The tribes which overthrew2 the Roman Empire, and which in the end formed all the modern nations of Europe, differed among each other in race, in country, and in language; they only resembled each other in barbarism. Once established in the dominions3 of the empire they engaged in a long and fierce struggle, and when at length they had gained a firm footing they found themselves divided by the very ruins they had made. Civilisation4 was almost extinct, public order at an end, the relations between man and man had become difficult and dangerous, and the great body of European society was broken up into thousands of small distinct and hostile societies, each of which lived apart from the rest. Nevertheless certain uniform laws arose all at once out of the midst of this incoherent mass.
These institutions were not copied from the Roman legislation;[4] indeed they were so much opposed to it that recourse was had to the Roman law to alter and abolish them. They have certain original characteristics which distinguish them from all other laws invented by mankind. They corresponded to each other in all their parts, and, taken together, they formed a body of law so compact that the articles of our modern codes are not more perfectly5 coherent; they were skilfully6 framed laws intended for a half-savage state of society.
It is not my purpose to inquire how such a system of legislation could have arisen, spread, and become general throughout Europe. But it is certain that in the Middle Ages it existed more or less in every European nation, and that in many it prevailed to the exclusion8 of every other.
I have had occasion to study the political institutions of the Middle Ages in France, in England, and in Germany, and the further I proceeded in my labours the more was I astonished at[13] the prodigious9 similarity which existed amongst all these various sets of laws; and the more did I wonder how nations so different, and having so little intercourse10, could have contrived11 laws so much alike. Not but they continually and almost immeasurably differ in their details and in different countries, but the basis is invariably the same. If I discovered a political institution, a law, a fixed12 authority, in the ancient Germanic legislation, I was sure, on searching further, to find something exactly analogous13 to it in France and in England. Each of these three nations helped me more fully7 to understand the others.
In all three the government was carried on according to the same maxims14, political assemblies were formed out of the same elements, and invested with the same powers. Society was divided in the same manner, and the same gradation of classes subsisted15 in each; in all three the position of the nobles, their privileges, their characteristics, and their disposition16 were identical; as men they were not distinguishable, but rather, properly speaking, the same men in every place.
The municipal constitutions were alike; the rural districts were governed in the same manner. The condition of the peasantry differed but little; the land was owned, occupied, and tilled after the same fashion, and the cultivators were subjected to the same burthens. From the confines of Poland to the Irish Channel, the Lord’s estate, the manorial19 courts, the fiefs, the quit-rents, feudal20 service, feudal rights, and the corporations or trading guilds21, were all alike. Sometimes the very names were the same; and what is still more remarkable22, the same spirit breathes in all these analogous institutions. I think I may venture to affirm, that in the fourteenth century the social, political, administrative23, judicial24, economical, and literary institutions of Europe were more nearly akin17 to each other than they are at the present time, when civilisation appears to have opened all the channels of communication, and to have levelled every obstacle.
It is no part of my scheme to relate how this ancient constitution of Europe gradually became wasted and decayed; it is sufficient to remark that in the eighteenth century it was everywhere falling into ruin.[5] On the whole, its decline was less marked in the east than in the west of the continent; but on all sides old age and decrepitude25 were visible.
The progress of this gradual decay of the institutions of the Middle Ages may be followed in the archives of the different nations. It is well known that each manor18 kept rolls called[14] terriers, in which from century to century were recorded the limits of fiefs and the quit-rents, the dues, the services to be rendered, and the local customs. I have seen rolls of the thirteenth and fourteenth centuries which are masterpieces of method, perspicuity26, concision27, and acuteness. The further we advance towards modern times the more obscure, ill-digested, defective28, and confused do they become, in spite of the general progress of enlightenment. It seems as if political society became barbarous, while civil society advances towards civilisation.
Even in Germany, where the ancient constitution of Europe had preserved many more of its primitive29 features than in France, some of the institutions which it had created were already completely destroyed. But we shall not be so well able to appreciate the ravages30 of time when we take into account what was gone, as when we examine the condition of what was left.
The municipal institutions which in the thirteenth and fourteenth centuries had raised the chief towns of Germany into rich and enlightened small republics, still existed in the eighteenth; but they were a mere31 semblance32 of the past. Their ancient traditions seemed to continue in force; the magistrates33 appointed by them bore the same titles and seemed to perform the same functions; but the activity, the energy, the municipal patriotism34, the manly35 and prolific36 virtues37 which they formerly38 inspired, had disappeared. These ancient institutions appeared to have collapsed39 without losing the form that distinguished40 them.[6]
All the powers of the Middle Ages which where still in existence seemed to be affected41 by the same disease; all showed symptoms of the same languor42 and decay. Nay43 more, whatever was mixed up with the constitution of that time, and had retained a strong impression of it, even without absolutely belonging to those institutions, at once lost its vitality44. Thus it was that the aristocracy was seized with senile debility; even political freedom, which had filled the preceding centuries with its achievements, seemed stricken with impotency wherever it preserved the peculiar45 characteristics impressed upon it by the Middle Ages. Wherever the Provincial46 Assemblies had maintained their ancient constitution unchanged, they checked instead of furthering the progress of civilisation; they seemed insensible and impervious47 to the new spirit of the times. Accordingly the hearts of the people turned from them towards their sovereigns. The antiquity48 of these institutions had not made them venerable: on the contrary, the older they grew the more they fell into discredit49; and, strangely enough,[15] they inspired more and more hatred50 in proportion as their decay rendered them less capable of mischief51. ‘The actual state of things,’ said a German writer, who was a friend and contemporary of the period anterior52 to the French Revolution, ‘seems to have become generally offensive to all, and sometimes contemptible53. It is strange to see with what disfavour men now look upon all that is old. New impressions creep into the bosom54 of our families and disturb their peace. Our very housewives will no longer endure their ancient furniture.’ Nevertheless, at this time Germany, as well as France, enjoyed a high state of social activity and constantly increasing prosperity. But it must be borne in mind that all the elements of life, activity and production, were new, and not only new, but antagonistic55 to the past.
Royalty56 no longer had anything in common with the royalty of the Middle Ages, it enjoyed other prerogatives57, occupied a different place, was imbued58 with a different spirit, and inspired different sentiments; the administration of the State spread in all directions upon the ruins of local authorities; the organised array of public officers superseded59 more and more the government of the nobles. All these new powers employed methods and followed maxims which the men of the Middle Ages had either not known or had condemned60; and, indeed, they belong to a state of society of which those men could have formed no idea.
In England, where, at the first glance, the ancient constitution of Europe might still seem in full vigour61, the case is the same. Setting aside the ancient names and the old forms, in England the feudal system was substantially abolished in the seventeenth century; all classes of society began to intermingle, the pretensions62 of birth were effaced63, the aristocracy was thrown open, wealth was becoming power, equality was established before the law, public employments were open to all, the press became free, the debates of Parliament public; every one of them new principles, unknown to the society of the Middle Ages. It is precisely these new elements, gradually and skilfully incorporated with the ancient constitution of England, which have revived without endangering it, and filled it with new life and vigour without destroying the ancient forms. In the seventeenth century England was already quite a modern nation, which had still preserved, and, as it were, embalmed64 some of the relics65 of the Middle Ages.
This rapid view of the state of things beyond the boundaries of France was essential to the comprehension of what is about to follow; for no one who has seen and studied France only, can ever—I venture to affirm—understand anything of the French Revolution.
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1 precisely | |
adv.恰好,正好,精确地,细致地 | |
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2 overthrew | |
overthrow的过去式 | |
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3 dominions | |
统治权( dominion的名词复数 ); 领土; 疆土; 版图 | |
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4 civilisation | |
n.文明,文化,开化,教化 | |
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5 perfectly | |
adv.完美地,无可非议地,彻底地 | |
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6 skilfully | |
adv. (美skillfully)熟练地 | |
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7 fully | |
adv.完全地,全部地,彻底地;充分地 | |
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8 exclusion | |
n.拒绝,排除,排斥,远足,远途旅行 | |
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9 prodigious | |
adj.惊人的,奇妙的;异常的;巨大的;庞大的 | |
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10 intercourse | |
n.性交;交流,交往,交际 | |
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11 contrived | |
adj.不自然的,做作的;虚构的 | |
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12 fixed | |
adj.固定的,不变的,准备好的;(计算机)固定的 | |
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13 analogous | |
adj.相似的;类似的 | |
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14 maxims | |
n.格言,座右铭( maxim的名词复数 ) | |
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15 subsisted | |
v.(靠很少的钱或食物)维持生活,生存下去( subsist的过去式和过去分词 ) | |
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16 disposition | |
n.性情,性格;意向,倾向;排列,部署 | |
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17 akin | |
adj.同族的,类似的 | |
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18 manor | |
n.庄园,领地 | |
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19 manorial | |
adj.庄园的 | |
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20 feudal | |
adj.封建的,封地的,领地的 | |
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21 guilds | |
行会,同业公会,协会( guild的名词复数 ) | |
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22 remarkable | |
adj.显著的,异常的,非凡的,值得注意的 | |
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23 administrative | |
adj.行政的,管理的 | |
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24 judicial | |
adj.司法的,法庭的,审判的,明断的,公正的 | |
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25 decrepitude | |
n.衰老;破旧 | |
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26 perspicuity | |
n.(文体的)明晰 | |
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27 concision | |
n.简明,简洁 | |
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28 defective | |
adj.有毛病的,有问题的,有瑕疵的 | |
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29 primitive | |
adj.原始的;简单的;n.原(始)人,原始事物 | |
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30 ravages | |
劫掠后的残迹,破坏的结果,毁坏后的残迹 | |
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31 mere | |
adj.纯粹的;仅仅,只不过 | |
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32 semblance | |
n.外貌,外表 | |
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33 magistrates | |
地方法官,治安官( magistrate的名词复数 ) | |
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34 patriotism | |
n.爱国精神,爱国心,爱国主义 | |
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35 manly | |
adj.有男子气概的;adv.男子般地,果断地 | |
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36 prolific | |
adj.丰富的,大量的;多产的,富有创造力的 | |
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37 virtues | |
美德( virtue的名词复数 ); 德行; 优点; 长处 | |
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38 formerly | |
adv.从前,以前 | |
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39 collapsed | |
adj.倒塌的 | |
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40 distinguished | |
adj.卓越的,杰出的,著名的 | |
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41 affected | |
adj.不自然的,假装的 | |
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42 languor | |
n.无精力,倦怠 | |
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43 nay | |
adv.不;n.反对票,投反对票者 | |
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44 vitality | |
n.活力,生命力,效力 | |
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45 peculiar | |
adj.古怪的,异常的;特殊的,特有的 | |
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46 provincial | |
adj.省的,地方的;n.外省人,乡下人 | |
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47 impervious | |
adj.不能渗透的,不能穿过的,不易伤害的 | |
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48 antiquity | |
n.古老;高龄;古物,古迹 | |
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49 discredit | |
vt.使不可置信;n.丧失信义;不信,怀疑 | |
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50 hatred | |
n.憎恶,憎恨,仇恨 | |
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51 mischief | |
n.损害,伤害,危害;恶作剧,捣蛋,胡闹 | |
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52 anterior | |
adj.较早的;在前的 | |
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53 contemptible | |
adj.可鄙的,可轻视的,卑劣的 | |
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54 bosom | |
n.胸,胸部;胸怀;内心;adj.亲密的 | |
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55 antagonistic | |
adj.敌对的 | |
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56 royalty | |
n.皇家,皇族 | |
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57 prerogatives | |
n.权利( prerogative的名词复数 );特权;大主教法庭;总督委任组成的法庭 | |
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58 imbued | |
v.使(某人/某事)充满或激起(感情等)( imbue的过去式和过去分词 );使充满;灌输;激发(强烈感情或品质等) | |
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59 superseded | |
[医]被代替的,废弃的 | |
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60 condemned | |
adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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61 vigour | |
(=vigor)n.智力,体力,精力 | |
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62 pretensions | |
自称( pretension的名词复数 ); 自命不凡; 要求; 权力 | |
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63 effaced | |
v.擦掉( efface的过去式和过去分词 );抹去;超越;使黯然失色 | |
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64 embalmed | |
adj.用防腐药物保存(尸体)的v.保存(尸体)不腐( embalm的过去式和过去分词 );使不被遗忘;使充满香气 | |
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65 relics | |
[pl.]n.遗物,遗迹,遗产;遗体,尸骸 | |
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