In presence of the unbending operation of the common law, and
dependent on a surly suspicious parliament, the sovereign might yet, if
he were a man of talent and courage, be very powerful and very
tyrannical: but he had none of those attributes through which the
ingenuity of the civilians had divested him of all the moral failings,
so far as they were accompanied with the moral responsibilities of a
human being. He was often a "most dread sovereign:" but it was for these
novel doctrines, the fruit of the reading of the clergy and the
ecclesiastical lawyers, to invest him with the attributes of "sacred
majesty."
The supporters of the common law, and of the old popular rights, strove
to keep the law above the king. Those who drew their constitutional
principles from the civilians and canonists, desired to place the king
above the law. They accomplished their object in name, but not in fact,
by incorporating with the constitutional law those fictions, that the
king never dies, is not responsible, does not require to appear by his
attorney, suffers no laches, &c. But in reality the old principles which
made the king merely the head of a community, all of whom were subjected
to the law, substantially held its ground; for, in so far as the monarch
was exempted from responsibilities, in the same proportion was he
deprived of any powers which he could exercise otherwise than through a
responsible minister.
There was in Hume a like want of appreciation of the value of
parliamentary forms and privileges, and a corresponding indifference
about their violation. He had not sufficiently studied the Journals of
the Commons, and did not trace the rise and development of that system
of procedure which has protected our own liberties, and afforded a model
for the legislative assemblies of all free nations.[71:1] It was in the
Long Parliament, and under the eye of the able men of business who then
held the lead, that this noble system was brought to perfection; but the
reader whose historical information is derived solely from Hume, knows
little of its value. Thus unconscious of the practical importance of the
rights and privileges of the English people, he did not sympathize with
those who expected alarming consequences from their infringement. He
involved those who put the protection of their legal rights to the issue
of the sword, in the same contemptuous estimate with the fanatics whom
he charged with convulsing the state about religious differences of no
essential moment. In either case the event at issue was of so little
importance in his estimation, that he had small charity for those who
made it a vitally important concern.[72:1] But in all these matters we
look back on Hume with the light of later times. To appreciate his
services to constitutional history, we must, while we keep in view the
successful labours of later inquirers, remember how little had been done
by his predecessors. The old chroniclers, such as Hall and Holingshed,