Page:Prerogatives of the Crown.djvu/118

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

98 PardonSy Reprieves^ ^c. [Ch. VII. Sec. II. Signet or the Master^ of Requests {a). On this the Judge of course grants the prisoner a respite, either for a limited time or during the pleasure of his Majesty [b) , Sdly, Manner of pardoning, A pardon may be effectually granted either by Act of Par- liament, or under the great seal, and in general, there seems no other legal mode of obtaining one(c). It is settled, that in pleading a pardon it must be averred, that it was granted un- der the great seal, if it be not granted by statute {d) ; and that a coronation pardon, as it is termed, cannot be taken advantage of, unless it be under that seal (^). And, though the King's sign manual, or privy seal {/), declaring his Majesty's intention to pardon the prisoner, is a sufficient authority to the Judges to discharge him(^); yet such sign manual is revocable, and does not amount to a pardon in legal contemplation (A). The mode of pardoning at the Assizes or Old Bailey, if the Judge think the conviction improper, is, by respiting the exe- cution of the sentence, and sending a memorial or certificate ta the King, directed to the Secretary of State's office, stating, that from favorable circumstances appearing on the trial, he is induced to recommend the prisoner to mercy (/). If the King agree in the propriety of the suggestion, as is usual, a sign manual issues, signifying his intention to grant either an absolute or a conditional pardon, and directing the Justices of gaol delivery to bail the prisoner, in order to appear and plead tlp next general pardon that shall come out, which they do accordingly, taking his recognizance to perform the conditions of the pardon, if any are annexed to the indulgence (^). A statute pardon is more beneficial to the prisoner than a (a) 1 Hale, 369. 2 Hale, 412. Lord C. J. Eyre. 1 B. and Pul. 200. (b) 1 Chitty, Crim. Law, 757. (g) 1 Bla. R. 479. 2 Ibid. 797. (c) See 1 Bos. and P. 199. By a late (h) Ibid. 797, 8. 4 Bla. Com. 400. statute, convict not to pay the fees. 5 St.Tri. 166, 175. 1 Leacb, 115. 15 (rf) Ibid. East, 463. 2 B. and Aid. 277, 8. {e) Keble, 707. (i) Dick. Sess. 432, 3. 4 Bla. Com. (/) Under some statutes the King's 404, n. 1. sign manual actually carried into exe- {k) 1 Bla. Rep. 479. 1 Leach, 74' cution and the conditions performed 15 East, 468. Williams's J. Pafdon 3. may amount to a statute pardon, per Dick. Sess. 430. pardon