法律限定负担与英国农奴身份地位的变动

Legally Restricted Obligations and Changes in the Status of Serfs in England

英国中世纪佃农以维兰为主体,故称维兰制,然而英国佃农却在中世纪晚期较早实现了身份束缚的解除,这与他们在中世纪的社会地位以及与农奴制的联系等问题构成了难解的谜题。因此以法律法治为视角,考察社会经济生活中英国佃农的实际身份与地位以及封建制语境下自由与非自由的差异就显得尤为必要。农奴制的本质在于其专横性和任意性,但佃农的抵抗以及由习惯法演绎而来的封建法、庄园法对农奴制形成了反制因素。在双方的博弈中,佃户的负担一旦被法律确定下来,就是在庄园内赋予农奴以法律人格,领主权力的任意性因此受到限制,佃农的人身依附关系也就走到了拐点。

In medieval England,the majority of serfs were villeins,whence the term villeinage.But by the later medieval period,they were able to escape from their bondage relatively early.This and their social position,as well their connection with serfdom,are unresolved conundrums.Therefore,it is necessary to explore,from the viewpoint of law and the rule of law,the real status and position of English villeins in social and economic life and to examine,in the context of the feudal system,the differences between free and unfree.The essence of serfdom lies in its dictatorial and arbitrary nature.However,the resistance of the villeins and the feudal and manorial law that evolved from customary law were countervailing factors affecting the system.In the game between the two,once the law confirmed the villeins' burden,granting them legal personhood within the manor,the arbitrary powers of the lord of the manor were curbed and the dependent status of the villeins moved toward a turning point.