Later Career
Pemberton again returned to the bar and again acquired a substantial practice, acting successfully in the defence of the Seven Bishops. 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 son, Francis Pemberton, FRS (?1679–1762) also became a barriater.
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.
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