Moral essays. With an English translation by J.W. Basore

ON MERCY, II. ^^I. 1-3another's opinion, explain it thus ": Pardon is givento a man who ought to be punished ; but a A\-ise mandoes nothing which he ought not to do, omits to donothing which he ought to do ; therefore he does notremit a punishment which he ought to exact. Butin a more honourable way he will bestow upon youthat which vou A\-ish to obtain by pardon ; for thewise man will show mercy, be considerate, and rectify;he will do the same that he would do if he pardoned,and yet he will not pardon, since he who pardonsadmits that he has omitted to do something whichhe ought to have done. To one man he will givemerely a reproof in words, and he \n\\ not inflictpunishment if he sees that the other's age \\i]\ permitreformation ; another who is clearly suffering fromthe odium of crime he ^\^ll order to go free, becausehe was misled, because ^nne made him fall ; hewill let his enemies go unharmed, sometimes evenwith praise if they were stirred to fight by honourablemotives—to maintain their loyalty, a treaty, ortheir Uberty. These are all the operations of mercy,not of forgiveness. Mercy has freedom in decision ;it sentences not by the letter of the law, but inaccordance with what is fair and good ; it may acquitand it may assess the damages at any value it pleases.It does none of these things as if it were doing lessthan is just, but as if the just est thing were thatwhich it has resolved upon. But to pardon is to failto punish one whom you judge worthy of punishment;pardon is the remission of punishment thatis due. Mercy is superior primarily in this, that itdeclares that those who are let off did not deserveany different treatment ; it is more complete thanpardon, more creditable. In my opinion the dispute445