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AMNESTY

Volume 2 · 272 words · 1860 Edition

in matters of policy, denotes a pardon granted by a prince to his rebellious subjects, usually with some exceptions: such was that granted by Charles II. at his restoration. The word is formed from the Greek ἀμνοτρία, the name of an edict of this kind published by Thrasybulus, on his expulsion of the tyrants out of Athens. An amnesty marks the pre-existence of revolution or rebellion, and those countries are happiest where it is least known. Many amnesties have been granted in France and other parts of Europe during the past half century, but since the Jacobite insurrections none has been deemed necessary in Britain. The latest act of amnesty is the 20th Geo. II. c. 52, "An Act for the King's most gracious general and free pardon." A similar act was passed after the rebellion of 1715. In both instances, however, punishments had been extensively inflicted before the passing of the amnesty, and acts of forfeiture were passed against those persons conspicuous in the insurrections who could not be apprehended and brought to trial. The old treason law of England contained a general principle of amnesty honourable to the humanity of its authors, exempting from punishment those charged with treason against a king de jure, unless he were king de facto. This was pleaded by Sir Harry Vane when he was brought to trial at the Restoration; but the plea was met by the discreditable quibble that Charles II. was king not only de jure but de facto from the time of his father's death, though he was "kept out of the exercise of his royal authority by traitors and rebels."