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§ 3. Politiko-legal sights of protopriest Avvakuma and Old Believers

By the end of XVII century the number of Old Believers constituted about ten percent ­ of the population of Russia [231] . The persons who have not accepted innovations in ceremonies and change in prayer books joined movement staroobrjadchestva, and also not consent with a policy of enslaving of peasants (that reflects ­ evolution of their sights: at first as "a harm source» considered only activity of the patriarch, then - and to the politician of the tsar).

The Great bulk of conservatives was constituted by peasants, however, in their environment there were also noblemen, and headed communities ­ clerics who have seen «world harm» in church reform and tried to defend cleanliness of belief.

protopriest Nikifor, priest Lazar, inok Epifany, deacon Feodor Ivanov, monk Grigory Neronov (the former protopriest of the Kazan cathedral in Moscow on the Red area John), a bishop the Kolomna Paul, infusion ­
tel a Kostroma Uspensky cathedral Daniel were the Most known representatives of old believe movement of XVII century­. All of them were ideological inspirers of conservatives and the talented writers convicting of the works [232] errors of a management of church (mainly ­ patriarch Nikona) and predicting a fast doomsday. However the recognised ­ leader staroobrjadchestva protopriest Avvakum (Petrov) is considered. He was born in 1620, in village Grigorovo of the Nizhniy Novgorod district (that is was fellow countryman Nikona­) in a family of the priest. In 1638 Avvakum married and has been imposed in diakony, and in 1644 - in priests. Conflicts to the local heads have led to that in 1647 it with the wife and the son has moved to Moscow. There Avvakum «the Mug of adherents of piety» ­ the confessor of tsar Alexey Mihajlovicha S.Vonifa-tev was which central ­ figure has approached with members­. We noticed earlier, that the archimandrite of the Novospassky ­ monastery, future patriarch Nikon was a member of a circle also­. Then Avvakum has got acquainted and with the tsar and when Nikon became the patriarch in 1652, Avvakum has been appointed ­ by the protopriest (the old, obsolete name of an archpriest - the senior priest). It supported severity of customs, demanded payment of taxes in the patriarchal treasury laymen and clergy, for what even has been strongly beaten by crowd. In 1652 has opposed church reform, has been arrested and ­ in a year it is sent to Tobolsk, then to Yakutsk, it «continuous ­ wandering on jails of Siberia» whence has begun­. After ten years of wanderings has returned to Moscow. In 1666 by the decision of a church cathedral it is disfrocked (as well as patriarch Nikon) and it is betrayed to a damnation, and in 1667 With three adherents it is banished in Pustozersk (in 20 km from the present city of Naryan-Mar) and it is planted in «­ earthen prison». But also there showed non-recognition new, nikonianskoj churches, defended «drevlee the Byzantian piety» [233] .

In April, 1682 Avvakum and three its allies - Lazar, Epifany and Feodor, - the decision of the next church cathedral 1681-1682 have been alive burnt in srube in Pustozerske as heretics. Avvakum has gone through the ­ main enemy - Nikona, - for eight months.

Protopriest Avvakum was "person" of Russian opposition - passionate, selfless, samootrechennoj. These lines are characteristic for both parties - both the authorities, and oppositions.

Perfektsionizm, unwillingness of compromises become ­ discriminating lines of Russian revolutionaries [234] . Avvakum has united lines which rebellious persons ­ of revolutionaries can quite characterise­: «uncompromising traditsionalizm, passionate aspiration to freedom, a worship for the letter of the writing and rare feeling of a present situation, ­ severe asceticism and thirst of practical activities» [235] .

the Main products of protopriest Avvakuma have been written them during ­ an imprisonment in earthen srube (where it has spent last fifteen years of a life): «Life of protopriest Avvakuma him written», «the Book of conversations», «the Book of interpretation», «the Book of accusations, or the Gospel eternal» [236] . ­ Unlike works of patriarch Nikona which also have been written to years of arrest, products Avvakuma are excessively emotional and abound with obscene abuse. As sources of politiko-legal sights Avvakuma also ­ are of interest its petitions, messages, letters (to the tsar, native, to friends, etc.). Despite the raised emotionality and an overabundance ­ of literary receptions of a statement of a material, the maintenance of political views Avvakuma it is accurately enough traced in the majority of its works.

the World outlook basis of views Avvakuma and Old Believers in tse ­
a breakage have constituted the concept «Moscow - the Third Rome», the truth, in the deformed ­ variant which sharply distinct from original, is formulated Filofeem (accordingly, opposite Alexey Mihajlovicha's to understanding), and also Arseny Sukhanov's sights (the Russian church figure of XVII century, ­ the diplomat, the writer), ideas "Domostroja", and, at last, "sentences" Stoglavogo of a cathedral of 1551, as reference norms of a regulation of public relations­. As it is paradoxical, Old Believers recognised as important source of law Kormchuju the book, and in Kormchej Nikona to them are especially close there were ­ ideas «Konstantinova gift» - this rather disputable document.

Old Believers acted, as it seemed to them, ardent defenders ­ of the concept «Moscow - the Third Rome». So, Avvakum conditionally divided history ­ of Russia into «pious times» (from a christening of Russia to the middle of XVII century) and the apocalypse beginning. Border between them church reform has lain. Reform and "father" of its patriarch Nikona Avvakum estimated as heresy. «To the Lord popustivshu for ours sogreshenie - zlyj the pastor byv in ovchej ­ skin wolf Nikon the patriarch at summer from creation 7161, - wrote it in one of the messages. - Syj the heretic izmenil svjatyj the rank also has corrupted svjatyja books and blagolepotu svjatyja churches oproverzhe and nelepyi contentions and ranks in sacred church vnese from various heresies and very much having afflicted church Bozhiju, the general mater ours, prelozhiv true in lzhu and pochtosha lawlessness in the law» [237] .

Such position Avvakuma concerning change of Russian church ­ ceremonies on the samples accepted in the Greek church, was quite explainable. Within second half XV century and up to the middle of XVII century in Russian official political and church ideology the thought that Byzantium has fallen that Greeks have receded from true Christianity was persistently spent. And now suddenly it appeared, that orthodox Christians in Russia should accept ceremonies of this church which have betrayed Orthodoxy. In it saw Avvakum and all Old Believers "change" to sights on
Moscow as to the Third Rome. The main traitor, the heretic, «the favourite forerunner antihrista» [238] in the opinion of Avvakuma was patriarch Nikon. It has broken a normal course of history, has damaged as the state as a whole, and in particular to a shower of each Russian person.

the Logic in reasonings Avvakuma was accurately traced: what for Russia on someone to look back, adopt another's experience, when it - the unique state in the world, kept true orthodox belief and the ­ national originality. Development of the state before church reform went in a correct direction. If also followed adopt experience, to all world (first of all to the West) at Russia. All civilisations will disappear, and Russian ­ remains under condition of fidelity to ancient Orthodoxy: «ponezhe ubo Shabby Rome padese apolinarievoju eresiju, the second Rome - Tsargrad, a hedgehog is agarjan - skimi vnutsy from godless a Turk obladaemi, yours, about pious I reign, a great Rusijsky kingdom - the Third Rome - piety of all prevzyde, and all pious in yours tsarstvie together sobrashasja and other. And you are uniform under nebesem the Christian tsar imenueshisja in all Universe, the lord and the observer neporochnyja pravoslavnyja beliefs in all hristijaneh.,» [239] .

Avvakum understood idea about Moscow - the Third Rome how he wished it to understand. The protopriest was not a sign with sights of monk Filofeja, differently he would not convict reigning, that that changes to idea about the Third Rome. Avvakum saw a concept essence in preservation of cleanliness of orthodox belief within the limits of ­ existing borders of the state, in aversion of any experience from «traitors ­ - Greeks», from anybody other. If who learn to trust, pray, make divine service, exclusively Russian. Only the domestic divine service literature can act as the standard for all orthodox ­ world. After all anywhere there is no such pure orthodox belief as in ­ Russia, anywhere there is no such orthodox state as Russian, considered Avvakum­. It was, in effect, the ideologist of the Russian national state,
Russian national church. Russian state and ­ Russian church should serve in its understanding ­ to Russian national interests, instead of any universal organisations. Russia, at last, should live under own laws [240] .

«Oh, poor Russia, whether chevo you would like latynskih customs and acts ­ German, and the true Christian law have begun to hate and whether has denied -» [241] , - in these words Avvakuma the solution of its opposition of church ­ reform consists ­ in Russia the middle of XVII century Modern Greek prayer books ­ according to which Nikon wished to correct books Russian, ­ were printed in the West (in Rome, Paris and Venice). It was the conscious choice of the western printing houses made the tsar and the patriarch, because of ­ the optimum price and high quality of the press. Avvakum owing to the insufficient ­ erudition has not seen here elementary economic feasibility,­ and has estimated, as treachery of national interests.

Shortly before Avvakuma the similar point of view was stated by celibate priest Arseny Sukhanov sent to 1649 by the authorities on the East behind gathering of ancient ­ manuscripts and books for the subsequent editing of Russian texts according to ­ Greek and Byzantian. Being Arseny has doubted Greece what Russian books and ceremonies are worse Greek, rather the reverse, and has directly declared it to the higher Greek clergy. Seeing ­ Sukhanov's such ­ aggressive patriotism, Jerusalem patriarch Paisy has decided ­ to accept counter-measures, namely «to direct to Moscow more than the scientific Greeks knowing and slavic language that they could protect the Greek authority from such zubastyh the Moscow debaters as Arseny Sukhanov» [242] .

Protopriest Avvakum used system of the representations stated in 1650 by Arseny Sukhanov in debate about belief with Greeks [243] in the works.
the Basic idea consists that the Eastern Church cannot be for ­ Russian church unconditional authority for some reasons. First of all, a unique source of belief for all - the Christ. From it apostles and sacred fathers have transferred belief to all people. Among fathers were not only Greeks, but «from all Universe». Russian have accepted belief not from Greeks, and from apostle Andrey who preached in Chersonese, and then has passed across Dnepr: « Vskuju you are praised by yourselves, that we from you (Greeks) a christening prijali, we a christening prijali from apostle Andrey as it, after rise gospodni, pride Andrey to Byzantium, and therefrom pojde Black sea to Dnepr and Dnepr in top to ­ Kiev and from Kiev even to velikago Novagrada and going that by about belief Hristove has extended the doctrine, and others christened, and in Kiev being - a cross vozdvignul... And we as prijali belief and a christening from apostle Andrey, and hold... And you, Greeks, do not store an apostolic rule - in a font in three immersing nowadays are not christened, but on new rimskomu to the charter pour - sja and pokropljaetesja and on this is notable, that we a christening from the apostle prijali, and

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not from you Greeks » [244] .

According to Arseny, «present Greeks of much zapovedannogo apostles ­ and fathers do not store» [245] (incorrectly make a christening ceremony, ­ pray together with heretics, incorrectly consider time from world creation - 5508 years, and it is necessary 5500, print books and are trained in the West - In Rome and Venice). Therefore, A.Sukhanov, any any of ­ four East patriarchs briefs,­ all four together taken in Russia can and not obey, if they begin to speak something not concordant with ­ apostolic and svjatootecheskim the doctrine for «at us on Moscow it is possible and without four Patriarchs to correct the Law Divine» [246] .

In the end Arseny has read to Greeks known «the Story about white ­ klobuke» where it is spoken about falling of "shabby Rome» because of the pride, the second Rome - Constantinople - from agarjanskogo violence, and that in this connection on
«the third Rome - Russian earth - vossijaet good fortune...» [247] [248] . This story in the products often was used also by protopriest Avvakum. He not only often quoted Arseny Sukhanov, but also directly reminded the tsar of mission of the last in Greece and about its results, noticing, that Alexey Mihajlovich ­ perfectly knows about results of check by Arseny "cleanliness" to a buckwheat -

skoj beliefs, but on not clear (for Avvakuma) to the reasons disagrees with -

mi

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Old Believers have been forced to disappear from the official power in the remote areas. From the death penalty put by it owing to the law as heretics, they hid in the remote regions of the country, left in woods. They should render habitable new places and to build new models of public ­ relations. Old Believers ­ scooped foundations of economic ethics of the communities ­ from "Domostroja" [249] . On domostroevskomu to an ideal economic ­ independence and the right of defence of own interests is the integral ­ line of a house community. "Domostroj" it is very democratic in definition ­ of "just" kinds of work: « Vsjak is free to be engaged, who in what is capable,­ what the God of possibility will give to a clod » [250] . These domostroevskie have apprehended ideas Old Believers, they have affected high level of diligence of the last, strong family values, the extremely negative relation to the use of spirits. However in process of development of world outlook ­ sights of Old Believers domostroevskie ideas will partially undergo ­ changes to which we will pay attention later.

As the basic regulatory legal act Old Believers at ­
used to know Stoglav [251] , as in this monument of the christian law decisions of Russian cathedrals (Russian, instead of Greek), the supplementing decisions of Universal cathedrals adapting as last, and church dogmas to features of Russian validity have been collected and fixed. We will remind, that in the following on chronology the christian law normative act - Kormchej, - decisions and decisions of Russian ­ cathedrals were not mentioned, as if they at all were not, as the political order for orientation exclusively on ­ the Byzantian sources thus was carried out­. However Old Believers periodically addressed to ­ norms Kormchej of the book (Joseph's patriarchs and even Nikona) which ­ repeatedly republished up to 1917 Strangely enough, not having accepted an innovation ­ of patriarch Nikona, conservatives more than have positively apprehended it Kormchuju and especially additions to it - «Konstantins gift» and article «About Roman otpadenii», - which often used for a substantiation of the sights.

Having considered sources and a world outlook basis of views ­ of protopriest Avvakuma and Old Believers, it is possible to understand is better feature of their ­ politiko-legal sights. So, the question on a parity of the secular and spiritual authorities was one of the questions exciting Avvakuma. Alexey Mihajlovich ­ solved it categorically: he strictly adhered to concept Filofeja in which it is accurately formulated, that the leading position is occupied with the imperial power. Patriarch Nikon, on the contrary, has put a maximum of efforts for the proof of the return - the superiority of "priesthood" over "kingdom". Position Avvakuma is dual. On the one hand, he recognised domination ­ of the tsar, but on the other hand insisted on independence of church of ­ the state that pull together its sights with nikonovskimi.

At first Avvakum worried about the head of the state - the orthodox ­ Russian tsar, misdirected true the patriarch - "villain": «Nikon, blja -
dy the son, has deceived the tsar, three fingers krestitisja were forced, and by it, poor, ­ having listened, the devil was planted to itself on a forehead» [252] , «Nikon mind of the tsar has dulled» [253] .

the Protopriest blinded by anger, did not notice, that the author hated to conservatives of church reform was the tsar, and Nikon - the co-author and ­ the executor. Only in the last years of life Avvakum began to convict and the tsar of troubles of Russian state and church, thus continuing to insist, that patriarch Nikon was the basic source of harm.

Avvakum considered, that, having started reform, the imperial power has betrayed Russia. From here its accusations of this power: «Ali you chaeshi therefore svjaty nyneshnija the authorities, zakonopolozhniki novyja, that those bellies at them are thick, that at cows, yes about heavenly secrets do not understand, ponezhe live in a bestial way, to everyone bezza -

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koniju polzki » [254] .

For this reason Avvakum considered itself above the imperial power and thus justified the insubordination to it. Whether «you see, samoderzhavne, you own on freedom odnoju russkoju zemleju, and to me the son Divine has subdued for temnichnoe sitting and the sky and the earth.» [255] .

At such relation to imperial power Avvakum, certainly, should divide sights of patriarch Nikona about independence of church. «In which rules pisano to the tsar church to own, both doctrines to change, and sacred kadit? Only it should look and preserve from a wolf, ruining eja, instead of to learn, as belief to hold and as fingers to compose. Se bo not tsarevo business, but ­ orthodox bishops and true pastors, izhe the souls believe for herd ­ Christ's, instead of that, I speak, to pastors to listen, izhe are this way and that ready at one o'clock perevernuttsa» [256] . These words Avvakuma are very similar to thoughts Nikona, stated in it «Objections to boyar Streshnevu», protsitiro ­
bathrooms us earlier.

protopriest Avvakum considered the Tsar as the protege of a divine craft, simultaneously underlining its human nature in ­ which force ­ it, as well as all people, only "Christian", instead of the God, therefore should ­ remember always it, serve people and protect them.

Avvakum directly spoke about discontent in Russian society the tsar and its policy, naming Alexey Mihajlovicha «mad tsarishkoj» which ­ can boast before the people only «an axe yes the gallows». ­ The protopriest condemns the tsar that that «voshotel to become the God», that is for ­ excessive vozvelichivanie the imperial person and usurpation by it all Supreme

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Thus Old Believers, and Avvakum in particular, did not call in question ­ sacral character of the government (bogoustanovlennoj and bogopomazannoj). However in their eyes the government has ceased to be reflexion of the power heavenly, and became reflexion of the power devilish [258] .

N.V.Vorobeva notices, that the power ideal in ideology of Russian ­ staroobrjadchestva was showed in four basic moments: perception ­ of the government and the state as a whole as operated «devilish chiefs»; vision of Siberian region as special latent wing ­ Bozhija; workings out of eschatological divinity on a basis «Kirillovoj books», describing coming eleven signs antihrista; with -

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storage rannehristianskoj traditions in religious practice [259] .

On the basis of products [260] remained true to "old" belief av ­
torov in a historiography the conclusion about "antitsaristskoj" and even ­ an "antifeudal" orientation of their polemic became­. Such estimations leave the ­ roots still in narodnicheskie theories about split as about display of struggle of the people for free development of "the beginnings of a communal life» [261] . This concept develops ­ and now, especially historians of the uralo-Siberian school. For example, O.V.Chumichyova notices, that in the name of politiko-legal ideology staroobrjadchestva ­«Russia has received the first direct antitsaristskie programs... Religious ­ movement has turned not only against church bureaucracy, but also against temporal power» [262] .

However we share opinion, that no especially "antiimperial" ideas in compositions of Old Believers of XVII century are present. Alexey Mihajlovicha's recognition ­ the "not true" tsar, the servant or "small horn" antihrista meant only refusal in trust to the given concrete governor, and at all did not mean basic negation of necessity of the imperial power [263] . Thus professor I.B.eagle notices, that though some of old believe ­ eschatological compositions can be estimated as antimonarchic as in them has found reflexion the protest against the ruling tsar and a state system existing at present, but staroobrjadchestvo did not deny ­ the imperial power in general [264] . They were categorically against restriction by the patriarch of the imperial power in what similarity of their representations to Ivan Groznogo's who has proved falling of the Byzantian empire by restriction in it of the imperial power ideas is observed: « The priesthood should not interfere with imperial affairs; business of monks - silence. For there are no kingdoms, which not razo ­
rilis, being in possession of priests » [265] . The majority of leaders of dissenters ­ wrote about the superiority of a kingdom over priesthood and about independence of the imperial power in relation to the patriarch. Conservatives recognised the right of convocation of church cathedrals and the right of active participation in election ­ of clerics with what patriarch Nikon categorically disagreed for the tsar­. ­ However denied at the imperial power of the right of intervention in dogmatic and a tserkovno-teacher's room a church field of activity [266] . According to T.A.Hohlovoj,­ conservatives recognised necessity of existence of the imperial power not out of respect for the institute of a monarchy, and is faster from fear of the changes, thus some (first of all extreme sectarians) acted categorically ­ against a monarchy [267] .

Independence of church of the state Old Believers saw in ­ an incompetence of clerics to secular judges. In the given question they firmly ­ stood on a position fixed Stoglavym by a cathedral: «to Wordly judges svjashchennicheskago a rank not suditi, more low on court privlachati. Idezhe bo ­ svjashchennicheskoe the beginning and the power, and Christianity blagoverija the glory from the Heavenly ­ Tsar is established byst, injustly there is tamo vladeti to the terrestrial tsar, or suditi that» [268] . Such position pull together sights nikonian and Old Believers­.

­ the question on a place of Russia on international scene became the Following question exciting all three camps of Split­. Both the tsar, and the patriarch supported an exit from isolation, active foreign policy, building of huge ­ empire in the centre with Moscow. Thus Alexey Mihajlovich saw itself the tsar of all orthodox, Nikon believed, that the Russian patriarch should be at the head of orthodox empire. Avvakum had absolutely protivo ­
polozhnye sights: the protopriest opposed any dialogue of Russia with the foreign states (except for war for ideas of Orthodoxy or the territories), against perception of the western political and ­ cultural experience. «Those foreigners that know? That veleno it created. ­ Tsar Konstantin, having lost unbelief, have betrayed to a Turk, and my Alexey in madness have supported, kostelniki and shishi Antichrist's, prelagatai, bo - gobortsy!» [269] - the protopriest in the petition to tsar Feodor Alekseevichu was indignant­. With modern to Alexey Mihajlovichu Gretsiej the protopriest urges ­ to cease all intercourses in general, especially to "write off" at «turncoats of belief» books and ceremonies. He notices, that «about Greek vlasteh and their belief present you the tsar know, that at them issjache piety on a prophecy svja - tyh» [270] . Moreover, according to the protopriest, it is necessary to store cleanliness of the native language especially: «You after all, Mihajlovich, a hare, instead of the Greek, - address it to the tsar, - speak the natural language; do not degrade evo both in church, and in to -

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mu, and in proverbs. » [271] .

In Alexey Mihajlovicha's intention to expand border of Russian ­ state and to become the tsar of all orthodox conservatives have seen execution ­ novozavetnogo prophecies on doomsday approach according to which on the Earth in the end of times there will be one huge empire on the area led by antihristom.

So, Avvakum defended national originality, spoke about originality of Russian spiritual culture, about an originality of a historical way of the state, that is it in XVII century sounded ideas which have not lost till now an urgency: the majority of the countries and the people are proud today ­ of the dissimilarity on the others, propagandising «national ­ individuality». It is difficult to disagree with A.Burovskogo's opinion that Russia from the end of XVII century lives from a constant ogljadkoj on others and that the pain ­
shinstvo reforms (since Alexey Romanov's times on XXI century) goes in our country as antinational, there was a stereotype concerning both ideas, and material things, that «all foreign is better oteche -

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stvennogo » [272] .

Protopriest Avvakum mentions one more important politiko-legal problem: a place of the person and a society in managerial process by the state and their role in a country life. Alexey Mihajlovich has solved this problem an establishment ­ of the maximum control over citizens, definitive enslaving ­ of peasants, from reasons of full submission of the person to the tsar with a view of ­ strengthening of own power (really that the person ­ became absolutely obedient, it should be imprisoned). Patriarch Nikon most likely divided sights of the tsar, otherwise he necessarily would state the disagreement, but we do not find reflexion ­ of the designated problem (means, for Nikona it was not a problem as that­) in compositions of the patriarch­­. The position of protopriest Avvakuma represents special interest. Avvakum disagreed with absoljutistskoj treatment of the power and its carrier - the tsar. Temporal power - historically passing institute: Day, when «the God ispraznit differently the heads and vsjaku the power and force» [273] will come. Protopriest Avvakum ­ the given statement at all does not propagandise full anarchy. It opposes the power which is above a society, pressing on it, imposing the will; while the power should proceed from a society, as the power carrier the people should act. All major decisions should be accepted together, collectively, "cathedrally". Then the concept of the power will become obsolete and will turn to other concept, synonymous to "self-management".

the community which is based on rannehristianskih values should be the Basis of Russian fair society, according to Old Believers: to the truth,­ belief, true, love, a brotherhood, equality, generality of work, «it is just ­
sti» riches (that is means should be put in business development, it is a lot of to spend for charity; the main thing that the riches were not end in itself­).

the Political ideal of protopriest Avvakuma was under construction on a principle ­ sobornosti in the organisation state and the church authority. He insisted on compulsion of the permission of all church affairs by the cathedral majority. The Cathedral structure, in its opinion, should include clergymen and laymen. The given scheme was transferred by it and on the temporal power organisation. In this respect conservatives can be considered as adherents ­ of democracy. The term "democracy" was unknown Avvakumu, but if was familiar, for certain constantly would appear in its works. Not casually in XIX century populists often addressed to Old Believers, saw in them base of the movement as the last not in the theory, but in practice of the life knew, that such the people power, self-management, social justice ­ etc.

Old Believers opposed a rigid regulation of a life "from above"­. They refused to understand, why for them the power decision - whether it be the state administration or a church top should make; they were namereny to decide, that for them it is good, and that - it is bad [274] . ­ Old Believers rather unequivocally, rather rejected vigorously any ­ imposing of ideas by it or a way of life; let they defended conservative forms of a life, but it were their norms of a life which they established and

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intended them to dispose [275] .

Intuitively Old Believers gravitated to English model of development ­ of statehood where the head of the state is also the head of church where democratic traditions are strong, the rights and freedom of the person are the higher ­ value. At all their love to olden time it was improbably progressive.

In this respect it is possible to consider Old Believers as the first in history

the domestic law and the state subconscious ideologists of a civil ­ society and, somewhat, a lawful state. Really, is much in common between modern concept of a civil society on the one hand and sights of Old Believers - with another.

Only in a lawful state there is the original civil society consisting of subjects independent of the state, operating ­ within the limits of the law (the independent ­ businessmen separated from the state,­ public associations, movements and other not state organisations, the developed relations of not state patterns of ownership providing independence of specified subjects, etc.). The lawful state in an ideal should be subordinated to a society and carry out only those functions which follow from the nature of the society. It serves a society. All state decisions are accepted by the people in the person ­ demokraticheski the selected representative body and express public ­ interests, instead of interests of ruling and financial elite.

On the basis of the analysis of sights of known Russian lawyers B.N.Tchitcherin, E.N.Trubetsky, G.F.Shershenevicha, N.M.Korkunova and other, modern ­ Russian scientists S.S.Alekseeva, A.B.Vegerova, V.V. Lazareva, S.A.Komarova, A.V.Malko, N.I.Matuzova and others, professor R.H.Makuev ­ does very exact conclusion that the civil society not ­ state-political, and first of all economic, private and personal sphere of ability to live of the people who are in certain difficult, but ­ is natural on the basis of norms of morals and the right the built relations [276] . It should satisfy interests and requirements of citizens, their aspirations to realised freedom and justice; such society cannot be podchi - 277 neno to an ox of ruling elite, the political power or the state [277] .

Similar sights were defended by leaders of old believe movement­. And defended not so much in polemic, how many in practice: lived
on own concepts. Leaving «in split», they based the settlements ­ in Siberia, in the Volga region, in Bryansk woods, in Lithuania, in Cossack areas in the south of the country. The life organisation in communities of Old Believers was built on main principles of a civil society. Here it was possible to see that free, vigorous, active person who should be by definition a primary, atomic particle of a civil ­ society and a lawful state.

the Following significant question is the relation to the right and ­ feature pravoponimanija supporters of three camps of Split. According to Alexey Mihajlovicha, the tsar is «a source of any law», any norm should serve interests of the state in the name of the tsar. Nikon believed, that norms should be scooped from sacred texts, church canons, ­ the Byzantian sources, and thereupon to leave large powers behind ­ the spiritual power in legislative and pravoprimenitelnoj activity. For Old Believers world around division into two parts was peculiar: before reform Nikona and after it, on the people who accepted innovations and have remained true old to ceremonies, etc. the Same dual relation ­ is transferred by them and on perception of the right and the law. The law, in their opinion, ­ shares on divine and established people. Certainly, the first is much more important, and only in it the absolute true is reflected, only it on - the present is fair. To the orthodox person of other law, except ­ divine, it is not required. However, in a society it is not enough truly orthodox people. People are weak before temptations and in the majority ­ some are capable ­ of minor offences, and - on crimes. ­ To provide an order in a society, to constrain persons with misbehaviour, «the human law» should operate. It is necessary to pay taxes, to contain ­ law enforcement bodies, and as a whole to observe all established obligatory rules of behaviour. According to T.A.Hohlovoj, Old Believers ­ deeply respected only divine law, thus recognised necessity of existence terrestrial, and concerned the last easy
and with understanding [278] .

the Important place in a community life was played by the norms regulating personal non-property relations: rules of "decent behaviour» in a society, introductions into marriage, preservations of "cleanliness of belief», the intercourse with inovertsami, and others. Special attention gave to property right protection so many old believe families the work could earn impressive ­ conditions: Russian staroobrjadchestvo has given a vivid example of working out ­ of the economic ethics which have provided for certain group of the population ­ of achievement of a standard of well-being, considerably exceeding average on the country [279] . Old Believers differed special diligence and enterprise ­ therefore in their environment there were whole clans very much ­ men of means. The private property was considered inviolable, material benefits were considered by display of the Divine good fortune.

that fact Is interesting, that to the beginning of XX century became obvious, that the most part of Russian businessmen - Old Believers. They have appeared ­ the most active, most enterprising part of national bourgeoisie: ­ Miljukovy, Guchkovy, prohorovy, Soldatenkovy, Grachevs, Rjabushinsky, Tre - tjakovy [280] . 64 % of all commercial and industrial population of Russian empire ­ had ancestors-Old Believers. Only merchants-Old Believers were able to run business so, that superseded from trade of Germans, Armenians and Jews [281] .

the Considerable part of succeeding merchants, and then and industrialists were Old Believers, they and were the most generous of the philanthropist - mi [282] . Known Swedish lawyer E.Anners wrote: «the History of the business world of Russia initially shows, that only equal partner relations of businessmen and the state lead to national economy stabilisation, formation of qualitatively new economic environment capable adek ­
vatno to perceive market institutes. At the same time national ­ features, in particular creed questions, throughout many ­ centuries created special type of the business behaviour, helping to keep and increase kinds traditional for the country and the form of enterprise activity» [283] .

Conservatives strictly regulated an intracommunal life: sale of a hard liquor has been limited, gamblings, no less than representations of buffoons - national shutovskie plays, usually anticlerical ­ and obscene simultaneously [284] are forbidden­. Protopriest Avvakum names the persons, suffering predilection for alcohol, for gluttony, for fornication and fun,­ zakonoprestupnikami, and notices, that that not only in the next century prepared a hell, but also in a terrestrial life they and their families will not get any moral and material benefits; it is necessary to release time for work, instead of «to revel intoxicated pitija and lenostiju to suffer» [285] .

In compositions of protopriest Avvakuma it is possible to notice and its relation to legal proceedings. So, Avvakum criticised both the tsar, and the patriarch that both judge objectionable it of persons "soon", without trial and at own discretion, ignoring fair and "just" court, trampling «the law chelovech and Divine» [286] . From this follows, that Old Believers gave a priority to the rights and freedom of the person, believing, that nobody can be made ­ accountable without the sufficient bases on that, in litigation the true on business should be established: haste, bias, bias here are unacceptable.

Old Believers have reached in the ideas about a social system comprehension of necessity of a regulation of a life under laws, to thought on that,
that submission of the state to a society is carried out, first of all, ­ by means of laws what exactly laws put frameworks of activity of the state, limit an arbitrariness of the authorities. They understood, that any socially significant ­ decision, any law should proceed from the society.

it is considered One of known brakes of development of Russian state and the right long existence of serf relations. Thereupon that fact is expressive, that country division on ­ ofitsialnopravoslavnuju and old believe approximately coincided with its division into the serf and not serf of a part. There, where the serfdom ­ was especially strong, the old belief has been eradicated without the rest [287] . Absence ­ of the serfdom was one of the progressiveness reasons ­ politikopravovyh sights of Old Believers, a high level of development of business ­ among conservatives.

In the conditions of serf Russia XVII century in which all economic activities have been perverted and deformed by state intervention ­ where bases of economic ethics have been loosened, in this Russia ­ staroobrjadchestvo it appeared the spiritual community, capable to keep and restore a basis of economic ethics without which transformation ­ of business into hereditary employment is impossible,­ after all without moral ­ base the aspiration to a profit very easily degenerates in criminal deja - telnost [288] .

Politiko-legal sights of Old Believers were rather interesting under the maintenance, but the form of their expression had an essential lack. They did not have not enough sequence, validity and political cunning for an embodiment during a life of the reformatory ideas. Weakness of the political ­ concept of protopriest Avvakuma (no less than other representatives staroobrjadchestva) consisted that it did not prove the ideas logically,
it is consecutive, rational, and preached them, appealing to feelings, instead of to reason.

For example, in the fifth petition to tsar Avvakum writes: «That there is our heresy or ky split we in church, jakozh bljadoslovjat about us nikonijanja, naritsajut dissenters and heretics. And predotechami the Antichrist's? Not postavi it the Lord of this sin, not vedjat bo bednii, that create. You derzhche, court podymeshi about these everything, izhe are that it derznovenie podyvaj on ny. Not vemy in itself to a trace of heresies which spare us the Son Divine from it is that nechestija and henceforth, nizh raskolstva: the God the witness both Prechistaja the Virgin and vsi svjatii! Ashche we dissenters and heretics, and vsi svjatii our fathers and prezhnii tsars blagochestivii, and svjatejshija patriarchs takovi an essence» [289] . And hardly notices about supporters Nikona more low: « They are silly vet, fools, bljujut and on the God nechestivyja verbs; the grief it, poor, will be » [290] . The thought of the protopriest ­ is clear: he does not agree that and colleagues convict him of ­ Split kindling in a society. But any argument, the weighed argument to own advantage does not result.

In the first petition to tsar Avvakum so emotionally states ­ the relation to "zatejkam" Nikona and warns a sovereign about ­ possible consequences of its policy: «And my soul prijati evo novels lawless not hoshchet. And in revelation mi from the God byst se, jako merzok it before the God, Nikon. Ashche also flatters you, a sovereign-light... But has ruined yours in Russia all gosudarevy people dusheju and a body, and wanting evo laws novyja at - jati on terrible court will have a reputation nikonijanja, jako drevnii arianja. The Christ he, Nikon, does not profess, in a flesh prishedsha... And cross addition in persteh destroys, and the true throwing in pokloneh cuts, and many heresies people Bozhija and yours has filled. Oh souls to my mountain!. Time to postpone diurnals new and all evo, Nikonovy, zatejki the bad!. potshchisja, a sovereign, istorgnuti
malicious evo and the fatal doctrine, donezhe final poguba on us not priidet, and fire with nebese or mor ancient and other malicious has not comprehended us» [291] .

Characterize Avvakuma and methods of conducting polemic. It ­ was absolutely unreceptive to another's opinion. To convince him in something ­ it was impossible. From all arguments which have been urged to shake confidence Avvakuma of its correctness, it has acquired only one, namely - the copyist ­ is not guaranteed against errors and consequently among church books is wrong - "spoilt". The conclusion from this Avvakum has made to own advantage - time opinion of the counter party does not coincide with opinion Avvakuma, means, ­ the opponent has got data from any wrong list. He perceived ­ itself(himself) as the teacher and provided to itself a position attacking and smashed far-outers as malicious heretics [292] . Distinctly characterises Avvakuma ­ an episode which was taking place in a Siberian exile. The zealous protopriest has wished ­ death the Cossacks going on fight with foreigners and asked the God about their defeat only so that the prediction of the shaman promising to them an easy victory [293] has not come true.

In late letters and messages Avvakum does not depart from ­ emotsionalnooblichitelnyh statements, on the contrary, in them appears even more ­ fervours; so, to tsar Feodor Alekseevichu Avvakum writes: «Pervo Nikona,­ a dog, rassek nachetvero, and then and nikonijan» [294] . Nikon at Avvakuma and "pig", and «bljady the son», and «the favourite forerunner Antichrist's».

As show researches of historians and philologists, contradictions pretty often meet in old believe texts. It turns out, that conservatives did not reflect at all on any harmonous concept, and the criticism reduced to "obruganiju" where supersharp tone of criticism replaced veso - 295 most arguments [295] .

It is necessary to note evolution of sights of Old Believers. We paid attention, that initially they considered as the basic opponent ­ patriarch Nikona and did not connect changes in a life of a society and the state with ­ activity of a "just" and "pious" sovereign. Then Old Believers have decided, that Alexey Mihajlovich is bewitched by dark forces (materializatsiej ­ which was, from their point of view, Nikon), and have led struggle for "rescue" of the tsar. When this struggle has not brought success and it became clear to leaders of Old Believers, what exactly the tsar is the initiator of church reforms the part was consiliated with the power, recognising new ceremonies (Ivan Neronov, abbot Feoktist,­ Gerasim Firsov, etc.), other part (pustozerskie prisoners, inok Avra - amy, solovetskie monks, etc.) On the contrary, - began to consider the tsar as the enemy of "true" belief and even, according to one of the most consecutive "raskolouchitelej" deacon Feodor, as «a small horn Antichrist's» [296] . Thus it is not necessary to forget, what not the monarch as the head of the state was convicted by Old Believers,­ and only concrete persons on the Russian throne: Alexey Mihajlovicha,­ Peter the Great, Anna Ioannovnu (in a word with whom ­ waves of persecutions and oppressions are connected).

Then, in evolution of sights of Old Believers deviation from ideas "Domostroja" was outlined. For example, in such important question as soul rescue, they have refused social understanding of the rescue reflected in ­"Domostroe", and have come to a principle of individual rescue. Thus some ­ Old Believers have apprehended such individualization as full rupture with the world: insubordination to the state, church abolition as organisation and accordingly priests, - as a result rescue depended on separately taken person. Other part of conservatives (so-called "orthodox") ­ individualised itself as the group, contrasted to the state and official church. They adhered to ideas Avvakuma that the power has changed to idea about Moscow as about the Third Rome, therefore Russian state
is threatened with  destruction, and they can be rescued only - not changed to ancient ­ Orthodoxy. They should build the new state with the new power, the legal system, at last, church. The life organisation in their community - ­ original model of such future state in which church - independent ­ institute, moreover, the church acts as the separate and independent ­ source of the power limiting the state arbitrariness.

Thus, we have approached to one more result of evolution of their sights­: split in the most old believe movement. As a result of ­ contradictions concerning relations with the state and official church, managements of a community, specificity of the norms regulating public ­ relations, the organisations of divine services there were some currents staroobrjadchestva­: popovtsy (so-called orthodox Old Believers), ­ subdivided into the Belokrinitsky consent and Beglopopovtsev, and also bezpopovtsy (the Vygoretsky monastery, netovtsy, Fedoseevtsy, and others).

is considered to stop necessary on such important point, as an identification of old believe camp in Split with Reformatsiej in Europe­. Really, movement of Old Believers and its leader of protopriest Avvakuma identify with Reformatsiej and its inspirer M.Luther (we will remind, that patriarch Nikon compared to Luther of the composer Cathedral Ulozhenija prince N.I.Odoevsky). T.A.Hohlova compares Old Believers to ­ Protestants, and specifies in that fact, that the countries in which protestantizm became the state religion, are today in number most economically ­ developed, no less than communities of Old Believers in Russia were samples ­ of development of business and a concentration of riches [297] .

Professor S.A.Zenkovsky notices, that on the spiritual both ­ psychological data and a warehouse of religious talent Avvakum was a figure equal on size such is religious to the presented founders of churches what were Luther and Calvin in the West or Magomet almost for you ­
sjachu years to them in the east [298] . For Avvakuma the main motive of its struggle there was a doubtless fidelity to the God and religious ideals as he ­ understood them ­ in the light of Russian church tradition [299] . In this respect its role in staroobrjadchestve is very close Luther's to role in history German ­ protestantizma which, having followed religious appeals of the leader, quite often ­ has been obliged by the success absolutely another, is far not to religious aspects ­ German reformatsii. Differently, for Avvakumom did not stand «top - managers», capable to advance its idea at nation-wide level. On the contrary, the temporal power persistently bent the line aside ­ absoljutizma, to recede from it did not gather at all, and Avvakum, with the civil-law Utopia and appeals to the international isolation ­ of Russia, in developed istoriko-political situation obviously ­ was not entered.

Mutual relations of Old Believers with the government were under construction under the scheme accepted from both parties: persecutions were natural, ­ explainable and even a necessary component of an old believe picture of the world from the end XVII till XX century, from the action power too were ritualizirovany ­(burning of old books and icons, prosecutions, tortures) [300] . The Government ­ positioned itself as the successor of the power of the Roman emperors,­ and conservatives felt themselves as almost sacred martyrs - persecuted ­ Christians of the first centuries of Roman empire. Professor V.I.Jasevich-Borodaevsky speaks: «Old Believers never were enemies of Russia, on the contrary, they always declared themselves active figures in affairs blagotvorenija ­ and the help during every possible disasters of the native earth» [301] . And further briefs: « Staroobrjadchestvo - the progressive phenomenon. Official tser ­
kov became the accomplice of sins of the government, the temporal power tool. Even secret of a confession since Peter I times have turned into the investigation tool » [302] .

In the conclusion we will note, both Old Believers on the power and a society it is possible to consider sights Avvakuma as the most progressive, but, unfortunately, premature for XVII century. The extreme conservative on belief,­ Avvakum was the obvious representative of New time.

Will pass more than two hundred years before the government ­ will consider all pluses of the organisation of a life, political and legal views of Old Believers. Already on a decline of Russian monarchy in item 6 of the Decree to the Senate «About outlines to improvement of the state order», ­ signed on December, 12th, 1904, the emperor ruled «to subject to legalisation revision about the rights of dissenters, and is equal the persons belonging to inoslavnym ­ and inovernym to confessions, and irrespective of this to accept nowadays administratively corresponding measures to elimination in ­ their religious ­ life of everyone, is direct in the law not established, constraint» [303] . ­ The short story of the mentioned Decree consisted in the intention stated by the power ­ to change a legal status of Old Believers. Only in the conditions of internal political crisis of the power worried by the country have dared to support ­ Old Believers as they were imposed by their monarchic liking, ­ conservatism and discipline. For example, S.JU. Vitte responded about ­ Old Believers as about «the most devoted to Russian beginnings and Orthodoxy in ­ correct sense of a word of a part of Russian people» [304] . The power ­ looked narrowly two hundred years ­ at them, as a result having considered in Old Believers stability pledge.

It is paradoxical, that at all aspiration to the olden time, reflected even
in the concept "Old Believers", they on the politiko-legal ideas were close to the progressive West. Other paradox consists that conservatives and their leaders of the ready formulated statements ­ concerning legislative and pravoprimenitelnoj actually have not left activity of the state and own offers. However from the analysis of a life of their communities it is possible to collect a material about effective standards, about ­ a legal status of the person, about sense of justice of Old Believers.

Thus, on the consciousness Old Believers were close ­ to the modern person: active, enterprising, highly appreciating ­ democratic principles and a personal freedom, and also standing on a firm position of protection of a private property. It is necessary to guess only as these people, not differing erudition, could come already in XVII century to those ideas about a society organisation and the states which ­ become extremely popular and claimed now.

Under the maintenance of politiko-legal ideas Old Believers much more ­ overtook time, under the form of their realisation in practice - lagged behind, as searched for ideals in olden time, preferred to leave from the world, instead of to bear in it the ideas, were extreme conservatives. Even the concept "Old Believer" ­ has been adhered to the person for "form" as it first of all is evident. At deeper approach becomes obvious, that before us people with the progressive consciousness, the first in domestic ­ history of law and the states ideologists (let at subconscious level) ­ a civil society and a lawful state.

Thus, estimating political and legal sights of ideologists of Split, it is possible to conclude, that most precisely corresponded to a spirit of the age ­ of representation of Alexey Mihajlovicha. For patriarch Nikona ideal under the form the theocratic state with ­ christian law domination ­(from here and its attempts to change Cathedral Ulozhenie Kormchej the book) was represented­. Similar ideas for second half XVII century were irrelevant. Ideas of Old Believers about a civil society and original de ­
mokratii (in their understanding - "sobornosti"), about the control from members of society over temporal power and church activity, about private property institution and business development, on the contrary, were too progressive for the Russia which only have entered during an epoch absoljutizma.

In struggle of three camps of Split overweight was obvious on the party of the state ­ in the name of the monarch. Politiko-legal ideas of temporal power in bolshej degree met the requirements of time. Besides the state was gradually trained in skills of struggle by legal methods, leaving from «emotional barrackings» - a favorite method both Avvakuma, and Nikona, - that also has affected its victory in Split.

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A source: Vodopjanova Marina Viktorovna. Political and legal sights of ideologists of Split in Russia XVII centuries. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

More on topic § 3. Politiko-legal sights of protopriest Avvakuma and Old Believers:

  1. 1.4.1. «Gargantjua and Pantagrjuel» and «life of protopriest Avvakuma»
  2. the CHAPTER II. POLITIKO-LEGAL SIGHTS of LEADERS of THREE CAMPS of SPLIT
  3. Chapter 1. The General characteristic of sights at justice in politiko-legal doctrines
  4. Pravoponimanie in history History of politiko-legal politiko-legal thought.
  5. § 2. Politiko-legal obstacles in creation of international legal definition of terrorism
  6. § 1. Sights at legal hermeneutics in works of the Soviet scientists
  7. § 1. Evolution of politiko-legal thought on the maintenance and the form of tax function of the state
  8. § 1. Politiko-legal institutes as tools of tax decentralisation
  9. § 1. Politiko-legal institutes as tools of tax decentralisation
  10. Politiko-legal essence and system of religious offences in legal thought of Russia
  11. the CHAPTER III. The ROLE of OPPOSITION of POLITICAL And ­ LEGAL SIGHTS of IDEOLOGISTS of SPLIT In the SUBSEQUENT DEVELOPMENT of the STATE And the RIGHT of Russia
  12. CHAPTER 1. FORMATION OF LEGAL SIGHTS AND. RAJNAHA AND CONCEPTUAL POSITIONS OF ITS DOCTRINE ABOUT THE RIGHT