Cooke's Case

JurisdictionEngland & Wales
Judgment Date01 January 1741
Date01 January 1741
CourtCourt of the King's Bench

English Reports Citation: 90 E.R. 675

IN THE COURT OF KING'S BENCH

Cooke's Case

CAETHEW, 121. TERM. PA3CH. 2 W. AND M. B. R. 675 cooke's case. The defendant pleaded his pardon for a murder; it ought not to be allowed without a writ of allowance. This Cooke was outlawed for murder, and brought a writ of error to reverse it, which being done, he was forthwith arraigned, and pleaded his pardon under the [121] Great Seal, in which there was no obstante for his not finding sureties for his good behaviour. Holt Chief Justice. The pardon ought not to be allowed without a writ of allowance directed to the Judges of this Court out of Chancery, testifying that he hath found sureties before the coroner and sheriff, &c. according to the * statute, by which 'tis enacted, that he who hath a pardon of felony shall within three months after such pardon find sureties before the sheriff and coroner for the good behaviour, which shall within three weeks after the three months be returned into the Chancery, under the seals of the said sheriff and coroner ; and if the party...

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1 cases
  • Anonymous (1795) 3 Salk 265
    • United Kingdom
    • Court of the King's Bench
    • 1 Enero 1795
    ...AND EXCHEQUER.Anonymous 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......

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