Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/397

 Ch. 30. Wn o N c s. 385 the late king, to be done again (I the peace of the prefent ; and for many other limilar caufes, which (though allowed out of tendernels to life and liberty) are not much to the credit or ad- vancement of the national jullice. Thefe writs of error, to re- verfe judgments in cafe of mifdemefnors, are not to be allowed of courfe, but oa iurhcient probable caufe thewn to the attorney- general i and then they are understood to be grantable of com- mon right, and ex debito juftitiae. But writs of error to reverfe attainders in capital cafes are only allowed ex gratia; and not without exprefs warrant under the king's fign manual, or at leaft by the confent of the attorney-general c. Thefe therefore can rarely be brought by the party himfelf, efpecially where he is attainted for an offence againft the ftate: but they may be brought by his heir, or executor, after his death, in more favourable times; which may be fome conlblation to his family. But the eafier, and more effectual way, is

LASTLY, to reverfe the attainder by act of parliament. This may be and hath been frequently done, upon motives of com- paffion, or perhaps the zeal of the times, after a fudden revo- lution in the government, without examining too clofely into the truth or validity of the errors afTigned. And fometimes, though the crime be univerfally acknowleged and confeffed, yet the me- rits of the criminal's family {hall after his death obtain a reftitu- tion in blood, honours, and eftate, or fome, or one of them, by act of parliament ; which (fo far as it extends) has all the effect of reverfing the attainder, without cafting any reflections upon the juftice of the preceding fentence.

THE effect of falfifying, or reverfing, an outlawry is that the party fhall be in the fame plight as if he had appeared upon the capias: and, if it be before plea pleaded, he fhall be put to plead to the indictment ; if after conviction, he fhall receive the fentence of the law: for all the other proceedings, except only the procefs of outlawry for his non-appearance, remain good and

c 1 Vern. 170. 175

VOL. IV. A a a effectual