The Russian Code. (XI. century.)
The first draught of the Russian Code, or the Rússkaya Právda, as it is called in Russian, is ascribed to Yarosláv the Wise, the son of Vladímir, Grand Prince of Kíev. He is supposed to have given it to the Nóvgorodians, whose Prince he had been, for their active participation in the war that he waged against Svyatopólk in order to maintain himself on the Kíev throne. This Code is the oldest extant among all the Slavs. It was evidently borrowed from the laws of the Scandinavians, and in most points almost coincides with the old English laws of the same period. This is not surprising, for the druzhína was originally composed of Norsemen; besides, Yarosláv stood in direct communication with the west of Europe: thus, one of his daughters was married to Harald of Norway; another was the wife of Andrew, King of Hungary; a third was married to Henry of France; and two of his sons had taken German princesses for wives.
If a man[1] kill a man, let him be avenged by his brother, or father, or son, or nephew. If there is no one to avenge him, let the price on his head be 70 grívnas,[2] if he be a prince’s man, or a prince’s thane’s[3] man. If he be a Russ,[4] or henchman, or merchant, or a boyár’s thane, or swordsman,[5] or hapless man,[6] or Slovene,[7] let the price on his head be 40 grívnas. After Yarosláv, his sons Izyasláv, Svyatosláv, Vsévolod, and their men Kusnyáchko, Perenyég, and Nikifór, came together and did away with the blood revenge, but substituted weregild for it, but in everything else his sons left as Yarosláv had decreed.
If one strike another with the unsheathed sword, or with the haft, the prince’s fine[8] for the offence is 12 grívnas. If one strike another with a rod, or cup, or horn, or the blunt edge of a sword, also 12 grívnas; but if the offence be committed in warding off a sword blow, he shall not be fined. If one strike a man’s hand, and the hand fall off, or dry up, or if he cut off a foot, or eye, or nose, the fine is 20 grívnas, and 10 grívnas to the maimed man. If one cut off another man’s finger, 3 grívnas fine, and to the maimed man one grívna of kúnas.
If a bloodstained or bruised man comes to the court, he need not bring any witnesses, but the fine shall be 4 grívnas; but if he have no marks upon him, let him bring a witness. If both parties complain, let him who has begun pay 6 kúnas. If the bloodstained man be he who has begun the quarrel, and there are witnesses to the quarrel, let his bruises be his reward.[9] If one strike another with the sword, but kill him not, the fine is 3 grívnas, and to the sufferer a grívna for his wound for medicaments; if he kill him, there is the usual weregild. If a man pushes another, either to him, or from him, or strikes him in his face, or beats him with a rod, and there are two witnesses, the fine is 3 grívnas.
If one mounts another man’s horse, without having asked permission, the fine is 3 grívnas. If one loses his horse, or arms, or wearing apparel, and announces his loss in the market-place, and later recognises his property in his town, he may take it back, and the fine of 3 grívnas is paid to him. If one recognises what he has lost, or has been stolen from him, either a horse, or apparel, or cattle, let him not say: “This is mine!” but let him go before the judge who will ask: “Where did you get that?” and the fine will be on him who is guilty; and then he will take that which belongs to him, and the fine shall be likewise paid to him. If it be a horse-thief, let him be turned over to the prince for banishment; if it be a shop-thief, his fine shall be 3 grívnas.
If one gives money on interest, or money as a loan, or grain, let him have witnesses, and then receive as has been agreed.
If a hired servant runs away from his master, he becomes a slave; but if he goes to collect his money, and does so openly, or runs to the prince or the judges on account of injury done him by his master, he is not enslaved, but gets his right.
If a master has a farm servant, and his war horse be lost, the servant shall not pay for it; but if his master gives him, who receives his measure of grain, a plough and harrow, he shall pay for any damage to them. But if the master sends him on his own business, and they be damaged while he is away, he shall not pay for them.
If a free peasant assault another without the prince’s permission, the fine is 3 grívnas to the prince, and one grívna of kúnas for the wounds. If he assault a prince’s or boyár’s man, the fine is 12 grívnas, and a grívna for the wounds. If one steal a boat, the fine is 6 kúnas, and the boat is to be returned; for a seafaring boat, 3 grívnas, and for a warboat, 2 grívnas; for a smack, 8 kúnas, and for a barge, a grívna.
If ropes be cut in somebody’s hunting-ground, the fine shall be 3 grívnas, and a grívna of kúnas for the ropes. If one steal in the hunting-ground a falcon, or hawk, the fine is 3 grívnas, and to the owner one grívna; for a dove—9 kúnas, for a chicken—9 kúnas, for a duck—20 kúnas, for a goose—20 kúnas, for a swan—20 kúnas, and for a crane—20 kúnas. And if hay or timber be stolen—9 kúnas, and the owner receives 2 nogátas for each waggonload stolen.
In one puts fire to a barn, he is to be banished and his house confiscated; first the damage is to be made good, and then the prince shall banish him. The same, if he put fire to a house. And who maliciously injures a horse or beast, the fine is 12 grívnas, and for the damage one grívna.
FOOTNOTES:
[1] That is, an older member of the prince’s druzhína, also called boyárs; the younger members were called hrid, i. e., Norse “hirđr,” henchman, or youth, or simply druzhína.
[2] A grívna was originally a unit of weight, about a pound, then only half a pound, and less. About seven grívnas of kúnas were equal to one grívna of silver; a kúna means “marten’s skin,” which formed the smaller denomination of money; one grívna was equal to twenty nogátas.
[3] The Russian is tiún, which is the Norse tjonn; the Old English thane is of the same origin and has almost the same significance.
[4] A Russ was a Scandinavian who did not bear arms; a Scandinavian who bore arms was a Varyág.
[5] The prince’s guardsman and inspector of the sword trial.
[6] A “hapless man” was more particularly applied to a son of a priest who could not read, a freedman, an indebted merchant, all Russians at the death of a prince.
[7] Inhabitants of Nóvgorod.
[8] The fine was paid to the prince’s treasury.
[9] That is, if the bruised man make complaint, and it be found that he had started the quarrel, he receives no monetary reward for his bruises, but has justly been punished by his wounds.