2.07

“But,” you ask, “why will he not pardon?” Come then, let us now also decide what pardon is, and we shall perceive that the wise man ought not to grant it. Pardon is the remission of a deserved punishment. Why a wise man ought not to give this is explained more at length by those who make a point of the doctrine; I, to speak briefly as if giving another’s opinion, explain it thus: “Pardon is given to a man who ought to be punished; but a wise man does nothing which he ought not to do, omits to do nothing which he ought to do; therefore he does not remit a punishment which he ought to exact. But in a more honorable way he will bestow upon you that which you wish to obtain by pardon; for the wise 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 pardons admits that he has omitted to do something which he ought to have done. To one man he will give merely a reproof in words, and he will not inflict punishment if he sees that the other’s age will permit reformation; another who is clearly suffering from the odium of crime he will order to go free, because he was misled, because wine made him fall; he will let his enemies go unharmed, sometimes even with praise if they were stirred to fight by honorable motives — to maintain their loyalty, a treaty, or their liberty. 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 in accordance with what is fair and good; it may acquit and it may assess the damages at any value it pleases. It does none of these things as if it were doing less than is just, but as if the justest thing were that which it has resolved upon. But to pardon is to fail to punish one whom you judge worthy of punishment; pardon is the remission of punishment that is due. Mercy is superior primarily in this, that it declares that those who are let off did not deserve any different treatment; it is more complete than pardon, more creditable. In my opinion the dispute is about words, but concerning the fact there is agreement. The wise man will remit many punishments, he will save many whose character though unsound can yet be freed from unsoundness. He will be like the good husbandman who tends, not merely the trees that are straight and tall, but also applies props to those that for some reason have grown crooked in order that they may be straightened; others he will trim, in order that their branching may not hamper their height; some that are weak because set in poor soil he will fertilize; to some suffering from the shade of the others he will open up the sky. So the wise man will see what method of treatment a given character should have, how the crooked may be made straight.” …6