1649:Moscow
Sobornoe Ulozhenie
[Law Code of the Assembly of the Land]
Table: Key historical terms
[SAC editor has translated all forms of "okol'nich..." as "courtier..."]
TABLE OF
CONTENTS
(26 chapters with over 960 articles)
Original electronic source =
http://lamar.colostate.edu/~aksmith/HY438/ulozh/ [now a dead site]
which was in turn based on
Richard Hellie, ed., The Muscovite Law Code (Ulozhenie) of 1649
Preamble
Chapter 1. = Blasphemers and Church troublemakers (9 Articles)
Chapter 2. = The Sovereign’s honor, and how to safeguard His Royal Well-being
(22)
Chapter 3. =
Sovereign’s Palace Court -- no misconduct
or fighting there (9)
Chapter 4 =
Forgers and those who counterfeit seals (4)
Chapter 5 =
Mintmasters who make counterfeit coins (2)
Chapter 6 =
Travel documents into other states (6)
Chapter 7 =
Service [sluzhba] of various military personnel of the Muscovite State (32)
Chapter 8 =
Redemption of military captives (7)
Chapter 9 =
Tolls, ferry fees, and bridge fees (20)
Chapter 10
=
The Judicial Process (287)
Chapter 11
=
Judicial process for peasants (34)
Chapter 12
=
Judicial process for Patriarch’s Prikaz and Palace Court officials and peasants
(3)
Chapter 13
=
The Monastery Prikaz (7)
Chapter 14
=
The Oath (10)
Chapter 15
=
Cases that have been decided (5)
Chapter 16
=
Pomest’e lands (69)
Chapter 17
=
Votchinas [hereditary estates] (55)
Chapter 18 = Seal Fees (71)
Chapter 19
=
Townsmen (40)
Chapter 20
=
Judicial process for slaves (119)
Chapter 21
=
Robbery and theft cases (104)
Chapter 22
= Decree on which offenses require death penalty and which not (26)
Chapter 23
=
The Musketeers (3)
Chapter 24 = Decree on Atamans and Cossacks [including Decree on Statutory Prices] (3)
Chapter 25 = Statute on illicit taverns (21)
Preamble =
THE ASSEMBLY OF THE LAND LAW CODE
January 29, 1649. On July 16, 1648, the Sovereign, Tsar, and Grand Prince Aleksei Mikhailovich,-Autocrat of all Russia, in the twentieth year of his life, in the third year of his reign protected by God, took counsel with his spiritual father and intercessor, the most holy Iosif, Patriarch of Moscow and all Russia, and with the metropolitans, and the archbishops, and the bishop, and the entire holy Assembly [Sobor]. And [also] with his own royal boyars, and courtiers, and counselors he discussed the laws written in the canons of the holy apostles and holy fathers and the laws of the Byzantine emperors in the Procheiros Nomos. [They discussed] which of those laws would be suitable for state and civil affairs [k gosudar’stvennym i k zemskim delam] [and they resolved that those statutes] should be extracted. [They also ordered] collected the decrees of the former great sovereigns, tsars, and grand princes of Russia, and of his sovereign father, the great Sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed memory, and [also] the boyar decisions on various state and civil [zemskie] matters. [They ordered] those sovereign decrees and boyar decisions compared with the old law codes [Sudebniki]. Concerning those laws which in prior years were not inserted as a decree in the Sudebniki of the previous sovereigns and those laws which were not [further enacted] as boyar decisions: write down and order accordingly those laws by his sovereign decree [and] by common counsel so that for the people of all ranks, from the highest to the lowest rank, of the Muscovite state the law and justice will be equal for all in all cases. [...chtoby Moskovskogo gosudar’stva vsiakikh qinov liudem, ot bolshago i do menshago qinu, sud i rosprava byla vo vsiakikh delekh vsem rovna.] The Sovereign, Tsar, and Grand Prince of all Russia Aleksei Mikhailovich ordered the boyars Prince Nikita Ivanovich Odoevskii and Prince Semen Vasil’evich Prozorovskii, and the courtier Prince Fedor Fedorovich Volkonskii, and the State Secretaries Gavrila Levont’ev and Fedor Griboedov to assemble everything and write it up in an official report.
For this, his own royal and civil grand tsarist business [gosudareva i zemskogo, velikogo, tsarstvennogo dela], the sovereign, in counsel with his spiritual father and intercessor, the most holy Iosif, Patriarch of Moscow and all Russia decreed and the boyars affirmed that two men from each rank [iz chinu po dva cheloveka] should be chosen from the stol’niki, and striapchie, and Moscow dvoriane, and zhil’tsy. Also, two men should be selected from the dvoriane of all towns and from the deti boiarskie of the large towns, except Novgorod. One man per borough [should be sent] from the Novgorodians; one man each from the lesser towns, and three men from the first corporation merchants; two men each from the merchants of the second corporation and the third corporation; one man each from the taxpaying hundreds, and the settlements, and the urban taxpaying districts of the towns. [Those sent] were to be worthy and prudent men so that his sovereign tsarist and civil affairs might be affirmed and put into effect with [the participation of] all the delegates so that all these great decisions, [promulgated] by his present royal edict and the Law Code of the Assembly of the Land [Sobornoe Ulozhenie], henceforth would in no way be violated.
By the decree of the Sovereign, Tsar, and Grand Prince of all Russia Aleksei Mikhailovich, the boyars, Prince Nikita Ivanovich Odoevskii and his associates, extracted [relevant laws] from the Canons of the Holy Apostles and the Holy Fathers, and from the laws of the Byzantine emperors in the Procheiros Nomus, and from the old Sudebniki of former grand sovereigns, and from the decrees of the great Sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed memory, and from boyar decisions, and laws which were not written down in the earlier Sudebniki, and in decrees of the former sovereigns, and in boyar decisions. Having written down these laws anew, they brought them to the sovereign.
In the present [sic] year 1648, on October 3, the Sovereign, Tsar, and Grand Prince Aleksei Mikhailovich, Autocrat of all Russia, with his spiritual father and intercessor the most holy Iosif, Patriarch of Moscow and all Russia, and with the metropolitans, the archbishops, and the bishop; and also with his royal boyars, and courtiers, and counselors of that assemblage [s dumnymi liud’mi togo sobraniia] listened to [a reading] of the Ulozhenie. It was also read to the delegates [vybornym liudem] who had been chosen for the common counsel [k tomu obshchemu sovetu vybrany] in Moscow and from the provincial towns so that in the future the entire Ulozhenie would be solidly based and unshakable.
The sovereign ordered the entire Ulozhenie written on a scroll. He ordered the most holy Iosif, Patriarch of Moscow and all Russia, and the metropolitans, and the archbishops, and the bishop, and the archimandrites and fathers superior [igumenom], and the entire holy Assembly [vsemu osviashchennomu soboru]; and his royal boyars, and courtiers, and counselors, and the chosen dvoriane and deti boiarskie, and the first corporation merchants [gostem], and the trading townsmen [torgovym i posadskim liudem] of the Muscovite state and all the towns of the Russian tsardom to sign the scroll copy.
Once the signatures had been
affixed to the Ulozhenie, the sovereign ordered it copied into a
[manuscript] book and [ordered] the State Secretaries [d’iakom] Gavrila
Levont’ev and Fedor Griboedov to affix their signatures to the [manuscript]
book. From that [manuscript] book he ordered many copies printed for use in
Moscow in all the chancelleries [prikazy] and in the provincial towns
[“provincial towns” here translates gorody], and [he ordered] that all
cases be conducted according to the laws in that Ulozhenie.
CHAPTER 1. - Blasphemers and Church Troublemakers. In It Are 9 Articles.
1. If believers in non-Orthodox faiths, of whatever Creed, or a Russian, casts abuse on the Lord God and our Savior Jesus Christ, or on the Lady Most Pure Who gave birth to Him, our Mother of God the Chaste Maiden Mary, or on the Holy Cross, or on His Holy Saints: rigorously investigate this by all methods of inquiry. If that is established conclusively: having convicted the blasphemer, execute him by burning him [in a cage].
2. If a disorderly person, coming into God’s church during the holy liturgy, by any action whatsoever does not permit the completion of the divine liturgy: having arrested him and investigated him rigorously [and having established] that he committed such a deed, punish him with death, without any mercy.
3. If someone during the holy liturgy [or during] other church services, coming into God’s church, proceeds to address indecent remarks to the patriarch, or a metropolitan, or archbishop and bishop, or archimandrite, or father superior and other member of the clerical order, and thereby in the church creates a disturbance for the divine liturgy, and this becomes known to the sovereign, and that is established conclusively: inflict on that disorderly person a beating [with the knout] in the market places for his offense.
4. If someone, coming into God’s church, proceeds to assault anyone at all, and kills the person: after investigation, punish that killer himself with death.
5. If [the assailant] wounds someone, but does not kill him: inflict on him a beating [with the knout] in the market places without mercy, cast him in prison for a month, and the injured party shall collect from him a double dishonor compensation for the injury.
6. If such a disorderly person assaults anyone at all in God’s church but does not wound [him]: for such an offense beat him with bastinadoes, and the person whom he struck shall collect his dishonor compensation from him.
7. If someone dishonors someone by word, but does not assault [him]: cast him in prison for a month for the offense. The person who was dishonored by him shall exact from him the dishonor compensation so that those looking on will not commit such offenses in God’s church.
8. In church, during the church services, no one shall petition the Sovereign, Tsar, and Grand Prince of all Russia Aleksei Mikhailovich, or the great lord the most holy Iosif, Patriarch of Moscow and all Russia, or the metropolitans, and archbishops, and bishops about any personal affairs, so that, as a consequence, there will be no disruption of the church services in God’s church because God’s church is designed for prayer. It is fitting for Orthodox Christians to stand in God’s church and pray with fear, and not to contemplate earthly matters.
9. If someone, forgetting the fear of God and disdaining the Tsar’s order, proceeds to petition the sovereign, or patriarch, or any other high church officials about his personal affairs in God’s church during the church services: cast that petitioner in prison for as long as the sovereign decrees.
CHAPTER 2. - The Sovereign’s Honor, and How to Safeguard His Royal Well-Being. In It Are 22 Articles.
1. If someone by any intent proceeds to think up [kakim umyshleniem uchnet myslit’] an evil deed against the sovereign’s well-being, and someone denounces his evil intent, and after that denunciation that evil intent of his is established conclusively, that he conceived all evil deed against his tsarist majesty, and he intended to carry it out [delo myslil]: after investigation, punish such a person with death. {slovo i delo}
2. Likewise, if in the realm of his tsarist majesty, someone, desiring to seize possessions of the Muscovite state and to become sovereign, begins to assemble an armed force to effect his evil intention; or, if someone proceeds to make friends with enemies of [his] tsarist majesty, and to establish secret relationships by [exchanging] advisory letters, and to render them aid in various ways so that those enemies of the sovereign, using his secret relationship with the enemy, may take possession of the Muscovite state, or commit any other bad deed; and someone denounces his activity; and after that denunciation his treason is established conclusively: punish such a traitor with death accordingly.
3. If a subject of his tsarist majesty surrenders a town to an enemy in an act of treason [izmenoiu]; or, a subject of his tsarist majesty receives into the towns foreigners from other states for the purpose of similarly committing treason; and that is established conclusively: punish such traitors with death also.
4. If someone premeditatedly, with treasonous intent, sets fire to a town, or to houses; and at that time, or later, the arsonist is arrested, and that felonious conduct of his is established conclusively: burn him [in a cage] himself without the slightest mercy.
5. Confiscate the pomest’ia, and votchinas, and movable property of traitors for the sovereign.
6. If the wives and children of such traitors knew about their treason: similarly punish them with death.
7. If a wife did not know about the treason of her husband, or children [did not know] about the treason of their father, and it is established about that conclusively that they did not know about that treason: do not execute them for that, and inflict no punishment on them; [give] them a maintenance allotment from [the executed traitor’s] votchinas and pomest’ia that the sovereign grants.
8. If children remain after [the execution of] a traitor, and those children of his lived separately from him, and not with him [in the same household or on the same estate] prior to his treason, and those children of his did not know about his treason, and they had their own movable property and their votchinas were separate from his: do not confiscate from those children of his their movable property and votchinas.
9. If someone commits treason, and after him survive a father, or mother, or natural brothers, or half-brothers, or uncles, or any other member of his clan in the Muscovite state; and he lived together with them and they had common movable property and votchinas: conduct a rigorous investigation by all methods of inquiry about that traitor to determine whether his father, and mother, and clan knew about his treason. If it is established conclusively that they knew about the treason of that traitor: punish them with death also, and confiscate their votchinas, and pomest’ia, and movable property for the sovereign.
10. If it is established conclusively about them that they did not know about the treason of that traitor: do not punish them with death, and do not confiscate the pomest’ia, and votchinas, and movable property from them.
11. If a traitor, having been in another state, comes to the Muscovite state, and the sovereign bestows favor upon him, orders that he be forgiven his offenses: he shall have to earn pomest’ia anew. The sovereign is free [to return or otherwise dispose of] his votchinas, but his former pomest’ia shall not be returned to him.
12. If someone proceeds to denounce someone for a treasonous offense but does not present any witnesses in support of his denunciation, and no other evidence is presented to convict [the accused], and there is no basis for initiating an investigation into such a treason case: compile a decree about such a treason case, upon rigorous review, as the sovereign decrees.
13. If someone’s slaves proceed to denounce those people whom they are serving in the matter of the sovereign’s well-being, or any treason case, or peasants [do the same] against the lords under whom they are living as peasants, and they present no evidence to support the accusation in that case: do not believe their denunciation. Having punished them severely by beating them mercilessly with the knout, give them back to those people whose slaves and peasants they are. With the exception of treason cases, do not place the slightest credence in any [other] cases initiated by such informers.
14. If slaves of any category proceed to initiate a treason case on their own behalf; but subsequently they themselves proceed to say that they know of no treason case, but that they had initiated the treason case to escape a beating by someone [the accused], or they were drunk: beat them with the knout for that, and having beaten them with the knout, give them back to their owners.
15. If someone, having overtaken a traitor on the road, kills him; or, having apprehended him, brings him to the sovereign: punish that traitor with death. That person who brings him in or kills him shall be given a royal reward from his [the traitor’s] property, as the sovereign decrees.
16. If someone proceeds to denounce someone else about an important case involving the sovereign, or treason, but that person whom he denounces [in] that case is not present in person at that time: find that person against whom the denunciation was made and arrange an eye-to-eye confrontation with the informer. Conduct a rigorous investigation by all methods of inquiry about the accusation of a case involving the sovereign and about treason. After investigation, compile a decree as is written about that above this.
17. If someone has initiated an important case involving the sovereign or a treason charge against someone, but did not support it, and it is established about that conclusively that he deliberately initiated such a [false] case against someone: inflict on that informer [the same sanction that] the person whom he accused would have deserved.
18. If people of various ranks of the Muscovite state learn about or hear that there is an insurrectionary plot, or any other evil intention, among some people, against his tsarist majesty: they shall inform the Sovereign, Tsar, and Grand Prince of all Russia Aleksei Mikhailovich or his royal boyars and close advisers, or in the provincial towns the governors [voevodam] and chancellery officials, about it.
19. If someone, having learned about or hearing about an insurrectionary plot or any other evil intention among any people against his tsarist majesty, fails to inform the sovereign and his royal boyars and intimates, or the governors and chancellery officials in the provincial towns, and it becomes known to the sovereign that he knew about such a case, but did not convey the information, and that is established conclusively: punish him with death without any mercy for this.
20. No one, either by his own volition or as a member of an insurrectionary plot against his tsarist majesty, and his royal boyars, and courtiers, and counselors, and intimates, and in the towns and regiments against the governors, and generals, and chancellery officials, shall approach anyone [in a threatening manner], nor shall [anyone] rob or assault anyone.
21. If someone, as part of an insurrectionary plot, proceeds to approach his tsarist majesty, or his royal boyars, and courtiers, and counselors, and intimates, and the governors and generals in the towns and the regiments, and the chancellery officials, or anyone else [in a threatening manner], and proceed[s] to rob or assault someone: similarly punish with death without any mercy those people who commit such an act there.
22. If generals, governors, and chancellery officials from a provincial town or from the regiments report to the sovereign that servicemen [sluzhilie] or people of any other ranks [inix qinov] approached them as part of an insurrectionary plot and desired to kill them; and those people against whom they wrote the report proceed to petition the sovereign against the generals, governors, and chancellery officials for an investigation [and they respond] that they did not approach them as part of an insurrectionary plot, but rather that only a few people approached them [to submit] a petition: on the basis of that petition, conduct an investigation about them in the towns by interrogating [all the residents of] the town, and all the troops in the regiments. If it is established conclusively about them that they approached the governors in the towns and the generals in the regiments [to submit] a petition, and not for a felonious purpose: do not punish them with death after the investigation. Severely punish the generals, governors, and chancellery officials who reported against them falsely to the sovereign, however, as the sovereign decrees.
CHAPTER 3. - The Sovereign’s Palace Court. [A
Law to Ensure]
That There Will Be No Misconduct or Fighting by Anyone at the
Sovereign’s Palace Court.
In It Are 9 Articles.
1. If someone in the presence of [his] tsarist majesty, at his royal palace court and in his royal chambers, not respecting the honor of his tsarist majesty, dishonors someone verbally; and that person whom he dishonored proceeds to petition the sovereign against him for justice, and it is established about that conclusively that the person against whom he petitioned did injure his honor: after investigation, for the honor of the sovereign’s palace court, imprison that person who dishonored someone at the sovereign’s palace court for two weeks so that others looking on will learn henceforth not to do that. Order the person whom he dishonors [to collect] his dishonor compensation from him.
2. If someone at the sovereign’s palace court initiates a fight with someone else, and with impudence strikes him with his hand: arrest such a person on the spot, and, without letting him go, investigate that fight of his; having established it conclusively, imprison him for a month for the honor of the sovereign’s palace court. That person whom he struck shall collect his dishonor compensation from him. If he struck someone to the point of drawing blood, that person whom he bloodied shall collect his dishonor compensation from him two-fold. For the honor of the sovereign’s palace court, imprison him [the offender] for six weeks.
3. If someone in the presence
of [his] tsarist majesty draws his saber, or any other weapon, against someone,
and with that weapon wounds someone; and as a result of that wound, that person
whom he wounded dies, or kills him at that time: punish that killer himself with
death as well for that homicide.
4. If someone in the presence of the sovereign draws any weapon against someone, but does not wound or kill [him]: punish that one, cut off his hand.
5. If someone at the sovereign’s palace court, but not in the presence of the sovereign, draws a weapon against someone, but does not wound [him]: imprison that person for three months. But if he wounds [someone]: the wounded person shall exact from him a dishonor compensation and maiming fee equal to double his compensation entitlement. Put him [the culprit] on bond so that, without a decree, he will not ride out of the town where he wounded someone until that time when the wounded person either heals or dies. If the wounded person heals: cut off the hand of the person who wounded him. If the wounded person dies from his wounds: punish with death that person who wounded him.
6. Similarly at the palace court of [his] tsarist majesty in Moscow, or wherever his tsarist majesty happens to be on [his] travels: no one shall shoot from handguns, and from bows, and from any other weapon without the sovereign’s order. No one shall walk about with such weapons at the sovereign’s palace court. If someone at the sovereign’s palace court in Moscow or on the [sovereign’s] travels wounds someone, or kills someone: punish that person with death also.
7. If someone at the sovereign’s palace court in Moscow or on the [sovereign’s] travels proceeds to walk around with handguns and bows, although not to shoot them; and he neither wounds nor kills anyone with that weapon: punish those people for that offense, beat them with bastinadoes and cast them in prison for a week.
8. If someone happens to be billeted in the sovereign’s court villages: those people shall not catch fish for themselves in the sovereign’s ponds and lakes. If someone without the sovereign’s command proceeds to catch fish in the sovereign’s ponds and lakes in the court villages: collect a fine from that person for the sovereign, or inflict on him a punishment that the sovereign decrees.
9. If someone steals anything at the palace court of [his] tsarist majesty for the first time, and that is established conclusively: beat that person with the knout. If that [same] thief is apprehended with stolen property at the sovereign’s palace court a second time: beat that one with a knout again, and cast him in prison for half a year. It that same thief is apprehended with stolen property at the sovereign’s palace court a third time: cut off his hand for that so that others looking on will learn not to commit such a felony, not to steal at the sovereign’s palace court.
CHAPTER 4. - Forgers and Those Who Counterfeit Seals. In It Are 4 Articles.
1. If someone himself criminally writes a charter [purporting to be] from the sovereign to himself; or by his own design rewrites something in a genuine royal charter or in any other chancellery communications, without a decree from the sovereign or a decision from the boyars; or forges the signatures of counselors, and chancellery officials, and scribes: or makes for himself a seal like the sovereign’s seal: after investigation, punish such a person with death for such offenses.
2. If someone feloniously proceeds to remove the sovereign’s seals from the sovereign’s charters, or from any other chancellery communications, and proceeds to affix these sovereign’s seals to any fraudulent documents; or if someone feloniously proceeds to concoct documents and letters and alters chancellery communications without the sovereign’s decree: punish that person with death also, and do not believe his counterfeit documents in any matter.
3. If the person who manufactured such documents dies; and after his death those documents appear in the possession of his relatives or of his stewards; and his relatives and stewards on the basis of those documents proceed to petition the sovereign about some case: investigate them, by what usage those documents came into their possession, where they got them, and whether they knew that those documents were counterfeit. If [others] testify about them in the investigation, or they themselves confess that they knew about the fact that the documents were felonious and counterfeit, but they retained them in their possession for their own profit and greed: similarly punish those people with death.
4. If [others] testify about them in the investigation that they retained those counterfeit documents in their possession not knowing that they were feloniously compiled: do not punish them with death for that. But do not believe those counterfeit documents in any matter. Do not grant a trial on the basis of them against anyone.
CHAPTER 5. - Mintmasters Who Proceed to Make Counterfeit Coins. In It Are 2 Articles.
1. Concerning those mintmasters who proceed to mint copper, or tin, or steel coins; or who proceed to add copper, or tin, or lead to the silver in the minting process, and thereby cause losses to the sovereign’s treasury: punish those mintmasters for such an act with death, pour [molten metal] down their throats.
2. If masters of gold and silver work take from someone gold and silver to process, and proceed to mix copper, and tin, and lead into the gold and silver: after investigation, beat them with the knout for that. Concerning the fact that they caused someone losses by mixing copper, or tin, or lead into the gold or silver: having exacted [the amount of the loss] from them, return it to that person to whom they caused such loss.
CHAPTER 6. - Travel Documents into Other States. In It Are 6 Articles.
1. If someone happens to leave the Muscovite state for a commercial enterprise, or for any other personal purpose, for another state, which state is at peace with the Muscovite state: that person in Moscow shall petition the sovereign, and in the provincial towns the governors, for a travel document. Without a travel document he shall not travel. In the provincial towns the governors shall issue them travel documents without any delay.
2. If governors do not proceed to issue people travel documents quickly, and thus cause people delay and losses, and there are petitioners against them for that, and that is established conclusively: the governors shall be in great disgrace with the sovereign for that. Concerning the fact that they cause people losses: exact [the value of the losses] from them two-fold and return it to the petitioners.
3. If someone travels to any [other] state without a travel document, and then, having been in another state, returns to the Muscovite state; and someone else proceeds to denounce him, [alleging] that he traveled on his own volition without a travel document for treasonous purposes, or for any other reprehensible purpose: on the basis of that denunciation, conduct a rigorous investigation by all methods of inquiry of that person who traveled to another state without the sovereign’s travel document. If they say about him in the investigation that he indeed rode into another state without a travel document to commit treason, or for any other reprehensible purpose: after investigation, punish that person with death for treason.
4. If it is revealed during an investigation that he traveled to another state without a travel document on a trading enterprise, but not to commit treason: inflict punishment on him for that, beat him with the knout, so that others looking on will learn not to do that.
5. Concerning the fact that [some of the] sovereign’s court villages, and rural taxpaying districts, and votchinas and pomest’ia in the possession of people of various ranks of the border towns in the provinces are adjacent to Lithuanian and Swedish border land; and the sovereign’s lands [in the past] have passed to the Lithuanian and Swedish side, and Lithuanian and Swedish land has passed to the sovereign’s side; and the peasants [living in] the sovereign’s court and rural taxpaying districts, and pomeshchiks, and votchinniks, and their slaves and peasants travel across those Lithuanian and Swedish frontier lands from town to town without travel documents, and they meet with Lithuanian and Swedish subjects: do not accuse them of any crime for that because they are living adjacent to Lithuanian and Swedish subjects on the frontier.
6. If pomeshchiks and votchinniks of the frontier towns learn of anything reprehensible, or of treason, among their slaves or peasants: they shall inform the sovereign about that, and in the provincial towns shall submit formal denunciations on the matter to the governors, and bring in their own slaves and peasants for arraignment. The governors shall interrogate those people against whom there is an accusation and shall conduct a rigorous investigation about them, concerning the accusation, by all methods of inquiry and shall write the sovereign about this; imprison those people against whom there is a denunciation until the sovereign [issues] a decree.
CHAPTER 7.
- The Service [sluzhba] of Various Military Personnel of the Muscovite State.
In It Are 32 Articles.
The Sovereign, Tsar, and Grand Prince of all Russia Aleksei Mikhailovich has eternal peace and a treaty with the Polish, and Lithuanian, and Swedish, and other neighboring states.
1. If by some means war breaks out between any [foreign] state and the Muscovite state, or at some time the sovereign resolves to avenge the enmity of his royal foe; and he orders sent against them his own royal boyars and generals, and with them military personnel of various ranks; and for that service the sovereign orders his royal compensation paid to his royal military personnel of the entire Muscovite state: levy cash for that royal compensation to the military personnel from the entire Muscovite state and impose requisitions depending on the nature of the service.
2. Send the sovereign’s orders to the
governors and chancellery officials in the provincial towns concerning the
places where military personnel should report for the sovereign’s service and
the time that they should arrive for the sovereign’s service. Order [them] to
dispatch the military personnel to the appointed places for the sovereign’s
service without any delay.
3. If some of those military personnel happen
to buy food for themselves or fodder for their horses, they shall buy those
provisions from various people at the fair market price.
4. Concerning times when the meadows of various pomeshchiks and votchinniks are not enclosed: at that time military personnel going to the sovereign’s service shall camp on the meadows belonging to anybody without penalty. But at the times when the meadows are enclosed: they shall camp on enclosed meadows on one side of the road for a distance of 11 meters without penalty. They shall not camp farther than 11 meters from the road in those enclosed meadows. They shall not mow the grass nor trample it with their horses. All people shall close the meadows after Trinity Day.
5. When servicemen, going to the sovereign’s service, proceed to buy food and fodder from anyone, those people shall sell military personnel food and fodder at a fair market price. They shall not charge military personnel higher prices for any reason.
6. If certain military personnel, going to the sovereign’s service, proceed to inflict injury on anyone, and that is established conclusively at trial: inflict on those people a punishment depending on the offense. Exact the financial losses [from the culprits] and give them [the financial losses] to those people who were thereby injured.
7. If certain people proceed to sell military personnel food and fodder at a dear price: after trial and investigation, similarly inflict punishment on those people. Return the excess money charged [to the military personnel].
8. Concerning those royal military personnel of all ranks who are in the sovereign’s service in the regiments and are capable of rendering the sovereign’s service as determined by a military review; but they, not waiting for a discharge, flee from the sovereign’s service: compile a decree for them for the flight—he who flees for the first time shall be beaten with the knout. If that same person flees a second time, beat him again with the knout and reduce his pomest’e compensation entitlement by 67 acres, and his cash salary by 1 ruble per 133 acres of pomest’e compensation entitlement. If he flees a third time: beat him again with the knout, confiscate his [entire] pomest’e from him, and distribute it in the allotment [of lands to other pomeshchiks].
9. If a foreigner, or any other mercenary, or a musketeer, or a cossack, or a [peasant or slave] recruit flees from service: having conducted an investigation of those people and having inflicted on them a severe punishment, a beating with the knout, send them back to the regiments for the sovereign’s service, to the generals, escorted by bailiffs. Recover the salary advances made to the mercenaries, and musketeers, and cossacks in proportion to the service time during which they were absent. If the fugitive recruits are not present during the investigation, exact 20 rubles for each man for those fugitive recruits from those people to whom those men who fled from service belong.
10. Boyars and generals shall not discharge military personnel from the sovereign’s service without a royal order. They shall not take bribes and gifts.
11. If boyars and generals, without a royal order, proceed to discharge military personnel from the sovereign’s service, and take bribes and gifts, and that is established conclusively: punish the boyars and generals severely for that, whatever the sovereign decrees.
12. If someone falsely proceeds to petition the sovereign against boyars and generals for taking bribes, does this deliberately, and that is established conclusively: inflict a severe punishment on them, as the sovereign decrees, for dishonoring the boyars and generals and for the false petition.
13. If military personnel in the sovereign’s service proceed to petition the boyars and generals for a discharge from the sovereign’s service on the grounds that their own houses have been destroyed, or their slaves have fled, or for any other most urgent reasons: the boyars and generals shall conduct an investigation about those military personnel [by interrogating] the dvoriane and deti boiarskie, and servicemen of all ranks [qinov sluzhilymi lyud’mi] in the regiments. They shall obtain testimony about them from the servicemen over their signatures. After investigation, temporarily discharge military personnel from the sovereign’s service for the most urgent matters.
14. If at any time there is intelligence about [enemy] troops, and on the basis of that intelligence the approach of [enemy] forces is anticipated: at that time do not discharge military personnel from the sovereign’s service for any reason whatsoever.
15. Concerning those servicemen in the sovereign’s service registered under someone in a unit of one hundred: centurions shall not discharge those servicemen to go anywhere for their own benefit without the sovereign’s order and without a general’s knowledge.
16. If a centurion discharges someone from his unit of one hundred to go somewhere without the sovereign’s order and without a general’s knowledge: inflict punishment for that on the centurions. After denouncing their guilt [openly] before many military personnel, inflict punishment: beat [them] with bastinadoes and cast [them] in prison so that other centurions looking on will learn not to do that.
17. If any servicemen proceed to petition the
sovereign that, because of superannuation, or wounds, or disease, they are
unable to go to the sovereign’s service, and would the sovereign order their
children, and brothers, and nephews, and grandsons who have no pomest’e, who
have come of age for the sovereign’s service, but are not serving in the
sovereign’s service, and are not registered in any ranks, [to serve] in their
stead in his royal service: examine those petitioners in Moscow and in the
provincial towns.
18. If any servicemen proceed to petition the sovereign that they be excused from the sovereign’s service, and testify that they are superannuated, and wounded, or sick; but upon examination they are [deemed] able to be in the sovereign’s service: send such people themselves to the sovereign’s service.
19. If any serviceman, being in the sovereign’s service, flees from battle to his own home, and the generals report on him about this to the sovereign: reduce by half the pomest’e compensation entitlements and the cash compensation entitlements of such men for that flight. Moreover, confiscate from them for the sovereign one-half of their [actual] pomest’ia. Finally, inflict a punishment on them, beat them mercilessly with the knout for that.
20. If someone, being in the sovereign’s service in the regiments, as an act of treason proceeds to abandon the regiments for the enemy regiments; and in the enemy regiments talks about intelligence and about the sovereign’s military personnel; and someone informs about this against him; and that is established conclusively: punish such a deserter with death, hang him in view of the enemy regiments, and confiscate his pomest’ia, and votchinas, and movable property for the sovereign.
21. If someone of the military personnel in
the sovereign’s service runs out of supplies and fodder; and at the time in the
market grain supplies and fodder are selling for a dear price; and, because of
his poverty, he is unable to purchase food and fodder at that price; and if, by
order of his tsarist majesty and after review by the local commanding general,
there is at that time a statutory price for food and fodder for military
personnel that is lower than the market price; and that serviceman who has run
out of grain supplies and fodder in the sovereign’s service proceeds to petition
the sovereign that he be permitted to buy supplies and fodder from someone at
the statutory price because of his poverty: the generals shall send out bailiffs
with such a petitioner to those people whom he saw in possession of grain
supplies and fodder, and order them to take the grain supplies and fodder from
those people at the statutory price.
22. If any servicemen, being in the sovereign’s service, proceed to take grain supplies and fodder from anyone by force, or proceed to rob someone, or proceed to lay waste the houses and gardens where they are billeted, or to cause anyone any other financial losses; and if there are petitioners against them for that; and that is established conclusively: exact those financial losses two-fold from those people who caused anyone any financial losses.
23. Servicemen are free to ride out into pomest’e and votchina forests to gather firewood and any wood needed to build a camp. The votchinniks and pomeshchiks, to whom those forests belong, shall not take declarations from them. They shall not for any reason ride into the frontier defense line forests or into any other forbidden forests. Servicemen shall cart away firewood and any wood for camp construction for themselves, but not for sale.
24. If any military personnel, being in the sovereign’s service; or any, who are not military personnel, traveling somewhere on a trip for their own affairs, pitch a tent on a field near the grain, and their horses trample the grain and knock the seeds out; or, having harvested any grain, they bring it to their camps to feed the horses: order them to pay in cash for that trampled grain two-fold without any mercy at the price assessed for that trampled grain by impartial third persons. Moreover, after review, inflict punishment on these same people for that.
25. If a serviceman, being in the sovereign’s service, desires to buy grain supplies or fodder from someone at the statutory price, but has his own supplies and fodder adequate to cover his needs: order him not to buy such grain supplies and fodder at the statutory price. If he takes any supplies from someone at the statutory price, and it is established about that conclusively that he has his own supplies and fodder besides that [which he had purchased at the statutory price]: exact from those people for such seized supplies the statutory price in cash two-fold. Give [the sums] back to those people from whom they illegally bought those supplies so that others looking on will learn not to do that.
26. If horses belonging to any of the
servicemen in the sovereign’s service wander off from the camp, or flee
somewhere from the herds; and someone finds and apprehends such horses
somewhere: that person shall bring those horses for a declaration for
registration to the generals in the regiments. If at that moment it happens that
the generals are away somewhere from the regiments on an official mission, bring
those horses for a declaration to the judges in the regiments, or to the
centurions.
27. If someone in the sovereign’s service fails to bring in found horses for a declaration, and does not bring in found movables for a declaration, and there are petitioners against him for that; and if it is established that those horses and that gear are not his, as alleged in someone’s petition: after investigation, deprive him of those horses and movables and give [them] back to the petitioners.
28. If someone, in service in the regiments, steals a weapon from someone: mercilessly beat that person with the knout. Concerning that which he stole: exact it from him and give it to the person from whom he stole it.
29. If someone in service steals a horse from someone else: cut off his hand for that theft.
30. If some military personnel, riding to the
sovereign’s service, or returning to their homes from the sovereign’s service,
proceed to billet in houses in hamlets and in villages, or in threshing barns,
for felonious purposes and proceed to plunder, commit murder or rape, trample
the grain in the threshing barns, or catch fish illegally from ponds and
nurse-ponds or cause any other injury to anyone of any sort; and there are
petitioners against them for that; and that felonious conduct of theirs is
established conclusively at trial and investigation: punish those who committed
homicide or rape with death.
31. If someone deliberately slanders servicemen by [filing] such a case, and that is established conclusively: inflict on that person who slanders someone with such a case the same punishment as would be meted out to that person whom he slandered with such a case.
32. If any serviceman, traveling to the
sovereign’s service, or riding [home] from the sovereign’s service, approaches
someone in camp out of enmity with intent to commence a fight; and an argument
and a fight ensue between them in the matter; and if in the fight that person
who illegally rode into someone else’s camp kills, or wounds, or robs someone:
after investigation, punish that person with death also for the murder.
CHAPTER 8. - The Redemption of Military Captives. In It Are 7 Articles.
1. To ransom military captives, annually
collect money at the rate of .04 ruble per household from the towns of the
entire Muscovite state: from the households of townsmen, and post drivers, and
various residents who are living in towns in urban taxpaying districts; and from
rural areas, and from peasants and landless peasants residing on estates
belonging to the patriarch, and metropolitans and archbishops, and bishops, and
monasteries. [Tax] peasants living in the sovereign’s court villages, and in
rural taxpaying districts, and on pomest’ia, and on votchinas at the rate of .02
ruble per household. [Tax] servicemen, musketeers, and cossacks, and
artillerymen, and gunners, and gatekeepers, and carpenters and smiths working
for the state treasury, and various servicemen at the rate of .01 ruble per
household.
2. Pay to ransom military captives who are dvoriane and deti boiarskie captured in combat [and later] brought in for ransoming by Turkish and Crimean ambassadors and Greeks an amount determined by their pomest’e compensation entitlements, 20 rubles per 133 acres of land.
3. Concerning those who are seized into captivity not in combat and not on an official embassy: pay to ransom those people 5 rubles per 133 acres.
4. [Pay] 40 rubles apiece for Moscow musketeers.
5. [Pay] 25 rubles apiece for musketeers and cossacks of the frontier towns.
6. [Pay] 20 rubles apiece for townsmen.
7. [Pay] 15 rubles apiece for farming peasants and for slaves.
CHAPTER 9. -Tolls, Ferry Fees, and Bridge Fees. In It Are 20 Articles.
1. Concerning the toll houses
and ferries in the sovereign’s court villages and the rural taxpaying districts;
and on the patriarch’s, and metropolitans’, and archbishops’, and bishops’, and
monasteries’ estates; and on the pomest’ia and votchinas of boyars, and courtiers,
and counselors, and palace intimates, and stol’niki, and
striapchie, and Moscow dvoriane, and state secretaries, and
zhil’tsy, and provincial dvoriane and deti boiarskie,
and foreigners, and people of various ranks; in the hamlets and villages: at
those ferries and toll houses do not collect anywhere tolls, and ferry fees, and
bridge fees from [provincial] dvoriane and deti boiarskie,
and from foreigners, and from various servicemen, and from their slaves and
supplies, and from messengers sent on the sovereign’s affairs.
2. If toll collectors at toll
houses, and ferry fee collectors at ferries, and bridge fee collectors at toll
bridges proceed to collect tolls and ferry fees and bridge fees from servicemen,
and from their slaves and from supplies, and from messengers, in spite of this
royal decree and boyar decision: those people shall petition the sovereign
against those toll collectors, and ferry fee collectors, and bridge fee
collectors.
3. If servicemen’s slaves and
peasants transport their supplies in the absence [of their lords] that are not
for sale; and the toll collectors, and ferry fee collectors, and bridge fee
collectors exact tolls, and ferry fees, and bridge fees from these slaves and
peasants of theirs, and those slaves and peasants of theirs testify under the
sovereign’s oath about this: on the basis of those slave and peasant testimonies
similarly exact the [illegally collected] tolls, and ferry fees, and bridge fees
from the toll collectors, and ferry fee collectors, and bridge fee collectors
three-fold and give it back to those people from whom it was [illegally]
collected.
4. If various people of Moscow ranks, and provincial dvoriane, and deti boiarskie, and foreigners proceed to convoy with them merchants of various ranks with their merchandise through the toll houses, and on ferries, and across toll bridges, and that is established: beat those people with the knout. Collect from them the tolls, and bridge fees, and ferry fees [that should have been paid] three-fold, and give them to the toll collectors, and ferry fee collectors, and bridge fee collectors.
5. Concerning merchants of various ranks who at ferries and toll houses fraudulently identify themselves with the names of servicemen, and that is established: inflict punishment on those people for that, beat them with the knout and collect a fine for the sovereign of 5 rubles per person. Collect the fine from such people in Moscow and in the provincial towns, where the complaints against them about that [are made].
6. No one’s slaves and peasants, but only townsmen and peasants of court villages shall serve as chiefs and sworn assistants in customs houses, and in taverns, and in toll houses, and on ferries, and on toll bridges, which customs houses, and taverns, and toll houses, and ferries, and toll bridges are in the provincial towns, and in the provinces, in the sovereign’s court villages and in rural taxpaying districts in the provinces.
7. In the winter time, no one shall chop away the ice on the rivers from off the shores and around toll bridges in order to collect the bridge tolls [by forcing people to use the bridges rather than crossing the rivers on the ice] in towns, and in the sovereign’s court villages, and in the rural taxpaying districts; and on estates belonging to the patriarch, and the metropolitans, and the archbishops, and the bishops, and the monasteries; and on votchinas and pomest’ia belonging to boyars, and courtiers, and counselors, and stol’niki, and striapchie, and Moscow dvoriane, and state secretaries, and zhil’tsy, and provincial dvoriane, and deti boiarskie, and palace officials. Do not cause financial losses to those servicemen, merchants, and people of various ranks. If someone for his own benefit chops away the ice around a bridge, and that is established: inflict punishment on those people, beat [them] with the knout, and collect a fine as decreed by the sovereign.
8. Do not collect a camping fee from servicemen on the roads, in the villages, and in the hamlets. Issue a firm decree on that matter in Moscow. Order the criers to cry it out for many days. Send the sovereign’s charters [about it] into the provincial towns. Similarly order a firm decree issued about that in the towns so that no one anywhere will ever collect a camping fee from servicemen.
9. Concerning [places] in villages, and in hamlets, and along the roads at bridges, and at dams, and at rivers, and at ferries, and at markets where from antiquity there was no toll house: no one shall conjure up end establish new toll houses in those places by any means, except in those places in which there have been toll houses and ferries from antiquity, and for which toll houses, and ferries, and toll bridges grant charters were given to someone.
10. If someone sets up a new toll house, or ferry, or toll bridge for his own gain on his own initiative, without a[n authorizing] decree, confiscate all of that from him for the sovereign.
11. Concerning the toll bridges and ferries belonging to someone on a votchina or on a pomest’e on the basis of grant charters from antiquity: those people on their own votchinas shall keep the corduroy roads, and bridges, and dams along the roads in repair on their own account. These corduroy roads and bridges on their properties shall be kept in solid condition so that various travelers will experience no wasted time, and delay, and financial losses on those bridges and corduroy roads for any reason.
12. If someone, a pomeshchik
or votchinnik, on his pomest’ia and votchinas proceeds to collect tolls and
ferry fees and bridge fees, but does not order the bridges, and corduroy roads,
and dams kept in repair; and if traveling servicemen and various [other] people
proceed to suffer any financial losses in those places where the bridges, and
dams, and corduroy roads are in bad repair; and horses, or supplies, or service
and [various] other movables belonging to servicemen, and merchants’ wares, or
anything else belonging to anyone sinks to the bottom or gets stuck: all those
travelers shall collect all those financial losses after trial and investigation
from those pomeshchiks and votchinniks who possess those decrepit bridges, and
dams, and corduroy roads.
13. If, where the bridges and ferries belong to the sovereign and there are trusted chiefs and sworn assistants, or revenue farmers, and travelers proceed to experience financial losses and wasted time because their bridges, and flat-bottomed ferries, and rafts are decrepit: travelers shall collect those financial losses from the trusted chiefs and sworn assistants or from the revenue farmers after trial and investigation. Firmly order the trusted chiefs, and sworn assistants, and revenue farmers that they must see to it personally that their bridges, and the flat-bottomed boats, and other boats, and rafts at the ferries are in good condition so that travelers will experience no wasted time and financial losses on those bridges and ferries of theirs for any reason.
14. If pomeshchiks of votchinniks flood old roads with ponds, or plow up the roads along with their own land for their own benefit: those pomeshchiks and votchinniks, in the place of those old roads, shall construct on their own land, close to the old roads, new roads similar to the old roads so that various travelers with heavy wagon loads will be able to pass easily and not far out if the way on those new roads.
15. If pomeshchiks and votchinniks build the new roads worse than the old ones [were], or if the travel distance is significantly farther than it was on the old road: order those votchinniks and pomeshchiks to restore the old roads.
16. If on anyone’s pomest’e or votchina the passage over the road is difficult, there are no corduroy roads over the mud and no bridges over muddy rivers, and from antiquity there were none; and that pomeshchik or votchinnik proceeds to petition that he be ordered to build bridges over those muddy places for the transit of various people: for his expenditures he shall collect from the travelers a bridge fee equal to [fees on] other bridges. Issue a decree on those new bridges after a visual inspection [of the locale] and an investigation [of the situation].
17. [Where] boats are navigating rivers, do not build new ponds, and dams, and mills on those rivers so that boat navigation will not be interrupted along those rivers by new ponds and dams.
18. If someone constructs a dam on such a river: he shall build gates in that dam for boat passage so that it will be possible for boats to sail through those gates. Moreover, on certain rivers fish nets have been strung across the rivers from of old, not recently, and occasionally there is boat traffic on that river: make a gate also through those fish nets for boat traffic. Order that those nets not be tightly constructed across such rivers so that boat traffic will not be interrupted. There shall be no toll houses set up at those new nets or on ponds or dams.
19. Concerning people of various ranks who, without petitioning the sovereign, of their own free will set up tolls, and ferry fees, and bridge fees along the roads of votchina and pomest’e waterways, and of their own free will they will collect newly established ferry fees and [road] tolls in places where heretofore there were none; and others build new mills, and thereby raise the water, and heretofore in such places there were roads and fords; and with those mill ponds they have obliterated the roads and fords, and are collecting a ferry fee, or a bridge fee, or a toll from people of various ranks: henceforth those ferries, and bridges, and toll houses shall not exist, and those mills, and bridges, and ferries shall be removed.
20. If someone of those people
who have newly set up mills proceeds to petition the sovereign that their mills
not be torn down: in response to their petition, those mills shall be allowed to
stand. But, order them to build good bridges and ferries in those places where
the old roads were for the passage of various people. People of various ranks
shall ride over those bridges and on the ferries of theirs, regardless of whose
they are, without [payment of] a bridge fee and a ferry fee because they built
mills along the roads and set up a ferry landing where previously there had been
none, on their own free will for their own profit without petitioning the
sovereign.
CHAPTER 10. - The Judicial Process. In It Are 287 Articles.
1. The judicial process of the Sovereign, Tsar, and Grand Prince of all Russia Aleksei Mikhailovich shall be directed by boyars, and courtiers and counselors, and state secretaries, and various chancellery officials, and judges. All justice shall be meted out to all people of the Muscovite state, from the highest to the lowest rank, according to the law. Moreover, arriving foreigners and various people from elsewhere who are in the Muscovite state shall be tried by that same judicial process and rendered justice by the sovereign’s decree according to the law. No one on his own initiative shall out of friendship or out of enmity add anything to or remove anything from judicial records. No one shall favor a friend nor wreak vengeance on an enemy in any matter. No one shall favor anyone in any matter for any reason. All of the sovereign’s cases shall be processed without diffidence to the powerful. Deliver the wronged from the hand of the unjust.
2. Disputed cases which for any reason cannot be resolved in the chancelleries shall be transferred from the chancelleries in a report to the Sovereign, Tsar, and Grand Prince of all Russia Aleksei Mikhailovich and to his royal boyars, and courtiers and counselors. The boyars, and courtiers and counselors shall sit in the Palace [of Facets], and by the sovereign’s decree shall handle the sovereign’s various cases all together.
3. If a judge is an enemy of the plaintiff and a friend, or relative, of the defendant, and the plaintiff proceeds to petition the sovereign about that prior to the trial, [saying] that he is unable to bring a suit before that judge; or if a defendant proceeds to petition prior to a trial that the judge is a friend, or relative, of his plaintiff, and that he is unable to defend himself before that judge: that judge against whom there is such a petition shall not try that plaintiff and defendant. Another judge, whom the sovereign will appoint, shall try them.
4. But if a plaintiff or defendant proceeds to petition against a judge after a trial on grounds that the latter is a relative [of the opposing litigant], or was hostile: do not believe that petition, and do not transfer the case from chancellery to chancellery so that there will be no excessive delay for the plaintiff and defendant in this matter.
5. If a boyar, or courtier, or counselor, or state secretary, or any other judge, in response to bribes of the plaintiff or defendant, or out of friendship or enmity convicts an innocent party and exculpates the guilty party, and that is established conclusively: collect from such judges the plaintiff’s claim three-fold, and give it to the plaintiff. Collect the legal fees, and the judicial transaction fee, and the legal tenth for the sovereign from them as well. For that offense a boyar, and courtier, and counselor shall be deprived of his rank. If a judge not of counselor rank commits such an injustice: inflict on those people a beating with the knout in the market place, and henceforth they shall not try judicial cases [i.e., they shall be deprived of their offices].
6. In the provincial towns, apply that same decree to governors and state secretaries, and various chancellery officials for such injustices.
7. If someone petitions against a judge that he
pronounced a verdict against him unjustly, in response to bribes; and that his
brother, of son, of kinsman, or slave took the bribe for the judge in that
unjustly resolved case: transfer that case before the boyars, and compile the
decree in that matter depending on the case. Arrange an eye-to-eye confrontation
between the petitioner and that person whom he accused of taking bribes.
8. But if it is established that the bribe was taken without the knowledge of the judge: inflict punishment on that person who took the bribe for the judge (but the judge did not know it), beat him with the knout mercilessly. Take from him what he took for the sovereign’s treasury three-fold. Imprison him until the sovereign [issues] a decree.
9. If a petitioner deliberately files such a case falsely against a judge, and he lost the case on its merits, and not because of bribes: similarly beat that petitioner himself with the knout mercilessly for his false petition. That person whom he slandered shall exact from him a dishonor compensation three-fold. Imprison him [the slanderer] until the sovereign [issues] a decree.
10. If a boyar, or courtier, or counselor, or state secretary, or any other judge commits an error [out of ignorance] and pronounces a verdict against someone contrary to justice, but without evil intent; and it is established about that conclusively that he acted without evil intent: he [shall suffer] for that whatever [sanction] the sovereign decrees, and all the boyars shall resolve the case. If for some reason all the boyars are unable to resolve that case, grant a [re]trial in that case from the very beginning
11. Scribes shall record
judicial proceedings in the chancelleries. There shall be no crossing out, or
insertions between the lines, or erasing in these transcripts. When the trial is
over, the plaintiff and the defendant shall affix their signatures to those
transcripts. Those who are illiterate shall have people they trust affix their
signatures in their stead.
12. If a state
secretary, favoring someone because of bribes or friendship, or wreaking
vengeance on someone because of enmity, orders the scribe to write out the court
record not as it was at trial and as written down in the prior transcript signed
by the plaintiff and the defendant, and by that state secretary’s instruction
the scribe writes down the court record not according to the actual case, and
that is established conclusively: inflict punishment on the state secretary for
that, beat him in the market place with the knout, and he shall no longer serve
as a state secretary.
13. If someone proceeds
to petition against a scribe, that he favored either the plaintiff or defendant
in [writing down] the official court record, or showed the court record to a
plaintiff or a defendant, take away the official record in dispute from the
scribe and give it to another scribe. If henceforth, thanks to favoritism by the
state secretary, that disputed official record turns up in the hands of that
same scribe from whom that record was taken away: or, thanks to favoritism by
the same state secretary, at the design of a plaintiff or a defendant a scribe
removes it from the chancellery with any evil intent whatsoever, and he is found
with that record out of town, or at a private house, and it is established about
that conclusively that that record was taken out of the chancellery by order of
the state secretary: in that case exact the plaintiff’s claim and the
sovereign’s fees from the state secretary because of the state
secretary’s favoritism.
14. If any petitioner proceeds to petition against anyone without [stating] a case; and the boyars, and courtiers, and state secretaries, and other judges [summarily] dismiss his [petition]; and if he proceeds to petition the sovereign mendaciously about the same [alleged] case against a boyar, or courtier, or state secretary, or scribe, and it is established about that conclusively that he lied: for dishonoring the boyars, and courtiers, and state secretaries, and governor, and judge, and for the false petition, beat that petitioner with the knout. For dishonoring a scribe, beat that petitioner with bastinadoes.
15. If a judge does not proceed to resolve judicial cases because of his own self-interest, and there are petitioners against him [accusing him of] that; and it is established about that conclusively that he is not resolving judicial cases because of his own self-interest, and that he is causing the petitioner delay and financial losses in the case: [inflict on] that judge for his offense the punishment that the sovereign decrees. Order him to resolve judicial cases without any delay so that plaintiffs and defendants personally will experience no delays and financial losses in judicial cases.
16. Also, if a state secretary or a scribe does not proceed to process cases promptly because of a bribe; and petitioners have to devote much time to those cases; and there are petitioners against the state secretary or against the scribe for that; and it is established about that conclusively that a state secretary or scribe created lengthy delay for a bribe, and it would have been possible for him to process that case more promptly: for that the petitioner after investigation shall exact from the state secretary or from the scribe maintenance expenses from the date when the case commenced through the date when the petitioner proceeds to petition about the matter at the rate of .20 ruble per day. Moreover, inflict punishment on them for that, beat state sectaries with bastinadoes, and scribes with the knout.
17. If petitioners themselves do not proceed to pursue [their] cases, and proceed to petition falsely against state secretaries and scribes [with an accusation] of contrived procedural delay; and it is established about that conclusively that they petitioned falsely about that: do not fault the state secretaries and scribes for that, but inflict on such petitioners for their false petition the same punishment as is decreed for state secretaries and scribes.
18. If someone proceeds to bring suit on some matter against someone in which he deliberately slanders the accused; and at trial it is established about that conclusively that he filed a slanderous suit, deliberately desiring to ruin someone: defendants shall exact [their] maintenance expenses from such plaintiffs for their calumnious damage at the rate of .10 ruble per day from that date when the judicial case begins through that date when the judicial case is resolved so that they and others like them henceforth will learn not to cause anyone financial losses deliberately with such slanderous suits of theirs.
19. Moreover, if a plaintiff proceeds to bring suit against someone for a sum exceeding the amount due, and at trial and investigation it becomes clear that he should collect less from the defendant than he sued for: order him to collect from his defendant the amount which that defendant of his owes him. Reject his claims for the excess that he wrote down in his plea above the amount of that legitimate suit of his. Exact from him three-fold the sovereign’s fees on the excess amount of the suit [to teach the lesson]: sue for the correct sum, and do not add any excess.
20. Concerning people
who have reason to petition the sovereign about their own judicial cases and
about any other cases: such people shall submit their petitions about those
cases of theirs in the chancelleries to the boyars, and courtiers, and
counselors, and various chancellery officials in whose chancellery jurisdiction
they are. If they will not grant him a trial in the chancellery or will not
compile a decree for him in response to his petition: he shall petition about
that and submit the petitions to the sovereign. In his petitions he shall
describe the case about which he petitioned earlier in the chancellery, but in
which no decree was compiled for him in the chancellery.
21. Concerning people who, after [the conclusion of a] trial, proceed to bring signed and unsigned petitions to add to the court records; and in those petitions they write down additional matters to supplement the judicial case which [they allege] would prove them correct [in the suit], but they did not produce such matters at trial: do not receive from them such signed and unsigned petitions [for addition] to the court records. Resolve such cases on the basis of what was recorded at the trial [itself].
22. After [the
conclusion of a] trial, judges on their own initiative, out of friendship or
enmity for someone, shall not add to the court record anything beyond what the
plaintiff and defendant said at trial, nor shall they remove anything. They
shall not receive from a plaintiff or a defendant any written legal evidence or
notes after trial, other than that which was submitted at trial, and those legal
documents which were revealed at trial in written and oral evidence. Concerning
those documents [whose existence] the plaintiff or defendant reveals in written
or oral evidence, but which are not presented at trial at that time: interrogate
them about those documents at the trial itself, where they have such documents.
If they testify that they have such documents in Moscow, order them to present
such documents promptly. But if they testify that they have such documents in
the provincial towns: grant them a time limit based on the distance [from Moscow
to the provincial towns], according to the sovereign’s decree, [to retrieve]
such documents.
23. If in a chancellery
by the sovereign’s decree there is a boyar, or courtier, or
counselor with associates, three or four men: and at some time one or two of
them do not come to the chancellery because they are ill, or are occupied by any
other pressing personal domestic concern, or some one of them is on a mission
away from Moscow; and at that time plaintiffs proceed to petition against
defendants for a trial: at that time their associates who are in Moscow in the
chancelleries shall try the plaintiffs and defendants.
24. If a judge does not proceed to go to [work in] a chancellery because of his own stubbornness, desiring not to be in that chancellery except on family business, and not because of illness or any other kind of pressing concern, and he is absent from the chancellery for many, days: inflict on that judge for his offense a punishment that the sovereign decrees. Order him to attend to the sovereign’s business and to resolve all judicial cases without delay so that no people, on account of a judge or other chancellery official, will experience excessive delay and maintenance expenses in any chancellery.
25. On Sunday no one
shall hold trials and work in the chancelleries. No business shall be conducted
except the most essential affairs of the sovereign.
26. Before Sundays, on
all Saturdays Orthodox Christians shall cease all work and commerce and shall
close up the shop rows three hours before sundown. On Sunday do not open the
shop rows, and do not trade in anything except food commodities and horse
fodder. Food commodities and horse fodder, oats and hay, shall be sold
unhindered on any day and at any hour. No one shall do any work on Sunday, and
on the Lord’s holidays it shall be the same as on Sundays.
27. If a boyar, or courtier, or counselor verbally dishonors the patriarch: for the patriarch’s dishonor, a boyar, and courtier, and counselor, after investigation, shall be sent as a slave to the patriarch.
28. If a boyar, or courtier, or counselor verbally dishonors a metropolitan, or archbishop, or bishop: for dishonoring a metropolitan, and archbishop, and bishop, a boyar, and courtier, and counselor shall pay a metropolitan 400 rubles, an archbishop 300 rubles, a bishop 200 rubles for the dishonor. If someone has no means to pay: for dishonoring a high church official, send him as a slave to the high church official if [the case is] established conclusively.
29. If a boyar, or courtier, or counselor dishonors an archimandrite, or hegumen, or person of any other monkly rank: for the dishonor, after trial and investigation, they shall pay the dishonor compensation according to the sovereign’s decree.
30. If the patriarch, or a metropolitan, or archbishop, or bishop, or archimandrite, or hegumen, or cellarer, or treasurer, or person of any other monkly rank is verbally dishonored by a stol’nik, or striapchii, or Moscow dvorianin, or merchant of the first merchant corporation, or state secretary, or zhilets, or dvorianin, or provincial syn boiarskii, or foreigner, or palace court official, and that is established conclusively at trial and investigation: compile for them a decree for such a dishonor [as follows]—[for dishonoring] the patriarch, beat [the guilty party] with bastinadoes; [for dishonoring] a metropolitan, imprison [the guilty party]; [for dishonoring] an archbishop and bishop, also imprison [the guilty party].
31. If the patriarch, or
a metropolitan, or archbishop, or bishop, or archimandrite, or hegumen, or
cellarer, or treasurer, or person of any other monkly rank is verbally
dishonored by a member of the second and third merchant corporation, or a
taxpayer of the taxpaying hundreds and settlements, or a musketeer, or cossack,
or gunner, or anyone else, of whatever rank, and that is established
conclusively at trial or investigation, compile a decree against them for that
[as follows] - for [dishonoring] the patriarch, subject [the guilty party] to a
beating [with the knout] in the market places, and imprison [him] for a month;
for [dishonoring] a metropolitan, beat [the guilty party] with bastinadoes and
imprison [him] for four days; for [dishonoring] an archbishop or bishop, beat
[the guilty party] with bastinadoes and imprison [him] for three days.
32. The archimandrite of the Life-Giving Trinity Sergei Monastery, 100 rubles; the cellarer of the same monastery, 80 rubles; the treasurer, 70 rubles; the cathedral elders, 40 rubles apiece.
33. The archimandrite of the Nativity Monastery of Vladimir, 90 rubles; the cellarer, 70 rubles; the treasurer, 60 rubles; the cathedral elders, 20 rubles apiece.
34. The archimandrite of the Miracles Monastery, 80 rubles; the cellarer, 60 rubles; the treasurer, 50 rubles; the cathedral elders, 20 rubles apiece.
35. The archimandrite of the Savior Monastery at Novoe, 70 rubles; the cellarer, 50 rubles; the treasurer, 40 rubles; the cathedral elders, 20 rubles apiece.
36. The archimandrite of the St. George Monastery of Great Novgorod, 70 rubles; the cellarer, 50 rubles; the treasurer, 40 rubles; the cathedral elders, 20 rubles apiece.
37. The archimandrite of the St. Simon Monastery, 60 rubles; the cellarer, 50 rubles; the treasurer, 40 rubles; the cathedral elders, 20 rubles apiece.
38. The archimandrite, of the Mother of God Monastery of Sviiazhsk, 60 rubles; the cellarer, 40 rubles; the treasurer, 35 rubles; the cathedral elders, 15 rubles apiece.
39. The archimandrite of the Andronik Monastery, 60 rubles; the cellarer, 40 rubles; the treasurer, 35 rubles; the cathedral elders, 15 rubles apiece.
40. The archimandrite of the Transfiguration Monastery of Kazan’, 60 rubles; the cellarer, 40 rubles; the treasurer, 30 rubles; the cathedral elders, 15 rubles apiece.
41. The archimandrite of the Hypatian Monastery of Kostroma, 60 rubles; the cellarer, 40 rubles; the treasurer, 30 rubles; the cathedral elders, 15 rubles apiece.
42. The archimandrite of the Caves Monastery of Nizhnii Novgorod, 50 rubles; the cellarer, 30 rubles; the treasurer, 25 rubles; the cathedral elders, 15 rubles apiece.
43. The archimandrite of the Futyn’ Monastery of Novgorod, 50 rubles; the cellarer, 30 rubles; the treasurer, 25 rubles; the cathedral elders, 15 rubles apiece.
44. The hegumen of the Cyril Monastery of Beloozero, 50 rubles; the cellarer, and treasurer, and cathedral elders of the same monastery, 30 rubles apiece.
45. The archimandrite of the Goritskii Monastery of Pereslavl’, 50 rubles; the cellarer, 30 rubles; the treasurer, 20 rubles; the cathedral elders, 15 rubles apiece.
46. The archimandrite of the Luzhetskii Monastery of Mozhaisk, 45 rubles; the cellarer, 25 rubles; the treasurer, 15 rubles; the cathedral elders, 10 rubles apiece.
47. The archimandrite of the Epiphany Monastery of Rostov, 40 rubles; the cellarer, 20 rubles; the treasurer, 15 rubles; the cathedral elders, 10 rubles apiece.
48. The hegumen of the Epiphany Monastery of Kostroma, 40 rubles; the cellarer, 20 rubles; the treasurer, 15 rubles; the cathedral elders, 10 rubles apiece.
49. The hegumen of the Epiphany Monastery of the Old Clothing Shop District, 40 rubles; the cellarer, 20 rubles; the treasurer, 15 rubles; the cathedral elders, 10 rubles apiece.
50. The hegumen of the Sign [of the Cross] Monastery at Varvarskii Krestets, 35 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles; the cathedral elders, 5 rubles apiece.
51. The archimandrite of the Savior Monastery of Iaroslavl’, 30 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles.
52. The hegumen of the Pafnutii Monastery of Borovsk, 30 rubles; the cellarer, 20 rubles, the treasurer, 10 rubles.
53. The hegumen of the Joseph Monastery of Volokolamsk, 50 rubles; the cellarer, 30 rubles; the treasurer, 20 rubles.
54. The archimandrite of the Savior Monastery of Suzdal’, 30 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles.
55. The hegumen of the [St.] Anthony Monastery of Great Novgorod, 30 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles
56. The archimandrite of the Caves Monastery of Pskov, 30 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles.
57. The hegumen of the Solovetskii Monastery, 30 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles.
58. The hegumen of the Zheltovodskii Monastery of Un’zha, 30 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles.
59. The archimandrite of the Savior Monastery or Riazan’, 25 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles.
60. The hegumen of the Tikhvin Monastery of Great Novgorod, 25 rubles; the cellarer, 20 rubles; the treasurer, 10 rubles.
61. The archimandrite of the Kamenskii Monastery of Vologda, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
62. The archimandrite of the Infant Monastery of Tver’, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
63. The archimandrite of the Vozmitskii Monastery of Volokolamsk, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
64. The archimandrite of the [St.] Daniil Monastery of Pereslavl’-Zalesskii, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
65. The hegumen of the [St.] Ferapont Monastery of Beloozero, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
66. The hegumen from the Boris and Gleb Monastery of Rostov at the river mouth, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
67. The archimandrite or the Solochinskii Monastery of Riazan’, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
68. The hegumen of the Prilutskii Monastery of Vologda, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
69. The archimandrite of the Trinity Monastery of Astrakhan’, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
70. The hegumen of the Viazhitskii Monastery of Great Novgorod, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
71. The hegumen of the Holy Spirit Monastery, also of Great Novgorod, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
72. The hegumen of the Storozhevskii Monastery of Zvenigorod, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
73. The hegumen of the [St.] Paul Monastery of Vologda, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
74. The hegumen of the Glushitskii Monastery, also of Vologda, 20 rubles; the cellarer, 15 rubles, the treasurer, 10 rubles.
75. The hegumen of the Koliazinskii Monastery of Kashin, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
76. The hegumen of the [St.] Cornelius Monastery of Vologda, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
77. The hegumen of the Nikita Monastery of Pereslavl’-Zalesskii, 20 rubles; the cellarer, 15 rubles; the treasurer, 10 rubles.
78. The hegumen of the Kolotskii Monastery of Mozhaisk, 15 rubles, the cellarer, 10 rubles; the treasurer, 8 rubles.
79. The hegumen of the Ugreshskii Monastery, 15 rubles; the cellarer, 10 rubles; the treasurer, 7 rubles.
80. The hegumen of the Holy Cross Monastery in the Arbat [district of Moscow], 15 rubles; the cellarer, 10 rubles; the treasurer, 7 rubles.
81. Concerning those monasteries which are not inscribed in the official ladder [of monasteries], after trial prescribe [the following compensation] for dishonor to them: archimandrites, 10 rubles apiece; hegumens, 8 rubles apiece; cellarers and treasurers, 6 rubles apiece.
82. The dishonor compensation for ordinary elders of all monasteries is 5 rubles apiece.
83. If a metropolitan, or archbishop, or bishop, or archimandrite, or hegumen, or cellarer, or treasurer, or ordinary elders verbally dishonor boyars, and courtiers, and counselors, or stol’niki, or striapchie, or Moscow dvoriane, or merchants of the first merchant corporation, or state secretaries, or zhil’tsy, or dvoriane, or provincial deti boiarskie, or [anyone else] of other ranks, and that is established conclusively: after investigation, they shall pay those people whom they dishonored [sums] for the dishonor equal to their cash salary compensation entitlements assigned by the sovereign. They shall compensate the merchants of the first merchant corporation and people of other ranks according to the legislative articles written below.
84. If an archimandrite, or hegumen, or cellarer, or treasurer, or ordinary elder has no means to pay for having dishonored someone: such people [the plaintiffs] shall exact the dishonor compensation from them mercilessly until that time when they have made an arrangement with the plaintiffs, or when they have become the slaves of their plaintiffs in that case.
85. If someone dishonors an archpriest, or archdeacon, or priest, or deacon of cathedral and treasury-supported churches, and that is established conclusively after trial or investigation; the archpriests, and archdeacons, and priests, and deacons shall exact from them for the dishonor compensations: the archpriest of the Great Cathedral of the Most Pure Mother of God, 50 rubles; the archdeacon, 40 rubles; the keepers of the keys 30 rubles apiece, priests 25 rubles apiece, and deacons 15 rubles apiece; the archpriest of the Annunciation Cathedral, the sovereign’s confessor, 100 rubles; the Annunciation keepers of the keys, and priests, and deacons, [an amount] equal to [their] salary from the sovereign, [their] treasury cash stipends. The archpriests, and archdeacons, and priests of other cathedral churches shall exact for the dishonor sums equal to their compensation entitlements, their cash salary stipends from the sovereign.
86. Concerning priests and deacons of parish churches who have no annual cash salary paid by the treasury: for the dishonor compensation they shall exact [from those who dishonor them] one-half [the rate prescribed] for priests and deacons of the Moscow great Most Pure Cathedral.
87. Provincial archpriests and archdeacons, and priests, and deacons of cathedral churches shall collect for the dishonor compensation the amount of their cash compensation entitlements.
88. [The dishonor compensation for] priests and deacons of parish churches which have no treasury subsidy is one-half that for provincial town cathedral priests and deacons.
89. [The dishonor compensation for] provincial priests and priests without posts is 5 rubles apiece.
90. If a dispute arises among boyars, and courtiers, and counselors; and one of them dishonors another with an insulting word: after trial or investigation exact from those [people] the dishonor compensation specified in the sovereign’s decree.
91. If a stol’nik, or striapchii, or Moscow dvorianin, merchant of the first merchant corporation, or state secretary, or zhilets, or dvorianin, or provincial syn boiarskii, or foreigner, or palace court official dishonors a boyar, or courtier, or counselor: the boyars, and courtiers, and counselors shall exact the dishonor compensation from them after trial or investigation. If someone from those ranks has no means to pay the dishonor compensation to a boyar, or courtier, or counselor: beat them with the knout.
92. If someone of the second and third merchant corporations, of the taxpaying hundreds and settlements, a taxpayer, or a musketeer, or a cossack, or an artilleryman, or a monastery servitor, or people of [any] other ranks, whoever they may be, or a master’s slave verbally dishonors boyars, and courtiers, and counselors, and that is established conclusively at trial and investigation: beat them with the knout for dishonoring boyars, and courtiers, and counselors, and then imprison them for two weeks.
93. If someone, of whatever rank, dishonors stol’niki, or striapchie, or Moscow dvoriane, or state secretaries, or zhil’tsy, or [provincial] dvoriane, or provincial deti boiarskie, or foreigners, or palace court officials, or scribes, or people of any other ranks who have been certified [to receive] the sovereign’s cash salary, and that is established conclusively after trial or investigation: they shall exact their dishonor compensation from those people who dishonor them.
94. If someone dishonors
members of the distinguished Stroganov family, or a merchant of the first
merchant corporation, or merchants of the second or third corporations, or
[people living in] treasury settlements, or townsmen living in the taxpaying
hundreds and settlements and urban areas, or post drivers, or peasants living in
the court villages and taxpaying rural districts, or masters’ slaves, or
peasants living on the lands of pomeshchiks and votchinniks, or wanderers, and
that is established conclusively at trial or investigation, they shall exact for
the dishonor: members of the distinguished Stroganov family, 100 rubles per
man; a merchant of the first corporation, 50 rubles per man, a man of the second
merchant corporation of the top rank, 20 rubles per man; of middling rank, 15
rubles per man; and the junior rank, 10 rubles per man; of the third merchant
corporation of top rank, 15 rubles per man; of middle rank, 10 rubles per man;
of junior rank, 5 rubles per man; [a person living in a] treasury settlement, 5
rubles per man; wealthy urban taxpayers of the taxpaying hundreds and
settlements, 7 rubles per man; middling, 6 rubles per man; poor, 5 rubles per
man; post drivers, 5 rubles per man; the sovereign’s peasants
living in court villages and rural taxpaying districts, 1 ruble per man.
95. If anyone dishonors
secretaries, or deti boiarskie, or household officials of [any]
other rank working for the patriarch, and metropolitans, and archbishops, and
bishops, [such people] shall exact from them [the following] dishonor
compensation: patriarchal secretaries, [the amount of] their compensation
entitlements; patriarchal deti boiarskie, of the first grade, 15 rubles
per man; of the second grade, 10 rubles per man; of the third grade, 5 rubles
per man; cooks, 2 rubles per person; bakers, also 2 rubles per person; grooms, 2
rubles per person; patriarchal singers of the first station, 7 rubles per man;
of the second station, 5 rubles per man; apprentice singers of the great
stations, 5 rubles per man, and of the lesser stations, 3 rubles per man.
96. If anyone dishonors monastery servitors who are employed as scribes, [the latter) shall exact from them for dishonor: a scribe of the Trinity Sergei Monastery, 15 rubles; [scribes in the employ] of the Nativity Monastery of Vladimir, the Miracles Monastery, the Savior Monastery at Novoe, the St. George Monastery in Great Novgorod, [or] the St. Simon Monastery, 10 rubles per man; scribes of other monasteries, 5 rubles per man; ordinary servants of the first grade, 4 rubles per person; of the second grade, 3 rubles per person; and agricultural dependents working at a monastery, 1 ruble per person.
97. [The dishonor compensation] of nuns situated in a nunnery is 5 rubles apiece; for those not situated in a nunnery, 3 rubles apiece.
98. [The dishonor compensation] of church cantors is 3 and 2 rubles apiece; for sextons, 2 rubles apiece; for the women who bake communion bread, 3 rubles apiece.
99. If anybody dishonors with an insulting word someone’s wife, or unmarried daughter, or minor son who is not yet in the service, or whatever rank, the wives, and unmarried daughters, and sons without rank shall exact [the following] for their dishonor compensation after trial and investigation: a wife, [a sum] equal to double the husband’s compensation entitlement; an unmarried daughter, [a sum] equal to four times the father’s compensation entitlement; an unranked son, [a sum] equal to one-half the father’s compensation entitlement.
100. Plaintiffs shall describe precisely the amount [of damages] they are seeking in their claims in the summonses delivered by the court bailiff [to the defendant]. If a claim is written down in a summons to be delivered by a bailiff without an amount [of damages specified]: state secretaries shall not sign such summonses.
101. If a defendant, in response to a summons, posts bond on himself, appears for trial, and having heard the plaintiff’s plea at trial, does not defend himself; and if the claim is written down in the plea with the amount [of damages specified]: direct the verdict against that defendant without trial. Order the plaintiff’s claim, having been exacted from him [the defendant], given to the plaintiff.
102. If a defendant, having heard the plaintiff’s plea at trial, does not defend himself because the plaintiff in his plea failed to write down the amount [sought] in his suit: do not direct the verdict against that defendant without trial. Order the plaintiff to rewrite his plea, and order him to write down his claim with the amount [of damages specified] in that plea.
103. If a plaintiff
sends a summons against someone for any matter whatsoever; and while prosecuting
that case at trial, without leaving the trial, he proceeds to petition against
the defendant for a trial in other matters in separate pleadings: grant him a
trial in those [other] cases with the defendant.
104. If someone, having sent a summons against someone, proceeds to pursue the same case that he initiated, but in his plea in his suit he writes down more or less than what was written in the [initial] summons, and the defendant proceeds to petition against him on the basis of the transcript: direct the verdict against such plaintiffs in their suits because of [the inconsistency revealed by comparison with] this transcript.
105. When judges order
people to appear for trial: the plaintiff and the defendant, having appeared
before the judges, shall sue and defend themselves politely, and peaceably, and
without making a lot of noise. They shall not utter any impolite words in the
presence of the judges, and shall not quarrel between themselves.
106. If anyone, having
arrived in a chancellery for trial, of for any other matter, dishonors the judge
with an improper word, and that is established conclusively: for the sovereign’s
sanction, beat that person either with the knout or bastinadoes, as the
sovereign decrees, and order the judge to exact his dishonor compensation from
him.
107. If a judge proceeds to petition the sovereign falsely for redress against someone in the matter of injured honor, and it is established about that conclusively that he petitioned falsely: after investigation, compile for him for that same decree which would have been necessary for that person against whom he petitioned for redress.
108. When plaintiffs and
defendants, not having come to trial, proceed to bring in continuance petitions
signed by their own hands; and if in their petitions it is written that they are
resolving the suit between themselves, but if they cannot resolve the case by
themselves, then they both should appear in the chancellery for trial on the
date about which they agree between themselves; and if one of them does not
appear on that date, that person by his failure to appear on that date forfeits
the case; and having submitted such a petition, one of them appears alone on the
appointed date in the chancellery, and registers his petition, but the other
does not appear on that date: direct the verdict, on the basis of their mutual
petition, against that one [who defaulted by failing to appear on the appointed
date] - except in cases where registered documents are involved.
109. If in response to a summons a defendant
appears for the trial on the decreed date, but his plaintiff does not appear on
that decreed date and a week after that date: that plaintiff shall forfeit his
case, except in cases where registered documents are involved, and henceforth do
not grant him a trial against that defendant in that suit of his, except in
cases where the same registered documents are involved.
110. Concerning people who, having sent a summons [to a defendant], do not initiate the suit for a week; and the defendants proceed to petition against them about that, that they are not taking any action, and the defendants’ petition and the bailiffs’ testimony are entered in the witness record: reject such plaintiffs after that prescribed week. Henceforth do not grant a trial in that case. Issue the plaintiffs a[n acquittal] notice.
111. If a defendant in a plaintiff’s suit, having posted a surety bond on himself, fails to appear for a trial; and he does not bring his own petition [with his defenses] in the case; a week passes from that date when the bond was posted for him; and plaintiffs [sic] proceed to petition against them [sic], that they are failing to come to trial out of desire to win the case against them by means of delay: direct the verdict against those defendants in the plaintiffs’ suits in accordance with the plaintiffs’ [citation] of the statute [allowing the lapse of a] week after the posting of a surety bond so that no one will suffer delay because of anyone. Do not direct the verdict against the defendant without a surety bond having been posted in response to the summons. On whatever date the surety bond is posted for the defendant for the trial, write down explicitly that date in the surety bond so that, on the basis of that surety bond on that matter it will be known who was put on bond for trial on what date.
112. Concerning a plaintiff, or a defendant, who has posted a surety bond on himself after trial [in which he guarantees] that he will not leave Moscow prior to the resolution of a judicial case; and he leaves; and there is a petition about that against him from that person with whom he is litigating the case; and his guarantors, or his son, or slave, or custodian testifies under interrogation about his departure, and they affix their signatures to their testimony; and on the next day, or the second, or third day that plaintiff, or defendant, against whom the petition was filed because of his departure, appears in Moscow: do not direct the verdict against such plaintiffs and defendants because they left town. But concerning those who fail to appear in Moscow within three days after the guarantors’ testimony: direct the verdict against them because of the departure.
113. Concerning judicial
cases which have been tried, but the plaintiffs and defendants in those cases
have been granted continuances to a specific date for the sovereign’s service,
and the plaintiffs and the defendants have left Moscow: resolve those judicial
cases without the presence of the plaintiffs and the defendants. Inform the
plaintiffs and the defendants of the verdict in those judicial cases on the date
prescribed in the continuance.
114. If anyone in a plaintiff’s suit in response to a summons is put on bail for trial; and the surety bond on him is in the chancellery; and according to that surety bond he is ordered to appear for trial on a date prescribed in a continuance; and he fails to appear in Moscow on the date prescribed in the continuance; and sends no one to trial in his stead; and his plaintiff proceeds to petition against him to the sovereign, [noting] that he has failed to appear on the date prescribed in the continuance: do not direct the verdict against him for that. Issue the sovereign’s summons for him to the plaintiff. Order the plaintiff to exact from him for this royal summons the signature and seal fees, and 3 rubles per month for maintenance expenses and compensation for the delay.
115. If that defendant
does not appear to defend himself in response to the sovereign’s summons, and
sends no one in his stead; but a surety bond has been sent on him: do not direct
the verdict against him without trial for that. Issue a second royal summons,
and order the plaintiff to exact from him for that second summons the signature
and seal fees, and also 3 rubles for a second month for maintenance expenses and
compensation for the delay.
116. If someone in
response to a summons comes to Moscow,
and appears to defend himself on the appointed date, or before the appointed
date which is written in the summons, and his plaintiff proceeds to petition
against him for a trial before that same date: try them before the appointed
date and render justice between them as becomes necessary.
117. If someone does not
appear to defend himself in response to the first summons, and sends no one in
his stead, and a surety bond on him is sent: issue his plaintiff a second
summons for him, and order exacted from him for that second summons the
signature and the seal fees, and also 3 rubles per month for maintenance
expenses and compensation for the delay for the plaintiff.
118. But if a defendant fails to appear for his defense in response to the third summons because he at that time is in the sovereign’s service [sluzhba], and he went to the sovereign’s service because he was sent, and not out of his own desire: do not direct the verdict against such a defendant in a plaintiff’s suit without trial. He shall appear for trial after the service on a specified continuance date. Order exacted from him, without trial, the signature and the seal fees for the two royal summonses, and also the 3 rubles per month for maintenance expenses and compensation for the delay for the plaintiff at that time when after service he appears for trial. If after service he fails to appear for trial on the specified date, and sends no one in his stead, and the plaintiff proceeds to initiate a petition against him about that: order him located, and once he has been located, order the plaintiff’s claim exacted from him without trial.
119. Concerning those
people in the provincial towns who proceed to act contumaciously, do not proceed
to post bond; and the governors write against them about that to the sovereign:
in response to those reports from the governors, send the sovereign’s charters
to the governors in the provincial towns, and order musketeers, and
artillerymen, and gunners, and many people on dispatch sent after such
miscreants. When they are found, order them brought into town for arraignment.
120. If someone is given
three royal summonses against some defendants, and in the provincial towns they
proceed to act contumaciously, do not post bond on themselves in response to the
three royal summonses; and the governors write the sovereign about their
disobedience to all three summonses; and with their reports they send travel
memoranda signed by those people who were sent out after them from the
provincial towns, and signed by third persons, which third persons are
witnesses; and it is established about that conclusively that such defendants
deliberately defied the three royal summonses, [and] refused to post bond: send
out bailiffs from Moscow after such defendants.
121. If plaintiffs and defendants proceed to settle prior to the conclusion of the judicial proceedings: order them to bring settlement petitions, signed by their own hands, for entry into the court records. If a plaintiff and defendant settle before the conclusion of the judicial proceedings, but fail to bring in a settlement petition for the record; and, without paying the sovereign’s fees, they leave Moscow; and if this becomes known to the judges in the chancellery: order the sovereign’s fees exacted for them from their guarantors who happen to be present in person.
122. If the guarantors leave as well: order those fees of the sovereign exacted from them, or from their slaves and peasants, in the provincial towns where they live. To exact such money by beating them on the shins in the righter, send a bailiff from Moscow. Order the bailiff to exact his travel expenses from them also, or from their slaves and peasants, whoever happens to be personally present.
123. After trial, obtain
appearance guarantee bonds for the plaintiffs and defendants which [guarantee]
that those plaintiffs and defendants will not leave Moscow without a special
decree until the resolution of the case. Order the bailiffs to collect such
guarantee bonds. Such guarantee bonds shall be submitted into the record
promptly after trial. Order the plaintiff and the defendant not to be dismissed
after trial without such a performance bond.
124. Collect fees on judicial cases for the sovereign’s treasury from boyars, and from courtiers, and from counselors, and from stol’niki, and from striapchie, and from Moscow dvoriane, and from state secretaries, and from zhil’tsy, and from musketeer commanders, and from [provincial] dvoriane, and from provincial deti boiarskie, and from foreigners, and from merchants of the first merchant corporation, and from palace court officials of all ranks, and from scribes, and merchants of the second and third corporations, and townsmen of the taxpaying hundreds and settlements, and from the weavers and merchants of the Kadashi settlement, and from the custodians of [the sovereign’s] tents, and from gardeners, and from cossacks, and from artillerymen, and from gunners, and from post drivers, and from various servicemen except musketeers, and peasants and landless peasants living in the sovereign’s court villages and on pomest’ia and on votchinas: .10 ruble per ruble [of the value of a suit], and the judicial transaction fee of .20 ruble for the trial, and .02 ruble for the legal tenth. Collect double these fees for counterfeit debt contracts, and for notes, and for illegal activity. For which illegal activity those fees shall be collected two-fold is written in the articles below this.
125. Concerning the fees from judicial cases that have been granted to the custodians of [the sovereign’s] tents and palace court officials: they shall collect those fees according to statute as before, but collect the remaining fees for the sovereign’s treasury.
126. Do not collect the
sovereign’s fees, and the judicial transaction fee, and the legal tenth in
judicial cases from the Moscow and from the provincial musketeers on the
musketeers’ own suits for sums under 12 rubles. But if a non-musketeer proceeds
to sue a musketeer for 100 rubles, and at trial the musketeer is found liable in
that suit: do not collect the fees on the 100 rubles from that suit.
127. Concerning the sovereign’s fees, the judicial transaction fee, and the legal tenth that it is necessary to collect from people for judicial cases: collect those judicial fees from them for the sovereign’s treasury in full. Do not refund such judicial fees to them. Do not sign petitions [requesting a refund] of such judicial fees for anyone.
128. Registration log books signed by state secretaries shall be [kept] in all chancelleries for [recording] the sovereign’s judicial fees and recording judicial cases. Scribes shall enter judicial cases in such books immediately after the trial is over so that it will be known who sued whom for what on what date, and how much of the sovereign’s fees must be collected from that case.
129. If a scribe fails
to register a judicial case in the [log] book so that it will be unknown how
much must be collected for the sovereign’s fees from that case, in order to
enrich himself with those fees, and that is established conclusively, or someone
denounces him openly: inflict punishment for that on that scribe, order him
beaten with the knout at the chancellery in the presence of many people. Order
the fees for that judicial case exacted from that person from whom those fees
are due.
130. If a governor, or
chancellery official, or elder of the felony control administration in the
provincial towns holds a trial in any case whatsoever, but for some reason does
not resolve that judicial case; and he sends that judicial case to Moscow for
resolution; but he does not send the surety bonds on the plaintiff and on the
defendant with that case; and the plaintiff or the defendant comes to Moscow
alone and proceeds to petition the sovereign for a resolution of that judicial
case; and, in response to the plaintiff’s or to the defendant’s petition that
judicial case is resolved; and it becomes necessary to collect the sovereign’s
fees and the plaintiff’s claim from someone for that case, but there is no one [present]to
collect those fees and the plaintiff’s claim from because the person from whom
those fees and the claim should be collected is not in Moscow, and the surety
bond on him was not sent: write about that to the judge who tried that judicial
case in the provincial town and sent it to Moscow, and order him to send the
surety bonds on the plaintiff and the defendant to Moscow.
131. If that judge fails to send the surety bonds on the plaintiff and the defendant, and writes back that surety bonds were not taken in that case in his [court] after trial on the plaintiff and on the defendant; or he writes back that he has no surety bonds at all in that judicial case on the plaintiff and on the defendant: exact that claim, and the judicial fees, and the maintenance expenses of the winning litigant from the judge according to statute.
132. If a defendant dies after the time when he is found liable in a plaintiff’s suit, but he did not settle accounts with the plaintiff prior to his death: order the plaintiff’s claim on such deceased defendants [sic] exacted from his wife and children, or from a brother who, after his death, remains in his house and [inherits] his movable property.
133. If someone who has
a pomest’e and a votchina and is a propertied and wealthy person of any rank
proceeds to boast that he is going to kill a particular person, and that person
against whom he boasts proceeds to petition the sovereign that the sovereign
order that he be granted a protective [restraining] charter containing a
provision for a huge [preventive] fine, and that the sovereign order written in
the protective [restraining] charter a sum of 5,000, or 6,000, or 7,000 rubles,
and more against that person who boasted [that he would kill] him: issue that
person such a protective [restraining] charter.
134. If after [the issuance of such] a prohibition charter the slaves of both [litigants], the plaintiff and the defendant, meet without the knowledge of their owners somewhere in the market, or on the road, or in a tavern and begin a fight and a murder occurs among them, or they wound someone among themselves: both sides, the plaintiff and the defendant, are free from violation of the prohibition in this matter. They shall initiate a trial in the matter of that battle and the maiming of their slaves. After trial, compile for them the decree that is necessary.
135. If someone who has
no pomest’e and no votchina, or a mercenary foreigner, or anyone else, boasts
that he is going to kill someone either directly [to the intended victim] or out
of his presence, and that person against whom the boast was made proceeds to
petition the sovereign against him: grant a trial against him, and conduct an
investigation at the trial.
136. If someone proceeds
to sue another person for assault and robbery, and the defendant does not deny
the assault, but about the robbery says that he did not rob: order the plaintiff
to exact from him for the maiming and dishonor his compensation entitlement
two-fold, and the fine on him which the sovereign decrees. For the robbery,
compile the decree for them that is necessary on the basis of the judicial case.
137. [State secretaries] shall issue summonses to be delivered by bailiffs over their signatures to plaintiffs, and when the state secretary signs that summons: register that summons in the [log] book of that same date on which date the summons is signed. Having registered it in the [log] book, give that summons to the bailiff. He, having located the defendant, on the basis of that summons shall put him on bonds, and set a date for the defendant to come to trial without any delay. When the bailiff cannot find the defendant in town: the bailiff shall go after that defendant to his house. On the basis of the summons, put him on bond for trial without any delay accordingly.
138. If a defendant proceeds to hide from the bailiff, and proceeds to say that he is not at home in his house: the bailiff, taking companions with him, shall stand guard at his house for a day, and two, and three. When that defendant himself, or his slave, or custodian leaves the house: the bailiff, having arrested that defendant, or his slave, or custodian, shall bring him to the chancellery, and shall tell the judges about him. The judges shall put him on performance bonds for trial accordingly.
139. If the bailiff on
the basis of the summons apprehends the defendant or his slaves at his gates, or
somewhere on the street, and proceeds to ask him for performance bonds for
trial; or brings him into town; and that defendant, or his slave, fights his way
free from the bailiff: the bailiff shall inform bystanders about their [conduct]
in that place where they fought their way free from him. Having written down the
names of the bystanders, [the bailiff] shall submit them to the judges in the
chancellery over his signature. The judges shall order that an investigation of
those bystanders be conducted.
140. If no bail [is
posted] by those slaves who after his [flight] were taken to the chancellery
from his house: detain those slaves of his in the chancellery until that time
when he himself appears. If he does not appear for a long time, desiring thereby
to exhaust his plaintiff by delay; and [if] the plaintiff proceeds to petition
that a bailiff be sent after him to his pomest’e or votchina: send a bailiff
after him to his pomest’e or votchina.
141. If that defendant
hides from the bailiff in the countryside, or acts contumaciously: the bailiff
shall bring with him in his stead a slave, or his peasant also under bond. If he
[the defendant] has no slaves or peasants, and there is no one [for the bailiff]
to take with him, the bailiff shall submit to the chancellery his trip report
about that over his signature. On the basis of that trip report the judges shall
dispatch a different bailiff a second time after that disobedient fellow. They
shall send the sovereign’s message to the governor in that town where that
disobedient fellow lives so that the governor will assign musketeers, and
gunners, and artillerymen, as many men as needed, to that bailiff, so that the
bailiff has the men he needs to arrest that disobedient fellow.
142. If in response to a
plaintiff’s petition a bailiff is sent after a defendant with an official order
to a provincial town, or into the provinces; or the judges order that someone’s
defendant be located in Moscow in response to a summons, and be presented for
trial or for any other matter; or a bailiff or syn boiarskii is
sent to someone with the sovereign’s charters about any matter whatsoever;
and that person for whom the bailiff is sent with the official order and with
the summons; or that person to whom the bailiff is sent with the sovereign’s
charters, proceeds himself to assault that bailiff or syn boiarskii or
orders someone besides himself, his slaves, or peasants, or anyone else, to
assault him; or he takes away from him the official order, and the summons, of
the sovereign’s charters and rips them to shreds; and thereby he dishonors the
chancellery officials from whom that bailiff was sent; and that is established
conclusively; beat such a disobedient fellow with the knout for [the destruction
of] the sovereign’s charter and imprison him for three months. Order the bailiff
to exact from him his dishonor compensation and the maiming fee in an amount
equal to double his compensation entitlement.
143. If a bailiff or witnesses deliberately lie about those people after whom they were sent, [they concoct] a case [in which they allege] that they were assaulted or dishonored by them, or they testify that they acted contumaciously; and if it is established about that conclusively that those people against whom they proceed to petition did not inflict any dishonor on them: beat the bailiff and the witnesses with the knout for such a deliberate false petition. Collect from the same witnesses a fine of 2 rubles per person for the sovereign’s treasury for that so others looking on will learn not to petition [falsely] against someone deliberately or to fabricate a case.
144. The bailiff shall collect .05 ruble for his walking fee in town. If a bailiff is sent on a common errand, he shall collect for his walking fee .05 ruble from the plaintiff and likewise .05 ruble from the defendant. More than that the bailiffs shall not collect for the walking fee from any cases. They shall not take bribes and presents from a bond. They shall present plaintiffs and defendants for trial without any favor.
145, Bailiffs in service [sluzhba] in the regiments shall collect a walking fee [for delivering] a summons of .01 ruble. But if a bailiff while in service, in response to someone’s petition, is sent into the provinces after someone: he shall collect .01 ruble per 5.3 kilometers from the plaintiff for his walking fee.
146. If a bailiff, favoring someone because of bribes or out of friendship, does not proceed to present plaintiffs and defendants for trial promptly: or he collects an extra walking fee above the [amount allowed by] statute; and there are petitioners against him for that, and that is established conclusively: inflict punishment for that on that bailiff, beat him mercilessly with bastinadoes. Order the extra walking fee exacted from him and give it to the petitioner. If he so feloniously behaves a second or a third time, beat him with the knout and expel him from [the ranks of] the bailiffs.
147. Bailiffs shall serve in all the chancelleries under stout performance bonds. Order performance bonds posted on them so that they, while tending to the sovereign’s business in bailiff service, will not conceive any felonious plans; and will not in any matter inflict undue expenses and financial losses on petitioners; and will not discharge suspects in chains from the chancellery and from their own houses [where they are being detained for a contract chaining fee] without a[n official] decree [authorizing their release]; and will not subcontract any official business to anyone.
148. Bailiffs shall
charge .50 ruble per 106.7 kilometers for the riding fee. Where there are more
kilometers, or less than that: charge for the riding fee for those kilometers
according to the same calculation. If a bailiff is sent on a joint errand for
justice, he shall collect half of his riding fee from the plaintiff, and the
other [half] from the defendant. When the judicial case is resolved, and someone
loses the case, collect that half of the riding fee from the loser and
give it to the winner.
149. If someone proceeds
to petition the sovereign for justice against boyars, and courtiers,
and stol’niki, and Moscow dvoriane and their slaves about wrongs
that have been committed; and they [the defendants] at that time are serving as
governors in the provincial towns: [grant an immediate trial] against those
governors who are in the provincial towns, except in Astrakhan’, and in
Siberia, and on the Terek; and except those [people] who are in the sovereign’s
service in the regiments, or ambassadors, or envoys, or as messengers, or anyone
sent anywhere for any of the sovereign’s urgent business, for which urgent
embassy the sovereign bestows favor upon him, orders that he be granted a
continuance in all legal cases. Grant a trial in Moscow
immediately to people of all ranks so that no one will suffer undue delay in
such matters. Order brothers, and children, and kinsmen, or their slaves who are
Moscow after their departure, or their friends whom they trust in that
[matter], to respond for them in their defense. Do not excuse governors in such
cases on grounds of their service because that service [sluzhba] of
theirs is not regimental.
150. Concerning governors, and state secretaries, and various chancellery officials who, being in the provincial towns on the sovereign’s affairs, proceed to cause town and provincial people of various ranks injury and financial losses, and there are petitioners against them for that, and the matter of their injuries and financial losses is established conclusively: those people whom they have wronged in some way after investigation shall exact from such governors whatever was taken. Exact from those same people the fine for the sovereign which the sovereign decrees, depending on the case.
151. If any stol’niki, and striapchie, and Moscow dvoriane, and zhil’tsy, are found liable at trial in plaintiffs’ suits; and it is decreed that the plaintiffs’ claims should be exacted from them; and if edicts ordering the debts beaten out of them have been issued; and if surety bonds have been obtained on them; but they do not proceed to send their slaves to be beaten in the righter because they have been given a continuance for service; but they do not go to service, and in their stead send to service [sluzhba] their children, or brothers, or kinsmen, or recruits from their landed estates; and they themselves proceed to live in Moscow and in the countryside: order the plaintiffs’ claims exacted immediately from those people who are not in service.
152. If provincial dvoriane and deti boiarskie themselves are not in the sovereign’s service; but they send in their stead to the sovereign’s service [sluzhba] their children, or brothers and kinsmen, or recruits; and they themselves proceed to live in Moscow tending to their own affairs, and in the countryside: similarly exact from them immediately the plaintiffs’ claims for which they were found liable.
153. Do not grant immunity charters to anyone in the provincial towns because great financial losses, and wrongs, and offenses have been inflicted on various people in the provincial towns because of immunity charters. If such immunity charters were granted to someone in the provincial towns in past years: repeal such immunity charters. When such charters come to light in someone’s possession, confiscate those charters from those people. Send those charters to the sovereign in Moscow to those chancelleries from which those charters were issued to those people.
154. If a plaintiff
loses his own suit after trial, and his defendant is exonerated in that suit; or
a defendant in someone’s suit wins by taking an oath; or someone settles with
someone in his suit before trial; but later he proceeds to file that very same
suit of his against those very same people a second time: do not grant him a
trial in that suit.
155. Concerning people who guarantee that someone will appear for trial or [will appear for the reading of the verdict or its enforcement] after trial; and that person [the principal] whom they guarantee violates their bond; and the plaintiff’s claims and the fees are exacted from the guarantors for him: those guarantors shall collect from him [the principal] whom they guaranteed all that which was exacted from them. Order them to exact from him 3 rubles per month for maintenance expense and compensation for the delay, plus their financial losses as determined by trial and investigation. Exact plaintiffs’ claims from those guarantors who are present in person.
156. Concerning residents of provincial towns of all ranks who, in response to the sovereign’s summonses, send their children, or brothers, or kinsmen, or slaves in their stead to Moscow to defend them in plaintiffs’ suits, but do not come to Moscow themselves; and they proceed to live in their homes; and in the judicial proceedings it is necessary to conduct all investigation about them in those places where they proceed to live: when they [the authorities] proceed to investigate them, at that time send them out of those towns where they are living to other towns, where they have pomest’ia and votchinas, or to Moscow. Conduct the investigation in their absence. Concerning the people who were defending them at trial: those people shall be present in Moscow when they proceed to investigate. They shall not leave Moscow for any destination without a special decree. If [someone] leaves, direct the verdict against him [the person under investigation] for that.
157. If children, and brothers, and kinsmen, and friends, and slaves proceed to bring suit or to enter a defense for someone: such people who are at trial shall not leave Moscow until the resolution of the judicial case. If it becomes necessary to conduct an investigation in the judicial case: at that time those people [the principals] who themselves were not at trial shall not ride to those towns where the investigation is being conducted. If those people [the principals] who themselves were not at trial wish to travel somewhere into the provinces from Moscow, to their own votchinas and pomest’ia of other provincial towns, and not of those where the investigation is to be conducted: they are free to travel to their own pomest’ia and votchinas, except they are not to be in those towns and provinces where the investigation is being conducted.
158. If someone proceeds to sue anyone in a suit for 50 rubles, and during trial in that suit proceeds to name stol’niki, and striapchie, and Moscow dvoriane, and provincial dvoriane, and deti boiarskie, and musketeer commanders, and merchants of the first merchant corporation, and state secretaries, and zhil’tsy and palace court officials, and musketeer centurions, and scribes, tell men by name [as witnesses]; but the defendant in that suit does not proceed to name those [same] people; or the defendant proceeds to name those people, but the plaintiff does not proceed to name [them]: do not believe that challenge. Interrogate those people who were named under the sovereign’s oath and resolve the case on the basis of the testimony of those people who were named in that case.
159. If someone, a plaintiff or a defendant, during a trial for 20 rubles proceeds to name merchants of the second or third corporations, and townsmen of the taxpaying hundreds and settlements, and musketeers, and cossacks, and servicemen of other ranks, and post drivers, and monastery servitors, and peasants, ten men [as witnesses]: similarly interrogate such people. Resolve the case on the basis of the testimony of those people who were named. Do not believe a challenge.
160. If someone in such suits names as witnesses those people who were listed above; but under interrogation those people testify not as he said they would in his reference; or they do testify as he said they would when he named them [as witnesses], but not all give similar testimony, even though only one [witness] does not testify as he [the litigant] said he [the witness) would when he named him; or they testify that they know nothing about that case: direct the verdict against him thereby because he himself of his own volition named those people, but they testified not as he said they would when he named them [as witnesses).
161. Concerning
plaintiffs, people of various ranks, who during trial proceed to refer to a
general investigation of many nameless people, but the defendants proceed to
challenge the general investigation; or defendants during trial proceed to refer
to a general investigation, but the plaintiffs proceed to challenge the general
investigation: do not cancel the general investigation. Dispatch [investigators]
to conduct a general investigation of many people of various ranks without
challenges.
162. If a plaintiff or a
defendant who is found liable in those investigations proceeds to petition the
sovereign against the greater half [i.e., the majority] of the people who were
interrogated, and alleges that those people who were interrogated in the greater
half lied, and that the lesser half of the people who were interrogated told the
truth in the investigations: on the basis of that petition take from both halves
of those people who were interrogated two of the worthiest men per hundred
townsmen, and servicemen, and [peasants] living in court villages and on estates
belonging to the patriarch, and metropolitans, and archbishops, and bishops, and
monasteries; and [peasants living in the] pomest’ia and votchinas in the
possession of boyars, and courtiers, and counselors, and stol’niki,
and striapchie, and Moscow dvoriane, and zhil’tsy, and
provincial dvoriane, and deti boiarskie, and various pomeshchiks
and votchinniks; and where there are less than one hundred men, [take] from such
people only one man: arrange for them a visual confrontation, and rigorously
conduct an investigation about them using all methods of inquiry [to determine]
which half lied in the investigations.
163. If those people
being interrogated from the lesser half are not able to expose the people being
interrogated from the greater half in perjured investigations, and there is no
[further] evidence to investigate, and a dispute arises among them, and they
proceed to agree among themselves [to resolve the case by committing themselves]
to torture: in such an instance torture them [to resolve the case].
164. Concerning people who in the investigations proceed to say that they know nothing about that case about which there is an investigation; and other people expose them in that [by showing] that they do know about that case, and that is established conclusively: exact such a fine for the sovereign from such people for their perjured testimony accordingly. Inflict on them a punishment as is written about that above this.
165. If some people being interrogated testify in an investigation about some matter that they do not know [about it], and there are no denunciations exposing them in the matter: do not fault them for that.
166. If during investigations some people say two [different] things in a single case: compile a decree for such people like the one that is ordered compiled for perjured investigations, as is written above this.
167. Send out [investigators] to conduct a general investigation in those cases in which the plaintiff and the defendant do not have close mutual witnesses. But if a plaintiff and a defendant at trial both name a mutual witness, even if only one person: resolve the case on the basis of [the evidence provided by] that mutual witness. Do not send out [investigators] to conduct a general investigation in addition to that mutual witness so that this does not cause excess maintenance expenses and delay for the plaintiff and the defendant.
168. If a plaintiff and a defendant both name someone as a witness; and later on in the same trial they proceed to submit other evidence in addition to that mutual witness: judges shall not accept from them the later evidence. Resolve the case according to the first mutual witness.
169. If in any case the plaintiff and the defendant in the same reference both name three people as mutual witnesses; and of those people one proceeds to testify falsely, and the [other] two proceed to expose him [and show] that he is testifying falsely: in such a case believe the two, and disregard the one.
170. If any mutual witness, in response to bribes or for any other reason, violating God’s law, commits perjury and slanders someone who is not guilty; and if there is a petition about that against that mutual witness submitted by that person who was slandered without guilt; and it is established about that conclusively that that mutual witness lied: inflict for that on that mutual witness a severe punishment, beat [him] mercilessly with the knout. Order the financial losses of that person who was slandered without guilt exacted [from the perjurer] and give [them] to the plaintiff.
171. If someone proceeds to petition the sovereign against a mutual witness and alleges that that mutual witness slandered him falsely, not because of guilt, but does not submit any [evidence] exposing that mutual witness as a liar; order the mutual witness to exact his dishonor compensation from him [who accused him of perjury]. Inflict on him a severe punishment for that accordingly, order him beaten mercilessly with the knout so that others looking on will learn not to do that.
172. If a mutual witness says under interrogation that he has only heard about that case from [other] people, but himself does not know that case: that witness may not be a witness.
173. If somewhere it becomes necessary to interrogate slaves, or peasants, or [people of] the feminine gender in an investigation or in an interrogation: interrogate them in all cases under the sovereign’s oath before the Lord’s icon so that they will tell the truth, as when they appear at Christ’s Last Judgment.
174. If someone for whatever reason manumits his own male slave or female slave from himself into freedom; and later on someone [else] proceeds to sue that person who manumitted that male slave or female slave, or his son, for something; and in his suit he proceeds to call that manumitted male slave or female slave [as a witness]: do not interrogate that manumitted male slave and female slave in response to such a call, and do not place them [on the stand] as witnesses.
175. If at trial a plaintiff calls many people for a general investigation without specific names, and the defendant does not proceed to challenge that general investigation; but later on the defendant proceeds to call as witnesses two, or three, or four, or five, or six, or ten, or twenty people by name from that general investigation: order, as specified in the original call, that the case be conducted [by interrogating] all the people [living in the area] of the general investigation, without any selection.
176. If at trial a defendant calls the plaintiff’s father or mother, or if the plaintiff calls the defendant’s father or mother [as witnesses]: interrogate the father and mother in response to such calls. No one shall challenge a father and mother at trial. Resolve the case on the basis of the father’s and mother’s testimony.
177. But if at trial a defendant calls the plaintiff’s wife, or the plaintiff calls the defendant’s wife [as witnesses]: do not interrogate wives in response to such calls.
178. If someone sues a slave for something, but the slave proceeds to defend his owner [rather than himself]; and at trial the plaintiff calls for the testimony of his defendant’s owner himself, and desires that the verdict be given for or against him by that alone; or if at trial a defendant calls for the testimony of his plaintiff’s owner himself: do not interrogate the owners themselves in response to such calls from plaintiffs and defendants. Resolve the case at trial, as necessary.
179. If someone,
calculating feloniously, deliberately desires to ruin someone, and sends a
bailiff for someone in a small suit, for plundering [property worth] a ruble or
two; and at trial proceeds in that small suit of his to name someone [as a
witness] with a secret collusive intention; and the defendant, desiring not to
commit perjury in that slanderous small suit, names the same witness and decides
that even though the witness accuses him wrongly, he will pay the small claim.
180. If a plaintiff and a defendant during a trial in a large suit both name someone as witness; and later, not departing from the trial, one of them proceeds to challenge that first mutual witness in a counterclaim, and he begins to name [other] witnesses: direct the verdict against him in the counterclaim for that. Resolve the initial trial on the basis of [the evidence presented by] the mutual witness.
181. If a plaintiff and
a defendant during a trial both name a mutual witness, but later, on the second
or third day, or a week later, the same plaintiff and defendant have a trial in
another case; and at trial one of them proceeds to name that same first witness,
but the other proceeds to challenge that first witness and testifies that he has
some kind of bad relations with that first witness: do not interrogate that
witness in the latter suit.
182. If someone, contemplating cunningly, initiates a suit against someone in collusion with someone else; [and they agree] what he will sue someone for, and they name witnesses against him in their suit; and when they [the authorities] proceed to put his defendant on bond for trial, and that plaintiff sends that man [his partner] to post bond on behalf of his defendant for the trial; and later on at trial he proceeds to name [as witness] in his own suit that person who has posted bond on behalf of the defendant for the trial; and the defendant [also] proceeds to name that person as a witness, but [notes that] that person sent to post bond on him is registered as his surety for the trial, and about that he [the defendant] alleges that he [the surety] signed as [his] surety on him in collusion with his plaintiff: do not direct the verdict on that basis, but resolve the case on the basis of [the evidence presented at] the trial.
183. If some injury is inflicted by someone on three or four men, or however many there may be, [and they suffer that injury] together; and of those people who were injured someone wishes to sue for the injury done to him, one person for his own share; but his associates do not want to join the suit with him [to recover damages] for the injury because they all will not be personally present at that time: grant the one person a trial for such an injury, and order him to sue the defendant [only] for his one share. Concerning those of his associates who will not be with him at the trial: those associates of his shall sue for their shares when they wish.
184. If someone lives on one pomest’e or on one votchina in common with his brothers and with other pomeshchiks; and they inflict any injury on someone; and that injured person sends a summons because of his injury against all of them collectively; and one of them, recognizing his offense, settles with the plaintiff before trial; but the remaining [defendants] will not settle without trial: grant the plaintiff a trial against those remaining. After trial, compile the decree for them that is necessary. Do not direct the verdict against them without trial because of their associates’ settlement.
185. If someone, in any
case whatsoever, sends a summons to a minor boy, or to a widow, or to an
unmarried young woman; and they are unable to defend themselves, and they have
no relatives in Moscow; but they say that they do have relatives who might
defend them were a continuance granted for those relatives of theirs; but they
have no slaves and such peasants who might defend them; and they proceed to
petition the sovereign that their relatives [be allowed to] defend them on a
date granted in a continuance: grant such minors, and widows, and unmarried
young women a [continuance] date in plaintiff’s suits in response to their
petition.
186. If someone, forgetting the fear of God and his oath to the sovereign, desires by his own intention, or at someone else’s instruction, deliberately to ruin someone, and sends a summons against someone in a large slanderous suit [accusing him] of assault and robbery; and, not going to trial, takes a small sum from that person against whom he sent the summons; and gives up the case because the suit he filed was a deliberate slander; and that felonious act of his is established conclusively: collect from such felons a fine for the sovereign of 5 rubles for such a slanderous case. Concerning that which he took from someone: order that exacted from him two-fold and give it back to that person from whom he took it. Moreover, inflict on him a severe punishment: order him beaten mercilessly with the knout at the chancellery in the presence of many people, and imprison him for whatever term the sovereign decrees so that no one will [suffer] deliberate financial losses at the hands of such felons.
187. If that felon is exposed in such a slanderous case a second time: for such a second case collect from him for the sovereign a fine of 10 rubles. [Exact] also the financial losses two-fold of that person from whom he, having slandered him, took [the money]. Inflict punishment on him: order him beaten with the knout on the rack again at the chancellery. From the chancellery send him to prison for as long as the sovereign decrees. Order him beaten mercilessly with the knout again [on the way] to prison.
188. If that felon
is exposed in such a slanderous case a third time: for such a felony of his
collect from him a fine of 20 rubles for the sovereign. [Exact] also the
financial losses two-fold of that person from whom he, having slandered him,
took [the money]. Inflict a punishment on him again: after beating him with the
knout on the rack at the chancellery, send him [for continued flogging] into the
market among the rows of shops so that various people will know about that, the
reason why this punishment is being inflicted on him.
189. Concerning people of various ranks who proceed to petition against someone for loaned money, or for goods left in storage, or for any other loan; but they fail to include in their petitions and in the summonses to be delivered by the bailiff the notes, and loan memoranda, and any other documents for those debts, or stored property, or loans on those people against whom they proceed to petition: do not grant them a trial against those people, do not issue summonses in such suits, and do not send out the bailiffs.
190. Concerning
servicemen [sluzhilye] who are in the sovereign’s service in the
regiments, and the regiments by the sovereign’s order are in the provincial
towns; and military personnel proceed to petition against someone on the subject
of stored goods in those towns where they are in the sovereign’s service: grant
a trial to such people for the stored goods against those people against whom
they petition, even if they lack written evidence because servicemen of various
ranks are [routinely] in the sovereign’s service in the provincial towns and
store their supplies and their gear and various movables at the houses of those
people with whom they are billeted; and it happens that military personnel in
the sovereign’s services are sent [routinely] on sudden missions, and at those
times they leave behind all of their movables and supplies with those people
where they are billeted.
191. If servicemen, deliberately slandering [someone], proceed to send a summons for someone in such storage cases, and that is established conclusively: after investigation, inflict on those servicemen who deliberately proceed to slander someone a severe punishment, beat them mercilessly with the knout.
192. Except for service [sluzhba] in Moscow and in the provincial towns, do not grant a trial in storage cases to anyone without documentation so that no one thereby will suffer deliberate financial losses in slanderous suits at the hands of anyone.
193. Concerning people of various ranks who give out their various projects for artisans to work on; and the artisans simply deny that they have [received] those projects, and there are petitioners against them for that: giant the petitioners a trial against such artisans, and after trial compile the decree that is necessary.
194. If someone pawns
something for debt with someone, or gives out something for safekeeping: and
that pawn or item left for safekeeping perishes in a fire in the possession of
that person to whom it was pawned or left for safekeeping, or thieves steal it,
and his [the safekeeper’s] property is lost also at the same time as that which
was deposited with him: that person who has in his possession such stored goods
which are lost with his own property shall declare this to the neighbors and
shall submit written declarations about this in the chancelleries, that such
stored items in his possession perished not by his malicious intent.
195. If someone deposits his own property for safekeeping with someone under his own seal and lock; and that person with whom [the goods] were deposited opens up those goods that belong to someone else, and breaks the seal, and examines [them] in the absence of that person to whom such goods belong; and that person to whom such property belongs proceeds to petition against him, and [alleges] that something from those goods of his is missing; and it is established about that conclusively that those goods of his were opened, and unsealed, and examined in his absence: after investigation exact that [part of the] deposit which is not actually present, as noted in the plaintiff’s petition from that person with whom they [the goods] were deposited under lock and seal. If any kind of dispute arises between them over that property: they shall take an oath by kissing the cross in that case.
196. If someone in debt
to someone for money, of anything else, pawns something until a certain date,
and he gives a pawn note on that pawn of his; and in that note he writes that if
he does not redeem that pawn of his on the date due: that loan note of his pawn
becomes a purchase document.
197. If someone pawns a horse, or any other animal, for a debt until a certain date: and that horse, or any other animal, dies naturally in the possession of that person to whom it was pawned before the date, not from overwork, and not from starvation, and not [because it was] killed: that person in whose possession the pawn was [when it died] shall collect half of his debt from the borrower, but he shall not take the other half. If the borrower petitions against him, [alleging] that he committed some evil deed to his pawn, grant them a trial in that matter. After trial compile for them the decree that is necessary.
198. If someone, contemplating felonious thoughts, forcibly invades someone’s house as part of an insurrectionary band; and murders that person whose house he invades, or his wife, or children, or slaves, and that is established conclusively: punish that person himself who committed the murder with death also. Beat all of his accomplices with the knout and exile them whither the sovereign decrees.
199. If they do not
murder that person whose [house] they invade, but only dishonor him in some way,
or cause him some financial losses: order that person whom they dishonor and
inflict financial losses on to exact his dishonor compensation and financial
losses two-fold. Moreover, inflict on them for that felonious invasion of theirs
a severe punishment, beat them with the knout.
200. If that person whose house they invaded with such [felonious] premeditation kills one of them in self-defense and [while] defending his own house and brings those killed to the judges; and it is established about that conclusively that he committed that homicide involuntarily, in self-defense: do not fault him for that. The person he killed brought his death on himself: do not forcibly invade someone else’s house.
201. If someone himself begins a fight with someone, and a fight occurs between them; and in that right someone injures that person who earlier had begun the fight; and he proceeds to petition for his maiming fee against the person who injured him; and that person against whom he proceeds to petition does not deny that, but testifies that he injured him in self-defense; and it is established about that conclusively that that fight was initiated by that petitioner himself: do not give the verdict against the defendant for that fight, and do not award anything for the maiming fee to the injured party against him because that injured person himself is in the wrong.
202. If someone boasts
that he is going to do a wicked deed to someone, and he desires to burn down his
house, or his threshing floor and the grain [stored there], or inflict some
other loss: that person against whom he boasted that he would inflict such
things shall announce it to neighbors, submit written declarations to the
chancelleries, and petition for all investigation.
203. If someone is in
debt to someone for some reason on the basis of debt agreements, or notes, or
any other documents; and if he is unable to pay that debt to him promptly
because he fell into poverty by the will of God as a result of [an accidental]
fiery blaze, or [because] his property sank by some means, or [because] robbers,
or thieves, or any other evil people or soldiers ruined him and plundered his
property: after review [of the circumstances], grant such debtors a deferment of
a year or two or three for various debts, but do not grant a deferment for such
debts for more than three years.
204. If no one guarantees such debtors for such debts, and they themselves have nothing with which to pay them off: for such debts turn them over [as slaves] to the plaintiffs until they are redeemed, with the exception of dvoriane and deti boiarskie. Beat dvoriane and deti boiarskie in the righter until that time when [their creditors] settle accounts with the debtors.
205. If guarantors guarantee that someone will be available [for legal proceedings] by a specified date, and subsequently that person whose availability they guaranteed dies before the specified date: [creditors have] no claim on his guarantors on the basis of that guarantee note because they guaranteed his availability [for legal proceedings] but not the debts themselves.
206. If someone takes money from someone as a loan, or something for trade, and wastes that debt through his own mindlessness, drinks it up, or steals it in some manner; and that is established conclusively; and he has no means to pay it back: turn him over as a slave to the plaintiff until he is redeemed.
207. If someone inflicts violence, or an assault, or wounds, or any other losses and injuries on someone; and if there are petitioners against him for that: and that wrong he committed is established conclusively at trial, but he dies without having settled [accounts for] that same suit; and he leaves after his death votchinas and movable property, and his wife and children possess those votchinas of his and use his movable property: order plaintiffs to exact their claim from the wife and children of the deceased.
208. If a pomeshchik, or
all votchinnik, or their slaves and peasants drive someone else’s horses or any
other kind of livestock to their own yards out of their own grain or unmown
meadows: having made a declaration about that to neighbors, he [whose property
was invaded] shall send for that person to whom the livestock belong so that he,
coming with neighbors, will inspect his trampled grain or meadows.
209. If someone, having
driven another person’s livestock to his own yard from his grain or meadows,
proceeds to keep [them] in a pen; and keeping them in the pen, starves them to
death, and there are petitioners against him for that; and that is established
conclusively at trial: order exacted from him for that livestock which he
starved its value as determined by the statutory price [in chapter 24, article
3], and give it to the plaintiff.
210. If someone
illegally, without doing harm [in the passage], drives [another] person’s herd
of horses or other livestock from his own or from any other’s land to his own
yard; and there are petitioners against him for that; and it is established
about that conclusively at trial and investigation that he deliberately drove
that herd to his own yard: order him to return that herd of horses or any other
livestock to the plaintiff, all of it in the condition in which he found it.
211. If someone desires
to seize someone else’s land illegally; and toward that end sows that land
belonging to someone else with grain; and proceeds to call that land his own
land; and there are petitioners against him for that; and it is established
about that conclusively at trial that he illegally sowed grain on that land
belonging to someone else in order to seize that land from him: give all that
grain, as much as is sown on that land, to that person to whom the land belongs.
212. If someone sows grain on his own land; and another [person] proceeds to claim falsely that that grain and land are his, and that is established conclusively at trial: similarly order the sovereign’s fees for the judicial case exacted two-fold from that plaintiff for his false petition.
213. If someone illegally sows grain on the land of someone [else]: [the latter] shall initiate a suit for judicial process to recover that land and shall not take the law into his own hands. He shall not cart away grain from the field without a decree [permitting it] and [shall not permit his] livestock to knock the seeds out of the grain of trample it.
214. If anyone has
beaver runs on his votchina or pomest’e usufruct possessions, and these beaver
runs are on property adjoining other votchina and pomest’e usufruct possessions:
order the pomeshchiks and votchinniks of these adjoining usufruct possessions
not to drive off the beavers from such beaver runs by any means.
215. If someone illegally snitches the hops on someone’s usufruct possession, and cuts down the plot sown with hops; and that is established conclusively at trial: order the plaintiff to exact the claim from him after investigation as demanded in the plea.
216. If someone builds a bird blind on his own usufruct possession, and lures birds to that blind; and someone else out of enmity ruins that bird blind, and drives away the birds from that blind; or illegally proceeds to catch birds at that blind, or proceeds to shoot them; and that person to whom the blind belongs proceeds to petition the sovereign against him; and that illegal activity of his is established conclusively at trial: order the plaintiff’s claim exacted from him after investigation and give it to the plaintiff.
217. If someone spoils such a bird blind belonging to another [person], smears it with tar, or garlic, or anything else, and thereby drives away the birds from that blind; or if someone steals a black grouse cone-shaped net or a partridge net; and there are petitioners against him for that; and that is established conclusively at trial: for that the plaintiff shall exact from him 3 rubles for the black grouse cone-shaped net, and a ruble for a partridge net. For the fact that he spoiled that bird blind, inflict on him a punishment, beat him mercilessly with bastinadoes so that he and other such [types] will learn henceforth not to do that.
218. If someone on someone else’s usufruct possession ruins a beehive tree, cuts the roots or sets fire to it, or by any other means deliberately causes any damage; and there are petitioners against him for that; and it is established about that conclusively that he committed such a deed: for such an illegal act exact from him after trial and investigation 3 rubles for a beehive tree with bees; 1.50 rubles for [such a tree] without bees, a tree in which there were bees earlier; .75 ruble for a tree in which a hive had been made, but there were no bees; .375 ruble for an unused tree stump, for however many of these he ruined.
219. If someone scoops out someone’s bees, but does not damage the beehive trees: exact from him 1.50 rubles for all the bees. If someone steals hives with bees from anyone at home, or in an apiary, or in the forest, and that is established conclusively: exact from him 3 rubles each for any hive. Moreover, inflict a severe punishment on him for that, beat him with the knout. If someone intentionally cuts down a hollow tree with bees in someone else’s forest and scoops the honey out of that tree: exact 6 rubles from him for that and give it to the plaintiff.
220. If a pomeshchik or votchinnik illegally cuts down a forest on someone else’s usufruct possession, and there are petitioners against him for that; and it is established conclusively at trial that he committed such an illegal action: order the plaintiff to exact the money for the cutover forest from him at the statutory price.
221. If someone
illegally plucks, or steals at night, apples from apple trees in someone’s
garden, and there are petitioners against him for that; and that is established
conclusively at trial: the plaintiff shall exact from him the losses according
to his testimony.
222. If someone illegally plunders or steals any vegetable from someone’s vegetable garden, and that is established conclusively: order the plaintiff to exact money for such vegetables from him, assessed on the basis of what kind of vegetable it is. Inflict punishment on him for the plundering or for the theft, depending on the case.
223. If someone out of
enmity proceeds to start a camp fire in camps in someone’s forest: and as a
result a fire breaks out in that forest; of if a fire occurs in someone’s forest
because of the carelessness of herdsmen of horses or other livestock; and by
such a fire they inflict damage on a beehive tree and bees, and by that fire
they drive the wild animals and birds out of that forest; and there are
petitioners against them for that; and it is established about that conclusively
at trial that such a fire occurred either by someone’s design or because of the
herdsmen’s carelessness: collect from those people the fine that the sovereign
decrees for such destruction by fire. Order the plaintiff to exact [his] losses
from them after investigation.
224. If someone proceeds to burn the straw in his own grain fields, or grass in the meadows: and at that time the fire gets out of hand, and burns up someone else’s grain fields or gardens; and there are petitioners against him for that: conduct an investigation about that. If in the investigation it is revealed that he committed the act with evil intent, that he set the fire when the wind was blowing, and that he did not protect another’s grain field or garden because of his own sloth, and that it would have been possible to protect [it]: order the plaintiffs to exact their losses from them after investigation.
225. If the investigation [reveals] that the burning occurred without evil intent, that he set fire to his own grain fields or grass at a quiet time, but later the fire got out of control because of the wind, that the wind appeared suddenly as part of a storm or whirlwind: do not exact the plaintiffs’ claims from the defendants for such a fire because such all accidental fire occurred by God’s design, and not with the defendants’ intent.
226. If someone’s house burns down by accident, and as a result the houses of other people catch on fire too: no one shall exact anything from that person whose house first caught fire because the accidental burning of his house occurred without his intent.
227. If someone proceeds to stay at someone’s house as a renter; and if in his contract it is stipulated that he will not set fire to that house and will protect it from fire; and later a conflagration engulfs that house as a result of his negligence, and that house burns down: that person from whom he rented that house shall exact from him for that house the price which that house cost.
228. If someone as a result of a certain enmity or plundering sets fire to someone’s house; and later he is arrested; and it is established about him conclusively that he caused the fire deliberately: punish such an arsonist, burn him [in a cage].
229. If someone sends a
summons to anyone for any kind of village injury; and that injury was committed
by the slaves or peasants of that person to whom the summons is sent while they
were fugitive slaves and peasants; and that person who is being sued by someone
in such a case proceeds to petition that he does not know whether his slaves and
peasants committed that injury, and whether the fugitive slaves and peasants are
on his pomest’e or votchina, and that he be granted a continuance until he can
learn something about that case: in such cases grant such petitioners a
continuance, based on the distance [to the landholding or estate] according to
statute, to gain information. Put them on surety bonds so that they will inform
themselves about that injury and will appear for trial on that continuance date.
230. Order votchinniks
and pomeshchiks to put up fencing between villages and hamlets [and share the
expenses] equally. If any livestock enter someone’s field through someone’s
fence, and that livestock trample the grain and knock it out of the stalks:
order that person through whose fence the livestock passed into the field to pay
the plaintiffs [sic] for that grain which has been trampled and knocked out of
the stalks.
231. If anyone, on land
belonging to the sovereign, or to an votchinnik or a pomeshchik, destroys a
cadastral surveying boundary and clears away marking posts, or cuts down
boundary markets, or levels off pits in the ground, or plows the land over
boundaries [and thus obliterates them], and that is established conclusively at
trial and investigation: beat such people mercilessly with the knout on the
disputed boundaries. After beating them with the knout, cast them in prison for
a week. Order the plaintiff to collect from them 5 rubles for each boundary
marker [destroyed]. Order the boundaries and boundary markers restored and the
pits redug as they were previously.
232. If there is nothing on which to base an investigation about such a case: in that [case], administer an oath, [have them] kiss the cross. If the plaintiff kisses the cross in the case: order him to exact from the defendant 5 rubles for each boundary marker [destroyed]. Do not inflict a punishment on him, but restore the boundary markings and various [other] markings as they were previously.
233. If someone forcibly seizes laud from someone, or alters boundaries or landmarks, and that is established conclusively: having taken away that land of someone else’s from that person who committed the deed, give it back to that person from whom it was taken. Exact from him [the culprit] the fee for illegal possession of the land according to the sovereign’s decree, and inflict the punishment for the forcible seizure that the sovereign decrees.
234. If somewhere the boundaries and landmarks are overgrown, and it is necessary to restore them; and that person to whom those boundaries and landmarks belong proceeds to petition the sovereign about that: in response to that petition of his, send a worthy dvorianin to those overgrown boundaries and landmarks. Order those boundaries and landmarks restored with [the participation of] long-time residents and neighbors in the presence of both pomeshchiks and the votchinniks between whose lands those boundaries and landmarks lie. Order those boundaries and landmarks registered in a book. Order that the old marks on such boundaries not be damaged so that henceforth the pomeshchiks and estate owners will have no dispute about that.
235. If land belonging to peasants living in the sovereign’s court villages and the rural taxpaying districts borders on lands belonging to the patriarch, or metropolitans, and archbishops, and bishops, and monasteries, or pomeshchiks and votchinniks, and a dispute arises over such adjacent lands: investigate such disputed lands in the cadastral and tax review, and land allotment books, and in various other documents, [and by interrogating] long-time residents and various neighbors to whom the peasants of the court villages and rural taxpaying districts, and the votchinniks, and the pomeshchiks proceed to refer. After investigation, compile a decree on such disputed lands. Divide those disputed lands with [the participation of] the long-time residents on the basis of the old boundaries and landmarks.
236. If for some reason it is impossible to compile a decree in the matter of such disputed lands, administer an oath on such disputed lands to the plaintiff and the defendant by [having them] walk around [the boundaries) with an icon. Order that person who took the oath on his soul at trial to walk with the icon.
237. If on any disputed lands there are long-time residents on both sides; and a dispute arises among those long-time residents themselves, some longtime residents proceed to testify in favor of the plaintiff, and other long-time residents proceed to testify in favor of the defendant: on that disputed land the plaintiff and the defendant shall cast lots [to determine] which one of them will carry the icon around the contested land [to verify] the testimony of the long-time residents. He who is singled out by the lot shall walk the boundary of the contested land with the icon.
238. If a pomeshchik or
an votchinnik desires to build a dam on a river in his pomest’e or votchina, and
[then] build a new mill, and both banks of that river are his; and if upstream
from that dam on that same river other pomeshchiks and votchinniks do not have
old mills, and arable lands, and hay meadows close to the banks of that mill, or
if they do, but no damage will be caused to those upstream mills, and arable,
and hay meadows by that new pond water: he is free to build that new mill.
239. If someone has wild
beehives, or fish weirs, lakes, or hay meadows in a forest belonging to the
sovereign, or a pomeshchik, or an votchinnik: those people shall possess those
wild beehives, and lakes, and hay meadows of theirs according to the old
boundaries. No one shall newly expand hay meadows beyond the boundaries onto
someone else’s land.
240. If those people who possess that forest desire to clear that forest: when clearing that forest, they shall inflict no damage to a beehive tree. If someone clearing a forest cuts down someone else’s beehive tree with bees, or without bees, or burns it down with fire, or if someone plows up to someone else’s beehive tree with his two-pronged wooden plow on arable in his field, and inflicts damage on those beehive trees; and there are petitioners against them for that; and that is established conclusively at trial: order the statutory price for that beehive tree exacted from them and give it to the plaintiffs.
241. If someone clears
and plows up his entire forest, and in that forest of his there are lakes and
hay meadows that belong to others: he shall in no way by this action meddle with
those lakes and hay meadows belonging to others. He shall not deny access to
those lakes and hay meadows to those people to whom those lakes or hay meadows
belong. He shall allow them a road to those usufruct possessions.
242. If someone in his own forest illegally fishes out others’ lakes, or mows [others’] hay fields, and there are petitioners against him for that; and that is established conclusively at trial: order the plaintiff to exact the losses from him after investigation.
243. If according to the cadastral books certain votchinniks and pomeshchiks have their wild beehives on their pomest’ia and votchina lands, or also according to the cadastral books they have forests awarded for service within the confines of their boundaries and borders: those estate owners and pomeshchiks are free to clear those wild beehives and forests awarded for service of theirs inside their own boundaries and borders (which boundaries and borders are recorded in the cadastral books), for arable and hay meadows. They are free to set up villages and hamlets.
244. If someone proceeds
to sue someone for a votchina, or a house, or a shop, or a mill, of any other
kind of fixture on a votchina or pomest’e; and the defendant, while litigating
with the plaintiff and not waiting for the decree in the judicial case, sells or
mortgages that for which the plaintiff was suing him to someone, and after trial
and investigation it becomes necessary to give the verdict against him in that
[case]: take that from that person to whom he sold it and give it to the
plaintiff. Order that person who bought that from him [to get] back the money
from him at the purchase and at the mortgage price.
245. If someone, having
executed on himself a loan document for borrowed money, or a document clearing
the debt of a votchina, or a document concerning any other business, dies; and
his wife and children, or any others of his clan, have survived him and
inherited his property; and when he was living, he had a trial with plaintiffs
over the borrowed money based on the loan documents, and on the clearing of the
debt of the votchina based on the registered notes; but the judicial proceedings
were not completed at the time of his death; but on the basis of these judicial
proceedings it became necessary to give the verdict against him: according to
those proceedings, order the plaintiffs to exact their claims from the wife and
children of that deceased, or from other members of his clan, whoever is left
after him in his property, and to whom his estates have been granted.
246. Concerning people
who proceed to borrow money or anything else in loan documents from someone; or
who proceed to give notes or any other documents on themselves for large
transactions: order them to write loan documents and various [other] documents
on themselves, and have town square scribes sign them as witnesses in Moscow and
in the provincial towns. Register witnesses in documents in Moscow and in the
Provincial towns: five and six people each in large transactions, and two and
three people in small transactions. Do not register less than two people as
witnesses in any documents. They shall give such loan documents and various
other documents on themselves signed in their own hands.
247. If anybody in a village or hamlet happens to borrow from someone money in the amount of 5, or 6, or 10 rubles, or grain, or anything else for a stated money value; or someone rents out a usufruct possession for such a price; and he is literate, and himself writes the document for himself; or he orders someone to write it, but signs it himself, although without witnesses: for that reason believe such documents, and grant a trial on the basis of them.
248. Concerning people in the villages and hamlets who are illiterate: in such moderate transactions they shall order such documents written for themselves by civil administration scribes, or church scribes, or someone else of other villages. They shall order their spiritual fathers or someone else among the neighbors they trust in this to affix their signatures to those documents in their stead.
249. Concerning people who proceed to get such documents on someone: they shall not order their own priests, and scribes, and slaves to write such documents within their own votchinas?? and pomest’ia. If such documents come to light in someone’s presence: do not believe such documents because the priests and scribes of their own villages wrote those documents.
250. Order people of all
ranks to write documents of purchase of votchinas and houses, and mortgages, and
dowries, and all other documents involving large transactions in Moscow and in
the provincial towns. The town square scribes on the town squares shall record
themselves as witnesses.
251. If someone,
contemplating feloniously and colluding with the town square scribes, writes a
loan document for a large debt, or any other document involving a large
transaction on someone out of his presence; and, having written that document,
summons him to his house, or to someone else’s house, and orders him to affix
his hand to that document, or orders him to write in his own hand a loan
document on anything involuntarily: that person to whom such a deed is done
shall make an announcement to [his] neighbors about the one who did such a deed
to him. He shall also submit declarations to the chancellery directors in the
chancelleries, and to the governors and chancellery officials in the provincial
towns immediately after such a deed is done to him, on the same day. He shall
petition against those people who did such a deed to him and [ask for] a visual
confrontation and an investigation promptly, in three or four days, and at most
a week.
252. If someone, having
given any kind of document on himself to someone, proceeds to file a declaration
and to petition the sovereign against that person to whom he gave that document
and to testify that that document was taken on him against his will; and in that
matter he proceeds to call people of the vicinity [as witnesses] after collusion
[with them); but that document was written on the public square: and the public
square scribes themselves signed that document as witnesses; and his [the
plaintiff’s] signature is on that document; and that person to whom he gave that
document on himself and the public square scribes testify in a visual
confrontation with him that that document is legitimate, and not forged: and
those people whom that petitioner called [as witnesses] in collusion with them
call that document a forgery; but later it is established conclusively that that
document is genuine, and not forged; and they denied its authenticity in order
not to pay the plaintiff’s claim based on it: inflict a severe punishment on
that petitioner for such a perjured petition of his, and also on those people
who proceed to testify falsely on his behalf in collusion with him, order them
beaten mercilessly with the knout in the presence of many people so that they
and others like them henceforth will learn not to do that.
253. If someone, having given any document on himself to someone else, proceeds to deny that document at trial; but that document bears his signature and that document was written on the public square; and the public square scribes are signed as witnesses to that document; and prior to the trial [he filed] no petition or declarations against that document: do not believe such defendants. Order the plaintiffs’ claims exacted from them according to such documents and turn them over to the plaintiffs.
254. If someone on the basis of a loan document proceeds to sue someone for the money loaned, or anything else; and the borrower in defense says that he has already repaid the plaintiff the borrowed money or anything else in that loan document; but that payment is not registered on the loan document; and he does not produce a receipt for that payment, or he produces a receipt, but the signature of the plaintiff is not on that receipt: do not believe them [defendants making such claims] in that matter. Order the money and other debts exacted from them on the basis of the loan documents and give it back in full to the plaintiffs as recorded in the loan documents.
255. Plaintiffs shall exact the principal of loaned money on the basis of loan documents and wills from borrowers, but they shall not exact any interest on this loaned money because, by the canons of the Holy Apostles and the Holy Fathers, it is ordered that interest not be collected on loaned money.
256. Grant a trial on the basis of loan documents within fifteen years. Do not grant a trial for loaned money on the basis of loan documents after fifteen years.
257. If a loan document is older than fifteen years, and a payment was made on it, and it is written down in which year the payment was made and that is signed explicitly on the loan document: giant a trial for the remaining loaned money on the basis of the loan document even though it is older than fifteen years, beginning with that year when the payment was made and for [the following] fifteen years.
258. If someone proceeds
to sue someone for loaned money on the basis of loan documents that were issued,
and the load documents have not yet expired; and on the loan documents it is
written that these loan documents were issued to them for debt, or that these
loan documents were given to them as gift documents: order the plaintiffs to
exact the loaned money without interest from the borrowers on the basis of those
issued loan documents.
259. If someone denies
the authenticity of a loan document, and he is convicted in that matter -- that
he falsely denied the authenticity of the loan document: the plaintiff shall
exact the debt two-fold from him for that.
260. If someone is
indebted to Russians of various ranks and to foreigners; and the Russian and
foreign plaintiffs proceed to sue him in a judicial process for their own debts;
and that debtor, desiring not to pay the foreigner his debt, proceeds to avoid
him because he is indebted to many Russians, besides that foreigner: order the
foreigner to exact the debt money from such a debtor first, and order the
Russians to exact their debt from him afterward.
261. Concerning
dvoriane, and deti boiarskie, and people of various ranks who are
found liable in judicial proceedings in plaintiffs’ suits for documented and
undocumented debts: they, or their slaves, shall sit in the righter for one
month for every hundred rubles. Concerning those who are found liable for more
or less than one hundred rubles: they shall sit there according to the same
calculation.
262. Concerning those people who proceed to contest their opponent’s claims while in the righter, but have the means to [pay their debts] and buy their way out of it: after the statutory month order an appraisal of their houses and movable property, and surrender [them to satisfy] the plaintiff’s claim; or, order the plaintiff’s claim exacted for them from their slaves and peasants on their pomest’ia and votchinas.
263. If someone has no
means to pay a plaintiff’s claim, and his votchina is not populated: having
appraised that votchina, give it to the plaintiff in payment. If the plaintiff
does not want to take that vacant votchina, sell that votchina to third persons
who wish to buy it and give the money in payment to the plaintiff.
264. If service personnel of various ranks [sluzhilym vsyakix qinov], excepting the lesser ranks, lack the means to buy themselves out of the righter: exact from them themselves and from their slaves the money owed after the statutory month without the slightest mercy. Do not turn them over to the plaintiffs as slaves, with the exception of those deti boiarskie who are serving as bailiffs.
265. If musketeers have no means to repay the borrowed money recorded in loan contracts or in plaintiffs’ suits: do not turn them over as slaves to the plaintiffs [to satisfy] the plaintiffs’ claims. Pay 4 rubles apiece per year from the sovereign’s cash salary for them to the plaintiffs. While they are being freed from their debts, they shall serve for their grain salary only.
266. Concerning
cossacks, and gunners, and artillerymen, and servicemen of other lesser ranks
and all taxpayers who have no means to buy themselves out of the righter: after
the statutory month, hand them over as slaves to the plaintiff until they are
redeemed.
267. If such people who were handed over [into slavery] flee from [their creditors], those people from whom they fled shall file a declaration about that in that chancellery from which those people were handed over to them as slaves.
268. If someone proceeds to petition against someone that he has killed a person [who had been] handed over as a slave: conduct an investigation about that, and if it is established conclusively, [inflict the punishment] for that homicide which the sovereign decrees.
269. Concerning taxpayers of various hundreds and settlements, and merchants and various townsmen in the towns who proceed to sit in the righter in plaintiffs’ suits based on loan notes and on court records produced by people exempt from paying taxes, and they have no means to buy themselves out [of the righter], although they do own houses and shops: sell those houses and shops of theirs to [other] taxpayers to pay off the plaintiff’s claim, but do not give over and do not sell those houses and shops of theirs to the people exempt from taxes [to satisfy] the claim.
270. Concerning people brought into a chancellery who were caught red-handed with plunder: on the basis of the red-handed evidence grant plaintiffs a trial against those people who have been brought in for arraignment. After trial, [compile the decree] that is necessary.
271. Concerning people
who have been arraigned and handed over to bailiffs for detention until [the
issuance of] a decree [in their case]; but the bailiffs release those arraigned
people, and the plaintiffs proceed to petition against those bailiffs to the
sovereign for a decree in the matter of their release of those arraigned people:
put the bailiffs on surety bonds, and order them to hunt down those arraigned
people. For the hunt, give them [the bailiffs] the statutory time limits so
that, having hunted down those arraigned people, they can present them in the
chancellery.
272. If a master craftsman takes jewelry merchandise from someone -- a diamond, or ruby, or emerald or yellow sapphire, or any other precious stone -- for polishing, or faceting, or the cutting of a seal; and through negligence he breaks that gem, or inflicts any other damage on it; and there are petitioners against him for that: exact from him for that stone a price appraised by third persons.
273. If someone takes from someone garments as a loan until any specific time; or if a tailor takes clothing to work on it; and [he allows] those garments to be eaten by mice, or spoils [them] in some other way; and there are petitioners against him for that: the plaintiffs shall exact from them the value of that eaten garment, and give the clothing back to them [who ruined it].
274. If someone hires a horse, or something else, from someone and ruins it; and there are petitioners against him for that; and it is established about that conclusively at trial that he ruined what he had hired: order plaintiffs to exact from him a price determined in an appraisal by third persons for that hired article. Give what he ruined back to him.
275. If someone hires
himself out to someone to guard his house or shop, or anything else; and he
posts a bond on himself in that; and later on something thing under his guard is
stolen; and there are petitioners against him for that: and it is established
about that conclusively that something was stolen [while it was] under his
guard: order that which was stolen exacted from that guard and his guarantors.
276. If someone proceeds
to make an agreement for a trading venture with someone, and one partner of them
goes off on a journey somewhere with the money or with merchandise for trading,
and on the road criminals rob him and they take the goods and the money from him
down to the last item; and his partner proceeds to bring suit against him for
his half of those goods and the money; and if it is established about that
conclusively at trial that robbers robbed him and took the goods and money down
to the last item: order his partner not to exact those goods and money from him
because that plundering was inflicted on him by an event out of his control.
277. If someone proceeds to set up buildings in his yard close to his neighbor’s property line: he shall not set up buildings on the property line of his neighbor. If someone sets up buildings on the property line, and there is a petition against him for that: order that person to remove the buildings from the property line.
278. No one shall build a stove or kitchen in his house or yard adjoining the wall of his neighbor[‘s house]. But if someone does build a stove or kitchen in his house or yard adjacent to his neighbor’s wall, and there is a petition by his neighbor against him for that: break that stove or kitchen of his away from his neighbor’s wall so that nothing bad will happen to his neighbor on account of his kitchen or stove.
279. If someone has tall
buildings in his yard, but his neighbor has ground-level buildings close to
those tall buildings: he shall not pour water and hurl garbage from his tall
buildings on to those low buildings of his neighbor, and shall not inflict any
other nuisance on that neighbor of his.
280. If someone is
cursing someone, calls him a whore’s son, and that person whom he called a
whore’s son proceeds to petition the sovereign against him about the dishonor;
and it is established about that plaintiff conclusively at trial that he is not
a whore’s son: after investigation, order him to exact from that person who
called him a whore’s son his dishonor compensation two-fold without any mercy.
281. If someone deliberately sics his dog on someone; and that dog of his bites that person on whom he sicked it, or rips his clothing; and there are petitioners against him for that; and that is established conclusively at trial: order the plaintiff to exact front him [his] dishonor compensation, and maiming fee, and losses [all] two-fold. If there is nothing on which to base an investigation about that matter: at trial grant them an oath, a kissing of the cross, in that matter [to resolve the dispute]
282. If someone deliberately kills someone’s dog: after investigation, having exacted the statutory price for that dog from him, give it to the plaintiff.
283. If someone kills a dog with his bare hands in self-defense, not with a weapon: he shall not pay the price for that dog, and do not fault him for that.
284. If someone’s dog
rushes people; or an animal, a cow, or bull, or goat, or ram butts people or an
animal; and he [the owner] does not proceed to keep such a dog on a leash and to
look after the animal; and as a result of his carelessness something bad happens
to someone or losses are caused by that dog or animal of his; and there are
petitioners against him for that; and that is established conclusively: order
all those losses exacted front him [and] given to the plaintiff.
285. If someone proceeds to sue someone for swine, or mares, or cows, or sheep, or any other animal, or bees, and their offspring after [several] years have passed, about five years, or more or less; and at trial and investigation the plaintiff is shown to be right in his claim: for the swine, and for the mares, and for the cows, and the sheep, or any other animal, and bees, he shall exact that which someone had seized from him. Reject [his claim] for the offspring because he did not demand all of it in that year when someone seized something from him.
286. If someone proceeds to sue someone for [illegally using or mowing] acres of hay meadows, and he wins the suit for those hay meadows: order him to exact from the plaintiff .30 ruble for each 2.7 acres of hay meadow.
287. If someone proceeds to sue someone for ricks of cut hay, piled up in ricks, and he wins the suit: order him to exact from the defendant .03 ruble for each rick of cut hay.
CHAPTER 11. - The Judicial Process for Peasants. In It Are 34 Articles.
1. Concerning the sovereign’s peasants and landless peasants of court villages and rural taxpaying districts who, having fled from the sovereign’s court villages and from the rural taxpaying districts, are now living under the patriarch, or under the metropolitans, and under the archbishops, and the bishop [sic]; or under monasteries; or under boyars, or under courtiers, and under counselors, and under chamberlains, and under stol’niki, and under striapchie, and under Moscow dvoriane, and under state secretaries, and under zhil’tsy, and under provincial dvoriane and deti boiarskie, and under foreigners, and under all votchinniks and pomeshchiks; and in the cadastral books, which books the census takers submitted to the Pomest’e Prikaz and to other chancelleries after the Moscow fire of the past year 1626, those fugitive peasants or their fathers were registered [as living] under the sovereign: having hunted down those fugitive peasants and landless peasants of the sovereign, cart them [back] to the sovereign’s court villages and to the rural taxpaying districts, to their old allotments as [registered in] the cadastral books, with their wives, and with their children, and with all their movable peasant property, without any statute of limitations.
2. Similarly, if votchinniks and pomeshchiks proceed to petition the sovereign about their fugitive peasants and about landless peasants; and they testify that their peasants and landless peasants, having fled from them, are living in the sovereign’s court villages, and in rural taxpaying districts, or as townsmen in the urban taxpaying districts, or as musketeers, or as cossacks, or as gunners, or as any other type of servicemen in the trans-Moscow or in the frontier towns; or under the patriarch, or under the metropolitans, or under the archbishops and bishops; or under monasteries; or under boyars, and under courtiers, and under counselors, and under chamberlains, and under stol’niki, and under striapchie, and under Moscow dvoriane, and under state secretaries, and under zhil’tsy, and under provincial dvoriane and deti boiarskie, and under foreigners, and under any votchinniks and pomeshchiks: return such peasants and landless peasants after trial and investigation on the basis of the cadastral books, which books the census takers submitted to the Pomest’e Prikaz after the Moscow fire of the past year 1626, if those fugitive peasants of theirs, or the fathers of those peasants of theirs, were recorded [as living] under them in those cadastral books, or [if] after those cadastral books [were compiled] those peasants, or their children, were recorded in new grants [as living] under someone in books allotting lands or in books registering land transfers. Return fugitive peasants and landless peasants from flight on the basis of the cadastral books to people of all ranks, without any statute of limitations.
3. If it becomes necessary to
return fugitive peasants and landless peasants to someone after trial and
investigation: return those peasants with their wives, and with their children,
and with all their movable property, with their standing grain and with their
threshed grain. Do not impose a fine for those peasants [on their current lords]
for the years prior to this present Law Code.
4. If fugitive peasants and
landless peasants are returned to someone: chancellery officials of the
sovereign’s court villages and the rural taxpaying districts, and estate owners,
and pomeshchiks shall get from those people [to whom the fugitives are returned]
inventory receipts, signed by them, for those peasants and landless peasants of
theirs and their movable property in case of dispute in the future.
5. Concerning the vacant houses of peasants and landless peasants, or [their] house lots, registered in the cadastral books with certain estate owners and pomeshchiks; and in the cadastral books it is written about the peasants and landless peasants of those houses that those peasants and landless peasants fled from them in the years prior to [the compilation of] those cadastral books, but there was no petition from them against anyone about those peasants throughout this time: do not grant a trial for those peasants and landless peasants on the basis of those vacant houses and vacant lots because for many years they did not petition the sovereign against anyone about those peasants of theirs.
6. If fugitive peasants and
landless peasants are returned from someone to plaintiffs after trial and
investigation, and according to the cadastral books; or if someone returns
[fugitives] without trial according to [this] Law Code: on the petition of those
people under whom they had lived while fugitives, register those peasants in the
Pomest’e Prikaz [as living] under those people to whom they are returned.
7. If, after trial and investigation, and according to the cadastral books, peasants are taken away from any votchinniks and returned to plaintiffs from their purchased votchinas; and they purchased those votchinas from votchinniks with those peasants [living on them] after [the compilation of] the cadastres; and those peasants are registered on their lands in the purchase documents: those votchinniks, in the stead of those returned peasants, shall take from the sellers similar peasants with all [their] movable property, and with [their] standing grain and with [their] threshed grain, from their other votchinas.
8. Concerning those estate owners and pomeshchiks who in the past years had a trial about fugitive peasants and landless peasants; and at trial someone’s [claims] to such fugitive peasants were rejected, prior to this decree of the sovereign, on the basis of the statute of limitations on the recovery of fugitive peasants in the prior decree of the great Sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed memory; and those fugitive peasants and landless peasants were ordered to live under those people under whom they lived out the years [of the] statute of limitations: or certain pomeshchiks and votchinniks arranged an amicable agreement in past years, prior to this decree of the sovereign, about fugitive peasants and landless peasants, and according to the amicable agreement someone ceded his peasants to someone else, and they confirmed it with registered documents, or they submitted reconciliation petitions [to settle court suits] : all those cases shall remain as those cases were resolved prior to this decree of the sovereign. Do not consider those cases anew and do not renegotiate [them].[i][i]
9. Concerning peasants and landless peasants registered under someone in the census books of the past years 1645/46 and 1646/47; and after [the compilation of] those census books they fled from those people under whom they were registered in the census books, or they proceed to flee in the future: return those fugitive peasants and landless peasants, and their brothers, and children, and kinsmen, and grandchildren with [their] wives and with [their] children and with all [their] movable property, and with [their] standing grain and with threshed grain, from flight to those people from whom they fled, on the basis of the census books, without any statute of limitations. Henceforth no one ever shall receive others’ peasants and shall not retain them under himself.
10. If someone after this royal Law
Code proceeds to receive and retain under himself fugitive peasants, and
landless peasants, and their children, and brothers, and kinsmen; and
votchinniks and pomeshchiks demand those fugitive peasants of theirs from them
[in a trial] : after trial and investigation, and according to the census books,
return those fugitive peasants and landless peasants of theirs to them with
[their] wives and with [their] children, and with all their movable property,
and with [their] standing grain, and with [their] threshed grain, and with
[their] grain still in the ground, without any statute of limitations.
11. If someone proceeds to petition the sovereign against someone about such fugitive peasants and landless peasants; and those peasants and their fathers are not registered in the cadastral books under either the plaintiff or the defendant, but those peasants are registered under the plaintiff or the defendant in the census books of the past years 1645/46 and 1646/47: on the basis of the census books, return those peasants and landless peasants to that person under whom they are registered in the census books.
12. If a peasant’s daughter of marriageable age flees from someone, from a votchina or from a pomest’e, after this royal decree; and while a fugitive she marries someone’s limited service contract slave [kabalnogo cheloveka] or a peasant; or after this royal decree someone entices a peasant’s daughter of marriageable age, and having enticed [her] , marries her to his own limited service contract slave, or peasant, or landless peasant; and that person from whom she fled proceeds to petition the sovereign about her; and it is established about that conclusively at trial and investigation that that unmarried young woman fled, or was enticed away: return her to that person from whom she fled, along with her husband and with her children, which children she bore by that husband. Do not return her husband’s movable property with her.
13. If that fugitive unmarried young woman marries someone’s slave or peasant who is a widower; and prior [to his marriage] to her, that husband of hers had children by his first wife: do not return those first children of her husband to the plaintiff. They shall remain with that person in whose possession they were born into slavery or into peasantry.
14. If a plaintiff proceeds to sue for stolen property along with that fugitive unmarried young woman [which she allegedly stole when she fled]: grant him a trial for that. After trial compile the decree that is necessary.
15. If a peasant widow flees from someone; and her husband had been registered in the cadastral or allotment books, and in extracts [from them], or in any other documents among the peasants or the landless peasants [living] under that person from whom she fled; and having fled, that peasant woman marries someone’s limited service contract slave [kabalnogo] or peasant: return that peasant widow with her [new] husband to that pomeshchik under whom her first husband had been registered in the cadastral or census books. or in the extracts, and in any other documents.
16. If the first husband of that widow is not registered [as living] under that person from whom she fled in the cadastral and census books and in any other documents: that widow shall live under that person whose slave or peasant she marries.
17. If a peasant or landless peasant flees from someone; and in flight he marries his daughter of marriageable age or a widow to someone’s limited service contract slave [kabal...], or to a peasant, or to a landless peasant [living under] that person to whom he flees; and later on after trial it becomes necessary to return that fugitive peasant with [his] wife and with [his] children to that person from whom he fled: return that fugitive peasant or landless peasant to his former pomeshchik, together with his son-in-law to whom lie had married his daughter [while] in flight. If that son-in-law of his has children by his first wife: do not hand over those first children of his to the plaintiff.
18. If such a fugitive peasant or landless peasant, while in flight marries his daughter to someone’s limited service contract slave [kabaln...], or hereditary slave, or peasant, or landless peasant [registered under] another pomeshchik or votchinnik: return that peasant’s daughter who was married while in flight, along with her husband, to the plaintiff.
19. If a pomeshchik or estate owner
proceeds to discharge from his pomest’e or from his votchina, or someone’s
bailiffs and elders proceed to discharge, peasant daughters of marriageable age
or widows to marry someone’s slaves or peasants: they shall give such peasant
daughters, women of marriageable age and widows, manumission documents signed by
their own hands, or by their spiritual fathers, in case of a future dispute.
20. If any people come to someone
on [his] votchina and pomest’e and say about themselves that they are free; and
those people desire to live under them as peasants or landless peasants: those
people whom they approach shall interrogate them - what kind of free people are
they? And where is their birth place? And under whom did they live? And whence
did they come? And are they not someone’s fugitive slaves, and peasants, and
landless peasants? And do they have manumission documents?
21. If an estate owner or a
pomeshchik brings in for registration the person who approached him without
having checked accurately, and they proceed to take such people in as peasants:
return such people as peasants to plaintiffs after trial and investigation, and
according to the census books, along with [their] wives, and with [their]
children, and with [their] movable property.
22. Concerning peasant children who proceed to deny their fathers and mothers: torture them.
23. If people of all ranks,
desiring to bind under themselves others’ fugitive peasants and landless
peasants as their own, take loan documents or loan notes on them for a large
[crop] loan; and those fugitive peasants and landless peasants are returned to
someone after trial and investigation; and they [who gave the loans] proceed to
petition against those people [to whom the peasants were returned] for that
[crop] loan on the basis of those loan notes and loan documents: reject those
people who have such [crop] loan notes and loan documents. Do not grant them a
trial on the basis of those [crop] loan documents or of any other documents. Do
not believe those loan documents and [crop] loan notes.
24. Concerning brothers, and
children, and kinsmen of their peasants [living on the lands] of votchinniks and
pomeshchiks who are registered in the census books in households together with
their fathers and kinsmen; and after the census they split up and proceeded to
live by themselves in their own households: do not place those households in the
category of concealed households, and do not call them additional households,
and do not register them in the Pomest’e Prikaz because they are registered
together with their fathers and kinsmen in the census books.
25. Concerning people of all ranks who proceed to sue someone for their own fugitive peasants and for their peasant movable property, and they demand sums of 50 rubles and more in their claim [s] for such peasant movable property; and someone proceeds to sue someone for his own fugitive peasants, but he does not state the peasant movable property precisely in the plea, how much of what kinds of property, and the price of it; and the defendant does not testify that those peasants are [living] under him, and it becomes necessary [to resolve the case by] an oath: place [under the cross] 4 rubles per head for those peasants, as [demanded in] the plea; and for unspecified movable property, [place] 5 rubles for each [lot]; for large quantities of movable property, resolve [the case] by a trial.
26. If a defendant does not deny [that fugitive] peasants [are living under him] , but testifies about the movable property that that peasant came to him without any movable property; but the plaintiff testifies that his peasant came to that defendant of his with movable property; but he does not state in his plea how much of what kinds of movable property that peasants of his had, or the value of that peasant movable property; and it also becomes necessary [to resolve the case by] an oath: place 5 rubles per lot of undescribed peasant movables under the cross. Having taken the peasants from the defendant, return them to the plaintiff.
27. If someone at a trial denies [retaining] someone’s peasant and takes an oath on the matter; but later on that peasant, whom he denied under oath, appears on his property: having taken that peasant from him, return him to the plaintiff with all the movable property as [demanded] in the plea. Inflict a severe punishment on him for the offense that he kissed the cross not in accordance with the truth, beat him with the knout around the market places for three days so that it will become known to many people why the decreed punishment is being inflicted on him. Having beaten him with the knout around the market places for three days, imprison him for a year. Henceforth do not believe him in any matter, and do not grant him a trial in any cases against anyone.
28. Concerning defendants who do not deny having possession of peasants at trial, and after trial it becomes necessary, having taken such peasants from the defendant, to return them to the plaintiff: return such peasants as peasants to the plaintiffs with [their] wives and with [their] children, even though the children of those fugitive peasants are not registered in the cadastral books, but are living together with their father and mother, and not in separate households.
29. Concerning defendants who at a trial proceed to deny [having possession of] fugitive peasants and their peasant movable property; and later on they testify under oath that they do have those peasants; and they proceed to return them to the plaintiffs, but as previously they deny having the movable property: order that peasant movable property exacted from them and give it to the plaintiffs without taking an oath because at trial they denied everything concerning both people and property, but later they returned the peasants, but they want to reap the benefits from their property themselves.
30. Concerning peasants and landless peasants who are registered in the cadastral books, or in allotment books, or in records of land transfers, and in extracts [from these books as living] under pomeshchiks and votchinniks separately on their pomest’ia and votchinas: those pomeshchiks and votchinniks shall not move their peasants from their pomest’e lands to their votchina lands. They shall not thereby lay waste their pomest’ia.
31. If some pomeshchiks and votchinniks proceed to move their peasants from their pomest’e lands to their votchina lands; and subsequently their pomest’ia are given to any other pomeshchiks; and those new pomeshchiks proceed to petition the sovereign about those peasants who were moved from the pomest’ia to the votchinas [and they ask] that such peasants be returned from the votchinas to the pomest’ia from which they were moved: return those peasants from the votchinas to the pomest’ia for those new pomeshchiks with all their peasant movable property, and with [their] standing grain and with [their] threshed grain.
32. If someone’s peasants and
landless peasants proceed to hire themselves out to labor for someone: those
peasants and landless peasants shall hire themselves out to labor for people of
all ranks voluntarily with written documents or without written documents.
33. Concerning slaves and peasants who flee across the frontier from pomeshchiks and from votchinniks of all ranks and from the border towns; and, having been across the frontier and returning from across the frontier, they do not want to live with their own old pomeshchiks and votchinniks, [and] they proceed to request their freedom: having interrogated those fugitive slaves and peasants, return them to their old pomeshchiks and votchinniks from whom they fled. Do not grant them freedom.
34. Concerning slaves and peasants who flee across the frontier to the Swedish and [Polish-] Lithuanian side from any votchinniks and pomeshchiks who have been granted pomest’ia in the frontier towns; and across the frontier they marry similarly fugitive older women and young women of marriageable age [who belong to] different pomeshchiks; and having gotten married, they return from across the frontier to their own old pomeshchiks and votchinniks; and, when they return, those old pomeshchiks of theirs proceed to petition the sovereign, one about the young woman of marriageable age or about the older woman, [stating] that his peasant woman married that fugitive peasant; and his defendant proceeds to testify that his peasant married that fugitive young woman or the older woman across the frontier while a fugitive: at trial and investigation, grant them lots on the question of those fugitive slaves and peasants of theirs. Whoever gets the lot, that one [shall get the couple and] shall pay a 5-ruble marriage departure fee for the young woman, or for the older woman, or for the man because they were both fugitives across the frontier.
CHAPTER 12. -- The Judicial Process for the Patriarch’s Various Prikaz and
Palace Court Officials and Peasants.
In It Are 3 Articles.
1. Grant a trial immediately at the patriarch’s palace court in any cases against the patriarch’s chancellery and palace court officials, and deti boiarskie, and peasants, and people of all ranks who are living on the patriarch’s household estates because during the reign of the previous sovereigns, and during the reign of the great sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed memory they did not grant a trial against them in any of the chancelleries. They tried them at the patriarch’s palace court, [where] the patriarch hears and resolves judicial cases [himself].
2. If the patriarch’s chancellery
officials in any case give a verdict against a just litigant, and give a verdict
to an unjust litigant, in response to bribes, or out of friendship or enmity:
those people against whom verdicts are given against the evidence shall petition
the sovereign against such patriarchal chancellery officials. In response to
that petition, transfer the disputed cases from the patriarch’s chancelleries to
the sovereign and to all the boyars.
3. When the patriarch’s chancellery and palace court officials, and deti boiarskie, and patriarchal peasants proceed to sue any people in any of the chancelleries in any cases, and the defendants, not leaving the trial, proceed to file a counterclaim against them in the same chancelleries: grant a trial against them in those same chancelleries.
CHAPTER 13. -- The Monastery Prikaz. In It Are 7 Articles.
1. Up until [the
promulgation] of this royal Law Code, a trial in all cases against
metropolitans, and against archbishops, and bishops, and against their
chancellery officials, and against [ecclesiastical] palace court officials,
against deti boiarskie, and against their peasants, and against
monasteries, and archimandrites, and hegumens, and against stewards, and against
cellarers, and against treasurers, and against ordinary monks, and against
monastery servitors, and against peasants, and against priests, and against
other church officials was granted in the Prikaz of the Great Court.
2. When the metropolitans’, and archbishops’, and bishops’ chancellery and palace court officials, and deti boiarskie, and peasants, and also the archimandrites, and hegumens, and stewards, and cellarers, and treasurers of various monasteries, and cathedral and ordinary elders, and monastery servitors and peasants proceed to sue people of various ranks in a particular chancellery: and after his [sic] defense the defendants proceed to submit petitions with claims against those plaintiffs in their own grievances: in response to their counterclaims, grant trials to those defendants [who initiate their counterclaims] against metropolitans, and against archbishops, and against bishops, and against archimandrites, and against hegumens, and against stewards, and against cellarers, and against treasurers, and against cathedral and ordinary elders, and against the metropolitans’, and against the archbishops’ and against the bishops’ chancellery and palace court officials, and against deti boiarskie, and against monastery servitors, and against peasants in those same chancelleries, in response to their counterclaim petitions.
3. Concerning stewards
and peasants of the patriarch, and the metropolitans, and archbishops, and
bishops, and monasteries, and boyars, and courtiers, and
counselors, and peoples of all Moscow ranks who are living in the towns on
votchinas and pomest’ia belonging to church officials and lay lords: grant a
trial to townsmen of all ranks against those bailiffs, and against their slaves,
and against peasants of the patriarch, and of the metropolitans, and
archbishops, and bishops, and monasteries, and boyars, and people of all ranks
in the towns: and against townsmen to the stewards and peasants of the patriarch
and other high church officials, and the monasteries, and boyars, and
courtiers, and counselors, and peoples of all Moscow ranks in a suit for
up to 20 rubles.
4. If people of spiritual rank and monasteries proceed to initiate their own suits against servicemen; but in their petitions are written the names of archimandrites, and hegumens, and cellarers, and treasurers, and elders, and priests, and deacons; and if they themselves were assaulted, and dishonored, and robbed, or any wrongs were inflicted on them: in such suits where there is a petition [by someone] of monkly or priestly rank, according to the teaching of the Holy Apostles and the canons of the Holy Fathers there must be a casting of lots. There cannot be an oath by kissing the cross because, if an archimandrite, and a hegumen, and a priest, and a deacon, or someone in their stead kisses the cross, that person shall no longer function as a member of the clergy.
5. If in petitions are written the names of high church officials, and elders, and priests, deacons, and any kind of wrongs were committed on their estates, or anywhere against their servants or peasants, in any cases whatsoever: there will be no casting of lots in those suits. Grant them, [their] servants and peasants, an oath, kissing the cross.
6. If any plaintiffs or defendants, lay people, proceed to petition that, instead of taking an oath or casting lots in suits, people of spiritual rank be interrogated by the patriarch, and metropolitans, and archbishops, and bishops, those of priestly rank under the priestly oath, and monks under the monkly oath, and that judicial cases be resolved in that manner: grant those lay people, plaintiffs and defendants, their choice, whatever they want, [in their suits] with [people of] the priestly and monkly rank, whether [the evidence should be provided] by lots or by clerical interrogation. Order the lay people to affix their signatures to those testimonial transcripts. Resolve the cases on the basis of that [evidence].
7. Grant a trial in legal matters against all agriculturists on those same dates on which dates it is decreed that a trial will be granted against dvoriane and deti boiarskie because they, the same dvoriane and deti boiarskie, sue for and defend their peasants in all cases except theft and robbery, and crimes in which the suspect is apprehended red-handed, and homicide.
CHAPTER 14. -- The Oath. In It Are 10 Articles.
1. Concerning those
Russians of all ranks of the Muscovite state for whom it becomes necessary to
take an oath in judicial cases in all the chancelleries: they, or their slaves
for them, shall kiss the cross in different suits [a total of] three times.
2. If someone himself, or his slaves for him, kiss the cross three times in different suits; and if subsequently someone files a suit against him; or he himself proceeds to sue someone, and in those cases an oath would be appropriate: and if he desires either in the plaintiff’s, or in his own, suit to kiss the cross a fourth time: resolve that case by investigation. Do not grant him a cross-kissing oath in that case. If there is no evidence on which to conduct an investigation, resolve that case by torture.
3. If Lithuanians, or
Northern Europeans, or Tatars, or various other foreigners proceed to sue
Russians; and if in that suit of theirs it becomes necessary for the Russians to
kiss the cross and the foreigners to take an oath: in the foreigners’ suits,
take the oath from the Russians in the chancelleries where the foreigner
proceeds to sue, and keep a cross traced on an icon for that in the chancellery.
4. If a person of the Muscovite state sues any foreigner for anything, and the foreigner in that suit of his gives him the right to take an oath, and he in that suit of his also wants to take an oath by kissing the cross: give him his choice in that matter. If he in that suit of his does not want to kiss the cross; or the foreigner proceeds to sue him himself for something; and in that foreigner’s suit he does not want to take an oath by kissing the cross; and he proceeds to petition that he and the foreigner be given lots [to cast, to determine] who should kiss the cross: grant them lots in that case. Whoever’s lot comes up, that one, kissing the cross shall take his own [property he placed under the cross], or refuse to kiss the cross.
5. If it becomes
necessary for any slaves to kiss the cross for plaintiffs or defendants, and
they [the litigants] bring themselves to the cross [because] they have no
slaves; and those plaintiffs and defendants themselves are less than 20 years of
age, about age 15, and if they have no one to substitute for them: those
plaintiffs and defendants shall kiss the cross involuntarily, they shall bring
themselves to the cross, even though [that person is] less that] 20 years old.
6. Present at the
cross-kissing shall be a dvorianin and a scribe, plus sworn assistants
from the hundreds for protection. Plaintiffs and defendants shall kiss the cross
in their suits in September [and] October from the 2nd through the 6th hour of
the day; in November, December, January, and February, from the 1st through the
5th hour of the day; in March April, May, and July, from the 2nd through the 7th
hour of the day; in July [and] August, from the 3rd through the 6th hour of the
day. Do not kiss the cross after the statutory hours and in the evening.
7. Concerning slaves who proceed to sue someone in their own suits, and in the complaint he [sic] enters specifically the name of that one himself at whom the complaint is directed, [that is,] his [the defendant’s] slaves: and the defendant has his slave take the oath; and he [the plaintiff] states the name of that slave [whom he wishes to take the oath]: In such a case that slave of the defendant shall kiss the cross, [and it shall be] that [particular] slave of his who is named in the complaint, but not that person whom that defendant mentions by name at the trial.
8. Concerning plaintiffs
who sue defendants for 300 rubles and more, and at trial the defendant proposes
the taking of an oath to the plaintiff: in that suit one slave whom the
defendant trusts shall kiss the cross.
9. If someone kisses the cross, or if someone brings someone [else] to the cross [to kiss it for him], and commits perjury, and that is established conclusively: inflict on those people [slaves?] a severe punishment for that in the manner described above this in [chapter 11 on the] judicial process for peasants.
10. In the canons of the
Holy Fathers about the oath of kissing the cross the following is written: If a
Christian falsely leads [another] Christian to a kissing of the cross; and he
orders him to kiss the cross; and he [the latter] kisses the cross [to prove]
that his case is just: Basil the Great lays under a six-year [ecclesiastical]
censure such a person who takes an oath as a result of coercion, that is, he
separates him from the church, according to his 82nd canon.
CHAPTER 15. -- Cases That Have Been Decided. In It Are 5 Articles.
1. If someone has a suit over some matter with metropolitans, or with archbishops, or with bishops, or with monasteries; and those high church officials settle those cases with them out of court; and they confirm by officially registered notes that henceforth they will not revive those cases; but subsequently other metropolitans, or archbishops, or bishops, and, in monasteries, archimandrites, and hegumens, and cellarers, and stewards are in those positions; and they proceed to revive those former cases, and proceed to say about the former high church officials that those prior high church officials settled the cases out of court and submitted the registration notes unjustly: do not believe that petition of theirs. Do not retry those cases. [Those old cases] shall remain as settled by the previous high Church officials.
2. If any pomeshchiks or votchinniks have a suit with someone about peasants, or landless peasants, or lands, or any service [usufruct possessions] and votchina usufruct possessions; and they settle those cases with them out of court; and they confirm with officially registered notes that henceforth they will not revive those cases; but subsequently the pomest’ia or votchinas belonging to those pomeshchiks and votchinniks are given to other pomeshchiks or votchinniks; and the new pomeshchiks or votchinniks proceed to revive those prior cases; and they proceed to testify about the former pomeshchiks and votchinniks that those former pomeshchiks or votchinniks settled those cases out of court and gave the registration notes on themselves unjustly: do not believe that petition of the new pomeshchiks and votchinniks. Do not revive the old cases. Those old cases shall remain as settled by the previous pomeshchiks and votchinniks.
3. If a pomeshchik or an votchinnik sets free his own peasant or landless peasant from his own pomest’e or votchina and gives him a manumission document; and that peasant or landless peasant is registered under him in the cadastral books; and if subsequently that pomest’e or votchina is given to someone else; and the new pomeshchik or votchinnik proceeds to petition about that peasant or landless peasant whom the former pomeshchik or votchinnik had set free, [and alleges in his petition] that the former pomeshchik or votchinnik set free that peasant or landless peasant wrongly and [requests] that that peasant or landless peasant be returned turned to him; and if that peasant or landless peasant was set free from a votchina with a manumission document: do not return that peasant to the new votchinnik. But if the peasant was set free from a pomest’e: return that peasant to the new pomeshchik on the basis of the cadastral books because it has been decreed that pomeshchiks shall not set free peasants from pomest’ia.
4. Concerning all
judicial cases of people of all ranks in all chancelleries which were resolved
prior to this present Law Code by the sovereign’s decree and by decisions of the
boyars: do not revive such judicial cases in the future. Those cases shall
remain as those cases were resolved previously.
5. If a plaintiff and a
defendant, amicably agreeing among themselves, go to trial before arbiters; and
they give to their arbiters a memorandum on themselves in which they agree to
obey their arbitration decision; but if they do not proceed to obey the
arbitration decision: exact from them the sovereign’s fine, as the sovereign
decrees, and the arbiters shall exact from them their dishonor compensation.
CHAPTER 16. -Pomest’e Lands. In It Are 69 Articles.
1. [The following size] pomest’ia shall be in
Moscow province:
2. Concerning pomeshchiks of all ranks who desire to exchange their pomest’ia among themselves: they shall petition the sovereign about registering those exchanged pomest’ia of theirs. They shall submit signed petitions on that matter to the Pomest’e Prikaz.
3. Moscow people of all
ranks shall exchange pomest’ia with [other] Moscow people of all ranks, and with
provincial dvoriane and deti boiarskie, [and] with foreigners,
acre for acre, and inhabited land for inhabited land, and waste land for waste
land, and [also] uninhabited land for waste land. In response to their joint
petition and the signed petitions, record those pomest’ia of theirs [which] they
exchanged among themselves.
4. If some pomeshchiks and votchinniks proceed to exchange their own pomest’e lands or votchina lands for monastery votchina lands [in transactions with] archimandrites, and hegumens, and stewards, and monks of any monasteries; and those pomeshchiks, and votchinniks, and archimandrites, and hegumens, and stewards, and monks proceed to petition the sovereign for a registration of those exchanged lands: in response to their joint petition and their signed petitions, register such lands for them accordingly.
5. Concerning pomeshchiks and votchinniks of all ranks who proceed to exchange among themselves votchinas for pomest’ia, or pomest’ia for votchinas; and proceed to petition that, in response to their petition, those lands of theirs be registered, pomest’e as a votchina, or votchina as a pomest’e: on the basis of that joint petition of theirs, register such lands for them, as is written above this on that matter.
6. If someone exchanges a pomest’e with someone; or someone exchanges his votchina for pomest’e, and they proceed to possess those exchanged lands of theirs on the basis of notes [recording the transaction], but without having registered [the transaction] in the Pomest’e Prikaz; and one of them dies, but the other survives and proceeds to petition for registration of those exchanged lands: reject [such claims] for such exchanged lands. Do not register those exchanged lands for them after the death of one of the parties.
7. If someone proceeds to petition the sovereign about the registration of his exchanged pomest’e, or votchina [populated] with peasants; and he exchanges waste pomest’e or waste votchina for that populated pomest’e or votchina of his; and he writes about the peasants of his populated pomest’e or votchina that he is going to move the peasants from his own pomest’e to other pomest’e land of his: register such pomest’ia and votchinas on the basis of the signed petitions.
8. If someone proceeds to petition the sovereign about pomest’ia, which pomest’ia were given out as maintenance allotments to aged dvoriane and deti boiarskie who were discharged from service, and to old widows, and [the petitioners ask] that the sovereign bestow favor upon them, order those middle service class [dvorianskie] and widow maintenance pomest’ia be granted them for support: reject such people who proceed to petition that they be granted a pomest’e for support that is in someone’s possession. Do not grant them the pomest’ia for support.
9. If anyone surrenders a pomest’e because of superannuation -- an uncle to a nephew, or a brother to a brother; and in the document recording the surrender of the land and in the petition about registration he writes that the nephew is to feed the uncle, or the brother his brother, until his death; and subsequently the uncle proceeds to petition against the nephew, or the brother against the brother, [alleging] that he is not feeding him, is driving him off the pomest’e, and is ordering the peasants not to obey him: take away such surrendered pomest’ia from such nephews and brothers and return them to those to whom they belonged previously. Whatever documents they gave on themselves [surrendering the pomest’ia] are void.
10. If widows or
unmarried young women proceed to surrender their maintenance pomest’ia to anyone
so that those people to whom they surrender those pomest’ia of theirs will feed
them and find them a husband: they shall get signed registration documents from
those people to whom they surrender those pomest’ia of theirs [promising] that
such people will feed them and marry them off.
11. Unmarried young
women [may] surrender their own maintenance pomest’ia when the unmarried young
woman is of age, 15 years old.
12. Concerning people of all ranks who possess pomest’ia on the basis of documents recording the surrender of land, but they have not petitioned the sovereign about those pomest’ia, and those pomest’ia have not been registered for them in the Pomest’e Prikaz: take away those pomest’ia from them and give them away in a distribution to petitioners because they are possessing those pomest’ia on the basis of the documents recording the surrender of land without a decree from the sovereign.
13. Grant escheated
pomest’ia of people of all Moscow ranks, and provincial dvoriane and
deti boiarskie, and foreigners to their wives and children for their
maintenance according to statute.
14. Grant foreigners’ [pomest’ia] to foreigners with small or no pomest’ia. Do not grant foreigners’ pomest’ia to anyone besides foreigners. Do not grant Russians’ pomest’ia to foreigners.
15. If someone transgresses, marries a fourth wife, and begets children by her: after his [death] , do not grant his pomest’e and votchinas to that fourth wife of his and to the children whom he begat by that fourth wife.
16. If women remain
childless after [the death] of people of Moscow ranks, and provincial
dvoriane and deti boiarskie, and foreigners; and there are no
pomest’ia and purchased votchinas remaining after [the death of] their husbands,
and there is nothing from which to give them a maintenance allotment, but their
husbands’ estates granted for service [sluzhba] and clan votchinas [rodovye
votchiny] do remain: after review, grant the wives of such deceased
[servicemen] a maintenance allotment from their husbands’ estates granted for
service for the duration of their lives.
17. If a widow gets
betrothed with her own and a daughter’s pomest’ia: give the groom only the
widow’s portion, if he takes her; or the unmarried young woman’s [portion shall
be given to him] who takes the unmarried young woman.
18. If a widow [who is the former] wife ‘of a foreigner is betrothed with her own maintenance pomest’e to a dvorianin or a syn boiarskii, who has no pomest’e, or who has a pomest’e: register those maintenance pomest’ia for those people to whom they are betrothed accordingly.
19. If a widow of a dvorianin or a [widowed] wife of a syn boiarskii with a maintenance pomest’e makes an agreement to marry a baptized foreigner: that widow is free to marry the baptized foreigner with her own maintenance pomest’e accordingly.
20. Concerning the person to whom the widow or unmarried young woman with her own maintenance pomest’e is engaged: before his wedding that person shall petition the sovereign for a document registering that maintenance pomest’e. If someone fails to register such a maintenance pomest’e for himself before his wedding, and he proceeds to petition the sovereign about that maintenance pomest’e after his wedding: do not register that maintenance pomest’e for him. Distribute it, after review, to [members of] the clan who have no pomest’ia, or only small ones. If there are no [servicemen] in that clan without pomest’ia, or with only small ones: grant such pomest’ia to petitioners in other clans who proceed to petition the sovereign about that pomest’e.
21. If widows with their own maintenance pomest’ia marry dvoriane and deti boiarskie, and their husbands, having registered those maintenance pomest’ia of theirs, proceed to conceal their possession of old pomest’ia which belonged to their fathers; and, having taken those maintenance pomest’ia, they die; and those maintenance pomest’ia are granted as previously to those wives of theirs, who married them with those pomest’ia; and there are petitioners against those wives of theirs about those maintenance pomest’ia because of their husbands’ old concealed pomest’ia: reject those petitioners. Do not take away from widows those maintenance pomest’ia because of the concealment of the old pomest’ia of their husbands.
22. Concerning dvoriane and deti boiarskie who died in the sovereign’s service [sluzhba] at Smolensk, and were survived by mothers and wives with children, with minor sons; and the pomest’e grants in the possession of those dvoriane and deti boiarskie were small, 52, and 65, and 78, and 81, and 94, and 130 acres apiece; and after their death maintenance allotments from those pomest’ia of theirs were granted to-their wives, but not to their children; and at that time their children were minors, 3 and 4 years old; and those widows with those maintenance pomest’ia of their own married, and their husbands, besides those maintenance pomest’ia of theirs, had other pomest’ia; and their minor children did not petition against them about the fact that their mothers married someone with those pomest’ia because they were small at that time; but if now those children of theirs proceed to petition the sovereign about those pomest’ia, that those pomest’ia of their fathers be granted to them: having taken those pomest’ia of their fathers away from those people whom their mothers married, grant [the pomest’ia] to them, even if those people whom their mothers married have no pomest’ia [of their own].
23. If after the death of any pomeshchiks their pomest’ia are granted to their wives with children, or with step-children, or with [other] kinsmen; and the children, or step-children, or [other] kinsmen are small at that time; and there is no one to intercede and petition the sovereign on their behalf; and in the division of those pomest’ia they are wronged; and when they come of age, they proceed to petition the sovereign about that wrong: arrange an eye-to-eye confrontation of those [petitioners] with those people against whom they proceed to petition. Having conducted an investigation [that may have resorted to torture], grant them a repartition of the pomest’e.
24. Concerning dvoriane and deti boiarskie who are in possession of [their] fathers’ old pomest’ia in districts that have been destroyed; and they proceed to petition the sovereign [for the granting] of a new pomest’e: they shall reveal, and not conceal, those old pomest’ia of [their] fathers which are in the destroyed districts. Concerning him who does not conceal the old pomest’e: having conducted an investigation, grant him a new pomest’e, if his old pomest’e is genuinely depopulated and he has no [means] to support himself in service.
25. If someone is granted a new pomest’e, and he conceals a prior grant, [his] father’s or his own pomest’e; and there are petitioners against him for that; and it is established about that conclusively that he concealed [his] father’s pomest’e or his own prior grant: take from him as many acres as there are in that paternal or his own concealed pomest’e, from another pomest’e of his about which the petitioner proceeds to petition the sovereign, and grant it to the petitioner.
26. If someone falsely proceeds to petition the sovereign against someone about the concealment of a pomest’e, and it is established about that conclusively that that petitioner petitioned the sovereign falsely out of a desire to take a pomest’e away from someone by his deliberately false petition: those people against whom they proceed to petition falsely shall exact from such petitioners for their false petition [their] maintenance expenses and compensation for the delay in the amount of .20 ruble per day from that date when they file that false petition of theirs through that date when the case is resolved, so that everyone will learn not to petition falsely against anyone.
27. Concerning dvoriane and deti boiarskie who themselves proceed to petition for themselves for registration documents on their own unregistered old pomest’ia in order to register those pomest’ia of theirs in their name; and there have been no petitioners against them about those unregistered pomest’ia of theirs before their petition, even by only one day: register those old unregistered and concealed pomest’ia of theirs in the possession of those people as [their] pomest’e, as it was previously, together with their old pomest’ia, and as part of their compensation entitlements. Do not accuse them of concealing land for that.
28. If petitioners proceed to petition against someone about such unregistered and concealed pomest’ia before the petition [of those currently holding such lands], even by only one day: take such unregistered and concealed pomest’ia from those people and grant them to the petitioners according to the previous statute.
29. If dvoriane and deti boiarskie were in foreign captivity for ten, and for fifteen, and for twenty, and for twenty-five years and more; and their fathers’ pomest’ia, or their own individual pomest’ia were redistributed [to other servicemen] in their absence, when they were in captivity; and they proceed to petition the sovereign that he return those personal pomest’ia of their own and of their fathers to them: after review, return [their] fathers’ and their own pomest’ia which were redistributed [to others] to those [former] captives.
30. If enemy troops kill any dvorianin, or syn boiarskii, or foreigner in the sovereign’s service [sluzhba] in the regiments: grant their wives a maintenance allotment from their pomest’ia of 26 acres of land per 130 acres of their [land] compensation entitlement. Grant their daughters 13 acres per 130 acres.
31. If a dvorianin, or a syn boiarskii, or a foreigner dies in the sovereign’s service [sluzhba] in the regiments: grant their wives a maintenance allotment from their pomest’ia of 19.5 acres per 130 acres of their [land] compensation entitlement. Grant their daughters 9.75 acres per 130 acres.
32. If a dvorianin, or a syn boiarskii, or a foreigner dies at home, and not in the sovereign’s service: grant their wives a maintenance allotment from their pomest’ia of 13 acres per 130 acres of their [land] compensation entitlement. Grant their daughters 6.5 acres per 130 acres.
33. If after the death [of servicemen] their pomest’ia are granted to their children who have not yet been initiated into a service rank [neverstanym]; and those children of theirs die without ever receiving that service rank, and their wives and daughters survive them; and those wives and daughters of theirs proceed to petition the sovereign for a maintenance allotment for themselves from their pomest’ia; and the compensation entitlements of the fathers of those deceased cannot be located, and their fathers were killed or died in the sovereign’s service: grant the wives and daughters of those deceased who had never been initiated into a service rank a maintenance allotment from those pomest’ia of theirs equal to the compensation entitlement of a novitiate of the top and middle grades. Concerning those whose fathers died at home: grant them [maintenance allotments] equal to the compensation entitlement [of a novitiate] of the middle and lower grades.
34. Concerning dvoriane and deti boiarskie who have two or three sons, and those dvoriane and deti boiarskie have registered their own pomest’ia for their younger children, and they have registered their older children for an allotment [of new pomest’e land]; and those of their children whom they registered for allotment [of new pomest’e land] proceed to petition the sovereign against their younger brothers [and request] that the sovereign bestow favor upon them, order that that pomest’e of their father’s be given to all of them, that the inhabited land and the waste land be divided by acres because the pomest’ia in their possession are small new grants: in response to that petition of his [sic] , divide up for such petitioners their father’s pomest’e, plus their new grant, equally among all the brothers [after] having measured out the inhabited and the waste land in portions by acres so that none of them will be wronged by another. If someone has been given a large grant in acres as a pomest’e, do not grant him [his] father’s pomest’e. Grant the father’s pomest’e to the younger brothers.
35. If prior to the Moscow fire and after the Moscow fire [of 1626] , in the towns in the basin of the Desna and Seim Rivers in the Novgorod Severskii region, in Ryl’sk, in Putivl’, [and] in Belgorod, deti boiarskie of those towns were granted waste, deserted wild beehive tree lands as a pomest’e to satisfy the compensation entitlement for arable acreage; and others were granted rent-yielding lands as a pomest’e and as a source for a cash salary payment; and if in the future the deti boiarskie of those towns proceed to petition the sovereign about [granting] such wild beehive tree lands and rent-yielding lands as pomest’ia: having investigated rigorously by grand methods of inquiry, grant such deserted wild beehive tree lands as pomest’ia, if those wild beehive tree lands are genuinely deserted and there will be no dispute about them with anyone. But do not grant rent-yielding lands and wild beehive tree lands as arable acreage in a pomest’e to anyone.
36. If a pomeshchik finds unclaimed lakes or unused fish weirs in rivers somewhere, and they are not [currently allotted] as pomest’ia or votchinas, and are not paying taxes directly to the state; and he proceeds to petition the sovereign about those waters [and asks that they be assigned to him] as a pomest’e instead of arable acreage: after review, allot such waters to any pomeshchiks as a pomest’e in lieu of arable acreage.
37. Concerning dvoriane, and deti boiarskie, and pomeshchiks of all ranks who proceed to petition the sovereign about escheated pomest’ia; and they write in their petitions that no wives, and children, and [other members of the] clan have survived the deceased: order those petitioners to affix their signatures to those petitions of theirs. If such escheated pomest’ia are granted to someone; and subsequently the wives, and children, or clan [members] of those deceased proceed to petition the sovereign against those petitioners, [alleging] that those petitioners concealed them in their petition out of a deliberate desire to seize their pomest’ia; and it is established about that conclusively that the first petitioners concealed them: having taken away those escheated pomest’ia from those first petitioners, return [them] to the wives, and children, and relatives of the deceased, to Whom it becomes necessary, by decree. Concerning losses the first petitioners inflicted on their peasants prior to that return [of the land]: collect those losses from those petitioners two-fold and give them to those wives, and children, or relatives of the deceased, to whomever those pomest’ia are given.
38. If by the sovereign’s decree a pomest’e is taken away from someone and given out in a distribution; and rye is sown on those pomest’ia on the old pomeshchiks’ peasant tillage: grant the new pomeshchik [as much) seed from that rye for the cultivated arable of the peasant tillage as was sown for the old pomeshchik, but return [any] additional harvest [in excess of the seed requirement] to the old pomeshchiks. Those same peasants who sowed that grain shall harvest that grain. Concerning the grain which was sown for the old pomeshchiks by slaves or hirelings: the old pomeshchiks shall harvest that grain themselves. Do not force the peasants to harvest that grain of the slaves’ and hirelings’ tillage.
39. Concerning the waste lands and deserted lands of Moscow province and in the provincial towns which are rented out by the Great Revenue Prikaz [Bol’shoi Prikhod] and the regional taxation and administration chancelleries: do not sell those rent-yielding lands as votchinas and do not give them out as arable to boyars, and courtiers, and counselors, and stol’niki, and strapchie, and Moscow dvoriane, and service [sluzhilye] and chancellery officials of all ranks [chinov sluzhilym i prikaznym liudem]. Distribute those rent-yielding waste lands as pomest’ia to petitioners who have no pomest’ia or small ones [to supplement] their earlier pomest’ia [prescribed in their] compensation entitlements. If any such rent-yielding lands are granted to anyone in a distribution of pomest’e lands, remove such rent-yielding lands from the rent rolls.
40. Concerning deti boiarskie of the southern frontier towns who petition the sovereign for a pomest’e in the deserted lands, in the wild steppe: grant them [a pomest’e] from the deserted lands of the wild steppe. To those whose compensation entitlements are 520 acres per person, [grant] them 91 acres per person; and to those [whose compensation entitlements] are 390 acres, [grant] them 78 acres; and to those [whose compensation entitlements] are 325 acres, [grant] them 65 acres; and to those [whose compensation entitlements] are 260 or 195 acres, [grant] them 52 acres; and to those [whose compensation entitlements] are 130 acres, [grant] them 39 acres; and to those [whose compensation entitlements] are 91 acres, [grant] them 32.5 acres. Grant such lands to the petitioners within these limits.
41. Concerning lands which from of old were the pomest’e lands of Russians, and for many years lay waste; and in past years Tatars and Mordovians settled on those deserted lands according to grants in charters issued by the sovereign, and others [possess them] on the basis of charters issued by the boyars, charters which were granted at the time when there was no sovereign, when the boyars were camped near Moscow, and others [possess them] without any [formal] grants at all and they have been living on those lands for many years, and they are rendering the sovereign’s service [sluzhba] from those lands: do not take away those lands from them. But in the future do not grant the pomest’e lands of Russians to Tatars, or Tatar lands to Russians as pomest’e.
42. If Tatars and Mordovians have possession of Russians’ pomest’e lands, and they are paying rent from them; and in the future there are Russian petitioners about those lands: take those lands from the Tatars and the Mordovians and give them as pomest’e to Russians.
43. Boyars, and courtiers, and counselors, and stol’niki, and striapchie, and Moscow dvoriane, and provincial dvoriane and deti boiarskie, and Russians of all ranks shall not buy or exchange pomest’e lands or any [other] lands, and shall not take [land] on mortgage, and [as] grants, and on hire for many years [in any transactions] in the provincial towns with princes, and with mirzas, and with Tatars, and with Mordovians, and with Chuvashes, and with Cheremises, and with Votiaks, and with Bashkirs. If any Moscow people, and provincial dvoriane or deti boiarskie, and people of any ranks proceed in the provincial towns to take lands as a grant, or to buy [land], or to take land on a mortgage or for hire for many years, or to exchange land [in transactions] with princes, and with mirzas, and with Tatars, and with Mordovians, and with those various people who pay tribute [iasachnye zemli]: confiscate those Tatar pomest’ia and lands from which they pay tribute from those people of all ranks for the sovereign. Moreover, they shall be in disgrace with the sovereign for that.
44. Concerning princes, and mirzas, and Tatars, and Mordovians, and Chuvashes, and Cheremises, and Votiaks who have converted to the Orthodox Christian faith: do not take such pomest’e lands away from those converts and do not give them to the Tatars.
45. Mirzas and Tatars shall not lay waste their own pomest’ia. They shall not flee from those pomest’ia of theirs into other towns, nor anywhere into the villages and hamlets. They shall not abandon [military] service [sluzhba]. [They] shall live on their own pomest’ia and votchinas. They, the mirzas and the Tatars, shall possess their own pomest’ia where they were inducted into the pomest’ia by the grants. If any mirzas and Tatars, not desiring to serve the sovereign, and, by their own felonious conduct, not caring about themselves, proceed to give away, or exchange, and sell, and mortgage, and rent their own pomest’ia to Moscow and provincial dvoriane, and deti boiarskie, and people of all ranks; and to lay waste their pomest’ia, to rob the peasants, and to inflict oppressions and illegal actions on them; and the peasants flee from those pomest’ia of theirs because of their oppression; and, having laid waste or feloniously violated those pomest’ia of theirs, they proceed to flee into other towns [military districts] and into Tatar and Cheremis hamlets and proceed to flee from and abandon service, and subsequently that is established: inflict on those mirzas and Tatars a punishment for that that the sovereign decrees. In the same cases, inflict a severe punishment accordingly on those people with whom the mirzas proceed to live as fugitives. Rigorously order them henceforth not to harbor fugitive mirzas and Tatars on their properties for any reason.
46. Concerning the sovereign’s court villages and rural taxpaying districts which have been distributed to boyars, and courtiers, and counselors, and stol’niki, and striapchie, and Moscow dvoriane, and zhil’tsy, and provincial dvoriane, and deti boiarskie, and foreigners, and various servicemen as pomest’ia and votchinas; and the land in those grants of theirs is average or poor; and in the future additional land is discovered in those grants of theirs by assessment of the cadastral officials: supplement those grants of theirs out of the additionally discovered] lands. If some people do not have additional land in [their] grants: those lands shall remain in the possession of those people as [recorded in] their grants because there is no land to supplement it with, but do not diminish the land in the grants. The sazhen’ used to measure land, or anything else, shall consist of three arshins. Do not make the sazhen ‘ more or less than three arshins.
47. Concerning people who have been given pomest’ia from the sovereign’s court villages and the rural taxpaying districts and a votchina from a pomest’e for service [sluzhba; IE: a service votchina?] and for sitting out the [1611] siege of Moscow: do not supplement those votchinas of theirs.
48. Concerning votchinas which have been distributed as pomest’ia, and those votchinas were not supplemented [when] in the possession of the old votchinniks: henceforth those votchina lands which have been granted as pomest’ia from votchina lands shall be supplemented with additional lands because they have become pomest’e lands. If any people henceforth do not have additional land in [their] grants: those people shall possess their pomest’e lands according to their grants, whatever was given to someone, without supplementation, because there is nothing to supplement it with. Do not take away land from the grants. Grant supplements for average land [at the rate of] 32.5 acres per 130 acres of average land. Where the-land is poor: for poor land, supplement it with poor land at the rate of 65 acres per 130 acres. Calculate average and poor land in terms of good land.
49. In the past years through March 7, 1636, Peremyshi’ pomeshchiks [resettled] in Beloozero exchanged their pomest’ia with boyars, and courtiers, and dvoriane, and deti boiarskie’, and escheated pomest’ia of the same Beloozero deti boiarskie were granted to dvoriane and deti boiarskie: those exchanged and escheated pomest’ia and votchinas shall remain in the possession of those people to whom those pomest’ia and votchinas were granted in the past years through 1636. Henceforth Beloozero [service] men shall not exchange pomest’ia with [non-Beloozero] boyars, and courtiers, and with dvonane, and with deti boiarskie, [with] people of any ranks. Do not grant their escheated pomest’ia and votchinas to anyone who is not from Beloozero because after March 1, 1636, Beloozero [service] men were ordered not to exchange their pomest’ia and votchinas [with anyone not from Beloozero] and it was ordered that their lands should not be granted in a distribution to anyone.
50. And similarly cossacks shall not sell or give away their own cossack votchina lands to anyone.
51. If in past years in the presence of the cadastral officials people registered their pomest’e lands as their own votchinas in the cadastral books by their own testimony; but they did not deposit votchina documents on those lands with the cadastral officials, and up to the time of this present Law Code have not registered [any such documents]; and they have not obtained [any such] votchina documents; [and] they are possessing those pomest’ia of theirs as a votchina on their own volition, without the sovereign’s decree; and someone demands such lands in their possession: distribute those lands to the petitioners because [of the rule]: Do not call a pomest’e a votchina. But if it is established about those lands conclusively that those lands in their possession are their genuine votchina lands, and not pomest’e lands: order them to possess those lands as a votchina, even though they have no votchina documents for those lands and the lands are registered in the cadastral books as theirs [only] on the basis of their testimony.
52. [If] cadastral officials have given extracts from their books to any people, but those extracts do not correspond to the books: do not believe those extracts. Take those extracts from the pomeshchiks and votchinniks to the Pomest’e Prikaz. In place of those extracts, give them other extracts from the cadastral books and order those extracts written [exactly] like the cadastral books in all articles, word for word.
53. If any people, children after the death of their fathers, or other relatives and [people] of other clans, proceed to petition the sovereign about escheated pomest’ia; and those escheated pomest’ia are registered [for them] as pomest’ia; but those people for a long time do not get the sovereign’s charters in accord with the written registration on those pomest’ia of theirs; and they proceed to possess those pomest’ia without the sovereign’s charters, on the basis of the registrations; and petitioners proceed to petition the sovereign against them about that [and allege] that they are possessing those paternal or clan pomest’ia without the sovereign’s charters, and would [the sovereign] confiscate those pomest’ia from them for that and give them to the petitioners: do not confiscate such pomest’ia from those people against whom such a petition is filed. Order them to obtain the sovereign’s charters on those pomest’ia of theirs. Because they did not obtain charters on those pomest’ia of theirs for a long time, exact from them the seal fees two-fold for those charters.
54. Concerning petitioners who proceed to petition the sovereign that their relatives or third persons had registered their fathers’ pomest’ia for them, and they at that time were small; and during their childhood they lived with those relatives of theirs who registered those pomest’ia of their fathers for them; and after the registration, those same people who had petitioned for them took those pomest’ia of their fathers for themselves in exchange for their own poor pomest’ia, without their knowledge; and after [their] father’s death] they do not know about the registration for them of their pomest’ia and they have not exchanged those pomest’ia of their fathers with anyone: arrange visual confrontations for those petitioners concerning those exchanged pomest’ia with those people against whom they proceed to petition the sovereign. After the visual confrontation, rigorously conduct an investigation about those pomest’ia using all methods of inquiry. If it is established about that conclusively that those petitioners did not exchange the pomest’ia of their fathers with anyone; and those people against whom they proceed to petition about those pomest’ia of theirs took those pomest’ia of their [the petitioners’] fathers for themselves by exchange at those times when they were children, and not yet of mature years: having taken such pomest’ia from those people who took them by exchange, return them to those petitioners to whom those exchanged pomest’ia had been given. Order them [the defendants] to take possession of their own pomest’ia, which they are registering as their own pomest’ia in exchange with those petitioners. Grant visual confrontations on such exchanged pomest’ia to such petitioners when they are of age, 15 years old. If someone proceeds to petition the sovereign about such exchanged pomest’ia prior to age 15: grant them visual confrontations on such pomest’ia prior to the age of 15. If a petitioner is 20 years old, and there has been no petition about such an exchanged pomest’e from him during those years [between 15 and 20]: reject them [sic] after the 20th year [in their claims] for those exchanged pomest’ia, and do not grant visual confrontations. Concerning people who proceed to bring petitions for the registration of their exchanged pomest’ia signed by their spiritual fathers, or signed by their relatives, or signed by anyone else to the Pomest’e Prikaz: do not register pomest’ia in someone’s absence in response to such petitions. Interrogate those people: who is exchanging those pomest’ia, who has signed the exchange documents in their place? Do not register exchanged pomest’ia for anyone in the absence [of any of the parties] and without having interrogated those people who are exchanging their own pomest’ia and those people whose signatures are on the exchange petitions, so that in the future there will be no dispute on anyone’s part about exchanged pomest’ia.
55. Concerning escheated and clan pomest’ia and [pomest’ia] of other clans [vymorochnye i rodstvennye i chuzhie rodov pomest’ia] which are granted by the sovereign’s decree to petitioners of various ranks [in partition] with the widows and unmarried young women [who have survived the previous possessors of the pomest’ia]; and it is decreed in the partition documents that the widows and unmarried young women be allotted the home estate and the arable adjacent to the home estate, and ordered that the remainder of those pomest’ia be allotted to relatives or to [members of] another clan, the cultivated and the waste land in shares according to acreage; and the widows and the unmarried young women proceed to petition the sovereign that the allotments were made contrary to their petition, in various places, and not in one place where it is convenient for them; and those to whom the [pomest’e] was granted with them proceed to petition the sovereign [in return] against them, the widows and unmarried young women, that the best places were allotted to them, the widows and unmarried young women; or [allege] that they, the petitioners, among themselves have wronged one another in the partition, and proceed to petition the sovereign for a repartition document: give them a repartition document according to the sovereign’s decree, if they proceed to petition for a repartition document within a year after the service land grant. Do not grant such repartition documents beyond a year after the pomest’e land grant. If any petitioners, in response to a repartition document, are not able to arrange a just repartition among themselves, and they proceed to petition the sovereign for a second and third repartition document: grant them a second and a third repartition document. Do not grant anyone more than three repartition documents so that no one will suffer excessive maintenance expenses, and losses stemming from the delay, and financial losses in that matter.
56. If people marry widows or unmarried young women and annex the widows’ or the young women’s inhabited maintenance pomest’ia, large grants, to their own former small and waste pomest’ia; and subsequently they die; and after their death their wives proceed to petition the sovereign [to ask] that the sovereign bestow favor Upon them, order them given their former maintenance allotments with which they got married for maintenance; but the children of their husbands, the widows’ stepsons, proceed to petition the sovereign [to ask] the sovereign bestow favor upon them, to grant them their old pomest’ia, their fathers’ grants, and to order that their stepmothers’ maintenance allotments be divided among all of them, mixing it all up in accord with the grants. Women, who possess small maintenance pomest’ia and waste grants, and their old pomest’ia are larger than their wives’ maintenance pomest’ia; and those people die, and children of their first wives survive them, and those children proceed to petition the sovereign [to ask] that they be granted their fathers’ former pomest’ia, and that their stepmothers be granted their former pomest’ia with which they married their fathers; but their stepmothers proceed to petition the sovereign [to ask] that they be granted [lands for] maintenance from their husbands’ pomest’ia based on their compensation entitlements, and not [just] their former maintenance pomest’ia: after the death of such [servicemen], grant their wives [land] for maintenance, based on their [husbands’] compensation entitlements, according to the sovereign’s decree, as is written about that above this, from those pomest’ia with which those wives of theirs married them. If those widows’ former maintenance pomest’ia are in excess of the compensation entitlement for maintenance allotments: return that to the children of that deceased [serviceman]. If it becomes necessary to give such widows more for maintenance than that with which they married them because of their husbands’ compensation entitlements: grant them a supplement for maintenance to their former pomest’ia from the pomest’ia of their husbands. Grant the rest to the children of that deceased [serviceman].
57. If dvoriane and deti boiarskie die, and their wives and the sons of a first wife survive them; and the wives of those deceased proceed to petition the sovereign for a maintenance allotment from their husbands’ pomest’ia based on their husbands’ compensation entitlement; and their husbands’ compensation entitlements were high, but the pomest’e grants in their possession were small, and there were no votchinas; or they had service or clan votchinas [vysluzhennye ili rodovye votchiny] but [these were] also small: grant their wives [land] for maintenance only from their pomest’ia based on their high compensation entitlements. If only a small pomest’e grant remains for their children, and their children have nothing to live on, and to render the sovereign’s service with, from that small grant: after the death of such [servicemen], having mixed their small grants, pomest’ia and votchinas together, allot it in equal portions to their wives and to all the children, as much as is available for each one. Allot the inhabited and waste land in shares, by acreage. Grant such widows [land] for maintenance from their husbands’ pomest’ia, and not from their votchinas. Grant the votchinas after the death of such [servicemen] in portions to their children, and to the stepsons of their wives, so that such votchinas will not go out of the clan.
58. If after the death [of servicemen] their pomest’ia, full grants, are granted to their widowed wives and children jointly; and those widows proceed to petition the sovereign against their children that their children are not feeding them, and are not paying them any respect, and have expelled them from the’ house; and would the sovereign bestow favor upon them, order them granted the pomest’ia for maintenance apart from their children: in response to that petition of theirs, grant the widows [lands] for maintenance from their husbands’ pomest’ia based on their husbands’ compensation entitlements, according to statute, separately from their children. If such widows after their husbands’ [death] are given pomest’ia with their children jointly, small grants, and if there is nothing from which to give a widow full maintenance allotment based on the husband’s compensation entitlement: allot such small pomest’ia in shares to such widows and their children, as much as is available for each, allotting the inhabited and the waste land in shares by acreage.
59. If petitioners proceed to petition the sovereign against someone about fraudulently-acquired votchinas or about concealed pomest’ia; and in response to their petition it becomes necessary to arrange visual confrontations for them in such cases; and those people against whom they have petitioned to the sovereign have been sent on the sovereign’s service [sluzhba] or on business in the provincial towns; and others at such times proceed to say that they are ill; and the petitioners proceed to petition the sovereign that he should order their children, and brothers, and kinsmen, and slaves who sue for and defend in other chancelleries those people who are in service and who claim that they are ill to be present for the visual confrontation for them: in such pomest’e and votchina cases grant visual confrontations to those petitioners with those people against whom they proceed to petition at that time when they return to Moscow from the sovereign’s service. Concerning people who proceed to say that they are ill: examine those ill people to determine whether they are truly ill. If upon examination those people are truly ill, and they are in no way able to go to a visual confrontation: grant those sick people a continuance of half a year for the visual confrontation because of their illness. Do not take their children, and brothers, and kinsmen, and slaves to a visual confrontation against their will in such cases. If someone’s illness is prolonged for more than half a year: order those people, after half a year, to send whomever they trust in that matter to the visual confrontation in their place. Do not grant anyone a continuance of more than half a year for illness in such cases.
60. Concerning dvoriane and deti boiarskie of various towns who proceed to petition the sovereign, and in their petitions write that they have cleared lands and glades for arable and for hay in the income-producing usufruct forests within their own boundaries and within grants [to join them] to their own votchinas and pomest’ia; or those same petitioners proceed to petition the sovereign about [turning] forests in various groves into arable; and .in response to their petition and after an investigation, those newly tilled lands, glades, and forests are granted to them as arable acreage; but after the grants [have been made] to them, petitioners proceed to petition the sovereign, [alleging] that those previous petitioners had petitioned the sovereign falsely [in claiming that] those forests were deserted and that they had plowed up the land in their own groves in the forests; but [in reality] those forests were granted to all of them as usufruct possessions [to supplement] their pomest’ia and votchinas, and they all ride into those forests together, and those common forests are inventoried in the cadastral books; and in response to that petition of the last petitioners it is established conclusively that the former petitioners appropriated the lands in the common forests, in the usufruct possessions, by lying: take those lands from [those] grants back from them. Those lands shall be [used by] all the pomeshchiks and votchinniks jointly.
61. Concerning provincial dvoriane and deti boiankie who are old and wounded, and discharged from the sovereign’s regimental service, but they are ordered to serve in the fortress siege service; and others because of their wounds are unable to render any service [sluzhba] to the sovereign; but they have been granted large pomest’ia; and they have no children; and petitioners proceed to petition the sovereign against those deti boiarskie, [and they ask] the sovereign to order that those discharged and wounded dvoriane and deti boiarskie be put on a maintenance allotment from their pomest’ia, by the sovereign’s own decree, and that the sovereign favor them, the petitioners, with the remainder of it: reject those petitioners. Old and wounded dvoriane and deti boiarskie shall possess those pomest’ia for as long as they live. Levy recruits from them for the sovereign’s service from those pomest’ia of theirs, or cash for the recruits, as much as the sovereign decrees.
62. Concerning Moscow-area pomest’ia in the possession of stol’niki, and striapchie, and Moscow dvoriane, and of provincial dvoriane, and deti boiarskie, and of chancellery and palace court officials; and when those pomeshchiks die, and wives and minor children survive them; and others of their children are at that time in residence with the sovereign [at his palace where they render service [sluzhba] to him]; and they proceed to petition the sovereign about [making] those Moscow-area pomest’ia of theirs [legally] into their own pomest’ia: register such Moscow-area pomest’ia of those deceased [servicemen] for the children.
63. Concerning petitioners who proceed to petition the sovereign against someone about deserted peripheral lands [porozzhikh, obvodnykh zemliax (outside the boundaries of votchina and pomest’e lands)]; and in the investigation the people being interrogated testify about those lands that those people against whom such a petition has been filed do possess the deserted peripheral lands [outside the boundaries of votchina and pomest’e lands]; but by the cadastral books it is established that those lands are inside the boundaries and limits of those people against whom there is a petition about those lands: on the basis of the cadastral books, those lands shall remain in the possession of those people for whom the cadastral officials registered, and surveyed, and included those lands within the boundaries of their pomest’ia or votchinas. Do not believe the people interrogated about such lands.
64. Concerning a petitioner, who, having petitioned the sovereign about a pomest’e [which is concealed] or [cleared] from deserted lands, or for a purchase [of land]; and, having submitted the petition, does not proceed to go after an abstract for three months; and other petitioners proceed to petition the sovereign about that same pomest’e after him; and after [the later petitioners have gotten] their abstract, the prior petitioner again turns his attention to that case: reject those prior petitioners.
65. If someone submits a petition about such lands, and immediately after that they order him to report for the sovereign’s service: such petitioners shall bring continuance petitions to [supplement] their petitions. If someone does not bring in a continuance petition [to supplement] his petition, and departs for the sovereign’s service [sluzhba] without having submitted a continuance petition, and there are other petitioners about those lands after them [sic]: after the statutory three months, grant those lands to the latter petitioners. If in such a case a continuance for the sovereign’s service is granted to someone and his continuance petition is [included] in the records: do not grant such pomest’ia to other petitioners until that time when they return from the sovereign’s service. Those people, returning from service, shall petition the sovereign promptly about such cases and they shall bring petitions requesting that the litigants appear in the Pomest’e Prikaz. If someone, having returned from the sovereign’s service, does not proceed to petition the sovereign for three months in that case: after the statutory three months, grant such lands to the later petitioners in response to their petition.
66. Concerning deti boiarskie serving in the palace court of the patriarch: those deti boiarskie in the service [sluzhba] of the patriarch shall not possess the sovereign’s pomest’e lands. The patriarch shall grant them pomest’ia from his own land fund. Concerning deti boiarskie in the service of the patriarch who by any means, or by concealment, take a pomest’e from the sovereign’s lands: take away those pomest’ia from those [people] and give [them] to the petitioners. For the concealment, inflict the punishment that the sovereign decrees.
67. Concerning people serving as jailors in the Moscow Administrative Prikaz: do not grant pomest’ia to those jailors. If any jailors are in possession of pomest’ia as grants: discharge those people as jailors and order them to render the sovereign’s service [sluzhba] from the provinces on the basis of the pomest’e. If they do not proceed to render the sovereign’s service from the provinces: take those pomest’ia of theirs away from them and grant [them] to petitioners in a general distribution.
68. Concerning dvoriane who previously served in Novgorod and in Pskov, but now they are inscribed in the Moscow service list [spiska]; and they have been granted pomest’ia in the trans-Moscow towns, but their old Novgorod and Pskov pomest’ia are still in their possession: take away those old Novgorod and Pskov pomest’ia of theirs and grant them in a distribution to Novgorodians and Pskovians, dvoriane and deti boiarskie, because those dvoriane are serving on the Moscow service list, and they have been granted pomest’ia in the trans-Moscow towns, and it has been ordered that those dvoriane shall not possess pomest’ia in Pskov and Great Novgorod.
69. Concerning dvoriane and deti boiarskie who, desiring not to render the sovereign’s service, while in the sovereign’s service, feloniously give away their pomest’ia to someone on mortgage, and sell their votchinas, and flee from the sovereign’s service; and the generals proceed to write about them to the sovereign: having located such fugitives, inflict punishment for their flight: having beaten them with the knout without mercy, send them back to the regiments under guard of bailiffs. Take away those pomest’ia and votchinas of theirs from those people to whom they gave those pomest’ia of theirs on mortgage and sold their votchinas while in the sovereign’s service [sluzhba] in the regiments, and give them back to the sellers for no money.
CHAPTER 17. -- Votchinas. In It Are 55 Articles.
1. In the past year 1627/28, the great Sovereign, Tsar, and Grand Prince of all Russia of
blessed memory Mikhail Fedorovich, and his royal father, also of blessed memory,
the great Sovereign, most holy Filaret Nikitich, Patriarch of Moscow and all
Russia, promulgated a decree in accord with the canons of the Holy Apostles and
the Holy Fathers on clan votchinas [rodovye votchiny] and on service
votchinas [vysluzhenye votchiny, hereditary estates awarded for service,
a hybrid of pomest’e & votchina)]: if someone dies, and a
childless wife survives him, and also natural brothers, and cousins, and [other
members of] the clan survive him: give those votchinas to [members of] the clan
of that deceased who died, to natural brothers, and to cousins, and to [other
members of] the clan, whoever is closer [to the deceased].
2. Concerning
votchinniks who are survived by their married daughters and sisters: and
petitioners, the married daughters and sisters of those deceased, proceed to
petition for ownership of their votchinas on the basis of kinship: issue a
decree for them according to statute -- they shall be the owners of those
votchinas.
3. Grant maintenance
allotments from votchinas granted for service after [their] owners have
died to their widowed mothers after a review [to determine] whether those
mothers of theirs are living together with them, and [whether] heretofore
anything had been given them for maintenance.
4. The sovereign has
decreed and the boyars have affirmed that clan votchinas and service votchinas
shall be [owned] according to the canons of the Holy Apostles and the Holy
Fathers and according to the statute of the former sovereigns, both of his royal
father of blessed memory, the great Sovereign, Tsar, and Grand Prince of all
Russia Mikhail Fedorovich and his royal grandfather, also of blessed memory, the
great Sovereign, most holy Filaret Nikitich, patriarch of Moscow and all Russia,
of 1627/28 and 1628/29, as is written above this.
5. If a deceased leaves a purchased votchina, but does not leave a clan votchina, [or] a service votchina, [or] a pomest’e, and that same deceased leaves a second or a third wife, and the children whom he begat by the first, or by the second, or by the third wife; and there is nothing from which to grant those children of his whom he begat by the first, or by the second, or by the third wife a pomest’e except a purchased votchina: having divided [the votchina] into shares, grant the purchased votchina to his wife and all his children in an amount each share permits.
6. If, after someone dies, a purchased votchina is granted to his wife, excluding the children: she is free [to do as she pleases] on that votchina. No one has any claim on that votchina.
7. If any people,
departing this world, bequeath their own purchased votchinas in their wills to
their childless wives, on the condition that their wives do not remarry after
them; but if their wives do remarry: they shall have no claims on those
votchinas. Grant those votchinas of theirs to their brothers, or to [other
members of] the clan. Or, if it is written in the wills that their wives, when
they become widows, shall possess those purchased votchinas of theirs only as
long as they live, or until the time when they become nuns, but when those wives
of theirs become nuns or die, those purchased votchinas of theirs for that
reason should be given to their brothers, or to [other members of] the clan: on
the basis of such wills their childless wives shall possess purchased votchinas
after the death [of their husbands] until the time when they remarry, or become
nuns, or die.
8. Concerning people who
purchase for themselves their own pomest’ya as a votchina; or they purchase for
themselves the clan votchinas and the service votchina from votchinniks of the
clan: and subsequently they die, and their surviving wives are childless: grant
those childless wives of theirs only those purchased votchinas which they
purchased for themselves from their own pomest’ya.
9. Sell pomest’e lands as votchinas in accord with the sovereign’s signed decree, to whomever the sovereign so favors. Pomeshchiks shall not sell their pomest’e lands as a votchina to anyone without the sovereign’s signed decree.
10. Concerning service votchinas which in the
past years through 1627/28 were granted after the [deaths of] husbands to their
childless wives, but from 1627/28 through 1631/32 those votchinas were taken
away from those widows and granted to [members of] the clan of their husbands,
but [in instances where] no one of that clan has survived, those votchinas were
granted to petitioners as pomest’e lands; but afterwards, since 1631/32, by the
decree of the great Sovereign, Tsar, and Grand Prince of all Russia Mikhail
Fedorovich of blessed memory and his royal father of blessed memory, the great
Sovereign, most holy Filaret Nikitich, Patriarch of Moscow and all Russia, those
votchinas were taken out of distribution [as pomest’ia] and were given back to
those same widows from whom those votchinas had been taken away, and they were
ordered to possess those votchinas as long as they lived: those votchinas shall
remain [in the possession] of those widows while they are living.
11. Concerning
votchinniks who died in past years prior to 1627/28; and childless wives
survived them and sold their husbands’ votchinas; and subsequently those wives
died; and other wives of votchinniks became nuns, and those votchinas of theirs
are now in the possession of [other] votchinniks as a result of sale and
mortgage; and if [potential] votchinniks of those votchinas turn up on the basis
of kinship: they shall redeem [those votchinas] according to statute.
12. Concerning votchinniks who in years past, up to 1627/28, were survived by widowed mothers and wives; and those widows possess the votchinas of those votchinniks, but those widows do not possess any pomest’e maintenance allotments: do not confiscate those votchinas from those widows while they live. They shall not in any manner sell, mortgage, or give away those votchinas [for prayers] for souls.
13. If after the death of a votchinnik his
votchina is given to his children, two sons, or three people jointly: they all
together shall own that votchina. No one of them shall sell or mortgage that
votchina without [the participation of every other] one.
14. If after someone’s
death his votchina is given to his male children, two or three people jointly:
and one of them desires to sell or to mortgage his share of that paternal
votchina because of his own poverty: he is free to sell or mortgage that share
of his votchina.
15. If deaf and dumb children survive a deceased; and their brothers, or sisters, proceed to harm them, and proceed to alienate their paternal or maternal estate: those children of the deceased shall divide the estates of their father or mother into shares, equally for all, so that no one of them will be harmed.
16. Concerning people who in past years, in the reign of the great Sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed memory, were granted votchinas for sitting out the siege of Moscow, when they had sat out the siege in Moscow, during the reign of the Sovereign, Tsar, and Grand Prince of all Russia Vasilii Ivanovich [Shuiskii] of blessed memory, and the great Sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich also of blessed memory during the campaign of the [Polish] Crown Prince [Wladyslaw], and votchina charters for those votchinas were granted to them: those people shall [continue to] own those votchinas on the basis of the grant charters and the cadastral books.
17. Concerning people
who were granted votchinas after investigation for having sat out the siege of
Moscow; and petitioners proceed to petition against those people [and allege]
that they were not in the siege, and their names are not written in the siege
register: in response to that petition, rigorously investigate those people who
own such votchinas. Arrange an eye-to-eye confrontation with those people who
petition against them.
18. According to the
survey by cadastral officials, certain people in the past years held
supplemental lands in [their] ancient and clan votchinas, but not in new grants,
and they have tilled those [supplemental] lands: and they raised hamlets and
settlements out of their own usufruct possessions, out of [their own] assigned
forests, and out of [their own] meadows; and by the decree of the great
Sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed
memory, those supplemental lands were given to those same votchinniks also as a
votchina because those lands in their possession [were] their ancient votchinas,
and not new grants: those people shall [continue] to own those votchinas of
theirs accordingly, on the basis of the grant charters and the cadastral books.
19. Concerning stol’niki, and striapchie, and Moscow dvoriane, and people of all ranks who were given votchinas from their pomest’ia for sitting out the siege of Moscow during the campaign of the [Polish] Crown Prince [Wladyslaw]: but their votchina entitlements were not granted in full according to the sovereign’s decree because at that time they had no pomest’ia adequate to fulfill their votchina grants, but later on new pomest’ia were granted to them, and they proceed to petition the sovereign, would the sovereign bestow favor upon them, order them to complement their votchina compensation entitlements from those new pomest’ia of theirs: those petitioners shall complement their votchina compensation entitlements from their new pomest’e grants.
20. Concerning stol’niki, and striapchie, and provincial dvoriane, and deti boiarskie who were granted pomest’ia in Dorogobuzh, in Belaia, in Nevl’, in Serpeisk, in Novgorod-Severskii, in Starodub, [and] in Roslavl’; and out of those pomest’ya they were granted votchinas for sitting out the siege of Moscow, when they sat out the siege in Moscow, during the reign of the Sovereign, Tsar, and Grand Prince of all Russia Vasilii Ivanovich [Shuiskii] of blessed memory; and they have votchina charters on those votchinas; and those votchinas of theirs passed with the towns into Lithuanian territory; and if those votchinniks in the future proceed to petition the sovereign, would the sovereign bestow favor upon them, order that they be granted votchina land out of their new pomest’ia in the place of those lost estates of theirs, as much as they had in their old votchinas; and they present the votchina charters on those old votchinas of theirs: grant those petitioners a votchina equal to their lost estates out of their new pomest’ia or as many acres as passed from the votchina of each into Lithuanian territory.
21. Concerning those votchinniks and pomeshchiks who, according to the cadastral books, have their beehive trees on their pomest’e lands or on votchina lands, within their limits and boundaries: those votchinniks and pomeshchiks are therefore free to clear those beehive trees of theirs, inside their own boundaries and limits, which boundaries and limits are registered in the cadastral books, for arable and for hay meadows, and to set up villages and hamlets.
22. Concerning those pomeshchiks and votchinniks who have their beehive tree usufruct possessions outside [of their own estates], on the lands or other pomeshchiks and votchinniks, and not on their own pomest’e lands and votchina lands: they shall possess those outside usufruct possessions on the same basis as is written about such usufruct possessions above this in chapter [10] on the judicial process.
23. Concerning beehive trees, or fish weirs, and beaver dams, and fowl and game blinds, and places where one can catch birds with a net, and mills, and fords, and hay meadows and various usufruct possessions on the sovereign’s lands, and not on pomest’e lands and not on votchina lands; and those beehive trees and various usufruct possessions are on lands outside their estates: and peasants of those same pomeshchiks and votchinniks and various other people possess them in exchange for a rent payment: those rent payers shall [continue to] pay rent from those lands and from various usufruct possessions. Do not exclude that rent from the taxes [paid by the peasants].
24. Concerning court
villages, honey-collecting hamlets, and rural taxpaying districts which by the
sovereign’s generosity are newly granted as pomest’ia and as votchinas to
various pomeshchiks and votchinniks, and those villages and hamlets in various
usufruct possessions and in lumber and firewood forests are not measured off in
terms of arable land; and in the future cadastral officials proceed to register
those court villages, and honey-collecting hamlets, and rural taxpaying
districts as belonging to those pomeshchiks and votchinniks: the cadastral
officials shall divide up all those usufruct possessions and firewood and lumber
forests, having measured them off in terms of arable land, according to their
grants, except for old pomest’e and votchina lands.
25. Concerning the fact
that in past years, in the reign of the great Sovereign, Tsar, and Grand Prince
of all Russia Mikhail Fedorovich of blessed memory, there were many petitioners
about pomest’ia and votchinas against stol’niki, and against
striapchie, and against dvoriane and deti boiarskie,
which stol’niki, and striapchie, and dvoriane, and deti
boiarskie were in Tushino and in the towns, towns which were allied with
the Impostor, during the Time of Troubles; the pomest’ia and votchinas were not
confiscated from those stol’niki, and from striapchie, and
from dvoriane, and from deti boiarskie and were not
distributed to petitioners in a distribution, and those stol’niki, and
striapchie, and dvoriane, and deti boiarskie were
ordered to possess the votchinas and pomest’ia as previously: and votchina
charters were issued for their old clan and purchased votchinas because they,
having come to Moscow after the destruction of Moscow, joined with the boyars
and the generals, stood against the Lithuanians, and together defended the
Muscovite state against the Lithuanians, and by the grace of God, with their own
outstanding service they defended and cleansed the Muscovite state of the
Lithuanians: for this reason those votchinas and pomest’ia in the possession of
such stol’niki, and striapchie, and dvoriane, and deti
boiarskie shall be inviolate; they shall [continue to] possess those
pomest’ia and votchinas on the basis of prior grants and grant charters,
charters which were issued to them after the destruction of Moscow.
26. Concerning stol’niki, and striapchie, and Moscow dvoriane, and provincial dvoriane, and deti boiarskie who were in Tushino, and their votchinas were handed out [to others] in a distribution during the reign of the Sovereign, Tsar, and Grand Prince of all Russia Vasilii Ivanovich [Shuiskii] of blessed memory, and those votchinas of theirs were not given back to them until this time: those votchinas shall remain as they were handed out in the grants of the Sovereign, Tsar, and Grand Prince of all Russia Vasilii Ivanovich [Shuiskii] of blessed memory in the possession of those people to whom those votchinas were granted irrevocably.
27. When someone sells
or mortgages a clan votchina or a service votchina: henceforth his children and
grandchildren shall have no claim to that votchina, and do not give them that
votchina for redemption.
28. But if it is written in an votchina purchase document or in a mortgage document that for construction on the votchina those people who redeem [it] shall pay cash according to the testimony of those people from whom they redeem those votchinas: according to those purchase documents and mortgage documents, for the additional construction on the votchina those people from whom they proceed to redeem those votchinas shall exact money from those people who proceed to redeem those votchinas from them on the basis of the purchase documents and the mortgage documents.
29. If someone proceeds to redeem a votchina from a votchinnik; and on that votchina there are extra homesteads above [those listed in] the purchase document, but in those homesteads are settled peasant children, or brothers, or nephews who were listed in the purchase document, and not newcomers from elsewhere: and in the purchase document or in the mortgage document they were registered together with their fathers and with brothers, or with [their] uncles, and not [in] separate [homesteads]: do not consider those peasants a gain. Do not take money for them from those people who proceed to redeem them because they are the old peasants of that votchina, and they did not arrive recently.
30. Hold trial concerning [the ownership of] a votchina within forty years. But if votchinas have been [recorded] in a purchase document or in a mortgage document for more than forty years, and votchinniks proceed to petition to redeem such votchinas after forty years: do not grant such votchinas to anyone for redemption after the statutory forty years.
31. If someone sells or
mortgages his own purchased votchina: or gives it away to someone for no money,
and he gives a document on that votchina; or wills it to someone after his
death, and writes it down in the will, and that will is not disputed when it is
witnessed: his children, and grandchildren, and others of his clan henceforth
shall have no claim on that votchina. Do not give that votchina to them for
redemption.
32. If someone mortgages
to someone [else] his own clan, or service, or purchased votchina until a
certain date; and he gives a mortgage document on himself; and on the basis of
that mortgage document proceeds to redeem that votchina of his on the date, or
prior to the date, and brings the cash to that person with whom that votchina of
his is mortgaged; and that person with whom that votchina of his mortgaged, out
of desire to seize that estate of his, does not accept that money prior to the
date or on the date from him so that on the basis of the date he can win that
votchina from him in litigation: that borrower shall submit a petition to the
sovereign against that person who does not accept that money from him, without
letting that date lapse; he shall bring the loaned money to the Prikaz [Pomest’e
Prikaz] in full, equal to [the sum stated in] the mortgage document.
33. If someone fails to repay someone the money for a mortgaged votchina on time, and he proceeds to petition the sovereign after the date about the redemption of that votchina of his: reject him in that matter. Do not give him his mortgaged votchina for redemption. Order those to whom he was in debt in the mortgage to own such mortgaged votchinas. On the basis of the mortgage documents, order that such mortgaged estates be written down in the books as the property of those people to whom those votchinas were forfeit by default on the mortgage, in the absence of a petition of that person who, having mortgaged that votchina, allowed the date to lapse, after having consulted with the Judicial Prikaz about whether or not his petition about the redemption of that mortgaged votchina was [filed] in the Judicial Prikaz.
34. If someone sells his own clan, or service, or
purchased votchina to someone, and takes the money, and gives a purchase
document; but does not register that votchina in the books in the Pomest’e
Prikaz as the property of the purchaser; and subsequently he feloniously sells
that same votchina of his to someone else, and takes the money, and registers
that votchina in the books in the Pomest’e Prikaz as the property of the latter
purchaser: that person for whom that votchina is registered in the books in the
Pomest’e Prikaz shall own that votchina. Order the first purchaser not to own
that votchina because he, having purchased that votchina, did not register it as
his own in the books in the Pomest’e Prikaz.
35. If someone
feloniously sells or mortgages someone else’s clan, or service, or purchased
votchina; and in the purchase document, or in the mortgage document, records
that person to whom that votchina belongs among the sellers; and he forges a
signature on the purchase or mortgage document in the absence of that person to
whom that votchina belongs and also signs for him; and he registers that
purchased or mortgaged votchina in the books in the Pomest’e Prikaz in collusion
with that person to whom he sells or mortgages that votchina; and subsequently
that person to whom that votchina belongs proceeds to petition the sovereign
against him [and alleges] that he himself did not sell or mortgage that votchina
of his to anyone, and did not order anyone to sell or to sign a purchase
document or a mortgage document in his place: and that is established
conclusively: on the basis of the registered documents give back that votchina
to that votchinnik to whom that votchina belongs.
36. If someone sells or
mortgages his own votchina to someone; and orders someone else to sign the
purchase document or the mortgage document in his place because he himself is
illiterate; and afterwards he proceeds to petition the sovereign against that
person who signed in his place and says that he signed in his place without his
knowledge; and that person who signed in his place proceeds to petition the
sovereign and says that he is deliberately slandering him, that he signed the
sale document or the mortgage document at his order, and not without his
knowledge; and in response to that petition of his it is established about that
conclusively that he signed the purchase document or the mortgage document at
the order of that person who slandered him: on the basis of that investigation
inflict a severe punishment on that person who deliberately slandered him for
his slanderous petition, order him beaten mercilessly with the knout in the
presence of many people so that others looking on will learn not to do that.
Order that his votchina not be taken away from that person to whom he sold or
mortgaged [it].
37. Concerning the
deserted pomest’e lands in Moscow province and the votchina lands in the
provincial towns purchased as votchinas by deti boiarskie in the service
of the patriarch, and the metropolitans, and archbishops; and those deti
boiarskie in the employ of the patriarch and other high church officials are
deti boiarskie of old ancestry: on the basis of the purchase,
those lands in the future shall be owned by them as votchinas.
38. If someone sells or mortgages a votchina to someone and defaults on repayment, and registers the purchase or mortgage document for that votchina in the books: and subsequently he commits treason, leaves the Muscovite state for another land: that person who purchased that votchina from him shall own that votchina without [any possibility of] redemption because he purchased that votchina from that traitor Prior to his treason. Do not return that votchina to the clan of that traitor for redemption.
39. If someone proceeds to assume ownership of a traitor’s votchina, but does not deposit a purchase document or mortgage document on that votchina, or if he does deposit it, but the date [for registering] that votchina has expired, and the purchase document or mortgage document is not registered in the books: confiscate that traitor’s votchina from him for the sovereign because, having purchased that votchina, or having taken it on mortgage prior to [the expiration] date, he failed to register [the votchina] for himself in the books until after the date, the date which is written in the mortgage.
40. If such a traitor, having mortgaged his votchina, departs prior to the due date: confiscate that votchina from that person to whom it was mortgaged for the sovereign, and give him back his money according to the mortgage document from the property of that traitor.
41. Slaves and monastery servitors shall not buy votchinas and shall not hold them in their possession on mortgage. Concerning the slave or the monastery servitor who buys a votchina, of proceeds to hold [one] under a mortgage; and someone, having learned about such an votchina, proceeds to petition the sovereign about it; and that is established conclusively: confiscate that votchina from the slave or the monastery servitor for the sovereign and grant it as a pomest’e to the petitioners who discovered that votchina in their possession.
42. In the past years,
since 1627/28, by a decree of the great Sovereign, Tsar, and Grand Prince of all
Russia Mikhail Fedorovich of blessed memory, [the following] has been written in
his royal charters granting votchinas: votchinniks who, by his royal decree, are
granted service votchinas, those estate owners, and their children, and
grandchildren, and great-grandchild are free to sell, and mortgage, and give
away in a dowry, and give away votchinas to a monastery [to pay] for [the saying
of prayers for] the soul service.
43. If an votchinnik of
whatever rank becomes a monk, or a widow becomes a nun, and they own clan, or
service, or purchased votchinas: they shall not give those votchinas to
monasteries, and they shall not themselves [continue to] own those votchinas
after they have been tonsured. They shall give away those clan and service
votchinas to votchinniks according to the statute [on votchinas]. In exchange
for those votchinas, the votchinniks shall feed and clothe them and provide them
with comfort until their death.
44. If votchinniks or widows were tonsured prior to this decree of the sovereign, and they [continue to] own votchinas: henceforth after this decree of the sovereign they shall not own those votchinas of theirs accordingly. Residing in the monastery, they shall not retain votchinas for themselves. Issue that same decree about those votchinas of theirs as is written above this.
45. Decree on sold lands, which are sold in the
Pomest’e Prikaz and in the palace court from deserted lands as votchinas.
46. Concerning pomest’e lands which have been lying waste in Novgorod province since years long ago: sell those waste service lands to Novgorodian dvoriane and deti boiarskie according to the sovereign’s decree accordingly, as waste service lands are sold in Moscow province, and in Dmitrov, and in Zvenigorod, and in Ruza, at a ruble for each 8.1 acres.
47. If in [districts
adjacent to] other towns someone finds waste pomest’e lands which have been
lying deserted since years long ago and [which] no one has been taking as
pomest’ia: sell those lands as votchina[s] to dvoriane and deti
boiarskie who have been initiated into service, [and] who are rendering the
sovereign’s service, in those [districts adjacent to those] towns to which those
deserted pomest’e lands [belong].
48. If a Moscow-region pomest’e is sold to someone as an votchina: henceforth do not grant those people a Moscow-region pomest’e in place [of the old one].
49. Concerning
Moscow-region pomest’ia which in past years were granted to people as a votchina
for sitting out the siege of Moscow, when they sat out the siege of Moscow,
during the reign of the Sovereign, Tsar, and Grand Prince of all Russia Vasilii
Ivanovich [Shuiskii] of blessed memory, and during the reign of the great
Sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed
memory, during the campaign of the [Polish] Crown Prince [Wladyslaw], because
they had no pomest’ia in the provincial towns at that time, and there was
nothing to give them as an votchina besides the Moscow-region pomest’ia: those
people shall own those Moscow-region service votchinas on the basis of the
sovereign’s grant charters.
50. Concerning people who proceed to petition the sovereign for a survey of their own Moscow-region and provincial pomest’e lands and votchina lands, pomest’e and votchina lands of theirs which the cadastral officials did not survey: grant those petitioners the sovereign’s surveying documents and extracts from the cadastral books. Order the survey of those service and votchina lands of theirs with neighbors and long-term residents according to those extracts. Order pits dug, and posts set up, and markers hewn, and various signs made on the boundaries so that henceforth no one will have any dispute with anyone else over service and votchina lands.
51. If a dispute arises on the boundary between two parties in the presence of the surveyor: the surveyors shall interrogate rigorously all neighbors and long-term residents using all methods of inquiry about those disputed lands, and after investigation, divide those disputed lands accordingly, and set up boundaries and limits on those disputed lands [in cooperation] with the long-term residents and the neighbors.
52. If the surveyors are
unable to issue a decree on the disputed lands for some reason: those people
involved in the dispute over those lands shall walk around with an icon on those
disputed lands. Order them to walk around with an icon after a casting of lots,
as is written about that above this in chapter [10] on the judicial process.
53. If someone is
dispatched to survey disputed land, and divides it unjustly, for his own gain;
and there are petitioners against him for that; and it is established about that
conclusively that he committed an injustice in that case: inflict a severe
punishment on him for that felony, order him beaten with the knout around the
market places.
54. Concerning people who proceed to petition the sovereign about the registration of an votchina on the basis of gift charters and wills, and in those gift charters or wills it is not written down who gave, or turned over, an votchina to whom for how much money: collect the fees for the registration of those votchinas on the basis of the cadastral books and the grant records at the rate of .015 ruble per 1.3 acres.
55. Concerning pomest’e cases which were resolved prior to the great Moscow fire, when in the past year 1626 on May 3 the Kremlin and Kitaigorod burned down, and cases which were resolved after the fire through January 28 of the present year 1649: such pomest’e cases shall remain as they were resolved. Henceforth do not reopen them and do not make extracts of them.
CHAPTER 18.-- Seal Fees. In It Are 71 Articles.
1. If someone is given the sovereign’s compensation, a pomest’e, for the first time: collect for the grant from those people seal fees of .0125 ruble per 1.3 acres of arable land.
2. If someone is given the sovereign’s compensation of a pomest’e of 2.6, 3.9, 13 acres, and more than 13 acres, but less than 26 acres; or if two, three, or four men are granted a pomest’e of 6.5, 7.8, 13, or more acres: collect the fees on the petition [asking for the land] from all of them at the rate of .25 ruble per person, and not on the basis of the acreage.
3. If dvoriane, and deti boiarskie, and various people are issued the sovereign’s charters granting the right of possession for their old pomest’ia, and in the charters it is written that the old charters in their possession and the grants in the Pomest’e Prikaz have been lost; and there are no old record books in the Seal Prikaz because they were lost in the destruction [of Moscow in 1611]; and there is no document to corroborate those grants; and they are issued the documents granting the right of possession on the basis of the cadastral review books, some after investigation and [others] without investigation: collect the seal fees for such documents from the petition [requesting them] at the rate of .25 ruble per person. Do not collect the arable land fees.
4. If a dvorianin or a syn boiarskii is killed in the sovereign’s service, and his pomest’ia are granted to his wife and children: collect from those [people] the fees for the petition, but not from the [quantity of] arable land.
5. Concerning dvoriane and deti boiarskie who petition the sovereign about pomest’ia and about pomest’e wastes, about fallow lands, and about the wild steppe of the frontier towns, [that those lands be granted to them] as pomest’ia; and if they are granted the sovereign’s investigation charters about those lands: having conducted an investigation about those lands, order the investigation records sent to Moscow. Order those lands registered for the sovereign. Order those lands not be granted to them prior [to the issuance of an official] decree. Collect the fees from those people at the rate of .25 ruble per person.
6. If dvoriane and deti boiarskie are given the sovereign’s grant of an votchina out of their pomest’ia: seal the grant charters for them with red wax. Collect the seal fees for those charters from the petition [registering them] at the rate of .25 ruble per person, and not from the quantity of arable land.
7. If someone is given grant charters for votchinas on their old clan votchinas and purchased votchinas, and their former charters in their possession were lost during the destruction [of Moscow in 1611]: do not collect fees from those charters.
8. If the sovereign’s grant charters with red seals are given to merchants of the first corporation or [ordinary] merchants [guaranteeing] that they do not have to billet troops, and they do not have to be on the tax rolls, allowing them to keep alcoholic beverages at their houses; or [if such charters are grants] in the name of a first merchant corporation [merchant] to ordinary merchants for service and for the customs house and tavern levies[3][1]: from such charters collect the seal fees at the rate of 2.50 rubles per charter.
9. If stone shops are granted to merchants of the first corporation or [ordinary] merchants, and for those shops money is collected from them for the sovereign’s treasury in the Prikaz of the Great Revenue; and they are given grant charters and deeds on those shops on the basis of which they possess such shops: seal those shop grant charters with the sovereign’s seal and collect the seal fees: to whomever is sold a whole shop, 1.25 rubles, and to whomever is sold a half, a third, or a fourth of a shop, collect from those [people] the seal fees in the same ratio.
10-11. Concerning the pomest’ia of dvoriane and deti boiarskie which have passed to the Rzeczpospolita, [those] which were taken from others and distributed to cossacks, and [those] which were taken from others after an investigation and granted to old votchinniks and pomeshchiks; and instead they were granted pomest’ia in other places; and the sovereign’s charters on those pomest’ia were issued to them; and those pomeshchiks proceed to petition the sovereign that the fees be collected for the petition, and not for the quantity of arable land, because they [already] paid the fees from their former pomest’ia: seal such charters without fee.
12. If the sovereign’s charters are sent to Great Novgorod in response to the petition of Novgorodian pomeshchiks, and it is decreed that they should be allotted a pomest’e according to the Novgorod service list, and the seal fees from them are taken to Moscow: do not collect in Great Novgorod the seal fees from those pomest’e grants on the quantity of arable land and from the petition, but collect in Novgorod the seal fees from the petition at the rate of .25 ruble per person at that time when they issue charters granting the right of possession for those grants as they are collected in Moscow, so that there will not be double [collection of fees].
13. If documents are written to
Novgorod ordering that an investigation be conducted without a pomest’e, and
after investigation it becomes necessary to grant it [the pomest’e], and the
pomest’e grant is [awarded] them in Novgorod, and seal fees are not collected
from them in Moscow: collect the seal fees from those grants in Great Novgorod
according to the sovereign’s decree at the rate of .0125 ruble per 1.3 acres of
arable land, but do not collect the .25 ruble for the petition. Collect the seal
fees on those hereditary landholdings for the petition at the rate of .25 ruble
at that time when someone is issued the documents granting the right of
possession to those pomest’ia.
14. If a father’s pomest’e is [requested by and] registered for someone and he is given a document granting him the right of possession, but he fails to obtain an allocation document on that pomest’e that belonged to his father: collect from those people for the document granting the right of possession .0125 ruble per 1.3 acres [of arable land] because he did not obtain an allocation document on that pomest’e of his father’s.
15. Concerning people who bring to the Seal Prikaz from the Pomest’e Prikaz purchase documents for votchinas which they are purchasing from fallow lands, and in the Pomest’e Prikaz they were charged fees of .03 ruble per ruble [of the price paid for the land] for those purchase documents: in the Seal Prikaz charge the purchaser a fee of 2.5 ruble, plus .0125 ruble per 1.3 acres of measured arable.
16. If the sovereign’s grant charters for votchinas and pomest’ia are given to boyars, and courtiers, and counselor dvoriane, and counselor state secretaries: do not collect the seal fees from those charters.
17. If votchinas were registered in the Pomest’e Prikaz according to the sovereign’s decree by dvoriane and deti boiarskie on the basis of mortgage documents, or of wills, and of conveyances, and of any other documents, and the fees for those votchinas were collected from them in the Pomest’e Prikaz, and recorded in the books; and the sovereign’s allocation charters were issued to them in the provincial towns on those votchinas [declaring] that they should own those votchinas on the basis of the sovereign’s decree and the charters: collect the seal fees from those charters also, as from pomest’e grants, at the rate of .0125 ruble per 1.3 acres, plus .25 ruble for the document which is revealed in the charter.
18. If dvoriane and deti boiarskie proceed to bring into the Seal Prikaz the sovereign’s charters on pomest’ia and votchinas which have been exchanged, and in the charters it is written that the exchange was acre for acre: collect the seal fees from those [people] for the petition at the rate of .25 ruble per person. Concerning acreage in excess of an even exchange revealed in my charters: from those [people] collect .25 ruble per person for the petition and .0125 ruble per 1.3 acres for the excess acreage.
19. Concerning dvoriane and deti boiarskie father[s] who proceed to register [the transfer of] their own pomest’ia and votchinas to [their] son[s], or a mother to [her] children, or a brother to [his] brother, or an uncle to [his] nephews, and other agnate relatives; and their petition is written down in the sovereign’s charters: collect the seal fees from those charters of theirs from the petitioners, [he] who is giving away the pomest’e, or the votchinas, at the rate of .25 ruble per person. Collect .0125 ruble per 1.3 acres from the person for whom the pomest’ia and votchinas are registered.
20. If pomest’ia and votchinas of dvoriane and deti boiarskie by the sovereign’s decree are confiscated and handed out in a distribution [to others]; and subsequently in response to the petition of the former pomeshchiks and votchinniks those of their former pomest’ia and votchinas are registered in their possession as previously; and the sovereign’s charters are given to them on those pomest’ia and votchinas: if large grants are given to someone, collect the seal fees from those charters from those [people] at the rate of .0125 ruble per 1.3 acres; but if the pomest’ia are 26 acres or less, collect from those [people] .25 ruble because those pomest’ia again have come into their possession on the basis of the registration.
21. Collect the sovereign’s fees from charters given to tax farmers in instances when the tax farmers buy up provincial town taverns, and fees for branding horses collected when they are sold, and toll and ferry fees, and various revenues from their additional income. Collect them from .0375 ruble per ruble [of revenue] for the tax farms. From small rates, where the tax farm is only a ruble, or 2, 3, 5, or 6 rubles: collect from such tax farmers .25 ruble per person for the petition and not the ruble fees [based on revenues].
22. Concerning tax farmers for whom it is written in the sovereign’s charters that no trial shall be granted against them and their associates in the provincial towns while they have tax farms in their possession: collect for those charters .25 ruble per person for the petition, as many of them as there are in the petition.
23. If a tavern or a customs house
is given to a tax farmer as a tax farm for a specified number of years, two or
three, and in the first year there are petitioners against him [asking] for a
trial in any matter: do not grant those petitioners a trial against him in the
first year. Grant them a trial against him when the first year expires.
24. If tax farms are given to tax farmers in the provincial towns: collect the seal fees from those tax farms in the provincial towns just as they are collected in Moscow. Send those seal monies from the provincial towns to the Seal Prikaz.
25. Concerning tax farmers in the provincial towns who proceed to buy up various revenues for two, three, four, and five years at once; or tax farmers who proceed to buy up their own old tax farms anew for more money; or, concerning the tax farmer who buys [a farm] for one year, and then proceeds to keep that tax farm for himself for two or three, and another person four years: collect the seal fees from such tax farms from the old tax farms and from the new supplementary incomes for all the years, making the appropriate calculations, and not just for one year.
26. Concerning tax farmers of tax farms who do not vacate tax farms on the stipulated dates; and no one else takes [them]; and those incomes are assigned to those same tax farmers with an increase noted: collect the seal fees from those [people] from the entire tax farm, from the old [one] and from the noted increase at the rate of .0375 ruble per ruble.
27. Concerning [tax farmers] who vacate [their tax farms] prior to the [expiration] dates and do not desire to keep them in their possession as tax farms; and they are not relieved of those tax farms; and no one is appointed under oath to collect [the revenues of the tax farm]; and the [incomes of the tax farm] are assigned to them without supplementary income against their will: do not collect any seal fees from those people.
28. If tax farming charters and various [other] documents of the sovereign on tax farming incomes are sent to the towns from the Prikaz of the Great Court, tax farms which are given out as tax farms in the Great Court, and the charters and orders are also sent out from the Great Court, in response to the petition[s] of people of various ranks: affix the seal to those charters and orders, and collect the signature and seal fees from them in the Prikaz of the Great Court.
29. Concerning town baths or mills, businesses which are newly given to tax farmers as a tax farm for two, three, or more years; and those tax farmers proceed to petition the sovereign that they took those tax farms for a certain number of years [to engage in] the bath and mill business, and would [the sovereign] collect from them the seal fees from those tax farms, for the new businesses, for only one year: collect the seal fees from such tax farms for only one year.
30. Concerning ferries, or fish weirs, and other small income-producing properties whose scheduled incomes are 5, or 6, or 10 and more rubles, and less from others, which are given out as tax farms to tax farmers: if in the documents it is written that they shall pay that money annually in the towns, until that time when someone else takes those tax farms as a tax farm for more money; but it is not written explicitly in the documents for how many years they are to keep them in their possession as tax farms: collect the fees for such documents in Moscow for [only] the first year, and for the remaining years the governors and chancellery officials shall collect the seal fees from those tax farms annually together with the tax farm monies in the towns. [They] shall send those money fees to the Seal Prikaz in Moscow.
31. Concerning dvoriane and
deti boiarskie who proceed to sue for their own claims in the Judicial
and any [other] chancelleries, and at the trial they proceed to name a mutual
witness in the provincial towns, and the sovereign’s charters on that matter are
sent to the provincial towns: collect fees for those charters from the plaintiff
and from the defendant at the rate of .25 ruble per person.
32. If someone proceeds to bring a case in any matter whatsoever against someone and at the trial they name a mutual witness; and the defendant proceeds to make a counterclaim against him; or he simultaneously has three or four trials on various matters, and they call a witness, or cite books, and the sovereign’s charters on the matter are sent to the towns: collect the fees for those charters. If there are different cases, collect from them as many different fees as there are cases.
33. Concerning plaintiffs and defendants who do not name witnesses at [their] trials, but the judges order an investigation conducted about those suits of theirs without their citing witnesses: do not collect fees for those documents because [the judges] are proceeding to investigate without their petition. But when a decree is [issued] in response to the investigations: collect the fees for the petition from the loser.
34. Concerning petitioners who proceed to petition the sovereign for justice on the basis of loan documents, and documents on that case are issued to them, but they do not write down in their petition how many loan documents there are: collect the fees from those [people] at the rate of .75 ruble per person. But if he writes down that [he is suing] on the basis of one loan document to collect loaned money: collect from those [people] fees of .25 ruble for the petition and .25 ruble for the loan document.
35. If it is written in a document that a debt should be collected on the basis of a note, a will, or a purchase document: collect fees for those documents of .25 ruble for the petition, and also .25 ruble for the document, just as for a loan document.
36. Concerning people who proceed to petition the sovereign about legal matters in suits for undocumented loans: collect from those petitioners the seal fees of .25 ruble per person.
37. If someone proceeds to petition the sovereign also about undocumented loans and other legal matters, and one petitioner is listed in the petition in the place of his associates, townsmen or rural peasants: collect fees of .75 ruble from each of those [associates].
38. If someone proceeds to petition the sovereign for himself, in the place of townsmen and rural peasants: collect for those documents fees of 1.25 ruble each.
39. If one petitioner is listed in a charter of the sovereign’s or in a directive, and he petitions for justice against two or three people, and someone else [petitions] against five or six people, or more; and he has different cases against them, not the one case against all [of them]; and if he has a trial with each of them individually, but he writes down those various cases of his into a single document, or into [a single] directive, so that he will only have to pay a single batch of fees: collect the fees for those documents depending on the case. Only if the different cases [involve] assaults, robberies, disputes over storage with written documents, and subsidy loans: collect from them as many fees as there are cases.
40. Concerning dvoriane and deti boiarskie who petition the sovereign about fugitive peasants, and subsidy loan notes and surety bonds are listed in the documents [showing] that those peasants of theirs should be living under them as peasants; and those peasants, having gotten subsidy loan notes and surety bonds on themselves, are not living under them; and on the basis of those notes they are petitioning against their [the peasants’] guarantors: collect the seal fees from those documents only for the one petition, but do not collect for the notes and bonds [listed in the petition].
41. If archimandrites and hegumens and the monks proceed to petition the sovereign about any matters whatsoever, and they are issued the sovereign’s charters: collect the seal fees from such charters at the rate of .75 ruble per charter.
42. If an archimandrite, or hegumen, or steward alone, or a [monastery] servitor, signs a petition, and if they are petitioning about monastery business, and not about their own private matters: collect from them the seal fees at the same rate, .75 ruble apiece.
43. Concerning the sovereign’s charters granted in the provincial towns to dvoriane and deti boiarskie in legal matters, and in response to those royal charters their defendants proceed to act contumaciously in the provincial towns, do not give surety bonds on themselves, and do not proceed to appear for trial on the appointed dates in Moscow; and the governors and chancellery officials proceed to write about that disobedience of theirs to the sovereign; and in response to those reports the sovereign’s charters are sent to the provincial towns; and they order the plaintiffs to exact from the defendants for the disobedience their maintenance expenses and compensation for the delay for the first and the second charters: collect the fees for those charters from the petitioners at the rate of .25 ruble per person.
44. If the sovereign’s summonses for someone are given to plaintiffs; and in response to those documents the governors and chancellery officials in the provincial towns, favoring the defendants, do not get bail documents on those defendants and do not proceed to write to the sovereign in Moscow concerning those documents; and the plaintiffs, living in Moscow before the court date and after the court dates, proceed to petition the sovereign for other documents in those same suits, and those other documents are given them: collect the seal fees from those documents from the plaintiffs at the rate of .25 ruble per documents, and they shall collect their expenditures from those against whom they proceed to petition.
45. If taxpaying Tatars and Cheremis of the Kazan’ State and of all the Lower Volga towns petition the sovereign, and the princes and mirzas, and service Tatars who pay taxes, and those freed from paying taxes, and centurions, and elders, and ordinary Chuvash, and Cheremis, and Votiaks sign the petition about the same case; and the same people [sign] with different names; and documents are issued to them: collect the fees for those documents by ranks, .75 ruble from each rank.
46. If it becomes necessary in response to someone’s petition to send a bailiff from any chancellery whatsoever after someone in a plaintiff’s suit with a memorandum containing a directive: seal those directive-memoranda with the sovereign’s seal. Collect the seal fees from those directive-memoranda according to the sovereign’s decree. Do not dispatch directives in any cases of petitioners without the sovereign’s seal.
47. When servicemen, and townsmen, and agriculturists of Siberian towns bring to the Seal Prikaz the sovereign’s documents against various people of the same Siberian towns requesting justice and on various other cases; or against townsmen and rural residents not of the Siberian towns, against various people of Perm’, Viatka, Ustiug, and other towns for stored goods and subsidy loans, on the basis of loan documents, for assault and robbery and in any other such cases: do not collect fees for those documents because the locale is distant and Siberian servicemen come to Moscow only occasionally.
48. If travel documents are given to any dvoriane, and deti boiarskie, and Tatar chiefs, and musketeer commanders, and various people who are in the sovereign’s service in Siberia and in the Lower Volga towns; and they order them, in response to their petitions, to carry food supplies, spirits, honey, and hops for service in those distant parts; and others are ordered to transport to Astrakhan’ and other towns lumber for building construction for residents of those places, do not collect seal fees from those travel documents for service.
49. Concerning the sovereign’s documents issued to commanders and centurions of the Moscow musketeers, and to Moscow musketeers of all regiments in response to their petitions about various legal matters and about loans registered in documents; and documents granting the right of possession, allotment and grant documents which are granted to the same commanders and centurions for votchinas and pomest’ia: do not collect fees from them for such documents.
50. Concerning the sovereign’s documents granted for legal cases to [cossack] atamans, captains, and [rank and file] cossacks who are in Moscow and in the provincial towns, and are being compensated by cash and by newly granted, tax-exempt pomest’ia: collect the seal fees from such documents for legal cases, according to statute. But concerning documents granted them for their lands: do not collect fees for those documents.
51. If musketeer and cossack
commanders and centurions and [rank and file] musketeers and cossacks of the
provincial towns proceed to petition the sovereign about various legal cases
against people outside their ranks, or for an investigation of musketeer and
cossack lands; and the sovereign’s documents are issued to them in response to
their petition: collect the seal fees from the legal proceedings according to
statute when someone is petitioning against people outside their ranks.
52. If the sovereign’s charters about cash and grain subsidies are given to archimandrites, and hegumens, and archpriests together with rank and file clergymen of town monasteries and churches supported by the treasury, and also [documents] concerning annual salaries [are given] to provincial musketeers, and cossacks, and gunners, and artillerymen, and various servicemen who get treasury salaries [in response to their requests that] they be given the sovereign’s salary according to the law: do not collect seal fees from those documents.
53. If the sovereign’s decree charters are issued to musketeers, and cossacks, and gunners, and artillerymen, and gatekeepers, and stone masons, and bricklayers in the provincial towns, in response to their petition on the matter of how many rubles worth of trade they may engage in duty-free and how much alcohol they may distill for themselves: do not collect the seal fees from such charters because of their service and poverty.
54. If extracts showing ownership of land and other property from the cadastral books and cadastral review books are issued to peasants of the sovereign’s court villages, in the countryside, in districts where the sovereign’s taxes are paid, by the Prikaz of the Great Court and any other chancelleries: collect the seal fees from those charters from the elder, instead of all the peasants, at the rate of 75 ruble per charter, depending on the extracts. Seal those extracts which are issued by the Court with the Court’s seal, and collect the fees from those extracts in the Court also. Seal extracts from the cadastral books from other chancelleries in the Seal Prikaz and collect the fees [there as well].
55. If the sovereign’s travel documents are issued by the Foreign Affairs Prikaz to foreigners, the English, the Dutch, and those of the [North German] free towns, and to elite merchants and ordinary traders of various other states; and if the foreigners proceed to petition the sovereign against Russians for justice in commercial transactions and in the matter of loans on the basis of loan documents and notes: do not collect seal fees [from the English and Dutch elite merchants] who have been issued the sovereign’s grant charter; but collect the seal fees from all other foreigners in the same way as they are collected from Russians.
56. If the sovereign’s documents are sent to the provincial towns in response to the petition of boyars, and courtiers, and dvoriane, and counselor state secretaries about various cases of theirs; or if bailiffs are sent to the provincial towns in response to their petitions with memoranda containing directives: do not collect fees from those documents and from the directives.
57. If documents and directives are sent to the provincial towns in response to a petition of a kraichii, and a chamberlain, and a striapchii with the key: collect the seal fees from those documents according to statute.
58. If judgment documents are issued to various people about votchinas, and about various [other] cases, and from the Slavery Prikaz in slavery cases; and if the entire judicial case is written down authentically in the document: seal those documents with the sovereign’s seal, and collect the seal fees according to statute.
59. If the sovereign’s charters are issued to the archimandrite, and the cellarer and the treasurer together with the monks of the life-giving Trinity Sergei Monastery in their monastery affairs: do not collect the signature and the seal fees from those charters.
60. If the sovereign’s charters are issued to the archimandrite, and cellarer together with the monks of the New Savior Monastery about their monastery affairs: do not collect the seal fees from those charters for [the memory of] the sovereign’s parents.
61. Concerning the monastery servitors and peasants of the Trinity Sergei Monastery and the New Savior Monastery who obtain the sovereign’s documents in their own suits: collect the fees from them according to statute.
62. Also collect the fees according to statute for documents for various cases from all monasteries, except the Trinity Sergei and the New Savior Monastery, from [their] archimandrites, and hegumens, and elders, and servitors, and peasants.
63. If the sovereign’s documents,
or directives issued through a bailiff, are issued in response to a petition for
an old and new service assignment by mercenary foreigners who are salaried in
cash or in kind but do not have pomest’ia: do not collect the seal fees from
those royal documents and directives for their cases because of their poverty
and the fact that they are foreigners.
64. If the sovereign’s documents
are sent to the Seal Prikaz from various chancelleries, and if those royal
documents are written about petitioners’ cases, in response to reports from
governors and chancellery officials of the provincial towns, or in response to
petitions, petitions which are sent from the provincial towns attached to
reports of governors and chancellery officials: after review, collect the seal
fees from such documents.
65. If the sovereign’s documents are issued by the Military Prikaz to dvoriane and deti boiarskie, and it is ordered that they be [promoted] from the provincial town service lists [and] registered on the court service list, or [promoted from] the court service list [and] registered on the roster chosen to serve in Moscow: collect the seal fees from those documents at the rate of .25 ruble per person.
66. If the sovereign’s documents are issued to senior officials of the felony control administration and the fortifications officials by which they are to serve in the provincial towns as senior officials of the felony control administration, or anyone who is ordered to work in the chancelleries: collect the seal fees from those documents at the rate of a ruble per person.
67. If the sovereign’s documents are issued to contractors for the sovereign’s grain business, contractors who are retained in Moscow and in the provincial towns to transport the sovereign’s grain to Arkhangel’sk, the Lower Volga towns, and to Siberia, in their own boats and with their own employees: collect the seal fees from those contractors.
68. If servicemen who are ordered to serve in the Siberian towns as commanders, or centurions, or atamans of the cossacks bring the sovereign’s documents to the Seal Prikaz from the Siberian Prikaz: collect the sovereign’s fees from those people for those documents as legislated for senior officials of the felony control administration and fortifications officials because they are sending them [to Siberia] in response to their petitions, and not by compulsion.
69. If the sovereign’s documents are carried from the Military Prikaz to the Seal Prikaz, and those royal documents are written in response to a petition of deti boiarskie for initiation into service, about compensation, or [concerning] the town in which one is supposed to serve: collect the seal fees for those royal sealed documents at the rate of .25 ruble per person.
70. If the sovereign’s grant charters are issued to stewards [4][2] and striapchie of the tsar’s domains [in which] they are ordered to administer court rural districts and settlements with villages, and small villages, and hamlets in Moscow province and in the provincial towns for an annual cash salary: collect the seal fees of 2.50 rubles each in the Seal Prikaz from those charters. Seal those charters with the sovereign’s great seal in red wax.
71. If the sovereign’s grant charters for the protection of lands and people are issued in the provincial towns to townsmen, and rural district peasants, and postal drivers: seal those charters in the Seal Prikaz with the sovereign’s great seal in red wax. Collect the seal fees from those charters at the rate of 2.50 rubles each per charter.
CHAPTER 19. - Townsmen. In It Are 40 Articles.
1. Concerning the [tax-exempt] settlements in
Moscow belonging to the patriarch, and metropolitans, and other high church
officials, and monasteries, and boyars, and courtiers, and counselors,
and [tsar’s] intimates, and people of all ranks; and in those settlements
are living merchants and artisans who pursue various trading enterprises and own
shops, but are not paying the sovereign’s taxes and are not rendering service:
confiscate all of those settlements, with all the people who are living in those
settlements, for the sovereign [and place them] all on the tax rolls [and
force them to render] service without any statute of limitations and
irrevocably, except for limited service contract slaves.
2. Concerning people of all ranks, merchants and artisans, who, after inquiries, are removed from those lands which were built up near the Moscow urban taxpaying districts, and distributed among the taxpaying hundreds: those people henceforth shall be subject irrevocably to the sovereign, wherever they are put on the tax rolls.
3. Concerning people in Moscow and in the provincial towns who are living on church lands, the children of priests, or church cantors, or sextons, or any other free people, or someone’s slaves; and they are engaging in various kinds of commercial enterprises, but they are not registered on the tax rolls, are not paying the sovereign’s taxes, are not rendering services, and are not performing corvée: add all of those people, on the basis of their commercial enterprises, to the tax rolls so that such people will not escape paying taxes anywhere.
4. Concerning people of all ranks in Moscow who
collect the sovereign’s cash and grain compensation and keep shops for
themselves, and rent them, and engage in various commercial enterprises, with
the exception of musketeers: those people shall remain in their ranks as
previously, and shall render the sovereign’s service for the sovereign’s
compensation.
5. Concerning the settlements around Moscow
belonging to the patriarch, and other high ecclesiastical officials, and
monasteries, and boyars, and counselors, and people of all ranks: those
settlements with all their tradesmen, excepting limited service contract slaves,
shall be confiscated accordingly, after investigation, for the sovereign.
6. There shall be pasture land around Moscow on all sides, two verstas out from the earthen wall and the moat. Measure off those pasture lands using the new sazhen’, the sazhen’ which, by the sovereign’s decree, is 3 arshins. A versta shall have 1,000 sazhens.
7. Concerning the settlements belonging to the patriarch, and other high ecclesiastical officials, and monasteries, and boyars, and courtiers, and counselors, and people of all ranks that were built in the provincial towns on the sovereign’s urban taxpaying lands, or on tax-exempt lots, whether they were purchased or unpurchased, or on cattle pastures without the sovereign’s decree: confiscate those settlements with all the people and the lands, after inquiry, [and add them to] the urban taxpaying district without any statute of limitations and irrevocably because [of the rule:] Do not build settlements on the sovereign’s land, and do not buy urban taxpaying land.
8. Concerning the estates belonging to the
patriarch, and other high ecclesiastical officials, and monasteries, and the
votchinas and pomest’ia belonging to boyars, and courtiers, and
counselors, and people of all ranks in urban taxpaying districts of the
towns and around the urban taxpaying districts; and they own those votchinas and
pomest’ia on the basis of grants and documents; and those votchinas and
pomest’ia are adjacent to the urban taxpaying districts, houses are side by
side, or close to the urban an taxpaying districts: confiscate those votchinas
and pomest’ia for the sovereign and arrange for them to pay taxes and render
services as the urban taxpaying districts.
9. Concerning the estates, villages, and
hamlets belonging to the patriarch, and metropolitans, and other high
ecclesiastical officials, and monasteries; the votchina and pomest’e villages
and hamlets belonging to boyars, and courtiers, and counselors, and the
[tsar’s] intimates, and people of all ranks that are adjacent to or around the
urban taxpaying districts in the provincial towns: the sovereign has decreed
that those hamlets and villages shall be confiscated for himself, the sovereign,
and it shall be arranged for them to pay the various taxes and render services
as the sovereign’s taxpayers in the adjacent urban taxpaying districts.
10. The pasture lands in the provincial towns
shall be as they were previously, as the pasture lands were adjacent to any
provincial town during the reigns of previous sovereigns.
11. Concerning musketeers, cossacks, and dragoons in the provincial towns who are engaging in various commercial enterprises and are tending shops: those musketeers, cossacks, and dragoons shall pay customs duties on their commercial enterprises and the yearly shop tax for their shops, but they shall not pay [other] taxes with the townsmen and they shall not render compulsory services.
12. Concerning servicemen of other ranks in the
same provincial towns, gunners, and artillerymen, and gatekeepers, and
treasury-employed carpenters and smiths, who are tending shops and engaging in
various commercial enterprises: they shall pay the sovereign’s customs duties on
their commercial enterprises accordingly. Moreover, they shall be on the tax
rolls and shall pay the sovereign’s various taxes and render services equally
with the townsmen.
13. Concerning Moscow and provincial urban
taxpayers who themselves, or their fathers, in years past lived in Moscow and in
the provincial towns, in the urban taxpaying districts and in the settlements on
the tax rolls, and paid taxes; and others lived in the same urban taxpaying
districts and in settlements at the residences of taxpayers as shopkeepers and
as hired laborers, but now they are living as pawn-slaves under the patriarch,
and metropolitans, and archbishops, and bishops, and monasteries, and boyars,
and courtiers, and counselors, and the [tsar’s] intimates, and people
of all ranks in Moscow and in the provincial towns, at their houses, and on
[their] votchinas, and on [their] pomest’ia, and on church lands: investigate
all those [people] and transport [them] to their old urban taxpaying district
lots where they lived heretofore, without any statute of limitations and
irrevocably.
14. Concerning people who by the sovereign’s
decree were granted out-of-town houses and gardens in Moscow and in the
provincial towns: those people shall keep their own slaves as custodians in
those houses and gardens of theirs.
15. Concerning slaves and peasants belonging to
boyars and [people] of other ranks who have purchased for themselves and taken
on mortgage taxable houses, and shops, and warehouses, and stone cellars, and
salt boilers, and are trading in various wares in Moscow and in the provincial
towns: those slaves and peasants belonging to boyars and [people] of other ranks
shall sell those taxable houses, and shops, and cellars, and warehouses, and
boilers to taxpaying merchants and townsmen. Henceforth they shall not possess
such houses, and shops, and cellars, and warehouses, and boilers.
16. If any merchants and townsmen write down
their own taxable houses, or shops, and warehouses, and cellars, and boilers for
anyone’s slaves or peasants in a mortgage for a debt for a term; and the term
lapses for those taxable houses, or shops, and warehouses, and cellars, and
boilers of theirs: those people, to whom the taxable houses, or shops, and
warehouses, and cellars, and salt boilers pass by default after the term shall
sell [them] to the sovereign’s taxpayers. They themselves shall not live in
those taxable houses, and shall not trade in the shops, and warehouses, and
cellars, and shall not boil salt in the boilers under any circumstances.
17. If someone’s peasants proceed to come to Moscow and the provincial towns from the provinces with various wares: they shall sell those wares in the free markets without penalty, at the city market, from their carts and boats. But they shall not buy and shall not rent shops in the rows.
18. If taxpaying townsmen of various hundreds and settlements are removed from [the ranks of] the pawn-slaves [and added] to the tax rolls; and those people from whom they are expropriated proceed to petition the sovereign against them on the basis of loan documents or notes about loan debts or subsidy loans: do not grant a trial on the basis of such documents and notes against those pawn-slaves to those people under whom they lived as pawn-slaves. Take away those documents from them to the [Investigations] Prikaz and do not give [them] back to them.
19. Concerning the townsmen of the Moscow settlements who are now living in the provincial towns; and provincial townsmen who are living in Moscow and in various towns: those taxpaying townsmen henceforth shall live in those places where they have been residing. Do not transport taxpaying townsmen from Moscow to the provincial towns, or from the provincial towns to Moscow, or from one provincial town to another provincial town, just because they lived there long ago.
20. Concerning all those townsmen who are now living in provincial towns in settlements under the patriarch, and other high ecclesiastical officials, and monasteries, and boyars, and courtiers, and the [tsar’s] intimates, and people of all ranks: all those people shall continue to live in the urban taxpaying district of those towns where they are now living. Concerning those who have been transported from urban taxpaying districts to the provinces, to villages and hamlets: having investigated all those people, transport them [back] to the taxpaying districts of those towns where they were investigated.
21. Concerning townsmen who have given their young daughters in marriage to various free people: do not take those free people into the taxpaying settlements because of their wives.
22. Concerning free people who have married taxpaying town widows; and, having gotten married, they left the tax rolls; but the former husbands of those wives of theirs were registered in the cadastral books on the tax rolls in the urban taxpaying districts: take those people who have married taxpaying wives into the urban taxpaying district because they married taxpaying women and moved into their houses.
23. Concerning townsmen who have taken their own sons-in-law into their houses; and they have given their own daughters to them in marriage so that those sons-in-law of theirs would live in their houses while they live and feed them: all those [people] shall live in the hundreds and in the settlements on the tax rolls. If they [the daughters] marry someone, take them [the resulting couples] into the urban taxpaying district.
24. Concerning taxpaying town artisans who have left their taxable allotments [of property] and are living in Moscow at the palace court, in the Armory, and in various other chancelleries; and they themselves were on the tax tolls and are the children of taxpaying fathers; and if the taxpayers living in the hundreds proceed to petition the sovereign about those taxpaying artisans, that they be put back on the tax rolls as before: write a report about those artisans of the sovereign’s specifically by name, as the sovereign decrees about those artisans. Do not return them to the hundreds without [such] a report.
25. Put those taxpayers themselves who are kennel keepers and their children on the tax rolls.
26. Concerning Moscow and provincial town taxpayers who themselves were on the tax rolls, and are the children of taxpaying fathers; and they joined the musketeers voluntarily, and not against their will: remove those people who were on the tax rolls and two of their sons from the musketeers [and add them] to the tax rolls where they are living. Leave the third son, if there is one, in. the musketeers.
27. Concerning the children of Moscow and provincial townsmen who have left the ranks of the taxpayers and have registered in the musketeer service, and the father has only one son, or two: add those [sons] to the tax rolls. If the father has three sons, and the third is registered as a musketeer: do not take the third son; he shall continue to serve in the musketeers.
28. Concerning Moscow and provincial townsmen who were on the town tax rolls, but joined the gunners, and artillerymen, and gatekeepers, and [treasury-employed] smiths, and all other ranks: after investigation, add all those people to the tax rolls.
29. Concerning Moscow and provincial town taxpayers who in years past have joined the cossacks, and serve with the cossacks who have old pomest’ia; and they have been officially initiated into service and assigned cash compensation entitlements and assigned monthly rations: do not remove those taxpayers from the cossacks. They shall continue in service as before.
30. Concerning Moscow and provincial town urban taxpayers who registered in the cossacks for the first time after the Smolensk War, but were not at Smolensk: after an investigation, add those urban taxpaying people to the tax rolls as before.
31. Concerning Moscow and provincial town taxpayers who have joined the new formation infantry, but themselves were on the tax rolls, and are children of taxpaying fathers: after investigation, add those people to the tax rolls as before.
32. Concerning Moscow and provincial townsmen who became postal drivers, but they themselves had been on the tax rolls, and are the children of taxpaying fathers: after an investigation, add those [people] to the tax rolls as before.
33. Concerning Moscow and provincial taxpayers who themselves were on the tax rolls, or are the children of taxpaying fathers, and they were in captivity in various places: those people shall live wherever they wish because they have been freed from the tax rolls as a consequence of their captivity.
34. Concerning provincial town merchants who
have been registered in the second and third merchant corporations; and they
were ordered to live in Moscow, but those provincial town merchants are living
in the provincial towns in their own old houses, and are trading in various
commercial enterprises in those provincial towns; and they are not paying taxes
on those houses of theirs and on their enterprises in the provincial towns with
the townsmen; and they keep their taxable houses and enterprises as before:
those provincial town merchants, who were ordered to serve in the second and
third merchant corporations, shall sell their taxable houses and enterprises to
taxpaying townsmen of those same provincial towns. They themselves shall live in
Moscow as members of the second and third merchant corporations.
35. Concerning the houses and shops built in Moscow that belong to taxpayers who have come from the provincial towns: those people shall remain in Moscow in the hundreds on the tax rolls. In the provincial towns they shall pay taxes on and render all compulsory services for their commerce and industry in those provincial towns.
36. Concerning all provincial town merchants and taxpayers who come to Moscow but do not have their own houses [in the capital], but they bring their own wares and trade both in rented and in their own shops: henceforth those people shall come with their own goods to the city market and shall trade in the city market. They shall not rent shops in the rows. Those people who have their own shops which they purchased from someone in the rows shall sell them to the sovereign’s taxpaying Muscovites.
37. If anyone’s hereditary slaves, or limited service contract slaves, or peasants and landless peasants, who are registered under someone in the cadastral books, [and who,] having fled [from their masters], marry townsmen’s daughters, unmarried women, or widows in Moscow and in the provincial towns: return such fugitive slaves on the basis of the documents and peasants on the basis of the cadastral books from the urban taxpaying districts with their wives and with [their] children to those people from whom they fled. Do not add them to the tax rolls in the urban taxpaying district on the basis of their wives.
38. If the unmarried daughter of a townsman flees; and while a fugitive marries someone’s limited service contract slave, or hereditary slave, or peasant, or landless peasant; or if someone entices the unmarried daughter of a townsman or a widow, and having enticed her, marries her to his own limited service contract slave, or hereditary slave, or peasant, or landless peasant; and the father of that fugitive or enticed young woman or widow proceeds to petition the sovereign about her; and it is established conclusively about that at trial and investigation that that daughter of his, a young woman or a widow, fled, or was enticed: bring that townswoman, young woman or widow, with her husband and the children whom she bore by that husband of hers [back] to the urban taxpaying district and order her husband to live in the urban taxpaying district on the tax rolls.
39. Concerning taxpayers who sell their own
taxable houses to tax-exempt [persons]; and they draw up mortgage documents
instead of purchase documents; and they let the date for redemption of those
houses of theirs lapse; and those people to whom they mortgaged those houses of
theirs exercise their default option and remove the property from the tax rolls:
taxpayers in the taxpaying hundreds and settlements shall not mortgage and shall
not sell taxable houses and taxable lots to non-taxpaying people.
40. Concerning the houses in Moscow in
Kitaigorod, Belyi gorod, and in Zemlianoi gorod, [and] in the out-of-town
settlements in the possession of Russians of all ranks: Northern Europeans and
North European widows shall not buy and shall not take on mortgage those houses
and house lots from Russians. If Northern Europeans and their wives and children
proceed to buy houses or house lots from Russians; or on the basis of mortgage
documents proceed to petition against Russians, and proceed to bring purchase
and mortgage documents for registration in the Moscow Administrative Prikaz: do
not register those purchase and mortgage documents.
CHAPTER 20. - The Judicial Process for Slaves. In It Are 119 Articles.
1. Concerning deti boiarskie who were never initiated into service, never appeared at a review, are not on any service lists, nowhere were in the sovereign’s service, and have no grants of pomest’ia or votchinas; and now they are [slaves] in masters’ houses on the basis of limited service slavery contracts, and they petitioned [to be slaves] in masters’ houses in years past, prior to this present decree of the sovereign: those uninitiated deti boiarskie henceforth shall remain in masters’ houses as previously.
2. Henceforth no one shall receive initiated or uninitiated deti boiarskie as slaves. Do not issue limited service slavery contracts on them in the Slavery Prikaz without a special decree in the sovereign’s name.
3. If any deti boiarskie after this decree of the sovereign petition to become someone’s slaves; and by the sovereign’s decree and the boyars’ decision they have been freed from slavery, and they have been ordered to render the sovereign’s service in the provincial towns; and they, desiring not to render service to the sovereign, feloniously proceed to petition to be [slaves] in other masters’ houses and [to be the slaves] of people of various ranks: return those deti boiarskie as slaves to those people with whom they were enslaved previously.
4. Concerning slaves who, having
fled from people of various ranks, are living under boyars, and courtiers, and
counselors, and stol’niki, and striapchie, and Moscow
dvoriane, and state secretaries, and zhil’tsy, and provincial dvoriane
and deti boiarskie, and palace officials, and foreigners,
and scribes, and servicemen of various ranks; and, coming to [the houses of]
those people from whom they fled, are inciting their other slaves and peasants,
and wrecking, and plundering, and setting fire to their houses: those people
whom they are ruining shall sue those people with whom they [their former
slaves] are living as fugitives in the [Moscow and Vladimir] Judicial
Chancelleries for the destruction.
5. Concerning children who were born prior to [their parents’] enslavement and who proceed to live [as slaves] with someone else, or proceed to live by themselves: those children of slaves do not belong to those people whom their fathers and mothers are serving.
6. If peasants, or landless
peasants, and the children of peasants and landless peasants flee from someone;
and, having fled, petition [to be slaves] in [other] masters’ houses; and they
give limited service slavery contracts on themselves; but prior to the flight
they were registered as peasants or landless peasants under those from whom they
are fleeing in the cadastral or census books and in extracts from such books:
after trial and investigation and on the basis of the books and the extracts,
return such fugitive peasants, and landless peasants, and children of peasants
and landless peasants to those pomeshchiks and votchinniks from whom they are
fleeing.
7. If any people approach someone
and proceed to petition to be [his] slaves, and they say about themselves that
they are free people: those people, whom they approach, shall interrogate them,
what kind of free people they are, and where they were born, and with whom they
lived heretofore, and whether they are not the children of fathers in government
service, and whether they have been in the sovereign’s service and on the tax
rolls, and whether they are not someone’s fugitive slaves, or whether they are
peasants and landless peasants.
8. Concerning slaves who proceed to approach someone and petition to be [his] slaves after the death [of their previous owners], and they bring with them manumission documents issued by the deceased or their bailiffs: bring such slaves with those manumission documents to the Slavery Prikaz. In the Slavery Prikaz, having interrogated those slaves and having obtained copies of the manumission documents, order that those people to whom they proceed to petition to be their slaves be granted limited service slavery contracts on them. Order the manumission documents glued to the limited service slavery contracts and [the entire transaction] certified by a state secretary’s signature. Leave copies of those manumission documents, initialed by a state secretary, in the Slavery Prikaz; register those limited service slavery contracts, the manumission documents, and the slaves’ features and identifying marks in the books. [6]
9. Concerning people who have limited service slavery contracts on slaves; and those people, desiring to register those slaves of theirs as slaves for their children, send [someone] to the Slavery Prikaz to obtain new limited service slavery contracts on those slaves of theirs in the name of their children; but they do not give those slaves of theirs manumission documents: do not give their children limited service slavery contracts on those slaves without manumission documents.
10. Concerning slaves who are set free on the death of their former lords; and they are granted manumission documents; and they, having come with those manumission documents to someone, petition to be slaves; and they give their manumission documents to him; and later on, abandoning those manumission documents of theirs to that person to whom they gave them, they, having left them, petition to be the slaves of someone else; and they proceed to give limited service slavery contracts on themselves: do not give limited service slavery contracts on them to those people to whom they came without manumission documents. Give limited service slavery contracts on them to those people to whom they earlier had come with the manumission documents.
11. [If] someone says that he
heretofore had been someone’s slave, and was manumitted, but does not present a
manumission document: interrogate him on that subject accordingly, why he has no
manumission document; and with whom he served previously, and whether that
[person] is still living; and if [he is still] living, why he freed him but did
not give him a manumission document, or, if that [person] whom he served
previously died, and if he died, whether a wife and children survived him; and
on what basis he served him, whether he was an hereditary slave, or a limited
service contract slave; and if it was as a limited service contract slave, where
the limited service slavery contract was taken on him, and why he was not given
a manumission document upon the death of that former lord of his.
12. If such a slave under
interrogation says that his former master died; and that he served him on the
basis of a limited service slavery contract, and where and in what year the
limited service slavery contract was taken on him, and he testifies about that
explicitly: on the basis of those testimonies of his examine the limited service
slavery contract record books, whether there is a record of the limited service
slavery contract on him.
13. If the first master of that
slave died, and children survived him; and no limited service slavery contract
for that slave is evident in registration form in the limited service slavery
contract registration books; and the children of his first master petition the
sovereign about him on the basis of hereditary slavery, not on the basis of
limited service contract slavery, and they present hereditary slavery documents
on him: return that slave into slavery to those children of his former master on
terms of hereditary slavery and on the basis of the hereditary slavery
documents.
14. If someone commands his own children, or brothers, or stewards to set free his own limited service contract slaves on his death; and those children of his, or brothers, or stewards do not set free those slaves of his, and they desire to keep them for themselves: those slaves whom the children, or brothers, or stewards did not set free after [the passing of] the deceased shall petition against them to the sovereign and submit petitions on that matter to the Slavery Prikaz. The directors shall send out bailiffs from the Slavery Prikaz after those people against whom those slaves are petitioning and order them, while conducting the investigation, to arrange an eye-to-eye confrontation with the petitioners. Having conducted the investigation, order [the heirs] to give those slaves manumission documents without any delay.
15. If someone by God’s judgment
dies a sudden death; and limited service contract slaves survive him; and the
wife and children, or brothers, of that deceased do not wish to set free those
limited service contract slaves from themselves and will not give them
manumission documents, and those slaves proceed to petition the sovereign
against them about this matter: in response to their petition, having
investigated about that rigorously, [and ascertained] that they served their
master under terms of limited service contract slavery, and not hereditary
slavery: liberate them from the wife and children and from the brothers of that
deceased master, and grant them freedom.
[7]
16. If any free people in Moscow
and in the provincial towns voluntarily petition to be someone’s slaves, and
having petitioned, proceed to live with those people to whom they are
petitioning to be their slaves without entering slavery contracts for a month,
or two, or three months; and those people to whom they petition to be their
slaves bring them to the Slavery Prikaz and proceed to petition the sovereign
against them, [stating] that they have been serving them for a long time, but
have not given limited service slavery contracts on themselves, and [requesting]
the sovereign to order limited service slavery contracts issued them on those
people; and if the people who have been brought in do not wish to give limited
service slavery contracts on themselves, and they have lived with those people
for less than three months: set those people free. Do not issue limited service
slavery contracts on them because they lived with them without entering slavery
contracts for [only] a short time.
17. If such people, having lived voluntarily as slaves with someone, without documentation, leave them with a discharge, or without a discharge; and those people from whom they leave proceed to sue them for stolen property, desiring thereby to retain them in their possession: do not grant them a trial for stolen property against those people who left them because he trusted the slave and kept him at his house without documentation.
18. If someone lives at
someone’s house without a limited service slavery contract; and he is literate,
and that person in various letters proceeds to describe himself as the slave of
that person at whose house he is living without a limited service slavery
contract; and subsequently he desires not to live with that person, and having
left him, gives someone else a limited service slavery contract: that person is
enslaved to that one to whom he gives the limited service slavery contract on
himself.
19. Public square scribes shall write limited service slavery contracts in the amount of 3 rubles for one person, not more or less. Collect the fees for the sovereign’s treasury at the rate of .03 ruble per ruble.
20. Issue limited service
slavery contracts on slaves who are 15 years of age. But if they are less than
15 years of age: do not issue limited service slavery contracts on those
[people].
21. If someone, without checking, takes a limited service slavery contract on a full slave, or a reported slave, or an hereditary slave, without a manumission document, return that slave after investigation to that person whose document is older.
22. Concerning that slave who, fleeing from his old master, petitioned [to be a slave] in the house of another, and thereby caused a dispute: beat him mercilessly for that with the knout on the rack in front of the Slavery Prikaz so that others looking on will learn not to commit such a felony.
23. If people begin to get
limited service slavery contracts on someone feloniously in his absence with a
substitute, investigate such [matters] in the Slavery Prikaz in the limited
service slavery contract registration books: examine the features and
identifying marks of the disputed slaves in the Prikaz.
24. If a slave, or a peasant,
flees from someone, abandoning his father or mother, and gives a limited service
slavery contract on himself to someone else anew: conduct an investigation with
the help of their fathers and mothers of such fugitive hereditary slaves and
limited service contract slaves and peasant children in response to the petition
of those people from whom they are fleeing, and arrange an eye-to-eye
confrontation of them with their fathers and mothers.
25. If any slaves during inquiry
at trial and at the visual confrontation proceed to deny their fathers and
mothers, or brothers, or sisters, or uncles, or aunts; and their fathers and
mothers, or brothers, or sisters, or uncles, or aunts proceed to say against
them that they are perjurously denying them, not desiring to be with them in
slavery: torture those slaves who proceed to deny their fathers and mothers, and
brothers, and sisters, and uncles, and aunts.
26. If slave[s], or peasant[s], abandoning [their] wives, flee from someone, and in flight they marry other women; and they proceed to deny their first wives; or if any slave woman, or peasant woman, abandoning their husband[s], marry other men, and criminally proceed to deny their first husbands: compile for them a decree like the one written above this in the slavery article.
27. If young limited service contract slave women and widows, and other slave young women and widows, and peasant daughters flee from someone and marry servicemen of the southern frontier towns: collect a severance fee for those fugitive household widows and young women from those people whom they marry of 50 rubles per person for a slave widow or a young woman, but 10 rubles per person for a young woman or a widow who is a peasant’s daughter.
28. If someone apprehends a
slave in another’s house, and he presents a limited service slavery contract
written in a provincial town on the slave; and he says that that limited service
slavery contract is registered in the books in a provincial town; and on the
limited service slavery contract it is noted that the limited service slavery
contract was registered in the books; but in the books that limited service
slavery contract is not evident in a registration in the particular book he
cites; but the signature of a governor, chancellery official, or senior official
of the felony control administration is on that limited service slavery
contract: do not direct the verdict on the basis of that limited service slavery
contract against that person who presents such a limited service slavery
contract at the trial. Order him granted a new limited service slavery contract
on that male or female slave in the stead of that limited service slavery
contract.
29. Concerning people who lost
their hereditary slavery documents on hereditary slaves in the destruction of
Moscow, in years past, prior to 1613; and by the decree of the great Sovereign,
Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed memory those
people were ordered given declarations on those hereditary slavery documents in
the past years 1613 and 1614; and if any people proceed to sue someone as
hereditary slaves, but at trial do not present hereditary slavery documents on
those people, but testify that the hereditary slavery documents on those slaves
were lost in the destruction of Moscow, and in that matter they proceed to cite
the declarations which were issued in the statutory years 1613 and 1614; and if
those declarations are established to exist: on the basis of those declarations
return those hereditary slaves to those people who have submitted those
declarations on them.
30. Concerning slaves who were
born in certain peoples’ houses to limited service contract slaves of’ theirs,
and they have been living in their houses for many years without being
registered as limited service contract slaves: those people with whom they are
living without documentation shall acquire limited service contracts on such
slaves.
31. If someone is registered in
any document as a slave: if those people [marry, a free man becomes] a slave by
[marrying] a slave woman, and a [free woman becomes] a slave by [marrying] a
slave man.
32. If [litigating slaveowners] present two full slavery documents or two reported slavery documents on one slave, and if one document is older: after investigation turn that slave over to that [person who owns that older document].
33. If someone commits treason, departs from the Muscovite state into another state; and after his [departure] his slaves are granted freedom by a decree of the sovereign and a decision of the boyars; and as free men those slaves of his petition to be someone’s slaves; and subsequently that traitor returns [from the state to which he defected], and the sovereign favors him, bestows a kindness on him, and orders him not to be put to death for that treason of his: he may again acquire slaves for himself, whoever desires to be enslaved at his house. He has, however, no claim to those slaves of his who were granted freedom during his absence.
34. If someone’s slave is taken
into captivity into another land, and subsequently that slave returns from
captivity: he is not the slave of his old master. Return his wife and children
to him for his suffering in captivity.
35. If a slave commits treason, flees to another state, and subsequently returns from that state to the Muscovite state by himself: he is [still] the slave of his old master on the basis of his prior slavery status because he was in another land as a fugitive, and was not taken a captive.
36. If a male slave, or a female slave flees from someone; and petitions to be the slave of someone else; and while in the possession of that person to whom he or she petitions to be a slave when a fugitive is taken into captivity; and subsequently he or she returns from captivity; return them to their former masters on the basis of the first documents. Do not return them as slaves to those people who owned them when they were taken into captivity.
37. Concerning military captives of any lands, children of foreign servicemen, who convert to the Orthodox Christian faith, but prove unsuitable for service to the sovereign; and who have rendered the sovereign’s service, and have been discharged from service; and they desire to petition to serve someone and want to enter into a limited service slavery contract on themselves: that person [who was petitioned] shall get a [slavery] document on that newly baptized person and register it in the books.
38. If someone receives a newly baptized person in his personal service and gets a [slavery] document on him, but fails to register that document in the [Slavery] Prikaz; and subsequently that newly baptized person flees from him, and he proceeds to sue him for stolen property on the basis of that unregistered slavery document: do not believe such documents. Do not grant anyone a trial for stolen property against those newly baptized persons because that document was obtained not in accord with the sovereign’s decree.
39. If someone sues someone for loaned money on the basis of limited service slavery contracts or on the basis of notes [promising] to serve for interest, and also for stolen property; and the borrowers against whom the plaintiffs are suing concede liability under the limited service slavery contracts and the promissory notes and plead guilty in the matter of the stolen property; or [if] in plaintiffs’ suits someone is found guilty at trial; and if it is impossible to exact the plaintiffs’ awards from those slaves, and no one will post bond or agree to pay the plaintiffs’ awards in their stead: turn over those defendants in the suits as slaves to the plaintiffs until they are redeemed.
40. Calculate the value of the
slave labor of those slaves in redeeming a plaintiff’s suit at the rate of 5.00
rubles per year for males, and one-half that for wives and mature women; 2.00
rubles per year for their children who are with them and over ten years of age.
If they have any minors under ten years of age, do not calculate any value for
those minors in the redemption of the plaintiff’s suit because such minors at
those ages do not perform slave labor.
41. Concerning people of all
ranks who at times of famine, or any other time, not desiring to feed their
slaves, evict them from their houses, but do not grant them manumission
documents and will not give them back [their original enslavement] documents;
and, with the intention of keeping them in the future, they order them to feed
themselves; and for that reason no other people will receive those slaves of
theirs in [their] house[s], because they have no manumission documents; and if
there is a petition in that matter against them from those slaves of theirs: in
response to that slave petition the directors of the Slavery Prikaz shall send
for their masters who are evicting them from their houses. Interrogate those
masters of theirs, whether they really have evicted them from their houses.
42. If their masters, against whom they petition, testify about those slaves, that those slaves of theirs are petitioning against them falsely, that they did not evict them from their houses: give back those slaves to those masters of theirs. Order those masters of theirs to feed them in times of famine, not to starve them with hunger. Moreover, they shall not commit any bad deed against them because they petitioned against them.
43. If someone in a time of
famine gives himself and his wife, or his son or a daughter, to someone as a
slave in exchange for food; and he gives a note on himself to that effect; or he
writes down borrowed money in the note on himself and on his children: on the
basis of that note they shall live with that person to whom they gave themselves
as slaves until that time when they have redeemed themselves or worked off [the
debt].
44. Concerning slaves who
proceed to live in the houses of people on the basis of notes, and in the note
is written the given name of that one person to whom the note was given; and
they are to live with them until their death or for a specified number of years,
but they do not live out the specified number of years: take a forfeit note from
them on the basis of the note.
45. If a father or mother gives
to someone a son or daughter as a slave for a specified term; and they sign
guarantee notes on those children of theirs, and they give on themselves notes
over [their] signatures in which they guarantee that their children will not
flee from those people to whom they are turning them over, and will commit no
offense; and if those notes are registered in the books in the Slavery Prikaz;
or if someone, a third person, guarantees someone for that period of residence
in a household; and those people, whom they guarantee, not living out the
specified years, flee from those people to whom they were given [to live] in the
household; and subsequently those people from whom they are fleeing find them
and bring them back to their houses; and, on the basis of the notes, they
proceed to sue their guarantors for the forfeit or stolen property; and the
guarantors testify that those fugitive slaves stole nothing from them, and there
is no evidence on which to base an investigation: arrange a taking of an oath, a
kissing of the cross, between them and the guarantors over the issue of the
stolen property.
46. Concerning people who proceed to sue someone on the basis of notes, and in those notes it is written that they bought up those slaves [whom they sued] for debts from the righter, and [that] those slaves are to live with them, and they are to serve their children in the household and are to marry; and having married, they are to serve on the same terms in the household; but it is not written in the note how many years they are to serve: on the basis of such notes return those slaves to the household of those people to whom they gave such indentures on themselves because they gave that note on themselves of [their own] free will.
47. If someone, a father with [his] son, or a brother with [his] brother, or an uncle with [his] nephew together take a limited service slavery contract on a slave, and they proceed to sue those slaves on the basis of those limited service slavery contracts [to enforce their] slavery status: reject those plaintiffs on the basis of such limited service slavery contracts. Set free such slaves on whom they present such limited service slavery contracts at trial because, by the sovereign’s decree, it was ordered that all people must take limited service slavery contracts individually. It was ordered that two people together, a father with a son, a brother with a brother, and an uncle with a nephew, could not take limited service slavery contracts on one slave.
48. If someone has such limited service slavery contracts which were taken on slaves prior to this royal decree: they shall bring those limited service slavery contracts and the slaves in Moscow to the Slavery Prikaz, and in the provincial towns to the governors, and chancellery officials, and senior officials of the felony control administration in the town halls. They shall get new limited service slavery contracts on those slaves according to this decree of the sovereign. Take the old limited service-slavery contracts from them to the [Slavery Prikaz]. But do not grant freedom on the basis of those old limited service slavery contracts to those slaves of theirs.
49. If someone proceeds to sue someone for fugitive slaves, but the defendant denies having those slaves, and testifies that those slaves are not in his possession; and that defendant denied under oath that he had those slaves, but subsequently those slaves appear in his possession; and the plaintiff takes those slaves of his from him: because the defendant falsely took an oath, compile for such a person a decree like the one written above this in [chapter 11] on the judicial process for peasants.
50. If in his defense a
defendant testifies about another’s slave that he had that slave who belongs to
someone else, but that [the slave] fled prior to the plaintiff’s petition, and
he is living in another town: order that defendant to find that fugitive slave
who belongs to someone else, and give him a date to find him based on the
distance, according to statute.
51. Concerning defendants who do
not deny [having had] others’ fugitive slaves, but testify that those slaves
also fled from them, and that they do not know where they are living: such
people shall find those fugitive slaves. Give them at first a time limit of two
months, then a second after two months of four months If in half a year they do
not find them, give them a third time limit of another half year.
52. Concerning people who proceed to keep slaves for themselves on the basis of their fathers’ limited service slavery contracts, and their fathers have died: set free from them those slaves of their fathers. If as free men those [manumitted] slaves give limited service slavery contracts on themselves to someone, they shall be the slaves of that [person].
53. If someone manumits his own hereditary male slave or female slave during his lifetime, or on his death his stewards manumit such hereditary slaves at his command: henceforth his children, and brothers, and kinsmen shall have no claim to those slaves. [9]
54. If someone apprehends a
slave from someone and brings that slave for interrogation to the Slavery
Prikaz; and after the interrogation submits a petition for a trial against that
slave; and that person from whom he apprehended that slave proceeds to testify
that he does not trust that slave to defend himself, and proceeds himself to
respond for the slave: let it be his choice in that matter, but the slave also
shall be present at trial.
55. Concerning people who have sent out a bailiff to someone in pursuit of fugitive slaves and have signed a petition [to sue for the recovery of] stolen property, or have signed a bailiff’s memorandum, but do not the suit for a week; or defendants who, having posted bond on themselves for a trial, do not proceed to enter a defense for a week: compile a decree for those plaintiffs or defendants accordingly, as is written about that above this in chapter [10] on the judicial process.
56. Concerning people of all ranks who proceed to sue slaves to enforce their enslavement; and they present a limited service slavery contract on that slave dated 1611/12 signed by a state secretary and a registration certificate written by the scribes, even though those limited service slavery contracts and books no longer exist; or if someone has certain limited service slavery contracts taken on slaves older than that, and those limited service slavery contracts are also signed by state secretaries and the registration certificates written by scribes, but the books for those limited service slavery contracts no longer exist: believe those limited service slavery contracts. Return slaves on the basis of those limited service slavery contracts to those people in whose name those limited service slavery contracts are written because those limited service slavery contracts were written prior to the time when the great Sovereign, Tsar, and Grand Prince of all Russia Mikhail Fedorovich of blessed memory began to rule the Muscovite state.
57. Concerning people who proceed to sue someone for fugitive slaves, but at that time they do not proceed to sue for stolen property; and in the plea they write that they will sue for stolen property in the future, after the suit for slavery is resolved: afterward do not grant such plaintiffs a trial for stolen property.
58. Concerning people who, on assignment in the provincial towns as governors and chancellery officials, take limited service slavery contracts on someone in those same towns: those limited service slavery contracts are null and void because governors and chancellery officials, on assignment in the provincial towns, have been ordered not to get limited service slavery contracts or any other documents on anyone.
59. If someone sues someone to
enforce slavery status: after trial release those disputed slaves on bond with
written notes [provided by people] other than the plaintiff and the defendant.
60. When a master’s male slave
or female slave is bound to a plaintiff or a defendant, and [that is]
established by trial, return the husband, and if that slave is married: return
the wife with him.
61. Give full slaves, and
reported slaves, and purchased slaves, and war captives of other lands in
dowries and write them down in shares in wills, and gift documents, and marriage
contracts for wives, and children, and grandchildren and great grandchildren.
62. If someone gives his own hereditary or purchased slaves in a dowry to his sister or daughter; and by God’s judgment that sister or daughter of his dies; and no children survive them: the husbands of the deceased shall return such dowry slaves on the basis of the marriage contracts to those people who gave them in the dowry, even if the dowered slave women or mature girls got married, and the slave men got married. Return them completely according to that canon of the Holy Apostles and the Holy Fathers in which it has been ordered that wives shall not be divorced from husbands: where the husband is, there the wife shall be; to whom the wife [belongs], to that same person the husband also [shall belong].
63. Concerning people who, while
departing from this world, write in a will that their limited service contract
slaves on their death will belong to their wives and children; but those limited
service contract slaves of his do not want to live at his wife’s and children’s
house; and on [his] death they proceed to petition someone else to be [his]
slaves; and they give [new] limited service slavery contracts on themselves:
those slaves are bound to that person to whom they give limited service slavery
contracts on themselves after the death of their first master.
64. If people, while departing
from this world, in a will write down their slaves as hereditary slaves, or any
other type of slaves except limited service contract slaves, and pass on their
slaves to a wife or their children in an allotment; and that will is witnessed;
and at the witnessing that will is not contested; and subsequently a dispute
arises with someone about those slaves, or between those slaves of the deceased
and the wife and children, but no one presents documents besides the will
demonstrating that those slaves are hereditary slaves; and the slaves proceed to
show that they served as limited service contract slaves with that person who
wrote them as an allotment in his will to his wife or children: interrogate
those slaves [to discover] whether they had served as limited service contract
slaves, where and in what year the limited service slavery contracts were taken
on them.
65. If slaves after the passing of their masters are manumitted, and as free men they proceed to initiate a suit against the wives and children of their deceased masters [to recover] property and plunder because they were manumitted without property: do not grant those slaves a trial in that matter.
66. Concerning slaves who in the
past years 1632/33 and 1633/34 were with their masters in the sovereign’s
service at Smolensk; and in battles and on raids they were taken into captivity
into the Rzeczpospolita, and they have left captivity: such slaves have been
granted freedom for their suffering in captivity, and their wives have been
returned to them; but their children who were born at someone’s house in
slavery, and on whom there are limited service slavery contracts and other
documents, were ordered to remain as slaves in that household as they were
earlier.
67. When male or female slaves,
having fled from someone, take monastic vows; or when slaves become priests or
deacons while they are fugitives; and those people from whom they are fleeing
proceed to initiate claims to them and desire to sue them for stolen property
and to enforce their slavery status: grant a trial in the Slavery Prikaz to
their masters against such fugitive slaves for stolen property and to enforce
their slavery status.
68. If such fugitive slaves have put monkly vestments or skull caps on themselves, and that is established accurately: after an investigation, having removed the monkly vestments and the skull caps from them, return them as slaves to those people from whom they fled.
69. Concerning [Polish-]
Lithuanian war captives who have been married in masters’ houses to documented
and hereditary Russian slave women; or women or mature girls, [Polish-]
Lithuanian war captives, who have been married in masters’ houses to documented
or limited service contract male slaves; and in a show-up before the boyars
those [Polish-] Lithuanian male and female war captives testified under
interrogation that they [wished] to go [back] to the Rzeczpospolita, and they
did not wish to live in the houses of those masters of theirs, where the [male
captives] married Russians and the female captives were married to Russians:
those [Polish-] Lithuanian male war captives with their wives, Russian women,
and the female war captives with their husbands, Russian men, were freed from
their masters’ houses and from people of various ranks and they were ordered to
live in freedom, wherever each wanted.
70. Unbaptized foreigners in
Moscow and in the provincial towns shall keep in their houses [only] foreigners
of various different creeds as slaves.
71. Concerning unbaptized
foreigners of various faiths who are living in Moscow and in the provincial
towns under similarly unbaptized foreigners of similarly various faiths on the
basis of purchase documents, or because they are war captives; and those
foreigners desire to be baptized in the Orthodox Christian faith; and they
proceed to petition about that to the sovereign, would the sovereign bestow
favor upon them, order them, after being taken away from those foreigners in
whose houses they are living, baptized into the Orthodox Christian faith: in
response to that petition, baptize those foreigners in the Orthodox Christian
faith.
72. In the provincial towns the
governors, all chancellery officials, and the senior officials of the felony
control administration shall issue limited service slavery contracts on slaves
signed by their own hands, and not over seals.
73. The governors, chancellery
officials, and senior officials of the felony control administration shall send
the limited service slavery contract registration books from the provincial
towns to Moscow annually signed by their own hands, and not over a seal.
74. Concerning people who in the
Slavery Chancellery present purchase documents on Tatars, and petition that
those purchase documents be registered in the books in the Slavery Prikaz; and
the Tatars about whom those purchase documents are written by name do not deny
those purchase documents: register those purchase documents in the books.
75. Concerning people who present at a trial two limited service slavery contracts [issued in] Moscow on one slave; and both of those limited service slavery contracts are written in the books; and that slave corresponds in features and identifying marks with the books according to one limited service slavery contract, but does not correspond with the other: return that contested slave as a slave on the basis of that limited service slavery contract in which he corresponds with the books in features and marks, even if that limited service slavery contract was gotten after that limited service slavery contract on whose basis that slave does not correspond with the books in identification marks.
76. Henceforth from the time of this Law Code describe slaves’ identifying marks in the limited service slavery contracts precisely [to prepare] for such disputes so that any person will know the identifying marks of his own slave; when slaves’ identifying marks are described precisely in the limited service slavery contracts, henceforth there will be no such disputes about slaves with anyone.
77. If someone bequeaths his
hereditary slaves or purchased slaves to someone as an allotment in his will;
and the will is witnessed and sealed; and those slaves, desiring not to live
with those people to whom they were bequeathed in the will, after fleeing from
them, give limited service slavery contracts on themselves to someone else:
return those hereditary and purchased slaves to those people to whom they are
bequeathed in the will.
78. If a slave petitions to be
someone’s slave; and he writes a limited service slavery contract on himself;
and that person to whom he petitions to be a slave brings him with that limited
service slavery contract for registration into the Slavery Prikaz; and another
person at that same time proceeds to petition against that slave [alleging] that
that slave previously had petitioned to be his slave and had desired to give him
a limited service slavery contract on himself, and he had given him a payment:
reject such petitioners. Give limited service slavery contracts on such slaves
to those people who bring them to the Slavery Prikaz with a limited service
slavery contract.
79. If a plaintiff, or a defendant, at a trial for a slave fails to present any document, and testifies nothing about a document; but after trial declares a document on that contested slave: do not receive documents from such people after trial [to add] to the court records. Resolve those judicial cases on the basis of what was presented at trial.
80. If someone proceeds to commit an illicit act at his house with a slave woman or a mature slave girl; and begets children with her; and that slave woman proceeds to petition the sovereign against him in that [matter]: send such women and mature girls and that person against they petition the sovereign in Moscow to the patriarch’s chancellery officials in the Patriarch’s Court, and in the provincial towns to the chancellery officials of the metropolitans and archbishops. Order a trial concerning them to be held by an ecclesiastical court. Order a decree compiled for them according to the canons of the Holy Apostles and the Holy Fathers and after interrogation of both of their spiritual fathers.
81. If someone is issued a judgment document on a limited service contract slave after trial; and that person to whom that judgment document is issued dies: after he is dead, liberate that limited service contract slave from slavery under his wife and children.
If the wife and children of that deceased desire to retain that limited service contract slave of his in their house as a slave on the basis of that judgment document, the document which was issued to that deceased while he was living: that judgment document on that slave is null and void for them because he was bound on the basis of a limited service slavery contract and judgment document. His wife and children have no claim to that slave on the basis of that limited service slavery contract and that judgment document.
82. If a judgment document is issued to someone on an hereditary or on a purchased slave: on the basis of that judgment document that hereditary or purchased slave is bound to his wife and children.
83. Concerning slaves who are born at someone’s house in limited service contract slavery; and when they are of age, abandoning their fathers and mothers, they flee from those people in whose houses they were born in limited service contract slavery and give limited service slavery contracts to someone else: return those people who are born in someone’s house in limited service contract slavery and flee to those people in whose house they were born and in whose houses their father, or mother, are serving. Reject those people to whom they give new limited service slaver contracts.
84. Concerning the hereditary slave, or documented
slave, who, having married in someone’s house, flees, abandoning the wife; and
while a fugitive he marries another wife, and conceals the first wife; and
subsequently he returns to his former master, and to his first wife, or his
former master apprehends him as a fugitive: on the basis of the hereditary
slavery and on the basis of the document he shall live at the house of that
former master of his with his first wife. His second wife shall be a slave in
the house of that person in whose house he married her.
85. If someone marries his own limited service
contract slave in his house to a free woman; and subsequently that limited
service contract slave dies at his house; and that woman who was married to that
slave of his flees from him; and she petitions someone else and gives a limited
service slavery contract on herself, and her former master, in whose house she
was married to the limited service contract slave, claims her: return that woman
to that former master of hers on the basis of her first husband.
86. If someone has a limited service contract slave, and his wife or son has a limited service contract slave woman who is unmarried, or a widow; and the husband of that wife, or the father of those children, marries that limited service contract slave of his to the unmarried or older limited service contract slave woman of his wife or his children: when the husband of the wife or the father of the children dies, that male slave is bound in slavery to his wife and children because of the limited service contract slave woman. If the wife or son dies, that limited service contract male slave is bound to the husband after [the death] or the wife and is bound to the father after [the death] of the son.
87. Concerning an hereditary slave, or a limited service contract slave who, having fled from someone, marries a free young woman or an older woman while a fugitive; and he begets children with that wife of his; and subsequently while [still] a fugitive he petitions to be the slave of someone else; and he names those children of his whom he begat while a fugitive in the limited service slavery contract along with himself; and subsequently his former master claims that fugitive slave on the grounds that he is an hereditary slave, or on the basis of the limited service slavery contract ; and after trial it becomes necessary to return him to that former master of his: return that slave as a slave to his former master with the wife and with the children.
88. Concerning the person who
apprehends his own fugitive slave without a bailiff: he shall bring that
fugitive slave of his for arraignment to the [Slavery] Prikaz with everything
that was in his possession when he apprehended him. He shall sue at trial that
person in whose house that fugitive slave or his has been living.
89. If hereditary slaves, or
limited service contract slaves, or purchased slaves, or war captives of other
lands flee from someone; and that person from whom those slaves are fleeing
proceeds to prepare a declaration and to promise a reward: and if in
response to that declaration of his someone apprehends those slaves of his: he
shall pay the reward for those fugitive slaves of his in full to that person who
apprehended them according to the agreement, without the slightest change.
90. If someone, having apprehended such fugitive slaves, does not return them to that person from whom they are fleeing, and proceeds to keep them at his house for [their] labor; and that person, to whom those slaves belong, proceeds to petition the sovereign against him about that; and it is established about that conclusively at trial that he is keeping another’s slaves at his house for their labor: after taking such slaves from him, return them to that person whose slaves they are. Moreover, order him [the plaintiff] to exact from him for the labor of such slaves .07 ruble per week for each week that those slaves were living in his house, and give that money to the plaintiff as well.
91. If someone commits [his]
slave [to work] in someone’s house, and he signs a guarantee on that slave that
that slave is honest and will not commit any crimes, and he gives a note on
himself to that effect; but that slave whom he is guaranteeing, after
committing some crime, flees; and, on the basis of that note, that person
from whom that slave flees proceeds to sue at trial that guarantor of that slave
of his, both for stolen property and for his losses; and that
guarantor does not deny the note: order him to find that slave whom he
guaranteed.
92. If a fugitive slave is returned to someone from the [Slavery] Prikaz as a slave as previously: sternly order that person to whom that fugitive slave is returned that he is not to beat that fugitive slave of his to death, nor is he to maim him or to starve him.
93. If someone claims a slave at someone’s house and the clothing on that slave, and he brings him to the Slavery Prikaz, and testifies that that slave, along with that stolen clothing, also stole from him much of his property; and the slave who is arraigned admits under interrogation at the arraignment that the clothing on him belongs to that person who claimed him, but that he stole no other property from him; and that person at whose house the slave was seized testifies that that slave petitioned to be a slave in his house for the first time and said that he was a free man; and that he brought the contested clothing to him on his person, and that he is not claiming that clothing; but that slave brought nothing else besides that clothing to him: on the basis of the defendant’s and the slave’s testimony, return to the plaintiff that clothing which was seized red-handed. Grant them a trial for the remainder of the suit, for that [portion of the suit for which] no evidence is present. After trial and investigation compile the decree for them that is necessary.
94. When people proceed to
litigate about a slave; and the contested slave is placed in custody of a
bailiff until the conclusion of the judicial case; and when the judicial case on
that contested slave is resolved, and the contested slave is returned to the
rightful owner: order the bailiff to exact the chaining fee and the cost of
feeding that slave from the wrongful holder.
95. If people proceed to invoke a general investigation [to prove the ownership] of a contested slave in an area 1.3, 2, 3.3, 4, and 6.6 miles around a pomest’e; and if it is necessary to send out an investigation team; and in the investigations few people testify, 20 or 30 people; and the investigators, the plaintiff, and the defendant [all] testify that there are no people to interrogate besides those within the given radius: that investigation shall be considered a general investigation. Believe the investigation testimony of those few people.
96. Concerning people who proceed
to litigate among themselves about slaves and stolen property, and the trial in
that case requires an oath; and at trial the plaintiff or the defendant takes
the cross for his slave to kiss; and he mentions the name of that slave at
trial, but subsequently proceeds to petition that that slave of his who was to
kiss the cross has fled, or died: he shall present another slave of his to kiss
the cross in the stead of that fugitive or deceased slave.
97. Concerning people who baptize
purchased Tatars, and proceed to sell those newly baptized slaves and to bring
them in for registration: do not issue anyone limited service slavery contracts
on such newly baptized slaves in the Slavery Prikaz.
98. If any people proceed to cede their purchased slaves of Tatar captivity to anyone as a good deed without payment, and they proceed to give gift documents on them; and those people to whom those purchased slaves are given bring them with those gift documents for registration in the Slavery Prikaz: register those gift slaves and the gift documents on them in the books in the Slavery Prikaz.
99. If someone brings Tatars for registration on the basis of purchase documents or gift documents, and testifies that those Tatars were purchased in the Don [River region], or in the provincial towns, or that someone himself took them captive: register those Tatar war captives in the books accordingly on the basis of the purchase documents and the gift documents.
100. Concerning purchased newly baptized Tatar slaves who survive after [their owners’] death; and the deceased have left no wills, or they have left wills, but if those newly baptized [slaves] have not been written down in anyone’s portion in those wills; and when they were purchased, if it was not written about them in the purchase documents that the person whom they survived purchased them for himself, his wife, and his children; and the wives or children of those deceased do not set them free because they are purchased slaves; and those purchased slaves proceed to petition the sovereign about their freedom, because they are not written down for them in the wills and in the purchase documents: those purchased slaves on the death of those people who purchased them shall remain with their wives and children because many people buy such slaves prior to their marriage. Some people buy such slaves and, having gotten married, they list those purchased slaves of theirs for themselves in purchase documents. Moreover, it is not customary to write down in purchase documents that such purchased slaves are for oneself, one’s wife, and the children.
101. If someone proceeds to sue someone [to enforce] slavery status on the basis of his grandfather’s full slavery document, but in his grandfather’s full slavery document it is written that his grandfather purchased that slave for himself and his children, but if nothing is written in that full slavery document about grandchildren and great grandchildren, and at trial a defendant presents a new limited service slavery contract on that same slave: on the basis of that limited service slavery contract order that slave henceforth to be the slave of the defendant. Reject the plaintiff in [his claims for] that slave because he is petitioning about that slave on the basis of his grandfather’s full slavery document, and that slave is not listed for him in his grandfather’s full slavery document.
102. Concerning the person who, having claimed a slave [to enforce] slavery status, and having lodged him with a bailiff, does not proceed to sue [to enforce] slavery status, and who drops his claim to him: order the bailiff to exact the chaining fee and the feeding fee for that slave from that person who, having lodged him in his house, dropped his claim.
103. If at trial a plaintiff
presents an old limited service slavery contract on a slave signed by a state
secretary, or by senior officials of the felony control administration, or by
fortifications officials; and that limited service slavery contract was written
prior to the destruction of Moscow [in 1611], and there are no limited service
slavery contract books of those years, and the scribe and the witnesses have
died; and the defendant proceeds to deny that limited service slavery contract:
conduct an investigation of that limited service slavery contract [by comparing
it] with other such limited service slavery contracts.
104. Concerning free people who wish to live at the houses of archpriests, and archdeacons, and priests, and deacons, and other church officials, or monastery servitors: issue limited service slavery contracts on those slaves to archpriests and archdeacons. Those free people shall live voluntarily at the houses of priests, and deacons, and other church officials, and monastery servitors under indentures for specified terms. Do not issue limited service slavery contracts on such free people to priests, and deacons, and other church officials, and monastery servitors.
105. Also on the matter of free
people who desire to live at the houses of slaves: those people shall live
voluntarily at the houses of slaves under similar indentures for specified
terms. Do not issue limited service slavery contracts on such free people to
slaves.
106. If someone, departing this world, writes in his will that the limited service contract slaves of his son[s] shall be set free: manumit those limited service contract slaves of his sons in accord with the father’s will. Issue them manumission documents. Order them not to serve his sons on the basis of the limited service slavery contracts.
107. Concerning limited service slavery contracts and limited service slavery contract record books written in the provincial towns, and sent from the provincial towns to Moscow in years past, through August 26, 1640; and there are no signatures of chancellery officials on those limited service slavery contracts and on the limited service slavery contract books; and there has been no petition against those books prior to this royal decree, and in no manner have those books and limited service slavery contracts been contested: believe those limited service slavery contracts and limited service slavery contract books. Confirm those books with the signature of a state secretary.
108. Concerning people who
proceed to litigate about a slave; one of them proceeds to call that slave an
hereditary slave, and the other a limited service contract slave, and they
proceed to call him by different given names and nick-names; and the plaintiff
or the defendant proceeds to invoke a general investigation [to prove] that that
slave was known as an hereditary slave at his house, and [one litigant requests]
that the contested slave be placed [for inspection] in front of the people
testifying in the general investigation: place that contested slave in front of
those being interrogated in the general investigation.
109. If a plaintiff or a defendant in litigation over slaves proceeds to name a mutual witness, but the mutual witness is in distant towns in Siberia or in Astrakhan’; or [a litigant proceeds to claim that] a general investigation in those same distant towns [would prove his case]; and one of them proceeds to petition against such motions [and alleges] that [his opponent’s aim in] extending [the proceedings] to such distant towns is to delay the case: do not send the sovereign’s documents to those distant towns for an interrogation of the mutual witness and for a general investigation. Resolve the case on the basis of the trial, however it turns out, so that no one will suffer excessive delay in that [matter].
110. If slaves proceed to enter
into limited service slavery contracts on themselves and on their children [with
someone]; and the children in their household at that time are 15 or 20 and more
years of age: and those slaves proceed to write down those children of theirs in
the limited service slavery contracts with themselves, [although the children]
are not present: do not register those slave children in limited service slavery
contracts and in the limited service slavery contract books in absentia. Order
them to be present for the limited service contract slavery registration in
person. Register all of their features and identifying marks in the limited
service slavery contract books. Do not issue limited service slavery contracts
in absentia on such grown-up slave children.
111. If prior to this royal
decree someone seized a slave at someone’s house, and having brought that slave
to the [Slavery] Prikaz, did not sue him [to prove] slavery status for a long
time; and thereby he lost his claim to that slave; and that slave of his was
returned to that person in whose house he was seized: that slave henceforth
shall be the slave of that person to whom he was returned from the [Slavery]
Prikaz by the previous royal decree because he himself lost that slave through
his own action because he did not sue him [to prove] slavery status for a long
time.
112. If slaves seize others’
slaves in someone’s house, and bring those slaves to the [Slavery] Prikaz: and
those people to whom the slaves belong are in the sovereign’s service in distant
towns in Siberia, or in Astrakhan’, or in other towns at that time, and those
slaves who have brought those arraigned slaves to the [Slavery] Prikaz testify
that the documents on them are with their masters in those distant towns, and
those slaves who have seized those slaves do not proceed to bring suit against
those arraigned slaves to prove their slavery status without their master:
return such arraigned slaves to those people in whose houses they were seized
until that time when their plaintiffs have returned from the distant towns.
Order such people to whom they are given to sign the arraignment document.
113. If a pomeshchik or an
votchinnik takes a limited service slavery contract on his peasant, or on a
peasant’s son, or on his own peasant woman, or on a peasant’s unmarried
daughter; and that peasant, or peasant’s son, or peasant woman, or peasant’s
daughter, having lived with him as a slave, flees from him; and as a fugitive
gives a second limited service slavery contract to someone else on himself or
herself; and his former master claims him; and the defendant proceeds to
petition against him and points out that he took a limited service slavery
contract on his own peasant, or peasant’s son, or peasant woman, or peasant’s
daughter; and on that basis that defendant proceeds to litigate with him over
that slave, and desires to have the verdict given to him because of his limited
service slavery contract: return such fugitive slaves from slavery to their
former masters as peasants.
114. Concerning the documented
slave who flees from someone; and while a fugitive gives someone a limited
service slavery contract on himself; and having given that limited service
slavery contract, returns from flight to his former master: and he proceeds to
serve his former master until his death; and on the death of his former master
he petitions [a third person] to be his slave, and gives a limited service
slavery contract to someone other than that person to whom he gave that limited
service slavery contract on himself before while he was fleeing from his former
master: that slave is bound to that person to whom he gives a limited service
slavery contract on himself on the death of his first master.
115. Concerning the male slave
who flees from [his] master, and a slave widow or unmarried young woman flees
from another master; and both, the male slave and the female slave, are limited
service contract slaves, or hereditary slaves; or one is a limited service
contract slave, and the other is an hereditary slave; and the fugitive male
slave marries that fugitive widow or unmarried young woman slave; and later on
those people from whom they are fleeing claim them; and they proceed to
petition, one about the male slave, and the other about the older woman or the
young unmarried woman slave: they shall cast lots.
116. Concerning taxpayers who proceed to bring to the Slavery Prikaz indentures on their children, or on brothers and kinsmen, to tax-exempt people of various ranks, for a specified term of many years: do not register indentures for many years on such taxpayers for tax-exempt people. Register such indentures for only five years, and do not register them for more than five years.
117. In the past year 1623/24 a
decree of the great Sovereign, Tsar, and Grand Prince of all Russia Mikhail
Fedorovich of blessed memory, was sent to Siberia and Astrakhan’ ordering all
people not to buy adult and child Tatars of the male and female gender, not to
take them as presents from anyone and baptize them, and not to send them with
anyone to Rus’.
118. If someone in Astrakhan’ and
in Siberia proceeds to steal or carry off by force adult and child Tatars from
someone: after an investigation, inflict a severe punishment on those people for
that. Having taken away from them those adult and child Tatars whom they have
stolen or taken away by force, if they are not baptized, return them to those
people from whom they have been stolen or taken away by force.
119. Concerning those judicial cases on slaves which were resolved by a decree of the sovereign and a decision of the boyars prior to this Law Code in all the chancelleries: those cases shall remain as those cases were already resolved. Henceforth do not revive or reconsider those cases.
CHAPTER 21. -- Robbery and Theft Cases. In It Are 104 Articles.
1. Concerning robbers who rob and kill people and thieves who steal in Moscow province, in the provincial towns, in the urban taxpaying districts, and in the provinces: such robbery, and homicide, and theft cases shall be resolved in the Felony Prikaz.
2. Concerning felons who steal and commit various homicide offenses in Moscow: those cases shall be resolved in the Moscow Administrative Prikaz, and in no event in the Felony Prikaz.
3. Senior officials and sworn men of the felony control administration shall resolve robbery, and homicide, and theft cases in the provincial towns according to directives from the Felony Prikaz. Governors in no event shall resolve such cases in the provincial towns. But where there are no senior officials of the felony control administration, in those towns governors and chancellery officials shall resolve cases [in the jurisdiction] of the felony control administration.
4. Worthy and
prosperous dvoriane, who have been discharged from service because of
superannuation or because of wounds, or whose children and kinsmen are serving
for them, and who are literate, shall serve as senior officials of the felony
control administration [with jurisdiction] over such cases in the provincial
towns. Those who are illiterate shall not be elected as senior officials of the
felony control administration.
5. Issue orders to the senior officials of the felony control administration sternly, and write to them in the directives with great emphasis that they are to investigate thieves and robbers, to review the situation, and to be on constant guard so that there will be no robbers’ camps and refuges for thieves and robbers anywhere.
6. Try plaintiffs’ suits against senior officials, and sworn assistants of the felony control administration, and scribes of felony control administration affairs, in the Felony Prikaz.
7. If plaintiffs proceed to petition against a senior official of the felony control administration [accusing him of] enmity, or favoritism: order a senior official of the felony control administration of another town to resolve that case with that senior official of the felony control administration against whom the petition is filed.
8. Concerning people who bring a thief or robber into the felony control administration office; and those robbers or thieves proceed to accuse those people, and their slaves and peasants who have brought them into the felony control administration office, of robbery, or theft, or any other felony: do not believe that so that all people, apprehending felons, fearlessly will bring them for arraignment to the felony control administration office.
9. If a thief
is brought in, and one theft is attributed to him: torture that thief about
other thefts and homicide. If he does not confess under torture to other thefts
and homicide, but testifies that he stole for the first time, and did not commit
a homicide: beat that thief with the knout for the first theft, cut off his left
ear, and imprison him for two years, and give out his properly in shares to the
plaintiffs. Having taken him out of prison, send him in chains to work as a
slave of various forced labor projects wherever the sovereign decrees.
10. If that
same thief is apprehended in a second theft: torture him about other thefts
accordingly. If he confesses only to two thefts, and [says] that he did not
commit a homicide: after the torturing, beat him with the knout and, having cut
off his right ear, imprison him for four years. Having taken him out of prison,
send him to [work] on the sovereign’s various forced labor projects, accordingly
in chains.
11. For swindlers compile that same decree which has been decreed shall be compiled for thieves for a first theft.
12. If a thief is brought in, and three, or four, or more thefts are attributed to him: having tortured that thief, punish him with death, even though he did not commit a homicide. Distribute his movable property to the plaintiffs in shares.
13. If a thief commits a homicide at the first theft, punish him with death.
14. Punish church thieves also with death without the slightest mercy. Give back their movable property [to compensate for] the church thefts.
15.
Concerning felons who commit felonies in Moscow and in the provincial towns;
they play cards and dice, and having lost, they commit felonies: walking along
the streets, they slash and rob people, and tear off caps: compile a solemn
decree about such felons in Moscow, in the provincial towns, and in the
provinces, and the criers shall cry it out for many days.
16. If a
robber is brought in, torture him. If he confesses under torture that he robbed
for the first time, but did not commit a homicide: after the torturing, cut off
the right ear of that robber for his first robbery, imprison him for three
years, and hand out his movable property in shares to the plaintiffs.
17. If a robber is apprehended in a robbery a second time: torture him accordingly, and [also] about other robberies. If he confesses only to two robberies, and even though he did not commit a homicide: punish him with death for the second robbery. Hand out his movable property in shares to the plaintiffs.
18. Concerning robbers who testify against themselves in an interrogation and under torture that they were at one robbery, and at that same robbery committed a homicide, or set fire to houses or grain: punish those robbers with death for a first robbery.
19. Send the sovereign’s charters about thieves and robbers to the provincial towns. Order the criers to cry it out in the urban taxpaying districts, and settlements, and in the provinces, in the villages and in hamlets, and around the market places, and compile a stern decree that if such people who have their ears cut off turn up somewhere, and they do not have in their possession letters stating that they were released from prison: having arrested such people, bring them to the governors, and to chancellery officials and senior officials of the felony control administration in the provincial towns. The governors and chancellery officials shall interrogate those people. Write to the sovereign in Moscow for a decree after the interrogation, and hold those people in prison until the sovereign’s decree [arrives].
20. If someone proceeds to conceal and harbor such people at his house, and does not bring them to the governors, and to chancellery officials, and to senior officials of the felony control administration, and someone else denounces him: collect a fine of 10 rubles from him for that so that others looking on will learn not to do that, and so that there will be no refuge for thieves and robbers anywhere.
21. If robbers
are arrested during robberies, or at their camps, and under interrogation and
under torture they proceed to testify against themselves and their accomplices
about many robberies, and murder, and arson of houses, and for that felonious
behavior of theirs it becomes necessary to punish them with death; and their
accomplices, against whom they proceed to testify, are not present at the
investigation at the time: detain such felons for the investigation of their
accomplices in prison for half a year.
22. Having appraised the movable property of robbers and thieves, give it as payment to the plaintiffs. If the robbers’ and thieves’ movable property is insufficient to pay the claims: exact those claims in shares from those shown during investigation [to have been accomplices].
23. Concerning robbers who testify in plaintiffs’ suits against themselves and against their accomplices under torturings that they committed robberies, and what they took in the robberies, and they testify about that explicitly, and they testify that they took no more than that: the plaintiffs shall exact in their suits [the amount] which the robber testified [that he took in the robbery].
24. Concerning the robber who testifies under torture that he robbed someone, and that he took his movable property; but he testifies that he does not remember what movable property he and his accomplices took: award those plaintiffs one-quarter of their claims in response to their petition.
25. Concerning robbers who testify under torturings that they robbed someone, and they took his movable property, and they testify explicitly about what movable properly they and their accomplices took; but concerning the rest of the plaintiffs’ movable property they testify that they do not remember who took what: in accord with that testimony of the robbers, order the plaintiffs to exact in their suits [the amount] which the robbers explicitly testified [they took in the robbery]. Collect one-quarter of the remainder of their claims which the robbers say that they do not remember.
26. Concerning the movable property of robbers which remains after the plaintiff’s share [has been satisfied]: having appraised that remaining property, sell it for the sovereign.
27. If the robbers’ movable property is insufficient to satisfy the share due the plaintiff: do not give that to the plaintiff from the property of other robbers. Do not make good that shortfall at the expense of the shares [collected from] other robberies.
28. If some
people are apprehended in a robbery, and those robbers do not proceed to testify
against themselves about the robbery under torturings: conduct an investigation
about those people around their place of habitation.
29. But if they testify about them in the investigation that they are worthy people, and do not know of any evidence against them: on the basis of the testimonies obtained under torture and of the investigations, release those [people] on cash bonds to those same people who commended their character [and guaranteed] that they would not commit any felony.
30. Concerning
people who bring in for arraignment someone caught red-handed with stolen
property; and they allege that the stolen property is theirs; and, having
brought him in for arraignment, they do not proceed to petition for a decree for
two weeks: on the basis of the sovereign’s decree, reject those people for that.
31. Concerning
plaintiffs who, not awaiting a decree, proceed to settle [out of court] with
robbers or with people brought in for arraignment [who were apprehended]
red-handed with stolen property, and proceed to bring reconciliation petitions
to the [Felony] Prikaz: that settlement of theirs is null and void. Compile for
the robbers the decree that is necessary for each person, according to the
sovereign’s decree.
32. Concerning robbers and thieves who are brought to torture: torture those robbers and thieves even on those days when it is a holiday of the sovereign or any other holiday because robbers and thieves assault, torture, burn with fire, and kill Orthodox Christians on holidays too.
33. Concerning felons, thieves and robbers, who proceed to sit in prison for up to half a year, and, conniving feloniously, proceed to bring an oral accusation of theft and robbery against other people for their own gain, although at first in the interrogation and under torturings they did not speak against them about this: do not believe those oral accusations of theirs so that harassment and financial losses will not be inflicted on innocent people this way.
34. Concerning thieves and robbers whom it becomes necessary to punish with death: imprison them in a special hut for six weeks of penance, and when the specified days have expired for them: execute such thieves and robbers.
35. Concerning
people about whom it is testified in an investigation that they are felons,
thieves or robbers: arrest those people on the basis of the investigation, and
seal their houses and their movable properly and threshed grain in the houses.
Also inventory their standing grain and sown grain. Order the local and
neighboring people there to guard it under bonds until the case is resolved.
36. If they
find someone blameless in investigations: after the investigations give him on a
registered cash bond to those people who testified and found him blameless in
the investigation, so that in the future he will not steal, and will not rob,
and will not offer refuge at his house to felons, thieves and robbers, and will
not trade in movables acquired by thieves and robbers, and will not commit any
other felony.
37. Concerning an accused person who is put on a cash bond: and while on bail proceeds to commit any felony: arrest such a person, and compile for him the necessary decree accordingly. Exact from his guarantors the shares [to pay off the plaintiffs] because he committed a felony under their bond.
38. If an
informer accuses someone of robbery or theft in an interrogation and under
torture, and recognizes him in a visual confrontation; and he proceeds to
testify the same thing against him during the eye-to-eye [confrontation]; and
if that man is a vagrant and does not proceed to petition for an investigation,
but testifies that they know him nowhere: torture that person on the basis of
the informer’s denunciation.
39. If
felon-robbers, three or four men, or more, are arrested in a single robbery; and
under torturings they proceed to accuse distinguished people, dvoriane,
of deti boiarskie, or merchants who prior to this were never in an
arraignment, were not implicated in any felony, and were never under any
suspicion, and those accused people proceed to petition for an investigation,
that an investigation be conducted about them [to prove] that they have not
committed any felony, and were never implicated in any felony: in response to
their petition, conduct an investigation about such people.
40. If two or three robbers under torturings proceed to accuse people of being accessories in a robbery: torture those accessories on the basis of the informers’ accusations without an investigation. Compile for them the decree that is necessary.
41. Concerning people accused of robbery by informers under torture, but who do not testify under tortures against themselves, but in investigations many people call them felons: on the basis of the informers’ accusations and the bad character references given in the investigations, punish those people with death. Sell their movable property in shares [to satisfy plaintiffs’ claims].
42. Concerning
someone accused of a robbery by an informer, and in the investigation half of
the people call him a law-abiding person, and the other half call him a felon:
torture that man. If under torture he does not proceed to testify against
himself about the robbery: release that person on a cash bond to the people who
were interrogated who commended his character in the investigation. Because of
the informer’s denunciation, collect from him [the accused] a share [of the
compensation due the plaintiff].
43. Concerning
the person who is accused of a robbery by two of three informers, and while
being tortured he does not testify against himself, but proceeds to petition for
an investigation, and in the investigation [the people being interrogated]
testify about him that they do not know him: imprison him until the sovereign
[issues a] decree.
44. Concerning
people whom informers accuse of robbery in absentia, but proceed not to testify
against them [when they are in an] eye-to-eye [confrontation], and cannot
recognize them among many people; or, recognizing them, they proceed to retract
the accusation against them: torture those informers rigorously, [to learn]
whether it was by secret agreement that they did not recognize them or, having
recognized them, are [now] retracting the accusation.
45. If an informer denounces someone’s slaves or custodians for a robbery or a theft: and those people whose slaves and custodians the informer denounced testify that they have such slaves and custodians in their houses, but do not present them: collect the shares [to satisfy plaintiffs’ claims] from them for those slaves and custodians. Put them on solid written bonds with a deadline when they will present those slaves and custodians of theirs for a visual confrontation with the informers. When they present them, arrange an eye-to-eye confrontation of those slaves with the informers. Interrogate them and compile the decree that is necessary for each person accordingly.
46. If those
people whose slaves or custodians have been denounced by an informer testify
that they never had such slaves or custodians in their house; and they proceed
to petition for an investigation: investigate this matter [by asking] many
people [living] around their domicile whether or not they had such slaves or
custodians in their houses.
47. Concerning
dvoriane, and chancellery officials, and deti boiarskie, and their
slaves, or custodians, or peasants who are accused of robbery by informers: on
the basis of the informers’ accusations, arrest those dvoriane, and
chancellery officials, and deti boiarskie, and their slaves, and
custodians, and peasants. Having accordingly made an inventory of their houses
and movable property and grain in response to the informers’ accusations: seal
them. Also arrange an eye-to-eye confrontation of them with the informers
accordingly. Interrogate them and conduct a rigorous investigation using all
methods of inquiry.
48. Concerning dvoriane, and chancellery officials, and deti boiarskie who arraign their own slaves, or peasants, or custodians, and accuse them explicitly of robbery, or theft, or conspiracy, but informers have not testified against them: interrogate those slaves after arraignment. Torture them without conducting an investigation, and compile the decree that is necessary for each person.
49. Concerning
plaintiffs who [accuse] people by name in petitions of thefts and robberies in
which no one was apprehended red-handed with the goods, and there have been no
denunciations by informers and no claims of felonious character in an
investigation: send those petitioners to the Judicial Prikaz to which they are
subordinate.
50. If they arraign a person [caught] red-handed with stolen property; and they take the stolen property away from him with the cooperation of the bailiffs and witnesses, and that person fails to exonerate himself for having possession of that stolen property and he does not show that he obtained [it] legally: on the basis of the stolen property in his possession, torture that arraigned person and compile the decree that is necessary.
51. If felons
steal movable property from someone, or take [it] in a robbery: those people
[the victims] shall submit written declarations about that [stolen] movable
property of theirs in the chancelleries and to the governors and senior
officials of the felony control administration in the provincial towns. They
shall describe explicitly that movable property of theirs in the declarations.
52. If someone
buys a horse in Moscow, in the provincial towns, or in the provinces: the buyers
shall register those horses in the customs books by their color, and age, and
markings. If someone buying a horse does not register it in the books, and that
is established conclusively: collect from him a fine for evading customs for
that, according to the sovereign’s decree.
53. If someone [who is] in the sovereign’s service in the regiments buys a horse, a serviceman from another serviceman; and someone else claims that horse from him, and that person, from whom he purchased the horse, denies ever having the horse and testifies that he did not sell that horse to him: grant him [the buyer] a trial in that case against that seller. After trial and investigation compile for them the decree that is necessary. Do not give a verdict without trial against anyone in the matter of such horses which are purchased in the regiments because in the service servicemen [regularly] buy such horses without registering them.
54. Concerning
a person caught red-handed with stolen property whom plaintiffs arraign without
a bailiff; and that arraigned person, who was arraigned with that stolen
property, proceeds to petition that the plaintiffs illegally planted that stolen
property on him: investigate that matter rigorously by all methods of inquiry
[at the place] where they caught him red-handed with the stolen property:
compile the decree that is necessary for each person on the basis of what they
say in the investigation.
55. If they testify in the investigation that the plaintiffs illegally incriminated that arraigned man: inflict a severe punishment for that on those people who illegally incriminated him, beat them mercilessly with the knout in the presence of many people. Those people whom they illegally incriminated shall exact their dishonor compensation two-fold from them so that others looking on will learn not to do that.
56. If someone in a similar felonious plot deliberately plants something by stealth on someone; and it is accordingly established conclusively about that plant of his that he falsely planted [something] on someone out of a deliberate desire to ruin him: after investigation, inflict a severe punishment for such a felonious plant on those people who deliberately planted [something] on someone accordingly, beat them mercilessly with the knout in the presence of many people. Those people on whom they plant something shall exact their dishonor compensation two-fold from them so that others looking on will learn not to do that and so that no one will suffer deliberate expenses and losses at anyone’s hands in such cases.
57. Concerning the person who refuses to surrender stolen property in his possession to bailiffs and witnesses: or they take the stolen property from him, but he takes that stolen property back from them: conduct an investigation about that among the witnesses and people of the vicinity. If they also testify against him that he did not allow that stolen property to be removed from his house, or if he took back the stolen property: torture that person and compile the decree that is necessary.
58. Concerning the person who is arraigned for a robbery or a theft with stolen property, or after an informer’s denunciation, or after an investigation in which his good character was questioned; and he testifies against himself in the inquiry without being tortured: torture that person about other robberies and thefts and compile for him the decree that is necessary.
59. If a robbery is committed somewhere, and people of the vicinity hear the cry and the yell of the people being assaulted when the robbers are robbing them, and those people do not come running at the cry and the yell and do not rescue them, or after a robbery the people who have been robbed proceed to summon people to chase and track the robbers; and those people do not chase the robbers or track them; and plaintiffs proceed to sue them: conduct an investigation about that among the neighbors who did chase and track them at that time.
60. Concerning people whom robbers rob, or thieves steal from, and the plaintiffs, having assembled, follow the track of those robbers and thieves to a village, or to a hamlet; and those people to whom they are led by the track do not lead the track away from themselves: hold an investigation of that, and interrogate the people engaged in the chase. If in the investigations the people engaged in the chase testify against them that they did not lead the track away: on the basis of the investigation and the testimony of the people engaged in the chase, torture those people and compile for them the decree that is necessary.
61. Concerning people investigated in urban taxpaying districts in the provincial towns and in villages and hamlets in the provinces who testify in an investigation that there are no robbers and thieves among them: but subsequently thieves and robbers are discovered among them, and it is discovered that they concealed them in the investigations: compile a decree for those people who were interrogated for their he like that written about investigated people for perjured investigations in chapter [10] of the judicial process above.
62. If a felon, a thief,
or a robber is apprehended in Moscow in any hundred, or on any street: or in the
urban taxpaying districts in the provincial towns or in the villages and hamlets
in the provinces by people in the vicinity without [the assistance of] those
people among whom he lived: torture that felon [to find out] who knew him in
that place where he is apprehended.
63. Concerning
people [who provide] permanent havens and temporary shelters [to felons] whom
informers denounce under torturings: on the basis of the informers’
denunciations, arrest those people. After making an inventory of their movable
property, seal it. Arrange an eye-to-eye confrontation of those people with the
informers and interrogate them. Compile the same decree for them as for robbers.
64. Concerning
people whom informers under torturings proceed to denounce for storing movables
gained in robbery and theft; and they testify that they stored [movables] with
them which were gained in a robbery or theft or for cash; or the informers
proceed to denounce someone for selling movables obtained in robberies on the
basis of the informers’ denunciation, investigate those accused people. Having
investigated, arrange an eye-to-eye confrontation [of the accused] with the
informers and interrogate them. If they do not deny storing or selling the
movables acquired in robberies: torture them about storing and selling other
goods acquired in robberies.
65. If an
informer denounces some people under torturings and testifies that he sold him
movables acquired in a robbery for cash without a surety bond: collect the share
[due the plaintiff] from that person [according to the rule]: do not buy
[anything] without a surety bond.
66. Concerning informers who denounce someone’s slaves, and it becomes necessary to collect shares [due plaintiffs] from them: collect the shares for those slaves from those people whom they serve.
67. If such accused slaves die prior to the resolution of the case, and the case is resolved after their death, and it has become necessary to collect shares [due plaintiffs] from them: collect shares for those slaves who died prior to the resolution of a case from those people whom they served accordingly.
68. Concerning
slaves who have lived outside someone’s household, and while living there have
committed felonies: collect the shares [due plaintiffs] from those slaves living
outside the household themselves.
69.
Concerning a homicide [in which] one master’s slave kills [another] master’s
slave somewhere in the provincial towns, and in the urban taxpaying districts
and in the settlements, and in the provinces ‑‑ in rural districts, in villages
and in hamlets: torture that killer [to learn] in what manner the homicide
happened, whether it was intentional, or an act of drunkenness, and
unintentional.
70. If that person to whom they proceed to hand over the killer, in the stead of his killed slave, proceeds to testify that that killer is a felon, and that he is unable to take him into his household: he shall exact 50 rubles for his killed slave from that person whom the killer is serving.
71. If a syn boiarskii, or his son,
or kinsman, or steward kills someone’s peasant;
and that killer proceeds to testify about that homicide under torture that he
killed in a fight, unintentionally, or while drunk: take a wealthy peasant with
his wife and children (those children who are living together with him, and not
separately) with all his movable property from that syn boiarskii, from
his pomest’e, and give them as peasants to that pomeshchik whose peasant was
killed.
72. If someone kills someone with intent, and it is established about that conclusively that he killed with intent: punish such a killer with death.
73. If
someone’s peasant kills someone else’s peasant; and that killer testifies
against himself under torture that he killed him while drunk, and not with
intent: beat that killer with the knout and, putting him on a cash bond, give
him to that pomeshchik whose peasant was killed with [his] wife, and with [his]
children, and with [his] movable property, in the stead of that peasant who was
killed.
74.
Concerning the case in which robbers rob people, and the robbers are not found;
but the plaintiffs claim stolen property ‑‑ any kind of thing ‑‑ from those
robberies, and they write down large claims in petitions; and that person in
whose possession [the allegedly stolen property] is claimed proceeds under
torture to speak against someone that he purchased that stolen property from or
traded [it] with someone; and someone posts a surety bond on himself or on a
slave for that accused person [promising] that he will present that accused
person on a specified date for a visual confrontation with the informer, but
fails to present that person: exact all of the plaintiff’s claim from that
[person] in full, and put him on a written bond so that he will find that
accused person and present him for a visual confrontation with the informer.
75. If a plaintiff claims as his
own property stolen in a robbery [which is] in someone’s possession, a horse, or
anything else; and the robbers are not personally present; and that person from
whom [the property] is claimed proceeds to testify under interrogation against
someone that he purchased that stolen property from him, or exchanged it with
him; and at the visual confrontation that accused person denies it, [and]
testifies that he did not sell that stolen property to him, but the stolen
property was purchased, but it has not been registered in the books, and there
is no purchase document or surety bond: torture that person in whose possession
that stolen property was claimed.
76. Concerning people who in an
investigation are said by nearby neighbors to be felons, [are accused of] theft,
or of robbery, or of homicide, or of receiving and harboring robbers, or of
storing [stolen property], and of conspiracy; and those people whom the nearby
neighbors call felons in investigations petition the sovereign for a second
general investigation, and say about the first investigation that the nearby
neighbors called them felons out of enmity: do not torture such accused people
on the basis of the first investigation that indicated that they are felons,
but send out [officials] to conduct a second investigation about them.
77. Concerning people accused by
informers of robbery, and of thefts, and of harboring [felons], and of
participating with them in conspiracies, and of selling and storing goods
acquired in thefts and robberies, and of various robbery and theft felonies; and
those accused people are living on pomest’ia and on votchinas belonging to the
patriarch, and to metropolitans, and to archbishops, and bishops, and
monasteries, and boyars, and courtiers, and stol’niki, and
Moscow dvoriane, and state secretaries, and provincial dvoriane,
and deti boiarskie, and servicemen of all ranks; and, having learned of
the accusation, they flee because of that; and other people conceal the accused
people in their houses, and [later] send them away from their houses, and they
rescue others from the bailiffs: rigorously investigate that by [interrogating]
many neighbors and [obtaining] many declarations.
78. Concerning people who
shelter accused people from an informer’s denunciation, or send them away from
their houses: collect from those people the shares [due plaintiffs] and a fine
of 50 rubles for the sovereign.
79. If a pomeshchik, having
discovered robbers on his holding, beats his own slaves or peasants; and not
wishing to deliver them to the felony control administration for an
investigation, he conceals the felons on his property; and that is established
conclusively: confiscate the pomest’e from such a pomeshchik for such a felony
and hand it out in a distribution. Order the plaintiffs’ claims exacted from
them.
80. If someone’s slaves, or peasants, commit such a murderous deed without the knowledge of their masters: punish them themselves with death for such a deed, without any mercy.
81. Concerning people who rescue accused people from emissaries [of the court]: beat those people with the knout. Exact from them a fine of 50 rubles for the sovereign and the shares [due] plaintiffs. Put them on surety bonds [to] hunt down the accused people.
82. Concerning felons who steal
or rob, and having committed the felonies, flee from that felony control
administrative district to another felony control administrative district: the
senior officials of that felony control administrative district to which they
come to live shall interrogate them [about] where they formerly lived, and why
they departed to live in another felony control administrative district.
83. When they send out a bailiff
to arrest thieves and robbers: he shall arrest thieves and robbers without any
deception, and shall not favor anyone. Having arrested thieves and robbers, he
shall not release them and shall not take bribes from them.
84. Concerning the sworn
assistant of the felony control administration who releases a robber or thief,
or, having stolen the movable property [in the possession] of a robber or a
thief, flees: distribute the movable property of that sworn assistant in shares
[to satisfy] a plaintiff’s claim, half of what was sought in the suit. [If] his
property is insufficient [to satisfy] half the plaintiff’s claim, collect that
remaining part of the claim from those people who elected that sworn assistant
as one of the sworn assistants of the felony control administration.
85. If in response to a petition of a plaintiff or a defendant it becomes necessary to conduct a general investigation about a robbery or theft case: how to investigate that by means of a general Investigation is written in the statute above this in the chapter [10] about the judicial process.
86. If thieves are in the custody
of bailiffs at a bailiff’s house: that bailiff shall not put thieves on bond
without an order.
87. If someone learns that
someone has stolen property at home, and wishes to remove that stolen property:
he shall get a bailiff from the [Felony or the Moscow Administrative] Prikaz [to
go after] that stolen property. The bailiff shall take with him witnesses,
worthy people of the vicinity, who can be trusted and with those people he shall
remove the stolen property from the place where he is sent to find it. After
removing that stolen property he shall take it away to the [Felony or the Moscow
Administrative] Prikaz with those same people in whose presence he removed that
stolen property.
88. If someone kills a thief
caught red‑handed in his house: that very hour he shall exhibit that corpse to
the neighbors. Having exhibited it, he shall bring it for registration in the
[Felony or the Moscow Administrative] Prikaz.
89. If
someone steals harvested grain in the field, or hay, from someone, or proceeds
by stealth to harvest the grain, and cart that grain from the field to his
house; and after arresting him on the road with that stolen grain or hay, they
bring him to the [Felony or the Moscow Administrative] Prikaz; and it is
established about that conclusively that he stole the grain or hay: beat that
thief with the knout for that theft, and order that which was stolen, having
been exacted from him, returned to the plaintiff.
90. If someone
in a thievish manner catches fish from someone’s pond or nurse pond, and they
arrest that thief red‑handed; and about that it is justly established that he
stole for the first time: beat such [a person] with bastinadoes.
91. If
anything belonging to someone disappears at the time of a fire or any other
time; and subsequently he recognizes those lost items of his at someone’s house,
and he claims them: he shall sue that person from whom he is claiming [the
property] at trial, as for theft.
92. Concerning people who are sitting in prison because of plaintiffs’ suits; and the plaintiffs’ claims are being exacted from them [in the righter] while in prison; and the plaintiffs are not at the righter; and they have been sitting in prison for five years and more: place those people on written appearance bonds, so that when they are requested, the guarantors will present them. Do not exact [in the righter] the plaintiffs’ claims from them without [the presence of the] petitioners [who request that it be done].
93. Concerning people against whom informers proceed to testify under a first and second torturing; and after the third torturing it becomes necessary to execute those informers; and those informers, going to the execution, proceed to retract their denunciations against those people against whom they testified [earlier]: do not believe that retraction of theirs.
94. Prisons in Moscow shall be built by the Felony Prikaz at the expense of the sovereign’s treasury.
95. Taxpayers of the Moscow taxpaying hundreds and settlements shall serve as sworn assistants and guards at Moscow prisons on a salary. Annually collect the money for the salary for those sworn assistants and guards from those same hundreds and settlements. Hold elections for those posts among the taxpayers living in the hundreds, over their signatures.
96. Fill the ranks of the executioners in Moscow from the free people, and they shall serve as executioners under bond. Grant them the sovereign’s salary out of the sovereign’s treasury, from the Felony Prikaz.
97. Build
prisons in the provincial towns and elect sworn assistants, and scribes, and
prison guards, and executioners from the urban taxpaying districts and from the
taxpaying provinces, from the court villages, from the rural taxpaying
districts, and fro, the various rural taxpayers, and from the lands belonging to
the patriarch, and metropolitans, and archbishops, and bishops, and monasteries,
and from all pomest’e lands and votchina lands.
98. If an votchinnik or a pomeshchik has fewer than twenty peasants on the pomest’e or on the votchina: do not elect sworn assistants, and guards, and scribes for the felony control administration business from those pomest’ia and votchinas. Take the sworn assistants for felony control administration business from the large pomest’ia and votchinas.
99. Concerning plaintiffs who bring petitions to the Felony Prikaz against robbers; and in their petitions they write that robbers are confessing under torture to [having committed] homicide during a robbery at their houses; and subsequently, after a long time has passed, the plaintiffs bring loan notes on those people who were killed by the robbers to add to the case; and those people of theirs who were killed are written down in those notes as borrowers without guarantors, and there are no signatures of their borrowers on those loan notes; and others [other notes] have signatures of other people in their stead; and the year and date in those loan notes were written two, and three, and more years prior to the killing of such people: on the basis of those loan notes do not exact the debts from the accused people for the killed debtors because they are bringing those loan notes to the case after a very long time, and there is no reason to believe those loan notes.
100. If informers proceed to testify against people under interrogation prior to torture: but under the first, and second, and third tortures they retract [their denunciations] against them: believe that retraction.
101. Concerning robbers who, having dug their way
out of the prisons in the provincial towns, escape; and the prison sworn
assistants and guards proceed to testify under torturings about those escapees
that they fled from prison without their evil intents; and plaintiffs proceed to
petition against them for shares [to satisfy their claims], and that an order be
issued for them to exact [the sums due them] from those people who elected those
sworn assistants of the felony control administration and the guards: in
response to that petition exact the shares from the prison sworn assistants and
the guards themselves.
102. Concerning robbers who participated in robberies, and half of them are discovered; and the plaintiffs’ claims are exacted from them in full; and subsequently their accomplices are discovered; and they proceed to testify against someone [who participated] in those robberies and in the selling of items acquired in robberies, and there are no plaintiffs against them: on the basis of that informer’s denunciation exact for the sovereign’s treasury from the accused people money shares equal to the first shares taken from the accused people because there are no petitioners for those money shares.
103. Concerning the felon, thief,
or robber whom they arrest and bring for arraignment to the Felony Prikaz in
Moscow, or to the felony control administration headquarters in a provincial
town: and it becomes necessary to torture that felon; and that felon, trying to
avoid torture, announces that he knows of some serious matter concerning the
sovereign: do not believe him, and torture him for the robbery or the theft
promptly.
104. Concerning felons, thieves, or robbers, or
killers, who proceed to sit in prisons in the provincial towns for up to half a
year: the governors, and chancellery officials, and senior officials of the
felony control administration shall not discharge those felons from prison in
the provincial towns without the sovereign’s decree. They shall not take them
for themselves as slaves and peasants, and shall not give away such felons to
anyone else as slaves and peasants.
CHAPTER 22.
-- Decree. For Which
Offenses the Death Penalty Should Be Inflicted on Someone, and
for Which
Offenses the Penalty Should Not Be Death, But [Another] Punishment Should Be
Imposed.
In It Are 26 Articles.
1. If any son or daughter kills his father or mother: for patricide or matricide, punish them also with death, without the slightest mercy.
2. If any son or daughter kills his or her father or mother with some other people, and that is established conclusively: after investigation, also punish with death, without the slightest mercy, those who committed such a deed with them.
3.If a father or mother kills a son or daughter: imprison them for a year that. After having sat in prison for a year, they shall go to God’s church, and in God’s church they shall declare aloud that sin of theirs to all the people. Do not punish a father or mother with death for [killing] a son or daughter.
4. If someone, a son or a daughter, forgetting Christian law, proceeds to utter coarse speeches to a father or mother, or out of impudence strikes a father or mother, and the father or mother proceeds to petition against them for that: beat such forgetters of Christian law with the knout for the father and mother.
5. If any son or daughter plunder[s] a father’s or mother’s movable property by force; or not honoring the father and mother and [attempting] to drive them out, proceed[s] to denounce them for some evil deeds; or a son or daughter does not proceed to respect and feed a father and mother in their old age, does not proceed to support them materially in any way, and the father or mother proceed[s] to petition the sovereign against him or her about that: inflict a severe punishment on such children for such deeds of theirs, beat them mercilessly with the knout, and command them to attend to their father and mother in all obedience without any back-talk. Do not believe their denunciation.
6. If any son or daughter proceed[s] to petition for a trial against a father or mother: do not grant them a trial in any matter against a father or mother. Beat them with the knout for such a petition and return them to the father and mother.
7. If someone himself kills a brother or a sister, or someone else kills them at his command, and that is established conclusively: punish them all themselves with death as well for that.
8. If someone’s slave contemplates killing that person whom he serves; or, desiring to kill him, draws a weapon against him: cut off his hand for such an action.
9. If someone’s slave kills that person whom he serves: punish him himself with death as well, without the slightest mercy.
10. If someone, not fearing God and not fearing the sovereign’s disgrace and punishment, inflicts an atrocious torment on someone, cuts off a hand, or a foot, or a nose, or an ear, or cuts off [his] lips, or pokes out an eye, and that is established conclusively: inflict the same on him for such an atrocity. Moreover, that person on whom he committed such an atrocity shall collect [compensation] from his votchinas and his movable property: if he cut off a hand, 50 rubles for the hand; if he cut off a foot, also 50 rubles for the foot; and for a nose, and for an ear, and for lips, and for an eye, and accordingly for any injury, 50 rubles.
11. If such a perpetrator of atrocities, having invited, or having dragged by force, someone to his house, proceeds to beat him with a club, the knout, or a bastinado, and that is established conclusively at trial: inflict a severe punishment on such a perpetrator of atrocities for such a deed of his, order him beaten with the knout around the market places. Cast him in prison for a month. That [person] on whom he inflicted such [a torment] shall exact from him his dishonor compensation and maiming two-fold.
12. If
someone’s slave inflicts such an atrocity on someone: torture that slave [to
learn] at whose instruction he committed such an atrocity.
13. Concerning insurgents who instigate civil disorder among the people, and plot evil-doings against many people by their own felonious design: punish such insurgents with death for that felony of theirs.
14. If a wife kills her husband, or feeds him poison, and that is established conclusively: punish her for that, bury her alive in the ground and punish her with that punishment without any mercy, even if the children of the killed [husband], or any other close relatives of his, do not desire that she be executed. Do not show her the slightest mercy, and keep her in the ground until that time when she dies.
15.If a woman is sentenced to the death penalty and she is pregnant at that time: do not punish that woman with death until she gives birth, and execute her at the time when she has given birth. Until that time, keep her in prison, or in the custody of reliable bailiffs, so that she will not depart.
16. If someone with felonious intent comes into someone’s house, and desires to do something shameful to the mistress of that house, or desires to carry her away somewhere out of that house; and her slaves do not defend her against that felon, and proceed to assist those people who have come for her in the commission [of the crime]: and subsequently such a deed of theirs is discovered: punish with death all those felons who with such intent come into another’s house and those slaves who assist them in the commission of such a felony.
17. If
someone out of bravado, or drunkenness, or deliberate intent gallops on a horse
over someone’s wife, and knocks her down and tramples her with the horse, and
thereby dishonors her, or injures her with such a blow; and if a pregnant wife
delivers a still-born child because of that blow of his, but she herself lives,
and that is established conclusively at trial: inflict a severe punishment on
that person who commits such a deed, order him beaten with the knout
mercilessly. That wife shall exact from him the dishonor compensation and the
maiming fee two-fold. Cast him in prison for three months.
18. If such a homicide occurs without deliberate intent on someone’s part because the horse, frightened by something and having broken the bridle, bolted and he was unable to restrain it [the horse]: do not accuse that person of homicide and do not inflict a punishment on anyone for such a deed because such a case occurred without evil intent.
19. If someone kills someone else at someone’s instruction, and that is established conclusively: punish both, the person who instructed the homicide and [the person] who did the killing, with death.
20. If someone shoot[s] from a handgun or from a bow at a wild animal, or at a bird, or at a target; and the arrow or bullet goes astray and kills someone over a hill or beyond a fence; or if someone by any chance kills someone with a piece of wood, or a rock, or anything else in a non-deliberate act; and previously there was no enmity or other animosity between that person who killed and that [person] he killed; and it is established about that conclusively that such a homicide occurred without deliberation and without intent: do not punish anyone with death for such a homicide and do not incarcerate anyone in prison because that event occurred accidentally, without intent.
21. If someone’s slave kills someone or wounds someone while defending that person whom he serves: do not accuse that person’s slave of a crime, but interrogate that person whom he serves about that homicide.
22. If he [a slave] kills someone by his own intent, without the knowledge of that person whom he serves; and that person whom he serves, clearing himself and having apprehended the slave, brings him for arraignment to the [Felony or the Moscow Administrative] Prikaz, and himself informs [the officials] about that homicide: do not accuse that person to whom that slave belongs in that homicide case. Punish his slave who committed such a homicide with death.
23. If someone poisons someone with poison, and that person who was poisoned dies from that poison: torture rigorously that person who commits such an evil deed [to learn] whether he previously had committed such a deed against anyone else. Having tortured him, punish him with death.
24. If a
Muslim by any means whatsoever, by force or by deceit, compels a Russian [to
convert] to his Islamic faith; and he circumcises that Russian according to his
Islamic faith; and that is established conclusively: punish that Muslim after
investigation, burn him with fire without any mercy.
26. If a woman proceeds to live in fornication and vileness, and in fornication begets children with someone; and she herself, or someone else at her command, destroys those children; and that is established conclusively: punish with death without any mercy such lawless women and that person who destroyed her children at her order so that others looking on will not commit such a lawless and vile deed and will refrain from fornication.
CHAPTER 23. -- The Musketeers. In It Are 3 Articles.
1. Try musketeers and render justice among them in all cases except robbery and red-handed theft in the Musketeers Prikaz. The grounds for collecting fees from musketeers for their suits in judicial cases are written above this.
2. If a musketeer sues a non-musketeer for something
in another chancellery: he shall initiate that suit of his
against the non-musketeer in the other chancellery on
the basis of a signed petition from the Musketeers Prikaz. Do not grant
musketeers a trial in any chancellery against anyone for any reason without
signed petitions.
3. If a
musketeer proceeds to sue another musketeer for dishonor [to] him and his wife,
and he wins the case: on the basis of the judicial case, exact the money for the
dishonors to the musketeer and his wife from the losing litigant.
CHAPTER 24.-- Decree on Atamans and Cossacks. In It Are 3 Articles.
1. Concerning atamans and cossacks who proceed to sue someone, or enter a
defense against someone: compile the decree for them in judicial and in all
legal cases after trial, and according to the documents, and after
investigation, that is necessary.
2. The elders of the gunsmiths shall exact 5 rubles each for dishonors. Rank and file gunsmiths shall exact 4 rubles each for dishonors.
[Decree on Statutory Prices]
3. If the price of something is not written down in the pleas, insert the price for that
according to this decree:
CHAPTER 25. - Statute on Illicit Taverns. In It Are 21 Articles.
1. If illicit spirits
are removed from someone’s possession for the first time, or if someone distills
spirits for sale: for the first time, exact fines of 5 rubles each from those
[people], and from the imbibers .25 ruble per person.
2. If illicit retail spirits are found in someone’s possession along with imbibers a third time: collect fines of 20 rubles per person from those [people] and from the imbibers a ruble per person, and beat them with the knout. Moreover, imprison the sellers until the sovereign [issues] a decree.
3. Concerning people who
are arraigned [for having been] in illicit taverns, and testify under
interrogation that they purchased spirits from illicit tavern keepers; or having
purchased from them, they drank them in [their] homes, but the illicit tavern
keepers deny selling spirits: torture those buyers. If under torturings the
buyers do not retract their accusations, torture the illicit tavern keepers to
verify their accusations.
4. Concerning people who proceed to testify against someone for selling spirits, but subsequently retract their accusations against those people; and it is established about that conclusively that they accused such people of selling spirits as an act of deliberate slander: inflict punishment for the slander on those people who deliberately slander someone in such a case, beat them with the knout around the market places. Those people whom they slander deliberately shall exact their dishonor compensation from them two-fold.
5. If people proceed to accuse someone of selling spirits; and the seller denies [the accusation]; and they both proceed to resort to torture in the case: in that [case] torture the buyer first. If under torture the buyer does not retract the accusation: torture the seller to verify [the buyer’s testimony]. After the torture, compile the decree that is necessary.
6. If someone’s slaves,
or peasants, or custodians are brought in for arraignment with illicit spirits,
and under interrogation those people who have been arraigned testify that they,
having stolen from their masters, sold the spirits to someone: torture those
arraigned slaves about the sale of spirits [to learn] whether their masters knew
about it.
7. If people of various ranks are arraigned with spirits; and those people who have been arraigned testify under interrogation that boyars, or courtiers, or stol’niki, and striapchie, and Moscow dvoriane, and state secretaries, and chancellery officials, and deti boiarskie gave them such spirits gratis, as an act of friendship, or [as compensation] for some work; and those people about whom they testify that they had given [them] those spirits also proceed to say that they gave them the spirits to honor them, because they were acquaintances, or to artisans and forced laborers, in addition to the gift usually given in a transaction, to honor them a little more: free those people.
8. Concerning people who are ordered not to keep undeclared spirits in their houses, but who proceed to keep spirits at their houses without declaring them, and they [the authorities] remove those undeclared spirits from their houses: collect a fine from those people of 5 rubles per person, and confiscate the spirits for the sovereign.
9. Concerning people who
have been arraigned and under interrogation proceed to accuse someone of selling
spirits; but under torture they retract [their accusations] against them and
testify that they testified against them at the instruction of the confiscators
[of illicit spirits and tobacco]: torture those people.
10. Concerning people who have been arraigned in Moscow whom they proceed to send from the Musketeers Prikaz to the Spirits Prikaz, and musketeers have brought those people in for arraignment to the Musketeers Prikaz; and concerning those people whom deti boiarskie bring in for arraignment without spirits and tobacco to the Spirits Prikaz; and at the arraignment the deti boiarskie and musketeers testify that they arrested those people drunk; but those people drank in respectable houses; and others were drunk arrested near respectable houses; and the deti boiarskie testify about other arraigned people that various merchants and shopkeepers forcibly seized those drunks from them; and the people who were arraigned, in opposition to their testimony, proceed to deny everything, [and allege] that the deti boiarskie and musketeers are slandering them deliberately; and others testify that they drank while visiting their relatives or as guests of a friend, and not in places where illicit spirits are dispensed; and those people at whose houses they testify that they drank as guests, upon coming to the Spirits Prikaz, proceed to clear those people who have been arraigned; and they testify that they drank at their houses as guests, and not in places where illicit spirits are dispensed: conduct an investigation about all of those people who have been arraigned. After investigation, compile the decree, depending on the case, that is necessary.
11. In the past year
1633/34 by the decree of the great Sovereign, Tsar, and Grand Prince of all
Russia Mikhail Fedorovich of blessed memory, a strict prohibition on tobacco was
enacted in Moscow and in the provincial towns on pain of the death penalty, that
Russians and various foreigners were not to keep tobacco in their possession
anywhere, to sniff it, or to trade in tobacco.
12. If people are
arraigned with tobacco, and testify that they purchased that tobacco from
travelling Lithuanians for resale: torture those people [to discover] whether
they really purchased that tobacco from Lithuanians.
13. Concerning people who are arraigned with tobacco and testify under interrogation that they purchased that tobacco from someone among the Russians, or from foreigners, foreigners who are serving the sovereign: having found those people whom they proceed to accuse of selling that tobacco, interrogate [them] , and arrange an eye-to-eye confrontation. If it becomes necessary to use torture: torture them accordingly and compile the decree that is necessary.
14. If discharged
musketeers, or foreigners, or slaves, and peasants, and custodians, and various
wanderers are brought in for arraignment with tobacco; and under interrogation
those people who have been arraigned testify that they found that tobacco; of if
they [the authorities] remove tobacco from the houses of any people; and if
someone proceeds to inform [the authorities] that other [people] have tobacco;
and those people who have been denounced testify that they are not trading in
tobacco; and those people from whose houses tobacco is removed testify that that
tobacco is not theirs, but they do not know whose it is, [and allege] that
perhaps someone planted it on them out of enmity, or the confiscators planted it
on them: torture those people about the finding of tobacco accordingly.
15. Concerning any
merchants, and musketeers, and foreigners, and slaves, and people of various
ranks who are arraigned with tobacco; and they proceed to testify under
interrogation that the tobacco was planted on them by those people who brought
them in for arraignment with that tobacco: arrange an eye-to-eye confrontation
of them with those people who brought them in for arraignment and
interrogate-them.
16. If musketeers, and
wanderers, and various people are brought in for arraignment with tobacco twice,
or thrice: torture those people many times, beat them with the knout on the
rack, or around the market places.
17. If police officials and deti boiarskie arrest illicit tavern keepers and tobacco dealers; or they remove spirits or tobacco from people’s houses; and those people, where [the contraband] is seized, give the police officials and deti boiarskie a bribe of 5, or 10, or 20, or 30, or more rubles so that they will not bring them with the illicit and undeclared spirits and the tobacco into the Spirits Prikaz; and those police officials and deti boiarskie, having taken the bribes from them, bring them to the Spirits Prikaz and declare the bribes: do not take that bribe away from them.
18. Concerning police officials and deti boiarskie, who, having taken the bribe, release the illicit tavern keeper or the tobacco dealer, and do not bring them for arraignment to the Spirits Prikaz; and that becomes known in the Spirits Prikaz, and that is established conclusively: torture those [police] officials and deti boiarskie and inflict a punishment on them, beat them with the knout. Henceforth they shall not serve in the [Spirits] Prikaz.
19. Concerning various people who proceed forcibly to seize illicit tavern keepers, and tobacco dealers, and imbibers, from [police] officials and deti boiarskie: inflict a punishment on those who forcibly seize them, after interrogation and an investigation, beat them with the knout on the rack and around the market places. Beat the others with bastinadoes so that others looking on will learn not to do that.
20. The taxpayers of the
taxpaying hundreds and settlements annually shall elect among themselves
decurions who shall be responsible for the confiscation of illicit spirits.
Bring the signed election documents for those decurions to the Spirits Prikaz so
that those elected decurions of theirs will look out in their units of ten and
guard vigilantly that there be no illicit sale of any kind of drink, spirits,
and beer, and mead, and tobacco, and that there be no undeclared spirits and no
felonious conduct at anyone’s house.
21. In the provincial towns compile that same decree for illicit tavern keepers and tobacco dealers as is written above this.
Conclusion
This book [scroll] was written down at the order of the great Sovereign, Tsar, and Grand Prince. Autocrat of all Russia, Aleksei Mikhailovich, in the third year of his reign protected by God, and during the life of his royal, blessed son, Tsarevich and Grand Prince Dmitrii Alekseevich, in the first year of his life, January 29, 1649.
<<
ftn [FOOTNOTES]
[1] Takes a false oath (Matthew 5:114) [There is no "Matthew 5:114"; moreover, this phrase comes from the Stoglav (One Hundred Chapters), not the Bible – Translator].
[2] The following decrees explain inheritance in collateral lines:
January 15, 1562. Tsar and Grand Prince of All Rus' Ivan Vasil'evich [IV] and the boyars decreed . . . . . . . . . . . If a prince assigns his hereditary estate to his own natural brother, or to his cousin or to his nephew, the son of his own natural brother, or to any close relative of his besides those who may marry among themselves: the sovereign shall order a decree compiled for that person to whom any hereditary estate is assigned, depending on the hereditary estate and depending on the will and depending upon the service [of the parties];
October 9, 1572. According to the command of the Sovereign, Tsar, and Grand Prince, the Most Holy Antonii, Metropolitan of All Rus’, the archbishops, the bishops, and the entire Holy Assembly, and the boyars, Prince Ivan Fedorovich Mstislavskoi, and all the boyars have affirmed: . . . . . . . . . . . If any natural brother dies childless, and his natural brothers survive him: that hereditary estate [shall pass] to the natural brothers and children and grandchildren. If a son, or a grandson dies childless, give those portions to their natural brothers who survive, and to [their] uncles, nephews, and grandsons. Do not give hereditary estates to [members of] the clan further [removed] than grandchildren. If a grandson dies childless, and his brothers survive him as [other] grandsons: confiscate that allotment, that hereditary estate, for the sovereign, and do not pass a grandson's hereditary estate to [another] grandson.
[3] See such a charter granted on December 4, 1679, to Mikhail Gur'ev, member of the first merchant corporation, [Polnoe sobranie zakonov rossiiskoi imperii (Complete Collection of Laws of the Russian Empire), II, No. 782, pp. 221-24 [Translator.]
[4] See such a charter granted on May 8, 1654, to Boyarin Buturlin for the honorary position of court major domo on the road. [Polnoe sobranie zakonov rossiiskoi imperii (Complete Collection of Laws of the Russian Empire), I, No. 125, pp. 338-40. Translator.]
[5] An example of, the limited service slavery contract to explain limited service contract slavery is:
January 10, 1600. The public square scribes Semeika, son of Iakov Naumov, and Mikhalko, son of Afonasii Lyskov, brought to State Secretary Dmitrii Aliab'ev for registration a limited service slavery contract, and in the contract is written:
Be it known that I, Leontei, son of Aleksei, by birth a Latvian, have borrowed 4 Moscow rubles in cash from Tret'iak, son of Mikhail Nazimov, from January 10 until that same day a year hence.
I, Leva, shall serve my lord, Tret'iak, every day in the household for the interest.
When the money comes due on the date, I, Leva, shall serve my lord, Tret'iak, on the same basis every day in the household for the interest.
Mikhulka, son of Afonasii Lyskov, served as witness to that.
Semeika, son of Iakov Naumov, wrote the contract on January 10, 1600.
Levka is about 15 years old, has light brown hair, a swarthy face, and gray eyes.
In the interrogation he testified: heretofore he served no one, but lived in Vyborskii district. He does not remember his father and mother, was orphaned when he was small, and was born a Latvian. He came from Vyborskii district to Korela to beg for bread. In Korela he petitioned Tret'iak Nazimov to be [in his] service of his own free will.
The fees of 0.12 ruble for the contract have been collected from Tret'iak Nazimov.
The contract was given to Tret'iak, son of Mikhail Nazimov.
The contract scribe Semeiko Naumov affixed his signature to this contract note. The contract witness Mikhalko Lyskov affixed his signature.
[6] An example of a limited service slavery contract to explain the fact that slaves, after manumission from their former lords, could remain free, not entering private service again on the basis of contracts.
October 17, 1599. The public square scribes Zhdan, son of Ivan Pupynin, and Tret'iak Zakhar'ev brought a service contract for registration to State Secretary Dmitrii Aliab'ev, and in the contract is written:
Be it known that I, Kornil, son of Vasilii, called Sukhoi ["Dessicated"], a tailor, have borrowed 5 Moscow rubles in cash from Mikifor, son of Fedor Obukhov, from the day of the Holy Prophet Hosea [October 17] until that same day a year hence.
I, Kornil, shall serve my lord, Mikifor Obukhov, every day in the household for the interest.
When the money comes due on the date, I shall serve my lord, Mikifor, on the same basis every day in the household for the interest.
Tret'iak Zakhar'ev served as a witness to that.
Zhdanko, son of Ivan Pupynin, wrote the contract on October 17, 1599.
In stature Kornilko is not small, his hair is light brown, going gray, his eyes are gray, his face is wrinkled, he is about 70 years old.
Heretofore he served voluntarily with syn boiarskii Mikifor Rumiantsov of Shelonskaia district for about 5 years. After that [he served] in Votskaia district with Kuz'ma Vorkasov for about 10 years on the basis of a contract. When he [Vorkasov] died, they returned that contract to him. After Kuz'ma['s death] , he lived in Soltsy, in a wheelwrights' settlement, [where] he plied the trade of tailor. Now he has petitioned [to serve] Mikifor son of Fedor Obukhov.
The fees of 0.15 ruble for that limited service slavery contract have been collected from Mikifor son of Fedor Obhkhov for that limited service slavery contract.
The contract was given to Mikifor son of Fedor Obukhov,
The contract scribe Zhdanko affixed his signature to this note. The witness Tret'iachko affixed his signature.
[7] An example of a manumission document granted after a trial to show that limited service contract slaves on the death of the lords had to be freed by their heirs is:
On January 26, the slave of Petr Ansin, Nechaiko Trufanov, submitted a petition to Boyarin Prince VasiIii Ivanovich Shuiskii and the State Secretaries Dmitrii Aliab'ev and Vtoroi Pozdeev, and testified: he, Nechaiko, with [his] wife and with [his] children had served the scribe Petr Ansin during his lifetime on the basis of a limited service slavery contract with a report. Petr died prior to the year 1600, but Petr's wife Anna, after Petr's [death] would not give him, Nechaiko, anything to drink, she would not feed him, she would not clothe him, and would not give him any footwear. She starved them with hunger and would not manumit them.
Boyarin Prince Vasilii Ivanovich Shuiskii, and the State Secretaries Dmitrii Aliab'ev and Vtoroi Pozdeev ordered the bailiff Lev Tret'iakov to present that wife of Petr Ansin, the widow Anna, in front of them with Nechaiko for an eye-to-eye confrontation.
That very same day the bailiff Lev Tret'iakov told Boyarin Prince Vasilii Ivanovich Shuiskii, and the State Secretary Dmitrii Aliab'ev, and Vtoroi Pozdeev, that that wife of Petr Ansin, the widow Anna, was lying ill, and there is no one to write a manumission document in her place. She, Anna, had given Nechaiko and his wife a limited service slavery contract, over the signature of State Secretary Dmitrii Aliab'ev, instead of a manumission document.
In the contract is written: Be it known that I, Naum, called Nechai Trufanov, with my wife Anna, daughter of Tit, and with my young daughter, a widow, have borrowed 3 Moscow rubles in cash from the scribe of the Service Land Chancellery District Office, Petr, son of Ivan Ansin, from the day of our saintly father Xenofont [January 26] until that same day a year hence.
We shall serve our lord, Petr, every day in the household for the interest.
When the money comes due on the date, we shall serve our lord, Petr Ansin, on the same basis every day for the interest.
Gavrilo Artem'ev served as witness to that.
Kirilko, son of Ivan Trizlov, wrote the contract. January 26, 1598.
On the contract is the signature and the sealing signature of State Secretary Dmitrii Aliab'ev, and the signature of the witness Gavrilko.
Boyarin Prince Vasilii Ivanovich Shuiskii, and the State Secretaries Dmitrii Aliab'ev and Vtoroi Pozdeev, having heard the contract, ordered that limited service slavery contract, instead of a manumission document, registered in the books. Having registered [it], they ordered the contract returned to Nechaiko Trufanov. [Signed by] State Secretary Vtoroi Pozdeev.
At the command of Boyarin Prince Vasilii Ivanov[ich] Shuiskii and the State Secretaries Dmitrii Aliab'ev and Vtoroi Pozdeev, instead of a manumission document, the limited service slavery contract, having been registered in the books, was returned to Petr Ansin's slave Nechaiko Trufanov.
According to the sovereign's decree, fees of 0.09 ruble per head, or a total of 0.27 ruble, have been collected from Nechaiko, his wife, and his daughter.
Two examples of a limited service slavery contract to explain hereditary slavery are:
November 23, 1599. The public square scribes Tret'iachko Zakhar'ev and Grisha, son of Vasilii Ushakov, brought to State Secretary Dmitrii Aliab'ev a limited service slavery contract for registration, and in the contract is written:
Be it known that I, Omel'ian, son of Timofei, called Kubyshka, have borrowed 2 Moscow rubles in cash from Voin, son of Ivan Zavalishin, and from his son Gorchako, from the day of St. Amfilokhii, Bishop of Ikoniisk [November 23] until that same day a year hence.
I, Kubyshka, shall serve my lords, Voin and his son Gorchko, every day in the household for the interest.
When the money comes due on the date, I, Kubyshka, shall serve my lords, Voin and his son Gorchak, on the same basis every day in the household for the interest.
Grigorii son of Vasilii Ushakov, served as witness to that.
Tret'iachko Zakhar'ev wrote the contract on November 23, 1599.
Omel'ianko is about 15 years old, [his] hair is dark brown, [his] eyes are black, there is a scar on [his] forehead.
In the interrogation Omel'ianko testified: heretofore he had served with that Voin in hereditary slavery.
The fees of 0.06 ruble for the contract have been collected from Voin, son of Ivan Zavalishin, and his son Gorchak.
The contract was given to Voin, son of Ivan Zavalishin, and his son Gorchak.
The contract scribe Tret'iachko affixed his signature to this registration. The witness Grisha affixed his signature to this registration.
December 18, 1599. The public square scribes Mikhalko Vasil'ev and Grisha, son of Vasilii Ushakov, brought to State Secretary Dmitrii Aliab'ev a limited service slavery contract for registration. In the contract is written:
Be it known that I, Mikhalko, son of Gavril, have borrowed 2.00 Moscow rubles in cash from Ivan, son of Grigor'ii Erokhov, from the day of the Holy Martyr Sabastian [December 18] until that same day a year hence.
I, Mikhail, shall serve my lord, Ivan, every day in the household for the interest.
When the money comes due on the date, I, Mikhail, shall serve my lord, Ivan, on the same basis every day in the household for the interest.
Grisha, son of Vasilii Ushakov, served as witness to that.
Mikhalko Vasil'ev wrote the contract on December 18, 1599.
Mikhalko is of average stature, [has] a swarthy face, black hair, red [sic]-gray eyes, [is] about 25 years of age.
In the interrogation he testified that heretofore he had served no one [sic!]; his father, and mother, and he were the hereditary slaves of Ivan Erokhov. Having fled from Ivan, his father is living in Toropets district, and his mother died three years ago.
The fees of 0.06 ruble for the contract have been collected from Ivan, son of Grigorii Erokhov.
The contract was given to Ivan, son of Grigorii Erokhov.
The contract scribe Mikhalko Vasil'ev affixed his signature to this contract registration. The contract witness Grisha affixed his signature.
[9] An example of an emancipation by executors of a will:
March 27, 1600. The servitor Moseiko Dmitriev of the Savior Futyn' Monastery placed before State Secretary Dmitrii Aliabev a manumission document for registration.
A memorandum of the Father Superior Trifon of the Savior Futyn' Monastery is written in the manumission document: he has freed and blessed, by the command and by the oral and written memoranda of his spiritual son Semen Goriainov, known as a monk by the name of Sergei, his slave Mikhail, and his wife Natal'ia, and his daughter lrin'ia, [who are free to go] wherever they want to go in the realm of the Sovereign, Tsar, and Grand Prince, Autocrat of All Rus' Boris Fedorovich, [they are free to live] wherever he wants to live. Semen Goriainov, known as the monk Sergei, his clan, and tribe shall have no claim to that Mikhail, and his wife Natal'ia, and his daughter Irin'ia, and whatever children he may have in the future.
The servitor Moseets Dmitriev wrote the manumission memorandum at the command of our father, the Sovereign Father Superior Trifon of the Savior Futyn' Monastery.
On this manumission memorandum is the signature of our father, the Father Superior Trifon. March 26, 1600.
In the interrogation the servitor Moseiko Dmitriev, having been presented, testified: he, Father Superior Trifon, manumitted those documented slaves Mikhalka, [his] wife and daughter, who had belonged to Semen Goriainov, to go wherever they wanted, according to the oral and written memoranda of his spiritual son. He gave him [Mikhalka] the manumission document. Henceforth his, Semen's clan and tribe shall have no claim to those slaves, His, the Father Superior Trifon's, signature is on the manumission document.
According to the sovereign's decree, the fees for three people, 0.27 ruble, for that manumission document for the documented slave Mikhalko, for his wife Natal'itsa, and for his daughter Irin'itsa, have been collected.
The manumission document was given to Mikhalka Kuzmin.
[i] An amicable settlement note on fugitive peasants.
Be it known that I, Andrei, son of Vasilii Kabanov, a zhilets, was sued by Aleksei, son of Avram Meshcherinov, in the present year 1635 in the Moscow Judicial Chancellery before Boyarin Prince Dmitrii Mikhailovich Pozharskii and his colleagues for his fugitive hereditary peasants Yakunka Potapov and Aleshka Leont'ev and their wives and children and all their movable peasant property.
I, Andrei, having amicably negotiated [the case] with Aleksei Meshcherinov prior to the handing down of the decision in the court case and the sovereign's decree and the boyars' decision, agreed amicably in that case that I, Andrei, shall return to him, Aleksei Meshcherinov, his, Aleksei's, hereditary peasant lakupka Potapov and his son Sofronkc with their wives and with their children and their peasant movable property [including �their] horses, and with all [other] property, and with all [their] peasant tools, with [their] grain, both threshed and in the ground, rye and spring grain, which has been sowed up to the present year 1635. I, Andrei, shall return that peasant lakupka Potapov and his son, with [their] wives, and with [their] children, and with all their peasant movable property to him, Aleksei Meshcherinov, on the date July 14 of the present year 1635, to the pomest’e of Vasilii Tiapkin, the small village Ilkino, in Rostov province. I, Andrei, shall give to him, Aleksei, the rye and spring grain that is in the ground when it ripens. I. Andrei, shall harvest that grain with my own peasants, and he, lakupka, shall be here also.
When I, Andrei, give back that peasant and his son with their wives and with [their] children and with their peasant movable property to him, Aleksei, on that date, he, Aleksei, shall order a receipt given for that peasant and the movable property.
If I, Andrei, do not give back that peasant lakupka Potapov, with his son, and with [their] wives, and with [their] children, and with all their movable peasant property to him, Aleksei, on that date which is written in this note, he, Aleksei, shall collect from me, Andrei, on the basis of this note, for each person [a sum prescribed] according to the sovereign's decree; or if I, Andrei, do not give back on that date the peasant movable property, horses and various livestock, and the various peasant household tools, or the threshed grain on that date which is written in this note, or if I do not harvest the grain in the ground, rye and spring grain, or if, having harvested it, I do not give it back to him, Aleksei: he, Aleksei, according to this note shall collect from me, Andrei, 100 rubles cash on the basis of this note.
I, Andrei, shall pay all the sovereign's judicial fees for both trials in full. This was witnessed by lurii's locksmiths, Boris Fedotov and Mina Panfil'ev. Agofonka Patrekeev wrote this note in the year 1635.
On the back of the original note is written: Andrei Kabanov affixed his signature to this note; the witness Yakushka affixed his signature, and the witness Borisko affixed his signature, and the witness Minka affixed his signature.
Table: [Work in Progress]
Ulozhenie =
Key historical terms,
organized by taxonomic category [ID]
Column A (taxonomic categories) =
1.00 = Mentalities
2.00 = Institutions
2.10 = Church
2.20 = The state
2.30 = Business organizations
3.00 = Social structure
4.00 = Economy
5.00 = Places, geography
A |
English Entry |
Russian Entry |
Etc |
1.00 | Will, free will | ||
2.10 | Cathedral | sobor (CF: Assembly….) | |
2.10 | Hegumen | Monastic Superior, father-superior, prior, archpriest | |
2.10 | Metropolitan | ||
2.10 | Monastery | ||
2.10 | Patriarch [85x] | ||
2.20 | Assembly of the Land | >osviashchennyi Sobor |
(3x in preamble, 1x in 17.42) |
2.20 | Assembly of the Land |
> |
(CF: cathedral) |
2.20 | State | >gosudarstvo | |
2.20 | royal (adjective) | >gosudarev | (CF: sovereign) |
2.20 | sovereign (adjective) | >gosudarev | (CF: royal) |
2.20 | sovereign (noun) | >gosudar’ | |
2.20 | Tsar ... | ||
2.20 | Civil | >Zemskii | Everything beyond direct purview of tsarist "state" |
2.21 | Judge | ||
2.22 | Service in general | >sluzhba | |
2.22 | Servicemen | >sluzhilye liudi | [F/sluzh] |
2.22 | military personnel | >ratnye liudi | |
2.23 | Prikaz, prikaz | Prikaz, >prikaz | Chancellery, chancellery |
2.23 | Prikaz, Foreign Affairs | Prikaz, >Foreign Affairs | |
2.23 | Prikaz, Monastery | Prikaz, >Monastery | |
2.23 | Prikaz, Pomest’e | Prikaz, >Pomest’e | Chancellery, Land Chancellery |
2.23 | Governor [70x] | >voevoda | [96x mentioned in RUS] ??edit= governor bcm voevoda |
2.23 | Official | ||
2.23 | Courtier [60x] | >okol’nichi [60x] | Closest advisers to tsar, around throne, at the court |
2.23 | Stol'nik | >stol’nik | State servitor, especially near throne |
2.23 | Striapchii | >striapchii | State servitor [F/striap] |
2.24 | Musketeer | >strelets, plural streltsy | |
2.24 | Secretary | ||
2.25 | Petition ... | ||
2.25 | Cadastres (census) | >pistsy, pistsovye knigi | |
2.25 | Spirits | ||
2.30 | Corporation | ||
2.30 | Tavern | ||
2.30 | Tax ... | ||
2.30 | Torture | ||
2.30 | Treason | ||
2.30 | tribute | iasak, iasach…. >yasak | ?? edit = tribute bcm yasak) |
3.00 | Free ... | ||
3.00 | Rank | >chin | [>qin here for easy search] |
3.30 | Child | ||
3.30 | Elders | ||
3.30 | Wife | Many more family terms | |
3.31 | Priest | ||
3.32 | Boyar | >boyar | Old Aristocratic warrior (increasingly courtier) elite |
3.32 | Deti boiarskie [137x] | >deti boiarskie [137x] | Boyar infantry| NB! sp. [low ranking aristocratic elite] ??edit |
3.32 | Dvorianin [147x] | >dvorianin [147x] | Aristocrat [listed 83x w/deti boiarskie] |
3.32 | Dvoriane | >dvoriane | |
3.32 | Votchinnik | >votchinnik | Hereditary estate holder [F/votchinn] |
3.32 | Pomeshchik | >pomeshchik | estate holder, as result & for duration of crown service |
3.32 | Syn boiarskii [13x] | >syn boiarskii [13x] | Boyar sons| NB! sp. [middle ranking aristocratic elite] |
3.33 | Merchant |
|
CF= sotnya sotnia | gostinnaia sotnia | chernaia sotnia |
3.33 | Townspeople |
|
|
3.33 | Tradesman | CF= gost' abv | |
3.35 | Peasant | Serfdom | |
3.35 | Slave | Serfdom | |
3.35 | Zhilets,zhiltsy,zhil’tsy | >zhilets,zhiltsy,zhil’tsy | Resident, renter| CF= starozhil |
3.35 | Starozhil’tsy | >starozhil’tsy | longtime, long-time & long-term resident |
3.40 | Cossack | ||
3.50 | House | ||
3.60 | Flight | Serfdom | |
3.60 | Fugitive | Serfdom | |
3.60 | Surety | ||
4.00 | Business | ||
4.00 | Buying | ||
4.00 | Confiscate | ||
4.00 | Pomest’e or pomest’ia | >pomest’e or pomest’ia | [ID#1 (Ulj) | ID#2 (SAC)] |
4.00 | Pomest’e (noun or adj) | >pomest’e (noun or adj) | estate granted as result & for duration of state service |
4.00 | Pomest’ia (noun) | >pomest’ia (noun) | estates granted as result & for duration of state service |
4.00 | Votchina (noun or adj) | >votchina (noun or adj) | [ID#1 (Ulj) | ID#2 (SAC)] |
4.00 | Votchina, clan | >rodovaia votchina | Hereditary landed estate (no service requirement) CF=blw |
4.00 | Votchina, purchased | >kuplenaia votchina | |
4.00 | Votchina, service | >vysluzhenaia votchina | estate gained by service but now heriditary |
4.00 | Grain | ||
4.00 | Labor | ||
4.00 | Land ... | ||
4.00 | Market | ||
4.00 | Owner | ||
4.00 | Possession | ||
4.00 | Property | ||
4.00 | rent-yielding |
> |
quit-rent ??edt= obrok |
4.00 | Sell ... | ||
5.00 | Novgorod | ||
5.00 | Town ... | ||
5.00 | Village |