so many incidents in all ages had
given too much foundation. Near fifty thousand refugees passed over into
England; and all men were disposed, from their representations, to
entertain, the utmost horror against the projects which they apprehended
to be formed by the king for the abolition of the Protestant religion.
When a prince of so much humanity and of such signal prudence as Lewis
could be engaged, by the bigotry of his religion alone, without any
provocation, to embrace such sanguinary and impolitic measures, what
might be dreaded, they asked, from James, who was so much inferior in
these virtues, and who had already been irritated by such obstinate and
violent opposition? In vain did the king affect to throw the highest
blame on the persecutions in France: in vain did he afford the most real
protection and assistance to the distressed Hugonots. All these symptoms
of toleration were regarded as insidious; opposite to the avowed
principles of his sect, and belied by the severe administration which he
himself had exercised against the nonconformists in Scotland.

The smallest approach towards the introduction of Popery, must, in the
present disposition of the people, have afforded reason of jealousy;
much more so wide a step as that of dispensing with the tests, the sole
security which the nation, being disappointed of the exclusion bill,
found provided against those dreaded innovations. Yet was the king
resolute to persevere in his purpose; and having failed in bringing over
the parliament, he made an attempt, with more success, for establishing
his dispensing power by a verdict of the judges. Sir Edward Hales, a
new proselyte, had accepted a commission of colonel; and directions
were given his coachman to prosecute him for the penalty of five hundred
pounds, which the law, establishing the tests, had granted to informers.
By this feigned action the king hoped, both from the authority of the
decision, and the reason of the thing, to put an end to all questions
with regard to his dispensing power.

It could not be expected that the lawyers appointed to plead against
Hales would exert great force on that occasion: but the cause was
regarded with such anxiety by the public, that it has been thoroughly
canvassed in several elaborate discourses;[*] and could men divest
themselves of prejudice, there want not sufficient materials on which to
form a true judgment.

* Particularly Sir Edward Herbert's defence in th