Anthony of Padua is both a Franciscan Parish and an Elementary School (K3-6). Since 1951, our school has provided high-quality Catholic education that inspires students to think creatively, critically and morally to serve God and His people. With the grace of God, our parish family has grown to more than 1,300 members.
Rus' Justice | |
---|---|
First page of the oldest surviving copy of Rus' Justice (Extensive edition)[1] from Synodic Kormchaia of 1282 (Novgorod)
|
|
Created | from the beginning of the 11th century |
Author(s) | prince`s administration. |
Purpose | guidance for the princely court. |
Rus' Justice (Rus' Justice or Rusâ Law;[2][3]Old East Slavic: ÐÑавда ÑоÑÑÑÑкаê, Pravda RusÄskaya (13th century, 1280),[4][5] ÐÑавда Ð ÑÑÑкаÑ, Pravda Rus'kaya (second half of the 15th century);[6][7]Russian: Ð ÑÑÑÐºÐ°Ñ Ð¿Ñавда, Russkaya Pravda; Ukrainian: Ð ÑÑÑка ÐÑавда, Rus'ka Pravda) was the legal code of Kievan Rus' and the subsequent Rus' principalities during the times of feudal division. It was written at the beginning of the 12th century and remade during many centuries. The basis of the Russkaya Pravda, Pravda of Yaroslav was written at the beginning of the 11th century. Russkaya Pravda was a main source of Old Russian Law.[8][9]
In spite of great influence of Byzantine legislation on the contemporary world, and in spite of great cultural and commercial ties between Byzantium and Kievan Rus', Rus' Justice bore no similarity whatsoever to that of the Byzantine Empire. The absence of capital and corporal punishment rather reflects the Norse way of thought.[10][11]
- 4Excerpts
Editions[edit]
Copy of the 'Extensive edition'.[12] Beginning manuscript: 'СÐУÐЪ êÐ ÐÑÐ»Ð°Ð²Ð»Ñ â§ Ð²Ð¾Ð»Ð¾Ð´Ð¸Ð¼Ð¸ÑиÑаââ ÐÑавда ÑоÑÑÑÑкаê :' (SudÅ JaroslavlÄ Volodimirica. Pravda RusÄskaja.)
Three recensions of Russkaya Pravda are known: the Short Edition (Kratkaya), the Extensive Edition (Prostrannaya), and the Abridged Edition (Sokrashchyonnaya). Over 110 extant copies dating from the 13th to the 18th centuries are preserved, included in various manuscripts: chronicles and compilations. Of these, over 100 copies, including the oldest preserved, are of the Extensive Edition.
This code was discovered by the historian Vasily Tatischev in the text of one of the Novgorod chronicles and brought to the attention of the Russian Academy of Sciences in 1738. The first commented edition of the text was published by August Ludwig von Schlözer in 1767.
Genesis and evolution[edit]
Pravda Rus'skayaâs legal regulations reflected the evolution of the social relations in the Rus' of the 11th-13th centuries. Common law, Knyaz legislation, and legal proceedings represented the basis of âRPâ.
The Short Edition of Rus' Justice contains two apparently distinct parts, called by researchers Pravda Yaroslava (Yaroslavâs Law, ca. 1017), otherwise known as Drevneyshaya Pravda (the Oldest Justice) of Yaroslav the Wise, and Pravda Yaroslavichey (The Law by Yaroslavâs sons, ca. 1054). Some indicate other distinct components of the text, possibly added later.
The Yaroslavâs Law comprised legal regulations of feudal law along with the archaic regulations that could be traced back to the primitive communal system. According to a popular theory, it was promulgated in order to settle a conflict between Konstantin Dobrynich, a posadnik of Novgorod, and the Varangian population of the city.
Subsequent development and improvement of the Rus' Justice took place in times of Yaroslav's sons and his grandson Vladimir Monomakh. New provisions are believed to have been added to Pravda Rus'skaya after the revolts in Kiev, Novgorod, and Rostov-Suzdal province in 1068â1071.
In the arising Russian state, the Pravda Rus'skaya was replaced in 1497 by the Sudebnik, the Code of Law. Several centuries earlier, new legal codes were promulgated in Pskov and Novgorod.
Institutions[edit]
âPravda Yaroslavicheyâ increased responsibility of a given community for killing knyazâes soldiers, tiuns (âtiunâ, a privileged servant of knyazs or boyars), starostas (âstarostaâ, a representative from the low-ranking administration of a knyaz), otroks (âotrokâ, a low-ranking soldier in the army of a knyaz) and other servants on their own territory. âPravda Yaroslavicheyâ provided severe punishment for arson, deliberate cattle mutilation, and collective encroachment on rich people's property. After the 1113 Riot in Kiev, an exorbitant interest law was introduced that limited financial operations of moneylenders.
Administering justice in Kievan Rus by Ivan Bilibin
âRPâ stabilized the system of feudal relations and social inequality. During 11th-13th centuries âRPâ served the strengthening of feudal dependency of smerds (âsmerdâ â a feudal-dependent peasant), zakups (âzakupâ - a feudal-dependent peasant, who could become free after paying off his âzakupâ, a feudal loan), kholops (âkholopâ â a feudal-dependent peasant, who could be killed or sold like a slave) etc. The Vast Edition of âRPâ contains special regulations with regards to the status of zakups and kholops. âRPâ also reflects the role of the court of knyazâ, a trend towards increasing differentiation of punishments and penalties, larger fines for the benefit of knyazâ or his administration with correspondingly decreasing compensation to the victims.
In an attempt to abolish blood feud (that was quite common at that time), âRPâ narrowed its âusageâ and limited the number of avengers to the closest relatives of the dead. If there were no avengers on the victim's side, the killer had to pay a fine (called âvyraâ) in favour of the knyazâ and partial compensation to the relatives of the victim (the killer's community had to help him pay his fine). If a woman were killed, one would have to pay half of the regular fine (called âpoluvirâyeâ, half of âvyraâ).
âRPâ also defended the health and honour of the free members of the feudal society and had provisions about financial compensations for mutilation or an insult by word or deed. âRPâ had a detailed system of punishments and penalties for larceny in a city or countryside, deliberate damage to forests, hunting grounds or lands, trespassing etc. It also regulated debt relations between individuals and contained articles of liability and hereditary law. Under âRPâ, legal proceedings included use of witnesses, use of oaths and use of âordaliyâ (lat. ordalium, or âordealâ in English), a kind of a last-resort test used to prove defendant's innocence or guilt. The search for culprits included listening to witnesses, collecting evidence, or hot pursuit. Investigators had to check for false accusations, as well. These were the first steps towards forensic science.
Excerpts[edit]
From the Extensive Edition[edit]
(based on a 15th-century Troitzky manuscript)[citation needed]
1. If a man kills a man: then a brother avenges a brother, or a son avenges a father, or a cousin, or a nephew; if no one takes revenge, then 80 grivnas for the murdered, if he is a knyazâs man or knyaz's official; if he is a rusin, or a grid' (a lower-ranking druzhinnik), or a merchant, or a boyarâs official, or a mechnik (swordsman), or an exile, or a slovenin (Novgorodian), then 40 grivnas for the murdered.
1. УбÑÐµÑ Ð¼Ñж мÑжа, Ñо мÑÑÐ¸Ñ Ð±ÑÐ°Ñ Ð·Ð° бÑаÑа, или ÑÑн за оÑÑа, или двоÑÑоднÑй бÑаÑ, или племÑнник; еÑли не бÑÐ´ÐµÑ Ð½Ð¸ÐºÑо мÑÑиÑÑ, Ñо 80 гÑивен за ÑбиÑого, еÑли бÑÐ´ÐµÑ ÐºÐ½ÑжеÑкий мÑж или кнÑжеÑкий ÑпÑавиÑелÑ; еÑли бÑÐ´ÐµÑ ÑÑÑин, или гÑидÑ, или кÑпеÑ, или боÑÑÑкий ÑпÑавиÑелÑ, или меÑник, или изгой, или Ñловенин, Ñо 40 гÑивен за ÑбиÑого.
2. After Yaroslavâs death there was another meeting between his sons Izyaslav, Svyatoslav and Vsevolod, and their men Kosnyachko, Pereneg, Nikofor, and they changed the blood revenge for a fine; and the rest of his sons asserted as Yaroslav judged.
On murder...
3. If anyone murders a man in a rampage, and the villain is not being sought, then the community where the victim's head lies pays a vyra (fee to the knyaz) of 80 grivnas; or be he a commoner, then 40 grivnas (note: this was a fortune; a horse cost two grivnas, and a serf 1/2 grivna).
4. Whichever community pays the common vyra (i.e. the fee for the murderer they're hiding or cannot find), several years they shall have to pay that, as the members are paying without the murderer. But if the murderer is known to the community, they shall help him with the payments; but only pay up to 40 grivnas, and the murderer pays the rest, and also contributes to his community's 40 grivnas. Or if he murdered by accident, or at a feast, he shall pay thus.
Thus shall be on the guilt of rampage.
5. If there be a murder and robbery with no reason, then people shall not pay for the murderer, but give him up with his wife and children, and his property will be plundered.
6. If a person does not contribute to the vyra, then the people shall not help him (in the future); he shall pay for himself.
7. And such is the law for Yaroslav's vyra collector: the vyra collector takes 7 buckets of hops per week, also sheep or a meat carcass or 2 nogata (1 nogata = 1/20th of grivna); and on a Wednesday cheese and a marten pelt; and the same on Friday; and give him two chickens per day; and seven breads per week; and seven measures of grain; and seven measures of peas; and seven measures of salt; this for a vyra collector with a man; and for him 4 horses, which be given a measure of oats; for vyra collector 8 grivnas and 10 kunas in fees, and for the pageboy 12 squirrel pelts; and a grivna when he goes away, and for each victim 3 grivnas.
(...)
Of knyaz's man
9. If he be a boy, a stableboy, or a cook, then 40 grivnas
10. And for a caretaker, or a horse trainer, 80 grivnas
11. But for a village supervisor, or the field work supervisor, 12 grivnas. And for a serf, 5 grivnas. Same for boyar's.
12. And for a tradesman and a tradeswoman, 12 grivnas.
13. And for a serf, 5 grvinas; for serf woman, 6 grivnas.
14. And for a teacher, 12, same for a nanny, whether they be serfs or women.
(...)
17. And if one is accused of murder, but there are no acceptable witnesses, there shall be trial by iron. Thus shall be done for all grievances or thievery, if the accuser cannot provide proof, and the grievance is for less than half of gold grivna, then give him a trial by iron in captivity; if the grievance is for less than that, but more than two silver grivnas, then trial by water; if it is even less, then he must make an oath.
(...)
The Law of Vladimir I of Kiev
48. Volodimer Vsevolodich, upon Svyatopolkâs death, gathered his druzhina at Berestov: Ratibor of Kiev the general; Prokopiy of Belgorod the general; Stanislav of Pereyaslavl the general; Nazhir; Miroslav; Ivanok son of Chudin boyar of Oleg; and they set thus: to collect interest only until the third payment, if the lender takes the payments âin threesâ (three payments of one half the debt each); if one takes from the debtor two shares, he can ask for the full debt then; but if he collected three shares, then will not ask for the full sum.
49. And if one takes from the debtor 10 marten pelts per year on each grivna (20% APR), that is allowed.
(...)
If a debtor escapes
52. If a debtor escapes from master, then a serf; but if he goes to search for money with his master's permission, or goes to the knyaz with a complaint against his master, then wonât be made a serf, but be given a trial.
(...)
On debtors
57. If a debtor steals something, the master is in his right; when the debtor is caught the master may reimburse the victim for his horse or whatever else, and makes the debtor his serf; or if the master does not want to reimburse, then he may sell his debtor into serfdom, and reimburse the victim from that, and keep the rest.
(...)
On witnesses
59. A serf may not be a witness; but if there are no free witnesses, then a serf caretaker may bear witness, but any others may not. And for minor cases a debtor may be a witness.
(...)
65. If one violates land borders, or works somebody else's land, or puts a fence on somebody else's land, then heâll pay 12 grivnas to the knyaz.
69. And if he steels bees, then 3 grivnas to the knyaz; and for the honey, if the beehive was full, 10 marten pelts to the victim; but if an empty hive then 5 marten pelts.
On serfs
71. If a serf tortures a serf without orders from the knyaz, then pays 3 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering.
72. But if he tortures a knyaz's man, then 12 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering.
(...)
On barns
79. If a barn is burned, then the victim's house and property is plundered, after the damage is repaid, and for the rest heâll be a serf to the knyaz; same for burning of houses.
80. And if one intentionally cuts a horse or other cattle, then heâll pay 12 grivnas to the knyaz, and also repay the victim for the damages.
(...)
If a serf dies
85. If a serf dies, then his property goes to the knyaz; if he has unmarried daughters then some of the property will be given to them for dowry; if all his daughters are married they donât get it.
On deaths of boyars or druzhina
86. If a boyar or a druzhina member dies, then his property does not go to the knyaz; and if he had no sons, then the inheritance goes to his daughters.
(...)
On serfdom
102. There are three types of serfdom: one buys a serf for up to half a grivna before witnesses, and gives a nogata to the judge before the serf.
103. A second serfdom: if one marries a serf woman without her master's agreement; if he marries with agreement, then whatever they decide with the master, thus he shall be.
104. And this is the third serfdom: if one acts as someone's official or servant without the master's knowledge; if there is an agreement, then whatever they decide, thus he shall be. If he takes the master's tasks, he's his servant.
105. But for a debt of grain, one will not become a serf; but if he does not work it off in time, then he must repay it at once; but if he repays in full before the due date, he's free.
See also[edit]
Notes[edit]
- ^Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 3: Facsimile of the texts. - 1963. (Russian: ÐÑавда Ð ÑÑÑÐºÐ°Ñ / Ðод обÑ. Ñед. акад. Ð.Ð. ÐÑекова. - Ð.; Ð.: Ðзд-во ÐРСССР. Т. III: ФакÑимилÑное воÑпÑоизведение ÑекÑÑов. - 1963).
- ^'Yaroslav I'. The New Encyclopædia Britannica. 12 (15th ed.). 2003. p. 823. ISBN9780852299616.
Under Yaroslav the codification of legal customs and princely enactments was begun, and this work served as the basis for a law code called the Russkaya Pravda (âRussian Justiceâ).
- ^Yaroslav Padokh (1993). 'Ruskaia Pravda'. Encyclopedia of Ukraine. Retrieved 5 March 2016.
-
^Ð. Ð. ÐамÑаÑнов. Ð¥ÑеÑÑомаÑÐ¸Ñ Ð¿Ð¾ иÑÑоÑии ÑÑÑÑкого лиÑеÑаÑÑÑного ÑзÑка (ÐамÑÑники X - XIV веков по ÑÑкопиÑÑм X - XVII веков). ÐоÑква, 2009 год.
- Ð ÑÑÑÐºÐ°Ñ Ð¿Ñавда дÑевнейÑей ÐÑоÑÑÑанной ÑедакÑии по ÑпиÑÐºÑ Ð¸Ð· пеÑгаменной ÑÑкопиÑи 1280 года [XIII век] ÐовгоÑодÑкой, или ÐлименÑовÑкой, ÐоÑмÑей, Ñ ÑанÑÑемÑÑÑ Ð² ÐÐÐ (Син. â 132).
- ФоÑÐ¼Ð°Ñ â in folio, поÑеÑк â ÑÑÑав, ÑекÑÑ â в два ÑÑолбÑа.
- ÐпиÑание: Св. к.-1, â 183.
- ÐзданиÑ: ÐаÑÑкий Ð. Ф. Ð ÑÑÑÐºÐ°Ñ Ð¿Ñавда. ФоÑоÑипиÑ. изд. Ð., 1930; ÐÑавда Ð ÑÑÑкаÑ. I. ТекÑÑÑ. Ðод. Ñед. Ð. Ð. ÐÑекова. Ð.; Ð., 1940.
- ФÑагменÑÑ ÑекÑÑа пÑÐ¸Ð²ÐµÐ´ÐµÐ½Ñ Ð¿Ð¾ ÑÑкопиÑи, ваÑианÑÑ â по изданиÑм.
- (л. 615 в) «СÐУÐЪ êÐ ÐÑÐ»Ð°Ð²Ð»Ñ â§ Ð²Ð¾Ð»Ð¾Ð´Ð¸Ð¼Ð¸ÑиÑаââ ÐÑавда ÑоÑÑÑÑкаê â§Â»
-
^Ð. Ð. Ðимин. ÐÑавда ÑÑÑÑкаÑ. ÐоногÑаÑиÑ. ÐоÑква, 'ÐÑевлеÑ
ÑанилиÑе', 1999 год.
- ÐÑиложениÑ. ÐеÑеÑÐµÐ½Ñ ÑпиÑков ÐÑÐ°Ð²Ð´Ñ Ð ÑÑÑкой: ÐÑоÑÑÑÐ°Ð½Ð½Ð°Ñ ÐÑавда,
- 1(8). С â СинодалÑнÑй I ÑпиÑок. 80-е Ð³Ð¾Ð´Ñ XIII века. â ÐÐÐ. Синод. â 132.
- ^By Troitzky manuscript (second half of the 15th century): «СÑд ЯÑоÑлава ÐладимеÑиÑÑ, ÐÑавда Ð ÑÑÑкаÑ»
- ^Ð ÑÑÑка ÐÑавда. ТекÑÑи на оÑÐ½Ð¾Ð²Ñ 7 ÑпиÑкÑв Ñа 5 ÑедакÑÑй. Склав Ñа пÑдгоÑÑвав до дÑÑÐºÑ Ð¿ÑоÑ. С. ЮÑков. ÐидавниÑÑво УкÑаÑнÑÑÐºÐ¾Ñ ÐкадемÑÑ ÐаÑк. ÐиÑв, 1935
- ^Yushkov, Serafim. Course of the History of State and Law of the USSR. - Moscow: Yurizdat (Juridical Publisher), 1949. - Vol. 1: Social and Political System and Law of Kievan State. - 542 p. (Russian: ЮÑков С.Ð. ÐÑÑÑ Ð¸ÑÑоÑии гоÑÑдаÑÑÑва и пÑава СССР. â Ð.: ЮÑиздаÑ, 1949. â Т. I: ÐбÑеÑÑвенно-полиÑиÑеÑкий ÑÑÑой и пÑаво ÐиевÑкого гоÑÑдаÑÑÑва. â 542 Ñ..
- ^Zimin, Aleksandr. Pravda Russkaya. - Moscow: Drevlekhranilische ('Archive'), 1999. â 421 p. (Russian: Ðимин Ð.Ð. ÐÑавда Ð ÑÑÑкаÑ. â Ð.: ÐÑÐµÐ²Ð»ÐµÑ ÑанилиÑе, 1999. â 421 Ñ.).
- ^W.E.D. Allen. The Ukraine: A History. p. 16.
- ^Ekaterina Brancato. Markets versus Hierarchies: A Political Economy of Russia from the 10th Century to 2008. p. 66.
- ^Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 3: Facsimile of the texts. - 1963. (Russian: ÐÑавда Ð ÑÑÑÐºÐ°Ñ / Ðод обÑ. Ñед. акад. Ð.Ð. ÐÑекова. - Ð.; Ð.: Ðзд-во ÐРСССР. Т. III: ФакÑимилÑное воÑпÑоизведение ÑекÑÑов. - 1963).
Some editions[edit]
- English translation of Short Russkaya Pravda by Daniel H. Kaiser: Source: The Laws of Rus' - Tenth to Fifteenth Centuries, tr., ed. Daniel H. Kaiser (Salt Lake City: Charles Schlacks Publisher, 1992), 15-19.
- English translation of Vast Russkaya Pravda by Daniel H. Kaiser: Source: The Laws of Rus' - Tenth to Fifteenth Centuries, tr., ed. Daniel H. Kaiser (Salt Lake City: Charles Schlacks Publisher, 1992), 20-34.
- Main edition: Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 1: Texts. - 1940. Vol. 2: Commentaries. - 1947. Vol. 3: Facsimile of the texts. - 1963. (Russian: ÐÑавда Ð ÑÑÑÐºÐ°Ñ / Ðод обÑ. Ñед. акад. Ð.Ð. ÐÑекова. - Ð.; Ð.: Ðзд-во ÐРСССР. - Т. I: ТекÑÑÑ. - 1940; Т. II: ÐомменÑаÑии. - 1947; Т. III: ФакÑимилÑное воÑпÑоизведение ÑекÑÑов. - 1963).
- Memorials of Russian Law / ed. by Serafim Yushkov. Issue 1: Memorials of Law of Kievan State of the 10th-12th centuries / Aleksandr Zimin. - Moscow: Gosyurizdat (State Juridical Publisher), 1952. - 287 p. (Russian: ÐамÑÑники ÑÑÑÑкого пÑава / Ðод Ñед. С.Ð. ЮÑкова. â Ð.: ÐоÑÑÑиздаÑ, 1952. â ÐÑп. I: ÐамÑÑники пÑава ÐиевÑкого гоÑÑдаÑÑÑва XâXII вв. / СоÑÑ. Ð.Ð. Ðимин. â 287 Ñ.).
Some references[edit]
- â¹See Tfdâº(in Russian)Mikhail Tikhomirov, 'A study of Russkaya Pravda'
- Leonid Biletsky, The Ruska Pravda and its textual History, Edited by George D. Knysh University of Manitoba, Winnipeg - 1993
- â¹See Tfdâº(in Russian)History of legal literature of Russia (full text and notes in Russian)
- Padokh, Yaroslav. Ruskaia Pravda.Encyclopedia of Ukraine. Vol. 4. 1993.
Retrieved from 'https://en.wikipedia.org/w/index.php?title=Russkaya_Pravda&oldid=884437229'
Rus' Justice | |
---|---|
First page of the oldest surviving copy of Rus' Justice (Extensive edition)[1] from Synodic Kormchaia of 1282 (Novgorod)
|
|
Created | from the beginning of the 11th century |
Author(s) | prince`s administration. |
Purpose | guidance for the princely court. |
Rus' Justice (Rus' Justice or Rusâ Law;[2][3]Old East Slavic: ÐÑавда ÑоÑÑÑÑкаê, Pravda RusÄskaya (13th century, 1280),[4][5] ÐÑавда Ð ÑÑÑкаÑ, Pravda Rus'kaya (second half of the 15th century);[6][7]Russian: Ð ÑÑÑÐºÐ°Ñ Ð¿Ñавда, Russkaya Pravda; Ukrainian: Ð ÑÑÑка ÐÑавда, Rus'ka Pravda) was the legal code of Kievan Rus' and the subsequent Rus' principalities during the times of feudal division. It was written at the beginning of the 12th century and remade during many centuries. The basis of the Russkaya Pravda, Pravda of Yaroslav was written at the beginning of the 11th century. Russkaya Pravda was a main source of Old Russian Law.[8][9]
In spite of great influence of Byzantine legislation on the contemporary world, and in spite of great cultural and commercial ties between Byzantium and Kievan Rus', Rus' Justice bore no similarity whatsoever to that of the Byzantine Empire. The absence of capital and corporal punishment rather reflects the Norse way of thought.[10][11]
- 4Excerpts
Editions[edit]
Copy of the 'Extensive edition'.[12] Beginning manuscript: 'СÐУÐЪ êÐ ÐÑÐ»Ð°Ð²Ð»Ñ â§ Ð²Ð¾Ð»Ð¾Ð´Ð¸Ð¼Ð¸ÑиÑаââ ÐÑавда ÑоÑÑÑÑкаê :' (SudÅ JaroslavlÄ Volodimirica. Pravda RusÄskaja.)
Three recensions of Russkaya Pravda are known: the Short Edition (Kratkaya), the Extensive Edition (Prostrannaya), and the Abridged Edition (Sokrashchyonnaya). Over 110 extant copies dating from the 13th to the 18th centuries are preserved, included in various manuscripts: chronicles and compilations. Of these, over 100 copies, including the oldest preserved, are of the Extensive Edition.
This code was discovered by the historian Vasily Tatischev in the text of one of the Novgorod chronicles and brought to the attention of the Russian Academy of Sciences in 1738. The first commented edition of the text was published by August Ludwig von Schlözer in 1767.
Genesis and evolution[edit]
Pravda Rus'skayaâs legal regulations reflected the evolution of the social relations in the Rus' of the 11th-13th centuries. Common law, Knyaz legislation, and legal proceedings represented the basis of âRPâ.
The Short Edition of Rus' Justice contains two apparently distinct parts, called by researchers Pravda Yaroslava (Yaroslavâs Law, ca. 1017), otherwise known as Drevneyshaya Pravda (the Oldest Justice) of Yaroslav the Wise, and Pravda Yaroslavichey (The Law by Yaroslavâs sons, ca. 1054). Some indicate other distinct components of the text, possibly added later.
The Yaroslavâs Law comprised legal regulations of feudal law along with the archaic regulations that could be traced back to the primitive communal system. According to a popular theory, it was promulgated in order to settle a conflict between Konstantin Dobrynich, a posadnik of Novgorod, and the Varangian population of the city.
Subsequent development and improvement of the Rus' Justice took place in times of Yaroslav's sons and his grandson Vladimir Monomakh. New provisions are believed to have been added to Pravda Rus'skaya after the revolts in Kiev, Novgorod, and Rostov-Suzdal province in 1068â1071.
In the arising Russian state, the Pravda Rus'skaya was replaced in 1497 by the Sudebnik, the Code of Law. Several centuries earlier, new legal codes were promulgated in Pskov and Novgorod.
Institutions[edit]
âPravda Yaroslavicheyâ increased responsibility of a given community for killing knyazâes soldiers, tiuns (âtiunâ, a privileged servant of knyazs or boyars), starostas (âstarostaâ, a representative from the low-ranking administration of a knyaz), otroks (âotrokâ, a low-ranking soldier in the army of a knyaz) and other servants on their own territory. âPravda Yaroslavicheyâ provided severe punishment for arson, deliberate cattle mutilation, and collective encroachment on rich people's property. After the 1113 Riot in Kiev, an exorbitant interest law was introduced that limited financial operations of moneylenders.
Administering justice in Kievan Rus by Ivan Bilibin
âRPâ stabilized the system of feudal relations and social inequality. During 11th-13th centuries âRPâ served the strengthening of feudal dependency of smerds (âsmerdâ â a feudal-dependent peasant), zakups (âzakupâ - a feudal-dependent peasant, who could become free after paying off his âzakupâ, a feudal loan), kholops (âkholopâ â a feudal-dependent peasant, who could be killed or sold like a slave) etc. The Vast Edition of âRPâ contains special regulations with regards to the status of zakups and kholops. âRPâ also reflects the role of the court of knyazâ, a trend towards increasing differentiation of punishments and penalties, larger fines for the benefit of knyazâ or his administration with correspondingly decreasing compensation to the victims.
In an attempt to abolish blood feud (that was quite common at that time), âRPâ narrowed its âusageâ and limited the number of avengers to the closest relatives of the dead. If there were no avengers on the victim's side, the killer had to pay a fine (called âvyraâ) in favour of the knyazâ and partial compensation to the relatives of the victim (the killer's community had to help him pay his fine). If a woman were killed, one would have to pay half of the regular fine (called âpoluvirâyeâ, half of âvyraâ).
âRPâ also defended the health and honour of the free members of the feudal society and had provisions about financial compensations for mutilation or an insult by word or deed. âRPâ had a detailed system of punishments and penalties for larceny in a city or countryside, deliberate damage to forests, hunting grounds or lands, trespassing etc. It also regulated debt relations between individuals and contained articles of liability and hereditary law. Under âRPâ, legal proceedings included use of witnesses, use of oaths and use of âordaliyâ (lat. ordalium, or âordealâ in English), a kind of a last-resort test used to prove defendant's innocence or guilt. The search for culprits included listening to witnesses, collecting evidence, or hot pursuit. Investigators had to check for false accusations, as well. These were the first steps towards forensic science.
Excerpts[edit]
From the Extensive Edition[edit]
(based on a 15th-century Troitzky manuscript)[citation needed]
1. If a man kills a man: then a brother avenges a brother, or a son avenges a father, or a cousin, or a nephew; if no one takes revenge, then 80 grivnas for the murdered, if he is a knyazâs man or knyaz's official; if he is a rusin, or a grid' (a lower-ranking druzhinnik), or a merchant, or a boyarâs official, or a mechnik (swordsman), or an exile, or a slovenin (Novgorodian), then 40 grivnas for the murdered.
1. УбÑÐµÑ Ð¼Ñж мÑжа, Ñо мÑÑÐ¸Ñ Ð±ÑÐ°Ñ Ð·Ð° бÑаÑа, или ÑÑн за оÑÑа, или двоÑÑоднÑй бÑаÑ, или племÑнник; еÑли не бÑÐ´ÐµÑ Ð½Ð¸ÐºÑо мÑÑиÑÑ, Ñо 80 гÑивен за ÑбиÑого, еÑли бÑÐ´ÐµÑ ÐºÐ½ÑжеÑкий мÑж или кнÑжеÑкий ÑпÑавиÑелÑ; еÑли бÑÐ´ÐµÑ ÑÑÑин, или гÑидÑ, или кÑпеÑ, или боÑÑÑкий ÑпÑавиÑелÑ, или меÑник, или изгой, или Ñловенин, Ñо 40 гÑивен за ÑбиÑого.
2. After Yaroslavâs death there was another meeting between his sons Izyaslav, Svyatoslav and Vsevolod, and their men Kosnyachko, Pereneg, Nikofor, and they changed the blood revenge for a fine; and the rest of his sons asserted as Yaroslav judged.
On murder...
3. If anyone murders a man in a rampage, and the villain is not being sought, then the community where the victim's head lies pays a vyra (fee to the knyaz) of 80 grivnas; or be he a commoner, then 40 grivnas (note: this was a fortune; a horse cost two grivnas, and a serf 1/2 grivna).
4. Whichever community pays the common vyra (i.e. the fee for the murderer they're hiding or cannot find), several years they shall have to pay that, as the members are paying without the murderer. But if the murderer is known to the community, they shall help him with the payments; but only pay up to 40 grivnas, and the murderer pays the rest, and also contributes to his community's 40 grivnas. Or if he murdered by accident, or at a feast, he shall pay thus.
Thus shall be on the guilt of rampage.
5. If there be a murder and robbery with no reason, then people shall not pay for the murderer, but give him up with his wife and children, and his property will be plundered.
6. If a person does not contribute to the vyra, then the people shall not help him (in the future); he shall pay for himself.
7. And such is the law for Yaroslav's vyra collector: the vyra collector takes 7 buckets of hops per week, also sheep or a meat carcass or 2 nogata (1 nogata = 1/20th of grivna); and on a Wednesday cheese and a marten pelt; and the same on Friday; and give him two chickens per day; and seven breads per week; and seven measures of grain; and seven measures of peas; and seven measures of salt; this for a vyra collector with a man; and for him 4 horses, which be given a measure of oats; for vyra collector 8 grivnas and 10 kunas in fees, and for the pageboy 12 squirrel pelts; and a grivna when he goes away, and for each victim 3 grivnas.
(...)
Of knyaz's man
9. If he be a boy, a stableboy, or a cook, then 40 grivnas
10. And for a caretaker, or a horse trainer, 80 grivnas
11. But for a village supervisor, or the field work supervisor, 12 grivnas. And for a serf, 5 grivnas. Same for boyar's.
12. And for a tradesman and a tradeswoman, 12 grivnas.
13. And for a serf, 5 grvinas; for serf woman, 6 grivnas.
14. And for a teacher, 12, same for a nanny, whether they be serfs or women.
(...)
17. And if one is accused of murder, but there are no acceptable witnesses, there shall be trial by iron. Thus shall be done for all grievances or thievery, if the accuser cannot provide proof, and the grievance is for less than half of gold grivna, then give him a trial by iron in captivity; if the grievance is for less than that, but more than two silver grivnas, then trial by water; if it is even less, then he must make an oath.
(...)
The Law of Vladimir I of Kiev
48. Volodimer Vsevolodich, upon Svyatopolkâs death, gathered his druzhina at Berestov: Ratibor of Kiev the general; Prokopiy of Belgorod the general; Stanislav of Pereyaslavl the general; Nazhir; Miroslav; Ivanok son of Chudin boyar of Oleg; and they set thus: to collect interest only until the third payment, if the lender takes the payments âin threesâ (three payments of one half the debt each); if one takes from the debtor two shares, he can ask for the full debt then; but if he collected three shares, then will not ask for the full sum.
49. And if one takes from the debtor 10 marten pelts per year on each grivna (20% APR), that is allowed.
![Muyckaja prada 6 el Muyckaja prada 6 el](https://i.ytimg.com/vi/VV-oITFWY4w/maxresdefault.jpg)
(...)
If a debtor escapes
52. If a debtor escapes from master, then a serf; but if he goes to search for money with his master's permission, or goes to the knyaz with a complaint against his master, then wonât be made a serf, but be given a trial.
(...)
On debtors
57. If a debtor steals something, the master is in his right; when the debtor is caught the master may reimburse the victim for his horse or whatever else, and makes the debtor his serf; or if the master does not want to reimburse, then he may sell his debtor into serfdom, and reimburse the victim from that, and keep the rest.
(...)
On witnesses
59. A serf may not be a witness; but if there are no free witnesses, then a serf caretaker may bear witness, but any others may not. And for minor cases a debtor may be a witness.
(...)
65. If one violates land borders, or works somebody else's land, or puts a fence on somebody else's land, then heâll pay 12 grivnas to the knyaz.
69. And if he steels bees, then 3 grivnas to the knyaz; and for the honey, if the beehive was full, 10 marten pelts to the victim; but if an empty hive then 5 marten pelts.
On serfs
71. If a serf tortures a serf without orders from the knyaz, then pays 3 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering.
72. But if he tortures a knyaz's man, then 12 grivnas to the knyaz, and 1 marten pelt to the victim for his suffering.
(...)
On barns
79. If a barn is burned, then the victim's house and property is plundered, after the damage is repaid, and for the rest heâll be a serf to the knyaz; same for burning of houses.
80. And if one intentionally cuts a horse or other cattle, then heâll pay 12 grivnas to the knyaz, and also repay the victim for the damages.
(...)
If a serf dies
85. If a serf dies, then his property goes to the knyaz; if he has unmarried daughters then some of the property will be given to them for dowry; if all his daughters are married they donât get it.
On deaths of boyars or druzhina
86. If a boyar or a druzhina member dies, then his property does not go to the knyaz; and if he had no sons, then the inheritance goes to his daughters.
(...)
On serfdom
102. There are three types of serfdom: one buys a serf for up to half a grivna before witnesses, and gives a nogata to the judge before the serf.
103. A second serfdom: if one marries a serf woman without her master's agreement; if he marries with agreement, then whatever they decide with the master, thus he shall be.
104. And this is the third serfdom: if one acts as someone's official or servant without the master's knowledge; if there is an agreement, then whatever they decide, thus he shall be. If he takes the master's tasks, he's his servant.
105. But for a debt of grain, one will not become a serf; but if he does not work it off in time, then he must repay it at once; but if he repays in full before the due date, he's free.
See also[edit]
Notes[edit]
- ^Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 3: Facsimile of the texts. - 1963. (Russian: ÐÑавда Ð ÑÑÑÐºÐ°Ñ / Ðод обÑ. Ñед. акад. Ð.Ð. ÐÑекова. - Ð.; Ð.: Ðзд-во ÐРСССР. Т. III: ФакÑимилÑное воÑпÑоизведение ÑекÑÑов. - 1963).
- ^'Yaroslav I'. The New Encyclopædia Britannica. 12 (15th ed.). 2003. p. 823. ISBN9780852299616.
Under Yaroslav the codification of legal customs and princely enactments was begun, and this work served as the basis for a law code called the Russkaya Pravda (âRussian Justiceâ).
- ^Yaroslav Padokh (1993). 'Ruskaia Pravda'. Encyclopedia of Ukraine. Retrieved 5 March 2016.
-
^Ð. Ð. ÐамÑаÑнов. Ð¥ÑеÑÑомаÑÐ¸Ñ Ð¿Ð¾ иÑÑоÑии ÑÑÑÑкого лиÑеÑаÑÑÑного ÑзÑка (ÐамÑÑники X - XIV веков по ÑÑкопиÑÑм X - XVII веков). ÐоÑква, 2009 год.
- Ð ÑÑÑÐºÐ°Ñ Ð¿Ñавда дÑевнейÑей ÐÑоÑÑÑанной ÑедакÑии по ÑпиÑÐºÑ Ð¸Ð· пеÑгаменной ÑÑкопиÑи 1280 года [XIII век] ÐовгоÑодÑкой, или ÐлименÑовÑкой, ÐоÑмÑей, Ñ ÑанÑÑемÑÑÑ Ð² ÐÐÐ (Син. â 132).
- ФоÑÐ¼Ð°Ñ â in folio, поÑеÑк â ÑÑÑав, ÑекÑÑ â в два ÑÑолбÑа.
- ÐпиÑание: Св. к.-1, â 183.
- ÐзданиÑ: ÐаÑÑкий Ð. Ф. Ð ÑÑÑÐºÐ°Ñ Ð¿Ñавда. ФоÑоÑипиÑ. изд. Ð., 1930; ÐÑавда Ð ÑÑÑкаÑ. I. ТекÑÑÑ. Ðод. Ñед. Ð. Ð. ÐÑекова. Ð.; Ð., 1940.
- ФÑагменÑÑ ÑекÑÑа пÑÐ¸Ð²ÐµÐ´ÐµÐ½Ñ Ð¿Ð¾ ÑÑкопиÑи, ваÑианÑÑ â по изданиÑм.
- (л. 615 в) «СÐУÐЪ êÐ ÐÑÐ»Ð°Ð²Ð»Ñ â§ Ð²Ð¾Ð»Ð¾Ð´Ð¸Ð¼Ð¸ÑиÑаââ ÐÑавда ÑоÑÑÑÑкаê â§Â»
-
^Ð. Ð. Ðимин. ÐÑавда ÑÑÑÑкаÑ. ÐоногÑаÑиÑ. ÐоÑква, 'ÐÑевлеÑ
ÑанилиÑе', 1999 год.
- ÐÑиложениÑ. ÐеÑеÑÐµÐ½Ñ ÑпиÑков ÐÑÐ°Ð²Ð´Ñ Ð ÑÑÑкой: ÐÑоÑÑÑÐ°Ð½Ð½Ð°Ñ ÐÑавда,
- 1(8). С â СинодалÑнÑй I ÑпиÑок. 80-е Ð³Ð¾Ð´Ñ XIII века. â ÐÐÐ. Синод. â 132.
- ^By Troitzky manuscript (second half of the 15th century): «СÑд ЯÑоÑлава ÐладимеÑиÑÑ, ÐÑавда Ð ÑÑÑкаÑ»
- ^Ð ÑÑÑка ÐÑавда. ТекÑÑи на оÑÐ½Ð¾Ð²Ñ 7 ÑпиÑкÑв Ñа 5 ÑедакÑÑй. Склав Ñа пÑдгоÑÑвав до дÑÑÐºÑ Ð¿ÑоÑ. С. ЮÑков. ÐидавниÑÑво УкÑаÑнÑÑÐºÐ¾Ñ ÐкадемÑÑ ÐаÑк. ÐиÑв, 1935
- ^Yushkov, Serafim. Course of the History of State and Law of the USSR. - Moscow: Yurizdat (Juridical Publisher), 1949. - Vol. 1: Social and Political System and Law of Kievan State. - 542 p. (Russian: ЮÑков С.Ð. ÐÑÑÑ Ð¸ÑÑоÑии гоÑÑдаÑÑÑва и пÑава СССР. â Ð.: ЮÑиздаÑ, 1949. â Т. I: ÐбÑеÑÑвенно-полиÑиÑеÑкий ÑÑÑой и пÑаво ÐиевÑкого гоÑÑдаÑÑÑва. â 542 Ñ..
- ^Zimin, Aleksandr. Pravda Russkaya. - Moscow: Drevlekhranilische ('Archive'), 1999. â 421 p. (Russian: Ðимин Ð.Ð. ÐÑавда Ð ÑÑÑкаÑ. â Ð.: ÐÑÐµÐ²Ð»ÐµÑ ÑанилиÑе, 1999. â 421 Ñ.).
- ^W.E.D. Allen. The Ukraine: A History. p. 16.
- ^Ekaterina Brancato. Markets versus Hierarchies: A Political Economy of Russia from the 10th Century to 2008. p. 66.
- ^Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 3: Facsimile of the texts. - 1963. (Russian: ÐÑавда Ð ÑÑÑÐºÐ°Ñ / Ðод обÑ. Ñед. акад. Ð.Ð. ÐÑекова. - Ð.; Ð.: Ðзд-во ÐРСССР. Т. III: ФакÑимилÑное воÑпÑоизведение ÑекÑÑов. - 1963).
Some editions[edit]
- English translation of Short Russkaya Pravda by Daniel H. Kaiser: Source: The Laws of Rus' - Tenth to Fifteenth Centuries, tr., ed. Daniel H. Kaiser (Salt Lake City: Charles Schlacks Publisher, 1992), 15-19.
- English translation of Vast Russkaya Pravda by Daniel H. Kaiser: Source: The Laws of Rus' - Tenth to Fifteenth Centuries, tr., ed. Daniel H. Kaiser (Salt Lake City: Charles Schlacks Publisher, 1992), 20-34.
- Main edition: Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 1: Texts. - 1940. Vol. 2: Commentaries. - 1947. Vol. 3: Facsimile of the texts. - 1963. (Russian: ÐÑавда Ð ÑÑÑÐºÐ°Ñ / Ðод обÑ. Ñед. акад. Ð.Ð. ÐÑекова. - Ð.; Ð.: Ðзд-во ÐРСССР. - Т. I: ТекÑÑÑ. - 1940; Т. II: ÐомменÑаÑии. - 1947; Т. III: ФакÑимилÑное воÑпÑоизведение ÑекÑÑов. - 1963).
- Memorials of Russian Law / ed. by Serafim Yushkov. Issue 1: Memorials of Law of Kievan State of the 10th-12th centuries / Aleksandr Zimin. - Moscow: Gosyurizdat (State Juridical Publisher), 1952. - 287 p. (Russian: ÐамÑÑники ÑÑÑÑкого пÑава / Ðод Ñед. С.Ð. ЮÑкова. â Ð.: ÐоÑÑÑиздаÑ, 1952. â ÐÑп. I: ÐамÑÑники пÑава ÐиевÑкого гоÑÑдаÑÑÑва XâXII вв. / СоÑÑ. Ð.Ð. Ðимин. â 287 Ñ.).
Some references[edit]
- â¹See Tfdâº(in Russian)Mikhail Tikhomirov, 'A study of Russkaya Pravda'
- Leonid Biletsky, The Ruska Pravda and its textual History, Edited by George D. Knysh University of Manitoba, Winnipeg - 1993
- â¹See Tfdâº(in Russian)History of legal literature of Russia (full text and notes in Russian)
- Padokh, Yaroslav. Ruskaia Pravda.Encyclopedia of Ukraine. Vol. 4. 1993.
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