Аннотация: The Author, having studied the features of the procedural position of a witness in criminal proceedings in the XVIII –first half of the XIX centuries, came to the conclusion that the legislation regulating the procedural position of a witness was sufficiently developed, but contained legislative remnants and layers of several epochs, including the Moscow and Peter's periods. Peter's legislation on witnesses, being progressive for its time, in a certain way limiting the arbitrariness of judges, then 100 years later, being simply systematized, and not improved, no longer met the spirit of the time, and required reform in line with liberal concepts, which was implemented during the Great reforms of Alexander II.