Some of the members even tampered with Kidd, who was now a prisoner in Newgate, to accuse lord Somers as having encouraged him in his piracy.

He was brought to the bar of the house and examined; but he declared that he had never spoke to lord Somers; and that he had no order from those concerned in the ship, but that of pursuing his voyage against the pirates in Madagascar.

Finding him unfit for their purpose, they left him to the course of law; and he was hanged with some of his accomplices.
{WILLIAM, 1688-1701.} EARL OF ORFORD, &c, IMPEACHED.
Lord Somers, understanding that he was accused in the house of commons of having consented to the partition treaty, desired that he might be admitted and heard in his own defence.

His request being granted, he told the house that when he received the king's letter concerning the partition treaty, with an order to send over the necessary powers in the most secret manner, he thought it would have been taking too much upon him to put a stop to a treaty of such consequence when the life of the king of Spain was so precarious; for, had the king died before the treaty was finished, and he been blamed for delaying the necessary powers, he could not have justified his own conduct, since the king's letter was really a warrant; that, nevertheless, he had written a letter to his majesty objecting to several particulars in the treaty, and proposing other articles which he thought were for the interest of his country; that he thought himself bound to put the great seal to the treaty when it was concluded; that, as a privy counsellor, he had offered his best advice, and as chancellor, executed his office according to his duty.

After he had withdrawn, his justification gave rise to a long debate which ended in a resolution, carried by a majority of seven voices, That John lord Somers, by advising his majesty to conclude the treaty of partition, whereby large territories of the Spanish monarchy were to be delivered up to France, was guilty of a high crime and misdemeanor.