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lecture ii-第4章

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share of。 a Southern Slav in the work of codification would
explain the presence in the Pravda of Jaroslav of a term which
has led to much comment。 The word in question is verv。 Various
guesses had been made as to its meaning; when at last Professor
Leontovitch had the good fortune to find it used in an old South
Slavonic customary; the statute of Politza; and that in the sense
of Undivided Household or House Community。 The sense agrees with
the context of the two paragraphs in which the word is used in
the Pravda。 In one of them mention is made of a case where the
body of a man belonging to the 〃following〃 of the duke has been
found within the limits of a verv; and the other says that in
such a case the whole verv must pay in common a fine similar to
that which was inflicted in England in such cases during the
reigns of William the Conqueror and the early Plantagenets。 
    A 〃verv;〃 paying in common a sort of pecuniary composition
for a crime supposed to have been committed by one of its
members; a 〃verv〃 possessing its own proper limits; and therefore
its own territorial possession; exactly corresponds to a
house…community; in which several persons; living under the same
roof and owning land in common; are jointly answerable for the
crimes and misdemeanours committed within the limits of their
possessions。 
    If from the eleventh and twelfth centuries; during which the
different versions of the Pravda were drawn up; we pass to the
end of the fourteenth and the beginning of the fifteenth
centuries; we find the same village community mentioned; as well
in the North Western principalities of Russia  that of Pscov;
for example; as in those of the South West which were ruled by
the Statute of Lithuania。 The name under which the members of
these communities are known to the Russian law is that of
〃siabri。〃 This term is employed both by the judicial charter of
Pscov (1397…1467) and by the before…mentioned Statute of
Lithuania (1529)。 This word siabri is also to be found among the
Southern Slavs。 The code of Servian laws; published by King
Stefan Douschan in the year 1349; makes frequent use of it when
speaking of the peasants。(3*) The peasants of Servia; having
always lived; and still living; in undivided households; the term
meaning co…partners in the enjoyment of an undivided property;
was very naturally applied to them and it is this meaning that
the word still keeps in the judicial charter of Pscov; and also
in the Statute of Lithuania。 The latter was the chief source of
the customary law of Little Russia; and the term 〃siabri〃 and the
institution it calls to mind; are often mentioned in the Little
Russian documents of the last three centuries。 A recent survey of
these sources; made by Professor Louchitzky; has quite settled
the question of the existence of House Communities even in those
provinces of Little Russia where in our time division of property
most prevails。 Here as elsewhere individualism seems to have been
preceded by a sort of family communism like that of India;
ireland and the South Slavonian principalities。 
    The term siabri is not the only one used by Old Russian
writers to designate the members of such a household。 They are
often spoken of in the financial surveys of the sixteenth and
seventeenth centuries under the characteristic name of hearth;
pechische。 The so…called piszoviia knigi; a kind of survey very
like the poll…tax rolls still preserved in the Record Office;
speak of the hearth as the unit of taxation。 The pechische of the
fifteenth and sixteenth centuries corresponds to the feu of
Burgundy and is even known by that name in some of the northern
provinces of Russia。 The private charters; which are still
preserved by more than one family in the Government of Archangel;
some of which were drawn up in the sixteenth and seventeenth
centuries; when speaking of the house community always make use
of the term ognische; a word which means the hearthfire; thus
showing that what constituted the tie between members of the same
household was their cooking food at the same hearth。 
    Thus far we have shown the high antiquity of the institution
which we are engaged in examining。 Let us now proceed to the
study of its characteristic features。 
    All over Russia; but particularly within the boundaries of
the old Muscovite empire; communities of persons belonging to the
same kindred and living under the same roof are still in
existence。 The number of persons belonging to these communities
varies from ten; or even less; to fifty and upwards。 In the
government of Koursk; a community composed of about sixty persons
has recently been noticed by Professor Samokvasov。 But such cases
are rare; and the number of persons living in common does not; as
a rule; exceed twenty or thirty。 Among them we find the
grandfather and grandmother; the father and mother; sons and
daughters; grandsons and granddaughters; brothers and sisters;
nephews and nieces; with such other persons as may be united to
them by ties of marriage; as daughters…in…law in right of their
husbands; and sons…in…law in right of their wives。 Persons
incorporated into the family; working for the common good; and
having shares in the family profits are often mentioned by
writers on Russian folk…lore。 Besides these others may perchance
have become members; as for instance persons adopted into it; or
the children of a widow contracting a new marriage with a member
of the community; who; on account of her unwillingness to be
separated from them; come to live with her under the roof of her
new husband。 
    From this we see how various may have been the origin of
those who were members of the Undivided Family。
Blood…relationship; in the proper sense of the word; is not
always required; it suffices that the members be considered as
relatives; adoption takes the place of actual descent; and the
fact of sharing the daily work very often gives a stranger the
rights of a relative。 
    Undivided households are; as a rule; governed by the oldest
members of the community; but in case of prolonged illness or
want of mental power the oldest member may be superseded by
another; sometimes elected by the whole community。 The name given
to the house…elder is bolschack; which means the greatest in
power。 His authority and functions perfectly correspond to those
belonging; in a Servian zadruga; to the so…called 〃domachin。〃
Like the domachin; he is assisted in the difficult task of
governing the female part of the house community by some aged
woman; known by the name of 〃bolschoucha〃 (the greatest woman);
who is not always his wife。 
    It would be a gross error to look upon the house…elder of a
Russian undivided family as holding the same position as the
Roman paterfamilias。 The house…elder has neither the authority
nor the amount of independence enjoyed by the paterfamilias in
the administration of the family fortune。 The Russian
house…elder; like the Servian domachin; is but primus inter
pares。 All the grown…up members of the community constitute a
sort of family council; whose advice must be regularly asked in
matters of importance。 The domachin has no right to dispose of
the family possessions without the unanimous consent of all the
persons for whom he acts。 When I say all; I mean of course only
the grown…up members; women as well as men。 The women's opinion;
though of less importance than the men's; is not to be
disregarded; the more so on account of the influence which they
exercise on their husbands。 
    The functions of the house…elder are of very various kinds。
We must mention first of all his exclusive right to represent the
community before the executive and judicial authorities of the
village and district (selo i volost)。 It is he who regularly
appears in the courts; either to answer the complaints against
the community; or to insist on the recognition of rights which
have been violated。 It is to him also that the Government
officials address their demand for the speedy payment of the
taxes。 It is his duty to attend to the execution of the law
concerning military service; and to the carrying out of the
different orders issued by the local and provincial authorities。 
    As to the duties which the domachin has to perform in
connection with the interior administration of the household;
they are of two different kinds: they concern either the persons
who compose the house community; or the undivided property owned
by them。 All disputes arising between co…partners are settled by
the house…elder; who is regularly assisted in such cases by the
family council。 His interference in the relations between husband
and wife; between parents and children; sometimes exerts a highly
beneficial influence; in so far as it prevents cases of gross
abuse in the exercise of marital and paternal power; but it often
happens on the other hand that disputes between married couples
are embittered by the partiality of the house…elder for one or
other party。 On more than one occasion husbands have been known
to inflict severe punishment on their wives because they were
ordered to do so by the head of the community; instances; too;
are very frequent in 
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