Chapter 39 of the Magna Carta in the Interpretation of Russian Historians Alexander N. Savin and Paul G. Vinogradoff

Abstract

The analysis of interpretations of chapter 39 of the Magna Carta proposed by two prominent Russian historians A. N. Savin and P. G. Vinogradov is carried out. It is shown that, although the editors of the Magna Carta of 1225 were of great importance in the constitutional development of England, the authors used the edition of 1215. It is noted that A. N. Savin was interested in the social realities hidden behind the words and formulas of chapter 39: in his opinion, the article reflected the interests of the baronial opposition of the royal power, the feudal lords under “free” meant themselves and wanted to fix guarantees against arbitrariness, while one of instruments to protect the rights and privileges of tycoons was to become a class court - the “court of equals”, or “the court of peers”. The opinion of another historian, P. G. Vinograd, who focused on the adaptive capabilities of chapter 39 of the Magna Charter, is presented: the term free , which in this article refers to barons, was later transferred to other categories of the population, including the Villans; the term country law , which means “customs and laws”, later came to mean “legality, and the further interpretation of "legality” and “law” led to the king’s prerogative of arbitrary arrests being more and more perceived as an exception, but not a rule.