Chapter XVII: Foundation Of Constantinople.—Part V. 第十七章 君士坦丁堡的奠基——第五节

The introduction of Barbarians into the Roman armies became every day more universal, more necessary, and more fatal. The most daring of the Scythians, of the Goths, and of the Germans, who delighted in war, and who found it more profitable to defend than to ravage the provinces, were enrolled, not only in the auxiliaries of their respective nations, but in the legions themselves, and among the most distinguished of the Palatine troops. As they freely mingled with the subjects of the empire, they gradually learned to despise their manners, and to imitate their arts. They abjured the implicit reverence which the pride of Rome had exacted from their ignorance, while they acquired the knowledge and possession of those advantages by which alone she supported her declining greatness. The Barbarian soldiers, who displayed any military talents, were advanced, without exception, to the most important commands; and the names of the tribunes, of the counts and dukes, and of the generals themselves, betray a foreign origin, which they no longer condescended to disguise. They were often intrusted with the conduct of a war against their countrymen; and though most of them preferred the ties of allegiance to those of blood, they did not always avoid the guilt, or at least the suspicion, of holding a treasonable correspondence with the enemy, of inviting his invasion, or of sparing his retreat. The camps and the palace of the son of Constantine were governed by the powerful faction of the Franks, who preserved the strictest connection with each other, and with their country, and who resented every personal affront as a national indignity. 140 When the tyrant Caligula was suspected of an intention to invest a very extraordinary candidate with the consular robes, the sacrilegious profanation would have scarcely excited less astonishment, if, instead of a horse, the noblest chieftain of Germany or Britain had been the object of his choice. The revolution of three centuries had produced so remarkable a change in the prejudices of the people, that, with the public approbation, Constantine showed his successors the example of bestowing the honors of the consulship on the Barbarians, who, by their merit and services, had deserved to be ranked among the first of the Romans. 141 But as these hardy veterans, who had been educated in the ignorance or contempt of the laws, were incapable of exercising any civil offices, the powers of the human mind were contracted by the irreconcilable separation of talents as well as of professions. The accomplished citizens of the Greek and Roman republics, whose characters could adapt themselves to the bar, the senate, the camp, or the schools, had learned to write, to speak, and to act with the same spirit, and with equal abilities.
罗马军中招纳蛮族,一天比一天普遍,一天比一天不可或缺,也一天比一天贻害深远。斯基泰人(Scythians)、哥特人、日耳曼人当中最勇悍好战之辈,眼见与其劫掠行省,不如守卫行省更有利可图,便纷纷投效:他们不仅充作本族的辅军,更编入军团正卒,跻身帕拉丁(Palatine)禁卫诸军中最出众的行列。他们与帝国臣民朝夕杂处,渐渐学会鄙薄臣民的习气,又摹仿臣民的技艺。从前蛮族懵懂无知,罗马凭一股骄矜,硬要他们俯首敬服;如今他们抛却了这份盲目的崇拜,同时又把那些长处学到了手、据为己有,而罗马日渐衰颓的国势,全靠这些长处才勉强撑持。凡蛮族士卒稍露军事才干者,无一例外,皆擢升至最紧要的统兵之职;无论军事保民官(tribuni),还是各级军事伯(comites)与督军(duces),乃至诸将本人,名字都泄露出异邦的出身,而他们也已不屑再加掩饰。朝廷常把讨伐其同胞的战事托付给他们;这些人多半重效忠之义而轻同族之情,可是与敌暗通款曲、引敌入寇、纵敌退走,这类罪过,他们有时也难免犯下,至少有时难逃嫌疑。君士坦丁(Constantine)之子的军营与宫廷,都操在势大的法兰克人一派手中:他们彼此声气相通,与故土也联络极紧,凡有一人受辱,他们便视为整个民族的耻辱。140当年暴君卡利古拉(Caligula)据说有意将执政官的礼袍加于一位极不寻常的候选者之身——倘若他看中的不是一匹马,而是日耳曼或不列颠最尊贵的酋长,这桩亵渎神圣的荒唐事,招来的惊骇恐怕也不见得会少些。经过三个世纪的变迁,世人的成见竟已大变:君士坦丁在公众的赞许之下,率先把执政官的荣衔授予蛮族,为后世君主立下先例;这些蛮族凭功勋与劳绩,原已配得上跻身罗马第一等人之列。141然而这些身经百战的老兵,自幼便不谙律法、甚而鄙视律法,无从担任任何文职;于是文武分途,不但行当截然分开,连才能也判然两分,再难兼于一身,人的心智也就随之收窄了。希腊与罗马共和时代那些多才多艺的公民则不然:他们的禀性既能适应法庭,也能适应元老院、军营与学府,无论下笔、开口还是行事,都秉持同一种气度,施展同等的才具。
IV. Besides the magistrates and generals, who at a distance from the court diffused their delegated authority over the provinces and armies, the emperor conferred the rank of Illustrious on seven of his more immediate servants, to whose fidelity he intrusted his safety, or his counsels, or his treasures. 1. The private apartments of the palace were governed by a favorite eunuch, who, in the language of that age, was styled the præpositus, or præfect of the sacred bed-chamber. His duty was to attend the emperor in his hours of state, or in those of amusement, and to perform about his person all those menial services, which can only derive their splendor from the influence of royalty. Under a prince who deserved to reign, the great chamberlain (for such we may call him) was a useful and humble domestic; but an artful domestic, who improves every occasion of unguarded confidence, will insensibly acquire over a feeble mind that ascendant which harsh wisdom and uncomplying virtue can seldom obtain. The degenerate grandsons of Theodosius, who were invisible to their subjects, and contemptible to their enemies, exalted the præfects of their bed-chamber above the heads of all the ministers of the palace; 142 and even his deputy, the first of the splendid train of slaves who waited in the presence, was thought worthy to rank before the respectable proconsuls of Greece or Asia. The jurisdiction of the chamberlain was acknowledged by the counts, or superintendents, who regulated the two important provinces of the magnificence of the wardrobe, and of the luxury of the Imperial table. 143 2. The principal administration of public affairs was committed to the diligence and abilities of the master of the offices. 144 He was the supreme magistrate of the palace, inspected the discipline of the civil and military schools, and received appeals from all parts of the empire, in the causes which related to that numerous army of privileged persons, who, as the servants of the court, had obtained for themselves and families a right to decline the authority of the ordinary judges. The correspondence between the prince and his subjects was managed by the four scrinia, or offices of this minister of state. The first was appropriated to memorials, the second to epistles, the third to petitions, and the fourth to papers and orders of a miscellaneous kind. Each of these was directed by an inferior master of respectable dignity, and the whole business was despatched by a hundred and forty-eight secretaries, chosen for the most part from the profession of the law, on account of the variety of abstracts of reports and references which frequently occurred in the exercise of their several functions. From a condescension, which in former ages would have been esteemed unworthy the Roman majesty, a particular secretary was allowed for the Greek language; and interpreters were appointed to receive the ambassadors of the Barbarians; but the department of foreign affairs, which constitutes so essential a part of modern policy, seldom diverted the attention of the master of the offices. His mind was more seriously engaged by the general direction of the posts and arsenals of the empire. There were thirty-four cities, fifteen in the East, and nineteen in the West, in which regular companies of workmen were perpetually employed in fabricating defensive armor, offensive weapons of all sorts, and military engines, which were deposited in the arsenals, and occasionally delivered for the service of the troops. 3. In the course of nine centuries, the office of quæstor had experienced a very singular revolution. In the infancy of Rome, two inferior magistrates were annually elected by the people, to relieve the consuls from the invidious management of the public treasure; 145 a similar assistant was granted to every proconsul, and to every prætor, who exercised a military or provincial command; with the extent of conquest, the two quæstors were gradually multiplied to the number of four, of eight, of twenty, and, for a short time, perhaps, of forty; 146 and the noblest citizens ambitiously solicited an office which gave them a seat in the senate, and a just hope of obtaining the honors of the republic. Whilst Augustus affected to maintain the freedom of election, he consented to accept the annual privilege of recommending, or rather indeed of nominating, a certain proportion of candidates; and it was his custom to select one of these distinguished youths, to read his orations or epistles in the assemblies of the senate. 147 The practice of Augustus was imitated by succeeding princes; the occasional commission was established as a permanent office; and the favored quæstor, assuming a new and more illustrious character, alone survived the suppression of his ancient and useless colleagues. 148 As the orations which he composed in the name of the emperor, 149 acquired the force, and, at length, the form, of absolute edicts, he was considered as the representative of the legislative power, the oracle of the council, and the original source of the civil jurisprudence. He was sometimes invited to take his seat in the supreme judicature of the Imperial consistory, with the Prætorian præfects, and the master of the offices; and he was frequently requested to resolve the doubts of inferior judges: but as he was not oppressed with a variety of subordinate business, his leisure and talents were employed to cultivate that dignified style of eloquence, which, in the corruption of taste and language, still preserves the majesty of the Roman laws. 150 In some respects, the office of the Imperial quæstor may be compared with that of a modern chancellor; but the use of a great seal, which seems to have been adopted by the illiterate barbarians, was never introduced to attest the public acts of the emperors. 4. The extraordinary title of count of the sacred largesses was bestowed on the treasurer-general of the revenue, with the intention perhaps of inculcating, that every payment flowed from the voluntary bounty of the monarch. To conceive the almost infinite detail of the annual and daily expense of the civil and military administration in every part of a great empire, would exceed the powers of the most vigorous imagination.
四、行政长官与将帅远离朝廷,代皇帝在各行省、各军中行使权力;除他们之外,皇帝还把“显赫(Illustrious)”(illustris)之衔授予七位身边近臣,深信他们忠诚,把自身的安危、机要或财货分别托付给他们。其一,宫中内寝由一位得宠的宦官掌管,此人依当时的称谓叫作 præpositus,即神圣寝宫总管。他的职责是在皇帝临朝理政或游宴取乐之时随侍左右,并在御前操办种种琐碎的近身服侍——这类活计,唯有沾了王权的光才显得体面。若君主本堪为治世之主,这位内廷总管(我们不妨如此称呼他)不过是个有用而卑微的家仆;可一个工于心计的家仆,每逢主上推心置腹、疏于防范,都善加利用,便会不知不觉地支配心志孱弱的君主;这样的支配力,逆耳的忠言与不肯逢迎的德行往往难以企及。狄奥多西(Theodosius)那几个不成器的孙辈,臣民见不到他们的面,敌人也瞧不起他们,竟把寝宫总管抬举到宫中一切大臣之上;142甚至连总管的副手,即侍立御前那一长列衣饰华丽的奴仆之首,论位次也够得上排在希腊、亚细亚两省那些位望“可敬”(spectabilis)的代执政官之前。总管的辖权,连那些“伯”(comites)、即监理官也一体承认:这些人分掌两桩要务,一在御用服饰之奢华,一在皇家御膳之丰盛。143其二,公务的枢要之责,交由“诸司大臣”(magister officiorum)凭其勤勉与才干去打理。144他是宫中至高的行政长官,稽察文武两班“卫队”(scholae)的纪律,并受理来自帝国各地的上诉——凡涉及那一大批享有特权者的讼案皆归他管;这些人身为宫廷仆役,为自己及家人挣得了不受寻常法官管辖的权利。君主与臣民之间的往来文书,由这位大臣属下的四个 scrinia(文书局)经办:第一局专司表章,第二局专司诏书,第三局专司陈情,第四局则处理杂项文牍与敕令。每局各由一位品秩较低、位列“可敬”的主管统领,全部事务则由一百四十八名书记官料理;他们各司其职时,常需缮制各式摘要、节略与引证,所以多半选自法律一行。有一桩迁就之举,若在往昔必被视作有失罗马的尊严:如今特许设一名专司希腊文的书记官,又委派通译接待蛮族使节;然而外交事务在近世政务中本是何等紧要的一环,当时却极少牵动诸司大臣的心神。真正令他费神的,是全帝国驿传与武库的总体调度。帝国有三十四座城市,东部十五座、西部十九座,其中常年雇有成班的工匠,专造各类护身甲胄、各式进攻兵器与军械,存入武库,遇需时便发付部队使用。其三,历经九百年,“财务官”(quæstor)一职有过极为奇特的沿革。罗马开国之初,民众每年推选两名下级官吏,为执政官分担经管国库这桩招人怨恨的差事;145凡握有军权或治理行省的代执政官与裁判官,也各配一名类似的助手。随着征服疆土日广,两名财务官渐次增至四名、八名、二十名,一度或许多达四十名;146最显赫的公民都汲汲于谋求此职,因为此职既能换来元老院的一席之地,又给人晋身共和国荣显的正当指望。奥古斯都表面上仍要维持选举的自由,却也同意接受一项特权:每年推荐一定名额的候选人,说是推荐,其实无异于指派;他还惯于从这些出众的青年中挑一人,在元老院集会上代读他的演说或书信。147历代君主承袭了奥古斯都这一做法,原本临时的差委演成了常设之职;那名受宠的财务官摇身一变,有了崭新而更为煊赫的身份,他那些古老无用的同僚尽遭裁撤,唯独他留存了下来。148他以皇帝名义草拟的演说,149先是取得了绝对敕令的效力,最终连形式也成了敕令,于是人们把他看作立法权的代表、御前会议的智囊,以及民法的本源。有时他会应召与禁卫军长官、诸司大臣一同列席帝国御前会议这一最高审判庭;下级法官遇有疑难,也每每请他裁夺;不过,他既不必为繁杂的下级庶务操劳,便能把闲暇与才具用来锤炼庄重的文辞;纵在趣味与语言俱已败坏的时代,这样的文辞仍守护着罗马法律的威严。150就某些方面而言,帝国财务官一职可与近世的大法官相比拟;只是罗马皇帝的公文法令从来不用大印钤盖为凭,用大印的,似乎反倒是不谙文墨的蛮族。其四,“圣库伯”(comes sacrarum largitionum)这一非同寻常的头衔,授予了总掌岁入的财赋大臣,其用意或许在于晓谕世人:每一笔支付,都出自君主自愿的恩赐。偌大一个帝国,各地文武行政每年每日的开支,细目几乎无穷无尽,要一一设想出来,纵是最雄健的想象力也力有不逮。
The actual account employed several hundred persons, distributed into eleven different offices, which were artfully contrived to examine and control their respective operations. The multitude of these agents had a natural tendency to increase; and it was more than once thought expedient to dismiss to their native homes the useless supernumeraries, who, deserting their honest labors, had pressed with too much eagerness into the lucrative profession of the finances. 151 Twenty-nine provincial receivers, of whom eighteen were honored with the title of count, corresponded with the treasurer; and he extended his jurisdiction over the mines from whence the precious metals were extracted, over the mints, in which they were converted into the current coin, and over the public treasuries of the most important cities, where they were deposited for the service of the state. The foreign trade of the empire was regulated by this minister, who directed likewise all the linen and woollen manufactures, in which the successive operations of spinning, weaving, and dyeing were executed, chiefly by women of a servile condition, for the use of the palace and army. Twenty-six of these institutions are enumerated in the West, where the arts had been more recently introduced, and a still larger proportion may be allowed for the industrious provinces of the East. 152 5. Besides the public revenue, which an absolute monarch might levy and expend according to his pleasure, the emperors, in the capacity of opulent citizens, possessed a very extensive property, which was administered by the count or treasurer of the private estate. Some part had perhaps been the ancient demesnes of kings and republics; some accessions might be derived from the families which were successively invested with the purple; but the most considerable portion flowed from the impure source of confiscations and forfeitures. The Imperial estates were scattered through the provinces, from Mauritania to Britain; but the rich and fertile soil of Cappadocia tempted the monarch to acquire in that country his fairest possessions, 153 and either Constantine or his successors embraced the occasion of justifying avarice by religious zeal. They suppressed the rich temple of Comana, where the high priest of the goddess of war supported the dignity of a sovereign prince; and they applied to their private use the consecrated lands, which were inhabited by six thousand subjects or slaves of the deity and her ministers. 154 But these were not the valuable inhabitants: the plains that stretch from the foot of Mount Argæus to the banks of the Sarus, bred a generous race of horses, renowned above all others in the ancient world for their majestic shape and incomparable swiftness. These sacred animals, destined for the service of the palace and the Imperial games, were protected by the laws from the profanation of a vulgar master. 155 The demesnes of Cappadocia were important enough to require the inspection of a count; 156 officers of an inferior rank were stationed in the other parts of the empire; and the deputies of the private, as well as those of the public, treasurer were maintained in the exercise of their independent functions, and encouraged to control the authority of the provincial magistrates. 157 6, 7. The chosen bands of cavalry and infantry, which guarded the person of the emperor, were under the immediate command of the two counts of the domestics. The whole number consisted of three thousand five hundred men, divided into seven schools, or troops, of five hundred each; and in the East, this honorable service was almost entirely appropriated to the Armenians. Whenever, on public ceremonies, they were drawn up in the courts and porticos of the palace, their lofty stature, silent order, and splendid arms of silver and gold, displayed a martial pomp not unworthy of the Roman majesty. 158 From the seven schools two companies of horse and foot were selected, of the protectors, whose advantageous station was the hope and reward of the most deserving soldiers. They mounted guard in the interior apartments, and were occasionally despatched into the provinces, to execute with celerity and vigor the orders of their master. 159 The counts of the domestics had succeeded to the office of the Prætorian præfects; like the præfects, they aspired from the service of the palace to the command of armies.
具体经办账目的有数百人,分属十一个机构;这些机构设置得颇费匠心,为的是彼此稽核、相互牵制。这类人员天然有膨胀之势;有些人抛下本分的营生,过分热切地挤进理财这一肥缺行当,当局不止一次觉得,把这些多余无用之人遣返原籍才是明智之举。151各行省共有二十九名征收官,其中十八人享有“伯”的头衔,都与财赋大臣互通文书;大臣的辖权还延及采掘贵金属的矿场、将其铸成流通钱币的铸币厂,以及各要害城市中储存钱币、以备国用的公库。帝国的对外贸易也归这位大臣节制,一应麻织、毛织的工场亦由他统管:其中纺、织、染诸道工序,多由身份低贱的妇女承担,所产供宫廷与军队之用。西部技艺传入较晚,见于记载的此类工场有二十六处;东部诸省素来勤于工织,其数目理当更多。152其五,除了专制君主可随意征敛、随意支用的公家岁入之外,皇帝以豪富公民的身份,还坐拥一份极为庞大的私产,由“私产伯”(comes rerum privatarum)、即皇室私产的司库经管。这份产业,一部分或许是历代君王与共和国的旧有采邑;一部分或得自历朝身披紫袍的皇族;而最可观的一部分,则源出没收与充公这一不洁的来路。皇室的田产散布各行省,从毛里塔尼亚(Mauritania)一直绵延到不列颠;而卡帕多西亚(Cappadocia)土壤肥沃丰饶,尤其撩动君主的贪念,使他在那里置下了最上等的产业,153君士坦丁或其继任者更趁机以宗教的热忱为贪婪张目。他们查封了科马纳(Comana)那座富庶的神庙,又把神庙的圣地据为己有。侍奉战争女神的大祭司,曾在这座神庙里维持着堪比君主的尊荣(Clarissimi);圣地上原本住着六千名属民或奴仆,都隶属于女神及其祭司。154但真正贵重的并非这些居民:自阿尔盖乌斯山(Argæus)麓一直伸展到萨鲁斯河(Sarus)畔的平原,养育着一种神骏的良马,以其雄伟的体态与无与伦比的迅捷,冠绝古代世界。这些“神圣的”牲畜,专供宫廷驱使及帝国竞技之用,受律法保护,不容凡庸的主人加以亵渎。155卡帕多西亚的这片采邑分量不轻,须专设一名“伯”加以督理;156帝国其余各地则驻有品秩较低的官员;私产与公库两方的属员,都各行其职、互不统属,朝廷还鼓励他们去牵制行省长官的权柄。157其六、其七,那支扈卫皇帝本人的精选骑步兵,直接听命于“两位侍卫伯”(comites domesticorum)。全军共三千五百人,分为七个“卫队”,每队五百;在东方,这份体面的差事几乎全数落在亚美尼亚人(Armenians)身上。每逢大典,他们在宫廷的庭院与柱廊间列队而立,身材魁伟,肃然无声,金银的甲仗光华夺目,那份威武的排场,足以与罗马的尊严相称。158又从这七个卫队中,遴选出骑、步两队“护卫官”(protectores):这一优渥的位置,是最有功勋的士卒所盼望、所应得的酬报。他们在内廷宿卫,间或奉遣分赴各行省,雷厉风行地执行主上的号令。159侍卫伯承接了昔日禁卫军长官的职任;和当年的禁卫军长官一样,他们也指望着由宫廷的差役晋身为统军的主帅。
The seven ministers of the palace 宫廷七大臣 THE SEVEN MINISTERS OF THE PALACE 宫廷七大臣 “…the emperor conferred the rank of Illustrious on seven of his more immediate servants, to whose fidelity he intrusted his safety, or his counsels, or his treasures.” 「……皇帝还把『显赫』(illustris)之衔授予七位身边近臣,深信他们忠诚,把自身的安危、机要或财货分别托付给他们。」 1 the PRÆFECT OF THE SACRED BED-CHAMBER 神圣寝宫总管 præpositus the private apartments of the palace were governed by a favorite eunuch — the great chamberlain, for such we may call him 宫中内寝由一位得宠的宦官掌管——这位内廷总管,我们不妨如此称呼他 even his deputy was thought worthy to rank before the respectable proconsuls of Greece or Asia 连他的副手,论位次也够得上排在位望「可敬」的希腊、亚细亚(行省)代执政官之前 the counts of the wardrobe and of the Imperial table acknowledged his jurisdiction 掌御用服饰与皇家御膳的两位「伯」,也一体承认他的辖权 an artful domestic, who improves every occasion of unguarded confidence, will insensibly acquire over a feeble mind that ascendant which harsh wisdom and uncomplying virtue can seldom obtain 一个工于心计的家仆,只要善于抓住主上疏于防范、推心置腹的每一个机会,便会不知不觉地 凌驾于一颗孱弱的心灵之上——这种支配力,是那些逆耳的忠言与不肯逢迎的德行所难以企及的 2 the MASTER OF THE OFFICES 诸司大臣 magister officiorum the supreme magistrate of the palace; the correspondence between the prince and his subjects was managed by four scrinia 宫中至高的行政长官;君主与臣民之间的往来文书,由四个文书局经办 a hundred and forty-eight secretaries, chosen for the most part from the profession of the law 一百四十八名书记官,多半出身法律一行 memorials 表章 epistles 诏书 petitions 陈情 miscellaneous 杂项 scrinia the arsenals: thirty-four cities, fifteen in the East and nineteen in the West, 武库:三十四座城市,东部十五座、西部十九座, where regular companies of workmen were perpetually employed in fabricating arms 常年雇有成班的工匠,专造各类兵器 3 the QUÆSTOR 财务官 quæstor in the course of nine centuries the office had experienced a very singular revolution 历经九百年,此职有过极为奇特的沿革 the representative of the legislative power, the oracle of the council, and the original source of the civil jurisprudence 立法权的代表、御前会议的智囊,以及民法的本源 in some respects his office may be compared with that of a modern chancellor 就某些方面而言,此职可与近世的大法官相比拟 4 the COUNT OF THE SACRED LARGESSES 圣库伯 comes sacrarum largitionum the treasurer-general of the revenue — with the intention perhaps of inculcating that every payment flowed from the voluntary bounty of the monarch 总掌岁入的财赋大臣——其用意或许在于晓谕世人: 每一笔支付都出自君主自愿的恩赐 eleven different offices of account; twenty-nine provincial receivers, of whom eighteen were honored with the title of count 十一个不同的核算机构;二十九名征收官,其中十八 人享有「伯」的头衔 the mines, the mints, the public treasuries; twenty-six linen and woollen institutions in the West 矿场、铸币厂与公库;西部二十六处麻织、毛织工场 THE PERSON OF THE EMPEROR 皇帝本人 seven of his more immediate servants, to whose fidelity he intrusted 七位更亲近的近臣:皇帝深信其忠诚,遂以自身的 his safety, or his counsels, or his treasures 安危、机要与财货相托 5 the COUNT OF THE PRIVATE ESTATE 私产伯 comes rerum privatarum the Imperial estates were scattered through the provinces, from Mauritania to Britain; the rich and fertile soil of Cappadocia held the monarch’s fairest possessions 皇室田产散布各行省,自毛里塔尼亚一直绵延到不列颠;卡帕多西亚土壤肥沃丰饶, 君主最上等的产业便置于此 either Constantine or his successors suppressed the rich temple of Comana, and applied to their private use the consecrated lands, inhabited by six thousand subjects or slaves 君士坦丁或其继任者查抄了科马纳那座富庶的神庙,把圣地据为己有——地上原住 着六千名属民或奴仆 the plains from the foot of Mount Argæus to the banks of the Sarus bred the sacred horses of the palace 自阿尔盖乌斯山麓伸展到萨鲁斯河畔的平原,养育着供宫廷驱使的「神圣」良马 6, 7 the TWO COUNTS OF THE DOMESTICS 两位侍卫伯 comites domesticorum the chosen bands of cavalry and infantry which guarded the person of the emperor: three thousand five hundred men, divided into seven schools, or troops, of five hundred each 扈卫皇帝本人的精选骑步兵:全军三千五百人,分为七个「卫队」,每队五百 each mark, one hundred men; in the East this honorable service 每点代表一百人;在东方,这份体面的差事 was almost entirely appropriated to the Armenians 几乎全数落在亚美尼亚人身上 from the seven schools two companies were selected, of the PROTECTORS — 又从这七个卫队中遴选出骑、步两队「护卫官」—— the hope and reward of the most deserving soldiers 最有功勋的士卒所盼望、所应得的酬报 Besides the magistrates and generals who at a distance from the court diffused their delegated authority over the provinces and armies, these seven exercised their sacred functions about the person of the emperor. 行政长官与将帅远在朝廷之外,把皇帝授予的权力施行于各行省与各军队;而这七位,则在皇帝身边执掌那些「神圣」的职务。
Fig. 17.8 — The seven ministers of the palace, to whose fidelity the emperor intrusted his safety, or his counsels, or his treasures — with the offices, secretaries, arsenals, and guards enumerated under each. 图17.8——宫廷七大臣:皇帝深信其忠诚,遂以自身的安危、机要与财货相托——各人名下的官署、书记、武库与卫队,图中一一列出。
The perpetual intercourse between the court and the provinces was facilitated by the construction of roads and the institution of posts. But these beneficial establishments were accidentally connected with a pernicious and intolerable abuse. Two or three hundred agents or messengers were employed, under the jurisdiction of the master of the offices, to announce the names of the annual consuls, and the edicts or victories of the emperors. They insensibly assumed the license of reporting whatever they could observe of the conduct either of magistrates or of private citizens; and were soon considered as the eyes of the monarch, 160 and the scourge of the people. Under the warm influence of a feeble reign, they multiplied to the incredible number of ten thousand, disdained the mild though frequent admonitions of the laws, and exercised in the profitable management of the posts a rapacious and insolent oppression. These official spies, who regularly corresponded with the palace, were encouraged by favor and reward, anxiously to watch the progress of every treasonable design, from the faint and latent symptoms of disaffection, to the actual preparation of an open revolt. Their careless or criminal violation of truth and justice was covered by the consecrated mask of zeal; and they might securely aim their poisoned arrows at the breast either of the guilty or the innocent, who had provoked their resentment, or refused to purchase their silence. A faithful subject, of Syria perhaps, or of Britain, was exposed to the danger, or at least to the dread, of being dragged in chains to the court of Milan or Constantinople, to defend his life and fortune against the malicious charge of these privileged informers. The ordinary administration was conducted by those methods which extreme necessity can alone palliate; and the defects of evidence were diligently supplied by the use of torture. 161
朝廷与各行省之间往来不绝,修筑道路、设置驿传,使之更为便利。可这些原本有益的设施,却偶然地与一桩贻害无穷、令人无法容忍的弊政纠缠在一起。有两三百名“事务官”(agentes in rebus)、即信使,隶属于诸司大臣麾下,原是奉命去通报每年新任执政官的姓名,以及皇帝的敕令与捷报。他们渐渐擅自揽下一项特权:凡官吏或平民的举动,只要落入他们眼中,便一概上报;不久,人们便把他们看作君主的耳目,160视为百姓的祸害。逢上懦弱之君当政,他们气焰愈炽,竟繁衍到一万之众,多得令人难以置信;对律法那些屡屡重申、却口气温和的告诫全不放在眼里,借着经管驿务之便,恣行贪婪骄横的欺压。这些官家的密探与宫廷定期通信,又有恩宠与赏赐相诱,便处心积虑地窥伺一切逆谋的动向:从隐而未发、微弱难辨的不满苗头,到公然举兵的实际筹备,每一步都紧盯不放。他们践踏真相与公道,或出于疏忽,或出于蓄意,却都戴上“忠君热忱”这副神圣的面具来遮掩;于是只要有人触怒了他们,或不肯花钱买他们缄口,无论此人有罪无辜,他们都可以有恃无恐地向他射出毒箭。一个忠顺的臣民,也许住在叙利亚,也许住在不列颠,随时都有危险,至少也终日惴惴不安:这些享有特权的告密者一旦恶意构陷,他便会被戴上镣铐,押往米兰或君士坦丁堡的朝廷,为身家性命当庭申辩。日常施政所用的,是唯有到了万不得已才情有可原的手段;证据不足之处,便孜孜不倦地用刑讯来填补。161
The deceitful and dangerous experiment of the criminal quæstion, as it is emphatically styled, was admitted, rather than approved, in the jurisprudence of the Romans. They applied this sanguinary mode of examination only to servile bodies, whose sufferings were seldom weighed by those haughty republicans in the scale of justice or humanity; but they would never consent to violate the sacred person of a citizen, till they possessed the clearest evidence of his guilt. 162 The annals of tyranny, from the reign of Tiberius to that of Domitian, circumstantially relate the executions of many innocent victims; but, as long as the faintest remembrance was kept alive of the national freedom and honor, the last hours of a Roman were secured from the danger of ignominions torture. 163 The conduct of the provincial magistrates was not, however, regulated by the practice of the city, or the strict maxims of the civilians. They found the use of torture established not only among the slaves of oriental despotism, but among the Macedonians, who obeyed a limited monarch; among the Rhodians, who flourished by the liberty of commerce; and even among the sage Athenians, who had asserted and adorned the dignity of human kind. 164 The acquiescence of the provincials encouraged their governors to acquire, or perhaps to usurp, a discretionary power of employing the rack, to extort from vagrants or plebeian criminals the confession of their guilt, till they insensibly proceeded to confound the distinction of rank, and to disregard the privileges of Roman citizens. The apprehensions of the subjects urged them to solicit, and the interest of the sovereign engaged him to grant, a variety of special exemptions, which tacitly allowed, and even authorized, the general use of torture. They protected all persons of illustrious or honorable rank, bishops and their presbyters, professors of the liberal arts, soldiers and their families, municipal officers, and their posterity to the third generation, and all children under the age of puberty. 165 But a fatal maxim was introduced into the new jurisprudence of the empire, that in the case of treason, which included every offence that the subtlety of lawyers could derive from a hostile intention towards the prince or republic, 166 all privileges were suspended, and all conditions were reduced to the same ignominious level. As the safety of the emperor was avowedly preferred to every consideration of justice or humanity, the dignity of age and the tenderness of youth were alike exposed to the most cruel tortures; and the terrors of a malicious information, which might select them as the accomplices, or even as the witnesses, perhaps, of an imaginary crime, perpetually hung over the heads of the principal citizens of the Roman world. 167
审理刑案时动用酷刑,罗马人郑重其事地称之为“拷问”(quæstio);这种手段既会蒙蔽真相,又十分危险,罗马法学对它与其说是认可,不如说只是姑且容忍。这种血腥的讯问方式,他们只施于奴隶之身;共和时代那些高傲的罗马人权衡公道与人道时,很少把奴隶的苦楚放上天平;然而,只要尚未握有最确凿的罪证,他们便断不肯让公民的神圣人身受此侵犯。162暴政的编年史里,从提比略(Tiberius)一朝直到图密善(Domitian)一朝,详详细细载录了众多无辜者遭处决的惨事;但只要世人对民族自由与荣誉还留着一丝记忆,罗马人到了临终之际,总归不至于蒙受屈辱的酷刑。163然而行省长官的做法,并不受都城成规、亦不受法学家谨严准则的约束。他们发现,动刑逼供之制不但通行于东方专制政体下的奴隶之间,也见于服从有限君权的马其顿人(Macedonians)、凭通商自由而繁盛的罗得岛人(Rhodians)之中;甚至睿智的雅典人(Athenians),这个曾经彰显人类尊严、为之增光的民族,也不例外。164行省百姓逆来顺受,总督们受此纵容,便取得了(或许该说是僭夺了)任意动用刑架的权力,用来从流民或平民罪犯口中逼出认罪之辞;久而久之,总督们竟不知不觉地混淆了尊卑之别,连罗马公民的特权也漠然不顾了。臣民惶惶不安,遂纷纷吁请;君主为自身利害计,也乐得应允:于是颁下种种特别豁免,而这些豁免暗中默许、甚至等于批准了刑讯的普遍施行。受豁免庇护的,有一切位在“显赫”或“尊荣”之列者,有主教及其长老,有文理诸艺的教授,有士兵及其家眷,有市政官吏及其下延三代的子孙,还有一切未及成年的孩童。165可是帝国的新法学里,却掺入了一条致命的准则:凡涉叛逆之罪,一切特权即刻中止,无论何等身份,都沦落到同样屈辱的地步。所谓叛逆,凡是律师凭其巧诈,能从对君主或国家的“敌意”中引申出来的罪行,一概包括在内。166既然当局公然把皇帝的安危凌驾于公道与人道的一切考量之上,那么年高者纵有尊严,年少者纵然稚弱,都一样可能遭受最残酷的刑讯;恶意告发随时可能把罗马世界的头等公民指为某桩子虚乌有之罪的同谋,甚或仅仅是见证,这种恐怖便长悬在他们的头顶之上。167
These evils, however terrible they may appear, were confined to the smaller number of Roman subjects, whose dangerous situation was in some degree compensated by the enjoyment of those advantages, either of nature or of fortune, which exposed them to the jealousy of the monarch. The obscure millions of a great empire have much less to dread from the cruelty than from the avarice of their masters, and their humble happiness is principally affected by the grievance of excessive taxes, which, gently pressing on the wealthy, descend with accelerated weight on the meaner and more indigent classes of society. An ingenious philosopher 168 has calculated the universal measure of the public impositions by the degrees of freedom and servitude; and ventures to assert, that, according to an invariable law of nature, it must always increase with the former, and diminish in a just proportion to the latter. But this reflection, which would tend to alleviate the miseries of despotism, is contradicted at least by the history of the Roman empire; which accuses the same princes of despoiling the senate of its authority, and the provinces of their wealth. Without abolishing all the various customs and duties on merchandises, which are imperceptibly discharged by the apparent choice of the purchaser, the policy of Constantine and his successors preferred a simple and direct mode of taxation, more congenial to the spirit of an arbitrary government. 169
这些祸害看上去虽然可怖,却只落在少数罗马臣民身上。他们享有天赋或际遇带来的种种优势,正因如此,才招来了君主的猜忌;不过处境虽险,有这些优势在身,多少也算得到了补偿。泱泱大国里千百万默默无闻的黎庶,怕主子残暴,远不如怕主子贪婪;他们那点卑微的幸福,最受赋税过重之害:赋税轻轻压在富人身上,往下落到社会中更卑贱、更贫困的阶层,却越落越重。有位睿智的哲人168曾根据自由与奴役的程度,推算出赋税轻重的普遍尺度,并且大胆断言:依照一条亘古不变的自然法则,赋税必随自由而增,亦随奴役而按相应之比递减。可是这番议论,本可使专制之苦稍得宽解,却至少与罗马帝国的历史相牴牾:按这段历史的记载,剥夺元老院的权柄、搜刮各行省的财富,这两桩罪过都要算在同一批君主头上。商货上的关税与课征名目繁多,买主表面上只是照自己的意愿买货,税款却在不知不觉间付清了;君士坦丁及其继任者并未废除这些税,但在施政上更偏爱简单直接的课税方式,这种方式也更合乎专断政体的脾性。169

Notes 注释

140 ↩
Malarichus—adhibitis Francis quorum ea tempestate in palatio multitudo florebat, erectius jam loquebatur tumultuabaturque. Ammian. l. xv. c. 5.
Malarichus—adhibitis Francis quorum ea tempestate in palatio multitudo florebat, erectius jam loquebatur tumultuabaturque.(阿米阿努斯(Ammian),卷十五章五。大意:马拉里克乌斯纠合法兰克人——其时法兰克人在宫中人多势盛——于是愈发出言无忌、聚众鼓噪。)
141 ↩
Barbaros omnium primus, ad usque fasces auxerat et trabeas consulares. Ammian. l. xx. c. 10. Eusebius (in Vit. Constantin. l. iv c.7) and Aurelius Victor seem to confirm the truth of this assertion yet in the thirty-two consular Fasti of the reign of Constantine cannot discover the name of a single Barbarian. I should therefore interpret the liberality of that prince as relative to the ornaments rather than to the office, of the consulship.
Barbaros omnium primus, ad usque fasces auxerat et trabeas consulares.(阿米阿努斯,卷二十章十。大意:他是头一个把权杖与执政官礼袍加于蛮族之身的人。)优西比乌(Eusebius)(《君士坦丁传》卷四章七)与奥勒留·维克托(Aurelius Victor)似乎印证了这一说法;然而查遍君士坦丁在位期间三十二个年份的《执政官年表》(Fasti),却找不到哪怕一个蛮族的名字。因此我倾向于认为:这位君主的慷慨,所授的只是执政官的服饰荣衔,而非其职权本身。
142 ↩
Cod. Theod. l. vi. tit. 8.
《狄奥多西法典》卷六,第八题。
143 ↩
By a very singular metaphor, borrowed from the military character of the first emperors, the steward of their household was styled the count of their camp, (comes castrensis.) Cassiodorus very seriously represents to him, that his own fame, and that of the empire, must depend on the opinion which foreign ambassadors may conceive of the plenty and magnificence of the royal table. (Variar. l. vi. epistol. 9.)
早期诸帝不脱军旅本色,由此借来一个十分奇特的比喻,把皇室的膳务总管称作“军营伯”(comes castrensis)。卡西奥多鲁斯(Cassiodorus)曾郑重其事地向他指出:他本人乃至整个帝国的声誉,全系于外邦使节对御膳之丰盛与华美所生的观感。(Variar. l. vi. epistol. 9.)
144 ↩
Gutherius (de Officiis Domûs Augustæ, l. ii. c. 20, l. iii.) has very accurately explained the functions of the master of the offices, and the constitution of the subordinate scrinia. But he vainly attempts, on the most doubtful authority, to deduce from the time of the Antonines, or even of Nero, the origin of a magistrate who cannot be found in history before the reign of Constantine.
古特里乌斯(de Officiis Domûs Augustæ, l. ii. c. 20, l. iii.)十分精确地阐明了诸司大臣的职权,以及其下属 scrinia(文书局)的建置。但他仅凭最靠不住的依据,便妄图把这一官职的起源上溯到安敦尼诸帝(Antonines)、乃至尼禄的时代——事实上,在君士坦丁在位之前,史籍里根本找不到这样一位长官。
145 ↩
Tacitus (Annal. xi. 22) says, that the first quæstors were elected by the people, sixty-four years after the foundation of the republic; but he is of opinion, that they had, long before that period, been annually appointed by the consuls, and even by the kings. But this obscure point of antiquity is contested by other writers.
塔西佗(Annal. xi. 22)说,头两名财务官是在共和国建立六十四年后由民众选出的;不过他认为,早在此之前很久,财务官便已由执政官、甚至由诸王每年任命。但这一古史疑点晦暗难明,其他作者对此另有异说。
146 ↩
Tacitus (Annal. xi. 22) seems to consider twenty as the highest number of quæstors; and Dion (l. xliii. p 374) insinuates, that if the dictator Cæsar once created forty, it was only to facilitate the payment of an immense debt of gratitude. Yet the augmentation which he made of prætors subsisted under the succeeding reigns.
塔西佗(Annal. xi. 22)似乎把二十名视作财务官的最高员额;而狄奥(l. xliii. p 374)则暗示:独裁官恺撒虽一度增设至四十名,也不过是为了便于偿清一笔天大的人情债。然而他对裁判官员额的扩充,倒是在历朝相沿了下来。
147 ↩
Sueton. in August. c. 65, and Torrent. ad loc. Dion. Cas. p. 755.
苏埃托尼乌斯《奥古斯都传》第六十五章,及托伦提乌斯该处注释。狄奥·卡西乌斯,第755页。(Sueton. in August. c. 65, and Torrent. ad loc. Dion. Cas. p. 755.)
148 ↩
The youth and inexperience of the quæstors, who entered on that important office in their twenty-fifth year, (Lips. Excurs. ad Tacit. l. iii. D.,) engaged Augustus to remove them from the management of the treasury; and though they were restored by Claudius, they seem to have been finally dismissed by Nero. (Tacit Annal. xiii. 29. Sueton. in Aug. c. 36, in Claud. c. 24. Dion, p. 696, 961, &c. Plin. Epistol. x. 20, et alibi.) In the provinces of the Imperial division, the place of the quæstors was more ably supplied by the procurators, (Dion Cas. p. 707. Tacit. in Vit. Agricol. c. 15;) or, as they were afterwards called, rationales. (Hist. August. p. 130.) But in the provinces of the senate we may still discover a series of quæstors till the reign of Marcus Antoninus. (See the Inscriptions of Gruter, the Epistles of Pliny, and a decisive fact in the Augustan History, p. 64.) From Ulpian we may learn, (Pandect. l. i. tit. 13,) that under the government of the house of Severus, their provincial administration was abolished; and in the subsequent troubles, the annual or triennial elections of quæstors must have naturally ceased.
财务官在二十五岁便就任这一要职,既年少又缺乏历练(利普修斯,Excurs. ad Tacit. l. iii. D.),奥古斯都因而把他们从国库的经管中撤了下来;虽经克劳狄乌斯(Claudius)一度恢复,似乎终究还是被尼禄彻底裁撤(Tacit. Annal. xiii. 29. Sueton. in Aug. c. 36, in Claud. c. 24. Dion, p. 696, 961, &c. Plin. Epistol. x. 20, et alibi.)。在皇帝直辖的行省里,财务官的空缺由 procurators(财务代理官,Dion Cas. p. 707. Tacit. in Vit. Agricol. c. 15)更为得力地填补——他们后来又被称作 rationales(Hist. August. p. 130.)。但在元老院所辖的行省中,直至马可·奥勒留(Marcus Antoninus)一朝,我们仍能寻见一连串的财务官(参见格鲁特(Gruter)所辑铭文、普林尼的书信,以及《奥古斯都史》(Augustan History)第64页一则确凿的例证)。从乌尔比安(Ulpian)处可知(Pandect. l. i. tit. 13),在塞维鲁(Severus)家族治下,财务官对行省的治理已被废止;而在随后的动乱中,每年或每三年一次的财务官选举,自然也就停歇了。
149 ↩
Cum patris nomine et epistolas ipse dictaret, et edicta conscrib eret, orationesque in senatu recitaret, etiam quæstoris vice. Sueton, in Tit. c. 6. The office must have acquired new dignity, which was occasionally executed by the heir apparent of the empire. Trajan intrusted the same care to Hadrian, his quæstor and cousin. See Dodwell, Prælection. Cambden, x. xi. p. 362-394.
Cum patris nomine et epistolas ipse dictaret, et edicta conscriberet, orationesque in senatu recitaret, etiam quæstoris vice.(苏埃托尼乌斯《提图斯传》第六章。大意:他以父亲之名亲自口授书信、草拟敕令,并在元老院代读演说,俨然还兼行财务官之职。)这一官职既时或由帝国的储君亲自担任,想必因此更增了尊荣。图拉真(Trajan)便曾把同样的差事托付给哈德良(Hadrian)——他的财务官兼表亲。参见多德韦尔(Dodwell)《卡姆登讲座讲义》十、十一,第362-394页。
150 ↩
Terris edicta daturus; Supplicibus responsa.—Oracula regis Eloquio crevere tuo; nec dignius unquam Majestas meminit sese Romana locutam.——Claudian in Consulat. Mall. Theodor. 33. See likewise Symmachus (Epistol. i. 17) and Cassiodorus. (Variar. iv. 5.)
Terris edicta daturus; Supplicibus responsa.—Oracula regis Eloquio crevere tuo; nec dignius unquam Majestas meminit sese Romana locutam.——克劳狄安(Claudian)《马利乌斯·狄奥多鲁斯执政颂》第33行。(大意:他将向天下颁布敕令,向乞请者裁答;君王的谕旨因你的辞采而增辉,罗马的威严也记不起自己何曾说得这样得体。)另可参看叙马库斯(Epistol. i. 17)与卡西奥多鲁斯(Variar. iv. 5.)。
151 ↩
Cod. Theod. l. vi. tit. 30. Cod. Justinian. l. xii. tit. 24.
《狄奥多西法典》卷六,第三十题。《查士丁尼(Justinian)法典》卷十二,第二十四题。
152 ↩
In the departments of the two counts of the treasury, the eastern part of the Notitia happens to be very defective. It may be observed, that we had a treasury chest in London, and a gyneceum or manufacture at Winchester. But Britain was not thought worthy either of a mint or of an arsenal. Gaul alone possessed three of the former, and eight of the latter.
在两位财赋伯所辖的部门里,《百官志》(Notitia)论及东部的那部分恰恰残缺甚多。可以注意到:伦敦设有一处国库钱库,温彻斯特(Winchester)设有一处 gynæceum(即织造工场)。但在朝廷看来,不列颠既不配设铸币厂,也不配设武库。单单高卢(Gaul)一地,便拥有前者三处、后者八处。
153 ↩
Cod. Theod. l. vi. tit. xxx. leg. 2, and Godefroy ad loc.
《狄奥多西法典》卷六,第三十题,法令二,及戈德弗鲁瓦(Godefroy)该处注释。
154 ↩
Strabon. Geograph. l. xxii. p. 809, [edit. Casaub.] The other temple of Comana, in Pontus, was a colony from that of Cappadocia, l. xii. p. 835. The President Des Brosses (see his Saluste, tom. ii. p. 21, [edit. Causub.]) conjectures that the deity adored in both Comanas was Beltis, the Venus of the east, the goddess of generation; a very different being indeed from the goddess of war.
斯特拉波《地理志》卷二十二,第809页,[卡索邦校本]。本都(Pontus)另有一座科马纳神庙,是卡帕多西亚这一座的分庙(《地理志》卷十二,第835页)。德布罗斯(Des Brosses)庭长(见其《撒路斯提乌斯》卷二,第21页,[卡索邦校本])推测:两座科马纳所奉的神祇都是贝尔提斯(Beltis),即东方的维纳斯(Venus)、司生育的女神——这与战争女神实在大相径庭。
155 ↩
Cod. Theod. l. x. tit. vi. de Grege Dominico. Godefroy has collected every circumstance of antiquity relative to the Cappadocian horses. One of the finest breeds, the Palmatian, was the forfeiture of a rebel, whose estate lay about sixteen miles from Tyana, near the great road between Constantinople and Antioch.
《狄奥多西法典》卷十,第六题,《论御用马群》(de Grege Dominico)。戈德弗鲁瓦搜罗了古人关于卡帕多西亚马匹的种种记载。帕尔马提亚种(Palmatian)是其中最优良的品种之一,原是从一名叛逆者手中籍没来的;此人的庄园约在提亚纳(Tyana)以外十六英里处,临近君士坦丁堡通往安条克(Antioch)的大道。
156 ↩
Justinian (Novell. 30) subjected the province of the count of Cappadocia to the immediate authority of the favorite eunuch, who presided over the sacred bed-chamber.
查士丁尼(《新律》第30条)把卡帕多西亚伯所辖的行省,划归那位主掌神圣寝宫的宠信宦官直接管辖。
157 ↩
Cod. Theod. l. vi. tit. xxx. leg. 4, &c.
《狄奥多西法典》卷六,第三十题,法令四,等等。
158 ↩
Pancirolus, p. 102, 136. The appearance of these military domestics is described in the Latin poem of Corippus, de Laudibus Justin. l. iii. 157-179. p. 419, 420 of the Appendix Hist. Byzantin. Rom. 177.
潘奇罗卢斯(Pancirolus),第102、136页。科里普斯(Corippus)的拉丁文诗篇《颂查士丁(Justin)》(de Laudibus Justin.)卷三157-179行,描摹了这些禁卫侍从的仪容;见《拜占庭史丛》附录第419、420页(Appendix Hist. Byzantin. Rom. 177)。
159 ↩
Ammianus Marcellinus, who served so many years, obtained only the rank of a protector. The first ten among these honorable soldiers were Clarissimi.
阿米阿努斯·马尔切利努斯(Ammianus Marcellinus)服役多年,也不过挣得护卫官(protector)之衔。这些荣耀士卒中,居前的十人乃是 Clarissimi(“尊荣”之列)。
160 ↩
Xenophon, Cyropæd. l. viii. Brisson, de Regno Persico, l. i No 190, p. 264. The emperors adopted with pleasure this Persian metaphor.
色诺芬(Xenophon)《居鲁士的教育》卷八。布里松(Brisson)《论波斯王国》(de Regno Persico)卷一,第190条,第264页。诸帝欣然采纳了这个波斯式的比喻。
161 ↩
For the Agentes in Rebus, see Ammian. l. xv. c. 3, l. xvi. c. 5, l. xxii. c. 7, with the curious annotations of Valesius. Cod. Theod. l. vi. tit. xxvii. xxviii. xxix. Among the passages collected in the Commentary of Godefroy, the most remarkable is one from Libanius, in his discourse concerning the death of Julian.
关于 Agentes in Rebus(事务官),参见阿米阿努斯卷十五章三、卷十六章五、卷二十二章七,以及瓦莱修斯(Valesius)饶有意味的注释。《狄奥多西法典》卷六,第二十七、二十八、二十九题。在戈德弗鲁瓦评注所辑的诸段文字中,最堪注目的一段,出自利巴尼乌斯(Libanius)论尤利安(Julian)之死的那篇讲辞。
162 ↩
The Pandects (l. xlviii. tit. xviii.) contain the sentiments of the most celebrated civilians on the subject of torture. They strictly confine it to slaves; and Ulpian himself is ready to acknowledge that Res est fragilis, et periculosa, et quæ veritatem fallat.
《学说汇纂》(Pandect)(卷四十八,第十八题)汇集了最著名的法学家论刑讯的见解。他们把刑讯严格限于奴隶;连乌尔比安本人也不得不承认:Res est fragilis, et periculosa, et quæ veritatem fallat(此法脆弱、危险,且每每使真相失真)。
163 ↩
In the conspiracy of Piso against Nero, Epicharis (libertina mulier) was the only person tortured; the rest were intacti tormentis. It would be superfluous to add a weaker, and it would be difficult to find a stronger, example. Tacit. Annal. xv. 57.
在皮索(Piso)谋刺尼禄的密谋中,唯有埃皮卡里斯(libertina mulier,一名获释的女奴)一人遭受刑讯,其余诸人皆 intacti tormentis(未受拷掠)。再举更无力的例证已属多余,而要找更有力的例证却也难得。(塔西佗,Annal. xv. 57.)
164 ↩
Dicendum... de Institutis Atheniensium, Rhodiorum, doctissimorum hominum, apud quos etiam (id quod acerbissimum est) liberi, civesque torquentur. Cicero, Partit. Orat. c. 34. We may learn from the trial of Philotas the practice of the Macedonians. (Diodor. Sicul. l. xvii. p. 604. Q. Curt. l. vi. c. 11.)
Dicendum... de Institutis Atheniensium, Rhodiorum, doctissimorum hominum, apud quos etiam (id quod acerbissimum est) liberi, civesque torquentur.(西塞罗《演说术分类》第34章。大意:还须论及雅典人与罗得岛人——这些极有学问的民族——的制度;在他们那里,连自由人与公民也遭受刑讯,此事最为酷烈。)从菲罗塔斯(Philotas)受审一事,我们可以窥见马其顿人的做法。(Diodor. Sicul. l. xvii. p. 604. Q. Curt. l. vi. c. 11.)
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Heineccius (Element. Jur. Civil. part vii. p. 81) has collected these exemptions into one view.
海涅克丘斯(Heineccius)(《民法要义》第七部分,第81页)把这些豁免条款汇为一览。
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This definition of the sage Ulpian (Pandect. l. xlviii. tit. iv.) seems to have been adapted to the court of Caracalla, rather than to that of Alexander Severus. See the Codes of Theodosius and ad leg. Juliam majestatis.
睿智的乌尔比安这一定义(Pandect. l. xlviii. tit. iv.),似乎是为卡拉卡拉(Caracalla)的朝廷、而非亚历山大·塞维鲁(Alexander Severus)的朝廷量身裁定的。参见《狄奥多西法典》以及《尤利乌斯叛逆法》相关条款(ad leg. Juliam majestatis)。
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Arcadius Charisius is the oldest lawyer quoted to justify the universal practice of torture in all cases of treason; but this maxim of tyranny, which is admitted by Ammianus with the most respectful terror, is enforced by several laws of the successors of Constantine. See Cod. Theod. l. ix. tit. xxxv. majestatis crimine omnibus æqua est conditio.
人们为叛逆案一律动刑的做法辩护时,所援引的法学家以阿卡狄乌斯·卡里西乌斯(Arcadius Charisius)年代最早;不过这条暴政的准则,阿米阿努斯是诚惶诚恐地认可的,而君士坦丁的历代继任者更以数道法令予以强化。参见《狄奥多西法典》卷九,第三十五题:majestatis crimine omnibus æqua est conditio(凡涉叛逆之罪,人人处境相同)。
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Montesquieu, Esprit des Loix, l. xii. c. 13.
孟德斯鸠《论法的精神》,卷十二,章十三。
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Mr. Hume (Essays, vol. i. p. 389) has seen this importance with some degree of perplexity.
休谟先生(《论说文集》卷一,第389页)看出了这一点的分量,却不无几分困惑。