专八人文知识精讲(6)：英国的起源

专八人文知识精讲（6）英国的形成

The Shaping of the Nation (1066-1381)
英国的形成（公元1066-1381）

I. Norman Rule (1066-1381)
诺曼统治（公元1066-1381）

1. William's Rule （1066-1087）
威廉一世的统治（公元1066-1087）

Under William, the feudal system in England was completely established.
在威廉统治下，英国的封建制度得到完全确立。

According to this system, the King owned all the land personally. William gave his barons large estates in England in return for a promise of military service and a proportion of the land's produce. These estates were scattered far and wide over the country, so that those who held them could not easily combine to rebel the king. The barons, who had become William's tenants-in-chief, parceled out land to the lesser nobles, knights and freemen, also in return for goods and services. At the bottom of the feudal scale were the villeins or serfs. One peculiar feature of the feudal system of England was that all landowners must take the oath of allegiance，not only to their immediate lord, but also to the king.
根据此制度，国王拥有全国所有土地。威廉把英国的大片土地分给贵族，条件是换取对方服役和收租。这些地产分散于各处，这样土地拥有者就不易联合起来反叛国王。已成为国王土地承租人的贵族又把土地分配给小贵族、骑士和自由民，同样换取货物和服役。在封建等级底层的是农奴。英国封建制独有的特色就是，无论是土地承租人还是二佃户，都必须要宣誓效忠于直接领主，而且要效忠于国王。

2. King Henry II and his reforms
亨利二世国王和他的改革

Henry II took some measures to consolidate the monarchy. He forced the Flemish mercenaries to leave England; recalled grants of Royal lands made by his previous king Stephen; demolished many castles built in Stephen's time; strengthened and widened the powers of his sheriffs and relied for armed support upon a militia composed of English freemen.
亨利二世采取了一些措施巩固君主制。他迫使弗兰德斯雇佣军离开英国，收回史蒂芬森赠出皇室土地；拆除几十座史蒂芬森时造德城堡，加强并扩大了他的行政长官们的权力，依靠由英国自由民组成的民兵获取军事支持。

King Henry II greatly strengthened the Court and extended its judicial work. He divided the whole country into six circuits and appointed justices to each. Cases were therefore heard before the intermittent justices who applied the law impartially. During his reign, a common law was gradually established in place of the previous laws of the local barons. He also introduced a new jury system to replace the old ordeal-based trial system. Besides, he shifted the trial of clergymen charged with criminal offenses from the Bishop's court to the King's court.
亨利二世大大加强了王家法院，扩展了其司法工作的职权范围。他将全国分为六个审制区。案件更多地由巡回法官审理，并不偏不倚地使用法律。在他统治时期，逐渐建立起超越地方领主法律的普遍法。另外，他用陪审员制度代替了旧的残酷的审判制度。他坚持被控犯有刑事罪的神职人员应由国王法庭审判，而不由主教法庭审判。

II．Contents and the significance of the Great Charter
《大宪章》的内容及意义

Great Charter was signed by King John in 1215 under the press of the barons. It consists of sixty-three clauses. Its important provisions are as follows: (1) no tax should be made without the approval of the Grand Council; (2) no freemen should be arrested, imprisoned or deprived of their property; (3) the Church should possess all its rights, together with freedom of elections; (4) London and other towns should retain their traditional rights and privileges, and (5) there should be the same weights and measures throughout the country. Although The Great Charter has long been popularly regarded as the foundation of English liberties, it was a statement of the feudal and legal relationships between the Crown and the barons, a guarantee of the freedom of the Church and a limitation of the powers of the king. The spirit of the Great Charter was the limitation of the powers of the king, keeping them within the bounds of the feudal law of the land.
《大宪章》是约翰国王1215年迫于封建贵族的压力而签定的。《大宪章》总共63条，其中最重要的内容是：(1) 未经大议会同意，不得征税；(2) 只有根据国家有关法律才能逮捕、监禁自由人以及剥夺他们的财产；(3)教会应享受其所有权利且有选举自由；（4） 伦敦和其它城镇应保留其古时的权力和特权；(5) 全国要使用统一的重量和长度度量衡。尽管人们普遍认为《大宪章》为英国的自由奠定了基础，但该宪章只是规定国王和贵族之间封建关系和法律关系的文件，保证了教会的自由，限制了国王权利。《大宪章》的精神是限制国王权力，使其在英国封建法律允许的范围内活动。

III.The origins of the English Parliament
英国议会的起源

The Great Council is known to be the prototype of the current British Parliament. In 1265, Simon de Montfort summoned the Great Council, together with two knights from each county and two citizens from each town. It later developed into the House of Lords and the House of Commons. Its main role was to offer advice. There were no elections or parties. And the most important part of Parliament was the House of Lords.
大议会是当今英国议会的原型。1265年，西门德孟福尔召开大议会，各郡有两名骑士，各镇有两名市民参加。大议会发展到后来演变成议会，分为上议院和下议院。其作用是咨询而非决定；也没有选举和政党。议会的最重要的部分是上议院。