 to extend the Arm of his Mercy, forasmuch as there are many Cases so circumstanced, so admissive of pitiable and palliating Considerations, that
summum Jus,
or strict Justice, might prove
summa Injuria,
or extreme Injustice.
All pardonable Offences are distinguished by the Title of
Crimina laesae Majestatis, Sins against the King.
All unpardonable Offences are distinguished by the Title of
Crimina laesae Libertatis, Sins against the Constitution.
In the first Case, the Injury is presumed to extend no further than to One or a few Individuals; in the Second it is charged as a Sin against the Public, against the collective Body of the whole People. Of the latter Kind are Nuisances that may endanger the Lives of Travellers on the High Way; but, more capitally, any Imagination, proved by Overt-Act or evil Advice, tending to change the Nature or Form of any One of the three Estates; or tending to vest the Government, or the Administration thereof, in any One, or any Two of the said Estates independent of the Other; or tending to raise standing Armies, or to continue them in time of Peace without the Consent of Parliament; or tending to give any foreign State an Advantage over these Realms by Sea or by Land,
&c.
The King hath, also, annexed to his Dignity many further very important Powers and Prerogatives; though they do not so intimately interfere with the Constitution as the capital Prerogatives above recited.
He is first considered as the original Proprietor of all the Lands in these Kingdoms; and he founds this Claim, as well on the Conquest, by
William the Norman,
as by the limited Kings or Leaders of our Gothie Ancestors.
Hence it comes to pass that all Lands, to which no Subject can prove a Title, are supposed to be in their original Owner; and are therefore, by the Constitution, vested in the Crown. On the same Principle, also, the King is entitled to the Lands of all Persons who die without Heirs; as also to the Possessions of All who are convicted of Crimes subversive of the Constitution or Public-Weal.
His Person, while he is King or inclusive of the first Estate, is constitutionally sacred, and exempted from all Acts of Violence or Constraint. As One of the Estates, also, he is constituted a Corporation, and his
Teste-Meipso,
or written Testimony, amounts to a Matter of Record. He also exercises, at present, the independent Province of supplying Members to the second Estate, by a new Creation; a very large Accession to his original Powers. Bishops also are now appointed and
