See also:

• PARDON (through the Fr. from Late Lat. perdonare, to remit a debt or other obligation on a penalty)

PARDON (through the Fr. from See also:

• LATE

Late See also:

• LAT

Lat. perdonare, to remit a See also:

• DEBT (Lat. debitum, a thing owed)

debt or other See also:

• OBLIGATION

obligation on a See also:

• PENALTY (Lat. poena, punishment)

penalty)  , the remission, by the See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power entrusted with the See also:

• EXECUTION (from Lat. ex-sequor, exsecutus, follow or carry out)

execution of the See also:

• LAWS

laws, of the See also:

• PENALTY (Lat. poena, punishment)

penalty attached to a See also:

• CRIME (Lat. crimen, accusation)

crime . The right of pardoning is coextensive with the right of punishing . In a perfect legal See also:

• SYSTEM

system, says See also:

• BECCARIA, GIOVANNI BATTISTA (1716-1781)

Beccaria, pardons should be excluded, for the clemency of the See also:

• PRINCE
• PRINCE (Lat. princeps, from primus capio, " I am the first to take "; Ital. principe, Fr. prince)

prince seems a tacit disapprobation of the laws (Dei Delitti e delle pene, ch. xx.) .l In practice the See also:

• PREROGATIVE

prerogative is extremely valuable, when used with discretion, as a means of adjusting the different degrees of moral See also:

• GUILT

guilt in crimes or of rectifying a See also:

• MISCARRIAGE

miscarriage of See also:

• JUSTICE (Lat. justitia)

justice . By the See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law of See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England See also:

• PARDON (through the Fr. from Late Lat. perdonare, to remit a debt or other obligation on a penalty)

pardon is the See also:

• SOLE (Solea)

sole prerogative of the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king, and it is declared by 27 See also:

• HEN

Hen . VIII. c . 24 that no other See also:

• PERSON, OFFENCES AGAINST THE

person has power to pardon or remit any treasons or felonies whatsoever . This position follows logically from the theory of See also:

• ENGLISH

English law that all offences are breaches of the king's See also:

• PEACE
• PEACE, BREACH OF THE

peace . Indictments still conclude with a statement that the offence was committed " against the peace of our See also:

• LORD
• LORD (O. Eng. hldford, i.e. hldfweard, the warder or keeper of bread, hlIf, loaf; the word is not represented in any other Teutonic language)
• LORD, JOHN (1810-1894)

lord king, his See also:

• CROWN

crown and dignity." The Crown by pardon only remits the penalty for an attack upon itself . The prerogative is in See also:

• MODERN

modern times exercised by delegation, the Crown acting upon the See also:

• REPRESENTATION

representation of the secretary of See also:

• STATE
• STATE, GREAT OFFICERS OF

state for the See also:

• HOME
• HOME, DANIEL DUNGLAS (1833-1886)
• HOME, EARLS OF

home See also:

• DEPARTMENT (Fr. departement, from departir, to separate into parts)

department in See also:

• GREAT

Great See also:

• BRITAIN (Gr. Hperavuml vi7vot, Bperravia; Lat. Britannia, rarely Britannia)

Britain, or of the lord See also:

• LIEUTENANT

lieutenant in See also:

• IRELAND
• IRELAND, CHURCH
• IRELAND, CHURCH OF
• IRELAND, JOHN (1761-1842)
• IRELAND, JOHN (1838- )
• IRELAND, WILLIAM HENRY (1777-1835)

Ireland . The prerogative of the Crown is subject to some restrictions : (r) The committing of a subject of the See also:

• REALM

realm to a See also:

• PRISON (derived through the Fr. from the Lat. prehensio, seizure)

prison out of the realm is by the Habeas Corpus See also:

• ACT (Lat. actus, actum)

Act a See also:

• PRAEMUNIRE (Lat. praemonere, to pre-admonish or fore-warn)

praemunire, unpardonable even by the king (31 See also:

• CAR (Late Lat. carra)

Car . II. c . 2, § 12) .

(2) The king cannot pardon an offence in a See also:

• MATTER

matter of private rather than of public wrong, so as to See also:

• PREJUDICE (Lat. praejudicium)

prejudice the person injured by the offence . Thus a See also:

• COMMON

common See also:

• NUISANCE (through Fr. noisance, nuisance, from Lat. nocere, to hurt)

nuisance cannot be pardoned while it remains unredressed, or so as to prevent an See also:

• ABATEMENT (derived through the French abattre, from the Late Latin battere, to beat)

abatement of it . A See also:

• FINE

fine or penalty imposed for the offence may, however, be remitted . By an act of 1859 (22 Vict . C . 32) his See also:

• MAJESTY (Fr. majeste; Lat. majestas, grandeur, greatness, from the base mag-, as in magnus, great, major, greater, &c.)

majesty is enabled to remit wholly or in See also:

• PART

part any sum of See also:

• MONEY

money imposed upon conviction, and, if the offender has been imprisoned in See also:

• DEFAULT (Fr. defaut, from defailler, to fail, Lat. fallere)

default of See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment, to extend to him the royal See also:

• MERCY (adapted from Fr. merci, Lat. merces, reward)
• MERCY (or MERCI), FRANZ, FREIHERR VON

mercy . There are other statutes dealing with See also:

• SPECIAL

special offences, e.g. by the Remission of Penalties Act 1875 his majesty may remit any penalty imposed under 21 Geo . III. c . 49 (an act for preventing certain abuses and profanations on the Lord's See also:

• DAY (O. Eng. dreg, Ger. Tag; according to the New English Dictionary, " in no way related to the Lat. dies")
• DAY, JOHN (1574-1640?)
• DAY, THOMAS (1748-1789)

Day called See also:

• SUNDAY

Sunday) . (3) The king's pardon cannot be pleaded in See also:

• BAR
• BAR (0. Fr. barre, Late Lat. barra, origin unknown)
• BAR, CONFEDERATION OF
• BAR, FRANCOIS DE (1538-1606)
• BAR, THE

bar of an See also:

• IMPEACHMENT (O. Fr. empeahement, empeschement, from em pecher or empescher, to hinder, Late Lat. impedicare, to entangle, pedica, fetter, pes, foot)

impeachment . This principle, first asserted by a See also:

• RESOLUTION

resolution of the See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

House of See also:

• COMMONS

Commons in the See also:

• EARL

earl of See also:

• DANBY, FRANCIS (1793-1861)

Danby's See also:

• CASE
• CASE, JOHN (d. 1600)

case (May 5, 1679), forms one of the provisions of the Act of See also:

• SETTLEMENT
• SETTLEMENT, ACT OF

Settlement, 12 & 13 Will . III. c .

2 . It is there enacted " that no pardon under the great See also:

• SEAL
• SEAL, FUR
• SEAL, HAIR

seal of England shall be plead-able to an impeachment by the Commons in See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament," § 3 . This See also:

• PROVISION (Lat. provisio)

provision does not extend to abridging the prerogative after the impeachment has been heard and determined . Thus three of the See also:

• REBEL, JOHANN PETER (176o-1826)

rebel lords were pardoned after impeachment and See also:

• ATTAINDER (from the O. Fr. ataindre, ateindre, to attain, i.e. to strike, accuse, condemn; Lat. attingere, tangere, to touch; the meaning has been greatly affected by the confusion with Fr. taindre, teindre, to taint, stain, Lat. tingere, to dye)

attainder in 1715 . (4) In the case of See also:

• TREASON (Fr. trahison, Lat. traditio)

treason, See also:

• MURDER

murder or See also:

• RAPE
• RAPE (from Lat. rapere, to seize)
• RAPE (Lat. rapum or rapa, turnip)

rape a pardon is ineffectual unless the offence be particularly specified therein (13 See also:

• RICH, BARNABE (c. 1540-1617)
• RICH, CLAUDIUS JAMES (1787-1821)
• RICH, JOHN (1692-1761)
• RICH, PENELOPE, LADY (c. 1562–1607)
• RICH, RICHARD, 1ST BARON RICH (1490?-1567)

Rich . II. c . 1, § 2) . Before the See also:

• BILL

Bill of Rights, 1 Will . & M. c . 2, § 2, this See also:

• STATUTE

statute seems to have been frequently evaded by a non obstante clause . But, since by the Bill of Rights no See also:

• DISPENSATION

dispensation by non obstante is allowed, See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general words contrary to the statute of See also:

• RICHARD
• RICHARD (d. 1184)
• RICHARD, FRANCOIS MARIE BENJAMIN (18,9-1908)
• RICHARD, HENRY (1812-1888)
• RICHARD, ST

Richard II. would seem to be ineffectual . Pardon may be actual or constructive .

Actual pardon is by See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant under the great seal, or under the sign-See also:

• MANUAL

manual See also:

• COUNTER

counter-signed by a secretary of state (7 & 8 Geo . IV. c . 28, § 13) . Constructive pardon is obtained by endurance of the See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment . By 9 Geo . IV. c . 32, § 3, the endurance of a punishment on conviction of a See also:

• FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fella, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fel

felony not See also:

• CAPITAL (i.e. capital stock or fund)
• CAPITAL (Lat. caput, head)

capital has the same effect as a pardon under the great seal . This principle is reaffirmed in the See also:

• LARCENY (an adaptation of Fr. larcin, O. Fr. larrecin, from Lat. latrocinium, theft, latio, robber)

Larceny Act 1861, § 109, and in the Malicious Injuries to See also:

• PROPERTY

Property Act 1861, § 67 . Further, pardon may be See also:

• FREE

free or conditional . A conditional pardon most commonly occurs where an offender sentenced to See also:

• DEATH

death has his See also:

• SENTENCE (Lat. sententia, a way of thinking, opinion, judgment; vote, sentire, to feel, think)

sentence commuted to penal See also:

• SERVITUDE (Lat. servitus, from service, to serve)

servitude or any less punishment . The See also:

• CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition of his pardon is the endurance by him of the substituted punishment . The effect of pardon, whether actual or constructive, is to put the person pardoned in the position of an See also:

• INNOCENT (INNOCENTIUS)
• INNOCENT (POPES)

innocent See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man, so that he may have 1 See further, on the ethical aspect, See also:

• MONTESQUIEU, CHARLES LOUIS DE SECONDAT, BARON DE LA BREDE ET DE (1689-1755)

Montesquieu, Esprit See also:

• DES

des leis, bk. vi. ch .

21; See also:

• BENTHAM, GEORGE (1800-1884)
• BENTHAM, JEREMY (1748-1832)

Bentham, Principles of Penal Law, bk. vi. ch . 4 . an See also:

• ACTION

action against any one thenceforth calling him traitor or felon . He cannot refuse to give See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence respecting the offence pardoned on the ground that his See also:

• ANSWER (derived from and, against, and the same root as swear)

answer would tend to criminate him . A pardon may be pleaded on See also:

• ARRAIGNMENT (from Lat. ad, to, and rationare, to reason, call to account)

arraignment in bar of an See also:

• INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

indictment (though not of an impeachment), or after See also:

• VERDICT (O. Fr. verdit, Lat. vere dictum, truly said, used in Late Latin in one word with its present significance)

verdict in See also:

• ARREST (Fr. arrester, arreeter, to stop or stay)

arrest of See also:

• JUDGMENT

judgment . No doubt it would generally be advantageous to plead it as See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early as possible . It is obvious that, though the Crown is invested with the right to pardon, this does not prevent pardon being granted by the higher authority of an act of parliament . Acts of See also:

• INDEMNITY (through Fr. indemnite, Lat. indemnis, free from damage or loss; in-, negative, and damnum, loss)

indemnity have frequently been passed, the effect of which is the same as pardon or remission by the Crown . Examples of acts of indemnity are two private acts passed in r88o to relieve Lords See also:

• BYRON, GEORGE GORDON BYRON, 6TH BARON (1788-1824)
• BYRON, HENRY JAMES (1834-1884)
• BYRON, HON
• BYRON, JOHN BYRON

Byron and See also:

• PLUNKET, OLIVER (1629—1681)
• PLUNKET, WILLIAM CONYNGHAM PLUNKET, 1ST BARON (1764—1854)

Plunket from the disabilities and penalties to which they were liable for sitting and voting in the House of Peers without taking the See also:

• OATH (0. Eng. ddh)

oath . See also:

• CIVIL

Civil rights are not divested by pardon . The person injured may have a right of action against the offender in spite of the pardon of the latter, if the right of action has once vested, for the Crown cannot affect private rights . In See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland this civil right is specially preserved by various statutes .

Thus 1593, c . 174, provides that, if any See also:

• RESPITE (O. Fr. respit, modern repit, Lat. respectus, regard, consideration, respicere, to look back at)

respite or remission happen to be granted before the party grieved be first satisfied, the same is to be null and of none avail . The assythment, or indemnification due to the heirs of the person murdered from the murderer, is due if the murderer has received pardon, though not if he has suffered the penalty of the law . The pardon transmitted by the secretary of state is applied by the supreme See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court, who See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant the necessary orders to the magistrates in whose custody the convict is . In the See also:

• UNITED

United States the See also:

• PRESIDENT (Fr. president, from Lat. praesidens, post-Augustan Lat. for praeses, director, ruler, from praesidere, to sit in front of, preside)

president is empowered to pardon offences against the United States, except in cases of impeachments (U . S . Constitution, See also:

• ART

art. ii . § 2) . The power of pardon is also vested in the executive authority of the different states, with or without the concurrence of the legislative authority, although in some states there are boards of pardon of which the See also:

• GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

governor is a member ex officio . Thus by the New See also:

• YORK
• YORK (HOUSE OF)
• YORK, EDMUND OF LANGLEY, DUKE OF (1341-1402)
• YORK, EDWARD
• YORK, FREDERICK AUGUSTUS, DUKE OF (1763-1827)
• YORK, RICHARD, DUKE

York See also:

• CODE (Lat. codex)

Code of Criminal See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

Procedure the governor of the state of New York has power to grant reprieves, commutations and pardons, except in the case of treason, where he can only suspend the execution of the sentence until the case can be reported to the legislature, with whom the power of pardon in this case rests . The usual See also:

• FORM (Lat. forma)

form of pardon in the United States is by See also:

• DEED (in O. Eng. dead, from the stem of the verb " to do ")

deed under seal of the executive .