Page:Prerogatives of the Crown.djvu/110

90 Pardons, Reprieves, ^. [Ch.VII.Sec.IL the usurpation of the former (a). It is an incommunicable prerogative {b) ; except, perhaps, in the colonies, where, by grant from the Crown, it may be exercised by tlie governor, &c. (c). And, by statute 30 Geo. 3. c. 4?7. the King .may, by commission under the great seal, authorize the Governor, &c. of New South Wales, &c. to remit the whole or any part of the term for which offenders may have been transported (rf). 2dly, When and honso far the King may pardon ; and of Dis- pensations, Non-obstantes, and Reprieves, The King's right to pardon and remit the consequences of a violation of the law, is confined to cases in which the prosecu- tion is carried on in his Majesty's name, for the commission of some offence affecting the public, and which demands public satisfaction, or for the recovery of a fine or forfeiture, to which his Majesty is entitled. Non potest rex gratiamfaceie cum injnrid et damno aliorum [e). Hence, his Majesty has no legal right to pardon a person found guilty on an appeal of murder, &c. it being a proceeding instituted at the suit, and in the name of a private individual {f) ; though, it seems, that his Majesty may pardon the burning of the hand, which is inflicted by statute on a conviction of manslaughter, on an appeal, such punish- ment being collateral to the object of the appeal, and intended as a satisfaction to public justice [g). Nor can the King's pardon be considered a legal discharge of an attachment for non-payment of costs, or non-performance of an award, &c. (A), for though such attachment is carried on in the shape of a cri- minal process, for a contempt of the court, yet it is in effect, and substantially a civil remedy, or execution for a private injury [i). So, where any legal right or benefit is vested in a (fl) Iko. Ab. tit. Charter de Pardon, s. 53. 4 Bla. Com. 398. 1 Chitty's 22. dim. Law, 762, 3, 4. See the late Act. {b) Jenk. 171, pi. 36. Hob. 183. (g) 5 Co. Rep. 50, a. 2 Hawk. P. 155. 7 Co. 36. Mo. 764. 27 Hen. 8. Co. 37. s. 39. See do. El. 682 ; but C.24. s. 1. see Moor. 571. 1 Stra. 529, 30, per (c) Ante, ch. 3. Eyre, J. d) See 2 B. and Aid. 258. {h) 4 Bla. Com. 885. (e) 3 Inst. 236. (i) Ibid. 2 Willes, R. 292, note b. (/) Ibid. 237. Hawk. bk. 2. c. 37. 16 East, 300, 1. subject,