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lecture i-第4章

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sister's son to avenge the death of his uncle。
    〃In case a man shall he killed by a man;〃 decrees the first
article of the Pravda of Yaroslav (the lex barborum of the
Russians); 〃vengeance may be taken by a son; in case his father
has been killed; by the father; when the son falls a victim; by
the brother's son and by the son of a sister。〃 These last words
are omitted in the later versions of the Pravda; a fact which
shows the increase of agnatic organisation; but they are found in
the version generally recognised as the most ancient。 
    This close tie between brother and sister; between the uncle
and the sister's children; still exists among the Southern Slavs。
Professor Bogisic。 and after him Mr Krauss; have illustrated this
fact by the epic songs of the Servian people。 They speak of the
custom generally in use among the Southern Slavs of securing from
a person truthfulness in is statements by the invocation of the
name of the sister。 They mention; too; that peculiar relation of
artificial brotherhood and sisterhood; into which young men and
young women belonging to different kindreds frequently enter; in
order to secure to the weaker sex protection and help。 
    I hardly need insist on the importance which all these facts
have with regard to the theory of an early matiarchate among the
Slavs; the more so because this has already been done in England
by Mr McLennan; in his well…known study on the Patriarchal
theory; and in Germany by Bachofen in one of his Antiquarian
Letters。 (7*) But I shall complete the information which these
scholars have given by citing certain peculiar customs still in
use among Russian peasants。 
    Whilst the father is considered to be the proper person to
dispose of the hand of the bride; the brother; according to the
wedding ritual; appears as the chief protector of her virginity。
In more than one province of Russia the brother plays an
important part in that potion of the nuptial ceremony which may
be called by the Latin name of in domus deductio。 As soon as the
bridegroom has made his appearance in the court…yard of the
family to which his bride belongs; the brother; in accordance
with an old custom; takes his seat next the bride with a naked
sword; or at least a stick; in his hand。 The bridegroom; or the
groomsman; asking to be allowed to take his seat; receives as
answer; that the brother is there to keep ward over his sister;
and that he will not consent to leave his seat unless he be paid
for it。 〃Dear brother; don't give me away for nothing。 Ask a
hundred roubles for me; for the veil which covers my head a
thousand roubles。 Ask for my beauty  God alone knows how much。〃
Such is the tenor of the song composed for the occasion。 〃The
brother; a true Tartar;〃 we read in the text of another nuptial
song; 〃has sold his sister for a thaler; and her fair tresses for
fifty copecks。〃
    In Little Russia the drawn sword which the brother holds in
his hand on the occasion is ornamented with the red berries of
the guelderrose; red being the emblem of maidenhood among
Slavonic peoples。 Other emblems are the binding of the bride's
tresses; and the veil which covers her head。 The bridegroom is
not allowed to remove the veil; nor to unbind the tresses of his
future wife; unless he consents to pay a small sum of money to
her bother。 
    Hitherto we have considered the different aspects of the
earliest period in the evolution of the family  that which is
known by the term of the matriarchate。 The various features which
characterised the lowest state of the relations between the sexes
did not vanish all at once。 The incestuous relations between
persons of the same blood seem to have been the first to
disappear。 No further mention of these occurs in Nestor's
description of the Eastern tribes  the Radimich; Viatich; and
Sever。 Thog they practise communal marriage so far that fathers
and sons have wives in common; nevertheless fathers and
daughters; brothers and sisters; dare no longer cohabit with each
other; and if licence still occurs at some annual festivities; it
is kept under some check。 
    The bilini; or poplar ballads; as also the old legends and
folk tales; often represent that transient period of social
evolution; when endogamy was gradually giving way to exogamy; and
relations between persons of the same kin were forbidden。 A
popular hero; known by the name of Michailo Kasarinov; and
belonging to a later series of Russian paladins; in one of these
ballads liberates a young Russian girl from the yoke of the
Tartars; and is on the point of becoming her lover; when she
discloses to him the secret of her birth; and proves that she is
his sister。 The paladin immediately abandons his purpose。 In
another popular tale; inserted by Afanasiev in his collection of
these curious monuments of our unwritten literature; a bother is
represented as insisting on marrying his sister; and the latter
as strongly protesting against his desire。 〃What do you propose
to do?〃 she asks。 〃Bethink you of God and of the sin? Is it right
that a brother should espouse his own sister?〃 The brother
persists; and the couple are on the point of retiring when the
earth opens; and the sister; unharmed; disappears from view。 (8*)
In another popular legend; a husband; having discovered that his
wife is his own sister; finds no means of escape but that of
undertaking a pilgrimage in order to expiate his sins。(9*)
    The prohibition is gradually extended to all persons of the
same kin。 A song(10*) in Vogue among the peasantry of Little
Russia speaks of a bird wishing to marry; and finding no bride at
his birthplace; all the females being his relations; there
remains nothing for him to do but to cross the sea; and seek a
bride of another kin than his own。
    The complete discomfiture of endogamy in its long struggle
with exogamous prescriptions is shown in the fact that in some
parts of Russia; as for instance in the government of Simbirsk;
in certain villages of the government of Olonizk; and of the
district of Schadrinsk; inhabited by the Cosacks of the Don; the
bride is always taken from another village than the bridegroom's。
Even in provinces in which no similar custom is known to exist;
the remembrance of the time when exogamy was considered a duty;
is preserved in the fact that the bridegroom is constantly spoken
of as a foreigner (choujoy; choujaninin); and his friends and
attendants are represented as coming with him from a distant
country; in order to take away the future spouse。 
    The origin of exogamy has been sought for in the fact of the
general prevalence; at a certain period of social development; of
the custom of capturing wives。 The co…existence of both customs
has been already noticed by the old Russian chronicler in his
description of the manners and customs of the Radimich; Viatich;
and Sever。 His testimony is corroborated by that of the nuptial
songs; and of the ceremonies still in use at country weddings。
The information which is derived from these sources as to the
general prevalence in past times of marriage by capture; I have
summed up in a work published in Russian under the title of 〃The
first Periods in the Evolution of Law。〃 I shall take the liberty
of bringing forward to…day the facts there summarised。 They
concern the Eastern as well as the Southern Slavs。 
    Amongst the Southern Slavs; marriage by capture was still in
existence no longer ago than the beginning of the present
century。 A well…known Servian writer; Vouk Karadjich; gives the
following details about this peculiar custom; known under the
name of otmitza。 〃The Capture of girls in order to marry them is
still practised among the Servians。 Young men very frequently
have recourse to this mode of procuring a wife。 On such occasions
they are equipped and armed as if they were going out to do
battle。 They conceal themselves; and quietly await the moment
till the girl passes near them on her way to look after the
cattle。 Sometimes they make a direct attack on the homestead she
inhabits。 In either case her resistance has no other result than
a direct appeal to physical force。 The young men seize her by her
long plaited tr

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