88 Pardons, Reprieves^ (§c [Ch.VII.Sec.I. held is impliedly surrendered or vacated, by the acceptance of the new situation [a), 3. An office may be lost by the destruction of the thing to which it is incident {h) : as if a person grant the office of Parker, and afterwards destroy his park, the office, together with all casual fees annexed to it, is gone (f). For the office, being only an accessary, must follow the fate of the principal. For although the grantor of the office could not appoint ano- ther person as long as the Park continued, yet when the Park itself was determined and disparked, the office which was appendant thereto, should also be determined. And it was said that if one grant the office of Steward of a Manor, with all profits of courts, and the Manor is afterwards destroyed, the office of Steward, together with the casual profits annexed to it, is determined. SECT. II. As to Pardons, Reprieves, ^c, 1st, In general. 2dly. When andhoxiofar the King may Pardon, and of Dispensations, Non Obstantes, and Reprieves, Sdly, Manner of Pardoning. Uhly. Fffect of a Pardon, 1st, In general. The policy of pardoning public offenders in any case has been questioned by Beccaria [d), who contended that clemency should shine forth in the laws, and not in the execution of them. It would certainly be impolitic to remit the punish- ment attached to an offence very frequently or indiscriminately. Few measures would tend more strongly to embolden offen- ders; and nothing could more effectually introduce a con- temptuous disregard of those laws which were intended to pro- tect society. It should however be remembered that human institutions are fallible, and must in many respects be imper- fect. No human faculties can anticipate the various temptations (fl) 3 Burr. 1616. 2 T. R. 87, 88. (r/) See Beccaria on Crimes and Pu- (/;) 3 Cruise Dig. 169. nishments, cb. 46, (c) Howard's Case. Cro. Car. 59. which
