大宪章-英文版

合集下载

大宪章的形成过程

►
At that time king John faced 3 aspects of the pressure.
1. People disputed the way he win the Tactics of the throne（夺得王位手法遭到非议）. 2.King John declared war on France（对法发动战争） and failed. 3.King John argued with the pope on the nomination of The Archbishop of
King John was signing on the Magna Carta.
The spirit of Magna Carta
►1.
► 2. ► 3.
limit the king’s power make the king under the law
Known as "the cornerstone of the British freedom"
Magna Carta
（英国大宪章）
What is Magna Carta
► Magna
Carta (Magna Carta in latin, The Great Charter in English) is a constitution (宪法）which was enacted（颁布） in England in 1215,aiming to limit the absolute power（绝对权力） of the king (especially King John).
the Normans began to invaded England in 1066.They helped the king of Britain become Europe‘s most powerful king（诺曼人自1066年侵略英国并扶植英国国王成为欧洲最具权力的国王）. ► But When king John assumed the throne in thirteenth century a series of events made England feudalism nobility of revolt against him, and required to limit the absolute monarchy（然而约翰国王即位后，一系列矛盾使得英格兰贵族反对他，要求限制他绝对的王权） .

英国自由大宪章英文版

1215年自由大宪章（英文）The Magna Carta (The Great Charter)1215英国是一个没有成文宪法的国家。

他们的宪法是由一系列的文件和法案组成，其中具有奠基意义的一份，就是在1215年6月15日，由英国国王与贵族们签订的《大宪章》。

这张书写在羊皮纸卷上的文件在历史上第一次限制了封建君主的权力，日后成为了英国君主立宪制的法律基石。

大宪章（拉丁文Magna Carter, 英文Great Charter）是英国于1215年订立的宪法，用来限制英国国王（主要是当时的约翰）的绝对权力。

订立大宪章的主要原因是因为教皇、英王约翰及封建贵族对皇室权力出现不同的意见。

大宪章要求皇室放弃部分权力，及尊重司法过程，接受王权受法律的限制。

大宪章是英国在建立宪法政治这长远历史过程的开始。

Preamble: John, by the grace of God, king of England, lord of Ireland, duke of Normandy and Aquitaine, and count of Anjou, to the archbishop, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his bailiffs and liege subjects, greetings. Know that, having regard to God and for the salvation of our soul, and those of all our ancestors and heirs, and unto the honor of God and the advancement of his holy Church and for the rectifying of our realm, we have granted as underwritten by advice of our venerable fathers, Stephen, archbishop of Canterbury, primate of all England and cardinal of the holy Roman Church, Henry, archbishop of Dublin, William of London, Peter of Winchester, Jocelyn of Bath and Glastonbury, Hugh of Lincoln, Walter of Worcester, William of Coventry, Benedict of Rochester, bishops; of Master Pandulf, subdeacon and member of the household of our lord the Pope, of brother Aymeric (master of the Knights of the Temple in England), and of the illustrious men William Marshal, earl of Pembroke, William, earl of Salisbury, William, earl of Warenne, William, earl of Arundel, Alan of Galloway (constable of Scotland), Waren Fitz Gerold, Peter Fitz Herbert, Hubert De Burgh (seneschal of Poitou), Hugh de Neville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip d'Aubigny, Robert of Roppesley, John Marshal, John Fitz Hugh, and others, our liegemen.1. In the first place we have granted to God, and by this our present charter confirmed for us and our heirs forever that the English Church shall be free, and shall have her rights entire, and her liberties inviolate; and we will that it be thus observed; which isapparent from this that the freedom of elections, which is reckoned most important and very essential to the English Church, we, of our pure and unconstrained will, did grant, and did by our charter confirm and did obtain the ratification of the same from our lord, Pope Innocent III, before the quarrel arose between us and our barons: and this we will observe, and our will is that it be observed in good faith by our heirs forever. We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever.2. If any of our earls or barons, or others holding of us in chief by military service shall have died, and at the time of his death his heir shall be full of age and owe "relief", he shall have his inheritance by the old relief, to wit, the heir or heirs of an earl, for the whole barony of an earl by £100; the heir or heirs of a baron, £100 for a whole barony; the heir or heirs of a knight, 100s, at most, and whoever owes less let him give less, according to the ancient custom of fees.3. If, however, the heir of any one of the aforesaid has been under age and in wardship, let him have his inheritance without relief and without fine when he comes of age.4. The guardian of the land of an heir who is thus under age, shall take from the land of the heir nothing but reasonable produce, reasonable customs, and reasonable services, and that without destruction or waste of men or goods; and if we have committed the wardship of the lands of any such minor to the sheriff, or to any other who is responsible to us for its issues, and he has made destruction or waster of what he holds in wardship, we will take of him amends, and the land shall be committed to two lawful and discreet men of that fee, who shall be responsible for the issues to us or to him to whom we shall assign them; and if we have given or sold the wardship of any such land to anyone and he has therein made destruction or waste, he shall lose that wardship, and it shall be transferred to two lawful and discreet men of that fief, who shall be responsible to us in like manner as aforesaid.5. The guardian, moreover, so long as he has the wardship of the land, shall keep up the houses, parks, fishponds, stanks, mills, and other things pertaining to the land, out of the issues of the same land; and he shall restore to the heir, when he has come to full age, all his land, stocked with ploughs and wainage, according as the season of husbandry shallrequire, and the issues of the land can reasonable bear.6. Heirs shall be married without disparagement, yet so that before the marriage takes place the nearest in blood to that heir shall have notice.7. A widow, after the death of her husband, shall forthwith and without difficulty have her marriage portion and inheritance; nor shall she give anything for her dower, or for her marriage portion, or for the inheritance which her husband and she held on the day of the death of that husband; and she may remain in the house of her husband for forty days after his death, within which time her dower shall be assigned to her.8. No widow shall be compelled to marry, so long as she prefers to live without a husband; provided always that she gives security not to marry without our consent, if she holds of us, or without the consent of the lord of whom she holds, if she holds of another.9. Neither we nor our bailiffs will seize any land or rent for any debt, as long as the chattels of the debtor are sufficient to repay the debt; nor shall the sureties of the debtor be distrained so long as the principal debtor is able to satisfy the debt; and if the principal debtor shall fail to pay the debt, having nothing wherewith to pay it, then the sureties shall answer for the debt; and let them have the lands and rents of the debtor, if they desire them, until they are indemnified for the debt which they have paid for him, unless the principal debtor can show proof that he is discharged thereof as against the said sureties.10. If one who has borrowed from the Jews any sum, great or small, die before that loan be repaid, the debt shall not bear interest while the heir is under age, of whomsoever he may hold; and if the debt fall into our hands, we will not take anything except the principal sum contained in the bond.11. And if anyone die indebted to the Jews, his wife shall have her dower and pay nothing of that debt; and if any children of the deceased are left under age, necessaries shall be provided for them in keeping with the holding of the deceased; and out of the residue the debt shall be paid, reserving, however, service due to feudal lords; in like manner let it be done touching debts due to others than Jews.12. No scutage not aid shall be imposed on our kingdom, unless by common counsel of our kingdom, except for ransoming our person, for making our eldest son a knight, andfor once marrying our eldest daughter; and for these there shall not be levied more than a reasonable aid. In like manner it shall be done concerning aids from the city of London.13. And the city of London shall have all it ancient liberties and free customs, as well by land as by water; furthermore, we decree and grant that all other cities, boroughs, towns, and ports shall have all their liberties and free customs.14. And for obtaining the common counsel of the kingdom anent the assessing of an aid (except in the three cases aforesaid) or of a scutage, we will cause to be summoned the archbishops, bishops, abbots, earls, and greater barons, severally by our letters; and we will moveover cause to be summoned generally, through our sheriffs and bailiffs, and others who hold of us in chief, for a fixed date, namely, after the expiry of at least forty days, and at a fixed place; and in all letters of such summons we will specify the reason of the summons. And when the summons has thus been made, the business shall proceed on the day appointed, according to the counsel of such as are present, although not all who were summoned have come.15. We will not for the future grant to anyone license to take an aid from his own free tenants, except to ransom his person, to make his eldest son a knight, and once to marry his eldest daughter; and on each of these occasions there shall be levied only a reasonable aid.16. No one shall be distrained for performance of greater service for a knight's fee, or for any other free tenement, than is due therefrom.17. Common pleas shall not follow our court, but shall be held in some fixed place.18. Inquests of novel disseisin, of mort d'ancestor, and of darrein presentment shall not be held elsewhere than in their own county courts, and that in manner following; We, or, if we should be out of the realm, our chief justiciar, will send two justiciaries through every county four times a year, who shall alone with four knights of the county chosen by the county, hold the said assizes in the county court, on the day and in the place of meeting of that court.19. And if any of the said assizes cannot be taken on the day of the county court, let there remain of the knights and freeholders, who were present at the county court on that day, as many as may be required for the efficient making of judgments, accordingas the business be more or less.20. A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his "contentment"; and a merchant in the same way, saving his "merchandise"; and a villein shall be amerced in the same way, saving his "wainage" if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. 21. Earls and barons shall not be amerced except through their peers, and only in accordance with the degree of the offense.22. A clerk shall not be amerced in respect of his lay holding except after the manner of the others aforesaid; further, he shall not be amerced in accordance with the extent of his ecclesiastical benefice.23. No village or individual shall be compelled to make bridges at river banks, except those who from of old were legally bound to do so.24. No sheriff, constable, coroners, or others of our bailiffs, shall hold pleas of our Crown.25. All counties, hundred, wapentakes, and trithings (except our demesne manors) shall remain at the old rents, and without any additional payment.26. If anyone holding of us a lay fief shall die, and our sheriff or bailiff shall exhibit our letters patent of summons for a debt which the deceased owed us, it shall be lawful for our sheriff or bailiff to attach and enroll the chattels of the deceased, found upon the lay fief, to the value of that debt, at the sight of law worthy men, provided always that nothing whatever be thence removed until the debt which is evident shall be fully paid to us; and the residue shall be left to the executors to fulfill the will of the deceased; and if there be nothing due from him to us, all the chattels shall go to the deceased, saving to his wife and children their reasonable shares.27. If any freeman shall die intestate, his chattels shall be distributed by the hands of his nearest kinsfolk and friends, under supervision of the Church, saving to every one the debts which the deceased owed to him.28. No constable or other bailiff of ours shall take corn or other provisions from anyone without immediately tendering money therefor, unless he can have postponementthereof by permission of the seller.29. No constable shall compel any knight to give money in lieu of castle-guard, when he is willing to perform it in his own person, or (if he himself cannot do it from any reasonable cause) then by another responsible man. Further, if we have led or sent him upon military service, he shall be relieved from guard in proportion to the time during which he has been on service because of us.30. No sheriff or bailiff of ours, or other person, shall take the horses or carts of any freeman for transport duty, against the will of the said freeman.31. Neither we nor our bailiffs shall take, for our castles or for any other work of ours, wood which is not ours, against the will of the owner of that wood.32. We will not retain beyond one year and one day, the lands those who have been convicted of felony, and the lands shall thereafter be handed over to the lords of the fiefs.33. All kydells for the future shall be removed altogether from Thames and Medway, and throughout all England, except upon the seashore.34. The writ which is called praecipe shall not for the future be issued to anyone, regarding any tenement whereby a freeman may lose his court.35. Let there be one measure of wine throughout our whole realm; and one measure of ale; and one measure of corn, to wit, "the London quarter"; and one width of cloth (whether dyed, or russet, or "halberget"), to wit, two ells within the selvedges; of weights also let it be as of measures.36. Nothing in future shall be given or taken for a writ of inquisition of life or limbs, but freely it shall be granted, and never denied.37. If anyone holds of us by fee-farm, either by socage or by burage, or of any other land by knight's service, we will not (by reason of that fee-farm, socage, or burgage), have the wardship of the heir, or of such land of his as if of the fief of that other; nor shall we have wardship of that fee-farm, socage, or burgage, unless such fee-farm owes knight's service. We will not by reason of any small serjeancy which anyone may hold of us by the service of rendering to us knives, arrows, or the like, have wardship of his heir or of the land which he holds of another lord by knight's service.38. No bailiff for the future shall, upon his own unsupported complaint, put anyone tohis "law", without credible witnesses brought for this purposes.39. No freemen shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.40. To no one will we sell, to no one will we refuse or delay, right or justice.41. All merchants shall have safe and secure exit from England, and entry to England, with the right to tarry there and to move about as well by land as by water, for buying and selling by the ancient and right customs, quit from all evil tolls, except (in time of war) such merchants as are of the land at war with us. And if such are found in our land at the beginning of the war, they shall be detained, without injury to their bodies or goods, until information be received by us, or by our chief justiciar, how the merchants of our land found in the land at war with us are treated; and if our men are safe there, the others shall be safe in our land.42. It shall be lawful in future for anyone (excepting always those imprisoned or outlawed in accordance with the law of the kingdom, and natives of any country at war with us, and merchants, who shall be treated as if above provided) to leave our kingdom and to return, safe and secure by land and water, except for a short period in time of war, on grounds of public policy- reserving always the allegiance due to us.43. If anyone holding of some escheat (such as the honor of Wallingford, Nottingham, Boulogne, Lancaster, or of other escheats which are in our hands and are baronies) shall die, his heir shall give no other relief, and perform no other service to us than he would have done to the baron if that barony had been in the baron's hand; and we shall hold it in the same manner in which the baron held it.44. Men who dwell without the forest need not henceforth come before our justiciaries of the forest upon a general summons, unless they are in plea, or sureties of one or more, who are attached for the forest.45. We will appoint as justices, constables, sheriffs, or bailiffs only such as know the law of the realm and mean to observe it well.46. All barons who have founded abbeys, concerning which they hold charters from the kings of England, or of which they have long continued possession, shall have the wardship of them, when vacant, as they ought to have.47. All forests that have been made such in our time shall forthwith be disafforsted; anda similar course shall be followed with regard to river banks that have been placed "in defense" by us in our time.48. All evil customs connected with forests and warrens, foresters and warreners, sheriffs and their officers, river banks and their wardens, shall immediately by inquired into in each county by twelve sworn knights of the same county chosen by the honest men of the same county, and shall, within forty days of the said inquest, be utterly abolished, so as never to be restored, provided always that we previously have intimation thereof, or our justiciar, if we should not be in England.49. We will immediately restore all hostages and charters delivered to us by Englishmen, as sureties of the peace of faithful service.50. We will entirely remove from their bailiwicks, the relations of Gerard of Athee (so that in future they shall have no bailiwick in England); namely, Engelard of Cigogne, Peter, Guy, and Andrew of Chanceaux, Guy of Cigogne, Geoffrey of Martigny with his brothers, Philip Mark with his brothers and his nephew Geoffrey, and the whole brood of the same.51. As soon as peace is restored, we will banish from the kingdom all foreign born knights, crossbowmen, serjeants, and mercenary soldiers who have come with horses and arms to the kingdom's hurt.52. If anyone has been dispossessed or removed by us, without the legal judgment of his peers, from his lands, castles, franchises, or from his right, we will immediately restore them to him; and if a dispute arise over this, then let it be decided by the five and twenty barons of whom mention is made below in the clause for securing the peace. Moreover, for all those possessions, from which anyone has, without the lawful judgment of his peers, been disseised or removed, by our father, King Henry, or by our brother, King Richard, and which we retain in our hand (or which as possessed by others, to whom we are bound to warrant them) we shall have respite until the usual term of crusaders; excepting those things about which a plea has been raised, or an inquest made by our order, before our taking of the cross; but as soon as we return from the expedition, we will immediately grant full justice therein.53. We shall have, moreover, the same respite and in the same manner in rendering justice concerning the disafforestation or retention of those forests which Henry our father and Richard our broter afforested, and concerning the wardship of lands which are of the fief of another (namely, such wardships as we have hitherto had by reason of a fief which anyone held of us by knight's service), and concerning abbeys founded on other fiefs than our own, in which the lord of the fee claims to have right; and when we have returned, or if we desist from our expedition, we will immediately grant full justice to all who complain of such things.54. No one shall be arrested or imprisoned upon the appeal of a woman, for the death of any other than her husband.55. All fines made with us unjustly and against the law of the land, and all amercements, imposed unjustly and against the law of the land, shall be entirely remitted, or else it shall be done concerning them according to the decision of the five and twenty barons whom mention is made below in the clause for securing the pease, or according to the judgment of the majority of the same, along with the aforesaid Stephen, archbishop of Canterbury, if he can be present, and such others as he may wish to bring with him for this purpose, and if he cannot be present the business shall nevertheless proceed without him, provided always that if any one or more of the aforesaid five and twenty barons are in a similar suit, they shall be removed as far as concerns this particular judgment, others being substituted in their places after having been selected by the rest of the same five and twenty for this purpose only, and after having been sworn.56. If we have disseised or removed Welshmen from lands or liberties, or other things, without the legal judgment of their peers in England or in Wales, they shall be immediately restored to them; and if a dispute arise over this, then let it be decided in the marches by the judgment of their peers; for the tenements in England according to the law of England, for tenements in Wales according to the law of Wales, and for tenements in the marches according to the law of the marches. Welshmen shall do the same to us and ours.57. Further, for all those possessions from which any Welshman has, without the lawful judgment of his peers, been disseised or removed by King Henry our father, or King Richard our brother, and which we retain in our hand (or which are possessed by others,and which we ought to warrant), we will have respite until the usual term of crusaders; excepting those things about which a plea has been raised or an inquest made by our order before we took the cross; but as soon as we return (or if perchance we desist from our expedition), we will immediately grant full justice in accordance with the laws of the Welsh and in relation to the foresaid regions.58. We will immediately give up the son of Llywelyn and all the hostages of Wales, and the charters delivered to us as security for the peace.59. We will do towards Alexander, king of Scots, concerning the return of his sisters and his hostages, and concerning his franchises, and his right, in the same manner as we shall do towards our owher barons of England, unless it ought to be otherwise according to the charters which we hold from William his father, formerly king of Scots; and this shall be according to the judgment of his peers in our court.60. Moreover, all these aforesaid customs and liberties, the observances of which we have granted in our kingdom as far as pertains to us towards our men, shall be observed b all of our kingdom, as well clergy as laymen, as far as pertains to them towards their men.61. Since, moveover, for God and the amendment of our kingdom and for the better allaying of the quarrel that has arisen between us and our barons, we have granted all these concessions, desirous that they should enjoy them in complete and firm endurance forever, we give and grant to them the underwritten security, namely, that the barons choose five and twenty barons of the kingdom, whomsoever they will, who shall be bound with all their might, to observe and hold, and cause to be observed, the peace and liberties we have granted and confirmed to them by this our present Charter, so that if we, or our justiciar, or our bailiffs or any one of our officers, shall in anything be at fault towards anyone, or shall have broken any one of the articles of this peace or of this security, and the offense be notified to four barons of the foresaid five and twenty, the said four barons shall repair to us (or our justiciar, if we are out of the realm) and, laying the transgression before us, petition to have that transgression redressed without delay. And if we shall not have corrected the transgression (or, in the event of our being out of the realm, if our justiciar shall not have corrected it) within forty days, reckoning from the time it has been intimated to us (or to our justiciar, if we should be out of the realm),the four barons aforesaid shall refer that matter to the rest of the five and twenty barons, and those five and twenty barons shall, together with the community of the whole realm, distrain and distress us in all possible ways, namely, by seizing our castles, lands, possessions, and in any other way they can, until redress has been obtained as they deem fit, saving harmless our own person, and the persons of our queen and children; and when redress has been obtained, they shall resume their old relations towards us. And let whoever in the country desires it, swear to obey the orders of the said five and twenty barons for the execution of all the aforesaid matters, and along with them, to molest us to the utmost of his power; and we publicly and freely grant leave to everyone who wishes to swear, and we shall never forbid anyone to swear. All those, moveover, in the land who of themselves and of their own accord are unwilling to swear to the twenty five to help them in constraining and molesting us, we shall by our command compel the same to swear to the effect foresaid. And if any one of the five and twenty barons shall have died or departed from the land, or be incapacitated in any other manner which would prevent the foresaid provisions being carried out, those of the said twenty five barons who are left shall choose another in his place according to their own judgment, and he shall be sworn in the same way as the others. Further, in all matters, the execution of which is entrusted,to these twenty five barons, if perchance these twenty five are present and disagree about anything, or if some of them, after being summoned, are unwilling or unable to be present, that which the majority of those present ordain or command shall be held as fixed and established, exactly as if the whole twenty five had concurred in this; and the said twenty five shall swear that they will faithfully observe all that is aforesaid, and cause it to be observed with all their might. And we shall procure nothing from anyone, directly or indirectly, whereby any part of these concessions and liberties might be revoked or diminished; and if any such things has been procured, let it be void and null, and we shall never use it personally or by another.62. And all the will, hatreds, and bitterness that have arisen between us and our men, clergy and lay, from the date of the quarrel, we have completely remitted and pardoned to everyone. Moreover, all trespasses occasioned by the said quarrel, from Easter in the sixteenth year of our reign till the restoration of peace, we have fully remitted to all,both clergy and laymen, and completely forgiven, as far as pertains to us. And on this head, we have caused to be made for them letters testimonial patent of the lord Stephen, archbishop of Canterbury, of the lord Henry, archbishop of Dublin, of the bishops aforesaid, and of Master Pandulf as touching this security and the concessions aforesaid.63. Wherefore we will and firmly order that the English Church be free, and that the men in our kingdom have and hold all the aforesaid liberties, rights, and concessions, well and peaceably, freely and quietly, fully and wholly, for themselves and their heirs, of us and our heirs, in all respects and in all places forever, as is aforesaid. An oath, moreover, has been taken, as well on our part as on the art of the barons, that all these conditions aforesaid shall be kept in good faith and without evil intent.Given under our hand - the above named and many others being witnesses - in the meadow which is called Runnymede, between Windsor and Staines, on the fifteenth day of June, in the seventeenth year of our reign.。

英国大宪章

•
• 19 • 王迪
孙全康
•
•
历史背景
• 公元1066年，法国诺曼底公爵威廉借口其有权继承英格兰王位而入侵英格兰，并成功打败了英王哈罗德而建立了诺曼底王朝，史称威廉一世。（从此之后直到现代，英国再也没有被外国军队入侵过，虽然也是王朝更迭，但历位英国国王或者女王都是威廉一世后代，因此按我们普通国人的看法，英国自1066年起至今都是一个王朝）。在与哈罗德的一战中，威廉一世主要依靠的是从法国带来的骑士。当时，骑士要拥有备齐了马鞍、马蹬和马衔的数匹战马，以及利剑长矛等武器装备。对这种职业武士的训练要从孩提时代开始一直到21岁，其武器装备和培训训练费是相当昂贵的，于是国王通过向跟随作战的武士授予土地的方式来解决这个问题，这种“回报”的地产就变成了封建财产。这显然是一种契约制度，但并不是现代社会的非人格化的商业契约，因为土地的受封者在人格上变成了封主的臣属，他必须效忠、服务，甚至为主人而献身。在接受封土时举行“臣服礼”不仅具有宗教道德方面的约束力，它还表明因封主把作为封建财产的土地分给封臣，封臣就对封主有服从、效忠和尊重的义务。从此封建制度在英国建立起来。不过，此时的封建制度只是一种习惯法，国王与贵族以习惯而行事，没有成文的规定来明确这一行为。到了公元1199年，英王约翰继位。这位国王能力十分有限，在他的统治前期，其先祖留给他的法国领土大多被法王占领，为了争夺回法国的领土，他穷兵黩武，因而不顾原有封建习惯，大量开征各种税收捐助等，最终迫使部分英国贵族为了保护自己的权利而联合市民阶层武装反抗。1215年初，主要来自北方各郡的贵族在斯坦福聚集，并推进到北安普顿，大贵族在伯拉克利公开拒绝向国王行效忠礼，战争开始。5月17日，反叛贵族秘密进入伦敦，在市民的支持下，国王被迫与25名男爵代表在兰尼德草地上签定了《大宪章》。

UK Politics

4. What is the job of Parliament? The main functions of Parliament are: to pass laws to provide, by voting for taxation税款, the means of carrying on the work of government to scrutinise核对 government policy政策 and administration行政机构, including proposals 预算 for expenditure经费 to debate讨论 the major issues of the day
The Bill of Rights of 1689 (权利法案)
In 1688, King James II’s daughter Mary and her husband William of Orange were invited by the politicians and church authorities当局 to take the throne登基, on condition that they would respect the rights of Parliament. After this Glorious Revolution, the Bill of Rights was passed in 1689 to ensure that the King would never be able to ignore Parliament.
The Great Council(大议会)
In medieval times中世纪, this referred to a group of leading, wealthy barons who were summoned召集 by the king several times a year to give the king some extra money. By the 13th C., representatives代表 of counties, towns and cities were also included in order to raise more money. This was the beginning of what we know as ParMajor political parties 1. Labor Party (the newest, the end of 19th

Magna_Carta(1)

Clauses still in force
The clauses of the 1297 Magna Carta still on statute are:
Clause 1, the freedom of the English Church Clause 9 (clause 13 in the 1215 charter), the “ancient liberties" of the City of London Clause 29 (clause 39 in the 1215 charter), a right to due process
significance
In the jurisprudence of England
the Great Charter is the footstone and a step towards democratic politics.
It made the rulers be enslaved to laws, had initiated the beginning of democratic politics, guided Britain to step on the road o 61
• was removed from all later versions of the charter. Forty years later, after another confrontation between king and barons, the Provisions of Oxford forced on the king a council of twenty four members, 12 selected by the crown, 12 by the barons, which would then elect a king's council of fifteen members; this however was also annulled when Henry III finally won that power struggle.

Magna Carta大宪章

Backgroud
Some barons began to conspire against King John in 1209 and 1212; promises made to the northern barons and John's submission to universal rule of the papacy in 1213 delayed a French invasion.Over the course of his reign a combination of higher taxes, unsuccessful wars that resulted in the loss of English barons' titled possessions in Normandy following the Battle of Bouvines(1214), and the conflict with Pope Innocent III(ending with John's submission in 1213) had made King John unpopular with many of his barons.
No One Can Outmatch The Statute —Magna Carta
Outline
Biref Introduction Backgroud Changes ficance Influence
Brief Introduction
• Magna Carta is an English charter, originally issued in the year 1215 , which included the most direct challenges to the monarch's authority to date. • It was the first document forced onto an English King by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their privileges.

大宪章翻译

首先，我们向上帝许诺，并藉此宪章永远约束我们和我们的继承人，确保英格兰教会的自由，使之充分享有其权利和自由，不受任何干涉。

由最近的自由选举就可以证明，因为对于英格兰教会而言，这是必要的也是重要的。

因此我们的自由意志，不受限制的的权利就应该被授予由宪章确定，而且，我们也得到了主教英诺森三世的批准。

这一切，在我们未与贵族发生冲突前已经确定了。

我们自身应该尊重这种自由，我们也希望继承人能够把这一点牢记于心。

任何自由人不得被逮捕、监禁，剥夺其权利或财产，剥夺其被保护法律的权利和被放逐，不得以任何方式剥夺其身份地位对其施加暴力或者委派其他人这样做，除非受到同等人的法律裁决以及本地法律的允许。

如果任何伯爵、男爵或者其他服兵役者过世，而且当其继承者已成年应交税，按照以往的税额。

也就是说，男爵的继承者应缴纳100英镑，骑士继承人最多缴纳100先令。

其他均应按照原有习惯，少有者少交。

任何巡查官或其他官吏，如不立即支付货款，不得取走任何人家的谷物或者其他不动产，除非出售者提出可以延期付款。

未获得一致同意的情况下，任何兵役免除税和贡金在全国内不允许征收，除非作为个人赎金，册封长子为骑士，或者长女出嫁，但是征收税款数额应适当。

伦敦市的贡金，应该按照同样的规定。

一切州、郡、百人村和十家区，都应按照旧租收税，皇家领地庄园除外。

凡在上述规定的三种税收或者兵役免除税之外，应用书信送往各大主教、住持、伯爵与男爵召集会议，通过执行吏和其他官员，于规定的日期地点集合（至少是通知发出前四十天）以获得全国同意。

在召集会议的所有书信中应阐明召集是由。

会议召集之后应该如期进行，决议应该按照出席人员的意志，即使受召集者未全部出席。

英国大宪章原文及其中文译文

英国大宪章原文及其中文译文以下为英国《大宪章》的原文及中文译文：原文：Magna Carta - the Great CharterJohn, by the grace of God, King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to the archbishops, bishops, abbots, earls, barons, justiciaries, foresters, sheriffs, stewards, servants, and to all his bailiffs and faithful subjects, greeting.Know that we, out of the reverence for God and the salvation of our soul and the souls of all our ancestors and heirs, for the honour of God and the exaltation of holy Church and the reform of our realm, on the advice of our venerable father, Stephen, archbishop of Canterbury, primate of all England and cardinal of the holy Roman Church, of the bishops and other servants of God whom we have called together for this purpose, have granted to God and to the holy Church, and by this our present charter have confirmed for evermore, that the Church of England shall be free, and shall have all her whole rights and liberties inviolable.中文译文：大宪章-《伟大特许状》英格兰国王约翰，依据神的恩典，拥有爱尔兰之主、诺曼底和阿基坦公爵和安茹伯爵的头衔，致函各位大主教、主教、宗座修道院院长、伯爵、男爵、法官、森林官、治安官、管家、仆人，以及所有他的代理人和忠实的臣民，请安。

大宪章

►
三. Customary Law: (习惯法):the majority is recognized by the court in the constitutional political development process in the formation of the constitutional rule of law大多数是在立宪政治发展过程中形成的经法院承认的宪法性法律规则
The composition of the British constitution
主讲：张杨赵静制作：张杨赵静钱雅嫣杨思颖
British Constitution
Unlike most other nations, the UK has no single constitutional document. This is sometimes expressed by stating that it has an “unwritten” constitution. Much of the British constitution is embodied in written documents, within, the statute law (成文法 ) ,Case Law (判例法) the common law（习惯法）.
一.The statute law (成文法): The constitutional legal documents
1. Habeas corpus Act 《人身保护法》
On May 26, 1679, Charles II approved it. And it contains 20 articles, about 4000 words. （1679年5月26日查理二世签署批准。全文20条，约4,000 字。）

King John&Magna Carta英国大宪章详细介绍

John was forced to sign the Magna Carta in 1215. In 1216 John tried to go back on(食言) the Magna Carta. The barons declared war on him. In 1216, he was ill ,during the war he suffered from dysentery(痢疾) and was drowned in the water.
In 1213,John lost a battle to the French at Bouvines. This defeat resulted in England losing all her possessions in France. In 1214, the English rebelled.
In 1207, he quarreled with the pope. The Pope excommunicated( 逐出教会)John. The Pope stated that no christening or marriage would be legal until he said so. This placed people in England under a terrible strain and they blamed one person for this---John.
In 1213,John lost a battle to the French at Bouvines. This defeat resulted in England losing all her possessions in France. In 1214, the English rebelled.

英美社会与文化presentation：magna_carte大宪章

Statue of magna carta
• The Magna Carta represented a turning point in the development of English history.
The Magna Carta represented a turning point in the development of English hisignificance of Magna Carta
The Magna Carta laid down the basic rules for the English and American legal The Magna laid the of basic rules for system. It Carta raised thedown problem protecting the English and American legal system. life, property, preventing possible abuse of power the of the government. And itlife, tried to It raised problem of protecting property, establish a due abuse process law for preventing possible ofof power of trails the of criminal and civil cases. All these rules, government. to protect the process privileged at it designed tried to establish a due ofclass law for were later to the broad trailsfirst, of criminal andextended civil cases. masses of common people and established the guideline for protection of civil rights in the Western World.

名词解释——精选推荐

名词解释英国部分地理the British Isles 不列颠群岛The British Isles lie northwest of Europe in the Atlantic Ocean.They are made up of two large island(Britain and Ireland) and hundreds of small ones.历史Norman Conquest 诺曼征服William the Conqueror defeated King Harold at Hastings and confiscated almost all the land.and gave it to his Norman followers. This invasion is called Norman Conquest.The Great Charter （Magna Carta)⼤宪章It was a document signed in 1215 by King John under compulsion by the powerful barons. The spirit of the Great Charter was the limitation of the king, keeping them within the bouns of the feudal laws of the land.The Hundred Years' War 百年战争A series of wars between England and France that lasted from 1337 to 1453. The cause were partly political and economic. The Black Death ⿊死病It is an epidemic of bubonic plague that spread over the whole of Europe, arrived in England in 1348 and killed perhaps up to a third of the population.The Wars of the Roses 玫瑰战争A series of civil wars between supporters of Lancaster and York between 1455 and 1485Enclosure Movement 圈地运动Landowners forced the peasants out of the land to enclosed the land.The Religious Reformation 宗教改⾰The Protestant Reformation, also called the Protestant Revolt or simply The Reformation, was the European Christian reform movement that established Protestantism as a constituent branch of contemporary Christianity. Renaissance in England ⽂艺复兴the revival of art and literature under the influence of classical models in the 14th–16thCivil war 内战One of the most important events in the whole of British history . It was a conflict between parliament and the king, between the economic interests of the urban middle classes and the traditional economic interests of the Crown. The Glorious Revolution 光荣⾰命It refers to the event of 1688 in the English Revolution, the takeover was relatively smooth, with no bloodshed, nor any execution of the king. This was known as the Glorious Revolution.政治The Bill of Rights 权利法案In 1689,William and Mary accept the Bill of Rights ti be crowned jointly.The bills excluded any Roman Catholic from the succession, confirmed the principle of parliamentary supremacy and guaranteed free speech within both two Houses. Thus the age of constitutional monarchy beganThe Industrial Revolution ⼯业⾰命An accelerated process of economic change that transformed a largely agrarian economy into the world’s first industrial economy.The Chartist Movement 宪章运动It was an attempt in Britain to build an independent colitical party devotedThe British Commonwealth 英联邦Commonwealth, is an association of 53 independent nations, all but one of which are former British colonies or related dependencies.Constitutional monarchy 君主⽴宪制A constitutional monarchy is a form of constitutional government, where either an elected or hereditary monarch is the head of state, unlike in an absolute monarchy, where in the king or the queen is the sole source of political power, as he or she is not legally bound by the constitutionThe Cabinet 内阁It is the committee at the center of the British political system and supreme decision- making body in government The House of Lords上议院(1)It's an important part of parliament. (2)Its members are peers, most of whom are hereditary. (3)Its powers have been severely reduced by the Parliament Acts of 1911 and 1949. (4)It must pass all financial legislation sent to it from the House of Commons, and can delay other Bills for only one year. (5)It has a special judicial function.The House of Commons下议院(1)It consists of 635 elected Members of Parliament. (2)MPs have a number of privileges, eg. the freedom of speech in Parliament. (3)It's by far the most powerful and important element in Parliament, therefore plays the key role in the activities of Parliament as a whole.教育State school and “Public school”Local authority maintained schools and free to all children between the ages of 5-16Independent schools, parents pay for their children’s education美国部分地理1.The Great LakesThe Great Lakes are the most important lakes in the United States.They are Lake Superior, Lake Michigan, Lake Huron, Lake Eire and Lake OntarioNew EnglandNew England refers to the northeastern six states of the US.They are Maine,New Hampshire,Vermont,Massachusetts,Rhode Island and Connecticut.New England is sometimes called the birthp lace of America.The Mississippithe mississippi has been called"father of waters"or"old man river",the mississippi and its tributa ries drain one of the richest farm areas in the world.it is the most important river in the world.历史the Independence of declaration独⽴宣⾔It is the thirteen British colonies of North America declared independence and Britain’s arrogant, sharp move the legitimacy of the proclamationthe Independence War of America 独⽴战争(1)After British parliament passed the Intolerable Acts, tensions were again created between colonists and British government. (2)On April 19, 1775, the first shot was fired at Lexington and American War of Independence began. (3) In May 1775, the Second Continental Congress met in Philadelphia and began to assume the functions of a national government. It founded a Continental Army and Navy under the command of George Washington and declared independence on July 4, 1776. (4)In 1781, British General Cornwallis surrendered at Yorktown, Virginia and soon British government asked for peace.(5)The Treaty of Paris, signed in September 1783,recognized the independence of the United States.the Civil War内战The American Civil War, also known as the War between the States and several other names, was a civil war between the United States of America and eleven Southern salve states that declared their secession from the U.S. and formed the formed the Confederate States of America.Roosevelt’s “New Deal” 罗斯福新政I n order to deal with the Depression, President Franklin Roosevelt put forward the New Dealprogram. It passed a lot of New Deal laws and set up many efficient social security systems. The New Deal helped to save American democracy and the development of American economy.Cold War 冷战The cold war was the period of conflict, tension and competition between the United States and the Soviet Union and their respective allies from the mid--1940s until the early 1990s.The Civil Rights Movement 民权运动It refers to the reform movements in the United States aimed at abolishing racial discrimination against African American and restoring suffrage in Southern states.政治the Constitution of the U.S.美国宪法(1)It is the supreme law in the United States, and is the main expression of the American ideal.(1)It is a short document which embodies laws and principles for the form of the US government. Some of the most famous articles in this Constitution are the First, the Second, the Third and the Fifth. And the first ten amendments—the Bill of Right—are very important. (3)Some of it is vague and uncertain in meaning, and therefore involves many difficulties in interpretation.(4)It is the oldest written constitution in the world and has inspired dozens of other countries seeking political reform.The federal system联邦制it is a system of government in which power is divided by a written constitution between a centra l government and regional,or sub-divisional governments.separation of powers 三权分⽴it refers to the principle that the national government is split into three branches:legislative,execu tive and judicial.Bill of Rights 权利法案(1)In order to insure individual liberties, ten amendments—the Bill of Rights were added to the Constitution in 1791. (2)It guaranteed freedom of religion, a free press, free speech, the right of citizens to bear arms, protection against illegal house searches, the right to a fair trial by jury and protection against “cruel and unusual punishments.”The federal system联邦制it is a system of government in which power is divided by a written constitution between a centra l government and regional,or sub-divisional governments.教育Higher education in the United States(1)It refers to American education on the college level. (2)American higher education is provided by more than 3000 institutions. (3)Some are supported privately and some by local and/or state governments. Most are coeducational. Some are called colleges, others are universities. (4)After WWII, colleges and universities have expanded tremendously. This hugeexpansion reflects the trend towards democratizing higher education.Grammar School(1)In the United States, classes of students are divided into 12 academic levels called grades.(2)The first academic institution that a child attends is called grammar school. (3)In some school systems, it includes grades one through eight. In other school systems, one through six.(4)Grammar schools teach reading, arithmetic, language and some other subjects.private schoola private school is a school that is controlled by an individual or by an agency other than a state,a subdivision of a state or the federal government.。

英国大宪章

英国大宪章《大宪章》亨利二世（Henry II）死后几年，他的最小的儿子约翰（King John）继承了王位（1167——1216，1199-1216在位）。

约翰国王被认为是英格兰众王中最差劲的一位。

在成为国王之前他就恶名在外了。

约翰曾纠集一群野心家（careerist）对抗他的父亲。

当他的兄弟理查得一世（R ichard I, also known as Richard the Lionheart）在为“圣地”（Holy Land，《圣经》中的巴勒斯坦地区）而征战时，约翰则在寻求攫取王位的机会。

他贪婪地为自己聚集金钱财宝。

登上王位后，约翰国王行事更加不计后果。

在他在位六年间，他把除了在法国的一小块地之外的所有大陆领土（Continental fief）全部丧失。

许多英国人都相信那个传奇侠盗罗宾汉（Robin Hood）和约翰国王是同一时代的人。

许多关于罗宾汉的故事在民间口头传颂，尽管这些故事很多相互矛盾。

这也一定程度上说明了民众对约翰国王治下的社会环境充斥着大量严重社会问题感到不满。

约翰国王也和教皇（the Pope）发生过争吵。

1205年，坎特伯雷大教堂的僧侣（the monks of Canterbury）冒着风险没有跟约翰国王商议就选出了坎特伯雷大主教（the Archbishop of Canterbury）。

新选出的主教迫不及待地去寻求教皇的承认但约翰国王迫使僧侣举行另外一场选举以使他的财政大臣（treasurer）能成为主教。

然而教皇两方的人选都拒绝了。

教皇命令僧侣选他所宠幸的斯蒂芬·兰顿（Stephen Langton）作为坎特伯雷大主教。

愤怒的国王把遵从教皇的僧侣驱逐出了国境并没收了他们的土地收益。

为了报复约翰国王，教皇于是就对英格兰下了“禁止令”（the interdict: (in the Roman Catholic Church) a sentence debarring a person or place from ecclesiastical functions and privileges.），关闭英格兰的所有教堂并停止英格兰的所有公共服务仪式。

英国大宪章原文及其中文译文

英国大宪章原文及其中文译文The Magna Carta (The Great Charter)1215(Clauses marked (+) are still valid under the charter of 1225, but with a few minor amendments. Clauses marked (*) were omitted in all later reissues of the charter. In the charter itself the clauses are not numbered, and the text reads continuously. The translation sets out to convey the sense rather than the precise wording of the original Latin.)JOHN, by the grace of God King of England, Lord of Ireland, Duke of Normandy and Aquitaine, and Count of Anjou, to his archbishops, bishops, abbots, earls, barons, justices, foresters, sheriffs, stewards, servants, and to all his officials and loyal subjects, Greeting.KNOW THAT BEFORE GOD, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the holy Roman Church, Henry archbishop of Dublin, William bishop of London, Peter bishop of Winchester, Jocelin bishop of Bath and Glastonbury, Hugh bishop of Lincoln, Walter Bishop of Worcester, William bishop of Coventry, Benedict bishop of Rochester, Master Pandulf subdeacon and member of the papal household, Brother Aymeric master of the knighthood of the Temple in England, William Marshal earl of Pembroke, William earl of Salisbury, William earl of Warren, William earl of Arundel, Alan de Galloway constable of Scotland, Warin Fitz Gerald, Peter Fitz Herbert, Hubert de Burgh seneschal of Poitou, Hugh deNeville, Matthew Fitz Herbert, Thomas Basset, Alan Basset, Philip Daubeny, Robert de Roppeley, John Marshal, John Fitz Hugh, and other loyal subjects:+ (1) FIRST, THAT WE HAVE GRANTED TO GOD, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired. That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a rightreckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.TO ALL FREE MEN OF OUR KINGDOM we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs:(2) If any earl, baron, or other person that holds lands directly of the Crown, for military service, shall die, and at his death his heir shall be of full age and owe a `relief', the heir shall have his inheritance on payment of the ancient scale of `relief'. That is to say, the heir or heirs of an earl shall pay ￡100 for the entire earl's barony, the heir or heirs of a knight l00s. at most for the entire knight's `fee', and any man that owes less shall pay less, in accordance with the ancient usage of `fees'(3) But if the heir of such a person is under age and a ward, when he comes of age he shall have his inheritance without `relief' or fine.(4) The guardian of the land of an heir who is under age shalltake from it only reasonable revenues, customary dues, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and he commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same `fee', who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over to two worthy and prudent men of the same `fee', who shall be similarly answerable to us.(5) For so long as a guardian has guardianship of such land, he shall maintain the houses, parks, fish preserves, ponds, mills, and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him, stocked withplough teams and such implements of husbandry as the season demands and the revenues from the land can reasonably bear.(6) Heirs may be given in marriage, but not to someone of lower social standing. Before a marriage takes place, it shall be' made known to the heir's next-of-kin.(7) At her husband's death, a widow may have her marriage portion and inheritance at once and without trouble. She shall pay nothing for her dower, marriage portion, or any inheritance that she and her husband held jointly on the day of his death. She may remain in her husband's house for forty days after his death, and within this period her dower shall be assigned to her.(8) No widow shall be compelled to marry, so long as she wishes to remain without a husband. But she must give security that she will not marry without royal consent, if she holds her lands of the Crown, or without the consent of whatever other lord she may hold them of.(9) Neither we nor our officials will seize any land or rent in payment of a debt, so long as the debtor has movable goods sufficient to discharge the debt. A debtor's sureties shall not be distrained upon so long as the debtor himself can discharge his debt. If, for lack of means, the debtor is unable to discharge his debt, his sureties shall be answerable for it. If they so desire, they may have the debtor's lands and rents until they have received satisfaction for the debt that they paid for him, unless the debtor can show that he has settled his obligations to them.* (10) If anyone who has borrowed a sum of money from Jews dies before the debt has been repaid, his heir shall pay no interest on the debt for so long as he remains under age, irrespective of whom he holds his lands. If such a debt falls into the hands of the Crown, it will take nothing except the principal sum specified in the bond.* (11) If a man dies owing money to Jews, his wife may have her dower and pay nothing towards the debt from it. If he leaves children that are under age, their needs may also be provided for on a scale appropriate to the size of his holding of lands. The debt is to be paid out of the residue, reserving the service due to his feudal lords. Debts owed to persons other than Jews are to be dealt with similarly.* (12) No `scutage' or `aid' may be levied in our kingdom without its general consent, unless it is for the ransom of our person, to make our eldest son a knight, and (once) to marry oureldest daughter. For these purposes ouly a reasonable `aid' may be levied. `Aids' from the city of London are to be treated similarly.+ (13) The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs.* (14) To obtain the general consent of the realm for the assessment of an `aid' - except in the three cases specified above - or a `scutage', we will cause the archbishops, bishops, abbots, earls, and greater barons to be summoned individually by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs and other officials, to come together on a fixed day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated. When a summons has been issued, the business appointed for the day shall go forward in accordance with the resolution of those present, even if not all those who were summoned have appeared.* (15) In future we will allow no one to levy an `aid' from his free men, except to ransom his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable `aid' may be levied.(16) No man shall be forced to perform more service for a knight's `fee', or other free holding of land, than is due from it.(17) Ordinary lawsuits shall not follow the royal court around, but shall be held in a fixed place.(18) Inquests of novel disseisin, mort d'ancestor, and darrein presentment shall be taken only in their proper county court. We ourselves, or in our absence abroad our chief justice, will send two justices to each county four times a year, and these justices,with four knights of thecounty elected by the county itself, shall hold the assizes in the county court, on the day and in the place where the court meets.(19) If any assizes cannot be taken on the day of the county court, as many knights and freeholders shall afterwards remain behind, of those who have attended the court, as will suffice for the administration of justice, having regard to the volume of business to be done.(20) For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a husbandman the implements of his husbandry, if they fall upon the mercy of a royal court. None of these fines shall be imposed except by the assessment on oath of reputable men of the neighbourhood.(21) Earls and barons shall be fined only by their equals, and in proportion to the gravity of their offence.(22) A fine imposed upon the lay property of a clerk in holy orders shall be assessed upon the same principles, without reference to the value of his ecclesiastical benefice.(23) No town or person shall be forced to build bridges over rivers except those with an ancient obligation to do so.(24) No sheriff, constable, coroners, or other royal officials are to hold lawsuits that should be held by the royal justices.* (25) Every county, hundred, wapentake, and tithing shall remain at its ancient rent, without increase, except the royal demesne manors.(26) If at the death of a man who holds a lay `fee' of theCrown, a sheriff or royal official produces royal letters patent of summons for a debt due to the Crown, it shall be lawful for them to seize and list movable goods found in the lay `fee' of the dead man to the value of the debt, as assessed by worthy men. Nothing shall be removed until the whole debt is paid, when the residue shall be given over to the executors to carry out the dead man s will. If no debt is due to the Crown,all the movable goods shall be regarded as the property of the dead man, except the reasonable shares of his wife and children.* (27) If a free man dies intestate, his movable goods are to be distributed by his next-of-kin and friends, under the supervision of the Church. The rights of his debtors are to be preserved.(28) No constable or other royal official shall take corn or other movable goods from any man without immediate payment, unless the seller voluntarily offers postponement of this.(29) No constable may compel a knight to pay money for castle-guard if the knight is willing to undertake the guard in person, or with reasonable excuse to supply some other fit man to do it.A knight taken or sent on military service shall be excused from castle-guard for the period of this servlce.(30) No sheriff, royal official, or other person shall take horses or carts for transport from any free man, without his consent.(31) Neither we nor any royal official will take wood for our castle, or for any other purpose, without the consent of the owner.(32) We will not keep the lands of people convicted of felony in our hand for longer than a year and a day, after which they shall be returned to the lords of the `fees' concerned.(33) All fish-weirs shall be removed from the Thames, the Medway, and throughout the whole of England, except on the sea coast.(34) The writ called precipe shall not in future be issued to anyone in respect of any holding of land, if a free man could thereby be deprived of the right of trial in his own lord's court.(35) There shall be standard measures of wine, ale, and corn (the London quarter), throughout the kingdom. There shall also be a standard width of dyed cloth, russett, and haberject, namely two ells within the selvedges. Weights are to be standardised similarly.(36) In future nothing shall be paid or accepted for the issue of a writ of inquisition of life or limbs. It shall be given gratis, and not refused.(37) If a man holds land of the Crown by `fee-farm', `socage', or `burgage', and also holds land of someone else for knight's service, we will not have guardianship of his heir, nor of the land that belongs to the other person's `fee', by virtue of the `fee-farm', `socage', or `burgage', unless the `fee-farm' owes knight's service. We will not have the guardianship of a man's heir, or of land that he holds of someone else, by reason of any small property that he may hold of the Crown for a service of knives, arrows, or the like.(38) In future no official shall place a man on trial upon his own unsupported statement, without producing credible witnesses to the truth of it.+ (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawfuljudgement of his equals or by the law of the land.+ (40) T o no one will we sell, to no one deny or delay right or justice.(41) All merchants may enter or leave England unharmed and without fear, and may stay or travel within it, by land or water, for purposes of trade, free from all illegal exactions, in accordance with ancient and lawful customs. This, however, does not apply in time of war to merchants from a country that is at war with us. Any such merchants found in our country at the outbreak of war shall be detained without injury to their persons or property, until we or our chief justice have discovered how our own merchants are being treated in the country at war with us. If our own merchants are safe they shall be safe too.* (42) In future it shall be lawful for any man to leave and return to our kingdom unharmed and without fear, by land or water, preserving his allegiance to us, except in time of war, for some short period, for the common benefit of the realm. People that have been imprisoned or outlawedin accordance with the law of the land, people from a country that is at war with us, and merchants - who shall be dealt with as stated above - are excepted from this provision.(43) If a man holds lands of any `escheat' such as the `honour' of Wallingford, Nottingham, Boulogne, Lancaster, or of other `escheats' in our hand that are baronies, at his death his heir shall give us only the `relief' and service that he would have made to the baron, had the barony been in the baron's hand. We will hold the `escheat' in the same manner as the baron held it.(44) People who live outside the forest need not in future appear before the royal justices of the forest in answer to general summonses, unless they are actually involved in proceedings orare sureties for someone who has been seized for a forest offence.* (45) We will appoint as justices, constables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well.(46) All barons who have founded abbeys, and have charters of English kings or ancient tenure as evidence of this, may have guardianship of them when there is no abbot, as is their due.(47) All forests that have been created in our reign shall at once be disafforested.River-banks that have been enclosed in our reign shall be treated similarly.* (48) All evil customs relating to forests and warrens, foresters, warreners, sheriffs and their servants, or river-banks and their wardens, are at once to be investigated in every county by twelve sworn knights of the county, and within forty days of their enquiry the evil customs are to be abolished completely and irrevocably. But we, or our chief justice if we are not in England, are first to be informed.* (49) We will at once return all hostages and charters delivered up to us by Englishmen as security for peace or for loyal service.* (50) We will remove completely from their offices the kinsmen of Gerard de Athée, and in future they shall hold no offices in England. The people in question are Engelard de Cigogné',Peter, Guy, and Andrew de Chanceaux, Guy de Cigogné, Geoffrey de Martigny and his brothers, Philip Marc and his brothers, with Geoffrey his nephew, and all their followers.* (51) As soon as peace is restored, we will remove from the kingdom all the foreign knights, bowmen, their attendants, andthe mercenaries that have come to it, to its harm, with horses and arms.* (52) To any man whom we have deprived or dispossessed of lands, castles, liberties, or rights, without the lawful judgement of his equals, we will at once restore these. In cases of dispute the matter shall be resolved by the judgement of the twenty-five barons referred to below in the clause for securing the peace (§ 61). In cases, however, where a man was deprived or dispossessed of something without the lawful judgement of his equals by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. On our return from the Crusade, or if we abandon it, we will at once render justice in full.* (53) We shall have similar respite in rendering justice in connexion with forests that are to be disafforested, or to remain forests, when these were first a-orested by our father Henry or our brother Richard; with the guardianship of lands in another person's `fee', when we have hitherto had this by virtue of a `fee' held of us for knight's service by a third party; and with abbeys founded in another person's `fee', in which the lord of the `fee' claims to own a right. On our return from the Crusade, or if we abandon it, we will at once do full justice to complaints about these matters.(54) No one shall be arrested or imprisoned on the appeal ofa woman for the death of any person except her husband.* (55) All fines that have been given to us unjustiy and against the law of the land, and all fines that we have exacted unjustly,shall be entirely remitted or the matter decided by a majority judgement of the twenty-five barons referred to below in the clause for securing the peace (§ 61) together with Stephen, archbishop of Canterbury, if he can be present, and such others as hewishes to bring with him. If the archbishop cannot be present, proceedings shall continue without him, provided that if any of the twenty-five barons has been involved in a similar suit himself, his judgement shall be set aside, and someone else chosen and sworn in his place, as a substitute for the single occasion, by the rest of the twenty-five.(56) If we have deprived or dispossessed any Welshmen of lands, liberties, or anything else in England or in Wales, without the lawful judgement of their equals, these are at once to be returned to them. A dispute on this point shall be determined in the Marches by the judgement of equals. English law shall apply to holdings of land in England, Welsh law to those in Wales, and the law of the Marches to those in the Marches. The Welsh shall treat us and ours in the same way.* (57) In cases where a Welshman was deprived or dispossessed of anything, without the lawful judgement of his equals, by our father King Henry or our brother King Richard, and it remains in our hands or is held by others under our warranty, we shall have respite for the period commonly allowed to Crusaders, unless a lawsuit had been begun, or an enquiry had been made at our order, before we took the Cross as a Crusader. But on our return from the Crusade, or if we abandon it, we will at once do full justice according to the laws of Wales and the said regions.* (58) We will at once return the son of Llywelyn, all Welshhostages, and the charters delivered to us as security for the peace.* (59) With regard to the return of the sisters and hostages of Alexander, king of Scotland, his liberties and his rights, we will treat him in the same way as our other barons of England, unless it appears from the charters that we hold from his father William, formerly king of Scotland, that he should be treated otherwise. This matter shall be resolved by the judgement of his equals in our court.(60) All these customs and liberties that we have granted shall be observed in our kingdomin so far as concerns our own relations with our subjects. Let all men of our kingdom, whether clergy or laymen, observe them similarly in their relations with their own men.* (61) SINCE WE HAVE GRANTED ALL THESE THINGS for God, for the better ordering of our kingdom, and to allay the discord that has arisen between us and our barons, and since we desire that they shall be enjoyed in their entirety, with lasting strength, for ever, we give and grant to the barons the following security: The barons shall elect twenty-five of their number to keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us - or in our absence from the kingdom to the chief justice - to declare it and claim immediate redress. If we, or in our absence abroad the chiefjustice, make no redress within forty days, reckoning from the day on which the offence was declared to usor to him, the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions, or anything else saving only our own person and those of the queen and our children, until they have secured such redress as they have determined upon. Having secured the redress, they may then resume their normal obedience to us.Any man who so desires may take an oath to obey the commands of the twenty-five barons for the achievement of these ends, and to join with them in assailing us to the utmost of his power. We give public and free permission to take this oath to any man who so desires, and at no time will we prohibit any man from taking it. Indeed, we will compel any of our subjects who are unwilling to take it to swear it at our command.If-one of the twenty-five barons dies or leaves the country, or is prevented in any other way from discharging his duties, the rest of them shall choose another baron in his place, at their discretion, who shall be duly sworn in as they were.In the event of disagreement among the twenty-five barons on any matter referred to them for decision, the verdict of the majority present shall have the same validity as a unanimous verdict of the whole twenty-five, whether these were all present or some of those summoned were unwilling or unable to appear.The twenty-five barons shall swear to obey all the above articles faithfully, and shall cause them to be obeyed by others to the best of their power.We will not seek to procure from anyone, either by our own efforts or those of a third party, anything by which any part ofthese concessions or liberties might be revoked or diminished. Should such a thing be procured, it shall be null and void and we will at no time make use of it, either ourselves or through a third party.* (62) We have remitted and pardoned fully to all men any ill-will, hurt, or grudges that have arisen between us and our subjects, whether clergy or laymen, since the beginning of the dispute. We have in addition remitted fully, and for our own part have also pardoned, to all clergy and laymen any offences committed as a result of the said dispute between Easter in the sixteenth year of our reign (i.e. 1215) and the restoration of peace.In addition we have caused letters patent to be made for the barons, bearing witness to this security and to the concessions set out above, over the seals of Stephen archbishop of Canterbury, Henry archbishop of Dublin, the other bishops named above, and Master Pandulf.* (63) IT IS ACCORDINGLY OUR WISH AND COMMAND that the English Church shall be free, and that men in our kingdom shall have and keep all these liberties, rights, and concessions, well and peaceably in their fulness and entirety for them and their heirs, of us and our heirs, in all things and all places for ever.Both we and the barons have sworn that all this shall be observed in good faith and without deceit. Witness the abovementioned people and many others.Given by our hand in the meadow that is called Runnymede, between Windsor and Staines, on the fifteenth day of June in the seventeenth year of our reign (i.e. 1215: the new regnal year began on 28 May).英国大宪章1215年受命于天的英格兰国王兼领爱尔兰宗主，诺曼第与阿奎丹公爵、安茹伯爵约翰，谨向大主教，主教，住持，伯爵，男爵，法官，森林宫，执行吏，典狱官，差人，及其管家吏与忠颇的人民致候。

自由大宪章

PEACE PAPERSISSN 1606-4976辅仁大学若望保禄二世和帄研究中心和平丛书26英国大宪章今译雷敦和译若望保禄二世和帄研究中心2002 年联络地址〆台湾24205 新庄市辅仁大学罗耀拉大楼电话〆886 2-2903-1111ext 3111传真〆886 2-2904-3586E-mail〆peace@.tw网站.tw/homepage2/d4.htm英国大宪章今译1翻译背景中英关系在第十八世纪不很成功，明末清初的传教使中没有英国人，因此中国对英国的认识不深。

鸦片战争后，开始注意英国海军的力量，因此1874 年派人到英国去学海军，其中一位是严复（1853-1921）。

除了研究海军，严复有时间政治。

虽然严复没有研究英国大宪章，但是他非常羡慕英国的国会，自由与法制。

回国后，他继续研究这些题目，写文章，使得中国知识分子对英国有好感。

严复的弟子梁启超受到他影响，在其「新民说（1902 年）」赞美英国的制度，认为由于英国政府纳税，因此人民必顸为自己的权利奋斗。

这一点是来自英国大宪章的影响﹕吾国今日所最要者，在使一国中大多数人知立宪，希望立宪，且相率以要求立宪。

若果能尔尔乎，则彼英人在昔常有「权利请愿」之举，有「不出付议士不纳租税」之格言，真可谓惟一正当之手段，惟一正当之武器也。

1梁启超建议中国建立类似的制度，要不然老百姓一致不关心政府的事情又不注意自己的权利。

严复（1906 年）倾向于法国法理学者孟德斯鸠的《法意》，不过他很佩服英国的宪法制度﹕英国今日之行法权，乃以首相为付表，而各部院地方辅之，1 梁启超，申论种族革命与政治革命之得失，原载《新民丛报》第76 期。

引自﹕张岱年、敏译（主编），回读百年﹕20 世纪中国社会人文论争第一卷，郑州﹕大象出版社，1999 年，287-308 页，在300 页。

若望保禄二世和帄研究中心2通为一曹，由于一党。

英国国王以及国会上院有权利准驳下院通过的法案，但是严复注意到，他们不用此权，因此﹕立法权自英制言实总于下议院，其国民权之重，可想见矣。

英国大宪章历史渊源

大宪章1215年的大宪章以法律限制了英国王室的绝对权力。

大宪章（拉丁文：Magna Carta，英文：The Great Charter）是英国于1215年订立的宪法，用来限制英国国王（主要是针对当时的约翰）的绝对权力。

订立大宪章的主因是教皇、英王约翰及封建贵族对王室权力出现意见分歧。

大宪章要求王室放弃部分权力，尊重司法过程，接受王权受法律的限制。

大宪章是英国在建立宪法政治这长远历史过程的开始。

然而例如1509年上任的英国国王亨利八世随意杀害贵族和后妃，之后的玛丽一世杀害许多新教徒，接下来的伊丽莎白一世又处死贵族表亲，当时各地法官也由国王和贵族指派，可见大宪章并未被确实遵守。

目录[隐藏]1历史2 1215年的大宪章3影响4参考资料[编辑]历史诺曼人于1066年开始入侵英格兰，在诺曼人成为英国的国王后，于十一及十二世纪逐渐强大。

他们建立的集权政府，加上本地盎格鲁-撒克逊人原来的统治方法，还有盎格鲁人和诺曼人在诺曼底所拥有的土地，使英国国王在1199年成为欧洲最有权力国王。

当英王约翰在十三世纪初即位之后，一连串的事件却令英格兰的封建贵族起来反抗他，并要求限制绝对的王权。

当时英王约翰受到的压力来自三方面：首先是他夺得王位的手法遭人非议，前任英王狮心王理查在1199年死后无子，出现两名继承人，即理查的侄子亚瑟，和理查的弟弟约翰。

约翰将他的对手，亦即他的侄子不列塔尼的亚瑟囚禁，之后亚瑟便失去音讯。

很多人认为约翰是将他的亲人暗杀以取得王位。

第二，约翰与教皇就坎特伯雷大主教的任命产生争执，于是教庭向英格兰施以绝罚，约翰被迫于1213年向教皇屈服。

第三，当时法国国王占领了英国在诺曼底大部份的土地，英国的贵族要求国王夺回领土，约翰即在1214年发动对法国作战，却遭逢大败。

1215年6月10日，英格兰的封建贵族在伦敦聚集，挟持英格兰国王约翰。

约翰被迫赞成贵族提出的“男爵法案”（Articles of the Barons）。

大宪章3.4页

13. The city of London shall enjoy all its ancient liberties自由and free customs, both by land and by water. We also will and grant承认that all other cities, boroughs行政区, towns, and ports港口shall enjoy all their liberties and free customs.14. To obtain the general consent 准许of the realm领域；王国for the assessment 为征税对财产所做的估价of an `aid' - except in the three cases specified above - or a `scutage', we will cause the archbishops 大主教, bishops主教, abbots男修道院院长, earls伯爵, and greater barons男爵to be summoned 传唤individually分别地by letter. To those who hold lands directly of us we will cause a general summons to be issued, through the sheriffs司法长官and other officials, to come together on a fixed固定的day (of which at least forty days notice shall be given) and at a fixed place. In all letters of summons, the cause of the summons will be stated陈述. When a summons has been issued传出, the business appointed for the day shall go forward in accordance with the resolution正式决定of those present, even if not all those who were summoned have appeared.15. In future we will allow no one to levy征税an `aid' from his free men, except to ransom赎金his person, to make his eldest son a knight, and (once) to marry his eldest daughter. For these purposes only a reasonable `aid' may be levied.16. No man shall be forced to perform more service for a knight's `fee'费, or other free holding of land, than is due from it.17. Ordinary lawsuits诉讼shall not follow the royal国王、女王的；极大的court院子around, but shall be held in a fixed固定的place.18. Inquests of novel disseisin, mort d'ancestor, and darrein presentment（不懂= =）shall be taken only in their proper适合的county court. We ourselves, or in our absence abroad our chief级别最高的justice 法官, will send two justices to each county four times a year, and these justices, with four knights of the county elected by the county itself, shall hold the assizes巡回法庭in the county court, on the day and in the place where the court meets.19. If any assizes cannot be taken on the day of the county court, as many knights and freeholders拥有自由财产的人（猜的）shall afterwards然后remain behind, of those who have attended the court, as will suffice足够for the administration执行of justice, having regard关心to the volume书卷；体积of business to be done.20. For a trivial琐碎的offence违法行为, a free man shall be fined处以。

大宪章：英国自由的奠基石

⼤宪章:英国⾃由的奠基⽯2019-08-04在⼤宪章颁布后的两个世纪内，⼤宪章对于英国议会的产⽣和议会制度的形成、⼈权保障及法治的早期发展，仍然功不可没。

⼤宪章(拉丁语：Magna Carta，英语：The Great Charter)是英国于1215年订⽴的拉丁⽂政治性质法律⽂件。

拉丁⽂象征着神圣性和权威性，是当时英国贵族⽤来对抗英王(主要是针对当时的约翰)权⼒的封建权利保障协议。

订⽴⼤宪章的主因是教皇、英王约翰(John)及封建贵族对王室权⼒出现意见分歧。

⼤宪章要求王室放弃部分权⼒，尊重司法过程，接受王权受法律的限制。

⼤宪章是之后英国建⽴宪法政治长远历史过程的开端。

然⽽例如1509年上任的英国国王亨利⼋世(Henry VIII)随意杀害贵族和后妃，之后的玛丽⼀世(Mary I)杀害许多新教徒，接下来的伊丽莎⽩⼀世(Elizabeth I)⼜处死贵族表亲，⽽且各地法官也⼀直由国王和贵族指派，⼤宪章被遵守和执⾏得并不彻底，这⼀点也是需要看清楚的。

英王约翰的政治危机念过英语民族史的⼈都知道，1066年，来⾃法国北部斯堪的那维亚(Skandinavien，包括今丹麦、瑞典、挪威)的诺曼⼈(Normans)⼊侵英格兰(Eng-land)，即历史上赫赫有名的“诺曼征服”(Norman conquest)。

诺曼⼈很快底定英伦半岛，建⽴政权。

在诺曼⼈成为英国的国王后，于11及12世纪逐渐强⼤。

他们建⽴的集权政府，加上原⼟著盎格鲁⼀撒克逊⼈(Anglo-Saxon)的统治，还有盎格鲁⼈(Angles)和诺曼⼈在诺曼底(Normandie)所拥有的⼟地，形成联邦制(British Common-wealth of Nations)，使英国国王在1199年成为欧洲历史上最有权⼒的国王。

当⽇王室通⽤语为法语，⽼百姓则说英格兰语(Englisc)，就像⽇本，不同阶级、阶层，有不同的语⾔。

但是百余年后，新来的贵族与⼀般阶层混合。