元代北方牧马草地及其与农田争讼

Pastures for Grazing Horses and Litigations Involving Pastures Versus Farmlands in North China in Yuan Dynasty

元代北方分布着面积广大的牧马草场,可以分为皇家牧场、探马赤草地、站赤牧地、昔宝赤草地、诸王草地五类。这些牧场与农田交错分布,经常侵占农田。虽然元代也有草地改为农田的情况,但草地侵占农田是主流,常生争讼,连年得不到归断。对比发现,宋、明官府对农田侵占草地束手无策,元朝官府对草地侵占农田则几乎视而不见,这是不同思维方式导致的差异。元代牧场与农田之间的田产纠纷,不仅是农、牧矛盾的体现,更是蒙汉二元文化冲突的体现。

In the Yuan Dynasty(1271⁃1368),there were large areas of horse grazing pastures in North China,which could be divided into five categories in terms of their owners:the royal pastures,the Tanmachi探马赤(garrison)pastures,the Zhanchi站赤(yichuan驿传or the relay and post station)pastures,the Xibaochi昔宝赤(eagle⁃trainer)pastures,and the vassal pastures.These pastures were staggered with farmlands and often encroached on farmland.Although there were also cases of pastures being changed into farmlands,pastures encroaching on farmlands was the mainstream in the Yuan Dynasty,which was often litigated and could not be settled for years.By contrast,it is found that the governments in the Song(960⁃1279)and Ming Dynasties(1368⁃1644)were helpless about farmlands encroaching on pastures,while the government in the Yuan Dynasty almost turned a blind eye to pastures encroaching on farmlands,which was a difference caused by different ways of thinking.The disputes over property rights between pastures and farmlands in the Yuan Dynasty are not only the manifest of the contradiction between agriculture and animal husbandry,but also the embodiment of the dual cultural conflicts between Mongolia and Han nationalities.