The Indemnity Act 1717 (4 Geo. I c. 15), also referred to as the Act of Grace and Free Pardon, is an Act of the

Parliament of Great Britain The Parliament of Great Britain was formed in May 1707 following the ratification of the Acts of Union by both the Parliament of England and the Parliament of Scotland. The Acts ratified the treaty of Union which created a new unified Kingdo ...

. The Act was passed by both houses of parliament in July 1717, the last enactment of the session. Philip Henry Stanhope, Henry Reed, ''History of England from the Peace of Utrecht to the Peace of Versailles'' (1849)
p. 206
/ref> It followed almost two years after the

Jacobite rising of 1715 The Jacobite rising of 1715 ( gd, Bliadhna Sheumais ; or 'the Fifteen') was the attempt by James Edward Stuart (the Old Pretender) to regain the thrones of England, Ireland and Scotland for the exiled Stuarts The House of Stuart, ori ...

, during and after which many

Jacobites Jacobite means follower of Jacob or James. Jacobite may refer to: Religion * Jacobites, followers of Saint Jacob Baradaeus (died 578). Churches in the Jacobite tradition and sometimes called Jacobite include: ** Syriac Orthodox Church, sometime ...

were taken prisoner. Those later convicted of

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

were condemned to death, and some were executed, but by the Act most of the surviving Jacobite prisoners were freed and were permitted to settle either at home or overseas.

Peter Hume Brown Peter Hume Brown, FBA (17 December 1849 – 1 December 1918) was a Scottish historian and professor who played an important part in establishing Scottish history as a significant academic discipline. As well as teaching and writing, he spent 16 ...

, ''A History of Scotland to the Present Time''
p. 154
/ref> Hundreds of Jacobites were freed by the Act. The more notable included the

Earl of Carnwath The title Earl of Carnwath is a title in the Peerage of Scotland, created together with the subsidiary title of Lord Dalzell and Liberton, on 21 April 1639 for Robert Dalzell, 2nd Lord Dalzell. His father, Sir Robert Dalzell, had been raised ...

Lord Nairne Lord Nairne is a title in the Peerage of Scotland, created by Charles II for Sir Robert Nairne of Strathord in 1681, which since 1995 is held by the Viscount Mersey. History Sir Robert Nairne of Strathord (c. 1620–1683), a supporter of Charle ...

, and Lord Widdrington, together with seventeen gentlemen awaiting execution in the Newgate and twenty-six in Carlisle Castle. Some two hundred men captured at the Battle of Preston were released at

Chester Chester is a cathedral city and the county town of Cheshire, England. It is located on the River Dee, close to the English–Welsh border. With a population of 79,645 in 2011,"2011 Census results: People and Population Profile: Chester Loca ...

, also all remaining prisoners held in the castles of

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

and

Stirling Stirling (; sco, Stirlin; gd, Sruighlea ) is a city in central Scotland, northeast of Glasgow and north-west of Edinburgh. The market town, surrounded by rich farmland, grew up connecting the royal citadel, the medieval old town with its me ...

. The Act did not undo the effect of any

attainder In English criminal law, attainder or attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditar ...

s, and confiscated estates worth £48,000 a year in England and £30,000 a year in Scotland; the dispossessed owners were not restored of their property. There were some specific exceptions to the general pardon granted by the Act:

Matthew Prior Matthew Prior (21 July 1664 – 18 September 1721) was an English poet and diplomat. He is also known as a contributor to ''The Examiner (1710–1714), The Examiner''. Early life Prior was probably born in Middlesex. He was the son of a Noncon ...

and

Robert Harley, 1st Earl of Oxford Robert Harley, 1st Earl of Oxford and Earl Mortimer, KG PC FRS (5 December 1661 – 21 May 1724) was an English statesman and peer of the late Stuart and early Georgian periods. He began his career as a Whig, before defecting to a new Tor ...

, had been held in the Tower of London before the Rising of 1715, and Oxford's friend Lord Harcourt and his cousin Thomas Harley. All members of the

Clan MacGregor Clan Gregor, also known as Clan MacGregor, () is a Highland Scottish clan that claims an origin in the early 9th century. The clan's most famous member is Rob Roy MacGregor of the late 17th and early 18th centuries. The Clan is also known to hav ...

were also excluded from the Act's benefits, one of the targets of this last exclusion being the famous

Rob Roy MacGregor Robert Roy MacGregor ( gd, Raibeart Ruadh MacGriogair; 7 March 1671 – 28 December 1734) was a Scottish outlaw, who later became a folk hero. Early life Rob Roy was born in the Kingdom of Scotland at Glengyle, at the head of Loch Katrine, a ...

. Philip Henry Stanhope noted in the 1840s that "a modern reader is shocked to find excepted 'all and every person of the name and clan of Macgregor. The passage of the Act was marked by the issuing of a silver medal, also struck in bronze, engraved by John Croker, chief engraver to the Royal Mint. On the obverse is the head of King George I, on the reverse is the winged figure of Clemency, who is standing, but leaning by her left elbow on a short stone pillar, surrounded by the words "CLEMENTIA AVGVSTI". In her left hand is an

olive branch The olive branch is a symbol of peace and victory associated with customs of ancient Greece and connected with supplication to gods and persons in power. It is found in most cultures of the Mediterranean basin and became associated with peace ...

, while in her outstretched right hand she holds a caduceus, with which she touches the head of a fleeing snake, representing Rebellion. This image recalls the story of the caduceus of Mercury.New Gallery, London, ''Exhibition of the Royal House of Stuart'' (London: Richard Clay and Sons, 1889), p. 207

Notes

{{DEFAULTSORT:Indemnity Act 1717 1717 in law 1717 in Great Britain Great Britain Acts of Parliament 1717 Pardon legislation