lecture ii-及2嫗
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!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
the bride's father�察�and the dowry which the bride receives from
her family。 Then come the presents to be made by each party to
the parents of the bride and those of the bridegroom�察�and the
amount of expense which the bridegroom has to incur on the
occasion of the nuptial feast。 All these are regularly discussed
and settled by a sort of verbal agreement�察�known among the
peasantry by the name of ;riad。; In ancient Russia when
agreements of this kind were entered into even by the higher
classes�察�the ;riad; was always put down in the form of a written
contract�察�and this is still occasionally done in the northern
Governments of Russia�察�especially in that of Archangel。 Betrothal
is considered to be legally concluded at the moment when the two
parties�察�that of the bridegroom and that of the bride�察�have
shaken hands。 It is not without reason that i insist on the fact
that it is this indefinite expression of the two parties which
concludes the act of betrothal。 I want to impress on your minds
that the presence of the bridegroom's father is not considered
necessary。 An outsider�察�called ;Svat�察─�may be authorised by the
father to speak and act for him in a contract of this sort。
As soon as the ceremony of shaking hands is over neither of
the contracting parties can break the engagement without
incurring the obligation of pecuniary compensation for the wrong
he does to the other party by his breach of contract。 This
compensation is of two different kinds�此�the one seems to have
rather a moral�察�the other a purely monetary or material origin。
If the bride's party breaks the contract�察�the bridegroom and his
family consider themselves injured in their honour。 If�察�however��
the breach of promise has been made by the bridegroom�察�the case
is more serious。 Then it is not only the honour of the bride that
suffers�察�but also the material interests of the family�察�since a
bride rejected by the man whom she was on the point of marrying��
will generally experience great difficulty in finding another
suitor。 Such being the case�察�the customary court of the village
usually accords to the party aggrieved the right to demand a
pecuniary compensation ;for the loss of honour the bride is
supposed to have sustained; �─�sa beschestic�察─�say our peasants��。
In case security has been received for a bridegroom's performance
of his promise by a pledge or by the partial payment of the money
which he owes to the bride's father�察�the question of compensation
is easily settled�察�as the family of the bride retain for her own
use the money already received�察�but if no payment has been made��
the court must decide the amount to be paid。 It very seldom
happens that the sum demanded exceeds thirty roubles�察�at least��
in the provinces of Great Russia。 No extenuating circumstances
are admitted on this occasion by the Court。 A father leaving once
declared that he was drunk when he gave his consent to the
proposed marriage of his son�察�received no other answer but this��
;You may be drunk�察�but you must be clever; ��bud pyan da umen��。
The breach of contract may have two different results�此�one��
that which I have just mentioned�察�a compensation in money for the
loss of honour�察�as to the other�察�I have already stated that the
contract of betrothal contains certain engagements as to the
amount of the pretium emptionis�察�of the dowry and of the
different expenses to be incurred by each party on the occasion
of the marriage。 If certain of these engagements have been partly
fulfilled before the breach of promise�察�the wronged party has the
right to demand the restitution of the money which had been
spent�察�the bridegroom receives back the presents which he has
made to his bride�察�and the bride those given to the bridegroom。
The Courts uniformly recognise the necessity for such mutual
restitution�察�the only exception being when the money already paid
serves to constitute the amount of compensation to either party
for the wrong inflicted by the loss of honour。
The contract of marriage which follows that of betrothal��
cannot at the present time be dissolved�察�but we should be
mistaken if we inferred from this fact that this indissolubility
of marriage has always been recognised by the common law of
Russia。 Though the peasants are now known to use the following
aphorisms�此 �Marriage is known but not unmarriage�察─ �A bad pope
may marry you�察�but even a good one cannot unmarry you�察─�the case
was quite different in the past。 Not longer ago than the end of
the eighteenth century the Cossacks of the Don practiced divorce。
A husband and wife who did not wish to live together any longer��
appeared before the popular assembly and made the following
declaration。 ;This woman is no longer my wife�察─ �this man is no
longer my husband。; ;Be it so�察─�was the answer of the assembly��
and the marriage tie ceased to exist。 During the sixteenth
century husbands in Great Russia were still accustomed to grant
their wives full liberty to contract a new engagement�察�or�察�at
least�察�to live apart from their legal lords。 An archbishop of
Novgorod�察�Theodosius�察�bitterly complained of this practice。 Up to
the middle of the eighteenth century the Russian clergy dissolved
the marriage bond very often for no other reason than that of
incompatibility of temper�察�this incompatibility appearing in the
dissolute life of either husband or wife。
The memory of those days is still preserved among the country
folk�察�and we can explain the part taken by the customary Courts��
in direct contradiction to the law�察�only by the influence on them
of tradition。 They take part in the making of certain contracts
in which husbands and wives who no longer wish to live under the
same roof�察�waive questions of interest�察�and agree to interfere no
more with each other's existence。
The part which the community is called on to play in the
contract and dissolution of marriage is strikingly manifested in
certain peculiar ceremonies still in use at a Little Russian
wedding。 The tokens of the damsel's virginity are exhibited in
much the same way as they were exhibited unto the elders of a
Jewish city�察�as is described in the twenty´second chapter of
Deuteronomy。 The whole company then begin to shout loudly��
congratulating the mother of the bride�察�and eulogising the
maiden's virtue。 In case the newly married wife is no longer a
virgin�察�and her husband makes no statement as to his previous
cohabitation with her�察�instead of praises and cheers�察�the most
violent abuse is poured on the parents of the bride�察�and the most
shameful songs are sung。 They often go on to insulting acts�察�such
as the following�此�spirits are offered in derision to the bride's
mother in a glass with a hole in the bottom�察�the outside walls of
the house are blackened with tar�察�a hole is made in the stove in
order to show the stain which the hearth has suffered。 Sometimes��
also�察�one of the guests climbs up to the top of the house and
begins to throw water down on all sides a symbol of the
liberality with which the new wife has distributed her favours to
all those who asked for them。 Very frequently�察�also�察�the parents
of the bride are insulted by having yokes made of straw��
previously besmeared with tar and dirt�察�placed by force on their
necks。
The reciprocal rights and duties of husband and wife
according to Russian customary law�察�and the position of children
as regards their parents�察�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�察─�so runs
the common saying�察�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�察�while he is leading his
bride to her future home�察�gives her from time to time light blows
from a whip�察�saying at each stroke�此 �Forget the manners of thine
own family�察�and learn those of mine。; As soon as they have
entered their bedroom�察�the husband says to his wife�察 �Take off my
boots。; The wife immediately obeys her husband's orders�察�and��
taking them off�察�finds in one of them a whip�察�symbol of his
authority over her person。 This authority implies the right of
the husband to control the behaviour of his wife�察�and to correct
her every time he thinks fit�察�not only by words�察�but also by
blows。 The opinion which a Russian writer of the sixteenth
century�察�the pope or priest Silvester ��the author of The
Domostroy���察�expressed as to the propriety of personal
chastisement�察�and even as to its beneficial effects on the
health�察�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�察─�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�察─�is a common saying�察�scrupulously observed by
the village tribunals�察�which refuse to hear any complaint on the
part of the aggrieved woman�察�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�察�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�察�however�察�taken effectual
measures for the protection of the wife's fortune。 That husband
and wife should each have entirely distinct property�察�with sole
control over it�察�is still the leading principle at least in Great
Russia。 In the provinces which�察�like those of Little Russia�察�have
been for centuries subject to the statute of Lithuania and the
municipal law of Magdeburg�察�the system of a partial community of
goods has prevailed。 According to the customary law of Kiev��
Poltava�察�and Chernigov�察�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�察�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�察�unless it involves danger to
life or limb。 In such cases�察�the nature of which makes it
difficult to establish the facts before a Court of Law�察�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�察�as he pleases�察�give or refuse a dowry to his daughter。
Should she marry against his wish no dowry is given�察�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�察�or maintain it intact in spite of
his son's manifest wishes。