Chapter XVII: Foundation Of Constantinople.—Part III. 第十七章 君士坦丁堡的创建——第三节
Chapter XVII: Foundation Of Constantinople.—Part III.
第十七章 君士坦丁堡的创建——第三节
The manly pride of the Romans, content with substantial power, had left to the vanity of the East the forms and ceremonies of ostentatious greatness. 73 But when they lost even the semblance of those virtues which were derived from their ancient freedom, the simplicity of Roman manners was insensibly corrupted by the stately affectation of the courts of Asia. The distinctions of personal merit and influence, so conspicuous in a republic, so feeble and obscure under a monarchy, were abolished by the despotism of the emperors; who substituted in their room a severe subordination of rank and office from the titled slaves who were seated on the steps of the throne, to the meanest instruments of arbitrary power. This multitude of abject dependants was interested in the support of the actual government from the dread of a revolution, which might at once confound their hopes and intercept the reward of their services. In this divine hierarchy (for such it is frequently styled) every rank was marked with the most scrupulous exactness, and its dignity was displayed in a variety of trifling and solemn ceremonies, which it was a study to learn, and a sacrilege to neglect. 74 The purity of the Latin language was debased, by adopting, in the intercourse of pride and flattery, a profusion of epithets, which Tully would scarcely have understood, and which Augustus would have rejected with indignation. The principal officers of the empire were saluted, even by the sovereign himself, with the deceitful titles of your Sincerity, your Gravity, your Excellency, your Eminence, your sublime and wonderful Magnitude, your illustrious and magnificent Highness. 75 The codicils or patents of their office were curiously emblazoned with such emblems as were best adapted to explain its nature and high dignity; the image or portrait of the reigning emperors; a triumphal car; the book of mandates placed on a table, covered with a rich carpet, and illuminated by four tapers; the allegorical figures of the provinces which they governed; or the appellations and standards of the troops whom they commanded. Some of these official ensigns were really exhibited in their hall of audience; others preceded their pompous march whenever they appeared in public; and every circumstance of their demeanor, their dress, their ornaments, and their train, was calculated to inspire a deep reverence for the representatives of supreme majesty. By a philosophic observer, the system of the Roman government might have been mistaken for a splendid theatre, filled with players of every character and degree, who repeated the language, and imitated the passions, of their original model. 76
罗马人素有大丈夫的骄矜,满足于实实在在的权力,至于那些炫耀伟大的排场与虚礼,则一概让给爱慕虚荣的东方去讲究。73 然而,一旦连他们从古老自由中承袭下来的那点德性也荡然无存、连其表象都不复可见,罗马人质朴的风习便在亚洲宫廷那套矜庄造作的熏染下,不知不觉地败坏了。个人的才德与声望,在共和之世何等昭彰,到君主治下却又何等微弱晦暗;如今连这点分别也被诸帝的专制一笔勾销,代之以森严的品秩尊卑:上自列坐御阶之侧、徒挂虚衔的奴仆,下至供专断之权驱使的卑贱爪牙,等级层层,秩序井然。这一大群卑屈的依附者,唯恐一旦变天,既葬送了自己的指望,又断绝了效劳应得的酬报,因而人人都甘心拥护现行的朝廷。在这套所谓的“神圣品级”里(时人往往如此称呼),每一等级都划分得一丝不苟,其尊卑体统则借助种种琐屑而庄严的礼仪来彰显——这些礼节须得潜心研习,稍有疏忽便形同亵渎。74 拉丁语的纯净也遭到糟蹋:在骄矜与谄媚的往来应酬中,人们堆砌起无数浮夸的尊称,这些字眼西塞罗见了几乎会不解其意,奥古斯都听了则要愤然拒斥。对帝国的重臣显宦,甚至连君主本人,也亲口奉上种种华而不实的尊称:您的“赤诚”、您的“庄重”、您的“卓越”、您的“尊荣”、您的“崇高而奇伟的宏量”、您的“显赫而壮丽的尊崇”。75 他们任职的委任诏书,也别出心裁地饰以种种徽记,务求最能显明该职的性质与崇高的体面:当朝皇帝的圣容画像;一辆凯旋战车;铺着华毯的案几上摊开的诏令之书,四支烛台环照其侧;他们所辖行省的寓意人像;或是他们所统军队的番号与旗号。这些职守的标记,有的当真陈设在他们的接见大厅里,有的则每逢他们公开露面招摇过市,便充作前导;而他们的举止、衣饰、佩物、扈从,无一处不是精心安排,好教人对这些至尊威严的化身生出深深的敬畏。在善于思索的旁观者眼中,罗马的整套政制简直会被误认作一座华丽的戏台:台上角色高低不等、行当各异,人人念着蓝本的台词,摹拟着蓝本的悲欢。76
All the magistrates of sufficient importance to find a place in the general state of the empire, were accurately divided into three classes. 1. The Illustrious. 2. The Spectabiles, or Respectable. And, 3. the Clarissimi; whom we may translate by the word Honorable. In the times of Roman simplicity, the last-mentioned epithet was used only as a vague expression of deference, till it became at length the peculiar and appropriated title of all who were members of the senate, 77 and consequently of all who, from that venerable body, were selected to govern the provinces. The vanity of those who, from their rank and office, might claim a superior distinction above the rest of the senatorial order, was long afterwards indulged with the new appellation of Respectable; but the title of Illustrious was always reserved to some eminent personages who were obeyed or reverenced by the two subordinate classes. It was communicated only, I. To the consuls and patricians; II. To the Prætorian præfects, with the præfects of Rome and Constantinople; III. To the masters-general of the cavalry and the infantry; and IV. To the seven ministers of the palace, who exercised their sacred functions about the person of the emperor. 78 Among those illustrious magistrates who were esteemed coordinate with each other, the seniority of appointment gave place to the union of dignities. 79 By the expedient of honorary codicils, the emperors, who were fond of multiplying their favors, might sometimes gratify the vanity, though not the ambition, of impatient courtiers. 80
帝国凡有足够分量、得以列入朝廷职官总表的官员,都精确地划分为三个等级:其一为“显赫者”(Illustrious);其二为 Spectabiles,即“可敬者”;其三为 Clarissimi,我们不妨译作“尊荣者”。在罗马风气尚且质朴的年月,末一称号原不过是泛泛的敬语;后来才渐渐成为凡属元老院议员者专有的头衔,77 于是也成了从这个可敬团体中遴选出来、外放治理各行省者的头衔。又过了许久,另有一些人凭品级与职位,自认高出元老阶层的其余人一等,“可敬者”这一新称号便用来满足他们的虚荣;而“显赫者”的头衔,则始终留给少数显要人物——下面两个等级对他们无不服从、敬重。此衔仅授予以下诸人:一、执政官与贵族;二、禁卫军长官,以及罗马与君士坦丁堡的城市长官;三、骑兵统帅与步兵统帅;四、宫廷七大臣,即在皇帝身边执掌那些“神圣”职务者。78 这些显赫大员彼此平级,其间的位次不再取决于到任的先后,而取决于兼领尊衔的多寡。79 诸帝素喜广施恩宠,每借荣衔委任状,聊以满足那些急不可耐的廷臣的虚荣心——尽管满足不了他们的野心。80
I. As long as the Roman consuls were the first magistrates of a free state, they derived their right to power from the choice of the people. As long as the emperors condescended to disguise the servitude which they imposed, the consuls were still elected by the real or apparent suffrage of the senate. From the reign of Diocletian, even these vestiges of liberty were abolished, and the successful candidates who were invested with the annual honors of the consulship, affected to deplore the humiliating condition of their predecessors. The Scipios and the Catos had been reduced to solicit the votes of plebeians, to pass through the tedious and expensive forms of a popular election, and to expose their dignity to the shame of a public refusal; while their own happier fate had reserved them for an age and government in which the rewards of virtue were assigned by the unerring wisdom of a gracious sovereign. 81 In the epistles which the emperor addressed to the two consuls elect, it was declared, that they were created by his sole authority. 82 Their names and portraits, engraved on gilt tables of ivory, were dispersed over the empire as presents to the provinces, the cities, the magistrates, the senate, and the people. 83 Their solemn inauguration was performed at the place of the Imperial residence; and during a period of one hundred and twenty years, Rome was constantly deprived of the presence of her ancient magistrates. 84
一、当罗马执政官还是自由邦国的首席长官时,他们的权力来自人民的推举。后来诸帝虽已把奴役强加于人,却还肯屈尊稍加掩饰,那时执政官仍须经元老院或真或假的表决选出。可是自戴克里先在位起,连这点自由的残迹也被一扫而空;那些当选、受任一年一度执政官荣衔的人,反倒装模作样,为前辈当年的屈辱处境唏嘘。想当年,西庇阿、加图这等人物,尚且不得不向平民乞讨选票,走完那套冗长而破费的民选过场,还得让自己的尊严冒着当众落选、颜面扫地的风险;而这些后来者却时运更佳,恰逢这样一个时代、这样一个朝廷:德行的酬报,全凭一位仁慈君主毫无差错的睿智来分派。81 皇帝致两位候任执政官的诏书中明白宣示:他们的执政官之位,全出自皇帝一人的授予。82 他们的姓名与画像,镌刻在镀金的象牙板上,作为礼物遍传帝国各处——赠予各行省、各城市、各级官员、元老院与人民。83 他们隆重的就职典礼在皇帝驻跸之地举行;于是在长达一百二十年的岁月里,罗马始终见不到她这些古老长官的身影。84
Montfaucon has represented some of these tablets or dypticks see Supplement à l’Antiquité expliquée, tom. iii. p. 220.]
蒙福孔曾摹绘过其中若干这类板片,或称双联版,参见 Supplement à l’Antiquité expliquée, tom. iii. p. 220。]
Consule lætatur post plurima seculo viso Pallanteus apex: agnoscunt rostra curules Auditas quondam proavis: desuetaque cingit Regius auratis Fora fascibus Ulpia lictor. —Claud. in vi. Cons. Honorii, 643. From the reign of Carus to the sixth consulship of Honorius, there was an interval of one hundred and twenty years, during which the emperors were always absent from Rome on the first day of January. See the Chronologie de Tillemonte, tom. iii. iv. and v.]
(此系克劳狄安的诗句)Consule lætatur post plurima seculo viso Pallanteus apex: agnoscunt rostra curules Auditas quondam proavis: desuetaque cingit Regius auratis Fora fascibus Ulpia lictor. —Claud. in vi. Cons. Honorii, 643. 其大意为:帕拉丁山头阔别执政官已久,如今终又亲见其莅临而欢欣鼓舞;广场上的讲坛,重新辨认出那早年先祖曾经聆听过的库鲁勒座椅之声;久已废弛的旧仪重又恢复,御用的扈从再度手执金光闪闪的束棒,环卫着乌尔皮乌斯广场。谨按:自卡鲁斯在位之时,直到霍诺留第六次出任执政官,其间整整相隔一百二十年;在这漫长的岁月里,每逢一月一日,历代皇帝无一例外都身在罗马城外,不曾亲临。参见 Chronologie de Tillemonte, tom. iii. iv. and v.。]
On the morning of the first of January, the consuls assumed the ensigns of their dignity. Their dress was a robe of purple, embroidered in silk and gold, and sometimes ornamented with costly gems. 85 On this solemn occasion they were attended by the most eminent officers of the state and army, in the habit of senators; and the useless fasces, armed with the once formidable axes, were borne before them by the lictors. The procession moved from the palace 87 to the Forum or principal square of the city; where the consuls ascended their tribunal, and seated themselves in the curule chairs, which were framed after the fashion of ancient times. They immediately exercised an act of jurisdiction, by the manumission of a slave, who was brought before them for that purpose; and the ceremony was intended to represent the celebrated action of the elder Brutus, the author of liberty and of the consulship, when he admitted among his fellow-citizens the faithful Vindex, who had revealed the conspiracy of the Tarquins. 88 The public festival was continued during several days in all the principal cities in Rome, from custom; in Constantinople, from imitation in Carthage, Antioch, and Alexandria, from the love of pleasure, and the superfluity of wealth. 89 In the two capitals of the empire the annual games of the theatre, the circus, and the amphitheatre, 90 cost four thousand pounds of gold, (about) one hundred and sixty thousand pounds sterling: and if so heavy an expense surpassed the faculties or the inclinations of the magistrates themselves, the sum was supplied from the Imperial treasury. 91 As soon as the consuls had discharged these customary duties, they were at liberty to retire into the shade of private life, and to enjoy, during the remainder of the year, the undisturbed contemplation of their own greatness. They no longer presided in the national councils; they no longer executed the resolutions of peace or war. Their abilities (unless they were employed in more effective offices) were of little moment; and their names served only as the legal date of the year in which they had filled the chair of Marius and of Cicero. Yet it was still felt and acknowledged, in the last period of Roman servitude, that this empty name might be compared, and even preferred, to the possession of substantial power. The title of consul was still the most splendid object of ambition, the noblest reward of virtue and loyalty. The emperors themselves, who disdained the faint shadow of the republic, were conscious that they acquired an additional splendor and majesty as often as they assumed the annual honors of the consular dignity. 92
一月一日的清晨,执政官便佩起标志其尊位的种种仪饰。他们身着紫袍,以丝线与金线绣成,有时还缀以贵重的珠宝。85 值此隆重之日,国中与军中最显赫的官员皆以元老的装束随侍在侧;扈从们在前开道,手执那早已形同虚设、却仍缚着昔日令人生畏之斧钺的束棒。仪仗自皇宫出发,87 一路行至广场,也就是全城的中心广场;执政官在那里登上审判台,坐进那依古式打造的库鲁勒象牙交椅。他们随即行使一次审判之权:有人押来一名奴隶,当众予以释放。这一礼节意在重演老布鲁图斯当年那桩著名的义举——他是自由与执政官制度的开创者,曾将忠仆温迪克斯纳为同胞公民,只因此人告发了塔尔昆家族的阴谋。88 这场公众庆典要延续数日:在罗马,出于旧例;在君士坦丁堡,出于效尤;在迦太基、安条克与亚历山大里亚,则出于逐乐之心与财力之余裕。89 在帝国的两座都城里,每年剧场、赛车场与斗兽场的竞技90,耗资达四千磅黄金,约合十六万英镑;倘若如此沉重的花费超出了官员本人的财力或意愿,这笔款项便由皇帝的国库补足。91 执政官一旦履行完这些例行职责,便可随意退归私人生活的清荫之下,在这一年剩下的日子里,安安稳稳地玩味自身的显赫。他们不再主持国务会议,不再执掌和战的决断。他们的才干(除非另任更有实权的职务)已无足轻重;他们的名字,只不过用作纪年的法定标记,标明这一年里由何人坐上了马略与西塞罗当年坐过的执政官交椅。然而,即便在罗马沦为奴役的最后岁月,人们仍旧感到并且承认:这个空洞的名号足可与实权相提并论,甚至更胜一筹。执政官的头衔依然是最耀眼的野心所向,是德行与忠诚所能得到的最高褒奖。诸帝虽然瞧不起共和那点微茫的影子,却也心知肚明:每逢自己戴上这一年一度的执政官尊荣,便平添了一分光彩与威严。92
The proudest and most perfect separation which can be found in any age or country, between the nobles and the people, is perhaps that of the Patricians and the Plebeians, as it was established in the first age of the Roman republic. Wealth and honors, the offices of the state, and the ceremonies of religion, were almost exclusively possessed by the former who, preserving the purity of their blood with the most insulting jealousy, 93 held their clients in a condition of specious vassalage. But these distinctions, so incompatible with the spirit of a free people, were removed, after a long struggle, by the persevering efforts of the Tribunes. The most active and successful of the Plebeians accumulated wealth, aspired to honors, deserved triumphs, contracted alliances, and, after some generations, assumed the pride of ancient nobility. 94 The Patrician families, on the other hand, whose original number was never recruited till the end of the commonwealth, either failed in the ordinary course of nature, or were extinguished in so many foreign and domestic wars, or, through a want of merit or fortune, insensibly mingled with the mass of the people. 95 Very few remained who could derive their pure and genuine origin from the infancy of the city, or even from that of the republic, when Cæsar and Augustus, Claudius and Vespasian, created from the body of the senate a competent number of new Patrician families, in the hope of perpetuating an order, which was still considered as honorable and sacred. 96 But these artificial supplies (in which the reigning house was always included) were rapidly swept away by the rage of tyrants, by frequent revolutions, by the change of manners, and by the intermixture of nations. 97 Little more was left when Constantine ascended the throne, than a vague and imperfect tradition, that the Patricians had once been the first of the Romans. To form a body of nobles, whose influence may restrain, while it secures the authority of the monarch, would have been very inconsistent with the character and policy of Constantine; but had he seriously entertained such a design, it might have exceeded the measure of his power to ratify, by an arbitrary edict, an institution which must expect the sanction of time and of opinion. He revived, indeed, the title of Patricians, but he revived it as a personal, not as an hereditary distinction. They yielded only to the transient superiority of the annual consuls; but they enjoyed the pre-eminence over all the great officers of state, with the most familiar access to the person of the prince. This honorable rank was bestowed on them for life; and as they were usually favorites, and ministers who had grown old in the Imperial court, the true etymology of the word was perverted by ignorance and flattery; and the Patricians of Constantine were reverenced as the adopted Fathers of the emperor and the republic. 98
古往今来、任何国度所曾出现的贵族与平民之分,若论其森严与彻底,恐怕都比不上罗马共和初创之世确立的贵族与平民之别。财富、荣衔、国家的官职、宗教的礼仪,几乎全被贵族一手把持;他们以近乎凌人的猜忌来保持血统的纯净,93 又把依附于己的门客豢养门下,使其徒具臣属之名。然而这些分别与自由人民的精神格格不入,经过长久的争斗,终因保民官锲而不舍的努力而被革除。平民中最活跃、最得志的一批人积攒财富、觊觎荣衔、建功而配享凯旋、缔结姻亲,历经数代之后,竟也摆起了古老门第的架子。94 另一方面,贵族各家的原有数目直到共和终结都不曾增补,他们或依自然常理绝嗣,或在无数次对外与内战中湮灭,或因才德不足、时运不济,不知不觉便混入了平民的洪流。95 到头来,能把自己纯正真实的血脉一直上溯到建城之初、乃至共和之始的,已寥寥无几——正因如此,恺撒与奥古斯都、克劳狄乌斯与韦帕芗,才从元老院中拔擢出相当数量的新贵族门第,指望这个依然被视为荣耀而神圣的等级得以永续。96 可是这些人为填补的新血(其中总少不了当朝的皇室),又很快被暴君的狂怒、频仍的政变、风气的变迁与民族的混杂一扫而空。97 及至君士坦丁登基,所剩下的,不过是一点模糊残缺的传说,说贵族曾经是罗马人中的头等人物罢了。要建立一个既能约束、又能保障君主权威的贵族团体,本与君士坦丁的性情和方略大不相合;纵使他当真动过此念,单凭一纸独断的敕令,去确立一种本须仰赖时间与舆论认可的制度,恐怕也非其权力所能及。他确实重新起用了贵族(Patrician)这一称号,但只将它作为个人的、而非世袭的荣衔。他们仅让位于一年一任的执政官那转瞬即逝的尊崇,此外却凌驾于一切国家重臣之上,得以最亲近地趋侍君主左右。这一荣衔终身授予;而由于受封者通常是宠臣,是在宫廷中渐渐老去的大臣,这个词的本义遂因无知与谄媚而遭曲解——贵族一词本义原为“父老”,君士坦丁所封的贵族,竟被尊奉为皇帝与国家的义父。98
II. The fortunes of the Prætorian præfects were essentially different from those of the consuls and Patricians. The latter saw their ancient greatness evaporate in a vain title.
二、禁卫军长官的命运,与执政官和贵族大不相同。后两者眼看着自己昔日的显赫化作一个空洞的头衔,烟消云散。
The former, rising by degrees from the most humble condition, were invested with the civil and military administration of the Roman world. From the reign of Severus to that of Diocletian, the guards and the palace, the laws and the finances, the armies and the provinces, were intrusted to their superintending care; and, like the Viziers of the East, they held with one hand the seal, and with the other the standard, of the empire. The ambition of the præfects, always formidable, and sometimes fatal to the masters whom they served, was supported by the strength of the Prætorian bands; but after those haughty troops had been weakened by Diocletian, and finally suppressed by Constantine, the præfects, who survived their fall, were reduced without difficulty to the station of useful and obedient ministers. When they were no longer responsible for the safety of the emperor’s person, they resigned the jurisdiction which they had hitherto claimed and exercised over all the departments of the palace. They were deprived by Constantine of all military command, as soon as they had ceased to lead into the field, under their immediate orders, the flower of the Roman troops; and at length, by a singular revolution, the captains of the guards were transformed into the civil magistrates of the provinces. According to the plan of government instituted by Diocletian, the four princes had each their Prætorian præfect; and after the monarchy was once more united in the person of Constantine, he still continued to create the same number of Four Præfects, and intrusted to their care the same provinces which they already administered. 1. The præfect of the East stretched his ample jurisdiction into the three parts of the globe which were subject to the Romans, from the cataracts of the Nile to the banks of the Phasis, and from the mountains of Thrace to the frontiers of Persia. 2. The important provinces of Pannonia, Dacia, Macedonia, and Greece, once acknowledged the authority of the præfect of Illyricum. 3. The power of the præfect of Italy was not confined to the country from whence he derived his title; it extended over the additional territory of Rhætia as far as the banks of the Danube, over the dependent islands of the Mediterranean, and over that part of the continent of Africa which lies between the confines of Cyrene and those of Tingitania. 4. The præfect of the Gauls comprehended under that plural denomination the kindred provinces of Britain and Spain, and his authority was obeyed from the wall of Antoninus to the foot of Mount Atlas. 99
而禁卫军长官则不然:他们由最卑微的出身一步步爬升,终于总揽了罗马世界的军政大权。从塞维鲁到戴克里先,禁卫军与宫廷、法律与财政、军队与行省,无不托付给他们统辖照管;他们一如东方的维齐尔,一手握着帝国的印玺,一手擎着帝国的旗纛。长官们的野心一向可畏,有时甚至给他们所侍奉的主君招来杀身之祸,而支撑这野心的,正是禁卫军的实力。可是等到这支骄横的军队先被戴克里先削弱、终被君士坦丁彻底裁撤,那些侥幸熬过其覆灭的长官,便毫不费力地被降为有用而听话的大臣。既然不再对皇帝本人的安危负责,他们便放弃了对宫廷各部门的管辖权——这份权力,他们此前一直宣称并行使着。他们一旦不再亲自统率罗马军队的精锐出征,君士坦丁便剥夺了他们的一切兵权;到末了,经由一场奇特的变局,昔日的禁卫军统领竟摇身变作各行省的文职长官。按戴克里先所定的治国规划,四位君主各设一名禁卫军长官;待帝国重新统一于君士坦丁一人之手后,他仍旧照设四位长官之数,并把他们原已治理的那些行省依旧交其掌管。其一,东方长官辖境辽阔,深入罗马人所统治的三大洲:自尼罗河诸瀑布直到法西斯河畔,自色雷斯群山直到波斯边陲。其二,潘诺尼亚、达契亚、马其顿与希腊等重要行省,昔日皆听命于伊利里库姆长官。其三,意大利长官的权柄并不限于他借以得名的那片土地,还向外延伸到雷提亚一带、直抵多瑙河畔,涵盖地中海诸附属岛屿,以及非洲大陆上介于昔兰尼与廷吉塔纳两地边界之间的那一部分。其四,高卢长官——这一复数名称之下,还统辖与之同源的不列颠、西班牙诸行省——其号令所及,自安敦尼长城直到阿特拉斯山麓。99
After the Prætorian præfects had been dismissed from all military command, the civil functions which they were ordained to exercise over so many subject nations, were adequate to the ambition and abilities of the most consummate ministers. To their wisdom was committed the supreme administration of justice and of the finances, the two objects which, in a state of peace, comprehend almost all the respective duties of the sovereign and of the people; of the former, to protect the citizens who are obedient to the laws; of the latter, to contribute the share of their property which is required for the expenses of the state. The coin, the highways, the posts, the granaries, the manufactures, whatever could interest the public prosperity, was moderated by the authority of the Prætorian præfects. As the immediate representatives of the Imperial majesty, they were empowered to explain, to enforce, and on some occasions to modify, the general edicts by their discretionary proclamations. They watched over the conduct of the provincial governors, removed the negligent, and inflicted punishments on the guilty. From all the inferior jurisdictions, an appeal in every matter of importance, either civil or criminal, might be brought before the tribunal of the præfect; but his sentence was final and absolute; and the emperors themselves refused to admit any complaints against the judgment or the integrity of a magistrate whom they honored with such unbounded confidence. 100 His appointments were suitable to his dignity; 101 and if avarice was his ruling passion, he enjoyed frequent opportunities of collecting a rich harvest of fees, of presents, and of perquisites. Though the emperors no longer dreaded the ambition of their præfects, they were attentive to counterbalance the power of this great office by the uncertainty and shortness of its duration. 102
禁卫军长官虽被解除了一切兵权,但朝廷责成他们治理如此众多的臣属民族,单是这份民政职权,便足以施展最干练大臣的抱负与才具。司法与财政的最高管理都托付给他们的明断——这两桩事务,在太平之世几乎涵盖了君与民各自的全部本分:君之本分,在于保护守法的臣民;民之本分,在于缴纳国家开支所需的那一份产业。货币、驰道、驿传、粮仓、各类工场,凡关乎公众福祉之事,无不由禁卫军长官的权威加以调度。他们既是皇帝威严的直接代表,便有权凭自己斟酌颁布的告示,对普遍性的敕令加以阐释、执行,某些场合还可加以变通。他们监察各行省总督的作为,罢黜怠职者,惩处有罪者。一切下级法庭凡遇重大案件,无论民事刑事,都可上诉到长官的法庭;然而唯有他的判决才是终审而绝对的。诸帝对这样一位长官寄以无限的信任,凡有非议其裁断不公、操守不廉者,一概不予受理。100 他的俸给与其尊位相称;101 倘若贪婪是他的主导性情,那么收受规费、馈赠与额外进项、大发横财的机会,也层出不穷。诸帝虽已不再惧怕长官的野心,却仍留意以任期的短暂无定,来制衡这一显赫要职的权势。102
From their superior importance and dignity, Rome and Constantinople were alone excepted from the jurisdiction of the Prætorian præfects. The immense size of the city, and the experience of the tardy, ineffectual operation of the laws, had furnished the policy of Augustus with a specious pretence for introducing a new magistrate, who alone could restrain a servile and turbulent populace by the strong arm of arbitrary power. 103 Valerius Messalla was appointed the first præfect of Rome, that his reputation might countenance so invidious a measure; but, at the end of a few days, that accomplished citizen 104 resigned his office, declaring, with a spirit worthy of the friend of Brutus, that he found himself incapable of exercising a power incompatible with public freedom. 105 As the sense of liberty became less exquisite, the advantages of order were more clearly understood; and the præfect, who seemed to have been designed as a terror only to slaves and vagrants, was permitted to extend his civil and criminal jurisdiction over the equestrian and noble families of Rome. The prætors, annually created as the judges of law and equity, could not long dispute the possession of the Forum with a vigorous and permanent magistrate, who was usually admitted into the confidence of the prince. Their courts were deserted, their number, which had once fluctuated between twelve and eighteen, 106 was gradually reduced to two or three, and their important functions were confined to the expensive obligation 107 of exhibiting games for the amusement of the people. After the office of the Roman consuls had been changed into a vain pageant, which was rarely displayed in the capital, the præfects assumed their vacant place in the senate, and were soon acknowledged as the ordinary presidents of that venerable assembly. They received appeals from the distance of one hundred miles; and it was allowed as a principle of jurisprudence, that all municipal authority was derived from them alone. 108 In the discharge of his laborious employment, the governor of Rome was assisted by fifteen officers, some of whom had been originally his equals, or even his superiors. The principal departments were relative to the command of a numerous watch, established as a safeguard against fires, robberies, and nocturnal disorders; the custody and distribution of the public allowance of corn and provisions; the care of the port, of the aqueducts, of the common sewers, and of the navigation and bed of the Tyber; the inspection of the markets, the theatres, and of the private as well as the public works. Their vigilance insured the three principal objects of a regular police, safety, plenty, and cleanliness; and as a proof of the attention of government to preserve the splendor and ornaments of the capital, a particular inspector was appointed for the statues; the guardian, as it were, of that inanimate people, which, according to the extravagant computation of an old writer, was scarcely inferior in number to the living inhabitants of Rome. About thirty years after the foundation of Constantinople, a similar magistrate was created in that rising metropolis, for the same uses and with the same powers. A perfect equality was established between the dignity of the two municipal, and that of the four Prætorian præfects. 109
罗马与君士坦丁堡两城,因其地位与体面超乎寻常,独独不在禁卫军长官的管辖之内。罗马城幅员浩大,加之人们早已领教过法律运作的迟缓无力,这便给奥古斯都的权谋提供了一个冠冕堂皇的借口,去增设一位新的长官——唯有此人能以专断之权的铁腕,镇住那既卑顺又骚动的民众。103 他选中瓦莱里乌斯·梅萨拉出任首任罗马城市长官,指望借其声望给这桩招人非议的举措撑腰;不料这位才德兼备的公民104上任才几天便辞了职,并以无愧于布鲁图斯挚友的气概宣称:他自觉无力行使一种与公众自由势不两立的权力。105 后来人们对自由的感觉不再那么敏锐,倒是把秩序的好处看得更加分明;于是这位本似专为震慑奴隶与流浪者而设的长官,获准将其民事与刑事的管辖权,扩展到罗马的骑士与贵族门第之上。大法官每年选任,本是掌法律与衡平的裁判者,却终究争不过这样一位精力充沛、久任不替、又通常深得君主信任的长官,无从与之分据广场。他们的法庭门可罗雀,其人数一度在十二至十八之间上下浮动,106 如今渐渐减到两三人,其重要职权也只剩下一桩破费的差事107——为取悦民众而举办竞技。及至罗马执政官一职沦为一场空洞的排场、又难得在都城露面,城市长官便顶替了他们在元老院的空缺,不久即被公认为这一可敬集会的当然主席。距城百英里之内的上诉都归他们受理;而法理上有一条公认的原则:一切市政权力皆惟独源自他们。108 罗马城的这位主宰在履行其繁重职务时,另有十五名属官辅佐,其中有些人原先与他平级,甚至位在其上。这些部门主要掌理:统辖一支人数众多的巡夜队,以防范火灾、盗窃与夜间的骚乱;保管并分配公家配给的谷物与粮食;照管港口、引水渠、公共下水道,以及台伯河的通航与河床;督察各处市场、剧场,还有公私各项工程。他们的警觉保障了正规治安的三大要务:安全、充足与洁净。此外,为显示当局用心维护都城的壮丽与观瞻,还专门委任了一名雕像督察官,俨然是那一群没有生命的“居民”的守护者——照一位古代作家夸张的估算,这些雕像的数目,比起罗马活着的居民竟也相差无几。君士坦丁堡奠基约三十年后,这座新兴的大都会里也设立了一位类似的长官,职用相同,权力相当。于是两位市政长官的尊位,便与四位禁卫军长官的尊位完全等齐了。109
Notes 注释
73
Scilicet externæ superbiæ sueto, non inerat notitia nostri, (perhaps nostræ;) apud quos vis Imperii valet, inania transmittuntur. Tacit. Annal. xv. 31. The gradation from the style of freedom and simplicity, to that of form and servitude, may be traced in the Epistles of Cicero, of Pliny, and of Symmachus.
Scilicet externæ superbiæ sueto, non inerat notitia nostri,(或作 nostræ;)apud quos vis Imperii valet, inania transmittuntur. 塔西佗《编年史》第十五卷第31节。从自由质朴的文风,逐步演变为繁文缛节、卑屈谄媚的文风,其间的层层递变,可在西塞罗、普林尼与叙马库斯的书信集中寻得其迹。
74
The emperor Gratian, after confirming a law of precedency published by Valentinian, the father of his Divinity, thus continues: Siquis igitur indebitum sibi locum usurpaverit, nulla se ignoratione defendat; sitque plane sacrilegii reus, qui divina præcepta neglexerit. Cod. Theod. l. vi. tit. v. leg. 2.
格拉提安皇帝在确认其“神圣陛下”之父瓦伦提尼安所颁的一项位次法之后,接着写道:Siquis igitur indebitum sibi locum usurpaverit, nulla se ignoratione defendat; sitque plane sacrilegii reus, qui divina præcepta neglexerit.(大意:凡僭据不属于自己之位次者,不得以不知为托辞开脱;轻忽此等神圣敕令者,明属亵渎之罪。)Cod. Theod. l. vi. tit. v. leg. 2。
75
Consult the Notitia Dignitatum at the end of the Theodosian code, tom. vi. p. 316. * Note: Constantin, qui remplaca le grand Patriciat par une noblesse titree et qui changea avec d’autres institutions la nature de la societe Latine, est le veritable fondateur de la royaute moderne, dans ce quelle conserva de Romain. Chateaubriand, Etud. Histor. Preface, i. 151. Manso, (Leben Constantins des Grossen,) p. 153, &c., has given a lucid view of the dignities and duties of the officers in the Imperial court.—M.
参阅《狄奥多西法典》卷末的 Notitia Dignitatum(《百官志》),tom. vi. p. 316。* 编者按:Constantin, qui remplaca le grand Patriciat par une noblesse titree et qui changea avec d’autres institutions la nature de la societe Latine, est le veritable fondateur de la royaute moderne, dans ce quelle conserva de Romain.(夏多布里昂语,意谓:君士坦丁以有封号的贵族取代了古老的贵族制,又连同其他制度一并改变了拉丁社会的性质;就近代王权所保留的罗马成分而言,他才是真正的奠基者。)Chateaubriand, Etud. Histor. Preface, i. 151。曼索(Leben Constantins des Grossen)第153页以下,对帝国宫廷官员的品秩与职守作了清晰的叙述。—M。
76
Pancirolus ad Notitiam utriusque Imperii, p. 39. But his explanations are obscure, and he does not sufficiently distinguish the painted emblems from the effective ensigns of office.
潘奇罗卢斯 ad Notitiam utriusque Imperii, p. 39。惟其解说晦涩,未能把绘制的徽记与实际的职务标志充分区分开来。
77
In the Pandects, which may be referred to the reigns of the Antonines, Clarissimus is the ordinary and legal title of a senator.
在《学说汇纂》(其成书可归于安敦尼诸帝之世)中,Clarissimus(尊荣者)是元老通常而合法的头衔。
78
Pancirol. p. 12-17. I have not taken any notice of the two inferior ranks, Prefectissimus and Egregius, which were given to many persons who were not raised to the senatorial dignity.
潘奇罗卢斯,第12—17页。我未曾提及两个较低的等级——Prefectissimus 与 Egregius——这两个衔号授予了许多并未跻身元老之列的人。
79
Cod. Theodos. l. vi. tit. vi. The rules of precedency are ascertained with the most minute accuracy by the emperors, and illustrated with equal prolixity by their learned interpreter.
Cod. Theodos. l. vi. tit. vi。位次的规则经诸帝以最细致的精确加以厘定,又经其博学的注释者以同等冗长的笔墨加以阐发。
80
Cod. Theodos. l. vi. tit. xxii.
Cod. Theodos. l. vi. tit. xxii。
81
Ausonius (in Gratiarum Actione) basely expatiates on this unworthy topic, which is managed by Mamertinus (Panegyr. Vet. xi. [x.] 16, 19) with somewhat more freedom and ingenuity.
奥索尼乌斯(见《谢恩辞》Gratiarum Actio)卑躬屈膝地大肆铺陈这一不堪的话题;马梅尔提努斯(Panegyr. Vet. xi. [x.] 16, 19)处理同一题目时,则多少显得更为自如而机巧。
82
Cum de Consulibus in annum creandis, solus mecum volutarem.... te Consulem et designavi, et declaravi, et priorem nuncupavi; are some of the expressions employed by the emperor Gratian to his preceptor, the poet Ausonius.
Cum de Consulibus in annum creandis, solus mecum volutarem.... te Consulem et designavi, et declaravi, et priorem nuncupavi;——这是格拉提安皇帝对其师、诗人奥索尼乌斯所用的一些措辞。
83
Immanesque... dentes Qui secti ferro in tabulas auroque micantes, Inscripti rutilum cœlato Consule nomen Per proceres et vulgus eant. —Claud. in ii. Cons. Stilichon. 456.
Immanesque... dentes Qui secti ferro in tabulas auroque micantes, Inscripti rutilum cœlato Consule nomen Per proceres et vulgus eant. —Claud. in ii. Cons. Stilichon. 456.(克劳狄安诗句,咏巨象之牙被铁器剖切、制成闪耀金光的板片,其上镌刻着执政官的赤金之名,遍传于显贵与平民之间。)
84
85
See Claudian in Cons. Prob. et Olybrii, 178, &c.; and in iv. Cons. Honorii, 585, &c.; though in the latter it is not easy to separate the ornaments of the emperor from those of the consul. Ausonius received from the liberality of Gratian a vestis palmata, or robe of state, in which the figure of the emperor Constantius was embroidered. Cernis et armorum proceres legumque potentes: Patricios sumunt habitus; et more Gabino Discolor incedit legio, positisque parumper Bellorum signis, sequitur vexilla Quirini. Lictori cedunt aquilæ, ridetque togatus Miles, et in mediis effulget curia castris. —Claud. in iv. Cons. Honorii, 5. —strictaque procul radiare secures. —In Cons. Prob. 229
见克劳狄安 Cons. Prob. et Olybrii, 178, &c.; 及 iv. Cons. Honorii, 585, &c.; 惟后一篇中,皇帝的服饰与执政官的服饰不易分辨。奥索尼乌斯蒙格拉提安慷慨赐予一件 vestis palmata,即礼袍,其上绣有君士坦提乌斯皇帝之像。Cernis et armorum proceres legumque potentes: Patricios sumunt habitus; et more Gabino Discolor incedit legio, positisque parumper Bellorum signis, sequitur vexilla Quirini. Lictori cedunt aquilæ, ridetque togatus Miles, et in mediis effulget curia castris. —Claud. in iv. Cons. Honorii, 5. —strictaque procul radiare secures. —In Cons. Prob. 229.
87
See Valesius ad Ammian. Marcellin. l. xxii. c. 7.
参见瓦莱修斯对阿米阿努斯·马尔切利努斯(第二十二卷第七章)所作的笺注。
88
Auspice mox læto sonuit clamore tribunal; Te fastos ineunte quater; solemnia ludit Omina libertas; deductum Vindice morem Lex servat, famulusque jugo laxatus herili Ducitur, et grato remeat securior ictu. —Claud. in iv Cons. Honorii, 611
Auspice mox læto sonuit clamore tribunal; Te fastos ineunte quater; solemnia ludit Omina libertas; deductum Vindice morem Lex servat, famulusque jugo laxatus herili Ducitur, et grato remeat securior ictu. —Claud. in iv Cons. Honorii, 611.(克劳狄安诗句,咏执政官就任之日,法律仍守着温迪克斯传下的旧礼:奴隶卸去主人的枷轭,被牵引上前,欣然承受那一记使他获得自由的轻击。)
89
Celebrant quidem solemnes istos dies omnes ubique urbes quæ sub legibus agunt; et Roma de more, et Constantinopolis de imitatione, et Antiochia pro luxu, et discincta Carthago, et domus fluminis Alexandria, sed Treviri Principis beneficio. Ausonius in Grat. Actione.
Celebrant quidem solemnes istos dies omnes ubique urbes quæ sub legibus agunt; et Roma de more, et Constantinopolis de imitatione, et Antiochia pro luxu, et discincta Carthago, et domus fluminis Alexandria, sed Treviri Principis beneficio. Ausonius in Grat. Actione.(奥索尼乌斯《谢恩辞》:凡受罗马法度管辖的城市,无不庆贺这些节日——罗马循例而庆,君士坦丁堡效尤而庆,安条克为逞奢华,慵散的迦太基与临河之城亚历山大里亚亦各有其由,至于特里尔,则赖皇帝的恩典而得与庆。)
90
Claudian (in Cons. Mall. Theodori, 279-331) describes, in a lively and fanciful manner, the various games of the circus, the theatre, and the amphitheatre, exhibited by the new consul. The sanguinary combats of gladiators had already been prohibited.
克劳狄安(Cons. Mall. Theodori, 279—331)以生动奇诡的笔调,描绘了新任执政官所举办的赛车场、剧场与斗兽场的种种竞技。此时血腥的角斗士搏杀已遭禁止。
91
Procopius in Hist. Arcana, c. 26.
普罗柯比《秘史》(Historia Arcana)第二十六章。
92
In Consulatu honos sine labore suscipitur. (Mamertin. in Panegyr. Vet. xi. [x.] 2.) This exalted idea of the consulship is borrowed from an oration (iii. p. 107) pronounced by Julian in the servile court of Constantius. See the Abbé de la Bleterie, (Mémoires de l’Académie, tom. xxiv. p. 289,) who delights to pursue the vestiges of the old constitution, and who sometimes finds them in his copious fancy
In Consulatu honos sine labore suscipitur.(马梅尔提努斯,Panegyr. Vet. xi. [x.] 2)此种对执政官职的崇高观念,借自尤利安在君士坦提乌斯谄媚的宫廷中所作的一篇演说(第三篇,第107页)。参见布莱特里神父(Mémoires de l’Académie, tom. xxiv. p. 289),他乐于追寻古制的遗迹,有时竟凭其丰富的想象而寻得。
93
Intermarriages between the Patricians and Plebeians were prohibited by the laws of the XII Tables; and the uniform operations of human nature may attest that the custom survived the law. See in Livy (iv. 1-6) the pride of family urged by the consul, and the rights of mankind asserted by the tribune Canuleius.
《十二铜表法》曾禁止贵族与平民通婚;而人性一贯的作用足以证明,此种习俗在法律废止之后仍长久沿袭。见李维(第四卷第1—6章)所载:执政官力陈门第之骄,保民官卡努莱乌斯则申张人类的权利。
94
See the animated picture drawn by Sallust, in the Jugurthine war, of the pride of the nobles, and even of the virtuous Metellus, who was unable to brook the idea that the honor of the consulship should be bestowed on the obscure merit of his lieutenant Marius. (c. 64.) Two hundred years before, the race of the Metelli themselves were confounded among the Plebeians of Rome; and from the etymology of their name of Cæcilius, there is reason to believe that those haughty nobles derived their origin from a sutler.
撒路斯提乌斯在《朱古达战争》中,生动地描绘了贵族——乃至贤德的梅特卢斯——的骄矜:梅特卢斯竟无法容忍这样的念头,即让执政官的荣誉授予其副将马略那默默无闻的功绩(第64章)。而在此前两百年,梅特卢斯家族自身尚且混迹于罗马平民之中;从他们 Cæcilius 这一姓氏的语源来看,有理由相信,这些高傲的贵族,其血脉其实源出一名随军小贩。
95
In the year of Rome 800, very few remained, not only of the old Patrician families, but even of those which had been created by Cæsar and Augustus. (Tacit. Annal. xi. 25.) The family of Scaurus (a branch of the Patrician Æmilii) was degraded so low that his father, who exercised the trade of a charcoal merchant, left him only teu slaves, and somewhat less than three hundred pounds sterling. (Valerius Maximus, l. iv. c. 4, n. 11. Aurel. Victor in Scauro.) The family was saved from oblivion by the merit of the son.
到罗马纪元800年,不但古老的贵族门第所剩无几,就连恺撒与奥古斯都所册封的那些贵族之家也几乎荡然无存(Tacit. Annal. xi. 25)。斯考鲁斯一家(贵族埃米利乌斯家族的一支)竟沦落到这般地步:其父以炭商为业,死后只给他留下十名奴隶,以及不足三百英镑的家产(Valerius Maximus, l. iv. c. 4, n. 11。Aurel. Victor in Scauro)。这个家族全靠儿子的才德才免于湮没。
96
Tacit. Annal. xi. 25. Dion Cassius, l. iii. p. 698. The virtues of Agricola, who was created a Patrician by the emperor Vespasian, reflected honor on that ancient order; but his ancestors had not any claim beyond an Equestrian nobility.
Tacit. Annal. xi. 25。Dion Cassius, l. iii. p. 698。阿古利可拉由韦帕芗皇帝擢为贵族,其德行为这一古老的等级增光;然而他的祖先,除骑士门第之外别无更高的身份可言。
97
This failure would have been almost impossible if it were true, as Casaubon compels Aurelius Victor to affirm (ad Sueton, in Cæsar v. 24. See Hist. August p. 203 and Casaubon Comment., p. 220) that Vespasian created at once a thousand Patrician families. But this extravagant number is too much even for the whole Senatorial order. unless we should include all the Roman knights who were distinguished by the permission of wearing the laticlave.
倘若卡索邦硬要奥勒留·维克托断言之说果真属实——即韦帕芗一举册封了一千个贵族家族(ad Sueton. in Cæsar v. 24。参见 Hist. August. p. 203 及 Casaubon Comment., p. 220)——那么上述贵族的绝迹几乎就无从发生了。可是这一夸张的数字,即便用来指整个元老阶层也嫌太多,除非把所有获准佩戴宽紫条章(laticlave)的罗马骑士都算在内。
98
Zosimus, l. ii. p. 118; and Godefroy ad Cod. Theodos. l. vi. tit. vi.
Zosimus, l. ii. p. 118;及戈德弗鲁瓦对 Cod. Theodos. l. vi. tit. vi. 所作的笺注。
99
Zosimus, l. ii. p. 109, 110. If we had not fortunately possessed this satisfactory account of the division of the power and provinces of the Prætorian præfects, we should frequently have been perplexed amidst the copious details of the Code, and the circumstantial minuteness of the Notitia.
Zosimus, l. ii. p. 109, 110。倘若我们不曾幸而拥有这份关于禁卫军长官权力与辖区划分的详实记述,那么面对《法典》繁富的细节与《百官志》(Notitia)事无巨细的记载,我们便会时时陷入困惑。
100
See a law of Constantine himself. A præfectis autem prætorio provocare, non sinimus. Cod. Justinian. l. vii. tit. lxii. leg. 19. Charisius, a lawyer of the time of Constantine, (Heinec. Hist. Romani, p. 349,) who admits this law as a fundamental principle of jurisprudence, compares the Prætorian præfects to the masters of the horse of the ancient dictators. Pandect. l. i. tit. xi.
参见君士坦丁本人的一条法律:A præfectis autem prætorio provocare, non sinimus.(“对禁卫军长官的裁决,不许上诉。”)Cod. Justinian. l. vii. tit. lxii. leg. 19。卡里西乌斯——君士坦丁时代的一位法学家(Heinec. Hist. Romani, p. 349)——把这条法律视为法理的一项根本原则,并将禁卫军长官比作古代独裁官的骑兵长官。Pandect. l. i. tit. xi。
101
When Justinian, in the exhausted condition of the empire, instituted a Prætorian præfect for Africa, he allowed him a salary of one hundred pounds of gold. Cod. Justinian. l. i. tit. xxvii. leg. i.
查士丁尼在帝国财力枯竭之际为阿非利加设立一名禁卫军长官,给他定的年俸是一百磅黄金。Cod. Justinian. l. i. tit. xxvii. leg. i。
102
For this, and the other dignities of the empire, it may be sufficient to refer to the ample commentaries of Pancirolus and Godefroy, who have diligently collected and accurately digested in their proper order all the legal and historical materials. From those authors, Dr. Howell (History of the World, vol. ii. p. 24-77) has deduced a very distinct abridgment of the state of the Roman empire
关于这一职位以及帝国其他各种尊位,只需参阅潘奇罗卢斯与戈德弗鲁瓦详尽的笺注即可——二人勤谨地搜罗了一切法律与历史材料,并按其条理精确地加以整理。豪厄尔博士即取材于此二家(History of the World, vol. ii. p. 24—77),对罗马帝国的政制作了一份极为清晰的提要。
103
Tacit. Annal. vi. 11. Euseb. in Chron. p. 155. Dion Cassius, in the oration of Mæcenas, (l. lvii. p. 675,) describes the prerogatives of the præfect of the city as they were established in his own time.
Tacit. Annal. vi. 11。Euseb. in Chron. p. 155。狄奥·卡西乌斯在梅塞纳斯的演说词中(第五十七卷第675页),描述了城市长官在其自己时代所确立的种种特权。
104
The fame of Messalla has been scarcely equal to his merit. In the earliest youth he was recommended by Cicero to the friendship of Brutus. He followed the standard of the republic till it was broken in the fields of Philippi; he then accepted and deserved the favor of the most moderate of the conquerors; and uniformly asserted his freedom and dignity in the court of Augustus. The triumph of Messalla was justified by the conquest of Aquitain. As an orator, he disputed the palm of eloquence with Cicero himself. Messalla cultivated every muse, and was the patron of every man of genius. He spent his evenings in philosophic conversation with Horace; assumed his place at table between Delia and Tibullus; and amused his leisure by encouraging the poetical talents of young Ovid.
梅萨拉的声名,几乎配不上他的才德。少年时,他便由西塞罗引荐,得与布鲁图斯相交。他追随共和的旗帜,直到它在腓立比的原野上折断;此后他接受了胜利者中最为宽厚一位的恩遇,也当得起这份恩遇;而在奥古斯都的宫廷里,他始终不失其自由与尊严。梅萨拉举行凯旋式,是以征服阿基坦的战功为凭的。作为演说家,他曾与西塞罗本人一争辩才的高下。梅萨拉遍事缪斯诸神,凡有才华之士无不受其庇护。他的夜晚在与贺拉斯的哲理清谈中度过;宴席之上,他的座位就在得利娅与提布卢斯之间;闲暇之际,他则以奖掖少年奥维德的诗才为乐。
105
Incivilem esse potestatem contestans, says the translator of Eusebius. Tacitus expresses the same idea in other words; quasi nescius exercendi.
优西比乌的译者写道:Incivilem esse potestatem contestans(意谓他声言此权与公民自由不相容)。塔西佗以另一种措辞表达了同一意思:quasi nescius exercendi(仿佛不谙如何行使一般)。
106
See Lipsius, Excursus D. ad 1 lib. Tacit. Annal.
参见利普修斯,Excursus D. ad 1 lib. Tacit. Annal.。
107
Heineccii. Element. Juris Civilis secund ordinem Pandect i. p. 70. See, likewise, Spanheim de Usu. Numismatum, tom. ii. dissertat. x. p. 119. In the year 450, Marcian published a law, that three citizens should be annually created Prætors of Constantinople by the choice of the senate, but with their own consent. Cod. Justinian. li. i. tit. xxxix. leg. 2.
Heineccii. Element. Juris Civilis secund. ordinem Pandect. i. p. 70。另可参见 Spanheim de Usu Numismatum, tom. ii. dissertat. x. p. 119。公元450年,马尔西安颁布了一项法律:每年由元老院选任三名公民为君士坦丁堡的大法官,但须经本人同意。Cod. Justinian. l. i. tit. xxxix. leg. 2。
108
Quidquid igitur intra urbem admittitur, ad P. U. videtur pertinere; sed et siquid intra contesimum milliarium. Ulpian in Pandect l. i. tit. xiii. n. 1. He proceeds to enumerate the various offices of the præfect, who, in the code of Justinian, (l. i. tit. xxxix. leg. 3,) is declared to precede and command all city magistrates sine injuria ac detrimento honoris alieni.
Quidquid igitur intra urbem admittitur, ad P. U. videtur pertinere; sed et siquid intra contesimum milliarium. Ulpian in Pandect. l. i. tit. xiii. n. 1。他接着列举了城市长官的种种职权;按《查士丁尼法典》(l. i. tit. xxxix. leg. 3)的规定,该长官位居并统辖一切城市官员,sine injuria ac detrimento honoris alieni(而不损及他人的荣誉)。
109
Besides our usual guides, we may observe that Felix Cantelorius has written a separate treatise, De Præfecto Urbis; and that many curious details concerning the police of Rome and Constantinople are contained in the fourteenth book of the Theodosian Code.
除通常所引诸家外,尚可注意:费利克斯·坎特洛里乌斯著有一部专论 De Præfecto Urbis(《论城市长官》);而关于罗马与君士坦丁堡治安的许多有趣细节,见于《狄奥多西法典》第十四卷。