OF CONTROVERSIES IN LAW, AND HOW THEY ARE ENDED.


Having hitherto spoken so much of the chiefest cities of Russia as
the matter required, it remaineth that we speak somewhat of the laws
that the Muscovites do use, as far forth as the same are come to our
knowledge. If any controversy arise among them they first make
their landlords judges in the matter, and if they cannot end it,
then they prefer it to the magistrate. The plaintiff craveth of the
said magistrate that he may have leave to enter law against his
adversary, and having obtained it, the officer fetcheth the
defendant and beateth him on the legs till he bring forth a surety
for him; and if he be not of such credit as to procure a surety,
then are his hands by an officer tied to his neck, 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
anything to the plaintiff. If he denies it, then saith the judge,
"How canst thou deny it?" The defendant answereth by an oath;
thereupon the officer is commanded to cease from beating of him
until the matter be further tried. They have no lawyers, but every
man is his own advocate; and both the complaint of the accuser and
the answer of the defendant are in manner of petition delivered to
the Emperor, entreating justice at his hands. The Emperor himself
heareth every great controversy, and, upon the hearing of it, giveth
judgment, and that with great equity, which I take to be a thing
worthy of special commendation in the majesty of a prince. But
although he do this with a good purpose of mind, yet the corrupt
magistrates do wonderfully pervert the same; but if the Emperor take
them in any fault, he doth punish them most severely. Now at the
last, when each party hath defended his cause with his best reasons,