The Dawn of History: An Introduction to Pre-Historic StudyKeary, C. F. (Charles Francis)
History
The Dawn of History: An Introduction to Pre-Historic Study
Keary, C. F. (Charles Francis)
Archaeology; History, Ancient; Mythology
Originally the power of the patriarch may have been almost absolute over
the other members of the family, but it must very early have become
modified and controlled by the growth of various customs. Indeed, in
trying to picture to ourselves these early times, when as yet no
regular notions of law had arisen, it is important to remember how great
a force is possessed by custom. Even now, when we distinguish pretty
clearly between law and custom, we still feel the great coercive and
restraining powers of the latter in all the affairs of life. But when no
exact notions of law had been formed, it seemed an almost irresistible
argument in favour of a particular action that it had always been
performed before. There would thus spring up in a household certain
rules of conduct for the different members, certain fixed limits to
their respective family duties. Before any individual would be commanded
by the patriarch to do any particular duty, it would come to be inquired
whether it was customary for such a duty to be assigned to such an
individual. Before the patriarch inflicted any punishment on a member of
the family, it would come to be inquired whether and in what manner it
had been customary to punish the particular act complained of. Many
things would tend to increase this regard for custom. The obvious
advantages resulting from regularity and certainty in the ordering of
the family life would soon be felt, and thus a public opinion in favour
of custom would be created. Ancestor-worship, too, which plays so
conspicuous a part in early Aryan civilization, acted, no doubt, as a
powerful strengthener of the force of custom, as is indicated by the
fact that in many nations the traditionary originator of their laws is
some powerful ancestor to whom the nation is accustomed to pay an
especial reverence.
Resulting from this development of custom into law in the early family
life of the Aryans, we find that special duties soon became assigned to
persons occupying particular positions. To the young men of the
household were assigned the more active outdoor employments; to the
maidens the milking of the cows; to the elder women other household
duties. And the importance of knowing what the customs were also gave
rise to the family council, or ‘sabhâ,’ as it is called in Sanskrit,
which consisted of the elders of the family, the ‘sabhocita,’ presided
over by the ‘sabhapati,’ or president of the assembly. The importance
attached to the decisions of this council was so great, that the
‘sabyâ,’ or decrees of the ‘sabhâ,’ came to be used simply to express
law or custom. It is probable therefore that this assembly regulated to
a great extent the customs and laws of the family in its internal
management, and also superintended any negotiations carried on with
other families.
[Sidenote: The house-fire.]
Public-domain text, read in full here on John Shaqi.
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