96 Fa7^donSy Reprieves^ ^c. [Ch. VII. Sec. II. power of the Sovereign to dispense with laws relative to of- fences of the latter description, is annihilated by the sta- tute; and it is clear that the King cannot exempt any one from the future operation of a statute expected to be passed, but not in actual existence («). It was always held, that his Majesty had no legal right to dispense with laws respecting offences which, by an absurd distinction (b), were termed mala in se ; or, by previous licence, to render dispunishable offences which are indictable at common law, as being contrary to nature or the public good (c). It was, indeed, decided in the year books, 3 Hen. 7. 15 pi. 30. that the King*s grant to the Bishop of Salisbury and his successors, having the custody of a prison, that they should not be liable to be sued for escapes, was valid. Serjeant Hawkins {d) well observes, that this is a single instance, and contrary to the general rule. We have already considered the power of the Crown to grant exemptions from liability to serve in public offices {e), and dispensations relative to trade and taxes, &c. will be con- sidered hereafter {J'), By the common law, the King may annex to his bounty a condition either precedent or subsequent ; on the due per- formance whereof the validity of the pardon will depend (g). Therefore if a prisoner is pardoned on condition that he find security for his good behaviour (/^), and he accordingly enter into a recognizance, the law tacitly annexes a condition to such pardon, that if the recognizance be forfeited, the original judgment remains in force and may be proceeded upon (?). The prerogative may also be partially exercised in par- doning an offender; so that the King may remit part of the sentence of the law (/f). But it does not seem to be esta- blished whether he can legally change the mode of punish- ment by death: that i^, substitute a mild for a severe one, by altering the hanging or burning into beheading, &c. Both Lord Coke (/) and Sir Matthew Hale (m) thought that the (a) Finch, 235. 1 Dyer, 52. 1 Sid. 401. 2 Hawk. P. C. 394. c. 37. s. 45. 6. Hawk. b. 2. c. 37. s. 32. (A) See 5 Wm. 3. c. 13. (A) See 2 Bos. and Pul. 374, 5. {i) Moor. pi. 662. (c) Dav. 75. 5 Co. 35. 12 Co. 29. {k) Fortescue R. 385. 4 Bla. Com. (d) 2 Hawk. P. C. ch. 37. s. 28. 179. 404, 5. (e) Ante, ch. 2. s,3. (/) 3 Inst. 52. (/) Post. ch. 10. {m) 2 Hal. P. C. 412. (g) Co. Lit 274, b. 4 Bla. Com. King
