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Modern Customs and Ancient Laws of Russia
by Maxime Kovalevsky
Lecture II
The State of the Modern Russian Family； and Particularly that of
the Joint or Household Community of Great Russia
We believe that the theory of the matriarchate finds a solid
basis in the past history of the Russian family。 The present
condition of the latter seems to prove that the next stage in its
evolution was the household community； composed of persons united
by descent from a common forefather and accompanied by that
worship of ancestors which usually resulted from it。 The complete
subjection of the wife to the husband； and of the children to the
father； community of goods and the common enjoyment of their
produce by the relatives living under the same roof； the
acknowledged superiority of old age and of direct descent from
the common ancestor； the total absence of testamentary
dispositions of property； and even of that mode of legal
succession which supposes partition； and the exclusion of the
more remote by the nearer kin； the elimination of women from
participation in the family estate because marriage makes them
aliens； all these features of the patriarchal family so ably
illustrated in the works of Sir Henry Maine； reappear in the
modern constitution of the Russian family。 I mean； of course；
that of the country people； the middle and higher classes having
already adopted European manners and customs； and being on that
account subjected to a legislation which； on more than one point；
is in direct opposition to customary law。
Let us study one by one the characteristic features of this
family constitution of the peasant； a constitution more like that
of the early Celts and Germans than that of any of the modern
nations of Europe。
The great importance still attached by the Russian peasant to
agnatism； that is to relationship on the father's side； is shown
by the part which ancestor worship plays even now at the
celebration of a country wedding。 Before becoming a member of her
husband's family； the bride must sever all the ties which have
hitherto bound her to the house…spirits under whose protection
she has passed her youth； and must solemnly adopt the worship of
those of the family into which she is about to enter。 This public
manifestation of a change of worship is most clearly seen in the
wedding ceremonies of the Southern Slavs。 It is not so distinctly
preserved in those of the Eastern Slavs。 Both these races being
identical as to their origin and nature； I will begin by first
stating the religious customs； customs of an undoubtedly pagan
origin still in use at Bulgarian betrothals。 〃In Lika；〃 says
M。 Bogisic； 〃the bride； before leaving her father's house； goes
three times round the hearth； prostrating herself。 each time； as
if to implore forgiveness。〃 As you are aware of the intimate
connection which has existed between the worship of the hearth
and that of the family ancestors； I need not tell you that the
act performed by the Bulgarian bride before leaving her parent's
house has no other meaning than that of a last invocation of the
house…spirits whose worship she is on the point of abandoning。
The spirits are supposed to be hurt by the decision she has
taken to withdraw to her husband's homestead； and to be appeased
by an act of humiliation on her part。 When she is once in the
bridegroom's house the maiden is obliged to perform another
ceremony； she must seat herself close to the hearth； in order to
keep up for a short time the fire burning thereon by pieces of
wood thrown on to it with her own hands。 The symbolical character
of this ceremony may easily be perceived。 The young wife is on
the point of becoming a member of the house community of her
husband； and as such； a participant in its family worship。 Her
acquiescence must be expressed by a symbol； and her keeping up
the fire on the hearth is precisely such a symbol。 The custom
just described exists all over Bulgaria and has been more than
once alluded to by modern ethnographers； M。 Bogisic； Mr。 Krauss；
and others。
Let us now examine the corresponding customs of the Russian
peasantry。 In little Russia the bride； while her father is
discussing the question of her marriage with the person sent by
the bridegroom； is obliged by custom to remain near the hearth；
towards which she stretches out her hand。 By so doing she
expresses her desire still to remain under the protection of the
house…spirits of her family； the so…called 〃domovoi。〃 A century
ago； according to the statement of Kalinovsky； the day on which
the bride was taken to the house of her future husband； a great
fire was lighted in the yard before it； and the young couple were
obliged to cross it sitting in their carriage。 This custom is
still observed in certain parts of the Government of Kiev； but
only in those cases in which the bride is known to have
misbehaved before marriage。 Heaps of straw are kindled on such
occasions in the yard before the bridegroom's house； and the
bride who has passed safely over these fires is considered to be
purified。 But this does not prevent her； as soon as she has
entered the house of her husband； from seeking refuge at the
hearth； where she stands for a while singing a carol； the meaning
of which is that she laments her past bad conduct and promises to
be a good wife。
I beg you to observe that the fires are lighted in the yard
of the bridegroom's house and that they are to be considered as
being in direct relation with the house…community to which he
belongs。 Not every fire has the power of purification； only that
which represents the family hearth。 It is to this hearth that the
young wife appeals for protection； should she have any reason to
fear any ill…treatment from her husband's family； on account of
her former conduct； it is before this hearth that she confesses
and repents and promises to be a good and faithful wife。
In a society； in which the interests of the family constantly
prevail over those of the individual （and such is certainly the
case in all patriarchal societies； and amongst them the Russian）；
there is no room for marriages contracted by the mutual consent
of the young people。 I do not mean to say that Russian parents；
whose duty it is to find suitable matches for their sons and
daughters； never take into account the feelings of those they
intend to unite。 I wish only to impress on you the idea that they
are not obliged to do so by custom。 On more than one occasion
Russian customary courts have plainly expressed the opinion that
a marriage contract concluded by the bride's father with that of
the future husband is a legal act； for the infringement of which
amends ought to be made by the restitution to the party wronged
of the loss he or she may have sustained。
The clergy very early endeavoured to put an end to the
arbitrary manner in which parents disposed of their children's
future； but the force of custom and the feeling that supported it
were so strong that the only measure which the ecclesiastical
statute of Jaroslav （XIth century） introduced for the protection
of the freedom of marriageable children was the one by which a
fine which went to the bishop was inflicted on the parents of a
daughter who； after a marriage contracted against her will； had
committed suicide。
The country people still believe that a marriage without the
parent's approval will call down the wrath of Heaven on the heads
of the young couple。 This moral sanction； the right of parents to
decide the future of their children； has received from the
customary law of Russia the support of a penalty in case of
disobedience； the son and daughter who conclude a marriage
without consulting their parents； lose all rights to inheritance
and dowry。
According to modern Russian law； marriage is a religious act；
it cannot be performed without the help of the Church； and is
regarded as a sacrament。 But such is by no means the light in
which the country people look on it； nor was it the view of the
old Russian law。 For many centuries the Russian clergy had to
fight against the inveterate custom of our lower classes to
contract unions without the sanction of the Church。 The young
couple saved the expense of a religious ceremony and thought
their union legally established as soon as they were publicly
joined to each other in the presence of the community； which was
invited on the occasion to a sort of festival called the
vesselic。 No later than the end of the sixteenth century an
assembly of Divines convened by Ivan the Cruel entered a strong
protest against the custom which everywhere prevailed of omitting
the religious consecration of the marriage tie； and strong
measures were in consequence taken against those who did not
comply with the requirements of the clergy。 All； however； failed；
and marriage remained in the eyes of the common people nothing
more than a sort of civil contract； entered into in the presence
of the community as a sign of its recognition and sanction。
That such generally was； and still is； the prevailing opinion
of the Russian peasant may be seen from the following facts。
Among the Cossacks o