Page:Prerogatives of the Crown.djvu/121

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Ch. VII. Sec. II.] Pardons^ Reprieves, S^c. loi quences may not have occurred at the time of the pardon: as in the case of pardoning homicide, where the death, occasioned by the womid, transpired after the pardon was granted («). It was however held that if a man gave a blow (which, unless death ensued, was not a capital offence, but merely a misde- meanor by the common law) and a pardon was granted of all misdemeanors, but not of murder, and the party wounded afterwards died, the felony is not pardoned (b). Formerly by the statute 10 Ed. 3. st. 1. c. 3. no pardon of felony by the King's charter could be allowed or was effectual without a writ of allowance, testifying that the prisoner had found six sureties before the Sheriff and Coroners of the county (c). This statute of Ed. 3. did not extend to pardons of treason (c?); and it being found that its operation bore too harshly upon offenders, it was at length entirely repealed by the statute 5 and 6 Wm, 3. c. 13. That statute, however, pro- vides, sect. 2, " that if any charter of pardon be pleaded by any person for any felony, the Justices before whom such pardon shall be pleaded, may, at their discretion^ remand or commit such person to prison, there to remain until he or she shall enter into a recognizance, with two sufficient sureties, for his or her being of the good behaviour for any time not ex- ceeding seven years. Provided, that if any such charter of pardon be pleaded by a feme covert or infant, such feme covert or infant may find two sufficient sureties, who shall enter into a recognizance for him or her being of the good behaviour as is aforesaid." The Court in exercising this their discretion, will not require the pardoned offender to find sureties according to the statute, unless it appear that he is a person of ill fame, and one whose general conduct has been suspicious {e), and sureties have been rarely required {/). The mode of granting a reprieve has been already men- tioned {g). (a) Plowd. 401. Hal. P. C. 426. (e) See Rex v. Chotwynd, 9 State Dyer, 99.pl. 65. Foster, 64. Tri. 527. Stra. 1203. (b) Ibid. (/) As to the manner of pleading a (c) See Plowd. 502. Sid. 41. Salk. pardon, see further Bac. Ab. title Par- 499. 4 Bla. Com. 402. don, G. 1 Chitty, Crim. Law, 775, (rf) Cro. El. 814. Noy, 31. (g) Ante, 97. The