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 okol'nichie 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 okol'nichie and counselors. The boyars, and okol'nichie 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 okol'nichii, or counselor, or state secretary, or any other judge, in response to bribes of the plaintiff of 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 okol'nichii, 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.

Interrogate them and conduct a rigorous investigation about the bribe by all methods of inquiry: did that person against whom the petition about bribe-taking was filed actually take the bribe? If he did take it, did he take it at the command of the judge? If it is established conclusively that he took the bribe at the order of the judge, and the judicial case was resolved unjustly, in response to the bribe: compile a decree for the judge for that as is written above about that.

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 okol'nichii, 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.

When a scribe has written a final record of the proceedings in the case from that transcript, the state secretary, having compared that record with the prior transcript, shall affix his signature. The scribe shall retain in his possession the prior transcript with the plaintiff's and the defendant's signatures in case of dispute in the future.

When the judicial case has been resolved: glue that transcript with the plaintiff's and the defendant's signatures [on the scroll] under the court record copy [for reference] in case of dispute in the future.

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.

Punish the scribe, cut off his hand.

Order the case written down as the plaintiff and the defendant testified at trial. Resolve that case according to the trial as is necessary.

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.

In addition to that, inflict punishment on the state secretary and scribe, beat them with the knout, discharge them from their post[s], and henceforth they shall have no [government employment] in any legal matter.

14. If any petitioner proceeds to petition against anyone without [stating] a case; and the boyars, and okol’nichie, 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 okol'nichii, or state secretary, or scribe, and it is established about that conclusively that he lied: for dishonoring the boyars, and okol'nichie, 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 okol'nichie, 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.

Without [first] petitioning in a chancellery, no one shall submit petitions to the sovereign about any cases. If someone proceeds to petition about some case, and submits petitions to the sovereign, without having [first] petitioned in a chancellery: punish such petitioners for that, beat [them] with bastinadoes. If [the petitioner] is too high-ranking [to be bastinadoed], imprison that person for a week so that others looking on will learn not to do that.

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.

Order the scribe, having written down the court record according to the testimony of the plaintiff and defendant, to place it promptly on the table for a decision. He shall not put away for a long time any court records.

Concerning those cases which can be resolved on the basis of nearby evidence, and documents, and oaths agreed upon by both litigants: resolve such cases without any delay.

Concerning those cases which have to be sent to the provincial towns for [further] investigation: send the sovereign's charters accordingly to the governors and chancellery officials in such matters promptly without any delay. Order an investigation conducted in the provincial towns. Also, promptly send the [results of] the investigations from the provincial towns. When the investigations arrive from the provincial towns, order a copy made in the official transcript from such investigations to aid in the resolution of the judicial case. Issue the resolution of a judicial case promptly after investigations accordingly so that no one in judicial cases [will experience] excessive delay or financial losses.

23. If in a chancellery by the sovereign's decree there is a boyar, or okol’nichii, 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.

All the judges together shall resolve that case after trial and investigation. If one of them for reason of illness or any other pressing concern is not in the chancellery at the resolution of that judicial case: those associates who are present in the chancellery shall resolve that case and they shall sign their own names to the verdict. If someone is not present at the resolution of that case, he shall not sign the verdict. Write down explicitly in the verdict the reason why he was not present at the resolution of that case.

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.
Moreover, do not hold a trial or conduct any business in the chancelleries except the vital affairs of the tsar on Christmas, on the day of the Epiphany and other holidays of the Lord: [during] Butter Week, the first week of the Great Fast, Passion Week, [and] the seven days after Easter. Furthermore, [no work shall be done in the chancelleries] on the birthdays of the Sovereign, Tsar, and Grand Prince of All Russia Aleksei Mikhailovich, and his good lady Tsarina and Grand Princess Maria Il’inichna, and their noble children.

 

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.

Concerning those days when there is a religious procession: on such days do not trade in anything in the shop rows, do not open the shop rows until that time when [those bearing] the crosses from the march have gone into the cathedral church, and then trade [shall proceed].

 

If someone injures the honor of someone in some way, compile a decree for the dishonor [as follows]:

27. If a boyar, or okol'nichii, or counselor verbally dishonors the patriarch: for the patriarch's dishonor, a boyar, and okol'nichii, and counselor, after investigation, shall be sent as a slave to the patriarch.          

28. If a boyar, or okol'nichii, or counselor verbally dishonors a metropolitan, or archbishop, or bishop: for dishonoring a metropolitan, and archbishop, and bishop, a boyar, and okol'nichii, 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 okol'nichii, 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.

 

The archimandrites, and hegumens, and archdeacon, and the cellarers and treasurers, and cathedral elders, and ordinary brothers of the Trinity Sergei [Monastery] and all [other] monasteries shall collect for dishonor:

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.

79. 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 okol'nichie, 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 okol'nichie, 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 okol'nichii, or counselor: the boyars, and okol'nichie, 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 okol'nichii, 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 okol'nichie, and counselors, and that is established conclusively at trial and investigation: beat them with the knout for dishonoring boyars, and okol'nichie, 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 service landholders and hereditary estate owners, 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.

If someone proceeds to assault the sovereign's peasants, and while assaulting them, maims them, gouges out an eye, or breaks an arm or a leg, or inflicts any other mutilation: the sovereign's peasants shall collect 10 rubles per person for the mutilation and for the dishonor from that person. If someone bruises a sovereign's peasant, but inflicts no mutilation: the sovereign's peasants shall collect 2 rubles per person for the assault and for the dishonor from that person. Elite slaves shall exact 5 rubles per person, but for ordinary slaves, and peasants, and landless peasants living on monastery estates, and service landholdings and hereditary estates compile a decree for dishonor and for mutilation like that for the peasants of the sovereign's court villages. For wanderers, [the dishonor compensation will be] 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.

[The dishonor compensation] for deti boiarskie working for metropolitans, and archbishops, and bishops is: of the first grade, 10 rubles per man; of the second grade, 7 rubles per man; of the third grade, 5 rubles per man. Cantors [in the employ of metropolitans, archbishops, and bishops have a dishonor compensation] of 3 rubles per man; apprentice singers, 2 rubles per man; cooks, bakers, and grooms, 1 ruble 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.

If the defendant proceeds to petition on the basis of the trial transcript [and complains] that the plaintiff sent the summons against him in one case, but at trial in addition is suing about other cases: reject the defendant['s objections] in that matter, do not place that [defendant's petition] in the transcript.

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.

If in the presence of the judges a plaintiff or a defendant begins a quarrel
between themselves [the litigants], and one of them injures the honor of the other with an insulting word: for the dishonor done to the judges, imprison for a week that person who verbally dishonored someone in the presence of the judges. Concerning the person whom he verbally dishonored: order that person to exact from him his dishonor compensation according to the law.

If someone in the presence of the judges with impudence strikes someone with his hand, but does not wound [him]: order that person whom he struck to exact his dishonor compensation two-fold from that one. If in the presence of the judges he brandishes any kind of a weapon whatsoever, or a knife, against someone, but does not wound him: inflict a punishment on him for that, beat him with bastinadoes.

If he wounds someone, beat him with the knout. If the person who was wounded dies from that wound, or he at the same time kills him at the trial: punish him himself with death also for that without the slightest mercy.

Satisfy the registered debts of the murdered man from the movable property and hereditary estates of the killer. But if the wife or children of the murdered man proceed to petition about unregistered debts: reject them in that.

If such a killer runs away from the trial and acts contumaciously, will not allow himself to be arrested: wherever that person is arrested, punish him with death accordingly.

But if before the judges he inflicts injuries on someone, or kills someone in self-defense because that person whom he injured or killed in the presence of the judges had himself begun the fight earlier, and the judges testify about that: do not inflict any punishment on that person because he acted out of self-defense.

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.

If someone strikes or wounds a judge in some way: punish him for that, cut off his hand, and order the judge to exact [his maiming fee and dishonor compensation] from him two-fold for the wounds and the dishonor.

If someone kills a judge in the chancellery, or anywhere else: punish that killer himself with death also, and collect the registered debts of the person who was killed from his movable property. If that killer, having wounded or killed a judge, flees somewhere, and [later he is found,] having investigated him similarly, punish him with death.

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.

But if a plaintiff or defendant becomes incapacitated prior to that continuance date, and because of illness he is unable to come to the chancellery by any means: he shall send on the appointed date someone whom he trusts in his stead to pursue the suit or the defense. If someone fails to send someone in his stead on that mutually agreed date to pursue the suit or the defense: direct the verdict against him in that case for that reason.

If someone proceeds to petition about him that he is extremely ill, and that he has no one to send to the trial in his stead, that he is a man without family and without slaves: dispatch a trustworthy scribe to examine that sick person. If he proves, upon inspection, to be extremely ill, and he is unable to come to the trial, and he has no one to send in his stead: do not direct the verdict against him by default without trial because of that mutually agreed continuance date. Grant him a delay until that time when he recovers.

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.

If that plaintiff on the appointed date and after the date proceeds to send in his stead for the trial his son, or kinsman, or anyone else; and he himself at that time is unable to go to trial because of illness or for any other reason: order that person whom he sends to trial in his stead to pursue the suit in his stead.

If that plaintiff proceeds to petition that he is ill, and that he has no one to send in his stead for trial: order an inspection of that plaintiff, whether he is genuinely ill. If upon inspection that plaintiff proves to be genuinely ill and because of that illness he is unable to go to trial for any matter, and it is established that he has no one to send in his stead: the defendant in his suit shall postpone [the suit] until that time when the plaintiff recovers. Do not direct the verdict against that plaintiff in his suit without trial. If the illness of that plaintiff is prolonged, grant his defendant a continuance in that case, and allow him to leave Moscow until that time when his plaintiff files a petition against him.

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.

If a defendant or a plaintiff fails to appear on the date prescribed in the continuance: do not direct the verdict against him in spite of [the evidence presented in] the judicial proceedings just because of [his failure to appear on] the continuance date.

Read the verdict for them to their guarantors who have posted bond for them for trial. Order the sovereign's fees and the plaintiffs' claims exacted from their guarantors according to the guarantee bonds.

If the guarantors also leave Moscow, send the bailiff out after all of them. Once they have been located, order them brought to Moscow. While they are being located and brought to Moscow and through the date when they appear in Moscow, the plaintiffs shall exact their maintenance expenses at the rate of .10 ruble per day [from them].

Resolve all cases at trial and investigation, as is necessary. Do not direct a verdict against anyone for any reason contrary to [the evidence presented in] the judicial proceedings because of a [missed] continuance date.

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.

If he fails to appeal after the second royal summons, and sends no one for the defense in his stead, and if a surety bond has been sent on him: direct the verdict against him in the plaintiff's suit without trial because he, having posted bond on himself for trial three times, did not appear for trial. Order the plaintiff's claim, having been exacted from him and his guarantors, given to the plaintiff.

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.

If the plaintiff and the defendant have litigated their case, and one of them leaves Moscow without waiting for a verdict in the judicial case: for that departure, direct the verdict against that person who departed without a verdict.

If the plaintiff leaves, he shall forfeit his suit; order the fees in the judicial case, and the judicial transaction fee, and the legal tenth exacted from his guarantors.

If the defendant leaves, order the plaintiff's claim, and the sovereign's fees, and the judicial transaction fee, and the legal tenth exacted from his same guarantors who guaranteed his availability for trial.

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.

If he fails to appear for the defense in response to the second summons and sends no one in his stead, and a surety bond on him is sent: issue a third summons for him, and order exacted from him for that third summons the signature and the seal fees, and 3 rubles for a second month for maintenance expenses and compensation for the delay for the plaintiff.

If he fails to appear in response to the third summons, and sends no one in his stead to defend him, and a surety bond is sent on him, direct the verdict against him for this in the plaintiff's suit because he, in response to three royal summonses, having posted bond on himself, did not appear for the defense. Order the plaintiff's claim, having been exacted from him and his guarantors, given to 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, 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.

When such miscreants have been found and brought into town for arraignment, order those people who were sent after them to exact their travel expenses from them. From the provincial towns send them under performance bonds to Moscow. When they appear in Moscow in the chancellery: inflict punishment on them for disobedience, beat them with bastinadoes. Order the plaintiffs to exact from them their maintenance expenses and compensation for the delay, as is written above this. Grant a trial against them in response to the petitions.

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.

Order them brought from the provincial towns to Moscow. In Moscow direct the verdicts against them. Exact from them the plaintiffs' claims and the bailiffs' travel expenses without trial.

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.

The bailiff shall bring that surety bond to the chancellery for the state secretary's certification no later than the third day [after trial]. The state secretary, having certified that guarantee bond, shall give it to the scribe who is keeping the court record.

If on the third day after trial the bailiff does not bring the guarantee bond to the chancellery: the scribe who is keeping the court record shall inform the state secretary about the fact that the bailiff has not brought the guarantee bond into the record for three days after the judicial proceedings. On the basis of the scribe's testimony, inflict a punishment on the bailiff for that, beat him mercilessly with bastinadoes. After the beating, order him, having collected the surety bond on the bailiff and on the defendant, to bring [it] into the record on the very same day.

If, after punishment, the bailiff fails to bring that guarantee note into the record on the same day: order another bailiff to collect that guarantee note on the plaintiff and on the defendant. Discharge from the case the bailiff who, after punishment, failed to bring in the guarantee bonds on the third day, and order him not to take part in the case in the chancellery.

If a bailiff fails to bring in the surety bond on the plaintiff or on the defendant into the record, and the scribe does not notify the judges about that; and the plaintiff and the defendant, not having posted a performance bond on themselves, leave Moscow: exact the sovereign's fees, and the judicial transaction fee, and the legal tenth for such plaintiffs and defendants on the basis of the court records from the bailiffs and the scribes who have [custody of] the case. Issue them the sovereign's charters and bailiffs [to go] to the towns after those people on whose behalf they were obliged to pay that money. Having found those people in the towns, [they] are to return them to Moscow under performance bonds.

When the governors send those people from the provincial towns to Moscow, or the bailiffs bring them in: in place of those fees which were exacted from the scribe and from the bailiff, order money exacted from those people and returned to the scribes and bailiffs.

If, after trial, only the defendant leaves Moscow without posting performance bonds, and his plaintiff remains in Moscow; and, in the judicial proceedings the plaintiff is shown to be right, and the defendant is found liable: order the scribe and the bailiff who allowed him to leave Moscow without [posting] performance bonds to hunt down that defendant who departed without [posting] performance bonds. Issue the sovereign's charters to the scribes and bailiffs on such defendants, and assign the bailiffs a date [to produce the defendants] based on the distance from [Moscow they have to travel to apprehend them]. Order the sovereign's fees, and the judicial transaction fee, and the legal tenth exacted from them for that defendant immediately. Order them to replace those fees by exacting the money from such defendants at the times when they have discovered them.

If a scribe and bailiff fail to locate such a defendant, and that defendant is not personally present: order the plaintiff's claim exacted for that defendant from that scribe and bailiff who allowed that defendant to leave Moscow without [posting] performance bonds. Give [the money collected] to the plaintiffs without any delay.

124. Collect fees on judicial cases for the sovereign's treasury from boyars, and from okol'nichie, 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 service landholdings and on hereditary estates: .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.

Concerning musketeers who proceed to sue a non-musketeer for more than 12 rubles, or a non-musketeer proceeds to sue a musketeer for more than 100 rubles, and the musketeer is found liable in the suit: collect the fees from that [portion of the] suit which is above [the amount specified in] the decree at the rate of .10 ruble per ruble [of the value of the suit], and .20 ruble for the judicial transaction fee from the trial, and .02 ruble for the legal tenth.

If the verdict is given against a non-musketeer plaintiff in his own suit for 100 rubles after trial, or if it becomes necessary to collect the fees on an oath from non-musketeers; and the musketeer settles with the non-musketeer; and himself [agrees] to assume the fees, and the judicial transaction fee, and the legal tenth because according to the sovereign's statute it has been ordered not to collect from him the fees from that suit on sums up to 100 rubles: [nevertheless] exact those fees according to statute from that musketeer because he himself feloniously [agreed to] assume those fees for the non-musketeer.

The same statute about fees shall apply to musketeer children, and brothers, and kinsmen who are living with them in their households, and not separately, as [applies] to musketeers.

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.

If that same scribe is discovered committing such a felonious act a second time: order him beaten for that with the knout around the market places. Discharge him from employment among the scribes. Exile him to fitting service in the frontier towns.

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.

If that judge who tried that case, in response to the sovereign's charter, sends the surety bonds on the plaintiff and on the defendant to Moscow: the plaintiff or file defendant, whoever is given the verdict in the case, shall collect his maintenance expenses and compensation for the delay at the rate of .10 ruble per day from that judge from that date when the plaintiff or the defendant appeared in Moscow and registered his appearance through that date when he [the judge] sent the guarantee bonds 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 service landholding and an hereditary estate 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.

If in spite of such a charter and the sanction provision, that person against whom that charter was issued himself kills that person who petitioned against him, or at his instruction someone else kills him: grant the wife of that murdered man, and his children, and clan, and kinsmen a trial against that killer, and conduct all investigation at the trial.

If it is established about that conclusively that that person against whom the protective [restraining] charter was granted himself killed that person to whom the protective [restraining] charter was granted, or [that] at his instruction someone else committed that murder: punish with death without the slightest mercy both that killer himself and that person whom he instructed to commit the murder. Exact that fine in full as listed in the Protective [restraining] charter from his movable property, and from his service landholding, and from his hereditary estate. Take half of that fine to the sovereign's treasury, and give the other half to the wife of the murdered man, and his children, and clan who proceed to petition the sovereign against that killer.

If that person against whom the protective [restraining] charter with the huge [preventive] fine was issued wounds that person who petitioned against him, but does not kill him: that person whom he wounded shall collect his dishonor compensation from him, depending on who he is. After investigation, he shall also collect his financial losses and also the fine spelled out in the protective [restraining] charter in full. Take half of that fine to the sovereign's treasury, and give the other half to the petitioner.

If that killer [or assailant] does not have [enough] movable property [to pay] the fine: take whatever movable property he has to satisfy the fine, and also his hereditary estates, whatever he has; take half of that which was confiscated for the sovereign, and give the other half to the petitioner. Concerning the amount by which he falls short of the fine, exact that from him; do not forgive him this [amount of the] fine: beat him on the shins in the righter without the slightest mercy, not for the purpose of exacting the remaining money from him, [but] to teach others looking on not to commit such a felony.

If someone in a murder case, having gotten a protective [restraining] charter with a [preventative] fine against someone, himself commits such an act, then [compile for him] that very same decree which would have been necessary for that person against whom he petitioned.

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 service landholding and no hereditary estate, 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.

If in the investigation the people being interrogated testify in support of the petitioner: on the basis of that investigation, cast that person who boasted that he would kill [the petitioner] in prison for three months.

When he has sat in prison for the specified months: that person against whom he boasted shall take from him a note signed by him in which [he promises] that he henceforth will commit no illegal act against that person against whom he boasted.

If, after giving the note on himself in that matter, he violates it by killing that person against whom he boasted: punish him with death himself.

If someone proceeds to petition the sovereign against someone for boasting that he would kill him, but there is no one to investigate about this: grant them a trial in that matter. After trial compile the decree that is necessary.

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.

If that defendant does not deny the robbery, but testifies about the assault in [his] defense that he did not strike [anyone]: order [the goods taken in] the robbery exacted from him as demanded in the plea and given to the plaintiff. [Exact] from that defendant the fine that the sovereign decrees. In the assault case, similarly compile after trial the decree that is necessary.

If in any other cases a defendant at trial, in response to someone's plea, proceeds to admit liability for less than the entire suit: order exacted from them [sic] only that to which they [sic] proceed to admit liability. Concerning that to which they do not proceed to admit liability: compile after trial the decree for that that is necessary.

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.

If in the investigation the bystanders testify that they saw how that defendant and his slaves fought their way free from the bailiff: the judges shall send out after that defendant a scribe of a high grade in service, and with him that same bailiff who went after him [the defendant]. Order them, not yet approaching his house, to take with them witnesses, local bystanders, and as many men as necessary, and with these witnesses order them to approach him in the yard of his house. In the yard, read him the summons and officially reproach him because he committed an illegal act, fought his way free from the bailiff, and did not post bond on himself in response to the summons. Having officially reproached him, the bailiff shall order him to post bond for trial according to the summons, and is not to release him without bond.

If he fails to post bond on himself, and will not go into town, and sends no [one] in his stead, and acts contumaciously toward the bailiff's lawful orders, and fighting away from the bailiff, flees from Moscow to his hereditary estate or to his service landholding: arrest his slaves or the custodian he has at his house. Order them to be put on bond [in which they guarantee] that they will present their owner in the chancellery on a specified date. Give them for that a time limit based on the distance according to statute.

If those slaves post guarantee bonds on themselves: order them to appear [in the chancellery] prior to the date under bond. If that owner of theirs appears for them in the chancellery: grant the plaintiff a trial against him on the basis of the petition. Concerning the fact that he did not obey the sovereign's decree, failed to post bond, and, having fought away from the bailiff, fled from Moscow: inflict punishment off him for that, cast him in prison for a week. Order the plaintiff to exact from him .10 ruble per day for his maintenance expenses and compensation for the delay beginning a week after that date which is written in the summons and through that date when he appears in Moscow.

 

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 service landholding or hereditary estate: send a bailiff after him to his service landholding or hereditary estate.

Order the bailiff to bring him with him to Moscow to defend [himself] under bond. When the bailiff brings him to Moscow: for his disobedience inflict the punishment on him that the sovereign decrees. Grant the plaintiff a trial against him. After trial, compile the decree that is necessary. The plaintiff shall exact from him maintenance expense and compensation for the delay at the rate of .10 ruble per day without trial, beginning a week after that date when the summons was signed for him and through that date when they bring him to Moscow. Order the bailiff to exact his travel expenses from him as well according to statute.

 

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.

When the bailiff, having arrested that disobedient fellow, brings him to Moscow: punish that disobedient fellow for his disobedience, beat him with bastinadoes. Exact from him the maintenance expense and compensation for the delay for the plaintiff according to statute and the bailiffs' travel expenses without trial. Turn [the money] over to the plaintiff. In the suit, grant the plaintiff a trial against him, and after trial compile the decree that is necessary.

If that disobedient fellow further proceeds to hide from the bailiff a third time, or acts contumaciously toward the bailiff, and subsequently he is found: exact from him the plaintiff's claim, and maintenance expense, and compensation for the delay according to statute, and the bailiff shall exact [his] travel expenses without trial. Turn [the money] over to the plaintiff. Also exact the bailiff's travel expenses without trial. Beat him with bastinadoes and cast him in prison for a month.

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.

If there are bystanders as witnesses with that bailiff; and that person for whom the bailiff is sent proceeds to assault and dishonor the bystanders: order the bailiff and the bystanders to exact their dishonor compensation from him accordingly, and also their financial losses two-fold, whatever is taken from someone, after investigation.

If someone kills the bailiff or the witnesses, and that is established conclusively: punish that killer himself with death also. Collect the registered debts of the murdered men from his [the killer's] service landholding, and from [his] hereditary estates, and from [his] movable property.

If any dishonor or assault is inflicted on the bailiff or witnesses by the slaves and peasants of that person after whom that bailiff and the witnesses are sent; and he [the master] himself is not there at the time; but the bailiff or witnesses proceed to petition about that against him himself, and not against his slaves or peasants; and he proceeds to testify that he knows nothing about that: grant them a trial in that matter.

If at trial and investigation it is established about that case conclusively that his slaves and peasants assaulted that bailiff and the witnesses: inflict a punishment on those slaves and peasants of his for that, beat them with the knout. The assaulted bailiff and the witnesses shall exact their financial losses two-fold from them after investigation.

 

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 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.

Bailiffs shall deliver official orders and summonses and get performance bonds by themselves and with the aid of their companions whom they trust. They shall send out [their] slaves with official orders.

From performance bonds they themselves and their companions shall not take any fees.

Concerning the town in which a bailiff resides: he shall not deliver official orders in that town, and shall not send his companions in his stead. If a bailiff should gather a group of companions in an association, the state secretaries shall register that in the books so that bailiffs will not be able to deny their associates [later on].

If a bailiff or his companions cause someone financial losses, and that is established conclusively: exact that from all the associates and give it to the petitioner. Moreover, beat with the knout around the market places that same person who committed such a deed and cast him in prison for as long as the sovereign decrees. Bailiffs shall not perform their tasks without associates.

149. If someone proceeds to petition the sovereign for justice against boyars, and okol'nichie, 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 of theirs is not regimental.

If someone in such legal cases proceeds to petition the sovereign in Moscow against governors and various chancellery officials and servicemen who are in Astrakhan', and in Siberia, and on the Terek; or those generals and any servicemen who are in the sovereign's service in the regiments in the Ukraine or in other places: grant such petitioners a trial against such generals, and governors, and various chancellery officials, and servicemen in such cases at that time when the sovereign's service of such generals and service personnel ends.

If some offense occurs in the regiments among service personnel: the regimental generals, or judges who have been commanded [to do so] by the regimental generals, shall try them in such cases and render justice among them. If someone proceeds to petition against someone in the regiments for offenses which occurred among them prior to the sovereign's service, on their service landholdings, or hereditary estates, or anywhere else, but not in the regiments: in such cases do not grant anyone a trial against anyone else in the regiments. Judge them in such cases on the statutory dates at those times when the sovereign's service has ended because those offenses occurred among them prior to the sovereign's service, not in the regiments.

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 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 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.

Inflict a punishment on him for such a case, beat him with bastinadoes so that he and others like him, looking on, will learn not to do that. Order the defendant to exact from him his maintenance expenses and compensation for the delay at the rate of .10 ruble per day from that date when the surety bond was taken on him in response to the summons.

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 service landholdings and hereditary estates, 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 hereditary estates and service landholdings of other provincial towns, and not of those where the investigation is to be conducted: they are free to travel to their own service landholdings and hereditary estates, 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.

[Interrogate] archimandrites, and hegumens and monks according to the monk’s oath, and archpriests, and priests, and deacons under the clerical oath. [Interrogate] dvoriane, and deti boiarskie, and various servicemen, and townsmen; and elders of court villages and rural taxpaying districts, [their] sworn assistants, and peasants; hereditary estate and service landholding stewards and elders, [their] sworn assistants, and peasants; and Russians of various ranks according to the oath of the Sovereign, Tsar, and Grand Prince of all Russia, Aleksei Mikhailovich. [Interrogate] princes, and mirzas, and Tatars, and Chuvash, and Cheremis, and Votiaks, and the various peoples who pay tribute in furs according to the oath of their faith.

Investigate the people of those various ranks face to face, interrogating each person individually. Order the investigators to write down the testimony taken in their presence; order them not to record in the investigation the inquiries and [the testimony of] the people being investigated without their presence.

Take the testimony of Russians over their signatures and the signatures of their spiritual fathers; of Lithuanians and Swedes also over their signatures, or [the signatures of] someone whom they order in their stead to sign the investigations.  Get the investigation testimony of princes, and mirzas, and Tatars who are literate in the Tatar language over their signatures; for those who are not literate, take the testimony of such people and the peoples who pay tribute in furs over their marks.

Order the investigation testimony written down by the people being interrogated themselves.

Take the investigation testimony of dvoriane and deti boiarskie separately. Do not record the investigation testimony of dvoriane and deti boiarskie together with that of their slaves and peasants.

If someone at trial proceeds to challenge [the testimony of] some people who were interrogated in the general investigation, and submits at trial a list of names of the challenged people, but he writes in the list the clan, and kinsmen, and friends of many people: do not believe that challenge, interrogate everyone.

The investigators shall tell the people being interrogated explicitly that they must testify the absolute truth in the investigation, without fearing anyone, or favoring anyone in any way.

If the people being interrogated testify in the investigation not according to the truth: they shall be in great disgrace with the sovereign and shall be punished for that. Instruct the investigators sternly about this, and write to them in their working orders with great emphasis that they must conduct the investigation justly, under the sovereign's oath, not favoring a friend and not wreaking vengeance on an enemy. They must see to it and take utmost care that the people being interrogated do not collude in family groups [and] lie in the investigation.

Concerning people who proceed to lie in investigations by family groups, and this becomes known to the investigators and people proceed to become disobedient, and do not proceed to give testimony in the investigations: the investigators shall write about this to the sovereign, [stating] by name which people being interrogated proceeded to testify untruthfully in family groups in the investigations, and who did not proceed to give testimony in the investigations, and the investigators shall submit lists of names of such people to the sovereign over their signatures.

If the investigators proceed to conduct the investigation unlawfully for their own gain, or they proceed to favor a friend in the investigation, [and] wreak vengeance on an enemy; or if people lie in family groups in investigations, and others do not proceed to give testimony in investigations, but the investigators, favoring the plaintiff or the defendant, do not proceed to write about that to the sovereign, and this becomes known to the sovereign in spite of them: the investigators shall be in great disgrace with the sovereign and shall be punished for that.

If people being interrogated proceed to give differing testimonies in the investigations, some testify for the plaintiff, and others for the defendant: if there are more people testifying on one side in investigations, give the verdict after investigation to that [litigant] for whom more of the people interrogated testified.

 

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] service landholdings and hereditary estates in the possession of boyars, and okol'nichie, and counselors, and stol'niki, and striapchie, and Moscow dvoriane, and zhil'tsy, and provincial dvoriane, and deti boiarskie, and various service landholders and hereditary estate owners; 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.

If the petitioner and the people being interrogated of the lesser half somehow expose the greater half of people being interrogated [by showing] that the people being interrogated of the greater half lied in the investigations: exact a fine for the sovereign for perjured investigations from those people who were in the greater half of the people being interrogated: 50 rubles per person from archimandrites; 40 rubles per person from hegumens and cellarers; 30 rubles per person from [monastery] treasurers and stewards and cathedral elders; 5 rubles per person from ordinary monks; 20 rubles per person from monastery servitors of large monasteries, and 5 rubles per person from servitors of small monasteries and dependent laborers of all monasteries; 40 rubles per person from archpriests; 30 rubles per person from archdeacons; 20 rubles per person from priests; 10 rubles per person from deacons and church cantors; 30 rubles per person from stol'niki, and striapchie, and Moscow dvoriane, and zhil'tsy, and provincial dvoriane and deti boiarskie, and from miscreants who will not participate in investigations; 20 rubles per person from town elders; 10 rubles per person from townsmen, and post drivers, and stewards of hereditary estates and service landholdings; 5 rubles per person from [peasant] elders and [their] sworn assistants; and 1 ruble per person from peasants and landless peasants. Moreover, having selected the stewards and most reliable peasants from these interrogated people, beat every tenth person with the knout.

Concerning archimandrites, and hegumens, and priests, and deacons who lie in investigations: send them for penance to the patriarch, and the metropolitans, and archbishops, and bishops in whose jurisdiction they are.

Concerning the financial losses, maintenance expenses, and financial losses stemming from the delay that are inflicted on a plaintiff or a defendant as a result of perjured investigations: order that all of that be exacted from those people who lied in the investigation and give it to that person on whom the financial losses were inflicted.

If some people are tortured as a consequence of such perjured investigations: order those people who were tortured to exact their dishonor compensation and maiming fee four-fold from those people who lied in the investigation so that henceforth they will not commit perjury.

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].

If certain people in that case are tortured, and it is established conclusively which half of the interrogated people lied: exact from those interrogated people a fine for the sovereign, and inflict punishment as is written about that above this. Order those who were tortured to exact from their dishonor compensation and maiming fee four-fold. Resolve the judicial case on the basis of that investigation and of the [earlier general] investigations, [in] whichever [the] people were telling the truth.

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.

And if that plaintiff of his, cunningly, without leaving the trial, [then] proceeds to sue him in a second petition for a large suit; and proceeds to name that same first mutual witness at trial in that large suit of his; but [if] his defendant also proceeds to name as witness that first mutual witness in the large suit, and proceeds to petition that he is unable to name that first mutual witness [as witness] in that large suit because his plaintiff, cunningly had deceived him: he named that witness in his first small suit, and he [the defendant] also named that witness in the small suit, thinking that, even though that mutual witness, not fearing God, accused him wrongly in that small suit, he would pay that small claim. But in the large suit he is unable to name that first mutual witness because his plaintiff committed a deliberate offense against him in collusion with that witness: do not interrogate that witness in the latter large suit.

Do not direct the verdict against that defendant [just] because he does not name that first witness in the second suit. Resolve the judicial case [on the basis of the evidence presented] at trial as necessary.

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.

Resolve the initial trial on the basis of [the evidence presented by] that mutual witness.

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 service landholding or on one hereditary estate in common with his brothers and with other service landholders; 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.

Put them on surety bonds [guaranteeing] that they will present those who will defend them for the defense by the decreed date without any postponement. If they fail to present defenders in their stead on the decreed date: direct the verdict against them for that.

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.

Having beaten him with the knout around the market places, cast him in prison for as long as the sovereign decrees. Henceforth do not sign for him any summonses for anyone it, any suits and do not grant him a trial.

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 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.

If, after trial and investigation, it becomes necessary for military personnel to take stored goods from certain town residents: after trial and investigation, having exacted that stored property from them, return it to the plaintiffs. But if there is no evidence on which to base an investigation: the plaintiff and the defendant shall take an oath by kissing the cross in that case.

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 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.

If that person to whom the stored item belonged proceeds to petition against him, [and alleges that] that stored item of his in the possession of that person with whom he left it was together with his property, but only his stored item is lost and the property of that person is still present and intact: grant them a trial in that matter. After trial and investigation, compile for them the decree that is necessary.

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.

Having given such a loan note, if he fails to redeem that pawn of his on the date due: henceforth he shall have no claim to that pawn of his.  That person to whom he pawned it shall own his pawn.  That person is free to sell or pawn that pawn, or to give it away in a dowry.

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.

If one of such felonious invaders at those times wounds someone, and that is established conclusively: cut off the hand of that person who wounded someone. Beat with the knout his accomplices who made the invasion with him and put them on bond so that henceforth they will not so feloniously comport themselves. Exact a two-fold dishonor compensation and maiming fee from all of them accordingly.

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.

If that person against whom such declarations have been made denies having made such a boast, but in spite of [his denials] it is established about that conclusively that he boasted of such a feat: put him on strict surety bonds so that he will not commit such wicked deeds. If he does not post bond on himself in that matter: cast him in prison until that time when he posts bonds on himself in that matter.

If he posts bonds on himself in that matter, and some unknown people burn down the house or threshing floor of that person against whom he made his boast, or cause him some other losses: in the matter of that felony, torture that person who boasted that wicked deeds would be done to that person on whom such losses have been inflicted.

If under torture he confesses that this event happened because of him: order that person against whom he committed such a deed to exact all the losses from him. If something cannot be exacted from him: order that exacted from his guarantors.

If he flees somewhere and is not present in person, and if there is no one to torture in that felony: order that person against whom he committed such a deed to exact all of his losses from the guarantors of that fugitive.

If only that person who boasted of such wicked deeds is present in person, and under torture he does not proceed to testify against himself in that felony: he shall be freed in that case. Concerning the fact that he was tortured in that case: he brought it on himself by boasting that he would [commit] wicked deeds.

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.

In the matter of such debts, get on them [the debtors] surety bonds [guaranteeing] that they will repay those debts to those people to whom they are due on the specified dates, without any delay, and that they will not flee anywhere, and will not defect, will not ride off anywhere into any other states. Order listed in that matter in the surety bond worthy people who can be trusted in that matter as guarantors for them. On the basis of those surety bonds order those debtors to pay [their] debts to those people to whom they are indebted for something on the specified dates, without any delay, without interest.

If some debtor fails to repay that debt on the specified date, and if he is not present in person: collect that debt from his guarantors and give it to that person to whom that debtor is indebted, also without interest.

If some debtor, having posted a bond on himself [guaranteeing] that he will not defect, commits treason and rides off into another state: both that treasonous offense of his and the debt are [the responsibilities of] his guarantors.

If that debtor dies before the specified date, and in the surety note it is written that he will pay that debt on a specified date, but he fails to pay that debt on that date: his guarantors shall pay that debt according to the debt agreement or note.

After the death of a borrower, his wife and children shall pay that debt. If nothing can be collected from the wife and children: collect that remaining debt from his guarantors, whoever is personally present.

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 hereditary estates and movable property, and his wife and children possess those hereditary estates of his and use his movable property: order plaintiffs to exact their claim from the wife and children of the deceased.

208. If a service landholder, or all hereditary estate owner, 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.

If that person to whom that livestock belong, having come to him with neighbors, inspects his [the victim's] trampled grain, or meadows, and pays for that trampled grain or grass of his: he shall return that livestock which he drove out of his own grain or meadows to that person to whom the livestock belong, all of it in the condition in which he found it.

If that person to whom the livestock belong does not come to inspect the trampled grain or meadows: [the victim] shall keep his livestock at his place; he shall petition the sovereign against him for the trampled grain and meadows, and he shall initiate a suit for judicial process.

If it is established conclusively about that at trial that his grain or meadows were trampled by that livestock, the livestock which he drove to his place: order him to exact in full [the damages done to] that trampled grain and meadows of his as assessed by the investigation from that person to whom the livestock belong. Moreover, older him to exact the assessed value of the fodder fed to the livestock from that person to whom that livestock belong. Finally, order the sovereign's fees for the judicial case exacted two-fold from that losing defendant for his violations of the law.

 

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.

If someone earlier had traded that horse or any other animal with the plaintiff and had offered more money [than the statutory price], and that is established conclusively also: order him to exact for that dead horse or any other animal that price which the buyers offered from that person who starved it.

 

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.

If he starves to death or kills any animal: order exacted from him for that animal the statutory price two-fold, and give it to the plaintiff in accordance with that which is written above this. Finally, order the sovereign's fees for the judicial case exacted from him for his illegal conduct two-fold.

 

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.

If after the petition he lets the grain rot on that land belonging to someone else, or [maliciously allows his] cattle to trample it, or, having harvested [it], carries [it] home: for that illegal action, order that grain, having been measured, exacted from him two-fold. Having exacted it, give it to the plaintiff. Moreover, order the sovereign's fees for the trial exacted from him for that same illegal act of his two-fold.

 

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 hereditary estate or service landholding usufruct possessions, and these beaver runs are on property adjoining other hereditary estate and service landholding usufruct possessions: order the service landholders and hereditary estate owners of these adjoining usufruct possessions not to drive off the beavers from such beaver runs by any means.

If those adjacent service landholders or hereditary estate owners themselves, or their slaves and peasants, in some manner frighten away the beavers from someone's usufruct possessions, or illegally kill the beavers, or steal them; and there are petitioners against them for that; and that is established conclusively at trial: order the plaintiffs to exact money from them for those beavers at the statutory price.

But if beavers leave someone's usufruct possessions for someone else's usufruct possession, and they proceed to live in the new place, and they abandon the old nest: that person shall possess that beaver nest on whose usufruct possession they are newly living. The service landholder or hereditary estate owner of the former usufruct possession shall have no claim on the new beaver nest.

 

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 service landholder or hereditary estate owner 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.

If someone illegally cuts down or steals any tree in someone's garden, and that is established conclusively at trial: exact from him 3 rubles for each tree.

 

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.

If such a case occurs without anyone's evil intent: do not exact the fine and the plaintiff’s claim from them.

 

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 service landholding or hereditary estate, 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.

If he does not appear for trial on that date: do not direct the verdict against him for this, but order his guarantors to find him. Get a surety bond on those guarantors [to ensure] that they will present him promptly for the defense.

While they are hunting down that defendant: order the plaintiff to collect from them .10 ruble per day for maintenance expenses and compensation for the delay.

If those guarantors proceed to petition the sovereign for an official order or for a bailiff for that defendant: issue them the sovereign's official order for that defendant, or assign them a bailiff with a time limit based on the distance. While they are presenting him for trial, order exacted from them .10 ruble per day for maintenance expenses and compensation for the delay.

If those guarantors do not present that defendant on that date which is written in the sovereign's order, and proceed to petition the sovereign for a second continuance date based on the distance: grant them a second continuance date based on the distance. Order the plaintiff to exact from them the same .10 ruble per day for maintenance expenses and compensation for the delay until that time when they produce that defendant.

If such guarantors do not produce that defendant on the second continuance date based on the distance: direct the verdict against that defendant in the plaintiff's suit without trial. Order the plaintiff's claim exacted from his guarantors and give it to the plaintiff.

 

230. Order hereditary estate owners and service landholders 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.

If service landholders or estate owners have distant meadows, and someone's arable land borders those meadows: that person to whom the arable belongs shall fence those places between the meadows and the arable. If his or someone else's animal goes through that fence of his into those meadows and that animal tramples that meadow: that person to whom the fence belongs shall pay for that trampling.

 

231. If anyone, on land belonging to the sovereign, or to an hereditary estate owner or a service landholder, 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.

If peasants commit such an act between themselves in one rural district or in a village: similarly inflict a punishment on them for that, beat them with the knout also. Order them to restore the boundary and markers 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 service landholders and the hereditary estate owners 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 service landholders 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 service landholders and hereditary estate owners, 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 hereditary estate owners, and the service landholders 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 service landholder or an hereditary estate owner desires to build a dam on a river in his service landholding or hereditary estate, 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 service landholders and hereditary estate owners 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.

But if on that very river someone else above that [place] has mills that were built long ago, or someone's arable lands or hay meadows come down close to the banks of that river, and if damage would be inflicted on those earlier mills and arable and hay meadows by his new pond water: he shall not build a new dam on that river and shall not construct a mill.

If he illegally builds a mill in that place, and floods someone's upstream mills, or arable, or hay meadows with the pond water, and as a result of his illegal act any losses are inflicted on anybody; and there are petitioners against him for that, and that is established conclusively at trial: order him to let out the water so that there will be no damage done to upstream mills, and arable, and hay meadows. Concerning the losses he inflicted on someone with that new mill: after investigation, order those losses extracted from him, and give them in full to the plaintiff.

If he built the dam of that mill across the river to someone else's bank, and there are petitioners against him for that: order him to remove that dam from the other         bank. Order him henceforth not to build that dam across to the other person’s bank.

 

239. If someone has wild beehives, or fish weirs, lakes, or hay meadows in a forest belonging to the sovereign, or a service landholder, or an hereditary estate owner: 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.

If those old hay meadows are overgrown with forest: they shall clear those hay meadows inside their own boundaries. They shall not clear the forest beyond the boundaries onto someone else's land, and they shall not [thereby) expand the hay meadows.

If in that forest someone's beehive tree, with bees or without bees, falls over, and he desires to cut the bees out of that tree, or cut out the hive without the bees: he is free to take those bees with the hive out of the forest, but he shall leave the upper branches and roots in the forest for that person to whom that forest belongs.

He in no way shall cart off any construction materials or firewood from that forest belonging to someone else. He shall not meddle in that forest that belongs to someone else, and he shall not call it his own forest.

Similarly, those people to whom that forest belongs shall not illegally take possession of someone else's beehives, and fish weirs, and hay meadows, and they shall in no way meddle in those usufruct possessions.

 

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.

Those people to whom such usufruct possessions belong, when going to their usufruct possessions, shall not trample the arable and hay meadows and shall not inflict any losses.

 

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 hereditary estate owners and service landholders have their wild beehives on their service landholdings and hereditary estate 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 service landholders 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 an hereditary estate, or a house, or a shop, or a mill, of any other kind of fixture on an hereditary estate or service landholding; 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.

If after trial and investigation it becomes necessary in such a suit to give the verdict to the defendant, and to give it against the plaintiff: do not take from the purchaser that which the defendant sold or mortgaged to him.

 

245. If someone, having executed on himself a loan document for borrowed money, or a document clearing the debt of an hereditary estate, 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 hereditary estate 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.

If, while he was still alive, he and the plaintiffs did not have a trial concerning those loan documents and various other documents of that deceased: and the plaintiffs want to pursue their suits based on those documents against the wife and children of that deceased, or against others of his clan, to whom his movable property and estates have been bequeathed: grant them a trial in those suits of theirs against the wife and children of that deceased and against the other members of his clan. After trial and investigation, compile the decree for him that is necessary.

 

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.

Those who are illiterate shall order their spiritual fathers, or their own natural brothers, or uncles, or kinsmen, or whomever they trust in this, to affix their signatures to those loan documents and to all other documents in their stead.

No one except town square scribes shall write documents on anyone without witnesses.

If someone who himself is borrowing money, or anything else, from someone, writes a loan memorandum on himself in his own hand, or orders his own slave to write that memorandum on himself; and himself signs that memorandum: believe such loan memoranda and grant a trial on the basis of them.

 

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 estates and service landholdings. 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 hereditary estates 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.

In the villages, and hamlets, and isolated homesteads no one shall write such documents for large transactions, except for wedding contracts, and marriage registrations, and wills, and loan memoranda.

 

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.

If someone proceeds to petition against someone about such a case: in response to that petition, the chancellery directors, and governors, and various chancellery officials, after locating those people against whom the petition was filed, shall interrogate and arrange a visual confrontation [of them] with the petitioners, and shall conduct a rigorous investigation using all methods of inquiry.

If the case goes to torture, torture those people to whom it leads.

If it is established that someone took any document on someone else feloniously and against his will: inflict a severe punishment on such people who proceed to take such documents by compulsion, beat them mercilessly with the knout in the presence of many people so that they and others like them will learn not to commit such a felony henceforth. Order those people on whom they issued such felonious documents to exact their dishonor compensation from them. Moreover, for that offense, imprison them for half a year.

Inflict a punishment on the town square scribes who feloniously proceed to write such documents in the absence [of a party]: cut off a hand [of the felon].

Concerning the persons who feloniously proceed to sign such documents as witnesses: inflict a severe punishment on them, beat them with the knout around the market places, and imprison them for as long as the sovereign decrees.

 

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.

Order that person against whom they deliberately initiated the case to exact from them his dishonor compensation, and also his claim based on the document in full.

Cast him [the plaintiff] in prison for half a year.

 

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.

If that loan document which the plaintiff produces in the judicial process is not signed, and he has in his possession no gift document for that loan document in whose name that loan document was written: do not grant a trial on the basis of that loan document.

 

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.

If that borrower, having [initially] denied the authenticity of that document at trial, confesses without leaving the trial that he deliberately had denied the authenticity of that loan document: collect the debt from him on the basis of that loan document only once because he himself declared his guilt.

 

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.

Moreover, if it is necessary to exact something from someone for the sovereign's treasury, and at the same time [civilian] plaintiffs petition against him for debts: exact from him first what is due the sovereign, and order him to pay his debts to [other] creditors 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.

Concerning people who proceed to petition for a postponement: they shall postpone [paying] the money for a month, but do not give them a longer continuance than that in plaintiffs' suits so that the plaintiffs will not suffer excessive loss stemming from delay in that case.

 

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 service landholdings and hereditary estates.

 

263. If someone has no means to pay a plaintiff's claim, and his hereditary estate is not populated: having appraised that hereditary estate, give it to the plaintiff in payment. If the plaintiff does not want to take that vacant hereditary estate, sell that hereditary estate to third persons who wish to buy it and give the money in payment to the plaintiff.

If that hereditary estate is a clan [estate], or one that was awarded for service, and relatives desire to acquire it for that price at which it was appraised: give that hereditary estate to the relatives for that price, and, having collected the money for that hereditary estate, give it in payment to the plaintiff.

If that money which was received from someone for that estate exceeds the plaintiff’s claim: give that extra money back to that person whose hereditary estate was sold.

If the sale of the hereditary estate yields less money than the plaintiff's claim: that money which is still lacking to pay the plaintiffs suit shall be exacted from that person who owes that money.

 

264. If service personnel of various ranks, 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.

They shall perform slave labor [and thereby redeem themselves] at the rate of 5 rubles per year for males and 2.50 rubles per year for females.

Concerning that person to whom they are given: get a written surety bond on them [from third persons guaranteeing] that they will not kill and will not injure them.

When those people who were handed over into slavery have performed slave labor for the stipulated years, present them in the chancellery.

 

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.

If the bailiffs do not hunt down these arraigned people within the statutory time limits: exact the plaintiffs' claims from those bailiffs and from their guarantors. Do not torture those bailiffs in the matter of the detainees' flight.

If there is nothing from which a plaintiff's claim can be exacted from those bailiffs and their guarantors: turn over those bailiffs as slaves to the plaintiffs until they are redeemed. Get written surety bonds on those plaintiffs that they will do no wrong to them and will not injure them.

 

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.

If he and his guarantors have no means to repay what was stolen: turn them over to the plaintiff [as slaves] for the claim until they redeem themselves.

 

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.

But if it is established that robbers approached him, but they took none of the property: exact that claim from the guilty party and give it to the plaintiff.

 

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.

If he proceeds to pour water or hurl garbage on to those low buildings of his neighbor, or commit any other outrage, and that is established conclusively at trial: order him to remove those high buildings of his away from such neighboring buildings.

If he does not remove those buildings of his away from the neighboring buildings, and he inflicts that same nuisance on his neighbor as before: order those buildings of his demolished so that henceforth his neighbor will suffer no illegal actions of any sort by him.

 

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.

If [witnesses] testify in an investigation about that petitioner that he is in fact a whore's son, that he was begotten by a concubine before [the father had] a legal wife, or while [he had] a legal wife, or after [he had] a legal wife: reject such whores' sons [in their claims for] dishonor compensation.

Do not consider [him one of] the legal children of that person who begat him by a concubine and do not give him the service landholdings and hereditary estates of that person who begat him illegally.

If that person who begat that whore's son by a concubine marries that concubine: he still shall not consider that whore's son [one of] the legal children. That person shall not give his service landholdings and hereditary estates to his whore's son because he illegally begat that whore's son by his concubine prior to the marriage.

 

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.

Order him strictly in that matter that in the future he must keep that dog on a leash and the animal within a fence so that henceforth nothing bad will happen to anyone because of that animal.

If he does not proceed to keep that dog of his on a leash and his animal within a fence, and something bad happens to someone because of that dog or that animal, and there are petitioners against him for that: order such petitioners to exact their claims from him on the basis of their testimony without trial, and, having taken that animal from him, give it to the petitioners.

 

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.