man who had never before
shrunk from any drudgery, however cruel or servile, now held in the
royal closet language which might have become the lips of the purest
magistrates in our history. He was plainly told that he must either
give up his opinion or his place. "For my place," he answered, "I care
little. I am old and worn out in the service of the crown; but I am
mortified to find that your Majesty thinks me capable of giving a
judgment which none but an ignorant or a dishonest man could give." "I
am determined," said the King, "to have twelve Judges who will be all
of my mind as to this matter." "Your Majesty," answered Jones, "may
find twelve Judges of your mind, but hardly twelve lawyers." [82] He was
dismissed together with Montague, Chief Baron of the Exchequer, and
two puisne Judges, Neville and Charlton. One of the new Judges was
Christopher Milton, younger brother of the great poet. Of Christopher
little is known except that, in the time of the civil war, he had been
a Royalist, and that he now, in his old age, leaned towards Popery. It
does not appear that he was ever formally reconciled to the Church of
Rome: but he certainly had scruples about communicating with the Church
of England, and had therefore a strong interest in supporting the
dispensing power. [83]

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 th