An Enquiry into the Causes of the late Increase of Robbers/Section 10

SECT. X.

Of the Encouragement given to Robbers by frequent Pardons.

I Come now to the ixth Encouragement to Felons, from the Hopes of a Pardon, at leat with the Condition of Tranportation.

This, I am aware, is too tender a Subject to peak to. To pardon all Crimes where the Proecution is in his Name, is an undoubted Prerogative of the King. I may add, it is his mot amiable Prerogative, and that which as Livy oberves, renders Kingly Government mot dear to the People: For in a Republic there is no uch Power. I may add farther, that it eems to our excellent Sovereign to be the mot favourite Part of his Prerogative, as it is the only one which hat been carried to its utmot Extent in the preent Reign.

Here therefore I beg to direct myelf only to thoe Perons who are within the Reach of his Majety's acred Ear. Such Perons will, I hope, weigh well what I have aid already on the Subject of fale Compasion, all which is applicable on the preent Occaion: And ince our King (as was with les Truth aid of another ) is of all Men the truet Image of his Maker in Mercy, I hope too much Good-nature will tranport no Nobleman o far as it once did a Clergyman in Scotland, who in the Fervour of his Benevolence prayed to God that he would graciouly be pleaed to pardon the poor Devil.

To peak out fairly and honetly, tho' Mercy may appear more amiable in a Magitrate, Severity is a more wholeome Virtue; nay Severity to an Individual may, perhaps, be in the End the greatet Mercy, not only to the Public in general, for the Reaon given above; but to many Individuals for the Reaons to be preently asigned.

To conider a human Being in the Dread of a udden and violent Death; to conider that his Life or Death depend on your Will; to reject the Arguments which a good Mind will officiouly advance to itelf; that violent Temptations, Necesity, Youth, Inadvertency have hurried him to the Commision of a Crime which hath been attended with no Inhumanity; to reist the Importunities, Cries, and Tears of a tender Wife, and affectionate Children, who, tho' innocent, are to be reduced to Miery and Ruin by a trict adherence to Jutice. Thee all together form an Object which whoever can look upon without Emotion, mut have a very bad Mind; and whoever by the Force of Reaon can conquer that Emotion mut have a very trong one.

And what can Reaon ugget on this Occaion? Firt that by aving this Individual, I hall bring many others into the ame dreadful Situation. That the Pasions of the Man are to give Way to the Principles of the Magitrate. Thoe may lament the Criminal, but thee mut condemn him. It was nobly aid by Bias to one who admired at his hedding Tears whilt he pat Sentence of Death, 'Nature exacts my Tendernes, but the Law my Rigour.' The elder Brutus, is a worthy Pattern of this Maxim; an Example, ays Machiavel, mot worthy of being tranmitted to Poterity. And Dionyius Halicarnaseus calls it a great and Wonderful Action, of which the Romans were proud in the mot extraordinary Degree. Whoever derives it therefore from the Want of humane and paternal Affections is unjut; no Intances of his Inhumanity are recorded. 'But the Severity, ays Machiavel, was not only profitable but necesary;' and why? Becaue a ingle Pardon granted ex mera Gratia & Favore, is a Link broken in the Chain of Jutice, and takes away the Concatenation and Strength of the whole. The Danger and Certainty of Detruction are very different Objects, and trike the Mind with different Degrees of Force. It is of the very Nature of Hope to be anguine, and it will derive more Encouragement from one Pardon, than Diffidence from twenty Executions.

It is finely oberved by Thucydides, 'that though civil Societies have allotted the Punihment of Death to many Crimes, and to ome of the inferior Sort, yet Hope inpires Men to face the Danger; and no Man ever came to a dreadful End, who had not a lively Expectation of urviving his wicked Machinations.' Nothing certainly can more contribute to the raiing this Hope than repeated Examples of ill grounded Clemency: For as Seneca ays, Ex Clementia omnes idem perant.

Now what is the principal End of all Punihment: Is it not as Lord Hale expreses it, 'to deter Men from the Breach of Laws, o that they may not offend, o not uffer at all? And is not the inflicting of Punihment more for Example, and to prevent Evil, than to punih?' And therefore, ays he, preently afterwards, 'Death itelf is necesary to be annexed to Laws in many Caes by the Prudence of Law-givers, though posibly beyond the ingle Merit of the Offence imply conidered.' No Man indeed of common Humanity or common Sene can think the Life of a Man and a few Shillings to be of an equal Conideration, or that the Law in punihing Theft with Death proceeds (as perhaps a private Peron ometimes may) with any View to Vengeance. The Terror of the Example is the only Thing propoed, and one Man is acrificed to the Preervation of Thouands.

If therefore the Terror of this Example is removed (as it certainly is by frequent Pardons) the Deign of the Law is rendered totally ineffectual; The Lives of the Perons executed are thrown away, and acrificed rather to the Vengeance than to the Good of the Public, which receives no other Advantage than by getting rid of a Thief, whoe Place will immediately be upplied by another. Here then we may cry out with the Poet:

Sævior Ene Parcendi Rabies

This I am confident may be aserted, that Pardons have brought many more Men to the Gallows than they have aved from it. So true is that Sentiment of Machiavel, That Examples of Jutice are more merciful than the unbounded Exercie of Pity.