High crimes and misdemeanors
The charge of high crimes and misdemeanors covers allegations of misconduct by officials. Offenses by officials also include ordinary crimes, but perhaps with different standards of proof and punishment than for non-officials, on the grounds that more is expected of officials by their oaths of office.
This article is about the legal term. For the Ann Coulter book, see High Crimes and Misdemeanors: The Case Against Bill Clinton. For the Woody Allen film, see Crimes and Misdemeanors. For the 2002 film, see High Crimes. For the 1973 film, see High Crime.United Kingdom[edit]
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.[1][2] One charge under this heading alleged that de la Pole broke a promise to Parliament to follow the advice of a committee regarding improvement of the kingdom. Another charge said that because he failed to pay a ransom for Ghent, the city fell to the French.
The 1450 impeachment of William de la Pole, 1st Duke of Suffolk, a descendant of Michael, was the next to allege charges under this title. He was charged with using his influence to obstruct justice as well as cronyism and wasting public money. Other charges against him included acts of high treason.[2]
Impeachment fell out of use after 1459, but Parliament revived it in the early 17th century to try the King's ministers. 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.[3][2]
In 1640, at the beginning of the Long Parliament, Thomas Wentworth, 1st Earl of Strafford, was impeached for "high misdemeanours" regarding his conduct in Ireland. Despite the repeated assurances of King Charles I, Strafford was eventually executed ("Put not your trust in princes.") the following year.[4]
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 in his positions.[5] 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.