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“农业法”有两种俄译文;一种由李普什次(Е.Э.Лцпщиц)译出,刊在“拜占庭社会经济史文献汇编”,莫斯科,1953年,页103--108。另一种译文,见格拉青斯基编“中世纪史文献”卷一,莫斯科,1953年,页190--198。本译文是根据前者重译,但是遇有出入很大的条文,则根据后者加注,以资比较。拜占庭封建关系进展的过程,是从第七世纪中期延续到十一世纪末期。这一时期可分成两个阶段:(1)从第七世纪中期到第九世纪中期,即自由农村公社占优势的阶段,当时封建制度还只是在形成的阶段,封建贵族政权还没有十分巩固,足以消灭自由农村公社;(2)从第九世纪到第十一世纪末期,即封建关系充分发展的阶段,那时,封建关系已成为拜占庭的统治制度。拜占庭的农村公社维持得比较久长,反抗大领主的掠夺,也比较有力。其原因是,当拜占庭农村公社正在开始崩溃的时候,斯拉夫部族侵入,定居于巴尔干半岛和小亚细亚,带来了自由农村公社制度;这有助于当地农村公社的维持和巩固。所以,农村公社成为第七世纪到第九世纪时期的拜占庭农村经济生活的基本形式。下引“农业法”并不是一种由政府制定的法律,而是拜占庭人和斯拉夫人关于农村公社的习惯法;它的出现时期约在第八世纪中期(也许在第八世纪后半期)。它是关于第七——九世纪拜占庭土地关系史的最重要资料,反映出拜占庭农村公社的生活情况,从这里可看出耕地是在公社的自由农民手里,所有未分“公地”和磨坊仍属于公社所有。农村间发生疆界争执时,公社出面进行诉讼。同时,农民有交换份地之权。土地所有者不得拆除别人在其土地上所建造的房屋。土地在收获之后,可作为牧场。另一方面,在公社里农民阶级已开始瓦解,财产已不平等。有些农民由于无力耕种而放弃自己的份地,有些农民耕种别人的土地,向土地所有者缴纳什一税。同时公社的富裕农民不仅有牲畜、劳动工具,而且有奴隶。此外,农业法中还列举各色各样的违法处分和罚款。从这法典中我们也可找到关于拜占庭农村广泛流行的谷物种植、葡萄园、园艺和畜牧等等的资料。
There are two Russian translations of the Agricultural Law; one translated by Е.Э.Лцпщиц and compiled in the Byzantine Society and Economic History Collection, Moscow, 1953, pp. 103-108. For another translation, see Gramsky, eds., Vol. 1, Medieval Historical Documents, Moscow, 1953, pp. 190-198. This translation is based on the former retranslation, but in case of a large discrepancy between provisions, then raised according to the latter for comparison. The process of Byzantine feudal relations has proceeded from the mid-seventh century to the end of the eleventh century. This period can be divided into two stages: (1) From the mid-seventh century to the mid-ninth century, the stage where free rural communes were predominant, the feudal system was still in its formative stage and the feudal aristocracy was not yet consolidated. Enough to eradicate free rural communes; and (2) from the ninth to the end of the eleventh century, the stage of full development of feudal relations, at that time the feudal relations had become Byzantium’s rule. The Byzantine rural communes, which have been maintained for a long period of time, have also been more potent in their resistance to the lords. The reason for this is that when the Byzantine rural communes were beginning to collapse, the Slavic tribes invaded and settled in the Balkans and Asia Minor, bringing about a free rural commune system; this helped to maintain and consolidate the local rural communes. Therefore, the rural communes became the basic form of Byzantium rural economic life from the seventh to the ninth centuries. The Cited Agricultural Law is not a law enacted by the government, but the customary laws of the Byzantines and the Slavs on rural communes; it appeared about the middle of the eighth century (perhaps in the second half of the eighteenth century). It is the most important piece of information on the history of Byzantine land relations from the seventh to the nineteenth century and reflects the life of the Byzantine rural commune. It can be seen here that cultivated land is in the hands of free communes of communes, The mill still belongs to the commune. When a border dispute broke out in rural areas, the commune came to lawsuit. At the same time, peasants have the right to exchange land. Landowners may not dismantle houses built by others on their land. After harvest, the land can be used as a ranch. On the other hand, the peasantry in the communes began to collapse and the property was already unequal. Some peasants give up their land due to inability to cultivate them. Some peasants cultivate other people’s land and pay a tithe to the landowners. At the same time, the wealthy peasants in the commune not only have livestock, working tools, but also slaves. In addition, agricultural law also lists various kinds of illegal sanctions and fines. From this code, we also find information on the widespread cereal cultivation, vineyards, horticulture and livestock husbandry in the Byzantine countryside.