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diff --git a/28674-tei/28674-tei.tei b/28674-tei/28674-tei.tei new file mode 100644 index 0000000..db0773f --- /dev/null +++ b/28674-tei/28674-tei.tei @@ -0,0 +1,23270 @@ +<?xml version="1.0" encoding="utf-8" ?> + +<!DOCTYPE TEI.2 SYSTEM "http://www.gutenberg.org/tei/marcello/0.4/dtd/pgtei.dtd" [ + +<!ENTITY u5 "http://www.tei-c.org/Lite/"> + +]> + +<TEI.2 lang="en"> +<teiHeader> + <fileDesc> + <titleStmt> + <title>Babylonian and Assyrian Laws, Contracts and Letters</title> + <author><name reg="Johns, C. H. W.">C. H. W. Johns</name></author> + </titleStmt> + <editionStmt> + <edition n="1">Edition 1</edition> + </editionStmt> + <publicationStmt> + <publisher>Project Gutenberg</publisher> + <date>May 3, 2009</date> + <idno type="etext-no">28674</idno> + <availability> + <p>This eBook is for the use of anyone anywhere at no cost and + with almost no restrictions whatsoever. You may copy it, give it + away or re-use it under the terms of the Project Gutenberg + License online at www.gutenberg.org/license</p> + </availability> + </publicationStmt> + <sourceDesc> + <bibl> + Created electronically. + </bibl> + </sourceDesc> + </fileDesc> + <encodingDesc> + </encodingDesc> + <profileDesc> + <langUsage> + <language id="en"></language> + <language id="el"></language> + <language id="he"></language> + </langUsage> + </profileDesc> + <revisionDesc> + <change> + <date value="2009-05-03">May 3, 2009</date> + <respStmt> + <name> + Produced by Adrian Mastronardi, David King, and the Online + Distributed Proofreading Team at <http://www.pgdp.net/>. + (This file was produced from images generously made available by + The Internet Archive/Canadian Libraries.) + </name> + </respStmt> + <item>Project Gutenberg TEI edition 1</item> + </change> + </revisionDesc> +</teiHeader> + +<pgExtensions> + <pgStyleSheet> + .boxed { x-class: boxed } + .shaded { x-class: shaded } + .rules { x-class: rules; rules: all } + .indent { margin-left: 2 } + .bold { font-weight: bold } + .italic { font-style: italic } + .smallcaps { font-variant: small-caps } + </pgStyleSheet> + + <pgCharMap formats="txt.iso-8859-1"> + <char id="U0x2014"> + <charName>mdash</charName> + <desc>EM DASH</desc> + <mapping>--</mapping> + </char> + <char id="U0x2003"> + <charName>emsp</charName> + <desc>EM SPACE</desc> + <mapping> </mapping> + </char> + <char id="U0x2026"> + <charName>hellip</charName> + <desc>HORIZONTAL ELLIPSIS</desc> + <mapping>...</mapping> + </char> + </pgCharMap> +</pgExtensions> + +<text lang="en"> + <front> + <div> + <divGen type="pgheader" /> + </div> + <div> + <divGen type="encodingDesc" /> + </div> + + <div rend="page-break-before: always"> + <p rend="font-size: large; text-align: center">Library of Ancient Inscriptions</p> + <p rend="font-size: xx-large; text-align: center">Babylonian And Assyrian</p> + <p rend="font-size: xx-large; text-align: center">Laws, Contracts and Letters</p> + <p rend="font-size: large; text-align: center">By</p> + <p rend="font-size: x-large; text-align: center">C. H. W. Johns, M.A.</p> + <p rend="font-size: large; text-align: center">Lecturer in Queens' College, Cambridge, and</p> + <p rend="font-size: large; text-align: center">King's College, London</p> + <p rend="text-align: center">New York</p> + <p rend="text-align: center">Charles Scribner's Sons</p> + <p rend="text-align: center">1904</p> + </div> + <div rend="page-break-before: always"> + <head>Contents</head> + <divGen type="toc" /> + </div> + + </front> +<body> + +<pb n='v'/><anchor id='Pgv'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<head>Dedication</head> + +<p> +To<lb/> +My Mother<lb/> +In Memory Of Loving Help +</p> + +</div> + +<pb n='vii'/><anchor id='Pgvii'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>Preface</head> + +<p> +The social institutions, manners, and customs of an ancient +people must always be of deep interest for all those to +whom nothing is indifferent that is human. But even for +modern thinkers, engrossed in the practical problems of our +advanced civilization, the records of antiquity have a direct +value. We are better able to deal with the complicated +questions of the day if we are acquainted with the simpler +issues of the past. We may not set them aside as too +remote to have any influence upon us. Not long ago men +looked to Greece and Rome for political models. We can +hardly estimate the influence which that following of antiquity +has had upon our own social life. +</p> + +<p> +But there is a deeper influence even than Greek politics +and Roman law, still powerfully at work among us, which +we owe to a more remote past. We should probably resent +the idea that we were not dominated by Christian principles. +So far as they are distinct from Greek and Roman +ideals, most of them have their roots in Jewish thought. +When a careful investigation is made, it will probably be +found that the most distinctive Christian principles in our +times are those which were taken over from Jewish life, +since the Old Testament still more widely appeals to us +than the New. But those Jewish ideas regarding society +have been inherited in turn from the far more ancient Babylonian +civilization. It is startling to find how much that +we have thought distinctively our own has really come +down to us from that great people who ruled the land of +<pb n='viii'/><anchor id='Pgviii'/> +the two streams. We need not be ashamed of anything +we can trace back so far. It is from no savage ancestors +that it descends to us. It bears the <q>hall mark,</q> not only +of extreme antiquity but of sterling worth. +</p> + +<p> +The people, who were so highly educated, so deeply +religious, so humane and intelligent, who developed such +just laws, and such permanent institutions, are not unprofitable +acquaintances. A right-thinking citizen of a modern +city would probably feel more at home in ancient Babylon +than in mediæval Europe. When we have won our way +through the difficulties of the language and the writing to +the real meaning of their purpose and come into touch with +the men who wrote and spoke, we greet brothers. Rarely +in the history of antiquity can we find so much of which we +heartily approve, so little to condemn. The primitive virtues, +which we flatter ourselves that we have retained, are +far more in evidence than those primitive vices which we +know are not extinct among us. The average Babylonian +strikes us as a just, good man, no wild savage, but a law-abiding +citizen, a faithful husband, good father, kind son, +firm friend, industrious trader, or careful man of business. +We know from other sources that he was no contemptible +warrior, no mean architect or engineer. He might be an +excellent artist, modelling in clay, carving rocks, and painting +walls. His engraving of seals was superb. His literary +work was of high order. His scientific attainments were +considerable. +</p> + +<p> +When we find so much to approve we may naturally ask +the reason. Some may say it is because right was always +right everywhere. Others will try to trace our inheritance +of thought. At any rate, we may accord our praise to those +who seized so early in the history of the race upon views +which have proved to be of the greatest and most permanent +value. Perhaps nowhere else than in the archives of +<pb n='ix'/><anchor id='Pgix'/> +the old Assyrian and Babylonian temples could we find +such an instructive exhibition of the development of the +art of expressing facts and ideas in written language. The +historical inscriptions, indeed, exhibit a variety of incidents, +but have a painful monotony of subject and a conventional +grandeur of style. In the contracts we find men struggling +for exactness of statement and clearness of diction. In the +letters we have untrammelled directness of address, without +regard to models of expression. In the one case we have a +scrupulous following of precedent, in the other freedom +from rule or custom. One result is that while we are +nearly always sure what the contract said and intended, we +often are completely unable to see why the given phrases +were used for their particular purpose. Every phrase is +technical and legal, to a degree that often defies translation. +On the other hand, the letters are often as colloquial in +style as the contracts are formal. Hence they swarm with +words and phrases for which no parallel can be found. +Unless the purpose of the letter is otherwise clear, these +words and phrases may be quite unintelligible. Any side +issue may be introduced, or even a totally irrelevant topic. +While the point of these disconnected sentences may have +been perfectly clear to the recipient of the message, we cannot +possibly understand them, unless we have an intimate +acquaintance with the private life and personal relations of +the two correspondents. +</p> + +<p> +Hence, quite apart from the difficulties of copying such +ancient inscriptions, often defaced, originally ill-written, +and complicated by the personal tastes of individual scribes +for odd spellings, rare words, or stock phrases; besides the +difficulties of a grammar and vocabulary only partly made +out; the very nature of both contracts and letters implies +special obscurities. But the peculiarities of these obscurities +are such as to excite curiosity and stimulate research. +</p> + +<pb n='x'/><anchor id='Pgx'/> + +<p> +The wholesome character of the subject-matter, the absence +of all possibility of a revision in party interests, the probable +straightforward honesty of the purpose, act like a tonic +to the ordinary student of history. Nowhere can he find +more reliable material for his purpose, if only he can understand +it. The history he may reconstruct will be that of +real men, whose character and circumstances have not yet +been misrepresented. He will find the human nature singularly +like what he may observe about him, once he has +seen through superficial manners and customs. +</p> + +<p> +One important point cannot be too strongly insisted upon. +Numerous as our documents are, they do not form a continuous +series. One collection is chiefly composed of temple +archives, another comes from a family deed-chest, where +only such documents were preserved as were of value to the +persons who collected them. At one period we may have a +great number of documents relating to one sort of transaction. +In the next period we may have hardly any reference +to similar transactions, but very complete evidence regarding +other matters. We may assume that, in such a conservative +country as Assyria or Babylonia, things went on for +ages in much the same way. Conclusions rightly drawn for +early times are probably true for the later periods also. As +far as we can test this assumption, it holds good. We may +even assume that the converse is true, but that is more +doubtful. +</p> + +<p> +Thus, we find that the practice of taking a pledge as +security for debt is fully established for later times and we +may therefore hesitate to deny its existence in early periods, +although we have no direct evidence on the point. This +absence of evidence may be due to the nature of the early +collections. It may be an accident. It may also be due to +the fact that the tablet acknowledging a loan was usually +broken up on the return of the sum. But it might also be +<pb n='xi'/><anchor id='Pgxi'/> +the fact that pledges were not usual in early times. Such +was, indeed, formerly the conclusion drawn from the absence +of documents referring to pledges; but Dr. B. Meissner +pointed out that the legal phrase-books bore witness +to the existence of the custom. The discovery of the Code +of Ḥammurabi has shown that the practice not only existed, +but was regulated by statute in his time. Hence the argument +from silence is once more shown to be fallacious. +</p> + +<p> +On the other hand, it is well to avoid a dogmatic statement +of the existence of a practice before the date at which +we have direct evidence of it: thus, it has been stated that +the tithe was paid in Babylonia <q>from time immemorial.</q> +The only direct evidence comes from the time of Nebuchadrezzar +II. and later. In view of such an early antiquity +as that, the use of the phrase <q>time immemorial</q> was perhaps +once justified. But we are now equipped with documentary +evidence concerning customs two or three thousand +years earlier. Until we can discover some direct evidence +there of tithe, we must content ourselves with saying that it +was regularly paid under the Second Empire of Babylonia. +We may be firmly convinced that a custom so widespread +did not spring into being all at once. But the tithe may have +been a composition for earlier dues, and as such may have +been introduced from Chaldea by Nabopolassar. It may +therefore not have been of native Babylonian growth. +</p> + +<p> +In this and many similar cases it is well not to go beyond +the evidence. +</p> + +<p> +To some extent the plan of this work must necessarily be +different from that of the rest of the series. When a historical +inscription is once well translated its chief bearings +can be made out and it is its own interpreter to a large extent. +But the object in a contract is to legally bind certain +parties to a course of action, and there its translation ends. +We do not find much interest now in the obligations of these +<pb n='xii'/><anchor id='Pgxii'/> +parties, save in so far as they illustrate the progress of civilization. +It is the conclusion we are to draw which gives +the interest. When we have reached that, a thousand more +contracts of the same type add nothing to that point. We +may use them to make a study of proper names, or to correct +our notions of chronology by their dates, or to draw up +genealogies, or even to elaborate statistics of occurrences of +particular forms of words, of prices, and the like; or try to +reconstruct the topography of a town; but from the point +of view of a student of law and history, a thousand are +little better than one. +</p> + +<p> +As a rule, however, we rarely find a fresh example of an +old type without some small deviation, which is worth recording. +But to translate it, for the sake of that small +difference, would fill a book with examples, so similar as to +be wearisome in their monotony. The only way then is to +select some bold example, translate it as a fair average +specimen, and then collect in an introduction and notes the +most interesting additional items of information to be +gathered from others of the type. Hence most of the types +here selected have involved the reading and study of scores +of texts, though but one is given in translation. Other +points of great interest arise, as for example, the obligations +to public service, which are not the direct subject of +any one text. Hence, no single example can be selected for +translation. The data of many texts must be collected, and +only a sentence here and there can be utilized for translation. +Hence, while other volumes of the series are properly +translations, with brief introductions and a few notes, this +must consist of copious introductions and many notes with +a few translations. +</p> + +<p> +Of course, all technical, philological and historical discussions +must be avoided. Those who wish to find further +examples, illustrating the points given, will be referred to +<pb n='xiii'/><anchor id='Pgxiii'/> +the sources and commentaries which give almost endless +repetitions of the same type. As a rule, a fresh example, +which has not been translated before, will be used here. In +some cases, however, where the most typical examples have +already been used, they are reproduced. +</p> + +<p> +The more important and new details are substantiated +by references in foot-notes. When several references could +be given, it has been the rule to give only one. For fuller +information the literature of the subject may be consulted. +But where the Assyrian or Babylonian words are given, +the reader will consult the lexicons first. There are many +admirable glossaries attached to the editions of texts, which +for students are a valuable supplement to the lexicons. All +philological discussions are, of course, excluded. As a rule, +doubtful interpretations will be ignored or at least queried. +It is, on the other hand, impossible to give detailed proofs +of what is certain to the writer, when it disagrees with +recognized authorities. Nor is it desirable to puzzle the +reader with alternative views, when there is no opportunity +for him to judge of their merits. +</p> + +<p> +Every attempt will be made to discard non-essentials. +Thus, in order to insure that there should be no mistake as +to the persons intended, the ancient scribe usually gave not +only the name, but the father's name, and often added the +name of his tribe, or his occupation. For example, <q>Ardi-Ishtar, +son of Ashur-bânî, the son of Gaḥal,</q> might be the +scribe's careful specification of one party to some transaction. +But unless some other party is a relation and the +transaction explicitly concerns what could take place between +relations, the whole line gives us no information of value +for illustrating the subject for which it is quoted. Indeed, +in most cases, the name itself is of no interest. It is true +that the names have a value of their own; but that is aside +from the purpose of this book. The examples are selected +<pb n='xiv'/><anchor id='Pgxiv'/> +to illustrate legal points, not for the sake of the names. +And indeed, the few interesting names so given would be +insufficient to serve any useful purpose; they might even be +misused, for no permanent results can be obtained by picking +up here and there a name, with some fanciful likeness to +Abraham, or Jacob, unless a complete list of similar names +be available to check and control the readings. +</p> + +<p> +Hence, as a rule, the name of a party is condensed into +a single letter, chosen usually in order to suggest the part +played by the person in the transaction. Thus S stands for +the seller, B for the buyer, J for the judge, C for the creditor, +L for the lender, D for the debtor or borrower, and so +on. These abbreviations may be used without any detriment +to the argument, as the context usually defines the relation +and there is no need to remember what they mean. This +seems preferable, for the most part, to the Continental system +of using A-A-G for the above name. +</p> + +<p> +As a further abbreviation, all lists of witnesses are excluded. +The date is usually suppressed, for, unless we are following +a series of transactions between the same parties, nothing +more than the epoch is of importance. As the material is +arranged by epochs, there can be no question in this regard. +If any evolution of process or any reference to former transactions +is involved, so that the date is important, it is given. +</p> + +<p> +A collection of legal documents may be studied in a +variety of ways. +</p> + +<p> +Perhaps the least productive plan is to ransack them for +illustrations of a theory, or a particular point. When the +theory is already well known, as in the case of Roman or +mediæval law, such a procedure is justifiable, but when the +theory has to be made out, it is wellnigh inexcusable. +Some valuable monographs have followed this method, but +they can hardly expect to give permanent results. For +comparative purposes our material is so new, and so little +<pb n='xv'/><anchor id='Pgxv'/> +worked, that it is sheer waste of time to seek for parallels +elsewhere until everything is clearly made out to which +parallels are to be sought. The whole bulk of material +must be read through and classified. Until this is done, +some important point may easily be overlooked. +</p> + +<p> +The first attempts at classification will be provisional. A +certain amount of overlapping is sure to occur. For example, +slave sales obviously form a provisional group. But +slaves were sold along with lands or houses. Shall these +sales be taken into the group? The sales of lands may be +another group. To which group shall we assign the sale of +a piece of land and the slaves attached to it? To answer +that question we may examine the sales of slaves and the +sales of lands to see if either group has peculiarities, the +recurrence of which in a sale of land and slaves might +decide. But we soon find that a slave was sold exactly like +a piece of land or any chattel. The only exception is that +certain guarantees are expected with the slave, which differ +from those demanded with a piece of land. On the whole, +then, the chief group will be <q>sales,</q> with subdivisions +according to the class of property used. Hence we cannot +assume that there was already present to legal consciousness +a difference between real and personal property, or in any +other sense that a slave was a person. He was a chattel. +</p> + +<p> +The classification which will be adopted is not one that +will suit modern legal ideas. It depends on the form of +document alone. If two documents have the same type of +formula, they will be grouped together. A future revision +will, no doubt, assign to many of these a place in modern +schemes. But it is very easy to be premature in assigning +an ancient document to modern categories. +</p> + +<p> +The groups will be subdivided according to subject-matter. +The order of the groups will be determined by the +greater or less complexity of the documents. It is best to +<pb n='xvi'/><anchor id='Pgxvi'/> +take those first which can be easily made out. The experience +gained in discussing them will be of great service in +dealing with more complicated cases. The reader must not, +however, suppose that no obscurities will remain. Subsequent +investigation will lead to redistribution. Each such +revision will, however, bring us nearer to sound results. +</p> + +<p> +One of the most interesting and instructive methods of +dealing with a large collection of documents is to group +together the transactions, distributed over a number of +years, of one man, or of a single family. This method has +often been adopted and makes most fascinating reading. +</p> + +<p> +Thus, M. V. Revillout, in the appendix to M. E. Revillout's +lectures entitled <hi rend='italic'>Les obligations en droit egyptien</hi>, +under the title of <hi rend='italic'>Une famille des commerçants</hi>, discussed +the interrelations of a large number of tablets published by +Strassmaier. These had a special connection, being found, +and practically kept, together. They are concerned chiefly +with the business transactions of three persons and their +descendants. The three men do not seem to have been +related, but to have become partners. The first transaction +in which they are concerned is an equitable division of property +which they had held in common. They and their descendants +lived side by side in Larsa and gradually extended +their possessions on every side. They were neighbors to two +wealthy landowners from whom and from whose descendants +they gradually acquired lands and houses. Especially did +two brothers, sons of one of the original three, buy up, piece +by piece, almost all the property of these two neighboring +families. Further, in acquiring a piece of land, they seem +to have come into possession of the deeds of sale, or leases, +of that plot, which had been executed by previous owners. +Thus, we can, in some cases, follow the history of a plot of +land during several reigns. +</p> + +<p> +Such a collection of documents probably did not come +<pb n='xvii'/><anchor id='Pgxvii'/> +from the public archives, but from the muniment-chest of a +private family, or of a firm of traders. That duplicates of +some of these tablets should have been found in other collections, +points either to the collections having been purchased +from native dealers, who put together tablets from +all sources, or to the duplicates having been deposited in +public archives, as a kind of registration of title. +</p> + +<p> +In Assyrian times the transactions of the great Rîmâni-Adadi, +the chief charioteer and agent of Ashurbânipal, who +for some thirteen years appears almost yearly, as buyer or +seller, lender or borrower, on some forty tablets, may serve +as a further example,<note place='foot'>A. D. D., iii., p. +83.</note> or we may note how Baḥiânu appears, +chiefly as a corn lender, year after year, for thirty-three +years, on some twenty-four tablets.<note place='foot'>A. +D. D., vi., 218.</note> +</p> + +<p> +For the Second Empire of Babylonia, Professor J. Kohler +and Dr. F. E. Peiser have given some fine examples of this +method. Thus, for the bankruptcy of Nabû-aplu-iddin,<note place='foot'>A. +B. R., iii., pp. 24 ff.</note> +they show that the creditors distrained upon the bankrupt's +property and found a buyer for most of it in a great +Neriglissar, afterwards King of Babylon. The first creditor +was paid in full, another received about half of the amount +due to him, a third about the same, while a fourth obtained +less than a quarter of what was owed him. They +also follow out the fortunes of the great banking firm of +Egibi<note place='foot'>A. B. R., iv., pp. 21 ff.</note> +for fully a century. The sketch, of course, is not +complete, and can only be made so by a prolonged search +through thousands of documents in different museums; but +it is intensely interesting and written with wonderful insight +and legal knowledge. Another example is the family, or +guild, of the priests of Gula.<note place='foot'>A. B. R., +iv., pp. 41 ff.</note> This is less fully made out +but most valuable, as far as it goes. In both cases a genealogy +is given extending over many generations. +</p> + +<pb n='xviii'/><anchor id='Pgxviii'/> + +<p> +Later still, the Babylonian Expedition of the University +of Pennsylvania, in the ninth volume of Cuneiform Texts, +gives a collection of the business documents of one firm, +<q>Murashu Sons, of Nippur,</q> in the reign of Artaxerxes I. +Here we have to do with a family deed-chest, a collection +of documents found together and fortunately kept together. +</p> + +<p> +But this method, attractive though it is, cannot be followed +here. The reader is best led on from the known to the unknown. +Those things must be taken first which must be +understood in order to appreciate what is placed later. We +consider first the law and the law-courts. The reader can +thus follow the references to procedure which occur in the +other sections. The rights of the State, the family, and the +private individual come next. Then we learn of the classes +of property and the various ways of disposing of it. After +that is taken up a variety of disconnected topics, whose +order is mainly indifferent. Some overlapping of divisions +is sure to occur in any order. This system has been found, +after many permutations, to present the least inconvenience. +</p> + +<p> +While it is hoped that this volume will give a fairly complete +account of what is really known and also point out +some things that are reasonably conjectured to be true, it is +fully recognized that much remains to be done. Indeed, it +may serve by its omissions to redirect attention to openings +for future fruitful work. +</p> + +</div> + +<pb n='xxii'/><anchor id='Pgxxii'/> + +<div> +<index index='toc'/> +<index index='pdf'/> +<head>List Of Abbreviations</head> + +<p> +A. B. R. <hi rend='italic'>Aus dem babylonischen Rechtsleben.</hi> Professor +J. Kohler and Dr. F. E. Peiser. Leipzig, 1890-. +</p> + +<p> +A. D. B. <hi rend='italic'>Assyrian Doomsday Book.</hi> +Vol. XVII of <hi rend='italic'>Assyriologische Bibliothek</hi>. Leipzig, +1901. +</p> + +<p> +A. D. D. <hi rend='italic'>Assyrian Deeds and Documents.</hi> In three vols. +Cambridge, 1898-. +</p> + +<p> +A. J. S. L. <hi rend='italic'>American Journal of Semitic Languages and +Literatures.</hi> Chicago. +</p> + +<p> +A. O. F. <hi rend='italic'>Altorientalische Forschungen.</hi> Dr. H. Winckler. +Leipzig, 1893-. +</p> + +<p> +B. A. L. <hi rend='italic'>Babylonian and Assyrian Life.</hi> Professor +A. H. Sayce. New York, 1901. (Semitic Series.) +</p> + +<p> +B. A. S. <hi rend='italic'>Beiträge zur Assyriologie.</hi> Professors +Delitzsch and Haupt. Leipzig, 1890-. +</p> + +<p> +B. E. P. <hi rend='italic'>The Babylonian Expedition of the University +of Pennsylvania.</hi> Series A. Cuneiform Texts. 1898-. +</p> + +<p> +B. V. <hi rend='italic'>Babylonische Verträge.</hi> Dr. F. E. Peiser. Berlin, 1890. +</p> + +<p> +C. T. <hi rend='italic'>Cuneiform Texts from Babylonian Tablets, etc., in +the British Museum.</hi> London, 1896-. +</p> + +<p> +D. E. P. <hi rend='italic'>Délégation en Perse, Memoires.</hi> Pub. by +French Ministry of Instruction. Professor V. Scheil. 1900-. +</p> + +<p> +E. B. H. <hi rend='italic'>Early Babylonian History.</hi> Dr. H. Radau. New York, 1900. +</p> + +<p> +H. A. B. L. <hi rend='italic'>Assyrian and Babylonian Letters.</hi> Professor R. F. +Harper. Chicago, 1892-. +</p> + +<p> +H. W. B. <hi rend='italic'>Assyrisches Handwörterbuch.</hi> Professor Delitzsch. +Leipzig, 1894. +</p> + +<p> +I R., II R., III R., IV R., V R. <hi rend='italic'>The Cuneiform Inscriptions +of Western Asia.</hi> H. C. Rawlinson. London, 1861, 1866, 1870, 1880-4. +</p> + +<p> +K. A. S. <hi rend='italic'>Keilinschriftliche Aktenstücke.</hi> Dr. F. E. Peiser. +Berlin, 1889. +</p> + +<p> +K. B. <hi rend='italic'>Keilinschriftliche Bibliothek.</hi> Professor Eb. Schrader. +Berlin, 1889-. +</p> + +<p> +K. L. Ḥ. <hi rend='italic'>The Letters and Inscriptions of Ḥammurabi.</hi> Three vols. +L. W. King, M.A. London, 1898-. +</p> + +<p> +K. P. See A. B. R. +</p> + +<p> +L. H. See K. L. Ḥ. +</p> + +<p> +H. A. P. <hi rend='italic'>Beiträge zum altbabylonischen Privatrecht.</hi> Dr. Br. +Meissner. Leipzig, 1893. +</p> + +<p> +P. S. B. A. <hi rend='italic'>Proceedings of the Society of Biblical +Archæology.</hi> London, 1872-. +</p> + +<p> +<hi rend='italic'>Rev. Ass.</hi> <hi rend='italic'>Revue d'Assyriologie.</hi> +Professors J. Oppert and E. Ledrain. Paris, 1884-. +</p> + +<p> +Z. A. <hi rend='italic'>Zeitschrift für Assyriologie.</hi> Professor C. Bezold. +Leipzig, 1886-. +</p> + +<p> +Z. K. F. <hi rend='italic'>Zeitschrift für Keilschriftforschung.</hi> Professor +C. Bezold. Leipzig, 1884-. +</p> + +<p> +<hi rend='italic'>Camb.</hi>, <hi rend='italic'>Cyr.</hi>, <hi rend='italic'>Dar.</hi>, +<hi rend='italic'>Ev. Mer.</hi>, <hi rend='italic'>Nbd.</hi>, +<hi rend='italic'>Nbk.</hi>, <hi rend='italic'>Nerig.</hi>, denote the volumes of +<hi rend='italic'>Babylonische Texte</hi>; <hi rend='italic'>Inschriften von +Cambyses</hi>, <hi rend='italic'>Cyrus</hi>, <hi rend='italic'>Darius</hi>, +<hi rend='italic'>Evil Merodach</hi>, <hi rend='italic'>Nabonidus</hi>, +<hi rend='italic'>Nebuchodonosor</hi>, <hi rend='italic'>Neriglissar</hi>, +pub. by Pater J. N. Strassmaier. Leipzig, 1887-. +</p> + +<p> +H denotes the text published in H. A. B. L. +</p> + +<p> +K denotes a text from Kouyunjik, now in the British Museum. +</p> + +<p> +S denotes a text at Constantinople, from Sippara. +</p> + +<p> +V. A. Th. denotes a text in the Berlin Museum. +</p> + +<p> +B, B<hi rend='vertical-align: super'>1</hi>, +B<hi rend='vertical-align: super'>2</hi> denote texts of the collections +<q>from Warka,</q> Bu. 88-5-12, and Bu. 91-5-9. +</p> + +</div> + +<pb n='003'/><anchor id='Pg003'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>Sources And Bibliography</head> + +<p> +<note place='margin'>Character of the available material</note> +The chief sources from which is derived our knowledge +of Babylonian and Assyrian law are the contemporary +inscriptions of the people themselves. These are not supplemented +to any appreciable extent by the traditions of +classical authors. So far as they make any references to +the subject, their opinions have to be revised by the immeasurably +greater knowledge that we now possess, and +seem to be mostly based upon <q>travellers' tales</q> and misapprehensions. +</p> + +<p> +These inscriptions are now preserved in great numbers +in European and American museums, and have only been +partly published. The bibliography is very extensive. +For the earlier attempts to read and explain these documents +the reader may refer to Professor C. Bezold's <hi rend='italic'>Kurzgefässter +Überblick über die babylonisch-assyrische Litteratur</hi>,<note place='foot'>Pages +147-62.</note> which gives a fairly complete account up to 1887. Of +course, many books and memoirs there mentioned have now +only a historical interest for the story of decipherment and +explanation. These, however, may be studied with the +greatest profit after having first become acquainted with +the more recent works. +</p> + +<p> +<note place='margin'>Division of subject</note> +The division which is adopted in this work, <q>law, contracts, +and letters,</q> is only conventional. The three groups +have much that is common and mutually supplement one +another. Previous publications have often treated them +<pb n='004'/><anchor id='Pg004'/> +more or less together, both as inscriptions and as minor +sources of history. Hence it is not possible to draw up +separate lists of books treating each division of the subject. +Only those books or articles will be referred to which are +most valuable for the student. Many of them give excellent +bibliographies of their special subject. +</p> + +<p> +<note place='margin'>Laws and contracts</note> +The contemporary sources include actual codes of law, or +fragments of them, legal phrase-books, and legal instruments +of all sorts. From the last-mentioned source almost +all that is known of ancient Babylonian law has been derived. +The historical and religious inscriptions contribute +very little. The consequence is that, except from the recently +discovered Code of Ḥammurabi scarcely anything is +known of the law in respect to crimes. Contracts and +binding agreements are found in great profusion; but there +is nothing to show how theft or murder was treated. Marriage-contracts +tell us how adultery was punished. Agreements +or legal decisions show how inheritance was assigned. +Consequently our treatment of law and contracts +must regard them as inseparable, except that we may place +first the fragments of actual codes which exist. +</p> + +<p> +<note place='margin'>Letters</note> +The letters are much more distinct. Each is a separate +study, except in so far as it can be grouped with others of +the same period in attempts to disentangle the historical +events to which they refer. The deductions as to life and +manners are no less valuable than those made from legal +documents. In both wording and subject-matter they often +illustrate legal affairs and even directly treat of them. +</p> + +<p> +<note place='margin'>Chronologically treated</note> +A first duty will be carefully to distinguish epochs. +Great social and political changes must have left some mark +upon the institutions we are to study. As far as possible, +the material has been arranged for each subject chronologically. +</p> + +<p> +<note place='margin'>The Code of Ḥammurabi</note> +The longest and by far the most important ancient code +<pb n='005'/><anchor id='Pg005'/> +hitherto discovered is that of Ḥammurabi +(<hi rend='italic'>circa</hi> 2250 <hi rend='smallcaps'>b.c.</hi>). +The source for this is a block of black diorite about 2.25 +metres high, tapering from 1.90 to 1.65 metres in circumference. +It was found by De Morgan at Susa, the ancient +Persepolis, in December, 1901, and January, 1902, in fragments, +which were easily rejoined. The text was published +by the French Ministry of Instruction from <q>squeezes</q> by +the process of photogravure, in the fourth volume of the <hi rend='italic'>Mémoires +de la Délégation en Perse</hi>. It was there admirably +transcribed and translated by Professor V. Scheil. In all, +the monument now preserves forty-four columns with some +three thousand six hundred lines. There were five columns +more, which were once intentionally erased and the stone repolished, +probably by the order of some monarch of Susa, +who meant to put his own name and titles there. There +have been found other monuments in the French explorations +at Susa, where the Elamite monarch has erased the inscription +of a Babylonian king and inserted his own. This +method of blotting out the name of a king was a favorite +device in the ancient East and is frequently protested +against and cursed in the inscription set up in Babylonia. +This particular inscription did not fail to call down similar +imprecations, which perhaps the Elamite could not read. +But he stayed his hand, and we do not even know his +name, for he wrote nothing on the vacant space. +</p> + +<p> +It seems probable that the stone, or at any rate its original, +if it be a copy, was set up at Sippara; for the text +speaks of <hi rend='italic'>Êbarra šuati</hi>, <q>this Ebarra,</q> which was the +temple of Shamash at Sippara. At the head of the obverse +is a very interesting picture of Ḥammurabi receiving his +laws from the seated sun-god Shamash. Some seven hundred +lines are devoted to the king's titles and glory; to +enumerating the gods he reverenced, and the cities over +which he ruled; to invoking blessings on those who preserved +<pb n='006'/><anchor id='Pg006'/> +his monument and respected his inscription, with the +usual curses on those who did the opposite.<note place='foot'>Cf. +Appendix.</note> These belong +to the region of history and religion and do not concern us +here. We may note, however, that the king expected that +anyone injured or oppressed would come to his monument +and be able there to read for himself what were the +rights of his case. +</p> + +<p> +<note place='margin'>Later copies</note> +The whole of this inscription is not entirely new matter. +The scribes of Ashurbânipal somewhere found a copy, or +copies, of this inscription and made it into a series of tablets. +Probably their originals were Babylonian tablets, for +we know that in Babylonia the Code had been made into a +series which bore the name of <hi rend='italic'>Nînu ilu ṣîrum</hi>, from the +opening words of the stele. But, judging from the colophon +of the Assyrian series, the scribes knew that the inscription +came from a stele bearing the <q>image</q> of Ḥammurabi. +A number of fragments belonging to such copies +by later scribes were already published, by Dr. B. Meissner<note place='foot'>B. +A. S., III., pp. 473-523.</note> and Dr. F. E. Peiser.<note place='foot'>Jurisprudentiæ, +pp. 5-35.</note> These were further commented +upon by Professor Fr. Delitzsch,<note place='foot'>B. A. S., IV., pp. +78-87.</note> who actually gave them +the name <q>Code Hammurabi.</q> Some of these fragments +enable us to restore one or two sections of the lost five columns. +</p> + +<p> +These fragments are now easily set in order and will +doubtless lead to the discovery of many others, the meaning +of which has not yet been recognized. They exhibit some +variants of interest, showing that they were not made +directly from this particular monument. Even at Susa +another fragment was found of a duplicate stele. Hence +we may hope to recover the whole text before long. +</p> + +<p> +<note place='margin'>Bibliography of this Code</note> +The publication of the Code naturally excited great interest +among scholars. It appeared in October, 1902, and, +<pb n='007'/><anchor id='Pg007'/> +during the next month, Dr. H. Winckler issued a German +translation of the Code under the title, <hi rend='italic'>Die Gesetze Hammurabis +Königs von Babylon um 2250 v. Chr. Das Älteste +Gesetzbuch der Welt</hi>, being <hi rend='italic'>Heft 4</hi> +of the fourth <hi rend='italic'>Jahrgang</hi> +of <hi rend='italic'>Der alte Orient</hi>. This marked an advance in some points +on Scheil's rendering, but is not entirely satisfactory. The +present writer read a paper in October, 1902, before the +Cambridge Theological Society, an abridged report of +which appeared in the January <hi rend='italic'>Journal</hi>. He further published +a baldly literal translation in February, 1903, entitled, +<hi rend='italic'>The Oldest Code of Laws in the World</hi>.<note place='foot'>T. and +T. Clark, Edinburgh.</note> In the <hi rend='italic'>Journal +des Savants</hi> for October and November, 1902, M. Dareste +gave a luminous account of the subject-matter of the +Code, especially valuable for its comparisons with the +other most ancient law-codes. This of course was based +on Scheil's renderings. In the <hi rend='italic'>Orientalistische Litteratur-Zeitung</hi> +for January, 1903, Dr. H. Winckler, reviewing +the fourth volume of the <hi rend='italic'>Mémoires</hi>, gave a useful account +of the Code comparing it with some of the previously published +fragments. +</p> + +<p> +<note place='margin'>Mosaic parallels</note> +The comparison with the Mosaic Code was sure to attract +notice, especially as Professor F. Delitzsch had called the +attention of the public to it, in his lecture entitled <hi rend='italic'>Babel +und Bibel</hi>, even before more of the Code was known than +the fragments from Nineveh. Dr. J. Jeremias has published +a small book called <hi rend='italic'>Moses und Hammurabi</hi>, in which +he deals with the relations pretty thoroughly. Professor +C. F. Kent has also examined them in his article entitled +<hi rend='italic'>The Recently Discovered Civil Code of Hammurabi</hi>, in +<hi rend='italic'>The Biblical World</hi> for March, 1903. Some remarks on the subject +are to be found in the <hi rend='italic'>New York Independent</hi>, December +11, 18, 1902, and January 8, 15, 22, 1903, accompanying +a translation. All the above follow Winckler's renderings. +</p> + +<pb n='008'/><anchor id='Pg008'/> + +<p> +The translation here given makes use of the above works, +but must be regarded as independent. It is impracticable +to detail and justify the changes made. The renderings can +hardly be regarded as final, where actual contracts do not +occur to illustrate the Code; but there is very little doubt +that we know the tenor of these laws with substantial accuracy. +</p> + +<p> +Professor V. Scheil divided the text of the Code into sections +according to subject-matter. But there are no marks +of a division on the monument and Scheil's division is not +adhered to in this work. For convenience of reference, +however, his original section-numbers are given in connection +with each law or sub-section of a law. +</p> + +<p> +<note place='margin'>The legal phrase-books</note> +Among the treasures preserved in the library of Ashurbânipal +and in the archives of the Babylonian temples were +a number of tablets and fragments of tablets which recorded +the efforts made by Semitic scribes to render Sumerian +words and phrases into Semitic. A large number of +these are concerned with legal subjects. A fairly complete +list of those now in the Kouyunjik Collections of the British +Museum will be found in the fifth volume of Dr. Bezold's +catalogue, page 2032. The greater part of them have +been published either in the British Museum <hi rend='italic'>Inscriptions +of Western Asia</hi>, in Dr. P. Haupt's <hi rend='italic'>Keilschrifttexten</hi>, Vol. +I. of the <hi rend='italic'>Assyriologische Bibliothek</hi>, or in Dr. F. Hommel's +<hi rend='italic'>Sumerische Lesestücke</hi>. In the latter will be found references +to other publications. Dr. B. Meissner further published +a number of later Babylonian editions of the same or +allied series.<note place='foot'>Z. A., VII., p. 16 ff.</note> +</p> + +<p> +<note place='margin'>Their plan</note> +The plan of the series to which most of these tablets +belong is well seen in Dr. Delitzsch's <hi rend='italic'>Assyrische Lesestücke</hi>, +fourth edition, pp. 112-14. The name by which the +series is usually known, to which most of these tablets +<pb n='009'/><anchor id='Pg009'/> +belong, is the Semitic rendering of the first Sumerian phrase +given there, <foreign rend='italic'>ana ittišu</foreign>, <q>to his side.</q> +The sections into which the series is divided each deal with some simple idea +and its expression in Sumerian. But the principle of arrangement +is not very clear. We may take one section for +example. <q>With him, with them, with me, with us, with thee, +with you,</q> are given in two columns, the first being the +Sumerian for these phrases, the second the Semitic rendering. +Owing to the form of treatment some of these texts +have been called <q>paradigms.</q> +</p> + +<p> +<note place='margin'>Sumerian family laws</note> +But the scribes also gave some fairly long and connected +prose extracts in Sumerian with their Semitic renderings. +What these were extracted from is still a question. Some +of the clauses are known to have been employed in the +contracts. But some of these even may well have been +extracts from a code of laws. The name of <q>Sumerian +Family Laws</q> has been given to certain sections.<note place='foot'>Page +115 of Delitzsch's edition.</note> Others +seem to have been extracted from a Sumerian work on +agriculture, with which Hesiod's <hi rend='italic'>Works and Days</hi> has +been compared. But at present we are not in possession +of the complete works from which these extracts are +taken. +</p> + +<p> +Such as they are, they have a value beyond that of enabling +us to read Sumerian documents. They often afford +evidence of customs and information which we get nowhere +else.<note place='foot'>Dr. B. Meissner has made excellent use +of them in his <hi rend='italic'>Altbabylonische Privatrecht</hi>.</note> +The information given by them will be utilized in +the subsequent portions of this work. Their translation +here would serve no purpose, since they are very disconnected, +but an example may be of interest. One section +reads, <q>He fastens the buckets, suspends the pole, and +draws up the water.</q> This is a vivid picture of the working +<pb n='010'/><anchor id='Pg010'/> +of a watering-machine, from which we learn its nature +as we could not from its name only.<note place='foot'>H. W. B., p. 218a.</note> +</p> + +<p> +<note place='margin'>Legal documents</note> +Legal documents constitute by far the larger portion of +the inscriptions which have come down to us from every +period of Babylonian and Assyrian history. In the library +of Ashurbânipal alone they are exceeded by the letters and +even more by the works dealing with astrology and omens. +In some periods, however, we have only a few inscriptions +from monuments, or bricks. +</p> + +<p> +<note place='margin'>Real character of the contract tablets</note> +To some extent the term <q>contracts,</q> which has commonly +been applied to them, is misleading. The use of the term +certainly was due to a fundamental misunderstanding, they +being once considered as contracts to furnish goods. They +were even thought to be promises to pay, which passed +from hand to hand, like our checks, and so formed a species +of <q>clay money.</q> These views were both partially true, +but do not cover the whole ground. +</p> + +<p> +They were binding legal agreements, sealed and witnessed. +They were binding only on the parties named in +them. They were drawn up by professional scribes who +wrote the whole of the document, even the names of the +witnesses. Hence it is inaccurate to speak of them as +<q>signed</q> by anyone but the scribe, who often added his +name at the end of the list of witnesses. The parties and +witnesses did impress their own seals at one period, but +later one seal, or two at most, served for all. It is not +clear whose seal was then used. But the document usually +declares it to be the seal of the party resigning possession. +</p> + +<p> +<note place='margin'>Their external form</note> +As to external form, most of those which may be called +<q>deeds</q> consist of small pillow-shaped, or rectangular, +cakes of clay. In many cases these were enclosed in an +envelope, also of clay, powdered clay being inserted to prevent +<pb n='011'/><anchor id='Pg011'/> +the envelope adhering. Both the inner and outer +parts were generally baked hard; but there are many examples +where the clay was only dried in the sun. The +envelope was inscribed with a duplicate of the text. Often +the envelope is more liberally sealed than the inner tablet. +This sealing, done with a cylinder-seal, running on an axle, +was repeated so often as to render its design difficult to +make out, and to add greatly to the difficulty of reading +the text. When the envelope has been preserved unbroken, +the interior is usually perfect, except where the +envelope may have adhered to it. Such double tablets are +often referred to as <q>case tablets.</q> The existence of two +copies of the same deed has been of great value for decipherment. +One copy often has some variant in spelling, or +phrasing, or some additional piece of information, that is of +great assistance. The envelope was rather fragile and in +many cases has been lost, either in ancient times, or broken +open by the native finders, in the hope of discovering gold +or jewels within. But in any case, the envelope, so long as +it lasted, was a great protection; and there are few tablets +better preserved than this class of document. +</p> + +<p> +In Assyrian times, few <q>case</q> tablets are preserved, +they seem to have gone out of fashion except for money-loans +and the like. But it may be merely an accident that +so few envelopes are preserved. In the case of letters, +where the same plan of enclosing the letter in an envelope +was followed, hardly any envelopes have been found, because +they had to be broken open to read the letter. The +owner of a deed may have had occasion to do the same, +but here there was less excuse, as the envelope was inscribed +with the full text. +</p> + +<p> +In early times, another method of sealing was adopted. +A small clay cone was sealed and the seal attached to the +document by a reed, which ran through both. The seal +<pb n='012'/><anchor id='Pg012'/> +thus hung down, as in the case of many old parchment +deeds in Europe. +</p> + +<p> +<note place='margin'>How kept</note> +The deeds were often preserved in private houses, usually +in some room or hiding-place below ground. In the case +of the tablets from Tell Sifr, which were found by Loftus +<hi rend='italic'>in situ</hi>, three unbaked bricks were set in the form of a +capital U. The largest tablet was laid upon this foundation +and the next two in size at right angles to it. The +rest were piled on these and on the bricks and the +whole surrounded by reed matting. They were covered +by three unbaked bricks. This accounts for their fine +preservation. +</p> + +<p> +Others were stored in pots made of unbaked clay. The +pots, as a rule, have crumbled away, but they kept out the +earth around. Sometimes this broke in and crushed the +tablets. In some cases they were laid on shelves round a +small room; but in others they seem to have been kept in +an upper story, and so were injured, when the floor fell +through. +</p> + +<p> +<note place='margin'>The parties possessing copies</note> +It seems certain that as a rule all deeds were executed +in duplicate, each party receiving a copy. The scribe +often appears to have kept another. At one time copies +were also deposited in the public archives, most probably +the city temple or the governor's palace. There are indications +that copies of deeds executed in the provinces +were sent to the capital. Whether this was in pursuit of +a general policy of centralization or only accidental in the +few cases known to us is not quite clear. In many instances +we actually possess duplicates, sometimes three +copies of the same deed. +</p> + +<p> +<note place='margin'>Scope of legal documents</note> +These documents are exceedingly varied in contents. +The most common are deeds relating to the sale or lease +of houses, fields, buildings, gardens, and the like; the sale +or hire of slaves and laborers; loans of money, corn, dates, +<pb n='013'/><anchor id='Pg013'/> +wool, and the like; partnerships formed or dissolved; adoption, +marriage, inheritance, or divorce. But almost any +alienation, exchange, or deposit of property was made the +subject of a deed. Further, all legal decisions were embodied +in a document, which was sealed by the judge and +given to both parties to the suit. These were often really +deeds by which the parties bound themselves to accept and +abide by the decisions. Some are bonds or acknowledgments +of debt. A great many closely allied documents are +lists of money or goods which had been given to certain +persons. They were evidence of legal possession and +doubtless a check on demand for repayment. +</p> + +<p> +<note place='margin'>General works on the subject</note> +The bibliography of the subject is best dealt with under +each general division; but reference must be made to works +dealing with the subject as a whole. Professor J. Oppert's +<hi rend='italic'>Documents Juridiques</hi> was the first successful attempt to +deal with contracts in general and laid the foundation of +all subsequent work. Dr. F. E. Peiser and Professor J. +Kohler's <hi rend='italic'>Aus Babylonischen Rechtsleben</hi> deals with the +later Babylonian documents as far as they throw light upon +social life and custom. Professor Sayce's <hi rend='italic'>Babylonians and +Assyrians</hi> makes large use of the data given by the contracts. +Dr. T. G. Pinches's <hi rend='italic'>The Old Testament in the Light +of the Monuments of Assyria and Babylonia</hi> also gives a +very full account of what may be gleaned from them. The +present writer's <hi rend='italic'>Assyrian Deeds and Documents</hi> makes an +attempt to treat one branch fully. This work can only +present the most essential facts. The whole amount of +material is so vast, so much is yet unpublished, so many +side-issues arise, all worth investigating, that it can only +serve to introduce the reader to a fascinating and wide field +of study. +</p> + +<p> +<note place='margin'>Different epochs represented</note> +The material with which we have to deal, for the +most part, falls very naturally into epochs. The early +<pb n='014'/><anchor id='Pg014'/> +Babylonian documents, though very numerous, are mostly +of the nature of memoranda and include few letters or contracts. +The documents of the First Dynasty of Babylon +are extremely rich in examples of both contracts and letters. +Then the Tell Amarna letters form a distinct group. The +Ninevite contracts and letters of the Sargonid Dynasty are +well marked as separate from the foregoing. Lastly, those +of the New Babylonian Empire are a group by themselves. +A few scattered examples survive which form intermediate +groups, usually too small to be very characteristic, and +certainly insufficient to justify or support any theory of the +intermediate stages of development. +</p> + +<p> +<note place='margin'>Local features</note> +It must be observed that to a great extent these groups +are not only separated by wide intervals of time—several +centuries as a rule—but that they are locally distinct. The +first comes from Telloh, the larger part of the second from +Sippara, the third from Egypt (or Syria), the fourth from +Assyria, the last from Babylonia. Whether the documents +of Sippara in the third period showed as great divergence +from those of the second period as the Tell Amarna letters +do, or whether each group is fairly characteristic of its age +in all localities using the cuneiform script, are questions +which can only be answered when the other documents of +that period are available for comparison. +</p> + +<p> +<note place='margin'>Characteristics of each group</note> +The documents of each group have marked characteristics +in form of script, in orthography, in language. So great +are the differences that a slight acquaintance with these +characteristics will suffice to fix the epoch of a given document. +For the most part, however, these characteristics +are not such as can appear in translation. They will be +pointed out as far as possible in the opening sections dealing +with each group. The aim will be to select characteristic +specimens of each group for translation and to append a +summary of what can be obtained by a study of the group. +</p> + +<pb n='015'/><anchor id='Pg015'/> + +<p> +The thousands of documents dealt with under these groups +would, if translated, require a library of volumes. In the +case of the contracts the repetition of scores of examples of +the same sort would be wearisome. In the case of the letters, +the translation alone would be almost as obscure as the +original, without copious comment on the relationships, customs, +and events referred to. In both cases it must be noted +that many of the most interesting examples are incomplete +and unavailable as specimens. The object of this work is to +show what are the most important laws or legal documents +of each period and to point out the chief subjects of information +to be gained from them. For the letters no such summary +of information can be given, partly because they are so +many and varied, partly because so few are yet available. +</p> + +<p> +<note place='margin'>First period: the early Babylonian</note> +The first epoch is to be considered as one period only +because its contribution to the subject is as yet small and +chronologically precedes the first great group. It ranges +from the earliest beginnings of history to somewhere about +<hi rend='smallcaps'>b.c.</hi> 2300. The dates are largely conjectural, but for the +most part the sequence of the events is known. It is the period +covered by Dr. H. Radau's <hi rend='italic'>Early Babylonian History</hi>. +</p> + +<p> +Some very ancient documents fall under this period. +The early tablets which show the nearest approach to the +original picture-writing<note place='foot'>Such as that published +by Professor G. Barton, in the <hi rend='italic'>American Oriental +Society's Journal</hi>, 1902, pp. 19-28.</note> are transfers of property. As a +rule, however, such votive inscriptions do not come under +the head of contracts. One of the earliest of our monuments, +the Stele of Manistusu, King of Kish, records the +sale of land. Another very early monument of similar +style<note place='foot'>First published by Professor H. V. Hilprecht, +in <hi rend='italic'>Old Babylonian Inscriptions</hi>, +I., plates vi., vii., viii.; again with additions and corrections by Professor +V. Scheil, <hi rend='italic'>Receuil de Travaux</hi>, XXII., p. 29-36.</note> +deals with the sale of plots of land. Others will be +found in the <hi rend='italic'>Mémoires de la Délégation en Perse</hi>. +</p> + +<pb n='016'/><anchor id='Pg016'/> + +<p> +But by far the greatest number of inscriptions belong to +the finds of Telloh, made by De Sarzec in his explorations +for the French Government. His greatest find, some +thirty thousand tablets which were in the archives there, +was dispersed by the Arabs, and has found its way into +various museums. They have been sold in Europe, as +coming from different localities. It is certain that other +finds of the same period and same general character have +been made elsewhere, so that it is often difficult now to +determine their place of discovery. +</p> + +<p> +A very large number of these tablets, from the collection +of T. Simon, now in the Berlin museums, were copied and +edited by G. Reisner, as <hi rend='italic'>Tempelurkunden aus +Telloh</hi>.<note place='foot'><hi rend='italic'>Heft XVI.</hi> of the +<hi rend='italic'>Mittheilungen aus den Orientalischen Sammlungen, Berlin, +1901</hi>.</note> The +admirable abstracts of the contents there given<note place='foot'>Pages +vii-xviii and 1-58.</note> will furnish +all the information that anyone but a specialist will +need. They consist of lists of all sorts of natural products, +harvests from fields, seed and other expenses allowed for +cultivating fields, lists of the fields with their cultivators, +numerous receipts for loans or grants, accounts of sheep and +cattle, stipends or allowances for certain people; but only +one, number 125, is doubtfully said to concern a sale of some +slaves. +</p> + +<p> +Dr. H. Radau, in his <hi rend='italic'>Early Babylonian History</hi>, +gives the texts of a large number of similar tablets.<note place='foot'>From +the <hi rend='italic'>E. A. Hoffman Collection of Babylonian Clay Tablets in the General +Theological Seminary, New York</hi>.</note> +He also classified, transliterated, and tentatively translated +most of them. The kind of information to be obtained +is well brought out in his notes and comments.<note place='foot'>Pages 322-29.</note> They +contain receipts, accounts of all sorts, lists of animals, +skins, wool, oil, wine, grain, pitch, and honey; but none +relate to the usual subjects treated in contract-tablets. +</p> + +<pb n='017'/><anchor id='Pg017'/> + +<p> +M. Thureau-Dangin edited and discussed a number of +tablets of the same character in the <hi rend='italic'>Revue +d'Assyriologie</hi>.<note place='foot'>IV., pp. 69-86; V., page 3.</note> +Especially valuable is his memoir, <hi rend='italic'>L'accomptabilité agricole +en Chaldée</hi>,<note place='foot'>III., pp. 118-46.</note> +where many interesting facts are collected and +published. +</p> + +<p> +<note place='margin'>The second period: the First Dynasty +of Babylon</note> +A very large number of texts of this period were published +by Mr. L. W. King, in <hi rend='italic'>Cuneiform Texts from Babylonian +Tablets, etc., in the British Museum</hi>.<note place='foot'>Parts I., +III., V., VII., IX., X.</note> These have +been discussed in a few instances by various writers in +scientific journals. In the short descriptions prefixed to +these editions mention is made of <q>contracts,</q> but it is +difficult to see to which the term could be properly applied. +</p> + +<p> +A number of extracts from early <q>contracts</q> are given +by Professor V. Scheil in the recent files of the <hi rend='italic'>Receuil de +Travaux</hi>. According to the descriptions given, many of +them are legal instruments. Besides advances of grain +and receipts for the same,<note place='foot'>XVIII., p. 73, +XIX., pp. 54 ff., Nos. 1, 3, 11, 17, 20, 46, 48, 56, +330.</note> or sales of land,<note place='foot'>XVII., p. 30, +XIX., p. 58, No. 335.</note> we have a legal +decision concerning a marriage.<note place='foot'>XXII., p. 153 +f.</note> Of several of these only a +few lines are given and the description of others is misleading. +They are mostly preserved at Constantinople. Some +are purely Sumerian, others Semitic. The same remarks +apply to this author's publications in his <hi rend='italic'>Une Saison de +fouilles à Sippar</hi>. Valuable as are the portions available, +they chiefly make us long for more. +</p> + +<p> +A very large number of tablets belonging to the second +period are now in Europe and America. They seem to +have been purchased from dealers, either in the East or +West; and may be presumed to have been discovered by +the natives. No reliable information can therefore be had +<pb n='018'/><anchor id='Pg018'/> +as to their origin. Various places are mentioned: Sippara, +Abu Habba, Senkereh, Telloh, Warka, have all been stated +to be the place of discovery. There seems no good reason +why tablets of this period should not be found anywhere in +Babylonia. But on examination it is found that collections +said to be from widely different places contain duplicates; +while the same collection contains tablets dated at different +cities and with dates a thousand years apart. It is conceivable +that the records of important transactions, especially the +transfers of land, were deposited by order in the archives at +the capital, wherever that was for the time being. We may +imagine that the archives at Sippara or Larsa were afterwards +transferred to Babylon, for safety, or in pursuance +of a policy of centralization. Certain it is that a large +number of the texts imply a devotion to Shamash as chief +deity, while others ascribe the pre-eminence to Marduk or +Sin. But this fact is quite consistent with the archives +having been discovered in either Babylon or Sippara. +</p> + +<p> +<note place='margin'>Present location of the +tablets: London</note> +On the other hand, it is not unlikely that the apparent +centralization is of purely modern production. The dealers +put together tablets from all sources and ascribe the collection +to the place of origin which best suits their fancy. As +a consequence, scarcely any collection contains a homogeneous +series belonging either to one period or source. This is +the more deplorable because so few are competent to date a +tablet by the style of writing upon it, and internal indications +are often lacking. +</p> + +<p> +In the British Museum we have the following collections: +</p> + +<p> +I. A number of <q>case</q> tablets brought from Tell Sifr by +Loftus in 1850. Owing to a misleading statement in Layard's +<hi rend='italic'>Nineveh and Babylon</hi>, p. 496, these have generally +been taken to be from Warka, the ancient Erech. But the +account given on pages 270-72 of Loftus, <hi rend='italic'>Travels and Researches +<pb n='019'/><anchor id='Pg019'/> +in Chaldea and Susiana</hi>, leaves no doubt of the +place and date of their discovery. These are usually denoted +by B. +</p> + +<p> +II. A number of tablets now in the Kouyunjik Collections. +It is certain that these do not come from Nineveh, +and in the British Museum Catalogue they are usually ascribed +to Warka, but with an implied doubt. One or two +are dated at Erech. The D. T. Collection also contains +many tablets, said to be <q>not from Kouyunjik.</q> +</p> + +<p> +III. The collection 81-7-1 contains some forty at least, +comprising the accounts of the temple of Ninib, from the +time of Ammiditana and Ammizaduga. +</p> + +<p> +IV. The collection 82-7-14 also has a few tablets of this +period. +</p> + +<p> +V. The collection 82-9-18 has at least one contract. +</p> + +<p> +VI. The collection Bu. 88-5-18, purchased by Dr. E. A. +W. Budge in the East, consists of some seven hundred +tablets. They are said to come from Sippara; and date +from <hi rend='italic'>b.c.</hi> 2300 to the time of Darius. These will be +denoted by B<hi rend='vertical-align: super'>1</hi>. +</p> + +<p> +VII. The collection Bu. 91-5-9, also purchased by Dr. +E. A. W. Budge in the East, consists of some three thousand +tablets. These will be denoted by B<hi rend='vertical-align: super'>2</hi>. +</p> + +<p> +The purchases for the British Museum also include a large +number of other tablets of this period. They are now numbered +consecutively, thus Bu. 91-5-9, 606 is known as Brit. +Mus. No. 92,679. This renders it difficult to further particularize +the contents of the collections; or to know whether +a given tablet belongs to one of the above collections. +</p> + +<p> +<note place='margin'>Paris</note> +In the Museum of the Louvre at Paris are a few tablets +belonging to this epoch. Seven of them are published in +M. Heuzey's <hi rend='italic'>Découvertes en Chaldée</hi>.<note place='foot'>Pl. +41.</note> +</p> + +<pb n='020'/><anchor id='Pg020'/> + +<p> +<note place='margin'>Berlin</note> +At the Berlin Museum is a collection known by the name +of Homsy. +</p> + +<p> +The tablets are marked V. A. Th., but this mark includes +other tablets widely separated in date and found at different +sites. +</p> + +<p> +<note place='margin'>Philadelphia</note> +At the University of Pennsylvania collections known as +J. S., Kh., and H. contain tablets of this period. Professor +E. F. Harper, writing in <hi rend='italic'>Hebraica</hi>,<note place='foot'>V., +pp. 74-76; and VI., pp. 59, 60.</note> gives some account of +these collections; from which it appears that the J. S. +collection contains tablets of Ḥammurabi, Samsuiluna, and +Ammiditana; while the Kh. collection has tablets of Ḥammurabi, +Samsuiluna, Ammiditana, and Ammizaduga. He +announced the discovery of the name of Abêshu on contemporary +documents,<note place='foot'>J. S., 41, 42, 43, 142, and Kh. +19, 198.</note> belonging to that reign. The two collections +contain over a thousand tablets. The H collection +has six hundred and thirty-two tablets, many of this epoch. +</p> + +<p> +<note place='margin'>Constantinople</note> +In the Imperial Ottoman Museum at Constantinople are +a large number of tablets of this period. They are denoted +by N, the Nippur collection found by the American explorers +there; S, the Sippar collection from the explorations +conducted by Pater V. Scheil at Abu Habba; the T or Telloh +collection from the explorations of De Sarzec. +</p> + +<p> +A few tablets are owned by Sir Henry Peek, Bart. +</p> + +<p> +A few tablets exist in the Fitzwilliam Museum at Cambridge, +the gift of Mr. Bosanquet. +</p> + +<p> +The Rev. J. G. Ward possesses a tablet, published by +Dr. T. G. Pinches in <hi rend='italic'>P. S. B. A.</hi>, XXI., pp. 158-63, of the +time of Mana-balte-el, which seems to be of this period. +</p> + +<p> +A number of other tablets of the period are known to be +in different museums or in the hands of private individuals. +</p> + +<p> +<note place='margin'>Publications</note> +The historical value of the events used in dating these +tablets was recognized by G. Smith, who published the +<pb n='021'/><anchor id='Pg021'/> +dates of a number of the Loftus tablets, in the fourth volume +of the <hi rend='italic'>Cuneiform Inscriptions of Western Asia</hi>, p. 36. +</p> + +<p> +The earliest publication of the texts was by Pater J. +N. Strassmaier in the <hi rend='italic'>Verhandlungen des V Internationalen +Orientalistischen Congresses zu Berlin</hi>, 1881. In the +<hi rend='italic'>Beilage</hi> he gave the lithographed text of one hundred and +nine tablets under the title of <hi rend='italic'>Die altbabylonischen Verträge +aus Warka</hi>. He made many important observations +upon their character and style, and gave a valuable list +of words and names. As was to be expected from a first +attempt, both his readings of the texts and his transcriptions +from them leave room for some improvement. He +arranged his texts according to the reigns of the kings +mentioned. +</p> + +<p> +This edition formed the subject of M. V. Revillout's +article, <hi rend='italic'>Une Famille commerçant de Warka</hi>, and of numerous +articles by other scholars in the journals. Dr. B. Meissner +seems to have collated a number of these texts for his +<hi rend='italic'>Beiträge zum altbabylonischen Privatrecht</hi>. +</p> + +<p> +In 1888, Dr. T. G. Pinches published <hi rend='italic'>Inscribed Babylonian +Tablets in the possession of Sir Henry Peek, Bart.</hi> +It was followed by other parts and by <hi rend='italic'>Babylonian and +Assyrian Cylinder-seals and Signets in the possession of Sir +Henry Peek, Bart.</hi>, in 1890. These are most valuable for +their full treatment—photographs of the originals, drawings, +and descriptions of the seals, transliterations, translations, +and comments, giving a better idea of what these documents +are like than can be obtained without actually handling +the originals. Dr. Pinches in his introduction assigns their +discovery to the ruins of Sippara. The texts published by +him only include three from our period, Nos. 1, 13, 14; +but nowhere will a beginner find more assistance in his +studies of this class of tablet. +</p> + +<p> +In 1893 Dr. B. Meissner published his invaluable <hi rend='italic'>Beiträge +<pb n='022'/><anchor id='Pg022'/> +zum altbabylonischen Privatrecht</hi>, Vol. XI. of Delitzsch +and Haupt's <hi rend='italic'>Assyriologische Bibliothek</hi>. This gave a full +transliteration and translation of one hundred and eleven +texts published in autography. Full notes and comments +were added giving practically all that could then be said on +the subject. His introduction summarized the information, +to be extracted from his texts, bearing on the social institutions +of Babylonia. By arranging the texts in classes according +to their purport and contents he was able to elucidate +each text by comparison with similar documents and so +to gain a very clear idea of the meaning of separate clauses, +even when the exact shade of meaning of individual words +remained obscure. Any advance which the interpretation +of these documents may make must be based on his researches +and follow his methods. He gave a useful glossary, +but no list of proper names. +</p> + +<p> +In the fourth volume of Schrader's <hi rend='italic'>Keilinscriftliche Bibliothek</hi>, +1896, Dr. F. E. Peiser adopted the plan of arranging +the then known contract-texts in chronological order. +He gave, in transliteration and translation, the texts of +thirty-one tablets of this period. Of these many had been +previously published by Strassmaier and Meissner, but Dr. +Peiser's renderings and short notes are of great value. +</p> + +<p> +In 1896 began the grand series of publications, <hi rend='italic'>Cuneiform +Texts from Babylonian Tablets, etc., in the British +Museum, printed by order of the Trustees</hi>, which has been +continued to the present date. Volumes II., IV., VI., and +VIII. contain copies by Dr. T. G. Pinches of no fewer than +three hundred and ninety-five texts from the B<hi rend='vertical-align: super'>1</hi> +and B<hi rend='vertical-align: super'>2</hi> +Collections. They also contain a number of letters and +other texts, some of a date as late as Xerxes, but from the +same two collections. +</p> + +<p> +In the <hi rend='italic'>Journal of the Royal Asiatic +Society</hi>,1897<note place='foot'>Page 589 f.</note> and +<pb n='023'/><anchor id='Pg023'/> +1899,<note place='foot'>Page 103 f.</note> +Dr. T. G. Pinches gives transliterations, translations, +and comments upon fifteen of these texts. +</p> + +<p> +A word of notice must be given to the excellent Guides +published by the trustees of the British Museum. The +<hi rend='italic'>Guide to the Kouyunjik Gallery</hi>, with four autotype plates, +1885, and the <hi rend='italic'>Guide to the Nimroud Central Saloon</hi> are +now superseded by the <hi rend='italic'>Guide to the Babylonian and Assyrian +Antiquities</hi> with thirty-four plates, photographic +reproductions of the originals, 1900. On pages 104-13 +will be found a most useful account of the class of tablet +and short descriptions of ninety-four exhibited case tablets. +Most of these tablets have been published by Strassmaier +or in <hi rend='italic'>Cuneiform Texts</hi>, but are now indicated by their new +registration numbers. +</p> + +<p> +It will be evident from the above remarks that only a +small proportion of the material in our museums has yet been +published. It is greatly to be desired that every existing tablet +should be published, as in no other way can we hope to +solve many important problems. Not only the chronology +but much of the actual history can be recovered from these +tablets, while the names of the witnesses and parties to the +transactions will settle the order of the years which are still +doubtful. It is from these deeds that the greater part of +this work will be constructed. They form the groundwork, +while later documents fill in details. +</p> + +<p> +<note place='margin'>The chronological system</note> +The years were given names. Thus the second year of +Ḥammurabi is called <q>the year in which Ḥammurabi the +king established the heart of the land in righteousness.</q> +The year often received its name from the capture of some +city. Are we to suppose that these events actually occurred +on the first day of the year? If not, by what name +was the year called up to the occurrence of the event in +question? There is evidence that some years passed by +<pb n='024'/><anchor id='Pg024'/> +two names, one of which was probably conferred after the +year had begun. An examination of all dated tablets +would doubtless result in fixing the time of the year at +which the new year-name came into use. This can only be +achieved by the custodians of our great collections. But, +speaking generally, it seems obvious that names were often +given to the years which attached to them a memory of +the previous rather than a record for the current year. +When in after years scribes drew up lists of the dates of +a reign, they may well have made mistakes as to the exact +year in which an event took place and have also credited a +king with too long a reign, by counting as separate years +two dates which were really the alternatives for one and +the same year. In this way we may perhaps account for +the discrepancies between the Chronicle and the King +Lists. +</p> + +<p> +<note place='margin'>Key to the order of events in a reign</note> +The tablets often mention the name of the reigning king +as well as the year-name; thus we read as a date, <q>the year +when Samsuiluna was king,</q> followed by <q>the year in +which the canal of Samsuiluna named Ḥegallu was dug,</q> +which was the year-name of Samsuiluna's fourth year. +Also the parties often swore an oath to observe their contract +by the name of one or more gods and of the reigning +king. Hence, very often, when the date is not preserved +at all, we know what reign was concerned. On the other +hand, in some reigns we have dated tablets from almost +every year. If all the tablets were published, the witnesses +and other parties would enable us to fix the sequence of +the years. As these year-names each give a prominent +event for the year we could thus reconstruct a skeleton +history of the reign. Indeed, the present writer had already +determined the order of several years, in more than one +reign, from consideration of the persons named in each. Of +course, no assurance could thus be had that some intermediate +<pb n='025'/><anchor id='Pg025'/> +years were not omitted in such a scheme, since +there is no certainty that we know the name-dates for each +year of a reign. The order of the kings themselves and +the lengths of their reigns were already known from the +King List published by Dr. T. G. Pinches.<note place='foot'>P. S. B. A., +1884, pp. 193-204.</note> +</p> + +<p> +<note place='margin'>The chronicle of the king</note> +It seemed probable that the scribes of those days would +have made lists of the year-names, in order to know +how much time had elapsed since a given event had occurred. +Hence great was the excitement and delight when +in <hi rend='italic'>C. T. VI.</hi> was published a tablet which once contained +a list of year-names from Sumuabu to Ammizaduga. This +was followed by the publication in Mr. L. H. King's +<hi rend='italic'>Letters of Ḥammurabi</hi> of a duplicate, which served to +restore and complete the list down to the tenth year of +Ammizaduga's reign. Mr. King further added the year-names +actually used on the dated tablets then published; +thus showing how the year-names of the list were quoted +and either abbreviated or expanded. He very appropriately +called this the <hi rend='italic'>Chronicle of the Kings of Babylon</hi>. In +the meantime Professor A. H. Sayce had given a translation +of the first published list.<note place='foot'>P. S. B. A., +XXI., pp. 11-17, January, 1899.</note> In the fourth volume of the +<hi rend='italic'>Beiträge zur semitischen +Sprachwissenschaft</hi>,<note place='foot'>Pages 338-409.</note> Dr. E. Lindl +has given a full discussion of the first published list. He +further adds a small list of the same character giving the +year-names in order for part of the reigns of Ḥammurabi +and Samsuiluna.<note place='foot'>Pages 342-43.</note> +Dr. Lindl used the published dates of +the contracts to complete and restore the first list. Thus +a great deal of excellent work has been done on these lists. +None of them are complete for the whole dynasty, nor even +for the part which they originally covered, and the known +dated documents do not serve to fully restore them. But +<pb n='026'/><anchor id='Pg026'/> +so far as they go, they must take the precedence of the +King List, being almost contemporary documents. +</p> + +<p> +<note place='margin'>Other kings mentioned</note> +Besides the kings of the First Dynasty of Babylon the +collections above referred to designate several other persons +as kings. Thus the B collection of the British Museum +names Nûr-Adadi, Sin-idinnam, and Rim-Sin as kings. The +texts enable us to fix all these as kings of Larsa. Hence +evidently the Tell Sifr, where these tablets were found, was +in the territory of Larsa. The whole question is well discussed +by Dr. Lindl.<note place='foot'>B. A. S., IV., pp. 382 +ff.</note> The date on the tablet B. 34a refers +to the setting-up of a throne for Shamash by Nûr-Adadi. +The date on B. 35 refers to the completion of a temple in +Eridu by Sin-idinnam, King of Larsa. It is scarcely conceivable +that these refer to other than the Nûr-Adadi, who +set up the kingdom of Larsa in the south of Babylonia +about the same time as Sumuabi founded the dynasty of +Babylon. Sin-idinnam, his son, succeeded him as King of +Larsa and claimed to be King of Shumer and Akkad. +Elam, however, under Kudurnanhundi I., invaded the +south, defeated Sin-idinnam and set up Rim-Sin as King +of Larsa. It seems that Rim-Sin reigned thirty-seven +years, partly as vassal of Ḥammurabi, from the seventeenth +year of Sin-mubalit until the thirty-first of Ḥammurabi. +Whether Sin-idinnam was then restored to his throne as +vassal of Ḥammurabi, or whether Rim-Sin was succeeded +by a second Sin-idinnam, or whether the restoration of +Sin-idinnam, after a temporary expulsion of Rim-Sin, took +place within the thirty-seven years of the latter's reign, is +not yet clear. +</p> + +<p> +<note place='margin'>Era of Isin</note> +Of great interest is the fact of the use of an era in the +south of Babylonia. A large number of tablets are dated +by the years after the capture of Isin. Thus tablets are +dated in the 1st, 2nd, 3rd, 4th, 5th, 6th, 7th, 8th, 13th, 18th, +<pb n='027'/><anchor id='Pg027'/> +22nd, 23rd, 26th, 27th, 28th, and 30th years after the capture +of Isin. Most of them are related to the kingdom ruled by +Rim-Sin, which clearly included Tell Sifr, Nippur, Eridu, +as well as Larsa.<note place='foot'>See Lindl, B. A. S., IV., +pp. 384-85.</note> The first year of this era was probably +the seventeenth year of Sin-mubalit. +</p> + +<p> +<note place='margin'>Various historical identifications</note> +A king Immeru is mentioned,<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +58, 346. B<hi rend='vertical-align: super'>2</hi> 318, 2439a, 2527, V. A. Th. +863.</note> usually alone, but once +with Sumu-lâ-ilu;<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +318.</note> where the form of the oath, <q>by Shamash +and Immerum, by Marduk and Sumu-lâ-ilu,</q> suggests +that while Sumu-lâ-ilu was king of Babylon, the Marduk city, +Immeru was king of a Shamash city. As he comes first, +he was probably king of Sippara, where Shamash was the +city god, and whence the collections, B<hi rend='vertical-align: super'>1</hi>, +B<hi rend='vertical-align: super'>2</hi>, and V. A. Th., +seem, on other grounds, to have come. That it was needful +to name Sumu-lâ-ilu also points to that king being overlord +of Sippara at the time. +</p> + +<p> +The king Ilu-ma-ilu, named<note place='foot'>B<hi rend='vertical-align: super'>3</hi> +380, 2378.</note> in the oaths, associated with +Shamash, may well be a vassal king of Sippara, though +Professor Delitzsch<note place='foot'>B. A. S., IV., p. 363, +foot-note.</note> suggests that he may be the first king +of the second dynasty of Babylon, whose name appears in +the King list B as Ilu-ma(ilu). +</p> + +<p> +The king Mana-balte-el, on the Rev. J. G. Ward's tablet, +seems to belong to the First, or Second, Dynasty, perhaps +as a vassal king, but may have preceded them by +some short period. +</p> + +<p> +The king Bungunu-ilu, mentioned by King,<note place='foot'>L. H., +III., p. 220, note 16.</note> was associated +with Sumu-lâ-ilu. Probably he was vassal king of +Sippara before Immeru. +</p> + +<p> +<note place='margin'>The third epoch: the Kassite kings</note> +A number of extracts from the legal documents of the +third period have been given by Father V. Scheil in the <hi rend='italic'>Receuil +<pb n='028'/><anchor id='Pg028'/> +de Travaux</hi>.<note place='foot'>Vol. XIX., pp. 56 ff., +Nos. 70, 133, 147, 266, 572.</note> The full text is rarely given and there +is consequently nothing for use here. They come from Nippur +and are at Constantinople. The Semitic language is +used largely, but a few Sumerian phrases remain. All the +names of persons except those of the kings are pure Babylonian. +The determinative of personality before proper names +is common, but not before a king's name. The tablets +are dated by regnal years, no longer by year-names. The +kings have a determinative of divinity before their names. +The money in use is either gold or bronze, silver is hardly +named, while in other epochs it is almost always used. +Gold was now legal tender, as silver was afterwards. +</p> + +<p> +The many extremely fine charters of this period are of +great value for the questions concerning land tenure. Descriptions +and figures of some of them will be found in +the Guide.<note place='foot'>Pages 85-89.</note> +The text of several was published by Dr. C. +W. Belser,<note place='foot'>B. A. S., II., pp. +111-205.</note> under the title <hi rend='italic'>Babylonische Kudurru-inschriften</hi>. +Some of these are transliterated and translated in +Schrader's <hi rend='italic'>Keilschriftliche +Bibliothek</hi>,<note place='foot'>III.<hi rend='vertical-align: super'>1</hi>, +p. 154 f., 164 f.; IV., p. 56 f.</note> where references to +the literature will be found. In many cases these charters +or boundary-stones are the only monumental evidence for +their period. They therefore figure largely in the histories. +</p> + +<p> +Some of the best examples are found in the second volume +of the <hi rend='italic'>Mémoires de la Délégation en Perse</hi>, beautifully +reproduced by photogravure, admirably transliterated and +translated by Professor V. Scheil. Some fine examples are +also to be found in <hi rend='italic'>Cuneiform Texts from Babylonian +Tablets, etc., in the British Museum</hi>.<note place='foot'>The so-called +<hi rend='italic'>Caillou de Michaux</hi> was published I. R. 70, and discussed by Oppert, +<hi rend='italic'>Doc. Jur.</hi>, pp. 87 ff., and Boissier, <hi rend='italic'>Recherches +sur quelques contrats babyloniens</hi>, K. B., IV., pp. 78 ff. A fine charter +from the time of Merodach-baladan I. was published IV. R. 38, discussed by Oppert, +<hi rend='italic'>Doc. Jur.</hi>, pp. 129 ff., and K. B. IV., pp. 60 ff. Another +of the same date was published, K. B. IV., pp. 164 ff.</note> +</p> + +<pb n='029'/><anchor id='Pg029'/> + +<p> +Of the time of Marduk-shum-iddin, <hi rend='smallcaps'>b.c.</hi> 853-833, we have +a black boundary-stone, published by Dr. F. E. Peiser, in +<hi rend='italic'>Keilschriftliche Acten-stücke</hi>, No. 1. It is dated in the +twenty-eighth year of the reign of Nabû-aplu-iddina, <hi rend='italic'>circa</hi> +<hi rend='smallcaps'>b.c.</hi> 858, and the eleventh year +of Marduk-shum-iddina, <hi rend='italic'>circa</hi> +<hi rend='smallcaps'>b.c.</hi> 842. It rehearses the contents of two or more deeds +by which a certain Kidinu came into possession of property +in the city of Dilbat. +</p> + +<p> +<note place='margin'>The Cappadocian tablets</note> +The Cappadocian tablets are still somewhat of a problem. +The first notice of them was given by Dr. T. G. +Pinches.<note place='foot'>P. S. B. A., November 1, +1881.</note> According to the dealer's account one acquired +by the British Museum had come from Cappadocia. The +script was then quite unfamiliar and it was thought that +they were written in a language neither Semitic nor Akkadian. +Various attempts, which are best forgotten, were +made to transcribe and translate them under complete +misapprehension of the readings of the characters. But in +1891 Golénischeff published twenty-four tablets of the same +stamp, which he had acquired at Kaisarieh. His copies +were splendidly done for one who could make out very little +meaning. But he showed that many words were Assyrian +and read many names. Professor Delitzsch<note place='foot'><hi rend='italic'>Abhand. +d. phil. hist. Classes der K. Sachs. Ges. d. Wiss.</hi> 1893, No. IV.</note> made a +most valuable study of them, and laid the foundation for +their thorough understanding. Professor P. Jensen<note place='foot'>Z. A., +IX., pp. 62-81.</note> added +greatly to our knowledge of their reading and interpretation. +Dr. F. E. Peiser then<note place='foot'>K. B., IV., pp. +50-56.</note> gave a transcription and +translation of nine texts of contracts. +</p> + +<p> +They are now recognized to be purely Semitic. They +must have been written in some place where Assyrian influence +was all-powerful. There are many names compounded +of Ashur. They are dated by eponyms as in Assyria. The +<pb n='030'/><anchor id='Pg030'/> +discovery of many more of them at Boghaz Keui, Kara +Eyuk, and elsewhere published by Professor V. Scheil in the +<hi rend='italic'>Mémoires de la Mission en Cappadoce par Ernest Chantre</hi>, +and commented on by M. Boissier,<note place='foot'>P. S. B. A., +XXII., p. 106 f.</note> make it certain that +they are from this region. +</p> + +<p> +If subject to Assyria, their date may be before the earliest +eponyms whose date is known from the Canon lists. +They may be contemporary with the very earliest kings of +Assyria. But it is not impossible that the eponyms referred +to were local only and not Assyrian in origin. Dr. Peiser +put them after the First Dynasty of Babylon, but before +the Third Dynasty. +</p> + +<p> +They are full of unusual forms of words and have a +phraseology of their own. They cannot as yet be translated +with any confidence. In general they are very similar +to the contracts, money-loans, and letters of the First +Dynasty of Babylon. As far as they can be understood, +they offer no new features of interest. The obscure phrases +and words give rise to many speculations which will be +found in the above-mentioned works. These are of great +interest, but need further data for elucidation. They are +too questionable to be profitably embodied here. +</p> + +<p> +<note place='margin'>The Elamite contracts</note> +The Elamite contract-tablets were found at Susa and are +published by Professor V. Scheil in Tome IV. of the <hi rend='italic'>Mémoires +de la Délégation en Perse</hi>.<note place='foot'>Pages 169-94.</note> +</p> + +<p> +In external form they closely resemble the Babylonian +documents of a similar nature. They are drawn up in practically +the same way. But there is a blunt directness about +them which recalls the usages of the First Dynasty of Babylon, +rather than Assyria, or the Second Babylonian Empire. +Hence we have little to indicate date. Until we are better +acquainted with the Elamite script at various periods we +cannot hope to date them. +</p> + +<pb n='031'/><anchor id='Pg031'/> + +<p> +They have many peculiar words and phrases. Some may +be Elamite, or that form of Semitic which obtained in Elam, +but the rest of the language is ordinary Babylonian. It is +possible that some characters had a value in Elam not +known in Babylonia, or ideographic values not yet recognized. +But, as a rule, the general sense is fairly clear. +</p> + +<p> +<note place='margin'>The fourth epoch: Assyria</note> +The legal documents of Assyria are in many respects a +separate group. They are sometimes said to have come from +the library of Ashurbânipal, which Mr. H. Rassam claims +to have discovered at Kouyunjik in 1852-54. But it seems +far more probable that, as large numbers were already found +by Layard in 1849-51, we have rather to do with the contents +of some archives. The absence of any large number +of temple-accounts seems to exclude the probability that they +were connected with a temple; but the fact that nearly every +tablet has for one principal party some officer of the king, +lends great probability to the view that the transactions +were really made on behalf of the king; or—to be more exact—of +the palace in Nineveh. The exceptions may be +accounted for as really deeds concerned with former sales; +or mortgages of property, finally bought in for the king. +The conjecture is raised to a moral certainty by the contents +of such a collection as Knudtzon's <hi rend='italic'>Gebete an den Sonnengott</hi>, +found together with them; which consisted of +copies of the requests and inquiries made of the Sun-god +oracle regarding the troubles and difficulties of the king and +royal family, domestic as well as public, in the reigns of +Esarhaddon and Ashurbânipal. The letters too, found in +the same collection, are the letters received by the king +from his officers in all parts of his realm. The lists are +connected with expenses of his household. Such votive +tablets as are preserved are concerned with offerings of the +royal family, or such high officers as probably were permanent +inmates of the palace. We have, in fact, the contents +<pb n='032'/><anchor id='Pg032'/> +of the muniment chests of the Sargonid kings of Assyria. +That the royal library was mixed up with these documents +may be due to the contents of an upper chamber falling, +when its floor was burnt out; but the mixing may have +been done by the discoverers. +</p> + +<p> +In a very real sense these come from a record office, but +are confined to royal rather than state documents; though +a few duplicates of charters occur. Hence we look in vain +for many classes of documents, such as are common in the +archives of temples or private families. We have no marriage +settlements, no adoptions, no partnerships. +</p> + +<p> +Can we believe that such transactions were less common +in Nineveh than fifteen centuries before in Sippara, or +Larsa, or Babylon; or later in Babylon, Sippara, or Nippur? +There cannot be a shadow of doubt that such documents +exist in shoals somewhere in the ruins of Nineveh +and will one day be found. Hence we must regard it as +extremely improbable that the ordinary citizens of Nineveh +contributed the records of their transactions to the Kouyunjik +Collections now in the British Museum. They +either kept them in their own houses or in some temple +archives. As will be seen later, a few have already been +found; but it is extremely difficult to locate them exactly. +It is quite certain that a few of the tablets in the British +Museum were found at other localities, such as Sherif +Khan, Ashur, Kalah, Erech, Larsa, and Babylon. +</p> + +<p> +For the most part these appear to have been placed in +one collection by the discoverers, and only internal evidence +can now decide where they were found. But the great bulk +of the Kouyunjik Collections, as far as contracts, legal documents, +and kindred tablets are concerned, are the result of explorations +conducted on the site of the ancient Nineveh, by +Layard and Rassam. They probably came from palace archives, +and as a result possess a special character of their own. +</p> + +<pb n='033'/><anchor id='Pg033'/> + +<p> +<note place='margin'>Aramaic dockets</note> +Aramaic dockets very early attracted the attention of +Assyriologists. The presence of short inscriptions in +Aramaic on a few contract-tablets naturally raised hopes, +in the early days of decipherment, of finding some check +upon the reading of cuneiform. So far as these went +they were by no means inconsistent with the readings of +the cuneiform. But they were too few, too disconnected, +and in themselves too uncertain, to be of great value. +Indeed, for many of them, it is the cuneiform that now gives +the key to their possible sense. The whole of these Aramaic +inscriptions have now been published by Dr. J. H. +Stevenson in his <hi rend='italic'>Assyrian and Babylonian Contracts with +Aramaic Reference Notes</hi>, where references to the literature +will be found. +</p> + +<p> +<note place='margin'>The collections of tablets</note> +In connection with these Aramaic legends a number of +the texts of Assyrian contracts were published in the +<hi rend='italic'>Corpus Inscriptionum Semiticarum</hi>, +<hi rend='italic'>Pars Secunda</hi>, <hi rend='italic'>Tomus +I</hi>. A number more were published in Vol. III. of the +<hi rend='italic'>Cuneiform Inscriptions of Western Asia</hi>, by Sir H. C. +Rawlinson. A few others were published in various +journals; and by Oppert in his epoch-making treatise on +the juristic literature, <hi rend='italic'>Documents Juridiques</hi>; by Peiser, in +Vol. IV. of Schrader's <hi rend='italic'>Keilinschriftliche Bibliothek</hi>; and +by Strassmaier in his <hi rend='italic'>Alphabetisches Verzeichnis</hi>. The +whole of the texts of the Assyrian contracts from the +Kouyunjik Collections in the British Museum are now +published in <hi rend='italic'>Assyrian Deeds and Documents recording the +Transfer of Property, etc.</hi> (three volumes published).<note place='foot'>Deighton, +Bell & Co., Cambridge, England.</note> A +bibliography will be found there, on page ix of the preface +to Vol. I. +</p> + +<p> +<note place='margin'>Their peculiar style</note> +The very remarkable style which most of these tablets +show is so unlike the contemporary documents in Babylonia +that we may expect that transactions between private +<pb n='034'/><anchor id='Pg034'/> +citizens in Assyria at this time were quite different. A few +such documents exist. Professor V. Scheil, in the <hi rend='italic'>Receuil +de Travaux</hi>,<note place='foot'>Vol. XX., pp. 202 +ff.</note> published the text of four which are quite +unlike any of the Kouyunjik examples. +</p> + +<p> +<note place='margin'>The plan of arrangement in the volume</note> +In <hi rend='italic'>Assyrian Deeds and Documents</hi> the same plan of +arrangement was followed, to some extent, as in this work. +Being all of one epoch and showing no signs of any development +the tablets were grouped, provisionally, according to +subjects. The arrangement in each group was to place first +the best specimens of the group and then the injured and +fragmentary specimens, which thus received illustration, +and in some cases, could be restored. It would, however, +be an error to regard the Assyrian documents as the intermediate +link between the old and new Babylonian documents, +though they belong chronologically to an interval +which precedes the latter immediately. The Assyrian +scribe used a formula that was closer to the Old Babylonian +than to the contemporary Babylonian. It had +an independent development, looking rather to the royal +charters as models than to the private document. In fact, +the closest parallels of all are to be found on the Babylonian +boundary-stones and charters. When, therefore, in +our chronologically arranged sketch of a given subject, +reference is made to Assyrian usage, next to that of the +First Dynasty of Babylon, it will be understood that only +the nature of the transaction is akin; and that, as a rule, the +verbal treatment of it is quite distinct. +</p> + +<p> +<note place='margin'>Contemporary Babylonian documents</note> +A few contemporary documents have reached us from +the cities of Babylonia. They have little or no affinity +with the immediately preceding groups, but carry on the +local development from the second epoch. They come from +many sites and are published in a variety of journals. A +tentative list of them will be found in the Appendix. +<pb n='035'/><anchor id='Pg035'/> +They refer to transactions in the reigns of Shalmaneser +IV., Sargon II., Merodach-baladan II., Sennacherib, Esarhaddon, +Shamash-shum-ukin, Kandalanu, Ashur-etil-ilâni, +and Sin-shar-ishkun. In style they belong to the next epoch. +</p> + +<p> +<note place='margin'>Fifth epoch: the second Babylonian empire</note> +The second Babylonian empire, commencing with Nabopolassar +and extending to the end of the independent existence +of a Babylonian empire, is represented by thousands of +tablets in our museums. A small part of these has been +published. Pater J. N. Strassmaier has given some one +thousand six hundred in his <hi rend='italic'>Babylonische Texte</hi>. Dr. Peiser +published many more in his <hi rend='italic'>Keilinschriftliche Acten-stücke +and Babylonische Verträge</hi>. The Rev. B. T. A. Evetts, +Dr. Moldenke, Dr. Pinches and others have published +many more. A detailed list will be found in the Appendix. +</p> + +<p> +<note place='margin'>Persian Empire, and later</note> +In the times of the Persian kings very many documents +were drawn up very similar to these. The series is quite +unbroken, down through Macedonian rule, the Arsacid +period, to as late as <hi rend='smallcaps'>b.c.</hi> 82. The list will be found in the +Appendix. +</p> + +<p> +Of the whole period we may say that the variety and +quantity of written evidence are amazing. Every sort of +transaction that could be made the subject of a deed or +memorandum was written down. They come from most of +the chief cities in Babylonia. +</p> + +<p> +<note place='margin'>Classification</note> +The classification of this material is no easy task. As in +the case of the Bibliography, so here, the first and apparently +the only attempt has been made by Dr. C. Bezold in +his invaluable <hi rend='italic'>Kurzgefasster Überblick</hi>. +</p> + +<p> +The view taken there depended upon Professor Oppert's +estimate of the nature of the documents and that again was +often founded on imperfect copies of the text. A great +advance has since been made in understanding the contents +of the texts then published, and the number published has +enormously increased. +</p> + +<pb n='036'/><anchor id='Pg036'/> + +<p> +The publications, where accompanied by translations, +have generally given some classification. Dr. Peiser, in the +fourth volume of Schrader's <hi rend='italic'>Keilinschriftliche Bibliothek</hi>, +gives most suggestive indexes.<note place='foot'>Pages +xi-xx.</note> Dr. Tallqvist, in his +<hi rend='italic'>Sprache der Contrakte Nabunâ'id's</hi> gives a very valuable +classification.<note place='foot'>Pages xi-xviii.</note> +Dr. Meissner classified his texts in <hi rend='italic'>Altbabylonische +Privatrecht</hi>. +</p> + +<p> +A number of monographs have been written collecting +the different texts from many sources bearing on one subject, +thus acting as a kind of classification. A complete +work on the subject is still needed. +</p> + +<p> +<note place='margin'>Monographs</note> +Of great importance are Dr. F. E. Peiser's <hi rend='italic'>Jurisprudentiæ +Babylonicæ quæ supersunt, Cöthen</hi>, 1890 (Inaug. Diss.); +Dr. B. Meissner's <hi rend='italic'>De Servitute babylonico-assyriaca</hi>, Leipzig, +1882 (Inaug. Diss.); and Dr. V. Marx, <hi rend='italic'>Die Stellung +der Frauen in Babylonien (Nebuchadnezzar to Darius <hi rend='smallcaps'>b.c.</hi> +604-485)</hi> published in the <hi rend='italic'>Beiträge zur Assyriologie</hi>, Vol. +IV., pp. 1-77. These should certainly be read by any serious +student of the times. To reproduce their contents +would occupy too much space. +</p> + +<p> +On the whole subject of social life, as illustrated by these +contracts, there is a valuable study by Dr. F. E. Peiser, +called <hi rend='italic'>Skizze der Babylonischen Gesellschaft</hi>.<note place='foot'>In +the <hi rend='italic'>Mitteilungen der Vorderasiatischen Gesellschaft</hi>, 1896, No. +3.</note> Professor Sayce's <hi rend='italic'>Babylonians and +Assyrians</hi> in the <hi rend='italic'>Semitic Series</hi>, +1900, is an excellent account, though in some respects not +sufficiently critical. But in all such preliminary work it is +easy to feel sure of conclusions which have to be revised +with fuller knowledge. Time will doubtless show this to +be true of what is said in the present work. But wherever +doubt is felt by the writer, it will be indicated. +</p> + +</div> + +<pb n='039'/><anchor id='Pg039'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>Laws And Contracts</head> + +<div> +<index index='toc'/> +<index index='pdf'/> +<head>I. The Earliest Babylonian Laws</head> + +<p> +<note place='margin'>Nature of the oldest Babylonian laws</note> +We are still completely in the dark as to the rise of law +in Babylonia. As far back as we can trace the history or its +written monuments, there is no time of which we can say, +<q>As yet there was no law.</q> Our chief object to-day is to discover +what the law was. For the most part, and until lately, +we were compelled almost entirely to infer this from such +contracts as were drawn up between parties and sworn to, +witnessed, and sealed. Among them were a large number +of legal decisions which recorded the ruling of some judicial +functionary on points of law submitted to him. These and +the hints given by the legal phrase-books had allowed us +to attain considerable knowledge of what was legal and +right in ancient Babylonia or Assyria. +</p> + +<p> +<note place='margin'>Data hitherto uncertain</note> +But the question remained, Was it <q>right</q> or <q>law</q>? +Were there enactments by authority, making clear what was +right, and in some cases creating right, where there was none +before? There was much to suggest the existence of enacted +law, even of a code of laws, and the word <q>law</q> had been +freely applied. But there was no known ascription of +any law to a definite legislator. There was no word for +<q>law,</q> only the terms <q>judgments,</q> <q>right,</q> and <q>wrong.</q> +It was significant that the parties to a suit always seemed +to have agreed on what was right between man and man, +and then to have sworn by their gods to observe the +<q>right.</q> +</p> + +<pb n='040'/><anchor id='Pg040'/> + +<p> +<note place='margin'>Evidence that there were very ancient codes</note> +We definitely know of one great code of laws, that of +Ḥammurabi, and we are greatly strengthened in the view +that there were laws, and even codes, centuries before him. +The way in which contracts quote the phrases of his code is +exactly parallel to the way in which far earlier contracts +quote phrases which are evidently extracts, in the phrase-books, +from some connected work. Hence we are warranted +in thinking that these extracts come from a Sumerian code +of laws. We do not yet know to whom we should ascribe +its compilation. +</p> + +<p> +<note place='margin'>Codes antecedent to that of Ḥammurabi</note> +For the Code of Ḥammurabi is also a compilation. He +did not invent his laws. Phrases found in them appear +in contracts before his time. Doubtless he did enact some +fresh laws. But he built for the most part on other men's +foundations. The decisions already passed by the judges +had made men ready to accept as <q>right</q> what was now +made <q>law.</q> But the question is only carried back a stage +further. Did not those judges decide according to law? In +some cases we know they did, for we have the law before +them. When we try to penetrate further into the background +of history we can only surmise. Documents fail us +to prove whether judges first made or administered the law. +But we have now a very high antiquity for laws recognized +and obeyed as right. +</p> + +<p> +<note place='margin'>Sumerian laws found in the phrase-books</note> +That laws were already enacted in the pre-Semitic or Sumerian +days we may regard as certain. The legal phrase-books +drawn up by later scribes, especially those known as +forming the series called <foreign rend='italic'>ana ittišu</foreign>, give as +specimens certain laws. These were evidently given by the scribes as examples +of connected prose in Sumerian, accompanied by a rendering +into Semitic. Their object was primarily grammatical, +or at any rate educational; but they are most valuable because +they contain specimens of the Sumerian legislation. +Owing to their limited scope they were at first regarded as +<pb n='041'/><anchor id='Pg041'/> +family laws. But there can be little doubt that they really +are extracts from something like a code of laws. We are +as yet quite ignorant of the date of their first promulgation, +place of origin, and legislator. The seventh tablet of the +series <foreign rend='italic'>ana ittišu</foreign>, Col. III. l. 22 to Col. IV. l. 22, +gives the seven following laws: +</p> + +<note place='margin'>Repudiation of father by son</note> +<quote rend='display'> +I. If a son has said to his father, <q>You are not my father,</q> he may +brand him, lay fetters upon him, and sell him. +</quote> + +<p> +It may be doubted whether this applies to any but +adopted sons. <q>You shall not be my father</q> is a possible rendering. +But the phrase may only refer to rebellious conduct. +The word rendered <q>brand</q> has often been taken to mean +<q>shave.</q> The cutting short of the hair was a mark of degradation. +The Semitic Babylonians wore their hair long, while +slaves, and perhaps also Sumerians as a race, are represented +as hairless. However that may be, the same word is used of +<q>branding</q> cattle and it implies cutting or incision. It may +mean a tattooed mark. The word rendered <q>fetter</q> seems +also to be used of a branded body-mark. The whole law +means that the rebellious son is to be degraded to the status +of a slave and treated as such. +</p> + +<note place='margin'>Repudiation of mother by son</note> +<quote rend='display'> +II. If a son has said to his mother, <q>You are not my mother,</q> +one shall brand his forehead, drive him out of the city, and make him +go out of the house. +</quote> + +<p> +Here the same ambiguity about branding is found. Some +take the word rendered <q>forehead</q> to mean the hair of the +head. His head would then be shaved. <q>To go out from +the house</q> means <q>to be cut off from kith and kin.</q> But +here the son retains his freedom, only he is an exile and +homeless. In this case it is not the mother who exacts the +penalty. The verb is plural and may be taken impersonally. +The family or the city magistrates are probably the ones to +execute the law. +</p> + +<pb n='042'/><anchor id='Pg042'/> + +<note place='margin'>Disinheritance of son by father</note> +<quote rend='display'> +III. If a father has said to his son, <q>You are not my son,</q> he shall +leave house and yard. +</quote> + +<p> +Here the father has power to repudiate a son, who must +go. The word for <q>leave</q> is literally <q>take himself up,</q> +<q>go up out of.</q> The word <q>yard</q> is simply <q>inclosure</q> +and may mean the city walls, as a symbol of shelter. +</p> + +<note place='margin'>Disinheritance of son by mother</note> +<quote rend='display'> +IV. If a mother has said to her son, <q>You are not my son,</q> he +shall leave house and property. +</quote> + +<p> +Here we expect, by analogy with Laws I. and II., that this +penalty is rather less than that in III. The <q>property</q> +means <q>house furniture.</q> The son must leave home and can +take no house furniture with him. He has no claim to +inherit anything. But he need not leave the city. Hence +it seems likely that III. denied him the right of city shelter. +</p> + +<note place='margin'>Repudiation of husband by wife</note> +<quote rend='display'> +V. If a wife hates her husband and has said, <q>You are not my +husband,</q> one shall throw her into the river. +</quote> + +<note place='margin'>Repudiation of wife by husband</note> +<quote rend='display'> +VI. If a husband has said to his wife, <q>You are not my wife,</q> he +shall pay half a mina of silver. +</quote> + +<p> +The contrast in the penalties is startling. Note the impersonal +form of V. The executioners here are the family, +or city, not the husband. Publicity is therefore implied. +It is not a private quarrel, but a refusal of conjugal rights. +In the second case the man divorces, or puts away, his wife, +but pays a heavy fine. +</p> + +<note place='margin'>Responsibility of employer</note> +<quote rend='display'> +VII. If a man has hired a slave and he dies, is lost, has fled, has +been incapacitated, or has fallen sick, he shall measure out 10 +<hi rend='italic'>ḲA</hi> of +corn <foreign rend='italic'>per diem</foreign> as his wages. +</quote> + +<p> +Here the Sumerian text differs from the Semitic. In the +former the employer is said to <q>cause</q> the slave to suffer +these detriments, in the latter he is said to come by them. +The verb rendered <q>lost</q> is used in that sense in the later +Code of Ḥammurabi. What is the exact sense of the verb +rendered <q>has been incapacitated</q> is not clear. Professor +<pb n='043'/><anchor id='Pg043'/> +Hommel<note place='foot'><hi rend='italic'>Sumerische Lesestücke</hi>, +p. 112.</note> renders <emph>durchbrennen</emph>, Delitzsch<note place='foot'>H. +W. B., p. 542.</note> renders <emph>weichen, +entweichen, oder zu arbeiten aufhören</emph>. But it is clear that the +employer is to pay a daily fine for injury done to the slave, +or for loss to his owner, caused or connived at by him. The +slave's refusal to work could not be made the ground for +fining him. If anyone paid for that it would be the owner. +The employer pays for his work, but is bound to keep +him safe and treat him reasonably well and return him in +good condition to his owner. In later times the owner often +took the risk of death and flight, but then he probably +charged more hire. At any rate it is clear that the owner +is not named in this law. +</p> + +<p> +It is not profitable to discuss these mere fragments of a +code. The most interesting thing is their existence. We +may one day recover the Code in full. These are not retranslations +into Sumerian, by learned scribes, of late laws. For +exactly these words and phrases occur in the contracts of the +First Dynasty of Babylon, before and after the Code of Ḥammurabi, +which deals with the same cases, but in different +words. In fact, this Sumerian Code is quoted, as the later +Code was quoted, in documents which embody the sworn +agreement of the parties to observe the section of the Code +applying to their case. This is indeed the characteristic +of the early contracts: after indicating the particulars of +the case, an oath is added to the effect that the parties +will abide by the law concerning it. Even where no reference +is made to a law, it is because either no law had +been promulgated on the point, or because the law was understood +too well to need mention. Later this law-abiding +spirit was less in evidence and the contract became a private +undertaking to carry out mutual engagements. But even +then it was assumed that a law existed which would hold the +parties to the terms of an engagement voluntarily contracted. +</p> + +</div> + +<pb n='044'/><anchor id='Pg044'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf' level1='II. The Code Of Hammurabi'/> +<head>II. The Code Of Ḥammurabi</head> + +<p> +<note place='margin'>Witchcraft and the ordeal by water</note> +§ 1. If a man has accused another of laying a +<foreign rend='italic'>nêrtu</foreign> (death spell?) +upon him, but has not proved it, he shall be put to death. +</p> + +<p> +§ 2. If a man has accused another of laying a +<foreign rend='italic'>kišpu</foreign> (spell) upon +him, but has not proved it, the accused shall go to the sacred river, +he shall plunge into the sacred river, and if the sacred river shall +conquer him, he that accused him shall take possession of his house. +If the sacred river shall show his innocence and he is saved, his accuser +shall be put to death. He that plunged into the sacred river +shall appropriate the house of him that accused him. +</p> + +<p> +<note place='margin'>False witness in capital suit</note> +§ 3. If a man has borne false witness in a trial, or has not established +the statement that he has made, if that case be a capital trial, +that man shall be put to death. +</p> + +<p> +<note place='margin'>In civil case</note> +§ 4. If he has borne false witness in a civil law case, he shall pay +the damages in that suit. +</p> + +<p> +<note place='margin'>Judgment once given not to be altered</note> +§ 5. If a judge has given a verdict, rendered a decision, granted +a written judgment, and afterward has altered his judgment, that +judge shall be prosecuted for altering the judgment he gave and +shall pay twelvefold the penalty laid down in that judgment. +Further, he shall be publicly expelled from his judgment-seat and +shall not return nor take his seat with the judges at a trial. +</p> + +<p> +<note place='margin'>Burglary and acceptance of stolen goods</note> +§ 6. If a man has stolen goods from a temple, or house, he shall +be put to death; and he that has received the stolen property from +him shall be put to death. +</p> + +<p> +<note place='margin'>Dealings with irresponsible persons</note> +§ 7. If a man has bought or received on deposit from a minor or +a slave, either silver, gold, male or female slave, ox, ass, or sheep, or +anything else, except by consent of elders, or power of attorney, he +shall be put to death for theft. +</p> + +<p> +<note place='margin'>Theft</note> +§ 8. If a patrician has stolen ox, sheep, ass, pig, or ship, whether +from a temple, or a house, he shall pay thirtyfold. If he be a +<pb n='045'/><anchor id='Pg045'/> +plebeian, he shall return tenfold. If the thief cannot pay, he shall +be put to death. +</p> + +<p> +<note place='margin'>Procedure in case of the discovery of lost property</note> +§ 9. If a man has lost property and some of it be detected in the +possession of another, and the holder has said, <q>A man sold it to +me, I bought it in the presence of witnesses</q>; and if the claimant +has said, <q>I can bring witnesses who know it to be property lost by +me</q>; then the alleged buyer on his part shall produce the man who +sold it to him and the witnesses before whom he bought it; the +claimant shall on his part produce the witnesses who know it to be +his lost property. The judge shall examine their pleas. The witnesses +to the sale and the witnesses who identify the lost property +shall state on oath what they know. Such a seller is the thief and +shall be put to death. The owner of the lost property shall recover +his lost property. The buyer shall recoup himself from the seller's +estate. +</p> + +<p> +§ 10. If the alleged buyer on his part has not produced the seller +or the witnesses before whom the sale took place, but the owner +of the lost property on his part has produced the witnesses who +identify it as his, then the [pretended] buyer is the thief; he shall +be put to death. The owner of the lost property shall take his lost +property. +</p> + +<p> +§ 11. If, on the other hand, the claimant of the lost property +has not brought the witnesses that know his lost property, he has +been guilty of slander, he has stirred up strife, he shall be put to +death. +</p> + +<p> +§ 12. If the seller has in the meantime died, the buyer shall take +from his estate fivefold the value sued for. +</p> + +<p> +<note place='margin'>Judgment by default</note> +§ 13. If a man has not his witnesses at hand, the judge shall set +him a fixed time not exceeding six months, and if within six months +he has not produced his witnesses, the man has lied; he shall bear +the penalty of the suit. +</p> + +<p> +<note place='margin'>Kidnapping</note> +§ 14. If a man has stolen a child, he shall be put to death. +</p> + +<p> +<note place='margin'>Abduction of slave</note> +§ 15. If a man has induced either a male or female slave from the +house of a patrician, or plebeian, to leave the city, he shall be put +to death. +</p> + +<p> +<note place='margin'>Harboring a fugitive slave</note> +§ 16. If a man has harbored in his house a male or female slave +from a patrician's or plebeian's house, and has not caused the fugitive +to leave on the demand of the officer over the slaves condemned to +public forced labor, that householder shall be put to death. +</p> + +<pb n='046'/><anchor id='Pg046'/> + +<p> +<note place='margin'>The capture of a fugitive slave</note> +§ 17. If a man has caught either a male or female runaway slave +in the open field and has brought him back to his owner, the owner +of the slave shall give him two shekels of silver. +</p> + +<p> +§ 18. If such a slave will not name his owner, his captor shall +bring him to the palace, where he shall be examined as to his past +and returned to his owner. +</p> + +<p> +§ 19. If the captor has secreted that slave in his house and afterward +that slave has been caught in his possession, he shall be put to death. +</p> + +<p> +§ 20. If the slave has fled from the hands of his captor, the latter +shall swear to the owner of the slave and he shall be free from blame. +</p> + +<p> +<note place='margin'>Burglary</note> +§ 21. If a man has broken into a house he shall be killed before +the breach and buried there. +</p> + +<p> +<note place='margin'>Highway robbery</note> +§ 22. If a man has committed highway robbery and has been +caught, that man shall be put to death. +</p> + +<p> +§ 23. If the highwayman has not been caught, the man that has +been robbed shall state on oath what he has lost and the city or +district governor in whose territory or district the robbery took place +shall restore to him what he has lost. +</p> + +<p> +§ 24. If a life [has been lost], the city or district governor shall +pay one mina of silver to the deceased's relatives. +</p> + +<p> +<note place='margin'>Theft at a fire</note> +§ 25. If a fire has broken out in a man's house and one who has +come to put it out has coveted the property of the householder and +appropriated any of it, that man shall be cast into the self-same fire. +</p> + +<p> +<note place='margin'>Duties and privileges of an officer +over the levy</note> +§ 26. If a levy-master, or warrant-officer, who has been detailed +on the king's service, has not gone, or has hired a substitute in his +place, that levy-master, or warrant-officer, shall be put to death and +the hired substitute shall take his office. +</p> + +<p> +§ 27. If a levy-master, or warrant-officer, has been assigned to +garrison duty, and in his absence his field and garden have been +given to another who has carried on his duty, when the absentee has +returned and regained his city, his field and garden shall be given +back to him and he shall resume his duty. +</p> + +<p> +<note place='margin'>Rights and duties of his son</note> +§ 28. If a levy-master, or warrant-officer, has been assigned to +garrison duty, and has a son able to carry on his official duty, the +field and garden shall be given to him and he shall carry on his +father's duty. +</p> + +<p> +§ 29. If the son be a child and is not able to carry on his father's +duty, one-third of the field and garden shall be given to his mother +to educate him. +</p> + +<pb n='047'/><anchor id='Pg047'/> + +<p> +<note place='margin'>Penalty for neglect of his benefice</note> +§ 30. If such an official has neglected the care of his field, garden, +or house, and let them go to waste, and if another has taken his +field, garden, or house, in his absence, and carried on the duty for +three years, if the absentee has returned and would cultivate his +field, garden, or house, it shall not be given him; he who has taken +it and carried on the duty connected with it shall continue to do so. +</p> + +<p> +§ 31. If for one year only he has let things go to waste and he +has returned, his field, garden, and house shall be given him, and he +himself shall carry on his duty. +</p> + +<p> +<note place='margin'>His ransom, if captured</note> +§ 32. If such an official has been assigned to the king's service +(and captured by the enemy) and has been ransomed by a merchant +and helped to regain his city, if he has had means in his house to +pay his ransom, he himself shall do so. If he has not had means of +his own, he shall be ransomed by the temple treasury. If there has +not been means in the temple treasury of his city, the state will +ransom him. His field, garden, or house shall not be given for his +ransom. +</p> + +<p> +<note place='margin'>Duties of district governors</note> +§ 33. If either a governor or a prefect has appropriated to his own +use the corvée, or has accepted and sent on the king's service a +hired substitute in his place, that governor, or prefect, shall be put +to death. +</p> + +<p> +<note place='margin'>Governors not to oppress subordinates</note> +§ 34. If either a governor, or a prefect, has appropriated the +property of a levy-master, has hired him out, has robbed him by +high-handedness at a trial, has taken the salary which the king gave +to him, that governor, or prefect, shall be put to death. +</p> + +<p> +<note place='margin'>The benefice of a levy-master, warrant-officer, +or tributary inalienable</note> +§ 35. If a man has bought from a levy-master the sheep, or oxen, +which the king gave him, he shall lose his money. +</p> + +<p> +§ 36. The field, garden, or house, of a levy-master, warrant-officer, +or tributary shall not be sold. +</p> + +<p> +§ 37. If a man has bought field, garden, or house, of a levy-master, +a warrant-officer, or tributary, his title-deed shall be destroyed +and he shall lose his money. He shall return the field, garden, or +house to its owner. +</p> + +<p> +<note place='margin'>Not to be bequeathed to his family</note> +§ 38. A levy-master, warrant-officer, or tributary, shall not bequeath +anything from the field, garden, or house of his benefice to +his wife or daughter, nor shall he give it for his debt. +</p> + +<p> +§ 39. From the field, garden, or house which he has bought and +acquired, he shall make bequests to his wife, or daughter, or shall +assign for his debt. +</p> + +<pb n='048'/><anchor id='Pg048'/> + +<p> +<note place='margin'>The obligation resting upon a +buyer of real estate</note> +§ 40. A votary, merchant, or resident alien may sell his field, +garden, or house, and the buyer shall discharge the public service +connected with the field, garden, or house that he has bought. +</p> + +<p> +<note place='margin'>A benefice not to be exchanged</note> +§ 41. If a man has given property in exchange for the field, +garden, or house, of a levy-master, warrant-officer, or tributary, such +an official shall return to his field, garden, or house, and he shall appropriate +the property given in exchange. +</p> + +<p> +<note place='margin'>Responsibilities of land-tenants</note> +§ 42. If a man has hired a field to cultivate and has caused no +corn to grow on the field, he shall be held responsible for not doing +the work on the field and shall pay an average rent. +</p> + +<p> +§ 43. If he has not cultivated the field and has left it alone, he +shall give to the owner of the field an average rent, and the field +which he has neglected he shall break up with mattocks and plough +it, and shall return it to the owner of the field. +</p> + +<p> +<note place='margin'>The rent of unbroken land</note> +§ 44. If a man has taken a piece of virgin soil to open up, on a +three years' lease, but has left it alone, has not opened up the land, +in the fourth year he shall break it up, hoe it, and plough it, and +shall return it to the owner of the field, and shall measure out ten +<foreign rend='italic'>GUR</foreign> of corn for each +<foreign rend='italic'>GAN</foreign> of land. +</p> + +<p> +<note place='margin'>Loss of crop by storm apportioned between +landlord and tenant</note> +§ 45. If a man has let his field to a farmer and has received his +rent for the field but afterward the field has been flooded by rain, or +a storm has carried off the crop, the loss shall be the farmer's. +</p> + +<p> +§ 46. If he has not received the rent of his field, whether he let it +for a half, or for a third, of the crop, the farmer and the owner of +the field shall share the corn that is left in the field, according to +their agreement. +</p> + +<p> +<note place='margin'>Landlord cannot restrain a satisfactory +tenant from subletting</note> +§ 47. If a tenant farmer, because he did not start farming in the +early part of the year, has sublet the field, the owner of the field +shall not object; his field has been cultivated; at harvest-time he +shall take rent, according to his agreement. +</p> + +<p> +<note place='margin'>Abatement of debt on account of +storm, flood, or drought</note> +§ 48. If a man has incurred a debt and a storm has flooded his +field or carried away the crop, or the corn has not grown because of +drought, in that year he shall not pay his creditor. Further, he +shall post-date his bond and shall not pay interest for that year. +</p> + +<p> +<note place='margin'>Rights in a crop pledged for debt</note> +§ 49. If a man has received money from a merchant and has given +to the merchant a field, planted with corn, or sesame, and has said +to him, <q>Cultivate the field and reap and take the corn, or sesame, +that shall be grown</q>; if the bailiff has reared corn, or sesame, in the +field, at harvest-time the owner of the field shall take what corn, or +<pb n='049'/><anchor id='Pg049'/> +sesame, has been grown in the field and shall pay corn to the merchant +for his money that he took of him and its interest, and for +the maintenance of the bailiff. +</p> + +<p> +§ 50. If the field he gave was [already] cultivated, or the sesame +was grown up, the owner of the field shall take the corn, or sesame, +that has been grown in the field, and shall return the money and its +interest to the merchant. +</p> + +<p> +§ 51. If he has not money enough, he shall give to the merchant +sesame, or corn, according to its market price, for the money which +he took from the merchant and its interest, according to the king's +standard. +</p> + +<p> +§ 52. If the bailiff has not reared corn or sesame in the field the +debtor's obligation shall not be lessened. +</p> + +<p> +<note place='margin'>Riparian responsibilities</note> +§§ 53, 54. If a man has neglected to strengthen his dike and has +not kept his dike strong, and a breach has broken out in his dike, +and the waters have flooded the meadow, the man in whose dike the +breach has broken out shall restore the corn he has caused to be lost. +[54]. If he be not able to restore the corn, he and his goods shall be +sold, and the owners of the meadow whose corn the water has carried +away shall share the money. +</p> + +<p> +<note place='margin'>Penalty for neglect to shut off water</note> +§ 55. If a man has opened his runnel for watering and has left it +open, and the water has flooded his neighbor's field, he shall pay +him an average crop. +</p> + +<p> +§ 56. If a man has let out the waters and they flood the young +plants in his neighbor's field, he shall measure out ten +<foreign rend='italic'>GUR</foreign> of corn +for each <foreign rend='italic'>GAN</foreign> of land. +</p> + +<p> +<note place='margin'>Damage done to growing crop by sheep</note> +§ 57. If a shepherd has not agreed with the owner of the field to +allow his sheep to eat off the green crop and without consent of the +owner has let his sheep feed off it, the owner of the field shall +harvest his crop, but the shepherd who without consent of the +owner of the field caused his sheep to eat it shall give to the owner +of the field, over and above his crop, twenty +<foreign rend='italic'>GUR</foreign> of corn for each +<foreign rend='italic'>GAN</foreign> of land. +</p> + +<p> +§ 58. If, after the sheep have come up out of the meadows and +have passed into the common fold at the city gate, a shepherd has +placed his sheep in a field and caused his sheep to feed in the field, +the shepherd shall keep the field he has grazed, and, at harvest-time, +he shall measure out to the owner sixty +<foreign rend='italic'>GUR</foreign> of corn for each <foreign rend='italic'>GAN</foreign> +of land. +</p> + +<pb n='050'/><anchor id='Pg050'/> + +<p> +<note place='margin'>Cutting down a tree without permission</note> +§ 59. If a man without the consent of the owner has cut down a +tree in an orchard, he shall weigh out half a mina of silver. +</p> + +<p> +<note place='margin'>Rent of a garden-plot</note> +§§ 60, 61. If a man has given a field to a gardener to plant a +garden and the gardener has planted the garden, he shall train the +garden four years; in the fifth year the owner of the garden and the +gardener shall share the garden equally, the owner of the garden +shall gather his share and take it. [61]. If the gardener, in planting +the garden, has not planted all, but has left a bare patch, he +shall reckon the bare patch in his share. +</p> + +<p> +§ 62. If he has not planted the field which was given him as +a garden; then, if it was arable land, the gardener shall measure +out to the owner of the field an average rent for the years that +were neglected, and shall perform the stipulated work on the +field (<hi rend='italic'>i.e.</hi>, make it into a garden), +and return it to the owner of +the field. +</p> + +<p> +§ 63. If the land was uncultivated, he shall do the stipulated work +on the field, and return to the owner of the field and shall measure +out for each year ten <foreign rend='italic'>GUR</foreign> +of corn for each <foreign rend='italic'>GAN</foreign>. +</p> + +<p> +<note place='margin'>Garden rented on shares</note> +§ 64. If a man has given his garden to a gardener to farm, the +gardener, as long as he holds the garden, shall give the owner of the +garden two-thirds of the produce of the garden and shall take one-third +himself. +</p> + +<p> +§ 65. If the gardener has not tilled the garden and has diminished +the yield, the gardener shall pay an average rent. +</p> + +<p> +Here came the five erased columns, of which the three +following sections are restored from copies in Ashurbânipal's +library: +</p> + +<p> +<note place='margin'>Obligations of owner to gather a date-crop +assigned for debt</note> +§ X. [If a man has borrowed money of a merchant and has given +a date grove] to the merchant and has said to him, <q>Take the dates +that are in my grove for your money</q>; that merchant shall not +consent, the owner of the grove shall take the dates that are +in the grove and shall answer to the merchant for the money and +its interest, according to the tenor of his agreement, and the +owner of the grove shall take the surplus of the dates that are in +the grove. +</p> + +<p> +<note place='margin'>Eviction of house-tenant</note> +§ Y. [If a man has let a house] and the tenant has paid to the +owner of the house the full rent for a term of years, and if the +owner of the house has ordered the tenant to leave before his time +<pb n='051'/><anchor id='Pg051'/> +is up, the owner of the house, because he has ordered his tenant to +leave before his time is up, [shall repay a proportionate amount] +from what the tenant has paid him. +</p> + +<p> +<note place='margin'>Acceptance of goods in payment +of debt, in default of money or corn</note> +§ Z. [If a man has borrowed money of a merchant] and has not +corn or money wherewith [to pay], but has goods; whatever is in +his hands, he shall give to the merchant, before the elders. The +merchant shall not object; he shall receive it. +</p> + +<p> +After the loss of about thirty-five sections the Code +resumes: +</p> + +<p> +<note place='margin'>Responsibility of a travelling salesman</note> +§ 100. [If an agent has received money of a merchant, he shall +write down the amount] and [what is to be] the interest of the +money, and when his time is up, he shall settle with his merchant. +</p> + +<p> +§ 101. If he has not had success on his travels, he shall return +double what he received to the merchant. +</p> + +<p> +<note place='margin'>Robbery, substantiated by oath, a valid excuse</note> +§§ 102, 103. If the merchant has given money, as a speculation, +to the agent, who during his travels has met with misfortune, he +shall return the full sum to the merchant. [103]. If, on his travels, +an enemy has forced him to give up some of the goods he was carrying, +the agent shall specify the amount on oath and shall be acquitted. +</p> + +<p> +<note place='margin'>Responsibility to be indicated +by legal receipts</note> +§ 104. If a merchant has given to an agent corn, wool, oil, or +any sort of goods, to traffic with, the agent shall write down the +money value, and shall return that to the merchant. The agent +shall then take a sealed receipt for the money that he has given to +the merchant. +</p> + +<p> +§ 105. If the agent forgets and has not taken a sealed receipt for +the money he gave to the merchant, money that has not been +acknowledged by receipt shall not be put down in the accounts. +</p> + +<p> +<note place='margin'>Punishment of fraud of an agent</note> +§ 106. If an agent has taken money of a merchant, and his principal +suspects him, that principal shall prosecute his agent, put him +on oath before the elders, as to the money taken; the agent shall +pay to the merchant threefold what he misappropriated. +</p> + +<p> +<note place='margin'>Fraud practiced by principal</note> +§ 107. If the principal has overcharged the agent and the agent +has [really] returned to his principal whatever his principal gave him, +and if the principal has disputed what the agent has given him, that +agent shall put his principal on oath before the elders, and the merchant, +because he has defrauded the agent, shall pay to the agent +sixfold what he misappropriated. +</p> + +<pb n='052'/><anchor id='Pg052'/> + +<p> +<note place='margin'>Fraud in ordinary drink-traffic</note> +§ 108. If the mistress of a beer-shop has not received corn as the +price of beer or has demanded silver on an excessive scale, and has +made the measure of beer less than the measure of corn, that beer-seller +shall be prosecuted and drowned. +</p> + +<p> +<note place='margin'>Connivance at unlawful assemblages</note> +§ 109. If the mistress of a beer-shop has assembled seditious slanderers +in her house and those seditious persons have not been captured +and have not been haled to the palace, that beer-seller shall be +put to death. +</p> + +<p> +<note place='margin'>Drink-traffic forbidden to votaries</note> +§ 110. If a votary, who is not living in the convent, open a beer-shop, +or enter a beer-shop for drink, that woman shall be put to death. +</p> + +<p> +<note place='margin'>Rate of payment with produce</note> +§ 111. If the mistress of a beer-shop has given sixty +<foreign rend='italic'>ḲA</foreign> of <foreign rend='italic'>sakani</foreign> +beer in the time of thirst, at harvest, she shall take fifty +<foreign rend='italic'>ḲA</foreign> of corn. +</p> + +<p> +<note place='margin'>Carrier's liability for misappropriation of goods</note> +§ 112. If a man staying abroad has given silver, gold, precious +stones, or portable goods to another man to transport, and if that +man has not delivered the consignment, where he has carried it, but +has appropriated it, the owner of the consignment shall prosecute +him, and the carrier shall give to the owner of the consignment fivefold +whatever was intrusted to him. +</p> + +<p> +<note place='margin'>Unauthorized seizure of goods denied a creditor</note> +§ 113. If a man has a debt of corn, or money, due from another +and without the consent of the owner of the corn has taken corn +from the granary, or barn, the owner of the corn shall prosecute +him for taking the corn from the granary, or barn, without his consent, +and the man shall return all the corn he took, and further lose +whatever it was that he had lent. +</p> + +<p> +<note place='margin'>Punishment of vexatious distraint</note> +§ 114. If a man has no debt of corn or money due from a man on +whom he has levied a distraint, for each such distraint he shall pay +one-third of a mina of silver. +</p> + +<p> +<note place='margin'>Creditor responsible for fair treatment +of a man held as security for debt</note> +§ 115. If a man has corn or money due from another man and +has levied a distraint and the hostage has died a natural death in the +house of the creditor, he cannot be held responsible. +</p> + +<p> +§ 116. If the hostage has died of blows or want in the house of +the creditor, the owner of the hostage shall prosecute his creditor, +and if the deceased were free born, the creditor's son shall be put to +death; if a slave, the creditor shall pay one-third of a mina of silver, +Further, he shall lose whatever it was that he lent. +</p> + +<p> +<note place='margin'>Limitations on the holding of such hostages</note> +§ 117. If a man owes a debt, and he has given his wife, his son, +or his daughter [as hostage] for the money, or has handed someone +over to work it off, the hostage shall do the work of the creditor's +house; but in the fourth year he shall set them free. +</p> + +<pb n='053'/><anchor id='Pg053'/> + +<p> +§ 118. If a debtor has handed over a male or female slave to work +off a debt, and the creditor proceeds to sell same, no one can complain. +</p> + +<p> +§ 119. If a man owes a debt, and he has assigned a maid who has +borne him children for the money, the owner of the maid shall repay +the money which the merchant gave him and shall ransom his maid. +</p> + +<p> +<note place='margin'>Responsibility of owners of warehouses</note> +§ 120. If a man has deposited his corn for safe keeping in another's +house and it has suffered damage in the granary, or if the +owner of the house has opened the store and taken the corn, or has +disputed the amount of the corn that was stored in his house, the +owner of the corn shall declare on oath the amount of his corn, and +the owner of the house shall return him double. +</p> + +<p> +<note place='margin'>Rate of payment for storage of corn</note> +§ 121. If a man has stored corn in another man's house he shall give, +on each <foreign rend='italic'>GUR</foreign> of corn, five +<foreign rend='italic'>ḲA</foreign> of corn, yearly, as the rent for storage. +</p> + +<p> +<note place='margin'>Receipt for deposit of valuables</note> +§ 122. If a man has given another gold, silver, or any goods +whatever, on deposit, all that he gives shall he show to witnesses, +and take a bond and so give on deposit. +</p> + +<p> +§ 123. If he has given on deposit without witnesses and bonds, +and has been defrauded where he made his deposit, he has no claim +to prosecute. +</p> + +<p> +<note place='margin'>Responsibility of bankers</note> +§ 124. If a man has given on deposit to another, before witnesses, +gold, silver, or any goods whatever, and his claim has been contested, +he shall prosecute that man, and [the man] shall return double what +he disputed. +</p> + +<p> +<note place='margin'>Their own losses no excuse</note> +§ 125. If a man has given anything whatever on deposit, and, +where he has made his deposit, something of his has been lost +together with something belonging to the owner of the house, either +by house-breaking or a rebellion, the owner of the house who is in +default shall make good all that has been given him on deposit, +which he has lost, and shall return it to the owner of the goods. +The owner of the house shall look after what he has lost and recover +it from the thief. +</p> + +<p> +<note place='margin'>Depreciation of property</note> +§ 126. If a man has said that something of his is lost, which is +not lost, or has alleged a depreciation, though nothing of his is lost, +he shall estimate the depreciation on oath, and he shall pay double +whatever he has claimed. +</p> + +<p> +<note place='margin'>Slander of votary or married woman</note> +§ 127. If a man has caused the finger to be pointed at a votary, +or a man's wife, and has not justified himself, that man shall be +brought before the judges, and have his forehead branded. +</p> + +<pb n='054'/><anchor id='Pg054'/> + +<p> +<note place='margin'>Marriage-bonds</note> +§ 128. If a man has taken a wife and has not executed a marriage-contract, +that woman is not a wife. +</p> + +<p> +<note place='margin'>Punishment of flagrant adultery</note> +§ 129. If a man's wife be caught lying with another, they shall +be strangled and cast into the water. If the wife's husband would +save his wife, the king can save his servant. +</p> + +<p> +<note place='margin'>Rape of a betrothed virgin</note> +§ 130. If a man has ravished another's betrothed wife, who is a +virgin, while still living in her father's house, and has been caught in +the act, that man shall be put to death; the woman shall go free. +</p> + +<p> +<note place='margin'>Suspicion of adultery cleared by oath</note> +§ 131. If a man's wife has been accused by her husband, and has +not been caught lying with another, she shall swear her innocence, +and return to her house. +</p> + +<p> +<note place='margin'>Ordeal of water permissible to accused wife</note> +§ 132. If a man's wife has the finger pointed at her on account of +another, but has not been caught lying with him, for her husband's +sake she shall plunge into the sacred river. +</p> + +<p> +<note place='margin'>Rights and duties of the wives of +those who have been taken captive in war</note> +§ 133. If a man has been taken captive, and there was maintenance +in his house, but his wife has left her house and entered into +another man's house; because that woman has not preserved her +body, and has entered into the house of another, that woman shall +be prosecuted and shall be drowned. +</p> + +<p> +§ 134. If a man has been taken captive, but there was not maintenance +in his house, and his wife has entered into the house of another, +that woman has no blame. +</p> + +<p> +§ 135. If a man has been taken captive, but there was no maintenance +in his house for his wife, and she has entered into the +house of another, and has borne him children, if in the future her +[first] husband shall return and regain his city, that woman shall +return to her first husband, but the children shall follow their own +father. +</p> + +<p> +<note place='margin'>Right of a deserted wife to remarry</note> +§ 136. If a man has left his city and fled, and, after he has gone, +his wife has entered into the house of another; if the man return +and seize his wife, the wife of the fugitive shall not return to her +husband, because he hated his city and fled. +</p> + +<p> +<note place='margin'>Rights of a divorced woman who has borne children</note> +§ 137. If a man has determined to divorce a concubine who has +borne him children, or a votary who has granted him children, he +shall return to that woman her marriage-portion, and shall give her +the usufruct of field, garden, and goods, to bring up her children. +After her children have grown up, out of whatever is given to her +children, they shall give her one son's share, and the husband of her +choice shall marry her. +</p> + +<pb n='055'/><anchor id='Pg055'/> + +<p> +<note place='margin'>Rights of a divorced woman who +is childless</note> +§ 138. If a man has divorced his wife, who has not borne him +children, he shall pay over to her as much money as was given for +her bride-price and the marriage-portion which she brought from +her father's house, and so shall divorce her. +</p> + +<p> +§ 139. If there was no bride-price, he shall give her one mina of +silver, as a price of divorce. +</p> + +<p> +§ 140. If he be a plebeian, he shall give her one-third of a mina +of silver. +</p> + +<p> +<note place='margin'>Status of a worthless wife</note> +§ 141. If a man's wife, living in her husband's house, has persisted +in going out, has acted the fool, has wasted her house, has belittled +her husband, he shall prosecute her. If her husband has said, <q>I +divorce her,</q> she shall go her way; he shall give her nothing as her +price of divorce. If her husband has said, <q>I will not divorce her,</q> +he may take another woman to wife; the wife shall live as a slave in +her husband's house. +</p> + +<p> +<note place='margin'>Status of a wife who repudiates her husband</note> +§ 142. If a woman has hated her husband and has said, <q>You +shall not possess me,</q> her past shall be inquired into, as to what +she lacks. If she has been discreet, and has no vice, and her husband +has gone out, and has greatly belittled her, that woman has no +blame, she shall take her marriage-portion and go off to her father's +house. +</p> + +<p> +§ 143. If she has not been discreet, has gone out, ruined her +house, belittled her husband, she shall be drowned. +</p> + +<p> +<note place='margin'>Marriage with a votary</note> +§ 144. If a man has married a votary, and that votary has given +a maid to her husband, and so caused him to have children, and, if +that man is inclined to marry a concubine, that man shall not be allowed +to do so, he shall not marry a concubine. +</p> + +<p> +§ 145. If a man has married a votary, and she has not granted +him children, and he is determined to marry a concubine, that +man shall marry the concubine, and bring her into his house, +but the concubine shall not place herself on an equality with the +votary. +</p> + +<p> +<note place='margin'>A votary's rights against a maid assigned +to her husband</note> +§ 146. If a man has married a votary, and she has given a maid +to her husband, and the maid has borne children, and if afterward +that maid has placed herself on an equality with her mistress, because +she has borne children, her mistress shall not sell her, she +shall place a slave-mark upon her, and reckon her with the slave-girls. +</p> + +<p> +§ 147. If she has not borne children, her mistress shall sell her. +</p> + +<pb n='056'/><anchor id='Pg056'/> + +<p> +<note place='margin'>Status of a wife afflicted with a disease</note> +§ 148. If a man has married a wife and a disease has seized her, +if he is determined to marry a second wife, he shall marry her. He +shall not divorce the wife whom the disease has seized. In the home +they made together she shall dwell, and he shall maintain her as +long as she lives. +</p> + +<p> +§ 149. If that woman was not pleased to stay in her husband's +house, he shall pay over to her the marriage-portion which she +brought from her father's house, and she shall go away. +</p> + +<p> +<note place='margin'>Wife's right to property deeded to +her by her husband</note> +§ 150. If a man has presented field, garden, house, or goods to +his wife, has granted her a deed of gift, her children, after her husband's +death, shall not dispute her right; the mother shall leave it +after her death to that one of her children whom she loves best. +She shall not leave it to her kindred. +</p> + +<p> +<note place='margin'>Marital responsibility for ante-nuptial debts</note> +§ 151. If a woman, who is living in a man's house, has persuaded +her husband to bind himself, and grant her a deed to the effect that +she shall not be held for debt by a creditor of her husband's; if that +man had a debt upon him before he married that woman, his creditor +shall not take his wife for it. Also, if that woman had a debt +upon her before she entered that man's house, her creditor shall not +take her husband for it. +</p> + +<p> +§ 152. From the time that that woman entered into the man's +house they together shall be liable for all debts subsequently incurred. +</p> + +<p> +<note place='margin'>Connivance at husband's murder by a wife</note> +§ 153. If a man's wife, for the sake of another, has caused her +husband to be killed, that woman shall be impaled. +</p> + +<p> +<note place='margin'>Incest with own daughter</note> +§ 154. If a man has committed incest with his daughter, that +man shall be banished from the city. +</p> + +<p> +<note place='margin'>Incest with daughter-in-law</note> +§ 155. If a man has betrothed a maiden to his son and his son has +known her, and afterward the man has lain in her bosom, and been +caught, that man shall be strangled and she shall be cast into the +water. +</p> + +<p> +§ 156. If a man has betrothed a maiden to his son, and his son has +not known her, and that man has lain in her bosom, he shall pay her +half a mina of silver, and shall pay over to her whatever she brought +from her father's house, and the husband of her choice shall marry her. +</p> + +<p> +<note place='margin'>Incest with mother</note> +§ 157. If a man, after his father's death, has lain in the bosom of +his mother, they shall both of them be burnt together. +</p> + +<p> +<note place='margin'>Incest with step-mother</note> +§ 158. If a man, after his father's death, be caught in the bosom +of his step-mother, who has borne children, that man shall be cut off +from his father's house. +</p> + +<pb n='057'/><anchor id='Pg057'/> + +<p> +<note place='margin'>Penalty for breach of promise</note> +§ 159. If a man, who has presented a gift to the house of his prospective +father-in-law and has given the bride-price, has afterward +looked upon another woman and has said to his father-in-law, <q>I will +not marry your daughter</q>; the father of the girl shall keep whatever +he has brought as a present. +</p> + +<p> +<note place='margin'>Rights of a rejected suitor</note> +§ 160. If a man has presented a gift to the house of his prospective +father-in-law, and has given the bride-price, but the father of +the girl has said, <q>I will not give you my daughter,</q> the father +shall return double all that was presented him. +</p> + +<p> +<note place='margin'>Slandering rival not to profit by his calumny</note> +§ 161. If a man has brought a gift to the house of his prospective +father-in-law, and has given the bride-price, but his comrade has +slandered him and his father-in-law has said to the suitor, <q>You +shall not marry my daughter,</q> [the father] shall return double all +that was presented him. Further, the comrade shall not marry the +girl. +</p> + +<p> +<note place='margin'>Disposal of a wife's marriage-portion</note> +§ 162. If a man has married a wife, and she has borne him children, +and that woman has gone to her fate, her father shall lay no +claim to her marriage-portion. Her marriage-portion is her children's +only. +</p> + +<p> +§ 163. If a man has married a wife, and she has not borne him +children, and that woman has gone to her fate; if his father-in-law +has returned to him the bride-price, which that man brought into +the house of his father-in-law, her husband shall have no claim on +the marriage-portion of that woman. Her marriage-portion indeed +belongs to her father's house. +</p> + +<p> +§ 164. If the father-in-law has not returned the bride-price, the +husband shall deduct the amount of her bride-price from her marriage-portion, +and shall return her marriage-portion to her father's house. +</p> + +<p> +<note place='margin'>Effect upon the inheritance of a father's +gift to a favorite son</note> +§ 165. If a man has presented field, garden, or house to his son, +the first in his eyes, and has written him a deed of gift; after the +father has gone to his fate, when the brothers share, he shall keep the +present his father gave him, and over and above shall share equally +with them in the goods of his father's estate. +</p> + +<p> +<note place='margin'>Reservation of a bride-price for a young unmarried +brother</note> +§ 166. If a man has taken wives for the other sons he had, but +has not taken a wife for his young son, after the father has gone to +his fate, when the brothers share, they shall set aside from the goods +of their father's estate money, as a bride-price, for their young +brother, who has not married a wife, over and above his share, and +they shall cause him to take a wife. +</p> + +<pb n='058'/><anchor id='Pg058'/> + +<p> +<note place='margin'>Inheritance of children in case of two fruitful marriages</note> +§ 167. If a man has taken a wife, and she has borne him children +and that woman has gone to her fate, and he has taken a second wife, +and she also has borne children; after the father has gone to his fate, +the sons shall not share according to mothers, but each family shall +take the marriage-portion of its mother, and all shall share the +goods of their father's estate equally. +</p> + +<p> +<note place='margin'>Disinheritance of a son</note> +§ 168. If a man has determined to disinherit his son and has declared +before the judge, <q>I cut off my son,</q> the judge shall inquire +into the son's past, and, if the son has not committed a grave misdemeanor +such as should cut him off from sonship, the father shall disinherit +his son. +</p> + +<p> +§ 169. If he has committed a grave crime against his father, which +cuts off from sonship, for the first offence he shall pardon him. If he +has committed a grave crime a second time, the father shall cut off +his son from sonship. +</p> + +<p> +<note place='margin'>Status of children by a slave-woman</note> +§ 170. If a man has had children borne to him by his wife, and +also by a maid, if the father in his lifetime has said, <q>My sons,</q> to +the children whom his maid bore him, and has reckoned them with +the sons of his wife; then after the father has gone to his fate, the +children of the wife and of the maid shall share equally. The children +of the wife shall apportion the shares and make their own +selections. +</p> + +<p> +§ 171. And if the father, in his lifetime, has not said, <q>My +sons,</q> to the children whom the maid bore him, after the father has +gone to his fate, the children of the maid shall not share with the +children of the wife in the goods of their father's house. The maid +and her children, however, shall obtain their freedom. The children +of the wife have no claim for service on the children of the maid. +</p> + +<p> +<note place='margin'>The rights of a widow in personal property</note> +The wife shall take her marriage-portion, and any gift that her +husband has given her and for which he has written a deed of gift +and she shall dwell in her husband's house; as long as she lives, she +shall enjoy it, she shall not sell it. After her death it is indeed her +children's. +</p> + +<p> +§ 172. If her husband has not given her a gift, her marriage-portion +shall be given her in full, and, from the goods of her husband's +estate, she shall take a share equal to that of one son. +</p> + +<p> +<note place='margin'>Her rights in the home</note> +If her children have persecuted her in order to have her leave the +house, and the judge has inquired into her past, and laid the blame +on the children, that woman shall not leave her husband's house. If +<pb n='059'/><anchor id='Pg059'/> +that woman has determined to leave, she shall relinquish to her +children the gift her husband gave her, she shall take the marriage-portion +of her father's estate, and the husband of her choice may +marry her. +</p> + +<p> +<note place='margin'>Dower rights of her children by second marriage</note> +§ 173. If that woman, where she has gone, has borne children to +her later husband, after that woman has died, the children of both +marriages shall share her marriage-portion. +</p> + +<p> +§ 174. If she has not borne children to her later husband, the +children of her first husband shall take her marriage-portion. +</p> + +<p> +<note place='margin'>Property rights of the children of slave-father +and free mother</note> +§ 175. If either a slave of a patrician, or of a plebeian, has +married the daughter of a free man, and she has borne children, the +owner of the slave shall have no claim for service on the children of +a free woman. And if a slave, either of a patrician or of a plebeian, +has married a free woman and when he married her she entered the +slave's house with a marriage-portion from her father's estate, be he +slave of a patrician or of a plebeian, and from the time that they +started to keep house, they have acquired property; after the slave, +whether of a patrician or of a plebeian, has gone to his fate, the free +woman shall take her marriage-portion, and whatever her husband +and she acquired, since they started house-keeping. She shall divide +it into two portions. The master of the slave shall take one half, +the other half the free woman shall take for her children. +</p> + +<p> +§ 176. If the free woman had no marriage-portion, whatever her +husband and she acquired since they started house-keeping he shall +divide into two portions. The owner of the slave shall take one half, +the other half the free woman shall take for her children. +</p> + +<p> +<note place='margin'>Property rights of the young children of a +widow who remarries</note> +§ 177. If a widow, whose children are young, has determined to +marry again, she shall not marry without consent of the judge. +When she is allowed to remarry, the judge shall inquire as to what +remains of the property of her former husband, and shall intrust the +property of her former husband to that woman and her second husband. +He shall give them an inventory. They shall watch over the +property, and bring up the children. Not a utensil shall they sell. +A buyer of any utensil belonging to the widow's children shall lose +his money and shall return the article to its owners. +</p> + +<p> +<note place='margin'>The property rights of a votary</note> +§ 178. If a female votary, or vowed woman, has had given her by +her father a portion, as for marriage, and he has written her a deed, +and in the deed which he has written her he has not written that +she may leave it as she pleases, and has not granted her all her +<pb n='060'/><anchor id='Pg060'/> +desire; after her father has gone to his fate, her brothers shall take +her field, or garden, and, according to the value of her share, shall +give her corn, oil, and wool, and shall content her heart. If they do +not give her corn, oil, and wool, according to the value of her share, +and do not satisfy her, she shall let her field and garden to a +farmer, whom she chooses, and the farmer shall support her. The +field, garden, or whatever her father gave her, she shall enjoy, as +long as she lives. She shall not sell it, nor mortgage it. The reversion +of her inheritance indeed belongs to her brothers. +</p> + +<p> +<note place='margin'>Her right to convey property</note> +§ 179. If a female votary, or vowed woman, has had a portion +given her by her father, and he has written her a deed, and in the +deed that he has written her has [declared] that she may give it +as she pleases, and has granted her all her desire; after her father +has gone to his fate, she shall leave it as she pleases; her brothers +shall make no claim against her. +</p> + +<p> +<note place='margin'>Her right of inheritance</note> +§ 180. If the father has not given a portion to his daughter, who +is a female votary, or vowed woman; after her father has gone to his +fate, she shall share in the property of her father's house, like any +other child. As long as she lives, she shall enjoy her share; after +her, it indeed belongs to her brothers. +</p> + +<p> +<note place='margin'>Her proportion of her father's property</note> +§ 181. If a father has vowed his daughter to a god, as a +temple maid, or a virgin, and has given her no portion; after the +father has gone to his fate, she shall share in the property of +her father's estate, taking one-third of a child's share. She shall +enjoy her share, as long as she lives. After her, it belongs to her +brothers. +</p> + +<p> +<note place='margin'>Additional privileges of votary of Marduk of Babylon</note> +§ 182. If a father has not given a portion, as for marriage, to his +daughter, a votary of Marduk of Babylon, and has not written +her a deed; after her father has gone to his fate, she shall share with +her brothers from the goods of her father's estate, taking one-third +of a child's share. She shall not be subject to duty. The votary of +Marduk shall leave it after her to whom she pleases. +</p> + +<p> +<note place='margin'>Rights of a daughter by a concubine, if provided for by father +on marriage</note> +§ 183. If a father has given a portion, as for marriage, to his +daughter by a concubine, and has given her to a husband, and has +written her a deed; after her father has gone to his fate, she shall +not share in the goods of her father's house. +</p> + +<p> +<note place='margin'>If not so provided for by father</note> +§ 184. If a man has not given a portion, as for marriage, to his +daughter by a concubine, and has not given her to a husband; after +her father has gone to his fate, her brothers shall present her with a +<pb n='061'/><anchor id='Pg061'/> +marriage-portion, according to the wealth of her father's estate, and +shall give her to a husband. +</p> + +<p> +<note place='margin'>Adoption of natural son</note> +§ 185. If a man has taken a young child, a natural son of his, to +be his son, and has brought him up, no one shall make a claim +against that foster child. +</p> + +<p> +<note place='margin'>Adoption of child of living parents</note> +§ 186. If a man has taken a young child to be his son, and after +he has taken him, the child discover his own parents, he shall return +to his father's house. +</p> + +<p> +§ 187. The son of a royal favorite, of one that stands in the palace, +or the son of a votary shall not be reclaimed. +</p> + +<p> +<note place='margin'>Responsibilities of a craftsman to his adopted child</note> +§§ 188, 189. If a craftsman has taken a child to bring up and has +taught him his handicraft, he shall not be reclaimed. If he has not +taught him his handicraft that foster child shall return to his father's +house. +</p> + +<p> +<note place='margin'>Rights of inheritance of an adopted son</note> +§ 190. If a man has brought up the child, whom he has taken to +be his son, but has not reckoned him with his sons, that foster child +shall return to his father's house. +</p> + +<p> +<note place='margin'>Obligations on discarding an adopted son</note> +§ 191. If a man has brought up the child, whom he took to be +his son, and then sets up a home, and after he has acquired children, +decides to disinherit the foster child, that son shall not go his way +[penniless]; the father that brought him up shall give him one-third +of a son's share in his goods and he shall depart. He shall not give +him field, garden, or house. +</p> + +<p> +<note place='margin'>Punishment for the repudiation of adoptive parents</note> +§ 192. If the son of a palace favorite or the son of a vowed woman +has said to the father that brought him up, <q>You are not my +father,</q> or to the mother that brought him up, <q>You are not my +mother,</q> his tongue shall be cut out. +</p> + +<p> +§ 193. If the son of a palace favorite or the son of a vowed woman +has come to know his father's house and has hated his father that +brought him up, or his mother that brought him up, and shall go +off to his father's house, his eyes shall be torn out. +</p> + +<p> +<note place='margin'>Penalty of substituting one infant for another</note> +§ 194. If a man has given his son to a wet-nurse to suckle, +and that son has died in the hands of the nurse, and the nurse, +without consent of the child's father or mother, has nursed another +child, they shall prosecute her; because she has nursed another +child, without consent of the father or mother, her breasts shall be +cut off. +</p> + +<p> +<note place='margin'>Assault on a father</note> +§ 195. If a son has struck his father, his hands shall be cut +off. +</p> + +<pb n='062'/><anchor id='Pg062'/> + +<p> +<note place='margin'>Graded penalties for assault and battery</note> +§ 196. If a man has knocked out the eye of a patrician, his eye +shall be knocked out. +</p> + +<p> +§ 197. If he has broken the limb of a patrician, his limb shall be +broken. +</p> + +<p> +§ 198. If he has knocked out the eye of a plebeian or has broken +the limb of a plebeian, he shall pay one mina of silver. +</p> + +<p> +§ 199. If he has knocked out the eye of a patrician's servant, +or broken the limb of a patrician's servant, he shall pay half his +value. +</p> + +<p> +§ 200. If a patrician has knocked out the tooth of a man that is +his equal, his tooth shall be knocked out. +</p> + +<p> +§ 201. If he has knocked out the tooth of a plebeian, he shall +pay one-third of a mina of silver. +</p> + +<p> +<note place='margin'>Brutal assault</note> +§ 202. If a man has smitten the privates of a man, higher in rank +than he, he shall be scourged with sixty blows of an ox-hide scourge, +in the assembly. +</p> + +<p> +§ 203. If a man has smitten the privates of a patrician of his +own rank, he shall pay one mina of silver. +</p> + +<p> +§ 204. If a plebeian has smitten the privates of a plebeian, he +shall pay ten shekels of silver. +</p> + +<p> +§ 205. If the slave of anyone has smitten the privates of a free-born +man, his ear shall be cut off. +</p> + +<p> +<note place='margin'>Fatal assault</note> +§ 206. If a man has struck another in a quarrel, and caused him +a permanent injury, that man shall swear, <q>I struck him without +malice,</q> and shall pay the doctor. +</p> + +<p> +§ 207. If he has died of his blows, [the man] shall swear [similarly], +and pay one-half a mina of silver; or, +</p> + +<p> +§ 208. If [the deceased] was a plebeian, he shall pay one-third of +a mina of silver. +</p> + +<p> +<note place='margin'>Assaults upon pregnant women</note> +§ 209. If a man has struck a free woman with child, and has +caused her to miscarry, he shall pay ten shekels for her miscarriage. +</p> + +<p> +§ 210. If that woman die, his daughter shall be killed. +</p> + +<p> +§ 211. If it be the daughter of a plebeian, that has miscarried +through his blows, he shall pay five shekels of silver. +</p> + +<p> +§ 212. If that woman die, he shall pay half a mina of silver. +</p> + +<p> +§ 213. If he has struck a man's maid and caused her to miscarry, +he shall pay two shekels of silver. +</p> + +<p> +§ 214. If that woman die, he shall pay one-third of a mina of +silver. +</p> + +<pb n='063'/><anchor id='Pg063'/> + +<p> +<note place='margin'>Gradation of surgeon's fees</note> +§ 215. If a surgeon has operated with the bronze lancet on a +patrician for a serious injury, and has cured him, or has removed +with a bronze lancet a cataract for a patrician, and has cured his +eye, he shall take ten shekels of silver. +</p> + +<p> +§ 216. If it be plebeian, he shall take five shekels of silver. +</p> + +<p> +§ 217. If it be a man's slave, the owner of the slave shall give two +shekels of silver to the surgeon. +</p> + +<p> +<note place='margin'>Penalties for unskilful operations</note> +§ 218. If a surgeon has operated with the bronze lancet on a +patrician for a serious injury, and has caused his death, or has removed +a cataract for a patrician, with the bronze lancet, and has +made him lose his eye, his hands shall be cut off. +</p> + +<p> +§ 219. If the surgeon has treated a serious injury of a plebeian's +slave, with the bronze lancet, and has caused his death, he shall +render slave for slave. +</p> + +<p> +§ 220. If he has removed a cataract with the bronze lancet, and +made the slave lose his eye, he shall pay half his value. +</p> + +<p> +<note place='margin'>Cure of limb or bowel</note> +§ 221. If a surgeon has cured the limb of a patrician, or has +doctored a diseased bowel, the patient shall pay five shekels of silver +to the surgeon. +</p> + +<p> +§ 222. If he be a plebeian, he shall pay three shekels of +silver. +</p> + +<p> +§ 223. If he be a man's slave, the owner of the slave shall give +two shekels of silver to the doctor. +</p> + +<p> +<note place='margin'>Fees for the treatment of the diseases of animals</note> +§ 224. If a veterinary surgeon has treated an ox, or an ass, for a +severe injury, and cured it, the owner of the ox, or the ass, shall pay +the surgeon one-sixth of a shekel of silver, as his fee. +</p> + +<p> +§ 225. If he has treated an ox, or an ass, for a severe injury, and +caused it to die, he shall pay one-quarter of its value to the owner +of the ox, or the ass. +</p> + +<p> +<note place='margin'>Brander's liabilities</note> +§ 226. If a brander has cut out a mark on a slave, without +the consent of his owner, that brander shall have his hands +cut off. +</p> + +<p> +§ 227. If someone has deceived the brander, and induced him to +cut out a mark on a slave, that man shall be put to death and +buried in his house; the brander shall swear, <q>I did not mark him +knowingly,</q> and shall go free. +</p> + +<p> +<note place='margin'>Builder's fee and liabilities for bad workmanship</note> +§ 228. If a builder has built a house for a man, and finished it, +he shall pay him a fee of two shekels of silver, for each <hi rend='italic'>SAR</hi> +built on. +</p> + +<pb n='064'/><anchor id='Pg064'/> + +<p> +§ 229. If a builder has built a house for a man, and has not made +his work sound, and the house he built has fallen, and caused the +death of its owner, that builder shall be put to death. +</p> + +<p> +§ 230. If it is the owner's son that is killed, the builder's son +shall be put to death. +</p> + +<p> +§ 231. If it is the slave of the owner that is killed, the builder +shall give slave for slave to the owner of the house. +</p> + +<p> +§ 232. If he has caused the loss of goods, he shall render back +whatever he has destroyed. Moreover, because he did not make +sound the house he built, and it fell, at his own cost he shall rebuild +the house that fell. +</p> + +<p> +§ 233. If a builder has built a house for a man, and has not +keyed his work, and the wall has fallen, that builder shall make +that wall firm at his own expense. +</p> + +<p> +<note place='margin'>Boatmen's fees and liabilities</note> +§ 234. If a boatman has built a boat of sixty <hi rend='italic'>GUR</hi> for a man, he +shall pay him a fee of two shekels of silver. +</p> + +<p> +§ 235. If a boatman has built a boat for a man, and has not made +his work sound, and in that same year that boat is sent on a voyage +and suffers damage, the boatman shall rebuild that boat, and, at his +own expense, shall make it strong, or shall give a strong boat to +the owner. +</p> + +<p> +<note place='margin'>Hire of boats</note> +§ 236. If a man has let his boat to a boatman, and the boatman +has been careless and the boat has been sunk or lost, the boatman +shall restore a boat to the owner. +</p> + +<p> +<note place='margin'>Responsibility of boatmen carrying goods</note> +§ 237. If a man has hired a boat and boatman, and loaded it with +corn, wool, oil, or dates, or whatever it be, and the boatman has been +careless, and sunk the boat, or lost what is in it, the boatman shall +restore the boat which he sank, and whatever he lost that was in it. +</p> + +<p> +§ 238. If a boatman has sunk a man's boat, and has floated it +again, he shall pay half its value in silver. +</p> + +<p> +§ 239. If a man has hired a boatman, he shall pay him six <hi rend='italic'>GUR</hi> +of corn yearly. +</p> + +<p> +<note place='margin'>Law of collision</note> +§ 240. If a boat, on its course, has run into a boat at anchor, and +sunk it, the owner of the boat that was sunk shall estimate on oath +whatever was lost in his boat, and the owner of the moving vessel, +which sank the boat at anchor, shall make good his boat and what +was lost in it. +</p> + +<p> +<note place='margin'>Working ox not to be distrained</note> +§ 241. If a man has levied a distraint on a working ox, he shall +pay one-third of a mina of silver. +</p> + +<pb n='065'/><anchor id='Pg065'/> + +<p> +<note place='margin'> Hire of oxen and cows</note> +§ 242. If a man has hired a working ox for one year, its hire is +four <hi rend='italic'>GUR</hi> of corn. +</p> + +<p> +§ 243. As the hire of a milch cow one shall give three <hi rend='italic'>GUR</hi> of +corn to its owner. +</p> + +<p> +<note place='margin'>Liability for loss of ox or ass by accident</note> +§ 244. If a man has hired an ox, or an ass, and a lion has killed +it in the open field, the loss falls on its owner. +</p> + +<p> +<note place='margin'>Compensation for loss of ox by ill-treatment</note> +§ 245. If a man has hired an ox and has caused its death, by carelessness, +or blows, he shall restore ox for ox, to the owner of the ox. +</p> + +<p> +§ 246. If a man has hired an ox, and has broken its leg, or cut its +neck (?), he shall restore ox for ox, to the owner of the ox. +</p> + +<p> +§ 247. If a man has hired an ox, and knocked out its eye, he shall +pay to the owner of the ox half its value. +</p> + +<p> +<note place='margin'>Responsibility for unavoidable accidents to a hired ox</note> +§ 248. If a man has hired an ox, and has broken its horn, cut off +its tail, or torn its muzzle, he shall pay one-quarter of its value. +</p> + +<p> +§ 249. If a man has hired an ox, and God has struck it, and it has +died, the man that hired the ox shall make affidavit and go free. +</p> + +<p> +<note place='margin'>Death by goring, accidental</note> +§ 250. If a bull has gone wild and gored a man, and caused his +death, there can be no suit against the owner. +</p> + +<p> +<note place='margin'>Responsibility for a vicious ox</note> +§ 251. If a man's ox be a gorer, and has revealed its evil propensity +as a gorer, and he has not blunted its horn, or shut up the ox, +and then that ox has gored a free man, and caused his death, the +owner shall pay half a mina of silver. +</p> + +<p> +§ 252. If it be a slave that has been killed, he shall pay one-third +of a mina of silver. +</p> + +<p> +<note place='margin'>Responsibility of a tenant farmer</note> +§ 253. If a man has set another over his field, hired him, allotted +him tools, and intrusted him with oxen for cultivating the field and +provided harnesses for them, and if that man has appropriated the +seed or provender, and they have been found in his possession, his +hands shall be cut off. +</p> + +<p> +§ 254. If he has taken the provender or rations and has enfeebled +the oxen, he shall make it good from the corn he has hoed. +</p> + +<p> +§ 255. If he has let out the man's oxen for hire, or stolen the +seed-corn, or has not produced a crop, that man shall be prosecuted, +and he shall pay sixty <hi rend='italic'>GUR</hi> of corn for each +<hi rend='italic'>GAN</hi>. +</p> + +<p> +§ 256. If he is not able to pay his compensation, he shall be torn +in pieces on that field by the oxen. +</p> + +<p> +<note place='margin'>Wages of laborers</note> +§ 257. If a man has hired a field-laborer, he shall pay him eight +<hi rend='italic'>GUR</hi> of corn yearly. +</p> + +<p> +§ 258. If anyone has hired an ox-herd he shall pay him six <hi rend='italic'>GUR</hi> +of corn yearly. +</p> + +<pb n='066'/><anchor id='Pg066'/> + +<p> +<note place='margin'>Theft of agricultural instruments</note> +§ 259. If a man has stolen a watering-machine from the meadow, +he shall pay five shekels of silver to the owner of the watering-machine. +</p> + +<p> +§ 260. If a man has stolen a <foreign rend='italic'>shadduf</foreign>, +or a plough, he shall pay three shekels of silver. +</p> + +<p> +<note place='margin'>Wages of herdsmen</note> +§ 261. If a man has hired a herdsman, to pasture oxen, or sheep, +he shall pay him <hi rend='italic'>eight GUR</hi> of corn yearly. +</p> + +<p> +<note place='margin'>Their liability</note> +§ 262. If a man has intrusted ox or ass to ... [Passage +mutilated.] +</p> + +<p> +§ 263. If he has lost the ox, or ass, given to him, he shall restore +ox for ox, and ass for ass to its owner. +</p> + +<p> +§ 264. If a herdsman, who has had oxen or sheep given to +him to pasture, has received his wages for the business, and +been satisfied, then diminish the herd or lessen the offspring, he +shall give increase and produce according to the nature of his +agreements. +</p> + +<p> +§ 265. If a herdsman, to whom oxen or sheep have been given, +has defaulted, has altered the price, or sold them, he shall be prosecuted, +and shall restore oxen, or sheep, tenfold, to their owner. +</p> + +<p> +§ 266. If lightning has struck a fold, or a lion has made a +slaughter, the herdsman shall purge himself by oath, and the owner +of the fold shall bear the loss of the fold. +</p> + +<p> +§ 267. If the herdsman has been careless, and a loss has occurred +in the fold, the herdsman shall make good the loss in the fold; he +shall repay the oxen, or sheep, to their owner. +</p> + +<p> +<note place='margin'>Hire of animals for threshing</note> +§ 268. If a man has hired an ox, for threshing, its hire is twenty +<hi rend='italic'>ḲA</hi> of corn. +</p> + +<p> +§ 269. If he has hired an ass, for threshing, its hire is ten <hi rend='italic'>ḲA</hi> of +corn. +</p> + +<p> +§ 270. If he has hired a young animal, for threshing, its hire is +one <hi rend='italic'>ḲA</hi> of corn. +</p> + +<p> +<note place='margin'>Hire of wagon, oxen, and driver</note> +§ 271. If a man has hired oxen, a wagon, and its driver, he shall +pay one hundred and sixty <hi rend='italic'>ḲA</hi> of corn daily. +</p> + +<p> +§ 272. If a man has hired the wagon alone, he shall pay forty <hi rend='italic'>ḲA</hi> +of corn daily. +</p> + +<p> +<note place='margin'>Graded wages of day-laborers</note> +§ 273. If a man has hired a laborer from the beginning of the +year to the fifth month, he shall pay six <hi rend='italic'>ŠE</hi> of silver daily; from +the sixth month to the close of the year, he shall pay five <hi rend='italic'>ŠE</hi> +of silver daily. +</p> + +<pb n='067'/><anchor id='Pg067'/> + +<p> +<note place='margin'>Wages of artisans</note> +§ 274. If a man has hired an artisan, he shall pay as his daily +wages, to a ... five <hi rend='italic'>ŠE</hi> of silver, to a potter five +<hi rend='italic'>ŠE</hi> of silver, to a tailor five <hi rend='italic'>ŠE</hi> +of silver, to a stone-cutter ... <hi rend='italic'>ŠE</hi> of silver, to a ... +<hi rend='italic'>ŠE</hi> of silver, to a ... <hi rend='italic'>ŠE</hi> of silver, +to a carpenter four <hi rend='italic'>ŠE</hi> of silver, to a rope-maker four +<hi rend='italic'>ŠE</hi> of silver, to a ... <hi rend='italic'>ŠE</hi> of +silver, to a builder ... <hi rend='italic'>ŠE</hi> of silver. +</p> + +<p> +<note place='margin'>Hires of various boats</note> +§ 275. If a man has hired a boat, its hire is three <hi rend='italic'>ŠE</hi> of silver +daily. +</p> + +<p> +§ 276. If he has hired a fast boat he shall pay two and a half +<hi rend='italic'>ŠE</hi> daily. +</p> + +<p> +§ 277. If a man has hired a ship of sixty <hi rend='italic'>GUR</hi> he shall pay +one-sixth of a shekel of silver daily for its hire. +</p> + +<p> +<note place='margin'>Compensation for defect discovered in a slave after sale</note> +§ 278. If a man has bought a male or female slave and the slave +has not fulfilled his month, but the bennu disease has fallen upon +him, he shall return the slave to the seller and the buyer shall take +back the money he paid. +</p> + +<p> +§ 279. If a man has bought a male or female slave and a claim +has been raised, the seller shall answer the claim. +</p> + +<p> +<note place='margin'>Manumission of native slaves taken captive and +bought back by travelling merchant</note> +§ 280. If a man, in a foreign land, has bought a male, or female, +slave of another, and if when he has come home the owner of the +male or female slave has recognized his slave, and if the slave be a +native of the land, he shall grant him his liberty without money. +</p> + +<p> +<note place='margin'>Of foreign slaves</note> +§ 281. If the slave was a native of another country, the buyer +shall declare on oath the amount of money he paid, and the owner +of the slave shall repay the merchant what he paid and keep his slave. +</p> + +<p> +<note place='margin'>Punishment for repudiating a master</note> +§ 282. If a slave has said to his master, <q>You are not my master,</q> +he shall be brought to account as his slave, and his master shall +cut off his ear. +</p> + +<p> +<note place='margin'>General character of the Ḥammurabi Code</note> +This is not the place to write a commentary on the Code, +but there are a few necessary cautions. One of the first is +that most clauses are permissive rather than positive. The +verb <q>shall</q> is not an imperative, but a future. Doubtless +in case of heinous crimes the death-penalty had to be +inflicted. But there was always a trial, and proof was +demanded on oath. In many cases the <q>shall</q> is only +permissive, as when the Code says a widow <q>shall</q> marry +again. There is no proof that the jury decided only facts +and found the prisoner guilty or not, leaving the judge no +<pb n='068'/><anchor id='Pg068'/> +option but to inflict the extreme penalty. The judge, on +the contrary, seems to have had much legislative power. +When this view is taken, the Code appears no more severe +than those of the Middle Ages, or even of recent times, when +a man was hanged for sheep-stealing. There are many humanitarian +clauses and much protection is given the weak +and the helpless. One of the best proofs of its inherent +excellence is that it helped to build up an empire, which +lasted many centuries and was regarded with reverence +almost to the end. +</p> + +</div> + +<pb n='069'/><anchor id='Pg069'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>III. Later Babylonian Law</head> + +<p> +<note place='margin'>Bibliography</note> +Very little is yet known regarding later Babylonian law. +Dr. F. E. Peiser published in the <hi rend='italic'>Sitzungsberichte der +Königliche Akademie der Wissenschaften zu Berlin</hi> (1889, +pp. 823 ff.) a very interesting fragmentarily preserved text +(82-7-14, 988, in the British Museum), which contains +either a collection of abstracts of cases which have been +decided, or precedents, or else an extract from some code +later than that of Ḥammurabi. Dr. Peiser thought that +the date was the second year of Ashurbânipal, king of +Babylon. This seems rather unlikely, but may, of course, +be true. +</p> + +<p> +In his inaugural dissertation, Dr. Peiser, under the title +of <hi rend='italic'>Jurisprudentiae Babylonicae quae supersunt</hi>, commented +upon and illustrated the above text by numerous examples +of cases, actually occurring during the period of the second +empire. But the whole collection of fragments of law with +which he had to deal was too small to do more than show +what may be hoped for as the result of future discoveries. +</p> + +<p> +As specimens of these laws we may take the following: +</p> + +<note place='margin'>Agent not able to recover without power of attorney</note> +<quote rend='display'> +<p> +Law A. [Col. II. 4-14.] +</p> + +<p> +The man who has sealed a tablet, by the name of another, in +favor of an owner of a field, or has sealed a bond, and has not +caused to be executed a deed giving him power of attorney, or has +not taken a duplicate of such a tablet [cannot take possession]; the +man, in whose name the tablet, or bond, is written, shall take that +field, or house. +</p> +</quote> + +<pb n='070'/><anchor id='Pg070'/> + +<p> +If a man acted as buyer, or lender, for another, he incurred +liabilities, for which he could not indemnify himself, unless +he had secured from his principal a deed empowering him +so to act. But, if without such power of attorney, A had +acted for B, and bought a house, or field, of C, and had +the conveyance made out to B, of course paying C; or had +lent money to C, in the name of B; and the transaction +had been completed, by sealing the deed of sale or bond; +then B was the owner of the field, or house, or the creditor +for the loan. A could not plead that he was the real owner, +even if he had not been able to recover the purchase-money +or loan from B, in whose name he had made it. B, whose +name appeared in the deed or in the bond, was the rightful +owner. +</p> + +<note place='margin'>Responsibility of one who sells</note> +<quote rend='display'> +<p> +Law B. [Col. II. 15-23.] +</p> + +<p> +The man, who has sold a female slave and has had an objection +made concerning her, shall take her back. The seller shall give to +the buyer the price named in the deed of sale, to its exact amount, +and shall pay half a shekel of silver for each of the children born to +her. +</p> +</quote> + +<p> +How long after sale objection could be raised is not +stated. In early times a month was allowed for fever to +develop; in Assyrian contracts a hundred days were allowed +for fever or seizure. But a <foreign rend='italic'>sartu</foreign>, +or <q>vice,</q> could be +pleaded, at any time, as ground for returning the slave. +Here it is clear that time was allowed for a slave to bear one +or more children, before the repudiation lost effect. It is +noteworthy that the seller had to buy back such children. +The maid may have been bought to bear her master children, +and if these were not sound, the master had ground for +complaint and could not be held responsible for them. Also +it was objectionable to separate mother and children. The +price named is trifling. Compare § 278 of the Code, where, +however, no mention is made of the children of a maid. +</p> + +<pb n='071'/><anchor id='Pg071'/> + +<p> +The next law is unintelligible at present, owing to the +<foreign rend='italic'>lacunae</foreign>, and doubtful readings of the text, which, +moreover, is only given in transcription. It appears to concern +a woman and her interests in a field or plantation and the +trees in it, and its produce. +</p> + +<note place='margin'>Permanent settlements at marriage between +father of bride and the bridegroom</note> +<quote rend='display'> +<p> +Law C. [Col. III. 3-15.] +</p> + +<p> +A man has given his daughter to a freeborn man and the father +has fixed something in a deed and given to his son, and the first-named +has fixed a marriage-portion for his daughter and they have +mutually executed deeds of settlement. They shall not alter their +deeds. The father shall give in full the settlement +(<foreign rend='italic'>nuṣurru</foreign>), which +he had promised his son by deed, to the father-in-law, and deliver it. +</p> +</quote> + +<p> +The father here named appears to be the father of the +bridegroom. He must make a settlement on his son, as +well as the father of the bride on his daughter. The point +of the law seems to be that these settlements on the part of +the parents to the young couple are irrevocable. No subsequent +engagements entered into can affect them. This settlement +by the bridegroom's father on his son, which he has +to pay over to the bride's father, evidently takes the place +of the <foreign rend='italic'>terḫatu</foreign>, +or <q>bride-price</q> of the Code. The obligation +of a father to find his son the means for a bride-price appears +in the Code, § 166; but there is no section which +answers directly to this law. The marriage-portion is now +<foreign rend='italic'>nudunnu</foreign>, +in the Code it was <foreign rend='italic'>šeriktu</foreign>, +while <foreign rend='italic'>nudunnu</foreign> was the +husband's gift to the wife. +</p> + +<note place='margin'>Inheritance rights of children of second marriage</note> +<quote rend='display'> +<p> +Law D. [Col. III. 16-22.] +</p> + +<p> +When the father [of the bridegroom] has had his wife taken away +by fate, has taken to himself a second wife, and she has borne him +sons, the sons of the second wife shall take a third of his property +remaining. +</p> +</quote> + +<p> +This appears as part of the same section as Law C, and +is enacted again in Law K, page 69. It is not easy to see +why it is here, except to make plain that settlements on +<pb n='072'/><anchor id='Pg072'/> +marriages of the sons of the first family are a first charge on +the father's property. The second family takes a third, not +of all the father once had, but of what is left after these +gifts by deed have been taken out. The married sons of +the first family are not disinherited by virtue of these gifts, +but take among them two-thirds of what is left. This +is against the Code, § 167. +</p> + +<note place='margin'>Procedure in case the father-in-law is unable +to carry out his promise of dowry</note> +<quote rend='display'> +<p> +Law E. [Col. III. 23-31.] +</p> + +<p> +A man who has promised a marriage-portion to his daughter, or +has written her a deed of gift, and afterward his means have diminished, +shall give to his daughter a marriage-portion according to his +means that are left. Father-in-law and son-in-law shall not quarrel +one with the other. +</p> +</quote> + +<p> +Dr. Peiser has shown that the marriage-portion was often +held back a long time. Suits were brought to recover it +from fathers-in-law. There is no corresponding section in +the Code. +</p> + +<note place='margin'>Marriage-portion of childless wife</note> +<quote rend='display'> +<p> +Law F. [Col. III. 32-37.] +</p> + +<p> +A man has given a marriage-portion to his daughter and she has +neither son nor daughter and fate has carried her off; her marriage-portion +returns to her father's house. +</p> +</quote> + +<p> +Exactly as in the Code, § 163. +</p> + +<p> +The first seven lines of Col. IV. are too fragmentary to +give a connected sense, but are still concerned with the marriage-portion. +</p> + +<note place='margin'>Rights of inheritance of a childless widow</note> +<quote rend='display'> +<p> +Law G. [Col. IV. 8-24.] +</p> + +<p> +A wife, whose marriage-portion her husband has received, who has +no son or daughter, and fate has carried off her husband, shall be +given from her husband's property the marriage-portion, whatever +that was. If her husband has made her a gift, she shall receive the +gift of her husband with her marriage-portion and take it away. If +she had no marriage-portion, the judge shall estimate the property +of her husband and, according to her husband's means, shall grant her +something. +</p> +</quote> + +<pb n='073'/><anchor id='Pg073'/> + +<p> +It is noteworthy that in the above laws the old usage is +reversed. Now the <foreign rend='italic'>nudunnu</foreign> is the marriage-portion, given +with the bride, and the <foreign rend='italic'>šeriktu</foreign> is the husband's +assignment to the wife. With this alteration the law agrees with the +Code, § 171. But there she has a family. +</p> + +<note place='margin'>The rights of a widow with children in case of re-marriage</note> +<quote rend='display'> +<p> +Law H. [Col. IV. 25-45.] +</p> + +<p> +A man has married a wife and she has borne him children; after +that man has been carried off by fate, and that woman has set her +face to enter the house of another, she shall take the marriage-portion +which she brought from her father's house, and whatever her +husband presented her as a gift, and shall marry the husband of her +choice. As long as she lives, she shall enjoy food and drink from them. +If there be children of this husband, they and the children of the +former husband shall share her marriage-portion. The sisters.... +</p> +</quote> + +<p> +This is practically the same as Code, § 170, but it is differently +arranged and the phrases differ markedly. Note +that the sisters were separately treated. +</p> + +<note place='margin'>Division of the estate of a man twice married</note> +<quote rend='display'> +<p> +Law K. [Col. V. 33-46.] +</p> + +<p> +A man has married a wife and she has borne him children, and +fate has carried off his wife; he has married a second wife and she has +borne him children; after the father has gone to his fate, the children +of the former wife shall take two-thirds of the goods of their +father's house, the children of the second wife shall take one-third. +Their sisters who are dwelling in their father's house.... +</p> +</quote> + +<p> +This must be contrasted with § 167 of the Code. There +all sons share equally. Here the first family take two-thirds. +The sisters were also treated separately. It is clear +that we have to do with a code which preserves many features +of the early times, but has many new features of its +own. It is greatly to be desired that further portions should +be published. +</p> + +</div> + +<pb n='074'/><anchor id='Pg074'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>IV. The Social Organization Of The Ancient Babylonian State</head> + +<p> +<note place='margin'>The three great classes of the population: the +gentry, the common men, and the slaves</note> +The State appears in the light of the Ḥammurabi Code +to have been composed of three great classes, the <foreign rend='italic'>amêlu</foreign>, +the <foreign rend='italic'>muškênu</foreign>, and the +<foreign rend='italic'>ardu</foreign>. To the first class belonged +the king and the chief officers of state, and also the landed +proprietors. Their liabilities for fines and punishments +were higher. Also in their case the old law of <q>eye for +eye, tooth for tooth</q> still held; while others came under a +scale of compensations and damages. This may point to a +racial difference. The ancient laws of Arabia may have +been carried with them by Ḥammurabi's tribal followers, +while the older subject-residents accepted the more commercial +system of fines. The old pride of the Arab tribesman +may have forbidden his taking money as payment for +his damaged eye, or tooth. But the <foreign rend='italic'>muškênu</foreign> was more +<q>humble,</q> as his name denotes, and may well have formed +the bulk of the subject-population. He was a free man, +not a beggar. He was not without considerable means, as +we see from the sections referring to theft from him. He +had slaves,<note place='foot'>§ 15.</note> and seems to have been liable to conscription. +His fees to a doctor or surgeon were less than those paid +by an <foreign rend='italic'>amêlu</foreign>. He paid less to his wife for a +divorce,<note place='foot'>§ 140.</note> and +could assault another poor man more cheaply than could +an <foreign rend='italic'>amêlu</foreign>. There can be no doubt that the +<foreign rend='italic'>amêlu</foreign> was the +<pb n='075'/><anchor id='Pg075'/> +<q>gentleman</q> or <q>nobleman,</q> and the <foreign rend='italic'>muškênu</foreign> +a common man, or poor man. But the exact force of the terms is uncertain. +</p> + +<p> +In process of time <foreign rend='italic'>amêlu</foreign> came to be used, like our +<q>sir,</q> and even <q>esquire,</q> of those who had no special qualifications +for the title. Like the <q>gentleman's gentleman</q> of +the servant's hall, he was only a respectable person. So, even +in the Code, <foreign rend='italic'>amêlu</foreign> usually means no more than +<q>man.</q> It already appears as a mere determinative of personality in +the titles of laborers and artisans,<note place='foot'>§§ 273, 274.</note> when it cannot +stamp them as landed proprietors. But it may mark them as +members of the guilds of craftsmen and recall the respect +due to such. If, however, we press this, we must admit a +guild of day laborers. +</p> + +<p> +There is no suggestion of any legal disability on the part +of a <foreign rend='italic'>muškênu</foreign>; he is merely a person of less +consideration. Whether or not his ranks were recruited from the children +of slaves by free parents is not clear, but it is very probable +that they were. +</p> + +<p> +The slave was at his master's command and, like a child +in his father's house, to some extent a chattel. He could +be pledged for debt, as could a wife or child. He was +subject to the levy,<note place='foot'>§ 16.</note> and his lot was so far unpleasant that +we hear much of runaway slaves. It was penal to harbor +a slave, or to keep one caught as a fugitive.<note place='foot'>§§ 16, 17, 19.</note> Any +injury done to him was paid for, and his master received the +damages.<note place='foot'>§ 199.</note> But he was free to marry a free woman and the +children were free. So a slave-girl was free on her master's +death, if she had borne him children; and the children +were also free. He was subject to mutilation for assaulting +a free man, or repudiating his master.<note place='foot'>§§ 205, 282.</note> But his +master had to pay for his cure, if sick.<note place='foot'>§§ 218, 223.</note> He was +not free to contract, except by deed and bond.<note place='foot'>§ 6.</note> Yet he +and his free wife +<pb n='076'/><anchor id='Pg076'/> +could acquire property, half of which would fall to his +wife and children on his death. +</p> + +<p> +<note place='margin'>The levy-master and the warrant-officer</note> +The Code reveals the existence of a class of men, who +were indeed known from the letters of Ḥammurabi and the +contemporary contracts, but whose functions are not easy +to fix. They were the <foreign rend='italic'>rîd ṣâbî</foreign> +and the <foreign rend='italic'>bâ´iru</foreign>. By their +etymology these titles seemed to mean <q>slave-driver,</q> and +<q>catcher.</q> But the Code sets them in a clearer light. They +were closely connected, if not identical, officials. They had +charge of the levy, the local quota for the army, or for public +works. Hence <q>levy-master</q> and <q>warrant-officer</q> are +suggestive renderings. For the former official, <q>taskmaster,</q> +the one over the gang of forced laborers and reminiscent of +the old time press-gang officers, is a fair translation. <q>Field +cornet</q> would perhaps suit the military side. For some +aspects of their office the ancient <q>reeve</q> may be compared. +Whether the <q>catcher</q> actually was a local policeman, +whose chief duty was to apprehend criminals and reluctant +conscripts, is not yet clear. The same name is used of +<q>fishermen,</q> who were <q>catchers</q> in another sense, and of +hunters. A really satisfactory rendering is impossible, as +we have now no officials whose duties actually correspond +to theirs. +</p> + +<p> +<note place='margin'>Their compensation</note> +Each of these officials held what may be called a benefice, +or perhaps a feoff. It consisted of land, house, and garden, +certain sheep and cattle as stock, and a salary. It was directly +ascribed to the king as benefactor. We may compare the +Norman lords settled in England by the Conqueror, or the +Roman soldier-colonists. The men may well have been the +followers of the first founder of the dynasty. In a very +similar way the Chaldean conqueror, Merodach-baladan II., +long after, settled his Chaldean troops in Babylonia. We may +regard these men as retainers of the king, and probably as +originally foreigners. The benefice was held by them for +<pb n='077'/><anchor id='Pg077'/> +personal service. They were to go <q>on the king's errand</q> +when ordered. It was a penal offence to send a substitute.<note place='foot'>§ 26.</note> +The errand might take them away from home and detain +them a very long time. In such enforced absence the official +might delegate his son to take his place and carry on his +duty.<note place='foot'>§ 28.</note> This implies that there was a local duty besides the +personal service. Further, this needed a grown man to discharge +it.<note place='foot'>§ 29.</note> The <foreign rend='italic'>locum tenens</foreign> +enjoyed the benefice,<note place='foot'>§ 29.</note> with a +reserve of one-third for the wife to bring up the children +of the absent official. An official by neglecting the care +of his benefice ran the risk of forfeiture.<note place='foot'>§ 30.</note> This came +about by his absence giving the <foreign rend='italic'>locum tenens</foreign> opportunity +to acquire a prescriptive right, which he might do in three +years, if he showed himself a more worthy holder. But +this was only if the absentee had been neglectful, and a +one-year tenancy conferred no such right.<note place='foot'>§ 31.</note> +</p> + +<p> +<note place='margin'>The risks of public service</note> +The service on which the official might be engaged was +evidently military and had risks. It is not certain whether +the <foreign rend='italic'>dannatu</foreign><note place='foot'>§ 32.</note> is really a +<q>fortress,</q> or a <q>defeat.</q> The +word has both meanings. It does not really matter. +Either way the official is captured by the enemy of the +king. He was bound to pay for his own ransom, if he had +the means; or if not, his town must ransom him and, failing +that, the state. But he could not raise money on his +benefice. Moreover, while it could descend to his son, it +was inalienable. No diminution by bequest to his female +relatives, no sale of part of it, no mortgage on it, nor even +its exchange for other like estate, was allowed. +</p> + +<p> +Further, the official and his benefice were protected. He +could not be hired out by his superior officers, nor in any +way plundered or oppressed. He held tax free, subject +only to his feudal duty. +</p> + +<p> +<note place='margin'>The tributary</note> +In some cases the tributary there is associated with these +<pb n='078'/><anchor id='Pg078'/> +two officials. No duty is set down for him, beyond that +implied in his name of paying a tribute. It is not clear +that all land was held on one or the other scheme, but it is +so in parts of the East still. Some land is held by personal +service, some on payment of a tax. This tax later became +the tithe. The personal service was later compounded for +by furnishing a soldier or two for the army. The liability +to serve in the levy continued to be borne by slaves and the +lower classes. +</p> + +<p> +<note place='margin'>All land subject to royal taxation</note> +That all land did owe either personal service, or tax, is +probably to be deduced from § 40, where we read that +though a levy-master, warrant-officer, or tributary could +alienate nothing of their holdings, other land-owners could +do so. But they did so subject to the buyer taking over +the duty, or service, of the land so transferred. One of the +classes here named, the votary, appears subject to service +elsewhere. The votary of Marduk is expressly exempt +from this service.<note place='foot'>§ 183.</note> The merchant, who represents another +class, appears very often to have been a foreigner, only +temporarily resident in the country. +</p> + +<p> +<note place='margin'>The votaries</note> +The votary was already known to us from the contracts, +but there was little to fix her functions. As seen in the +Code, she was a highly favored person. Vowed to God, +usually to Shamash at Sippara, or Marduk at Babylon, +there seems little to connect her with the prostitute-votaries +of Ishtar at Erech. She ordinarily lived in the convent, or +<q>bride-house</q> of Shamash. She was given a portion, +exactly like a bride, on taking her vow and becoming the +<q>bride</q> of Shamash. But her property did not go to the +convent. At her father's death, with her consent, her estate +might be administered by her brothers, or she could +farm it out. At any rate, she was provided for during +her lifetime. But at her death, unless her father had specially +given her power to bequeath it, her property went +<pb n='079'/><anchor id='Pg079'/> +back to her family. She was not, however, doomed to +spend all her days in the convent. She could leave it and +even marry. But she was expected to maintain a high +standard of respectability. For her to open a beer-shop or +even enter one for drink was punished by burning. She +remained a virgin, even if married. She could have no +children and must provide her husband with a maid, if he +wished to have a family. But she was carefully guarded +from any reproach as childless. She ranks as a married +woman, even if unmarried, and is protected from slander. +Many noble ladies, and even kings' daughters, were votaries.<note place='foot'>For +fuller information and references, see A. J. S. L., XIX., pp. 98 ff.</note> +</p> + +<p> +<note place='margin'>The merchant</note> +The merchant continually appears. Some passages suggest +that he was a state official. But this is really pressing +far the interest which the state took in him. He was, +doubtless, like the Jew of the Middle Ages, a valuable asset +to the king. He seems to have been the usual moneylender, +so much so that in many places <q>merchant</q> and +<q>creditor</q> are interchangeable. A man is usually said to +borrow of <q>his merchant,</q> as we say <q>of his banker.</q> +Doubtless, the king also borrowed from him. It is certain that +the Code was very lenient to him. But the merchant also +did business in the way of ordinary trade. As a capitalist +he sent out his travellers and agents with goods far and +wide, even into domains where the king's authority did not +reach. Much of the Code is occupied with regulating the +relations between the merchant and his agent. The agency +was that form of <hi rend='italic'>commenda</hi> which is so characteristic of the +East at the present. The agent takes stock or money +of his principal, signs for it, agrees to pay so much profit, +and goes off to seek a market, making what profit he can. +There is much to suggest that the merchant was not usually +a Babylonian. In later times, the Arameans were the +chief merchants, and travelled all over Mesopotamia, Palestine, +Syria, and into Asia Minor. +</p> + +</div> + +<pb n='080'/><anchor id='Pg080'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>V. Judges, Law-Courts, And Legal Processes</head> + +<p> +<note place='margin'>Antiquity of the judicial organization</note> +Partly because specific references to judges and legal +processes are not necessarily to be expected in historical inscriptions, +and partly because we do not really know which +are the earliest monuments of the race, it is impossible +to decide when law-courts first came into existence. It is +generally admitted, however, that the stele of Manistusu +is one of the earliest known monuments. There we read +of Galzu, a judge. There also we find many of the officials, +who later acted as judges upon occasion. Hence it may +fairly be said that judges were to be found in ancient +Babylonia from time immemorial. They must have decided +what was right when there was no written law to +which to appeal. With the judges were associated as assessors +the elders of the city. This was so marked a feature, +that in some cases we read, that after hearing the complaint +the judge <q>assembled the city</q> to hear the case. In Babylonia +the maxim, <foreign rend='italic'>littera scripta manet</foreign>, was so well understood +that hardly anything of importance was done without +committing it to writing. Hence we are as well informed +about domestic affairs in Babylonia as about those of +Europe in the Middle Ages. +</p> + +<p> +<note place='margin'>Sources of our knowledge of early legal procedure</note> +It seems best to consider legal usages first, because they +are essential to the understanding of all others. When +we have a simple contract between two parties we do not +at once see where the reference to the law comes in. But +<pb n='081'/><anchor id='Pg081'/> +the contract was not valid unless sealed and witnessed. +The sealing was accompanied by an oath. The oath probably +had to be made in court. The witnesses seem often +to have been a body of men who could only be found at +the court. Even when there is least trace of the law and +the judge, the case is similar to others where the judge appears +explicitly. It is also worthy of remark that, partly +owing to our possession of the Code and partly owing to +the fuller nature of the legal decisions, we know far more +of this subject, as of many others, in the early periods than +in the later. Hence the discussion of early legal usage is +unusually full. When the evidence from later times merely +supports this, it will not be noticed. Only divergences +are worthy of record. As a rule, the procedure changes +very little for many centuries. +</p> + +<p> +<note place='margin'>Judges not often mentioned</note> +1. <hi rend='bold'>Judges.</hi> The references to judges are less numerous +than one would expect in the Code. But it seems probable +that the sentences there laid down had to be pronounced +by the judge, if not carried out by him. We are, +however, still in complete ignorance as to the machinery of +police administration. We may argue from analogy in +other countries and ages, but this is not a theoretical treatise +on comparative sociology. We must content ourselves with +direct evidence. +</p> + +<p> +<note place='margin'>Their varied duties</note> +Some sections deal explicitly with the duties of a judge. +Thus,<note place='foot'>§ 5.</note> if a judge had given a judgment, decided the case, +and embodied it in a legal decision, he was subjected to +severe penalties for afterwards revoking his decision. If +he had inflicted a penalty, he had now to repay it twelvefold +to him from whom it was exacted. Further he was to +be publicly deposed from his office, expelled from his seat +of judgment, <foreign rend='italic'>kussû daianûtišu</foreign>, and no longer be permitted +to sit with the judges. It is, of course, assumed that when +<pb n='082'/><anchor id='Pg082'/> +he was called to account he could not justify his former +judgment, or else could not justify the change. But, as +the law reads, it seems simply calculated to render a judgment, +once pronounced, irrevocable,—at any rate, for that +judge. Probably its revocation, in the case of injustice, +was provided for by the right of appeal. +</p> + +<p> +He had to consider the words of the witnesses, <foreign rend='italic'>amâtišunu +amâru</foreign>, literally, <q>to see their words,</q> perhaps implying that +the depositions were written, but there are instances where +<foreign rend='italic'>amâru</foreign> simply means <q>to +consider.</q><note place='foot'>§ 9.</note> +</p> + +<p> +In a criminal case, where a man had to produce witnesses +to save his life from a death-sentence, the judge +might grant him six months' grace in which to produce his +witnesses.<note place='foot'>§ 13.</note> In later times we have many examples of +such a stay of process that evidence might be produced.<note place='foot'>§ 169.</note> +</p> + +<p> +<note place='margin'>Special directions to judges</note> +Special directions are also given to a judge as to his procedure, +when a father was minded to disinherit his son; +or, when a widow with a young family wished to marry +again.<note place='foot'>§ 177.</note> A slanderer was summoned before the +judge,<note place='foot'>§ 127.</note> a +son could not be cut off without referring the case to a +judge,<note place='foot'>§ 168.</note> the children who wished to turn their widowed +mother out of her house had to appear before a judge.<note place='foot'>§ 172.</note> +</p> + +<p> +<note place='margin'>Position, rank, and qualifications</note> +For the most part judges constituted a distinct profession, +but it must not be understood that they had no other +means of livelihood. Indeed, there is no hint anywhere +that they received any remuneration for their services. But +it was a high honor and by no means subsidiary to another +office. Among those who officiated as judges we find most +of the higher officials. Doubtless the king himself acted +as judge on occasions, and probably no great official of +the realm was wholly free from the call to act in a judicial +capacity. But, as a rule, the judge is simply noted as +<q>judge.</q> That the priests were judges is quite unproved. +<pb n='083'/><anchor id='Pg083'/> +The judges were men of great importance and high rank, +but there is nothing to show that they were priests. An +age qualification is more likely. +</p> + +<p> +<note place='margin'>Method of appointment</note> +The judge was a professional man. We often find a man, +bearing the title <q>judge,</q> acting as party to a suit, or witness +to a deed, when he is certainly not acting in his judicial +capacity. To a certain extent he was a territorial officer, +had his own district for jurisdiction, and was jealous +of cases being taken elsewhere. How the ranks of the +judges were filled we do not know, but there is a hint of +royal appointment in the phrase, <q>the king's judges.</q> On +the other hand, there is clear evidence of the office being +hereditary. Thus, Ibik-Anunîtum had no less than three +sons, Idin-Ishtar, Marduk-mushallim, and Nannar-idinnam, +all judges. Whether a right to the office descended in the +female line is not quite clear, but we find a lady, Ishtar-ummu, +among the judges, on occasion. She was also the +scribe.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 327.</note> +</p> + +<p> +<note place='margin'>The chief-justice</note> +Though many high officials acted as judges, and so doing +are named before the simple <q>judge,</q> there is no evidence +of the existence of any <q>chief judge.</q> The order of names +appears to be that of seniority alone. This may be due to +the nature of our documents. The phrase-books name a +<q>chief judge</q> for Sumerian times. In the later Assyrian +period the chief-justice was called <foreign rend='italic'>sartênu</foreign>, evidently +because he fixed the <foreign rend='italic'>sartu</foreign>, or fine, on the condemned +party. Then also many high officials acted as judges.<note place='foot'>A. D. D. § +567.</note> +</p> + +<p> +<note place='margin'>The scribes</note> +2. <hi rend='bold'>Scribes.</hi>—The scribe exercised his craft as a profession. +One often meets with a scribe, <foreign rend='italic'>tupšarru</foreign>, acting in a +private capacity, as party to a suit, or as witness. He retains +the title even when the deed is drawn up by another writer. +The class was very numerous. Almost every document is +drawn up by a fresh scribe, so far as the scribe's name is +<pb n='084'/><anchor id='Pg084'/> +recorded, for he often omits his title. Generally he is the +last of the witnesses, but not always so. +</p> + +<p> +<note place='margin'>Their duties</note> +He wrote the whole of the document, including the +names of the witnesses. There is no evidence that anyone +else ever wrote a word on the document. As a rule, even +when the names of the fathers of the witnesses are given, +the scribe is content to write only his title after his name. +Hence we have no evidence whether the office was hereditary +or not. +</p> + +<p> +<note place='margin'>Female scribes</note> +Women certainly were scribes. Out of a total of ninety +names of scribes known, at least ten were women. Here a +difficulty arises from the way in which women's names occur. +At this period proper names are usually written without +the determinative which marks sex. Nor do the names +decide, for both men and women bore the same name. +Thus Taribatum is the name of two men and also of two +women. Only when the title <foreign rend='italic'>tupšarru</foreign> is given, is the +feminine determinative prefixed to that. We have, however, +ten clear examples. +</p> + +<p> +In the later times the scribe usually was a man, but female +scribes are known.<note place='foot'>A. D. D., 827, 2.</note> The Aramaic scribe is often +named, also the Egyptian. The scribe usually <q>held</q> the agreement, +which probably means that the parties were willing +to leave it in his safe-keeping. +</p> + +<p> +<note place='margin'>The scribe not a judge</note> +The scribe was not a judge. It may be true that he +sometimes acted as judge or became one, but then the +higher office overshadowed the lower. He was no longer +scribe but judge. A judge may sometimes have written +down his legal decision and so acted as scribe, but we have +no evidence of such a case. The judge seems never to have +dispensed with the services of the scribe. +</p> + +<p> +<note place='margin'>The scribe not a priest</note> +The scribe was not a priest. There is no evidence whatever +that either priests were all scribes, or could all write, +<pb n='085'/><anchor id='Pg085'/> +or that scribes were necessarily priests. As a matter of fact, +the same man may have acted both as scribe and priest. +But the offices are distinct and no one man ever bears both +titles. That in later times the <foreign rend='italic'>amêlu</foreign> RID, whose title +can be read <foreign rend='italic'>šangû</foreign>, usually acts as scribe is due to the +peculiar nature of the documents. These concern transactions in +which the property of the temple, or of its officials, was in +question, and one of the college of priests attached to that +temple was charged with the duty of notary where temple +interests were concerned. One might as well say that +every clerk in the Middle Ages was a priest, because all +the deeds of the monastery with which we were dealing +were drawn up by Brother A, whose name was entered in +some monastery list of the brethren as a priest. Whether +the scribes were clerics, and always attached to some temple, +in minor orders, is not clear. On the whole, the evidence +is against this conclusion. +</p> + +<p> +<note place='margin'>The witnesses</note> +3. <hi rend='bold'>Witnesses.</hi>—The word used to designate a witness is +<foreign rend='italic'>šîbu</foreign>, which denotes those who are <q>gray-headed,</q> +but it is not certain that it can have no other meaning. It may +mean those who were <q>present.</q> In actual use we can +distinguish three classes of persons to whom the term +<q>witness</q> can be applied. +</p> + +<p> +<note place='margin'>The elders of a city</note> +First we have the elders, the <foreign rend='italic'>šîbu</foreign>, of a +city.<note place='foot'>M. A. P., 80, B<hi rend='vertical-align: super'>1</hi> +199, B<hi rend='vertical-align: super'>2</hi> 2458.</note> Possibly +the Kar-sippar, by which some men swore, or in presence +of which a contract was drawn up, were these elders of +Sippar. They formed the <foreign rend='italic'>puḫru</foreign>, or <q>assembly,</q> in +whose presence a man was scourged,<note place='foot'>§ 202.</note> from which a +prevaricating judge was expelled.<note place='foot'>§ 5.</note> They may have been +nominated, or at least approved, by the king; for we read of +<foreign rend='italic'>šîbê šarri</foreign>. They were not exclusively men, for we have +<foreign rend='italic'>šîbê û +šîbatu</foreign>.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2182.</note> +The recurrence of the same names, at the same dates, indicates +that a body of official witnesses were held in readiness +<pb n='086'/><anchor id='Pg086'/> +to act on such occasions. Many of them were temple +officials, or members of the guild of Shamash votaries. +</p> + +<p> +<note place='margin'>Their jury duties</note> +Sometimes they are associated with the judges in such a +way as to show that they were assessors.<note place='foot'>M. A. P., 80.</note> They +included judges sometimes, at any rate <q>this witness</q> is attached to a +list of names which included a <foreign rend='italic'>nâgiru</foreign> of Babylon, a +judge, and other high +officials.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 824, 838.</note> +In the time of Nûr-Adadi they sent a case before the king.<note place='foot'>B 34.</note> +They actually gave judgment.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +99.</note> We may regard them as a jury, especially a grand +jury, qualified by their own knowledge to understand the +rights of the case and to judge of evidence. The judge +gave the sentence. +</p> + +<p> +<note place='margin'>Trial witnesses</note> +Secondly, we may distinguish the witnesses examined on +oath. It is not clear that these were called by the same +name. In the Code we read of <foreign rend='italic'>šîbi mûdi</foreign>, <q>the witnesses +that know,</q> who seem to resemble very closely the Greek +<foreign lang='el' rend='italic'>Histores</foreign>. +These, of course, were usually not on the jury. They +testified, and were chosen by the parties to the suit. But +the judge might examine persons who, in his opinion, +would know. He selected and sent for them, directing the +parties whom to produce. He might even adjourn the case +for the production of witnesses.<note place='foot'>§ 13.</note> +</p> + +<p> +<note place='margin'>Witnesses to deeds</note> +Thirdly, we may distinguish the witnesses to a document. +Very often we can discern that these had an interest in the +case. They might be relatives of the parties, neighbors of +the estate in question, officials whose rights were concerned. +In later times they received the special name of <foreign rend='italic'>mukinnu</foreign>, +<q>the establishers.</q> They may be presumed to have known +at least the general purport of the deed which they witnessed. +When the deed was called in question, they would +be cited to state what they knew. In the case of legal decisions, +both judges and jury occur as witnesses in this +sense. Hence, in a great many cases the distinctions drawn +<pb n='087'/><anchor id='Pg087'/> +above do not hold. Whether the term <foreign rend='italic'>šîbu</foreign> was ever applied +to the third class is doubtful. Their names are usually +preceded by the sign which means <q>before,</q> however +it was read. +</p> + +<p> +<note place='margin'>Settlements out of court</note> +4. <hi rend='bold'>Cases of dispute settled out of court.</hi>—When parties +disagreed, they might discuss their difference between +themselves and arrive at an agreement. Then they procured +a scribe, who embodied the agreement in a binding +compact, <foreign rend='italic'>duppu lâ ragâmi</foreign>. This took the form of a +contract, the parties mutually undertaking not to withdraw +from the agreement, re-open the dispute, or bring legal +action, one against the other. To give sanction to this +agreement, they swore by the gods and the king. Witnesses +were called upon to be cognizant of and attest the +contract; and their names were added to the contract. To +authenticate their names both parties and witnesses often +impressed their seals or, in default of seals, made a nail-mark. +The date was then added. Each party seems to have taken +a copy of the agreement and the scribe held a third, or deposited +it in the archives. Such cases may be said to have +been settled <q>out of court.</q> At any rate they contain no +reference to a judge, or court. But it is possible that the +administration of the oath was a judicial, or perhaps a sacerdotal +function. Further, the witnesses may have been +drawn from a body of men held in readiness at court to +perform that function. It is certain in some cases, that +agreements arrived at independently were taken to a judge +for confirmation,<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 38, +B<hi rend='vertical-align: super'>2</hi> 838.</note> and the Code expressly directs some +cases to be taken to a judge. But it is probable that many cases +were settled by mutual agreement. +</p> + +<p> +<note place='margin'>Recourse to a judge</note> +When the intervention of a judge was deemed essential, +one of the parties <q>complained.</q> The word really means +to <q>cry out,</q> <q>protest</q>; but it is used in the freest way as +<pb n='088'/><anchor id='Pg088'/> +equivalent to bringing the action. There is no evidence that +anyone then submitted to wrong <q>under protest.</q> Whether +the people were naturally litigious, or simply because access +to the courts was so easy, a protest usually involved a suit. +</p> + +<p> +<note place='margin'>The advocate</note> +The plea was made by the principals to the suit. There +is no mention of an advocate, or solicitor. But the verb +generally used of the plea <foreign rend='italic'>ragâmu</foreign>, +gives rise to <foreign rend='italic'>targumânu</foreign>, +the original of the modern dragoman. He usually appears +in later texts as the <q>interpreter,</q> but may originally have +been the <q>advocate.</q> At any rate, in the bilingual days +he might well have combined the offices. Another verb +common at this period, <foreign rend='italic'>pakâru</foreign>, +gave rise to <foreign rend='italic'>pâkirânu</foreign>, later +the usual word for <q>plaintiff,</q> or <q>claimant.</q> +</p> + +<p> +<note place='margin'>The plaintiff in the reports</note> +Here may be noted a peculiarity of the scribe's conception +of the case. It will be found that, as he puts the case, the +plaintiff generally loses. This is because the scribe will not +prejudge the case by saying who was right. He writes <q>A +claimed the property of B.</q> In actual fact it may have +been that B laid claim to what he proved was his. But +that excludes the scribe from saying that B claimed the +property of A, because it never was A's. Hence, writing +after the event, he ascribes the property to the rightful +owner from the start of his document, and regards the +wrongful holder as laying claim to it. Hence, we must not +assume that the parties were not both claimants. In fact, +both parties agreed, as a rule, so far as to submit their case +to a judge. This is clear from the statements which follow +the statement of the cause of dispute. Both parties <q>went +to the judges,</q> or rather quaintly, <q>they captured a judge.</q> +The preliminary discussion between the parties resulted in +agreement to submit the case to a judge. Both were willing +to abide by the decision. Once, it is true, the plaintiff is +said to have caught the defendant;<note place='foot'>M. A. P., 79.</note> +but there is no evidence +<pb n='089'/><anchor id='Pg089'/> +of unwillingness to submit. So too, when the parties +are said to <q>receive a judge,</q> they evidently both +sought him. +</p> + +<p> +<note place='margin'>Summons before the judge</note> +Sometimes affairs did not go so smoothly. One party +had to act and bring the other before the judges<note place='foot'>M. A. P., 100, +B<hi rend='vertical-align: super'>1</hi> 294.</note> or +<q>caused them to come before the judge.</q> +</p> + +<p> +There are indications that the judges sometimes had to +summon a party before them, or as the scribe puts it, +<q>bring him before the other party.</q> This is also expressed +by the judges <q>sending up</q> a party.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 272.</note> +</p> + +<p> +<note place='margin'>Appeals</note> +There is considerable evidence that cases might be sent +before the judges by a higher party, the king himself. +These cases were probably on the suit of a plaintiff. In the +letters of the First Dynasty we have examples of the king +sending to the local judges his own decision on the case, +which they had to carry out; or in other cases he simply +sent the case for trial.<note place='foot'>King, <hi rend='italic'>Letters +of Ḥammurabi</hi>, p. xxxix f.</note> +</p> + +<p> +<note place='margin'>Various places for holding a court</note> +The parties, having found a judge and obtained a day for +hearing, <q>entered,</q> or <q>went down to,</q> the great temple of +Shamash, at Sippara, called Ebabbarim.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 360.</note> There, as we +know, Ḥammurabi set up one of the copies of the Code. +The case was heard sometimes at the <q>old gate.</q><note +place='foot'>B<hi rend='vertical-align: super'>1</hi> 711.</note> At +Babylon, the parties were taken to the temple of Merodach, +Esagila.<note place='foot'>M. A. P., 100.</note> At Larsa, the <q>gate</q> of +<hi rend='italic'>NIN-MAR-KI</hi>, or the +temple of Sin, might be chosen.<note place='foot'>B 57, 73.</note> The temple of Ishhara +is also named.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 279.</note> +</p> + +<p> +<note place='margin'>Legal procedure</note> +5. <hi rend='bold'>Procedure.</hi>—We have only scattered hints regarding +legal procedure. The Code says that the judges <q>saw +the pleas.</q><note place='foot'>§ 9.</note> The scribe uses the same +expression.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2444 A.</note> As +a rule, he records the plaintiff's statement of claim first. +Then he records a counter-statement. There is a strong +<pb n='090'/><anchor id='Pg090'/> +suggestion that he quotes from written documents. The +judges read these, or heard the verbal statements. +</p> + +<p> +<note place='margin'>The deity the theoretical source of all judicial authority</note> +As part of the legal process, the object in dispute, or, at +any rate, the deeds relating to it, were brought into court, +and resigned into the hands of the god.<note place='foot'>M. A. +P., 79, 105.</note> He was to discern +the rightful owner and restore the object to him. +Hence the decision was <q>the judgment of Shamash in the +house of Shamash,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2463.</note> the judgment of the house of Shamash.</q><note +place='foot'>B<hi rend='vertical-align: super'>2</hi> 327.</note> +So the defendant was said <q>to make his account +before Shamash.</q><note place='foot'>B<hi rend='vertical-align: super'>2</hi> +301.</note> In bringing a suit the parties <q>sought +the altar of Shamash.</q><note place='foot'>B<hi rend='vertical-align: super'>2</hi> +272.</note> In case of loss or damage, the +claimant recounted it <q>before god.</q> +</p> + +<p> +<note place='margin'>Summoning witnesses</note> +In confirmation of the statements alleged witnesses might +be called for, who were put on oath before god and the +king. They were supposed to know the object claimed and +whose it was,<note place='foot'>§§ 122, 123.</note> or to +know that a transaction had taken place.<note place='foot'>§ 13.</note> +</p> + +<p> +<note place='margin'>Bribing witnesses</note> +Tampering with witnesses, or with a jury, was penalized +by the Code.<note place='foot'>§§ 3, 4.</note> The judges +might refuse to accept the witness,<note place='foot'>B<hi rend='vertical-align: +super'>1</hi> 160.</note> and then might decide the case on the sworn deposition +of the plaintiff. +</p> + +<p> +<note place='margin'>Different kinds of testimony</note> +Documentary evidence might be demanded. The judges +might decide to take the evidence of their own senses and +go to see an estate or a house in dispute.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2182.</note> Or they might +determine that it was a case for the accused to purge himself, +which he did by oath.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2181.</note> +</p> + +<p> +<note place='margin'>Rendering the decision</note> +Having thus informed themselves of the rights of the +case the judges proceeded to pronounce a decision, <q>they +caused them to receive judgment.</q> This phrase nearly +always occurs in the legal decisions. The decision might +be called <q>the judgment of the particular judge,</q> for +example, <foreign rend='italic'>dîn Išarlim</foreign>, <q>Israel's +judgment.</q><note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2474.</note> +The sentence +<pb n='091'/><anchor id='Pg091'/> +is sometimes stated in the words of the judges themselves, +introduced by <foreign rend='italic'>ikbu</foreign>, <q>they +said.</q><note place='foot'> B<hi rend='vertical-align: super'>2</hi> +2458.</note> Thus we read <q>the tablet which A granted to B is good, they +said.</q><note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2516.</note> +</p> + +<p> +<note place='margin'>The collection of damages</note> +If one party was in the wrong, the judges <q>laid the wrong +on him,</q><note place='foot'>B<hi rend='vertical-align: super'>2</hi> +387.</note> or <q>put him in the wrong.</q><note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2182.</note> When the suit was +to recover a debt, or find compensation, the judges might +name a sum which they paid over to the proper +person.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2458.</note> +This was damages, not a fine. +</p> + +<p> +<note place='margin'>Breaking a contract-tablet</note> +A ceremony which often took place on the annulment of +a former agreement, or cancelling of a deed was the breaking +of the tablet embodying the former contract. The +same ceremony took place on repayment of a debt, or on +dissolution of a partnership, apparently without recourse +to judges. This was ordered by the Code in case of purchases +of property which it was illegal to sell or buy, such +as the benefice of a reeve or runner.<note place='foot'>§ 37.</note> So when an adopted +child had failed to carry out the bond to nourish and care +for the adoptive parent, the deed of adoption was formally +broken by the judges.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +586, 2177 A.</note> +</p> + +<p> +For later times we have little evidence. What there is +was collected by Kohler-Peiser,<note place='foot'>A. B. R. +<hi rend='italic'>passim.</hi></note> and agrees in general with +the above. +</p> + +<p> +<note place='margin'>The legal decision</note> +6. <hi rend='bold'>The decision.</hi>—In these ways the judges <q>quieted the +strife,</q> <q>composed the complaint.</q><note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 327.</note> It was the standard +conception of a legal decision that it should be irrevocable. +The Code enacts the deprivation and deposition of a judge +for revoking his judgment.<note place='foot'>§ 5.</note> The legal decisions lay down +the stipulation that the losing party shall not <q>turn back,</q> +shall not <q>complain.</q> These phrases nearly always occur, +as they do also in contracts. To insure compliance with the +decision the judges again exacted an oath. Whether both +parties swore, or only the losers, is not clear. The statement +<pb n='092'/><anchor id='Pg092'/> +usually is <q>they swore,</q> without mention of the persons +who did so. +</p> + +<p> +<note place='margin'>Documentary form</note> +The decision, being complete, was embodied in a document +drawn up by the scribe, regularly witnessed, often +by the judges, and sealed. Thus it was that the judges +granted him an irrevocable tablet.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 387.</note> These irrevocable +tablets, practically imperishable also, have now come after +thousands of years, to tell their tale. +</p> + +<p> +<note place='margin'>Administration of oaths</note> +7. <hi rend='bold'>Administration of the oath.</hi>—The ceremony of swearing +to the truth of evidence, or the terms of a compact, is continually +mentioned. The exact form of words used in taking +the oath is not certain; but in actual suits, in the law-court +procedure, the judges administered an oath to both +parties and witnesses. In the Code oaths were admitted +for purgation of alleged crime,<note place='foot'>§§ 20, 131, +227, 266.</note> as evidence of loss, deposit, +injury;<note place='foot'>§§ 23, 103, 120, 126, 206, +240, 249.</note> and the reception of a sworn deposition is +recorded.<note place='foot'>§ 9.</note> References to oaths continually occur in the +contracts. +</p> + +<p> +<note place='margin'>Form of the oath</note> +The judges <q>gave them to the oath before Shamash and +Adad,</q><note place='foot'>B<hi rend='vertical-align: super'>1</hi> +160.</note> or, more briefly, <q>gave him to the oath of god.</q><note +place='foot'>B<hi rend='vertical-align: super'>1</hi> 188.</note> +The name of the god by whom men swore is usually given. +As might be expected, the god who figured most prominently +in the Code was Shamash, the chief deity of Sippara, +often associated with his consort, Aia, or Malkatu. Sometimes +the oath was <q>by the king.</q><note place='foot'>B<hi +rend='vertical-align: super'>1</hi> 295.</note> Often one or more gods +and the king are named together. When Babylon became +supreme it was usual to swear by Marduk and the local +gods as well. The significance of these oaths for historical +purposes is great, both as indicating political relationships, +and as often affording by the name of the king the +only clew to the date of the document. Mr. King, in his +<pb n='093'/><anchor id='Pg093'/> +edition of the Chronicle,<note place='foot'><hi rend='italic'>Letters of +Ḥammurabi</hi>, pp. 212-54.</note> and Dr. Lindl,<note place='foot'>B. A. S., +iv., p. 338 f.</note> have made skilful +use of these oaths in determining chronology. +</p> + +<p> +<note place='margin'>The place where it was administered</note> +The administration of the oath took place before the +censer of Shamash<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +199.</note> or at the shrine, <foreign rend='italic'>Šašaru</foreign>, of +Shamash,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2178 A.</note> +in Sippara; or before the emblematic dragon sculptured +on the doors of the Marduk temple at Babylon.<note place='foot'>B<hi +rend='vertical-align: super'>2</hi> 2182.</note> Other +places are named which we are not yet able to identify. +A kind of magical conjuration appears sometimes to have +been employed,<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +199.</note> which is not yet understood. +</p> + +<p> +<note place='margin'>Its purport</note> +The purport of the oath was, not to give false evidence, +or, in the case of contracts, not to alter the stipulated agreements. +It is often followed by the words, <q>whoever shall +alter or dispute the words of this tablet,</q> evidently a quotation +of the words of the oath; but the consequence of so +doing is not given. Either it was too well known, or too +awful, for the scribe to write it down. +</p> + +<p> +<note place='margin'>Its gradual decrease in importance</note> +In Assyrian times the oath did not play such an important +part. Still, it was in use occasionally. The oath is +generally found in documents of the grand style, such as +royal charters. Oaths also are of interest for the pantheon +of Assyria.<note place='foot'>A. D. D., § 604.</note> A common way of expressing the same +thing was to call on a god to be judge of the case, as for +example, <q>Shamash be judge,</q> or <q>Shamash be advocate,</q> +that is, <q>take up the case.</q> So the king's son, or crown +prince, is invoked to be the advocate. An appeal was +also made to the decision of the king. The gods, <q>Ashur, +Sin, Shamash, Bêl, and Nabû, the gods of Assyria, shall +require it at his hands</q> is another way of putting the case. +These examples illustrate the meaning of the older oaths. +There do not seem to be any cases of the witnesses being +put on oath. +</p> + +<p> +<note place='margin'>Its preservation as an antique form</note> +But the oath lingered on into very late Babylonian times, +<pb n='094'/><anchor id='Pg094'/> +when we have some very full forms. If anyone shall +change or alter the agreement, <q>may Marduk and Zarpanit +decree his destruction.</q><note place='foot'>Nbk., 368.</note> In Persian times we find +a curse on the same breach of faith in the terms, <q>whosoever shall +attempt to alter this agreement, may Anu, Bêl, and Ea curse +him with a bitter curse, may Nabû, the scribe of Esagila, +put a period to his future.</q><note place='foot'>Cyr., 277.</note> It is curious thus +to note a recrudescence of old forms in these later times. Was +it merely an antiquarian fashion or had the Persians earlier +come under strong Babylonian influence and preserved +the old forms which had died out in their native home? +The Elamite contracts suggest exactly the same question. +In them it seems evident that Elam, once under Babylonian +influence, adopted and preserved, under native +rulers, forms of which we have no trace in Babylonia, but +which clearly came from that country. Assyria is another +case in point. She kept forms which we know date back +before the time of her independence and which had disappeared +from the contemporary Babylonian documents. +In the later Babylonian times we still find the parties and +the witnesses in a law-court put to the oath.<note place='foot'>Cyr., +312, A. B. R., II., pp. 16, 73.</note> +</p> + +<p> +<note place='margin'>Penalties for perjury</note> +8. <hi rend='bold'>Penalties.</hi>—An unsuccessful suitor was not allowed to +get off merely with the loss of his suit. He had been put on +his oath and been unable to justify himself, or the word that +he had spoken. According to the Code, if the suit was a +capital suit, this was punished with death.<note place='foot'>§ 3.</note> But even if +the case was less serious, it was slander to have brought a +false accusation, and the penalty for slander was branding.<note place='foot'>§ +127.</note> This penalty was inflicted on an unsuccessful suitor for +possession of a house sold by his father.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2190.</note> Another form +of penalty for unsuccessful litigation was that the suitor +should not only lose his case but actually be condemned +<pb n='095'/><anchor id='Pg095'/> +to pay the penalty which he, if successful, would have +brought on the other party.<note place='foot'>§§ 4, 13.</note> That this is what was +really intended by the clauses is shown by the case of Belilitum, +who as late as <hi rend='smallcaps'>b.c.</hi> 555,<note place='foot'>Nbd. +13.</note>having brought a suit to recover a +debt which she alleged was not paid, was convicted of perjury +by the production of the receipt, and by the evidence +of her own children, and not only lost her case, but was +condemned to pay the sum for which she had sued to him +from whom she sought to obtain it. This was of course a +form of retaliation. +</p> + +<p> +<note place='margin'>Forfeits</note> +In Assyrian times the parties usually bound themselves +not to litigate, nor attempt to disturb the settlement made +between them, under heavy forfeits to the treasury of a +god, often tenfold the value of the object in dispute, and +sometimes prohibitive in amount. Such sums as two talents +of silver, or two talents of gold, controvert the idea +that these forfeits were looked upon as possible deposits by +a claimant desiring to reopen the case. They were terrific +penalties intended to deter any attempt at litigation. +</p> + +<p> +<note place='margin'>Nature of the forfeits</note> +The forfeit sometimes took the form of white horses, or +foals (?), which were dedicated to a divinity. Very interesting +is the mention of the dedication of the eldest child to a +god, or goddess. This is worded as if the dedication was to +be by fire. The additional mention of incense or cedarwood, +as accompanying the offering, renders it probable that +it was really meant that the litigant should be punished by +the sacrifice of his child as a <q>burnt offering</q> to the god. +But this only makes it clearer that such penalties were +simply meant to be deterrent. We have no proof that such +an offering ever took place. It was a memory of bygone +horrors, but not less interesting as showing what had once +been possible. A more natural and extremely common +penalty was the payment of a tenfold value to the disturbed +<pb n='096'/><anchor id='Pg096'/> +owner. In later times this was twelvefold. This was +an example of the multiple restitution so common in the Code. +</p> + +<p> +<note place='margin'>The ordeal</note> +Something very like an ordeal was occasionally imposed. +The very fragmentary condition of the texts which give it +adds to its obscurity. But it appears to have consisted in +the litigant being compelled to eat a mina weight of some +magically concocted food and to drink the contents of an inscribed +bowl. What the result was expected to be is not +stated. One fragmentary text appears to name the ingredients +of the magic potion. All that can be made out points +to an ordeal, somewhat similar to that inflicted upon a suspected +wife in Numbers v. 12-31. +</p> + +<p> +9. <hi rend='bold'>Penalties for wrong-doing.</hi>—We are chiefly indebted +to the Code for our knowledge of the penalties which the +judge and his assessors might inflict. +</p> + +<p> +<note place='margin'>The death-penalty</note> +Foremost we may place the death-penalty. This was +inflicted by the Code for witchcraft, for theft, for corruption +of justice, for rape, for causing death by assault, for neglect +of duties by certain officials, for allowing a seditious assembly, +for causing death by bad building, and for varieties of +these crimes. It is curious that no mention is made of murder +pure and simple. But this is only accidental. It is +evidently assumed. For the Code brings several cases of +murder under this penalty. Procuring the death of a husband +is punished by it; even a fatal assault, as that on a +pregnant woman who dies of miscarriage as the result. +The need of an oath to establish lack of malice in giving a +blow in a quarrel which led to death tends to show that +murder was punished by death, and that it was regarded +as death intentionally caused. An explicit statement was +clearly not needed. We do not yet know how this sentence +was carried out. Usually the Code only says <q>he +shall be killed</q>; by whom, or how, is not stated. For +special cases the manner is described. +</p> + +<pb n='097'/><anchor id='Pg097'/> + +<p> +<note place='margin'>Drowning</note> +Death by drowning was inflicted on a beer-seller for selling +beer too cheaply; on a woman for adultery, for being a +bad wife, for incest, or for desertion of her husband's house. +In every case the victim was a woman. When men were +drowned they shared a woman's fate. In two cases, adultery +and incest, we read of the criminals being bound. In +the latter, § 155, it seems that the man was <q>bound</q> and +the woman drowned. In the former, § 129, both were +<q>bound</q> and both drowned. It is hardly likely that +<q>bound</q> can mean merely tied up, or imprisoned, in the +case of the man who committed incest. I would suggest +that in both cases it means <q>strangled.</q> The alternative +would be that the confusion in § 155 is due to the +scribe. +</p> + +<p> +<note place='margin'>Burning</note> +Death by fire is directly ordered for a votary who opens +or enters a beer-shop, for a man and his mother in incest, +and indirectly for a thief at a fire. +</p> + +<p> +<note place='margin'>Impalement</note> +Impalement on a stake is ordered for a wife procuring +her husband's death. +</p> + +<p> +<note place='margin'>Ordeal by water</note> +Indirectly the death-penalty would often be the consequence +of an appeal to the ordeal by water, in §§ 2, 132. +</p> + +<p> +<note place='margin'>Mutilations</note> +The various sorts of mutilation named are of two types: +(1) retaliation for bodily disfigurement, (2) symbolical of +the offence itself. Thus eye for eye, tooth for tooth, limb +for limb, are pure retaliations. But the hands cut off mark +the sin of the hands in striking a father, in unlawful surgery, +or in branding. The eye torn out was the punishing +of unlawful curiosity. The ear cut off marked the sin of +the organ of hearing and obedience. The tongue was cut +out for the ingratitude evidenced in speech. +</p> + +<p> +<note place='margin'>Scourging</note> +Scourging is the only other form of corporal punishment. +It was done with an ox-hide scourge, or thong, and sixty +strokes were ordered to be publicly inflicted for a gross assault +on a superior. +</p> + +<pb n='098'/><anchor id='Pg098'/> + +<p> +<note place='margin'>Banishment</note> +Banishment from the city was the penalty for incest.<note place='foot'>§ 154.</note> +</p> + +<p> +<note place='margin'>Simple restitution</note> +Restitution may, perhaps, hardly be regarded as a penalty. +Thus a man who was found in possession of lost +property had to restore it. In case of loss caused by neglect +or ill-treatment of hired property, or of goods deposited or +intrusted, or by want of care in treating diseased limbs, +restitution, goods for goods, ox for ox, ass for ass, <hi rend='italic'>et cetera</hi>, +was ordered.<note place='foot'>§§ 9, 10, 12, 125, 219, 231, 232, 245, 246, 263.</note> +</p> + +<p> +<note place='margin'>Multiple restitution</note> +But restitution of many times the damage inflicted is a +distinct penalty. The Code orders threefold for cheating a +principal,<note place='foot'>§ 106.</note> fivefold for loss or theft of goods by +carrier,<note place='foot'>§ 112.</note> sixfold for defrauding an +agent,<note place='foot'>§ 107.</note> tenfold for theft by a +poor man, or for careless loss by shepherd or herdsman,<note place='foot'>§§ 8, +265.</note> twelvefold for a false sentence by a judge,<note place='foot'>§ 5.</note> +thirtyfold for theft on the part of a gentleman. +</p> + +<p> +<note place='margin'>Retaliation</note> +The infliction of the same loss on a criminal that he caused +another is seen in the cases of mutilation, eye for eye, limb +for limb, tooth for tooth,<note place='foot'>§§ 196, 197, +200.</note> but also in the penalty of son for +son, daughter for daughter, slave for slave;<note place='foot'>§§ 116, +210, 219, 230, 231.</note> and in the rule +that a vexatious suitor shall pay the penalty which his suit +was calculated to bring on the defendant. +</p> + +<p> +<note place='margin'>Vicarious punishment</note> +This retaliation is the explanation of what seems to be +vicarious punishment, where a man suffers in the person of +his son, or daughter, for the loss he has caused to the son +or daughter of another.<note place='foot'>§§ 116, 210, 230.</note> +</p> + +<p> +<note place='margin'>Loss of claim</note> +Another penalty was the voidance of a claim. If a man +took the law into his own hands to repay his debt, he lost +all claim to recover it through the courts. When the purchase +was illegal and void, as that of an officer's benefice or +of a ward's property, the purchaser had to return his purchase +and lose what he had paid for it. +</p> + +<pb n='099'/><anchor id='Pg099'/> + +<p> +<note place='margin'>Cases where no claim is allowed</note> +In certain cases no suit was allowed to gain standing. +Contributory negligence,<note place='foot'>§ 123.</note> the natural death of hostage for +debt,<note place='foot'>§ 115.</note> the accidental goring of a man by a wild +bull,<note place='foot'>§ 250.</note> are +excluded from litigation. Such events cancel all further +claim or are expressly said to have no remedy. There is +no case for prosecution. +</p> + +<p> +<note place='margin'>Compensation</note> +Compensation for loss caused by crime, or neglect, is +ordered on a scale fixed by the Code. Where a tenant takes +a field on produce-rent his neglect to cultivate caused a loss +to the landlord. He was thus bound to pay an average +yield, or a crop like his neighbor's, or that of the next +field.<note place='foot'>§ 42.</note> In later times, the vagueness of this rule, which +might give rise to dispute, was avoided by stating in the +lease the average rent to be expected. For certain classes +of land, where no comparison with the next field could be +instituted, a fixed rate was set down.<note place='foot'>§ 44.</note> Compensation for +premature ejectment was ordered.<note place='foot'>§ Y.</note> +</p> + +</div> + +<pb n='100'/><anchor id='Pg100'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>VI. Legal Decisions</head> + +<p> +<note place='margin'>Meaning of the term</note> +By a legal decision we understand a <q>judgment</q> pronounced +by some judicial authority upon a case submitted. +It is not easy to say whether the Babylonians had a separate +name for this sort of transaction; but it had some +peculiarities by which it can be easily recognized. It usually +opens with the words, <foreign rend='italic'>duppu ana</foreign>, <q>tablet on,</q> +followed by the statement of the object in dispute. This is very +often abbreviated to a simple <foreign rend='italic'>ana</foreign>, <q>on,</q> or +<foreign rend='italic'>aššum = ana šum</foreign>, <q>concerning,</q> or +<foreign rend='italic'>eli</foreign> with the same sense. +</p> + +<p> +These usages explain the curious tablet<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 316.</note> where we have +a long series of sections each containing names associated +with other names by the word <foreign rend='italic'>aššum</foreign>. Thus we +read:<note place='foot'>Rev. 1-4.</note> +</p> + +<quote rend='display'> +<q>Nishînishu, daughter of Rîsh-Sin, <foreign rend='italic'>aššum</foreign> +Shamash-ellatsu, son of Itti-Sin-dinim.</q> +</quote> + +<p> +<note place='margin'>Technical terms used</note> +It is not clear whether Shamash-ellatsu was the adversary +of Nishînishu, or the subject of her suit. But we clearly +have here a <q>trial list</q> of seventeen cases. Whether they +were all decided in one day, month, or year, or whether they +were reserved for the royal audience, we have no means of +telling. It is merely a list. The object in dispute, <q>two <hi rend='italic'>SAR</hi> +of land,</q> is occasionally given; or the court is named <q>the +temple of Shamash,</q> or <q>at the gate of Shamash.</q> The +whole text is too fragmentary to be translated, but we may +<pb n='101'/><anchor id='Pg101'/> +note that some lady or other is always a party to the suit. +If we could find the tablets referring to the decisions intended +and they should turn out to be of different years, +this list might prove of value for chronology. +</p> + +<p> +<note place='margin'>Their arrangement</note> +Legal decisions relate to all manner of subjects and consequently +are difficult to arrange. Dr. Meissner adopted +the excellent plan of appending them to the groups concerned +with the class of property dealt with under them. +Thus a legal decision concerned with the sale of a house +would be grouped with the house sales. But this does not +suit all cases, and both in formula and subject the legal +decisions are really distinct. Most legal decisions add nothing +to our knowledge of the law, merely recording that <q>A +sued B and lost the day and is now bound over not to renew +the litigation.</q> A large number go only a little further, +thus:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 511.</note> +</p> + +<note place='margin'>Suit concerning inheritance</note> +<quote rend='display'> +Ribatum, daughter of Salâ, was sued by the sons of Erib-Sin, +Shumma-ilu and Mâr-erṣitim, concerning what Salâ, her father, and +Mullubtim, her mother, had left her. They took judges who restored +to her one-half <hi rend='italic'>GAN</hi> of land, her property. Shumma-ilu and +Mâr-erṣitim, sons of Erib-Sin, shall not renounce this agreement nor +dispute it. They swore by Shamash, Malkat, Marduk, and Samsu-iluna +the king. Four judges appear as witnesses. Dated the 10th +of Elul, in the second year of Samsu-iluna. +</quote> + +<p> +Here it is not stated what was the ground on which the +parties disagreed, nor that they laid claim to more than one-half +<hi rend='italic'>GAN</hi> of land. They lost the case. That is all we know +in many other cases. Often we do not know the object in +dispute. Other cases are quite full and often very instructive. +Thus:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2474.</note> +</p> + +<note place='margin'>Suit for paternal power over daughter</note> +<quote rend='display'> +About the maid Adkallim, whom Aiatîa had left to her daughter +Ḥulaltum. Ḥulaltum had taken care of her mother Aiatîa; while +Sin-nâṣir, the husband of Aiatîa, who was in Buzu for twenty years, +<pb n='102'/><anchor id='Pg102'/> +had left Aiatîa to her fate, loved her not. Now after Aiatîa was +dead, Sin-nâṣir laid claim on whatever Aiatîa had, and on Ḥulaltum +for the maid Adkallim. Isharlim, the <foreign rend='italic'>rabiânu</foreign> of Sippar, +with the Kar-Sippar, assigned sentence; they laid the blame on him. He +shall not renounce the agreement, nor dispute it. They swore by +Shamash, Marduk, and Ḥammurabi the king. The judgment of +Isharlim. Four witnesses. Dated in Elul, the 9th year of Ḥammurabi. +</quote> + +<p> +This was a bad case of desertion. The husband, Sin-nâṣir, +deserted his wife for twenty years, but on her death +came back and claimed her property. This he was not allowed +to do, by the Code.<note place='foot'>§ 136.</note> In his absence, Ḥulaltum had +cared for Aiatîa, either as his real, or only adopted, daughter. +In either case, Aiatîa had left Ḥulaltum a slave-girl, Adkallim, +whom Sin-nâṣir now claimed. His claim was disallowed. +</p> + +<p> +The decisions which we now possess give little further +information as to the legal procedure, but a series of abstracts +will illustrate the legal points which they raise. +</p> + +<quote rend='display'> +<p> +Ṣilli-Ishtar and Amêl-ili, sons of Ilu-eriba, were sued by Eribam-Sin, +son of Ubar-Sin, concerning a house, etc., which they bought of +Sin-mubaliṭ and his brothers. They say that they bought with +money which Ṣilli-Ishtar received from his mother and which formed +no part of that which they had in common with plaintiff as partners. +Deposition accepted. Ḥammurabi 34.<note place='foot'>M. A. P., 39.</note> +</p> + +<p> +The sons of Zâziâ sue Sin-imgurâni and Sin-uzilli for rights in +a house next the temple of Ningirsu, five days' income in the temple +of Sin, sixteen days' income in the shrine of Bêlit, and eight +days' income in the shrine of Gula. Claim not made out. Era of +Isin 6.<note place='foot'>M. A. P., 41.</note> +</p> + +<p> +Idin-Adadi and Mattatum have no claim on property which +Ḥishatum has or shall inherit. Rim-Sin (?).<note place='foot'>M. A. P., 44.</note> +</p> + +<p> +Adadi-idinnam and Ardi-Martu agree on dissolution of partnership. +Zabum 1.<note place='foot'>M. A. P., 79.</note> +</p> + +<pb n='103'/><anchor id='Pg103'/> + +<p> +Brothers of Ur-ilishu agree not to proceed against Sala-ilu and +Ur-ilishu concerning property left by latter. Apil-Sin (?).<note place='foot'>M. +A. P., 111.</note> +</p> + +<p> +Family of Urra-gâmil sue Erib-Sin for account of his partnership +with and his indebtedness to Urra-gâmil deceased. Erib-Sin +settles. N. D.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 301.</note> +</p> + +<p> +Sin-ellâtsu gave a ring to Ramê-Ishḫara. The children of Sin-ellâtsu +agree not to sue her for it. Ḥammurabi (?).<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2465.</note> +</p> + +<p> +Private settlement of claims to property. N. +D.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2473.</note> +</p> +</quote> + +<p> +In the above cases there is no explicit mention of judges. +The next group are cases before judges where fact of suit, +subject and result are given, but not the pleas presented. +</p> + +<quote rend='display'> +<p> +Imgur-Sin and Ilu-eriba sue Iatratum concerning a house which +she bought of their father. Nonsuited. Before judges of Babylon +and Sippara.<note place='foot'>M. A. P., 40.</note> +</p> + +<p> +Ṣilli-Ishtar and Eribam-Sin entered into partnership. On dissolution +of their partnership they chose judges, paid in their common +stock and shared equally. The shares are scheduled in the deed of +settlement. Ḥammurabi 34.<note place='foot'>M. A. P., 78.</note> +</p> + +<p> +Pala-Shamash and Apil-itishu dispute concerning a division of +property. They obtain judges and city witnesses. The whole house +and income is shared equally and each agrees to waive further claim. +Ḥammurabi (?).<note place='foot'>M. A. P., 80.</note> +</p> + +<p> +The two sons of Ḳû-Ishtar disagreed as to their shares. Nidnat-Sin, +the <foreign rend='italic'>rab</foreign> Martu, makes equitable division. Ḥammurabi +33.<note place='foot'>M. A. P., 110.</note> +</p> + +<p> +Apil-ilishu and Pala-Shamash dispute the latter's right to a +house, ship, servants, money, and property in his possession. The +city elders from Ḥuda and Shibabi gave judgment and confirmed +the title of Pala-Shamash.<note place='foot'>B 199.</note> +</p> + +<p> +The sons of Nûr-Shamash sue Bêlitum for the property left her. +Before judges. Nonsuited. Sumu-lâ-ilu.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 327.</note> +</p> + +<p> +Shunu-ma-ili and Mâr-erṣitim sue Ribatum concerning her right +to the legacy of Salâ and Mullubtim. The judges assign her an +income, <foreign rend='italic'>ḫibiltu</foreign>. Samsu-iluna +2.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 511.</note> +</p> + +<p> +Marduk-mubaliṭ and Sin-idinnam sue Shâd-Malkat concerning +her house in Bît Gagim. Judges confirm her title. +Apil-Sin.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 586.</note> +</p> + +<pb n='104'/><anchor id='Pg104'/> + +<p> +Ḥuzalum and Pî-Malkat, children of Nabi-Shamash implead +Shidi-lamazatanḫu of Gagim concerning various rights to incomes +and rations in the temple of Shamash. The judges assign shares to +each. Samsu-iluna (?).<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2175 A.</note> +</p> + +<p> +Aliḳu and Sumu-ramê sue Shakumâtim about a house they sold +him. Nonsuited. N. D.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2177 A.</note> +</p> + +<p> +Shamash-bêl-ili repudiates a sale of land to the Lady Mannashi. +He is nonsuited. Ḥammurabi 15.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2178 A.</note> +</p> + +<p> +Family of Ardi-rabish against Erib-Sin on account of property +left them by Ardi-rabish. Nonsuited. Sin-mubalit +20.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2181.</note> +</p> + +<p> +Ḥamaziru sues Manutum for house and property but is nonsuited. +Sumu-lâ-ilu.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2186.</note> +</p> + +<p> +Kasha-Upi bought a house of Itti-itishu and his sons, Bêlshunu +and Ilushu-bânî. Amêl-Ninshuna, son of Bêlshunu, brought a suit +about the house. Judges condemn him to be branded on the forehead +and confirm Kasha-Upi's title. Sin-mubalit.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2190.</note> +</p> + +<p> +Nishinishu sues Ana-erishti-Malkat for three <hi rend='italic'>SAR</hi> of land before +the king's judges. Nonsuited. Samsu-iluna 2.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2444 A.</note> +</p> + +<p> +Malkat-kuzub-mâtim sues Ani-talime for restitution of a field, +before the judges of Babylon and Sippara. The witnesses sustain +her claim, which is granted. Samsu-iluna 3.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2458.</note> +</p> + +<p> +The family of Izidaria sue the family of Azalîa about the property +of Izidaria deceased. Their title is confirmed. Zabum +12.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2463.</note> +</p> + +<p> +Shamash-bêl-ili sues Nidnusha concerning a house bought by him of +her. The judges grant him two shekels of silver. Ḥammurabi +1.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2502.</note> +</p> + +<p> +Shî-lamazi sues her brothers for a field and wins her +case.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2193.</note> +</p> + +<p> +Before Lushtamar, <foreign rend='italic'>nâgiru</foreign> of Babylon, Adadi-idinnam and +Ibku-Ishtar, judges, Zariku was put to the oath and replied to Erib-Sin. +He was told that as his domicile was at Sippara, he must not make +his appeal to the judges of Babylon. So his case was dismissed. +Ḥammurabi 28.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 824.</note> +The record is defective. +</p> +</quote> + +<p> +Cases before judges where the plea and its result can be +made out with some certainty are as follows: +</p> + +<quote rend='display'> +<p> +Ardi-Sin, son of Eṭiru, sued the sons of Shamash-nâṣir who had +sold a plot of land, two and a half <hi rend='italic'>GAN</hi> in area, to Ibni-Adadi the +<pb n='105'/><anchor id='Pg105'/> +merchant. He claimed the land as ancestral domain, +<foreign rend='italic'>bît abišu</foreign>, and +denied that he had ever alienated it. The sons of Ibni-Adadi, now in +possession, produced the deed of sale, <foreign rend='italic'>duppu šimâti</foreign>, +which Eṭiru and Sin-nâdin-shûmi, his brother, had executed to Shamash-nâṣir and +his son. The judges assigned a small portion of the land, about +a sixth, to Ardi-Sin, but make up the rest, apparently, from another +quarter. Ammizaduga (?).<note place='foot'>M. A. P., 42.</note> +</p> + +<p> +Mâr-Martu bought the garden of Sin-mâgir. Ilubânî disputed +the legality, <foreign rend='italic'>ṣimdattu</foreign>, +of the sale. Before the judges at the gate of +Nin-marki he deposed that he was the adopted son of Sin-mâgir, +which adoption had never been revoked. In the time of Rim-Sin +the house and garden had been awarded to Ilubânî and then Sin-mubaliṭ +had brought a suit against Ilubânî, which was regularly +heard before judges and witnesses from Nin-marki. They had +awarded the house and garden to Ilubânî. Sin-mubaliṭ was now +bound over to dispute the title no more. Ḥammurabi.<note place='foot'>M. A. P., 43.</note> +</p> +</quote> + +<p> +Here it seems that on the deposition of Rim-Sin by Ḥammurabi, +Sin-mubaliṭ, excluded by his bond from disputing +Ilubânî's title, sold his claim to Mâr-Martu, who attempted +to enter into possession. Possibly it was thought that the +new rulers would reverse the old decision. +</p> + +<note place='margin'>Right of a widow on remarriage to her husband's +property or gifts</note> +<quote rend='display'> +<p> +The sons of Namiatum sue their mother, Iashuḫatum, about her +share of their father's property. She appears before the judges of +Babylon and puts in an inventory to show that she has taken nothing +from the family possessions. Then the sons of Namiatum +renounce further claim on the ground of family possession to the +property of Idin-Adadi, Iashuḫatum and their descendants. Samsu-iluna +2.<note place='foot'>M. A. P., 100.</note> +</p> +</quote> + +<p> +It seems that, after the death of Namiatum, Iashuḫatum +married again. The children of the first marriage bring an +action to secure judgment that she shall not take with her +any property of their father's. She had, as we know, a +right to take with her her marriage-portion, but not her +husband's gifts to her. +</p> + +<pb n='106'/><anchor id='Pg106'/> + +<quote rend='display'> +<p> +Amêl-Ninsaḫ sues Garudu for the rent of a field. The debtor +not paying was ejected. Apil-Sin.<note place='foot'>B<hi rend='vertical-align: +super'>1</hi> 40.</note> +</p> + +<p> +Shûmi-erṣitim sues for right to a sheep and some corn, the +<foreign rend='italic'>naptánu</foreign> +of a god. Judges grant him half share. Ḥammurabi +9.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 188.</note> +</p> + +<p> +Judges summon Ibik-iltum before Elali-bânî to account for corn. +He purges himself on oath. N. D.<note place='foot'>B<hi rend='vertical-align: +super'>1</hi> 295.</note> +</p> + +<p> +Amat-Shamash claims to be the adopted daughter of Shamash-gâmil +and his wife Ummi-Araḫtum. Her witnesses proving unsatisfactory, +her claim was disallowed on the oath of Ummi-Araḫtum +that they had never adopted her. Ḥammurabi +(?).<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 160.</note> +</p> + +<p> +Ilushu-abushu hired a pack-ass, <foreign rend='italic'>imer bilti</foreign>, +of Ardi-Sin and Ṣilli-Ishtar +and lost it. The judges awarded them sixteen shekels of +silver as compensation. Apil-Sin 5.<note place='foot'>B<hi rend='vertical-align: +super'>1</hi> 711.</note> +</p> + +<p> +Babilîtum sued Erish-Saggil, Ubar-Nabium, and Marduk-nâṣir for +a share of her family possessions, <foreign rend='italic'>bît abiša</foreign>. +The judges assigned her +a share. Samsu-iluna 5.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +272.</note> +</p> + +<p> +Nidnusha and Shamash-abilu sue the daughter of Sin-eribam +about property which she claimed to have inherited. They charge +her with having forged the will of Amti-Shamash in her favor. The +judges went to Gagim, where the property was, and examined witnesses +who proved that Amti-Shamash had left the property to the +daughter of Sin-eribam. The judges therefore confirmed her title. +N. D.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2182.</note> +</p> + +<p> +Mâr-erṣitim left a female slave Damiḳtum to Erib-Sin. His wife +Mazabatum and his brother Ibni-Shamash dispute this legacy. The +judges inspect a document by which Erib-Sin, on the suit of Mâr-erṣitim, +had granted Damiḳtum to Mazabatum and Ibni-Shamash. +The judges return Damiḳtum to Mazabatum. Ḥammurabi +(?).<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2516.</note> +</p> +</quote> + +<p> +<note place='margin'>Legal practice of Assyrian times</note> +In Assyrian times we have comparatively few legal decisions. +The judges who appear are the <foreign rend='italic'>sartênu</foreign>, or chief-justice; +the <foreign rend='italic'>ḫazânu</foreign>, the chief civil magistrate of a city, +the parallel of the ancient <foreign rend='italic'>rabiânu</foreign>; the +<foreign rend='italic'>sukallu</foreign>, or chamberlain; +and one or two others, besides the simple <foreign rend='italic'>daiânu</foreign>, +or judge. Some of these are not judicial officers, but act in +that capacity. +</p> + +<pb n='107'/><anchor id='Pg107'/> + +<p> +Usually the judge is said to lay the blame on the guilty +party, <foreign rend='italic'>arnam eli A emêdu</foreign>; or to lay the penalty upon one, +<foreign rend='italic'>sartu eli A emêdu</foreign>. The sentence itself was a +<foreign rend='italic'>dienu</foreign>, or +<q>judgment.</q> As in former times, the legal decisions refer +to all manner of cases, and here more than anywhere else +a mere translation does not convey much meaning to the +reader. +</p> + +<quote rend='display'> +<p> +Thus:<note place='foot'>A. D. D., No. 160.</note> a scribe A prosecuted a farmer B for +the theft of a bull. They came before Nabû-zêr-kênish-lîshir, the deputy +<foreign rend='italic'>ḫazânu</foreign> of +Nineveh. Restitution, bull for bull, was imposed on the defendant, +who meantime was held for the fine. <q>On the day that he shall +have made good the value of the bull he shall go free.</q> Dated the +12th of Elul. Eponymy of Mushallim-Ashur. Twelve witnesses. +</p> + +<p> +Again:<note place='foot'>A. D. D., No. 161.</note> +A stole four slaves of B, who summoned him before the +<foreign rend='italic'>sukallu</foreign>. +The judge laid on him a fine of two hundred and ten minas +of copper. B then deposited a pledge with A, either himself, or a +slave, to perform work equivalent to the amount of the debt. If +B, or any representative of his, pays the money, the pledge is void. +<q>Whoever shall withdraw from this agreement, Ashur and Shamash +shall be his judges, he shall pay ten minas of silver and ten minas of +gold, he shall pay it in the treasury of Bêlit.</q> Dated the 10th of +Adar, <hi rend='smallcaps'>b.c.</hi> 678. Eleven witnesses. +</p> +</quote> + +<p> +Here is another case, relating to a breach of trust:<note place='foot'>A. +D. D., No. 164.</note> +</p> + +<note place='margin'>Damages for loss by agent</note> +<quote rend='display'> +<p> +The decision of the chief-justice, which he laid on Ḥanî. Three +hundred sheep, with their belongings, property of the king's son +were lost, or killed by the shepherds. Each shepherd was condemned +to pay two talents of bronze as his fine. Ḥanî, and his +people, and his fields, were taken as security for the payment for the +three hundred sheep, and the fines due from the shepherds. <q>Whoever +shall demand him, his <foreign rend='italic'>šaknu</foreign>, +his <foreign rend='italic'>rab kiṣir</foreign>, or any representative +of his, shall pay for three hundred sheep and the fines for the shepherds +and then Ḥanî shall be released.</q> Dated 27th of Sebat, <hi rend='smallcaps'>b.c.</hi> +679. Four witnesses. +</p> +</quote> + +<p> +The defendant had been intrusted with three hundred +sheep, which he had to return in full, with a proper increase +<pb n='108'/><anchor id='Pg108'/> +of lambs. But, evidently in the disorders which +arose on the death of Sennacherib, Ḥanî had lost or made +away with them. If he had intrusted them to shepherds, +either the shepherds had killed them, or, as some take it, +Ḥanî had killed the shepherds. In the former case he +owed two talents of bronze as fine from each shepherd, in +the latter he had to pay the same amount for each. Either +way, he was held responsible for the value of three hundred +sheep and two talents of bronze for each shepherd. +He and all he had were seized for the liability. It is interesting +to note that his district governor, or the colonel of +the regiment to which he belonged, was thought likely to +liberate him; but some other representative might do so. +The lost property belonged to the king's son. This may +have been Esarhaddon, or one of Sennacherib's other sons. +But, at any rate, it is clear that Esarhaddon was putting +his household in order. +</p> + +<p> +<note place='margin'>Additional cases</note> +The other examples known to us do not add to our legal +knowledge. The subjects are chiefly misappropriations of +property and there is little variety. +</p> + +<p> +<note place='margin'>Later Babylonian decisions</note> +The later Babylonian tablets throw some light upon legal +procedure in Babylon. The greater detail exhibited by +them is due largely to the fact that for this period we have +so many private documents. The greater portion of the +material for this part of the subject has been worked over +by Professor J. Kohler and Dr. F. E. Peiser, in their valuable +treatise <hi rend='italic'>Aus Babylonische Rechtsleben</hi>. Little can be +added beyond additional examples and illustration. +</p> + +<p> +<note place='margin'>Method of procedure</note> +The judges acted as a college and not separately. There +might be present at a case a chief judge and several judges +assisting. Other cases were decided before a single judge. +The <foreign rend='italic'>šibûtu</foreign> continue to act as a jury. They were the +elders of the city, competent to decide the rights of the case. But +the exact form of the organization is not yet quite clear. +</p> + +<pb n='109'/><anchor id='Pg109'/> + +<p> +The process began with the charge. The plaintiff preferred +this himself, or by a messenger. His plea was heard +and his proofs considered. Then the court caused the accused +to come before them and answer the charge. +</p> + +<p> +<note place='margin'>The possible complications</note> +The process admitted of a third person intervening. +Thus, A had pledged a plot of land to B for thirty-two +shekels. Then he sold the property to C. C, dying, left +the property to D, who wished to take possession from B, +who continued to hold it in pledge. B goes to the judges +and complains against D. A, being yet alive, intervenes +and probably has to pay B. But the tablet being defective, +we are not able to follow the case further. Only we +see the sort of right which each had. +</p> + +<p> +<note place='margin'>Dispute for the possession of a sum of money</note> +Another case is where two parties dispute as to the possession +of a sum which is actually in the hands of a banker. +The banker accordingly undertakes to produce the sum and +its interest in court, and to pay it over to the successful party +in the suit. The decision was written down and the notary +of the court gave a copy to the plaintiff, if not also to the +defendant, and kept one copy for the archives. The plaintiff +thus obtained a guarantee against the defendant. But +how it was enforced we have no evidence. +</p> + +<p> +<note place='margin'>Suit regarding loan on mortgage</note> +The kind of points in dispute and decided are, as before, +exceedingly varied. The decisions for the most part illustrate +other subjects rather than the processes in court; but a +few examples may be of interest: A made an advance of +forty-four shekels to B, who pledged a house for it. This +state of affairs continued until both were dead. Their sons +inherited. A's son demanded forty-four shekels of B's son +who refused to pay. Both came before the judges. B's son, +pleaded that the money was never loaned or else repaid long +ago. The judges demanded evidence. Either the contract +or a receipt must be produced. The claimant was able to +present the contract, but no receipt was produced. So the +<pb n='110'/><anchor id='Pg110'/> +judges assigned the claimant a plot of land belonging to the +defendant as satisfaction for the proved debt. Here we have +the tablet witnessed by the chief judge, the judges, and the +notary.<note place='foot'>Nbn. 1128.</note> What is curious is that the claimant was not +content to keep the pledge. But it is probable that the debt +was secured on a house which the creditor did not take into +his possession. It is also surprising that the judges did not +order the house to be handed over to the claimant. That +may have been avoided, because of the family rights over +the house. The debtor might thus have been rendered +houseless, or have lost <q>his father's house.</q> The widow +may still have been an inmate. A great part of the document +is taken up with the specification of the land handed +over to the claimant. Hence a complete translation is not +given. +</p> + +<p> +<note place='margin'>Regarding possession of a slave</note> +A common type of case was a vindication of right to +some sort of property. Thus<note place='foot'>Dar. 53.</note> A had sold B a slave, but +C came forward and said: <q>He is my slave who fled from +me,</q> and took an oath by Bêl and Nabû, that he knew +where that slave was living with A. The judges decide +that C shall go where the slave is, and when he has proved +that he is with A, the slave shall return to C. +</p> + +<p> +<note place='margin'>Acknowledgment of a debt</note> +We have an acknowledgment before the court and a promise +to pay the debt. This promise was usually made on +oath, or guarantees were given. Here is an involved case. +A is father of B's mother. B's father is long dead. The +property of A, his grandfather, has now come into B's +hands. He finds an old bond for an advance from A to +C and D. The latter D is also dead but had a son E, who +inherited. Hence B now sues C and E for the money. +The bond is shown to C, who remembers and acknowledges +the debt and he now undertakes to bring his fellow-debtor +E and discharge the debt. +</p> + +<pb n='111'/><anchor id='Pg111'/> + +<p> +<note place='margin'>Settlement out of court</note> +Men did not always stand their trial, but sometimes settled +the case by an agreement out of court.<note place='foot'>Dar. 260.</note> A and his +wife sued B for some slaves, people of their house. B dreads +the trial and does not appear. The wife was B's mother, +evidently remarried. B brings the slaves whom he still has +and offers four minas as payment for one who has died in +his house. The offer is accepted and parties agree to be quit. +</p> + +<p> +<note place='margin'>A private settlement</note> +The decision of a dispute was not always referred to professional +judges. A very interesting example occurs,<note place='foot'>Dar. 410.</note> when +the eldest member of the family and <foreign rend='italic'>kinatti aplišu</foreign>, +<q>the family of his son,</q> act as judges. The plaintiff is an old +lady, who had been married, and had a daughter married. +These facts are not rehearsed in the tablet itself, which +concerns a division of property, but are collected from a +number of tablets, spread over some sixty years. The +way in which information is thus collected is an instructive +example of the manner in which the different documents +illustrate and explain one another.<note place='foot'>A. B. P., ii., pp. 70 ff.</note> +</p> + +<p> +<note place='margin'>Agreements to appear in court</note> +Connected with legal decisions are the undertakings to +appear before the court, of which we have several examples. +Thus,<note place='foot'>Dar. 159.</note> A undertakes to bring B to Babylon and answer the +complaint of C. Or again, a certain gardener spoke to A +before an official of the <foreign rend='italic'>mâr banûtu</foreign>. This official was +subpœnaed, as we should say, and swore by Bêl, Nabû, +and Darius, that on the 8th of Sebat, two days hence, he +would come and take up the case.<note place='foot'>Dar. 229.</note> +</p> + +<p> +<note place='margin'>Production of witnesses</note> +The production of witnesses is the subject of not a few +undertakings. Thus,<note place='foot'>Dar. 299.</note> by a fixed date, five days hence, A +shall bring B to be questioned about some asses belonging +to the royal household. Again,<note place='foot'>Dar. 176.</note> N swears to come, six +days hence, and bring another, on account of the witness about +A. He further undertakes to establish the partnership. +<pb n='112'/><anchor id='Pg112'/> +What was the exact cause of quarrel was not stated. These +agreements to abide by the testimony of a named witness +may have been entered into without reference to judges, but +the oath may have been administered before the court. +Thus,<note place='foot'>Nbk. 52.</note> two parties agree to waive their dispute and abide +by witness produced. This they do before the <foreign rend='italic'>atû</foreign> official +of the gate of the temple. Again,<note place='foot'>Nbk. 183.</note> A is to bring +witnesses on the second of Ab, to the door of the +<foreign rend='italic'>tikkalu's</foreign> house, +and prove when and to whom he gave certain garments. If +this be proved, that B had received them, B will restore the +said garments to A; if not, B is free. Further, if B does +not appear on that day, he shall be bound to restore the garments. +Several other examples illustrate the point.<note place='foot'>A. +B. P., i., pp. 31 ff.</note> +</p> + +<p> +<note place='margin'>Production of bond</note> +A common method was, as has already been shown, to produce +the bond or other document, establishing the claim. +If, for some reason, the document was not producible, the +oath of the scribe who wrote it might be admitted.<note place='foot'>A. +B. P., ii., p. 67.</note> The +witnesses whose names appear on the document do not +seem to have been summoned. But in one case,<note place='foot'>Camb. 384.</note> when two +Persians had sold two slave-girls, also Persians, to a Babylonian; +a third Persian, who had been witness to the sale, +was called on to swear, <q>I know that the money was paid,</q> +and he sealed the document. +</p> + +</div> + +<pb n='113'/><anchor id='Pg113'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>VII. Public Rights</head> + +<p> +<note place='margin'>The mixed population of Babylonia</note> +The early inhabitants of Babylonia are usually regarded +as a non-Semitic race, whom we term Sumerians. Upon +them was superimposed a layer of Semitic peoples. The +first dynasty of Babylon is now often called Arabian. +But the evidence of a previous admixture of peoples is +not lacking. The subsequent history bears witness to +many invasions by Kassites, Elamites, and nomad tribes, +some Semitic, some probably not. Later came Persians +and Medes, not to speak of Greeks and Parthians. +</p> + +<p> +<note place='margin'>Position and rights of resident aliens</note> +The foreign wars brought slaves from all the surrounding +countries, even as far away as Egypt. We cannot here +enter into any discussion of the foreign elements in the +population; but it is important to note what the attitude +of the Babylonians was to the foreigners resident in their +midst. The evidence on the whole is very slight. It may +be said, that as a rule, resident aliens became citizens and +were under no disabilities. One section of the Code, if we +correctly understand it, allows an alien to purchase an +estate, provided he bears the liabilities to the state<note place='foot'>§ 40.</note> +which lay upon it. The <q>merchant</q> was probably usually an +alien, and only temporarily resident. In the contracts of +the Ḥammurabi period, with the exception of the frequent +West-Semitic names, we have little trace of aliens. When +the Kassites came we may expect the conquering race to +<pb n='114'/><anchor id='Pg114'/> +have had full rights. In Assyria there is no trace of +disability. Egyptians, Elamites, Armenians, Jews, Arameans, +contract exactly like natives. In later Babylonian +times we find the same freedom. Of course Persians, and, +later, Greeks, were under no disabilities. Hence there is +very little at any time to chronicle under this head. +</p> + +<p> +We have marriages between Persians and Egyptians, +with witnesses, Babylonian, Persian, Aramean, and +Egyptian.<note place='foot'>Dar. 201.</note> +Medes rent a Babylonian's house, and live there.<note place='foot'>Dar. 57.</note> +A Persian buys of a Babylonian.<note place='foot'>Dar. 410.</note> A Persian father gives +Babylonian names to his children.<note place='foot'>Dar. 509.</note> A vivid picture of +the mixed nationality in the time of Artaxerxes II. is given in +the <q>Business Documents of Murashû Sons,</q> and the list +of proper names attached to Professor Hilprecht's edition +sufficiently illustrates the point. +</p> + +<p> +<note place='margin'>Tax on landed property</note> +Ownership of land carried its liabilities of tax or service. +These were carefully guarded and it was the mark of an +oppressor to exceed the normal demand. That, however, +seems to have been regularly and continually paid. A very +good illustration of public rights over land, or the relation +between the state and the private owner, is afforded by the +construction, in the reign of Cyrus, of a canal of Shamash +by the priest of Sippara. It was to pass through certain +lands and the consent of the owners had to be obtained. +The magistrates and honorables of the city A, through +which it would pass, and the peoples of the neighboring +fields were assembled. They were asked to swear, as Susians, +subjects of the King of Susa, that they would raise +no difficulty. Then the priest took on himself the cost of +the work on the canal, but stipulated that when it was +completed, the neighbors should keep it in repair. Also +he forbade the construction of any rival canal.<note place='foot'>Cyr. +231, 232.</note> Riparians +<pb n='115'/><anchor id='Pg115'/> +were responsible for the care of the canal as shown in the +Code.<note place='foot'>§ 53.</note> +</p> + +<p> +<note place='margin'>State liabilities</note> +The state undertook some duties. In the Code we note +that the palace would, failing other means, redeem an +official from captivity.<note place='foot'>§ 32.</note> +</p> + +<p> +<note place='margin'>District liabilities</note> +There were certain local liabilities of a public nature. +Thus the Code shows that the magistrate and his district +were held responsible for highway robbery or brigandage +in their midst.<note place='foot'>§ 24.</note> It may be assumed that the funds to meet +such liabilities were furnished by the city temple, for we +note that if an official were captured, and his private means +were not sufficient for his ransom, his city temple had to +furnish the money.<note place='foot'>§ 40.</note> +</p> + +<p> +<note place='margin'>General system of taxation</note> +The whole question of taxation is full of difficulties. +There were certain persons who paid tribute, that is, some +proportionate part of their produce, others did personal service. +There is frequent mention of dues of various sorts, at +ferries, market-places and the like. Demands were made +on the stock or crops of the farmers. But we are not yet +in a position even to sketch the system of taxation. +</p> + +</div> + +<pb n='116'/><anchor id='Pg116'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>VIII. Criminal Law</head> + +<p> +<note place='margin'>Reason for the lack of information regarding criminal law</note> +Cases concerned with criminal law were naturally not embodied +in contracts. Some cases doubtless may be inferred +from the legal decisions, but these are only where the +penalty had already been commuted from death or punishment +to payment or restitution. They are better taken as +examples of civil law. But this distinction is not the cause +of their rarity or absence. When a man had to be put to +death, scourged, or exiled, there was no need for a written +bond. Hence the only references which we have outside +the Code and the phrase-books, are the penalties set down in +marriage-contracts for conjugal infidelity, or for breach of +contract voluntarily agreed to by the parties to it. +</p> + +<p> +<note place='margin'>Blood-vengeance commuted for a gift</note> +We have one case from Assyrian times of the assignment +of a slave-girl, as composition for manslaughter. +Atarkâmu, a scribe, had caused the death of Samaku, whose +son Shamash-ukîn-aḫi had the right to exact vengeance. +Whether as the result of a legal decision or not, Atarkâmu +hands over a slave-girl to Shamash-ukîn-aḫi and they agree +to be at peace. The name of Ashurbânipal occurs in a +position which strongly suggests that the king himself sat +in judgment upon the case. The tablet is so fragmentary +that little else can be made out, but it seems to have been +stipulated that the slave should be handed over <q>at the +grave.</q><note place='foot'>A. D. D., No. 321.</note> +</p> + +<pb n='117'/><anchor id='Pg117'/> + +<p> +<note place='margin'>Imprisonment</note> +In later Babylonian times we have a reference to imprisonment +arising out of a case of guarantee.<note place='foot'>Cyr. 281.</note> The priest +of Shamash at Sippara had put A in prison in fetters; B, +a fellow-official of his of the same standing, bails him out, +giving guarantee to the priests and <foreign rend='italic'>šibûtu</foreign> that A shall +not go away, or if he does, that B will do his work. +</p> + +<p> +<note place='margin'>Assault</note> +A case of assault and forcible entry into a house occurs.<note place='foot'>Cyr. +328, 329.</note> But the tablet is so defective that we cannot make out the +rights of the case. The superintendent of the city Shaḫrin, +in the eighth year of Cyrus complained to the priest of +Shamash at Sippara, to the following effect: He had taken +into his house, as a prisoner, a certain man A. He pleads +that he is uncle to the priest and chief magistrate of the +city. Why then has the priest raised his hand over him? +Further, seven men, who are armed, have burst in his door +and entered his house and taken a mina of gold. Whether +this was a rescue by relatives of the prisoner, or by order +of the priest, does not appear. As a result of this complaint, +the elders of the city were assembled and depositions +made. Beyond the plea on the part of the house-breakers +that someone had paid them to break in the door, and that +the prisoner A was someone's pledge, we get no further +information. +</p> + +<p> +<note place='margin'>Tempting a slave to desert</note> +A case of procuration of desertion, forbidden by the +Code<note place='foot'>§ 15.</note> under pain of death, was condoned by the injured +party.<note place='foot'>Dar. 207.</note> A caused a maid of B's to leave her master's +house. B received her back, pardoned A, and took no money of +him. +</p> + +<p> +<note place='margin'>Adultery and its punishment</note> +Adultery was punished in the Code by drowning.<note place='foot'>§ 129.</note> The +Code in this and similar cases of sexual irregularity is +explicit that the case must be flagrant. Suspicion was not +enough.<note place='foot'>§ 132.</note> But conduct leading to scandal had to be atoned +<pb n='118'/><anchor id='Pg118'/> +for by submission to the ordeal. The Code did not take a +higher ground than public opinion. The private contracts +name death as punishment for adultery. Usually it is +drowning, but being thrown from a high place, temple, +tower, or pillar is named. In the later contracts death +was still the penalty for a wife's adultery, but the penalty +had ceased to be drowning only. The adulteress might be +put to the sword.<note place='foot'>Z. A., iii., p. 78.</note> +</p> + +<p> +A woman's procuring her husband's death, for love of +another, was punished by impalement.<note place='foot'>§ 153.</note> +</p> + +<p> +<note place='margin'>The punishment of incest</note> +Incest on the part of a man with his own daughter involved +his banishment.<note place='foot'>§ 154.</note> Incest with a daughter-in-law, if +she was his son's full wife, was apparently punished by +his being drowned. The Code is obscure here and we are +not sure whether she was drowned also.<note place='foot'>§ 155.</note> If the girl +was not yet fully married, the case was treated as one +of ordinary seduction, and the culprit was fined half a +mina.<note place='foot'>§ 156.</note> +</p> + +<p> +If a man committed incest with his own mother, both +were burned.<note place='foot'>§ 157.</note> If a man had intercourse with his +foster-mother, or step-mother, who had borne children to his +father, he was disinherited.<note place='foot'>§ 158.</note> +</p> + +</div> + +<pb n='119'/><anchor id='Pg119'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>IX. The Family Organization</head> + +<p> +<note place='margin'>The sources of information</note> +Marriage is the bond which unites the different members +of the family. The married pair, their children, slaves, and +adjuncts, one side or the other, constitute the family unit. +The Sumerian laws presuppose marriage; but, so far as +known, merely attached penalties to repudiation of the +wedded ties. The Code is very full and explicit and forms +the basis of all our knowledge. The contemporary documents +extend it in some particulars. In Assyrian times we +know little or nothing about the laws concerning marriage. +In later Babylonian times very little is known until the +Persian period, when we have many illustrations. But +what we know, or can gather from scattered hints, makes +it clear that the state of things represented in the Code +remained practically unchanged for the whole period. +</p> + +<p> +<note place='margin'>The marriage-contract and its obligations</note> +The Code is explicit that a woman was not a wife without +<q>bonds.</q><note place='foot'>§ 128.</note> This was a marriage-contract; of which the +essentials were that the names of the parties and their lineage +were given, the proper consents obtained and the declaration +of the man that he has taken so-and-so to wife inserted. +As a rule, stringent penalties are set down for a repudiation +of the marriage-tie. In these bonds a man might be required +to insert the clause that his wife was not to be held +responsible for any debts he might have incurred before +marriage. The Code enacts that such a clause shall be held +to act both ways; if it is inserted, then the man shall +<pb n='120'/><anchor id='Pg120'/> +not be liable for his wife's debts before marriage.<note place='foot'>§ 157.</note> But, +if no such bond existed, the wedded pair were one body as far +as liability for debt was concerned, by whichever it had +been contracted and, in spite of such a bond, both were +liable together for all debts contracted after marriage. +</p> + +<p> +<note place='margin'>Family relations</note> +The family relationship was of primary importance. +Whatever may be said about traces of matriarchy in Babylonia, +we have no legal documents which recognize the institution. +The father is the head of the family and possesses +full power over his wife and family. But the woman +is not in that degraded condition in which marriage by +capture, or purchase, left her. She was a man's inferior in +some respects, but his helper and an honorable wife. +</p> + +<p> +<note place='margin'>Ancient <foreign rend='italic'>gentes</foreign></note> +Not only was the family, which consisted of the wedded +pair and their dependents, a unit, but there was also a connection +with ancestors and posterity which enlarged the +family to a clan or <foreign rend='italic'>gens</foreign>. In this sense it often +appears. The family thus constituted had definite rights over its members. +It was very important to a man to be sure of his family +connection. We may note the importance attached at all +epochs to a man's genealogy as distinguishing his individuality. +His family identified him. There was a very large +number of well-marked and distinguished families, which +took their names from a remote ancestor. So far as our +evidence goes, these ancestors were by no means mythical, +but actually lived in the time of the first dynasty of Babylon. +To all appearances they date back <q>to the Conquest.</q> +Unfortunately no attempt has yet been made to work out +the family histories. But men of such families were the +<foreign rend='italic'>mâr bânê</foreign>, or <q>sons of ancestors,</q> and had special +privileges, which continually emerge into notice. We may compare +the hundred families of China and the patricians of many +nations. There were other families of scarcely less antiquity +<pb n='121'/><anchor id='Pg121'/> +and consideration. They do not name their ancestor, but +refer to him as a tradesman. They were sons of <q>the +baker,</q> of <q>the measurer,</q> <hi rend='italic'>et cetera</hi>, with which we may +compare our proper names Baker and Lemesurier. There +was a court of ancestry, <foreign rend='italic'>bît mâr bânûti</foreign>, which +investigated questions arising from claims to belong to such families +and which doubtless preserved in its archives the genealogical +lists of these exclusive families. They must have +registered the birth of all fresh members and all adoptions; +for men were adopted freely into such families. +</p> + +<p> +<note place='margin'>Guilds of working-men</note> +It is not clear whether all members of a family which +traced descent, real or putative, from a trade-father, actually +carried on that trade. If so, we should have examples of a +workmen's guild. Certainly many men who carried on a +trade were <q>sons</q> of the trade-father, but apparently not +all. The Code notes the adoption of a child by an artisan +who teaches him his trade. In certain cities the trades had +their quarters. We read of the <q>city of the goldsmiths</q> +in Nineveh. +</p> + +<p> +<note place='margin'>Their rivals</note> +It may well be that these guilds were close corporations +at first and continued so to be in the less crowded trades, +but rivals outside the guild also came to be tolerated. The +slaves were artisans in great numbers and their increase +may have led to the decay of the old artisan guilds of free +workers. +</p> + +<p> +<note place='margin'>Public registration of family events</note> +The importance of descent was not a sentimental matter +only. The laws of inheritance involved a careful distinction +between proper heirs and a variety of claimants. +Hence it seems likely that there was a registration of births, +deaths, and marriages, at least covering the patrician families. +We have such examples as a man claiming to be of +same father as another, claiming brotherhood. The other +repudiates the claim.<note place='foot'>Nbn. 69.</note> The tablet is too fragmentary +for us +<pb n='122'/><anchor id='Pg122'/> +to follow the arguments. The slave Bariki-ilu claimed to +be a <foreign rend='italic'>mâr bânû</foreign> and his claim was heard before the court of +the <foreign rend='italic'>mâr bânê</foreign>.<note place='foot'>Z. A., iii., p. 87 +f.</note> +</p> + +<p> +<note place='margin'>Entailed family property</note> +Further, as the wife's marriage-portion, if she died childless, +went back to the <q>house of her father,</q> and as a man +who died without issue had to leave his property to his +<q>father's house,</q> and as many had only a life-interest in +their property, while the family usually had a right of pre-emption +in the case of proposed sales, we see that the family +always had a strong hold over property. Not only was it +for the man's interest to be registered as of a certain family, +but it was also for the family's interest to register all its +members. +</p> + +<p> +<note place='margin'>Responsibilities of family to its individual members</note> +There are suggestions that the family assumed certain responsibilities +over the man; for in Assyria it appears that +the family might come forward and liberate a man from his +debt. A free man, who had been sold as a slave to Ashnunnak, +and who escaped to Babylon, after five years, being +claimed as a slave by the levy-masters there, chose to serve +his father's house. His brothers swore by Marduk and +Ammiditana the king, making an irrevocable declaration +that as long as he lived he should take up the duties of his +father's house with his +brothers.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 419.</note> +In the later Babylonian +times, the head of the family, though only a distant relation, +was called upon to act as judge in a dispute concerning the +disposition of property. +</p> + +</div> + +<pb n='123'/><anchor id='Pg123'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>X. Courtship And Marriage</head> + +<p> +<note place='margin'>Amount of the bride-price</note> +The suitor came with presents to the parents of the +girl. Most writers see in this a survival of the purchase +of the bride. The name of this gift, <foreign rend='italic'>terḫatu</foreign>, is +undoubtedly connected with the name of the bride, +<foreign rend='italic'>marḫitu</foreign>. This +present, or bride-price, differed greatly with the circumstances +of the parties. Both money and slaves were given, +but a simple sum of money was more common. In cases +where the bride was rich or highly placed the amount seems +less. A very usual amount was ten shekels, but we have +examples from one shekel up to three minas.<note place='foot'>S. 34.</note> The Code +assessed it at one mina of silver for a patrician and a third +of a mina for a plebeian.<note place='foot'>§ 139.</note> +</p> + +<p> +<note place='margin'>Its disposal</note> +Without this bride-price the young man could not take a +wife. Hence it was expressly secured to him by the Code, +if his father died before he was of age to marry, and reserved +as a first charge on the father's estate. There is +some evidence that a woman might make this present to her +future husband. But that may have been because he was +too poor to make it himself and she found him the means. +As a rule, the parents gave this money to the bride. But +we are not in a position to say whether they did so at once, +on the consummation of the marriage, or on the birth of a +child. The suggestion that it was her <foreign rend='italic'>Morgengabe</foreign> remains +without support. Certain it is that it was not returned +<pb n='124'/><anchor id='Pg124'/> +always. In the contracts it seems to be given to the bridegroom +with the bride. On a wife dying without children, +the husband was bound to return her marriage-portion to +her family. But if the bride-price which he had given for +her had not been returned to him, he could deduct its value. +On a divorce, he was bound to let his wife have not only her +marriage-portion, but the bride-price paid back to him. If +there had been none, he must give her a fixed sum instead +of it. +</p> + +<p> +<note place='margin'>Its presentation</note> +From the phrase-books we may gather that there was a +sort of ceremony about presenting the bride-price to the +father: it was placed on a salver and brought in before the +parents.<note place='foot'>V. R., 24, 48.</note> This was probably a part of the +ceremony of betrothal. </p> + +<p> +If the father rejected the suitor, he was bound to return +the bride-price offered.<note place='foot'>§ 160.</note> A curious section of the Code +enacts that if the suitor's comrade intrigued to break off the +match, he was excluded from marrying the girl himself.<note place='foot'>§ 161.</note> +</p> + +<p> +<note place='margin'>Penalty for breach of promise</note> +If, after he had brought in the bride-price to his prospective +father-in-law, the suitor took a fancy to another girl, +he might withdraw from the suit. But he then forfeited +what he had offered. If this really was the result of having +taken a dislike to a plain girl, we may suppose that +such a maiden might accumulate several bride-prices and so +acquire some wealth. This may explain Herodotus's idea +that the handsome girls made a dowry for the plain ones. +But there is not a shred of evidence for their doing so in +the way he suggests. A girl was a virgin when she was +married.<note place='foot'>§ 156.</note> +</p> + +<p> +<note place='margin'>Preliminaries of marriage</note> +Of interest in the later Babylonian texts is the fact that +the preliminaries of the marriage are more fully illustrated. +Thus we read of the wedding of the daughter of Neriglissar:<note place='foot'>Nergl. +1.</note> Nabû-shum-ukîn, the <foreign rend='italic'>êrib bîti</foreign> +of Nabû, judge of Êzida, +<pb n='125'/><anchor id='Pg125'/> +spoke to the King Neriglissar, saying thus: <q>Give to me +Gigîtum, your young daughter, to wife.</q> The tablet has +only preserved a few lines, from which we cannot be sure +that the marriage took place. The tablet was called a +duplicate of Êzida, showing that it was preserved in the +Nabû temple at Borsippa. +</p> + +<p> +The following case is one of the clearest:<note place='foot'>Nbn. 243.</note> +</p> + +<note place='margin'>Negotiation of a father for his son</note> +<quote rend='display'> +Nabû-nâdin-aḫi, son of Bêl-aḫê-iddin, grandson of Ardi-Nêrgal, +spoke thus to Shûm-ukîn, son of Mushallimu, saying: <q>Give me thy +daughter, Ina-Esaggil-banat, the maiden, to wife, for Uballitsu-Gula, +my son.</q> Shûm-ukîn listened to him and gave his maiden daughter, +Ina-Esaggil-banat to Uballitsu-Gula, his son. He gave also one +mina of silver, three female slaves named, and house furniture, with +Ina-Esaggil-banat, his daughter, as a marriage-portion to Nabû-nâdin-aḫi. +Nanâ-kishirat, the maid of Shûm-ukîn in lieu of two-thirds +of a mina of silver, her full price, Shûm-ukîn gave to Nabû-nâdin-aḫi +out of the one mina of silver for her marriage-portion. +The deficiency, one-third of a mina of silver, Shûm-ukîn will give +Nabû-nâdin-aḫi, and then her marriage-portion is paid. Each took +a writing. +</quote> + +<p> +Here the father negotiates for his son. There is no evidence +of any bride-price being paid. But the examples of +this kind of document are too few for us to establish any +fixed conclusions. In the following case something very +like it appears.<note place='foot'>Nbk. 101.</note> +</p> + +<note place='margin'>Negotiation with a mother for her daughter</note> +<quote rend='display'> +Dâgil-ilâni, son of Zambubu, spoke thus to Ḥammâ, daughter of +Nêrgal-iddin, son of Babûtu, saying: <q>Give me thy daughter, +Latubashinni, she shall be my wife.</q> Ḥammâ listened to him and +gave him her daughter, Latubashinni, to wife; and Dâgil-ilâni, in +the joy of his heart, gave to Ḥammâ for Latubashinni, her daughter, +Ana-eli-bêli-âmur, a maid, for half a mina of silver and a mina and a +half of silver to boot. The day that Dâgil-ilâni shall take a second +wife, Dâgil-ilâni shall give Latubashinni a mina of silver and she +shall go back where she was before. With the cognisance of Shûm-iddin, +son of Ina-êšhi-eter, son of Sin-damaku. +</quote> + +<pb n='126'/><anchor id='Pg126'/> + +<p> +Here the man himself negotiates. The mother gives the +bride. Whether he really buys her is hard to say. The +mother may have adopted the girl to care for her old age, +as was often done. The bridegroom may have compensated +the mother with means to adopt another daughter. What +<foreign rend='italic'>locus standi</foreign> Shûm-iddin had is not clear. He may have +been the real father of the bride and so had to be satisfied +that she was fairly treated by the change in her position. +Or his consent to the bridegroom's alliance may have been +needed. The penalty set down for divorce is not high and +the bride was probably poor; we see she was portionless. +In other cases it was as high as six minas of silver.<note place='foot'>Cyr. +183, B. A. S., iv., p. 7.</note> Occasionally +the deed of marriage also named a penalty for +adultery on the part of the wife. +</p> + +<p> +<note place='margin'>Rôle of the contracting parties</note> +Women were given in marriage. The suitor for her hand +did not perhaps see her until marriage, but this is not likely, +since he is contemplated by the Code as capable of having +cast his eyes upon another, and so desiring to retreat from +his suit. At any rate, he brought presents to her father, +who accepted or rejected him. There is no hint that +the woman had any choice. The result of this power over +the child's marriage was that conditions might be imposed +on the marriage. The bride might be required to do service +to an existing wife, or to the bridegroom's mother. +Further, the disposal of property was not entirely free after +marriage. It depended upon what the father had laid down +in the marriage-settlement on his daughter. It was strictly +limited to the woman's children, and if there were none it +went back to her father's house. +</p> + +<p> +<note place='margin'>Giving away the bride</note> +In early times, the father usually gives the bride. But in a +great many cases this duty fell on the mother. How this came +about we do not usually know. The father being dead, or +the girl illegitimate, seem the best explanations, as a rule. +<pb n='127'/><anchor id='Pg127'/> +In the absence of father and mother, the brother as head of +the family assumed the duty. The examples of this are +common enough.<note place='foot'>See pages <ref target="Pg162">162</ref>, +<ref target="Pg163">163</ref>.</note> +</p> + +<p> +For later times also the examples are numerous of the +power of agnates to give in marriage. It may perhaps be +deduced that the children, in these cases, were young.<note place='foot'>B. +A. S., iv., pp. 14-22.</note> +</p> + +<p> +<note place='margin'>Widows free to dispose of themselves</note> +Women once married, were free to marry again of their +own choice, whether divorced, separated, or widowed. A +betrothed girl, or bride, if her marriage were not yet consummated, +being seduced by her father-in-law, in whose +house she had gone to live, was also free to marry. But it +does not seem that women who were yet virgins could +choose their own husbands. Even princesses were given +in marriage. +</p> + +<p> +<note place='margin'>Consent of bridegroom's father or guardian +requisite for a legal marriage</note> +The man was not altogether free to marry. The Code +contemplates a boy left by the death of his father too young +to marry. The brothers, when they divided the father's +property, were bound to set aside for him, in addition to his +share of his father's property, a sum for a bride-price, and +take him a wife. It seems probable that men married while +still young and living at home. For the Code contemplates +the bride being brought to live in her father-in-law's house.<note place='foot'>§§ +155, 156.</note> +</p> + +<p> +In later Babylonian times, at any rate, the son could not +marry without his father's consent. This we learn from a +suit in high life, in the time of Cyrus.<note place='foot'>Cyr. +312.</note> A high official of +the king's, A, brought a suit against B, who was <q>over the +house,</q> before the nobles and the king's judges. A accused +B and C, an official of his house, of having given a tablet of +marriage-contract of D, a sister of C's, to A's son without +A's consent. Put to the oath, B swore that he did not seal +the tablet. Then D was questioned. Then C acknowledged +that he had drawn up and sealed with B's seal the +<pb n='128'/><anchor id='Pg128'/> +marriage-contract of D to A's son. The judges ordered +D to return to her brother's house. The tablet was to be +broken whenever found. If afterward D should be seen +with A's son, she was to bear the sign of a concubine. +</p> + +<p> +<note place='margin'>The court of registration</note> +From other examples the conclusion is inevitable that if +a woman desired to be a full and proper wife she had to obtain +the consent of her bridegroom's father. Thus we read:<note place='foot'>Cyr. 307.</note> +<q>The day that the woman A is seen with B he shall bring +her to the wedding-house. If she does not say to the master +of the wedding-house: Send for C, the father of B, +then she shall wear the sign of a concubine.</q> Her mother +was present at the sealing of this agreement. From this we +may deduce that weddings took place at a definite spot, +called the <q>wedding-house.</q> The name was literally <q>house +of the males,</q> or <q>of the named ones,</q> and also house of the +<foreign rend='italic'>mâr bânê</foreign>, or <q>sons of ancestors.</q> It is clear that +this was a registration court where all who had pretensions to ancestry, +or were people of position, were enrolled. One whose name +was found there was a man <q>with a name,</q> also a <q>son of +an ancestor.</q> He was probably registered there at birth, +marriage, and death. The master of that house was a registrar +and evidently could marry people. It was expected +in this case that the woman, if she wished to be properly +married, would send for the bridegroom's father, whose consent +was necessary. Another name for the house was <foreign rend='italic'>bît +pirṣatum</foreign>, the meaning of which is obscure. But as Ishtar +was <foreign rend='italic'>bêlit parṣê</foreign>, the <q>lady of +<foreign rend='italic'>the parṣê</foreign>,</q> we may connect it +also with weddings. +</p> + +<p> +<note place='margin'>The bride's dowry</note> +We have seen that the <foreign rend='italic'>terḫatu</foreign>, or present made to the +parents by the suitor before marriage, was usually handed +over to the bride on her going to her husband's house. +There is frequent reference to this essential preliminary. +It had to be carefully laid aside for the young man by his +<pb n='129'/><anchor id='Pg129'/> +mother or brethren, if he had not married in his father's +lifetime, and was secured to him by law, apart from and +above what might come to him as a share of his father's +property. Otherwise he would suffer loss in having to find +it out of his own pocket, when his married brothers had +been provided with the means during their father's lifetime. +Usually it was an amount of silver, one shekel up to three +minas. In later Babylonian times there is little evidence of +the parents receiving gifts. We now and then find it so. +Thus a man gave a slave and a mina and a half of silver +for his wife to her mother,<note place='foot'>Nbk. 101.</note> but it is not clear +whether or not this was to buy her. +</p> + +<p> +<note place='margin'>Her marriage-portion</note> +A far more valuable endowment of the bride was her +marriage-portion. If her father was not alive to give it to +her, the duty fell on his heirs, and she had a right to it over +and above her daughter's share of his property. Thus we +find that the brothers, on giving their sister a share, contract +to further endow her if she marries.<note place='foot'>Page +<ref target="Pg163">163</ref>.</note> +</p> + +<p> +<note place='margin'>Her trousseau</note> +We have one or two lists that show what might be expected +as a trousseau by a Babylonian bride. One which +illustrates the Code<note place='foot'>§ 182.</note> +extremely well, narrates first what had +been given a notary and <hi rend='italic'>NU-BAR</hi> of Marduk by her father +on her taking her vow and entering the temple of Anunitum. +This was his <q>grant</q> to her and was known by the +same name as the marriage-portion of a bride. It included +half a shekel of gold for a nose-ring (?), two shekels of +silver as a finger-ring, another ring of silver of one shekel, +one <foreign rend='italic'>malumsa</foreign>, three cloaks, three turbans, one small seal +worth five minas, two jewels of unknown character, one +bed, five chairs, five different sorts of things apparently +made of reeds, the concubine Suratum, her step-mother. +Unfortunately many of these renderings are still quite conjectural. +It is interesting to note that the father left to his +<pb n='130'/><anchor id='Pg130'/> +daughter his concubine, who was probably a slave, and possibly +really the girl's mother. But now this girl is about to +marry and her own mother, Shubultum, at any rate, her +father's full wife, together with her brothers and sisters, +give her all this property and cause it to enter her husband's +house. They had a reversionary right to her property, +since as a votary she could not alienate it from her +family.<note place='foot'>§ 178.</note> +So now they waive their right, as it will after her +marriage pass to her children, if she has any.<note place='foot'>§ 180.</note> So they are +said to <q>give</q> her what her father had already <q>granted</q> +her. Further, they return to her husband the <foreign rend='italic'>terḫatu</foreign>, of +one-third of a mina of silver, which he had presented to +them.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +10.</note> The marriage-portion could not be reclaimed by the +wife's family at her death if she had children. If she had +none, it went back to her family.<note place='foot'>§§ 162, 163.</note> +</p> + +<p> +<note place='margin'>Nature of the marriage-portion</note> +Another long list, also a <q>grant</q> to a votary, is found +in two documents which contain apparently a complaint of +oppression made to the king. Neither is sufficiently complete +to be decisive as to the purpose of the letters or reports +which are written in the first person. But they are +duplicates as far as they preserve the list and in many other +long phrases. Here is the list: +</p> + +<quote rend='display'> +Four ... of gold, two rings ... each of them one ... +two dishes, carved with <foreign rend='italic'>karakku</foreign> +birds, one dish carved as a lion, whose head is of +<hi rend='italic'>AB</hi> wood, and its border of +<hi rend='italic'>KU</hi> wood, one chair of <hi rend='italic'>KU</hi> +wood, three chairs (of different makes) of <hi rend='italic'>AB</hi> wood, one oil-pot, +<foreign rend='italic'>šalla</foreign>, one oil-pot containing two hundred +<hi rend='italic'>ḲA</hi> of Carchemish work, one mixing-pot of copper, +one <foreign rend='italic'>dupru kanku</foreign> containing thirty +<hi rend='italic'>ḲA</hi>, two <foreign rend='italic'>kundulu</foreign> +of copper, one ... two ..., one for ... +</quote> + +<p> +Although this list is full of words of which the meaning is +obscure as yet, one can see the main drift of it, jewelry, +household furniture, pots and pans, and whatever went to +<pb n='131'/><anchor id='Pg131'/> +the domestic equipment of the house. It is of interest to +note that already Carchemish was celebrated for its +wares.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 19, +B<hi rend='vertical-align: super'>1</hi> 163.</note> +</p> + +<p> +With these lists may be compared the Tell-el-Amarna +lists given in transcription, with a few hints at translation, +by Dr. Winckler.<note place='foot'>K. B., v., pp. 390-404.</note> +They are lists of presents sent by a king +of Egypt to a king of Babylon; by Dushratta, King of +Mitanni, to Nimuria, King of Egypt, as the marriage-portion +of his daughter, Taduḫipa, and another list of her +dowry. The greater part of the names of these articles +defy translation. +</p> + +<p> +<note place='margin'>Later usage</note> +During the Fourth Dynasty of Babylon, the celebrated +Michaux Stone<note place='foot'>K. B., iv., pp. 78 +ff.</note> records the gift of lands by a father to his +daughter on her marriage. From Kassite times we have +a list similar to the above, but not easily translatable. The +supposed examples of dowry in Assyrian times are not really +such. But in the later Babylonian era the marriage-portion +was still given by the father. It bears, however, the name +<foreign rend='italic'>nudunnu</foreign>, once reserved for the husband's free gift to his +wife. The <foreign rend='italic'>nudunnu</foreign>, in one case, is ten minas of silver, +four maid-servants, house-furniture, and the like.<note place='foot'>Camb. +193.</note> It might include sheep and oxen.<note place='foot'>Nergl. +25.</note> See also the later Babylonian laws about the +marriage-portion.<note place='foot'>Page <ref target="Pg069">69</ref>.</note> A long +list might be made out from these sources of the house-furniture,<note place='foot'>B. +A. S., iv., p. 13 f.</note> but +as before we do not know what half of the terms mean. +</p> + +<p> +<note place='margin'>Payment of the marriage-portion</note> +There are many examples of receipts given for the marriage-portion +received in full.<note place='foot'>B. V., 19, 100, 122.</note> Sometimes it was merely +promised. It was not always paid promptly. Law C made +a note of this. The father might have promised a portion, +and even given a deed of gift for it to his daughter. But +if his means have diminished he cannot be held to a literal +fulfilment of the promise. He may do what he can. The +<pb n='132'/><anchor id='Pg132'/> +law adds significantly that <q>father-in-law and son-in-law shall +not oppress one another.</q> We find that actions were frequently +brought to obtain a marriage-portion. We have an +instance where the payment was withheld for nine years.<note place='foot'>Cyr. +143, Camb. 23.</note> +</p> + +<p> +<note place='margin'>Wife's pin-money</note> +A husband might make a settlement on his wife. In the +time of the Code this was called a <foreign rend='italic'>nudunnu</foreign>. It had to be +by deed of gift. It might cover income-producing estate +as well as personal property. But it was hers only for life. +She could leave it as she chose among her children of the +marriage, but not to members of her own family.<note place='foot'>§ 171.</note> We +may regard it as pin-money. Her husband's heirs could +not disturb her possession of it as long as she lived. But +she forfeited it, if she married again.<note place='foot'>§ 172.</note> +</p> + +<p> +<note place='margin'>The period of betrothal</note> +The betrothed maiden did not at once leave her father's +house. This we learn from the Code, which enacts a penalty +on one who should seduce a betrothed maiden living +in her father's house.<note place='foot'>§ 130.</note> +It seems that on both sides betrothal +took place in early life and that the arrangements were in +the hands of the parents. A father was expected to take a +wife for his son. +</p> + +<p> +<note place='margin'>The wedding-ceremony</note> +Neither the Code nor any contracts throw light upon the +marriage-ceremony, but a tablet published by Dr. Pinches +in the Proceedings of the Victoria Institute, 1892-93, reprinted +as <q><hi rend='italic'>Notes on some recent discoveries in the realm +of Assyriology</hi>,</q> contains certain suggestions.<note place='foot'>Pages +35 ff.</note> It is very fragmentary and in the form of an interlinear translation +from the Sumerian. It is not always clear who are the actors +referred to, but we may perhaps take it that the officiating +ministers, priests, or elders, first placed their hands +and feet against the hands and feet of the bridegroom, then +the bride laid her head on his shoulder and he was made to +say to her: <q>I am the son of nobles, silver and gold shall fill +<pb n='133'/><anchor id='Pg133'/> +your lap, you shall be my wife, I will be your husband. +Like the fruit of a garden I will give you offspring.</q> Then +there is a wide gap. But in the next column we seem to +have a further part of the wedding-ritual. The officiating +ministers ceremoniously bound sandals on the feet of the +newly wedded pair, gave them a leather girdle (? or strap) +and fastened to it a pouch or purse of silver and gold. The +further ceremony included placing them somewhere in the +desert. Then turning their faces to the sunset and addressing +the man, the minister says: <q>I swear by the great gods +and you may go.</q> He bids him not to put off the garment +of Ea, nor something belonging to Marduk of Eridu. +Then comes a wide gap, but the fourth column seems to +read <q>until you have settled in the house, until you have +reached the city, eat no food and drink no water, taste not +the waters of the sea, sweet waters, bitter waters, the +waters of the Tigris, the waters of the Euphrates, waters +of the well, nor waters of the river, to fly up to heaven +direct not your wings, to burrow in the earth set not your +dwelling. As a hero, the son of his god, let him be pure.</q> +</p> + +<p> +The passage is very difficult and much of the rendering +is conjectural, but the point of the address seems to be that +the young man was to go straight home, live with his wife, +and be good, as a true child of God. The first column seems +to be an enumeration of men who are cursed with misfortunes, +for example, <q>one whom his mother brought forth +with weeping,</q> and perhaps forms part of a prayer that +the bridegroom may not ever be like such men. We must +hope some day to find a fuller text and so to determine +the connection of the various columns. But it is difficult +to imagine what else the text can be than part of a wedding-ceremony. +</p> + +<p> +<note place='margin'>The first home</note> +The young couple did not always set up a house of their +own; they often went to live with the bridegroom's father. +<pb n='134'/><anchor id='Pg134'/> +This is shown by the penalty fixed by the Code for the seduction +of a daughter-in-law by a father-in-law. The daughter-in-law +was living in his house.<note place='foot'>§ 156.</note> +</p> + +<p> +<note place='margin'>Monogamy prevalent in early days</note> +In the earlier days monogamy prevailed. A man ordinarily +had one wife. Polygamy, however, was not unknown. +For a variety of reasons men did sometimes have +two wives, but these cases were treated as exceptions. A +man might also have a concubine or a slave-girl to bear +him children. These did not bear legitimate children. +He might adopt them, but was not bound to do so. If a +man married twice, the children of both marriages shared +equally in his possessions; but they did not put their +mothers' marriage-portions into a common fund and divide +that equally. The children of the first wife divided +among themselves their own mother's marriage-portion, and +the children of the second marriage did likewise.<note place='foot'>§ 167.</note> +</p> + +<p> +<note place='margin'>Polygamy in later times</note> +In Assyrian times there is clear evidence that among the +slaves and serfs, at least, polygamy was fairly common.<note place='foot'>See +on these points <hi rend='italic'>Assyrian Deeds and Documents</hi>, iii., p. +385 f.; <hi rend='italic'>Assyrian Doomsday Book</hi>, p. 25 f.</note> In +the later Babylonian era polygamy also existed. Wives +might be sisters.<note place='foot'>Camb. 193.</note> We read of a <q>second +wife.</q><note place='foot'>Nbk. 101.</note> But taking +a second wife was held to be a slight upon the first, in +whose marriage-contract the clause was inserted that in +such a case the husband must pay her a mina of silver and +allow her to go back to her father's house. In that case +the man was hardly bigamous. It was a case of divorce, +and perhaps a legal ceremony before judges was also necessary. +</p> + +<p> +<note place='margin'>Concubinage</note> +A man might form a connection with a woman other +than his wife. A concubine was a free woman, but had not +the status of a wife; nevertheless she might bring with her +a marriage-portion, over which she had the same rights as +<pb n='135'/><anchor id='Pg135'/> +a legal wife.<note place='foot'>§ 137.</note> She was taken into the same house as the +wife, but she might not rival her. A man's excuse for taking +a concubine was that his wife was childless. He was +not allowed to take a concubine, even if his wife was childless, +if she gave him a maid to bear him children. Only +when the wife was herself childless and would not allow +him a maid, was he allowed to bring a concubine into his +house. This second wife was married to him. She often +seems to have been bound to serve the first wife and treat +her as her mistress. But she had the same rights as a wife. +If she were put away, the husband had to return her marriage-portion, +if she had any. She had the usufruct of +house, field, and goods. She was not deprived of her children, +but had the custody and education of them. When +they entered into possession of their father's property, she +shared with them, taking the same share as a child. Then +she was free to marry again.<note place='foot'>§ 137.</note> It seems that in any case, +the children of a concubine were full children and with the same +standing as the children of the first wife. The father might +dower his daughter for a concubine; she then had no claim +to share with her brothers and sisters at his death.<note place='foot'>§ 183.</note> But, +if her father had given her no marriage-portion, her brothers +must give her one at the division of his property.<note place='foot'>§ 184.</note> +</p> + +<p> +<note place='margin'>The maid as the wife of her master</note> +The case was different with the maid—a slave who by +her mistress's consent bore children to her master. She +was still a slave and if she rivalled her mistress, or was impertinent +to her, she could be put back again among the +slaves; perhaps even branded. But, if she had borne children, +she was not to be sold as a slave. At the death of her +master she was free. Her children by him were free in any +case. If her master were so minded, he might make them +full sons by verbal acknowledgment. It was enough to +say, <q>my sons.</q> But that he had done so probably had to +<pb n='136'/><anchor id='Pg136'/> +be proved by a witness. A family unacknowledged by the +father would on his death have only a mother. In such a +family the mother was the obvious ruler. We must be on +our guard against mistaking her position, or that of the +concubine above, for examples of matriarchy. If she was +pledged for debt, she could not be sold, she must be bought +back. +</p> + +<p> +<note place='margin'>Marriages and inheritance among slaves</note> +That a slave usually was married to a slave-girl with his +master's consent and even by his direction is quite the rule. +Masters even went so far as to buy a slave-girl to be wife +to a slave. There is no reason to think that the master did +not respect the slave's matrimonial rights. But the slave's +wife was not always owned by the slave's master. Sometimes +she was owned by a different master, or was free. +There was no especial disgrace attaching to becoming the +wife of a slave. A free woman might not only marry a +slave, but bring with her a marriage-portion, as if she had +married in her own rank. The man had no ancestral property, +he was <q>a son of no one.</q> Hence when he died all +the property to be divided consisted of what the married +couple had acquired together, and the wife's marriage-portion. +To the latter she had full and unquestioned right. +The master was his slave's heir. So the property which +the pair had acquired during their married life was divided +into two equal portions. The master took one half, the wife +the other for herself and her children. The children were +all free. When both father and mother were slaves, so +were the children. There was no property then for the +slave-children to inherit.<note place='foot'>§ 176.</note> +</p> + +<p> +<note place='margin'>Data from the contracts</note> +Some further evidence from the contracts is worth noting +here. Documents relating to marriage are not very common +and may have owed their presence in the archives to +some peculiarity in their form. Some are perhaps rather a +<pb n='137'/><anchor id='Pg137'/> +memorandum that the proper formalities have been complied +with. Thus<note place='foot'>M. A. P., 88.</note> we read that <q>A has taken to wife B, +the daughter of C, from C and D his wife, and has paid ten +shekels as <foreign rend='italic'>terḫatu</foreign> to C, her father.</q> The rest is +lost. If it only laid down the penalties for infidelity on either side, +this was quite normal. +</p> + +<p> +<note place='margin'>Fatherless girls</note> +Whenever the mother alone appears, as giving her +daughter in marriage, we may suspect that the father was +dead, or the mother divorced. When the mother is a +votary, we know that such a person was not entitled to +have a daughter at all, and hence we are not surprised that +the <foreign rend='italic'>terḫatu</foreign> offered for the girl is small, +five shekels<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 617.</note> or +even one shekel.<note place='foot'>M. A. P., 92.</note> +So the penalty laid upon the man for +divorcing such a wife is only ten shekels.<note place='foot'>M. +A. P., 90.</note> On the other +hand if she was unfaithful she was to be drowned.<note place='foot'>M. A. P., 90.</note> +</p> + +<p> +<note place='margin'>The marriage of votaries</note> +Very singular are the cases in which a votary marries. +We know from the Code that this sometimes took place; +but the votary seems to have been expected, though married, +to keep her vow of virginity. In one case we read +that a woman first devotes her daughter, <foreign rend='italic'>ullilši</foreign>, +then marries her, and declares at the same time that she is vowed, +<foreign rend='italic'>ellit</foreign>, and that no one has any claim on +her.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 366.</note> +</p> + +<p> +<note place='margin'>Power of agnates</note> +<note place='margin'>Marriage of a king's daughter</note> +In some cases a sister had the power to give her sister in +marriage, with the declaration that no one has any claim +on her.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +394.</note> We may imagine the sisters orphans, without +brothers. The name of their father is, however, given; +and his sons and daughters are mentioned. It seems to be +closely parallel to the case of the marriage of a king's +daughter<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +193.</note> where a sister also gives a sister in marriage. +Here Elmeshu, daughter of the king Ammiditana, is given +in marriage by Zirtum, also daughter of king Ammiditana, +on the order of her brother, Shumum-libshi. The bridegroom +<pb n='138'/><anchor id='Pg138'/> +was Ibku-Anunitum, son of Shamash-limir and +Taram-shullim, his wife. The parents paid for their son +only four shekels as <foreign rend='italic'>terḫatu</foreign>, which Shumum-libshi and +Zirtum received. If the bridegroom repudiated his bride, he +had to pay half a mina. It is not clear what penalty the +bride had to pay if she repudiated her husband. This is +dated in the reign of Ammiditana; but in which year of +his reign does not appear, as the traces of the year-name do +not agree with any in the Chronicle. It must then have +fallen somewhere between the seventh and the twenty-second +years. Hence the father of the princess was alive +at the time. Why had he no hand in the marriage? The +history of the reign is not very well known. Perhaps he +was away from home. His son and successor, Ammizaduga, +whom we may imagine to have been the eldest son, does +not appear in the case. Perhaps he also was away. But it +is remarkable that the king never does directly take part in +any contract. That is probably due to his sacred character. +The young princess was not treated with overmuch +consideration, judging by the smallness of her dowry. +</p> + +<p> +<note place='margin'>Marriage of two sisters to one man</note> +We have a very singular case in the marriage of two sisters +to one man. This has already been translated and +commented upon by Meissner,<note place='foot'>A. P., 89.</note> +Pinches,<note place='foot'>J. R. A. S. 97, pp. 407 ff.</note> +and Sayce.<note place='foot'>B. A. L., p. 27 f.</note> It +is, however, too important to omit here. There are two +tablets concerned with it.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +21 and B<hi rend='vertical-align: super'>2</hi> 2176 +A.</note> The first is the contract between +the husband and his wives. We may render it thus: +</p> + +<quote rend='display'> +Ardi-Shamash took to wife Taram-Saggil and Iltâni, daughters of +Sin-abushu. If Taram-Saggil and Iltâni say to Ardi-Shamash, their +husband, <q>You are not my husband,</q> one shall throw them down +from the <hi rend='italic'>AN-ZAG-GAR-KI</hi>; and if Ardi-Shamash shall say to +Taram-Saggil and Iltâni his wives, <q>You are not my wives,</q> he shall +leave house and furniture. Further, Iltâni shall obey the orders of +Taram-Saggil, shall carry her chair to the temple of her god. The +<pb n='139'/><anchor id='Pg139'/> +provisions of Taram-Saggil shall Iltâni prepare, her well-being she +shall care for, her seal she shall not appropriate (?). +</quote> + +<p> +Then follow ten witnesses, but no date. +</p> + +<p> +The second document seems to be drawn up rather from +the point of view of the sisters. We may render it thus: +</p> + +<quote rend='display'> +Iltâni, the sister of Taram-Saggil, Ardi-Shamash, son of Shamash-ennam, +took to wife, from Uttatum, their father. Iltâni shall prepare +the provisions of her sister, shall care for her well-being, shall +carry her chair to the temple of Marduk. The children which she +has borne, or shall bear, shall be their children. [If Taram-Saggil] +shall say to Iltâni, her sister, <q>you are not my sister</q> [the penalty +is lost]. [If Iltâni shall say to Taram-Saggil her sister], <q>You are +not my sister,</q> one shall brand her, and sell her. If Ardi-Shamash +shall say to his wife, <q>You are not my wife,</q> he shall pay one mina +of silver; and if they say to Ardi-Shamash their husband, <q>You are +not our husband,</q> one shall tie them up and throw them into the river. +</quote> + +<p> +Here there are eleven witnesses, but again no date. +</p> + +<p> +Meissner deduces from the mention of children that +Taram-Saggil was already married. The exact relation between +the sisters is not clear. In one case they seem to be +daughters of Uttatum, in the other of Sin-abushu. Or it +may be that Iltâni alone was daughter of Sin-abushu. If +so, perhaps Uttatum had adopted her. Sayce clearly +thinks so. But they might be daughters of the same +mother by different fathers, one of whom is mentioned in +one case, the other in the other. Or they might really be +children of Sin-abushu, if their mother afterwards married +Uttatum, who was thus their step-father. It is clear that +Iltâni was to wait on her sister, and, if she repudiated her, +was to be treated as a slave. This is exactly parallel to +the status of the slave-maid, whom a wife or votary in the +Code<note place='foot'>§ 146.</note> provided for her husband. Perhaps Taram-Saggil +had become a chronic invalid. A comparison of the two +<pb n='140'/><anchor id='Pg140'/> +texts is interesting in other respects. The penalties differ +curiously. If Ardi-Shamash repudiates his wives, in one +case, he loses house and furniture; in the other case, he +pays one mina. Was one the penalty for repudiating +Taram-Saggil, the other for repudiating Iltâni? But if +they repudiate him, the penalties are different in the two +documents, unless indeed the <hi rend='italic'>AN-ZAG-GAR-KI</hi> be an ideogram +for the <q>steep place</q> from which they were to be +thrown into the water. +</p> + +<p> +<note place='margin'>Marriage with attached conditions</note> +Marriages are not infrequent which impose conditions +upon the husband and wife with relation to outside parties. +Thus a mother gives her daughter in marriage to a man, +on condition that she shall continue to support her mother +as long as she lives. In this case, if the husband put away +his wife, he was to pay one mina of silver; while, if she +hated her husband, she was to be thrown from a pillar, +<foreign rend='italic'>dimtu</foreign>.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 407.</note> This pillar may be the real meaning of the +<hi rend='italic'>AN-ZAG-GAR-KI</hi>, which looks very like an attempt to express +<foreign rend='italic'>zigguratu</foreign>, a tower, in an ideographic way. A very similar +case is where a lady takes a girl to be wife to her son +but stipulates that the wife shall treat her as mistress. +If she shall say to her mother-in-law, <q>Thou art not my +mistress,</q> she shall be branded and sold. As long as the +mother lives, they two together shall support +her.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 707.</note> One +may suspect that such maternal power, as is here shown over +the children, arises from their having been adopted by their +mother in order to provide for her in her old age. This +was often done. The children may have been slaves before +adoption. In the second case, the mother leaves her son all +she has, or may acquire. +</p> + +</div> + +<pb n='141'/><anchor id='Pg141'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XI. Divorce And Desertion</head> + +<p> +<note place='margin'>Early regulations regarding divorce</note> +Divorce is regulated by the Code. The Sumerian laws +seem to regard the marriage-tie as dissoluble on the part +of the man by an act of simple repudiation, accompanied +by a <foreign rend='italic'>solatium</foreign>, fixed at half a mina. The wife, however, +was punished by death for repudiating her husband.<note place='foot'>Law VI.</note> The +Code limits the facility of divorce for the man and renders +it possible for the woman to obtain. +</p> + +<p> +<note place='margin'>Rights of a divorced wife</note> +Divorce of either a wife or concubine involved her being +given a maintenance. The divorced wife had the custody +of her children, if any. They were not disinherited by the +divorce. The divorced woman retained the marriage-portion +which she had brought to the home. She had a +share with her children in the divorced husband's property +at his death. If he married again, the children of both +marriages shared equally. She was also free to marry +again, but apparently not until her children had come into +their share of the late husband's property, therefore not +during his life.<note place='foot'>§ 137.</note> +</p> + +<p> +<note place='margin'>Grounds of divorce</note> +Divorce was permitted on the ground of childlessness. +The husband gave back to his wife all her marriage-portion. +Also he had to give the bride-price which he had paid to +her parents during his courtship, and which they had returned +to him, as a rule, on marriage.<note place='foot'>§ 138.</note> If this bride-price +had not been given, then he paid her a fixed sum of money; +<pb n='142'/><anchor id='Pg142'/> +one mina, if he was a patrician, a third, if he was only a +plebeian.<note place='foot'>§§ 139, 140.</note> A slave does not seem to have had the +liberty of divorce. +</p> + +<p> +<note place='margin'>Protection of the wife's rights</note> +The wife might take a dislike to her husband and set +her face to leave him and deny him conjugal rights. This +was probably equivalent to desertion. Then a judicial +inquiry was required. If his ill treatment or neglect was +made clear and she was blameless, a divorce was granted. +She took her marriage-portion and went back to her +family. But as this was of her own seeking, she received +no alimony.<note place='foot'>§ 142.</note> +It is assumed that it was an unhappy marriage +from the first and that there were no children. +</p> + +<p> +If it were proved that she was a bad wife, she was +treated as an adulteress and drowned.<note place='foot'>§ +143.</note> On the other hand, +even if she were a bad wife, the husband might repudiate +her simply without paying any price for divorce. In this +case there was no suspicion of her infidelity. Or the husband +might degrade her to the position of a slave.<note place='foot'>§ 141.</note> There +is no mention in these cases of a return to her father's +house. +</p> + +<p> +Chronic illness on the part of a wife was not a ground +for divorce. The husband had to maintain her. He might, +however, take a second wife.<note place='foot'>§ +149.</note> If she did not care to remain +in his house in such conditions, she could leave him, take +her marriage-portion and return to her family.<note place='foot'>§ 150.</note> +</p> + +<p> +<note place='margin'>Illustrations from the contracts</note> +We have already seen that the Code regulates the questions +arising out of divorce.<note place='foot'>§§ 136-40.</note> The examples at this period +are but few. In one case a man put away his wife and +she received her price of divorce. It is expressly stated +that she may marry another man and her former husband +will not complain.<note place='foot'>M. A. P., 91.</note> +This document is, however, little more +than an agreement to abide by the terms of the divorce. +</p> + +<pb n='143'/><anchor id='Pg143'/> + +<p> +In another case a marriage-contract names the penalty a +man shall pay for divorcing his wife.<note place='foot'>M. +A. P., 90.</note> In all these cases the word for divorce, +<foreign rend='italic'>ezêbu</foreign>, is literally <q>to put away.</q> But +a man divorced his wife by the simple process of saying, +<q>You are not my wife.</q> He then paid her a fine, returned +her marriage-portion and so on, as laid down in the Code.<note place='foot'>§ 138.</note> +It was far harder for a woman to secure a divorce from her +husband. She could do so, however, but only as the result +of a lawsuit.<note place='foot'>§ 142.</note> As a rule, the marriage-contracts mention +death as her punishment, if she repudiates her husband. +The death by drowning is usually named. This was in accordance +with Law V. of the Sumerian Code. +</p> + +<p> +We may regard repudiation of husband and wife, one by +the other, and desertion as leading to divorce; and therefore +these may be appropriately considered next. +</p> + +<p> +<note place='margin'>Involuntary desertion</note> +Desertion of a wife by her husband might be involuntary. +The Code deals with the case of a man captured by the +enemy. If the wife were left at home well provided for, +she was bound to be true to her absent husband. If she +entered another man's house, she was condemned to death +as an adulteress.<note place='foot'>§ +133.</note> But if she was not provided for, she +might enter another man's house without blame.<note place='foot'>§ 134.</note> There +she might bear children. But, if so, she yet had to go back +to her original husband on his return. The children she +had borne in his absence were to be counted to their real +father.<note place='foot'>§ 135.</note> +That the law provides for such cases points to +the existence of frequent wars, in which fortune was not +always on the side of Babylonia. +</p> + +<p> +<note place='margin'>Voluntary desertion</note> +But the husband might desert his wife voluntarily. +Then, if she was left unprovided for, the wife might enter +another man's house. The errant husband, when he returned, +could not reclaim his wife.<note place='foot'>§ 136.</note> +</p> + +<pb n='144'/><anchor id='Pg144'/> + +<p> +We have a legal decision in a case<note place='foot'>B<hi rend='vertical-align: +super'>1</hi> 2474.</note> where a man had +deserted his wife for twenty years and <q>left her to her +fate, did not love her.</q> During this time a daughter, +whether real or adoptive we are not told, took care of her +mother. To her the mother left property, among other +things, a slave. The mother being dead, the truant husband +returned and claimed the slave from the daughter. He was +nonsuited. +</p> + +<p> +Among the provocations which gave the wife cause for +divorce was the <q>going out</q> of the husband, probably a +euphemism for adultery on his part. Belittling his wife was +another ground for her complaint. What this means is not +quite clear, but we may regard it as persistent neglect. +</p> + +</div> + +<pb n='145'/><anchor id='Pg145'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XII. Rights Of Widows</head> + +<p> +<note place='margin'>The authority of the widow in the home</note> +The Code makes clear what was the position of the widow. +She had a right to stay on in her husband's house until she +died,<note place='foot'>§ 172.</note> but was not +compelled to do so.<note place='foot'>§ 173.</note> If she remained, +she was the head of the family. To her the young sons +looked to furnish them with means to court a wife, and the +daughters for a marriage-portion. She acted in these +matters with the consent and assistance of her grown-up +children. But she might elect to leave the home and remarry. +</p> + +<p> +<note place='margin'>Rights of inheritance</note> +As long as she remained in her husband's home she enjoyed +to the full whatever she had brought there as a marriage-portion, +whatever her husband had settled upon her, +and also received a share from her husband's goods at his +death. The widow's share was the same as a child's. But +she had no power to alienate any of these possessions. The +Code expressly declares that they were her children's +after her.<note place='foot'>§ 171.</note> +The children had no power to turn her out. If +they desired her to leave, the matter came before the law-courts, +and her private wishes were consulted. If she +wished to remain, she might do so, and the judge bound +over the children to allow her to do so.<note place='foot'>§ 172.</note> +</p> + +<p> +<note place='margin'>Later usages</note> +A very clear example of the permanence of the Code +regulations on this subject meets us in the fifth year of +Cambyses.<note place='foot'>Camb. 273.</note> +Ummu-tâbat, daughter of Nabû-bêl-usur, wife +<pb n='146'/><anchor id='Pg146'/> +of Shamash-uballiṭ, son of Bêl-ebarra, a Shamash priest, who +was dead, whose sons were Shamash-eṭir, Nidittum, and +Ardi-Ḥar, swore to Bêl-uballiṭ, priest of Sippara, saying, <q>I +will not remarry, I will live with my sons, I will bring up +my sons to manhood, until they are numbered with the +people.</q> On the day that Ummu-ṭâbat remarries, according +to her bond, the property [of her late husband] which +is in the possession of Bêl-uballiṭ, the priest of Sippara, [she +shall forfeit]. The tablet is defective here, but on the +edge of the tablet we see that the care of her sons was +given her. To remarry is expressed here by the words, +<q>going into the <foreign rend='italic'>bît zikari</foreign>.</q> +</p> + +<p> +<note place='margin'>Remarriage of a widow</note> +A widow could remarry at her discretion. She no longer +had to be given in marriage. She was free to marry the +man of her choice.<note place='foot'>§ 172.</note> +She might take with her her marriage-portion +to her new home, but she had to leave behind any +settlement which her former husband had given her, or any +share of his goods that had come to her at his death. Her +family were not called upon to find any fresh marriage-portion +for her. But she was not completely mistress of +even her marriage-settlement. If she had children of the +former marriage, they and any children of her second marriage +shared her marriage-portion equally. Only she had +the enjoyment of it for life.<note place='foot'>§ 173.</note> +If there were no children of the second marriage, +those of the first took all she left.<note place='foot'>§ 174.</note> +</p> + +<p> +<note place='margin'>Disposal of her first husband's property</note> +We have assumed that when her husband died her +children were old enough to care for themselves. If they +were not, she had no power to enter upon a second marriage +and desert her first family. She was not free to marry at +all without consent of the law-court.<note place='foot'>§ +177.</note> But there is no evidence +that this could be withheld, if proper conditions were +observed. The first husband's property was inventoried and +consent for the second marriage being granted, she and her +<pb n='147'/><anchor id='Pg147'/> +new husband were bound by deed to preserve the whole +estate of the late husband for his children. With that proviso, +the newly married pair entered into full use of the +deceased's property and were bound to educate the children +until grown up. They had no inducement to neglect them, +as in any case none of the deceased's property could ever be +theirs. If the children died, it would all revert to the family +of the deceased. The newly married pair had no further +interest in it than the enjoyment of it until the children +could manage for themselves. They could not alienate any +of it. The sale of even a utensil was not possible.<note place='foot'>§ 177.</note> +</p> + +</div> + +<pb n='148'/><anchor id='Pg148'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XIII. Obligations And Rights Of Children</head> + +<p> +<note place='margin'>Absoluteness of the paternal power over the family</note> +It is customary to say that the father had absolute power +over his children, but it is better to state only what is known +with certainty regarding the extent of his power. The +father could treat his child, or even his wife, equally with +a slave, as a chattel to be pledged for his debts.<note place='foot'>§ 117.</note> We may +therefore conclude that he could sell his child. An actual +example cannot be cited from early times, but they are very +common later. +</p> + +<p> +The son was not capable of entering into an independent +contract with an outside person.<note place='foot'>§ 7.</note> We may assume that +this means simply while yet living in his father's house. +The father had rights over what his son earned. A man +could also hire out his child and take the wages.<note place='foot'>M. +A. P., p. 11.</note> +</p> + +<p> +<note place='margin'>His power of preference</note> +The father had the right to prefer one son above the rest. +He could endow him with house, field, and garden. But +this must be done in his lifetime and by written deed. This +gift did not in any way affect the son's claim to inherit +equally with his brethren on the father's death, when he +took a full share over and above what he had by gift.<note place='foot'>§ 165.</note> +</p> + +<p> +<note place='margin'>His control of his daughters</note> +The father had full power to dispose of his daughters in +marriage. But he was expected to furnish them with a +marriage-portion. This was not obligatory, being probably +a matter of negotiation with the parents of the bridegroom. +In later times the obligation evidently became irksome and +<pb n='149'/><anchor id='Pg149'/> +oppressive, and Law E was passed to relieve the strain. +A father was bound to do his best to fulfil his promise to +dower his daughter, but no more. A father could not +hinder his daughter from becoming a votary.<note place='foot'>§ +178.</note> If he approved her choice, +he might give her a portion, as if for +marriage,<note place='foot'>§ 179.</note> +but he was not compelled to do so. A father +could give his daughter to be a concubine.<note place='foot'>§ 183.</note> +</p> + +<p> +The father's consent was also needed to his son's marriage.<note place='foot'>Page +<ref target="Pg127">127</ref>.</note> +He had to provide the youth with a bride-price, +and secure a wife for him.<note place='foot'>§ 166.</note> +</p> + +<p> +<note place='margin'>The age of majority</note> +It is not easy to determine when children ceased to be +under the paternal power. Betrothed daughters remained +in their father's house; so did married sons sometimes. +Whether the birth of a child, making the young man himself +a father, freed him as head of a family, or whether +it was entering a house of his own, we cannot yet say. +</p> + +<p> +<note place='margin'>Punishment of unfilial conduct</note> +The Sumerian laws are very severe upon a child's repudiation +of a father. That degraded him to the status of a +slave. He might also be branded. Obviously he was disinherited. +The repudiation is expressed in the words, <q>You +are not my father,</q> but it may be intended to cover all unfilial +conduct. The Code is more explicit. If a son struck +his father, his hands were cut off.<note place='foot'>§ 195.</note> +</p> + +<p> +<note place='margin'>Disinheritance</note> +The Sumerian laws preserved the father's rights to disinherit +the son by a simple repudiation, saying, <q>You are not +my son.</q> The son then had to leave house and enclosure. +The Code limits this power. It insists on legal process and +good reason alleged. Also it was not allowed for a first +offence on the son's part.<note place='foot'>§ 168.</note> +</p> + +<p> +<note place='margin'>Relations of mothers and sons</note> +The mother was in much the same position of authority +as the father. A son who repudiated his mother was +branded and expelled from house and city. He was not, +<pb n='150'/><anchor id='Pg150'/> +however, sold as a slave. The Sumerian laws also reserved +to the mother the right to repudiate her son, and he must +quit house and property. The Code gives no such power to +mothers. Indeed, we find examples of a son disputing with +a mother.<note place='foot'>M. A. P., p. 15.</note> +Mothers took up the father's place toward the +children on the death of the father as regards marriage-portions, +bride-price, and other family affairs. But they usually +acted in concert with the elder children. +</p> + +<p> +<note place='margin'>Duties to adoptive parents</note> +The repudiation of adoptive parents was a very grievous +sin, especially on the part of those who were children of +parents who were forbidden to have children. Something +worse than illegitimacy was their lot. The penalties of +having the eye torn out, or the tongue cut out,<note place='foot'>§§ 192, 193.</note> +show the abhorrence felt for their ingratitude. +</p> + +</div> + +<pb n='151'/><anchor id='Pg151'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XIV. The Education And Early Life Of Children</head> + +<p> +<note place='margin'>Number and importance of scribes</note> +Much has been made of the knowledge of writing shown +by the Babylonians and Assyrians. The ability to draw up +deeds and write letters seems at first sight to have been +widely diffused. In the times of the First Dynasty of Babylon +almost every tablet seems to have a fresh <foreign rend='italic'>tupšar</foreign>, or +scribe. Many show the handiwork of women scribes.<note place='foot'>Page +<ref target="Pg084">84</ref>.</note> But +most of the persons concerned in these documents were of +the priestly rank. There is no evidence that the shepherds +or workpeople could write. In the Assyrian times the +scribe was a professional man. We find <foreign rend='italic'>aba</foreign> +or <foreign rend='italic'>tupšar</foreign> +used as a title. So, too, in later Babylonian times. The +witnesses to a document can only be said to sign their names +in so far as that they impressed their seals. This was done, +at any rate, in early times. In the Assyrian period the +only parties who sealed were the owners of the property +transferred to a new owner. The whole of a tablet shows +the same handwriting throughout. Anyone who reads carefully +through the facsimile copies in <hi rend='italic'>Cuneiform Texts</hi> can +readily see this. Different scribes, especially in early times, +wrote differently, but this was still the case in Assyrian +days. Yet no change of hand can be noted anywhere in +one document, save where, as in the forecast tablets, a date +or note was added by a different person, often in Assyrian +script, to a text written in Babylonian. The only safe +<pb n='152'/><anchor id='Pg152'/> +statement to make is that from the earliest times a very +large number of persons existed, at any rate in the larger +towns, who could write and draw up documents. +</p> + +<p> +<note place='margin'>Sumerian words and expressions in the legal literature</note> +The use of Sumerian terms and phrases in the body of a +document written in Semitic Babylonian might be ascribed +to a mere tradition. But they were no meaningless formulæ. +The many variations, including the substitution of +completely different though synonymous words, show that +these Sumerian phrases were sufficiently understood to be +intelligently used. In later times they either disappear altogether, +or are used with little variation. They had become +stereotyped and were conventional signs, doubtless +read as Semitic, though written as Sumerian. Our own retention +of Latin words is a close parallel. The First Dynasty +of Babylon was bilingual at any rate in its legal documents, +though the letters are all pure Semitic. The earlier +documents show few signs of Semitic origin, though its influence +can be traced as far back as we can go. +</p> + +<p> +<note place='margin'>Schools</note> +The discovery at Sippara of a school dating from the +First Dynasty of Babylon is very fully worked out by Professor +Scheil in <hi rend='italic'>Une Saison de fouilles à Sippara</hi>, pp. 30-54. +Professor Hilprecht gives further details in <hi rend='italic'>Explorations +in Bible Lands</hi>, pp. 522-28 and <hi rend='italic'>passim</hi>. +</p> + +<p> +The methods of learning to write and the lessons in Sumerian +are well described by these authors, and illustrated by +numerous extant examples of practice-tablets. The subjects +were very numerous and included arithmetic, mensuration, +history, geography, and literature. As Dr. Pinches has +shown by his edition of some of these practice-tablets,<note place='foot'>P. +S. B. A., xviii., pp. 250-56; xxiii., pp. 188-210.</note> +these contain very valuable fragments of otherwise lost or +imperfectly known texts. +</p> + +<p> +<note place='margin'>Apprenticeship</note> +Slaves were often bound as apprentices to learn a trade +or handicraft. A man might adopt a child to teach him his +<pb n='153'/><anchor id='Pg153'/> +trade, and his duty to him was sufficiently discharged by +doing so. +</p> + +<p> +<note place='margin'>Naming of children</note> +We do not yet know in any authoritative way, when or +with what ceremonies children were named. In the case of +slaves we have a boy, still at the breast,<note place='foot'>Nbd. +832, Nbk. 67.</note> or a girl of three +months, not named.<note place='foot'>Nbk. 100.</note> +On the other hand, a girl still at the +breast is named. Hence Meissner concludes, that at the +end of one year, at latest, the child was given a name.<note place='foot'>D. +S., p. 24, note.</note> But +the usage with respect to slaves is hardly a rule, and, as +appears from the above, they were not consistently named. +</p> + +<p> +<note place='margin'>Rearing of babies</note> +A child seems often to have been put out to nurse. From +the phrase-book we learn that a father might <q>give a child +to a wet-nurse to be suckled, and give the wet-nurse food +and drink, oil for anointing, and clothing for three years.</q><note place='foot'>II. +R. 9, 28 cd. ff.</note> +That this was not only done with adopted children is clear +from the Code;<note place='foot'>§ 194.</note> where we find a severe penalty laid on a +wet-nurse, who substitutes another child for the one intrusted +to her, without the parents' consent. +</p> + +<p> +<note place='margin'>Number of children who could read and write</note> +It will hardly do to interpret the phrase-book<note place='foot'>II. +R. 9, 66 cd.</note> as meaning that all children were made to learn writing. But that +this was commonly done is evident from the number, both +of men and women, who could act as scribes.<note place='foot'>Page +<ref target="Pg082">82</ref>.</note> +</p> + +</div> + +<pb n='154'/><anchor id='Pg154'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XV. Adoption</head> + +<p> +<note place='margin'>Frequency and reasons for adoption</note> +Adoption primarily means a process by which parents +could admit to the privileges of sonship children born of +other parents. There were many reasons which might impel +them to such a course. If they were childless, a natural +desire for an heir might operate. But under the Babylonian +law a man might take a second wife, or a maid, if his wife +were childless, to bear him children. A more operative +cause was that children were a source of profit to their +parents while they remained with them. But it seems that +men married early. Hence this alone does not seem sufficient +to account for the great frequency of adoption. Besides, +in that case, what induced a parent to part with his +child for adoption? It seems that the real cause most often +was that the adopting parents had lost by marriage all their +own children and were left with no child to look after them. +They then adopted a child whose parents would be glad to +see him provided for, to look after them until they died, +leaving him the property they had left after portioning their +own children. +</p> + +<p> +<note place='margin'>Children who might be adopted</note> +The Code admits all kinds of adoption, but regulates the +custom. A man might adopt an illegitimate son, or the +child of a votary or palace-warder, who had no right to +children, or the child of living parents. In the latter case +alone was the parents' consent necessary. We have examples +of cases of adoption of relatives, of entirely unrelated +<pb n='155'/><anchor id='Pg155'/> +persons, of a slave even.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +54.</note> We learn from the series <foreign rend='italic'>ana +ittišu</foreign><note place='foot'>II. R. 9, 28 cd. ff.</note> +that a man might take a young child, put it out to +nurse, provide the nurse with food, oil for anointing, and +clothing, for a space of three years; and then have it taught +a trade or profession, such as that of scribe.<note place='foot'>M. A. P., p. 15.</note> +</p> + +<p> +<note place='margin'>The method of procedure</note> +Adoption was effected by a deed, drawn up and sealed +by the adoptive parents, duly sworn to and witnessed. +Such contracts definitely state the relationship, which was +in all respects the same as that of a son born in matrimony. +But it laid down the obligations of the son, while it stipulated +what was the inheritance to which he might expect to +succeed. It brought responsibilities to both parties and +fixed them. The son was bound to do that which a son +would naturally have done, explicitly, to maintain his +parents while they lived. The parents were bound, not +only to leave him property, but to treat him as a son. But, +as a rule, all was matter of contract and carefully set down. +If such a contract was not drawn up, although the adoptive +parents had brought him up, the child must return to his +father's house.<note place='foot'>§ 199.</note> +Only, for an artisan, it was sufficient to +have taught the child his trade.<note place='foot'>§ 188.</note> +</p> + +<p> +So far as our examples go, some color might be given to +the suggestion that adoption was always merely for the convenience +of old people who wanted to be taken care of. But +we know that children were adopted on other grounds. +That they were children and not always grown-up men and +women is clear from the above. This we may regard as +adoption pure and simple. Other cases are a legal method +of making provision for old age, or for other purposes for +which an heir as legal representative was desirable. In +the case of no legal heir, the property went back to the +next of kin. +</p> + +<pb n='156'/><anchor id='Pg156'/> + +<p> +<note place='margin'>Adoption pure and simple</note> +That such a process did take place in Babylonia is made +clear by the Code.<note place='foot'>§ 185 ff.</note> +But few examples are known where a +father takes into his family an additional child. The case, +in which the son is not only adopted by parents who have +a family living, but is ranked as their eldest son, deserves +reproducing in full.<note place='foot'>M. A. P., 95.</note> +</p> + +<quote rend='display'> +Ubar-Shamash, son of Sin-idinnam, from Sin-idinnam, his father, +and Bititum, his mother, have Beltum-abi and Taram-ulmash taken +to sonship, and let him be the son of Beltum-abi and Taram-ulmash. +Ubar-Shamash shall be their eldest son. The day that Beltum-abi, +his father, and Taram-ulmash, his mother, say to Ubar-Shamash, their +son, <q>You are not our son,</q> he shall leave house and furniture. The +day that Ubar-Shamash shall say to Beltum-abi, his father, or Taram-ulmash, +his mother, <q>You are not my father or my mother,</q> one +shall brand him, put fetters upon him, and sell him. +</quote> + +<p> +Both parents of the adopted son were living. That the +son is to be reckoned eldest implies that the adopting parents +had other children. This is made clear in one case +where the adoptive parents are expressly said to have five +children.<note place='foot'>M. A. P., 98.</note> +In another case where a child is adopted a certain +person is expressly said to be his brother.<note place='foot'>M. A. P., 97.</note> +</p> + +<p> +<note place='margin'>Consent of other members of the family involved</note> +The existing members of the family had a real interest +in the proceeding. For, as inheriting with them, the addition +of another son could not but affect their prospects. We +may wonder what influenced them to consent. That they +did consent is clear from the often-occurring covenant by +which they bound themselves not to object. One explanation +may be that they had grown up and left home and +were anxious for the welfare of their parents, but could not +arrange to look after them themselves. Hence for their +parents' sake they were willing to forego their share, or +submit to a stranger taking precedence of them, or in some +cases to give up all claim to the property in their parents' +<pb n='157'/><anchor id='Pg157'/> +possession in return for being relieved of the responsibility +of looking after them. Of course, when the adopted son +was only taken in as one, even the eldest, among several, he +would only have a share at the parents' death. But it even +seems that the children might of their own motion adopt a +brother to be son to their parents.<note place='foot'>M. A. P., 94.</note> +</p> + +<p> +<note place='margin'>Disinheritance of a son</note> +The clause which implies disinheritance in case the parents +repudiate the son, or he repudiates them, could only +be enforced by a law-court.<note place='foot'>§ 168.</note> +But it was nevertheless most +regularly inserted in the contract. In one case the document +merely consists of it,<note place='foot'>M. A. P., +93.</note> leaving us to infer that an +adopted son was concerned. But this is not absolutely certain. +The son might have been rebellious to his mother, +who was therefore minded to cut him off, and this may be +the result of her bringing her son before the judge. The +judge was bound to try and conciliate the parties.<note place='foot'>§ 168.</note> Hence, +not infrequently the son was bound over not to repeat the +offence on pain of disinheritance, while the mother retained +her right to disinherit. There was no mention of his being +sold for a slave, or branded, as was usual when a son was +adopted and then repudiated his parents. +</p> + +<p> +According to the contracts entered into by the parties, +parents could repudiate adopted sons. This was contrary +to the law by which the consent of the judge was needed +for disinheritance. It seems to be an attempt to contract +without the support of the law. The son was then to take +a son's share and go away.<note place='foot'>M. A. P., 98.</note> +</p> + +<p> +<note place='margin'>Form of adoption</note> +The word <foreign rend='italic'>aplûtu</foreign>, +abstract of <foreign rend='italic'>aplu</foreign>, <q>son,</q> and therefore literally +<q>sonship,</q> being also used to denote the relation of a +daughter to a parent, came to denote the <q>share</q> which +a son or daughter received. If a man adopted a son, he +granted him an <foreign rend='italic'>aplûtu</foreign>, +or <q>sonship,</q> and this carried with +it a material property. But the father, while still living, +<pb n='158'/><anchor id='Pg158'/> +might grant the son his <foreign rend='italic'>aplûtu</foreign> and stipulate for +maintenance during the rest of his life. Such a grant begins with +<foreign rend='italic'>aplûtu ša</foreign> B, where B is the son. +But it by no means follows that +B is an adopted son. The question is only decided for us +when the parentage of B is given. If he is said to be the +<q>son of C,</q> then we know that A giving him <q>sonship</q> +must mean that A adopted him. But if B is merely indicated +as the son of A, we cannot tell whether he was born +to A, or only adopted by A. +</p> + +<p> +<note place='margin'>Phrases which express the idea</note> +So when the property given to B is in his power to dispose +of later as he may choose, this privilege is expressed by +the words, <q>he may give his sonship to whom he chooses.</q> +The choice is sometimes expressed as <q>that which is good +to his heart,</q> or <q>in his eyes,</q> or <q>whom he loves.</q> A +modified choice is often mentioned, as when it is said that +a votary may leave her <q>sonship</q> after her to whom she +likes <q>among her brothers.</q> +</p> + +<p> +<note place='margin'>Settlements which assume adoption</note> +We have a large number of documents which make reference +to the <foreign rend='italic'>aplûtu</foreign> of a certain person, which we can render +here by <q>heritage.</q> These are especially common on +the part of votaries. As we have seen, they were not supposed +to have children of their own, but possessed the right +to nominate their heir within limits. In return for exercising +this right in favor of a certain person, they usually +stipulated that such person shall maintain them as long as +they live and otherwise care for them. Even outside actual +deeds of heritage, we find references to property derived +from votaries subject to certain duties. Such dispositions +of property are closely related to a will or testament, +but anticipate the death of the testator. They are really +settlements for the future, which exactly answers to the title +given them by the Babylonian scribes, <foreign rend='italic'>ridit warkati</foreign>. +</p> + +<p> +The following example makes these details +clear:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 565.</note> +</p> + +<pb n='159'/><anchor id='Pg159'/> + +<quote rend='display'> +The heritage of Eli-eriṣa, votary of Shamash, daughter of Shamash-ilu. +Belisunu, votary of Shamash, daughter of Nakarum, is the +caretaker of her future life. One-third <hi rend='italic'>GAN</hi> of unreclaimed land in +Karnamkarum, next the field of Issurîa, one <hi rend='italic'>SAR</hi> house in Ḥalḫalla, +next the house of Nakarum, one-third <hi rend='italic'>SAR</hi> four +<hi rend='italic'>GIN</hi> in Gagim, one +maid Shala-beltum, price ten shekels of silver, all this for the future in +its entirety, what Eli-eriṣa, votary of Shamash, daughter of Shamash-ilu, +has or shall acquire, she gives to Belisunu, votary of Shamash, +daughter of Nakarum. Every year Belisunu shall give to Eli-eriṣa +three <hi rend='italic'>GUR</hi> of corn, ten minas of bronze, +and twelve <hi rend='italic'>ḲA</hi> of oil. +</quote> + +<p> +<note place='margin'>Precautions against suits</note> +The <foreign rend='italic'>aplûtu</foreign> +thus given was in many cases an alienation of +property on which some relative had claims. Even where +their consent was not necessary it was desirable that they +should not involve the heir in legal processes. Hence, such +relatives are called up to covenant that they will raise no +objection to the heir's peaceable +succession.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 368.</note> +</p> + +<p> +<note place='margin'>Duties of adopted child to parents' support</note> +The obligation to support the adoptive parent is emphasized. +The amount of sustenance varies much. Another +list of yearly allowances reads one shekel of silver, woollen +yarn, six <hi rend='italic'>ḲA</hi> of oil, four +<foreign rend='italic'>išinni Shamašh</foreign>, +ten <hi rend='italic'>ḲA</hi> of fat, one +side, two <hi rend='italic'>GUR</hi> of corn. Many others could be instanced, +but they make no great addition to our knowledge. +</p> + +<p> +<note place='margin'>Service</note> +The obligation might be service; as when a lady adopts +a maid to serve her for life and inherit a certain +house.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 375.</note> In +another case a lady adopts a son to bring up her daughter +and give her to a husband. <q>If he vexes his adoptive +mother, she will cut him off. He shall not have claim on +any of the goods of his adoptive mother, but shall inherit +her field and garden.</q><note place='foot'>B<hi rend='vertical-align: super'>3</hi> +2484.</note> Evidently the mother intended her +personal effects to be her daughter's and to form her marriage-portion. +The obligation did not always last long. +Thus we find that Lautum, who was adopted by a votary +and was herself a votary, two years later was in a position +to adopt as her daughter another votary.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 609.</note> She handed on +<pb n='160'/><anchor id='Pg160'/> +the same property, indicating that her adoptive mother was +dead. +</p> + +<p> +The adoption of a child by a lady of fortune was evidently +a good settlement for the child, and usually the real +parents raised no objection. We even find the father of a +girl adopted by a lady, making an addition to her heritage +in the form of a gift to the adopting mother on her effecting +the deed of adoption. He gave them two male and two +female slaves. Here also the girl covenanted to support +the adoptive mother.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +2489.</note> +</p> + +<p> +<note place='margin'>Punishment for neglect of these duties</note> +Occasionally the adopted child did not carry out his +duties. This was good ground for disinheriting him. +But disinheritance was not to be inflicted without the sanction +of the judges.<note place='foot'>§ 168.</note> Hence we find that when a lady had +adopted a daughter who failed to give her food and drink, +the judges summoned them to the great temple of Shamash +in Sippara, there cut off the daughter from her heritage, took +away the tablet of adoption granted her, and destroyed +it.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 360.</note> +</p> + +<p> +<note place='margin'>Care of aged parents</note> +A curious case is where A, the daughter of B and C, endows +D to take care of B and C. As long as D lives A +covenants to allow her so much. When she dies A will +herself perform the duties.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2460.</note> Here A evidently expected +her parents would not live long, but also D must have been +aged, or infirm, as A contemplates the chance of her parents +outliving D. This is not a case of adoption, but is so similar +in purpose to those above as to deserve a place here. +</p> + +<p> +<note place='margin'>Inheritance rights</note> +Occasionally, however, the adopting parent reserved the +usufruct of the property for life only, fixing by deed the +rightful heir.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2179.</note> This was, in effect, a will or testament, since +the inheritance did not take effect until after the death of +the testator. +</p> + +</div> + +<pb n='161'/><anchor id='Pg161'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XVI. Rights Of Inheritance</head> + +<p> +<note place='margin'>The division of an inheritance</note> +The division of property among the children invariably +followed the death of the father. We have a very large +number of contracts bearing on this custom. The contract +sets forth the particulars of the division and includes a +sworn declaration on the part of the recipients to make no +further claim. There were certain reservations to be made +in the case of minors, for whom a portion had to be set +aside to provide for their making the proper gifts to the +parents of their brides on marriage. +</p> + +<p> +<note place='margin'>Usage as illustrated by the contracts</note> +The Code deals at length with the laws of inheritance, +which are best treated under the head of marriage. The +actual examples occurring in the documents of the period +serve to illustrate the practical working of these laws, but +hardly add to our knowledge. They are usually occupied +with the division of property among brothers. Sometimes +we have some light on the reservations made in favor of +other members of the family. Thus two brothers divide +the property of their <q>father's house</q> and of their sister, +a votary. The sister did not take her property, but the +brothers were trustees for her enjoyment of it during her +life, when it reverted to them in full.<note place='foot'>M. +A. P., 105.</note> The document +merely states the amount of one brother's share and the +other's agreement to be content with the division. In another +case, where four brothers share the property of their +<pb n='162'/><anchor id='Pg162'/> +<q>father's house,</q> no details of their shares are given, but only +their agreement to abide by the division made.<note place='foot'>M. +A. P., 106.</note> In another +case the eldest brother allots to each of two younger +brothers a share and takes a woman slave and her children +as his portion. He is said to do this of his <q>own power,</q> +<foreign rend='italic'>ina emur ḳamanišu</foreign>, and to have given them this of his +<q>own graciousness,</q> <foreign rend='italic'>ina tûbâtišu</foreign>. The brothers +swear to make no further claim on the <q>grant,</q> +<foreign rend='italic'>maršîtu</foreign>, of their father. +Either the property to which they were legally entitled had +already been allotted them, or possibly they had no legal +claim on any. The eldest brother is a high official, a +<foreign rend='italic'>pa-pa</foreign>, and perhaps had succeeded his father in office. +The father's property would then be the endowment of his +office, a grant from the king, and as such inalienable from +the office to which the eldest son had succeeded. The three +slaves may have thus been all the private property of the +father which was available for division. But the context +seems to suggest that what the brothers received was a concession +from the eldest brother on which they had no claim. +He may in consideration of his succeeding to his father's +appointment have made this concession to his brothers as a +consolation.<note place='foot'>M. A. P., 107.</note> +In another case a mother gives certain sums +to her three sons. She had still left two sons and two +daughters, and the first three agree to make no claim on +all that she and these four children have or shall acquire.<note place='foot'>M. +A. P., 109.</note> It is noteworthy that one of the three receives ten shekels +as the <foreign rend='italic'>terḫatu</foreign> of the wife he shall marry. He was +evidently not of marriageable age, or, at any rate, still unmarried. +In such a case the Code directed that on partition of +the father's property, a special sum should be laid aside for +this necessary present to the bride's father.<note place='foot'>§ 116.</note> So we find +two brothers giving a sister a share consisting of one-third +<hi rend='italic'>SAR</hi> of a house, next her brother's, one maid, a bed and a +<pb n='163'/><anchor id='Pg163'/> +chair, with the promise that on the day that she marries and +enters her husband's house she shall receive further two-thirds +<hi rend='italic'>GAN</hi> of land and +slaves.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 33.</note> +The list of property is +often given, especially where brothers give shares to their +sisters. Sometimes the relationship is less close. Thus a +man shares with two sons of his father's brother, <hi rend='italic'>i.e.</hi>, with +two cousins, ten <hi rend='italic'>SAR</hi> of unreclaimed land, taking three and +a half <hi rend='italic'>SAR</hi> as his +share.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 12.</note> +Sometimes the property included +the mother's marriage-portion. Thus three brothers divide +their property and two of them, as her sons, share their +mother's marriage-portion:<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +14.</note> +</p> + +<note place='margin'>Division of property between three brothers</note> +<quote rend='display'> +One <hi rend='italic'>SAR</hi> of built land and granary, next the house of Ubarrîa and +next that of Bushum-Sin, two exits to the street, the property of +Urra-nâṣir, which he divided with Sin-ikisham and Ibni-Shamash. +From mouth (?) to gold the share is complete. Brother shall not +dispute with brother. By Shamash, Malkat, Marduk, and Sin-mubaliṭ +they swore. Nine witnesses. Thirteenth year of +Sin-mubaliṭ.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 60.</note> +</quote> + +<p> +The property which fell to Urra-nâṣir was a house occupying +one <hi rend='italic'>SAR</hi> of land. The text means not that the three +men, Urra-nâṣir, Sin-ikisham, and Ibni-Shamash, divided the +house among them, but that at the division this house was +the share of the first named. What the two, Sin-ikisham +and Ibni-Shamash, had as their share we are not here told. +But the three agreed not to call in question the division of +property, which probably came to them from their father or +mother. Fortunately we know in this case what the others +got. Thus we find: +</p> + +<quote rend='display'> +One <hi rend='italic'>SAR</hi> of built land, (and) granary, next the house of +Ibni-Shamash and next the street, its exit to the street, the property of Sin-ikisham, +which he divided with Ibni-Shamash and Urra-nâṣir. From +mouth (?) to gold the share is complete. Brother shall not dispute +with brother. By Shamash, Malkat, and Sin-mubaliṭ they swore. +Nine witnesses. Thirteenth year of +Sin-mubaliṭ.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +31 = M. A. P., 103.</note> +</quote> + +<pb n='164'/><anchor id='Pg164'/> + +<p> +And again: +</p> + +<quote rend='display'> +One <hi rend='italic'>SAR</hi> of built land, (and) granary, +next the house of Sin-ikisham +and next the house of Ishtar-Ummasha, two exits to the street, the +property of Ibni-Shamash, which he divided with Sin-ikisham and +Urra-nâṣir. From mouth (?) to gold the share [is complete]. Brother +shall not dispute with brother. By Shamash, Malkat, Marduk, and +Sin-mubaliṭ they swore. Nine witnesses. Thirteenth year of +Sin-mubaliṭ.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +46 = M. A. P., 104.</note> +</quote> + +<p> +Thus we see that each brother, if they were brothers, +obtained exactly the same share, one <hi rend='italic'>SAR</hi> of land on which +a house was built. Two of them, Sin-ikisham and Ibni-Shamash, +were next door to each other. Ibni-Shamash had +the street on the other side of him, in fact, occupied a +corner house. The third brother, Urra-nâṣir, had a house +in another part of the town. We therefore must understand +the word <q>divided</q> in the sense <q>obtained on division.</q> +In the second and third case the word rendered +share is literally <q>all.</q> But the first text shows that <q>all +is complete</q> means <q>the share is complete.</q> The meaning +of the expression, <q>from mouth (?) to gold,</q> is still obscure. +It is not certain that <foreign rend='italic'>bi-e</foreign> really means <q>mouth.</q> +But as Meissner has shown,<note place='foot'>M. A. P., p. +145.</note> it exchanges with the ideogram +for <q>mouth.</q> He therefore suggests that the whole phrase +means <q>from the first verbal discussion of the division to its +consummation by payment the partition of the property is +now at an end.</q> That seems probable enough, but we may +yet find a different explanation. If this be correct, it is of +interest to note that while silver seems to have been the +usual money, this phrase seems to assume that gold would +be used in payment. A curious parallel is the fact that +while in later times we always find the order gold and +silver, in Sumerian texts it is silver and gold. We must +not press this too far, but it really looks as if in early +<pb n='165'/><anchor id='Pg165'/> +times silver was more valued, or at any rate, less in use +than gold. +</p> + +<p> +It will be noted that the second text omits Marduk from +the oath, while the others name him. The third text omits +<foreign rend='italic'>gamru</foreign>, <q>is complete.</q> +The nine witnesses and the date +are the same for all three. In the first and last the names +of the witnesses only are given, but in the second the name +of the father is added to several of them. +</p> + +<p> +<note place='margin'>The great difficulty of interpreting details in testamentary +documents</note> +In the case of testamentary documents, using the phrase +in a loose way to cover gifts embodied in a deed, we usually +find a list of property donated. These lists give rise to +insuperable difficulties to the translator. The difficulties +are not so much due to the imperfections of our knowledge +of Babylonian methods of writing as to the practical impossibility +of finding exact terms in one language for the +terms relating to domestic furniture in another. Even in +the case of languages so well known to us as French and +German are, we are obliged to transfer their words unaltered +into our own tongue. The most skilled translator must +leave a French or German <emph>menu</emph> untranslated. We know +for instance that the signs, <hi rend='italic'>GIŠ-GU-ZA</hi> were used to denote +the Babylonian <foreign rend='italic'>kussû</foreign>. When a god or king sat upon a +<foreign rend='italic'>kussû</foreign> we may be satisfied with the rendering +<q>throne,</q> but when we find a lady leaving her daughter six +<foreign rend='italic'>kussê</foreign> +we feel that <q>throne</q> is rather too grand. But whether +we elect to call them chairs, stools, or seats, we are guilty +of some false suggestion. A careful examination of the +sculptured and pictured monuments may give us a clearer +idea of what seats were used. The reader may consult +Perrot and Chipiez, or the dictionaries of the Bible, under +the articles: chairs, couches, <hi rend='italic'>et cetera</hi>, for illustrations. +Unless we can find a picture with a named article upon it +we are still left a wide margin of conjecture. The picture +of Sennacherib receiving the tribute and submission of +<pb n='166'/><anchor id='Pg166'/> +Lachish gives the contemporary representation of a <foreign rend='italic'>kussû +nimedu</foreign>, but we cannot argue that every +<foreign rend='italic'>kussû</foreign> was of the +same pattern. +</p> + +<p> +We may decline to attempt a solution and merely give +the original word, we may make a purely arbitrary rendering, +or we may accompany the original word with an approximate +indication of what is known of its nature. In neither +case do we translate, for that is clearly impossible. But +the reader needs a word of caution against the translations +which show no signs of hesitancy. They are not indicative +of greater knowledge, but of less candor. Further, to +scholars a reminder is needed that even the syllabaries and +bilingual texts do not give exact information. Thus alongside +<hi rend='italic'>GIŠ-GU-ZA</hi> we find a number of other ideograms, all +of which are in certain connections rendered <foreign rend='italic'>kussû</foreign>, +adequately enough no doubt, but that they all denoted exactly +the same article of furniture is far from likely. A closer +approximation to an exact rendering may come with the +knowledge of a large number of different contexts, each of +which may shade off something of the rough meaning. One +of the great difficulties of the translator is that the same +word often occurs again and again, but always in exactly +the same context. This is especially the case in the legal +documents, filled as they are with stock phrases. +</p> + +<p> +<note place='margin'>Disinheritance in the Sumerian laws</note> +According to the Sumerian laws disinheritance appears +to have been simply the result of repudiation of a child by +a parent, who has said to him, <q>You are not my son.</q> The +penalty for a child's repudiation of parents is to be reduced +to the condition of a slave. There may also be a reference +to renunciation on the part of an adopted child, but there +are no legal documents to clear up the point.<note place='foot'>See page +<ref target="Pg039">39</ref>.</note> +</p> + +<p> +<note place='margin'>In the Code of Ḥammurabi</note> +The Code is much clearer. Here the father is minded +to cut off his son. But the disinheritance must be done in +<pb n='167'/><anchor id='Pg167'/> +legal form. The father must say to a judge, <q>I renounce +my son.</q> The judge must then inquire into the grounds of +this determination. A grave fault must be alleged. What +this was we are not told. But rebellious conduct, idleness, +and failure to provide for parents are probable. A parent +had the right to his son's work. An adoptive parent had a +right by the deed of adoption to maintenance. If the fault +could be established as a first offence, the judge was bound +to try and reconcile the father. If it was repeated, disinheritance +took place legally. It was done by a deed duly +drawn up. The Sumerian laws show that a mother had +the same power as the father. Whether this was only +exercised when there was no father, or whether a wife +could act in this way independently of her husband in disinheriting +children, does not appear. But possibly she +had power in this respect only over her own property.<note place='foot'>§§ +168, 169.</note> +</p> + +<p> +It has been suggested that disinheritance sometimes took +place as a legal form and with consent of a child, in order +to admit of his adoption into another family or to free the +parents from responsibility for the business engagements of +the son. +</p> + +<p> +<note place='margin'>In the case of adopted children</note> +An adoptive parent, who had brought up a child and +afterwards had children of his own, could not entirely disinherit +his adopted child. He was bound to allow him one-third +of a child's share. But he could not alienate to him +real estate.<note place='foot'>§ 191.</note> +</p> + +</div> + +<pb n='168'/><anchor id='Pg168'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XVII. Slavery</head> + +<p> +<note place='margin'>The slave a chattel</note> +In modern thought slavery concerns personal rights. +But it was not thus regarded by the Babylonians, for the +slave was an inferior domestic, and, like the son in his +father's house, <foreign rend='italic'>minor capitis</foreign>. +That he was actually a chattel +is clear from his being sold, pledged, or deposited. He +was property and as such a money equivalent. He might +be made use of to discharge a debt, according to his value. +Hence, while some account of slavery belongs with the discussion +of the family, it is also a part of the section dealing +with property, since the slave was a piece of property. +</p> + +<p> +<note place='margin'>Rights of a slave</note> +But the slave had a great amount of freedom, and was +in no respect worse off than a child or even a wife. He +could acquire property, marry a free woman, engage in +trade, and act as principal in contract with a free man. +Only, his property, at his death, fell to his master. He was +bound to do service without pay, though he had the right +to food and drink. He could not leave his master's service +at his own will, but he might acquire enough property to +buy his freedom. He was tied to one spot, not being +allowed to leave the city, but might be sent anywhere at +command. +</p> + +<p> +<note place='margin'>Complexity of the evidence regarding slavery</note> +His status was, however, a complex of seeming inconsistencies. +Yet it was so well understood that we rarely +get any hints as to the exact details. It is only by collecting +a vast mass of statements as to what actually occurred +<pb n='169'/><anchor id='Pg169'/> +that we can deduce some idea of the actual facts. Professor +Oppert in his tract, <hi rend='italic'>La Condition des Esclaves à Babylone, +Comptes Rendues</hi>, 1888, pp. 11 ff.; and Dr. B. Meissner, in +his dissertation, <hi rend='italic'>De Servitute Babylonico-Assyriaca</hi>, have +gathered together the chief facts to be gleaned from the +scattered hints in the contracts. Professor Kohler and +Dr. Peiser discussed the question thoroughly in their <hi rend='italic'>Aus +Babylonische Rechtsleben</hi>. Many articles discussing the +contracts, and most of the histories touch upon the subject. +We shall come back to it later under the head of Sales of +Slaves. It is very difficult to disentangle facts from the +mass of scattered hints, often consisting of no more than a +word or two in a long document. +</p> + +<p> +<note place='margin'>Its very early existence</note> +The institution of slavery dates back to the earliest +times. We cannot in any way attempt to date its rise. +</p> + +<p> +Already in the stele of Manistusu we find a slave-girl used +as part of the price of land and worth thirteen shekels;<note place='foot'>D. +E. P., ii., p. 25.</note> while nine other slaves, male and female, are reckoned for +one-third of a mina apiece. This remained a fair average +price for a slave in Babylonia down to the time of the +Persian conquest. For the variations, see later under Sales +of Slaves.<note place='foot'>Chapter <ref target="Chapter_XXII">XXII</ref>.</note> +The Code shows that the slave was not free +to contract except by power of attorney,<note place='foot'>§ 6.</note> and that it was +penal to seduce him from his master's service,<note place='foot'>§ 15.</note> or to +harbor him when fugitive.<note place='foot'>§ 16.</note> It fixes a reward for his +recapture,<note place='foot'>§ 17.</note> makes it penal to retain a recaptured +slave,<note place='foot'>§ 19.</note> and deals with his +re-escape.<note place='foot'>§ 20.</note> It shows that he was subject to the +<q>levy.</q><note place='foot'>§ 16.</note> +It also determines the position of a slave-woman who bears +children to her master,<note place='foot'>§ 119.</note> +or of a slave who marries a free woman.<note place='foot'>§ 175.</note> +In each case the children are free. It fixes the +fees to be paid by the slave's master for his cure,<note place='foot'>§§ 218, 223.</note> +deals +<pb n='170'/><anchor id='Pg170'/> +with injuries done to a slave,<note place='foot'>§ 99.</note> damages being paid to his +master;<note place='foot'>Cf. § 251.</note> enacts that if captured and sold abroad he +must be freed, if re-patriated,<note place='foot'>§ 280.</note> and a native of +Babylonia, otherwise he returned to his master. +</p> + +<p> +<note place='margin'>Sale of slaves</note> +By far the greatest number of references to the slave +condition occur in documents relating to the sale of slaves. +These may be summarized here. One peculiarity always +marked the sale of a slave, it was not so irrevocable as that +of a house or field. For a slave might not be all he seemed. +He might be diseased, or subject to fits, he might have vices +of disposition, especially a tendency to run away. A female +slave might be defective in what constituted her chief +attraction. Hence there was usually a stipulation that if +the buyer had a legitimate cause of complaint he could +return his purchase and have his money back. In fact, an +undisclosed defect would invalidate the sale. These defects +might be physical, inherent, contingent, or legal. +</p> + +<p> +<note place='margin'>Diseases regarded as just cause for a repudiation +of the contract to buy a slave</note> +There seems to have been a dreaded disease called the +<foreign rend='italic'>bennu</foreign>. Professor Jensen<note place='foot'>K. +B., vi., p. 389.</note> has shown how largely it bulks +in the literature, and what dire effects are ascribed to it. +But it was not the only severe disease from which men +suffered then. It is associated with several others as bad. +Hence in legal documents we may take it as a typical example +of a serious disease, which would so detract from the +value of a slave that the purchaser would not keep him. It +is evident that it was something that the purchaser could +not detect at sight. Perhaps it was a disease which took +some time to show itself. It is mentioned in the Code and +in the sales of slaves of the First Dynasty of Babylon. It +also occurs in Assyrian deeds of sale, down to the end of +the seventh century <hi rend='smallcaps'>b.c.</hi> The Code and the contemporary +contracts allow one month within which a plea could be +raised that the slave had the <foreign rend='italic'>bennu</foreign>. The purchaser could +<pb n='171'/><anchor id='Pg171'/> +then return him and have his money back. In the Assyrian +deeds one hundred days is allowed. +</p> + +<p> +In the Assyrian deeds <foreign rend='italic'>ṣibtu</foreign> is also allowed a hundred +days. This is often associated with <foreign rend='italic'>bennu</foreign> in the +mythological texts as equally dreaded. It affected the hands or the +mouth. We may render it <q>seizure,</q> and think of some +form of <q>paralysis.</q> +</p> + +<p> +<note place='margin'>Legal defects</note> +The objections which come under the head of legal defects +are summed up in the Code as a <foreign rend='italic'>bagru</foreign>, or +<q>complaint.</q> In the contracts and Code this could be pleaded +at any time. So in Assyrian times a <foreign rend='italic'>sartu</foreign>, +<q>a vice,</q> could be the ground for repudiation at any time. This might +arise from the disposition of the slave. The sale might +also be invalidated by a claim on him for service to the +state; by a lien held by a creditor; by a claim to free +citizenship. But we are not yet in a position to state definitely +what was the exact nature of these claims. Doubtless +the recovery of further codes will fix them finally. +</p> + +<p> +In later Babylonian times Law B specially provides for +the return of the slave at any time, if a claim be made +on him. +</p> + +<p> +<note place='margin'>Assyrian usages regarding slaves</note> +In Assyrian times sales of slaves are very frequent, and we +learn much more about the status of the slave. The slave +was certainly a social inferior, but probably had more freedom +than any other who ever bore the name. He certainly +had his own property and could contract like a free man. +A young slave lived in his master's house up to a certain +age, when his master found a wife for him. This was usually +a slave-girl. The female slaves remained in the house +as domestic servants to old age, unless they were married to +a slave. Married slaves lived in their own houses for the +most part. Many such men seem to have taken up out-door +work, gardening, agricultural labor, or the like, on their +master's estates. Others engaged in business on their own +<pb n='172'/><anchor id='Pg172'/> +account. But from all the master had a certain income. +This was, within a little, the average interest on the money-value +of a slave. And that interest was usually twenty-five +per cent. per annum in Assyria. +</p> + +<p> +<note place='margin'>Right of a slave to the enjoyment of his property +and family</note> +Theoretically a master owned his slave's property. What +this ownership amounted to is hard to say. But the slave +was rarely separated from it. His family at any rate was +sacred. When sold, he was sold with his family. This, of +course, does not exclude the sale of a young man at a time +when he would naturally leave his father's home. Young +women were taken into domestic service, and after a time +sold. But there was none of that tearing of children from +parents, which so shocked people in the modern examples. +It is probable that a slave could not marry without his master's +consent. He certainly could not live where he liked. +But he was free to acquire fair wealth, and his property was +so far his own that he could buy his own freedom with it. +</p> + +<p> +<note place='margin'>The serfs</note> +In Assyria there was a large body of serfs, <foreign rend='italic'>glebae +adscripti</foreign>. They could be sold with the land. But they were free to +work as they chose. Usually they cultivated a plot of their +master's, but often had lands and stock of their own. They +were not free to move, and probably paid a rent, one or two +thirds of their produce. But they were mostly on the metayer +system, and could claim seed, implements, stock, and +other necessary supplies from their master. This class evidently +possessed privileges highly esteemed, for their ranks +were recruited from all classes of artisans in the towns, +cooks, brewers, gardeners, washermen, and even scribes. +Some of these were probably free men, others certainly +had been slaves. +</p> + +<p> +<note place='margin'>Advantages of slavery</note> +The three classes, domestic slaves, married slaves, and +serfs, were continually exchanging their condition. Not a +few free men, whether from debt, judicial sentence, or choice, +were added to these classes. For these men, if dependent, +<pb n='173'/><anchor id='Pg173'/> +were cared for and provided with the necessaries of life. +They were, if domestic, clothed, housed, and fed; if they +married and lived out, they were given a house, and either +were provided with land that brought them a living, or +engaged in business. +</p> + +<p> +<note place='margin'>Liability for forced labor</note> +The army and corvée, or levy for forced labor, were chiefly +obtained from the slaves, and above all from the serfs. A +head of a family, or mother, was not liable. But young +men and women had to serve a certain number of terms of +service, seemingly six.<note place='foot'>See +<hi rend='italic'>Assyrian Doomsday Book</hi>, p. 24.</note> +Hence it was of importance to the +buyer of a slave to receive a guarantee that this claim had +been satisfied. +</p> + +<p> +<note place='margin'>Opportunity to acquire skill as artisans</note> +We have many examples of slaves who were skilled artisans. +They had been taught a handicraft. Later we shall +come across cases of apprenticeship of slaves to learn a craft. +But all the artisans were not slaves. Indeed, some of the +craftsmen, as goldsmiths, silversmiths, carpenters, were +wealthy persons. +</p> + +<p> +<note place='margin'>The slave an independent asset</note> +As a rule, though the slave is named, his father is not. +But, just as in mediæval times, a serf's father is named. +The serf's holding seems to have been hereditary. But we +have too few examples to be sure of our ground here. The +slave's father was not concerned in the sale, and that may +be the sole reason why he is not named. Fathers sometimes +sold their children to be slaves, then they are named. Such +sales are not so unnatural as they appear. It was a sure provision +for life for a child to sell him as slave to a family in +good position. +</p> + +<p> +<note place='margin'>The later disappearance of the serf</note> +In the later Babylonian times, the almost total disappearance +of the serf has been noted as very remarkable. But +this may be entirely due to the nature of our documents. +The temples owned a great deal of land and their slaves +were in the condition of serfs. +</p> + +<pb n='174'/><anchor id='Pg174'/> + +<p> +<note place='margin'>Slave sales</note> +In later Babylonian times we have a very large number +of examples of slave sales. So far as the formula of a +deed of sale is concerned, there is nothing to distinguish +from a sale of the ordinary type, thus marking the slave +as a chattel. +</p> + +<p> +<note place='margin'>Guarantees exacted in such deeds:</note> +But there are several clauses, which directly illustrate +the possession of slaves, their position and liabilities. One +clause, frequent when slaves were either pledged or sold, +was a guarantee on the part of the owner against a number +of contingencies. These are not easy to understand. +</p> + +<p> +<note place='margin'>Against rebellions (?)</note> +First we have the <foreign rend='italic'>amêlu siḫû</foreign>. +<foreign rend='italic'>Siḫu</foreign> means rebellion or +civil war. Sennacherib was slain in such an uprising.<note place='foot'>K. +B., ii., p. 282.</note> It +may be that then the slave would be impressed for defence of +law and order. Or it may be that <foreign rend='italic'>amêlu siḫû</foreign> is the rebel, +or mob, who might carry off the slave. Or the contingency +contemplated may be that the slave should turn rebel and +refuse to do his master's bidding. The fact that a ship was +also guaranteed against <foreign rend='italic'>amêlu +siḫû</foreign>,<note place='foot'>Cyr. 310, Nbk. 201.</note> +renders this less likely. +A ship could not turn rebel. It is not unlikely that slaves +often joined in the rebellions. +</p> + +<p> +<note place='margin'>Against flight</note> +That a slave would escape by flight was always a danger. +The slave had great freedom and many opportunities of getting +away. The only security was that wherever he went +he was likely to be recognized as a slave and anyone might +recapture him. However, the captor had a right to a reward +and so the owner would have to pay to get him back, +besides losing his services for a time. Hence a slave who +had a fancy for running away was likely to be troublesome +and costly. That might lead to his being sold. But the +purchaser protected himself by a guarantee on the seller's +part that the slave would not run away. Then if the slave +fled and was brought back, the captor gave a receipt for the +sum paid him, and the owner reclaimed it from the seller. +</p> + +<pb n='175'/><anchor id='Pg175'/> + +<p> +<note place='margin'>Against untimely death</note> +The captor might retain the slave until he was paid.<note place='foot'>Z. +A., iii., p. 86.</note> In +other cases the seller had to recover the slave for the +buyer. In Assyrian times the seller guaranteed also +against death. Here it has been argued that the guarantee +meant only that the slave had not fled or was not dead at +the time of sale. This is not likely in the case of death. +Surely no man could buy a slave who was dead. He +would not pay, if the slave was not delivered. But he +might bargain for recompense, if the slave died within a +short time after purchase, as the seller might have had +reason to know that he was ill. +</p> + +<p> +<note place='margin'>Against unexpected claims</note> +A guarantee was also given against the <foreign rend='italic'>pakirânu</foreign>. This +is literally <q>the claimant.</q> What claim he had is not +stated. When the slave was pledged, this might be a creditor +to whom he had previously been pledged. But it +covers all claims on the slave.<note place='foot'>Cyr. 146.</note> +</p> + +<p> +<note place='margin'>Against over-exaction in the public service</note> +Another indemnity is the <foreign rend='italic'>arad šarrûtu</foreign>, or in the case of +female slaves, the <foreign rend='italic'>amat šarrûtu</foreign>. This was the status of +an <foreign rend='italic'>arad šarri</foreign>, or <foreign rend='italic'>amat +šarri</foreign>, king's man or maid. The king, +or state, had a right to the services of certain slaves. How +long this was for, how it was discharged, and how a private +person could give a guarantee against it, we do not exactly +know. It may have been limited to slaves taken in war; it +probably consisted in forced service; it may have been for +a limited period, so that the guarantee amounted to an assurance +that it was over. But it is possible that it would +be compounded for, or a substitute provided. At any rate +the seller held the buyer indemnified against this claim.<note place='foot'>Cyr. +146; Camb. 15.</note> +</p> + +<p> +<note place='margin'>Against redemption as men of family</note> +There was also a guarantee against <foreign rend='italic'>mârbanûtu</foreign>, the status +of a <foreign rend='italic'>mâr banû</foreign>, or <q>son of an ancestor.</q> The +difficulty which this raised was that, if a man was a scion of a noble +family, he might be redeemed by it. The same result +would follow from his being adopted. Hence some consider +<pb n='176'/><anchor id='Pg176'/> +<foreign rend='italic'>mâr banû</foreign> to mean <q>adopted son.</q> But it does not +always mean that. We have no good example of a slave +being redeemed on this ground. But we know that they +sometimes laid claim to be free men. This would of course +involve a loss and at any rate a trouble to the owner. +But we have not yet very full information on the point. +</p> + +<p> +<note place='margin'>Against illegal enslavement</note> +Finally there is mentioned a claim called <foreign rend='italic'>šušanûtu</foreign>. +This occurs in Persian times only<note place='foot'>Dar. 212.</note> and may be +the status of a <foreign rend='italic'>šušanu</foreign>, <hi rend='italic'>i.e.</hi>, +a Susian, or one of the conquering race. Such +it may have been illegal to buy or hold in slavery. But in +Assyrian times an official in the service of the royal house +is called <foreign rend='italic'>šušanu</foreign>. We do not yet know what his duties +were, but it may be that this official was one who could be +called up for service at any time and therefore was undesirable +as a slave. +</p> + +<p> +<note place='margin'>The branding or tattooing of slaves</note> +The <foreign rend='italic'>abuttu</foreign> which the +Code<note place='foot'>§ 103.</note> contemplates a mistress putting +on an insolent maid and so reducing her to slavery, or +which the phrase-books contemplate a master laying upon +a slave, or which an adoptive parent may set on a rebellious +adopted son before selling him into +servitude,<note place='foot'>M. A. P., 95.</note> has usually +been taken to be a fetter. But in the case of a man, who +being sold as a slave, had escaped and was claimed by the +levy-master, we find the latter saying, <foreign rend='italic'>ellita +abuttaka gullubat</foreign>, <q>thy <foreign rend='italic'>abuttu</foreign> +is clearly branded,</q> or tattooed. Hence it may only be a mark. +</p> + +<p> +<note place='margin'>The other ways of indicating servitude</note> +There is frequent mention in early times of a mark upon +slaves. The Code<note place='foot'>§ 226.</note> talks of marking a slave, but in a way +that is difficult to understand. The verb usually rendered +<q>brand</q> has been shown by Professor P. +Jensen<note place='foot'>K. B., vi., p. 377.</note> to include +incised marks. Hence the penalty which was once rendered +<q>shear his front hair</q> is thought to mean <q>brand his forehead.</q> +The Code fixes a severe penalty for the putting of +an indelible mark on a slave without his owner's consent. +<pb n='177'/><anchor id='Pg177'/> +This could hardly be enforced for merely giving the slave a +bald forehead, like the Hebrew <foreign rend='italic'>peôt</foreign>, +or like a <q>tonsure.</q> The mark borne on the forehead by Cain, or by the <q>sealed</q> +in the Apocalypse, is far more to the point as a parallel. +The slaves also wore little clay tablets with the name of +their owner inscribed upon them. There are a number of +these preserved in the Louvre. On one now in the British +Museum we have this inscription: <q>Of the woman Ḥipâ, +who is in the hands of Sin-êresh. Sebat, eleventh year of +Merodach-baladan, King of Babylon.</q><note place='foot'>K. +3787 K. B., iv., p. 166 f.</note> How these were +attached to the slave is not very clear. But they must have +been anything but an indelible mark. In the later Babylonian +times we have<note place='foot'>Camb. 291.</note> +a slave marked by a sign on his ears +and a white mark in his eye. Both may denote natural +marks.<note place='foot'><hi rend='italic'>De serv.</hi>, p. +20.</note> A more definite example is a slave <q>whose right +hand has written upon it the name of Ina-Esagil-lilbur</q>;<note place='foot'>P. +S. B. A. 83, p. 104.</note> +and another <q>on whose left hand was written the name +of Meskitu.</q><note place='foot'>P. S. B. A. 84, p. +102.</note> These were the names of the owners, not of +the slaves themselves. This renders it probable that the +branding and the like was always an incised mark, a species +of tattoo, which of course was indelible. That the same person +who tattooed men should brand animals, or even shear +them, is not an insuperable objection. But there is no +reason to suppose that the brander ever was a sheep-shearer. +</p> + +<p> +<note place='margin'>Significance of slave-names</note> +In respect to the names of slaves we may regard them +with some interest as helping to determine the sources from +which slaves were recruited. Some bear good Babylonian +names, and perhaps when the father's name is also Babylonian +we may conclude that they had been born free, but were +either sold into slavery by the head of the family, or, having +once been adopted, had been repudiated and reduced to +slavery again, or had been sold for debt. We have examples +<pb n='178'/><anchor id='Pg178'/> +of all such cases. A father and mother sold their son;<note place='foot'>Nbk. 70.</note> +a mother who had adopted two girls repudiated them +again;<note place='foot'>Nbk. 625.</note> a brother gave +a younger brother as a pledge.<note place='foot'>Nbk. 311.</note> +</p> + +<p> +<note place='margin'>Foreign-born slaves</note> +When the slave's name is not Babylonian or Assyrian, a +foreign nationality is nearly certain. These names are very +valuable when they can be assigned to their nationalities, +as confirming the historical claims of the kings to conquest. +Sometimes they are actual gentile names, as Miṣirai, +<q>Egyptian,</q> Tubalai, <q>man from Tubal.</q> But many may +have been directly purchased abroad and sold to Babylonians. +A great many foreign slaves doubtless received +native names. Thus an Egyptian woman was called Nanâ-ittîa.<note place='foot'>Camb. +334.</note> Some of the names of slaves are true Babylonian, +but of a rare and odd form, which has caused some to +imagine them to be foreign. But this is not necessary. +Servants are often renamed after the families to which they +belong, and finally become known by names which were +never theirs. Masters seem sometimes to have given their +own names to slaves. Their names are often contracted,<note place='foot'>Nbd. 697.</note> +and some even appear to have had two.<note place='foot'>Z. A., iii., 135.</note> +</p> + +<p> +<note place='margin'>Various methods of making slaves</note> +The slaves were not only captives taken in war, but were +bought abroad, and not a few were reduced to that condition +from being freeborn citizens. Slavery awaited the rebellious +child or the contentious wife. But it was not allowed +by the Code for a man to sell his maid outright, who +had borne him children. And if he sold his wife or child to +pay a debt, the buyer could not keep them beyond a certain +time. But in all periods parents sold their children, and +there does not seem to be any clause demanding any future +release. +</p> + +<p> +<note place='margin'>A slave's right to hold and use property</note> +The slave had private property which was secured to +him. He paid a sort of rent for it. This was an annual +<pb n='179'/><anchor id='Pg179'/> +fixed sum called his <foreign rend='italic'>mandattu</foreign>, the same word as for the +tribute of a prince to his overlord. In the case of a female +slave this was twelve shekels <foreign rend='italic'>per annum</foreign>. Further, he paid +a percentage on his profits.<note place='foot'>A. B. R., +i., pp. 1 ff.</note> The slave might hold another +slave as pledge, lend money, and enter into business relations +with another slave even of the same house. He might borrow +money of another slave. Hence he was very free to do +business. But when he entered into business relations with +another master's slave, or a free man, he sometimes met +with a difficulty. He seemingly could not enforce his own +rights against a free man. At any rate, we find that in such +cases his master assumed the liability and pleaded for him. +In fact, the master had to acknowledge his undertakings, +though he did not guarantee them. Subject to this protection +from his master, the slave was free to engage in commerce. +He lent to free men, entered into partnership, and +owned a scribe. +</p> + +<p> +<note place='margin'>A slave's evidence not good against a free man</note> +Here is an example illustrating one of the above +points.<note place='foot'>Nbn., 738.</note> +S had taken a loan of L. His master, A, became aware of +it and guaranteed its repayment. He then put S into L's +hands as his pledge to pay it off. Now, A died, and his +son, B, sells S to C, as part of his own property. But L +still holds possession of S. C demands S from L. L says +<q>Not until my money is paid off. If C will do this he +may have S. But until he can prove that it has been done +he cannot have S.</q> The proof probably lay in B's hands, if +he had preserved it from his father A's records. Delay is +granted for C to produce the proof that S has worked off +the debt. It is clear that the evidence of S was not admitted +on this point. +</p> + +<p> +<note place='margin'>A slave's value proportioned to his producing power</note> +That in the case of some slaves their value to their master +consisted in their <foreign rend='italic'>mandattu</foreign> is clear from the fact when a +master sold a slave and did not at once hand him over, the +<pb n='180'/><anchor id='Pg180'/> +seller had to pay a proportional amount of this fee to the +buyer.<note place='foot'>Nbn. 573.</note> +Of course, in transferring a slave to another owner, +the seller could not separate him from his property. That +was his own. A slave who had acquired a fair amount of +wealth, or was earning well in trade, would produce a higher +income to his master and sell for more. What was sold +then, was an interest, the master's, in his slave's work. +Hence prices varied very much. We are not always able +to see what was the reason of the high price, but it was +evident then to those who made the bargain. An average +price in the later Babylonian era seems to have been twenty +shekels, the interest on which at the usual twenty per cent. +would be four shekels. This, then, was the annual value of +a slave above his keep. If the keep amounted to about +eight shekels <foreign rend='italic'>per annum</foreign>, that gives the value of a +slave's work as twelve shekels yearly. This is what an unskilled +slave was worth to his master. If, then, a man married +a slave-girl, he ought to pay her master about twelve +shekels a year for his loss of her services. Of course, the +master retained his right over her, but it seems to have been +a tacit understanding that he could not sell her away from +her husband. So really what he sold was, after all, only a +right to income from her husband of twelve shekels a year. +The children were also his born slaves, if the father was his +slave. We do not know how matters would be arranged +if the man was slave to one master, the wife to another. +Probably this was provided against by the master giving his +slave a wife from his own maids, or buying a slave-girl as +wife for him. +</p> + +<p> +<note place='margin'>The history of the slave Bariki-ilu</note> +It occasionally happens that we can trace the history +of a particular slave for some time. Thus, Bariki-ilu was +pledged for twenty-eight shekels to Aḫinûri, in the thirty-fifth +year of Nebuchadrezzar.<note place='foot'>Z. A., iii., +p. 87.</note> In the next year we find +<pb n='181'/><anchor id='Pg181'/> +him in the possession of Piru, his wife Gagâ, and a cousin +Zirîa. What they gave for him does not appear. But they +now sold him for twenty-three shekels to Nabû-zêr-ukîn. +He must have fled from his new master, for four years later, +the same three people pledged him.<note place='foot'>Nbk. +408.</note> But he seems to have +been unsatisfactory as a pledge. For next, we find that +Gagâ's daughter (Piru having probably died), being about +to be married to Iddin-aplu, this slave was set down as +part of her marriage-portion. She gave him over to her +husband and his son. In their possession he remained +awhile, but on the death of his mistress, was handed over to +the great banker, Itti-Marduk-balâṭu. These events, extending +from the thirty-fifth year of Nebuchadrezzar to the +seventh year of Nabonidus, were all put in evidence when +Bariki-ilu tried later to prove that he was a free man. He +pretended to be the adopted son of Bêl-rimâni. He had to +confess that he had twice run away from his master and had +been many days in hiding. Then he was afraid and pretended +to have been an adopted son. This, if proved, would +have freed him. But he confessed that it was a pretence, +and had to return to his servitude. The case was decided +in the tenth year of Nabonidus. +</p> + +<p> +<note place='margin'>A runaway slave not always returnable</note> +It seems clear that when a slave ran away to his old owners, +they did not always deliver him up again to the man +who bought him of them. They probably had to return the +purchase-money. The buyer probably would not accept +him again. +</p> + +<p> +<note place='margin'>Apprenticing slaves to a trade</note> +One feature which the later Babylonian contracts show +us for the first time, but which probably was always in +force, is the apprenticing of slaves to a trade. Instances of +this are fairly numerous. The person to whom the slave +was apprenticed was usually a slave himself. The teacher +was bound to teach the trade thoroughly. The owner of the +<pb n='182'/><anchor id='Pg182'/> +slave gave him up to the teacher for a fixed term of years, +differing for different trades. He had to furnish a daily +allowance of food and a regular supply of clothing. At the +end of the term, the slave might remain with his teacher on +payment of a fixed <foreign rend='italic'>mandattu</foreign> +or income to the owner. Penalties +were fixed for neglecting to teach him properly. +The trades named are weaving, five years' term;<note place='foot'>Cyr. 64.</note> baking, +a year and a quarter;<note place='foot'>Cyr. 248.</note> stone-cutting, four +years;<note place='foot'>Cyr. 325.</note> fulling, six +years;<note place='foot'>Cyr. 313.</note> besides others not yet recognized. +</p> + +<p> +<note place='margin'>Fee paid by service</note> +The teacher had no fee, but only the apprentice's work +for his trouble. The owner was therefore bound to allow +the apprentice to remain a fair time. +</p> + +<p> +<note place='margin'>Relative proportion of slaves to free men</note> +A question of considerable interest which needs to be +worked out is the relative number of slaves in the population. +In early times the impression one gets is that they +were few. Even in the time of the First Dynasty of Babylon, +the evidence at the disposal of Dr. Meissner in 1892 did +not allow him to exceed four as the number in the possession +of one man at a time. But since then further evidence +is available. Thus we read of twelve slaves at once, seven +males and five females, given by a father to his daughter, +at Sippara.<note place='foot'>S. 10.</note> In Assyrian times the number in an average +household rarely exceeds one or two, but we have as many +as thirty mentioned at one time.<note place='foot'>A. D. D., +No. 424.</note> So in later times there +are generally only one or two in a household, but the number +is occasionally much more. +</p> + +<p> +<note place='margin'>Price of a slave</note> +As to the value of a slave, we have in very early times +an average set down as twenty shekels, with examples as +low as thirteen shekels. In the time of the Second Dynasty +prices varied from as low as four and a half shekels for a +maid, or ten shekels for a man, up to eighty-four +shekels.<note place='foot'>M. A. P., p. 7.</note> +The Code estimates the average value of a slave as twenty +<pb n='183'/><anchor id='Pg183'/> +shekels.<note place='foot'>§ 252.</note> In Assyrian times the price of a single male +slave varies from twenty to one hundred and thirty shekels, +but the usual price is thirty shekels. A female slave could +be had for as little as two and a half shekels, but might +cost as much as ninety shekels. A common price was +thirty shekels. In later Babylonian times also, prices vary +widely, but the commonest price and usual pledge-value +was twenty shekels. +</p> + +</div> + +<pb n='184'/><anchor id='Pg184'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XVIII. Land Tenure In Babylonia</head> + +<p> +<note place='margin'>Distinction between real and personal property</note> +The idea of real as opposed to personal property is common +in Babylonian law; for we notice that in the Code, +while certain persons may inherit from the goods of their +parents, they may not inherit land, garden, or house.<note place='foot'>§ 191.</note> He +then had no share in his father's house; he was not one of +the family. The distinction is important, for, as we shall see +later, the word <q>house</q> had a wider signification than mere +bricks and mortar.<note place='foot'>Page 188.</note> It was the ancestral estate. Over it +the family had rights. It went back in default of heirs to +the family of the last owner. We are therefore confronted +with private ownership of land, but also with a sort of +entail. +</p> + +<p> +<note place='margin'>Entailed property</note> +The amount of land might be increased by purchase, but +there is a strong presumption that it thus became family +property and did not remain at the disposal of the buyer. +For if so, in the case above the law should have stated +that the parent could not donate land that was family property, +but might do so with what he had bought. This does +not exclude the possibility of sale. Only the family had +apparently the right of pre-emption.<note place='foot'>Page 122.</note> +</p> + +<p> +<note place='margin'>Natural features of Babylonia in their influence on +property rights</note> +In looking back upon the primitive state of the country, +its natural features must be taken into account as helping +to shape the course of development. In such a low-lying +country as the land between the Euphrates and the Tigris, +<pb n='185'/><anchor id='Pg185'/> +floods naturally occur every year. Every spot of land that +stood above the level of the annual floods was thereby +marked out for a residence. Throughout the literature of +Babylonia the hill or the mountain is a refuge and a place +protected by the gods. But when the floods were gone, +man's great need for his land was water. Hence irrigation +was synonymous with cultivation. The unclaimed land +grew rank with grass and natural food for cattle, but dried +up to dust in the summer. Hence the control of the flood, +its diversion into desired channels, regulation, storage, and +all the processes implied by canals and irrigation were +forced upon the inhabitants of Babylonia by stern necessity. +The only alternative was to migrate with flocks and herds +to higher lands when the floods came. +</p> + +<p> +<note place='margin'>Primitive land tenure</note> +Settled society was ultimately founded upon the cultivation +of a plain. Every eminence might become a hamlet +occupied by the abodes of men, whose fields were +water meadows. The meadows which grew their corn lay +around the village and below its level; and beyond those +which were needed to grow crops lay the pastures. But +for security the cattle and sheep must come back, before +the floods came, to the village, there to be folded and fed, as +it seems, upon straw and also grain. The land of the village +extended itself in time, as the population grew and needed +more corn. More and more of the unreclaimed land beyond +the cornfields was brought into cultivation and the flocks +went farther afield for pasture. This continued until the +pastures forming the outlying ring had met the pastures of +another village. +</p> + +<p> +<note place='margin'>Ownership of cultivated land</note> +Such is an ideal sketch of the growth of land tenure. +But in historical times this simplicity had vanished. Land +was owned, not merely held. It does not appear that pasture +was owned, even as late as the First Dynasty of Babylon. +It seems that the flocks were confided to shepherds, +<pb n='186'/><anchor id='Pg186'/> +who were bound to bring them back from the pastures and +expected to account for all they took out and for a reasonable +increase in the flock from breeding. The pasture was +common land; at any rate, to the sheep-owners of the same +village. No one claims to buy and sell pasture land, only +cultivated land, fields, gardens, and plantations, ultimately +irrigated land. But unreclaimed land, that is, such as only +required cultivation to make it fields and gardens, is often +sold, or let, to be reclaimed. Was this a trespass on the +pasture held in common? If so, it was not resented as +such. We do not know yet how a man acquired a title to +such unreclaimed land. Perhaps to have brought it into +cultivation sufficed originally to establish title. +</p> + +<p> +<note place='margin'>Theoretical ownership of the land by the local deity</note> +A settled hamlet soon had its temple. Some think that +the god was ideally landlord of all the village land and +that every title represented simply the rental of the land +from the nominal owner. We do indeed find the temples +as owners of vast estates and, like monastic institutions in +the Middle Ages, letting lands and houses. To the temples +poor men went for temporary accommodation for sowing, +for wages at harvest-time, and for ransom from the enemy. +These they had a right by custom to receive without paying +interest. Undoubtedly the temples became the first +centres of progressive civilization. The <foreign rend='italic'>patêsi</foreign>, +as chief-priest of the god, was the regent of the community. In +process of time, as villages combined and grew into towns +and districts, the <foreign rend='italic'>patêsi</foreign>, +in virtue of his town's supremacy, +became the king, who, as regent of the state and representative +of the gods, owned all. We know that, in later times, +the king in Babylon was the adoptive son of Bel-Merodach.<note place='foot'>Z. +A., iii., 369.</note> +</p> + +<p> +<note place='margin'>Private ownership absolute in historical periods</note> +In historical times no such conditions prevail. Doubtless +the tribal ownership had become theoretically transferred +to the god, or to the town. That the town had a +<pb n='187'/><anchor id='Pg187'/> +theoretical personality of its own is clear enough from the +oaths sworn to confirm a sale. Men swore by the gods, the +king, and also by Sippara, or Kar Sippara. But there is no +indication that points to the god, or the town, or the king +as having any power to intervene to prevent a sale, or to +claim payment for consent. It is clear that the land was +sold subject to its dues, and they were many. But the +private ownership, subject to such reservation, was absolute. +The one danger to a purchaser was that the family of +the seller should claim a right of redemption and annul the +sale. Against this the seller undertook to indemnify him. +</p> + +<p> +<note place='margin'>Right to retain ancestral estates</note> +Exact statements as to the rights possessed by the family +to reclaim land sold by a member of the family are not to +be found, but they are to be inferred with certainty from a +few notices which we have. Thus,<note place='foot'>M. A. +P., 42.</note> a man claimed a certain +plot of land as ancestral domain which two others had sold. +There are several such cases among the legal decisions of +the First Dynasty of Babylon. In most of the Assyrian +deeds of sale we have a long list of representatives of the +seller, who are explicitly bound not to interfere and attempt +to upset the sale.<note place='foot'>A. D. D., § 600.</note> +Their right existed or they would not +be called upon to enter into a contract nor to insist upon it. +</p> + +<p> +<note place='margin'>Different kinds of real property</note> +From the point of view of the ancient Babylonian, as +from that of the modern lawyer, there was a great similarity +about all classes of real property. The deeds of sale or +conveyances, as well as the leases, treated them with much +the same formula. It was the land which was the main +consideration. It was as land, built upon indeed, but +essentially as land, that the house was sold. The house is +rarely described by what to modern views would be its +most important features, the number of stories, rooms, conveniences, +and the like. Instead its area was stated. This +is remarkable, as we do not buy houses by the area. We +<pb n='188'/><anchor id='Pg188'/> +need not suppose that the building actually covered all the +land sold. In fact, we often see that it had a garden. +But it was <foreign rend='italic'>bîtu epšu</foreign>, +a <q>built-on plot</q> of land, according +to the Babylonian conveyancer. Perhaps there was in this +usage a recollection of how fast the Babylonian house of +sun-dried brick sank down to a mound of clay, perhaps, +too, a far-off echo of the nomad's scorn for the town-dweller, +in both cases a recognition that the land was the one thing +permanent, the one thing that could not <q>run away.</q> +</p> + +<p> +<note place='margin'>Terms used in descriptions of real property</note> +The plot of land was the <foreign rend='italic'>bîtu</foreign>, +Hebrew <foreign lang='he' rend='italic'>beth</foreign>, represented +by the Sumerian <hi rend='italic'>Ê</hi>. When it had the additional advantage +of a house upon it, it was <foreign rend='italic'>bîtu epšu</foreign>, +a <q>built-on plot.</q> Gradually the edifice, in towns at least, absorbed the whole +significance, and in common parlance <foreign rend='italic'>bîtu</foreign> +meant a <q>house,</q> but in legal phraseology it always retained its inclusive +meaning of the plot of land. Even as late as the Assyrian +Empire it retained some shade of a still earlier meaning, +that of a plot, parcel, or share, just what it meant when the +first settlers divided the land among them. Thus one +might use <foreign rend='italic'>bîtu</foreign> of a +<q>lot</q> of slaves, or of a lot of land including +its slaves and cattle. That <foreign rend='italic'>bîtu</foreign> is to be referred to +a root <foreign rend='italic'>banû</foreign>, <q>to make,</q> +may still be true, though <foreign rend='italic'>banû</foreign> +cannot have come to mean <q>build</q> when <foreign rend='italic'>bîtu</foreign> was +formed from it. If <foreign rend='italic'>bîtu</foreign> +was originally the <q>house,</q> perhaps only +a tent-house, then it could mean all that constituted the +house, the man's house in a wider sense, as in tribe names, +like Bît Adini or the phrase, <q>House of Israel.</q> But +<foreign rend='italic'>bîtu</foreign>, when used of a house, +does not carry with it the implication +of bricks and mortar, only of a fixed site occupied for +dwelling. The edifice was implied by the addition <foreign rend='italic'>epšu</foreign>, +marking the site <q>built upon.</q> So a house was <q>landed +property</q>; land was of various sorts, one of which is +<q>built on land.</q> To be accurate one must also specify the +kind of building. +</p> + +<pb n='189'/><anchor id='Pg189'/> + +<p> +The field was called <foreign rend='italic'>eḳlu</foreign> (compare Acel-dama, <q>the +field of blood</q>), denoted by the Sumerian <hi rend='italic'>A-ŠAG-GA</hi>. The term +does not denote open waste land, but a cultivated plot. +Indeed, it is probable that its Sumerian name implies <q>irrigation.</q> +In any case it was fenced, if only by a raised +ridge; it was cultivated and watched over; the birds were +scared away, robbers and stray animals driven off. So +much at least is expressed in as many words in the undertakings +of tenants to treat a field properly. The field was +also <foreign rend='italic'>bîtu</foreign> as land, usually +<q><foreign rend='italic'>bîtu</foreign>, so much +<foreign rend='italic'>eḳlu</foreign>.</q> +</p> + +<p> +The garden was reckoned as land, but here a fuller +specification was needed. For a plot of land, a garden, +<foreign rend='italic'>kirû</foreign> +was not exact enough. It was usual to designate further +of what sort it was, whether vegetable garden, orchard, +or palm-grove. The scribe would even add <q>planted with +such and such a crop.</q> The term might include vineyards. +In many cases the actual number of bushes, or fruit-trees, or +vine-stocks, would be named. But it was always primarily +land, and as such <foreign rend='italic'>bîtu</foreign>, with the qualifications +enumerated. +</p> + +<p> +<note place='margin'>Systems of land measures: (1) computation by area</note> +For land measures there were two systems in use, one +purely areal, the other with a reference to the average yield. +In the former case the scale of measures was discovered +and formulated by Dr. G. Reisner, in the <hi rend='italic'>Sitzungsberichte +Berliner Akademie</hi>, 1897, p. 417 f., and is completely known. +In this scale <hi rend='italic'>1 GAN = 1,800 SAR</hi>, +<hi rend='italic'>1 SAR = 60 GIN</hi>, <hi rend='italic'>1 GIN = +180 ŠE</hi>. We do not know how these words <hi rend='italic'>GAN</hi>, +<hi rend='italic'>SAR</hi>, <hi rend='italic'>GIN</hi>, <hi rend='italic'>ŠE</hi> +were read; they may be ideograms or Sumerian words. +There was also a very large measure of area, <hi rend='italic'>3,600 +GAN</hi>, perhaps called a <foreign rend='italic'>karu</foreign>. Mr. Thureau-Dangin has +further shown that the <hi rend='italic'>SAR</hi> was the square of the measure +<hi rend='italic'>GAR-DU</hi>, which seems at one time to have measured +<hi rend='italic'>12 U</hi>. +The <hi rend='italic'>U</hi> is often taken to be a cubit, but seems at this time +to have been nine hundred and ninety millimetres, which is +sometimes called <q>a double cubit.</q> On these suppositions +<pb n='190'/><anchor id='Pg190'/> +the <hi rend='italic'>SAR</hi> would be a square, each side measuring about +twenty-two yards, about one-tenth of an acre, or four ares +on the metrical system. But it is certain that both in early +times and during the First Dynasty of Babylon the <hi rend='italic'>GAR</hi> +was only <hi rend='italic'>12 U</hi>, and the <hi rend='italic'>U</hi>, +if a cubit, would not be much over eighteen inches. +This would make the <hi rend='italic'>SAR</hi> a square +of about eighteen feet on each side. The fact that a <hi rend='italic'>SAR</hi> +was a fairly common size for a house seems rather against +the smaller area. What is yet wanted is some cuneiform +statement of the size or area of something which can be +exactly identified and measured. With further exploration +this is almost sure to be found.<note place='foot'>Cf. also Appendix.</note> +</p> + +<p> +<note place='margin'>(2) Computation by an average yield</note> +The other system applied to land the names of measures +of capacity used for measuring crops. We read of so many +<hi rend='italic'>GUR</hi> and <hi rend='italic'>ḲA</hi> of land, +where <hi rend='italic'>1 GUR = 300 ḲA</hi>, as shown +by Dr. Reisner. We may guess that a <hi rend='italic'>GUR</hi> of land was +so called because it took a <hi rend='italic'>GUR</hi> of corn to sow it, or because +it yielded a <hi rend='italic'>GUR</hi> of corn as an average harvest. +These are mere guesses and we must remain in ignorance +until further evidence connects a <hi rend='italic'>GUR</hi> of land on one side +with its length and breadth, or some other relation between +the <hi rend='italic'>GUR</hi> and the <hi rend='italic'>GAN</hi> can be deduced. Then we +shall want to know the size of the <hi rend='italic'>GUR</hi> of corn, of which +at present we have no knowledge. But already in Susa a +broken pot has been found with its original contents marked +upon it. When others are found, from which an approximate +estimate of contents can be made, and an inscription +read giving the capacity, we shall be able to make a definite +statement. At present the data are insufficient and what +the metrologists write is only ingenious speculation. +</p> + +<p> +<note place='margin'>Descriptions and plans of plots of land</note> +A piece of land had, so to speak, an individuality of its +own. Once marked out, and that probably from time immemorial, +it was rarely divided. It seems probable that +<pb n='191'/><anchor id='Pg191'/> +corn-land at any rate was divided into long, narrow strips. +But the plots became gradually of all sizes and shapes, +as the many plans of estates show. The lengths of the +sides are usually given on such plans, and much labor has +been expended with small result on reconciling the given +dimensions with the area ascribed to the plot. But it is certain +that these were often recorded merely for purposes of +identification. The area of the field was well known, and its +average crop also, without any need of resort to calculations. +</p> + +<p> +<note place='margin'>Boundary-stones</note> +These plots often bear their owner's name, and that long +after he had passed away. The boundary-stones of the field +were sacred. Not a few were inscribed with some sort of +history of the plot. Especially was this the case when the +land was granted to fresh owners, by sale, or charter. No +inconsiderable portion of what we know of history is derived +from inscribed boundary-stones. They are the oldest +monuments and rarely deeply buried. Hence they are easy +to find. They have even been brought to London, as ship's +ballast, in times before they could be read. They would be +invaluable, if found <hi rend='italic'>in situ</hi>, for a modern survey of the +country and a reconstruction of its ancient history. As a +rule they are splendidly preserved. +</p> + +<p> +<note place='margin'>Inviolability of landmarks</note> +<note place='margin'>Encroaching on the highway</note> +In ancient days great importance was attached to their +preservation. The kings taxed their powers of cursing in +order to terrify men from removing their neighbor's landmark. +The dangers to the stone contemplated were its removal +to another place, its being thrown into the water, or +into the fire, its being built into a wall,<note place='foot'>Melishiḫu.</note> +being buried in the dust, placed where it cannot be seen, put in a house of +darkness,<note place='foot'>Merodoch-baladan I.</note> +erased and overwritten with other records.<note place='foot'>Marduk-nâdin-aḫi.</note> +Akin to the crime of encroaching upon old landmarks was that of +building upon or otherwise encroaching on the highway. +To do this might subject the builder to the danger of being +<pb n='192'/><anchor id='Pg192'/> +hanged, as a warning on a gallows erected above his +own house.<note place='foot'>I. R. 7, 12 ff.</note> +</p> + +<p> +<note place='margin'>The king's power over land</note> +That the land was sold subject to certain territorial obligations, +we can glean from many hints. One of the most +important is that, when a favorite, or well-deserving official, +had acquired a large estate, the king by charter granted him +an immunity from these obligations. These charters were +often inscribed on large blocks of stone or water-worn pebbles +of great size, and seem to have been set up as boundary-stones. +Some were reproduced from tablets written +on clay.<note place='foot'>D. E. P., ii., 91.</note> +They are very numerous and in some periods of +the history are the only monuments that have reached us. +A glance through any history of Babylonia will show the +reader how much depends on them. But here our only +concern is with the light they throw on land tenure and its +conditions. One of the points which at once becomes clear +is that, although the king was representative of the god and +titular head of all the tribes, he could not appropriate land +just where he chose. Manistusu, King of Kish, when he +was seeking to acquire a fine estate to present to his son, +Mesilim, had to buy land at what seems to have been an +average price. He paid for the land in corn at three and +one-third <hi rend='italic'>GUR</hi> of corn per <hi rend='italic'>GAN</hi>, +the <hi rend='italic'>GUR</hi> being worth one +shekel of silver. This was the price. But, as was usual +later in private purchases, a present to the former owner +was given. The list of these presents is most interesting,—silver +and copper vessels and rich vestments being the chief +items. Of great importance is the reference to the leading +men of each hamlet as sellers. The king's own land was a +definite area, so definite as to be cited as a boundary.<note place='foot'>Scheil, +<hi rend='italic'>Mémoires de la Délégation en Perse</hi>, Tome II.</note> +</p> + +<p> +<note place='margin'>Recognition of private rights of possession</note> +A celebrated passage in Sargon's cylinder<note place='foot'>I. R. 36, +40-42.</note> says, <q>according +to the interpretation of my name, Sharru-kînu, righteous +<pb n='193'/><anchor id='Pg193'/> +king, which bade me observe right and justice, repel the +impious, not oppress the weak; as the great gods had bidden +me, I gave money for the pieces of land, of each city; +according to written contracts, in silver and bronze, to their +owners, in order to do no injustice; and to those who would +not take money,<note place='foot'>Like Araunah the +Jebusite.</note> a field for a field, where they preferred, I +gave.</q> That this was no idle boast is proved from the +tablet which records how Sargon, in the year <hi rend='smallcaps'>b.c.</hi> 713, having +taken possession of some lands in Maganuba to form +part of his new city of Dûr-Sargon, found that he was displacing +an old endowment given by Adadi-nirâri to the god +Ashur. It was held by a family descended from the original +recipients. Sargon increased their holding and charged +it with an increased monthly offering to the +temple.<note place='foot'>A. D. D., No. 809.</note> He +gave <q>field for field,</q> but also added largely to the endowments. +He acted much the same in Babylonia, where the +Suti had encroached upon the lands of the people. He +drove out the invaders, restored the lands, but laid them +under obligations, <foreign rend='italic'>kidinûtu</foreign>, making them render a monthly +due to the temples, as before. +</p> + +<p> +<note place='margin'>Royal grants to temples and favorites</note> +On the other hand, we find that the kings granted large +grants of land to temples and private persons. From what +source these grants were made does not appear. Probably +from his own personal property. The property so presented +was free of imposts. But we may not assume that the king +was always the poorer. The beneficiary may have bought +the land and presented it to the king, to be received back +free of imposts in perpetuity. +</p> + +<p> +Thus, Nazimaruttash<note place='foot'>Scheil, +<hi rend='italic'>Mémoires de la Délégation en Perse</hi>, Tome +II.</note> presents a large estate to Merodach, +and another to Kashakti-Shugab, his servant. Kurigalzu<note place='foot'>Idem.</note> +granted an estate to Eṭir-Marduk for his conduct in a war +against Assyria, and Bitiliashu confirmed it. A coppersmith +<pb n='194'/><anchor id='Pg194'/> +who fled from the land of Ḥanigalbat made a fine specimen +of his work for Bitiliashu, and the king rewarded him with a +grant of land.<note place='foot'>Scheil, <hi rend='italic'>Mémoires +de la Délégation en Perse</hi>, Tome II., p. 95.</note> +Adadi-shum-uṣur made another grant of +land to an unknown servant of his.<note place='foot'>Idem, +p. 97.</note> Melishiḫu made a grant +of land to his son, Merodach-baladan I.,<note place='foot'>Idem, +pp. 99 ff.</note> and granted it exemption +from all imposts. Another grant he made to a +servant of his.<note place='foot'>Idem, p. 112.</note> +So when Shamû and Shamûa, his son, two +priests of Eria in Elam, fled from their own king and took +refuge with Nebuchadrezzar I., he espoused their cause, +plundered Elam, brought back their god, Eria, to Babylon, +and they having taken the hands of Bêl, the king granted +them an estate in Babylonia and freed it from +imposts.<note place='foot'>C. T., ix., No. 92987.</note> +Nabû-aplu-iddina granted an estate to a namesake of his, +which, however, seems to have been claimed as ancestral +property.<note place='foot'>C. T., ix., No. 90922.</note> +Melishiḫu granted lands to Ḥasardu, a servant +of his.<note place='foot'>K. B., iv., pp. 57 ff.</note> +Merodach-baladan I. granted lands to Marduk-zâkir-shumi.<note place='foot'>K. +B., iv., pp. 60 ff.</note> +Marduk-nâdin-aḫi granted Adadi-zêr-iḳisha, for +his services against Assyria, lands in the district of Bît-Ada, +which seem to have been ancestral domains of one Ada.<note place='foot'>K. +B., iv., pp. 68 ff.</note> Some fragments of clay copies +of similar grants by Adadi-nirari,<note place='foot'>A. D. D., Nos. 651-56.</note> +Tiglath-pileser III.,<note place='foot'> A. D. D., Nos. 658, 659.</note> +Ashurbânipal,<note place='foot'>A. D. D., Nos. 646-48.</note> +and Ashur-eṭil-ilâni<note place='foot'>A. D. D., Nos. 649, 650.</note> +are preserved in the British Museum's Collections +from Nineveh. They all appear to record grants to favorite +officials, who had deserved well of the king. +</p> + +<p> +<note place='margin'>Restoration of ancestral estates</note> +The king also appears as not only confirming grants made +by predecessors, but as restoring ancestral property, or +temple endowments, which had come into other hands, on +suit of the legal descendants of the original owners. Thus, +certain land which had come into the possession of Târim-ana-ilishu +and Ur-bêlit-muballiṭat-mîtûti, was claimed by +<pb n='195'/><anchor id='Pg195'/> +Marduk-kudur-uṣur in the reigns of Adadi-shum-iddina and +Adadi-nâdin-aḫi, and finally granted him in perpetuity by +Melishiḫu.<note place='foot'>K. B., iii., pp. 154 +ff.</note> The land which Gulkishar, King of the Sea +Land, gave to a goddess had remained in her possession 696 +years, until, in the time of Nebuchadrezzar I., the Governor of +Bît Sin-mâgir had secularized it. Bêl-nâdin-apli restored it.<note place='foot'>K. +B., iv., p. 64.</note> +</p> + +<p> +<note place='margin'>Granting of especial privileges</note> +A rather different grant was made by Nebuchadrezzar I. +to Ritti-Marduk for his services against Elam. This faithful +vassal had been governor of a district on the borders of +Elam, but the privileges of his country had been much curtailed +by a neighboring King of Namar. They were now +restored and apparently augmented. They were, that the +King of Namar had no right of entry, could not levy taxes +on horses, oxen, or sheep, nor take dues from gardens and +date-plantations; could not make bridges nor open roads. +The Babylonians, or men of Nippur, who came to live there +were not to be impressed for the Babylonian army. Further, +the towns of the district were freed from dues to the +Babylonian governors.<note place='foot'>K. B., iii., pp. +164 ff.</note> Marduk-nâdin-aḫi in his first year +remitted some obligations on an unknown estate.<note place='foot'>K. +B., iv., pp. 90 ff.</note> +</p> + +<p> +<note place='margin'>Temple endowments</note> +Of another kind are the monuments recording the actual +endowments of temples by certain kings. A very fine example +is the stone enclosed in a clay coffer referring to the +endowments of the temple of Shamash at Sippara. It records +the restorations made by Simmash-shiḫu, É-ulmash-shâ-kin-shum, +Nabû-aplu-iddina, and Nabopolassar at wide +intervals. There are, however, no lands concerned.<note place='foot'>K. +B., iii., pp. 174 ff.</note> +</p> + +<p> +<note place='margin'>An illustration</note> +A very archaic tablet in the E. A. Hoffman Collection, +the General Theological Seminary, New York City, +published in the <hi rend='italic'>Journal of the American Oriental +Society</hi>,<note place='foot'>Vol. xxiii., pp. 19 ff.</note> +which seems to be older than the celebrated Blau monuments +and which Professor G. A. Barton would date about +<pb n='196'/><anchor id='Pg196'/> +5500 <hi rend='smallcaps'>b.c.</hi>, deals directly with a presentation of land to a +temple. In it the area of the land is given in <hi rend='italic'>GAN</hi> and the +sides in figures only, probably denoting the lengths in <hi rend='italic'>U</hi>. +Being written in very archaic, semi-picture writing, and +some of the signs not yet being identified with certainty, it +will not do to build much upon it. All the sides but one +appear to be thirty-six thousand and fifty, that one being +thirty-six thousand, while the full area is three thousand +and five <hi rend='italic'>GAN</hi>. This gives the <hi rend='italic'>GAR</hi> +as roughly = fifteen <hi rend='italic'>U</hi>. +</p> + +<p> +<note place='margin'>The metayer system</note> +Land was let under a variety of systems of tenure. The +metayer system was one of the most common and persistent. +The use of this term is justified by the similarity of actual +cases to what is known to prevail in Italy, under this name. +It is a co-operative system. The landlord not only allows +his land to be cultivated for a consideration, but finds the +means to meet expenses. He provides bullocks, tools, seed, +and many other things, according to the usage of the locality. +</p> + +<p> +<note place='margin'>Illustrations from the Code</note> +In the Code of Ḥammurabi we have proof of the existence +of the system. A man finds<note place='foot'>§ 253.</note> his tenant tools, oxen, +and harness, but hires him to reside on the field and do the +work. Actual examples are rare among the contemporary +contracts. But Amat-Shamash, a votary, let out, +</p> + +<quote rend='display'> +<q>Six oxen, among them two cows; an irrigator, Amêl-Adadi; two +tenders of an ox-watering machine, his nephews; three watering-machines +for oxen; a female servant who tended the machines; half +a <hi rend='italic'>GAN</hi> of land for corn-growing; to Gimillu and Ilushu-banî. They +shall make the yield of the field according to the average (?). They +shall cause the corn to grow and measure it out to Amat-Shamash, +daughter of Marduk-mushallim. In the time of harvest they shall +measure out the corn to Amat-Shamash.</q> +</quote> + +<p> +In spite of several obscurities due to uncertain readings, +which render the translation doubtful in places, this must +be regarded as a good example of the kind.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 509.</note> +</p> + +<pb n='197'/><anchor id='Pg197'/> + +<p> +<note place='margin'>From the Assyrian period</note> +There are fewer data from the Assyrian period, but the +frequent loans, <foreign rend='italic'>ana pûḫi</foreign>, +without any interest, at seed-time +or harvest, may be due to this relation between landlord +and tenant.<note place='foot'>A. D. D., p. 21.</note> +</p> + +<p> +<note place='margin'>From the Persian period</note> +The best example is to be found in the time of Cyrus,<note place='foot'>Cyr. 26.</note> +where a certain Shulâ proposes to take the fields of Shamash, +in the district of Birili, in the county of Sippara. +It was sixty <hi rend='italic'>GUR</hi> of corn-land. The temple was to find him +twelve oxen, eight laborers (literally irrigators), three iron +ploughs, four harrows (or hoes), and five measures of seed-corn, +which also included food for the laborers and fodder +for the oxen. At the end of the year he was to hand over +three hundred <hi rend='italic'>GUR</hi> of corn as the temple share. +</p> + +<p> +Another good example from the time of Artaxerxes I.<note place='foot'>Hilprecht, +B. E. P., ix., p. 40.</note> relates to the assignment of two trained irrigation-oxen and +seven <hi rend='italic'>GUR</hi> of corn for seed by a member of the Murashû +firm to three brothers, who undertake to pay seventy-five +<hi rend='italic'>GUR</hi> of corn <hi rend='italic'>per annum</hi> for three years. +It does not appear that they hired the land as well. Here the hirer returns +more than ten times his loan as yearly rent. +</p> + +<p> +<note place='margin'>The system of shares</note> +The usual method of hiring land was on shares. The +Code contemplates that this would be for a proportion fixed +by contract, either one-half or one-third of the produce +going to the owner, in the case of a field or irrigated +meadow and two-thirds in the case of a garden.<note place='foot'>§§ +46, 64.</note> The difference was due to the fact that in the former case the +owner furnished the land only, possibly with its water-supply; +in the latter case he also furnished the plants. In +the contemporary contracts we have but few cases where +the crop is shared. In these cases the owner and tenant +share equally.<note place='foot'>M. A. P., 76, +B<hi rend='vertical-align: super'>2</hi> 460.</note> +The tenant was also to erect a <foreign rend='italic'>manaḫtu</foreign>, or +<q>dwelling.</q> It was needful that he should reside on the +<pb n='198'/><anchor id='Pg198'/> +property to take care of the crop. This was stipulated +for and the clause added that he should hand over the +dwelling to the landlord. For such dwellings compare +the <q>cottage in the wilderness</q> of Isaiah 1. 8. +</p> + +<p> +<note place='margin'>Duties of tenants</note> +The tenant, of course, was bound to cultivate the land. +The duties which fell to his share were <q>to plough, harrow, +weed, irrigate, drive off birds,</q><note place='foot'>M. +A. P., p. 12, note 3, p. 143, No. 77.</note> but these duties are +but rarely stipulated. The Code protects the tenant, +however,<note place='foot'>§ 42.</note> +from any unfair compulsion in the matter, so long as +the landlord gets his fair rent. +</p> + +<p> +<note place='margin'>Fixed rental</note> +Fields were also let at a fixed rent, usually payable in +kind. The contracts of the First Dynasty of Babylon give +a large number of examples of this sort. The kinds of +field are distinguished as <hi rend='italic'>AB-SIN</hi>, +or <foreign rend='italic'>šerû</foreign>, +and <hi rend='italic'>KI-DAN</hi>. +The average rent for the former was eight <hi rend='italic'>GUR</hi> of corn per +<hi rend='italic'>GAN</hi>; of the latter, eighteen +<hi rend='italic'>GUR</hi> per <hi rend='italic'>GAN</hi>. The former +class may include land with corn standing upon it, or +simply corn-land; the latter land as yet unbroken, or +fallow. The latter class seems to have been much more +fertile. +</p> + +<p> +This rent later became more fixed because the average +yield per area was set down in the lease and the yield in +corn was estimated in money according to the ordinary +value of corn. Thus the rent is stated to be so much +money. +</p> + +<p> +<note place='margin'>Improving lease</note> +Land was often let to reclaim, or plant. The Code lays +down as law what was evidently a common practice. In +the case of waste land given to be reclaimed the tenant was +rent free for three whole years. In the fourth year he paid +a fixed rent in corn, ten <hi rend='italic'>GUR</hi> per +<hi rend='italic'>GAN</hi>.<note place='foot'>§ 44.</note> Land let to be +turned into a garden was rent free for four years. In the +fifth year the tenant shared the produce equally with the +landlord.<note place='foot'>§ 60.</note> +</p> + +<pb n='199'/><anchor id='Pg199'/> + +<p> +Contracts illustrating this form of lease are quite common +in the time of the First Dynasty of Babylon. +</p> + +<p> +<note place='margin'>Manorial obligations</note> +Freedom from various obligations might be granted by +royal charter. In fact, it is from these charters that we +know of the existence of the obligations for the most part. +The land so freed was called <foreign rend='italic'>zakû</foreign>. Land sold is often +said to be <foreign rend='italic'>zakû</foreign>, and we may suppose it was so because +it had once been freed by charter. But this is not quite certain. +The charter was granted to a person and his heirs. Doubtless, +as long as they held it, it would be free, but it is not +clear that they could sell it as freed forever. But we only +know that some land was free. On whom then fell the +obligations? So far as they were due to the king, they +may have been abolished, but such obligations as repairs of +the canal banks must surely have been taken up by others. +If not, the granting of charters must have been a fruitful +source of trouble and distress to the land. +</p> + +<p> +<note place='margin'>Their basis in the obligation of fair maintenance</note> +The obligations were of various kinds. Some were directly +extensions of the duty of a tenant to exercise proper +care of the estate. A very prominent duty was the care of +the canals. To see that they were kept in proper order +was the mark of good government. To allow them to fall +into disrepair was probably the result of weak government, +or the exhaustion due to defeat in war. But it very soon +led to the impoverishment of the country. The Code contemplates +the care of the canal banks, or dikes, as the duty +of the land-owner adjoining.<note place='foot'>§ +53.</note> It holds him responsible for +any damage done to the neighbors' crops by his neglect to +close a breach, or leaving the feed-pipe running beyond the +time needed to water his field. But the canal was also +liable to silt up or become choked with water-weeds, and +the care of dredging it out was that of the district governor. +He might carry out this duty by summoning the riparian +<pb n='200'/><anchor id='Pg200'/> +owners to clean out the bed of the canal,<note place='foot'>K. +L. Ḥ., p. xxxvii.</note> or by a levy for +the purpose. Soldiers, or at any rate, forced labor, +might be used.<note place='foot'>Ib., p. 16.</note> +Later, in the time of Nebuchadrezzar I., +we find men, hired for the purpose, called <foreign rend='italic'>ḳallê nâri</foreign>, or +canal laborers.<note place='foot'>C. T., IX., No. 92987.</note> +</p> + +</div> + +<pb n='201'/><anchor id='Pg201'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf' level1="XIX. The Army, Corvee, And Other Claims For Personal Service"/> +<head>XIX. The Army, <hi rend='italic'>Corvée</hi>, And Other Claims For Personal +Service</head> + +<p> +<note place='margin'>The levy</note> +There was always a militia, <foreign rend='italic'>Landwehr</foreign>, or territorial levy +of troops. Each district had to furnish its quota. These +are called <foreign rend='italic'>ṣâbê</foreign>, or +<foreign rend='italic'>ummanâte</foreign>. We have no direct statements +about them, but a great multitude of references. +They were called out by the king, <foreign rend='italic'>adki ummanâtîa</foreign>, <q>I +called out my troops,</q> is a stock phrase. The calling out +was the <foreign rend='italic'>dikûtu</foreign>. Not easily to be distinguished from this +was the <foreign rend='italic'>šisîtu</foreign> of the +<foreign rend='italic'>nâgiru</foreign>. That officer seems to have +been an incarnate War Office. It is not clear whether he +always acted solely for military purposes. The <q>levy</q> +seems to have been equally made for public works. The +men were <q>the king's men,</q> whether they fought or built. +The obligation to serve seems to have chiefly affected the +slaves and the poorer men, the <foreign rend='italic'>muškênu</foreign>. In the Code of +Ḥammurabi<note place='foot'>§ 16.</note> it +was punishable with death to harbor a defaulter +from this <q>levy.</q> +</p> + +<p> +<note place='margin'>Forced labor</note> +Claims might also be made for work on the fields. This +was called <foreign rend='italic'>ḫubšu</foreign> and we know little about it more than +that Sargon II. charged his immediate predecessors on the +throne with having outraged the privileges of the citizens +of the old capital Asshur, by putting them to work on the +fields. +</p> + +<p> +The obligation to provide a soldier for the state was tied +<pb n='202'/><anchor id='Pg202'/> +to a definite plot, or at any rate, to all estates of a certain +size. The <foreign rend='italic'>ilku</foreign>, or obligation of the land, was +transferred with it. In Assyrian times, the military unit was the bowman +and his accompanying pikeman and shield-bearer. +The land which was responsible for furnishing a <q>bow,</q> +<foreign rend='italic'>ḳaštu</foreign>, in this fashion, +was itself called a <q>bow</q> of land.<note place='foot'>A. D. D., ii., p. 172.</note> +</p> + +<p> +<note place='margin'>Exemption of certain cities</note> +Some cities claimed for their citizens a right of exemption +from <q>the levy.</q> In Sargon's time, we find that cities like +Asshur had been subjected by Shalmaneser IV. to this +service, and Sargon restored their rights. He freed them +from <foreign rend='italic'>dikûtu mâti</foreign>, +<foreign rend='italic'>šisîtu nagiri</foreign>, and +<foreign rend='italic'>miksu kâri</foreign>.<note place='foot'>A. +O. F., i., p. 404.</note> The city had not known +the <foreign rend='italic'>ilku dupsikku</foreign>. Later, we find an officer, +Tâb-ṣil-ešarra,<note place='foot'>H. A. B. L., p. +89.</note> complaining that, when he was desirous of +doing some repairs to the queen's palace in Asshur, of +which city he was <foreign rend='italic'>šaknu</foreign>, Sargon's freeing of the city had +rendered the <foreign rend='italic'>ilku</foreign> of the city unavailable to +him.<note place='foot'>A. D. D., ii., p. 174 f.</note> +</p> + +<p> +In the so-called <q>Tablet of warnings to kings against +injustice,</q><note place='foot'>C. T., xv., 50.</note> +the cities of Borsippa, Nippur, and Babylon are +freed from <foreign rend='italic'>dupsikku</foreign> and +<foreign rend='italic'>šisîtu nâgiri</foreign>. This was drawn +up in the time of Ashurbânipal, but whether it was original +with him is not clear. At any rate, later, under Cambyses +and Darius, these cities were again subject to the <q>levy.</q> +</p> + +<p> +<note place='margin'>Classes subject to the levy</note> +This obligation to perform forced labor, or serve in the +army, fell on the agricultural population primarily. Indeed, +it seems that the men who discharged it might be +called upon to do field labor, and it was an aggravation of +the insults put upon the old capital Asshur, that its citizens +were set to do field labor.<note place='foot'>A. O. F., i., +p. 404 f.</note> On all country estates, there +were a number of serfs, <foreign rend='italic'>glebae adscripti</foreign>, sold with the +estate, but not away from it. These, as the Ḥarran census +shows, often had land of their own. But they were bound +to till the soil for the owner. They included the +<foreign rend='italic'>irrišu</foreign>, or +<pb n='203'/><anchor id='Pg203'/> +<note place='margin'>Service at the royal weaving establishments</note> +irrigator, the husbandman in charge of date-plantations, +gardens, or vineyards. From these were drawn the men +who served in the army as <q>king's men,</q> and on public +works. They seem to have been liable to five or six terms +of service, season's work probably, or campaigns, and then +were free. At any rate, the heads of families seem to be +free. The daughters as well as sons were subject to service, +probably to repair to the great weaving houses in the +towns. We read of these weaving establishments from +early times. M. Thureau-Dangin has called attention to +their occurrence in the Telloh tablets of the Second Dynasty +of Ur.<note place='foot'>Rev. Ass., III., p. 140.</note> +</p> + +<p> +The amounts of wool assigned to different cities to work +up are the subject of many tablets.<note place='foot'>A. +D. D., 951 ff.</note> In the great cities, +the temples or the palaces were the home of this industry; +but quantities of stuff were served out under bond to +private establishments to be worked up and returned or +paid for. The work on these industries constituted the +<foreign rend='italic'>amat šarrûti</foreign>, or obligation +to serve as <q>king's handmaid.</q> +It lay also upon slaves. It is doubtful whether +the obligation included domestic service. From the second +Babylonian Empire we have a host of tablets relating to +these weaving accounts. They will be found fully discussed +by Dr. Zehnpfund in his <hi rend='italic'>Weberrechnungen</hi>.<note place='foot'>B. +A. S., i., pp. 492-536, 632-36.</note> +</p> + +<p> +<note place='margin'>Obligations of slave to the state</note> +The married slave, even in the city, usually lived in his +own house. His children were born to slavery, but were +usually not separated in early life from their parents. +They entered their master's service, and might be sold when +grown up. They might learn a trade and so earn a living, +paying a fixed sum to their master. They might become +agricultural laborers, and so attain a fixity of tenure as +serfs. But on all these subject classes, slaves, whether +<pb n='204'/><anchor id='Pg204'/> +domestic or living out, serfs, and artisans, there lay the obligation +to do forced work for the king. After a certain +number of terms of service, they were exempt. +</p> + +<p> +<note place='margin'>Public obligations</note> +The obligations to public institutions which existed in +Babylonia in later times have not yet been made the subject +of a thorough study. Kohler and Peiser have noted several +of the more important indications, and to them we owe +what has been done up to the present. +</p> + +<p> +<note place='margin'>To take a share in the expense of warfare</note> +The most noteworthy obligation was what they call the +<foreign rend='italic'>ḳablu</foreign>. This has the same sign as so commonly used in the +phrase, <foreign rend='italic'>ḳablu u taḫâzu</foreign>, for <q>war and fighting.</q> +But it is also the ideogram for <foreign rend='italic'>šisîtu</foreign>, +the call of the <foreign rend='italic'>nâgiru</foreign> to war or +the corvée. There is no doubt that it indicates the levy for +war. The <foreign rend='italic'>rikis ḳabli</foreign> was the money due from certain +persons to furnish a soldier for the war. Thus we have seventy +shekels paid to a certain man, in the fifth year of Darius, to +go to the city Shiladu.<note place='foot'>Dar. +164.</note> Again, a certain Bêl-iddin had to +find twenty-five shekels to pay a substitute to go for him to +the presence of the king.<note place='foot'>Dar. +156.</note> Another man paid the wages of a +soldier for two years.<note place='foot'>Dar. 481.</note> +This was an <foreign rend='italic'>æs militare</foreign>. In another +case we find the <foreign rend='italic'>rikis ḳabli</foreign> for a horseman for a certain +troop, for three years. It consisted of an ass worth fifty +shekels, thirty-six shekels for its keep, twelve coats, twelve +breastplates (?), twelve <foreign rend='italic'>mušapallatum</foreign>, +twelve leather <foreign rend='italic'>mîṭu</foreign>, +twenty-four shoes, thirty <hi rend='italic'>ḲA</hi> of oil, +sixty <hi rend='italic'>ḲA</hi> of bdellium +sixty <hi rend='italic'>ḲA</hi> of some aromatic, all as equipment, +<foreign rend='italic'>ṣiditum</foreign>, to go +to the camp (?). This may be described as +<foreign rend='italic'>æs equestre</foreign>.<note place='foot'>Dar. 253.</note> +So<note place='foot'>Camb. 276.</note> the burgomaster of Babylon paid +<foreign rend='italic'>rikis ḳabli</foreign> for three years +for a certain soldier, receiving the amount from single citizens. +How this arose, what dues it was a composition for, and +whether it antedates Persian times, are details not yet clear. +</p> + +<p> +<note place='margin'>To pay dues for the land</note> +Besides the personal obligation to contribute <q>work,</q> +<foreign rend='italic'>dullu</foreign>, a liability for contributions in +kind, <foreign rend='italic'>ilku</foreign>, dues from +<pb n='205'/><anchor id='Pg205'/> +the land, existed. We are in the dark as yet as to the +exact form these took. In the Code, the <foreign rend='italic'>ilku</foreign>, or duty +from an estate held as the benefice of an office, was the fulfilment +of the functions of the office.<note place='foot'>§ 35.</note> The word does not +seem to denote contributions. But the word literally is +what <q>comes</q> of any holding, income, or what is <q>taken</q> +from it. In a charter of Melišhiḫu,<note place='foot'>D. E. P., II.</note> we have a +long list of powers which could be exercised by the king's officials over +land. They are levies or forced contributions of wood, +crops, straw, corn, wagons, harness, asses or men, rights to +abstract water from canals, to drink from the water, to +pasture herbage, or set on the royal flocks or herds, to pasture +sheep, to construct roads or bridges. These are referred +to as either a <foreign rend='italic'>dullu</foreign> or +<foreign rend='italic'>ilku</foreign>. The governor is named +as likely to demand right of pasture for his flocks and herds +or work for roads and bridges. But we are left without +information as to the proportion these levies bore to the +property. All we can conclude is that the king had a right +to impress such things or such labor. Few, if any, other +documents are so full and explicit as to the dues exacted +from the land, but all these dues are mentioned again, one +or two together, in almost all the charters. +</p> + +<p> +<note place='margin'>The temple tithe</note> +This is one of the most important dues from land. It +was paid to the temple. Some are inclined to see it in +the <foreign rend='italic'>niširtu</foreign>, from which many charters exempt land; but +others consider this merely a word for <q>diminution,</q> or +levy in general. There is no means of deciding yet as +to the time at which the tithe first became a fixed institution. +</p> + +<p> +<note place='margin'>In Assyria</note> +There seems to be no trace in Assyrian times of any payment +of a tithe. The tithe <foreign rend='italic'>rab ešrite</foreign>, which has been rendered +<q>tithe collector,</q> is more likely to be a commander +of ten, a decurion.<note place='foot'>A. D. D., § 236.</note> +</p> + +<pb n='206'/><anchor id='Pg206'/> + +<p> +<note place='margin'>Common among Neo-Babylonians</note> +The evidence for the existence of tithe in the later Babylonian +period is very full. All seem to have paid it, from the +king downward. Nabonidus paid, on his accession, to the +temple at Sippara, five minas of gold. It was a very large +sum, but may have been a sort of succession duty rather +than an income-tax.<note place='foot'>Nbn. 2.</note> It is curious that we also find +Belshazzar named as paying tithe, due from his sister, and that +when the Persian army was already in possession of +Sippara.<note place='foot'>Sayce.</note> +This shows that the Persians were friendly invaders and +respected the rights of private property and of the temples. +Belshazzar also paid tithe, through his major-domo, to Bêl, +Nabû, Nêrgal, and Bêlit of Erech.<note place='foot'>Nbd. 270.</note> +</p> + +<p> +<note place='margin'>Often paid collectively</note> +It was paid for a group of persons by one of their company, +or perhaps we might say that certain persons collected +tithe from their district and paid it in. Thus we have a +document recording the payment by one man of the tithe +due from a number of shepherds, cultivators, and gardeners, +in the city of Maḫâz-Shamshi.<note place='foot'>Nbk. +220.</note> In the time of Artaxerxes I., +Hilprecht has shown that in some cases <q>the bow</q> of land +also paid tithe.<note place='foot'>B. E. P., ix., p. 36.</note> +</p> + +<p> +<note place='margin'>Usually in kind</note> +Tithe was usually paid in kind, on all natural products, +corn, oil, sesame, dates, flour or meal, oxen, sheep, asses, +and the like, but also was liquidated by a money payment. +The tablets relating to it are very numerous, but +in nearly every case amount to no more than a receipt for +its payment. +</p> + +<p> +Tithe became property apparently and was negotiable. +So at least appears from Nebuchadrezzar 270. We thus +have property in income from land. +</p> + +<p> +<note place='margin'>Octroi duties</note> +The various dues, <foreign rend='italic'>miksu</foreign>, seem to have been a sort of +octroi duty. They were levied at the quay, <foreign rend='italic'>miksu kâri</foreign>, +at the ferry, <foreign rend='italic'>miksu nibiri</foreign>. They are only mentioned in +the +<pb n='207'/><anchor id='Pg207'/> +charters, granting exemptions from them, to certain estates +or their owners. Closely related to these were the +<foreign rend='italic'>mikkasu</foreign>, +which seem to be some sort of due or tax levied upon all +<foreign rend='italic'>naturalia</foreign>, and even upon the dues which were paid into +the temples. We have frequent mention of them in later +times, in the temple accounts. +</p> + +</div> + +<pb n='208'/><anchor id='Pg208'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XX. The Functions And Organization Of The Temple</head> + +<p> +<note place='margin'>The great importance of the temple</note> +The temple exerted an overwhelming financial influence +in smaller towns. Only in certain large cities was it rivalled +by a few great firms. Its financial status was that of the +chief, if not the only, great capitalist. Its political influence +was also great. This was largely enlisted on the side of +peace at home and stability in business. +</p> + +<p> +<note place='margin'>Varieties and origin of temple dues</note> +The importance of the temple was partially the result of +the large dues paid to it. These consisted primarily of a +<foreign rend='italic'>ginû</foreign>, or fixed +customary daily payment, and a <foreign rend='italic'>sattukku</foreign>, or +fixed monthly payment. How these arose is still obscure. +They were paid in all sorts of natural products, paid in kind, +measured by the temple surveyor on the field. Doubtless, +these were due from temple lands, and grew out of the endowments +given to the temple. These often consisted of +land, held in perpetuity by a family, charged with a payment +to the temple. The land could not be let or sold by the +temple, nor by the family. Such land was usually freed +from all other state dues. The endowment was thus at the +expense of the state. An enormous number of the tablets +which have reached us from the later Babylonian times +concern the payment of these dues. They mostly consisted +of corn and sesame, or other offerings, and the tablets are +receipts for them. In Assyrian times the +<foreign rend='italic'>ginû</foreign> also included +flesh of animals and birds. In some few cases we +have long lists of these daily dues, accompanied by precious +<pb n='209'/><anchor id='Pg209'/> +gifts in addition. The gifts were perishable, but were accompanied +by a note specifying them, and the good wishes +or purpose of the donor.<note place='foot'>A. D. +D., 998-1092.</note> These notes were preserved as +mementos of the donor's good-will. +</p> + +<p> +<note place='margin'>The temples as owners of rented land</note> +Temples, however, also possessed lands which they could +let. They also held houses which they might +let.<note place='foot'>Nbd. 428, 439.</note> In fact, +the temples could hold any sort of property, but apparently +could not alienate any. Some lands the temple officials administered +themselves, having their own work-people. We +have mention of these lands from the earliest times (<hi rend='italic'>e.g.</hi>, the +very early tablet referred to above),<note place='foot'>Page +<ref target="Pg196">196</ref>.</note> right down through the +Sumerian period. We have almost endless temple accounts, +many of which relate to the fields of the temple, giving their +dimensions and situation, with the names of the tenants, or +serfs, and the rents or crops expected of them. Then, in +the First Dynasty of Babylon, we find the lands, gardens, +courts, <hi rend='italic'>et cetera</hi>, of the gods named. We no longer have +the temple accounts, but the private business transactions +of the citizens, whose neighbors are often the gods themselves, +as direct land-owners. In Assyrian times the mention +of temple lands is very common. In later Babylonian +times there is abundant evidence of the same custom. Dr. +Peiser devotes a considerable portion of the introduction to +his <hi rend='italic'>Babylonische Verträge</hi> to this subject. How the temple +became possessed of these lands we do not know. We +do know of large gifts of land by kings, rich land-owners +and the like, but we do not know whether originally the +temple started with land. When a king speaks of building +a temple to a god, we may understand that he really rebuilt +it, or erected a new temple on the site. Before kings, +the <foreign rend='italic'>patêsis</foreign> did the +same. But did a <foreign rend='italic'>patêsi</foreign> precede a +temple or <hi rend='italic'>vice versâ</hi>? and did the first founder, or the +town, grant the first temple lands? +</p> + +<pb n='210'/><anchor id='Pg210'/> + +<p> +<note place='margin'>Their income from private sources</note> +The temples had further a variable revenue from private +sources. There were many gifts and presents given voluntarily, +often as thank-offerings. The temple accounts give +extensive lists of these from the earliest times to the latest. +They were of all sorts, most often food or money. But +they were often accompanied by some permanent record, a +tablet, vase, stone or metal vessel, inscribed with a votive +inscription. These form our only materials for history in +long spaces of time. +</p> + +<p> +<note place='margin'>Share of the temple in the sacrifices</note> +Sacrifices were, of course, largely consumed by the +offerers and those invited to share the feast. But the temple +took its share. The share was a fixed or customary +right to certain parts. For one example, the temple of +Shamash at Sippara had its fixed share of the sacrifice, +taking <q>the loins, the hide, the rump, the tendons, half the +abdominal viscera and half the thoracic viscera, two legs, +and a pot of broth.</q> The usage was not the same at all +temples. In the temple of Ashur and Bêlit at Nineveh we +have a different list.<note place='foot'>A. D. D., +Nos. 998-1013, etc.</note> For the parallels with Mosaic ritual, +and the Marseilles sacrificial tablet, see Dr. J. Jeremias, +<hi rend='italic'>Die Cultus Tafel von Sippar</hi>. The list was drawn up +by Nabû-aplu-iddin, King of Babylon <hi rend='smallcaps'>b.c.</hi> +884-860.<note place='foot'>Haupt, <hi rend='italic'>Journal +of Biblical Literature</hi>, xix., p. 60.</note> +</p> + +<p> +<note place='margin'>Sometimes sold for cash</note> +This was of course a variable source of income, depending +upon the popularity of the cult and the population of the district. +It was also perishable and could not be stored. It is +certain that in some cases this source of income was so large +that the temple sold its share for cash.<note place='foot'>Nbk. +213 with Nbk. 396.</note> This must be carefully +distinguished from the <foreign rend='italic'>ginû</foreign> +and <foreign rend='italic'>sattukku</foreign> mentioned +on page 208, which were constant and regular supplies. +</p> + +<p> +<note place='margin'>The temple as a business institution</note> +The temple was also a commercial institution of high efficiency. +Their accumulations of all sorts of raw products +<pb n='211'/><anchor id='Pg211'/> +were enormous. The temple let out or advanced all kinds +of raw material, usually on easy terms. To the poor, as +a charity, advances were made in times of scarcity or personal +want, to their tenants as part of the metayer system +of tenure, to slaves who lived outside its precincts, +and to contractors who took the material on purely commercial +terms. The return was expected in kind, to the +full amount of advance, or with stipulated interest. Also in +some cases, especially wool and other clothing stuffs, in made-up +material. Definite fabrics, mostly garments and rugs or +hangings, were expected back. Some quantity was needed +for garments and vestments for temple officials, some for +the gods. But a great deal was used for trade. We have +references to temple treasuries and storehouses from the +earliest times to the latest. +</p> + +<p> +<note place='margin'>The temple as a place of deposit and traffic</note> +The temples did a certain amount of banking business. +By this we mean that they held money on deposit against +the call of the depositor. Whether they charged for safekeeping +or remunerated themselves by investing the bulk +of their capital, reserving a balance to meet calls, does not +yet appear. But the relatively large proportion of loans, +where the god is said to be owner of the money, points to +investment as the source of a considerable income. Here a +careful distinction must be made between the loans without +interest, or with interest only charged in default of +payment to time, and those where interest is charged at +once. The latter are banking business, the former were +probably only the landlord's bounden duty to his tenant +by the custom of his tenure. The temples also bought and +sold for profit. +</p> + +<p> +<note place='margin'>The temple staff</note> +The greater officials, of course, appear often at court. +The king was accompanied by a staff of priestly personages. +They frequently appear in the inscriptions and on the monuments. +His court reproduced that of the gods above. The +<pb n='212'/><anchor id='Pg212'/> +officials in one answered, man for man and office for office, +with those above. +</p> + +<p> +<note place='margin'>The priestly influence over the king</note> +The king, by his religion, could do nothing without religious +sanction. The support of the priestly party was essential. +In the more unsettled times they were to a great +extent king-makers. To estrange the priests was a dangerous +policy always. Besides their immense wealth they +had the sanctions of religion on their side. To all men +certain things were right, and the priests then had what +right there was on their side. A king was under obligation +to come to Babylon to take the hands of Bêl-Merodach +each New Year's Day. If he did not, he not only +offended the priests, but also committed a wrong in the +eyes of his people. +</p> + +<p> +<note place='margin'>Their influence on the whole predominantly ethical</note> +But the kings were often inclined to rely upon conjurers, +soothsayers, magicians, and the like. It would be a fatal +mistake to confuse these with the priests. The best kings +were those who set their face against magic and supported +the more rational local or national worships. Sargon II., +Esarhaddon, Nebuchadrezzar II., are examples of the latter, +while Ashurbânipal is a great example of the magic-ridden +kings. Ḥammurabi apparently strove to put down magic. +The eternal struggle between the <q>science</q> (falsely so-called) +of magic and divination on the one hand and the higher +claims of religious duty on the other, is the key to much +that is misunderstood in the politics of the time. It would +be too much to say that the priestly party were always on +the side of morality, or that they were not often allied with +the soothsayers, but it is certain that what ethical progress +there was, was due to them. In religious texts alone have +we aspiration after higher ideals. Who can fancy a wizard +troubled about ethics? +</p> + +<p> +<note place='margin'>Honors paid to priesthood</note> +The priest proper, <foreign rend='italic'>šangû</foreign>, was a person of the highest +rank. He appears very little on the whole. His chief +<pb n='213'/><anchor id='Pg213'/> +function was to act as mediator between god and man, as +over the sacrifice offered. +</p> + +<p> +<note place='margin'>Additional duties</note> +He had public duties outside his priestly office. He inspected +canals.<note place='foot'>Camb. 19.</note> He often acted as a judge. +</p> + +<p> +<note place='margin'>Their college</note> +There was a college of priests attached to some temples, +over which was a <foreign rend='italic'>šangû maḫḫu</foreign> or <q>high-priest.</q> +</p> + +<p> +<note place='margin'>Their exact functions uncertain</note> +The general idea that <foreign rend='italic'>mašmašu</foreign>, +<q>charmer</q>; <foreign rend='italic'>kalû</foreign>, <q>restrainer</q>; +(?) <foreign rend='italic'>maḫḫû</foreign>, <q>soothsayer</q>; +<foreign rend='italic'>surru</foreign>; <foreign rend='italic'>lagaru</foreign>; +<foreign rend='italic'>šâ'ilu</foreign>, <q>inquirer</q>; +<foreign rend='italic'>mušêlu</foreign>, <q>necromancer</q>; +<foreign rend='italic'>âšipu</foreign>, <q>sorcerer</q>; all +properly <q>magicians,</q> are subdivisions of the general term +<foreign rend='italic'>šangû</foreign>, is yet to be proved. Except when, in rare cases, +the same man was both, the scribes carefully distinguish +them. The idea seems to arise from the same modern confusion +of thought which starts by calling an unknown +official first a eunuch, then a priest. We do not yet fully +know the functions or methods of these officials. They +remain to be studied.<note place='foot'>Professor H. Zimmern has +made a splendid beginning in his <hi rend='italic'>Beiträge zur +Kenntniss der Babylonischen Religion</hi> by determining the functions +of the <foreign rend='italic'>barû</foreign>, the +<foreign rend='italic'>âsipu</foreign>, and the +<foreign rend='italic'>zammaru</foreign>. He calls them all +<q>priests.</q> But he does not show that either was a +<foreign rend='italic'>šangû</foreign>. It may really be so, +but why confuse what the Babylonians kept distinct?</note> +</p> + +<p> +<note place='margin'>The warden</note> +The <foreign rend='italic'>ḳêpu</foreign>, or <q>warden,</q> was over the temple servants. +He let the temple lands. He inspected the temple slaves +and work-people.<note place='foot'>Cyr. 292.</note> +</p> + +<p> +<note place='margin'>The steward</note> +The <foreign rend='italic'>šatammu</foreign> was over the revenues. This name is +clearly connected with the <foreign rend='italic'>šutummu</foreign> or storehouse. +</p> + +<p> +Certain officials, as surveyors or measurers, scribes, <hi rend='italic'>et +cetera</hi>, may have been of priestly rank and held these offices +as well. But as a rule, a man appears with an official title, +without our being able to see whether he was a priest or +not. +</p> + +<p> +<note place='margin'>The workmen</note> +The temple kept its artificers, who had board and wages. +It had its serfs, or land laborers, not actual slaves, but +<pb n='214'/><anchor id='Pg214'/> +free except for their duty to the temple. They lived on +the produce of their holdings, subject to a fixed, or produce-rent. +</p> + +<p> +There were temple slaves, who performed the menial +offices without wages, but were clothed and fed. +</p> + +<p> +Within these classes doubtless came some of those who +appear as slaughterers, water-carriers, doorkeepers, bakers, +weavers, and the like. A temple also had its shepherds, +cultivators, irrigators, gardeners, <hi rend='italic'>et cetera</hi>; but it is far from +easy to determine the exact degree of dependence in each case. +</p> + +<p> +The temple even had its own doctor.<note place='foot'>Cyr. 352.</note> +</p> + +<p> +<note place='margin'>Similarity of the temple to the monastic system</note> +In all these cases we may compare the monastic institutions +of the Middle Ages. We are not as a rule able to see +whether they were <q>lay brothers,</q> or had become <q>clerics,</q> +as well as <q>clerks.</q> But there is no sign of celibacy. +Even the priests were married. +</p> + +<p> +Attached to the temple were votaries.<note place='foot'>Page +<ref target="Pg076">76</ref>.</note> In not a few +cases the above offices might also be held by women, even +such an office as surveyor might be held by a woman. +There were many female <q>clerks.</q> All the temple staff +were maintained by the temple, boarded, fed, and clothed, +at the temple expense. But private persons might undertake +to keep a definite temple official, perhaps were bound +to do so, by the terms of some endowment.<note place='foot'>Nbd. 773.</note> +</p> + +<p> +<note place='margin'>Hereditary rights</note> +The right to serve in certain offices was hereditary in +some families. As these multiplied, the office was held in +turn by members of the family for a short time, so that it +may well be that an individual priest only exercised his +functions for a very limited part of the year. +</p> + +<p> +<note place='margin'>Origin of clan names</note> +Great families took their clan name from their office; for +example, the Gula priests in later Babylonian times, or as +the <foreign rend='italic'>mandidu</foreign>, <q>measurer,</q> +or <q>surveyor,</q> attached to a +temple, became a clan name. +</p> + +<pb n='215'/><anchor id='Pg215'/> + +<p> +<note place='margin'>Proprietary rights to share in temple incomes</note> +Hence arose property in temple incomes. That these +were considerable we know from the lists of temple accounts. +These form the bulk of the earliest documents. +From them we learn that each day certain officials received +certain allowances, mostly food and drink. From later documents +we learn that men apparently not connected with +the temple had become lay impropriators of the temple allowances +originally intended only for temple officers. +</p> + +<p> +<note place='margin'>These rights negotiable</note> +The right to receive these was a valuable and negotiable +asset. Thus we read of a right to five days per year in the +temple of Nannar, sixteen days per year in the temple of Bêlit, +and eight days in the shrine of Gula as being the <foreign rend='italic'>namḫar</foreign> +of Sin-imgurâni and Sin-uzili.<note place='foot'>M. A. P., +41.</note> This was confirmed to them +by a legal decision in the time of Rîm-Sin. We read also +of a right to act as <foreign rend='italic'>šatammu</foreign>, +for six days per month, in the temple of +Shamash.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2175 A.</note> In later times the <foreign rend='italic'>mandidûtu</foreign>, +or surveyorship, to the temple of Anu, Ib, and Bêlit-êkalli, exercised +in the temple, storehouse, and field, was sold, shared, +and pledged.<note place='foot'>P. A. S., II., +8.</note> Another such right was given on condition +that it was not sold for money, granted to another, pledged, +nor diminished in any way, and should pass to the possessor's +daughter on his death.<note place='foot'>P. A. S., II., +23.</note> The porter's post at Bâb Salimu +was given as a pledge. Shares in these incomes were +regularly traded in, sold, and pledged. +</p> + +<p> +<note place='margin'>Other endowments of office</note> +The position of a priest, or other official, carried with it +an endowment. On this point the Code is very explicit for +the cases of the <foreign rend='italic'>ridû ṣâbê</foreign> +and the <foreign rend='italic'>bâ'iru</foreign>, officials charged +with the collection of local quotas for the army and public +works. They were recruiting sergeants, press-gang officers, +and post-office officials. The office was endowed by royal +grant. They were liable to be called on in the discharge of +their duties to make lengthy journeys and be absent from +home for a length of time, even years. In their absence, +<pb n='216'/><anchor id='Pg216'/> +their duties could be delegated to a son, if old enough, otherwise +a substitute was put in. They could claim reinstatement +within a certain time. But their endowment was inalienable +from the office and could not be treated as private +property. +</p> + +<p> +<note place='margin'>Also the great offices at court</note> +Quite similarly the great state officials in Assyria had +endowments which were not personal, but went with the +office. Thus we learn from the Ḥarran census that certain +lands paid rent or crops to certain offices. +</p> + +<p> +<note place='margin'>These rights maintained by inheritance</note> +In later times the rights to income are very prominent, +perhaps solely in virtue of the class of documents which has +reached us. Occasionally we are able to learn exactly what +they were. For example, the surveyor for the temple of +Anu had a right to two <hi rend='italic'>GUR</hi> of corn, +two <hi rend='italic'>GUR</hi> of dates, +fifty <hi rend='italic'>ḲA</hi> of wheat, six +<hi rend='italic'>ḲA</hi> of sesame, on every eighteen +<hi rend='italic'>ḲA</hi> of land. When the corn and dates were harvested, on +one <hi rend='italic'>GUR</hi>, six <hi rend='italic'>ḲA</hi> were levied. +</p> + +<p> +<note place='margin'>The relation to the state</note> +It is not clear that a temple had any direct duties to the +state. Peiser thinks that they collected dues for the state. +Certainly they had attached to them the king's storehouses. +Certain amounts were paid in for certain state officials. In +the Code of Ḥammurabi we see that a temple might be +called upon to ransom a member of the town who had been +taken captive. +</p> + +<p> +<note place='margin'>The loaning of money</note> +In certain circumstances the king's officials might borrow +of the temples.<note place='foot'>A. D. D., No. +930.</note> Thus Nikkal-iddina borrowed of the temple +of Bêlit of Akkad a vessel of silver, weight fifteen minas, +when the Elamites invaded the land. +</p> + +<p> +<note place='margin'>Forced loans</note> +Some kings laid hands on the treasures of the temple +for their own use. Doubtless this was done under bond to +repay. The cases in which we read of such practices are +always represented as a wrong. When Shamash-shûm-ukîn +sent the bribes to the King of Elam, Ummanigash, he spoiled +<pb n='217'/><anchor id='Pg217'/> +the treasuries of Merodach at Babylon, of Nabû at Borsippa, +and of Nêrgal at Cutha, and this was reckoned one of his +evil deeds, which led to his downfall. But if he had been +successful and had repaid his forced loans, doubtless it +would have been excused, and his memory would have been +blessed. +</p> + +<p> +<note place='margin'>The temple a trading institution</note> +Much confusion is introduced by the fact that we do not +know when a temple official acts in his own private capacity +and when on behalf of the temple. The deeds, which +do not expressly state that the money or property belongs +to the god, or the temple, may often be only concerned +with private transactions, but were preserved in the temple +archives on account of the official position of the parties. +But there are plenty of cases, where no doubt exists, to +justify us in regarding the temple as acting in all the capacities +of a private individual, or a firm of traders. +</p> + +</div> + +<pb n='218'/><anchor id='Pg218'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XXI. Donations And Bequests</head> + +<p> +<note place='margin'>Alienation of property</note> +Alienation of property might be complete or partial. +Of complete alienation we may instance donation, sale, exchange, +dedication, testament. The latter was rarely complete +in Babylonia. Examples of partial alienation are +loan, lease, pledge, deposit. +</p> + +<p> +<note place='margin'>Importance of the fact of ownership</note> +We may note as a common mark of all these transactions +the care taken to fix and define ownership. The transfer is +<q>from</q> A to B. In early times the property is usually +first stated to belong to A. Then he is often said in Assyrian +times to be the <foreign rend='italic'>bêlu</foreign> of it, its full and legitimate +owner. The new owner had to be satisfied that A was competent to +part with it. This is often made clearer by saying, in later +times, that no one else has any claim upon it. Hence arise +guarantees against defeasor, redemptor, <hi rend='italic'>et cetera</hi>. This subject +of guarantees is most interesting, though often obscure. +The investigation of the varied rights which were likely to +interfere with freedom of transfer is most important. +</p> + +<p> +<note place='margin'>Peculiar forms of assignments</note> +In certain cases we shall find a sort of hypothecation of +property, as when it is assigned as security, but not given +up. The possession is not free, but it is not alienated. We +have also a <foreign rend='italic'>donatio retento +usufructu</foreign>, which only gives a reversion +of the property. Here also certain rights may be +reserved against the ultimate possessor. +</p> + +<p> +Another interesting point is that property may be credited +to a man, and set off against other liabilities, so that he +<pb n='219'/><anchor id='Pg219'/> +may never actually be in possession, but only nominally +passing it on to others, and even, eventually, it may come +back to the first owner, who may never part with it at all. +</p> + +<p> +<note place='margin'>Restrictions on free gifts</note> +Undoubtedly men were at liberty in daily life to make +presents one to another. But the rights of the family were +so strong that for the most part all the property of the +parents was jealously regarded as tied to the children, or +other legal heirs. When a man died, his property was divided +according to a rigid law of inheritance. When a +woman left her father's house to be married, the father gave +her the share of his goods which fell to her, without waiting +until his death to divide his substance. In this case she +had nothing further at his death. But the property was +not her husband's, though he and she shared its use; it was +entailed to her children. If she had none, it went back to +her father's house: to her brothers, if she had any, or to her +father's other heirs. Unless a man legally adopted his +natural sons, they did not inherit. Hence neither man nor +woman was wholly free to give. But, hedged about with +consents and reservations, donations took place. +</p> + +<p> +<note place='margin'>The conditions of any gift</note> +We have a great variety of types of donation, not always +easy to classify, and often obscure, in some details. The +common characteristics are that deeds of gift were duly +executed, sealed, and witnessed; and that the consents of +the parties, whose expectations were thus diminished, or restricted, +had to be obtained. +</p> + +<p> +<note place='margin'>Establishment of a daughter who became a votary</note> +A daughter might be portioned off for marriage and this +involved a gift, which might be treated as a donation, but +rather comes under the head of marriage-portion, in the +chapter on marriage. Precisely the same portioning took +place when the daughter either became a votary or was dedicated +to the service of a god. Such gifts may be included +here. They usually contain a list of property: sharing +houses, land, slaves, jewels, money, clothes, household furniture, +<pb n='220'/><anchor id='Pg220'/> +even pots of honey or jars of wine. As a rule, in +our present state of knowledge, nothing that could pretend +to be an accurate translation can be given of the items of +such a gift, only a general idea of the nature of the whole. +Such a gift, however, evidently set the lady up in an establishment +of her own, with all she could require for maintenance +and comfort for the rest of her life. +</p> + +<p> +<note place='margin'>Rights in a gift made by a votary</note> +Here these donations split up into separate classes. The +recipient might have only a life interest in her gift, or it +might be hers outright. The latter case could not be presumed. +The heirs of her parents, <q>her father's house,</q> +would maintain their claim at her death, unless they had +specially contracted to waive it. Then the clause was inserted +that she might <q>give her sonship to whomever she +pleased,</q> <foreign rend='italic'>ašar eliša +tâbum aplûtsa inadin</foreign>.<note place='foot'>M. +A. P., 7.</note> By <q>sonship</q> +is meant <q>heirship.</q> Such cases do not seem common and +are probably to be explained as due to the fact that as a +votary she had no legitimate heir. It is important to note +that there is no hint that, if she died without heirs, the +temple would inherit. +</p> + +<p> +<note place='margin'>Gifts made by a father to a daughter</note> +A modified freedom is allowed by a father who gives his +daughter house, land, sheep, slaves, and the like, but limits +her power of gift to her brothers. But among them she +may <q>give it to him who loves and serves +her.</q><note place='foot'>B<hi rend='vertical-align: super'>1</hi> +675.</note> It is assumed +that one of her brothers will care for her and manage +her estate and be rewarded by the reversion of it. As +a rule, it is only a life interest which the recipient has. +</p> + +<p> +A different sort of gift is where the donor reserves to himself +a use of the property as long as he lives, or stipulates +for a life allowance from it. These are usually accompanied +by formal adoption. The recipient is one who has not +already a claim to inherit, but undertakes the care or maintenance +of the donor. Such gifts are best classed under +<pb n='221'/><anchor id='Pg221'/> +adoption, even where the fact of adoption is not stated. +When a parent makes an arrangement of this kind with a +son or daughter, these were possibly adopted by a previous +act. At any rate, it seems likely that such a child was +either unmarried or again free to wait upon the donor. +But whatever the actual state of relationships, we find a +mother giving property to a daughter, reserving the use of +it as long as she lives.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +39.</note> Similarly a brother undertakes +to give one shekel <hi rend='italic'>per annum</hi> to his brother. Here the +grounds of the undertaking are not stated, but a contract to +do this is duly sealed and witnessed.<note place='foot'>M. +A. P., 6.</note> Further, maintenance +is stipulated for, though the relationship is not stated, +nor grounds given. This may not be based upon a gift, +but follow the order of some judge, for other +reasons.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 324.</note> +</p> + +<p> +<note place='margin'>Pin-money for a wife</note> +The husband might settle upon his wife a fixed amount +of property. This was frequently done and was called the +<foreign rend='italic'>nudunnu</foreign>. It might include a house, two maids, clothes, +jewelry, and household furniture.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2504.</note> Here the sons are expressly +said to have no claim, she may give it to whoever +serves her and <q>as her heart desires.</q> Probably she was a +second wife without children, and is thus secured a life of +comfort and the faithful service of her step-sons. As a rule +these gifts are best considered under the head of marriage, +but they were also free gifts on the donor's part. The wife +in any case had her right to inherit with her step-sons, if +her husband made no such settlement. +</p> + +<p> +<note place='margin'>Consent of heirs to the disposal of property</note> +The consent of the legal heirs of the donor to such alienation +of their reversionary rights was needed. Thus in one +case, when a man gives his daughter a house, his son appears +as the first witness.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +544.</note> A father and his son give their +daughter and sister a house, which she is free to give to her +son, <q>whom she loves.</q><note place='foot'>B<hi rend='vertical-align: super'>2</hi> +729.</note> Had the house merely come to +<pb n='222'/><anchor id='Pg222'/> +her as her share in the usual way, it must have been shared +by her sons. If she had none, then her brother would be +the next heir. That she can leave it as she will must be a +matter of legal instrument. The brother must consent to +the exception to the rule. +</p> + +<p> +<note place='margin'>Donation in Assyria</note> +In Assyrian times, donation is rarely represented within +the group of documents which have reached us. Here is +one case:<note place='foot'>A. D. D., No. 619.</note> +</p> + +<quote rend='display'> +The household which Bêl-nâ'id gave to his daughter, Baltêa-abate. +A house in Nineveh, before the great gate of the temple of Shamash. +(Then come the servants, a <foreign rend='italic'>šaḳu</foreign> +or head man, a washerman, a <foreign rend='italic'>šaknu</foreign>, +and others, male and female, in all eleven souls.) Dated the +fourteenth of Adar, in the Eponymy of Marduk-shar-uṣur. Nine +witnesses. +</quote> + +<p> +This may be donation, or adoption, or even a marriage-portion. +</p> + +<p> +At all times, a difficulty arises from the phraseology of +the deeds of gift. When we are told that <q>A has given B +such and such things,</q> we do not know the ground of the +gift. <q>To give for money,</q> <foreign rend='italic'>nadânu +ana kaspi</foreign>, is the usual expression for <q>to sell.</q> +In the older documents <foreign rend='italic'>šarâḳu</foreign>, +<q>to present,</q> often occurs, but has in most cases the derived +technical sense <q>to dower,</q> or <q>give a marriage-portion.</q> +Hence, we are not able to judge whether what appears as +<q>gift</q> may not really be <q>a sale,</q> or some payment meant +to complete the portioning off of a daughter, on marriage +or taking vows. +</p> + +<p> +<note place='margin'>In the Second Babylonian Empire</note> +There are, however, a large number of deeds of gift +which have reached us from the Second Babylonian Empire. +The characteristic formula may be taken to be <foreign rend='italic'>ina ḫûd +libbišu iknukma pâni ušadgil</foreign>, <q>in the joy of +his heart (<hi rend='italic'>i.e.</hi>, +of his own free will, implying that no consideration was +taken <hi rend='italic'>per contra</hi>) he has sealed and placed at the disposal +<pb n='223'/><anchor id='Pg223'/> +of.</q> As a rule, we may suspect these to be <q>gifts</q> +to which the recipient had a right. Thus, mother to son,<note place='foot'>Nbd. +65.</note> brother to sister,<note place='foot'>Nbd. 1098.</note> man to wife +and daughter,<note place='foot'>Nbd. 334.</note> mother to +daughter,<note place='foot'>Nbd. 368.</note> are not free from suspicion. But when a man +gives maintenance to wife and son,<note place='foot'>Nbd. 113.</note> brother gives +dower to sister,<note place='foot'>Nbd. 258.</note> father-in-law gives son-in-law +arrears of his daughter's dower,<note place='foot'>Nbd. 348.</note> and wherever there +is a hint that the <q>gift</q> was a <foreign rend='italic'>nudunnû</foreign>, +or a <foreign rend='italic'>šeriḳtu</foreign>, we may regard the case as not +properly <q>donation,</q> but <q>dower.</q> +</p> + +<p> +<note place='margin'>An example</note> +The following example shows the limitations on free gift +that still remained in later times.<note place='foot'>Nbk. +109.</note> Zêrûtu had married and +had a son, Shâpik-zêri. Then he had an intrigue with +Nasikâtum, daughter of the Sealand scribe, who bore him +a son, Balâṭu. He gave Balâṭu a house, but did not adopt +him. After Zêrûtu died, Shâpik-zêri demanded the house +as his father's heir. The judges gave it to him and also the +deed of gift. +</p> + +<p> +<note place='margin'>Dedications</note> +The dedication of land to a temple or of a child to the +service of a god may be considered as examples of free gift; +but they are of a nature deserving separate consideration. +We have already noticed some cases of such donations by +the kings. We know from the Code that a father might +dedicate a child as a votary,<note place='foot'>§ 180 f.</note> and he might portion that +child; but this did not bring a free gift to the temple, for +the family had the reversion of the votary's property. +</p> + +<p> +As a further example of dedication by a private owner, +we may take the following:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +704.</note> +</p> + +<note place='margin'>To the chief priest of a temple</note> +<quote rend='display'> +As temple of the god Lugalla (the king) and his consort Shullat, +Nûr-ilishu, son of Bêl-nada, has dedicated to his god one +<hi rend='italic'>SAR</hi> of improved +land, for his life (salvation), has devoted it to his god. Pî-sha-Shamash +shall be the priest of the temple. Nûr-ilishu shall lay +no claim to the priesthood. The curse of Shamash and of Sumulâ-ilu +be on him who disputes the settlement. Seven witnesses. +</quote> + +<pb n='224'/><anchor id='Pg224'/> + +<p> +This is total alienation. The donor is not making an indirect +provision for himself, but waives all claims to be the +chief priest of the temple. +</p> + +<p> +<note place='margin'>Of children to Shamash</note> +Here is an example of a dedication of +children:<note place='foot'>B<hi rend='vertical-align: super'>3</hi> 2183.</note> +</p> + +<quote rend='display'> +Tablet of Ishtar-ummi and Aḫatâni, daughters of Innabatum. +Innabatum, daughter of Bur-Sin, has dedicated them to Shamash. +As long as Innabatum lives, Ishtar-ummi and Aḫatâni shall support +her, and after Innabatum, their mother [is dead], no one among her +sons, their brothers, shall have any claim on them for anything +whatever. They have sworn by Shamash, Malkat, Marduk, and +Apil-Sin. Fifteen witnesses (of whom the first two are probably +the brothers, the rest females, probably all votaries of Shamash and +members of the convent.) +</quote> + +<p> +In another case, a mother dedicates her son to +Shamash,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 349.</note> +with the stipulation that the son shall support her as long +as she lives. +</p> + +<p> +<note place='margin'>To secure divine favor</note> +In Assyrian times we have an example<note place='foot'>A. +D. D., 640.</note> of a dedication +of a son to Ninip, by his mother, with consent of her +brothers and their sons. A father also dedicates his son to +Ninip<note place='foot'>A. D. D., 641.</note> +for the well-being of Ashurbânipal, King of Assyria. +This is interesting as showing that the dedicator +acquired merit, which he could transfer to another. Both +tablets are defective. In another case, Aḫi-dalli, the lady +governor of one quarter of Nineveh, purchases a large +estate and presents it to some god <q>for the health of the +king.</q><note place='foot'>A. D. D., 643.</note> +Votive tablets giving the presentation of various +articles to some god are common enough at all periods. +</p> + +<p> +<note place='margin'>Testaments or bequests</note> +Testamentary devolution of property was not the rule in +Assyria or Babylonia, where the law of inheritance was so +firmly fixed that it would be naturally illegal. As a rule, +children did not inherit under their fathers' will, but by +right. However, the Code allows a father to give his married +<pb n='225'/><anchor id='Pg225'/> +or vowed daughter power to leave her property as she +will,<note place='foot'>§ 178.</note> +and it is probable that he had the same power over at +least some of his property. The very frequent cases of +adoption, where the adopted child becomes heir, on condition +of supporting the parent as long as he lives, and the +cases of gift <foreign rend='italic'>retento +usufructu</foreign>, are a sort of testamentary +disposition of property. +</p> + +<p> +This developed with time into something very like testament. +But we always have to bear in mind that conditions +may have been understood which are not actually +expressed. +</p> + +<p> +<note place='margin'>Later Babylonian examples</note> +Some examples from later Babylonian times will serve to +illustrate how near these transactions came to testament. +A very interesting case is where a son, probably childless, +if not unmarried, and perhaps not in good health, gives his +father his property. The document is very involved, but +the chief points are these: A married B and they had a +daughter C, who married D. The son of C and D is the +testator. He leaves to his father D all the property which +he inherited from A and B, which they had left to their +daughter's son. It consisted of a house, fields, and slaves. +He leaves it to his father <q>forever,</q> only he is to retain +the enjoyment of it as long as he lives. He therefore +expects his father to survive him.<note place='foot'>Cyr. 277.</note> +</p> + +<p> +Here is another interesting example:<note place='foot'>A. B. R., ii., 20 f.</note> +</p> + +<quote rend='display'> +The division which A made with his sons B and C. The benefice +of dagger-bearer (official slaughterer) in the Ishḫara temple he assigns +to B. The benefice of the shrine of Papsukal in the temple of +Bêlit-shami-erṣiti, situated on the bank of the canal, and the sown +corn-field on the Dubanîtu canal he gave to his younger son C. All +his property out in business he assigned to his mother and his two +sisters. Certain dates in the possession of two of his debtors he +gave to his two sisters. A fugitive slave, not yet recovered, to his +mother and sisters. The house, which by a former deed he had +<pb n='226'/><anchor id='Pg226'/> +given to his mother and sisters, shall be theirs according to the former +deed. As long as his mother lives, she shall enjoy the property +formerly assigned her. The benefice of the dagger-bearership in the +temple of Ishḫara, which he had formerly assigned to his mother, she +has freely intrusted to his son B. As long as she lives, B and C +shall live in the house with her. The income of his mother his sons +shall enjoy with her. She shall give marriage-portions to his sisters, +her daughters, from her own marriage-portion. +</quote> + +<p> +This is very like a last will and testament. The man +clearly expected to die shortly. He had married and had +two sons, but seems to have lost his wife. He had evidently +brought his mother and sisters to live with him. He +provides for his sons, his mother, and sisters. Evidently +his mother is the guardian of the boys. She is expected to +leave the boys all the property that was his and to dower +the sisters from her own fortune. +</p> + +</div> + +<pb n='227'/><anchor id='Pg227'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<anchor id='Chapter_XXII'/> +<head>XXII. Sales</head> + +<p> +<note place='margin'>Their importance</note> +Alienation of property in perpetuity was a matter for +serious consideration, where all property was as much that +of the family as of the individual. A change of ownership, +particularly in the case of land or house, also directly concerned +the neighbors. Hence the deeds of sale are imposing +documents. Whether the object sold was a piece of +land, a house, or a slave, the same general treatment was +accorded to it. +</p> + +<p> +<note place='margin'>The formal preliminaries</note> +There were the same formalities as in all deeds. First +the purchaser approached the vendor and there was an +interchange of ideas, often through a third party, prolonged +over a considerable space of time. When etiquette had +been satisfied and all the preliminary haggling was over, the +parties agreed upon a scribe, who was made acquainted with +the terms of the sale, already verbally agreed upon, and he +set down in the imperishable clay the legal instrument +which should bind the parties to their contract forever. +</p> + +<p> +<note place='margin'>The registration of titles</note> +Undoubtedly both parties took a copy, and it seems clear +that a third was deposited in the temple archives as a sort +of registration of title. It seems probable that each party +sealed the copy held by the other, but this surmise awaits +confirmation. As a rule, the same seal seems to have been +used for all copies, and the witnesses in early times also affixed +their seals. A more exhaustive study must be made +before this can be regarded as certain. Even where duplicates +<pb n='228'/><anchor id='Pg228'/> +exist in our museums, it has been usual to publish +only one. +</p> + +<p> +<note place='margin'>The method of identifying the property +transferred and the parties concerned</note> +As a rule, the scribe followed a very definite plan. First +he made clear the identity of the property. This was the +specification. In the case of land, neighbors were set down, +boundaries given, in some cases the size of the plot. In +each sale the specification is very important. The personal +identity of the parties was usually sufficiently fixed by +appending to their names those of their fathers. In many +cases, the office or rank held by a party is added. Occasionally +the name of the grandfather, or clan-father is +added. When either party was a stranger, his nationality, +or city, or tribe, is given. As a rule, the same information +is attached to the names of witnesses. These notes of personal +identity are very valuable, for they furnish means for +reconstructing long genealogies, and they throw much light +on the intercourse of varied peoples. Babylonia seems +always to have had a very mixed population. +</p> + +<p> +<note place='margin'>Means of protecting the buyer from fraud</note> +Having made it impossible for any mistake to arise as to +the property sold or the parties concerned, the scribe proceeded +to guard against errors regarding the nature of the +transaction. The house or other property <q>was sold,</q> <q>the +money paid,</q> <q>in full,</q> and so on. Then he sought to +make it clear that there could be no withdrawal from the +bargain, nor after-claims raised. There was danger that the +family might put in a claim to the property. An illustration +of this is a suit brought to reclaim a house sold, +which was the claimant's reversion—an actual redemption +of ancestral property. From such perils the buyer was +protected by heavy penalties on the seller, who in fact engaged +to indemnify him. +</p> + +<p> +<note place='margin'>The legal verbiage</note> +These and many other complicated questions must have +long been the subject of consideration in Babylonian legal +circles. As a consequence, the scribe usually drew up the +<pb n='229'/><anchor id='Pg229'/> +deed, in set terms, with a formula consecrated by long +use, every turn of which was important. +</p> + +<p> +The following is a good example of the way a scribe +drew up a deed of sale:<note place='foot'>M. A. P., p. 37.</note> +</p> + +<note place='margin'>A specimen deed of sale</note> +<quote rend='display'> +Tappum, son of Iarbi-ilu, <q>has bought two <hi rend='italic'>GAN</hi> +of field, in the Isle, next to the field of Ḥasri-kuttim, and the field of Sin-abushu, +son of Ubar-Ishtar, from Salatum, daughter of Apilia, the +<hi rend='italic'>GI-A-GI</hi> (?) +and has paid its full price in silver. The business is completed, the +contract is valid, his heart is content. In future, man with man, +neither shall take exception. By the name of Shamash, Marduk, +Sin-mubaliṭ and the city of Sippara, they swore.</q> +</quote> + +<p> +Then follows a list of about twenty witnesses, the names +of whose fathers are also given. Usually the date is added. +Here, however, it is either omitted or has been lost. +</p> + +<p> +<note place='margin'>The body of the document in Sumerian</note> +In this particular case the words within quotation marks +are written in Sumerian. The variations are slight as a +rule, but enough to show that the scribe understood what +he wrote and could make correct changes when needful. +The use of such a large amount of Sumerian in these deeds, +along with Semitic names and specifications, has often +been compared to the retention of Latin words in the body +of legal documents in European countries, almost to the +present day. It will be noted that this portion constitutes +the formal body of the document, and might well have been +kept ready written, blanks being left to fill in the names +and specifications. It is not, however, easy to find proof +that this was done in early times. +</p> + +<p> +<note place='margin'>Later deeds often in Semitic only</note> +Somewhat later, in the time of the First Dynasty, a number +of these Sumerian words and expressions are replaced +by their Semitic equivalent. Indeed, some deeds are Semitic +only. We can by comparison make a fairly complete +study of Sumerian legal terms. To some extent this was +already done by the scribes who drew up the series of +<pb n='230'/><anchor id='Pg230'/> +phrase-books called <foreign rend='italic'>ana ittišu</foreign>. But many new forms occur +in these deeds. +</p> + +<p> +<note place='margin'>The specifications of the deeds +the items of permanent interest</note> +To translate all the contract-tablets would be useless, for +all the deeds of sale are exactly alike, except the names of +parties, witness, or neighbors, and the specification of the +property. The repetitions were necessary, for each deed +required an exact statement. But it is sufficient, having +once noted the style of document, to call attention to the +peculiarities of the specifications. +</p> + +<p> +<note place='margin'>The earnest money</note> +<note place='margin'>Common in later Babylonian deeds</note> +Very interesting are the references to earnest money, or the +gift presented to close the bargain. As early as the time of +Manistusu<note place='foot'>D. E. P., ii., p. +1-f.</note> we find not only a price paid, but also a present +given to the seller as a good-will offering. These are of a +most varied and valuable nature.<note place='foot'>See p. +<ref target="Pg236">236</ref>.</note> As already pointed out +by Meissner,<note place='foot'>M. A. P., p. 96.</note> +in the purchase of a slave for four and a half +shekels, a little present of fifteen <hi rend='italic'>ŠE</hi>, or one-twelfth of +a shekel, was thus added. Likewise when another slave +and her baby were sold we find that in addition to the price +of eighty-four shekels, one shekel is thrown in as a present.<note place='foot'>B. +320.</note> I do not recall the occurrence of this custom in Assyrian +times, but in the later Babylonian documents it is common. +There it is often referred to as the <foreign rend='italic'>atru</foreign>, +or <q>over-plus.</q> Thus we find that in the sale of a house +in the time of Nebuchadrezzar III.,<note place='foot'>K. B., IV., p. 298 +f.</note> besides the <q>full agreed price,</q> <foreign rend='italic'>šîmu +gamrûtu</foreign>, of half a mina of silver, the buyer gave one shekel +of silver, <foreign rend='italic'>kî atri</foreign>, <q>as an addition,</q> +and <q>a dress for the lady of the house.</q> The whole payment thus made of thirty-one +shekels was called the <foreign rend='italic'>šibirtu</foreign>. So in the time of +Darius (?) we find that, in addition to the full price of three +minas, five shekels of silver, the buyer adds, <foreign rend='italic'>kî atri</foreign>, +six shekels of silver and a dress for the lady of the house, making +three minas, eleven shekels of silver as the +<foreign rend='italic'>šibirtum</foreign>,<note place='foot'>B. V., p. 168.</note> +<pb n='231'/><anchor id='Pg231'/> +or simply to a price of two minas of bright silver he adds +two shekels, <foreign rend='italic'>kî pî atar</foreign>, +making a <foreign rend='italic'>šibirtu</foreign> of two minas, two +shekels of bright silver.<note place='foot'>K. A. S., p. 48.</note> +</p> + +<p> +<note place='margin'>The notary's fee</note> +Equally interesting are the sums charged as fees to the +scribe. This was paid to him expressly for obtaining the +seller's seal or nail-mark as a conclusion of the contract.<note place='foot'>A. +D. D., pp. 35 ff.</note> +Thus at the end of a deed of sale of a single male slave, +executed by three owners by affixing three impressions of +the same seal, and drawn up by one scribe, we read <q>Seven +shekels of silver for their seal.</q> The price was about one +hundred and forty shekels. Thus the scribe received a fee +of five per cent. on the sale price.<note place='foot'>A. +D. D., No. 173.</note> The ratio was not constant. +It might be as low as two per cent. Thus in the +case of a sale of a slave by two owners, who made four nail-marks +in lieu of seals, we read <q>one mina of bronze for +their nail-marks.</q> There was but one scribe, and the price +was fifty minas of bronze.<note place='foot'>A. D. D., No. +176.</note> Hence we cannot think that +this fee was paid for the scribe's seal, as some have done. +The seal, or nail-mark, was not <q>the authenticating subscription +by the notary,</q> but by the seller. +</p> + +<p> +<note place='margin'>Assyrian deeds of greater length</note> +In Assyrian times the deed of sale was a much longer +document. The same general form is observed, but the +document starts with a heading giving the information that +the seller had sealed the document, or, in the absence of a +seal, had impressed his nail-mark. No one but the seller +ever seals or impresses his nail-mark. The seller is usually +described as the <foreign rend='italic'>bêlu</foreign>, +or <q>legitimate</q> owner of the property +made over. Then first after the seal, or in a space left for +it, comes the specification of the property. Next it is stated +that the buyer has made a bargain and taken the property +for so much. But the bulk of the document is devoted to +a contract that the seller, his representatives, heirs, and assigns, +<pb n='232'/><anchor id='Pg232'/> +shall never rescind the sale, or bring any suit to recover +possession, under specified and heavy penalties. The +wording of these passages recalls most strikingly the imprecations +of the kings in their charters upon those who, in +after times, should dare to render their gifts inoperative. +This grand style is one of the many indications that for the +Assyrian period most of the deeds we have were drawn up +on behalf of the king's household. +</p> + +<p> +<note place='margin'>Various interests regarded as having claims +which must be distinctly met</note> +It is usually stated that the purchase is complete, the full +price paid and delivery of possession made. But in some +cases this was a mere conventional statement, and both payment +and delivery were delayed. There was to be no return +of the goods, no turning back from the bargain; the +pleading of a suit of nullity of sale is expressly barred. It +is of interest to notice who were regarded as competent, or +likely to take action to recover the property. Sons, grandsons, +brothers, brothers' sons, are all named. The enumeration +clearly included females of the same nearness of kinship. +Sisters are actually named. All these relatives are +included in the term <q>his people.</q> In some cases the +<foreign rend='italic'>šaknu</foreign>, or governor +of the district, is named, especially where +slaves are sold, or the estate involved the transfer of serfs. +The <foreign rend='italic'>šaknu</foreign> clearly had rights over lands and slaves +within his district. The transfer of property might act injuriously +to his rights. It was usual to stipulate that he had no such +rights. How they had been annulled we do not know. +Perhaps by some previous charter conferring exemption. +The <foreign rend='italic'>ḫazânu</foreign> also appears to have had the right to +intervene. The country seems to have been split up into districts +which were called on to furnish fifty units, each consisting +of an archer and a spearman or shield-bearer. Hence, the +<foreign rend='italic'>rab ḫanšâ</foreign>, or +<q>captain of fifty,</q> was really in command of +a hundred men. Whether this obligation lay on a group +of a hundred families or not, it is clear that the transfer of +<pb n='233'/><anchor id='Pg233'/> +ownership of land might lead to embarrassment of the official. +Hence, the <foreign rend='italic'>rab ḫanšâ</foreign> was likely to intervene also. +There was service on public works also concerned in the +matter. Whatever official was <foreign rend='italic'>bêl ilki</foreign>, or had right to +<q>the levy,</q> might intervene. The chief of a certain district +was called a <foreign rend='italic'>rab kiṣir</foreign>; he was also commander of a +section of the army, and he had the right to intervene. +Other officials as the <foreign rend='italic'>šâpiru</foreign>, +<foreign rend='italic'>ḳurbu</foreign>, are named, but in all +cases the nature of the claim must have been similar. The +object of the buyer was to stipulate that the seller should +hold him exempt from such claims. How this could be +done does not appear. +</p> + +<p> +<note place='margin'>Occasional use of the oath of confirmation</note> +The oath to observe the contract made between the +parties still appears, but is not common. As before, these +oaths are of interest, for the light which they throw upon +local cults. The gods were invoked as being the avengers +of wrong. The decision of the king was also still regarded +as a source of vengeance, since he was bound to see right +done. +</p> + +<p> +<note place='margin'>Penalties for the failure to carry out a contract</note> +The penalties most commonly invoked were payments to +the treasury of a temple. These were in the nature of forfeits. +The sum set down in the deed rarely bears any exact +relation to the value of the property, but is merely a large +amount. Usually, a sum in both silver and gold is stated, +but no relation between the relative worths of the metals +can be deduced. The forfeit might take the form of presenting +two or more white horses to the god. In a few +cases, the penalty consisted in the devotion of a child, usually +the eldest son or daughter, to a god. The verb used +for <q>devoting</q> a child literally means to <q>burn.</q> This +seems to point to an earlier sacrifice of children by fire. But +variants show that it was now used in a more general sense +of dedication. The <q>cedar wood of Ishtar</q> is named as +the spot where a daughter was to be dedicated. Further, +<pb n='234'/><anchor id='Pg234'/> +other objects might be dedicated as a forfeit. A great +bow of bronze to Ninip of Kalḫu is named. +</p> + +<p> +A deterrent penalty was to return the price <q>tenfold</q> to +the seller. Once or twice the penalty is <q>twelvefold.</q> A +further penalty was to pay a talent of lead to the governor +of the city or state. Very curious is the penalty of being +required to eat a mina of some food, possibly a magical compound, +and drink an <foreign rend='italic'>agannu</foreign> pot of some drink. That this +drink was taken from a bowl inscribed with magical formulæ +seems to be the best way of reading the signs. The +penalty was, therefore, an ordeal. Then, if the contention +was right, the plaintiff would be immune; if he was merely +litigious, perhaps he would be sick or even die. +</p> + +<p> +<note place='margin'>Rights of the purchaser</note> +Finally, it is often laid down that, if either party (especially +the seller) shall attempt to bring a suit about the +property, the judge shall not hear him, or if he insists, +he shall lose the action. Throughout it is clear that the +buyer tries to make the seller contract to waive all rights to +recover his property, but he holds to certain rights of his +own. Thus, in the sale of slaves, a clause is frequently inserted +which claims a hundred days within which to set up +a claim to repudiate the purchase, on the ground that +the slave is afflicted with certain diseases, the +<foreign rend='italic'>ṣibtu</foreign> and <foreign rend='italic'>bennu</foreign>, +the character of which is not exactly known. Also +he bargains that a blemish may be at any time an excuse for +annulling the bargain. These really amount to demanding +a guarantee from the seller that the slave was free from disease +or other undisclosed weakness.<note place='foot'>For details +see A. D. D., iii., pp. 288-368.</note> +</p> + +<p> +<note place='margin'>Late tablets include the details of bargaining</note> +The later Babylonian tablets do not illustrate much that +is of great interest. They often record the initial verbal +discussion. Thus we find that when A bought of B, some +phrase like the following is recorded: A said thus to B: +<q>Give me thy property and I will give thee so much silver.</q> +<pb n='235'/><anchor id='Pg235'/> +Then we read that <q>B listened to him and gave A his property +and A gave him so much silver.</q> It is a curious little +touch of verisimilitude. +</p> + +<p> +<note place='margin'>Deferred payments</note> +Sales usually were for the full price, or the agreed price, +paid down at once. This is expressly stated. But in the +later Babylonian times we have some examples of deferred +payment, which may also have been common during earlier +periods. Thus, a man sold a slave for fifty shekels and +received twenty-five shekels as advance price. The rest +was to be paid later.<note place='foot'>Page +<ref target="Pg104">104</ref>.</note> The payment was probably made +soon. Thus we find a lady selling four female slaves to a +certain man and taking a bond of him to pay four shekels, +the balance of the price, on the second of Kislev, a week +later.<note place='foot'>Nbd. 807.</note> The interval might be +two days only;<note place='foot'>Camb. 114.</note> but sometimes +a much longer period of grace was allowed—as much +as two months and seven days—although the purchase was +taken away at once.<note place='foot'>Nbk. 103.</note> +</p> + +<p> +<note place='margin'>Return of purchase on failure to pay</note> +It is occasionally stipulated that if the purchase-money is +not paid by a certain date, the object purchased shall be returned. +Thus S, having sold B some slaves, took a bond of +him that, if B did not pay in a week, he would return them.<note place='foot'>Camb. +165.</note> +</p> + +<p> +<note place='margin'>Retention of purchase without settlement</note> +A long retention of the thing purchased—especially when +it was profitable—without payment, was of course a loss to +the seller. Hence, we find the seller of a slave taking a +bond of the buyer that, if he did not pay on the date fixed, +he should return the slave and his +<foreign rend='italic'>mandattu</foreign>, or the income +which a slave paid to his master.<note place='foot'>Nbk. 103.</note> +</p> + +<p> +<note place='margin'>Fraud</note> +A distinct case of fraud occurs<note place='foot'>L. +19.</note> in the sale of a slave belonging +to A by his brother B without A's knowledge. To +make the matter worse, B had the contract drawn up in +A's name. This was doubtless represented to be a case of +agency, but there is no conclusive evidence. +</p> + +<pb n='236'/><anchor id='Pg236'/> + +<p> +<note place='margin'>The records of sales found at an early date</note> +One of the earliest inscriptions, the stele of Manistusu, +records the purchase of large estates to form a possession +for his son Mesalim, afterwards King of Kish. The whole +inscription is splendidly published in photogravure in the +<hi rend='italic'>Mémoires de la Délégation en Perse</hi>, Tome II., pp. 1-52. It +is divided into a number of sections each recording a separate +purchase. One example will suffice as characteristic of +all:<note place='foot'>Col. 8, l. 5.</note> +</p> + +<quote rend='display'> +A field of seventy-three <hi rend='italic'>GAN</hi>, its price being two hundred and +forty-three and seven-fifteenths <hi rend='italic'>GUR</hi> of corn, at the rate of +one shekel of silver a <hi rend='italic'>GUR</hi> of corn; price in silver, +four minas, three shekels, and +one <q>little mina,</q> the price of the field, and half a mina, six shekels +and a fraction of silver, as a present to close the bargain; one garment +for A, son of B, in presence of C, priest of Zamama (god of +Kish); one garment for D, son of E. Total, two garments present +for the field. Total, two men serfs of the field and food and money +for the sons of C, priest of Zamama. +</quote> + +<p> +<note place='margin'>Their varied information</note> +Here are many noteworthy pieces of information. The +price of corn is fixed with relation to silver. It remained +the same down to late Babylonian times. A present was +given in addition to the price, as in many sales even to the +latest times. The serfs go with the land. Certain food and +money allowances are reserved to the priest C and his descendants. +This was probably a territorial charge. Many +other points of interest are furnished by the other sections. +Thus, among the presents given are numerous vessels of +gold, silver, and copper. The garments are of various +kinds. The men who receive presents do not appear to be +merely the sellers, but also elders of the city or district. This +indicates a tribal or district right of control over the alienation +of land. The boundaries of the estates are often given +and are of great interest for topography. A number of persons +are named as witnesses to the separate sales. In one +<pb n='237'/><anchor id='Pg237'/> +way or another some five hundred persons and about forty +places are named. Over forty titles or names of professions +are given. Among them we note many familiar in +later times, the <foreign rend='italic'>abrakku</foreign>, +<foreign rend='italic'>nagiru</foreign>, <foreign rend='italic'>patêsi</foreign>, +<foreign rend='italic'>Šakkanak</foreign>, as well +as a king. We see already judges, merchants, scribes, irrigators, +boatmen, carpenters, singers, shepherds, seers, branders, +as well as slaves. We read of sheep, asses, goats, oxen. +And all this from one inscription. It is a fine example of +the kind of information this class of documents may afford. +Not least in importance is the fact that many Semitic, as +well as Sumerian, names and words occur. +</p> + +<p> +<note place='margin'>Method of legally describing real estate</note> +In the case of landed property the deeds of sale usually +specify its position. In the case of fields and gardens four +neighbors are often specified. Their plots of land then +completely enclosed the plot concerned. What rights of +access to such a plot existed does not appear, but where the +boundaries were low mounds or ridges, it may be assumed +that the tops of these were common to all for access and carriage. +In towns, more usually three neighbors are named, +the fourth side is often said to be on the street. Sometimes +four neighbors are given for a house, but then an exit, +<foreign rend='italic'>mûṣû</foreign>, is specified, which doubtless means a right of +way through, or past, another house to the street. When more than four +neighbors are named, it is probably the case that on one +side the plot was conterminous, at least partly, with two of +them. Very commonly only two neighbors are given, one +each side. We may then presume that there were streets +or lanes both front and back. If we could press the term +<foreign rend='italic'>bîtu</foreign> to mean <q>house,</q> we might conclude from many +cases that the old Babylonian cities contained streets of houses, +which were one conterminous block of buildings. But they +seem in very many cases to have had some open ground, +and often gardens were attached. +</p> + +<p> +<note place='margin'>Importance of these boundary inscriptions</note> +These boundaries are of great interest both from the +<pb n='238'/><anchor id='Pg238'/> +point of view of population and geography. Were we able +to consult all the documents which were once stored in the +archives of one great temple, we might map out a city and +assign each plot to its owner; and then extend our map +and the names of owners to the fields and plantations +which lay around the city. For outside the city walls +the <foreign rend='italic'>ugaru</foreign> or town-land extended to a considerable +distance from the city walls. We may even soon be able +to determine what was the approximate extent of this +margin about the city, a belt of land often called a +<foreign rend='italic'>ḳablu</foreign> or <q>girdle.</q> +</p> + +<p> +<note place='margin'>Many of the details puzzling</note> +Usually the plots are said to be in a city whose name is +given. Thus we conclude the close proximity of Laḫî, +Ishkun-Ishtar, Malgia, Ḥalḫalla, to Sippara. Indeed, they +were probably conterminous with it. Often the plot is +stated to be in some quarter, or ward of the city. For the +most part the names of these wards, as for example Gagim, +Karim, are difficult to understand. Why or how they obtained +these names we cannot tell. It is noteworthy that +one ward was called Amurru, <q>the Amorite land.</q> Much +has been made of this by Professors Hommel and Sayce, +but we are still far from clear ideas on the point. With +respect to other indications of locality, it must be noted +that they are usually at the end of the first line at the +right-hand top corner of the tablet, and have suffered defacement +more often than any other detail, so that they +are often illegible. +</p> + +<p> +<note place='margin'>Plots often, but not invariably rectangular</note> +From many considerations it appears that most of +these plots were rectangular, but it is curious to note +that many plans of houses and fields exist which show +that this was not always the case. Perhaps it was the +irregularity of the outline which made plans necessary +and they may be an indirect witness to the rarity of such +a feature. +</p> + +<pb n='239'/><anchor id='Pg239'/> + +<p> +<note place='margin'>Plans of houses</note> +As a rule the private houses seem to have been small and +to have had a few small rooms. The palaces, or mansions +of the great, had much more extensive conveniences. One +reads of several specially defined rooms, but their names do +not as a rule tell us much of their use. Wash-houses, shops, +stables, granaries, and vacant plots, as well as gardens and +orchards, are often attached. Apparently one had to leave +the house to enter these. The houses were built of brick +and their roofs were supported by strong beams. In many +plans, while the doorways for internal communication are +carefully marked, there seems to be no access from the +street. Perhaps this is a peculiarity of the architect's ideas +of a plan, the door to the street being understood. At any +rate, doors, bolts, posts, and a lintel are frequently named. +These were often put in by the tenant and, like the beams, +taken away by him. A door might be pledged alone. But +it is possible that some houses had no door proper, being +entered by steps leading to the roof. This may be the explanation +of the oft-mentioned <foreign rend='italic'>mûṣû</foreign> or right of way out, +either between, through, or over, other house property. +When a house had other houses touching it on each of four +sides, something of the kind was necessary. +</p> + +<p> +Probably the house did not usually have an upper story; +but, perhaps, as a remarkable exception, an <q>upper house</q> +is occasionally mentioned. There is reason to think that +some were in the form of a quadrangle, around an inner +court; as there are wells, or fountains, mentioned as being +<q>within the house.</q> In some parts of the city, at any rate, +the block of buildings was continuous. But there were +many streets, and canals also, in the cities. The streets, +<foreign rend='italic'>suḳê</foreign>, were as a rule only narrow lanes or passages. As +shown by the excavations at Nippur, houses stood for a long +time. When first used, the floors were above the street +level, but after the footpaths had been some time in use, +<pb n='240'/><anchor id='Pg240'/> +they rose to the level of, and finally above, the floor, so that +there were steps leading down into the house.<note place='foot'>One such plan is +published by King (L. Ḥ., ii., p. 242) and discussed by him +later (L. Ḥ., iii., p. 255 f.). There are many others in our museums, several of +which have been published (<hi rend='italic'>Receuil de Travaux</hi>, xvii., pp. 33 +ff.; <hi rend='italic'>Saison de fouilles a Sippar</hi>, pp. 125, 126, 128). The +plans of the buildings excavated at Khorsabad form our most perfect specimen of an +Assyrian city and palace. Besides the original sketches and plans in Botta's +<hi rend='italic'>Nineve</hi>, excellent studies of them will be found +in Perrot and Chipiez, <hi rend='italic'>Assyrian and Babylonian Art</hi>. +There are also many plans of the early cities and palaces in De Sarzec's +<hi rend='italic'>Découvertes en Chaldée</hi>; also, <hi rend='italic'>Receuil +de Travaux</hi> and <hi rend='italic'>Revue d'Assyriologie</hi> +<hi rend='italic'>passim</hi>.</note> +</p> + +<p> +It seems evident that great efforts were made to provide +drains for the foundations; and perhaps other sanitary +appliances were found in the better class of houses. But +we must await more extensive exploration, not necessarily +in the more important mounds, before we are able to give +a clear account of an ancient Babylonian house. +</p> + +<p> +<note place='margin'>Description of houses in the contracts of sale</note> +In the sale of a house it was often stated that the house +was in good condition.<note place='foot'>Good examples of deeds of sale +of this class of real property will be found in Dr. +Meissner's A. P., pp. 31-35. The principal terms used in such conveyances are +well discussed and for the most part correctly explained in his commentary (pp. +119-23). In all these cases we have the phrase, +<foreign rend='italic'>bîtu epšu</foreign>. Dr. Meissner also regards +as <q>houses</q> the plots of land called <hi rend='italic'>Ê KI-GAL</hi> +and <hi rend='italic'>Ê KISLAH</hi>; they are, however, mentioned later +with some other plots of land where <hi rend='italic'>Ê</hi> denotes a +<q>plot,</q> not necessarily a <q>house.</q></note> In this respect many particulars +might be recited, or the whole summed up in one concise +phrase. In the early Babylonian documents no good example +is yet published in which all the points are mentioned. +We must refer to an example of Assyrian times,<note place='foot'>Page +<ref target="Pg244">244</ref>.</note> where all +the chief points occur together. Early Babylonian tablets +mention nearly all of these items, but only one or two at a +time. Thus we have a note that the beams and doors are +sound. Wood was scarce, and a tenant usually stipulated +to take away the beams and doors, if he put them in. The +fact that a man might pledge a door<note place='foot'>K. 1297.</note> suggests that the +modern theory of interchangeable parts was anticipated in +Babylonia, so that a door would as a rule fit any house. +<pb n='241'/><anchor id='Pg241'/> +What the beams were for is far from clear. To carry screens +or curtains of skins over a central court seems most likely. +Actual roof-beams were probably included in the <q>roof</q> +itself, which is mentioned separately from the beams. The +threshold, or perhaps, rather, the lintel of the doorway, may +be meant; and, with the door-posts, be included under +beams. The bolt or crossbar of the door is often associated +with these beams. +</p> + +<p> +<note place='margin'>The streets mentioned as boundaries</note> +Streets are more frequently named as boundaries of a +house than in any other connection. The <q>great street,</q> or +<q>wide street,</q> occurs continually. Whether this was the +main street of Sippara, or only one principal thoroughfare, is +not always clear. Streets are often named after a god; thus +the street of Lugal-amgaba, of Ishtar, of Bunene, of Bêlit-nuḫshi +occur. They were named after people; Immerum the +king, or Kât-Ninsaḫ, whose house adjoined the street named +after him. The gate of Sin and his garden are named. +Canals, especially the <foreign rend='italic'>Nâr tupsarrûti</foreign>, +the <foreign rend='italic'>Nâr Bilîa</foreign>, are +named. Roads, as that to Ishkun-Ishtar, are sometimes +given. +</p> + +<p> +<note place='margin'>A deed of the First Babylonian Dynasty</note> +The following is a good example of a deed of sale at the +time of the First Dynasty of Babylon,<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 476.</note> translated literally +and illustrating the usual order of words: +</p> + +<lg> +<l>One and two-thirds <hi rend='italic'>SAR</hi> of land built on,</l> +<l>next to the house of Nabi-ilishu,</l> +<l>and next to the house of Ilushu-ellatzu;</l> +<l>upper end, the house of Ḥaiabni-ilu,</l> +<l>its exit to that of Immarum,</l> +<l><hi rend='italic'>šar irbitim</hi></l> +<l>which is his own also;</l> +<l>from Nabi-ilishu,</l> +<l>Lamazi, the votary of Shamash,</l> +<l>daughter of Kasha-Upi,</l> +<l>by her written order</l> +<pb n='242'/><anchor id='Pg242'/> +<l>has bought,</l> +<l>its full price</l> +<l>in cash has paid.</l> +<l>In future, party with party,</l> +<l>they shall not dispute.</l> +<l>By the name of Shamash, of Marduk,</l> +<l>and of Apil-Sin they have sworn.</l> +</lg> + +<p> +Then follow the names of five witnesses, but there is no +date given. +</p> + +<p> +<note place='margin'>Its interesting historical information</note> +The house was in Sippara, since it is known that Nabi-ilishu +resided there.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +476.</note> The <q>exit,</q> that is to say, the front +door, opened on the road to the house of Immarum. The +scribe means to say that Ḥaiabni-ilu, who was a neighbor, +owned the house of Immarum. It appears that Immarum +was <foreign rend='italic'>šar irbitim</foreign>, +<q>king of the four quarters,</q> a title +often borne by Babylonian kings. There is a great probability +then that Immarum was no other than the Immerum, +once King of Sippara, in the reign of Sumu-lâ-ilu. +It is not necessary to suppose him still alive. This deed +was executed in the reign of Apil-Sin, whose father, Ṣâbum, +had reigned fourteen years after the death of Sumu-lâ-ilu. +Further, one of the witnesses, Sin-ublam, is said to be a son +of Immerum. +</p> + +<p> +Thus we may conclude that Immarum, or Immerum—the +difference in spelling is slight for these times—King of +Sippar, bore the title of <q>king of the four quarters,</q> and as +such was still remembered in Sippara. The exact meaning +of the term has been disputed, but Sippara was a fourfold +city: Sippar the great, Sippar Amnânu of the goddess +Anunitum, Sippar Edinna, and Sippar Iḫrurum are named +in the tablets of this dynasty. Perhaps the four quarters of +Sippara are meant. +</p> + +<p> +Lamazi, the buyer, daughter of Kasha-Upi, votary of +<pb n='243'/><anchor id='Pg243'/> +Shamash, bought another house in the nineteenth year of +Sinmubaliṭ,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +332.</note> borrowed a quantity of lead in the first year +of Ḥammurabi,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +1058.</note> and bought a female slave in a year of +Ḥammurabi's reign, the date of which is not yet +fixed.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 331.</note> +The name Lamazi is common and was borne by several +votaries of Shamash whom we know to be daughters of +other men than Kasha-Upi. But she may well be the same +as the lady who figures without such marks of identity in +several other documents. For example, she is named as being +a neighbor of Ilushu-ellatzu.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2192.</note> +</p> + +<p> +<note place='margin'>Mention of the business agent</note> +The phrase <foreign rend='italic'>ina šapiriša</foreign>, <q>by her order,</q> occurs +often. It implies that Lamazi acted through an agent, when she +borrowed the lead, she acted through a <foreign rend='italic'>mâr šipri</foreign>, +a messenger and agent. She bought her other house in the same +way. This does not imply any disability on the part of +women to enter into business, for they were as free and +competent to act as men. Nor does it arise from her being +a votary of Shamash, for these ladies are concerned in by far +the larger part of the transactions recorded at Sippara. It +is merely the fact that on these occasions, as was frequently +done, Lamazi employed a business agent, who is not named. +Her father, Kasha-Upi, is referred to again as buying a +house from the sons of Nabi-ilushu,<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2190.</note> where we learn that the +latter was a son of Shamash-ina-mâtim and brother of Kasha-Upi. +Lamazi was therefore a niece of Nabi-ilushu. +</p> + +<p> +<note place='margin'>Mention of the price of a house</note> +It will be noted that the price paid for the house is not +given. This is often the case. But more commonly the +price is named. As Dr. Meissner has already pointed out, +prices varied greatly. Houses in a small provincial town +like Tell Sifr naturally did not bring the same price as +those in Sippara. But variation was probably even more +due to situation and size. The lowest price per <hi rend='italic'>SAR</hi> was +<pb n='244'/><anchor id='Pg244'/> +four shekels, the highest thirty shekels. This gives a wide +margin. +</p> + +<p> +<note place='margin'>An Assyrian deed for sale of a house</note> +While there are many examples of the sale of houses in +Assyrian times, they do not as a rule exhibit any important +peculiarities. The best example comes from Erech<note place='foot'>K. +B., iv. p. 170 f.</note> +and may be taken as a representative specimen: +</p> + +<quote rend='display'> +The house of Ina-êshi-eṭir, son of Nabû-eṭir, a well-built house, furnished +with door-frames, a roofed house, the door and crossbar of +which are firm, in the quarter of Bît Kuzub-shamê-erṣiti, which is in +Erech; upper side next Sulâ, Nabû-nâṣir and Bêl-aḫê-erba, sons of +Eṭeru; lower side next Ereshu, son of Shama; upper end next +Ṣillâ, son of Nabû-aḫiddin; lower end next Ereshu, son of Nabû-bêlâni; +on each side the house of Ina-êshi-eṭir, son of Nabû-eṭir, +more or less, so much as there is, for one mina fifteen shekels of +silver, as price, he has intrusted to Ereshu. It is given, received, +paid for, freed. An exception to the sale cannot be taken, there is +no going back, neither shall implead the other. Hereafter, in future, +in days to come, neither brothers, sons, family, relations on either +side of the house of Ina-êshi-eṭir shall arise and lay claim or cause +claim to be laid on this house, shall alter or complain saying [the +usual pleas are understood here but omitted]. If so, he shall pay +twelvefold. At the sealing of this tablet were present [then follow +the names of five witnesses]. Dated in the twentieth year of Ashurbânipal. +Ina-êshi-eṭir has impressed his nail-mark in lieu of a seal. +</quote> + +<p> +<note place='margin'>Various parts of the house</note> +This example contains a full description of a house. The +specification is rarely so full. But doors are always named, +as many as six, in one case. Most of the Assyrian deeds of +sale mention various adjuncts of the house. Thus the +<foreign rend='italic'>tar-baṣu</foreign> +or <q>court</q> is named. This was perhaps an attached +walled enclosure. +</p> + +<p> +It is the name given in the Code to the fold where sheep +and oxen are kept.<note place='foot'>§ 266.</note> Vines might grow in +it,<note place='foot'>H. W. B.</note> and butter +was kept there. A <foreign rend='italic'>bît kutalli</foreign>, or out-house, is named. +Often <foreign rend='italic'>bît rimki</foreign>, +or <q>wash-house,</q> is also mentioned. This +<pb n='245'/><anchor id='Pg245'/> +was a chamber within the house, and may be rather meant +for lustration, than for ordinary washing. One house had +three of these rooms.<note place='foot'>A. D. D., +320.</note> Sometimes there was a <foreign rend='italic'>bûru</foreign>, a +<q>well,</q> or cistern, within the house.<note place='foot'>A. D. D., +Nos. 325-40.</note> A <q>shop,</q> or <foreign rend='italic'>bît +ḳâtâti</foreign>, was often attached.<note place='foot'>A. D. +D., Nos. 341, 342.</note> Stables, <foreign rend='italic'>bît abusate</foreign>, +are named.<note place='foot'>A. D. D., Nos. 326-34.</note> +What is meant by <foreign rend='italic'>bît irši</foreign> +is difficult to determine, perhaps some chamber fitted with beds +and couches.<note place='foot'>A. D. D., Nos. 326-32.</note> The +<foreign rend='italic'>bît akulli</foreign> had a well in it, but +what it was is not clear.<note place='foot'>A. D. D., Nos. 340-49.</note> The +<foreign rend='italic'>bîtu elîtu</foreign><note place='foot'>A. D. D., +Nos. 329-40.</note> may be an <q>upper story.</q> If so, most houses +were one-storied only. +</p> + +<p> +<note place='margin'>The burial-vault</note> +Another interior apartment is called a <foreign rend='italic'>kimaḫḫu</foreign>. This +has usually been taken to be a <q>tomb.</q> We know that the +old Babylonian kings were buried in the palace of Sargon. +But this was when the palace was no longer the abode of the +living. Ashurbânipal's charter to his faithful general and +tutor-in-arms, Nabû-shar-uṣur,<note place='foot'>A. D. D., +No. 646.</note> seems to contemplate that +general's being buried in the palace, though this is not certain. +However, the explorations of Nippur demonstrate the existence +of vaults for burial, built over with brickwork. It +may be that such vaults did exist within the house, and +were sold with it. +</p> + +<p> +A <q>portico,</q> <foreign rend='italic'>bît mutirrêti</foreign>, is named +once.<note place='foot'>A. D. D., No. 340.</note> Beside the +<q>great house,</q> <foreign rend='italic'>bîtu dannu</foreign>, +or <foreign rend='italic'>bitannu</foreign>, a <q>second house,</q> +<foreign rend='italic'>bît šanû</foreign>, is mentioned. The exit +from the house, <foreign rend='italic'>mûṣû</foreign>, a +way to the street, was often named, being very important +where the house was bounded on four sides by others. +</p> + +<p> +<note place='margin'>Block houses in Nineveh</note> +Most of the houses, of which we have deeds of sale, were +situated in Nineveh itself. Occasionally, the house is shut +in by more than three others, most often only by three. +Then the fourth side is said or implied to be on the street. +<pb n='246'/><anchor id='Pg246'/> +Hence, we may be sure that in parts of Nineveh, there were +continuous blocks of houses, on each side of a street. +Sometimes, however, we have a garden, or orchard, as one +boundary. +</p> + +<p> +<note place='margin'>Size not mentioned</note> +Contrary to the practice in Babylonia, the size of the +house is rarely given. We have the size of the +<foreign rend='italic'>bîtu akulli</foreign> +given, in one case,<note place='foot'>A. D. D., No. +349.</note> as forty-three cubits long and twenty +cubits broad. What seem to be the dimensions of an ordinary +house were twenty-two by fourteen cubits.<note place='foot'>A. +D. D., No. 345.</note> +</p> + +<p> +<note place='margin'>The usual cost</note> +Houses in Assyria sold for from half a mina up to twelve +minas; but as long as we are so ignorant of the form, nature, +and dimensions of the house and its adjuncts, the information +is of very little interest. +</p> + +<p> +<note place='margin'>Side buildings</note> +A number of other buildings or parcels of land were sold +with houses or separately. Thus, we read of a <foreign rend='italic'>papaḫu</foreign>, or +chamber, which was beneath an adjoining beer-shop.<note place='foot'>M. A. P., +25.</note> The beer-shop is often mentioned, and was a state-regulated institution. +</p> + +<p> +<note place='margin'>Unimproved land</note> +A term which was long somewhat of a puzzle, the <foreign rend='italic'>ki-gallu</foreign>, +usually written <hi rend='italic'>Ê-KI-GÀL</hi>, or +<hi rend='italic'>Ê-KI-DAN</hi>, is shown +definitely by the Code<note place='foot'>§ 44.</note> to be a plot of uncultivated land. +This might be rented for cultivation and was not necessarily +poor land, for it was expected to yield ten <hi rend='italic'>GUR</hi> per +<hi rend='italic'>GAN</hi>. But it might also lie in a city bounded on four sides by +houses,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +377.</note> or, as often, by three houses and the street. It was +then, of course, a building site. Its price was usually about +two shekels per <hi rend='italic'>SAR</hi>, but might be as high as eight shekels +per <hi rend='italic'>SAR</hi>.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +446.</note> +</p> + +<p> +<note place='margin'>Granaries</note> +Another common object of sale was a building called +<hi rend='italic'>Ê KISLAḤ</hi>, shown by the Code<note place='foot'>§ +113.</note> to be really a <q>granary,</q> +or barn, read <foreign rend='italic'>maškanu</foreign>. These are usually in the city, and +the prices paid for them varied from one-third of a shekel<note place='foot'>S. 67.</note> +<pb n='247'/><anchor id='Pg247'/> +to fifteen shekels<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +2192.</note> per <hi rend='italic'>SAR</hi>. They might be surrounded +by houses on all four sides, or by a canal, road, and +street.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2518.</note> +</p> + +<p> +<note place='margin'>The term <foreign rend='italic'>bîtu</foreign> means +not only <q>house,</q> but <q>field</q></note> +These examples serve to show that <foreign rend='italic'>bîtu</foreign> as often denoted +a <q>plot</q> of land as a <q>house.</q><note place='foot'>A plot of +land or house called <foreign rend='italic'>Ê burbalum</foreign> is sold +(B<hi rend='vertical-align: super'>1</hi> 280, +B<hi rend='vertical-align: super'>2</hi> 838, +B<hi rend='vertical-align: super'>2</hi> 2462), but +there is no information given as to its special nature; so also a +<foreign rend='italic'>bît kidim</foreign> +(B<hi rend='vertical-align: super'>2</hi> 2444a), but there is no means +of deciding what it was. A term applied to land +which may be read <foreign rend='italic'>ḳirubû</foreign> +is perhaps to be taken as <q>arable land</q> (<hi rend='italic'>M. A. P., +p. 122</hi>). But the occurrences are not sufficient to fix the meaning clearly. It was +bounded by a house and the street.</note> In Assyrian times we find +the same usage. A fairly common object of sale is what I +take to be a <q>fuller's field,</q> or a <q>bleaching ground,</q> +<foreign rend='italic'>bîtu ḳaḳḳiri pûṣê</foreign>. +It was usually in the city, of small size, given +in cubits each way, or a trifle over a homer in area. It was +near a stream. It sold for a very high price. Once we +find half of it used as a garden. It seemed to have been +fenced in. Unfortunately, no one example is perfectly preserved; +and the deeds are of no special interest beyond the +peculiar nature of the plot.<note place='foot'>A. D. D., Nos. 350-58.</note> +</p> + +<p> +<note place='margin'>Sales of gardens</note> +The gardens in the time of the First Dynasty of Babylon +are generally said to be planted with dates, and sold for +<q>full</q> price. Once two shekels are given for a garden of +fifteen <hi rend='italic'>SAR</hi>. +</p> + +<p> +<note place='margin'>These sales less frequent in Assyrian times</note> +There are not many examples of these sales in Assyrian +times, but they give some welcome information. There is +nothing peculiar about the sale formula. The only interest +is in the specifications. The garden is usually said to be +planted with the <foreign rend='italic'>iṣu tillit</foreign>, +almost certainly <q>the vine.</q> +Hence, we may regard them as <q>vineyards.</q> The number +of plants in them is often given, being as high as two thousand +four hundred.<note place='foot'>A. D. D., No. 362.</note> +Of other plants grown in a Babylonian +garden we can recognize with more or less certainty +in The Garden Tablet,<note place='foot'>Z. A., vi., pp. +291 ff.</note> garlic, onion, leek, kinds of lettuce, +<pb n='248'/><anchor id='Pg248'/> +dill, cardamom, saffron, coriander, hyssop, mangold, turnip, +radish, cabbage, lucerne, assafœtida, colocynth. +</p> + +<p> +Other gardens are said to be <foreign rend='italic'>kirû urḳîtu</foreign>, <q>vegetable +gardens.</q> In later times the date-plantations are continually +in evidence. Beyond the specification, <q>planted with +dates,</q> and certain obscure references to the condition of +the crop at the time of sale, there is nothing to be noted. +</p> + +<p> +<note place='margin'>Sales of fields: in First Dynasty of Babylon</note> +The sales of fields are very numerous. They were usually +situated outside the city walls, in the <foreign rend='italic'>ugaru</foreign>, +or townland. They were not, however, reckoned outside the +<q>town.</q> For the town extended beyond its walls, like a +parish in England; and was bounded, as a rule, by adjoining +towns. In the case of Sippara, many of these <foreign rend='italic'>ugarê</foreign> are +named; but as a rule, the names do not explain themselves. +Thus, Azarim, Ḥiganim, and Shikat Malkat may be named +after persons or temples. Other names, like Shutpalu, Nagû, +Iblê, Tapirtum, may well be significant. Certainly, Ebirtim +appears to mean <q>across</q> the Euphrates. Once the field +is said to be in Sippara,<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +43.</note> once in Ḥalḫalla,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +330.</note> but we cannot +press these statements to mean <q>within the walls</q> of those +cities. Usually, the boundaries of a field are four other +fields, with now and then a road, or canal. The price per +<hi rend='italic'>SAR</hi> varied from one-thirtieth of a +shekel<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +194.</note> to more than a +mina. Very frequently, indeed, the price is simply said to +be <q>full.</q> +</p> + +<p> +<note place='margin'>In Assyrian times</note> +The fields in Assyrian times are often mentioned. Nearly +always when a field, <foreign rend='italic'>eḳlu</foreign>, +is sold, it is somewhere else referred to as +<foreign rend='italic'>bîtu</foreign>, or plot, usually of so many homers in size. +There is nothing distinctive about the sale formula. The +specifications give most interesting and valuable data as to +the topography of the land around Nineveh.<note place='foot'>A. +D. D., Nos. 359-413.</note> The accessories +of a field may be named. Sometimes it was corn-land, +<foreign rend='italic'>šê zêr</foreign>, part was +<foreign rend='italic'>tabrû</foreign>, <q>open land,</q> part +<foreign rend='italic'>adru</foreign>, enclosed by +<pb n='249'/><anchor id='Pg249'/> +a wall or fence. Pits or wells, canals or ditches, courts or +folds, occur frequently as adjuncts of a field. +</p> + +<p> +<note place='margin'>Great estates</note> +Larger estates are built up of the simple elements which +we have noted. Sometimes the estate was so large as to +be styled a <q>city,</q> <foreign rend='italic'>alu šê</foreign>. +These <q>cities</q> are generally +called after the name of some one, probably a former owner. +But the number of people sold in them does not justify +the use of any larger designation than <q>hamlet.</q> A large +estate, with a few people on it, obviously its bailiffs and the +serfs of its landlord, constituted the <foreign rend='italic'>alu</foreign>. +Hence, this term, like <foreign rend='italic'>bîtu</foreign>, +must have a wider signification than that usually +given it. Such hamlets were, doubtless, the germs of future +cities, but the term evidently denotes simply a settled +abode of a group of people. +</p> + +<p> +<note place='margin'>Plans of estates</note> +From very early times the Babylonians drew plans of +estates, which are in many ways very instructive. The +seated statue of Gudea, found by De Sarzec at Telloh, has +a plan of his city upon a tablet on his lap, accompanied by +a scale of dimensions or a standard of length.<note place='foot'>This +plan is published in <hi rend='italic'>Découvertes en Chaldée</hi>, plate 15 ff.</note> +</p> + +<p> +Professor Oppert, Dr. Eisenlohr, M. Thureau-Dangin, and +others have discussed at length the plan of a field,<note place='foot'>Published +best in <hi rend='italic'>Rev. Ass.</hi>, iv., p. 13 f.</note> which +has the sides of several plots given in linear measure and +the areas in square measure. From this was obtained a +great variety of results regarding the relations between the +measures.<note place='foot'><p>Much earlier plans will +be found, pp. 21 ff. They are ascribed to the age of +Sargon I. and Naram-Sin. A plan, or rather map, of Babylon was also published +by Dr. Peiser. [<hi rend='italic'>Z. A.</hi>, iv., 361 ff.] This is +rather geographical than cadastral, and, perhaps, mythical, since +it refers to the king Shamash-napishtim-uṣur, who may be +the Shamash-napishtim of the flood story. +</p> +<p> +A number of other plans are given, or referred to, by Father Scheil in +<hi rend='italic'>Rec. des Trav.</hi>, xvii., 1 and 2, pp. 33 ff. A good +many more appear in <hi rend='italic'>Une Saison de fouilles a Sippar</hi>. +There are many others in the great museums and in private hands. For +conclusions regarding linear and square measures, cf. Appendix III.</p></note> +</p> + +</div> + +<pb n='250'/><anchor id='Pg250'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XXIII. Loans And Deposits</head> + +<p> +<note place='margin'>Records of loans of an early period</note> +In the first epoch there are many examples of loans. +The characteristic word <hi rend='italic'>ŠU-BA-TI</hi>, +or <hi rend='italic'>ŠU-BA-AN-TI</hi>, which +means <q>he has borrowed,</q> has been used as a title and they +are often called <hi rend='italic'>ŠUBATI</hi> tablets. They are the receipts +given for the loans by the borrowers. Here is an example: +</p> + +<quote rend='display'> +<q>Sixty <hi rend='italic'>GUR</hi> of corn, royal quality, from L have been received +by B.</q> Date. Seal of borrower. +</quote> + +<p> +In place of corn we may have money, dates, wool, or +almost anything. Sometimes a date for repayment is given. +In the examples there are usually no references to the interest +to be paid for the loan. They may be regarded as +advances made to temple tenants, or serfs, to be repaid at +harvest from crops. +</p> + +<p> +<note place='margin'>Their value for chronology</note> +The greatest value of these tablets lies in their dates. +The dates are usually events. Many of these have already +been collected and registered, especially by Dr. H. Radau.<note place='foot'>E. +B. H., pp. 254 ff., etc.</note> +But there is even more to be done, when further examples +are published. Many tablets contain two dates referring +to loans contracted at different times. By this means the +sequence can gradually be determined. The seals are also +of great interest and often of value, as may be seen from +Dr. Radau's work. +</p> + +<p> +<note place='margin'>Second Epoch. Repayments in kind or its stated equivalent</note> +Advances of all sorts were freely made both with and +<pb n='251'/><anchor id='Pg251'/> +without interest. For convenience we may separate money +from corn loans and advances of all kinds of commodities; +but we must not forget that corn, at any rate, was legal +tender; and silver loans might be repaid in corn. This, +however, was early recognized as an inconvenience and it is +quite common to find a direct stipulation that what was +lent shall be repaid in kind. It soon became usual to state +that if the loan was repaid otherwise, it must be according +to a fixed ratio between silver and corn. +</p> + +<p> +<note place='margin'>Promissory notes</note> +A very large number of loans take the form of <hi rend='italic'>Abstract +schuldscheine</hi>, loans without statement of any cause for the +debt. They are merely promises to pay, that is, acknowledgments +of indebtedness. Thus we read: <q>Five shekels +of silver which A has given to B. On such a date B shall +pay five shekels of silver to A.</q> A penalty may be added +for not paying on the fixed date. Usually this takes the +form of interest. The rate is one shekel <hi rend='italic'>per mina</hi> each +month, or twelve shekels <hi rend='italic'>per mina yearly</hi>, that is, twenty +per cent. There is no clear case of money lent as an investment +to bear interest. That was done in quite another way. +The lender entered into relationship with an agent, to whom +he furnished capital and who traded with the money and +repaid it with interest. +</p> + +<p> +<note place='margin'>Temporary loans at harvest-time</note> +Most of the loans were evidently contracted to meet +temporary embarrassment. Usually it was in connection +with the need of cash to pay the expenses at harvest-time. +The loan was then repaid at harvest. It might be repaid +in corn.<note place='foot'>B<hi rend='vertical-align: super'>3</hi> +2524.</note> The time was usually short—fifteen days is +named.<note place='foot'>M. A. P., 15.</note> +The lender had his reward in obtaining his money's +worth in corn, when its price was cheapest. But he was +evidently not expected to charge interest. A similar kind +of loan is half a mina of silver to pay the price of a piece of +land. Here the money was lent until the land was bought, +<pb n='252'/><anchor id='Pg252'/> +and was to be repaid with interest of three <hi rend='italic'>GUR</hi> of +corn.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2519.</note> +So half a mina for certain land to be paid, when the land +was cultivated.<note place='foot'>M. A. P., 19.</note> +</p> + +<p> +<note place='margin'>Loans for the payment of taxes</note> +Another reason for borrowing was the need of money to +pay taxes, <foreign rend='italic'>ana ilkim +suddanim</foreign>.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +218.</note> In one of these cases the +stipulation is added that the borrower shall bring the receipt +of the tax-collector and then may take back his bonds.<note place='foot'><foreign +rend='italic'>Kanik mušaddinim utbalunimma kanikšu illikû</foreign>, +B<hi rend='vertical-align: super'>2</hi> 754.</note> +Here the <q>sealed tablet</q> is in one case the receipt for the +tax, in the other the receipt which the borrower gave for +his loan. But there is no mention of his repayment. Perhaps +the lender owed the tax, half a mina, and as it was a +considerable sum, sent it by a third party, but made him +give a receipt for it. But such a receipt would differ in no +respect from the sort of bond mentioned above, and would +render the messenger liable to repay the money; so he was +to have his receipt back, on handing over the tax-collector's +receipt showing that he had paid the tax. +</p> + +<p> +<note place='margin'>The temple as places of temporary loans</note> +In several cases the god is represented as lending the +money. It is obvious that such advances were made from +the temple treasury.<note place='foot'>M. A. P., 8, +9.</note> It is usual from such instances to +expatiate on the temple, or the priests, as the great moneylenders. +This is a view easily misunderstood. It is quite +true that the temples were great landowners, and had steady +incomes, and possessed treasuries; but there is no evidence +that they lent on usury. It seems rather that these loans +without interest (except as a fine for undue retention +of the loan) were a kindly accommodation. We know that +under certain circumstances a man might appeal to the +temple treasury to ransom him from the enemy. He might +also borrow in case of necessity without interest. Moneylending +proper existed, but was kept in narrow bounds by +the temple itself. +</p> + +<pb n='253'/><anchor id='Pg253'/> + +<p> +<note place='margin'>Current coin</note> +In view of the many questions that arise as to the nature +of the money at this period, it should be noted that the silver +is often said to be <foreign rend='italic'>kanku;</foreign> literally <q>sealed.</q> +Whether this means that the silver bars, or ingots, were sealed while +the metal was soft enough to receive a mark which would +authenticate its weight and purity, or whether it means that +the money was enclosed in sealed sacks, is hard to say. +Against the latter may be urged that such a small sum as +one and two-thirds shekels would not be sealed +up.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 218.</note> But it +may be that <foreign rend='italic'>kanku</foreign> means <q>sealed for,</q> that is, +acknowledged by the receipt. +</p> + +<p> +<note place='margin'>Loans of corn</note> +Even more common than money loans are the corn loans. +Here the loans were generally for a short time just before +harvest, when the repayment was expected. The period is +usually short, five days,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +771.</note> or a month.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +642.</note> Interest is sometimes +demanded, at the rate of <hi rend='italic'>one hundred ḲA per GUR</hi>, or one-third, +that is, <emph>thirty-three and a third per cent</emph>. This was +probably the rate <hi rend='italic'>per mensem, four hundred per cent. per +annum</hi>. But in one case the interest is <hi rend='italic'>one hundred ḲA per +GUR per annum</hi>,<note place='foot'>B<hi rend='vertical-align: super'>1</hi> +655.</note> once it is expressly said to be nothing,<note place='foot'>M. +A. P., 24.</note> usually it is not referred to at all. Sometimes a loan was +partly in money, partly in corn.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 1182, S. 76.</note> +</p> + +<p> +<note place='margin'>Other loans of produce</note> +Other things were lent, as sesame, skins, bricks, and the +like, but these loans exhibit no peculiarity. They are merely +letting the borrower have goods on credit, to be paid for, or +returned, after a time. +</p> + +<p> +We may take, as an example of this kind of transaction, +a rather more complicated case:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +869.</note> +</p> + +<note place='margin'>Record of a loan</note> +<quote rend='display'> +Two and seven-thirtieths of a <hi rend='italic'>GUR</hi> of corn, Shamash standard +measure, which Ilu-kasha, son of Sharru-Shamash, gave to Belshunu, +Ilushu-abushu, and Ikash-Ninsaḫ. Ilu-kasha brought the corn and +returned one <hi rend='italic'>GUR</hi> and one-tenth and took for himself two hundred +<pb n='254'/><anchor id='Pg254'/> +and twenty <hi rend='italic'>ḲA</hi>. Later he paid one-tenth of a +<hi rend='italic'>GUR</hi> to Ilushu-bânî, +Ikash-Ninsaḫ, and Shumma-Shamash, and they remitted in all three +<hi rend='italic'>GUR</hi>, the former and later debt. +</quote> + +<p> +In the second case only one of the former debtors is left. +The loan was partly repaid, a fresh loan contracted, and +then partly repaid. It is not clear whether the arrears were +remitted or extracted by distraint. Nor is it clear whether +Ilukasha was debtor or creditor. As a rule such points are +clear. It is only the conciseness of the formula which here +causes the obscurity. +</p> + +<p> +<note place='margin'>Loans or allowances in series</note> +Another fairly common type of document contains a +number of sections, each containing the record of one sum. +But it is not clear that these were loans. They may be allowances +for food or salary. Thus in B<hi rend='vertical-align: super'>1</hi> 247 we have so +much corn for the women weavers, so much more for the +votaries, so much for other officials, from the first of one +month to the thirtieth, so much for the Sutî who was watching +the field, so much for a boatman, and so on. These are +perhaps a temple steward's accounts. Their interest lies +only in the incidental notices. We also note that here a +month had thirty days. It is interesting to find that the +celebrated Sutî nomads who later gave so much trouble, +were already in the country and were employed to watch +the fields. Was this watching done on the principle of <q>setting +a thief to catch a thief</q>? Perhaps it was necessary to +employ a Sutî as custodian, of course at a salary, if one was +to preserve the crop from the depredations of his fellow-tribesmen. +</p> + +<p> +Some of these tablets expressly state the amount of corn +loaned, giving the date for repayment.<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 687.</note> Hence we see what +a narrow margin divides the proper bond from the mere receipt, +or even the memorandum of the loan. +</p> + +<pb n='255'/><anchor id='Pg255'/> + +<p> +<note place='margin'>Formal advances of working materials</note> +A number of tablets deal with advances of wool or woollen +yarn made by temple officials to weavers and dyers to +work up. As a rule they contain a number of words connected +doubtless with the weaver's craft which are not yet +made out. The following is a fairly simple +example:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 684.</note> +</p> + +<quote rend='display'> +One talent of wool belonging to the palace, price ten shekels of +silver, property of Utul-Ishtar the <foreign rend='italic'>abi ṣâbê</foreign>, +which Ishme-Sin, son of +Sin-bêl-aplim, Marduk-mushallim, son of Sin-idinnam, Ilushu-ibni and +Bêlshunu, sons of Sin-eribam have borrowed. The day that the tax-collector +of the palace demands it they shall pay the money of the +palace. +</quote> + +<p> +Elsewhere the time of loan may be stated, two months for +example.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +701.</note> The price is always reckoned at six minas of +wool for a shekel. It seems that the borrowers were not +obliged to repay until a certain date, or until a demand was +made for certain taxes. They then must pay in silver. +</p> + +<p> +<note place='margin'>Assyrian loans <foreign rend='italic'>ana pûḫi</foreign></note> +In the Assyrian examples of money-loans the same general +features constantly recur. The most common are loans +<foreign rend='italic'>ana pûḫi</foreign>, which may be taken to mean <q>for +consideration,</q> as the word <foreign rend='italic'>pûḫu</foreign> means an +<q>exchange.</q> But there is never +any statement of what the consideration was. Some have +thought, that as the bond was invariably given to the creditor +to be broken up on the repayment of the loan, the +exchange referred to was a restoration of the bond in return +for the money. But the consideration, which is a legal +presumption, may have lain in the fact that the borrowers +were tenants on the metayer system and had a right to borrow +of their landlord, free of interest, at seed-time and harvest. +On such loans interest is only demanded when the +debtor fails to repay at the fixed date. +</p> + +<p> +<note place='margin'>Usual rate of interest</note> +The rate of interest charged as a penalty for non-payment +or late payment was <hi rend='italic'>twenty-five per cent. per mensem, three +hundred per cent. per annum</hi>. This interest was intended +<pb n='256'/><anchor id='Pg256'/> +to secure prompt payment, but was not unfair in view of +the increase of value obtained by investing it in corn and +then sowing that. Other rates were one-third and one-eighth, +but there is no fixed rate of interest for the loan of +money, except when it was <foreign rend='italic'>ana pûḫi.</foreign> +</p> + +<p> +<note place='margin'>For the use of corn</note> +The interest on corn was <hi rend='italic'>thirty ḲA per homer</hi>. Some +think the homer had sixty <hi rend='italic'>ḲA</hi>, which would make the interest +fifty per cent. But no case has yet been found which +gives the number of <hi rend='italic'>ḲA</hi> in a homer. +</p> + +<p> +<note place='margin'>The coinage</note> +The money lent is often said to belong to a god. Ashur, +Ishtar of Arbela, or Ishtar of Nineveh, are the most common. +Sometimes it is said to be in <q>Ishtar heads,</q> which +has been taken to mean ingots stamped with a head of Ishtar. +The frequent reference to the mina of Carchemish +alongside the king's mina is eloquent as to the commercial +eminence of the old Hittite capital. +</p> + +<p> +An example is the following:<note place='foot'>A. D. D., No. 1.</note> +</p> + +<quote rend='display'> +Sixteen shekels of silver, from A to B, <foreign rend='italic'>ana pûḫi</foreign>, +he has taken. On the first day of Tammuz he shall pay the money. If not, it shall +increase by a quarter. Dated the eleventh of Nisan, in the Eponymy +of Bêl-ludâri. Three witnesses. +</quote> + +<p> +<note place='margin'>Loans on property often mere advances of material</note> +Loans or advances were also made of various kinds of +property. Thus we have an advance of ten minas of silver, +Carchemish standard, seventy-five sheep, one cow, made by +Ashurbânipal's chief steward to four men, <foreign rend='italic'>ana pûḫi</foreign>. The +sheep and cow they are to return in Adar. If they do not +return the sheep, they must breed them. The interest on +the money is to be one-third. Dated the twenty-fifth of +Tebet, <hi rend='smallcaps'>b.c.</hi> 664. Thirteen witnesses. Such a loan seems to +be on the metayer system.<note place='foot'>A. D. D., No. 115.</note> +</p> + +<p> +<note place='margin'>Property on approval</note> +Here again we have an exceptional case:<note place='foot'>A. D. D., No. 117.</note> +</p> + +<p> +L lends two dromedaries, <q>which they called double-humped,</q> +<pb n='257'/><anchor id='Pg257'/> +to three men, who shall return them on the +first of the month, or pay six minas of silver. If they +do not pay the money, interest shall accrue at the rate +of five shekels per mina. Dated the fourteenth of Tishri, +<hi rend='smallcaps'>b.c.</hi> 674. +</p> + +<p> +These animals were rare and evidently highly valued. +What could the three borrowers want with a pair of such +animals? Were they for exhibition in a menagerie? Perhaps +they were for breeding. We may have here a case of +goods taken on approval, for a fortnight or so, perhaps for +sale to another party. +</p> + +<p> +The same lender lent to the same three men, two hundred +sheep, one hundred and fifty goats, two hundred and +thirty yearling lambs, in all five hundred and eighty small +cattle. They were to return the animals by a fixed date, or +pay. Dated the seventh of Iyyar, <hi rend='smallcaps'>b.c.</hi> 673. The same +lender had lent seventy-two sheep to two other men, in Sivan, +<hi rend='smallcaps'>b.c.</hi> 680. They had to return the sheep in Ab, or pay +for them at the market-rate in Nineveh. Bêl-êresh acted as +agent for the borrowers.<note place='foot'>A. D. D., Nos. 118, 119.</note> +</p> + +<p> +<note place='margin'>A loan of wine</note> +Other goods, such as wine, or oil, were advanced. Here +we probably have to do with the transactions of the royal +chief steward and the king's agents. For example:<note place='foot'>A. +D. D., No. 124.</note> +</p> + +<quote rend='display'> +L intrusts five homers of wine, according to the royal measure, to +D. On the first of Nisan he shall return the wine, otherwise he shall +pay for the wine according to the market-rate in Nineveh. Dated +fifth of Adar, <hi rend='smallcaps'>b.c.</hi> 674. Five witnesses. +</quote> + +<p> +Again:<note place='foot'>A. D. D., No. 127.</note> +</p> + +<note place='margin'>Of oil</note> +<quote rend='display'> +L advances six homers of pure oil, price ten <hi rend='italic'>ḲA</hi> of bronze per +homer, to D, the major-domo at Carchemish. He shall repay the oil +in Sebat; if not, it shall be doubled. Dated twenty-first of Ab, +<hi rend='smallcaps'>b.c.</hi> +681. Six witnesses. +</quote> + +<pb n='258'/><anchor id='Pg258'/> + +<p> +We may deduce the interesting fact that Esarhaddon +was at Carchemish in Ab, <hi rend='smallcaps'>b.c.</hi> 681. The advance was made +for the use of the royal household there. +</p> + +<p> +<note place='margin'>Of corn</note> +Advances of corn were made exactly as in the earlier +times. Thus:<note place='foot'>A. D. D., No. 128.</note> +</p> + +<quote rend='display'> +L advances thirty homers of corn to D, the messenger from the +city of Maganiṣi, by the hands of E, a colonel in the army. He +shall pay the corn in Marchesvan, in the city of Maganiṣi, or pay the +full value of it in Nineveh. Dated the seventeenth of Sebat, +<hi rend='smallcaps'>b.c.</hi> +665. Eight witnesses. +</quote> + +<p> +<note place='margin'>The peculiar shape of the tablets recording +loans of corn</note> +One peculiarity of the corn loans is that they are chiefly +recorded upon what have been called heart-shaped tablets. +These were lumps of clay through which a string passed +and came out at the upper shoulders. The string was +probably tied around the neck of a sack containing the +corn. They thus served both as labels, seals, and as bonds. +Many of them have Aramaic dockets, which have been collected +and edited by Dr. J. H. Stevenson, in his <hi rend='italic'>Assyrian +and Babylonian Contracts, with Aramaic reference-notes</hi>. +</p> + +<p> +<note place='margin'>These loans made by the king</note> +Thus the above example bears the words in Aramaic, +<q><hi rend='italic'>barley, assignment, which is from Nabû-dûri.</hi></q> These Aramaic +legends, in the case of such labels, may have served as addresses. +But the general purpose is obscure. All the corn +advances seem to have been made by officials of the royal +household to inferior officers, in charge of farms or otherwise +dependent for supplies. +</p> + +<p> +<note place='margin'>Often made just before harvest</note> +<note place='margin'>Sometimes at seed-time</note> +They show by their dates that the corn was usually advanced +just before harvest, when corn was dearest. Some +of them name the reapers; others give the number of them. +We conclude that these advances were made as food for the +harvesters, or as wages for their labor. Occasionally, however, +the loan was made at seed-time. Most of the loans are +<foreign rend='italic'>ana pûḫi</foreign>,<note place='foot'>P. +<ref target="Pg256">256</ref>.</note> which supports the view that the meaning of this +<pb n='259'/><anchor id='Pg259'/> +phrase is really <q>for management expenses</q> and presupposes +the metayer system. +</p> + +<p> +<note place='margin'>Receipts for payment of a loan of money</note> +Closely connected with money or other loans are receipts +for payment. These are somewhat rare. The more usual +practice was to break the tablet, or promise to pay, which +was returned to the debtor. But we have two good examples, +thus:<note place='foot'>A. D. D., No. 155.</note> +</p> + +<quote rend='display'> +The four minas of silver, interest, belonging to C, which were due +from D, D has paid and given to C. One with the other, neither +shall litigate. Dated seventh of Sivan, <hi rend='smallcaps'>b.c.</hi> 683. Three +witnesses. +</quote> + +<p> +Here we are not aware of the circumstances which lead +to the loan. But, in one case, we have records both of the +loan and its repayment, thus:<note place='foot'>A. D. D., No. 134.</note> +</p> + +<note place='margin'>Of a loan of corn</note> +<quote rend='display'> +Baḫiânu advanced two homers of corn, for food, to Nabû-nûr-nammir; +and one homer each to Latubashâni-ilu and Ṣabutânu, <foreign rend='italic'>ana +pûḫi</foreign>. Dated the twenty-ninth of Elul, <hi rend='smallcaps'>b.c.</hi> 686. +</quote> + +<p> +And we find also:<note place='foot'>A. D. D., No. 135.</note> +</p> + +<quote rend='display'> +Ṣabutânu and Latubashâni-ilu repay each one homer. Nabû-nûr-nammir +does not repay. Dated Iyyar, <hi rend='smallcaps'>b.c.</hi> 685. +</quote> + +<p> +Whether or not the defaulter paid later is not known; +but we probably owe our knowledge of the repayment to +the fact that all three did not pay together. We note that +each paid exactly what he borrowed. No interest was +charged. +</p> + +<p> +<note place='margin'>Of a fine</note> +In one case we have a receipt for a fine, or damages, imposed +by a law-court. Thus:<note place='foot'>A. D. D., No. 162.</note> +</p> + +<quote rend='display'> +Forty minas of bronze, without rebate, which the +<foreign rend='italic'>sukallu</foreign> imposed +as a fine. Paid to the <foreign rend='italic'>šakintu</foreign>. +Dated the tenth of Adar, <hi rend='smallcaps'>b.c.</hi> +693. Four witnesses. +</quote> + +<p> +There is no statement who owed, or paid, the fine. But the +lady governor who received the money gave this receipt for it. +</p> + +<pb n='260'/><anchor id='Pg260'/> + +<p> +<note place='margin'>Explicitness of the Code regarding legal responsibility</note> +The Code makes very clear the legal aspect of this transaction. +A minor or a slave could only deposit under power +of attorney.<note place='foot'>§ 7.</note> A deposit was not recoverable unless made +by a deed, or delivered in presence of witnesses and duly +acknowledged by a receipt.<note place='foot'>§ 123.</note> The receiver was liable for +all loss occurring to the goods in his possession on deposit, +even when the loss was such as involved the loss of his own +goods as well.<note place='foot'>§ 125.</note> For corn, the Code fixed a yearly fee for +warehousing of one-sixtieth the amount deposited.<note place='foot'>§ 121.</note> +</p> + +<p> +<note place='margin'>The bond destroyed on payment</note> +As we learn from the few actual cases which occur, the +receipt given for the goods was returned to the recipient on +the return of the goods and the tablet broken as cancelling +the responsibility. One form which it might take is illustrated +by the following:<note place='foot'>M. A. P., p. 27.</note> +</p> + +<quote rend='display'> +Ten shekels of silver, which according to a sealed receipt was deposited +for the share of Ṣili-Shamash, he has taken from Ṣili-Ishtar and +Amêl-ili, his brothers. His heart is contented; he will not dispute. +Oath by Ḥammurabi, the king. Seven witnesses. Fourth year of +Ḥammurabi. +</quote> + +<p> +Here apparently three brothers share, but one being absent +the two hold their brother's share for him, giving a +sealed receipt for it. This the judge delivered to him and +he claimed and received his share. +</p> + +<p> +<note place='margin'>Examples of deposit rare</note> +Actual examples of deposit are rare; probably because +our collections refer to temple transactions, rather than to +private family deeds. We have a deposit of +lead,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 1058.</note> from +which we learn that silver was worth twice as much as lead. +It was to be sent from Ashnunna, on demand. Here is another:<note place='foot'>M. +A. P., p. 28.</note> +</p> + +<note place='margin'>Receipts</note> +<quote rend='display'> +<q>Concerning the silver which Zikrum and Ṣabitum gave to Ṣili-Ishtar +on deposit. They have received it; their hearts are content. +They gave up their bond and it was broken.</q> +</quote> + +<pb n='261'/><anchor id='Pg261'/> + +<p> +Instead of a receipt by the recipient there is often found +a list concluding with the word <foreign rend='italic'>apkida</foreign>, +<q>I have intrusted.</q> +Then comes the date and the names of witnesses. It is not +clear, however, that these things were meant to be returned. +They may only be memoranda of allowances given out. +They chiefly occur in Scheil's <hi rend='italic'>Saison de fouilles à +Sippar</hi>.<note place='foot'>S. 62, 69, 73, etc.</note> +</p> + +<p> +<note place='margin'>No examples in later literature</note> +In Assyrian documents no examples of this kind of transaction +are found. Nor are any very clear examples producible +from later Babylonian times. But it must not be +overlooked that some cases, where a receipt is given for a +sum or quantity of goods, without mention of interest to +be paid, may very well be acknowledgments of a deposit; +they have usually been taken to be loans. +</p> + +</div> + +<pb n='262'/><anchor id='Pg262'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XXIV. Pledges And Guarantees</head> + +<p> +<note place='margin'>Pledges given as security in early times</note> +Very little is known about pledges in early times, +though Meissner had argued for their existence from certain +passages of the series <foreign rend='italic'>ana ittišu</foreign>, +such as <q>on account of the interest of his money he shall cause house, field, garden, +man-servant, or maid-servant, to stand on deposit</q>; followed +later by, <q>if he bring back the money he can re-enter his +house; if he bring back the money, he can plant his garden +again; if he bring back the money, he can stand in his field; +if he bring back the money, he can take away his maid; if +he bring back the money, one shall return his slave.</q><note place='foot'>M. +A. P., p. 9, and notes 1 and 2.</note> +Consequently the creditor held the pledge in his possession +until the loan was returned, when he had to give it back. +The pledges here mentioned are antichretic, that is, such +that they produce an income or return to the holder, which +is a set-off against the interest of his money. +</p> + +<p> +<note place='margin'>Similarity of this custom to distraint</note> +The Code recognizes the taking of property in satisfaction +of a debt.<note place='foot'>§§ 114, 115.</note> But this is rather a process of distraint +upon the goods of the debtor, in case of non-payment, than +a case of pledge. Since it was usually expected that the +property so taken would be returned on payment of the +debt, we can hardly distinguish it from pledge. Indeed, +where a debtor gave up his wife, child, or slave to work off +a debt, we have a case of antichretic pledge for the debt +and interest. +</p> + +<pb n='263'/><anchor id='Pg263'/> + +<p> +<note place='margin'>The practice in later periods</note> +In times subsequent to the First Babylonian Dynasty, +the pledge is common. As a rule, it is antichretic, such that +income or profit derived from the pledge is a fair equivalent +for the interest of the loan. The lender acquires the right +of enjoying the pledge. As a rule this is assigned him absolutely, +so that no account is needed to be kept of interest +on one side and profit on the other. If the profit exceeds +the interest due, the excess may be returned, or it may be +credited towards the discharge of the debt. If the interest +exceeds the profit on the pledge, then the amount by which +the loan exceeds the capitalized profit must pay interest. +</p> + +<p> +<note place='margin'>Very frequent in Assyria</note> +In Assyrian times loans on security are fairly common. +Here also we have antichretic loans, where the profit on +the pledge was a set-off against the interest of the money. +The pledge is expressly stated to be <q>in lieu of interest.</q> +But it seems that the property was often expected also to +extinguish the debt. Or it was merely pledged, as a +security, which the creditor would keep in case he could +not get his money back. We may illustrate these by examples:<note place='foot'>A. +D. D., No. 58.</note> +</p> + +<note place='margin'>A loan secured by land and seven slaves</note> +<quote rend='display'> +The lady Addati, the <foreign rend='italic'>šakintu</foreign>, +lends two minas of silver, Carchemish +standard, exact sum, to D, the deputy of the chief of the city. +In lieu of the two minas of silver, a plot of twelve homers of land +in the outskirts of Nineveh, Kurdi-Adadi, his wife and three sons, +Kandilânu and his wife, in all seven people, and twelve homers of +land, are pledged. On the day that one returns the money, the +other shall release the land and people. Dated the first of Marchesvan, +<hi rend='smallcaps'>b.c.</hi> 694. Ten witnesses. +</quote> + +<p> +The point about the phrase, <q>exact sum,</q> seems to be that +the advance was made without any rebate. Here the +security is worth little more than the loan. Its profits +would, however, be a good security for the interest of the +loan. No time is given for repayment, but the creditor +<pb n='264'/><anchor id='Pg264'/> +undertakes to accept repayment and release the pledge at +any time. +</p> + +<p> +Again:<note place='foot'>A. D. D., No. 66.</note> +</p> + +<note place='margin'>A loan secured by a vineyard and slaves</note> +<quote rend='display'> +The lady Indibî lends sixteen minas of silver, royal standard, to +D. In the month of Tishri, he shall pay the money in full; if not, +interest shall be two shekels per mina monthly. A vineyard in the +village of Bêl-aḫê, next to that of Ḥabašu, next to that of Si'banik, +next to that of the chief scribe; also these slaves, Dâri-Bêl, +his wife, three sons, and two daughters, along with his household, +four fat cows (?); Ḥudi-sharrûtu and his daughter; all are pledged +as security. If they die or run away, the loss shall be D's. The +day that D shall refund the money, with the interest, his slaves and +vineyard shall be released. Dated the ninth of Ab, <hi rend='smallcaps'>b.c.</hi> 688. +Six witnesses. +</quote> + +<p> +Or again:<note place='foot'>A. D. D., Nos. 73, 74.</note> +</p> + +<note place='margin'>A loan secured by a field</note> +<quote rend='display'> +Five homers of land belong to D, in the city Kâr-Au. The lender +L gives D two-thirds of a mina of silver. This two-thirds of a mina +of silver L shall acquire from the field and when D thus has given L +his money back, he shall release the field. Dated the sixteenth of +Iyyar, <hi rend='smallcaps'>b.c.</hi> 680. +</quote> + +<p> +In the following case a maid is assigned outright for a +loan. It is doubtful whether this is a sale, or a pledge:<note place='foot'>A. +D. D., No. 76.</note> +</p> + +<note place='margin'>By the service of a maid</note> +<quote rend='display'> +In lieu of money, Bêlit-ittîa, the maid of the <foreign rend='italic'>šakintu</foreign>, +is assigned to the lady Sinki-Ishtar. As long as she lives, she shall serve her. +Dated the fourteenth of Iyyar, <hi rend='smallcaps'>b.c.</hi> 652. +</quote> + +<p> +<note place='margin'>By the borrower's service</note> +A very similar case occurs in the loan of corn and a cow +by the <foreign rend='italic'>bêl paḫâti</foreign> of the Crown Prince, to a certain +Nargî of the city of Bamatu. Nargî was to serve the lender for the +corn and cow. When his service had become equivalent to +the value of the advance, he could go free.<note place='foot'>A. D. D., No. 152.</note> +</p> + +<p> +Antichretic pledge was very common in later Babylonian +times. The most typical examples are houses. The lender +<pb n='265'/><anchor id='Pg265'/> +<note place='margin'>In later Babylonian times by the free use of a house</note> +has a house in pledge. To him it is rent-free until the loan +is repaid. Hence the common phrase <q>rent is nought, +interest is nought.</q> There was then no reckoning made +one against the other.<note place='foot'>Nbd. 655.</note> The creditor might not, however, +care to take the pledge in perpetuity against interest of a +loan, never repaid. Usually a date was fixed for repayment, +at which time the debtor was bound to take back +his pledge. Thus a house might be pledged definitely +for three years.<note place='foot'>Ev. Mer. 24.</note> +</p> + +<p> +<note place='margin'>Relations between profits and interest</note> +A reckoning might also be made, to check off profit +against interest. Thus D pledges a field to L, but on condition +that, if in any year the crop is less than will meet +the interest due, he shall pay the difference; but if, on the +other hand, it be worth more, he shall take the balance.<note place='foot'>B. +V., p. 282 f.</note> +</p> + +<p> +<note place='margin'>Second mortgages barred</note> +The value of the pledge might, however, be such that it +would outweigh both loan and interest. At any rate, it +should be as valuable as the loan. Hence it could not be +used as a further pledge to another. There is often a guarantee +that the pledge given has not been already pledged, +that no other creditor has a lien upon it. +</p> + +<p> +<note place='margin'>The creditor's responsibility</note> +In these cases the creditor enters into possession of the +pledge and enjoyment of it. He has some responsibilities +towards it. He cannot destroy it, or waste it. As a rule, +he assumed full liability for all cases for wear and tear. +He also fed and clothed a slave pledged to him. Now and +then we find the debtor responsible for clothing the slave +pledged by him.<note place='foot'>Nbk. 408.</note> It is not essential, however, to the +idea of pledge that it should come into the possession of the +creditor, only it is hypothecated to him. This practice was +very common in later Babylonian times.<note place='foot'>Dar. 294.</note> +</p> + +<p> +<note place='margin'>Pledges often anticipated and readily transferable</note> +Such pledges give an eventual possession. Something +like a reversion occurs in the pledge of a share not yet divided.<note place='foot'>Dar. +144, 235.</note> +<pb n='266'/><anchor id='Pg266'/> +Thus a sum was borrowed on the understanding +that if not returned by the proper time, a slave shall be +handed over as an antichretic pledge.<note place='foot'>Nbn. 655.</note> The man who gives +a pledge may not be in actual possession of it, but pledges +it on the understanding that he will hand it over as soon as +it becomes his. Thus B bought a slave and her two young +children for sixty-five shekels, but before they were handed +over, he pledged them for fifty-five shekels. Nine months +later he sold them for sixty shekels.<note place='foot'>Nbn. 765, 772, 832.</note> +</p> + +<p> +<note place='margin'>Mortgages</note> +A common case is where the debtor pledges all he has to +the creditor, a pledge usually greatly in excess of the value +of the loan and its interest for a reasonable term, but remains +in possession himself. Hence the creditor has only a +right over the pledge, a lien upon it, but no usufruct. For +this he had the bond. This also gives only an eventual +possession. +</p> + +<p> +<note place='margin'>The creditor in free use, within his needs, of +pledged property</note> +We often meet with after-pledge. The creditor, being +in possession of the pledge, might traffic in its profits. If +he held a house as pledge, he was not bound to live in it, +but could sublet it. Hence he might pledge the rent of it. +Or he could repay himself his loan by repledging the house +to another. He could also pledge the loan which was due +to him. This makes a rather complicated case. +</p> + +<p> +<note place='margin'>Possible complications</note> +Thus L makes an advance <hi rend='italic'>a</hi> to D and receives a pledge +<hi rend='italic'>p</hi>. He may then pledge both <hi rend='italic'>a</hi> +and <hi rend='italic'>p</hi>. If these are given to two separate persons, +<hi rend='italic'>a</hi> to A and <hi rend='italic'>p</hi> to P, then P has a +cause for uneasiness. If D comes in and pays up <hi rend='italic'>a</hi>, he has +a right to the pledge <hi rend='italic'>p</hi> which is in P's possession. But the +money he advanced is not thereby paid to him. Further, +A has a right to the money <hi rend='italic'>a</hi> just paid in by D, which is +all that is in evidence. Hence L will have succeeded in +getting two sums, and unless he can succeed in realizing his +investments of them, is called on to pay both A and P with +<pb n='267'/><anchor id='Pg267'/> +one amount. Either A or P may suffer. But if L pledges +both <hi rend='italic'>a</hi> and <hi rend='italic'>p</hi> +to one man C, then C is quite independent of +the relations of L to D. Now D simply has to pay C and +gets his pledge back. C is sure of his money. +</p> + +<p> +<note place='margin'>Method of securing the holder of a second mortgage</note> +Such a transfer of the responsibility of D from L to C was +effected by handing over to C, with the pledge, also D's +bond to L. C now holds this bond, which, with his pledge, +D wishes to get back. The following is a complicated case +illustrating these points:<note place='foot'>Nbk. 132, 142, +172.</note> D had a house and pledged it to +L, who lived in it. Two others were guarantees that D would +repay the loan. The pledge was antichretic, <q>rent nothing, +interest nothing.</q> Now L wanted money; so he pledged the +house to C. But he did not wish to vacate. So he hired it +of C, at such a rate that he would repay C's loan in about +five years. It is clear that this house was not good security +for C, since D might turn out L at any time by repaying +him. L would then owe money to C for which C had no +security at all. But L in addition pledged all his own +property, his slave, and all his goods in town and country. +Further, he not only pledged the house, but handed over +D's bond to him. C thus held the house in after-pledge, +and the advance with its security in pledge. He was +therefore amply secured, since D must pay him. +</p> + +<p> +Now L died and was succeeded by his son M. L had +already paid nearly a third of his debt. M thus owed less +interest on the loan still due and was accepted by C as +tenant at a lower rent. By this means M really made a +small profit to himself. In three years M had paid off the +whole sum borrowed by his father, and due from him as heir +and executor, so he gave back his father's bond to C, also D's +bond to L. Now D paid back his loan to M. His bond to +L was destroyed. The claim of C on D was annulled, the +guarantees of D were free. A final deed of settlement was +<pb n='268'/><anchor id='Pg268'/> +drawn up, in which C acknowledged that he had no claims +on D or M, nor on D's sureties. He had to say this, because +he was not only creditor to M, but as long as he held transferred +to him the pledge of D, and the credit of L, he was a +creditor with claims on D also. Further, M declares that +he has no credit on D.<note place='foot'>Such is +an actual case traced through its phases by Kohler and Peiser.—A. B. R.</note> +</p> + +<p> +<note place='margin'>The occasion for guarantees</note> +A guarantee arises from certain persons undertaking to +fulfil a responsibility which is legally incumbent on another, +in case he fails to do so himself; or to secure that he shall +fulfil it himself. Thus, guarantees are very frequent at all +times, especially in the later Babylonian period, and are of +many different kinds. +</p> + +<p> +<note place='margin'>Guarantees for debt</note> +A guarantee for debt was an additional security to the +creditor. Of course, the original debtor is the security that +the guarantor shall not lose. A good example showing all +sides is the following bond for three minas due from D to +L. G and W come in and guarantee that D will pay; if +not, they will. To protect themselves, they take as a pledge +of D some of his people. But D paid and received back +his people, so that the bond was returned to D.<note place='foot'>Dar. 319.</note> Why D +did not give his people as pledge to L direct is not clear. +G and W were probably persons of greater credit and perhaps +related to D. The guarantor was sometimes called on +to pay. Thus G guarantees for D, is called on to pay and D +repays him.<note place='foot'>Dar. 310.</note> The guarantor was legally protected +against the defaulting debtor.<note place='foot'>A. B. R., ii., p. 73.</note> +</p> + +<p> +<note place='margin'>For appearance</note> +A guarantee for appearance may have been only to come +and pay, as when G guarantees the creditor, a temple, that +D will come on a fixed date, and pay his debt; or if not, G +will himself pay.<note place='foot'>A. B. R., p. 6.</note> +It may be a guarantee that a man will +not go away; by which may be meant escape payment, or +fail to appear for judgment. This is called a guarantee +<pb n='269'/><anchor id='Pg269'/> +<q>for the foot of</q> the person thus indorsed. The <q>foot</q> is +said to be in the <q>hand</q> of him who demands the guarantee. +It often refers to debt. G guarantees for the foot of +D, out of the hand of L. If he goes away, G will pay +thirty-five <hi rend='italic'>GUR</hi> of dates. Here G is the mother of +D.<note place='foot'>Cyr. 147.</note> +So, probably on account of debt, G guarantees for the foot +of D, his son-in-law, from the hand of L;<note place='foot'>Nbk. +342.</note> again, G guarantees +for D to L that D will come on a certain day. G takes +the responsibility for all D owes to L, and will pay if D +does not come.<note place='foot'>Nbk. 86.</note> Or, G guarantees for D and E that they +will not leave for another place. If they do, he will pay +six minas.<note place='foot'>Nbk. 83.</note> +</p> + +<p> +<note place='margin'>For a witness's appearance</note> +But the appearance may be needed for a different purpose. +G guarantees to bring a witness to Opis, and give +witness against L that one who was guarantee for the foot +of someone to L shall return at the right time. If the +guarantee shall prove that L was paid, he is free; if not, he +is bound to pay.<note place='foot'>Nbk. 366.</note> +</p> + +<p> +D owed L a debt. L ceded this debt to M, but had to +guarantee that D will come and pay.<note place='foot'>Cyr. 119.</note> +</p> + +<p> +<note place='margin'>Joint responsibility</note> +Solidarity is in some cases a form of guarantee. Thus +two men D and E owe a debt to L. Each is taken as +guarantee for the other that they will pay.<note place='foot'>Nbd. +133.</note> This is one of +the commonest forms of guarantee. The debt could then +be recovered in its entirety from either. +</p> + +<p> +<note place='margin'>Against theft</note> +An example of a guarantee against theft is also found.<note place='foot'>Dar. 93.</note> +</p> + +<p> +<note place='margin'>Of full value of property sold</note> +A warrant against defects in a slave is very common. +The seller warrants that if the slave prove to have certain +undisclosed defects, vices, or liabilities, which would detract +from his value to the buyer, the seller will indemnify +the buyer. This indemnification seems to be effected by a +return of the purchase-money and accepting the slave back. +<pb n='270'/><anchor id='Pg270'/> +But, in some cases, the seller returned part of the purchase-money +according to a fixed scale of allowances. In the sale +of an estate, the seller guarantees that he will indemnify +the buyer in case of any defect of title to sell, or any lien +upon the estate. +</p> + +<p> +<note place='margin'>Against suits at law</note> +Very common at all times was a personal guarantee not +to dispute the compact entered into. In fact, this may +always be said to be assumed. The oaths by which parties +swore to observe the terms of the compact are a form of +this guarantee. The penalties, so prominent in Assyrian +times, are voluntary undertakings to forfeit stated sums, if +found attempting to go behind the contract. +</p> + +<p> +<note place='margin'>Of the value of securities</note> +As the pledge did not always leave the debtor's possession, +the creditor only had a lien upon it. Hence the giver of +the pledge had to guarantee that no creditor had a previous +lien upon it. This is also extremely common. A slave +pledged for debt might run away. His labor as the offset +against the interest was thus annulled. The borrower then +becomes liable for the interest lost to the creditor.<note place='foot'>Dar. +431, 434, Nerig. 39.</note> +</p> + +</div> + +<pb n='271'/><anchor id='Pg271'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XXV. Wages Of Hired Laborers</head> + +<p> +<note place='margin'>Free labor in demand</note> +Despite the existence of slaves, who were for the most +part domestic servants, there was considerable demand for +free labor in ancient Babylonia. This is clear from the +large number of contracts relating to hire which have come +down to us. The variability of the terms agreed upon is +witness for the existence of competition. As a rule, the +man was hired for the harvest and was free directly after. +But there are many examples in which the term of service +was different—one month, half a year, or a whole year. +</p> + +<p> +<note place='margin'>Slaves or dependents secured from owners</note> +One might hire labor from the master of a slave, or from +the parents of a young man, not yet independent, and then +the wages were small, a shekel or two. These wages were +paid to the master or parents, not to the laborer himself. +</p> + +<p> +Reapers for the harvest had half a shekel,<note place='foot'>B<hi rend='vertical-align: +super'>1</hi> 327.</note> or two shekels,<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 2425.</note> +each. The first may be the daily wages, the latter the +price for a specific job. It is probable that the <hi rend='italic'>GUR</hi> of corn +for ten days also represents the wages for the whole period.<note place='foot'>M. +A. P., 57.</note> +</p> + +<p> +<note place='margin'>Wages subject to adjustment</note> +Average wages have been estimated by Meissner<note place='foot'>A. P., 10.</note> to be +six shekels per year, according to the Code, and some actual +examples of contracts. But it was evidently a matter of +agreement, for we have rates as low as four shekels and as +high as eight. Usually the employer paid down a sum, for +example, a shekel, as earnest-money; the rest was paid by +<pb n='272'/><anchor id='Pg272'/> +a monthly or daily rate, or in a lump sum at the end of the +term of service. Occasionally the wages might be paid +down at the start, but this was rare and the amount less. +</p> + +<p> +<note place='margin'>Often paid in produce</note> +Very frequently, of course, the wages were paid in corn +instead of money. Many difficulties lie in the way of finding +an equivalent of the shekel in corn. Harvest labor was +probably far dearer than any other, because of its importance, +the skill and exertion demanded, and the fact that so +many were seeking for it at once. Further, after harvest, +when the wages were paid, corn was at its lowest price. +Meissner's actual examples show that two hundred and fifty +<hi rend='italic'>ḲA</hi> might be accepted as yearly wages. We have such a +variety of rates that it is difficult to draw any clear conclusion, +but two young slaves at harvest could earn three hundred +<hi rend='italic'>ḲA</hi>, and for a whole year the wages might be over six +hundred <hi rend='italic'>ḲA</hi>, or even as much as three <hi rend='italic'>GUR</hi>, +or nine hundred <hi rend='italic'>ḲA</hi>.<note place='foot'>S. 61.</note> The Code +names ten <hi rend='italic'>ḲA</hi> as daily wages. The +average value of a <hi rend='italic'>GUR</hi> of corn was a shekel, hence this +gives a yearly rate of twelve shekels. In this case we may +suppose that the laborer supported himself. +</p> + +<p> +<note place='margin'>The labor duly guaranteed</note> +The laborer had to be bound to perform his task. A +penalty was attached to his failure to appear at the proper +time, and guarantees were sometimes taken for his appearance. +In other cases it is stipulated that the penalty for +non-appearance shall be fixed by the king's +decision.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2455.</note> +</p> + +<p> +<note place='margin'>Duration of service fixed</note> +It was usual to name expressly the time of his commencing +and leaving off his work. These clauses are incidentally +of importance as fixing the names and sequence of the +months at this period. Thus, from the example below we +see that the month Tirinu preceded Elul. +</p> + +<p> +<note place='margin'>Living usually included</note> +Of course, the employer took all responsibility for the +slave whom he hired. He fed and clothed him during his +term of service. If he suffered any injury, the employer +<pb n='273'/><anchor id='Pg273'/> +had to compensate the master. Occasionally the slave +clothed himself,<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +938.</note> and then his wages were higher. +</p> + +<p> +As an example we may take the following:<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 1137.</note> +</p> + +<quote rend='display'> +Nâmir-nûrshu from Rutum, Rîsh-Shamash, son of Marduk-nâṣir, +for wages, for one year, has hired. His wages for one year, twenty-four +<hi rend='italic'>ḲA</hi> of oil, he shall pay, and he shall clothe him. In Elul he +shall enter, in Tirinu he shall leave. Two witnesses. Dated in the +reign of Ḥammurabi. +</quote> + +<p> +<note place='margin'>Assyrian contracts name both wages and time-limit of work</note> +In the Assyrian times we have certain examples of advances +of corn, or money, at harvest-time for the payment +of reapers, which have already been noticed under +loans.<note place='foot'>Page <ref target="Pg251">251</ref>.</note> +An advance of money and food to workmen may +perhaps be put here. But it is also a contract to do work. +It reads thus: +</p> + +<quote rend='display'> +Shamash-bâni-aplu, Latubashâni, Ukîn-abîa, Aḫu ... in all +four workmen. Two talents of bronze, three homers one <hi rend='italic'>ŠE</hi> of cooked +corn. On the tenth of the month they shall do the work. All the +repairs and the beams they shall make fast. They shall fix the balks, +and set up the roof. If the bricks are not sufficient ... the +month they do not give, they shall work and finish. Then follow +seven witnesses. Dated on the sixth of some month, <hi rend='smallcaps'>b.c.</hi> 734. +</quote> + +<p> +Unfortunately, parts of the tablet are injured and so the +sense is not at all clear; but the workmen seem to have had +four days in which to do the work. The price offered was +considerable. +</p> + +<p> +In later Babylonian times we do not obtain much further +information. Here is a good example:<note place='foot'>Nbn. 210.</note> +</p> + +<quote rend='display'> +From the twentieth of Nisan to the tenth of Ab, Zamama-iddin, +son of Shamash-uballiṭ, son of the smith, shall be at the disposal of +Nabû-usallim, son of Limnîa, and he shall pay him as his wages ten +shekels of silver. He shall pay half the wages in Nisan and the rest +in Tammuz. Whoever breaks the contract shall pay five shekels of +silver. +</quote> + +<pb n='274'/><anchor id='Pg274'/> + +<p> +The hire is nearly thirty shekels a year, as in the next +example:<note place='foot'>Dar. 215.</note> +</p> + +<quote rend='display'> +Bultâ, son of Ḥabaṣiru, son of the oxherd, has put himself in the +hands of Marduk-nâṣir-apli, son of Itti-Marduk-balâṭu, son of Egibi, +for wages of half a mina of silver for one year. From the first of +Sebat shall Bultâ be at the disposal of Marduk-nâṣir-apli. Bultâ +has received one-third of a mina of silver from Marduk-nâṣir-apli. +</quote> + +</div> + +<pb n='275'/><anchor id='Pg275'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XXVI. Lease Of Property</head> + +<p> +<note place='margin'>Form of house-rental</note> +In case of lease, the specifications of the house are usually +the same as in a sale. But this is often not so full, +since the identity of the house is less in evidence. A very +interesting text referring to the sale or lease of a house next +to the palace, in the district of Tirḳa, a house belonging to +gods Shamash, Dagan, and Idur-mêr is published by M. +Thureau-Dangin in <hi rend='italic'>Revue d'Assyriologie</hi>.<note place='foot'>IV., +p. 85 f.</note> It belonged to +the King of Ḥana, whose seal it bears. His name was Isar-lim, +son of Idin-Kakka. The receiver was Kaki-Dagan's +son. The oath was by Shamash, Dagan, Idur-mêr and Isar-lim +the king. The names are very interesting—Igid-lim, an +official of the god Amurrû; Idin-abu, king's son; Ili-esuḫ, a +judge; Idin-Nani, son of Idin-Marduk; Sin-ukûr, son of +Amur-sha-Dagan; Iazi-Dagan; Ṭuri-Dagan; Ṣilli-Shamash. +These prove that the land of Ḥana, already known by a +votive offering of one of its kings, Tukulti-mêr, was largely +Semitic. The names are either of the Babylonian or Aramaic +type. It is, of course, not easy to date, as the style +of writing in Ḥana may have been different from that in +Babylonia at the same epoch. +</p> + +<p> +<note place='margin'>The rental variable</note> +Meissner estimates the average rent of a house to be one +shekel per annum. But there are noteworthy variations +which, with our available data, cannot be explained. Perhaps +the best way is to take account of the size of the +<pb n='276'/><anchor id='Pg276'/> +house, usually given in the Babylonian fashion by the area +of its ground-plan. Rents were often paid in corn, but are +so variable that a value for corn in money cannot safely be +deduced. +</p> + +<p> +<note place='margin'>The usual conditions of tenancy</note> +A small part of the rent was usually paid as earnest-money +to close the bargain. In the case of short leases the +rest was paid on quitting the house, in longer leases half-yearly. +Usually the term of tenancy was carefully stated. +It was most commonly one year. The cost of repairs fell +on the tenant, according to the Code,<note place='foot'>§ Y.</note> but he was forbidden +to make any alterations until he had paid over the earnest-money. +The Code perhaps only means to forbid his +closing the door and fastening it, until the deposit was +made. The landlord, in fact, preserved the right of free +entry until then. +</p> + +<p> +<note place='margin'>Fields rented for a limited term</note> +The usual term of lease for fields was three years. It is +not possible as yet to explain why three years was stipulated, +but it was probably due to something more than an +accident of custom. Possibly a rotation of crops or an +alternation of crop and fallow may have been in vogue. +</p> + +<p> +<note place='margin'>Usual conditions of tenancy</note> +According to the Code the tenant was bound to keep the +land in good condition. His duties included the ploughing +or trenching, sowing the seed, snaring or driving off the +birds and stray beasts, weeding, watering, and harvesting. +Gardens he had to fence. The watering-machines were of +great importance and had to be kept in order. They were +worked by oxen—often as many as eight oxen were +required to work them. A certain amount of stock was +frequently leased with the land. It is not clear that oxen +were used for the plough; they may have been kept for the +watering-machines. +</p> + +<p> +<note place='margin'>Land often taken on shares</note> +The landlord was in a very real sense a partner with his +tenant, though he may be described as a <q>silent partner</q>. +</p> + +<pb n='277'/><anchor id='Pg277'/> + +<p> +In the case of the great temple landowners it seems to +have been the custom to supply a very large amount of the +tenant's necessities. Seed-corn was frequently furnished, +also corn for food for farmer and men, until the crop was +gathered. The stock and farm implements were also provided +by the landlord. This metayer system of leasing land +probably accounts for loans without interest. It is not clear +that such a system was already in vogue in early times. +</p> + +<p> +<note place='margin'>Stipulations regarding improvements</note> +In hiring a field it might be stipulated that the lessee +should place a dwelling upon it,<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 361.</note> <foreign rend='italic'>manaḫtu ana eḳlim išakkanu</foreign>. +Here the field was at a distance from the city, +<q>beyond the upper stream.</q> If the crop was to be properly +looked after, protected from birds, stray beasts, and +robbers the farmer must live there some part of the year. +There was no dwelling. The lessee was therefore called +on to erect a dwelling. Probably a simple edifice sufficed. +At the end of the tenancy the tenant was called on to resign +this building. +</p> + +<p> +<note place='margin'>Varying rentals</note> +There were two sorts of land. That called <hi rend='italic'>AB-SIN</hi> or +<foreign rend='italic'>šeru'</foreign>, seems always to have paid six to eight +<hi rend='italic'>GUR</hi> of corn per <hi rend='italic'>GAN</hi>. The other sort, +<hi rend='italic'>KI-DAN</hi>, probably read <foreign rend='italic'>kigallu</foreign>, +and certainly meaning land, not cultivated but to be brought +into cultivation, was exceedingly variable in quality. It is +set down for a rent of from three up to eighteen <hi rend='italic'>GUR</hi> per +<hi rend='italic'>GAN</hi>, but some land is rented at seventy-two +<hi rend='italic'>GUR</hi> per +<hi rend='italic'>GAN</hi>.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +797.</note> +</p> + +<p> +<note place='margin'>Allowances for maintenance sometimes a part of the agreement</note> +On account of the hire, some deposit was usually made, +which seems to bear no direct relation to amount of rent. +But while this was in many cases money—one to three +shekels—a number of cases exhibit a list of quantities of +food and drink. What these were it is difficult to say, as the +terms are written ideographically. But joints of meat, pieces +of flesh, drinks, bread and oil, seem to be intended. The +<pb n='278'/><anchor id='Pg278'/> +custom is obscure. Possibly these are set down as weekly +or monthly rations secured on the whole rent and to be set +off against it later. That the quantities are in some sense +distributive is certain, <q>so much each,</q> but whether <q>each +person,</q> <q>each day,</q> <q>each month,</q> or <q>each year</q> is not +stated. One plausible suggestion is that the landlord, like +the votary in the Code whose brothers do not content her, +let the farm to a man who covenanted to support or maintain +him. The contention is strengthened by the fact that +the cases known to us are all female landlords, and may +actually be examples of what the Code contemplates. +Having only a life interest in the property and being +without capital, they could not afford to wait until harvest +to receive the rent, but needed a frequent allowance for +maintenance. +</p> + +<p> +<note place='margin'>Life leases rare</note> +<note place='margin'>One such tablet known, but difficult to localize</note> +The lease of an estate for a term exceeding a few years +was always rare. One is found on a tablet which is one of +the most interesting of all those supposed to be of the First +Dynasty of Babylon. The script and the language recall +Assyrian types most vividly and it is full of non-Babylonian +names, which suggest Hittite, or even Armenian, origin. +Unfortunately, it is not dated. It might well have been +found at Kalaḫ, or Asshur, and belong to somewhat early +Assyrian times, perhaps before Assyrian independence of +Babylonia. Not one person named in it occurs in the other +tablets of the Bu. 91-5-9 Collection—a thing which cannot +be said of another of them. If this was really found with +them, we can only suppose that centralization was carried to +such a pitch that important legal documents, even when executed +as far away as Assyria, or Mesopotamia proper, had +to be sent in duplicate to the capital of Babylonia. Or was +it possible that the principal party came to the capital with +this document in his possession, deposited it in the temple +archives there, and died, leaving no one to reclaim it. +</p> + +<pb n='279'/><anchor id='Pg279'/> + +<p> +Dr. T. G. Pinches gave a transcription and translation of +the text in the <hi rend='italic'>Journal of the Royal Asiatic Society</hi>, 1897, +pp. 589 ff., with many interesting and valuable comments: +</p> + +<quote rend='display'> +Six homers of corn [land] belonging to Ishtar-KI-TIL-LA, son of +Teḫip-TIL-LA, Kibîa, son of Palîa, Urḫîa, son of Itḫip-sharru, and +Irishenni, son of Iddin-PU-SI, have taken for three homers of land, to +harvest and transport. As long as Ishtar-KI-TIL-LA lives, Kibîa, +Urḫîa, and Irishenni shall transport the crop of three homers of land +and shall deliver the same in caldrons. If Kibîa, Urḫîa, and Irishenni +do not harvest and transport and deliver the same in caldrons, and the +corn perish, they shall pay in full one mina of silver and one mina of +gold to Ishtar-KI-TIL-LA. Each is surety for the other. Before +Aḫli-Têshup, son of Taishenni; before Ukuia, son of Geshḫai; before +Shellu, son of Wantia; before Kushshu, son of Ḥuluḳḳu; before +Durar-Têshup, son of Gil-Têshup; before Aḫli-Babu, the +<foreign rend='italic'>ḫazânu</foreign>, son of Nubananu; before Zinu, son of Kiannibu, +the scribe. +</quote> + +<p> +<note place='margin'>The names of the witnesses seem to be North Semitic</note> +The names of the witnesses are here given in full because +of their exceptional interest. Until we are sure of his +nationality it is scarcely safe to suppose the principal's +name was really pronounced Ishtar-kitilla—the latter part of +the name may well be an ideogram. The name of his +father ending also in <hi rend='italic'>TIL-LA</hi> suggests that that group of +signs is separable. If so, the signs read Ishtar-<hi rend='italic'>KI</hi> may +perhaps be ideographic also. It is evident that Teḫip is +from the same root as Itḫip, and the form looks Semitic. +</p> + +<p> +Kibîa, Palîa, Urḫîa are Semitic, but Irishenni and Taishenni +remind one of the Erisinni, of the son of U'alli, King +of the Mannai in Ashurbânipal's time. Still, neither can be +said to be non-Semitic with certainty, when we recall the +many names ending in <hi rend='italic'>enni</hi> or <hi rend='italic'>inni</hi> formed +from verbs and compare the names formed from <hi rend='italic'>erêšu</hi>, +<hi rend='italic'>erêsu</hi>. Names containing +the name of the god Teshup were known long ago, +as Ḥu-Teshup, Kali-Teshup, Kili-Teshup, where the other +element of the name does not seem to be Semitic. Egyptian +records give us other compounds of the name of this +<pb n='280'/><anchor id='Pg280'/> +god, who was the sky-god among the pre-Semitic peoples +of Mesopotamia +</p> + +<p> +Here we have Aḫli-Teshup, Gil-Teshup, and Durar-Teshup. +With the former, Professor Hommel compares +Aḫlib-shar. With the next compare the Mitanni name +Gilîa, also Gilûa. Aḫli-Babu is a closer parallel. +</p> + +<p> +Of the other names, Shellu, Kushshu, Ḥuluḳḳu, and Zinu +seem to be Semitic; at any rate they occur frequently, or +in cognate forms, well known among the Assyrians and +Babylonians. The others are all very unfamiliar. We are +as yet so imperfectly acquainted with the onomastics of the +nations surrounding the Semites that it is hazardous to +attempt to locate these people. Supposing them to be all +of one race, they may belong to a colony settled near +Sippara, but the whole style of the language is so unlike +the Sippara documents that we can hardly suppose that to +be the case. +</p> + +</div> + +<pb n='281'/><anchor id='Pg281'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XXVII. The Laws Of Trade</head> + +<p> +<note place='margin'>The fitting-out of traders by capitalists a very early +practice</note> +The oldest form of business in Asiatic life is +<foreign rend='italic'>commenda</foreign>: +the commendatist gives a fixed sum of money to the agent +with which he does his business. The former takes a fixed +share of the profit, say half, in addition to the original sum +invested. The agent usually secures guarantees for the +capital. This method of carrying on business is customary +in the early times. The Code regulates the relations between +principal and agent. The former is called <foreign rend='italic'>tamkaru</foreign>, +usually rendered <q>merchant,</q> and the latter is +<foreign rend='italic'>šamallû</foreign>, often +rendered <q>apprentice.</q> The merchant is, however, a trader +in many ways, and in the Code he is usually named, where +we expect lender or creditor. Hence there is little doubt +that his name is derived from <foreign rend='italic'>magâru</foreign>, +or <foreign rend='italic'>makâru</foreign>, with a +meaning <q>to traffic</q> (?). He seems to have been a monied +man, who was ready to make to cultivators advances on +their crops—a practice always liable to great abuses, which +the Code aims to check. +</p> + +<p> +<note place='margin'>The agent repaid the value of the outfit with interest</note> +The merchant principal also furnished goods, among which +are mentioned corn, sesame, oil, wool, wine, and manufactured +articles. The agent did the trading, and regularly +rendered his accounts to his principal. He travelled from +place to place to find a market for his goods, or to make +purchases, which could be profitably sold at home. The +principal paid no salary, but received again his capital, or +the value of his goods, and an interest or share of the profit. +<pb n='282'/><anchor id='Pg282'/> +It is clear that the merchant also moved from place to place, +and there is evidence that many of them were foreigners. +The travelling agents with their goods formed the caravan. +</p> + +<p> +<note place='margin'>Legal memoranda essential as security</note> +This kind of trading was regulated by the Code.<note place='foot'>§§ 100-107.</note> +Unfortunately, the opening sections of the part dealing with the +relations of principal and agent are lost; but from what is +left we see that it insisted on exact accounts being taken, +on both sides, of the amounts of money or value of goods +thus invested. If the merchant intrusted money to his +agent, he was to take a receipt for it. If the agent received +goods, he was to enter their money value and obtain his +principal's acknowledgment of the amount of his debt. If +he suffered loss of goods from his caravan by bandits, or in +an enemy's land, he could swear to his loss, and be exempt +from repayment to his principal. But if he did not prosper +in his business, or sold at a loss, he had to make good the +capital, at least, to his principal. The Code leaves nothing +to chance. If the agent is foolish enough not to obtain a +sealed memorandum of the amounts received, or a receipt +for what he pays to his principal, it is enacted that money +not sealed for cannot be put in the accounts. Much was +clearly left to the good faith of the agent. The principal +was tolerably secure of receiving back his money and had +hope of profit. Against that he had to set possible loss by +robbery of the caravan. But he was not bound again to +employ the same agent. An agent detected defrauding his +principal had to pay threefold. But it speaks well for the +Code as protector of the weak that it made the capitalist +who defrauded the agent repay sixfold. +</p> + +<p> +<note place='margin'>This business done mainly by caravans</note> +From the contemporary documents we learn that the +name for the business was <foreign rend='italic'>girru</foreign>. That this was also the +name for an <q>expedition,</q> warlike as well as peaceable, +points to its connection with the caravan trade. The sign +<pb n='283'/><anchor id='Pg283'/> +for <foreign rend='italic'>girru</foreign>, also used for +<foreign rend='italic'>ḫarrânu</foreign>, a <q>journey,</q> came in later +times to be used for all kinds of business transactions. +That the relations noted in the Code actually were carried +out in practice, many tablets show. Thus we read: +</p> + +<quote rend='display'> +One shekel of silver, price of one hundred and eighty <hi rend='italic'>ŠE</hi>, and +three shekels of silver which Zuzana lent Aplâ son of Edishu, for +five <emph>years</emph>, to enter on his <foreign rend='italic'>girru</foreign>. +He shall pay one hundred and eighty <hi rend='italic'>ŠE</hi> and three +shekels of silver to take back his sealed +receipt.<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 549.</note> +</quote> + +<p> +Here the capital intrusted was a quantity of corn worth a +shekel, and three shekels in money. This was in order to +enter on a business journey. The agent Aplâ had to return +the capital in full, as the Code enacts, to take back his bond. +There is no agreement as to profits, which might be wanting; +that was left to be understood. As a rule, the time was +shorter, generally <q>one year.</q> The agent appears to have +often borne the name of <foreign rend='italic'>muttalliku</foreign>, <q>one who wanders +about,</q> <q>a hawker.</q> The same may be denoted by +<hi rend='italic'>AḪ-ME-ZU-AB</hi>, +a group of signs whose reading is not yet clear, +but may be a variant of the ideogram for <foreign rend='italic'>šamallû</foreign>. +</p> + +<p> +<note place='margin'>Speculation not unknown</note> +Business was also done, as the Code shows, as speculation +in futures. Thus<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 110.</note> +we read: +</p> + +<quote rend='display'> +Sibbat-asê-iddina hired as <q>business</q> the produce of a field from +three men. The produce of the business was to be three and seven-fifteenths +<hi rend='italic'>GUR</hi> of corn, according to the standard measure of Shamash +paid in Kar-Sippar, and one shekel was to be profit. +</quote> + +<p> +This was what he had to pay, and evidently, if the crop +yielded more, that was his profit; if less, he had to stand +the loss. Similarly, other crops were let on the terms that +at harvest, or at the end of the <q>business,</q> a specified amount +should be paid. +</p> + +<p> +<note place='margin'>Caravan trade</note> +We learn from many hints, that caravan trade was always +active. The name of Ḥarran in Mesopotamia is supposed +<pb n='284'/><anchor id='Pg284'/> +to be derived from the numerous caravan routes that crossed +there. The Tell el Amarna tablets tell us of the complaints +made by the kings of Babylonia of the robbery of caravans +in districts nominally under the control of Egypt. +</p> + +<p> +<note place='margin'>These dealings frequent in later times</note> +In the more private documents of the later Babylonian +times, there is again plentiful evidence that this form of +trade was common. The money was loaned out <q>to buy +and sell.</q> It was given <foreign rend='italic'>ana ḫarrânu</foreign>, +<q>for hawking trade.</q> Then whatever profit was made upon the money, the agent +<q>will give</q> to the principal. The agent binds himself +to undertake no other agency. He gives a guarantee for +the money. The principal had no further responsibility +for the business, and would not meet any further call. It +is obvious that in a sense the principal and agent were +partners, and many transactions in later times are difficult +to distinguish from cases of partnership in the ordinary +sense. +</p> + +<p> +<note place='margin'>Importance of the canals for commerce</note> +It has long been recognized that the canals controlled the +prosperity of the country, but it is only lately that their +importance as waterways has been fully realized. In the +early period we read of flour sent by ship to Nippur for +certain officials.<note place='foot'>E. A. H., 27.</note> +</p> + +<p> +<note place='margin'>Navigation laws for shipping of great +number and variety</note> +The Code has much to say about ships. Temples owned +them, as well as private persons. It was a crime, punishable +with death, to steal a ship.<note place='foot'>§ 8.</note> We read of fees for +building or navigating various ships.<note place='foot'>§ 234.</note> The responsibilities +and damages in collisions and wrecks are apportioned.<note place='foot'>§§ 235, +236.</note> A shipowner might hire a captain to navigate a ship for him, +or might hire the captain and ship together. The usual +freight included corn, wool, oil, and dates, but many other +things were also carried. The wages of a captain was six +<hi rend='italic'>GUR</hi> of corn yearly. There are frequent references to +ships in the contemporary letters.<note place='foot'>K. L. Ḥ., +<hi rend='italic'>passim</hi>.</note> They were named according +<pb n='285'/><anchor id='Pg285'/> +to their carrying capacity, which was five or more +<hi rend='italic'>GUR</hi>. A ship of seventy-five <hi rend='italic'>GUR</hi> +is named. They carried wood, for King Ḥammurabi ordered seven thousand two +hundred pieces of <foreign rend='italic'>abba</foreign> wood to be brought to Babylon, +three hundred pieces in a ship. A number of boat captains +or perhaps shipping agents were ordered to proceed from +Larsa to Babylon and arrive with their ships in Adar. He +gave orders for the furnishing of the crews. We further +have a correspondence concerning the invasion of certain +fishing rights by boats from another district. In the contemporary +contracts we meet with several long lists of ships +divided into little groups, of five, six, or seven, each with its +captain named, each group under a head captain, all set +down as at anchor at the port of Shamash, or the like.<note place='foot'>S. 160.</note> +There is a case of the hire of a boat of six <hi rend='italic'>GUR</hi> freight by +two persons for two months.<note place='foot'>S. 244.</note> +</p> + +<p> +<note place='margin'>In Assyrian tablets</note> +In Assyria, canals served chiefly for water-supply. Except +when the Assyrian kings went outside their own lands +to Babylonia or Mesopotamia, we hardly read of ships. +Sennacherib's ships were built abroad and served abroad. +There is no hint of their ever coming up to the walls of +Nineveh. The contracts only once mention a ship<note place='foot'>A. +D. D., No. 468.</note> in +which booty was brought from somewhere. +</p> + +<p> +<note place='margin'>Boat hire a regular stipulation in Babylonia</note> +In the later Babylonian times there are many references +to the hire of boats and their crews. They appear to be a +regular conveyance of goods:<note place='foot'>Nbd. 401.</note> +</p> + +<quote rend='display'> +One shekel and a quarter of silver for the hire of a ship which +brought three oxen and twenty-four sheep from the king's son +[Belshazzar], for Shamash and the gods of Sippara. Further, fifty +<hi rend='italic'>ḲA</hi> of dates for the rations of the two boatmen. +</quote> + +<p> +Thus the receiver paid carriage and expenses. The daily +hire of a boat is now one shekel, and the wages of the crew +<pb n='286'/><anchor id='Pg286'/> +amount to half as much.<note place='foot'>Nbd. 1019.</note> A boat might be bought for +twenty shekels or half a mina.<note place='foot'>Nbd. 180.</note> The wages of the boatmen +included corn, dates, salt, and onions. The freight was +exceedingly varied as before. One boat appears to have +carried fresh meat.<note place='foot'>Cyr. 343.</note> +</p> + +<p> +<note place='margin'>The maintenance of roads</note> +There are less obvious references to roads in the literature; +but that they were in excellent condition has been +conjectured from the many evidences of postal service and +ready carriage even in early times. Convoys travelled from +Agade to Lagash as early as the time of Sargon I.<note place='foot'>K. +L. Ḥ., p. xxi.</note> Innumerable +labels are found on lumps of clay with the +name and address of the consignee. These were attached +to consignments of money and goods. +</p> + +<p> +<note place='margin'>A regular tariff for land-transportation</note> +The Code contemplates consignments being sent from a +great distance, even from abroad.<note place='foot'>§ 112.</note> It regulates the charges +for a wagon, with oxen and driver,<note place='foot'>§ 271.</note> or a wagon +alone.<note place='foot'>§ 272.</note> +There are several cases in the contracts of the hire of +wagons, for varied prices per year, one-third of a +shekel<note place='foot'>B<hi rend='vertical-align: super'>1</hi> 564.</note> to +twelve shekels;<note place='foot'>S. 572.</note> but it is not certain that these were for +conveyance from place to place. They may have been for +agricultural purposes only. The usual means of conveyance +seems to have been by asses. +</p> + +<p> +<note place='margin'>Roads in Assyria of prime importance</note> +In Assyrian times we find it part of the duty of a founder +of a city to open up the roads leading to it.<note place='foot'>K. +B., vi., p. 106.</note> The land +was intersected with roads in all directions, so that a field +often had two roads as its boundaries. The whole plain +outside Nineveh was cut up by roads, which here take the +place of the canals of Babylonia. In this period we find +horses and camels in use as beasts of burden as well as the +asses. +</p> + +</div> + +<pb n='287'/><anchor id='Pg287'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XXVIII. Partnership And Power Of Attorney</head> + +<p> +<note place='margin'>Partnership in business common from early times</note> +Association, or partnership, makes its appearance very +early and in a highly developed state. Some forms are +very simple, as when two or more men buy or hire a piece +of land together. There may, or may not, be any family +relationship between the partners. In some cases we learn +nothing about the terms of partnership. But where we are +able to discern them, they follow the natural course that +profits were divided, <hi rend='italic'>pro rata,</hi> according to the capital +contributed. More obscure is the question how far the personal +exertions of each partner were pledged to the benefit +of the firm. There is a suggestion that some partners were +content with furnishing capital, and obtaining a fair return +upon it, while the others were actively engaged in the business +of the firm. Prolonged study and comparison are, however, +needed before all these points can be definitely decided. +</p> + +<p> +<note place='margin'>Origin of the word for partner</note> +The name for a <q>partner</q> is <foreign rend='italic'>tappû</foreign>, +and the sign <hi rend='italic'>TAP</hi> +serves as ideogram. This sign consists of the two horizontal +strokes used to denote <q>two,</q> and may have been used +to denote <q>union,</q> or partnership, and so from its name <hi rend='italic'>tap</hi> +have given rise to the name for <q>partner.</q> In the new +Babylonian times the ideogram is the sign usually read +<foreign rend='italic'>ḫarrânu</foreign>, also formed of the two horizontal strokes +crossed by two connecting strokes or bonds. There is little doubt +that in early times this was read <foreign rend='italic'>girru</foreign>, when denoting +<q>business,</q> undertaken in association. Later the dualism +<pb n='288'/><anchor id='Pg288'/> +of the partnership was marked by the addition of the dual +sign to <foreign rend='italic'>ḫarrânu</foreign>. That both +<foreign rend='italic'>ḫarrânu</foreign> and +<foreign rend='italic'>girru</foreign> are used as +words for <q>way,</q> <q>journey,</q> <q>expedition,</q> may well point +to the prominence of the idea of trade journeys with caravans. +But partnerships were made with less ambitious +aims and confined to holding and sharing in common varied +sources of income. +</p> + +<p> +<note place='margin'>The usual conditions</note> +To make a partnership, <foreign rend='italic'>tapputam +epêšu</foreign>,<note place='foot'>M. A. P., 78.</note> it seems that +each partner contributed a certain amount of capital, +<foreign rend='italic'>ummânu</foreign>.<note place='foot'>M. A. P., p. 13.</note> +Yearly accounts were rendered and the profit then +shared. This took place by a formal dissolution of partnership, +when each partner took his share. This in no way +prevented a renewal of partnership. For the satisfaction +of the partners sworn declarations as to the property held +in common and the profit made were deposed before judicial +authorities. These often take the form of a suit by one +partner against the other, but it seems that they might be +only formal suits to clear up the points at issue and secure +a legal settlement. +</p> + +<p> +<note place='margin'>Always legally defined</note> +A considerable number of tablets are drawn up to embody +a settlement on dissolution of partnership. Some do +not make any reference to a law officer as arbitrator; but +all contain a careful setting-forth of each partner's share and +an oath to make no further claim. It is practically certain +that these were drawn up with the cognizance of the local +law-court. +</p> + +<p> +<note place='margin'>The Code silent</note> +The Code has nothing to say as to partnership, unless +its regulations on the point were embodied in the lost five +columns. +</p> + +<p> +A good example of partnership documents is the +following:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 358.</note> +</p> + +<quote rend='display'> +Erib-Sin and Nûr-Shamash entered into partnership and came into +the temple of Shamash and made their plan. Silver, merchandise, +<pb n='289'/><anchor id='Pg289'/> +man-servant, and maid-servant, abroad or at home, altogether they +shared. Their purpose they realized. Money for money, man-servant +and maid-servant, merchandise abroad or at home, from mouth to +interest, brother with brother will not dispute. By Shamash and +Malkat, by Marduk and Ḥammurabi, they swore. Then follow +seventeen witnesses. The document is not dated. +</quote> + +<p> +<note place='margin'>Explanation of the terminology</note> +The word for plan, <foreign rend='italic'>ṭêmu</foreign>, means the basis of partnership, +that is, its terms. Here it was <q>share and share alike.</q> +The phrase <foreign rend='italic'>babtum</foreign>, <q>merchandise,</q> includes all the +material in which they traded, excluding the living agents. The +phrase <foreign rend='italic'>ša ḫarrânim</foreign>, literally <q>on the road,</q> may +well have denoted the merchandise not in warehouse, but in circulation. +Whether <foreign rend='italic'>ḫarrânu</foreign> actually referred to a caravan may +be doubtful. We often read of goods <foreign rend='italic'>ša suḳi</foreign>, <q>on the +street,</q> in the same sense, <q>out on the market.</q> If the +partners dealt in corn, and had a quantity lent out on interest, +that was <foreign rend='italic'>ša suḳi</foreign>. Whether a distinction between +<foreign rend='italic'>ša ḫarrânim</foreign> and <foreign rend='italic'>ša suḳi</foreign> +was kept up is not clear. But if they invested their capital in merchandise which they +sent to a distant market for sale, the former phrase would be +more appropriate, while if they bought wool to manufacture +into cloth or garments and to sell in the bazaars of +their own town, <foreign rend='italic'>ša suḳi</foreign> would be more suitable. The gate +of the city was a market, and money or goods <foreign rend='italic'>ša bâbi</foreign>, +<q>at the gate,</q> was as we should say <q>on the market.</q> In contrast +to these phrases, <foreign rend='italic'>ina libbi alim</foreign>, <q>in the midst of the +town,</q> answers to our <q>in stock.</q> While the term +<foreign rend='italic'>mitḫariš</foreign> literally means <q>altogether,</q> <q>without +reservation,</q> it implies exact equality of share. The +<foreign rend='italic'>amâtu</foreign> was the <q>word,</q> +literally, but, applied to business, means the agreement as +to their mutual transactions. The completion of that was +reached when they took the profits and divided them. It +might include the mutual reckoning of profit and loss. The +phrase <q>from mouth to interest</q> is very idiomatic. The +<pb n='290'/><anchor id='Pg290'/> +<q>mouth,</q> or verbal relationships, included all they said, the +terms they agreed upon. The word <q>interest</q> here replaces +the more usual <q>gold;</q> both mean the <q>profit,</q> or +the balance due to each. Usually we have the words <q>is +complete,</q> the idea being that no verbal stipulation has +been overlooked, no money or profit left out of reckoning. +</p> + +<p> +<note place='margin'>Evidence of long-established commercial customs</note> +As will be remarked, such pregnant forms of expression +evidently presuppose a long course of commercial activity. +They can only have arisen as abbreviations of much longer +sentences. Clear enough to the users of them, they do not +admit of literal rendering, if they are to be intelligible to +us. But they are eloquent witnesses of an advanced state +of commerce. +</p> + +<p> +<note place='margin'>In Assyrian literature</note> +Traces of partnership are difficult to find in the Assyrian +tablets which have reached us. We must not confuse with +partnership the holding in common of property or lands, +which may be due to heritage. Two or more brothers may +sell their common property, for greater ease of division, but +they are not exactly partners. +</p> + +<p> +<note place='margin'>In later Babylonian times such evidence common</note> +In the later Babylonian times, as is natural to expect with +the larger number of private documents, there is much evidence +regarding the many forms of association for business. +We have such simple forms as the following:<note place='foot'>Nbn. 199.</note> +</p> + +<quote rend='display'> +One mina which A and B have put together for common business. +All that it makes is common property. +</quote> + +<p> +Or thus: +</p> + +<quote rend='display'> +Two minas each, A and B, have as <foreign rend='italic'>ḫarrânu</foreign>. All that it +makes, in town and country, is in common. Rent of the house to be paid +from capital.<note place='foot'>Nbk. 88.</note> +</quote> + +<p> +<note place='margin'>The many varied details</note> +They had a house, as shop and warehouse, the rent of +which was a charge upon the business. Slaves might be +partners with free men, even with their masters. A partner +<pb n='291'/><anchor id='Pg291'/> +might merely furnish the capital or both might do so, +and commit it to the hands of a slave or a free man with +which to do business. The slave took his living out of such +capital, and the free man received either provisions or a +fixed payment. Thus we read:<note place='foot'>Nbn. 572.</note> +</p> + +<quote rend='display'> +Five minas and six hundred and thirty pots of aromatics belong +to A and B as partners. This stock is given to C, a slave, and D, another +slave, with which to do business. Whatever it makes is A and +B's in common. C and D take food and clothing from the profits +where they go. +</quote> + +<p> +It is not unlikely that each slave was to look after his +own master's interests. For we read:<note place='foot'>Nbn. 653.</note> +</p> + +<quote rend='display'> +Six minas belong to A and B and are given to C the slave of B as +capital. A and B share what it makes. A will give another slave +D to help C. +</quote> + +<p> +Even women entered into business as agents. We read:<note place='foot'>Nbn. 652.</note> +</p> + +<quote rend='display'> +Two-thirds of a mina belonging to A and B are given to a free +woman with which to trade. +</quote> + +<p> +<note place='margin'>A formal dissolution of partnership</note> +As in earlier times, the dissolution of partnership usually +involved a reference to the law-courts. Thus we have<note place='foot'>Nbk. 116.</note> a +reckoning before judges of two brothers and a third who +were in a partnership from the eighth year of Nabopolassar +to the eighteenth of Nebuchadrezzar. <q>The business is +dissolved</q> (<foreign rend='italic'>girru paṭrat</foreign>). All the former contracts +were broken and shares are assigned to each. The first two +brothers were in possession of fifty shekels which were to +be divided. +</p> + +<p> +<note place='margin'>Reckonings</note> +Provisional reckonings were constantly made at frequent +intervals, but did not involve dissolution of partnership, nor +need to be referred to a law-court.<note place='foot'>A. B. P., ii., 59.</note> +<pb n='292'/><anchor id='Pg292'/> +Some cases are interesting for additional items of information. +Thus we note:<note place='foot'>Dar. 280.</note> +</p> + +<note place='margin'>A manufacturing partnership</note> +<quote rend='display'> +Two partners put in each fifty <hi rend='italic'>GUR</hi> of dates. Whatever it makes +is to be in common. They take a house in Borsippa for one year at +rent of half a mina. The rent is to be paid out of profits. B holds +the house and apparently carries on the business. At the end of the +year he returns it and all the utensils to A. +</quote> + +<p> +It seems likely that he carried on some kind of manufacture. +A held the south house, next door. B also paid +the tithes. A similar case where some manufacture from +dates is supposed, is thus stated:<note place='foot'>Dar. 395, 396.</note> +</p> + +<quote rend='display'> +A lends one hundred <hi rend='italic'>GUR</hi> of dates, fifty <hi rend='italic'>GUR</hi> +of corn, sixty large pots, to B and C two of his slaves, on a partnership. They are to +take in common whatever it makes, in town and country. The venture +is to last three years. But, in this case, they are to pay interest +two minas <hi rend='italic'>per annum</hi>. At the end of the three years, the two +slaves returned all. +</quote> + +<p> +They were given a house for which they paid no rent. +</p> + +<p> +<note place='margin'>Power of attorney recognized and frequently used</note> +Closely allied with agency is the power of attorney. +In the Code<note place='foot'>§ 7.</note> a son in his father's house could not contract, +buy or sell, or give on deposit, except by power of attorney +empowering him to act for his father. The same was true +of the slave. The contemporary documents contain many +references to business done by agents on the order of their +principals.<note place='foot'>Page <ref target="Pg243">243</ref>.</note> +The Assyrians also make frequent mention of persons acting as +<foreign rend='italic'>bêl ḳâtâti</foreign>, having the power of another's +hands, being in fact allowed to act as their attorney or agent. +The king was represented in the law-courts by his agent.<note place='foot'>A. +D. D., No. 94.</note> Sometimes the agent was called +<foreign rend='italic'>bêl paḫâti</foreign> of the king's son.<note place='foot'>A. +D. D., No. 152.</note> It even seems to be the case that +<foreign rend='italic'>ḳâtâtu</foreign> acquired the sense of agency, or +business, and <foreign rend='italic'>bît ḳâtâti</foreign> came to +<pb n='293'/><anchor id='Pg293'/> +mean a <q>shop,</q> or bazaar. In many cases <q>agency</q> was +expressed by <foreign rend='italic'>ša ḳâtâ</foreign>, <q>by the hands of.</q> Aliens +had to act through such an agent.<note place='foot'>A. D. D., No. +307.</note> When three men borrow a quantity of straw, +one alone sealed the receipt and bond to repay, and was said to be +<foreign rend='italic'>bêl ḳâtâti ša tibni</foreign>, <q>agent for the +straw.</q><note place='foot'>A. D. D., No. 151.</note> A female slave was sued for +property said to be due from her master, in his absence. A free man, perhaps +the judge, was <foreign rend='italic'>bêl ḳâtâti</foreign> for the woman that her master +would take up the case on his return, and undertook to +satisfy the suitor, if she could not do so.<note place='foot'>A. D. D., No. 166.</note> +</p> + +<p> +<note place='margin'>Protection of the rights of the principal</note> +In later Babylonian times the phrase survived. The +commissary acted <q>with the hand</q> of his principal. We +may take this to be the hand-sign, or seal, representing +written authority. It involved a reckoning with his master, +and naturally gave rise to a number of delicate questions. +If a man bought a house for another, having been commissioned +so to do, his principal must of course pay the +price. But was he bound to accept his agent's selection? +Could he not demur regarding the price? One of these +points at least was dealt with by the later Code. Law A +deals with the man who has concluded a purchase for +another, without having a power of attorney from him in a +sealed deed. If he has had the deed made out in his own +name, he is the possessor. Of course, he can sell again to +his principal, but he could not do so at a profit. Nor is the +principal under any obligation to accept the purchase at the +price the agent gave for it. Actual examples are far from +rare: A buys a field, crop, date-palms and all, for C and D. +This purchase was made on condition that all copies of the +transaction be destroyed. The condition was not observed, +as we still possess one of them. Later A received from C, +one of his principals, about half the price he had paid. But +it does not appear that D ever paid his share, and this is +<pb n='294'/><anchor id='Pg294'/> +why the condition was not carried out. Presumably A +and C remained owners of the field.<note place='foot'>Nbn. 132, 133; A. B. P., p. +11.</note> +</p> + +<p> +<note place='margin'>Representative action</note> +There is no limit to the varieties of agency or representative +action. At all periods we meet with a brother, usually +the eldest, acting for his other brothers. A brother acting +with the hand of his brother also occurs in the time of Evil +Merodach.<note place='foot'>Ev. Mer., 13.</note> +</p> + +<p> +<note place='margin'>Power of attorney over funds</note> +The power of attorney was also given to receive money +and give a receipt, under seal.<note place='foot'>Dar. 386.</note> Again: A bought some +slaves of B and paid in full. B gave receipt for the +money, but did not undertake to deliver the slaves at A's +house. A can send a messenger or agent to take the slaves, +and B agrees to deliver them to such. Whatever is born +or dies from among the slaves is credited to A.<note place='foot'>A. B. P., ii., +34.</note> +</p> + +</div> + +<pb n='295'/><anchor id='Pg295'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>XXIX. Accounts And Business Documents</head> + +<p> +<note place='margin'>Account-books</note> +There are lists which are not formal contracts, but may +have been used as legal evidence. The stewards of the +great temples, of the palaces, and even of wealthy men in +business, kept most careful accounts. These lists have +some features peculiar to themselves and are not without +considerable interest. +</p> + +<p> +<note place='margin'>Those of the first epoch mainly temple accounts</note> +The tablets which have reached our museums from Telloh, +Nippur, and elsewhere, belonging to the ages before the +First Dynasty of Babylon, are for the most part temple accounts. +They often concern the offerings made by various +persons, often officials of high standing, and some may well +have been the notes sent with the offerings. But many +were drawn up as records of the receipts for a certain day, +month, or year. Interesting as they are for the class of +offerings, for the names of offerers, or of priests, and for +the cult of particular gods, or the localities near Telloh and +Nippur, and often containing valuable hints for the history +and chronology of those times, they do not give us the +same insight into the daily life of the people that the longer +legal documents do, in later periods. +</p> + +<p> +<note place='margin'>Receipts for loans</note> +An important class consists of receipts for loans. Those +drawn up at full length and witnessed, have already been +considered. But the majority may only contain a list of +articles delivered, with the name of the receiver, the lender +being the holder as a temple official, while the receiver is +<pb n='296'/><anchor id='Pg296'/> +a subordinate. These may have been as effective as the +fuller bonds, but they furnish little information, except regarding +the current prices of articles. +</p> + +<p> +<note place='margin'>Accounts of repairs or expenses</note> +Some tablets are concerned with hire. The amounts paid +by the temple for repairs, fresh robes for gods and officials, +even maintenance of the workmen, are all set down with +their totals for a week, or a month. +</p> + +<p> +<note place='margin'>Records of measurements</note> +An important class consists of the records of the measurements, +length, breadth, and area of fields, together with +the amounts of corn which they were expected to produce. +Were these available for a widely extended area, we might +be able to map out the district round the temple from +whose archives they come. +</p> + +<p> +<note place='margin'>The conditions of service with flock and herds</note> +The temples and large landowners had great flocks and +herds. Consequently, there is much evidence concerning +the pastoral occupations of the people of Babylonia. The +Code regulates the relations of the shepherds and herdsmen +to the flock-masters.<note place='foot'>§§ 261-67.</note> +Thus an owner might hire a shepherd, <foreign rend='italic'>nâkidu</foreign>, +for his sheep or cattle, at the wages of eight +<hi rend='italic'>GUR</hi> of corn <hi rend='italic'>per +annum</hi>. The shepherd or herdsman took +out the flock or herd to the pasture and was responsible to +the owner for them. They were intrusted to him, and if +sheep or ox were lost through his fault, he had to restore ox +for ox and sheep for sheep. If he was hired and had received +satisfactory wages, he had no power to diminish, or +abstract from, the flock or herd for his keep or private use. +He entered into a contract with the owner, and that stipulated +for the restoration of the entire flock or herd, together +with a proper increase due to the breeding of the flock or +herd. He had to make any deficiency good, by statute.<note place='foot'>§ 264.</note> +This applied also to the stipulated profit in wool or other +produce. It seems clear that his own profit was any excess +above the stipulated return. Otherwise it is difficult to see +<pb n='297'/><anchor id='Pg297'/> +what source he had from which to make good the loss to +his master. He was forbidden to alter the agreement into +which he had entered in any particular, or to sell any of the +flock, under penalty of a tenfold restitution. He was, however, +protected from liability for loss by wild beasts or accident. +But, if the loss was due to his fault, by neglecting to +keep the fold secure, he had to make up the loss. +</p> + +<p> +<note place='margin'>Herdsmen's accounts</note> +It is obvious that he gave a receipt for what was intrusted +to him and made his account on return from the +pastures. These accounts are plentiful among the temple +accounts in the earliest periods, but being written for the +most part in Sumerian, have still many obscurities for us. +As a rule, each deals with the liabilities of one man, whose +<q>account,</q> <foreign rend='italic'>nikasu</foreign>, it is said to be. At the +beginning are recounted the details of his trust, so many oxen, cows, sheep +or goats, of varied ages and qualities. Here it is very difficult +to translate. Anyone who knows the variety of names +which are given to an animal by agriculturists according to +its age, sex, and use, need not be surprised to find that the +Babylonians had many names for what we can only render +by <q>sheep.</q> As a rule, we know when the ram, ewe, or +lamb is intended. But this by no means exhausts the variety. +Anyone who glances through an Arabic lexicon must +notice how many different names the Arabs have for the +camel in its different aspects. But in our case we often +have no clew to what was meant by the signs beyond some +variety of sheep, ox, or goat. At any rate, the first section +enumerates the cattle or sheep delivered to the herdsman. +Then follows a section devoted to those <q>withdrawn,</q> taken +back by the owner, or exacted as some due from the flock. +Others are noted as taken for sacrifice, used for the wages +or support of the herdsman, or else dead or otherwise missing. +These the herdsman was allowed to subtract and then +had to return the balance. There are similar lists of asses +<pb n='298'/><anchor id='Pg298'/> +or goats. The tablets hardly lend themselves to connected +translation because of the absence of verbs. The following +is an example: +</p> + +<quote rend='display'> +Forty-three ewes, forty-three rams, seven ewe-lambs, seven he-lambs, +three she-goats, one sucking kid, to start with. Expended in +ewes and rams, none; six ewes, seventeen rams, snatched away; no +lambs lost: no ewes, one ram, no lambs. Total: one hundred and +four to start with. Total expended: none. Total: twenty-three +snatched away. Total: one lost. Namḫâni, shepherd. Overseer: +Duggazidda. At Girsu. The year after the king devastated Kimash. +</quote> + +<p> +The meaning of the words is somewhat conjectural. <q>Expended</q> +may mean used for the shepherd's own maintenance. +<q>Snatched away</q> means probably deducted for revenue +purposes, about one in five. The scribe did not write +<q>none.</q> He merely left a blank.<note place='foot'>E. A. H., +14. For fuller details the reader should consult Radau's <hi rend='italic'>Early +Babylonian History</hi>.</note> +</p> + +<p> +<note place='margin'>Lists of second epoch unavailable</note> +The similar lists for the second epoch are not yet available +for study. Only one<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +447.</note> appears to have been published,<note place='foot'>In C. T., vi., p. 24.</note> +but there are many still unpublished. It is not easy to +translate them, because, though many Semitic names occur, +there is still a tendency to use the old Sumerian, or ideographic +writings. Such a list as: +</p> + +<quote rend='display'> +Eight oxen, twenty-three work-oxen (for watering-machines), +eleven milch cows, sixteen steers, sixteen heifers. In all seventy-four +oxen (or cattle) belonging to Marduk-uballiṭ in the hands of +Bêlshunu, fifth day, +</quote> + +<p> +may serve as an example, but does not convey much information +to us. These lists are chiefly valuable for the means +of comparison they afford. A three-year-old ox was worth +half a mina of silver.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +448.</note> +</p> + +<p> +<note place='margin'>The Assyrian lists indicate new varieties of animals</note> +For Assyrian times we have a few interesting examples, +just enough to show that the same customs survived. There +<pb n='299'/><anchor id='Pg299'/> +are no less than thirty-five kinds of sheep and goats, and fifteen +kinds of cattle named in the lists; also eleven kinds of +birds. Here is a specimen list of asses which gives some +prices:<note place='foot'>A. D. D., No. 732.</note> +</p> + +<quote rend='display'> +One male working ass for one and a half minas seven shekels, one +she-ass for thirty-seven shekels, a second she-ass for one mina, a third +she-ass for one royal mina, a fourth she-ass for thirty-two shekels, in +all five and a half minas two shekels. +</quote> + +<p> +There is nothing to show for whom or why the list was +drawn up, but if the total is correct, we learn that a royal +mina was worth one mina forty-six shekels of the ordinary +standard. The lists of horses are now very numerous, some +dozen varieties being distinguished. Many of these lists +give the numbers of horses of different kinds which entered +a certain city on a certain day.<note place='foot'>They are published by +Professor R. F. Harper in his <hi rend='italic'>Assyrian and Babylonian +Letters</hi>, <hi rend='italic'>passim</hi>.</note> The horses are often distinguished +as coming from certain countries, being called +Kusai, or Mesai, horses. The camels are frequently mentioned, +and we learn that one was worth a mina and a +third.<note place='foot'>H. A. B. L., p. 690.</note> Dromedaries are also +named<note place='foot'>A. D. D., No. 117.</note> and seem to have +been worth three minas apiece. +</p> + +<p> +<note place='margin'>Memoranda regarding wool</note> +Wool accounts play an important part in documents of +the early times. They may be regarded as of two kinds. +The first are shearers' accounts returned by the shepherd of +a flock; the second are concerned with the amounts of wool +given out to weavers. +</p> + +<p> +<note place='margin'>The four kinds of wool</note> +Shearers' accounts enumerate four sorts or qualities of +wool. The best was called royal wool, that which was of +the highest quality. The others were second, third, and +fourth quality. Poor wool and black wool are also named. +Sometimes we are told from what part of the sheep's +<pb n='300'/><anchor id='Pg300'/> +body it was taken. Other terms applied are less easy to +recognize. This wool was received by weight. +</p> + +<p> +<note place='margin'>Black wool very highly valued</note> +The weavers' accounts give a list of quantities of wool, +with the same distinctions as to quality, and the price at +which it was assessed. This was doubtless the sum to be +paid by the weaver, if the wool was not returned made up. +The values attached show very clearly the difference in +quality. Thus, while two looms of royal wool were worth +thirty minas, seven looms of second quality went for the +same value, eleven looms of third quality for a talent, and +thirty-two looms of fourth quality for one talent, one loom +of another sort for one talent, and the same amount of +black wool for the same value.<note place='foot'>E. A. H., +50.</note> It is evident that the +black wool was highly valued. The loom, literally, <q>beam,</q> +of wool, was some measure, perhaps what would occupy +one weaver. The price was probably fixed in silver. The +price of the same quality varied from time to time. +</p> + +<p> +<note place='margin'>Sheep-shearing</note> +In the letters of Ḥammurabi and his successors there are +frequent references to the shearing, and orders for the inspection +of flocks and herds.<note place='foot'>K. L. Ḥ., pp. xlvi. +ff.</note> The Code does not refer to +sheep-shearing, though it mentions wool. The shearing +was concluded by the New Year feast in Nisan. In the +contemporary contracts there are several wool accounts. +As a rule, one talent, or sixty minas' weight, of wool was +served out to several men who were to pay for it, to the +palace, at the rate of one shekel of silver <hi rend='italic'>per mina</hi>. +</p> + +<p> +<note place='margin'>The weaving accounts</note> +In Assyrian times we have great wool and weaving +accounts. Some deal with the huge amounts of wool +received as tribute from the great cities of the empire and +then served out to bodies of weavers in various palaces +with specifications of the species of cloth or sorts of garments +which were to be returned. In the later Babylonian +times we have a large number of wool accounts recording +<pb n='301'/><anchor id='Pg301'/> +the amounts given out from the temple to various persons +to weave or make up into garments.<note place='foot'>These have been +discussed by Dr. R. Zehnpfund, B. A. S., i., pp. 492-536. +He has striven to identify the garments as far as possible; but when we recall that +over eighty such garments are named in these lists, most of which are merely +names, with no indication of their uses, it is clear that a translation is generally out +of the question. We know something of their material and often of their color, but +nothing further. It is curious that in many cases these names are the same for +Assyrian and later Babylonian times.</note> +</p> + +<p> +<note place='margin'>Memoranda regarding skins of animals</note> +Skins are also named in the accounts. They are distinguished +as the skins of certain kinds of animals. Various +amounts are credited to different persons, but whether as +giving or receiving, and in what capacity, is not clear. +Sheep and goat skins are most common, but ox and cow +hides are named. +</p> + +<p> +<note place='margin'>Leather</note> +The Code does not refer to these, nor the letters of Ḥammurabi +and his successors, but we have lists of skins and +carcasses of animals.<note place='foot'>B<hi rend='vertical-align: super'>2</hi> +406, 611.</note> The purpose of the lists is not clear. +In Assyrian times there are frequent references to hides. +There was a distinct grade of official called a +<foreign rend='italic'>ṣârip taḫšê</foreign>, +<q>dyer of skins.</q> Large quantities were bought in the +markets of Kalaḫ and Ḥarrân. The price was about two +shekels of silver for a skin.<note place='foot'>A. D. D., +No. 872.</note> The articles made of leather +are very numerous; shoes, harness, pouches, even garments, +are named. It was used for buckets, baskets, bottles, +shields, and many other things not clearly recognized. +</p> + +<p> +<note place='margin'>Amounts allowed for the food of animals</note> +Fairly frequent also are accounts of the quantities of corn +expended for the keep of flocks and herds. The amounts +allowed <hi rend='italic'>per diem</hi> are the chief items of interest. Sheep +were allowed from one to one and a half <hi rend='italic'>ḲA</hi> a day, lambs +half a <hi rend='italic'>ḲA</hi>, oxen six to eight +<hi rend='italic'>ḲA</hi>.<note place='foot'>E. A. H., 152.</note> In the Code we find +allowances for the keep of animals. There are very frequent +lists in Assyrian times of amounts of corn given to +various animals. These also occur at later times. The +amounts allowed per day are various and by no means +<pb n='302'/><anchor id='Pg302'/> +uniform. A very good example gives as the allowance of +corn for a full-grown sheep two <hi rend='italic'>ḲA per diem</hi>, for a young +sheep, one <hi rend='italic'>ḲA</hi>, for a lamb one-half +<hi rend='italic'>ḲA</hi>.<note place='foot'>Cyr. 250; Nbd. 841.</note> +</p> + +<p> +<note place='margin'>Acknowledgment of advances</note> +Acknowledgments of advances, or loans, occur in the first +epoch. As a rule, we are not told what was the ground of +the loan. The fact that these loans were to be repaid is +not stated, and we may take the tablets to be merely receipts +for things given out to officials who had a right to them. +The substances were corn of different kinds, wine, beer, +sesame-wine, butter, flour and other food-stuffs, wool, and +other supplies. We sometimes learn prices from these +tablets. Thus a <hi rend='italic'>GUR</hi> of corn cost one shekel.<note place='foot'>E. +A. H., 100.</note> +</p> + +<p> +<note place='margin'>Stewards' accounts</note> +Long lists of accounts are very common at all epochs. +They relate what sums or amounts were paid out to various +officials for certain goods or for wages, keep, and the like. +In fact, they are stewards' accounts. Unfortunately, the +way in which most collections have been formed, and even +more the way in which they have since been preserved, +renders it impossible for us to make the use of them which +has often been made of mediæval accounts. Otherwise we +could obtain from them many interesting items. They are, +however, most valuable for prices and names. +</p> + +<p> +<note place='margin'>The earliest mention of iron</note> +Thus, in such lists we find mention of articles which +would otherwise remain unsuspected. The first reference +to iron is in the Ḥammurabi period,<note place='foot'>B<hi rend='vertical-align: +super'>2</hi> 405.</note> whence we learn that +a shekel of silver would buy eight times its weight of iron. +Sometimes we get an important contribution to chronology. +It is well known that there is no certainty as to the order +of the Eponyms after <hi rend='smallcaps'>b.c.</hi> 648, but we know their names for +at least forty years later. Any contribution to the order of +these names would be welcomed with avidity. Thus, one +scribe writes: <q>Income from the Eponymy of Sagab to the +Eponymy of Nabû-shar-aḫêshu, for six years, which was paid +<pb n='303'/><anchor id='Pg303'/> +in as maintenance, eleven talents ... besides twenty-seven +plates of silver.</q> We cannot say whose income it +was, but the previous section dealt with the income of the +crown prince, and this may be only a <hi rend='italic'>résumé</hi> of the last. +But we now know that from Sagab to Nabû-shar-aḫêshu +was six years in all. +</p> + +<p> +Thus, from the most varied and often most unpromising +sources are derived those important details which make it +possible to attain an exact and realistic conception of Babylonian +and Assyrian history and life. +</p> + +</div> + +</div> + +<pb n='307'/><anchor id='Pg307'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>Babylonian And Assyrian Letters</head> + +<div> +<index index='toc'/> +<index index='pdf'/> +<head>I. Letters And Letter-Writing Among The Babylonians +And Assyrians</head> + +<p> +<note place='margin'>External form of the letters</note> +<note place='margin'>Their envelope</note> +The ancient Babylonians early discovered the convenience +of written communication between friends at a distance. +The origin of letter-writing is not yet clear; for, +when we first meet with letters, they are fully developed. +A piece of clay, usually shaped like a miniature pillow, +was inscribed and then enclosed in an envelope made +of a thin sheet of clay. On the envelope was written the +address. As a rule, the letter was baked hard before being +put into its envelope. Powdered clay was inserted to prevent +sticking. The envelope, after being inscribed, was also +baked hard. Of course, the letter could not be read without +breaking the envelope, which was therefore a great protection +to the interior letter. The envelope was naturally +thrown away after being broken. Hence, extremely few +envelopes have been preserved. +</p> + +<p> +<note place='margin'>Their dates</note> +The practice of dating letters does not seem to have been +common. We have dated letters at all epochs, but they are +few. In some cases the date may have been on the envelope. +It is more common for the writer to give the day of +the month, sometimes also the month. But the date of a +letter was probably not then of any great importance. +</p> + +<p> +<note place='margin'>Another method of insuring privacy</note> +Some letters seem to have been covered with coarse cloth, +on which was impressed a lump of clay, to act as a seal and +bind down the edges. The lumps were then sealed with a +<pb n='308'/><anchor id='Pg308'/> +signet-ring, or cylinder-seal. The clay envelopes were also +sealed, before baking, with the sender's seal. So usual was +this habit, that the word for seal, <foreign rend='italic'>unḳu</foreign>, +is often used to denote a sealed letter. Thus when an official acknowledges +the receipt of the king's <q>seal,</q> it means a sealed order or +rescript. +</p> + +<p> +<note place='margin'>Style of the opening address</note> +The early Babylonian letters usually open with the formula, +<q>To A say: Thus saith B.</q> The formula probably goes +back to the times when the message was verbally delivered. +These would be the words used to a messenger who had to +remember the message. The verb <q>saith</q> is not expressed +exactly. The word used is <foreign rend='italic'>umma</foreign>, which is often rendered +<q>saying</q>; it introduces a direct quotation. We might render, +<q>In the name of B.</q> But the written letter replaced +the spoken message. Some think the letter was read by a +professional reader. Such readers are common still, where +education is not widely diffused. It is very clear that the +letter was generally written by a scribe. Thus, all Ḥammurabi's +letters show the same hand, while those of Abêshu +or Ammi-ditana are quite different. In the case of private +letters we have less proof. But it is possible that the king +sometimes wrote with his own hand. Some terms of expression +render that very likely. It is, however, quite impossible +to be certain on such points. +</p> + +<p> +<note place='margin'>Variations of the formula</note> +The same opening formula also appears in the Tell el +Amarna letters. It is not known in Assyrian letters, but +survived in Babylonia to a late period. In Assyria the formula +is nearly the same; with the omission of the <foreign rend='italic'>ḳibi</foreign>, or +<q>say,</q> it reads <q>To A thus B.</q> In addresses to superiors, +B usually adds <q>thy servant.</q> Polite letters generally add +good wishes for the recipient. These are exceedingly varied. +The word <foreign rend='italic'>šulmu</foreign> plays a great part in them. Literally +it denotes <q>peace.</q> <q>Peace be to thee</q> is very common. +But it soon came to mean the <q>greeting of peace.</q> +</p> + +<pb n='309'/><anchor id='Pg309'/> + +<p> +Thus <q>I have sent <foreign rend='italic'>ana šulmika</foreign></q> means <q>I have +sent to wish thee peace,</q> <q>to greet thee.</q> But it also takes the +more general meaning of well-being. Thus <foreign rend='italic'>šulmu iâši</foreign> +means <q>I am well,</q> <q>it is peace with me</q>; not only absence +from war, but health and all prosperity was included. +Hence Joram's inquiry of Jehu, <q>Is it peace, Jehu?</q> means +<q>Is everything all right?</q> <q>Be thou at peace</q> may be +rendered loosely, <q>I hope you are well,</q> in the fullest sense +that <q>all is well with you.</q> No consistent rendering can +be given for such phrases as these. +</p> + +<p> +<note place='margin'>References to a former correspondence</note> +Very often letters quote the previous message of the present +recipient, <foreign rend='italic'>ša tašpuranni</foreign>, <q>what thou didst send me.</q> +But the quotation is often omitted and then this becomes +an awkward rendering. We have to fill up some general +sentence such as, <q>as to what you sent about.</q> A very difficult +sort of construction arises when the writer sets down a +list of questions, which he has been asked, and the answer +to each. As there are no capitals, periods, or question-marks, +there is often some difficulty in separating a question +from its answer. This may be done differently by different +translators, with startlingly different results. +</p> + +<p> +<note place='margin'>Elliptical phrases</note> +Very many sentences are elliptical. Thus, it was common +to add at the end of the letter something like, <q>I leave it to +you to decide.</q> This might be put, <q>As the king, my lord, +sees fit, let him do.</q> But a scribe would often merely +say, <q>As the king sees fit.</q> Such elliptical sentences are +often very difficult to complete. They were obviously +clear to the recipient. To us they leave a wide margin +for conjecture. +</p> + +<p> +<note place='margin'>Inscribed seals on packages</note> +Very early indeed in the history of Babylonia a sort of +postal system had been developed. At any rate, in the time +of Sargon I., <hi rend='smallcaps'>b.c.</hi> 3800, an active exchange of commodities +existed between Agade and Shirpurla. Packages or vessels +of produce or goods were forwarded and with them small +<pb n='310'/><anchor id='Pg310'/> +blocks of clay, impressed with seals and inscribed with the +address of the recipient. These were probably used to prevent +the fastenings of the packages from being untied, and +on their backs may be seen the impressions of the strings +which fastened the packages.<note place='foot'>Heuzey, <hi rend='italic'>Revue +d'Assyriologie</hi>, iv., pp. 1 ff.</note> As it happens, no letters have +yet been published from the era preceding the First Dynasty +of Babylon; but we can hardly doubt that such exist. +</p> + +<p> +<note place='margin'>Letters of the First Dynasty of Babylon</note> +In the time of the First Dynasty of Babylon letters +appear frequently in the collections of tablets brought +to our museums. The volumes of <hi rend='italic'>Cuneiform Texts from +Babylonian Tablets, etc., in the British Museum, published +by order of the Trustees</hi>,<note place='foot'>Vol. II., 1897; Vol. IV., 1898; +Vol. VI., 1898; Vol. VIII., 1899.</note> contain a large number +of letters from copies made by Mr. T. G. Pinches. These +have been made the subject of a study by Dr. Mary +Williams Montgomery.<note place='foot'><hi rend='italic'>Briefe aus der Zeit +des Babylonischen Königs Ḥammurabi</hi>, Leipzig, 1901.</note> +Mr. L. W. King, in his work, +<hi rend='italic'>The Letters and Inscriptions of Ḥammurabi</hi>, published +fifty-five letters of Ḥammurabi to his subordinate officer, +Sin-idinnam, six letters of Samsuiluna, thirteen of +Abêshu', two of Ammiditana, five of Ammizaduga, and +two private letters. These were all transcribed, translated, +annotated, and, with a number of other contemporary +inscriptions, issued with admirable introductions, +glossary, and index.<note place='foot'>Three volumes, 1898-1900, +Luzac, London.</note> Nowhere can a more vivid picture +be obtained of the great empire and the manifold duties of +a Babylonian king. A number of the texts published in +the first volume were translated and commented upon by +Dr. G. Nagel under the title, <hi rend='italic'>Die Briefe Ḥammurabi's an +Sin-idinnam</hi>.<note place='foot'>B. A. S., +iv., p. 434-500.</note> Professor Delitzsch added some valuable +notes. Dr. B. Meissner had already published the text of +four letters as <hi rend='italic'>Altbabylonische Briefe</hi>.<note place='foot'>B. +A. S., ii., pp. 557-64, 573-79.</note> Professor V. Scheil +<pb n='311'/><anchor id='Pg311'/> +gave the text of two letters of this period, found by him at +Sippara, in the <hi rend='italic'>Recueil de Travaux</hi><note place='foot'>XVI., +p. 189.</note> and noticed others, and some more in his <hi rend='italic'>Une +Saison de fouilles a Sippar</hi>.<note place='foot'>Pages 105, 106, 107, +116, 123, 124, 125, 133, 134, 135, 136, 137.</note> These +are preserved at Constantinople, but the text has not yet +been published. They are chiefly private letters and of a +business nature. There are a great many other letters in +American and European museums, the publication of which +should not be longer delayed. +</p> + +<p> +<note place='margin'>Of the subsequent period</note> +For the long period before the Tell el Amarna times, <hi rend='italic'>circa</hi> +<hi rend='smallcaps'>b.c.</hi> 1500, nothing of any extent seems to have been published, +though letters are also known to exist of this period. A late +copy of one such letter, addressed by Adadi-Shumnâṣir, King +of Babylon, to Ashur-narara and Nabû-dâni, kings of Assyria, +about <hi rend='smallcaps'>b.c.</hi> 1250, is partly preserved in the British +Museum.<note place='foot'>Published III. R. 4. No. 5.</note> +</p> + +<p> +<note place='margin'>The Tell el Amarna letters</note> +The Tell el Amarna tablets, some three hundred in number, +were discovered in 1887-88, at the ruins of the palace +of Amenophis IV., in Egypt. They will form the subject +of a separate volume of this series. They consist of the +letters or despatches sent to kings of Egypt by the kings of +Babylon, Assyria, Mitanni, and the subject-rulers of many +Syrian and Palestinian cities and states. From these can +be obtained a very clear view of the state of Syria and Palestine +just before the exodus of the Israelites from Egypt. +Naturally, these letters have formed the subject of a very +large literature. The most complete edition of the texts is +by Winckler, <hi rend='italic'>Der Thontafelfund von el +Amarna</hi>.<note place='foot'>Heft I. of <hi rend='italic'>Mittheilungen aus +den Orientalischen Sammlungen der Königliche +Museen zu Berlin</hi>, Speman, Berlin.</note> With +these should be compared Dr. J. A. Knudtzon's <hi rend='italic'>Ergebnisse +einer Collation der El Amarna Tafeln</hi> and <hi rend='italic'>Weitere Studien +zu den El Amarna Tafeln</hi>.<note place='foot'>B. A. S., iv., pp. 101-54, +279-337, and 410-17.</note> A full transcription with translation +<pb n='312'/><anchor id='Pg312'/> +and glossary to these texts has been given by Winckler, +as <hi rend='italic'>Die Thontafeln von Tell el Amarna</hi>.<note place='foot'>Vol. +V. of Schrader's <hi rend='italic'>Keilinschriftliche Bibliothek</hi>, +Reuther and Reichard, Berlin, 1896.</note> An excellent +English translation by J. P. Metcalf is to be had. There +are a few of these tablets, which found their way into private +hands, or to other museums than London, Berlin, and +Gizeh, whence Winckler's copies were obtained. It is a duty +to science that these should now be published. In the <hi rend='italic'>Bulletin +de l'Institut Français d'Archéologie orientale</hi>, t. II., +published at Cairo, Professor Scheil gives the text of two +more of these important letters. The explorer, Dr. F. Bliss, +found another in the ruins of Lachish. It is included in +Winckler's work above. Professor Sellin has lately found +several tablets, which by their script and personal references +are shown to belong to this period. They were found +at Ta'annek, and are published by Dr. Hronzy in the +<hi rend='italic'>Anzeige der philos. hist. Klasse der Wiener +Akademie</hi>.<note place='foot'>June 17, 1903.</note> +The interest of these additions lies in the fact that they +were found in Palestine itself. +</p> + +<p> +<note place='margin'>Cappadocian letters</note> +The numerous Cappadocian tablets are now generally +recognized by their language and script to belong to this +period. They also show considerable affinity with the documents +of the First Dynasty of Babylon, and the Tell el +Amarna letters preserve many characteristic expressions. +</p> + +<p> +<note place='margin'>Assyrian letters</note> +The subsequent periods in Babylonia are represented by +few letters. It is not until we come down to the end of the +eighth century and the Sargonide times that we meet with +many letters. The archives of Nineveh contained immense +numbers. A great many of these are now in the Kouyunjik +Collections of the British Museum. There they early attracted +attention. Being written by the imperial officials to +the kings of Assyria, they contain most valuable material +<pb n='313'/><anchor id='Pg313'/> +<note place='margin'>Published texts</note> +for history. George Smith in 1871 gave extracts from several +of them in his <hi rend='italic'>History of Ashurbanipal</hi>. A number +were published in Rawlinson's <hi rend='italic'>Cuneiform Inscriptions of +Western Asia</hi>. Mr. S. A. Smith, in the <hi rend='italic'>Proceedings of the +Society of Biblical Archæology</hi>, 1887-89,<note place='foot'>IX., pp. 240-56; +X., pp. 60-72, 155-77, 305-15.</note> and in the second +and third volumes of his <hi rend='italic'>Keilschrifttexte Asurbanipals</hi> gave +some seventy more. Professor Delitzsch also published a +number in his <hi rend='italic'>Zur assyrisch-babylonischen +Briefliteratur</hi>,<note place='foot'>B. A. S., i., pp. 185-248, +613-31; ii., 19-62.</note> +and in his translations and comments laid the real foundation +for their interpretation. In 1892 Professor R. F. Harper +began the colossal task of publishing the text of all the +letters from Nineveh, in his <hi rend='italic'>Assyrian and Babylonian Letters +belonging to the K Collections of the British Museum</hi>, +of which eight volumes are already +published.<note place='foot'><hi rend='italic'>University of Chicago Press</hi>; +Luzac, London.</note> +</p> + +<p> +<note place='margin'>Translations</note> +A considerable number of scholars have busied themselves +with the translation and elucidation of these texts. Professor +C. Johnston in his work, <hi rend='italic'>The Epistolary Literature of +the Assyrians and Babylonians</hi>;<note place='foot'>Baltimore, +1898.</note> C. van Gelderen, <hi rend='italic'>Ausgewählte +babylonisch-assyrische Briefe</hi>;<note place='foot'>B. A. S., +iv., pp. 501-45.</note> A. J. Delattre, <hi rend='italic'>Quelques Lettres +Assyriennes</hi>;<note place='foot'>P. S. B. A., 1901, pp. 331-59.</note> +G. R. Berry, <hi rend='italic'>The Letters of the Rm. 2 Collection</hi>, +in <hi rend='italic'>American Journal of Semitic Literature</hi>, +xi., pp. 174-202; F. Martin, <hi rend='italic'>Lettres assyriennes +et babyloniennes</hi>—besides the many articles by other scholars +on particular words or subjects—have contributed to +the understanding of these difficult texts. Professor R. F. +Harper has published a few preliminary studies on these +texts.<note place='foot'>A. J. S. L., x., pp. 196-201; xiii., pp. 209-12, +xiv., pp. 1-16, 171-82; xv., pp. 129-44.</note> Dr. H. Winckler not only gave several +important texts in his <hi rend='italic'>Texte verschiedenen +Inhalts</hi>,<note place='foot'>Pfeiffer, Leipzig.</note> but translations +<pb n='314'/><anchor id='Pg314'/> +and comments on them in his <hi rend='italic'>Altorientalische +Forschungen</hi>.<note place='foot'>II., pp. 52, 58, 184 f., 302 f.</note> +</p> + +<p> +<note place='margin'>Late Babylonian letters</note> +The letter-texts of the latter Babylonian period at present +published are extremely few. Some may be found in Strassmaier's +great collection of <hi rend='italic'>Babylonische Texte</hi>, among the +contracts. A list of those for the reigns of Nabonidus and +Nebuchadrezzar is given in Dr. K. L. Tallqvist's <hi rend='italic'>Die Sprache +der Contracte Nabû-nâ'ids</hi>, p. xviii. +</p> + +<p> +<note place='margin'>Historical value of the letters</note> +One of the uses to which the letters may be put is to illustrate +the history of the time. From the letters of Ḥammurabi +we can gather a great deal of information as to the +civil policy of the reign. From the Tell el Amarna tablets +we may reconstruct almost a complete survey of the condition +of politics in Palestine. From the Assyrian letters we +can rewrite the history of affairs in Armenia at the end of +Sargon's reign, or the wars with Elam in Ashurbânipal's +time. +</p> + +<p> +<note place='margin'>General value</note> +The letters are also a rich mine of information on all sorts +of topics, and those very often on which almost all other +literatures are silent. We gain here a closer and more intimate +acquaintance with humanity than at any other period +of ancient history. We must not expect finality in our translations +for a long while to come. Fresh documents will continually +be found or published that will help us to revise +our views. But that is the perennial interest of the letters. +We may read and reread them, always finding something +fresh to combine with every new piece of information. +</p> + +<p> +<note place='margin'>Methods of classification</note> +Several different methods of classifying the letters suggest +themselves. One plan would be to group those letters +which illustrate some phase of civil life. Thus we may collect +the references to medical cases, or the illustrations of +religious life, or the contributions to astronomy and astrology. +But none of these methods will be exhaustive or generally +<pb n='315'/><anchor id='Pg315'/> +applicable. A letter rarely deals with only one subject. +The only scientific classification seems to be that +adopted by Professor Harper in his edition of the Nineveh +letters, or Mr. King in his letters of Ḥammurabi. This is +to place together all the letters written by one scribe. Here +we have two difficulties. There may be more than one +scribe of the same name. Thus it is practically certain that +in Professor Harper's groups of letters apparently assigned +to one man, more than one person is often really involved. +Again, a very large number of letters no longer preserve the +name of their scribe. Only a prolonged study can reduce +these difficulties; it is not likely that we shall ever quite +eliminate error. +</p> + +<p> +<note place='margin'>Royal letters</note> +There is one large group that has a claim to separate consideration. +Many letters are written by, or to, a king. They +are on various subjects. A subdivision might be made of +reports sent by officials concerning public affairs. But even +these often contain side-references; and at the last we have +really to consider each letter as a separate document. +</p> + +</div> + +<pb n='316'/><anchor id='Pg316'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf' level1='II. The Letters Of Hammurabi'/> +<head>II. The Letters Of Ḥammurabi</head> + +<p> +<note place='margin'>Great historical value of this collection</note> +The letters of Ḥammurabi are by far the most important +collection of letters hitherto published for the period of the +First Dynasty of Babylon. They had a certain adventitious +value at one time, because one of them was thought to contain +the name of Chedorlaomer, and this association with +Ḥammurabi, as Amraphel, was exploited in the interests of +a defence of the historical value of Genesis xiv. Mr. L. W. +King's edition of the letters, however, showed that such a +use was unwarranted. But it served a much more useful +end, giving us a very full picture of the times of the founder +of the First Babylonian Empire. The excellent account +given by Mr. King of the contents of these letters is fairly +exhaustive. The importance of such sources for history +cannot be overestimated. They are contemporary. They +are not written to impress posterity, but with absolute +fidelity to fact. We may disbelieve some of the excuses +made for misconduct, but in the references to current events +or general customs we have a sure witness, if only we can +understand them. This is often difficult because a letter +presupposes relations between the correspondents which we +must conjecture. +</p> + +<p> +<note place='margin'>The letters to Sin-iddinam</note> +Since Mr. King's introduction to his first volume gives a +full account of the few letters previously published, this +need not be reproduced here. Of Ḥammurabi's letters fifty-three +are addressed to one and the same man, Sin-iddinam. +<pb n='317'/><anchor id='Pg317'/> +It is doubtful whether he was the King of Larsa who bore +this name, or the official who in the next reign seems to be +Governor of Sippara. There are many persons who bore +this name known at this period. However, several mentions +of the temple of Shamash at Larsa occur in these letters and +there is a certain presumption that Sin-iddinam of Larsa was +the person intended. +</p> + +<p> +<note place='margin'>Ḥammurabi as an administrator</note> +Ḥammurabi's ability as an administrator, which these +letters reveal, and his care even for small details of his rule, +may well be the reason why his empire proved so stable. +He established a tradition which was long followed by his +successors. He organized his land, appointed governors, +and held them responsible to himself. He had a direct interest +in their doings and sent minute written instructions, +demanding reports, summoning defaulters to his presence, +or directing their punishment where they were. The dates +for his reign, as for others of the dynasty, show, not only +raids and conquests, but chiefly public works of utility. +The construction or repair of canals, public buildings, +temples, the ordering of justice, are works that repaid +his care. +</p> + +<p> +<note place='margin'>His care for the revenues of the temples</note> +Ḥammurabi was a man of many business enterprises. +The collection of the temple revenues was an object of +his attention. There is no evidence that these were available +for his use, but he had a personal interest in all that +was right and just. To him the herdsmen and shepherds +of the temple flocks and herds had to report. He often +appears as restoring, rebuilding, or adorning shrines, and he +was careful of his religious duties. Thus he postponed a case +because of a festival at Ur, which he seems to have found +demanded the presence of one of the parties. +</p> + +<p> +<note place='margin'>The ordering of the calendar</note> +He had to settle important questions concerning the +calendar; whether or not reports of astronomical observations +were then received is not clear, but at any rate the +<pb n='318'/><anchor id='Pg318'/> +king decided when the intercalary months should be inserted. +Thus he told Sin-iddinam there was to be a +second Elul. +</p> + +<p> +<note place='margin'>His supervision of justice</note> +The administration of justice was also no small part of +his work. Not only did he promulgate a code, but he also +superintended its execution. There was a right of appeal +to his judgment. He actively supervised his judges in the +provinces. Thus a case of bribery was reported from Dûr-gurgurri +and he instructed Sin-iddinam to investigate the +case and send the guilty parties to Babylon for punishment. +He upheld a merchant's claim against a city governor, for +the recovery of a loan. He protected the landowners +against money-lenders. He examined claims to land and +sent instructions to Sin-iddinam to carry out his decision. +Thefts of corn, loans withheld, rents, were adjudicated by +him. He summoned not only the parties, but the witnesses, +to Babylon. Prisoners were sent under escort, and arrests +ordered. +</p> + +<p> +<note place='margin'>His private property</note> +The king's own herds and flocks were a personal care to +him. They were stationed in various parts of the country. +He received reports about them, or sent inspectors to report +upon them. On one occasion he summoned forty-seven +shepherds to come and report to him in Babylon. He ordered +additional shearers to assist those already at work. +He regulated supplies of wood, dates, seed, and corn. These +were often sent by ship, and there is evidence of a large +number of ships being employed, of varied capacities. +</p> + +<p> +<note place='margin'>His building enterprises</note> +Public buildings demanded large gangs of workmen. +They were drawn from the slave and serf population. A +great many letters are concerned with the supply and movements +of these laborers. Whether forced labor was inflicted +as a punishment may be doubted. But the <foreign rend='italic'>corvée</foreign> was in +full operation. The hire of laborers is referred to, and it is +probable that the forced laborers were fed and clothed at +<pb n='319'/><anchor id='Pg319'/> +the expense of the state. Thus we see that Ḥammurabi +was a busy man and worked hard to build up his empire. +His successors, though we have fewer of their letters, seem +to have been fully as active. +</p> + +<p> +<note place='margin'>The return of the goddesses of Emutbal to their homes</note> +It is not easy to select specimens for this period. Each +letter has an interest of its own, and it is tempting to include +most of them. But we may take the two letters referring +to the goddesses of Emutbal, because one of them +by a series of misreadings and misunderstandings was made +to contain the famous reference to Chedorlaomer. The +first<note place='foot'>K. L. Ḥ., No. 34.</note> may be rendered. +</p> + +<quote rend='display'> +To Sin-iddinam say, thus saith Ḥammurabi: Now I am sending +Zikir-ilishu, the <hi rend='italic'>AB-AB-UL</hi>, and Ḥammurabi-banî, the +<hi rend='italic'>DU-GAB</hi>, to +bring the goddesses of Emutbal. Do thou forthwith embark the +goddesses in a procession-boat (state barge) and let them come to +Babylon. Let the hierodules come with them. For the sustenance +of the goddesses embark food, drink, sheep, ship's furniture, and +travelling expenses for the hierodules, until they reach Babylon. +Appoint men to draw the ropes, and <foreign rend='italic'>biḫru</foreign> +men, that the goddesses +may come safely to Babylon. Let them not delay but come quickly +to Babylon. +</quote> + +<p> +<note place='margin'>The date of their capture</note> +These goddesses were very likely captured during an expedition +to Emutbal which was a border province of Elam. +It is natural to associate this with the thirty-first year of +Ḥammurabi, for which the full date is: +</p> + +<quote rend='display'> +<q>The year of Ḥammurabi, the king, in which by the help of Anu +and Bêl he established his good fortune, and his hand cast to the +earth the land of Iamutbal and Rim-Sin, the king.</q><note place='foot'>K. +L. Ḥ., iii., p. 237.</note> +</quote> + +<p> +The transport of the goddesses was made possible by the +system of canals. Intercommunication was in an excellent +state, for Ḥammurabi ordered a man to be sent to Babylon +from Larsa, and allowed him two days, travelling day and +night. The hierodules are the female attendants of the goddesses. +<pb n='320'/><anchor id='Pg320'/> +The officers whom Ḥammurabi sent bear titles not +yet clearly recognized. The name Ḥammurabi-banî points +to a deification of the king. Whether the goddesses reached +Babylon and there brought misfortune on the country and +so were sent back again, or whether their restoration to their +shrines in Emutbal was part of the king's policy for a pacification +of the conquered country, does not appear. But we read in another +letter:<note place='foot'>K. L. Ḥ., No. 45.</note> +</p> + +<quote rend='display'> +<q>To Sin-iddinam say, thus saith Ḥammurabi: The goddesses of +Emutbal, which are in thy command, the troops of Inuḫsamar shall +bring safely to thee. When they shall reach thee, combine the +troops with those in thy hands and restore the goddesses to their +shrines.</q> +</quote> + +<p> +The construction of the passage seems to imply that the +goddesses had protected Inuḫ-samar. The latter was in +command of troops that were within Sin-iddinam's jurisdiction; +for when Sin-mâgir complained to Ḥammurabi that +Inuḫ-samar had impressed some of his servants for military +service contrary to a bond given him by the king, +Ḥammurabi referred the matter to Sin-iddinam, ordering +the servant to be given up.<note place='foot'>K. L. Ḥ., No. +26.</note> It was this name Inuḫ-samar +that Scheil misread as Kudur-nûḫ-gamar. +</p> + +<p> +<note place='margin'>The care of the canals</note> +A number of letters concern the canals of the country. +Thus we read:<note place='foot'>K. L. Ḥ., No. 71.</note> +</p> + +<quote rend='display'> +<q>To Sin-iddinam say, thus saith Ḥammurabi: Summon the people +who hold fields on the side of the Damanu canal, that they may +scour the Damanu canal. Within this present month let them finish +scouring the Damanu canal.</q> +</quote> + +<p> +Here we are introduced to the duty which lay upon riparians +to keep the canals running alongside their land in order. +This was part of the <foreign rend='italic'>ilku</foreign>, or customary obligation. It +lay with the governor to enforce it. In another letter<note place='foot'>K. +L. Ḥ., No. 5.</note> the +<pb n='321'/><anchor id='Pg321'/> +king complains that a canal which had been partly cleared +had not been cleared as far as Erech, and so the boats could +not enter that city. Here Sin-iddinam was ordered to do +the work with the men at his disposal and complete it in +three days. After that he was to go on with the work he +had already been ordered to do. In another fragmentary +letter the king orders the clearing away of the water-plants +which had obstructed the course of the Euphrates between +Ur and Larsa. One is reminded of the <foreign rend='italic'>sudd</foreign> on the +Nile.<note place='foot'>K. L. Ḥ., No. 4.</note> +</p> + +<p> +<note place='margin'>A case of bribery</note> +The case of bribery is referred to in a way that leaves it +rather doubtful whether a theft may not be meant. The +meaning of the word rendered <q>bribe</q> by King is unknown, +and his identification of <foreign rend='italic'>tâtu</foreign> +with <foreign rend='italic'>da'tu</foreign> is not certain. But +at any rate the wrong was brought under the cognizance of +Ḥammurabi, and he writes:<note place='foot'>K. L. Ḥ., No. 11.</note> +</p> + +<quote rend='display'> +To Sin-iddinam say, thus saith Ḥammurabi: Shumma-ilu-lâ-ilu +saith thus, so saith he, <q>In Dûr-gurgurri bribery has taken place. +The people who took the bribe and the witnesses who know the affair +are here.</q> Thus he saith. Now I will send this same Shumma-ilu-lâ-ilu, +a <hi rend='italic'>DU-GAB</hi> and a ... to thee. When this letter is seen +inquire into the matter. If there is bribery, take the money, or what +was given as a bribe, seal it up and send to my presence. The people +that received the bribe, and the witnesses who know the case, +whom Shumma-ilu-lâ-ilu will disclose, send to me. +</quote> + +<p> +<note place='margin'>A case of oppression redressed</note> +A case of oppression by a governor is complained of, and +redressed by the king. He writes:<note place='foot'>K. L. Ḥ., No. 6.</note> +</p> + +<quote rend='display'> +To Sin-iddinam say, thus saith Ḥammurabi: Lalu, the +<foreign rend='italic'>kadurru</foreign>, +hath informed me thus, saith he, <q>Ani-ellati, the governor +<foreign rend='italic'>rabiânu</foreign>, +has laid claim to [alienated] the field which I have held since ... and +[taken] the corn of the field.</q> Thus he hath informed me. The tablet +can be seen in the palace. Lalu holds two <hi rend='italic'>GAN</hi> of land. Why has +Ani-ellati, the governor, laid claim to Lalu's field? Inquire into the +matter. If Ani-ellati has lent on mortgage to Lalu, the +<foreign rend='italic'>kadurru</foreign>, grant +him his debt and lay the blame on Ani-ellati, who lent on pledge. +</quote> + +<pb n='322'/><anchor id='Pg322'/> + +<p> +It is clear that Lalu was one of those privileged officials +who held lands by royal charter, and who could not be dispossessed +of their land. The Code directs<note place='foot'>§ 34.</note> that a governor +shall not lend on mortgage to a reeve or runner or tributary, +under pain of death. Although a <foreign rend='italic'>kadurru</foreign> is not there +named, this letter makes it probable he was similarly protected. +It is interesting to notice where the record was to +be found. The palace, or <q>great house,</q> was the residence +of the governor. The tablet probably recorded the appointment +of Lalu to his benefice; it therefore was his title-deed. +An interesting question may be raised here. Did Ḥammurabi +mean in his own palace? It may be so, for he writes +in another letter:<note place='foot'>K. L. Ḥ., No. 76.</note> +</p> + +<note place='margin'>The depository for deeds</note> +<quote rend='display'> +To Sin-iddinam say, thus saith Ḥammurabi: One <hi rend='italic'>GAN</hi> of water-meadow, +a field in the district of Dûr-gurgurri is an old possession +of Ea-lubanî. In a tablet it is inscribed as his. Give the field +to Ea-lubanî. +</quote> + +<p> +Now how could Ḥammurabi know this unless the tablet +had been shown to him? Perhaps the claimant brought +his tablet with him when he came to lay his plea before +the king. That is quite possible, but it may well be +that the king insisted that all title-deeds be deposited in +the capital. +</p> + +<p> +<note place='margin'>Restitutions ordered</note> +An order for the restoration of stolen corn appears in +another letter:<note place='foot'>K. L. Ḥ., No. 12.</note> +</p> + +<quote rend='display'> +To Sin-iddinam say, thus saith Ḥammurabi: Ṭummumu of Nippur +hath informed me thus, saith he, <q>I deposited seventy +<hi rend='italic'>GUR</hi> +of corn in a granary in Unabu and Amêl-ili has opened the +granary and taken the corn.</q> Thus he hath informed me. Now +I will send Ṭummumu himself to thee. Send and let them +bring Amêlili to thee. See what they have to say. The corn +belonging to Ṭummumu which Amêl-ili took let him return to +Ṭummumu. +</quote> + +<pb n='323'/><anchor id='Pg323'/> + +<p> +Another letter reads thus:<note place='foot'>K. L. Ḥ., No. 24.</note> +</p> + +<quote rend='display'> +To Sin-iddinam say, thus saith Ḥammurabi: Ilushu-iḳîsh, the +merchant, over five, has informed me thus, saith he, <q>Thirty +<hi rend='italic'>GUR</hi> of corn I gave to Sin-mâgir, the +<foreign rend='italic'>Šakkanak</foreign>, and I took his receipt. +I have asked for it for three years and he has not given back the +corn.</q> Thus hath he informed me. I have seen his receipt. Cause +Sin-mâgir to give up the corn and its interest and give it to +Ilu-shu-iḳîsh. +</quote> + +<p> +The title <q>over five</q> seems to be meant literally. He +was a superior merchant. Like many another hint, this +speaks for the strict organization of each class of the community. +The <foreign rend='italic'>Šakkanak</foreign> was usually the superior official, +<q>governor,</q> of a city, or of a ward of a city. We are not +told what was Sin-mâgir's district. But it was under Sin-iddinam's +rule. In other letters we read of a Sin-mâgir being +sent to Babylon.<note place='foot'>K. L. Ḥ., Nos. 13, 41.</note> +Perhaps he refused to give up the corn. +</p> + +<p> +Another letter illustrates the incidence of taxes and the +relations of landlord and tenant:<note place='foot'>K. L. Ḥ., No. 28.</note> +</p> + +<note place='margin'>About taxes</note> +<quote rend='display'> +To Sin-iddinam say, thus saith Ḥammurabi: As to what I sent +to thee about the corn that is the tax on the field of Ibni-Martu, +which is in the hands of Etil-bi-Marduk, to be given to Ibni-Martu; +thou didst say, <q>Etil-bi-Marduk hath said thus, saith he, <q>I have +cultivated another field together with the field of Ibni-Martu, and +the corn is all garnered in one place, let them declare on oath before +God how much corn was from the field of Ibni-Martu and let them +take the tax.</q> Thus he said. But Ibni-Martu did not agree. Saith +he, <q>Without Ibni-Martu one can do nothing.</q> Thus he said, and +went away.</q> As to what thou didst send, <q>the corn, as much as +was in his field, should be declared before God and the tax given +him.</q> As thou didst send, let them declare before God how much +corn was in the field of Ibni-Martu, and pay Ibni-Martu the corn +that is the tax on his field. +</quote> + +<p> +The case is not quite clear, but Ibni-Martu owed a tax +on his field. He had either mortgaged or let his field to +<pb n='324'/><anchor id='Pg324'/> +another. This tenant had not given him the corn to pay +the tax and excused himself on the ground that the produce +of the field was now mixed up with that of another +field. Hence he could not say how much the tax should +be; clearly it was proportionate to the yield. The method +of solving the difficulty was that a sworn estimate had to +be taken from competent witnesses and the tax levied on +that basis. This course was recommended by Sin-iddinam +in a previous report on the situation. The amount was to +be given to the landlord, who then had to pay the tax. He +clearly had no rent in corn from the land; but he could not +sell or mortgage his crop except subject to the tax. The +mortgagee was liable for the tax and the owner was bound +to pay. The mortgagee must furnish him the means to +do so; he had no right to claim the part of the crop due as +tax, whatever bargain he had made with the owner of the +land. +</p> + +<p> +<note place='margin'>Commerce under strict control by the State</note> +<note place='margin'>The collection of taxes</note> +While agriculture was in the hands of free men who +only paid on produce, there are indications that commerce +was very strictly controlled by the State. The merchant +was the only money-lender as a rule. He also seems to +have acted as contractor, or farmer of taxes. The merchant, +or factor, was under the king's protection and also directly +responsible to him. Hence some have regarded him as a +royal official. But this is hardly correct. He was to Ḥammurabi +what the Jew of the Middle Ages was to the king +then, or the Stock Exchange or Bourse is now. Probably +we should not be far wrong in applying to him the term +<q>publican,</q> in the New Testament sense. He owed a certain +amount to the treasury, which he recouped from the +taxes due from the district for which he contracted. If he +did not secure enough, he had to make up the deficit. The +following letter<note place='foot'>K. L. Ḥ., No. 33.</note> +deals with what was probably common, +<pb n='325'/><anchor id='Pg325'/> +namely, an evident reluctance on the part of such officials to +settle accounts: +</p> + +<quote rend='display'> +To Sin-iddinam say, thus Ḥammurabi: Concerning the chief collector, +Shêp-Sin, I wrote to thee, saying, <q>send him with one thousand +eight hundred <hi rend='italic'>GUR</hi> of sesame and nineteen minas of silver, due from +him, as well as Sin-mushtal, the chief collector, with eighteen hundred +<hi rend='italic'>GUR</hi> of sesame and seven minas of silver, due from him, send them to +Babylon, and send with them the market rates (?)...</q> But thou +didst say that these chief collectors had said, <q>Just now is harvest-time, +after harvest we will go.</q> Thus they said, and thou didst tell +me. Now the harvest is over. On receipt of this tablet, when I +have sent to thee, send Shêp-Sin, the chief collector, with one thousand +eight hundred <hi rend='italic'>GUR</hi> of sesame and nineteen minas of silver, +his due, and Sin-mushtal, the chief collector, with one thousand +eight hundred <hi rend='italic'>GUR</hi> of sesame and seven minas of silver, his due, to +Babylon; and with them thy trustworthy guard, and with all their +property let them come and appear before me. +</quote> + +<p> +The title which I have rendered <q>chief collector</q> may +be read <q>scribe of the merchants.</q> The sign <hi rend='italic'>PA</hi>, read +<foreign rend='italic'>aklu,</foreign> does in some of its connections mean +<q>scribe,</q> as <foreign rend='italic'>tamkaru</foreign> +does mean <q>merchant.</q> But the sign often denotes merely +an overseer. Hence we may take it that this was the derived +meaning. The reason may well be that over a group +of shepherds or merchants, one was always set who could +keep accounts. Hence the term <foreign rend='italic'>aklu</foreign>, properly a +<q>scribe,</q> came to be an <q>overseer.</q> Such a high official as the +<hi rend='italic'>PA Martu</hi> would be the Superintendent of Martu. The person +referred to in this letter, Shêp-Sin, occurs also in two other +letters of Ḥammurabi.<note place='foot'>K. L. Ḥ., Nos. 16, 30.</note> +In one, Sin-iddinam is told to send +him to Babylon with money; in the other, he complains of +not being able to collect money due to a temple, and having +to make up the deficit himself. +</p> + +<p> +<note place='margin'>Illegal impressment for public service</note> +The officials who were under obligation to furnish men for +public work and the army, doubtless often found a difficulty +<pb n='326'/><anchor id='Pg326'/> +in making up their quota, and impressed men who were not +strictly liable for duty. Such men as those called <hi rend='italic'>KA-DUR</hi>, +<hi rend='italic'>KAPAR</hi>, <hi rend='italic'>MU</hi>, <hi rend='italic'>PATESI</hi>, +are named on the letters as +exempt from the service. But even this is not conclusive. +They are not exempted because they are of these ranks, but +because they have been wrongly assigned to the service. +Their masters may have been exempt from the liability to +furnish a man; or already engaged in royal service. Slaves +and poor men were subject, as we know from the Code. +Here is one of the letters on the question:<note place='foot'>K. L. Ḥ., No. 3.</note> +</p> + +<quote rend='display'> +To Sin-iddinam say, thus saith Ḥammurabi: Naram-Sin, the +shepherd, hath said thus, saith he, <q>The herdsmen in my hands +have been put in the <foreign rend='italic'>corvée</foreign>.</q> Thus he said. The +herdsmen which are the property of Apil-Shamash and Naram-Sin shall not be put +in the <foreign rend='italic'>corvée</foreign>. Now summon Etil-bi-Marduk and the +officials and order them to return the herdsmen of Apil-Shamash and Naram-Sin, +whom they have taken. +</quote> + +<p> +Here the <hi rend='italic'>KABAR</hi>, or herdsmen, are the employees of the +shepherd, his <q>sheep-boys.</q> Their absence would be a +danger to the flocks. The delinquent Etil-bi-Marduk was +often in fault. Several other complaints against him appear +in the letters, in his capacity of money-lender.<note place='foot'>K. L. Ḥ., +Nos. 18, 30, 73.</note> On +two occasions he was sent for by the king, evidently with +a view to punishment. Further, a <foreign rend='italic'>patêsi</foreign> in his service +appealed to be transferred to another master.<note place='foot'>K. L. Ḥ., No. 38.</note> +</p> + +</div> + +<pb n='327'/><anchor id='Pg327'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>III. The Letters Of Samsu-Iluna And His Immediate Successors</head> + +<p> +<note place='margin'>Few in number</note> +The discovered letters of Samsu-iluna are as yet comparatively +few. They are not all addressed to one man. +We may take one or two specimens. +</p> + +<p> +<note place='margin'>About change of air for a goddess</note> +Like his father Ḥammurabi, Samsu-iluna cared for the +health of the goddesses, providing them with an occasional +change of scene. This time it is the goddess Anunitum, +who makes a journey:<note place='foot'>K. L. Ḥ., No. 81.</note> +</p> + +<quote rend='display'> +To Haiab ... say, thus saith Samsu-iluna: Concerning +Anunitum's going to Sippar-edina, I have sent an officer. Forthwith +let Anunitum go to Sippar-edina. +</quote> + +<p> +The name of the official to whom the letter is sent is +broken and it could be completed in several different ways. +Sippar-edina was one quarter of Sippara. +</p> + +<p> +<note place='margin'>Temple dues</note> +The following letter is concerned with the supply of +corn for the Shamash temple at Larsa. It is addressed to +three officials:<note place='foot'>K. L. Ḥ., No. 49.</note> +</p> + +<quote rend='display'> +To Sin-ilu, Bîtu-rabi, and Nîḳ-Sin say, thus saith Samsu-iluna: +The corn for the treasure-house of the temple of Shamash of Larsa, +the property of Igmil-Sin which ye deliver, verily ye shall deliver. +Forthwith, from the corn that is in your hands, give corn for the +supply of food for the treasure-house of the temple of Shamash; +what is now standing due make up. +</quote> + +<p> +The <q>treasure-house</q> may be only a <q>store-house</q> in +general. Instead of <q>make up,</q> we may render <q>buy.</q> +</p> + +<pb n='328'/><anchor id='Pg328'/> + +<p> +<note place='margin'>Fishing rights</note> +Samsu-iluna looked into the details of his government +quite as closely as his father. We see him regulating +fishing rights:<note place='foot'>K. L. Ḥ., No. 80.</note> +</p> + +<quote rend='display'> +To Sin-iddinam, Kâr-Sippar, and the judges of Sippara, say, thus +saith Samsu-iluna: They tell me that the ships of the fishermen +go down to the districts of Rabî and Shamkâni and catch fish. I +am sending an official of the palace-gate; when he shall reach thee +[summon] the ships of the fishermen (who have been catching +fish) in the districts of Rabî and Shamkâni, and let it not occur +again that the ships of the fishermen go down to the districts of +Rabî and Shamkâni. +</quote> + +<p> +Clearly each district owned its own fishing rights, as it +was responsible for the repairs of the banks and scouring +the beds of the water-ways in it. It is far from unlikely +that Kâr-Sippar denotes some ruling body in Sippara, for +in the contracts we find that cases were brought before the +Kâr-Sippar. As they are associated with the judges of +Sippara, they may be the town elders. Sin-iddinam here +is hardly the official of Larsa to whom Ḥammurabi usually +wrote, though he might have been promoted to Sippara in +the meantime. +</p> + +<p> +<note place='margin'>Business details</note> +Two other letters were addressed to him by Samsu-iluna,<note place='foot'>K. L. Ḥ., +Nos. 79, 104.</note> +one about corn due from certain persons, the other about +a contingent of men sent to strengthen the walls of Sippar-Amnanu. +In another letter, the king summons to Babylon, +Sin-iddinam, Ibni-Marduk, the Kâr-Sippar, and the judges +of Sippara, but the letter<note place='foot'>K. L. Ḥ., No. 105.</note> +is too defaced for us to determine +the reason. It was to be <q>at seed-time.</q> +</p> + +<p> +<note place='margin'>Letters of Abêshu'</note> +The letters of Abêshu' are somewhat more numerous. +Mr. King published thirteen. They are all more or less +defective, and add nothing to our knowledge beyond the +fact that the same policy of centralization went on. +</p> + +<p> +<note place='margin'>Of Ammi-ditana</note> +The letters of Ammi-ditana, two in number, are more +<pb n='329'/><anchor id='Pg329'/> +interesting. One deals with the supply of corn for men at +work on the citadel of Shagga, a town probably near Sippara. +The king orders the authorities of Sippara to make +up and send on the supply, and adds that the soothsayers +were to be consulted as to favorable auspices for sending +the corn.<note place='foot'>K. L. Ḥ., No. 56.</note> +The other deals, as do three letters of Abêshu', +with tribute due in wool from Sippar-iaḫruru. The report +from the superintendent of this source of revenue in each +case is that the tribute is over-due and the king sends a +peremptory order for it to be sent forthwith to Babylon. +</p> + +<p> +<note place='margin'>Of Ammi-zadûga</note> +Ammi-zadûga's letters, five in number, all happen to be +concerned with the annual sheep-shearing at Babylon. +They differ slightly, in the person addressed, and the date +assigned for the shearing. Thus one<note place='foot'>K. L. Ḥ., No. 50.</note> reads: +</p> + +<quote rend='display'> +To Ibni-Sin, son of Marduk-nâṣir, say, thus saith Ammi-zadûga: +A sheep-shearing will take place in the House of the New Year's +Festival. On receipt of this note, take the sheep ... and +the sheep which are sealed, which thou shall set in motion, and come +to Babylon. Delay not, reach Babylon on the first of Adar. +</quote> + +<p> +<note place='margin'>Of Sin-iddinam</note> +The one letter written by Sin-iddinam<note place='foot'>K. L. Ḥ., No. 47.</note> +is addressed to the <foreign rend='italic'>rabiânu</foreign> of Katalla, +ordering him to send the plaintiff in a +suit to him. Very interesting is a letter from Tabbi-Wadi +and Mâr-Shamash to Aḫâti, the wife of Sin-iddinam,<note place='foot'>K. +L. Ḥ., No. 48.</note> asking +her to intercede for them with Sin-iddinam. He had himself +referred them to her, perhaps because their offence +immediately concerned her. They say that they are ill +acquainted with the ways of the court. From several +unusual forms of expression it may be concluded that they +were strangers who had settled in Babylonia. They do +not state either their offence or the grounds on which they +would be excused, but ask for an interview, that they may +remove Aḫâti's resentment against them. +</p> + +<pb n='330'/><anchor id='Pg330'/> + +<p> +<note place='margin'>Periphrasis for <q>king</q></note> +Some letters are addressed to <q>the man whom may Marduk +make to flourish.</q><note place='foot'><foreign rend='italic'>Ana +Amélim-šha-Marduk-ubalaṭušhu.</foreign></note> Some have taken this as a proper +name. But that seems very unlikely. Others regard it as +a sort of polite address to a superior. Winckler<note place='foot'>A. O. F., +ii., 312.</note> suggested +that it was an address to the king. The Code has made it +clear that the <foreign rend='italic'>amêlu</foreign> was the <q>gentleman,</q> +or <q>noble,</q> who +lived in a <q>palace,</q> or <q>great house.</q> Hence, these letters +may be addressed to any great official. But many turns of +expression support the view that the king is really meant; +he was thus the <q>First Gentleman</q> of Babylonia. It was +not till Ḥammurabi that the title <q>king</q> was generally +given. Perhaps the old nobles were slow to admit a king +over them. +</p> + +<p> +<note place='margin'>Freeing of runaway slaves</note> +As an example we may take:<note place='foot'>V. A., +Th. 793; B. A. S., ii., p. 563.</note> +</p> + +<quote rend='display'> +To <q>the man whom may Marduk make to flourish</q> say, thus saith +Ashtamar-Adadi: May Shamash and Marduk ever make thee flourish. +The gardeners, inhabitants of Sippara, have spoken concerning their +servants who fled and have been recaptured. Therefore I have sent +a note thus to thee, I sent those men to thee. Accept their petition +(?) and may they be acceptable to thee before Shamash. Grant +their entreaty and set them free. If they come not to Babylon, do +this in my name. +</quote> + +<p> +It is probable that recaptured runaway slaves, who +would not name their owners, were forfeit to the State. +The king is the only one who would have power to release +such slaves. It is clear that the recipient of the letter was +at Babylon. +</p> + +</div> + +<pb n='331'/><anchor id='Pg331'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>IV. Private Letters Of The First Dynasty Of Babylon</head> + +<p> +<note place='margin'>Many details uncertain</note> +In these cases, as a rule, we know neither the sender nor +receiver, beyond their names, and what we can gather from +the letter itself. Hence a great deal must always remain +uncertain. Here is a letter which comes from a prisoner, +who says he is nearly starved and does not know why he +was imprisoned:<note place='foot'>B. 290 ff.</note> +</p> + +<note place='margin'>A prisoner's plea to his master for deliverance</note> +<quote rend='display'> +To my lord say, thus saith Bêlshunu, thy servant: From the time +that I was shut up in the house of the <foreign rend='italic'>abarakku</foreign>, +thou, my lord, hast kept me alive. What is the reason that my lord has neglected me +for five months? The house where I am imprisoned is a starvation-house. +Now have I made the jailer carry a letter to my lord. When +thou, my lord, shalt make an end of my misery, send, and the imprisonment, +since it has been ended by thee, I will cause to conduce to +thy blessing (I will even thank thee for). I am ill ... ten <hi rend='italic'>ḲA</hi> +of <hi rend='italic'>SU-DA</hi>, thirty-one <hi rend='italic'>ḲA ZAG-ḤI-LI</hi> ... +two <hi rend='italic'>ḲA SAR-SAR EL-SAR</hi> +send me that I die not; and clothing send me that I may cover my nakedness. +A <foreign rend='italic'>ḫubidu</foreign> has come upon me on account of thee, my +lord. Either half a shekel of silver, or two minas of wool, send to me, +for my service, let him bring it. Let not the jailer be sent away +empty-handed. If he comes empty-handed, the dogs may eat me. +As thou, my lord, and the people of Sippara and Babylon, all of them +know, I am imprisoned, not for robbery, nor was I caught at burglary. +Thou, my lord, didst send me with oil across the river, but the Sutû +fell upon me and I was imprisoned. Speak a friendly word to the +servants of the king's <foreign rend='italic'>abarakku</foreign>. +Send, that I die not in the house +<pb n='332'/><anchor id='Pg332'/> +of misery. Send a <hi rend='italic'>ḲA</hi> of oil and five <hi rend='italic'>ḲA</hi> +of salt. That which thou didst lately send no one gave me. Whatsoever thou sendest, send +it fastened up (?). +</quote> + +<p> +There are many obscurities about this letter. Some are +caused by the difficulty of reading the defaced characters. +Some by the fact that the signs, printed here in capitals, are +ideograms whose meaning is not yet clear. The prisoner, if +his plea is true, was sent on an errand for his master, apparently +to trade for him. He was either robbed by the nomad +Sutû, or compelled to give up his oil to them. Why this +led to imprisonment is not clear, unless it was regarded as +furnishing supplies to the enemy. But though his master +did not get him out of prison, it seems that he had sent him +supplies from time to time. The word rendered <q>jailer</q> is +perhaps a name, Mâr-abulli, <q>son of the gate.</q> But it may +be a title used as a name, <q>Mr. Jailer.</q> The prisoner thinks +that it is in the power of his master to put an end to his +imprisonment and promises to be grateful. But he does not +seem sure whether his master can do this. He asks, however, +for further supplies, if he is to live. Let us hope he +was released or at least fed. We may perhaps conclude +that imprisonment was the punishment due for robbery and +burglary. +</p> + +<p> +<note place='margin'>A father reminded of a broken promise</note> +Here is a letter reminding a father of a broken +promise:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 212.</note> +</p> + +<quote rend='display'> +To my father say, thus saith Elmeshu: Shamash and Marduk fill +with well-being the days of my father perpetually. My father, be thou +well, flourish; the God that preserves my father direct my father's +source of grace. I have sent to greet my father. May my father's +peace endure before Shamash and Marduk. From the time that Sin +Amurrû named my father's name, and I answered for my fault, +thou, my father, didst say, <q>When I shall go to Dûr-Ammi-zadûga, +which is on the River Sharḳu, I will forward a sheep and five minas +of silver, in a little while, to thee.</q> This thou saidest, my father, +and my expectation was from my father. But thou hast not sent; +<pb n='333'/><anchor id='Pg333'/> +and now, my father, thou hast returned to the presence of Taribu, +the Queen. I have sent a note to my father's presence. My father, +thou shalt not ask the purport of my note, until Lashêr has brought +me my father's note. My father has not sent one to bring even a +single shekel, in accordance with thy promise. Like Marduk and +Sin Amurrû, who hearken to my father, my ears are attentive. Let +my father send and let not my heart be vexed. Before Shamash and +Marduk, may I pray for my father. +</quote> + +<p> +The letter suggests that the father was king, by the +phrase so common in the historical inscriptions, <q>named his +name,</q> usually equivalent to <q>nominated</q> to rule. The +word rendered <q>fault</q> is <foreign rend='italic'>sardu</foreign>, +which may be for <foreign rend='italic'>sartu</foreign>. +There is nothing to show whether Elmeshu is a man or +woman. There was an Elmeshu (the name means <q>Diamond</q>) +who was daughter of Ammi-ditana.<note place='foot'>B<hi rend='vertical-align: +super'>1</hi> 193.</note> But the mention +of Dûr-Ammi-zadûga seems to demand a date at least as +late as that in which this wall or city was built. But Ammi-zadûga +succeeded Ammi-ditana. Unless the latter built +Dûr-Ammi-zadûga and called it after his son, we can hardly +identify this Elmeshu with the daughter of Ammi-ditana. +The mention of Sin Amurrû is not quite clear. We may +suppose two gods, Sin and Amurrû, or take the latter name +as an epithet, <q>Sin of the Amorites.</q> To have <q>the ears +attentive,</q> is to be in a state of expectation. In the last +sentence, Elmeshu seems to hint that, if she does not have +a favorable answer, she will not be able to pray for her +father. This may be regarded as an un-Christian attitude, +but people then thought more of the efficacy of prayer; +and it was a threat, if so meant, likely to have great weight +with the father. But it may mean that Elmeshu being +vowed to a religious life, yet needed material means to +maintain her alive, and she merely hopes, by her father's continued +sustenance of her, to be long spared to pray for him. +</p> + +<pb n='334'/><anchor id='Pg334'/> + +<p> +<note place='margin'>Request from a tenant for the grant of a good cow</note> +Another letter is apparently from a tenant, or serf, to his +landlord:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 2185.</note> +</p> + +<quote rend='display'> +To my lord say, thus saith Ibgatum thy servant: As, my lord, +thou hast heard, the enemy has carried off my oxen. Never before +have I sent to thee, my lord. Now I have caused a letter to be +brought to thee, my lord. Do thou, my lord, send me one young cow. +I will weigh out and send five shekels of silver to thee, my lord. My +lord, what thou sayest, under the command of Marduk, thy protector, +what pleases thee, no one can hinder thee, my lord. My lord, do +thou make her worth the five shekels of silver that I have weighed +out and sent to thee. Do thou, my lord, treat seriously this request, +do not trifle with my wish. Let my lord not wonder at this request, +which I send my lord. I am thy servant. I will do thy +will, my lord. As to the young cow, which thou, my lord, dost +send, let her be on credit, and either to Baṣu, or wherever is convenient +to my lord, do thou send. With Ili-iḳîsham, my brother, +let the young cow come. And I, in order that my lord should quickly +consent and send the young cow, will forthwith weigh out and send +fifteen shekels of silver to thee, my lord. +</quote> + +<p> +Evidently, the wise man sent only five shekels on deposit +with his brother, holding back the rest of the price, till he +had seen what sort of a cow he was to get for his money. +It was from this letter that Winckler<note place='foot'>A. O. +F., ii., p. 90.</note> deduced a meaning for <foreign rend='italic'>ṣamâdu</foreign> +something like <q>weigh out,</q> <q>pay,</q> whence a +better meaning for <foreign rend='italic'>ṣimittu</foreign> +than <q>yoke</q> was readily obtained. +As Dr. Peiser pointed out, the word is also used +in the Cappadocian tablets in a way that leaves small doubt +of its meaning. It may have come to mean simply <q>pay,</q> +but must have ordinarily meant <q>measure,</q> or <q>weigh,</q> according +as it was applied to grain, or money. +</p> + +<p> +<note place='margin'>Authorization to compel a creditor to pay his debts</note> +Here is a very interesting example showing how the +merchants of those days transacted business at a +distance:<note place='foot'>B<hi rend='vertical-align: super'>2</hi> 315.</note> +</p> + +<quote rend='display'> +To Erib-Sin say, thus saith Ibni-Nabû, I am here (?): As to the +case of Ardi-ilishu, son of Ibni-Dibbara, I gave him two-thirds of a +<pb n='335'/><anchor id='Pg335'/> +mina of silver, and it was acknowledged in writing, in the presence +of my witnesses. He went to Assyria. He did not give the money +to Shamaiatu. I and Shamaiatu met in Daganna and disputed over +the affair. Said I, <q>I sent thee money by Ardi-ilishu.</q> He said, +<q>If Ardi-ilishu has paid the money, let him [<hi rend='italic'>here come some uncertain +signs</hi>].</q> And concerning what thou didst send about Shamash-bêl-ilâni's +fourteen shekels, I did not give him the money. +There is two-thirds of a mina due from Ardi-ilishu; take Ardi-ilishu +and cause him to weigh out the money, and its interest, +more or less, and from that take the fourteen shekels and send the +surplus. +</quote> + +<p> +The two, Erib-Sin and Ibni-Nabû, are either partners, or +agents. The former had asked the latter to pay over fourteen +shekels to a certain Shamash-bêl-ilâni, either because +the latter had money of his, or had promised to honor his +order. But this particular order was not honored. Ibni-Nabû +had intrusted a sum of forty shekels to one Ardi-ilishu, +with which to pay Shamaiatu. But Ardi-ilishu had +gone off to Assyria without discharging the obligation. So +Shamaiatu had demanded payment and perhaps the doubtful +signs express the fact that Ibni-Nabû had to pay a second +time. Fortunately, he could prove that Ardi-ilishu +had had the money, having taken a receipt. He seems to +think that Erib-Sin can find Ardi-ilishu. Was the former +resident in Assyria? If so, this must be a copy of the letter +sent him. But perhaps Erib-Sin was to arrest the defaulter +on his return to Sippara. At any rate, this was a +warrant for so doing. That, perhaps, is why the letter was +kept. If Erib-Sin could get forty shekels and the interest, +he had a fair margin from which to pay the fourteen +shekels, due to him from Ibni-Nabû. But he had to take +risks. If Shamash-bêl-ilâni had given Erib-Sin consideration +for his order on Ibni-Nabû for fourteen shekels, he +was badly served. +</p> + +<pb n='336'/><anchor id='Pg336'/> + +<p> +<note place='margin'>A warning connected with the filing of a suit</note> +Here is a letter, warning a man of a suit brought against +him in his absence: +</p> + +<quote rend='display'> +To my lord, say, thus saith Sin-taiar: May Shamash and Marduk +give thee health. As to the case of the field about which thou +didst send, belonging to the sons of Sin-rêmêni, which is in Bitûtu, +which my lord sold me for five minas of silver; Sin-aḫam-iddinam, +Marduk-taiar, and Nabû-malik, have gone about to the king, and +have turned over this title to Nûr-parim. Hasten, come, save thy +title from Nûr-parim. +</quote> + +<p> +The word of most difficulty is <foreign rend='italic'>nistu</foreign>, +rendered <q>title.</q> It may mean something different, but the <q>title</q> seems the +most likely thing to be disputed. +</p> + +<p> +<note place='margin'>A request for fish and other food</note> +A letter to a father from an absent son<note place='foot'>S. 273.</note> +is interesting for +its personal character: +</p> + +<quote rend='display'> +To my father say, thus saith Zimri-eraḫ, may Shamash and +Marduk give thee health forever. Be thou well. I have sent for +thy health. Tell me how thou art. I am located at Dûr-Sin on +the canal Kashtim-sikirim. There is no meat fit to eat. Now I +have made them bring two-thirds of a shekel of silver to thee. For +this money send some nice fish and something to eat. +</quote> + +<p> +<note place='margin'>A love-letter</note> +The following is what may be fairly described as a love-letter, +though the real relation between the correspondents +is not certain:<note place='foot'>S. 274.</note> +</p> + +<quote rend='display'> +To Bibêa say, thus saith Gimil-Marduk: May Shamash and +Marduk for my sake preserve thy health forever. I have sent for +thy health. Tell me how thou art. I went to Babylon and did not +see thee. I was greatly disappointed. Send me the reason of thy +leaving, and let me be cheered. In Marchesvan do thou come. +For my sake keep well always. +</quote> + +<p> +It is certain that Bibêa was a lady, perhaps the writer's +wife. +</p> + +<p> +<note place='margin'>Assyrian copies of old Babylonian letters</note> +The interest which these ancient letters inspire in us was +felt in the seventh century <hi rend='smallcaps'>b.c.</hi>, for there are two Assyrian +<pb n='337'/><anchor id='Pg337'/> +copies of early Babylonian letters, preserved in the remains +of Ashurbânipal's library. One was a letter from the +Babylonian King Adadi-shum-uṣur to Ashur-nirari and +Nabûdaian, kings of Assyria, about <hi rend='smallcaps'>b.c.</hi> +1250.<note place='foot'>III. R. 4, No. 5.</note> It is +too fragmentary to translate. Another<note place='foot'>K. 2, 41.</note> is a letter from +a King of Assyria to his father, who is King of Babylon. +The names are lost, and its contents cannot now be made +out. It was a copy made for Ashurbânipal, and has his +<q>library mark.</q><note place='foot'>K. L. Ḥ., i., p. xxiii., note 2.</note> +</p> + +</div> + +<pb n='338'/><anchor id='Pg338'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>V. Sennacherib's Letters To His Father, Sargon</head> + +<p> +<note place='margin'>The proof that the letters are Sennacherib's</note> +Among the Ninevite collections we can single out several +periods where the history is supplemented by the letters. +Thus Sennacherib's letters to his father, Sargon, chiefly deal +with events in Armenia, which must have transpired during +Sargon's last few years, when his annals and other +historical inscriptions are silent. This view of them was +first worked out by the present writer,<note place='foot'>P. S. +B. A., 1895, p. 220 f.</note> and later with increased +material by R. C. Thompson.<note place='foot'>A. J. S. L., +xvi., pp. 160-67.</note> Briefly put, the +argument from them is this: a person called Sennacherib, +who might be any officer from the times of Sargon onward, +writes to the king, whom he does not address as his father, +on the reports which have reached him from a number of +officials, concerning events in Armenia. We have, however, +two letters which refer to the same events, naming the same +officials and certainly from the same Sennacherib. In one +of them he is twice referred to as the king's son. The +officials named are all found in documents of the reign of +Sargon, or the early part of Sennacherib's reign. The King +of Armenia is named Argista in one of these reports to the +king, which belongs to the same group. The King of +Assyria himself is said to be at Babylon at the time. One +report quoted comes from Tabal, and is brought by the +major-domo of the Princess Aḫat-abisha, probably the daughter +of Sargon, who was married by him to the King of +<pb n='339'/><anchor id='Pg339'/> +Tabal. We have independent copies of these reports, quoted +by Sennacherib, which enlarge our knowledge of the events. +Hence, there can be no doubt that we have here Sennacherib's +letters to his father, Sargon, while that king was absent +in Babylonia. We are, therefore, able to reconstruct +a chapter of Assyrian history, on which the historical monuments +have nothing to say. The first letter reads thus:<note place='foot'>K. 181; H. 197.</note> +</p> + +<note place='margin'>A letter concerning events in Armenia</note> +<quote rend='display'> +To the king, my lord, thy servant Sennacherib. Peace be to the +king, my lord. There is peace in Assyria, peace in the temples, +peace in all the fortresses of the king. May the heart of the king, +my lord, be abundantly cheered. The land of the Ukkai has sent +to me, saying, when the King of Armenia came to the land of Gamir, +his forces were utterly defeated; he, his commanders, and their forces +were driven off; [<hi rend='italic'>then comes a broken space from which the few traces +left refer to <q>two commanders,</q> someone who <q>came,</q> someone or something +<q>was captured,</q> someone <q>came to me,</q> something <q>of his country,</q> +something <q>he appointed.</q></hi>] This was the news from the land of +the Ukkai. Ashur-riṣûa has sent, saying, <q>News from Armenia. +What I sent before, that is so. A great slaughter took place among +them. Now his land is quiet. His nobles are dead. He has come +into his own land. Ḳaḳḳadânu, his tartan, is taken, and the King +of Armenia is in the land of Uazaun.</q> This is the news from Ashur-riṣûa. +Nabû-li', the commander of Ḥalṣu, has sent to me, saying, +<q>Concerning the garrisons of the fortresses which are on the border, +I sent to them for news of the King of Armenia. They report that +when he came to the land of Gamir, his forces were all slain, three +of his nobles together with their forces were killed, he himself fled and +entered into his own land; but that as yet his camp is not attacked.</q> +This is the news from Nabû-li'. The King of Muṣaṣir, his brother, +and his son, have gone to greet the King of Armenia. A messenger +from Ḥupushkia has gone to greet him. The garrisons of the fortresses +which are on the boundary all send news like this. The letter +of Nabû-li', the major-domo of Aḫat-abisha, brought from Tabal; to +the king, my lord, I have sent it on. +</quote> + +<p> +<note place='margin'>Another letter regarding the movements of the Armenian king</note> +The second letter<note place='foot'>H. 198.</note> began in exactly the same way, so far +as one can judge from the traces of the first seven lines. As +<pb n='340'/><anchor id='Pg340'/> +before, Sennacherib quotes reports, which he has received, +in the sender's own words. From what is left of the first +report we learn that the King of Armenia had ordered the +forces at his command to capture the commanders of the +King of Assyria and bring them alive to him. The city of +Kumai is named as the place where these commanders were. +As yet the sender <q>is cut off</q> and has not withdrawn from +his post. But, as he has heard, so he has sent to the king's +son: +</p> + +<quote rend='display'> +<q>Now let him quickly send forces. This is the news from Ariê: +On the fourteenth of Elul, a letter came to me from Ashur-riṣûa, saying +that the King of Armenia, when the Zikirtai brought things to +him, at least obtained nothing, they returned empty-handed; that +he went to the city Uesi with his forces and entered it, that his forces +are in the city Uesi, that he and his forces are few, that they are +with him with their possessions.</q> +</quote> + +<p> +This seems to be the end of Ashur-riṣûa's news. A few +traces refer to news from the Mannai concerning some <q>letter,</q> +<q>as yet</q> something has <q>not</q> happened. +</p> + +<quote rend='display'> +<q>As I have heard I have sent, that the commander in the district, +in the midst of the city Uesi, he and his forces are assembled; that +with his troops he has set out and driven him out of Uesi, that he +has not seen the roads (to some place), that he has made good the +bridges, that as he has heard, whatever takes place, whether he comes +with his forces, or whether he goes off free, I will quickly send to the +king's son.</q> +</quote> + +<p> +These fragments of the report are difficult to disentangle, +as the person referred to seems sometimes to be the King of +Armenia, sometimes another person. But all may be news +sent from the Mannai to Ashur-riṣûa. +</p> + +<quote rend='display'> +This is the news from Ashur-riṣûa: The land of Arzabia sends +word, saying, The land of the Ukkai has broken away from me (?), +that now they are killing me; you care for yourselves. I have sent +my body-guards to the Ukkai. The messengers of Arzabia said, ... +</quote> + +<pb n='341'/><anchor id='Pg341'/> + +<p> +Then follow a few traces from which we gather that a +messenger came to the writer and brought a present; that +the <q>Mannai said</q> something, someone <q>returned</q> and <q>I +appointed him</q> something, that a messenger from the land +of Sadudai came to Kalaḫ, that <q>I received and sealed</q> +something, and <q>I appointed</q> something. Again we have +a reference to the month of Elul, a letter, and the word +<q>brought.</q> +</p> + +<p> +<note place='margin'>These letters explained by a comparison with those +of Ashur-riṣûa</note> +This letter is very obscure from the many lacunæ. We +naturally turn to the letters of Ashur-riṣûa. This man may +well be the same as the witness, <foreign rend='italic'>shaḳû</foreign>, and scribe of the +queen, at Kalaḫ in <hi rend='smallcaps'>b.c.</hi> 709. We have nine letters of his +referring to Armenian affairs. In one of them<note place='foot'>H. 492.</note> he +announces that <q>at the commencement of Nisan the King of Armenia +set out from Ṭurushpîa and went to Eliṣada, that Ḳaḳḳadânu, +his tartan, went into the city Uesi, that all the forces +of Armenia have gathered to Eliṣada.</q> The rest of the letter +is obscure. At the end of another<note place='foot'>H. 380.</note> he says: <q>I have +heard, saying, <q>the king has come into the midst of Uesi, as +yet he has not left.</q></q> In the same letter he reports that +<q>three thousand foot-soldiers, with their officers, belonging +to Sêtini, his military commander, have set out to Muṣaṣir, +crossed the river by night, that Sêtini has camels with him, +and that Sunâ, who is in command among the Ukkai, has +started with his troops for Muṣaṣir.</q> It is clear from these +that the movements here refer to the beginning of the year +after that in which, in Elul, the King of Armenia was in +Uesi, and before the defeat of Armenia by the Gimirri. +</p> + +<p> +A mere glance at the contents of his other letters will +show their connection with these events. In one,<note place='foot'>H. 144.</note> he sends +Naragê, a colonel, with twenty men who had plotted against +the king and were caught. He mentions the capture of a +second tartan, Urṣini, in Ṭurushpîa and the mission of Urṣini's +<pb n='342'/><anchor id='Pg342'/> +brother, Apli-uknu, to see him there. The King of Armenia +had entered Ṭurushpîa with a number of restless men. In +another,<note place='foot'>H. 145.</note> he reports the return to Assyria of a +messenger from the Ukkai, who had gone up into Armenia; and mentions +Muṣaṣir. In a third,<note place='foot'>H. 146.</note> he reports that <q>Gurânia, Nagiu, +the fortresses of Armenia and Gimirri, are giving tribute to +Armenia.</q> But that <q>when the Armenians went to Gimirri, +they were badly defeated.</q> The rest is so injured as to give +little sense. In another,<note place='foot'>H. 147.</note> he names Ariê and Ariṣâ, +Dûr-Shamash, Barzanishtun, the city of Ishtar-dûri, and Shulmu-bêl-lashme; +but the text is so defective that one cannot +discern what he had to say about them. In another,<note place='foot'>H. 148.</note> he +acknowledges the king's order to send scouts into the neighborhood +of Ṭurushpîa. In another,<note place='foot'>H. 381.</note> he writes that <q>the +Mannai in the cities of Armenia on the coast of the sea +rebelled, that Apli-uknu, the commander of Muṣaṣir, and +Ṭunnaun, the commander of Kar-Sippar, went to the borders +of the Mannai, to garrison Armenia and made a slaughter +there, that all the commanders are present.</q> But these +are not the only references to him. Ṭâb-shâr-Ashur<note place='foot'>H. 101.</note> writes +to the king that he has received a letter from Ashur-riṣûa: +<q>Thus it is written in it, saying, a messenger of the Ukkai +went to Armenia, he has sent a letter to the palace, and +these are the contents of the letter, on the morning of the +sixth, this letter came to me; he sent, saying, the Ukkai +have heard concerning Ariê that he went against him (the +king of Armenia) and his city.</q> Then the letter becomes +very defective, but we hear again of Kumai and Eliṣ (clearly +the Eliṣada above). Ṭâb-shâr-Ashur again mentions Ashur-riṣûa,<note place='foot'>H. +488.</note> saying that a letter of his was brought, which referred +to the King of Armenia entering some city. But too little +is preserved to make out the message. In a report<note place='foot'>H. 490.</note> about +<pb n='343'/><anchor id='Pg343'/> +beams of wood, collected by Ashur-riṣûa, he is associated +with Ariê, and Uriṣâ, evidently the Ariṣâ above, and the +city Kumai. Finally, on a letter by Gabbu-ana-Ashur he is +mentioned in a most significant way. The writer says: <q>Concerning +the news which the king gave me about the garrisons +of Armenia, from the time that I entered the city Kurban, +my messengers went to Nabû-li', to Ashur-bêl-danân, to +Ashur-riṣûa; they came to me.</q> After a break he goes on, +<q>Like this I have heard; the Armenian (king) has not gone +out of Ṭurushpîa.</q> After some more uncertain traces, he +adds: <q>On the twenty-third of Tammuz I entered into Kurban, +on the twentieth of Ab I sent a letter to the king, my +lord.</q> It is evident that Nabû-li', Ashur-bêl-danân, and +Ashur-riṣûa were the commanders most concerned in these +events. Nabû-li', we have already seen, sent reports to Sennacherib; +no letters of Ashur-bêl-danân, yet published, seem +to refer to these events. But clearly the king was concerned +to hear from other quarters than Kalaḫ, where Sennacherib +evidently was. Ashur-riṣûa is also named elsewhere +on fragments not yet published. +</p> + +<p> +We may now pursue the clew given by the fact that Uesi +was the city which seems to have been the bone of contention. +Thus Urzana, whose name recalls that of the King +of Muṣaṣir, who may have been reinstated as a vassal by +Sargon, writes<note place='foot'>H. 409.</note> to the +<foreign rend='italic'>nâgiru</foreign> of the palace: +</p> + +<quote rend='display'> +<q>What thou didst send me, saying, Has the King of Armenia with +his troops moved away? He has gone. Where is he dwelling? +The commander of Uesi, the commander of the district of the +Ukkai, came, they sacrificed in the temple, they say that the king +has gone, he is dwelling in Uesi; the commanders returned and went +away. In Muṣaṣir they sacrificed. What thou didst send, saying, +Without the king's order let no one put his hand to the work, when +the king of Assyria shall come, I will serve him, what I have +[always] done I will keep doing, and this according to his hand (?).</q> +</quote> + +<pb n='344'/><anchor id='Pg344'/> + +<p> +Evidently Urzana lived in Muṣaṣir and was anxious to be +thought a faithful vassal. An unknown writer<note place='foot'>H. 444.</note> tells the +king that +</p> + +<quote rend='display'> +<q>five commanders of Armenia entered the city of Uesi, Sêteni [<hi rend='italic'>of +whom we heard above</hi>] commander of ... teni, Ḳaḳḳadânu of +the writer's district, or of Ukkai, Sakuatâ of Ḳaniun, Siblia of Alzi, +Ṭutu of Armiraliu, these are their names. With three underlings, +they entered Uesi. Now their forces are weak and weakening (?), +the forces are (?), the king has set out from Ṭurushpîa, he has come +into Kaniun. What the king, my lord, sent me, saying, <q>Send +scouts,</q> I have sent a second time. The spies (?) came, these are +the words they say, and the spies as yet have not started.</q> +</quote> + +<p> +The whole tone of the letter and the fact that Ashur-riṣûa +above acknowledges having received an order to send +scouts make us think he is the unknown writer. But, of +course, the king may have sent the order to other commanders +as well. In an unpublished text we read that the +commander of Uesi was slain. +</p> + +<p> +The references to Ṭurushpîa are also significant. We +know that this city was once the stronghold of Sardaurri, +King of Armenia, and was doubtless still attached to its +old rulers. We have a letter written by Upaḫḫir-Bêl, +doubtless the Eponym of <hi rend='smallcaps'>b.c.</hi> 706, and governor of Amedi. +He writes in the same style as Sennacherib and Ashur-riṣûa:<note place='foot'>H. +424.</note> +</p> + +<quote rend='display'> +Concerning news of Armenia I sent scouts, they have returned; +thus they say: <q>The commander of that district, and the deputy-commander +with him, in Ḥarda, the district of the <foreign rend='italic'>sukallu</foreign>, keep +ward from city to city as far as Ṭurushpîa; weakness is written down, +the messenger of Argista has come,</q> +</quote> + +<p> +and so on. The rest does not concern us here. But another +letter,<note place='foot'>H. 548.</note> evidently from the same writer, gives news from +Armenia and a message from Argista, which the writer says +<pb n='345'/><anchor id='Pg345'/> +he has answered, as the king directed. It also states that +the commander keeps ward in Ḥarda. Ṭurushpîa is also +mentioned on fragments not yet published. +</p> + +<p> +Other fragments occur which clearly belong to this group. +Thus<note place='foot'>H. 619.</note> a letter from an unknown writer names Ashur-riṣûa +in connection with Kumai, Babutai, Ukkai, and Uliai, and +narrates something about ten commanders. The loss of +nine commanders in Armenia, at one time, is the subject of +a very fragmentary letter,<note place='foot'>H. 646.</note> +but it is not clear that it refers +to this period. +</p> + +<p> +To the same period seems to belong another letter of +Sennacherib, probably to his father Sargon.<note place='foot'>H. 196.</note> It begins +with precisely the same formulæ of greeting in the first seven +lines. Then it goes on: +</p> + +<quote rend='display'> +The chieftains of the land of Kumuḫai (Commagene) have come +and brought tribute. Seven mule mares apiece they brought and +tribute with the mules. The chieftains are in the house appointed +for the Kumuḫai. They are fed at their own expense, they would +journey on to Babylon [where Sargon evidently is]. They have +brought <foreign rend='italic'>šaklâ</foreign> (?), they have received them here. As we +have told the king, my lord, let him send quickly. They brought +cloth and fruit each of them. The factors say that we have received +seven talents from them, that the Kumuḫai are not contented, +saying, <q>Our produce is reduced, let them bring the king's weavers +and let them take charge.</q> Let the king, my lord, send word to +whom they shall assign them. +</quote> + +<p> +<note place='margin'>A letter about the chieftains of the Kumuḫai</note> +Another letter-fragment only preserves the opening address.<note place='foot'>H. +199.</note> Another very defective letter<note place='foot'>H. 731.</note> +with the same introduction refers to Dûr-Sargon, +</p> + +<quote rend='display'> +<q>in the district of Kurban are excessively great floods, they go on.</q> +</quote> + +<p> +We know from another source that this was the case, in +<hi rend='smallcaps'>b.c.</hi> 708, when the floods came into the lower part of the +<pb n='346'/><anchor id='Pg346'/> +city, and the tribute could not be levied in the district.<note place='foot'>A. +D. D., 1141.</note> Yet another fragment, opening in precisely the same manner, +refers to a certain Nabû-eṭir-napshâte and the city of Kalḫu.<note place='foot'>H. +730.</note> Here also we have too little left to make out any connected +sense. +</p> + +</div> + +<pb n='347'/><anchor id='Pg347'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf' level1='VI. Letters From The Last Year Of Shamash-Shum-Ukin'/> +<head>VI. Letters From The Last Year Of Shamash-Shum-Ukîn</head> + +<p> +<note place='margin'>The period well known</note> +Another period on which the letters throw considerable +light is the close of the reign of Shamash-shum-ukîn in +Babylon. This was coeval with the suppression of a great +combined rebellion against the rule of Assyria. From the +historical texts of Ashurbânipal's reign we know the names +of many of the actors in that great struggle. They are +frequently referred to in the letters. Already G. Smith, in +his <hi rend='italic'>History of Assurbanipal</hi>, 1871, had used the information +given by some of the letters. This was utilized by +C. P. Tiele in his <hi rend='italic'>Babylonisch-assyrische Geschichte</hi>. +</p> + +<p> +<note place='margin'>The case of Nabû-bêl-shumâte</note> +But much more may be made out when the letters are +fully available. Thus Nabû-bêl-shumâte, grandson of Merodach +Baladan II., had been made King of the Sealands on +the death of his uncle, Nâ'id-Marduk. When the revolt +broke out, Ashurbânipal sent Assyrian troops to help Nabû-bêl-shumâte +to repel Shamash-shum-ukîn. During the long +process of suppressing the revolt, it is clear that Nabû-bêl-shumâte +conceived the idea of reasserting the independence +of the Sealands. He endeavored to gain the +alliance of the Assyrian garrison, some he imprisoned, others +may have joined him. On the fall of Babylon, in <hi rend='smallcaps'>b.c.</hi> +648, he saw that Ashurbânipal's vengeance must overtake +him, so he fled to Elam. He took with him a certain number +of Assyrians, evidently to hold as hostages. Ashurbânipal +<pb n='348'/><anchor id='Pg348'/> +had a long score to settle with Elam. He began +by demanding of Indabigash the surrender of Nabû-bêl-shumâte +and the Assyrians with him. But before the +ambassador could deliver the message, Indabigash had +been succeeded by Ummanaldash. Nabû-bêl-shumâte was +evidently a difficult person to lay hands upon. At any rate, +Ummanaldash's land was invaded and devastated. But +when the Assyrian troops were gone, he again returned to +his capital, Madaktu, and Nabû-bêl-shumâte joined him +there. Again Ashurbânipal sent to demand his surrender. +Rather than further embarrass his host, and quite hopeless +of protection or pardon, Nabû-bêl-shumâte ordered +his armor-bearer to slay him. Ummanaldash attempted to +conciliate Ashurbânipal by sending the body of the dead +man and the head of the armor-bearer to him. Such is +the story as Ashurbânipal tells it in his great cylinder +inscription. +</p> + +<p> +<note place='margin'>Letters about him</note> +The letters make no less than fifty distinct references to +him. The officers write many bad things of Nabû-bêl-shumâte, +and it is plain that he had been a very vicious enemy. +We have a number of letters from a writer of his name, +who may well be the King of the Sealands before he broke +with Assyria. Thus we read:<note place='foot'>H. 839.</note> +</p> + +<note place='margin'>A letter reporting the dethronement of the +King of Elam</note> +<quote rend='display'> +To the king, my lord, thy servant Nabû-bêl-shumâte. Verily +peace be to the king, my lord; may Ashur, Nabû, and Marduk be +gracious to the king, my lord. Cheer of heart, health of body, and +length of days may they grant the king, my lord. As I hear, the +King of Elam is deposed and many cities have rebelled against him, +saying, <q>We will not come into thy hands.</q> According to what I +hear I have sent to the king, my lord. I have inhabited the Sealands +from the time of Nâ'id-Marduk. The brigands and fugitives who +came to the Gurunammu, five hundred of them, did Sin-balâṭsu-iḳbi, +when he caught them, lay in fetters and hand over to Natânu, the +King of the Uṭṭai, their ruler, whom the king had given them. +</quote> + +<pb n='349'/><anchor id='Pg349'/> + +<p> +Then come a number of defective lines, from which not +much can be made out. But there can be little doubt that +this letter was written in the days when policy still kept +him faithful to Assyria. There was another Nabû-bêl-shumâte, +whose letters<note place='foot'>H. 832, 833, 835, 836, +837.</note> begin quite differently, and refer to +horses and troops. There is even a third, a <foreign rend='italic'>ḳêpu</foreign> of +Birati, named by Tâb-ṣil-esharra,<note place='foot'>H. 88.</note> who was concerned in +repelling a raid on Sippara, and is named in a contract of +<hi rend='smallcaps'>b.c.</hi> 686.<note place='foot'>A. D. D., 9.</note> +It is just possible that the second and third are the same man. +But while we must exercise care in assigning the references +of the letters, we have a guide in the historical connection. +</p> + +<p> +<note place='margin'>Bêl-ibnî's letters</note> +Bêl-ibnî was a very important officer who held the position +of a <foreign rend='italic'>manzâz pâni</foreign>, having the right of access to the +royal presence and a place near the king on all state occasions. +He is probably to be distinguished from the Bêl-ibnî +set on the throne of Babylon by Sennacherib in <hi rend='smallcaps'>b.c.</hi> +702. He is a frequent writer to the king during this period. +Ashurbânipal placed him over the Sealand after the +flight of Nabû-bêl-shumâte. The king's proclamation to +the Sealanders<note place='foot'>H. 289.</note> reads thus: +</p> + +<note place='margin'>Letter appointing him governor of the Sealands</note> +<quote rend='display'> +Order of the king to the Sealanders, elders and juniors, my servants: +My peace be with you. May your hearts be cheered. See now +how my full gaze is upon you. And before the sin of Nabû-bêl-shumâte, +I appointed over you the courtesan of Menânu. Now I have +sent Bêl-ibnî, my <foreign rend='italic'>dubašu</foreign>, +to go before you. Whatever order is good +in my opinion which is [written] in my letters [obey]. +</quote> + +<p> +Then after some defaced lines, he threatens that if they +do not obey, +</p> + +<quote rend='display'> +<q>I will send my troops.</q> +</quote> + +<p> +This order is dated the fifth of Iyyar, <hi rend='smallcaps'>b.c.</hi> 650. By that +date Nabû-bêl-shumâte had fled. It is not easy to say +whether Ashurbânipal had appointed a lady, once the +<foreign rend='italic'>ḫarimtu</foreign>, +<pb n='350'/><anchor id='Pg350'/> +or courtesan, of Menânu, as ruler of the Sealand +before Nabû-bêl-shumâte, or whether he means to call Nabû-bêl-shumâte +by this opprobrious epithet. Who is meant by +Menânu is hard to see, unless it be the Elamite King, Umman-minana, +the contemporary of Sennacherib, who had +protected the family of Merodach-Baladan II. +</p> + +<p> +<note place='margin'>Letter of Ummanaldash offering to give up Nabû-bêl-shumâte</note> +We have a fragmentary letter<note place='foot'>G. Smith, ii., pp. 51 ff.</note> +from the King of Elam, +Ummanaldash, to Ashurbânipal, which says: +</p> + +<quote rend='display'> +Letter of Ummanaldash, King of Elam, to Ashurbânipal, King of +Assyria, peace be to my brother. From the beginning, the Martenai +[<hi rend='italic'>Elamite name for the Sealanders, from Marratu, +<q>the Salt +Marshes</q></hi>] have been sinners against thee. Nabû-bêl-shumâte came +from there. The crossing of the land ... over against Elam +I broke down, [to keep him out]. Thou hast sent letters +[<hi rend='italic'>or forces?</hi>] +saying, <q>Send Nabû-bêl-shumâte.</q> I will seize Nabû-bêl-shumâte +and will send him to thee. The Martenai whom from the beginning +Nabû-bêl-shumâte brought us ... they are people who came +by water from ... it entered into their minds and they came, +they broke into Laḫiru and there they are. I will send to their border +my servants against them and by their hands I will send those who +have sinned against us. If they are in my land, I will send them by +their hands; and, if they have crossed the river, do thou [take them]. +</quote> + +<p> +The rest of the letter is hard to make out. It was dated +on the twenty-sixth of Tammuz, in the Eponymy of Nabû-shar-aḫêshu, +probably <hi rend='smallcaps'>b.c.</hi> 645. +</p> + +<p> +<note place='margin'>Letter of Bêl-ibnî accusing Nabû-bêl-shumâte of +imprisoning his brother</note> +Bêl-ibnî had a great hatred for Nabû-bêl-shumâte. For +the latter had years before laid hands upon Bêl-ibnî's eldest +brother, Bêlshunu, and put him in prison. This we learn +from a letter to the king,<note place='foot'>H. 460.</note> +which, although the name of the +writer is lost, is clearly from Bêl-ibnî. The first few lines +yield no connected sense, but name Umman-shimash and the +nobles with him: +</p> + +<quote rend='display'> +When they assembled they spoke evil words against their king. +From those days they kept on plundering his land. Before the +<pb n='351'/><anchor id='Pg351'/> +forces of the lord of kings, my lord, want, like a pestilence, entered +the land. When the forces of the lord of kings, my lord, have +arrived at Dûr-ili, they shall not take a holiday; that smitten of +Bêl, accursed of the gods, Nabû-bêl-shumâte, and the sinners with +him, they shall capture and give them to the lord of kings, my lord. +And the Assyrians, as many as are with them, they shall release and +send to the lord of kings, my lord. Bêlshunu, my eldest brother, a +servant of the lord of kings, my lord, now four years ago, did that +smitten of Bêl, that accursed of the gods, Nabû-bêl-shumâte, when he +revolted, bind hand and foot with bronze and imprison him. +</quote> + +<p> +The rest is obscure, but names Ṣalmu-shar-iḳbi as sending +news to the palace. +</p> + +<p> +<note place='margin'>Bêlshunu's identity</note> +The Bêlshunu here named is probably the Eponym of +<hi rend='smallcaps'>b.c.</hi> 648, who was then governor of Ḫindana, who also dates +a letter from the king to Umman-shimash, which names Bêl-ibnî. +There are over fifty references in the letters to Bêl-ibnî, +most of which directly connect him with these events. +His duties in command of the Sealand brought him into relations +with the many Elamites, who in the frequent revolutions +in that land, fled for refuge to the Assyrians. Here is +one of the best of his letters to the king:<note place='foot'>H. 282.</note> +</p> + +<note place='margin'>His letter about the fugitive Shumâ</note> +<quote rend='display'> +To the lord of kings, my lord, thy servant Bêl-ibnî. May Ashur, +Shamash, and Marduk decree length of days, cheer of heart, and +health of body to the lord of kings, my lord. Shumâ, son of Shum-iddina, +son of Gaḫal, sister's son to Tammaritu, fled from Elam and +came to the Daḫḫai. From the Daḫḫai, when I had taken him, +I made him cross over. He is ill. As soon as he has completely recovered +his health, I will send him to the king, my lord. A messenger +is here from Natan and the Pukudu, who are in Til-Ḥumba, to +say that they came before Nabû-bêl-shumâte at the city Targibâti. +They took an oath, by God, one with another, saying, <q>According to +agreement we will send thee all the news we hear.</q> And according to +contract they furnished fifty oxen for money at his hands, and said +to him, <q>Let our sheep come and among the Ubânât in the pasture +let them graze among them. Thou mayest have confidence in us.</q> +<pb n='352'/><anchor id='Pg352'/> +Now let a messenger of the king, my lord, come and make Natan +learn in his mind, that <q>if thou dost send anything for sale to Elam, +or one sheep be allotted to pasture in Elam, I will not suffer thee +to live.</q> I have sent trustworthy reports to the king, my lord. +</quote> + +<p> +The incident here referred to, the reception of the fugitive +Shumâ, who probably on account of his illness was unable +to join his uncle Tammaritu, is very similar to that related +of Tammaritu himself. This King of Elam succeeded his +cousin Ummanigash, whom he dethroned, but after a short +reign was himself dethroned by the usurper Indabigash. +He and his brothers and family and eighty-five princes +of Elam, his supporters, fled by sea from Elam to the +marshes at the mouths of the Tigris and Euphrates. There +he fell sick. But Ashurbânipal sent him a friendly message, +and he came before the Assyrian governor, and kissed +the ground in token of submission. We learn that Marduk-shar-uṣur +was the officer who received him, and a very mutilated +letter seems to refer to it. He was probably the +Rabshakeh to whom Bêl-ibnî wrote<note place='foot'>H. 283.</note> complaining of certain +slanders about him. So even the faithful servant was not +entirely free from court intrigues. In another letter Bêl-ibnî +refers to his having received and sent on to the king, +Tammaritu, his brothers, family, and nobles.<note place='foot'>H. 284.</note> +</p> + +<p> +<note place='margin'>Many letters of this period</note> +Like Ummanigash and Indabigash, Tammaritu corresponded +with Ashurbânipal. We have letters from him to +the King of Assyria and from Ashurbânipal to him. Unfortunately +these letters are very imperfect, or not yet published. +He is mentioned continually in the letters. There +were several of the name: (1) son of Urtaku, third brother +of Teumman, (2) son of Teumman, slain with his father, +(3) son of Ummanigash, King of Elam, succeeded his cousin +Ummanigash, whom he dethroned, (4) son of Attamitu. +To which of these a reference is made is often hard to decide. +</p> + +</div> + +<pb n='353'/><anchor id='Pg353'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>VII. Letters Regarding Affairs In Southern Babylonia</head> + +<p> +<note place='margin'>Their character that of forecasts or omens</note> +<note place='margin'>Their great value</note> +Another group refers to the events at Ur, in the far +south of Babylonia. Sin-tabni-uṣur, son of Ningal-iddina, +was governor there during the time of Shamash-shum-ukîn's +great rebellion. This we learn from some of the forecast +tablets, published in George Smith's +<hi rend='italic'>Assurbanipal</hi>.<note place='foot'>Pages 184, 185.</note> The +greater part of these tablets is unintelligible, containing a +record of the omens observed, probably on inspection of the +entrails of the slaughtered sacrifices. What these symptoms +were cannot yet be determined. Much has been done by +Boissier in his <hi rend='italic'>Textes Assyriens relatifs au Présage</hi>, and +many articles contributed to various journals. The omens +are generally such as also occur in the tablets published +by Dr. Knudtzon in his <hi rend='italic'>Gebete on den Sonnengott</hi>, and +ably discussed by him there. The tablet evidently was +meant to submit these omens to some oracle that a prediction +might be given on their authority. The king also usually +stated his cause of anxiety and asked for guidance and +direction. These forecast tablets, many of which are dated, +are of the greatest service for the chronology of the period. +They have been partly discussed by the present writer.<note place='foot'>In +P. S. B. A., etc.</note> +Thus the two, which refer to Sin-tabni-uṣur, announce that +he is governor of Ur, and seem to inquire whether he can +be relied upon to prove faithful. We may conclude that his +appointment took place in Ab, <hi rend='smallcaps'>b.c.</hi> 648. +</p> + +<pb n='354'/><anchor id='Pg354'/> + +<p> +<note place='margin'>A letter of the governor of Erech</note> +From a letter,<note place='foot'>H. 754.</note> which G. +Smith<note place='foot'>Page 201.</note> ascribes to Kudur, governor +of Erech, we learn that he had heard from Sin-tabni-uṣur, +who reports that a messenger had arrived from +Shamash-shum-ukîn, inciting the people to rebel against +Ashurbânipal. As a result, +</p> + +<quote rend='display'> +<q>the Gurunammu have rebelled against me. Re-enforce me at +once.</q> +</quote> + +<p> +The good Kudur sent five or six hundred archers and joined +Aplîa, the governor of Arrapḫa, and Nûrêa, governor of +Ṣameda, and went to Ur. He was able to seize the leaders +of the revolt, among them Nabû-zêr-iddin. But someone +had captured Sin-tabni-uṣur. Bêl-ibnî is named, and later +Nabû-ushêzib, the archer, but the text is too mutilated to +make out a clear account. But it seems likely that Sin-tabni-uṣur +was rescued, and being re-enforced, held out well +for his master. Ashurbânipal writes to assure him of his +continued confidence.<note place='foot'>H. 290.</note> +</p> + +<note place='margin'>The king's reply</note> +<quote rend='display'> +Message of the king to Sin-tabni-uṣur: It is well with me. May +thy heart be cheered. Concerning Sin-shar-uṣur, what thou didst +send. How could he say evil words of thee and I hear anything of +them? Shamash perverted his heart and Ummanigash slandered +thee before me and would give thee to death. Ashur, my god, +withholds me. I would not willingly slay my servant, and the support +of my father's house. In that case, thou wouldst perish with +thy lord's house. I would not see that. He and Ummanigash have +compassed thy death, but because I know thy faithfulness I have increased +my favor and bestowed honor upon thee. Is it not so? For +these two years thou hast not caused hostility or want to thy lord's +house. What could they say against a servant who has loved his lord's +house and I believe it? And with respect to the service which thou +and the Assyrians, thy brothers, have done, what thou sendest, all that +thou hast done and the guard thou hast kept, ... which is +pleasing before me [I will reward] and return thee favors to thy +children's children. +</quote> + +<pb n='355'/><anchor id='Pg355'/> + +<p> +<note place='margin'>The persons mentioned</note> +It is clear that Sin-shar-uṣur and Ummanigash had been +intriguing against Sin-tabni-uṣur. There are several persons +of the name Sin-shar-uṣur about this time. No less than +three Eponyms bear the name after <hi rend='smallcaps'>b.c.</hi> +648. The <foreign rend='italic'>aba mâti</foreign>, or +governor of Hindana, or the <foreign rend='italic'>arḳû</foreign> might be meant here. But +there was a brother of Sin-tabni-uṣur, of this name, who perhaps +coveted his post. Among the many unpublished texts +which refer to him one may, perhaps, be found to explain +the hostility. Nor is it clear which Ummanigash is meant. +There was one of the three sons of Urtaku, who took refuge +at the court of Ashurbânipal, when their father was murdered +and dethroned by his brother, Teumman. When the +Assyrian king espoused his cause, he was enabled by Assyrian +troops to defeat and slay the usurper Teumman and +take the throne of Elam. But he was faithless and allied +himself with Shamash-shum-ukîn. He was dethroned by +his cousin, Tammaritu, shortly before the fall of Shamash-shum-ukîn. +That he, while at the Assyrian Court, should +have slandered the governor of Ur, is quite in accordance +with his character, but what was his purpose, or what he +alleged, we do not know. There was another Ummanigash, +brother of Urtaku; another, son of Umbadara; another, a +son of Amedirra. The latter raised a rebellion against Ummanaldash, +as we learn from a report by Bêl-ibnî.<note place='foot'>H. 280.</note> After +his usual salutations, Bêl-ibnî reports, +</p> + +<note place='margin'>Bêl-ibnî's letter about Ummanigash</note> +<quote rend='display'> +When I left the Sealand, I sent five hundred soldiers, servants of my +lord, the king, to the city Ṣabdânu, saying, <q>Hold a fort in Ṣabdânu +and make raids into Elam, slay and make prisoners.</q> When they +went against Irgidu, a city two leagues this side of Susa, they slew +Ammaladin, the sheik of Iashi'ilu, his two brothers, three brothers of +his father, two of his brother's sons, Dalâ-ilu, son of Abi-iadi', and +two hundred well-born citizens of that city. They had a long journey +before them. They took one hundred and fifty prisoners. The +sheiks of Laḫiru and the people of Nugû', when they saw that my +<pb n='356'/><anchor id='Pg356'/> +raiders had extended on their farther side, were full of fear, sent word +and took the oath to Mushêzib-Marduk, my sister's son, a servant of +the king, my lord, whom I had appointed over the fort, saying, <q>We +will be servants of the King of Assyria.</q> When they had gathered +their bowmen, as many as they had, they went with Mushêzib-Marduk, +and marched into Elam. +</quote> + +<p> +Here follows a bad break in the narrative, but Iḳisha-aplu +is named, and Bêl-ibnî promised to send on to the king +whatever they captured and brought to him. The letter +then resumes: +</p> + +<quote rend='display'> +News from Elam: they say that Ummanigash, son of Amedirra, +has rebelled against Ummanaldash. From the river Ḥudḫud as far +as the city Ḥa'adânu they have sided with him. Ummanaldash has +gathered his forces, and they are now encamped on the river opposite +one another. Iḳisha-aplu, whom I have sent to the palace, has +penetrated their designs. Let one question him in the palace. +</quote> + +<p> +<note place='margin'>Kudur's letters about the king's favorite</note> +Kudur, governor of Erech, who sent news of the outbreak +of rebellion in the south, gives us further information about +Mushêzib-Marduk, who was a favorite with the king. After +a long salutation occupying nearly the whole of the obverse, +with a short reference to a certain Upaḳu, the reverse side +goes on:<note place='foot'>H. 277.</note> +</p> + +<quote rend='display'> +Mushêzib-Marduk, Bêl-ibnî's sister's son, who has come two or +three times into the presence of the king, my lord, on a message from +Bêl-ibnî, Bêl-ibnî has appointed him concerning it (the case in hand). +The gate-keepers have told him that those soldiers are not lovers of the +house of my lord. It is not good for them to cross over to our midst. +They will give news of the land of the king, my lord, to Elam, and if +there be a famine in Elam, they will furnish them provisions. To the +king, my lord, I have sent; let the king, my lord, do what he sees fit. +</quote> + +<p> +<note place='margin'>The king's reply</note> +The king himself writes to Bêl-ibnî<note place='foot'>H. 399.</note> in a most friendly +way about Mushêzib-Marduk: +</p> + +<quote rend='display'> +Message of the king to Bêl-ibnî: I am well. May thy heart be +cheered. Mushêzib-Marduk, about whom thou didst send, in the +<pb n='357'/><anchor id='Pg357'/> +fulness of time he shall enter my presence, I will appoint the paths +for his feet (<hi rend='italic'>i.e.</hi>, make a way for his +advancement). The holiday in +Nineveh is not finished. +</quote> + +<p> +Mushêzib-Marduk is also mentioned by Nabû-zêr-ukîn, in +a letter to the king,<note place='foot'>H. 412.</note> in close connection with +Shum-iddin, the governor of Dûr-ilu. It is not clear what the writer +had to say of him, but farther on in the letter Bêl-ibnî is +named. The same Nabû-zêr-ukîn is mentioned in a tablet +of epigraphs,<note place='foot'>K. 4453.</note> where he is associated with +Shamash-shum-ukîn, Tammaritu and Indabigash. He is there said to be +son of Nabû-mushêṣi. In another letter he writes with +Adadi-shum-uṣur, Nabû-shum-iddin, Ardi-Ea, and Ishtar-shum-êresh +to the king,<note place='foot'>H. 332.</note> but hardly anything remains except +a mention of Nineveh. The same group of writers is +elsewhere associated with Nabû-mushêṣi. Of another letter<note place='foot'>H. 513.</note> +from him to the king only the introduction is found. +</p> + +<p> +<note place='margin'>Kudur's letters about the rebellion</note> +Kudur, governor of Erech, was a frequent correspondent +with the king. A score of letters from him to the king, or +from the king to him, are preserved. They are nearly all +concerned, more or less, with the events during the great +rebellion. There were several others of the name, one an +Elamite prince, son of Ummanaldash. The name itself may +be Elamite and may point to a strong admixture of Elamite +blood in Erech. The element Kudur occurs in such names +as Kudur-Mabug, Kudur-Naḫunte, and Kudur-lagamar, the +prototype of Chedorlaomer. There was another Kudur, +son of Dakkuri, who was brought captive to Assyria with +Shum-iddin. We may take as one example:<note place='foot'>H. 275.</note> +</p> + +<quote rend='display'> +To the king of countries, my lord, thy servant Kudur. May Bêl +and Nabû decree peace, health, and length of days for the king, my +lord, forever. Since I was in the enemy's country the Puḳudu have +made an end of the Bît-Amuḳâni, servants of my lord, the king, by +their attacks. The cities which were to be held for the king, my lord, +<pb n='358'/><anchor id='Pg358'/> +they captured. Let the servants of the king, my lord, march. They +have occupied the cities, killed the men and ravished the women. +Also they have attacked Ṣâbâ, the body-guard. The day they +reached Bît-Amuḳâni, it is said, the attackers attacked the body-guard. +I sent soldiers, saying, <q>Go, slay <q>Ala</q> with the pike, save the garrison +and take them captive.</q> When on the king's canal they attacked +Nabû-shar-uṣur, the colonel, he took them captive. Let the king, +my lord, inquire of them, as he can. The king, my lord, knows +how Bît-Amuḳâni is destroyed. The Puḳudu keep their land. The +soldiers with us have not set out, and they are the attackers, and we +abhor the alienation of territory. Let the king, my lord, give orders +and the soldiers shall set out against the cities, where they dwell. +</quote> + +<p> +It seems that the men of Pekod (see Jer. i. 21, Ez. xxiii. +23) had made an attack upon Bît-Amuḳâni and nearly destroyed +the country. Kudur moved into the country, but +sent for explicit orders as to what he should do. He +changes his subject rather abruptly at times and it is not +quite clear always of whom he is speaking. The most obscure +sentence is where he says that <q>we abhor the alienation +of territory,</q> literally <q>the sin of the land.</q> It seems +that a land sinned when it was occupied by an enemy. +</p> + +<p> +Ashurbânipal was deeply attached to his faithful servant, +as the following letter shows:<note place='foot'>H. 274.</note> +</p> + +<note place='margin'>His affectionate letter of thanks for the king's favors</note> +<quote rend='display'> +To the king of countries, my lord, thy servant Kudur. Erech and +E-anna (the temple there) be gracious to the king of countries, my +lord. Daily I pray to Ishtar of Erech and Nanâ for the health of +the king, my lord's life. Iḳîsha-aplu, the doctor, whom the king, my +lord, sent to heal me, has restored me to life. The great gods of +heaven and earth make themselves gracious to the king, my lord, and +establish the throne of the king, my lord, in the midst of heaven forever. +I was one who was dead and the king, my lord, has restored +me to life. The benefits of the king, my lord, toward me are manifold. +I will come to see the king, my lord. I say to myself, I will +go and I will see the face of the king, my lord; then I will return +and live. The chief baker made me return to Erech from the journey, +<pb n='359'/><anchor id='Pg359'/> +saying, <q>A special messenger has brought a sealed despatch to +thee from the palace, thou must return with me to Erech.</q> He sent +me this order and made me return to Erech. The king, my lord, +must know this. +</quote> + +<p> +The king had sent a doctor who had restored Kudur, +when he had despaired of himself. Then he started to +come and thank the king in person, but when on the road +the chief baker (if that was his right title) recalled him, +because a sealed despatch had reached Erech addressed to +him from the king. He sends at once this letter, not having +reached Erech again; at any rate, he does not refer to +the contents of the despatch. +</p> + +</div> + +<pb n='360'/><anchor id='Pg360'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>Letters About Elam And Southern Babylonia</head> + +<p> +<note place='margin'>The downfall of Elamite power</note> +In Elam, during the reign of Ashurbânipal, there was +a protracted series of revolutions, interspersed with invasions +of, or by, Assyria. The result was the utter decay of +Elamite power, and after Ashurbânipal's final reduction of +the country and sack of Susa, the land was an easy prey to +the Aryan invaders. From the story, as told by Ashurbânipal, +the Elamites richly deserved their fate, and lest we +should suspect him of undue partiality, the matter-of-fact +letters of his officers give us substantial grounds for crediting +his view. It seems that Urtaku, who came to the +throne of Elam in <hi rend='smallcaps'>b.c.</hi> 675, was always on good terms with +Assyria. We have a letter from Esarhaddon to him<note place='foot'>G. Sm., p. 24.</note> +in very friendly terms. It begins: +</p> + +<note place='margin'>A friendly letter from Esarhaddon to Urtaku</note> +<quote rend='display'> +Letter of Esarhaddon, King of Assyria, to Urtaku, King of Elam: +I am well. Peace to thy gods and goddesses. There is peace in my +land and with my nobles, peace be to Urtaku, King of Elam, my +brother. There is peace with my sons and my daughters, peace be +to thy nobles and thy land. Now what Ashur, Sin, Shamash, Bêl, +Nabû, Ishtar of Nineveh, Ishtar of Arbela, the gods ... have +said, I have (fully?) accomplished. +</quote> + +<p> +<note place='margin'>This friendship at first maintained by Ashurbânipal</note> +The rest is obscure by reason of lacunæ. The reverse +seems to be inscribed with numerals, perhaps relating to +items of presents sent. Ashurbânipal kept up the friendship, +and, when a famine broke out in Elam, allowed some +<pb n='361'/><anchor id='Pg361'/> +<note place='margin'>The Elamites invade Babylonia</note> +<note place='margin'>The punishment</note> +Elamites to take refuge in his land, and afterwards restored +them to their country. He also sent grain into Elam itself. +But, perhaps as consequence of having spied out the land, +the Elamites contrived to make Urtaku attack Assyria. He +was incited to this act by Bêl-iḳisha, prince of the Gambûlai, +who inhabited the marshes about the mouth of the +Uknû, or Blue River, perhaps the modern Karoon, bordering +on Elam. Bêl-iḳisha rebelled against Assyria, and with his +troops joined Elam. Nabû-shum-êresh, the <hi rend='italic'>TIK-EN-NA</hi>, apparently +sheik of the district of Dupliash, another Assyrian +subject, seems to have done the same. Marduk-shum-ibnî, +the general of Urtaku, who led the invasion, was evidently +not an Elamite, but perhaps a Chaldean, or renegade +Babylonian. At any rate, the Elamites invaded Akkad +and covered the land like grasshoppers. They laid siege to +Babylon. On the approach of the Assyrian army, the invaders +fled. Urtaku died. Bêl-iḳisha was killed by a wild +boar. Nabû-shum-êresh was smitten with dropsy and died. +<q>In one year the gods cut them off.</q> The throne of Elam +fell to Teumman, a brother of Urtaku, who maintained a +hostile attitude. Dunânu, son and successor of Bêl-iḳisha, +joined Teumman. Ashurbânipal accordingly invaded Elam, +defeated and slew Teumman, ravaged the land of Gambulû +and captured Dunânu, who was taken to Nineveh and made +to march in the triumphal procession, with the head of +Teumman slung about his neck, and was finally tortured to +death. +</p> + +<p> +<note place='margin'>Nabû-ushabshi's letters as governor of Southern Babylonia</note> +All the time that Shamash-shum-ukîn was king in Babylon, +Ashurbânipal seems to have retained the rule over +Southern Babylonia. At any rate, the governors of the +cities there wrote to him as their king and lord. The +above-mentioned revolt in Gambulû was a direct concern +of the governor of Erech, who seems to have suffered +severely. As late as the twentieth year of Ashurbânipal, +<pb n='362'/><anchor id='Pg362'/> +Nabû-ushabshi was governor there. We have many letters +from him to the king. One<note place='foot'>H. 269.</note> refers to the above events: +</p> + +<quote rend='display'> +To the king of countries, my lord, thy servant Nabû-ushabshi. +Erech and E-anna (the temple of Ishtar at Erech), be gracious to +the king of countries, my lord. Daily I pray to Ishtar of Erech +and Nanâ for the well-being of the life of the king, my lord. +The king, my lord, sent, saying, <q>Take troops and send against +Gambulû. The gods of the king, my lord, assuredly know how, +from the time that Bêl-iḳisha revolted from the hands of the king, +my lord, and went to Elam, he plundered my father's house and +went about to kill my brother.</q> +</quote> + +<p> +Then comes a break, in which the fragments indicate that +Nabû-ushabshi prayed daily for revenge. Then we read: +</p> + +<quote rend='display'> +Now as the king, my lord, has sent, I will go and fulfil all his bidding. +If on any ground, over there, the inhabitants of Gambulû +will not obey, if it be pleasing to the king, my lord, let a messenger +come and let us assemble all Akkad and we will go with him, +we will win back the land and give it to the king, my lord. I +have sent. Let the king, my lord, do what he will. Preserve this +letter. +</quote> + +<p> +The last request is very unusual, but we are glad it was +obeyed. Another of his letters refers to the intrigues of +Pir'-Bêl, son of Bêl-eṭir. This Bêl-eṭir may be the son of +Nabû-shum-êresh, who, with his brother, Nabû-nâ'id, was +carried captive to Nineveh, along with Dunânu, and there +made to desecrate the bones of their father. But it seems +possible that we have here to do with another Bêl-eṭir, as +these events seem earlier in the history. After the same +introduction as before, the letter<note place='foot'>H. 266.</note> reads: +</p> + +<quote rend='display'> +Pir'-Bêl, the son of Bêl-eṭir, sometime after he and his father +went, some ten years ago, to Elam, came again from Elam to Akkad, +he and his father. When they came, whatever was evil against Assyria, +they kept on doing in Erech. Afterwards when they went +back to Elam, Bêl-eṭir, his father, died in Elam; and he in Marchesvan +<pb n='363'/><anchor id='Pg363'/> +brought letters to me, and to Aplîa, the governor, we sent the +letters on by Daru-Sharru, the body-guard. +</quote> + +<p> +After some broken lines: +</p> + +<quote rend='display'> +<q>Now a certain servant of ... came with him to Erech.</q> +</quote> + +<p> +we read: +</p> + +<quote rend='display'> +If he say to the king, my lord: <q>I have come from the land of +Elam,</q> let not the king, my lord, believe him. From the time +when in the month of Marchesvan, he brought the letters and we +sent them to the king, my lord, until now, he has not returned to +Elam. If the king, my lord, desire to verify these words, Idûa, a +servant of Kudur, who brought him to Erech, the contents are +known to him [<hi rend='italic'>there are some very obscure phrases in the next two +lines</hi>], and those letters, what lies are written, let him tell the king, +my lord, and as to those letters, which, in the month of Marchesvan +we sent to the king, my lord, by the hands of Daru-sharru, if the +king, my lord, does not understand, let the king, my lord, ask Daru-sharru, +the body-guard. To the king, my lord, I have sent, let the +king, my lord, be aware. +</quote> + +<p> +<note place='margin'>Letters about presents sent to the sanctuary of Erech</note> +One event, very characteristic of the times, is the subject +of three letters. The sanctuary of Ishtar, at Erech, was +celebrated far and wide, and on one occasion the King of +Elam sent gifts to it. These Nabû-ushabshi seems to have +been unable to possess himself of, or to send to the king. +Thus, we read:<note place='foot'>H. 268.</note> +</p> + +<quote rend='display'> +To the king of countries, my lord, thy servant, Nabû-ushabshi +[<hi rend='italic'>after the same introduction as before</hi>]; +the sheep of the temple and +of the city Puḳudu are detained in the city Ru'ua, two shepherds of +them, one belonging to the temple, and the second from Puḳudu, +three white horses with harness and trappings of silver, and fittings +of bronze. On the trappings were written ... which the +King of Elam had sent to Ishtar of Erech. The horses, which they +brought, I will now preserve. Before the king, my lord, I was afraid +and in the temple I will not place them, until the shepherds bring +<pb n='364'/><anchor id='Pg364'/> +the three horses. To the king, my lord, I have sent, and the bronze +inscribed fittings, when I see them, I will send on to the king, my +lord. What the king my lord will, let him do. +</quote> + +<p> +The king replied:<note place='foot'>H. 273.</note> +</p> + +<quote rend='display'> +To Nabû-ushabshi, concerning the horses about which thou didst +send, as yet thou hast not sent them to me. I have sent Ashur-gimil-tirru, +the <hi rend='italic'>abarakku</hi>, and troops with him. Whatever is good +to do, that do; whether the River Ḥarru be dammed, or whether +those people come, and as to the contents of the letter which thou +didst send. Bêl-eṭir, Arbaia, the colonels, two hundred horses in +their hands, I have sent to thee; let them stand on your side, let +them do the work. +</quote> + +<p> +Evidently in consequence of this, we have another letter,<note place='foot'>H. 543.</note> +where both writer and recipient are unknown. It is much +injured, and while there are a few sentences intelligible, it +is not easy to say to what they refer. But on the reverse +after the first six or seven lines, the words of the last letter +are repeated verbatim. It is perhaps another letter from +the king to Nabû-ushabshi. The governors of Laḫiru and +Arbaḫa are said to be with the receiver of the letter. +</p> + +</div> + +<pb n='365'/><anchor id='Pg365'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>IX. Miscellaneous Assyrian Letters</head> + +<p> +<note place='margin'>Letters about omens and predictions</note> +A very interesting group may be made up of letters concerned +with omens and predictions. The Assyrian kings +were firm believers in omens. They did not venture upon +any great undertaking without consulting the augurs. We +have numerous letters telling the king what days were +propitious for certain projects which he had formed. For +the most part, the whole point is obscure to us. We know +neither the purpose he had, the omens relied on, nor the real +grounds of the decision. Very often translation is impossible. +In some cases the publication of the innumerable +omen texts may give some light on the subject, but +usually it is quite impossible to see how these were made +to apply to the actual case. It is very like the case of +Nebuchadrezzar's dream. We are without any data to +work from. +</p> + +<p> +<note place='margin'>About a fox's falling into a well</note> +Here is an example of some interest, and more easily +understood than many:<note place='foot'>H. 142.</note> +</p> + +<quote rend='display'> +To the king, my lord, thy servant Nabûa. May Nabû and +Marduk be gracious to the king, my lord. On the seventh of Kislev +a fox entered into the city, and fell into a well, in the grove of +Ashur. They got him out, and killed him. +</quote> + +<p> +Whether this was a good or evil omen, or even an omen +at all, we do not know. Nabûa is a very common name. +There are fourteen or fifteen astrological reports which bear +<pb n='366'/><anchor id='Pg366'/> +his name. In these he appears as an inhabitant of the city +Asshur. The name occurs some forty times in the contracts, +but it is clear that there were several of the name. +Perhaps the scribe who appears from <hi rend='smallcaps'>b.c.</hi> +668 down to post-canon +times may be our writer, but, as he lived at Nineveh, +that is doubtful. +</p> + +<p> +<note place='margin'>Regarding auspicious days for a journey</note> +Another case which is fairly intelligible is a letter of +Balasi and Nabû-aḫê-erba,<note place='foot'>H. 77.</note> +on a question of auspicious days +for a journey. It reads: +</p> + +<quote rend='display'> +To the king, our lord, thy servants, Balasi and Nabû-aḫê-erba. +Peace be to the king, our lord. May Nabû and Marduk be gracious +to the king, our lord. As to Ashur-mukîn-palêa, about whom the +king, our lord, has sent to us, may Ashur, Bêl, Sin, Shamash, and +Adad be gracious to him. May the king, our lord, see his well-being. +Things are auspicious for a journey. The second is auspicious. +The fourth extremely auspicious. +</quote> + +<p> +We have fairly frequent references to Ashur-mukîn-palêa +in a way that shows that he was delicate. From a letter of +Ardi-Nabû's we learn that the order of seniority in the +family of Esarhaddon was Ashurbânipal, Shamash-shum-ukîn, +Sherûa-eṭirat (a princess), Ashur-mukin-palêa, Sharru-shame-erṣiti-balâṭsu-(iḳbi). +He is often named in the letters, +usually as king's son. But despite his delicate health +he survived to be made high-priest of Sin at Ḥarrân, by +his royal brother, and even as late as <hi rend='smallcaps'>b.c.</hi> 648 his name occurs +in the contracts.<note place='foot'>A. D. D., 1053.</note> +</p> + +<p> +<note place='margin'>Balasi's letters about astrology</note> +Balasi is a frequent writer of astrological reports, some +five and twenty being preserved, besides some fifteen letters. +In the latter he is associated with Nabû-aḫê-erba no less +than seven times, once with Ishtar-shum-êresh also. In +these cases we probably have the same person. But the +name occurs often in the contracts, and there belongs to at +least three different men. Nabû-aḫê-erba was the writer of +<pb n='367'/><anchor id='Pg367'/> +some five and thirty astrological reports, besides some seven +or eight letters, usually with Balasi. The name belongs to +several persons named in the contracts. +</p> + +<p> +<note place='margin'>Ardi-Êa's letters of congratulation</note> +Ardi-Êa was also a frequent writer to the king. Besides +three or four astrological reports, he wrote nine letters to +the king. He is generally associated with Adadi-shum-uṣur, +Ishtar-shum-êresh, Akkullânu, or Marduk-shâkin-shum. But +one letter,<note place='foot'>H. 30.</note> +written to Sargon II., and mentioning Merodach-Baladan +II., clearly belongs to another Ardi-Êa. Most of +his letters are defective. The most intelligible<note place='foot'>H. 28.</note> +reads thus: +</p> + +<quote rend='display'> +To the king, my lord, thy servant Ardi-Êa. Peace be to the +king, my lord. May Nabû, Marduk, Sin, Ningal, and Nusku be +gracious to the king, my lord. Sin, Ningal (and other gods) shall +grant health, long days, to the king, my lord. Day and night I +pray for the life of the king, my lord. +</quote> + +<p> +<note place='margin'>Adadi-shum-uṣur's letters</note> +The great group of writers with whom he is associated +is responsible for a large number of letters. Adadi-shum-uṣur +wrote some thirty-five letters and five or six astrological +reports. He is especially prolix in his introduction. +Here is a specimen:<note place='foot'>H. 2.</note> +</p> + +<quote rend='display'> +To the king, my lord, thy servant Adadi-shum-uṣur. Peace be to +the king, my lord. May Nabû and Marduk be excessively gracious +to the king, my lord. The king of gods shall decree the name of +the king, my lord, to the kingdom of Assyria. Shamash and Adad, +in their changeless regard to the king, my lord, have confirmed him +in the kingdom of all lands. A gracious reign, settled days, years +of righteousness, plenteous rains, copious floods, high prices. The +gods are reverenced, the fear of God increased, the temples are +flourishing. The great gods of heaven and earth are exalted in the +reign of the king, my lord. Old men dance, young men sing, the +women and girls are given in marriage, the bridegrooms marry +wives, marriages are consummated, sons and daughters are begotten, +children are born. To those that have sinned and look for death, +the king, my lord, has given new life. Those that for many years +<pb n='368'/><anchor id='Pg368'/> +<note place='margin'>A plea for his son to be appointed to the court</note> +were captive, thou hast freed. They that many days were sick have +recovered. The hungry are satisfied. The lean grow fat. The +plantations are covered with fruits. Only I and Ardi-Gula among +them have our soul depressed, our heart disturbed. Lately has the +king, my lord, shown love for Nineveh, to his people, to his chiefs, +saying, <q>Bring your sons, let them stand before me.</q> Ardi-Gula, +my son is he, let him stand with them, before the king, my lord. +We with all the people will rejoice indeed, and dance for joy. My +eyes are set upon the king, my lord. They that stand in the palace, +all of them, love me not. There is not a friend of mine among +them, to whom I might give a present, and they would receive it, +and take up my cause. Let the king, my lord, take pity on his +servant. Among all those people, I hope none of my slanderers may +see the purpose of their hearts against me. +</quote> + +<p> +Judging from the frequent mention of Ardi-Gula in +other letters and that he wrote to the king about his sons, +Ashurbânipal and Shamash-shum-ukîn, we may be sure the +old courtier got his request, and that he was writing +to Esarhaddon. The letters of Adadi-shum-uṣur concern +domestic affairs, the sickness of one, an auspicious day, the +health of another, rarely does he mention any news of +public interest. The persons about whom he writes are +the members of the royal family, Esarhaddon's children +and the above-named circle of officials. The king sent him +to see certain sick folk,<note place='foot'>H. 1.</note> +he writes about an eclipse, or a +ring, or something of the sort. He usually gives a very +long introduction; often the real message occupies only a +few lines. +</p> + +<p> +<note place='margin'>Miscellaneous letters</note> +Marduk-shâkin-shum is another of the same group, with +twenty-five letters. They are of the same domestic nature +as the last. Ishtar-shum-êresh is the writer of a score of +letters and about thirty astrological reports. He was +evidently a younger member of the group, son of Nabû-zêr-lîshir, +and chief scribe to Ashurbânipal. In the reign +<pb n='369'/><anchor id='Pg369'/> +of Esarhaddon he ranked as a <foreign rend='italic'>mašmašsu</foreign>. Akkullânu, who +was an <foreign rend='italic'>êrib bîti</foreign>, of Asshur, writes sixteen letters and +some dozen astrological reports. +</p> + +<p> +<note place='margin'>Nabûa's letters about the calendar</note> +We have seen that in the second epoch the king had to +fix the time when intercalary months should be inserted. +In this period the calendar was very carefully regulated by +astronomical observations. As a new month began on the +day on which the new moon was seen, it is clear that a +month would often exceed twenty-nine days, but that a +new moon might sometimes be seen on the twenty-ninth. +Nabûa, the astronomer of the city Asshur, sends a number +of such letters as:<note place='foot'>H. 825.</note> +</p> + +<quote rend='display'> +On the twenty-ninth, we kept watch, we did not see the moon. +Nabû and Marduk be gracious to the king, my lord. From Nabûa +of Asshur. +</quote> + +<p> +So Nabû-shum-iddin writes:<note place='foot'>H. 816.</note> +</p> + +<quote rend='display'> +To the Gardener, my lord, thy servant Nabû-shum-iddin, the +<foreign rend='italic'>rabûte</foreign> of Nineveh. +Nabû and Marduk be gracious to the Gardener, +my lord. On the fourteenth we kept watch on the moon. The +moon suffered an eclipse. +</quote> + +<p> +The gardener, or rather irrigator, may be a royal title. +At present these observations are useless to us in our +attempts to fix chronology, as we do not know the month +and year of many of them. +</p> + +<p> +<note place='margin'>The queen-dowager's importance</note> +The queen-mother was always an important personage in +the state and she had very great influence indeed at court. +But probably few ladies ever obtained a higher degree of +power than did Naki'a, or Zakutu as she was also called, the +wife of Sennacherib and mother of Esarhaddon. She had a +sister Abirami.<note place='foot'>A. D. D., 70.</note> +The queen-mother resided in Laḫiru, but +there seem to have been more than one city of the name. +Her necklace, or some part of it, is in private possession +<pb n='370'/><anchor id='Pg370'/> +and has been described by Professor Scheil.<note place='foot'>Rec. +Trav., xx., p. 200.</note> She survived +her son, and, with her grandsons, Ashurbânipal, Shamash-shum-ukîn, +and the nobles of Assyria, issued a proclamation +to the empire, declaring Ashurbânipal the true heir to the +throne. +</p> + +<p> +<note place='margin'>Letter of Nâ'id-Marduk to her</note> +It is, of course, uncertain whether the person addressed +as mother of the king is always Zakûtu, since we cannot +always date the letters. But the letter of +Nâ'id-Marduk,<note place='foot'>W. Sm., p. 7.</note> +which names Ummanigash as King of Elam, was certainly +addressed to her. Nâ'id-Marduk was a son of Merodach +Baladan, who, in the reign of Esarhaddon, when his brother +Nabû-zêr-kînish-lîshir was killed by Ummanaldash II., threw +himself on the mercy of Esarhaddon and was by him made +ruler of his ancestral domain of Bît Jakin, as a vassal king. +He speaks for himself: +</p> + +<quote rend='display'> +To the mother of the king, my lord, thy servant Nâ'id-Marduk. +Peace be to the mother of the king, my lord. May Ashur, Shamash, +and Marduk give health to the king, my lord. May they decree the +cheer of heart of the mother of the king, my lord. From Elam they +came to me, saying, <q>They have seized the bridge.</q> When they +came, I sent to the mother of the king, my lord. Now let the +bridge be restored and the bolts of the bridge strengthened. They +say, <q>They have burnt it.</q> I have not sent them, we do not know. +They came, it was gone. To the mother of the king, my lord, I +will send. Do thou, my lord, send troops. The son of Ningal-iddina +has gone to the King of (Elam?) and taken the side of +Ḥubanigash. [<hi rend='italic'>Several lines follow +with only fragments of sentences.</hi>] +<q>Since these are trustworthy reports, whatever the Chaldees in future +send to the gods of the king, my lord. If a messenger of the King of +Elam does not bring messages to me, he shall enter and I will see +him, and whatever is his message, he shall explain until I understand.</q> +They came on the second of Ab, his messenger came to me to the +border; he did not pass over to hinterland, and I sent my messenger +to the palace. My lord, may he decide, and what is right for +the house of my lord, fulfil. +</quote> + +<pb n='371'/><anchor id='Pg371'/> + +<p> +It is evident that the writer regards the queen-mother as +so thoroughly identical with the king that he does not +scruple to address her as <q>my lord.</q> Despite several +lacunæ the general sense is clear. After the break the +passage in quotation marks seems to be quoted from a report +made to the writer. The sons of Ningal-iddina were +Sin-tabni-uṣur, Sin-balâṭsu-iḳbi, and Sin-shar-uṣur, all of +whom were in important commands in Southern Babylonia. +It seems probable that the events referred to in this letter +are those which led up to the Elamite invasion of Babylonia, +when they came raiding as far as Sippara. Esarhaddon +was away at the time in the west. There is no record +of how they were driven back. +</p> + +<p> +Here is a letter from the king to his mother:<note place='foot'>H. 324.</note> +</p> + +<note place='margin'>King's letter to her</note> +<quote rend='display'> +Message of the king to the king's mother: I am well. Peace be +to the king's mother. Concerning Amushe's servant, what thou +didst send me, as the king's mother has told me, I will at once order. +What thou hast said is extremely good. Wherefore should Ḥamunai +go? +</quote> + +<p> +The meaning is obscured for us by our complete lack of +information as to the persons concerned. We may conjecture +that Ḥamunai was the servant of Amushe, but we do +not know. However, we see that the queen mother gave +good advice. +</p> + +<p> +<note place='margin'>Aplîa's cordial letter to her</note> +Zakûtu must often have been a prey to great anxiety, +left in command as she was in Assyria, with her warrior +son nearly always away and such awkward neighbors as +the Elamites. But she was on the whole faithfully served. +It seems that the proud nobles of Assyria became restless +during Esarhaddon's long absences, for we learn from the +Babylonian Chronicle that, in <hi rend='smallcaps'>b.c.</hi> 670, Esarhaddon put a +number of them to death. Here is a letter, however, from +an attached subject:<note place='foot'>H. 303.</note> +</p> + +<pb n='372'/><anchor id='Pg372'/> + +<quote rend='display'> +To the mother of the king, my lady, thy servant Aplîa. May +Bêl and Nabû be gracious to the mother of the king, my lady. +Every day I pray Nabû and Nanâ for life and health and length +of days, for the king of lands, my lord, and for the mother of the +king, my lady. May the mother of the king, my lady, be bright. +A messenger of good news from Bêl and Nabû has come from the +king of lands, my lord. +</quote> + +<p> +There is a suggestion in the mention of Nanâ that Aplîa +wrote from Erech. He may be the Aplîa afterwards associated +with Bêl-ibnî and Kudur in the south. If so, we +may suppose that the messenger came from Esarhaddon, +from Egypt, by way of Southern Babylonia. One would +suppose that a messenger from Canaan, or the west, would +reach Nineveh, before Chaldea. But, of course, the queen-mother +may have been at Laḫiru. Only it is doubtful +whether she lived there, while Esarhaddon was away. +</p> + +<p> +It is more likely still that the Aplîa is the same as the +<foreign rend='italic'>râb ali</foreign> of Laḫiru, +who in <hi rend='smallcaps'>b.c</hi>. 678 was over the house of the +queen-mother there.<note place='foot'>A. D. D., No. 301.</note> +</p> + +<p> +<note place='margin'>Asharîdu's letter of loyalty</note> +Another letter<note place='foot'>H. 254.</note> conveys assurance of fidelity: +</p> + +<quote rend='display'> +To the mother of the king, my lord, thy servant Asharîdu. May +Nabû and Marduk be gracious to the mother of the king, my lord. +Daily I pray to Nêrgal and Lâz for the life and health of the king, +and the king's mother, my lords. There is peace in the city and +temples of the king and now I keep the watch for the king, my lord. +</quote> + +<p> +That Asharîdu is the same as the writer of some thirty +astrological reports who was the son of Dankâ, a +<foreign rend='italic'>ḳatnu</foreign>, +and servant of the king, may be doubted. He is more likely +to be the author of several letters who seems to have been +connected with Borsippa. Another letter<note place='foot'>H. 368.</note> +is from Nêrgal-sharâni +in response to another about some sacrifices, sent +by the queen-mother. He prays for a thousand years of +rule for Esarhaddon, so there can be no mistake about the +<pb n='373'/><anchor id='Pg373'/> +period. He recounts the preparations made—an ox, two +sheep, and two hundred geese. But he says that Ninḳai, +the handmaid of the queen-mother, for some reason, will +not perform the sacrifice. The queen-mother is asked to +send authority for someone to open the treasury and perform +the work. The letter is defective and obscure by +reason of unknown words. Nêrgal-sharâni may be the same +Ashur-shum-uṣur who so often writes to the king about +this time. Again Nabû-shum-lîshir writes to the +queen-mother<note place='foot'>H. 263.</note> +about a woman, Kallati, who was intrusted to the +writer in the house of Shama', and about some sheep. +</p> + +<p> +<note place='margin'>Medical letters</note> +<note place='margin'>Medical records numerous</note> +Another group includes the letters which refer to medical +treatment. Here especially Dr. C. Johnston, himself a +medical man, has made a most valuable start in his Assyrian +<hi rend='italic'>Epistolary Correspondence</hi>, and we can hardly do better than +to follow his guidance. As a rule, what these ancient peoples +said and thought of disease is very obscure to us. Many +terms were then, as now, used in the medical vocabulary +which were well known in ordinary language, but which +were given a distinctly different technical meaning. Great +attention was paid to surgery and medicine, as is shown by +the clauses in the Code.<note place='foot'>§§ 215-21.</note> +There are also a great number of +tablets dealing with medicine, some of which have been +published. Long ago Professor Sayce discussed one such +text under the title, <q>An Ancient Babylonian Work on +Medicine,</q><note place='foot'>Z. K. F. II.</note> and from the British Museum +Catalogue fully four hundred and fifty such texts are known. Dr. C. F. H. +Küchler in his <hi rend='italic'>Beiträge zur Kenntniss der Assyrischen +Medicin</hi> has made great progress toward settling the reading +and meaning of certain words and phrases. Dr. Baron +Felix von Oefele, who has devoted much study to ancient +medicine in general, has made noteworthy contributions to +the study, by his articles in learned journals. Still, the +<pb n='374'/><anchor id='Pg374'/> +<note place='margin'>Exorcism as well as healing the duty of a physician</note> +great obstacle is that so much of the materia medica, which +was a very full one, is unknown; and the diseases appear +under names which do not assist us in determining the +meaning. The medical treatises considered affections of all +parts of the body, and made much of symptoms. They +prescribe roots and oils and a great variety of powdered +drugs. Some of the treatment is evidently based on extended +trial and observation. But also much reliance was +placed on charms, and diseases were associated with demons. +To drive away the demon, as well as cure the pain, was the +doctor's duty. There was full recognition of the mental +factor in sickness. +</p> + +<p> +<note place='margin'>A letter reporting the progress of a disease</note> +With considerable hesitation the following two letters +from the physician Ardi-Nanâ to the king Esarhaddon are +given, in which Dr. C. Johnston's rendering is closely followed. +In the first, Ardi-Nanâ reports on the state of a +patient, perhaps one of the young princes, who was suffering +from a disease of the eyes, or perhaps facial erysipelas. He +was progressing so well that the physician piously opines +that some god has taken the case under his care. The gods +who were special patrons of the healing art were Ninip +and Gula, whose blessing the physician accordingly invokes. +We read:<note place='foot'>H. 392.</note> +</p> + +<quote rend='display'> +To the king, my lord, thy servant Ardi-Nanâ. May it be peace +in the highest degree to the king, my lord; may Ninip and Gula +give cheer of heart and health of body to the king, my lord. It is +extremely well with that poor man whose eyes are diseased. I had +applied a dressing to him, it covered his face. Yesterday, at evening, +I undid the bandage which held it, I removed the dressing +which was upon him. There was pus upon the dressing as much as +the tip of the little finger. Thy gods, if any of them has put his +hand to the matter, he has indeed given his order. It is extremely +well. Let the heart of the king, my lord, be cheered. In seven or +eight days he will be well. +</quote> + +<pb n='375'/><anchor id='Pg375'/> + +<p> +There is also another letter<note place='foot'>H. 108.</note> from Ardi-Nanâ to the king, +but part of it is too defective to render. It begins in exactly +the same way as before, save that greeting is also sent +to the king's son. +</p> + +<quote rend='display'> +For the cure which we wrought on ... we were given five-sixths +of a shekel. The day he came, he recovered, he recovered his +strength, he stayed until.... Concerning the patient who had +blood run from his nose, the messenger has told me, saying, <q>Yesterday, +at evening, much blood ran.</q> Those dressings are not with +knowledge. They have been placed upon the breathing passages of +the nose and oppress the breathing and come off, because of the +bleeding. Let them be placed within the nostrils, they will preserve +the breath and the blood will be held back. If it is right in the +sight of the king, in the morning I will come and prescribe for him. +Now let me hear his well-being. +</quote> + +<p> +The messenger here was a <hi rend='italic'>RAB MU-GI</hi>, in which title it +has been proposed to see the original of the Rabmag of +Jeremiah xxxix. 3. He was a high official charged with the +care of horses and chariots, and here sent to hear news of +the patient. There is no evidence that he had any medical +knowledge himself. In another letter,<note place='foot'>H. 109.</note> Ardi-Nanâ writes +concerning Ashur-mukîn-palêa, a younger son of Esarhaddon +and brother of Ashurbânipal. He bids the king +not to fear. The young prince seems to have been in the +doctor's care. Further he writes about the health of a tooth +(of the prince's?) about which the king had sent to inquire. +He had greatly improved its condition (literally, uplifted its +head). In another letter,<note place='foot'>H. 110.</note> also partly defective, he +directs the king to anoint himself as a protection against draughts +(?), to drink pure water, and to wash his hands frequently +in a bowl. Presently the rash (?) will disappear. In +another still more defective letter<note place='foot'>H. 111.</note> he mentions the plant +<foreign rend='italic'>martakal</foreign>, to which magical efficacy was ascribed. Another +<pb n='376'/><anchor id='Pg376'/> +long letter,<note place='foot'>H. 391.</note> after the same complimentary opening as the +others, goes on: +</p> + +<quote rend='display'> +Continually has the king, my lord, said to me, thus, <q>The nature +of my disease is this, thou hast not seen to it, its recovery thou hast +not effected.</q> Formerly I said before the king, my lord, <q>The ulcer +is incurable (?), I cannot prescribe for it.</q> Now, however, I have +sealed a letter and sent it. In the presence of the king, let them +read it, I will prescribe for the king, my lord. If it be agreeable to +the king, my lord, let a magician do his work on him. Let the +king apply a lotion (?). Shortly the sore will be loosed. This lotion +of oils (?) let the king apply two or three times. The king will +know if the king says ... +</quote> + +<p> +The rest is obscure, simply because we do not know what +the disease, or remedy, was. +</p> + +<p> +Shamash-mîtu-uballiṭ, probably the youngest son of Esarhaddon, +writes to the king, but whether to his father or his +brother Ashurbânipal does not seem clear, about the health +of a lady, in whose well-being the king seemed to take +interest.<note place='foot'>H. 341.</note> +</p> + +<quote rend='display'> +To the king, my lord, thy servant Shamash-mîtu-uballiṭ. Verily +peace be to the king, my lord, may Nabû and Marduk be excessively +gracious to the king, my lord. Verily the king's handmaid, Bau-gâmelat +is excessively ill, she can eat nothing. Forsooth let the +king, my lord, send an order and let a doctor come and see her. +</quote> + +<p> +<note place='margin'>Letters regarding the appointment of officials</note> +There is also an interesting letter concerning the appointment +of a successor to a dead official,<note place='foot'>H. 577.</note> sent by a writer +whose name is lost: +</p> + +<quote rend='display'> +To the king, my lord, thy servant, ... verily peace to the +king, my lord. May Ashur and Beltu be gracious to the king, my +lord. Concerning the overseer of the house of the seers, who is dead, +as I said in the presence of the king, my lord, to wit, his son, his +brother's son, are alive. Now his son, his brother's son, and Simânai, +the son of Nabû-uballiṭ, and the son of the father's brother, of Ashur-nâ'id, +the deputy priest, with them, shall come into the presence of the +<pb n='377'/><anchor id='Pg377'/> +king, my lord. Whoever shall find favor in the sight of the king, my +lord, let the king, my lord, appoint. +</quote> + +<p> +It is clear that succession was not purely hereditary. +Even when the son was alive, he might be passed over in +favor of a cousin, or for a still more distant relation. There +are many other interesting cases where the king inquires +for the proper persons to be placed in the offices vacated +through death or deposition. For example, when Esarhaddon +began to set in order the temple services, he heard +the following report:<note place='foot'>H. 43.</note> +</p> + +<quote rend='display'> +To the king, my lord, thy servant Akkullânu. Peace be to the +king, my lord. Nabû and Marduk be gracious to the king, my lord. +In the long desuetude of the customary rights of Ashur, regarding +which the king, my lord, sent word to his servant, saying, <q>Who +among the magnates have not complied, have not given, be it much +or little (their default),</q> yesterday I could not write to the king, +my lord. Now these are the magnates who have not given their dues: +the governors of Barḫalza, Raṣappa, Kalzi, Isana, Bêlê, Kullania, +Arpadda; these have failed to pay their dues. Raṣappa, Barḫalza, +Diḳuḳina, the chief of the vineyards, Daian-Adadi, Isana, Ḫalziatbar, +Birtu, Arzuḫina, Arbailu, Guzana, Sharish, Diḫnunna, Rimusu, all +these have not given the barley and wheat due from them. And +as to the overseer of the bakehouse, the overseer of the larder and +the chief purveyors, concerning whom the king, my lord, inquired, +they are removed from their posts, and this is alleged as the reason: +The overseer of the bakehouse is a child, Sennacherib removed him; +Ashur-zêr-iddin, the priest of Nineveh, slandered him. I was frightened +at the troubles. He had not committed any great crime.... +The overseer of the larder had broken (?) a dish of Ashur's, for this +deed thy father removed him from charge of Ashur's dish, and appointed +a turban-maker's son; he is without education. And concerning +the chief purveyors, Sennacherib made a reduction of their +allowances, and the son of the turban-maker receives the rest. Now +for six years he has been dead and his son indeed stands in his office. +Justice has been in abeyance since Sargon. Sennacherib was the remover. +<pb n='378'/><anchor id='Pg378'/> +This is according to their reasons. The king, my lord, as +he will, let him do. +</quote> + +<p> +The text is difficult, partly because some signs are defaced, +partly because some words could be read more ways than +one, and others are obscure. It seems quite clear that the +cult of Ashur had greatly suffered. We know from the +Ḥarrân census that certain lands were charged with dues +to the temples, others with salaries to officials. The list of +defaulters is of geographical value. The deposition of rightful +temple officers and the intrusion of unworthy substitutes, +on slight grounds, is charged to Sennacherib. He +was evidently estranged from the cult of Ashur. Doubtless +a comparison of other letters will clear up some of the +obscurities, but sufficient is clear to indicate the importance +of such documents. +</p> + +<p> +<note place='margin'>Women's letters</note> +It is of interest to note that we have a few letters sent by +women. We may select the following:<note place='foot'>H. 220.</note> +</p> + +<quote rend='display'> +To the scribe of the palace, my lord, thy handmaid Sarai. Bêl, +Bêltu (of Nineveh?), Bêltu of Babylon, Nabû, Tashmetum, Ishtar +of Nineveh, Ishtar of Arbela, be gracious to my lord. Long days, +health of mind, health of body, may they give to my lord. The servants +of my lord, whom the governor of Bît Naialani took, seven +souls in all, he gave to Marduk-erba. Now the people are here, they +have come to me and say thus: <q>Say to the scribe of the palace, Do +not cause them to enter into the house of Marduk-erba.</q> The +<foreign rend='italic'>šâḳu</foreign> +has sealed for them, now he is with them. +</quote> + +<p> +Evidently the lady Sarai had great influence with the scribe +of the palace; perhaps she was his wife. The reason why +the governor took certain servants of his and gave them to +Marduk-erba is not clear. Perhaps they were sold for some +government claim. It seems that the lady wished to keep +them back, but that the purchaser had called and was about +to take them away, unless the scribe in some way intervened. +</p> + +<pb n='379'/><anchor id='Pg379'/> + +<p> +<note place='margin'>Private letters</note> +A few quite private letters found their way into the +archives of Nineveh, unless indeed this is a mere freak of +the discoverers. Thus:<note place='foot'>H. 345.</note> +</p> + +<quote rend='display'> +Note from Marduk to Kurigalzu, his brother: Bêl and Nabû seek +the peace of my brother. Wherefore have I not seen thy messenger? +Until he enter Borsippa, when I see thy messenger, my heart shall +drink the wine of joy. Let my brother send so many pots. +</quote> + +<p> +Here is another from Borsippa:<note place='foot'>H. 219.</note> +</p> + +<quote rend='display'> +Note from Bêl-upaḳ to Kunâ, his father: Peace be to my father. +Daily I pray to Nabû and Nanâ for my father's health of life and I +have fulfilled the duty to Ezida (the temple of Nabû at Borsippa) +for thy sake. When I inquired of Mâr-bîti (a divine name) for thy +sake, a fixed time of peace was taken up to the fourth day. Thy +workman is informed concerning everything whatever is safe according +to his (the god's) word. +</quote> + +<p> +<note place='margin'>Reports and lists</note> +As before remarked, many letters are notices of the movements +of horses. These are really obscure in that we do not +know what the real purpose of the reports was. They are +very similar to many reports which lack the form of address +that marks a letter. Many of the terms applied to +the horses are also obscure and there is no way to translate +them. In other cases we have reports to the king or his +officials on various every-day subjects. A list of slaves +assigned to one or more men, a list of guests, men of high +rank, sent to stay with certain officials, lists of furniture and +effects, including books, sent to Ḥarrân with one of the +princes, all serve to throw light upon the daily life at the +court of Nineveh. Incidentally we have many hints for +history as well as life and manners. But such lists and +reports do not lend themselves to translation. +</p> + +<p> +<note place='margin'>Inquiries of the oracles</note> +A group of texts, very similar to the letters, only with +an especial character of their own, are the inquiries addressed +by Esarhaddon and Ashurbânipal to the oracle of +<pb n='380'/><anchor id='Pg380'/> +the sun-god. Their great interest lies in the fact that they +usually state the events which cause the king's anxiety +and so make important contributions to history. But the +larger part of them consist of a detailed statement of what +omens have been observed by the augurs on examining the +entrails of the sacrifices. On these it is probable that the +sun-god was to base his opinion. He would know and +declare what they portended. +</p> + +<p> +<note place='margin'>Metrology</note> +Occasionally a letter serves to make a contribution to +some subject which is of interest apart from the events of +the day. Thus, information is furnished regarding metrology +in a letter primarily concerned with materials for the +repair of a temple or palace.<note place='foot'>H. 566.</note> There we read of <q>six +articles of <foreign rend='italic'>mismakanna</foreign> wood, six +<hi rend='italic'>ḲA</hi> apiece, one cubit long and +one cubit thick.</q> The thickness is clearly a cubit each way, +and we learn that a cubit cube contained six <hi rend='italic'>ḲA</hi>. There +are many letters and fragments which concern beams of +wood and stones sent from great distances for buildings and +repairs. When these are all published and considered together, +no doubt they will clear up the difficulties which at +present render translation impossible. +</p> + +<p> +<note place='margin'>Diary of a journey</note> +A fragmentary report—it may have been a letter—gives +a diary of a journey. If we could complete it, or find a few +more like it, we should have a knowledge of geography +such as we have not for any other part of the world for early +times.<note place='foot'>A. D. D., No. 1096.</note> We may summarize it as follows: On +the sixth, the writer went from Bagarri to Sarî, from Sarî to Arzuḫina, from +Arzuḫina to Tel-Arzuḫina. He stated the distances from city +to city, but these are now lost. This was the first journey. +The second journey was from Tel-Arzuḫina to Dûr-sisite. +The third journey was from Dûr-sisite to Maturaba, from +Maturaba to Dûr-Taliti. The fourth journey was from +Dûr-Taliti to Babiti, from Babiti to Lagabgalagi. The fifth +<pb n='381'/><anchor id='Pg381'/> +journey was from Lagabgalagi to the river Radânu, thence +to Asri. The sixth journey was from Asri to Arrakdi. +The seventh journey was from Ḥualsundi to Napigi, thence +to Dûr-Ashur. Here we get the whole distance from Arrakdi +to Dûr-Ashur as <hi rend='italic'>two kaspu, twenty-four uš, twenty-four +u</hi>. The identification of these places would be of enormous +value for a determination of the Assyrian measures of +length. The distances are correct to the cubit. The eighth +journey was from Dûr-Ashur to Tarzini, thence to Banbala. +The ninth journey was from Banbala to Ishdi-dagurrai, +thence to Gupni-Bêl-Ḥarrân, <hi rend='italic'>one kaspu, five uš, fifty-four u</hi>. +The tenth journey was from Gupni-Bêl-Ḥarrân to Dûr-Adadi-rîmâni, +thence to Dûr-Tukulti-apil-esharra, on the +seventeenth. Several of these places are already known. +Others may be identified with some certainty. The whole +would have a great value if preserved complete. +</p> + +</div> + +<pb n='382'/><anchor id='Pg382'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>X. Letters Of The Second Babylonian Empire</head> + +<p> +<note place='margin'>Business letters</note> +Some Babylonian letters of the Second Empire are to be +found in the great collections published by Strassmaier. +For the most part they are of a business nature, asking for +some payment to be made or some object sent on. +</p> + +<p> +Thus,<note place='foot'>Nbd. 574.</note> one reads: +</p> + +<note place='margin'>Order for seed</note> +<quote rend='display'> +Note from Nabû-shum-lîshir to Bêl-uballiṭ and Ki ... +my brothers. Bêl and Nabû decree the well-being of my brothers. +Two <hi rend='italic'>GUR</hi> of dates to Bêl-nâṣir, two <hi rend='italic'>GUR</hi> +to Shamash-pir'-uṣur, from +the store for seed let my brothers give. Adar the ninth, year +eleven, Nabonidus, King of Babylon. +</quote> + +<p> +Or,<note place='foot'>Nbd. 1134.</note> +</p> + +<note place='margin'>Another for supplies</note> +<quote rend='display'> +Note from Shamash-erba to Ḥâr-ibnî, my brother: When I send +Shamash-uballiṭ to thy presence, do thou send ninety <hi rend='italic'>ḲA</hi> of meal +by his hand. Verily thou knowest. Besides the twelve <hi rend='italic'>ḲA</hi> of meal +before is this. Adar the thirteenth. +</quote> + +<p> +A somewhat longer but imperfect letter<note place='foot'>Nbk. 460.</note> reads: +</p> + +<note place='margin'>Explanation of the filling of an order</note> +<quote rend='display'> +Note of Nadinu to the priest of Sippara, my brother: Verily, +peace be with thee. To my brother, may Bêl and Nabû decree the well-being +of my brother. When to my brother I [send], to the presence +of my lord.... Thou, my lord, knowest why seeds for the +<foreign rend='italic'>kêpu</foreign> of Raḫza I sent, and money for +the seeds I gave him. He received +it. Let me hear news and the welfare of my brother. +</quote> + +<pb n='383'/><anchor id='Pg383'/> + +<p> +Of some interest for the nature of public works is:<note place='foot'>Cyr. 207.</note> +</p> + +<quote rend='display'> +Note from Shâpik-zêr to Ḥâr-ibnî, my brother: The gods decree +thy well-being. Give ninety-six <hi rend='italic'>ḲA</hi> of meal to the men who are +digging the canal. Kislîmnu, the twentieth, fifth year, Cyrus, King +of Babylon, king of lands. +</quote> + +<p> +Or this:<note place='foot'>Cyr. 209.</note> +</p> + +<note place='margin'>Requisition for supplies for canal digging</note> +<quote rend='display'> +Note from the priests to Ḥâr-ibnî, our brother: The gods decree +thy welfare. Give thirty-six <hi rend='italic'>ḲA</hi> of meal to Ardi-Ḥâr, for the king's +men who dig the canal. Kislîmnu the twenty-fifth, year five, Cyrus, +King of Babylon, king of lands. +</quote> + +<p> +The following is another of the best-preserved letters of +this period:<note place='foot'>Cyr. 376.</note> +</p> + +<note place='margin'>Request for some money</note> +<quote rend='display'> +Note from Nêrgal-aḫ-iddin to Iddin-Marduk, my father: Bêl and +Nabû decree the health and well-being of my father. Concerning +the money my father sent; the money is little, which has been given +for dates. Two minas of silver is needed. Let my father send it. +Concerning that (?), as it is good to thee. I have none. See, Nabû-mattûa +I have sent to my father. The governor has gone to +Babylon. As long as he is not here (?) at his side, he demands. +Let me hear news of my father. Whether it be corn or whether it +be anything that is with me, I will give to my father. Thy word +is indisputable with me. +</quote> + +<p> +<note place='margin'>Fragmentary notes</note> +For the most part the others are fragmentary and of no +special interest. It is noteworthy that they all begin with +much the same form of greeting. +</p> + +<p> +Dr. T. G. Pinches published the text of three letters of +this period in <hi rend='italic'>Recueil des Travaux</hi>.<note place='foot'>XIX., +p. 104 f.</note> Two are very fragmentary; +the third reads thus: +</p> + +<quote rend='display'> +Note from Suḳâ to Bêl-zêr-ibnî, my father: May Bêl and Nabû +decree health and wealth to my father. Now I am going without +the ass. Give the ass to Shamash-eṭir; let him send it. Give him +the clothes (?). +</quote> + +<pb n='384'/><anchor id='Pg384'/> + +<p> +Here is an interesting letter:<note place='foot'>Peek-Pinches, No. 22.</note> +</p> + +<quote rend='display'> +Note from Daian-bêl-uṣur to Shirḳu, my lord: Every day I pray +to Bêl and Nabû for the health of my lord's life. Concerning the +lambs, which my lord sent, Bêl and Nabû know that there is a lamb +from before thee. I have set the crop and fixed the stable. I have +seen thy servant with the sheep; send thy servant with the lambs, +and direct that one lamb from among them be offered as a gift to +Nabû. I have not turned so much as one sheep into money. On +the twentieth I worked [or sacrificed] for Shamash. I saw fifty-six. +From his hands I sent twenty head to my lord. The garlic which +the governor received from my lord, the owners of the field, when +they came, took possession of; the governor of fields sold it for +money. I am deprived of the yoke of the harrow (?). As to what +my lord said to me, saying, <q>Wherefore hast thou not sent a messenger +and measured out the crop?</q> Forthwith (?) I will send to +thee, let a messenger of thy appointing (?) take it and keep it. +</quote> + +<p> +Several words in this text are not found elsewhere, but +very strangely we know much about the persons. Shirḳu, +whose other name was Marduk-nâṣir-aplu, son of Iddinâ, +was of the important commercial house of Egibi, and lived +in the reign of Darius. He was a great ship-owner, and had +the tolls of a certain bridge. He travelled to Elam in the +fifth year of Darius. A great many of his business transactions +are detailed by Dr. Pinches.<note place='foot'>Peek-Pinches, pp. +85 ff.</note> Daian-bêl-uṣur and +his wife Nanâ-bêl-uṣri were slaves of Shirḳu, who pledged +them with their six children, at one time. In the sixteenth +year of Darius their master gave them as part of her dowry, +to Amat-Bau, daughter of Kalbâ. They lived in the town +of Suppatum. +</p> + +<p> +The reader has now before him a few specimens of this +extremely valuable but very obscure class of literature. As +time and study avail to clear up the obscurities, much more +will be learned of the life and customs of these ancient peoples. +Enough may have been given to stimulate research, +<pb n='385'/><anchor id='Pg385'/> +and interest a wider circle of readers. It is the writer's +hope that many may be led, even by these scattered and +disjointed specimens, to undertake such studies as may +render more perfect his slight contribution and rescue from +oblivion the heroes of a bygone civilization. +</p> + +</div> + +</div> + +<pb n='389'/><anchor id='Pg389'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>Appendix</head> + +<div> +<index index='toc'/> +<index index='pdf' level1='I. The Prologue And Epilogue To The Code Of Hammurabi'/> +<head>I. The Prologue And Epilogue To The Code Of Ḥammurabi</head> + +<p> +The prologue and epilogue of the Code are very difficult to translate. +Often the phrases are simply stock expressions which occur in +most of the royal inscriptions. The meanings of many of these have +degenerated to mere titles of courtesy and their original significance +is obscure. But early translators found no difficulty in guessing the +most complimentary things to say, and more recent scholars in their +efforts to be exact become grotesque. When an ancient king called +himself a <q>rabid buffalo</q> it doubtless gave him satisfaction, but it +would be very rude for us to do so. On the other hand, it is very +tiresome to an English reader to read a sentence of three hundred +lines in length before coming to a principal verb. Such a sentence, +a string of epithets and participles, is here broken up into short +clauses and the participles turned into finite verbs. This is done, +not because the translator is entirely ignorant of grammar, but in +pity for the reader. This further necessitates turning the third person +singular, in which the king speaks of himself, like a modern +acceptance of an invitation to dinner, into the more simple direct +narration in the first person. Anyone who wishes to compare this +translation with the original will please recall that this is done for +ease in understanding, not because the original was misunderstood. +</p> + +<p> +A more serious difficulty is, that, as it was customary to apply the +same honorific titles to both a god and the king, it is often uncertain +to which the original meant to apply them. This may have been left +intentionally vague. Some translators have taken on themselves to +settle to which they will refer the epithet, to the god or to the king. +Such translations are only interesting as a record of private opinions. +They settle nothing, do not even give a presumption in favor of +anything. It is more honest to leave the translation as vague as the +<pb n='390'/><anchor id='Pg390'/> +original, when this can be done. This part of the stele is full of +rare words, or what is just as bad, words which invariably occur in +the same context. If a king calls himself by some strange honorific +title, it is no assistance to understanding the meaning of it that a +score of successors should do the same. Of many words, all we can +conjecture is that the king was honored by them. There is nothing to +indicate what they really meant. In some cases <q>mighty</q> is as +likely to be correct as <q>wise.</q> There is no reason why we should +prefer either rendering. Both can hardly be right, neither may +really be. Some king may once have prided himself on being an +expert potter, as a modern monarch might on being a photographer. +If he called himself on a monument a <q>superb potter,</q> all his successors +would keep the title, though they never made a pot in their +lives. We have only to peruse the titles of modern monarchs to be +sure of the fact. It is, therefore, to be hoped that no one will build +any far-reaching theories upon logical deductions from the translations +given here or elsewhere of such honorific titles. +</p> + +<p> +Prologue To The Code Of Ḥammurabi +</p> + +<p> +When the most high God (Anu), king of the spirits of heaven +(Anunnaki), (and) Bêl, lord of heaven and earth, who settles the fates of +all, allotted to Marduk, the first-born of Ea, the lord God of right, +a rule over men and extolled him among the spirits of earth (Igigi), +then they nominated for Babylon a name above all, they made it +renowned in all quarters, and in the midst of it they founded an +everlasting sovereignty, whose seat is established like heaven and +earth; then did God (Anu) and Bêl call me by name, Ḥammurabi, +the high prince, god-fearing, to exemplify justice in the land, to banish +the proud and oppressor, that the great should not despoil the +weak, to rise like the sun over the black-headed race (mankind) and +illumine the land, to give health to all flesh. Ḥammurabi the (good) +shepherd, the choice of Bêl, am I, the completer of plenty and +abundance, the fulfiller of every purpose. For Nippur, and Dûrili +(epithet of Nippur or part of it?), I highly adorned Ê-KUR (the +temple of Bêl there). In powerful sovereignty I restored Eridu and +cleansed Ê-ZU-AB (temple of Ea there). By onslaughts on every +side (the four quarters) I magnified the name of Babylon and rejoiced +the heart of Marduk my lord. Every day I stood in Ê-SAG-GIL +(the temple of Marduk at Babylon). Descendant of kings whom +<pb n='391'/><anchor id='Pg391'/> +Sin had begotten, I enriched the city of Ur, and humbly adoring, was +a source of abundance to Ê-NER-NU-GAL (the temple of Sin at Ur). +A king of knowledge, instructed by Shamash the judge, I strongly +established Sippara, reclothed the rear of the shrine of Aya (the +consort of Shamash), and planned out Ê-BAB-BAR (temple of Shamash +at Sippara) like a dwelling in heaven. In arms I avenged Larsa +(held by the Elamite, Rim-Sin), and restored Ê-BAB-BAR (temple of +Shamash at Larsa) for Shamash my helper. As overlord I gave +fresh life to Erech, furnishing abundance of water to its people, and +completed the spire of Ê-AN-NA (temple of Nanâ at Erech). I completed +the glory of Anu and Ninni. As a protector of my land, I +reassembled the scattered people of Nisin (recently reconquered from +the Elamites) and replenished the treasury of Ê-GAL-MAḤ (temple +of Nisin). As the royal potentate of the city and own brother of +its god Zamama, I enlarged the palace at Kish and surrounded with +splendor Ê-ME-TE-UR-SAG (the temple at Kish). I made secure the +great shrine of Ninni. I ordered the temple of Ḥarsagkalama +Ê-KI-SAL-nakiri, by whose assistance I attained my desire. I restored +Kutha and increased everything at Ê-SID-LAM (the temple there). +Like a charging bull, I bore down my enemies. Beloved of TU-TU (a +name of Marduk) in my love for Borsippa, of high purpose untiring, I +cared for Ê-ZI-DA (temple of Nabû there). As a god, king of the +city, knowing and farseeing, I looked to the plantations of Dilbat and +constructed its granaries for IB (the god of Dilbat) the powerful, the +lord of the insignia, the sceptre and crown, with which he invested +me. As the beloved of MA-MA (consort of IB), I set fast the bas-reliefs +at Kish and renewed the holy meals for Erishtu (goddess of +Kish). With foresight and power I ordered the pasturages and +watering-places for Sirpurla and Girsu and arranged the extensive +offerings in Ê-50 (the temple of <q>the fifty</q> at Sirpurla). I scattered +my enemies. As the favorite of Telitim (a god), I fulfilled the +oracles of Ḥallab and rejoiced the heart of GIS-DAR (its goddess). +Grand prince, whose prayers Adad knows well, I soothed the heart of +Adad, the warrior in Bît Karkara. I fastened the ornaments in Ê-UD-GAL-GAL +(temple there). As a king who gave life to Adab, I repaired +Ê-MAḤ (temple at Adab). As hero and king of the city, +unrivalled combatant, I gave life to Mashkan-Shabri and poured +forth abundance on SIT-LAM (temple of Nêrgal there). The wise, +the restorer, who had conquered the whole of the rebellious, I rescued +<pb n='392'/><anchor id='Pg392'/> +the people of Malkâ in trouble. I strengthened their abodes +with every comfort. For Ea and DAM-GAL-NUN-NA I increased +their rule and in perpetuity appointed the lustrous offerings. As a +leader and king of the city, I made the settlements on the Euphrates +to be populous. As client of Dagan, who begat me, I avenged the +people of Mera and Tutul. As high prince, I made the face of +Ninni to shine, making the lustrous meals of NIN-A-ZU secure. I +reunited my people in famine by assuring their allowances within +Babylon in peace and security. As the shepherd of my people, a +servant whose deeds were acceptable to GIS-DAR in E-UL-MASH (temple +of Anunit) in the midst of Agade, noted for its wide squares, I settled +the rules and set straight the Tigris. I brought back to Asshur the +gracious colossus and settled the altar (?). As king of Nineveh I +made the waters of Ninni to shine in Ê-DUP-DUP. High of purpose +and wise in achievement for the great gods, descendant of Sumu-lâil, +eldest son of Sin-muballiṭ, long descended scion of royalty, great +king, a very Shamash (or sun) of Babylon, I caused light to arise +upon Sumer and Akkad. A king who commanded obedience in all +the four quarters, beloved of Ninni am I. When Marduk brought +me to direct all people and commissioned me to give judgment, I laid +down justice and right in the provinces, I made all flesh to prosper. +Then—(<hi rend='italic'>the words of the Code are the completion of the sentence. +The king implies that its regulations were the outcome of this legislative +decision</hi>). +</p> + +<p> +The Epilogue +</p> + +<p> +The judgments of righteousness which Ḥammurabi, the powerful +king, settled, and caused the land to receive a sure polity and a +gracious rule. +</p> + +<p> +I am Ḥammurabi, the superb king. Marduk gave me to shepherd +the black-headed race, whom Bêl had assigned me. I did not +forget, I did not neglect, I found for them safe pastures, I opened +the way through sharp rocks, and gave them guidance. With the +powerful weapon that Zamama and Ishtar granted me, by the foresight +with which Ea endowed me, with the power that Marduk gave +me, I cut off the enemy above and below, I lorded it over the +conquered. The flesh of the land I made to rejoice. I extended +the dwellings of the people in security. I left them no cause to +fear. The great gods chose me and I am the shepherd that gives +peace, whose club is straight; of evil and good in my city I was the +<pb n='393'/><anchor id='Pg393'/> +director. I carried all the people of Sumer and Akkad in my +bosom. By my protection, I guided in peace its brothers. By my +wisdom, I provided for them. That the great should not oppress +the weak, to counsel the widow and orphan, in Babylon, the city of +Anu and Bêl, I raised up its head (the stele's) in Ê-SAG-GIL (temple +of Marduk there), the temple whose foundation is firm as the heaven +and earth. To judge the judgment of the land, to decide the decisions +of the land, to succor the injured, I wrote on my stele the +precious words and placed them before my likeness, that of a righteous +king. The king that is gentle, king of the city, exalted am I. +My words are precious, my power has no rival. By the order of +Shamash, the judge supreme, of heaven and earth, that judgment +may shine in the land; by the permission of Marduk, my lord, I +set up a bas-relief, to preserve my likeness in Ê-SAG-GIL that I love, +to commemorate my name forever in gratitude. The oppressed who +has a suit to prosecute may come before my image, that of a righteous +king, and read my inscription and understand my precious +words and may my stele elucidate his case. Let him see the law he +seeks and may he draw in his breath and say: <q>This Ḥammurabi +was a ruler who was to his people like the father that begot them. +He obeyed the order of Marduk his lord, he followed the commands +of Marduk above and below. He delighted the heart of Marduk +his lord, and granted happy life to his people forever. He guided +the land.</q> Let him recite the document. Before Marduk, my lord, +and Ṣarpanitum, my lady, with full heart let him draw near. The +colossus and the gods that live in Ê-SAG-GIL, or the courts of +Ê-SAG-GIL, let him bless every day before Marduk, my lord, and Ṣarpanitum, +my lady. +</p> + +<p> +In the future, in days to come, at any time, let the king who is +in the land, guard the words of righteousness which I have written +on my stele. Let him not alter the judgment of the land which I +judged nor the decisions I decided. Let him not destroy my bas-relief. +If that man has wisdom and is capable of directing his land, +let him attend to the words which I have written upon my stele, let +him apprehend the path, the rule, the law of the land which I judged, +and the decision I decided for the land, and so let him guide forward +the black-headed race; let him judge their judgment and decide +their decision, let him cut off from his land the proud and violent, +let him rejoice the flesh of his people. Ḥammurabi, the king of +<pb n='394'/><anchor id='Pg394'/> +righteousness, to whom Shamash has granted rights, am I. My +words are precious, my deeds have no rival. Above and below I +am the whirlwind that scours the deep and the height. If that +man has hearkened to my words which I have written on my stele +and has not frustrated justice, has not altered my words, has +not injured my bas-reliefs, may Shamash make lasting his sceptre; +like me, as a king of righteousness, let him guide his people in +justice. +</p> + +<p> +But if that man does not hearken to my words which I wrote on +my stele, forgets my curses, fears not the malediction of God, sets +aside the judgment which I judged, alters my words and destroys +my bas-reliefs, effaces my inscribed name and writes in his own +name; or, for fear of these curses has charged another to do so; that +man, be he king, lord, patêsi, or noble, whose name is ever so renowned, +may the great god (Anu), the father of gods, who named +my reign, turn him back, shatter his sceptre in pieces, curse his fortunes; +may Bêl the lord who fixes the fates, whose command is not +set aside, who extended my sovereignty, cause for him an endless revolt, +an impulse to fly from his home, and set for his fortune a reign +of sighs, short days, years of want, darkness that has no ray of light +and a death in the sight of all men. May he decree with his heavy +curse the ruin of his city, the scattering of his people, the removal +of his sovereignty, the disappearance of his name and his race from +the land. May Beltu, the great mother, whose command is weighty +in Ê-KUR, the lady who made my plans prosperous, make his words +in the matter of justice and law to be hateful before Bêl. May she +bring about the downfall of his country, the loss of his people, the +efflux of his life like water, by the order of the Bêl, the king. May +Ea, the grand prince, whose destiny takes premier rank, the messenger +of the gods, who knows all, who has prolonged my life, distort +his understanding and intellect, curse him with forgetfulness, dam up +his rivers at their source. In his land may Ashnan (the deity of +wheat), the life of the people, not grow. May Shamash, great judge +of heaven and earth, who governs the creatures of life, the lord of +help, cut off his sovereignty; judge not his judgment; carry away +his path; annihilate the march of his armies; cast an evil look upon +him to uproot his rule, and fix for him the loss of his land. May +the evil sentence of Shamash quickly overwhelm him; deprive him +of life among the living above; and below in the earth, deprive his +<pb n='395'/><anchor id='Pg395'/> +ghost of water. May Sin, the lord of the sky, the god who creates, +whose ray is splendid among the gods, deprive him of crown and +throne of kinship; surround him with a great shirt of pain, a heavy +penalty, that will not leave his body, and make him finish his days, +month by month, through the years of his reign, in tears and sighs. +May he multiply for him the burden of royalty. May he grant him +as his lot a life that can only be likened to death. May Adad, lord +of abundance, great bull of the sky, and the earth, my helper, withdraw +the rain from the heavens, the floods from the springs; destroy +his land with hunger and want; thunder in wrath over his city, and +turn his land to deluge mounds. May Zamama, great warrior, first +born of <hi rend='italic'>Ê-KUR</hi>, who goes at my right hand on the battlefield, +shatter his weapon and turn for him day into night. May he place his +enemy over him. May Ishtar, the lady of conflict and battle, who +prospered my arms, my gracious protector, who loved my reign, in +her heart of rage, her boundless fury, curse his sovereignty; turn all +his mercies to curses, shatter his weapon in conflict and battle, appoint +him trouble and sedition, strike down his heroes, and make +the earth drink of their blood, scatter the plain with heaps of the +carcasses of his troops, grant them no burial; deliver himself into the +hands of his enemy, cause him to be carried in chains to the enemy's +land. May Nêrgal, the powerful one of the gods, who meets with +no rival, who caused me to obtain my triumphs, burn up his people +with a fever like a great fire among the reeds. With his powerful +weapon may he drink him up, with his fevers crush him like a statue +of clay. May Erishtu, the exalted lady of all lands, the creator-mother, +carry off his son and leave him no name. May he not beget +a seed of posterity among his people. May Nin-karrak, the daughter +of Anu, the completer of my mercies in <hi rend='italic'>Ê-KUR</hi>, award him a +severe malady, a grievous illness, a painful wound, which cannot be +healed, of which the physician knows not the origin, which cannot +be soothed by the bandage; and rack him with palsy, until she has +mastered his life; may she weaken his strength. May the great +gods of heaven and earth, the Anunnaki, in their assembly, who +look after the halls and the courts of this Ê-bar-ra (temple of +Shamash at Sippara, where the stele was clearly set up), curse with +a bitter curse his dynasty, his land, his soldiers, his people, and his +subjects. May the judgments of Bêl, which in his mouth are irrevocable, +curse him and quickly overcome him. +</p> + +</div> + +<pb n='396'/><anchor id='Pg396'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>II. Chronology</head> + +<p> +The following tables make no pretence to finality. In Babylonian +history no date before <hi rend='smallcaps'>b.c.</hi> 747 can be considered absolutely +fixed. In Assyrian history the Eponym Canon certainly goes back to +about <hi rend='smallcaps'>b.c.</hi> 893. Then scattered notices in later writers enable +us to approximate to earlier dates and the varied synchronisms between +Assyrian and Babylonian kings render the dates probable, as far +back as the First Dynasty of Babylon. There is only one fixed date +before that, the period of Sargon I., which depends on a statement +of Nabonidus. +</p> + +<p> +The sequence of monarchs is, however, very probably correct. As +knowledge increases, more names will be added to fill up the gaps, +and dated documents will give the lengths of the reigns. A discussion +of the grounds for the dates cannot be given here. The reader +may refer to Dr. P. Rost, in the <hi rend='italic'>Mittheilungen der Vorderasiatischen +Gesellschaft</hi>, 1897, No. 2, and <hi rend='italic'>Orientalistische +Litteratur-Zeitung</hi>, 1900, pp. 143, 175, 212. Radau's +<hi rend='italic'>Early Babylonian History</hi> may +be consulted for the earliest dates. +</p> + +<p> +In the early periods, a vertical line between two names denotes +that the second was son of the former. This is often all we know, +but it is useful to mark the fact, as we cannot then insert other +rulers between them. Names printed in capitals are either Sumerian +or their true pronunciation is unknown. When these capitals are +in Roman type, we know that they were kings or Patesis; when they +are printed in italic, we only know that they were the parents of +those whose names follow. We do not then know whether they +reigned or not. +</p> + +<p> +For Assyrian chronology, see <hi rend='italic'>Annals of the Kings of Assyria</hi>, by +Budge and King, 1902. +</p> + +<pb n='397'/><anchor id='Pg397'/> + +<p> +Assyria +</p> + +<p> +Early Patesis, Dates Conjectural, Order Uncertain +</p> + +<lg> +<l>Ushpia,</l> +<l>Ilushuma,</l> +<l>|</l> +<l>Irishum, <hi rend='italic'>circa</hi> <hi rend='smallcaps'>b.c.</hi> 2100</l> +<l>|</l> +<l>Ikunum,</l> +<l>Ishme-Dagan, <hi rend='italic'>circa</hi> <hi rend='smallcaps'>b.c.</hi> 1930</l> +<l>|</l> +<l>Shamshi-Adad I., <hi rend='italic'>circa</hi> <hi rend='smallcaps'>b.c.</hi> 1910</l> +<l>Igur-kapkapu,</l> +<l>|</l> +<l>Shamshi-Adad II.,</l> +<l>Bêl-upaḫḫir (?),</l> +<l>|</l> +<l>Shamshi-Adad III.</l> +</lg> + +<p> +Early Kings, Dates Conjectural +</p> + +<p> +<hi rend='italic'>circa</hi> <hi rend='smallcaps'>b.c.</hi> +</p> + +<lg> +<l>Bêl-ibni,</l> +<l>Sulili (?),</l> +<l>Bêl-kapkapu, 1700</l> +<l>Ashur-bêl-nishêshu, 1500</l> +<l>Puzur-Ashur, 1470</l> +<l>Ashur-nâdin-aḫê, 1430</l> +<l>Ashur-uballiṭ, son, 1420</l> +<l>Bêl-nirari, son, 1400</l> +<l>Pudi-ilu, son, 1397</l> +<l>Adad-nirari I., son, 1395</l> +<l>Shulmanu-asharid (Shalmaneser) I., son, 1380</l> +<l>Tukulti-Ninip I., son, 1340</l> +<l>Ashur-nâṣir-pal I., 1330</l> +<l>Ashur-narara, 1300</l> +<l>Nabû-daian, 1295</l> +<l>Bêl-kudur-uṣur, 1290</l> +<l>Ninip-apil-esharra, 1285</l> +<l>Ashur-dan, son, 1260</l> +<l>Mutakkil-Nusku, son, 1250</l> +<l>Ashur-rêsh-ishi, son, 1220</l> +<l>Tukulti-apil-esharra (Tiglath-pileser) I., son, 1200</l> +<l>Ashur-bêl-kala, son, 1090</l> +<l>Shamshi-Adad IV., brother, 1080</l> +<l>Ashur-nâṣir-pal II., 1050</l> +<l>Erba-Adad (?),</l> +<l>Ashur-nâdin-aḫê,</l> +<l>Ashur-erbi,</l> +<l>Tukulti-apil-esharra (Tiglath-pileser) II., 950</l> +<l>Ashur-dan II., son, 930</l> +<l>Adad-nirari II., son, 911</l> +</lg> + +<pb n='398'/><anchor id='Pg398'/> + +<p> +Dates Certain From Eponym Canon +</p> + +<lg> +<l rend='margin-left: 6'><hi rend='smallcaps'>b.c.</hi></l> +<l>Tukulti-Ninip II., son, 890</l> +<l>Ashur-nâṣir-pal III., son, 884</l> +<l>Shulmanu-asharid (Shalmaneser) II., 859</l> +<l>Shamshi-Adad V., 824</l> +<l>Adad-nirari III., 811</l> +<l>Shulmanu-asharid (Shalmaneser) III., 782</l> +<l>Ashur-dan III., 772</l> +<l>Ashur-nirari II., 754</l> +<l>Tukulti-apil-esharra (Tiglath-pileser, Pul) III., 745</l> +<l>Shulmanu-asharid (Shalmaneser) IV., 726</l> +<l>Sharru-ukin (Sargon) II., 721</l> +<l>Sin-aḫê-erba (Sennacherib), son, 704</l> +<l>Ashur-aḫ-iddin (Esarhaddon), son, 680</l> +<l>Ashur-bâni-pal (Asnapper), son, 668</l> +<l>Ashur-etil-ilâni, son, 625</l> +<l>Sin-shum-lîshir, (?)</l> +<l>Sin-shar-ishkun, (?)</l> +<l>Fall of Nineveh, 607</l> +</lg> + +</div> + +<div> +<index index='toc'/> +<index index='pdf'/> +<head>III. Weights And Measures</head> + +<p> +I. Weights +</p> + +<lg> +<l>1 shekel = 180 <hi rend='italic'>šê</hi>.</l> +<l>1 mina = 60 shekels.</l> +<l>1 talent = 60 minas.</l> +</lg> + +<p> +The weight of the mina may be reckoned in round numbers as 500 +grams. +</p> + +<p> +II. Measures Of Capacity +</p> + +<p> +<hi rend='italic'>Early Scale</hi> +</p> + +<lg> +<l>1 GIN = 180 <hi rend='italic'>šê</hi> (?).</l> +<l>1 ḲA = 60 GIN.</l> +<l>1 GUR = 300 ḲA.</l> +</lg> + +<p> +<hi rend='italic'>Later Scale</hi> +</p> + +<lg> +<l>1 GUR = 180 ḲA.</l> +</lg> + +<pb n='399'/><anchor id='Pg399'/> + +<p> +III. Measures Of Length +</p> + +<lg> +<l>1 ell (U) = 60 <hi rend='italic'>ubanu</hi>.</l> +<l>1 <hi rend='italic'>ḳânu</hi> = 6 ells.</l> +<l>1 GAR = 2 <hi rend='italic'>ḳânu</hi>.</l> +<l>1 KASBU = 1,800 GAR.</l> +</lg> + +<p> +On other measures see A. D. D., ii., pp. 197-218. The ell is +about half a metre. +</p> + +<p> +IV. Measures Of Surface +</p> + +<lg> +<l>1 GIN = 180 <hi rend='italic'>šê.</hi></l> +<l>1 SAR = 60 GIN.</l> +<l>1 GAN = 1,800 SAR.</l> +</lg> + +<p> +The area of the SAR was one GAR square, or 6 metres square. +Areas were also measured by the amount of corn required to sow +them, or their average yield, that is by the GUR and ḲA. +</p> + +<p> +V. Measures Of Time +</p> + +<lg> +<l>1 day = 12 double hours.</l> +<l>1 month = 30 days, average.</l> +<l>1 year = 12 months, average.</l> +</lg> + +<p> +Further details may be obtained from Zimmern's <hi rend='italic'>Das Princip +unserer Zeit-und Raumteilung</hi>, in the <hi rend='italic'>Berichten d. philolog. histor. +Classe d. Königl. Sächs. Gesellschaft der Wissenschaften zu Leipzig</hi>. +November 14, 1901. +</p> + +</div> + +<div> +<index index='toc'/> +<index index='pdf'/> +<head>IV. Bibliography Of The Later Periods</head> + +<p> +<hi rend='smallcaps'>The New Babylonian Empire</hi> +</p> + +<p> +<hi rend='bold'>Nabopolassar.</hi>—Strassmaier published nineteen texts in +<hi rend='italic'>Z. A.</hi>, iv., pp. 141-45, of which three are transcribed and +translated in <hi rend='italic'>K. B.</hi>, iv., pp. 177-81. Dr. Pinches gave another, +<hi rend='italic'>C. T.</hi>, iv., p. +14, and another in Peek-Pinches, p. 3. Dr. Moldenke gave nine +other texts in his <hi rend='italic'>Cuneiform Texts from the Metropolitan Museum of +Art, New York</hi>. +</p> + +<pb n='400'/><anchor id='Pg400'/> + +<p> +<hi rend='bold'>Nebuchadrezzar II.</hi>—Strassmaier published 460 texts in +<hi rend='italic'>Hefts V.-VI.</hi>, of the <hi rend='italic'>Babylonische Texte</hi>, +of which thirty-one are transcribed +and translated in <hi rend='italic'>K. B.</hi>, iv., pp. 180-201, and forty are +discussed in Kohler-Peiser's <hi rend='italic'>Aus Babylonischen Rechtsleben</hi>. Two +texts are published by Pinches, <hi rend='italic'>C. T.</hi>, iv., p. 38, two more in +Peiser's <hi rend='italic'>Babylonische Verträge</hi>, six texts from the Liverpool +Museum were published by Strassmaier in the <hi rend='italic'>Actes du VI. Congrès +Internationale des Orientalistes, 1883</hi>. Some of the above texts belong, however, +to the reign of Nebuchadrezzar III. +</p> + +<p> +<hi rend='bold'>Evil-Merodach.</hi>—Evetts published twenty-four texts in +<hi rend='italic'>Babylonische +Texte, Heft VI., B</hi>, of which <hi rend='italic'>K. B.</hi>, iv., pp. 200-3, gives +transcriptions and translations of two. Kohler-Peiser discuss eight +in <hi rend='italic'>Aus Babylonischen Rechtsleben</hi> and add one more. Strassmaier +published two from the Liverpool Museum in the <hi rend='italic'>Actes du VI. Congrès +Internationale des Orientalistes, 1883</hi>. +</p> + +<p> +<hi rend='bold'>Neriglissar.</hi>—Evetts published seventy-two texts in +<hi rend='italic'>Babylonische Texte, Heft VI., B</hi>, pp. 25-82. Of these four are +transcribed and translated in <hi rend='italic'>K. B.</hi>, iv., pp. 202-7 and +Kohler-Peiser discussed fourteen in <hi rend='italic'>Aus Babylonischen Rechtsleben</hi>. +In <hi rend='italic'>Babylonische Verträge</hi>, Peiser published another; and +Strassmaier published three from the Liverpool Museum in the <hi rend='italic'>Actes +du VI. Congrès Internationale des Orientalistes, 1883</hi>. +</p> + +<p> +<hi rend='bold'>Laborosoarchod.</hi>—Evetts published six texts, +<hi rend='italic'>Babylonische Texte, Heft VI., B</hi>, pp. 85-90. Of these, one is +transcribed and translated in <hi rend='italic'>K. B.</hi>, iv., pp. 206-7. Strassmaier +published four in the <hi rend='italic'>Actes du VIII. Congrès Internationale +des Orientalistes, 1889</hi>. +</p> + +<p> +<hi rend='bold'>Nabonidus.</hi>—Strassmaier published 1134 texts in +<hi rend='italic'>Babylonische +Texte, Heft I.-IV.</hi> Of these, <hi rend='italic'>K. B.</hi>, iv., pp. 206-59, gives +transcriptions and translations of fifty-six, and three fresh texts from +copies by Peiser, Pinches, and Revillout. Kohler-Peiser discuss sixty-five +of them in <hi rend='italic'>Aus Babylonischen Rechtsleben</hi> and add one more. +Pinches published two, <hi rend='italic'>C. T.</hi>, iv., pp. 30-41, and four in +Peek-Pinches. Dr. Peiser gave another in <hi rend='italic'>Keilschriftliche +Acten-Stücke</hi>, No. 3, two from the British Museum. Strassmaier published six +from the Liverpool Museum in the <hi rend='italic'>Actes du VI. Congrès Internationale +des Orientalistes, 1883</hi>. Dr. Moldenke gave forty-two texts +in his <hi rend='italic'>Cuneiform Texts in the Metropolitan Museum of Art, New +York</hi>. +</p> + +<pb n='401'/><anchor id='Pg401'/> + +<p> +<hi rend='smallcaps'>Persian Period</hi> +</p> + +<p> +<hi rend='bold'>Cyrus.</hi>—Strassmaier published 384 texts in +<hi rend='italic'>Babylonische Texte, Heft VII.</hi>, of which <hi rend='italic'>K. +B.</hi>, iv., pp. 253-85 gives transcriptions +and translations of twenty-four, and Kohler-Peiser discussed thirty-four +in <hi rend='italic'>Aus Babylonischen Rechtsleben</hi>, adding four new texts. In +<hi rend='italic'>Keilschriftliche Acten-Stücke</hi>, Peiser gave two more; in +<hi rend='italic'>Babylonische +Verträge</hi>, fourteen more. Strassmaier gave two from the Liverpool +Museum, in the <hi rend='italic'>Actes du VI. Congrès Internationale des Orientalistes, +1883</hi>. Pinches published another in Peek-Pinches, Dr. Budge another +in <hi rend='italic'>Z. A.</hi>, vii., p. 219. +</p> + +<p> +<hi rend='bold'>Cambyses.</hi>—Strassmaier gave 441 texts in +<hi rend='italic'>Babylonische Texte, +Heft VIII.-IX.</hi>, but in these no distinction is made between the +reigns of Cambyses and Cyrus, Cambyses alone, Cyrus alone. <hi rend='italic'>K. B.</hi>, +iv., pp. 260-63 gives transcription and translation of four, followed +by twenty-five of Cambyses alone and fourteen of Cyrus +alone. Kohler-Peiser discussed twenty-one in <hi rend='italic'>Aus Babylonische +Rechtsleben</hi>. Peiser gave seventeen more in <hi rend='italic'>Babylonische +Verträge</hi> from the Berlin Museum and one from the British Museum. Strassmaier +gave three from the Liverpool Museum, and one in possession +of Golenischeff in the <hi rend='italic'>Actes du VI. Congrès Internationale des +Orientalistes</hi>. Pinches published one in <hi rend='italic'>C. T.</hi>, iv., one in +Peek-Pinches. Dr. G. A. Barton published two in the <hi rend='italic'>American Journal +of Semitic Languages, January, 1900</hi>. +</p> + +<p> +<hi rend='bold'>Barzia.</hi>—Strassmaier published nine texts, +<hi rend='italic'>Z. A.</hi>, iv., pp. 147 ff., of which four are transcribed +and translated, <hi rend='italic'>K. B.</hi>, iv., pp. 294-98. +Peiser gave three more in <hi rend='italic'>Babylonische Verträge</hi>. Strassmaier +published one from the Liverpool Museum in the <hi rend='italic'>Actes du VI. Congrès +Internationale des Orientalistes, 1883</hi>. +</p> + +<p> +<hi rend='bold'>Nebuchadrezzar III.</hi>—In <hi rend='italic'>K. B.</hi>, iv., pp. +298-303, three are transcribed and translated from those published above and ascribed +to Nebuchadrezzar II. +</p> + +<p> +<hi rend='bold'>Darius.</hi>—Strassmaier has published 579 texts in +<hi rend='italic'>Babylonische Texte, Heft X.-XII.</hi>, of which +<hi rend='italic'>K. B.</hi>, iv., pp. 302-11 gives transcription +and translation of nine. Kohler-Peiser discuss ninety-six +in <hi rend='italic'>Aus Babylonischen Rechtsleben</hi> and add seven more. Pinches +published six in <hi rend='italic'>C. T.</hi>, ii., p. 2; iv., pp. 21, 32, 41, 43, +44; and twelve in Peek-Pinches. Peiser gave fifteen in +<hi rend='italic'>Keilschriftliche Acten-Stücke</hi>, +and fifty-five in <hi rend='italic'>Babylonische Verträge</hi> from the Berlin Museum, +<pb n='402'/><anchor id='Pg402'/> +twenty-four from the British Museum. Dr. G. A. Barton gave +twenty-seven in <hi rend='italic'>American Journal of Semitic Languages, January, +1900</hi>. Strassmaier gave six from the Liverpool Museum in the +<hi rend='italic'>Actes du VI. Congrès Internationale des Orientalistes, 1883</hi>. Dr. +Budge published three in <hi rend='italic'>Z. A.</hi>, iii., pp. 216 ff. +</p> + +<p> +<hi rend='bold'>Shamash-erba.</hi>—Strassmaier published one text of this period +in <hi rend='italic'>Z. A.</hi>, iii., p. 157 f. +</p> + +<p> +<hi rend='bold'>Xerxes.</hi>—Evetts published four texts, +<hi rend='italic'>Babylonische Texte, Heft VI., B</hi>, pp. 91-94; of these +<hi rend='italic'>K. B.</hi>, iv., pp. 310-11 gives transcription +and translation of one. Pinches published one, <hi rend='italic'>C. T.</hi>, iv., p. 34, +Dr. G. A. Barton gave one in <hi rend='italic'>American Journal of Semitic Languages, +January, 1900</hi>. Strassmaier published seven in the <hi rend='italic'>Actes +du VIII. Congrès Internationale des Orientalistes, 1889</hi>. +</p> + +<p> +<hi rend='bold'>Artaxerxes.</hi>—Professor Hilprecht and Dr. Clay have published +119 texts with transcriptions and translations of twelve, in the ninth +volume of the series of Cuneiform Texts of the collections of the University +of Philadelphia. Kotalla has given transcriptions and translations +of others in <hi rend='italic'>B. A. S.</hi>, iv. Dr. Peiser gave a transcription +and translation of one from his own copy, <hi rend='italic'>K. B.</hi>, iv., pp. 312-13. +Kohler-Peiser give two more in <hi rend='italic'>Aus Babylonischen Rechtsleben</hi>. Dr. +G. A. Barton gave four in <hi rend='italic'>American Journal of Semitic Languages, +January, 1900</hi>. Strassmaier published nine in the <hi rend='italic'>Actes du VIII. +Congrès Internationale des Orientalistes, 1889</hi>, and one in +<hi rend='italic'>Z. A.</hi>, iii., p. 158. +</p> + +<p> +<hi rend='smallcaps'>Macedonian Period</hi> +</p> + +<p> +<hi rend='bold'>Alexander IV.</hi>—Strassmaier, <hi rend='italic'>Z. A.</hi>, +iii., p. 150, transcribed and translated one, also <hi rend='italic'>K. B.</hi>, +iv., pp. 312-13. Pinches gave one, <hi rend='italic'>C. T.</hi>, +iv., p. 39. +</p> + +<p> +<hi rend='bold'>Seleucus II.</hi>—Oppert, <hi rend='italic'>Doc. Jur.</hi>, pp. +301 ff., gave two, one given again, <hi rend='italic'>K. B.</hi>, iv., pp. 312-17. +Pinches gave another, <hi rend='italic'>C. T.</hi>, iv., p. 29. +Strassmaier published one in <hi rend='italic'>Actes du VIII. Congrès Internationale +des Orientalistes, 1889</hi>; and one, <hi rend='italic'>Z. A.</hi>, iii., p. 152 f. +</p> + +<p> +<hi rend='bold'>Demetrius.</hi>—Strassmaier published two, +<hi rend='italic'>Z. A.</hi>, iii., pp. 148-50. +</p> + +<p> +<hi rend='bold'>Antiochus III.</hi>—Strassmaier published one, +<hi rend='italic'>Z. A.</hi>, iii., p. 150 f., transcribed and translated also, +<hi rend='italic'>K. B.</hi>, iv., pp. 316-17. +</p> + +<p> +<hi rend='smallcaps'>Arsacide Period</hi> +</p> + +<p> +Strassmaier published sixteen texts, <hi rend='italic'>Z. A.</hi>, iii., pp. 143 ff., +one is given in transcription and translation, <hi rend='italic'>K. B.</hi>, iv., +pp. 318-19. +</p> + +</div> + +</div> + +<pb n='405'/><anchor id='Pg405'/> + +<div rend='page-break-before: always'> +<index index='toc'/> +<index index='pdf'/> +<head>Index</head> + +<p> +Superior Roman numerals refer to sections of the early Babylonian laws, superior arabic +numerals to the laws of the Code of Ḥammurabi, and superior capitals to the later +Assyrian or Babylonian laws. +</p> + +<lg> +<l>Abatements:</l> +<l rend='margin-left: 2'>for loss of crop, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45</hi>, <hi rend='vertical-align: super'>46</hi></l> +<l rend='margin-left: 2'>for loss of interest, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +</lg> + +<lg> +<l>Abêshu', letters of, <ref target='Pg328'>328</ref></l> +</lg> + +<lg> +<l>Accidental loss:</l> +<l rend='margin-left: 2'>by drought, etc., payment postponed, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +<l rend='margin-left: 2'>by storm or rain falls on tenant, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45</hi></l> +<l rend='margin-left: 2'>shared by tenant and owner if rent unpaid, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>46</hi></l> +</lg> + +<lg> +<l>Accounts and business documents:</l> +<l rend='margin-left: 2'>account books, <ref target='Pg295'>295</ref></l> +<l rend='margin-left: 2'>acknowledgment of advances, <ref target='Pg302'>302</ref></l> +<l rend='margin-left: 2'>amounts of food-stuffs, <ref target='Pg301'>301</ref></l> +<l rend='margin-left: 2'>Assyrian lists, <ref target='Pg298'>298</ref></l> +<l rend='margin-left: 2'>conditions of service with flock and herds, <ref target='Pg296'>296</ref></l> +<l rend='margin-left: 2'>herdsman's, <ref target='Pg297'>297</ref></l> +<l rend='margin-left: 2'>its obscurity, <ref target='Pg297'>297</ref>, <ref target='Pg298'>298</ref></l> +<l rend='margin-left: 2'>iron articles, mention of, <ref target='Pg302'>302</ref></l> +<l rend='margin-left: 2'>leather, <ref target='Pg301'>301</ref></l> +<l rend='margin-left: 2'>receipts for loans, <ref target='Pg295'>295</ref></l> +<l rend='margin-left: 2'>records of measurements, <ref target='Pg296'>296</ref></l> +<l rend='margin-left: 2'>repairs and expenses, <ref target='Pg296'>296</ref></l> +<l rend='margin-left: 2'>sheep-shearing, <ref target='Pg300'>300</ref></l> +<l rend='margin-left: 2'>skins, <ref target='Pg301'>301</ref></l> +<l rend='margin-left: 2'>steward's accounts, <ref target='Pg302'>302</ref></l> +<l rend='margin-left: 2'>weaving, <ref target='Pg300'>300</ref></l> +<l rend='margin-left: 2'>wool, memoranda regarding, <ref target='Pg299'>299</ref></l> +</lg> + +<lg> +<l>Adjournment of case:</l> +<l rend='margin-left: 2'>not to exceed six months, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>13</hi></l> +<l rend='margin-left: 2'>to call witnesses, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>13</hi></l> +</lg> + +<lg> +<anchor id='index-adoption'/> +<l>Adoption:</l> +<l rend='margin-left: 2'>adoption implied inheritance, <ref target='Pg157'>157</ref>, <ref target='Pg160'>160</ref></l> +<l rend='margin-left: 2'>brought responsibilities to both parties, <ref target='Pg155'>155</ref></l> +<l rend='margin-left: 2'>by craftsman, who has taught him his handicraft, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>188</hi>, <hi rend='vertical-align: super'>189</hi>;</l> +<l rend='margin-left: 4'>he cannot be redeemed, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>188</hi>;</l> +<l rend='margin-left: 4'>but redeemable if not taught, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>189</hi></l> +<l rend='margin-left: 2'>by deed signed and sealed, <ref target='Pg155'>155</ref></l> +<l rend='margin-left: 2'>by wealthy persons, <ref target='Pg160'>160</ref></l> +<l rend='margin-left: 2'>consent of others in the family, <ref target='Pg156'>156</ref></l> +<l rend='margin-left: 2'>duties of adopted children, <ref target='Pg158'>158</ref>, <ref target='Pg159'>159</ref></l> +<l rend='margin-left: 2'>such as service, <ref target='Pg159'>159</ref></l> +<l rend='margin-left: 2'>form of adoption, <ref target='Pg157'>157</ref></l> +<l rend='margin-left: 2'>frequency and reasons for, <ref target='Pg154'>154</ref></l> +<l rend='margin-left: 2'>if disinherited, he receives one-third of son's share before leaving, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>191</hi></l> +<l rend='margin-left: 4'>but not field, garden, or house, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>191</hi></l> +<l rend='margin-left: 2'>method of procedure, <ref target='Pg155'>155</ref></l> +<l rend='margin-left: 2'>of child of unknown parents, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>186</hi></l> +<l rend='margin-left: 2'>who shall return to parents when known, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>186</hi></l> +<l rend='margin-left: 2'>of royal favorite, or courtier, or votary, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>187</hi>;</l> +<l rend='margin-left: 4'>who shall not be reclaimed, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>187</hi></l> +<l rend='margin-left: 2'>of natural son, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>185</hi></l> +<l rend='margin-left: 2'>precautions against suits, <ref target='Pg159'>159</ref></l> +<l rend='margin-left: 2'>punishment of adopted children, <ref target='Pg160'>160</ref></l> +<l rend='margin-left: 2'>pure and simple, <ref target='Pg156'>156</ref></l> +<l rend='margin-left: 2'>repudiation and disinheritance, <ref target='Pg157'>157</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>repudiation by adopted son punished, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>192</hi> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>rights of adoption to be accepted, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>190</hi></l> +<l rend='margin-left: 2'>system considered, <ref target='Pg154'>154</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Adultery:</l> +<l rend='margin-left: 2'>charges of, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>129</hi>, <hi rend='vertical-align: super'>131</hi>, <hi rend='vertical-align: super'>132</hi></l> +<l rend='margin-left: 2'>of wife of captive excused, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>134</hi></l> +<l rend='margin-left: 2'>penalties for, <ref target='Pg117'>117</ref>, <ref target='Pg118'>118</ref></l> +<l rend='margin-left: 2'>penalty, strangling, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>129</hi></l> +<l rend='margin-left: 4'>drowning, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi></l> +</lg> + +<lg> +<l>Advocate or pleader, <ref target='Pg088'>88</ref></l> +</lg> + +<lg> +<anchor id='index-affidavit'/> +<l>Affidavit as to cause of death, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>249</hi></l> +</lg> + +<lg> +<anchor id='index-agent'/> +<l>Agent. <hi rend='italic'>See</hi> <ref target='index-merchant'>Merchant</ref>:</l> +<l rend='margin-left: 2'>disputing with principal, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>106</hi>, <hi rend='vertical-align: super'>107</hi></l> +<l rend='margin-left: 2'>his power of attorney, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi>, <hi rend='vertical-align: super'>292</hi></l> +<l rend='margin-left: 2'>his relations with the principal, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100-107</hi></l> +<l rend='margin-left: 2'>if loses or unsuccessful, or robbed, repays capital, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>101-103</hi></l> +<l rend='margin-left: 2'>must give strict account of intromissions, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>104</hi></l> +<l rend='margin-left: 2'>must have power of attorney, <ref target='Pg069'>69</ref></l> +<l rend='margin-left: 2'>must keep accounts, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100</hi></l> +<l rend='margin-left: 4'>of money received, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100</hi></l> +<l rend='margin-left: 4'>of interest due, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100</hi></l> +<l rend='margin-left: 2'>must receive sealed acknowledgment, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>104</hi></l> +<l rend='margin-left: 2'>pays threefold for misappropriation, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>106</hi></l> +<l rend='margin-left: 2'>relation to the merchant, <ref target='Pg281'>281</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Agnates, their power, <ref target='Pg137'>137</ref></l> +</lg> + +<lg> +<l>Agriculture, its form, duties, and risks, <ref target='Pg048'>48</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Alienation:</l> +<l rend='margin-left: 2'>by assignments, <ref target='Pg218'>218</ref></l> +<l rend='margin-left: 2'>by business transfer, <ref target='Pg218'>218</ref></l> +<l rend='margin-left: 2'>by donations and bequests, <ref target='Pg218'>218</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>by gifts to votary, daughter, wife, <ref target='Pg220'>220</ref>, <ref target='Pg221'>221</ref></l> +<l rend='margin-left: 2'>consent of legal heirs, <ref target='Pg221'>221</ref></l> +<l rend='margin-left: 2'>of property, <ref target='Pg218'>218</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>of public property forbidden, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>33 sq.</hi></l> +<l rend='margin-left: 2'>restricted by family rights, <ref target='Pg219'>219</ref></l> +</lg> + +<pb n='406'/><anchor id='Pg406'/> + +<lg> +<l>Allowances:</l> +<l rend='margin-left: 2'>to divorced wife, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +<l rend='margin-left: 2'>usufruct to bring up the children, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +</lg> + +<lg> +<l>Alteration of bond by post-dating, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +</lg> + +<lg> +<l>Ammi-ditana, letters of, <ref target='Pg328'>328</ref></l> +</lg> + +<lg> +<l>Ammi-zadûga, letters of, <ref target='Pg329'>329</ref></l> +</lg> + +<lg> +<l>Ancestors:</l> +<l rend='margin-left: 2'>as a family bond, <ref target='Pg120'>120</ref>.</l> +<l rend='margin-left: 2'><hi rend='italic'>See</hi> <ref target="index-family">Family</ref></l> +</lg> + +<lg> +<l>Ancestral:</l> +<l rend='margin-left: 2'>domain, lands subject to, <ref target='Pg187'>187</ref></l> +<l rend='margin-left: 2'>estates, <ref target='Pg194'>194</ref></l> +</lg> + +<lg> +<l>Apprentice, slave taught as, <ref target='Pg181'>181</ref>, <ref target='Pg182'>182</ref></l> +</lg> + +<lg> +<l>Armenia, references to, in Sennacherib's letters to Sargon, <ref target='Pg338'>338</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Artificers of the temple, <ref target='Pg213'>213</ref></l> +</lg> + +<lg> +<l>Ashurbânipal:</l> +<l rend='margin-left: 2'>friendly letters of, <ref target='Pg360'>360</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>inquiries about oracles, <ref target='Pg379'>379</ref></l> +<l rend='margin-left: 2'>letters illustrating his reign, <ref target='Pg347'>347</ref> <hi rend='italic'>sq.</hi>, <ref target='Pg352'>352</ref>, <ref target='Pg353'>353</ref> <hi rend='italic'>sq.</hi>, <ref target='Pg361'>361</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>son of Esarhaddon, <ref target='Pg366'>366</ref></l> +<l rend='margin-left: 2'>value of his library, <ref target='Pg006'>6</ref>, <ref target='Pg010'>10</ref>, <ref target='Pg031'>31</ref></l> +</lg> + +<lg> +<anchor id='index-assault'/> +<l>Assault:</l> +<l rend='margin-left: 2'>fatal, to free-woman, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>209</hi>, <hi rend='vertical-align: super'>210</hi></l> +<l rend='margin-left: 2'>to plebeian, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>212</hi></l> +<l rend='margin-left: 2'>to slave, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>214</hi></l> +<l rend='margin-left: 2'>of freeman by slave, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>205</hi></l> +<l rend='margin-left: 2'>of man of higher rank, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>202</hi>, <hi rend='vertical-align: super'>203</hi></l> +<l rend='margin-left: 2'>of pregnant free-woman, causing miscarriage, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>209</hi></l> +<l rend='margin-left: 2'>of plebeian by plebeian, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>204</hi></l> +<l rend='margin-left: 2'>of pregnant plebeian, causing miscarriage, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>211</hi></l> +<l rend='margin-left: 2'>of pregnant slave, causing miscarriage, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>213</hi></l> +</lg> + +<lg> +<l>Assessment of damages. <hi rend='italic'>See</hi> <ref target="index-damages">Damages</ref>:</l> +<l rend='margin-left: 2'>by sheep to green crop, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>57</hi></l> +<l rend='margin-left: 4'>to ripe crop, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>58</hi></l> +<l rend='margin-left: 2'>for assault. <hi rend='italic'>See</hi> <ref target="index-assault">Assault</ref>, <ref target="index-fines">Fines</ref></l> +<l rend='margin-left: 2'>for failing in terms of lease, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42</hi>, <hi rend='vertical-align: super'>44</hi></l> +<l rend='margin-left: 2'>for lack of professional skill. <hi rend='italic'>See</hi> <ref target="index-surgeon">Surgeon</ref>, <ref target="index-veterinary-surgeon">Veterinary</ref></l> +<l rend='margin-left: 2'>for neglect. <hi rend='italic'>See</hi> Neglect</l> +<l rend='margin-left: 2'>tree cut without consent, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>59</hi></l> +</lg> + +<lg> +<l>Assignment for debt:</l> +<l rend='margin-left: 2'>of all the debtor has, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>z</hi></l> +<l rend='margin-left: 2'>of crop, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>50</hi></l> +<l rend='margin-left: 2'>of date plantation, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>x</hi></l> +<l rend='margin-left: 2'>of wife, son, or daughter, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>117</hi></l> +</lg> + +<lg> +<l>Assyrian:</l> +<l rend='margin-left: 2'>epochs, <ref target='Pg031'>31</ref></l> +<l rend='margin-left: 2'>estimated proportion of slaves, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>usages regarding slaves, <ref target='Pg171'>171</ref></l> +</lg> + +<lg> +<l>Attorney:</l> +<l rend='margin-left: 2'>power of, for executing a deed, <ref target='Pg069'>69</ref></l> +<l rend='margin-left: 4'>for representative action, <ref target='Pg294'>294</ref></l> +<l rend='margin-left: 4'>for protecting rights, <ref target='Pg293'>293</ref></l> +<l rend='margin-left: 4'>its use, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi>, <ref target='Pg292'>292</ref></l> +<l rend='margin-left: 4'>over funds, <ref target='Pg294'>294</ref></l> +</lg> + +<lg> +<l>Average:</l> +<l rend='margin-left: 2'>crop in damages, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>55</hi></l> +<l rend='margin-left: 2'>rent in damages, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42</hi>, <hi rend='vertical-align: super'>43</hi>, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>62</hi>, <hi rend='vertical-align: super'>65</hi></l> +</lg> + +<lg> +<l>Babylonia:</l> +<l rend='margin-left: 2'>boundaries of land, <ref target='Pg190'>190</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>canals, irrigation, <ref target='Pg185'>185</ref></l> +<l rend='margin-left: 2'>early postal system for letters, <ref target='Pg309'>309</ref></l> +<l rend='margin-left: 2'>importance of studying, vii <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>influence of natural features, <ref target='Pg184'>184</ref></l> +<l rend='margin-left: 2'>its epochs, <ref target='Pg015'>15</ref>, <ref target='Pg034'>34</ref>, <ref target='Pg131'>131</ref>, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>land tenure in, <ref target='Pg184'>184</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>lasting effects of its civilization, vii</l> +<l rend='margin-left: 2'>law later, <ref target='Pg069'>69</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>names in slavery, <ref target='Pg177'>177</ref>, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>ownership of land, <ref target='Pg185'>185</ref>, <ref target='Pg186'>186</ref></l> +<l rend='margin-left: 2'>primitive tenure, <ref target='Pg185'>185</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>proportion of slaves in the population, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>village lands, <ref target='Pg185'>185</ref></l> +</lg> + +<lg> +<anchor id='index-bailiff'/> +<l>Bailiff. <hi rend='italic'>See</hi> <ref target="index-official">Official</ref>:</l> +<l rend='margin-left: 2'>has charge of cropping the farm, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>52</hi></l> +</lg> + +<lg> +<l>Bailment:</l> +<l rend='margin-left: 2'>from minor or slave without bond or witnesses, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi>;</l> +<l rend='margin-left: 4'>and penal equals theft, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi></l> +</lg> + +<lg> +<l>Banishment:</l> +<l rend='margin-left: 2'>as an ancient custom, <ref target='Pg098'>98</ref></l> +<l rend='margin-left: 2'>from the city for incest, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>154</hi></l> +</lg> + +<lg> +<l>Bank, temple the popular place of deposit, <ref target='Pg210'>210</ref>, <ref target='Pg211'>211</ref>.</l> +<l rend='margin-left: 2'><hi rend='italic'>See</hi> <ref target='index-temple'>Temple</ref></l> +</lg> + +<lg> +<l>Beer-seller:</l> +<l rend='margin-left: 2'>bound to summon slanderers and brawlers to palace, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>108</hi></l> +<l rend='margin-left: 2'>gives 60 ḲA of <hi rend='italic'>sakani</hi> beer for 50 ḲA of corn, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>111</hi></l> +<l rend='margin-left: 2'>prosecuted and drowned, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>108</hi></l> +</lg> + +<lg> +<l>Beer-shop:</l> +<l rend='margin-left: 2'>closed against votaries, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>110</hi></l> +<l rend='margin-left: 2'>drink to be not cheaper than corn, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>108</hi></l> +<l rend='margin-left: 2'>not allowed for unlawful assemblies, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>109</hi></l> +<l rend='margin-left: 2'>regulation of, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>108-110</hi></l> +<l rend='margin-left: 2'>votary forbidden, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>110</hi></l> +</lg> + +<lg> +<l>Benefice:</l> +<l rend='margin-left: 2'>may be assigned to son, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>29</hi></l> +<l rend='margin-left: 4'>deputed, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>27-29</hi></l> +<l rend='margin-left: 4'>forfeited by neglect or disuse, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>30</hi></l> +<l rend='margin-left: 2'>may not be assigned for debt, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>39</hi></l> +<l rend='margin-left: 4'>bequeathed, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>38</hi></l> +<l rend='margin-left: 4'>given for ransom, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 4'>given in exchange, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>41</hi></l> +<l rend='margin-left: 2'>may not be bequeathed or assigned for debt, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>38</hi>, <hi rend='vertical-align: super'>39</hi></l> +<l rend='margin-left: 2'>may not be given in exchange, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>41</hi></l> +<l rend='margin-left: 2'>penalty for its abuse or neglect, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>27-29</hi>, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>30</hi>, <hi rend='vertical-align: super'>31</hi></l> +<l rend='margin-left: 2'>price paid for it forfeited, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>35</hi>, <hi rend='vertical-align: super'>37</hi></l> +<l rend='margin-left: 4'>or alienated, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32 <hi rend='italic'>sq.</hi></hi>; by sale, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32 <hi rend='italic'>sq.</hi></hi></l> +</lg> + +<lg> +<l><hi rend='italic'>Bennu</hi>, slave disease, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>280</hi>, <ref target='Pg170'>170</ref></l> +</lg> + +<lg> +<l>Bequest:</l> +<l rend='margin-left: 2'>power of, restrained, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>150</hi></l> +<l rend='margin-left: 4'>free, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>150</hi></l> +</lg> + +<lg> +<l>Betrothed:</l> +<l rend='margin-left: 2'>betrothal in early life, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>maiden in her father's house, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>130</hi>, <ref target='Pg132'>132</ref></l> +<pb n='407'/><anchor id='Pg407'/> +<l rend='margin-left: 2'>marriage ceremony, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>seduction of, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>130</hi>, <ref target='Pg132'>132</ref>, <ref target='Pg134'>134</ref></l> +</lg> + +<lg> +<l>Bibliography:</l> +<l rend='margin-left: 2'>Arsacide Period, <ref target='Pg402'>402</ref></l> +<l rend='margin-left: 2'>Macedonian Period, <ref target='Pg402'>402</ref></l> +<l rend='margin-left: 2'>New Babylonian Empire, <ref target='Pg399'>399</ref></l> +<l rend='margin-left: 2'>Persian Period, <ref target='Pg401'>401</ref></l> +</lg> + +<lg> +<l>Bigamy:</l> +<l rend='margin-left: 2'>considered as a custom, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>in ignorance, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>135</hi></l> +</lg> + +<lg> +<l>Boat:</l> +<l rend='margin-left: 2'>building of, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>234</hi></l> +<l rend='margin-left: 2'>fast, hired, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>276</hi></l> +<l rend='margin-left: 2'>in collision, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>240</hi></l> +<l rend='margin-left: 2'>one of 60 GUR hired, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>277</hi></l> +<l rend='margin-left: 2'>value in trading, <ref target='Pg284'>284</ref>, <ref target='Pg285'>285</ref></l> +<l rend='margin-left: 2'>wreck of, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>235-238</hi></l> +</lg> + +<lg> +<l>Boatmen, carriers and builders, their duties and responsibilities, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>234 <hi rend='italic'>sq.</hi></hi></l> +</lg> + +<lg> +<anchor id='index-bond'/> +<l>Bond, written deed or contract sealed:</l> +<l rend='margin-left: 2'>Assyrian, of great length, <ref target='Pg231'>231</ref></l> +<l rend='margin-left: 2'>body of the deed uniform, <ref target='Pg229'>229</ref></l> +<l rend='margin-left: 2'>deed of house sale, <ref target='Pg241'>241</ref></l> +<l rend='margin-left: 2'>destroyed on payment, <ref target='Pg260'>260</ref></l> +<l rend='margin-left: 2'>drawn by scribe, <ref target='Pg083'>83</ref></l> +<l rend='margin-left: 2'>for adoption, signed and sealed, <ref target='Pg155'>155</ref></l> +<l rend='margin-left: 2'>for debt, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>52</hi></l> +<l rend='margin-left: 2'>for deed of gift to son, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>165</hi></l> +<l rend='margin-left: 2'>for legal marriage, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>128</hi></l> +<l rend='margin-left: 2'>for legal purchase, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi></l> +<l rend='margin-left: 2'>for rent due, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>47</hi></l> +<l rend='margin-left: 2'>for storage, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>122</hi></l> +<l rend='margin-left: 2'>in marriage contract, <ref target='Pg130'>130</ref></l> +<l rend='margin-left: 2'>in Sumerian or in Semitic, <ref target='Pg229'>229</ref></l> +<l rend='margin-left: 2'>interests safeguarded, <ref target='Pg232'>232</ref></l> +<l rend='margin-left: 2'>its value as a legal witness, <ref target='Pg080'>80</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>kept how and where, <ref target='Pg012'>12</ref></l> +<l rend='margin-left: 2'>legal memoranda in security, <ref target='Pg010'>10</ref>, <ref target='Pg012'>12</ref>, <ref target='Pg282'>282</ref></l> +<l rend='margin-left: 2'>marriage contracts, few met with, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>marriage deed of gift, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>150</hi></l> +<l rend='margin-left: 2'>notary's fee for, <ref target='Pg231'>231</ref></l> +<l rend='margin-left: 2'>of herdsman, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>264</hi></l> +<l rend='margin-left: 2'>often the subject in pledge, <ref target='Pg263'>263</ref></l> +<l rend='margin-left: 2'>power of attorney for sealing, <ref target='Pg069'>69</ref></l> +<l rend='margin-left: 2'>preserved in temple archives, <ref target='Pg227'>227</ref></l> +<l rend='margin-left: 2'>production of, <ref target='Pg112'>112</ref></l> +<l rend='margin-left: 2'>specifications of items, <ref target='Pg230'>230</ref>, <ref target='Pg231'>231</ref></l> +<l rend='margin-left: 4'>earnest-money to close the bargain, <ref target='Pg230'>230</ref></l> +<l rend='margin-left: 2'>specimen deed of sale, <ref target='Pg228'>228</ref></l> +<l rend='margin-left: 2'>to daughter of concubine, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>183</hi></l> +<l rend='margin-left: 2'>to votary's dowry from her father, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>178</hi>, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>179</hi>, <hi rend='vertical-align: super'>180</hi>, <hi rend='vertical-align: super'>181</hi></l> +<l rend='margin-left: 2'>usually in duplicate, <ref target='Pg012'>12</ref></l> +<l rend='margin-left: 2'>valuable for information, <ref target='Pg236'>236</ref>, <ref target='Pg242'>242</ref>, <ref target='Pg247'>247</ref></l> +<l rend='margin-left: 2'>with free gifts, <ref target='Pg219'>219</ref></l> +</lg> + +<lg> +<l>Boundary stones, <ref target='Pg191'>191</ref></l> +<l rend='margin-left: 2'>as inviolable landmarks, <ref target='Pg191'>191</ref>, <ref target='Pg192'>192</ref></l> +<l rend='margin-left: 2'>description of, in deeds, <ref target='Pg238'>238</ref></l> +<l rend='margin-left: 2'>street named as boundary, <ref target='Pg241'>241</ref></l> +<l rend='margin-left: 2'>usually rectangular, <ref target='Pg238'>238</ref></l> +</lg> + +<lg> +<anchor id='index-branding'/> +<l>Branding, brander, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>226</hi>, <hi rend='vertical-align: super'>227</hi>, <ref target='Pg176'>176</ref></l> +<l rend='margin-left: 2'>on forehead for slander, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>127</hi>, <ref target='Pg176'>176</ref></l> +<l rend='margin-left: 2'>on freeman escaped from levy-master, <ref target='Pg176'>176</ref></l> +<l rend='margin-left: 2'>or tattooing a slave, <ref target='Pg176'>176</ref>, <ref target='Pg177'>177</ref></l> +<l rend='margin-left: 2'>slave without owner's consent, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>226</hi>, <hi rend='vertical-align: super'>227</hi></l> +<l rend='margin-left: 2'>son's wife branded and sold, <ref target='Pg140'>140</ref></l> +</lg> + +<lg> +<l>Brawling in beer-shop, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>109</hi></l> +</lg> + +<lg> +<l>Breach:</l> +<l rend='margin-left: 2'>of contract by lessee, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42</hi>, <hi rend='vertical-align: super'>44</hi></l> +<l rend='margin-left: 2'>of promise of marriage, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>159</hi>, <ref target='Pg124'>124</ref></l> +</lg> + +<lg> +<l>Bribery punished, <ref target='Pg321'>321</ref></l> +</lg> + +<lg> +<anchor id='index-bride-price'/> +<l>Bride-price:</l> +<l rend='margin-left: 2'>and marriage-portion, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>138</hi>, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>159</hi>, <ref target='Pg123'>123</ref> <hi rend='italic'>sq.</hi>, 129</l> +<l rend='margin-left: 2'>and trousseau, <ref target='Pg129'>129</ref></l> +<l rend='margin-left: 2'>assessed at one mina of silver as price of divorce, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>139</hi>, <ref target='Pg125'>125</ref></l> +<l rend='margin-left: 2'>assessed at one-third mina of silver if plebeian, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>140</hi></l> +<l rend='margin-left: 2'>deducted from marriage-portion, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>166</hi>, <ref target='Pg124'>124</ref></l> +<l rend='margin-left: 2'>given back to barren wife when divorced, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>138</hi></l> +<l rend='margin-left: 2'>its ceremonial presentation, <ref target='Pg124'>124</ref>, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>its principle considered, <ref target='Pg123'>123</ref>, <ref target='Pg124'>124</ref>, <ref target='Pg125'>125</ref>, <ref target='Pg128'>128</ref>, <ref target='Pg130'>130</ref></l> +<l rend='margin-left: 2'>negotiations regarding the payment, <ref target='Pg125'>125</ref>, <ref target='Pg126'>126</ref>, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>reserved from father's estate for minor son, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>166</hi>, <ref target='Pg127'>127</ref>, <ref target='Pg130'>130</ref></l> +<l rend='margin-left: 2'>retained by bride's father, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>159</hi></l> +<l rend='margin-left: 2'>returned double, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>160</hi>, <hi rend='vertical-align: super'>161</hi>, <ref target='Pg124'>124</ref></l> +</lg> + +<lg> +<anchor id='index-bronze'/> +<l>Bronze lancet, for surgical operations, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215</hi>, <hi rend='vertical-align: super'>218</hi>, <hi rend='vertical-align: super'>220</hi></l> +</lg> + +<lg> +<l>Builder, his duties and responsibilities, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>228</hi>, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>229 <hi rend='italic'>sq.</hi></hi></l> +</lg> + +<lg> +<l>Burglary, with death penalty, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>6</hi>, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>21</hi></l> +</lg> + +<lg> +<l>Burial vault in a house, <ref target='Pg245'>245</ref></l> +</lg> + +<lg> +<l>Burning as penalty:</l> +<l rend='margin-left: 2'>man and mother in incest, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>157</hi></l> +<l rend='margin-left: 2'>thief in the same fire, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>25</hi></l> +</lg> + +<lg> +<l>Buyer must discharge duties of subject, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>40</hi></l> +</lg> + +<lg> +<l>Buying and selling, general law of, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi>, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9-12</hi></l> +</lg> + +<lg> +<l>Calling to account:</l> +<l rend='margin-left: 2'>for intromissions, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>108-116</hi>, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>124</hi></l> +<l rend='margin-left: 2'>for neglect, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42</hi></l> +<l rend='margin-left: 2'>in divorce case, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>141</hi></l> +<l rend='margin-left: 2'>in nursing, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>194</hi></l> +<l rend='margin-left: 2'>in prosecution, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>265</hi></l> +</lg> + +<lg> +<l>Canals:</l> +<l rend='margin-left: 2'>used in trading, <ref target='Pg284'>284</ref>, <ref target='Pg285'>285</ref>, <ref target='Pg319'>319</ref>, <ref target='Pg320'>320</ref>, <ref target='Pg321'>321</ref></l> +<l rend='margin-left: 2'>digging, <ref target='Pg383'>383</ref>, <hi rend='vertical-align: super'>24</hi></l> +</lg> + +<lg> +<l>Cappadocian tablets, <ref target='Pg029'>29</ref></l> +</lg> + +<lg> +<l>Captives:</l> +<l rend='margin-left: 2'>by enemy for ransom, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>in war, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi>, <hi rend='vertical-align: super'>135</hi></l> +<l rend='margin-left: 2'>question as to marriage relations, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi>, <hi rend='vertical-align: super'>135</hi></l> +</lg> + +<lg> +<l>Caravans, their place in trading, <ref target='Pg282'>282</ref>, <ref target='Pg283'>283</ref></l> +</lg> + +<lg> +<anchor id='index-carrier'/> +<l>Carrier's responsibilities, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>112</hi></l> +<l rend='margin-left: 2'>fivefold restitution, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>112</hi></l> +</lg> + +<pb n='408'/><anchor id='Pg408'/> + +<lg> +<l>Cataract, operations for, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215</hi>, <hi rend='vertical-align: super'>218</hi>, <hi rend='vertical-align: super'>220</hi></l> +</lg> + +<lg> +<l>Chedorlaomer, supposed reference to, <ref target='Pg316'>316</ref>, <ref target='Pg318'>318</ref></l> +</lg> + +<lg> +<anchor id='index-children'/> +<l>Children. <hi rend='italic'>See</hi> <ref target='index-inheritance'>Inheritance</ref>:</l> +<l rend='margin-left: 2'>age of at majority, <ref target='Pg149'>149</ref></l> +<l rend='margin-left: 2'>betrothed, remained in the father's house, <ref target='Pg149'>149</ref></l> +<l rend='margin-left: 2'>born of supposed widow remain with second husband, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>135</hi></l> +<l rend='margin-left: 2'>commonly educated, <ref target='Pg153'>153</ref></l> +<l rend='margin-left: 2'>could be preferred by father, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>165</hi>, <ref target='Pg148'>148</ref></l> +<l rend='margin-left: 2'>daughters under the father's disposing, <ref target='Pg148'>148</ref></l> +<l rend='margin-left: 2'>dedicated to temple, <ref target='Pg224'>224</ref></l> +<l rend='margin-left: 2'>legitimate and illegitimate, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>may receive bequest from their mother, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>150</hi></l> +<l rend='margin-left: 2'>of different mothers share equally in their father's estate, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>167</hi></l> +<l rend='margin-left: 2'>of different mothers share equally in their own mother's estate, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>167</hi></l> +<l rend='margin-left: 2'>of divorced mothers, their legal rights, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +<l rend='margin-left: 2'>of second wife take one-third of the property, <ref target='Pg071'>71</ref></l> +<l rend='margin-left: 2'>of slave and free-woman provided for, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>175</hi>, <hi rend='vertical-align: super'>176</hi></l> +<l rend='margin-left: 2'>of wife and maid may share equally, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>170</hi></l> +<l rend='margin-left: 2'>of wife or those of the maid made free, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi></l> +<l rend='margin-left: 2'>punishment of unfilial conduct in, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>195</hi>, <ref target='Pg149'>149</ref></l> +<l rend='margin-left: 2'>sacrifice of by fire, <ref target='Pg233'>233</ref></l> +<l rend='margin-left: 2'>schools for and education of, <ref target='Pg152'>152</ref>, <ref target='Pg153'>153</ref></l> +<l rend='margin-left: 2'>sold into slavery, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>status of, in the inheritance, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>170</hi>, <hi rend='vertical-align: super'>171</hi></l> +<l rend='margin-left: 2'>their childhood and early life considered, <ref target='Pg151'>151-153</ref></l> +<l rend='margin-left: 2'>their obligations and rights, <ref target='Pg148'>148</ref> <hi rend='italic'>sq.</hi>,</l> +<l rend='margin-left: 2'>their relation to paternal rights, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>117</hi>, <ref target='Pg148'>148</ref></l> +<l rend='margin-left: 2'>under the mother at their father's death, <ref target='Pg149'>149</ref>, <ref target='Pg150'>150</ref></l> +</lg> + +<lg> +<l>Chronology:</l> +<l rend='margin-left: 2'>Assyria, <ref target='Pg397'>397</ref>, <ref target='Pg398'>398</ref></l> +<l rend='margin-left: 2'><q>of the king,</q> <ref target='Pg025'>25</ref></l> +<l rend='margin-left: 2'>system of the tablets, <ref target='Pg023'>23</ref></l> +<l rend='margin-left: 2'>tables of, <ref target='Pg396'>396-398</ref></l> +</lg> + +<lg> +<l>Coin. <hi rend='italic'>See</hi> <ref target='index-loans'>Loans</ref>:</l> +<l rend='margin-left: 2'>current, <ref target='Pg253'>253</ref></l> +</lg> + +<lg> +<l>Collision of boats, law of, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>240</hi></l> +</lg> + +<lg> +<l>Commerce, how controlled by the State, <ref target='Pg324'>324</ref></l> +</lg> + +<lg> +<l>Commission, trade on, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100-105</hi>.</l> +<l rend='margin-left: 2'><hi rend='italic'>See</hi> <ref target='index-agent'>Agent</ref>, <ref target='index-merchant'>Merchant</ref></l> +</lg> + +<lg> +<l>Compensation:</l> +<l rend='margin-left: 2'>as granted by the court, <ref target='Pg099'>99</ref></l> +<l rend='margin-left: 2'>for eviction of tenant, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>Y</hi></l> +<l rend='margin-left: 2'>for highway robbery, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>23</hi></l> +<l rend='margin-left: 2'>of official, <ref target='Pg076'>76</ref></l> +</lg> + +<lg> +<l>Composition:</l> +<l rend='margin-left: 2'>for bride-price, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>139</hi></l> +<l rend='margin-left: 2'>for loss of life, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +</lg> + +<lg> +<l>Comrade:</l> +<l rend='margin-left: 2'>breaks off a marriage by calumny, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>161</hi>, <ref target='Pg124'>124</ref></l> +<l rend='margin-left: 2'>shall not marry the girl, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>161</hi>, <ref target='Pg124'>124</ref></l> +</lg> + +<lg> +<anchor id='index-concubine'/> +<l>Concubine:</l> +<l rend='margin-left: 2'>divorced, free to marry, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>had marriage-portion, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>her daughter, dowered by deed, shall not share in father's estate, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>183</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>her daughter, if not dowered, shall be presented with marriage-portion, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>184</hi></l> +<l rend='margin-left: 2'>if a mother and divorced, her legal rights, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>if a mother, cannot be sold, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>146</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>if childless, may be sold, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>147</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>may receive a slave-mark, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>146</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>must not rival wife, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>145</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>not equal in status to votary, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>144-147</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>restrictions on her marriage, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>144-147</hi></l> +</lg> + +<lg> +<l>Concubinage as a system, <ref target='Pg134'>134</ref>, <ref target='Pg135'>135</ref></l> +</lg> + +<lg> +<l>Conjugal rights, denial of, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>142</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>denial of, counted equal to desertion, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>liable to judicial inquiry, <ref target='Pg142'>142</ref></l> +</lg> + +<lg> +<l>Contracts, old, their present value, xii <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Corn:</l> +<l rend='margin-left: 2'>cultivated and paid in rent, <ref target='Pg048'>48</ref>, <ref target='Pg049'>49</ref></l> +<l rend='margin-left: 2'>given on loan, <ref target='Pg253'>253</ref></l> +<l rend='margin-left: 2'>tithed to the temple, <ref target='Pg208'>208</ref></l> +<l rend='margin-left: 2'>under charge of the bailiff, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>52</hi></l> +<l rend='margin-left: 2'>with sesame, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>50-52</hi></l> +</lg> + +<lg> +<l>Corporate liability, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>23</hi>, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +</lg> + +<lg> +<l>Corvée. <hi rend='italic'>See</hi> <ref target='index-militia'>Militia</ref></l> +</lg> + +<lg> +<l>Cow in milk, on hire, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>243</hi></l> +</lg> + +<lg> +<l>Courts of law:</l> +<l rend='margin-left: 2'>cases before, <ref target='Pg087'>87</ref></l> +<l rend='margin-left: 2'>form of procedure, <ref target='Pg083'>83</ref> <hi rend='italic'>sq.</hi>, <ref target='Pg087'>87</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>nature and action, <ref target='Pg080'>80</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>penalties from, <ref target='Pg095'>95</ref></l> +<l rend='margin-left: 2'>settlements out of, <ref target='Pg087'>87</ref>, <ref target='Pg111'>111</ref></l> +</lg> + +<lg> +<l>Creditor. <hi rend='italic'>See</hi> <ref target='index-merchant'>Merchant</ref>, <ref target='index-debtor'>Debtor</ref>:</l> +<l rend='margin-left: 2'>cannot take property without owner's leave, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>113</hi></l> +<l rend='margin-left: 2'>in marital responsibilities, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>151</hi>, <hi rend='vertical-align: super'>152</hi></l> +<l rend='margin-left: 2'>may not pay himself without debtor's consent, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>113</hi></l> +<l rend='margin-left: 2'>may sell pledged slave, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>118</hi></l> +<l rend='margin-left: 2'>must restore all illegally taken, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>113</hi>; and forfeits his claim, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>113</hi></l> +<l rend='margin-left: 2'>punishable for cruel treatment of hostage, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +<l rend='margin-left: 2'>responsible for fair treatment of hostage, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>115</hi></l> +</lg> + +<lg> +<l>Criminal law, <ref target='Pg116'>116-118</ref></l> +</lg> + +<lg> +<l>Crop:</l> +<l rend='margin-left: 2'>in pledge for debt, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +<l rend='margin-left: 2'>its duties, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>49-52</hi></l> +<l rend='margin-left: 2'>kinds cultivated, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>44</hi>, <hi rend='vertical-align: super'>46</hi>, <hi rend='vertical-align: super'>48</hi>, <hi rend='vertical-align: super'>49</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>50</hi>, <hi rend='vertical-align: super'>51</hi>, <hi rend='vertical-align: super'>52</hi></l> +</lg> + +<lg> +<l>Cultivation:</l> +<l rend='margin-left: 2'>duties and rent, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42 <hi rend='italic'>sq.</hi></hi></l> +<l rend='margin-left: 2'>of field described, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>43</hi>, <hi rend='vertical-align: super'>44</hi></l> +</lg> + +<lg> +<l>Custody of child in mother, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>29</hi></l> +</lg> + +<lg> +<l>Cutting down trees, assessment of damage, one-half mina of silver, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>59</hi></l> +</lg> + +<pb n='409'/><anchor id='Pg409'/> + +<lg> +<l>Damage to crops:</l> +<l rend='margin-left: 2'>by cutting down trees, one-half mina of silver per tree, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>59</hi></l> +<l rend='margin-left: 2'>by flood assessed at average crop, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>55</hi>;</l> +<l rend='margin-left: 2'>assessed at 10 GUR of corn for each GAN of land, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>56</hi></l> +<l rend='margin-left: 2'>by sheep assessed at 20 GUR of corn for each GAN of land, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>57</hi>;</l> +<l rend='margin-left: 4'>assessed at 60 GUR of corn for each GAN of land, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>58</hi></l> +</lg> + +<lg> +<anchor id='index-damages'/> +<l>Damages due. <hi rend='italic'>See</hi> <ref target='index-fines'>Fines</ref>:</l> +<l rend='margin-left: 2'>for flooding from open dike wall, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>53</hi>, <hi rend='vertical-align: super'>54</hi>, <hi rend='vertical-align: super'>55</hi>, <hi rend='vertical-align: super'>56</hi></l> +<l rend='margin-left: 2'>for illegal eviction, <ref target='Pg050'>50</ref></l> +<l rend='margin-left: 2'>not a fine, <ref target='Pg091'>91</ref></l> +<l rend='margin-left: 2'>to deceased's relatives, one mina of silver, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>24</hi></l> +</lg> + +<lg> +<l>Death:</l> +<l rend='margin-left: 2'>of defendant, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>12</hi></l> +<l rend='margin-left: 2'>of housebreaker, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>21</hi></l> +</lg> + +<lg> +<anchor id='index-death-penalty'/> +<l>Death penalty:</l> +<l rend='margin-left: 2'>by burning, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>157</hi>, <ref target='Pg097'>97</ref></l> +<l rend='margin-left: 2'>by drowning of a woman, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi>, <ref target='Pg097'>97</ref>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>by strangling, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi></l> +<l rend='margin-left: 2'>considered as an ancient custom, <ref target='Pg096'>96</ref></l> +<l rend='margin-left: 2'>for adultery, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>for alleged purchase of lost property, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>10</hi></l> +<l rend='margin-left: 2'>for allowing seditious meetings in beer-shop, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>109</hi></l> +<l rend='margin-left: 2'>for appropriation of lost property, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi></l> +<l rend='margin-left: 2'>for buying from minor or slave, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi></l> +<l rend='margin-left: 2'>for conniving at her husband's murder, impaling, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>152</hi></l> +<l rend='margin-left: 2'>for dereliction of official duty, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>26</hi>, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>33</hi></l> +<l rend='margin-left: 2'>for employing a substitute in official duty, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>26</hi>, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>33</hi></l> +<l rend='margin-left: 2'>for harboring fugitive slaves, <ref target='Pg005'>5</ref>, <hi rend='vertical-align: super'>16</hi>;</l> +<l rend='margin-left: 4'>to default the forced labor, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi></l> +<l rend='margin-left: 2'>for highway robbery, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>22</hi></l> +<l rend='margin-left: 2'>for housebreaking, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>21</hi></l> +<l rend='margin-left: 2'>for kidnapping a child, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>14</hi></l> +<l rend='margin-left: 2'>for oppressing subordinates, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>34</hi></l> +<l rend='margin-left: 2'>for perjury, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>3</hi></l> +<l rend='margin-left: 2'>for procuring desertion of slaves, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>15</hi></l> +<l rend='margin-left: 2'>for rape of betrothed maiden, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>130</hi></l> +<l rend='margin-left: 2'>for receiving stolen goods, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>6</hi></l> +<l rend='margin-left: 2'>for repudiating her husband, <ref target='Pg141'>141</ref>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>for retaining captured slave, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>19</hi></l> +<l rend='margin-left: 2'>for sacrilegious theft, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>6</hi></l> +<l rend='margin-left: 2'>for slander and stirring up strife, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>11</hi></l> +<l rend='margin-left: 2'>for theft and unable to pay, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>8</hi></l> +<l rend='margin-left: 2'>for theft at a fire, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>25</hi></l> +<l rend='margin-left: 2'>for undutifulness and slander, drowning, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>143</hi>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>for witchcraft, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>1</hi></l> +<l rend='margin-left: 2'>on adulterers, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>129</hi></l> +<l rend='margin-left: 2'>on builder for bad work, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>229</hi></l> +<l rend='margin-left: 2'>on builder's son, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>230</hi></l> +<l rend='margin-left: 2'>on votary frequenting beer-shop, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>110</hi></l> +</lg> + +<lg> +<l>Debt:</l> +<l rend='margin-left: 2'>abatement for damages by storm, deluge, or drought, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +<l rend='margin-left: 2'>creditor to have no call for year's interest, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +<l rend='margin-left: 2'>debtor's obligation not lessened, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>52</hi></l> +<l rend='margin-left: 2'>laws of Mancipium, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>115-117</hi>, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>118</hi>, <hi rend='vertical-align: super'>119</hi></l> +<l rend='margin-left: 2'>question of ante-nuptial, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>151</hi></l> +<l rend='margin-left: 2'>property held as security for, <ref target='Pg263'>263</ref>. <hi rend='italic'>See</hi> <ref target='index-pledges'>Pledges</ref></l> +</lg> + +<lg> +<anchor id='index-debtor'/> +<l>Debtor:</l> +<l rend='margin-left: 2'>how secured against illegal process, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>113</hi>;</l> +<l rend='margin-left: 4'>illegal distraint, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>114</hi></l> +<l rend='margin-left: 2'>may pay in kind, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>Z</hi></l> +</lg> + +<lg> +<l>Debts:</l> +<l rend='margin-left: 2'>of husband and wife, mutual obligations, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>152</hi></l> +<l rend='margin-left: 2'>question of pre-nuptial, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>151</hi></l> +</lg> + +<lg> +<l>Decision of judge in lawsuit, <ref target='Pg091'>91</ref>, <ref target='Pg092'>92</ref></l> +</lg> + +<lg> +<l>Decisions, legal, considered, <ref target='Pg100'>100</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Dedication:</l> +<l rend='margin-left: 2'>of land to temple, <ref target='Pg223'>223</ref>, <ref target='Pg224'>224</ref>;</l> +<l rend='margin-left: 4'>to secure divine favor, <ref target='Pg223'>223</ref>, <ref target='Pg224'>224</ref></l> +</lg> + +<lg> +<l>Deed. <hi rend='italic'>See</hi> <ref target='index-bond'>Bond</ref>:</l> +<l rend='margin-left: 2'>of gift, with bond, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>E</hi></l> +<l rend='margin-left: 2'>settlement on wife, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>with the gifts, <ref target='Pg222'>222</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Defamation of comrade, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>161</hi></l> +</lg> + +<lg> +<l>Deferred payment of debt, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +</lg> + +<lg> +<l>Degradation from judgeship, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>5</hi></l> +</lg> + +<lg> +<l>Deification of river Euphrates, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>2</hi></l> +<l rend='margin-left: 2'>the sacred river, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>2</hi></l> +</lg> + +<lg> +<l>Deposit:</l> +<l rend='margin-left: 2'>how recoverable, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>123</hi></l> +<l rend='margin-left: 2'>from minor or slave, how made legal, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi></l> +<l rend='margin-left: 2'>made in temple for safety and banking, <ref target='Pg211'>211</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Desertion:</l> +<l rend='margin-left: 2'>by wife, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi></l> +<l rend='margin-left: 2'>by husband, who returned to claim the property, <ref target='Pg102'>102</ref>, <ref target='Pg144'>144</ref></l> +<l rend='margin-left: 2'>involuntary, of wife by husband, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>of adoptive parents, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>193</hi></l> +<l rend='margin-left: 2'>of city and wife, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>136</hi></l> +</lg> + +<lg> +<l>Detention of slave, penalty death, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>19</hi></l> +</lg> + +<lg> +<l>Diary of a journey, <ref target='Pg380'>380</ref></l> +</lg> + +<lg> +<l>Dike:</l> +<l rend='margin-left: 2'>burst and meadow was flooded, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>53</hi></l> +<l rend='margin-left: 2'>to be cared for, <ref target='Pg199'>199</ref></l> +</lg> + +<lg> +<l>Disinheritance:</l> +<l rend='margin-left: 2'>by adoptive parents, <ref target='Pg157'>157</ref>, <ref target='Pg160'>160</ref>, <ref target='Pg167'>167</ref>;</l> +<l rend='margin-left: 4'>done before the judge, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>168</hi>, <ref target='Pg157'>157</ref>, <ref target='Pg160'>160</ref></l> +<l rend='margin-left: 2'>by due legal process, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>168</hi>, <ref target='Pg149'>149</ref>, <ref target='Pg167'>167</ref></l> +<l rend='margin-left: 2'>carried out before a judge, <ref target='Pg167'>167</ref></l> +<l rend='margin-left: 2'>of adopted child, not complete, <ref target='Pg167'>167</ref></l> +<l rend='margin-left: 2'>of adoptive parents, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>192</hi>, <hi rend='vertical-align: super'>193</hi>, <ref target='Pg150'>150</ref>, <ref target='Pg159'>159</ref></l> +<l rend='margin-left: 2'>of mother by her son, <ref target='Pg149'>149</ref></l> +<l rend='margin-left: 2'>of son by his father, <ref target='Pg042'>42</ref>, <hi rend='vertical-align: super'>III</hi>, <ref target='Pg149'>149</ref>, <ref target='Pg167'>167</ref></l> +<l rend='margin-left: 2'>of son by his mother, <ref target='Pg042'>42</ref>, <hi rend='vertical-align: super'>IV</hi>, <ref target='Pg149'>149</ref>, <ref target='Pg150'>150</ref></l> +<pb n='410'/><anchor id='Pg410'/> +<l rend='margin-left: 2'>of son laid before a judge for inquiry, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>168</hi>, <ref target='Pg167'>167</ref></l> +<l rend='margin-left: 2'>of son-in-law, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>159</hi></l> +<l rend='margin-left: 2'>repudiation and reduction to the condition of slave, <ref target='Pg166'>166</ref>, <hi rend='vertical-align: super'>39</hi></l> +</lg> + +<lg> +<l>Distraint. <hi rend='italic'>See</hi> <ref target='index-mancipium'>Mancipium</ref>:</l> +<l rend='margin-left: 2'>death of person in, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>115</hi>, <hi rend='vertical-align: super'>116</hi></l> +<l rend='margin-left: 2'>fine for illegal, one-third mina of silver, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>114</hi>;</l> +<l rend='margin-left: 4'>of working ox, fine one-third mina of silver, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>241</hi></l> +<l rend='margin-left: 2'>illegal on warehoused goods, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi></l> +<l rend='margin-left: 2'>security against illegal, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>114</hi></l> +</lg> + +<lg> +<l>District or city:</l> +<l rend='margin-left: 2'>for ransom of official, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>liable for highway robbery, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>23</hi></l> +</lg> + +<lg> +<anchor id='index-divorce'/> +<l>Divorce:</l> +<l rend='margin-left: 2'>as regulated by the Code, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>custody of the children to the wife, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>easiest form of, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>138</hi>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>easy for the man, difficult for the woman, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>grounds of, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>laws of, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi>, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>138</hi></l> +<l rend='margin-left: 2'>legal ceremony, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>man must give wife or concubine a maintenance, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>might marry again, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>of concubine, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi>;</l> +<l rend='margin-left: 4'>of votary, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +<l rend='margin-left: 2'>price of divorce, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>139</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>protection of the wife's rights, <ref target='Pg140'>140</ref>, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>retains right to her marriage-portion, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>shares with her children in deceased husband's estate, <ref target='Pg141'>141</ref></l> +<l rend='margin-left: 2'>wife can only divorce by lawsuit, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>wife takes her bride-price and marriage-portion, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>188</hi>, <ref target='Pg141'>141</ref>;</l> +<l rend='margin-left: 4'>if no bride-price, one mina of silver, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>139</hi>, <ref target='Pg141'>141</ref>;</l> +<l rend='margin-left: 4'>from plebeian one-third mina, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>140</hi></l> +</lg> + +<lg> +<l>Doctor. <hi rend='italic'>See</hi> <ref target='index-surgeon'>Surgeon</ref>, <ref target='index-veterinary-surgeon'>Veterinary</ref>:</l> +<l rend='margin-left: 2'>fees for curing, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215-221</hi></l> +<l rend='margin-left: 2'>paid by assailant, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>206</hi></l> +<l rend='margin-left: 2'>penalties, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>218-220</hi></l> +<l rend='margin-left: 2'>privileges and responsibilities, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215-221</hi></l> +</lg> + +<lg> +<l>Donations and bequests:</l> +<l rend='margin-left: 2'>as alienation of property, <ref target='Pg218'>218</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>in Assyria, <ref target='Pg222'>222</ref></l> +<l rend='margin-left: 2'>in second Babylonian Empire, <ref target='Pg222'>222</ref></l> +<l rend='margin-left: 2'>to temple a free gift, <ref target='Pg223'>223</ref></l> +<l rend='margin-left: 2'>to the chief priest of the temple, <ref target='Pg223'>223</ref></l> +</lg> + +<lg> +<l>Dowry. <hi rend='italic'>See</hi> <ref target='index-marriage-portion'>Marriage-portion</ref></l> +</lg> + +<lg> +<l>Drowning. <hi rend='italic'>See</hi> <ref target='index-death-penalty'>Death Penalty</ref>:</l> +<l rend='margin-left: 2'>as a penalty, considered, <ref target='Pg097'>97</ref>, <ref target='Pg117'>117</ref>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>as penalty for selling drink too cheap, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>108</hi></l> +<l rend='margin-left: 2'>for desertion of husband, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi></l> +<l rend='margin-left: 2'>for repudiating her husband, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>penalty for adultery, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi></l> +<l rend='margin-left: 2'>penalty for incest, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi></l> +<l rend='margin-left: 2'>penalty on undutiful and slanderous wife, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>143</hi></l> +</lg> + +<lg> +<l>Duplicate:</l> +<l rend='margin-left: 2'>of court decision, <ref target='Pg087'>87</ref></l> +<l rend='margin-left: 2'>of tablet, <ref target='Pg079'>79</ref></l> +</lg> + +<lg> +<l>Ear cut off as penalty, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>205</hi></l> +</lg> + +<lg> +<l>Education in ancient Babylonia, <ref target='Pg151'>151-153</ref></l> +<l rend='margin-left: 2'>interpretation of signs on the monuments, <ref target='Pg165'>165</ref></l> +<l rend='margin-left: 2'>phrase-books, <ref target='Pg151'>151</ref>, <ref target='Pg152'>152</ref>, <ref target='Pg153'>153</ref></l> +<l rend='margin-left: 2'>schools, <ref target='Pg152'>152</ref></l> +<l rend='margin-left: 2'>slaves were apprenticed, <ref target='Pg152'>152</ref></l> +<l rend='margin-left: 2'>writing and use of word-phrases, <ref target='Pg152'>152</ref></l> +</lg> + +<lg> +<l>Elam, Elamites, troubles of, <ref target='Pg360'>360</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Elamite contracts, <ref target='Pg030'>30</ref></l> +</lg> + +<lg> +<l>Elders as assessors to the judges, <ref target='Pg080'>80</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Endowment of temples by kings, <ref target='Pg195'>195</ref>, <ref target='Pg208'>208</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Entailed. <hi rend='italic'>See</hi> <ref target='index-family'>Family</ref>:</l> +<l rend='margin-left: 2'>family property, <ref target='Pg122'>122</ref>, <ref target='Pg184'>184</ref></l> +<l rend='margin-left: 2'>land, <ref target='Pg184'>184</ref></l> +</lg> + +<lg> +<l>Equals, assault on, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>200</hi>, <hi rend='vertical-align: super'>203</hi>, <hi rend='vertical-align: super'>204</hi></l> +</lg> + +<lg> +<l>Esarhaddon, King of Assyria:</l> +<l rend='margin-left: 2'>his long absences, <ref target='Pg371'>371</ref></l> +<l rend='margin-left: 2'>inquiries about oracles, <ref target='Pg379'>379</ref></l> +<l rend='margin-left: 2'>letter from, <ref target='Pg360'>360</ref></l> +<l rend='margin-left: 2'>sequence in his family, <ref target='Pg366'>366</ref>, <ref target='Pg375'>375</ref>, <ref target='Pg376'>376</ref></l> +<l rend='margin-left: 2'>son of Sennacherib, <ref target='Pg108'>108</ref>, <ref target='Pg369'>369</ref></l> +</lg> + +<lg> +<l>Estates, great, plans of, <ref target='Pg249'>249</ref></l> +</lg> + +<lg> +<l>Evicted:</l> +<l rend='margin-left: 2'>purchaser reimbursed, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi></l> +<l rend='margin-left: 2'>tenant reimbursed, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>Y</hi></l> +</lg> + +<lg> +<l>Exchange of benefice illegal, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>41</hi></l> +</lg> + +<lg> +<l>Expulsion of judge for altering judgment, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>5</hi></l> +</lg> + +<lg> +<l>Eye torn out, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>193</hi></l> +<l rend='margin-left: 2'>fee for cure of, ten shekels of silver, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215</hi></l> +<l rend='margin-left: 2'>in diseased state, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215</hi></l> +<l rend='margin-left: 2'>knocked out by assailant, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>196</hi></l> +<l rend='margin-left: 2'>loss of eye assessed at half value of slave, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>220</hi></l> +<l rend='margin-left: 2'>operated on with bronze lancet, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215</hi></l> +</lg> + +<lg> +<anchor id='index-false-judgement'/> +<l>False judgment:</l> +<l rend='margin-left: 2'>claims for money or goods, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>106</hi>, <hi rend='vertical-align: super'>107</hi>, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>126</hi></l> +<l rend='margin-left: 2'>penalty for, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>5</hi></l> +<l rend='margin-left: 2'>witness, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>3</hi>, <hi rend='vertical-align: super'>4</hi></l> +</lg> + +<lg> +<anchor id="index-family"/> +<l>Family:</l> +<l rend='margin-left: 2'>alienation of property restricted by its rights, <ref target='Pg219'>219</ref></l> +<l rend='margin-left: 2'>attachment to ancestors, <ref target='Pg120'>120</ref>, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>descendants of artisans, <ref target='Pg120'>120</ref></l> +<l rend='margin-left: 2'>in guilds of trade, <ref target='Pg121'>121</ref></l> +<l rend='margin-left: 2'>property entailed, <ref target='Pg122'>122</ref></l> +<l rend='margin-left: 2'>registration by father or master of the house, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>registration of birth, marriage, and death, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>relations of, centred in marriage, <ref target='Pg119'>119</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>registration of descent of, <ref target='Pg121'>121</ref>, <ref target='Pg128'>128</ref>, <ref target='Pg132'>132</ref></l> +</lg> + +<lg> +<l>Family life, responsibilities of, to the community, <ref target='Pg122'>122</ref></l> +</lg> + +<lg> +<l>Family laws, Sumerian, <ref target='Pg009'>9</ref></l> +</lg> + +<lg> +<anchor id='index-farm'/> +<l>Farm. <hi rend='italic'>See</hi> <ref target='index-lease'>Lease</ref>:</l> +<l rend='margin-left: 2'>conditions of tenancy, <ref target='Pg276'>276</ref></l> +<pb n='411'/><anchor id='Pg411'/> +<l rend='margin-left: 2'>fields rented, <ref target='Pg276'>276</ref></l> +<l rend='margin-left: 2'>house rented, <ref target='Pg275'>275</ref></l> +<l rend='margin-left: 4'>rental variable, <ref target='Pg275'>275</ref></l> +<l rend='margin-left: 2'>taken on shares, <ref target='Pg276'>276</ref></l> +</lg> + +<lg> +<l>Fatal assaults, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>207</hi>, <hi rend='vertical-align: super'>208</hi>, <hi rend='vertical-align: super'>210</hi>, <hi rend='vertical-align: super'>214</hi></l> +</lg> + +<lg> +<l>Father. <hi rend='italic'>See</hi> <ref target='index-children'>Children</ref>, <ref target='index-wife'>Wife</ref>:</l> +<l rend='margin-left: 2'>disinheriting a son, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>168</hi>, <hi rend='vertical-align: super'>169</hi></l> +<l rend='margin-left: 2'>giving dowry to a daughter, votary of Marduk, <ref target='Pg059'>59</ref>, <ref target='Pg060'>60</ref></l> +<l rend='margin-left: 2'>rights, duties, and responsibilities of, <ref target='Pg148'>148</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Father-in-law:</l> +<l rend='margin-left: 2'>and son-in-law not to quarrel over the marriage-portion, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>E</hi></l> +<l rend='margin-left: 2'>if guilty of incest, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 2'>responsibilities of, to intended son-in-law, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>159-161</hi></l> +</lg> + +<lg> +<l>Fees, to surgeon:</l> +<l rend='margin-left: 2'>for limb or bowels cured, five shekels of silver, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>221</hi></l> +<l rend='margin-left: 2'>for same on plebeian, three shekels of silver, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>222</hi></l> +<l rend='margin-left: 2'>for same on slave, two shekels of silver, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>223</hi></l> +<l rend='margin-left: 2'>for serious operation on cataract, ten shekels of silver, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215</hi></l> +<l rend='margin-left: 2'>for same on plebeian, five shekels of silver, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>216</hi></l> +<l rend='margin-left: 2'>for same on man's slave, two shekels of silver, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>217</hi></l> +<l rend='margin-left: 2'>for storage of corn, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi>, <hi rend='vertical-align: super'>121</hi></l> +<l rend='margin-left: 2'>to builder, two shekels of silver for each SAR built on, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>228</hi></l> +<l rend='margin-left: 2'>to builder of boat, sixty GUR per man, two shekels of silver, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>234</hi></l> +<l rend='margin-left: 2'>to veterinary, for curing ox or ass, one-sixth shekel of silver, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>224</hi></l> +</lg> + +<lg> +<l>Field. <hi rend='italic'>See</hi> <ref target='index-land'>Land</ref>:</l> +<l rend='margin-left: 2'>in relation to real property, <ref target='Pg189'>189</ref></l> +</lg> + +<lg> +<anchor id='index-fines'/> +<l>Fines imposed for:</l> +<l rend='margin-left: 2'>assault on patrician, one mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>204</hi></l> +<l rend='margin-left: 2'>assault on plebeian, ten shekels of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>203</hi></l> +<l rend='margin-left: 2'>assault on pregnant free-woman, miscarried, ten shekels, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>209</hi></l> +<l rend='margin-left: 2'>assault on pregnant plebeian woman, miscarried, five shekels, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>211</hi></l> +<l rend='margin-left: 2'>assault on pregnant slave, miscarried, two shekels, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>213</hi></l> +<l rend='margin-left: 2'>defrauding, 60 GUR of corn for each GAN, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>255</hi></l> +<l rend='margin-left: 2'>fatal assault by mischance, one-half mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>207</hi></l> +<l rend='margin-left: 2'>fatal assault on plebeian, one-third mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>208</hi></l> +<l rend='margin-left: 2'>fatal assault on plebeian, pregnant, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>212</hi></l> +<l rend='margin-left: 2'>fatal assault on pregnant slave, one-third mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>214</hi></l> +<l rend='margin-left: 2'>illegal distraint, one-third mina of silver, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>114</hi></l> +<l rend='margin-left: 2'>imposing distraint on working ox, one-third mina of silver, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>241</hi></l> +<l rend='margin-left: 2'>not guarding against viciousness of bull, one-half mina of silver, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>251</hi>;</l> +<l rend='margin-left: 4'>if slave killed, one-third mina of silver, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>252</hi></l> +<l rend='margin-left: 2'>patrician's servant's eye or limb, half his value, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>199</hi></l> +<l rend='margin-left: 2'>plebeian's eye or limb, one mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>198</hi></l> +<l rend='margin-left: 2'>plebeian's tooth, one-third mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>201</hi></l> +<l rend='margin-left: 2'>seducing son's betrothed, one-half mina of silver, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 2'>theft of <hi rend='italic'>shadduf</hi>, or a plough, three shekels of silver, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>260</hi></l> +<l rend='margin-left: 2'>theft of watering machine, five shekels of silver, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>259</hi></l> +</lg> + +<lg> +<l>Fire, theft at, its penalty, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>25</hi></l> +</lg> + +<lg> +<l>Fishing rights, how regulated, <ref target='Pg328'>328</ref></l> +</lg> + +<lg> +<l>Floods, flooding, by rain, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45</hi>, <hi rend='vertical-align: super'>48</hi></l> +</lg> + +<lg> +<l>Food-stuffs:</l> +<l rend='margin-left: 2'>accounts of, <ref target='Pg301'>301</ref></l> +<l rend='margin-left: 2'>request for, <ref target='Pg336'>336</ref></l> +</lg> + +<lg> +<l>Forced labor. <hi rend='italic'>See</hi> <ref target='index-militia'>Militia</ref></l> +</lg> + +<lg> +<l>Forfeitures:</l> +<l rend='margin-left: 2'>ancient custom in law courts, <ref target='Pg095'>95</ref></l> +<l rend='margin-left: 2'>for excessive cruelty, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +<l rend='margin-left: 2'>for illegal seizure, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>113</hi></l> +<l rend='margin-left: 2'>for illegalities, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>35</hi>, <hi rend='vertical-align: super'>37</hi>, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>177</hi></l> +<l rend='margin-left: 2'>for neglect, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>255</hi>, <hi rend='vertical-align: super'>256</hi></l> +</lg> + +<lg> +<l>Foster-mother:</l> +<l rend='margin-left: 2'>her duties and liabilities, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>194</hi></l> +<l rend='margin-left: 2'>penalty, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>194</hi></l> +</lg> + +<lg> +<l>Freedom to:</l> +<l rend='margin-left: 2'>betrothed, after seduction, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 2'>brander, if deceived, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>227</hi></l> +<l rend='margin-left: 2'>concubine, after bringing up her children, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +<l rend='margin-left: 2'>hostage for debt, in fourth year, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>117</hi></l> +<l rend='margin-left: 2'>widow, if persecuted by her children, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>172</hi></l> +</lg> + +<lg> +<l>Freemen made slaves, <ref target='Pg177'>177</ref>, <ref target='Pg178'>178</ref></l> +</lg> + +<lg> +<l>Fugitive slave, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi>, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>17</hi></l> +<l rend='margin-left: 2'>or plebeian, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi></l> +</lg> + +<lg> +<l>Garden plot. <hi rend='italic'>See</hi> <ref target='index-land'>Land</ref>, <ref target='index-sales'>Sales</ref>:</l> +<l rend='margin-left: 2'>in relation to real property, <ref target='Pg189'>189</ref></l> +<l rend='margin-left: 2'>leasing and working, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>60-65</hi></l> +<l rend='margin-left: 2'>sold as stocked, <ref target='Pg247'>247</ref>, <ref target='Pg248'>248</ref></l> +<l rend='margin-left: 2'>stock, vegetables, <ref target='Pg247'>247</ref>, <ref target='Pg248'>248</ref></l> +</lg> + +<lg> +<l><hi rend='italic'>Gens</hi>, its relation to the family, <ref target='Pg120'>120</ref>. <hi rend='italic'>See</hi> <ref target='index-family'>Family</ref></l> +</lg> + +<lg> +<l>Gifts:</l> +<l rend='margin-left: 2'>as conditioned, <ref target='Pg219'>219</ref></l> +<l rend='margin-left: 2'>as duly executed, signed, and sealed, <ref target='Pg219'>219</ref></l> +<l rend='margin-left: 2'>as pin-money to a wife, <ref target='Pg221'>221</ref></l> +<l rend='margin-left: 2'>as restricted, <ref target='Pg219'>219</ref></l> +<l rend='margin-left: 2'>by father to daughter, <ref target='Pg220'>220</ref></l> +<l rend='margin-left: 2'>dedication to temple as free gift, <ref target='Pg223'>223</ref></l> +<l rend='margin-left: 2'>to friends and relatives open to suspicion, <ref target='Pg223'>223</ref></l> +</lg> + +<pb n='412'/><anchor id='Pg412'/> + +<lg> +<l>God:</l> +<l rend='margin-left: 2'>a party in every case in court, <ref target='Pg090'>90</ref></l> +<l rend='margin-left: 2'>has struck ox to death, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>249</hi></l> +<l rend='margin-left: 2'>oaths by, <ref target='Pg186'>186</ref>, <ref target='Pg187'>187</ref></l> +<l rend='margin-left: 2'>his temple the first centre of civilization, <ref target='Pg186'>186</ref></l> +</lg> + +<lg> +<l>Goring by ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>250</hi>, <hi rend='vertical-align: super'>251</hi></l> +</lg> + +<lg> +<l>Gouging out eye, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>196</hi>, <hi rend='vertical-align: super'>198</hi></l> +<l rend='margin-left: 2'>as penalty, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>196</hi></l> +</lg> + +<lg> +<l>Governor, prefect:</l> +<l rend='margin-left: 2'>duties and responsibilities, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>33 <hi rend='italic'>sq.</hi></hi></l> +<l rend='margin-left: 2'>liable to the death penalty, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>33</hi></l> +<l rend='margin-left: 2'>may not alienate or appropriate public property, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>33 <hi rend='italic'>sq.</hi></hi></l> +</lg> + +<lg> +<l>Granary or barn, safe against creditor, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>113</hi></l> +</lg> + +<lg> +<l>Guarantees. <hi rend='italic'>See</hi> <ref target='index-pledges'>Pledges</ref>:</l> +<l rend='margin-left: 2'>against defects in slave, <ref target='Pg269'>269</ref>;</l> +<l rend='margin-left: 4'>suits at law, <ref target='Pg270'>270</ref>;</l> +<l rend='margin-left: 4'>theft, <ref target='Pg269'>269</ref></l> +<l rend='margin-left: 2'>joint responsibility, <ref target='Pg269'>269</ref></l> +<l rend='margin-left: 2'>regarding slaves, <ref target='Pg174'>174</ref> <hi rend='italic'>sq.</hi> <hi rend='italic'>See</hi> <ref target='index-slavery'>Slavery</ref></l> +<l rend='margin-left: 2'>securities for debt, <ref target='Pg268'>268</ref></l> +<l rend='margin-left: 2'>security for appearance, as of witness, <ref target='Pg268'>268</ref>, <ref target='Pg269'>269</ref></l> +<l rend='margin-left: 2'>value of securities, <ref target='Pg270'>270</ref></l> +</lg> + +<lg> +<l>Guilds:</l> +<l rend='margin-left: 2'>of trade, <ref target='Pg121'>121</ref></l> +<l rend='margin-left: 2'>rival, <ref target='Pg121'>121</ref></l> +</lg> + +<lg> +<l>Guilty knowledge by buyer of stolen goods, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>10</hi></l> +</lg> + +<lg> +<l>Ḥammurabi:</l> +<l rend='margin-left: 2'>as an administrator, <ref target='Pg317'>317</ref></l> +<l rend='margin-left: 2'>brought back the goddesses, <ref target='Pg319'>319</ref>, <ref target='Pg320'>320</ref></l> +<l rend='margin-left: 2'>building enterprises, <ref target='Pg318'>318</ref></l> +<l rend='margin-left: 2'>care for temple revenues, <ref target='Pg317'>317</ref></l> +<l rend='margin-left: 2'>cares for canals, <ref target='Pg320'>320</ref>, <ref target='Pg321'>321</ref></l> +<l rend='margin-left: 2'>Code of laws, <ref target='Pg044'>44-67</ref>;</l> +<l rend='margin-left: 4'>its bibliography, <ref target='Pg006'>6</ref> <hi rend='italic'>sq.</hi>;</l> +<l rend='margin-left: 4'>its value, <ref target='Pg004'>4</ref>, <ref target='Pg005'>5</ref>;</l> +<l rend='margin-left: 4'>its condition, <ref target='Pg006'>6</ref>;</l> +<l rend='margin-left: 4'>history of its text, <ref target='Pg005'>5</ref></l> +<l rend='margin-left: 2'>decides about taxes, <ref target='Pg323'>323</ref>, <ref target='Pg324'>324</ref></l> +<l rend='margin-left: 2'>epilogue to the Code, <ref target='Pg389'>389</ref>, <ref target='Pg392'>392</ref></l> +<l rend='margin-left: 2'>letters of, summarized, <ref target='Pg316'>316</ref> <hi rend='italic'>sq.</hi>;</l> +<l rend='margin-left: 4'>belong to the first dynasty of Babylon, <ref target='Pg316'>316</ref>;</l> +<l rend='margin-left: 4'>their importance, <ref target='Pg316'>316</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>ordering the calendar, <ref target='Pg317'>317</ref></l> +<l rend='margin-left: 2'>private property, <ref target='Pg318'>318</ref></l> +<l rend='margin-left: 2'>prologue to the Code, <ref target='Pg389'>389</ref>, <ref target='Pg390'>390</ref></l> +<l rend='margin-left: 2'>punishes bribery, <ref target='Pg321'>321</ref></l> +<l rend='margin-left: 2'>redresses wrong, <ref target='Pg321'>321</ref></l> +<l rend='margin-left: 2'>supervises justice, <ref target='Pg318'>318</ref></l> +</lg> + +<lg> +<l>Hand of God, loss by, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45</hi>, <hi rend='vertical-align: super'>46</hi>, <hi rend='vertical-align: super'>48</hi></l> +</lg> + +<lg> +<l>Hands cut off as penalty:</l> +<l rend='margin-left: 2'>for branding slave without leave, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>226</hi>;</l> +<l rend='margin-left: 4'>careless operation of surgeon, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>218</hi>;</l> +<l rend='margin-left: 4'>striking father, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>195</hi></l> +</lg> + +<lg> +<l>Harboring fugitive slave, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi></l> +</lg> + +<lg> +<l>Heirs, their reversionary rights, <ref target='Pg221'>221</ref></l> +</lg> + +<lg> +<l>Highway robbery, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>22-24</hi></l> +<l rend='margin-left: 2'>city or district responsible, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>22-24</hi></l> +<l rend='margin-left: 2'>penalty, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>22</hi></l> +<l rend='margin-left: 2'>redress for, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>23</hi>, <hi rend='vertical-align: super'>2</hi></l> +</lg> + +<lg> +<anchor id='index-hire'/> +<l>Hire. <hi rend='italic'>See</hi> <ref target='index-labor'>Labor</ref>, <ref target='index-wages'>Wages</ref>:</l> +<l rend='margin-left: 2'>by king's standard, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>51</hi></l> +<l rend='margin-left: 2'>of boat, 3 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>275</hi>;</l> +<l rend='margin-left: 4'>fast boat, 2-1/2 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>276</hi>;</l> +<l rend='margin-left: 4'>freight-boat of 60 GUR, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>277</hi></l> +<l rend='margin-left: 2'>of slave, adjustment of wages, <ref target='Pg271'>271</ref></l> +<l rend='margin-left: 2'>of slave, <ref target='Pg271'>271</ref></l> +<l rend='margin-left: 2'>wages or hire fixed for:</l> +<l rend='margin-left: 4'>artisan, 5 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>274</hi></l> +<l rend='margin-left: 4'>ass for threshing, 10 ḲA of corn <hi rend='italic'>per diem</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>269</hi></l> +<l rend='margin-left: 4'>boatman, 6 GUR of corn <hi rend='italic'>per annum</hi>, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>239</hi></l> +<l rend='margin-left: 4'>builder, (?) ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>274</hi></l> +<l rend='margin-left: 4'>carpenter, 4 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>274</hi></l> +<l rend='margin-left: 4'>field laborer, 8 GUR of corn <hi rend='italic'>per annum</hi>, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>257</hi></l> +<l rend='margin-left: 4'>herdsman or shepherd, 8 GUR of corn <hi rend='italic'>per annum</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>261</hi></l> +<l rend='margin-left: 4'>laborer, first five months, 6 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>273</hi></l> +<l rend='margin-left: 4'>laborer, last seven months, 5 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>273</hi></l> +<l rend='margin-left: 4'>milch cow, 3 GUR of corn <hi rend='italic'>per annum</hi>, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>243</hi></l> +<l rend='margin-left: 4'>ox herd, 6 GUR of corn <hi rend='italic'>per annum</hi>, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>258</hi></l> +<l rend='margin-left: 4'>ox for threshing, 20 ḲA of corn <hi rend='italic'>per diem</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>268</hi></l> +<l rend='margin-left: 4'>oxen, wagon, and driver, 160 ḲA of corn <hi rend='italic'>per diem</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>271</hi></l> +<l rend='margin-left: 4'>potter, 5 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>274</hi></l> +<l rend='margin-left: 4'>ropemaker, 4 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>274</hi></l> +<l rend='margin-left: 4'>slave, 10 ḲA of corn <hi rend='italic'>per diem</hi>, <ref target='Pg042'>42</ref>, <hi rend='vertical-align: super'>VII</hi></l> +<l rend='margin-left: 4'>stone-cutter, (?) ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>274</hi></l> +<l rend='margin-left: 4'>tailor, 5 ŠE of silver <hi rend='italic'>per diem</hi>, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>274</hi></l> +<l rend='margin-left: 2'>wages and time limit, <ref target='Pg272'>272</ref>, <ref target='Pg273'>273</ref></l> +<l rend='margin-left: 4'>wagon alone, 40 ḲA of corn <hi rend='italic'>per diem</hi>, <hi rend='vertical-align: super'>272</hi></l> +<l rend='margin-left: 4'>working ox, 4 GUR of corn <hi rend='italic'>per annum</hi>, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>242</hi></l> +<l rend='margin-left: 4'>young animal for threshing, 1 ḲA of corn <hi rend='italic'>per diem</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>270</hi></l> +</lg> + +<lg> +<l>Hiring, risks in:</l> +<l rend='margin-left: 2'>bull, known to be vicious, kills freeman, one-half mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>251</hi></l> +<l rend='margin-left: 2'>bull, known to be vicious, kills slave, one-third mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>252</hi></l> +<l rend='margin-left: 2'>bull, mad and gores, the owner free, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>250</hi></l> +<l rend='margin-left: 2'>ox, broken horn or torn muzzle or tail cut off, quarter the value of ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>248</hi></l> +<l rend='margin-left: 2'>ox, cut or broken leg, ox for ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>246</hi></l> +<l rend='margin-left: 2'>ox, died from the elements, on affidavit man is free, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>249</hi></l> +<l rend='margin-left: 2'>ox gored to death or killed by blows, ox for ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>245</hi></l> +<l rend='margin-left: 2'>ox, loses an eye, half the value of ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>247</hi></l> +<pb n='413'/><anchor id='Pg413'/> +<l rend='margin-left: 2'>ox or ass killed by lion in open field, owner's risk, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>244</hi></l> +<l rend='margin-left: 2'>slave killed, one-third mina of silver, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>252</hi></l> +</lg> + +<lg> +<l>Hostage for debt. <hi rend='italic'>See</hi> <ref target='index-mancipium'>Mancipium</ref></l> +</lg> + +<lg> +<l>Housebreaking, its penalties, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>6</hi>, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>21</hi>, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>125</hi></l> +</lg> + +<lg> +<anchor id='index-houses'/> +<l>Houses:</l> +<l rend='margin-left: 2'>block of, in Nineveh, <ref target='Pg245'>245</ref></l> +<l rend='margin-left: 2'>bought as area of land, <ref target='Pg187'>187</ref>, <ref target='Pg188'>188</ref></l> +<l rend='margin-left: 2'>burial vault in, <ref target='Pg245'>245</ref></l> +<l rend='margin-left: 2'>contracts for building, <ref target='Pg240'>240</ref></l> +<l rend='margin-left: 2'>cost, <ref target='Pg246'>246</ref></l> +<l rend='margin-left: 2'>deed of sale, <ref target='Pg241'>241</ref></l> +<l rend='margin-left: 2'>description for sale, <ref target='Pg240'>240</ref></l> +<l rend='margin-left: 2'>in relation to land, <ref target='Pg188'>188</ref></l> +<l rend='margin-left: 2'>plans of, and description, <ref target='Pg239'>239</ref></l> +<l rend='margin-left: 2'>price, <ref target='Pg243'>243</ref></l> +<l rend='margin-left: 2'>side buildings, <ref target='Pg246'>246</ref></l> +<l rend='margin-left: 2'>size, <ref target='Pg246'>246</ref></l> +<l rend='margin-left: 2'>various parts of, <ref target='Pg244'>244</ref></l> +</lg> + +<lg> +<l>Hypothecation, law of, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi></l> +</lg> + +<lg> +<l>Identification of lost property, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi></l> +</lg> + +<lg> +<l>Ignorance, plea of, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>206</hi>, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>227</hi></l> +</lg> + +<lg> +<l>Illegal purchase and its penalty, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>35</hi>, <hi rend='vertical-align: super'>37</hi></l> +</lg> + +<lg> +<l>Impaling:</l> +<l rend='margin-left: 2'>as a penalty considered, <ref target='Pg097'>97</ref></l> +<l rend='margin-left: 2'>death penalty to wife for conniving at her husband's murder, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>153</hi></l> +</lg> + +<lg> +<l>Incest:</l> +<l rend='margin-left: 2'>crime of, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>154-158</hi></l> +<l rend='margin-left: 2'>of man and daughter, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 4'>penalty, man banished the city, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 2'>of man and daughter-in-law, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 4'>penalty, man strangled and woman drowned, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi></l> +<l rend='margin-left: 2'>of man and his mother, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>157</hi></l> +<l rend='margin-left: 4'>penalty, both burnt, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>157</hi></l> +<l rend='margin-left: 2'>of man and step-mother, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>158</hi></l> +<l rend='margin-left: 4'>penalty, to be cut off from his father's house, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>158</hi></l> +<l rend='margin-left: 2'>of man and woman betrothed to his son, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 4'>penalty, half mina of silver and marriage-portion, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>156</hi></l> +</lg> + +<lg> +<anchor id='index-inheritance'/> +<l>Inheritance. <hi rend='italic'>See</hi> <ref target='index-marriage'>Marriage</ref>:</l> +<l rend='margin-left: 2'>implied in adoption, <ref target='Pg157'>157</ref>, <ref target='Pg160'>160</ref></l> +<l rend='margin-left: 2'>of sons by second marriage, <ref target='Pg071'>71</ref>, <hi rend='vertical-align: super'>D</hi></l> +<l rend='margin-left: 2'>rights of, considered, <ref target='Pg161'>161</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>succession by law of descent, <ref target='Pg121'>121</ref></l> +</lg> + +<lg> +<l>Interest:</l> +<l rend='margin-left: 2'>by the king's standard, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>51</hi></l> +<l rend='margin-left: 2'>calculated by the merchant, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100</hi></l> +<l rend='margin-left: 2'>on bond to creditor, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi>, <ref target='Pg255'>255</ref></l> +<l rend='margin-left: 2'>on temporary loan, <ref target='Pg251'>251</ref>, <ref target='Pg255'>255</ref></l> +<l rend='margin-left: 2'>on use of corn, <ref target='Pg256'>256</ref></l> +<l rend='margin-left: 2'>postponed for a year, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +<l rend='margin-left: 2'>relations between interest and profit, <ref target='Pg265'>265</ref></l> +</lg> + +<lg> +<l>Iron, mention of, <ref target='Pg302'>302</ref></l> +</lg> + +<lg> +<l>Judge:</l> +<l rend='margin-left: 2'>acts on marriage-portions, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>E</hi>, <hi rend='vertical-align: super'>G</hi></l> +<l rend='margin-left: 2'>duties and liabilities, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>5</hi>, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi>, <hi rend='vertical-align: super'>13</hi>, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>127</hi>, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>177</hi>, <ref target='Pg072'>72</ref>, <ref target='Pg073'>73</ref>, <ref target='Pg080'>80</ref> <hi rend='italic'>sq.</hi>, 102 <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>his position in ancient Babylonia, <ref target='Pg080'>80</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>how the case was submitted, <ref target='Pg088'>88</ref></l> +<l rend='margin-left: 2'>inquires in interest of children of first marriage, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>177</hi></l> +<l rend='margin-left: 2'>list of sentences and decisions by, <ref target='Pg102'>102</ref></l> +<l rend='margin-left: 2'>name of officials in Assyrian times, <ref target='Pg106'>106</ref></l> +<l rend='margin-left: 2'>to witness branding, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>127</hi></l> +</lg> + +<lg> +<l>Judgment, false. <hi rend='italic'>See</hi> <ref target='index-false-judgement'>False</ref>:</l> +<l rend='margin-left: 2'>by default, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>13</hi></l> +<l rend='margin-left: 2'>not to be altered, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>5</hi></l> +</lg> + +<lg> +<l>Kidnapping, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>14</hi></l> +</lg> + +<lg> +<l>King:</l> +<l rend='margin-left: 2'>could impress laborers, <ref target='Pg205'>205</ref></l> +<l rend='margin-left: 2'>endowed temples, <ref target='Pg195'>195</ref>, <ref target='Pg208'>208</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>gave loans, <ref target='Pg258'>258</ref>;</l> +<l rend='margin-left: 4'>often before harvest, or at seed-time, <ref target='Pg258'>258</ref></l> +<l rend='margin-left: 2'>granted privileges, <ref target='Pg195'>195</ref></l> +<l rend='margin-left: 2'>had power of life, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>129</hi></l> +<l rend='margin-left: 2'>his power over lands, <ref target='Pg192'>192</ref>;</l> +<l rend='margin-left: 4'>limited, <ref target='Pg192'>192</ref>;</l> +<l rend='margin-left: 4'>limited by rights of private property, <ref target='Pg192'>192</ref>, <ref target='Pg193'>193</ref></l> +<l rend='margin-left: 2'>made large land grants, <ref target='Pg193'>193</ref>, <ref target='Pg194'>194</ref></l> +<l rend='margin-left: 2'>power to pardon, <ref target='Pg330'>330</ref></l> +<l rend='margin-left: 2'>presents made between kings, <ref target='Pg131'>131</ref></l> +<l rend='margin-left: 2'>probably wrote, <ref target='Pg308'>308</ref></l> +</lg> + +<lg> +<l>King's standard of money, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>51</hi></l> +</lg> + +<lg> +<l>Kudur, Governor of Erech, letters of, <ref target='Pg356'>356</ref>, <ref target='Pg357'>357</ref>, <ref target='Pg358'>358</ref>, <ref target='Pg359'>359</ref></l> +</lg> + +<lg> +<anchor id='index-labor'/> +<l>Labor, forced. <hi rend='italic'>See</hi> <ref target='index-militia'>Militia</ref>:</l> +<l rend='margin-left: 2'>free, in demand, <ref target='Pg269'>269</ref></l> +<l rend='margin-left: 2'>guaranteed, <ref target='Pg272'>272</ref></l> +<l rend='margin-left: 2'>in competition, <ref target='Pg269'>269</ref></l> +<l rend='margin-left: 2'>time hired, <ref target='Pg269'>269</ref></l> +</lg> + +<lg> +<l>Lancet. <hi rend='italic'>See</hi> <ref target='index-bronze'>Bronze</ref></l> +</lg> + +<lg> +<anchor id='index-land'/> +<l>Land:</l> +<l rend='margin-left: 2'>as a field, <ref target='Pg189'>189</ref></l> +<l rend='margin-left: 2'>as garden, <ref target='Pg189'>189</ref></l> +<l rend='margin-left: 2'>ancestral domain, claimed, <ref target='Pg187'>187</ref></l> +<l rend='margin-left: 2'>boundary stones, <ref target='Pg191'>191</ref></l> +<l rend='margin-left: 2'>dedication to a temple, <ref target='Pg223'>223</ref></l> +<l rend='margin-left: 2'>different from personal property, <ref target='Pg184'>184</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>different kinds of real property, <ref target='Pg187'>187</ref></l> +<l rend='margin-left: 2'>entailed property, <ref target='Pg184'>184</ref></l> +<l rend='margin-left: 2'>great estates, <ref target='Pg249'>249</ref>;</l> +<l rend='margin-left: 4'>their plans, <ref target='Pg249'>249</ref></l> +<l rend='margin-left: 2'>hired or let on shares, <ref target='Pg197'>197</ref></l> +<l rend='margin-left: 2'>how described for identification, <ref target='Pg237'>237</ref></l> +<l rend='margin-left: 2'>in relation to houses, <ref target='Pg188'>188</ref></l> +<l rend='margin-left: 2'>its individuality, <ref target='Pg190'>190</ref>, <ref target='Pg191'>191</ref></l> +<l rend='margin-left: 2'>king's power over, <ref target='Pg192'>192</ref></l> +<l rend='margin-left: 2'>landmarks, <ref target='Pg191'>191</ref></l> +<l rend='margin-left: 2'>leases, <ref target='Pg198'>198</ref></l> +<l rend='margin-left: 2'>loans on, <ref target='Pg197'>197</ref></l> +<l rend='margin-left: 2'>obligations of many kinds, <ref target='Pg205'>205</ref></l> +<l rend='margin-left: 2'>ownership of cultivated, <ref target='Pg185'>185</ref></l> +<l rend='margin-left: 2'>primitive tenure, <ref target='Pg185'>185</ref></l> +<l rend='margin-left: 2'>sale of, <ref target='Pg187'>187</ref> <hi rend='italic'>sq.</hi>, <ref target='Pg227'>227</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>settled hamlet, temple, etc., <ref target='Pg186'>186</ref></l> +<l rend='margin-left: 2'>sold subject to its dues, <ref target='Pg187'>187</ref></l> +<pb n='414'/><anchor id='Pg414'/> +<l rend='margin-left: 2'>systems of measurement, <ref target='Pg189'>189</ref></l> +<l rend='margin-left: 4'>by the yield, <ref target='Pg190'>190</ref></l> +<l rend='margin-left: 2'>tenure in Babylonia, <ref target='Pg114'>114</ref>, <ref target='Pg184'>184</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>terms applied to, <ref target='Pg188'>188</ref>, <ref target='Pg189'>189</ref></l> +<l rend='margin-left: 2'>the Metayer system, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>253-256</hi>, <ref target='Pg196'>196</ref></l> +<l rend='margin-left: 2'>the purchaser, how protected, <ref target='Pg228'>228</ref></l> +<l rend='margin-left: 2'>under manorial obligations, <ref target='Pg199'>199</ref></l> +<l rend='margin-left: 2'>village, <ref target='Pg185'>185</ref></l> +</lg> + +<lg> +<l>Landlord. <hi rend='italic'>See</hi> <ref target='index-metayer'>Metayer</ref>, <ref target='index-temple'>Temple</ref>:</l> +<l rend='margin-left: 2'>loans to tenants, <ref target='Pg211'>211</ref></l> +<l rend='margin-left: 2'>risks, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>46</hi></l> +</lg> + +<lg> +<l>Landmarks, inviolable, not to be encroached upon, <ref target='Pg191'>191</ref></l> +</lg> + +<lg> +<anchor id='index-lease'/> +<l>Lease, tenancy, tenant, farm:</l> +<l rend='margin-left: 2'>abatements for losses by flood, etc., <ref target='Pg048'>48</ref></l> +<l rend='margin-left: 2'>allowances, <ref target='Pg277'>277</ref></l> +<l rend='margin-left: 2'>damages incurred, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42 <hi rend='italic'>sq.</hi></hi></l> +<l rend='margin-left: 2'>different forms of, <ref target='Pg198'>198</ref>; fixed rent, <ref target='Pg198'>198</ref>;</l> +<l rend='margin-left: 4'>improving lease, <ref target='Pg198'>198</ref>, <ref target='Pg277'>277</ref></l> +<l rend='margin-left: 2'>duties and responsibilities of, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42 <hi rend='italic'>sq.</hi></hi></l> +<l rend='margin-left: 2'>field to cultivate, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42</hi>, <hi rend='vertical-align: super'>43</hi></l> +<l rend='margin-left: 2'>garden on five-year lease, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>60</hi></l> +<l rend='margin-left: 2'>land on three-year lease, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>44</hi></l> +<l rend='margin-left: 2'>life, rare, <ref target='Pg278'>278</ref></l> +<l rend='margin-left: 2'>not invalidated by neglect to cultivate, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>52</hi>;</l> +<l rend='margin-left: 4'>but damages to be given, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>63</hi></l> +<l rend='margin-left: 2'>of property generally, <ref target='Pg275'>275</ref> <hi rend='italic'>sq.</hi>;</l> +<l rend='margin-left: 4'>farm-house, <ref target='Pg275'>275</ref>;</l> +<l rend='margin-left: 4'>rental variable, <ref target='Pg275'>275</ref></l> +<l rend='margin-left: 2'>questions of rent and adjustments, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>50-52</hi>, <ref target='Pg277'>277</ref></l> +<l rend='margin-left: 2'>rights as between money-lender and owner of farm, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi></l> +<l rend='margin-left: 2'>rent due at harvest-time, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>47</hi>, <ref target='Pg049'>49</ref></l> +<l rend='margin-left: 2'>risks are the farmer's, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45</hi></l> +<l rend='margin-left: 4'>as between owner and tenant, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>46</hi></l> +<l rend='margin-left: 2'>stipulations, <ref target='Pg277'>277</ref></l> +<l rend='margin-left: 2'>subletting, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>47</hi></l> +<l rend='margin-left: 2'>tenant cannot be evicted, or can have damages, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>Y</hi></l> +</lg> + +<lg> +<l>Leather, accounts of, <ref target='Pg301'>301</ref></l> +</lg> + +<lg> +<l>Legal:</l> +<l rend='margin-left: 2'>decisions, <ref target='Pg100'>100</ref> <hi rend='italic'>sq.</hi>;</l> +<l rend='margin-left: 4'>defects in slaves, <ref target='Pg171'>171</ref>;</l> +<l rend='margin-left: 4'>difficult to classify, <ref target='Pg101'>101</ref></l> +<l rend='margin-left: 2'>legal procedure in Babylon illustrated, <ref target='Pg108'>108</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Letters and letter-writing in Babylonia, 307 <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>about Elam and southern Babylonia, <ref target='Pg360'>360-364</ref></l> +<l rend='margin-left: 2'>Assyrian, <ref target='Pg312'>312</ref></l> +<l rend='margin-left: 2'>business, and orders, <ref target='Pg382'>382</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>Cappadocian, <ref target='Pg312'>312</ref></l> +<l rend='margin-left: 2'>classification of, <ref target='Pg314'>314</ref></l> +<l rend='margin-left: 2'>colloquial phrasing, <ref target='Pg308'>308</ref>, <ref target='Pg309'>309</ref></l> +<l rend='margin-left: 2'>difference in deciphering, <ref target='Pg309'>309</ref></l> +<l rend='margin-left: 2'>elliptical phrases, <ref target='Pg309'>309</ref></l> +<l rend='margin-left: 2'>form of letter, baked clay, 307</l> +<l rend='margin-left: 4'>its envelope, 307</l> +<l rend='margin-left: 4'>its date, <ref target='Pg307'>307</ref></l> +<l rend='margin-left: 2'>from the last year of Shamash-shum-ukin, <ref target='Pg347'>347-352</ref> <hi rend='italic'>q.v.</hi></l> +<l rend='margin-left: 2'>historical value of, <ref target='Pg314'>314</ref></l> +<l rend='margin-left: 2'>love-letter, <ref target='Pg336'>336</ref></l> +<l rend='margin-left: 2'>methods of securing privacy, <ref target='Pg307'>307</ref></l> +<l rend='margin-left: 2'>miscellaneous Assyrian, <ref target='Pg365'>365-381</ref></l> +<l rend='margin-left: 2'>of Abêshu', <ref target='Pg328'>328</ref></l> +<l rend='margin-left: 2'>of Ammi-ditana, <ref target='Pg328'>328</ref></l> +<l rend='margin-left: 2'>of Ammi-zadûga, <ref target='Pg329'>329</ref></l> +<l rend='margin-left: 2'>of first Babylonian dynasty, <ref target='Pg310'>310</ref></l> +<l rend='margin-left: 2'>of Ḥammurabi, <hi rend='italic'>q.v.</hi></l> +<l rend='margin-left: 2'>of Samsu-iluna, <ref target='Pg327'>327</ref> <hi rend='italic'>q.v.</hi></l> +<l rend='margin-left: 2'>of Sin-iddinam, <ref target='Pg316'>316</ref>, <ref target='Pg329'>329</ref></l> +<l rend='margin-left: 2'>of subsequent period, <ref target='Pg311'>311</ref></l> +<l rend='margin-left: 2'>of Tell el Amarna, <ref target='Pg311'>311</ref></l> +<l rend='margin-left: 2'>of the second Babylonian Empire, <ref target='Pg382'>382-385</ref></l> +<l rend='margin-left: 2'>old Babylonian, <ref target='Pg336'>336</ref></l> +<l rend='margin-left: 2'>other letters, <ref target='Pg330'>330</ref></l> +<l rend='margin-left: 2'>postal system for, <ref target='Pg309'>309</ref></l> +<l rend='margin-left: 2'>private, <ref target='Pg308'>308</ref></l> +<l rend='margin-left: 2'>private, of first Babylonian dynasty, <ref target='Pg331'>331</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>regarding affairs in southern Babylonia, <ref target='Pg353'>353-359</ref></l> +<l rend='margin-left: 2'>royal, <ref target='Pg315'>315</ref></l> +<l rend='margin-left: 2'>Sennacherib to his father Sargon, <ref target='Pg338'>338-346</ref> <hi rend='italic'>q.v.</hi></l> +<l rend='margin-left: 2'>style of address, <ref target='Pg308'>308</ref></l> +<l rend='margin-left: 2'>translations of, <ref target='Pg313'>313</ref></l> +<l rend='margin-left: 2'>variations of formula in, <ref target='Pg308'>308</ref></l> +</lg> + +<lg> +<l>Levy-master, warrant-officer, tributary. <hi rend='italic'>See</hi> <ref target='index-militia'>Militia</ref>:</l> +<l rend='margin-left: 2'>brands an escaped slave, <ref target='Pg176'>176</ref></l> +<l rend='margin-left: 2'>his duty and privilege, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>26-29</hi>, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>30-39</hi></l> +</lg> + +<lg> +<l>Lion, destruction by, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>244</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>266</hi></l> +</lg> + +<lg> +<l>Litigation not encouraged, <ref target='Pg095'>95</ref></l> +</lg> + +<lg> +<anchor id='index-loans'/> +<l>Loans. <hi rend='italic'>See</hi> <ref target='index-metayer'>Metayer</ref>, <ref target='index-trading'>Trading</ref>:</l> +<l rend='margin-left: 2'>by merchants and agents, <ref target='Pg281'>281</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>for payment of taxes, <ref target='Pg252'>252</ref></l> +<l rend='margin-left: 2'>from the temple, <ref target='Pg252'>252</ref></l> +<l rend='margin-left: 2'>giving pledges as security, <ref target='Pg262'>262</ref>, <ref target='Pg263'>263</ref></l> +<l rend='margin-left: 2'>in series of advances, <ref target='Pg234'>234</ref></l> +<l rend='margin-left: 2'>made by the king, <ref target='Pg258'>258</ref></l> +<l rend='margin-left: 2'>of corn, <ref target='Pg253'>253</ref>, <ref target='Pg258'>258</ref>, <ref target='Pg259'>259</ref></l> +<l rend='margin-left: 2'>of current coin, <ref target='Pg253'>253</ref></l> +<l rend='margin-left: 2'>of material or property, <ref target='Pg256'>256</ref></l> +<l rend='margin-left: 2'>of oil, <ref target='Pg257'>257</ref></l> +<l rend='margin-left: 2'>of other produce, <ref target='Pg253'>253</ref>, <ref target='Pg259'>259</ref></l> +<l rend='margin-left: 2'>of property on approval, <ref target='Pg256'>256</ref></l> +<l rend='margin-left: 2'>of wine, <ref target='Pg257'>257</ref></l> +<l rend='margin-left: 2'>of working material, <ref target='Pg255'>255</ref></l> +<l rend='margin-left: 2'>on exchange, <ref target='Pg255'>255</ref></l> +<l rend='margin-left: 2'>on land, <ref target='Pg197'>197</ref>. <hi rend='italic'>See</hi> <ref target='index-land'>Land</ref></l> +<l rend='margin-left: 2'>on pledges named, <ref target='Pg264'>264</ref>. <hi rend='italic'>See</hi> <ref target='index-pledges'>Pledges</ref></l> +<l rend='margin-left: 2'>on promissory notes, <ref target='Pg251'>251</ref></l> +<l rend='margin-left: 2'>on usual interest, <ref target='Pg255'>255</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>on vineyard of slaves, <ref target='Pg264'>264</ref></l> +<l rend='margin-left: 2'>receipts for, <ref target='Pg295'>295</ref></l> +<l rend='margin-left: 2'>receipts for repayment of, <ref target='Pg259'>259</ref></l> +<l rend='margin-left: 2'>records of, <ref target='Pg253'>253</ref></l> +<l rend='margin-left: 2'>temporary, at harvest-time, <ref target='Pg251'>251</ref></l> +<l rend='margin-left: 2'>value of preserved bonds, <ref target='Pg250'>250</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Local liability for:</l> +<l rend='margin-left: 2'>compensation for highway robbery, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>23</hi>, <hi rend='vertical-align: super'>24</hi>, <ref target='Pg115'>115</ref></l> +<pb n='415'/><anchor id='Pg415'/> +<l rend='margin-left: 2'>redemption of captive official, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +</lg> + +<lg> +<l>Loss:</l> +<l rend='margin-left: 2'>by God's hand, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>249</hi>, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>266</hi></l> +<l rend='margin-left: 2'>by housebreaking or rebellion, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>125</hi></l> +<l rend='margin-left: 2'>of claim in court, <ref target='Pg098'>98</ref></l> +<l rend='margin-left: 2'>or no claim allowed, <ref target='Pg099'>99</ref></l> +<l rend='margin-left: 2'>of crop, shared by landlord, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45</hi></l> +<l rend='margin-left: 2'>of flock or herd, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>226</hi></l> +<l rend='margin-left: 2'>of hired animals, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>245</hi>, <hi rend='vertical-align: super'>249</hi></l> +<l rend='margin-left: 2'>of interest, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>48</hi></l> +</lg> + +<lg> +<l>Lost property:</l> +<l rend='margin-left: 2'>pretence of losing, how punished, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>126</hi></l> +<l rend='margin-left: 2'>recovery by owner, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi></l> +<l rend='margin-left: 2'>sale by finder equals theft, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi></l> +</lg> + +<lg> +<l>Lying in claiming goods, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9-13</hi></l> +</lg> + +<lg> +<l>Magistrate, city or district governor,</l> +<l rend='margin-left: 2'>is liable for crime within the bounds, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>23</hi>, <hi rend='vertical-align: super'>24</hi></l> +</lg> + +<lg> +<l>Maid. <hi rend='italic'>See</hi> <ref target='index-slave'>Slave</ref>:</l> +<l rend='margin-left: 2'>given by votary to husband to have children, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>144</hi></l> +<l rend='margin-left: 2'>her children free, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi>;</l> +<l rend='margin-left: 2'>how made equal to wife's, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>170</hi></l> +<l rend='margin-left: 2'>may be sold if childless, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>146</hi></l> +<l rend='margin-left: 2'>not to be sold if a mother, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>146</hi></l> +<l rend='margin-left: 2'>not to rival her mistress, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>146</hi></l> +<l rend='margin-left: 4'>penalty, to receive the slave-mark, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>146</hi></l> +</lg> + +<lg> +<l>Maintenance:</l> +<l rend='margin-left: 2'>of concubine and divorced wife, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +<l rend='margin-left: 2'>of wife secured, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133-135</hi></l> +</lg> + +<lg> +<anchor id='index-mancipium'/> +<l>Mancipium, hostage to work off debt:</l> +<l rend='margin-left: 2'>difference in free born or slave, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +<l rend='margin-left: 2'>in natural death, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>115</hi></l> +<l rend='margin-left: 2'>in violent death, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +<l rend='margin-left: 2'>slave may be sold by creditor, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>118</hi></l> +<l rend='margin-left: 4'>redeemed by debtor, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>119</hi></l> +<l rend='margin-left: 4'>but not if mother of creditor's children, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>119</hi></l> +<l rend='margin-left: 2'>wife, son, or daughter free in fourth year, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>117</hi></l> +</lg> + +<lg> +<l>Manslaughter:</l> +<l rend='margin-left: 2'>by blow in quarrel, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>207</hi>, <hi rend='vertical-align: super'>208</hi></l> +<l rend='margin-left: 2'>of hostage, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +<l rend='margin-left: 4'>penalty, if a slave, one-third mina of silver, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +</lg> + +<lg> +<l>Manufacturing partnership, <ref target='Pg292'>292</ref></l> +</lg> + +<lg> +<l>Marduk:</l> +<l rend='margin-left: 2'>at Babylon, <ref target='Pg078'>78</ref></l> +<l rend='margin-left: 2'>had votaries at Babylon, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>182</hi></l> +<l rend='margin-left: 2'>oath by, <ref target='Pg092'>92</ref>, <ref target='Pg165'>165</ref></l> +<l rend='margin-left: 2'>of Eridu, <ref target='Pg133'>133</ref></l> +</lg> + +<lg> +<l>Marking. <hi rend='italic'>See</hi> <ref target='index-branding'>Branding</ref>:</l> +<l rend='margin-left: 2'>other than slaves, <ref target='Pg177'>177</ref></l> +<l rend='margin-left: 2'>slaves, <ref target='Pg176'>176</ref></l> +</lg> + +<lg> +<anchor id='index-marriage'/> +<l>Marriage:</l> +<l rend='margin-left: 2'>bride given away usually by the father, <ref target='Pg126'>126</ref>;</l> +<l rend='margin-left: 4'>sometimes by the mother or brother, <ref target='Pg126'>126</ref>, <ref target='Pg127'>127</ref>;</l> +<l rend='margin-left: 4'>or by agnates, <ref target='Pg127'>127</ref></l> +<l rend='margin-left: 2'>ceremony, <ref target='Pg132'>132</ref>, <ref target='Pg133'>133</ref></l> +<l rend='margin-left: 2'>fatherless girls in, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>home and home-going, <ref target='Pg133'>133</ref></l> +<l rend='margin-left: 2'>monogamy and polygamy, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>not quite free to man or woman, <ref target='Pg127'>127</ref></l> +<l rend='margin-left: 2'>of king's daughter, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>of second wife in the time of the first wife, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>148</hi></l> +<l rend='margin-left: 2'>of two sisters to one man, <ref target='Pg138'>138</ref>, <ref target='Pg139'>139</ref></l> +<l rend='margin-left: 2'>preliminaries, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>presents and payments, <ref target='Pg130'>130-132</ref></l> +<l rend='margin-left: 2'>registration, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>rôle of contracting parties, <ref target='Pg126'>126</ref></l> +<l rend='margin-left: 2'>the bond of the family organization, <ref target='Pg119'>119</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>unhappy, and its results, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>votaries, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>wife required father-in-law's consent, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>with attached conditions, <ref target='Pg140'>140</ref></l> +<l rend='margin-left: 4'>husband to maintain mother-in-law, <ref target='Pg140'>140</ref></l> +<l rend='margin-left: 4'>dower his wife if he sends her away, <ref target='Pg140'>140</ref></l> +<l rend='margin-left: 4'>wife to be thrown from a pillar if she leaves him, <ref target='Pg140'>140</ref></l> +</lg> + +<lg> +<l>Marriage conditions. <hi rend='italic'>See</hi> <ref target='index-children'>Children</ref>, <ref target='index-marriage'>Marriage</ref>, <ref target='index-share'>Share</ref>, <ref target='index-widow'>Widow</ref>, <ref target='index-wife'>Wife</ref>:</l> +<l rend='margin-left: 2'>at a definite place, <q>wedding-house,</q> <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>in ancient Babylonia, <ref target='Pg119'>119</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>presents to the parents of the bride, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>questions owing to unfaithfulness, <ref target='Pg054'>54-56</ref></l> +<l rend='margin-left: 4'>having concubines and maids, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi>, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>138 <hi rend='italic'>sq.</hi></hi></l> +<l rend='margin-left: 2'>registration, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>suitor rejected through slander, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>161</hi></l> +<l rend='margin-left: 2'>there must be marriage contract, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>128</hi>, <ref target='Pg119'>119</ref></l> +</lg> + +<lg> +<l>Marriage contract. <hi rend='italic'>See</hi> <ref target='index-bond'>Bond</ref>:</l> +<l rend='margin-left: 2'>ceremonies, <ref target='Pg132'>132</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>preliminaries, <ref target='Pg123'>123</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<anchor id='index-marriage-portion'/> +<l>Marriage-portion. <hi rend='italic'>See</hi> <ref target='index-bride-price'>Bride-price</ref>, <ref target='index-marriage'>Marriage</ref>:</l> +<l rend='margin-left: 2'>accompanies widow to a second husband, <ref target='Pg073'>73</ref>, <hi rend='vertical-align: super'>H</hi>, <ref target='Pg127'>127</ref></l> +<l rend='margin-left: 2'>belongs to her and all her children, <ref target='Pg073'>73</ref>, <hi rend='vertical-align: super'>H</hi>, <ref target='Pg130'>130</ref></l> +<l rend='margin-left: 2'>belongs to the children only, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>162</hi>, <ref target='Pg130'>130</ref>, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>by <q>deed of gift,</q> as pin-money, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 4'>good against husband's heirs, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 4'>but forfeited by second marriage, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>childless widow takes it from the estate, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>G</hi></l> +<l rend='margin-left: 2'>could not be reclaimed as against children, <ref target='Pg130'>130</ref></l> +<l rend='margin-left: 2'>doubt in case of free wife of slave, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>175</hi></l> +<l rend='margin-left: 2'>father cannot reclaim against children, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>162</hi>, <ref target='Pg130'>130</ref></l> +<l rend='margin-left: 2'>in lands, oxen, furniture, etc., <ref target='Pg131'>131</ref></l> +<l rend='margin-left: 2'>its nature, <ref target='Pg129'>129</ref>, <ref target='Pg130'>130</ref></l> +<l rend='margin-left: 2'>its relation to the bride-price, <ref target='Pg071'>71</ref>, <hi rend='vertical-align: super'>C</hi></l> +<l rend='margin-left: 2'>lawsuit about, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>less bride-price, if not repaid to husband, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>164</hi>, <ref target='Pg124'>124</ref></l> +<l rend='margin-left: 2'>nature of, <ref target='Pg130'>130</ref></l> +<l rend='margin-left: 2'>of concubine, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>presented to concubine's daughter, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>184</hi></l> +<l rend='margin-left: 2'>receipts for the payment of, <ref target='Pg131'>131</ref></l> +<pb n='416'/><anchor id='Pg416'/> +<l rend='margin-left: 2'>returned to injured wife, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>142</hi></l> +<l rend='margin-left: 4'>invalid wife, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>149</hi></l> +<l rend='margin-left: 2'>returned to the wife's father's house, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>F</hi>, <ref target='Pg122'>122</ref>, <ref target='Pg124'>124</ref></l> +<l rend='margin-left: 2'>returned to wife's father, if no children, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>163</hi>, <ref target='Pg124'>124</ref></l> +<l rend='margin-left: 2'>separate estate, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>138</hi>, <hi rend='vertical-align: super'>142</hi>, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>149</hi>, <hi rend='vertical-align: super'>156</hi>, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>162</hi>, <hi rend='vertical-align: super'>163</hi>, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>174-176</hi>, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>184</hi>, <ref target='Pg072'>72</ref>, <ref target='Pg073'>73</ref>, <ref target='Pg122'>122</ref>, <ref target='Pg127'>127</ref> <hi rend='italic'>sq.</hi>, 219</l> +<l rend='margin-left: 2'>settlement of, by bride's father, <ref target='Pg071'>71</ref>, <hi rend='vertical-align: super'>C</hi>, <ref target='Pg219'>219</ref></l> +<l rend='margin-left: 2'>shall be adjudged an equivalent, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>G</hi></l> +<l rend='margin-left: 2'>shared by children of both marriages, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>173</hi>, <ref target='Pg071'>71</ref>;</l> +<l rend='margin-left: 4'>or by children of first only, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>174</hi></l> +<l rend='margin-left: 2'>taken by widow to second husband, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>172</hi>, <ref target='Pg127'>127</ref></l> +<l rend='margin-left: 2'>trousseau, <ref target='Pg129'>129</ref></l> +<l rend='margin-left: 2'>when not paid through inability, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>E</hi>, <ref target='Pg131'>131</ref></l> +<l rend='margin-left: 4'>not to be cause of quarrel, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>E</hi>, <ref target='Pg131'>131</ref></l> +<l rend='margin-left: 2'>when paid in full, <ref target='Pg131'>131</ref></l> +</lg> + +<lg> +<l>Marriages in ancient Babylonia, <ref target='Pg114'>114</ref> <hi rend='italic'>sq.</hi>, <ref target='Pg123'>123</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Master, rights and duties, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>175</hi>, <hi rend='vertical-align: super'>176</hi>, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>217</hi>, <hi rend='vertical-align: super'>223</hi></l> +</lg> + +<lg> +<l>Measure:</l> +<l rend='margin-left: 2'>of land by area, <ref target='Pg189'>189</ref>, <ref target='Pg249'>249</ref></l> +<l rend='margin-left: 4'>by the average yield, <ref target='Pg190'>190</ref></l> +<l rend='margin-left: 2'>of timber or stone, <ref target='Pg380'>380</ref></l> +</lg> + +<lg> +<anchor id='index-merchant'/> +<l>Merchant, agent, money-lender, <ref target='Pg079'>79</ref></l> +<l rend='margin-left: 2'>acting by caravans, <ref target='Pg282'>282</ref></l> +<l rend='margin-left: 2'>bound to receive payment in kind, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>Z</hi></l> +<l rend='margin-left: 2'>business with agents, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100-107</hi></l> +<l rend='margin-left: 2'>capital out on speculation, <ref target='Pg281'>281</ref>, <ref target='Pg283'>283</ref></l> +<l rend='margin-left: 2'>has crop assigned for debt, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>X</hi></l> +<l rend='margin-left: 2'>has to be reimbursed for ransoming official, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>his position in ancient Babylonia, <ref target='Pg079'>79</ref></l> +<l rend='margin-left: 4'>trading, <ref target='Pg281'>281</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>his relation to business agent, <ref target='Pg281'>281</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>in a distant transaction, <ref target='Pg334'>334</ref>, <ref target='Pg335'>335</ref></l> +<l rend='margin-left: 2'>in different relations of business, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>50-52</hi>, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116-119</hi>, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>151</hi>, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>X</hi>, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>Z</hi></l> +<l rend='margin-left: 2'>in purchasing foreign slaves, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>281</hi></l> +<l rend='margin-left: 2'>legal memoranda for security, <ref target='Pg282'>282</ref></l> +<l rend='margin-left: 2'>must keep accurate accounts, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100</hi></l> +<l rend='margin-left: 2'>sharing in the farm with owner, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>50</hi>, <hi rend='vertical-align: super'>51</hi></l> +<l rend='margin-left: 2'>using canals, <ref target='Pg284'>284</ref></l> +</lg> + +<lg> +<anchor id='index-metayer'/> +<l>Metayer. <hi rend='italic'>See</hi> <ref target='index-land'>Land</ref>:</l> +<l rend='margin-left: 2'>employed by the temples, <ref target='Pg211'>211</ref></l> +<l rend='margin-left: 2'>form of tenancy, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>253-256</hi>, <ref target='Pg196'>196</ref>, <ref target='Pg197'>197</ref></l> +</lg> + +<lg> +<l>Metrology, contributions to, <ref target='Pg380'>380</ref></l> +</lg> + +<lg> +<l>Micheau stone, <ref target='Pg131'>131</ref></l> +</lg> + +<lg> +<anchor id='index-militia'/> +<l>Militia, statute-labor, corvée. <hi rend='italic'>See</hi> <ref target='index-slavery'>Slavery</ref>:</l> +<l rend='margin-left: 2'>classes subject to, <ref target='Pg202'>202</ref>, <ref target='Pg326'>326</ref></l> +<l rend='margin-left: 2'>considered as a system, <ref target='Pg201'>201</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>duty and privilege of its officers, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>26-29</hi>, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>30-39</hi>, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>40-41</hi>, <ref target='Pg205'>205</ref></l> +<l rend='margin-left: 2'>forced service, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi>, <ref target='Pg200'>200</ref>, <ref target='Pg201'>201</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>illegal impressment, <ref target='Pg325'>325</ref></l> +<l rend='margin-left: 2'>in the army, <ref target='Pg203'>203</ref>, <ref target='Pg204'>204</ref></l> +<l rend='margin-left: 2'>service in weaving establishments, <ref target='Pg203'>203</ref></l> +<l rend='margin-left: 2'>some cities were exempted, <ref target='Pg202'>202</ref></l> +<l rend='margin-left: 2'>supplied from slavery, <ref target='Pg173'>173</ref>, <ref target='Pg175'>175</ref>, <ref target='Pg203'>203</ref></l> +</lg> + +<lg> +<l>Minor:</l> +<l rend='margin-left: 2'>as incapable, with slave, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi></l> +<l rend='margin-left: 2'>rights reserved, <ref target='Pg161'>161</ref></l> +</lg> + +<lg> +<l>Miscarriage. <hi rend='italic'>See</hi> <ref target='index-assault'>Assault</ref>, <ref target='index-fines'>Fine</ref>:</l> +<l rend='margin-left: 2'>aggravation in assault, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>209</hi>, <hi rend='vertical-align: super'>211</hi>, <hi rend='vertical-align: super'>213</hi></l> +</lg> + +<lg> +<l>Money. <hi rend='italic'>See</hi> <ref target='index-hire'>Hire</ref>, <ref target='index-fines'>Fines</ref>:</l> +<l rend='margin-left: 2'>as earnest to close the bargain, <ref target='Pg230'>230</ref></l> +<l rend='margin-left: 2'>current coin, <ref target='Pg253'>253</ref></l> +<l rend='margin-left: 2'>deferred payments of, <ref target='Pg235'>235</ref></l> +<l rend='margin-left: 2'>letter requesting, <ref target='Pg383'>383</ref></l> +<l rend='margin-left: 2'>precautions in giving and receiving, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>105</hi></l> +<l rend='margin-left: 2'>said to belong to a god, <ref target='Pg256'>256</ref></l> +</lg> + +<lg> +<anchor id='index-monogamy'/> +<l>Monogamy. <hi rend='italic'>See</hi> <ref target='index-marriage'>Marriage</ref>:</l> +<l rend='margin-left: 2'>in early days, <ref target='Pg134'>134</ref></l> +</lg> + +<lg> +<anchor id='index-mortgages'/> +<l>Mortgages:</l> +<l rend='margin-left: 2'>entire pledging, <ref target='Pg266'>266</ref></l> +<l rend='margin-left: 2'>related to pledges, <ref target='Pg265'>265</ref>. <hi rend='italic'>See</hi> <ref target='index-pledges'>Pledges</ref></l> +<l rend='margin-left: 2'>second, debarred, <ref target='Pg265'>265</ref></l> +<l rend='margin-left: 2'>second mortgage secured, <ref target='Pg267'>267</ref></l> +</lg> + +<lg> +<l>Mother:</l> +<l rend='margin-left: 2'>in charge of son's education, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>29</hi></l> +<l rend='margin-left: 2'>incest with, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>157</hi></l> +<l rend='margin-left: 2'>power over children, <ref target='Pg148'>148-150</ref></l> +</lg> + +<lg> +<l>Mutilations, by order of judge, <ref target='Pg097'>97</ref></l> +</lg> + +<lg> +<l>Nabonidus, his place in chronology, <ref target='Pg181'>181</ref></l> +</lg> + +<lg> +<l>Nebuchadrezzar:</l> +<l rend='margin-left: 2'>his chronology, <ref target='Pg181'>181</ref>, <ref target='Pg230'>230</ref>, <ref target='Pg291'>291</ref></l> +<l rend='margin-left: 2'>his exploits, <ref target='Pg194'>194</ref></l> +</lg> + +<lg> +<l>Names:</l> +<l rend='margin-left: 2'>clan, from office in the temple, <ref target='Pg214'>214</ref></l> +<l rend='margin-left: 2'>Semitic, <ref target='Pg279'>279</ref></l> +<l rend='margin-left: 2'>show slave's origin or nationality, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>significant, <ref target='Pg176'>176</ref>, <ref target='Pg177'>177</ref>, <ref target='Pg178'>178</ref></l> +</lg> + +<lg> +<l>Notary, his fee for writing out a bond, <ref target='Pg231'>231</ref></l> +</lg> + +<lg> +<l>Nurse, her duties and responsibilities, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>194</hi>, <ref target='Pg153'>153</ref>, <ref target='Pg155'>155</ref></l> +</lg> + +<lg> +<anchor id='index-oath'/> +<l>Oath. <hi rend='italic'>See</hi> <ref target='index-affidavit'>Affidavit</ref>, <ref target='index-bond'>Bond</ref>:</l> +<l rend='margin-left: 2'>about foreign slave, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>281</hi></l> +<l rend='margin-left: 2'>as to death of ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>249</hi></l> +<l rend='margin-left: 2'>deposit, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi></l> +<l rend='margin-left: 2'>depreciation, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>126</hi></l> +<l rend='margin-left: 2'>estimate of goods on lost boat, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>240</hi></l> +<l rend='margin-left: 2'>as to loss, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi></l> +<l rend='margin-left: 2'>by brander, that he was misled, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>227</hi></l> +<l rend='margin-left: 2'>disclaiming evil intention, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>206</hi>, <hi rend='vertical-align: super'>207</hi></l> +<l rend='margin-left: 2'>for confirmation of sale, <ref target='Pg233'>233</ref></l> +<l rend='margin-left: 2'>for purgation, taken by agent, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>102</hi>, <hi rend='vertical-align: super'>103</hi>, <hi rend='vertical-align: super'>106</hi>;</l> +<l rend='margin-left: 4'>taken by principal, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>107</hi>;</l> +<l rend='margin-left: 4'>taken by owner of corn, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi></l> +<l rend='margin-left: 2'>how administered, <ref target='Pg092'>92</ref></l> +<l rend='margin-left: 2'>its purport and where taken, <ref target='Pg093'>93</ref>, <ref target='Pg094'>94</ref></l> +<l rend='margin-left: 2'>on loss by lightning or lion, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>266</hi></l> +<l rend='margin-left: 2'>to clear from charge of adultery, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>131</hi></l> +</lg> + +<lg> +<l>Octroi duties, <ref target='Pg206'>206</ref></l> +</lg> + +<lg> +<anchor id='index-official'/> +<l>Official. <hi rend='italic'>See</hi> <ref target='index-bailiff'>Bailiff</ref>:</l> +<l rend='margin-left: 2'>cannot give his benefice in exchange, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>40</hi>, <hi rend='vertical-align: super'>41</hi></l> +<l>compensation of official, <ref target='Pg076'>76</ref></l> +<pb n='417'/><anchor id='Pg417'/> +<l rend='margin-left: 2'>duties and responsibilities, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>26</hi>, <hi rend='vertical-align: super'>27</hi>, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>30-39</hi>, <ref target='Pg076'>76</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>duty and position considered, <ref target='Pg076'>76</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>has his own private rights, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>39</hi></l> +<l rend='margin-left: 2'>holds lands by royal charter, <ref target='Pg322'>322</ref></l> +<l rend='margin-left: 2'>if captured on the king's business, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 4'>to be ransomed, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 4'>how the ransom is to be paid, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>liable to death penalty, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>26</hi></l> +<l rend='margin-left: 2'>may resume use of the benefice, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>27</hi></l> +<l rend='margin-left: 2'>not to appropriate or alienate public property, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>33-38</hi></l> +<l rend='margin-left: 2'>not to be hired out, plundered, or oppressed, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>35</hi></l> +<l rend='margin-left: 2'>not to depute duty, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>26</hi></l> +<l rend='margin-left: 2'>on enforced absence, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>27</hi></l> +<l rend='margin-left: 2'>one year allowed, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>30</hi></l> +<l rend='margin-left: 2'>penalty for neglect, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>30</hi>, <hi rend='vertical-align: super'>31</hi></l> +<l rend='margin-left: 2'>provision for son in absence, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>29</hi></l> +<l rend='margin-left: 2'>rights as against substitutes, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>26-29</hi></l> +<l rend='margin-left: 2'>service of, <ref target='Pg077'>77</ref></l> +<l rend='margin-left: 2'>son may be deputy, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>28</hi></l> +<l rend='margin-left: 2'>the benefice or feoff, <ref target='Pg076'>76</ref></l> +<l rend='margin-left: 2'>three years' limit, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>30</hi></l> +</lg> + +<lg> +<l>Old age provision:</l> +<l rend='margin-left: 2'>by adoption, <ref target='Pg155'>155</ref>, <ref target='Pg158'>158</ref>, <ref target='Pg160'>160</ref></l> +<l rend='margin-left: 2'>by son, <ref target='Pg224'>224</ref></l> +</lg> + +<lg> +<l>Omens and predictions, letter illustrative of, <ref target='Pg365'>365</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Ordeal by water:</l> +<l rend='margin-left: 2'>considered as a legal custom, <ref target='Pg096'>96</ref>, <ref target='Pg097'>97</ref></l> +<l rend='margin-left: 2'>for witchcraft, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>2</hi></l> +<l rend='margin-left: 2'>nature of, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>2</hi>, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>132</hi>, <ref target='Pg097'>97</ref></l> +<l rend='margin-left: 2'>to purge from slander, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>132</hi></l> +</lg> + +<lg> +<anchor id='index-owners-risk'/> +<l>Owner's risk in hiring. <hi rend='italic'>See</hi> <ref target='index-hire'>Hire</ref>:</l> +<l rend='margin-left: 2'>horse killed, at God's hand, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>249</hi></l> +<l rend='margin-left: 2'>loss by lightning or lion, on herdsman's oath, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>266</hi></l> +<l rend='margin-left: 2'>ox or ass, killed in open field, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>244</hi></l> +</lg> + +<lg> +<l>Palace:</l> +<l rend='margin-left: 2'>its relation to the priesthood, <ref target='Pg211'>211</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>place for archives, <ref target='Pg322'>322</ref></l> +<l rend='margin-left: 2'>title for the royal state authority, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>187</hi>, <hi rend='vertical-align: super'>192</hi>, <hi rend='vertical-align: super'>193</hi></l> +</lg> + +<lg> +<l>Partnership:</l> +<l rend='margin-left: 2'>a manufacturing, <ref target='Pg292'>292</ref></l> +<l rend='margin-left: 2'>dissolution of, <ref target='Pg288'>288</ref>, <ref target='Pg291'>291</ref></l> +<l rend='margin-left: 2'>its earliest appearance, <ref target='Pg287'>287</ref></l> +<l rend='margin-left: 2'>its evidence in Assyrian literature, <ref target='Pg290'>290</ref></l> +<l rend='margin-left: 4'>later Babylonian, <ref target='Pg290'>290</ref>, <ref target='Pg291'>291</ref></l> +<l rend='margin-left: 2'>its ideogram, <ref target='Pg287'>287-289</ref></l> +<l rend='margin-left: 2'>its relation to capital, <ref target='Pg288'>288</ref></l> +<l rend='margin-left: 2'>old commercial custom, <ref target='Pg290'>290</ref></l> +<l rend='margin-left: 2'>partnership documents, <ref target='Pg288'>288</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>powers of attorney, for protection, <ref target='Pg292'>292</ref></l> +<l rend='margin-left: 2'>reckonings, <ref target='Pg291'>291</ref></l> +</lg> + +<lg> +<l>Patrician, highest class in the state, <ref target='Pg074'>74</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<anchor id='index-penalties'/> +<l>Penalties:</l> +<l rend='margin-left: 2'>as demanded for wrong-doing, <ref target='Pg096'>96</ref></l> +<l rend='margin-left: 2'>blood vengeance commuted, <ref target='Pg116'>116</ref></l> +<l rend='margin-left: 2'>for adultery, <ref target='Pg117'>117</ref>, <ref target='Pg118'>118</ref></l> +<l rend='margin-left: 2'>for perjury in courts of law, <ref target='Pg094'>94</ref>, <ref target='Pg095'>95</ref></l> +<l rend='margin-left: 2'>imprisoned and bailed out, <ref target='Pg117'>117</ref></l> +<l rend='margin-left: 2'>in courts of law, <ref target='Pg094'>94</ref></l> +<l rend='margin-left: 2'>to prevent failure in contract, <ref target='Pg233'>233</ref></l> +<l rend='margin-left: 2'>woman thrown from a pillar, <ref target='Pg140'>140</ref></l> +</lg> + +<lg> +<l>Penalty due for. <hi rend='italic'>See</hi> <ref target='index-retaliation'>Retaliation</ref>, <ref target='index-fines'>Fines</ref>:</l> +<l rend='margin-left: 2'>adultery by a wife, strangling, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>129</hi></l> +<l rend='margin-left: 2'>adultery, drowning, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>133</hi></l> +<l rend='margin-left: 2'>death of hostage slave, one-third of a mina of silver, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +<l rend='margin-left: 2'>fatal assault on pregnant woman, death of his daughter, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>209</hi></l> +<l rend='margin-left: 2'>imprudent speech, tongue cut out, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>192</hi>, <ref target='Pg150'>150</ref></l> +<l rend='margin-left: 2'>incest, mother and son burnt, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>157</hi></l> +<l rend='margin-left: 2'>incest, banished the city, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 2'>incest, half mina of silver and the marriage-portion, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 2'>incest, strangling, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi></l> +<l rend='margin-left: 2'>incest, the man cut off from his father's house, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>158</hi></l> +<l rend='margin-left: 2'>incest, woman drowned, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi></l> +<l rend='margin-left: 2'>on brander for branding without leave, hands cut off, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>226</hi>;</l> +<l rend='margin-left: 4'>if deceived, accused is free, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>227</hi></l> +<l rend='margin-left: 2'>son for striking father, hands cut off, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>194</hi></l> +<l rend='margin-left: 2'>slave for striking freeman's privates, ear cut off, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>205</hi></l> +<l rend='margin-left: 2'>veterinary, for loss of ox or ass, one-fourth of its value, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>225</hi></l> +<l rend='margin-left: 2'>wet-nurse for neglect, breasts cut off, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>194</hi></l> +<l rend='margin-left: 2'>permanent injury in a quarrel, pay the doctor, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>206</hi></l> +<l rend='margin-left: 2'>rape of betrothed, death, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>130</hi></l> +<l rend='margin-left: 2'>slander, forehead branded, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>127</hi></l> +<l rend='margin-left: 2'>striking a superior's privates, <ref target='Pg060'>60</ref> blows of ox-hide scourge, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>202</hi></l> +<l rend='margin-left: 2'>undutifulness and slander, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>143</hi></l> +<l rend='margin-left: 2'>unnatural conduct, eyes torn out, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>193</hi>, <ref target='Pg150'>150</ref></l> +<l rend='margin-left: 2'>unsuccessful operation by surgeon, hands cut off, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>218</hi>;</l> +<l rend='margin-left: 4'>same on slave, slave for slave, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>219</hi>;</l> +<l rend='margin-left: 4'>loss of slave's eye, half his value, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>220</hi></l> +</lg> + +<lg> +<l>Perjury:</l> +<l rend='margin-left: 2'>in capital trial, has death penalty, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>3</hi></l> +<l rend='margin-left: 2'>in civil case, gives damages, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>4</hi>, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>13</hi>, <ref target='Pg094'>94</ref></l> +</lg> + +<lg> +<l>Phrase-books:</l> +<l rend='margin-left: 2'>Babylonian, <ref target='Pg008'>8</ref></l> +<l rend='margin-left: 2'>their plan, <ref target='Pg008'>8</ref>, <ref target='Pg009'>9</ref></l> +</lg> + +<lg> +<l>Pillar, thrown from, a penalty, <ref target='Pg140'>140</ref></l> +</lg> + +<lg> +<l>Pin-money, gift to a wife, <ref target='Pg132'>132</ref>, <ref target='Pg221'>221</ref></l> +</lg> + +<lg> +<l>Plaintiff, his position in a case, <ref target='Pg088'>88</ref>, <ref target='Pg089'>89</ref></l> +</lg> + +<lg> +<l>Plebeian, poor man, between patrician and slave:</l> +<l rend='margin-left: 2'>abduction of slave from, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>15</hi></l> +<l rend='margin-left: 2'>assault by, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>204</hi>, <hi rend='vertical-align: super'>208</hi></l> +<l rend='margin-left: 2'>cheaper divorce, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>140</hi></l> +<l rend='margin-left: 2'>fees paid by, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>208</hi>, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>222</hi></l> +<l rend='margin-left: 2'>harboring fugitive slave, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi></l> +<pb n='418'/><anchor id='Pg418'/> +<l rend='margin-left: 2'>slave-owner, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>15</hi>, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>175</hi>, <hi rend='vertical-align: super'>176</hi></l> +<l rend='margin-left: 2'>theft from, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>8</hi></l> +<l rend='margin-left: 2'>value of eye or limb, one mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>198</hi></l> +<l rend='margin-left: 2'>value of tooth, one-third mina of silver, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>201</hi></l> +</lg> + +<lg> +<anchor id='index-pledges'/> +<l>Pledges and guarantees. <hi rend='italic'>See</hi> <ref target='index-loans'>Loans</ref>, <ref target='index-mortgages'>Mortgages</ref>:</l> +<l rend='margin-left: 2'>an after-pledge, <ref target='Pg266'>266</ref>, <ref target='Pg267'>267</ref></l> +<l rend='margin-left: 2'>antichretic pledges, <ref target='Pg262'>262</ref>, <ref target='Pg263'>263</ref>, <ref target='Pg264'>264</ref>, <ref target='Pg265'>265</ref></l> +<l rend='margin-left: 2'>complications, <ref target='Pg265'>265-268</ref></l> +<l rend='margin-left: 2'>information meagre, <ref target='Pg262'>262</ref></l> +<l rend='margin-left: 2'>loan on vineyard and of slaves, <ref target='Pg264'>264</ref></l> +<l rend='margin-left: 4'>on service of a maid, <ref target='Pg264'>264</ref></l> +<l rend='margin-left: 4'>on the borrower's service, <ref target='Pg264'>264</ref></l> +<l rend='margin-left: 2'>mortgages, <ref target='Pg265'>265</ref></l> +<l rend='margin-left: 2'>on land to secure a loan, <ref target='Pg263'>263</ref></l> +<l rend='margin-left: 2'>property in satisfaction of debt, <ref target='Pg262'>262</ref>, <ref target='Pg263'>263</ref></l> +<l rend='margin-left: 2'>the subject held as security, <ref target='Pg262'>262</ref>, x, xi</l> +<l rend='margin-left: 2'>their relation to the interest, <ref target='Pg263'>263</ref></l> +<l rend='margin-left: 2'>value of the pledge, <ref target='Pg265'>265</ref></l> +<l rend='margin-left: 4'>creditor's responsibility toward it, <ref target='Pg265'>265</ref></l> +</lg> + +<lg> +<l>Polygamy. <hi rend='italic'>See</hi> <ref target='index-concubine'>Concubinage</ref>, <ref target='index-marriage'>Marriage</ref>, <ref target='index-monogamy'>Monogamy</ref>:</l> +<l rend='margin-left: 2'>in Assyrian times, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>clear evidence of, among serfs and slaves, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>distinguished from bigamy, <ref target='Pg134'>134</ref></l> +</lg> + +<lg> +<l>Pregnant woman. <hi rend='italic'>See</hi> <ref target='index-assault'>Assault</ref>, <ref target='index-fines'>Fine</ref></l> +</lg> + +<lg> +<l>Price of drink, how regulated, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>108</hi>, <hi rend='vertical-align: super'>111</hi></l> +</lg> + +<lg> +<l>Priest:</l> +<l rend='margin-left: 2'>artificer, <ref target='Pg213'>213</ref></l> +<l rend='margin-left: 2'>his relation to the king, <ref target='Pg211'>211</ref>, <ref target='Pg212'>212</ref></l> +<l rend='margin-left: 2'>honors paid to the priesthood, <ref target='Pg211'>211</ref>, <ref target='Pg212'>212</ref></l> +<l rend='margin-left: 2'>public position and duties, <ref target='Pg212'>212</ref>, <ref target='Pg213'>213</ref></l> +<l rend='margin-left: 2'>slave, <ref target='Pg214'>214</ref></l> +<l rend='margin-left: 2'>steward, <ref target='Pg213'>213</ref></l> +<l rend='margin-left: 2'>warden, <ref target='Pg213'>213</ref></l> +</lg> + +<lg> +<l>Prisoner:</l> +<l rend='margin-left: 2'>pleads for liberty, <ref target='Pg331'>331</ref></l> +<l rend='margin-left: 2'>recaptured slave pleads, <ref target='Pg330'>330</ref></l> +</lg> + +<lg> +<l>Private property, its rights, <ref target='Pg192'>192</ref>, <ref target='Pg193'>193</ref></l> +</lg> + +<lg> +<l>Produce rent:</l> +<l rend='margin-left: 2'>as agreed upon, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>46</hi></l> +<l rend='margin-left: 2'>of field, on shares, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>41-46</hi></l> +<l rend='margin-left: 2'>of garden, on shares, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>64</hi></l> +</lg> + +<lg> +<l>Promissory notes on loans, <ref target='Pg251'>251</ref></l> +</lg> + +<lg> +<l>Property:</l> +<l rend='margin-left: 2'>alienation of its rights, <ref target='Pg218'>218</ref> <hi rend='italic'>sq.</hi>, <ref target='Pg227'>227</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>alienation by sales. <hi rend='italic'>See</hi> <ref target='index-sales'>Sales</ref></l> +<l rend='margin-left: 2'>consent of heirs to its disposal, <ref target='Pg221'>221</ref></l> +<l rend='margin-left: 2'>devolution of, by gifts, bequests, <ref target='Pg222'>222</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>importance of studying its alienation, <ref target='Pg218'>218</ref>, <ref target='Pg227'>227</ref></l> +<l rend='margin-left: 2'>method of describing, for identification, <ref target='Pg237'>237</ref></l> +<l rend='margin-left: 2'>methods of identifying on sale, <ref target='Pg228'>228</ref></l> +<l rend='margin-left: 2'>protection of purchaser from fraud, <ref target='Pg228'>228</ref>, <ref target='Pg235'>235</ref></l> +<l rend='margin-left: 2'>sales, conditions, payments, <ref target='Pg235'>235</ref></l> +</lg> + +<lg> +<l>Proprietary rights in temple income, <ref target='Pg215'>215</ref></l> +</lg> + +<lg> +<l>Public:</l> +<l rend='margin-left: 2'>forced labor, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi>. <hi rend='italic'>See</hi> <ref target='index-militia'>Militia</ref></l> +<l rend='margin-left: 2'>obligations, <ref target='Pg204'>204</ref></l> +</lg> + +<lg> +<l>Ransom, of captive official, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>by himself, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>by the State, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>from temple treasury, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>not from his benefice, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +</lg> + +<lg> +<l>Rape of betrothed maiden, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>130</hi></l> +</lg> + +<lg> +<l>Rebellion, loss by, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>125</hi></l> +</lg> + +<lg> +<l>Receipt, sealed document:</l> +<l rend='margin-left: 2'>as taken by agent and depositor, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>124</hi>, <hi rend='vertical-align: super'>125</hi>, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>204</hi>, <ref target='Pg260'>260</ref>, <ref target='Pg261'>261</ref></l> +<l rend='margin-left: 2'>for a fine, <ref target='Pg259'>259</ref></l> +<l rend='margin-left: 2'>for deposits rare, <ref target='Pg260'>260</ref>, <ref target='Pg261'>261</ref></l> +<l rend='margin-left: 2'>for loan, <ref target='Pg295'>295</ref></l> +<l rend='margin-left: 2'>for repayment of loan, <ref target='Pg259'>259</ref></l> +</lg> + +<lg> +<l>Receiving of stolen goods, death penalty, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>6</hi></l> +</lg> + +<lg> +<l>Records of business transactions, <ref target='Pg253'>253</ref>. <hi rend='italic'>See</hi> <ref target='index-bond'>Bond</ref></l> +</lg> + +<lg> +<l>Recovery:</l> +<l rend='margin-left: 2'>by power of attorney, <ref target='Pg079'>79</ref></l> +<l rend='margin-left: 2'>of lost property, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi>, <hi rend='vertical-align: super'>10</hi>, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>124</hi>, <hi rend='vertical-align: super'>125</hi></l> +</lg> + +<lg> +<l>Redemption. <hi rend='italic'>See</hi> <ref target='index-mancipium'>Mancipium</ref>:</l> +<l rend='margin-left: 2'>of maid, held for debt, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>119</hi></l> +</lg> + +<lg> +<l>Refusal:</l> +<l rend='margin-left: 2'>by slave to name his owner, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>18</hi></l> +<l rend='margin-left: 2'>of conjugal rights, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>142</hi></l> +</lg> + +<lg> +<l>Registration:</l> +<l rend='margin-left: 2'>by the master of the house, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>guarantee of ancestry, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>of birth, marriage, and death, <ref target='Pg128'>128</ref></l> +</lg> + +<lg> +<l>Remarriage:</l> +<l rend='margin-left: 2'>marriage-portion goes to the children, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>173</hi>, <hi rend='vertical-align: super'>174</hi></l> +<l rend='margin-left: 2'>of divorced woman, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>141</hi></l> +<l rend='margin-left: 2'>of widow, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>173</hi></l> +</lg> + +<lg> +<l>Remission of penalty, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>129</hi></l> +</lg> + +<lg> +<l>Rent:</l> +<l rend='margin-left: 2'>average, made payable, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>42</hi>, <hi rend='vertical-align: super'>43</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>55</hi>, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>62</hi>, <hi rend='vertical-align: super'>65</hi></l> +<l rend='margin-left: 2'>five ḲA of corn on each GUR of corn, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>121</hi></l> +<l rend='margin-left: 2'>for storage of corn, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>121</hi></l> +<l rend='margin-left: 2'>of garden plot, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>60</hi>, <hi rend='vertical-align: super'>61</hi>, <hi rend='vertical-align: super'>62</hi></l> +<l rend='margin-left: 2'>of unbroken land, on three-year lease, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>44</hi></l> +<l rend='margin-left: 2'>on garden plot, ten GUR of corn for each GAN of land, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>63</hi></l> +<l rend='margin-left: 2'>paid at harvest-time, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>47</hi></l> +<l rend='margin-left: 2'>payments in kind, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>47</hi>, <hi rend='vertical-align: super'>49</hi></l> +<l rend='margin-left: 2'>ten GUR of corn for each GAN of land, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>44</hi></l> +<l rend='margin-left: 2'>wrought on shares, <ref target='Pg050'>50</ref>, <hi rend='vertical-align: super'>64</hi>, <hi rend='vertical-align: super'>65</hi></l> +</lg> + +<lg> +<l>Repatriation of slave, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>280</hi>, <hi rend='vertical-align: super'>281</hi></l> +</lg> + +<lg> +<l>Repudiation:</l> +<l rend='margin-left: 2'>of adoptive parents, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>192</hi></l> +<l rend='margin-left: 2'>of father by son, <ref target='Pg041'>41</ref>, <hi rend='vertical-align: super'>I</hi></l> +<l rend='margin-left: 2'>of husband by wife, <ref target='Pg042'>42</ref>, <hi rend='vertical-align: super'>V</hi>, <ref target='Pg138'>138</ref>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>of mother by son, <ref target='Pg041'>41</ref>, <hi rend='vertical-align: super'>II</hi></l> +<l rend='margin-left: 2'>of wife by husband, <ref target='Pg042'>42</ref>, <hi rend='vertical-align: super'>VI</hi>, <ref target='Pg138'>138</ref>, <ref target='Pg142'>142</ref></l> +</lg> + +<pb n='419'/><anchor id='Pg419'/> + +<lg> +<l>Responsibility in service:</l> +<l rend='margin-left: 2'>of employer, <ref target='Pg042'>42</ref>, <hi rend='vertical-align: super'>VII</hi></l> +<l rend='margin-left: 2'>of tenant farmer, and neglect punished, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>253-256</hi></l> +</lg> + +<lg> +<l>Restitution, compensation, damages, reimbursement:</l> +<l rend='margin-left: 2'>accident, builder gives slave for slave, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>231</hi></l> +<l rend='margin-left: 2'>boatman must restore the weak boat, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>235</hi>;</l> +<l rend='margin-left: 4'>must restore the lost boat, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>236</hi>;</l> +<l rend='margin-left: 4'>must restore boat and cargo, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>237</hi></l> +<l rend='margin-left: 2'>builder must rebuild, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>232</hi></l> +<l rend='margin-left: 2'>builder of unkeyed wall must rebuild, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>233</hi></l> +<l rend='margin-left: 2'>considered as an ancient custom, <ref target='Pg098'>98</ref></l> +<l rend='margin-left: 2'>death in highway robbery, one mina of silver to relatives, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>24</hi></l> +<l rend='margin-left: 2'>depreciation of property, make it good from the corn hoed, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>254</hi></l> +<l rend='margin-left: 2'>diminishing ox or sheep, give up to the agreements, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>264</hi></l> +<l rend='margin-left: 2'>embezzlement of goods, sheep or ox, tenfold return, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>265</hi></l> +<l rend='margin-left: 2'>fatal operation on slave, slave for slave, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>219</hi></l> +<l rend='margin-left: 2'>fivefold by carrier for goods lost, stolen, or appropriated, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>12</hi>, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>112</hi></l> +<l rend='margin-left: 2'>loss made good, if herdsman at fault, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>267</hi></l> +<l rend='margin-left: 2'>loss of goods, goods for goods, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>231</hi></l> +<l rend='margin-left: 2'>owner of boat in collision responsible for boat and cargo, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>240</hi></l> +<l rend='margin-left: 2'>ox gored, ox for ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>246</hi></l> +<l rend='margin-left: 2'>ox injured seriously, ox for ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>246</hi></l> +<l rend='margin-left: 2'>ox or ass lost, restore ox or ass, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>263</hi></l> +<l rend='margin-left: 2'><hi rend='italic'>shadduf</hi>, or plough, three shekels of silver, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>260</hi></l> +<l rend='margin-left: 2'>simple, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>4</hi>, <hi rend='vertical-align: super'>5</hi>, <hi rend='vertical-align: super'>8</hi>, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi>, <hi rend='vertical-align: super'>10</hi>, <hi rend='vertical-align: super'>12</hi></l> +<l rend='margin-left: 2'>sixfold for overcharging agent, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>107</hi></l> +<l rend='margin-left: 2'>tenfold for theft by poor man, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>8</hi></l> +<l rend='margin-left: 2'>thirtyfold for theft by patrician, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>8</hi></l> +<l rend='margin-left: 2'>threefold for cheating principal, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>106</hi></l> +<l rend='margin-left: 2'>twelvefold for false sentence by judge, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>5</hi></l> +<l rend='margin-left: 2'>twofold for goods in store, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi>, <hi rend='vertical-align: super'>124</hi>, <hi rend='vertical-align: super'>126</hi></l> +<l rend='margin-left: 2'>twofold for pretence of losing goods, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>126</hi></l> +<l rend='margin-left: 2'>watering machine stolen, five shekels of silver to owner, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>259</hi></l> +</lg> + +<lg> +<anchor id='index-retaliation'/> +<l>Retaliation. <hi rend='italic'>See</hi> <ref target='index-penalties'>Penalties</ref>:</l> +<l rend='margin-left: 2'>dishonesty in stewardship, hands cut off, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>253</hi></l> +<l rend='margin-left: 2'>eye for eye, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>196</hi></l> +<l rend='margin-left: 2'>for defrauding, torn to pieces on that field by the oxen, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>256</hi></l> +<l rend='margin-left: 2'>if builder's son dies, builder's son is put to death, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>230</hi></l> +<l rend='margin-left: 2'>if slave is killed, builder gives slave for slave, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>231</hi></l> +<l rend='margin-left: 2'>its principles in Babylonia, <ref target='Pg074'>74</ref>, <ref target='Pg098'>98</ref></l> +<l rend='margin-left: 2'>limb for limb, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>197</hi></l> +<l rend='margin-left: 2'>slave for repudiating master, ear cut off, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>282</hi></l> +<l rend='margin-left: 2'>tooth for tooth, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>200</hi></l> +</lg> + +<lg> +<l>Return of slave purchased:</l> +<l rend='margin-left: 2'>for defect, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>279</hi></l> +<l rend='margin-left: 2'>within one month for <hi rend='italic'>bennu</hi> disease, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>278</hi></l> +</lg> + +<lg> +<l>Reward for slave capture, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>17</hi></l> +</lg> + +<lg> +<l>Riparian responsibilities, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>53-56</hi>, <ref target='Pg114'>114</ref>, <ref target='Pg199'>199</ref>, <ref target='Pg321'>321</ref></l> +</lg> + +<lg> +<l>Risks:</l> +<l rend='margin-left: 2'>farmer's, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45</hi>, <hi rend='vertical-align: super'>46</hi></l> +<l rend='margin-left: 2'>owner's. <hi rend='italic'>See</hi> <ref target='index-owners-risk'>Owner</ref></l> +<l rend='margin-left: 2'>tenant's, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45</hi></l> +<l rend='margin-left: 2'>warehouseman's, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>125</hi></l> +</lg> + +<lg> +<l>Roads, their maintenance, <ref target='Pg286'>286</ref></l> +</lg> + +<lg> +<l>Robbery, highway, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>22</hi>, <hi rend='vertical-align: super'>23</hi></l> +</lg> + +<lg> +<l>Runnel for watering, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>55</hi></l> +</lg> + +<lg> +<l>Sacred river, for ordeal, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>2</hi>, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>132</hi></l> +</lg> + +<lg> +<l>Sacrifices:</l> +<l rend='margin-left: 2'>shared in by the temple, <ref target='Pg210'>210</ref></l> +<l rend='margin-left: 2'>sometimes sold for cash, <ref target='Pg210'>210</ref></l> +</lg> + +<lg> +<l>Sacrilegious theft from temple, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>6</hi>, <hi rend='vertical-align: super'>8</hi></l> +</lg> + +<lg> +<l>Sale:</l> +<l rend='margin-left: 2'>of crop for debt, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>51</hi></l> +<l rend='margin-left: 2'>of man and goods to pay debt, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>53</hi>, <hi rend='vertical-align: super'>54</hi></l> +</lg> + +<lg> +<anchor id='index-sales'/> +<l>Sales:</l> +<l rend='margin-left: 2'>agent in, <ref target='Pg243'>243</ref></l> +<l rend='margin-left: 2'>alienation of property, <ref target='Pg227'>227</ref></l> +<l rend='margin-left: 2'>all interests safeguarded in the deed, <ref target='Pg232'>232</ref></l> +<l rend='margin-left: 2'>deferred payments, <ref target='Pg235'>235</ref></l> +<l rend='margin-left: 2'>formal preliminaries, <ref target='Pg227'>227</ref></l> +<l rend='margin-left: 2'>fraud in, <ref target='Pg235'>235</ref></l> +<l rend='margin-left: 2'>gardens, <ref target='Pg246'>246</ref>, <ref target='Pg247'>247</ref>, <ref target='Pg248'>248</ref></l> +<l rend='margin-left: 4'>stocked, <ref target='Pg247'>247</ref>, <ref target='Pg248'>248</ref></l> +<l rend='margin-left: 2'>granaries, <ref target='Pg246'>246</ref></l> +<l rend='margin-left: 2'>occasional use of oath in, <ref target='Pg233'>233</ref></l> +<l rend='margin-left: 2'>of fields in first Babylonian dynasty, <ref target='Pg248'>248</ref></l> +<l rend='margin-left: 4'>in Assyrian times, <ref target='Pg248'>248</ref></l> +<l rend='margin-left: 2'>of houses, <ref target='Pg240'>240</ref> <hi rend='italic'>sq.</hi> <hi rend='italic'>See</hi> <ref target='index-houses'>Houses</ref></l> +<l rend='margin-left: 2'>penalties for failure, <ref target='Pg233'>233</ref></l> +<l rend='margin-left: 2'>records at early date, <ref target='Pg236'>236</ref></l> +<l rend='margin-left: 2'>registration of, in temple archives, <ref target='Pg227'>227</ref></l> +<l rend='margin-left: 2'>retention till payment, <ref target='Pg225'>225</ref></l> +<l rend='margin-left: 2'>returned on failure to pay, <ref target='Pg235'>235</ref></l> +<l rend='margin-left: 2'>rights of purchaser, <ref target='Pg234'>234</ref></l> +<l rend='margin-left: 2'>transaction of the business, <ref target='Pg227'>227</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>unimproved land, <ref target='Pg246'>246</ref></l> +</lg> + +<lg> +<l>Samsu-iluna:</l> +<l rend='margin-left: 2'>care for deity, <ref target='Pg327'>327</ref></l> +<l rend='margin-left: 4'>temple dues, <ref target='Pg327'>327</ref></l> +<l rend='margin-left: 2'>his canal dug, <ref target='Pg024'>24</ref></l> +<l rend='margin-left: 2'>letters of, summarized, <ref target='Pg327'>327</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>few in number, <ref target='Pg327'>327</ref></l> +<l rend='margin-left: 2'>their subject, <ref target='Pg327'>327</ref></l> +<l rend='margin-left: 2'>regulates fishing rights, <ref target='Pg328'>328</ref></l> +<l rend='margin-left: 2'>writes on business, <ref target='Pg328'>328</ref></l> +</lg> + +<lg> +<l>Sargon, King of Babylon:</l> +<l rend='margin-left: 2'>his date fixed, <ref target='Pg202'>202</ref>, <ref target='Pg396'>396</ref></l> +<l rend='margin-left: 2'>letters to, from Sennacherib, his son, <ref target='Pg338'>338</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Scandal, met by ordeal, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>132</hi></l> +</lg> + +<lg> +<l>Scourge of ox-hide, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>202</hi></l> +</lg> + +<lg> +<l>Scourging:</l> +<l rend='margin-left: 2'>as a penalty, sixty blows, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>202</hi></l> +<l rend='margin-left: 2'>considered as an ancient custom, <ref target='Pg097'>97</ref></l> +</lg> + +<pb n='420'/><anchor id='Pg420'/> + +<lg> +<l>Scribe:</l> +<l rend='margin-left: 2'>male and female, <ref target='Pg084'>84</ref></l> +<l rend='margin-left: 2'>not a priest or judge, <ref target='Pg084'>84</ref>, <ref target='Pg085'>85</ref></l> +<l rend='margin-left: 2'>often a woman, <ref target='Pg151'>151</ref></l> +<l rend='margin-left: 2'>the profession, <ref target='Pg083'>83</ref>, <ref target='Pg151'>151</ref></l> +</lg> + +<lg> +<l>Seal. <hi rend='italic'>See</hi> <ref target='index-bond'>Bond</ref></l> +</lg> + +<lg> +<l>Seditious meetings not allowed in beer-shops, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>109</hi></l> +</lg> + +<lg> +<l>Seduction:</l> +<l rend='margin-left: 2'>of betrothed daughter-in-law, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>130</hi>, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi>, <ref target='Pg132'>132</ref>, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>of slave from service, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>15</hi></l> +</lg> + +<lg> +<l>Sennacherib:</l> +<l rend='margin-left: 2'>father of Esarhaddon, <ref target='Pg108'>108</ref>, <ref target='Pg369'>369</ref></l> +<l rend='margin-left: 2'>letters to his father, Sargon, <ref target='Pg338'>338</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 4'>argument for identification of writer, <ref target='Pg338'>338</ref>, <ref target='Pg339'>339</ref></l> +<l rend='margin-left: 2'>relating to Armenia, <ref target='Pg338'>338</ref></l> +<l rend='margin-left: 2'>their value for reconstructing history, <ref target='Pg339'>339</ref></l> +</lg> + +<lg> +<l>Separation:</l> +<l rend='margin-left: 2'>husband deserted home and wife, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>142</hi></l> +<l rend='margin-left: 2'>wife deserted home, belittled husband, etc., <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>141</hi></l> +</lg> + +<lg> +<l>Serfs, <hi rend='italic'>glebae adscripti</hi>, <ref target='Pg172'>172</ref>, <ref target='Pg202'>202</ref></l> +<l rend='margin-left: 2'>different from slaves, <ref target='Pg172'>172</ref>, <ref target='Pg203'>203</ref></l> +<l rend='margin-left: 2'>disappearance, <ref target='Pg173'>173</ref></l> +<l rend='margin-left: 2'>hereditary condition, <ref target='Pg173'>173</ref>, <ref target='Pg202'>202</ref></l> +</lg> + +<lg> +<l>Sesame:</l> +<l rend='margin-left: 2'>crop with corn, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>49</hi>, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>50-52</hi>, <ref target='Pg208'>208</ref></l> +<l rend='margin-left: 2'>receipts for, <ref target='Pg208'>208</ref></l> +</lg> + +<lg> +<l>Settlement:</l> +<l rend='margin-left: 2'>for children of second wife, <ref target='Pg071'>71</ref>, <hi rend='vertical-align: super'>D</hi></l> +<l rend='margin-left: 2'>mutual deeds in, <ref target='Pg071'>71</ref>, <hi rend='vertical-align: super'>C</hi></l> +<l rend='margin-left: 4'>given by fathers of bride and bride-groom, <ref target='Pg071'>71</ref>, <hi rend='vertical-align: super'>C</hi></l> +<l rend='margin-left: 2'>of pin-money, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>on wife by <q>deed of gift,</q> <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>on wife by husband, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>150</hi>, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>on widow, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi>, <hi rend='vertical-align: super'>172</hi></l> +<l rend='margin-left: 4'>by widow on children, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi></l> +<l rend='margin-left: 2'>out of court, <ref target='Pg087'>87</ref></l> +</lg> + +<lg> +<l><hi rend='italic'>Shadduf</hi> stolen, fine three shekels of silver, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>260</hi></l> +</lg> + +<lg> +<l>Shalmaneser IV., <ref target='Pg202'>202</ref></l> +</lg> + +<lg> +<l>Shamash-shum-ukîn:</l> +<l rend='margin-left: 2'>contemporary events, <ref target='Pg360'>360</ref> <hi rend='italic'>sq.</hi>, <ref target='Pg368'>368</ref></l> +<l rend='margin-left: 2'>letters illustrating his reign, <ref target='Pg347'>347</ref> <hi rend='italic'>sq.</hi> , <ref target='Pg353'>353</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>son of Esarhaddon, <ref target='Pg366'>366</ref></l> +</lg> + +<lg> +<anchor id='index-share'/> +<l>Share. <hi rend='italic'>See</hi> <ref target='index-bond'>Bond</ref>, <ref target='index-inheritance'>Inheritance</ref>:</l> +<l rend='margin-left: 2'>belonging to votary or vowed woman, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>179-182</hi></l> +<l rend='margin-left: 2'>between brothers, cases of, <ref target='Pg161'>161-165</ref></l> +<l rend='margin-left: 2'>children of first and second husband share equally in marriage-portion, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>173</hi></l> +<l rend='margin-left: 4'>of first share it all, if no second family, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>174</hi></l> +<l rend='margin-left: 2'>children of maid, if acknowledged by father, share with children of wife, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>170</hi>;</l> +<l rend='margin-left: 4'>but children of wife take precedence, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>170</hi></l> +<l rend='margin-left: 2'>children of two marriages, <ref target='Pg073'>73</ref>, <hi rend='vertical-align: super'>K</hi></l> +<l rend='margin-left: 2'>dividing of father's estate, <ref target='Pg161'>161</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>division at father's death, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>167</hi>;</l> +<l rend='margin-left: 4'>mother's death, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>167</hi></l> +<l rend='margin-left: 2'>divorced wife has a child's part, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +<l rend='margin-left: 2'>farmed, leased on shares, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>41-46</hi>, <ref target='Pg270'>270</ref></l> +<l rend='margin-left: 2'>form of land tenancy, <ref target='Pg197'>197</ref></l> +<l rend='margin-left: 2'>of deceased father's estate to eldest son, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>165</hi></l> +<l rend='margin-left: 2'>of sacrifices by temple, <ref target='Pg210'>210</ref></l> +<l rend='margin-left: 2'>sometimes sold for cash, <ref target='Pg210'>210</ref></l> +<l rend='margin-left: 2'>reversionary interest to brothers, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>178</hi></l> +<l rend='margin-left: 2'>sons of second wife, <ref target='Pg091'>91</ref>, <hi rend='vertical-align: super'>D</hi></l> +<l rend='margin-left: 2'>widow on remarriage, <ref target='Pg073'>73</ref>, <hi rend='vertical-align: super'>H</hi></l> +<l rend='margin-left: 2'>with reservation, gift to favorite, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>165</hi></l> +<l rend='margin-left: 2'>wife's marriage present, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>150</hi></l> +<l rend='margin-left: 4'>bride-price for unmarried son, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>166</hi></l> +<l rend='margin-left: 4'>portion for votary sister, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>178</hi></l> +</lg> + +<lg> +<l>Sheep:</l> +<l rend='margin-left: 2'>damage done by, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>57</hi>, <hi rend='vertical-align: super'>58</hi></l> +<l rend='margin-left: 2'>manner of grazing them, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>58</hi></l> +<l rend='margin-left: 2'>sheep-shearing, <ref target='Pg300'>300</ref></l> +</lg> + +<lg> +<l>Shepherd, duties and responsibilities of, <ref target='Pg066'>66</ref>, <hi rend='vertical-align: super'>262-267</hi></l> +</lg> + +<lg> +<l>Shipping:</l> +<l rend='margin-left: 2'>boats hired, <ref target='Pg285'>285</ref></l> +<l rend='margin-left: 2'>its value in trading, <ref target='Pg284'>284</ref>, <ref target='Pg285'>285</ref></l> +</lg> + +<lg> +<l>Sin-iddinam, letters of, <ref target='Pg316'>316</ref>, <ref target='Pg329'>329</ref></l> +</lg> + +<lg> +<l>Skins, account of, <ref target='Pg301'>301</ref></l> +</lg> + +<lg> +<l>Slander:</l> +<l rend='margin-left: 2'>against votary or unmarried woman, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>127</hi></l> +<l rend='margin-left: 2'>in capital suit, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>3</hi></l> +<l rend='margin-left: 2'>not to be profitable, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>161</hi></l> +<l rend='margin-left: 2'>of title to property, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>11</hi></l> +<l rend='margin-left: 2'>of wife, to be purged by ordeal, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>132</hi></l> +<l rend='margin-left: 2'>seditious, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>109</hi></l> +</lg> + +<lg> +<anchor id='index-slave'/> +<l>Slave, one of the three estates, domestic, inferior. <hi rend='italic'>See</hi> <ref target='index-slavery'>Slavery</ref>:</l> +<l rend='margin-left: 2'>a chattel, property, <ref target='Pg168'>168</ref></l> +<l rend='margin-left: 2'>apprenticed, <ref target='Pg152'>152</ref>, <ref target='Pg181'>181</ref></l> +<l rend='margin-left: 2'>as an institution, <ref target='Pg168'>168</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>assaults freeman, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>205</hi></l> +<l rend='margin-left: 2'>Assyrian usages regarding, <ref target='Pg171'>171</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>authorities upon the system and facts, <ref target='Pg168'>168</ref>, <ref target='Pg169'>169</ref>;</l> +<l rend='margin-left: 4'>its history, <ref target='Pg169'>169</ref></l> +<l rend='margin-left: 2'>bad wife reduced to, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>141</hi></l> +<l rend='margin-left: 2'>been gored by a vicious ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>252</hi></l> +<l rend='margin-left: 2'>branding or tattooing, <ref target='Pg176'>176</ref></l> +<l rend='margin-left: 2'>child of slave, <ref target='Pg203'>203</ref></l> +<l rend='margin-left: 2'>children to the master, may succeed equally with wife's children, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>170</hi>;</l> +<l rend='margin-left: 4'>or only obtain their freedom, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi></l> +<l rend='margin-left: 2'>condemned to forced labor, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi></l> +<l rend='margin-left: 2'>cure of, master pays bill, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>217</hi>, <hi rend='vertical-align: super'>219</hi>, <hi rend='vertical-align: super'>223</hi></l> +<l rend='margin-left: 2'>different from the serfs, <ref target='Pg172'>172</ref></l> +<l rend='margin-left: 2'>diseases of, bennu, <ref target='Pg170'>170</ref></l> +<l rend='margin-left: 2'>evidence not good against a free man, <ref target='Pg179'>179</ref></l> +<l rend='margin-left: 2'>fees paid for teaching apprentice, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>foreign born, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>foreign slaves, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>281</hi></l> +<l rend='margin-left: 2'>free child made slave as a provision for life, <ref target='Pg173'>173</ref></l> +<l rend='margin-left: 2'>fugitive, harboring, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>16</hi></l> +<pb n='421'/><anchor id='Pg421'/> +<l rend='margin-left: 2'>guarantees in sale, <ref target='Pg174'>174</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>had much freedom, but bound, <ref target='Pg168'>168</ref></l> +<l rend='margin-left: 2'>had private property, <ref target='Pg178'>178</ref>, <ref target='Pg179'>179</ref></l> +<l rend='margin-left: 2'>hired laborer, <ref target='Pg271'>271</ref>. <hi rend='italic'>See</hi> <ref target='index-hire'>Hire</ref>, <ref target='index-wages'>Wages</ref></l> +<l rend='margin-left: 2'>her children, how legitimatized, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>his children free, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>175</hi></l> +<l rend='margin-left: 2'>his obligations to the state, <ref target='Pg205'>205</ref></l> +<l rend='margin-left: 2'>his tablet or name-plate, <ref target='Pg177'>177</ref></l> +<l rend='margin-left: 2'>his widow takes her marriage-portion and half their goods, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>175</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 4'>or at least half the goods for her children, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>176</hi></l> +<l rend='margin-left: 2'>history of one traced, <ref target='Pg180'>180</ref></l> +<l rend='margin-left: 2'>how estimated in Babylonia, <ref target='Pg074'>74</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>if child-bearing, maid could not be sold, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>in <hi rend='italic'>bennu</hi> disease, returned on seller, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>280</hi></l> +<l rend='margin-left: 2'>intermarriage and inheritance, <ref target='Pg136'>136</ref></l> +<l rend='margin-left: 2'>laws of capture, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>17-20</hi></l> +<l rend='margin-left: 2'>legal defects, <ref target='Pg171'>171</ref></l> +<l rend='margin-left: 2'>letter on runaway slaves, <ref target='Pg330'>330</ref></l> +<l rend='margin-left: 2'>manumission of slaves, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>280</hi></l> +<l rend='margin-left: 2'>married, <ref target='Pg136'>136</ref>, <ref target='Pg203'>203</ref></l> +<l rend='margin-left: 2'>marries free woman, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>175</hi>, <ref target='Pg136'>136</ref></l> +<l rend='margin-left: 2'>master's maid and fruitful, cannot be sold, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>119</hi></l> +<l rend='margin-left: 2'>master apprenticed slave, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>means of identification, <ref target='Pg176'>176</ref>, <ref target='Pg177'>177</ref></l> +<l rend='margin-left: 2'>names significant, <ref target='Pg177'>177</ref>, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>not free to make bargain, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi></l> +<l rend='margin-left: 2'>not to rival her mistress, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>on different footing with concubine, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>price of, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>punished, for repudiating his master, by loss of ear, <ref target='Pg067'>67</ref>, <hi rend='vertical-align: super'>282</hi></l> +<l rend='margin-left: 2'>recaptured runaway forfeit to the state, <ref target='Pg330'>330</ref></l> +<l rend='margin-left: 2'>relative proportion in the population, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>responsibility of seller of, <ref target='Pg070'>70</ref></l> +<l rend='margin-left: 2'>reward for capture and restoration, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>17</hi></l> +<l rend='margin-left: 2'>right to his family and property, <ref target='Pg172'>172</ref>, <ref target='Pg178'>178</ref>, <ref target='Pg179'>179</ref></l> +<l rend='margin-left: 2'>rights of, <ref target='Pg168'>168</ref></l> +<l rend='margin-left: 2'>rights and obligations of owners, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>17-20</hi></l> +<l rend='margin-left: 2'>runaway, question of return, <ref target='Pg181'>181</ref></l> +<l rend='margin-left: 2'>sale of, <ref target='Pg170'>170</ref></l> +<l rend='margin-left: 2'>security against defects in, <ref target='Pg269'>269</ref></l> +<l rend='margin-left: 2'>seduction from service, penal, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>15</hi></l> +<l rend='margin-left: 2'>skilled artisan, <ref target='Pg173'>173</ref>, <ref target='Pg181'>181</ref>, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>status, complex, <ref target='Pg168'>168</ref>, <ref target='Pg169'>169</ref>, <ref target='Pg180'>180</ref>, <ref target='Pg181'>181</ref></l> +<l rend='margin-left: 2'>supplied the militia, <ref target='Pg173'>173</ref></l> +<l rend='margin-left: 2'>value estimated, <ref target='Pg179'>179</ref>, <ref target='Pg180'>180</ref></l> +<l rend='margin-left: 2'>value of female slave's children, <ref target='Pg070'>70</ref></l> +<l rend='margin-left: 2'>widow has one son's share of estate, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>172</hi></l> +<l rend='margin-left: 4'>free at her master's death, <ref target='Pg135'>135</ref></l> +</lg> + +<lg> +<anchor id='index-slavery'/> +<l>Slavery:</l> +<l rend='margin-left: 2'>advantages of, <ref target='Pg172'>172</ref>, <ref target='Pg173'>173</ref></l> +<l rend='margin-left: 2'>branding, tattooing, <ref target='Pg176'>176</ref>, <ref target='Pg177'>177</ref></l> +<l rend='margin-left: 2'>children sold into, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>discussed, relating to Babylonia, <ref target='Pg168'>168</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>guarantees against rebellion, <ref target='Pg174'>174</ref></l> +<l rend='margin-left: 4'>flight, <ref target='Pg174'>174</ref></l> +<l rend='margin-left: 4'>untimely death, <ref target='Pg175'>175</ref></l> +<l rend='margin-left: 4'>unexpected claims, <ref target='Pg175'>175</ref></l> +<l rend='margin-left: 4'>over-exaction in the public service, <ref target='Pg175'>175</ref></l> +<l rend='margin-left: 4'>redemption as men of family, <ref target='Pg175'>175</ref></l> +<l rend='margin-left: 4'>illegal enslavement, <ref target='Pg176'>176</ref></l> +<l rend='margin-left: 2'>means of indicating, <ref target='Pg176'>176</ref>, <ref target='Pg177'>177</ref></l> +<l rend='margin-left: 2'>modes of entering into, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>recruited from freemen, <ref target='Pg172'>172</ref>, <ref target='Pg175'>175</ref>, <ref target='Pg177'>177</ref>, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>relative proportion to the population, <ref target='Pg182'>182</ref></l> +<l rend='margin-left: 2'>sales, <ref target='Pg174'>174</ref></l> +<l rend='margin-left: 2'>significant names in, <ref target='Pg177'>177</ref>, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>supplied the army, <ref target='Pg173'>173</ref>, <ref target='Pg203'>203</ref></l> +<l rend='margin-left: 4'>the militia, corvée, or levy for forced labor, <ref target='Pg173'>173</ref></l> +</lg> + +<lg> +<l>Soldiers:</l> +<l rend='margin-left: 2'>a public obligation, <ref target='Pg204'>204</ref></l> +<l rend='margin-left: 2'>might pay substitutes, <ref target='Pg204'>204</ref></l> +<l rend='margin-left: 2'>their place in the state, <ref target='Pg201'>201</ref>, <ref target='Pg202'>202</ref></l> +<l rend='margin-left: 2'>their relations to the forced labor, <ref target='Pg202'>202</ref>, <ref target='Pg203'>203</ref></l> +<l rend='margin-left: 2'>their system, <ref target='Pg202'>202</ref></l> +</lg> + +<lg> +<l>Son:</l> +<l rend='margin-left: 2'>by adoption, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>185 <hi rend='italic'>sq.</hi></hi>, <ref target='Pg154'>154</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>disinheritance of, to be inquired into by judge, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>168</hi>, <hi rend='vertical-align: super'>169</hi>;</l> +<l rend='margin-left: 4'>allowed or disallowed by judge, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>168</hi>, <hi rend='vertical-align: super'>169</hi></l> +<l rend='margin-left: 2'>first crime against father pardoned, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>169</hi></l> +<l rend='margin-left: 2'>his wife abused by his father, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi>, <hi rend='vertical-align: super'>156</hi></l> +<l rend='margin-left: 2'>must have father's consent to marry, <ref target='Pg127'>127</ref>, <ref target='Pg149'>149</ref></l> +<l rend='margin-left: 2'>of the royal favorite, royal household, or votary, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>187</hi>, <hi rend='vertical-align: super'>192</hi>, <hi rend='vertical-align: super'>193</hi></l> +<l rend='margin-left: 4'>must be prudent of speech, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>192</hi>, <hi rend='vertical-align: super'>193</hi></l> +<l rend='margin-left: 4'>under penalty, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>192</hi>, <hi rend='vertical-align: super'>194</hi></l> +<l rend='margin-left: 2'>penalty for striking father, hands cut off, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>195</hi>, <ref target='Pg149'>149</ref></l> +<l rend='margin-left: 2'>privileges as father's substitute, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>28</hi>, <hi rend='vertical-align: super'>29</hi></l> +<l rend='margin-left: 2'>receives deed of gift from father, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>165</hi></l> +<l rend='margin-left: 4'>also his share in estate, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>165</hi></l> +<l rend='margin-left: 2'>rights given by adoption. <hi rend='italic'>See</hi> <ref target='index-adoption'>Adoption</ref></l> +<l rend='margin-left: 2'>young son, unmarried, to be provided for, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>166</hi></l> +</lg> + +<lg> +<l>State:</l> +<l rend='margin-left: 2'>composed of three classes, <ref target='Pg074'>74</ref></l> +<l rend='margin-left: 2'>having other grades, <ref target='Pg076'>76</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Steward:</l> +<l rend='margin-left: 2'>accounts from, <ref target='Pg302'>302</ref></l> +<l rend='margin-left: 2'>temple officer, <ref target='Pg213'>213</ref></l> +</lg> + +<lg> +<l>Stolen goods, retention of equals theft, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>10</hi></l> +</lg> + +<lg> +<l>Strangling, penalty of, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>155</hi></l> +</lg> + +<lg> +<l>Striking. <hi rend='italic'>See</hi> <ref target='index-assault'>Assault</ref>, <ref target='index-fines'>Fines</ref>:</l> +<l rend='margin-left: 2'>of father by son, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>195</hi>, <ref target='Pg149'>149</ref></l> +</lg> + +<lg> +<l>Suitor:</l> +<l rend='margin-left: 2'>his relation to bride's parents, <ref target='Pg123'>123</ref></l> +<l rend='margin-left: 2'>rejected, his rights, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>160</hi></l> +<l rend='margin-left: 2'>rejected through calumny by comrade, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>161</hi></l> +<l rend='margin-left: 2'>refuses to marry, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>159</hi></l> +</lg> + +<lg> +<l>Suits of many kinds, <ref target='Pg102'>102-107</ref></l> +</lg> + +<lg> +<l>Suits at law:</l> +<l rend='margin-left: 2'>damages for loss and breach of trust, <ref target='Pg107'>107</ref></l> +<l rend='margin-left: 2'>deposit, <ref target='Pg106'>106</ref></l> +<pb n='422'/><anchor id='Pg422'/> +<l rend='margin-left: 2'>family dispute, <ref target='Pg104'>104</ref></l> +<l rend='margin-left: 2'>forged will, <ref target='Pg106'>106</ref></l> +<l rend='margin-left: 2'>for income, <ref target='Pg102'>102</ref>, <ref target='Pg103'>103</ref>, <ref target='Pg104'>104</ref></l> +<l rend='margin-left: 2'>gift, <ref target='Pg103'>103</ref></l> +<l rend='margin-left: 2'>house, <ref target='Pg104'>104</ref></l> +<l rend='margin-left: 2'>inheritance, <ref target='Pg103'>103</ref>, <ref target='Pg106'>106</ref></l> +<l rend='margin-left: 2'>land, <ref target='Pg104'>104</ref></l> +<l rend='margin-left: 2'>legacy, <ref target='Pg106'>106</ref></l> +<l rend='margin-left: 2'>loss of hired ass, <ref target='Pg106'>106</ref></l> +<l rend='margin-left: 2'>over adoption, <ref target='Pg106'>106</ref></l> +<l rend='margin-left: 2'>partnership, <ref target='Pg102'>102</ref></l> +<l rend='margin-left: 2'>property, <ref target='Pg102'>102</ref>, <ref target='Pg103'>103</ref>, <ref target='Pg104'>104</ref></l> +<l rend='margin-left: 2'>rent, <ref target='Pg106'>106</ref></l> +<l rend='margin-left: 2'>theft of a bull, <ref target='Pg107'>107</ref></l> +<l rend='margin-left: 2'>theft of four slaves, <ref target='Pg107'>107</ref></l> +<l rend='margin-left: 2'>title to garden, <ref target='Pg105'>105</ref></l> +<l rend='margin-left: 2'>vexatious persecution, <ref target='Pg104'>104</ref>, <ref target='Pg107'>107</ref></l> +</lg> + +<lg> +<l>Summons to appear in court, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>127</hi></l> +</lg> + +<lg> +<anchor id='index-surgeon'/> +<l>Surgeon:</l> +<l rend='margin-left: 2'>operations and fees, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215</hi>, <hi rend='vertical-align: super'>223</hi>. <hi rend='italic'>See</hi> Fees</l> +<l rend='margin-left: 2'>penalties for unsuccessful operations, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>218-220</hi></l> +</lg> + +<lg> +<l>Sworn depositions. <hi rend='italic'>See</hi> <ref target='index-oath'>Oath</ref>:</l> +<l rend='margin-left: 2'>for lost property, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi>, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>23</hi>, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi></l> +<l rend='margin-left: 2'>for lost money, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>102</hi>, <hi rend='vertical-align: super'>103</hi></l> +<l rend='margin-left: 2'>for quarrel and striking, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>206</hi></l> +<l rend='margin-left: 2'>on cost of boat and cargo, <ref target='Pg064'>64</ref>, <hi rend='vertical-align: super'>240</hi></l> +<l rend='margin-left: 2'>on gored ox, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>249</hi></l> +</lg> + +<lg> +<l>Tablet:</l> +<l rend='margin-left: 2'>an irrevocable witness, <ref target='Pg092'>92</ref></l> +<l rend='margin-left: 2'>bibliography, <ref target='Pg013'>13</ref></l> +<l rend='margin-left: 4'>as classified, <ref target='Pg013'>13</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>broken, breaking a contract, <ref target='Pg091'>91</ref></l> +<l rend='margin-left: 2'>Cappadocian, <ref target='Pg029'>29</ref></l> +<l rend='margin-left: 2'>contract, its real character, <ref target='Pg010'>10</ref></l> +<l rend='margin-left: 2'>duplicate of, <ref target='Pg069'>69</ref>, <hi rend='vertical-align: super'>A</hi></l> +<l rend='margin-left: 2'>its form, <ref target='Pg010'>10</ref>, <ref target='Pg011'>11</ref></l> +<l rend='margin-left: 2'>on loan, its modern value, <ref target='Pg250'>250</ref></l> +<l rend='margin-left: 4'>value for chronology, <ref target='Pg250'>250</ref>, <ref target='Pg251'>251</ref></l> +<l rend='margin-left: 2'>peculiarity of, on corn loan, <ref target='Pg258'>258</ref></l> +<l rend='margin-left: 2'>present location, <ref target='Pg018'>18</ref></l> +<l rend='margin-left: 2'>sealed, <ref target='Pg069'>69</ref>, <hi rend='vertical-align: super'>A</hi>, <ref target='Pg127'>127</ref>, <ref target='Pg151'>151</ref></l> +<l rend='margin-left: 2'>served as name-plate, <ref target='Pg177'>177</ref></l> +<l rend='margin-left: 2'>shows the same handwriting throughout, <ref target='Pg151'>151</ref></l> +<l rend='margin-left: 2'>signed by the seal, <ref target='Pg151'>151</ref></l> +</lg> + +<lg> +<l>Tattooing and branding escaped slave, <ref target='Pg176'>176</ref></l> +</lg> + +<lg> +<l>Taxes:</l> +<l rend='margin-left: 2'>loaning money to pay, <ref target='Pg252'>252</ref></l> +<l rend='margin-left: 2'>question of ancient, <ref target='Pg115'>115</ref></l> +<l rend='margin-left: 2'>their collection, <ref target='Pg323'>323</ref>, <ref target='Pg324'>324</ref>, <ref target='Pg325'>325</ref></l> +</lg> + +<lg> +<l>Tell el Amarna letters, <ref target='Pg014'>14</ref>, <ref target='Pg311'>311</ref></l> +</lg> + +<lg> +<anchor id='index-temple'/> +<l>Temple:</l> +<l rend='margin-left: 2'>a business institution, <ref target='Pg211'>211</ref></l> +<l rend='margin-left: 2'>a place of deposit and traffic, <ref target='Pg211'>211</ref></l> +<l rend='margin-left: 2'>a trading institution, <ref target='Pg211'>211</ref>, <ref target='Pg212'>212</ref>, <ref target='Pg216'>216</ref>, <ref target='Pg217'>217</ref></l> +<l rend='margin-left: 2'>as landowner, <ref target='Pg209'>209</ref></l> +<l rend='margin-left: 2'>centre of civilization, <ref target='Pg186'>186</ref>, <ref target='Pg208'>208</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>clan names from office in, <ref target='Pg214'>214</ref></l> +<l rend='margin-left: 2'>dedication of children to, <ref target='Pg224'>224</ref>;</l> +<l rend='margin-left: 4'>of land to, <ref target='Pg223'>223</ref>;</l> +<l rend='margin-left: 4'>to secure divine favor, <ref target='Pg224'>224</ref></l> +<l rend='margin-left: 2'>endowed by kings, <ref target='Pg195'>195</ref>, <ref target='Pg196'>196</ref></l> +<l rend='margin-left: 2'>endowments, <ref target='Pg215'>215</ref></l> +<l rend='margin-left: 2'>had large dues, <ref target='Pg208'>208</ref>, <ref target='Pg209'>209</ref>, <ref target='Pg210'>210</ref></l> +<l rend='margin-left: 2'>hereditary rights in, <ref target='Pg214'>214</ref></l> +<l rend='margin-left: 2'>its archives for registers, <ref target='Pg227'>227</ref></l> +<l rend='margin-left: 2'>its importance in the state, <ref target='Pg208'>208</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>its relation to ethics, divination, magic, <ref target='Pg212'>212</ref>, <ref target='Pg213'>213</ref></l> +<l rend='margin-left: 2'>its relation to the palace, <ref target='Pg212'>212</ref>, <ref target='Pg216'>216</ref></l> +<l rend='margin-left: 2'>its relation to the state, <ref target='Pg216'>216</ref></l> +<l rend='margin-left: 2'>its rights and influences, <ref target='Pg186'>186</ref>, <ref target='Pg193'>193</ref></l> +<l rend='margin-left: 2'>its slaves were as serfs, <ref target='Pg173'>173</ref></l> +<l rend='margin-left: 2'>its staff and influence, <ref target='Pg211'>211</ref>, <ref target='Pg212'>212</ref></l> +<l rend='margin-left: 2'>its tithe, <ref target='Pg205'>205</ref>, <ref target='Pg206'>206</ref></l> +<l rend='margin-left: 2'>its treasuries and storehouses, <ref target='Pg211'>211</ref></l> +<l rend='margin-left: 2'>kings made enforced loans from, <ref target='Pg216'>216</ref></l> +<l rend='margin-left: 2'>large landowner, <ref target='Pg173'>173</ref>, <ref target='Pg193'>193</ref>, <ref target='Pg208'>208</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>lending money, <ref target='Pg252'>252</ref></l> +<l rend='margin-left: 2'>loans from, <ref target='Pg216'>216</ref></l> +<l rend='margin-left: 2'>negotiable rights in, <ref target='Pg215'>215</ref></l> +<l rend='margin-left: 2'>officials as witnesses, <ref target='Pg086'>86</ref></l> +<l rend='margin-left: 2'>officials in, <ref target='Pg212'>212</ref>, <ref target='Pg213'>213</ref>, <ref target='Pg214'>214</ref></l> +<l rend='margin-left: 2'>origin of the dues, <ref target='Pg208'>208</ref>, <ref target='Pg209'>209</ref></l> +<l rend='margin-left: 2'>property protected, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>6</hi>, <hi rend='vertical-align: super'>8</hi></l> +<l rend='margin-left: 2'>proprietary rights in income, <ref target='Pg215'>215</ref>, <ref target='Pg216'>216</ref></l> +<l rend='margin-left: 2'>right to income, <ref target='Pg216'>216</ref></l> +<l rend='margin-left: 2'>shared in the sacrifices, <ref target='Pg210'>210</ref></l> +<l rend='margin-left: 2'>testamentary devolution of property, <ref target='Pg224'>224</ref>, <ref target='Pg225'>225</ref>, <ref target='Pg226'>226</ref></l> +<l rend='margin-left: 2'>treasury used for ransom, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>32</hi></l> +<l rend='margin-left: 2'>value of its archives, ix</l> +</lg> + +<lg> +<l>Tenant. <hi rend='italic'>See</hi> <ref target='index-lease'>Lease</ref>, <ref target='index-land'>Land</ref>, <ref target='index-farm'>Farm</ref>:</l> +<l rend='margin-left: 2'>defrauding owner, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>255</hi></l> +<l rend='margin-left: 4'>torn to pieces on the field by the oxen, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>256</hi></l> +<l rend='margin-left: 2'>fixed rent, <ref target='Pg198'>198</ref></l> +<l rend='margin-left: 2'>form of holding, and amenities, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>253</hi></l> +<l rend='margin-left: 2'>forms of tenancy, <ref target='Pg184'>184</ref> <hi rend='italic'>sq.</hi> , 196 <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>his duties and responsibilities, <ref target='Pg198'>198</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>improving lease, <ref target='Pg198'>198</ref></l> +<l rend='margin-left: 2'>on shares, <ref target='Pg197'>197</ref></l> +<l rend='margin-left: 2'>redress from, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>254</hi></l> +<l rend='margin-left: 2'>risks, <ref target='Pg048'>48</ref>, <hi rend='vertical-align: super'>45-47</hi></l> +</lg> + +<lg> +<l>Theft:</l> +<l rend='margin-left: 2'>first order, from temple or house, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>6</hi></l> +<l rend='margin-left: 2'>from deposit, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi></l> +<l rend='margin-left: 2'>from fire, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>25</hi></l> +<l rend='margin-left: 2'>made good by banker, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>125</hi></l> +<l rend='margin-left: 2'>penalties, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi>, <hi rend='vertical-align: super'>8</hi>, <ref target='Pg046'>46</ref>, <hi rend='vertical-align: super'>25</hi></l> +<l rend='margin-left: 2'>recovered from thief, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>125</hi></l> +<l rend='margin-left: 2'>second order, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>8</hi></l> +<l rend='margin-left: 2'>securities against, <ref target='Pg269'>269</ref></l> +<l rend='margin-left: 2'>under Metayer, <ref target='Pg065'>65</ref>, <hi rend='vertical-align: super'>253-256</hi></l> +</lg> + +<lg> +<l>Tithe:</l> +<l rend='margin-left: 2'>evidence needed, xi</l> +<l rend='margin-left: 2'>how paid, <ref target='Pg206'>206</ref></l> +<l rend='margin-left: 2'>to the temple, <ref target='Pg205'>205</ref>, <ref target='Pg206'>206</ref></l> +</lg> + +<lg> +<l>Title-deed destroyed for illegal purchase, <ref target='Pg047'>47</ref>, <hi rend='vertical-align: super'>37</hi></l> +</lg> + +<lg> +<l>Tongue cut out as penalty, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>192</hi>, <ref target='Pg150'>150</ref></l> +</lg> + +<pb n='423'/><anchor id='Pg423'/> + +<lg> +<anchor id='index-trading'/> +<l>Trading, trade:</l> +<l rend='margin-left: 2'>between capital and labor, <ref target='Pg281'>281</ref></l> +<l rend='margin-left: 2'>its laws, <ref target='Pg281'>281</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>money out on speculation, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>102</hi>, <hi rend='vertical-align: super'>103</hi>, <ref target='Pg281'>281</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 2'>relations in, by principal and agent, <ref target='Pg051'>51</ref>, <hi rend='vertical-align: super'>100-107</hi>, <ref target='Pg281'>281</ref> <hi rend='italic'>sq.</hi></l> +</lg> + +<lg> +<l>Trespass, law of, <ref target='Pg049'>49</ref>, <hi rend='vertical-align: super'>54</hi>, <hi rend='vertical-align: super'>55</hi></l> +</lg> + +<lg> +<l>Trousseau, bride's, <ref target='Pg129'>129</ref></l> +</lg> + +<lg> +<l>Trust, deposit, storage. <hi rend='italic'>See</hi> <ref target='index-carrier'>Carrier</ref>:</l> +<l rend='margin-left: 2'>care in depositing valuables, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>122-126</hi></l> +<l rend='margin-left: 2'>corn put in store, and amount disputed, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120</hi></l> +</lg> + +<lg> +<l>Valuables:</l> +<l rend='margin-left: 2'>claim is contested, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>123-126</hi></l> +<l rend='margin-left: 2'>deposited before witnesses, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>122-124</hi></l> +<l rend='margin-left: 2'>on deposit, care of, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>122-126</hi></l> +</lg> + +<lg> +<l>Values:</l> +<l rend='margin-left: 2'>difference of free-born and slave as hostage, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>116</hi></l> +<l rend='margin-left: 2'>sixty ḲA of <hi rend='italic'>sakani</hi> beer for fifty ḲA of corn, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>111</hi></l> +</lg> + +<lg> +<anchor id='index-veterinary-surgeon'/> +<l>Veterinary surgeon:</l> +<l rend='margin-left: 2'>his duties and responsibilities, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>224-226</hi></l> +<l rend='margin-left: 2'>penalty for unsuccessful operation, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>225</hi></l> +</lg> + +<lg> +<l>Vicarious punishments, <ref target='Pg098'>98</ref></l> +</lg> + +<lg> +<l>Village lands and tenure in Babylonia, <ref target='Pg185'>185</ref>, <ref target='Pg186'>186</ref></l> +</lg> + +<lg> +<l>Votaries:</l> +<l rend='margin-left: 2'>their position, <ref target='Pg073'>73</ref>, <ref target='Pg074'>74</ref></l> +<l rend='margin-left: 2'>succession of, <ref target='Pg159'>159</ref></l> +</lg> + +<lg> +<l>Votary:</l> +<l rend='margin-left: 2'>a mother and divorced, her legal rights, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +<l rend='margin-left: 4'>her children's legal rights, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi></l> +<l rend='margin-left: 2'>belonging to convent, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>110</hi></l> +<l rend='margin-left: 2'>devoted by mother, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>donation from father, <ref target='Pg219'>219</ref></l> +<l rend='margin-left: 2'>dowered as for marriage, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>178</hi>, <ref target='Pg130'>130</ref>, <ref target='Pg219'>219</ref></l> +<l rend='margin-left: 2'>expected to keep her virginity, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>free to leave her portion, if allowed by father's deed, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>178</hi>, <hi rend='vertical-align: super'>179</hi>, <ref target='Pg220'>220</ref>;</l> +<l rend='margin-left: 4'>otherwise, brothers assume the estate and manage it, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>178</hi>;</l> +<l rend='margin-left: 4'>or, if not content, she can farm it out, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>178</hi>;</l> +<l rend='margin-left: 4'>but cannot alienate it from her brothers, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>178</hi></l> +<l rend='margin-left: 2'>frequenting beer-shop, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>110</hi></l> +<l rend='margin-left: 2'>has dowry by deed of free gift from her father, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>179</hi>, <ref target='Pg220'>220</ref></l> +<l rend='margin-left: 2'>if dedicated to Marduk of Babylon, and not portioned, shall have one-third of child's share, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>182</hi></l> +<l rend='margin-left: 2'>if not given a portion, is entitled to one-third of child's share, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>181</hi></l> +<l rend='margin-left: 2'>leaves property as she pleases, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>182</hi>, <ref target='Pg158'>158</ref></l> +<l rend='margin-left: 2'>liable to death penalty, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>110</hi></l> +<l rend='margin-left: 2'>low in rank, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>marriage with, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>144</hi>, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>may give maid to her husband, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>144</hi>;</l> +<l rend='margin-left: 4'>but husband may not marry a concubine, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>144</hi>;</l> +<l rend='margin-left: 4'>or the concubine will not equal the votary, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>145</hi></l> +<l rend='margin-left: 2'>may sell a barren concubine, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>147</hi></l> +<l rend='margin-left: 2'>must leave share to her brothers, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>181</hi></l> +<l rend='margin-left: 2'>not to be beer-seller, <ref target='Pg052'>52</ref>, <hi rend='vertical-align: super'>110</hi></l> +<l rend='margin-left: 2'>not to be slandered, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>127</hi></l> +<l rend='margin-left: 2'>relation to adopted son, <ref target='Pg158'>158</ref></l> +<l rend='margin-left: 2'>rights in gift made by, <ref target='Pg220'>220</ref></l> +<l rend='margin-left: 2'>shall not admit the concubine to an equality, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>146</hi></l> +<l rend='margin-left: 2'>shall pay no taxes, <ref target='Pg060'>60</ref>, <hi rend='vertical-align: super'>182</hi></l> +<l rend='margin-left: 2'>son of, shall not be reclaimed from adoption, <ref target='Pg061'>61</ref>, <hi rend='vertical-align: super'>187</hi></l> +</lg> + +<lg> +<anchor id='index-wages'/> +<l>Wages. <hi rend='italic'>See</hi> <ref target='index-hire'>Hire</ref>, <ref target='index-labor'>Labor</ref>:</l> +<l rend='margin-left: 2'>advances made in lieu of, <ref target='Pg273'>273</ref></l> +<l rend='margin-left: 2'>average, estimated, <ref target='Pg271'>271</ref></l> +<l rend='margin-left: 2'>liable to adjustment, <ref target='Pg271'>271</ref></l> +<l rend='margin-left: 2'>living included, <ref target='Pg272'>272</ref></l> +<l rend='margin-left: 2'>often paid in produce, <ref target='Pg272'>272</ref></l> +</lg> + +<lg> +<l>Warden, temple officer, <ref target='Pg213'>213</ref></l> +</lg> + +<lg> +<l>Warehousing:</l> +<l rend='margin-left: 2'>claims contested, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>124</hi>, <hi rend='vertical-align: super'>125</hi></l> +<l rend='margin-left: 2'>fee or rent, five ḲA of corn for each GUR of corn, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>121</hi></l> +<l rend='margin-left: 2'>precautions in depositing valuables, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>122</hi>, <hi rend='vertical-align: super'>123</hi></l> +<l rend='margin-left: 2'>responsibilities, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>120-126</hi></l> +</lg> + +<lg> +<l>Weaving:</l> +<l rend='margin-left: 2'>accounts of, <ref target='Pg300'>300</ref></l> +<l rend='margin-left: 2'>establishments, <ref target='Pg203'>203</ref></l> +</lg> + +<lg> +<l>Weights and measures, tables of, <ref target='Pg398'>398</ref></l> +</lg> + +<lg> +<anchor id='index-widow'/> +<l>Widow:</l> +<l rend='margin-left: 2'>cannot legally sell anything, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>177</hi>, <ref target='Pg145'>145</ref>, <ref target='Pg147'>147</ref></l> +<l rend='margin-left: 2'>children of second wife, their rights, <ref target='Pg071'>71</ref></l> +<l rend='margin-left: 2'>children's inheritance, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>167-172</hi>, <ref target='Pg071'>71</ref></l> +<l rend='margin-left: 2'>could not marry and desert children in minority, <ref target='Pg146'>146</ref></l> +<l rend='margin-left: 4'>without consent of law court, <ref target='Pg146'>146</ref></l> +<l rend='margin-left: 2'>free to marry the man of her choice, <ref target='Pg146'>146</ref></l> +<l rend='margin-left: 2'>gift, made by deed, her own, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi>, <ref target='Pg105'>105</ref></l> +<l rend='margin-left: 2'>has, as a portion, one son's share, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>172</hi></l> +<l rend='margin-left: 2'>has right to remain in husband's house, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>172</hi>, <ref target='Pg145'>145</ref></l> +<l rend='margin-left: 2'>her conduct and character inquired into, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>172</hi>, <ref target='Pg145'>145</ref></l> +<l rend='margin-left: 2'>her rights, <ref target='Pg145'>145-147</ref></l> +<l rend='margin-left: 2'>marriage-portion her own, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi>, <hi rend='vertical-align: super'>172</hi>, <ref target='Pg145'>145</ref></l> +<l rend='margin-left: 2'>may leave, and be married again, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>172</hi></l> +<l rend='margin-left: 4'>can only take her marriage-portion, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi>, <hi rend='vertical-align: super'>172</hi>, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>172</hi>, <ref target='Pg145'>145</ref>, <ref target='Pg146'>146</ref></l> +<l rend='margin-left: 4'>children of both marriages share equally in the marriage-portion, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>173</hi>, <hi rend='vertical-align: super'>174</hi>, <ref target='Pg145'>145</ref>, <ref target='Pg146'>146</ref>;</l> +<l rend='margin-left: 6'>or, if only one family, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>174</hi>, <ref target='Pg146'>146</ref></l> +<l rend='margin-left: 2'>may marry again, but children's interests conserved, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>177</hi>, <ref target='Pg145'>145</ref>, <ref target='Pg146'>146</ref></l> +<l rend='margin-left: 4'>must give bonds as trustee with second husband, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>177</hi>, <ref target='Pg146'>146</ref></l> +<l rend='margin-left: 4'>gives inventory of property and obligation to preserve the property, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>177</hi>, <ref target='Pg146'>146</ref></l> +</lg> + +<pb n='424'/><anchor id='Pg424'/> + +<lg> +<anchor id='index-wife'/> +<l>Wife:</l> +<l rend='margin-left: 2'>as trustee of children of first marriage, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>177</hi></l> +<l rend='margin-left: 2'>bad, may be prosecuted, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>141</hi></l> +<l rend='margin-left: 4'>divorced without compensation, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>141</hi>, <ref target='Pg141'>141</ref> <hi rend='italic'>sq.</hi></l> +<l rend='margin-left: 4'>reduced to the status of slave, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>141</hi></l> +<l rend='margin-left: 2'>betrothal and marriage ceremony, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>character of good, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>142</hi></l> +<l rend='margin-left: 2'>childless, her marriage-portion returns to her father's house, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>F</hi></l> +<l rend='margin-left: 2'>children of second wife take one-third of property, <ref target='Pg071'>71</ref>, <hi rend='vertical-align: super'>D</hi></l> +<l rend='margin-left: 2'>conniving at her husband's murder, impaled, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>153</hi></l> +<l rend='margin-left: 2'>consent of father-in-law, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>deceased, her marriage-portion is the children's, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>162</hi></l> +<l rend='margin-left: 2'>degraded to the condition of slave, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>denies conjugal rights, its complications, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>142</hi>, <ref target='Pg142'>142</ref>;</l> +<l rend='margin-left: 4'>may take her marriage-portion and return to her father, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>142</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>deserted by husband, free to marry, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>136</hi>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>desertion by husband, involuntary, <ref target='Pg143'>143</ref>;</l> +<l rend='margin-left: 4'>by husband, voluntary, <ref target='Pg144'>144</ref></l> +<l rend='margin-left: 2'>divorced, her legal rights, if a mother, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>137</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 4'>if not a mother, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>138</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>dowry and marriage-portion, <ref target='Pg128'>128</ref>, <ref target='Pg129'>129</ref>, <ref target='Pg130'>130</ref>, <ref target='Pg131'>131</ref></l> +<l rend='margin-left: 2'>falsely accused, and cleared by oath, <ref target='Pg054'>54</ref></l> +<l rend='margin-left: 2'>financial responsibilities between husband and wife, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>151</hi>, <hi rend='vertical-align: super'>152</hi>;</l> +<l rend='margin-left: 4'>question as to ante-nuptial, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>151</hi></l> +<l rend='margin-left: 2'>first home and home-going, <ref target='Pg133'>133</ref></l> +<l rend='margin-left: 2'>her marriage registered, <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>her pin-money, <ref target='Pg132'>132</ref></l> +<l rend='margin-left: 2'>her rights, if sent away, <ref target='Pg140'>140</ref>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>her trousseau, <ref target='Pg129'>129</ref></l> +<l rend='margin-left: 2'>if childless, it returns to her father's house, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>163</hi></l> +<l rend='margin-left: 4'>husband has no claim to it, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>163</hi></l> +<l rend='margin-left: 4'>bride-price to be deducted from the marriage-portion, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>163</hi></l> +<l rend='margin-left: 2'>in monogamy and polygamy, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>invalid cannot be put away, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>148</hi>, <ref target='Pg142'>142</ref>;</l> +<l rend='margin-left: 4'>or divorced, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>148</hi>, <ref target='Pg142'>142</ref>;</l> +<l rend='margin-left: 4'>but may claim her marriage-portion and go to her father, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>149</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>laws and conditions of divorce, <ref target='Pg141'>141</ref> <hi rend='italic'>sq.</hi> <hi rend='italic'>See</hi> <ref target='index-divorce'>Divorce</ref></l> +<l rend='margin-left: 2'>marriage performed at <q>wedding-house,</q> <ref target='Pg128'>128</ref></l> +<l rend='margin-left: 2'>may be saved by husband from death penalty, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>129</hi></l> +<l rend='margin-left: 2'>may be a votary, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>144-146</hi>, <ref target='Pg137'>137</ref></l> +<l rend='margin-left: 2'>may claim separation on account of cruelty, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>142</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>may sell a childless concubine, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>147</hi>, <ref target='Pg135'>135</ref></l> +<l rend='margin-left: 2'>must have marriage contract, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>128</hi></l> +<l rend='margin-left: 2'>not to be slandered, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>127</hi></l> +<l rend='margin-left: 2'>of captive and not maintained, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>134</hi>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 4'>marries another, and returns to first, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>135</hi>, <ref target='Pg143'>143</ref>, <ref target='Pg144'>144</ref>;</l> +<l rend='margin-left: 6'>children remain with their father, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>135</hi>, <ref target='Pg143'>143</ref></l> +<l rend='margin-left: 2'>penalty for adultery, strangling, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>129</hi></l> +<l rend='margin-left: 2'>results to a bad wife, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>retains legal power over marriage deed of gift, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>150</hi></l> +<l rend='margin-left: 4'>may leave it to her child, but not to her kindred, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>150</hi></l> +<l rend='margin-left: 2'>rights if a widow, once or twice, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>171</hi>, <hi rend='vertical-align: super'>172</hi>, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>173</hi>, <hi rend='vertical-align: super'>174</hi>;</l> +<l rend='margin-left: 4'>and of her children, <ref target='Pg059'>59</ref>, <hi rend='vertical-align: super'>172-174</hi></l> +<l rend='margin-left: 2'>second, different kinds of, <ref target='Pg134'>134</ref></l> +<l rend='margin-left: 2'>second, when allowed, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>137</hi>, <ref target='Pg056'>56</ref>, <hi rend='vertical-align: super'>138-141</hi>, <ref target='Pg057'>57</ref>, <hi rend='vertical-align: super'>148</hi></l> +<l rend='margin-left: 2'>shares of two wives and their families, <ref target='Pg058'>58</ref>, <hi rend='vertical-align: super'>167</hi></l> +<l rend='margin-left: 2'>slandered, cleared by ordeal, <ref target='Pg054'>54</ref>, <hi rend='vertical-align: super'>132</hi></l> +<l rend='margin-left: 2'>sold into slavery, <ref target='Pg178'>178</ref></l> +<l rend='margin-left: 2'>son's wife, rude to mother-in-law, may be branded and sold, <ref target='Pg140'>140</ref></l> +<l rend='margin-left: 2'>undutiful and slanderous, may be drowned, <ref target='Pg055'>55</ref>, <hi rend='vertical-align: super'>143</hi>, <ref target='Pg142'>142</ref></l> +<l rend='margin-left: 2'>widow and childless, takes marriage-portion from the estate, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>G</hi></l> +<l rend='margin-left: 4'>takes any marriage gift, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>G</hi></l> +<l rend='margin-left: 6'>and it shall be adjudged an equivalent, <ref target='Pg072'>72</ref>, <hi rend='vertical-align: super'>G</hi></l> +<l rend='margin-left: 2'>widow, on remarriage, takes her marriage-portion, <ref target='Pg073'>73</ref>, <hi rend='vertical-align: super'>H</hi></l> +<l rend='margin-left: 4'>is succeeded in her marriage-portion by children of both marriages, <ref target='Pg073'>73</ref>, <hi rend='vertical-align: super'>H</hi></l> +<l rend='margin-left: 4'>takes her marriage gifts, <ref target='Pg073'>73</ref>, <hi rend='vertical-align: super'>H</hi></l> +</lg> + +<lg> +<l>Witchcraft:</l> +<l rend='margin-left: 2'>and ordeal, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>2</hi></l> +<l rend='margin-left: 2'>laws against, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>1</hi>, <hi rend='vertical-align: super'>2</hi></l> +</lg> + +<lg> +<l>Witness:</l> +<l rend='margin-left: 2'>examined on oath, <ref target='Pg086'>86</ref></l> +<l rend='margin-left: 2'>false, in civil suit, pays the expenses, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>3</hi></l> +<l rend='margin-left: 2'>for deposits, <ref target='Pg053'>53</ref>, <hi rend='vertical-align: super'>122</hi>, <hi rend='vertical-align: super'>123</hi>, <hi rend='vertical-align: super'>124</hi>, <hi rend='vertical-align: super'>125</hi></l> +<l rend='margin-left: 2'>must know the lost property, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi></l> +<l rend='margin-left: 2'>perhaps attached to law court, <ref target='Pg081'>81</ref>, <ref target='Pg085'>85</ref></l> +<l rend='margin-left: 2'>production of, <ref target='Pg111'>111</ref></l> +<l rend='margin-left: 2'>required for legal purchase, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>7</hi>, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>9</hi></l> +<l rend='margin-left: 2'>suffers death for perjury, <ref target='Pg044'>44</ref>, <hi rend='vertical-align: super'>3</hi></l> +<l rend='margin-left: 2'>the position considered, <ref target='Pg085'>85</ref></l> +<l rend='margin-left: 2'>time extended for production of, <ref target='Pg045'>45</ref>, <hi rend='vertical-align: super'>13</hi></l> +<l rend='margin-left: 2'>to a bond or deed, <ref target='Pg229'>229</ref></l> +<l rend='margin-left: 2'>to sign or seal, <ref target='Pg151'>151</ref></l> +</lg> + +<lg> +<l>Wool:</l> +<l rend='margin-left: 2'>different kinds of, <ref target='Pg299'>299</ref>, <ref target='Pg300'>300</ref></l> +<l rend='margin-left: 2'>memoranda regarding, <ref target='Pg299'>299</ref></l> +</lg> + +<lg> +<l>Wounds:</l> +<l rend='margin-left: 2'>cured by surgeon, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>215-218</hi></l> +<l rend='margin-left: 4'>by veterinary surgeon, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>224</hi></l> +<l rend='margin-left: 2'>in quarrel, <ref target='Pg062'>62</ref>, <hi rend='vertical-align: super'>206</hi>, <hi rend='vertical-align: super'>207</hi>, <ref target='Pg063'>63</ref>, <hi rend='vertical-align: super'>218</hi></l> +</lg> + +<lg> +<l>Writing, Babylonian and Assyrian, <ref target='Pg151'>151</ref></l> +</lg> + +</div> +</body> + +<back rend="page-break-before: right"> + <div id="footnotes"> + <index index="toc" /> + <index index="pdf" /> + <head>Footnotes</head> + <divGen type="footnotes"/> + </div> + <div rend="page-break-before: right"> + <divGen type="pgfooter" /> + </div> +</back> +</text> +</TEI.2> |