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Hen. 8. c. 24. Eng. recites, that divers of the most ane 9 Hen.8.c.24 cient prerogatives and authorities of justice, appertain- s. 1. Eng: ing to the imperial crown of this realmı, have been see the king alone vered from tbe same by sundry gifts of the king's pro- to have the
power of pare gen tors, &c.; and enacts, that no person shall have doning. any power to pardon or remit any treasons, murders, man-slaughters, or any kinds of felony; nor any accessaries to any treasons, &c.; or any outlawries for such offences as aforesaid; but the king shall have the wisele and sole power knit to the imperial crown of this realm. It was provided by the Ordin. pio stát. Hiberniæ, 17
17 Edw. 1. c. 6. Ediv. 1. c. 6. Eng. that no pardon of the suit of the king's. Eng. peace for death of a man, or other felony, shail be
Pr'den hories granted by the justice of Ireland; without special coin-.ted in mand of the king under his seals of England. And by another ordinance for the state of Ireland, 31 Edw. 3.
Fdw.3. st. 4. st. 4. c. 6. Eng. charters of pardon shall not be granted • 6. Eng. by the justice of Ireland, but in parliament, or in council, by their assent; and there shall be no general pardon, but the felonies or trespasses shall be specified. But the 6 Geo. 1. c. 12. Ir. and 12 Geo.' I. c. 8. Ir. post* . Vide p. 1249. seem to recognize the right of the lord lieutenant to grant pardons. The 28 Geo. 3. c. 24. Ir, enacts (s. 3.) 28 Geo.3.c.24. that whenever the office of chief governor of Ireland shall be avoided by his deatls, and unul a justice or go. Where office of vernor shall have been elected according to the provi- vacant, Lord sions of this act, the lord chancellor shall have power
chanceilor mai to sispend, respite, or delay the execution of every tences, U. sentence, punisiunent, or penalty, pronounced or adjudged at the suit of the king, until the pleasure of the king be known, or until 14 days from the day when the justice or governor so elected, or comniissioned by tbe king, shall have taken the customary oath of office within this kingdom, as by law required. This prerogative Prerogative reof the king is restrained in respect to the offence of ille- strained by cer. gal in prisonment in prisons beyond the seas by the Ha-, beas Corpus Act, 31. Car. 2. c. 2. Eng. as already stated, 31 Car. 2. c. 2. vol. l. chap. 1. . And it is a provision of the Act of Set- s• 3. Eng. tlement 13 W. 3. c. 2. Eng. that no pardon under the 13 W. 3. c. 2. great seal of England, shall be pleadable to an impeach. s. 3. Eng.
s. 3. tr.
c. 1. E & I.
16 Ric. 2. c. 6. E. & I.
my Edw.4 0.3.
ment by the commons in parliament. The 7 Edw. 4. c. 3. Ir. ante p. 532. restrains the king's power of pardoning provisors: But“ no other Irish statute contains any provisions similar to those above mentioned. As
to the form in which charters of pardon should be 29 Pdw. 3. st.1. granted; the 27 Edw. 3. st. 1. c. 2. E. & I. provides, c. 2, E. & I. that in every charter of pardon of felony, which shall Form of charlers
be granted at any man's suggestion, the said suggestion, of pardon. and the name of him that maketh it, shall be comprised
in such charter; and if upon inquiry by the justices before whom such charter shall be alleged, the suggestion
be found untrue, the charter shall be disallowed. And 13 Pic. 2. st. 2. by the 13 Ric. 2. st. 2. c. 1. E. & I. as amended by the
16 Ric. 2. c. 6. E. & I. no charter of pardon shall be allowed before any justice for murder, or for the death of
a man slain by lying in wait, assault, or malice preHow to be in murder, &c. pensed, treason, or rape, unless the same be specified , .
in such charter; And if any charter of the death of a man be alleged before any justices, in which it is not specified that he of whose death any such was arraignedwas murdered or slain by lying in wait, assault, or malice prepensed, the justices shall inquire by a good inquest, of the visne where such person was slain, if he were murdered, &c. by lying in wait, &c. : and if they find that he was murdered, &c. by lying in wait. &c. the , charter shall be disallowed. And with respect to the
manner of allowing pardons: it was enacted by 10 Edw. 3.st 1. the 10 Edw. 3. st. 1. c. 3. E. & I. that in case the
king shall grant any charters of pardon of manPersons para
slaughter, robbery, felony, or other trespass against doned, lo find security for their the peace, they that shall have such charters shall, good behaviour. within 3 months after the making the same, come and
find before the sheriffs and coroners of the counties where the felonies were done, 6 sufficient mainpernors, for whom the said sheriffs and coroners shall answer, that they from thenceforth shall bear themselves lawfully; and the mainprises shall be sealed with their seals, and returned into chancery within 3 weeks after the end of the said 3 months; and if they that have such charters would aid theinselves' thereby, and shall not
c. 3. E. & I.
find such mainpernors, or, after such such mainprise found, shall demean themselves otherwise against the Peace than they ought; their charters shall be holden for
This statute was repealed in England by the 5 W. & M. c. 13. Eng. which however provides, that if 5 W. & M.
c. 1.3. Eng. any charter of pardon be pleaded by any person for any felony; the justices before whom such pardon shall be Where pardon pleaded, may, at their discretion, remand or commit such pleaded, jus
tices may reperson to prison, until he shall enter into a recogni- quire sureties
for good . zance, with 2 sufficient sureties, for his being of the haviour. good behaviour for any time not exceeding 7 year. Provided that if any such charter of pardon be pleaded by a feme covert, or infant, such feme covert, &c. may find 2 sureties for him or her being of the good behaviour as aforesaid. The 10 Edw. 3. st. 1. c. 3. supra, has not been repealed or modified by any Irish statute similar to the 5 W. & M. c. 13. Eng. supra.
With respect to conditional pardons : The 8 Geo. 3. Where a pardon c. 15. Eng. provides, that where any offender shall be is granted on
condition of convicted of any crimes for which he is by law to be transportation,
the judge who excluded the benefit of clergy, and the judge, or justice reprieved usof and terminer, or gaol-delivery, in any county, muke an order
fender oyer &c. before whom such offender shall be convicted, shall for his trans
porlation. grant a reprieve for the staying of execution of such offender, and recommend bin to his majesty as a proper Eng. object of mercy; if the king shall extend mercy to such offender upon condition of transportation to any part of America, and such intention of mercy shall be signified by one of the principal secretaries of state to the judge so recommending, it shall be lawful for such judge, &c. to make an order for the immediate transportation of such offender, as if such intention had been signified during the continuance of the assizes at which such offender was condemned; and such order shall be consi- Efect of such dered as an order made at such assizes or place, &c.: and such offender shall be transferred, conveyed, and made over to any person who will contract for the perfurmance of such transportation, and to his assigns, for 14 years, in case such condition of transportation be general; or else for such other term as shall be made part
8 Geo, 3. c. 15.
of such condition, if any particular time be specified by
the king; and such person so contracting, or his assigns, Fffect of such shall have a property in the service of such offender for Hunsporlarion, such term as aforesaid; and such transportation shall
have the effect of a pardon under the great seal for such offender, as to the crime for which he was so convicted ; but if any such offender so ordered for transportation, shall be afterwards at large within Great Britain, without some lawful cause, before the expiration of the term for which such offender shall have been ordered to be transported, such offender being thereof convicted, shall suffer death as in cases of felony without benefit of clergy, and shall be tried before such judges, and in such mavner, and the same evidence made use of for his conviction, as directed by the laws now in being for the trial of other felons found at large within this kingdom
before the expiration of the term for which they were Keward for diss
ordered to be transported : and whoever shall discover, govering, oc apprehend, and prosecute to conviction of felony with persons being at large aster out benefit of clergy, any such offender so found at transportation.
large, he shall be entitled to the like reward of £20. and certificate, and in the same manner, as any person may be entitled to for discovering, &c. any person ordered to be transported, and found at large within this kingdom before the expiration of the term for which
such person was ordered to be transported. And the 24 Geo: 3.st. 2. 24 Geo. 3. st. 2. c. 56. Eng. further enacts (s. 1.) that 6,56, s.l.Eng.
when the king shall extend merey to any offender, conWhere person victed of any crime for which he is by law excluded pardoned on condition of from the benefit of clergy, upon condition of transporttransportation, Hing may, trans- ation beyond the seas, either for life or years, and such Jer convici to
intention shall be signified by one of the principal secreany person.
taries of state; it shall be lawful for any court, having proper authority, to allow such offender the benefit of a conditional pardon, and (except in cases where such offender shall be authorized by his majesty to transport himself) to order the transfer of such offender to any person who shall contract for the due performance of such transportation, and his assigns, for such term of years,
for which such offender shall have been ordered
to in the service
to be transported, or for such term of life or years as shall be specified in such condition of transportation ; and such person so contracting, or his assigns, shall have Contractor to a property in the service of such offender, for such terms have a property respectively, and when any offender shall be convicted of convici. of any crime for which he is by law excluded the benefit of clergy, the judge before whom he shall be convicted, or any justice of K. B. or C. B. or baron of Exc. of the degree of the coif, (in case the offender shall have been tried at any court of oyer and terminer, or gaol delivery, in England, or any justice of Chester or Wales, in case Judge who tried the offender shall be convicted within their jurisdictions) make an order
offender may, on such intention of mercy being signified to him for his transby one of the principal secretaries of state, make an order for the immediate transportation of such offender, in the same manner as if such, intention of
had been signified during the continuance of the assizes or sessions at which sueh offender was condemned; and such order shall be considered as an order made at such assizes or sessions, &c. The otber clauses of this statute ante p. 1223-4. are to be here also referred to. The 6 Geo. 1. c. 12. Ir. also enacts, (s. 1.) that where any
6 Geo. 1. c. 19. person shall be convicted of any crime for which he is s. 1. Ir. by law excluded the benefit of clergy, and the king, or
Where Pardon chief governor of Ireland, shall extend mercy to such granied un cer
dition of transa offender on condition of transportation to America, it portation, win shall be lawful for the judges of assize, judges of the muy altezu suck king's. bench, commissioners of oyer and terminer, and justices at the sessions to be bolden for the city and county of the city of Dublin, to allow such offender the benefit of a pardon on condition of transportation; and such judges, &c. shall direct a warrant of transportation for such offender.* And the 12 Geo. 1. c. 8. Ir. further
12 Geo. 1. co . enacts, (s. 10.) that when the king, or lord lieutenant, s. 10. Ir.
The remainder of this clause of the 6 Geo. 1.c. 12. which relates to the transtnisxion of such offenders, their maintenance till transportation, and to the presenting money to defray such expenses, appears to be repealed by the 26 Geo. 3.c. 24. 4, 71, Ir. ante p. 1230. And Mr. Ball makes it à query Whether the ic Gc0.1.4. B. S. 10. post, is not also repealed by the same satute,