According to the constitution of the realm, James possessed the right of naming almost all public functionaries, political, judicial, ecclesiastical, military, and naval. In the exercise of this right he was not, as our sovereigns now are, under the necessity of acting in conformity with the advice of ministers approved by the House of Commons. It was evident therefore that, unless he were strictly bound by law to bestow office on none but Protestants, it would be in his power to bestow office on none but Roman Catholics. The Roman Catholics were few in number; and among them was not a single man whose services could be seriously missed by the commonwealth. The proportion which they bore to the population of England was very much smaller than at present. For at present a constant stream of emigration runs from Ireland to our great towns: but in the seventeenth century there was not even in London an Irish colony. Forty-nine fiftieths of the inhabitants of the kingdom, forty-nine fiftieths of the property of the kingdom, almost all the political, legal, and military ability and knowledge to be found in the kingdom, were Protestant. Nevertheless the King, under a strong infatuation, had determined to use his vast patronage as a means of making proselytes. To be of his Church was, in his view, the first of all qualifications for office. To be of the national Church was a positive disqualification. He reprobated, it is true, in language which has been applauded by some credulous friends of religious liberty, the monstrous injustice of that test which excluded a small minority of the nation from public trust: but he was at the same time instituting a test which excluded the majority. He thought it hard that a man who was a good financier and a loyal subject should be excluded from the post of Lord Treasurer merely for being a Papist. But he had himself turned out a Lord Treasurer whom he admitted to be a good financier and a loyal subject merely for being a Protestant. He had repeatedly and distinctly declared his resolution never to put the white staff in the hands of any heretic. With many other great offices of state he had dealt in the same way. Already the Lord President, the Lord Privy Seal, the Lord Chamberlain, the Groom of the Stole, the First Lord of the Treasury, a Secretary of State, the Lord High Commissioner of Scotland, the Chancellor of Scotland, the Secretary of Scotland, were, or pretended to be, Roman Catholics.
Most of these functionaries had been bred Churchmen, and had been guilty of apostasy, open or secret, in order to obtain or to keep their high places. Every Protestant who still held an important post in the government held it in constant uncertainty and fear.
It would be endless to recount the situations of a lower rank which were filled by the favoured class. Roman Catholics already swarmed in every department of the public service. They were Lords Lieutenants, Deputy Lieutenants, judges, justices of the Peace, Commissioners of the Customs, Envoys to foreign courts, Colonels of regiments, Governors of fortresses. The share which in a few months they had obtained of the temporal patronage of the crown was much more than ten times as great as they would have had under an impartial system. Yet this was not the worst.
They were made rulers of the Church of England. Men who had assured the King that they held his faith sate in the High Commission, and exercised supreme jurisdiction in spiritual things over all the prelates and priests of the established religion. Ecclesiastical benefices of great dignity had been bestowed, some on avowed Papists, and some on half concealed Papists. And all this had been done while the laws against Popery were still unrepealed, and while James had still a strong interest in affecting respect for the rights of conscience. What then was his conduct likely to be, if his subjects consented to free him, by a legislative act, from even the shadow of restraint? Is it possible to doubt that Protestants would have been as effectually excluded from employment, by a strictly legal use of the royal prerogative, as ever Roman Catholics had been by Act of Parliament?
How obstinately James was determined to bestow on the members of his own Church a share of patronage altogether out of proportion to their numbers and importance is proved by the instructions which, in exile and old age, he drew up for the guidance of his son. It is impossible to read without mingled pity and derision those effusions of a mind on which all the discipline of experience and adversity had been exhausted in vain. The Pretender is advised if ever he should reign in England, to make a partition of offices, and carefully to reserve for the members of the Church of Rome a portion which might have sufficed for them if they had been one half instead of one fiftieth part of the nation. One Secretary of State, one Commissioner of the Treasury, the Secretary at War, the majority of the great dignitaries of the household, the majority of the officers of the army, are always to be Catholics. Such were the designs of James after his perverse bigotry had drawn on him a punishment which had appalled the whole world. Is it then possible to doubt what his conduct would have been if his people, deluded by the empty name of religious liberty, had suffered him to proceed without any check?
Even Penn, intemperate and undiscerning as was his zeal for the Declaration, seems to have felt that the partiality with which honours and emoluments were heaped on Roman Catholics, might not unnaturally excite the jealousy of the nation. He owned that, if the Test Act were repealed, the Protestants were entitled to an equivalent, and went so far as to suggest several equivalents.
