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old custom is still preserved in the fact that the bride's father
receives from the bridegroom a gift in money; varying from one to
six ducats; according to the fortune of the giver。
Wives were also bought and sold among the Slavonic tribes of
Austria。 According to an old usage of the Loujichan; a Slavonic
people inhabiting certain districts of Hungary; the bridegroom;
on entering the homestead of his bride; apostrophised the father
thus: 〃Pray do tell me if you have a cow to sell? 〃 A Bohemian
wedding…song puts into the mouth of the bridegroom's best man the
following sentence: 〃Please deliver to me the bride。 I will give
you a good price for her。 The only reason I have for being here
is that I may pay you in heavy thalers。〃 No longer ago than the
beginning of the last century; young men wishing to marry were in
the habit of going to the fair at Krasni Brod; where unmarried
women and widows; surrounded by their relations; awaited their
coming。 Each chose the woman he liked best; covenanted with her
parents as to the amount of money to be paid for her; and
proceeded to the ceremony of marriage。 Polish wedding…songs also
mention the custom of buying wives。
In Posnau the following ceremony is still observed on the
occasion of a betrothal: The bridegroom puts a small piece of
money on the shoes of his bride; another on her knee; a third on
her shoulder; a fourth on her head。 It is only when this ceremony
has been performed that the father delivers the maiden into the
hands of her future husband。
I have already mentioned the fact that the Payment made in
Old Russia by the bridegroom was known under the name of veno。
The true meaning of this word is revealed by the use which is
made of it by the translators of the Scriptures。 In a Slavonic
version of the words addressed by Jacob to Laban; when he asked
him for the hand of his daughter Rachel; the translators write as
follows: Increase the sum of the veno as much as you like and I
will pay it to you; and you shall give me this maiden to
wife。(11*)
In modern times the veno is mentioned only in certain wedding
songs。 Another term; kladka; has replaced it in most parts of
Great Russia。 This payment; amounting in certain parts of Russia
to the sum of one hundred; and even of two or three hundred
roubles; is made to the father of the bride。 As a rule; the
father disposes of the money in favour of his daughter; for he
gives her as dowry a larger or smaller sum; according to what he
has received from the bridegroom。 But this fact cannot be brought
forward as a proof that the kladka belongs by right to the bride。
In more than one commune of the government of Tamboy; Riasan;
Vladimir; Moscow; Samara and Saratov; no mention is made of the
dowry given by the bride's father; whilst the kladka is
regularly paid to the head of the family to which the bride
belongs。(12*) We must therefore consider these two payments; that
made by the bridegroom; and that made by the bride's father; as
quite different institutions。 The one payment proves the
existence; at least in certain parts of modern Russia; of a mode
of marriage similar to that of the Indian Asura; the other shows
the way in which the pretium emptionis; to employ a term of Roman
jurisprudence; passed into the dos or dowry。 The custom was the
same as that followed by the Germanic tribes。 In saying this I
have particularly in view Tacitus's statement about the payment
made by the bridegroom at a marriage; and the more recent fact of
the conversion of this payment into a dowry given by the bride's
father。
That in former days in Russia wives were regularly bought
from their parents is plainly recognised by the wedding…songs
still in use among our peasants。
The boyars; a term by which people designate the companions
or followers of the bridegroom; who on his part is called 〃the
duke;〃 kniaz; the boyars; says a wedding…song of the Government
of Saratov; 〃surround the yard of the bride's house on all sides;
they bargain for our Douniascha。〃
〃The boyars have covered the ground with gold;〃 sing the
country people of White Russia。
The bridegroom is very often mentioned in the songs of the
peasants of Great Russia as the 〃merchant;〃 whist the bride is
spoken of as 〃merchandise。〃 In the Government of Jaroslav; for
instance; the bride; following an ancient usage; complains of the
treatment to which she will be subjected; saying that 〃unknown
merchants will take her away from her father and her dear
mother。〃(13*)
Now that we have carefully passed in review the different
aspects under which matrimonial relations have been viewed; or
still are viewed; by the country people of Russia; we may be
allowed to say; that Russian ethnography quite corroborates the
theory as to the evolution of marriage which English scholars
were the first to establish。 The author of 〃Primitive Culture;〃
as well as the great and powerful genius who has so marvellously
continued the work of Auguste Comte; and lastly the numerous
followers of the man; whose studies in ancient history have
unveiled for us the mysteries of the early family will; I have no
doubt; be pleased to see their views confirmed by the early law
and the still living custom of one of the principal branches of
the Aryan race。 Nothing more; it seems to me; is wanting to the
modern theory of the matriarchate than a solid base of historical
facts。 So long as obscure myths and the more or less superficial
observations of missionaries and tourists constituted the
materials for a theory whose chief purpose is to show us the
social state of our most remote ancestors; objections like those
of Sir Henry Maine or Mr Starcke found a ready ear。 The fact that
among the Kamilaroi and the Kuruai the right of the husband is
ignored; does not necessarily imply that our ancestors had no
notion of marriage and the patria potestas; and the numerous
Greek myths on which Bachofen has established his hypothesis of
any early Greek gyneocracy may possibly belong to the number of
those wandering legends on which it is very difficult to found an
opinion as to the social state of this or that particular people。
Consult the 〃Sociology〃 of Herbert Spencer; and especially
the chapters in which he treats of the early forms of marriage;
and you will; I am sure; be surprised at the discovery that
scarcely any mention is made of the legal antiquities of peoples
belonging to the Aryan race。 This is a serious defect; and the
sooner it is remedied the better。 Some measures have already been
taken to this end by the modern school of German jurists who;
under the able guidance of Professor Kohler; publish a most
interesting periodical call ed the Zeitschrift fur die
vergleichende Rechtswissenschaft。 It is with an object similar to
theirs that I have undertaken my researches in the vast field of
Slavonic law and custom。 What I have said about it in this
lecture; little though it has been; may; perchance; induce some
of you to undertake fresh studies in this region which is still
so little explored。 I can promise all who will venture; the most
abundant and happy results。
NOTES:
1。 The last time in an article on the patriarchal family
published in the Quarterly Review。
2。 Compare Lange; 〃On the Mutual Rights; according to Old Russian
Law; of Husband and Wife as regards Fortune。〃 Petersburg; 1886。
3。 〃Das Landrecht von Kloster。〃 (XVIc。) ed。 by Mohr。
4。 Smirnov; 〃Sketches of Family Relations according to the
Customary Law of the Russians〃 (Moscow; 1877) pp。 105; 106。
5。 Ivanischev; 〃Dissertation on the Rights of the Individual
according to the Old Laws of the Bohemians。〃 Complete Works; p。
92。
6。 Ribnikov; 〃The Songs of the Russian People。〃 vol。 i; p。 64。
Kirscha Danilov; 〃Old Russian Poems〃 pp。 9 and 70。 Afanasiev;
〃Tales of the Russian People。〃 vol。 i; p。 484。
7。 〃Antiquarische Briefe;〃 1880; p。 167。 McLennan; 〃The
Patriarchal Theory;〃 ch。 vi。 p。 71。
8。 Afanasiev 〃Folk…tales〃 vol。 i; pp。 211; 212。
9。 Schein; 〃Songs of the White Russians。〃
10。 Tereschenko; 〃Social Life of the Russians;: vol。 iv; p。 280。
11。 Genesis; xxix。
12。 Lange; p。 86。
13。 Titov; 〃Customary Village Law。〃 Nicola Perevos in the
District of Rostov (Jaroslav; 1888); Appendix N。 5。