Chapter XIV. Of Prerogative.

§159. WHERE the legislative¹ and executive power are in distinct hands, (as they are in all moderated monarchies², and well-framed governments) there the good of the society requires, that several things should be left to the discretion³ 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. 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: nay⁴, 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 rigid⁵ 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 mitigate⁶ the severity of the law, and pardon some offenders⁷: for the end of government being the preservation⁸ 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 prescription⁹ of the law, and sometimes even against it, is that which is called prerogative¹⁰: 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 requisite¹¹ 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 inflexible¹² rigour, on all occasions, and upon all persons that may come in their way; therefore there is a latitude¹³ 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 scrupulous¹⁴ 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 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 infancy¹⁵ of governments, when commonwealths¹⁶ 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 supplied 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 determined¹⁷ in those points wherein they found disadvantage from it: and thus declared limitations of prerogative were by the people found necessary in 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 any thing 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 which they intended him when he used it otherwise: for the end of government being the good of the community, whatsoever¹⁸ alterations¹⁹ are made in it, tending to that end, cannot be an encroachment²⁰ upon any body, since no body 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 disorders²² 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 mutual²³ good; they are not such as have set rulers over themselves, to guard, and promote that good; but are to be looked on as an herd²⁴ of inferior creatures under the dominion²⁵ 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 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 acquiescing²⁶ 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 which his predecessors²⁷ 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, contested not what was done without law to that end: or, if any human frailty²⁸ or mistake (for princes are but men, made as others) appeared in some small declinations from that end; yet ’twas visible, the main of their conduct tended to nothing but the care of the public. The people therefore, finding reason to be satisfied with these princes, whenever they acted without, or contrary to the letter of the law, acquiesced²⁹ in what they did, and, without the least complaint, let them inlarge their prerogative as they pleased, judging rightly, that they did nothing herein to the prejudice of their laws, since they acted conformable to the foundation and end of all laws, the public good.

§166. Such god-like princes indeed had some title to arbitrary power by that argument, that would prove absolute monarchy³⁰ the best government, as that which God himself governs the universe by; because such kings partake of his wisdom and goodness. Upon this is founded that saying, That the reigns³¹ of good princes have been always most dangerous to the liberties of their people: for when their successors, managing the government with different thoughts, would draw the actions of those good rulers into precedent³², and make them the standard of their prerogative, as if what had been done only for the good of the people was a right in them to do, for the harm of the people, if they so pleased; it has often occasioned contest, and sometimes public disorders, before the people could recover their original right, and get that to be declared not to be prerogative, which truly was never so; since it is impossible that any body in the society should ever have a right to do the people harm; though it be very possible, and reasonable, that the people should not go about to set any bounds to the prerogative of those kings, or rulers, who themselves transgressed³³ not the bounds of the public good: for prerogative is nothing but the power of doing public good without a rule.

§167. The power of calling parliaments in England, as to precise time, place, and duration, is certainly a prerogative of the king, but still with this trust, that it shall be made use of for the good of the nation, as the exigencies³⁴ of the times, and variety of occasions, shall require: for it being impossible to foresee which should always be the fittest place for them to assemble in, and what the best season; the choice of these was left with the executive power, as might be most subservient³⁵ to the public good, and best suit the ends of parliaments.

§168. The old question will be asked in this matter of prerogative, But who shall be judge when this power is made a right use of one answer: between an executive power in being, with such a prerogative, and a legislative that depends upon his will for their convening³⁶, there can be no judge on earth; as there can be none between the legislative and the people, should either the executive, or the legislative, when they have got the power in their hands, design, or go about to enslave or destroy them. The people have no other remedy in this, as in all other cases where they have no judge on earth, but to appeal to heaven: for the rulers, in such attempts, exercising a power the people never put into their hands, (who can never be supposed to consent that any body should rule over them for their harm) do that which they have not a right to do. And where the body of the people, or any single man, is deprived of their right, or is under the exercise of a power without right, and have no appeal on earth, then they have a liberty to appeal to heaven, whenever they judge the cause of sufficient moment. And therefore, though the people cannot be judge, so as to have, by the constitution of that society, any superior power, to determine and give effective sentence in the case; yet they have, by a law antecedent and paramount³⁷ to all positive laws of men, reserved that ultimate determination to themselves which belongs to all mankind, where there lies no appeal on earth, viz. to judge, whether they have just cause to make their appeal to heaven. And this judgment³⁸ they cannot part with, it being out of a man’s power so to submit himself to another, as to give him a liberty to destroy him; God and nature never allowing a man so to abandon himself, as to neglect his own preservation: and since he cannot take away his own life, neither can he give another power to take it. Nor let any one think, this lays a perpetual foundation for disorder²¹; for this operates not, till the inconveniency is so great, that the majority feel it, and are weary of it, and find a necessity to have it amended³⁹. But this the executive power, or wise princes, never need come in the danger of: and it is the thing, of all others, they have most need to avoid, as of all others the most perilous⁴⁰.

1 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

2 monarchies   

n. 君主政体, 君主国, 君主政治

参考例句：

• It cleared away a number of monarchies. 它清除了好几个君主政体。
• Nowadays, there are few monarchies left in the world. 现在世界上君主制的国家已经很少了。

3 discretion   

n.谨慎；随意处理

参考例句：

• You must show discretion in choosing your friend.你择友时必须慎重。
• Please use your best discretion to handle the matter.请慎重处理此事。

4 nay   

adv.不；n.反对票，投反对票者

参考例句：

• He was grateful for and proud of his son's remarkable,nay,unique performance.他为儿子出色的，不，应该是独一无二的表演心怀感激和骄傲。
• Long essays,nay,whole books have been written on this.许多长篇大论的文章，不，应该说是整部整部的书都是关于这件事的。

5 rigid   

adj.严格的，死板的；刚硬的，僵硬的

参考例句：

• She became as rigid as adamant.她变得如顽石般的固执。
• The examination was so rigid that nearly all aspirants were ruled out.考试很严，几乎所有的考生都被淘汰了。

6 mitigate   

vt.（使）减轻，（使）缓和

参考例句：

• The government is trying to mitigate the effects of inflation.政府正试图缓和通货膨胀的影响。
• Governments should endeavour to mitigate distress.政府应努力缓解贫困问题。

7 offenders   

n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物）

参考例句：

• Long prison sentences can be a very effective deterrent for offenders. 判处长期徒刑可对违法者起到强有力的威慑作用。
• Purposeful work is an important part of the regime for young offenders. 使从事有意义的劳动是管理少年犯的重要方法。

8 preservation   

n.保护，维护，保存，保留，保持

参考例句：

• The police are responsible for the preservation of law and order.警察负责维持法律与秩序。
• The picture is in an excellent state of preservation.这幅画保存得极为完好。

9 prescription   

n.处方，开药；指示，规定

参考例句：

• The physician made a prescription against sea- sickness for him.医生给他开了个治晕船的药方。
• The drug is available on prescription only.这种药只能凭处方购买。

10 prerogative   

n.特权

参考例句：

• It is within his prerogative to do so.他是有权这样做的。
• Making such decisions is not the sole prerogative of managers.作这类决定并不是管理者的专有特权。

11 requisite   

adj.需要的，必不可少的；n.必需品

参考例句：

• He hasn't got the requisite qualifications for the job.他不具备这工作所需的资格。
• Food and air are requisite for life.食物和空气是生命的必需品。

12 inflexible   

adj.不可改变的，不受影响的，不屈服的

参考例句：

• Charles was a man of settled habits and inflexible routine.查尔斯是一个恪守习惯、生活规律不容打乱的人。
• The new plastic is completely inflexible.这种新塑料是完全不可弯曲的。

13 latitude   

n.纬度，行动或言论的自由(范围)，(pl.)地区

参考例句：

• The latitude of the island is 20 degrees south.该岛的纬度是南纬20度。
• The two cities are at approximately the same latitude.这两个城市差不多位于同一纬度上。

14 scrupulous   

adj.审慎的，小心翼翼的，完全的，纯粹的

参考例句：

• She is scrupulous to a degree.她非常谨慎。
• Poets are not so scrupulous as you are.诗人并不像你那样顾虑多。

15 infancy   

n.婴儿期；幼年期；初期

参考例句：

• He came to England in his infancy.他幼年时期来到英国。
• Their research is only in its infancy.他们的研究处于初级阶段。

16 commonwealths   

n.共和国( commonwealth的名词复数 )；联邦；团体；协会

参考例句：

17 determined   

adj.坚定的；有决心的

参考例句：

• I have determined on going to Tibet after graduation.我已决定毕业后去西藏。
• He determined to view the rooms behind the office.他决定查看一下办公室后面的房间。

18 whatsoever   

adv.（用于否定句中以加强语气）任何；pron.无论什么

参考例句：

• There's no reason whatsoever to turn down this suggestion.没有任何理由拒绝这个建议。
• All things whatsoever ye would that men should do to you,do ye even so to them.你想别人对你怎样，你就怎样对人。

19 alterations   

n.改动( alteration的名词复数 )；更改；变化；改变

参考例句：

• Any alterations should be written in neatly to the left side. 改动部分应书写清晰，插在正文的左侧。 来自《简明英汉词典》
• Gene mutations are alterations in the DNA code. 基因突变是指DNA 密码的改变。 来自《简明英汉词典》

20 encroachment   

n.侵入，蚕食

参考例句：

• I resent the encroachment on my time.我讨厌别人侵占我的时间。
• The eagle broke away and defiantly continued its encroachment.此时雕挣脱开对方，继续强行入侵。

21 disorder   

n.紊乱，混乱；骚动，骚乱；疾病，失调

参考例句：

• When returning back,he discovered the room to be in disorder.回家后，他发现屋子里乱七八糟。
• It contained a vast number of letters in great disorder.里面七零八落地装着许多信件。

22 disorders   

n.混乱( disorder的名词复数 )；凌乱；骚乱；（身心、机能）失调

参考例句：

• Reports of anorexia and other eating disorders are on the increase. 据报告，厌食症和其他饮食方面的功能紊乱发生率正在不断增长。 来自《简明英汉词典》
• The announcement led to violent civil disorders. 这项宣布引起剧烈的骚乱。 来自《简明英汉词典》

23 mutual   

adj.相互的，彼此的；共同的，共有的

参考例句：

• We must pull together for mutual interest.我们必须为相互的利益而通力合作。
• Mutual interests tied us together.相互的利害关系把我们联系在一起。

24 herd   

n.兽群，牧群；vt.使集中，把…赶在一起

参考例句：

• She drove the herd of cattle through the wilderness.她赶着牛群穿过荒野。
• He had no opinions of his own but simply follow the herd.他从无主见，只是人云亦云。

25 dominion   

n.统治，管辖，支配权；领土，版图

参考例句：

• Alexander held dominion over a vast area.亚历山大曾统治过辽阔的地域。
• In the affluent society,the authorities are hardly forced to justify their dominion.在富裕社会里，当局几乎无需证明其统治之合理。

26 acquiescing   

v.默认，默许( acquiesce的现在分词 )

参考例句：

• Japan were acquiescing in being strangled. 日本默然同意别人把它捏死。 来自辞典例句
• Smith urged Ariza to retract his trade request and be patient several times before finally acquiescing. 在阿里扎提出要被交易时，在答应之前，他曾经数次要求对方多加考虑。 来自互联网

27 predecessors   

n.前任( predecessor的名词复数 )；前辈；（被取代的）原有事物；前身

参考例句：

• The new government set about dismantling their predecessors' legislation. 新政府正着手废除其前任所制定的法律。 来自《简明英汉词典》
• Will new plan be any more acceptable than its predecessors? 新计划比原先的计划更能令人满意吗？ 来自《简明英汉词典》

28 frailty   

n.脆弱；意志薄弱

参考例句：

• Despite increasing physical frailty,he continued to write stories.尽管身体越来越虛弱，他仍然继续写小说。
• He paused and suddenly all the frailty and fatigue showed.他顿住了，虚弱与疲惫一下子显露出来。

29 acquiesced   

v.默认，默许( acquiesce的过去式和过去分词 )

参考例句：

• Senior government figures must have acquiesced in the cover-up. 政府高级官员必然已经默许掩盖真相。
• After a lot of persuasion,he finally acquiesced. 经过多次劝说，他最终默许了。 来自《简明英汉词典》

30 monarchy   

n.君主，最高统治者；君主政体，君主国

参考例句：

• The monarchy in England plays an important role in British culture.英格兰的君主政体在英国文化中起重要作用。
• The power of the monarchy in Britain today is more symbolical than real.今日英国君主的权力多为象徵性的，无甚实际意义。

31 reigns   

n.君主的统治( reign的名词复数 )；君主统治时期；任期；当政期

参考例句：

• In these valleys night reigns. 夜色笼罩着那些山谷。 来自《现代汉英综合大词典》
• The Queen of Britain reigns, but she does not rule or govern. 英国女王是国家元首，但不治国事。 来自辞典例句

32 precedent   

n.先例，前例；惯例；adj.在前的，在先的

参考例句：

• Is there a precedent for what you want me to do?你要我做的事有前例可援吗？
• This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。

33 transgressed   

v.超越( transgress的过去式和过去分词 )；越过；违反；违背

参考例句：

• You transgressed against the law. 你犯法了。 来自《现代英汉综合大词典》
• His behavior transgressed the unwritten rules of social conduct. 他的行为违反了不成文的社交规范。 来自辞典例句

34 exigencies   

n.急切需要

参考例句：

• Many people are forced by exigencies of circumstance to take some part in them. 许多人由于境况所逼又不得不在某种程度上参与这种活动。
• The people had to accept the harsh exigencies of war. 人们要承受战乱的严酷现实。

35 subservient   

adj.卑屈的，阿谀的

参考例句：

• He was subservient and servile.他低声下气、卑躬屈膝。
• It was horrible to have to be affable and subservient.不得不强作欢颜卖弄风骚，真是太可怕了。

36 convening   

召开( convene的现在分词 )； 召集； （为正式会议而）聚集； 集合

参考例句：

• When convening the assembly, however, you shall blow without sounding an alarm. 民10:7但招聚会众的时候、们要吹号、不要吹出大声。
• We warmly welcome the convening of Asia-Europe meeting in London. 热烈欢迎亚欧会议在伦敦召开。

37 paramount   

a.最重要的，最高权力的

参考例句：

• My paramount object is to save the Union and destroy slavery.我的最高目标是拯救美国，摧毁奴隶制度。
• Nitrogen is of paramount importance to life on earth.氮对地球上的生命至关重要。

38 judgment   

n.审判；判断力，识别力，看法，意见

参考例句：

• The chairman flatters himself on his judgment of people.主席自认为他审视人比别人高明。
• He's a man of excellent judgment.他眼力过人。

39 Amended   

adj. 修正的 动词amend的过去式和过去分词

参考例句：

• He asked to see the amended version. 他要求看修订本。
• He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。

40 perilous   

adj.危险的，冒险的

参考例句：

• The journey through the jungle was perilous.穿过丛林的旅行充满了危险。
• We have been carried in safety through a perilous crisis.历经一连串危机，我们如今已安然无恙。