Another Whig of far higher character was called at the same time to a far higher place in the administration.  The Great Seal had now been four years in commission.  Since Maynard’s retirement, the constitution of the Court of Chancery had commanded little respect.  Trevor, who was the First Commissioner, wanted neither parts nor learning; but his integrity was with good reason suspected; and the duties which, as Speaker of the House of Commons, he had to perform during four or five months in the busiest part of every year, made it impossible for him to be an efficient judge in equity.  Every suitor complained that he had to wait a most unreasonable time for a judgment, and that, when at length a judgment had been pronounced, it was very likely to be reversed on appeal.  Meanwhile there was no efficient minister of justice, no great functionary to whom it especially belonged to advise the King touching the appointment of judges, of Counsel for the Crown, of Justices of the Peace.412 It was known that William was sensible of the inconvenience of this state of things; and, during several months, there had been flying rumours that a Lord Keeper or a Lord Chancellor would soon be appointed.413 The name most frequently mentioned was that of Nottingham.  But the same reasons which had prevented him from accepting the Great Seal in 1689 had, since that year, rather gained than lost strength.  William at length fixed his choice on Somers.

Somers was only in his forty-second year; and five years had not elapsed since, on the great day of the trial of the Bishops, his powers had first been made known to the world.  From that time his fame had been steadily and rapidly rising.  Neither in forensic nor in parliamentary eloquence had he any superior.  The consistency of his public conduct had gained for him the entire confidence of the Whigs; and the urbanity of his manners had conciliated the Tories.  It was not without great reluctance that he consented to quit an assembly over which he exercised an immense influence for an assembly where it would be necessary for him to sit in silence.  He had been but a short time in great practice.  His savings were small.  Not having the means of supporting a hereditary title, he must, if he accepted the high dignity which was offered to him, preside during some years in the Upper House without taking part in the debates.  The opinion of others, however, was that he would be more useful as head of the law than as head of the Whig party in the Commons.  He was sent for to Kensington, and called into the Council Chamber.  Caermarthen spoke in the name of the King.  “Sir John,” he said, “it is necessary for the public service that you should take this charge upon you; and I have it in command from His Majesty to say that he can admit of no excuse.”  Somers submitted.  The seal was delivered to him, with a patent which entitled him to a pension of two thousand a year from the day on which he should quit his office; and he was immediately sworn in a Privy Councillor and Lord Keeper.414