Ch.VII. Sec. II.] Pardons, Reprieves, ^c, 91 subject, the King cannot affect it ; and, consequently, where a statute giveiS a right of action to a party grieved, by the com- mission of an offence, though it be of a public description, bis Majesty has no power, by law, to prevent the party aggrieved from bringing his action, even by pardoning the offender before it is commenced (a), nor can his Majesty discharge a recogni- iiance to keep the peace towards an individual before it is for- feited, private security being the object of the instniment [b). And, though the Crown may legally pardon an offence against a statute, which gives a right of action to a common informer, before the action is begun, and may consequently defeat it (c) ; yet, when the informer has commenced the action, his right to the penalty is, ijpsofacto^ irreversibly vested in him, if he suc- ceed, and the King cannot deprive him of it {d). In short, the general principle is clear, that the King cannot pardon in cases where no interest is, either in point of fact, or by implication of law, vested in him [e). The right to pardon obtains, however gross and criminal the offence may be, as in the case of a murder, rape, &c. ; though certain peculiar forms must in such instances be observed, as will be noticed hereafter. It is generally laid down in the books, that the Crown can- not pardon a common nuisance while it remains unredressed, and is,>,"ontinuing ; so as to prevent an abatement of it, or a prosecution against the offender : though his Majesty might afterwards remit the fine [f). As the continuation of a nuisance is, of itself, a fresh offence in point of law [g) ; this doctrine may be supported on the ground that the King can- not, as we shall presently see, dispense with the laws by any previous licence. Besides a prosecution for a nuisance, though technically criminal, is in substance and effect a civil remedy ; and the King cannot subject the public to inconvenience by bestowing a favour on an individual or a few persons. There seems, however, to be some reason for the assertion {h that (a) 3 Inst. 238. Plowd. 487. 2 Rol. (/ ) 12 Co. 30. 2 Hawk. b. 2. c. 57. Ab. 178. Cro. Car. 199. Keilw. 134. s.33. 4 Bla. Cum. 398. Bac. Ab. Stra. 529,30; 1272. 2 Term Rep. Pardon, B. But now the fine does not i(69. belong to the Crown, on indictment for {b) 3 Inst. 238. 12 Co. 30. Hawk. suffering a highway to continue in bad b. 2. c. 37. s. 34. Dick. Sess. 422. repair, 13 G. 3. c. 78. s. 47. 1 Bla. (c) Se<5 Ibid. R. 602. (rf) Ibid. 3 Inst. 338. 4 Bla. Com. (g) See Ld. Raym. 370. 713. 398,9. 2 Stra. 1272. (A) 3 Inst. 237. Vaugh. 333. 5 Bac. (e) See also Stra. 1272. Ab. 286. such
