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.