such a proposition by abstract arguments upon what is called the theory of the British Constitution, it has been so repeatedly acted upon in several periods of our history, that even in the time of Charles II. the practice had, as Somers justly contended, to all intents and purposes established and sanctioned the principle. An excellent tract upon the same subject, entitled ‘A just and modest Vindication of the two last Parliaments,’ which appeared shortly after the breaking up of the Oxford Parliament in March, 1681, has been partly ascribed to Somers. Burnet says that this tract, which he characterizes as “the best writ paper in all that time,” was at first penned by Algernon Sidney, but that a new draught was made by Somers, which was corrected by Sir William Jones. Upon occasion of the attempt of the Court party in 1681, by the illegal examination of witnesses under the direction of the King’s Counsel in open court, to induce a grand jury at the Old Bailey to find a true bill for high treason against the Earl of Shaftsbury, Mr. Somers wrote his celebrated tract entitled ‘The Security of Englishmen’s Lives, or the Trust, Power, and Duty of the Grand Juries of England explained.’ Of this work, Bishop Burnet says, “It passed as writ by Lord Essex, though I understood afterwards it was writ by Somers, who was much esteemed, and often visited by Lord Essex, and who trusted himself to him, and writ the best papers that came out in that time.” In later times, this work has been universally ascribed to Somers. During his residence at Oxford, Somers was not inattentive to polite literature; he published a translation of some of Ovid’s Epistles into English verse, which at the same time that it shows that he could never have borne so distinguished a rank as a poet, as he afterwards attained as a lawyer and statesman, is by no means a contemptible performance. His translations from Ovid, and a version of Plutarch’s Life of Alcibiades, are the only published proofs of his classical studies at Oxford.
In the year 1682 he removed to London, and immediately commenced an assiduous attendance upon the courts of law, which at that time was considered as the highway of the legal profession. Under the powerful patronage of Sir Francis Winnington, who had been Solicitor-General, and was then in the full stream of business, he rose with considerable rapidity into good practice at the bar. In 1683 he appeared as junior counsel to Winnington in the defence to an important political prosecution instituted against Pilkington and Shute, with several other persons, for a riot at the election of sheriffs for the city of London. His employment in a case of so much public expectation may be taken as a proof that at that time his professional merits were in some degree appreciated; and in the reign of James II. his practice is said to have produced £700 a-year, which at that time was a very large income for a common lawyer of five years’ standing. But such was the character for research and industry which he had attained within a very few years from the commencement of his professional career, that on the trial of the Seven Bishops in 1688, he was introduced as counsel into that momentous cause at the express and peremptory recommendation of Pollexfen, one of the greatest lawyers of that day. The rank of the defendants, the personal interest of the King in the question at issue, the general expectation excited by this conflict amongst all classes of the people, and above all, the event of the prosecution which drove James from his throne and kingdom, and immediately introduced the Revolution of 1688, render the trial of the Seven Bishops one of the most important judicial proceedings that ever occurred in Westminster Hall. It was no trifling testimony, therefore, to the high estimation in which Somers was held by experienced judges of professional merit, that he should be expressly selected by the counsel for the defendants to bear a part in the defence. We are told that upon the first suggestion of Somers’s name, “objection was made amongst the Bishops to him, as too young and obscure a man; but old Pollexfen insisted upon him, and would not be himself retained without the other; representing him as the man who would take most pains and go deepest into all that depended on precedents and records[1].” How far the leading counsel for the Bishops were indebted to the industry and research of Somers, for the extent of learning displayed in their admirable arguments on that occasion, cannot now be ascertained; his own speech, as reported in the State Trials, contains a summary of the constitutional reasons against the existence of a dispensing power in the King, expressed in clear and unaffected language, and applied with peculiar skill and judgment to the defence of his clients.
The intimate connexion of Somers with the leaders of that political party by whom the Revolution was effected, and in particular with his early friend Lord Shrewsbury, leaves little room for doubt that he was actively employed in devising the means by which that important event was brought about. It is said by Tindal that he was admitted into the most secret councils of the Prince of Orange, and was one of those who planned the measure of bringing him over to England. Immediately upon the flight of James II., the Prince of Orange, by the advice of the temporary assembly which he had convened as the most proper representative of the people in the emergency of the time, issued circular letters to the several counties, cities, and boroughs of England, directing them to summon a Parliamentary Convention. On this occasion Mr. Somers was returned as a representative by his native city of Worcester. We find him taking a conspicuous part in the long and laborious debates which took place in that assembly respecting the settlement of the government. Upon a conference with the Lords upon the resolution, “that James II. having withdrawn himself out of the kingdom had abdicated the government, and that the throne had thereby become vacant,” Mr. Somers spoke at great length, and with much learning, in support of the original resolution against some amendments proposed by the Lords. This resolution having been ultimately adopted by both Houses of Parliament, and the Prince and Princess of Orange having been declared King and Queen of England, a committee was appointed, of which Somers was a member, to bring in heads of such things as were necessary for securing the Protestant religion, the laws of the land, and the liberties of the people. The Report of this Committee, which was a most elaborate performance, having been submitted to the examination of a second committee, of which Somers was chairman, formed the substance of the Declaration of Rights which was afterwards assented to by the King and Queen and both Houses of Parliament, and thus adopted as the basis of the Constitution.
It is impossible to ascertain with precision the particular services rendered by Somers in the accomplishment of this great measure. There was perhaps no individual at that moment in existence who was so well qualified to lend important aid in conducting his country with safety through the difficulties and dangers of a change of government, and in placing the interests of the nation upon a secure and solid foundation. Fortunate was it for the people of England and their posterity that the services of a man of his industry and settled principles, of his sound constitutional information, and his rational and enlightened views of the relative rights and duties of kings and subjects, were at that critical juncture available to his country; and that, at the instant of the occurrence of this momentous revolution, his character was sufficiently known and appreciated to render those services fully effective.
Shortly after the accession of William and Mary, Somers was appointed Solicitor-General, and received the honour of knighthood. Bishop Burnet says, that in the warm debates which took place in Parliament on the bill respecting the recognition of the King and Queen, and the validity of the new settlement of the government, it was strongly objected by the Tories that the convention, not being summoned by the King’s writ, had no legal sanction; and that Somers distinguished himself by the spirited and able manner in which he answered the objection. “He spoke,” says Burnet, “with such zeal and such an ascendant of authority that none were prepared to answer it; so that the bill passed without more opposition. This was a great service done in a very critical time, and contributed not a little to raise Somers’s character.”
In April, 1692, Sir John Somers became Attorney-General, and in the month of March following was appointed Lord-Keeper of the Great Seal. While he presided in the Court of Chancery as Lord-Keeper, he delivered his celebrated judgment in the Bankers’ case, which Mr. Hargrave describes as “one of the most elaborate arguments ever delivered in Westminster Hall.” It is said that Lord Somers expended several hundred pounds in collecting books and pamphlets for this argument. In 1697 he was appointed Lord Chancellor, and raised to the peerage, with the title of Baron Somers of Evesham.
In the year immediately succeeding his elevation to the peerage, it was the fate of Lord Somers to experience the virulence of party animosity, and the selfishness and instability of royal
