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all those who asked for them。 Very frequently; also; the parents
of the bride are insulted by having yokes made of straw;
previously besmeared with tar and dirt; placed by force on their
necks。 
    The reciprocal rights and duties of husband and wife
according to Russian customary law; and the position of children
as regards their parents; are the next topics I intend to discuss
in the present lecture。 
    The husband is acknowledged to be the master of the woman he
has married。 〃The wife is in the power of her husband;〃 so runs
the common saying; and the fact of her complete subjection to his
will is illustrated by certain symbolical acts performed at the
time of the wedding。 The bridegroom; while he is leading his
bride to her future home; gives her from time to time light blows
from a whip; saying at each stroke: 〃Forget the manners of thine
own family; and learn those of mine。〃 As soon as they have
entered their bedroom; the husband says to his wife; 〃Take off my
boots。〃 The wife immediately obeys her husband's orders; and;
taking them off; finds in one of them a whip; symbol of his
authority over her person。 This authority implies the right of
the husband to control the behaviour of his wife; and to correct
her every time he thinks fit; not only by words; but also by
blows。 The opinion which a Russian writer of the sixteenth
century; the pope or priest Silvester (the author of The
Domostroy); expressed as to the propriety of personal
chastisement; and even as to its beneficial effects on the
health; is still shared by the country people。 In more than one
popular song the wife is represented as bitterly complaining of
the indifference of a husband who never on any occasion gives her
a good beating。 〃I thrash those I love best;〃 says a well…known
Russian proverb。 The customary Court seems to admit the use of
such disciplinary proceedings by not interfering in the personal
relations of husband and wife。 〃Never judge the quarrel of
husband and wife;〃 is a common saying; scrupulously observed by
the village tribunals; which refuse to hear any complaint on the
part of the aggrieved woman; at least so long as the punishment
has not been of such a nature as to endanger life or limb。 Where
that is the case; the offender may be condemned to imprisonment;
and the outraged victim allowed to retire for a time to the home
of her parents。 The customary law has; however; taken effectual
measures for the protection of the wife's fortune。 That husband
and wife should each have entirely distinct property; with sole
control over it; is still the leading principle at least in Great
Russia。 In the provinces which; like those of Little Russia; have
been for centuries subject to the statute of Lithuania and the
municipal law of Magdeburg; the system of a partial community of
goods has prevailed。 According to the customary law of Kiev;
Poltava; and Chernigov; a widow has a right to the third part of
the fortune left by her husband。 in former times this third part
was a sort of pledge for the security of the dowry of the wife。 
    A few words will suffice to give a general idea of the
dependence in which the children are placed as regards their
parents; and more especially their father。 The patriarchal
character of the Russian family plainly appears in the fact that
no amount of bad treatment on the part of the parents justifies
an appeal to the village tribunal; unless it involves danger to
life or limb。 In such cases; the nature of which makes it
difficult to establish the facts before a Court of Law; the
further maintenance of the child is generally committed to some
near relative。 
    The complete dependence of the children upon their parents in
respect to fortune is proved by the fact that neither son nor
daughter can claim any portion of the family estate。 The father
can; as he pleases; give or refuse a dowry to his daughter。
Should she marry against his wish no dowry is given; and she
enters penniless into her husband's family。 It equally depends
upon the father's pleasure whether he shall transfer a portion of
his property to a grown…up son; or maintain it intact in spite of
his son's manifest wishes。 An act of insubordination on the part
of the son; as for instance; his marrying without permission; may
become the occasion for his complete disinheritance by the
father; at least so far as the father's fortune is concerned。 I
make this exception; inasmuch as; besides his share in the
father's fortune; the son may be enabled to inherit from his
mother's estate; or may possess property' the gift of some
relative Or friend。 Such property must be scrupulously guarded by
the father whose rights over it are only those of the natural
guardian of his son's fortune。 
    Hitherto we have spoken of the Russian family as of a kind of
natural society; created by marriage and continued by the birth
of children; but side by side with this form of family
organisation; differing only in detail from that of Western
Europe; there exists in Russia a peculiar mode of family
communism。 In various parts of the country numerous persons;
sometimes amounting to fifty and rarely to less than ten; are to
be found united in a common household; living under the same roof
and taking their meals at the same table。 A family constituted
after this fashion is known to English scholars under the name of
〃The Joint Family〃 or 〃House Community。〃 Sir Henry Maine has made
the notion of it generally familiar through his marvellous
investigations in the early law of Ireland and the modern customs
of Northern India。 He has also correctly settled the question of
its origin by appealing to natural increase and non…division as
the real sources of its growth。 He has even made an attempt to
show that it was not limited to distinct peoples or races; but
that; notwithstanding the immense distance which separates the
Eastern or Hindoo branch of the Aryan race from the European
branches; notwithstanding; also; the difference in the historical
development which may be traced between its Celtic and Slavonic
ramifications; joint households are as likely to be met with in
the defiles of the Himalayas as in the plains of old Erin or of
modern Servia。 Taking advantage of the recent investigations made
by Professor Bogisic in the customary law of the Southern Slavs;
Sir Henry Maine has presented a lively picture of the interior
organisation of the famous Servian 〃Zadrouga;〃 which; as he
shows; has more than one feature in common with the House
Community of the Rajpoots。 The barrier of language; of which he
so often complains; prevented this master in the field of
comparative jurisprudence from completing his studies of the
patriarchal system of House Communities by investigating the
Undivided Household of Great Russia。 This Undivided Household has
been recently the subject of numerous and serious inquiries on
the part of Russian ethnographers; and the results of their
investigations I desire now to lay before you。 
    First of all let me tell you that the undivided household of
the Eastern Slavs is a very ancient institution。 In the so…called
Chronicle of Nestor; mention is made of the 〃gens〃 organisation
of the Polians; a Slavonic tribe; dwelling as I have already
said; on the banks of the Dnieper。 The Polians are stated to live
(I translate literally) 〃each ruling his own kindred or gens (rod
svoi) and occupying distinct localities。〃 This rather obscure
text authorises the supposition that the Polians were divided
into independent house…communities; each of which possessed its
own piece of land。 Another reference is made to these Undivided
Households in one of the paragraphs of the Pravda of
Jaroslav;(2*) a sort of Mirror of Justice compiled in the middle
of the eleventh century; by order of the Grand Duke Jaroslav; son
of that Vladimir who introduced Christianity into Russia。 The
frequent occurrence of South Slavonic terms in this the oldest
Russian code; such; for instance; as that of 〃bratouchada〃 (the
son of the brother; the nephew) confirms the hypothesis first put
forth; so far as I know; by the well…known professor of Russian
history at Moscow; Mr Kluchevsky; that the work of codification
had been entrusted to some southern Slav。 This is the more likely
as owing to the recent introduction of Christianity and learning
into Russia; there was a lack of well…educated natives; so that
the Byzantine Church had frequently to have recourse to priests
of South Slavonic origin; in order to propagate the Gospel and
the elements of learning among their eastern and northern
brethren。 Old Russian being much more like the language into
which the Holy Scriptures had been translated; and the Slavonic
dialect of the translation being that of the Southern Slavs;
priests of Bulgarian or Servian origin were the fittest persons
in Russia to be employed in this work。 The translation of Greek
texts; the transcription and composition of Slavonic and Russian
MSS。; as also the first attempts at a written exposition of
Russian customary law would equally fall into their hands。 The
share of。 a Southern Slav in the work of codification would
explain the presence in the Pravda of J

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