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上海交通大学:《宪政与人权》课程教学资源_外国宪法文件_英国权利法案中英文

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权利法案(1689) 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

权利法案(1689) 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

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;

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 Kings Bench for matters and causes cognizable only in Parliament,and by divers other arbitrary and illegal courses;

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 Kings 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

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;

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 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

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

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

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

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

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