Impeachment in Stuart England
Impeachment as a legal process has its origins in England while the country was under the Stuarts' rule. The procedure has since been adopted in many countries all over the world as a means to eject a government official from his position for non-performance of duties or other inappropriate actions.
In England, the impeachment procedure can be traced to as far back as the 14th Century when the newly formed Parliament of England implemented the constitutional procedure as a means to making the king's advisers--and later on the king himself--accountable for their actions. Before the institution of the impeachment law, the King's advisors and other favoured members of the court where largely untouchable even if they had committed grave offences.
This was a major point of contention between the monarchy and the Parliament and was one of the causes of a long and bitter power struggle between them. This struggle would ultimately result in the formation of the unwritten English Constitution.
The Parliament of England had long held the belief that the law of impeachment was the most powerful weapon they had in their possession, to correct the grievances committed by the monarchy and particularly the more excessive members of the Stuart family. It was their hope that the impeachment law would ensure a more responsive government who would also be made accountable for their every action.
The Stuarts held the notion of "divine rule", meaning that they were governing the country on a mandate from God himself because they were Royalty. Needless to say, they did not take to this new impeachment law favourably. To them the very idea of being subjected to the criticism of the Parliament was insolence bordering on outright treason.
The Parliament of England for their part, saw this law as a means to exercise at least a partial measure of control over the King who had previously been free to do virtually anything he pleased.
These conflicts gradually came to a head and the Parliament was eventually abolished and the impeachment law largely fell into disuse by the mid-15th Century. By the 17th Century however, the perceived infractions of the Stuart Kings again proved much too excessive to endure and the reformed Parliament again instituted the impeachment law.
The law of impeachment was used to curtail the political powers of the king by impeaching the most avid supporters of his policy of absolute rule. The most famous of these cases was Thomas Wentworth, the First Earl of Strafford's impeachment and the series of impeachments continued until civil war broke out.
Charles I was eventually arrested and executed in 1649, and England fell under the Commonwealth rule of Oliver Cromwell. Interestingly, there was no impeachment proceedings performed during the time of the Commonwealth although it is common knowledge that many severe infractions were committed during this time. In any case, when the Commonwealth rule ended and the Stuarts again assumed control of the throne, the newly reconvened Parliament extended the definition of the law of impeachment to address such infractions as neglect of duty and financial impropriety.
Original Authors: Doods Pangburn
Edit Update Authors: RPN
Updated On: 13/03/2007
