the second lay book published in Muscovy. (The
first was Smotritsky’s Grammar, published in
1619.) The price was high (one ruble; the median
daily wage was four kopeks), but the book sold out
almost immediately, and another twelve hundred
copies were printed, with some minor changes, be-
tween August 27 and December 21, 1649. They
also sold out quickly. The Ulozhenie was subse-
quently reprinted eight times as an active law code,
and it served as the starting point for the famous
forty-five-volume Speransky codification of the
laws in 1830. It has been republished eight times
after 1830 because of its enormous historical in-
terest. In 1663 it was translated into Latin and
subsequently into French, German, Danish, and
English.
Commentators have marveled that the Odoyev-
sky Commission was able to produce such a re-
markable monument at all, let alone in so short a
time. Until 1830, other codification attempts were
made, but they all failed. Certainly the success of
the code can be attributed largely to the prepara-
tion on the part of the Odoyevsky Commission:
They brought a nearly finished document to the
Assembly of the Land for approval and amend-
ment. In contrast, Catherine II’s Legislative Com-
mission of 1767 failed miserably because it had no
draft to work from, but started instead from ab-
stract principles and went nowhere. The speed of
the Odoyevsky Commission is also easy to account
for: Each chapter is based primarily on an extrac-
tion of the laws from a specific chancellery’s statute
book or demands made at the Assembly of the
Land. The Odoyevsky Commission made no at-
tempt to write law itself or to fill lacunae in exist-
ing legislation.
The Law Code of 1649 is a fairly detailed record
of its times, practices, and major concerns. Most
noteworthy are the additions insisted on by the del-
egates to the Assembly of the Land, amendments
which the government was too weak and fright-
ened to oppose. Three areas are especially signifi-
cant: the completion of the enserfment of the
peasantry (chapter 11), the completion of the legal
stratification of the townsmen (chapter 19), and
the semi-secularization of the church (chapters 13,
14, and 19).
While the peasants were enserfed primarily at
the demands of others (the middle service class
provincial cavalry), the townsmen were stratified
into a caste at their own insistence. Urban strati-
fication and enserfment proceeded in parallel from
the early 1590s on, but the resolutions in the
Ulozhenie were different. Serfs could be returned to
any place of which there was record of their hav-
ing lived in the past, but townsmen were enjoined
to remain where they were in January 1649 and
could be returned only if they moved after that
time. Enserfment was motivated by provincial cav-
alry rent demands, while townsmen stratification
was motivated by state demands for taxes, which
were assessed collectively and were hard to collect
when those registered in a census (taken most re-
cently in 1646–1647) moved away. The townsmen
got monopolies on trade and manufacturing, as
well as on the ownership of urban property (this
primarily dispossessed the church). Roughly the
same rules applied to fugitive townsmen as fugi-
tive serfs, especially when they married.
If one thinks in terms of victimization, the pri-
mary “victim” of the Law Code of 1649 (after the
serfs) was the Orthodox Church. As mentioned,
much of its urban property was secularized. Its ca-
pacity to engage in trade and manufacturing was
compromised. The state laid down provisions for
protecting the church in chapter 1, but this in and
of itself states which party is superior and limits
the “harmony” (from the Byzantine Greek Epanogoge)
of the two. Chapter 12 discusses the head of the
church, the patriarch, thus obviously making him
subordinate to the state. Worst of all for the church
was chapter 13, which created the Monastery
Chancellery, a state office which in theory ran all
of the church except the patriarchate. This measure
especially secularized much of the church, and
though it was repealed on Alexei’s death in 1676,
it was revitalized with a vengeance by Peter the
Great’s creation of the Holy Synod in 1721, when
all of the church became a department of the state.
The Ulozhenie also forbade the church from ac-
quiring additional landed property, the culmination
of a process which had begun with the confisca-
tion of all of Novgorod’s church property after its
annexation by Moscow in 1478.
The Law Code of 1649 is a comprehensive doc-
ument, the product of an activist, interventionist,
maximalist state that believed it could control
many aspects of Russian life and the economy (es-
pecially the primary factors, land and labor). Chap-
ters 2 and 3 protected the tsar and regulated life at
his court. The longest chapter, 10, is quite detailed
on procedure. The major forms of landholding, ser-
vice lands (pomestye) and hereditary estate lands,
are discussed in chapters 16 and 17, respectively.
Slavery is the subject of the code’s second longest
chapter, 20. Criminal law is covered in two chap-
LAW CODE OF 1649
830
ENCYCLOPEDIA OF RUSSIAN HISTORY