* The above account of the origin of serfage in Russia is founded on a careful examination of the evidence which we possess on the subject, but I must not conceal the fact that some of the statements are founded on inference rather than on direct, unequivocal documentary evidence. The whole question is one of great difficulty, and will in all probability not be satisfactorily solved until a large number of the old local Land-Registers (Pistsoviya Knigi) have been published and carefully studied.
The indirect consequences of thus attaching the peasants to the soil did not at once become apparent. The serf retained all the civil rights he had hitherto enjoyed, except that of changing his domicile. He could still appear before the courts of law as a free man, freely engage in trade or industry, enter into all manner of contracts, and rent land for cultivation.
But as time wore on, the change in the legal relation between the two classes became apparent in real life. In attaching the peasantry to the soil, the Government had been so thoroughly engrossed with the direct financial aim that it entirely overlooked, or wilfully shut its eyes to, the ulterior consequences which must necessarily flow from the policy it adopted. It was evident that as soon as the relation between proprietor and peasant was removed from the region of voluntary contract by being rendered indissoluble, the weaker of the two parties legally tied together must fall completely under the power of the stronger, unless energetically protected by the law and the Administration. To this inevitable consequence the Government paid no attention. So far from endeavouring to protect the peasantry from the oppression of the proprietors, it did not even determine by law the mutual obligations which ought to exist between the two classes. Taking advantage of this omission, the proprietors soon began to impose whatever obligations they thought fit; and as they had no legal means of enforcing fulfilment, they gradually introduced a patriarchal jurisdiction similar to that which they exercised over their slaves, with fines and corporal punishment as means of coercion. From this they ere long proceeded a step further, and began to sell their peasants without the land on which they were settled. At first this was merely a flagrant abuse unsanctioned by law, for the peasant had never been declared the private property of the landed proprietor; but the Government tacitly sanctioned the practice, and even exacted dues on such sales, as on the sale of slaves. Finally the right to sell peasants without land was formally recognised by various Imperial ukazes.*
* For instance, the
ukazes of October 13th, 1675, and June
25th, 1682. See
Belaef, pp. 203-209.
The old Communal organisation still existed on the estates of the proprietors, and had never been legally deprived of its authority, but it was now powerless to protect the members. The proprietor could easily overcome any active resistance by selling or converting into domestic servants the peasants who dared to oppose his will.