ve can
conveniently be assembled to provide for it. 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; 'tis fit the ruler should have a power, in many cases, to
mitigate the severity of the law, and pardon some offenders: for 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.

Sect. 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 lawmaking 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 to 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.

Sect. 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; they are far from examining
prerogative, whilst it is in any tolerable degree employed for the use
it was meant, that is, for 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
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