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. 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.
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 overballance 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 nation recovers it's former liberty, it will owe it to the efforts of thoſe aſſemblies. In Turkey, where every thing is centered in the ſultan or his
