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the origins of contemporary france-5-第46章

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institution; letter of the bishop Dionysius。)



'33' 〃Digest;〃 I。; 4; I。: 〃Quod principi placuit legis habet vigorem;

utpote; cum lege regia; qu? de imperio ejus lata est; populus ei et in

eum omne suum imperium et potestatem conferat。 Quodcumque igitur

imperator per epistolam et subscriptionem statuit; vel cognoscens

decrevit; vel de plano interlocutus est; vel edicto pr?cepit; legis

habet vigorem。〃 (Extracts from Ulpian。) … Gaius; Institutes; I。; 5:

〃Quod imperator constituit; non dubium est quin id vicem legis

obtineat; quum ipse imperator per legem imperium obtineat。〃



'34'  〃Digest;〃 I; 2。 (Extracts from Ulpian): 〃Jus est a justitia

appellatum; nam; ut eleganter Celsus definit; jus est ars boni et

?qui。 Cujus merito quis nos sacerdotes appellat: justitiam namque

colimus; et boni et ?qui notitiam profitemur; ?quum ab iniquo

separantes; licitum ab illicito discernentes; 。 。 。 veram; nisi

fallor; philosophiam; non simulatam affectantes。 。 。 。 Juris pr?cepta

sunt h?c: honeste vivere; alterum non 1?dere; suum cuique tribuere。〃 …

cf。 Duruy; 12th period; ch。 87。



'35' Cf。; on this immemorial principle of the entire body of Roman

public law; cf。 Fustel de Coulanges; 〃Histoire des institutions

politiques et privées de l'ancienne France;〃 vol。 I。; book II。; ch。 I;

p。66 and following pages。



'36' Read the 〃Notitia dignitatum tam civilium quam militarium in

partibus orientis et occidentis。〃 It is the imperial almanac for the

beginning of the fifth century。 There are eleven ministers at the

centre; each with his bureaux; divisions; subdivisions and squads of

superposed functionaries;



'37' Cf。 Piranesi's engravings。



38 Cf。; among other clues see Dante's: 〃De Monarchia〃。



'39' We can trace in Napoleon's brain and date the formation of this

leading idea。 At first; it is simply a classic reminiscence; as with

his contemporaries; but suddenly it takes a turn and has an

environment in his mind which is lacking in theirs; and which prevents

the idea from remaining a purely literary phrase。 From the beginning

he speaks of Rome in the fashion of a Rienzi。 (Proclamation of May 20;

1796。) 〃We are the friends of every people; and especially of the

Brutuses; the Scipios; and of the great men whom we have chosen as

models。  To re…establish the Capitol; to place there with honor the

statues of heroes who render it famous; to arouse the Roman people

benumbed by centuries of slavery; such will be the fruit of our

victories。〃 … Fifteen months afterwards; on becoming master of Italy;

his historic meditations turn into positive ambition henceforth; the

possession of Italy and of the Mediterranean is to be with him a

central and preponderant idea。 (Letter to the Directory; Aug。 16;

1797; and correspondence on the subject of Corsica; Sardinia; Naples;

and Genoa; letters to the pasha of Scutari; to the Maniotes; etc。)

〃The islands of Corfu; Zante; and Cephalonia are of more interest to

us than all Italy put together。 。 。 。 The Turkish empire is daily

tottering; the possession of these islands will enable us to support

it as long as possible; or to take our portion of it。 The time is not

remote when we shall feel that; for the real destruction of England;

we must get possession of Egypt。〃 Formerly; the Mediterranean was a

Roman lake; it must become a French lake。 (Cf。 〃Souvenirs d'un

Sexagénaire;〃 by Arnault; vol。 IV。; p。102; on his dream; in 1798; of

making Paris a colossal Rome。) … At this same date; his conception of

the State is fixed and wholly Roman。 (Conversations with Miot; June

1797; and letter to Talleyrand; Sep。 19; 1797。) 〃I do not see but one

thing in fifty years well defined; and that is the sovereignty of the

people。 。 。 。 The organization of the French nation is still only

sketched out。 。 。 。The power of the government; with the full latitude

I give to it; should be considered as really representing the nation。〃

In this government; 〃the legislative power; without rank in the

republic; deaf and blind to all around it; would not be ambitious and

would no longer inundate us with a thousand chance laws; worthless on

account of their absurdity。〃 It is evident that he describes in

anticipation his future senate and legislative corps。 … Repeatedly;

the following year; and during the expedition into Egypt; he presents

the Romans as an example to his soldiers; and views himself as a

successor to Scipio and C?sar。 … (Proclamation of June 22; 1798。): 〃Be

as tolerant to the ceremonies enjoined by the Koran as you are for the

religion of Moses and Jesus。 The Roman legions protected all

religions。〃 … (Proclamation of May 10; 1798。) 〃 The Roman legions that

you have often imitated but not yet equaled fought Carthage in turn on

this wall and in the vicinity of Zama。〃 … Carthage at this time is

England: his hatred of this community of merchants which destroys his

fleet at Aboukir; which forces him to raise the siege of Saint…Jean

d'Acre; which holds on to Malta; which robs him of his substance; his

patrimony; his Mediterranean; is that of a Roman consul against

Carthage; it leads him to conquer all western Europe against her and

to 〃resuscitate the empire of the Occident。〃 (Note to Otto; his

ambassador at London; Oct。。 23; 1802。) … Emperor of the French; king

of Italy; master of Rome; suzerain of the Pope; protector of the

confederation of the Rhine; he succeeds the German emperors; the

titularies of the Holy Roman Empire which has just ended in 1806; he

is accordingly the heir of Charlemagne and; through Charlemagne; the

heir of the ancient C?sars。 … In fact; he reproduces the work of the

ancient C?sars by analogies of imagination; situation and character;

but in a different Europe; and where this posthumous reproduction can

be only an anachronism。



'40' 〃Correspondance;〃 note for M。 Cretet; minister of the interior;

April 12; 1808。



'41' Metternich; 〃Mémoires;〃 I。; 107 (Conversations with Napoleon;;

1810): 〃I was surprised to find that this man; so wonderfully endowed;

had such completely false ideas concerning England; its vital forces

and intellectual progress。 He would not admit any ideas contrary to

his own; and sought to explain these by prejudices which he

condemned。〃 … Cf。 Forsyth; 〃History of the Captivity of Napoleon at

Saint…Helena;〃 III。; 306; (False calculations of Napoleon at Saint…

Helena based on his ignorance of the English parliamentary system;)

and Stanislas Girardin; III。; 296; (Words of the First Consul; Floreal

24; year XI; quoted above。)



'42' Cf。; amongst other documents; his letter to Jerome; King of

Westphalia; October 15; 1807; and the constitution he gives to that

kingdom on that date; and especially titles 4 to 12: 〃The welfare of

your people concerns me; not only through the influence it may

exercise on your fame and my own; but likewise from the point of view

of the general European system。 。 。 。 Individuals who have talent and

are not noble must enjoy equal consideration and employment from you。

。 。 。 Let every species of serfage and of intermediary lien between

the sovereign and the lowest class of people be abolished。 The

benefits of the code Napoleon; the publicity of proceedings; the

establishment of juries; will form so many distinctive characteristics

of your monarchy。〃 … His leading object is the suppression of

feudalism; that is to say; of the great families and old historic

authorities。 He relies for this especially on his civil code: 〃That is

the great advantage of the code; 。 。 。 it is what has induced me to

preach a civil code and made me decide on establishing it。〃 (Letter to

Joseph; King of Naples; June 5; 1806。) … 〃The code Napoleon is adopted

throughout Italy。 Florence has it; and Rome will soon have it。〃

(Letter to Joachim; King of the Two Sicilies; Nov。 27; 1808。) … 〃 My

intention is to have the Hanseatic towns adopt the code Napoleon and

be governed by it from and after the 1st of January。〃 … The same with

Dantzic: 〃Insinuate gently and not by writing to the King of Bavaria;

the Prince…primate; the grand…dukes of Hesse…Darmstadt and of Baden;

that the civil code should be established in their states by

suppressing all customary law and confining themselves wholly to the

code Napoleon。〃 (Letter to M。 de Champagny; Oct。 31; 1807。) … 〃 The

Romans gave their laws to their allies。 Why should not France have its

laws adopted in Holland? 。 。 。 It is equally essential that you should

adopt the French monetary system。〃 (Letter to Louis; King of Holland;

Nov。 13; 1807。)  … To the Spaniards: 〃Your nephews will honor me as

their regenerator。〃 (Allocution addressed to Madrid Dec。 9; 1808。)  …

〃Spain must be French。 The country must be French and the government

must be French。〃 (Roederer; III。; 529; 536; words of Napoleon; Feb。

11; 1809。) … In short; following the example of Rome; which had

Latinized the entire Mediterranean coast; he wanted to render all

western Europe French。 The object was; as he d
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