mentum regis
juratum_[c]. And hence also arises another branch of the prerogative,
that of _pardoning_ offences; for it is reasonable that he only who is
injured should have the power of forgiving. And therefore, in
parliamentary impeachments, the king has no prerogative of pardoning:
because there the commons of Great Britain are in their own names the
prosecutors, and not the crown; the offence being for the most part
avowedly taken to be done against the public. Of prosecutions and
pardons I shall treat more at large hereafter; and only mention them
here, in this cursory manner, to shew the constitutional grounds of
this power of the crown, and how regularly connected all the links are
in this vast chain of prerogative.

[Footnote c: Stiernh. _de jure Goth._ _l._ 3. _c._ 3. A notion
somewhat similar to this may be found in the mirrour. c. 1. Sec. 5.]

IN this distinct and separate existence of the judicial power, in a
peculiar body of men, nominated indeed, but not removeable at
pleasure, by the crown, consists one main preservative of the public
liberty; which cannot subsist long in any state, unless the
administration of common justice be in some degree separated both from
the legislative and also from the executive power. Were it joined with
the legislative, the life, liberty, and property, of the subject would
be in the hands of arbitrary judges, whose decisions would be then
regulated only by their own opinions, and not by any fundamental
principles of law; which, though legislators may depart from, yet
judges are bound to observe. Were it joined with the executive, this
union might soon be an over-ballance for the legislative. For which
reason, by the statute of 16 Car. I. c. 10. which abolished the court
of star chamber, effectual care is taken to remove all judicial power
out of the hands of the king's privy council; who, as then was evident
from recent instances, might soon be inclined to pronounce that for
law, which was most agreeable to the prince or his officers. Nothing
therefore is more to be avoided, in a free constitution, than uniting
the provinces of a judge and a minister of state. And indeed, that the
absolute power, claimed and exercised in a neighbouring nation, is
more tolerable than that of the eastern empires, is in great measure
owing to their having vested the judicial power in their parliaments,
a body separate and distinct from both the legislative and executive:
and, if ever that nati