《旧制度与大革命·卷三·第三章·法国高等法院如何循着旧例反而倾覆了王权》第6节
Yet, after having thus suffered his most acknowledged and least formidable rights to be contested in his own presence, the King resolved to resume the exercise of those which were most disputed and most unpopular. His own act had opened the mouths of the speakers, but he sought to punish them for having spoken. In one of its remonstrances the Parliament of Paris had said, ‘Sire, the French monarchy would be reduced to a state of despotism if, under the King’s authority, Ministers could dispose of personal freedom by lettres de cachet, and of the rights of property by lits de justice, of civil and criminal affairs by scire facias, and of the judicature itself by partial exile or by the arbitrary translation of judges.’ To which the King replied: ‘If the greater number of votes in my Courts can constrain my will, the monarchy would become a mere aristocracy of magistrates.’ ‘Sire,’ rejoined the Parliament, ‘no aristocracy in France, but no despotism.’ Two men, in the course of this struggle, had especially distinguished themselves by the boldness of their speeches and by their revolutionary attitude: these were M. Goislard and M. d’Eprémenil. It was resolved to arrest them. Then occurred a scene, the prelude, so to speak, of the great tragedy that was to follow, well calculated to exhibit an easy-going Government under the aspect of tyranny. Informed of the resolution taken against them, these two magistrates left their homes, and took refuge in the Parliament itself, in the full dress of their Order, where they were lost amidst the crowd of judges forming that great body. The Palace of Justice was surrounded by troops, and the doors guarded. Viscount d’Agoult, who commanded them, appeared alone in the great Chamber. The whole Parliament was assembled, and sitting in the most solemn form. The number of the judges, the venerable antiquity of the Court, the dignity of their dress, the simplicity of their demeanour, the extent of their power, the majesty of the very hall, filled with all the memorials of our history, all contributed to make the Parliament the greatest and most honoured thing in France, after the Throne.
注释摘要
这段话的核心,在于托克维尔描绘了1787年王权与巴黎高等法院对峙中一个决定性的转折点。他揭示了一个致命的政治悖论:国王路易十六先在御前会议上允许甚至纵容了对其权威的激烈辩论,这等于自行解除了绝对君主制不容置疑的神秘性;随后,他又试图通过武力逮捕领头反对的法官,来惩罚这种由他自己开启的言论自由。这好比一个人亲手打开了门,却要惩罚走进来的人。在托克维尔看来,此…