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Parson's Case

Maclean & Robinson's Appeal Cases English Reports Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1826
Date01 January 1826
CourtHigh Court

English Reports Citation: 89 E.R. 377

THE COURTS OF KING'S BENCH AND COMMON PLEAS

Parson's Case

. in banco regis 377 case 675. parson's case. S. C. 2 Salk. 499. 1 Show. 283. 4 Mod. 61. Holt, 519. The King may pardon murder as well since as before the Bill of Rights : but semb. not by general words. Parsons being convicted of murder obtained his pardon, and being brought to the Bar pleaded it, and produced his writ of allowance, and the pardon had in it the word murdrum, arid the allowance of it was opposed by Sir H. Winnington on the behalf of the prosecutor, who insisted upon it, that the King could not pardon murder at this time since the Bill of Rights, which had taken away the non obstantes ; and he insisted, that before the King could not do it without a non obstante to the statutes of Ed. 3, and Rich. 2 ; and non obstantes being now taken away, that he could not do it at all. [502] But it was held by the whole Court, that this pardon was good, and ought to be allowed ; for that the King might at the common law have pardoned murder; and that appears by those very statutes which limit his power in that particular ; and the drift of those statutes is no more, but that the King should not be surprised by pardoning it by general words; and therefore since the making of those statutes a pardon of felonies, &c. would not...

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