed face in a moment; which gave great occasion of discourse and thoughts of hearts, what all this would end in. Prudent men were for the old foundations.

On 10 Jun 1697 Francis Pemberton (age 72) died.