Page:Prerogatives of the Crown.djvu/117

Ch. VIL Sec. ir.] PqrdonSy Reprieves, S^^c, 91 King was not possessed of this prerogative. But the contrary is laid down by other great authorities (a). They contend that this prerogative, being founded in mercy and immemo-'- rially exercised by the Crown, is part of the common law. As pertinently observed by Sir William Blackstone(6): " how far this may fall within the King's power of granting condi- tional pardon (viz. by remitting a severe kind of death on condition that the criminal submit to a milder) is a matter that may bear consideration." Several instances are also mentioned by Hume and others, in which this latter prerogative has been claimed and exercised by the Crown. As however no judicial determination is to be found, and so great a contrariety of sentiment has prevailed upon the point, there is much diffi- culty in coming to a satisfactory conclusion respecting it. The better opinion seems to be, that the King is entitled to the prerogative in question; and that as he may pardon a criminal on certain conditions, there is no objection to the condition being the offender's submission to a less severe punishment. The punishment which the law has inflicted is certainly altered by this prerogative : but the power of pardon- ing or punishing is left by the British constitution very gene- rally with the King. The term reprieve is derived from reprendre, to keep back, and signifies the withdrawing of the sentence for an interval of time, and operates in delay of execution (c). It is granted either by the favor of his Majesty himself, or the Judge before whom the prisoner is tried, on his behalf; or from the regular operation of law in circumstances which render an immediate execution inconsistent with humanity or justice (rf). This temporary mercy may be extended ea: mandato regis^ or from the mere pleasure of the Crown expressed in any way to the Court by whom the execution is to be awarded {e). The intention of his Majesty may be signified ore tenus, by a verbal message, or by sending his ring in token of his design ; but, at the present day, the intimation is usually made by the Privy (a) Foster, 2^0. Fitz. N. B. 244; Ibid. 412 to 414. H.uk. b. 2. c. 51. h. 19. Rym. Feed. 284. 4 Bla. Com. s. 8, 9, 10. Williams's J. Execution 404, 5. ' and Reprieve. (i) 4 Comm. 405. (rf) 1 Chitty, Grim. T^w, 757. (c) 4"Bla, Com. 394. As to rrpricyes (e) '2 Hale, 412. 1 Ibid. 1368, Hawk, in genf ral> see 1 Hale, 368 to 570. 9 b. 2. c. 51. s. 8. H Signet