Russkaya Pravda
Encyclopedia
Russkaya Pravda was the legal code
of Kievan Rus'
and the subsequent Rus' principalities during the times of feudal division.
In spite of great influence of Byzantine
legislation on the contemporary world, and in spite of great cultural and commercial ties between Byzantium
and Rus', the Russkaya Pravda bear no similarity whatever to those of the Byzantine Empire
. The laws of Rus' were more humane than the legislation of contemporary East European
states. The absence of capital
and corporal
punishment rather reflects the Norse
way of thought.
Three recensions of "RP" are known: the Short Edition (Kratkaya), the Vast Edition (Prostrannaya), and the Abridged Edition (Sokrashchennaya). Over 110 extant copies dating from the 13th to the 18th centuries are preserved, included in various manuscripts: chronicles and compilations. Of these, over 100 copies, including the oldest preserved, are of the Vast Edition.
This code was discovered by the historian Vasily Tatischev in the text of one of the Novgorod chronicles and brought to the attention of the Russian Academy of Sciences
in 1738. The first commented edition of the text was published by August Ludwig von Schlözer
in 1767.
usage) as well as "Russkaia Pravda" or "Russkaya Pravda" (which correspond to the modern Russian
usage) are used in English language literature. There is a disagreement about the correct English spelling for the term: many Ukrainian historians and a few other scholars outside Russia consider the spelling "Rus'ka Pravda", to be more correct in terms of history.
The spelling debate centres on the interpretation of the word. While 'Russkaia' with two "S"s is easily understood and translated as 'Russian', the modern Ukrainian viewpoint implies that modern Russia and Rus' were different identities. This view is challenged by some linguists on the basis of the language used in the document who claim that spelling the word "Ruskiy" (Russian) with one S was commonplace at the time; in fact it is the prevalent for centuries after Ruskaya Pravda was written, and can be found in virtually all instances, both in Kiev
and Moscow
. An often quoted example is Ivan the Terrible's correspondence from the 16th century. Other linguists claim that the spelling with two s's only became more common in the 17th century, and only became standard after Lomonosov's Grammar was published in 1755.
The term is translated as "Justice of the Rus'", as in the Latin "ius russicum". One may also encounter the translation "Russian Truth", based on the modern meaning of the word "правда".
legislation, and legal proceedings represented the basis of “RP”.
The Short Edition of “RP” contains two apparently distinct parts, called by researchers “Pravda Yaroslava” (Yaroslav’s Truth, ca. 1017), otherwise known as “Drevneyshaya Pravda” (the Oldest Justice) of Yaroslav the Wise, and “Pravda Yaroslavichey” (Justice by Yaroslav’s sons, ca. 1054). Some indicate other distinct components of the text, possibly added later.
“Pravda Yaroslava” comprised legal regulations of feudal law along with the archaic regulations that could be traced back to the primitive communal system. According to a popular theory, it was promulgated in order to settle a conflict between Konstantin Dobrynich
, a posadnik
of Novgorod, and the Varangian population of the city.
Subsequent development and improvement of “RP” took place in times of Yaroslav’s sons and his grandson Vladimir Monomakh. New provisions are believed to have been added to “RP” after the revolts in Kiev
, Novgorod, and Rostov
-Suzdal
province in 1068-1071.
In Muskovy, the "RP" was replaced in 1497 by the “Sudebnik
”, the Code of Law. Several centuries earlier, new legal codes were promulgated in Pskov
and Novgorod.
’es soldiers, tiuns (“tiun”, a privileged servant of knyazs or boyars), starostas (“starosta
”, a representative from the low-ranking administration of a knyaz), otroks (“otrok”, a low-ranking soldier in the army of a knyaz) and other servants on their own territory. “Pravda Yaroslavichey” provided severe punishment for arson
, deliberate cattle mutilation
, and collective encroachment on rich people’s property
. After the 1113 Riot in Kiev, an exorbitant interest
law was introduced that limited financial operations of moneylender
s.
“RP” stabilized the system of feudal relations and social inequality. During 11th-13th centuries “RP” served the strengthening of feudal dependency of smerd
s (“smerd” – a feudal-dependent peasant), zakups (“zakup” - a feudal-dependent peasant, who could become free after paying off his “zakup”, a feudal loan
), kholop
s (“kholop” – a feudal-dependent peasant, who could be killed or sold like a slave) etc. The Vast Edition of “RP” contains special regulations with regards to the status of zakups and kholops. “RP” also reflects the role of the court of knyaz’, a trend towards increasing differentiation of punishments and penalties, larger fines for the benefit of knyaz’ or his administration with correspondingly decreasing compensation to the victims.
In an attempt to abolish blood feud
(that was quite common at that time), “RP” narrowed its “usage” and limited the number of avenger
s to the closest relatives of the dead. If there were no avengers on the victim’s side, the killer had to pay a fine (called “vira”) in favour of the knyaz’ and partial compensation to the relatives of the victim (the killer’s community had to help him pay his fine). If a woman were killed, one would have to pay half of the regular fine (called “poluvir’ye”, half of “vira”).
“RP” also defended the health and honour of the free members of the feudal society and had provisions about financial compensations for mutilation or an insult by word or deed. “RP” had a detailed system of punishments and penalties for larceny
in a city or countryside, deliberate damage to forests, hunting grounds or lands, trespassing etc. It also regulated debt
relations between individuals and contained articles of liability
and hereditary law. Under “RP”, legal proceedings included witness
es, use of oath
s or “ordaliy” (lat. ordalium, or “ordeal” in English, a kind of a last-resort test used to prove defendant’s innocence or guilt). The search for culprits included listening to witnesses, collecting evidence
, or hot pursuit
. Investigators had to check for false accusations, as well. These were the first steps towards forensic science.
1. If a man kills a man: then a brother avenges a brother, or a son avenges a father, or a cousin, or a nephew; if no one will take revenge, then 80 grivnas for the murdered; if he be a knyaz
’s man or knyaz’s official; but if he be a rusin, or a grid' (a lower-ranking druzhinnik), or a merchant, or a boyar
’s official, or a mechnik (swordsman), or an exile, or a slovenin (Novgorodian), then 40 grivnas for the murdered.
1. Убьет муж мужа, то мстит брат за брата, или сын за отца, или двоюродный брат, или племянник; если не будет никто мстить, то 80 гривен за убитого, если будет княжеский муж или княжеский управитель; если будет русин, или гридь, или купец, или боярский управитель, или мечник, или изгой, или словенин, то 40 гривен за убитого.
2. After Yaroslav
’s death there was another meeting between his sons Izyaslav
, Svyatoslav
and Vsevolod, and their men Kosnyachko, Pereneg, Nikofor, and they changed the blood revenge for a fine; and the rest of his sons asserted as Yaroslav
judged.
On murder…
3. If anyone murders a man in a rampage, and the villain is not being sought, then the community where the victim's head lies pays a vera (fee to the knyaz) of 80 grivnas; or be he a commoner, then 40 grivnas (note: this was a fortune; a horse cost two grivnas, and a serf 1/2 grivna).
4. Whichever community pays the common vera (i.e. the fee for the murderer they're hiding or cannot find), several years they shall have to pay that, as the members are paying without the murderer. But if the murderer is known to the community, they shall help him with the payments; but only pay up to 40 grivnas, and the murderer pays the rest, and also contributes to his community’s 40 grivnas. Or if he murdered by accident, or at a feast, he shall pay thus.
Thus shall be on the guilt of rampage.
5. If there be a murder and robbery with no reason, then people shall not pay for the murderer, but give him up with his wife and children, and his property will be plundered.
6. If a person does not contribute to the vera, then the people shall not help him (in the future); he shall pay for himself.
7. And such is the law for Yaroslav’s vera collector: the vera collector takes 7 buckets of hops per week, also sheep or a meat carcass or 2 nogata (1 nogata = 1/20th of grivna); and on a Wednesday cheese and a marten pelt; and the same on Friday; and give him two chickens per day; and seven breads per week; and seven measures of grain; and seven measures of peas; and seven measures of salt; this for a vera collector with a man; and for him 4 horses, which be given a measure of oats; for vera collector 8 grivnas and 10 kunas in fees, and for the pageboy 12 squirrel pelts; and a grivna when he goes away, and for each victim 3 grivnas.
(…)
Of knyaz’s man
9. If he be a boy, a stableboy, or a cook, then 40 grivnas
10. And for a caretaker, or a horse trainer, 80 grivnas
11. But for a village supervisor, or the field work supervisor, 12 grivnas. And for a serf, 5 grivnas. Same for boyar’s.
12. And for a tradesman and a tradeswoman, 12 grivnas.
13. And for a serf, 5 grvinas; for serf woman, 6 grivnas.
14. And for a teacher, 12, same for a nanny, whether they be serfs or women.
(…)
17. And if one is accused of murder, but there are no acceptable witnesses, there shall be trial by iron. Thus shall be done for all grievances or thievery, if the accuser cannot provide proof, and the grievance is for less than half of gold grivna, then give him a trial by iron in captivity; if the grievance is for less than that, but more than two silver grivnas, then trial by water; if it is even less, then he must make an oath.
(…)
The Law of Vladimir I of Kiev
48. Volodimer Vsevolodich, upon Svyatopolk’s death, gathered his druzhina
at Berestov: Ratibor of Kiev
the general; Prokopiy of Belgorod
the general; Stanislav of Pereyaslavl the general; Nazhir; Miroslav; Ivanok son of Chudin boyar
of Oleg
; and they set thus: to collect interest only until the third payment, if the lender takes the payments “in threes” (three payments of one half the debt each); if one takes from the debtor two shares, he can ask for the full debt then; but if he collected three shares, then will not ask for the full sum.
49. And if one takes from the debtor 10 marten pelts per year on each grivna (20% APR), that is allowed.
(…)
If a debtor escapes
52. If a debtor escapes from master, then a serf; but if he goes to search for money with his master’s permission, or goes to the knyaz with a complaint against his master, then won’t be made a serf, but be given a trial.
(…)
On debtors
57. If a debtor steals something, the master is in his right; when the debtor is caught the master may reimburse the victim for his horse or whatever else, and makes the debtor his serf; or if the master does not want to reimburse, then he may sell his debtor into serfdom, and reimburse the victim from that, and keep the rest.
(…)
On witnesses
59. A serf may not be a witness; but if there are no free witnesses, then a serf caretaker may bear witness, but any others may not. And for minor cases a debtor may be a witness.
(…)
65. If one violates land borders, or works somebody else’s land, or puts a fence on somebody else’s land, then he’ll pay 12 grivnas to the knyaz.
69. And if he steels bees, then 3 grivnas to the knyaz; and for the honey, if the beehive was full, 10 marten pelts to the victim; but if an empty hive then 5 marten pelts.
On serfs
71. If a serf tortures a serf without orders from the knyaz, then pays 3 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering.
72. But if he tortures a knyaz’s man, then 12 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering.
(…)
On barns
79. If a barn is burned, then the victim’s house and property is plundered, after the damage is repaid, and for the rest he’ll be a serf to the knyaz; same for burning of houses.
80. And if one intentionally cuts a horse or other cattle, then he’ll pay 12 grivnas to the knyaz, and also repay the victim for the damages.
(…)
If a serf dies
85. If a serf dies, then his property goes to the knyaz; if he has unmarried daughters then some of the property will be given to them for dowry; if all his daughters are married than they don’t get it.
On deaths of boyar
s or druzhina
86. If a boyar
or a druzhina
member dies, then his property does not go to the knyaz; and if he had no sons, then the inheritance goes to his daughters.
(…)
On serfdom
102. There are three types of serfdom: one buys a serf for up to half a grivna before witnesses, and gives a nogata to the judge before the serf.
103. A second serfdom: if one marries a serf woman without her master’s agreement; if he marries with agreement, then whatever they decide with the master, thus he shall be.
104. And this is the third serfdom: if one acts as someone’s official or servant without the master’s knowledge; if there is an agreement, then whatever they decide, thus he shall be. If he takes the master’s tasks, he’s his servant.
105. But for a debt of grain, one will not become a serf; but if he does not work it off in time, then he must repay it at once; but if he repays in full before the due date, he’s free.
Legal code
A legal code is a body of law written by a governmental body, such as a U.S. state, a Canadian Province or German Bundesland or a municipality...
of Kievan Rus'
Kievan Rus'
Kievan Rus was a medieval polity in Eastern Europe, from the late 9th to the mid 13th century, when it disintegrated under the pressure of the Mongol invasion of 1237–1240....
and the subsequent Rus' principalities during the times of feudal division.
In spite of great influence of Byzantine
Byzantine Empire
The Byzantine Empire was the Eastern Roman Empire during the periods of Late Antiquity and the Middle Ages, centred on the capital of Constantinople. Known simply as the Roman Empire or Romania to its inhabitants and neighbours, the Empire was the direct continuation of the Ancient Roman State...
legislation on the contemporary world, and in spite of great cultural and commercial ties between Byzantium
Byzantium
Byzantium was an ancient Greek city, founded by Greek colonists from Megara in 667 BC and named after their king Byzas . The name Byzantium is a Latinization of the original name Byzantion...
and Rus', the Russkaya Pravda bear no similarity whatever to those of the Byzantine Empire
Byzantine Empire
The Byzantine Empire was the Eastern Roman Empire during the periods of Late Antiquity and the Middle Ages, centred on the capital of Constantinople. Known simply as the Roman Empire or Romania to its inhabitants and neighbours, the Empire was the direct continuation of the Ancient Roman State...
. The laws of Rus' were more humane than the legislation of contemporary East European
Eastern Europe
Eastern Europe is the eastern part of Europe. The term has widely disparate geopolitical, geographical, cultural and socioeconomic readings, which makes it highly context-dependent and even volatile, and there are "almost as many definitions of Eastern Europe as there are scholars of the region"...
states. The absence of capital
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
and corporal
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
punishment rather reflects the Norse
Norsemen
Norsemen is used to refer to the group of people as a whole who spoke what is now called the Old Norse language belonging to the North Germanic branch of Indo-European languages, especially Norwegian, Icelandic, Faroese, Swedish and Danish in their earlier forms.The meaning of Norseman was "people...
way of thought.
Editions
This code was discovered by the historian Vasily Tatischev in the text of one of the Novgorod chronicles and brought to the attention of the Russian Academy of Sciences
Russian Academy of Sciences
The Russian Academy of Sciences consists of the national academy of Russia and a network of scientific research institutes from across the Russian Federation as well as auxiliary scientific and social units like libraries, publishers and hospitals....
in 1738. The first commented edition of the text was published by August Ludwig von Schlözer
August Ludwig von Schlözer
August Ludwig von Schlözer was a German historian who laid foundations for the critical study of Russian history.-Early career:...
in 1767.
Nomenclature
The spellings "Rus'ka Pravda" or "Ruska Pravda" (which correspond to the modern UkrainianUkrainian language
Ukrainian is a language of the East Slavic subgroup of the Slavic languages. It is the official state language of Ukraine. Written Ukrainian uses a variant of the Cyrillic alphabet....
usage) as well as "Russkaia Pravda" or "Russkaya Pravda" (which correspond to the modern Russian
Russian language
Russian is a Slavic language used primarily in Russia, Belarus, Uzbekistan, Kazakhstan, Tajikistan and Kyrgyzstan. It is an unofficial but widely spoken language in Ukraine, Moldova, Latvia, Turkmenistan and Estonia and, to a lesser extent, the other countries that were once constituent republics...
usage) are used in English language literature. There is a disagreement about the correct English spelling for the term: many Ukrainian historians and a few other scholars outside Russia consider the spelling "Rus'ka Pravda", to be more correct in terms of history.
The spelling debate centres on the interpretation of the word. While 'Russkaia' with two "S"s is easily understood and translated as 'Russian', the modern Ukrainian viewpoint implies that modern Russia and Rus' were different identities. This view is challenged by some linguists on the basis of the language used in the document who claim that spelling the word "Ruskiy" (Russian) with one S was commonplace at the time; in fact it is the prevalent for centuries after Ruskaya Pravda was written, and can be found in virtually all instances, both in Kiev
Kiev
Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
and Moscow
Moscow
Moscow is the capital, the most populous city, and the most populous federal subject of Russia. The city is a major political, economic, cultural, scientific, religious, financial, educational, and transportation centre of Russia and the continent...
. An often quoted example is Ivan the Terrible's correspondence from the 16th century. Other linguists claim that the spelling with two s's only became more common in the 17th century, and only became standard after Lomonosov's Grammar was published in 1755.
Genesis and evolution
“RP”s legal regulations reflected the evolution of the social relations in the Rus' of the 11th-13th centuries. Common law, KnyazKnyaz
Kniaz, knyaz or knez is a Slavic title found in most Slavic languages, denoting a royal nobility rank. It is usually translated into English as either Prince or less commonly as Duke....
legislation, and legal proceedings represented the basis of “RP”.
The Short Edition of “RP” contains two apparently distinct parts, called by researchers “Pravda Yaroslava” (Yaroslav’s Truth, ca. 1017), otherwise known as “Drevneyshaya Pravda” (the Oldest Justice) of Yaroslav the Wise, and “Pravda Yaroslavichey” (Justice by Yaroslav’s sons, ca. 1054). Some indicate other distinct components of the text, possibly added later.
“Pravda Yaroslava” comprised legal regulations of feudal law along with the archaic regulations that could be traced back to the primitive communal system. According to a popular theory, it was promulgated in order to settle a conflict between Konstantin Dobrynich
Konstantin Dobrynich
Konstantin Dobrynich was an 11th-century posadnik of Novgorod. According to the Novgorod chronicles, he was the son of Dobrynya and wielded great influence at the court of his own cousin, Yaroslav the Wise....
, a posadnik
Posadnik
Posadnik was the mayor in some East Slavic cities or towns. Most notably, the posadnik was the mayor of Novgorod and Pskov...
of Novgorod, and the Varangian population of the city.
Subsequent development and improvement of “RP” took place in times of Yaroslav’s sons and his grandson Vladimir Monomakh. New provisions are believed to have been added to “RP” after the revolts in Kiev
Kiev
Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
, Novgorod, and Rostov
Rostov
Rostov is a town in Yaroslavl Oblast, Russia, one of the oldest in the country and a tourist center of the Golden Ring. It is located on the shores of Lake Nero, northeast of Moscow. Population:...
-Suzdal
Suzdal
Suzdal is a town in Vladimir Oblast, Russia, situated northeast of Moscow, from the city of Vladimir, on the Kamenka River. Population: -History:...
province in 1068-1071.
In Muskovy, the "RP" was replaced in 1497 by the “Sudebnik
Sudebnik
Sudebnik of 1497 , a collection of laws, which was introduced by Ivan III and played a big part in the centralisation of the Russian state, creation of the nationwide Russian Law and elimination of feudal division....
”, the Code of Law. Several centuries earlier, new legal codes were promulgated in Pskov
Pskov
Pskov is an ancient city and the administrative center of Pskov Oblast, Russia, located in the northwest of Russia about east from the Estonian border, on the Velikaya River. Population: -Early history:...
and Novgorod.
Institutions
“Pravda Yaroslavichey” increased responsibility of a given community for killing knyazKnyaz
Kniaz, knyaz or knez is a Slavic title found in most Slavic languages, denoting a royal nobility rank. It is usually translated into English as either Prince or less commonly as Duke....
’es soldiers, tiuns (“tiun”, a privileged servant of knyazs or boyars), starostas (“starosta
Starosta
Starost is a title for an official or unofficial position of leadership that has been used in various contexts through most of Slavic history. It can be translated as "elder"...
”, a representative from the low-ranking administration of a knyaz), otroks (“otrok”, a low-ranking soldier in the army of a knyaz) and other servants on their own territory. “Pravda Yaroslavichey” provided severe punishment for arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
, deliberate cattle mutilation
Mutilation
Mutilation or maiming is an act of physical injury that degrades the appearance or function of any living body, usually without causing death.- Usage :...
, and collective encroachment on rich people’s property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
. After the 1113 Riot in Kiev, an exorbitant interest
Interest
Interest is a fee paid by a borrower of assets to the owner as a form of compensation for the use of the assets. It is most commonly the price paid for the use of borrowed money, or money earned by deposited funds....
law was introduced that limited financial operations of moneylender
Moneylender
A moneylender is a person or group who offers small personal loans at high rates of interest.-See also:* Microfinance - provision of financial services to low-income individuals....
s.
Smerd
Smerds were feudal-dependent peasants in Russia and some other Slavic countries. Sources from the 11th and 12th centuries mention smerds’ presence in the Kievan Rus Smerds (sing. smerd; in Russian: pl. смерды, sing. смерд ) were feudal-dependent peasants in Russia and some other Slavic countries....
s (“smerd” – a feudal-dependent peasant), zakups (“zakup” - a feudal-dependent peasant, who could become free after paying off his “zakup”, a feudal loan
Loan
A loan is a type of debt. Like all debt instruments, a loan entails the redistribution of financial assets over time, between the lender and the borrower....
), kholop
Kholop
Kholops were feudally dependent people in Russia between the 10th and early 18th centuries. Their legal status was close to that of serfs.- Etymology :The word kholop was first mentioned in a chronicle for the year of 986. Its etymology is unclear...
s (“kholop” – a feudal-dependent peasant, who could be killed or sold like a slave) etc. The Vast Edition of “RP” contains special regulations with regards to the status of zakups and kholops. “RP” also reflects the role of the court of knyaz’, a trend towards increasing differentiation of punishments and penalties, larger fines for the benefit of knyaz’ or his administration with correspondingly decreasing compensation to the victims.
In an attempt to abolish blood feud
Blood Feud
"Blood Feud" is the twenty-second and final episode of The Simpsons second season. It originally aired on the Fox network in the United States on July 11, 1991. In the episode, Mr. Burns falls ill and desperately needs a blood transfusion. Homer discovers Bart has Burns' rare blood type and urges...
(that was quite common at that time), “RP” narrowed its “usage” and limited the number of avenger
Revenge
Revenge is a harmful action against a person or group in response to a grievance, be it real or perceived. It is also called payback, retribution, retaliation or vengeance; it may be characterized, justly or unjustly, as a form of justice.-Function in society:Some societies believe that the...
s to the closest relatives of the dead. If there were no avengers on the victim’s side, the killer had to pay a fine (called “vira”) in favour of the knyaz’ and partial compensation to the relatives of the victim (the killer’s community had to help him pay his fine). If a woman were killed, one would have to pay half of the regular fine (called “poluvir’ye”, half of “vira”).
“RP” also defended the health and honour of the free members of the feudal society and had provisions about financial compensations for mutilation or an insult by word or deed. “RP” had a detailed system of punishments and penalties for larceny
Larceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
in a city or countryside, deliberate damage to forests, hunting grounds or lands, trespassing etc. It also regulated debt
Debt
A debt is an obligation owed by one party to a second party, the creditor; usually this refers to assets granted by the creditor to the debtor, but the term can also be used metaphorically to cover moral obligations and other interactions not based on economic value.A debt is created when a...
relations between individuals and contained articles of liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
and hereditary law. Under “RP”, legal proceedings included witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es, use of oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
s or “ordaliy” (lat. ordalium, or “ordeal” in English, a kind of a last-resort test used to prove defendant’s innocence or guilt). The search for culprits included listening to witnesses, collecting evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
, or hot pursuit
Hot pursuit
In law enforcement and international law, hot pursuit can refer to:*An immediate pursuit by the police such as a car chase.*In international treaty law, laws of federal states, or other legal rules governing cross-border police operations when law enforcement officers and agents of one...
. Investigators had to check for false accusations, as well. These were the first steps towards forensic science.
From the Vast Edition
(based on a 15th century Troitzky manuscript)1. If a man kills a man: then a brother avenges a brother, or a son avenges a father, or a cousin, or a nephew; if no one will take revenge, then 80 grivnas for the murdered; if he be a knyaz
Knyaz
Kniaz, knyaz or knez is a Slavic title found in most Slavic languages, denoting a royal nobility rank. It is usually translated into English as either Prince or less commonly as Duke....
’s man or knyaz’s official; but if he be a rusin, or a grid' (a lower-ranking druzhinnik), or a merchant, or a boyar
Boyar
A boyar, or bolyar , was a member of the highest rank of the feudal Moscovian, Kievan Rus'ian, Bulgarian, Wallachian, and Moldavian aristocracies, second only to the ruling princes , from the 10th century through the 17th century....
’s official, or a mechnik (swordsman), or an exile, or a slovenin (Novgorodian), then 40 grivnas for the murdered.
1. Убьет муж мужа, то мстит брат за брата, или сын за отца, или двоюродный брат, или племянник; если не будет никто мстить, то 80 гривен за убитого, если будет княжеский муж или княжеский управитель; если будет русин, или гридь, или купец, или боярский управитель, или мечник, или изгой, или словенин, то 40 гривен за убитого.
2. After Yaroslav
Yaroslav
Yaroslav is a Slavic given name, and it may refer to:*Yaroslav I the Wise , Grand Prince of Kiev. Son of Vladimir the Great*Yaroslav II of Kiev , son of Iziaslav II of Kiev...
’s death there was another meeting between his sons Izyaslav
Iziaslav I of Kiev
Iziaslav Yaroslavich , Kniaz' , Veliki Kniaz of Kiev , King of Rus'...
, Svyatoslav
Sviatoslav II of Kiev
Sviatoslav Iaroslavich was the Prince of Chernihiv from 1054 to 1073 and Grand Prince of Kiev from 1073 until his death...
and Vsevolod, and their men Kosnyachko, Pereneg, Nikofor, and they changed the blood revenge for a fine; and the rest of his sons asserted as Yaroslav
Yaroslav
Yaroslav is a Slavic given name, and it may refer to:*Yaroslav I the Wise , Grand Prince of Kiev. Son of Vladimir the Great*Yaroslav II of Kiev , son of Iziaslav II of Kiev...
judged.
On murder…
3. If anyone murders a man in a rampage, and the villain is not being sought, then the community where the victim's head lies pays a vera (fee to the knyaz) of 80 grivnas; or be he a commoner, then 40 grivnas (note: this was a fortune; a horse cost two grivnas, and a serf 1/2 grivna).
4. Whichever community pays the common vera (i.e. the fee for the murderer they're hiding or cannot find), several years they shall have to pay that, as the members are paying without the murderer. But if the murderer is known to the community, they shall help him with the payments; but only pay up to 40 grivnas, and the murderer pays the rest, and also contributes to his community’s 40 grivnas. Or if he murdered by accident, or at a feast, he shall pay thus.
Thus shall be on the guilt of rampage.
5. If there be a murder and robbery with no reason, then people shall not pay for the murderer, but give him up with his wife and children, and his property will be plundered.
6. If a person does not contribute to the vera, then the people shall not help him (in the future); he shall pay for himself.
7. And such is the law for Yaroslav’s vera collector: the vera collector takes 7 buckets of hops per week, also sheep or a meat carcass or 2 nogata (1 nogata = 1/20th of grivna); and on a Wednesday cheese and a marten pelt; and the same on Friday; and give him two chickens per day; and seven breads per week; and seven measures of grain; and seven measures of peas; and seven measures of salt; this for a vera collector with a man; and for him 4 horses, which be given a measure of oats; for vera collector 8 grivnas and 10 kunas in fees, and for the pageboy 12 squirrel pelts; and a grivna when he goes away, and for each victim 3 grivnas.
(…)
Of knyaz’s man
9. If he be a boy, a stableboy, or a cook, then 40 grivnas
10. And for a caretaker, or a horse trainer, 80 grivnas
11. But for a village supervisor, or the field work supervisor, 12 grivnas. And for a serf, 5 grivnas. Same for boyar’s.
12. And for a tradesman and a tradeswoman, 12 grivnas.
13. And for a serf, 5 grvinas; for serf woman, 6 grivnas.
14. And for a teacher, 12, same for a nanny, whether they be serfs or women.
(…)
17. And if one is accused of murder, but there are no acceptable witnesses, there shall be trial by iron. Thus shall be done for all grievances or thievery, if the accuser cannot provide proof, and the grievance is for less than half of gold grivna, then give him a trial by iron in captivity; if the grievance is for less than that, but more than two silver grivnas, then trial by water; if it is even less, then he must make an oath.
(…)
The Law of Vladimir I of Kiev
Vladimir I of Kiev
Vladimir Sviatoslavich the Great Old East Slavic: Володимѣръ Свѧтославичь Old Norse as Valdamarr Sveinaldsson, , Vladimir, , Volodymyr, was a grand prince of Kiev, ruler of Kievan Rus' in .Vladimir's father was the prince Sviatoslav of the Rurik dynasty...
48. Volodimer Vsevolodich, upon Svyatopolk’s death, gathered his druzhina
Druzhina
Druzhina, Drużyna or Družyna in the medieval history of Slavic Europe was a retinue in service of a chieftain, also called knyaz. The name is derived from the Slavic word drug with the meaning of "companion, friend". -Early Rus:...
at Berestov: Ratibor of Kiev
Kiev
Kiev or Kyiv is the capital and the largest city of Ukraine, located in the north central part of the country on the Dnieper River. The population as of the 2001 census was 2,611,300. However, higher numbers have been cited in the press....
the general; Prokopiy of Belgorod
Belgorod Kievsky
Bilhorod Kyivsky was a city-castle of Kievan Rus' on the right bank of Irpin River. The city was quite prominent in the 10th-12th centuries but ceased to exist after 1240 destruction of Kiev by the Mongols. Currently there is a small village of Bilohorodka, Kiev Oblast near the location of the...
the general; Stanislav of Pereyaslavl the general; Nazhir; Miroslav; Ivanok son of Chudin boyar
Boyar
A boyar, or bolyar , was a member of the highest rank of the feudal Moscovian, Kievan Rus'ian, Bulgarian, Wallachian, and Moldavian aristocracies, second only to the ruling princes , from the 10th century through the 17th century....
of Oleg
Oleg of Novgorod
Oleg of Novgorod was a Varangian prince who ruled all or part of the Rus' people during the early 10th century....
; and they set thus: to collect interest only until the third payment, if the lender takes the payments “in threes” (three payments of one half the debt each); if one takes from the debtor two shares, he can ask for the full debt then; but if he collected three shares, then will not ask for the full sum.
49. And if one takes from the debtor 10 marten pelts per year on each grivna (20% APR), that is allowed.
(…)
If a debtor escapes
52. If a debtor escapes from master, then a serf; but if he goes to search for money with his master’s permission, or goes to the knyaz with a complaint against his master, then won’t be made a serf, but be given a trial.
(…)
On debtors
57. If a debtor steals something, the master is in his right; when the debtor is caught the master may reimburse the victim for his horse or whatever else, and makes the debtor his serf; or if the master does not want to reimburse, then he may sell his debtor into serfdom, and reimburse the victim from that, and keep the rest.
(…)
On witnesses
59. A serf may not be a witness; but if there are no free witnesses, then a serf caretaker may bear witness, but any others may not. And for minor cases a debtor may be a witness.
(…)
65. If one violates land borders, or works somebody else’s land, or puts a fence on somebody else’s land, then he’ll pay 12 grivnas to the knyaz.
69. And if he steels bees, then 3 grivnas to the knyaz; and for the honey, if the beehive was full, 10 marten pelts to the victim; but if an empty hive then 5 marten pelts.
On serfs
71. If a serf tortures a serf without orders from the knyaz, then pays 3 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering.
72. But if he tortures a knyaz’s man, then 12 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering.
(…)
On barns
79. If a barn is burned, then the victim’s house and property is plundered, after the damage is repaid, and for the rest he’ll be a serf to the knyaz; same for burning of houses.
80. And if one intentionally cuts a horse or other cattle, then he’ll pay 12 grivnas to the knyaz, and also repay the victim for the damages.
(…)
If a serf dies
85. If a serf dies, then his property goes to the knyaz; if he has unmarried daughters then some of the property will be given to them for dowry; if all his daughters are married than they don’t get it.
On deaths of boyar
Boyar
A boyar, or bolyar , was a member of the highest rank of the feudal Moscovian, Kievan Rus'ian, Bulgarian, Wallachian, and Moldavian aristocracies, second only to the ruling princes , from the 10th century through the 17th century....
s or druzhina
Druzhina
Druzhina, Drużyna or Družyna in the medieval history of Slavic Europe was a retinue in service of a chieftain, also called knyaz. The name is derived from the Slavic word drug with the meaning of "companion, friend". -Early Rus:...
86. If a boyar
Boyar
A boyar, or bolyar , was a member of the highest rank of the feudal Moscovian, Kievan Rus'ian, Bulgarian, Wallachian, and Moldavian aristocracies, second only to the ruling princes , from the 10th century through the 17th century....
or a druzhina
Druzhina
Druzhina, Drużyna or Družyna in the medieval history of Slavic Europe was a retinue in service of a chieftain, also called knyaz. The name is derived from the Slavic word drug with the meaning of "companion, friend". -Early Rus:...
member dies, then his property does not go to the knyaz; and if he had no sons, then the inheritance goes to his daughters.
(…)
On serfdom
102. There are three types of serfdom: one buys a serf for up to half a grivna before witnesses, and gives a nogata to the judge before the serf.
103. A second serfdom: if one marries a serf woman without her master’s agreement; if he marries with agreement, then whatever they decide with the master, thus he shall be.
104. And this is the third serfdom: if one acts as someone’s official or servant without the master’s knowledge; if there is an agreement, then whatever they decide, thus he shall be. If he takes the master’s tasks, he’s his servant.
105. But for a debt of grain, one will not become a serf; but if he does not work it off in time, then he must repay it at once; but if he repays in full before the due date, he’s free.
See also
- History of RussiaHistory of RussiaThe history of Russia begins with that of the Eastern Slavs and the Finno-Ugric peoples. The state of Garðaríki , which was centered in Novgorod and included the entire areas inhabited by Ilmen Slavs, Veps and Votes, was established by the Varangian chieftain Rurik in 862...
- List of Russian rulers
- History of UkraineHistory of UkraineThe territory of Ukraine was a key center of East Slavic culture in the Middle Ages, before being divided between a variety of powers. However, the history of Ukraine dates back many thousands of years. The territory has been settled continuously since at least 5000 BC, and is also a candidate site...
- List of Ukrainian rulers
- SudebnikSudebnikSudebnik of 1497 , a collection of laws, which was introduced by Ivan III and played a big part in the centralisation of the Russian state, creation of the nationwide Russian Law and elimination of feudal division....