case the king against cony and obrian murder may be pardon without the word  murder be insert in the pardon SC skin SC show t Jones more Keilw stand Inst  style march show lev Mod hawk p c ld ray salk hale Bac Abr the defendant be  convict for the murder of Mr Tyrrwhite and Mr Forster in a duel and now plead  their pardon in which there be a clause non to stand before the statute of  Edward c which appoint he who have a pardon of felony to find surety for his  good behaviour by will mary c the statute of Edward c be repeal and it be  enact that the justice before who any pardon for felony shall be plead may at  their discretion remand or commit the person who plead it to prison till he or  they shall enter into a recognizance with two sufficient surety for the good  behaviour for any time not exceed seven year provide that if such person be a  infant or feme covert he or she may find two sufficient surety who shall enter  into a recognizance for his or her be of the good behaviour as aforesaid  But  there have be no instance since this statute of the court be require a  recognizance for the good behaviour of a person pardon for murder king v  chetwynd strange state trial Bl Rep Bl Rep a before it shall be allow and  another non to stand before to the statute of Richard c which enact that if  the offence be not specify in the pardon it shall not be allow by will mary  sess c it be declare and enact that no dispensation by non to stand before of  or to any statute or any part thereof shall be allow c see   light hawk p c  side b now the word murdrum be not in this pardon the offence be express by  these general word felonica slaughter and whether it extend to pardon murder  be the question Mr astry the clerk of the crown inform the court that one  Alexander Montgomery of eglington plead the like pardon for murder but it be  hold insufficient and the court give he time to get his pardon amend which be  do likewise in this case the defendant come again on another day and counsel  be allow to plead for they insist that the pardon be good and that the murder  be sufficient pardon by these word that it be in the power of the king to  pardon by general word and his intent do plain appear to pardon the defendant  that the murder of a person be right express by felonious kill though not so  proper as by the word murdrum itself the omission of which word will not make  the pardon void and to prove this he cite the sheriff of Norfolk case Richard  pl a c who be indebt to the king during the time he be sheriff and be pardon  by the name of I W esquire who be the same person de omnibus debt is owed et  computation c afterward he be charge in the exchequer for one hundred pound  where he plead this pardon and it be hold good though he be not name sheriff  and so not pardon by the name of his office yet the king intention appear in  his charter and have pardon he by his right name that be sufficient and in  that case the king himself be concern in point of interest modern the book all  agree see lucas case more   Inst d that before the statute of Richard c the  king may pardon murder by the word felony now this prerogative be incident to  the crown and inseparable from the person of the king be not design to be  whole restrain by that Act for the parliament only intend that by specify the  offence in the pardon the king shall be right inform of the nature of it and  when he understand it to be murder he will not grant a pardon but admit his  power to be restrain by that statute yet a non to stand before be a  dispensation of it and therefore this pardon ought to be allow Staundf p c a  the pardon be hold good by the whole court modern er p and jefferies chief  justice say that he have propose this case to all the judge of England and  they be all of the same opinion and that he remember dudley case king v Dudley  in Trinity term car the pardon in this case be general of all trespass murder  robbery felony c with a non to stand before of the statute of Richard c or any  other statute the court incline that this pardon ought not to be allow for  that a general non to stand before be not sufficient without recite the effect  of the indictment as to the offence of which the party be convict for that the  king can not pardon murder without a special recital of the fact and the  counsel for the prisoner perceive the inclination of the court advice he to  endeavour to procure another pardon with special word I side Mr sergeant  Hawkins however admit it to have be adjudge that a murder may be well pardon  under the general description of a felonious kill with a non to stand before  of the Richard c but he doubt the propriety of such determination see hawk p c  ch S b where a pardon in general word be allow hilary term the thirtyfifth of  Charles the second in the king bench sir George jefferies Knt chief justice  sir Francis Wythens Knt sir Richard Holloway Knt sir Thomas Walcot Knt justice  sir Robert sawyer Knt attorneygeneral Heneage finch Esq solicitor general