richard hellie
scroll copy of the Ulozhenie. This point must be stressed, for it is known that a
number of the upper chamber clerics refused to sign the document to protest
against the beating the Church had taken in the document on issues ranging
from a semi-secularisation of the Church (a lay governmental chancellery, the
Monastery Chancellery, was appointed to manage much of the Church; this
was an ancestor of Peter the Great’s Holy Synod) to issues on Church prop-
erty discussed at the beginning of this chapter. The scroll copy, which is still
extant, was taken to the state typography, and then 1,200 copies were pub-
lished. This was the second civil (non-religious) book published in Muscovy.
The 1,200 copies sold out rapidly, and a second printing of another 1,200 copies
was ordered immediately, which sold out in a couple of years.
39
The entire
Ulozhenie is a printed manifestation of the dictum of the Nobel Prize-winning
economist James Buchanan that governments will acquire more power when-
ever the opportunity arises. The Ulozhenie gave the government power over
nearly all of society, thus consolidating its almost total control over two of
the major economic factors (land and labour).
40
The third factor, capital, was
39 Richard Hellie, ‘Muscovite Law and Society: the Ulozhenie of 1649 as a Reflection of
the Political and Social Development of Russia since the Sudebnik of 1589’, unpublished
Ph.D. dissertation, University of Chicago, 1965; Richard Hellie, ‘The Ulozhenie of 1649’,
MERSH, vol.xl (Gulf Breeze, Fla.:Academic International Press, 1985), pp. 192–8; Richard
Hellie, ‘Early Modern Russian Law: The Ulozhenie of 1649’, and ‘Ulozhenie Commentary:
Preamble and Chapters 1–2’, RH 15 (1988): 155–224; Richard Hellie, ‘Commentary on
Chapters 3 through 6’, RH 17 (1990): 65–78; Richard Hellie, ‘Commentary on Chapters
7–9’, RH 17 (1990): 179–226; Richard Hellie, ‘Commentary on Chapter 11 (The Judicial
Process for Peasants)’, RH 17 (1990): 305–39; Richard Hellie, ‘The Church and the Law in
Late Muscovy: Chapters 12 and 13 of the Ulozhenie of 1649’, CASS 25 (1991): 179–99.
40 Perhaps a chapter such as this should discuss in detail the evolution of the exploitation of
the peasants/serfs in this period, but space limitations and other considerations prevent
such a presentation. Soviet scholars did much work on this issue, but never systematised
their findings. The problems are immense. One is the passage of time, and the facts that
rents were always changing. Another is the fact that there were numerous forms of rent,
ranging from labour rent (barshchina) in which a serf farmed his lord’s land to money
or in kind rent (obrok) to any possible combination of these forms of rent. Geographical
variations were important. Perhaps most important was the variety of landowners and
landholders ranging from the state itself to the tsar, from the Church (consisting of
the patriarch, monasteries, individual institutions) to magnate landowners down to
provincial cavalry landholders. With the passage of time, pure ‘rent’ gets mixed up with
taxes. The general assumption is that rent and taxes took about a third of a peasant’s
harvestand his time (if properly priced), the peasant could consume about a third of what
he produced, and he had to saveabout a third of his harvestfor seed for the following year.
See e.g. A. N. Sakharov, Russkaia derevnia XVII v. Po materialam Patriarshego khoziaistva
(Moscow: Nauka, 1966), pp. 66–7;N.A.Gorskaia,Monastyrskie krest’iane Tsentral’noi
Rossii v XVII veke. O sushchnosti i formakh feodal’no-krepostnicheskikh otnoshenii (Moscow:
Nauka, 1977), pp. 239–339; Iu. A. Tikhonov, Pomeshchich’i krest’iane v Rossii. Feodal’naia
renta v XVII – nachale XVIII v. (Moscow: Nauka, 1974), pp. 117–305. Tikhonov’s table 59
shows the vast variations in rents on service landholdings in this period (p. 297). See also
L. V. Milov, Velikorusskii pakhar’ i osobennosti rossiiskogo istoricheskogo protsessa (Moscow:
552
Cambridge Histories Online © Cambridge University Press, 2008