simon franklin
dispute resolution and social discipline functioned according to custom. As
the chronicle (quoting from a Byzantine source) succinctly puts it: ‘ances-
tral custom is regarded as law for those who have no [written] law’.
21
By
the death of Vladimir Monomakh, however, three types of law code had
become established, albeit initially on a modest scale: codes issued with the
authority of the Church (‘canon law’), codes issued under the authority of
a prince or princes (Russkaia pravda), and joint codes issued by princes with
and for the Church. For princely governance the most important of these is
Russkaia pravda.
Russkaia pravda is the generic name for a series of codes – or one could view
it as a cumulative code – whose first version was issued by Iaroslav and which
was subsequently adapted and expanded by his successors. Russkaia pravda
begins with an article prescribing the degrees of kinship within which blood
vengeance is permissible (‘a brother may avenge [the murder of] his brother,
or a son his father, or a father his son, or a brother’s son or a sister’s son
[their uncle]’).
22
Subsequently it consists mainly of a list of offences together
with the penalty for each, plus a few articles dealing with procedure. The
growth of the text of Russkaia pravda over this period is evidence for (though
not necessarily proof of ) the expanding expectations and claims of princely
intervention in dispute resolution. Iaroslav’s code is very brief, filling barely a
page of a modern printed edition. It was chiefly concerned with discipline and
disputes within the druzhina itself and the urban elite. It includes, for example,
penalties for striking someone with a sword or sword-hilt, for cutting off an
arm or a finger, for hiding a fugitive slave, for manhandling a Scandinavian,
for damaging someone’s beard or moustache, for stealing a horse, as well as
proceduresforrecovering astolenslavewhohasbeen sold onseveraltimes.The
most notable additions to the code under Iaroslav’s sons consist of penalties
for damage inflicted on the prince’s own servitors and property, while articles
associated with Vladimir Monomakh are more detailed and also extend the
overall scope of the code to deal with, in particular, the regulation of financial
dealings including interest rates on loans.
23
21 PVL, vol. i,p.15.
22 RZ, 9 vols. (Moscow: Iuridicheskaia literatura, 1984–94), vol. i: Zakonodatel’stvo Drevnei
Rusi, ed. V. L. Ianin (1984), p. 47; cf. Daniel H. Kaiser (ed. and trans.), TheLawsofRus’
– Tenth to Fifteenth Centuries (The Laws of Russia. Series i, Vol. 1; Salt Lake City, Oh.:
Charles Schlacks, 1992), p. 15.
23 Iaroslav’s pravda and that of his sons are combined as the ‘short’ version in the surviving
texts: RZ, vol. i,pp.7–9; Vladimir Monomakh’s additions are incorporated into the
‘expanded’ version, which also included later accretions: RZ,vol.i,pp.64–73. Cf. the
English translations in Kaiser, TheLawsofRus’,pp.15–34.
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