Genetic Character Of Legal Terms In Business Writing In The 17th Century

Abstract

The article deals with the origin of legal terms, which were used in the language of business writing monuments of Yenisei Siberia in the 17th century. The study is based on the materials of manuscript monuments of the judicial record of Yenisei Siberia in the 17th century, which are stored in the Russian State Archive of Ancient Acts (hereinafter referred to as RSAAA), in the collection of the Siberian Order (holding 214, list 3). The origin of such notions refers to the differentiation of two layers of the Russian vocabulary: folk-speech (East Slavonic by origin) and book-speech (Old Slavonic by origin, later Old Church Slavonic). The documents were prepared between 1639 and 1693 and reflected the peculiarities of the language of court proceedings in Yenisei Siberia. It was the 17th century when the transition from the clerical language of the Moscow State to the language of office work in the Russian Empire took place. This circumstance is the reason for the scholarly interest in the above-mentioned research: in the 18th century, the glossary of legal concepts and, accordingly, terms were actively enlarged by borrowings from the European languages. Genetic characteristics of the terms of court proceedings in Yenisei Siberia in the 17th century will provide an opportunity to supplement information about the composition of legal terms in the Russian language as a whole.

Keywords: Business writing language, business writing, genetic character of vocabulary, legal notion, special vocabulary

Introduction

The special vocabulary of Russian law of the 17^th century was on the border of pre-national and national periods of the history of the Russian language. It is at this time the development of the national language and the composition of the norms began. At that time the language of court proceedings lacked numerous lexical means from the European languages. Hence there is a need to give a genetic description of the legal vocabulary in the language of business writing in this early period of the development of the national language. This can be done on the regional linguistic material, namely on the material of the documents of Yenisey Siberia in the 17^th century. In the lexical system of the Russian language of that time, the book and folk lexical units are observed. The studied materials reveal the recording of special nominations to one of the speech elements: in some cases, the lexical units are close to the folk speech, in other cases, a tendency to designate legal notions by bookish lexical means of the Russian language is observed. Academician Vinogradov (1982) writes about this distinction as follows:

as the official state language of the Moscow orders and at the same time approaching the colloquial speech of the service class and other social circles, the secular-business language constituted as if an intermediate layer between the literary language and the styles of oral speech. (p. 35)

Folk-speaking and bookish features of special lexical units in the language of business writing monuments are observed both in local documents of the 17^th century and in general Russian legislative acts of the 15-17^th centuries. If the vocabulary of the all-Russian documents is well covered in scientific studies, the lexical features of the language of business writing monuments of separate regions of the Moscow state in the 17^th century are not studied enough, which allows us to speak about the relevance of the research.

Problem Statement

The division of special terms based on their origin is concerned with defining the colloquial and bookish (Old Church Slavonic) origin of the studied lexical units. However, observations are made on the semantic and word-formation features of the studied notions.

Research Questions

The object of the study is the special vocabulary of the field of court proceedings.

The subject of the study is the genetic character of special legal terms in the vocabulary of the business language of Yenisey Siberia in the 17th century.

The results obtained can be used in lexicographic practice in composing aspect dictionaries.

Purpose of the Studу

The purpose of the study is to provide a genetic definition of the special terms of court proceedings in seventeenth-century Yenisei Siberia.

Research Methods

The paper uses the following methods: 1) palaeographic (determining the authenticity of a document, determining the time and place of manuscript writing), 2) source study (establishing the relationship between the genre of the document, its form, place, and time of creation and the conditionality of lexical means), 3) descriptive and analytical (distribution of special vocabulary units into popular-colloquial and book ones).

In the processing of written sources, we apply the method of lexeme selection according to the target specification, the core of which is in the identification of special terms related to the field of court record-keeping in the documents of Yenisei Siberia of the 17th century.

Findings

The processes of special vocabulary composition are connected primarily to regional forms of the Russian language by researchers (Demeshkina, 2018; Gorodilova, 2019; Inutina & Shilnikova, 2017, 2020; Kartavenko, 2016; Kudryavtseva, 2018; Popov, 2017a, 2017b; Rudnev, 2021; Ulitova, 2020). Part of the special nominations in the monuments of the judicial record of Yenisei Siberia in the seventeenth century appeared in the popular-colloquial language. In this case, the variability of lexical units is observed, which is represented in the terms, which are close in meaning and morphemic composition, as well as, which is not typical for business banausic oriented texts, being means of expression.

According to Kozhin (1984):

...Great Russian speech at that time <16-17 cc. - E.P.> acts as a life-giving source, enriching the language of business writing and transforming it into a qualitatively different one in comparison with the language of business writing of Kievan Rus. (p. 8)

The legal terms, conveying the peculiarities of popular-colloquial speech, are the words and phrases бивать -beat, винокурщик -distiller, головщина -golovshchina, поклепать-poklep, делать деньги -to make money, добрые люди -good people.

The examples of microtexts are given from manuscripts of judicial record of the seventeenth Century in the Siberian Order (Collection 214, Record 3) and from texts of ‘Law Codes’ of 1497, 1550 and ‘Council Code’ of 1649, which are kept in the Russian State Archive of Ancient Acts.

The special name is characterized by the stability of usage in business speech: it can be found in the Russian writing since 12^th century. A new special word for 16-17^th centuries was formed from this word -, which has an additional meaning of repeated use of the verb. In the studied documents of the seventeenth Siberia, the nomination is used once: “”. The usage of the word in the colloquial language environment is primarily associated with a repeated action. The word in its legal meaning has not kept in the colloquial Russian language.

The popular-colloquial speech is represented in regional documents by the special nomination of винокурщик -distiller: “He commanded Prince Ivan to bring the wine vessels, cauldrons and pipes to the treasury of the Grand Duchy and to bring those distillers to Yakutsk, having shackled them”. In most dictionaries such lexical unit is not recorded, once there is a non-definitive interpretation of the same-rooted word винокур -distiller. The word distiller is explained as ‘he who produces alcohol, vodka’. The word винокурщик –wine producer was not found in all-Russian legislative acts of the 15-17^th centuries.

Regional documents use the special words, ‘to falsely accuse, to defame’ and -‘a fine, a penalty for murder’.The following microcontexts are single recordings of these lexemes: “”. It is noteworthy that in the 1497 Code of Laws the word turns out to be without the prefix: “”.

In the ‘Council Code’ of 1649 there are words and phrases similar in meaning:- make a false accusation - a wrongful accusation case: “”.

The first word in this series - - reveals a close connection with the Russian folk life, namely with the blacksmith’s craft, as its primary lexical meaning is ‘. Based on this lexical-semantic variation of the common word a legal concept appeared, later with the help of a single-letter word‘to falsely accuse, to slander’.

A special nomination was found in the business writing of the 17th century Siberian coastal area, “”. The following historical fact is of interest, “In 1654 and the following years an unsuccessful financial measure of the government (decreasing the weight of silver coins and producing copper ones of the same value as silver ones) caused a lot of crimes: among counterfeiters there were both high officials and public money-makers and ordinary citizens: then (within 9 years) 22 thousand counterfeiters were punished” (Vladimirsky-Budanov, 1995, p. 345). As a rule, production of counterfeit currency was punished named by the legal term of. This is reflected in the following microcontext from the business writing of the seventeenth Century Siberia, “”.

The original understanding of the expression was not connected with theft as a general name of the crime: 'to mint a coin'. This indicates the use of the term in a professional environment. In parallel, the word combination increasingly begins to function with the words stealing, thieving (to make money by stealing, to make thieving money). In our view, in the sixteenth and seventeenth centuries in the field of court proceedings it acquired an illegal connotation ‘to mint coins by rule of thumb’.

Lexical-semantic variations of the special notion were fixed in the lexicon of all-Russian legislative acts in the lexical meanings 1) ‘law-abiding witnesses’, 2) ‘people opposed to evil people’. In ‘Code of Justice’ of 1497 one can read, “”. Here the word combination is used in the first meaning. The second meaning can be shown on the material of the ‘Code of Laws’ of 1550, “”. In the above example, we observe suppletivism and a difference in the quantitative indicator of the denoted reality (people - person).

The researched documents of Yenisey Siberia in the 17^th century give an idea about using the special term in the meaning ‘people, opposed to the wrongdoers’, “”. The adjective brings not only additional meanings to the lexical meaning of the special term, but also expressiveness and imagery, contributing to a positive personal characteristic of a participant in investigative measures.

The book character of the legal nominations in the language of the manuscripts of business writing of Yenisei Siberia in the 17^th century reflects mainly the peculiarities of document preparation in the Moscow orders. The conducted research shows that local legal documents use special terms. Their phonetic and word-formation features go back to the Old Slavonic language. The stylistic possibilities of legal formulas both in the main content of the document and in its obligatory structural parts are also of great interest.

The word, considered above, in local documents is closely connected with the lexical unit formed from. Sreznevsky (1912) explains the wordin the following way: 1)'. is similar to assassination phonologically and graphically, which denotes 'premeditated taking of life' in Old Russian. Such meaning was expressed by special notions with the root (p. 1109).

One can assert that in the pre-national period of the Russian language meant 'infliction of grievous beatings'. Hence the logical addition of the adjective in combination with the word focused, “”. The text of the ‘Council Code’ of 1649 confirms these observations, “”. Nikiforova (2005) pays attention to this peculiarity of the word usage, “After the development in the semantic structure of the word the differential seme specifying the degree of action – ‘to the end, to death (beat)’, such term became odd in literary language” (pp. 34-350).

In the business writing of Yenisei Siberia in the 17^th century scribes strove to replace the Old Slavisms with native Russian lexical units. For example, in some documents the word нерадение -negligence (Old Slavonic suffix -nij-) нерадение -'negligence' is used, “The customs officials who accompanied him on customs duty were beaten and admonished for their negligence and did all kinds of violence”, and in other acts they use the word omission оплошка -the omission for negligence, thoughtlessness, sluggishness’, “and he [they] before the previous salary in tangible worth made a loss with their negligence and omission”. Such substitutions are also observed in the Smolensk business manuscripts.

The Old Slavonic suffix -nij- gives the special word оправдание -justification ‘confirmation of the truth’ a bookish, standardized character, “that he answered in this court above to the plaintiff as evidence and to himself as an answer to justification”. There is no Russian synonym for the word оправдание -justification in all-Russian and regional documents, although it did exist in the vocabulary of the 16^th century. Such a synonym was the word оправдание -justification ‘acquittal, acknowledgement of guiltlessness’, “Взялъ… въ ту же проторь по счетной памети, опричненно того, что ѣздоки съ Москвы привезутъ обвинку или оправку. 1548 г.”

The special term челобитная- petition was derived from the word combination челобитная грамота-written petition, where the adjective челобитная- petition ascends to the word челобитие → челом бить- delivery of a petition- present a petition – to take off hat -‘to beat 'to bow, to ask’. In the 17^th century documents of Yenisei Siberia the notions челобитная and челобитие - a petition -delivery of a petition are very common in usage, “To this petition, Ivan Rodionov instead of Andrey Minin and Yemelyan Kalin by their will and for himself took a hand”, “The ataman Osip Galkin received a petition about much money and other grievances to their house”. In the business writing of the 17^th century Siberian coastal area the terms челобитная and челобитие - a petition -delivery of a petition are used in combination with different adjectives, thus becoming the core of special nominations that can be divided into two groups.

The first group includes the terms containing an adjective with the meaning of an investigative act: Изветная челобитная -a denouncement (an open public accusation or reporting a person or a group of persons to public authorities, often done anonymously for low political or personal motives, on which the informant has a personal interest or hopes to gain personal benefits), for example, “he commanded to say in the famous petition against him Eufim and the clerk against Semyon Obramov”; исковая челобитная -the petition for a suit/ controversial bill, for example, “And the petitioner said that he questioned his claimant for a week without having cleared his claim and a controversial bill”. The second group consists of terms, rendering the general origin of the document: ложное челобитье и словесное челобитье -a false and verbal petition, “on their verbal petition the postman and voivode Stepan Sabakin gave orders to the clerk Ivan Yudin on this price money <...> to issue them all without any free will”.

The special notions изветная челобитная- a denouncement, исковая челобитная- a petition for a suit/ controversial bill, ставочная (ставошная) челобитная- a petition to confirm the appearance in court in local business speech are associated respectively with the nominations извет- denouncement’, e.g. “wrote an izvetnaia petition on me to the Grand Duke”; иск-Claim ‘address to the court on property and other issues”, e.g. “the claimant his servant Ivanko Gnevyshev wrote this claim and filed the claim petition”; appearance before the court “to come to court at the appointed time”, e.g. “And in the record book, where the credentials and letters rogatory and the petition of committal are recorded”.

Stylistically marked special names in the monuments of business speech in the documents of Yenisei Siberia in the 17^th century should be considered verbal nouns.

The first group of verbal nouns in business writings of the seventeenth Yenisei Siberia denotes names of crimes: грабеж -robbery ‘taking someone else's property by force’ ← грабить-rob, “in Tomsk it was ordered to rob the Krasnoyarsk duty people, that they were robbed by Tomsk duty men from Kizyn volost (district)”, “that they robbed and beat commercial people”.

The second group of verbal nouns is united with the meaning of actions of litigants in a civil procedure: иск -suit ‘an appeal to the court on the property and other issues’ ← seek, “The plaintiff and defendant should confirm with their hands that the chattel memory is similar to the order”, “The boyar Prince Ivan Borisovich Repnin and his associates, having heard this lawsuit, adjudged the plaintiff okolnichy Rodion Mikhailovich Pavlov to find him guilty for seeking on the Yenisei land of the boyar on this Stroganov’s account”.

The second group of verbal nouns is united with the meaning of actions of litigants in a civil procedure: иск - claim ‘an appeal to the court on property and other issues’ ← seek, “The plaintiff and defendant should confirm with their hands that the chattel memory is similar to the order”, “The boyar prince Ivan Borisovich Repnin and his associates, having heard this lawsuit, adjudged the plaintiff okolnichy Rodion Mikhailovich Pavlov to find him guilty for seeking on the Yenisei land of the boyar on this Stroganov’s account”.

The third group of verbal nouns is the most numerous and denotes actions of judicial officials. Special names with the roots -sk (-ysk) and -pros (-prash-) are productive from the point of view of word formation:

1) обыск -search ‘interrogation of witnesses, investigation’ ← обыскать- to search, “According to the ruling of the Tsar and Grand Duke Mikhail Feodorovich of all Russia and the title of the Yenisei burg, Streltsy and Cossack head Peter Beketov said a search”, “According to the ruling of the state, they were ordered to search commercial and any people at Obvorsk and Kirtasko outposts”;

2) розыск - investigation' ← to search: “The same day the Cossacks Afonka Cher<defect> Andryushka Mikhalov Ivashko Novikov told a search about Aleksey Galkin”, “and on a petition of duty people [soldiers] were ordered to search, if servicemen called them traitors”;

3) сыс -‘investigation’ and ‘a document describing the course of an investigation’ ← to investigate: ‘about all this in the investigation will be truly told’, ‘they sent the investigators to investigate with their own hands’;

4) допрос -interrogation ‘a formal questioning’ and ‘a document containing an interrogation’ ← допросить –to interrogate: Ivan Yeremeev and commercial and industrial people were obliged to be interrogated,”assured in the “interrogation ”upon the Lord Tsar and Grand Duke Aleksey Mikhailovich of all Rus’ blood oath, that “we do not know anything about the diligent Karelian and Latvian princes in the Tomsk city and in the Tomsk districts”, “But according to that memory, Ivan Yeremeev and the commercial and industrial people were to be interrogated in good faith”;

5) расспрос ‘допрос’ ← расспросить -questioning 'interrogation' ← to inquire, “The valet Vaska Khvostov and his companions in your state house have told me”; “And by your majesties’ edict and by warrant about the Ilime wineskin and the barque there is no one to question”.

The bookish character of special nominations in business writing of the 17^th century was created not only using words modeled on Old Slavonic words or by stylistic features of verbal nouns, but also due to the numerous legal formulas developed by the Moscow clerical system.

The linguo-textological term формула -the formula is considered in detail in the studies of Deryagin (1980)

in linguistic respect, it is reasonable to understand a phraseology of nominative or communicative nature, as well as a word-combination, a syntactic construction (sentence model) with a more or less constant lexical composition. The main elements of formulas are legal terms and terms of business speech (words, word combinations with functional and stylistic connotation). (p. 5)

The key point in the cited quotation is the idea of the possibility of distinguishing formulas through the detection of special legal terms used in the nearest relatively stable lexical environment.

In the following petition of V. Yakimov for exemption from service in the Petition Order, written in Moscow on 22 February 1676, several formulas can be distinguished, “To the Tsar of the State and Grand Duke Feodor Alexander Alekseyevich of all the Great, Small and White Russia / the Autocrat announces the insult of your servant Vaska / Yakimov by your Grand Duke’s order / it is decreed that I Your servants to be at the Chelobin court, clerk at Ivan's place / Mikhailov’s. Your servants were bound by your great clerk’s order / wounded by illness / and could not see him at all from old age, Sovereign Grand Duke Yeodor Alexeyevich of all the Great and Small and White Russia and Autocrat have mercy on me, my idol for my old age and my daughter’s request to dispose of the tsar’s mercy. Formulas typical of 17^th century business speech in this text are as follows, “To Tsar His Majesty and Grand Duke ... of all the Great, Small and White Russia”, 2) “beats a tune for your servants”, 3) “Lord Tsar and Grand Duke ... of all the Great, Small and White Russia”, 4) “has pity on me your servant”.

Drafters of local documents sought to master the experience of Moscow records management, which should have led to the strict adherence to the standard use of such expressions of speech. Monuments of business writing of the seventeenth century in Yenisei Siberia contain rich material, partly confirming this. It seems appropriate to consider legal formulas according to the structure of the document, in which it is customary to distinguish the initial, main and concluding parts.

The initial part of the judicial documents of Yenisei Siberia in the seventeenth century uses legal formulas that are semantically associated with Christianity. These include such phrases as сказать в допросе по святеи евангельскои заповеди господни, сказать в допросе взирая на образ божии и сказать по священству -Say at the interrogation according to the commandment of the Lord, Say at the interrogation looking upon the image of God and Say according to the priesthood. Their common structural component is the lexical-semantic variant of the special word сказать-to say ‘to testify’, “The priest Vasily Korenev, deputy of the royal family, under interrogation, said according to the Articles of the Most Pure Evangelical Law the same words as he said during the interrogation”, “Bishop Varlam and priests Grigorey and Kozma of Bethlehem said according to the holy sacrament as they did during the previous year”.

To convey the truthful character of the testimony of the primordial population of the 17^th century Siberia the compilers of the documents use another juridical formula- сказать в сыску по своеи вере по шерти –

To tell in search according to his faith according to the adjuration: "The land of Tuba Burchan Koyanov said to me in search according to his faith according to the adjuration from Vasilev de plots was a loss of a goat and a lynx and five good beavers and ten black sables and a fox". The word shert was known in the lexical meaning 'oath'. (Sreznevsky, 1912, p. 1587)

The formula бьет челом сирота твои твоеи государевы дальные Сибирские отчины Красноярского острогу –‘beats an oath to your tsar’s orphans in the distant Siberian provinces of the Krasnoyarsk ostrog (prison)’ contains a special term, ‘to take off hat’, ‘to complain’. The above quoted standartial usage is commonly used in petitions, “To the Tsar Prince and Grand Duke Aleksey Mikhailovich of all the Russias, the honorable Tatar Shalashka Yataev snitching at your orphan your distant Siberian lands of the Krasnoyarsk burg”.

Special nominations of the court record of Yenisei Siberia in the seventeenth century are presented in numerous legal formulas in the main part of the document. The first group of constructions is united by the word накрепко: пытать вдругоряд накрепко- ‘strictly’: to torture another row strictly – ‘in that he Fedka Balakir was tortured another row strictly, that he told the truth about it’; розыскать накрепко -to hunt pressingly – “And we the Great sovereigns ordered to hunt many people to learn the false petition of that Aralzhitsa boyar son Evdokim Kurdyukov in Balagansk”. The second group of formulas is linked to the use of the word порознь: распросить порознь -“at random”, “I asked all your serfs about all the people whom Mikitka Kochergin visited in your town house at random”; “Those interrogators were asked about by name at random at strictly every time”.

The formal language of Old Russian documents is often emphasized by the repetition of roots and the use of homogeneous elements in legal formulas. In regional business writing, the intensification of expressiveness is shown in stable combinations: порутчики поручились – «порутчики поручилис есмы -The lieutenants vouchsafed, “We vouchsafed in the Krasnoyarsk burg by order of Lieutenant Vasil Ivanov son Eremeyev that he must not escape from Yeniseisk burg by our guarantee until the decree of the Great Government”; The promises were promised – “they servants [people] promised him Ivan to mark their promises according to his Ivanov’s request, and as they promised him promises and he the clerk promised them notes about giving the Great Dependencies and noted them the stipends”; in the search – “in this year in the search many people said that they were searched”. Such verbal and semantic repetition (semantic amplification) is a major device for formulae.

Similar amplification is given by the use of homogeneous elements connected by the repeating conjunctive and, “We have not suffered injuries, crowding or taxes from anyone” and “A merchant in the Krasnoyarsk ostrog sits in the janitor’s hut with thieves, while the arable peasants inflict great hardship and taxation on us”.

Stable legal formulas are also present at the end of documents. Most of the tales, interrogatories, questionings and interrogation-and-search speeches, which represent living speech, contain the last lines of the formulas то наши и речи и скаска а скаску писал томскова города служиваи члвкъ Васка Неупокоевъ •РОЕ•г году ноября въ •КИ•», «обиды от него мнѣ не бывало то мои рѣчи а сказку писал своею рукою -“my speeches and the tale, my speeches and the tale, “he wrote our speeches and the tale and the tale was written by servant Vaska Nepokoev, servant of the Tomsk city in November in the year”, “I had no offense from him, he wrote my speeches and the tale with his own hand”.

Conclusion

To conclude, the special vocabulary of the manuscripts of business writing of Yenisei Siberia in the 17^th century is characterized by a marked predominance of the following book lexical means: Old Slavic words. The verbal nouns; The legal formulas are.

Legal terms close to the spoken Russian language are used in the language of the regional business writing less than words and expressions of bookish character:. Lexical-semantic variations of the above nominations are steadily used both in documents and in oral everyday life.

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