Lietuvos istorijos institutas

Straipsnyje tiriamos Vilniaus miesto pajamos iš svarstyklių ir saikavimo XV– XVIII a. Analizuojamas svarstyklių ir saikavimo teisinis reglamentavimas, atsiradimo laikas, svarstyklių pareigūnų darbo specifika, šios rūšies pajamų dydis miesto ižde ir kt.

The oldest foundation and donation related documents intended for Orthodox churches and monasteries and issued by private persons date back to the late 14th century. Until the mid- 15th century only isolated documents are available, however starting with the 1440s the number of documents gradually increases up to the very beginning of the 16th century. In total, 107 documents are known (their register is presented in the article). Throughout the period under investigation most of the document drawers were regional dukes (mostly the Gediminids, several Rurikids), however, starting with the middle of the 15th century persons of noble descent were also recorded among the document drawers. 32 different locations where Orthodox churches and monasteries were provided for have been detected (mostly in the duchies of Kiev, Mstislavl, Pinsk, and Slutsk). The largest number of grants (15) were issued for the maintenance of Kiev Pechersk and Pustynsk monasteries which suggests of the importance of Kiev as the centre of religious authority. Document subscriptions indicate that most of the persons who wrote these documents were laymen. The formular of the documents of this type underwent important changes in the middle of the 15 century and at the turn of the 16th century. First of all, in the mid-15th century important trends in the use of corroboratio (corroboration) and testatio (witnessing) formulae were recorded. Corroboratio was first detected in 1445 and soon became a customary section of the document. The principal corroboratio formulae were taken over from Latin documents, however, their distinctive feature was that almost half of the formulae in 1480-1528 had document transfer certificate which was not used in Latin documents. The introduction of corroboratio in the mid-15th century coincided with certain trends in other types of Ruthenian documents, however the emphasis on document transfer was much less frequent there. Testatio is detectable from 1465, however, it was not frequently used until the beginning of the 16th century. There was a variety of testatio formulae obviously borrowed from Latin documents. Two documents have the final part of the formula indicating “other witnesses” which was common of Latin formulae. Testatio in other types of Ruthenian documents was detectable from the late 14th century and starting with the mid-15th century it became a customary section of the formular. In the middle of the 15th century the formular of foundations and donations was supplemented with pertinentio (transfer of rights) and obligation. At the end of the 15th century the verbal invocatio (invocation), the clause of the “freedom of determination and common sense”, and promulgatio (promulgation) were introduced. The use of the verbal invocatio was rather uncommon as compared to Latin foundations which for the most part had that formula. The lack of the verbal invocatio could be considered as a certain peculiar feature of the Ruthenian GDL foundations. Most common were the Holy Trinity formulae typical of the Byzantine tradition, the Name of the Lord formulae, characteristic of the Latin documents, were less frequent. The clause of the “freedom of determination and common sense”, and promulgatio were adopted from Latin documents. In other types of private Ruthenian documents promulgatio was used from the mid 15th century, foundations and donations were the last ones to adopt this formula. By the beginning of the 16th century, however, it had become a part of most documents of this type. The influence of the Latin document is also evidenced by several documents dating back to the 1520s which were dated indicating Anno Domini. It is worth mentioning that by the 1510s promulgatio and testatio became commonly used and corroboratio was an almost mandatory section of the formular.

This article is dedicated to the hitherto little investigated topic of the private document in the Grand Duchy of Lithuania in the 15th – early 16th century. The key problem under consideration is the legal power of such document. Three aspects facilitate its “measuring”: utilization in court, relation to the approbation of the Sovereign, and attitude of the public (possibility of contest). Historical sources suggest of the birth of the private document in the GDL in the late 14th century, however, until the mid-15th century such documents were seldom drawn. Gradually the number of documents announced by private persons – the nobility, gentry and town-dwellers – increased. In the mid-15th century, court rulings related documents, characterized by amplified form and evidencing the emerging niche for the increase in importance of the private document, were started to be drawn, however the role the private document played in court was still rather insignificant. The situation changed dramatically with the introduction of the Lithuanian Metrica in the 1480s. This period witnessed the first cases of the utilization of the private document in court as the key evidence that determined the proceeding of the case. More than 200 cases of such use of private documents in court were detected prior to the announcement of the First Statute of Lithuania (1529). Testaments, acknowledgements of debts, property sales and mortgage papers and other documents were regarded as key evidence in court. Noblemen strived to receive the Sovereign’s privileges corroborating sales of property, however, they were not a compulsory means affirming estate related transactions. The private document was fully sufficient to legalize a transaction. In the second half of the 15th century such documents rapidly acquired the status of a common and widely used instrument supplementing and at the same time affecting private relations.