Anonymous (1795) 3 Salk 265
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 816
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
3. anonymous. The King may pardon felony, and he who pleads it must find security for good behaviour. Cap. 13. Carth. 120, 121. 2 Salk. 499. The King may pardon felony; but then, by the Statute* 10 Ed. 3., he who will have the benefit of such pardon must within three months after find sureties for his good behaviour by recognisance to be returned into the Chancery; if he doth not, then the pardon ia void ; but this statute is now repealed by the Statute 5 & 6 Will. 3., by which it is provided, that where a pardon is pleaded by any person for felony, the Judge before whom it is pleaded, may at his discretion remand or commit suck person to prison, there to remain till he or she shall enter into a recognisance, with two sufficient sureties, for his or her being of the good behaviour for any time under seven years; and that an infant or feme covert pleading a pardon, shall find two such securities, who shall enter into a recognisance, as aforesaid. 1. If a man commit felony, and inquisition ia taken, and then comes a general pardon, yet the forfeiture remains unless there are words of restitution. 5. Where a man is guilty of simony, and afterwards there is a general pardon for all offences which the King can pardon, yet the parson so guilty may be deprived, because simony is malum in se. [266] 6. So if a man marries hist sister, he cannot be pardoned (a) a parte ante ; yet he may be divorced and punished if he cohabits with her afterwards, for the subsequent cohabitation is a new crime. 7. Where a man is indicted for treason a pardon is good, though it doth not mention the indictment; but it is not so where the defendant is indicted for murder, for by the statute 27 Ed. 3, cap. 2, the pardon must recite the indictment. 8. Where a statute pardon contains exceptions in the body of the Act, he who pleads such statute, to entitle himself to the benefit thereof, must aver himself not to be a person excepted ; but where the exceptions follow in a distant clause by way of proviso, he needs not. * Cap. 3. (a) Punished. parliament. 1. A prorogation of the Parliament is always by the King, and in this case the sessions must begin de novo; but an adjournment is by each house, and the sessions continue notwithstanding such adjournment. 2. An order was made to apprehend W. E., and to take him into custody, for arresting a person who claimed a privilege under a...
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