Book 2.7

But why should he not pardon? Let us decide by exact definition this other slippery matter, the true nature of pardon, and we shall then perceive that the wise man ought not to grant it. Pardon is the remitting of a deserved punishment. The reasons why the wise man ought not to grant this remission are given at length by those of whom this question is specially asked: I will briefly say, as though it were no concern of mine to decide this point, "A man grants pardon to one whom he ought to punish: now the wise man does nothing which he ought not to do, and omits to no nothing which he ought to do: he does not, therefore, remit any punishment which he ought to exact. But the wise man will bestow upon you in a more honourable way that which you wish to obtain by pardon, for he will make allowances for you, will consult your interests, and will correct your bad habits: he will act just as though he were pardoning you, but nevertheless he will not pardon you, because he who pardons admits that in so doing he has neglected a part of his duty. He will only punish some people by reprimanding them, and will inflict no further penalty if he considers that they are of an age which admits of reformation: some people who are undeniably implicated in an odious charge he will acquit, because they were deceived into committing, or were not sober when they committed the offence with which they are charged: he will let his enemies depart unharmed, sometimes even with words of commendation, if they have taken up arms to defend their honour, their covenants with others, their freedom, or on any other honourable ground. All these doings come under the head of mercy, not of pardon. Mercy is free to come to what decision it pleases: she gives her decision, not under any statute, but according to equity and goodness: she may acquit the defendant, or impose what damages she pleases. She does not do any of these things as though she were doing less than justice requires, but as though the justest possible course were that which she adopts. On the other hand, to pardon is not to punish a man whom you have decided ought to be punished; pardon is the remission of a punishment which ought to be inflicted. The first advantage which mercy has over it is that she does not tell those whom she lets off that they ought to have suffered : she is more complete, more honourable than pardon."

In my opinion, this is a mere dispute about words, and we are agreed about the thing itself. The wise man will remit many penalties, and will save many who are wicked, but whose wickedness is not incurable. He will act like good husbandmen, who do not cultivate only straight and tall trees, but also apply props to straighten those which have been rendered crooked by various causes; they trim some, lest the luxuriance of their boughs should hinder their upward growth, they nurse those which have been weakened by being planted in an unsuitable position, and they give air to those which are overshadowed by the foliage of others. The wise man will see the several treatments suitable to several dispositions, and how what is crooked may be straightened. . . .