1 cathedral laid out in 1649. Establishment of krіpatstva (krіpachennya of villagers). Bodies that administer justice
The cathedral collection, created by Tsar Oleksiy Mikhailovich in 1649, and the first crypts of the laws of Russia in the New Hour.
Written in those hours when Russia stood still, moving with one foot in the Middle Ages, the crypt awoke for at least 200 years - until 1832.
Why did the tsar-reformer, Father Peter I (father both physically and psychologically), need to create the Pokladania? Never before did the country have legislation?
Causes of construction
The legislation of the current Russia, obviously, was. During the period from 1550, when the Code of Laws of Ivan the Terrible was written, until 1648, the Romanovs created 445 laws, which bear little resemblance to a single system.
- Some laws were repeated, others were directly taught to one another.
- New laws were created according to the general order (of the department) and were recorded at the general punishment book. In this way, there was no coordination and communication between the decrees, and the heads of the decrees often knew about the creation of new entries in the books.
- Causal law, characteristic of ancient Russian legislation, was outdated until the 17th century.
- Before the praise of the new legislation, there were popular uprisings, especially the Salt Riot, whose participants demanded the convocation of the Zemsky Sobor and the development of a new structure.
- The orderly legislation was imposed also behind the bags of the Time of Troubles, at the end of which chaos collapsed.
What was Pokladannya?
The new legislator of Russia was a document of a new type. For the first time, having drawn up the laws of the system, there are many legalities. In order to carry out such a serious work, the Zemsky Sobor worked for a long time with dzherels. There were numerous royal codes of law - 1497 and 1550, punishment books, petitions, as well as foreign documents - the Lithuanian Statute of 1588, the Byzantine Kormcha book.
The basics of legal technology were taken from foreign crypts - the formation of phrases, formulas, division into headings. Pokladannya is rich in something that can be found unidentified. Thus, the section of criminal law punishes not punishing the killing of a villain who has caught evil at home. Horse stealing is presented as a different type of crime, and not as a type of primary theft.
As punishment, the death penalty of various types was often given - hanging, quartering, sleeping on a large scale, pouring hot metal into the throat, etc., as well as bodily punishment - cutting the nose and ear, branding, beating with a bat. In many articles, they were stabbed in the Domostroy: for example, the son and daughter, who killed the father and mother, were sued until death, and as the fathers killed their child, they were condemned to the point of imprisonment and further repentance in the church.
What did the creation of the Ulozhenya lead to?
As was previously the case, the pre-Petrine era laws continued to function in Russia, although their statistics were modified and supplemented.
- Pokladannya was the result of the development of Russian law, starting from the 15th century.
- It formed new ideas characteristic of the life of the 17th century and consolidated the foundation of new legal and government institutions.
- It also secured absolute power for the Romanovs - a dynasty that had recently ascended to the throne.
- Compliance was with the first established laws in the country. To such an extent the publicity of the Tsar's decrees led to the deafening of them in squares and churches.
The new format of legislation has become unbearable due to the malice of officials. The Conciliar Order, among others, was one of the first collections of laws in Europe. More early there is no doubt about the Lithuanian statute, which came from Casimir's Code of Law 1468; Western codes (Danish, Bavarian, Sardinian, etc.) were introduced a little later, and French was adopted less for Napoleon.
In Europe, legislative codes were formed and enforced, while the legal framework of the rich countries was great and putting them in order took a lot of hard work. The Prussian Code contains approximately 20 thousand articles, and the Napoleon Code contains “less than everything” 2281 articles. The combined arrangement of these documents clearly wins - he had more than 968 articles, which allowed them to be combined into the same term - for a short time.
The Council of the Commissariat of 1649, which has been laid down and has taken into account the latest evidence of the creation of legal norms, mav dzherela . Dzherelami Ulozhenyaє:
Legal experts;
Indicate the book of orders;
Tsar's decrees;
Duma viroki;
Decisions of Zemsky Councils (most of the articles were compiled according to the petitions of the Council);
- "Stoglav";
Lithuanian and Byzantine legislation;
Newly stated articles about “robbery and murder” (1669 rubles), about plans and patrimony (1677 rubles), about trade (1653 and 1677 rubles), which reached the body of legal norms laid down after 1649.
The Cathedral Code is designated head of state status- Tsar, autocratic and hereditary monarch. The provision about the confirmation (election) of the Tsar at the Zemsky Assembly did not establish the principles, but, on the contrary, it brought them to an end. There was a malicious intent (without even mentioning the deeds), direct actions against the person of the monarch, cruelly punishing him.
The law was accompanied by a set of norms that regulated the most important issues sovereign administration. These norms can be intelligently upgraded to administrative ones. Attaching the villagers to the ground (chapter 11 “The trial about the villagers”); the township reform, which changed the formation of “white settlements” (chap. 14); change in the status of patrimonial property (chapter 16 and 17); regulation of work and organs of municipal self-regulation (chapter 21); the regime of entry and exit (Article 6) - all these entries formed the basis of administrative-police changes.
Important changes in accordance with the principles of the Cathedral Code took place in the region ship's rights. The Code laid down a whole set of norms that regulated the organization of the court and the process. The Code of Law argues even more against the differentiation of the process into two forms: “court” and “discussion”.
Chapter 10 of the Code clearly outlines the various procedures of the court: it is divided into two processes - “court” and “commission”, then. praise for the viroku, decision. The court began as a result of “bureaucracy”, a tribute to the greedy scrounger. If you appear before the court by a bailiff, you may have to submit sureties, and also the daughters will not appear before the court, unless there are other important reasons. The court tried and carried out massacres prove: evidence of evidence (at least ten certificates), written evidence (the most reliable of them is officially certified documents), horseradish kissing (for super glasses for a sum that does not exceed one ruble), foal. To extract evidence, “zagalniy” (infiltration of the population based on the fact of the crime) and “povalny” (based on a specific individual suspected of the crime) were used. A special procedural action in the court has the title of “right”. The witness (most often a non-paying fighter) regularly submitted to the court procedure for corporal punishment (beating with cutters on bare ingots). The number of such procedures is small but equivalent to the amount of debt. So, for example, a hundred Karbovantsev were flogged for Borg for a month). “The truth is simply to punish - this is the same peace as the confirmation of the vykonati of the lawsuit (itself or through guarantors). The ship's speech was written down, but it was recorded in the “ship's list”, the skin stage was formalized with a special letter.
Rozshuk and “rozshuk” stagnated with the most serious criminal authorities. p align="justify"> Special place and respect was given to evildoers, about whom it was stated: “the word is on the right of the sovereign,” so. Some people have a sovereign interest. On the right, the rogue trial could have started from the statement of the victim, revealing the fact of a crime or a serious slander.
Section 21 of the Cathedral Code of 1649 primarily regulates the following procedural procedure: katuvannya. The basis for this could be the results of the “search”, if the evidence was divided: partly for the bark of the suspect, partly for the other. The tightening of cakes was regulated by the upcoming order: first of all, it could be stuck no more than three times, with a singing break; in another way, the testimony, data on the katuvanna ("guarding"), the guilty were to be verified once again with the help of other procedural steps (addition, oath, screening).
In the area criminal law such changes were made. We first identify a number of subjects: they can be both individuals and groups of individuals. The law divides the subjects into the main ones and others, meaning under the remaining participants. In its own way, a person’s compulsion can be physical (comfort, practical assistance, carrying out these very actions, which is the main subject of evil) and intellectual (for example, drilling before driving in Chapter 22). In connection with this subject, the slave began to recognize the evil, who committed the evil behind his master's order. At the same time, it is necessary to understand that from other subjects of evil (participants), the law has eliminated the individuals who are considered to be extremely evil: collaborators (individuals who created the minds for this evil), of those who are afraid (especially, goiters) to avoid the evil and did not commit of which), the underbearers (the people who didn’t inform about the preparation of the evil one), the ukrivachs (the people who welcomed the evil one and the evil one). The story, in addition to everything else, knows the division of evil in the intentional, careless and accidental. For careless evildoing, one is punished in the same way as for an intentionally evil act (punishment follows not the motive of the evildoing, but the result). The law also sees fittings and fittings. The sleeping camp is set up before the soft furnishings; lack of control over actions, caused by an image or threat (affect); and to the severe ones - the repetition of evil, the size of the problem, the special status of the object and subject of the evil, the totality of many evils.
The law sees beyond the stages of a malicious act: intent (which itself can be punishable), an attempt at evil and the commission of evil. The law also knows the concept of relapse, as in the Cathedral Code, it avoids the concepts of “brave man”, and the concept of extreme necessity, which is an uncaring calf with pre-trim proportionality and real insecurity on the side of the evildoer. The loss of proportionality meant a shift between necessary defense and punishment.
The objects of evil according to the Cathedral Code of 1649 were: church, state, family, specialness, and morality. The evils against the church were considered most unsafe and therefore were put first in the place that the history of Russian secular codifications was completed. Such a change is of little significance. On the one hand, the church occupied a special place in married life, and on the other hand, the acceptance of the church under the protection of sovereign institutions and laws indicated its priority in the political system.
The Great Changes of the Cathedral of the Commissariat of 1649 brought to the region speech, goiter, yazal and recession law. The scope of civil and legal issues was determined to be addressed clearly. Before this legislator, the development of commodity-penny bills, the formation of new types and forms of power, and the ever-increasing growth of civil law were encouraged.
The subjects of civil law issues were both private (physical) and collective individuals. In the 17th century, the legal rights of a private individual were progressively expanded for acts committed on behalf of a collective individual. For the legal thinking of this era, it was characteristic to view the installed bearings as eternal. For legal regulations that were based on norms that regulate the sphere of legal regulations, the instability of the status of the subject of rights and obligations became characteristic. We have already seen that there were a number of dismembered powers associated with one subject and one right (for example, the land ownership gave the subject the rights of land ownership and corruption, but not the disposal of the subject). This was due to the complexity of the designated legal subject. Subjects of civil law were satisfied with the singing benefits, such as becoming (preserved by the situation of increasing the rights of women in the same with the advanced stage), century (qualification for 15-20 years, giving the possibility of independent get rid of the mat, bonded crops, etc.), socially Maynoviy camp.
Speeches on the Council Code were the subject of a whole series of legal acts, demands and demands. The main ways of acquiring a mine included hoarding, recency, discovery, payment and immediate income in exchange or purchase.
In the Code of 1649, regulation is imposed land grant. It was a complex complex of legal acts, which included the form of a charter; folded evidence (this is a record in the book of instructions about the person who is being served); introduced in Volodinya, as it lay in the land of the future world. The distribution of land was entrusted to the Land Order by other bodies - Discharge Order, Order of the Great Palace, Little Russian, Novgorod, Siberian and other orders. The treaty of the 17th century was deprived in the main way of obtaining the rights of power over the land. The agreement is subject to significant ritual rites, there is a need to replace formalized actions (the participation of testimonies at the time of signing the contract) with written acts (“assault” of testimonies without special participation).
First regulated in the Cathedral Code of 1649 Institute of servitudes(legal exchange of the right of power of one person to the right of ownership of another or other persons). The legislator is aware of the special servitudes (exchange on the bark of singing people specially trained by the law), for example, the use of bows by warriors who are in the service. Speech servitudes (exchange of the right of power to the bark of an unidentified number of subjects) included: the right of the ruler of Mlin, for military purposes, to flood the lower meadow to belong to another person; It is possible to build either a neighbor's cabin or a cabin between someone else's plot (chapter 10). The authority of the law was separated either by direct orders from the law, or by the establishment of a legal regime that guaranteed “eternal authority.”
The old system was not organized at all, so there were plenty of people who needed to create and accept the structure. Praised vono bulo in 1649, protse bulo not vipadkovo. Over the course of this period, a violent movement called the “Salt Riot” arose, and there was an uprising. Then the king was Oleksiy Mikhailovich and such a turn shocked him. So we understand that we need to work and send a call to the Zemsky Sobor. This is how this arrangement was created, this was the wiser decision. Then people calmed down and the riot was contained. As historians confirm, the ruler was very wise and had not done so, then, perhaps, the adoption of this important document could have been delayed forever.
The Cathedral Building
The politician put a mission to create a document for ministers, princes and clergymen of the church service. At that time, it was necessary to complete the importance of the task, and it was necessary to collect all the laws, indicate and supplement them, and then analyze everything to create new rules and therefore eliminate problems. When folded, they looked at the skin law and decree, and also added new ones.
A whole document was created, declaring all expenses, and even the entire elite, the boyar duma wrote the laws. After this, the law was amended to two more instances, where they were edited, corrected, and added as necessary. Also, the law provided for the fact that whoever has completed the document can be considered completely legal and legally formalized.
The justice system was wild, especially its system of punishment. Then there was plenty to punish these and other violations according to the principle of an eye for an eye, a tooth for a tooth. If I think that some bully has injured people, breaking his hand, for example, then the same share is not enough. Let's take note of the law on false testimony, since people have cheated out evildoers, and then the truth is revealed, then they automatically become a witness, and then, avoid punishment.
Also, such acts of evil could have been punished differently, as was reported below. At each count there was a wine, de punishment for the moment of electing a king. As a result, we wanted new laws to be created, but the monarchy was lost, the throne will remain the same for any law, and forever the final word will be given.
Kriposne right
This very formation marked the end of the formation of the institution of kripatstva in Russia. Now the peasant has little rights and freedom for his transfer. If the court had been thwarted, the people could not say anything to their defense. Thus, the feudal system was born and was preserved for many centuries in Russia. One can boldly say that the Cathedral was created by the most vocal stake of people, dividing the people of the high and low versts of the population. Despite such deprivation of the villagers, the people still have little of their right, as they have little respect for the protection of their special lane in the face of the death of their ruler, and the overlord herself. However, there was nothing worse going on, apparently, because as was said in court, you can blame yourself. However, it can be said that those who already had some understanding that the problem of the evil of power were at hand tried to deny this theft to feudalism.
Mikhailovich's policy was based on the part of the church, in which the role of rulers was also assigned. However, it still failed to satisfy one point, where the church could be in the same court and make a decision in its own name, but the right was entrusted to the officials. However, most of the laws were for the church itself, which increased its power.
When one looked at the statute, there were more church laws than simple worldly ones. There were a lot of evils against the church, and those who displeased could be imprisoned for blasphemy, husky, and a bunch of other evils. If anyone needed to stand up to people, the church could blame him for evil, and for this there would be only one punishment, and the bedroom itself would be worth a lot.
Court and family at the Cathedral Code
After this was accepted, the court changed radically. The Muscovite state experienced a lack of reforms; practically the entire procedure was different. Also, clear understandings emerged of what is a court, and what is a joke and what is the obligation to stand behind it. The understanding was shared earlier, if they knew the person who had been sentenced immediately after the trial. Various stages of investigation have emerged. Also, now the screening procedure was completely different, all the speeches found by the authorities were transferred to evidence and became evidence, they were victorious within an hour of the process. The same process has begun to be regulated through torturi. Now it was no longer possible to work those that you respect for your needs, so that they would stop rolling through only three approaches and that great hour, which pushed up the rating of the rating, so that previously they could have mercifully repented, so that they stopped rolling, perhaps, through this point in Russia there was no inquisition . popular at that time.
The criminal law has a new system for classifying crimes. Such species appeared as :
✔ evil against the church;
✔ malice against the state;
✔ crimes against the order of government (unauthorized departure from the country);
✔ evil against deanery (zmіst brothels);
✔ township crimes;
✔ do evil against an individual;
✔ main crimes;
✔ evil against morality.
Because the family was worried, they had to pay a lot of attention to the hour, although not traditionally for these hours. The middle of the marriage was well-written, each person was given importance and importance. Naturally, such important changes did not occur in the marriage, everything was called like this. However, now everything has been legally certified, everything has been legalized.
The order there was significantly divided to the advantage of the matriarchal type. If a person has finished all his important work, he will be a buddy and will be the head of his family. The woman was a servant of the Lord, she ran a house in the hut. The marriage of the family lay only with the man, so the free-spirited women could not always marry a man. The love had to be registered with the church before the wedding took place, and this procedure was obligatory.
Nevertheless, there were deeds of change and for the rich the stench seemed obvious. Now separation could be effected, and everything could be officially registered, which gave certain guarantees against being brought to court later. They were very rarely separated, this was not accepted in Russia, but there were still problems. It was possible to be separated if the squad did not join forces or one of the friends committed unlawful acts.
Significance
The conciliar collection, however, was under-examined and was full of wild laws and cruel punishments, protec- ting a great time in advance. You could say that there has been an evolution, now some norms and laws have appeared, formalized legally. Even in the whole world, people have long lived behind codes that spell out all the things that are permitted and not allowed, and now the rules have appeared in Russia. The statute itself, having accepted the lesser strain of the region, the development of our marriage and the transition from barbarism to more living concepts, and which also marked Rus' as on the international stage, was now respected by the lawful and civilized him power. After this, so many merchants from all over the world flocked to Moscow. Perhaps they were able to sign a legally binding agreement that would be safe for their benefit.
It is impossible to say outside the significance of the arrangement, the defense played an important role and accelerated the development of Russia. It lasted until the 19th century, but was periodically changed and expanded, becoming more refined. This writing of laws has given the status of life to marriage for so many centuries. Until the nineteenth century, a new Code of Laws of the Russian Empire was signed, after which the state re-engaged and began to develop a little differently.
The order has been published in accordance with the legislative code. The decision inadvertently relates to our revelation of misunderstandings: such a long-standing fact as the apparent disorder in Moscow is, of course, the most serious and clearly shows the need for strengthening the justice system and legislation. So Patriarch Nikon is on the right; He said, among others: “We all know that the cathedral was held (about the Code) not of our own free will, for fear of infection and civil strife among all the black people, and not for the sake of the true truth.” What then? in 1648–1649, Moscow actually felt uneasy, and there were a lot of tensions. For a cob 1649 rub. One of the Moscow townspeople, Savinka Korepin, ventured to insist that Morozov and Miloslavsky did not send Prince Cherkasky, “being afraid of us (the people), so that the whole world is in hiding.”
The need to abolish the justice system and legislation was felt by everyone, by both the government and the people. Everything in life spoke about her, and the people of martyred fatness can see the food about those when a petition was submitted about the folded code, about which (the petition) will be mentioned in the lead up to the Code (Zagoskin, one of those known before, is extensively involved in these issues days of Ulozhenya). The reasons why they were agitated about the revision of legislation were profound. In the first place, there was a need for codification of the legislative material, which was extremely disorderly and inconsistent. From the end of the 15th century. (1497 r.) The Muscovite state was governed by the Code of Law of Ivan III, private royal decrees and, we call it, the “mit” of the sovereign and zemstvo. The Code of Law was important in legislation about the court and even in passing the supply of the sovereign structure and governance. The clearings of the new people were gradually filled with private decrees. The accumulation of their code after the Code of Laws led to the creation of another Code of Laws, the “Tsar’s Code” (1550). And the Tsar's Code of Law very soon demanded additional information and was complemented by private decrees of massacre. These decrees are often called “additional articles to the Code of Law”. The smells were collected in orders (each order was collected according to their rights) and then recorded in the “Ukazny books”. People followed their administrative and judicial practice with the indicated book of punishment; For them, a decree was given for any kind of outrage, becoming a precedent for all similar episodes and thus becoming a law. Such laws were enshrined, sometimes they were written alone, until the half of the 17th century. a great number has accumulated. The totality of the system and, on the one hand, formed the administration, and on the other hand, allowed it to violate the law. The people, having spared the opportunity to know the law, have had a lot of patience with Swaville and “unjust judges.” In the 17th century, the common knowledge began to understand the need to establish legislation for one purpose, to give it clear formulas, to remove the ballast and replace the mass of separate laws with one code.
If only the code would be needed. We believed that after the turmoil for Mikhail Fedorovich, the fight against the results of this turmoil - economic discord and demoralization - was not far off. In the 17th century all the conditions of life screamed a deep dissatisfaction: every aspect of the population was their pia desideria and they were expected to be satisfied with their situation. The mass of petitions at that time clearly shows us that it was not private facts that were turbulent to the rogues, but that there was a need to re-invent the underground norms of married life. They asked not for the confirmation and reinstatement of the old laws, which did not make life easier, but for their revision and amendment to the new requirements of life - there was a need for reforms.
Before the code was formed, it was necessary to select elected people who came to the cathedral of 130 (or no more) seats. Among those elected there were up to 150 servicemen and up to 100 laboring people. There were very few Moscow nobles and court officials at the cathedral, because they were now forced to include those who were elected, and were not allowed in, as they had previously been allowed, without exception. The Duma and the consecration of the cathedral took their share of the same fate. Due to the sheer diversity of its representation, this cathedral can be called one of the most successful. (We remember that at the cathedral of 1613, representatives of more than 50 people took their part). The new Code of Conduct has been “read” for the people who have chosen it, as the new Code shows itself.
Looking at this code or, as it was called, “Ukladannya”, we note that, first of all, it is not a Code of Law, it is not legislation, including the court, but a code of all legislative norms, a manifestation of the official law of the sovereign, civil and criminal. . Consisting of 25 sections and perhaps thousands of articles, the Collection covers all areas of sovereign life. There was a whole synthesis of laws, developments from old Russian regulations with the addition of Byzantine and Lithuanian law.
In other words, the work is not about mechanically combining old material, but about reworking it; It is possible to have a lot of new laws, and if we are impressed by the nature of them and understand them as becoming the current marriage, then we respect that the new statutes of the Code will not serve as additional or corrected forever yum of a lot of crazy legislation; The stench, however, often haunts the character of the great reforms of the commonwealth and bears witness to the commonwealth needs of that hour.
Yes, Pokladannya scales up the lessons of the summer for the sound of the villagers-influxers and thereby remains firmly anchoring them to the ground. Responding to this urgent need of the service camp, we decided to carry out a great reform in one aspect of married life.
Far away, there protects the clergy from gaining patrimony. As early as the 16th century. there was a struggle against the right of the clergy to reclaim the land and volodya estates. On this right, the boyars and people served and were amazed at the great satisfaction. I will remove the first axle at 1580 rubles. it was forbidden for patrimonial owners to transfer their patrimonies to the Volodin clergy for the commandment “for the remembrance of the soul,” and in 1584. other species were protected by the clergy of the lands. All the clergy, ignoring these decrees, continued to collect significant lands from their hands. The dissatisfaction of this servant begins to erupt in the 17th century. with a mass of petitioners, straight against the earth-lords' privileges and the evil of the clergy, they burned out the monasteries of the earth. The situation satisfies the needs of those who defend spiritual persons, and the spiritual principles of reviving their estates again (otherwise, before adding the choice). Another point of dissatisfaction with the clergy was the massacre of the court privileges. And here the new legislative assembly pleased the local population: it will reinstate the Monastic Order, which is now subject to judicial jurisdiction in the spiritual court, and will interchange other judicial duties of the clergy.
Further, put first with all the sequence strengthens and strengthens the settlement population, becoming a closed class: so the townspeople remain attached until the town. It is now impossible to drink from the plantation, and then no stranger or stranger to the burdensome community can leave the plantation.
The investigators noted, of course, the close connection between all these reforms and the essential scum of the zemshchina in the first half of the 17th century, but recently the idea of those who choose people I had the opportunity not only to “hear” the Layout, but also to virobity it myself . A closer look reveals that the greatest novelty of the Code came from a collective group of elected people, from their own initiatives, which chose to take part in the folded and such parts of the Code as they were interested in And they didn’t hang around. In a word, it appears that, first of all, the work of the Code went beyond simple codification, and, in another way, that the reforms carried out in the Code were based on the demands of elections and were carried out again in the spirit of petitions.
The axis is the significance of the Zemsky Council of 1648–1649: since the Constitution was a reform of the council, so its program came directly from zemstvo petitions and programs. In the new class, they achieved more, earlier, with the help of the peasantry and began to stop the further withdrawal of estates from the service turnover. The large townspeople were able to strengthen themselves and protected themselves from invasion by the higher classes of the towns and as a result of taxes on the side of their members. The Posad people here achieved relief from taxes by renting from the future. The entire zemshchina has already achieved great justice in court with the boyars and the clergy, and with those promoted to the administration. The merchants of the same cathedral significantly weakened the competition of foreign merchants through the reduction of their taxes. In such a manner, the significance of the election of 1648 was unimportant: judging by the results of their activities, it was even greater.
S. F. Platonov. New course of lectures on Russian history. Part 2
ZBIRNE ZASTOSUVANNYA 1649, creation of laws of the Russian state, decisions at the Zemsky Sobor, called on the 16th of 1648.
Tsar Oleksiy Mikhailovich, at his meeting with the Patriarch and the saints, who were also in Moscow, and with his boyars and other thoughtful people, vowed to take all the articles from the Rules of St. apostles and saints Fathers, from the local laws of the Greek kings, which are decent to the sovereign and land rights, and the statistics of the great Russian sovereigns, the decrees of Tsar Mikhail Fedorovich and the boyars’ decrees about all sovereigns and lands These certificates, and these sovereign decrees, and the boyars' orders must be carried out with the old judges. And in such cases, there were no sovereign decrees, no boyars’ writs, and in those cases, therefore, to write and declare behind his sovereign decree a legal order, so that the Moscow state of all ranks of people, from the greatest to the least , trial and justice took place in No matter on the right, everything is the same. And at the same Duma 16, the task of collecting all these articles and decreeing and preparing them for evidence was entrusted to: the boyars - Prince. N.I. Odoevsky and book. S. V. Prozorovsky, and Prince Okolnichy. F. F. Volkonsky, and the boys Gavrila Leontyev and Fyodor Griboedov. And to hear this evidence in the same Duma, it was necessary to choose two people from the captains, attorneys and nobles of Moscow and burghers, and from the places - nobles and children of the boyars: from Novgorod from five people, from our great places - from the place of two people, and from the smaller ones - from the place according to the people, from the guests of three people, from the capital and cloth hundreds of two people, from the black hundreds from the settlements and from the place from the settlement - according to the people, kind and troublesome people, so This is the king's kingdom And the land law with these highly elected people should be confirmed and established in the world, so that all compliance with the current sovereign decree and the Assembly will remain inviolable.
In 25 ms. After this thought, the boyar prince. N.I. Odoevsky and his comrades conferred on the right and presented to the sovereign the folded Code, like 3 zhovt. The same 1648 fate was read, I will speak before the sovereign and the Boyar Duma, and then at the Chamber in front of the foreign people who traveled to Moscow, under the head of the boyar prince. Yu. A. Dolgoruky. After hearing and praising the new Code by the sovereign and the Council, the Tsar, for greater firmness, praises of the Code ordered the Patriarch, the number of saints at the Council, the boyars, the wise and all elected people to sign, then write off the signatures yogo to the book, how to attach it to the guys Gavrili Leontyev and Fedir Leontyev Griboyedov, and from this book they will already hand over and send out orders for all orders and places. The current or complete set of the Code is now preserved in the Moscow Chamber of Reclamation; This year, 434 arshins and signatures were signed by Patriarch Joasaph II, 2 metropolitans, 3 archbishops, one bishop, 5 archimandrites and hegumen, 15 boyars, 10 okolnichi, a monger, a thoughtful nobleman, a printer, a printer, a printer, , 148 local nobles, 3 guests , 12 elected from Moscow hundreds and settlements, 89 elected townsmen from the place, 15 elected from 15 Moscow rifle orders and regiments; a total of 316 signatures and assaults, which are placed on the back side of the bag.
Dzherelami when folding the boule: Rules of St. apostles and saints Fathers, city laws of the Greek kings, how much they were known in Russia according to the Kormcha and other church-civil legal collections, old Code of Laws, statutes of the great Russian sovereigns, Stoglav, legitimation of Tsar Mikhail Fedoro Vich, boyars' viroki i, nareshti, Lithuanian Statute. in order, the disposition of the chapters of the Mali with the images of the Lithuanian Statute and the Law of Judgment for people; However, they strictly followed their own signs, and made rules and set rules and chapters for the connection that was respected closest to the understanding and manner of the current Russian marriage.
Fig.1. Suviy of the Cathedral Code
The collection of Tsar Oleksiy Mikhailovich is divided into 25 chapters.
Chapter 1-a consists of nine articles: the first of them indicates punishment for blasphemers - the bedroom: “and if that blasphemer is found, he has crooked his passions - burn him down.” The 2nd statute prescribes the death penalty for anyone who commits stabbing in front of a church and prevents the completion of the liturgy. These current articles are also written against violators of church deanery, for whom punishment is prescribed, despite guilt, for which the first five talk about various images that are applied in the church to both clergy and laity, and the remaining two protect taxes to the church beats to the sovereign bishops. All the numerous legislators in Russia have not identified any legalization that applies to any section; the Lithuanian Statute also does not have them. Although the first article is obviously taken from the Mosaic law, which requires death for blasphemy, death is also prescribed for blasphemy, but in the law of Moses there is no mention of the bedroom of a blasphemer; It says there: “For the sake of the Lord, let me not die, let me not let all of us be hit with a stone.” Well, here Pokladannya followed its own rules. They wrote about the evils against religion and the church, as they were at the Uzhennaya, among many Russian legislators without meeting; However, in practice, the bedroom was practiced against blasphemers both in Novgorod and in Moscow, but this legalization was not included in the legislators’ reminders that earlier secular legislation was not mixed with church legislation; The code of justice first allowed such a mixed inheritance - either to the Justinian Code, or, or rather, to the more familiar Judicial Law by the people.
Chapter 21 - talk about the sovereign's honor and how to protect the sovereign's health. Here, first of all, the death penalty is imposed on those who slander the life of the sovereign, on rebels and rebels, in another way, the mark and estates after the transfer of either a spent prisoner or a rebel are assigned to the sovereign, and both after a festival and a rebel lose your squad or children, don’t take part Although they didn’t know about it, then from the towns and estates of the reserve they see such a part living as a sovereign. If the prisoner is alive at the same time as his relatives above the division and Volodiv from her, he throws his guard, and his relatives did not know about this disease, then the pack pushes for confiscation. If a spoiler, like a duck from a foreign power, turns around and is forgiven by the sovereign, then a lot of cards will turn around, and in the estates, like the sovereign too. Thirdly, which section deals with reports of government evils: here it is allowed for serfs to denounce their lords, and whoever knows about such a crime, does not report it, he knows the same strata, as he follows the report; And if you don’t inform someone about the information, he invites the very same punishment that he gave in to the one for whom he made a pardonable denunciation. The entire current chapter was never discussed among many legislative monuments and, perhaps, was caused by the unrest that began after the death of Tsar Ivan Vasilyovich; When this arrangement was put together, the Lithuanian Statute and most of the rules were written without changes from the first section.
Chapter 3: talk about the sovereign's courtyard. Here, first of all, the work of welding in the sovereign’s yard is blocked; in another way, it is forbidden to go to the sovereign's door with armor or shoot with bows and arquebuses; thirdly, it is defended against work in case of theft from the sovereign villages. This chapter is directly taken from the Lithuanian Statute, from the first class; Only in the Code of Penalties are it easier to comply with the Statute: for example, for welding and beating in the sovereign's courtyard, the Statute is punishable by three months' imprisonment, and according to the Code - for a month.
Chapter 4 talks about the storage of false documents, assets and other papers, as well as about false prepayments and detailed seals. This section is taken without change from the Lithuanian Statute, and itself from the 16th article of the 1st section.
Chapter 5 to talk about detailed coins and about silver and gold masters, how to extract silver, gold, copper, tin and lead from silver and gold. This chapter is also enshrined in the Lithuanian Statute, but in the Code there is a massacre of pennies and gold certificates for masters who mix lead to cut gold; For the first, Ukladannya means pouring melted metal into their throats, and beating others with a batog; The Lithuanian Statute assigns to both one and the other one punishment - pouring melted metal into the throat.
Chapter 6 - talk about passports that are destroyed in foreign lands. For this section, the issuance of passports and other certificates for travel beyond the cordon was given to governors in all places; Anyone who goes to a foreign land without proper literacy will be beaten by a batog. Also, in foreign places, local residents are allowed to travel to German and Lithuanian lands without previous documents.
Chapter 7 - talk about the service of military people. When this section was put together, another section of the Lithuanian Statute on Zemstvo Defense was taken as an example; However, pursuing this vision, the commanders immediately tried not to change the basic laws of the Moscow State for the sake of military service. From this chapter it is clear, first of all, that the Muscovite warriors, in times of peace, worked hard to secure their marks and other weapons, and in this time of life they took a special penny pay from the sovereign in honor of their service. Consider giving the military people a penny payment at the time of the war, having been informed earlier, after the adoption of the laws of the last law, and for the delivery of the military people the payment was assigned a special tax from all the powers, which has not happened before. In another way, the military people were sent to serve by the local commanders and were also sent to serve with their own supplies; having entered the service, they would lose their duties to the police until the end of the campaign or before dissolution, and whoever from the nobles or from the children of the boyars during the service, without completing the dissolution, will be beaten with a baton for the first time, for a friend I will also be beaten with a baton and change 50 quarters brush, and for the third time - beat with a bat and pick up the brushes; fodder military people for being beaten and paid, for bringing in people they are charged 20 rubles from those who are the same people. for the people. Thirdly, the old, sick and sick, who wanted to take part especially in service, were obliged to replace themselves with their children or other relatives not younger than 18 years of age, moreover, such as would not have been in the service themselves. on your own; through the marriage of children and relatives, the stink was reduced, either by hanging Danish people, or by paying pennies, wandering around their estates and estates. Fourthly, if the warrior returns home after the battle, beat him with a bat and change half of his shirt and penny salary; and whoever is happy to fight with the enemy during the campaign, he will be hanged against the enemy’s regiments, and the flags will be taken to the sovereign. By the way, if any of the military people in the service have defective stocks, and at that time the stocks are sold at a high price, and according to the voivode’s orders, the stocks will be assigned a price lower than the trading price, then the one whose stocks are rejected is guilty of taking from the voivode bailiffs and buy stocks at a discount price with the bailiff, and without a bailiff do not buy and courtyards and cities do not devastate and do not burn and do not harvest grain in the fields. Usually, when the horses were walking during the hour of service, if they were found, the guilty were brought to the governor or regimental courts and then turned over to the rulers, extorting three altins and two pennies per horse; And if there is another discovery at the military camp, or at the age of the road it is not enough to present the voivode and turn away the rulers, but without grapes.
Chapter 8, about the rest of their lives, is all composed of Moscow laws; the basis for it was Stoglav, and the 72nd division itself. For Ukladannya, it was legalized to collect for the ransom of complete census books (div.: Literary and census books) from localities and in church buildings from the yard for 8 groschens, from palace, black lands, landowners and patrimonial lands - from the yard to 4 groschens, from service people, archers, Cossacks and others - from the yard for 2 groschen. The collected pennies had to be quickly delivered to the Embassy order. And as a ransom they will give: for nobles and boyar children who were taken in battle, 20 rubles each, for those taken not in battle - 100 quarters for 5 rubles, for Moscow riflemen - 40 rubles each. , for regional Cossacks - 25 rubles, for townspeople - 20 rubles, for villagers - 15 rubles. for the people.
Chapter 9-a, about duties, transportation and bridges. According to them, first of all, it was necessary to pay duties and transport all service people and servants who served on the sovereign's behalf; in another way, at meetings and transports in the towns and sovereign villages, only the townspeople and the villages of the palace villages could wear heads and kisses; thirdly, new duties and transportation were not to be introduced without a sovereign decree, and old mail and transport and the roads themselves were to be kept in the hands of these rulers, who had been paid by the mits and other mits. And since the rulers will not keep track of the road and on their faulty roads and bridges, the traffic jams should be sent to the ruler of the road and the bridge; Fourthly, the roads should not have been flooded with dams and dammed, but if the old road was flooded and screamed, then a new road could be paved without long detours. There was also no need to earn bets, there would be rowing and shallow water, hammering and driving on navigable rivers, or there would be rowing and driving through the gates for the passage of ships. The entire section was divided partly from the Lithuanian Statute, and most importantly from the additional part to the Tsar’s Code of Law, issued by Tsar Mikhail Fedorovich in 1642.
Chapter 10 is about the trial. This head is the greatest, and it becomes the third third of the entire Code. The statistics of this section are divided into two main categories; up to the 1st category there are laws that stand before the courts, and the statistics of the 2nd category are legalized under the authority of civil private law. Articles of the 1st category indicate the main changes in court against too many orders, although the court and for laying out its details, perhaps, having lost too much, but in essence, having already recognized great changes and, unfortunately, not for the sake of itself ї get it done.
Chapter 10 of the Code speaks, first of all, about the stages of judgment; three degrees according to the Code were deprived, as in the Code of Laws: 1) the court of the priest and the voivode; 2) boyar court for orders; 3) the royal court at the sovereign chamber. For the Code, as well as for the Code of Law, punishment was given to judges for an unfair trial, serious crimes were given the right to bring judges out of unfriendliness or discord with the protracted side. Everything was old, hardened by excessive laws, but in this case the trial according to the Code was no longer similar to the trial under the Code of Law. The story was related to the ancient Russian law of the court order, which in the court of justice there were present old age and courtiers and jurors, the formation of marriage, through which the court left the rest of the hands of the punishing people and wasting their colossal amount of marriage character. This binding of elders and priests in court, on the one hand, led to increased crime in court, and on the other hand, it was the reason for the development of writing in court laws.
In another way, the articles about the level of the court are followed by articles about the procedure for court proceedings. According to the Code, as for the Code of Law, the court demanded the agreement of serious cases, and the cases of serious cases were written down by the clerk and the clerks sealed their draft lists with the hands of the clerk and the witness, then the same clerk rewrote the court list on white, and the list is black, securing it with your hand ; After the completion of the ship's certificate, the black note to the court, confirmed by the assault of the positive officer and the testimony, was glued to the final conclusion of the dispute. In order to achieve greater order in the judiciary, the Regulations encourage judges and dykes to accept any additional documents before the document, in addition to those about any positive results, to vote in the hour of the court itself and to give a tax assessment to them in the final term. in. And in order to push all the drives to the fullest extent and traction, the requirement requires all the proofs, investigations and delivery of documents required for the court to be carried out as clearly as possible and to ensure that the courts are in order, I would like the court to think that everything is not in the same place, And don’t put any money behind anything other than Christmas days; On holy days, according to the Code, all weekdays and days of the Lord's saints, Symbolic Day, the first and Holy Day of Lent, Easter Week and all the royal days were recognized.
Thirdly, articles about the campaign before the trial and terms. Viklik before the trial according to the Code is deprived of importance from that view, as it was for the Code of Law of 1497 of Tsar Ivan IV Vasilyovich and with additional statutes that it is good, i.e., the Code requires that the authorization of the summons be written in the attached documents; Thus, three terms for appearing before the trial were lost and excessively introduced after the Code of Law, and it was punished to respect the beginning of the term not as an addendum, but by taking the bailiff’s handwritten note. Then the Decree remained related to the introduction of the Code of Justice of the extrajudicial letters and the law punished the selection of those letters that were seen at the wrong time, instead of which it was punished by not appearing in the third term of the court. The defendants before the trial, or the bailiffs, as before, were not employed by the industrialists, who were elected on bail, so that, being in the industrialists, they should not stop the theft and should not restrain the solicitors, but about the huge number of drivers under the industrialists at the Code. And you’ll never guess again. Having discussed the fate of the partnership in court, the Declaration legitimized that the bailiff could not take evidence that he was stealing from the house, but wait until he was locked out of the door.
On the fourth, shodo ship mit. Pokladannya means ships from a ruble per hryvnia, from gossip for six altins - about a penny, from the right ten - about a penny. And from the living kabals, from the records and for the violence of the mita, it was necessary to take twice as much, so that from a ruble there were two hryvnias. The courts have been collected and what is collected will have to be written in a special book on the same date as the court leaves.
Finally, the procedure for issuing unsecured letters. If anyone would be angry at someone else who boasts of killing him, then the praiser received a serious letter. When issuing such letters in the Code, two forms are prescribed: 1) in boasting between noble people, an unsafe letter is seen from the commandment in the 5th, 6th, 7th thousand. rub. And moreover, if a person who boasted would be able to wound the one he was boasting about, then he would have to suffer death for killing him, and for the wounds he would be subject to dishonor, writing down the commandment, the money should be transferred to his mark and half taken to the treasury, and half to see to the one in whom he boasted, and of whom the people lament; 2) in boasting among the unknown, the duty meant snooping, and if the boaster was told by the petitioner, then the boaster was to be imprisoned for three months, and then take the record from him by his hand, so that he did not encroach on the one whom he boasted about , and if you destroy your record, you will suffer death.
In a shosta way, about sending for information and about the general search. The statements related to the ship battles, and fields, as residual evidence at the trial, allowed the right of graves: 1) to appeal to third parties in name to prove the fairness of their calls; 2). 3) indulge in the general publicity of rich people without a name. The remaining proof was placed so highly that the Code of Conduct did not allow the envoy to be subjected to general scrutiny. When the general investigations were created, the Constitution adopted the same rules that were confirmed by the Rozbiyny Statute and especially by additional statutes up to the Tsar’s Code of Law; 4) strive for the hidden truth, so that if you are positive and vidpovidach, you would like to go against one person. It was sent in secret, but it is true that according to the Code it stood as a judicial proof, especially for general snooping and skasovala yogo. The ship's duel was changed according to the Code of Conduct as the ultimate judicial proof; However, the acceptance of the tortury was not obligatory, but was given to the will of serious people. The rest is taken from the Lithuanian Statute.
In a way, about the court, if there are a few positive ones, who are drawing one mark, divisions into foals, or who will have company among themselves. The duty of such positive people is given free rein - both to joke around the bed and to the skin of their foal.
Eighth, call about the slander. If someone is accused of a lot of calls and, without going to court, it is not enough to take from the testimony, and to stand up for someone else, then after the sound of such a riveter, a fine of 5 rubles was first to be taken from the sovereign; taken from the testimony, correct the two, beat him with a punishment and put him in jail, for as long as the sovereign each. And whoever commits a similar slanderous call the next time, he will be beaten with a bat on the trestle for punishment, a fine of 10 rubles will be taken, he will be put in prison and taken from the witness stand and corrected twice. Who wants to get caught in the third place, beat him with a baton on a goat under orders, then take him to the auction, throw him away, take a penalty of 20 rubles on the sovereign. . A similar legalization was seen back in 1582, but in that time legalized corporal punishment for slander was not known.
The 2nd category of articles of the 10th chapter of the Code of Laws seeks to legitimize private civil law.
1. About penalties for dishonor. Penalty according to the Code of division for the same cobs, which were already mentioned in the Code of Laws, so that the foundation of a high or low penalty for dishonor of the Code takes or the huge status of the crooked: yo rank, posad, which wine wins, about states salary paid, - or country, up to there is a lot of crookedness to be had. The deposit, like before the Code of Law, entails a double penalty for the wife’s dishonor, and for the girl’s dishonor the penalty is four times more than what the girl’s father would have received for his dishonor.
2. For calls for deposits, documents and positions, the Code takes it as a basic rule based on the law of 1635, such calls will only be given to the court if the person submits the position or other records, and without records, the court will not be given; Moreover, from this legal rule, guilt was allowed for military people during the hour of marching and all people began to burn when submitting their speeches to the masters for processing, before going to court and without recordings.
3. To consolidate the Borg from the unprofitable fighters. The deposit, like the Russian Justice and the Code of Law, divides the ineffectual defenders into the innocent, the unfortunate, and the guilty, the first is given a flight term for payment, but not far from three rocks and before that on bail, and the others are given the creditor's head am do vikupu. Moreover, innocent fighters are also subject to ransom by creditors, since there will be no guarantee for them, and after the death of fighters, it means to collect unpaid debts from their squads and children.
4. Kabbals, positive memories and other forts, as they will be in significant sums, then according to the Code, they were guilty of writing in Moscow and in places of the Maidan clerks - public brokers, and in every such fort are guilty And the hearings of at least two people will be recorded ; for insignificant sums, up to 10 krb., kabala and position records could be written by the postmaster himself and anyone who happens to be in the village, and such kabala was accepted at the trial, although they would not have had any hearings recorded. When the Borg are gathered into bondage and other records, the Order, with a lot of legalization, aims to initially satisfy the foreigners, then the sovereign's treasury and punish other positives. The trial of the bondages, also with extensive laws, required giving no more than 15 rokas and ruling the position of pennies without growth, one capital.
5. The right of the borgs and other restrictions The task is to work in the old way, so that a hundred rubles stand on the right for no more than a month, and if the borg has more or less, then for the rozrunka. If there was a legal term on the right, the documents had to be assessed and corrected on the basis or given the documents to the creditor, and if the creditor did not take it, then sell it, and with the proceeds of the sale, pay the money to the bank; Since the collected pennies could not be used for payment, then it was necessary to give the bozhnik his head in earning money. Servants did not have to give their salaries, but were paid from fees.
6. About the burden of once spending what has been entrusted. The statement, which is consistent with the Sudebnik and various civil Greek laws, placed by the Helmsman, is subject to the following restrictions: 1) if the bailiff releases the person brought before the court under the terms of the court and cannot present it before the court, call everyone And in order to know what kind of overflow it was, it was corrected at the station and his guarantors, and since nothing could be done from the bailiff, he himself gave in to his head until he was calm; 2) if the master takes any speech from someone for processing and spends it or seizes it, then the speech would need to be evaluated through third-party people and, at a cost, forwarded to the master; 3) if you rent a horse or spend something else or seize it, then, according to the assessment of third parties, you will have to pay the sovereign; 4) if someone was hired to guard the door of a prisoner on bail and commit theft for his guard, then the guards would stealthily break into his guards, and if there was nothing to be done about them, then the stinks would be seen head-on; 5) a merchant who was robbed by robbers, and did not have to pay for the goods that were in his possession and were plundered by the robbers, and the money of his friend or companion.
7. About boundaries and fences. The document, signed by the Code of Law, legitimizes the rulers of the sovereigns to work the fences in full, and the rills of the coming bows to fence off one lord of the rills. Renewing boundaries according to the Code is small in the presence of old residents, people, behind old signs, in the presence of an official in the order. The super-chicks about the borders were written by scribes, travel and other books, carved books, as well as by old residents, and if this evidence was not enough, then the devil's kisses and walks with images along the borders, and in the end the super-chicks between old residents - a foal, who is led between way. For the dog's boundary, Vinny was rewarded with a batog.
8. About the management of new lakes on rivers, about bee-dwellings (apiaries - ed.), fishing and harvesting in other people's forests. The statistics that are presented here are based on a lot of ship practice, as well as under the Lithuanian Statute, and with significant changes.
9. About the everyday life of Budinkov between the vessels. It lays out the procedure for the satisfaction of payments and the rights of one hundred percent of the debtors. The statistics that appear here are taken from the City Law, placed in Kormchay, and from the 38th century itself. For these articles it is necessary to place bets between the vessels, bake ovens and cooks until the surface, pour water and throw cream onto the surface.
10. If someone is called an illegitimate, the act attracts the court's investigation, and if it turns out that the illegality of the name is illegal, then the law gives the illegitimate the right to rule dishonor on the illegitimate person. And if it was revealed that the truth of illegitimate births, which was punished, then it was necessary not to rule dishonorably, not to insure the illegitimate before the lawful ones and not to give them father’s rights. Despite the new legalization, there was no such thing in many Russian legislative monuments.
11. Call someone who has poisoned someone with dogs or killed dogs and other said creatures not under lock and key. Here the Pokladannaya, with its extensive legalization and partial provisions of the Lithuanian Statute, punishes the addition of wine; and if you don’t get caught with the same ruler another time, then take such a creature from her and give it to the solicitor.
12. About calling the wrong volodinny creatures and blue braids for five rocks and more. Here the Code legislates to see only the animals taken from another, and to see the offspring; Harvesting is valued at 10 altin per tithe, and cut hay is valued at altin per copy.
Division 11. About the trial among the villagers. Here, first of all, it is necessary to pin down all the supers and call about the pumpers for a long time, covers all the terms of limitation and punishes without a line to turn all the villagers-supplyers to these rulers, for which stinks or their fathers recorded in the scribe books of 1626 or in the census books of 1646 i 1647. Ale, turning the villagers back to the colossal rulers from all their homelands and with a wave, at the same time the Pokladannya pays off all the fees for the three-man villagers-influxers over the past rocks and draws, so that about the turned villagers of the brotherhood other subscriptions from these rulers, who are turned, and from The greatest rulers do not take the sovereign's taxes for the registered villagers, but pay taxes to those rulers who want to turn around. In another way, the Code lays down the rules for the villagers-influxers for the next hour; follow these rules: if a villager or a villager becomes friends with another ruler, then they will turn to the same ruler with their whole family. That’s why the ruler, when he receives a new peasant, is obliged to listen to people who don’t flow in, and having heard them, to enroll in the Local Order, and in the localities - to the voivode; and whoever writes it down without knowing it will need to add 10 rubles. On the river, if there are positive ones for the villager who was recorded without a sound. Thirdly, this section protects the rulers from transferring villagers from their landed estates to patrimonial lands and ensures that villagers who are hired for work are not attached to records or without records.
Section 12 to talk about the court of patriarchal punishers and courtyard people and villagers. Because of this, the heads of people who live with the patriarchal households and are always in the service of the Patriarch, it was necessary to joke with the court only in the Patriarchal court, and if the patriarchal courts rule unfairly, then tell the sovereign and transfer from the right of the Patriarchal order to the Boyar Duma.
Chapter 13, about the Monastic order. In which section it is said that for the petitions of all people of the Moscow state, the Monastic order will be re-established in order for everyone to carry out all inquiries regarding summons to metropolitans, archbishops and bishops and their punishments and courtyard people and villagers, as well as in the monastery, priests and the entire church account. The call was seen earlier at the Order of the Great Palace. At the Tsomo Rodli, to give the fence to the fence to the tank, the priesthood of the spiritual rank of the spiritual rank, and Virishuvati to the right to the tribute of the chorus tsilovanni abstain aboard the saints of the Holy Dopitvanes, and the dad of the will of the posivachiv.
Chapter 14, about horseradish kissing. The chapter is composed importantly of the additional articles up to the Code of Laws, which were seen in 1625. She has legislated that when kissing the cherry, it is necessary to be a nobleman and a clerk to take care of hundreds of kisses, and kissing the cross at the spring. that zhovt. from 2 to 6 years of age, at leaf., chest., sіch. that's fierce. - from 1 to 5 years of the day, in birch, kvit., grass and chervni - from 2 to 7 years of the day, in lipnі and sickle. - from 3 to 6 years of age, and it is better to walk to the cross three days after sleep in great order. And whoever kisses the cross or leads to the cross not according to the truth, he was required to be beaten at the auction for three days, put in prison on the river and given him nothing to believe in and not to give in the usual court calls. It was necessary to give horseradish a kiss more often than not for a ruble.
Chapter 15-a, about detailed inquiries and about the arbitration court. Under this division it is legalized: the complete documents must not be reversed and the new ones must not be accepted; The new lords-patrimonial lords will not turn back the villagers who were released with the release of the old lords-patrimonial lords, or the villagers who were released by too many landowners, in order to turn them over to the new landowners. About the arbitration court it is said that those who are positive and those who have agreed to go to the court of the third and have given a record on themselves to the third that they have the third grade of hearing do not have the right to be considered as the third grade, and those who do not hear the third grade, take a fine from the sovereign for that and dishonor - the third. If the third are divided by their virok - one is to call the positive, and the other is to be confirmed, then the third one on the right, viroki, and take the record before the order. And if in the arbitration record it is written with the sovereign's penalty for an incorrect turn, then it is right to proceed to the court, and the party that gave the turn, which was not valid from the court's rule, is punished, and the penalty, as the sovereign, in any case, is to correct the crime and the draft.
Section 16, about local lands. Here we are told in advance: 1) about those how many signs we give to the Moscow region. skin rank; 2) about the rules of mini-land between landowners-patrimonial landowners; 3) about the handing over of cards to old people, widows and girls; 4) about the distribution of cards from deceased landowners to their squads and children for living expenses and how they receive subsistence cards; 5) about those how to give cards again according to the requests of serving people, as well as about giving various lands to landowners for rent and from some lands, carry out a local distribution and some kind of peace; 6) about those in what order to fertilize the good land, so that for how many quarters we give more to the average and bad land than to the good land; 7) about the fence, give cards from the sovereign lands to the patriarchal boyars’ children and to the noble clerks from the zemstvo order; 8) about the protection of the nobles and children of the boyars, by means of sophisticated service, from selling and pawning their cards, and if anyone wanted to sell or pawning their cards during the service, they had to be beaten with a bat and with bailiffs join the regiment, and the patrimony of the white those who give them away, pick them up and turn them over to sellers penniless.
Section 17, about estates. The claim, based on the extensive Moscow legalizations: 1) revives the ancestral and service of the fiefdom from those purchased and respects after the death of the patrimonial owners, so that they do not lose their blues, the row and service of the fiefdom to give up children and relatives; the deceased's friends are allowed to live on only those from their ancestries and purchased estates, or even through marriage, they are recognized from their ancestral and service to their daughter-in-law, because the widow never married or went to the monastery; Daughters will only see service and family estates if there are no blue ones. At the purchased estates, the friends are known as descendants on a par with the children behind the foal. If a person bought an estate and gives it to a squad of children, then the squad in that estate is free and no one has anything to do with that estate; 2) for the purchase of ancestral estates, it recognizes the 40-year old age of these rules, which are confirmed by numerous legalities, and does not allow purchases from estates purchased in any way; 3) prohibits the sale, mortgage and endowment of estates to monasteries, churches and bishops. In addition, votchinniki, entering the monastery themselves, are obliged to immediately sell their patrimony or transfer it to their relatives.
Chapter 18-a, about drukovani mita. Here it is possible to re-insure various types of other mitas for the Constitution: 1st type - mitas in the form of various charters, forts and records of Volodinia with landed and patrimonial lands, in which category the mitas were designated as quarters of the earth; 2nd type - payment from the bribery of government taxes, here in the world there were hundreds of rubles from the bribery ruble; 3rd type - mita with strong call and management certificates, here the other mita were insured, appearing at the right, at the same price; 4th type - mita was praised before the landing and in view of the privileges, here for the leather category of certificates a special drukovane mito was awarded.
Section 19, about the townspeople. The debt, first of all, with a lot of legalization, is transferred to the sovereign by all the private people of freedom in the places inhabited by craftsmen and merchants, and transforms the land on the land. In other words, people from all over the world, like servicemen, who live in places on the white lands, where they were engaged in trade and other small trades, insures the trades of heavy-duty small people and ensures that the smells of trades bring burdens to them. All taxes are equal to heavy taxes people, including Streltsy, Cossacks and Dragoons. This legalization was completely new, which left the excess value of the burdensome lands of the towns and laid the foundation for a greater direction of the town's life. Thirdly, here with a lot of legalization, it means that in every place there should be cowland, and if private individuals have taken over the cowland here, then it should be taken from them and assigned to the place. Fourthly, the duty of the old order requires all the townspeople, for whomever the villagers pledged and went over, to seduce and turn into a tax in the place; Before the old order, the Pokladannaya states that if the townspeople decided to pledge, then beat them with a bat and send them to settle in Siberia on Olena, and whoever they were accepted into their villages, they took the land from them to the sovereign. Accordingly, the villagers, who came to the place with their goods, were allowed to trade only from carts in markets, but not in shops. According to the law, the townspeople, who lived in their homes and worked in various places, had to bear a special burden, wandering around the yard and doing business; There has never been such legalization before.
Section 20, about slaves' court. 1) The law protects the acceptance into serfs of boyar children, established and non-established, of the townspeople and other ranks of people, and the bringing of villagers from the black and Volodar lands, and the influx of serfs; Only free people and slaves with allowances from a large number of gentlemen are accepted for the duties of the slaves. 2) There are different types of slaves and different types of slaves: regular, private, bonded and others. 3) There will be a trial of the Swedish slaves. 4) There is talk about the release and release of slaves. The section is placed in an important position on the stand where the legalization of this item is made.
Section 21, information about robberies and records. Here the Regulations seem to be, first of all, that the robberies and the tatebni are coped with in the Moskovsky district. and in other places and districts the crime must be carried out under the Robbery Law; The local investigation of criminal and criminal records in Moscow itself should be carried out by the Zemsky Dvor, and in the districts and places where there are old age, to conduct those investigations. people are punished. Next, this section lays down the same rules as contained in the larger Rogue Statute and additional articles before it. However, the Statute does not strictly comply with this Statute, especially when punishment is due, for example, in cases of punishment: for the first punishment, the punishment after punishment means a batig, cutting of the left ear, imprisonment, work in kayadans for two rocks, and after the yard work - permission to live in outlying places; for a friend - also punished by a batog, cutting of the right ear, even more punishment and work in kayadans, and then sent to live in outlying places; for the third tab - stratum.
Chapter 22 tells us what offenses should be punished and what offenses should not be meted out with death, but rather with punishment. 1) The death penalty is imposed on the murderers of father, mother, sister, brother, master, abusers of servants who, having arbitrarily called out to a third party in the master's stead, killed them, to conscripts of unrest, to squads - the murderers of their own people (living for dig into the ground), Muslims , how they brutalized the Russian people from their faith (they burn), the women, how they killed their illegitimate child, and they gave birth to all the slaughterers. 2). 3) A prison sentence on the river and a public confession of the crime at the church of the father and mother, who killed the son and daughter, are considered. 4) The raised hand is assigned to the servant who rises to the lord. 5) Violators who harm someone’s arm or leg or earn other calcium are required to commit the same abuse against themselves and will be charged a fine of 50 rubles for skin calcium.
Section 23, about archers. The chapter is folded on the stand legalized in 1609, for which it was punishable to judge the Streltsy in the Streltsky punishment for all rights, except for robbery and crime. If the Sagittarius is not pranked on the Sagittarius in another order, then we can prank him differently than for a signed petition under Streletsky’s order. If the archer jokes about the archer about his dishonor and the dishonor of his squad, and the guilty one in court says that he has nothing to pay, and asks for punishment, then beat him with a batog.
Section 24, about the Otamans and Cossacks. According to the Code of Otamans and Cossacks, it is legal not to take mit from the ship's right, since there is nothing to overestimate 12 krb. For dishonor, the Otamans and Cossacks were to receive 5 krb from their penny salaries, which were food. The elders of the self-made farriers will pay 5 rubles each, and the ordinary self-made farriers will receive 4 rubles each. Up to this section, the legal assessment of animals and bread for the sake of all necessary needs is included.
Section 25. Decree about taverns. The law prohibits the sale of wine not in circle yards, but also the wine trade at home and the sale of tutyuns, and sets out the rules on how to judge for tavern and how to punish innkeepers and tyutyunniks. Rules regarding the reinvestigation of improper trade in wine were established by the legal authorities of Tsars Fyodor Ivanovich and Boris Fedorovich Godunov; These rules are punishable by fines for both sellers and buyers of tavern wine; The punishment increases, considering the number of times someone gets caught in the mess. Rules for the re-examination of trade in cotton warehouses arising from the decree of 1632, which Russian people and foreigners are strictly prohibited from consuming cotton in themselves, and those who disobey are punished without mercy under the threat of death punishment and their courtyards and their lives. collect from the treasury. On the basis of this decree, the Code legislates: people who will be at the door of two and three, these people will be rolled, more than once, and beaten with a bat on a goat or at auction; For these people, these people often suffer from swollen nostrils and cut noses, and after a tortura and punishment they are sent to a distant place. The main court and the administration of criminal cases, both guilt and debt, were recognized in the New Quarter, in which they collected all collections from wine bribery, and in some places they tried the innkeepers of the governor in the punishment huts. To keep an eye on the innkeepers and tyutyunniks, special heads were installed with a large number of boyar children as police servants. In addition, in some places and due to the black taxes, people for tavern extraction are quickly collecting special tens and strengthening them in the New Quarter.
Vantaged...