Girls, wives, or widows, they were under the guardianship
of the father, husband, or nearest male relative. The father could
freely dispose of his daughter’s hand, and her own inclinations seem to
have been very little taken into consideration.[1446]
According to ancient Russian laws, fathers had great power over the
children;[1447] but Macieiowski thinks it improbable that a son could
be sold as a slave.[1448] Baron von Haxthausen, who wrote before the
Emancipation in 1861, says, “The patriarchal government, feelings, and
organization are in full activity in the life, manners, and customs
of the Great Russians. The same unlimited authority which the father
exercises over all his children is possessed by the mother over her
daughters.... The Russian addresses the same word to his real father,
to the Starosta (a communal authority), to his proprietor, to the
Emperor, and finally to God, _viz._, Father (‘Batushka’).”[1449]
According to Sir Mackenzie Wallace, however, the head of the
household was rather the administrator of a labour association than
a house-father in the proper sense of the term. The house and nearly
everything it contained were the joint-property of the family, and not
even the head of it could sell or buy anything without the express or
tacit consent of all the other grown-up men.[1450] In Poland, according
to Nestor, a father used to select a bride for his son;[1451] and
in Russia, previous to the Emancipation, it was a common custom for
fathers to marry their young sons to full-grown women. According to
Professor Bogišić, the power of the father is not so great among the
South Slavonians as among the Russians.[1452] But Dr. Krauss asserts
that a son is not permitted to make a proposal of marriage to a girl
against the will of his parents; and, among the Croatians and Servians,
it is quite exceptional for the young man himself to look about for his
future wife.[1453] A daughter, of course, enjoys still less freedom of
disposing of her own hand.[1454]
* * * * *
The paternal authority of the archaic type here considered formed
only a transitional stage in the history of human institutions. It
declined gradually, according as the religious basis on which it rested
became more unstable. The introduction of a new religion with higher
conceptions of human rights particularly contributed to its fall.
Paying special attention to its influence on the laws of marriage, I
shall endeavour to trace the main features of this highly important
process, which released children from paternal despotism.
Public-domain text, read in full here on John Shaqi.
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