Page:Encyclopædia Britannica, Ninth Edition, v. 18.djvu/290

 272 PAR P A U subject of the realm to a prison out of the realm is by the Habeas Corpus Act a praemunirf, unpardonable even by the king (31 Car. II. c. 2, 12). (2) The king cannot pardon an offence in a matter of private rather than of public wrong, so as to prejudice the person injured by the offence. Thus a common nuisance cannot be pardoned while it remains unredressed, or so as to prevent an abate ment of it. A fine or penalty imposed for the offence may, however, be remitted. By 22 Viet. c. 32 Her Majesty is enabled to remit wholly or in part any sum of money imposed upon conviction, and, if the offender has been imprisoned in default of payment, to extend to him the royal mercy. There are other statutes dealing with special offences, e.g., by 38 fc 39 Viet. c. 80 Her Majesty may remit any penalty imposed under 21 Geo. III. c. 49 (an Act for preventing certain abuses and profanations on the Lord s Day called Sunday). (3) The king s pardon cannot be pleaded in bar of an impeachment. This principle, first asserted by a resolution of the House of Commons in the earl of Danby s case, 5th May 1679, forms one of the provisions of the Act of Settlement, 12 & 13 Will. III. c. 2. It is there enacted &quot; that no pardon under the great seal of England shall be pleadable to an impeachment by the Commons in parliament,&quot; 3. This provision does not ex tend to abridging the prerogative after the impeachment has been heard and determined. Thus three of the rebel lords were pardoned after impeachment and attainder in 1715. (4) In the case of treason, murder, or rape, a pardon is ineffectual unless the offence be particularly specified therein (13 Rich. II. c. 1, 2). Before the Bill of Rights, 1 Will, it M. c. 2, 2, this statute seems to have been frequently evaded by a non obstante clause. But, since by the Bill of Rights no dispensation by non obstante is allowed, general words contrary to the statute of Richard II. would seem to be ineffectual. Pardon may be actual or constructive. Actual pardon is by warrant under the great seal, or under the sign-manual counter signed, by a secretary of state (7 & 8 Geo. IV. c. 28, 13). Con structive pardon is obtained by endurance of the punishment. By 9 Geo. IV. c. 32, 3, the endurance of a punishment on conviction of a felony not capital has the same effect as a pardon under the great seal. This principle is reaffirmed in the Larceny Act, 1861 (24 & 23 Viet. c. 96, 109), and in the Malicious Injuries to Property Act, 1861 (24 & 25 Viet. c. 97, 67). Further, pardon may be free or conditional. A conditional pardon most commonly occurs where an offender sentenced to death has his sentence commuted to penal servitude or any less punishment. The condition of his pardon is the endurance by him of the substi tuted punishment. The effect of pardon, whether actual or con structive, is to put the person pardoned in the position of an innocent man, so that he may have an action against any one thenceforth calling him traitor or felon, lie cannot refuse to give evidence respecting the offence pardoned on the gromid that his answer would tend to criminate him. A pardon may be pleaded on arraignment in bar of an indictment (though not of an impeach ment), or after verdict in arrest of judgment. No doubt it woidd generally be advantageous to plead it as early as possible. It is obvious that, though the crown is invested with the right to pardon, this does not prevent pardon being granted by the higher authority of an Act of Parliament. Acts of Indemnity have fre quently been passed, the effect of which is the snme as pardon or remission by the crown. Recent examples of Acts of Indemnity arc two private Acts passed in 1880 to relieve Lords Hyron and Pluuket from the disabilities and penalties to which they were liable for sitting and voting in the House of Peers without taking the oath. Civil rights are not divested by pardon. The person injured may have a right of action against the offender in spite of the pardon of the latter, if the right of action has once vested, for the crown cannot affect private rights. In Scotland this civil right is specially preserved by various statutes. Thus 1593, c. 174, provides that, if any respite or remission happen to be granted before the party grieved be first satisfied, the same is to be null and of none avail. The assytlnneut, or indemnification due to the heirs of the person murdered from the murderer, is due if the murderer have received pardon, though not if he have suffered the penalty of the law. The pardon transmitted by the secretary of state is applied by the supreme court, who grant the necessary orders to the magistrates in whose custody the convict is. In the United States the power of pardon vested in the president is without any limitation, except in the case of impeachments (U. S. Constitution, art. ii. 2). The power of pardon is also vested in the executive authority of the different States, with or without the concurrence of the legislative authority. Thus by the New York Code of Criminal Procedure, 1881, 692, 693, the governor of the State of New York has power to grant reprieves, commutations, and pardons, except in the case of treason, where he can only suspend the execution of the sentence until the case can be reported to the legislature, with whom the power of pardon in this case rests. The usual form of pardon in the United States is by deed under seal of the executive. PARDUBITZ, a town of Bohemia, situated at the confluence of the Elbe and the Chrudimka, 55 miles to the east of Prague. The most interesting buildings are the old fortified chateau of the 16th century, with its Gothic chapel ; the church of St Bartholomew, dating in its present form from 1538; the quaint town-house; the Griines Thor, a mediaeval gateway ; and the handsome new synagogue. The inhabitants, amounting to 10,292 in 1 880, are engaged in the manufacture of sugar, agricultural implements, sweetmeats, spirits, beer, and iron. There is also a tolerably active trade in grain and timber, and the horse fairs attract numerous customers. Pardubitz is a town of ancient origin, the history of which is little more than a record of a succession of feudal superiors. In 1560 it passed into the possession of the crown, which retained the town-lands down to 1863, when it sold them to the Austrian Credit Bank. Pardubitz suffered severely in the Hussite wars. PARK, AMBROISE, the father of French surgery, was born at Laval, in the province of Maine, in 1509, and died in 1590. A collection of his works was published at Paris in 1561, and was afterwards frequently reprinted. Several editions have also appeared in German and Dutch. Among the English translations was that of Thomas Johnson, London, 1634. For Pare s professional career and services, see SURGERY. PAREJA, JUAX DE (1606-1670), Spanish painter, was a mestizo, born in the West Indies about 1606, and in early life passed into the service of Velazquez, who employed him in colour- grinding and other menial work of the studio. By day he closely watched his master s methods, and by night stealthily practised with his brushes until he had attained considerable manipulative skill. The story goes that, having succeeded in producing a picture satisfactory to himself, he contrived furtively to place it among those on which Velazquez had been working, immediately before an expected visit of King Philip IV. The performance was duly discovered and praised, and Pareja forthwith received his freedom, which, however, he continued to devote to his former employer s service. His i extant works are not very numerous; the best known, the Calling of St Matthew, now in the Royal Picture Gallery, Madrid, has considerable merit as regards technique, but 1 does not reveal much originality, insight, or devotional ! feeling. He died in 1670. PARENT AND CHILD. See BASTARD, INFANT, and j MARRIAGE. PAREXZO, a city on the west coast of Istria (Austria- Hungary), 30 miles south of Trieste, with about 3000 in habitants (2825 in 1879), has considerable historic and architectural interest. It is built on a peninsula nowhere 1 more than 5 feet above the sea level ; and from the fact that the pavements of the Roman period are 3 feet below the present surface it is inferred that this part of the coast is slowlysubsiding. The well-preserved cathedral of StMaurus i was erected by Etiphrasius, first bishop of Parenzo, pro bably between 535 and 543. The basilican type is very ! out and round within. The total length of the church ! proper is only 120 feet; but in front of the west entrance
 * pure ; there are three naves ; the apse is hexagonal with-