Of Controversies in Law, and How they are Ended.
Having hitherto spoken so much of the chiefest cities of Russia as the matter required, it remaineth that we speak somewhat of the laws that the Muscovites do use, as far forth as the same are come to our knowledge. If any controversy arise among them they first make their landlords judges in the matter, and if they cannot end it, then they prefer it to the magistrate. The plaintiff craveth of the said magistrate that he may have leave to enter law against his adversary, and having obtained it, the officer fetcheth the defendant and beateth him on the legs till he bring forth a surety for him; and if he be not of such credit as to procure a surety, then are his hands by an officer tied to his neck, and he is beaten all the way till he come before the judge. The judge then asketh him (as, for example, in the matter of debt) whether he oweth anything to the plaintiff. If he denies it, then saith the judge, “How canst thou deny it?” The defendant answereth by an oath; thereupon the officer is commanded to cease from beating of him until the matter be further tried. They have no lawyers, but every man is his own advocate; and both the complaint of the accuser and the answer of the defendant are in manner of petition delivered to the Emperor, entreating justice at his hands. The Emperor himself heareth every great controversy, and, upon the hearing of it, giveth judgment, and that with great equity, which I take to be a thing worthy of special commendation in the majesty of a prince. But although he do this with a good purpose of mind, yet the corrupt magistrates do wonderfully pervert the same; but if the Emperor take them in any fault, he doth punish them most severely. Now at the last, when each party hath defended his cause with his best reasons, the judge demandeth of the accuser whether he hath any more to say for himself. He answereth that he will try the matter in fight by his champion, or else entreateth that in fight betwixt themselves the matter may be ended, which being granted, they both fight it out; or if both of them, or either of them, seem unfit for that kind of trial, then they have public champions to be hired which live by ending of quarrels. These champions are armed with iron axes and spears, and fight on foot; and he whose champion is overcome is by-and-by taken and imprisoned and terribly handled, until he agree with his adversary. But if either of them be of any good calling and degree, and do challenge one another to fight, the judge granteth it; in which case they may not use public champions. And he that is of any good birth doth contemn the other if he be basely born, and will not fight with him. If a poor man happen to grow in debt, his creditor takes him, and maketh him pay the debt in working either to himself or to some other man whose wages he taketh up. And there are some among them that used willingly to make themselves, their wives, and children bondslaves unto rich men—to have a little money at the first into their hands, and so for ever after content themselves with meat and drink, so little account do they make of liberty.