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1、權(quán)利法案( 1689)國(guó)會(huì)兩院經(jīng)依法集會(huì)于西敏寺宮,為確保英國(guó)人民傳統(tǒng)之權(quán)利與自由而制 定本法律。1. 凡未經(jīng)國(guó)會(huì)同意,以國(guó)王權(quán)威停止法律或停止法律實(shí)施之僭越權(quán)力。2. 近來(lái)以國(guó)王權(quán)威擅自廢除法律或法律實(shí)施之僭越權(quán)力,為非法權(quán)力。3. 設(shè)立審理宗教事務(wù)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(jīng)國(guó)會(huì)準(zhǔn)許,借口國(guó)王特權(quán),為國(guó)王而征收,或供國(guó)王使用而征收 金錢(qián),超出國(guó)會(huì)準(zhǔn)許之時(shí)限或方式者,皆為非法。5. 向國(guó)王請(qǐng)?jiān)福顺济裰畽?quán)利,一切對(duì)此項(xiàng)請(qǐng)?jiān)钢凶锘蚩馗妫詾榉?法。6. 除經(jīng)國(guó)會(huì)同意外,平時(shí)在本王國(guó)內(nèi)征募或維持常備軍,皆屬違法。7. 凡臣民系新教徒者,為防衛(wèi)起見(jiàn),

2、得酌量情形,并在法律許可范圍內(nèi), 置備武器。8. 國(guó)會(huì)議員之選舉應(yīng)是自由的。9. 國(guó)會(huì)內(nèi)之演說(shuō)自由、辯論或議事之自由,不應(yīng)在國(guó)會(huì)以外之任何法院或 任何地方,受到彈劾或訊問(wèn)。10. 不應(yīng)要求過(guò)多的保釋金,亦不應(yīng)強(qiáng)課過(guò)分之罰款,更不應(yīng)濫施殘酷非常 之刑罰。11. 陪審官應(yīng)予正式記名列表并陳報(bào)之,凡審理叛國(guó)犯案件之陪審官應(yīng)為自 由世襲地領(lǐng)有人。12. 定罪前,特定人的一切讓與及對(duì)罰金與沒(méi)收財(cái)產(chǎn)所做的一切承諾,皆屬 非法而無(wú)效。13. 為申雪一切訴冤,并為修正、加強(qiáng)與維護(hù)法律起見(jiàn),國(guó)會(huì)應(yīng)時(shí)常集會(huì)。彼等(即靈俗兩界貴族與眾議員等)并主張、要求與堅(jiān)持上述各條為彼等 無(wú)可置疑之權(quán)利與自由;凡上開(kāi)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(yīng)據(jù)之以為結(jié)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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