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Modern Customs and Ancient Laws of Russia
by Maxime Kovalevsky
1891
Lecture I
The Matrimonial Customs and Usages of the Russian People； and the
Light They Throw on the Evolution of Marriage
The wide historical studies pursued by members of the
University of Oxford necessarily include the study of the
Slavonic race。 The part which this race is beginning to play in
the economic and social progress of our time； and the
considerable achievements which it has already made in the fields
of literature and science have attracted the attention even of
those nations whose political interests are supposed not to
coincide precisely with those of the Slavs。 The Ilchester
Lectures were； I believe； founded in order to make known to
Oxford students the present and past of this undoubtedly Aryan
branch of the human race。 A good deal of work has already been
done by my predecessors。 Professor Thomson； of Copenhagen； by his
careful study of the Norman origin of the Russian State； has
greatly contributed to unveil even to Russians the mystery of
their far…distant past； while Professor Turner； in the course of
his brilliant lectures last year； made you acquainted with our
best modern novelists。 I do not know if my friend； the late Mr
W。R。S。 Ralston； ever lectured in the Taylor institute； but the
accurate and lively accounts he has given of Russian epic poems
and popular tales were undoubtedly written under the influence of
the same feelings as those which inspired the founder of these
lectures。
In England the works of Ralston were the first to deal with
the vast field of Slavonic； and more especially of Russian；
folk…lore。 His chief endeavour was to show the great amount of
information which the unwritten literature of Russia contains as
to the early stages of religious development。 But Russian
folk…lore may interest a lawyer as well as a mythologist； its
study may enrich comparative jurisprudence with new material not
less than comparative mythology。 It can no doubt unveil more than
one mystery concerning the early state of European family law；
and the various modes in which land was held by our remotest
ancestors。 The first stages in the history of political
institutions； and more particularly the part which the common
people were called upon in old days to play in the management of
public affairs； can be illustrated by the history of Russian
folk…motes and Russian national councils； much better than by
reference to the short notices left by Caesar or Tacitus of the
popular assemblies of the Germans。 Russian serfdom； and the
history of its abolition； may also be instructive in more than
one point； even to those whose chief purpose is to study the
origin； the growth； and the abolition of personal servitude in
England； France； or Germany。
When I look to the great importance of the modern customs and
ancient laws of Russia as regards the comparative history of
institutions； I confidently hope to meet on your part with the
indulgence which the lecturer needs who addresses his audience in
a foreign tongue。 I think that the study of Russian legal
antiquities may to a certain extent be considered as a necessary
appendage of those exhaustive inquiries in Indian and old Celtic
institutions for which we are indebted to one of your most
celebrated writers； the late Sir Henry Maine。 I feel the more
pleasure in mentioning his name； as it was by him that my first
works in the field of comparative jurisprudence were inspired。
His lectures have found readers in the remotest parts of the
world； and have suggested to more than one foreign scholar the
idea of re…writing the legal history of his own country。
Although recognising in him the chief representative of the
legal school to which I belong； I shall more than once put
forward theories which are altogether opposed to his： such an
occasion presents itself at once in the study of early Russian
family law。
This study will； I have no doubt； throw a clear light on the
earliest period in the evolution of marriage that of the
matriarchate。 I insist the more on this point because in England
an opinion has been expressed that the customary law of Russia
might be expected to give another illustration of the general
prevalence of the patriarchal family even in the first stages of
social development。 Sir Henry Maine has more than once（1*）
expressed this opinion； and has found confirmation for it in
certain quotations made chiefly from the well…known works of
Haxthausen and Mackenzie Wallace。 Both these authors； making a
large use of the rich ethnographical literature of Russia； have
correctly described the prevailing system of Russian joint
families； or house communities； and their account may be taken
generally as a good illustration of the old patriarchal family of
the Germans and Celts。 But neither of them had any opportunity of
studying in detail the numerous survivals which we still find of
a state of things which had nothing in common with agnatism； or
even with a firmly established 〃patria potestas。〃 Such was not；
after all； the purpose that they had in view。 Theirs was the
study of contemporary life in Russian society； and the question
of the primitive state of family relations in Russia cannot be
settled by reference to works which do not deal with the subject。
Sir Henry Maine was also misled in his survey of Slavonic
family law by the well…known Bohemian or Czech poem； 〃The Trial
of the Princess Liuhouscha。〃 This poem he quotes at great length；
and he states that it leaves no doubt as to the existence of a
sort of undivided family or house…community in the most remote
period of Bohemian history。 Unfortunately； the poem on which he
builds his conclusion is now unanimously declared both by
Slavonic and German scholars to be a forgery by the well…known
Bohemian philologist； Hanka。 It is clear； therefore； that the
whole of his theory； so far as it deals with Slavonic law and
usage； is based either on facts which concern modern times alone；
and have nothing to do with ancient times； or on documents
manifestly false。
Now let us see what evidence we possess as to the character
of early Slavonic family law。 We shall first give our
authorities； and then proceed to draw our general conclusions。
The earliest evidence which we possess as to the social
relations of the Eastern Slavs； whose confederacy was the
beginning of the Russian State； is contained in the so…called
Chronicle of Nestor。 Nestor is supposed to have been a Russian
monk of the eleventh century。
Contrasting the mode of life of the most civilised Slavonic
nation； the Polians； who were established on the banks of the
Dnieper； with that of the more barbarous tribes of Russia；
Nestor； or perhaps it is better to say； the unknown author of the
Chronicle which bears this name； states as follows （I translate
literally）： 〃Each tribe had its own customs； and the laws of its
forefathers and its own traditions； each its own manner of life
（nrav）。 The Polians had the customs of their fathers； customs
mild and peaceful （tichi）； they showed a kind of reserve
（stidenie） towards the daughters of their sons and towards their
sisters； towards their mothers and their parents； towards the
mothers of their wives； and towards the brothers of their
husbands； to all of the persons named they showed great reserve。
Amongst them the bridegroom did not go to seek his bride； she was
taken to him in the evening； and the following morning they
brought what was given for her。〃
〃Another Slavonic tribe； the Drevlians； according to the same
chronicler； lived like beasts； they killed one another； they fed
on things unclean； no marriage took place amongst them； but they
captured young girls on the banks of rivers。〃
The same author narrates that three other Slavonic tribes；
the Radimich； the Viatich； and the Sever； had the same customs；
they lived 〃in forests； like other wild animals； they ate
everything unclean； and shameful things occurred amongst them
between fathers and daughters…in…law。 Marriages were unknown to
them； but games were held in the outskirts of villages； they met
at these games for dancing and every kind of diabolic amusement；
and there they captured their wives； each man the one he had
covenanted with。 They had generally two or three wives。〃
I have tried to give you the nearest possible translation of
this old Russian text； the interpretation of which； however；
gives rise to certain difficulties not yet quite settled。 I will
now classify； to the best of my power； the various facts which we
can infer from this text。 First of all； it establishes the fact
that marriage in the sense of a constant union between husband
and wife； was not a general institution among the Eastern Slavs。
With the exception of the more civilised Polians； no other tribe
is stated to have any notion of it。 Of course this does not mean
that all alike were entirely ignorant of the meaning of family
life。 It only weans that their mode of constituting a family did
not correspond to the idea which the author； who； as we have
said； was a monk； entertained as to matrimonial relations。 The
Radimich； Viatich；