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lecture iv-第5章

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amendments introduced into this legal code during the first part
of the twelfth century have also no other source but the express
desire of the dukes and the decisions of their Doumas or
Councils。
    The exercise of legislative power by the veches of Novgorod
and of Pscov; at least during the fourteenth and fifteenth
centuries; is illustrated by two judicial charters; those of 1397
and of 1471; which; as is evident from their contents; were drawn
up by the popular assembly。 The charter of Pscov plainly states
in one of its later versions (that of 1467 whenever the posadnik;
the supreme judge by the people; has to decide a case to which no
existing law applies; he must consult the assembly of the people。
The same veche had the right to annul every article of the
judicial charter which no longer met with its approval。 Mention
of this right is made in the charter itself。
    As to judicial powers; they remained unknown to。 the Western
and Southern the veche; at least in principalities of Russia;
which knew no other judges than the duke and the officers whom he
appointed。 I do not allude to those arbitrators to whom private
persons frequently had recourse to settle their differences。
    But in Novgorod; the fact of the election of the chief judge;
the posadnik; by a popular vote; shows that the people were not
indifferent to the exercise of judicial power。 Appointed as he
was by the folkmote; the posadnik could be judged by no other
tribunal than the folkmote itself。 Cases of high treason were
also referred to the popular assembly just as they were in Poland
and Bohemia。
    What has been stated establishes beyond a doubt the great
extent of the rights and privileges belonging to the folkmote in
the Northern principalities of Russia。 The same cannot be said of
some Western principalities; such as those of Volhynia and
Galicia。 The example of Poland; where the aristocracy was very
powerful; induced the boyars of those two countries to make more
than one attempt to concentrate in their own hands the chief
rights of sovereignty。 The large estates which they possessed and
the considerable revenues; which the rich black soil of the
country yearly secured to them; greatly favoured their
oligarchical aspirations。 In 1210; they seem to have attained
their ends。 The dynasty of Rurik had ceased to rule over the
country; and a boyar; a member of the local aristocracy; had been
raised to the throne。 But his rule did not last long。 His
contemporaries; the other rulers; looked upon his elevation as
illegal; and the King of Poland was the first to declare that a
boyar had no right to occupy a throne。 To oppose the oligarchy of
the boyars Duke Daniel; in 1230; convened the popular assembly;
the veche and with the help afforded him by people; fought the
army of the boyars and reduced them to obedience。 This is;
however; the only case in which the veche seems to have played
any part in the political history of the country。 The power of
the nobles prevented any further development in that direction;
and when the principality passed into the hands of the King of
Poland; it was already under the yoke of the aristocracy。
    Nevertheless; even under Polish rule; the memory of the old
folkmotes was preserved by the country。 Documents of the
fifteenth and sixteenth centuries sometimes mention the existence
of the veche as of a local assembly with very considerable
executive and judicial rights。
    Of all the principalities of Russia those of the North…East
seem from the most remote times to have been unfavourable to the
growth of popular assemblies。 In those of Sousdal and of Riasan;
the dukes early freed themselves from the necessity of election
by the people by establishing primogeniture as the law of
succession to the crown。 The way in which the eldest son was
admitted to succeed to the throne was by associating him; during
his father's lifetime; in the exercise of sovereign powers。
Vsevolod III was the first prince who benefited by such a course。
He secured the throne to his descendants and thus annulled one of
the most important rights of the folkmote; that of choosing the
ruler of the land。 It is not to be wondered at; therefore; that
from the middle of the thirteenth century no mention is made of
the popular assemblies of Sousdal。
    Up to this point we have tried to show that during the Middle
Ages Russia was a loose federation of principalities; in which
the people were wont to exercise; on a larger or smaller scale;
legislative; executive; judicial; and even political power。 By
political power I mean the right of electing and dismissing the
ruler; of declaring war and making peace。 The people exercised
their right side by side with the prince; the 〃knias;〃 who
gradually increased his own power to the prejudice of the power
of the folkmote or veche。 At the end of the fifteenth century
Novgorod and Pscov alone maintained the primitive relations
between the prince and the popular assembly; for they still kept
the power of electing and dismissing the chief magistrate of the
state; as well as the highest officials; the posadnik; and the
〃head of thousands。〃 In the south…western part of Russia the
popular assembly became; during the fifteenth and sixteenth
centuries; a local administrative; financial; and judicial body;
but it lost all political power。 In the northern principalities;
and especially in Vladimir and Moscow; the folkmotes totally
ceased to exist。 The growth first of Vladimir and then of Moscow
was followed by the complete annihilation of the political rights
of the people; and this seems to have been recognised by the
writers of the day。 Describing the proceedings by which the
republic of Novgorod was subjected by the Tzar; Ivan the Third;
the chronicle; known under the name of the Patriarch Nikon; says:
〃In the year 1478 the Tzar declared to the republic 〃that he
wanted Novgorod to be in the exercise of the same power as that
which he possessed at Moscow。〃 The inhabitants agreed to comply
with his wishes on certain terms; whereby his autocracy would be
limited。 The Tzar immediately sent the following reply: 〃I told
you that I wanted in Novgorod a state similar to that of Moscow;
and instead of that I hear you teaching me how I ought to
organise my state in a way different from what it is at present。〃
On hearing this; the citizens sent another embassy to ask what
the Tzar meant by saying that he wanted in Novgorod a government
like that of Moscow。 He answered: 〃No popular assembly; veche; no
elected magistrate; and the whole state in the power of the
Tzar。〃(2*) This answer left no doubt as to his autocratic
intentions and their accomplishment in the Moscovite state。
    Let us now inquire into the causes which produced this
increase of monarchical power。 The first seems to have been the
great change which had been brought about in the relations
between the prince and the popular assembly by the subjection of
the prince to the power of the Khans。 It is well known that the
Tartars; after having established the centre of their European
empire on the shores of the Volga; not far from where it joins
the Caspian Sea; in the neighbourhood of the modern city of
Astrachan; reduced the different principalities of Russia to the
condition of vassal states。 Leaving the government in the hands
of the dynasty of Rurik they forced the Russian princes to
receive investiture at the hands of their khans。 In such a state
of things the prince had no longer any need to trouble himself
about his acceptation by the popular assembly of the principality
that he intended to govern In order to secure the throne to
himself and his heirs; all that he had to do was to undertake a
journey to the southern parts of the Volga and make his
appearance at the court of his suzerain  the Khan。 Here he had
to lay out large sums of money in presents and bribes; until at
last the Khan was induced to grant a charter; 〃jarlik;〃
acknowledging the right of the claimant to occupy the throne of
his ancestors。 From the beginning of the fourteenth century the
Moscovite princes had no longer。 to undertake the journey in
person; as the khans had consented to forward the charter of
confirmation direct to Moscow on condition that they first
received large sums of money from the prince who claimed the
throne。 The succession was settled at each vacancy by an
agreement between the suzerain and the vassal; and the popular
assembly had no opportunity of interfering。
    Foreign events; especially the rise of the Florentine Union
and the capture of Constantinople by the Turks; also largely
contributed to the increase of the Moscovite autocracy。
    During the period which began with the acceptance of the
tenets of the Greek Church by the Russian duke; Vladimir; at the
end of the eleventh century; and which ended with the decision of
the Byzantine Emperor to subscribe the act of union with the
Roman Church; the Russian State as well as the Russian Church
remained to a certain extent dependent on the Greek Patriarch and
Emperor at Constantinople。 In ecclesiastical matters this
dependence was manifested in the direct nomination of the Russian
Metropolitan by th
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