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История государства и права России. Система жалованных грамот Великого московского князя (самое важное)

Lecture notes, cheat sheets

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22. The system of letters of commendation of the Great Moscow Prince

Letters of Companion Grand Duke of Moscow in the XIV-XV centuries. were the main written sources of law in the Muscovite state.

Letter of Companion of the Grand Duke is a legislative act, according to which certain guarantees and compensations, exclusive rights related to management and other powers were provided to church institutions, monasteries, courts and other persons.

The letters of commendation contained the following right:

1) the right to own and use a land estate;

2) full or partial exemption from state taxes, duties and duties of all persons who have received letters;

3) the right to recruit free people and peasants from other principalities to their lands, with the release of settlers from state taxes and duties for "lesson years" (terms specified in the charter); at the same time, the clerks were forbidden to call back to their lands the people of their prince, black, tax-paying, "written peasants" (included in scribe and census books);

4) full or partial release of the grammers, their serfs and peasants from the jurisdiction and control of princely officials, with the prohibition of the latter's right to enter the estates of the clerks.

Letters of grant could be bestowed:

1) the Grand Duke;

2) church authorities;

3) specific princes.

Letters granted by the Grand Duke always had the force of a private law. It was confirmed by a red seal with the prince's name and coat of arms.

Letters of commendation could be given:

1) monasteries and other church institutions;

2) secular people.

Types of letters:

1) complained;

2) not convicted (i.e., granting the grammatist exemption from the court of local authorities with submission to the court of the prince, while persons living in the territory of the grammer submit to his court in whole or in part);

3) white papers (according to them, tribute and duty, duties on travel and transportation in favor of local authorities were canceled for the clerk);

4) tarkhan (granted the complete release of the grammer);

5) contributions (that is, written acts, according to which the princes transferred their movable and immovable property to church institutions, such a transfer could be both during the life of the prince, and by will);

6) protective letters (they did not establish any norms, but confirmed their existence; these letters belonged to the orders of the prince).

Letters of grant were granted only to secular people and were two kinds:

1) vouchers for feeding (they gave the clerks the right to manage, court and feed, that is, the right to use the governor's income in a given volost according to the "mandatory" or "income" list);

2) grants for estates (according to them, the prince transferred the estate to service people for the time of service, i.e., "the right to use the income from the peasants of the palace estates, calculated in cadastral books, with the exception of military service and land tax, referred to in Novgorod charters as" land service "and tribute).

Letters of grant could have applications in the form of separate letters. Such letters were given by state clerks. They concretized the provisions of the charter: they established a list of the land and personnel of the grant, the rights of the landowner to peasant arable land and his obligations to pay tribute and serve as a field service.

Authors: Dudkina L.V., Shcherbakova O.V.

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