Extensive edition of Russian truth online. Document
1. If a husband kills his husband, then brother takes revenge on brother, or son on father, or son on brother, or son on sister; if no one takes revenge, then 40 hryvnia for the person killed. If the person killed is a Rusyn, or a Gridin, or a merchant, or
a snitch, or a swordsman, or an outcast, or a Slovenian, then pay 40 hryvnia for him.
2. If someone is beaten to the point of blood or bruises, then he does not need to look for a witness, but if there are no marks (of beatings) on him, then let him bring a witness, and if he cannot (bring a witness), then the matter is over. If (the victim) cannot take revenge for himself, then let him take 3 hryvnia from the perpetrator for the offense, and payment to the doctor.
3. If anyone hits someone with a stick, pole, palm, bowl, horn or the back of a weapon, pay 12 hryvnia. If the victim does not catch up with the one (the offender), then pay, and that’s the end of the matter.
4. If you hit with a sword without taking it out of its sheath, or with the hilt of a sword, then 12 hryvnia for the offense.
5. If he hits the hand, and the hand falls off, or withers, then 40 hryvnia, and if (hits the leg), and the leg
will remain intact, but will begin to limp, then the children (of the victim) will take revenge.
6. If anyone cuts off any finger, he pays 3 hryvnia for the offense.
7. And for a mustache 12 hryvnia, for a beard 12 hryvnia.
8. If someone draws a sword and does not hit, then he pays a hryvnia.
9. If the husband pushes the husband away from him or towards himself - 3 hryvnia - if he brings two witnesses to the trial. And if it is a Varangian or a kolbyag, then he will be sworn in.
10. If a slave runs and hides with a Varangian or a kolbyag, and they do not bring him out within three days, but discover him on the third day, then the master will take away his slave, and 3 hryvnia for the offense.
11. If anyone rides someone else’s horse without asking, then pay 3 hryvnia.
12. If someone takes someone else’s horse, weapon or clothing, and the owner identifies the missing person in his community, then he should take what is his, and 3 hryvnia for the offense.
13. If someone recognizes (his missing thing) from someone, then he does not take it, do not tell him that it is mine, but tell him this: go to the vault where you took it. If he does not go, then let him (provide) a guarantor within 5 days.
14. If someone collects money from another, and he refuses, then he will go to court with 12 people. And if he, deceiving, did not give it back, then the plaintiff can (take) his money, and for the offense 3 hryvnia.
15. If someone, having identified a slave, wants to take him, then the master of the slave should lead him to the one from whom the slave was bought, and let him lead him to another seller, and when he reaches the third, then tell the third: give me your slave, and you look for your money in front of a witness.
16. If a slave hits a free husband and runs into the mansion of his master and he begins not to give him up, then take the slave and the master pays 12 hryvnia for him, and then, where the slave finds the hit man, let him beat him.
Russian truth (Old RussianPRAVDA ROUSSKAYA , or RUSSIAN TRUTH) is the main source of legal, social and economic relations of the Old Russian state. His analysis, in my opinion, should be of interest to a fairly wide range of people who are interested in the legal history of the Russian state. Unfortunately, we do not have the original; all that has survived to this day are lists of Truths (more than 100), the oldest of which is considered the Brief Truth. It contains 43 articles, which are divided into articles 1-18 ( Yaroslav's truth) and from 19 to 41 ( Truth Yaroslavich). The last two are Pokon Virny or Lesson Yaroslavl(v.42) and Charter (Lesson) of Bridge Workers(v.43). Despite the fact that the Brief Truth consists of several parts, in reality it is a single whole, connected in structure and content, which indicates multiple editing and changes.
IN Novgorod first chronicle ml. persecution under 1016 contains a story about the struggle of Yaroslav the Wise with Svyatopolk, after defeating whom at Lyubech, Yaroslav sat down to reign in Kyiv, and rewarded the Novgorodians who helped him in the fight with money and grants them diploma. Then the chronicle provides the text Brief Truth . When compilingRussian Truth(Short and Long editions) were usedn forms " Russian law"(probably oral traditional law), as an earlier source of law in Rus'.
Article 1 states:
To kill a man's husband, then to take revenge on a brother's brother, or a father's son, or a father's son, or a brother's son, or a sister's son; If someone doesn’t strike you with revenge, then 40 hryvnia for your head; If you find a Rousin, Lubo Gridin, Lubo Kupchina, Lubo Yabetnik, Lubo Swordsman, if you find an outcast, Lubo Slovene, then put 40 hryvnia for it.
Translation: " If a husband kills a husband, then he must take revenge on his brother's brother, or on his father's son, or on his son's father, or on his brother's brother, or on his son's sister; If there is no one seeking revenge, then 40 hryvnia per head.
If the person killed is a Rusyn, or a Gridin, or a merchant, or a snitch, or a swordsman, or an outcast, or Slovenia, then 40 hryvnia must be paid for him ».
Here you can see traces of the characteristic traditional societies principle of responsibility - blood feud. But the first ones have already been introduced legal concepts: husband - free man; Rusyn - junior princely warrior: gridin- representative of the fighting squad;Kupchina - a warrior engaged in trade; Yabetnik- a vigilante associated with a trial; swordsman- fine collector; outcast - a person who has lost touch with the community;Slovenian - a resident of Slovenian, i.e. Novgorod land, in this context - an ordinary resident.
Blood feud appeared in primitive society, where there were no other means of legal regulation. It reflects principle of equal retribution for crime which is in the Old Testament formulated as "an eye for an eye a tooth for a tooth": for causing damage to property, the perpetrators are liable with the corresponding property, for causing harm to health - with appropriate material compensation, for murder - with exile or death, which corresponds to the simplest human understanding of justice.
The basis of traditional societies was the social structure, which is characterized by a rigid class hierarchy, the existence of stable social communities (especially in the countries of the East), a special way of regulating the life of society, based on traditions and customs. A traditional person perceives the world and the established order of life as something inextricably integral, sacred and not subject to change. A person's place in society and his status are determined by tradition and social origin. The agrarian economy predominates, individualism is not encouraged (since freedom of individual action can lead to a violation of the established order, time-tested). The departure from traditional society was associated, as a rule, with the development of trade.
Since the founding of ancient Russian statehood inVIII-IX centuries and before the Mongol invasion, trade in Rus' was of great importance. Foreign trade especially stood out; it was an important component of the economy of the ancient Russian principalities; it was probably even more the basis of the economy of that time (trade in slaves, furs and handicrafts). Trade routes are being established: the Volga trade route, the trade route to Zavolochye and the trade route “from the Varangians to the Greeks”. The formation of monetary circulation in the Slavic lands of Eastern Europe also occurs at the turn of the 8th-9th centuries.when active trade between Northern and Eastern Europe and the countries of the Caliphate began. Eastern European countries, deprived of large ore reserves of the coin metal, actively imported silver. Against the background of the different attraction of the northern and southern regions of Rus' to international markets, two territorial systems emerged - in Southern Rus' (Kyiv, Chernigov, Smolensk, etc.), the main means of circulation were cut-outs from dirhams weighing 1.63 grams, constituting 1/200 of a Byzantine liter. Similar cuttings were used in the lands of Northern Rus' (Novgorod, Pskov), but their weight was 1.04 grams or 1/200 silver hryvnia.
Undoubtedly, both internal and external trade left its mark on the development of society and the formation of the legal system of Ancient Rus', therefore, despite the preservation revenge rights much more progressive appears - monetary recovery or punishment (court fines), as a natural evolution of the development of society and statehood.
Only in Article 1 of the Russian Truth is punishment in the form of death as revenge possible; in other articles it is never mentioned. This is most likely due to the influence of the Christian Church, which opposed the death penalty, on the law. Nothing is said about corporal punishment or imprisonment.
It would be possible to correlate 1 article of Russian Pravda with other sources of Russian law, for example, according to Treaty with Byzantium in 911 anyone could kill the murderer at the crime scene with impunity. Treaty with Byzantium in 945 gives the right to life for the killer to the relatives of the murdered person, regardless of the degree of relationship, but the extent to which these sources are used in everyday life has not been fully studied.
Russian Truth, in turn, limits the circle of avengers to two degrees of the closest relatives of the murdered person (father, son, brothers, nephews). And “The Truth of the Yaroslavichs” (c. 1072-73) completely excludes blood feud from its composition, prohibiting anyone from killing a murderer, allowing the relatives of the murdered person to enjoy a certain monetary compensation from the murderer. Thus, the state's right to the person and property of the criminal is expanded. Also, it should be noted that the prince can at any time intervene in the custom of using blood feud; the murderer has the opportunity to redeem himself through the mediation of the prince (although, without a doubt, he could have reached an agreement with the relatives of the murdered person before). At this time, a special category of people is distinguished, cut off from their community ( merchants, outcasts), as well as numerous princely warriors and servants ( gridni, yabetniks, swordsmen, firemen, etc..), who needed special princely protection, because Having broken with the community for various reasons, they lost a protector in its person. Now the prince was to become their new protector, so they were interested in strengthening princely power. In turn, restraining the lynching of the community, the prince introduced his own measure of punishment - virus, i.e. a fine of 40 hryvnia, paid for murder to the princely treasury.
Undoubtedly, the ancient custom of blood feud did not suit either the prince, who was interested in weakening the communal courts that interfered with the centralization of power, or the Christian church with its new standards of morality and ethics, but, being very widespread, it could not be eliminated immediately. Therefore, it can be assumed that the prince gives his sanction for blood feud, enshrining this provision in Article 1 of Yaroslav’s Truth. Thus, blood feud in Russian Pravda has a pronounced transitional character from direct reprisal of the clan to punishment imposed and executed by the state. But it should be noted that blood feud applies only in the case of the murder of a free person by a free person. And only after the death of Yaroslav the Wise, “ HAVING GATHERED AGAIN, HIS SONS IZYASLAV, SVYATOSLAV, VSEVOLOD AND THEIR HUSBANDS KOSNIACHKO, PERENEG, NIKIFOR CANCELLED THE BLOOD REVENGE FOR THE MURDER, AND DECIDED TO BE RANSED OFF WITH MONEY».
The action of Russian Truth, despite its antiquity and some archaism, was very long and even during the period of expansion of the Grand Duchy of Lithuania into Russian lands(XIII- XIV centuries) the most important legal principle was “ WE DO NOT DESTROY ANTIQUES, WE DO NOT INTRODUCE NEW PRODUCTS» .
Russian Truth satisfied the needs of princely courts so well that it was included in legal collections until the 15th century. Lists of it were actively distributed back in the 15th - 16th centuries. And only in 1497, the Code of Law of Ivan III Vasilyevich was published, replacing the Russian Truth as the main source of law in the territories united within the centralized Russian state.
Undoubtedly, Russian Truth is a unique monument of ancient Russian law, being the first written code of laws, which traces its evolution and development using the example of 1 article.
IV. PECHERSK ASCETS. THE BEGINNING OF BOOK LITERATURE AND LEGISLATION
(continuation)
Origin of Russian Truth. - Judicial rule. - Difference by class. – Economy and trade. - Woman. - Foreigners.
A very important monument to the civil status of Rus' in those days dates back to the era of Yaroslav, his sons and grandsons. This is the so-called Russian Truth, or the first recorded collection of our most ancient laws. Among the Russians, as elsewhere, established customs and relationships served as the basis for legislation. The first collections of laws usually responded to the needs of court and reprisal as the most necessary conditions for a somewhat organized human society. The most important social need is to protect personal and property security; and therefore all ancient legislation is primarily criminal in nature, i.e. First of all, it determines punishments and penalties for murder, beatings, wounds, theft and other crimes against person or property.
The beginning of Russian Truth goes back to times more ancient than the reign of Yaroslav. Already under the first historically known prince of Kiev, under Oleg, there are references to articles of Russian law, namely in the treaty with the Greeks. The same instructions are repeated in Igor’s contract. Yaroslav, known for his love for the zemstvo organization and the book business, apparently ordered the collection of rules and customs related to legal proceedings and the compilation of a written code to guide judges for the future. The first article of this code determines the penalty for the most important crime, for murder. This article represents a clear transition from a barbaric, almost primitive, state to a more civil state. Among the Russians, like other peoples who were at low levels of social development, personal safety was protected primarily by the custom of family revenge, i.e. the duty for the death of a relative to avenge the death of the murderer. With the adoption of Christianity and the success of citizenship, this article naturally had to be softened or changed, which did not happen suddenly, but very gradually, because the custom of bloody revenge was so ingrained in popular morals that it was not easy to eradicate it. Vladimir the Great, according to the chronicles, is already wavering between the death penalty and vira. After his baptism, under the influence of the new religion, he apparently abolished the death penalty and the right of bloody revenge, and imposed a monetary penalty, or vira, for murder; then, when the robberies increased, on the advice of the bishops themselves, he began to execute the robbers by death; and in the end he again canceled the execution and ordered that the penalty be exacted.
Yaroslav in the first article of Russian Pravda allowed bloody revenge for murder, but only to close relatives, namely sons, brothers and nephews. If there were no locals (due to the lack of close relatives or their refusal to take bloody revenge), then the killer must pay a certain fee. But this exception for close degrees of kinship existed only before the sons of Yaroslav.
After him, Izyaslav, Svyatoslav and Vsevolod gathered for a general council on the structure of the zemstvo together with their main boyars; there were thousand people, Kiev Kosnyachko, Chernigov Pereneg and Pereyaslav Nikifor, in addition, boyars, Chudin and Mikula. They revised the Russian Truth, supplemented it with new articles and, by the way, completely abolished the right of bloody revenge, replacing it with vira in all cases for a free person. Vladimir Monomakh, soon after his approval in Kyiv, began a new revision of the Russian Truth, caused, of course, by new circumstances and developing needs. In his country courtyard on Berestov, he, according to custom, for advice on such an important matter, called his thousand, Ratibor of Kyiv, Procopius of Belgorod, Stanislav of Pereyaslavl, boyars Nazhir and Miroslav. In addition, Ivanko Chudinovich, boyar of Oleg Svyatoslavich, was present at this council. Vladimir’s most important addition seems to have related to the statute of cuts, or growth; Let’s not forget that after the death of Svyatopolk-Mikhail, the people of Kiev rebelled and plundered the Jews, who, of course, aroused hatred towards themselves with their usual covetousness. Additions and changes to Russian Pravda continued after Monomakh; but its main parts remained the same.
Let us now see in what form the social concepts and relations of our ancestors appear before us on the basis of Russian Truth.
At the head of the entire Russian land is the Grand Duke of Kiev. He takes care of the zemstvo system, establishes justice and punishment. He is surrounded by boyars or senior squads, with whom he consults about all important matters, confirms old statutes or makes changes to them. In zemstvo affairs, he especially consults with the thousand; their name indicates the military-popular division that once existed into thousands and hundreds; but in this era, by all indications, these were the main zemstvo dignitaries, appointed from among the honored boyars and helping the prince in governance; a thousand no longer designated a numerical division as a zemstvo or volost division. Sometimes the Grand Duke, to resolve the most important zemstvo affairs, gathers the elders among the appanage princes, such as Izyaslav and Svyatopolk II. But Yaroslav and Vladimir Monomakh, who knew how to actually be the head of the princely house, issue statutes for the entire Russian land, without asking the necessary consent of the appanage princes.
Reading the Russian Truth to the people in the presence of Grand Duke Yaroslav the Wise. Artist A. Kivshenko, 1880
The place for the court is the court of the prince, and in regional cities - the court of his governor; the court is carried out by the prince personally or through his tiuns. In determining the different degrees of punishment, the division of the people into three states, or three classes, is clearly visible: the princely squad, the smerds and the slaves. The bulk of the population were smerds; it was a general name for free residents of cities and villages. Another common name for them was people, in the unit. number of people For the murder of a human being, a vira, or fine, was paid, determined at 40 hryvnia. The highest status was the military class, or princely squad. But the latter also had different degrees. Simple warriors bore the names of children, youths, gridi and swordsmen; for the murder of such a simple warrior, an ordinary vire was assigned, as for a merchant or other smerd, i.e. 40 hryvnia. The senior warriors were people close to the prince, his boyars or, as they are called in Russian Pravda, princely men. For the murder of such a husband, double fines are imposed, i.e. 80 hryvnia. Judging by this double version, Pravda also includes among the “princely men” the chief princes, or servants, who filled the positions of judges, housekeepers, village elders, senior grooms, etc. The people of Dorogobuzh once, under Izyaslav Yaroslavich, killed the equerry tyun, who was part of the herd of the Grand Duke; the latter imposed a double virus on them; This example is turned into a rule in similar cases and for the future.
Next to the free population in cities and villages lived unfree people who bore the names of serfs, servants, and slaves. The initial source of slavery in ancient Russia, as elsewhere, was war, i.e. the prisoners were turned into slaves and sold along with any other booty. Russian Truth defines three more cases when a free person became a full or white slave: who is bought in front of witnesses, who marries a slave without a row, or an agreement with her master, and who goes without a row to tiuns or key holders. The serf had no civil rights and was considered the complete property of his master; for the murder of a serf or a slave there was no punishment; but if someone kills someone else’s slave innocently, he had to pay the lord the cost of the murdered person and the prince 12 hryvnia so-called. sale (i.e. penalty or fine). In addition to the full serfs, there was also a semi-free class, hirelings, or purchases; these were workers hired for a certain period of time. If a worker, having taken the money in advance, ran away from the master, then he turned into a complete or white slave.
If the killer escaped, then the virus had to pay the rope, i.e. community, and such a vira was called wild. Then penalties for wounds and beatings are determined. For example, for cutting off a hand or other important injury - half a vira, i.e. 20 hryvnia, to the prince's treasury; and for the mutilated - 10 hryvnia; for a blow with a stick or an undrawn sword - 12 hryvnia, etc. The offended person must first of all announce the theft at the auction; if he did not announce it, then, having found his thing, he cannot take it himself, but must take it to the vault of the person from whom he found it, i.e. find the thief, gradually moving on to each person from whom the item was acquired. If the thief is not found and the community, or the community, does not provide all the necessary assistance, then it must pay for the stolen item. A thief caught in the act at night could be killed with impunity “in place of the dog”; but if the owner kept him until the morning or tied him up, then he should already lead him to the prince’s court, i.e. submit to court. To prove the crime, the plaintiff was obliged to provide evidence and hearings, i.e. witnesses; In addition to witnesses, a company, or oath, was required. If no witnesses or clear evidence of the crime were presented, then a test with hot iron and water was used.
For unimportant crimes, the perpetrator paid a sale, or penalty, to the prince's treasury; and the more important ones, such as robbery, horse theft and incendiary, led to a flood, or imprisonment, and plunder of property. Part of the vir and sales was assigned to the prince's servants, who helped carry out the trial and reprisal and were called virniks, metelniks, yabetniks, etc. In the regions, during the trial and investigation, these princely servants and their horses were maintained at the expense of the residents. Repayments, or interest, are allowed in monthly and third periods, the former only for short-term loans; for too large cuts the moneylender could be deprived of his capital. Allowed cuts extended to 10 kunas per hryvnia per year, i.e. up to 20 percent.
Along with agriculture, cattle breeding, hunting and livestock, or beekeeping, also had an important place in the Russian economy of that time. For theft or damage to any livestock, a special penalty has been established, namely for a mare, ox, cow, pig, ram, sheep, goat, etc. Special care is seen for horses. The horse thief was given to the prince for free, while the caged thief paid the prince 3 hryvnia as a penalty. If anyone mounts someone else's horse without the owner's permission, he is punished with a three-hryvnia penalty. For digging up boundaries, bevels and rolls (arable land), 12 hryvnias of sale are assigned; the same amount for cutting down a boundary oak and for cutting a side sign. Beekeeping, obviously, was still primitive, forest, and property was indicated by special signs notched on the sides, i.e. in hollows that served as hives. For damaging the advantage, the culprit paid the owner a hryvnia, and the prince a penalty of 3 hryvnia. An advantage was a net set up in a clearing in the forest or some other place with special devices for catching wild birds. The unthreshed grain was stored on the threshing floor, and the threshed grain was hidden in pits; for the theft of both, 3 hryvnia and 30 kuna were charged for sale, i.e. fine the prince; and the offended person was either given back what was stolen, or a lesson was paid, i.e. its cost. For burning down someone else's threshing floor or yard, the culprit not only paid the victim for his entire loss, but he himself was handed over to the prince for free, and his house was handed over to the prince's servants for plunder.
Russian Truth also testifies to the development of trade, which was quite significant for that time. It protects, for example, a merchant from final ruin in the event of an accident. If he has lost the goods entrusted to him due to a shipwreck, war or fire, he is not responsible; but if he loses or spoils it through his own fault, then the trustees do with him as they wish. Obviously, trade in Rus' was then conducted largely on faith, that is, on credit. In the event of various debts being presented against a merchant, the foreign guests or traders who trusted him were first to be satisfied, and then their own, native ones, from the remains of their property. But if anyone had a princely debt, then the latter was satisfied first of all.
Corporal punishment, judging by Russian Pravda, was not allowed for a free person in those days; they existed only for slaves. Free people also differed from the latter in that they carried weapons with them, at least they had or could have a sword at their hip.
The rights of women under this ancient legislation are not clearly defined; but her position was not without rights at all. So, for the murder of a free woman half a vira is paid, i.e. 20 hryvnia. The inheritance (ass) of the smerd, who left no sons, goes to the prince, and only the unmarried daughters are given a certain part. But in the boyar and generally in the druzhina class, if there are no sons, then the daughters inherit the parental property; with sons they do not inherit; and brothers are only obliged to marry off their sisters, i.e. bear the associated costs. Children born to slaves do not inherit, but receive freedom along with their mother. The widow only wears what her husband has prescribed for her; however, she manages the house and the estate of young children, unless she remarries; and the children are obliged to obey her.
Russian Pravda partly divides the various populations of Ancient Rus' by class or occupation by region. So, she distinguishes between Rusin and Slovenin. The first obviously means a resident of Southern Rus', especially the Dnieper region; and under the second - a resident of the northern regions, especially the Novgorod land. In addition, Pravda mentions two foreign categories, namely the Varangians and Kolbyagi. For example, if a runaway slave hid with a Varangian or a kolbyag and the latter holds him for three days without announcing him, then he pays three hryvnias to the slave’s owner for the insult. On charges of fighting, only a company was required from a Varangian or Kolbyag, i.e. oath; whereas the native had to present two more witnesses. In the case of slander (accusation of murder), a full number of witnesses was required for the native, i.e. seven; and for the Varangian and Kolbyag - only two. In general, the legislation clearly shows protection or mitigation of conditions for foreigners. These articles confirm the constant presence of the Varangians in Rus' in the 11th and 12th centuries, however, from the second half of the 11th century, more as traders than mercenary warriors. It has not yet been decided exactly who the kolbyags were. The most likely opinion is that they mean the southeastern foreigners of Ancient Rus', known in part under the name of the Black Klobuks.
The truth does not mention the custom that was known among medieval peoples under the name of the Judgment of God, i.e. about the trial fight. But this custom, undoubtedly, existed in Rus' since ancient times and was completely in the spirit of the warlike Russian tribe. When two litigants were dissatisfied with the court verdict and could not come to any agreement, then, with the permission of the prince, they settled their litigation with the sword. Opponents entered into battle in the presence of their relatives, and the vanquished surrendered to the will of the winner.
Page of the Trinity List of Russian Truth. XIV century
... Let's move on to the social division of ancient Kievan Rus. It should be noted that a society at the first stage of development always has the same social division: among all the peoples of the Aryan tribe we find the following three groups: 1) the bulk (people in Kievan Rus), 2) a privileged layer (elders, boyars) and 3) slaves deprived of their rights (or slaves in the ancient Kiev language). Thus, the original social division was created not by some exceptional local historical condition, but by the nature of the tribe, so to speak. Already before the eyes of history, local conditions have developed and grown. Evidence of this growth is “Russkaya Pravda” - almost the only source of our judgments about the social structure of Kievan Rus. It has come to us in two editions: short and lengthy. The brief consists of 43 articles, of which the first 17 follow each other in a logical system. The Novgorod Chronicle, which contains this text of Pravda, passes it off as laws issued by Yaroslav. The short edition of Pravda differs in many ways from several lengthy editions of this monument. It is undoubtedly older than them and reflects Kiev society in the most ancient period of its life. The lengthy editions of Pravda, already consisting of more than 100 articles, contain in their text indications that they arose as a whole in the 12th century, not earlier; they contain the laws of the princes of the 12th century. (Vladimir Monomakh) and depict to us the society of Kievan Rus in its full development. The diversity of the text of different editions of Pravda makes it difficult to resolve the question of the origin of this monument. Old historians (Karamzin, Pogodin) recognized "Russian Truth" as the official collection of laws compiled by Yaroslav the Wise and supplemented by his successors. In later times, Pravda researcher Lange held the same opinion. But most scientists (Kalachev, Duvernois, Sergeevich, Bestuzhev-Ryumin, etc.) think that Pravda is a collection compiled by private individuals who, for their personal needs, wanted to have a set of legislative rules in force at that time. According to V. O. Klyuchevsky, “Russian Truth” arose in the church sphere, where there was a need to know the worldly law; This law was written down here. The private origin of "Russian Truth" is most likely because, firstly, in its text one can indicate articles not of legal, but of economic content, which were important only for private life, and, secondly, the external form of individual articles and entire editorial boards " Pravda" has the character of private records compiled as if by outside spectators of the prince's legal education activities.
Studying from the “Russian Truth” and from the chronicles the composition of the ancient Kyiv society, we can note its three oldest layers: 1) the highest, called the “city elders”, “human elders”; This is the zemstvo aristocracy, to which some researchers include the Ognishchans. We have already spoken about the elders; As for the fires, there are many opinions about them. Old scientists considered them to be homeowners or landowners, deriving the term from the word fire (in regional dialects it means a hearth or arable land on a burning site, i.e. on the site of a burnt forest); Vladimirsky-Budanov says in his “Review of the History of Russian Law” that senior warriors were first called “ognishchans,” but immediately adds that the Czech monument “Mater verborum” interprets the word ognishchanin as “freedman” (“libertus, cui post servitium accedit libertas"); The author thinks to hide the apparent contradiction by the consideration that the senior warriors could come from the younger, involuntary servants of the prince. The word fire in ancient times really meant a slave, a servant, in this sense it is found in the ancient, 11th century, translation of the Words of Gregory the Theologian; Therefore, some researchers (Klyuchevsky) see slave owners in the fires, in other words, rich people in that ancient period of society, when not land, but slaves were the main type of property. If you pay attention to the articles of the lengthy "Russian Pravda", which, instead of the "ognishchanin" of the short "Russian Pravda", talk about the "prince's husband" or "the fiery tiun", then one can consider the ognishchanin precisely for the prince's husband, and in particular for the tiun , head of the prince's slaves, i.e. for the person preceding the later courtiers or butlers. The position of the latter was very high at the princely courts, and at the same time they could themselves be slaves. In Novgorod, it seems, not only butlers, but the entire princely court (later nobles) were called firemen. So, therefore, it is possible to mistake the Ognishchans for noble princely men; but it is doubtful that the Ognishchans were the highest class of zemstvo society. 2) The middle class consisted of people (singular people), men, united in communities, faiths. 3) Serfs or servants - slaves and, moreover, unconditional, full, white (obly - round) were the third layer.
Over time, this social division becomes more complex. At the top of society there is already a princely squad, with which the former upper zemstvo class merges. The squad consists of an older one ("thinking boyars and brave men") and a younger one (youths, gridi), which also includes the prince's slaves. The princely administration and judges (mayor, tiun, virniki, etc.) are appointed from the ranks of the squad. The class of people is definitely divided into city dwellers (merchants, artisans) and villagers, of which free people are called smerds, and dependent people are called purchasers (role purchase, for example, is called a rural agricultural farm laborer). Purchases are not slaves, but they are the beginning of a class of conditionally dependent people in Rus', a class that over time replaced complete slaves. The squad and people are not closed social classes: it was possible to move from one to another. The main difference in their position was, on the one hand, in their attitude towards the prince (some served the prince, others paid him; as for the slaves, they had their master as their “master”, and not the prince, who had nothing to do with them), and on the other hand, in the economic and property relations of social classes among themselves.
We would be making a big mistake if we did not mention a completely special class of people in Kyiv society, a class that obeyed not the prince, but the church. This is a church society consisting of: 1) hierarchy, priesthood and monasticism; 2) persons who served the church, clergy; 3) persons looked after by the church - old, crippled, sick; 4) persons who came under the care of the church - outcasts, and 5) persons dependent on the church - “servants” (slaves), donated to the church from secular owners. The church charters of the princes describe the composition of the church society as follows:
"And these are the church people: the abbot, the abbess, the priest, the deacon and their children, and those who are in the wing: the priest, the monk, the monk, the marshmallow, the pilgrim, the sveshchegas, the watchman, the blind man, the lame man, the widow, the freedman (i.e., the one who received miraculous healing), a soulless person (i.e., freed according to a spiritual will), outcasts (i.e., persons who have lost their civil rights); ... monasteries, hospitals, hotels, hospices, then church people, almshouses." The church hierarchy is in charge of the administration and the court of all these people: “Either the metropolitan or the bishop knows whether there is a trial or an offense between them.” The church creates a firm social position for outcasts and slaves and all its people, gives them the rights of citizenship, but at the same time removes them completely from secular society.
The social division of Kyiv society became so developed and complex by the 12th century. Previously, as we have seen, society was simpler in composition and was dismembered before the eyes of history...
S. F. Platonov. Lectures on Russian history
1. If the husband kills the husband, then take revenge on brother for brother, or on father, or on son, or on cousin, or on brother’s son; if none [of them] will take revenge for him, then assign 80 hryvnia for the murdered man, if he is a prince’s husband or a prince’s thiun; if he is a Rusyn, or a Gridin, or a merchant, or a boyar tyun, or a swordsman, or an outcast, or from Slovenia, then assign 40 hryvnia for him.
2. After the death of Yaroslav, having gathered again, his sons, Izyaslav, Svyatoslav, Vsevolod, and their husbands, Kosnyachko, Pereneg, Nikifor, abolished revenge for the murdered man, replacing it with ransom in money; and everything else - as Yaroslav judged, so his sons established.
3. About murder. If someone kills the prince's husband in robbery, and they are not looking for the killer, then a vira of 80 hryvnias will be paid to the rope where the murdered man lies, but if a simple free person, then 40 hryvnias.
4. If any rope will pay wild vira (Note: collective payment of vira for someone else’s guilt), let him pay that vira for as long as he will pay, because they pay without the criminal.
5. If the criminal is a member of their band, then in this case help [community members] the criminal, since he previously helped them [pay the band]; if you [pay] wild vira, then pay them all together 40 hryvnia, and for the crime pay the criminal himself, and from the joint payment of 40 hryvnia pay him his part.
6. But if [someone] killed openly, during a quarrel or at a feast, then now he will be paid along with the rope, since he also invests in the virus.
7. If [someone] commits murder without reason. [If someone] committed a murder without any quarrel, then people do not pay for the murderer, but let them hand him over with his wife and children to exile and plunder.
8. If someone does not invest in wild virus, people do not help him, but he pays himself.
9. And these are the virny decrees that were under Yaroslav: the virnik should take 7 buckets of malt for a week, as well as a lamb or half a carcass of beef, or 2 nogat; and on Wednesday kuna or cheese, on Friday the same amount, two chickens for him per day, and 7 loaves for the week, and 7 harvests of millet, and 7 harvests of peas, and 7 golvazhen salts; all this is for the virnik and the youth, and they keep four horses, for each horse they give oats: for the virnik - 8 hryvnia, and 10 kunas for the transfer [to give], and for the snowstorm - 12 veksh, and also a shady hryvnia.
10. About viruses. If the vira is 80 hryvnia, then the virnik is 16 hryvnia and 10 kuna and 12 veksha, and previously - a slaughtered hryvnia, and for the killed - 3 hryvnia.
11. About the princely youth. If for a princely youth, or for a groom, or for a cook, then [vira] 40 hryvnia.
12. And for the fire tiun and for the groom - 80 hryvnia.
13. And for the tiun of a princely villager or one in charge of arable work - 12 hryvnia.
14. And for a rower - 5 hryvnia. The same amount for a boyar [ryadovich].
15. About the artisan and the artisan. And for a craftsman and a craftswoman - 12 hryvnia.
16. And for a stinker and a serf 5 hryvnia, and for a robe - 6 hryvnia.
17. And for the breadwinner 12 hryvnia, the same for the wet nurse, although it will be a slave or a robe.
18. About the unproven charge of murder. If there is an unproven charge of murder against someone, then present 7 witnesses so that they will deflect the accusation; if [the accused] is a Varangian or some other [foreigner], then present two witnesses.
19. But for the remains and for the dead person, if his name is not known and he is unknown, then the rope does not pay.
20. If the murder charge is dropped. And if someone withdraws the charge of murder, then he gives the youth a hryvnia kun for acquittal; and whoever accused him without proof, then give him another hryvnia, and for help in dismissing the charge of murder, 9 kunas.
21. If they are looking for a witness and do not find him, and the plaintiff is accused of murder, then judge them by testing with iron.
22. Likewise in all court cases, about theft and slander, if there is no red-handed action, and the claim is not less than half a hryvnia of gold, then the defendant must be forced to be tested with iron; if the claim is less significant, then to trial by water; if up to two hryvnias or less, then he must take a judicial oath in relation to his kunas.
23. If someone strikes with a sword. If someone strikes with a sword without drawing it, or with the hilt, then a 12 hryvnia fine in favor of the prince for the offense.
24. If, having drawn out the sword, he does not strike, then the hryvnia is kun.
25. If someone hits someone with a batog, or a bowl, or a horn, or the back of a weapon, then 12 hryvnia.
26. If someone, unable to resist, strikes with a sword the one who struck the blow, then he is not to blame for this.
27. If he cuts his hand and the arm falls off or withers, or a leg, or an eye or nose is damaged, then half a virion is 20 hryvnia, and the victim for the injury is 10 hryvnia.
28. If any finger is damaged, the prince will be fined 3 hryvnia, and the victim will be fined one hryvnia kun.
29. If a bloody person comes. If a person comes to the [prince’s] courtyard, bloodied or beaten to the point of bruises, then do not look for witnesses for him, but pay him [the culprit] a fine of 3 hryvnia to the prince; if there are no signs of beatings, then bring him a witness in accordance with the words of his testimony; and whoever started the fight must be paid 60 kunas, even if a bloody [person] comes, but he himself started it, and witnesses come, then he must be paid for it, even though he was beaten.
30. If [someone] hits with a sword, but is not hacked to death, then 3 hryvnia, and the [victim] himself has a hryvnia for the wound for treatment; if he is hacked to death, then pay the viru.
31. If a person pushes a person towards him or away from him, or hits him in the face, or hits him with a pole, and two witnesses are presented, then a fine of 3 hryvnias to the prince; if there is a Varangian or a kolbyag, then bring the full number of witnesses [also two] to the court and let them take the judicial oath.
32. About servants. If the servant disappears and is announced at the auction, but is not returned within 3 days, then if he is identified on the third day, [the master] should take back his servant, and that [the concealer] should pay a fine of 3 hryvnia to the prince.
33. If someone mounts someone else's horse. If someone sits on someone else’s horse without asking, then 3 hryvnia.
34. If someone’s horse, weapon or clothing disappears and he announces it at the auction, and then recognizes the loss in his city, then take what he has and pay him 3 hryvnia for the damage.
35. If someone recognizes something that is lost or stolen from him, or a horse, or clothing, or cattle, then do not say to the person [from whom the loss was discovered]: “This is mine,” but go to the vault where he took it, let him if [the parties to the transaction] come together and find out who is to blame, he will be charged with theft; then the plaintiff will take his, and what was lost along with it, the guilty party will pay him; if there is a horse thief, then hand him over to the prince for exile; if a thief robbed a cage, then he should be paid 3 hryvnia.
36. About the vault. If there is [a code] in one city, then the plaintiff must go to the end of this code; if there is a code for [different] lands, then it should go to the third code; and in relation to the cash [stolen] thing, then pay the third [defendant] in money for the cash thing, and with the cash thing go to the end of the arch, and let the plaintiff wait for the rest [of the missing], and where they find the last [according to the arch], then he pay for everything and fine the prince.
37. About theft. If [someone] bought something stolen at a trade, or a horse, or clothing, or cattle, then let him bring two free men or a trade tax collector as witnesses; if he does not know from whom he bought it, then let those witnesses take a judicial oath in his favor, and let the plaintiff take his stolen property; and what was lost along with this, he will only regret about it, and the defendant will regret his money, since he does not know from whom he bought the stolen goods; If later the defendant identifies who he bought it from, then let him take his money from him, and let him pay [for everything] that he [the defendant] lost, and the prince a fine.
38. If someone identifies [his] servants. If someone recognizes his stolen servant and returns it, then he must lead him through monetary transactions to the third vault and take the servant from the third defendant instead of his own, and give him the identified one: let him go to the last vault, because he is not cattle, you cannot tell him : “I don’t know who I bought it from,” but follow the servant’s testimony to the end; and when the true thief is identified, then again return the stolen servants to the master, and take the third defendant his own, and pay the same thief for the damage [to the plaintiff], and pay the prince 12 hryvnias for the theft of the servants.
39. About the vault. And from one’s own city to a foreign land there is no code, but also to present to [the defendant] witnesses or the tax collector before whom the purchase was made, and to the plaintiff to take the cash, and only regret the rest that was lost with him, and to the one who bought the stolen goods , regret your money.
40. About theft. If someone is killed at the cage or during any other theft, then he can be killed like a dog; if they hold him until dawn, then lead him to the princely court; if they kill him, and people saw him already tied up, then pay 12 hryvnia for him.
41. If someone steals cattle in a barn or cage, then if one [stole], then pay him 3 hryvnia and 30 kuna; if there are a lot of them [stolen], then everyone should pay 3 hryvnia and 30 kuna.
42. About theft. If he puts cattle in the field, or sheep, or goats, or pigs, then 60 kunas; if there are a lot of thieves, then everyone will receive 60 kunas.
43. If he steals on a threshing floor or grain in a pit, then how many of them were stolen, 3 hryvnias and 30 kunas for everyone.
44. And whoever has [what] is missing, but is [discovered] in stock, let him take it in cash, and for [every] year let him take half a hryvnia.
45. If there is no cash, and it was a prince’s horse, then pay 3 hryvnia for it, and 2 hryvnia for others. And this is a decree about livestock. For a mare - 60 kunas, and for an ox - hryvnia, and for a cow - 40 kunas, and for a three-year-old - 30 kunas, for a one-year-old - half a hryvnia, for a calf - 5 kunas, for a pig - 5 kunas, and for a piglet - nogata, for for a sheep - 5 kunas, for a ram - nogat, and for a stallion, if it is not broken - hryvnia kuns, for a foal - 6 nogat, for cow's milk - 6 nogat; This is a decree for smerds if they pay a fine to the prince.
46. If the thieves turn out to be slaves, then the court is princely. If the thieves turn out to be slaves, or princely, or boyars, or belonging to monks, then the prince will not punish them with a fine, because they are not free, but let [their master] pay double to the plaintiff for the damage.
47. If anyone demands money [from someone]. If someone demands money from another, and he refuses, then if [the plaintiff] puts forward witnesses against him, and they take a judicial oath, then let him take his money; and since [the defendant] did not give him the money for many years, then pay him 3 hryvnia for damages.
48. If a merchant gives money to another merchant for local trade transactions or for long-distance trade, then the merchant does not need to present the money in front of witnesses, he does not need witnesses [at trial], but he must go to the court oath himself if [the defendant] will be locked.
49. About goods given for storage. If someone puts goods into storage with someone, then a witness is not needed, but if [the one who put the goods in storage] begins to unreasonably demand more, then take a judicial oath to the one who had the goods in storage [and let him say]: “You I put exactly that much [but no more],” because he was his benefactor and kept his goods.
50. About interest. If someone gives money at interest, or honey with a return in an increased amount, or grain with a return with an extra charge, then he should present witnesses: as agreed, so he will receive.
51. About monthly interest. And he [the creditor] should take the monthly interest if they [agreed] on a short [term]; if the money is not paid on time, then they give him a third of the money, and refuse the monthly interest.
52. If there are no witnesses, and [the debt] amounts to 3 hryvnia kun, then he should go to the court oath [with a claim] with his own money; if [the debt was] a large amount, then tell him this: “It’s your own fault for lending without witnesses.”
53. Charter of Vladimir Vsevolodovich. And this was decided by Vladimir Vsevolodovich after the death of Svyatopolk, convening his squad in Berestovo: Ratibor, the Kiev thousand, Procopius, the Belgorod thousand, Stanislav, the Pereyaslav thousand, Nazhir, Miroslav, Ivanko Chudinovich, Oleg’s husband, and decided that [the debt] would be collected from interest for two and a third, if [the debtor] takes the money for a third; if someone takes interest twice, then he must take the debt itself; if he takes interest three times, then he will not take on the debt itself. If someone charges 10 kuna per hryvnia per year, then this should not be prohibited.
54. If any merchant is shipwrecked. If any merchant, going somewhere with someone else's money, suffers a shipwreck, or is attacked, or suffers from fire, then do not do violence to him, do not sell him; but if he begins to repay the debt, then let him pay it, for this destruction is from God, and he is not to blame; If he gets drunk, or makes a bet [bet], or foolishly damages someone else’s goods, then let it be as those whose goods it is want: whether they wait until he pays, that’s their right; whether they sell it, that’s theirs. right.
55. About debt. If someone owes a lot, and a merchant or a stranger who came from another city, without knowing it, entrusts him with his goods, and [he] begins not to return the money to the guest, and the first creditors begin to hinder him by not giving him money, then lead it for auction, sell [it] along with the property, and first of all give the money to someone else’s merchant, and let them divide the money that remains to their own; if there is princely money, then give the princely money first, and the rest as a division; if someone has [already] charged a lot of interest, then he should not take [his share of the debt].
56. If the purchase runs. If the purchase runs away from the master, then it becomes a complete [slave]; If he leaves in search of money, but leaves openly, or runs to the prince or to the judges because of insults to his master, then for this he will not be turned into a slave, but given [princely] justice.
57. About the purchase. If the master has a purchase of arable land, and he destroys his horse, then [the master] does not have to pay him, but if the master gave him a plow and a harrow and takes a purchase from him, then, having destroyed them, he pays; if the master sends him away on his own business, and something of the master’s property perishes in his absence, then he does not need to pay for it.
58. About the purchase. If they take [livestock] out of a locked barn, the purchaser will not pay for it; but if [he] destroys [the livestock] in the field, does not drive [it] into the yard or does not shut it up where the master tells him, or while working for himself, and destroys it, then he will be paid for it.
59. If the gentleman causes damage to the purchase, damage to his compartment or personal property, then he will be compensated for all this, and for the damage he will be paid 60 kunas.
60. If [the gentleman] takes more money from him, then return to him the money that he took [in excess], and pay him a fine of 3 hryvnia to the prince for the damage.
61. If the master sells the purchase to complete slaves, then the debtor will have freedom at interest on all [borrowed] money, and the master will pay a fine of 12 hryvnia to the prince for the offense.
62. If a gentleman beats a purchaser for business, then he is not guilty; if he beats without thinking, drunk and without guilt, then he should pay [the fine to the prince] both for the free man and for the purchased one.
63. About the slave. If a complete slave steals someone’s horse, then pay 2 hryvnia for it.
64. About procurement. If the purchaser steals something, then the master [is free] in it; but if he is found somewhere, then the master must first of all pay for his horse or anything else that he took, and makes him [the purchase] a complete slave; and if the master does not want to pay for it and sells it, then first of all let him pay for the horse, or for the ox, or for the goods that he took from someone else, and he can take the rest for himself.
65. And this is if the slave hits. If a slave hits a free man and runs into the house, but the master does not give him up, then pay the master 12 hryvnia for him; and then, if somewhere the struck one finds his defendant who hit him, then Yaroslav decided to kill him, but the sons after the death of their father decided to pay a ransom in money, either beat him by untying him, or take a hryvnia kun for the insult.
66. About the certificate. But certificates are not placed on a slave; but if there is no free one, then, if necessary, assign it to the boyar tiun, and not assign it to other slaves. And in a small claim, if necessary, assign the certificate to the purchaser.
67. About the beard. And whoever damages his beard and traces of this remain and there are witnesses, then a fine of 12 hryvnia to the prince; if there are no witnesses and the accusation is not proven, then there is no fine for the prince.
68. About the tooth. If a tooth is knocked out and blood is seen in his [the victim’s] mouth, and there are witnesses, then the prince will be fined 12 hryvnias, and the tooth will be fined one hryvnia.
69. If someone steals a beaver, then 12 hryvnia.
70. If the ground is dug up or a sign of the [gear] used for catching or a net is discovered, then search for the thief along the rope or pay [the rope] a princely fine.
71. If anyone destroys the property sign on the board. If someone destroys a sign of ownership on the board, then 12 hryvnia.
72. If he cuts a border boundary or plows up a plowed field or blocks a yard boundary with a fence, then the prince will be fined 12 hryvnia.
73. If he cuts down an oak with a sign of ownership or a boundary, then a fine of 12 hryvnia to the prince.
74. And these are additional duties. And these are additional duties to a fine of 12 hryvnia: for the youth - 2 hryvnia and 20 kunas, and for the [bailiff] himself to ride with the youth on two horses, and give them oats for each, and give them meat - a ram or half a carcass of beef, and the rest - feed - how much these two will eat, and for the scribe - 10 kunas, for the transfer - 5 kunas, for the fur - two nogat.
75. And this is about borti. If the side is cut, then the prince will be fined 3 hryvnia, and for a tree - half a hryvnia.
76. If a swarm of bees steals, then fine the prince 3 hryvnia; and for honey, if the bees are not prepared for the winter, then 10 kunas, if they are prepared, then 5 kunas.
77. If the thief is not discovered, then let them follow the trail; if the trail leads to a village or to a trading camp, and people do not take the trail away from themselves, do not go to investigate, or refuse by force, then they will have to pay the stolen goods and a fine to the prince; and conduct an investigation with other people and with witnesses; if the trail is lost on a large trade road, and there is no village nearby or there is an uninhabited area where there is neither a village nor people, then do not pay either the fine to the prince or the stolen goods.
78. About the stink. If a smerd torments a smerd without the prince’s command, then a fine of 3 hryvnias to the prince, and for the torment [to the victim] a hryvnia of kun; if anyone tortures a fireman, then a fine of 12 hryvnia will be given to the prince, and for torment [the victim] a hryvnia will be fined.
79. If someone steals a rook, then fine the prince 60 kunas, and return the rook itself; and for a sea boat - 3 hryvnia, and for a cut boat - 2 hryvnia, for a canoe - 20 kuna, and for a plow - hryvnia.
80. About nets for catching birds. If someone cuts a rope in a net for catching birds, then the prince will be fined 3 hryvnias, and the owner will be fined 1 hryvnia kun for the rope.
81. If [someone] steals a hawk or falcon from someone’s net for catching birds, then the fine for the prince is 3 hryvnia, and for the master - a hryvnia, and for a pigeon - 9 kun, and for a partridge (?) - 9 kun, and for for a duck - 30 kn, and for a goose - 30 kn, and for a swan - 30 kn, and for a crane - 30 kn.
82. And for hay and firewood - 9 kunas, and how many carts are stolen, the owner will receive 2 kunas for each cart.
83. About the threshing floor. If someone sets fire to a threshing floor, then his entire house is subject to expulsion and plunder, but first he must pay for what was destroyed, and the rest of his property will be confiscated by the prince. The same punishment if someone sets fire to the yard.
84. If someone maliciously slaughters a horse or cattle, then the prince will be fined 12 hryvnia, and for the damage the master will pay the prescribed compensation.
85. All these lawsuits are tried in the presence of free witnesses; if the witness is a slave, then the slave should not appear at the trial; but if the plaintiff wants to use him as a witness, then let him say this: “I am attracting you according to the testimony of this [servant], but I am attracting you, not the serf,” and can take him [the defendant] to the test with iron; if he is convicted, then he will take his due in court, but if he is not convicted, then [the plaintiff] will pay him a hryvnia for flour, for they took him according to the testimony of a slave.
86. And when tested with iron, pay [to the court] 40 kun, and for a swordsman 5 kun, and for a child half a hryvnia; This is a fee for testing with iron, who gets what for.
87. And if he is brought to the test with an iron according to the testimony of free people, or there is suspicion on him, or he passed at night [at the scene of the crime], then if [the accused] is not burned in some way, then he is not paid for the torment, but only legal The fee for testing with iron is paid by the one who summoned to trial.
88. About a woman. If anyone kills a woman, he will be judged in the same way as for the murder of a man; if [the murdered person] is guilty, then pay half a vira of 20 hryvnia.
89. But for the murder of a slave or a slave, the virus is not paid; but if one of them is killed without guilt, then the money prescribed by the court is paid for the slave or for the robe, and the prince is fined 12 hryvnia.
90. If the stinker dies. If the smerd dies, then the inheritance goes to the prince; if he has daughters at home, then give them a share [of the inheritance]; if they are married, then do not give them a share.
91. About the inheritance of a boyar and a warrior. If a boyar or warrior dies, the inheritance does not go to the prince; and if there are no sons, they will take daughters.
92. If someone, dying, divides his household among his children, then so be it; if he dies without a will, then divide it among all the children, and give a portion to [the deceased] himself for the funeral of the soul.
93. If after the death of her husband the wife remains a widow, then a share should be allocated to her children, and what her husband bequeathed to her, she is the mistress, and she should not inherit the husband’s inheritance.
94. If there are children from the first wife, then the children will take the inheritance of their mother; if the husband bequeathed it to his second wife, they will still receive their mother’s inheritance.
95. If there is a sister in the house, then she should not take the [father’s] inheritance, but the brothers should give her in marriage as best they can.
96. And these are [duties] for laying city fortifications. And these are the fees for the builder of city fortifications: when laying the city, take a kuna, and when finished - a nogata; and for food, drink, meat, and fish - 7 kunas per week, 7 loaves of bread, 7 harvests of millet, 7 lukon of oats for 4 horses; take him so much until the city fortifications are built; Let them give 10 lukon of malt once [for the entire duration of work].
97. About bridge builders. And these are the fees for the bridge builder: when he builds the bridge, let him take a nogata for 10 cubits [of the bridge]; if he repairs an old bridge, then how many spans he repairs, he will take one kuna from the span; and the bridge builder himself goes with the boy on two horses, [takes] 4 ounces of oats for a week, and eats as much as he wants.
98. And this is about inheritance. If a person had children from a robe, then they should not have an inheritance, but they should be given freedom with their mother.
99. If there are small children in the house, and they will not be able to take care of themselves, and their mother gets married, then whoever is a close relative will give them into the hands of acquisitions and the main household until they can take care of themselves to yourself; and transfer the goods to people, and whatever he earns from this goods by transferring it at interest or by trading, then this is for him [the guardian], and return the original goods to them [the children], and the income for himself, since he fed and took care of them; If there is offspring from servants or from livestock, then [the children] will receive all of this; if he wastes anything, then pay those children for it all; if the stepfather [upon marriage] takes the children with an inheritance, then the same condition applies.
100. And the father’s courtyard without division is always for the youngest son.
101. About the wife, if she is going to remain a widow. If the wife intends to remain a widow, but squanders her property and gets married, then she must pay all [losses] to the children.
102. If the children do not want her to live in the yard, and she acts according to her own will and remains, then fulfill [her] will in any way, and do not give the children the will; and what her husband gave her, she can stay with [in the yard, unmarked] or, taking her share, stay [in the yard, highlighted].
103. And the children have no rights to the [allocated] part of the mother’s property, but whoever the mother gives, takes it; if he gives it to everyone, then let everyone share; If she dies without a will, then whoever had her in the yard and who fed her, then take [her property].
104. If one mother has children from two husbands, then one will inherit their father’s inheritance, and the other will inherit theirs.
105. If the stepfather squanders some of the property of the father of his stepchildren and dies, then return [lost] to the brother [stepfather], and people [witnesses] will become that the father squandered it while being a stepfather; and as for his father's [property], let him own it.
106. And let the mother give her [property] to the son who was kind [to her], whether from the first husband or from the second; if all the sons are bad to her, then she can give [the property] to her daughter, who feeds her.
107. And these are court fees. And these are the judicial fees: from a vira - 9 kunas, and for a snowman - 9 veks, and from [a lawsuit] about a side plot - 30 kunas, and from all other litigation, who will be helped by [bailiffs] - 4 kunas, and for a snowman - 6 veksh.
108. About inheritance. If the brothers sue before the prince about the inheritance, then the child who goes to divide them will take the hryvnia kun.
109. Fees for the execution of a judicial oath. And these are the fees for the execution of a judicial oath: from a murder lawsuit - 30 kunas, and from a lawsuit about a side plot - 30 kunas minus three kunas; the same applies to litigation over arable land. And from litigation for freedom - 9 kun.
110. About servitude. Complete servility of three types: if someone buys at least half a hryvnia, presents witnesses and gives a nogat in front of the serf himself; the second type of servitude: marrying a robe without a contract, if with a contract, then as agreed, so be it; and this is the third type of servitude: serving as a tiun without a contract, or if [someone] binds a key to himself without a contract, but if with a contract, then as they agree, that’s what to stand for.
111. But for a dacha one is not a slave, nor for bread one is turned into a slave, nor for what is given in addition [dacha or bread]; but if [someone] does not fulfill the established period, then return to him what was received; If it works, then you are not obliged to do anything more.
112. If a slave runs away and the master announces this, if someone, hearing about this or knowing that he is a slave, gives him bread or shows him the way, then pay him 5 hryvnia for the slave, and 6 hryvnia for the robe.
113. If someone catches someone else’s slave and lets his master know, then he will receive a hryvnia for the capture; if he does not guard him, then pay him 4 hryvnia, and the fifth for the capture is credited to him, and if there is a robe, then [pay] 5 hryvnia, and the sixth for the capture is credited to him.
114. If someone himself finds his slave in any city, and the mayor did not know about that [slave], then when the [lord] tells him, that [master] should take the youth from the mayor, go and tie up this slave and give the youth is given a binding duty of 10 kunas, but there is no reward for the capture of a slave; If [the master] misses while pursuing a slave, then it is his own loss, and no one pays for it, and there is no reward for the capture either.
115. If someone, not knowing that [someone] is someone else’s slave, hides him, or tells him news, or keeps him at home, and he leaves him, then he should take a judicial oath, [claiming] that he did not know [that] he is a slave, but there is no payment in this.
116. If a slave somewhere received money by deception, and that [person] gave the money without knowing it, then the master either redeems or loses this slave; if [that person] gave [money], knowing [that he was a slave], then he will lose the money.
117. If someone lets his slave into trading business, and he borrows money, then the master should redeem him and not be deprived of him.
118. If someone buys someone else’s slave without knowing it, then the first master should take the slave, and the one who bought it should take the money back, swear that he bought it out of ignorance, but if he bought it knowing it, then his money will be lost.
119. If a slave, having run away [from his master], acquires goods, then the master [has to pay] the debt, and the master [owns] the goods, but the slave will not be deprived.
120. If someone fled [from the master] and stole something or goods from his neighbors, then the master should pay for him what is due for what he took.
121. If a slave robs someone, then the master must ransom him or give him away with the person with whom he stole, but his wife and children do not have to [answer]; but if they stole and hid with him, then give them all up or the master will ransom them again; if freemen stole and hid with him, then they pay the prince a court fine.
Introductory article by M.B. Sverdlova
RUSSIAN PRAVDA (BRIEF EDITION)
The short edition of the Russian Pravda (hereinafter - KP) is one of the most ancient surviving monuments of writing of Kievan Rus, and the so-called Yaroslav's Pravda contained in it is apparently the oldest monument of the secular literary language of the Old Russian period.
KP - a set of laws of the first half of the 11th century, published at different times (hereinafter the conclusions of the book are presented: Sverdlov M. B. From the Russian Law to the Russian Pravda. M., 1988).
In Rus' IX-X centuries. the creation of written law lagged significantly behind the development of statehood. As a result of the campaigns of princes Oleg, Igor, Svyatoslav, Vladimir, a huge state was formed in Eastern Europe - from Ladoga to the Middle Dnieper, from Galicia and Volyn to the Volga-Oka interfluve. Rus' at this time pursued an active foreign policy and concluded interstate treaties (Pashuto V. T. Foreign Policy of Ancient Rus'. M., 1968, pp. 21-142; Sakharov A. N. Diplomacy of Ancient Rus': IX - first half of the X century. M., 1980; Aka. Diplomacy of Svyatoslav. M., 1982). Old Russian statehood developed. There was public power in the form of the grand ducal Rurik dynasty. Tribal princes were in the first half of the 10th century. in vassal dependence (“at hand”) of the Kyiv great princes, and in the middle of this century the tribal division was replaced by territorial division - according to graveyards and cities with volosts. There was also a Russian Law, which guided the great Kyiv princes in judicial practice. Its norms were taken into account when drawing up the Russian-Byzantine treaties of 911 and 944. The Russian Law in the composition of its norms and their content went back to the tribal period, possibly to the tribes of the Middle Dnieper region of the 8th - first half of the 9th century. It developed in the 10th century. into a complex source of law. But the Russian Law existed, probably in oral form (the path of development of the Truths among the Germanic and Scandinavian tribes was similar). With the adoption of Christianity as the state religion in Rus' and with the spread of the Cyrillic alphabet, it became possible to write down the existing system of legislative norms - Pravda.
The reason for such a recording was a specific case - the conflict between the Novgorodians and the Varangians and the legal settlement of their relations by Yaroslav Svyatoslavich in 1015-1016. When compiling the so-called Pravda Yaroslav, or the Most Ancient Pravda (Articles 1-17 KP), those norms were chosen from the already existing legal system (about murder, blows, mutilations, violation of property rights, flight of dependent people) that were necessary to achieve the goal publication of this first written law book. Hence the limited normative composition of the articles of the so-called Yaroslav Pravda, or the Most Ancient Truth, and their partial editing as applied to the Varangians and Kolbyagi.
The next stage in the development of Old Russian secular law was the publication of the so-called Yaroslavich Pravda, or Domain Charter (Articles 19-41 KP). Most of its norms were borrowed from the oral system of law, which continued to be used, but as part of the Domain Charter, these norms changed and limited their function in relation to the legal protection of the princely lordly economy. The vast majority of researchers believe that the so-called Yaroslavich Truth, or Domain Charter, was published, as follows from the contents of Art. 19 KP, Izyaslav, Svyatoslav and Vsevolod Yaroslavich after the death of their father. However, as follows from the textual analysis of the KP and the Long Edition of the Russian Pravda (hereinafter - PP), the legislative activity of the brothers took place during the life of their father (Stratonov I.A. On the issue of the composition and origin of the Brief Edition of the Russian Pravda. Kazan, 1920. Department ot.; Zimin A. A. On the history of the text of the Brief edition of Russian Pravda. - Proceedings of the Moscow State Historical and Archival Institute, vol. 7, M., 1954) or the Domain Charter was published under Yaroslav the Wise, the current title (Art. 19 KP) appeared in the text erroneously, and the joint legislative activity of the Yaroslavichs was limited to the prohibition of blood feud (Sverdlov M.B. From the Russian Law to the Russian Truth, pp. 21-30).
The Communist Party also includes “pokon virny” - a law issued by Yaroslav the Wise regulating the time and food of virnik during the collection of vira - a fine for killing a free person. A special article was made up of a “lesson” (resolution) for bridge workers - payment for the repair of a bridge or pavement.
The combination in a single code of laws that differ in purpose and time of origin, the subsequent inclusion of this code by ancient Russian jurists in the PP and its name “Court of Yaroslavl Volodymerich” suggests that the CP was the first codification of secular written law and it was carried out before the death of Yaroslav the Wise.
Back in the 18th century. V.N. Tatishchev and I.N. Boltin assumed the origin of the norms of the Communist Party in the ancient period, before the 10th-11th centuries. In the literature of the 19th century. this question was concretized in establishing the genesis of Russian Truth from legal custom or state law. In the 50-70s of our century, the connections of Russian Pravda with previous norms in customary law and Russian Law were studied in detail by L. V. Cherepnin and A. A. Zimin. The opposite approach - the approval of state legal innovations - was developed by S. V. Yushkov, who absolutized state rule-making.
In studies of the 18th - early 20th centuries. the traditional and correct division of the KP into the Truth of Yaroslav, or the Most Ancient Truth and the Truth of the Yaroslavichs, or the Domain Charter was established (the German scientist L. K. Goetz made a great contribution to the positive development of the history of the text of the KP at the beginning of the 20th century). This division, but with even greater differences in dating and in determining the place of publication of its component parts, was preserved in the literature of the 20-80s of our century: Yaroslav's Truth, or the Most Ancient Truth and the Yaroslavich Truth, or the Domain Charter - respectively - the 30s years of the 11th century and 1072 (M.N. Tikhomirov, S.V. Yushkov) or 1015-1016, 70s of the 11th century. (B. D. Grekov, A. A. Zimin, L. V. Cherepnin, B. A. Rybakov and others) (opinions of I. A. Stratonov, A. A. Zimin, M. B. Sverdlov on the publication of norms like this called the Truth of the Yaroslavichs, or the Charter of the Yaroslavichs during the life of Yaroslav the Wise, see above). However, a significant drawback of the study of Russian Pravda in the 40-80s was the opinion about direct and strict connections between social relations and the content of Russian Pravda (S.V. Yushkov, M.N. Tikhomirov, A.A. Zimin, L.V. Cherepnin) without taking into account the relative independence of the pace and content of the development of law and at the same time without taking into account the traditional nature of its legal and literary expression as a consequence of the special significance of tradition in the medieval mentality.
The KP was preserved in two lists from the mid-15th century. as part of the Novgorod first chronicle of the younger edition: Academic list and Archaeographic (Commission) list. V.P. Lyubimov noted when describing them that the Academic list is more correct, although it notes the damage of some words. The archaeographic list has a significant number of damaged places (Russian Truth. Prepared for publication by V. P. Lyubimov, N. F. Lavrov, M. N. Tikhomirov, G. L. Geyermans and G. E. Kochin. Edited by B. D. Grekova, M.-L., 1940, vol. I. Texts, p. 32). Therefore, the publication is based on the Academic List with indications of discrepancies in the Archaeographic List.
The best scientific publication of KP: Russian Truth. T.I.S. 67-81. It became the basis for subsequent scientific publications. We also publish CP for this publication. The texts were verified with their facsimile reproductions: Russian Truth. Under the general editorship of B. D. Grekov, vol. III. M., 1963, p. 12-20, 24-29.
RUSSIAN PRAVDA (EXTENSIVE EDITION)
The traditional name - Long edition of Russian Pravda (hereinafter referred to as PP) - is misleading. In combination with another traditional name - the Brief edition of the Russian Pravda (hereinafter - KP) - it leads to the opinion that there was a certain legal monument - the Russian Truth, which had two editions, short and lengthy. But that's not true. The PP was a set of laws and represented the second codification of written Russian law. Old Russian jurists included in its composition laws that were different in time and origin. Among them was the Communist Party (Sverdlov M.B. From the Russian Law to the Russian Pravda. M., 1988, pp. 106-170). Thus, KP and PP are two different monuments of legal thought and ancient Russian writing.
Researchers dated the creation of PP in different ways and with significant differences in interpretation, from the first third of the 12th century. (most researchers) until the beginning of the 13th century. (N. L. Duvernois, S. V. Vedrov, V. O. Klyuchevsky, M. N. Tikhomirov, L. V. Cherepnin, Ya. N. Shchapov and others). The first opinion seems correct. The PP was probably published during the Kiev great reign of Vladimir Vsevolodovich Monomakh (1113-1125) or Mstislav Vladimirovich the Great (1125-1132). Later, during the period of the political collapse of Kievan Rus into many independent principalities, such an all-Russian codification of written law was impossible. This vault was executed so successfully that until the end of the 15th century. it was used as a source of secular law (Zimin A.A. Traditions of Russian Truth in North-Eastern Rus' in the XIV-XV centuries - Studies on the history and historiography of feudalism: on the 100th anniversary of the birth of academician B.D. Grekov. M. , 1982).
The PP is written in an excellent literary Old Russian language without dialectisms. At the same time, it is a remarkable and as yet unappreciated literary work. With the laconicism characteristic of medieval realism, the PP sets out a variety of life situations in connection with offenses, in connection with relations of dominance and subordination, in connection with debt and inheritance, judicial investigative procedures, and so on. Literary formulations of legal norms are presented in different ways, from lapidary clichés to detailed presentation. The text includes direct speech, which also gives the PP stylistic diversity.
During the long period of practical use of PP in the XII-XV centuries. her text evolved. V.P. Lyubimov proved that the lists of PP are divided into three groups: Synodal-Troitsk, Pushkin and Karamzin, which are divided into types. The Synodal-Troitsk group is closest to the archetype, while other groups are later in origin and contain additional articles (Pravda Russkaya, vol. I. M.-L., 1940, pp. 34-54). Therefore, the text is published according to the most correct Trinity I list (XIV century), which belongs to the Synodal-Trinity group of lists.
The best edition of PP: Russian Truth, vol. I, p. 89-457. The published text of the Trinity I list is verified with its facsimile reproduction: Russian Truth, vol. III, M. 1963, p. 43-67.
Brief edition
RUSSIAN TRUTH
1. If a man kills a man, then take revenge on a brother for a brother, or a son for a father, or a father for a son, or a brother’s son, or a sister’s son; if someone does not take revenge, then the prince receives 40 hryvnia for the person killed; if it is a Rusyn, or a Gridin, or a merchant, or a Yabetnik, or a swordsman, or an outcast, or Slovenia, then assign 40 hryvnia for him.
2. Or whoever is beaten to the point of blood or bruises, then do not look for a witness for this person; if there is no sign of blows on it, then let a witness come to trial; if he can’t come, then that’s the end of the matter; if someone cannot take revenge for himself, then take the prince for the offense 3 hryvnias and payment to the doctor.
3. If someone hits someone with a stick, or a pole, or a fist, or a bowl, or a horn, or a butt, then pay 12 hryvnia; if this culprit is not caught for immediate revenge, then he must pay, and that’s the end of the matter.
4. If someone hits with a sword without taking it out of its sheath, or with the hilt, then 12 hryvnia for the offense.
5. If he hits his hand with a sword and the hand falls off or shrivels, then 40 hryvnia.
6. If after a blow to the leg the leg remains intact or the victim begins to limp, then the children should be kept from taking revenge.
7. If someone is hit on the finger, then 3 hryvnia for the offense.
8. And for a mustache 12 hryvnia and for a beard 12 hryvnia.
9. If someone draws a sword and does not hit, then he pays a hryvnia.
10. If a person pushes a person away from himself or towards himself, then 3 hryvnia, and let the victim bring two witnesses to the trial; if the victim is a Varangian or a kolbyag, then let him swear himself.
11. If a servant hides with either a Varangian or a kolbyag, and they do not take him out within three days, but they find him at least on the third day, then he [the master] should take his servant, and 3 hryvnias for the offense.
12. If anyone rides someone else’s horse without permission, then pay a fine of 3 hryvnia.
13. If someone takes someone else’s horse, or weapon, or clothing, and the owner recognizes it as his own, then he should take what is his, and 3 hryvnia for the offense.
14. If someone identifies something stolen, then he does not take it, and he should not say to the one who has the identified item: “Mine,” but he will say to him this way: “Go to the vault where you took it.” If he doesn’t go, then let him present a guarantor that he will go to the vault within five days.
15. If somewhere they are collecting a debt from someone else, and he begins to refuse, then he should be punished in front of 12 people; and if it turns out that he unfairly did not give it to him, then the plaintiff must receive his money, and for the offense a fine of 3 hryvnia.
16. If someone wants to take away a servant, identifying him as his own, then at the vault lead him to the one from whom this last gentleman bought, and he will be taken to the next one until they reach the third; then let him say to the third: “Give me your servant, and collect your money in front of a witness.”
17. If a slave hits a free man and runs away to the master’s house, and the master does not hand him over, then the slave is taken to the master, and let the master pay 12 hryvnia for him, and after that, where that hit man meets him, let him kill him.
18. And if someone breaks a spear or shield, or damages clothing and wants him [the owner] to keep it, then take money from him [the culprit]; but if the one who broke it wants to buy it, then let him pay in money as much as the master paid for it.
The truth established on the Russian land when Izyaslav, Vsevolod, Svyatoslav, Kosnyachko, Pereneg, Nikifor of Kiev, Chudin, Mikula gathered.
19. If a fireman is killed for an offense, then the killer pays 80 hryvnia for him, but people don’t have to; and for the princely entrance 80 hryvnia.
20. And if a fireman is killed in a robbery, and people are not looking for the killer, then the vira is paid to the rope where the murdered man lies.
21. If a fireman is killed by a cage, or by a horse, or by a bull, or while stealing a cow, then kill the killer like a dog. And the same law applies to tiun.
22. And for the princely tiun 80 hryvnia.
23. And for the senior groom of the herd, 80 hryvnia, as Izyaslav decreed for his groom when the Dorogobuzhites killed him.
24. And for the princely village headman and for the headman who supervises the arable work, 12 hryvnia.
25. And for a princely rank and file 5 hryvnia.
26. And for the stinker and for the serf 5 hryvnia.
27. If the robe is a nurse or breadwinner, 12 hryvnia.
28. And for a princely horse, if it has a brand, 3 hryvnia, and for a stinking horse 2 hryvnia, for a mare 60 hryvnia, and for an ox 40 hryvnia, and for a three-year-old 15 kn, and for a yearling half a hryvnia, and 5 cuts per calf, nogat lamb, nogat ram.
29. And if someone takes away someone else’s slave or robe, then pay him 12 hryvnia for the offense.
30. If a person comes bloodied or bruised, do not look for witnesses for him.
31. And if someone steals a horse, or oxen, or robs a cage, then, if one stole, then pay him a hryvnia and thirty cuts; if there are 18 of them, then pay each person three hryvnias and 30 rez.
32. And for the princely side 3 hryvnia if it is burned or bees and honeycombs are pulled out.
33. If the smerda is tortured, but without the prince’s command, then 3 hryvnia for the offense; and for torturing a fireman, a tiun or a swordsman - 12 hryvnia.
34. And if someone plows a boundary or makes a boundary mark, then 12 hryvnia for the offense.
35. And if he steals a rook, then the owner will pay 30 rez for the rook, and the prince will be fined 60 rez.
36. And for a pigeon and a chicken 9 kunas, and for a duck, goose, crane, swan 30 cut, and the fine for the prince is 60 cut.
37. And if someone else’s dog, or hawk, or falcon is stolen, then 3 hryvnia for the offense.
38. If they kill a thief in their yard, or at a cage, or at a stable, then so be it; if they hold him until dawn, then lead him to the princely court; and if they kill him, but people saw that he was tied up, then pay for him.
39. If the hay is stolen, then 9 kunas; and for firewood 9 kn.
40. If a sheep, or a goat, or a pig is stolen, and 10 people stole one sheep, then let them pay a fine of 60 cuts to the prince, and whoever caught the thieves will receive 10 cuts.
41. And from a hryvnia to a swordsman a kuna, and for a tithe 15 kunas, and to a prince 3 hryvnias; and out of 12 hryvnias he gets 70 kunas, and in tithes 2 hryvnias, and the prince 10 hryvnias.
42. And this is the law when collecting vira: for the vira, take 7 buckets of malt for a week, as well as a lamb or half a carcass of beef, or two legs; and on Wednesday sliced or cheeses, on Friday the same, and as much bread and millet as they can eat; and for the virnik 60 hryvnia and 10 rezan and 12 virnitsa, and upon entry, a hryvnia, and if you have to feed fish during fasting, then count 7 rezan as fish; Thus, all kunas are 15 for a week, and as much bread as they can eat; Let the vira growers collect the vira for no more than a week. This is the decree of Yaroslav.
43. And this is a decree for bridge workers: if they lay a bridge, then take a nogat for the work, and a nogat for the city; if at the old bridge you need to repair several boards, 3, 4 or 5, then take the same amount.
Long edition
RUSSIAN PRAVDA (Long edition)
COURT OF YAROSLAV VLADIMIROVICH. RUSSIAN TRUTH.
1. If the husband kills the husband, then take revenge on brother for brother, or on father, or on son, or on cousin, or on brother’s son; if none [of them] will take revenge for him, then assign 80 hryvnia for the murdered man, if he is a prince’s husband or a prince’s thiun; if he is a Rusyn, or a Gridin, or a merchant, or a boyar tyun, or a swordsman, or an outcast, or from Slovenia, then assign 40 hryvnia for him.
2. After the death of Yaroslav, having gathered again, his sons, Izyaslav, Svyatoslav, Vsevolod, and their husbands, Kosnyachko, Pereneg, Nikifor, abolished revenge for the murdered man, replacing it with ransom in money; and everything else - as Yaroslav judged, so his sons established.
3. About murder. If someone kills the prince's husband in robbery, and they are not looking for the killer, then a vira of 80 hryvnia is paid to the rope where the murdered man lies, but if a simple free person, then 40 hryvnia.
4. If any rope will pay wild vira (Note: collective payment of vira for someone else’s guilt), let him pay that vira for as long as he will pay, because they pay without the criminal.
5. If the criminal is a member of their band, then in this case help [community members] the criminal, since he previously helped them [pay the band]; if you [pay] wild vira, then pay them all together 40 hryvnia, and for the crime pay the criminal himself, and from the joint payment of 40 hryvnia pay him his part.
6. But if [someone] killed openly, during a quarrel or at a feast, then now he will be paid along with the rope, since he also invests in the virus.
7. If [someone] commits murder without reason. [If someone] committed a murder without any quarrel, then people do not pay for the murderer, but let them hand him over with his wife and children to exile and plunder.
8. If someone does not invest in wild virus, people do not help him, but he pays himself.
9. And these are the virny decrees that were under Yaroslav: the virnik should take 7 buckets of malt for a week, as well as a lamb or half a carcass of beef, or 2 nogat; and on Wednesday kuna or cheese, on Friday the same amount, two chickens for him per day, and 7 loaves for the week, and 7 harvests of millet, and 7 harvests of peas, and 7 golvazhen salts; all this is for the virnik and the youth, and they keep four horses, for each horse they give oats: for the virnik - 8 hryvnia, and 10 kunas for the transfer [to give], and for the snowstorm - 12 veksh, and also a shady hryvnia.
10. About viruses. If the vira is 80 hryvnia, then the virnik is 16 hryvnia and 10 kuna and 12 veksha, and previously - a slaughtered hryvnia, and for the killed - 3 hryvnia.
11. About the princely youth. If for a princely youth, or for a groom, or for a cook, then [vira] 40 hryvnia.
12. And for the fire tiun and for the groom - 80 hryvnia.
13. And for the tiun of a princely villager or one in charge of arable work - 12 hryvnia.
14. And for a rower - 5 hryvnia. The same amount for a boyar [ryadovich].
15. About the artisan and the artisan. And for a craftsman and a craftswoman - 12 hryvnia.
16. And for a stinker and a serf 5 hryvnia, and for a robe - 6 hryvnia.
17. And for the breadwinner 12 hryvnia, the same for the wet nurse, although it will be a slave or a robe.
18. About the unproven charge of murder. If there is an unproven charge of murder against someone, then present 7 witnesses so that they will deflect the accusation; if [the accused] is a Varangian or some other [foreigner], then present two witnesses.
19. But for the remains and for the dead person, if his name is not known and he is unknown, then the rope does not pay.
20. If the murder charge is dropped. And if someone withdraws the charge of murder, then he gives the youth a hryvnia kun for acquittal; and whoever accused him without proof, then give him another hryvnia, and for help in dismissing the charge of murder, 9 kunas.
21. If they are looking for a witness and do not find him, and the plaintiff is accused of murder, then judge them by testing with iron.
22. Likewise in all court cases, about theft and slander, if there is no red-handed action, and the claim is not less than half a hryvnia of gold, then the defendant must be forced to be tested with iron; if the claim is less significant, then to trial by water; if up to two hryvnias or less, then he must take a judicial oath in relation to his kunas.
23. If someone strikes with a sword. If someone strikes with a sword without drawing it, or with the hilt, then a 12 hryvnia fine in favor of the prince for the offense.
24. If, having drawn out the sword, he does not strike, then the hryvnia is kun.
25. If someone hits someone with a batog, or a bowl, or a horn, or the back of a weapon, then 12 hryvnia.
26. If someone, unable to resist, strikes with a sword the one who struck the blow, then he is not to blame for this.
27. If he cuts his hand and the arm falls off or withers, or a leg, or an eye or nose is damaged, then half a virion is 20 hryvnia, and the victim for the injury is 10 hryvnia.
28. If any finger is damaged, the prince will be fined 3 hryvnia, and the victim will be fined one hryvnia kun.
29. If a bloody person comes. If a person comes to the [prince’s] courtyard, bloodied or beaten to the point of bruises, then do not look for witnesses for him, but pay him [the culprit] a fine of 3 hryvnia to the prince; if there are no signs of beatings, then bring him a witness in accordance with the words of his testimony; and whoever started the fight must be paid 60 kunas, even if a bloody [person] comes, but he himself started it, and witnesses come, then he must be paid for it, even though he was beaten.
30. If [someone] hits with a sword, but is not hacked to death, then 3 hryvnia, and the [victim] himself has a hryvnia for the wound for treatment; if he is hacked to death, then pay the viru.
31. If a person pushes a person towards him or away from him, or hits him in the face, or hits him with a pole, and two witnesses are presented, then a fine of 3 hryvnias to the prince; if there is a Varangian or a kolbyag, then bring the full number of witnesses [also two] to the court and let them take the judicial oath.
32. About servants. If the servant disappears and is announced at the auction, but is not returned within 3 days, then if he is identified on the third day, [the master] should take back his servant, and that [the concealer] should pay a fine of 3 hryvnia to the prince.
33. If someone mounts someone else's horse. If someone sits on someone else’s horse without asking, then 3 hryvnia.
34. If someone’s horse, weapon or clothing disappears and he announces it at the auction, and then recognizes the loss in his city, then take what he has and pay him 3 hryvnia for the damage.
35. If someone recognizes something that is lost or stolen from him, or a horse, or clothing, or cattle, then do not say to the person [from whom the loss was discovered]: “This is mine,” but go to the vault where he took it, let him if [the parties to the transaction] come together and find out who is to blame, he will be charged with theft; then the plaintiff will take his, and what was lost along with it, the guilty party will pay him; if there is a horse thief, then hand him over to the prince for exile; if a thief robbed a cage, then he should be paid 3 hryvnia.
36. About the vault. If there is [a code] in one city, then the plaintiff must go to the end of this code; if there is a code for [different] lands, then it should go to the third code; and in relation to the cash [stolen] thing, then pay the third [defendant] in money for the cash thing, and with the cash thing go to the end of the arch, and let the plaintiff wait for the rest [of the missing], and where they find the last [according to the arch], then he pay for everything and fine the prince.
37. About theft. If [someone] bought something stolen at a trade, or a horse, or clothing, or cattle, then let him bring two free men or a trade tax collector as witnesses; if he does not know from whom he bought it, then let those witnesses take a judicial oath in his favor, and let the plaintiff take his stolen property; and what was lost along with this, he will only regret about it, and the defendant will regret his money, since he does not know from whom he bought the stolen goods; If later the defendant identifies who he bought it from, then let him take his money from him, and let him pay [for everything] that he [the defendant] lost, and the prince a fine.
38. If someone identifies [his] servants. If someone recognizes his stolen servant and returns it, then he must lead him through monetary transactions to the third vault and take the servant from the third defendant instead of his own, and give him the identified one: let him go to the last vault, because he is not cattle, you cannot tell him : “I don’t know who I bought it from,” but follow the servant’s testimony to the end; and when the true thief is identified, then again return the stolen servants to the master, and take the third defendant his own, and pay the same thief for the damage [to the plaintiff], and pay the prince 12 hryvnias for the theft of the servants.
39. About the vault. And from one’s own city to a foreign land there is no code, but also to present to [the defendant] witnesses or the tax collector before whom the purchase was made, and to the plaintiff to take the cash, and only regret the rest that was lost with him, and to the one who bought the stolen goods , regret your money.
40. About theft. If someone is killed at the cage or during any other theft, then he can be killed like a dog; if they hold him until dawn, then lead him to the princely court; if they kill him, and people saw him already tied up, then pay 12 hryvnia for him.
41. If someone steals cattle in a barn or cage, then if one [stole], then pay him 3 hryvnia and 30 kuna; if there are a lot of them [stolen], then everyone should pay 3 hryvnia and 30 kuna.
42. About theft. If he puts cattle in the field, or sheep, or goats, or pigs, then 60 kunas; if there are a lot of thieves, then everyone will receive 60 kunas.
43. If he steals on a threshing floor or grain in a pit, then how many of them were stolen, 3 hryvnias and 30 kunas for everyone.
44. And whoever has [what] is missing, but is [discovered] in stock, let him take it in cash, and for [every] year let him take half a hryvnia.
45. If there is no cash, and it was a prince’s horse, then pay 3 hryvnia for it, and 2 hryvnia for others.
And this is a decree about livestock. For a mare - 60 kunas, and for an ox - hryvnia, and for a cow - 40 kunas, and for a three-year-old - 30 kunas, for a one-year-old - half a hryvnia, for a calf - 5 kunas, for a pig - 5 kunas, and for a piglet - nogata, for for a sheep - 5 kunas, for a ram - nogat, and for a stallion, if it is not broken - hryvnia kuns, for a foal - 6 nogat, for cow's milk - 6 nogat; This is a decree for smerds if they pay a fine to the prince.
46. If the thieves turn out to be slaves, then the court is princely. If the thieves turn out to be slaves, or princely, or boyars, or belonging to monks, then the prince will not punish them with a fine, because they are not free, but let [their master] pay double to the plaintiff for the damage.
47. If anyone demands money [from someone]. If someone demands money from another, and he refuses, then if [the plaintiff] puts forward witnesses against him, and they take a judicial oath, then let him take his money; and since [the defendant] did not give him the money for many years, then pay him 3 hryvnia for damages.
48. If a merchant gives money to another merchant for local trade transactions or for long-distance trade, then the merchant does not need to present the money in front of witnesses, he does not need witnesses [at trial], but he must go to the court oath himself if [the defendant] will be locked.
49. About goods given for storage. If someone puts goods into storage with someone, then a witness is not needed, but if [the one who put the goods in storage] begins to unreasonably demand more, then take a judicial oath to the one who had the goods in storage [and let him say]: “You I put exactly that much [but no more],” because he was his benefactor and kept his goods.
50. About interest. If someone gives money at interest, or honey with a return in an increased amount, or grain with a return with an extra charge, then he should present witnesses: as agreed, so he will receive.
51. About monthly interest. And he [the creditor] should take the monthly interest if they [agreed] on a short [term]; if the money is not paid on time, then they give him a third of the money, and refuse the monthly interest.
52. If there are no witnesses, and [the debt] amounts to 3 hryvnia kun, then he should go to the court oath [with a claim] with his own money; if [the debt was] a large amount, then tell him this: “It’s your own fault for lending without witnesses.”
53. Charter of Vladimir Vsevolodovich. And this was decided by Vladimir Vsevolodovich after the death of Svyatopolk, convening his squad in Berestovo: Ratibor, the Kiev thousand, Procopius, the Belgorod thousand, Stanislav, the Pereyaslav thousand, Nazhir, Miroslav, Ivanko Chudinovich, Oleg’s husband, and decided that [the debt] would be collected from interest for two and a third, if [the debtor] takes the money for a third; if someone takes interest twice, then he must take the debt itself; if he takes interest three times, then he will not take on the debt itself.
If someone charges 10 kuna per hryvnia per year, then this should not be prohibited.
54. If any merchant is shipwrecked. If any merchant, going somewhere with someone else's money, suffers a shipwreck, or is attacked, or suffers from fire, then do not do violence to him, do not sell him; but if he begins to repay the debt, then let him pay it, for this destruction is from God, and he is not to blame; If he gets drunk, or makes a bet [bet], or foolishly damages someone else’s goods, then let it be as those whose goods it is want: whether they wait until he pays, that’s their right; whether they sell it, that’s theirs. right.
55. About debt. If someone owes a lot, and a merchant or a stranger who came from another city, without knowing it, entrusts him with his goods, and [he] begins not to return the money to the guest, and the first creditors begin to hinder him by not giving him money, then lead it for auction, sell [it] along with the property, and first of all give the money to someone else’s merchant, and let them divide the money that remains to their own; if there is princely money, then give the princely money first, and the rest as a division; if someone has [already] charged a lot of interest, then he should not take [his share of the debt].
56. If the purchase runs. If the purchase runs away from the master, then it becomes a complete [slave]; If he leaves in search of money, but leaves openly, or runs to the prince or to the judges because of insults to his master, then for this he will not be turned into a slave, but given [princely] justice.
57. About the purchase. If the master has a purchase of arable land, and he destroys his horse, then [the master] does not have to pay him, but if the master gave him a plow and a harrow and takes a purchase from him, then, having destroyed them, he pays; if the master sends him away on his own business, and something of the master’s property perishes in his absence, then he does not need to pay for it.
58. About the purchase. If they take [livestock] out of a locked barn, the purchaser will not pay for it; but if [he] destroys [the livestock] in the field, does not drive [it] into the yard or does not shut it up where the master tells him, or while working for himself, and destroys it, then he will be paid for it.
59. If the gentleman causes damage to the purchase, damage to his compartment or personal property, then he will be compensated for all this, and for the damage he will be paid 60 kunas.
60. If [the gentleman] takes more money from him, then return to him the money that he took [in excess], and pay him a fine of 3 hryvnia to the prince for the damage.
61. If the master sells the purchase to complete slaves, then the debtor will have freedom at interest on all [borrowed] money, and the master will pay a fine of 12 hryvnia to the prince for the offense.
62. If a gentleman beats a purchaser for business, then he is not guilty; if he beats without thinking, drunk and without guilt, then he should pay [the fine to the prince] both for the free man and for the purchased one.
63. About the slave. If a complete slave steals someone’s horse, then pay 2 hryvnia for it.
64. About procurement. If the purchaser steals something, then the master [is free] in it; but if he is found somewhere, then the master must first of all pay for his horse or anything else that he took, and makes him [the purchase] a complete slave; and if the master does not want to pay for it and sells it, then first of all let him pay for the horse, or for the ox, or for the goods that he took from someone else, and he can take the rest for himself.
65. And this is if the slave hits. If a slave hits a free man and runs into the house, but the master does not give him up, then pay the master 12 hryvnia for him; and then, if somewhere the struck one finds his defendant who hit him, then Yaroslav decided to kill him, but the sons after the death of their father decided to pay a ransom in money, either beat him by untying him, or take a hryvnia kun for the insult.
66. About the certificate. But certificates are not placed on a slave; but if there is no free one, then, if necessary, assign it to the boyar tiun, and not assign it to other slaves.
And in a small claim, if necessary, assign the certificate to the purchaser.
67. About the beard. And whoever damages his beard and traces of this remain and there are witnesses, then a fine of 12 hryvnia to the prince; if there are no witnesses and the accusation is not proven, then there is no fine for the prince.
68. About the tooth. If a tooth is knocked out and blood is seen in his [the victim’s] mouth, and there are witnesses, then the prince will be fined 12 hryvnias, and the tooth will be fined one hryvnia.
69. If someone steals a beaver, then 12 hryvnia.
70. If the ground is dug up or a sign of the [gear] used for catching or a net is discovered, then search for the thief along the rope or pay [the rope] a princely fine.
71. If anyone destroys the property sign on the board. If someone destroys a sign of ownership on the board, then 12 hryvnia.
72. If he cuts a border boundary or plows up a plowed field or blocks a yard boundary with a fence, then the prince will be fined 12 hryvnia.
73. If he cuts down an oak with a sign of ownership or a boundary, then a fine of 12 hryvnia to the prince.
74. And these are additional duties. And these are additional duties to a fine of 12 hryvnia: for the youth - 2 hryvnia and 20 kunas, and for the [bailiff] himself to ride with the youth on two horses, and give them oats for each, and give them meat - a ram or half a carcass of beef, and the rest - feed - how much these two will eat, and for the scribe - 10 kunas, for the transfer - 5 kunas, for the fur - two nogat.
75. And this is about borti. If the side is cut, then the prince will be fined 3 hryvnia, and for a tree - half a hryvnia.
76. If a swarm of bees steals, then fine the prince 3 hryvnia; and for honey, if the bees are not prepared for the winter, then 10 kunas, if they are prepared, then 5 kunas.
77. If the thief is not discovered, then let them follow the trail; if the trail leads to a village or to a trading camp, and people do not take the trail away from themselves, do not go to investigate, or refuse by force, then they will have to pay the stolen goods and a fine to the prince; and conduct an investigation with other people and with witnesses; if the trail is lost on a large trade road, and there is no village nearby or there is an uninhabited area where there is neither a village nor people, then do not pay either the fine to the prince or the stolen goods.
78. About the stink. If a smerd torments a smerd without the prince’s command, then a fine of 3 hryvnias to the prince, and for the torment [to the victim] a hryvnia of kun; if anyone tortures a fireman, then a fine of 12 hryvnia will be given to the prince, and for torment [the victim] a hryvnia will be fined.
79. If someone steals a rook, then fine the prince 60 kunas, and return the rook itself; and for a sea boat - 3 hryvnia, and for a cut boat - 2 hryvnia, for a canoe - 20 kuna, and for a plow - hryvnia.
80. About nets for catching birds. If someone cuts a rope in a net for catching birds, then the prince will be fined 3 hryvnias, and the owner will be fined 1 hryvnia kun for the rope.
81. If [someone] steals a hawk or falcon from someone’s net for catching birds, then the fine for the prince is 3 hryvnia, and for the master - a hryvnia, and for a pigeon - 9 kun, and for a partridge (?) - 9 kun, and for for a duck - 30 kn, and for a goose - 30 kn, and for a swan - 30 kn, and for a crane - 30 kn.
82. And for hay and firewood - 9 kunas, and how many carts are stolen, the owner will receive 2 kunas for each cart.
83. About the threshing floor. If someone sets fire to a threshing floor, then his entire house is subject to expulsion and plunder, but first he must pay for what was destroyed, and the rest of his property will be confiscated by the prince. The same punishment if someone sets fire to the yard.
84. If someone maliciously slaughters a horse or cattle, then the prince will be fined 12 hryvnia, and for the damage the master will pay the prescribed compensation.
85. All these lawsuits are tried in the presence of free witnesses; if the witness is a slave, then the slave should not appear at the trial; but if the plaintiff wants to use him as a witness, then let him say this: “I am attracting you according to the testimony of this [servant], but I am attracting you, not the serf,” and can take him [the defendant] to the test with iron; if he is convicted, then he will take his due in court, but if he is not convicted, then [the plaintiff] will pay him a hryvnia for flour, for they took him according to the testimony of a slave.
86. And when tested with iron, pay [to the court] 40 kun, and for a swordsman 5 kun, and for a child half a hryvnia; This is a fee for testing with iron, who gets what for.
87. And if he is brought to the test with an iron according to the testimony of free people, or there is suspicion on him, or he passed at night [at the scene of the crime], then if [the accused] is not burned in some way, then he is not paid for the torment, but only legal The fee for testing with iron is paid by the one who summoned to trial.
88. About a woman. If anyone kills a woman, he will be judged in the same way as for the murder of a man; if [the murdered person] is guilty, then pay half a vira of 20 hryvnia.
89. But for the murder of a slave or a slave, the virus is not paid; but if one of them is killed without guilt, then the money prescribed by the court is paid for the slave or for the robe, and the prince is fined 12 hryvnia.
90. If the stinker dies. If the smerd dies, then the inheritance goes to the prince; if he has daughters at home, then give them a share [of the inheritance]; if they are married, then do not give them a share.
91. About the inheritance of a boyar and a warrior. If a boyar or warrior dies, the inheritance does not go to the prince; and if there are no sons, they will take daughters.
92. If someone, dying, divides his household among his children, then so be it; if he dies without a will, then divide it among all the children, and give a portion to [the deceased] himself for the funeral of the soul.
93. If after the death of her husband the wife remains a widow, then a share should be allocated to her children, and what her husband bequeathed to her, she is the mistress, and she should not inherit the husband’s inheritance.
94. If there are children from the first wife, then the children will take the inheritance of their mother; if the husband bequeathed it to his second wife, they will still receive their mother’s inheritance.
95. If there is a sister in the house, then she should not take the [father’s] inheritance, but the brothers should give her in marriage as best they can.
96. And these are [duties] for laying city fortifications. And these are the fees for the builder of city fortifications: when laying the city, take a kuna, and when finished - a nogata; and for food, drink, meat, and fish - 7 kunas per week, 7 loaves of bread, 7 harvests of millet, 7 lukon of oats for 4 horses; take him so much until the city fortifications are built; Let them give 10 lukon of malt once [for the entire duration of work].
97. About bridge builders. And these are the fees for the bridge builder: when he builds the bridge, let him take a nogata for 10 cubits [of the bridge]; if he repairs an old bridge, then how many spans he repairs, he will take one kuna from the span; and the bridge builder himself goes with the boy on two horses, [takes] 4 ounces of oats for a week, and eats as much as he wants.
98. And this is about inheritance. If a person had children from a robe, then they should not have an inheritance, but they should be given freedom with their mother.
99. If there are small children in the house, and they will not be able to take care of themselves, and their mother gets married, then whoever is a close relative will give them into the hands of acquisitions and the main household until they can take care of themselves to yourself; and transfer the goods to people, and whatever he earns from this goods by transferring it at interest or by trading, then this is for him [the guardian], and return the original goods to them [the children], and the income for himself, since he fed and took care of them; If there is offspring from servants or from livestock, then [the children] will receive all of this; if he wastes anything, then pay those children for it all; if the stepfather [upon marriage] takes the children with an inheritance, then the same condition applies.
100. And the father’s courtyard without division is always for the youngest son.
101. About the wife, if she is going to remain a widow. If the wife intends to remain a widow, but squanders her property and gets married, then she must pay all [losses] to the children.
102. If the children do not want her to live in the yard, and she acts according to her own will and remains, then fulfill [her] will in any way, and do not give the children the will; and what her husband gave her, she can stay with [in the yard, unmarked] or, taking her share, stay [in the yard, highlighted].
103. And the children have no rights to the [allocated] part of the mother’s property, but whoever the mother gives, takes it; if he gives it to everyone, then let everyone share; If she dies without a will, then whoever had her in the yard and who fed her, then take [her property].
104. If one mother has children from two husbands, then one will inherit their father’s inheritance, and the other will inherit theirs.
105. If the stepfather squanders some of the property of the father of his stepchildren and dies, then return [lost] to the brother [stepfather], and people [witnesses] will become that the father squandered it while being a stepfather; and as for his father's [property], let him own it.
106. And let the mother give her [property] to the son who was kind [to her], whether from the first husband or from the second; if all the sons are bad to her, then she can give [the property] to her daughter, who feeds her.
107. And these are court fees. And these are the judicial fees: from a vira - 9 kunas, and for a snowman - 9 veks, and from [a lawsuit] about a side plot - 30 kunas, and from all other litigation, who will be helped by [bailiffs] - 4 kunas, and for a snowman - 6 veksh.
108. About inheritance. If the brothers sue before the prince about the inheritance, then the child who goes to divide them will take the hryvnia kun.
109. Fees for the execution of a judicial oath. And these are the fees for the execution of a judicial oath: from a murder lawsuit - 30 kunas, and from a lawsuit about a side plot - 30 kunas minus three kunas; the same applies to litigation over arable land. And from litigation for freedom - 9 kun.
110. About servitude. Complete servility of three types: if someone buys at least half a hryvnia, presents witnesses and gives a nogat in front of the serf himself; the second type of servitude: marrying a robe without a contract, if with a contract, then as agreed, so be it; and this is the third type of servitude: serving as a tiun without a contract, or if [someone] binds a key to himself without a contract, but if with a contract, then as they agree, that’s what to stand for.
111. But for a dacha one is not a slave, nor for bread one is turned into a slave, nor for what is given in addition [dacha or bread]; but if [someone] does not fulfill the established period, then return to him what was received; If it works, then you are not obliged to do anything more.
112. If a slave runs away and the master announces this, if someone, hearing about this or knowing that he is a slave, gives him bread or shows him the way, then pay him 5 hryvnia for the slave, and 6 hryvnia for the robe.
113. If someone catches someone else’s slave and lets his master know, then he will receive a hryvnia for the capture; if he does not guard him, then pay him 4 hryvnia, and the fifth for the capture is credited to him, and if there is a robe, then [pay] 5 hryvnia, and the sixth for the capture is credited to him.
114. If someone himself finds his slave in any city, and the mayor did not know about that [slave], then when the [lord] tells him, that [master] should take the youth from the mayor, go and tie up this slave and give the youth is given a binding duty of 10 kunas, but there is no reward for the capture of a slave; If [the master] misses while pursuing a slave, then it is his own loss, and no one pays for it, and there is no reward for the capture either.
115. If someone, not knowing that [someone] is someone else’s slave, hides him, or tells him news, or keeps him at home, and he leaves him, then he should take a judicial oath, [claiming] that he did not know [that] he is a slave, but there is no payment in this.
116. If a slave somewhere received money by deception, and that [person] gave the money without knowing it, then the master either redeems or loses this slave; if [that person] gave [money], knowing [that he was a slave], then he will lose the money.
117. If someone lets his slave into trading business, and he borrows money, then the master should redeem him and not be deprived of him.
118. If someone buys someone else’s slave without knowing it, then the first master should take the slave, and the one who bought it should take the money back, swear that he bought it out of ignorance, but if he bought it knowing it, then his money will be lost.
119. If a slave, having run away [from his master], acquires goods, then the master [has to pay] the debt, and the master [owns] the goods, but the slave will not be deprived.
120. If someone fled [from the master] and stole something or goods from his neighbors, then the master should pay for him what is due for what he took.
121. If a slave robs someone, then the master must ransom him or give him away with the person with whom he stole, but his wife and children do not have to [answer]; but if they stole and hid with him, then give them all up or the master will ransom them again; if freemen stole and hid with him, then they pay the prince a court fine.
Cash account of Russian Pravda
Brief edition: 1 hryvnia - 20 nogat - 25 kuna - 50 rez.
Long version: 1 hryvnia kun - 20 nogat - 50 kun (rezan) - 150 veksh.
Russian Truth. Short and Long editions / Preparation of the text, translation and introductory article by M.B. Sverdlov // Library of literature of Ancient Rus'. St. Petersburg, 1997. T. 4. S. 490-517, 668-669, 675-676