at the inhabitants of the colony and their descendants should fully enjoy all the existing in all other possession, privileges and inviolability as if they lived or were born in the kingdom of England or in any other possessions [60]. The similar guarantees also contained in other colonial charters, for example, of the states of Massachusetts (1629), Maryland (1632), Maine (1639, тисяча шістсот шістьдесят чотири and 1674), Connecticut (+1663), Rhode Island (+1663), Carolina (+1665 ), Pennsylvania (1 681) and the Massachusetts gulf (1691) [61] .1641 in Massachusetts there was adopted the so-called Body of Liberties laquo ;. Prepared by one of few experts on the English law N. Ward, this body of liberties gave the wide list of freedoms stipulated by the general law and the Great charter of liberties: equality of all before the law, the right to fair trial by the jury, the principle of competitiveness in the criminal trial, the right of freedom in movement, the right to lawyer protection, guarantee of the right of appeal. Besides in the Body of Liberties тисяча шістсот сорок одна there was stipulated the guarantee from severe and barbarous punishment, which became the norm of the English law only in 1689. And in 1648 there was adopted the Body of Liberties ( Laws and Liberties ), which reproduced even more in details liberties of Body of Liberties" of один тисяча шістсот сорок одна and which became the model for composers of the laws in other colonies. So, at the end of XVII century in Pennsylvania there was created the effective system of protection of the individual rights and freedoms.
constitution person right freedom
Soon The Pennsylvania charter of privileges (1701) proclaimed the freedom of worship which was understood as the freedom of any creeds, the right of all Christians to occupy the state posts, the right to lawyer protection and the giving of testimony to own advantage for all accused in commitment of criminal offences. The charter also fixed the right of the population to elect unicameral assembly which could prepare and offer bills, to pass laws, to assort complaints and to have other powers and privileges according to the rights of freely born British citizens and usual deeds, existing in other royal possessions in America., by the beginning of the American Revolution in the states there had developed the certain tradition of political and legal culture, was clearly realized the necessity, on the one hand, of clearing from under the influence of the British empire, and on the other - the declaration of the natural, inalienable rights of the person. Accordingly there were developed own political and legal ideas and values. The wide circulation there got ideas of the natural origin of human rights, equality, contractual origin of the state, recognition of the rights and freedoms of the citizens, division of authorities, people's sovereignty, representative democracy, freedom of private business and some other. The recognition of born and inalienable rights and freedoms of the person proceeding from the human nature, gave the theoretical base for the conclusion that the state can not break them; moreover, it is obliged to protect them. Otherwise the justified was proclaimed the struggle against the government violating the rights of the person .. Ellineck quite fairly noted: During the XVIIIth century the natural-legal theories in connection with political and social relations which have found out groundlessness of many from then existed restrictions of individual freedom, generate in America the representation about the significant number of general rights of freedom which as the conditions of introduction of the individual in the state are for the later inviolable: the state has the right to warn only abusing them [62]. Actually, by the time of separating of North American colonies from the mother country representation about these initial rights existing already up to the introduction of the individual in the state union and directly recognized by the state order, played rather significant role. Being exempted from the English domination, the colonies were convinced, that they did not make revolt but only protected their rights. The Constitutions of the colonies which achieved sovereignty, first of all the Constitution of Virginia, began with bills or declarations of the rights which, by their authors, should comprise the brief code of all legal claims of the individual in relation to the government.is necessary to note, that at early stages of development of North American colonies of the idea of ??rights and freedoms carried a strongly religious shade [63], and only in the course of time they began to be based on the theory of voluntary agreement of people , or the agrimentary theory.of the earliest declarations of human rights is contained in The General Fundamentals of New Plymouth (1 671) i...
