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1、權利法案( 1689)國會兩院經依法集會于西敏寺宮,為確保英國人民傳統之權利與自由而制 定本法律。1. 凡未經國會同意,以國王權威停止法律或停止法律實施之僭越權力。2. 近來以國王權威擅自廢除法律或法律實施之僭越權力,為非法權力。3. 設立審理宗教事務之欽差法庭之指令,以及一切其他同類指令與法庭, 皆為非法而有害4. 凡未經國會準許,借口國王特權,為國王而征收,或供國王使用而征收 金錢,超出國會準許之時限或方式者,皆為非法。5. 向國王請愿,乃臣民之權利,一切對此項請愿之判罪或控告,皆為非 法。6. 除經國會同意外,平時在本王國內征募或維持常備軍,皆屬違法。7. 凡臣民系新教徒者,為防衛起見,
2、得酌量情形,并在法律許可范圍內, 置備武器。8. 國會議員之選舉應是自由的。9. 國會內之演說自由、辯論或議事之自由,不應在國會以外之任何法院或 任何地方,受到彈劾或訊問。10. 不應要求過多的保釋金,亦不應強課過分之罰款,更不應濫施殘酷非常 之刑罰。11. 陪審官應予正式記名列表并陳報之,凡審理叛國犯案件之陪審官應為自 由世襲地領有人。12. 定罪前,特定人的一切讓與及對罰金與沒收財產所做的一切承諾,皆屬 非法而無效。13. 為申雪一切訴冤,并為修正、加強與維護法律起見,國會應時常集會。彼等(即靈俗兩界貴族與眾議員等)并主張、要求與堅持上述各條為彼等 無可置疑之權利與自由;凡上開各條中有損人
3、民之任何宣告、判決、行為或訴 訟程序,今后斷不應據之以為結論或先例。BILL OF RIGHTS1689An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the CrownWhereas the Lords Spiritual and Temporal and Commons assembled at Westminster , lawfully , fully and freely representing all the estates of the people
4、of this realm, did upon the thirteenth day ofFebruary in the year of our Lord one thousand six hundred eightyeight old style date present unto their Majesties, then called andknown by the names and style of William and Mary, prince andprincess of Orange , being present in their proper persons , a ce
5、rtain 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 ofdivers evil counsellors, judges and ministers employed by him, didendeavour to subvert and extirpate the Protestant religion and the laws and lib
6、erties 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 powerBy issuing a
7、nd 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 rai
8、sing and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldierscontrary 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
9、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
10、on juries in trials, and particularlydivers jurors in trials for high treason which were not freeholdersAnd 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 illeg
11、al 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 wherea
12、s the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness theprince 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
13、 Spiritual and Temporal and divers principal persons of the Commons) cause lettersto 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 we
14、re of right to be sent to Parliament, to meetand 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 subv
15、erted 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, takinginto their most serious consideration the b
16、est means for attaining the ends aforesaid , do in the first place( as their ancestors inlike case have usuallydone) 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 consen
17、t of Parliament is illegalThat the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised oflate , is illegal ;That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes , and all other commissions an
18、d 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 inother manner than the same is or shall be granted, is illegal ;That it is the right of the subjects to petition the
19、king, andall 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 againstlaw;That the subjects which are Protestants may have arms for their defence suitable to thei
20、r 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 inParliament ought not to be impeached or questioned in any court or place out of Parliament;That excessive bail ought not to be required, nor excessivefi
21、nes imposed , nor cruel and unusual punishments inflicted;That jurors ought to be duly impanelled and returned, and jurorswhich 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
22、and void;And that for redress of all grievances, and for the amendingstrengthening and preserving of the laws, Parliaments ought to beheld frequently.And they do claim , demand and insist upon all and singular the premises as their undoubted rights and liberties, and that nodeclarations , judgments
23、, 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 theirrights they are particularly encouraged by the declaration of his Highness the prince ofOrange as being the only means for o
24、btaining 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
25、 upontheir religion , rights and liberties, the said Lords Spiritual andTemporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared kingand queen of England , France and Ireland and the dominions thereunto belonging , to hold the
26、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 andfull exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and
27、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 thePrincess Anne of Denmark and the heirs of her body, and for defaultof 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
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