Pardon

A Pardon is a grant of forgiveness for a crime and the penalty associated with it. It is awarded by a head of state, such as a monarch or president, or by a competent church authority.

Sourced

The Dictionary of Legal Quotations (1904)

Quotes reported in James William Norton-Kyshe, The Dictionary of Legal Quotations (1904), p. 187-188; 197, n. 1-2.

• If you will apply yourself to the King, you may, and there, perhaps, you may find mercy; we must, according to the duty of our places and oaths, give such judgment as the law requires.
  • Jefferies, L.C.J., Hampden's Case (1684), 9 How. St. Tr. 1126.

• We cannot pardon. We are to say what we take the law to be: if we do not speak our real opinions, we prevaricate with God and our own consciences.
  • Lord Mansfield, Case of John Wilkes (1763), 4 Burr. Part IV. 2562.

• Mercy is in the King's breast, but is no part of our province: and therefore your application on that head must be elsewhere.
  • Lord Mansfield, Rex v. Florence Hensey (1758), 1 Burr. Part IV. 650.

• Where a person interposes his interest and good offices to procure a pardon, it ought to be done gratuitously and not for money.
  • Lord Eldon, C.J., Norman r. Cole (1801), 3 Esp. 253.

• Where the King has no share, and the King's Serjeant or Attorney-General prosecute not, and the King's name is not so much as mentioned, and only by the Commons of England, which the Courts Westminster cannot punish ; it is you that have the interest in the suit, and all the Commons of England.
  • Sir Francis Wilmington, Proceedings against Thomas Earl of Danby, Grey's "Debates," Vol. VII. 167. See also 11 How. St. Tr. 786.

• It is the duty of the Lord Chancellor's place, if he thought it not a good pardon, to inform the King of it.
  • Per Serjeant Ellis, Proceedings against Thomas Earl of Danby for high treason (1678—1685), 11 How. St. Tr. 773.

• The regular way of of pardons is by the Attorney-General and the Solicitor-General. &c. They are men of the law, and might stop it in their office, and the rest of the offices, &c . . . . To pardon before trial, when the King knows not what fact he is to pardon, is a dangerous precedent. . . . The King cannot pardon a man, an impeachment depending.
  • Serjeant Ellis, Proceedings against Thomas Earl of Danby for high treason (1678—1685), 11 How. St. Tr. 773, 774.

• Raleigh: Oh my lord, you may use equity.
  Popham, C.J. : That is from the King; you are to have justice from us.
  • Trial of Sir Walter Haleigh (1603), 2 How. St. Tr. 16.

• Sequi debet potentia justitiam non praecedere: Power should follow justice, not precede it.
  • 2 Inst. 454. How. St. Tr. 341.

• May one be pardoned and retain the offence?
  • Shakespeare, " Hamlet.

Unsourced

• Of all presidential perks, the pardon power has a special significance. It is just the kind of authority that would attract the special attention of someone obsessed with himself and his own ability to influence events
  • Barbara Olson, Conservative commentator

See also

• Justice