Page images
PDF
EPUB
[ocr errors]

A perusal of these passages, and of all the writers we have ever examined on the subject, has led the world to give credit to James and his Irish Parliament for an exuberant stock of clemency. It has appeared that their motto, and the benignant rule of their conduct, had been Shakspeare's divine commendation of heavenborn mercy:

"The quality of mercy," &c.

It is supposed that this act of “general and free pardon" effaced all crimes and misdemeanors of every description; was the harbinger of an universal jubilee throughout the kingdom; and, from the hour of its promulgation, produced a general clearance of the prisons of all their tenants, by whatsoever tenure they had been held there. But, alas! in Ireland, words bore an import different from what they had in any other country and "an act of general pardon,” in that ill-fated nation, was, in truth and in fact, an act of universal proscription: for in that Parliament and king, towards Ireland,

"There was no more mercy, than milk in a male tiger."293

This assertion will appear ambiguous: but the ambiguity shall be soon removed. The act in question bears, it is true, in the Statute-Book, the fraudulent title of "an act for the king's majestie's most gracious, general, and free par

293 Shakspeare.

don."* This is as clear and explicit as language could render it; and, as the act itself is in black

*Extracts from “ An Act for the king's majestie's most gracious, GENERAL, AND FREE PARDON!!!",

The king's majestie, most graciously considering the good will and faithful hearts of his most loving subjects, which as at all times, so at this present especially, they having with most dutiful affection showed themselves towards his highness; and understanding that the same his loving subjects have many and sundry wayes, by the laws and statutes of this realm, fallen into the danger of diverse great penalties and forfeytures, is, of his princely and merciful disposition, most graciously inclined, by his liberal and free pardon, to discharge some part of those great paynes, forfeytures and penalties wherewith his said subjects stand now burdened and charged ; trusting they will be thereby the rather moved and induced, from henceforth, more carefully to observe his highness's laws and statutes, and to continue in their loyal and due obedience to his majestie; and therefore his majestie is well pleased and contented, that it be enacted by the authority of this present Parliament, in manner and form following, (that is to say) That all and every the said subjects, as well spiritual as temporal of this his highness's realm of Ireland, the heyres, successors, executors, and administrators of them, and every of them, and all and singular bodies corporate, cities, shires, boroughs, hundreds, baronies, townes, villages, hamlets, and tythings, and every of them, and the successor and successors of every of them, shall be, by the authority of this present Parliament, acquitted, pardoned, and released, and discharged against the king's majestie, his heyres and successors, and every of them, of all manner of treasons, felonies, offences, contempts, trespasses, entries, wrongs, deceipts, misdemeanours, forfeytures, penalties, and summs of mony, paynes of death, paynes corporal and pecuniarie, and generally of all other things, causes, quarrels, suites, judgments and executions, in this present Act hereafter not excepted nor foreprized.

letter, obsolete orthography, and very long, it is probable that those writers never examined be

1. "Except and alwayes foreprized out of this general and free pardon, all and all manner of high treasons, and other offences committed or done by any person or persons against the king's majestie, and all conspiracies and confederacies, trayterously had, committed, or done, by any person or persons, against the king's majestie's royal person; and all manner of levying warre and all rebellions and insurrections whatsoever had, made, or committed, or done at any time sithence the beginning of his majesty's raigne.

2. "And also excepted all and every manner of treasons committed or done, by any person or persons in the parts beyond the seas, or in any other place out of the king's dominions, sithence the beginning of his majestie's raigne; and also all suites, punishments, executions, paynes of death, forfeitures, and penalties, for, or by reason or occasion of any of the treasons and offences before rehearsed.

3. "And also excepted out of this pardon all offences of forg ing and false counterfeyting the king's majestie his great or privy seale, sign manual, or privy signet, or any of the monies current within this realm; and also all offences of unlawfull diminishing of any the said monies, by any wayes or means whatsoever, contrary to the laws and statutes of this realm at any time sithence the beginning of his majestie's raigne; and also all misprisions and concealments of any the high treasons aforesaid, and also all abetting, aiding, comforting or procuring of the same offences, or any of the said treasons committed or done sithence the beginning of his majestie's raigne.

4. "And also excepted out of this pardon, all manner of voluntary murders, petit treasons, and wilfull poisonings, done or committed by any person or persons sithence the beginning of his majestie's raigne, and all and every the accessaries to the said offences, or any of them, before the said offences committed.

5. "And also excepted and foreprised out of this general pardon all and every offence of piracy, and robbery done upon the seas, sithence the beginning of his majestie's raigne.

yond the title, or, at all events, beyond the preamble, which carries the same delusive promise

6. "And also excepted out of this pardon all burglaries committed or done in any dwelling house or houses, and all accessaries to any the said burglaries, before the said burglaries committed, within one year before the beginning of this present session of Parliament.

7. "And also excepted all robberies done upon, or to any man's or woman's person in the high-way, or elsewhere, and all and singular accessaries of, or to any such robberies before the said robbery, committed within one year before the first day of this present session of Parliament.

8. "And also excepted the felonious stealing of any horse, gelding, garron, or mare, and all accessaries thereunto, before the same felony committed, and all judgments and executions. of and for the same, within one year next before the beginning of this present session of Parliament.

9. "And also, all wilfull burnings of any dwelling house or houses, or any barn or barns, wherein any corn was, committed or done at any time sithence the beginning of his majestie's raigne.

[ocr errors]

10. And also excepted all rapes and carnal ravishments of women, and also ravishments and wilfull taking away or marrying any maide, widdowe, or damosel, against her will, or without the assent or agreement of her parents, or such as then had her in custodie, committed or done within one year before the beginning of this present session of Parliament. And also all offences of ayding, comforting, procuring or abetting of any such ravishment, wilfull taking away or marrying, had, committed or done.

11. "And also excepted out of this pardon all persons now attainted or outlawed, of or for any treason, petit treason, murder, wilfull poysoning, burglary, or robbery, and all executions of and for the same.

66

12. And also excepted all offences of invocations, conjurations, witchcraft, sorceries, inchantments and charms, and all offences of procuring, abetting, or comforting of the same, and all persons now attainted and convicted of any of the said of

of clemency: but, with Shakspeare, we may well exclaim,

"Oh! what a goodly outside falsehood hath!"

fences, at any time sithence the beginning of his majestie's raigne.

[ocr errors]

13. And also excepted all and every manner or taking from the king's majestie, of any the goods or chattels, or the issues, rents, revenues or profits of any mannors, lands, tenements, and hereditaments, which were of any traytor, murderer, felon, clerke or clerkes attainted, or fugitives, or of any of them.

14. "And also excepted all goods and chattels, in any wise forfeited to the king's majestie by treason, petit treason, murder, or felony, heretofore committed or done.

15. "And also excepted all offences of or in making, writing, printing, or publishing, or in consenting to the making, writing, printing, or publishing, of any false, seditious, or slaunderous book or books, libell or libells, in any wise against the king's majestie, or the present government of this realme, in cases either ecclesiasticall or temporall, or against any person or persons whatsoever.

16. "And also excepted out of this pardon all intrusions, had, or made, or done by any person or persons, in or upon any of the mannors, lands, tenements, or other hereditaments of our said sovereign lord the king; and all wastes done, committed or suffered upon any such lands, tenements, or hereditaments, and the wrongfull taking of any the rents, issues, and profits of the same mannors, lands, tenements, or hereditaments, of our said sovereign lord the king, at any time sithence the beginning of his majestie's raigne. And also all suites, accounts and impetitions, of and for the same.

17. "And also excepted out of this pardon all alienations of any lands, tenements or hereditaments, without license, and all fines, issues and profits, that may or ought to grow or come to the king's majestie, by reason of any such alienations, without license, at any time sithence the beginning of his majestie's raigne.

« PreviousContinue »