a swinging popularity, he (as Chief Justice) took in, and ranted on that side most impetuously. It fell out, that when the Earl of Shaftesbury had sat some short time in the Council, and seemed to rule the roast, yet Scroggs had some qualms in his politic conscience; and, coming from Windsor in the Lord Chief Justice North's coach, he took the opportunity, and desired his lordship to tell him seriously, if my Lord Shaftesbury had really so great power with the King as he was thought to have. His lordship answered quick," No, my lord, no more than your footman hath with you." Upon that, the other hung his head, and considering the matter, said nothing for a good while, and then passed to other discourse. After that time, he turned as fierce against Oates and his plot, as ever before he had ranted for it; and, thereby, gave so great offence to the evidenceships, the plot witnesses, that Oates and Bedloe accused him to the King, and preferred formal articles of divers extravagances and immoralities against him. The King appointed an hearing of the business in council, where Scroggs run down his accusers with much severity and wit; and the evidences fell short; so that, for want of proof, the petition and articles were dismissed. But, for some jobs in the King's Bench, as discharging a jury, &c. he had the honour to be impeached in Parliament, of

which nothing advanced.

At last he died in

Essex-street, of a polypus in the heart. During his preferment, he lived well, and feathered his nest; for he purchased the manor of Burntwood, in Essex. It was observed of him, that every day, in his house, was holyday. His lady was a very matronly good woman; she died long before him. He had one son, who lived not many years after him; for he was a sufferer in the wars of amour He had two daughters, one of whom was married to Sir Robert Wright, and lived to see his misfortunes; for at the Revolution he was clapt up in Newgate, and there died. The other daughter, some time the widow of Mr. Kilbie, a lawyer, married the truly noble Charles Hatton, and may be yet living.

Lord Chief Justice Pemberton.

The Lord Chief Justice Pemberton was a better practiser than a judge; for, being made Chief Justice of the King's Bench, he had a towering opinion of his own sense and wisdom, and rather made, than declared, law. I have heard his lordship say that, "In making law, he had outdone King, Lords, and Commons." This may seem strange to such as see not the behaviour of judges, and do not consider the propensity of almost all to appear wiser than those that went before them. Therefore it is

the most impartial character of a judge to defer to eldership, or antiquity. But to proceed: this man's morals were very indifferent; for his beginnings were debauched, and his study and first practice in the gaol. For having been one of the fiercest town rakes, and spent more than he had of his own, his case forced him upon that expedient for a lodging, and there he made so good use of his leisure, and busied himself with the cases of his fellow collegiates, whom he informed and advised so skilfully, that he was reputed the most notable fellow within those walls; and, at length he came out a sharper at the law. After that, he proceeded to study and practise till he was eminent, and made a serjeant. After he was Chief Justice of the King's Bench, he proved, as I said, a great ruler, and nothing must stand in the way of his authority. I find a few things noted of him by his lordship, (Lord Keeper Guildford.)

Mortified an attorney to death. Case of Lady Ivye, where advised that there was subornation, for which Johnson was ruined, and heart-broke.— The lady prosecuted Johnson for this subornation, by information in the King's Bench, and the cause was tried before Pemberton. It appeared that Johnson had no concern, or words, but by way of advice to his client; but he was borne down and convict, at which the fellow

took despair and died. It was thought his measure was very hard and cruel; and that some mighty point of interest in her ladyship's lawsuits depended upon this man's suffering.

Doyly's settlement a cheat, for want of words usual. Q. By whose contrivance. But he advised. -This fraudulent conveyance was managed between Sir Robert Baldock and Pemberton. It is certain it was passed by Pemberton, who was the counsel chiefly relied on; but not so certain it was his contrivance, for Baldock had wit and will enough to do it. The device was to make two jointures, as if the manors of A and B, complete, and without words of reference of the one to the other, as in part, &c. or together with-in full, whereby the one called upon the other. The use made of this trick was mortgaging both these estates as free, but, in truth, encumbered with the jointure and settlement, For, upon the proffer of A to be mortgaged, and the counsel demanding a sight of the marriage settlement, that of B. was showed. Then upon the proffer of B, the settlement of A was showed, and so the cheat passed of both.

This Chief Justice sat in the King's Bench till near the time that the great cause of the quo warranto against the city of London was to be brought to judgment in that court; and then His Majesty thought fit to remove him. And

the truth is, it was not thought any way reasonable to trust that cause, on which the peace of the government so much depended, in a court where the chief never showed so much regard to the law, as to his will; and notorious as he was for little honesty, boldness, cunning, and incontroulable opinion of himself. After this removal, he returned to his practice, and by that (as it seems the rule is) he lost the style of Lordship, and became bare Mr. Serjeant again. His business lay chiefly in the Common Pleas, where his lordship (Lord Keeper Guilford) presided; and however some of his brethren were apt to insult him, his lordship was always careful to repress such indecencies; and not only protected, but used him with humanity. For nothing is so sure a sign of a bad breed as insulting over the depressed.

Lord Chief Justice Saunders.

The Lord Chief Justice Saunders succeeded in the room of Pemberton. His character, and his beginning, were equally strange. He was at first no better than a poor beggar boy, if not a parish foundling, without known parents, or relations. He had found a way to live by obsequiousness, (in Clement's Inn, as I remember,) and courting the attornies' clerk for scraps. The extraordinary observance and diligence of the boy,