The commons seemed to vie with the lords in their zeal for the government. They brought in a bill for attainting the pretended prince of Wales, which being sent up to the other house, passed with an additional clause of attainder against the queen, who acted as regent for the pretender. This however was not carried without great opposition in the house of lords. When the bill was sent back to the commons, they excepted to the amendment as irregular. They observed that attainders by bill constituted the most rigorous part of the law; and that the stretching of it ought to be avoided. They proposed that the queen should be attainted by a separate bill. The lords assented to the proposal; and the bill against the pretended prince of Wales passed. The lords passed another for attainting the queen; however it was neglected in the house of commons. But the longest and warmest debates of this session were produced by a bill, which the lords brought in, for abjuring the pretended prince of Wales, and swearing to the king by the title of rightful and lawful king, and his heirs, according to the act of settlement. It was proposed that this oath should be voluntary, tendered to all persons, and their subscription or refusal recorded without any other penalty. This article was violently opposed by the earl of Nottingham, and the other lords of the tory interest. They observed, that the government was first settled with another oath, which was like an original contract; so that there was no occasion for a new imposition; that oaths relating to men’s opinions had been always considered as severe impositions; and that a voluntary oath was in its own nature unlawful. During these disputes, another bill of abjuration was brought into the house of commons by sir Charles Hedges, that should be obligatory on all persons who enjoyed employments in church or state; it likewise included an obligation to maintain the government in king, lords, and commons, and to maintain the church of England, together with the toleration for dissenters. Warm debates arose upon the question, Whether the oath should be imposed or voluntary; and at length it was carried for imposition by the majority of one voice. They agreed to insert an additional clause, declaring it equally penal to compass or imagine the death of her royal highness the princess Anne of Denmark, as it was to compass or imagine the death of the king’s eldest son and heir. In the house of peers this bill was strenuously opposed by the tories; and when, after long debates, it passed on the twenty-fourth day of February, ten lords entered a protest against it, as an unnecessary and severe imposition.
The whole nation now seemed to join in the cry for a war with France. Party heats began to abate; the factions in the city of London were in a great measure moderated by the union of the two companies trading to the East Indies, which found their mutual interest required a coalition. The tories in the house of commons having concurred so heartily with the inclinations of the people, resolved, as far it lay in their power, to justify the conduct of their party in the preceding parliament. They complained of some petitions and addresses which had reflected upon the proceedings of the last house of commons, and particularly of the Kentish petition. The majority, however, determined that it was the undoubted right of the people of England to petition or address the king for the calling, sitting, or dissolving of parliaments, and for the redressing of grievances; and that every subject under any accusation, either by impeachment or otherwise, had a right to be brought to a speedy trial. A complaint being likewise made that the lords had denied the commons justice in the matter of the late impeachments, a furious debate ensued; and it was carried by a very small majority that justice had not been denied. In some points, however, they succeeded: in the case of a controverted election at Maidstone, between Thomas Blisse and Thomas Culpepper, the house resolved, That the latter had been not only guilty of corrupt, scandalous, and indirect practices, in endeavouring to procure himself to be elected a burgess, but likewise being one of the instruments in promoting and presenting the scandalous, insolent, and seditious petition, commonly called the Kentish petition, to the last house of commons, was guilty of promoting a scandalous, villainous, and groundless reflection upon that house, by aspersing the members with receiving French money, or being in the interest of France; for which offence he was ordered to be committed to Newgate, and to be prosecuted by his majesty’s attorney-general. They also resolved, That to assert that the house of commons is not the only representative of the commons of England, tends to the subversion of the rights and privileges of the house of commons, and the fundamental constitution of the government of this kingdom; that to assert that the house of commons have no power of commitment, but of their own members, tends to the subversion of the constitution of the house of commons; that to print or publish any books or libels reflecting upon the proceedings of the house of commons, or any member thereof, for or relating to his service therein, is a high violation of the rights and privileges of the house of commons. Notwithstanding these transactions, they did not neglect the vigorous prosecution of the war. They addressed his majesty to interpose with his allies that they might increase their quotas of land forces, to be put on board the fleet in proportion to the numbers his majesty should embark. When they had settled the sums appropriated to the several uses of the war, they presented a second address desiring he would provide for the half-pay officers in the first place, in the recruits and levies to be made. The king assured them it was always his intention to provide for those officers. He went to the house of peers and gave the royal assent to an act appointing commissioners to take, examine, and determine the debts due to the army, navy, and the transport service; and also to take an account of prizes taken during the war.