论中世纪西欧市场治理的法治化进程

The Process of the Rule of Law of the Market Governance in Medieval Western Europe

中世纪西欧市场治理是封建法律制度的重要组成部分。法兰克王国的市场像罗马帝国一样属于国家所有,国王对市场拥有批准权、征税权和治安权等。封建化促使加洛林王朝将市场作为一种特恩权授予教俗贵族,使其享有市场的税收权和司法权。盎格鲁撒克逊时期,英国市场是自然形成的,缺乏制度和权利内涵。诺曼征服后,批准市场成为国王的特权,市场变为在特定时间和地点举行的制度和拥有税收权、司法权的法律权利,由国王授予自治城市或教俗领主。中世纪中晚期,英国市场的治理既包括国家层级的特许权、实施面包和麦酒法令以及度量衡法令等,也包括国王、城市和教俗贵族等市场所有者行使的征税权和司法权,上述做法推动了市场治理的法治化。

One of the most essential components of feudal legal system in medieval western Europe was the market governance.Markets in the Frankish Kingdom were nationally owned as that in Rome,which meant the power to approval,tax and police were gathered in the hands of the king.Ecclesiastical nobles were granted markets in the form of prerogative under the propel of the feudalism of Carolingian dynasty,thus they were entitled to the rights of taxation and judiciary.While markets were spontaneously formed in the Anglo-Saxon period of England,lacking institution and rights.Being conferred to boroughs or ecclesiastic and secular lords,markets turned to a system settled in certain time and place as well as a legal right to impose and try,the authorization of which became a privilege of the king after the Norman Conquest.The market governance in the middle and late medieval England included not only authorization of new market,enforcement of Assize of Bread and Ale and decrees of weights and measures at country level,but also taxation and jurisdiction exercised by the market proprietor like the king,boroughs or church and secular nobles,all of these measures promoted the process of the rule of law of the market governance.