《旧制度与大革命·卷二·第二章·行政中央集权是旧制度的产物》第2节
The courts of justice took an indirect part in the legislative power, and possessed the right of framing administrative regulations which became obligatory within the limits of their own jurisdiction. Sometimes they maintained an opposition to the administration, properly so called, loudly blamed its measures and proscribed its agents. Police ordinances were promulgated by simple justices in the towns and boroughs where they resided. The towns had a great diversity of constitutions, and their magistrates bore different designations--sometimes as mayors, sometimes as consuls, or again as syndics, and derived their powers from different sources. Some were chosen by the king, others by the lord of the soil or by the prince holding the fief; some again were elected for a year by their fellow-citizens, whilst others purchased the right of governing them permanently. These different powers were the last remains of the ancient system; but something comparatively new or greatly modified had by degrees established itself among them, and this I have yet to describe. In the centre of the kingdom, and close to the throne, there had been gradually formed an administrative body of extraordinary authority, in the grasp of which every power was united after a new fashion: this was the King’s Council. Its origin was ancient, but the greater part of its functions were of recent date. It was at once a supreme court of justice, inasmuch as it had the right to quash the judgments of all the ordinary courts, and a superior administrative tribunal, inasmuch as every special jurisdiction was dependent on it in the last resort. It possessed, moreover, as a Council of State, subject to the pleasure of the King, a legislative power, for it discussed and proposed the greater part of the laws, and fixed and assessed the taxes. As the superior administrative board, it had to frame the general regulations which were to direct the agents of the Government. Within its walls all important affairs were decided and all secondary powers controlled. Everything finally came home to it; from that centre was derived the movement which set everything in motion. Yet it possessed no inherent jurisdiction of its own. The King alone decided, even when the Council appeared to advise, and even when it seemed to administer justice, it consisted of no more than simple ‘givers of advice’--an expression used by the Parliament in one of its remonstrances.
注释摘要
托克维尔在这段文字里做的是一个看似矛盾的动作：他先展示了一幅旧制度行政体系的杂乱图景，然后忽然指出，在这片混乱之下，一种全新的、高度集中的权力形态已经悄然成形。 他首先带读者去看法国的地方权力结构。高等法院不仅仅是个判案的机构，它还能在自己辖区内制定具有强制力的行政规章，甚至可以公开批评中央政府的举措、谴责其官员。这在现代眼光看来极不寻常——一个法院怎么能…