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of the freedom of marriageable children was the one by which a
fine which went to the bishop was inflicted on the parents of a
daughter who； after a marriage contracted against her will； had
committed suicide。
The country people still believe that a marriage without the
parent's approval will call down the wrath of Heaven on the heads
of the young couple。 This moral sanction； the right of parents to
decide the future of their children； has received from the
customary law of Russia the support of a penalty in case of
disobedience； the son and daughter who conclude a marriage
without consulting their parents； lose all rights to inheritance
and dowry。
According to modern Russian law； marriage is a religious act；
it cannot be performed without the help of the Church； and is
regarded as a sacrament。 But such is by no means the light in
which the country people look on it； nor was it the view of the
old Russian law。 For many centuries the Russian clergy had to
fight against the inveterate custom of our lower classes to
contract unions without the sanction of the Church。 The young
couple saved the expense of a religious ceremony and thought
their union legally established as soon as they were publicly
joined to each other in the presence of the community； which was
invited on the occasion to a sort of festival called the
vesselic。 No later than the end of the sixteenth century an
assembly of Divines convened by Ivan the Cruel entered a strong
protest against the custom which everywhere prevailed of omitting
the religious consecration of the marriage tie； and strong
measures were in consequence taken against those who did not
comply with the requirements of the clergy。 All； however； failed；
and marriage remained in the eyes of the common people nothing
more than a sort of civil contract； entered into in the presence
of the community as a sign of its recognition and sanction。
That such generally was； and still is； the prevailing opinion
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 men