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Modern Customs and Ancient Laws of Russia
by Maxime Kovalevsky
Lecture 6
The Origin； Growth； and Abolition of Personal Servitude in Russia
An account of the origin； growth； and abolition of serfdom in
Russia might easily be made to fill volumes； so vast and so
various are the materials on which the study of it is based。 But
for the purpose now in view； that of bringing before your notice
the general conclusion to which Russian historians and legists
have come as to the social development of their country； perhaps
a single lecture will suffice。 In it I cannot pretend to do more
than present to you those aspects of the subject on which the
minds of Russian scholars have been specially fixed of late
years。
Among the first to be considered is the origin of that system
of personal servitude and bondage to the land in which the
Russian peasant lived for centuries。 An opinion long prevailed
that this system was due solely to the action of the State；
which； at the end of the sixteenth century； abolished the freedom
of migration previously enjoyed by the Russian peasant and bound
him for ever to the soil。 This opinion； which would have made
Russian serfdom an institution quite apart from that of the
serfdom of the Western States of Europe； has been happily
abandoned； and consequently its development becomes the more
interesting； in so far as it discloses the action of those
economic and social forces which produced the personal and real
servitude of the so…called villein all over Europe。
Whilst stating the most important facts in the history of
Russian serfdom； I shall constantly keep in view their analogy
with those presented by the history of English or French
villenage。 By so doing I hope to render the natural evolution of
Russian serfdom the more easily understood。
The first point to which I desire to call your attention is
the social freedom enjoyed by the Russian peasant in the earlier
portion of medieval history。 The peasant； then known by the name
of smerd from the verb smerdet； to have a bad smell was as
free to dispose of his person and property； as was the
Anglo…Saxon ceorl； or the old German markgenosse。 He had the
right to appear as a witness in Courts of Justice； both in civil
and in criminal actions； he enjoyed the right of inheriting a
right； however； which was somewhat limited by the prevalence of
family communism and no one could prevent him from engaging
his services to any landlord for as many years as he liked； and
on terms settled by contract。 Lack of means to buy a plough and
the cattle which he needed for tilling the ground very often led
the free peasant to get them from his landlord on condition that
every year he ploughed and harrowed the fields of his creditor。
It is in this way that an economic dependence was first
established between two persons equally free； equally in
possession of the soil； but disposing the one of a larger； the
other of a smaller capital。 The name under which the voluntary
serf is known to the Pravda； the first legal code of Russia； is
that of roleini zakoup； this term signifies a person who has
borrowed money on condition of performing the work of ploughing
（ralo means the plough） so long as his debt remains unpaid。
The frequent want of the simplest agricultural implements；
which Magna Charta designates as con tenementum； was also
probably the chief cause； which induced more than one Russian
peasant to prefer the condition of a sort of French metayer or
petty farmer； whose rent； paid in kind； amounts to a fixed
proportion of the yearly produce； to that of a free shareholder
in the open fields and village common。 The almost universal
existence of metayage； or farming on the system of half…profits；
is now generally recognised。 Thorold Rogers has proved its
existence in medieval England； and in France and Italy this
system is still found。 In saying this； I have particularly in
view the French champart and the mezzeria of Tuscany。
The prevalence in ancient Russia of the same rude and
elementary mode of farming is established by numerous charters
and contracts； some of which are as late as the end of the
seventeenth century； whilst others go back to the beginning of
the sixteenth。 It would appear that previous to that date such
contracts were not put into writing； apparently on account of the
small diffusion of knowledge。 We are therefore reduced to the
necessity of presuming the existence of these contracts solely
because the intrinsic causes which brought them into existence in
the sixteenth century had been in operation for hundreds of years
before。 The peasant； on entering into such a contract； took upon
himself the obligation of paying back in the course of time the
money which had been lent to him the 〃serebro；〃 silver；
according to the expression used in contemporary documents。 From
the name of the capital intrusted to them （the serebro） arose the
surname of serebrenik； which may be translated silver…men； under
which peasants settled on a manor were generally known； their
other being polovnik； or men paying half of their yearly produce
to the lord； although as a rule their payments did not amount to
more than a quarter。 So long as his debt remained unpaid the
metayer was obliged to remunerate the landlord by villein service
performed on the demesne lands of the manor。 According to the
German writer Herberstein； who visited Russia in the seventeenth
century； the agricultural labour which the serebrenik performed
for the lord very often amounted each week to a sixdays' service；
at any rate in summer。 Contracts still preserved also speak of
other obligations of the serebrenik； very like those of the
medieval English socman。 Such； for instance； were the obligations
of cutting wood and of forwarding it on their own carts to the
manor…house； and of paying certain dues on the occasion of the
marriage of the peasant's daughter。 I need not insist on the
similarity which this last custom presents to the medieval
English and French maritagium； or formariage； so evident is the
likeness between them。 Custom also required the peasant to make
certain presents to his lord at Christmas and Easter； or at some
other yearly festival； such for instance as that of the
Assumption of the Blessed Virgin。
The peasant who chose to settle on the land of a manorial
lord got the grant of a homestead in addition to that of land；
and this was the origin of a sort of house…rent called the
projivnoe； which as a rule amounted yearly to the fourth part of
the value of the homestead。
As to the land ceded by the landlord to the settler who
wished to live on his manor； its use became the origin of another
special payment； the obrok； which represented a definite amount
of agricultural produce。 The obrok was often replied by the
obligation of doing certain fixed agricultural labour on the
demesne land of the manor。
As soon as the peasant had repaid the money borrowed from the
manorial lord； and had discharged all the payments required from
him for the use of his land and homestead； he was authorised by
custom to remove wherever he liked； of course giving up to the
squire his house and his share in the open fields of the manor。
At first this right of removal could be exercised at any period
of the year； but this being found prejudicial to the agricultural
interests of the country certain fixed periods were soon
established； at which alone such a removal was allowed。 Usually
the end of harvest was fixed as the time when new arrangements
could be entered into with regard to future agricultural labour
without causing any loss to the interests of the landlord。 Not
only in autumn； however； but also in spring； soon after Easter；
manorial lords were in the habit of permitting the establishment
of new settlers on their estates； and the withdrawal of those
peasants who expressed a desire to leave。
The first Soudebnik； the legal code published by Ivan III in
1497； speaks of the festival of Saint George； which according to
the Russian calendar falls on the 26th of November； as a period
at which all removals ought to take place。 Those peasants who had
not been fortunate enough to free themselves from all obligations
to the manor by this period were obliged to remain another year
on its lands。 He who； was unable to repay the lord the sum
borrowed was reduced to the same condition as that of the
insolvent farmers of the Roman ager publicus； who； according to
Fustel de Coulanges； saw their arrears of debt changed into a
perpetual rent called the canon； and their liberty of migration
superseded by a state of continual bondage to the land they
cultivated。 No Russian historian has shown the analogy existing
between the origin of the Roman colonatus and that of Russian
serfdom so clearly as Mr Kluchevsky； the eminent professor of
Russian history in the University of Moscow。 It is to him that we
are indebted for the discovery of the fact that centuries before
the legal and general abolition of the right of free migration a
considerable number of peasants had thus ceased to enjoy that
liberty。 Such was the case of those so…called 〃silver…men from
the