Swear (Oath, Curse, Self-Plight) in Ukrainian Folklore and Judicial Culture of the 14th–18th Centuries

Abstract

The article is dedicated to the definition of specific terms used in the sources of the late medieval and early modern period (the 14th – 18th centuries), in particular, such representing judicial, legal and other collisions that have marked swear – oath –curse – self-plight. At that time such short folklore forms have been used for various disputes and disputable cases of human life almost for each social group and state with different official status. They are obligatory and integral part of the procedure for swearing in courts, being the most effective method of truth ascertainment. The methodological basis of the research consists of the papers of foreign (Polish, Israeli, British and others) scientists. At the same time they follow mainly the German version of novation work of Kharkiv professor Yevhen Kaharov published in Lviv at the early 20th century. Analysis of sources (mainly, published legal documents and judicial cases) of the late medieval and early modern periods has shown that the term an oath (prysiaha) and its derivatives to swear an oath (prysiahnuty), to take an oath (prysiahaty) is the most widespread to be used in various cases. The specific term for the definition of oath of vassal’s confidence within the frame of feudal hierarchy was the word hold and its derivative holduvaty – to swear fealty by vassal to his suzerain. The terms swear and to curse are central for this topic. They denote swears and curses, including self-plights. At the same time, it is not possible to distinguish the well-established terms used in forms of swear – curse – self-plight as they have been documented rarely.