Dominus R v Parsons
| 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. 428
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Hill. 3 W. & M. B. R.
428 PARDON GENERAL AND SPECIAL 2 HALKELD, 600. pardon general and special. 1. dominus rex versus parsons. [Hill. 3 W. & M. B. E.] Pardon for murder not to be allowed without writ of allowance, certifying sureties taken for the peace. See 1 Saund. 3G2. 1 Lev. 25, 26, 120. 3 Lev. 136, 332. Eaym. 13, 370, 477. Faresl. 153. 1 Show. 283, S. C. Holt 519. Parsons was indicted, convicted, and attainted for the murder of Mr. Wade, and pleaded their Majesties' pardon; and note, it was for murder by express words, without any non obstante, the turn, olstante being taken away by the Statute of W. & M.* And Holt, C.J. asked for the writ of allowance, which should certify be had found surety of the peace within eight (a) months after the pardon; whereupon the writ of allowance was read : and Holt, C.J. said, that the Court ought not to allow the pardon till thus certified, and that this was a condition precedent, by the Statute of Edw. 3; and Winnington moved, that the pardon ought not to be allowed; arguing, that the crime could not be pardoned : but Holt, C.J. said, there was as good reason why the King should pardon an indictment for murder, which is his suit, as why a subject should discharge an appeal, which is the suit of the subject; and that the King was, by his coronation-oath, to shew mercy as well as to do justice. He said, the statute of 2 Ed. 3, c. 3, meant only, that the King should be fully informed before he pardoned any felony; and that the reason of that, and other restrictive statutes, was for that, after the Statute of...
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