Richard Hakluyt, The Principal Navigations, Voyages, Traffiques, and Discoveries of the English Nation

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Of controversies in Lawe, and how they are ended.

HAVING hitherto spoken so much of the chiefest Cities of Russia, as the matter required: it remaineth that we speake somewhat of the lawes, that the Moscovits doe use, as farre foorth as the same are come to our knowledge. If any controversie arise among them, they first make their Landlords Judges in the matter, and if they cannot end it, then they preferre it to the Magistrate. The plaintif craveth of the said Magistrate, that he may have leave to enter law against his adversarie: and having obtained it, the officer fetcheth the defendant, and beateth him on the legges, till he bring forth a suretie for him: but if he be not of such credite, as to procure a surety, then are his hands by an officer tied to his necke, and he is beaten all the way, till he come before the Judge. The Judge then asketh him (as for example in the matter of debt) whether he oweth any thing to the plaintife. If he denies it, then saith the Judge, How canst thou deny it? the defendant answereth, By an othe: thereupon the officer is commaunded to cease from beating of him, untill the matter be further tried. They have no Lawyers, but every man is his owne Advocate, and both the complaint of the accuser, and the answere of the defendant, are in maner of petition delivered to the Emperour, intreating justice at his hands. The Emperour himselfe heareth every great controversies, and upon the hearing of it, giveth judgement, and that with great equitie, which I take to be a thing worthy of speciall commendation, in the Majestie of a Prince. But although he doe this with a good purpose of mind, yet the corrupt Magistrates do wonderfully pervert the same: but if the Emperour take them in any fault, he doeth punish them most severely. Now at the last, when ech partie hath defended his cause with his best reasons, the Judge demandeth of the accuser, whether he hath any more to say for himselfe: he answereth, that he will trie the matter in fight by his Champion, or else intreateth, that in fight betwixt themselves the matter may be ended: which being graunted, they both fight it out: or if both of them, or either of them seeme unfit for that kinde of triall, then they have publike Champions to be hired, which live by ending of quarrels. These Champions are armed with yron axes, and speares, and fight on foote, and he whose Champion is overcome, is by and by taken, and imprisoned, and terribly handled, untill he agree with his adversarie. But if either of them be of any good calling, and degree, and doe challenge one another to fight, the Judge granteth it: in which case they may not use publike Champions. And he that is of any good birth, doth contemne the other, if he be basely borne, and wil not fight with him. If a poore man happen to grow in debt, his Creditor takes him, & maketh him pay the debt, in working either to himselfe, or to some other man, whose wages he taketh up. And there are some among them, that use willingly to make themselves, their wives, and children, bondslaves unto rich men, to have a little money at the first into their hands, and so for ever after content themselves with meate and drinke: so little accompt doe they make of libertie.