CHAPTER 16. - Service Lands. In It Are 69 Articles.
1. [The following size] service landholdings shall be in
Moscow province: For boyars, 260 acres per man.
For okol'nichie and for counselor state secretaries, 195
acres per man.
For stol'niki, and for striapchie, and for Moscow dvoriane, and
for state secretaries, and for commanders of Moscow musketeers, and for senior
stewards of the Palace Chancellery, and for stewards responsible for managing
various parts of the palace economy, 130 acres per man.
For
provincial dvoriane who are serving by selection in Moscow,
91 acres per man.
For zhil'tsy, and for mounted grooms, and for centurions of the Moscow
musketeers, 65 acres per man.
For
palace court officials, and for striapchie, and for provisioners, and for officials
working for the tsaritsa, and for deti boiarskie, 13 acres per each 130 acres of their
service land compensation entitlements.
2.
Concerning service landholders of all ranks who desire to exchange their
service landholdings among themselves:
they shall petition the sovereign about registering those exchanged
service landholdings of theirs. They shall submit signed petitions on that
matter to the Service Land Chancellery.
3. Moscow
people of all ranks shall exchange service landholdings with [other] Moscow
people of all ranks, and with provincial dvoriane and deti
boiarskie, [and] with
foreigners, acre for acre, and inhabited land for inhabited land, and waste
land for waste land, and [also] uninhabited land for waste land. In response to
their joint petition and the signed petitions, record those service
landholdings of theirs [which] they exchanged among themselves.
Where
someone in an exchange received a few extra acres above an equal exchange: in
response to their joint petition about that transaction, record those few
[extra] acres for them.
4. If
some service landholders and hereditary estate owners proceed to exchange their
own service lands or estate lands for monastery estate lands [in transactions
with] archimandrites, and hegumens, and stewards, and monks of any monasteries;
and those service landholders, and hereditary estate owners, and
archimandrites, and hegumens, and stewards, and monks proceed to petition the
sovereign for a registration of those exchanged lands: in response to their
joint petition and their signed petitions, register such lands for them
accordingly.
5.
Concerning service landholders and hereditary estate owners of all ranks who
proceed to exchange among themselves hereditary estate lands for service lands,
or service lands for hereditary estate lands; and proceed to petition that, in
response to their petition, those lands of theirs be registered, service land
as an hereditary estate, or hereditary estate as a service landholding: on the
basis of that joint petition of theirs, register such lands for them, as is
written above this on that matter.
6. If
someone exchanges a service landholding with someone; or someone exchanges his
hereditary estate land for service land, and they proceed to possess those
exchanged lands of theirs on the basis of notes [recording the transaction],
but without having registered [the transaction] in the Service Land
Chancellery; and one of them dies, but the other survives and proceeds to
petition for registration of those exchanged lands: reject [such claims] for
such exchanged lands. Do not register those exchanged lands for them after the
death of one of the parties.
7. If
someone proceeds to petition the sovereign about the registration of his
exchanged service landholding, or hereditary estate [populated] with peasants; and he exchanges waste service
land or waste hereditary estate land for that populated service landholding or
hereditary estate of his; and he writes about the peasants of his populated
service landholding or hereditary estate that he is going to move the peasants
from his own service landholding to other service land of his: register such
service landholdings and hereditary estates on the basis of the signed
petitions.
8. If
someone proceeds to petition the sovereign about service landholdings, which
service landholdings were given out as maintenance allotments to aged dvoriane and deti boiarskie who were discharged from service, and to
old widows, and [the petitioners ask] that the sovereign bestow favor upon
them, order those middle service class and widow maintenance service
landholdings be granted them for support: reject such people who proceed to
petition that they be granted a service landholding for support that is in
someone's possession. Do not grant them the service landholdings for support.
9. If
anyone surrenders a service landholding because of superannuation -- an uncle
to a nephew, or a brother to a brother; and in the document recording the
surrender of the land and in the petition about registration he writes that the
nephew is to feed the uncle, or the brother his brother, until his death; and
subsequently the uncle proceeds to petition against the nephew, or the brother
against the brother, [alleging] that he is not feeding him, is driving him off
the service landholding, and is ordering the peasants not to obey him: take
away such surrendered service landholdings from such nephews and brothers and
return them to those to whom they belonged previously. Whatever documents they
gave on themselves [surrendering the service landholdings] are void.
10. If
widows or unmarried young women proceed to surrender their maintenance service
landholdings to anyone so that those people to whom they surrender those
service landholdings of theirs will feed them and find them a husband: they
shall get signed registration documents from those people to whom they
surrender those service landholdings of theirs [promising] that such people
will feed them and marry them off.
If a
widow or unmarried young woman, having surrendered her service landholding, proceed
[sic] to petition the sovereign that those people to whom they surrendered
those service landholdings of theirs are not feeding them, and are not marrying
them off, and are driving them out from those maintenance service landholdings
of theirs: compile a decree on the matter of that petition of theirs. Having
taken [back] their widows' and unmarried young women's maintenance service
landholdings, return them to those widows and unmarried young women for [their]
maintenance as previously.
Whatever documents they gave are void.
11.
Unmarried young women [may] surrender their own maintenance service
landholdings when the unmarried young woman is of age, 15 years old.
If
someone proceeds to petition the sovereign about an unmarried young woman's
maintenance service landholding and says that an unmarried young woman
surrendered her maintenance service landholding to him, but if the unmarried
young woman at that time is a minor, less than 15 years of age: do not believe
such petitioners, and do not register the unmarried young women's maintenance
service landholdings as theirs.
12.
Concerning people of all ranks who possess service landholdings on the basis of
documents recording the surrender of land, but they have not petitioned the
sovereign about those service landholdings, and those service landholdings have
not been registered for them in the Service Land Chancellery: take away those service landholdings
from them and give them away in a distribution to petitioners because they are
possessing those service landholdings on the basis of the documents recording
the surrender of land without a decree from the sovereign.
13. Grant
escheated service landholdings of people of all Moscow ranks, and provincial dvoriane and deti boiarskie, and foreigners to their wives and
children for their maintenance according to statute.
Concerning
that which is left over after the grants for maintenance to wives and children:
grant those service landholdings to members of the [deceased's] clan who have
no service landholdings, or small ones.
If in the
clan there are no members without service landholdings, or with small ones:
grant those service landholdings [that had been in the possession of people] of
Moscow ranks to other clans, to similar Moscow people, and to provincial dvoriane and deti boiarskie; and [grant the service landholdings
that had been in the possession of] provincial dvoriane and deti boiarskie to similar provincial dvoriane and deti boiarskie, and to Moscow people of any rank whom
the sovereign favors.
14. Grant
foreigners' [service landholdings] to foreigners with small or no service
landholdings. Do not grant foreigners' service landholdings to anyone besides
foreigners. Do not grant Russians' service landholdings to foreigners.
15. If
someone transgresses, marries a fourth wife, and begets children by her: after
his [death] , do not grant his service landholding and hereditary estates to
that fourth wife of his and to the children whom he begat by that fourth wife.
16. If
women remain childless after [the death] of people of Moscow ranks, and
provincial dvoriane and deti boiarskie, and foreigners; and there are no service
landholdings and purchased hereditary estates remaining after [the death of]
their husbands, and there is nothing from which to give them a maintenance
allotment, but their husbands' estates granted for service and clan estates do
remain: after review, grant the wives of such deceased [servicemen] a
maintenance allotment from their husbands' estates granted for service for the
duration of their lives.
Those
widows shall not sell, and shall not mortgage, and shall not give away [to
religious establishments for prayers] for their soul, and shall not register
for themselves as a dowry those estates granted for service.
If [a
widow with a maintenance allotment] marries, or becomes a nun, or dies: grant
those estates to the hereditary estate owners in the [husband's] clan who are
most closely related [to him].
17. If a
widow gets betrothed with her own and a daughter's service landholdings: give
the groom only the widow's portion, if he takes her; or the unmarried young
woman's [portion shall be given to him] who takes the unmarried young woman.
If an
unmarried young woman remains [after her widowed mother remarries] : the
unmarried young woman shall possess that service landholding until she succeeds
in marrying. Then she also will wed with her own allotment.
18. If a
widow [who is the former] wife 'of a foreigner is betrothed with her own
maintenance service landholding to a dvorianin or a syn boiarskii, who has no service landholding, or who
has a service landholding: register those maintenance service landholdings for
those people to whom they are betrothed accordingly.
19. If a
widow of a dvorianin or a [widowed] wife of a syn
boiarskii with a maintenance service landholding
makes an agreement to marry a baptized foreigner: that widow is free to marry
the baptized foreigner with her own maintenance service landholding accordingly.
20.
Concerning the person to whom the widow or unmarried young woman with her own
maintenance service landholding is engaged: before his wedding that person
shall petition the sovereign for a document registering that maintenance
service landholding. If someone fails to register such a maintenance service
landholding for himself before his wedding, and he proceeds to petition the
sovereign about that maintenance service landholding after his wedding: do not
register that maintenance service landholding for him. Distribute it, after
review, to [members of] the clan who have no service landholdings, or only
small ones. If there are no [servicemen] in that clan without service
landholdings, or with only small ones: grant such service landholdings to petitioners
in other clans who proceed to petition the sovereign about that service
landholding.
21. If
widows with their own maintenance service landholdings marry dvoriane and deti boiarskie, and their husbands, having registered
those maintenance service landholdings of theirs, proceed to conceal their
possession of old service landholdings which belonged to their fathers; and,
having taken those maintenance service landholdings, they die; and those
maintenance service landholdings are granted as previously to those wives of
theirs, who married them with those service landholdings; and there are
petitioners against those wives of theirs about those maintenance service
landholdings because of their husbands' old concealed service landholdings:
reject those petitioners. Do not take away from widows those maintenance
service landholdings because of the concealment of the old service landholdings
of their husbands.
22.
Concerning dvoriane and deti boiarskie who died in the sovereign's service at
Smolensk, and were survived by mothers and wives with children, with minor
sons; and the service landholding grants in the possession of those dvoriane and deti boiarskie were small, 52, and 65, and 78, and 81,
and 94, and 130 acres apiece; and after their death maintenance allotments from
those service landholdings of theirs were granted to-their wives, but not to
their children; and at that time their children were minors, 3 and 4 years old;
and those widows with those maintenance service landholdings of their own married,
and their husbands, besides those maintenance service landholdings of theirs,
had other service landholdings; and their minor children did not petition
against them about the fact that their mothers married someone with those
service landholdings because they were small at that time; but if now those
children of theirs proceed to petition the sovereign about those service
landholdings, that those service landholdings of their fathers be granted to
them: having taken those service landholdings of their fathers away from those
people whom their mothers married, grant [the service landholdings] to them,
even if those people whom their mothers married have no service landholdings
[of their own].
23.
If after the death of any service landholders their service landholdings are
granted to their wives with children, or with step-children, or with [other]
kinsmen; and the children, or step-children, or [other] kinsmen are small at
that time; and there is no one to intercede and petition the sovereign on their
behalf; and in the division of those service landholdings they are wronged; and
when they come of age, they proceed to petition the sovereign about that wrong:
arrange an eye-to-eye confrontation of those [petitioners] with those people
against whom they proceed to petition. Having conducted an investigation [that
may have resorted to torture], grant them a repartition of the service
landholding.
24.
Concerning dvoriane and deti boiarskie who are in possession of [their]
fathers' old service landholdings in districts that have been destroyed; and
they proceed to petition the sovereign [for the granting] of a new service landholding:
they shall reveal, and not conceal, those old service landholdings of [their]
fathers which are in the destroyed districts. Concerning him who does not
conceal the old service landholding: having conducted an investigation, grant
him a new service landholding, if his old service landholding is genuinely
depopulated and he has no [means] to support himself in service.
25.
If someone is granted a new service landholding, and he conceals a prior grant,
[his] father's or his own service landholding; and there are petitioners
against him for that; and it is established about that conclusively that he
concealed [his] father's service landholding or his own prior grant: take from
him as many acres as there are in that paternal or his own concealed service
landholding, from another service landholding of his about which the petitioner
proceeds to petition the sovereign, and grant it to the petitioner.
26.
If someone falsely proceeds to petition the sovereign against someone about the
concealment of a service landholding, and it is established about that
conclusively that that petitioner petitioned the sovereign falsely out of a
desire to take a service landholding away from someone by his deliberately
false petition: those people against whom they proceed to petition falsely
shall exact from such petitioners for their false petition [their] maintenance
expenses and compensation for the delay in the amount of .20 ruble per day from
that date when they file that false petition of theirs through that date when
the case is resolved, so that everyone will learn not to petition falsely
against anyone.
27.
Concerning dvoriane and deti boiarskie who themselves proceed to petition for
themselves for registration documents on their own unregistered old service
landholdings in order to register those service landholdings of theirs in their
name; and there have been no petitioners against them about those unregistered
service landholdings of theirs before their petition, even by only one day:
register those old unregistered and concealed service landholdings of theirs in
the possession of those people as [their] service landholding, as it was
previously, together with their old service landholdings, and as part of their
compensation entitlements. Do not accuse them of concealing land for that.
28.
If petitioners proceed to petition against someone about such unregistered and
concealed service landholdings before the petition [of those currently holding
such lands], even by only one day: take such unregistered and concealed service
landholdings from those people and grant them to the petitioners according to
the previous statute.
29.
If dvoriane and deti boiarskie were in foreign captivity for ten, and
for fifteen, and for twenty, and for twenty-five years and more; and their
fathers' service landholdings, or their own individual service landholdings
were redistributed [to other servicemen] in their absence, when they were in
captivity; and they proceed to petition the sovereign that he return those
personal service landholdings of their own and of their fathers to them: after
review, return [their] fathers' and their own service landholdings which were
redistributed [to others] to those [former] captives.
30.
If enemy troops kill any dvorianin, or syn boiarskii, or foreigner in the sovereign's service
in the regiments: grant their wives a maintenance allotment from their service
landholdings of 26 acres of land per 130 acres of their [land] compensation
entitlement. Grant their daughters 13 acres per 130 acres.
31.
If a dvorianin, or a syn boiarskii, or a foreigner dies in the sovereign's
service in the regiments: grant their wives a maintenance allotment from their
service landholdings of 19.5 acres per 130 acres of their [land] compensation
entitlement. Grant their daughters 9.75 acres per 130 acres.
32.
If a dvorianin, or a syn boiarskii, or a foreigner dies at home, and not in
the sovereign's service: grant their wives a maintenance allotment from their
service landholdings of 13 acres per 130 acres of their [land] compensation
entitlement. Grant their daughters 6.5 acres per 130 acres.
33.
If after the death [of servicemen] their service landholdings are granted to
their children who have not yet been initiated into a service rank; and those
children of theirs die without ever receiving that service rank, and their
wives and daughters survive them; and those wives and daughters of theirs
proceed to petition the sovereign for a maintenance allotment for themselves
from their service landholdings; and the compensation entitlements of the
fathers of those deceased cannot be located, and their fathers were killed or
died in the sovereign's service: grant the wives and daughters of those
deceased who had never been initiated into a service rank a maintenance
allotment from those service landholdings of theirs equal to the compensation
entitlement of a novitiate of the top and middle grades. Concerning those whose
fathers died at home: grant them [maintenance allotments] equal to the
compensation entitlement [of a novitiate] of the middle and lower grades.
34.
Concerning dvoriane and deti boiarskie who have two or three sons, and those dvoriane and deti boiarskie have registered their own service
landholdings for their younger children, and they have registered their older
children for an allotment [of new service land]; and those of their children
whom they registered for allotment [of new service land] proceed to petition
the sovereign against their younger brothers [and request] that the sovereign
bestow favor upon them, order that that service landholding of their father's
be given to all of them, that the inhabited land and the waste land be divided
by acres because the service landholdings in their possession are small new
grants: in response to that petition of his [sic] , divide up for such
petitioners their father's service landholding, plus their new grant, equally
among all the brothers [after] having measured out the inhabited and the waste
land in portions by acres so that none of them will be wronged by another. If
someone has been given a large grant in acres as a service landholding, do not
grant him [his] father's service landholding. Grant the father's service
landholding to the younger brothers.
35.
If prior to the Moscow fire and after the Moscow fire [of 1626] , in the towns
in the basin of the Desna and Seim Rivers in the Novgorod Severskii region, in
Ryl'sk, in Putivl', [and] in Belgorod, detiboiarskie of those towns were granted waste,
deserted wild beehive tree lands as a service landholding to satisfy the
compensation entitlement for arable acreage; and others were granted
rent-yielding lands as a service landholding and as a source for a cash salary
payment; and if in the future the deti boiarskie of those towns proceed to petition the
sovereign about [granting] such wild beehive tree lands and rent-yielding lands
as service landholdings: having investigated rigorously by grand methods of
inquiry, grant such deserted wild beehive tree lands as service landholdings,
if those wild beehive tree lands are genuinely deserted and there will be no
dispute about them with anyone. But do not grant rent-yielding lands and wild
beehive tree lands as arable acreage in a service landholding to anyone.
36.
If a service landholder finds unclaimed lakes or unused fish weirs in rivers
somewhere, and they are not [currently allotted] as service landholdings or
hereditary estates, and are not paying taxes directly to the state; and he
proceeds to petition the sovereign about those waters [and asks that they be
assigned to him] as a service landholding instead of arable acreage: after
review, allot such waters to any service landholders as a service landholding
in lieu of arable acreage.
37.
Concerning dvoriane, and deti boiarskie, and service landholders of all ranks who
proceed to petition the sovereign about escheated service lands; and they write
in their petitions that no wives, and children, and [other members of the] clan
have survived the deceased: order those petitioners to affix their signatures
to those petitions of theirs. If such escheated service lands are granted to
someone; and subsequently the wives, and children, or clan [members] of those
deceased proceed to petition the sovereign against those petitioners,
[alleging] that those petitioners concealed them in their petition out of a
deliberate desire to seize their service landholdings; and it is established about
that conclusively that the first petitioners concealed them: having taken away
those escheated service landholdings from those first petitioners, return
[them] to the wives, and children, and relatives of the deceased, to Whom it
becomes necessary, by decree. Concerning losses the first petitioners inflicted
on their peasants prior to that return [of the land]: collect those losses from
those petitioners two-fold and give them to those wives, and children, or
relatives of the deceased, to whomever those service landholdings are given.
38.
If by the sovereign's decree a service landholding is taken away from someone
and given out in a distribution; and rye is sown on those service landholdings
on the old service landholders' peasant tillage: grant the new service
landholder [as much) seed from that rye for the cultivated arable of the
peasant tillage as was sown for the old service landholder, but return [any]
additional harvest [in excess of the seed requirement] to the old service
landholders. Those same peasants who sowed that grain shall harvest that grain.
Concerning the grain which was sown for the old service landholders by slaves
or hirelings: the old service landholders shall harvest that grain themselves.
Do not force the peasants to harvest that grain of the slaves' and hirelings'
tillage.
39.
Concerning the waste lands and deserted lands of Moscow province and in the
provincial towns which are rented out by the Great Revenue Chancellery and the
regional taxation and administration chancelleries: do not sell those
rent-yielding lands as hereditary estates and do not give them out as arable to
boyars, and okol'nichie, and counselors, and stol'niki, and strapchie, and Moscow dvoriane, and service and chancellery officials of
all ranks. Distribute those rent-yielding waste lands as service landholdings
to petitioners who have no service landholdings or small ones [to supplement]
their earlier service landholdings [prescribed in their] compensation
entitlements. If any such rent-yielding lands are granted to anyone in a
distribution of service lands, remove such rent-yielding lands from the rent
rolls.
40.
Concerning deti boiarskie of the southern frontier towns who
petition the sovereign for a service landholding in the deserted lands, in the
wild steppe: grant them [a service landholding] from the deserted lands of the
wild steppe. To those whose compensation entitlements are 520 acres per person,
[grant] them 91 acres per person; and to those [whose compensation entitlements]
are 390 acres, [grant] them 78 acres; and to those [whose compensation
entitlements] are 325 acres, [grant] them 65 acres; and to those [whose
compensation entitlements] are 260 or 195 acres, [grant] them 52 acres; and to
those [whose compensation entitlements] are 130 acres, [grant] them 39 acres;
and to those [whose compensation entitlements] are 91 acres, [grant] them 32.5 acres. Grant such lands to
the petitioners within these limits.
41.
Concerning lands which from of old were the service lands of Russians, and for
many years lay waste; and in past years Tatars and Mordovians settled on those
deserted lands according to grants in charters issued by the sovereign, and
others [possess them] on the basis of charters issued by the boyars, charters
which were granted at the time when there was no sovereign, when the boyars
were camped near Moscow, and others [possess them] without any [formal] grants
at all and they have been living on those lands for many years, and they are
rendering the sovereign's service from those lands: do not take away those
lands from them. But in the future do not grant the service lands of Russians
to Tatars, or Tatar lands to Russians as service landholdings.
42.
If Tatars and Mordovians have possession of Russians' service lands, and they
are paying rent from them; and in the future there are Russian petitioners
about those lands: take those lands from the Tatars and the Mordovians and give
them as service landholdings to Russians.
43.
Boyars, and okol'nichie, and counselors, and stol'niki, and striapchie, and Moscow dvoriane, and
provincial dvoriane and deti boiarskie, and Russians of all ranks shall not buy
or exchange service [lands] or any [other] lands, and shall not take [land] on
mortgage, and [as] grants, and on hire for many years [in any transactions] in
the provincial towns with princes, and with mirzas, and with Tatars, and with
Mordovians, and with Chuvashes, and with Cheremises, and with Votiaks, and with
Bashkirs. If any Moscow people, and provincial dvoriane or deti boiarskie, and people of any ranks proceed in the
provincial towns to take lands as a grant, or to buy [land], or to take land on
a mortgage or for hire for many years, or to exchange land [in transactions]
with princes, and with mirzas, and with Tatars, and with Mordovians, and with
those various people who pay tribute: confiscate those Tatar service
landholdings and lands from which they pay tribute from those people of all
ranks for the sovereign. Moreover, they shall be in disgrace with the sovereign
for that.
44.
Concerning princes, and mirzas, and Tatars, and Mordovians, and Chuvashes, and
Cheremises, and Votiaks who have converted to the Orthodox Christian faith: do
not take such service lands away from those converts and do not give them to
the Tatars.
45.
Mirzas and Tatars shall not lay waste their own service landholdings. They
shall not flee from those service landholdings of theirs into other towns, nor
anywhere into the villages and hamlets. They shall not abandon [military] service.
[They] shall live on their own service landholdings and hereditary estates.
They, the mirzas and the Tatars, shall possess their own service landholdings
where they were inducted into the service landholdings by the grants. If any
mirzas and Tatars, not desiring to serve the sovereign, and, by their own
felonious conduct, not caring about themselves, proceed to give away, or
exchange, and sell, and mortgage, and rent their own service landholdings to
Moscow and provincial dvoriane, and deti boiarskie, and people of all ranks; and to lay
waste their service landholdings, to rob the peasants, and to inflict
oppressions and illegal actions on them; and the peasants flee from those
service landholdings of theirs because of their oppression; and, having laid
waste or feloniously violated those service landholdings of theirs, they
proceed to flee into other towns [military districts] and into Tatar and
Cheremis hamlets and proceed to flee from and abandon service, and subsequently
that is established: inflict on those mirzas and Tatars a punishment for that
that the sovereign decrees. In the same cases, inflict a severe punishment
accordingly on those people with whom the mirzas proceed to live as fugitives.
Rigorously order them henceforth not to harbor fugitive mirzas and Tatars on
their properties for any reason.
46.
Concerning the sovereign's court villages and rural taxpaying districts which
have been distributed to boyars, and okol'nichie, and counselors, and stol'niki, and striapchie, and Moscow dvoriane, and zhil'tsy, and provincial dvoriane, and deti boiarskie, and foreigners, and various servicemen
as service landholdings and hereditary estates; and the land in those grants of
theirs is average or poor; and in the future additional land is discovered in
those grants of theirs by assessment of the cadastral officials: supplement
those grants of theirs out of the additionally discovered] lands. If some
people do not have additional land in [their] grants: those lands shall remain
in the possession of those people as [recorded in] their grants because there
is no land to supplement it with, but do not diminish the land in the grants.
The sazhen' used to measure land, or anything else,
shall consist of three arshins. Do not make the sazhen '
more or less than three arshins.
47.
Concerning people who have been given service landholdings from the sovereign's
court villages and the rural taxpaying districts and an hereditary estate from
a service landholding for service and for sitting out the [1611] siege of
Moscow: do not supplement those hereditary estate lands of theirs.
48.
Concerning hereditary estate lands which have been distributed as service
lands, and those hereditary estate lands were not supplemented [when] in the
possession of the old estate owners: henceforth those service lands which have
been granted as service landholdings from hereditary estate lands shall be
supplemented with additional lands because they have become service lands. If
any people henceforth do not have additional land in [their] grants: those
people shall possess their service lands according to their grants, whatever
was given to someone, without supplementation, because there is nothing to
supplement it with. Do not take away land from the grants. Grant supplements
for average land [at the rate of] 32.5 acres per 130 acres of average land.
Where the-land is poor: for poor land, supplement it with poor land at the rate
of 65 acres per 130 acres. Calculate average and poor land in terms of good
land.
49.
In the past years through March 7, 1636, Peremyshi' service landholders
[resettled] in Beloozero exchanged their service lands with boyars, and okol'nichie, and dvoriane, and deti boiarskie', and escheated service landholdings of
the same Beloozero deti boiarskie were granted to dvoriane and deti boiarskie: those exchanged and escheated service
landholdings and hereditary estates shall remain in the possession of those
people to whom those service landholdings and hereditary estates were granted
in the past years through 1636. Henceforth Beloozero [service] men shall not
exchange service landholdings with [non-Beloozero] boyars, and okol'nichie, and with dvonane, and
with deti boiarskie, [with] people of any ranks. Do not grant
their escheated service landholdings and hereditary estates to anyone who is
not from Beloozero because after March 1, 1636, Beloozero [service] men were
ordered not to exchange their service landholdings and hereditary estates [with
anyone not from Beloozero] and it was ordered that their lands should not be
granted in a distribution to anyone.
50.
And similarly cossacks shall not sell or give away their own cossack hereditary
estate lands to anyone.
51.
If in past years in the presence of the cadastral officials people registered
their service lands as their own hereditary estates in the cadastral books by
their own testimony; but they did not deposit hereditary estate documents on
those lands with the cadastral officials, and up to the time of this present
Law Code have not registered [any such documents]; and they have not obtained
[any such] hereditary estate documents; [and] they are possessing those service
landholdings of theirs as an hereditary estate on their own volition, without the
sovereign's decree; and someone demands such lands in their possession:
distribute those lands to the petitioners because [of the rule]: Do not call a
service landholding an hereditary estate. But if it is established about those
lands conclusively that those lands in their possession are their genuine
hereditary estate lands, and not service lands: order them to possess those
lands as an hereditary estate, even though they have no hereditary estate
documents for those lands and the lands are registered in the cadastral books
as theirs [only] on the basis of their testimony.
52.
[If] cadastral officials have given extracts from their books to any people,
but those extracts do not correspond to the books: do not believe those
extracts. Take those extracts from the service landholders and hereditary
estate owners to the Service Land Chancellery. In place of those extracts, give
them other extracts from the cadastral books and order those extracts written
[exactly] like the cadastral books in all articles, word for word.
53.
If any people, children after the death of their fathers, or other relatives
and [people] of other clans, proceed to petition the sovereign about escheated
service landholdings; and those escheated service landholdings are registered [for
them] as service landholdings; but those people for a long time do not get the
sovereign's charters in accord with the written registration on those service
landholdings of theirs; and they proceed to possess those service landholdings
without the sovereign's charters, on the basis of the registrations; and
petitioners proceed to petition the sovereign against them about that [and
allege] that they are possessing those paternal or clan service landholdings
without the sovereign's charters, and would [the sovereign] confiscate those
service landholdings from them for that and give them to the petitioners: do
not confiscate such service landholdings from those people against whom such a
petition is filed. Order them to obtain the sovereign's charters on those
service landholdings of theirs. Because they did not obtain charters on those
service landholdings of theirs for a long time, exact from them the seal fees
two-fold for those charters.
54.
Concerning petitioners who proceed to petition the sovereign that their
relatives or third persons had registered their fathers' service landholdings
for them, and they at that time were small; and during their childhood they
lived with those relatives of theirs who registered those service landholdings
of their fathers for them; and after the registration, those same people who
had petitioned for them took those service landholdings of their fathers for
themselves in exchange for their own poor service landholdings, without their knowledge;
and after [their] father's death] they do not know about the registration for
them of their service landholdings and they have not exchanged those service
landholdings of their fathers with anyone: arrange visual confrontations for
those petitioners concerning those exchanged service landholdings with those
people against whom they proceed to petition the sovereign. After the visual
confrontation, rigorously conduct an investigation about those service
landholdings using all methods of inquiry. If it is established about that
conclusively that those petitioners did not exchange the service landholdings
of their fathers with anyone; and those people against whom they proceed to
petition about those service landholdings of theirs took those service landholdings
of their [the petitioners'] fathers for themselves by exchange at those times
when they were children, and not yet of mature years: having taken such service
landholdings from those people who took them by exchange, return them to those
petitioners to whom those exchanged service landholdings had been given. Order
them [the defendants] to take possession of their own service landholdings,
which they are registering as their own service landholdings in exchange with
those petitioners. Grant visual confrontations on such exchanged service
landholdings to such petitioners when they are of age, 15 years old. If someone
proceeds to petition the sovereign about such exchanged service landholdings
prior to age 15: grant them visual confrontations on such service landholdings
prior to the age of 15. If a petitioner is 20 years old, and there has been no
petition about such an exchanged service landholding from him during those
years [between 15 and 20]: reject them [sic] after the 20th year [in their claims]
for those exchanged service landholdings, and do not grant visual
confrontations. Concerning people who proceed to bring petitions for the
registration of their exchanged service landholdings signed by their spiritual
fathers, or signed by their relatives, or signed by anyone else to the Service
Land Chancellery: do not register service landholdings in someone's absence in
response to such petitions. Interrogate those people: who is exchanging those
service landholdings, who has signed the exchange documents in their place? Do
not register exchanged service landholdings for anyone in the absence [of any
of the parties] and without having interrogated those people who are exchanging
their own service landholdings and those people whose signatures are on the
exchange petitions, so that in the future there will be no dispute on anyone's
part about exchanged service landholdings.
55.
Concerning escheated and clan service landholdings and [service landholdings]
of other clans which are granted by the sovereign's decree to petitioners of
various ranks [in partition] with the widows and unmarried young women [who
have survived the previous possessors of the service landholdings]; and it is
decreed in the partition documents that the widows and unmarried young women be
allotted the home estate and the arable adjacent to the home estate, and
ordered that the remainder of those service landholdings be allotted to
relatives or to [members of] another clan, the cultivated and the waste land in
shares according to acreage; and the widows and the unmarried young women
proceed to petition the sovereign that the allotments were made contrary to
their petition, in various places, and not in one place where it is convenient
for them; and those to whom the [service landholding] was granted with them
proceed to petition the sovereign [in return] against them, the widows and
unmarried young women, that the best places were allotted to them, the widows
and unmarried young women; or [allege] that they, the petitioners, among themselves
have wronged one another in the partition, and proceed to petition the
sovereign for a repartition document: give them a repartition document
according to the sovereign's decree, if they proceed to petition for a
repartition document within a year after the service land grant. Do not grant
such repartition documents beyond a year after the service land grant. If any
petitioners, in response to a repartition document, are not able to arrange a
just repartition among themselves, and they proceed to petition the sovereign
for a second and third repartition document: grant them a second and a third
repartition document. Do not grant anyone more than three repartition documents
so that no one will suffer excessive maintenance expenses, and losses stemming
from the delay, and financial losses in that matter.
56.
If people marry widows or unmarried young women and annex the widows' or the
young women's inhabited maintenance service landholdings, large grants, to
their own former small and waste service landholdings; and subsequently they
die; and after their death their wives proceed to petition the sovereign [to
ask] that the sovereign bestow favor Upon them, order them given their former
maintenance allotments with which they got married for maintenance; but the
children of their husbands, the widows' stepsons, proceed to petition the
sovereign [to ask] the sovereign bestow favor upon them, to grant them their
old service landholdings, their fathers' grants, and to order that their
stepmothers' maintenance allotments be divided among all of them, mixing it all
up in accord with the grants. Women, who possess small maintenance service
landholdings and waste grants, and their old service landholdings are larger
than their wives' maintenance service landholdings; and those people die, and
children of their first wives survive them, and those children proceed to
petition the sovereign [to ask] that they be granted their fathers' former
service landholdings, and that their stepmothers be granted their former service
landholdings with which they married their fathers; but their stepmothers
proceed to petition the sovereign [to ask] that they be granted [lands for]
maintenance from their husbands' service landholdings based on their
compensation entitlements, and not [just] their former maintenance service
landholdings: after the death of such [servicemen], grant their wives [land]
for maintenance, based on their [husbands'] compensation entitlements,
according to the sovereign's decree, as is written about that above this, from
those service landholdings with which those wives of theirs married them. If
those widows' former maintenance service landholdings are in excess of the
compensation entitlement for maintenance allotments: return that to the
children of that deceased [serviceman]. If it becomes necessary to give such
widows more for maintenance than that with which they married them because of
their husbands' compensation entitlements: grant them a supplement for
maintenance to their former service landholdings from the service landholdings
of their husbands. Grant the rest to the children of that deceased
[serviceman].
57.
If dvoriane and deti boiarskie die, and their wives and the sons of a
first wife survive them; and the wives of those deceased proceed to petition
the sovereign for a maintenance allotment from their husbands' service
landholdings based on their husbands' compensation entitlement; and their
husbands' compensation entitlements were high, but the service landholding
grants in their possession were small, and there were no hereditary estates; or
they had service or clan hereditary estates but [these were] also small: grant
their wives [land] for maintenance only from their service landholdings based
on their high compensation entitlements. If only a small service landholding
grant remains for their children, and their children have nothing to live on,
and to render the sovereign's service with, from that small grant: after the
death of such [servicemen], having mixed their small grants, service landholdings
and hereditary estates together, allot it in equal portions to their wives and
to all the children, as much as is available for each one. Allot the inhabited
and waste land in shares, by acreage. Grant such widows [land] for maintenance
from their husbands' service landholdings, and not from their hereditary
estates. Grant the hereditary estates after the death of such [servicemen] in
portions to their children, and to the stepsons of their wives, so that such
hereditary estates will not go out of the clan.
58.
If after the death [of servicemen] their service landholdings, full grants, are
granted to their widowed wives and children jointly; and those widows proceed
to petition the sovereign against their children that their children are not
feeding them, and are not paying them any respect, and have expelled them from
the' house; and would the sovereign bestow favor upon them, order them granted
the service landholdings for maintenance apart from their children: in response
to that petition of theirs, grant the widows [lands] for maintenance from their
husbands' service landholdings based on their husbands' compensation
entitlements, according to statute, separately from their children. If such
widows after their husbands' [death] are given service landholdings with their
children jointly, small grants, and if there is nothing from which to give a
widow full maintenance allotment based on the husband's compensation
entitlement: allot such small service landholdings in shares to such widows and
their children, as much as is available for each, allotting the inhabited and
the waste land in shares by acreage.
59.
If petitioners proceed to petition the sovereign against someone about
fraudulently-acquired hereditary estates or about concealed service landholdings;
and in response to their petition it becomes necessary to arrange visual
confrontations for them in such cases; and those people against whom they have
petitioned to the sovereign have been sent on the sovereign's service or on
business in the provincial towns; and others at such times proceed to say that
they are ill; and the petitioners proceed to petition the sovereign that he
should order their children, and brothers, and kinsmen, and slaves who sue for
and defend in other chancelleries those people who are in service and who claim
that they are ill to be present for the visual confrontation for them: in such
service landholding and hereditary estate cases grant visual confrontations to
those petitioners with those people against whom they proceed to petition at
that time when they return to Moscow from the sovereign's service. Concerning
people who proceed to say that they are ill: examine those ill people to
determine whether they are truly ill. If upon examination those people are
truly ill, and they are in no way able to go to a visual confrontation: grant
those sick people a continuance of half a year for the visual confrontation
because of their illness. Do not take their children, and brothers, and
kinsmen, and slaves to a visual confrontation against their will in such cases.
If someone's illness is prolonged for more than half a year: order those
people, after half a year, to send whomever they trust in that matter to the
visual confrontation in their place. Do not grant anyone a continuance of more
than half a year for illness in such cases.
60.
Concerning dvoriane and deti boiarskie of various towns who proceed to petition
the sovereign, and in their petitions write that they have cleared lands and
glades for arable and for hay in the income-producing usufruct forests within
their own boundaries and within grants [to join them] to their own hereditary
estates and service landholdings; or those same petitioners proceed to petition
the sovereign about [turning] forests in various groves into arable; and .in
response to their petition and after an investigation, those newly tilled
lands, glades, and forests are granted to them as arable acreage; but after the
grants [have been made] to them, petitioners proceed to petition the sovereign,
[alleging] that those previous petitioners had petitioned the sovereign falsely
[in claiming that] those forests were deserted and that they had plowed up the
land in their own groves in the forests; but [in reality] those forests were
granted to all of them as usufruct possessions [to supplement] their service
landholdings and hereditary estates, and they all ride into those forests
together, and those common forests are inventoried in the cadastral books; and
in response to that petition of the last petitioners it is established
conclusively that the former petitioners appropriated the lands in the common
forests, in the usufruct possessions, by lying: take those lands from [those]
grants back from them. Those lands shall be [used by] all the service landholders
and hereditary estate owners jointly.
61.
Concerning provincial dvoriane and deti boiankie who are old and wounded, and discharged
from the sovereign's regimental service, but they are ordered to serve in the
fortress siege service; and others because of their wounds are unable to render
any service to the sovereign; but they possess large grants of service land;
and they have no children; and petitioners proceed to petition the sovereign
against those deti boiarskie, [and they ask] the sovereign to order
that those discharged and wounded dvoriane and deti boiarskie be put on a maintenance allotment from
their service landholdings, by the sovereign's own decree, and that the
sovereign favor them, the petitioners, with the remainder of it: reject those
petitioners. Old and wounded dvoriane and deti boiarskie shall possess those service landholdings
for as long as they live. Levy recruits from them for the sovereign's service
from those service landholdings of theirs, or cash for the recruits, as much as
the sovereign decrees.
62.
Concerning Moscow-area service landholdings in the possession of stol'niki, and striapchie, and Moscow dvoriane, and of
provincial dvoriane, and deti boiarskie, and of chancellery and palace court
officials; and when those service landholders die, and wives and minor children
survive them; and others of their children are at that time in residence with
the sovereign [at his palace where they render service to him]; and they
proceed to petition the sovereign about [making] those Moscow-area service
landholdings of theirs [legally] into their own service landholdings: register
such Moscow-area service landholdings of those deceased [servicemen] for the
children.
63.
Concerning petitioners who proceed to petition the sovereign against someone
about deserted peripheral lands [outside the boundaries of hereditary and
service lands]; and in the investigation the people being interrogated testify
about those lands that those people against whom such a petition has been filed
do possess the deserted peripheral lands [outside the boundaries of hereditary
and service lands]; but by the cadastral books it is established that those
lands are inside the boundaries and limits of those people against whom there
is a petition about those lands: on the basis of the cadastral books, those
lands shall remain in the possession of those people for whom the cadastral
officials registered, and surveyed, and included those lands within the
boundaries of their service landholdings or hereditary estates. Do not believe
the people interrogated about such lands.
64.
Concerning a petitioner, who, having petitioned the sovereign about a service
landholding [which is concealed] or [cleared] from deserted lands, or for a
purchase [of land]; and, having submitted the petition, does not proceed to go
after an abstract for three months; and other petitioners proceed to petition
the sovereign about that same service landholding after him; and after [the
later petitioners have gotten] their abstract, the prior petitioner again turns
his attention to that case: reject those prior petitioners.
65.
If someone submits a petition about such lands, and immediately after that they
order him to report for the sovereign's service: such petitioners shall bring
continuance petitions to [supplement] their petitions. If someone does not
bring in a continuance petition [to supplement] his petition, and departs for
the sovereign's service without having submitted a continuance petition, and
there are other petitioners about those lands after them [sic]: after the
statutory three months, grant those lands to the latter petitioners. If in such
a case a continuance for the sovereign's service is granted to someone and his
continuance petition is [included] in the records: do not grant such service
lands to other petitioners until that time when they return from the
sovereign's service. Those people, returning from service, shall petition the
sovereign promptly about such cases and they shall bring petitions requesting
that the litigants appear in the Service Land Chancellery. If someone, having
returned from the sovereign's service, does not proceed to petition the
sovereign for three months in that case: after the statutory three months,
grant such lands to the later petitioners in response to their petition.
66.
Concerning deti boiarskie serving in the palace court of the
patriarch: those deti boiarskie in the service of the patriarch shall
not possess the sovereign's service lands. The patriarch shall grant them
service landholdings from his own land fund. Concerning deti boiarskie in the service of the patriarch who by any means, or by
concealment, take service lands from the sovereign's lands: take away those
service lands from those [people] and give [them] to the petitioners. For the
concealment, inflict the punishment that the sovereign decrees.
67.
Concerning people serving as jailors in the Moscow Administrative Chancellery:
do not grant service landholdings to those jailors. If any jailors are in
possession of service landholdings as grants: discharge those people as jailors
and order them to render the sovereign's service from the provinces on the
basis of the service landholding. If they do not proceed to render the
sovereign's service from the provinces: take those service landholdings of
theirs away from them and grant [them] to petitioners in a general
distribution.
68.
Concerning dvoriane who previously served in Novgorod and in
Pskov, but now they are inscribed in the Moscow service list; and they have
been granted service landholdings in the trans-Moscow towns, but their old
Novgorod and Pskov service landholdings are still in their possession: take
away those old Novgorod and Pskov service landholdings of theirs and grant them
in a distribution to Novgorodians and Pskovians, dvoriane and deti boiarskie, because those dvoriane are
serving on the Moscow service list, and they have been granted service
landholdings in the trans-Moscow towns, and it has been ordered that those dvoriane shall not possess service landholdings in Pskov and Great
Novgorod.
69.
Concerning dvoriane and deti boiarskie who, desiring not to render the
sovereign's service, while in the sovereign's service, feloniously give away
their service landholdings to someone on mortgage, and sell their hereditary
estates, and flee from the sovereign's service; and the generals proceed to
write about them to the sovereign: having located such fugitives, inflict
punishment for their flight: having beaten them with the knout without mercy,
send them back to the regiments under guard of bailiffs. Take away those
service landholdings and hereditary estates of theirs from those people to whom
they gave those service landholdings of theirs on mortgage and sold their
hereditary estates while in the sovereign's service in the regiments, and give
them back to the sellers for no money.