《旧制度与大革命·卷三·第四章·高等法院自以为已主宰王国之时才发觉权威尽失》第1节

旧制度与大革命 · 第3章 · 第1节

When the Royal authority had been conquered, the Parliaments at first conceived that the triumph was their own. They returned to the bench, less as reprieved delinquents than as conquerors, and thought that they had only to enjoy the sweets of victory. The King, when he withdrew the edicts which had raised to the bench new judges, ordered that at least the judgments and decrees of those judges should be maintained. The Parliaments declared that whatever had been adjudged without themselves was not adjudged at all. They summoned before them the insolent magistrates who had presumed to aspire to their seats, and, borrowing an old expression of mediæval law to meet this novel incident, they noted them infamous. All France saw that the King’s friends were punished for their fidelity to the Crown, and learnt that henceforth safety was not to be found on the side of obedience. The intoxication of these magistrates may easily be understood. Louis XIV. in all his glory had never been the object of more universal adulation, if that word can be applied to immoderate praise prompted by genuine and disinterested passions. The Parliament of Paris, exiled to Troyes, was received in that city by all the public bodies, which hastened to pay it the homage due to the sovereign, and to utter to its face the most extravagant compliments. ‘August senators!’ they said, ‘generous citizens! strict and compassionate magistrates! you all deserve in every French heart the title of fathers of your country. You are the consolation of the nation’s ills. Your actions are sublime examples of energy and patriotism. The French nation looks upon you with tenderness and veneration.’ The Chapter of the Cathedral of Troyes, complimenting them in the name of the Church, said: ‘Our country and our religion solicit some durable monument of what you have done.’ Even the University came forth, in gowns and square caps, to drawl out its homage in bad Latin, ‘Illustrissimi Senatûs princeps, præsides insulati, Senatores integerrimi! We share the general emotion, and we are here to express our lively admiration of your patriotic heroism. Hitherto the highest courage was that military valour which calls legions of heroes from their homes; we now see the heroes of peace in the sanctuary of justice; like those generous citizens who were the pride of Rome in their day of triumph, you have earned a triumph which secures to you immortal fame.’ The First President replied to all these addresses curtly, like a sovereign, and assured the speakers of the good will of his Court.

注释摘要

这段文字描绘了1788年秋天高等法院被国王召回之后出现的一种极度戏剧化的局面。托克维尔把分析的重点放在一个根本性的误认上:高等法院将一个国家范围的反专制热情,当成了对自己这个司法团体的效忠。这个误认贯穿整节,也决定了他们接下来几个月的命运。国王收回设立新法院的敕令,只是一种战术性后退,但高等法院的法官们却带着征服者的姿态回到席位上。他们不满足于恢复地位,立…