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ACTS of GRACE.

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CTS of Grace or General Pardons are always underftood to have their Rife from Royal Favour, in whatever Form they pafs for the Benefit of the Subject. In former Times they were commonly granted by the Crown alone as a Branch of the Prerogative. And there are modern Inftances of the fame Nature; as that iffued by King James II. about a Month before the Prince of Orange's Landing. Since the Cuftom has prevailed to have the Concurrence of the three Parts of the Legiflature in them; it has either been recommended from the Throne to the Wisdom of the Parliament to frame them; or the Draught has been fent down by the King to the Houses, and (in a way different from all other Acts of Parliament,) room only left for their Negative.

We have many Inftances in our Hiftory of all the Forms. I'll look back no farther than the Restoration. King Charles II. before his Arrival in England, in his Declaration from Breda, April 14. 1660. promifed to "grant a "free and general Pardon under the Great "Seal to all his Subjects of what Degree or

Quality foever, who fhould lay hold of that "Grace and Favour within forty Days after "the publishing of it, and by any Publick A& "declare their doing fo, and return to the "Loyalty and Obedience of good Subjects: "And that no Crime whatsoever fhould be "brought in Question against their Lives, Li"berty, or Eftates; and, as far as lay in his "Power, to the Prejudice of their Reputati"ons, by any Reproach or Terms of Di"ftination: Requiring, that all Notes of Dif"cord, Separation, and Difference of Parties, "fhould be utterly abolish'd among all his

Subjects; and conjuring them to a perfec "Union among themselves". Besides this, upon his coming over, he left it to the Houfe of Commons to frame an A& of General Pardon, which he paffed August 29.

After the Revolution, King William recommended it to the Houfe of Lords, March 28. 1689. to prepare fuch a Bill. But it had no Effect in that Method, till one was fent down from the Crown, and paffed in May,

1690.

The laft we have had was that of Queen Anne in the Year 1709. which was fent down to the Lords, and from them to the Commons, and then had the Royal Affent.

Tho'

Tho' it has ben justly esteemed true Policy not to make fuch Favour to Criminals too fre quent; yet to grant Indemnities upon proper Occafions has been defervedly reckoned the Wisdom and the Glory of the beft Admininistrations.

Sometimes they have been evidently owing to the Goodness of a Prince's Difpofition and the Kindness of his Temper. Mercy to the Miferable, Pity to People in Diftrefs, and a generous Defire of doing Good,and of making all Perfons easy and happy as far as they can, is a Human Difpofition. This may fometimes touch the Breafts of Princes as well as others; and they may become Fathers of their Coun-> try by the Generofity of their Mind, and Univerfal Good-will to Mankind. As on the contrary,an unrelenting Severity is often owing to a Cruelty of Temper; as Seneca obferved to one of the moft remarkable Inftances of that in all the Roman Empire, " Cruelty is un<< worthy of Human Nature. To delight in "Blood and Wounds, is to lay aside the Man, " and become a Savage Creature". To this Principle of a kind and good Difpofition, owing either to Temper or Philofophy, the Roman Hiftorians afcribe the Clemency eminent in many Actions of Auguftus, Titus, and the two Antonines.

Such Favourto Offenders frequently proceeds from a certain Greatnefs of Soul; fearlefs and fecure against the Attempts of turbulent and feditious Spirits. Cruelty and extream Seve

* De Clementia ad Neron. 1, 1. C. 24.

rity upon all Occafions, is juftly esteemed the Mark of a pufillanimous and timerous Spirit. As the fame Philofopher * obferves, "Tis the "Property of a great Mind to be ever eafy " and compos'd, and to defpife Injuries and "Provocations: 'Tis effeminate to be outra"gious in Refentment." Such was the great Heart of Julius Cafar, that in the very Battle of Pharfalia he gave Orders to fpare the Citizens; and as Suetonius † obferves of him, " He dif"cover'd an admirable Moderation and Clet mency, both in the Profecution of the Civil "War and the Management of the Victory.

But befides thefe Inducements from the good Qualities of Princes themselves, they are often determin'd to fuch Acts of Grace from the wife Ends of Government. For a merciful Administration ufually gains a general Refpe& and Love: It fecures efpecially the zealous Affection of the beft Men, of fuch as are Kind and Human themselves, and delight in the Peace and Happiness of their Neighbours and their Country. No one Vertue carries a Prince's Reputation higher than Clemency; and no Reputation contributes more either to his Security or his Glory. All look upon fuch a Prince as a Common Good. They have reafon to expect from him all the Bleffings of a mild Government: To be eafy and content themselves, faithful to his Service, and zealous in their Duty: When they fee him merciful even to the Criminal, and gracious to fuch as have been his own Enemies; and that he has a greater regard to the Publick Peace

* Ibid. c. 5.

-Sueton in Jul. Caf.

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