‘GAZETTEER OF PERSIA VOL. I Comprising the Provinces of ASTARÁBÁD, SHÁHRUD-BÚSTAN, KHÚRÁSÁN, AND SÍSTÁN’ [‎250v] (507/722)

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cannot be a privilege more essential to the welfare of a people than that
of choosing, or even influencing the choice of their magistrates. It is true
that these cannot always screen them from the hand of power ; and they
are often compelled to become the instruments of oppression. But still the
popularity with their fellow-citizens, which caused their elevation, continues
to be their strength ; and in the common exercise of their duties they
exhibit every attention to their comfort, happiness, and interests. It is
important to state in this place that in every city or town of any conse
quence the merchants, tradesmen, mechanics, and labourers have each a head,
or rather a representative, who is charged with the peculiar interests of
his class, and conducts all their concerns with the governor of the town.
This person is chosen by the community to which he belongs, and is
appointed by the king. He is seldom removed from his situation, except
on the complaint of those whose representative he is deemed ; and even
they must bring forward and substantiate charges of neglect or criminal
conduct before he is degraded from the elevation to which their respect
had raised him.
It must be obvious that no general description of the administration of
justice can comprehend the various communities which form the population of
an empire like Persia. It has been before mentioned that the military part of
the inhabitants of that country are divided into tribes, who derive their origin
from different nations. The Turkish from Turkistan or Tartary ; the Arabs,
from Arabia; and the original tribes of Persia, consisting of Kurdish, Lak,
Zand, and many others. All these tribes, though speaking different lan
guages, have nearly similar customs. They usually dwell in tents, subsist
upon their flocks or the chase, and change their residence with the season.
The system of the internal government of the whole of this race of men is
nearly the same. They profess the Muhammadan religion, and consequently
acknowledge the authority of the written law as laid down in the Kuran and
the^ traditions. During the reign of the Safavian kings, the sadr-iis-
sadur, or chief pontiff, appointed a kazi, or judge, to every one of the
principal tribes of Persia; and the power of this person formed a
considerable check upon the chief of the tribe. Nadir Shah, when he abol
ished the office of sadr-us sadur, changed this system; and the only persons
of a religious character who at present remain with the tribes are mullas,
who can perform marriage ceremonies, give names to children, or repeat the
prayers at a funeral. In any case of importance that they have occasion
to refer to the courts of shara, they apply to the kazf, or shaikh-ul-Islam
ot the nearest town.
1 he customary law of these tribes differs materially from that of thi
rest of the population. They have, in fact, a separate system of jurisdiction
Besides the chief, there are persons at the head of each division or branch
ZktprTt e i- e l derS \ o TheS ® are m S en eral either nearly or remotel}
relat.el to the chief; and form the magistracy of the tribe in peace, and
its officers m war Their station is, like that of their chieftain, hereditary.
It is fiom one of this body of elders that the latter, when he does not
to'thirl h 4 ’ “"f 8eleCt his de P ut ^ The he appoint!
to this office has as much power over the tribe as a governor of a citv ha‘
C ' s to somef i a “ d alth ° U ! US rU ' e ' fr ° m ‘ he ‘ ,abits o£ those unde!
him is in some instances more lenient and patriarchal, it is in others more
spelt; f r cCrTt r e ° £ , a r^y “er. But, generally
speaking, the chiefs o£ tribes and those they depute to govern in their