CHAPTER 13. -- The
Monastery Chancellery. In It Are 7 Articles.
1.
Up until [the promulgation] of this royal Law Code, a trial in all cases
against metropolitans, and against archbishops, and bishops, and against their
chancellery officials, and against [ecclesiastical] palace court officials,
against deti boiarskie, and against their peasants, and against
monasteries, and archimandrites, and hegumens, and against stewards, and
against cellarers, and against treasurers, and against ordinary monks, and
against monastery servitors, and against peasants, and against priests, and
against other church officials was granted in the Chancellery of the Great
Court.
But
now the Sovereign, Tsar, and Grand Prince of all Russia Aleksei Mikhailovich,
in response to a petition by stol'niki, and striapchie, and Moscow dvoriane, and
provincial dvoriane, and deti
boiarskie, and merchants
of the first, and second, and third corporations, and [townsmen of] various
other hundreds and settlements, and ordinary merchants, and townsmen, has
decreed [the creation] of a separate Monastery Chancellery.
Grant
a trial in all plaintiffs' claims against metropolitans, and against
archbishops, and against bishops, and against their chancellery and palace
court officials, and against deti
boiarskie, and against
their peasants, and against monasteries, against archimandrites, and hegumens,
and against stewards, and against cellarers, and against treasurers, and
against ordinary monks, and against monastery servitors, and against peasants,
and against priests and against other church officials in the Monastery
Chancellery.
2.
When the metropolitans', and archbishops', and bishops' chancellery and palace
court officials, and deti boiarskie, and peasants, and also the archimandrites,
and hegumens, and stewards, and cellarers, and treasurers of various
monasteries, and cathedral and ordinary elders, and monastery servitors and
peasants proceed to sue people of various ranks in a particular chancellery:
and after his [sic] defense the defendants proceed to submit petitions with
claims against those plaintiffs in their own grievances: in response to their
counterclaims, grant trials to those defendants [who initiate their
counterclaims] against metropolitans, and against archbishops, and against
bishops, and against archimandrites, and against hegumens, and against
stewards, and against cellarers, and against treasurers, and against cathedral
and ordinary elders, and against the metropolitans', and against the
archbishops’ and against the bishops' chancellery and palace court officials,
and against deti boiarskie,
and against monastery
servitors, and against peasants in those same chancelleries, in response to
their counterclaim petitions.
3.
Concerning stewards and peasants of the patriarch, and the metropolitans, and
archbishops, and bishops, and monasteries, and boyars, and okol'nichie, and
counselors, and peoples of all Moscow ranks who are living in the towns on
hereditary estates and service landholdings belonging to church officials and
lay lords: grant a trial to townsmen of all ranks against those bailiffs, and
against their slaves, and against peasants of the patriarch, and of the
metropolitans, and archbishops, and bishops, and monasteries, and boyars, and
people of all ranks in the towns: and against townsmen to the stewards and
peasants of the patriarch and other high church officials, and the monasteries,
and boyars, and okol'nichie, and counselors, and peoples of all Moscow
ranks in a suit for up to 20 rubles.
In suits
for over 20 rubles and in cases involving hereditary estates, and service
landholdings, and slaves, do not grant a trial against them in the provincial
towns, except in those towns in which by the sovereign's decree state
secretaries [are stationed] with governors, and except in the Lower Volga towns
which are subordinate to the Kazan' Regional Administrative Chancellery.
4. If people of spiritual rank and monasteries proceed to
initiate their own suits against servicemen; but in their petitions are written
the names of archimandrites, and hegumens, and cellarers, and treasurers, and
elders, and priests, and deacons; and if they themselves were assaulted, and
dishonored, and robbed, or any wrongs were inflicted on them: in such suits
where there is a petition [by someone] of monkly or priestly rank, according to
the teaching of the Holy Apostles and the canons of the Holy Fathers there must
be a casting of lots. There cannot be an oath by kissing the cross because, if
an archimandrite, and a hegumen, and a priest, and a deacon, or someone in
their stead kisses the cross, that person shall no longer function as a member
of the clergy.
5. If in
petitions are written the names of high church officials, and elders, and
priests, deacons, and any kind of wrongs were committed on their estates, or
anywhere against their servants or peasants, in any cases whatsoever: there
will be no casting of lots in those suits. Grant them, [their] servants and
peasants, an oath, kissing the cross.
6. If any
plaintiffs or defendants, lay people, proceed to petition that, instead of
taking an oath or casting lots in suits, people of spiritual rank be
interrogated by the patriarch, and metropolitans, and archbishops, and bishops,
those of priestly rank under the priestly oath, and monks under the monkly
oath, and that judicial cases be resolved in that manner: grant those lay
people, plaintiffs and defendants, their choice, whatever they want, [in their
suits] with [people of] the priestly and monkly rank, whether [the evidence
should be provided] by lots or by clerical interrogation. Order the lay people
to affix their signatures to those testimonial transcripts. Resolve the cases
on the basis of that [evidence].
7. Grant
a trial in legal matters against all agriculturists on those same dates on
which dates it is decreed that a trial will be granted against dvoriane and deti boiarskie because they, the same dvoriane and deti boiarskie, sue for and defend their peasants in all
cases except theft and robbery, and crimes in which the suspect is apprehended
red-handed, and homicide.