Canon law of Kyivan Rus'

The Law of Kyivan Rus’ is the Law of eastern Slavic legal tradition that originated and developed on the basis of a common law. In the future, along with the legal tradition, was formed a new source of law - a princely legislation.

Since the adoption of Christianity in 988, the church and princely (secular) law of Kyivan Rus’ closely intertwined and formed a kind of a set of rules contained in the canons of the Church and princely legislation. There was canon law, consisting of norms of canon law comes from the church and the legal norms about the church come from the secular power.

The norms of canon law were introduced to Kyivan Rus’ from Byzantium. The basis of the jurisdiction of the ecclesiastical system was the legislation Eastern Christian Church.

The Legislation Eastern Christian church contained a fundamental dogmatic beginning, basic canonical framework, the basic principles of organization and administration of the church and, in particular, regulate the functioning of the ecclesiastical court. The sources of canon law, in particular, were Byzantine legal collections: “Eclogue ”, “Prohiron” та “Zakón Súdnyi Liúdem ”.

Ecloga (εκλογή — choice) — a short set of Byzantine legislation (лат. Ecloga Basilicorum). Was an abridged sample compilation of the codification of Emperor Justinian (known as the Corpus Juris civilis), and subsequent acts of the Byzantine emperors, in order to make the law more accessible to the public.

Ecloga created during the reign of Emperor Leo III in the first half of the VIII century (probably in 726). In it are included mainly norms of obligations. In general, it reflected the changes in the social and political life of the Byzantine Empire, bringing legislation to the norms of Christian morality.

Prohiron (from the ancient Greek Πρόχειρος - at hand) - a collection of the Byzantine rules of civil, criminal, judicial and ecclesiastical law. Founded in 879 by order of Emperor Basil I. Prohiron is a guide for judges, rather than the official code of laws.

Zakón Súdnyi Liúdem (Old Church Slavonic: Законъ соудьныи людьмъ) or Legal Code of Tsar Constantine (Sudébnik tsariá Konstantína) is the oldest Slavic legal text. Its source was Byzantine law. It was written in Old Church Slavonic and Old Russian.

Princely legislation constituted ecclesiastical statutes and church charters, which were intended to: a) delineation of judicial jurisdiction, b) distribution of property income from court cases, c) the legal implementation of the Christian church’s activity in Kyivan Rus’, d) ordering of sexual relations. Sources princely legislation, in particular, were the Charter of Prince Volodymyr and the Charter of Prince Yaroslav (the wise).

The Charter of Prince Volodymyr - the source of church law drawn up in X-XI centuries. The charter was the first piece of legislation to determine the status and powers of ecclesiastical authority in Kievan Rus, after the adoption of Christianity by one. Church, except judicial powers, was under his supervision system of weights and measures, as well as a monthly allowance in the form of tithes from the princely income.

In the introduction refers to the Baptism of Kyivan Rus’ and the first Kyivan Rus’ metropolis, on the construction of Prince Volodymyr Church of the Blessed Virgin Mary and the establishment of its content the tithe from all princely income: why the Church itself is called the Church of the Tithes.

In the introduction also states that, in Nomocanon in the spiritual courts secular government has no right to interfere, however, Volodymyr decides that the spiritual judges must be present in the secular courts to oversee properly, inoffensive for the church tithing income levy court.

The main part of the Charter contains a list of cases in which all citizens are subject to spiritual court, as well as, individuals and institutions under the jurisdiction of the church in all cases, and the ruling on the impact of trade measures and weights in the Church Office. 

Cases to be on "the Charter" ecclesiastical court:

-       The case of marriage - divorce, bride kidnapping (pagan marriage custom) and cases of unlawful marriages in degrees of consanguinity or affinity;

-       The cases involving offenses against the faith and the church: about witchcraft and manufacture of poisons, about church tatba (theft), robbing the dead, the commission pagan rituals and the desecration of temples;

-         The cases of verbal abuse and battery;

-         The cases of adultery and unnatural debauchery.

The Charter of Prince Yaroslav – the legal act of regulating social relations falls under ecclesiastical jurisdiction, compiled during the reign of Prince Yaroslav the Wise.

The entry of Charter - It says that Prince Yaroslav Volodymyrovych, on the advice of Metropolitan Hilarion, examined the Charter of his father in comparison with Nomocanon and confirmed it. But in the text of "Charter" can be seen that Yaroslav was not limited to evidence of "Charter of Prince Volodymyr", also he added to the judicial part the new regulations, to extend the scope of jurisdiction of the church.

General conclusion and spell - contains an indication that all litigation and all sorts of things related to church people, are subject exclusively to the court of the diocesan bishop. Spell determines the moral responsibility Prince descendant who would like to break the charter ancestor, and legally responsible offender - the official "judgment and punishment according to the law", ie Nomocanon.

Here are some crimes of the Charter:

 1. The theft of a girl with a view to joining her in marriage. For this crime the thief shall pay a penalty depending on the social status of a girl: a) Boyar’s daughter - 5 gold to a girl (for a shame) and 5 gold to a Metropolitan, b) daughter of smaller boyars hryvnya gold to a girl (for a shame) and the  hryvnya gold to a  Metropolitan, c) the daughter of the good people - two silver   hryvnya  to a  girl (for a shame) and one ruble to  a Metropolitan.

The Prince imposes a penalty on the thief, regardless of church discipline.

(1  hryvnya gold (160 grams of gold) = 15  hryvnya of silver (30 solidi, at the rate of exchange of the XI century Constantinople) = 60  hryvnya of a kun).

2. The rape of Boyar daughter or wife. For this crime a rapist shall pay a penalty depending on the social status of a girl or women: a) Boyar daughter or wife - 5 gold to a girl or a woman (for a shame) and 5 gold to a Metropolitan b) daughter smaller boyars – hryvnya of gold to a girl or woman (for a shame) and hryvnia gold to a Metropolitan, c) the daughter of the good people - 12  hryvnya of kun to girl or a women (for a shame) and 12  hryvnya of kun to a Metropolitan.

3. If an unmarried woman is engaged in the fornication or give birth to an illegitimate child, then whether she is a girl living in the house of her father and her mother, or a widow,

 She should expose in this offense. After rebuking the guilty a girl or a woman must be enclosed in a monastery (to serve her repentance).

4. If the girl's parents did not wish to give their a daughter in marriage, even though the girl would desire it, then (they are required to pay for such an offense) to a Metropolitan: a) if the parents of the family of the great boyars - 5 hryvnya of a gold, b) if the parents of the smaller boyars – 1 hryvnya of a gold, c) if the parents is the common people - 1 ruble.

5. If a husband cheating on his wife, the Metropolitan cannot collect money from him, but the punishment for the adulterer shall impose by the Prince.

6. If a man enters into a second marriage without breakup of the first marriage, he is responsible for it before the Metropolitan. He must live with his first wife, the second wife must be sent to the monastery.

 7. If a married woman voluntarily enters into a second marriage, then this wife (to be concluded) to the monastery, and  a Metropolitan shall impose a fine on her second husband (lover).

8. If the godfather with godmother to come into fornication (illegal connection), (guilty pay) to Metropolitan 12 hryvnya of kun. In addition, they will be imposed a penance (an ecclesiastical penance).

9. 14. If someone set fire to a barn or yard, or whatever (in church possessions), (the offender will be pay) to a  Metropolitan 40 hryvnya.

10. If someone fornication with his sister, he will pay, (the offender pay) to a Metropolitan 40 hryvnya. In addition Het will be imposed a penance.

Thus the content of the sources of a canon law of Kyivan Rus' indicates the presence of two interrelated processes: the Christianization and the feudalization. These processes have been a manifestation of European development of Kievan Rus' in the context of convergence of ancient and barbaric social structures and ideologies.