From Burnet the opposition went back to Somers. Some Crown property near Reigate had been granted to Somers by the King. In this transaction there was nothing that deserved blame. The Great Seal ought always to be held by a lawyer of the highest distinction; nor can such a lawyer discharge his duties in a perfectly efficient manner unless, with the Great Seal, he accepts a peerage. But he may not have accumulated a fortune such as will alone suffice to support a peerage; his peerage is permanent; and his tenure of the Great Seal is precarious. In a few weeks he may be dismissed from office, and may find that he has lost a lucrative profession, that he has got nothing but a costly dignity, that he has been transformed from a prosperous barrister into a mendicant lord. Such a risk no wise man will run. If, therefore, the state is to be well served in the highest civil post, it is absolutely necessary that a provision should be made for retired Chancellors. The Sovereign is now empowered by Act of Parliament to make such a provision out of the public revenue. In old times such a provision was ordinarily made out of the hereditary domain of the Crown. What had been bestowed on Somers appears to have amounted, after all deductions, to a net income of about sixteen hundred a year, a sum which will hardly shock us who have seen at one time five retired Chancellors enjoying pensions of five thousand a year each. For the crime, however, of accepting this grant the leaders of the opposition hoped that they should be able to punish Somers with disgrace and ruin. One difficulty stood in the way. All that he had received was but a pittance when compared with the wealth with which some of his persecutors had been loaded by the last two kings of the House of Stuart. It was not easy to pass any censure on him which should not imply a still more severe censure on two generations of Granvilles, on two generations of Hydes, and on two generations of Finches. At last some ingenious Tory thought of a device by which it might be possible to strike the enemy without wounding friends. The grants of Charles and James had been made in time of peace; and William's grant to Somers had been made in time of war. Malice eagerly caught at this childish distinction.
It was moved that any minister who had been concerned in passing a grant for his own benefit while the nation was under the heavy taxes of the late war had violated his trust; as if the expenditure which is necessary to secure to the country a good administration of justice ought to be suspended by war; or as if it were not criminal in a government to squander the resources of the state in time of peace. The motion was made by James Brydges, eldest son of the Lord Chandos, the James Brydges who afterwards became Duke of Chandos, who raised a gigantic fortune out of war taxes, to squander it in comfortless and tasteless ostentation, and who is still remembered as the Timon of Pope's keen and brilliant satire. It was remarked as extraordinary that Brydges brought forward and defended his motion merely as the assertion of an abstract truth, and avoided all mention of the Chancellor.
It seemed still more extraordinary that Howe, whose whole eloquence consisted in cutting personalities, named nobody on this occasion, and contented himself with declaiming in general terms against corruption and profusion. It was plain that the enemies of Somers were at once urged forward by hatred and kept back by fear. They knew that they could not carry a resolution directly condemning him. They, therefore, cunningly brought forward a mere speculative proposition which many members might be willing to affirm without scrutinising it severely. But, as soon as the major premise had been admitted, the minor would be without difficulty established; and it would be impossible to avoid coming to the conclusion that Somers had violated his trust. Such tactics, however, have very seldom succeeded in English parliaments; for a little good sense and a little straightforwardness are quite sufficient to confound them. Asturdy Whig member, Sir Rowland Gwyn, disconcerted the whole scheme of operations. "Why this reserve?" he said, "Everybody knows your meaning. Everybody sees that you have not the courage to name the great man whom you are trying to destroy." "That is false," cried Brydges; and a stormy altercation followed. It soon appeared that innocence would again triumph. The two parties seemed to have exchanged characters for one day. The friends of the government, who in the Parliament were generally humble and timorous, took a high tone, and spoke as it becomes men to speak who are defending persecuted genius and virtue. The malecontents, generally so insolent and turbulent, seemed to be completely cowed. They abased themselves so low as to protest, what no human being could believe, that they had no intention of attacking the Chancellor, and had framed their resolution without any view to him. Howe, from whose lips scarcely any thing ever dropped but gall and poison, went so far as to say: "My Lord Somers is a man of eminent merit, of merit so eminent that, if he had made a slip, we might well overlook it." At a late hour the question was put; and the motion was rejected by a majority of fifty in a house of four hundred and nineteen members. It was long since there had been so large an attendance at a division.
The ignominious failure of the attacks on Somers and Burnet seemed to prove that the assembly was coming round to a better temper. But the temper of a House of Commons left without the guidance of a ministry is never to be trusted. "Nobody can tell today," said an experienced politician of that time, "what the majority may take it into their heads to do tomorrow." Already a storm was gathering in which the Constitution itself was in danger of perishing, and from which none of the three branches of the legislature escaped without serious damage.
