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by your leaving of us, especially at a time when they have, under there owne hands, petitioned your Lordshipp for it, and have received the honor of your acceptance of it, which, by an assurance under your owne hand, was communicated to the whole body of the county, at their general 1 assizes.
Most humble servants,
Aug. 31, 1679. H. Monoux.
APPENDIX, No. VI.
CHARACTERS OF THE JUDGES.
Sir William Scroggs.
This Sir William Scroggs was made Lord Chief Justice of the King's Bench while his lordship (Lord Keeper Guildford) sat in the Common Pleas. He was of a mean extract, having been a butcher's son, but wrought himself into business in the law, was made a Serjeant, and practised under his lordship. His person was large, visage comely, and speech witty and bold. He was a great voluptuary, and companion of the high court rakes, as Ken, Guy, &c. whose merits, for aught I know, might prefer him. His debaucheries were egregious, and his life loose; which made the Lord Chief Justice Hales detest him. He kept himself very poor; and, when he was arrested by King's Bench process, Hale would not allow him the privilege of a Serjeant; as is touched elsewhere. He had a true libertine principle. He was preferred for professing loyalty: but Oates coming forward with
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 tobk the opportunity, and desired his lordship to tell him seriously, if my Lord Shaftesbury had really so great power with the King as lie 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 hisnest; 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 nohle 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 r 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 rulerj 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