the four were violent Tories, and that among them were men who
had accompanied Jeffreys on the Bloody Circuit, and who had
consented to the death of Cornish and of Elizabeth Gaunt. Jones,
the Chief Justice of the Common Pleas, a 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