The Petition of Right, 1627

The Petition exhibited to his Majesty by the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, concerning divers Rights and Liberties of the Subjects, with the King's Majesty's royal answer thereunto in full Parliament.

To the King's Most Excellent Majesty,

Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembles, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward I, commonly called Stratutum de Tellagio non Concedendo, that no tallage or aid shall be laid or levied by the king or his heirs in this realm, without the good will and assent of the archbishops, bishops, earls, barons, knights, burgesses, and other the freemen of the commonalty of this realm; and by authority of parliament holden in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that from thenceforth no person should be compelled to make any loans to the king against his will, because such loans were against reason and the franchise of the land; and by other laws of this realm it is provided, that none should be charged by any charge or imposition called a benevolence, nor by such like charge; by which statutes before mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge not set by common consent, in parliament.

II

Yet nevertheless of late divers commissions directed to sundry commissioners in several counties, with instructions, have issued; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them, upon their refusal so to do, have had an oath administered unto them not warrantable by the laws or statutes of this realm, and have been constrained to become bound and make appearance and give utterance before your Privy Council and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; and divers other charges have been laid and levied upon your people in several counties by lord lieutenants, deputy lieutenants, commissioners for musters, justices of peace and others, by command or direction from your Majesty, or your Privy Council, against the laws and free custom of the realm.

III

And whereas also by the statute called “The Great Charter of the Liberties of England”, it is declared and enacted, that no freeman may be taken or imprisoned or be disseized of his freehold or liberties, or his free customs, or be outlawed or exiled, or in any manner destroyed, but by the lawful judgment of his peers, or by the law of the land.

IV

And in the eight-and-twentieth year of the reign of King Edward III, it was declared and enacted by authority of parliament, that no man, of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disinherited nor put to death without being brought to answer by due process of law.

V

Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm to that end provided, divers of your subjects have of late been imprisoned without any cause showed; and when for their deliverance they were brought before your justices by your Majesty's writs of habeas corpus, there to undergo and receive as the court should order, and their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the lords of your Privy Council, and yet were returned back to several prisons, without being charged with anything to which they might make answer according to the law.

VI

And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been compelled to receive them into their houses, and there to suffer them to sojourn against the laws and customs of this realm, and to the great grievance and vexation of the people.

VII

And whereas also by authority of parliament, in the five-and-twentieth year of the reign of King Edward III, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter and the law of the land; and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament: and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm; nevertheless of late time divers commissions under your Majesty's great seal have issued forth, by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land, according to the justice of martial law, against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanor whatsoever, and by such summary course and order as is agreeable to martial law, and is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.

VIII

By pretext whereof some of your Majesty's subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been judged and executed.

IX

And also sundry grievous offenders, by color thereof claiming an exemption, have escaped the punishments due to them by the laws and statutes of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes, upon pretense that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid; which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm.

X

They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by act of parliament; and that none be called to make answer, or take such oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same or for refusal thereof;and that no freeman, in any such manner as is before mentioned, be imprisoned or detained; and that your Majesty would be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come; and that the aforesaid commissions, for proceeding by martial law, may be revoked and annulled; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by color of them any of your Majesty's subjects be destroyed or put to death contrary to the laws and franchise of the land.

XI

All which they most humbly pray of your most excellent Majesty as their rights and liberties, according to the laws and statutes of this realm; and that your Majesty would also vouchsafe to declare, that the awards, doings, and proceedings, to the prejudice of your people in any of the premises, shall not be drawn hereafter into consequence or example; and that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you according to the laws and statutes of this realm, as they tender the honor of your Majesty, and the prosperity of this kingdom.

一 文獻出處

Statutes of the Realm,Volume 5:1628-1680, London,1819,pp.23-24.

二 文獻導讀

1627年英國《權利請愿書》是查理一世在位時通過的一項憲法文件，規定了君主不能侵犯的臣民的一系列自由。《權利請愿書》的核心精神是國王非經議會同意不得征稅和法律至上的原則。

英國自古建立的就是一種有限王權。君主的權力要受到教會和貴族的制約。國王只不過是貴族中的第一人，因此形成了“王在法下”和“王在議會”的傳統。1603年，都鐸王朝伊麗莎白女王去世且無子嗣，王位由統治蘇格蘭的詹姆士繼承，史稱詹姆士一世，英國進入了斯圖亞特王朝統治時期。

詹姆士一世及其子查理一世一改伊麗莎白女王時期諸多政策，極力宣揚“君權神授”，主張君主的絕對權力，認為君主只對上帝負責，不受外界的干預和臣民的約束，不接受法律的約束，甚至可以干預法律的效力。這種要求加強封建君主專制的思想，不僅違背了英國的歷史，也與當時英國資本主義不斷發展、資產階級要求自由的主張背道而馳。這些要求與英國自古就形成的有限王權的思想相抵觸。君權神授思想引發了新興資產階級的不滿。

同時，由于詹姆士一世父子的奢侈和不善理財，以及對外戰爭需要龐大的軍費開支，王室債臺高筑，于是乎國王開始濫封貴族，增加稅收。這兩項舉措雖滿足一時的需求，實際上卻是飲鴆止渴。隨著貴族數量的急劇增加，各級貴族身份降低，引發貴族對國王的不滿。而增加稅收也激發了渴望降低稅率發展資本主義的新興資產階級的不滿，同時國王增加稅收卻不通過議會，極大地惡化了國王與議會的關系。英國議會自產生起就是作為制約王權的力量而存在的，議會擁有批準稅收的權力，只有經過議會同意，國王方能增加稅收。然而，詹姆士一世不經議會同意肆意征稅，開罪議會，國王和議會的矛盾開始不斷升級和惡化，至查理一世時期達到頂峰。國王授予他的寵臣專賣權、特許狀的做法，更是破壞經濟，引起人們反感。

1625年，詹姆士一世去世，其子查理一世即位。查理一世上臺以后，濫用監禁和征稅的權力，強制推行借債政策，導致國內關系緊張。為了滿足王室無止境的揮霍，查理一世即位后不久，便下令向富人借貸，并逮捕拒絕借貸的人。議會也不甘示弱，為了抵制借貸，于1627年通過了《權利請愿書》。同時，議會開出了35萬英鎊的價碼，換取國王批準《權利請愿書》。債臺高筑、急需用錢的查理一世為獲取35萬英鎊，迫于壓力，勉強接受了議員們提出的《權利請愿書》。請愿書主要是下院議員起草的，起草人包括愛德華·庫克爵士、約翰·皮姆爵士、約翰·塞爾登爵士、約翰·埃利奧特爵士。

《權利請愿書》總共有六條：

第一條列舉了國王濫用權力的行為；重申了過去限制國王征稅權力的法律；強調非經議會同意，國王不得強行征稅和借債。

第二條規定，“凡自由人除經其同儕之合法裁判，或依國法外，皆不得加以拘捕、監禁，或剝奪其管業權、各項自由及自由習慣，或置諸法外，或加以放逐，亦不得以任何方式加以毀傷。任何人除經依法律正當程序之審判，不論其身份與環境狀況如何，均不得將其驅逐出國，或強使離開所居住之采邑，亦不得予以逮捕、拘禁，或取消其繼承權，或剝奪其生存之權利”。重申了《大憲章》中有關保護公民自由和權利的內容，規定非經同級貴族的依法審判，任何人不得被逮捕、監禁、流放和剝奪財產及受到其他損害，這是對英國臣民人身自由和權利的一種保障，防止人權遭到侵犯。

第三條規定海陸軍隊不得駐扎在居民住宅，不得根據戒嚴令任意逮捕自由人。

第四條規定不許隨便對任何人判處死刑。

第五條規定非經議會法案同意，不能強迫任何人繳付任何貢金、貸款、獻金、租稅或此類負擔。

第六條規定不利于臣民的裁決、行為和措施不能作為先例。

《權利請愿書》是議會爭取自由和權利而與國王進行斗爭所取得的勝利成果，是英國歷史上最早的人權法案之一。但在事實上，國王查理一世之所以當時接受它，僅僅只是以此換來議會批準的補助金，并不準備真正實行這一文件。因此，當議會批準了補助金后，而在關于征收噸稅和磅稅等方面仍堅持國王享有征稅權的期限為一年并提出抗議時，查理一世一怒之下，下令解散了議會，英國也進入了無議會統治的時期，《權利請愿書》也被國王拋棄。

《權利請愿書》是英國重要的限制王權的法典之一，是英國自由保障的四大憲章之一。它明確了議會在英國政府中的作用，從而在許多條款中閑置王室特權，是議會爭取自由和權利而與國王進行斗爭取得的勝利果實。《權利請愿書》為英國最終確立起君主立憲制的資產階級政體做出了重要貢獻。

《權利請愿書》是一份用來保衛人民基本權利和自由的偉大的憲法性文件，它限制了國王的權力，確認了臣民的權利。它宣告任意監禁的違法性，強調人身保護法令的作用，符合英國資產階級革命的憲政要求。它申明在沒有確實理由表明某人依據法律對某事件負責的情況下，任何自由人都不應被監禁或拘留，它涉及、確認并保護了個人的人身自由權，促進了英國資產階級民主制度的發展和完善。

當斯圖亞特王朝君權神授理論挑戰有限王權時，實際上又為限制王權提供了契機。《權利請愿書》的起草者們認為他們只是在重申《大憲章》中有關保護公民自由和權利的內容，而實際上他們增加、擴大了公民的權利。《權利請愿書》是限制王權和擴大資產階級政治權利的憲法性法律。正是由于斯圖亞特王朝的君主蔑視臣民的權利，并對有限王權原則發起挑戰，才直接導致了英國17世紀的內戰。內戰結束后，議會對《權利請愿書》重新解釋，賦予其新的內涵，并把它認定為英國憲法的淵源之一。它與《人身保護法》和《王位繼承法》等這些憲法性法律，連同政治慣例、司法判例一起構成了最早的資產階級不成文憲法。

三 延伸閱讀

Cust, Richard, “CharlesI, the Privy Council and the Parliament of 1628”，Transactions of the Royal Historical Society,Sixth Series,Vol.2,1992,pp.25-50.

Foster,Elizabeth Read,“Petitions and the Petition of Right”,The Journal of British Studies,Vol.14,No.1,1974,pp.21-45.

Guy, J.A.,“The Origins of the Petition of Right Reconsidered”, The Historical Journal,Vol.25,No.2,1982,pp.289-312.

Hulme, Harold, “Opinion in the House of Commons on the Proposal for a Petition of Right,6 May,1628”,The English Historical Review,Vol.50,No. 198, 1935, pp. 302-306.

Reeve,L.J.,“The Legal Status of the Petition of Right”,The Historical Journal,Vol.29,No.2,1986,pp.257-277.

Smuts,R.M.,“Parliament,the Petition of Right and Politics”, The Journal of Modern History,Vol.50,No.4,1978,pp.712-719.

Young, Michael B., “The Origins of the Petition of Right Reconsidered Further”, The Historical Journal,Vol.27,No.2,1984,pp.449-452.