Before CHAPTER XXVI THE SUBJECTION OF WIVES
Project Gutenberg EPUB3 edition
Westermarck, Edward
According to ancient Russian laws, fathers had great power over their children;152 but it is not probable that a son could be sold as a slave.153 Baron von Haxthausen, who wrote before the Emancipation in 1861, says that “the patriarchal government, feelings, and organisation 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.”154 It was a common custom for a father to marry his young sons to full-grown women; and in Poland also, according to Nestor, a father used to select a bride for his son.155 According to Professor Bogišić, the power of the father is not so great among the Southern Slavs as among the Russians;156 but a son is not permitted to make a proposal of marriage to a girl against the will of his parents, whilst a daughter, of course, enjoys still less freedom of disposing of her own hand.157 According to a Slavonian maxim, “a father is like an earthly god to his son.“158
Among this group of peoples, also, we meet with reverence for the elder brother, for persons of a superior age generally, and, especially, for the aged.
Obedience on the part of the younger to the elder brother is strongly inculcated by Confucianism and Taouism.159 In ancient China the eldest son of the principal wife held so high a position that even his own father had to mourn for him at his death in the selfsame degree in which the son was bound to mourn for his father;160 and in some provinces of Japan the elder brother or sister did not even go to the funeral of the younger.161 In Babylonia the elder brother occupied a privileged position in the family in relation to the younger.162 In one of the Mandæan writings it is said, “Honour your father and your mother and your elder brother as your father.”163 According to the sacred books of the Hindus, “the feet of elder brothers and sisters must be embraced, according to the order of their seniority”;164 “towards a sister of one’s father and of one’s mother, and towards one’s own elder sister, one must behave as towards one’s mother,” though the mother is more venerable than they.165
Again, in ancient Mexico respect was paid not only by children to their parents but by the young to the old.166 Among the Yucatans “the young reverenced much the aged.”167 In China persons of the lowest class who have attained to an unusual age have not infrequently been distinguished by the Emperor,168 and even criminals with grey hairs are treated with regard.169 “Respect for elders,” says Mencius, “is the working of righteousness”;170 and it is said in Thâi Shang that the good man “will respect the old and cherish the young.”171 A Japanese proverb runs, “Regard an old man as thy father.”172 We read in Leviticus, “Thou shalt rise up before the hoary head, and honour the face of the old man, and fear thy God.”173 Veneration for the aged is emphatically inculcated by Islam.174 In the sacred books of India it is represented as a virtue.175 Herodotus states that the Egyptians resembled the Lacedæmonians in the reverence the young men paid to their elders.176 Plato says in his ‘Laws’ that everybody ought to consider that the elder has the precedence of the younger in honour, both among the gods as also among men who would live in security and happiness; wherefore it is a foolish thing and hateful to the gods to see an elder man assaulted by a younger in the city.
Everybody ought to regard a person who is twenty years older than himself, whether male or female, as his father or mother, and to abstain from laying hands on any such person “out of reverence to the gods who preside over birth.”177 Regard for old age lies behind such words as presbyter and the Anglo-Saxon ealdormonn; and all travellers among the Southern Slavs have noticed their extraordinary respect for old people.178
In Europe the paternal authority of the archaic type which we have just considered has gradually yielded to a system under which the father has been divested of the most essential rights he formerly possessed over his children—a system the inmost drift of which is expressed in the words of the French Encyclopedist, “Le pouvoir paternel est plutôt un devoir qu’un pouvoir.”179 Already in pagan times the Roman patria potestas became a shadow of what it had been. Under the Republic the abuses of paternal authority were checked by the censors, and in later times the Emperors reduced the father’s power within comparatively narrow limits. Not only was the life of the child practically as sacred as that of the parent long before Christianity became the religion of Rome,180 but Alexander Severus ordained that heavy punishments should be inflicted on members of a family by the magistrate only. Diocletian and Maximilian took away the power of selling freeborn children as slaves. The father’s privilege of dictating marriage for his sons declined into a conditional veto; and it seems that the daughters also, at length, gained a certain amount of freedom in the choice of a husband.181
Source notes
147Âpastamba, i. 4. 14. 6. Laws of Manu, ii. 225 sqq.; iv. 162; &c.
148Institutes of Vishnu, ch. 31.
149Laws of Manu, ii. 237.
150 Nelson, View of the Hindū Law, p. 56 sq. Ghani, ‘Social Life and Morality in India,’ in International Journal of Ethics, vii. 312.
151 Sleeman, Rambles and Recollections of an Indian Official, i. 330 sqq.
152 Accurse, quoted by de Laurière, in Loysel, op. cit. i. 82.
153 Macieiowski, Slavische Rechtsgeschichte, iv. 404.
154 von Haxthausen, Russian Empire, ii. 229 sq.
155 Westermarck, op. cit. p. 234. Macieiowski, op. cit. ii. 189.
156 Maine, Early Law and Custom, p. 244, note.
157 Krauss, Sitte und Brauch der Südslaven, pp. 314, 320.
158 Maine, Early Law and Custom, p. 243.
159 Douglas, Confucianism and Taouism, pp. 123, 124, 259. Griffis, Religions of Japan, p. 125 sq.
160 de Groot, op. cit. (vol. ii. book) i. 509.
161 Griffis, Religions of Japan, p. 127.
162 Hommel, op. cit. i. 417 sq.
163 Brandt, Mandäische Schriften, p. 64.
164Âpastamba, i. 4. 14. 9. Cf.ibid. i. 4. 14. 14; Laws of Manu, ii. 225.
165Laws of Manu, ii. 133.
166 Clavigero, op. cit. i. 8l. Cf. ibid. i. 332.
167 Landa, Relacion de las cosas de Yucatan, p. 178.
168 Davis, China, ii. 97.
169 Wells Williams, Middle Empire, i. 805.
170 Mencius, vii. 1. 15. 3.
171Thâi Shang, 3.
172 Griffis, Mikado’s Empire, p. 505.
173Leviticus, xix. 32. Cf.Job, xxxii. 1; Proverbs, xvi. 31, and xx. 29.
174 Ameer Ali, Ethics of Islâm, p. 27 sq.
175Âpastamba, i. 5. 15. Laws of Manu, ii. 121. Dhammapada, 109.
176 Herodotus, ii. 80.
177 Plato, Leges, ix. 879. Cf. Idem, Respublica, v. 465.
178 Maine, Early Law and Custom, p. 243.
179Encyclopédie méthodique, Jurisprudence, vii. 77, art. Puissance paternelle.
180Supra, p. 393 sq.