DAVID HUME

{h) Dire ce que vous savez de Jefi'rej^s et de Cromwell. (c) Dictée.

(a) Traduire en français : —

The peace and good order of society were not promoted by this system. Though private wars did not originate in the feudal customs, it is impossible to doubt that they were perpetuated by so convenient an institution, which indeed owed its universal establishment to no other cause. And as predominant habits of warfare are totally irreconcilable with those of industry, not merely by the immediate works of destruction which render its efforts unavailing, but through that contempt of peaceful occupations which they produce, the feudal system must have been intrinsically adverse to the accumulation of wealth, and the improvement of those arts which mitigate the evils or abridge the labours of mankind.

But as a school of moral discipline, the feudal institutions were perhaps most to be valued. Society had sunk for several centuries after the dissolution of the Roman Empire into a condition of utter depravity ; where, if any vices could be selected as more eminently characteristic than others, they were falsehood, treachery, and ingratitude. In slowly purging off the lees of this extreme corruption, the feudal spirit exerted its ameliorating influence. Violation of faith stood first in the catalogue of crimes, most repugnant to the very essence of a feudal tenure, most severely and promptly avenged, most branded by general infamy. The feudal law-books breathe throughout a spirit of honourable obligation. The feudal course of jurisdiction promoted, what trial by peers is peculiarly calculated to promote, a keener feeling, as well as readier perception, of moral as well as of legal distinctions. In the reciprocal services of lord and vassal, there was ample

scope for ever}' magnanimous and disinterested energy. The heart of man, when placed in circumstances that have a tendency to excite them, will seldom be deficient in such sentiments. No occasions could be more favourable than the protection of a faithful supporter, or the defence of a beneficent sovereign, against such powerful aggression as left little prospect except of sharing in his ruin.

(henry hallam.)

(b) Les impressions de Mme. de Staël en arrivant en Angleterre.

('•) A quoi faut-il attribuer la prospérité de l'Angleterre en 1813.

(a) Traduire en français : —

The trial by jurj' ever has been, and I trust ever will be, looked upon as the glory of the English law. It is the most transcendent priWlege which any subject can enjoy, or wish for, that he cannot be affected either in his property, his liberty, or his person, but by the unanimous consent of twelve of his neighbours and equals. It is a constitution, that I may venture to affirm has, under providence, secured the just liberties of this nation for a long succession of ages.

Great as this eulogium may seem, it is no more than this admirable constitution, when traced to its principles, will be found in sober reason to deserve. The impartial administration of justice, which secures both our persons and our properties, is the great end of civil society. But if that be entirely intrusted to the magistracy, a select body of men, and those generally selected by the prince or such as enjoy the highest offices in the state, their

decisions, in spite of their own natural integrity, will have frequently an involuntary bias towards those of their own rank and dignity : it is not to be expected from human nature, that the few should be always attentive to the interests and good of the many. On the other hand, if the power of judicature were placed at random in the hands of the multitude, their decisions would be wild and capricious, and a new rule of action would be every day established in our courts. It is wisely therefore ordered, that the principles and axioms of law, which are general propositions, flowing from abstracted reason, and not accommodated to times or to men, should be deposited in the breasts of the judges, to be occasionally applied to such facts as come properly ascertained before them.

(sir wm. blackstone.)

(h) Pourquoi madame de Staël admire-t-elle le système judiciaire en Angleterre.

(c) ' Ce qui caractérise particulièrement l'Angleterre c'est le mélange de l'esprit chevaleresque avec l'enthousiasme de la liberté.' Développer cette réflexion de Madame de Staël.

(a) Traduire en français : —