一、英国《权利法案》背景
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“权利宣言”并制订为法律，是为《权利法案》。
二、英国《权利法案》内容
英国《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)，内容并不多，只有短短的十三条：
１、凡未经议会同意，以国王权威停止法律或停止法律实施之僭越权力，为非法权力。
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、议会之选举应是自由的。
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。
人们可以看到“十三条”主要有两方面内容：一、限制国王的权力，约束英王的实际统治权，如第１、２、４、６条；二、保证议会的立法权、财政权、司法权和军权等，如第８、９、１３条。
三、英国《权利法案》意义：
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。
四、英国《权利法案》续作
１７０１年英国议会又通过了一部《王位继承法》，被看作是《权利法案》的补充，这两个法案确立了英国"议会至上"原则，是迈向君主立宪制度的重要一步，议会逐渐成为国家的最高权力机关。《权利法案》是英国历史上自《大宪章》以来最重要的一部法案之一，英国的《权利法案》可以被认为是英国宪法的前身。它改变了人类历史，对英国对世界都产生了巨大而深远的影响。
最后顺便补充两点：１、《权利法案》在英国起宪法作用，属于宪法性质文件，但它并不是成文宪法，世界第一部成文宪法是美国１７８７年宪法；２、美国１７８７年宪法颁布后，曾于１７８９年有大幅度修正，主要是补充了１０条修正案，这１０条修正案也往往被称为《权利法案》（或《人权法案》）。
The Bill of Rights laid out certain basic tenets for, at the time, all Englishmen.
These rights continue to apply today, not only in England, but in each of the
jurisdictions of the Commonwealth realms as well. The people, embodied in the
parliament, are granted immutable civil and political rights through the act,
including:
Freedom from royal interference with the law. Though the sovereign remains
the fount of justice, he or she cannot unilaterally establish new courts or act
as a judge.
Freedom from taxation by Royal Prerogative. The agreement of parliament became
necessary for the implementation of any new taxes.
Freedom to petition the monarch.
Freedom from the standing army during a time of peace. The agreement of parliament
became necessary before the army could be moved against the populace when not
at war.
Freedom for Protestants to bear arms for their own defense, as suitable to
their class and as allowed by law.
Freedom to elect members of parliament without interference from the sovereign.
Freedom of speech and debates; or proceedings in Parliament ought not to be
impeached or questioned in any court or place out of Parliament. This means that
freedom of speech for all, and the proceedings of parliament can not be questioned
in a court of law or any other body outside of parliament itself; this forms the
basis of modern parliamentary privilege
Freedom from cruel and unusual punishment and excessive bail.
Freedom from fine and forfeiture without a trial.
Certain acts of James II were also specifically named and declared illegal
by the Bill of Rights, while James' flight from England in the wake of the Glorious
Revolution was also declared to be an abdication of the throne.
Also, in a prelude to the Act of Settlement to come twelve years later, the
Bill of Rights barred Roman Catholics from the throne of England as "it hath
been found by experience that it is inconsistent with the safety and welfare of
this Protestant kingdom to be governed by a papist prince"; thus William
III and Mary II were named as the successors of James VII and II and that the
throne would pass from them first to Mary's heirs, then to her sister, Princess
Anne of Denmark and her heirs and, further, to any heirs of William by a later
marriage. The monarch was further required to swear a coronation oath to maintain
the Protestant religion.
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.
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