There was a conciliar code of Tsar Alexei Mikhailovich.  Cathedral Code. Strengthening the central government

Adopted by the Zemsky Sobor in 1649 and in force for almost 200 years, until 1832.

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Reasons for the adoption of the Council Code

As a result, by 1649, the Russian state had a huge number of legislative acts that were not only outdated, but also contradicted each other.

The adoption of the Code was also prompted by the Salt Riot that broke out in Moscow in 1648; One of the demands of the rebels was the convening of the Zemsky Sobor and the development of a new code. The revolt gradually subsided, but as one of the concessions to the rebels, the tsar convened the Zemsky Sobor, which continued its work until the adoption of the Council Code in 1649.

Legislative work

To develop the draft Code, a special commission was created headed by Prince N.I. Odoevsky. It included Prince S.V. Prozorovsky, okolnichy Prince F.A. Volkonsky and two clerks - Gavrila Leontyev and F.A. Griboedov. It was then decided to start practical work Zemsky Sobor on September 1.

He was intended to review the draft Code. The cathedral was held in a broad format, with the participation of representatives of the townspeople's communities. The hearing of the draft Code took place at the cathedral in two chambers: in one were the tsar, the Boyar Duma and the Consecrated Cathedral; in the other - elected people of various ranks.

Much attention was paid to procedural law.

Sources of the Code

  • Decree books of orders - in them, from the moment of the emergence of a particular order, current legislation on specific issues was recorded.
  • Sudebnik of 1497 and Sudebnik of 1550.
  • - was used as an example of legal technique (formulation, construction of phrases, rubrication).
  • The Helmsman's Book (Byzantine law)

Branches of law according to the Council Code

The Council Code outlines the division of norms into branches of law inherent in modern legislation.

State law

The Council Code determined the status of the head of state - the tsar, autocratic and hereditary monarch.

Criminal law

The crime system looked like this:

Punishments and their purposes

The punishment system was as follows: death penalty (in 60 cases), corporal punishment, imprisonment, exile, dishonorable punishments, confiscation of property, removal from office, fines.

  • The death penalty is hanging, beheading, quartering, burning (for religious matters and in relation to arsonists), as well as “pouring a red-hot iron down the throat” for counterfeiting.
  • Corporal punishment - divided into self-harm(cutting off a hand for theft, branding, cutting off nostrils, etc.) and painful(beating with a whip or batogs).
  • Imprisonment - terms from three days to life imprisonment. The prisons were earthen, wooden and stone. Prison inmates fed themselves at the expense of relatives or alms.
  • Exile is a punishment for “high-ranking” persons. It was the result of disgrace.
  • Dishonorable punishments were also used for “high-ranking” persons: “deprivation of honor,” that is, deprivation of ranks or reduction in rank. A mild punishment of this type was a “reprimand” in the presence of people from the circle to which the offender belonged.
  • Fines were called “sale” and were imposed for crimes that violate property relations, as well as for some crimes against human life and health (for injury), for “incurring dishonor.” They were also used for “extortion” as the main and additional punishment.
  • Confiscation of property - both movable and immovable property (sometimes the property of the criminal’s wife and his adult son). It was applied to state criminals, to “greedy people”, to officials who abused their official position.

It is important to note that paragraphs 18 and 20 of Chapter XXII provide for pardon if the murder was committed unintentionally.

  1. Intimidation.
  2. Retribution from the state.
  3. Isolation of the criminal (in case of exile or imprisonment).
  4. Isolating a criminal from the surrounding mass of people (cutting off the nose, branding, cutting off an ear, etc.).

It should be especially noted that in addition to the common criminal punishments that exist to this day, there were also measures of spiritual influence. For example, a Muslim who converted an Orthodox Christian to Islam was subject to death by burning. The neophyte should have been sent directly to the Patriarch for repentance and return to the fold of the Orthodox Church. Changing, these norms reached the 19th century and were preserved in the Code of Punishments of 1845.

Civil law

The main ways of acquiring rights to any thing, including land, ( real rights), were considered:

  • The grant of land is a complex set of legal actions, which included the issuance of a grant, entry in the order book of information about the grantee, establishment of the fact that the land being transferred is unoccupied, and taking possession in the presence of third parties.
  • Acquiring rights to a thing by concluding a purchase and sale agreement (both oral and written).
  • Acquisitive prescription. A person must in good faith (that is, without violating anyone’s rights) own any property for a certain period of time. After a certain period of time, this property (for example, a house) becomes the property of a bona fide owner. The Code set this period at 40 years.
  • Finding a thing (provided its owner is not found).

Law of obligations in the 17th century, it continued to develop along the line of gradual replacement of personal liability (transition to serfs for debts, etc.) under contracts with property liability.

The oral form of the contract is increasingly being replaced by a written one. For certain transactions, state registration is mandatory - the “serf” form (purchase and sale and other real estate transactions).

Legislators paid special attention to the problem patrimonial land ownership. The following were legislatively established: a complicated procedure for alienation and the hereditary nature of patrimonial property.

During this period, there were 3 types of feudal land ownership: the property of the sovereign, patrimonial land ownership and estate.

  • Votchina is conditional land ownership, but they could be inherited. Since feudal legislation was on the side of the land owners (feudal lords), and the state was also interested in ensuring that the number of patrimonial estates did not decrease, the right to buy back sold patrimonial estates was provided for.
  • Estates were given for service; the size of the estate was determined by the official position of the person. The feudal lord could only use the estate during his service; it could not be passed on by inheritance.

The difference in the legal status between votchinas and estates was gradually erased. Although the estate was not inherited, it could be received by a son if he served. The Council Code established that if a landowner left the service due to old age or illness, his wife and young children could receive part of the estate for subsistence. The Council Code of 1649 allowed the exchange of estates for estates. Such transactions were considered valid under the following conditions: the parties, concluding an exchange record between themselves, were obliged to submit this record to the Local Order with a petition addressed to the Tsar.

Family relationships

The Code did not directly concern the area of ​​family law (which was under the jurisdiction of the church court), however, even in criminal cases, the principles of Domostroy continued to apply - enormous parental authority over children, the actual community of property, the division of responsibilities of spouses, the need for a wife to follow her husband.

In relation to children, parents retained power until their death. Thus, for the murder of a father or mother, a son or daughter was supposed to be “executed by death without any mercy,” while at the same time the mother or father who killed the child was sentenced to a year in prison followed by repentance in church. Children, under the threat of punishment, were forbidden to complain about their parents, if, nevertheless, “whose son or daughter taught to beat the head about the court against the father or mother and they should not give trial against the father or mother for anything, and beat them with a whip for such a petition

The Code established a special type of execution for female murderers - burying alive up to the neck in the ground.

With regard to state crimes, the code establishes that if “the wives and children of such traitors knew about their treason, they will be executed by death according to the same.”

It is worth noting that church law (developed back in Stoglav and supplemented by decisions of the Great Moscow Council) allowed one person to enter into no more than three marriages during his life, and the marriageable age for men was 15 years, for women - 12 years. Divorce was allowed, but only on the basis of the following circumstances: the spouse leaving for a monastery, the spouse being accused of anti-state activities, the wife’s inability to bear children.

Legal proceedings

The Code describes in detail the procedure “ court decisions"(both civil and criminal).

  1. “Initiation” - filing a petition.
  2. Summoning the defendant to court.
  3. Arbitration is oral with the obligatory maintenance of a “court list”, that is, a protocol.

The evidence was varied: testimony (at least 10 witnesses), documents, kissing the cross (oath).

Procedural events aimed at obtaining evidence:

  1. “Search” - consisted of questioning the population about the commission of a crime or about a specific (sought) person.
  2. “Pravezh” - was carried out, as a rule, in relation to an insolvent debtor. The defendant was subjected to corporal punishment by caning. For example, for a debt of 100 rubles, they flogged for a month. If the debtor paid the debt or had guarantors, the right ceased.
  3. “Search” - complex activities related to clarifying all the circumstances of the “sovereign’s” case or other particularly serious crimes. During the “search” it was often used torture. The use of torture was regulated in the Code. It could be used no more than three times with a certain break.

Development of the Code

If changes were necessary in the field of legal relations, the following were added to the Council Code: new decree articles:

  • In 1669, additional articles were adopted on “tate cases” (about thefts, robberies, robberies, etc.) due to an increase in the crime rate.
  • In -1677 - about estates and estates in connection with disputes about the status of estates and estates.

In addition to the Code, several statutes And orders.

  • 1649 - Order on city deanery (on measures to combat crime).
  • 1667 - New Trade Charter (on the protection of domestic producers and sellers from foreign competition).
  • 1683 - Scribe order (on the rules for land surveying estates and estates, forests and wastelands).

An important role was played by the “verdict” of the Zemsky Sobor of 1682 on the abolition of localism (that is, the system of distribution of official places taking into account the origin, official position of a person’s ancestors and, to a lesser extent, his personal merits.)

Meaning

  1. The Council Code generalized and summarized the main trends in the development of Russian law in the 17th century.
  2. It consolidated new features and institutions characteristic of new era, the era of advancing Russian absolutism.
  3. The Code was the first to systematize domestic legislation; An attempt was made to differentiate the rules of law by industry.

The Council Code became the first printed monument of Russian law. Before him, the publication of laws was limited to their announcement in marketplaces and in churches, which was usually specifically indicated in the documents themselves. The appearance of a printed law largely eliminated the possibility of abuses by governors and officials in charge of legal proceedings. The Council Code has no precedents in the history of Russian legislation. In terms of volume it can only be compared with Stoglav, but in terms of the wealth of legal material it surpasses it many times over.

When compared with Western Europe it is clear that the Council Code is not the first collection of acts of this kind. One of the first was Casimir's Law Code of 1468, compiled by the Grand Duke of Lithuania Casimir IV and developed later, in 1529, then the code in Denmark (Danske Lov) in 1683; it was followed by the code of Sardinia (1723), Bavaria (1756), Prussia (1794), Austria (1812). Europe's most famous and influential civil code, the French Napoleonic Code, was adopted in 1803–1804.

It is worth noting that the adoption of European codes was probably hampered by the abundance of the legal framework, which made it very difficult to systematize the available material into a single coherent, readable document. For example, the Prussian Code of 1794 contained 19,187 articles, making it overly long and unreadable. For comparison, the Napoleonic Code took 4 years to develop, contained 2,281 articles, and required personal Active participation the emperor to push for his acceptance. The cathedral code was developed within six months, numbered 968 articles, and was adopted with the aim of preventing the development of a series of urban riots in 1648 (started by the Salt Riot in Moscow) into a full-scale uprising like the uprising of Bolotnikov in 1606-1607 or Stepan Razin in 1670-1670. 1671.

The Council Code of 1649 was in effect until 1832, when, as part of the work on codification of the laws of the Russian Empire, carried out under the leadership of M. M. Speransky, the Code of Laws of the Russian Empire was developed. Previous numerous attempts to codify the legislation that appeared after the publication of the Code were not successful (see.

On January 29 (February 8), 1649, the Zemsky Sobor adopted a new set of laws of the Russian state - the Council Code of Tsar Alexei Mikhailovich.

The appearance of this document at the very beginning of the reign of the second tsar of the Romanov family was associated with a serious socio-political and socio-economic crisis, as a result of which a wave of popular uprisings swept across the country. Existed in Russia legal system did not suit not only the peasants, townspeople and ordinary archers, but also the nobility, who sought to expand and legislate their rights and privileges.

In June 1648, Moscow nobles and the upper ranks of the posad turned to the tsar with a request to convene a Zemsky Sobor to discuss the accumulated problems. Based on the joint decision of the tsar, the highest clergy and the Boyar Duma, a commission of 5 people was organized under the leadership of Prince N.I. Odoevsky, which included boyar S.V. Prozorovsky, okolnichy prince F. F. Volkonsky and clerks G. Leontiev and F. A. Griboyedov.

The commission had to harmonize with each other all existing regulations and, supplementing them with new regulations, combine them into one code. The Code was based on decree books of orders, Moscow codes of law, boyar sentences, collective petitions, extracts from the Lithuanian statute of 1588, the Kormchaya Book, which contained the codes and laws of the Greek kings, decrees of ecumenical and local church councils.

The text of the Code was submitted for discussion and approval to the Zemsky Sobor, specially convened for this purpose, which began work on 1(11) September 1648 The Tsar, the Boyar Duma and the Consecrated Cathedral met separately from the elected representatives of the estates, led by Prince Yu. A. Dolgoruky. During the discussion, the draft document underwent significant revision, resulting in 82 new articles appearing in the final version.

Divided into 25 chapters, the 967 articles of the new code of laws, in contrast to similar documents of the previous period, contained norms not only of procedural law, but also of state, civil, administrative and criminal law. The Code for the first time determined the status of the head of state, the order civil service, types of state and criminal crimes. The greatest attention was paid to issues of legal proceedings.

The Code finally established serfdom in the country, abolishing the “fixed summer” and declaring the search for fugitive peasants indefinite. The eternal hereditary dependence of the peasant was established, and his property was recognized as the property of the landowner.

The entire posad population was attached to the posads and transferred to the category of tax-paying estates, but received as a privilege the exclusive right to engage in commercial and industrial activities.

The Code seriously limited the rights of the clergy, who, with the exception of the patriarch and his employees, were henceforth subject to trial on a general basis and could not acquire estates. To manage the former estates of monasteries and clergy, a Monastic Order was established.

In the interests of the serving nobility, the document equalized estates and estates, allowing landowners to own and dispose of land allocated for service.

The adoption of the Code was one of the main achievements of the reign of Alexei Mikhailovich. It remained the fundamental law of the Russian state until 1830.

Lit.: Maslov K. A. Cathedral Code: materials for a seminar on the history of state and law of Russia [Electronic resource] // Website of students and graduates of the Faculty of Law of St. Petersburg State University. 2001-2011. URL: http://www .law -students .net /modules .php ?name =Content &pa =showpage &pid =333 ; Cathedral Code of 1649. L., 1987;

The Council Code of 1649 is a set of laws of Moscow Rus' regulating a wide variety of spheres of life.

Reasons for the creation of the Council Code

The last code of law adopted before the creation of the Council Code was dated 1550 (Code of Law of Ivan the Terrible). Almost a century has passed since then, the feudal system of the state has changed somewhat, numerous new decrees and codes have been created, which often not only made previous decrees obsolete, but also contradicted them.

The situation was also complicated by the fact that numerous regulatory documents were widely scattered among departments, which is why there was complete chaos in the state’s legislative system. Situations were common when only those who accepted it knew about the new act, and the rest of the country lived according to outdated standards.

In order to finally streamline lawmaking and the judicial system, it was necessary to create a completely new document, which would meet the requirements of the time. In 1648, the Salt Riot broke out; the rebels, among other things, demanded the creation of a new normative document. The situation became critical and it was no longer possible to delay.

In 1648, the Zemsky Sobor was convened, which until 1649 was engaged in the creation of the Cathedral Code.

Creation of the Cathedral Code

The creation of a new document was carried out by a special commission headed by N.I. Odoevsky. The creation of a new code of law took place in several stages:

  • Working with multiple sources of laws and regulations;
  • Meeting on the content of legislative acts;
  • Editing by the Tsar and the Duma of the submitted drafts of new bills;
  • Joint discussion of certain provisions of the code;
  • Signing of the new version of the bills by all members of the commission.

Such a careful approach to the creation of the document was caused by the fact that the commission members wanted to create a carefully systematized and as complete and accessible legal code as possible, correcting all the shortcomings in previous documents.

Sources of the Council Code

The main sources were:

  • Code of laws of 1550;
  • Decree books, where all issued bills and acts were recorded;
  • Petitions to the Tsar;
  • Byzantine law;
  • The Lithuanian statute of 1588 was used as a model for the law.

It was in the Council Code of 1649 that there was a tendency towards dividing the rules of law into branches, corresponding to modern legislation.

Branches of law in the Council Code

The new code determined the status of the state and the tsar himself, and contained a set of norms regulating the activities of all bodies government controlled, established the procedure for entering and leaving the country.

A new system of classification of crimes has appeared in criminal law. The following types appeared:

  • crime against the church;
  • crime against the state;
  • crime against the order of government (unauthorized departure from the country);
  • crimes against decency (keeping brothels);
  • malfeasance:
  • crimes against the person;
  • property crimes;
  • crimes against morality.

New types of punishment also appeared. Now the criminal could count on the death penalty, exile, imprisonment, confiscation of property, fine or dishonorable punishment.

Civil law also expanded significantly due to the growth of commodity-money relations. The concept of an individual and a collective appeared, the legal capacity of women in matters of making transactions increased, the oral form of the contract was now replaced by a written one, laying the foundation for modern purchase and sale transactions.

Family law did not change much - the principles of “Domostroy” were still in effect - the supremacy of the husband over his wife and children.

Also in the Council Code the procedure for legal proceedings, criminal and civil, was described - new types of evidence appeared (documents, kissing the cross, etc.), new procedural and investigative measures were identified aimed at proving guilt or innocence.

An important difference from previous codes of law was that, if necessary, the Council Code of 1649 was supplemented and rewritten when new acts appeared.

Enslavement of the peasants

However, the most prominent place in the Council Code is occupied by issues regarding serfdom. The Code not only did not give the peasants freedom, it completely enslaved them. Now the peasants (including their families and property) actually became the property of the feudal lord. They were inherited like furniture and had no rights of their own. The rules regarding escaping from oppression also changed - now the peasants had practically no opportunity to become free (now a runaway peasant could not become free after a few years, now the investigation was carried out indefinitely).

The meaning of the Cathedral Code

The Cathedral Code of 1649 is a monument of Russian law. It outlined new trends in the development of Russian law and consolidated new social features and institutions. In addition, the Code has made significant progress in terms of systematization and drafting of legal documents, since a distinction has been made by industry.

The Code was in force until 1832.

Reader on the history of the USSR. Volume 1. author unknown

156. CATHEDRAL CODE OF TSAR ALEXEY MIKHAILOVICH 1649

“The Council Code of Alexei Mikhailovich.” In the summer from the creation of the world 7156. Tenth stamping in St. Petersburg, 1820.

Introduction

In the summer of 7156, on the 16th day of July, the sovereign king and Grand Duke Alexey Mikhailovich, autocrat of all Rus', in the twentieth year of his age, in the third year of his power, protected by God, consulted with his father and pilgrim, His Holiness Joseph, Patriarch of Moscow and All Russia and with metropolitans, and with archbishops, and with bishops, and with by the entire consecrated cathedral and spoke with his sovereign boyars, and with the okolnichi, and with the Duma people: which articles were written in the rules of the holy apostles and holy fathers, and in the city laws of the Greek kings, and those articles are appropriate for state and zemstvo affairs; and those articles should be written out, and so that the former great sovereigns, tsars and great princes of Russia, and his father the sovereign, of blessed memory of the great sovereign, tsar and Grand Duke Mikhail Fedorovich of All Russia, decrees and boyar sentences on all kinds of state and zemstvo affairs, collect, and verify those sovereign decrees and boyar sentences with the old code of justice. And for which articles in previous years, the former sovereigns did not have a decree in the code of law, and there were no boyar sentences for those articles; and those articles should be written and presented according to the same, according to his sovereign decree by the general council, so that the Moscow state of all ranks of people, from the highest to the lowest rank, would have equal judgment and justice in all matters. And the sovereign indicated... then collect everything and write a report to the boyars, Prince Nikita Ivanovich Odoevsky, and Prince Semyon Vasilyevich Prozorovsky, and the devious Prince Fyodor Fedorovich Volkonsky, and the clerks Gavril Levontev, and Fyodor Griboedov.

And for this, the sovereign indicated his sovereign and zemstvo great royal affairs, on the advice of ... with the Patriarch of Moscow and All Russia, and the boyars were sentenced to choose from the stewards, and from the solicitors, and from the Moscow nobles and from the tenants, from the rank of two people; also take all the cities from the nobles and from the children of the boyars from - big cities around Novgorod, two people each; and from Novgorod from Pyatina, per person; and from the smaller cities, per person; and of the guests, three people; and from living rooms and cloth hundreds, two people each; and from the black hundreds and from the settlements, and from the cities from the suburbs, one person at a time, kind and intelligent people, so that his sovereign royal and zemstvo work with those with all the elected people will be established, and you will set them according to the measure so that all great deeds, according to the current decree of his state and the conciliar code, henceforth they were indestructible.

ABOUT TRAVEL CERTIFICATES TO OTHER STATES. AND IT HAS 6 ARTICLES

1. If someone happens to travel from the Moscow state for trade, or for some other business of his own, to another state, which state is at peace with the Moscow state: and in Moscow, beat the sovereign with his forehead, and in the cities to the governors about a travel document, and without a travel document He won't get a diploma. And in the cities, the governors give them travel certificates without any detention.

3. If someone goes to a certain state without a travel certificate, and having been in another state, he comes to the Moscow state, and someone else publishes the news that he traveled without a travel certificate without permission for treason, or for something else that is bad: and for that I'll tell you about someone who traveled to another state without the sovereign's travel documents, and I'll have to do all sorts of detective work. Let it be said about him during the investigation that he actually traveled to another state without a travel certificate for treason, or for some other dashing matter: and upon investigation, he will be executed for treason by death.

4. If during the investigation it turns out that he traveled to another state without travel documents for commercial purposes, and not for treason, and he will be punished for this by beating him with a whip, so that no matter what, others will be discouraged from doing so.

6. If the landowners and patrimonial owners of the border towns conceive evil or treason in their people and peasants: they should notify the sovereign about this, and in the towns submit famous petitions to the governors about this, and carry out their people and peasants. And the governors of those people who will be reported on, question and find out about them, against the report, with all sorts of investigations firmly and write about it to the sovereign, and those people against whom the report will be sent to prison before the sovereign’s decree.

ABOUT THE SERVICE OF ALL MILITARY PEOPLE OF THE MOSCOW STATE. AND IT HAS 32 ARTICLES.

2. And in which place at that time I was a military man in the sovereign’s service, and at which time they arrived for the sovereign’s service, and about this send letters to the cities to the governors and to the sovereign’s clerks, and order the military men to serve the sovereign send service to designated places without any delay. And as military men going to the sovereign's service, on the road and in the camps, do not cause any violence or damage to any people, do not take your own or horse feed from anyone without money.

3. And from those exhausted military people it will be possible for someone to buy feed for themselves and their horses, and they would buy that feed from all sorts of people at direct price; and in the fields of grain and in the closed meadows the hayfields would not be poisoned, so that there would be no violence anywhere from the military men alone.

6. And if some military men, going to the sovereign's service, teach some people to commit violence, and the court will find out about this clearly: and inflict punishment on those people, depending on their guilt, and correct the losses, and give them to those people who were wronged in some way.

7. And if people teach military men to sell human and horse feed at a high price: and to those people, according to court and investigation, inflict punishment according to the same, and give back the excess taken.

10. And the boyars and governors, without the sovereign’s decree, do not dissolve the military people from the sovereign’s services, and do not make promises and commemorations.

17. If some service people teach the sovereign that because of old age, or because of injury, or because of illness, they cannot go into the sovereign’s service, and in their place the sovereign would order them to be their children and brothers and nephews in their sovereign service. grandsons of no place, who have entered the sovereign's service, but do not serve the sovereign's service, and are not assigned to any ranks: examine those petitioners, in Moscow and in the cities. Let it be, upon examination, that it is possible for those serving people in the sovereign's service to be due to old age, or injury, or illness: and order those serving people to send to their place, to the sovereign's service, with all their service and with reserves their children and brothers and nephews and grandsons without a place, who entered the sovereign's service at the age of eighteen, but do not serve in any sovereign's service, and are not assigned to any ranks; and they will not send anyone to serve in their place for less than thirty years. And they will not have such children and brothers and nephews and grandchildren, and they themselves will not be able to do any business in the sovereign’s service due to illness or old age: and from them they will take in the sovereign’s service people, or money, depending on their estates and estates and subsistence.

18. If some service people learn to beat the sovereign with their foreheads so that they will not be in the sovereign’s service, and they say they are old and crippled, or sick, but after examination they are strong enough to be in the sovereign’s service: and they themselves will be sent to the sovereign’s service.

19. If a serving man, being in the sovereign’s service, escapes to his house in battle, and the governors report him to the sovereign: and for such an escape, half of their locals will be deducted from their monetary salaries; Yes, take half of their estates from the sovereign, and inflict punishment on them for this, beat them mercilessly with a whip.

20. If someone, being in the sovereign's service in the regiments, begins to move from the regiments to the enemy regiments by treason, and in the enemy regiments they tell news about the sovereign's military men, and someone will inform him about it, and it will be found out about this: and The mover should be executed by death, hanged against the enemy regiments, and his estates and votchinas and lives taken over by the sovereign.

ABOUT CARRIAGES, AND ABOUT TRANSPORTATION, AND ABOUT BRIDGES. AND IT HAS 2 °C ARTICLES.

1. In which in the sovereign's palace villages and in the black volosts and in the patriarchal and metropolitan and in the archbishoprics and episcopal estates and in the monastic estates and boyars and okolniki and duma and close people and stewards and solicitors and Moscow nobles and clerks and tenants and nobles and children of boyar policemen and foreigners and all ranks of people, on estates and in estates, in villages and villages, and transports were carried out: and on those transports and on washings for nobles and from the children of boyars and from foreigners and from all sorts of service people and from their people and from the supplies and from the messengers who will be sent for the sovereign’s affairs, there will be no washing, transportation or bridging anywhere.

And the sovereign ordered that a strong order be made in the Moscow district and in the cities, and that his sovereign letters be sent, so that from service people, from nobles, and from the children of boyars and foreigners, and from all sorts of service people and from their people, and from supplies and from No one had any messengers anywhere for washing or transporting or bridging.

COURT OF THE PEASANTS. AND IT HAS 34 ARTICLES.

2. There will also be some votchinniki and landowners who will teach the sovereign to beat their foreheads about their runaway peasants and about the peasants, and they will say that their peasants and peasants, having run out because of them, live in the sovereign’s and palace villages, and in black volosts, or on planted in the townspeople... - for all sorts of patrimonial owners and landowners: and those peasants and peasants, upon investigation, should be handed over according to the scribe books... And the fugitive peasants and peasants from the run should be handed over according to the scribe books of all ranks to people, without a fixed age.

3. And to whomever it happens to be necessary to hand over the runaway peasants and peasants through court and investigation, and hand over those peasants with their wives and children and with all their bellies, and with standing bread and with milk...

10. And if someone, from this sovereign code, will teach runaway peasants and peasants and their children and brothers and nephews to take in and keep with them, and the patrimonial owners and landowners will find those runaway peasants of theirs after him... - and those for whom they will learn to live, for the sovereign taxes, and for the landowners' income, take ten rubles per year for each peasant, and pay it to the plaintiff, whose peasants are the peasants.

27. And whoever, at the trial, kisses the prohibition on whose peasant 2 and kisses, and after that the peasant in whom he kissed appears at his place, and taking that peasant from him, give the plaintiff his entire belly against the claim, and to him for the guilt that he kisses the cross not in truth, inflict a cruel punishment, beat him with a trader's whip for three days, so that many people know about it, for which he was ordered to inflict such a punishment, and beat him with a trader's whip for three days, put him in prison for a year, and from now on do not trust him in anything and do not put anyone on trial in any matter.

30. And behind which landowners and patrimonial owners, peasants and peasants... are written on their estates and on patrimonial lands separately, and that landowner and patrimonial owner should not reduce their peasants from their local lands to their patrimonial lands, and thus do not devastate their estates.

ABOUT DOMAINS. AND IT CONTAINS 55 ARTICLES.

42... The Sovereign Tsar and Grand Duke Alexei Mikhailovich of All Russia, having consulted with (all spiritual authorities and Duma and cathedral ranks), indicated and laid down the council: henceforth, from the current code, the patriarch, and the metropolitan, and the archbishop, and the bishop, and in monasteries, no Don’t buy anyone’s ancestral, well-served, and purchased estates, and don’t take them as a mortgage, and don’t keep them for yourself, and don’t deal with anyone in an eternal wake; and in the local order for the patriarch, and for the metropolitans, and for the monasteries, such estates should not be recorded; and the patrimonial people should not give patrimonies to anyone in the monasteries.

And whoever writes a votchina to a monastery for spiritual reasons, those votchinas should not be given to monasteries for spiritual reasons; and give money to the monastery parents for what that patrimony is worth, or that the deceased will write the price of the patrimony in the spiritual...

ABOUT THE CITY PEOPLE. AND IT HAS 4 ARTICLES.

1. Which settlements in Moscow are patriarchs, and metropolitans, and rulers, and monasteries, and boyars and okolnichi and duma and neighbors, and all kinds of people, and in those settlements live merchants and craftsmen, and engage in all sorts of trades and own shops, but they don’t pay the sovereign’s taxes, and they don’t serve in the services, and all those settlements with all the people who live in those settlements, take everyone as a tax for the sovereign, and into the services without children and without turning back...

15. And who were boyars and other ranks of people and peasants in Moscow, and in the cities, bought for themselves and took in mortgages tax yards, and shops, and barns, and stone cellars, and salt pans, and trade in all sorts of goods: both for the boyars and others ranks of people and peasants, sell those tax-laden courtyards, and shops and cellars, and barns, and barns, and barns to tax-paying merchants and townspeople, and they will no longer own those courtyards, and shops, and cellars, and barns, and barns, and henceforth, no one’s people and the peasants exclude the sovereign's trading townspeople from tax yards, and shops, and cellars, and barns, and barns 3 and do not buy from anyone. And in the future, whose people and peasants will buy tax yards, or shops, and cellars, and barns, and barns: and they will take those courtyards and shops, and cellars, and barns, and barns to the sovereign without money; but for that they will be in great disgrace from the sovereign, and in trade execution.

4. And those people of all ranks in Moscow receive the sovereign's cash and grain salary, and run shops, and hire people, and engage in all sorts of trades, like the Streltsy: and those people will continue to be in their ranks, and serve the sovereign's services for the sovereign's salary . And from trading in all sorts of trades, they will be subject to taxation in hundreds and in settlements, and in a row with black people, they will have to give taxes, but they will not serve any duty; and whoever does not want to be subject to taxation should sell their shops to the sovereign’s taxation people.

11. And who in the cities are archers and Cossacks and dragoons in all sorts of trade trades, and sit in shops: and those archers and Cossacks, and dragoons, pay customs duties from their trade trades, and rent from the shops, and taxes to them with the townspeople do not pay, and do not perform taxable services.

12. And those in the cities of other ranks are service people, gunners and zatinshiks, and collar workers, and government carpenters, and blacksmiths, who sit in shops and engage in all sorts of trades; and from their trade industries they also have to pay the sovereign’s customs duties, and be subject to taxation and pay all the sovereign’s taxes and serve in services with the townspeople in a row. And whoever doesn’t want to be in tax, let those people sell their shops to the sovereign’s tax people.

13. And some of the Moscow and city town tax people themselves, or their fathers, lived in Moscow in past years, and in towns on gardens, and in settlements in tax, and paid taxes, and others lived on farms and in settlements with tax people as prisoners and as hirelings, and now they live as pawnbrokers for the patriarch, and for the metropolitans, and for the archbishops, and for the bishop, and for the monasteries, and for the boyars, and for the okolniki, and for the Duma, and for neighbors, and for all sorts of ranks of people in Moscow and in the cities, in their courtyards and in estates, and in estates and on church lands: and all of them are found and taken to their old township places, where someone lived before this, childless and irrevocably. And from now on, all those people who will be taken for the sovereign will not be registered as pawnbrokers for anything, and will not be called anyone’s peasants or people. And if in the future they learn to mortgage, and call themselves peasants or people, they will be severely punished for this, beat them with a whip at the market, and exile them to Siberia to live on the Lena. Yes, and those people who will henceforth learn to accept them as pawnbrokers for themselves, because they will be in great disgrace from the sovereign, and the lands where those pawnbrokers will henceforth learn to live behind them, will take them to the sovereign.

27. And the children of Moscow and city townspeople left the tax people and signed up for the Streltsy service, and the father only had one son, or two: take them into tax service; and the father will have three sons, and the third is written as a streltsy: and he will not have a third son, unless he becomes a streltsy.

28. And those Moscow and city townspeople were in the townsman tax, and became gunners, and zatinschiki, and collar workers, and blacksmiths, and in other ranks: and those, according to the investigation, are all subject to tax.

29. And those Moscow and city tax people in the past years became Cossacks, and serve with the old-time Cossacks, and they are given monetary salaries, and monthly feeds are arranged: and those black people should not be taken from the Cossacks, but they will continue to be in the service as before.

0 ROBBERS AND ABOUT TATA'S CASES. AND IT CONTAINS 104 ARTICLES.

9. And they will bring the taty, and they will bring one crime against him: they will torture that taty in other crimes 4 and in murder. Let him be tortured in other crimes and not guilty of murder, but say that he stole for the first time, but did not commit murder: and for the first crime, beat him with a whip and cut off his left ear, and put him in prison for two years, and give his belly to them as a plaintiff to howl, and take him out of prison and send him in shackles to work on all sorts of products where the sovereign specifies...

10. And if the same thing is confiscated in another prison camp, he will be tortured for the same reasons in other prison camps. Let him only be guilty of two thefts, but he did not commit murder, and after torture, beat him with a whip, and cut off his right ear, put him in prison for four years; and after taking him out of prison, send him to all sorts of sovereign products for the same reason in shackles...

12. And they will bring the taty, and they will bring three, or four, or more thieves against him: they tortured that taty to death, although he did not commit murder, and his bellies will be given to the plaintiff to howl.

13. If the thief commits murder at the first robbery, he will be executed by death.

14. And the church thieves should be executed by death without any mercy, and their bellies should be given to the church thieves.

DECREE FOR WHAT GUILTY THE DEATH PENALTY IS INDEEDED TO WHOM AND WHAT GUILTY ARE NOT EXECUTED WITH DEATH, BUT PUNISHED.

AND IT CONTAINS 26 ARTICLES.

1. If a son or daughter commits capital murder against their father or mother, they will be executed by death for paternal or maternal murder without any mercy.

3. If a father or mother kills a son or daughter to death, and for that they are put in prison for a year, and after serving a year in prison, they come to the church of God, and at the church of God, declare that their sin to all people out loud, and by death Father and mother cannot be executed for their son and daughter.

4. If a son or daughter, not remembering the Christian law, teaches his father or mother to speak rudely, or hits his father or mother with his hand insolently, and the father or mother will teach them to beat them with their foreheads, and such forgetters of the Christian law for their father and beat the mother with a whip.

9. If someone’s man kills the one he serves to death: and he himself will be executed by death without any mercy.

14. If a wife commits capital murder on her husband, or feeds him poison, and it is found out about this: she should be executed for that, live, dig into the ground, and execute her with such execution without any mercy, although the murdered person’s children or other neighbors They don’t want her family to execute her, and they won’t give her mercy at all, and keep her in the ground until she dies.

From book Newest book facts. Volume 3 [Physics, chemistry and technology. History and archaeology. Miscellaneous] author Kondrashov Anatoly Pavlovich

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From the book Russian History author Platonov Sergey Fedorovich

The personality of Tsar Alexei Mikhailovich Among the Westerners and the Old Testament people, without completely belonging to either one or the other, stands the personality of Tsar Alexei Mikhailovich himself. This remarkable personality is clear enough. Many testimonies have been preserved about him, depicting him as everyone else.

Alexei Mikhailovich (1629-1676) - Russian Tsar from 1645. He strengthened the power of the center, and serfdom took shape under him. In 1654 Ukraine reunited with Russia, then Smolensk and other Russian lands were returned. During his reign, a split occurred in the Russian Church. Alexei Mikhailovich was called the Quietest, but under him there were frequent riots and uprisings in the Russian state (including the Medny (July 25, 1662) and Solyanaya (1648) riots, the uprising of Stepan Razin).

From internal orders under Tsar Alexei: prohibition (in 1648) for Belomest residents (monasteries and persons in state, military or civil service) to own black, taxable lands and industrial and commercial establishments (shops, etc.) in the suburbs; the final attachment of the tax classes, peasants and townspeople, to their place of residence; the transition was prohibited in 1648 not only to the peasant owners, but also to their children, brothers and nephews. New central institutions were founded, orders: Secret Affairs (no later than 1658), Grain (no later than 1663), Reitarsky (from 1651), Accounting Affairs (mentioned from 1657), engaged in checking receipts and expenses and cash balances, Little Russian (mentioned since 1649), Lithuanian (1656-1667), Monastic (1648-1677).

In financial terms, several transformations were also made: in 1646 and the following years, a census of tax households was completed with their adult and minor male population, and the unsuccessful above-mentioned attempt was made to introduce a new salt duty; decree of April 30 1654 it was forbidden to collect small customs duties (myt, road duties and anniversary) or farm them out and it was ordered to be included in the ruble duties collected at customs; at the beginning of 1656 (no later than March 3), due to a lack of funds, copper money was issued. Soon (from 1658) the copper ruble began to be valued at 10, 12, and in the 60s even 20 and 25 times cheaper than the silver one; the resulting terrible high prices caused a popular revolt (Copper Riot) on July 25, 1662. The rebellion was pacified by the king's promise to punish the perpetrators and by the expulsion of the Streltsy army against the rebels.

In the field of legislation: the Code was drawn up and published (printed for the first time on May 7-20, 1649) and supplementing it in some respects: New Trade Charter of 1667, New Decree Articles on Robbery and Murder Cases of 1669, New Decree Articles on estates 1676

Under Tsar Alexei, the colonization movement into Siberia continued. Nerchinsk (1658), Irkutsk (1659), Selenginsk (1666) were founded.

Cathedral Code of 1649 .

The immediate reason for its adoption was the uprising of the Moscow townspeople that broke out in 1648. The townspeople turned to the tsar with petitions for improvement of their situation and protection from oppression. At the same time, the nobles presented their demands to the tsar, who believed that they were being infringed upon in many ways by the boyars. The tsar suppressed the uprising of the townspeople, but was still forced to postpone the collection of arrears and to alleviate the position of the townspeople to some extent. In July 1648 he ordered the development of a new draft law called “Code” to begin. In the Council Code of 1649. legal norms of various branches of law are reflected.

In civil law, according to the “Conciliar Code,” the previously established three main types of feudal land tenure received legal recognition.

The first type is the property of the state or directly of the king (palace lands, lands of black volosts).

The second type is patrimonial land ownership. Being conditional ownership of land, estates still had a different legal status than estates. They were passed down by inheritance. There were three types of them: generic, served (complained) and purchased.

Having abolished the fixed-term years, the Council Code thereby completed the enslavement of the peasants (its previous stages were: the introduction of St. George's Day according to the Code of Laws of 1497, the adoption of decrees on reserved (1581) and fixed-term years (1587), holding at the turn of the 80-90- 15th century All-Russian land census, the result of which was the compilation of scribe books).

Obligations from contracts (purchase and sale agreements, barter, loan, luggage, etc.) have become widespread. The Council Code of 1649, trying to alleviate the situation of debtors (especially nobles), prohibited the collection of interest on a loan, considering that it should be free of charge. The statute of limitations on the loan was set at 15 years; partial payment of the debt interrupted the statute of limitations. Despite the prohibitions, the collection of interest under the loan agreement actually continued. However, these penalties could no longer have legal protection in court. The legislation provided for the following procedure for concluding contracts. The largest transactions were formalized according to the serf order, in which the document certifying the transaction was drawn up by a local clerk with the obligatory participation of at least two witnesses. Smaller transactions could be completed at home. The law did not precisely define the range of transactions that had to be formalized under serfdom. Methods of ensuring the execution of contracts were provided - pledge and surety. The legislation also paid attention to obligations resulting from causing harm. Liability was established for damage caused by grasses in fields and meadows. The owner of livestock that poisoned the land was obliged to compensate the owner for losses. Cattle detained during poisoning were to be returned to the owner safe and sound. Inheritance was carried out, as before, by will and by law.

In general, this period is characterized by noticeable shifts in the social, territorial and state structure. Big changes are also taking place in the field of law. The Russian state is preparing to enter the highest and final stage of feudalism - absolutism.