Научная статья на тему 'The process of influencing of unwritten laws (adats) onsocial and legal relation of high-landers at the end of the 19thcentury'

The process of influencing of unwritten laws (adats) onsocial and legal relation of high-landers at the end of the 19thcentury Текст научной статьи по специальности «История и археология»

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ADATS / HIGHLAND PEOPLES / CUSTOMS OF THE CAUCASIAN PEOPLES / KUBAN AND TERSK REGION / ESTATES / CLASS GRADATION / PRINCES / CAUCASIAN NOBLEMEN

Аннотация научной статьи по истории и археологии, автор научной работы — Shavlokhova Elena Sergeyevna

The article raises the question of entering the Caucasus into the composition of the Russian Empire and multiple problems and tasks, requiring the solution in the late 19th century. Of interest were the data of how the self-administration of the different population categories in the second half of the 19th century was realized, when the question came up of the highland nobility rights equialization with the rights of the Russian noblemen, for what the considerable part of the highland aristocracy stroke vigorously. The description of class gradation of the highland societies, such as Kabardinian, Adygei, Ossetian is given. Caucasian noblemen were nothing more than the petty liegemen of the princes. By the end of the 19th century the class division preserved its value only in everyday life: each family name bore the stamp of its origin. The

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Текст научной работы на тему «The process of influencing of unwritten laws (adats) onsocial and legal relation of high-landers at the end of the 19thcentury»

Секция 4. История и археология

20 ноября 1874 г. Государственный Совет принял решение реформировать Юридический лицей в институт. 14 сентября 1875 г. на базе лицея был открыт Историкофилологический институт кн. Безбородко с тремя отделениями: славистическим, классическим и историческим. С этим закончилась история лицеев в Украине в Х1Х в.

В лучшие свои годы лицеи сыграли положительную роль в развитии исторического образования и исторической науки не только в Украине, но и во всей Российской империи, подготовив немало выдающихся ученых.

Список литературы:

1. Егоров А. Д. Лицеи России. Опыт исторической хронологии: в 5 кн. Кн. 1: Ришельевский Лицей. - Иваново, 1993. 172 с.

2. Егоров А. Д. Лицеи России. Опыт исторической хронологии: в 5 кн. Кн. 2: Лицей князя Безбородко. -Иваново, 1994. 129 с.

3. Исторический обзор сорокалетия Ришельевского лицея с 1817 по 1857 год/сост. Иосиф Михневич. -Одесса, 1857. 200 с.

4. Коляденко С. Кременецький лщей у систем! освгти Волиш (Х1Х - 30-т рр. ХХ ст.). - Житомир, 2002. 131 с.

5. Ришельевский лицей 1804-1817/сост. Н. Ленц. Одесса, 1903. 386 с.

6. Самойленко Г. В., Самойленко О. Г. Шжинська вища школа. Сторшки юторн. - Н1жин, 2005. 420 с.

7. Самойленко О. Г. 1ван Васильович Лашнюков - перший видатний юторик в Н1жиш//Лггература та культура Полюся. Вип. 34. 2007. С. 94-110.

8. Сребницкий А. Лицей князя Безбородко//Гимназия высших наук и лицей князя Безбородко. - Спб.: Тип. В. Безобразова, 1881. С. CXXIX-CLXXXVC.

9. Стрельцов А. А. Российские лицеи в XIX веке//Образование и общество. 2008. № 2/http://www.jeducation. ru/2 2008/100.html

Shavlokhova Elena Sergeyevna, Doctor of History, Professor, Pro-rector for scientific work of the Academy of Marketing and Social Technologies — IMSIT (city of Krasnodar)

E-mail: 520637@mail.ru

The process of influencing of unwritten laws (adats) onsocial and legal relation of high-landers at the end of the 19thcentury

The publication of the article has been carried out with financial support of the Russian Humanitarian Scientific Fund in the project of undergoing scientific research "The development of the state administration of the national regions in Russia in the late 19th — 20th century (by the examples of the North Caucasus)", Project 14-11-23006

Abstract: the article raises the question of entering the Caucasus into the composition of the Russian Empire and multiple problems and tasks, requiring the solution in the late 19th century. Of interest were the data of how the self-administration of the different population categories in the second half of the 19th century was realized, when the question came up of the highland nobility rights equialization with the rights of the Russian noblemen, for what the considerable part of the highland aristocracy stroke vigorously. The description of class gradation of the highland societies, such as Kabardinian, Adygei, Ossetian is given. Caucasian noblemen were nothing more than the petty liegemen of the princes. By the end of the 19th century the class division preserved its value only in everyday life: each family name bore the stamp of its origin.

The keywords: adats, highland peoples, customs of the Caucasian peoples, Kuban and Tersk region, estates, class gradation, princes, Caucasian noblemen.

In the late 19th century when the Caucasus entered finally the composition of the Russian Empire the government set itself the multiple problems and tasks, which required the immediate solution. One of the

tasks involved the determination of the highland societies highest estates’ rights to know «... which of the highland estates could be recognized corresponding to the categories of the highest estate, existing in Empire”

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Section 4. History and archaeology

[1, с. 1]. The government undertook a series of measures related to the study of the Caucasian mountain dwellers’ customs. The information was collected on their social relations and social system. The matter of interest were the data on in which way the self-administration of the different categories of population in the second half of the 19th century was exercised, when the question came up of the highland nobility rights equialization with the rights of the Russian noblemen. It was sought for by the considerable part of the highland aristocracy.

Based on the Regulation of the Caucasian Committee dated December 4, 1864 a provisional Commission was established in Vladikavkaz to investigate the personal and land rights of the Tersk Region native population. Five years later it was reorientated by the tsar’s Decree as of December 30, 1869 as the Commission to study the estate rights of the Kuban and Tersk Region mountain dwellers. It worked over the following questions and solved the tasks regarding the determination of estate system of the highland tribes and societies to understand which of the highland estates could be equated with the highest estate, and could correspond to that existing in the Empire. It was important to determine the primary and secondary indications, which characterized each this estate, how they differed from the lowest classes by the notions and traditions of the mountain dwellers, and reduce to the same denominator, the importance, attached to these estates by the Russian administration in the Caucasus.

The Commission collected the statistical information on the number of families and persons of male sex in each tribe and society, having claims on belonging to the highest highland estates. In the process of its work the Commission was engaged in drafting the rules, in which the evidences of person’s belonging to each of the highest highland estates were described.

In accordance with ethnological and statistical data of that time, the highland societies had the estate gradation as follows:

1) the highland princes, who concentrated in their hands the plenitude of the civil, military, judicial and administrative power;

2) free commoners — immediate manufacturers;

3) dependent population [2].

The prince’s title was passed only by origin or marriage, what is pointed out by several researchers. Yet in the late 18 th century Ja. Reineggs wrote, that in the Caucasus a noble person could not enjoy the same rights as a prince had, only a prince by birth, i. e. by blood possessed these rights. In the 19th century such situation not only

preserved, but even was fixed in the adat norms. Thus, the information on the national traditions and customs of the highland peoples, collected by colonel-lieutenant A. A. Kucherov in early 40-ies of the 19th century, says that if a woman married a noble person, she accepts his position, she herself can pass her own position neither to her husband, nor to her children. In the case she was divorced, and she belonged to the highest estate before the marriage, she preserved it. The Kabardinian adats, published by F. I. Leontovich in Odessa in 1882, also tell about the same peculiarities of the highland society. In the case of contracting unequal marriage the children, born from it, possessed no privileges of the prince’s estates and had no rights to inheritance. As regards this, K. Koch, researcher of the Caucasus, noted, that “in West Circassia, certainly, this prejudice stopped to exist, but in the east, particularly in Kabardinians and Besleneans, very much intentions is paid to the origin" [3 Page 349]. In Kabarda four prince family names of the Bekmurzins, Kaitukins, Misostovs and Atazhukins singled out. They descended from Inal ruler (16th century) and after his death the territory of Kabarda was divided into principalities by his sons Atazhukoya, Misost and Kaituko. [4, Page 345]. In accordance with statistical data collected in the second half of the 19th century. Kabarda numbered 23 princely families [5, Page 184-185, 201-202], [6, Page 6]. The adat norms tell, that the dominating position of princes is notable. The prince was considered a head of his people and commander of his armed forces. The people had to honour him as the highest one by origin. A person, who made under any circumstances an attempt upon the prince’s life, had to be exterminated without fail together with all family. At the people’s meeting the prince had the first place, and he had the last word in solution of the issue. The judgement of court came into effect according to the customs (adat). A prince had another privilege in that matter, he could take anyone under his protection or hasten the court examination.

Describing the life of the Kabardinian people, P. S. Potemkin noted, that “a prince could do anything with his subject, take all his property, take away all his slaves or prisoners and sell them, he could even take away his daughter or wife”.

The princes took up the questions, related to the home affairs of Adygs. They had a right to declare a war, make peace. Also they were vested with a right to judge. The misuse of powers could become a reason, that an offended free Adyg could leave the prince’s settlement and seek the protection of another owner. The liberty of choosing place of residence also was expressed in adats.

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Секция 4. История и археология

It was expressed in the following, if an uzden (a nobleman in the North Caucasus) nursed a grievance against a prince and received the sufficient funds, he could resettle from the prince to another place. A prince could not offend a nobleman without reasons. There existed the adat norms, according to which the uzdens received from a prince the so called uzden’s tribute, it included a family of serfs, several hundred sheeps, a part of land and various metal household accessories. The princes played a dominant role in the process of the outer negotiations. They appeared on behalf of the people and concluded the various treaties, also with Russia.

The princes as a ruling estate were distinguished by the fact that if something according to adat threatened their property or life, a person who committed it bore the enhanced criminal responsibility. The murder of a common free Adyg was paid in blood, it was equal to 20 conventional units; the murder of a wark (nobleman) — 42, and the murder of prince-pshi — 100 [7, Page 43]. It might be well to point out the existence of peculiarities, which were inherent in these relations when murdering a prince. In the case of prince murder, if a murderer was also a descendant of princely kin, the payment was blood; if the payment was not effected he, and his family were annihilated, and their property was subjected to the pillage, in other words, to the plunder. When wounding or outraging the persons of princely estate, and also in the case of their property theft also an enhanced criminal penalty was established.

The family and marriage law ofAdygs also tells about that the princely families were isolated: the marriages were contracted only within the estates. The princely families in that period were of limited number, and often the nationally mixed marriages happened. The response of society to these marriages was not so negative, as to those unequal in rights. V. Kudashev wrote, that Kabar-dinian pshi treated the cleanness of their kin, i. e. blood with all responsibility and trepidation. They solemnized the marriages only within their estates or in environment of Nogai sultans. In unequal marriages the pshi title did not fall to the children’s lot. The children, born in marriage of the partners, not enjoying equal rights, could not possess the rights of the highest estates and belonged to a special stratum of Adygei society.

The population, subordinate to a prince inhabited the areas not far from his residence, on his lands, for which the population fulfilled the obligations in favour of prince: rent in kind and working off. For the reason that the princes were the sovereign land owners, they enjoyed the right to dispose of it at their own discretion

(in Kabarda especially). They passed its part to the warks (noblemen) on condition of their service, that brought to formation of efficient social ladder, that was fixed in the different sources. Prince Berslanu Kaitukovich divided the highest layer of Adygei society and it is he whom this tradition is attributed to. The division was performed enough conditionally. The lowest layers of nobility were subordinate to the highest ones, and the highest — to the prince.

The most extensive rights and privileges in nobility environment were possessed by the tlecotleshes and de-jenugos (dijinugos). This fact takes place even in their denomination: “dejenugo” in translation from the Adygei languages means “gilded silver”; “tlecotlesh” — “born from powerful”. This composition in nobility environment was in vassal dependence on prince, at the heart of which the right of prince’s lands use lay.

According to statistics of 1885, 36 families in Kuban Region belonged to estate of tlecotleshes; 3 — to that of dejenugos; in Kabarda 64 and 30 respectively. As this took place the tlecotleshes estate was composed of three primary families: the Tambievs, Kudenetovs and Anzo-rovs. In other tribes and nationalities this estate was represented insignificantly [8].

By the social position the tlecotleshes and dejenugos were inferior to the princes. The payment for their blood was also high, but they could contract the marriages only with the equals in status. Subordinate to those were the noblemen of the lower degrees, and both free and dependent population, which inhabited their lands and fulfilled the obligations in their favour. It is important to point out, the tlecotleshes were not encumbered with the different duties: they took a field with a prince, participated in the acts of blood vengeance, effected the payment in property determined by the custom in his favour. The lowest nobility estate were pshekaus — the uzdens of the fourth degree, who were “not the villeins in point of fact, yet did not compete with the genuine uzdens” [9]. By the customary law of Adygei peoples the pshekaus had to obey and fulfill the orders of a prince, be nearby constantly, to keep order carefully at the prince’s or wark’s place, who stood at the higher stage of the social system. They were near the table during the meal and served up the necessary dishes, poured out the beverages and carried out other domestic works [10]. Such position of the warks may not be the ground to refer them to the highest estate. They occupied the median position between the highest and middle estate. Therefore, in this connection the Commission for investigation of the Kuban and Tersk Region mountain dwellers’ estate

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Section 4. History and archaeology

rights did not refer them to the ruling elite of Adygei society.

To characterize more accurately the Adygeis’ estate system and organization of self-administration in their environment, it is important to compare the state of these spheres in the different peoples of the North Caucasus. The estate division of the Karachais and Balkars in that period was not so vividly pronounced. In the Karachais the biys fell into the highest estate, and in the Balkars — the taubiys, represented by a number of families. In Ka-rachai these were the Krymshamkhalovs, Dudovs and Karabashevs; in Balkaria — the Kuchyukovs, Balkaro-kovs, Kelemetovs and Barybiyevs. Altogether, the year of 1885 numbered 89 families of the taubiys and 35 of the biys [11].

The archive documents are a good demonstration of the biy estate position. One of those told, that all affairs of Karachai were administered by the representatives

of the biy estates, the chiefest one of which was a

people’s valiy and he was represented by one family of the Krymshamkhalovs. Everybody who belonged to this estate, headed the People’s Volunteer Army during the military actions. Besides, the biys (they are comparable with the master sergeants in our troops) might be compared with Adygei pshis, or representatives of the Karachai people in the outer negotiations. The next factor, that singled out biys as estate of the higher level, was a criminal fine for the murder or insult of these families representatives’ title. They concentrated the court and reprisal mechanisms in their hands, as the Adygeis did.

The noblest Karachai family was that, which took an origin from Karchi, it was a founder of the Karachai people. The other important patronymic Karchi unions were represented by the families of the Kodjakovs, Temir-bulatovs and Magometovs. The origin of these families from Karchi played an important role and was a fact and told about the biy estate’s good birth. The managing part of Adygeis’ estates in Karachai enjoyed no right of private property to the land, but in the period under consideration they experienced the capture of common lands and they used it solely. Anyway this land was not formalized legally. They exercised civil, military, judicial and administrative power. The Karachai biys possesed not only the common lands, но possesed personally also the free commoners, who paid them the duties, and this fact was fixed in adats.

M. D. Karaketov cited the interesting ethnographic data, they characterize the social relations in Karachai society. Following the customs, a prince gave a name

to a firstborn of the serving for him uzden’s family, in response to it an uzden’s family presented a ship and a calf to him. A hunter, who went out hunting, informed about it necessarily prince’s observer in the village. On return from hunting he gave a part of his bag to the prince. If the prince was not notified about, the hunter’s family paid a fine in the size of one tenth part of cattle and grain. In the case of prince’s death, the uzdens passed a part of foodstuffs to the family, in which house a случилось a grief happened, and mourned over the prince by a special lamentation.

The society of the central Ossetia by the moment of Commission’s arrival was divided into four estates. The highest estate comprised the “styr myggag” or “tykhjin myggag” families, that means in translation “a large family”. These families were well provided for financially, dressed affluently. They had the best armament and they, cirtainly, stood high in esteem. The representatives of these families held important positions in social medium of that period. Their advice was sought, they were invited to judge and reconcile the opposing parties. The majority of population made a part of the farsaglags estate. This part of population paid the duties to nobody, they may be entered in the category of Ossetian peasantry. They helped the representatives of the large families in the household and construction works. In the case of land lease by farsaglag, he yielded half harvest to his master. The lowest stages of estate system were occupied by the not numerous kavdasards and villeins. “Kavdasard” is translated from Ossetian as “a born in crib”, in other words born in a feeding bunk. It is important to separate the dependent kavdasards and free kavdasards. The dependent kavdasards were the children of uazdans from the “second” marriages, i. e. kavdasard’s mother originated from a poor farsaglag family, from kavdasards or liberated villeins. After the death of father a kavdasard could separate from the brothers-uazdans (children born from the first wife who was of noble origin) and get a small share of inheritance. The lowest and not numerous estate were the “kusag” villeins. The captives, bought slaves and children became this estate.

To sum up it is significant to note, that the Caucasian noblemen were the petty liegemen of the princes. They were a part of court and prince’s council. They were obliged to pay taxes in silver or foodstuffs, and participated in a certain number in the process of their territories protection during the military actions. All their duties in relation to their princes were limited by the customs. A prince had a last word in solution of the land questions.

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Секция 4. История и археология

After the reforms, in the process of the dependent estates liberation in the Caucasus, the Commission worked out the special rules to carry out this reform, which may be obligatorily applied to the original

relations, established in the highland society. By the end of the 19th century the division into estates preserved, but spread only in everyday life: each family referred itself to a certain estate.

References:

1. Note of the Minister of Home Affairs, Secretary of state Durnovo to the State Secretary as of March 18, 1895 nr. 3896. “On the rights of the highest highland estates in Kuban and Tersk Region". - Tiflis, 1885. - Appendix. Page 1

2. See: The state archive of Krasnodar Territory (SAKT). Archive 348. List 1. Document 8. Sheet 1-2.

3. Koch K. Reise durch Russland und nach dem Kaukasischen Isthmus in Jahren 1836, 1837 und 1838. Bd. I. -Stuttgart, 1843, Page 349.

4. Gardanov V. K. (B. A.). The materials on common law of Kabardinians. - M., 1956, Page 315.

5. Leontovich F. I. The adats of the Caucasian mountain dwellers. The materials on common law of the North and East Caucasus. Issue 2. - Odessa, 1883, Pages 184-185, 201-202.

6. Lyulie L.Ya. The institutions and people’s customs of the Shapsugs and Natukhazhians. Circassia. The historic and ethnographic articles. - Krasnodar, 1990, Page 43.

7. On the rights of the highest highland estates in Kuban and Tersk Region. - Tiflis, 1885. - Pages 10-11.

8. Leontovich F. I. The adats of the Caucasian mountain dwellers. - Odessa, 1882. - Page 231.

9. Gardanov V. K. The materials on common law of Kabardinians. - М., 1956. - Page 351.

10. See: On the rights of the highest highland estates in Kuban and Tersk Region. - Tiflis, 1885. - Pages 82-84.

11. The state archive of the Republic of North Ossetia-Alania (SA RNO-Alania). Archive 262. List 1. Document 70. Sheet 38.

12. Agabekyan R. L. The phenomenon of informal employment in the Russian economy//Theory and practice of public development. Science journal.-2013.-nr.1. - Pages 297-301

13. Shchupets E. S. The history of Vladikavkaz city development: tendencies and peculiarities (1784-1917) [Text]: dissertation of the candidate of historic science: 07.00.02. - Pyatigorsk, 2003. - 187 pages.

Shestakov Yury Aleksandrovich, Institute of services industry and businesses (branch) of the Don state technical university, associate professor of Philosophy and History Department

E-mail: shesyur@gmail.com

«Right Cadetism» in the first Russian revolution

Abstract: The article considers the establishment ofsuch political phenomenon as «right cadetism». The analysis of the views of representatives of the right wing «of the party of people’s freedom» on urgent political problems of 1905-1907, with the aim of understanding the features of their common ideology.

Keywords: the party, Government, Duma, right, center, left.

Шестаков Юрий Александрович, Институт сферы обслуживания и предпринимательства (филиал) Донского государственного технического университета,

доцент кафедры Философии и истории E-mail: shesyur@gmail.com

«Правый кадетизм» в первой русской революции

Аннотация: В статье рассматривается становление такого политического феномена как «правый кадетизм». Проводится анализ взглядов представителей правого крыла «партии народной свободы» на актуальные политические проблемы 1905-1907 гг. с целью уяснения особенностей их общей идеологии.

Ключевые слова: партия, Государственная, дума, правые, центр, левые.

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