Opinion
(1793.)
John Davy was indicted at Windsor, on the statute of usury, for having taken 12d. for the use of 20s. from 21 Junii to the 21 Julii. Whereupon judgment was given and the record removed by certiorari. The defendant pleaded the coronation pardon of the present King, by which all usurious takings and contracts are pardoned; and the question was whether the judgment was pardoned.
Calthrop. It is. For although it is said in 6 Rep., 13, that a pardon of felony does not aid him who is attaint of felony, yet when, as in this case, a pardon has express relation to the time before which the act was committed, although judgment intervenes between the fact and the pardon, the pardon shall avail. As in the case of Parson Burton, 6 Rep., 13. He was deposed, for adultery, after which a general pardon came out: He shall be restored, for the pardon was of all adulteries committed before the 14th of February, 13, and the offense was 12 Eliz., and judgment on 13. I agree to the case, 36 H., 6, 25. Fine for a trespass, and after the trespass is forgiven the fine is not discharged, for the pardon has relation to no certain time in particular, and so does not operate before.
The coronation pardon is only in the nature of a particular pardon, and differ from general pardons, which do avail. Parson Burton was deposed before the pardon.
This does not appear. I incline to think the defendant is within the pardon.
This is only a pardon when sued out, and not like a general pardon.
Curia advisare vult. Dyer, 235; Palmer, 412.