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].