The King and Queen against Anonymous
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | High Court |
English Reports Citation: 87 E.R. 263
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS, EXCHEQUER.
case 24. the king and queen against anonymous (d). A pardon of murder, reciting the verdict, may, after allowance, be pleaded in bar to judgment, although the offence be pardoned by the express name of murder, and there is no non obstante of the statute of 13 Rich. 2, c. 1. The defendant, some years since, killed one J. S. and fled for the same. He appeared ; and was tried the last assizes in H. and found guilty of murder; and being brought to the Bar, he pleaded his pardon ; in which pardon the verdict was inserted. The writ of allowance, which is the warrant remaining in Court for the Judges to allow the pardon, was then read, reciting the pardon; and sureties found, according to the statute of 10 Edw. 3, c. 2 (a). And now several reasons were offered by counsel against the allowance of the pardon : for as the law now stands, he said, with some heat (6), that it was casus prince impressionis. It appears by the very pardon, that upon not guilty pleaded, the jury have found the defendant guilty of murder; then comes the pardon, and after the recital of the offence, it ia " sciatis, &c. quad nos pietate moli pardanavimus murdrum, &c,." Now the Kings of England have been always so far from the pardoning of murder by express name, that formerly they did not so much as pardon homicide but in very soft and gentle words, as " sedampads nostne quce ad nos pertinet de homicidiis (c)." In the register there are forms of writs of allowance, where the King extends his mercy to murderers per infortunium, but no such writ of allowance for murder ; for it is a crime for which no mercy should be shewed; and this appears by the coronation oath, part of which is, that " the King will shew mercy where it ought to be ;" which implies, that in some cases mercy ought not to be shewn. And if in any case, then certainly in this, for here is nothing pardoned but what appears to be ex malitia prcecogitatd, which cries for justice, and not for mercy (d). The ancient laws were so tender of (b) Thompson v. Miles, 1 Roll. Abr. 450, pi. 9. (e) See the case of Victoria v. Cleeve, 2 Stra. 1250; Lilly v. Ewer, Dougl. 72; Taylor v. Woodness, Park. Insurances, 349. (d) This seems to be the case of Rex v. Parsons, 1 Show. 283. Holt, 519. 2 Salk. 499. (a) This statute is repealed by 5 & 6 Will. & Mary, c. 13, which enacts, "that if any charter of...
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