近代早期英国圈地的法律规范

The Legal Norms of Enclosure in Early Modern England

近代早期英国圈地是一场有法可依、有规可循的土地确权运动。庄园法庭对农民互换的条田和圈占的荒地予以登记,领主在制定法的规范下圈占荒地并依据土地契约的时效性合法收回佃农的保有地。随着领主、乡绅、约曼以及教区牧师等多方参与的协议圈地越来越普遍,大法官法庭开始介入,以一种正式的司法程序裁定协议圈地。近代早期英国圈地的法律规范为18、19世纪的议会圈地奠定了基础,推动了英国成为世界历史上率先完成土地确权的国家。

The Enclosure in early modern England was a land ownership movement by legal norms.The strips which were exchanged and the waste lands which were enclosed by peasants were registered in the manor court.At the same time,the lords enclosed waste lands and take back the leasehold legally.With the Enclosure participated by more and more parties,the court of chancery developed a formal means to confirm enclosure.The legal norms of the Enclosure laid the foundation for the 18-19th century parliamentary enclosure,and helped England become the first to finish the land confirmation in the world.