s, against
the petitions of the commons, the acts of the legislature, the
testimony of historians and lawyers, before we could assert that England
acquiesced in those abuses and oppressions which it must be confessed
she was unable fully to prevent.

The word prerogative is of a peculiar import, and scarcely understood by
those who come from the studies of political philosophy. We cannot
define it by any theory of executive functions. All these may be
comprehended in it; but also a great deal more. It is best, perhaps, to
be understood by its derivation, and has been said to be that law in
case of the king which is law in no case of the subject.[362] Of the
higher and more sovereign prerogatives I shall here say nothing; they
result from the nature of a monarchy, and have nothing very peculiar in
their character. But the smaller rights of the crown show better the
original lineaments of our constitution. It is said commonly enough that
all prerogatives are given for the subject's good. I must confess that
no part of this assertion corresponds with my view of the subject. It
neither appears to me that these prerogatives were ever given nor that
they necessarily redound to the subject's good. Prerogative, in its old
sense, might be defined an advantage obtained by the crown over the
subject, in cases where their interests came into competition, by reason
of its greater strength. This sprang from the nature of the Norman
government, which rather resembled a scramble of wild beasts, where the
strongest takes the best share, than a system founded upon principles of
common utility. And, modified as the exercise of most prerogatives has
been by the more liberal tone which now pervades our course of
government, whoever attends to the common practice of courts of justice,
and, still more, whoever consults the law-books, will not only be
astonished at their extent and multiplicity, but very frequently at
their injustice and severity.

[Sidenote: Purveyance.]

The real prerogatives that might formerly be exerted were sometimes of
so injurious a nature, that we can hardly separate them from their
abuse: a striking instance is that of purveyance, which will at once
illustrate the definition above given of a prerogative, the limits
within which it was to be exercised, and its tendency to transgress
them. This was a right of purchasing whatever was necessary for the
king's household, at a fair price, in preference to every competit