在西方憲法傳統的發展中，從1628年的《權利請願書》、1689年的《權利法案》、1776年的《美國獨立宣言》、1789年法國《人權宣言》到1948年《世界人權宣言》，它（指英國1215年《大憲章》）都起到了關鍵作用。
基本介紹
- 中文名：英國1628年權利請願書
- 外文名：The Petition of Right
- 制定時間：1628年
- 國家制定：英國
憲法傳統,《權利請願書》譯文,《權利請願書》英語原文,
憲法傳統
《權利請願書》譯文
靈俗兩界貴族與眾議員集議於國會，謹奏於聖主國王陛下：
昔國王愛德華一世臨朝時，曾制訂一項條例，通稱為“statutum de Tallagionon Concedendo”，明定凡貢稅或補助金，如未經本王國大主教、主教、伯爵、男爵、騎士、市民及平民中其他自由人之惠然同意，則國王或其嗣君不得於本王國內征課之。
又國會復於愛德華三世御極之二十五年制定法律規定，此後不得強迫任何人違反本意，借貸款項與英國之君主，良以此種貸款既背天理，且又違反英國人民所享之權利與特權，又按英國其他法律之規定，亦不得強迫任何人向英國君主作任何類似之捐獻，或任何其他類似之捐獻。
是故根據上述法律、與其他法良意美之英國法律與規章，陛下臣民可謂生而享有此種自由，即非經國會同意，得有不被強迫繳納任何租稅，特種地產稅，捐獻及其他各種非法捐稅之自由。但在最近，卻不幸有與上述法律規定背道而馳的情況發生。於是有些委員會派出人員，分赴各郡，稱奉詔命，強迫人民，對於陛下繳納種種之款項，人民如不遵照辦理，則彼等動輒勒令立誓，必須恪遵樞密院及其他機關之傳喚，出庭應詢。凡此措施，均為違反英國法律之規定，實非英國法律之所能容許。但在若干地區，若干人民卻竟因此而被監禁、羈押、與種種之騷擾。又有若干人民己因郡長、副郡長、警察官、法官、及其他之官吏，稱奉詔命，或樞密院命，致被迫繳納種種款項，尤其違背法律與英國之習俗。
又據名為“英格蘭各項自由之大憲章”之條例明定，凡自由人除經其同儕之合法裁判，或依國法外，皆不得加以拘捕、監禁，或剝奪其管業權、各項自由及自由習慣，或置諸法外，或加以放逐，亦不得以任何方式加以毀傷。當愛德華三世御極之第二十八年，國會亦曾制定法律規定，任何人除經依法律正當程式之審判，不論其身份與環境狀況如何，均不得將其驅逐出國，或強使離開所居住之采邑，亦不得予以逮捕、拘禁、或取消其繼承權，或剝奪其生存之權利。
但在最近，又不幸而有與上述規定及其他善良意美之英國法律相違背之事發生。是即陛下若干之臣民，竟至無端而遭受監禁。迨以陛下所頒之人身保護狀呈請法院予以救濟時，依照向例，法院應即令斥監禁機關說明加以監禁之原因。但原因莫可究詰，而監禁之機關僅謂乃係遵奉經由樞密院所頒之陛下特別詔命辦理。且又將被押者還監，而其實未曾控以依法應由彼等負責之任何罪名。
近來更有大批海陸軍隊，散駐全國各郡，並違反居民意志，強迫居民接納住入其家宅，忍受其長期駐紮，既有背於本王國之法律與習慣，且使民不堪命。
國王愛德華三世臨朝之第二十五年，國會又製法明定，不得違反大憲章之精神與國法，對任何人臆斷處死或殘其肢體；更據該大憲章及本王國其他法律條例等，任何人除依本王國習慣或國會法案所確定之法律，不應判處死刑；又無論何種罪犯，均不得免受通行程式之審訊，亦不得豁免本王國法律及條例所加之刑罰。但不幸的是最近陛下璽令設定種種委員會，派遣委員分赴各郡，使享有權威，得對陸海軍人，及其他莠民之夥同犯殺人罪、搶劫罪、重罪、反叛罪，暴動罪，或其他各種之輕罪者，均按戒嚴法論處。眾所周知，戒嚴法之審判程式簡單，是故只惟在於戰時軍中應當適用此種法律。因為根據戒嚴法審判，犯以上各種罪名者，動輒須以死刑議處。所以遂有若干之臣民，致被該委員等判處死刑。倘系根據普通法律審判，彼等固應死無恕言。但在現時，除非根據上述之戒嚴法審判，則彼等之罪，不至於死。且已經認定以上各種罪名，應由此種委員會依據戒嚴法予以審判，所以又使普通官吏，與司法人員，有所推諉，不肯援引普通法律對於此等罪犯提起控訴。所以因之，反使若干情節重大之罪犯，得以逍遙法外，免遭處分。是知此種軍法委員會與其他類似性質機構之設定，完全違反上文所述各種法律之規定，以及現時英國之法律。
據此，彼等(即請願者兩院議員——譯者)伏祈聖主陛下：自今而後，非經國會法案共表同意，不宜強迫任何人徵收或繳付任何貢金、貸款、強迫獻金、租稅或類此負擔；亦不宜因此等負擔，或因拒絕此等負擔，而對任何人命令其答辯，或作答辯之宣誓，或傳喚出庭，或加以禁閉，或另加其他折磨或困擾；亦不宜使任何自由人因上述種種致遭監禁或扣押；陛下宜調離上述海陸軍隊，俾民人等今後不再受累；又上述執行戒嚴法之欽差亦宜撤廢；又今後不宜再委何人任此類特職，或令其以上述方式執行其職權，恐其有所憑藉，竟違背國法民權，使陛下臣民皆有遭受陷害或被處死之虞。
彼等所伏請於陛下者，皆按諸本國法律條例而原為其權利與自由者；陛下亦宜開恩昭示：凡有關以上所舉種種害民之裁決、行為和措施，今後皆不得據之以為結論或先例，陛下更宜為增進人民之幸福安全計，頒示德意：凡官吏大臣對上述諸事皆應依國法律例行事，而示效忠陛下，以增進主上之聖德與國家之隆盛。
是年六月二日，國王駕蒞國會，批曰，汝等所呈權利請願書一件，讀悉，準如所請。此後復於六月七日，六月二十日，蒞臨國會，重申六月二日之諭旨。
《權利請願書》英語原文
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.
