By virtue of an express ordinance issued by his czarish majesty, and
signed by his own hand, on the 13th of June, for the judgment of the
czarowitz Alexis Petrowitz, in relation to his crimes and transgressions
against his father and sovereign; the undernamed ministers and senators,
estates military and civil, after having assembled several times in the
regency chamber of the senate of Petersburg, and having heard read the
original writings and testimonies given against the czarowitz, as also
his majesty's admonitory letters to that prince, and his answers to them
in his own writing, and other acts relating to the process, and likewise
the criminal informations, declarations and confessions of the
czarowitz, partly written with his own hand, and partly delivered by
word of mouth to his father and sovereign, before the several persons
undernamed, constituted by his czarish majesty's authority to the effect
of the present judgment, do acknowledge and declare, that though
according to the laws of the Russian empire, it belongs not to them, the
natural subjects of his czarish majesty's sovereign dominions, to take
cognizance of an affair of this nature, which for its importance depends
solely on the absolute will of the sovereign, whose power, unlimited by
any law, is derived from God alone; yet, in submission to his ordinance
who hath given them this liberty, and after mature reflection, observing
the dictates of their consciences without fear, flattery, or respect of
persons, having nothing before their eyes but the divine laws applicable
to the present case, the canons and rules of councils, the authority of
the holy fathers and doctors of the church, and taking also for their
rule the instruction of the archbishops and clergy assembled at
Petersburg on this occasion, and conforming themselves to the laws and
constitutions of this empire, which are agreeable to those of other
nations, especially the Greeks and the Romans, and other Christian
princes; they unanimously agreed and pronounced the czarowitz Alexis
Petrowitz _to be worthy of death_, for the aforesaid crimes and capital
transgressions against his sovereign and father, he being his czarish
majesty's son and subject; and that, notwithstanding the promise given
by his czarish majesty to the czarowitz, in a letter sent by M. Tolstoy
and captain Romanzoff, dated from Spaw, the 10th of July, 1717, to
pardon his elopement if he voluntarily returned, as the czarowitz
himself acknowledges with gratitude, in his answer to that letter, dated
from Naples, the 4th of October, 1717, wherein he returns thanks to his
majesty for the pardon he had promised him solely on condition of his
speedy and voluntary return; yet he hath forfeited and rendered himself
unworthy of that pardon, by renewing and continuing his former
transgressions, as is fully set forth in his majesty's manifesto of the
3d of February, in this present year, and for not returning voluntarily
and of his own accord.
And although his majesty did, upon the arrival of the czarowitz at
Moscow, and his humbly confessing in writing his crimes, and asking
pardon for them, take pity on him, as is natural for every father to act
towards a son, and at the audience, held in the great hall of the
castle, dated the said 3d day of February, did promise him full pardon
for all his crimes and transgressions, it was only on condition that he
would declare, without reserve or restriction, all his designs, and who
were his counsellors and abettors therein, but that if he concealed any
one person or thing, that in such case the promised pardon should be
null and void, which conditions the czarowitz did at that time accept
and receive, with all outward tokens of gratitude and obedience,
solemnly swearing on the holy cross and the blessed evangelists, and in
the presence of all those assembled at that time and for that purpose in
the cathedral church, that he would faithfully, and without reserve,
declare the whole truth.
His majesty did also the next day confirm to the czarowitz in writing
the said promise, in the interrogatories which hereafter follow, and
which his majesty caused to be delivered to him, having first written at
the begining what follows:
'As you did yesterday receive your pardon, on condition that you would
confess all the circumstances of your flight, and whatever relates
thereto; but if you concealed any part thereof, you should answer for it
with your life; and, as you have already made some confessions, it is
expected of you, for our more full satisfaction, and your own safety, to
commit the same to writing, in such order as shall in the course of your
examination be pointed out to you.'
And at the end, under the seventh question, there was again written,
with his czarish majesty's own hand:
'Declare to us, and discover whatever hath any relation to this affair,
though it be not here expressed, and clear yourself as if it were at
confession; for if you conceal any thing that shall by any other means
be afterwards discovered, do not impute the consequence to us, since you
have been already told, that in such case the pardon granted you should
be null and void.'
Notwithstanding all which, the answers and confessions of the czarowitz
were delivered without any sincerity; he not only concealing many of his
accomplices, but also the capital circumstances relating to his own
transgressions, particularly his rebellious design in usurping the
throne even in the life-time of his father, flattering himself that the
populace would declare in his favour; all which hath since been fully
discovered in the criminal process, after he had refused to make a
discovery himself, as hath appeared by the above presents.
Thus it hath appeared by the whole conduct of the czarowitz, as well as
by the confessions which he both delivered in writing, and by word of
mouth, particularly, that he was not disposed to wait for the succession
in the manner in which his father had left it to him after his death,
according to equity, and the order of nature which God has established;
but intended to take the crown off the head of his father, while living,
and set it upon his own, not only by a civil insurrection, but by the
assistance of a foreign force, which he had actually requested.
The czarowitz has hereby rendered himself unworthy of the clemency and
pardon, promised him by the emperor his father; and since the laws
divine and ecclesiastical, civil and military, condemn to death, without
mercy, not only those whose attempts against their father and sovereign
have been proved by testimonies and writings; but even such as have been
convicted of an intention to rebel, and of having formed a base design
to kill their sovereign, and usurp the throne; what shall we think of a
rebellious design, almost unparalleled in history, joined to that of a
horrid parricide, against him who was his father in a double capacity; a
father of great lenity and indulgence, who brought up the czarowitz from
the cradle with more than paternal care and tenderness; who earnestly
endeavoured to form him for government, and with incredible pains, and
indefatigable application, to instruct him in the military art, and
qualify him to succeed to so great an empire? with how much stronger
reason does such a design deserve to be punished with death?
It is therefore with hearts full of affliction, and eyes streaming with
tears, that we, as subjects and servants, pronounce this sentence;
considering that it belongs not to us to give judgment in a case of so
great importance, and especially to pronounce against the son of our
most precious sovereign lord the czar. Nevertheless, it being his
pleasure that we should act in this capacity, we, by these presents,
declare our real opinion, and pronounce this sentence of condemnation
with a pure and Christian conscience, as we hope to be able to answer
for it at the just, awful, and impartial tribunal of Almighty God.
We submit, however, this sentence, which we now pass, to the sovereign
power, the will, and merciful revisal of his czarish majesty, our most
gracious sovereign.