'Tis not a change from the present state, which
perhaps corruption or decay has introduced, that makes an inroad
upon the government, but the tendency of it to injure or oppress
the people, and to set up one part or party, with a distinction
from, and an unequal subjection of the rest. Whatsoever cannot
but be acknowledged to be of advantage to the society, and people
in general, upon just and lasting measures, will always, when
done, justify itself; and whenever the people shall chuse their
representatives upon just and undeniably equal measures, suitable
to the original frame of the government, it cannot be doubted to
be the will and act of the society, whoever permitted or caused
them so to do.
CHAP. XIV.
Of PREROGATIVE.
Sec. 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.
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