This was in the so-called ‘Convention Parliament;’ and we give Macaulay’s notice of the new Member’s first appearance in the House of Commons. After enumerating the names of many political veterans, he says: ‘But they were speedily thrown into shade by two young Whigs, who, on this great day, took their seats for the first time, and soon rose to the highest honours of the State, who weathered the fiercest storms of faction together, and, having been long and widely renowned as statesmen, as orators, and as munificent patrons of genius and learning, died within a few months of each other. These were Charles Montagu and John Som̅ers.’
The latter led the debate in the Lower House, and in his maiden speech, which was considered a model of eloquence, he maintained that James, by his flight and abdication, had forfeited all claim to allegiance, and he drew up a manifesto to that effect, declaring the throne of England to be vacant.
He was thus most instrumental in the passing of the Exclusion Bill, which precluded the succession of a Popish Prince to the Crown of England. In all the differences of opinion which now ensued between the two Houses, John Som̅ers zealously supported the claims of William and Mary. He also gained lasting renown by the declaration that he drew up for classing under general heads ‘such things as were necessary for the better security of our religion, laws, and liberties.’ Hence sprang the world-famed Bill of Rights, with which the name of John Som̅ers is indissolubly connected. William and Mary were proclaimed King and Queen; Lord Shrewsbury made his friend, and that friend’s merits, known to the new Sovereigns; and Sir John Som̅ers, Knight, was appointed Solicitor-General. He now took a prominent part in every public question of importance, evincing the utmost consistency in his opinions and principles; and his biographer and earnest admirer, Lord Campbell, appears never to have found fault with his administration of justice, excepting in one instance, namely, the course he pursued with regard to a Bill for regulating high treason—a question we leave to judicial minds. But the same pen awards him great praise for the manner in which he conducted prosecutions before Courts of Justice, which he designates as ‘mild, candid, and merciful.’ Speaking of the trial of Lord Preston and others for high treason (the first State trial of the reign), in which his moderation and humanity were universally extolled, Som̅ers himself said: ‘I did never think that it was the part of any, who were counsel for the King in cases of this nature, to aggravate the crime of the prisoners, or to put false colours on the evidence.’
Indeed, the manner in which these trials were conducted formed an epoch in legal annals, contrasting brilliantly with the injustice and cruelty which had characterised former tribunals. Lord Preston, though found guilty, and sentenced to death, owed his respite and subsequent pardon to the recommendation of Sir John Som̅ers.
When war was declared with France, it was the Solicitor-General who drew up the declaration; and in 1692 he was promoted to the office of Attorney-General, and shortly afterwards chosen counsel for the plaintiff in the first trial for criminal conversation, i.e. the Duke of Norfolk versus Sir John Germaine. But the divorce was not granted till after Som̅ers became Chancellor. In 1693 he was again returned for Worcester, and a few days afterwards the Great Seal of England was intrusted to his keeping, and he took his seat at the Council Board. Evelyn thus records the event: ‘The Attorney-General Som̅ers made Lord Keeper, a young lawyer of extraordinary merit.’
The appointment (with the exception, naturally, of adverse politicians) was generally popular. Burnet says: ‘Som̅ers is very learned in his own profession, with a great deal more learning in other professions,—divinity, philosophy, and history.’
He had great capacity for business, a fair and gentle temper, having all the patience and softness, as well as the justice and equity, becoming a great magistrate. He had always agreed in his notions with the Whigs, and had striven to bring them to better thoughts of the King, and greater confidence in him. During the seven years he presided in the Court of Chancery he won golden opinions, having most important judicial duties to perform, and acting on several occasions as Lord Steward in State trials. A close friendship now existed between the King and Som̅ers, but the latter knew how to uphold both his personal and official dignity, which he proved in a most remarkable manner at the beginning of this reign, in a passage of arms that occurred between his Royal master and himself. During the time that the Seal was in commission, his Majesty had exercised unlimited judicial patronage, and conceived the idea of continuing to do so, unquestioned. He was on the eve of embarking for Flanders at the time of Som̅ers’s appointment, and he sent Lord Nottingham to the new Minister, with orders to make out patents for the Chief Baron of the Exchequer, the Chief-Justice of Chester, and for the Attorney-General. This cavalier manner of proceeding did not suit Sir John Som̅ers, and as the King was still detained at Harwich, waiting for favourable winds, he wrote a respectful but resolute letter to his Majesty on the subject, pointing out, in clear, distinct terms, that, under the conditions imposed on him, he must tender his resignation—Anglicè, he would not accept a post shorn of all judicial patronage. The King responded nobly to this straightforward appeal, declined the resignation, paid the Lord Keeper the highest tribute as to ability and fitness for the great office, announced his intention of non-interference for the future, but ended by the hope that Som̅ers would take the names of the candidates already mentioned into consideration.
In fact, this short misunderstanding increased and cemented the cordiality between King and Minister. The three men William had named were continued, but the office of Attorney-General soon after falling vacant, was filled up by a nominee of Som̅ers’s own selection. Although he declined the offer of a Peerage, he sat in the House of Lords as Speaker, and exercised a weighty influence over William’s opinions. On the subject of ‘unlicensed printing,’ the liberal King and the liberal Minister were agreed, and the Bill was passed by which, says Macaulay, ‘English literature was emancipated for ever.’
It was strange how little excitement was caused by so great an event. Neither Evelyn nor Luttrell allude to it in their Diaries, and the Dutch Minister forgot to mention it in his despatches.
However, from this time forth, the liberty of the Press was assured; and ‘now we have only to be watchful,’ Lord Campbell sapiently remarks, ‘lest the Press itself be not turned into an engine of tyranny.’