Signet or the Master of Requests (a). On this the Judge of course grants the prisoner a respite, either for a limited time or during the pleasure of his Majesty (b). 3dly. Manner of pardoning. A pardon may be effectually granted either by Act of Par liament, or under the great seal, and in general, there seems no other legal mode of obtaining one (c). It is settled, that in one(c). pleading a pardon it must be averred, that it was granted under the great seal, if it be not granted by statute (d); and that a coronation pardon, as it is termed, cannot be taken advantage of, unless it be under that seal (e). And, though the King's sign manual, or privy seal (f), declaring his Majesty's intention to pardon the prisoner, is a sufficient authority to the Judges to discharge him (g); yet such sign manual is revocable, and does not amount to a pardon in legal contemplation (h). The mode of pardoning at the Assizes or Old Bailey, if the Judge think the conviction improper, is, by respiting the execution of the sentence, and sending a memorial or certificate to the King, directed to the Secretary of State's office, stating, that from favorable circumstances appearing on the trial, he is induced to recommend the prisoner to mercy (i). If the King agree in the propriety of the suggestion, as is usual, a sign manual issues, signifying his intention to grant either an absolute or a conditional pardon, and directing the Justices of gaol delivery to bail the prisoner, in order to appear and plead the next general pardon that shall come out, which they do accordingly, taking his recognizance to perform the conditions of the pardon, if any are annexed to the indulgence (k). A statute pardon is more beneficial to the prisoner than a (a) 1 Hale, 369. 2 Hale, 412. (b) 1 Chitty, Crim. Law, 757. (c) See 1 Bos. and P. 199. By a late statute, convict not to pay the fees. (d) Ibid. (e) Keble, 707. (f) Under some statutes the King's sign manual actually carried into execution and the conditions performed may amount to a statute pardon, per Lord C. J. Eyre. 1 B. and Pul. 200. (i) Dick. Sess. 432, 3. 4 Bla. Com. 404, n. 1. (k) 1 Bla. Rep. 479. 1 Leach, 74. 15 East, 468. Williams's J. Pardon 3. Dick. Sess. 430. pardon pardon by the King's charter, under the great seal. The former, if made by a public act, need not be pleaded, but the Court must, ex officio, notice it (a), which does not hold in the case of a charter of pardon, and it therefore lies upon the prisoner to insist upon and prove it (b). Neither can he lose the benefit of the statute pardon by his own laches or negligence, or by his omission to plead it at the trial (c), as he may of the King's charter of pardon; for if the prisoner plead the general issue, or any other plea, when he might plead the King's charter of pardon, he is considered to have waived it, and cannot afterwards plead it in his defence (d). It is, however, clear in general, that if a prisoner avail himself thereof, as soon as by course of law he may, a pardon may be pleaded either upon arraignment, in arrest of judgment, or in bar of execution (e). In order to render the charter valid, it is necessary that it be correct, and sufficiently full in its statement of facts (ƒ). It is laid down, as a general rule, that wherever it appears by the charter that the King was misinformed, or not fully apprized of the seriousness of the crime committed by the offender, and of the extent to which legal proceedings have been carried against him, the pardon is void, upon a presumption that it was gained from the King by imposition (g). It has, therefore, been determined, that a pardon of a person attainted of felony is ineffectual, unless it mention the attainder, or unless it recite the indictment and conviction, in case he has been convicted by verdict (h). The statute 13 Rich. 2. st. 2. c. 1 (i). enacts, that no pardon for treason, murder, or rape, shall be allowed, unless the offence be particularly specified therein; and particu (a) Foster, 43. (b) See Cro. El. 153. (c) 1 Wils. 214. 4 Bla. Com. 402. In 1 Wilson Repts. 150, where the prisoner being brought up to receive sentence on an old conviction, pleaded that he was not the same person convicted, which on issue joined was found against him; the Court held that he was not afterwards at liberty to plead an act of grace, or general pardon; observing, that the defendant had been asked what he had to say, &c. and could not be asked twice, and that the plea came too late, he having made his election what to rely upon. (d) Ibid. 4 Bla. Com. 402. Bac. Ab. Pardon, G. (1.) (e) 4 Bla. Com. 402. (f) The statute 27 Edw. 3. c. 2. enacts, that in every pardon of felony which shall be granted at any man's suggestion, the said suggestion and the name of him that made it, shall be comprized therein, and if the suggestion be untrue, the charter shall be disallowed. (g) Ibid. 3 Inst. 238. 4 Bla. Com. 400. Bac. Abr. Pardon, D. 4 Hawk. P. C. 336 Bk. 2. c. 37. s. 8. Post. ch. 16. Grants. (h) Hawk. ubi supra. (i) And see 16 Rich. 2. c. 6. larly in murder, it shall be expressed whether it was committed by lying in wait, assault, or malice prepense. This statute is, it will be observed, confined to cases of treasons, murder, and rape. With respect to other offences, it seems, that if no legal proceedings have been commenced against offenders, they will be protected by a general and indefinite pardon of all felonies or misdemeanors by them committed,' although the offences of which they have been guilty be not specifically pointed out, and designated in the charter. Thus, a general pardon of all misprisions, trespasses, offences, and contempts, includes a contempt in making a false return, striking in Westminster Hall, barratry, a premunire, and (it is said) any crime which is not capital (a). However, no charter of pardon can be extended beyond its express and clear purport and meaning; and, therefore, a pardon of all felonies will not include such offences as are not strictly such in legal contemplation, as piracies, &c. (b). And if the King, after reciting in his charter an attainder of felony, pardon the execution only, his Majesty does not thereby pardon the felony itself, or any other consequence of it, besides the execution (c). Where there is any doubt the leaning is, however, in favour of the subject, for whose benefit the pardon was granted (d). The pardon of a principal before conviction necessarily enures to the benefit of the accessary also, by implication of law; because he cannot be arraigned before the conviction of the principal (e). A pardon to A. and B. of all offences whereof they are indicted, must be taken severally, from the nature of the thing; because the offences are several, and consequently so is the operation of the pardon (ƒ). "The King pardons his loving and obedient subjects:" this extends to aliens, if here at the time, though not made denizens (g). The general rule is that if a felony has its commencement, but not its completion, before the pardon is granted, the pardon operates in favor of the prisoner, as it would have done if the felony had been complete before the pardon. By pardoning the act, the consequences of it are pardoned also; though such conse quences may not have occurred at the time of the pardon: as in the case of pardoning homicide, where the death, occasioned by the wound, transpired after the pardon was granted (a). It was however held that if a man gave a blow (which, unless death ensued, was not a capital offence, but merely a misdemeanor by the common law) and a pardon was granted of all misdemeanors, but not of murder, and the party wounded afterwards died, the felony is not pardoned (b). Formerly by the statute 10 Ed. 3. st. 1. c. 3. no pardon of felony by the King's charter could be allowed or was effectual without a writ of allowance, testifying that the prisoner had found six sureties before the Sheriff and Coroners of the county (c). This statute of Ed. 3. did not extend to pardons of treason (d); and it being found that its operation bore too harshly upon offenders, it was at length entirely repealed by the statute 5 and 6 Wm. 3. c. 13. That statute, however, provides, sect. 2, "that if any charter of pardon be pleaded by any person for any felony, the Justices before whom such pardon shall be pleaded, may, at their discretion, remand or commit such person to prison, there to remain until he or she shall enter into a recognizance, with two sufficient sureties, for his or her being of the good behaviour for any time not exceeding seven years. Provided, that if any such charter of pardon be pleaded by a feme covert or infant, such feme covert or infant may find two sufficient sureties, who shall enter into a recognizance for him or her being of the good behaviour as is aforesaid." The Court in exercising this their discretion, will not require the pardoned offender to find sureties according to the statute, unless it appear that he is a person of ill fame, and one whose general conduct has been suspicious (e), and sureties have been rarely required (ƒ). The mode of granting a reprieve has been already mentioned (g). (a) Plowd. 401. Hal. P. C. 426. Dyer, 99. pl. 65. Foster, 64. (b) Ibid. (c) See Plowd. 502. Sid. 41. Salk. 499. 4 Bla. Com. 402. (d) Cro. El. 814. Noy, 31. (e) See Rex v. Chetwynd, 9 State Tri. 527. Stra. 1203. (f) As to the manner of pleading a pardon, see further Bac. Ab. title Pardon, G. 1 Chitty, Crim. Law, 775. (g) Ante, 97. The The law of transportation is founded on several statutes (a) which provide generally, that the transportation shall have the effect of a pardon under the great seal, as to the offence for which the offender was transported. By the word transportation, in the statute 8 G. 3. c. 15. is meant not merely the conveying the felon to the place of transportation, but his being so conveyed and remaining there during the term for which he is ordered to be transported; and therefore a felon attainted is not by that statute restored to his civil rights till after the expiration of the term for which he was ordered to be so transported (b). 4thly. Effect of a Pardon. The King's pardon, if general in its purport and sufficient in other respects, obliterates every stain which the law attached to the offender. Generally speaking, it puts him in the same situation as that in which he stood before he committed the pardoned offence; and frees him from the penalties and forfeitures to which the law subjected his person and property (c). Though a pardon cannot wash away those doubts with which the evidence of one who has committed a serious offence will be received; yet in point of law, a legal pardon impliedly removes the stigma and restores a man to credit, so as to enable him to be a witness (d); and it so far makes him a new man as to entitle him, according to some of our old books, to bring an action against any one who scandalizes him in respect of the crime pardoned (e). When the offender's property and civil rights have once vested in the King they cannot be restored to the offender, nor are they divested from his Majesty by a mere pardon, without a clause of restitution (ƒ). It seems however that a |