CHAPTER 15. -- Cases That
Have Been Decided. In It Are 5
Articles.
1. If someone has a suit over some matter with
metropolitans, or with archbishops, or with bishops, or with monasteries; and
those high church officials settle those cases with them out of court; and they
confirm by officially registered notes that henceforth they will not revive
those cases; but subsequently other metropolitans, or archbishops, or bishops,
and, in monasteries, archimandrites, and hegumens, and cellarers, and stewards
are in those positions; and they proceed to revive those former cases, and
proceed to say about the former high church officials that those prior high
church officials settled the cases out of court and submitted the registration
notes unjustly: do not believe that petition of theirs. Do not retry those
cases. [Those old cases] shall remain as settled by the previous high Church
officials.
2. If any
service landholders or hereditary estate owners have a suit with someone about
peasants, or landless peasants, or lands, or any service [usufruct possessions]
and hereditary estate usufruct possessions; and they settle those cases with
them out of court; and they confirm with officially registered notes that
henceforth they will not revive those cases; but subsequently the service landholdings
or hereditary estates belonging to those service landholders and hereditary
estate owners are given to other service landholders or hereditary estate
owners; and the new service landholders or hereditary estate owners proceed to
revive those prior cases; and they proceed to testify about the former service
landholders and hereditary estate owners that those former service landholders
or hereditary estate owners settled those cases out of court and gave the
registration notes on themselves unjustly: do not believe that petition of the
new service landholders and hereditary estate owners. Do not revive the old
cases. Those old cases shall remain as settled by the previous service
landholders and hereditary estate owners.
3. If a
service landholder or an hereditary estate owner sets free his own peasant or
landless peasant from his own service landholding or hereditary estate and
gives him a manumission document; and that peasant or landless peasant is
registered under him in the cadastral books; and if subsequently that service
landholding or hereditary estate is given to someone else; and the new service
landholder or hereditary estate owner proceeds to petition about that peasant
or landless peasant whom the former service landholder or hereditary estate
owner had set free, [and alleges in his petition] that the former service
landholder or hereditary estate owner set free that peasant or landless peasant
wrongly and [requests] that that peasant or landless peasant be returned turned
to him; and if that peasant or landless peasant was set free from an hereditary
estate with a manumission document: do not return that peasant to the new
hereditary estate owner. But if the peasant was set free from a service
landholding: return that peasant to the new service landholder on the basis of
the cadastral books because it has been decreed that service landholders shall
not set free peasants from service landholdings.
4.
Concerning all judicial cases of people of all ranks in all chancelleries which
were resolved prior to this present Law Code by the sovereign's decree and by
decisions of the boyars: do not revive such judicial cases in the future. Those
cases shall remain as those cases were resolved previously.
The Arbitration Process
5. If a
plaintiff and a defendant, amicably agreeing among themselves, go to trial
before arbiters; and they give to their arbiters a memorandum on themselves in
which they agree to obey their arbitration decision; but if they do not proceed
to obey the arbitration decision: exact from them the sovereign's fine, as the
sovereign decrees, and the arbiters shall exact from them their dishonor
compensation.
Concerning
the case when, in response to that memorandum of theirs, the arbiters resolve
their case and give the plaintiff and the defendant differing decisions -- one
arbiter decides for the plaintiff and against the defendant, and the other
arbiter decides for the defendant and against the plaintiff: in response to a
petition from the plaintiff or from the defendant, remove that arbitration
case, and the decisions, and the arbiters' transcript from the arbiters to a
chancellery.
If that
memorandum is written down with a fine for the sovereign: resolve that
arbitration case according to the trial and according to the arbiters' decision,
which arbiters' decision will be written down according to the court record.
Concerning
that decision which is written unjustly: put aside that decision. Inflict a
punishment on that arbiter for that unjust decision, or collect a fine from him
that the sovereign decrees on the basis of the transcript. Moreover, order that
person against whom he gave the decision unjustly to exact from him .10 ruble
per day for maintenance expenses and compensation for the delay from that date
when that case was initiated through that date when the case is resolved.
If a fine
for the sovereign is not prescribed in an arbitration transcript: do not remove
that arbitration case from the arbiters to a chancellery.
If
arbiters resolve a case, and they both give a single decision in favor of the
person whose cause is just and against the guilty person; and that person
against whom they give the decision proceeds to petition against them to the
sovereign [and alleges] that they gave the decision against him unjustly: in response
to his petition, do not remove his case from the arbiters to a chancellery
because he himself chose those arbiters for himself. That case shall remain as
the arbiters decide.