Yet the theory of their holding was, that the peasant held his land of the crown; even as the boyar held his land of the crown. A bargain was made between two consenting parties--peasant and noble--under the authority of law, for their mutual dealing with a certain estate--consisting (say) of land, lake, and forest, with the various rites attached to ownership--hunting, shooting, fishing, fowling, trespass, right of way, right of stoppage, right of dealing, and the like. It was a bargain binding the one above as much as it bound the one below. If a serf could not quit his homestead, neither could the lord eject him from it. If the serf was bound to serve his master, he was free to save and hold a property of his own. If local custom and lawless temper led a master to fine and flog the serf, that serf could find some comfort in the thought that the fields which he tilled belonged to himself and to his commune by a title never to be gainsaid. A peasant's rhyme, addressed to his lord, defines the series of his rights and liabilities:
"My soul is God's, My land is mine, My head's the Tsar's, My back is thine!"
A likeness to the serf may be found in the East, not in the West. The closest copy of a serf is the ryot of Bengal.
Down to the reign of Peter the Great the system went on darkening in abuse. The overseer of serfs became the owner. In lonely districts who was to protect a serf? I have myself heard a rustic ordered to be flogged by his elder, on the bare request of two gentlemen, who said he was drunk and could not drive. The two gentlemen were tipsy; but the elder knew them, and he never thought of asking for their proofs. A clown accused by a gentleman must be in the wrong. "God is too high, the Tsar too distant," says the peasant's saw. In those hard times the inner spirit overcame the legal form; and serfs were beaten, starved, transported, sold; but always in defiance of the law.
Peter introduced some changes, which, in spite of his good intentions, made the evil worse. He stopped the sale of serfs, apart from the estate on which they lived--a long step forward; but he clogged the beneficial action of his edict by converting the old house-tax into a poll-tax, and levying the whole amount of tax upon the lord, to whom he gave the right of collecting his quota from the serfs. A master armed with such a power is likely to be either worse than a devil or better than a man. Peter took from the religious bodies the right, which they held in common with boyars and princes, of possessing serfs. The monks had proved themselves unfit for such a trust; and as they held their lands by a title higher than the law can give, it was hard for a convent serf to believe that any part of the fields he tilled was actually his own.