The speech which the King made at the opening of the session was skilfully framed for the purpose of conciliating the Houses. He came, he told them, to ask for their advice and assistance. He congratulated them on the victory of La Hogue. He acknowledged with much concern that the operations of the allies had been less successful by land than by sea; but he warmly declared that, both by land and by sea, the valour of his English subjects had been preeminently conspicuous. The distress of his people, he said, was his own; his interest was inseparable from theirs; it was painful to him to call on them to make sacrifices; but from sacrifices which were necessary to the safety of the English nation and of the Protestant religion no good Englishman and no good Protestant would shrink.344
The Commons thanked the King in cordial terms for his gracious speech.345 But the Lords were in a bad humour. Two of their body, Marlborough and Huntingdon, had, during the recess, when an invasion and an insurrection were hourly expected, been sent to the Tower, and were still under recognisances. Had a country gentleman or a merchant been taken up and held to bail on even slighter grounds at so alarming a crisis, the Lords would assuredly not have interfered. But they were easily moved to anger by any thing that looked like an indignity offered to their own order. They not only crossexamined with great severity Aaron Smith, the Solicitor of the Treasury, whose character, to say the truth, entitled him to little indulgence, but passed; by thirty-five votes to twenty-eight, a resolution implying a censure on the judges of the King’s Bench, men certainly not inferior in probity, and very far superior in legal learning, to any peer of the realm. The King thought it prudent to soothe the wounded pride of the nobility by ordering the recognisances to be cancelled; and with this concession the House was satisfied, to the great vexation of the Jacobites, who had hoped that the quarrel would be prosecuted to some fatal issue, and who, finding themselves disappointed, vented their spleen by railing at the tameness of the degenerate barons of England.346