Page:Prerogatives of the Crown.djvu/112

92 Pardons^ Reprieves^ S^^c. [Ch.VII. Sec.IL the pardon will save the party from any fine to the time when such pardon was granted : in this case the objection that the King cannot by previous licence dispense with or suspend the operation of the laws, does not apply. The Crown may par- don mala praxis (a). The King's prerogative right to pardon violations of the law is not confined to offences punishable at common law by indictment. His Majesty may by a charter of pardon dis- charge not only a suit in the spiritual court ex officio; but also any suit in such court ad instantiam pai'tis pro rcfoi^iatione mofiim or salute anima;; as for defamation, or laying violent hands on a clerk, &c. {b But the King cannot, by pardon- ing, discharge any suit in a spiritual (or other) court in which the plaintiff seeks to recover any property ; or in which an interest is vested in him : as in the case of a suit for tithes or legacies (c). The King's right to pardon is also taken from him by sta- tute in certahi cases, in favour of public liberty. Thus to commit a subject to prison beyond the realm is by the Habeas Corpus Act made a praemunire which the King cannot par- don {d). So the King's pardon under the great seal is not pleadable in bar of an impeachment by the House of Commons {e). Yet, as remarked by Sir Wm. Blackstone {/), " after the im- peachment is solemnly heard and determined, it is not under- stood that the King's royal grace is farther restrained or abridged ; for after the impeachment and attainder of the six rebel lords in 1715, three of them were from time to time re- prieved by the Crown, and at length received the benefit of the King's pardon." It seems agreed that notwithstanding the King's pardon to a simonist coming into Church contrary to the purport of 31 Eliz. c. 6. ; or to an officer coming into his office by a cor- rupt bargain contrary to the purport of 5 and 6 E. 6. c. 16.; may save such clerk or officer from any criminal prosecution (a) Ld. Raym. 214. {d) 31 Car. 2. c. 2. s. 12. {b) 2 Hawk. P. C. c. 23. s. 41. 5 (/?) See 12 and 13 Wm. 3. c. 2. s. 3. Co. 51. Latch. 190. (/) 4 Com. 399, 0. And in Fortes- (c) 5 Co. Rep. 51 . Cro. Car. 46, 47. cue R. 385, 397, the judges agreed that Latch. lUO. When the pardon dis- the King might pardon a party attaintetl charges the costs awarded in these cases. of high treason, by a bill of attainder See 5 Bac. Ab. 288. 2 Mawk. c. 37. in Parliament, s. 41. 2 Rol. Ab. 304. in