The charge was immediately drawn up against the earl of Orford: him they accused of having received exorbitant grants from the crown; of having been concerned with Kidd the pirate; of having committed abuses in managing and victualling the fleet when it lay on the coast of Spain; and lastly, of having advised the partition treaty.

The earl, in his own defence, declared that he had received no grant from the king except a very distant reversion, and a present of ten thousand pounds after he had defeated the French at La Hogue; that in Kidd's affair he had acted legally, and with a good intention towards the public, though to his own loss; that his accounts with regard to the fleet which he commanded had been examined and passed; yet he was ready to waive the advantage, and justify himself in every particular; and he absolutely denied that he had given any advice concerning the treaty of partition.

Lord Somers was accused of having set the seals to the powers, and afterwards to the treaties; of having accepted some grants; of having been an accomplice with Kidd; and of having some guilt of partial and dilatory proceedings in chancery.

He answered every article in the charge; but no replication was made by the commons either to him or the earl of Orford.

When the commons were stimulated by another message from the peers, relating to the impeachments of the earl of Portland and lord Halifax, they declined exhibiting articles against the former on pretence of respect for his majesty; but on the fourteenth of June, the charge against Halifax was sent up to the lords.