In almost every page in this instructive volume the reader picks up
pieces of curious information, or finds matters suggestive of
interesting thought. There start up ever and anon valuable hints that
germinate and bear fruit in the mind. We would instance, by way of
illustration, a hint which occurs in a letter to Lauderdale, written
shortly after the Restoration, and which, though apparently slight,
leads legitimately into a not unimportant train of thinking. Scotchmen
are much in the habit of referring to the political maxim that the
king can do no wrong, as a fundamental principle of the constitution,
which concerns them as directly as it does their neighbours the
English. Dr. Chalmers alluded to it no later than last week, in his
admirable speech in the Commission. The old maxim, that the king could
do no wrong, he said, had now, it would seem, descended from the
throne to the level of courts co-ordinate with the Church. Would it
not be a somewhat curious matter to find that this doctrine is one
which has in reality not entered Scotland at all? It stands in
England, a guardian in front of the throne, transferring every blow
which would otherwise fall on the sovereign himself, to the
sovereign's ministers: it is ministers, not sovereigns, who are
responsible to the people of England. But it would at least seem, that
with regard to the people of Scotland the responsibility extends
further. At least the English doctrine was regarded as _exclusively_
an English one in the days of Baillie, nearly half a century prior to
the Union, and more than a whole century ahead of those times in
which the influence of that event began to have the effect of mixing
up in men's minds matters peculiar to England with matters common to
Britain. We find Baillie, in his letter written immediately after the
passing of the Act Recissory, pronouncing the doctrine that the 'king
can do no fault,' as in his judgment 'good and wise,' but referring to
it at the same time as a doctrine, not of the Scottish Constitution,
but of the 'State of England.'