Constitutional History of England, Henry VII to George II. Volume 3 of 3Hallam, Henry
History
Constitutional History of England, Henry VII to George II. Volume 3 of 3
Hallam, Henry
Constitutional history -- Great Britain
_King's intention to repeal the test act._--We know that the king's
intention was to obtain the repeal of the habeas corpus act, a law
which he reckoned as destructive of monarchy as the test was of the
catholic religion.[82] And I see no reason to suppose that he would
have failed of this, had he not given alarm to his high-church
parliament, by a premature manifestation of his design to fill the
civil and military employments with the professors of his own mode of
faith.
It has been doubted by Mr. Fox whether James had, in this part of his
reign, conceived the projects commonly imputed to him, of
overthrowing, or injuring by any direct acts of power, the protestant
establishment of this kingdom. Neither the copious extracts from
Barillon's correspondence with his own court, published by Sir John
Dalrymple and himself, nor the king's own memoirs, seem, in his
opinion, to warrant a conclusion that anything farther was intended
than to emancipate the Roman catholics from the severe restrictions of
the penal laws, securing the public exercise of their worship from
molestation, and to replace them upon an equality as to civil offices,
by abrogating the test act of the late reign.[83] We find nevertheless
a remarkable conversation of the king himself with the French
ambassador, which leaves an impression on the mind that his projects
were already irreconcilable with that pledge of support he had rather
unadvisedly given to the Anglican church at his accession. This
interpretation of his language is confirmed by the expressions used at
the same time by Sunderland, which are more unequivocal and point at
the complete establishment of the catholic religion.[84] The
particular care displayed by James in this conversation, and indeed
in so many notorious instances, to place the army, as far as possible,
in the command of catholic officers, has very much the appearance of
his looking towards the employment of force in overthrowing the
protestant church, as well as the civil privileges of his subjects.
Yet he probably entertained confident hopes, in the outset of his
reign, that he might not be driven to this necessity, or at least
should only have occasion to restrain a fanatical populace. He would
rely on the intrinsic excellence of his own religion, and still more
on the temptations that his favour would hold out. For the repeal of
the test would not have placed the two religions on a fair level.
Catholics, however little qualified, would have filled, as in fact
they did under the dispensing power, most of the principal stations in
the court, law, and army. The king told Barillon, he was well enough
acquainted with England to be assured, that the admissibility to
office would make more catholics than the right of saying mass
publicly. There was, on the one hand, a prevailing laxity of principle
in the higher ranks, and a corrupt devotedness to power for the sake
of the emoluments it could dispense, which encouraged the expectation
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