Page:The age of Justinian and Theodora (Volume 2).djvu/28

This page needs to be proofread.

reptiles in general, and certain birds.^[1] In some cases it was permitted to the subject to take the law into his own hands and to slay the guilty person on the spot. Such culprits were the highwayman, the sodomite, the prostitute, and anyone caught in the act of burning a corpse.^[2] On the whole, however, capital punishment was infrequent, and almost any trespass, even murder, could be atoned for by making a money payment to the Magi.^[3]

In the sociology of Mazdeism the strangest phenomenon that developed itself was the tenet that affinity by blood was the highest requisite in a marriage contract. This principle was inculcated by the priests to an extreme degree, so that the closer the relationship the more acceptable was the union affirmed to be in the eyes of the Deity. Not only could brother and sister marry under religious sanction, but

↑ Vendidâd, xiv, 5 (9). Part of the expiation for the murder of an otter was to kill 10,000 of every sort of noxious animal. The punishments, or tasks imposed in lieu of, are sometimes so extravagant, that they can only be intended to emphasize the heinousness of the sin, a useful principle to elevate the authority of the priesthood; cf. Herodotus, i, 140.
↑ Vendidâd, viii, 26 (74); 74 (233); xviii, 61 (123); cf. iii, 38 (130); iv, 47 (130). As will be seen from these passages a proselyte to Mazdeism began a new life with a clean slate. Thus a member of an alien faith could commute the severest penalty by announcing himself as a convert to the religion of Zerdusht.
↑ Vendidâd, xiv, 2; cf. Herodotus, i, 137; vii, 194. Punishment was inflicted with a sraosha (sort of whip), and each stripe was valued at six rupees. In practice the maximum was 200 stripes for a peshotanu or culprit of the worst class, whatever the nature of the crime, but when it was really meant to decree the death penalty the allotted number was much greater, even up to 10,000; see Darmsteter, op. cit., p. lxxxv. In the entourage of the monarch, however, the same cruel punishments were maintained as have always been associated with Oriental despotism, viz., flaying alive (Ammianus, xxiii, 6; Agathias, iv, 23), and even "the boat" (Plutarch, Artaxerxes; Damascius, Vit. Isidori).

[1] Vendidâd, xiv, 5 (9). Part of the expiation for the murder of an otter was to kill 10,000 of every sort of noxious animal. The punishments, or tasks imposed in lieu of, are sometimes so extravagant, that they can only be intended to emphasize the heinousness of the sin, a useful principle to elevate the authority of the priesthood; cf. Herodotus, i, 140.

[2] Vendidâd, viii, 26 (74); 74 (233); xviii, 61 (123); cf. iii, 38 (130); iv, 47 (130). As will be seen from these passages a proselyte to Mazdeism began a new life with a clean slate. Thus a member of an alien faith could commute the severest penalty by announcing himself as a convert to the religion of Zerdusht.

[3] Vendidâd, xiv, 2; cf. Herodotus, i, 137; vii, 194. Punishment was inflicted with a sraosha (sort of whip), and each stripe was valued at six rupees. In practice the maximum was 200 stripes for a peshotanu or culprit of the worst class, whatever the nature of the crime, but when it was really meant to decree the death penalty the allotted number was much greater, even up to 10,000; see Darmsteter, op. cit., p. lxxxv. In the entourage of the monarch, however, the same cruel punishments were maintained as have always been associated with Oriental despotism, viz., flaying alive (Ammianus, xxiii, 6; Agathias, iv, 23), and even "the boat" (Plutarch, Artaxerxes; Damascius, Vit. Isidori).

[1]

[2]

[3]