Chapter XLIX: Conquest Of Italy By The Franks.—Part VI. 第四十九章 法兰克人征服意大利——第六节
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There is nothing perhaps more adverse to nature and reason than to hold in obedience remote countries and foreign nations, in opposition to their inclination and interest. A torrent of Barbarians may pass over the earth, but an extensive empire must be supported by a refined system of policy and oppression; in the centre, an absolute power, prompt in action and rich in resources; a swift and easy communication with the extreme parts; fortifications to check the first effort of rebellion; a regular administration to protect and punish; and a well-disciplined army to inspire fear, without provoking discontent and despair. Far different was the situation of the German Caesars, who were ambitious to enslave the kingdom of Italy. Their patrimonial estates were stretched along the Rhine, or scattered in the provinces; but this ample domain was alienated by the imprudence or distress of successive princes; and their revenue, from minute and vexatious prerogative, was scarcely sufficient for the maintenance of their household. Their troops were formed by the legal or voluntary service of their feudal vassals, who passed the Alps with reluctance, assumed the license of rapine and disorder, and capriciously deserted before the end of the campaign. Whole armies were swept away by the pestilential influence of the climate: the survivors brought back the bones of their princes and nobles, 142 and the effects of their own intemperance were often imputed to the treachery and malice of the Italians, who rejoiced at least in the calamities of the Barbarians. This irregular tyranny might contend on equal terms with the petty tyrants of Italy; nor can the people, or the reader, be much interested in the event of the quarrel. But in the eleventh and twelfth centuries, the Lombards rekindled the flame of industry and freedom; and the generous example was at length imitated by the republics of Tuscany. 1421 In the Italian cities a municipal government had never been totally abolished; and their first privileges were granted by the favor and policy of the emperors, who were desirous of erecting a plebeian barrier against the independence of the nobles. But their rapid progress, the daily extension of their power and pretensions, were founded on the numbers and spirit of these rising communities. 143 Each city filled the measure of her diocese or district: the jurisdiction of the counts and bishops, of the marquises and counts, was banished from the land; and the proudest nobles were persuaded or compelled to desert their solitary castles, and to embrace the more honorable character of freemen and magistrates. The legislative authority was inherent in the general assembly; but the executive powers were intrusted to three consuls, annually chosen from the three orders of captains, valvassors, 144 and commons, into which the republic was divided. Under the protection of equal law, the labors of agriculture and commerce were gradually revived; but the martial spirit of the Lombards was nourished by the presence of danger; and as often as the bell was rung, or the standard 145 erected, the gates of the city poured forth a numerous and intrepid band, whose zeal in their own cause was soon guided by the use and discipline of arms. At the foot of these popular ramparts, the pride of the Caesars was overthrown; and the invincible genius of liberty prevailed over the two Frederics, the greatest princes of the middle age; the first, superior perhaps in military prowess; the second, who undoubtedly excelled in the softer accomplishments of peace and learning.
天下之事,或许没有什么比这更违背天性与常理的了:竟要强令远方的邦国、异族的百姓俯首听命,全然不顾他们自身的意愿与利害。蛮族的洪流固然可以漫过大地,然而幅员辽阔的帝国若要维系下去,非有一套精密的统御压制之术不可:居于中枢者,须握有绝对之权,行事雷厉,府库充盈;与四方极边之间,须音讯往来迅捷通畅;须遍筑城塞,好在叛乱初动之际便将其扼制;须政令有常,既能庇护顺民,又能惩处奸邪;更须有一支纪律严明的劲旅,令人望而生畏,却又不至于把百姓逼到怨恨绝望的境地。而那些一心要把意大利王国收为奴属的日耳曼诸恺撒,其处境却与此大相径庭。他们的世袭领地,或沿莱茵河一线绵延,或散布于各行省之间;然而这片广袤的家业,却被历代君主或因轻率、或因困窘而一再割让殆尽;至于他们的岁入,全靠一些琐碎而恼人的特权征敛而来,勉强连维持宫廷用度都不够。他们的军队,是靠封建附庸依法应征或自愿从军拼凑而成的;这些人越过阿尔卑斯山时百般不情愿,一路纵情劫掠、肆意妄为,往往不等战事结束,便任性地各自散去。意大利的瘴疠水土,常将整支整支的军队席卷而去;侥幸生还者,只能带着本国君侯与贵族的枯骨返归,142 而这些死亡本是他们自己纵欲无度所致,却每每被归咎于意大利人的奸诈与阴毒——意大利人对蛮族遭此劫难,至少是乐见其成的。这样一种杂乱无章的暴政,与意大利那些蕞尔小僭主倒还势均力敌;至于这类争斗孰胜孰负,无论当时的百姓还是今日的读者,都难有多少兴致去关心。然而到了十一、十二世纪,伦巴第人重新点燃了勤勉与自由的火焰;这一慷慨可敬的榜样,终于也为托斯卡纳诸共和国所仿效。1421 在意大利各城邦,市政自治其实从未彻底废止;它们最初的种种特权,本是历代皇帝出于恩宠与谋略而赐予的——皇帝有意扶植起一道平民的壁垒,用以牵制贵族日渐坐大的独立之势。然而这些城邦之所以能迅速壮大、权势与野心日渐膨胀,凭恃的却是这些新兴社群本身的人多势众与蓬勃锐气。143 每一座城市都将自己的势力扩展到本教区或本辖区的边界:无论是伯爵与主教,还是侯爵与伯爵,其一应管辖之权都被逐出了这片土地;就连最高傲的贵族,也或经劝诱、或被强逼,抛下孤零零的城堡,转而欣然接受自由市民与市政官这一更为荣耀的身份。立法之权归于全体公民大会;行政之权则托付给三位执政官,每年从共和国所划分的三个等级中各选一人担任——这三个等级便是显贵首领、次级封臣 144 与平民。在平等法律的庇护之下,农耕与商贸之业渐渐复苏;而伦巴第人的尚武之气,也因危难当前而愈发昂扬。每当警钟敲响、战旗 145 竖起,城门便涌出一支人数众多、无所畏惧的队伍;他们为自身事业而战的满腔热忱,很快便在兵器操演与纪律磨砺之中导上了正轨。就在这些由平民筑起的城垣脚下,诸恺撒的骄矜就此彻底粉碎;自由那不可战胜的伟力,终于压倒了两位腓特烈——中世纪最伟大的两位君主:前者的赫赫武功,或许更胜一筹;后者在和平与学术这类较为温雅的造诣上,则无疑更为出众。
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Ambitious of restoring the splendor of the purple, Frederic the First invaded the republics of Lombardy, with the arts of a statesman, the valor of a soldier, and the cruelty of a tyrant. The recent discovery of the Pandects had renewed a science most favorable to despotism; and his venal advocates proclaimed the emperor the absolute master of the lives and properties of his subjects. His royal prerogatives, in a less odious sense, were acknowledged in the diet of Roncaglia; and the revenue of Italy was fixed at thirty thousand pounds of silver, 146 which were multiplied to an indefinite demand by the rapine of the fiscal officers. The obstinate cities were reduced by the terror or the force of his arms: his captives were delivered to the executioner, or shot from his military engines; and. after the siege and surrender of Milan, the buildings of that stately capital were razed to the ground, three hundred hostages were sent into Germany, and the inhabitants were dispersed in four villages, under the yoke of the inflexible conqueror. 147 But Milan soon rose from her ashes; and the league of Lombardy was cemented by distress: their cause was espoused by Venice, Pope Alexander the Third, and the Greek emperor: the fabric of oppression was overturned in a day; and in the treaty of Constance, Frederic subscribed, with some reservations, the freedom of four-and-twenty cities. His grandson contended with their vigor and maturity; but Frederic the Second 148 was endowed with some personal and peculiar advantages. His birth and education recommended him to the Italians; and in the implacable discord of the two factions, the Ghibelins were attached to the emperor, while the Guelfs displayed the banner of liberty and the church. The court of Rome had slumbered, when his father Henry the Sixth was permitted to unite with the empire the kingdoms of Naples and Sicily; and from these hereditary realms the son derived an ample and ready supply of troops and treasure. Yet Frederic the Second was finally oppressed by the arms of the Lombards and the thunders of the Vatican: his kingdom was given to a stranger, and the last of his family was beheaded at Naples on a public scaffold. During sixty years, no emperor appeared in Italy, and the name was remembered only by the ignominious sale of the last relics of sovereignty.
腓特烈一世一心要重振紫袍皇权昔日的辉煌,遂挥兵进犯伦巴第诸共和国;他兼具政治家的权谋、军人的骁勇与暴君的残忍。《学说汇纂》新近重见天日,使一门最有利于专制的学问重新兴盛起来;那些收受贿赂的法学辩士于是宣称:皇帝乃是臣民生命与财产的绝对主宰。在龙卡利亚的帝国会议上,皇帝的种种王权——以一种不那么可憎的名义——获得了承认;意大利每年应缴的岁入定为三万磅白银,146 可经税吏的巧取豪夺,这笔数目竟膨胀成了漫无止境的勒索。那些顽抗的城市,或慑于兵威、或迫于武力,一一被他制服:俘虏不是遭刽子手处死,便是被绑上攻城器械抛射出去;米兰城历经围攻,终告陷落,这座巍峨的都城随即被夷为平地,三百名人质解往日耳曼,居民则被驱散到四座村庄,套上了这位铁石心肠的征服者强加的枷锁。147 然而米兰很快便从灰烬中重新崛起;共患难的处境,反倒使伦巴第同盟愈加牢固:威尼斯、教宗亚历山大三世以及希腊皇帝,都出面声援他们的事业。那座压迫的大厦,竟在一日之间轰然倾覆;在《康斯坦茨和约》中,腓特烈附带若干保留条件,签字承认了二十四座城市的自由。到了他的孙子这一代,所要对付的,已是这些城邦成熟而鼎盛的势力;不过腓特烈二世 148 自身却也具备某些特殊的有利条件。他的出身与所受的教养,使他颇得意大利人的好感;而在两大党派势不两立的纷争之中,吉伯林派站在皇帝一边,圭尔夫派则高举自由与教会的旗帜。当年罗马教廷一时懈怠疏忽,竟听任他的父亲亨利六世把那不勒斯与西西里两王国并入帝国版图;如今这位儿子便从这两块世袭领地上,源源不断地获得充裕的兵员与钱财。然而腓特烈二世最终仍被伦巴第人的刀兵与梵蒂冈的雷霆震怒压垮:他的王国被赐予了一个外人,他家族的最后一位子嗣,则在那不勒斯的公开刑台上被斩首。此后六十年间,再没有一位皇帝踏足意大利,人们之所以还记得“皇帝”这个名号,也不过是因为那残存主权的最后一点遗物,被可耻地拿去变卖罢了。
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The Barbarian conquerors of the West were pleased to decorate their chief with the title of emperor; but it was not their design to invest him with the despotism of Constantine and Justinian. The persons of the Germans were free, their conquests were their own, and their national character was animated by a spirit which scorned the servile jurisprudence of the new or the ancient Rome. It would have been a vain and dangerous attempt to impose a monarch on the armed freemen, who were impatient of a magistrate; on the bold, who refused to obey; on the powerful, who aspired to command. The empire of Charlemagne and Otho was distributed among the dukes of the nations or provinces, the counts of the smaller districts, and the margraves of the marches or frontiers, who all united the civil and military authority as it had been delegated to the lieutenants of the first Caesars. The Roman governors, who, for the most part, were soldiers of fortune, seduced their mercenary legions, assumed the Imperial purple, and either failed or succeeded in their revolt, without wounding the power and unity of government. If the dukes, margraves, and counts of Germany, were less audacious in their claims, the consequences of their success were more lasting and pernicious to the state. Instead of aiming at the supreme rank, they silently labored to establish and appropriate their provincial independence. Their ambition was seconded by the weight of their estates and vassals, their mutual example and support, the common interest of the subordinate nobility, the change of princes and families, the minorities of Otho the Third and Henry the Fourth, the ambition of the popes, and the vain pursuit of the fugitive crowns of Italy and Rome. All the attributes of regal and territorial jurisdiction were gradually usurped by the commanders of the provinces; the right of peace and war, of life and death, of coinage and taxation, of foreign alliance and domestic economy. Whatever had been seized by violence, was ratified by favor or distress, was granted as the price of a doubtful vote or a voluntary service; whatever had been granted to one could not, without injury, be denied to his successor or equal; and every act of local or temporary possession was insensibly moulded into the constitution of the Germanic kingdom. In every province, the visible presence of the duke or count was interposed between the throne and the nobles; the subjects of the law became the vassals of a private chief; and the standard which he received from his sovereign, was often raised against him in the field. The temporal power of the clergy was cherished and exalted by the superstition or policy of the Carlovingian and Saxon dynasties, who blindly depended on their moderation and fidelity; and the bishoprics of Germany were made equal in extent and privilege, superior in wealth and population, to the most ample states of the military order. As long as the emperors retained the prerogative of bestowing on every vacancy these ecclesiastic and secular benefices, their cause was maintained by the gratitude or ambition of their friends and favorites. But in the quarrel of the investitures, they were deprived of their influence over the episcopal chapters; the freedom of election was restored, and the sovereign was reduced, by a solemn mockery, to his first prayers, the recommendation, once in his reign, to a single prebend in each church. The secular governors, instead of being recalled at the will of a superior, could be degraded only by the sentence of their peers. In the first age of the monarchy, the appointment of the son to the duchy or county of his father, was solicited as a favor; it was gradually obtained as a custom, and extorted as a right: the lineal succession was often extended to the collateral or female branches; the states of the empire (their popular, and at length their legal, appellation) were divided and alienated by testament and sale; and all idea of a public trust was lost in that of a private and perpetual inheritance. The emperor could not even be enriched by the casualties of forfeiture and extinction: within the term of a year, he was obliged to dispose of the vacant fief; and, in the choice of the candidate, it was his duty to consult either the general or the provincial diet.
那些征服了西方的蛮族,乐于用“皇帝”的头衔来为自己的首领增色;但他们本无意让他手握君士坦丁与查士丁尼那样的专制大权。日耳曼人身为自由之身,所征服的疆土也归自己所有;他们的民族禀性中激荡着一股豪气,对新罗马也好、旧罗马也罢那套奴颜婢膝的法理,一概不屑一顾。想要给这样一群人硬塞上一位专制君主,无异于徒劳而又凶险之举:他们是携刀带剑的自由民,连一名寻常官长都难以容忍;他们胆气过人,绝不肯俯首听命;他们势力雄厚,人人都想发号施令。查理曼与奥托的帝国,分授给各族或各行省的公爵、较小辖区的伯爵,以及边区或边陲的边地侯;这些人无不集军政大权于一身,正如当年头一批恺撒授予其麾下将领的那样。昔日的罗马行省总督,大多是些趁乱而起的军人,他们收买手下的雇佣军团,僭披帝王紫袍,起兵作乱,或败或成——但无论成败,都不曾损及政府本身的权力与统一。日耳曼的那些公爵、边地侯与伯爵,其觊觎之心或许不及前者那般明目张胆,然而一旦得逞,其后果对国家而言却更为长久、更为致命。他们并不觊觎至高的皇位,而是不动声色地一步步经营,力图在各自行省中确立并攫取独立的地位。助长他们这份野心的因素不一而足:他们坐拥广大领地与众多附庸,彼此又相互效尤、相互扶持;下层贵族与他们利害相通;皇室屡屡易主、王朝几度更迭;奥托三世与亨利四世即位时都还年幼;教宗们别怀异图;再加上历代皇帝空自追逐着意大利与罗马那两顶转瞬即逝的王冠。于是,这些行省的统治者把王权与领地治权的一应权柄一点点篡夺到手:媾和与开战之权、生杀予夺之权、铸币与征税之权、对外结盟与内政治理之权,无不如此。凡以暴力攫取者,事后总能借皇帝的恩赏或困窘而获得追认,或被当作换取一张犹疑不定的选票、一次自愿效劳的代价而正式授予;而凡是赐给了甲的东西,日后若不照样赐给其继承人或同侪,便被视作一种侵害,断难收回;就这样,每一桩本属地方性的、临时性的占有,都在不知不觉间被熔铸进了日耳曼王国的根本体制之中。在每一个行省,公爵或伯爵都赫然横亘于皇座与贵族之间:本应臣服于国法的百姓,如今成了某个私人首领的附庸;而这首领从君主手中领受的那面军旗,却往往在战场上反过来指向了君主本人。至于教会的世俗权势,则受到加洛林王朝与撒克逊王朝的悉心扶植、抬举——这两个王朝或出于迷信,或出于权谋,一味盲目地指望教士们能守其本分、竭其忠诚;于是日耳曼各主教辖区的疆域之广、特权之厚,堪与军功贵族中最庞大的领地并驾齐驱,而其财富之丰、人口之众,犹有过之。只要皇帝还握有一项特权——每逢这类教职或俗职出缺,便由他来任命填补——那么他们的势力便可凭着亲信宠臣或感恩戴德、或钻营求进之心而得以维系。然而在那场“主教叙任权之争”中,皇帝丧失了对各主教座堂教士团的支配之力;选举的自由得以恢复,而君主所剩的权力,经过一番郑重其事的嘲弄,竟只缩水成了他“最初的祈请权”——即在其整个治世期间,只能向每座教堂各推荐一名领俸教士,且仅此一次。至于那些世俗的治理者,君主再不能凭一己之意随时将其召回撤换,唯有经同侪的裁决,才能将其贬黜。在这君主国的初创时期,让儿子继任其父的公爵领或伯爵领,还须作为一桩恩典去恳求;渐渐地,这便成了约定俗成的惯例,再往后,索性成了强行索取的权利:这种直系承继,还常常延伸到旁系或女系子嗣;帝国的各邦——“邦”这个称呼,起先是民间的俗称,到后来竟成了正式的法定名号——可以凭遗嘱转让、可以买卖分割;于是“公共托付”这一观念,便彻底湮没在“私人永久世袭”的观念之中了。即便遇上领地因罪没收或绝嗣而空出这样的意外之机,皇帝也无从借此获利:他必须在一年之内把这块无主采邑另行分配出去;而在拣选受封人选时,他还有义务征询帝国全体会议或该行省会议的意见。
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After the death of Frederic the Second, Germany was left a monster with a hundred heads. A crowd of princes and prelates disputed the ruins of the empire: the lords of innumerable castles were less prone to obey, than to imitate, their superiors; and, according to the measure of their strength, their incessant hostilities received the names of conquest or robbery. Such anarchy was the inevitable consequence of the laws and manners of Europe; and the kingdoms of France and Italy were shivered into fragments by the violence of the same tempest. But the Italian cities and the French vassals were divided and destroyed, while the union of the Germans has produced, under the name of an empire, a great system of a federative republic. In the frequent and at last the perpetual institution of diets, a national spirit was kept alive, and the powers of a common legislature are still exercised by the three branches or colleges of the electors, the princes, and the free and Imperial cities of Germany. I. Seven of the most powerful feudatories were permitted to assume, with a distinguished name and rank, the exclusive privilege of choosing the Roman emperor; and these electors were the king of Bohemia, the duke of Saxony, the margrave of Brandenburgh, the count palatine of the Rhine, and the three archbishops of Mentz, of Treves, and of Cologne. II. The college of princes and prelates purged themselves of a promiscuous multitude: they reduced to four representative votes the long series of independent counts, and excluded the nobles or equestrian order, sixty thousand of whom, as in the Polish diets, had appeared on horseback in the field of election. III. The pride of birth and dominion, of the sword and the mitre, wisely adopted the commons as the third branch of the legislature, and, in the progress of society, they were introduced about the same aera into the national assemblies of France England, and Germany.
腓特烈二世死后,日耳曼便沦为一头长着上百个脑袋的怪兽。一大群诸侯与高级教士争夺着帝国的残骸;数不清的城堡主,与其说愿意服从上司,不如说更热衷于效仿上司;他们彼此间征伐不休,而这些争斗究竟算“征服”还是算“劫掠”,全看各人实力的大小而定。这样的无政府乱局,乃是欧洲当时法律与风习必然酿成的恶果;同一场狂风暴雨的肆虐之下,法国与意大利两国也一样被撕成了碎片。但意大利的城邦与法国的封臣,最终都在分裂中走向毁灭;唯有日耳曼诸邦的联合,却以“帝国”之名,孕育出了一套宏大的联邦共和政体。帝国会议起初频频召开,最终成为常设机构;正是借着这一制度,一种民族精神得以维系不坠,而共同立法之权,至今仍由三大分支(或曰三大团体)——即选帝侯、诸侯,以及日耳曼的自由市与帝国直辖市——共同行使。其一,七位势力最强的封侯获准享有一项独占的特权——推选罗马皇帝,并因此获得一个尊贵的名号与位分;这七位选帝侯是:波希米亚国王、萨克森公爵、勃兰登堡边地侯、莱茵行宫伯爵,以及美因茨、特里尔、科隆三位大主教。其二,诸侯与高级教士组成的团体,则把那些混杂无序的众人清理出去:他们把为数众多、彼此独立的伯爵一律归并,只保留四张代表票;至于骑士等级的贵族,则一概被排除在外——这些人多达六万,从前一如波兰的国会那般,曾骑着马云集于选举的场地之上。其三,那些以门第与领地自矜、以刀剑与法冠为荣的显贵,明智地接纳了平民,作为立法机构的第三个分支;而随着社会的演进,平民大约也正是在同一时期,先后进入了法国、英格兰与日耳曼三国的国民大会。
¶
The Hanseatic League commanded the trade and navigation of the north: the confederates of the Rhine secured the peace and intercourse of the inland country; the influence of the cities has been adequate to their wealth and policy, and their negative still invalidates the acts of the two superior colleges of electors and princes. 149
汉萨同盟掌控着北方的贸易与航运;莱茵同盟则维护着内陆地区的安宁与往来。这些城市的影响力,与它们的财富和谋略正相称;直到今天,只要它们投下反对票,便足以使选帝侯与诸侯这两个更高团体所通过的议案归于无效。149
¶
It is in the fourteenth century that we may view in the strongest light the state and contrast of the Roman empire of Germany, which no longer held, except on the borders of the Rhine and Danube, a single province of Trajan or Constantine. Their unworthy successors were the counts of Hapsburgh, of Nassau, of Luxemburgh, and Schwartzenburgh: the emperor Henry the Seventh procured for his son the crown of Bohemia, and his grandson Charles the Fourth was born among a people strange and barbarous in the estimation of the Germans themselves. 150 After the excommunication of Lewis of Bavaria, he received the gift or promise of the vacant empire from the Roman pontiffs, who, in the exile and captivity of Avignon, affected the dominion of the earth. The death of his competitors united the electoral college, and Charles was unanimously saluted king of the Romans, and future emperor; a title which, in the same age, was prostituted to the Caesars of Germany and Greece. The German emperor was no more than the elective and impotent magistrate of an aristocracy of princes, who had not left him a village that he might call his own. His best prerogative was the right of presiding and proposing in the national senate, which was convened at his summons; and his native kingdom of Bohemia, less opulent than the adjacent city of Nuremberg, was the firmest seat of his power and the richest source of his revenue. The army with which he passed the Alps consisted of three hundred horse. In the cathedral of St. Ambrose, Charles was crowned with the iron crown, which tradition ascribed to the Lombard monarchy; but he was admitted only with a peaceful train; the gates of the city were shut upon him; and the king of Italy was held a captive by the arms of the Visconti, whom he confirmed in the sovereignty of Milan. In the Vatican he was again crowned with the golden crown of the empire; but, in obedience to a secret treaty, the Roman emperor immediately withdrew, without reposing a single night within the walls of Rome. The eloquent Petrarch, 151 whose fancy revived the visionary glories of the Capitol, deplores and upbraids the ignominious flight of the Bohemian; and even his contemporaries could observe, that the sole exercise of his authority was in the lucrative sale of privileges and titles. The gold of Italy secured the election of his son; but such was the shameful poverty of the Roman emperor, that his person was arrested by a butcher in the streets of Worms, and was detained in the public inn, as a pledge or hostage for the payment of his expenses.
要想把日耳曼这个罗马帝国的处境与反差看得最为分明,莫过于放到十四世纪来审视;此时除了莱茵河与多瑙河沿岸一带,昔日图拉真或君士坦丁治下的行省,它已一个都不剩了。这些徒有其名的继承者,乃是哈布斯堡、拿骚、卢森堡与施瓦岑堡诸家族的伯爵:皇帝亨利七世为其子谋得了波希米亚的王冠,而他的孙子查理四世,则出生在一个即便在日耳曼人自己看来也既陌生又蛮荒的民族之中。150 巴伐利亚的路易被处以绝罚之后,查理便从罗马教宗手中,得到了那空悬帝位的赐予或许诺——当时的教宗正流亡幽居于阿维尼翁,却仍摆出一副君临天下的架势。他的几位竞争对手相继死去,选帝侯团于是意见归一,一致拥戴查理为罗马人的国王、未来的皇帝;然而正是在这同一时代,日耳曼与希腊的两拨恺撒却同时滥用这一名号,弄得它斯文扫地。这位日耳曼皇帝,充其量不过是一个由诸侯贵族推选出来、却毫无实权的官长罢了;这些贵族甚至没给他留下一座可以称之为己有的村庄。他手中最像样的特权,无非是在国民大会上主持会议、提出议案之权——而这大会还得由他召集方能开成;至于他的故国波希米亚,其富庶程度尚且比不上邻近的纽伦堡一城,却已是他权力最稳固的根基、岁入最丰厚的来源了。他翻越阿尔卑斯山时,所率全军不过三百骑而已。在圣安布罗斯主教座堂中,查理戴上了那顶相传源自伦巴第王朝的铁王冠;然而他只获准带一支毫无武装的随从入城,城门随即在他身后关闭;这位“意大利之王”,实则成了维斯孔蒂家族武力挟持下的一名俘虏——而他反倒还得确认维斯孔蒂对米兰的统治权。在梵蒂冈,他又戴上了象征帝国的金王冠;但依照一纸秘密协约,这位罗马皇帝随即抽身离去,竟未在罗马城墙之内歇过哪怕一夜。辩才无碍的彼特拉克 151——他曾凭一腔遐想让卡皮托利山那虚幻的荣光重现于笔端——对这位波希米亚人如此不光彩的逃遁既痛惜又责难;就连与他同时代的人也看得出来:这位皇帝行使权力的唯一方式,无非是把种种特权与头衔拿去牟利兜售罢了。靠着意大利的黄金,他为儿子换来了当选之位;可是这位罗马皇帝竟穷困潦倒到了何等可耻的地步:他本人在沃尔姆斯的街头,被一个屠夫拦下扣住,押在一家客栈里当作抵债的质押或人质,直到他付清自己的开销为止。
¶
From this humiliating scene, let us turn to the apparent majesty of the same Charles in the diets of the empire. The golden bull, which fixes the Germanic constitution, is promulgated in the style of a sovereign and legislator. A hundred princes bowed before his throne, and exalted their own dignity by the voluntary honors which they yielded to their chief or minister. At the royal banquet, the hereditary great officers, the seven electors, who in rank and title were equal to kings, performed their solemn and domestic service of the palace. The seals of the triple kingdom were borne in state by the archbishops of Mentz, Cologne, and Treves, the perpetual arch-chancellors of Germany, Italy, and Arles. The great marshal, on horseback, exercised his function with a silver measure of oats, which he emptied on the ground, and immediately dismounted to regulate the order of the guests. The great steward, the count palatine of the Rhine, place the dishes on the table. The great chamberlain, the margrave of Brandenburgh, presented, after the repast, the golden ewer and basin, to wash. The king of Bohemia, as great cup-bearer, was represented by the emperor’s brother, the duke of Luxemburgh and Brabant; and the procession was closed by the great huntsmen, who introduced a boar and a stag, with a loud chorus of horns and hounds. 152 Nor was the supremacy of the emperor confined to Germany alone: the hereditary monarchs of Europe confessed the preeminence of his rank and dignity: he was the first of the Christian princes, the temporal head of the great republic of the West: 153 to his person the title of majesty was long appropriated; and he disputed with the pope the sublime prerogative of creating kings and assembling councils. The oracle of the civil law, the learned Bartolus, was a pensioner of Charles the Fourth; and his school resounded with the doctrine, that the Roman emperor was the rightful sovereign of the earth, from the rising to the setting sun. The contrary opinion was condemned, not as an error, but as a heresy, since even the gospel had pronounced, “And there went forth a decree from Caesar Augustus, that all the world should be taxed.” 154
让我们从这幅屈辱的景象转过头来,看一看同一个查理在帝国会议上那副表面上的威严气派。那道厘定日耳曼根本大法的《金玺诏书》,正是以一位至尊君主兼立法者的口吻颁布于世的。上百位诸侯俯首拜倒在他的御座之前;他们甘愿向自己这位首领(或者说公仆)献上的种种尊荣,反过来也抬高了自身的身份。御宴之上,那些世袭的宫廷大员——即七位选帝侯,他们的品级与名号本已与国王相当——却庄严肃穆地当起了宫中的仆役来。三重王国的印玺,由美因茨、科隆、特里尔三位大主教隆重捧持——他们分别是日耳曼、意大利与阿尔勒这三地的常任大书记官。大司马骑在马上履行职责,手捧一只盛满燕麦的银斗,把麦子倾倒在地,随即翻身下马,去安排宾客的座次。大膳务官,即莱茵行宫伯爵,负责把菜肴摆上餐桌。大内侍,即勃兰登堡边地侯,则在宴罢之后奉上金制的水壶与水盆,供人盥洗。波希米亚国王身兼大司酒之职,由皇帝的兄弟——卢森堡与布拉班特公爵——代为担当;压轴登场的是大狩猎官,他牵来一头野猪和一只雄鹿,伴着号角齐鸣、猎犬狂吠的一片喧腾。152 皇帝的至尊地位,也并不只限于日耳曼一隅:欧洲各世袭君主都承认他位分与尊荣的超然优越——他是基督教诸君之首,是西方这个大共和体的世俗元首;153“陛下”这一尊称,长久以来一直为他一人所专有;他甚至同教宗争夺那两项无上的特权:册立君王与召集宗教会议。民法学界奉若神明的权威、博学的巴尔托鲁斯,便靠着查理四世的俸禄度日;他门下的学派终日鼓吹一种教义:从日出之地到日落之处,普天之下,罗马皇帝才是名正言顺的主宰。凡持相反见解者,都被斥为异端,而非仅仅是谬误;因为就连《福音书》也曾昭示:“有谕旨从恺撒·奥古斯都颁下,叫普天下的人都报名上册纳税。”154
¶
If we annihilate the interval of time and space between Augustus and Charles, strong and striking will be the contrast between the two Caesars; the Bohemian who concealed his weakness under the mask of ostentation, and the Roman, who disguised his strength under the semblance of modesty. At the head of his victorious legions, in his reign over the sea and land, from the Nile and Euphrates to the Atlantic Ocean, Augustus professed himself the servant of the state and the equal of his fellow-citizens. The conqueror of Rome and her provinces assumed a popular and legal form of a censor, a consul, and a tribune. His will was the law of mankind, but in the declaration of his laws he borrowed the voice of the senate and people; and from their decrees their master accepted and renewed his temporary commission to administer the republic. In his dress, his domestics, 155 his titles, in all the offices of social life, Augustus maintained the character of a private Roman; and his most artful flatterers respected the secret of his absolute and perpetual monarchy.
倘若我们把奥古斯都与查理之间时间与空间的阻隔一笔勾销,那么这两位恺撒之间的反差,便显得既鲜明又惊人:一个是波希米亚人,以浮夸炫耀的假面掩盖自己的虚弱;另一个是罗马人,却以谦抑的表象来遮蔽自己的强盛。奥古斯都统率着百战百胜的军团,其治权横跨海陆,从尼罗河、幼发拉底河一直延伸到大西洋;然而他却口口声声自称是国家的公仆,是与同胞公民平起平坐的一员。这位征服了罗马及其各行省的人,偏偏披上了监察官、执政官与保民官这类合乎民意、合乎法度的外衣。他的意志便是天下人的法律,可每当颁布这些法律时,他却总要假借元老院与人民之口;而这位主宰,还要从他们的决议中,去领受并一再续领那份治理共和国的、名义上仅属临时的委任。无论是衣着服饰、家中仆役,155 还是头衔称谓,乃至一切社交场合的应对,奥古斯都始终保持着一介寻常罗马公民的本色;而即便是他身边最工于逢迎的谄佞之徒,也懂得对他那绝对而终身的君主之权守口如瓶。
Notes 注释
142
↩
After boiling away the flesh. The caldrons for that purpose were a necessary piece of travelling furniture; and a German who was using it for his brother, promised it to a friend, after it should have been employed for himself, (Schmidt, tom. iii. p. 423, 424.) The same author observes that the whole Saxon line was extinguished in Italy, (tom. ii. p. 440.)
即先把尸体上的皮肉煮烂剔净(好带回枯骨)。为此所用的大锅,成了行军途中必备的一件器具;有个日耳曼人正用它来煮自己兄弟的遗体,竟已答应等这口锅将来给自己用过之后,再转赠给一位友人(Schmidt, tom. iii. p. 423, 424)。同一位作者还指出,整个撒克逊王系都断绝在了意大利(tom. ii. p. 440)。
1421
↩
Compare Sismondi, Histoire des Republiques Italiannes. Hallam Middle Ages. Raumer, Geschichte der Hohenstauffen. Savigny, Geschichte des Romischen Rechts, vol. iii. p. 19 with the authors quoted.—M.
可参较西斯蒙迪 Histoire des Republiques Italiannes、哈勒姆 Middle Ages、劳默尔 Geschichte der Hohenstauffen、萨维尼 Geschichte des Romischen Rechts, vol. iii. p. 19,以及其中所征引的诸家著作。—M
143
↩
Otho, bishop of Frisingen, has left an important passage on the Italian cities, (l. ii. c. 13, in Script. Ital. tom. vi. p. 707-710: ) and the rise, progress, and government of these republics are perfectly illustrated by Muratori, (Antiquitat. Ital. Medii Aevi, tom. iv. dissert xlv.—lii. p. 1-675. Annal. tom. viii. ix. x.)
弗赖辛主教奥托曾就意大利各城邦留下一段重要记载(l. ii. c. 13, in Script. Ital. tom. vi. p. 707-710);而这些共和国的兴起、发展与政制,则由穆拉托里作了极为透彻的阐发(Antiquitat. Ital. Medii Aevi, tom. iv. dissert xlv.—lii. p. 1-675. Annal. tom. viii. ix. x.)。
144
↩
For these titles, see Selden, (Titles of Honor, vol. iii. part 1 p. 488.) Ducange, (Gloss. Latin. tom. ii. p. 140, tom. vi. p. 776,) and St. Marc, (Abrege Chronologique, tom. ii. p. 719.)
关于这些头衔,参见塞尔登(Titles of Honor, vol. iii. part 1 p. 488)、杜康热(Gloss. Latin. tom. ii. p. 140, tom. vi. p. 776)以及圣马尔克(Abrege Chronologique, tom. ii. p. 719)。
145
↩
The Lombards invented and used the carocium, a standard planted on a car or wagon, drawn by a team of oxen, (Ducange, tom. ii. p. 194, 195. Muratori Antiquitat tom. ii. dis. xxvi. p. 489-493.)
伦巴第人发明并使用了“战车旗”(carocium)——那是一面军旗,竖立在一辆由牛队牵引的车上(Ducange, tom. ii. p. 194, 195. Muratori Antiquitat tom. ii. dis. xxvi. p. 489-493)。
146
↩
Gunther Ligurinus, l. viii. 584, et seq., apud Schmidt, tom. iii. p. 399.
贡特尔·利古里努斯(Gunther Ligurinus),l. viii. 584 及以下,转引自 Schmidt, tom. iii. p. 399。
147
↩
Solus imperator faciem suam firmavit ut petram, (Burcard. de Excidio Mediolani, Script. Ital. tom. vi. p. 917.) This volume of Muratori contains the originals of the history of Frederic the First, which must be compared with due regard to the circumstances and prejudices of each German or Lombard writer. * Note: Von Raumer has traced the fortunes of the Swabian house in one of the ablest historical works of modern times. He may be compared with the spirited and independent Sismondi.—M.
Solus imperator faciem suam firmavit ut petram(唯有皇帝把自己的脸绷得像石头一般)(Burcard. de Excidio Mediolani, Script. Ital. tom. vi. p. 917)。穆拉托里这一卷收录了腓特烈一世历史的原始文献,研读时必须顾及每一位日耳曼或伦巴第作者各自的处境与偏见,加以审慎比对。* 编者按:冯·劳默尔在一部堪称近世最出色的史学著作中,追溯了施瓦本王室的兴衰际遇。可将他与那位气魄豪迈、见解独立的西斯蒙迪相互对照。—M
148
↩
For the history of Frederic II. and the house of Swabia at Naples, see Giannone, Istoria Civile, tom. ii. l. xiv. -xix.
关于腓特烈二世的历史,以及施瓦本王室在那不勒斯的事迹,参见詹诺内 Istoria Civile, tom. ii. l. xiv.-xix。
149
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In the immense labyrinth of the jus publicum of Germany, I must either quote one writer or a thousand; and I had rather trust to one faithful guide, than transcribe, on credit, a multitude of names and passages. That guide is M. Pfeffel, the author of the best legal and constitutional history that I know of any country, (Nouvel Abrege Chronologique de l’Histoire et du Droit public Allemagne; Paris, 1776, 2 vols. in 4to.) His learning and judgment have discerned the most interesting facts; his simple brevity comprises them in a narrow space. His chronological order distributes them under the proper dates; and an elaborate index collects them under their respective heads. To this work, in a less perfect state, Dr. Robertson was gratefully indebted for that masterly sketch which traces even the modern changes of the Germanic body. The Corpus Historiae Germanicae of Struvius has been likewise consulted, the more usefully, as that huge compilation is fortified in every page with the original texts. * Note: For the rise and progress of the Hanseatic League, consult the authoritative history by Sartorius; Geschichte des Hanseatischen Bandes & Theile, Gottingen, 1802. New and improved edition by Lappenberg Elamburg, 1830. The original Hanseatic League comprehended Cologne and many of the great cities in the Netherlands and on the Rhine.—M.
面对日耳曼公法(jus publicum)那浩如烟海的迷宫,我要么只援引一位作者,要么就得援引上千位;而我宁可信托一位可靠的向导,也不愿凭空转录一大堆人名与段落。这位向导便是普费费尔先生(M. Pfeffel),据我所知,他所著的这部书,乃是任何国家的法制与宪政史中最出色的一部(Nouvel Abrege Chronologique de l’Histoire et du Droit public Allemagne; Paris, 1776, 2 vols. in 4to)。他的学识与判断力,甄别出了最耐人寻味的史实;他那质朴简练的笔法,把这些史实收纳于方寸篇幅之内;他按年代顺序,将其一一系于恰当的时间之下;又以详尽的索引,将其归入各自的条目之中。罗伯逊博士那幅笔力老到、乃至勾勒出日耳曼政体近代变迁的素描,便得益于这部书(当时尚不及后来的版本完备),且为此深怀感激。此外我也参考了斯特鲁维乌斯的 Corpus Historiae Germanicae;那部卷帙浩繁的汇编,每一页都以原始文献为佐证,用起来因而格外得力。* 编者按:关于汉萨同盟的兴起与发展,可查阅萨托里乌斯那部权威的历史著作 Geschichte des Hanseatischen Bandes(Gottingen, 1802),以及拉彭贝格校订增补的新版(Elamburg, 1830)。最初的汉萨同盟涵盖了科隆以及尼德兰和莱茵河沿岸的许多大城市。—M
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Yet, personally, Charles IV. must not be considered as a Barbarian. After his education at Paris, he recovered the use of the Bohemian, his native, idiom; and the emperor conversed and wrote with equal facility in French, Latin, Italian, and German, (Struvius, p. 615, 616.) Petrarch always represents him as a polite and learned prince.
不过就个人而言,查理四世实在不该被视作一个蛮人。他在巴黎受完教育之后,又重新拾起了母语波希米亚语;这位皇帝用法语、拉丁语、意大利语和德语交谈、写作,样样都同样得心应手(Struvius, p. 615, 616)。彼特拉克始终把他描绘成一位文雅而博学的君主。
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Besides the German and Italian historians, the expedition of Charles IV. is painted in lively and original colors in the curious Memoires sur la Vie de Petrarque, tom. iii. p. 376-430, by the Abbe de Sade, whose prolixity has never been blamed by any reader of taste and curiosity.
除了日耳曼与意大利的史家之外,查理四世的这次远征,还在德萨德神父那部引人入胜的 Memoires sur la Vie de Petrarque(tom. iii. p. 376-430)中被描绘得生动传神、别具一格;凡是有品味、有求知欲的读者,从不曾嫌他失之冗长。
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See the whole ceremony in Struvius, p. 629
这整套仪式,见 Struvius, p. 629。
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The republic of Europe, with the pope and emperor at its head, was never represented with more dignity than in the council of Constance. See Lenfant’s History of that assembly.
以教宗与皇帝为首脑的这个“欧洲共和体”,其尊严气象从未有哪一次比在康斯坦茨宗教会议上表现得更为堂皇。参见朗方(Lenfant)为那次大会所撰的历史。
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Gravina, Origines Juris Civilis, p. 108.
格拉维纳 Origines Juris Civilis, p. 108。
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Six thousand urns have been discovered of the slaves and freedmen of Augustus and Livia. So minute was the division of office, that one slave was appointed to weigh the wool which was spun by the empress’s maids, another for the care of her lap-dog, &c., (Camera Sepolchrale, by Bianchini. Extract of his work in the Bibliotheque Italique, tom. iv. p. 175. His Eloge, by Fontenelle, tom. vi. p. 356.) But these servants were of the same rank, and possibly not more numerous than those of Pollio or Lentulus. They only prove the general riches of the city.
人们已发掘出六千只骨灰瓮,都属于奥古斯都与利维娅名下的奴隶和被释奴。当时职司的划分细致到了这般地步:竟专派一名奴隶去称量皇后侍女们纺出的羊毛,另派一名照料皇后的膝上小狗,诸如此类,不一而足(Camera Sepolchrale, by Bianchini。其著作的节录见 Bibliotheque Italique, tom. iv. p. 175。丰特奈尔为他所撰的悼词,见 tom. vi. p. 356)。不过这些仆役都属同一等级,其人数或许并不比波利奥或伦图卢斯家的更多。它们所能证明的,无非是这座城市普遍的富庶罢了。