i
s
neceffity o f amending and reforming-it. The coxirts o f juf-
i tice were regulated by the ftatutes o f Alexéy Michaelovitch*,
extremely defective both as to order and precifion, and by the
ukafes or imperial mandates iffued by Peter and his fuccef-
fors, uncommonly numerous, and in many important points
contradictory to each other.
T h e vaft empire o f Ruffia was diftributed into a few ex-
tenfive governments : each government was fubdivided into
provinces, and each province into diftridts or circles. Over
each government was appointed a governor; over the provinces
a vayvode and his officers, who formed a chancery;
and over the diftrióts an inferior vayvode, or a kind o f juftice
o f peace.
The abufes which refulted from this diftribution are fuf-
ficiently detailed in the following paffage, from the mani-
fefto o f the emprefs prefixed to the firft part o f the new
code f :
“ We find that many governments are not fufficiently
“ provided with tribunals or officers o f juftice in proportion
“ to their extent; that not only the affairs o f the treafury
“ and o f the police, but alfo the civil and criminal caufes are
“ tried in the fame court in which the adminifiration o f go-
“ vernment is carried on. Nor are the provinces and dif-
“ trifts in thefe fame governments lefs fubjeCt to fimilar in-
* T h e ea rlieft regu la r cod e o f w r it ten
law s was formed, in 1542 , b y Ivan V a ffilie -
v itch I I . from precedents and antient cu f-
tom s .
T h e ftatutes o f A le x e y M ich a e lo v itch ,
a llu d ed to in th e c o n te x t , w ere ch ie fly eom-
pofed from th e above men tioned cod e, from
th e mandates o f th e fovereigns fubfequeht
to Iv an Va ffie liev itch II. from th e decilions
o f th e boiars, w h o in th o le times prended
in the h igh cou rts o f ju ft ic e , and from tlie
B y z a u tin e laws o r ed i&s iflu ed b y th e G re e k
emp erors o f Confta'ntinople. T h e new
fta tu tes , comp iled from, thefe fou rc e s ,
w ith a few ad dition s , b eing in 1650 read in
th e t z a r ’ s p refence, w ere prin ted , and a c o p
y fen t into ea ch province .
See Sta tuta M o fch o vitic a in Herberfteini
I t in . in Mofchoviam ; alfo V o n J u f tiz -W e -
fen in H a y g o ld ’ s Bey 1 agen, p . 379.
t R eglemen ts de C a th a r in e I I . & c . p .
V*U. II conveniences,
“ conveniences, as the foie chancery o f the vayvode is the c^ p-
“ only court which has-cognizance of fo many and fuchdif-i— „_’_j
“ ferent affairs. The diforders relulting from thefe circum-
“ fiances are but too evident : on one fide delays; omiffions,
K and vexations, are the natural confeguences o f fo incon-
“ gruous-and defective a conftitution ; where one bufinefs
“ impedes another, and where the impoffibility o f terminating
“ matters fo various in the foie chancery o f the vayvode oc-
“ cations procraflination, negledt o f duty, and admits only
% a partial difpatch of bufinefs ; on the other fide, thefe de-
V lays generate Chicanery, and encourage the commiffion o f
“ crimes, becaufe the punifhment does not follow the tranf-
<< greffion o f the laws with that celerity which is neceffary to
“ reprefs and ftrike terror into offenders, while the endlefs
“ appeals m from one court to another are perpetual obftruc-
1 tions to juftice.”
But the greateft evil to the lower clafs o f people was derived
from the enormous authority o f the inferior vayvode,
who, though ufually a perfon o f low birth, and totally ignorant
o f the laws, yet could not only irnpofe punifhment for
petty offences, but had even the power o f ordering the knoot,
o f inflicting torture, and 'of tranfporting to Siberia. Hence
perfons fufpeéted of crimes were detained in prifon feveral
years without being brought to a final trial ; were applied to
the torture without fufficient proof, and frequently more
than once.
Marry fovereigns fubfequent to Alexèy Michaelovitch, and
particularly Peter 1. bad framed the project for amending
* T h e mamfeilo o f the emprefs emi- “ fo r e th e m ag i it rate o f : th e tow n , from
menâtes¡ th e followin g inftances o f ap peal in “ w hole fen ten ce he m igh t ap peal to the
tne attairs relative to commerce, as w e ll as “ magiftrate o f th e p ro v in ce , from him fu c -
j ea': es ° merC s or h n rgh e r s. ‘ 1 A “ ceffivcly to the magiftrate o f the govern*
^ per on, not content with the cfeGifion b y ' i( men t, to th e fu pe rior mag iftra te, and
oral ju d g em en t, could ca r ry liis c a u icb e - “ laftly to th e feua te .” Ib id . p". V I I I .
. V o L - ] L ■ N and