The History of Antiquity, Vol. 5 (of 6)

by Max Duncker

CHAPTER IX.

THE LAW OF THE PRIESTS.

The rules concerning purity and purification, the expiations and penances necessary to avert the Daevas, which we possess in the Vendidad of the Avesta, are only the remnant of a far more comprehensive law. From the list of books and chapters traditional among the Parsees, we can see that it was intended to include not only all the invocations and prayers which the worship required, the rules of sacrifice, and the entire ritual, together with the Calendar of the year of the Church, but also the arrangement of the process of law, the civil and criminal code, and, moreover, rules for agriculture and medicine. If to this we add the statements and quotations of the Greeks (p. 53), we may assume that the scriptures of Eastern Iran comprised the whole sum of the knowledge of the priests. In the Avesta the Athravas had sketched the ideal picture of the correct conduct pleasing to Auramazda in every department of life. How far the princes of Bactria and the viceroys of Cyaxares and the Achæmenids, or even these princes themselves, and the judges, wished or allowed themselves to be bound in their decisions by these regulations of the priests, may be left out of the question. The priests here, like the Brahmans in India, could only influence the action of the State and those charged with it, so far as the reverence for the principles of religion and the force of their own authority extended.

The existing part of the law has obviously arisen out of the questions and considerations sketched above, which in consequence of the reform must have forced themselves into the circles of the priests. The reform also required above all things purity from men, but no supernatural purity, such as the Brahmans demanded. The body is not in the Avesta, as it was to the Brahmans and after them to the Buddhists, the impure prison of the soul which must be abandoned; on the contrary the Avesta rejoices in its health and vigour. It requires that the body should be kept pure from filth, from contamination by the impure, which gives the Daevas power over mankind, i. e. it demands the exclusion of the harmful side of nature; it desires that the soul should be pure from pollution, freed from untruthfulness, lying, and deceit, which are contradictory to the nature of the clear bright gods, and Auramazda, and make men companions of the Daevas, and sharers in their nature. In other words, it demands the invigoration of the light and wholesome side of man. The kingdom of the good spirits is truth, increase, and life; the kingdom of the evil is deception and falsehood, lying, destruction, and death. The Avesta praises Auramazda as purity itself; and next to him Asha vahista, i. e. the best purity; the gods are chiefly extolled as "the pure," and Zarathrustra as the master and teacher of purity. The Avesta repeatedly declares "that purity after birth is the best thing for men." Hence it is the foremost of all duties to keep the soul and body pure. The worshipper of Auramazda must preserve his purity by good thoughts, words, and works; truth is required in thinking, speaking, and acting; uprightness and honesty in all the relations of life; the sacredness of promises and pledges, and solemn assurances, at which Mithra is summoned to bear witness. It is an old function of the god which appears here. He is the guardian of the word, and the compact. "Mithra is twenty-fold between friends and kinsmen, thirty-fold between tradespeople, forty-fold between companions who live together, fifty-fold between man and wife, sixty-fold between associates in sacrifice, seventy-fold between scholar and teacher, eighty-fold between step-son and step-parents, ninety-fold between brothers, a hundred-fold between son and father." "Miserable are the houses, without descendants the dwellings, inhabited by those who deceive Mithra. Miserably does the cloven-footed cow go on the wrong path, which is oppressed by the burden of Mithra-deceiving men."[342] In accordance with this view deception is in the eyes of the law the worst offence; worse than robbery or theft. Evil-speaking and calumny also are, according to the Vendidad, "lies and sins" against Mithra. The gravest offence of this kind is the calumny by which "a pure man" is disparaged "with a man of another religion," for this sin is committed with full knowledge, and by a man's own intelligence; and the worst of all lies is teaching a false law. "One who teaches such a law," says the Vendidad, "does no better than if he killed a thousand horses, slew the men in a village inhabited by worshippers of Auramazda, or carried off the cows on the wrong way."[343]

It is not the least proof of the currency of the doctrines of the Avesta in the West of Iran that their ethical side, which gathers round the command of truthfulness, was there most distinctly recognised. King Darius has already told us that "the lie" had brought his kingdom into rebellion; the leaders of the rebellious lands, who gave themselves out to be descendants of the ancient royal families, he calls "liars against the kingdom." From their youth up, Herodotus tells us, the children of the Persians were instructed in truthfulness. He adds: Among the Persians it was forbidden to speak of that which it was forbidden to do; the Avesta requires truth "in thought, speech, and action." Lying and borrowing, Herodotus says, passed with the Persians for the most disgraceful acts, for they were of opinion that any one who contracted debts was generally compelled to tell lies. The Avesta says: "He who does not restore that which has been borrowed, seeks day and night to deceive the creditor." Plato states that the heirs to the Persian throne had, besides three others, a teacher whose special business it was to instruct them in truth. Xenophon assures us that pledges and oaths were religiously kept among the Persians; and Diodorus, that the pledge of hands was the strongest security among them.[344] Practice in Persia was, it is true, not equal to these injunctions, however sharply expressed; on the contrary, we often find the two in the most glaring contradiction.

Not falsehood and lies only, but also laziness and sloth pollute the soul of man. The pious man must rise early. Çraosha awakes the bird Parodarsh, we are told in the book of the law. At the return of the divine Ushahina, i. e. of the morning (p. 108), this bird speaks to those who are in their beds: "Friend, up, arise. Praise purity, and the Daevas will fly away. Long sleep, O man, is not good for thee. The Bushyançta runs up to thee, who lays again in sleep the whole corporeal world. Turn yourselves not away from the three best things: good thinking, speaking, and acting. He who rises first will come into Paradise; he who first brings pure, dry, old, well-hewn wood to the fire of Auramazda, him will the fire bless (p. 122)."[345] The pious man should be industrious and work; the best work is that which increases nourishment and fruit for men and animals, which furthers the increase and life of the world, and thus diminishes the kingdom of the evil, the power of the dark spirits. For this reason running water and growing fruits should be spread over the earth; "the field should be tilled, and trees planted which produce food." "When there are shoots," the law-book says, "the Daevas are in alarm; when there are stalks, the Daevas weep; when there are ears, the Daevas hiss; when there are grains, the Daevas fly."[346] "In the house where there are most ears, the Daevas are smitten most heavily." "The earth is not glad which lies untilled. The greatest pleasure is given to the earth where a pure man builds his house, provided with fire and cattle, and good flocks, with wife and child, where most corn, fodder, and grain is produced by husbandry, where the dry land is most watered, where fruit-bearing trees are planted, where cattle and beasts of draught leave the most urine."[347] "He who plants fruits and trees, who gives water to the earth where it is needed, and takes it away where too abundant, he worships the earth." When a man tills the earth she bestows life upon him; "as a friend to a beloved friend, she gives him descendants and wealth." To him who tills her, the earth says: "O man, who tillest me with the left arm and the right, with the right arm and the left, in love will I bear thee all kinds of fruit." But to him who tills her not the earth says: "Thou wilt go to the doors of others and there stand, in order to beg for food; in idleness thou wilt ask for it and get but little." He who sows corn, sows purity; the law of Auramazda increases with the fruits of the field; they extend the law of Auramazda by 100, 1000, and 10,000 meritorious works.

These regulations of the Avesta were fully accepted in the West. The great reverence paid to splendid trees by the Achæmenids is shown by Herodotus' story of Xerxes, that he furnished a beautiful plane tree, which he saw in Lydia, with golden ornaments, and appointed a perpetual guardian for it.[348] Ameretat, as already observed, was the special protecting spirit of trees (p. 164). Xenophon tells us that the Persian kings gave special attention to agriculture; on their journeys they inquired into the tillage of the land, and demanded similar attention from their satraps. Round their palaces and wherever they came they caused the most beautiful gardens to be laid out, planted with trees and all the most excellent shrubs in the world.[349] The satraps also had gardens of this kind (pairidaeza) round their residences, and the younger Cyrus assures Lysander, "in the name of Mithra," that he never took food before he had induced perspiration by work in the garden or exercise in arms.[350] The satraps, says Xenophon, whose provinces were found deficient in population and poorly cultivated, were punished and removed from their office, while those whose provinces were in good order, were rewarded by presents. When the king of the Persians conferred distinctions, those were summoned first who had distinguished themselves in war, and next came those whose districts were best cultivated.[351] Respect and reverence for trees was so deeply rooted in Iran, that even Islam did not extirpate the feeling. To this day in Shiraz old trees are presented with dedicatory offerings, and hung with amulets; and the pious prefer to pray under tall trees rather than in the neighbouring mosques; while in the barren regions of Iran even groups of bushes receive offerings.[352]

Besides the care of trees, plants, and the soil, the labour of mankind must be directed to the care of the flocks, to the increase of the animals of the good god, and the destruction of the Khrafçtras, or animals belonging to the evil spirit (p. 171). Cows are not held in such veneration in Iran as beyond the Indus, yet even here the "cow is not to be driven on the wrong way," and gomez (the urine of oxen) is the most effectual means of purification; in the theory of the priests Auramazda began the creation of living things with the bull. We have already mentioned the rank taken among the animals of Auramazda by the cock and dog. In the Vendidad Auramazda says: "I have created the dog with clothes and shoes of his own, with keen scent and sharp teeth, attached to men, savage against the enemy, for the protection of the flocks. No thief or wolf comes to the village or the fold and carries away anything unobserved, if the dog is healthy, in good voice, and among the flocks. The houses would not stand firm upon the earth if there were not dogs in the villages and flocks. The dog is patient, contented, and satisfied with little food, like a priest; he goes forward, and is before and behind the house, like a warrior; he sleeps less than the husbandmen, is talkative like a child, and friendly as a mistress."[353] The dogs are to receive good food, "for of all the creatures of Auramazda old age comes upon them the most quickly;" especially must the watch-dog be provided with milk, fat, and flesh, "the proper food" for a dog; and a dog must never be among those who are eating without receiving something to eat. Any one who gives unbroken bones or hot food to a sheep-dog or house-dog, and the bones injure him, and the hot food burns his mouth and tongue, so that he dies—is worthy of death.[354] Dogs with young are treated with the same care as pregnant women. It is a sin to chase or beat a dog which has brought forth; if she is injured or dies in running the sinner is worthy of death; and any one who beats a pregnant dog is to receive twice seven hundred stripes. It is the duty of every man to bring up for six months the dogs born on his ground, until they are able to run round in a circuit of twice seven houses.[355] Sick dogs are treated with the same remedies as rich men; and to the question of Zarathrustra—"If the dog will not take the remedies?" Auramazda answers that in this case "the dog can be tied, and its mouth opened with a flat piece of wood."[356] Wounds inflicted on dogs are to be punished with stripes to the number of twice eight hundred;[357] and besides this, compensation is to be given for the damage which thieves or wolves do to the village so long as the dog is prevented by his injuries from keeping watch. The book of the law everywhere threatens all those men who beat dogs that their souls will go from this world full of terror, and sick. To kill a water-dog is the greatest crime;[358] and is menaced with the worst penalties and expiations known to the Vendidad. As a general rule punishments do not go beyond 2000 stripes, or the necessity of killing 2000 noxious animals; but the slayer of the water-dog is to receive 10,000 stripes. Besides this, if he would save his soul, he must give 10,000 parcels of hard wood, well hewn and dried, for the fire of Auramazda, and also 10,000 parcels of soft, fragrant wood; he must kill 10,000 snakes, and an equal number of tortoises, lizards, and water-lizards, ants, flies, and rats. He must fill up 10,000 impure holes in the earth; give to the priests all the utensils required for the holy rites; to a warrior a complete set of armour; to a husbandman he must give all that is needed for agriculture: a house, provided with a beautiful mat, and arable land for tillage. In addition, he must give, as an expiation for his soul, fourteen head of small cattle to the "pure men," and bring up fourteen young dogs, and build fourteen bridges over running water. He must cleanse eighteen dogs from fleas, and make eighteen bones into edible food; and satisfy eighteen "pure men" with wine and flesh. If he does not perform these expiations he will go into the dwelling of the Druj, and "the heat which is injurious to the pasture will not depart from his dwelling until he has offered sacrifice for three days and nights for the pure soul of the water-dog, on the burning fire, with bound rods and uplifted Haoma."[359]

In order to extirpate the animals of Angromainyu, the priest is to be provided with a stick, the Khrafçtra-killer. Herodotus has already told us, that the Magians held it a duty to kill serpents, ants, and other creeping and winged insects. For the expiation of sins the Avesta universally requires the killing of serpents, lizards, and ants; rats and mice, which do harm to the crops; flies, midges, fleas, lice, and other vermin. Plutarch tells us that the Persians count him a happy man who slays most water-mice; Agathias observes that in honour of the chief festival in Persia every one killed as many snakes, and beasts of prey, and animals living in the desert, as possible, and then brought them to the Magians as a proof of his piety. In this way they believed that they did what was pleasing to the good god, while they injured and distressed Arimanes.[360]

According to the Avesta, the soul of man is kept pure by truthfulness, industry, and diligence, by good thoughts, good words and acts, which advance the kingdom of life; the body is to be kept free from dirt and the house from filth and dead creatures; from all that belongs to the evil spirits and is in their power. The soul of man is created pure; but from the first the body has certain impure parts, and the defilement which Angromainyu brought into the bodies of men. This defilement consists in the spittle, the excrements, dead skin, sores, etc; in everything that has an unpleasant smell, or is removed from the living body, like the hair and nails. These when cut are dead, and therefore belong to the kingdom of darkness; hence in Iran as in India they are impure things. "Wherever cut hair and nails lie," says the book of the law, "there the Daevas gather to these unholy places; there the impure animals come, which men call lice. Therefore carry away—so saith Auramazda—cut hair and nails, ten paces from the pure men, twenty from the fire, thirty from the water, fifty from the sacred bundle of rods. Dig a hole below the house in the earth, pronounce the prayer Ahunavairya thrice, six times, nine times, and then say: To thee, O bird, Asho-zusta, I show these nails. These nails I dedicate to thee; may they be thy lances, thy swords, thy bow, thy swift-flying arrows, thy sling-stones against the Mazanian Daevas. If these nails are not announced to the bird Asho-zusta, they are weapons for, not against, the Daevas."[361] Spittle is among the worst impurities. The priests could only approach the fire with veiled mouth, and even now the Parsees invariably cover the mouth in praying. They eat in silence, and two never use the same spoon, because the food would then be polluted by spittle. The removal of the excrements requires as much care in the Avesta as it did in the Brahmanic law, and the Vendidad gives minute regulations in regard to these matters.[362] A man is rendered impure by excess and debauchery; a woman by her courses, "by marks and blood," and by the birth of a child. She must be carried to an elevated place in the dwelling, which is strewn with dry sand, fifteen paces from the fire, from water, and the sacred bundle of rods, "at a distance also from the trees," and so placed that she cannot see the fire on the hearth. No one may touch her. Only a definite amount of certain kinds of food can be given to her, and that in metal jars, because these contract the least amount of impurity, and are most easily cleansed; the person who brings the food must remain three paces distant from her bed. After childbirth a woman is unclean for three days; then she must wash her body with water and gomez. If she has had a miscarriage her body is also polluted by the dead child: she must be placed thirty paces away from the fire and the sacred objects of the house, and must pass a longer period on her dust-bed—at the present time forty-one days are required. The first thing she is allowed to taste is ashes mixed with gomez—three, six, and then nine drops. The nine apertures of her body—that number is common to the Indians and Iranians—must be washed with ashes and gomez. She may not drink any water out of her impure hand; if she does so, she must receive two hundred blows with the rod, and two hundred with the whip.[363] Fire and water, springs, streams and rivers, the best gifts of the good gods, must, like the human body, be carefully preserved from all filth and defilement. The accounts of Western writers prove that the Persians and Medes observed the rules of purification given in the Book of the Law; it was not the custom among the Persians to spit in the presence of another, still less to sneeze, etc. They avoided the defilement of a river, or of the shadow of a man; and it was forbidden to uncover in the sight of the sun or moon.[364]

"The sun, the moon, the stars shine unwillingly," we are told in the Vendidad, "on the polluted man."[365] "The impure takes away prosperity and increase; he brings sickness and death; after death he will not go into heaven."[366] "But whatever pollution a man has contracted, and whatever sin he has committed, the good law quenches all impurity and sin, if the purifications, expiations, and penalties which it prescribes are performed and paid; for the good law of Auramazda surpasses all others in greatness, goodness, and salvation, as far as the heaven rises above the earth, and as the sea of Vourukasha includes all other waters."[367] "The good law of Auramazda takes from the man who praises it and commits no evil actions afterwards, his deception; it takes away the murder of the pure man, and the burial of the dead; it takes away inexpiable actions, and accumulated guilt; it takes away all evil words, thoughts, and actions, even as the strong swift wind purifies heaven from the right side."[368]

Slight pollution is removed by washing with pure water accompanied by certain prayers and imprecations on the Daevas, such as: "I contend with thee, O evil Angromainyu; away from this dwelling, away from the fire, the water, from this place, from all the blessings which Auramazda has created. I contend against pollution, direct and indirect; against the unclean spirits; I contend against the Daeva Andra, Çaurva, Zairicha (p. 169); against the Pairika, who goes to the water, the earth, cattle, and trees," etc.[369] More serious impurities require ablutions with gomez, which in certain cases have to be repeated thirty times, with various prayers.[370] The most efficacious purification, which removes even the worst taint, is that of the nine nights. This can only be performed by a priest, who knows the law accurately, can repeat the sacred word by heart, and speaks the truth. A special place must be constructed for it; thirty paces (which are equal to ninety times the length of the foot) from the fire, the water, and the sacred bundle of rods. In the middle of this space nine pits are dug in the earth, and round them twelve furrows are drawn with a metal instrument. The purifier sprinkles the person who requires cleansing (who is entirely naked) with gomez, from a leaden vessel, with many prayers. He is then rubbed fifteen times with earth; he must then wash himself at each of the nine pits once, twice, thrice with water, after which he is fumigated with fragrant wood. Then follow washings with water and gomez in the third, sixth, and ninth night. "After this," says the book, "the purified person shall bring water of purification to the fire, hard wood, and perfumes; he is to utter praises to Auramazda, to the Amesha Çpentas, and to the rest of the pure ones—so will the man be purified." The purifier must be rewarded for this purification; according to the measure of the man's property the payment rises from small cattle and cows to camels; "in order that the purifier may go away contented and without hatred." Instead of cattle, goods of another description can be given. "But if the purifier goes away discontented, the wicked spirit of impurity comes again into the purified persons, and they are impure for evermore."[371]

In the view of the Avesta impurity consists essentially in that which is opposed to life; hence there is no worse form of uncleanness than that caused by the corpse. The body, as soon as the soul has left it, belongs to Angromainyu. The fiend of death, the Druj Naçu, obtains possession of it, and from it she springs on all who touch it, or come near it. If a man dies, or a dog—and in this matter dogs are put quite on a level with men—and other men and women are in the same house—two, five, fifty, or a hundred—the Druj Naçu comes immediately from the north in the form of a fly, and settles on all the inhabitants of the house and makes them impure with infection, pollution, and uncleanness.[372] In the first instance she is to be met by incantations—the Gathas, Bisamruta, Thrisamruta, Chathrasamruta, must be repeated; then the fiend falls to pieces like grass that has been dead a year.[373] After this the hearth-fire must be removed from the house of the dead, and the sacred utensils—the mortar, the cup, the sacred bundle of rods, and the Haoma. In winter the fire can be kindled again upon the hearth after nine nights; in summer, when the need for warmth and cooked food is less pressing, after a month; any one who does not observe these periods is to be punished with twice two hundred stripes.[374] After purification the kinsmen are to utter prayers for the departed, and the number of these is fixed, in the Vendidad, in the same fanciful manner which is so often met with in the book of Manu. The number decreases according to the degree of relationship; for the nearest kinsmen thirty prayers are spoken; for the most remote, five; if the dead man has led an impure life the number of prayers is doubled in order to give efficacy to the petition.[375]

The preservation and increase of life is the foundation of the teaching of the Avesta. The good life of nature is promoted by planting and agriculture, by tending the useful and destroying the pernicious animals; and by posterity provision is to be made for the life of men. From this point of view the Vendidad lays especial weight on marriage. "I declare," Auramazda says, "that the married is before the unmarried, and he that has a house before him that has none, and the father of children before the childless."[376] We can only ascertain very incompletely from the remaining fragments of the Avesta the rules which it prescribed for family life. We see that bringing about a marriage was regarded as a meritorious work, and marriage between close relations was considered happy. Yet maidens are not to be given in marriage before their fifteenth year.[377] To those who have long remained unmarried the god Haoma, the special protector of life, sends truthful, active husbands, gifted with good understanding (p. 125). We never hear of any difference of the orders in contracting marriage; nor is there the least hint that the priest can only marry a wife of priestly blood, or the husbandman a wife of his own class. On the other hand, the strictest directions are given that the worshippers of Auramazda are only to marry among themselves; marriage with those of an alien religion is severely reprobated. "A man who mingles the seed of the faithful and the unbelievers, the seed of the worshippers of the Daevas with the worshippers of Mazda, keeps back a third part of the flowing water, a third part of the increase of the blooming plants, and their golden fruits; he annihilates a third part of the clothing of Çpenta Armaiti (the Earth); he robs the just men of a third part of their power, their merits, their purity. They who do this are more destructive than forked serpents, than howling wolves, than the she-wolf which rushes on the flocks, than the thousand-fold brood of the lizard, which pollutes the water."[378] The Vendidad gives the house-father a similar power over his wife and children to that given in Manu's law—so far as we can conclude from certain indications. He is to be spoken of with the same reverence as the house-father on the Ganges; the wife is to be honoured, but is to "be watched perpetually, like the fire of Auramazda."[379] With regard to the education of children, we can only gather from the Vendidad they were to be tended for seven years; "protect dogs for six months, children for seven years;"[380] and boys are to be invested in their fifteenth year with the sacred girdle.[381] We remember the sacred girdle which the three upper castes wore and still wear beyond the Ganges; the investiture with this, and adoption into the family and caste—"the second birth" takes place, according to Manu's law, among the Brahman boys in the eighth year, among the Kshatryas, in the eleventh, and the Vaiçyas in the twelfth. The habit of wearing the girdle, which prevails on both sides of the Indus, proves that this custom was in use before the two branches of the Arians separated. Originally the girdle was intended to be a protection or amulet against the evil spirits.[382] In the girdle which the priests prepare with traditional ceremonies, and put on boys in their seventh or tenth year, the modern Parsees see the bond which encloses and unites the worshippers of Auramazda.

If I attempt to supplement the scanty hints of the Avesta on family life from the accounts preserved to us on this subject by Western writers, it must be remembered that the more ancient of these statements hold good only of the West of Iran. But as we have hitherto found the worship and manners of the Persians and Medes, as described by the Greeks, agreeing with the rules of the Avesta, we may suppose that in this province also East and West were in agreement. Herodotus states that the Persians married many wives, and had concubines in addition. They considered it honourable and right to have as many children as possible; next to bravery in war it was the greatest merit to have many children, and the king sent presents every year to the man who had most.[383] Of all days the Persians celebrated most the day on which they were born. A more abundant meal was served on this day: among the wealthy an ox, a horse, or a camel was roasted whole; and smaller animals among those who were poorer. Plato adds: "When the first son, the heir of the kingdom, was born to the king of Persia, all the subjects of the king celebrated the day, and on the birthday of the king there were festivals and sacrifices throughout all Asia."[384] Herodotus observes, that the respect of children for their parents was great. The Persians regarded the murder of parents by a son as impossible; if such a thing happened they believed that the child was supposititious.[385] Aristotle tells us that the power of the father over the sons among the Persians was tyrannical, i. e. unlimited; he treated them as slaves.[386] That the mother was also treated with respect follows from the statement that the son might not remain seated when the mother entered, and could only resume his seat at her permission. At the court of the Achæmenids the mother of the king had the first place, the king the second.[387] That the queen-mother often exercised great influence is shown by the history of this ruling family. Of the careful education of the heir to the throne, the other princes, and the sons of the wealthy Persians, both in the exercise and strengthening of their bodies and in moral training, the Western writers had much to tell.

What the Greeks narrate respecting the celebration of the birthday among the Persians, the distinction of the satraps whose provinces were best cultivated and populated, and the rewards given to those who had most children, agrees entirely with the delight in life which runs through the Avesta, and the exhortations to increase life everywhere present in that book. The Avesta always speaks of one wife only. The polygamy noticed by the Greeks was limited to the rich (the number of wives among the Persians, says Ammian, was regulated by property[388]); in consequence of the religious feeling just noticed, it prevailed, no doubt, far more extensively among the Arians of Iran than among the Indians. Yet the harems of the Indian princes were large. However numerous the harems of the Achæmenids, only one wife was the lawful wife; and she alone, as in India, bore the name of queen: only her sons could be considered heirs to the throne. The other wives greeted the queen on their knees: the queen must belong to the race of the Achæmenids, or at any rate to one of the six tribal princes.[389] The same was the case among the rest of the Persians who had several wives; one only was the house-wife. The Avesta told us above that the wife must be watched. According to Plutarch the Persians were more strict in this matter than the rest of the barbarians; they kept not only the wife but the concubines shut up, and they left the houses in covered cars only.[390] Manu's law also requires that women should be watched (IV. 263). The power of the father, and the respectful attitude of the children to the mother, correspond to the principles of family life which we have seen beyond the Indus. Yet, so far as we can see, marriage was not in Iran so close and firmly established a relation as among the Arians of India, where the wife belonged absolutely to the man, and surrendered herself in complete devotion to him; nor did the relation of children to parents in Iran experience that excellent and happy development which on the whole attended it in India, and of which we can still perceive the results. If Western writers maintain that it was the custom among the Persians to take the nearest relations in marriage, so that even the brother married the sister (of which Herodotus gives an example in Cambyses) and the son the mother after the father's death (the latter is said to have prevailed especially among the Magi)[391]—the Avesta, as we have seen, declared marriages between near relations to be good, and the history of the Achæmenids mentions marriage with sisters more than once. The more extreme assertions, especially in regard to the Magi, are to be regarded as exaggerations of the Greeks, and owed their origin to their astonishment at a custom which was more than revolting. On the relation of the sexes both before and after marriage, and other matters connected with procreation, the Vendidad supplies a number of minute regulations.[392]

The preservation of life also receives great attention in the Avesta. We remember the incantations of the Rigveda which banish sickness into thrushes and woodpeckers, and the sentences of the Atharvaveda against sickness and death (IV. 281). The remedies of the Veda are water and plants. All remedies are in water; the waters of the springs and the waters of the rivers drive away sickness. The plants said, when they came from heaven, that they descended from the water of the sky. "The mortal whom we touch will suffer no harm." "May Agni protect me with the waters, and Soma with the plants," we are told in the Veda; and again: "The plants whose king is Soma, have rescued me from death."[393] The priest who knows the sentences is at the same time the physician, though the Rigveda has a separate name for the latter (IV. 35). How highly the Indians respected doctors and physicians at a later time, in spite of the theory of the Brahmans of the unworthiness of the body, and how it was the custom there in the sixth century B.C. to send for the physician in every sickness, has been mentioned in its place (IV. 323). Proceeding from precisely the same conceptions, the Avesta went on to fill several books with medical remedies. The best mode of healing is that by charms, and the sacred word. In such incantations of the Avesta we are told: "I contend against sickness, I contend against death, I contend against pain, I contend against fever, I contend against the corruption and pollution which Angromainyu has created in the body of men. Sickness, I curse thee; fever, I curse thee; death, I curse thee."[394] The sacred word is invoked to heal by its power. "Mayst thou heal me, O Manthra Çpenta. As a recompense I will give to thee a thousand stall-fed oxen, a thousand spotless cattle, a thousand swiftly-running horses, a thousand camels, swift and with strong backs. I will bless thee with beautiful, pious blessings; with dear, pious blessings, which make the deficient full, and the full to overflow, which bind the friend and make the bond firm."[395] As in the Veda, the remedies are water and plants, "Draw up, ye clouds, draw up," we are told in the Vendidad; "Let the water fall as thousand-fold, ten thousand-fold rain, to drive away sickness, to drive away corruption, to drive away death. May it rain for the renewal of the waters, the earth, the plants, the means of healing."[396] As in the Veda Soma is the king of plants, so in Iran Haoma, the god of life, is the lord of plants.[397] The white heavenly Haoma grows, as we have seen, on the Gaokerena, the tree of heaven; from it springs the earthly Haoma and all plants of which the seed falls from the tree Viçpotaokhma in Vourukasha, which the bird Chamru carries where Tistrya collects the clouds, in order to let the seed fall down from them to the earth.[398] "I, who am the giver of all blessings," says Auramazda, "created this dwelling (the earth), the beautiful, brilliant, and noteworthy; then Angromainyu, who is full of death, created nine diseases, ninety diseases, nine hundred diseases, nine thousand diseases, nine and ninety thousand diseases. Thrita desired as a favour a means to withstand death, to withstand pain, to withstand the heat of fever, and the evil corruptions and filth which Angromainyu has brought into the body of men. Then I, who am Auramazda, brought forth the healing plants, many hundreds, many thousands, many tens of thousands, around the one Gaokerena." The invocation then follows: "We bless thee, we invoke thee, we worship thee for the healing of the body of men, in order to drive away sickness, in order to drive away death, the hot fever and the cold fever."[399]

Thrita, a spirit of heaven, who has a place among the sages and sacrificers of old time (p. 42) was, in the Avesta, the first physician who kept back disease and death; and every one who follows in his course, every physician, must appear as a willing combatant, an active co-operator against the evil spirits, from whom death and disease proceed. According to the Vendidad, those have the first place among the physicians who heal by charms, i. e. by the sacred word, the words of the law; these are the "physicians of physicians;" next come the physicians who heal by remedies; and last of all, those who heal by the knife.[400] These latter must first use the knife on the worshippers of the Daevas; when they have done so three times, and the patient has died each time, they are incapable for ever of practising the art of healing. But if they have healed three worshippers of the Daevas, they are capable of "healing the worshippers of Auramazda, and they can try their skill upon them as they please." The physician is not only to heal sick men, but sick animals also, and above all the sick dog. The Vendidad fixes the sum which the physician is to receive for his services. He is to heal a priest, and ask for no more than his blessing. For healing the overseer of a district he is to receive a yoke of four oxen, and for his wife a she-camel; the overseer of a canton is to pay a large beast of draught, and his wife a mare; the head of a village pays a smaller beast, and his wife a cow; the head of a house a small beast, and his wife a she-ass. For healing a large beast of draught the price is a beast of moderate size; and for one of moderate size, a head of small cattle, etc.[401] Pliny quotes a number of remedies and means of cure used by the Magi, some of them of an extraordinary character; indeed, the impression made on Pliny by the importance ascribed to medicine in the doctrine of Zarathrustra was so great, that he maintained that the Magism of Zoroaster had arisen out of the art of healing, and had introduced, as it were, a higher and sacred medicine. To this was subsequently added the power of religion, and the mathematical arts of investigating the future by the heavens, so that Zoroaster's doctrine had taken possession of the mind of men by a three-fold bond.[402] How greatly he is mistaken in ascribing to the Magians the astrology of the Chaldæans, has been remarked above; the mistake is explained by the fact, that the Avesta includes the astronomical knowledge of the priests of Iran in the books which treated of medicine (p. 52).

The astronomical chapters are lost as well as those on medicine. From our fragments we cannot so much as fix the year by which the Avesta reckons. We merely perceive that it counted by nights, not by days. It is from the Bundehesh that we first learn that the year of Eastern Iran is made up of 360 days in twelve months of thirty days, with five additional days. This year is said to have begun with the vernal equinox, i. e. the period when the vigour of nature again shows itself. In the last five nights of the old year, and the first five nights of the new one, the spirits of the forefathers, the Fravashis, come to their descendants in the houses; they awake with nature to new life (p. 179). The first month is called Farvardin after these spirits; of the remaining eleven, six are called after the Amesha Çpentas, and the remaining five, which are inserted between the six, after Mithra, Tistrya, the spirits of fire and water, and lastly after the law (Din). The inscriptions of the Achæmenids give us nine names of months entirely different from these. Hence the West had its own calendar, as well as its own alphabet, and made use of it as early as the year 500 B.C. In the East the calendar of the Avesta was in use; and this seems to have been current in the West also in the first half of the fourth century B.C. There is no doubt whatever that it was the standard for all Iran at the time of the Sassanids.[403]

We have already set forth in detail what weight the Avesta lays on purity, and the avoidance of contact with dead matter, which has fallen into the power of the Daevas. From these points of view, in consequence of the reform, the priests in Iran came to adopt a peculiar mode of burial. Among the Arians of the Panjab the oldest form of burial was interment, and in time cremation came into use (IV. 62). But could the Athravas allow anything so unclean as a corpse to be laid on fire, the pure "son of Auramazda"? If the corpse was thrown into water the pure water was defiled; if buried in the earth pollution was cast on the beautiful, submissive daughter of Auramazda. Nothing therefore remained for the priests but to leave the corpse above the earth; in this case it served the pure animals, the birds and dogs, for nourishment, and was thus destroyed in the best manner. To throw a corpse into water, to bury or burn it, are great sins, actions which do not admit of expiation,[404] and those who do such things "help the drought which destroys the pasture, and the evil onsweeping winter, which kills the flock, and is full of snow; such men are impure for ever."[405] Any one who buries a dead dog or a dead man in the earth, and does not dig the body up again within half a year, is to receive twice five hundred stripes; any one who allows it to remain in the earth for a year, is to receive twice a thousand stripes; but if a man leaves a corpse in the earth for more than two years, there is for him neither penalty, nor expiation, nor purification.[406]

The dead are to be carried away on peculiarly dry paths, little trodden by cattle, beasts of draught, and pure men, and laid on the driest and barest places in the earth, on the highest eminences where carnivorous birds and dogs may most easily see them.[407] The soil is to be dug out, waist deep, if the earth is soft; if hard, to the depth of half a foot, and this depression is to be filled with tiles, stones, and dust; for damp earth contracts pollution most readily, whereas stones, tiles, and dust contract it very slowly. To this place (Dakhma) the naked corpse is to be taken on a bier, which has a foundation of stones or tiles, by two strong men—never by one: one bearer would pollute himself for ever, and the Druj Naçu would never leave him. Any one who throws a cloth on the dead must be punished with twice four hundred, or twice a thousand stripes, according to the size of the cloth. The corpse is to be placed on the Dakhma, with the face turned to the sun (any one who does not place the body with its face to the sun, is to pay the same penalty as is prescribed for the murder of a pure man[408]): the corpse is then to be secured in its place by iron, stones, or lead, attached to the feet or hair, in order that the birds and dogs may not carry away the bones and remains to water and trees: the neglect of these fastenings is to be punished with twice two hundred stripes.[409] If it rains or snows, or the wind is strong, so that the necessary preparations cannot be made on the day of death, the corpse can be carried on its own bed and mat to the Dakhma.[410]

At these burial-places the Daevas hold their meetings; there they propagate and assemble, "in order to bring to death, fifty, a hundred, a thousand, ten thousand, an innumerable host of men;" there the Daevas are most dangerous and deadly to men: for in the places of burial are "infection, disease, fever, impurity, ague, trembling, and old hair." A Dakhma is not pure till the body has been eaten by dogs and birds, till the remains have entirely changed into dust, and become utterly mixed up with the foundation of mortar, tiles, and stones. When this point has been reached, the Dakhma should be levelled. Such destruction of the place of burial is regarded by the law-book as the annihilation of death itself; as one of the highest virtues of the faithful. "He who levels only so much as the size of his own body of a burial-place," says the book of the law, "has repented of all his sins which he has committed in thought, speech, and action; he has not only repented of them, but he has expiated them, and the two heavenly powers will not begin a contest about his entrance into paradise."[411]

The prescriptions of the law for the purification of the vessels and clothes which have touched the corpse, are given from regard to utility, and from the point of view of a certain simple rationalism, which forms an advantageous contrast between Iran and India. Vessels of lead, wood, and earth, are impure for ever; vessels of gold and silver can be taken into use again after a number of washings with gomez. Garments on which spittle, moisture, or dung have fallen are to be cut in pieces and buried; in other cases they can be purified with gomez, water, and earth, and aired, and then again taken into use for women at the time of impurity. The house of the dead is pure when the period for the extinction of the fire is over, when the prayers appointed for the dead have been said, and the inhabitants of the house have had their bodies and clothes washed three times, and the sacred hymns have been sung (p. 215).

For the bearers, who have carried a corpse to the Dakhma, and those who in any way have come into contact with a corpse, special forms of purification are necessary. The washing of the bearers must be begun immediately after the corpse has been deposited. For this purpose the gomez of the nearest male and female relation of the dead is required as well as that of "cattle and beasts of draught." At the last washing the Druj Naçu springs out of the forehead between the eyebrows, from thence to the shoulders and under the arms, until at length by continued ablutions she is driven into the left toes, and is compelled to pass away from there to the north in the form of a fly.[412] In order to purify the way on which the dead has been carried to the Dakhma, a dog must be led along it, three times, six times, and nine times. Then a priest must walk along it, who pronounces the "victorious words," i. e. certain exorcisms. "I drive back the Daevi Druj, so that she flies to the North. Avaunt! She must not slay the corporeal world of the pure. May Auramazda and Çpenta Armaiti protect us from our enemies; may Çraosha come, and Vohumano."[413] The worst of all forms of pollution is that contracted by touching a corpse in a distant place in solitude, for here the power of the demon was greatest. Any one to whom this has happened, is to wash himself fifteen times with water, and rub himself an equal number of times with earth, to hurry away from the spot, and call out to every one whom he meets: "I have touched a dead body, without wishing it in thought, word, or deed; my desire is purification." Every one is to avoid him unless he wishes to bring on himself the guilt of the impure man.[414]

Pools and streams are polluted by corpses till the corpses have been removed and rain has thrice fallen upon the water; after this cattle and men can again drink of the water. So long as the corpse lies in a river, the fiend of death extends over nine paces above and three paces below it, and six paces on either side; in a pool the domain of the fiend is six paces in every direction; in snow and ice-water it is three paces. When Zarathrustra asks, whether the water which falls from heaven on the corpse is impure, the god answers, "I, Auramazda, allow the water to go forth from Lake Vourukasha, with storms and clouds, and to fall on a corpse; I, Auramazda, and to flow upon a burial-place, and upon a dung-heap, and carry away a bone, and wash all into Lake Puitika (the pool of purification in heaven). When purified the waters flow from Lake Puitika into Lake Vourukasha. I, Auramazda, rain down herbs of all kinds, to be food for the pious men, food for the useful cattle. With such speeches Auramazda appeased the just Zarathrustra."[415] Zarathrustra further inquires, whether corpses which have been carried by dogs, wolves, and panthers to a field make the field and men impure? Auramazda, as frequently happens in such cases, argues from the point of view of the possible and attainable. "If such corpses," says the god, "rendered men impure, all mankind would quickly be rendered impure owing to the multitude of the corpses which are upon the earth." But Zarathrustra is not satisfied; he says: "A man dies in the hollow of a valley; from the heights of the mountains a bird flies down to the valley, and then back to the summit of a mountain, and alights on a tree of hard or soft wood. There he is sick and voids excrements. Then a man goes up from the valley to the summit of the mountain, and comes to the tree, on which the bird has sat, and seeks fuel for his fire. He cuts the tree down, splits it up, and kindles a fire with it. What is his penalty?" Auramazda again replies that nothing carried away by wolves, dogs, birds, flies, or winds pollutes men. But now it occurs to Zarathrustra, or rather to the priests who have written these things down, whether the animals which have eaten the corpses are not impure. This difficulty Auramazda solves by declaring the animals pure; but no flesh of such animals is to be eaten within a year, or offered for sacrifice.[416]

With the exception of Herodotus, Strabo, and Agathias, the Western writers give us only very exaggerated accounts of the peculiar mode of burial in use among the Persians. Herodotus has already told us that the corpses of the Magians were exposed to dogs and birds; with regard to the corpses of the rest he had no accurate knowledge, for a mystery was made of the matter.[417] Onesicritus relates that those Bactrians, who were weakened by disease and age, were thrown to dogs brought up for the purpose and called buriers of the dead; and Strabo says that among the Caspians, parents, when they had reached seventy years of age, were shut up by their children, and so killed by starvation;[418] though he also observes that the Magians gave over the corpses to birds.[419] Cicero narrates that it was not the custom of the Magians to bury the corpses of their dead before they had been torn by wild animals: in Hyrcania a peculiar kind of dog was reared—by the lower classes in common; of the wealthier men each had his own—by which they might be torn after death, and this was considered the best kind of burial.[420] From Eusebius we hear that the Medes gave the dying to carefully-reared dogs; the Hyrcanians and Caspians those who were still alive; the Bactrians the old; others the dead.[421] Agathias, on the other hand, tells us, that the dead among the Persians were carried out before the gates of the cities naked and without a coffin, and eaten by dogs, so that the bones lay about in the fields. If any man's corpse was not at once eaten, the Persians believed that he had been of an unholy mind, that his soul was unjust and wicked, and so had come into the power of the evil spirits, and would be carried into hell. Such men were lamented by their friends, because they had no part in the better lot. Those who were most quickly eaten up, the Persians praised as fortunate; they called their souls the best, and like the gods, and said of them that they had gone into the good land.[422]

The Greeks maintained that the Achæmenids were buried at Pasargadae and Persepolis, and that the corpse of Cyrus rested at Pasargadae.[423] Of Darius we are told that even in his lifetime he caused his tomb to be prepared on the summit of a mountain. The corpses of Artaxerxes I. of Damaspia, and of his son Xerxes, were buried, according to Ctesias, in Persia.[424] The last Darius was buried by Alexander in the royal sepulchre, when he had already given the honours of burial to the Persian queen Statera.[425] Diodorus tells us that these tombs were on the eastern side of the citadel of Persepolis, at a distance of four hundred feet, in the "royal mountain." The rock was hewn out, and contained several chambers. But these tombs had no entrance; the corpses were drawn up by machines to the summit, and so laid in them.[426]

The burial-places of the rulers of ancient Persia can still be recognised. Some hundred paces to the east of the remains of the royal palace at Persepolis, towards the rising of the sun, precisely as Diodorus describes the place, are three stone pictures in Mount Rachmed. Sculptures which begin three hundred feet above the ground on the perpendicular front of the mountain form three high façades, with pillars, which present a gateway with woodwork, supporting a large canopy, on which are seen several rows of dogs; the same animals are to be seen on the lower lines of ornamentation. Within this framework are the pictures of the buried sovereigns. In the left hand is the bow without a string; the right is raised in an attitude of prayer, and the figures are standing before an altar of burning fire. The king is supported on a foundation upheld by the arms of several rows of men, who represent the conquered lands. Two leagues to the north of Persepolis are four great sculptures, now called Naksh-i-Rustem, i. e. pictures of Rustem, of a similar kind, but beginning only sixty or seventy feet from the ground, deeply cut in the perpendicular wall of two hundred feet in length. Three of these pictures are close together; the fourth is on a spur of the rock, at right angles to the other three. The centre of the three marks the tomb of Darius, the son of Hystaspes. It is the only one among the seven monuments which has inscriptions.

The corpses of the princes might have been exposed to the sun, the dogs, and birds on the summit above these pictures. In that case they would merely mark the place of exposure, and these rocks would be burial-places like those of the modern Parsees in Bombay. But behind the sculptures, though not accessible from them, sepulchral chambers have been discovered. From this, and from the description which the Greeks give us of the tomb of Cyrus, we must draw the conclusion that the Persian custom of burial did not agree with the rule of the Avesta—with the exception of the priests, whose corpses, as Herodotus expressly states, were exposed. The Vendidad laments that in certain districts of the East, Arachosia and Chakhra, the dead were burned, or buried.[428] Under the Sassanids exposure was strictly observed both in the East and West, as is clear from the account of Agathias already quoted, and all the statements which relate to this later period.

The regulations of the book of the law with regard to the burial of corpses and the places of exposure are still strictly observed by the Parsees. Great care is taken at the erection of a Dakhma that the rain-water can run off from the bier of the corpse. At the last moment a dog is brought into the presence of the dying person, so that its eye may be directed on him; and when a woman with child dies two dogs are brought, because two lives are in question. The eye of the dog has the power to keep the evil spirits at a distance. But every one must remain at nine paces distance from the dying person. After death the two corpse-bearers at once strip the body—their hands are protected from immediate contact by napkins made of old clothes—and carry it on a bier of iron—for metal contracts less pollution than wood—accompanied by the prayers of the priests, to the place of burial. The kinspeople follow the corpse in silence to within ninety paces of the Dakhma. For the first three nights the priests and kinsmen repeat continually the prescribed prayers for the soul of the dead; in the third night the decision is made at the bridge of Chinvat (p. 178). The burial-places of the Parsees at Bombay are situated on a mountain on the coast, on the summit of which several hollows have been cut. From a distance the relatives look eagerly to this summit, to see whether the vultures are already attacking the corpse, and which part of it they first consume. For the first year after death a prayer is said daily before meals for the soul of the dead to the Fravashis of the pure,[429] and a service is held on the day of the month on which the death took place. In the years that follow, on the fourth, tenth, and thirtieth day of each month, as the book prescribes, but above all on the festival of all souls—i. e. on the feast of the ten nights during which the Fravashis come down (p. 224)—prayers are said for the dead.

It is hardly possible to ascertain the arrangement and life of the state from the very scanty and obscure traits in the existing fragments of the law. We have no rules on the rights and duties of the monarchy, though these were included in the Avesta, if we may trust the list of contents.[430] But the splendour of majesty as it dwelt with the rulers of old time, with Yima, Thraetaona, and Kereçaçpa, and was imparted to Çyavarshana and Vistaçpa, is brought strongly into prominence; and among the Amesha Çpentas we found the spirit of good order, of good government. Of the position of the orders so much only is clear—that the priests claimed precedence over the warriors and husbandmen; that the Avesta allows them certain privileges of moderate extent (p. 187); and that the priestly families did not form exclusive castes, though the priestly functions were hereditary in them. Still less can we learn of the families of the warriors. We do not hear that they enjoyed a favoured position; they are merely mentioned before the husbandmen; and the Vendidad also gives us some information about their armour. It should consist of a coat of mail and helmet, a girdle and greaves, a bow with thirty arrows, a sling with thirty stones, a sword, a club, and a lance.[431] Under the Achæmenids there were rich families in Bactria and Sogdiana, in which we may no doubt venture to find descendants of the old military families, enjoying an influential position in politics; under the Sassanids the knightly nobility of Iran comes plainly to the front. The Avesta speaks of great and intermediate houses, of important and unimportant inhabitants of the villages. We also read of rich and poor, men who have property and beggars; and mention is made of tradespeople and slaves. The Avesta rises from the lord of the house to the lord of the village or community (viç), then to the lord of the tribe or canton (zantu) and to the lord of the province (danhu); an arrangement which corresponds to the Indian government as fixed by Manu's regulations. When Alexander of Macedon forced his way to Bactria and Sogdiana, he met with resistance from the native overseers of cantons or chieftains, whom he had summoned to Zariaspa, "the largest city" in Bactria (p. 12).[432] When the castles of the most powerful had been taken, and their lords had submitted, he sought to gain them by marrying their daughters to the captains of his army, while he himself took to wife the daughter of the Bactrian Oxyartes.

The protection of property is obviously a matter of great importance in the Avesta. The utility of dogs is frequently mentioned, which protect flocks and villages from thieves and wolves. Theft is looked on as especially wicked, because the thief leads a roving life, eats raw and unprepared food, and carries on his evil work in the darkness.[433] In regard to contracts the Vendidad distinguishes six kinds, according as they are concluded by word, by the pledge of hands, and are concerned with the value of a head of small cattle, a beast of draught, a man (i. e. a slave), and a piece of land. Anyone who violates the first kind is to receive 300 blows with the rod, and 300 with the whip, and the punishment increases in the violation of the other kinds up to 1000 stripes with both instruments.[434] To check injury of the person the Vendidad lays down the rule, that anyone who lifts up his weapon against a man without beating him, is to receive twice five stripes the first time, and twice two hundred on the seventh occasion of committing the offence, if he has not expiated the preceding six offences; if he has expiated them, the measure of the first offence is dealt out on each occasion. Anyone who attacks another not in anger but with malice, is to be punished with twice fifteen, and on the sixth occasion with 200 stripes, in case he has not expiated the former offences. Anyone who inflicts a wound on another, is punished the first time with twice thirty, the fifth time with twice two hundred stripes. The same punishment is inflicted on a man who breaks the bones of another, if he does not expiate the offence. If the wound proves fatal, he is to be punished with twice ninety stripes, and on a second offence with twice two hundred.[435]

We have but few indications in the Avesta from which to draw conclusions as to the state of civilisation. The amounts to be paid to the purifier and the physician are given in animals; the series of contracts is determined according to the value of small cattle, beasts of draught, slaves, and landed property. But other property may be given in place of the animals; we find mention of money (shaeta),[436] and, as has been observed, of tradespeople; of mats and carpets, vessels of earth, silver, and gold, rich garments, palaces with pillars and turrets, ovens for smelting and for glass. The art of the physician cannot have been in a primitive stage, when so much space is devoted to remedies (p. 223), and the physicians who heal with the knife are designated as a separate class. So far as I can see, the Avesta betrays a state of civilisation, which, beginning from the pastoral condition, has remained in close connection with cattle-breeding and agriculture, but has also reached a more advanced stage. The unions of the tribes seem dissolved, and neither the previous importance of the warlike families nor their present position is brought prominently forward. This, no less than the liberal imposition of bodily punishment, shows that long before the dominion of the Achæmenids, the East of Iran must have been in the hands of princes who ruled with despotic power.

FOOTNOTES:

[342] "Mihr Yasht," 38, 116, 117.

[343] "Vend." 1, 18, 20; 18, 22-32.

[344] Herod. 1, 136; Plato, "Alcib. I." p. 122; Xen. "Cyri instit." 8, 8, 2; Diod. 16, 43.

[345] "Vend." 18, 35-42; 53-57.

[346] "Vend." 3, 105 ff.

[347] Loc. cit. 3, 1-20.

[348] Herod. 7, 31.

[349] "Œconom." 4, 13 ff.

[350] Ibid. 4, 20-24.

[351] Ibid. 4, 8-12; "Cyri instit." 8, 6, 16.

[352] Darmesteter, "Haurvatat et Ameretat," p. 64 ff.

[353] "Vend." 13, 125-162.

[354] "Vend." 15, 2, 3, 4.

[355] "Vend." 15, 5, 20, 21, according to Goldner's translation. [Cf. Darmesteter.]

[356] "Vend." 13, 97-105.

[357] "Vend." 13, 26-47.

[358] It is not certain whether the udra of the Vendidad is the water-dog (spaniel?) or the otter.

[359] "Vend." 13, 169-174; 14, 4-75.

[360] Agath. 2, 24.

[361] "Vend." Farg. 17.

[362] "Wer den Urin mit vorgestrecktem Fusse lässt macht die Drudsch schwanger," so dass sie neue Unholde gebären.

[363] "Vend." 5, 45-55, 136-157; 7, 158-182.

[364] Herod. 1, 133; Xen. "Cyri instit." 1, 2, 16; 8, 9, 11; Plin. "H. N." 28, 19.

[365] "Vend." 9, 161.

[366] "Vend." 9, 187.

[367] "Vend." 5, 23-25.

[368] "Vend." 3, 140-147; 8, 87.

[369] "Vend." 10, 11, 12, 17, 18, 26-28.

[370] "Vend." 8, 275, 276.

[371] "Vend." 9, 119-158; 19, 69-80.

[372] "Vend." 5, 83-108; 7, 4 ff.

[373] "Vend." 9, 168-171; Farg. 10.

[374] "Vend." 5, 124-135.

[375] "Vend." 12, 1-59.

[376] "Vend." 4, 130-133.

[377] "Vend." 14, 64-66.

[378] "Vend." 18, 123-133, after Harlez' translation. [Cf. Darmesteter.]

[379] "Vend." 15, 126.

[380] "Vend." 15, 125.

[381] "Vend." 18, 115.

[382] "Vend." 18, 23.

[383] Herod. 1, 135, 136.

[384] Plato, "Aloib. I."; p. 121.

[385] Herod. 1, 137.

[386] "Ethic. Nicom." 8, 10, ed. Zell.

[387] Curt. 5, 9; Plut. "Artax." c. 5.

[388] Ammian, 23, 6.

[389] Herod. 3, 70, 88; Dinon. fragm. 17, ed. Müller; Ctes. "Pers. Ecl." 44.

[390] Plut. "Themist." c. 26.

[391] Herod. 3, 31; Diogen. Laert. Prooem. 6; Plut. "Artax." c. 26; Ctes. "Pers. Ecl." 44; Agathias, 2, 23; Heracl. Cum. fragm. 7 ed. Müller.

[392] The regulations respecting sexual intercourse, abortion, etc., which here follow in the German text will be found in "Vend." 16, 33-40; 18, 100-122, 136, 152; ib. 15, 9-17, 60; 18, 115; ib. 18, 115-119; ib. 8, 74-82; ib. 8, 96-106.

[393] "Rigveda," 10, 97, 17; "Atharvaveda," 2, 10, 2; 8, 1, 18 in Darmesteter loc. cit. 73, 76.

[394] "Vend." 20, 19, 25.

[395] "Vend." 22, 7-38.

[396] "Vend." 21, 3-19.

[397] Justi, "Bundehesh," c. 24.

[398] West, "Mainyo-i-Khard," c. 62. Above, p. 172.

[399] "Vend." 20, 11-20.

[400] "Vend." 7, 118, 121.

[401] "Vend." 7, 105, 117.

[402] "H. N." 30, 1.

[403] Von Gutschmid ("Das iranische Wandeljahr, Berichte der K. Sächsischen Gesellschaft der Wiss." 1862) places the establishment of the cycle, by which, in order to bring the year of 365 days into agreement with the natural time, a month was inserted every 120 years, and consequently the introduction of the East Iranian calendar into the whole kingdom, in the year 411, or between 428 and 381 B.C. That the beginning of the year was universally placed in the spring after the introduction of this calendar, and fixed between March and the middle of June, would follow from the importance of the Farvardin festival, even if it were not sufficiently vouched for by other evidence. The Bundehesh (c. 25) speaks of the year as fixed, inasmuch as it reckons the shortening of the days from a certain day in the month of Tir, and puts the shortest day on the 20th of the month of Din, yet it adds that the priests reckoned on this basis, and that the lunar year did not correspond to the year thus calculated. The Cappadocian names for the months are those of the East Iranian calendar; and the Cappadocians cannot have obtained these till the calendar was current throughout the whole kingdom of the Achæmenids. On this ground also Von Gutschmid's dates do not seem to be too high.

[404] "Vend." 1, 48; 6, 6 and loc. cit.

[405] "Vend." 7, 65-71.

[406] "Vend." 3, 122-136.

[407] "Vend." 6, 93-95; 8, 13; 3, 50-54.

[408] "Vend." 5, 13, 14, 47, 48.

[409] "Vend." 6, 98 ff.

[410] "Vend." 6, 106.

[411] "Vend." 7, 126-147.

[412] "Vend." 8, 34-36; 130-228.

[413] "Vend." 8, 38-64.

[414] "Vend." 8, 271-310; 9, 164-166.

[415] "Vend." 5, 15-21, according to Geldner's rendering.

[416] "Vend." 5, 1-22; 7, 189-191.

[417] Herod. 1, 140; 3, 16.

[418] Strabo, p. 517.

[419] Strabo, p. 735. Cf. p. 520.

[420] "Quaest. Tuscul." 1, 45.

[421] Euseb. "Praep. Evang." p. 277.

[422] Agath. 2, 23.

[423] Diod. 17, 71; Arrian, "Anab." 3, 22; 6, 29.

[424] Ctes. "Pers. Ecl." 44, 46; Strabo, p. 730.

[425] Arrian, l. c.; Justin, 11, 15; Aelian, "Var. Hist." 6, 8; Plut. "Alex." c. 30.

[426] Diod. 17, 71; cf. Ctes. "Pers. Ecl." 15.

[427] K. Niebuhr, "Reise," 2, 150 ff.

[428] "Vend." 1, 46, 48, 60, 64; cf. above, p. 137, 138.

[429] "Yaçna," 26.

[430] Above, p. 52. The Mainyo-i-Khard contains some rules on the duties of the king. The prince is to defend the city and land against enemies and risings, to respect water and fire, to keep at a distance bad laws and customs, and promote the worship of Auramazda, and good works, and to bring back to the right way those who have left it. A king of this kind is like the Yazatas and Amesha Çpentas: c. 15, 20, 33, 68, ed. West.

[431] "Vend." 14, 32-40.

[432] Arrian, "Anab." 4, 1, 5.

[433] "Vend." 13, 143-145.

[434] "Vend." 4, 4-53 according to Harlez.

[435] "Vend." 4, 54-113. Even after all that has been advanced by De Harlez, "Avesta," p. 101, I cannot convince myself that the stripes appointed here and elsewhere in the Vendidad are to fall, not on the guilty, but on animals of Angromainyu. If animals are to be killed, we are told so expressly in the Vendidad, and this duty is often mentioned along with the stripes (p. 209). To kill twice 90 or 200 flies or lizards is no equivalent for murdering a man. I allow that no one could endure blows by thousands, if they were given in earnest, yet in running a "muck" five and six hundred very severe blows have been endured. In my opinion the punishments of the Avesta are not intended for legal penalties; they mark what was needed, in the opinion of the priests, to expel the evil disposition, which could recur again and again.

[436] "Vend." 4, 120; "Astad Yasht," 1; Justi, "Handbuch," sub. voc.