Chapter XX: Conversion Of Constantine.—Part IV. 第二十章 君士坦丁的皈依——第四节
Chapter XX: Conversion Of Constantine.—Part IV.
第二十章 君士坦丁的皈依——第四节
III. The edict of Milan secured the revenue as well as the peace of the church. 101 The Christians not only recovered the lands and houses of which they had been stripped by the persecuting laws of Diocletian, but they acquired a perfect title to all the possessions which they had hitherto enjoyed by the connivance of the magistrate. As soon as Christianity became the religion of the emperor and the empire, the national clergy might claim a decent and honorable maintenance; and the payment of an annual tax might have delivered the people from the more oppressive tribute, which superstition imposes on her votaries. But as the wants and expenses of the church increased with her prosperity, the ecclesiastical order was still supported and enriched by the voluntary oblations of the faithful. Eight years after the edict of Milan, Constantine granted to all his subjects the free and universal permission of bequeathing their fortunes to the holy Catholic church; 102 and their devout liberality, which during their lives was checked by luxury or avarice, flowed with a profuse stream at the hour of their death. The wealthy Christians were encouraged by the example of their sovereign. An absolute monarch, who is rich without patrimony, may be charitable without merit; and Constantine too easily believed that he should purchase the favor of Heaven, if he maintained the idle at the expense of the industrious; and distributed among the saints the wealth of the republic. The same messenger who carried over to Africa the head of Maxentius, might be intrusted with an epistle to Cæcilian, bishop of Carthage. The emperor acquaints him, that the treasurers of the province are directed to pay into his hands the sum of three thousand folles, or eighteen thousand pounds sterling, and to obey his further requisitions for the relief of the churches of Africa, Numidia, and Mauritania. 103 The liberality of Constantine increased in a just proportion to his faith, and to his vices. He assigned in each city a regular allowance of corn, to supply the fund of ecclesiastical charity; and the persons of both sexes who embraced the monastic life became the peculiar favorites of their sovereign. The Christian temples of Antioch, Alexandria, Jerusalem, Constantinople &c., displayed the ostentatious piety of a prince, ambitious in a declining age to equal the perfect labors of antiquity. 104 The form of these religious edifices was simple and oblong; though they might sometimes swell into the shape of a dome, and sometimes branch into the figure of a cross. The timbers were framed for the most part of cedars of Libanus; the roof was covered with tiles, perhaps of gilt brass; and the walls, the columns, the pavement, were encrusted with variegated marbles. The most precious ornaments of gold and silver, of silk and gems, were profusely dedicated to the service of the altar; and this specious magnificence was supported on the solid and perpetual basis of landed property. In the space of two centuries, from the reign of Constantine to that of Justinian, the eighteen hundred churches of the empire were enriched by the frequent and unalienable gifts of the prince and people. An annual income of six hundred pounds sterling may be reasonably assigned to the bishops, who were placed at an equal distance between riches and poverty, 105 but the standard of their wealth insensibly rose with the dignity and opulence of the cities which they governed. An authentic but imperfect 106 rent-roll specifies some houses, shops, gardens, and farms, which belonged to the three Basilicæ of Rome, St. Peter, St. Paul, and St. John Lateran, in the provinces of Italy, Africa, and the East. They produce, besides a reserved rent of oil, linen, paper, aromatics, &c., a clear annual revenue of twenty-two thousand pieces of gold, or twelve thousand pounds sterling. In the age of Constantine and Justinian, the bishops no longer possessed, perhaps they no longer deserved, the unsuspecting confidence of their clergy and people. The ecclesiastical revenues of each diocese were divided into four parts for the respective uses of the bishop himself, of his inferior clergy, of the poor, and of the public worship; and the abuse of this sacred trust was strictly and repeatedly checked. 107 The patrimony of the church was still subject to all the public compositions of the state. 108 The clergy of Rome, Alexandria, Chessaionica, &c., might solicit and obtain some partial exemptions; but the premature attempt of the great council of Rimini, which aspired to universal freedom, was successfully resisted by the son of Constantine. 109
三、米兰敕令不仅为教会带来了安宁,也为它保住了财源。101 基督徒不但收回了当年为戴克里先的迫害法令所剥夺的田产与房舍,还对此前仅凭官府睁一只眼闭一只眼而占有的一切财物,取得了完整无缺的合法权利。基督教一旦成为皇帝与帝国的信仰,全国的教士便有理由要求一份体面而尊荣的供养;本来只需每年缴纳一笔定额税款,百姓就可免去那种更为沉重的盘剥——即迷信向其信徒索取的献纳。然而教会愈是兴盛,所需所费也愈多,于是教士阶层依旧靠信众自愿的奉献维持,并因此日益富足。米兰敕令颁布八年之后,君士坦丁准许全体臣民自由地、无一例外地把自家财产遗赠给神圣的大公教会;102 他们那份虔诚的慷慨,生前每每为奢靡或悭吝所抑制,一到临终之际便如泉涌般滔滔而出。富有的基督徒又受到君主亲身垂范的鼓舞。一位专制君主,无需自家祖产便富甲天下,行起善来自然也谈不上什么功德;君士坦丁便轻易相信:只要拿勤劳者的血汗去豢养游手好闲之辈,把国库的财富分赐给圣徒,他就能换来上天的眷顾。那名把马克森提乌斯的首级送往阿非利加的信使,或许同时也受托带去了一封写给迦太基主教凯基利安的书信。皇帝在信中告知:已下令行省的司库把三千 folles(约合一万八千英镑)如数交到他手中,并听凭他日后为救济阿非利加、努米底亚与毛里塔尼亚各教会而提出的一切进一步索求。103 君士坦丁的慷慨大方,恰与他的虔信、也与他的恶德成正比而增长。他在每座城市都拨给固定的谷物配额,以充教会赈济之资;凡投身隐修生活的男女,都成了君主格外宠爱的对象。安条克、亚历山大里亚、耶路撒冷、君士坦丁堡等地的基督教圣殿,无不炫示着这位君主那浮夸的虔诚——他身处一个衰颓的时代,却雄心勃勃,要与古人臻于完美的工程一较高下。104 这些宗教建筑外形朴素,多作长方形;不过有时也隆起为穹顶,有时则分展成十字。梁木大多取自黎巴嫩山的雪松;屋顶覆以瓦片,或为镀金的黄铜;墙壁、廊柱与地面,则镶嵌着斑斓的大理石。金银、丝绸、珠宝所制的最珍贵饰物,无不慷慨地供奉于祭坛;而这一派徒有其表的堂皇,其根基却牢牢地、永久地立于地产之上。从君士坦丁到查士丁尼在位的两个世纪间,帝国境内一千八百座教堂,因君主与百姓频频馈赠、且不得转让的捐献而日益富裕。主教们的年收入估算为六百英镑当属合理——这一数目使他们恰好处在贫与富的中间;105 但随着所辖城市地位日隆、日益富庶,他们财富的标准也在不知不觉中水涨船高。有一份虽属真实、却并不完整的租册,106 开列了归属罗马三大 Basilicæ(即圣彼得、圣保罗与拉特兰的圣约翰三座大殿)的若干房屋、店铺、园圃与田庄,分布在意大利、阿非利加及东方各行省。这些产业除了以油、亚麻布、纸张、香料等实物缴纳的固定租金外,每年还带来两万两千枚金币、约合一万两千英镑的净收入。到了君士坦丁与查士丁尼的时代,主教们已不再享有——或许也已不再配得——其教士与信众那种毫无戒心的信任。各教区的教会收入被划为四份,分别供主教本人、其下属教士、贫民以及公共礼拜之用;对这一神圣托管的滥用,则一再受到严格约束。107 教会的产业仍须承担国家一切公共课征。108 罗马、亚历山大里亚、塞萨洛尼卡等地的教士,或可申请并获得某些局部的豁免;但里米尼那次盛大的宗教会议妄想一举取得普遍的免税特权,这一操之过急的图谋,却被君士坦丁之子成功地挫败了。109
IV. The Latin clergy, who erected their tribunal on the ruins of the civil and common law, have modestly accepted, as the gift of Constantine, 110 the independent jurisdiction, which was the fruit of time, of accident, and of their own industry. But the liberality of the Christian emperors had actually endowed them with some legal prerogatives, which secured and dignified the sacerdotal character. 111 1. Under a despotic government, the bishops alone enjoyed and asserted the inestimable privilege of being tried only by their peers, and even in a capital accusation, a synod of their brethren were the sole judges of their guilt or innocence. Such a tribunal, unless it was inflamed by personal resentment or religious discord, might be favorable, or even partial, to the sacerdotal order: but Constantine was satisfied, 112 that secret impunity would be less pernicious than public scandal: and the Nicene council was edited by his public declaration, that if he surprised a bishop in the act of adultery, he should cast his Imperial mantle over the episcopal sinner. 2. The domestic jurisdiction of the bishops was at once a privilege and a restraint of the ecclesiastical order, whose civil causes were decently withdrawn from the cognizance of a secular judge. Their venial offences were not exposed to the shame of a public trial or punishment; and the gentle correction which the tenderness of youth may endure from its parents or instructors, was inflicted by the temperate severity of the bishops. But if the clergy were guilty of any crime which could not be sufficiently expiated by their degradation from an honorable and beneficial profession, the Roman magistrate drew the sword of justice, without any regard to ecclesiastical immunities. 3. The arbitration of the bishops was ratified by a positive law; and the judges were instructed to execute, without appeal or delay, the episcopal decrees, whose validity had hitherto depended on the consent of the parties. The conversion of the magistrates themselves, and of the whole empire, might gradually remove the fears and scruples of the Christians. But they still resorted to the tribunal of the bishops, whose abilities and integrity they esteemed; and the venerable Austin enjoyed the satisfaction of complaining that his spiritual functions were perpetually interrupted by the invidious labor of deciding the claim or the possession of silver and gold, of lands and cattle. 4. The ancient privilege of sanctuary was transferred to the Christian temples, and extended, by the liberal piety of the younger Theodosius, to the precincts of consecrated ground. 113 The fugitive, and even guilty suppliants,were permitted to implore either the justice, or the mercy, of the Deity and his ministers. The rash violence of despotism was suspended by the mild interposition of the church; and the lives or fortunes of the most eminent subjects might be protected by the mediation of the bishop.
四、拉丁教士在民法与普通法的废墟之上竖起了自己的法庭,却谦逊地把这份独立的司法权说成是君士坦丁的恩赐,110 尽管它实为时间、机缘与他们自身钻营的产物。不过,基督教诸帝的慷慨确实赋予了他们若干法律特权,使祭司的身份既有保障,又添尊荣。111 其一,在专制政体之下,唯有主教享有并坚守着一项无从估价的特权:只受同侪审判;纵然身负死罪的指控,也只由一场同门弟兄组成的宗教会议来裁断其有罪抑或无辜。这样一个法庭,只要不为私人恩怨或教派纷争所激,对祭司阶层多半是宽容的,甚至是偏袒的;但君士坦丁深信 112:暗中放其逍遥法外,总比闹得满城风雨害处要小些。他还当众声言:假使撞见某位主教正行奸淫,他也会解下自己的御袍,替这位犯罪的主教遮丑——尼西亚会议听了这番话,无不深受教益。其二,主教的内部司法权,对教士阶层而言既是特权,也是约束:他们的民事诉讼得以体面地脱离世俗法官的过问。教士轻微的过失,无须承受公开审判或惩处的羞辱;那种温和的管教——本是稚嫩少年从父母或师长处所受的——如今则由主教以有节制的严厉施诸教士。但教士若犯下某种重罪,仅仅革去其尊荣而优渥的圣职尚不足以抵偿,罗马的官府便会拔出正义之剑,全然不顾什么教会的豁免特权。其三,主教的仲裁获得明文法律的认可;从前主教的裁决,其效力全凭当事双方同意,如今法官则奉命对其立即执行,不得上诉,不得拖延。官吏本身乃至整个帝国的皈依,或许渐渐消除了基督徒心中的畏惧与顾虑。然而他们仍旧乐于诉诸主教的法庭,因为他们敬重主教的才干与廉正;于是可敬的奥古斯丁便有幸大发牢骚,抱怨自己神圣的职务竟被一桩桩惹人厌烦的杂务没完没了地打断——去裁断金银、田产、牛畜的归属与所有权之争。其四,古老的避难权移归于基督教的圣殿,又经小狄奥多西那慷慨的虔诚之心而扩及圣地的周边范围。113 逃亡者,乃至有罪的求庇者,都获准向上帝及其仆役祈求公义或是慈悲。专制那种鲁莽的暴力,因教会温和的介入而暂告收敛;即便最显赫的臣民,其性命或家财也可能仰赖主教的居间调停而得以保全。
V. The bishop was the perpetual censor of the morals of his people The discipline of penance was digested into a system of canonical jurisprudence, 114 which accurately defined the duty of private or public confession, the rules of evidence, the degrees of guilt, and the measure of punishment. It was impossible to execute this spiritual censure, if the Christian pontiff, who punished the obscure sins of the multitude, respected the conspicuous vices and destructive crimes of the magistrate: but it was impossible to arraign the conduct of the magistrate, without, controlling the administration of civil government. Some considerations of religion, or loyalty, or fear, protected the sacred persons of the emperors from the zeal or resentment of the bishops; but they boldly censured and excommunicated the subordinate tyrants, who were not invested with the majesty of the purple. St. Athanasius excommunicated one of the ministers of Egypt; and the interdict which he pronounced, of fire and water, was solemnly transmitted to the churches of Cappadocia. 115 Under the reign of the younger Theodosius, the polite and eloquent Synesius, one of the descendants of Hercules, 116 filled the episcopal seat of Ptolemais, near the ruins of ancient Cyrene, 117 and the philosophic bishop supported with dignity the character which he had assumed with reluctance. 118 He vanquished the monster of Libya, the president Andronicus, who abused the authority of a venal office, invented new modes of rapine and torture, and aggravated the guilt of oppression by that of sacrilege. 119 After a fruitless attempt to reclaim the haughty magistrate by mild and religious admonition, Synesius proceeds to inflict the last sentence of ecclesiastical justice, 120 which devotes Andronicus, with his associates and their families, to the abhorrence of earth and heaven. The impenitent sinners, more cruel than Phalaris or Sennacherib, more destructive than war, pestilence, or a cloud of locusts, are deprived of the name and privileges of Christians, of the participation of the sacraments, and of the hope of Paradise. The bishop exhorts the clergy, the magistrates, and the people, to renounce all society with the enemies of Christ; to exclude them from their houses and tables; and to refuse them the common offices of life, and the decent rites of burial. The church of Ptolemais, obscure and contemptible as she may appear, addresses this declaration to all her sister churches of the world; and the profane who reject her decrees, will be involved in the guilt and punishment of Andronicus and his impious followers. These spiritual terrors were enforced by a dexterous application to the Byzantine court; the trembling president implored the mercy of the church; and the descendants of Hercules enjoyed the satisfaction of raising a prostrate tyrant from the ground. 121 Such principles and such examples insensibly prepared the triumph of the Roman pontiffs, who have trampled on the necks of kings.
五、主教是其信众道德操守的常设监察官。忏悔的规程被整理成一套教会法体系,114 其中详尽界定了私下或公开告罪的义务、举证的规则、罪愆的等级以及惩罚的尺度。这种精神上的督责本无从施行——倘若基督教的主教一面惩戒平民百姓那些不为人知的小过,一面却对官吏昭彰的恶行与祸国的重罪视而不见;然而,要追究官吏的所作所为,又势必干预到民政的运作。出于宗教、忠顺或畏惧种种顾虑,皇帝那神圣不可侵犯之身尚能免遭主教的热忱或怨愤;但对于那些未曾披上紫袍威仪的下级暴吏,主教们却敢于大胆谴责,径直将其逐出教会。圣阿塔纳修斯曾把埃及的一名官员逐出教门;他所宣布的禁令——断绝其水火之供——更郑重地通传于卡帕多西亚各教会。115 小狄奥多西在位时,文雅而善辩的辛奈西乌斯——赫拉克勒斯的后裔之一 116——出任托勒迈斯的主教之位,此城紧邻古昔兰尼的废墟;117 这位富于哲思的主教,虽是勉强就任此职,却把这一角色扮演得庄重得体。118 他制伏了利比亚的那头恶魔——省长安德罗尼库斯;此人以钱买来官职,滥用职权,发明出勒索与酷刑的种种新花样,更在压迫之罪上再添亵渎神明之罪。119 辛奈西乌斯先以温和而虔敬的规劝试图挽回这位傲慢的官员,未见其效,遂动用教会审判的终极判决,120 把安德罗尼库斯连同其党羽及各自的家眷,一并交付天地共弃、人神共憎之列。这些冥顽不化的罪人,其残忍甚于法拉里斯或西拿基立,其为害更胜于战乱、瘟疫或遮天蔽日的蝗群,如今被剥夺了基督徒的名分与特权,被逐出圣事的领受,也被断绝了升入乐园的指望。主教劝勉教士、官吏与百姓:与这些基督之敌断绝一切往来,不许其登门、不与其同席,拒绝为他们提供日常生活的种种帮助,也不给他们体面的安葬之礼。托勒迈斯教会纵然看去无名而卑微,却把这道宣告发往普世所有的姊妹教会;凡藐视其裁决的不敬之徒,都将与安德罗尼库斯及其渎神的追随者同罪、同受惩罚。这些精神上的恐吓,又借着向拜占庭宫廷的一番巧妙陈情而更添分量;那位战栗不已的省长终于哀求教会开恩,而这位赫拉克勒斯的后裔,也得以享受把一个匍匐在地的暴君重新扶起的快意。121 正是这样的原则、这样的先例,不知不觉地为日后罗马教宗的凯旋铺平了道路——那些教宗后来竟践踏在列王的颈项之上。
VI. Every popular government has experienced the effects of rude or artificial eloquence. The coldest nature is animated, the firmest reason is moved, by the rapid communication of the prevailing impulse; and each hearer is affected by his own passions, and by those of the surrounding multitude. The ruin of civil liberty had silenced the demagogues of Athens, and the tribunes of Rome; the custom of preaching which seems to constitute a considerable part of Christian devotion, had not been introduced into the temples of antiquity; and the ears of monarchs were never invaded by the harsh sound of popular eloquence, till the pulpits of the empire were filled with sacred orators, who possessed some advantages unknown to their profane predecessors. 122 The arguments and rhetoric of the tribune were instantly opposed with equal arms, by skilful and resolute antagonists; and the cause of truth and reason might derive an accidental support from the conflict of hostile passions. The bishop, or some distinguished presbyter, to whom he cautiously delegated the powers of preaching, harangued, without the danger of interruption or reply, a submissive multitude, whose minds had been prepared and subdued by the awful ceremonies of religion. Such was the strict subordination of the Catholic church, that the same concerted sounds might issue at once from a hundred pulpits of Italy or Egypt, if they were tuned 123 by the master hand of the Roman or Alexandrian primate. The design of this institution was laudable, but the fruits were not always salutary. The preachers recommended the practice of the social duties; but they exalted the perfection of monastic virtue, which is painful to the individual, and useless to mankind. Their charitable exhortations betrayed a secret wish that the clergy might be permitted to manage the wealth of the faithful, for the benefit of the poor. The most sublime representations of the attributes and laws of the Deity were sullied by an idle mixture of metaphysical subleties, puerile rites, and fictitious miracles: and they expatiated, with the most fervent zeal, on the religious merit of hating the adversaries, and obeying the ministers of the church. When the public peace was distracted by heresy and schism, the sacred orators sounded the trumpet of discord, and, perhaps, of sedition. The understandings of their congregations were perplexed by mystery, their passions were inflamed by invectives; and they rushed from the Christian temples of Antioch or Alexandria, prepared either to suffer or to inflict martyrdom. The corruption of taste and language is strongly marked in the vehement declamations of the Latin bishops; but the compositions of Gregory and Chrysostom have been compared with the most splendid models of Attic, or at least of Asiatic, eloquence. 124
六、凡是民众参政的政体,都曾领教过口才——无论粗野的还是雕琢的——所产生的效力。群情激荡之际,那股主导人心的冲动迅速传染开来,再冷淡的性情也被点燃,再坚定的理智也为之动摇;每一个听众,既受自身情绪的左右,也受周遭人群情绪的裹挟。公民自由既已覆灭,雅典的煽动家、罗马的保民官便都归于沉默;而讲道之习——它似乎构成了基督教虔敬中相当重要的一环——古时的神庙里却从未有过;于是君王的耳朵也一直不曾被民众口才那刺耳的声浪所侵扰,直到帝国的讲坛上站满了神圣的演说家,而这些人还拥有几分他们那些异教前辈不曾具备的优势。122 保民官的论辩与辞令,当场便有娴熟而坚决的对手以同样的武器加以反驳;真理与理性的事业,倒可能从这两股敌对激情的碰撞中偶得几分支持。而主教,或是他谨慎地授以讲道之权的某位出众长老,面对的却是一群温顺的会众——这些人的心智早已被宗教那令人敬畏的仪式所铺垫、所折服;他滔滔而谈,既不必担心被人打断,也不会遭到任何辩驳。大公教会内部的等级服从竟如此严密:只要经罗马或亚历山大里亚首席主教那只巧手一“调音”,123 意大利或埃及上百座讲坛便会同时发出同一套精心协调的声音。这一体制的初衷值得称道,其结出的果实却未必总是有益。传道者一面劝人履行社会义务,一面却把隐修的德行奉为至善——那种德行于个人是苦,于人类是无用。他们那些劝人行善的言辞,暗地里却泄露出一桩心愿:但愿教士能获准替信众掌管钱财,以周济贫者。对上帝属性与律法本可作最崇高的阐发,却掺入了许多无谓之物而遭玷污:形而上的诡辩、幼稚的仪节、编造的神迹;而他们最为热忱地大加铺陈的,则是这样一种宗教功德——仇恨教会的敌人,顺从教会的仆役。每当异端与分裂扰乱了公共安宁,这些神圣的演说家便吹响不和的号角,或许还吹响了叛乱的号角。会众的理智被神秘的奥义搅得一片混乱,情绪则被恶言谩骂煽得火起;于是他们涌出安条克或亚历山大里亚的基督教圣殿,个个准备好去殉道——要么自己慷慨赴死,要么逼他人为之送命。拉丁主教们激烈的高声宣讲,鲜明地暴露出品味与语言的败坏;不过格列高利与克里索斯托的文章,却曾被比作阿提卡雄辩——至少也是亚细亚式雄辩——最辉煌的典范。124
VII. The representatives of the Christian republic were regularly assembled in the spring and autumn of each year; and these synods diffused the spirit of ecclesiastical discipline and legislation through the hundred and twenty provinces of the Roman world. 125 The archbishop or metropolitan was empowered, by the laws, to summon the suffragan bishops of his province; to revise their conduct, to vindicate their rights, to declare their faith, and to examine the merits of the candidates who were elected by the clergy and people to supply the vacancies of the episcopal college. The primates of Rome, Alexandria, Antioch, Carthage, and afterwards Constantinople, who exercised a more ample jurisdiction, convened the numerous assembly of their dependent bishops. But the convocation of great and extraordinary synods was the prerogative of the emperor alone. Whenever the emergencies of the church required this decisive measure, he despatched a peremptory summons to the bishops, or the deputies of each province, with an order for the use of post-horses, and a competent allowance for the expenses of their journey. At an early period, when Constantine was the protector, rather than the proselyte, of Christianity, he referred the African controversy to the council of Arles; in which the bishops of York of Trèves, of Milan, and of Carthage, met as friends and brethren, to debate in their native tongue on the common interest of the Latin or Western church. 126 Eleven years afterwards, a more numerous and celebrated assembly was convened at Nice in Bithynia, to extinguish, by their final sentence, the subtle disputes which had arisen in Egypt on the subject of the Trinity. Three hundred and eighteen bishops obeyed the summons of their indulgent master; the ecclesiastics of every rank, and sect, and denomination, have been computed at two thousand and forty-eight persons; 127 the Greeks appeared in person; and the consent of the Latins was expressed by the legates of the Roman pontiff. The session, which lasted about two months, was frequently honored by the presence of the emperor. Leaving his guards at the door, he seated himself (with the permission of the council) on a low stool in the midst of the hall. Constantine listened with patience, and spoke with modesty: and while he influenced the debates, he humbly professed that he was the minister, not the judge, of the successors of the apostles, who had been established as priests and as gods upon earth. 128 Such profound reverence of an absolute monarch towards a feeble and unarmed assembly of his own subjects, can only be compared to the respect with which the senate had been treated by the Roman princes who adopted the policy of Augustus. Within the space of fifty years, a philosophic spectator of the vicissitudes of human affairs might have contemplated Tacitus in the senate of Rome, and Constantine in the council of Nice. The fathers of the Capitol and those of the church had alike degenerated from the virtues of their founders; but as the bishops were more deeply rooted in the public opinion, they sustained their dignity with more decent pride, and sometimes opposed with a manly spirit the wishes of their sovereign. The progress of time and superstition erased the memory of the weakness, the passion, the ignorance, which disgraced these ecclesiastical synods; and the Catholic world has unanimously submitted 129 to the infallible decrees of the general councils. 130
七、基督教这个“共和国”的代表们,每年春秋两季照例聚会一次;这些宗教会议把教会纪律与立法的精神,播散到罗马世界的一百二十个行省。125 大主教或都主教依法有权召集本省辖下的各主教,审查他们的行止,维护他们的权利,申明他们的信仰,并考核那些由教士与民众推选、以填补主教团空缺的候选人是否称职。罗马、亚历山大里亚、安条克、迦太基以及后来君士坦丁堡的首席主教,掌握着更为宽广的管辖权,得以召集其辖下众多主教举行大会。但召集盛大而非常规的宗教会议,则是皇帝一人独有的特权。每逢教会遇有紧急情形、非采此断然之举不可,皇帝便向各行省的主教或其代表发出不容违抗的召集令,同时下令供其使用驿马,并拨给一笔足够的旅费津贴。早年间,君士坦丁还只是基督教的保护者、而非皈依者,他把阿非利加的那桩争端交付阿尔勒会议裁处;约克、特里尔、米兰与迦太基的主教们,在会上以友人和弟兄的身份相聚,用本地的语言商讨拉丁教会(即西方教会)的共同利害。126 十一年之后,一场规模更大、声名更著的大会在比提尼亚的尼西亚召开,要以其最终裁决平息埃及境内围绕三位一体而起的种种精微争论。三百一十八位主教应这位宽厚君主之召而来;各种品级、各种派别、各种教派的教士,据估算共达两千零四十八人;127 希腊教士亲身与会,拉丁教会的赞同则由罗马教宗的使节代为表达。会期约两个月,皇帝屡屡驾临,为之增光。他把卫士留在门外,经会议许可,独自在大厅中央一张矮凳上落座。君士坦丁耐心聆听,谦逊发言;他一面左右着辩论的走向,一面又谦卑地自称,对于这些使徒的继承人,他只是仆役而非裁判——这些人已被立为人间的祭司,乃至人间的神明。128 一位专制君主,竟对自己治下这样一群既软弱又手无寸铁的臣民集会如此毕恭毕敬,其恭敬之状,唯有当年那些奉行奥古斯都之策的罗马元首对待元老院时的态度堪与相比。在短短五十年间,一位好以哲人眼光旁观世事沧桑的人,本可先看到塔西佗端坐于罗马元老院,再看到君士坦丁现身于尼西亚会议。卡皮托利的元老与教会的教父,同样都背离了各自创立者的德行;但主教们在公众舆论中扎根更深,故而能以较为体面的自尊维系其威严,有时还敢以大丈夫的气概违抗君主的意愿。时间与迷信的推移,抹去了人们对这些宗教会议曾有的软弱、偏执与无知——那些令其蒙羞的往事——从此整个大公教会世界便一致俯首,129 服从各次大公会议那“绝无谬误”的裁定。130
Notes 注释
101
The edict of Milan (de M. P. c. 48) acknowledges, by reciting, that there existed a species of landed property, ad jus corporis eorum, id est, ecclesiarum non hominum singulorum pertinentia. Such a solemn declaration of the supreme magistrate must have been received in all the tribunals as a maxim of civil law.
米兰敕令(见 de M. P. c. 48)在复述中承认,确有一类地产 ad jus corporis eorum, id est, ecclesiarum non hominum singulorum pertinentia〔属于团体,即属于教会而非属于个人〕。最高执政者如此郑重的宣告,必定被各级法庭奉为民法上的一条准则。
102
Habeat unusquisque licentiam sanctissimo Catholicæ (ecclesiæ) venerabilique concilio, decedens bonorum quod optavit relinquere. Cod. Theodos. l. xvi. tit. ii. leg. 4. This law was published at Rome, A. D. 321, at a time when Constantine might foresee the probability of a rupture with the emperor of the East.
Habeat unusquisque licentiam sanctissimo Catholicæ (ecclesiæ) venerabilique concilio, decedens bonorum quod optavit relinquere.〔人人皆有权在临终之际,将其所愿的财物遗留给至圣的大公(教会)及可敬的教团。〕Cod. Theodos. l. xvi. tit. ii. leg. 4. 此法于公元 321 年颁布于罗马,其时君士坦丁或已预见到与东方皇帝决裂的可能。
103
Eusebius, Hist. Eccles. l. x. 6; in Vit. Constantin. l. iv. c. 28. He repeatedly expatiates on the liberality of the Christian hero, which the bishop himself had an opportunity of knowing, and even of lasting.
Eusebius, Hist. Eccles. l. x. 6; in Vit. Constantin. l. iv. c. 28. 他一再铺陈这位基督教英雄的慷慨;对于这份慷慨,主教本人不但有机会亲眼见识,甚至还亲口尝到过。
104
Eusebius, Hist. Eccles. l. x. c. 2, 3, 4. The bishop of Cæsarea who studied and gratified the taste of his master, pronounced in public an elaborate description of the church of Jerusalem, (in Vit Cons. l. vi. c. 46.) It no longer exists, but he has inserted in the life of Constantine (l. iii. c. 36) a short account of the architecture and ornaments. He likewise mentions the church of the Holy Apostles at Constantinople, (l. iv. c. 59.)
Eusebius, Hist. Eccles. l. x. c. 2, 3, 4. 这位凯撒里亚的主教一向揣摩并迎合其主上的趣味,曾公开发表过一篇对耶路撒冷教堂的详尽描述(in Vit. Cons. l. vi. c. 46)。该文今已不存,但他在《君士坦丁传》(l. iii. c. 36)中插入了一段关于其建筑与装饰的简短记述。他还提到君士坦丁堡的圣使徒教堂(l. iv. c. 59)。
105
See Justinian. Novell. cxxiii. 3. The revenue of the patriarchs, and the most wealthy bishops, is not expressed: the highest annual valuation of a bishopric is stated at thirty, and the lowest at two, pounds of gold; the medium might be taken at sixteen, but these valuations are much below the real value.
参见 Justinian. Novell. cxxiii. 3. 宗主教及最富有的主教,其收入并未列出:一处主教区每年估值最高者定为三十磅黄金,最低者两磅,取其中数或为十六磅——但这些估值都远低于实际价值。
106
See Baronius, (Annal. Eccles. A. D. 324, No. 58, 65, 70, 71.) Every record which comes from the Vatican is justly suspected; yet these rent-rolls have an ancient and authentic color; and it is at least evident, that, if forged, they were forged in a period when farms not kingdoms, were the objects of papal avarice.
参见 Baronius (Annal. Eccles. A. D. 324, No. 58, 65, 70, 71)。凡出自梵蒂冈的记录都理当受到怀疑;然而这些租册透着一股古老而真实的气息;至少有一点是显然的:即便是伪造,也是在教宗的贪欲还只盯着田庄、而非王国的年代里伪造出来的。
107
See Thomassin, Discipline de l’Eglise, tom. iii. l. ii. c. 13, 14, 15, p. 689-706. The legal division of the ecclesiastical revenue does not appear to have been established in the time of Ambrose and Chrysostom. Simplicius and Gelasius, who were bishops of Rome in the latter part of the fifth century, mention it in their pastoral letters as a general law, which was already confirmed by the custom of Italy.
参见 Thomassin, Discipline de l’Eglise, tom. iii. l. ii. c. 13, 14, 15, p. 689-706. 教会收入的这种法定划分,似乎在安布罗斯与克里索斯托的时代尚未确立。五世纪后期先后出任罗马主教的辛普利丘斯与格拉修,在其牧函中提到此制,视之为一条普遍的法规,且早已为意大利的习俗所确认。
108
Ambrose, the most strenuous assertor of ecclesiastical privileges, submits without a murmur to the payment of the land tax. “Si tri butum petit Imperator, non negamus; agri ecclesiæ solvunt tributum solvimus quæ sunt Cæsaris Cæsari, et quæ sunt Dei Deo; tributum Cæsaris est; non negatur.” Baronius labors to interpret this tribute as an act of charity rather than of duty, (Annal. Eccles. A. D. 387;) but the words, if not the intentions of Ambrose are more candidly explained by Thomassin, Discipline de l’Eglise, tom. iii. l. i. c. 34. p. 668.
安布罗斯身为教会特权最竭力的维护者,却毫无怨言地缴纳土地税。“Si tributum petit Imperator, non negamus; agri ecclesiæ solvunt tributum; solvimus quæ sunt Cæsaris Cæsari, et quæ sunt Dei Deo; tributum Cæsaris est; non negatur.”〔皇帝若征税,我们并不拒绝;教会的田产照缴其税;恺撒之物当归恺撒,上帝之物当归上帝;税乃恺撒之物,自不推辞。〕巴罗尼乌斯竭力把这笔税款解释为出于施舍、而非出于义务(Annal. Eccles. A. D. 387);但安布罗斯这番话——纵然未必是其本意——经 Thomassin(Discipline de l’Eglise, tom. iii. l. i. c. 34. p. 668)解说得更为坦诚。
109
In Ariminense synodo super ecclesiarum et clericorum privilegiis tractatu habito, usque eo dispositio progressa est, ut juqa quæ viderentur ad ecclesiam pertinere, a publica functione cessarent inquietudine desistente; quod nostra videtur dudum sanctio repulsisse. Cod. Theod. l. xvi. tit. ii. leg. 15. Had the synod of Rimini carried this point, such practical merit might have atoned for some speculative heresies.
In Ariminense synodo super ecclesiarum et clericorum privilegiis tractatu habito, usque eo dispositio progressa est, ut juga quæ viderentur ad ecclesiam pertinere, a publica functione cessarent inquietudine desistente; quod nostra videtur dudum sanctio repulsisse.〔在里米尼会议上就教会与教士的特权展开讨论时,其提议竟至如此地步:凡看似属于教会的田亩,一律免除公共赋役,不再受其困扰;而此议,我方的敕令早已明令驳回。〕Cod. Theod. l. xvi. tit. ii. leg. 15. 倘若里米尼会议当真达成了这一点,如此实实在在的功劳,或许还能抵偿几分思辨上的异端之罪。
110
From Eusebius (in Vit. Constant. l. iv. c. 27) and Sozomen (l. i. c. 9) we are assured that the episcopal jurisdiction was extended and confirmed by Constantine; but the forgery of a famous edict, which was never fairly inserted in the Theodosian Code (see at the end, tom. vi. p. 303,) is demonstrated by Godefroy in the most satisfactory manner. It is strange that M. de Montesquieu, who was a lawyer as well as a philosopher, should allege this edict of Constantine (Esprit des Loix, l. xxix. c. 16) without intimating any suspicion.
优西比乌(in Vit. Constant. l. iv. c. 27)与索佐门(l. i. c. 9)都向我们担保,主教的司法权确经君士坦丁扩充并确认;但有一道著名的敕令其实纯属伪造——它从未被正式载入《狄奥多西法典》(参见卷末,tom. vi. p. 303)——戈德弗鲁瓦已对此作了最令人信服的证明。奇怪的是,孟德斯鸠身兼法学家与哲人,却援引这道所谓君士坦丁敕令(Esprit des Loix, l. xxix. c. 16),竟丝毫不流露怀疑。
111
The subject of ecclesiastical jurisdiction has been involved in a mist of passion, of prejudice, and of interest. Two of the fairest books which have fallen into my hands, are the Institutes of Canon Law, by the Abbé de Fleury, and the Civil History of Naples, by Giannone. Their moderation was the effect of situation as well as of temper. Fleury was a French ecclesiastic, who respected the authority of the parliaments; Giannone was an Italian lawyer, who dreaded the power of the church. And here let me observe, that as the general propositions which I advance are the result of many particular and imperfect facts, I must either refer the reader to those modern authors who have expressly treated the subject, or swell these notes disproportioned size.
教会司法权这一题目,向来笼罩在激情、偏见与私利的迷雾之中。落到我手里最为公允的两部书,一是弗勒里神父的《教会法原理》,二是詹诺内的《那不勒斯民政史》。他们的持平,既出于各自的处境,也出于各自的性情。弗勒里是尊重高等法院权威的法国教士,詹诺内则是畏惧教会权势的意大利法学家。这里我不妨说明:我所提出的这些一般性论断,既然是由许许多多具体而残缺的事实归纳而来,那么我要么请读者去查阅那些专论此题的近人著作,要么就得把这些注释撑到不成比例的篇幅。
112
Tillemont has collected from Rufinus, Theodoret, &c., the sentiments and language of Constantine. Mém Eccles tom. iii p. 749, 759.
蒂耶蒙从鲁菲努斯、狄奥多勒等人那里,辑录了君士坦丁的这些看法与言辞。Mém. Eccles. tom. iii. p. 749, 759.
113
See Cod. Theod. l. ix. tit. xlv. leg. 4. In the works of Fra Paolo. (tom. iv. p. 192, &c.,) there is an excellent discourse on the origin, claims, abuses, and limits of sanctuaries. He justly observes, that ancient Greece might perhaps contain fifteen or twenty azyla or sanctuaries; a number which at present may be found in Italy within the walls of a single city.
参见 Cod. Theod. l. ix. tit. xlv. leg. 4. 弗拉·保罗的著作(tom. iv. p. 192 等处)中有一篇论避难所之起源、主张、流弊与限度的精彩论述。他中肯地指出:古希腊全境或许总共只有十五到二十处 azyla〔即避难所〕;而如今在意大利,单单一座城的城墙之内就能找到这么多。
114
The penitential jurisprudence was continually improved by the canons of the councils. But as many cases were still left to the discretion of the bishops, they occasionally published, after the example of the Roman Prætor, the rules of discipline which they proposed to observe. Among the canonical epistles of the fourth century, those of Basil the Great were the most celebrated. They are inserted in the Pandects of Beveridge, (tom. ii. p. 47-151,) and are translated by Chardon, Hist. des Sacremens, tom. iv. p. 219-277.
忏悔方面的法理,因历次会议的教规而不断完善。但既然仍有许多案情留待主教自行裁量,他们便时而仿效罗马裁判官的做法,公布自己打算遵行的一套规条。四世纪的教规书信中,以大巴西尔的书信最负盛名。这些书信收入贝弗里奇编纂的《汇纂》(Pandects, tom. ii. p. 47-151),并由沙尔东译出,见 Hist. des Sacremens, tom. iv. p. 219-277.
115
Basil, Epistol. xlvii. in Baronius, (Annal. Eccles. A. D. 370. N. 91,) who declares that he purposely relates it, to convince govern that they were not exempt from a sentence of excommunication his opinion, even a royal head is not safe from the thunders of the Vatican; and the cardinal shows himself much more consistent than the lawyers and theologians of the Gallican church.
Basil, Epistol. xlvii., in Baronius (Annal. Eccles. A. D. 370. N. 91)。巴罗尼乌斯声明,他有意记下此事,为的是让各地长官明白:他们并不能豁免于逐出教会的处分。在他看来,纵然是戴王冠的头颅,也难保不遭梵蒂冈雷霆的轰击;这位枢机的立场,比高卢教会那些法学家与神学家要一贯得多。
116
The long series of his ancestors, as high as Eurysthenes, the first Doric king of Sparta, and the fifth in lineal descent from Hercules, was inscribed in the public registers of Cyrene, a Lacedæmonian colony. (Synes. Epist. lvii. p. 197, edit. Petav.) Such a pure and illustrious pedigree of seventeen hundred years, without adding the royal ancestors of Hercules, cannot be equalled in the history of mankind.
他那一长串祖先的世系,上溯至欧律斯忒涅斯——斯巴达首位多利安国王、赫拉克勒斯直系的第五代子孙——被载于昔兰尼(一处拉刻代蒙人的殖民地)的官方名册(Synes. Epist. lvii. p. 197, edit. Petav.)。如此纯正而显赫的谱系,绵延一千七百年,还未算上赫拉克勒斯本人那些王室先祖,在人类历史上堪称无与伦比。
117
Synesius (de Regno, p. 2) pathetically deplores the fallen and ruined state of Cyrene, [**Greek]. Ptolemais, a new city, 82 miles to the westward of Cyrene, assumed the metropolitan honors of the Pentapolis, or Upper Libya, which were afterwards transferred to Sozusa.
辛奈西乌斯(de Regno, p. 2)沉痛地哀叹昔兰尼衰败倾颓的景况〔原文此处为一段希腊文〕。托勒迈斯是一座新城,位于昔兰尼以西八十二英里,接过了五城地区(即上利比亚)都主教的尊荣;此尊荣后来又转予索祖萨。
118
Synesius had previously represented his own disqualifications. He loved profane studies and profane sports; he was incapable of supporting a life of celibacy; he disbelieved the resurrection; and he refused to preach fables to the people unless he might be permitted to philosophize at home. Theophilus primate of Egypt, who knew his merit, accepted this extraordinary compromise.
辛奈西乌斯此前曾陈述过自己何以不配此职:他喜好世俗的学问与世俗的游乐;他无法忍受独身的生活;他不信复活之说;他还拒绝向民众宣讲那些无稽之谈,除非获准在家中钻研哲理。埃及的首席主教塞奥菲鲁斯深知其才,便接受了这桩非同寻常的折中安排。
119
The promotion of Andronicus was illegal; since he was a native of Berenice, in the same province. The instruments of torture are curiously specified; the press that variously pressed on distended the fingers, the feet, the nose, the ears, and the lips of the victims.
安德罗尼库斯的擢升本属违法,因为他是同一行省贝勒尼刻城的本地人。那些刑具被一一细致地列出:有一种压夹机,能以种种方式挤压或撑扯受刑者的手指、脚、鼻、耳与嘴唇。
120
The sentence of excommunication is expressed in a rhetorical style. (Synesius, Epist. lviii. p. 201-203.) The method of involving whole families, though somewhat unjust, was improved into national interdicts.
这道逐出教会的判决,措辞极富修辞色彩(Synesius, Epist. lviii. p. 201-203)。这种株连全家的做法,虽说有几分不公,后来却被发扬光大,酿成了针对整个民族的禁罚。
121
See Synesius, Epist. xlvii. p. 186, 187. Epist. lxxii. p. 218, 219 Epist. lxxxix. p. 230, 231.
参见 Synesius, Epist. xlvii. p. 186, 187;Epist. lxxii. p. 218, 219;Epist. lxxxix. p. 230, 231.
122
See Thomassin (Discipline de l’Eglise, tom. ii. l. iii. c. 83, p. 1761-1770,) and Bingham, (Antiquities, vol. i. l. xiv. c. 4, p. 688- 717.) Preaching was considered as the most important office of the bishop but this function was sometimes intrusted to such presbyters as Chrysostom and Augustin.
参见 Thomassin(Discipline de l’Eglise, tom. ii. l. iii. c. 83, p. 1761-1770)与 Bingham(Antiquities, vol. i. l. xiv. c. 4, p. 688-717)。讲道被视为主教最重要的职务,但这一职能有时也委托给克里索斯托、奥古斯丁这样的长老去担任。
123
Queen Elizabeth used this expression, and practised this art whenever she wished to prepossess the minds of her people in favor of any extraordinary measure of government. The hostile effects of this music were apprehended by her successor, and severely felt by his son. “When pulpit, drum ecclesiastic,” &c. See Heylin’s Life of Archbishop Laud, p. 153.
伊丽莎白女王用过这个说法,且每当她想让臣民预先倾心于某项非常的施政举措时,便施展这套手法。这种“音乐”的敌对效应,为她的继任者所察觉,又被其子深深领受。“当讲坛化作教会的战鼓”云云。参见 Heylin’s Life of Archbishop Laud, p. 153.
124
Those modest orators acknowledged, that, as they were destitute of the gift of miracles, they endeavored to acquire the arts of eloquence.
那些谦逊的演说家承认:既然自己没有行神迹的天赋,便只好努力去习得雄辩的技艺。
125
The council of Nice, in the fourth, fifth, sixth, and seventh canons, has made some fundamental regulations concerning synods, metropolitan, and primates. The Nicene canons have been variously tortured, abused, interpolated, or forged, according to the interest of the clergy. The Suburbicarian churches, assigned (by Rufinus) to the bishop of Rome, have been made the subject of vehement controversy (See Sirmond, Opera, tom. iv. p. 1-238.)
尼西亚会议在第四、五、六、七条教规中,就宗教会议、都主教与首席主教作了若干根本性的规定。这些尼西亚教规,则依教士各自的利害而被人以种种方式曲解、滥用、窜改乃至伪造。鲁菲努斯划归罗马主教管辖的那些 Suburbicarian〔近郊〕教会,也曾引发激烈的争论(参见 Sirmond, Opera, tom. iv. p. 1-238)。
126
We have only thirty-three or forty-seven episcopal subscriptions: but Addo, a writer indeed of small account, reckons six hundred bishops in the council of Arles. Tillemont, Mém. Eccles. tom. vi. p. 422.
我们手头只有三十三或四十七份主教签署;但阿多——一位确实无足轻重的作者——却把阿尔勒会议的主教人数算作六百。Tillemont, Mém. Eccles. tom. vi. p. 422.
127
See Tillemont, tom. vi. p. 915, and Beausobre, Hist. du Mani cheisme, tom i p. 529. The name of bishop, which is given by Eusychius to the 2048 ecclesiastics, (Annal. tom. i. p. 440, vers. Pocock,) must be extended far beyond the limits of an orthodox or even episcopal ordination.
参见 Tillemont, tom. vi. p. 915,及 Beausobre, Hist. du Manichéisme, tom. i. p. 529. 欧提基乌斯把“主教”之名冠于那两千零四十八名教士(Annal. tom. i. p. 440, vers. Pocock),此名的含义必定远远超出了正统、乃至主教品级授任的界限。
128
See Euseb. in Vit. Constantin. l. iii. c. 6-21. Tillemont, Mém. Ecclésiastiques, tom. vi. p. 669-759.
参见 Euseb. in Vit. Constantin. l. iii. c. 6-21. Tillemont, Mém. Ecclésiastiques, tom. vi. p. 669-759.
129
Sancimus igitur vicem legum obtinere, quæ a quatuor Sanctis Conciliis.... expositæ sunt act firmatæ. Prædictarum enim quat uor synodorum dogmata sicut sanctas Scripturas et regulas sicut leges observamus. Justinian. Novell. cxxxi. Beveridge (ad Pandect. proleg. p. 2) remarks, that the emperors never made new laws in ecclesiastical matters; and Giannone observes, in a very different spirit, that they gave a legal sanction to the canons of councils. Istoria Civile di Napoli, tom. i. p. 136.
Sancimus igitur vicem legum obtinere, quæ a quatuor Sanctis Conciliis.... expositæ sunt act firmatæ. Prædictarum enim quatuor synodorum dogmata sicut sanctas Scripturas et regulas sicut leges observamus.〔故我等明令:凡由四次神圣会议所阐明并确认者,皆具法律之效力。盖前述四次会议之教义,我等奉之如圣经,守其规条如守法律。〕Justinian. Novell. cxxxi. 贝弗里奇(ad Pandect. proleg. p. 2)评论说,历代皇帝从未在教会事务上另立新法;而詹诺内则以颇为不同的口吻指出,他们不过是给历次会议的教规赋予了法律效力。Istoria Civile di Napoli, tom. i. p. 136.
130
See the article Concile in the Eucyclopedie, tom. iii. p. 668-879, edition de Lucques. The author, M. de docteur Bouchaud, has discussed, according to the principles of the Gallican church, the principal questions which relate to the form and constitution of general, national, and provincial councils. The editors (see Preface, p. xvi.) have reason to be proud of this article. Those who consult their immense compilation, seldom depart so well satisfied.
参见《百科全书》中“Concile”(会议)词条,tom. iii. p. 668-879,卢卡版。作者布沙博士依据高卢教会的原则,讨论了有关大公会议、全国会议与教省会议之形式与构成的主要问题。编者们(见序言 p. xvi.)有理由为这一词条自豪。凡查阅其卷帙浩繁之汇编者,鲜有能如此满意而归的。