simple mechanical process, on the contrary, the essence of English freedom and English establishment changed under the influence of the latest conditions of the national life [57] .the subsequent in practice of protection of the right of personal freedom great distribution has got the order of Habeas Corpus. It is not known when and under what circumstances there happened the occurrence of the given order. However in the first half of the XV centuries it was often applied. Originally it was applied as the means of restoration of freedom violated by private persons, but a since the times of Henry VII (1485-1509) it began to be applied in events of imprisonment of representatives of authorities [58]. Later the order of Habeas Corpus was applied more often, and in the epoch of Charles I it already was the recognized constitutional means of protection of personal freedom.essence of the procedure of Habeas Corpus was that everyone, considering imprisoned incorrectly or illegally, could apply in the court of the Royal Bench (Such order existed up to edition of Habeas Corpus Act in 1 679) and to apply about delivery to him of the order of Habeas Corpus. The given order directed by the court to the person (private or official), detained the applicant, so that it delivered the later in court. Thus the given person should inform the court about particularities on time, about the reasons of capture under arrest and the further detention of the applicant. The court immediately started the consideration of the circumstances of the case by way of the reduced legal proceedings and further determined, whether the given person was subjected to full and unconditional clearing, or could be released under the guarantee, or should be sent back in imprisonment.is necessary to notice, that such system of guarantees of personal freedom of citizens did not have general character and up to the edition of the Act about the better maintenance of freedom of the citizen and about prevention of imprisonment abroad (1 679) the delivery of the order of Habeas Corpus was in full dependence on discretion of judges.following major step in maintenance of the rights of the person in England was the adoption of the Petition about rights, - the law belonging to the number of some acts, on which the English constitutional law was based, and which was named by lord Chatham of one of the three parts of The Bible (the Constitution; the two others - the Great Charter and the Bill of rights 1689) [59]. In particular, in relation to personal freedom the principal value of the given act was determined by the recognition of illegality of any withdrawals and exceptions of the general lawful order of imprisonment, even these withdrawals were made in the name of the supreme executive power - the king and his nearest advisers, members of the Secret council. This important principle has received in the Petition the final sanction and since then has not been exposed to contest.concept of the natural rights for the first time was legislatively fixed by the English parliament in the Bill of rights of 1689. However neither in nor other legislative monuments of England we can find mentioning of any born and natural rights of the person. The bill of rights in details listed the political rights both of the parliament, and of separate citizens, and was in essence the peace treaty which has put the last point in the long and persistent struggle between the royal authority and the parliament.rights of personal and public freedom have arisen in the struggle against universal police authority of the absolute state. This struggle for the first time has arisen on Anglo-Saxon ground where at the Tudors and the first Stewarts the police power of the state has reached its blossoming. The creator of the rights of freedom is the revolution of puritans; these rights have been proclaimed in Article 8 Agreement of the People raquo ;. In New England these rights have received the further development. The representation that each Englishman has the known born rights ( birth rights ) has been transferred by them from the native land. Under the influence of such English theorists, as M. Heil and J. Lock, they have come to belief that these initial rights of the Englishman had existed even before occurrence of the state communication, that they belonged to the person in the natural condition, and that therefore each legislator should consider them inalienable rights.the continental Europe and England, positively-legal fixing of rights and freedom in Northern America has begun already at the level of the constituent documents which determined the status of the corresponding British colonies. It is well-known, that history of North American states begins from the event of formation in 1 606 of the first English colony in Virginia. Thus, already in the Charter (1 606), presented by the king of the Virginia trading company, there has been written down, th...
