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.
Pages:
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157