Chapter XXII: Julian Declared Emperor.—Part IV. 第二十二章 尤利安被拥立为帝——第四节

Chapter XXII: Julian Declared Emperor.—Part IV.

第二十二章 尤利安被拥立为帝——第四节

The numerous army of spies, of agents, and informers enlisted by Constantius to secure the repose of one man, and to interrupt that of millions, was immediately disbanded by his generous successor. Julian was slow in his suspicions, and gentle in his punishments; and his contempt of treason was the result of judgment, of vanity, and of courage. Conscious of superior merit, he was persuaded that few among his subjects would dare to meet him in the field, to attempt his life, or even to seat themselves on his vacant throne. The philosopher could excuse the hasty sallies of discontent; and the hero could despise the ambitious projects which surpassed the fortune or the abilities of the rash conspirators. A citizen of Ancyra had prepared for his own use a purple garment; and this indiscreet action, which, under the reign of Constantius, would have been considered as a capital offence, 68 was reported to Julian by the officious importunity of a private enemy. The monarch, after making some inquiry into the rank and character of his rival, despatched the informer with a present of a pair of purple slippers, to complete the magnificence of his Imperial habit. A more dangerous conspiracy was formed by ten of the domestic guards, who had resolved to assassinate Julian in the field of exercise near Antioch. Their intemperance revealed their guilt; and they were conducted in chains to the presence of their injured sovereign, who, after a lively representation of the wickedness and folly of their enterprise, instead of a death of torture, which they deserved and expected, pronounced a sentence of exile against the two principal offenders. The only instance in which Julian seemed to depart from his accustomed clemency, was the execution of a rash youth, who, with a feeble hand, had aspired to seize the reins of empire. But that youth was the son of Marcellus, the general of cavalry, who, in the first campaign of the Gallic war, had deserted the standard of the Cæsar and the republic. Without appearing to indulge his personal resentment, Julian might easily confound the crime of the son and of the father; but he was reconciled by the distress of Marcellus, and the liberality of the emperor endeavored to heal the wound which had been inflicted by the hand of justice. 69
君士坦提乌斯当年豢养了一大批密探、暗探与告密者,为的是保一人之安寝,却搅得千百万人不得安宁;这支队伍,慷慨的继位者一即位便予以解散。尤利安生性不轻起疑,惩处亦从宽;他之所以不把谋逆放在眼里,既出于明断,也出于自负,更出于胆识。他自知才具过人,深信臣民之中鲜有人敢在战场上与他对阵、敢谋害他的性命,甚至敢去坐一坐他一旦空出的宝座。身为哲人,他能宽宥一时激愤的怨言;身为豪杰,他更不屑于那些狂妄的图谋——那些鲁莽的阴谋者,论际遇或论本事,都远配不上自己所觊觎的大业。安基拉有一位市民,私下为自己备了一件紫袍;这般冒失之举,若在君士坦提乌斯朝中,本足以构成死罪68,如今却由一个与他有私怨的人殷勤献媚、再三聒噪,捅到了尤利安面前。皇帝查问了一番这位“对手”的身份与为人,随即打发那告密者回去,还捎上一双紫色便鞋作为馈赠,好教他那身“帝王行头”更臻齐备。一桩更为凶险的阴谋出自十名宫廷卫士之手:他们密谋要在安条克近郊的校场上行刺尤利安。他们不知节制,酒后失言,露了马脚,遂被戴上镣铐,押到他们意欲加害的君主面前。尤利安把这场阴谋的狠毒与愚蠢痛陈了一番,本该处以酷刑而死——这也是他们咎由自取、意料之中的下场——他却只判为首的两人流放了事。尤利安唯一一次似乎有悖其一贯宽仁的,是处死了一个鲁莽的年轻人:此人不自量力,竟妄想攫取帝国的缰绳。然而这年轻人乃是骑兵统领马塞勒斯之子;当年高卢战事的头一役,正是这位马塞勒斯背弃了恺撒与国家的军旗、临阵脱逃。尤利安大可将父子二人的罪过混为一谈,借处置其子来暗泄私愤而不露痕迹;但马塞勒斯的悲苦终究打动了他,于是这位皇帝慷慨解囊,力图抚平那由公道之手所划下的创伤。69
Julian was not insensible of the advantages of freedom. 70 From his studies he had imbibed the spirit of ancient sages and heroes; his life and fortunes had depended on the caprice of a tyrant; and when he ascended the throne, his pride was sometimes mortified by the reflection, that the slaves who would not dare to censure his defects were not worthy to applaud his virtues. 71 He sincerely abhorred the system of Oriental despotism, which Diocletian, Constantine, and the patient habits of fourscore years, had established in the empire. A motive of superstition prevented the execution of the design, which Julian had frequently meditated, of relieving his head from the weight of a costly diadem; 72 but he absolutely refused the title of Dominus, or Lord, 73 a word which was grown so familiar to the ears of the Romans, that they no longer remembered its servile and humiliating origin. The office, or rather the name, of consul, was cherished by a prince who contemplated with reverence the ruins of the republic; and the same behavior which had been assumed by the prudence of Augustus was adopted by Julian from choice and inclination. On the calends of January, at break of day, the new consuls, Mamertinus and Nevitta, hastened to the palace to salute the emperor. As soon as he was informed of their approach, he leaped from his throne, eagerly advanced to meet them, and compelled the blushing magistrates to receive the demonstrations of his affected humility. From the palace they proceeded to the senate. The emperor, on foot, marched before their litters; and the gazing multitude admired the image of ancient times, or secretly blamed a conduct, which, in their eyes, degraded the majesty of the purple. 74 But the behavior of Julian was uniformly supported. During the games of the Circus, he had, imprudently or designedly, performed the manumission of a slave in the presence of the consul. The moment he was reminded that he had trespassed on the jurisdiction of another magistrate, he condemned himself to pay a fine of ten pounds of gold; and embraced this public occasion of declaring to the world, that he was subject, like the rest of his fellow-citizens, to the laws, 75 and even to the forms, of the republic. The spirit of his administration, and his regard for the place of his nativity, induced Julian to confer on the senate of Constantinople the same honors, privileges, and authority, which were still enjoyed by the senate of ancient Rome. 76 A legal fiction was introduced, and gradually established, that one half of the national council had migrated into the East; and the despotic successors of Julian, accepting the title of Senators, acknowledged themselves the members of a respectable body, which was permitted to represent the majesty of the Roman name. From Constantinople, the attention of the monarch was extended to the municipal senates of the provinces. He abolished, by repeated edicts, the unjust and pernicious exemptions which had withdrawn so many idle citizens from the services of their country; and by imposing an equal distribution of public duties, he restored the strength, the splendor, or, according to the glowing expression of Libanius, 77 the soul of the expiring cities of his empire. The venerable age of Greece excited the most tender compassion in the mind of Julian, which kindled into rapture when he recollected the gods, the heroes, and the men superior to heroes and to gods, who have bequeathed to the latest posterity the monuments of their genius, or the example of their virtues. He relieved the distress, and restored the beauty, of the cities of Epirus and Peloponnesus. 78 Athens acknowledged him for her benefactor; Argos, for her deliverer. The pride of Corinth, again rising from her ruins with the honors of a Roman colony, exacted a tribute from the adjacent republics, for the purpose of defraying the games of the Isthmus, which were celebrated in the amphitheatre with the hunting of bears and panthers. From this tribute the cities of Elis, of Delphi, and of Argos, which had inherited from their remote ancestors the sacred office of perpetuating the Olympic, the Pythian, and the Nemean games, claimed a just exemption. The immunity of Elis and Delphi was respected by the Corinthians; but the poverty of Argos tempted the insolence of oppression; and the feeble complaints of its deputies were silenced by the decree of a provincial magistrate, who seems to have consulted only the interest of the capital in which he resided. Seven years after this sentence, Julian 79 allowed the cause to be referred to a superior tribunal; and his eloquence was interposed, most probably with success, in the defence of a city, which had been the royal seat of Agamemnon, 80 and had given to Macedonia a race of kings and conquerors. 81
自由的可贵,尤利安并非无所体察。70 他自幼从典籍中濡染了古代圣哲与英雄的气概;而他早年的性命与荣辱,却全系于一个暴君的喜怒无常;及至登基,他有时想来仍不免自尊受挫:那班连指摘他过失都不敢的奴才,又哪里配得上颂扬他的德行呢。71 东方式的专制,经戴克里先、君士坦丁两代经营,又靠八十年间臣民逆来顺受的积习,在帝国里牢牢扎下了根;对此,他由衷地深恶痛绝。尤利安屡屡盘算着卸下头上那顶华贵冠冕的重负,只是出于某种迷信的顾虑,这心思终未付诸实行;72 但他断然拒绝Dominus即“主上”的尊号73——这个词罗马人早已听得耳熟,竟至忘了它本出于奴仆屈辱之口。执政官这一职衔——或者说这一名号——为一位君主所珍视:他满怀敬意,凭吊共和国的废墟。当年奥古斯都出于审慎而摆出的那副姿态,尤利安却出于本心的好尚而欣然效法。一月朔日,天刚破晓,新任执政官马梅尔提努斯与涅维塔便匆匆赶到宫中,向皇帝致敬。一听说他们已到,他便从御座上一跃而起,急趋上前相迎,弄得两位执政官满面通红,却又不得不领受他这番刻意做出的谦恭。一行人从宫中前往元老院。皇帝竟徒步走在他们的舆轿之前;围观的人群,有的叹赏这仿佛重现的古风,有的却暗自非议,觉得这般举动有失帝王紫袍的威仪。74 然而尤利安始终不改其态,前后如一。一次竞技场赛会上,他当着执政官的面为一名奴隶行了释放之礼——是失于检点,抑或有意为之,就不得而知了。经人提醒,他这才意识到自己竟侵越了另一位长官的职权,当即自罚黄金十磅;他还借这一公开的场合向天下宣示:他与其余同胞一样,都要服从共和国的法律75,甚至连其种种礼法程式也一体遵行。尤利安施政的宗旨,加之他对故乡的眷顾,促使他把古罗马元老院至今仍享的种种尊荣、特权与权柄,一并授予君士坦丁堡的元老院。76 于是便有了一种法律拟制,并渐渐确立下来:仿佛国家的元老院已有一半迁到了东方;尤利安以后那些专制的继位者,也乐得接受“元老”的头衔,自认是这一尊贵团体的成员——这一团体获准代表“罗马”二字的威严。从君士坦丁堡起,皇帝的关注又推及各行省的市议会。他接连颁下敕令,废除了那些既不公又贻害的免役特权——正是这些特权,使得众多游手好闲之辈得以逃避为国家效力;他又责令公共义务人人均摊,由此重新振起了帝国内那些行将凋敝的城市的力量与光彩,或者照利巴尼乌斯那热烈的说法77,重新唤回了它们的灵魂。希腊那令人肃然起敬的悠远古老,在尤利安心中激起最温柔的悯惜;而一旦忆及那里的众神、英雄,以及那些比英雄乃至神明还要伟大的人物——他们为最遥远的后世留下了或才华的丰碑、或德行的典范——他的悯惜便化作了满腔的神往。伊庇鲁斯与伯罗奔尼撒诸城的困厄,他为之纾解;它们昔日的秀美,他为之重光。78 雅典尊他为恩主,阿尔戈斯奉他为拯救者。科林斯从废墟中重新崛起,以罗马殖民地的荣光而自矜;它向邻近各城邦征收一项贡赋,用以支办地峡赛会——赛会在圆形竞技场中举行,节目便是猎熊斗豹。埃利斯、德尔斐与阿尔戈斯三城,自远祖世代承袭着主办奥林匹亚、皮提亚与尼米亚赛会的神圣职守,遂据此要求豁免这项贡赋,原也在情理之中。科林斯人尊重埃利斯与德尔斐的豁免;唯独阿尔戈斯家底贫寒,反倒招来了骄横的欺凌;阿尔戈斯使者软弱无力的申诉,被一纸行省长官的裁决压了下去——这位长官,看来只顾着他所驻的省城的利益。此案判决七年之后,尤利安79 准许将它移交上级法庭复审;他更亲自为这座城市仗义执言,而且十有八九是奏了效的——这座城,曾是阿伽门农的王都80,又曾为马其顿孕育了一脉君王与征服者。81
The laborious administration of military and civil affairs, which were multiplied in proportion to the extent of the empire, exercised the abilities of Julian; but he frequently assumed the two characters of Orator 82 and of Judge, 83 which are almost unknown to the modern sovereigns of Europe. The arts of persuasion, so diligently cultivated by the first Cæsars, were neglected by the military ignorance and Asiatic pride of their successors; and if they condescended to harangue the soldiers, whom they feared, they treated with silent disdain the senators, whom they despised. The assemblies of the senate, which Constantius had avoided, were considered by Julian as the place where he could exhibit, with the most propriety, the maxims of a republican, and the talents of a rhetorician. He alternately practised, as in a school of declamation, the several modes of praise, of censure, of exhortation; and his friend Libanius has remarked, that the study of Homer taught him to imitate the simple, concise style of Menelaus, the copiousness of Nestor, whose words descended like the flakes of a winter’s snow, or the pathetic and forcible eloquence of Ulysses. The functions of a judge, which are sometimes incompatible with those of a prince, were exercised by Julian, not only as a duty, but as an amusement; and although he might have trusted the integrity and discernment of his Prætorian præfects, he often placed himself by their side on the seat of judgment. The acute penetration of his mind was agreeably occupied in detecting and defeating the chicanery of the advocates, who labored to disguise the truths of facts, and to pervert the sense of the laws. He sometimes forgot the gravity of his station, asked indiscreet or unseasonable questions, and betrayed, by the loudness of his voice, and the agitation of his body, the earnest vehemence with which he maintained his opinion against the judges, the advocates, and their clients. But his knowledge of his own temper prompted him to encourage, and even to solicit, the reproof of his friends and ministers; and whenever they ventured to oppose the irregular sallies of his passions, the spectators could observe the shame, as well as the gratitude, of their monarch. The decrees of Julian were almost always founded on the principles of justice; and he had the firmness to resist the two most dangerous temptations, which assault the tribunal of a sovereign, under the specious forms of compassion and equity. He decided the merits of the cause without weighing the circumstances of the parties; and the poor, whom he wished to relieve, were condemned to satisfy the just demands of a wealthy and noble adversary. He carefully distinguished the judge from the legislator; 84 and though he meditated a necessary reformation of the Roman jurisprudence, he pronounced sentence according to the strict and literal interpretation of those laws, which the magistrates were bound to execute, and the subjects to obey.
军政民政,千头万绪,又随帝国的辽阔而愈加繁重;操持这一切,正好施展了尤利安的才干;但他还常常兼扮两种角色——演说家82 与法官83,这在近代欧洲的君主中几乎是闻所未闻的。劝服之术,最初几位恺撒曾勤加研习,后来的继位者却或因行伍出身而不学无术,或因东方式的倨傲而不屑一顾,任其荒废;他们即便肯屈尊向士兵发表演说——那是他们所畏惧的——对元老们却只报以无言的轻蔑,因为元老是他们所瞧不起的。元老院的集会,君士坦提乌斯避之唯恐不及,尤利安却视为最适宜的场合,好在此既展现共和之士的信条,又一显雄辩家的本领。他就像在演说学堂里操演一般,轮番施展颂扬、责难、劝勉等种种口才;他的友人利巴尼乌斯就曾评点道:研读荷马,教会了他时而摹墨涅拉俄斯的简练明快,时而学涅斯托耳的滔滔不绝——其言辞如冬日雪片纷纷洒落——时而又效奥德修斯那既动人又雄劲的辩才。法官之职,有时与君主之位并不相容;尤利安却行使得津津有味,不单当作一份职责,竟当作一桩乐事;他手下的禁卫军长官,论清正与明察本可放心倚重,他却每每亲自坐到他们身旁的审判席上。讼师们百般设法掩盖事实真相、曲解律条本意,而他那敏锐洞彻的心思,一一将其诡计识破挫败,并以此为乐。他有时忘了自己身份的庄重,问出些冒失或不合时宜的话来;声音之高、身子之激动,更泄露出他为坚持己见而据理力争的那股热切劲头——不论对方是同席的法官、辩护的讼师,还是他们的当事人。但他深知自己的脾性,故而鼓励、乃至恳请友人与臣僚对他直言规谏;每当他们敢于顶撞他那不时失控的意气,旁观者便能看出这位君主既面带愧色,又满怀感激。尤利安的判决,几乎无不以公道为本;有两样最危险的诱惑,常打着悲悯与公平的幌子来侵扰君主的法庭,他却有那份定力将其一一顶住。他只就案情本身的是非曲直裁断,而不去掂量当事双方的境遇如何;纵是他一心想周济的穷人,只要富贵的对造所求于法有据,他也照样判其如数履行。他把法官与立法者的分际划得清清楚楚;84 故而,尽管他也在谋划对罗马法律作一番必要的厘革,断案时却仍严格依照那些律条的字面本义来定夺——这些律条,原是官吏必须执行、臣民必须遵从的。
The generality of princes, if they were stripped of their purple, and cast naked into the world, would immediately sink to the lowest rank of society, without a hope of emerging from their obscurity. But the personal merit of Julian was, in some measure, independent of his fortune. Whatever had been his choice of life, by the force of intrepid courage, lively wit, and intense application, he would have obtained, or at least he would have deserved, the highest honors of his profession; and Julian might have raised himself to the rank of minister, or general, of the state in which he was born a private citizen. If the jealous caprice of power had disappointed his expectations, if he had prudently declined the paths of greatness, the employment of the same talents in studious solitude would have placed beyond the reach of kings his present happiness and his immortal fame. When we inspect, with minute, or perhaps malevolent attention, the portrait of Julian, something seems wanting to the grace and perfection of the whole figure. His genius was less powerful and sublime than that of Cæsar; nor did he possess the consummate prudence of Augustus. The virtues of Trajan appear more steady and natural, and the philosophy of Marcus is more simple and consistent. Yet Julian sustained adversity with firmness, and prosperity with moderation. After an interval of one hundred and twenty years from the death of Alexander Severus, the Romans beheld an emperor who made no distinction between his duties and his pleasures; who labored to relieve the distress, and to revive the spirit, of his subjects; and who endeavored always to connect authority with merit, and happiness with virtue. Even faction, and religious faction, was constrained to acknowledge the superiority of his genius, in peace as well as in war, and to confess, with a sigh, that the apostate Julian was a lover of his country, and that he deserved the empire of the world. 85
寻常的君主,倘若被剥去紫袍、赤条条抛入世间,立刻便会沉沦到社会的最底层,再无出头之日。尤利安的个人才具,却在相当程度上并不倚仗他的际遇。无论他择取何种生涯,凭着那股无畏的勇气、活泼的才思与专注的勤勉,他终会赢得——纵不能赢得,至少也配得上——本行中的至高荣誉;即便生来只是一介布衣,尤利安也大可凭一己之力,在其邦国之内做到大臣或将帅。即或权势者的猜忌反复辜负了他的期望,即或他明智地避开了通往显达的路,那么把这同样的才具用于闭户治学的清寂之中,他今日的安乐与不朽的声名,也将是君王们所望尘莫及的。然而,当我们以细致、乃至或许有几分苛刻的目光去端详尤利安这幅画像时,总觉得这整个形象的优雅与完美,似乎还缺了那么一点什么。论天资的雄浑与崇高,他不及恺撒;论炉火纯青的审慎,他又没有奥古斯都那一份。图拉真的德行显得更为沉稳自然,马可的哲思也更为质朴而一贯。然而,身处逆境,他坚忍不拔;身处顺境,他又有节有度。自亚历山大·塞维鲁之死算起,时隔一百二十年,罗马人才又见到这样一位皇帝:他从不把职责与逸乐分作两桩;他一意为臣民纾困解厄,重振其精神;又始终力求使权位与才德相称,使福乐与善行相连。甚至连党派之争、乃至宗教上的党派之争,也不得不承认他的天资在治世与战阵中皆卓然出众,并且喟然叹服:这位背教的尤利安,毕竟是热爱祖国的,毕竟配得上统御天下。85
... Ductor fortissimus armis; Conditor et legum celeberrimus; ore manûque Consultor patriæ; sed non consultor habendæ Religionis; amans tercentum millia Divûm. Pertidus ille Deo, sed non et perfidus orbi. Prudent. Apotheosis, 450, &c. The consciousness of a generous sentiment seems to have raised the Christian post above his usual mediocrity.]
……Ductor fortissimus armis; Conditor et legum celeberrimus; ore manûque Consultor patriæ; sed non consultor habendæ Religionis; amans tercentum millia Divûm. Pertidus ille Deo, sed non et perfidus orbi.
(论武功,他是战阵之上最勇猛的统帅;论立法,他是举国最负盛名的奠基者;凭三寸之舌与一双巧手,他堪称祖国的良谋栋梁;唯独在护持正教这一桩上,他算不得良谋;他一心钟爱那三十万位神明。他背弃了上帝,却终究不曾背弃这人间尘世。)
——普鲁登修斯《神化篇》,第450行以下。这一番慷慨磊落的情怀,似乎把这位基督教诗人一时抬升到了他平素的平庸水准之上。]

Notes 注释

68
The president Montesquieu (Considerations sur la Grandeur, &c., des Romains, c. xiv. in his works, tom. iii. p. 448, 449,) excuses this minute and absurd tyranny, by supposing that actions the most indifferent in our eyes might excite, in a Roman mind, the idea of guilt and danger. This strange apology is supported by a strange misapprehension of the English laws, “chez une nation.... où il est défendu de boire à la santé d’une certaine personne.”
庭长孟德斯鸠(Considerations sur la Grandeur, &c., des Romains, c. xiv.,见其文集第三卷,页448、449)为这种琐细而荒唐的暴政开脱,他设想:在我们看来最无关紧要的举动,落到罗马人心里,却可能勾起罪愆与危险的联想。这一奇特的辩解,竟建立在对英格兰法律同样奇特的误解之上——他说那是“chez une nation.... où il est défendu de boire à la santé d’une certaine personne”(在一个……禁止为某人祝酒的民族中间)。
69
The clemency of Julian, and the conspiracy which was formed against his life at Antioch, are described by Ammianus (xxii. 9, 10, and Vales, ad loc.) and Libanius, (Orat. Parent. c. 99, p. 323.)
尤利安的宽仁,以及安条克那桩针对他性命的阴谋,阿米阿努斯(xxii. 9, 10,并见瓦莱修斯对该处的注)与利巴尼乌斯(Orat. Parent. c. 99, p. 323)均有记述。
70
According to some, says Aristotle, (as he is quoted by Julian ad Themist. p. 261,) the form of absolute government is contrary to nature. Both the prince and the philosopher choose, how ever to involve this eternal truth in artful and labored obscurity.
亚里士多德说,据某些人的看法,专制政体这一形式是有悖天性的(此语见尤利安《致特米斯提乌斯书》p. 261 的引述)。然而无论是这位君主还是那位哲人,都有意把这条永恒的真理裹进一层精巧而费力的晦涩之中。
71
That sentiment is expressed almost in the words of Julian himself. Ammian. xxii. 10.
这一感想,几乎是尤利安本人的原话。见阿米阿努斯 xxii. 10。
72
Libanius, (Orat. Parent. c. 95, p. 320,) who mentions the wish and design of Julian, insinuates, in mysterious language that the emperor was restrained by some particular revelation.
利巴尼乌斯(Orat. Parent. c. 95, p. 320)提到了尤利安的这一心愿与打算,并用一种神秘的口吻暗示:皇帝是受了某种特别的神谕拦阻。
73
Julian in Misopogon, p. 343. As he never abolished, by any public law, the proud appellations of Despot, or Dominus, they are still extant on his medals, (Ducange, Fam. Byzantin. p. 38, 39;) and the private displeasure which he affected to express, only gave a different tone to the servility of the court. The Abbé de la Bleterie (Hist. de Jovien, tom. ii. p. 99-102) has curiously traced the origin and progress of the word Dominus under the Imperial government.
见尤利安《憎须者》p. 343。由于他从未以任何公开的法令废除Despot(主宰)或Dominus(主上)这类高傲的尊号,它们至今仍留存在他的钱币上(Ducange, Fam. Byzantin. p. 38, 39);而他所故作表露的那点私下不悦,不过是给宫廷的谄媚换了个腔调罢了。布莱特里神父(Hist. de Jovien, tom. ii. p. 99-102)饶有兴味地追溯了Dominus一词在帝制之下的由来与流变。
74
Ammian. xxii. 7. The consul Mamertinus (in Panegyr. Vet. xi. 28, 29, 30) celebrates the auspicious day, like an elegant slave, astonished and intoxicated by the condescension of his master.
阿米阿努斯 xxii. 7。执政官马梅尔提努斯(Panegyr. Vet. xi. 28, 29, 30)为这吉祥的一天大唱赞歌,活像个文雅的奴才,被主子的屈尊纡贵惊得如痴如醉。
75
Personal satire was condemned by the laws of the twelve tables: Si male condiderit in quem quis carmina, jus est Judiciumque—Horat. Sat. ii. 1. 82. ——Julian (in Misopogon, p. 337) owns himself subject to the law; and the Abbé de la Bleterie (Hist. de Jovien, tom. ii. p. 92) has eagerly embraced a declaration so agreeable to his own system, and, indeed, to the true spirit of the Imperial constitution.
《十二铜表法》明令禁止针对个人的讽刺:Si male condiderit in quem quis carmina, jus est Judiciumque(若有人作恶诗中伤他人,自有法律与审判制裁)——Horat. Sat. ii. 1. 82。——尤利安(《憎须者》p. 337)自认也要服从这条法律;布莱特里神父(Hist. de Jovien, tom. ii. p. 92)则热切地援引这一声明,因为它太合乎他自己的那套主张,也确实太合乎帝国宪制的真精神了。
76
Zosimus, l. iii. p. 158.
佐西莫斯,第三卷,p. 158。
77
See Libanius, (Orat. Parent. c. 71, p. 296,) Ammianus, (xxii. 9,) and the Theodosian Code (l. xii. tit. i. leg. 50-55.) with Godefroy’s Commentary, (tom. iv. p. 390-402.) Yet the whole subject of the Curia, notwithstanding very ample materials, still remains the most obscure in the legal history of the empire.
参见利巴尼乌斯(Orat. Parent. c. 71, p. 296)、阿米阿努斯(xxii. 9)及《狄奥多西法典》(l. xii. tit. i. leg. 50-55)并戈德弗鲁瓦的注疏(tom. iv. p. 390-402)。然而关于Curia(市议会)的整个课题,尽管材料极为丰富,却仍是帝国法制史上最晦暗不明的一环。
78
Quæ paulo ante arida et siti anhelantia visebantur, ea nunc perlui, mundari, madere; Fora, Deambulacra, Gymnasia, lætis et gaudentibus populis frequentari; dies festos, et celebrari veteres, et novos in honorem principis consecrari, (Mamertin. xi. 9.) He particularly restored the city of Nicopolis and the Actiac games, which had been instituted by Augustus.
Quæ paulo ante arida et siti anhelantia visebantur, ea nunc perlui, mundari, madere; Fora, Deambulacra, Gymnasia, lætis et gaudentibus populis frequentari; dies festos, et celebrari veteres, et novos in honorem principis consecrari(不久前还只见一片干枯、渴得喘不过气的地方,如今处处得以灌注、涤净、润泽;广场、回廊、体育场里,重又挤满了欢欣鼓舞的人群;古老的节庆恢复举行,新的节庆也为尊奉君王而设立)——见 Mamertin. xi. 9。他尤其重建了尼科波利斯城,并恢复了奥古斯都当年创设的亚克兴赛会。
79
Julian. Epist. xxxv. p. 407-411. This epistle, which illustrates the declining age of Greece, is omitted by the Abbé de la Bleterie, and strangely disfigured by the Latin translator, who, by rendering tributum, and populus, directly contradicts the sense of the original.
尤利安《书信集》第三十五封,p. 407-411。这封信可以见出希腊那衰颓的暮年景象,布莱特里神父却把它略去未收;而那位拉丁文译者更把它糟蹋得面目全非——他将原文译作tributum(贡赋)与populus(民众),恰恰与原意背道而驰。
80
He reigned in Mycenæ at the distance of fifty stadia, or six miles from Argos: but these cities, which alternately flourished, are confounded by the Greek poets. Strabo, l. viii. p. 579, edit. Amstel. 1707.
他(阿伽门农)的王都在迈锡尼,距阿尔戈斯约五十斯塔德,合六英里;但这两座城此兴彼衰、交替繁荣,希腊诗人常将二者混为一谈。斯特拉波,第八卷,p. 579,阿姆斯特丹1707年版。
81
Marsham, Canon. Chron. p. 421. This pedigree from Temenus and Hercules may be suspicious; yet it was allowed, after a strict inquiry, by the judges of the Olympic games, (Herodot. l. v. c. 22,) at a time when the Macedonian kings were obscure and unpopular in Greece. When the Achæan league declared against Philip, it was thought decent that the deputies of Argos should retire, (T. Liv. xxxii. 22.)
马香,Canon. Chron. p. 421。这条上溯至忒墨诺斯与赫拉克勒斯的世系或许可疑;然而经过严格核查,奥林匹亚赛会的裁判们还是予以认可(Herodot. l. v. c. 22)——而那还是在马其顿诸王于希腊尚且默默无闻、不受待见的年代。后来亚该亚同盟宣布与腓力为敌时,人们认为阿尔戈斯的使者理应回避退席(T. Liv. xxxii. 22)。
82
His eloquence is celebrated by Libanius, (Orat. Parent. c. 75, 76, p. 300, 301,) who distinctly mentions the orators of Homer. Socrates (l. iii. c. 1) has rashly asserted that Julian was the only prince, since Julius Cæsar, who harangued the senate. All the predecessors of Nero, (Tacit. Annal. xiii. 3,) and many of his successors, possessed the faculty of speaking in public; and it might be proved by various examples, that they frequently exercised it in the senate.
利巴尼乌斯(Orat. Parent. c. 75, 76, p. 300, 301)盛赞他的口才,并明确提到了荷马笔下的几位善辩者。教会史家苏格拉底(l. iii. c. 1)则贸然断言:自尤利乌斯·恺撒以来,尤利安是唯一在元老院发表演说的君主。其实,尼禄之前历代君主(Tacit. Annal. xiii. 3)以及他之后的许多君主,都具备公开演说的本领;种种事例更可证明,他们时常在元老院一显身手。
83
Ammianus (xxi. 10) has impartially stated the merits and defects of his judicial proceedings. Libanius (Orat. Parent. c. 90, 91, p. 315, &c.) has seen only the fair side, and his picture, if it flatters the person, expresses at least the duties, of the judge. Gregory Nazianzen, (Orat. iv. p. 120,) who suppresses the virtues, and exaggerates even the venial faults of the Apostate, triumphantly asks, whether such a judge was fit to be seated between Minos and Rhadamanthus, in the Elysian Fields.
阿米阿努斯(xxi. 10)秉笔公允,把他审案的长短一并道出。利巴尼乌斯(Orat. Parent. c. 90, 91, p. 315,等等)却只看到光鲜的一面,他这幅画像纵然美化了本人,至少还道出了一位法官应尽的职分。纳齐安的格列高利(Orat. iv. p. 120)则一味抹煞这位背教者的德行,连他那些无伤大雅的小过也极力夸大,得意洋洋地质问道:这样一个法官,配不配在埃律西昂与米诺斯、拉达曼堤斯并坐审判亡魂?
84
Of the laws which Julian enacted in a reign of sixteen months, fifty-four have been admitted into the codes of Theodosius and Justinian. (Gothofred. Chron. Legum, p. 64-67.) The Abbé de la Bleterie (tom. ii. p. 329-336) has chosen one of these laws to give an idea of Julian’s Latin style, which is forcible and elaborate, but less pure than his Greek.
尤利安在位十六个月间所颁的法律,有五十四条被收入了《狄奥多西法典》与《查士丁尼法典》(Gothofred. Chron. Legum, p. 64-67)。布莱特里神父(tom. ii. p. 329-336)选取其中一条,借以让人领略尤利安的拉丁文笔——那文笔遒劲而考究,却不及他的希腊文来得纯正。
85