CHAPTER 14. -- The
Oath. In It Are 10 Articles.
1.
Concerning those Russians of all ranks of the Muscovite state for whom it
becomes necessary to take an oath in judicial cases in all the chancelleries:
they, or their slaves for them, shall kiss the cross in different suits [a
total of] three times.
Those
people who kiss the cross shall be 20 years of age. Those less than 20 years of
age shall not kiss [the cross], and do not allow such [minors] to approach the
cross.
Those who
do not have any such slaves of their own shall kiss the cross for themselves.
2. If
someone himself, or his slaves for him, kiss the cross three times in different
suits; and if subsequently someone files a suit against him; or he himself
proceeds to sue someone, and in those cases an oath would be appropriate: and
if he desires either in the plaintiff's, or in his own, suit to kiss the cross
a fourth time: resolve that case by investigation. Do not grant him a
cross-kissing oath in that case. If there is no evidence on which to conduct an
investigation, resolve that case by torture.
3.
If Lithuanians, or Northern Europeans, or Tatars, or various other foreigners
proceed to sue Russians; and if in that suit of theirs it becomes necessary for
the Russians to kiss the cross and the foreigners to take an oath: in the
foreigners’ suits, take the oath from the Russians in the chancelleries where
the foreigner proceeds to sue, and keep a cross traced on an icon for that in
the chancellery.
Also,
if a Russian proceeds to sue a foreigner, and it becomes necessary to take an
oath from the foreigner: take an oath from the foreigners according to their
creed in the same chancelleries.
4.
If a person of the Muscovite state sues any foreigner for anything, and the
foreigner in that suit of his gives him the right to take an oath, and he in
that suit of his also wants to take an oath by kissing the cross: give him his
choice in that matter. If he in that suit of his does not want to kiss the
cross; or the foreigner proceeds to sue him himself for something; and in that
foreigner's suit he does not want to take an oath by kissing the cross; and he
proceeds to petition that he and the foreigner be given lots [to cast, to
determine] who should kiss the cross: grant them lots in that case. Whoever's
lot comes up, that one, kissing the cross shall take his own [property he
placed under the cross], or refuse to kiss the cross.
5.
If it becomes necessary for any slaves to kiss the cross for plaintiffs or
defendants, and they [the litigants] bring themselves to the cross [because]
they have no slaves; and those plaintiffs and defendants themselves are less
than 20 years of age, about age 15, and if they have no one to substitute for
them: those plaintiffs and defendants shall kiss the cross involuntarily, they
shall bring themselves to the cross, even though [that person is] less that] 20
years old.
But
no one less than 15 years of age shall kiss the cross. That person who is at
trial for them shall kiss the cross for them. Hirelings shall not kiss the
cross as substitutes. Do not bring them to the cross in any case.
6.
Present at the cross-kissing shall be a dvorianin and a scribe, plus sworn assistants from
the hundreds for protection. Plaintiffs and defendants shall kiss the cross in
their suits in September [and] October from the 2nd through the 6th hour of the
day; in November, December, January, and February, from the 1st through the 5th
hour of the day; in March April, May, and July, from the 2nd through the 7th
hour of the day; in July [and] August, from the 3rd through the 6th hour of the
day. Do not kiss the cross after the statutory hours and in the evening.
Order
plaintiffs and defendants to present themselves at the cross-kissing [in the
course of] three days. Direct the verdict against litigants in the following
situations: when a litigant, plaintiff or defendant, of his own volition does
not appear for the cross-kissing at the third session without [having
submitted] a petition [requesting further postponement of the case]; or does
appear, but does not kiss the cross during the statutory hours; or [when] a
litigant does not bring anyone to the cross during those hours.
7.
Concerning slaves who proceed to sue someone in their own suits, and in the
complaint he [sic] enters specifically the name of that one himself at whom the
complaint is directed, [that is,] his [the defendant's] slaves: and the
defendant has his slave take the oath; and he [the plaintiff] states the name
of that slave [whom he wishes to take the oath]: In such a case that slave of
the defendant shall kiss the cross, [and it shall be] that [particular] slave
of his who is named in the complaint, but not that person whom that defendant
mentions by name at the trial.
8.
Concerning plaintiffs who sue defendants for 300 rubles and more, and at trial
the defendant proposes the taking of an oath to the plaintiff: in that suit one
slave whom the defendant trusts shall kiss the cross.
If a defendant entrusts the oath to his
own slave, give the plaintiff a choice of a slave whom the plaintiff trusts.
If
someone, not departing from the trial, brings different suits against someone
in two or three petitions; and the defendant proposes to defend himself in all
of those suits by taking an oath; or he proposes that the plaintiff take an
oath; and besides the oath of kissing the cross there is no evidence on which
to give a verdict in such cases: in those suits the defendant or the plaintiff
shall kiss the cross separately in each suit.
9.
If someone kisses the cross, or if someone brings someone [else] to the cross
[to kiss it for him], and commits perjury, and that is established
conclusively: inflict on those people [slaves?] a severe punishment for that in
the manner described above this in [chapter 11 on the] judicial process for
peasants.
10.
In the canons of the Holy Fathers about the oath of kissing the cross the
following is written: If a Christian falsely leads [another] Christian to a
kissing of the cross; and he orders him to kiss the cross; and he [the latter]
kisses the cross [to prove] that his case is just: Basil the Great lays under a
six-year [ecclesiastical] censure such a person who takes an oath as a result
of coercion, that is, he separates him from the church, according to his 82nd
canon.
If
a magnate kisses the cross falsely, or orders another person to kiss the cross falsely:
clergymen shall not admit such people into the church of God, shall not enter
their houses, and shall not chant the divine liturgy in their houses.
If
a priest proceeds to chant the divine liturgy in anyone's house, and such oath
breakers who proceeded to kiss the cross falsely are also present there: cast
them out of such a temple.
Concerning
that person who kisses[1]
the cross falsely: Basil the Great in his 64th canon lays that person under
[ecclesiastical] censure for ten years: two years of weeping, three years of
listening to divine liturgy, four years of kneeling penance, and one year of
standing with the faithful, and then he is deemed worthy to partake of
communion.
On
that same subject, the 72nd novel of Emperor Leo the Wise commands the cutting
out of the tongue of the person who swears falsely, in case he is convicted [of
perjury]. If someone asks for penance, and the priest gives him a punishment
for those years, on Monday, Wednesday, and Friday he shall eat bread and warm
water once a day, on Tuesday and Thursday he shall eat bread and cabbage soup
twice [a day] without any fat.
For this reason spiritual fathers shall teach their
spiritual children and admonish them with the fear of God so that they will
live with love among themselves and in community [with one another]; will not
steal, and will not rob, and will not slander, and will not bear false witness,
and will not ravish someone else's [possessions], and will not themselves give
offense, and will not reproach [others] with foul speech, and will not take
false oaths by kissing the cross, and will not swear and take an oath in vain
in the Lord's name, because Orthodox Christians who take false oaths in the end
will be excommunicated according to the rules of the holy canons. The Cross was
given by Christ to Christians for consecration and enlightenment and to expel
enemies seen and unseen.
For that reason it behooves Orthodox Christians to revere
the holy cross with faith and truth, and purity; and to kiss that venerable
cross with fear and trepidation, and a clear conscience. Kissing the cross in
such a manner consecrates one and cures [one] of disease and various ailments.
To kiss
the cross not in [good] faith and not in truth, in a lie, is to be an
accomplice in that lie, a person is incurably harming himself. According to the
holy scripture, such a desecrator of the holy cross is considered a
Christ-killer.
The most
evil [offense] of all is to transgress the oath of kissing the cross, to kiss
falsely the holy cross, or the icon of the holy Mother of God, or an icon of
another saint.
Thus the Prophet Zechariah, seeing a fiery sickle descending
from heaven to the earth, asked, "Lord, what is this sickle?" And
[the Lord] said, "This is the wrath of God sent from the hand of God
against those who walk falsely to the oath. The flame will set them on fire,
and the soul is given up to an inextinguishable fire."
Write down this law from the canons of the Holy Apostles and
the Holy Fathers in extracts for the oath of kissing the cross in all judicial
cases. Order scribes to read aloud this law at the kissing of the cross to
plaintiff's and defendants in the presence of many people so that all people
will know about that, how it is written about the kissing of the cross in the
canons of the Holy Apostles and the Holy Fathers.
Concerning people who send a summons against someone for
small claims, a ruble or less than a ruble: grant those people [a trial by]
lots in their suit. But if someone proceeds to sue for more than a ruble, grant
a kissing of the cross in that suit.
[1] Takes a false oath (Matthew 5:114) [There is no "Matthew 5:114"; moreover, this phrase comes from the Stoglav (One Hundred Chapters), not the Bible – Translator].