IAROSLAV'S CODE OF LAWS
This code must be judged in reference to the times in which it was enacted and in comparison with the formless mass of confused precedents it superseded. The existence of commercial cities in Russia so far back as the invasion of Rurjk, may be accepted as presumptive proof that there were not wanting some regulations to render individuals amenable to the common good. But these were merely the rude precepts of the hunting and agricul-
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tural nations matured into a stronger form, and adapted to the wants of the commercial community. When the Scandinavians subjugated the aborigines, the languages, customs, and laws of both fell into still greater confusion by admixture. When each was imperfect, it was unlikely that a forcible intermixture would have improved either, or led to the harmonious union of both. It is to be observed, too, that none of the nations that made up the population possessed written laws; so that whatever notions of legislation they entertained, were constantly liable to the fluctuations of capricious opinion, and were always subject to the interpretation of the strong over the weak. Where there were no records there was but little responsibility, and even that little was diminished by the character of the rulers and the lawlessness of the ruled. The exclusive attention of the princes being of necessity confined to the most effectual methods of preserving their sovereignties, of enlarging their domains, and of exacting tributes, it was natural that the unsystematic and crude usages that prevailed should fall into further contempt, and, instead of acquiring shape and consistency from experience, become still more oppressive, dark, and indecisive.
It was this matter of incongruities that Iaroslav cast out; supplying its place with a series of written laws, in which some sacrifices were made to popular customs, but which, on the whole, was an extraordinary boon to a people that, like mariners at sea without a compass, were tossed about in a tumult of uncertainty and perplexity. Had Iaroslav been a mere soldier, like the majority of his predecessors, he would have employed his talents in the field, and directed the enormous physical means at his command to the purposes of a wild and desolating ambition. But his policy was in advance of the heathen age: it restrained boundless licentiousness, created immunities, protected life and property, bestowed rewards, enacted punishments, established safeguards and facilities for trade, and expounded and confirmed those distinctions of ranks in which a community on a large scale recognises the elements of its permanency. He had the magnanimity to forego vulgar conquests for the higher conquest of prejudices and ancient habits. The people, probably fatigued with the restlessness of their mode of life, and yearning after repose and settlement, rendered now more necessary by the rapid increase of their numbers, received his laws with gratitude.
A short outline of the leading provisions of these laws will form a curious and valuable commentary upon the character of the grand prince, and the actual state of the people at this period (1018). The first article of the code empowers the friends of a murdered man to take satisfaction upon the murderer; constituting the law as the public avenger only in cases where there are no friends to take their vengeance in kind. In the event of there being no relatives to take the revenge into their own hands, the law goes on to enact that the assassin shall pay into the public treasury a certain fine, according to the rank of his victim. Thus, for the murder of a boyar, or thane of the prince, the mulct was fixed at the highest penalty of eighty grivnas;[2] for a page of the prince, his cook, or other domestics, for a merchant, for the sword- bearer of a boyar, and for every free Russian, without distinction of origin, forty grivnas; for a woman, half the usual fine: no fine for killing a slave; but if killed without sufficient cause, the value to be paid to the master: for a serf belonging to a boyar or free Russian, five grivnas to the owner; for the superintendent of a village, an artisan, schoolmaster, or nurse, twelve grivnas; for a female servant, six grivnas to the master, and twelve to the state.
From these penalites a correct estimate may be formed of the principles upon which the social fabric was erected. In all these provisions the rich were favoured above the poor, the strong above the weak. The life of a woman, because her utility in a barbarous community was rated according to its menial value, was fixed at half the worth of a man's, to be proportioned according to her station. The murder of a slave was not visited with any penalty whatever; the exception constituting, in fact, the privilege to kill a slave at pleasure. Slavery was carried to extremity in Russia. Prisoners of war and their posterity were condemned to perpetual slavery; the poverty of the soil, and the oppression of its lords, forced many to sell their freedom for limited periods; insolvent debtors became slaves by law; and all freemen who married slaves unconditionally, participated in their servitude.
Yet, degrading as these institutions must be considered, it appears that the rights of the person were scrupulously maintained. Thus this code enumerates penalties for striking a blow, describes the different degrees of the offence, and regulates the responsibility accordingly. The distinctions drawn between the different modes of striking are singular, and help to show that, ill as the Russians could appreciate public liberty, they had a jealous sense of that individual respect which, in modern Europe, is called the point of honour. The penalty for striking a blow with the scabbard or handle of a sword, with the fist, a stick, cup, or goblet, was twelve grivnas — equal to the fine for murdering an artisan or a schoolmaster. If the blow was struck with a club, which, we presume, was considered a plebeian weapon, the penalty was only three grivnas. But the most characteristic penalty was that of twelve grivnas for pulling a man by the beard, or knocking out a tooth. The origin of this law may be easily traced to the Goths and Germans, who were rigid in the preservation of their hair, to which they attached extraordinary importance. In the same spirit was the enactment that prohibited the making use of a horse without the permission of the owner, and that visited with imprisonment for life the crime of horse-stealing. This legal protection of the horse is still preserved in the Saxon laws.
The prevailing tendency of the code was to secure to each man his lawful property, and to arm him with the means of protection. Yet it must be remarked as a strange inconsistency, in the midst of this anxiety to erect safeguards around property, that fraudulent debtors were granted a direct escape from liability to consequences. It was enacted, that if one man lent money to another, and the latter denied the loan, the ordeal should not apply; the oath of the defendant being deemed a sufficient release from the debt. This law was the more unaccountable in a country where the legal interest of money was forty per cent., — a circumstance calculated to increase the motives to dishonesty.
Another enactment makes a distinction between the Varangians and Slavs, which illustrates the fact that the latter had always been more advanced in civilisation than the former. By this enactment, a Koblegian or a Varangian was compelled to take an oath where such a test was required, but a Slavonian was exempted. It would therefore appear, if the conclusion may be safely ventured upon, that judicial combats, which formed the final appeal when a defendant in a cause acquitted himself in the first instance by a solemn oath, were not adopted amongst the Slavs, who were satisfied with a public examination of facts, and an adjudication, without the sacred or the physical test. It is sufficient, however, for the great uses of historical inquiry, to know that a difference so remarkable between two branches of the people was recognised and confirmed by law.