case the king and queen against anonymous this seem to be the case of king v  parson show holt salk d a pardon of murder recite the verdict may after  allowance be plead in bar to judgement although the offence be pardon by the  express name of murder and there be no non to stand before of the statute of  Richard c the defendant some year since kill one I S and flee for the same he  appear and be try the last assize in h and find guilty of murder and be bring  to the bar he plead his pardon in which pardon the verdict be insert the writ  of allowance which be the warrant remain in court for the judge to allow the  pardon be then read recite the pardon and surety find accord to the statute of  Edward c this statute be repeal by will mary c which enact that if any charter  of pardon be plead by any person for any felony the justice before who such  pardon shall be plead may at their discretion remand or commit such person to  prison there to remain until he or she shall enter into a recognizance with  two sufficient surety for his or her be of the good behaviour for any term not  exceed seven year a and now several reason be offer by counsel against the  allowance of the pardon for as the law now stand he say with some heat sir  Francis winnington b that it be casus chiefs impressionism it appear by the  very pardon that upon not guilty plead the jury have find the defendant guilty  of murder then come the pardon and after the recital of the offence it be to  know c quod our responsibility movement pardonavimus murdrum c now the king of  England have be always so far from the pardon of murder by express name that  former they do not so much as pardon homicide b t in very soft and gentle word  as sectan peace our men ad our to stretch out de homicide Inst c in the  register there be form of writ of allowance where the king extend his mercy to  murderer per misfortune but no such writ of allowance for murder for it be a  crime for which no mercy shall be show and this appear by the coronation oath  part of which be that the king will show mercy where it ought to be which  imply that in some case mercy ought not to be show and if in any case then  certain in this for here be nothing pardon but what appear to be ex ill will  praecogitata which cry for justice and not for mercy see king v Huggins fitzg  d the ancient law be so tender of modern er p pardon even for homicide which  be a offence of far less gild that the modern statute of Edward c be make to  prohibit such charter but where the king may grant they by his oath that be  where a man be kill per misfortune or in his own defence two year afterward in  the four year of Edward the three Edward c see sir W Staundfords plea of the  crown b a e another law be make take notice that pardon have be grant contrary  to the former Act and thereby it be declare that no man shall be pardon but in  parliament and because king have be deceive by false suggestion and have  thereupon dispense with these statute with a clause of non to stand before  insert in the pardon therefore the statute of Edward c be make which provide  that in the pardon shall be contain the name of those person at who suggestion  it be obtain which if find false the pardon be not to be allow afterward upon  the grievous complaint of the commons of England against such pardon the  statute of Richard c be make by which it be express enact that all pardon for  murder shall be disallow but by the iniquity of late time non to stand before  have be use to dispense with these statute which my Lord coke Inst a call  excellent law for the realm but by this mean they be make ineffectual though  ground upon the law of God it be observe by that judge that before the make of  that statute of Richard c a pardon of felony will discharge not only treason  but murder likewise therefore it be enact by that law that the offence commit  shall be specify in the pardon of murder by express name because if it shall  be specify as such in the letter patent the parliament do believe the king  will never pardon it but notwithstanding the new invention of non to stand  before to those statute my Lord roll in give judgement in Ricabies case march  style b say that the king can not dispense with this statute no more than he  can with buy and sell of office contrary to the statute of Edward c because it  concern justice and be make for the advancement thereof which the king have  promise to observe and that such manner of pardon be contrary to the know and  settle practice for two hundred and six year and never beard of before Spencer  case dyer c which be carry with a strong hand and pro here vice so much but  admit the law and practice to be so former yet now by the statute of William  mary c which be pen by way of declaration the pretend power as it be there  call of modern dispense with law or the execution thereof by regal authority  be declare illegal if therefore by this law non to stand before be take away  nobody will affirm that this pardon can be good without such clause see  Rastalls Ent d curian a general non to stand before without a particular  recital of the crime for which the party be convict be not good since the make  the statute of Richard c dudley case side e but at the commonlaw both before  and since that statute the king may pardon murder with a special recital of  the fact non to stand before that or any other statute by will mary saint c a  Act for declare the right and liberty of the subject it be enact that no  dispensation by non to stand before of or to any statute or any part thereof  shall be allow but that the same shall be hold void and of no effect except a  dispensation be allow in such statute f for suppose a bastardchild shall be  bear dead and the mother conceal it and it be afterward discover that she have  such a child if she can prove by one witness that it be bear dead it be murder  in her by the statute James c but it will be a very hard case if upon such  circumstance the king shall not have a power of pardon the statute which have  be cite be only to prevent the frequency of pardon they do not take away the  king prerogative but prescribe certain form that charter of pardon may not be  so easy grant and that by such mean the king may be apprise of his grant for  before the make of those statute the party get inquisition to find the fact  homicide and thereupon get pardon out of the chancery ex deservedly the whole  of the laws without apply themselves to the king which be modern er p prevent  in these statute now what necessity be there of such regulation in the manner  of pardon if at the commonlaw the king have no power to pardon murder the  pardon be allow