Page:Prerogatives of the Crown.djvu/114

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.
94
Pardons, Reprieves, &c.
[Ch.VII. See.II.

A further rigorous circumstance is, that it is necessaiy to the approver's own safety, that the jury should believe him, for if the partners in his crime are not convicted, the approver himself is executed."

Various statutes have considerably trenched on this antient doctrine and practice of approvement. Persons out of prison who have been guilty of robbery, 4 and 5 Wm. and M. c. 8. s. 7. ; offences against the coinage acts, 6 and 7 Wm. and M. c 17. s. 12. 15 G. 2. c. 28. s. 8.; burglary, felonious house- breaking in the day time, horse-stealing, larceny to the value of five shillings, or more, from any shop, warehouse, coach- house or stable, 10 and 11 W. 3. c. 23. s. 5., 5 and 6 Ann. c. 31. s. 4. of destroying fish in private waters, (whether in custody or not) 5 G. 3. c. 11. s. 2. ; or destroying locks on navigable rivers, 8 G. 2. c. 20. s. 5. ; of using stamps twice contrary to 12 G. 3. c. 48. ; or of offences contrary to the statutes against smuggling and resisting custom-house officers, 6 G. 1. c. 21. s. 36., 8 G. 1. c. 18. s. 7., 9 G. 2. c. 35. s. 12. are entitled to the King's pardon thereof; provided they, being out of prison, cause the discovery and conviction of two or more persons guilty of the like crimes. By the statutes 29 G. 2. c. 30. s. 8, 9., 2 G. 3. c. 28. s. 14., 22 G. 3. c. 58. s. 5. a person guilty of stealing metals, &c. and being out of prison, is entitled to the King's pardon, if he discover two or more persons who have illegally bought or received stolen metals, &c. so that they may be convicted thereof. And it is usual in the acts which establish and regulate state lotteries to insert a clause by which accomplices in forging lottery tickets ar^ entitled to a pardon on discovering their associates. At common law where a person indicted for manslaughter or murder is found by the jury to have killed the deceased in his own defence or by misfortune, he is obliged to crave the King's pardon, to which, however, he is entitled as a matter of right[1]. It is now usual to avoid expence by directing a general verdict of acquittal.

There is another case in which offenders are entitled as a matter of legal right to a pardon ; and that is where the King promises to pardon them, by special proclamation in the Gazette or otherwise[2].

  1. 1 East, p. C. 221, 2. 1 Chitty, Crim. Law, 765, 6. Hawk. b. 2. c. 37. s. 2.
  2. Cowp.334. 1 Leach, 118.

Accom-