自由的宪章----英国宪法文件整理

浪花

   
       和其他许多国家不同，英国并没有成文宪法，因此称作“不成文宪法”。所谓的英国宪法，是对一整套包含基本规范和政*治体制的成文法、习惯法和惯例的统称。英国宪法实际上是对英国实际的社会政*治秩序的概括，是英国几百年政*治流变的产物，并非一时制定的法律文件。英国著名宪法学家布莱斯曾评论道：“英国宪法是任何作者也作不出透彻说明的智慧产物，所具备的性质于几个世纪逐渐浸染而成。”
虽然英国宪法不是具体法律文本，但实际其大部分内容还是以成文法形式出现，包括由议会通过的法例、法院的判例和国际公约等等。除此之外，英国宪法的法律渊源还包括英国议会惯例和国王特权。
英国宪法的根基是“议会至上”原则。所谓“议会至上”，是指法案一旦获议会通过，便具有不可动摇的权威。宪法并没有像其他国家如美国、法国获赋予至高无上地位；相反，理论上英国议会可以以通过一项普通法案的方式对英国宪法的内容加以改变。
   
     尊重传统，一方面是英国宪法的效力源泉。英国的宪法并不具有至上性，英国有的只是议会至上。英国宪法是一部典型的不成文宪法，其中包括为数众多的宪法性法律，宪法惯例以及宪法判例。这些以普通法律，政*治习惯等方式表达出来的宪法与普通的法律和政*治习惯虽然在表现形式上并没有区别，但是在实际的政*治生活中却有相当大的差异。英国宪法不但具有通常的法律效力，而且更有超出一般法律的宪法性效力。它们高度稳定，一些著名的宪法性法律，如1215年的《自由大宪章》，1628年的《权利请愿书》，1689年的《权利法案》，1701年的《王位继承法》等，历经数百年还一直是有效的法律文件。其神圣性远非普通的法律可比，甚至连成文宪法国家的宪法典也望尘莫及。而这种独特的状况恰恰是来自于对传统极端尊重的信念。

浪花

《自由大宪章》
    1215年6月15日英国贵族胁迫英王约翰签署《自由大宪章》，该文件用拉丁文写成，共63条款。

大部份条款维护贵族和教士的权利，主要内容：保障选举教会教职人员的自由；保护贵族、骑土的领地继承权，国王不得违章征收领地继承租；未经“王国大会议”的同意，国王不得向直属附庸征派补助金和盾牌钱；取消国王干预封建主法庭从事司法审判的权利；未经同级贵族的判决，国王不得任意逮捕或监禁自由人或没收他们的财产。
    此外，少数条款确认城市已享有的权利、保护商业自由、统一度量衡等。国王如违背宪章，由25名贵族组成的委员会有权对国天使用武力。
后来英国资产阶级革*命时期，大宪章被用来作为争取权利的法律根据，并成为英国确立君主立宪制宪法性文件之一。
   



《自由大宪章》英文原文

The Magna Carta
(The Great Charter)
1215

Preamble: John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his bailiffs and liege subjects, greetings. Know that, having regard to God and for the salvation of our soul, and those of all our ancestors and heirs, and unto the honor of God and the advancement of his holy Church and for the rectifying of our realm, we have granted as underwritten by advice of our venerable fathers, Stephen, archbishop of Canterbury, primate of all England and cardinal of the holy Roman Church, Henry, archbishop of Dublin, William of London, Peter of Winchester, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, Benedict of Rochester, bishops; of Master Pandulf, subdeacon and member of the household of our lord the Pope, of brother Aymeric (master of the Knights of the Temple in England), and of the illustrious men William Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of Warenne, William, earl of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip d'Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our liegemen.

1. In the first place we have granted to God, and by this our present charter confirmed for us and our heirs forever that the English Church shall be free, and shall have her rights entire, and her liberties inviolate; and we will that it be thus observed; which is apparent from this that the freedom of elections, which is reckoned most important and very essential to the English Church, we, of our pure and unconstrained will, did grant, and did by our charter confirm and did obtain the ratification of the same from our lord, Pope Innocent III, before the quarrel arose between us and our barons: and this we will observe, and our will is that it be observed in good faith by our heirs forever. We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever.
2. If any of our earls or barons, or others holding of us in chief by military service shall have died, and at the time of his death his heir shall be full of age and owe "relief", he shall have his inheritance by the old relief, to wit, the heir or heirs of an earl, for the whole barony of an earl by ￡100; the heir or heirs of a baron, ￡100 for a whole barony; the heir or heirs of a knight, 100s, at most, and whoever owes less let him give less, according to the ancient custom of fees.
3. If, however, the heir of any one of the aforesaid has been under age and in wardship, let him have his inheritance without relief and without fine when he comes of age.
4. The guardian of the land of an heir who is thus under age, shall take from the land of the heir nothing but reasonable produce, reasonable customs, and reasonable services, and that without destruction or waste of men or goods; and if we have committed the wardship of the lands of any such minor to the sheriff, or to any other who is responsible to us for its issues, and he has made destruction or waster of what he holds in wardship, we will take of him amends, and the land shall be committed to two lawful and discreet men of that fee, who shall be responsible for the issues to us or to him to whom we shall assign them; and if we have given or sold the wardship of any such land to anyone and he has therein made destruction or waste, he shall lose that wardship, and it shall be transferred to two lawful and discreet men of that fief, who shall be responsible to us in like manner as aforesaid.
5. The guardian, moreover, so long as he has the wardship of the land, shall keep up the houses, parks, fishponds, stanks, mills, and other things pertaining to the land, out of the issues of the same land; and he shall restore to the heir, when he has come to full age, all his land, stocked with ploughs and wainage, according as the season of husbandry shall require, and the issues of the land can reasonable bear.
6. Heirs shall be married without disparagement, yet so that before the marriage takes place the nearest in blood to that heir shall have notice.
7. A widow, after the death of her husband, shall forthwith and without difficulty have her marriage portion and inheritance; nor shall she give anything for her dower, or for her marriage portion, or for the inheritance which her husband and she held on the day of the death of that husband; and she may remain in the house of her husband for forty days after his death, within which time her dower shall be assigned to her.
8. No widow shall be compelled to marry, so long as she prefers to live without a husband; provided always that she gives security not to marry without our consent, if she holds of us, or without the consent of the lord of whom she holds, if she holds of another.
9. Neither we nor our bailiffs will seize any land or rent for any debt, as long as the chattels of the debtor are sufficient to repay the debt; nor shall the sureties of the debtor be distrained so long as the principal debtor is able to satisfy the debt; and if the principal debtor shall fail to pay the debt, having nothing wherewith to pay it, then the sureties shall answer for the debt; and let them have the lands and rents of the debtor, if they desire them, until they are indemnified for the debt which they have paid for him, unless the principal debtor can show proof that he is discharged thereof as against the said sureties.
10. If one who has borrowed from the Jews any sum, great or small, die before that loan be repaid, the debt shall not bear interest while the heir is under age, of whomsoever he may hold; and if the debt fall into our hands, we will not take anything except the principal sum contained in the bond.
11. And if anyone die indebted to the Jews, his wife shall have her dower and pay nothing of that debt; and if any children of the deceased are left under age, necessaries shall be provided for them in keeping with the holding of the deceased; and out of the residue the debt shall be paid, reserving, however, service due to feudal lords; in like manner let it be done touching debts due to others than Jews.
12. No scutage not aid shall be imposed on our kingdom, unless by common counsel of our kingdom, except for ransoming our person, for m*a*k*i*n*g our eldest son a knight, and for once marrying our eldest daughter; and for these there shall not be levied more than a reasonable aid. In like manner it shall be done concerning aids from the city of London.
13. And the city of London shall have all it ancient liberties and free customs, as well by land as by water; furthermore, we decree and grant that all other cities, boroughs, towns, and ports shall have all their liberties and free customs.
14. And for obtaining the common counsel of the kingdom anent the assessing of an aid (except in the three cases aforesaid) or of a scutage, we will cause to be summoned the archbishops, bishops, abbots, earls, and greater barons, severally by our letters; and we will moveover cause to be summoned generally, through our sheriffs and bailiffs, and others who hold of us in chief, for a fixed date, namely, after the expiry of at least forty days, and at a fixed place; and in all letters of such summons we will specify the reason of the summons. And when the summons has thus been made, the business shall proceed on the day appointed, according to the counsel of such as are present, although not all who were summoned have come.
15. We will not for the future grant to anyone license to take an aid from his own free tenants, except to ransom his person, to make his eldest son a knight, and once to marry his eldest daughter; and on each of these occasions there shall be levied only a reasonable aid.
16. No one shall be distrained for performance of greater service for a knight's fee, or for any other free tenement, than is due therefrom.
17. Common pleas shall not follow our court, but shall be held in some fixed place.
18. Inquests of novel disseisin, of mort d'ancestor, and of darrein presentment shall not be held elsewhere than in their own county courts, and that in manner following; We, or, if we should be out of the realm, our chief justiciar, will send two justiciaries through every county four times a year, who shall alone with four knights of the county chosen by the county, hold the said assizes in the county court, on the day and in the place of meeting of that court.
19. And if any of the said assizes cannot be taken on the day of the county court, let there remain of the knights and freeholders, who were present at the county court on that day, as many as may be required for the efficient m*a*k*i*n*g of judgments, according as the business be more or less.
20. A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his "contentment"; and a merchant in the same way, saving his "merchandise"; and a villein shall be amerced in the same way, saving his "wainage" if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood.
21. Earls and barons shall not be amerced except through their peers, and only in accordance with the degree of the offense.
22. A clerk shall not be amerced in respect of his lay holding except after the manner of the others aforesaid; further, he shall not be amerced in accordance with the extent of his ecclesiastical benefice.
23. No village or individual shall be compelled to make bridges at river banks, except those who from of old were legally bound to do so.
24. No sheriff, constable, coroners, or others of our bailiffs, shall hold pleas of our Crown.
25. All counties, hundred, wapentakes, and trithings (except our demesne manors) shall remain at the old rents, and without any additional payment.
26. If anyone holding of us a lay fief shall die, and our sheriff or bailiff shall exhibit our letters patent of summons for a debt which the deceased owed us, it shall be lawful for our sheriff or bailiff to attach and enroll the chattels of the deceased, found upon the lay fief, to the value of that debt, at the sight of law worthy men, provided always that nothing whatever be thence removed until the debt which is evident shall be fully paid to us; and the residue shall be left to the executors to fulfill the will of the deceased; and if there be nothing due from him to us, all the chattels shall go to the deceased, saving to his wife and children their reasonable shares.
27. If any freeman shall die intestate, his chattels shall be distributed by the hands of his nearest kinsfolk and friends, under supervision of the Church, saving to every one the debts which the deceased owed to him.
28. No constable or other bailiff of ours shall take corn or other provisions from anyone without immediately tendering money therefor, unless he can have postponement thereof by permission of the seller.
29. No constable shall compel any knight to give money in lieu of castle-guard, when he is willing to perform it in his own person, or (if he himself cannot do it from any reasonable cause) then by another responsible man. Further, if we have led or sent him upon military service, he shall be relieved from guard in proportion to the time during which he has been on service because of us.
30. No sheriff or bailiff of ours, or other person, shall take the horses or carts of any freeman for transport duty, against the will of the said freeman.
31. Neither we nor our bailiffs shall take, for our castles or for any other work of ours, wood which is not ours, against the will of the owner of that wood.
32. We will not retain beyond one year and one day, the lands those who have been convicted of felony, and the lands shall thereafter be handed over to the lords of the fiefs.
33. All kydells for the future shall be removed altogether from Thames and Medway, and throughout all England, except upon the seashore.
34. The writ which is called praecipe shall not for the future be issued to anyone, regarding any tenement whereby a freeman may lose his court.
35. Let there be one measure of wine throughout our whole realm; and one measure of ale; and one measure of corn, to wit, "the London quarter"; and one width of cloth (whether dyed, or russet, or "halberget"), to wit, two ells within the selvedges; of weights also let it be as of measures.
36. Nothing in future shall be given or taken for a writ of inquisition of life or limbs, but freely it shall be granted, and never denied.
37. If anyone holds of us by fee-farm, either by socage or by burage, or of any other land by knight's service, we will not (by reason of that fee-farm, socage, or burgage), have the wardship of the heir, or of such land of his as if of the fief of that other; nor shall we have wardship of that fee-farm, socage, or burgage, unless such fee-farm owes knight's service. We will not by reason of any small serjeancy which anyone may hold of us by the service of rendering to us knives, arrows, or the like, have wardship of his heir or of the land which he holds of another lord by knight's service.
38. No bailiff for the future shall, upon his own unsupported complaint, put anyone to his "law", without credible witnesses brought for this purposes.
39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.
40. To no one will we sell, to no one will we refuse or delay, right or justice.
41. All merchants shall have safe and secure exit from England, and entry to England, with the right to tarry there and to move about as well by land as by water, for buying and selling by the ancient and right customs, quit from all evil tolls, except (in time of war) such merchants as are of the land at war with us. And if such are found in our land at the beginning of the war, they shall be detained, without injury to their bodies or goods, until information be received by us, or by our chief justiciar, how the merchants of our land found in the land at war with us are treated; and if our men are safe there, the others shall be safe in our land.
42. It shall be lawful in future for anyone (excepting always those imprisoned or outlawed in accordance with the law of the kingdom, and natives of any country at war with us, and merchants, who shall be treated as if above provided) to leave our kingdom and to return, safe and secure by land and water, except for a short period in time of war, on grounds of public policy- reserving always the allegiance due to us.
43. If anyone holding of some escheat (such as the honor of Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands and are baronies) shall die, his heir shall give no other relief, and perform no other service to us than he would have done to the baron if that barony had been in the baron's hand; and we shall hold it in the same manner in which the baron held it.
44. Men who dwell without the forest need not henceforth come before our justiciaries of the forest upon a general summons, unless they are in plea, or sureties of one or more, who are attached for the forest.
45. We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well.
46. All barons who have founded abbeys, concerning which they hold charters from the kings of England, or of which they have long continued possession, shall have the wardship of them, when vacant, as they ought to have.
47. All forests that have been made such in our time shall forthwith be disafforsted; and a similar course shall be followed with regard to river banks that have been placed "in defense" by us in our time.
48. All evil customs connected with forests and warrens, foresters and warreners, sheriffs and their officers, river banks and their wardens, shall immediately by inquired into in each county by twelve sworn knights of the same county chosen by the honest men of the same county, and shall, within forty days of the said inquest, be utterly abolished, so as never to be restored, provided always that we previously have intimation thereof, or our justiciar, if we should not be in England.
49. We will immediately restore all hostages and charters delivered to us by Englishmen, as sureties of the peace of faithful service.
50. We will entirely remove from their bailiwicks, the relations of Gerard of Athee (so that in future they shall have no bailiwick in England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, Philip Mark with his brothers and his nephew Geoffrey, and the whole brood of the same.
51. As soon as peace is restored, we will banish from the kingdom all foreign born knights, crossbowmen, serjeants, and mercenary soldiers who have come with horses and arms to the kingdom's hurt.
52. If anyone has been dispossessed or removed by us, without the legal judgment of his peers, from his lands, castles, franchises, or from his right, we will immediately restore them to him; and if a dispute arise over this, then let it be decided by the five and twenty barons of whom mention is made below in the clause for securing the peace. Moreover, for all those possessions, from which anyone has, without the lawful judgment of his peers, been disseised or removed, by our father, King Henry, or by our brother, King Richard, and which we retain in our hand (or which as possessed by others, to whom we are bound to warrant them) we shall have respite until the usual term of crusaders; excepting those things about which a plea has been raised, or an inquest made by our order, before our taking of the cross; but as soon as we return from the expedition, we will immediately grant full justice therein.
53. We shall have, moreover, the same respite and in the same manner in rendering justice concerning the disafforestation or retention of those forests which Henry our father and Richard our broter afforested, and concerning the wardship of lands which are of the fief of another (namely, such wardships as we have hitherto had by reason of a fief which anyone held of us by knight's service), and concerning abbeys founded on other fiefs than our own, in which the lord of the fee claims to have right; and when we have returned, or if we desist from our expedition, we will immediately grant full justice to all who complain of such things.
54. No one shall be arrested or imprisoned upon the appeal of a woman, for the death of any other than her husband.
55. All fines made with us unjustly and against the law of the land, and all amercements, imposed unjustly and against the law of the land, shall be entirely remitted, or else it shall be done concerning them according to the decision of the five and twenty barons whom mention is made below in the clause for securing the pease, or according to the judgment of the majority of the same, along with the aforesaid Stephen, archbishop of Canterbury, if he can be present, and such others as he may wish to bring with him for this purpose, and if he cannot be present the business shall nevertheless proceed without him, provided


中文译本：
     受命于天的英格兰国王兼领爱尔兰宗主，诺曼底与阿奎丹公爵、安茹伯爵约翰，谨向大主教，主教，住持，伯爵，男爵，法官，森林官，执行吏，典狱官，差人，及其管家吏与忠顺的人民致候。

由于可敬的神父们，坎特伯里大主教，英格兰大教长兼圣罗马教会红衣主教斯提芬；杜伯林大主教亨利……暨培姆布卢克大司仪伯爵威廉；索斯伯利伯爵威廉……等贵族，及其他忠顺臣民谏议，使余等知道，为了余等自身以及余等之先人与后代灵魂的安全，同时也为了圣教会的昌盛和王国的兴隆，上帝的意旨使余等承认下列诸端，并昭告全国：

(1)首先，余等及余等之后嗣坚决应许上帝，根据本宪章，英国教会当享有自由，其权利将不受干扰，其自由将不受侵犯。关于英格兰教会所视为最重要与最必需之自由选举，在余等与诸男爵发生不睦之前曾自动地或按照己意用特许状所颁赐者，——同时经余等请得教王英诺森三世所同意者——余等及余等之世代子孙当永以善意遵守。此外，余等及余等之子孙后代，同时亦以下面附列之各项自由给予余等王国内一切自由人民，并允许严行遵守，永矢勿渝。

(2)任何伯爵或男爵，或因军役而自余等直接领有采地之人身故时，如有已达成年之继承者，于按照旧时数额缴纳承继税后，即可享有其遗产。计伯爵继承人于缴纳一百镑后，即可享受伯爵全部遗产；男爵继承人于缴纳一百镑后，即可享受男爵全部遗产；武士继承人于最多缴纳一百先令后，即可享受全部武士封地。其他均应按照采地旧有习惯，应少交者须少交。

(3)上述诸人之继承人如未达成年，须受监护者，应于成年后以其遗产交付之，不得收取任何继承税或产业转移税。

(4)凡经管前款所述未达成年之继承人之土地者，除自该项土地上收取适当数量之产品，及按照习惯应行征取之赋税与力役外，不得多有需索以免耗费人力与物力。如余等以该项土地之监护权委托执行吏或其他人等，俾对其收益向余等负责，而其人使所保管之财产遭受浪费与损毁时，余等将处此人以罚金，并将该项土地转交该采地中合法与端正之人士二人，俾对该项收益能向余等或余等所指定之人负责。如余等将该项土地之监护权赐予或售予任何人，而其人使土地遭受浪费与损毁时，即须丧失监护权，并将此项土地交由该采地中之合法与端正人士二人，按照前述条件向余等负责。

(5)此外，监护人在经管土地期间，应自该项土地之收益中拨出专款为房屋、园地、鱼塘、池沼、磨坊及其他附属物修缮费用，俾能井井有条。继承人达成年时，即应按照耕耘时之需要，就该项土地收益所许可之范围内置备犁、锄、与其他农具，附于其全部土地内归还之。

(6)继承人得在不贬抑其身分之条件下结婚，但在订婚前应向其宅人之卑属亲族通告。

(7)寡妇于其夫身故后，应不受任何留难而立即获得其嫁资与遗产。寡妇之嫁奁，嫁资，及其应得之遗产与其夫逝世前为二人共同保有之物品，俱不付任何代价。[自愿改醮]之寡妇得于其夫身故后，居留夫宅四十日，在此期间其嫁奁应交还之。

(8)寡妇之自愿孀居者，不得强迫其改醮，但寡妇本人，如执有余等之土地时，应提供保证，未得余等同意前不改醮。执有其他领主之土地者，亦应获得其他领主同意。

(9)凡债务人之动产足以抵偿其债务时，无论余等或余等之执行吏，均不得强取收入以抵偿债务。如负债人之财产足以抵偿其债务，即不得使该项债务之担保人受扣押动产之处分。但如债务人不能偿还债务，或无力偿还债务时，担保人应即负责清偿。担保人如愿意时，可扣押债务人之土地与收入，甚至后者偿还其前所代偿之债务时为止。惟该债务人能证明其所清偿已超过保人担保之额著，不在此限。

(10)任何向犹太人借债者，不论其数额多少，如在未清偿前身故，此项债款在负责清偿之继承人未达成年之前不得负有利息，如此项债务落入余等之手，则余等除契据上载明之动产以外，不得收取任何其他物品。

(11)欠付犹太人债务者亡故时，其妻仍应获得其嫁资，不负偿债之责。亡故者如有未成年之子女时，应按亡者遗产之性质，留备彼等之教养费，剩余数额，除扣还领主应得之报效外，始可作为清偿债务之用。关于犹太人以外之债务，同样依此规定处理。

(12)除下列三项税金外，设无全国公意许可，将不征收任何免役税与贡金。即(一)赎回余等身体时之赎金[指被俘时]。(二)策封余等之长子为武士时之费用。(三)余等之长女出嫁时之费用——但以一次为限。且为此三项目的征收之贡金亦务求适当。关于伦敦城之贡金，按同样规定办理。

(13)伦敦城，无论水上或陆上，俱应享有其旧有之自由与自由习惯。其他城市、州、市镇，港口，余等亦承认或赐予彼等以保有自由与自由习惯之权。

(14)凡在上述征收范围之外，余等如欲征收贡金与免役税，应用加盖印信之诏书致送各大主教，主教，住持，伯爵与男爵指明时间与地点召集会议，以期获得全国公意。此项诏书之送达，至少应在开会以前四十日，此外，余等仍应通过执行吏与管家吏普遍召集凡直接领有余等之土地者。召集之缘由应于诏书内载明。召集之后，前项事件应在指定日期依出席者之公意进行，不以缺席人数阻延之。

(15)自此以往，除为赎还其本人之身体，策封其长子为武士，与一度出嫁其长女以外。余等不得准许任何人向其自由人征取贡金。而为上述目的所征收之贡金数额亦务求合乎情理。

(16)不得强迫执有武士采地，或其他自由保有地之人，服额外之役。

(17)一般诉讼应在一定地方审问，无需追随国王法庭请求处理。

(18)凡关于强占土地，收回遗产及最后控诉等案件，应不在该案件所发生之州以外地区审理。其方法如下：由余等自己，或余等不在国内时，由余等之DF官，指定法官二人，每年四次分赴各州郡，会同该州郡所推选之武士四人，在指定之日期，于该州郡法庭所在地审理之。

(19)州郡法庭开庭之日，如上述案件未能审理，则应就当日出庭之武士与自由佃农中酌留适当人数，俾能按照事件性质之轻重作出合宜裁决。

(20)自由人犯轻罪者，应按犯罪之程度科以罚金；犯重罪者应按其犯罪之大小没收其土地，与居室以外之财产；对于商人适用同样规定，但不得没收其货物。凡余等所辖之农奴犯罪时，亦应同样科以罚金，但不得没收其农具。上述罚金，须凭邻居正直之人宣誓证明，始得科罚。

(21)伯爵与男爵，非经其同级贵族陪审，并按照罪行程度外不得科以罚金。

(22)教士犯罪时，仅能按照处罚上述诸人之方法，就其在俗之财产科以罚金；不得按照其教士采地之收益为标准科处罚金。

(23)不得强迫任何市镇与个人修造渡河桥梁，惟向未负有修桥之责者不在此限。

(24)余等之执行吏，巡察吏，检验吏与管家等，均不得受理向余等提出之诉讼。

(25)一切州郡，百人村，小镇市，小区——余等自己之汤沐邑在外——均应按照旧章征收赋税，不得有任何增加。

(26)凡领受余等之采地者亡故时，执有余等向该亡故者索欠之特许证状之执行吏或管家应即依公正人士数人之意见，按照债务数额，将该亡故者之动产加以登记与扣押，使在偿清余等债务之前不得移动。偿清后之剩余，应即交由死者之遗嘱执行人处理。如死者不欠余等之债，则除为其妻子酌留相当部分外，其余一切动产概依亡者所指定之用途处理。

(27)任何未立遗嘱之自由人亡故时，其所遗动产应依教会之意见，经由其戚友之手分配之，但偿还死者债务之部分应予留出。

(28)余等之巡察吏或管家吏，除立即支付价款外，不得自任何人之处擅取谷物或其他动产，但依出售者之意志允予延期付款者不在此限。

(29)武士如愿亲自执行守卫勤务，或因正当理由不能亲自执行，而委托合适之人代为执

行时，巡察吏即不得向之强索财物。武士被率领或被派遣出征时，应在军役期内免除其守卫勤务。

(30)任何执行吏或管家吏，不得擅取自由人之车与马作为运输之用，但依照该自由人之意志为之者，不在此限。

(31)无论余等或余等之管家吏俱不得强取他人木材，以供建筑城堡或其他私用，但依木材所所有人之意志为之者不在此限。
(32)余等留用重罪既决犯之土地不得超过一年零一日，逾期后即应交还该项土地之原

主。

(33)自此以后，除海岸线以外，其他在泰晤斯河，美得威河及全英格兰各地一切河流上之堰坝与鱼梁概须拆除。

(34)自此以后，不得再行颁布强制转移土地争执案件至国王法庭审讯之敕令，以免自由人丧失其司法权。

（35）全国应有统一之度量衡。酒类、烈性麦酒与谷物之量器，以伦敦夸尔为标准；染色布、土布，锁子甲布之宽度应以织边下之两码为标准；其他衡器亦如量器之规定。

（36）自此以后发给检验状（验尸或验伤）时不得索取或给予任何陋规，请求发给时，亦不得拒绝。

（37）任何人以货币租地法，劳役租地法，或特许享有法保有余等之土地，但同时亦保有其他领主之兵役采地者，余等即不得借口上述诸关系强迫取得其继承人（未成年人）及其所保有他人土地之监护权。除该项货币租地，劳役租地与特许享有租地负有军役义务外，余等皆不得主张其监护权。任何人以献纳刀、剑、弓、箭等而得为余等之小军曹者，余等亦不得对其继承人及其所保有之他人土地主张监护权。

(38)自此以后，凡不能提供忠实可靠之证人与证物时，管家吏不得单凭己意使任何人经受神判法（水火法）。

(39)任何自由人，如未经其同级贵族之依法裁判，或经国法判决，皆不得被逮捕，监禁，没收财产，剥夺法律保护权，流放，或加以任何其他损害。

(40)余等不得向任何人出售，拒绝，或延搁其应享之权利与公正裁判。

(41)除战时与余等敌对之国家之人民外，一切商人，倘能遵照旧时之公正习惯，皆可免除苛捐杂税，安全经由水道与旱道，出入英格兰，或在英格兰全境逗留或耽搁以经营商业。战时，敌国商人在我国者，在余等或余等之DF官获知我国商人在敌国所受之待遇前，应先行扣留，但不得损害彼等之身体与货物。如我国商人之在敌国者安全无恙，敌国商人在我国者亦将安全无恙。

(42)自此以后，任何对余等效忠之人民，除在战时为国家与公共幸福得暂加限*制外，皆可由水道或旱道安全出国或入国。但监犯与被褫夺法律保护权之人为例外，关于敌国人民与商人，依前述方法处理。

(43)领有归属土地——诸如自窝林福德，诺定昂，波罗因，兰开斯忒诸勋爵领有者，或其他归属于余等之男爵领地——之附庸亡故时，其继承人不另缴承继税。余等亦不得令其提供较男爵生前更多之役务，一切应依该采地在男爵手中时为标准。

(44)自此以后，不得以普通传票召唤森林区以外之居民赴森林区法庭审讯。但为森林区案件之被告人，或为森林区案件被告之保人者，不在此限。

(45)除熟习本国法律而又志愿遵守者外，余等将不任命任何人为法官，巡察吏，执行吏或管家吏。

(46)一切自英国历朝国王获得特许状创立寺院或握有寺产保管权之男爵(贵族)，应悉仍旧例，在该项寺院无人主持时，负保管之责。

(47)凡在余等即位后所划出之森林区，及建为防御工事之河岸，皆应立即撤除。

(48)有关每一州郡之森林，园圃，森林官，园圃守护人，管家吏及其仆役，河岸及其守护人等之一切陋规恶习，应由各该州郡推选武士十二人，于宣誓后立即驰赴各地详加调查，并于调查后四十日内予以全部彻底革除，务使永不再起。调查情形应先奏知余等，若余等不在国内时则先禀知DF官。

(49)凡英国臣民为表示和好和忠忱所交予余等之人质或其他担保品，概须立即退还。

(50)余等应解除热拉尔之戚及下列诸人(名略)及随从彼等来英任执行吏者之职务，并使彼等自此以后，不再在英国担任此项职务。

(51)君臣复归于好后，余等应将携带马匹与武器来英格兰并危害英国之外国士兵，弩手，仆役及佣兵等立即遣送出境。

(52)任何人凡未经其同级贵族之合法裁决而被余等夺去其土地，城堡，自由或合法权利者，余等应立即归还之。倘有关于此项事件之任何争执发生，应依后列负责保障和平之男爵二十五人之意见裁决之。其有在余等之父亨利王或余等之兄理查王时代，未经其同级贵族之合法判决而被夺去之上述各项，现为余等所有，或为他人所有而应由余等负责者，当较照参加十字军者获得展缓债务权利之一般规定办理。但当余等参谒圣地归来后，或因故中止余等之东征时，余等应即公平处理之。惟在余等誓师东征前正在进行诉讼，或由余等之敕令正在审理中者，不在此限。

(53)关于下列事件亦应依照前条规定处理或展缓处理之；

(甲)余等之父亨利王，兄理查王时代所划出之森林，何者应撤除，何者应保留。

(乙)余等在他人采地中之监护权(此项监护权系因某人曾自余等领受军役采地，因而使余等享有者)。

(丙)余等在他人采地中所建立之寺院(该采地之领主声称有管辖权者)。

当余等参谒圣地归来后，或因故中止余等之东征时，余等应立即对上述诸项予以公正处理。

(54)凡妇女指控之杀人案件，如死者并非其夫，即不得逮捕或监禁任何人。

(55)凡余等所科之一切不正当与不合法之罚金与处罚，须一概免除或纠正之，或依照后列保障和平之男爵二十五人之意见，或大多数男爵连同前述之坎特伯里大主教斯提芬，及其所愿与共同商讨此事件者之意见处理之。遇大教主不能出席时，事件应照常进行。但如上述二十五男爵中有一人或数人与同一事件有关(“大宪章重订译本”作“为同一事件之原告”)，则应于处理此一事件时回避，而代之以其余男爵中所遴选之人。

(56)如余等曾在英格兰或威尔斯，未依其同级贵族之合法裁判，而夺去任何威尔斯贵族之土地，自由或其他物品，应立即归还之。遇有关于此类事件之争执发生时，应交由“边区”贵族处理，凡属英格兰人之产业，按照英格兰法律办理，威尔斯人产业，按照威尔斯法律办理，边区产业则依边区法律办理。威尔斯人对余等及余等之人民应同样行之。

(57)至关于威尔斯人在余等之父亨利，或余等之兄理查时代未经其同级贵族之合法判

决而被夺去之物，现在余等手中，或虽不在余等手中而应由余等负责者，余等将按照参加十字军者可展缓债务之一般规定处理。但当余等参谒圣地归来后，或因故中止余等之东征时，余等应即予以公平处理。惟在余等誓师东征前正在进行诉讼，或由余等之敕令正在审理中者，不在此限。

(58)余等应立即归还刘埃霖之子及威尔斯人一切人质以及作为和平担保之一切信物与

契据。

(59)关于苏格兰王亚历山大，余等将归还其姊妹，质物，自由与合法权利，一如余等对英格兰诸男爵之所为，但属于其父威廉王敕令中所载，而为余等所保有者，不在此限。此一切当依照在英国宫廷中之苏格兰贵族之意见处理。

(60)余等在上述敕令中所公布之一切习惯与自由，就属于余等之范围而言，应为全国臣民，无论僧俗，一律遵守，就属于诸男爵（一切贵族）之范围而言，应为彼等之附庸共同遵守。

(61)余等之所以作前述诸让步，在欲归荣于上帝，致国家于富强，但尤在泯除余等与诸男爵间之意见，使彼等永享太平之福，因此，余等愿再以下列保证赐予之。

诸男爵得任意从国中推选男爵二十五人，此二十五人应尽力遵守，维护，同时亦使其余人等共同遵守余等所颁赐彼等，并以本宪章所赐予之和平与特权。其方法如下：如余等或余等之法官，管家吏或任何其他臣仆，在任何方面干犯任何人之权利，或破坏任何和平条款而为上述二十五男爵中之四人发觉时，此四人可即至余等之前——如余等不在国内时，则至余等之三官前，——指出余等之错误，要求余等立即设法改正。自错误指出之四十日内，如余等，或余等不在国内时，余等之法官不顾改正此项错误，则该四人应将此事取决于其余男爵，而此二十三男爵即可联合全国人民，共同使用其权力，以一切方法向余等施以抑制与压力，诸如夺取余等之城堡、土地与财产等等，务使此项错误终能依照彼等之意见改正而后已。但对余等及余等二王后与子女之人身不得加以侵犯。错误一经改正，彼等即应与余等复为君臣如初。国内任何人如欲按上述方法实行，应宣誓服从前述男爵二十五人之命令，并尽其全力与彼等共同向余等施以压力。余等兹特公开允许任何人皆可作上述宣誓，并允许永不阻止任何人宣誓。国内所有人民，纵其依自己之意志，不愿对该二十五男爵宣誓以共同向余等施用压力者，余等亦应以命令令之宣誓。如上述二十五男爵中有任何人死亡，离国或因故不能执行上述职务时，其余男爵应依己意自其他男爵中推选另外之人代之，其宣誓方法与上述诸人同。此外，上述二十五男爵于受托执行任务时，倘在出席讨论中关于某些事件发生争端，或有某些男爵被召请后，不愿或不能出席时，则出席男爵过半数之决定，或宣布之方案，应被视为合法且具有约束力，一如二十五人全体出席所议决者同。上述二十五男爵应宣誓对前列各项竭诚遵守，并尽力使其余人遵守之，而余等亦不得由自己或通过他人自任何人取得任何物品致使上列诸权利与自由废止或削减。如有此项取得之物，应视同无效与非法，余等自己不得加以利用，亦不得通过别人加以利用。

(62)自斗争开始以来，余等之僧俗臣民与余等之间所发生之一切敌意，愤怒与仇恨，余等已予宽恕并赦宥之，此外，自本朝第十六年复活节起，至和平重建之日止，一切僧俗人民所犯之一切罪过，余等亦已加以宽恕并赦宥之。关于上述各项让步与诺言，余等兹任命坎特伯里大主教斯提芬勋爵，杜伯林大主教亨利勋爵及前述诸主教与班达尔夫君共同草拟敕令以昭信守。

(63)余等即以此敕令欣然而坚决昭告全国：英国教会应享自由，英国臣民及其子孙后代，将如前述，自余等及余等之后嗣在任何事件与任何时期中，永远适当而和平，自由而安静，充分而全然享受上述各项自由，权剂与让与，余等与诺男爵惧已宣誓，将以忠信与善意遵守上述各条款。上列诸人及其他多人当可为证。

浪花

       《权力请愿书》（1628）


查理一世上台以后，滥用监禁和征税的权力，强制推行借债政策，因而导致国内关系紧张。1628年3月，查理一世为解决财政问题，提出征收特殊捐税的要求遭国会拒绝后，就实行“强迫借贷”，严惩拒绝缴费者。国会也不甘示弱，于1628年通过了《权利请愿书》。全文共有8条，列数了国王滥用权力的行为；重申了过去限*制国王征税权利的法律；强调非经议会同意，国王不得强行征税和借债；重申了《大宪章》中有关保护公民自由和权利的内容，规定非经同级贵族的依法审判，任何人不得被逮捕、监禁、流放和剥夺财产及受到其他损害；规定海陆军队不得驻扎居民住宅，不得根据戒严令任意逮捕自由人等等。查理一世开始批准了这一请愿书。《权利请愿书》是议会争取自由和权利的胜利果实。但查理接受《权利请愿书》只是权宜之计，并无意真正执行它，当议会批准补助金后，查理一世对议会抗*议他征收吨税和磅税恼羞成怒，遂下令解散议会，自由英国进入无国会的专*制统治时期，《权利请愿书》也被抛弃。资产阶级革*命胜利后，议会对《权利请愿书》重新解释，赋予其新的内涵，并把它认定为英国宪法的渊源之一。



权利请愿书（英文版）
This is a statement of the objectives of the 1628 English legal reform movement that led to the Civil War and deposing of Charles I in 1649. It expresses many of the ideals that later led to the American Revolution.

                      The Petition of Right

1628

  Ⅰ.   The Petition exhibited to his Majesty by the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, concerning divers Rights and Liberties of the Subjects, with the King's Majesty's royal answer thereunto in full Parliament. To the King's Most Excellent Majesty, Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembles, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward I, commonly called Stratutum de Tellagio non Concedendo, that no tallage or aid shall be laid or levied by the king or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm; and by authority of parliament holden in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that from thenceforth no person should be compelled to make any loans to the king against his will, because such loans were against reason and the franchise of the land; and by other laws of this realm it is provided, that none should be charged by any charge or imposition called a benevolence, nor by such like charge; by which statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge not set by common consent, in parliament.

  II. Yet nevertheless of late divers commissions directed to sundry commissioners in several counties, with instructions, have issued; by   means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or statutes of this realm, and have been constrained to become bound and make appearance and give utterance before your Privy Council and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty, or your Privy Council, against the laws and free custom of the realm.

III. And whereas also by the statute called 'The Great Charter of the Liberties of England,' it is declared and enacted, that no freeman may be taken or imprisoned or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.

  IV. And in the eight-and-twentieth year of the reign of King Edward III, it was declared and enacted by authority of parliament, that no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disinherited nor put to death without being brought to answer by due process of law.

V. Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices by your Majesty's writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the lords of your Privy Council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to the law.

  VI. And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn against the laws and customs of this realm, and to the great grievance and vexation of the people.

  VII. And whereas also by authority of parliament, in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter and the law of the land; and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament: and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm; nevertheless of late time divers commissions under your Majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanor whatsoever, and by such summary course and order as is agreeable to martial law, and is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.

  VIII. By pretext whereof some of your Majesty's subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been judged and executed.

  IX. And also sundry grievous offenders, by color thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes, upon pretense that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid; which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm.

  X. They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament; and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same or for refusal thereof; and that no freeman, in any such manner as is before mentioned, be imprisoned or detained; and that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come; and that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by color of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.

  XI. All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, that the awards, doings, and proceedings, to the prejudice of your people in any of the premises, shall not be drawn hereafter into consequence or example; and that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honor of your Majesty, and the prosperity of this kingdom.


《权力请愿书》中文译本


灵俗两界贵族与众议员集议于国会，谨奏于圣主国王陛下：昔国王爱德华一世临朝时，曾制订一项条例，通称为“statutum de Tallagionon Concedendo”，明定凡贡税或补助金，如未经本王国大主教、主教、伯爵、男爵、骑士、市民及平民中其他自由人之惠然同意，则国王或其嗣君不得于本王国内征课之。又国会复于爱德华三世御极之二十五年制定法律规定，此后不得强迫任何人违反本意，借贷款项与英国之君主，良以此种贷款既背天理，且又违反英国人民所享之权利与特权，又按英国其他法律之规定，亦不得强迫任何人向英国君主作任何类似之捐献，或任何其他类似之捐献。是故根据上述法律、与其他法良意美之英国法律与规章，陛下臣民可谓生而享有此种自由，即非经国会同意，得有不被强迫缴纳任何租税，特种地产税，捐献及其他各种非法捐税之自由。但在最近，却不幸有与上述法律规定背道而驰的情况发生。于是有些委员会派出人员，分赴各郡，称奉诏命，强迫人民，对于陛下缴纳种种之款项，人民如不遵照办理，则彼等动辄勒令立誓，必须恪遵枢密院及其他机关之传唤，出庭应询。凡此措施，均为违反英国法律之规定，实非英国法律之所能容许。但在若干地区，若干人民却竟因此而被监禁、羁押、与种种之骚扰。又有若干人民己因郡长、副郡长、警*察官、法官、及其他之官吏，称奉诏命，或枢密院命，致被*迫缴纳种种款项，尤其违背法律与英国之习俗。 　　
又据名为“英格兰各项自由之大宪章”之条例明定，凡自由人除经其同侪之合法裁判，或依国法外，皆不得加以拘捕、监禁，或剥夺其管业权、各项自由及自由习惯，或置诸法外，或加以放逐，亦不得以任何方式加以毁伤。当爱德华三世御极之第二十八年，国会亦曾制定法律规定，任何人除经依法律正当程序之审判，不论其身份与环境状况如何，均不得将其驱逐出国，或强使离开所居住之采邑，亦不得予以逮捕、拘禁、或取消其继承权，或剥夺其生存之权利。但在最近，又不幸而有与上述规定及其他善良意美之英国法律相违背之事发生。是即陛下若干之臣民，竟至无端而遭受监禁。迨以陛下所颁之人身保护状呈请法院予以救济时，依照向例，法院应即令斥监禁机关说明加以监禁之原因。但原因莫可究诘，而监禁之机关仅谓乃系遵奉经由枢密院所颁之陛下特别诏命办理。且又将被押者还监，而其实未曾控以依法应由彼等负责之任何罪名。 [1]　　
近来更有大批海陆军队，散驻全国各郡，并违反居民*意志，强迫居民接纳住入其家宅，忍受其长期驻扎，既有背于本王国之法律与习惯，且使民不堪命。 　　
国王爱德华三世临朝之第二十五年，国会又制法明定，不得违反大宪章之精神与国法，对任何人臆断处死或残其肢体；更据该大宪章及本王国其他法律条例等，任何人除依本王国习惯或国会法案所确定之法律，不应判处死刑；又无论何种罪犯，均不得免受通行程序之审讯，亦不得豁免本王国法律及条例所加之刑罚。但不幸的是最近陛下玺令设置种种委员会，派遣委员分赴各郡，使享有权威，得对陆海军人，及其他莠民之伙同犯杀人罪、抢劫罪、重罪、反叛罪，暴*动罪，或其他各种之轻罪者，均按戒严法*论处。众所周知，戒严法之审判程序简单，是故只惟在于战时军中应当适用此种法律。因为根据戒严法审判，犯以上各种罪名者，动辄须以死刑议处。所以遂有若干之臣民，致被该委员等判处死刑。倘系根据普通法律审判，彼等固应死无恕言。但在现时，除非根据上述之戒严法审判，则彼等之罪，不至于死。且已经认定以上各种罪名，应由此种委员会依据戒严法予以审判，所以又使普通官吏，与司法人员，有所推诿，不肯援引普通法律对于此等罪犯提起控诉。所以因之，反使若干情节重大之罪犯，得以逍遥法外，免遭处分。是知此种军法委员会与其他类似性质机构之设置，完全违反上文所述各种法律之规定，以及现时英国之法律。 　　
据此，彼等(即请愿者两院议员——译者)伏祈圣主陛下：自今而后，非经国会法案共表同意，不宜强迫任何人征收或缴付任何贡金、贷款、强迫献金、租税或类此负担；亦不宜因此等负担，或因拒绝此等负担，而对任何人命令其答辩，或作答辩之宣誓，或传唤出庭，或加以禁闭，或另加其他折磨或困扰；亦不宜使任何自由人因上述种种致遭监禁或扣押；陛下宜调离上述海陆军队，俾民人等今后不再受累；又上述执行戒严法之钦差亦宜撤废；又今后不宜再委何人任此类特职，或令其以上述方式执行其职权，恐其有所凭借，竟违背国法民权，使陛下臣民皆有遭受陷害或被处死之虞。 　　
彼等所伏请于陛下者，皆按诸本国法律条例而原为其权利与自由者；陛下亦宜开恩昭示：凡有关以上所举种种害民之裁决、行为和措施，今后皆不得据之以为结论或先例，陛下更宜为增进人民之幸福安全计，颁示德意：凡官吏大臣对上述诸事皆应依国法律例行事，而示效忠陛下，以增进主上之圣德与国家之隆盛。 　　
是年六月二日，国王驾莅国会，批曰，汝等所呈权利请愿书一件，读悉，准如所请。此后复于六月七日，六月二十日，莅临国会，重申六月二日之谕旨。

浪花

《权力法案》


《权利法案》（the Bill of Rights），全称《国民权利与自由和王位继承宣言》（An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown），是英国资产阶级革*命中的重要法律文件，奠定了英国君主立宪政体的理论和法律基础，确立了议会高于王权的原则，具有宪法的性质，标志着君主立宪制开始在英国建立，为英国资本主义的迅速发展扫清了道路。

1660年斯图亚特王朝复辟后，开始倒行逆施，不仅大力压制反对派，企图恢复国王集权，而且企图在英国恢复天主教，这引起了当时英国辉格党和部分托利党人的反对，矛盾逐渐激化。恰好，信奉天主教的詹姆斯二世的第二个妻子生了一个儿子，这位未来的国王将来必定信奉天主教无疑！这样，原来人们认为詹姆斯二世死后他的信奉新教的女儿将继位的希望破灭了，于是人们决定采取行动。包括伦敦主教在内的几位著名人物发送了一封密信给在荷兰的信奉新教的詹姆斯二世的女儿玛丽和女婿威廉，邀请他们到英国来保护英国的“宗教、自由和财产”。对威廉来说，他主要关心的是如何能为他的妻子和他自己争夺英国的王位继承权，同时他也认为他入主英国可以防止英国同法国结盟以共同反对荷兰，因而接受了邀请。 为了避免当年（1660年）邀请斯图亚特王朝复辟的前车之鉴，英国决定以法律形式限*制国王的权力，保证自己的权力，于是在议会上、下两院共同召开的全体会议上，向威廉和玛丽提出了一个“权利宣言”，要求国王以后未经议会同意不能停止法律的效力，不经议会同意不能征收赋税，今后任何天主教*徒不得担任英国国王，任何国王不能与罗马天主教*徒结婚等。威廉接受了这些要求，即英国王位，是为威廉三世，玛丽即位为英国女王，是为玛丽二世。1689年10月，议会通过了“权利宣言”并制订为法律，是为《权利法案》。


《权力法案》原文
English Bill of Rights 1689
An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown
Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:
Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;
By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;
By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;
By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;
By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;
By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;
By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;
By violating the freedom of election of members to serve in Parliament;
By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;
And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;
And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;
And excessive fines have been imposed;
And illegal and cruel punishments inflicted;
And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;
All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;
And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;
And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare
That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;
That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;
That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;
That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;
That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;
That election of members of Parliament ought to be free;
That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;
That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;
And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.
And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein. Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights which they have here asserted, and from all other attempts upon their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and princess during their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly.
And that the oaths hereafter mentioned be taken by all persons of whom the oaths have allegiance and supremacy might be required by law, instead of them; and that the said oaths of allegiance and supremacy be abrogated.
I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to their Majesties King William and Queen Mary. So help me God.
I, A.B., do swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position, that princes excommunicated or deprived by the Pope or any authority of the see of Rome may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God.
Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration. And thereupon their Majesties were pleased that the said Lords Spiritual and Temporal and Commons, being the two Houses of Parliament, should continue to sit, and with their Majesties' royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal and Commons did agree, and proceed to act accordingly. Now in pursuance of the premises the said Lords Spiritual and Temporal and Commons in Parliament assembled, for the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of law made in due form by authority of Parliament, do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the true, ancient and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed and taken to be; and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed in the said declaration, and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all time to come. And the said Lords Spiritual and Temporal and Commons, seriously considering how it hath pleased Almighty God in his marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties' royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the sincerity of their hearts think, and do hereby recognize, acknowledge and declare, that King James the Second having abdicated the government, and their Majesties having accepted the crown and royal dignity as aforesaid, their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland and the dominions thereunto belonging, in and to whose princely persons the royal state, crown and dignity of the said realms with all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully, rightfully and entirely invested and incorporated, united and annexed. And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown, and for preserving a certainty in the succession thereof, in and upon which the unity, peace, tranquility and safety of this nation doth under God wholly consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them, and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever, and do faithfully promise that they will stand to, maintain and defend their said Majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt anything to the contrary. And whereas it hath been found by experience that it is inconsistent with the safety and welfare of this Protestant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray that it may be enacted, that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be excluded and be for ever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead; and that every king and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her coming to the crown, sitting in his or her throne in the House of Peers in the presence of the Lords and Commons therein assembled, or at his or her coronation before such person or persons who shall administer the coronation oath to him or her at the time of his or her taking the said oath (which shall first happen), make, subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second entitled, _An Act for the more effectual preserving the king's person and government by disabling papists from sitting in either House of Parliament._ But if it shall happen that such king or queen upon his or her succession to the crown of this realm shall be under the age of twelve years, then every such king or queen shall make, subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such king or queen shall have attained the said age of twelve years. All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament, and shall stand, remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the authority of the same, declared, enacted and established accordingly.
II. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament no dispensation by _non obstante_ of or to any statute or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more bill or bills to be passed during this present session of Parliament.
III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.


中文译本

国会两院经依法集会于西敏寺宫，为确保英国人民传统之权利与自由而制定本法律。
　　1．凡未经国会同意，以国王权威停止法律或停止法律实施之僭越权力。
　　2．近来以国王权威擅自废除法律或法律实施之僭越权力，为非法权力。
　　3．设立审理宗教事务之钦差法庭之指令，以及一切其他同类指令与法庭，皆为非法而有害。
　　4．凡未经国会准许，借口国王特权，为国王而征收，或供国王使用而征收金钱，超出国会准许之时限或方式者，皆为非法。
　　5．向国王请愿，乃臣民之权利，一切对此项请愿之判罪或控告，皆为非法。
　　6．除经国会同意外，平时在本王国内征募或维持常备军，皆属违法。
　　7．凡臣民系新教*徒者，为防卫起见，得酌量情形，并在法律许可范围内，置备武器。
　　8．国会议员之选举应是自由的。
　　9．国会内之演说自由、辩论或议事之自由，不应在国会以外之任何法院或任何地方，受到弹*劾或讯问。
　　10．不应要求过多的保释金，亦不应强课过分之罚款，更不应滥施残酷非常之刑罚。
　　11．陪审官应予正式记名列表并陈报之，凡审理叛国犯案件之陪审官应为自由世袭地领有人。
　　12．定罪前，特定人的一切让与及对罚金与没收财产所做的一切承诺，皆属非法而无效。
　　13．为申雪一切诉冤，并为修正、加强与维护*法律起见，国会应时常集会。
　　彼等(即灵俗两界贵族与众议员等)并主张、要求与坚持上述各条为彼等无可置疑之权利与自由；凡上开各条中有损人民之任何宣告、判决、行为或诉讼程序，今后断不应据之以为结论或先例。

浪花

     1701年英国王位继承法 (一七OO年制订，一七O一年公布)
　　第一条 当今国王无嗣，死后其王位由安妮公主（Anne）继承，安妮公主无嗣，死后其王位由国王詹姆士一世的孙女、已故波希米王后的女儿、汉诺威选侯索菲亚公主及其信仰新教的后裔继承。
　　当今国王陛下及丹麦安娜公主都无后嗣时，英格兰、法兰西、爱尔兰领土以及所属自治领的王位与尊号，由已故国王詹姆士一世的孙女、已故波希米王后伊丽莎白公主的女儿、汉诺威选侯索菲亚公主继承。当今国王陛下及丹麦安娜公主死后，如果都无后嗣，英格兰、法兰西、爱尔兰领土以及所属自治领的王位、王政、以及英国君主所享有的一切荣誉、称号、皇权、特权、权力与权威等，都应归属于该索菲亚公主及其信仰新教的后裔。贵族院议员及平民院议员本身及其后代，应当以全国人民的名义，在当今国王陛下公主殿下和安娜死后并且无后嗣时，按照本法关于王位继承的限*制规定，坚决拥护和保卫索菲亚公主及其信仰新教的后裔，并竭力以生命和财产对任何企图反对者加以摈斥。
　　第二条 按照本法可以继承王位、坚持同罗马教会交往者，按照威廉国王和玛丽女王第一年的法令第六章的规定，均无资格按前举法令宣誓加冕。 　　凡按照本法的限*制规定可以继承王位者，若现在或将来同罗马教廷或者教会和好，或者保持交往，或者信奉罗马天主教或者与罗马天主教*徒结婚，都应按照前举法令所规定和确认的情形，丧失继承的资格。
　　凡依照本法而即王位的国王和女王，都应在加冕时，按照当今国王和已故玛丽女王统治第一年所制定的国会法令(称为加冕宣誓法)，举行宣誓仪式，并且应当依照该项法令所定的手续和方式，签署并朗诵其中所规定的誓词。
　　第三条 关于保障这些领地的宗教、法律和自由的更详明的规定。
　　当今国王和丹麦安娜公主死后且无后嗣时，为保障我们的宗教、法律和自由，制订更详明的规定是必要的和必不可少的。这应当由国王陛下商得贵族院和平民院议员的同意，以国王的权力加以规定。
　　此后凡登上王位的人，都应同法律规定的英国教会交往。 　　此后本国王位与尊号归属于非英格兰王国的人的时候，如果未经国会同意，本国国民不负防御不属于英国的领土而从事战争的义务。
　　本法的限*制规定发生效力后，凡生于英格兰、苏格兰或爱尔兰所属自治领或领土之外的人(包括入籍的在内，但父母是英国人的除外)，不得担任枢密院顾问官或者国会两院的议员，也不得担任文武官职，他本人或者他所信托的人不得享有国王赐予的土地或者世袭财产。
　　对国会平民院提出的弹*劾，不得凭恃英王赦免进行抗辩。
　　第四条 本国法律和法令的确认。
　　鉴于英国法律是英国人民与生俱来的权利，因此，凡得登上英国王位的国王和女王，都应依照英国法律的规定管理政务，他们所属官吏和大臣也都应按照同样的法律为国王效力。
　　因此，贵族院和平民院议员谨再作如下的请求：一切保障国教及人民权利和自由的法律和法令以及现行的其他法律和法令，得予批准和确认，并由国王陛下商得贵族院和平民院议员的同意，以他的权力加以批准和确认。

浪花

最后一个找不到英文原文了，大家有知道的帮忙找下

发这些东西不是为了让大家熟悉一下宪政实施的艰难过程

以后我将会逐步整理各国的宪政材料，包括中国法制历程，希望大家有时间可以看看

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