Courts and Court Hierarchy in Novgorod the Great in the Late 16–Early 17th Centuries

Суды и судебная иерархия в Великом Новгороде в конце XVI — начале XVII века
Adrian Selin, Ilona V. Iablokova
2020-11-10

Muscovite Rus’ legal practiceNovgorod Court ChancelleryNovgorod judicial hierarchySudebniki and customary lawTime of Troubles
Abstract Daily legal practice in local centers of Muscovite Rus’ before the publication of the Law Code of 1649 (Sobornoe Ulozhenie) has been poorly studied. This article uses comparative analysis to study two groups of sources about the legal process and law enforcement in Novgorod the Great in the late 16th–early 17th centuries. The analysis illuminates a complicated hierarchy of legal levels. At the same time, the competences of the courts at each level were not always clearly defined, which corresponds to the ideas formulated by N.S. Kollmann in her study on crime and punishment in Muscovy. In the late 16th–early 17th centuries, the Novgorod Court Chancellery was a middle level of the judicial system. The highest instance was the court in Moscow, which passed judgment on behalf of the tsar and was provided by central chancelleries in the Kremlin. During the Time of Troubles, the hierarchy became simpler: the communication with Moscow disappeared and only two levels prevailed in Novgorod. The city administrator’s court (voevoda) dealt with political crimes and landowners’ disputes, while the City Court and other lower level courts dealt with civil and petty criminal cases. The courts were ruled by both codes and customary law: the existing law codes (Sudebniki) did not cover all the diversity of legal cases.
1
Comparative analysis reveals a complex hierarchy of judicial levels in Novgorod the Great during the late sixteenth and early seventeenth centuries.
2
Court competences were not consistently defined, indicating overlapping or ambiguous jurisdiction across judicial levels.
3
During the Time of Troubles, communication with Moscow ceased and Novgorod’s judicial hierarchy was reduced to two principal levels.
4
Judicial practice relied on both statutory codes and customary law because the Sudebniki did not cover the full range of legal disputes.
5
The Novgorod Court Chancellery functioned as an intermediate judicial level, while Moscow served as the highest court acting on behalf of the tsar.
6
The voevoda’s court handled political crimes and landowners’ disputes, whereas the City Court and lower courts handled civil and petty criminal cases.

The court hierarchy and legal process in Novgorod the Great in the late 16th–early 17th centuries

The hierarchical organization, jurisdiction, and changing levels of Novgorod courts, including the interaction of statutory and customary law

Publication Details
Publication Date
2020-11-10
Journal
Publisher
ISSN
Access Type
Author Information
Authors
Adrian Selin
Ilona V. Iablokova
Explore further
Open the scid.ai AI chat with a ready-made request: it will find papers on a similar topic and help build a literature review.
Find similar papers in the chat
Make a presentation
100%