从此走进深度人生 Deepoo net, deep life.

历史文典

汉谟拉比法典

约公元前1776年,由古巴比伦国王汉谟拉比(约公元前1792一公元前1750年在位)颁布。共3500行,包括序言、条文(282条)和结语三部分,序言和结语约占全部篇幅的五分之一,条文涉及刑事、民事、贸易、婚姻、继承、审判等方面。

HAMMURABI’S CODE OF LAWS(circa 1780 B.C.)

序言

When Anu the Sublime, King of the Anunaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, God of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak; so that I should rule over the black-headed people like Shamash, and enlighten the land, to further the well-being of mankind.

Hammurabi, the prince, called of Bel am I, making riches and increase, enriching Nippur and Dur-ilu beyond compare, sublime patron of E-kur; who reestablished Eridu and purified the worship of E-apsu; who conquered the four quarters of the world, made great the name of Babylon, rejoiced the heart of Marduk, his lord who daily pays his devotions in Saggil; the royal scion whom Sin made; who enriched Ur; the humble, the reverent, who brings wealth to Gish-shir-gal; the white king, heard of Shamash, the mighty, who again laid the foundations of Sippara; who clothed the gravestones of Malkat with green; who made E-babbar great, which is like the heavens, the warrior who guarded Larsa and renewed E-babbar, with Shamash as his helper; the lord who granted new life to Uruk, who brought plenteous water to its inhabitants, raised the head of E-anna, and perfected the beauty of Anu and Nana; shield of the land, who reunited the scattered inhabitants of Isin; who richly endowed E-gal-mach; the protecting king of the city, brother of the god Zamama; who firmly founded the farms of Kish, crowned E-me-te-ursag with glory, redoubled the great holy treasures of Nana, managed the temple of Harsag-kalama; the grave of the enemy, whose help brought about the victory; who increased the power of Cuthah; made all glorious in E-shidlam, the black steer, who gored the enemy; beloved of the god Nebo, who rejoiced the inhabitants of Borsippa, the Sublime; who is indefatigable for E-zida; the divine king of the city; the White, Wise; who broadened the fields of Dilbat, who heaped up the harvests for Urash; the Mighty, the lord to whom come scepter and crown, with which he clothes himself; the Elect of Ma-ma; who fixed the temple bounds of Kesh, who made rich the holy feasts of Nin-tu; the provident, solicitous, who provided food and drink for Lagash and Girsu, who provided large sacrificial offerings for the temple of Ningirsu; who captured the enemy, the Elect of the oracle who fulfilled the prediction of Hallab, who rejoiced the heart of Anunit; the pure prince, whose prayer is accepted by Adad; who satisfied the heart of Adad, the warrior, in Karkar, who restored the vessels for worship in E-ud-gal-gal; the king who granted life to the city of Adab; the guide of E-mach; the princely king of the city, the irresistible warrior, who granted life to the inhabitants of Mashkanshabri, and brought abundance to the temple of Shidlam; the White, Potent, who penetrated the secret cave of the bandits, saved the inhabitants of Malka from misfortune, and fixed their home fast in wealth; who established pure sacrificial gifts for Ea and Dam-gal-nun-na, who made his kingdom everlastingly great; the princely king of the city, who subjected the districts on the Ud-kib-nun-na Canal to the sway of Dagon, his Creator; who spared the inhabitants of Mera and Tutul; the sublime prince, who makes the face of Ninni shine; who presents holy meals to the divinity of Nin-a-zu, who cared for its inhabitants in their need, provided a portion for them in Babylon in peace; the shepherd of the oppressed and of the slaves; whose deeds find favor before Anunit, who provided for Anunit in the temple of Dumash in the suburb of Agade; who recognizes the right, who rules by law; who gave back to the city of Ashur its protecting god; who let the name of Ishtar of Nineveh remain in E-mish-mish; the Sublime, who humbles himself before the great gods; successor of Sumula-il; the mighty son of Sin-muballit; the royal scion of Eternity; the mighty monarch, the sun of Babylon, whose rays shed light over the land of Sumer and Akkad; the king, obeyed by the four quarters of the world; Beloved of Ninni, am I.

When Marduk sent me to rule over men, to give the protection of right to the land, I did right and righteousness in . . . , and brought about the well-being of the oppressed.

安努与恩利尔为人类福祉计,命令我,荣耀而畏神的君主,汉谟拉比,发扬正义于世,灭除不法邪恶之人,使强者不凌弱,使我有如沙玛什,照临黔首,光耀大地。

CODE OF LAWS(条文)

关于诉讼审判的规定

1.If anyone ensnare another, putting a ban upon him, but he cannot prove it, then he that ensnared him shall be put to death.
1.若有人诱捕另一个人,将禁令加在他身上,他却不能证明,那诱捕他的将被处死。
2. If anyone bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.
2.如果有人控告一个人,被告到河边跳进河里,如果他在河里下沉,他的控告者将占有他的房子。但是如果 河流证明被告是无罪的,他毫发无伤,那么带来指控的人将被处死,而跳进河里的人将占有属于原告的房子。
3. If anyone bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death.
3.如果有人在长老面前提出任何罪名,但不证明他所指控的罪名,他将被处以死刑。
4. If he satisfy the elders to impose a fine of grain or money, he shall receive the fine that the action produces.
4.若其说服年长者罚之以谷物或金钱,其将获得此因诉讼而生之罚金。
5. If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge’s bench, and never again shall he sit there to render judgement.
5.如果法官试例,作出决定,并提出书面判决书;如果以后误差应出现在他的决定,它是通过他自己的过错,他将付出他所判决的十二倍的罚款,他应被公开去除法官席位,禁止他作出判决。

关于保护私有财产的规定

6. If anyone steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen goods from him shall be put to death.
6.任何窃取寺庙或者皇宫的财产的人将被处以死刑,而从他那里收受赃物的人也一并处以死刑。
7. If anyone buy from the son or the slave of another man, without witnesses or a contract, silver or gold, a male or female slave, an ox or a sheep, an ass or anything, or if he take it in charge, he is considered a thief and shall be put to death.
7.任何在没有证人或者合同文书的情况下,向他人的子女或奴隶购买白银、黄金、男女奴隶、斧头或者是羊、驴以及其他任何东西的人,或者为此负责的人,都将被视为盗贼且判处死刑。
8. If anyone steal cattle or sheep, or an ass, or a pig, or a goat, if it belong to a god or to the court, the thief shall pay thirty-fold therefore; if they belonged to a freed man of the king, he shall pay ten-fold; if the thief has nothing with which to pay, he shall be put to death.
8.如果被盗窃的牛、羊、驴或者是猪属于寺庙或者皇室,盗窃者将偿付三十倍的赔偿;如果它们属于国王的公民,盗窃者将作出十倍赔偿;如果窃贼无力赔偿,将以死抵罪。
9. If any one lose an article, and find it in the possession of another: if the person in whose possession the thing is found say “A merchant sold it to me, I paid for it before witnesses,” and if the owner of the thing say, “I will bring witnesses who know my property,” then shall the purchaser bring the merchant who sold it to him, and the witnesses before whom he bought it, and the owner shall bring witnesses who can identify his property. The judge shall examine their testimony–both of the witnesses before whom the price was paid, and of the witnesses who identify the lost article on oath. The merchant is then proved to be a thief and shall be put to death. The owner of the lost article receives his property, and he who bought it receives the money he paid from the estate of the merchant.
10. If the purchaser does not bring the merchant and the witnesses before whom he bought the article, but its owner bring witnesses who identify it, then the buyer is the thief and shall be put to death, and the owner receives the lost article.
11. If the owner do not bring witnesses to identify the lost article, he is an evil-doer, he has traduced, and shall be put to death.
12. If the witnesses be not at hand, then shall the judge set a limit, at the expiration of six months. If his witnesses have not appeared within the six months, he is an evil-doer, and shall bear the fine of the pending case.
[there is no 13th law in the code, 13 being considered and unlucky and evil number]
14. If anyone steal the minor son of another, he shall be put to death.
14.拐带他人幼子之人,将被判处死刑。
15. If anyone take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death.
15.任何将皇宫以及公民的男女奴隶带出城邑的人将被判处死刑。
16. If any one receive into his house a runaway male or female slave of the court, or of a freedman, and does not bring it out at the public proclamation of the major domus, the master of the house shall be put to death.
17. If any one find runaway male or female slaves in the open country and bring them to their masters, the master of the slaves shall pay him two shekels of silver.
18. If the slave will not give the name of the master, the finder shall bring him to the palace; a further investigation must follow, and the slave shall be returned to his master.
18.如果这个奴隶拒不说出主人的名字,发现者必须把他带到宫殿, 并做进一步的调查,而且这个奴隶将被遣返给他的主人。
19. If he hold the slaves in his house, and they are caught there, he shall be put to death.
19.窝藏他人奴隶并且被抓获者将被处以死刑。
20. If the slave that he caught run away from him, then shall he swear to the owners of the slave, and he is free of all blame.
20.若被抓获的奴隶逃跑,而抓获者向奴隶所有者起誓承诺(不是有意放走),则将免于处罚。
21. If anyone break a hole into a house (break-in to steal), he shall be put to death before that hole and be buried.
21.如果打破房子的墙壁,强行进入住宅偷窃,偷窃者必须在那个洞前处以死刑和埋葬。
22. If anyone is committing a robbery and is caught, then he shall be put to death.
22.正在实施抢劫的抢劫犯一旦被抓获将被处以死刑。
23. If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, and . . . on whose ground and territory and in whose domain it was compensate him for the goods stolen.
24. If persons are stolen, then shall the community and . . . pay one mina of silver to their relatives.
25. If fire break out in a house, and some one who comes to put it out cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire.
26. If a chieftain or a man (common soldier), who has been ordered to go upon the king’s highway for war does not go, but hires a mercenary, if he withholds the compensation, then shall this officer or man be put to death, and he who represented him shall take possession of his house.
27. If a chieftain or man be caught in the misfortune of the king (captured in battle), and if his fields and garden be given to another and he take possession, if he return and reaches his place, his field and garden shall be returned to him, he shall take it over again.
28. If a chieftain or a man be caught in the misfortune of a king, if his son is able to enter into possession, then the field and garden shall be given to him, he shall take over the fee of his father.
29. If his son is still young, and cannot take possession, a third of the field and garden shall be given to his mother, and she shall bring him up.
29.若因其子年幼无承担能力,其母将获得三分之一的田地以及庭院,并且抚养幼子成人。
30. If a chieftain or a man leave his house, garden, and field and hires it out, and some one else takes possession of his house, garden, and field and uses it for three years: if the first owner return and claims his house, garden, and field, it shall not be given to him, but he who has taken possession of it and used it shall continue to use it.
31. If he hire it out for one year and then return, the house, garden, and field shall be given back to him, and he shall take it over again.
32. If a chieftain or a man is captured on the “Way of the King” (in war), and a merchant buy him free, and bring him back to his place; if he have the means in his house to buy his freedom, he shall buy himself free: if he have nothing in his house with which to buy himself free, he shall be bought free by the temple of his community; if there be nothing in the temple with which to buy him free, the court shall buy his freedom. His field, garden, and house shall not be given for the purchase of his freedom.
33. If a . . . or a . . . enter himself as withdrawn from the “Way of the King,” and send a mercenary as substitute, but withdraw him, then the . . . or . . . shall be put to death.
34. If a . . . or a . . . harm the property of a captain, injure the captain, or take away from the captain a gift presented to him by the king, then the . . . or . . . shall be put to death.
35. If any one buy the cattle or sheep which the king has given to chieftains from him, he loses his money.
36. The field, garden, and house of a chieftain, of a man, or of one subject to quit-rent, can not be sold.
37. If any one buy the field, garden, and house of a chieftain, man, or one subject to quit-rent, his contract tablet of sale shall be broken (declared invalid) and he loses his money. The field, garden, and house return to their owners.
38. A chieftain, man, or one subject to quit-rent can not assign his tenure of field, house, and garden to his wife or daughter, nor can he assign it for a debt.
39. He may, however, assign a field, garden, or house which he has bought, and holds as property, to his wife or daughter or give it for debt.
40. He may sell field, garden, and house to a merchant (royal agents) or to any other public official, the buyer holding field, house, and garden for its usufruct.
41. If any one fence in the field, garden, and house of a chieftain, man, or one subject to quit-rent, furnishing the palings therefor; if the chieftain, man, or one subject to quit-rent return to field, garden, and house, the palings which were given to him become his property.
42. If any one take over a field to till it, and obtain no harvest therefrom, it must be proved that he did no work on the field, and he must deliver grain, just as his neighbor raised, to the owner of the field.
43. If he do not till the field, but let it lie fallow, he shall give grain like his neighbor’s to the owner of the field, and the field which he let lie fallow he must plow and sow and return to its owner.
44. If any one take over a waste-lying field to make it arable, but is lazy, and does not make it arable, he shall plow the fallow field in the fourth year, harrow it and till it, and give it back to its owner, and for each ten gan (a measure of area) ten gur of grain shall be paid.
45. If a man rent his field for tillage for a fixed rental, and receive the rent of his field, but bad weather come and destroy the harvest, the injury falls upon the tiller of the soil.
46. If he do not receive a fixed rental for his field, but lets it on half or third shares of the harvest, the grain on the field shall be divided proportionately between the tiller and the owner.
47. If the tiller, because he did not succeed in the first year, has had the soil tilled by others, the owner may raise no objection; the field has been cultivated and he receives the harvest according to agreement.
48. If any one owe a debt for a loan, and a storm prostrates the grain, or the harvest fail, or the grain does not grow for lack of water; in that year he need not give his creditor any grain, he washes his debt-tablet in water and pays no rent for this year.
49. If any one take money from a merchant, and give the merchant a field tillable for corn or sesame and order him to plant corn or sesame in the field, and to harvest the crop; if the cultivator plant corn or sesame in the field, at the harvest the corn or sesame that is in the field shall belong to the owner of the field and he shall pay corn as rent, for the money he received from the merchant, and the livelihood of the cultivator shall he give to the merchant.
50. If he give a cultivated corn-field or a cultivated sesame-field, the corn or sesame in the field shall belong to the owner of the field, and he shall return the money to the merchant as rent.
51. If he have no money to repay, then he shall pay in corn or sesame in place of the money as rent for what he received from the merchant, according to the royal tariff.
51.根据皇家税法,如果欠债者无力偿还债务,则必须利用小麦或者芝麻来代替从商人那里得到的租金。
54. If he be not able to replace the corn, then he and his possessions shall be divided among the farmers whose corn he has flooded.
54.如果他不能偿还这些小麦,就将他和他的财产都分发给遭受水灾之苦的其他农民。
55. If anyone open his ditches to water his crop, but is careless, and the water flood the field of his neighbor, then he shall pay his neighbor corn for his loss.
55.如果任何人开挖沟渠以浇灌田地,但是不小心淹没了邻居的田,则他将赔偿邻居小麦作为损失。
56. If a man let in the water, and the water overflow the plantation of his neighbor, he shall pay ten gur of corn for every ten gan of land.
57. If a shepherd, without the permission of the owner of the field, and without the knowledge of the owner of the sheep, lets the sheep into a field to graze, then the owner of the field shall harvest his crop, and the shepherd, who had pastured his flock there without permission of the owner of the field, shall pay to the owner twenty gur of corn for every ten gan.
58. If after the flocks have left the pasture and been shut up in the common fold at the city gate, any shepherd let them into a field and they graze there, this shepherd shall take possession of the field which he has allowed to be grazed on, and at the harvest he must pay sixty gur of corn for every ten gan.
59. If any man, without the knowledge of the owner of a garden, fell a tree in a garden he shall pay half a mina in money.
60. If any one give over a field to a gardener, for him to plant it as a garden, if he work at it, and care for it for four years, in the fifth year the owner and the gardener shall divide it, the owner taking his part in charge.
61. If the gardener has not completed the planting of the field, leaving one part unused, this shall be assigned to him as his.
61.如果一个园丁没能完成这个田地的播种栽种,则其将负全责。
62. If he do not plant the field that was given over to him as a garden, if it be arable land (for corn or sesame) the gardener shall pay the owner the produce of the field for the years that he let it lie fallow, according to the product of neighboring fields, put the field in arable condition and return it to its owner.
63. If he transform waste land into arable fields and return it to its owner, the latter shall pay him for one year ten gur for ten gan.
64. If any one hand over his garden to a gardener to work, the gardener shall pay to its owner two-thirds of the produce of the garden, for so long as he has it in possession, and the other third shall he keep.
65. If the gardener do not work in the garden and the product fall off, the gardener shall pay in proportion to other neighboring gardens.
[Here a portion of the text is missing, apparently comprising thirty-four paragraphs.]
100. . . . interest for the money, as much as he has received, he shall give a note therefor, and on the day, when they settle, pay to the merchant.
101. If there are no mercantile arrangements in the place whither he went, he shall leave the entire amount of money which he received with the broker to give to the merchant.
102. If a merchant entrust money to an agent (broker) for some investment, and the broker suffer a loss in the place to which he goes, he shall make good the capital to the merchant.
103. If, while on the journey, an enemy take away from him anything that he had, the broker shall swear by God and be free of obligation.
104. If a merchant give an agent corn, wool, oil, or any other goods to transport, the agent shall give a receipt for the amount, and compensate the merchant therefor. Then he shall obtain a receipt form the merchant for the money that he gives the merchant.
105. If the agent is careless, and does not take a receipt for the money which he gave the merchant, he can not consider the unreceipted money as his own.
106. If the agent accept money from the merchant, but have a quarrel with the merchant (denying the receipt), then shall the merchant swear before God and witnesses that he has given this money to the agent, and the agent shall pay him three times the sum.
107. If the merchant cheat the agent, in that as the latter has returned to him all that had been given him, but the merchant denies the receipt of what had been returned to him, then shall this agent convict the merchant before God and the judges, and if he still deny receiving what the agent had given him shall pay six times the sum to the agent.
108. If a tavern-keeper (feminine) does not accept corn according to gross weight in payment of drink, but takes money, and the price of the drink is less than that of the corn, she shall be convicted and thrown into the water.
109. If conspirators meet in the house of a tavern-keeper, and these conspirators are not captured and delivered to the court, the tavern-keeper shall be put to death.
109.如果在旅店主发现阴谋者,但却没有将其抓获并移送法办,则店主将被处死。
110. If a “sister of a god” open a tavern, or enter a tavern to drink, then shall this woman be burned to death.
110.如果修女开设酒店,或者进入酒店喝酒,则这个女人将被烧死。
111. If an inn-keeper furnish sixty ka of usakani-drink to . . . she shall receive fifty ka of corn at the harvest.
112. If any one be on a journey and entrust silver, gold, precious stones, or any movable property to another, and wish to recover it from him; if the latter do not bring all of the property to the appointed place, but appropriate it to his own use, then shall this man, who did not bring the property to hand it over, be convicted, and he shall pay fivefold for all that had been entrusted to him.
113. If any one have consignment of corn or money, and he take from the granary or box without the knowledge of the owner, then shall he who took corn without the knowledge of the owner out of the granary or money out of the box be legally convicted, and repay the corn he has taken. And he shall lose whatever commission was paid to him, or due him.
114. If a man have no claim on another for corn and money, and try to demand it by force, he shall pay one-third of a mina of silver in every case.
115. If any one have a claim for corn or money upon another and imprison him; if the prisoner die in prison a natural death, the case shall go no further.
116. If the prisoner die in prison from blows or maltreatment, the master of the prisoner shall convict the merchant before the judge. If he was a free-born man, the son of the merchant shall be put to death; if it was a slave, he shall pay one-third of a mina of gold, and all that the master of the prisoner gave he shall forfeit.
117. If any one fail to meet a claim for debt, and sell himself, his wife, his son, and daughter for money or give them away to forced labor: they shall work for three years in the house of the man who bought them, or the proprietor, and in the fourth year they shall be set free.
118. If he give a male or female slave away for forced labor, and the merchant sublease them, or sell them for money, no objection can be raised.
119. If any one fail to meet a claim for debt, and he sell the maid servant who has borne him children, for money, the money which the merchant has paid shall be repaid to him by the owner of the slave and she shall be freed.
120. If any one store corn for safe keeping in another person’s house, and any harm happen to the corn in storage, or if the owner of the house open the granary and take some of the corn, or if especially he deny that the corn was stored in his house: then the owner of the corn shall claim his corn before God (on oath), and the owner of the house shall pay its owner for all of the corn that he took.
121. If any one store corn in another man’s house he shall pay him storage at the rate of one gur for every five ka of corn per year.
122. If any one give another silver, gold, or anything else to keep, he shall show everything to some witness, draw up a contract, and then hand it over for safe keeping.
123. If he turn it over for safe keeping without witness or contract, and if he to whom it was given deny it, then he has no legitimate claim.
124. If any one deliver silver, gold, or anything else to another for safe keeping, before a witness, but he deny it, he shall be brought before a judge, and all that he has denied he shall pay in full.
125. If any one place his property with another for safe keeping, and there, either through thieves or robbers, his property and the property of the other man be lost, the owner of the house, through whose neglect the loss took place, shall compensate the owner for all that was given to him in charge. But the owner of the house shall try to follow up and recover his property, and take it away from the thief.
126. If any one who has not lost his goods state that they have been lost, and make false claims: if he claim his goods and amount of injury before God, even though he has not lost them, he shall be fully compensated for all his loss claimed. (I.e., the oath is all that is needed.)

关于婚姻、家庭与财产继承

127. If any one “point the finger” (slander) at a sister of a god or the wife of any one, and can not prove it, this man shall be taken before the judges and his brow shall be marked. (by cutting the skin, or perhaps hair.)
128. If a man take a woman to wife, but have no intercourse with her, this woman is no wife to him.
129. If a man’s wife be surprised (in flagrante delicto) with another man, both shall be tied and thrown into the water, but the husband may pardon his wife and the king his slaves.
130. If a man violate the wife (betrothed or child-wife) of another man, who has never known a man, and still lives in her father’s house, and sleep with her and be surprised, this man shall be put to death, but the wife is blameless.
130.如果一个男人强迫另一个男人的未婚妻(这个女子仍是处女且居住在她父亲的家中)和他发生性关系,被逮捕后,这个男人将被处以死刑。但是,女性可以免责。
131. If a man bring a charge against one’s wife, but she is not surprised with another man, she must take an oath and then may return to her house.
132. If the “finger is pointed” at a man’s wife about another man, but she is not caught sleeping with the other man, she shall jump into the river for her husband.
133. If a man is taken prisoner in war, and there is a sustenance in his house, but his wife leave house and court, and go to another house: because this wife did not keep her court, and went to another house, she shall be judicially condemned and thrown into the water.
134. If any one be captured in war and there is not sustenance in his house, if then his wife go to another house this woman shall be held blameless.
135. If a man be taken prisoner in war and there be no sustenance in his house and his wife go to another house and bear children; and if later her husband return and come to his home, then this wife shall return to her husband, but the children follow their father.
135.如果男人在战争中被俘而他的房子中没有食物,而他的妻子改嫁并生下小孩,之后她的原夫回到家中,这个妻子将回到她原来的丈夫身边,但是,孩子们跟随他们(各自)的亲生父亲。
136. If any one leave his house, run away, and then his wife go to another house, if then he return, and wishes to take his wife back: because he fled from his home and ran away, the wife of this runaway shall not return to her husband.
137. If a man wish to separate from a woman who has borne him children, or from his wife who has borne him children: then he shall give that wife her dowry, and a part of the usufruct of field, garden, and property, so that she can rear her children. When she has brought up her children, a portion of all that is given to the children, equal as that of one son, shall be given to her. She may then marry the man of her heart.
138. If a man wishes to separate from his wife who has borne him no children, he shall give her the amount of her purchase money and the dowry which she brought from her father’s house, and let her go.
139. If there was no purchase price he shall give her one mina of gold as a gift of release.
140. If he be a freed man he shall give her one-third of a mina of gold.
141. If a man’s wife, who lives in his house, wishes to leave it, plunges into debt, tries to ruin her house, neglects her husband, and is judicially convicted: if her husband offer her release, she may go on her way, and he gives her nothing as a gift of release. If her husband does not wish to release her, and if he take another wife, she shall remain as servant in her husband’s house.
142. If a woman quarrel with her husband, and say: “You are not congenial to me.” Therefore reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father’s house.
142.如果一个女人与她的丈夫争吵,并且说:“我们性格不合。”必须提供相应的证据、理由。如果她没有犯过罪,而且并无过错,但是男性离开和忽视她,则女性免罪,她将拿回她的嫁妆并回到她父亲的家。
143. If she is not innocent, but leaves her husband, and ruins her house, neglecting her husband, this woman shall be cast in to the water.
143.若女子犯罪,毁家弃夫,则投之水中。
144. If a man take a wife and this woman give her husband a maid-servant, and she bear him children, but this man wishes to take another wife, this shall not be permitted to him; he shall not take a second wife.
144.如果男人娶妻,妻子为丈夫带来陪嫁女仆,并为他生养孩子,那么这个男人将不被允许纳娶第二名妻子。
145. If a man take a wife, and she bear him no children, and he intend to take another wife: if he take this second wife, and bring her into the house, this second wife shall not be allowed equality with his wife.
145.如果男人娶妻,妻子却无法为丈夫诞下子嗣,他会想娶第二个妻子;如果他另娶妻子,并带她回家,第二个妻子将不被承认与第一个妻子有同等地位。
146. If a man take a wife and she give this man a maid-servant as wife and she bear him children, and then this maid assume equality with the wife: because she has borne him children her master shall not sell her for money, but he may keep her as a slave, reckoning her among the maid-servants.
147. If she have not borne him children, then her mistress may sell her for money.
147.如果陪嫁女仆不能给男主人生孩子,那么女主人可以卖掉她。
148. If a man take a wife, and she be seized by disease, if he then desire to take a second wife he shall not put away his wife, who has been attacked by disease, but he shall keep her in the house which he has built and support her so long as she lives.
149. If this woman does not wish to remain in her husband’s house, then he shall compensate her for the dowry that she brought with her from her father’s house, and she may go.
149.如果女人希望离开她丈夫的家庭,那么丈夫对其嫁妆进行赔偿后,她就可以离开。
150. If a man give his wife a field, garden, and house and a deed there for, if then after the death of her husband the sons raise no claim, then the mother may bequeath all to one of her sons whom she prefers, and need leave nothing to his brothers.
150.在丈夫去世后,如果他的儿子没有异议,那么他生前赠与妻子的田地、庭院以及屋子可以被妻子全部赠与她最喜欢的儿子,而不需要留给其他兄弟。
151. If a woman who lived in a man’s house made an agreement with her husband, that no creditor can arrest her, and has given a document therefor: if that man, before he married that woman, had a debt, the creditor can not hold the woman for it. But if the woman, before she entered the man’s house, had contracted a debt, her creditor can not arrest her husband therefor.
152. If after the woman had entered the man’s house, both contracted a debt, both must pay the merchant.
153. If the wife of one man on account of another man has their mates (her husband and the other man’s wife) murdered, both of them shall be impaled.
153.如果一个有夫之妇和一个有妇之夫共谋杀害他们的伴侣(她的丈夫和他的妻子),二人将被刺死。
154. If a man be guilty of incest with his daughter, he shall be driven from the place (exiled).
154.如果一个男人与他的女儿乱伦,他将被驱逐出当地。
155. If a man betroth a girl to his son, and his son have intercourse with her, but he (the father) afterward defile her, and be surprised, then he shall be bound and cast into the water (drowned).
155.如果一个男人为他的儿子订了一门亲事,且他的儿子与女方已有肌肤之亲,后来他(这个父亲)却染指儿媳,他会被捕且被五花大绑扔进水中淹死。
156. If a man betroth a girl to his son, but his son has not known her, and if then he defile her, he shall pay her half a gold mina, and compensate her for all that she brought out of her father’s house. She may marry the man of her heart.
157. If anyone be guilty of incest with his mother after his father, both shall be burned.
157.如果任何人在父亲死后与母亲乱伦,二人将被烧死。
158. If any one be surprised after his father with his chief wife, who has borne children, he shall be driven out of his father’s house.
159. If any one, who has brought chattels into his father-in-law’s house, and has paid the purchase-money, looks for another wife, and says to his father-in-law: “I do not want your daughter,” the girl’s father may keep all that he had brought.
160. If a man bring chattels into the house of his father-in-law, and pay the “purchase price” (for his wife): if then the father of the girl say: “I will not give you my daughter,” he shall give him back all that he brought with him.
161. If a man bring chattels into his father-in-law’s house and pay the “purchase price,” if then his friend slander him, and his father-in-law say to the young husband: “You shall not marry my daughter,” the he shall give back to him undiminished all that he had brought with him; but his wife shall not be married to the friend.
162. If a man marry a woman, and she bear sons to him; if then this woman die, then shall her father have no claim on her dowry; this belongs to her sons.
163. If a man marry a woman and she bear him no sons; if then this woman die, if the “purchase price” which he had paid into the house of his father-in-law is repaid to him, her husband shall have no claim upon the dowry of this woman; it belongs to her father’s house.
164. If his father-in-law do not pay back to him the amount of the “purchase price” he may subtract the amount of the “Purchase price” from the dowry, and then pay the remainder to her father’s house.
165. If a man give to one of his sons whom he prefers a field, garden, and house, and a deed therefor: if later the father die, and the brothers divide the estate, then they shall first give him the present of his father, and he shall accept it; and the rest of the paternal property shall they divide.
166. If a man take wives for his son, but take no wife for his minor son, and if then he die: if the sons divide the estate, they shall set aside besides his portion the money for the “purchase price” for the minor brother who had taken no wife as yet, and secure a wife for him.
167. If a man marry a wife and she bear him children: if this wife die and he then take another wife and she bear him children: if then the father die, the sons must not partition the estate according to the mothers, they shall divide the dowries of their mothers only in this way; the paternal estate they shall divide equally with one another.
168. If a man wish to put his son out of his house, and declare before the judge: “I want to put my son out,” then the judge shall examine into his reasons. If the son be guilty of no great fault, for which he can be rightfully put out, the father shall not put him out.
169. If he be guilty of a grave fault, which should rightfully deprive him of the filial relationship, the father shall forgive him the first time; but if he be guilty of a grave fault a second time the father may deprive his son of all filial relation.
170. If his wife bear sons to a man, or his maid-servant have borne sons, and the father while still living says to the children whom his maid-servant has borne: “My sons,” and he count them with the sons of his wife; if then the father die, then the sons of the wife and of the maid-servant shall divide the paternal property in common. The son of the wife is to partition and choose.
171. If, however, the father while still living did not say to the sons of the maid-servant: “My sons,” and then the father dies, then the sons of the maid-servant shall not share with the sons of the wife, but the freedom of the maid and her sons shall be granted. The sons of the wife shall have no right to enslave the sons of the maid; the wife shall take her dowry (from her father), and the gift that her husband gave her and deeded to her (separate from dowry, or the purchase-money paid her father), and live in the home of her husband: so long as she lives she shall use it, it shall not be sold for money. Whatever she leaves shall belong to her children.
172. If her husband made her no gift, she shall be compensated for her gift, and she shall receive a portion from the estate of her husband, equal to that of one child. If her sons oppress her, to force her out of the house, the judge shall examine into the matter, and if the sons are at fault the woman shall not leave her husband’s house. If the woman desire to leave the house, she must leave to her sons the gift which her husband gave her, but she may take the dowry of her father’s house. Then she may marry the man of her heart.
173. If this woman bear sons to her second husband, in the place to which she went, and then die, her earlier and later sons shall divide the dowry between them.
174. If she bear no sons to her second husband, the sons of her first husband shall have the dowry.
175. If a State slave or the slave of a freed man marry the daughter of a free man, and children are born, the master of the slave shall have no right to enslave the children of the free.
176. If, however, a State slave or the slave of a freed man marry a man’s daughter, and after he marries her she bring a dowry from a father’s house, if then they both enjoy it and found a household, and accumulate means, if then the slave die, then she who was free born may take her dowry, and all that her husband and she had earned; she shall divide them into two parts, one-half the master for the slave shall take, and the other half shall the free-born woman take for her children. If the free-born woman had no gift she shall take all that her husband and she had earned and divide it into two parts; and the master of the slave shall take one-half and she shall take the other for her children.
177. If a widow, whose children are not grown, wishes to enter another house (remarry), she shall not enter it without the knowledge of the judge. If she enter another house the judge shall examine the state of the house of her first husband. Then the house of her first husband shall be entrusted to the second husband and the woman herself as managers. And a record must be made thereof. She shall keep the house in order, bring up the children, and not sell the house-hold utensils. He who buys the utensils of the children of a widow shall lose his money, and the goods shall return to their owners.
178. If a “devoted woman” or a prostitute to whom her father has given a dowry and a deed therefor, but if in this deed it is not stated that she may bequeath it as she pleases, and has not explicitly stated that she has the right of disposal; if then her father die, then her brothers shall hold her field and garden, and give her corn, oil, and milk according to her portion, and satisfy her. If her brothers do not give her corn, oil, and milk according to her share, then her field and garden shall support her. She shall have the usufruct of field and garden and all that her father gave her so long as she lives, but she can not sell or assign it to others. Her position of inheritance belongs to her brothers.
179. If a “sister of a god,” or a prostitute, receive a gift from her father, and a deed in which it has been explicitly stated that she may dispose of it as she pleases, and give her complete disposition thereof: if then her father die, then she may leave her property to whomsoever she pleases. Her brothers can raise no claim thereto.
180. If a father give a present to his daughter–either marriageable or a prostitute (unmarriageable)–and then die, then she is to receive a portion as a child from the paternal estate, and enjoy its usufruct so long as she lives. Her estate belongs to her brothers.
181. If a father devote a temple-maid or temple-virgin to God and give her no present: if then the father die, she shall receive the third of a child’s portion from the inheritance of her father’s house, and enjoy its usufruct so long as she lives. Her estate belongs to her brothers.
182. If a father devote his daughter as a wife of Mardi of Babylon (as in 181), and give her no present, nor a deed; if then her father die, then shall she receive one-third of her portion as a child of her father’s house from her brothers, but Marduk may leave her estate to whomsoever she wishes.
183. If a man give his daughter by a concubine a dowry, and a husband, and a deed; if then her father die, she shall receive no portion from the paternal estate.
184. If a man do not give a dowry to his daughter by a concubine, and no husband; if then her father die, her brother shall give her a dowry according to her father’s wealth and secure a husband for her.
185. If a man adopt a child and to his name as son, and rear him, this grown son can not be demanded back again.
186. If a man adopt a son, and if after he has taken him, he injure his foster father and mother, then this adopted son shall return to his father’s house.
186.如果一个人领养了一个儿子,养子却对其养父母造成伤害,则这个养子将回到他的原来的家庭。
187. The son of a paramour in the palace service, or of a prostitute, can not be demanded back.
188. If an artizan has undertaken to rear a child and teaches him his craft, he can not be demanded back.
189. If he has not taught him his craft, this adopted son may return to his father’s house.
190. If a man does not maintain a child that he has adopted as a son and reared with his other children, then his adopted son may return to his father’s house.
191. If a man, who had adopted a son and reared him, founded a household, and had children, wish to put this adopted son out, then this son shall not simply go his way. His adoptive father shall give him of his wealth one-third of a child’s portion, and then he may go. He shall not give him of the field, garden, and house.
192. If a son of a paramour or a prostitute say to his adoptive father or mother: “You are not my father, or my mother.” His tongue shall be cut off.
192.如果情妇或者妓女所生子对他养父或者养母说:“你(们)不是我的父亲,或者我的母亲。”将被割掉舌头。
193. If the son of a paramour or a prostitute desire his father’s house, and desert his adoptive father and adoptive mother, and goes to his father’s house, then shall his eye be put out.
193.如果情妇或者妓女所生子希望回到生父的家庭并抛弃了养父母,将被挖出眼睛。
194. If a man give his child to a nurse and the child die in her hands, but the nurse unbeknown to the father and mother nurse another child, then they shall convict her of having nursed another child without the knowledge of the father and mother and her breasts shall be cut off.
195. If a son strike his father, his hands shall be hewn off.
195.打自己父亲的人要被砍断双手。

关于人身保护和“同态复仇法”

196. If a man put out the eye of another man, his eye shall be put out.
196.挖去别人眼睛的人也要被挖出眼睛。
197. If he break another man’s bone, his bone shall be broken.
197.打断别人骨头的人也要被打断骨头。
198. If he put out the eye of a freed man, or break the bone of a freed man, he shall pay one gold mina.
199. If he put out the eye of a man’s slave, or break the bone of a man’s slave, he shall pay one-half of its value.
199.挖出奴隶眼睛或是打断奴隶骨头的人要赔偿奴隶价格的一半。
200. If a man knock out the teeth of his equal, his teeth shall be knocked out.
200.打掉同等地位者牙齿的人将会被敲掉牙齿。
201. If he knock out the teeth of a freed man, he shall pay one-third of a gold mina.
202. If any one strike the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public.
203. If a free-born man strike the body of another free-born man or equal rank, he shall pay one gold mina.
204. If a freed man strike the body of another freed man, he shall pay ten shekels in money.
205. If the slave of a freed man strike the body of a freed man, his ear shall be cut off.
206. If during a quarrel one man strike another and wound him, then he shall swear, “I did not injure him wittingly,” and pay the physicians.
207. If the man die of his wound, he shall swear similarly, and if he (the deceased) was a free-born man, he shall pay half a mina in money.
208. If he was a freed man, he shall pay one-third of a mina.
209. If a man strike a free-born woman so that she lose her unborn child, he shall pay ten shekels for her loss.
210. If the woman die, his daughter shall be put to death.
211. If a woman of the free class lose her child by a blow, he shall pay five shekels in money.
212. If this woman die, he shall pay half a mina.
213. If he strike the maid-servant of a man, and she lose her child, he shall pay two shekels in money.
214. If this maid-servant die, he shall pay one-third of a mina.

关于劳动、报酬、工具和责任事故的追究

215. If a physician make a large incision with an operating knife and cure it, or if he open a tumor (over the eye) with an operating knife, and saves the eye, he shall receive ten shekels in money.
216. If the patient be a freed man, he receives five shekels.
217. If he be the slave of some one, his owner shall give the physician two shekels.
218. If a physician makes a large incision with the operating knife, and kill him, or open a tumor with the operating knife, and cut out the eye, his hands shall be cut off.
218.如果在给人做手术的过程中致其死亡,或是用手术刀挖去人的眼睛,医生将被剁手。
219. If a physician makes a large incision in the slave of a freed man, and kill him, he shall replace the slave with another slave.
219.如果医生在自由人的奴隶的身体里做大型手术,致奴隶死亡,他将必须将另一个奴隶作为补偿。
220. If he had opened a tumor with the operating knife, and put out his eye, he shall pay half his value.
220.如果用手术刀医治肿瘤的医生将奴隶的眼睛挖出,必须赔偿奴隶价格的一半。
221. If a physician heal the broken bone or diseased soft part of a man, the patient shall pay the physician five shekels in money.
222. If he were a freed man he shall pay three shekels.
223. If he were a slave his owner shall pay the physician two shekels.
224. If a veterinary surgeon perform a serious operation on an ass or an ox, and cure it, the owner shall pay the surgeon one-sixth of a shekel as a fee.
225. If he perform a serious operation on an ass or ox, and kill it, he shall pay the owner one-fourth of its value.
226. If a barber, without the knowledge of his master, cut the sign of a slave on a slave not to be sold, the hands of this barber shall be cut off.
227. If any one deceive a barber, and have him mark a slave not for sale with the sign of a slave, he shall be put to death, and buried in his house. The barber shall swear: “I did not mark him wittingly,” and shall be guiltless.
228. If a builder build a house for some one and complete it, he shall give him a fee of two shekels in money for each sar of surface.
229 If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death.
230. If it kill the son of the owner the son of that builder shall be put to death.
231. If it kill a slave of the owner, then he shall pay slave for slave to the owner of the house.
232. If it ruin goods, he shall make compensation for all that has been ruined, and inasmuch as he did not construct properly this house which he built and it fell, he shall re-erect the house from his own means.
233. If a builder build a house for some one, even though he has not yet completed it; if then the walls seem toppling, the builder must make the walls solid from his own means.
234. If a shipbuilder build a boat of sixty gur for a man, he shall pay him a fee of two shekels in money.
235. If a shipbuilder build a boat for some one, and do not make it tight, if during that same year that boat is sent away and suffers injury, the shipbuilder shall take the boat apart and put it together tight at his own expense. The tight boat he shall give to the boat owner.
236. If a man rent his boat to a sailor, and the sailor is careless, and the boat is wrecked or goes aground, the sailor shall give the owner of the boat another boat as compensation.
237. If a man hire a sailor and his boat, and provide it with corn, clothing, oil and dates, and other things of the kind needed for fitting it: if the sailor is careless, the boat is wrecked, and its contents ruined, then the sailor shall compensate for the boat which was wrecked and all in it that he ruined.
238. If a sailor wreck any one’s ship, but saves it, he shall pay the half of its value in money.
239. If a man hire a sailor, he shall pay him six gur of corn per year.
240. If a merchantman run against a ferryboat, and wreck it, the master of the ship that was wrecked shall seek justice before God; the master of the merchantman, which wrecked the ferryboat, must compensate the owner for the boat and all that he ruined.
241. If any one impresses an ox for forced labor, he shall pay one-third of a mina in money.

租赁以及佣工和报酬

242. If any one hire oxen for a year, he shall pay four gur of corn for plow-oxen.
243. As rent of herd cattle he shall pay three gur of corn to the owner.
244. If anyone hire an ox or an ass, and a lion kill it in the field, the loss is upon its owner.
244.如果一个人租借公牛或者驴子,然而狮子却在田野中杀死它们,它们的所有者自担损失。
245. If anyone hire oxen, and kill them by bad treatment or blows, he shall compensate the owner, oxen for oxen.
245.租用他人的牛却将牛虐待或殴打致死者必须赔偿一头牛。
246. If a man hire an ox, and he break its leg or cut the ligament of its neck, he shall compensate the owner with ox for ox.
246.若租借公牛却弄断牛腿或者脖子韧带的人,要赔偿一只牛。
247. If anyone hire an ox, and put out its eyes, he shall pay the owner one-half of its value.
247.租借公牛却挖出其眼睛者将赔付牛价的一半。
248. If any one hire an ox, and break off a horn, or cut off its tail, or hurt its muzzle, he shall pay one-fourth of its value in money.
249. If anyone hire an ox, and God strike it that it die, the man who hired it shall swear by God and be considered guiltless.
249.若有人租用公牛,该牛却因非人为原因死亡,租借者向神灵起誓自己没有过错以后可以被免罪。
250. If while an ox is passing on the street (market) some one push it, and kill it, the owner can set up no claim in the suit (against the hirer).
251. If an ox be a goring ox, and it shown that he is a gorer, and he do not bind his horns, or fasten the ox up, and the ox gore a free-born man and kill him, the owner shall pay one-half a mina in money.
252. If he kill a man’s slave, he shall pay one-third of a mina.
253. If any one agree with another to tend his field, give him seed, entrust a yoke of oxen to him, and bind him to cultivate the field, if he steal the corn or plants, and take them for himself, his hands shall be hewn off.
254. If he take the seed-corn for himself, and do not use the yoke of oxen, he shall compensate him for the amount of the seed-corn.
255. If he sublet the man’s yoke of oxen or steal the seed-corn, planting nothing in the field, he shall be convicted, and for each one hundred gan he shall pay sixty gur of corn.
256. If his community will not pay for him, then he shall be placed in that field with the cattle (at work).
257. If any one hire a field laborer, he shall pay him eight gur of corn per year.
258. If any one hire an ox-driver, he shall pay him six gur of corn per year.
259. If any one steal a water-wheel from the field, he shall pay five shekels in money to its owner.
260. If any one steal a shadduf (used to draw water from the river or canal) or a plow, he shall pay three shekels in money.
261. If any one hire a herdsman for cattle or sheep, he shall pay him eight gur of corn per annum.
262. If any one, a cow or a sheep . . .
263. If he kill the cattle or sheep that were given to him, he shall compensate the owner with cattle for cattle and sheep for sheep.
264. If a herdsman, to whom cattle or sheep have been entrusted for watching over, and who has received his wages as agreed upon, and is satisfied, diminish the number of the cattle or sheep, or make the increase by birth less, he shall make good the increase or profit which was lost in the terms of settlement.
265. If a herdsman, to whose care cattle or sheep have been entrusted, be guilty of fraud and make false returns of the natural increase, or sell them for money, then shall he be convicted and pay the owner ten times the loss.
266. If the animal be killed in the stable by God ( an accident), or if a lion kill it, the herdsman shall declare his innocence before God, and the owner bears the accident in the stable.
267. If the herdsman overlook something, and an accident happen in the stable, then the herdsman is at fault for the accident which he has caused in the stable, and he must compensate the owner for the cattle or sheep.
268. If any one hire an ox for threshing, the amount of the hire is twenty ka of corn.
269. If he hire an ass for threshing, the hire is twenty ka of corn.
270. If he hire a young animal for threshing, the hire is ten ka of corn.
271. If any one hire oxen, cart and driver, he shall pay one hundred and eighty ka of corn per day.
272. If any one hire a cart alone, he shall pay forty ka of corn per day.
273. If any one hire a day laborer, he shall pay him from the New Year until the fifth month (April to August, when days are long and the work hard) six gerahs in money per day; from the sixth month to the end of the year he shall give him five gerahs per day.
274. If any one hire a skilled artizan, he shall pay as wages of the . . . five gerahs, as wages of the potter five gerahs, of a tailor five gerahs, of . . . gerahs, . . . of a ropemaker four gerahs, of . . .. gerahs, of a mason . . . gerahs per day.
275. If any one hire a ferryboat, he shall pay three gerahs in money per day.
276. If he hire a freight-boat, he shall pay two and one-half gerahs per day.
277. If any one hire a ship of sixty gur, he shall pay one-sixth of a shekel in money as its hire per day.

关于奴隶的规定

278. If any one buy a male or female slave, and before a month has elapsed the benu-disease be developed, he shall return the slave to the seller, and receive the money which he had paid.
279. If any one by a male or female slave, and a third party claim it, the seller is liable for the claim.
280. If while in a foreign country a man buy a male or female slave belonging to another of his own country; if when he return home the owner of the male or female slave recognize it: if the male or female slave be a native of the country, he shall give them back without any money.
281. If they are from another country, the buyer shall declare the amount of money paid therefor to the merchant, and keep the male or female slave.
282. If a slave say to his master: “You are not my master.” If they convict him his master shall cut off his ear.
282.若奴隶忤逆主人,一经定罪,主人可以割下他的耳朵。

THE EPILOGUE(结尾):

LAWS of justice which Hammurabi, the wise king, established. A righteous law, and pious statute did he teach the land. Hammurabi, the protecting king am I. I have not withdrawn myself from the men, whom Bel gave to me, the rule over whom Marduk gave to me, I was not negligent, but I made them a peaceful abiding-place. I expounded all great difficulties, I made the light shine upon them. With the mighty weapons which Zamama and Ishtar entrusted to me, with the keen vision with which Ea endowed me, with the wisdom that Marduk gave me, I have uprooted the enemy above and below (in north and south), subdued the earth, brought prosperity to the land, guaranteed security to the inhabitants in their homes; a disturber was not permitted. The great gods have called me, I am the salvation-bearing shepherd, whose staff is straight, the good shadow that is spread over my city; on my breast I cherish the inhabitants of the land of Sumer and Akkad; in my shelter I have let them repose in peace; in my deep wisdom have I enclosed them. That the strong might not injure the weak, in order to protect the widows and orphans, I have in Babylon the city where Anu and Bel raise high their head, in E-Sagil, the Temple, whose foundations stand firm as heaven and earth, in order to bespeak justice in the land, to settle all disputes, and heal all injuries, set up these my precious words, written upon my memorial stone, before the image of me, as king of righteousness.
The king who ruleth among the kings of the cities am I. My words are well considered; there is no wisdom like unto mine. By the command of Shamash, the great judge of heaven and earth, let righteousness go forth in the land: by the order of Marduk, my lord, let no destruction befall my monument. In E-Sagil, which I love, let my name be ever repeated; let the oppressed, who has a case at law, come and stand before this my image as king of righteousness; let him read the inscription, and understand my precious words: the inscription will explain his case to him; he will find out what is just, and his heart will be glad, so that he will say:
“Hammurabi is a ruler, who is as a father to his subjects, who holds the words of Marduk in reverence, who has achieved conquest for Marduk over the north and south, who rejoices the heart of Marduk, his lord, who has bestowed benefits for ever and ever on his subjects, and has established order in the land.”

When he reads the record, let him pray with full heart to Marduk, my lord, and Zarpanit, my lady; and then shall the protecting deities and the gods, who frequent E-Sagil, graciously grant the desires daily presented before Marduk, my lord, and Zarpanit, my lady. In future time, through all coming generations, let the king, who may be in the land, observe the words of righteousness which I have written on my monument; let him not alter the law of the land which I have given, the edicts which I have enacted; my monument let him not mar. If such a ruler have wisdom, and be able to keep his land in order, he shall observe the words which I have written in this inscription; the rule, statute, and law of the land which I have given; the decisions which I have made will this inscription show him; let him rule his subjects accordingly, speak justice to them, give right decisions, root out the miscreants and criminals from this land, and grant prosperity to his subjects.

Hammurabi, the king of righteousness, on whom Shamash has conferred right (or law) am I. My words are well considered; my deeds are not equaled; to bring low those that were high; to humble the proud, to expel insolence. If a succeeding ruler considers my words, which I have written in this my inscription, if he do not annul my law, nor corrupt my words, nor change my monument, then may Shamash lengthen that king’s reign, as he has that of me, the king of righteousness, that he may reign in righteousness over his subjects. If this ruler do not esteem my words, which I have written in my inscription, if he despise my curses, and fear not the curse of God, if he destroy the law which I have given, corrupt my words, change my monument, efface my name, write his name there, or on account of the curses commission another so to do, that man, whether king or ruler, patesi, or commoner, no matter what he be, may the great God (Anu), the Father of the gods, who has ordered my rule, withdraw from him the glory of royalty, break his scepter, curse his destiny. May Bel, the lord, who fixeth destiny, whose command can not be altered, who has made my kingdom great, order a rebellion which his hand can not control; may he let the wind of the overthrow of his habitation blow, may he ordain the years of his rule in groaning, years of scarcity, years of famine, darkness without light, death with seeing eyes be fated to him; may he (Bel) order with his potent mouth the destruction of his city, the dispersion of his subjects, the cutting off of his rule, the removal of his name and memory from the land. May Belit, the great Mother, whose command is potent in E-Kur (the Babylonian Olympus), the Mistress, who harkens graciously to my petitions, in the seat of judgment and decision (where Bel fixes destiny), turn his affairs evil before Bel, and put the devastation of his land, the destruction of his subjects, the pouring out of his life like water into the mouth of King Bel. May Ea, the great ruler, whose fated decrees come to pass, the thinker of the gods, the omniscient, who maketh long the days of my life, withdraw understanding and wisdom from him, lead him to forgetfulness, shut up his rivers at their sources, and not allow corn or sustenance for man to grow in his land. May Shamash, the great Judge of heaven and earth, who supporteth all means of livelihood, Lord of life-courage, shatter his dominion, annul his law, destroy his way, make vain the march of his troops, send him in his visions forecasts of the uprooting of the foundations of his throne and of the destruction of his land. May the condemnation of Shamash overtake him forthwith; may he be deprived of water above among the living, and his spirit below in the earth. May Sin (the Moon-god), the Lord of Heaven, the divine father, whose crescent gives light among the gods, take away the crown and regal throne from him; may he put upon him heavy guilt, great decay, that nothing may be lower than he. May he destine him as fated, days, months and years of dominion filled with sighing and tears, increase of the burden of dominion, a life that is like unto death. May Adad, the lord of fruitfulness, ruler of heaven and earth, my helper, withhold from him rain from heaven, and the flood of water from the springs, destroying his land by famine and want; may he rage mightily over his city, and make his land into flood-hills (heaps of ruined cities). May Zamama, the great warrior, the first-born son of E-Kur, who goeth at my right hand, shatter his weapons on the field of battle, turn day into night for him, and let his foe triumph over him. May Ishtar, the goddess of fighting and war, who unfetters my weapons, my gracious protecting spirit, who loveth my dominion, curse his kingdom in her angry heart; in her great wrath, change his grace into evil, and shatter his weapons on the place of fighting and war. May she create disorder and sedition for him, strike down his warriors, that the earth may drink their blood, and throw down the piles of corpses of his warriors on the field; may she not grant him a life of mercy, deliver him into the hands of his enemies, and imprison him in the land of his enemies. May Nergal, the might among the gods, whose contest is irresistible, who grants me victory, in his great might burn up his subjects like a slender reedstalk, cut off his limbs with his mighty weapons, and shatter him like an earthen image. May Nin-tu, the sublime mistress of the lands, the fruitful mother, deny him a son, vouchsafe him no name, give him no successor among men. May Nin-karak, the daughter of Anu, who adjudges grace to me, cause to come upon his members in E-kur high fever, severe wounds, that can not be healed, whose nature the physician does not understand, which he can not treat with dressing, which, like the bite of death, can not be removed, until they have sapped away his life.

May he lament the loss of his life-power, and may the great gods of heaven and earth, the Anunaki, altogether inflict a curse and evil upon the confines of the temple, the walls of this E-barra (the Sun temple of Sippara), upon his dominion, his land, his warriors, his subjects, and his troops. May Bel curse him with the potent curses of his mouth that can not be altered, and may they come upon him forthwith.

THE END OF THE CODE OF HAMMURABI

Great Charter(《大宪章》)

1215年6月15日(一说1213)由英王约翰签署的宪法性文件,成为英国君主立宪制的法律基石。《大宪章》(拉丁:Magna Carter)是英国宪法的基础,创造了“法治”理念。时至今日,《大宪章》中的3个条款目前仍然有效:保证英国教会的自由,确认伦敦金融城及其他城镇的特权,以及所有人都必须有合法的审判才能被监禁。

(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 honor 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 de Neville, 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 right reckoned 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 forever, 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 shall take 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 with plough 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 our eldest daughter. For these purposes only 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 the county 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 neighborhood.

(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 the Crown, 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 service.

(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 lawful judgement of his equals or by the law of the land.

+ (40) To 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 outlawed in 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 `honor’ 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 or are 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, and the 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 of a 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 he wishes 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 Welsh hostages, 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 kingdom in 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, 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.

受命于天的英格兰国王兼领爱尔兰宗主,诺曼底与阿奎丹公爵、安茹伯爵约翰,谨向大主教,主教,住持,伯爵,男爵,法官,森林官,执行吏,典狱官,差人,及其管家吏与忠顺的人民致候。

  由于可敬的神父们,坎特伯里大主教,英格兰大教长兼圣罗马教会红衣主教斯提芬;杜伯林大主教亨利……暨培姆布卢克大司仪伯爵威廉;索斯伯利伯爵威廉……等贵族,及其他忠顺臣民谏议,使余等知道,为了余等自身以及余等之先人与后代灵魂的安全,同时也为了圣教会的昌盛和王国的兴隆,上帝的意旨使余等承认下列诸端,并昭告全国:

  (1)首先,余等及余等之后嗣坚决应许上帝,根据本宪章,英国教会当享有自由,其权利将不受干扰,其自由将不受侵犯。关于英格兰教会所视为最重要与最必需之自由选举,在余等与诸男爵发生不睦之前曾自动地或按照己意用特许状所颁赐者,——同时经余等请得教王英诺森三世所同意者——余等及余等之世代子孙当永以善意遵守。此外,余等及余等之子孙后代,同时亦以下面附列之各项自由给予余等王国内一切自由人民,并允许严行遵守,永矢勿渝。

  (2)任何伯爵或男爵,或因军役而自余等直接领有采地之人身故时,如有已达成年之继承者,于按照旧时数额缴纳承继税后,即可享有其遗产。计伯爵继承人于缴纳一百镑后,即可享受伯爵全部遗产;男爵继承人于缴纳一百镑后,即可享受男爵全部遗产;武士继承人于最多缴纳一百先令后,即可享受全部武士封地。其他均应按照采地旧有习惯,应少交者须少交。

  (3)上述诸人之继承人如未达成年,须受监护者,应于成年后以其遗产交付之,不得收取任何继承税或产业转移税。

  (4)凡经管前款所述未达成年之继承人之土地者,除自该项土地上收取适当数量之产品,及按照习惯应行征取之赋税与力役外,不得多有需索以免耗费人力与物力。如余等以该项土地之监护权委托执行吏或其他人等,俾对其收益向余等负责,而其人使所保管之财产遭受浪费与损毁时,余等将处此人以罚金,并将该项土地转交该采地中合法与端正之人士二人,俾对该项收益能向余等或余等所指定之人负责。如余等将该项土地之监护权赐予或售予任何人,而其人使土地遭受浪费与损毁时,即须丧失监护权,并将此项土地交由该采地中之合法与端正人士二人,按照前述条件向余等负责。

  (5)此外,监护人在经管土地期间,应自该项土地之收益中拨出专款为房屋、园地、鱼塘、池沼、磨坊及其他附属物修缮费用,俾能井井有条。继承人达成年时,即应按照耕耘时之需要,就该项土地收益所许可之范围内置备犁、锄、与其他农具,附于其全部土地内归还之。

  (6)继承人得在不贬抑其身分之条件下结婚,但在订婚前应向其宅人之卑属亲族通告。

  (7)寡妇于其夫身故后,应不受任何留难而立即获得其嫁资与遗产。寡妇之嫁奁,嫁资,及其应得之遗产与其夫逝世前为二人共同保有之物品,俱不付任何代价。[自愿改醮]之寡妇得于其夫身故后,居留夫宅四十日,在此期间其嫁奁应交还之。

  (8)寡妇之自愿孀居者,不得强迫其改醮,但寡妇本人,如执有余等之土地时,应提供保证,未得余等同意前不改醮。执有其他领主之土地者,亦应获得其他领主同意。

  (9)凡债务人之动产足以抵偿其债务时,无论余等或余等之执行吏,均不得强取收入以抵偿债务。如负债人之财产足以抵偿其债务,即不得使该项债务之担保人受扣押动产之处分。但如债务人不能偿还债务,或无力偿还债务时,担保人应即负责清偿。担保人如愿意时,可扣押债务人之土地与收入,甚至后者偿还其前所代偿之债务时为止。惟该债务人能证明其所清偿已超过保人担保之额著,不在此限。

  (10)任何向犹太人借债者,不论其数额多少,如在未清偿前身故,此项债款在负责清偿之继承人未达成年之前不得负有利息,如此项债务落入余等之手,则余等除契据上载明之动产以外,不得收取任何其他物品。

  (11)欠付犹太人债务者亡故时,其妻仍应获得其嫁资,不负偿债之责。亡故者如有未成年之子女时,应按亡者遗产之性质,留备彼等之教养费,剩余数额,除扣还领主应得之报效外,始可作为清偿债务之用。关于犹太人以外之债务,同样依此规定处理。

  (12)除下列三项税金外,设无全国公意许可,将不征收任何免役税与贡金。即(一)赎回余等身体时之赎金[指被俘时].(二)策封余等之长子为武士时之费用。(三)余等之长女出嫁时之费用——但以一次为限。且为此三项目的征收之贡金亦务求适当。关于伦敦城之贡金,按同样规定办理。

  (13)伦敦城,无论水上或陆上,俱应享有其旧有之自由与自由习惯。其他城市、州、市镇,港口,余等亦承认或赐予彼等以保有自由与自由习惯之权。

  (14)凡在上述征收范围之外,余等如欲征收贡金与免役税,应用加盖印信之诏书致送各大主教,主教,住持,伯爵与男爵指明时间与地点召集会议,以期获得全国公意。此项诏书之送达,至少应在开会以前四十日,此外,余等仍应通过执行吏与管家吏普遍召集凡直接领有余等之土地者。召集之缘由应于诏书内载明。召集之后,前项事件应在指定日期依出席者之公意进行,不以缺席人数阻延之。

  (15)自此以往,除为赎还其本人之身体,策封其长子为武士,与一度出嫁其长女以外。余等不得准许任何人向其自由人征取贡金。而为上述目的所征收之贡金数额亦务求合乎情理。

  (16)不得强迫执有武士采地,或其他自由保有地之人,服额外之役。

  (17)一般诉讼应在一定地方审问,无需追随国王法庭请求处理。

  (18)凡关于强占土地,收回遗产及最后控诉等案件,应不在该案件所发生之州以外地区审理。其方法如下:由余等自己,或余等不在国内时,由余等之大法官,指定法官二人,每年四次分赴各州郡,会同该州郡所推选之武士四人,在指定之日期,于该州郡法庭所在地审理之。

  (19)州郡法庭开庭之日,如上述案件未能审理,则应就当日出庭之武士与自由佃农中酌留适当人数,俾能按照事件性质之轻重作出合宜裁决。

  (20)自由人犯轻罪者,应按犯罪之程度科以罚金;犯重罪者应按其犯罪之大小没收其土地,与居室以外之财产;对于商人适用同样规定,但不得没收其货物。凡余等所辖之农奴犯罪时,亦应同样科以罚金,但不得没收其农具。上述罚金,须凭邻居正直之人宣誓证明,始得科罚。

  (21)伯爵与男爵,非经其同级贵族陪审,并按照罪行程度外不得科以罚金。

  (22)教士犯罪时,仅能按照处罚上述诸人之方法,就其在俗之财产科以罚金;不得按照其教士采地之收益为标准科处罚金。

  (23)不得强迫任何市镇与个人修造渡河桥梁,惟向未负有修桥之责者不在此限。

  (24)余等之执行吏,巡察吏,检验吏与管家等,均不得受理向余等提出之诉讼。

  (25)一切州郡,百人村,小镇市,小区——余等自己之汤沐邑在外——均应按照旧章征收赋税,不得有任何增加。

  (26)凡领受余等之采地者亡故时,执有余等向该亡故者索欠之特许证状之执行吏或管家应即依公正人士数人之意见,按照债务数额,将该亡故者之动产加以登记与扣押,使在偿清余等债务之前不得移动。偿清后之剩余,应即交由死者之遗嘱执行人处理。如死者不欠余等之债,则除为其妻子酌留相当部分外,其余一切动产概依亡者所指定之用途处理。

  (27)任何未立遗嘱之自由人亡故时,其所遗动产应依教会之意见,经由其戚友之手分配之,但偿还死者债务之部分应予留出。

  (28)余等之巡察吏或管家吏,除立即支付价款外,不得自任何人之处擅取谷物或其他动产,但依出售者之意志允予延期付款者不在此限。

  (29)武士如愿亲自执行守卫勤务,或因正当理由不能亲自执行,而委托合适之人代为执行时,巡察吏即不得向之强索财物。武士被率领或被派遣出征时,应在军役期内免除其守卫勤务。

  (30)任何执行吏或管家吏,不得擅取自由人之车与马作为运输之用,但依照该自由人之意志为之者,不在此限。

  (31)无论余等或余等之管家吏俱不得强取他人木材,以供建筑城堡或其他私用,但依木材所所有人之意志为之者不在此限。

  (32)余等留用重罪既决犯之土地不得超过一年零一日,逾期后即应交还该项土地之原主。

  (33)自此以后,除海岸线以外,其他在泰晤斯河,美得威河及全英格兰各地一切河流上之堰坝与鱼梁概须拆除。

  (34)自此以后,不得再行颁布强制转移土地争执案件至国王法庭审讯之敕令,以免自由人丧失其司法权。

  (35)全国应有统一之度量衡。酒类、烈性麦酒与谷物之量器,以伦敦夸尔为标准;染色布、土布,锁子甲布之宽度应以织边下之两码为标准;其他衡器亦如量器之规定。

  (36)自此以后发给检验状(验尸或验伤)时不得索取或给予任何陋规,请求发给时,亦不得拒绝。

  (37)任何人以货币租地法,劳役租地法,或特许享有法保有余等之土地,但同时亦保有其他领主之兵役采地者,余等即不得借口上述诸关系强迫取得其继承人(未成年人)及其所保有他人土地之监护权。除该项货币租地,劳役租地与特许享有租地负有军役义务外,余等皆不得主张其监护权。任何人以献纳刀、剑、弓、箭等而得为余等之小军曹者,余等亦不得对其继承人及其所保有之他人土地主张监护权。

  (38)自此以后,凡不能提供忠实可靠之证人与证物时,管家吏不得单凭己意使任何人经受神判法(水火法)。

  (39)任何自由人,如未经其同级贵族之依法裁判,或经国法判决,皆不得被逮捕,监禁,没收财产,剥夺法律保护权,流放,或加以任何其他损害。

  (40)余等不得向任何人出售,拒绝,或延搁其应享之权利与公正裁判。

  (41)除战时与余等敌对之国家之人民外,一切商人,倘能遵照旧时之公正习惯,皆可免除苛捐杂税,安全经由水道与旱道,出入英格兰,或在英格兰全境逗留或耽搁以经营商业。战时,敌国商人在我国者,在余等或余等之大法官获知我国商人在敌国所受之待遇前,应先行扣留,但不得损害彼等之身体与货物。如我国商人之在敌国者安全无恙,敌国商人在我国者亦将安全无恙。

  (42)自此以后,任何对余等效忠之人民,除在战时为国家与公共幸福得暂加限制外,皆可由水道或旱道安全出国或入国。但监犯与被褫夺法律保护权之人为例外,关于敌国人民与商人,依前述方法处理。

  (43)领有归属土地——诸如自窝林福德,诺定昂,波罗因,兰开斯忒诸勋爵领有者,或其他归属于余等之男爵领地——之附庸亡故时,其继承人不另缴承继税。余等亦不得令其提供较男爵生前更多之役务,一切应依该采地在男爵手中时为标准。

  (44)自此以后,不得以普通传票召唤森林区以外之居民赴森林区法庭审讯。但为森林区案件之被告人,或为森林区案件被告之保人者,不在此限。

  (45)除熟习本国法律而又志愿遵守者外,余等将不任命任何人为法官,巡察吏,执行吏或管家吏。

  (46)一切自英国历朝国王获得特许状创立寺院或握有寺产保管权之男爵(贵族),应悉仍旧例,在该项寺院无人主持时,负保管之责。

  (47)凡在余等即位后所划出之森林区,及建为防御工事之河岸,皆应立即撤除。

  (48)有关每一州郡之森林,园圃,森林官,园圃守护人,管家吏及其仆役,河岸及其守护人等之一切陋规恶习,应由各该州郡推选武士十二人,于宣誓后立即驰赴各地详加调查,并于调查后四十日内予以全部彻底革除,务使永不再起。调查情形应先奏知余等,若余等不在国内时则先禀知大法官。

  (49)凡英国臣民为表示和好和忠忱所交予余等之人质或其他担保品,概须立即退还。

  (50)余等应解除热拉尔之戚及下列诸人(名略)及随从彼等来英任执行吏者之职务,并使彼等自此以后,不再在英国担任此项职务。

  (51)君臣复归于好后,余等应将携带马匹与武器来英格兰并危害英国之外国士兵,弩手,仆役及佣兵等立即遣送出境。

  (52)任何人凡未经其同级贵族之合法裁决而被余等夺去其土地,城堡,自由或合法权利者,余等应立即归还之。倘有关于此项事件之任何争执发生,应依后列负责保障和平之男爵二十五人之意见裁决之。其有在余等之父亨利王或余等之兄理查王时代,未经其同级贵族之合法判决而被夺去之上述各项,现为余等所有,或为他人所有而应由余等负责者,当较照参加十字军者获得展缓债务权利之一般规定办理。但当余等参谒圣地归来后,或因故中止余等之东征时,余等应即公平处理之。惟在余等誓师东征前正在进行诉讼,或由余等之敕令正在审理中者,不在此限。

  (53)关于下列事件亦应依照前条规定处理或展缓处理之;

  (甲)余等之父亨利王,兄理查王时代所划出之森林,何者应撤除,何者应保留。

  (乙)余等在他人采地中之监护权(此项监护权系因某人曾自余等领受军役采地,因而使余等享有者)。

  (丙)余等在他人采地中所建立之寺院(该采地之领主声称有管辖权者)。

  当余等参谒圣地归来后,或因故中止余等之东征时,余等应立即对上述诸项予以公正处理。

  (54)凡妇女指控之杀人案件,如死者并非其夫,即不得逮捕或监禁任何人。

  (55)凡余等所科之一切不正当与不合法之罚金与处罚,须一概免除或纠正之,或依照后列保障和平之男爵二十五人之意见,或大多数男爵连同前述之坎特伯里大主教斯提芬,及其所愿与共同商讨此事件者之意见处理之。遇大教主不能出席时,事件应照常进行。但如上述二十五男爵中有一人或数人与同一事件有关(“大宪章重订译本”作“为同一事件之原告”),则应于处理此一事件时回避,而代之以其余男爵中所遴选之人。

  (56)如余等曾在英格兰或威尔斯,未依其同级贵族之合法裁判,而夺去任何威尔斯贵族之土地,自由或其他物品,应立即归还之。遇有关于此类事件之争执发生时,应交由“边区”贵族处理,凡属英格兰人之产业,按照英格兰法律办理,威尔斯人产业,按照威尔斯法律办理,边区产业则依边区法律办理。威尔斯人对余等及余等之人民应同样行之。

  (57)至关于威尔斯人在余等之父亨利,或余等之兄理查时代未经其同级贵族之合法判

  决而被夺去之物,现在余等手中,或虽不在余等手中而应由余等负责者,余等将按照参加十字军者可展缓债务之一般规定处理。但当余等参谒圣地归来后,或因故中止余等之东征时,余等应即予以公平处理。惟在余等誓师东征前正在进行诉讼,或由余等之敕令正在审理中者,不在此限。

  (58)余等应立即归还刘埃霖之子及威尔斯人一切人质以及作为和平担保之一切信物与契据。

  (59)关于苏格兰王亚历山大,余等将归还其姊妹,质物,自由与合法权利,一如余等对英格兰诸男爵之所为,但属于其父威廉王敕令中所载,而为余等所保有者,不在此限。此一切当依照在英国宫廷中之苏格兰贵族之意见处理。

  (60)余等在上述敕令中所公布之一切习惯与自由,就属于余等之范围而言,应为全国臣民,无论僧俗,一律遵守,就属于诸男爵(一切贵族)之范围而言,应为彼等之附庸共同遵守。

  (61)余等之所以作前述诸让步,在欲归荣于上帝,致国家于富强,但尤在泯除余等与诸男爵间之意见,使彼等永享太平之福,因此,余等愿再以下列保证赐予之。

  诸男爵得任意从国中推选男爵二十五人,此二十五人应尽力遵守,维护,同时亦使其余人等共同遵守余等所颁赐彼等,并以本宪章所赐予之和平与特权。其方法如下:如余等或余等之法官,管家吏或任何其他臣仆,在任何方面干犯任何人之权利,或破坏任何和平条款而为上述二十五男爵中之四人发觉时,此四人可即至余等之前——如余等不在国内时,则至余等之三官前,——指出余等之错误,要求余等立即设法改正。自错误指出之四十日内,如余等,或余等不在国内时,余等之法官不顾改正此项错误,则该四人应将此事取决于其余男爵,而此二十三男爵即可联合全国人民,共同使用其权力,以一切方法向余等施以抑制与压力,诸如夺取余等之城堡、土地与财产等等,务使此项错误终能依照彼等之意见改正而后已。但对余等及余等二王后与子女之人身不得加以侵犯。错误一经改正,彼等即应与余等复为君臣如初。国内任何人如欲按上述方法实行,应宣誓服从前述男爵二十五人之命令,并尽其全力与彼等共同向余等施以压力。余等兹特公开允许任何人皆可作上述宣誓,并允许永不阻止任何人宣誓。国内所有人民,纵其依自己之意志,不愿对该二十五男爵宣誓以共同向余等施用压力者,余等亦应以命令令之宣誓。如上述二十五男爵中有任何人死亡,离国或因故不能执行上述职务时,其余男爵应依己意自其他男爵中推选另外之人代之,其宣誓方法与上述诸人同。此外,上述二十五男爵于受托执行任务时,倘在出席讨论中关于某些事件发生争端,或有某些男爵被召请后,不愿或不能出席时,则出席男爵过半数之决定,或宣布之方案,应被视为合法且具有约束力,一如二十五人全体出席所议决者同。上述二十五男爵应宣誓对前列各项竭诚遵守,并尽力使其余人遵守之,而余等亦不得由自己或通过他人自任何人取得任何物品致使上列诸权利与自由废止或削减。如有此项取得之物,应视同无效与非法,余等自己不得加以利用,亦不得通过别人加以利用。

  (62)自斗争开始以来,余等之僧俗臣民与余等之间所发生之一切敌意,愤怒与仇恨,余等已予宽恕并赦宥之,此外,自本朝第十六年复活节起,至和平重建之日止,一切僧俗人民所犯之一切罪过,余等亦已加以宽恕并赦宥之。关于上述各项让步与诺言,余等兹任命坎特伯里大主教斯提芬勋爵,杜伯林大主教亨利勋爵及前述诸主教与班达尔夫君共同草拟敕令以昭信守。

  (63)余等即以此敕令欣然而坚决昭告全国:英国教会应享自由,英国臣民及其子孙后代,将如前述,自余等及余等之后嗣在任何事件与任何时期中,永远适当而和平,自由而安静,充分而全然享受上述各项自由,权剂与让与,余等与诺男爵惧已宣誓,将以忠信与善意遵守上述各条款。上列诸人及其他多人当可为证。

人权宣言

即《人权和公民权宣言》,1789年8月26日法国制宪国民会议颁布颁布,是在法国大革命时期颁布的纲领性文件。宣告了人权、法治、自由、分权、平等和保护私有财产等基本原则。

序言

组成国民会议的法兰西人民的代表们,相信对于人权的无知、忽视与轻蔑乃是公共灾祸与政府腐化的唯一原因,乃决定在一个庄严的宣言里,呈现人类自然的、不可让渡的与神圣的权利,以便这个永远呈现于社会所有成员之前的宣言,能不断地向他们提醒他们的权利与义务;以便立法权与行政权的行动,因能随时与所有政治制度的目标两相比较,从而更受尊重;以便公民们今后根据简单而无可争辩的原则所提出的各种要求,总能导向宪法的维护和导向全体的幸福。
因此,国民会议在上帝面前及其庇护之下,承认并且宣布如下的人权和公民权。

正文

第一条 人生来就是而且始终是自由的,在权利方面一律平等。社会差别只能建立在公益基础之上。
第二条 一切政治结合均旨在维护人类自然的和不受时效约束的权利。这些权利是自由、财产、安全与反抗压迫。
第三条 整个主权的本原根本上乃存在于国民(La Nation)。任何团体或任何个人皆不得行使国民所未明白授予的权力。
第四条 自由是指能从事一切无害于他人的行为;因此,每一个人行使其自然权利,只以保证社会上其他成员能享有相同的权利为限制。此等限制只能以法律决定之。
第五条 法律仅有权禁止有害于社会的行为。凡未经法律禁止的行为即不得受到妨碍,而且任何人都不得被强制去从事法律所未要求的行为。
第六条 法律是公意(la volonté générale)的表达。每一个公民皆有权亲自或由其代表去参与法律的制订。法律对于所有的人,无论是施行保护或是惩罚都是一样的。在法律的眼里一律平等的所有公民皆能按照他们的能力平等地担任一切公共官职、职位与职务,除他们的德行和才能以外不受任何其他差别。
第七条 除非在法律所确定情况下并按照法律所规定的程序,任何人均不受控告、逮捕与拘留。凡请求发布、传送、执行或使人执行任何专断的命令者,皆应受到惩罚;但任何根据法律而被传唤或逮捕的公民则应当立即服从,抗拒即属犯罪。
第八条 法律只应设立确实必要和明显必要的刑罚,而且除非根据在犯法前已经通过并且公布的法律而合法地受到惩处,否则任何人均不应遭受刑罚。
第九条 所有人直到被宣告有罪之前,均应被推定为无罪,而即使判定逮捕系属必要者,一切为羁押人犯身体而不必要的严酷手段,都应当受到法律的严厉制裁。
第十条 任何人不应为其意见甚至其宗教观点而遭到干涉,只要它们的表达没有扰乱法律所建立的公共秩序。
第十一条 自由交流思想与意见乃是人类最为宝贵的权利之一。因此,每一个公民都可以自由地言论、著作与出版,但应在法律规定的情况下对此项自由的滥用承担责任。
第十二条 人权和公民权的保障需要公共的武装力量。这一力量因此是为了全体的福祉而不是为了此种力量的受任人的个人利益而设立的。
第十三条 为了公共武装力量的维持和行政的开支,公共赋税是不可或缺的。赋税应在全体公民之间按其能力平等地分摊。
第十四条 所有公民都有权亲身或由其代表决定公共赋税的必要性,自由地加以批准,知悉其用途,并决定税率、税基、征收方式和期限。
第十五条 社会有权要求一切公务人员报告其行政工作。
第十六条 一切社会,凡权利无保障或分权未确立,均无丝毫宪法之可言。
第十七条 财产是不可侵犯与神圣的权利,除非合法认定的公共需要对它明白地提出要求,同时基于公正和预先补偿的条件,任何人的财产皆不可受到剥夺。

Declaration of the Rights of Man and of Citizens by The National Assembly of France

英文版(潘恩(Thomas Paine)《人权论》)

The representatives of the people of FRANCE, formed into a NATIONAL ASSEMBLY, considering that ignorance, neglect, or contempt of human rights, are the sole causes of public misfortunes and corruptions of Government, have resolved to set forth in a solemn declaration, these natural, imprescriptible, and inalienable rights: that this declaration being constantly present to the minds of the members of the body social, they may be forever kept attentive to their rights and their duties; that the acts of the legislative and executive powers of Government, being capable of being every moment compared with the end of political institutions, may be more respected; and also, that the future claims of the citizens, being directed by simple and incontestable principles, may always tend to the maintenance of the Constitution, and the general happiness.
For these reasons the NATIONAL ASSEMBLY doth recognize and declare, in the presence of the Supreme Being, and with the hope of his blessing and favor, the following sacred rights of men and of citizens:

One: Men are born, and always continue, free and equal in respect of their rights. Civil distinctions, therefore, can be founded only on public utility.
Two: The aim of all political associations is the preservation of the natural and imprescriptible rights of man; and these rights are liberty, property, security, and resistance of oppression.

Three: The nation is essentially the source of all sovereignty; nor can any individual, or any body of men, be entitled to any authority which is not expressly derived from it.
Four: Political liberty consists in the power of doing whatever does not injure another. The exercise of the natural rights of every man, has no other limits than those which are necessary to secure to every other man the free exercise of the same rights; and these limits are determinable only by the law.
Five: The law ought to prohibit only actions hurtful to society. What is not prohibited by the law should not be hindered; nor should anyone be compelled to that which the law does not require.

Six: The law is an expression of the will of the community. All citizens have a right to concur, either personally or by their representatives, in its formation. It should be the same to all, whether it protects or punishes; and all being equal in its sight, are equally eligible to all honors, places, and employments, according to their different abilities, without any other distinction than that created by their virtues and talents.

Seven: No man should be accused, arrested, or held in confinement, except in cases determined by the law, and according to the forms which it has prescribed. All who promote, solicit, execute, or cause to be executed, arbitrary orders, ought to be punished, and every citizen called upon, or apprehended by virtue of the law, ought immediately to obey, and renders himself culpable by resistance.
Eight: The law ought to impose no other penalties but such as are absolutely and evidently necessary; and no one ought to be punished, but in virtue of a law promulgated before the offence, and legally applied.
Nine: Every man being presumed innocent till he has been convicted, whenever his detention becomes indispensable, all rigor to him, more than is necessary to secure his person, ought to be provided against by the law.

Ten: No man ought to be molested on account of his opinions, not even on account of his religious opinions, provided his avowal of them does not disturb the public order established by the law.

Eleven: The unrestrained communication of thoughts and opinions being one of the most precious rights of man, every citizen may speak, write, and publish freely, provided he is responsible for the abuse of this liberty, in cases determined by the law.

Twelve: A public force being necessary to give security to the rights of men and of citizens, that force is instituted for the benefit of the community and not for the particular benefit of the persons to whom it is intrusted.
Thirteen: A common contribution being necessary for the support of the public force, and for defraying the other expenses of government, it ought to be divided equally among the members of the community, according to their abilities.

Fourteen: Every citizen has a right, either by himself or his representative, to a free voice in determining the necessity of public contributions, the appropriation of them, and their amount, mode of assessment, and duration.
Fifteen: Every community has a right to demand of all its agents an account of their conduct.
Sixteen: Every community in which a separation of powers and a security of rights is not provided for, wants a constitution.
Seventeen: The right to property being inviolable and sacred, no one ought to be deprived of it, except in cases of evident public necessity, legally ascertained, and on condition of a previous just indemnity.

THE DECLARATION OF INDEPENDENCE
独立宣言

In Congress, July 4, 1776,大陆会议(一七七六年七月四日)

THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA
美利坚合众国十三个州一致通过的宣言

When in the Course of human events, it becomes necessary for one people to dissolve the political bonds which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
在有关人类事务的发展过程中,当一个民族必须解除其和另一个与之有关的民族之间的政治联系,并在世界各国之间,接受自然法则和自然界的造物主的旨意赋予的独立和平等的地位时,出于对人类舆论的尊重,必须把他们不得不独立的原因予以宣布。
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.
我们认为这些真理是不言而喻的:人人生而平等,造物者赋予他们若干不可剥夺的权利,其中包括生命权、自由权和追求幸福的权利。
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.
为了保障这些权利,人类才在他们之间建立政府,而政府之正当权力,是经被治理者的同意而产生的。
That whenever any form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience has shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

当任何形式的政府对这些目标具破坏作用时,人民便有权力改变或废除它,以建立一个新的政府;其赖以奠基的原则,其组织权力的方式,务使人民认为唯有这样才最可能获得他们的安全和幸福。为了慎重起见,成立多年的政府,是不应当由于轻微和短暂的原因而予以变更的。过去的一切经验也都说明,任何苦难,只要是尚能忍受,人类都宁愿容忍,而无意为了本身的权益便废除他们久已习惯了的政府。但是,当追逐同一目标的一连串滥用职权和强取豪夺发生,证明政府企图把人民置于专制统治之下时,那么人民就有权利,也有义务推翻这个政府,并为他们未来的安全建立新的保障。

Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

这就是这些殖民地过去逆来顺受的情况,也是它们不得不改变政府制度的原因。大不列颠国在位国王的历史,是接连不断的伤天害理和强取豪夺的历史,这些暴行的唯一目标,就是想在这些州建立专制的暴政。为了证明所言属实,现把下列事实向公正的世界宣布。

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

他拒绝批准对公众利益最有益、最必要的法律。

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

他禁止他的总督们批准迫切而极为必要的法律,要不就把这些法律搁置起来暂不生效,等待他的同意;而一旦这些法律被搁置起来,他对它们就完全置之不理。

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

他拒绝批准便利广大地区人民的其它法律,除非那些人民情愿放弃自己在立法机关中的代表权;但这种权利对他们有无法估量的价值,而且只有暴君才畏惧这种权利。

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

他把各州立法团体召集到异乎寻常的、极为不便的、远离他们档案库的地方去开会,唯一的目的是使他们疲于奔命,不得不顺从他的意旨。

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

他一再解散各州的议会,因为它们以无畏的坚毅态度反对他侵犯人民的权利。

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

他在解散各州议会之后,又长期拒绝另选新议会;但立法权是无法取消的,因此这项权力仍由一般人民来行使。其实各州仍然处于危险的境地,既有外来侵略之患,又有发生内乱之忧。

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws of Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands .

他竭力抑制我们各州增加人口;为此目的,他阻挠外国人入籍法的通过,拒绝批准其它鼓励外国人移居各州的法律,并提高分配新土地的条件。

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
他拒绝批准建立司法权力的法律,藉以阻挠司法工作的推行。

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
他把法官的任期、薪金数额和支付,完全置于他个人意志的支配之下。

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.
他建立新官署,派遣大批官员,骚扰我们人民,并耗尽人民必要的生活物质。

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

他在和平时期,未经我们的立法机关同意,就在我们中间维持常备军。

He has affected to render the Military independent of and superior to the Civil power.
他力图使军队独立于民政之外,并凌驾于民政之上。
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
他同某些人勾结起来把我们置于一种不适合我们的体制且不为我们的法律所承认的管辖之下;他还批准那些人炮制的各种伪法案来达到以下目的:
For quartering large bodies of armed troops among us:
在我们中间驻扎大批武装部队;
For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States:
用假审讯来包庇他们,使他们杀害我们各州居民而仍然逍遥法外;
For cutting off our Trade with all parts of the world:
切断我们同世界各地的贸易;
For imposing Taxes on us without our Consent:
未经我们同意便向我们强行征税;
For depriving us in many cases, of the benefits of Trial by Jury:
在许多案件中剥夺我们享有陪审制的权益;
For transporting us beyond Seas to be tried for pretended offences:
罗织罪名押送我们到海外去受审;
For abolishing the free System of English Laws in a neighboring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
在一个邻省废除英国的自由法制,在那里建立专制政府,并扩大该省的疆界,企图把该省变成既是一个样板又是一个得心应手的工具,以便进而向这里的各殖民地推行同样的极权统治;
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the forms of our Governments:
取消我们的宪章,废除我们最宝贵的法律,并且根本上改变我们各州政府的形式;
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

中止我们自己的立法机关行使权力,宣称他们自己有权就一切事宜为我们制定法律。
He has abdicated Government here, by declaring us out of his Protection and waging War against us.

他宣布我们已不属他保护之列,并对我们作战,从而放弃了在这里的政务。

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the Lives of our people.

他在我们的海域大肆掠夺,蹂躏我们沿海地区,焚烧我们的城镇,残害我们人民的生命。

He is at this time transporting large armies of foreign mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

他此时正在运送大批外国佣兵来完成屠杀、破坏和肆虐的老勾当,这种勾当早就开始,其残酷卑劣甚至在最野蛮的时代都难以找到先例。他完全不配作为一个文明国家的元首。
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
他在公海上俘虏我们的同胞,强迫他们拿起武器来反对自己的国家,成为残杀自己亲人和朋友的刽子手,或是死于自己的亲人和朋友的手下。
He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
他在我们中间煽动内乱,并且竭力挑唆那些残酷无情、没有开化的印第安人来杀掠我们边疆的居民;而众所周知,印第安人的作战律令是不分男女老幼,一律格杀勿论的。
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
在这些压迫的每一阶段中,我们都是用最谦卑的言辞请愿改善;但屡次请求所得到的答复是屡次遭受损害。一个君主,当他的品格已打上了暴君行为的烙印时,是不配做自由人民的统治者的。
Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpation, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
我们不是没有注意我们英国的弟兄。我们时常提醒他们,他们的立法机关企图把无理的管辖权横加到我们的头上。我们也曾把我们移民出这里和在这里定居的情形告诉他们。我们曾经向他们天生的正义感和雅量呼吁,我们恳求他们念在同种同宗的份上,弃绝这些掠夺行为,以免影响彼此的关系和往来。但是他们却对于这种正义和血缘的呼声一直充耳不闻。因此,我们实在不得不宣布和他们脱离,并且以对待世界上其它民族一样的态度对待他们:战即为敌;和则为友。
We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
因此,我们,在大陆会议上集会的美利坚合众国代表,以各殖民地善良人民的名义并经他们授权,向全世界最崇高的正义呼吁,说明我们的严正意向,同时郑重宣布;这些联合的殖民地是而且有权成为自由和独立的国家,它们取消一切对英国王室效忠的义务,它们和大不列颠国家之间的一切政治关系从此全部断绝,而且必须断绝;作为自由独立的国家,它们完全有权宣战、缔和、结盟、通商和独立国家有权去做的一切行动。为了支持这篇宣言,我们坚决信赖上帝的庇佑,以我们的生命、我们的财产和我们神圣的名誉,彼此宣誓。

世界人权宣言(1948——2018 )

序 言

鉴于对人类家庭所有成员的固有尊严及其平等的和不移的权利的承认,乃是世界自由、正义与和平的基础,鉴于对人权的无视和侮蔑已发展为野蛮暴行,这些暴行玷污了人类的良心,而一个人人享有言论和信仰自由并免予恐惧和匮乏的世界的来临,已被宣布为普通人民的最高愿望,

鉴于为使人类不致迫不得已铤而走险对暴政和压迫进行反叛,有必要使人权受法治的保护,鉴于有必要促进各国间友好关系的发展,鉴于各联合国国家的人民已在联合国宪章中重申他们对基本人权、人格尊严和价值以及男女平等权利的信念,并决心促成较大自由中的社会进步和生活水平的改善,鉴于各会员国业已誓愿同联合国合作以促进对人权和基本自由的普遍尊重和遵行,鉴于对这些权利和自由的普遍了解对于这个誓愿的充分实现具有很大的重要性,因此,大会发布这一世界人权宣言,作为所有人民和所有国家努力实现的共同标准,以期每一个人和社会机构经常铭念本宣言,努力通过教诲和教育促进对权利和自由的尊重,并通过国家的和国际的渐进措施,使这些权利和自由在各会员国本身人民及在其管辖下领土的人民中得到普遍和有效的承认和遵行。

主要条款

第一条 人人生而自由,在尊严和权利上一律平等。他们赋有理性和良心,并应以兄弟关系的精神相对待。
第二条 人人有资格享有本宣言所载的一切权利和自由,不分种族、肤色、性别、语言、宗教、政治或其他见解、国籍或社会出身、财产、出生或其他身分等任何区别。
并且不得因一人所属的国家或领土的政治的、行政的或者国际的地位之不同而有所区别,无论该领土是独立领土、托管领土、非自治领土或者处于其他任何主权受限制的情况之下。
第三条 人人有权享有生命、自由和人身安全。
第四条 任何人不得使为奴隶或奴役;一切形式的奴隶制度和奴隶买卖,均应予以禁止。
第五条 任何人不得加以酷刑,或施以残忍的、不人道的或侮辱性的待遇或刑罚。
第六条 人人在任何地方有权被承认在法律前的人格。
第七条 法律之前人人平等,并有权享受法律的平等保护,不受任何歧视。人人有权享受平等保护,以免受违反本宣言的任何歧视行为以及煽动这种歧视的任何行为之害。

第八条 任何人当宪法或法律所赋予他的基本权利遭受侵害时,有权由合格的国家法庭对这种侵害行为作有效的补救。

第九条 任何人不得加以任意逮捕、拘禁或放逐。

第十条 人人完全平等地有权由一个独立而无偏倚的法庭进行公正的和公开的审讯,以确定他的权利和义务并判定对他提出的任何刑事指控。
第十一条 一 、凡受刑事控告者,在未经获得辩护上所需的一切保证的公开审判而依法证实有罪以前,有权被视为无罪。二 、任何人的任何行为或不行为,在其发生时依国家法或国际法均不构成刑事罪者,不得被判为犯有刑事罪。刑罚不得重于犯罪时适用的法律规定。

第十二条 任何人的私生活、家庭、住宅和通信不得任意干涉,他的荣誉和名誉不得加以攻击。人人有权享受法律保护,以免受这种干涉或攻击。

第十三条 一、 人人在各国境内有权自由迁徙和居住。二、 人人有权离开任何国家,包括其本国在内,并有权返回他的国家。

第十四条 一 、人人有权在其他国家寻求和享受庇护以避免迫害。二、在真正由于非政治性的罪行或违背联合国的宗旨和原则的行为而被起诉的情况下,不得援用此种权利。

第十五条 一、人人有权享有国籍。二、 任何人的国籍不得任意剥夺,亦不得否认其改变国籍的权利。
第十六条 一、 成年男女,不受种族、国籍或宗教的任何限制有权婚嫁和成立家庭。他们在婚姻方面,在结婚期间和在解除婚约时,应有平等的权利。二、 只有经男女双方的自由和完全的同意,才能缔婚。三、 家庭是天然的和基本的社会单元,并应受社会和国家的保护。

第十七条 一 、人人得有单独的财产所有权以及同他人合有的所有权。二 、任何人的财产不得任意剥夺。

第十八条 人人有思想、良心和宗教自由的权利;此项权利包括改变他的宗教或信仰的自由,以及单独或集体、公开或秘密地以教义、实践、礼拜和戒律表示他的宗教或信仰的自由。

第十九条 人人有权享有主张和发表意见的自由;此项权利包括持有主张而不受干涉的自由,和通过任何媒介和不论国界寻求、接受和传递消息和思想的自由。

第二十条 一 、人人有权享有和平集会和结社的自由。二、 任何人不得迫使隶属于某一团体。

第二十一条 一、 人人有直接或通过自由选择的代表参与治理本国的权利。二、 人人有平等机会参加本国公务的权利。三 、人民的意志是政府权力的基础;这一意志应以定期的和真正的选举予以表现,而选举应依据普遍和平等的投票权,并以不记名投票或相当的自由投票程序进行。
第二十二条 每个人,作为社会的一员,有权享受社会保障,并有权享受他的个人尊严和人格的自由发展所必需的经济、社会和文化方面各种权利的实现,这种实现是通过国家努力和国际合作并依照各国的组织和资源情况。
第二十三条 一、 人人有权工作、自由选择职业、享受公正和合适的工作条件并享受免于失业的保障。二、 人人有同工同酬的权利,不受任何歧视。三、 每一个工作的人,有权享受公正和合适的报酬,保证使他本人和家属有一个符合人的生活条件,必要时并辅以其他方式的社会保障。四、 人人有为维护其利益而组织和参加工会的权利。
第二十四条 人人有享有休息和闲暇的权利,包括工作时间有合理限制和定期给薪休假的权利。
第二十五条 一、 人人有权享受为维持他本人和家属的健康和福利所需的生活水准,包括食物、衣着、住房、医疗和必要的社会服务;在遭到失业、疾病、残废、守寡、衰老或在其他不能控制的情况下丧失谋生能力时,有权享受保障。二、 母亲和儿童有权享受特别照顾和协助。一切儿童,无论婚生或非婚生,都应享受同样的社会保护。
第二十六条 一、 人人都有受教育的权利,教育应当免费,至少在初级和基本阶段应如此。初级教育应属义务性质。技术和职业教育应普遍设立。高等教育应根据成绩而对一切人平等开放。二 、教育的目的在于充分发展人的个性并加强对人权和基本自由的尊重。教育应促进各国、各种族或各宗教集团间的了解、容忍和友谊,并应促进联合国维护和平的各项活动。三、 父母对其子女所应受的教育的种类,有优先选择的权利。
第二十七条 一 、人人有权自由参加社会的文化生活,享受艺术,并分享科学进步及其产生的福利。二 、人人对由于他所创作的任何科学、文学或美术作品而产生的精神的和物质的利益,有享受保护的权利。
第二十八条 人人有权要求一种社会的和国际的秩序,在这种秩序中,本宣言所载的权利和自由能获得充分实现。
第二十九条 一 、人人对社会负有义务,因为只有在社会中他的个性才可能得到自由和充分的发展。二 、人人在行使他的权利和自由时,只受法律所确定的限制,确定此种限制的唯一目的在于保证对旁人的权利和自由给予应有的承认和尊重,并在一个民主的社会中适应道德、公共秩序和普遍福利的正当需要。三 这些权利和自由的行使,无论在任何情形下均不得违背联合国的宗旨和原则。
第三十条 本宣言的任何条文,不得解释为默许任何国家、集团或个人有权进行任何旨在破坏本宣言所载的任何权利和自由的活动或行为。

The Universal Declaration of Human Rights Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Article 1.All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.Everyone has the right to life, liberty and security of person.
Article 4.No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6. Everyone has the right to recognition everywhere as a person before the law.
Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9. No one shall be subjected to arbitrary arrest, detention or exile.
Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11. (1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. (2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
rticle 13. (1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution. (2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.(1) Everyone has the right to a nationality. (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses.(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.(1) Everyone has the right to own property alone as well as in association with others.(2) No one shall be arbitrarily deprived of his property.
Article 18.Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.(1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association.
Article 21.(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.(2) Everyone has the right of equal access to public service in his country.(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.(2) Everyone, without any discrimination, has the right to equal pay for equal work.(3) Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28.Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.


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