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of the Russian peasant may be seen from the following facts。
Among the Cossacks of the Don； not more than a century ago；
people； as a general rule； were joined in marriage in the
following way： The young couple； after previous agreement； went
to the popular assembly of the village； or stanitza； this
assembly being known by the name of Majdan； and declared that
they had made up their minds to become husband and wife。〃 Be my
wife；〃 said the bridegroom to the bride。 〃Be my husband；〃 she
answered。 〃So be it；〃 chanted the assembly。 〃We wish you good
luck and happiness。〃（1*）
On the Don the absence of a religious ceremony may； to a
certain extent； be explained by the scarcity of priests； but such
is by no means the case in those provinces which were annexed to
Muscovy in the middle of the seventeenth century； after ages of
political dependence on Poland。 I refer to the Governments of
Kiev； Tchernigov； and Poltava； which constitute what in our days
is known under the name of Little Russia。 It is； therefore； very
interesting to find that in those provinces the religious
consecration of marriage is still considered by the peasants as a
superfluous ceremony。 Matrimonial life begins here after the
nuptial festival； the 〃vesselic；〃 and weeks may pass before the
couple find it necessary to be married at church。 Facts of the
same description have been noticed by Madame Efimenko in the
extreme north of Russia； in the Government of Archangel； occupied
by colonists from Great Russia。
The customary law of Russia； like the old German
jurisprudence； established a difference between betrothal and
marriage。 Both are considered to be legal acts； and both ought
therefore to have distinct legal effects。 Betrothal is legally
concluded as soon as the two families have come to an agreement；
first； as to the amount of the marriage expenses each party is to
bear； and secondly； as to the time fixed for the wedding。 The
expenses are of different kinds： they comprise； first； the
〃kladka〃 of the bridegroom； a sort of pretium emptionis paid to
the bride's father； 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； 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； 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； the 〃riad〃 was always put down in the form of a written
contract； and this is still occasionally done in the northern
Governments of Russia； especially in that of Archangel。 Betrothal
is considered to be legally concluded at the moment when the two
parties； that of the bridegroom and that of the bride； 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； called 〃Svat；〃 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： the one seems to have
rather a moral； the other a purely monetary or material origin。
If the bride's party breaks the contract； the bridegroom and his
family consider themselves injured in their honour。 If； however；
the breach of promise has been made by the bridegroom； the case
is more serious。 Then it is not only the honour of the bride that
suffers； but also the material interests of the family； 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； 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；〃 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； the question of compensation
is easily settled； as the family of the bride retain for her own
use the money already received； 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； 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； received no other answer but this：
〃You may be drunk； but you must be clever〃 （bud pyan da umen）。
The breach of contract may have two different results： one；
that which I have just mentioned； a compensation in money for the
loss of honour； as to the other； I have already stated that the
contract of betrothal contains certain engagements as to the
amount of the pretium emptionis； 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； the wronged party has the
right to demand the restitution of the money which had been
spent； the bridegroom receives back the presents which he has
made to his bride； and the bride those given to the bridegroom。
The Courts uniformly recognise the necessity for such mutual
restitution； 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； 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： 〃Marriage is known but not unmarriage；〃 〃A bad pope
may marry you； but even a good one cannot unmarry you；〃 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；〃 〃this man is no
longer my husband。〃 〃Be it so；〃 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； or； at
least； to live apart from their legal lords。 An archbishop of
Novgorod； Theodosius； 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； this incompatibility appearing in the
dissolute life of either husband or wife。
The memory of those days is still preserved among the country
folk； and we can explain the part taken by the customary Courts；
in direct contradiction to the law； 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； waive questions of interest； 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； as is described in the twenty…second chapter of
Deuteronomy。 The whole company then begin to shout loudly；
congratulating the mother of the bride； and eulogising the
maiden's virtue。 In case the newly married wife is no longer a
virgin； and her husband makes no statement as to his previous
cohabitation with her； instead of praises and cheers； the most
violent abuse is poured on the parents of the bride； and the most
shameful songs are sung。 They often go on to insulting acts； such
as the following： spirits are offered in derision to the bride's
mother in a glass with a hole in the bottom； the outside walls of
the house are blackened with tar； a hole is made in the stove in
order to show the stain which the hearth has suffered。 Sometimes；
also； 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； also； the parents
of the bride are insulted by havi