272 The Russian text refers to a “church regulation” {tserkovnyi ustav), corresponding to the Church Ordinance of 1686 referred to in the instruktion, but no such Russian legislation existed when the instruktsiia for the voevodas was promulgated. Not until 1721 did the government issue the so-called Dukhovnyi reglament, or church regulation, which most closely resembled the Swedish church ordinance. Moreover, the Dukhovnyi regiament stated that the clerical authorities {dukhovnaia kollegiia) were to intervene against those who “defame the powers that be {vysokie vlasti), and defy {zle otnosiat) the Supreme Authority itself, and lead the simple people to disrespect for the authorities. Articles 5 and 6 of the instructions regulated the relationship between the administrative and judicial spheres of responsibility. The following principle was stated in the introduction to article 5: Russian text'. The voevoda shall not judge in any The landshövding shall have absolegal disputes between the subjects, and lutely nothing to do with adjudicating not obstruct the judges in their func- disputed matters, or mix together himtions. self and the judgeship either in towns or in the country. Judges in both countries, however, were to be supervised by the provincial governor, who was to see that they executed their duties in accordance with laws and regulations. The courts in Russia were known to delay cases brought before them for interminable periods of time, for which reason the instruktsiia stated with special emphasis that the voevoda was to see to it that “provincial judges ... do not bother the subjects with wastes of time and delays {prodolzhenie i volokity)." In addition to this, it was generally felt that the Russian judges, who were recruited from the service nobility, made judgements favoringtheir peers and allowed themselves to be bribed. I. T. Pososhkov, a contemporary of Peter and an advocate for the interests of the commercial groups, wrote the following critique of the Russian judiciary, which is quite characteristic: Before a true system of justice has been established here in Russia and has fully taken root, we cannot with any means (avoid) the injustices of the rich, any more than it is possible in other countries. Nor can we establish good reputations, since we are inflicted with all sorts of meanness and instability as a result of an unfair system of justice, and unhealthy treatment, and an indiscriminating government. Article 6 decreed that no death sentences might be carried out without the approval of the courts of appeal. Provincial governors in both countries P52, VI, no. 3,718, p. 346. -** I. T. Pososhkov, Kniga o skmiosti i bog.ustve, edited by B. B. Kafengauz, (Moscow, 1951), 91—92. 218 Swedish text: 219
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