I have sent you the history of my mind on this subject without any disguise: if it does not please you, pardon it at least, for it is the truth. Couper.

PARDON, in criminal law, is the remitting an offence committed against the king. His power of pardoning was said by our Saxon ancestors to be derived à lege suæ dignitatis: and it is declared in parliament, by stat. 27 Hen. VIII. c. 24, that no other person has power to pardon

pro

or remit any treason or felonies whatsoever; but that the king hath the whole and sole power thereof united and knit to the imperial crown of this realm. In democracies there is no power of pardoning. The king may pardon all offences merely against the crown or the public; excepting, 1. That, to preserve the liberty of the subject, the committing any man to prison out of the realm, is by the habeas corpus act, 31 Car. II. c. 2, made a præmunire, unpardonable even to the king. Nor, 2, can the king pardon where private justice is principally concerned in the prosecution of offenders: Non potest rex gratiam facere cum injuria et damno aliorum. Therefore, in appeals of all kinds (which are the suit, not of the king, but of the party injured), the secutor may release, but the king cannot pardon. Neither can he pardon a common nuisance, while it remains unredressed, or so as to prevent an abatement of it; though afterwards he may remit the fine because, though the prosecution is vested in the king to avoid the multiplicity of suits, yet (during its continuance) this offence savours more of the nature of a private injury to each individual in the neighbourhood, than of a public wrong. Neither, lastly, can the king pardon an offence against a popular or penal statute, after information brought; for thereby the informer hath acquired a private property in his part of the penalty. There is also a restriction of a peculiar nature that affects the prerogative of pardoning, in case of parliamentary impeachments, viz. that the king's pardon cannot be pleaded to any such impeachment, so as to impede the enquiry and stop the prosecution of great and notorious offenders. In the reign of Charles II., when the earl of Danby pleaded the king's pardon, the commons voted, That a pardon is not pleadable in bar of an impeachment.' And it was enacted by the act of settlement, 12 & 13 W. III. c. 2, That no pardon under the great seal of England shall be pleadable to an impeachment by the commons in parliament.' But, after the impeachment has been solemnly heard and determined, it is not understood that the king's royal grace is farther restrained or abridged for, after the impeachment and attainder of the six rebel lords in 1715, three of them were from time to time reprieved by the crown; and at length received the king's most gracious pardon. The effect of such pardon by the king is, to make the offender a new man; to acquit him of all corporal penalties and forfeitures annexed to that offence for which he obtains his VOL. XVI.

pardon; and not so much to restore his former, as to give him new credit and capacity. But nothing can restore or purify the blood when once corrupted, if the pardon be not allowed till after attainder, but the high and transcendent power of parliament. Yet if a person attainted receives the king's pardon, and afterwards has a son, that son may be heir to his father; because the father, being made a new man, might transmit new inheritable blood; though, had he inherited at all. See KING. been born before the pardon, he could never have

PARE, v. a.

Fr. parer; Lat. paro. DeFrench parer les ongles,' to dress the horses' PA'RING, n. s. duced by Skinner from the hoofs when they are shaved by the farrier: thus we first said, pare your nails; and from thence transferred the word to general use. To cut off extremities; to cut away by little and little; diminish. If pare be used before the thing diminished, it is followed immediately by its accusative; if it precedes the thing taken away, or agrees in the passive voice with the thing taken away, as a nominative, it requires a particle, as away, off: a paring is that which is pared off;

the rind.

Herbert.

A hone and a parer, , like sole of a boot, To pare away grasse, and to raise up the root. Tusser.

Whoever will partake of God's secrets must first look into his own, he must pare off whatsoever is amiss, and not without holiness approach to the holiest of all holies. Taylor.

The most poetical parts, which are description and images, were to be pared away, when the body was swoln into too large a bulk for the representation of the stage. Dryden.

earth, and with the parings raise your hills high, and In May, after rain, pare off the surface of the enlarge their breadth.

Mortimer.

All the mountains were pared off the earth, and the surface of it lay even, or in an equal convexity. every where with the surface of the sea. Burnet.

The sword, as it was justly drawn by us, so can it scarce safely be sheathed, till the power of the great

2 P

"Twere well if she would pare her nails.

Id.

To his guest, tho' no way sparing, He eat himself the rind and paring. PARE (Ambrose), an eminent French surgeon of the sixteenth century, born at Laval in Maine, He was surgeon to several kings of France. Being a Protestant he would have been involved in the massacre of St. Bartholemew's day, had not Charles IX. himself shut him up in his chamber, saying, a man so useful to all the world onght not to perish in such a manner.' He died at an advanced age, in 1590.

PARE, OF PARENS (David), D. D., a celebrated Protestant divine, born in 1548, at Francolstein, in Silesia. He studied at Hermsburg under the learned Christopher Schilling; afterwards at Heidelberg, under Zach. Ursin. He was much patronised by Albert Kindler, and prince Casimir; was admitted minister of Schlettenbach in 1571; afterwards of Hemsbach, in Worms, where, in 1574, he married the sister of John Stibelius; in 1577 he became minister of Ogersheim; and in 1584 professor in the college of Heidelburg. In 1591 he was admitted D. D., and in 1602 succeeded Tossanus as professor of divinity. He published, 1. The German Bible, with notes, at Neustadt, in 1589; 2. A Commentary on the Epistle to the Romans; 3. Several tracts against Bellarmin and the Jesuits : with other polemical pieces; and died at Pareanum

in 1622.

PARE (Philip), son of the preceding, was born at Hemsbach in 1576; studied at Neustadt and Heidelberg; became eminent for grammatical erudition; and, under the patronage of the elector palatine, visited the universities of Basil in 1599, and Geneva in 1600. He became rector of Neustadt College in 1612; principal of that of Hanau in 1645; published his father's life and exegetical works in 1647; several tracts on grammar; with commentaries on the Scriptures, and other theological works.

PARE (Daniel), son of Philip, was also eminent for classical learning, and particularly for his skill in the Greek language. He published many learned pieces; particularly Musaus's Hero and Leander, with notes; Mellificium Atticum, a selection from Greek Authors, &c. He was murdered by robbers in 1645.

PAREJA (John), an eminent painter, born in the West Indies, and originally a slave to Diego Velasquez, a celebrated painter. He acquired the art by studying it privately, without his master's knowledge. Philip IV. one day visiting Velasquez's museum, discovered his merit and gave him his liberty; yet his attachment to Velasquez was so strong that he continued with him till his death. His portraits are equal to those of Velasquez. He died in 1670, aged sixty.

PAREIRA FRAVA, in the materia medica, a kind of oblong and large root brought from Brasil. It is a diuretic of no mean character, and has done great service in nephritic cases. In pleurisies and quinsies it has been attended with more success than almost any medicine we know of ingly.

PARELCON, in grammar, a figure by which a word or syllable is added to the end of another. PAREMBOLE, in rhetoric, a figure wherein something relating to the subject is inserted in the middle of a period. All the difference between the parembole and the parenthesis, according to Vossius, is, that the former relates to the subject in hand, whereas the latter is foreign

to it.

PARENCHYMATOUS, or From parenPARENCHYMOUS, adj. chyma. Greek apεyyvpa, a spongy or porous substance; in physic, a part through which the blood is strained: relating to the parenchyma; spongy.

Ten thousand seeds of the plant hart's-tongue, hardly make the bulk of a pepper-corn. Now the covers and true body of each seed, the parenchymatons and ligneous parts of both moderately multiplied, afford an hundred thousand millions of formed atoms in the space of a pepper-corn.

Grec.

Those parts, formerly reckoned parenchymatous, are now found to be bundles of exceedingly small threads. Cheyne.

PARENCHYMA, in anatomy, is a term introduced by Erisistratus signifying all that substance which is contained in the interstices betwixt the bloodvessels of the viscera, which he imagined to be extravasated and concreted blood.

PARENCHYMA OF PLANTS. Grew applies this term to the pith or pulp, or that inner part of a fruit or plant through which the juice is supposed to be distributed.

PARENT (Anthony), as Dr. Watkins calls him, or Unsoine, according to others, a mathematician, born at Paris in 1666. He showed an early propensity to mathematics. At fourteen he was put under a master, who taught rhetoric at Chartres. Here he saw a dodecahedron upon every face of which, except the lowest, was delineated a sun-dial. Struck with the curiosity of these dials, he attempted drawing one himself. He then undertook to write a Treatise upon Gnomonics, and a book of Geometry. His friends then sent for him to Paris to study the law; but these studies were no sooner finished than he returned to mathematics. He then took pupils ; and, fortification having attracted particular notice, he turned his attention to it, and made two campaigns with the marquis of Aligre, by which he instructed himself in viewing fortified places; of which he drew a number of plans. M. de Billettes, being admitted in the Academy of Seiences at Paris in 1699, as their mechanician, nominated, for his disciple, Parent, who excelled chiefly in this branch. Though his abilities were acknowledged, yet his impetuosity of temper provoked opposition; and he rose no higher than assistant member for geometry. He enjoyed this promotion but a short time; for he was taked off by the small pox the same year, 1716, aged fifty. He was author of many pieces, chiefly on mechanics and geometry.

PARENT, 2. 5. Fr. parent; Lat. parens. PARENTAGE, A father or mother: paPARENTAL, adi.. S rentage is birth; extraction; condition by birth: parental, pertaining to, or becoming a parent.

All true virtues are to honour true religion as their parent, and all well ordered commonweales to love her as their chiefest stay.

Hooker.

A gentleman of noble parentage, Of fair demeasns, youthful and nobly allied.

Shakspeare.

Milton.

Though men esteem thee low of parentage, Thy father is the eternal king. It overthrows the careful course and parental provision of nature, whereby the young ones, newly excluded, are sustained by the dam. Browne.

His custom was, during the warmer season of the year, to spend an hour before evening-prayer in catechising; whereat the parents and older sort were wont to be present. Fell.

As a public parent of the state, My justice, and thy crime, requires thy fate. Dryden. To his levee go, And from himself your parentage may know. Id. In vain on the dissetnbled mother's tongue Had cunning art, and sly persuasion hung; And real care in vain and native love In the true parent's panting breast had strove.

Prior.

Young ladies, on whom parental controul sits heavily, give a man of intrigue room to think that they want to be parents.

Clarissa.

So thou, sweet rose-bud, young and gay,
Shalt beauteous blaze upon the day,
And bless the parent's evening ray

That watched thy early morning. Burns.
Sorrow has, since they went, subdued and tamed
The playful humor; he could now endure
(Himself grown sober in the vale of tears),
And feel a parent's presence no restraint. Cowper.
'Tis the most asinine employ on earth,
To hear them tell of parentage and birth,
And echo conversations dull and dry,
Embellished with-He said, and so said I. Id.
On cliff he hath been known to stand,
And rave as to some bloody hand
Fresh severed from its parent limb,
Invisible to all but him,

Byron.

Which beckons onward to his grave, And lures to leap into the wave. PARENT AND CHILD. The law of England on this subject may be divided into the duties and authority of parents, first, as to their legitimate children; secondly, their illegitimate children; and, lastly, the duties of children to their parents, and their rights and incapacities. SECT I.-OF THE DUTY OF PARENTS TO THEIR LEGITIMATE CHILDREN, AND THEIR AU

THORITY.

A legitimate child is he that is born in lawful wedlock, or within a competent time afterwards. Pater est quem nuptiæ demonstrant is the rule of the civil law, and which holds whether the nuptials happen before or after the birth of the child. But in the English law the rule is narrowed; for the nuptials must be precedent to the birth, of which we shall further treat in the second section.

1. Maintenance. It is a principle of the English law that there is an obligation on every man to provide for his children, and the manner in which this obligation shall be performed is thus pointed out by various statutes. The father

and mother, grandfather and grandmother, of poor impotent persons shall maintain them at their own charge, if of sufficient ability, according as the quarter sessions shall direct; and, if a parent wardens and overseers of the parish shall seize runs away and leaves his children, the churchhis rents, goods, and chattels, and dispose of them towards their relief. By the interpretations which the courts of law have made upon these statutes, it is said by Blackstone that if a mother or grandmother marries again, and was before such second marriage of sufficient ability to keep the child, the husband should be charged to maintain it; for this, being a debt of hers when single, should like others extend to charge the husband. But at her death, the relation being dissolved, the husband was under no further obligation. The statute upon which the construction is here given is 43 Eliz. c. 2; but it has since been determined that this statute extends to relations by blood only, and not those by affinity, and that, therefore (contrary to the position in the commentaries), a man is not bound to maintain the children of his wife by a former husband. See Rex, v. Munden, 1 Stra. 190; Tubb, v. Harrison, 4 Term Rep. 118. No person is, however, bound to provide a maintenance for his issue, unless where the children are impotent and unable to work either through infancy, disease, or accident, and then is only obliged to find them necessaries, the penalty on refusals being no more than 20s. a month.

A late statute, the 5 Geo. IV. c. 83, provides that persons, being able but wilfully neglecting to work to support their families, whereby they become chargeable to the parish, shall be deemed idle and disorderly, and be punishable by imprisonment and hard labor, not exceeding a month. Every person running away and leaving his wife or child chargeable shall also be deemed a rogue and vagabond. The wages of seamen and other persons in public employments who abscond from their families, as well as the allowance of Greenwich pensioners, are applicable for the maintenance of their children under the provisions of 59 Geo. III., c. 12.

2. Protection is a duty rather permitted than enjoined by any municipal laws, nature in this respect working so strongly as to need rather a check than a spur. A parent may, by our laws, maintain and uphold his children in their lawsuits without being guilty of the legal crime of maintaining quarrels. A parent may also justify an assault and battery in defence of the persons of his children.

3. Education. The last duty of parents to their children is that of giving them an education suitable to their station in life: a duty pointed out by reason, and of far the greatest importance of any. Our laws, though defective in this particular, have in one instance made a provision for training the rising generation since the poor and laborious part of the community, when past the age of nurture, are taken out of the hands of their parents by the statutes for apprenticing poor children. The rich, however, are left at their own option whether they will breed up their children to be the ornaments or disgrace of their family.

with child, of a bastard, and will by oath, before a justice of peace, charge any person as having got her with child, the justice shall cause such person to be apprehended, or appear at the next quarter sessions, to dispute and try the fact. But if the woman dies, or is married before delivery, or miscarries, or proves not to have been with child, the person shall be discharged; otherwise the sessions, or two justices out of the sessions, upon original application to them, may take order for the keeping of the bastard by charging the mother or the reputed father with the payment of money or other sustentation, for that purpose. And if such putative father or lewd mother run away from the parish, the overseers, by direction of two justices, may seize their rents, goods, and chattels, in order to bring up the bastard child. Yet such is the humanity of our laws that no woman can be compulsively questioned concerning the father of her child till one month after delivery, which indulgence is, however, frequently a hardship upon parishes by giving the parents opportunity to escape.

Besides the expense of maintenance the father is liable, by 49 Geo. III. c. 68, to the expenses of the accouchement, with the costs of apprehending, and order of filiation, not exceeding £10, and subject to the discretion of the magistrates or quarter sessions. The order must be made by two justices or more. By the same statute, a justice may commit the father to jail for three months, to hard labor, if he refuse to pay without sufficient cause. An appeal against the order of filiation must be made to the next sessions, and ten days previous notice given to the justices and overseers. If the father agree to indemnify the parish, the security given is vested in the overseers, who may sue as such. The parish however is only entitled to indemnify for actual expense; and if a sum be paid, in gross, as a discharge for the liability, and the child should die, or cease to be a burthen before the sum is expended, the father may recover back the difference; the reason for which is that otherwise it would be the interest of the parish to neglect the child, against which the law thus humanely provides.

3. Of the power of the parents as to illegitimate children.-Though the father of a legitimate child is entitled to the custody of it, the mother is preferred to the putative father of an illegitimate child; and if the putative father of a bastard obtain possession of it by fraud, the court will order it to be restored on the application of the mother. 5 Term Reports 278.

SECT. III-OF THE DUTIES OF CHILDREN: AND THEIR RIGHTS AND INCAPACITIES.

1. The duties of children to their parents arise from a principle of natural justice and retribution; for to those who gave us existence we naturally owe subjection and obedience during our minority, and honor and reverence ever after. They who protected the weakness of our infancy are entitled to our protection in the infirmity of their age; they who, by sustenance and educa tion, have enabled their offspring to prosper, ought in return to be supported by that offspring in case they stand in need of assistance. Upon

this principle proceed all the duties of children to their parents which are enjoined by positive laws. The law does not hold the tie of nature to be dissolved by any misbehaviour of the parent, and therefore a child is equally justifiable in defending the person or maintaining the cause or suit of a bad parent as a good one; and is equally compellable, if of sufficient ability, to maintain and provide for a wicked and unnatural progenitor as for one who has shown the greatest tenderness and parental duty. Dr. Brown, it seems, was inclined to think, contrary to the opinion of lord Holt, that a grandchild is not compellable to relieve an indigent grandfather; but, according to professor Christian, there seems no doubt that the court of king's bench would determine the duty to be reciprocal, and would construe any ambiguous expression in favor of the discharge of such a natural and moral obligation.

2. Our law has made no provision to prevent the disinheriting of children by will: leaving every man's property in his own disposal upon a principle of liberty in this as well as every other action. Heirs, however, and children are favorites of our courts of justice, and cannot be disinherited by any dubious or ambiguous words, there being required the utmost certainty of the testator's intentions to take away the right of an heir.

3. Of the rights and incapacities of bastards.The rights of a bastard are few, being only such as he can acquire; for he can inherit nothing, being looked upon as the son of nobody, and sometimes called filius nullius, sometimes filius populi. Yet he may gain a surname by reputation, though he has none by inheritance. All other children have their primary settlement in their father's parish, but a bastard in the parish where born, for he has no father. However in cases of fraud, as if a woman be sent either by order of justices, or comes to beg as a vagrant to a parish which she does not belong to, and drops her bastard there, the bastard shall in the first case be settled in the parish whence she was illegally moved, or in the latter case in the mother's own parish, if the mother be apprehended for her vagrancy. Bastards also born in any licensed hospital for pregnant women are settled in the parishes to which the mothers belong.

4. The incapacity of a bastard consists principally in this, that he cannot be heir to any one, neither can he have heirs but of his own body; for, being nullius filius, he is therefore of kin to nobody, and has no ancestor from whom any inheritable blood can be derived. By the common law it is held that a bastard is incapable of holding any ecclesiastical benefice.

In all other respects there is no distinction between a bastard and another man. A bastar may lastly be made legitimate and capable of inheriting by the transcendent power of an act of parliament, and not otherwise, as was done in the case of John of Gaunt's bastard children by a statute of Richard II.

PARENTALIA, in antiquity, funeral obsequies, or the last duties paid by children to their deceased parents.

PARENTHESIS, n. s.

Fr. parenthese; Gr.