Page:Prerogatives of the Crown.djvu/113

 Ch.VII. Sec. IL] Pardons^ Reprieves^ t^r. 93 in respect of the corrupt bargain ; yet, shall it not enable the clerk to hold the church, nor the officer to retain the office, because they are absolutely disabled by statute («). There are some instances which may be here mentioned with propriety, in which offenders are entitled to a pardon as a matter of right ; some in which they have a strong equitable claim to it. Approvement is where a person indicted for a capital crime and arraigned fbr" the same, confesses the fact before plea pleaded^ and accuses his accomplices in the same crime, in order to obtain his own pardon. In this case he is called an approver^ or prover^ probator [b). This doctrine of approve- ment has now fallen entirely in disuse (c), but as it is still in force in many instances [d), a concise mention of it may not be objectionable; and as Lord Mansfield has admirably summed up the law on this subject, we cannot do better than refer to his expressions for information. " A person" said his lordship (^Z), "desiring to be an approver, must be one in- dicted of the offence, and in custody on that indictment : he must confess himself guilty of the offence, and desire to accuse his accomplices. He must likewise upon oath discover, not only the particular offence for which he is indicted ; but all treasons and felonies which he knows of; and after all this, it is in the discretion of the Court, whether they will assign him a coroner, and admit him to be an approver or not : for if, on his confession it appear, that he is a principal, and tempted the others, the Court may refuse and reject him as an approver. When he is admitted as such it must appear that what he has discovered is true ; and that he has discovered the whole truth. For this purpose the coroner puts his appeal into form ; and when the prisoner returns into Court, he must repeat his ap- peal, without any help from the Court, or from any by-stander. And the law is so nice, that if he vary in a single circum- stance, the whole falls to the ground, and he is condemned to be hanged, if he fail in essentials. The same consequences follow if he do not discover the whole truth. And in all these cases the approver is convicted on his own confession. Cn) Owen, 87. Hetl. 104. Co. Lit. (rf) Cowp. 335. See further, 2 Hale, 120. 3 Bulstr. 90, 1. 3 Inst. 154. P. C. 226 to 236. Staundf. PI. Crown, {b) ^4 Bla. Con). 329, 30. lib. 2. c. 52 to c. 58. 3 Inst. 129. (r) 2 Hal. P. C. c. 29. Cowp. 334. A fur-