High Crimes and Misdemeanors

The charge of high crimes and misdemeanors covers allegations of misconduct peculiar to officials, such as perjury of oath, abuse of authority, bribery, intimidation, misuse of assets, failure to supervise, dereliction of duty, conduct unbecoming, and refusal to obey a lawful order. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for nonofficials, on the grounds that more is expected of officials by their oaths of office.

The impeachment of the King's Chancellor, Michael de la Pole, 1st Earl of Suffolk in 1386 was the first case to use this charge. One charge under this heading alleged that de la Pole broke a promise to Parliament. He had promised to follow the advice of a committee regarding improvement of the kingdom. Another charge said that he failed to pay a ransom for the town of Ghent, and because of that the town fell to the French.

The 1450 impeachment of William de la Pole, 1st Duke of Suffolk, a descendant of Michael's, was next to allege charges under this title. He was charged with using his influence to obstruct justice, cronyism, and wasting public money. Other charges against him included acts of high treason.

Impeachment fell out of use after 1459 but Parliament revived it in the early 17th century to bring the King's ministers to book. In 1621, Parliament impeached the King's Attorney General, Sir Henry Yelverton for high crimes and misdemeanors. The charges included failing to prosecute after starting lawsuits and using authority before it was properly his.

After the Restoration the scope of the charge grew to include negligence, and abuse of power or trust while in office. For example, charges in the impeachment of Edward Russell, 1st Earl of Orford in 1701 included many violations of trust and his position. In this case, he abused his position in the Privy Council to make profits for himself; as Treasurer of the Navy he embezzled funds; and as Admiral of the Fleet he got a commission for the pirate William Kidd.

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