Pardon

Pardon (pronounced pahr-dn)

(1) A kind indulgence, as in forgiveness of an offense or discourtesy or in tolerance of a distraction or inconvenience.

(2) In law, release from the penalty of an offense; a remission of penalty, as by a governor, monarch or viceroy.

(3) Forgiveness of a serious offense or offender.

(4) In Roman Catholic canon law, a technical term for a papal indulgence (obsolete).

(5) To make a courteous allowance for or to excuse.

(6) When used with rising inflection, as an elliptical form, as when asking a speaker to repeat something not clearly heard or understood (non-U).

1250-1300: From the Middle English pardonen or pardoun (papal indulgence, forgiveness of sins or wrongdoing), from Old French pardon from pardoner (to grant; to forgive; remission, indulgence (which entered Modern French in the eleventh century as pardonner), from the Medieval Latin perdonum, from the Vulgar Latin perdōnāre (to remit, overlook (literally “to forgive”)), the construct being per- (for; through, thoroughly) + dōnāre (to give, donate) which emerged in Medieval Latin, though a translation from a Germanic source possibly a calque (if not vice-versa) of a Germanic word represented by the Frankish firgeban (to forgive, give up completely) which was akin to the Old High German fargeban & firgeban (to forgive) and the Old English forġiefan (to forgive).  The Latin per was from the primitive Indo-European root per- (forward (hence “through”)) and donare was from donum (gift), from the primitive Indo-European root donum (gift), from the root do- (to give).  The verb pardon was from pardounen, (to forgive for offense or sin).  The noun pardoner (a man licensed to sell papal pardons or indulgences) was a late fourteenth century form (it was noted earlier in the 1300s as a surname), the agent noun from the verb.  The adjective pardonable (forgivable, capable of being pardoned) was a mid-fifteenth century form from the twelfth century Old French pardonable, from pardoner.  Some sources insist pardonable was a back-formation from pardonable which is interesting.  The meaning “a passing over of an offense without punishment” was first noted around the turn of the fourteenth century (also in the strictly ecclesiastical sense) while as a “pardon for a civil or criminal offense; release from penalty or obligation”, use emerged in the late 1300s (mirroring the earlier Anglo-French).  The use in polite society to “request one be excused for some minor fault” was in use by at least the 1540s.

Pardon is one of those “cross-over words”, migrating from the technical use (an act by an official or a superior, remitting all or the remainder of the punishment that belongs to an offense (eg a sovereign or governor pardoning a convict before expiration of the sentence)) to become a synonym for “forgive” in the sense of feelings or social mores.  By convention, asking for another’s pardon re-establishes amicable relations between transgressor and the offended.  In idiomatic use, dating from the mid seventeenth century, the phrase “I beg your pardon” (the variations including “beg pardon”, “begging your pardon”, “pardon me” etc) is used (1) to apologise for something (typically a social faux pas), (2) to request clarification of something said if it is unexpected, odd or seen as rude without context and (3) to request something be repeated.  In the last case, Nancy Mitford (1904–1973) in Noblesse Oblige: An Enquiry Into the Identifiable Characteristics of the English Aristocracy (1956) insisted “pardon” was a non-U (lower & middle class) word and the “U” (upper class) form was “what?”.  The phrase “pardon my French” was an exclamation of apology for obscene language, noted since the late nineteenth century.  Pardon is a noun, verb & interjection, pardoning is a verb & noun, pardoned is a verb & adjective, pardonableness & pardoner are nouns, pardonable & pardonless are adjectives and pardonably is an adverb; the noun plural is pardons.

Pardons from the president: Without check or balance

Article Two of the United States Constitution describes the office of the President.  One of the powers granted is that he or she may grant reprieves and pardons except regarding congressional impeachment of himself or other federal officers.  A president cannot issue a pardon for future actions; he can't pardon someone in advance for something someone does next week.  The pardon power is reserved for past actions and the president can pardon an individual even if he or she has not yet been convicted or even charged.

An executive pardon can be invoked to help victims of injustice.

It's an interesting power and the only one in the US constitution not subject to "checks and balances", an inheritance of one of the entitlements enjoyed by absolute and later monarchs.  The power, in the form exercised by a US president, doesn't exist in the UK or elsewhere in the Commonwealth where, when a pardon is granted, it’s a decision of the executive (the prime-minister (or premier) & cabinet) which is done in the name of the sovereign or their representative; in other words, by the state.  It’s different from vesting the power as a personal prerogative of an individual; US presidents have granted pardons which would have no chance of success were they subject to confirmation by the Senate.

The most interesting recent speculation about the presidential pardon is whether as president can pardon themselves.  This was something Donald Trump (b 1946; US president 2017-2021) probably pondered with especial interest during the diggings of special counsel Robert Mueller's (b 1944; Director of the Federal Bureau of Investigation (FBI) 2001-2013) into certain matters relating to the 2016 presidential election.  Mr Trump did tweet suggesting he could pardon himself even though there's no precedent, no president has ever done so (though at least one was surely tempted) and all that is certain is that the chief magistrate has the power to grant pardons "for offenses against the United States, except in cases of impeachment."  That means he couldn't have pardoned himself from impeachment, nor anyone facing charges under state laws, and when asked, most constitutional law experts suggested he couldn't have pardoned himself for anything else either.  However, even if a presidential self-pardon were to be held to be constitutional, politically, it would be a challenge to manage so an extra-constitutional check on the power is political; the court of public opinion as it were.

When there was mush speculation about a possible prosecution of Richard Nixon (1913-1994; US president 1969-1974) for matters associated with the Watergate scandal, the Justice Department did issue an opinion saying a president could not pardon himself because, under long-established legal principle, no person can be the judge in their own case.  So, the legal status of a self-pardon has never been tested because, at the federal level, it’s never been done and nothing is definitive until ruled upon by the US Supreme Court.  There are records of state governors self-pardoning but one instance appears to have been technical, one a clerical error and one so murky it not clear what happened.  The state of US politics is now both so poisonous and so fluid that a second term for Mr Trump is no longer unthinkable if the Democrat Party insists on nominating Joe Biden (b 1942; US president since 2021) it become more likely still.  Mr Biden may or may not be senile but he certainly seems senile.  In his first term, Mr Trump proved remarkably uninterested in pursuing any of the vendettas he'd mentioned during the 2016 campaign; when asked if he would be pursuing the threatened legal action against the Clintons, he brushed off the question with a quick "...they're good people" and moved on.  In a second term, given the events of the last few years, he may not be so indulgent towards those who have slighted or pursued him so there's the intriguing prospect of an elected president attempting to pardon himself so he can move into the Oval Office and begin his revenge.  Interestingly, constitutional experts have all said that even if a self-pardon is declared unconstitutional, there is nothing to prevent a convicted felon being elected president from his jail cell, a place which would certainly focus one's mind on revenge.           

Pardons from God (via the pope)

In late medieval Christianity, the noun pardonmonger was a derogatory term directed at those who sold papal indulgences; the noun plural pardonmongers should also be noted because there were a lot of them about.  The indulgences had become big business in the medieval church and their abuse was one of the emblematic issues which triggered the Protestant Reformation.  The system worked by permitting a (sinful) individual to purchase from the church an indulgence which would reduce the length and severity of punishment that heaven would require as payment for their transgressions.  Indulgences were in a sense transferable because one could buy one for another and according to legend, those on their death bed would implore relations to buy them one so they would avoid an eternal damnation in Hell.

Historically, the indulgence system was able to evolve because the doctrine of the medieval western Christian church (the Eastern Orthodox would follow a different path) was: (1) Folk knew that after they died they were going to be punished for the sins they accumulated in life, something ameliorated only partially by good works (pilgrimage, prayers, charitable work etc) and earthly absolution; the more sin, the greater the punishment and (2) There was the concept of purgatory, a product of the theological imagination which meant that rather than being damned to hell, the sinful soul would be sent to purgatory where they would endure whatever punishment deemed appropriate, the suffering continuing until the stain was washed from them and they could be set free.  This was obviously not an attractive prospect and seeing a way to cement in society the world-view that church, God & sin were central, popes granted bishops the authority to reduce punishments while they were still alive.  It proved a highly useful tool in making unshakable the worldview in which the church, God and sin were central.

Quite when papal indulgences were first introduced isn’t known but the system was formalized by Pope Urban II (circa 1035–1099; pope 1088-1099) during the Council of Clermont in 1095.  The protocols reflected the diligent order which characterized church bureaucracy: Were one to perform sufficient good deeds to earn a full (Plenary) indulgence from the pope or a bishop, all sins would be expunged (and thus no punishment).  Partial indulgences would erase fewer evil deeds and an intricate system of layers came to be used; essentially an algorithm with which a cleric could calculate (to the day!) how much sin a person had wiped from their record.  Indulgences rapidly developed into a significant structural aspect of church administration and during the Crusades (Urban II’s other great contribution to history), many participated on the basis that in exchange for fighting to regain the Holy Land, they would be granted an indulgence, cancelling all sin.

This system of reducing sin and punishment worked well and having people perform good deeds (whatever the motivation) presumably made for a more harmonious society.  However, in something with a modern echo, rich people began to wonder why, instead of the time consuming, boring or sometimes distasteful business of actually doing good deeds, might it not be easier just to purchase an indulgence, the church thereby able to use the funds for good deeds.  The early example of outsourcing began in the thirteenth century and proved so popular (and profitable) for both governments and the church that it became an important revenue source, the catchment soon extended to allow the rich to buy indulgences for their ancestors, relatives, and friends already dead. 

The nature of this business soon became scandalous, notably during the reign of the Medici Pope Leo X (1475–1521; pope 1513-1521) and indulgences were among the issues the monk Martin Luther (1483–1546) listed in his 95 Theses (1517), a j’accuse directed at what he believed to be an institutionalized corruption and in saying that, Luther had a point, the pope having commissioned a Dominican friar to sell indulgences for the sole purpose of the construction of St. Peter's Basilica in Rome.  Luther’s attack led to fragmentation within the church, many new sects abandoning the idea of indulgences and while the papacy banned the sale of indulgences in 1567, they didn’t entirely vanish and this wasn’t enough to prevent the subsequent schism within Western Christianity.  So, in the modern Roman Catholic Church, indulgences still exist but they no longer work in the medieval way when they could be something like a presidential pardon.  According to the Vatican: “An indulgence is a remission before God of the temporal punishment due to sins whose guilt has already been forgiven, which the faithful Christian who is duly disposed gains under certain defined conditions through the Church’s help when, as a minister of redemption, she dispenses and applies with authority the treasury of the satisfactions won by Christ and the saints”.  The salient points of the system are:

(1) A person cannot buy their way out of hell with indulgences.  Because indulgences remit only temporal penalties, they cannot remit the eternal penalty of hell. Once a person is in hell, no amount of indulgences will ever change that and the only way to avoid hell is by appealing to God’s eternal mercy while still alive; after death, one’s eternal fate is set.

(2) One cannot buy indulgences for sins not yet committed.  Historically, the church has always taught that indulgences do not apply to sins not yet committed although it’s clear some were sold on that basis prior to the Protestant Reformation.  The position now is that: “An indulgence is not a permission to commit sin, nor a pardon of future sin; neither could be granted by any power.”  Theologically that may sound dubious because presumably God could grant exactly that but, as any pope will tell you, God never would.

(3) An indulgence does not “buy forgiveness” because, by definition, the issue of an indulgence presupposes forgiveness has already taken place: “An indulgence is a remission before God of the temporal punishment due to sins whose guilt has already been forgiven.”  Indulgences therefore do not forgive sins and deal only with the punishments left after sins have been forgiven.

(4) It is not true an indulgence will shorten one’s time in purgatory by a fixed number of days.  While it’s true that prior to the Reformation such calculations did appear in documents, the church maintains these were references to the period of penance one might undergo during life on earth and the Catholic Church does not claim to know anything about how long or short purgatory is in general, much less any specific.

(5) Indulgences may not be purchased.  The Council of Trent (1545-1563) instituted many reforms in the practice of granting indulgences and, because of prior abuses, “...in 1567 Pope Pius V (1504–1572; pope 1566-1572) cancelled all grants of indulgences involving any fees or other financial transactions.”  To this day the Roman Catholic Church maintains indulgences were “never sold”, an interpretation of history still used by politicians and political parties when explain why donations (sometimes in the millions) are really “not buying anything”.