Page:Prerogatives of the Crown.djvu/123

Ch. VII. Sec. III.] Gaoh. 103. clause of release of all judgments and execution^ in a general pardon, extends to debts due to the King by forfeiture: and extinguishes or merges the debt in the hands of the debtor (a). A charter of pardon after attainder is not sufficient to restore or purify the corrupted blood of the attainted offender (&), and therefore though he may after such pardon purchase and hold lands, yet his descendants who were in esse at the time of the attainder, cannot inherit them; nor can he himself inherit as descendant of another (c). The King's charter is however sufficient to restore the blood as to all future descendants : consequently a son born after such pardon may inherit ((i), unless there be in existence an elder brother who was born before the attainder, and who might have inherited had not the attainder taken place; in which case the younger bro- ther cannot inherit, and the land will escheat pro defectu haredis {e). SECT. III. As to Gaols. Prisons being places of a public description, and connected with the execution of justice, are in general the property of the King (/). And it seems that by the common law his Ma- jesty is impliedly their governor; though by various sta- tutes (^), the custody of gaols, except such as are the legal property or franchise of a subject, is vested in the sheriffs of the different counties {h). His Majesty cannot, therefore, now grant the custody of prisoners to private persons (/). The formation of a new prison can be legally effected only by the authority of Parliament (7^:). (a) 1 Saund. 362, 3. 1 Lev. 120. margin, note a. 8 Term R. 176. Bac. Ab. Pardon, H. 2 Mod. 33. 3 (g) 14 Ed. 3. st. 1. c. 10. 5 H. 4. Ibid. 104. Per C. J. Abbott, 2 B. and c. 10. 19 Hen. 7. c. 10. 11 and 12 Aid. 277, 8. Wm. 3. c. 19. s. 3. 5 Ann. c. 9. (b) 4 Bla. Com. 402. (A) See Ibid. Rol. Ab. 806. Show. (c) Co. Lit. 8, a. Hal. P. C. 358. R. 162. (rf) Ibid. 2 Bla. Com. 234. 4 Ibid. (i) And 345. 4 Co. 34, a. 9 Co. 402i 119. Cro. El. 829,30. (e) Ibid. 1 Hal. P. C. 358. (*) 2 Inst. 705. (/) 2 Inst. 100. Bac. Ab. Gaol, B. SECT.