from descent or election, but, as if to guard against having their own act used as a precedent, they inserted a solemn renunciation of any right which they or their posterity might have to deprive William's descendants of the throne thus conferred on them; using those remarkable words so much dwelt upon by Burke, in his "Letters on the French Revolution," "the said Lords, spiritual and temporal, and Commons, do, in the name of all the people aforesaid, most humbly and faithfully submit themselves, their heirs, and posterities, for ever."

circumstance of James's withdrawal from the kingdom was adroitly brought in, and the word "abdicated " used, as a milder term than that of "forfeited." The Lords now proposed to substitute the still milder term, deserted," and to omit the clause which declared the throne vacant. To declare the throne vacant was to imply that the next who should fill it would derive his title from election; to omit this clause was to infer that James's cession of his right was only personal, not affecting his heirs, and that Mary came in by right of inheritance. The question really at issue between the Houses was no less than this; whether William should be looked upon as the founder of a new dynasty, or simply as reigning in right of his wife, considering her as the rightful heir of the Stuarts. Both parties, it is needless to observe, at that time believed, or affected to believe, that the Pretender was not the son of James and his queen. It was the question between Divine right, and the right of Parliament,

But while the Whigs were thus solicitous not needlessly to weaken the prestige of royalty, they were equally careful not to run into the other extreme. They were resolved to give the death-blow to those delusions concerning the Divine right of kings, which, during the previous reigns, had had so pernicious an effect both on the monarch and on the people. Before inducting William to the throne, they wished him to understand that his new dignity was between a monarchy descending from merely that of the first magistrate of a free people. They also desired to let him feel, though they might not wish to make it too palpable to the multitude, that he was receiving the crown as the gift of the Parliament; in order that, holding of them, he might learn a due respect for their authority. This disposition was displayed more strongly in the Commons than in the Lords; and hence arose a discussion between the two Houses, in which we find Somers, who had been elected member for Worcester, taking a very prominent part.

The Commons had agreed to a resolution, drawn up by Somers, in the following terms: "That king James II., having endeavored to subvert the constitution of this kingdom, by breaking the original contract between the king and the people, and by the advice of Jesuits and other wicked persons, having violated the fundamental laws, and having withdrawn himself out of this kingdom, has abdicated the government, and that the throne is thereby made vacant." When this resolution was brought up to the Lords, the majority of the latter house proposed to make a material alteration of it. The terms of the resolution, it will be observed, establish the doctrine that the king of Great Britain derives his title from the consent of the people, and may be deposed if he violates the fundamental laws. It was not thought prudent to enounce this doctrine very distinctly, and, therefore, the

heaven, and a monarchy established by and for the people, that was now agitated. The manner in which this great controversy was conducted was not precisely answerable to the importance of the question at issue. It is thus described by Lord Campbell:

"Then followed the celebrated Free Conference' between the two Houses, which was conthe managers for the Commons, and, he, being Somers was one of ducted by vivâ voce debate. pitted against the Earl of Nottingham, the cause of abdication and the vacancy of the throne' rested chiefly on his shoulders. It must be confessed that the speeches on this occasion are by no means what might have been expected from enlightened and rather remind us of the quibbling argumentastatesmen settling the constitution of a great nation, tions of pleaders in a court of law on a special demurrer to a declaration or plea for want of form. Somers defends the word 'abdicate' by quotations from Grotius, Calvin's Lexicon Juridicum,' 'Bressonius de Verborum Significatione,' Budæus, Pralejus, and Spicilegius; and then he falls foul of the word desert, which, from its etymology and its use, he contends is wholly inapplicable to a lary relinquishment with the power of resumption. permanent renunciation, and means only a volunThe vacancy of the throne, he chiefly defends from the record in 1 Hen. IV., where it is said that, upon the deposition of Richard II., ‘sedes regalis fuit vacua, et confestim, ut constabat ex præmissis, regnum Anglia vacare then Henry and claims the crown,- dictum regnum Anglia riseth up out of his place as Duke of Lancaster, sicut præmittitur vacans, unà cum corona vindicat? Yet it is to Mr. Somers' reasons, such as they are, that Northampton and the other managers for the Lords

chiefly apply themselves, in supporting their word in his company." And to the same effect desert,' and insisting that, by the constitution of is the anecdote related by all his biograEngland, the throne can never by possibility be, phers:in contemplation of the law, one moment vacant. Amidst these technicalities, the real struggle was whether there should be a change of dynasty, or the experiment should be made of Protestant regents governing in the name of Popish sovereigns Somers and the Whigs were not only afraid of the public confusion which might follow from such an anomalous administration of the government, but were strongly convinced that there could be no permanent reformation of abuses, till, by a break in the succession, the doctrines of Divine right' should be necessarily renounced and discountenanced by the family on the throne."-pp. 93, 94.

"His father," says Lord Campbell, " used to visit London during the terms, the system of agency between country and London attorneys not being then established; and, on his way, he usually left his horse at the George Inn, at Acton, where he often mentioned his hopeful son at the Temple.' The landlord, one day, in reply to his panegyrics, said, why don't you let us see him, sir? Mr. Somers, in consequence, requested his turn home; but, on his arrival at the George, takson to accompany him as far as Acton, on his reing the landlord aside, said, I have brought him, Cobbett; but you must not talk to him as you talk to me: he will not suffer such fellows as you,in his company."-Camp., pp. 71, 72.

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Lord Campbell here seems to adopt the sentiment of Bolingbroke, who says, "the dispute about the word 'abdicate' or 'desert,' might have been expected in some as- Somers also took a very prominent part in sembly of pedants, where young students that memorable debate, the result of which exercised themselves in disputation, but was to establish on the firmest basis the not in such an august assembly of the Lords power of the Commons, and the modern and Commons in solemn conference upon system of "responsible government,"-the the most important occasion." Possibly debate on the settling of the revenue. it would have been more dignified to have the accession of Charles II., and on that of followed the example of the Scottish Par-James, the Commons had settled on the liament, which came to a direct vote that king for life a revenue equal to the ordinary James had "forefaulted" the crown; but exigencies of government, merely leaving the fault, if fault there were, was not that extraordinary demands to be met by a temof pedantry, but of timidity. It can hardly be supposed that the speakers attached any real weight to the arguments they heard or used probably there was a very different kind of discussion going on along the benches and round the fireplaces; but it was not thought wise to expose the mysteries of state to the vulgar gaze; and it was necessary to salve the dignity of the Lords, by offering them ostensible reasons that might seem to justify a change of conduct. However, Somers and his party prevailed: the throne was declared vacant.

The part taken by Somers in this transaction serves to show how great an ascendant the young barrister had gained with his party, and how much he was already looked up to as one of its leaders. This elevation was the pure effect of his personal character; it was a homage paid, not so much to intellect, as to integrity and singleness of purpose. From a very early age, Somers had been accustomed to inspire all who knew him with a peculiar and involuntary respect. This is no doubt the meaning of Seward, when he informs us that, when Somers was quite a youth, "by the exactness of his knowledge and behavior, he discouraged his father and all the young men that knew him; they were afraid to be

porary grant. At the Restoration, the expenditure was estimated at 1,200,000l. per annum; to meet which, the excise and customs duties were bestowed on the king for life. Owing to the increase of trade, the income derived from these sources at last exceeded 1,500,000l. a year; and, though Charles's prodigality made even this insufficient, it was a sum that might have rendered a prudent monarch totally independent of his parliament. When the throne was conferred on William, it was proposed to place his revenue on the same footing as that of his predecessors. But Somers and his party, though they were pre-eminently "the king's friends," and though all their hopes of power depended on the king's favor, resisted this suggestion. After a long debate, they prevailed on the Commons to settle the greater portion of the revenue in a manner which made the continuance of it dependent on an annual vote of the House. From that time forth, it became impossible for the most arbitrary prince to dispense with the yearly convening of Parliament, or to retain in his service ministers from whom the Commons should withhold their confidence. This measure is therefore to be reckoned as the most important result of the Revolution of 1688.

Somers's political services, joined to his priving him of his honors would have alreputation as a sound and accomplished layed the animosity of the other faction; lawyer, naturally pointed him out as a sub- but nothing would satisfy the Tories except ject for promotion. He was made Solici- an impeachment. A variety of charges tor and Attorney General, and rose through were brought against the ex-Chancellor, the regular gradations, "always," accord- frivolous and vexatious in the highest deing to Addison, "looked upon as one who gree, with one exception, that which relatdeserved a superior station to that he was ed to his conduct on the Barrier Treaty. It possessed of," until he reached the summit was this, in fact, which had been the cause of a lawyer's ambition, and took his seat in of his temporary unpopularity. It appears the Court of Chancery. Here he presided that William, while he left the internal adwith universal satisfaction. In an age when ministration of the country pretty much to party-spirit ran so high as to scruple at no his ministers, was accustomed to act as his extreme of slander or scurrility, and in own minister in all that related to foreign which even his own political and private affairs, wars, treaties, and negotiations. conduct were maligned by his enemies with- He had resolved to enter into that arrangeout mercy, his administration of the law was ment with Louis XIV., for the partition of so faultless that calumny itself never ventur- Spain, which goes by the name of the ed to assail it. With this negative tribute First Barrier Treaty. He had announced to his praise we must rest contented; his intention to Somers, and commanded for the crude and scanty reports of his de- him to send a commission under the great cisions, given by Vernon and Peere Wil- seal, in blank, for the appointment of liams, afford, as Lord Campbell tells us, no persons to negotiate. Somers found reason means of appreciating his judicial excel- highly to disapprove of the negotiation, lence. and remonstrated with the king; but he But Somers, like many other eminent sent the commission. The king paid no men, was to learn the lesson, that no pub- attention to his reasons, and completed a lic services can secure the lasting gratitude treaty, which proved most unpopular in of the multitude, or defend the author of this country. When all this became known, them from the fluctuations of party-feeling. a storm of indignation fell on the head of Seven years of war and taxes had brought Somers. The Tories, adopting for a purthe Whigs to unpopularity; their parlia- pose the principles of their adversaries, mentary majority was melting away; and, held that the king's command was no one by one, their leaders were made the justification of his minister, and that subject of attack, and driven from the Somers, having set the seals to the comcouncils of the king. Somers had his turn. mission and the treaty, was personally The commons addressed the king to re- responsible for those acts. According to move him from the woolsack, and William modern practice, Somers should be looked reluctantly complied. His enemies hurried upon as sharing that responsibility with on his dismissal with so much precipitancy, the other members of the cabinet; but in that the seals were taken from him before a William's reign, a cabinet council, though successor was fixed upon or even sought for. no doubt always existing, was not an orIt was no easy matter to fill up the vacancy. ganized and recognised body as at present. The instability of the administration, and According to the practice of the time, the dread of so severe a test of fitness as Somers seems to have done nothing imawaited the successor of Somers, made the proper: but according to the theoretical more eminent members of the bar succes- doctrines of that constitutional party to sively decline the seals; and it was not which he belonged, he ought to have refused without hesitation that they were accepted to perform the king's commands until they by a dull Nisi Prius barrister, one Sir should have received the sanction of the Nathan Wright, whose misplaced elevation Privy Council. This ancient and honoronly rendered him a butt for ridicule. So able body, however, had already grown too great indeed was the embarrassment of the numerous to be useful for executive purministry, that a scheme was set on foot for poses. Things were in a state of transition; putting the seals into commission for a privy councils were losing their jurisdiction, while, and restoring them to Somers when while cabinet councils had scarcely acquired the clamor should have blown over. theirs. This circumstance, which makes Somers's friends had hoped that the de- the reign of William so interesting to the VOL. XII. No. III.

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student of political history, makes it diffi- accused for an indefinite period. But this cult to pronounce a positive opinion as to Somers would not submit to. His friends the conduct of Somers in this business. in the Lords assisted him in forcing the While the debate touching his impeach-question to an issue, by repeatedly urging ment was proceeding in the Commons, Lord the Commons to name a day for bringing Somers, with the boldness of a man con- up their evidence; and at last when these scious of integrity, went down to the House attempts were found fruitless, by themand demanded to be heard in his own de- selves naming a day, on which the Lords fence. This was granted, and a chair was resolved they would positively proceed to a set for the ex-Chancellor a little within the trial, whether the prosecutors should appear bar. He then entered into a defence of his or not. The Commons, either affronted at conduct relative to the matters laid to his what they considered a discourtesy, or charge, and particularly to the Barrier perhaps not displeased to find a pretext for Treaty. He is reported to have said, "that abandoning a prosecution which was sure to he thought it would be taking too much up- be unpopular, resolved not to attend on the on himself if he should have put a stop to day appointed. Accordingly the day of a treaty of such consequence; that the trial came; the Lord High Steward's king's letter requiring the blank commis- Court was convened with all due solemnity; sions, he construed as a warrant which he the judges took their places, the audience was bound to obey: that the treaty being thronged the hall, and the accused answered concluded, he put the great seal to it by to his name: and then, no one appearing the king's command, as he thought he was to prosecute, the Lords pronounced by a bound to do." In another part of his majority of 56 to 31, That John Lord speech he draws a distinction between his Somers be acquitted of the articles of imduty as a privy counsellor and his duty as a peachment against him exhibited by the chancellor, arguing that in the one charac- House of Commons, and all things therein ter he was bound to advise, and in the other contained, and that the said impeachment to obey. After having thus spoken, he be dismissed." withdrew. His defence is said to have made such an impression, that, if the House had gone to the vote immediately, the majority would have certainly been for letting the prosecution drop. Sir R. Walpole, then a very young member, took Somers's part warmly, and voted in his favor; but, with his usual tact, abstained from speaking, that the effect of the Chancellor's arguments might not be weakened by an angry discussion. But Somers had other friends who were not equally discreet, and who assisted his adversaries in drawing out the debate till midnight. When the House divided, a majority of ten, out of nearly four hundred present, voted "That John Lord Somers, by advising his Majesty in the year 1698, to the Treaty for Partition of the Spanish monarchy, whereby large territories of the king of Spain's dominions were to be delivered up to France, was guilty of a high crime and misdemeanor."

Notwithstanding this vote, the zeal of the Commons seems to have been cooled down. Perhaps the parties in the House were too nearly balanced to admit of a very energetic course of conduct. They would neither drop the impeachment nor carry it forward, and seemed disposed to keep it hanging over the head of the

A calm review of the proceedings connected with this singular impeachment must satisfy any impartial mind, we think, that whatever may have been the misconduct of Somers in this affair of the treaty, the impeachment of him was a mere outbreak of party violence; that the advocates of it were precisely those whose principles most inclined them to look leniently on conduct which was only faulty so far as it savored of undue deference to the crown; and that it was not Somers's error in this particular case, but that great error in the eyes of the ultra Tories-his share in the bringing over of the Prince of Orange-which was the true ground of this attack on him. Party-spirit was then at a height now scarcely credible; but the Tories themselves were before long ashamed of having persecuted this great man.

During the remainder of William's reign, and the early part of that of Anne, Somers saw himself excluded from favor, and his personal enemies, Godolphin and Marlborough, at the head of affairs. Nevertheless, finding the administration gradually conforming itself more and more to the old Whig principles, of which he himself was so consistent an adherent, and finding it assailed by the Tories under Bolingbroke and

Oxford, Somers, to his infinite credit in that corrupt age, remained a steady supporter of government.

During this period, Somers acted as one of the Commissioners appointed respectively by the Parliaments of England and Scotland, to arrange the terms of an union between the two countries. It is said, and there seems no reason to doubt it, that the negotiation was chiefly conducted by him, and that to his prudence and sagacity it mainly owed its success.

war, and the clamor for peace brought in the Tories, Somers went into opposition, and continued so till Queen Anne's death. During the last years of her reign, his health and mental faculties became gradually undermined; and, though he took a part, as a privy councillor, in welcoming George 1., he was no longer fit for public life. For some time before his death he was reduced to a melancholy state of torpor and lethargy, which was terminated by a fit of apoplexy on the 26th April, 1716, in the 55th year of his age.

In the autumn of 1708, a change was made in the position of Lord Somers, by The character of Lord Somers has been the death of Prince George of Denmark. drawn by so many skilful hands, that it The prince, for some reason unknown, would seem equally needless and presumpseems to have taken a dislike to Somers; tuous to enlarge upon it here. Its distinand in spite of that abstinence from poli- guishing property was dignity, a dignity tical interference which is commonly looked arising from self-respect, and inspiring upon as the prince's chief virtue, his feel- respect in others, a dignity which made ing was so far manifested as to keep Lord him shun, as beneath himself, the applauses Somers out of office during his lifetime. of men who could not appreciate him,Upon his death, the latter was made Pre- which kept him clear of every action and sident of the Council. During the short thought that was dishonorable,-guarded period of his holding this post, the Whigs him alike from precipitancy in forming or were in their most flourishing state, Marl- announcing his convictions, and from lightborough's victories having given a lustre to ness in abandoning them; and held him their administration, which for awhile com- forth to his contemporaries, in an age when pelled the queen to dissemble her partiality public virtue was rare indeed, a spectacle for their adversaries. According to the of pure unsullied integrity. To this he Duchess of Marlborough, Anne was pre-joined all the amenities which gain pervailed upon by Harley or Bolingbroke to sonal friends, and make the happiness of play upon Somers's ambition, with the hope, private life. Neither the cares of law nor apparently, of winning him over to the Tories.

humous eulogy of his benefactor, which will preserve his memory as long as the English language shall exist, and in the words of which we may here conclude:

statesmanship could extinguish his taste for elegant literature and the fine arts. He "I remember," says the duchess, "to have was a liberal and a discerning patron. It been at several of Lord Somers' conversations is to him that Addison owed the leisure and with Queen Anne, to fill out their tea, and wash competency which enabled him to write the their cups. 'Tis certain that as soon as he got" Spectator," and to pronounce that postinto his post, to obtain which I so often urged the Queen, he made his court to Abigail [Mrs. Masham], and very seldom came to me; and it is true that Lord Oxford and St. John used to laugh in their cups-which came out by Lord Devonshire-that they had instructed the Queen to behave so as to make Lord Somers think he should be her chief minister. She could act a part very well when her lesson was given her; and in a little time it appeared very plain to the Duke of Marlborough and Lord Godolphin, that Somers thought of nothing so much as to flatter the Queen, and went to her personally in private."-Camp., p.

203.

"He had worn himself out in his application to such studies as made him useful or ornamental to the world, in concerting schemes for the welfare of his country, and in prosecuting such measures as were necessary for making those schemes effectual; but all this was done with a view to the public good that should arise of these generous endeavors, and not of the fame that should accrue to himself. Let the reputation of the action fall But any expectation of detaching Somers where it would, so his country reaped the benefit from the Whigs must have been founded on of it, he was satisfied. As this turn of mind an ignorance of his character. He adhered threw off, in a great measure, the oppositions of to his opinions through many vicissitudes envy and competition, it enabled him to gain the most vain and impracticable into his designs, and of fortune, with a constancy which no mo- to bring about several great events for the safety tives of personal ambition or interest could and advantage of the public which must have died shake. When the people grew tired of in the birth had he been as desirous of appearing