《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4节
The Parliament, wretched at the discovery of its unpopularity, endeavoured to regain the favour of the public. Recourse was had to stirring means: the same language which had so often served to excite the people in its favour was again employed. The cry for periodical sessions of the States-General, for the responsibility of Ministers, for personal freedom, for the liberty of the press: all was in vain. The amazement of the judges was extreme: they were totally unable to comprehend what was happening before their eyes. They continued to speak of the constitution to be defended, not seeing that this word was popular enough when the constitution was opposed to the King, but hateful to public opinion when it was opposed to equality. They condemned a publication which attacked the old institutions of the kingdom to be burnt by the common hangman, not perceiving that the ruin of these institutions was precisely what was desired. They asked of one another what could possibly have brought about such a change in the public mind. They fancied they had a strength of their own, not being aware that they had only been the blind auxiliaries of another power: everything, as long as that power made them its instruments; nothing, as soon as, being able to act on its own behalf, it ceased to need their assistance. They did not see that the same wave which had driven them along, and raised them so high, carried them back with it as it retired. Originally the Parliament consisted of jurists and advocates chosen by the King from the ablest members of their profession. A path to honours and to the highest offices of State was thus opened by merit to men born in the humblest conditions of fortune. The Parliament was then, with the Church, one of those powerful democratic institutions, which were born and had implanted themselves on the aristocratic soil of the Middle Ages. At a later period the Crown, to make money, put up to sale the right of administering justice. The Parliament was then filled by a certain number of wealthy families, who considered the national judicature as a privilege of their own, to be guarded from the intrusion of others with increasing jealousy; they obeyed in this the strange impulse which seemed to impel each particular body to dwindle more and more into a small close aristocracy, at the very time when the opinions and general habits of the nation caused society to incline more and more to democracy.
注释摘要
托克维尔在这里揭示了一个在政治变动中反复出现的现象:一种力量之所以显得强大,不是因为它自身拥有根基,而是因为它暂时充当了另一种更广阔力量的载体。高等法院在1788年底突然从全民欢呼的英雄沦为无人理睬的孤岛,不是因为它的行为前后矛盾,而是因为它所承载的那股力量,已经不再需要它了。 这段分析始于法院发现自身不受欢迎之后的惊惶失措。它们试图重复那些曾经奏效的呼喊…