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
But, though his pretensions were moderate when compared with those which
he put forth a few months later, he soon found that he had against him
almost the whole sense of Westminster Hall. Four of the Judges gave him
to understand that they could not, on this occasion, serve his purpose;
and it is remarkable that all 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]
Public-domain text, read in full here on John Shaqi.
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