The History of England, from the Accession of James II — Volume 2Macaulay, Thomas Babington Macaulay, Baron
History
The History of England, from the Accession of James II — Volume 2
Macaulay, Thomas Babington Macaulay, Baron
Great Britain -- History -- James II, 1685-1688; Great Britain -- History -- William and Mary, 1689-1702
The King found his counsel as refractory as his Judges. The first
barrister who learned that he was expected to defend the dispensing
power was the Solicitor General, Heneage Finch. He peremptorily refused,
and was turned out of office on the following day. [84] The Attorney
General, Sawyer, was ordered to draw warrants authorising members of
the Church of Rome to hold benefices belonging to the Church of England.
Sawyer had been deeply concerned in some of the harshest and most
unjustifiable prosecutions of that age; and the Whigs abhorred him as a
man stained with the blood of Russell and Sidney: but on this occasion
he showed no want of honesty or of resolution. "Sir," said he, "this is
not merely to dispense with a statute; it is to annul the whole statute
law from the accession of Elizabeth to this day. I dare not do it; and I
implore your Majesty to consider whether such an attack upon the rights
of the Church be in accordance with your late gracious promises." [85]
Sawyer would have been instantly dismissed as Finch had been, if the
government could have found a successor: but this was no easy matter. It
was necessary for the protection of the rights of the crown that one
at least of the crown lawyers should be a man of learning, ability, and
experience; and no such man was willing to defend the dispensing power.
The Attorney General was therefore permitted to retain his place
during some months. Thomas Powis, an insignificant man, who had no
qualification for high employment except servility, was appointed
Solicitor.
Public-domain text, read in full here on John Shaqi.
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