都铎早期英格兰地权冲突与立法应对——以用益授予为中心的考察

Land Rights Conflicts and Legislative Responses in Early Tudor England——An Examination Centered on Enfeoffment to Use

诺曼征服后,英格兰进入封建社会,形成了以封土为纽带的封君封臣关系。封臣需要向封君履行封建义务且不能自由处分土地。到中世纪后期,封臣广泛借助用益授予进行规避,产生并激化了双方之间的地权冲突。都铎早期英格兰处于封建王国向民族国家转变的重要阶段,国王亨利八世在对外摆脱教会控制、对内加强国家控制之时,借助议会之手全面规范用益授予以控制土地流动,获取封建权益,树立国王权威。土地立法进程相当曲折,国王通过分化议员与输送利益的方式推动了《用益法》和《登记法》的颁布,很快又因为普遍不满和国内暴动进行了妥协。尽管土地立法效果未如国王所愿,但用益授予获得了合法地位,用益主体之间的信义关系亦得到承认。

After the Norman Conquest, England entered a feudal society and formed a lord-vassal relationship by fief enfeoffment. The vassals were obligated to fulfill feudal duties and were restricted from freely disposing of land. By the late Middle Ages, the vassals extensively resorted to enfeoffment to use for evasion, resulting in and intensifying land rights conflicts between the two sides. Early Tudor England marked a pivotal phase in the transformation from a feudal kingdom to a nation-state. When King Henry VIII broke away from the church control externally and strengthened the national control internally, he orchestrated comprehensive regulations on enfeoffment to control land flow, secure feudal rights, and establish the King's authority by leveraging the Parliament's authority. The process of legislation was quite convoluted, with the King pushing for the enactment of the Statute of Uses and the Statute of Enrollments by dividing parliamentarians and conveying benefits, and then quickly compromising due to general dissatisfaction and domestic riots. Although the effect of the Statutes was not what the King had hoped for, the Uses gained legitimacy and the relationship between the subjects of the Uses was recognized.