Dependent population of ancient Rus'. Z

IN Kievan Rus IX - XII centuries Estates have not yet been formed - closed groups of the population with rights and responsibilities inherent only to them. Classes are characterized by heredity of status and the presence of obstacles that make it difficult to move to another social group. In the environment Old Russian population no class differences can be found. However, sources (primarily chronicles and ancient vault laws make it possible to detect segments of the population separated by property, functional or professional characteristics. IN historical science They are usually called differently: categories, groups or strata of the population.

The incompleteness of social construction in Ancient Rus' also determined the diversity of terminology for designating certain categories of townspeople and peasants. The entire population of Rus' can be divided into free and dependent; In all this, outcasts constituted a special category. In turn, within the framework of the free population, a ruling stratum is distinguished by its legal and property status. Sources contemporary to the period under review always try to highlight the most influential group of the population, using the epithets “best”, “oldest”, “faded”, “front”, “deliberate”.

At the same time, the rest of the population is characterized as “younger”, “smaller”, “simple”, “black” people.

The highest elite layer of ancient Russian society was made up of princes, descended from the ancestor - Rurik. In many ways, the privileged position of the people of Ancient Rus' was determined by their closeness to the prince. One can discover several ways of forming the upper stratum - from the old family aristocracy, whose position in the new conditions could be preserved if they entered the circle of people close to the prince; from the top of the community (rich community members, elected officials); as well as from any category of the population thanks to the will of the prince. The prince could both elevate a person from the very bottom of society, and turn a free person into a slave (servant).

The dominant stratum of ancient Russian society included persons who are described in sources by the terms “boyars”, “ognishchans”, “princely men”, less often - “nobles”. The most ancient East Slavic legislation distinguished these people with two privileges: 1) their life was protected by a fine (vira) of 80 hryvnia, which is twice the fine for the murder of a simple free person (Article 3 “If someone kills a prince’s husband in robbery, but does not look for the leader, then to pay a vernaya, in whose rope the head lies then 80 hryvnia” 2) they were subject to a special procedure for inheriting property, which presupposed the participation of female persons in the inheritance (daughters in the absence of sons).

The terms “boyars”, “ognishchans”, “princely men” meant practically one category of the population, whose high position determined by proximity to the prince. The boyars, like the princely men, were princely squad. Ognishchanami in the XI-XIII centuries. called large landowners whose farms used slave labor. .

If you pay attention to the articles of the lengthy “Russkaya Pravda”, which, instead of the “ognishchanin” of the short “Russian Pravda”, talk about the “princely husband” or “fiery tiun”, then one can consider the ognishchanin precisely for the prince husband, and in particular for the tiun , the manager with the prince's slaves, that is, for the person preceding the later courtiers or butlers. The position of the latter was very high at the princely courts, and at the same time they could themselves be slaves. So, therefore, it is possible to mistake the Ognishchans for noble princely men; but it is doubtful that the Ognishchans were the highest class of zemstvo society.

Boyars and princes also became large land owners. The most powerful dominant stratum of the population of Ancient Rus' after the princes - the boyars - in the 11th century. no longer supplied a mass homogeneous in terms of property and prestige status. Thus, the boyars of the prince and the boyars of the prince’s sons, the “great” boyars and the “lesser” boyars are mentioned. Over time, the term “boyars” was transferred to the non-service (not serving in the squad) nobility, while at the same time the concept of “prince husband” extended only to people in the princely service. And in general, the boyars in the period under review did not yet constitute a separate class; researchers note that in addition to these privileges, the boyars had no other legal differences from free people; the sons of the boyars did not necessarily receive a high status by inheritance.

The wealth of another fairly influential layer of the population of Ancient Rus' - merchants and aunts - was of a different origin. Guests in Rus' were called traders engaged in international trade, or foreign and out-of-town merchants.

And division is emerging among the merchants. The “most senior” or “oldest” merchants play a noticeable role in public life: they are invited by princes to meetings with firemen and warriors, and take part in diplomatic missions, promote military actions. In the 12th century. The creation of merchant organizations is noted (“Ivanovo Sto” in Novgorod). However, in legal terms, the merchants did not stand out in any way from the bulk of the free population: “Even if you kill your husband... if you are a Rusin, or a Grid, any merchant, any Tivun boyar, any swordsman, any outcast, or a Slovenian, then he will put 40 hryvnia for "Large "Russian Truth" (i.e., for the murder of a merchant, a fine of 40 hryvnia was exacted, as for the murder of any free person).

The largest segment of the population of Kievan Rus was made up of free community members - people, black people or smerds. There are still ongoing disputes in science regarding the property and personal rights of smerds, caused mainly by the lack of accurate characteristics of this segment of the population in the sources.

As Rybakov B.A. notes, ancient Russian smerdas of the 11th - 12th centuries. are depicted as a significant part of the semi-peasant feudal-dependent population of Kievan Rus. Smerd was personally free. He ran his own farm together with his family.

The prince gave the smerd land on the condition that he would work for him. In the event of the death of a smerd who had no sons, the land returned to the prince. For his right to own an independent farm, the smerd paid tribute to the prince. For the debts, the stink was in danger of becoming a feudal-dependent purchase. With the development of feudalism, the role of smerds in Kievan Rus decreased. It should be noted that sources provide very little information about smerdas. According to Pokrovsky S.A., “the stink of “Russkaya Pravda”, like a commoner, an ordinary citizen, is everywhere presented by “Russkaya Pravda” as a free person, unlimited in his legal capacity.” Sverdlov M.B. considers the most fruitful division of smerds into personally free and feudal-dependent. . Quite definitely smerds were called exclusively- the term “black people” was used in relation to the entire simple free population (including urban ones). Urban black people were farmers, small traders or artisans. Black people in cities could form their own communities - hundreds led by elected centurions.

The position of artisans was higher than that of farmers, as evidenced by the norms of “Russian Pravda” - the fine for killing a craftsman was 12 hryvnia, and for killing a stinker - 5 hryvnia. . Craftsmen were divided into princely and zemstvo. They settled in groups based on similar professions. This is how entire districts and streets of the city were formed: Goncharnyi end (Novgorod), Kozhemyaki (Kyiv), Shchitnaya street (Novgorod) and so on.

At this time, differentiation of the craft occurs, more wealthy craftsmen are identified, who, perhaps, own a place at the auction and sell their products themselves, being both producers and traders.

Urban artisans also felt feudal oppression and often experienced dire need. Feudal lords sometimes owned artisans as serfs, and sometimes imposed quitrent on them.

The dependence of artisans on moneylenders was especially severe. The interest on the loan sometimes exceeded half the amount borrowed, and if it was impossible to pay the debt, the debtor fell into eternal bondage and was forced to pay usurious interest all the time, although total amount could already far exceed the original debt. Only the uprising of 1113 forced the feudal lords to change legislation in favor of people in need of loans.

Urban artisans were a great social force. There is indirect evidence that they united into corporations similar to Western European workshops, which, of course, strengthened the position of the “black people” of urban suburbs. A completely powerless category of the ancient Russian population were serfs (woman - servant - robe). Serfs are characterized not as a subject, but as an object of law: in essence, they were property, slaves and did not have legal capacity. For the murder of a serf, the usual fine was not imposed: “And there is no virus in the serf and in the robe: but the serf is killed without guilt, then pay for the serf’s lesson, or for the robe, and 12 hryvnia sales to the prince.” .

Serfs were the property of their masters, and ancient Russian legislation did not interfere with the relationship between masters and slaves. But the owner must be responsible for the actions of his slave to third parties. If illegal actions were carried out by a slave with the knowledge of the owner, then the latter had to fully compensate for all losses. If the slave acted on his own initiative, then the master was required to either pay for the losses or hand the slave over to the victim. The legislation provided for an indefinite search for fugitive slaves:

“And in the slave and the robe there is judgment from time immemorial.” The sources of servility are divided into two groups:

1) when free man turned out to be a slave against his will,
2) when a person became a slave of his own free will.

The first group includes captivity, crime and failure to pay debt. A free person could voluntarily become a slave by selling himself in the presence of a witness, by marrying a rob, or by entering the service of a tiun or housekeeper. They also became slaves by birth. Already from the list of sources of servility it is clear that people from different layers population. The economic and property status of the slaves also turned out to be different.

Serfs were employed in all branches of the master's economy - in management, in craft and agricultural production, in serving the master and his court, in external trade relations. The number of serfs could include firemen and tiuns, who occupied a fairly high position in ancient Russian society.

The more common name for the slaves of Ancient Rus' was servants ( singular"servant") Apparently, initially this term denoted all categories of people who were captured: they could be used in the prince’s household or sold. Later, servants began to be called all categories of people who had lost their personal freedom.

The social system of Kievan Rus, in addition to serfs and servants, knows other categories personally dependent people, whose dependence was temporary. First of all, these are purchases that became dependent through a loan (“for a purchase”), which had to be worked off on the master’s farm. A significant difference between purchases and slaves was their right to sue the master. The master could not punish the purchaser for no reason and take away his property. His master was responsible for procurement misconduct. In this case, the purchase could be turned into servitude. Close in form of dependence to purchases were hirelings (hired to work off a monetary debt with interest), ryadovichi (contracting a contract with their owner), vdacha (receiving a loan of grain).

A special category of the population of Ancient Rus' were the so-called outcasts. The appearance of outcasts, that is, people who, for one reason or another, had lost ties with their social stratum, was a widespread phenomenon, covering all segments of the population.

Those who left the community turned into outcasts; slaves bought out of slavery, bankrupt merchants; sons of a clergyman who were unable to read and write.

Old Russian legislation protected the outcast as a free person: “But if you kill... an outcast... then you’ll pay 40 hryvnia.” .

I consider it necessary to mention a completely special class of people in Kyiv society, a class that obeyed not the prince, but the church. This is a church society consisting of: 1) hierarchy, priesthood and monasticism; 2) persons who served the church, clergy; 3) persons looked after by the church - old, crippled, sick; 4) persons who came under the care of the church - outcasts, and 5) persons dependent on the church - “servants” (slaves), who were donated to the church from secular owners. The church charters of the princes describe the composition of the church society as follows: “And these are the church people: the abbot, the abbess, the priest, the deacon and their children, and those who are in the wing: the priest, the monk, the blueberry, the mallow, the pilgrim, the sveshchegas, the watchman, the blind, the lame, widow, freedman (i.e. freed according to a spiritual will), outcasts (i.e. persons who have lost civil rights); monasteries, hospitals, hotels, hospices, then church people, almshouses.” The church hierarchy is in charge of all these people with the administration and the court: “Either the metropolitan or the bishop knows whether between you there is a trial or an offense.” The church creates a firm social position for outcasts and slaves and all its people, imparts the rights of citizenship, but at the same time removes them completely from. Thus, the motley structure of ancient Russian society with numerous categories of the population endowed with different legal status indicates the incompleteness of social processes. In socio-economic terms, Kievan Rus was characterized by a combination of several structures (patriarchal, feudal, slaveholding), which was reflected in the social system.

A law cannot be a law if there is no strong force behind it.
Mahatma Gandhi

The entire population of Ancient Rus' can be divided into free and dependent. The first category included the nobility and simple people who had no debts, were engaged in crafts and were not burdened with restrictions. With dependent (involuntary) categories everything is more complicated. In general, these were people who were deprived of certain rights, but the entire composition of involuntary people in Rus' was different.

The entire dependent population of Rus' can be divided into 2 classes: those completely deprived of rights and those who retained partial rights.

Serfs- slaves who fell into this position due to debts or by decision of the community.
Servants- slaves who were purchased at auction were taken prisoner. These were slaves in the classical sense of the word.
Smerda- people born into dependence.
Ryadovichi- people who were hired to work under a contract (series).
Purchases- worked off a certain amount (loan or purchase) that they owed, but could not repay.
Tiuny- managers of princely estates.

Russian truth also divided the population into categories. In it you can find the following categories of the dependent population of Rus' in the 11th century.

It is important to note that the categories of the personally dependent population in the era of Ancient Rus' were smerds, serfs and servants. They also had complete dependence from the prince (master).

Completely dependent (whitewashed) segments of the population

The bulk of the population in Ancient Rus' belonged to the category of completely dependent. These were slaves and servants. In fact, these were people who, by their social status, were slaves. But here it is important to note that the concept of “slave” in Rus' and in Western Europe were very different. If in Europe slaves had no rights, and everyone recognized this, then in Rus' slaves and servants had no rights, but the church condemned any elements of violence against them. Therefore, the position of the church was important for this category of the population and provided relatively comfortable living conditions for them.

Despite the position of the church, completely dependent categories of the population were deprived of all rights. This demonstrates well Russian Truth. This document, in one of its articles, provided for payment in the event of killing a person. So, for a free citizen the payment was 40 hryvnias, and for a dependent one - 5.

Serfs

Serfs - that's what they called people in Rus' who served others. This was the largest stratum of the population. People who became completely dependent were also called " whitewashed slaves».

People became slaves as a result of ruin, misdeeds, and the decision of fiefdom. They could also become free people who, for certain reasons, have lost part of their freedom. Some voluntarily became slaves. This is due to the fact that a part (small, of course) of this category of the population was actually “privileged”. Among the slaves were people from the prince’s personal service, housekeepers, firemen and others. They were rated in society even higher than free people.

Servants

Servants are people who have lost their freedom not as a result of debt. These were prisoners of war, thieves, condemned by the community, and so on. As a rule, these people did the dirtiest and hardest work. It was an insignificant layer.

Differences between servants and slaves

How were servants different from serfs? It is as difficult to answer this question as it is today to tell how a social accountant differs from a cashier... But if you try to characterize the differences, then the servants consisted of people who became dependent as a result of their misdeeds. One could become a slave voluntarily. To put it even simpler: the slaves served, the servants did the work. What they had in common was that they were completely deprived of their rights.

Partially dependent population

Partially dependent categories of the population included those people and groups of people who lost only part of their freedom. They were not slaves or servants. Yes, they depended on the “owner”, but they could run their own households, engage in trade and other matters.

Purchases

Purchases are ruined people. They were given to work for a certain kupa (loan). In most cases, these were people who borrowed money and could not repay the debt. Then the person became a “purchase”. He became economically dependent on his master, but after he completely repaid the debt, he became free again. This category of people could be deprived of all rights only if the law was violated and after a decision by the community. Most common reason, according to which Purchases became slaves - theft of the owner's property.

Ryadovichi

Ryadovichi - hired to work under a contract (row). These people were deprived of personal freedom, but at the same time retained the right to conduct personal farming. As a rule, the agreement was concluded with the land user and it was concluded by people who were bankrupt or unable to lead a free lifestyle. For example, series were often concluded for 5 years. Ryadovich was obliged to work on the princely land and for this he received food and a place to sleep.

Tiuny

Tiuns are managers, that is, people who locally managed the economy and were responsible to the prince for the results. All estates and villages had a management system:

Fire Tiun. This is always 1 person - a senior manager. His position in society was very high. If we measure this position by modern standards, then the fire tiun is the head of a city or village.
Regular tiun. He was subordinate to the fireman, being responsible for a certain element of the economy, for example: crop yield, raising animals, collecting honey, hunting, and so on. Each direction had its own manager.

Often ordinary people could get into tiuns, but mostly they were completely dependent serfs. In general, this category of the dependent population of Ancient Rus' was privileged. They lived in the princely court, had direct contact with the prince, were exempt from taxes, and some were allowed to start a personal household.

Special attention when studying the Old Russian state, one should pay attention to the characteristics of the state and social system and legal system.

State system and local government

According to the form of government, it was an early feudal monarchy. The highest power belonged to the Grand Duke, who was the bearer of legislative, executive and judicial powers. Under the prince there was a Council consisting of the oldest squad ( military nobility), the most influential palace servants and senior clergy.

In necessary cases, feudal congresses were convened, which brought together princes and large feudal lords. The prince's council and feudal congresses did not have strictly defined competence.

The veche was also preserved - a people's assembly, which met as needed and resolved the most important issues: war and peace, removal of the prince, etc.). Over time, it lost its meaning.

Central authorities government controlled were built on the basis of the palace-patrimonial system, in which government was carried out on the basis of the management apparatus of the princely court. In the hands of princely servants (butler, stable keeper, etc.) the functions of managing some branch of the palace economy and a similar sphere in government administration were combined.

Local government was carried out by mayors and volosts directed from the center, operating on the basis of a feeding system, i.e. their maintenance was assumed by the population of the managed territories.

A special role in the state mechanism was played by the army, the backbone of which was the grand ducal squad. If necessary, other princes were called up with their squads. In case of serious military danger, the people's militia gathered.

The Old Russian state did not have special judiciary. Judicial functions were performed by state and local authorities. However, there were special officials who assisted in the administration of justice. Among them we can name, for example, the Virniks, who collected criminal fines for murder. The Virniks, when on duty, were accompanied by a whole retinue of minor officials. Judicial functions were also performed by the church and individual feudal lords, who had the right to judge people dependent on them (patrimonial justice). The judicial powers of the feudal lord formed an integral part of his immunity rights.

Social order

The main classes of ancient Russian society were feudal lords and feudal-dependent people. The feudal lords included princes, “best”, “eldest” men, boyars, firemen, who owned land property in the form of estates (hereditary property).

Origin of privileged classes: from the tribal nobility, military service, servants especially close to the prince (tiuns, etc.).

Feudal property was hierarchical in nature. Large feudal lords - princes - were lords (suzerains), who had vassals who were in certain relationships with the lords, regulated by feudal agreements and special, immunity charters. The nobility received certain territories at their disposal with the right to carry out justice on them and collect tribute without the participation of the prince. Gradually these territories (by the 11th-12th centuries) became the property of their owners.

After accepting Christianity, which played important role in the making ancient Russian statehood, the privileged classes were replenished with the clergy. The church is gradually turning into a large landowner.

Feudal lords were exempt from paying taxes and duties, had the exclusive right of ownership of land, to occupy high government positions, participation in the adoption of laws, exercise of judicial functions, participation in international negotiations, etc.

The bulk of the population of Kievan Rus were smerds. They owned plots of land and had the necessary tools. The vast majority of the population of Ancient Rus' lived in a community (urban or rural). A territorial or neighboring community - verv was a subject of law, it was responsible for crimes committed on its territory, acted as a subject in land disputes, etc. A community member could leave the community (for example, “not invest” in wild vira). During the period under review (9th-12th centuries), some of the smerds remained free (paid tribute, performed duties), but some of them had already become dependent on the feudal lords (paid quitrents and performed corvée).

Another group of dependent people were purchases. These are people who, due to financial difficulties, borrowed some property (kupa). The dacha coupe was formalized by agreement in the presence of witnesses. Before the debt was repaid, the purchase was dependent on the owner and was certain duties in his favor.

Particular attention must be paid to slavery and the institution of servitude. The main source of slavery was captivity. However, due to climatic conditions and other factors (relatively high level development of production, other conditions for the formation of statehood, etc.) slavery did not spread in Rus' and was of a limited, patriarchal nature. Initially, the source of servitude was also captivity. Later, servile dependence begins to be regulated by the Russian Truth, which provided for the following cases of conversion to serfs:

1) failure to return what was borrowed;

2) as a measure of punishment;

3) registration of entry into the service of the feudal lord as a key keeper in an inappropriate manner (without witnesses);

4) self-selling into slaves;

5) entering into marriage between a free man and a slave.

The slave was deprived of all rights, he was not a subject of law, the owner was responsible for him. There were two types of servitude - white (eternal) and temporary. Special status had outcasts - a personally free, but defenseless category of the population before society and the state: blood feud did not apply to outcasts, they were forbidden to provide assistance in paying fines.

The urban population consisted of artisans and merchants. They could unite into professional organizations (like workshops and guilds).

Russian Truth

When considering the legal system, it should be borne in mind that in the Old Russian state there was common law based on customs pre-state period and still retained their features (sacred character, blood feud, etc.) and the princely legislation that appeared quite early. The most complete expression of the latter was Russian Truth. This legislative monument is the result of the law-making activities of Prince Yaroslav the Wise and his descendants. In science, there is an unconfirmed version of Russian Truth as a private codification. The sources of Russian Truth were: common law, legislation of princes, judicial practice, Byzantine canon law.

Russian Truth – multifaceted legislative document, built on a casual system, which contained norms governing different sides social life of ancient Russian society. Russian Truth was divided into three editions: Brief, Long and Abridged. More than a hundred lists of Russian Truth have reached us.

It regulated civil law relations (the system of contracts, inheritance law etc.), considered acts of a criminal law nature, regulated procedural relations. Crime was understood as “offense”, i.e. causing physical, property or moral harm. The process was based on three stages: “call out” (announcement of a crime committed on a shopping area), “pursuit of a trace” (search for a criminal or a missing thing) and “record” (analogous to a modern confrontation). In the process of proof, the following were used: “red-handed” (evidence), testimony of witnesses (“vidokov” and “hearsay”), “rota” (oath), ordeals, etc.

The punishment system was built on the principle of talion and included: blood feud (subsequently prohibited), a fine (vira, half-vira, double, wild or general and lesson), “flow and plunder” (there is still controversy about the essence of this type punishment. The most common point of view is that it is confiscation of property and expulsion of the offender from the community.

Russian Pravda and other sources of ancient Russian law quite clearly distinguish between two main parts of civil law - the right of property and the law of obligations. Property rights arise with the establishment of feudalism and feudal ownership of land. Feudal property is formalized in the form of a princely domain (land ownership belonging to a given princely family), a boyar or monastic estate. The Brief Edition of Russian Pravda enshrines the inviolability of feudal land ownership. In addition to ownership of land, she also talks about the ownership of other things - horses, draft animals, slaves, etc.

Russian Truth knows obligations from contracts and obligations from causing harm. Moreover, the latter merge with the concept of crime and are called offense.

Old Russian law of obligations is characterized by foreclosure not only on property, but also on the personality of the debtor, and sometimes even on his wife and children. The main types of contracts were contracts of barter, purchase and sale, loan, luggage, and personal hire. The agreements were concluded in orally, but in the presence of witnesses - hearsay. The purchase and sale of land apparently required written form. When selling a stolen item, the transaction was considered invalid, and the buyer had the right to demand compensation for losses.

The loan agreement is regulated most fully in Russian Pravda. In 1113, there was an uprising of the Kyiv lower classes against the moneylenders, and Vladimir Monomakh, called upon by the boyars to save the situation, took measures to streamline the collection of interest on debts. The law names not only money as the object of a loan, but also bread and honey. There are three types of loans: a regular (household) loan, a loan made between merchants (with simplified formalities), and a loan with self-mortgage - procurement. There are different types of interest depending on the loan term. The period for charging interest is limited to two years. If the debtor paid interest for three years, then he had the right not to return the borrowed amount to the creditor. Short-term borrowing carried the highest interest rate.

Marriage and family legislation developed in Ancient Rus' in accordance with canonical rules. Initially, customs associated with the pagan cult were in effect. One of the forms of individual marriage in the pagan era was bride abduction (including imaginary), another was purchase. Polygamy was quite widespread. With the introduction of Christianity, new principles of family law were established - monogamy, difficulty in divorce, lack of rights for illegitimate children, cruel punishments for extramarital affairs.

According to the Church Charter of Yaroslav, a monogamous family becomes an object of protection by the church. Members of such a family, primarily the wife, enjoy her full protection. Marriage was necessarily preceded by betrothal, which was considered indissoluble

In addition to the Russian Truth, social relations in the Old Russian state were regulated by a number of other regulatory documents. These are primarily princely charters and charters. The statutes were fixed on long time relations between the state and church authorities. For example, the Charter of Prince Vladimir Svyatoslavovich on tithes, courts and church people (defining the jurisdiction of the church - intra-family relations, witchcraft), the Charter of Prince Yaroslav Vladimirovich on church courts (regulation of family and marriage relations, as well as prosecution for crimes related to violation of family norms). marriage law, sex crimes and crimes against the church).

A separate category legal documents consisted of treaties between Rus' and Byzantium in 907, 911, 944 and 971. These are the first written agreements that have reached our time. They regulated trade relations between Russian merchants and Byzantium, determined the procedure for resolving civil disputes, the procedure for prosecuting perpetrators and types of punishment for criminal offenses.

Control questions

1. List the preconditions for the formation of a state among the Eastern Slavs.

2. What are the features of the formation of the Old Russian state?

3. Why did the Old Russian state bypass the slaveholding phase of development? What factors contributed to this?

4. Why did two centers of Slavic statehood actually emerge with different forms of government: the early feudal monarchy in Kyiv and the feudal republic in Novgorod?

5. Features of the organization state power in the Old Russian state.

6. What is the palace-patrimonial management system?

7. How was local government carried out in Kievan Rus?

8. Social structure of the Old Russian state and its features.

9. The main features of the institution of servitude in Ancient Rus'.

10. List the main sources of ancient Russian law. What is the significance of Russian Truth?

11. Legal regulation of procedural relations in Kievan Rus.

12. Describe criminal law according to Russian Truth.

13. What are the features legal regulation marriage, family and inheritance relations in Rus' in the X-XII centuries?

14. How the Eastern Slavs lived in the 7th-8th centuries. (settlement, nature of economic activity, beliefs, clan organization, social stratification, tribal associations, relationships with neighboring peoples)?

15. Why did the Eastern Slavs bypass the slaveholding stage of development? What prevented slavery from becoming the basis of their economic activity?

16.Under the influence of what factors did the process of political consolidation of the East Slavic tribes take place? What reasons underlay the emergence of statehood among the Eastern Slavs?

17.What role did the baptism of Rus' play in the formation and strengthening of national statehood?

18. What does the Tale of Bygone Years say about the calling of the Varangians to the Russian land? How do supporters of the “Norman theory” of the origin of the Old Russian state interpret the chronicle information? What is the scientific inconsistency of this theory?

19.What did the social system of the Old Russian state look like? What was the legal status of the main categories of its population? Why Old Russian society considered early feudal?

20.What elements did it consist of? political system Kievan Rus? What is the palace-patrimonial management system?

21.What are the reasons for the loss of state unity in Russia? Is it possible to consider the collapse of the Old Russian state and the ensuing political disunity of Russian lands as a logical stage in the development of Russian statehood?

22.What sources of law played a decisive role in the formation of the legal system of the Old Russian state? What caused the development of the grand ducal legislation?

23.What is the origin of Russian Truth? What editions does it include? What is the technical and legal level of this legal monument? What influence did he have on the subsequent development of domestic law, what is its general historical significance?

24. What characteristics can be given to the law of obligations, inheritance and family and marriage law, based on the provisions of the Russian Pravda?

25. What did the system of crimes and punishments look like in Russian Pravda?

26.What were the features of the judicial process in the Old Russian state? What types of evidence did Russkaya Pravda provide for?

Literature

1. Reader on the history of state and law of the USSR. – M., 1990.

2. Russian legislation of the X-XX centuries. / ed. O.I. Chistyakova. T. 1. – M., 1984.

3. Vladimirsky-Budanov M.F. Review of the history of Russian law. – Rostov-on-Don, 1995.

4. Isaev I.A. History of state and law of Russia: textbook. allowance. – M., 2004.

5. History of state and law of Russia / ed. Yu.P. Titova. – M., 2004.

6. History domestic state and rights / ed. O.I. Chistyakova. – M., 2004.

7. Kudinov O.A. History of domestic state and law. – M., 2005.

8. Rogov V.A. History of state and law of Russia. – M., 1995.

9. Rybakov B.A. Kievan Rus and Russians Principalities XII-XIII centuries – M., 1982.

10. Yushkov S.V. Metropolitan justice. – M., 1989.

Tasks

Task No. 1

In the historical and legal literature there is a distinction following forms emergence of the state:

1) Athenian - classical (social division of labor and the growth of its productivity, the emergence of the family, private property, the split of society into opposing classes, the emergence of the state in the form of policies);

2) Roman (the reasons listed in the previous paragraph and the struggle of the plebeians against the patricians);

3) ancient Germanic (the emergence of the state as a result of violence);

4) Asian ( geographical conditions, creation of irrigation structures, creation of a superstructure for construction management - the state apparatus).

Which form do you think is acceptable to explain the emergence of the state in Kievan Rus? Is it possible, using the example of the formation of Kievan Rus, to talk about any one form of the emergence of a state among the ancient Slavs?

Task No. 2

During the reign of Prince Yaroslav the Wise, two criminal cases took place. The essence of the first was that, defending his family and property, boyar K. killed a thief who had entered the house. In the second case, during a fight between two Smerds, one killed the other.

Explain what the prince's court should be guided by and what decisions should be made in these cases.

Task No. 3

The boyar slave T. started a fight with a resident of the settlement, blacksmith K., on the street, as a result of which he beat the blacksmith himself and the merchant P., who tried to separate them. He managed to hide from his pursuers in his master's house. The victims appealed to the princely court.

What decision should the prince make, given that the events took place in the 11th century? Can a slave be the subject of a crime?

Task No. 4

Resolve the dispute that arose between two residents of the settlement - shoemaker A. and potter V., taking into account the fact that it took place in beginning of XII V. The initiator of the trial was shoemaker A., who asked to punish potter V. for beating him in a fight. According to eyewitnesses of the incident, the fight was provoked by shoemaker A.

What decision will the prince make? Would the fact that the fight was provoked by the potter influence the decision?

Task No. 5

During the trial of the murder of the merchant L., the prince, in order to clarify all the circumstances and punish the culprit - vigilante P., interviewed three people who, in his opinion, could help recreate the full picture of what happened. Two of them said that they were present at the fight, the third was not personally at the fight, but assured that he knew everything from the words of the wife and son of the murdered man. The last story seemed the most convincing to the prince.

Could the prince be guided when making a decision by the testimony of a person who did not see the crime itself, given that the crime took place in 1097?

Task No. 6

Resolve the situation that arose at the beginning of the 12th century. During bargaining at the bazaar, a quarrel arose between the Varangian merchant and the princely warrior V., which escalated into a fight. The victim in the fight was a Varangian merchant: he was beaten, his goods were partially destroyed. He demanded that the prince condemn the guilty warrior.

What decision was made by the princely court? Will the fact that the victim was a foreigner affect the outcome of the case?

Problem No. 7

During a quarrel, Smerd K. killed the boyar slave E. Since the murder took place at a fair with a large crowd of people, Smerd K. was immediately taken to the princely court for trial.

What decision did the prince make in accordance with the legislation in force during this period? How would the decision change if it was not a serf who was killed, but a smerd?

Task No. 8

At the princely court, the case of the theft of goods from the merchant R. by the merchant I. was examined. The testimony of the victim and the accused was confusing. It was unclear what kind of goods were stolen, where this goods were stored, and why suspicion fell on merchant I. Both sides swore an oath on the Bible, promising to tell the truth. However, the situation was never clarified. The prince postponed the decision of this case until the next day, so that the parties could provide more compelling evidence of their positions.

What evidence could be used to trial XI-XII centuries, if a similar situation took place in Kievan Rus?

Tests

1. The reasons for the formation of the Old Russian state are:

a) increased labor productivity, geographical location and climatic conditions, ethnic and religious community of Slavic tribes;

b) the conquest of other peoples inhabiting the territory of the future Old Russian state by Slavic tribes;

c) conclusion of an agreement on the creation of a state by the elders of the Slavic tribes.

2. The Norman theory of the origin of the state among the Slavs was refuted:

a) O.I. Klyuchevsky;

b) M.V. Lomonosov;

c) O.I. Chistyakov.

3. According to the Norman theory of the origin of statehood among the Slavs:

A) Slavic tribes invited as ruler - Varangian prince with his squad;

b) the state of the Slavs arose as a result of the Mongol-Tatar conquest;

c) the state arose as a result of the conquest of the Slavic tribes by the Pechenegs.

4. The early feudal monarchy in the Old Russian state is characterized by the presence of a prince at the head of state:

a) Boyar Duma;

b) feudal congresses and people's councils;

c) Zemsky Sobor.

5. Form of government - feudal republic, took place:

a) in Novgorod;

b) in Kyiv;

c) in the Rostov-Suzdal land.

6. Feeding system as a way to maintain organs local government consisted:

a) in the receipt by the governors of salaries from the princely treasury;

b) in the governors retaining for themselves part of the duties and tribute collected for the prince;

c) the need for governors to engage in crafts or cultivate the land to support themselves and their apparatus.

7. The feudal lords in Kievan Rus were represented by:

a) princes, “best”, “oldest” men, boyars, firemen, the church;

b) princes, boyars and the church;

c) “best” and “oldest” husbands, firemen.

8. Serfs in Ancient Rus' had the status:

b) serfs;

c) free people.

9. Smerdas are:

a) the entire free population of Kievan Rus;

b) free peasants;

c) urban population engaged in small trade and crafts.

10. The sources of Russian Truth were:

a) common law, legislation of princes, judicial practice, Byzantine canon law;

b) customary law and religious norms;

c) judicial practice.

11. Russian Truth understood crime as:

a) offense or harm caused to one or more people;

b) a socially dangerous act that encroaches on state-protected interests;

c) property damage caused to a certain person.

12. Criminal liability in Russian Pravda is presented:

a) mainly property punishments;

b) self-mutilation and death penalty;

c) imprisonment and hard labor.

13. Trial according to Russian Truth:

a) was of an accusatory-adversarial nature;

b) was wanted;

c) was competitive.

14. The stages of the trial under Russian Truth were:

a) call out, arch, chase a trace;

b) cry out, chase the trail, flood and plunder;

c) vault and shout.

15. The testimony on Russkaya Pravda was:

a) evidence of video and hearsay evidence;

b) testimony of eyewitnesses of the crime;

c) testimony of persons who own land plots and who can provide any information about the crime.

16. Three editions of Russian Pravda are:

a) three parts regulating homogeneous social relations;

b) three parts regulating legal status various classes;

c) editions of Russian Pravda with changes and additions made during certain historical periods.

17. In what century was a single Old Russian state based in Kyiv founded on the territory of the Eastern Slavs?

a) In the 11th century. b) In the 9th century. c) In the 10th century.

18. In what year was the first agreement between the Kyiv state and Byzantium concluded?

a) In 907. b) In 862. c) In 911.

19.Which of the three editions of Russian Truth is the most ancient?

a) Abridged Truth. b) Brief Truth. c) Extensive Truth.

20.One of the types of punishments in Russian Pravda was golovnichestvo. Headiness is:

a) monetary recovery in favor of the family of the murdered person

b) a fine for the murder of persons belonging to the lower strata of society.

c) confiscation of the criminal’s property.

21. For the murder of “princely men”, according to Russian Pravda, a fine was established in the amount of:

a) 40 hryvnia b) 80 hryvnia c) 20 hryvnia.

22. Capital punishment punishments according to Russian Truth.

a) death penalty.

b) hard labor.

c) life imprisonment.

d) confiscation of property and extradition of the criminal (along with his family) to

23. Which Kiev prince reduced usurious interest rates?

a) Svyatopolk.

b) Ivan Kalita.

c) Vladimir Monomakh.

d) Saint Vladimir.

24. What was the name of the oldest code of Russian law, the text of which came before us?
didn't arrive?

a) Russian Law

b) Yaroslav's truth.

c) The truth of Yaroslavich.

d) Council Code.

25. The most powerless subject according to Russian Truth.

a) purchase, b) serf, c) hired worker, d) rank and file.

26. When was the Old Russian state formed with its capital in Kyiv?

a) in the 6th century, b) in the 10th century, c) in the 110th century..

27. Which of the ancient customs is fully preserved by Russian Truth?

a) mutual responsibility.

b) bride kidnapping.

c) polygamy.

d) blood feud.

28. When was Yaroslav’s Truth published?

a) Before 1054 b) In 882 c) In the 10th century d) B 1113

29. Name the supporters of the Norman theory.

a) M.B. Lomonosov, G.F. Derzhavin.

b) Bayer, Schlozer.

c) M.N. Pokrovsky, N.A. Ryzhkov.

d) B.D. Grekov, B.A. Rybakov.

30. Which of the Russian princes abolished the death penalty?

a) Alexander Nevsky.

b) Yaroslav and Yaroslavichs.

c) Vladimir I,

31. Name the second edition of Russian Truth .

a) The truth of Yaroslavich.

b) Abridged Truth.

c) Extensive Truth.

d) Charter of Vladimir Monomakh.

32. What document first defined ecclesiastical jurisdiction?

a) The helmsman's book.

b) Charter of Vladimir Svyatoslavovich.
c) Charter of Yaroslav.

d) Domostroy.

33. Name the oldest monument Russian law, the text of which
does science have?

a) Yaroslav's truth.

b) Russian Law.

c) Charter of Vladimir Monomakh.

d) Oleg’s treaty with the Greeks in 911.

Application

Feudal society is characterized by the division of the population into classes, i.e. into social groups that have rights and obligations defined by law. In Kievan Rus, the process of formation of estates had just begun. The entire population of Kievan Rus can be conditionally divided into three categories: free, semi-dependent and dependent people.

The top free people were prince and him squad . From among them, the prince chose the governor and other officials. At first, the legal status of the squad differed from the zemstvo elite - well-born, noble, of local origin. But in the 11th century these two groups merged into one - boyars . The boyars were a privileged part of society. They were exempt from paying taxes.

The free population also included clergy, which was a separate group of the population and was divided into black and white. Played a leading role in the state black clergy - monastic. The best scientists (Nestor, Hilarion, Nikon), doctors (Agapit), artists (Alympius), who kept chronicles, copied books, and organized various schools, lived and worked in the monasteries. TO white clergy belonged to the clergy: priests, deacons, clerks, palamari.

Middle group cities gave free people. Residents of cities were legally free, even equal in rights with the boyars, but in fact they depended on the feudal elite.

The lowest group of the free population were peasants - stinkers . They owned land and livestock. Smerds made up the overwhelming majority of the population of Kievan Rus, paid established taxes and served military service with personal weapons and horses. Smerd could inherit his property to his sons.

Semi-dependent (semi-free) people. In Kievan Rus there was a fairly large group of semi-free people - procurement That's what they called the smerds who various reasons temporarily lost economic independence, but under certain conditions had the opportunity to regain it again. Such a smerd borrowed a “kupa”, which could include money, grain, livestock, and until he returned this “kupa”, he remained a purchase. The purchase could have his own farm, yard, property, or he could live on the land of the one who gave him the “kupa” and work on this land.

Dependent (involuntary) people were called slaves .

TO outcasts included people who, by virtue various reasons dropped out of the social group to which they previously belonged, but did not join another. All these people came under the protection of the church. The bulk of the outcasts in Kievan Rus came from serfs who received freedom.

6. Russian Truth: origins, lists, editions, pages, general history, knowledge in the development of Russian law.

Occurrences: RP has been in existence for a long time (in the 11th-11th centuries), but some of its articles go back to pagan antiquity. Its text was first discovered by V.N. Tatishchev in 1738. RP is the first set of laws of Rus', which incorporated common law, the law of Byzantine sources, and the legislative activity of Russian princes of the 11th-12th centuries. The RP has reached us in more than a hundred lists of the 14th-16th centuries, which differ greatly from each other in composition, volume, and structure. There is no consensus in the literature about the origin of this legislative monument, nor, in fact, about the interpretation of its content. Scientists have been arguing about this for more than 250 years, since the time when in 1738 V.N. Tatishchev discovered and prepared for publication the first list of Russian Pravda.

Sources of codification –

customary law and princely court. practice. Common law rules include- provisions on blood feud (Article 1) and mutual responsibility (Article 19 KP). The legislator treats these customs differently: he seeks to limit blood feud (by narrowing the circle of avengers) or completely abolish it, replacing it with a monetary fine (vira). Collective responsibility, on the contrary, is preserved by him as policy measure, binding all members of the community responsible for their member who committed a crime (“wild vira” was imposed on the entire community).

Rules developed by princely judicial practice, are numerous in Russian Pravda and are sometimes associated with the names of the princes who received them (Yaroslav, sons of Yaroslav, Vladimir Monomakh).

Certain influence on Russian Truth Byzantine canon law provided.

Editorial: The traditionally preserved numerous versions of Russian Pravda are divided into two main editions, which differ in many respects, and are called "Brief"(6 lists) and "Spacious"(more than 100 lists). Stands out as a separate edition "Abridged"(2 lists), which is a shortened version of the “Long edition”.

1) “The Brief Truth” consists of the following legal texts:

- “The Truth of Yaroslav”, from 1016 or 1036 (art. 1-18);

- “The Truth of the Yaroslavichs” (Izyaslav, Svyatoslav, Vsevolod), from 1072 (v. 18-41);

Pokon virny - determination of the order of feeding virniks (prince's servants, vira collectors), 1020s or 1030s. (v. 42);

Lesson for bridge workers (regulated the wages of bridge workers (pavement builders, or, according to some versions, bridge builders), 1020s or 1030s (Article 43).

++"The Brief Truth" consisted of 43 articles. Its first part, the most ancient, also spoke about the preservation of the custom of blood feud, about the absence of a sufficiently clear differentiation of the size of court fines depending on social status victim. The second part (Article 18 - Article 43) reflected the further process of development feudal relations: blood feud was abolished, the life and property of feudal lords were protected by increased penalties.

2) Spacious- Lists of “PP” are found in lists of church laws, in chronicles, in articles from the Holy Scriptures of a judicial and legislative nature (“Righteous Standards”).

Composition of "PP": 2 parts - the court of Prince Yaroslav the Wise and the Charter of Vl. Monomakh, included in the “Brief Truth” with later changes and additions to the Charter adopted during the reign of Vladimir Monomakh, after the suppression of the uprising in Kyiv in 1113. “PP” was compiled in the 12th century. It was used by ecclesiastical judges when considering secular cases or litigation. She was significantly different from " Brief Truth». Number of articles - 121. This code reflected further social differentiation, the privileges of feudal lords, the dependent position of serfs, purchases, and the lack of rights of serfs.

"PP" testified to the process further development feudal agriculture, paying much attention to the protection of property rights to land and other property. In connection with the development of commodity-money relations and the need for their legal regulation, “Long-Range Pravda” determined the procedure for concluding a number of contracts and transferring property by inheritance.

3) “Abridged Truth” belonged to a much later period. Historians believe that it developed in the 15th century. in the Moscow state after the annexation of the territory "Perm the Great" According to Tikhomirov, it was written there exactly, which was reflected in the monetary account.

General characteristics: RP - a unique monument Old Russian rights.

This is the first written set of laws; the RP quite fully covers a very wide area of relations. It represents a arch of developed feudal law, which reflects the norms of criminal and civil law and procedure.

The RP is an official act. Its text itself contains references to the princes who adopted or changed the law (Yar. the Wise, Yaroslavichs, Vl. Monomakh).

RP is a monument of feudal law. It comprehensively defends the interests of the ruling class and openly proclaims the lack of rights of unfree workers - serfs, servants.

The RP satisfied the needs of the princely courts so well that it was included in legal collections until the 15th century. Lists of PPs were actively distributed back in the 15th - 16th centuries. (only in 1497 was the Code of Law of Ivan III published, replacing the PP as the main source of law).

Influence code can be traced in subsequent legal monuments: the Novgorod Judicial Charter, the Pskov Judicial Charter of 1467, the Moscow Code of Laws of 1497, the Lithuanian Charter of Casimir IV - 1468, the Lithuanian Statute of 1588.

Russian Truth spread widely throughout all the lands of Ancient Rus' as the main source of law and became the basis of legal norms until 1497, when it was replaced by the Code of Laws, published in the Moscow centralized state.

The main branches of law are reflected in Russian Pravda.

Public relations, developed in Rus', a new form of ownership became an objective prerequisite for the emergence of a new set of laws - Russian Pravda. The truth consolidated the existing system of class relations and property relations in the state.

In Russian Pravda there are no regulations defining methods of acquisition, volume and procedure for transferring land ownership rights, with the exception of an estate (yard), but there are punitive regulations on violating the boundaries of land ownership.

The sources do not indicate the existence of the institution of private land ownership. It did not exist in the era of Russian Truth. The land was the collective property of the community. Forests, hayfields and pastures were in common use. Everything related to the timing and methods of dividing arable land between members of the community, the use of forests, hayfields, water and pastures, the distribution of taxes and duties between householders, was decided by peace, i.e. a general meeting of householders under the leadership of the headman - the elected head of the community. This form of collective ownership is also explained by climatic conditions, especially in northern regions. It was impossible for one farm to survive.

Law of obligations. Civil obligations were allowed only between free persons and arose either from a contract or from a tort (offence). Among the contractual obligations mentioned are purchase and sale, loan, hire and luggage. For a legal purchase, it was necessary to purchase the thing for money from its owner, and to complete the contract in the presence of two free witnesses. Loan regulations distinguish between loans with and without interest. In Russian Pravda, zakup is a free person who has received a loan and has undertaken to repay it with his work. It was forbidden for the gentleman to sell the purchase under the threat of releasing the latter from the loan and paying a fine by the gentleman. The deposit agreement was concluded without witnesses, but when a dispute arose during the return of an item given for storage, the custodian cleared himself with an oath.

The obligations arose as a result crimes committed, as well as civil offenses (careless and accidental).

Inheritance, called in Russian Pravda the back and the remainder, was opened at the time of the death of the father of the family and passed to the heirs either by will or by law. The father had the right to divide his estate among his children and allocate part of it to his wife at his own discretion. The mother could transfer her property to any of her sons whom she recognized as the most worthy.

Inheritance by law opened when the testator did not leave a will.

The general legal order of inheritance was determined in Russian Pravda the following rules. After the father, who did not leave a will and did not divide his house during his lifetime, the legitimate children of the deceased inherited, and part of the inheritance went to the church “in memory of the soul of the deceased” and part to the benefit of the surviving wife, if the husband did not assign her a share of his property during his lifetime . Children born from a robe did not inherit their father, but received freedom together with their mother. Smerds' daughters do not inherit, but feudal lords' daughters do.

Marriage was preceded by betrothal, which received religious consecration in a special rite. The betrothal was considered indissoluble. Marriage was concluded through a religious ceremony performed in a church (wedding). The marriage could be dissolved (terminate). Russian law of the pagan era allowed polygamy.

Everyone had to pay church tithes.

The social structure of Wa society in the 9th century was poorly expressed. The process of becoming social groups stretched over the period IX - XII centuries.

Society is divided into the following population groups:

Free (feudal nobility - princes; boyars; clergy: high hierarchs, parish monasticism; townspeople: merchants, artisans; free community members)

Feudally dependent (smerds, purchases).

The Russian Pravda contains a number of norms that determine the legal status of certain groups of the population. Based on its text, it is difficult to distinguish between the legal status of the ruling layer and the rest of the population. There are only two legal criteria: rules on increased (2nd) criminal liability for the murder of a representative of a privileged layer and rules on a special procedure for inheriting real estate (land) for representatives of this layer. These legal privileges extended to princes, boyars, princely husbands, princely tiuns and ognishchans (not all of them were feudal lords).

The structure of the feudal ruling class of the ancient Russian state:

1. Princes - former princes unions of tribes or individual tribes (soon this title belonged only to the Rurikovichs). The income of the princes is polyudye. During this period, the grand ducal domain arose. R.P. mentions the prince’s people who live under the prince:

a) firemen (managers)

c) grooms

d) stinkers

d) slaves

All of them belonged to the prince's court

2. Boyars are descendants of great princes. Their ancestors are the elders of the tribe. Wealth is associated with land. They ruled cities, volosts, and were part of the prince's squad (princely men). Until the 11th century they lived at court. In the XI-XII centuries - the settlement of the squad on the ground (the prince granted land). The squad was divided into senior and junior. The fine for the murder of a princely husband is 80 hryvnia. In XI, the firemen also receive land and rank.

Boyar land ownership arises as a result of the seizure of lands and grants from the prince.

3. Clergy - in 988

a) higher (black, monasticism) - lived in monasteries.

b) parish spirit

Since the 11th century, monasteries have turned into large households. land. Introduction when making deposits.

4. Urban (townsman) population: - 40 hryvnia for killing mountains. citizens. The merchants were divided into guests (foreign or out-of-town) and locals. There were also artisans and day laborers.

5. Smerda community members are legally and economically independent, fulfilled duties and paid taxes only in favor of the state. They had certain property and could bequeath it to their children (land - only to their sons). In the absence of heirs, his property passed to the community. The law protected the person and property of the smerda. For committed acts and crimes, as well as for obligations and contracts, he bore personal and property liability. He acted as a full participant in the trial. There were, in addition, non-free smerds.

Community names:

1. Economic - all community members held the land with the right of ownership and use.

2. Administrative and legal organization.

3. Police-judicial organization.

If a murder was committed on community territory, the community itself investigated it. The culprit and his family went on a rampage and plundered (conf. property). The outcasts turned to the princes, and by their decision they were transferred to monasteries.

6. Procurement - in Brief ed. R.P. not mentioned, in P.P. - a person who works in the household of a feudal lord for a “kupa”, i.e. loan. This debt had to be worked off, and there were no established equivalents or standards. The scope of work is determined by the lender. For the first time, the relationship between the procurement and the creditor was regulated in the Charter of Vladimir Monomakh after the uprising of the procurement in 1113. The law protected the person and property of the procurement. The purchaser was responsible for the safety of the tools and accompanied the gentleman on campaigns. The purchase is not subject to punishment if it goes to work in the city. The purchase could file a complaint against his master in court and, in rare cases, act as a witness. If the purchaser ran away or committed theft, he turned into a slave.

In R.P. “role” (arable, rural) procurement, working on someone else’s land, in its own way legal status did not differ from the purchase of “non-role” ones. They received payment for their work in advance.

7. Serfs (“robes”) are the most powerless subjects of law. The source of slavery is birth from a slave, self-sale into bondage, marriage to a slave without concluding an agreement with the master, becoming a housekeeper without an agreement with the master, committing a crime (“flow and robbery”), fleeing the purchase from the master, malicious bankruptcy. The most common source of servitude is captivity (it is not mentioned in the R.P.).

Everything that a slave owned was the property of the master. All consequences arising from contracts and obligations that the slave entered into with the knowledge of the master also fell on the master. The personality of a slave was not protected by law (for his murder there was a fine; slave=property). The slave who committed the crime had to be handed over to the victim. The master bore the penalty for the slave. In court, a slave could not be a plaintiff, defendant or witness. Referring to the testimony of a slave in court, a free person had to make a reservation that he was referring to the “words of a slave.”

There was no equality within the serfs (privileged and unprivileged serfs).