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159。 WHERE the legislative and executive power are in distinct
hands； as they are in all moderated monarchies and well…framed
governments； there the good of the society requires that several
things should be left to the discretion of him that has the
executive power。 For the legislators not being able to foresee and
provide by laws for all that may be useful to the community； the
executor of the laws； having the power in his hands； has by the common
law of Nature a right to make use of it for the good of the society；
in many cases where the municipal law has given no direction； till the
legislative can conveniently be assembled to provide for it； nay； many
things there are which the law can by no means provide for； and
those must necessarily be left to the discretion of him that has the
executive power in his hands； to be ordered by him as the public
good and advantage shall require； nay； it is fit that the laws
themselves should in some cases give way to the executive power； or
rather to this fundamental law of Nature and government… viz。； that as
much as may be all the members of the society are to be preserved。 For
since many accidents may happen wherein a strict and rigid observation
of the laws may do harm； as not to pull down an innocent man's house
to stop the fire when the next to it is burning； and a man may come
sometimes within the reach of the law； which makes no distinction of
persons； by an action that may deserve reward and pardon； it is fit
the ruler should have a power in many cases to mitigate the severity
of the law； and pardon some offenders； since the end of government
being the preservation of all as much as may be； even the guilty are
to be spared where it can prove no prejudice to the innocent。
160。 This power to act according to discretion for the public
good； without the prescription of the law and sometimes even against
it； is that which is called prerogative； for since in some governments
the law…making power is not always in being and is usually too
numerous； and so too slow for the dispatch requisite to execution； and
because； also； it is impossible to foresee and so by laws to provide
for all accidents and necessities that may concern the public； or make
such laws as will do no harm； if they are executed with an
inflexible rigour on all occasions and upon all persons that may
come in their way； therefore there is a latitude left to the executive
power to do many things of choice which the laws do not prescribe。
161。 This power； whilst employed for the benefit of the community
and suitably to the trust and ends of the government； is undoubted
prerogative； and never is questioned。 For the people are very seldom
or never scrupulous or nice in the point or questioning of prerogative
whilst it is in any tolerable degree employed for the use it was
meant… that is； the good of the people； and not manifestly against it。
But if there comes to be a question between the executive power and
the people about a thing claimed as a prerogative； the tendency of the
exercise of such prerogative； to the good or hurt of the people；
will easily decide that question。
162。 It is easy to conceive that in the infancy of governments； when
commonwealths differed little from families in number of people；
they differed from them too but little in number of laws； and the
governors being as the fathers of them； watching over them for their
good； the government was almost all prerogative。 A few established
laws served the turn； and the discretion and care of the ruler suppled
the rest。 But when mistake or flattery prevailed with weak princes； to
make use of this power for private ends of their own and not for the
public good； the people were fain； by express laws； to get prerogative
determined in those points wherein they found disadvantage from it；
and declared limitations of prerogative in those cases which they
and their ancestors had left in the utmost latitude to the wisdom of
those princes who made no other but a right use of it… that is； for
the good of their people。
163。 And therefore they have a very wrong notion of government who
say that the people have encroached upon the prerogative when they
have got any part of it to be defined by positive laws。 For in so
doing they have not pulled from the prince anything that of right
belonged to him； but only declared that that power which they
indefinitely left in his or his ancestors' hands； to be exercised
for their good； was not a thing they intended him； when he used it
otherwise。 For the end of government being the good of the
community； whatsoever alterations are made in it tending to that end
cannot be an encroachment upon anybody； since nobody in government can
have a right tending to any other end； and those only are
encroachments which prejudice or hinder the public good。 Those who say
otherwise speak as if the prince had a distinct and separate
interest from the good of the community； and was not made for it；
the root and source from which spring almost all those evils and
disorders which happen in kingly governments。 And indeed； if that be
so； the people under his government are not a society of rational
creatures； entered into a community for their mutual good； such as
have set rulers over themselves； to guard and promote that good； but
are to be looked on as a herd of inferior creatures under the dominion
of a master； who keeps them and works them for his own pleasure or
profit。 If men were so void of reason and brutish as to enter into
society upon such terms； prerogative might indeed be； what some men
would have it； an arbitrary power to do things hurtful to the people。
164。 But since a rational creature cannot be supposed； when free； to
put himself into subjection to another for his own harm （though
where he finds a good and a wise ruler he may not； perhaps； think it
either necessary or useful to set precise bounds to his power in all
things）； prerogative can be nothing but the people's permitting
their rulers to do several things of their own free choice where the
law was silent； and sometimes too against the direct letter of the
law； for the public good and their acquiescing in it when so done。 For
as a good prince； who is mindful of the trust put into his hands and
careful of the good of his people； cannot have too much prerogative…
that is； power to do good； so a weak and ill prince； who would claim
that power his predecessors exercised； without the direction of the
law； as a prerogative belonging to him by right of his office； which
he may exercise at his pleasure to make or promote an interest
distinct from that of the public； gives the people an occasion to
claim their right and limit that power； which； whilst it was exercised
for their good； they were content should be tacitly allowed。
165。 And therefore he that will look into the history of England
will find that prerogative was always largest in the hands of our
wisest and best princes； because the people observing the whole
tendency of their actions to be the public good； or if a