Russkaya Pravda

Last updated

Russkaya Pravda
The instance Sinodal`niy of Pravda Ruskaya page 1.jpg
First page of the oldest surviving copy of the Russkaya Pravda (Extensive Edition), [1] from the Synodic Kormchaia of 1282 (Novgorod)
CreatedEarly 11th century
Author(s)Prince's administration
PurposeGuidance for the princely court

The Russkaya Pravda (sometimes translated as Rus' Justice, Rus' Truth, [2] or Russian Justice) [3] [4] [a] was the legal code of Kievan Rus' and its principalities during the period of feudal fragmentation. It was written at the beginning of the 12th century and remade during many centuries. The basis of the Russkaya Pravda, the Pravda of Yaroslav, was written at the beginning of the 11th century. The Russkaya Pravda was a main source of the law of Kievan Rus'. [9] [10]

Contents

In spite of great influence of Byzantine legislation on the contemporary world, and in spite of great cultural and commercial ties between Byzantium and Kievan Rus', the Russkaya Pravda bore no similarity whatsoever to the law of the Byzantine Empire. The absence of capital and corporal punishment rather reflects Norse jurisprudence. [11] [12]

Editions

Copy of the "Extensive edition". Beginning manuscript: "SuD' ROslavl' . volodimiritsa[?]~ Pravda rus'ska :" (Sudu Jaroslavli Volodimirica. Pravda Rusiskaja.) Russkaya pravda razvorot.jpg
Copy of the "Extensive edition". Beginning manuscript: "СѸДЪ ꙖРОславль ‧ володимирица⁘⁓ Правда рѹсьскаꙗ :" (Sudŭ Jaroslavlĭ Volodimirica. Pravda Rusĭskaja.)

Three recensions of the Russkaya Pravda are known: the Short Edition (Kratkaya Pravda), the Extensive Edition (Prostrannaya Pravda), and the Abridged Edition (Sokrashchyonnaya Pravda). [14] The shortest version numbers around 850 words, while the longest version is around four times as long. [14] The abridged version is known from two 17th-century copies. [14] 13 copies of the Kratkaya Pravda are extant, while an additional four are known to have existed but are now lost. [14] 11 of the extant copies were made in the 18th and 19th century, while the other two are dated to the mid-15th century. [14] Around 100 copies of the Prostrannaya Pravda are extant. [14] Around three-quarters are found in kormchie books, while the remainder were found in various other collections that were also monastic in origin. [15] These include for example the Merilo Pravednoye . [15]

Modern scholarship of the Russkaya Pravda began in 1738 when the historian Vasily Tatischev rediscovered the code in the text of one of the manuscripts of the Novgorod chronicles, where it was included under the year 1016. [3] He offered his annotated text and brought it to the attention of the Russian Academy of Sciences, but it was not published until 1786. [3] Around the same time, August Ludwig von Schlözer published the text of the Russkaya Pravda using a different manuscript. [16] Both works were concerned with the Kratkaya Pravda. [16] The text of the Prostrannaya Pravda was published by V. Krestinin in 1788. [16] The first study on the Russkaya Pravda, aside from Tatischev's comments, was an academic address called Discours sur l’origine et les changements des loix russiennes delivered by F. Strube de Piermont in 1756. [16] The results of two centuries of scholarship were collected in a three-volume edition published by the Soviet Academy of Sciences under the editorship of Boris Grekov. [17]

Genesis and evolution

The legal regulations of the Russkaya Pravda reflected the evolution of the social relations in Kievan Rus' during the 11th–13th centuries. Common law, knyaz legislation, and legal proceedings represented the basis of the Russkaya Pravda. The presumable similarity with Scandinavian law raises questions, as the earliest written law books appeared after the Christianization of Scandinavia. [18] Several studies on the connections with Germanic law have also been conducted, but attention has mostly been focused on the earliest law, the Leges Barbarorum. [18] The similarities are not very specific, and there is a gap of about five centuries. [18] The 9th-century Lex Saxonum has also been compared, in which the first dozen or so articles are close to the first ten articles of the Kratkaya Pravda. [19]

The Short Edition of the Russkaya Pravda contains two chronological components, called by researchers the Pravda Yaroslava ("The Pravda of Yaroslav"), otherwise known as the Drevneyshaya Pravda ("Oldest Justice") of Yaroslav the Wise, and the Pravda Yaroslavichey ("The Pravda of Yaroslav's Sons"). [20] Due to the Short Edition not being a homogenous legal document, this has given rise to a theory that it is the amalgamation of two independent versions of the Russkaya Pravda. [20] However, the Pravda Yaroslavichey appears to be an addition to the Pravda of Yaroslav, as it regulates questions not covered by the latter, and so modern scholars tend to accept the refutation of this theory. [21] In regards to prior legislation, scholars often draw attention to treaties with the Byzantine Empire in 911 and 941, both of which mention the zakon russkii. [22] As a result, the most probable source for the Pravda of Yaroslav would be customary law. [22]

The two basic copies of the Short Edition have come from the text of the Novgorod chronicle. [21] The chronicle says that Yaroslav, in accordance with the prevailing practice among the Rurikids, was appointed as the prince of Novgorod by his father Vladimir. [23] One of his duties was the yearly tribute to Kiev, but in 1013 or 1014, Yaroslav, with the support of Novgorod, ceased this payment. [23] His father began to gather an army as a result to enforce his claim, while Yaroslav brought in Varangians to strengthen his own army. [23] These Varangians caused unrest in Novgorod, leading to many of them being killed during an uprising. [23] Yaroslav had some of the prominent Novgorodians killed as a result, but when he heard of the news of his father's death, he made peace with Novgorod. [23] He then marched against his half-brother Sviatopolk, and after emerging victorious, he dismissed the Novgorodian troops and gave them a law code (pravda). [23] Yaroslav wrote a statue (ustav), saying: "Live according to this charter (gramota), as I have written it for you, and observe it". [23] Although many scholars have given their opinion regarding the origins of the Short Edition, the majority opinion is to give credence to the general narrative given in the chronicle, in that Yaroslav did write a law that was connected to Novgorod's support in his war against his half-brother. [24] It is generally agreed that the second part, the Pravda Yaroslavichey, was not included in this law. [25]

Subsequent development and improvement of the Russkaya Pravda took place in times of Yaroslav's sons and his grandson Vladimir Monomakh. The Pravda Yaroslavichey is known as such because it starts with the following: "The law established for the Russian land, when Iziaslav, Vsevolod, Sviatoslav, Kosniachko Pereneg, Mikyfor the Kievan, and Chudin Mikula met together". [19] There remains uncertainty about the precise date of the Pravda Yaroslavichey, with 1072 being given as the mostly likely date. [26] New provisions are believed to have been added to the Russkaya Pravda after the revolts in Kiev, Novgorod, and Rostov-Suzdal province in 1068–1071. The first part of the Expanded Edition, the Pravda of Yaroslav, was likely a heavily amended version of the Short Edition enacted sometime in the late 11th or early 12th century. [27] The second part, which represented the law code created by Vladimir Monomakh, was enacted shortly after the uprising of 1113. [27]

In the arising Russian state centered on Moscow, the Russkaya Pravda was replaced by the Sudebnik of 1497 under Ivan III, which in turned was succeeded by the Sudebnik of 1550 under his grandson Ivan IV. [28] The Sudebnik put an end to the legal fragmentation of Russia. [28] It replaced other law codes in certain regions, including the Pskov Judicial Charter and Novgorod Judicial Charter. [29] The Pskov Judicial Charter in particular was the most significant piece of legislation between the Russkaya Pravda and the Sudebnik of 1497, which was the first milestone of a newly unified Russian state. [29]

Institutions

The Pravda Yaroslavichey increased responsibility of a given community for killing soldiers of a knyaz, tiuns ("tiun", a privileged servant of knyazs or boyars), starostas ("starosta", a representative from the low-ranking administration of a knyaz), otroks ("otrok", a low-ranking soldier in the army of a knyaz) and other servants on their own territory. The Pravda Yaroslavichey provided severe punishment for arson, deliberate cattle mutilation, and collective encroachment on rich people's property. After the 1113 Riot in Kiev, an exorbitant interest law was introduced that limited financial operations of moneylenders.

Administering justice in Kievan Rus by Ivan Bilibin (1909) Bilibin justice.jpg
Administering justice in Kievan Rus by Ivan Bilibin (1909)

The Pravda stabilized the system of feudal relations and social inequality. During the 11th–13th centuries, it made new laws for the smerds ("smerd" – a feudal-dependent peasant), zakups ("zakup" - a feudal-dependent peasant, who could become free after paying off his "zakup", a feudal loan), kholops ("kholop" – a feudal-dependent peasant, who could be killed or sold like a slave) etc. The Vast Edition of Pravda contains special regulations regarding the status of zakups and kholops. It also reflects the role of the court of a knyaz, by increasing and giving various forms of punishment and penalties. It instituted fines that benefited the knyaz or his administration with diminished compensation to the victims.

In an attempt to abolish the blood feud (that was quite common at that time), the Pravda narrowed its "usage" and limited the number of avengers to the closest relatives of the dead. If there were no avengers on the victim's side, the killer had to pay a fine (called vyra) in favour of the knyaz and partial compensation to the relatives of the victim (the killer's community had to help him pay his fine). If a woman was killed, one would have to pay half of the regular fine (called poluvir'ye, half of vyra). The Pravda also protected the health and honor of the free members of the feudal society and provided financial compensation for mutilation or insult by word or deed. The Pravda had a comprehensive system of punishments and penalties for larceny in a city or countryside, deliberate damage to forests, hunting grounds or lands, trespassing etc. It also regulated debt between individuals and contained articles of liability and hereditary law. The Pravda made use of witnesses, oaths and of the trial by water or iron, a kind of a last-resort test used to prove defendant's innocence or guilt in legal proceedings. The legal process also included testimony witnesses, evidence, collecting or hot pursuit. Investigators had to check for false accusations, as well.

See also

Notes

  1. ↑ Old East Slavic: Правда роусьскаꙗ, romanized: Pravda Rusĭskaya (13th century, 1280), [5] [6] Правда Руськая, Pravda Rusǐkaja (second half of the 15th century); [7] [8] Russian: Русская правда, Russkaya Pravda; Ukrainian: Руська Правда, Rus'ka Pravda.

Related Research Articles

<i>Knyaz</i> Historical Slavic title

Knyaz, also knez, knjaz or kniaz, is a historical Slavic title, used both as a royal and noble title in different times. It is usually translated into English as "prince", "king", or "duke" depending on specific historical context and the potentially known Latin equivalents at the time, but the word was originally derived from the common Germanic *kuningaz (king).

<span class="mw-page-title-main">Novgorod Republic</span> Russian city-state (1136–1478)

The Novgorod Republic was a medieval state that existed from the 12th to 15th centuries in northern Russia, stretching from the Gulf of Finland in the west to the northern Ural Mountains in the east. Its capital was the city of Novgorod. The republic prospered as the easternmost trading post of the Hanseatic League, and its people were much influenced by the culture of the Byzantines, with the Novgorod school of icon painting producing many fine works.

<span class="mw-page-title-main">Veche</span> Medieval popular assembly

A veche was a popular assembly during the Middle Ages. The veche is mentioned during the times of Kievan Rus' and it later became a powerful institution in Russian cities such as Novgorod and Pskov, where the veche acquired great prominence and was broadly similar to the Norse thing or the Swiss Landsgemeinde. The last veche meeting was held in Pskov before the institution was abolished in 1510.

<span class="mw-page-title-main">Smerd</span> Serf in the medieval Slavic states of Central and East Europe

A smerd was a free peasant and later a feudal-dependent serf in the medieval Slavic states of East Europe. Sources from the 11th and 12th centuries mention their presence in Kievan Rus' and Poland as the smardones. Etymologically, the word smerd comes from a common Indo-European root meaning "ordinary man" or "dependent man".

<span class="mw-page-title-main">Old East Slavic literature</span> Literary works of Old East Slavic authors

Old East Slavic literature, also known as Old Russian literature, is a collection of literary works of Rus' authors, which includes all the works of ancient Rus' theologians, historians, philosophers, translators, etc., and written in Old East Slavic. It is a general term that unites the common literary heritage of Belarus, Russia, and Ukraine of the ancient period. In terms of genre construction, it has a number of differences from medieval European literature. The greatest influence on the literature of ancient Rus' was exerted by old Polish and old Serbian literature.

<span class="mw-page-title-main">Votchina</span> Land estate that could be inherited

A votchina or otchina was a land estate that could be inherited. The term votchina was also used to describe the lands of a prince (knyaz). The system disappeared in Russia largely due to reforms in the 18th-century.

<span class="mw-page-title-main">Pskov Judicial Charter</span> Legal code of the Pskov Republic

The Pskov Judicial Charter, also known as the Charter of Pskov, was the legal code of the Pskov Republic. It was issued in various redactions between 1397 and 1467.

<span class="mw-page-title-main">Principality of Polotsk</span> Medieval principality of the Early East Slavs

The Principality of Polotsk, also known as the Duchy of Polotsk or Polotskian Rus', was a medieval principality. The origin and date of the establishment of the state are uncertain. Chronicles of Kievan Rus' mention Polotsk being conquered by Vladimir the Great, and thereafter it became associated with Kievan Rus' and its ruling Rurik dynasty.

Konstantin Dobrynich was an 11th-century posadnik of Novgorod. According to the Novgorod chronicles, he was the son of Dobrynya and wielded great influence at the court of his own cousin, Yaroslav the Wise.

The Novgorod Judicial Charter, also known as the Charter of Novgorod, was the legal code of the Novgorod Republic, inherited from the earlier Russkaya Pravda and issued in 1440, although the current version was supplemented in 1471 under the auspices of Grand Prince Ivan III, and his son, Ivan Ivanovich (1458–1490). The preamble reads:

After reporting to the lords the grand princes, Grand Prince Ivan Vasil'evich of All Russia, and his son Grand Prince Ivan Ivanovich of All Russia, and with the blessing of the archbishop-elect of Novgorod the Great and of Pskov, the priest-monk Feofil, it has been decided by the mayors of Novgorod, and the commanders [tysiatskie] of Novgorod, and the boyars, and the burghers [zhit'i liudi], and the merchants, and the common people [chernye liudi], all five boroughs, and all Lord Novgorod the Great at the assembly [veche] in Iaroslav's Court.

<span class="mw-page-title-main">Kievan Rus'</span> State in Europe, c. 880 to 1240

Kievan Rus', also known as Kyivan Rus', was the first East Slavic state and later an amalgam of principalities in Eastern Europe from the late 9th to the mid-13th century. Encompassing a variety of polities and peoples, including East Slavic, Norse, and Finnic, it was ruled by the Rurik dynasty, founded by the Varangian prince Rurik. The name was coined by Russian historians in the 19th century to describe the period when Kiev was at the center. At its greatest extent in the mid-11th century, Kievan Rus' stretched from the White Sea in the north to the Black Sea in the south and from the headwaters of the Vistula in the west to the Taman Peninsula in the east, uniting the East Slavic tribes.

<i>Kórmchaia Book</i>

The Kórmchaia Book, also known as the Books of the Pilot (Russian: Ко́рмчая книга, Ко́рмчая from кормчий, Church Slavonic: кръмьчии 'helmsman, ship's pilot'; Pidalion or Nomocanon, are collections of church and secular law, which constituted guide books for the management of the church and for the church court of Orthodox Slavic countries and were also the transmission of several older texts. They were written in Old Church Slavonic and Old East Slavic.

<span class="mw-page-title-main">Symbols of the Rurikids</span> Heraldic designs

Throughout the early Middle Ages, the Rurikid knyazes of the Kievan Rus' used unique symbols to denote property rights over various items. They are depicted on punches, seals, and coins of the Rurikids. In contrast to Western European heraldry, where coats of arms belonged to entire families, or were inherited without changes by firstborn sons, Rurikid symbols were personal, with every knyaz devising an emblem of their own for themselves.

<span class="mw-page-title-main">Church Statute of Prince Vladimir</span>

Church Statute of Prince Volodimir is a source of church law in Old Rus', defined legal authority of church and legal status of clergy by the state: prince (knyaz) and his administration. Vladimir's Statute was a short legal code, regulated relationship between the church and the state, including demarcation of jurisdiction between church and princely courts, and defined index of persons and organizations within the church jurisdiction. The church also got under its supervision the system of weights and measures, and monthly support: tithe from all princely income. The statute was written at the beginning of the 12th century and remade during many centuries. The statute was written in Old Church Slavonic and Old East Slavic. It was one of the first church sources of Kievan Rus' law. The Church Statute of Prince Yaroslav and other Kievan Rus' princely statutes served closely related purposes. One of the sources of the statute was Byzantine law, including the Kormchaia.

<span class="mw-page-title-main">Church Statute of Prince Yaroslav</span>

The Church Statute of Prince Yaroslav is a source of church law in Kievan Rus', defined legal authority of church by the prince (knyaz), his administration and churchmen. Yaroslav's Statute was a short legal code, regulated relationship between the church and the state, including demarcation of jurisdiction between church and princely courts, index of persons within the church jurisdiction, rules of family law and sanctions against moral violation. The statute was written at the 11th–12th century and remade during 13th–16th centuries, in Old Church Slavonic and Old East Slavic. It was one of the first church sources of Kievan Rus' law. Church Statute of Prince Vladimir and other Rus' princely statutes served to closely purposes. But church jurisdiction was expanded in comparison with Vladimir's Statute. A part of the lawsuits in the Yaroslav's Statute was referred to the church jurisdiction, and a part - to joint jurisdiction of the church and the prince. One of the sources of the statute was Byzantine law, including Nomocanon.

<span class="mw-page-title-main">Kievan Rus' law</span> Legal system in Kievan Rus

Kievan Rus' law or law of Kievan Rus', also known as old Russian law or early Russian law, was a legal system in Kievan Rus', in later Rus' principalities, and in the Grand Duchy of Lithuania from the 13th century. Its main sources were early Slavic customary law and Zakon Russkiy, which was partly written in Rus'–Byzantine Treaties. A number of articles have similarities with the Germanic (barbarian) laws, for example, the "Salic law" – a collection of legislative acts of Francia, the oldest text of which dates back to the beginning of the 6th century. The main written sources were Russkaya Pravda and Statutes of Lithuania.

<span class="mw-page-title-main">Rus' chronicle</span> Type of medieval Slavic literature

The Rus' chronicle, Russian chronicle or Rus' letopis was the primary Rus' historical literature. Chronicles were composed from the 11th to the 18th centuries, generally written in Old East Slavic, about Kievan Rus' and subsequent Rus' principalities and history. They were one of the leading genres of Old Rus' literature in medieval and early modern Eastern and Central Europe.

<span class="mw-page-title-main">Pravosudiye Mitropolichye</span>

Pravosudiye Mitropolichye, lit.Metropolitan's Justice) is a source of Old Russian law. It reflects the influence of the secular norms on Old Russian church law.

The history of money in Kievan Rus' is divided into two main phases:

References

  1. ↑ Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 3: Facsimile of the texts. - 1963. (Russian: Правда Русская / Под общ. ред. акад. Б.Д. Грекова. - М.; Л.: Изд-во АН СССР. Т. III: Факсимильное воспроизведение текстов. - 1963).
  2. ↑ Yaroslav Padokh (1993). "Ruskaia Pravda". Encyclopedia of Ukraine. Vol. 4. Retrieved 5 March 2016.
  3. 1 2 3 Feldbrugge 2017, p. 101.
  4. ↑ "Yaroslav I". The New Encyclopædia Britannica. Vol. 12 (15th ed.). 2003. p. 823. ISBN   9780852299616. Under Yaroslav the codification of legal customs and princely enactments was begun, and this work served as the basis for a law code called the Russkaya Pravda ("Russian Justice").
  5. ↑ А. М. Камчатнов. Хрестоматия по истории русского литературного языка (Памятники X - XIV веков по рукописям X - XVII веков). Москва, 2009 год.
    • Русская правда древнейшей Пространной редакции по списку из пергаменной рукописи 1280 года [XIII век] Новгородской, или Климентовской, Кормчей, хранящемуся в ГИМ (Син. № 132).
    • Формат – in folio, почерк – устав, текст – в два столбца.
    • Описание: Св. к.-1, № 183.
    • Издания: Карский Е. Ф. Русская правда. Фототипич. изд. Л., 1930; Правда Русская. I. Тексты. Под. ред. Б. Д. Грекова. М.; Л., 1940.
    • Фрагменты текста приведены по рукописи, варианты – по изданиям.
    • (л. 615 в) «СОУДЪ ꙖРОславль ‧ володимирица⁘⁓ Правда роусьскаꙗ ‧»
  6. ↑ А. А. Зимин. Правда русская. Монография. Москва, "Древлехранилище", 1999 год.
    • Приложения. Перечень списков Правды Русской: Пространная Правда,
    Синодально-Троицкая группа: Синодальный вид:
    • 1(8). С — Синодальный I список. 80-е годы XIII века. — ГИМ. Синод. № 132.
  7. ↑ By Troitzky manuscript (second half of the 15th century): «Суд Ярослава Владимеричь, Правда Руськая»
  8. ↑ Руська Правда. Тексти на основі 7 списків та 5 редакцій. Склав та підготував до друку проф. С. Юшков. Видавництво Української Академії Наук. Київ, 1935
  9. ↑ Yushkov, Serafim. Course of the History of State and Law of the USSR. - Moscow: Yurizdat (Juridical Publisher), 1949. - Vol. 1: Social and Political System and Law of Kievan State. - 542 p. (Russian : Юшков С.В. Курс истории государства и права СССР. – М.: Юриздат, 1949. – Т. I: Общественно-политический строй и право Киевского государства. – 542 с..
  10. ↑ Zimin, Aleksandr. Pravda Russkaya. - Moscow: Drevlekhranilische ("Archive"), 1999. – 421 p. (Russian : Зимин А.А. Правда Русская. – М.: Древлехранилище, 1999. – 421 с.).
  11. ↑ Orest Subtelny (2009). The Ukraine: A History. p. 16.
  12. ↑ Ekaterina Brancato (January 2009). Markets versus Hierarchies: A Political Economy of Russia from the 10th Century to 2008. p. 66. ISBN   9781848447257.
  13. ↑ Pravda Russkaya / ed. by Boris Grekov. - Moscow; Leningrad: publisher of the Academy of Sciences of the USSR. - Vol. 3: Facsimile of the texts. - 1963. (Russian : Правда Русская / Под общ. ред. акад. Б.Д. Грекова. - М.; Л.: Изд-во АН СССР. Т. III: Факсимильное воспроизведение текстов. - 1963).
  14. 1 2 3 4 5 6 Feldbrugge 2017, p. 105.
  15. 1 2 Feldbrugge 2017, p. 124.
  16. 1 2 3 4 Feldbrugge 2017, p. 102.
  17. ↑ Feldbrugge 2017, p. 103.
  18. 1 2 3 Feldbrugge 2017, p. 117.
  19. 1 2 Feldbrugge 2017, p. 118.
  20. 1 2 Feldbrugge 2017, p. 107.
  21. 1 2 Feldbrugge 2017, p. 108.
  22. 1 2 Feldbrugge 2017, p. 114.
  23. 1 2 3 4 5 6 7 Feldbrugge 2017, p. 109.
  24. ↑ Feldbrugge 2017, p. 110.
  25. ↑ Feldbrugge 2017, pp. 110–111.
  26. ↑ Feldbrugge 2017, p. 122.
  27. 1 2 Feldbrugge 2017, p. 137.
  28. 1 2 Feldbrugge 2017, p. 206.
  29. 1 2 Feldbrugge 2017, p. 178.

Sources

=Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.