Page:Hume - Essays and Treatises on Several Subjects - 1809 - Vol. 1.djvu/19

Rh, in his lively description of Queen Elizabeth's policy and government,

According to these remarks, we are to consider the Roman government under the emperors as a mixture of despotism and liberty, where the despotism prevailed; and the English government as a mixture of the same kind, where the liberty predominates. The consequences are conformable to the foregoing observation; and such as may be expected from those mixed forms of government, which beget a mutual watchfulness and jealousy. The Roman emperors were, many of them, the most frightful tyrants that ever disgraced human nature; and it is evident, that their cruelty was chiefly excited by their jealousy, and by their observing that all the great men of Rome bore with impatience the dominion of a family, which, but a little before, was nowise superior to their own. On the other hand, as the republican part of the government prevails in England, though with a great mixture of monarchy, it is obliged, for its own preservation, to maintain a watchful jealousy over the magistrates, to remove all discretionary powers, and to secure every one's life and fortune by general and inflexible laws. No action must be deemed a crime but what the law has plainly determined to be such: No crime must be imputed to a man but from a legal proof before his judges; and even these judges must be his fellow-subjects, who are obliged, by their own interest, to have a watchful eye over the encroachments, and violence of the ministers. From these causes it proceeds, that there