中世纪后期英格兰啤酒酿造与销售的法律规制

The legal regulation of the brewing and selling of beer in late Medieval England

啤酒是中世纪英格兰人日常饮品之一。自13世纪始,英格兰啤酒酿造与销售在走向市场化的过程中出现诸多问题,国王亨利三世于1266年颁布《啤酒法令》,对啤酒的酿造、销售及其监管制定了统一的法令,进行规范管制。地方政府则将王室法令加以细化,进一步就啤酒酿造工艺和质量标准、销售者之资质和销售场所、价格和计量单位,相继出台一系列法令,进行全面规制。为了保证啤酒法令的实施,一种由王室与地方政府、行会与民众参与的立体监管与处罚体制得以建立。尽管随着王权的增强,王室力图通过相关法令的制定,扩大中央对地方司法和经济上的控制,但地方政府仍然是啤酒法令之实施和监管的主体。这从一个侧面反映出中世纪后期英格兰商业化初期阶段,王室与地方政府各自的权利范围及作用。

Ale was one of the daily beverages of medieval England,There is a series of problems have arisen since the 13th century,when brewing and selling of ale in England has been in the process of marketisation Henry Ⅲ of England issued the Assizes of Ale in 1266.which formulated a unified decree on the brewing and selling of ale as well as its regulation,to regulate and control it.The local governments then elaborated on the royal decree and issued a series of decrees on the brewing process and quality standards,the qualifications of brewers and retail outlet,prices and units of measurement.provide comprehensive regulation on purpose.In order to ensure the enforcement of the Assizes of Ale,a three-dimensional system of regulations and penalties was established,involving the Royal,local govermments,brewer gilds,and general public.Although the Royal tried to expand the centralised control over the local judiciary and economy through the enactment of relevant ordinances as the power of the kingship increased,the local govermment was still the principal part to implement the Assizes of Ale.It was a reflection of the scope of power and the role of the Royal and local govermment in the early stages of commercialisation in late medieval England.