The historians' history of the world in twenty-five volumes, volume 17 : $b Switzerland (concluded), Russia and Poland
History
The historians' history of the world in twenty-five volumes, volume 17 : $b Switzerland (concluded), Russia and Poland
World history
The prevailing tendency of the code was to secure to each man his lawful
property, and to arm him with the means of protection. Yet it must be
remarked as a strange inconsistency, in the midst of this anxiety to
erect safeguards around property, that fraudulent debtors were granted
a direct escape from liability to consequences. It was enacted, that if
one man lent money to another, and the latter denied the loan, the ordeal
should not apply; the oath of the defendant being deemed a sufficient
release from the debt. This law was the more unaccountable in a country
where the legal interest of money was forty per cent.,--a circumstance
calculated to increase the motives to dishonesty.
Another enactment makes a distinction between the Varangians and
Slavs, which illustrates the fact that the latter had always been more
advanced in civilisation than the former. By this enactment, a Koblegian
or a Varangian was compelled to take an oath where such a test was
required, but a Slavonian was exempted. It would therefore appear, if
the conclusion may be safely ventured upon, that judicial combats,
which formed the final appeal when a defendant in a cause acquitted
himself in the first instance by a solemn oath, were not adopted amongst
the Slavs, who were satisfied with a public examination of facts,
and an adjudication, without the sacred or the physical test. It is
sufficient, however, for the great uses of historical inquiry, to know
that a difference so remarkable between two branches of the people was
recognised and confirmed by law.
Public-domain text, read in full here on John Shaqi.
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