If we turn now from these early times to the eighteenth century, we find that the position of the rural population has entirely changed in the interval. The distinction between slaves, agricultural labourers, and peasants has completely disappeared. All three categories have melted together into a common class, called serfs, who are regarded as the property of the landed proprietors or of the State. "The proprietors sell their peasants and domestic servants not even in families, but one by one, like cattle, as is done nowhere else in the whole world, from which practice there is not a little wailing."* And yet the Government, whilst professing to regret the existence of the practice, takes no energetic measures to prevent it. On the contrary, it deprives the serfs of all legal protection, and expressly commands that if any serf shall dare to present a petition against his master, he shall be punished with the knout and transported for life to the mines of Nertchinsk. (Ukaz of August 22d, 1767.**)
* These words are taken from an Imperial ukaz of April 15th,
1721. Polnoye Sobranye Zakonov, No. 3,770.
** This is an ukaz of the liberal and tolerant Catherine!
How she reconciled it with her respect and admiration for
Beccaria's humane views on criminal law she does not
explain.
How did this important change take place, and how is it to be explained?
If we ask any educated Russian who has never specially occupied himself with historical investigations regarding the origin of serfage in Russia, he will probably reply somewhat in this fashion:
"In Russia slavery has never existed (!), and even serfage in the West-European sense has never been recognised by law! In ancient times the rural population was completely free, and every peasant might change his domicile on St. George's Day—that is to say, at the end of the agricultural year. This right of migration was abolished by Tsar Boris Godunof—who, by the way, was half a Tartar and more than half a usurper—and herein lies the essence of serfage in the Russian sense. The peasants have never been the property of the landed proprietors, but have always been personally free; and the only legal restriction on their liberty was that they were not allowed to change their domicile without the permission of the proprietor. If so-called serfs were sometimes sold, the practice was simply an abuse not justified by legislation."
This simple explanation, in which may be detected a note of patriotic pride, is almost universally accepted in Russia; but it contains, like most popular conceptions of the distant past, a curious mixture of fact and fiction. Serious historical investigation tends to show that the power of the proprietors over the peasants came into existence, not suddenly, as the result of an ukaz, but gradually, as a consequence of permanent economic and political causes, and that Boris Godunof was not more to blame than many of his predecessors and successors.*
* See especially Pobedonostsef, in the Russki Vestnik, 1858,
No. 11, and "Istoritcheskiya izsledovaniya i statyi" (St.
Petersburg, 1876), by the same author; also Pogodin, in the
Russkaya Beseda, 1858, No. 4.
Although the peasants in ancient Russia were free to wander about as they chose, there appeared at a very early period—long before the reign of Boris Godunof—a decided tendency in the Princes, in the proprietors, and in the Communes, to prevent migration. This tendency will be easily understood if we remember that land without labourers is useless, and that in Russia at that time the population was small in comparison with the amount of reclaimed and easily reclaimable land. The Prince desired to have as many inhabitants as possible in his principality, because the amount of his regular revenues depended on the number of the population. The landed proprietor desired to have as many peasants as possible on his estate, to till for him the land which he reserved for his own use, and to pay him for the remainder a yearly rent in money, produce, or labour. The free Communes desired to have a number of members sufficient to keep the whole of the Communal land under cultivation, because each Commune had to pay yearly to the Prince a fixed sum in money or agricultural produce, and the greater the number of able-bodied members, the less each individual had to pay. To use the language of political economy, the Princes, the landed proprietors, and the free Communes all appeared as buyers in the labour market; and the demand was far in excess of the supply. Nowadays when young colonies or landed proprietors in an outlying corner of the world are similarly in need of labour, they seek to supply the want by organising a regular system of importing labourers—using illegal violent means, such as kidnapping expeditions, merely as an exceptional expedient. In old Russia any such regularly organised system was impossible, and consequently illegal or violent measures were not the exception, but the rule. The chief practical advantage of the frequent military expeditions for those who took part in them was the acquisition of prisoners of war, who were commonly transformed into slaves by their captors. If it be true, as some assert, that only unbaptised prisoners were legally considered lawful booty, it is certain that in practice, before the unification of the principalities under the Tsars of Moscow, little distinction was made in this respect between unbaptised foreigners and Orthodox Russians.* A similar method was sometimes employed for the acquisition of free peasants: the more powerful proprietors organised kidnapping expeditions, and carried off by force the peasants settled on the land of their weaker neighbours.
* On this subject see Tchitcherin, "Opyty po istorii
Russkago prava," Moscow, 1858, p. 162 et seq.; and
Lokhvitski, "O plennykh po drevnemu Russkomu pravu," Moscow,
1855.
Under these circumstances it was only natural that those who possessed this valuable commodity should do all in their power to keep it. Many, if not all, of the free Communes adopted the simple measure of refusing to allow a member to depart until he had found some one to take his place. The proprietors never, so far as we know, laid down formally such a principle, but in practice they did all in their power to retain the peasants actually settled on their estates. For this purpose some simply employed force, whilst others acted under cover of legal formalities. The peasant who accepted land from a proprietor rarely brought with him the necessary implements, cattle, and capital to begin at once his occupations, and to feed himself and his family till the ensuing harvest. He was obliged, therefore, to borrow from his landlord, and the debt thus contracted was easily converted into a means of preventing his departure if he wished to change his domicile. We need not enter into further details. The proprietors were the capitalists of the time. Frequent bad harvests, plagues, fires, military raids, and similar misfortunes often reduced even prosperous peasants to beggary. The muzhik was probably then, as now, only too ready to accept a loan without taking the necessary precautions for repaying it. The laws relating to debt were terribly severe, and there was no powerful judicial organisation to protect the weak. If we remember all this, we shall not be surprised to learn that a considerable part of the peasantry were practically serfs before serfage was recognised by law.