Ch.VlI. Sec.IL] Pardons^ Reprieves, §r. 99 pardon by the King's charter, under the great seal. The for- mer, if made by a public act, need not be pleaded, but the Court must, ea: officio, notice it (fl), which does not hold in the case of a charter of pardon, and it therefore lies upon the pri- soner to insist upon and prove it (6). Neither can he lose the benefit of the statute pardon by his own laches or negligence, or by his omission to plead it at the trial (c), as he may of the King's charter of pardon; for if the prisoner plead the general issue, or any other plea, when he might plead the King's char- ter of pardon, he is considered to have waived it, and cannot afterwards plead it in his defence {d). It is, however, clear in general, that if a prisoner avail himself thereof, as soon as by course of law he may, a pardon may be pleaded either upon, arraignment, in arrest of judgment, or in bar of execution (^), In order to render the charter valid, it is necessary that it be correct, and sufficiently full in its statement of facts {/). It is laid down, as a general rule, that wherever it appears by the charter that the King was misinformed, or not fully apprized of the seriousness of the crime committed by the offender, and of the extent to which legal proceedings have been carried against him, the pardon is void, upon a presumption that it was gained from the King by imposition [g). It has, therefore, been de- termined, that a pardon of a person attainted of felony is in- effectual, unless it mention the attainder, or unless it recite the indictment and conviction, in case he has been convicted by verdict (A). The statute 13 Rich. 2. st 2. c. 1 {i). enacts, that no pardon for treason, murder, or rape, shall be allowed, un- less the offence be particularly specified therein ; and particu- (a) Foster, 43. (d) Ibid. 4 Bla. Com. 402. Bac. {b) See Cro. El. 153. Ab. Pardon, G. (1.) (c) 1 Wils. 214. 4 Bla. Com. 402. (e) 4 Bla. Com. 402. la 1 Wilson Repts. 150, where the pri- (/) The statute 27 E(Jw. 3. c. 2. en- fioner being brought up to receive sen- acts, that in every pardon of felony tence on an old conviction, pleaded that which shall be granted at any man's he was not the same person convicted, suggestion, the said suggestion and the which on issue joinerl was found against name of him that made it,'sball becom- him ; the Court held that he was not prized therein^ and if the suggestion be afterwards at liberty to plead an act of untrue, the charter shall be disallowed, grace, or general pardon j observing, (g) ibid. 3 Inst. 238. 4 Bla. Com. that the defendant had been asked 400. Bac. Abr. Pardon, D. 4 Hawk, what he had to say, &c. and could not p. c. 336 Bk.2. c. 37. s. 8., Post. ch. 16. be asked twice, and that the plea came Grants, too Tate, he having made his election (A) Hawk, ubi supra. what to rely upon. (,) And see 16 Rich. 2. c. 6. H 2 larly
