Law and society
in turn expected attention and concern. Muscovites recognised several types
of gifts to judges and officials, only one of which – excessive fees for services
not rendered – was considered illegal. The others – gifts at holidays, gifts to
the official’s family – were just considered the cost of doing business.
19
For reasons of lack of specialisation, or the press of other duties, or conflicts
over venue, or corruption or a host of other causes, the law was not a highly
professional arena in seventeenth-century Russia. Delay was endemic, as well
as complaints against judges for favouritism and enmity. Moscowchancelleries
were responsive to replacing a judge when a litigant complained, and law
codes are replete with exhortations, incentives and punishments to ensure
speedy and honest justice. The late seventeenth century saw several efforts to
reform governors’ authority to make it less predatory on the taxpaying and
merchant populations, and in a few celebrated cases governors were punished
for excessive graft and corruption.
20
Muscovite law in the seventeenth century knew two types of procedure –
accusatory (sud) and inquisitorial (sysk), the latter being used primarily but
not exclusively in criminal cases. In an accusatory trial, litigants presented wit-
nesses and evidence, while in the inquisitorial the judge directed the search
for evidence. Accusatory suits, discussed in Ulozhenie chapter 10, were used
primarily for material loss – land disputes, damage to crops and farm equip-
ment, contracts and debts. A typical litigation began, even in criminal cases,
with a complaint that listed the circumstances and value of the loss. The
plaintiff couched his petition in formulaic language suggesting his personal
dependency on the tsar. Each social class used a self-deprecating diminutive to
describe itself – servitors styled themselves the ‘slaves’ of the tsar, clergy, the
tsar’s ‘pilgrims’, peasants and urban taxpayers, the tsar’s ‘orphans’. Litigants
used the diminutive version of first names: Ivan presented himself as ‘Ivashko’,
Vasilii as ‘Vaska’. The conceit was that the tsar was personally bestowing his
justice and mercy on the litigant, through his representative, the judge.
In an accusatory trial, the judge summoned the litigants, itself a complex
process due to the expanse of the realm and demands of military service.
Laws of the seventeenth century established detailed rules about time limits
for appearing for trial, default for late appearance and norms for delay of trial.
19 Brian L. Davies, ‘The Politics of Give and Take: Kormlenie as Service Remuneration and
Generalized Exchange, 1488–1726’, in Ann M. Kleimola and Gail Lenhoff (eds.), Culture
and Identity in Muscovy, 1359–1584, UCLA Slavic Studies, n.s. 3 (Moscow: ITZ-Garant,
1997), pp. 39–67, and P. V. Sedov, ‘Podnosheniia v moskovskikh prikazakh XVII veka’,
Otechestvennaia istoriia, 1996,no.1: 139–50. See also Chapter 20 in the present volume.
20 Christoph Shmidt, Sozialkontrolle in Moskau : Justiz, Kriminalit
¨
at und Leibeigenschaft, 1649–
1785 (Stuttgart: F. Steiner Verlag, 1996), pp. 76–92.
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