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История государства и права России. Причины и этапы закрепощения крестьян (самое важное)

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31. Causes and stages of enslavement of peasants

The period of estate-representative monarchy, which in turn is a period of developed feudalism, is characterized by one of the most important events in this area - complete enslavement of the peasants.

The first legal act in the direction of enslaving the peasants was Sudebnik 1497, who were allowed to transfer peasants from one landlord to another only during the week before and the week after the autumn St. George's Day, subject to payment of the elderly. This fee has been increased Sudebnik 1550 Since 1581 "reserved years" are introduced, during which even the established passage of peasants is prohibited. The scribe books that were compiled in 50-90s XVI century., became a documentary basis in the process of attaching peasants. From the end of the 5th century. decrees began to be issued on “time limits”, which set the time frame for the search and return of fugitive peasants (from 15 to XNUMX years). And finally, the final act of the process of attaching peasants to the land was Cathedral Code of 1649, which canceled the "lesson years" and established the perpetuity of the investigation.

According to the Council Code of 1649, the peasants were finally attached to the land. But then serfdom began to resemble serfdom, since the peasants began to attach themselves not to the land, but to the personality of the landowner, who received the right to alienate his serfs by selling, mortgaging, donating, etc.

By the end of the 17th century. landowners began to openly sell their peasants, although this was prohibited by the Council Code of 1649.

The enslavement of peasants was carried out in two ways.:

1) foreign economic;

2) economic (enslaved).

In the XV century. existed two main categories of peasants: old-timers and newcomers.

Old-timer peasants - the main population of feudal estates or state lands, opposed "newcomers", peasants, again called by the feudal lords to their estates from other principalities.

old-timers - these are peasants who have long lived on the land of their feudal lord and perform certain feudal duties in his favor. Old-timers are called people "from time immemorial" and "vulgar", that is, old. Together with the liquidation of specific principalities, the possibility of "recalling" peasants from principality to principality disappears.

In addition, in the form of dependence peasant could be

1) ladle - communal peasants who transferred their plots of land to the feudal lords. For the right to use the land of the feudal lord, ladles were obliged to give half of their crop. Polovniki had the right to leave the landowner after the expiration of the contract, paying off the debt. In Pskov, ladles were divided into isornik plowmen, gardeners and nomads, that is, fishermen. They were united by the fact that they did not live on their own land, but in the village of the "sovereign". The law established general rules governing the departure of an isornik from his master: once a year, in late autumn, and subject to the payment of all debts;

2) silversmith (work for interest).

Foreign economic dependence was manifested in the institution of serfdom. The latter has changed considerably since the time of the Russian Truth: the sources of servitude are limited, the incidence of release of slaves becomes more frequent. The law limited the entry into servitude from admission into bondage. The development of bondage serfdom led to the equalization of the status of serfs with serfs.

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

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