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diff --git a/28674.txt b/28674.txt new file mode 100644 index 0000000..938be6e --- /dev/null +++ b/28674.txt @@ -0,0 +1,19403 @@ +The Project Gutenberg EBook of Babylonian and Assyrian Laws, Contracts and +Letters by C. H. W. Johns + + + +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 included with this eBook or +online at http://www.gutenberg.org/license + + + +Title: Babylonian and Assyrian Laws, Contracts and Letters + +Author: C. H. W. Johns + +Release Date: May 3, 2009 [Ebook #28674] + +Language: English + +Character set encoding: US-ASCII + + +***START OF THE PROJECT GUTENBERG EBOOK BABYLONIAN AND ASSYRIAN LAWS, CONTRACTS AND LETTERS*** + + + + + + Library of Ancient Inscriptions + + Babylonian And Assyrian + + Laws, Contracts and Letters + + By + + C. H. W. Johns, M.A. + + Lecturer in Queens' College, Cambridge, and + + King's College, London + + New York + + Charles Scribner's Sons + + 1904 + + + + + +CONTENTS + + +Dedication +Preface +List Of Abbreviations +Sources And Bibliography +Laws And Contracts + I. The Earliest Babylonian Laws + II. The Code Of Hammurabi + III. Later Babylonian Law + IV. The Social Organization Of The Ancient Babylonian State + V. Judges, Law-Courts, And Legal Processes + VI. Legal Decisions + VII. Public Rights + VIII. Criminal Law + IX. The Family Organization + X. Courtship And Marriage + XI. Divorce And Desertion + XII. Rights Of Widows + XIII. Obligations And Rights Of Children + XIV. The Education And Early Life Of Children + XV. Adoption + XVI. Rights Of Inheritance + XVII. Slavery + XVIII. Land Tenure In Babylonia + XIX. The Army, _Corvee_, And Other Claims For Personal Service + XX. The Functions And Organization Of The Temple + XXI. Donations And Bequests + XXII. Sales + XXIII. Loans And Deposits + XXIV. Pledges And Guarantees + XXV. Wages Of Hired Laborers + XXVI. Lease Of Property + XXVII. The Laws Of Trade + XXVIII. Partnership And Power Of Attorney + XXIX. Accounts And Business Documents +Babylonian And Assyrian Letters + I. Letters And Letter-Writing Among The Babylonians And Assyrians + II. The Letters Of Hammurabi + III. The Letters Of Samsu-Iluna And His Immediate Successors + IV. Private Letters Of The First Dynasty Of Babylon + V. Sennacherib's Letters To His Father, Sargon + VI. Letters From The Last Year Of Shamash-Shum-Ukin + VII. Letters Regarding Affairs In Southern Babylonia + Letters About Elam And Southern Babylonia + IX. Miscellaneous Assyrian Letters + X. Letters Of The Second Babylonian Empire +Appendix + I. The Prologue And Epilogue To The Code Of Hammurabi + II. Chronology + III. Weights And Measures + IV. Bibliography Of The Later Periods +Index +Footnotes + + + + + + +DEDICATION + + +To +My Mother +In Memory Of Loving Help + + + + + +PREFACE + + +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. + +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 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 "hall mark," not only of +extreme antiquity but of sterling worth. + +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 mediaeval 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. + +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 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. + +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. + +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. + +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. + +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 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 Hammurabi 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. + +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 "from +time immemorial." 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 "time immemorial" 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. + +In this and many similar cases it is well not to go beyond the evidence. + +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 +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. + +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. + +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 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. + +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. + +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, +"Ardi-Ishtar, son of Ashur-bani, the son of Gahal," 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 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. + +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. + +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. + +A collection of legal documents may be studied in a variety of ways. + +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 mediaeval 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 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. + +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 "sales," 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. + +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. + +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 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. + +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. + +Thus, M. V. Revillout, in the appendix to M. E. Revillout's lectures +entitled _Les obligations en droit egyptien_, under the title of _Une +famille des commercants_, 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. + +Such a collection of documents probably did not come 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. + +In Assyrian times the transactions of the great Rimani-Adadi, the chief +charioteer and agent of Ashurbanipal, 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,(1) or we may note how Bahianu +appears, chiefly as a corn lender, year after year, for thirty-three +years, on some twenty-four tablets.(2) + +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 Nabu-aplu-iddin,(3) 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(4) 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.(5) 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. + +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, "Murashu Sons, of Nippur," 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. + +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. + +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. + + + + + +LIST OF ABBREVIATIONS + + +A. B. R. _Aus dem babylonischen Rechtsleben._ Professor J. Kohler and Dr. +F. E. Peiser. Leipzig, 1890-. + +A. D. B. _Assyrian Doomsday Book._ Vol. XVII of _Assyriologische +Bibliothek_. Leipzig, 1901. + +A. D. D. _Assyrian Deeds and Documents._ In three vols. Cambridge, 1898-. + +A. J. S. L. _American Journal of Semitic Languages and Literatures._ +Chicago. + +A. O. F. _Altorientalische Forschungen._ Dr. H. Winckler. Leipzig, 1893-. + +B. A. L. _Babylonian and Assyrian Life._ Professor A. H. Sayce. New York, +1901. (Semitic Series.) + +B. A. S. _Beitraege zur Assyriologie._ Professors Delitzsch and Haupt. +Leipzig, 1890-. + +B. E. P. _The Babylonian Expedition of the University of Pennsylvania._ +Series A. Cuneiform Texts. 1898-. + +B. V. _Babylonische Vertraege._ Dr. F. E. Peiser. Berlin, 1890. + +C. T. _Cuneiform Texts from Babylonian Tablets, etc., in the British +Museum._ London, 1896-. + +D. E. P. _Delegation en Perse, Memoires._ Pub. by French Ministry of +Instruction. Professor V. Scheil. 1900-. + +E. B. H. _Early Babylonian History._ Dr. H. Radau. New York, 1900. + +H. A. B. L. _Assyrian and Babylonian Letters._ Professor R. F. Harper. +Chicago, 1892-. + +H. W. B. _Assyrisches Handwoerterbuch._ Professor Delitzsch. Leipzig, 1894. + +I R., II R., III R., IV R., V R. _The Cuneiform Inscriptions of Western +Asia._ H. C. Rawlinson. London, 1861, 1866, 1870, 1880-4. + +K. A. S. _Keilinschriftliche Aktenstuecke._ Dr. F. E. Peiser. Berlin, 1889. + +K. B. _Keilinschriftliche Bibliothek._ Professor Eb. Schrader. Berlin, +1889-. + +K. L. H. _The Letters and Inscriptions of Hammurabi._ Three vols. L. W. +King, M.A. London, 1898-. + +K. P. See A. B. R. + +L. H. See K. L. H. + +H. A. P. _Beitraege zum altbabylonischen Privatrecht._ Dr. Br. Meissner. +Leipzig, 1893. + +P. S. B. A. _Proceedings of the Society of Biblical Archaeology._ London, +1872-. + +_Rev. Ass._ _Revue d'Assyriologie._ Professors J. Oppert and E. Ledrain. +Paris, 1884-. + +Z. A. _Zeitschrift fuer Assyriologie._ Professor C. Bezold. Leipzig, 1886-. + +Z. K. F. _Zeitschrift fuer Keilschriftforschung._ Professor C. Bezold. +Leipzig, 1884-. + +_Camb._, _Cyr._, _Dar._, _Ev. Mer._, _Nbd._, _Nbk._, _Nerig._, denote the +volumes of _Babylonische Texte_; _Inschriften von Cambyses_, _Cyrus_, +_Darius_, _Evil Merodach_, _Nabonidus_, _Nebuchodonosor_, _Neriglissar_, +pub. by Pater J. N. Strassmaier. Leipzig, 1887-. + +H denotes the text published in H. A. B. L. + +K denotes a text from Kouyunjik, now in the British Museum. + +S denotes a text at Constantinople, from Sippara. + +V. A. Th. denotes a text in the Berlin Museum. + +B, B1, B2 denote texts of the collections "from Warka," Bu. 88-5-12, and +Bu. 91-5-9. + + + + + +SOURCES AND BIBLIOGRAPHY + + +(M1) 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 +"travellers' tales" and misapprehensions. + +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 _Kurzgefaesster +Ueberblick ueber die babylonisch-assyrische Litteratur_,(6) 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. + +(M2) The division which is adopted in this work, "law, contracts, and +letters," is only conventional. The three groups have much that is common +and mutually supplement one another. Previous publications have often +treated them 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. + +(M3) 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 Hammurabi 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. + +(M4) 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. + +(M5) 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. + +(M6) The longest and by far the most important ancient code hitherto +discovered is that of Hammurabi (_circa_ 2250 B.C.). 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 "squeezes" by the process of photogravure, in the +fourth volume of the _Memoires de la Delegation en Perse_. 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. + +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 _Ebarra suati_, "this +Ebarra," which was the temple of Shamash at Sippara. At the head of the +obverse is a very interesting picture of Hammurabi 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 +his monument and respected his inscription, with the usual curses on those +who did the opposite.(7) 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. + +(M7) The whole of this inscription is not entirely new matter. The scribes +of Ashurbanipal 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 _Ninu ilu sirum_, 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 "image" of +Hammurabi. A number of fragments belonging to such copies by later scribes +were already published, by Dr. B. Meissner(8) and Dr. F. E. Peiser.(9) +These were further commented upon by Professor Fr. Delitzsch,(10) who +actually gave them the name "Code Hammurabi." Some of these fragments +enable us to restore one or two sections of the lost five columns. + +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. + +(M8) The publication of the Code naturally excited great interest among +scholars. It appeared in October, 1902, and, during the next month, Dr. H. +Winckler issued a German translation of the Code under the title, _Die +Gesetze Hammurabis Koenigs von Babylon um 2250 v. Chr. Das Aelteste +Gesetzbuch der Welt_, being _Heft 4_ of the fourth _Jahrgang_ of _Der alte +Orient_. 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 _Journal_. He further published a baldly +literal translation in February, 1903, entitled, _The Oldest Code of Laws +in the World_.(11) In the _Journal des Savants_ 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 +_Orientalistische Litteratur-Zeitung_ for January, 1903, Dr. H. Winckler, +reviewing the fourth volume of the _Memoires_, gave a useful account of +the Code comparing it with some of the previously published fragments. + +(M9) 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 _Babel und Bibel_, even before more +of the Code was known than the fragments from Nineveh. Dr. J. Jeremias has +published a small book called _Moses und Hammurabi_, in which he deals +with the relations pretty thoroughly. Professor C. F. Kent has also +examined them in his article entitled _The Recently Discovered Civil Code +of Hammurabi_, in _The Biblical World_ for March, 1903. Some remarks on +the subject are to be found in the _New York Independent_, December 11, +18, 1902, and January 8, 15, 22, 1903, accompanying a translation. All the +above follow Winckler's renderings. + +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. + +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. + +(M10) Among the treasures preserved in the library of Ashurbanipal 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 _Inscriptions of Western +Asia_, in Dr. P. Haupt's _Keilschrifttexten_, Vol. I. of the +_Assyriologische Bibliothek_, or in Dr. F. Hommel's _Sumerische +Lesestuecke_. 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.(12) + +(M11) The plan of the series to which most of these tablets belong is well +seen in Dr. Delitzsch's _Assyrische Lesestuecke_, fourth edition, pp. +112-14. The name by which the series is usually known, to which most of +these tablets belong, is the Semitic rendering of the first Sumerian +phrase given there, _ana ittisu_, "to his side." 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. "With him, with them, with me, with us, with +thee, with you," 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 "paradigms." + +(M12) 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 "Sumerian Family Laws" has been +given to certain sections.(13) Others seem to have been extracted from a +Sumerian work on agriculture, with which Hesiod's _Works and Days_ has +been compared. But at present we are not in possession of the complete +works from which these extracts are taken. + +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.(14) 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, "He fastens the buckets, suspends +the pole, and draws up the water." This is a vivid picture of the working +of a watering-machine, from which we learn its nature as we could not from +its name only.(15) + +(M13) 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 Ashurbanipal 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. + +(M14) To some extent the term "contracts," 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 "clay +money." These views were both partially true, but do not cover the whole +ground. + +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 "signed" 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. + +(M15) As to external form, most of those which may be called "deeds" +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 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 "case tablets." 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. + +In Assyrian times, few "case" 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. + +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 thus hung down, as in the case of many old +parchment deeds in Europe. + +(M16) 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 _in situ_, 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. + +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. + +(M17) 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. + +(M18) 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, 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. + +(M19) 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 _Documents Juridiques_ 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 _Aus Babylonischen Rechtsleben_ deals with the later Babylonian +documents as far as they throw light upon social life and custom. +Professor Sayce's _Babylonians and Assyrians_ makes large use of the data +given by the contracts. Dr. T. G. Pinches's _The Old Testament in the +Light of the Monuments of Assyria and Babylonia_ also gives a very full +account of what may be gleaned from them. The present writer's _Assyrian +Deeds and Documents_ 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. + +(M20) The material with which we have to deal, for the most part, falls +very naturally into epochs. The early 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. + +(M21) 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. + +(M22) 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. + +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. + +(M23) 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 B.C. 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 _Early Babylonian History_. + +Some very ancient documents fall under this period. The early tablets +which show the nearest approach to the original picture-writing(16) 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(17) deals with the sale of plots of +land. Others will be found in the _Memoires de la Delegation en Perse_. + +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. + +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 +_Tempelurkunden aus Telloh_.(18) The admirable abstracts of the contents +there given(19) 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. + +Dr. H. Radau, in his _Early Babylonian History_, gives the texts of a +large number of similar tablets.(20) 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.(21) 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. + +M. Thureau-Dangin edited and discussed a number of tablets of the same +character in the _Revue d'Assyriologie_.(22) Especially valuable is his +memoir, _L'accomptabilite agricole en Chaldee_,(23) where many interesting +facts are collected and published. + +(M24) A very large number of texts of this period were published by Mr. L. +W. King, in _Cuneiform Texts from Babylonian Tablets, etc., in the British +Museum_.(24) 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 "contracts," but it is difficult to see +to which the term could be properly applied. + +A number of extracts from early "contracts" are given by Professor V. +Scheil in the recent files of the _Receuil de Travaux_. According to the +descriptions given, many of them are legal instruments. Besides advances +of grain and receipts for the same,(25) or sales of land,(26) we have a +legal decision concerning a marriage.(27) 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 _Une +Saison de fouilles a Sippar_. Valuable as are the portions available, they +chiefly make us long for more. + +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 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. + +(M25) 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. + +In the British Museum we have the following collections: + +I. A number of "case" tablets brought from Tell Sifr by Loftus in 1850. +Owing to a misleading statement in Layard's _Nineveh and Babylon_, p. 496, +these have generally been taken to be from Warka, the ancient Erech. But +the account given on pages 270-72 of Loftus, _Travels and Researches __ in +Chaldea and Susiana_, leaves no doubt of the place and date of their +discovery. These are usually denoted by B. + +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 "not from Kouyunjik." + +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. + +IV. The collection 82-7-14 also has a few tablets of this period. + +V. The collection 82-9-18 has at least one contract. + +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 _b.c._ 2300 to the time of Darius. These will be +denoted by B1. + +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 B2. + +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. + +(M26) 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 _Decouvertes en +Chaldee_.(28) + +(M27) At the Berlin Museum is a collection known by the name of Homsy. + +The tablets are marked V. A. Th., but this mark includes other tablets +widely separated in date and found at different sites. + +(M28) At the University of Pennsylvania collections known as J. S., Kh., +and H. contain tablets of this period. Professor E. F. Harper, writing in +_Hebraica_,(29) gives some account of these collections; from which it +appears that the J. S. collection contains tablets of Hammurabi, +Samsuiluna, and Ammiditana; while the Kh. collection has tablets of +Hammurabi, Samsuiluna, Ammiditana, and Ammizaduga. He announced the +discovery of the name of Abeshu on contemporary documents,(30) 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. + +(M29) 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. + +A few tablets are owned by Sir Henry Peek, Bart. + +A few tablets exist in the Fitzwilliam Museum at Cambridge, the gift of +Mr. Bosanquet. + +The Rev. J. G. Ward possesses a tablet, published by Dr. T. G. Pinches in +_P. S. B. A._, XXI., pp. 158-63, of the time of Mana-balte-el, which seems +to be of this period. + +A number of other tablets of the period are known to be in different +museums or in the hands of private individuals. + +(M30) The historical value of the events used in dating these tablets was +recognized by G. Smith, who published the dates of a number of the Loftus +tablets, in the fourth volume of the _Cuneiform Inscriptions of Western +Asia_, p. 36. + +The earliest publication of the texts was by Pater J. N. Strassmaier in +the _Verhandlungen des V Internationalen Orientalistischen Congresses zu +Berlin_, 1881. In the _Beilage_ he gave the lithographed text of one +hundred and nine tablets under the title of _Die altbabylonischen Vertraege +aus Warka_. 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. + +This edition formed the subject of M. V. Revillout's article, _Une Famille +commercant de Warka_, and of numerous articles by other scholars in the +journals. Dr. B. Meissner seems to have collated a number of these texts +for his _Beitraege zum altbabylonischen Privatrecht_. + +In 1888, Dr. T. G. Pinches published _Inscribed Babylonian Tablets in the +possession of Sir Henry Peek, Bart._ It was followed by other parts and by +_Babylonian and Assyrian Cylinder-seals and Signets in the possession of +Sir Henry Peek, Bart._, 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. + +In 1893 Dr. B. Meissner published his invaluable _Beitraege __ zum +altbabylonischen Privatrecht_, Vol. XI. of Delitzsch and Haupt's +_Assyriologische Bibliothek_. 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. + +In the fourth volume of Schrader's _Keilinscriftliche Bibliothek_, 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. + +In 1896 began the grand series of publications, _Cuneiform Texts from +Babylonian Tablets, etc., in the British Museum, printed by order of the +Trustees_, 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 B1 and B2 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. + +In the _Journal of the Royal Asiatic Society_,1897(31) and 1899,(32) Dr. +T. G. Pinches gives transliterations, translations, and comments upon +fifteen of these texts. + +A word of notice must be given to the excellent Guides published by the +trustees of the British Museum. The _Guide to the Kouyunjik Gallery_, with +four autotype plates, 1885, and the _Guide to the Nimroud Central Saloon_ +are now superseded by the _Guide to the Babylonian and Assyrian +Antiquities_ 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 +_Cuneiform Texts_, but are now indicated by their new registration +numbers. + +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. + +(M31) The years were given names. Thus the second year of Hammurabi is +called "the year in which Hammurabi the king established the heart of the +land in righteousness." 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 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. + +(M32) The tablets often mention the name of the reigning king as well as +the year-name; thus we read as a date, "the year when Samsuiluna was +king," followed by "the year in which the canal of Samsuiluna named +Hegallu was dug," 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 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.(33) + +(M33) 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 _C. T. VI._ 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 _Letters of Hammurabi_ 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 _Chronicle of the Kings of Babylon_. In the meantime +Professor A. H. Sayce had given a translation of the first published +list.(34) In the fourth volume of the _Beitraege zur semitischen +Sprachwissenschaft_,(35) 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 Hammurabi and +Samsuiluna.(36) 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 so far as +they go, they must take the precedence of the King List, being almost +contemporary documents. + +(M34) 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 Nur-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.(37) +The date on the tablet B. 34a refers to the setting-up of a throne for +Shamash by Nur-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 Nur-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 Hammurabi, from the seventeenth year of +Sin-mubalit until the thirty-first of Hammurabi. Whether Sin-idinnam was +then restored to his throne as vassal of Hammurabi, 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. + +(M35) 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, 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.(38) The first year of this era was probably the seventeenth year of +Sin-mubalit. + +(M36) A king Immeru is mentioned,(39) usually alone, but once with +Sumu-la-ilu;(40) where the form of the oath, "by Shamash and Immerum, by +Marduk and Sumu-la-ilu," suggests that while Sumu-la-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, B1, B2, and V. A. Th., seem, on other grounds, +to have come. That it was needful to name Sumu-la-ilu also points to that +king being overlord of Sippara at the time. + +The king Ilu-ma-ilu, named(41) in the oaths, associated with Shamash, may +well be a vassal king of Sippara, though Professor Delitzsch(42) 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). + +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. + +The king Bungunu-ilu, mentioned by King,(43) was associated with +Sumu-la-ilu. Probably he was vassal king of Sippara before Immeru. + +(M37) A number of extracts from the legal documents of the third period +have been given by Father V. Scheil in the _Receuil __ de Travaux_.(44) +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. + +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.(45) The text of several was published by Dr. +C. W. Belser,(46) under the title _Babylonische Kudurru-inschriften_. Some +of these are transliterated and translated in Schrader's _Keilschriftliche +Bibliothek_,(47) 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. + +Some of the best examples are found in the second volume of the _Memoires +de la Delegation en Perse_, beautifully reproduced by photogravure, +admirably transliterated and translated by Professor V. Scheil. Some fine +examples are also to be found in _Cuneiform Texts from Babylonian Tablets, +etc., in the British Museum_.(48) + +Of the time of Marduk-shum-iddin, B.C. 853-833, we have a black +boundary-stone, published by Dr. F. E. Peiser, in _Keilschriftliche +Acten-stuecke_, No. 1. It is dated in the twenty-eighth year of the reign +of Nabu-aplu-iddina, _circa_ B.C. 858, and the eleventh year of +Marduk-shum-iddina, _circa_ B.C. 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. + +(M38) The Cappadocian tablets are still somewhat of a problem. The first +notice of them was given by Dr. T. G. Pinches.(49) 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 Golenischeff 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(50) made a most +valuable study of them, and laid the foundation for their thorough +understanding. Professor P. Jensen(51) added greatly to our knowledge of +their reading and interpretation. Dr. F. E. Peiser then(52) gave a +transcription and translation of nine texts of contracts. + +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 +discovery of many more of them at Boghaz Keui, Kara Eyuk, and elsewhere +published by Professor V. Scheil in the _Memoires de la Mission en +Cappadoce par Ernest Chantre_, and commented on by M. Boissier,(53) make +it certain that they are from this region. + +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. + +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. + +(M39) The Elamite contract-tablets were found at Susa and are published by +Professor V. Scheil in Tome IV. of the _Memoires de la Delegation en +Perse_.(54) + +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. + +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. + +(M40) The legal documents of Assyria are in many respects a separate +group. They are sometimes said to have come from the library of +Ashurbanipal, 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 _Gebete an den Sonnengott_, 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 +Ashurbanipal. 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 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. + +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. + +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. + +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. + +(M41) 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 _Assyrian and Babylonian Contracts with Aramaic Reference Notes_, +where references to the literature will be found. + +(M42) In connection with these Aramaic legends a number of the texts of +Assyrian contracts were published in the _Corpus Inscriptionum +Semiticarum_, _Pars Secunda_, _Tomus I_. A number more were published in +Vol. III. of the _Cuneiform Inscriptions of Western Asia_, 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, _Documents +Juridiques_; by Peiser, in Vol. IV. of Schrader's _Keilinschriftliche +Bibliothek_; and by Strassmaier in his _Alphabetisches Verzeichnis_. The +whole of the texts of the Assyrian contracts from the Kouyunjik +Collections in the British Museum are now published in _Assyrian Deeds and +Documents recording the Transfer of Property, etc._ (three volumes +published).(55) A bibliography will be found there, on page ix of the +preface to Vol. I. + +(M43) 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 citizens in Assyria at this time were quite +different. A few such documents exist. Professor V. Scheil, in the +_Receuil de Travaux_,(56) published the text of four which are quite +unlike any of the Kouyunjik examples. + +(M44) In _Assyrian Deeds and Documents_ 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. + +(M45) 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. They refer to +transactions in the reigns of Shalmaneser IV., Sargon II., +Merodach-baladan II., Sennacherib, Esarhaddon, Shamash-shum-ukin, +Kandalanu, Ashur-etil-ilani, and Sin-shar-ishkun. In style they belong to +the next epoch. + +(M46) 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 _Babylonische Texte_. Dr. Peiser published +many more in his _Keilinschriftliche Acten-stuecke and Babylonische +Vertraege_. 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. + +(M47) 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 B.C. 82. The list will +be found in the Appendix. + +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. + +(M48) 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 _Kurzgefasster +Ueberblick_. + +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. + +The publications, where accompanied by translations, have generally given +some classification. Dr. Peiser, in the fourth volume of Schrader's +_Keilinschriftliche Bibliothek_, gives most suggestive indexes.(57) Dr. +Tallqvist, in his _Sprache der Contrakte Nabuna'id's_ gives a very +valuable classification.(58) Dr. Meissner classified his texts in +_Altbabylonische Privatrecht_. + +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. + +(M49) Of great importance are Dr. F. E. Peiser's _Jurisprudentiae +Babylonicae quae supersunt, Coethen_, 1890 (Inaug. Diss.); Dr. B. Meissner's +_De Servitute babylonico-assyriaca_, Leipzig, 1882 (Inaug. Diss.); and Dr. +V. Marx, _Die Stellung der Frauen in Babylonien (Nebuchadnezzar to Darius +__B.C.__ 604-485)_ published in the _Beitraege zur Assyriologie_, 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. + +On the whole subject of social life, as illustrated by these contracts, +there is a valuable study by Dr. F. E. Peiser, called _Skizze der +Babylonischen Gesellschaft_.(59) Professor Sayce's _Babylonians and +Assyrians_ in the _Semitic Series_, 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. + + + + + +LAWS AND CONTRACTS + + + + +I. The Earliest Babylonian Laws + + +(M50) 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, "As yet there was no +law." 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. + +(M51) But the question remained, Was it "right" or "law"? 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 "law" had +been freely applied. But there was no known ascription of any law to a +definite legislator. There was no word for "law," only the terms +"judgments," "right," and "wrong." 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 "right." + +(M52) We definitely know of one great code of laws, that of Hammurabi, 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. + +(M53) For the Code of Hammurabi 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 "right" what was now made "law." 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. + +(M54) 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 _ana ittisu_, +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 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 _ana ittisu_, Col. III. l. 22 +to Col. IV. l. 22, gives the seven following laws: + +(M55) + + + I. If a son has said to his father, "You are not my father," he + may brand him, lay fetters upon him, and sell him. + + +It may be doubted whether this applies to any but adopted sons. "You shall +not be my father" is a possible rendering. But the phrase may only refer +to rebellious conduct. The word rendered "brand" has often been taken to +mean "shave." 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 "branding" cattle and it implies cutting or incision. +It may mean a tattooed mark. The word rendered "fetter" 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. + +(M56) + + + II. If a son has said to his mother, "You are not my mother," one + shall brand his forehead, drive him out of the city, and make him + go out of the house. + + +Here the same ambiguity about branding is found. Some take the word +rendered "forehead" to mean the hair of the head. His head would then be +shaved. "To go out from the house" means "to be cut off from kith and +kin." 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. + +(M57) + + + III. If a father has said to his son, "You are not my son," he + shall leave house and yard. + + +Here the father has power to repudiate a son, who must go. The word for +"leave" is literally "take himself up," "go up out of." The word "yard" is +simply "inclosure" and may mean the city walls, as a symbol of shelter. + +(M58) + + + IV. If a mother has said to her son, "You are not my son," he + shall leave house and property. + + +Here we expect, by analogy with Laws I. and II., that this penalty is +rather less than that in III. The "property" means "house furniture." 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. + +(M59) + + + V. If a wife hates her husband and has said, "You are not my + husband," one shall throw her into the river. + + +(M60) + + + VI. If a husband has said to his wife, "You are not my wife," he + shall pay half a mina of silver. + + +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. + +(M61) + + + 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 _KA_ of corn _per diem_ as his wages. + + +Here the Sumerian text differs from the Semitic. In the former the +employer is said to "cause" the slave to suffer these detriments, in the +latter he is said to come by them. The verb rendered "lost" is used in +that sense in the later Code of Hammurabi. What is the exact sense of the +verb rendered "has been incapacitated" is not clear. Professor Hommel(60) +renders _durchbrennen_, Delitzsch(61) renders _weichen, entweichen, oder +zu arbeiten aufhoeren_. 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. + +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 Hammurabi, +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. + + + + +II. The Code Of Hammurabi + + +(M62) § 1. If a man has accused another of laying a _nertu_ (death spell?) +upon him, but has not proved it, he shall be put to death. + +§ 2. If a man has accused another of laying a _kispu_ (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. + +(M63) § 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. + +(M64) § 4. If he has borne false witness in a civil law case, he shall pay +the damages in that suit. + +(M65) § 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. + +(M66) § 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. + +(M67) § 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. + +(M68) § 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 plebeian, +he shall return tenfold. If the thief cannot pay, he shall be put to +death. + +(M69) § 9. If a man has lost property and some of it be detected in the +possession of another, and the holder has said, "A man sold it to me, I +bought it in the presence of witnesses"; and if the claimant has said, "I +can bring witnesses who know it to be property lost by me"; 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. + +§ 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. + +§ 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. + +§ 12. If the seller has in the meantime died, the buyer shall take from +his estate fivefold the value sued for. + +(M70) § 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. + +(M71) § 14. If a man has stolen a child, he shall be put to death. + +(M72) § 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. + +(M73) § 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. + +(M74) § 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. + +§ 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. + +§ 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. + +§ 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. + +(M75) § 21. If a man has broken into a house he shall be killed before the +breach and buried there. + +(M76) § 22. If a man has committed highway robbery and has been caught, +that man shall be put to death. + +§ 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. + +§ 24. If a life [has been lost], the city or district governor shall pay +one mina of silver to the deceased's relatives. + +(M77) § 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. + +(M78) § 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. + +§ 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. + +(M79) § 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. + +§ 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. + +(M80) § 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. + +§ 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. + +(M81) § 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. + +(M82) § 33. If either a governor or a prefect has appropriated to his own +use the corvee, 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. + +(M83) § 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. + +(M84) § 35. If a man has bought from a levy-master the sheep, or oxen, +which the king gave him, he shall lose his money. + +§ 36. The field, garden, or house, of a levy-master, warrant-officer, or +tributary shall not be sold. + +§ 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. + +(M85) § 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. + +§ 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. + +(M86) § 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. + +(M87) § 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. + +(M88) § 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. + +§ 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. + +(M89) § 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 _GUR_ of +corn for each _GAN_ of land. + +(M90) § 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. + +§ 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. + +(M91) § 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. + +(M92) § 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. + +(M93) § 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, +"Cultivate the field and reap and take the corn, or sesame, that shall be +grown"; if the bailiff has reared corn, or sesame, in the field, at +harvest-time the owner of the field shall take what corn, or 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. + +§ 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. + +§ 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. + +§ 52. If the bailiff has not reared corn or sesame in the field the +debtor's obligation shall not be lessened. + +(M94) §§ 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. + +(M95) § 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. + +§ 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 _GUR_ of corn for each +_GAN_ of land. + +(M96) § 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 _GUR_ of corn for each _GAN_ of land. + +§ 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 _GUR_ of corn for each _GAN_ of land. + +(M97) § 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. + +(M98) §§ 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. + +§ 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 (_i.e._, make it into a garden), +and return it to the owner of the field. + +§ 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 _GUR_ of corn for each _GAN_. + +(M99) § 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. + +§ 65. If the gardener has not tilled the garden and has diminished the +yield, the gardener shall pay an average rent. + +Here came the five erased columns, of which the three following sections +are restored from copies in Ashurbanipal's library: + +(M100) § X. [If a man has borrowed money of a merchant and has given a +date grove] to the merchant and has said to him, "Take the dates that are +in my grove for your money"; 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. + +(M101) § 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 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. + +(M102) § 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. + +After the loss of about thirty-five sections the Code resumes: + +(M103) § 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. + +§ 101. If he has not had success on his travels, he shall return double +what he received to the merchant. + +(M104) §§ 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. + +(M105) § 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. + +§ 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. + +(M106) § 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. + +(M107) § 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. + +(M108) § 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. + +(M109) § 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. + +(M110) § 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. + +(M111) § 111. If the mistress of a beer-shop has given sixty _KA_ of +_sakani_ beer in the time of thirst, at harvest, she shall take fifty _KA_ +of corn. + +(M112) § 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. + +(M113) § 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. + +(M114) § 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. + +(M115) § 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. + +§ 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. + +(M116) § 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. + +§ 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. + +§ 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. + +(M117) § 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. + +(M118) § 121. If a man has stored corn in another man's house he shall +give, on each _GUR_ of corn, five _KA_ of corn, yearly, as the rent for +storage. + +(M119) § 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. + +§ 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. + +(M120) § 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. + +(M121) § 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. + +(M122) § 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. + +(M123) § 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. + +(M124) § 128. If a man has taken a wife and has not executed a +marriage-contract, that woman is not a wife. + +(M125) § 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. + +(M126) § 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. + +(M127) § 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. + +(M128) § 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. + +(M129) § 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. + +§ 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. + +§ 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. + +(M130) § 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. + +(M131) § 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. + +(M132) § 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. + +§ 139. If there was no bride-price, he shall give her one mina of silver, +as a price of divorce. + +§ 140. If he be a plebeian, he shall give her one-third of a mina of +silver. + +(M133) § 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, "I +divorce her," she shall go her way; he shall give her nothing as her price +of divorce. If her husband has said, "I will not divorce her," he may take +another woman to wife; the wife shall live as a slave in her husband's +house. + +(M134) § 142. If a woman has hated her husband and has said, "You shall +not possess me," 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. + +§ 143. If she has not been discreet, has gone out, ruined her house, +belittled her husband, she shall be drowned. + +(M135) § 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. + +§ 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. + +(M136) § 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. + +§ 147. If she has not borne children, her mistress shall sell her. + +(M137) § 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. + +§ 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. + +(M138) § 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. + +(M139) § 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. + +§ 152. From the time that that woman entered into the man's house they +together shall be liable for all debts subsequently incurred. + +(M140) § 153. If a man's wife, for the sake of another, has caused her +husband to be killed, that woman shall be impaled. + +(M141) § 154. If a man has committed incest with his daughter, that man +shall be banished from the city. + +(M142) § 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. + +§ 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. + +(M143) § 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. + +(M144) § 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. + +(M145) § 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, "I will not +marry your daughter"; the father of the girl shall keep whatever he has +brought as a present. + +(M146) § 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, "I will not give you my daughter," the father shall +return double all that was presented him. + +(M147) § 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, "You shall not +marry my daughter," [the father] shall return double all that was +presented him. Further, the comrade shall not marry the girl. + +(M148) § 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. + +§ 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. + +§ 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. + +(M149) § 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. + +(M150) § 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. + +(M151) § 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. + +(M152) § 168. If a man has determined to disinherit his son and has +declared before the judge, "I cut off my son," 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. + +§ 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. + +(M153) § 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, "My sons," 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. + +§ 171. And if the father, in his lifetime, has not said, "My sons," 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. + +(M154) 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. + +§ 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. + +(M155) 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 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. + +(M156) § 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. + +§ 174. If she has not borne children to her later husband, the children of +her first husband shall take her marriage-portion. + +(M157) § 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. + +§ 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. + +(M158) § 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. + +(M159) § 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 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. + +(M160) § 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. + +(M161) § 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. + +(M162) § 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. + +(M163) § 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. + +(M164) § 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. + +(M165) § 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 +marriage-portion, according to the wealth of her father's estate, and +shall give her to a husband. + +(M166) § 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. + +(M167) § 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. + +§ 187. The son of a royal favorite, of one that stands in the palace, or +the son of a votary shall not be reclaimed. + +(M168) §§ 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. + +(M169) § 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. + +(M170) § 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. + +(M171) § 192. If the son of a palace favorite or the son of a vowed woman +has said to the father that brought him up, "You are not my father," or to +the mother that brought him up, "You are not my mother," his tongue shall +be cut out. + +§ 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. + +(M172) § 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. + +(M173) § 195. If a son has struck his father, his hands shall be cut off. + +(M174) § 196. If a man has knocked out the eye of a patrician, his eye +shall be knocked out. + +§ 197. If he has broken the limb of a patrician, his limb shall be broken. + +§ 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. + +§ 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. + +§ 200. If a patrician has knocked out the tooth of a man that is his +equal, his tooth shall be knocked out. + +§ 201. If he has knocked out the tooth of a plebeian, he shall pay +one-third of a mina of silver. + +(M175) § 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. + +§ 203. If a man has smitten the privates of a patrician of his own rank, +he shall pay one mina of silver. + +§ 204. If a plebeian has smitten the privates of a plebeian, he shall pay +ten shekels of silver. + +§ 205. If the slave of anyone has smitten the privates of a free-born man, +his ear shall be cut off. + +(M176) § 206. If a man has struck another in a quarrel, and caused him a +permanent injury, that man shall swear, "I struck him without malice," and +shall pay the doctor. + +§ 207. If he has died of his blows, [the man] shall swear [similarly], and +pay one-half a mina of silver; or, + +§ 208. If [the deceased] was a plebeian, he shall pay one-third of a mina +of silver. + +(M177) § 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. + +§ 210. If that woman die, his daughter shall be killed. + +§ 211. If it be the daughter of a plebeian, that has miscarried through +his blows, he shall pay five shekels of silver. + +§ 212. If that woman die, he shall pay half a mina of silver. + +§ 213. If he has struck a man's maid and caused her to miscarry, he shall +pay two shekels of silver. + +§ 214. If that woman die, he shall pay one-third of a mina of silver. + +(M178) § 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. + +§ 216. If it be plebeian, he shall take five shekels of silver. + +§ 217. If it be a man's slave, the owner of the slave shall give two +shekels of silver to the surgeon. + +(M179) § 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. + +§ 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. + +§ 220. If he has removed a cataract with the bronze lancet, and made the +slave lose his eye, he shall pay half his value. + +(M180) § 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. + +§ 222. If he be a plebeian, he shall pay three shekels of silver. + +§ 223. If he be a man's slave, the owner of the slave shall give two +shekels of silver to the doctor. + +(M181) § 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. + +§ 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. + +(M182) § 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. + +§ 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, "I did not mark him knowingly," and shall go +free. + +(M183) § 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 _SAR_ built on. + +§ 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. + +§ 230. If it is the owner's son that is killed, the builder's son shall be +put to death. + +§ 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. + +§ 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. + +§ 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. + +(M184) § 234. If a boatman has built a boat of sixty _GUR_ for a man, he +shall pay him a fee of two shekels of silver. + +§ 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. + +(M185) § 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. + +(M186) § 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. + +§ 238. If a boatman has sunk a man's boat, and has floated it again, he +shall pay half its value in silver. + +§ 239. If a man has hired a boatman, he shall pay him six _GUR_ of corn +yearly. + +(M187) § 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. + +(M188) § 241. If a man has levied a distraint on a working ox, he shall +pay one-third of a mina of silver. + +(M189) § 242. If a man has hired a working ox for one year, its hire is +four _GUR_ of corn. + +§ 243. As the hire of a milch cow one shall give three _GUR_ of corn to +its owner. + +(M190) § 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. + +(M191) § 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. + +§ 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. + +§ 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. + +(M192) § 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. + +§ 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. + +(M193) § 250. If a bull has gone wild and gored a man, and caused his +death, there can be no suit against the owner. + +(M194) § 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. + +§ 252. If it be a slave that has been killed, he shall pay one-third of a +mina of silver. + +(M195) § 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. + +§ 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. + +§ 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 _GUR_ of corn for each _GAN_. + +§ 256. If he is not able to pay his compensation, he shall be torn in +pieces on that field by the oxen. + +(M196) § 257. If a man has hired a field-laborer, he shall pay him eight +_GUR_ of corn yearly. + +§ 258. If anyone has hired an ox-herd he shall pay him six _GUR_ of corn +yearly. + +(M197) § 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. + +§ 260. If a man has stolen a _shadduf_, or a plough, he shall pay three +shekels of silver. + +(M198) § 261. If a man has hired a herdsman, to pasture oxen, or sheep, he +shall pay him _eight GUR_ of corn yearly. + +(M199) § 262. If a man has intrusted ox or ass to ... [Passage mutilated.] + +§ 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. + +§ 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. + +§ 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. + +§ 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. + +§ 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. + +(M200) § 268. If a man has hired an ox, for threshing, its hire is twenty +_KA_ of corn. + +§ 269. If he has hired an ass, for threshing, its hire is ten _KA_ of +corn. + +§ 270. If he has hired a young animal, for threshing, its hire is one _KA_ +of corn. + +(M201) § 271. If a man has hired oxen, a wagon, and its driver, he shall +pay one hundred and sixty _KA_ of corn daily. + +§ 272. If a man has hired the wagon alone, he shall pay forty _KA_ of corn +daily. + +(M202) § 273. If a man has hired a laborer from the beginning of the year +to the fifth month, he shall pay six _SE_ of silver daily; from the sixth +month to the close of the year, he shall pay five _SE_ of silver daily. + +(M203) § 274. If a man has hired an artisan, he shall pay as his daily +wages, to a ... five _SE_ of silver, to a potter five _SE_ of silver, to a +tailor five _SE_ of silver, to a stone-cutter ... _SE_ of silver, to a ... +_SE_ of silver, to a ... _SE_ of silver, to a carpenter four _SE_ of +silver, to a rope-maker four _SE_ of silver, to a ... _SE_ of silver, to a +builder ... _SE_ of silver. + +(M204) § 275. If a man has hired a boat, its hire is three _SE_ of silver +daily. + +§ 276. If he has hired a fast boat he shall pay two and a half _SE_ daily. + +§ 277. If a man has hired a ship of sixty _GUR_ he shall pay one-sixth of +a shekel of silver daily for its hire. + +(M205) § 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. + +§ 279. If a man has bought a male or female slave and a claim has been +raised, the seller shall answer the claim. + +(M206) § 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. + +(M207) § 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. + +(M208) § 282. If a slave has said to his master, "You are not my master," +he shall be brought to account as his slave, and his master shall cut off +his ear. + +(M209) 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 "shall" 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 "shall" is only permissive, as when the Code says +a widow "shall" marry again. There is no proof that the jury decided only +facts and found the prisoner guilty or not, leaving the judge no 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. + + + + +III. Later Babylonian Law + + +(M210) Very little is yet known regarding later Babylonian law. Dr. F. E. +Peiser published in the _Sitzungsberichte der Koenigliche Akademie der +Wissenschaften zu Berlin_ (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 Hammurabi. Dr. Peiser thought that the date was the second year of +Ashurbanipal, king of Babylon. This seems rather unlikely, but may, of +course, be true. + +In his inaugural dissertation, Dr. Peiser, under the title of +_Jurisprudentiae Babylonicae quae supersunt_, 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. + +As specimens of these laws we may take the following: + +(M211) + + + Law A. [Col. II. 4-14.] + + 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. + + +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. + +(M212) + + + Law B. [Col. II. 15-23.] + + 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. + + +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 _sartu_, or "vice," +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. + +The next law is unintelligible at present, owing to the _lacunae_, 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. + +(M213) + + + Law C. [Col. III. 3-15.] + + 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 + (_nusurru_), which he had promised his son by deed, to the + father-in-law, and deliver it. + + +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 _terhatu_, or "bride-price" 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 _nudunnu_, in +the Code it was _seriktu_, while _nudunnu_ was the husband's gift to the +wife. + +(M214) + + + Law D. [Col. III. 16-22.] + + 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. + + +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 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. + +(M215) + + + Law E. [Col. III. 23-31.] + + 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. + + +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. + +(M216) + + + Law F. [Col. III. 32-37.] + + 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. + + +Exactly as in the Code, § 163. + +The first seven lines of Col. IV. are too fragmentary to give a connected +sense, but are still concerned with the marriage-portion. + +(M217) + + + Law G. [Col. IV. 8-24.] + + 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. + + +It is noteworthy that in the above laws the old usage is reversed. Now the +_nudunnu_ is the marriage-portion, given with the bride, and the _seriktu_ +is the husband's assignment to the wife. With this alteration the law +agrees with the Code, § 171. But there she has a family. + +(M218) + + + Law H. [Col. IV. 25-45.] + + 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.... + + +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. + +(M219) + + + Law K. [Col. V. 33-46.] + + 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.... + + +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. + + + + +IV. The Social Organization Of The Ancient Babylonian State + + +(M220) The State appears in the light of the Hammurabi Code to have been +composed of three great classes, the _amelu_, the _muskenu_, and the +_ardu_. 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 "eye for eye, +tooth for tooth" 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 Hammurabi'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 _muskenu_ was more "humble," 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,(62) and seems to have been +liable to conscription. His fees to a doctor or surgeon were less than +those paid by an _amelu_. He paid less to his wife for a divorce,(63) and +could assault another poor man more cheaply than could an _amelu_. There +can be no doubt that the _amelu_ was the "gentleman" or "nobleman," and +the _muskenu_ a common man, or poor man. But the exact force of the terms +is uncertain. + +In process of time _amelu_ came to be used, like our "sir," and even +"esquire," of those who had no special qualifications for the title. Like +the "gentleman's gentleman" of the servant's hall, he was only a +respectable person. So, even in the Code, _amelu_ usually means no more +than "man." It already appears as a mere determinative of personality in +the titles of laborers and artisans,(64) 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. + +There is no suggestion of any legal disability on the part of a _muskenu_; +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. + +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,(65) 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.(66) Any injury done to him was +paid for, and his master received the damages.(67) 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.(68) But his master had to pay for his cure, if +sick.(69) He was not free to contract, except by deed and bond.(70) Yet he +and his free wife could acquire property, half of which would fall to his +wife and children on his death. + +(M221) The Code reveals the existence of a class of men, who were indeed +known from the letters of Hammurabi and the contemporary contracts, but +whose functions are not easy to fix. They were the _rid sabi_ and the +_ba´iru_. By their etymology these titles seemed to mean "slave-driver," +and "catcher." 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 +"levy-master" and "warrant-officer" are suggestive renderings. For the +former official, "taskmaster," the one over the gang of forced laborers +and reminiscent of the old time press-gang officers, is a fair +translation. "Field cornet" would perhaps suit the military side. For some +aspects of their office the ancient "reeve" may be compared. Whether the +"catcher" 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 "fishermen," who were "catchers" in another sense, and of +hunters. A really satisfactory rendering is impossible, as we have now no +officials whose duties actually correspond to theirs. + +(M222) 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 +personal service. They were to go "on the king's errand" when ordered. It +was a penal offence to send a substitute.(71) 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.(72) This implies that there was a local duty besides the personal +service. Further, this needed a grown man to discharge it.(73) The _locum +tenens_ enjoyed the benefice,(74) 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.(75) This came about +by his absence giving the _locum tenens_ 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.(76) + +(M223) The service on which the official might be engaged was evidently +military and had risks. It is not certain whether the _dannatu_(77) is +really a "fortress," or a "defeat." 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. + +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. + +(M224) In some cases the tributary there is associated with these 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. + +(M225) 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.(78) The merchant, who +represents another class, appears very often to have been a foreigner, +only temporarily resident in the country. + +(M226) 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 "bride-house" of +Shamash. She was given a portion, exactly like a bride, on taking her vow +and becoming the "bride" 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 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.(79) + +(M227) 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 "merchant" and "creditor" are +interchangeable. A man is usually said to borrow of "his merchant," as we +say "of his banker." 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 _commenda_ 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. + + + + +V. Judges, Law-Courts, And Legal Processes + + +(M228) 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 "assembled the city" to hear the case. In Babylonia the maxim, +_littera scripta manet_, 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. + +(M229) 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 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. + +(M230) 1. *Judges.* 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. + +(M231) Some sections deal explicitly with the duties of a judge. Thus,(80) +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, +_kussu daianutisu_, and no longer be permitted to sit with the judges. It +is, of course, assumed that when 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. + +He had to consider the words of the witnesses, _amatisunu amaru_, +literally, "to see their words," perhaps implying that the depositions +were written, but there are instances where _amaru_ simply means "to +consider."(81) + +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.(82) In later times we have many examples +of such a stay of process that evidence might be produced.(83) + +(M232) 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.(84) A slanderer was summoned before +the judge,(85) a son could not be cut off without referring the case to a +judge,(86) the children who wished to turn their widowed mother out of her +house had to appear before a judge.(87) + +(M233) 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 +"judge." That the priests were judges is quite unproved. 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. + +(M234) The judge was a professional man. We often find a man, bearing the +title "judge," 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, "the king's judges." On the other hand, there is clear evidence of +the office being hereditary. Thus, Ibik-Anunitum 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.(88) + +(M235) Though many high officials acted as judges, and so doing are named +before the simple "judge," there is no evidence of the existence of any +"chief judge." 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 +"chief judge" for Sumerian times. In the later Assyrian period the +chief-justice was called _sartenu_, evidently because he fixed the +_sartu_, or fine, on the condemned party. Then also many high officials +acted as judges.(89) + +(M236) 2. *Scribes.*--The scribe exercised his craft as a profession. One +often meets with a scribe, _tupsarru_, 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 +recorded, for he often omits his title. Generally he is the last of the +witnesses, but not always so. + +(M237) 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. + +(M238) 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 _tupsarru_ is +given, is the feminine determinative prefixed to that. We have, however, +ten clear examples. + +In the later times the scribe usually was a man, but female scribes are +known.(90) The Aramaic scribe is often named, also the Egyptian. The +scribe usually "held" the agreement, which probably means that the parties +were willing to leave it in his safe-keeping. + +(M239) 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. + +(M240) The scribe was not a priest. There is no evidence whatever that +either priests were all scribes, or could all write, 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 _amelu_ RID, whose title can be +read _sangu_, 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. + +(M241) 3. *Witnesses.*--The word used to designate a witness is _sibu_, +which denotes those who are "gray-headed," but it is not certain that it +can have no other meaning. It may mean those who were "present." In actual +use we can distinguish three classes of persons to whom the term "witness" +can be applied. + +(M242) First we have the elders, the _sibu_, of a city.(91) 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 _puhru_, or +"assembly," in whose presence a man was scourged,(92) from which a +prevaricating judge was expelled.(93) They may have been nominated, or at +least approved, by the king; for we read of _sibe sarri_. They were not +exclusively men, for we have _sibe u sibatu_.(94) The recurrence of the +same names, at the same dates, indicates that a body of official witnesses +were held in readiness to act on such occasions. Many of them were temple +officials, or members of the guild of Shamash votaries. + +(M243) Sometimes they are associated with the judges in such a way as to +show that they were assessors.(95) They included judges sometimes, at any +rate "this witness" is attached to a list of names which included a +_nagiru_ of Babylon, a judge, and other high officials.(96) In the time of +Nur-Adadi they sent a case before the king.(97) They actually gave +judgment.(98) 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. + +(M244) 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 +_sibi mudi_, "the witnesses that know," who seem to resemble very closely +the Greek _Histores_. 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.(99) + +(M245) 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 _mukinnu_, "the establishers." 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 above do +not hold. Whether the term _sibu_ was ever applied to the third class is +doubtful. Their names are usually preceded by the sign which means +"before," however it was read. + +(M246) 4. *Cases of dispute settled out of court.*--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, _duppu la ragami_. 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 "out of court." 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,(100) 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. + +(M247) When the intervention of a judge was deemed essential, one of the +parties "complained." The word really means to "cry out," "protest"; but +it is used in the freest way as equivalent to bringing the action. There +is no evidence that anyone then submitted to wrong "under protest." +Whether the people were naturally litigious, or simply because access to +the courts was so easy, a protest usually involved a suit. + +(M248) 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 _ragamu_, gives rise to _targumanu_, the original of the modern +dragoman. He usually appears in later texts as the "interpreter," but may +originally have been the "advocate." At any rate, in the bilingual days he +might well have combined the offices. Another verb common at this period, +_pakaru_, gave rise to _pakiranu_, later the usual word for "plaintiff," +or "claimant." + +(M249) 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 "A claimed the property of B." 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 "went to +the judges," or rather quaintly, "they captured a judge." 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;(101) but there is no +evidence of unwillingness to submit. So too, when the parties are said to +"receive a judge," they evidently both sought him. + +(M250) Sometimes affairs did not go so smoothly. One party had to act and +bring the other before the judges(102) or "caused them to come before the +judge." + +There are indications that the judges sometimes had to summon a party +before them, or as the scribe puts it, "bring him before the other party." +This is also expressed by the judges "sending up" a party.(103) + +(M251) 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.(104) + +(M252) The parties, having found a judge and obtained a day for hearing, +"entered," or "went down to," the great temple of Shamash, at Sippara, +called Ebabbarim.(105) There, as we know, Hammurabi set up one of the +copies of the Code. The case was heard sometimes at the "old gate."(106) +At Babylon, the parties were taken to the temple of Merodach, +Esagila.(107) At Larsa, the "gate" of _NIN-MAR-KI_, or the temple of Sin, +might be chosen.(108) The temple of Ishhara is also named.(109) + +(M253) 5. *Procedure.*--We have only scattered hints regarding legal +procedure. The Code says that the judges "saw the pleas."(110) The scribe +uses the same expression.(111) As a rule, he records the plaintiff's +statement of claim first. Then he records a counter-statement. There is a +strong suggestion that he quotes from written documents. The judges read +these, or heard the verbal statements. + +(M254) 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.(112) He was to discern the rightful owner and +restore the object to him. Hence the decision was "the judgment of Shamash +in the house of Shamash,(113) the judgment of the house of Shamash."(114) +So the defendant was said "to make his account before Shamash."(115) In +bringing a suit the parties "sought the altar of Shamash."(116) In case of +loss or damage, the claimant recounted it "before god." + +(M255) 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,(117) or to know that a +transaction had taken place.(118) + +(M256) Tampering with witnesses, or with a jury, was penalized by the +Code.(119) The judges might refuse to accept the witness,(120) and then +might decide the case on the sworn deposition of the plaintiff. + +(M257) 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.(121) Or they might determine that it was a case for the +accused to purge himself, which he did by oath.(122) + +(M258) Having thus informed themselves of the rights of the case the +judges proceeded to pronounce a decision, "they caused them to receive +judgment." This phrase nearly always occurs in the legal decisions. The +decision might be called "the judgment of the particular judge," for +example, _din Isarlim_, "Israel's judgment."(123) The sentence is +sometimes stated in the words of the judges themselves, introduced by +_ikbu_, "they said."(124) Thus we read "the tablet which A granted to B is +good, they said."(125) + +(M259) If one party was in the wrong, the judges "laid the wrong on +him,"(126) or "put him in the wrong."(127) 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.(128) This was damages, not a fine. + +(M260) 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.(129) 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.(130) + +For later times we have little evidence. What there is was collected by +Kohler-Peiser,(131) and agrees in general with the above. + +(M261) 6. *The decision.*--In these ways the judges "quieted the strife," +"composed the complaint."(132) 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.(133) The legal +decisions lay down the stipulation that the losing party shall not "turn +back," shall not "complain." 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 usually is "they swore," without mention of the +persons who did so. + +(M262) 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.(134) These +irrevocable tablets, practically imperishable also, have now come after +thousands of years, to tell their tale. + +(M263) 7. *Administration of the oath.*--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,(135) as evidence of loss, deposit, +injury;(136) and the reception of a sworn deposition is recorded.(137) +References to oaths continually occur in the contracts. + +(M264) The judges "gave them to the oath before Shamash and Adad,"(138) +or, more briefly, "gave him to the oath of god."(139) 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 "by the king."(140) 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 edition of the Chronicle,(141) and Dr. +Lindl,(142) have made skilful use of these oaths in determining +chronology. + +(M265) The administration of the oath took place before the censer of +Shamash(143) or at the shrine, _Sasaru_, of Shamash,(144) in Sippara; or +before the emblematic dragon sculptured on the doors of the Marduk temple +at Babylon.(145) Other places are named which we are not yet able to +identify. A kind of magical conjuration appears sometimes to have been +employed,(146) which is not yet understood. + +(M266) 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, "whoever shall alter or dispute the words of this +tablet," 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. + +(M267) 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.(147) A common way of expressing the +same thing was to call on a god to be judge of the case, as for example, +"Shamash be judge," or "Shamash be advocate," that is, "take up the case." +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, "Ashur, Sin, +Shamash, Bel, and Nabu, the gods of Assyria, shall require it at his +hands" 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. + +(M268) But the oath lingered on into very late Babylonian times, when we +have some very full forms. If anyone shall change or alter the agreement, +"may Marduk and Zarpanit decree his destruction."(148) In Persian times we +find a curse on the same breach of faith in the terms, "whosoever shall +attempt to alter this agreement, may Anu, Bel, and Ea curse him with a +bitter curse, may Nabu, the scribe of Esagila, put a period to his +future."(149) 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.(150) + +(M269) 8. *Penalties.*--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.(151) But even if the case was less serious, it was slander to have +brought a false accusation, and the penalty for slander was branding.(152) +This penalty was inflicted on an unsuccessful suitor for possession of a +house sold by his father.(153) Another form of penalty for unsuccessful +litigation was that the suitor should not only lose his case but actually +be condemned to pay the penalty which he, if successful, would have +brought on the other party.(154) That this is what was really intended by +the clauses is shown by the case of Belilitum, who as late as B.C. +555,(155)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. + +(M270) 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. + +(M271) 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 "burnt offering" 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 owner. In later times this was twelvefold. This was an +example of the multiple restitution so common in the Code. + +(M272) 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. + +9. *Penalties for wrong-doing.*--We are chiefly indebted to the Code for +our knowledge of the penalties which the judge and his assessors might +inflict. + +(M273) 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 "he shall be killed"; by whom, or how, is not stated. +For special cases the manner is described. + +(M274) 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 "bound" and the woman drowned. In the +former, § 129, both were "bound" and both drowned. It is hardly likely +that "bound" 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 +"strangled." The alternative would be that the confusion in § 155 is due +to the scribe. + +(M275) 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. + +(M276) Impalement on a stake is ordered for a wife procuring her husband's +death. + +(M277) Indirectly the death-penalty would often be the consequence of an +appeal to the ordeal by water, in §§ 2, 132. + +(M278) 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. + +(M279) 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. + +(M280) Banishment from the city was the penalty for incest.(156) + +(M281) 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, _et cetera_, +was ordered.(157) + +(M282) But restitution of many times the damage inflicted is a distinct +penalty. The Code orders threefold for cheating a principal,(158) fivefold +for loss or theft of goods by carrier,(159) sixfold for defrauding an +agent,(160) tenfold for theft by a poor man, or for careless loss by +shepherd or herdsman,(161) twelvefold for a false sentence by a +judge,(162) thirtyfold for theft on the part of a gentleman. + +(M283) 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,(163) but also in the penalty of son for son, daughter for +daughter, slave for slave;(164) and in the rule that a vexatious suitor +shall pay the penalty which his suit was calculated to bring on the +defendant. + +(M284) 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.(165) + +(M285) 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. + +(M286) In certain cases no suit was allowed to gain standing. Contributory +negligence,(166) the natural death of hostage for debt,(167) the +accidental goring of a man by a wild bull,(168) are excluded from +litigation. Such events cancel all further claim or are expressly said to +have no remedy. There is no case for prosecution. + +(M287) 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.(169) 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.(170) +Compensation for premature ejectment was ordered.(171) + + + + +VI. Legal Decisions + + +(M288) By a legal decision we understand a "judgment" 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, _duppu ana_, "tablet on," followed by the statement +of the object in dispute. This is very often abbreviated to a simple +_ana_, "on," or _assum = ana sum_, "concerning," or _eli_ with the same +sense. + +These usages explain the curious tablet(172) where we have a long series +of sections each containing names associated with other names by the word +_assum_. Thus we read:(173) + + + "Nishinishu, daughter of Rish-Sin, _assum_ Shamash-ellatsu, son of + Itti-Sin-dinim." + + +(M289) It is not clear whether Shamash-ellatsu was the adversary of +Nishinishu, or the subject of her suit. But we clearly have here a "trial +list" 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, "two _SAR_ +of land," is occasionally given; or the court is named "the temple of +Shamash," or "at the gate of Shamash." The whole text is too fragmentary +to be translated, but we may 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. + +(M290) 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 "A sued B and lost the day and is now bound over not to +renew the litigation." A large number go only a little further, thus:(174) + +(M291) + + + Ribatum, daughter of Sala, was sued by the sons of Erib-Sin, + Shumma-ilu and Mar-ersitim, concerning what Sala, her father, and + Mullubtim, her mother, had left her. They took judges who restored + to her one-half _GAN_ of land, her property. Shumma-ilu and + Mar-ersitim, 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. + + +Here it is not stated what was the ground on which the parties disagreed, +nor that they laid claim to more than one-half _GAN_ 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:(175) + +(M292) + + + About the maid Adkallim, whom Aiatia had left to her daughter + Hulaltum. Hulaltum had taken care of her mother Aiatia; while + Sin-nasir, the husband of Aiatia, who was in Buzu for twenty + years, had left Aiatia to her fate, loved her not. Now after + Aiatia was dead, Sin-nasir laid claim on whatever Aiatia had, and + on Hulaltum for the maid Adkallim. Isharlim, the _rabianu_ 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 Hammurabi the king. The + judgment of Isharlim. Four witnesses. Dated in Elul, the 9th year + of Hammurabi. + + +This was a bad case of desertion. The husband, Sin-nasir, 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.(176) In his absence, +Hulaltum had cared for Aiatia, either as his real, or only adopted, +daughter. In either case, Aiatia had left Hulaltum a slave-girl, Adkallim, +whom Sin-nasir now claimed. His claim was disallowed. + +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. + + + Silli-Ishtar and Amel-ili, sons of Ilu-eriba, were sued by + Eribam-Sin, son of Ubar-Sin, concerning a house, etc., which they + bought of Sin-mubalit and his brothers. They say that they bought + with money which Silli-Ishtar received from his mother and which + formed no part of that which they had in common with plaintiff as + partners. Deposition accepted. Hammurabi 34.(177) + + The sons of Zazia sue Sin-imgurani 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 Belit, and eight + days' income in the shrine of Gula. Claim not made out. Era of + Isin 6.(178) + + Idin-Adadi and Mattatum have no claim on property which Hishatum + has or shall inherit. Rim-Sin (?).(179) + + Adadi-idinnam and Ardi-Martu agree on dissolution of partnership. + Zabum 1.(180) + + Brothers of Ur-ilishu agree not to proceed against Sala-ilu and + Ur-ilishu concerning property left by latter. Apil-Sin (?).(181) + + Family of Urra-gamil sue Erib-Sin for account of his partnership + with and his indebtedness to Urra-gamil deceased. Erib-Sin + settles. N. D.(182) + + Sin-ellatsu gave a ring to Rame-Ishhara. The children of + Sin-ellatsu agree not to sue her for it. Hammurabi (?).(183) + + Private settlement of claims to property. N. D.(184) + + +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. + + + Imgur-Sin and Ilu-eriba sue Iatratum concerning a house which she + bought of their father. Nonsuited. Before judges of Babylon and + Sippara.(185) + + Silli-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. Hammurabi 34.(186) + + 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. Hammurabi (?).(187) + + The two sons of Ku-Ishtar disagreed as to their shares. + Nidnat-Sin, the _rab_ Martu, makes equitable division. Hammurabi + 33.(188) + + 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 Huda and Shibabi gave judgment and confirmed the + title of Pala-Shamash.(189) + + The sons of Nur-Shamash sue Belitum for the property left her. + Before judges. Nonsuited. Sumu-la-ilu.(190) + + Shunu-ma-ili and Mar-ersitim sue Ribatum concerning her right to + the legacy of Sala and Mullubtim. The judges assign her an income, + _hibiltu_. Samsu-iluna 2.(191) + + Marduk-mubalit and Sin-idinnam sue Shad-Malkat concerning her + house in Bit Gagim. Judges confirm her title. Apil-Sin.(192) + + Huzalum and Pi-Malkat, children of Nabi-Shamash implead + Shidi-lamazatanhu of Gagim concerning various rights to incomes + and rations in the temple of Shamash. The judges assign shares to + each. Samsu-iluna (?).(193) + + Aliku and Sumu-rame sue Shakumatim about a house they sold him. + Nonsuited. N. D.(194) + + Shamash-bel-ili repudiates a sale of land to the Lady Mannashi. He + is nonsuited. Hammurabi 15.(195) + + Family of Ardi-rabish against Erib-Sin on account of property left + them by Ardi-rabish. Nonsuited. Sin-mubalit 20.(196) + + Hamaziru sues Manutum for house and property but is nonsuited. + Sumu-la-ilu.(197) + + Kasha-Upi bought a house of Itti-itishu and his sons, Belshunu and + Ilushu-bani. Amel-Ninshuna, son of Belshunu, brought a suit about + the house. Judges condemn him to be branded on the forehead and + confirm Kasha-Upi's title. Sin-mubalit.(198) + + Nishinishu sues Ana-erishti-Malkat for three _SAR_ of land before + the king's judges. Nonsuited. Samsu-iluna 2.(199) + + Malkat-kuzub-matim 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.(200) + + The family of Izidaria sue the family of Azalia about the property + of Izidaria deceased. Their title is confirmed. Zabum 12.(201) + + Shamash-bel-ili sues Nidnusha concerning a house bought by him of + her. The judges grant him two shekels of silver. Hammurabi 1.(202) + + Shi-lamazi sues her brothers for a field and wins her case.(203) + + Before Lushtamar, _nagiru_ 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. Hammurabi 28.(204) The record is defective. + + +Cases before judges where the plea and its result can be made out with +some certainty are as follows: + + + Ardi-Sin, son of Etiru, sued the sons of Shamash-nasir who had + sold a plot of land, two and a half _GAN_ in area, to Ibni-Adadi + the merchant. He claimed the land as ancestral domain, _bit + abisu_, and denied that he had ever alienated it. The sons of + Ibni-Adadi, now in possession, produced the deed of sale, _duppu + simati_, which Etiru and Sin-nadin-shumi, his brother, had + executed to Shamash-nasir 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 (?).(205) + + Mar-Martu bought the garden of Sin-magir. Ilubani disputed the + legality, _simdattu_, of the sale. Before the judges at the gate + of Nin-marki he deposed that he was the adopted son of Sin-magir, + which adoption had never been revoked. In the time of Rim-Sin the + house and garden had been awarded to Ilubani and then Sin-mubalit + had brought a suit against Ilubani, which was regularly heard + before judges and witnesses from Nin-marki. They had awarded the + house and garden to Ilubani. Sin-mubalit was now bound over to + dispute the title no more. Hammurabi.(206) + + +Here it seems that on the deposition of Rim-Sin by Hammurabi, Sin-mubalit, +excluded by his bond from disputing Ilubani's title, sold his claim to +Mar-Martu, who attempted to enter into possession. Possibly it was thought +that the new rulers would reverse the old decision. + +(M293) + + + The sons of Namiatum sue their mother, Iashuhatum, 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, Iashuhatum and their descendants. + Samsu-iluna 2.(207) + + +It seems that, after the death of Namiatum, Iashuhatum 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. + + + Amel-Ninsah sues Garudu for the rent of a field. The debtor not + paying was ejected. Apil-Sin.(208) + + Shumi-ersitim sues for right to a sheep and some corn, the + _naptanu_ of a god. Judges grant him half share. Hammurabi 9.(209) + + Judges summon Ibik-iltum before Elali-bani to account for corn. He + purges himself on oath. N. D.(210) + + Amat-Shamash claims to be the adopted daughter of Shamash-gamil + and his wife Ummi-Arahtum. Her witnesses proving unsatisfactory, + her claim was disallowed on the oath of Ummi-Arahtum that they had + never adopted her. Hammurabi (?).(211) + + Ilushu-abushu hired a pack-ass, _imer bilti_, of Ardi-Sin and + Silli-Ishtar and lost it. The judges awarded them sixteen shekels + of silver as compensation. Apil-Sin 5.(212) + + Babilitum sued Erish-Saggil, Ubar-Nabium, and Marduk-nasir for a + share of her family possessions, _bit abisa_. The judges assigned + her a share. Samsu-iluna 5.(213) + + 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.(214) + + Mar-ersitim left a female slave Damiktum 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 + Mar-ersitim, had granted Damiktum to Mazabatum and Ibni-Shamash. + The judges return Damiktum to Mazabatum. Hammurabi (?).(215) + + +(M294) In Assyrian times we have comparatively few legal decisions. The +judges who appear are the _sartenu_, or chief-justice; the _hazanu_, the +chief civil magistrate of a city, the parallel of the ancient _rabianu_; +the _sukallu_, or chamberlain; and one or two others, besides the simple +_daianu_, or judge. Some of these are not judicial officers, but act in +that capacity. + +Usually the judge is said to lay the blame on the guilty party, _arnam eli +A emedu_; or to lay the penalty upon one, _sartu eli A emedu_. The +sentence itself was a _dienu_, or "judgment." 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. + + + Thus:(216) a scribe A prosecuted a farmer B for the theft of a + bull. They came before Nabu-zer-kenish-lishir, the deputy _hazanu_ + of Nineveh. Restitution, bull for bull, was imposed on the + defendant, who meantime was held for the fine. "On the day that he + shall have made good the value of the bull he shall go free." + Dated the 12th of Elul. Eponymy of Mushallim-Ashur. Twelve + witnesses. + + Again:(217) A stole four slaves of B, who summoned him before the + _sukallu_. 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. "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 Belit." + Dated the 10th of Adar, B.C. 678. Eleven witnesses. + + +Here is another case, relating to a breach of trust:(218) + +(M295) + + + The decision of the chief-justice, which he laid on Hani. 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. Hani, 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. + "Whoever shall demand him, his _saknu_, his _rab kisir_, or any + representative of his, shall pay for three hundred sheep and the + fines for the shepherds and then Hani shall be released." Dated + 27th of Sebat, B.C. 679. Four witnesses. + + +The defendant had been intrusted with three hundred sheep, which he had to +return in full, with a proper increase of lambs. But, evidently in the +disorders which arose on the death of Sennacherib, Hani 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, Hani 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. + +(M296) 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. + +(M297) 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 +_Aus Babylonische Rechtsleben_. Little can be added beyond additional +examples and illustration. + +(M298) 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 _sibutu_ 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. + +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. + +(M299) 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. + +(M300) 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. + +(M301) 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 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.(219) 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 "his father's house." 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. + +(M302) A common type of case was a vindication of right to some sort of +property. Thus(220) A had sold B a slave, but C came forward and said: "He +is my slave who fled from me," and took an oath by Bel and Nabu, 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. + +(M303) 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. + +(M304) Men did not always stand their trial, but sometimes settled the +case by an agreement out of court.(221) 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. + +(M305) The decision of a dispute was not always referred to professional +judges. A very interesting example occurs,(222) when the eldest member of +the family and _kinatti aplisu_, "the family of his son," 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.(223) + +(M306) Connected with legal decisions are the undertakings to appear +before the court, of which we have several examples. Thus,(224) 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 _mar banutu_. This +official was subpoenaed, as we should say, and swore by Bel, Nabu, and +Darius, that on the 8th of Sebat, two days hence, he would come and take +up the case.(225) + +(M307) The production of witnesses is the subject of not a few +undertakings. Thus,(226) by a fixed date, five days hence, A shall bring B +to be questioned about some asses belonging to the royal household. +Again,(227) N swears to come, six days hence, and bring another, on +account of the witness about A. He further undertakes to establish the +partnership. 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,(228) two parties agree to waive their +dispute and abide by witness produced. This they do before the _atu_ +official of the gate of the temple. Again,(229) A is to bring witnesses on +the second of Ab, to the door of the _tikkalu's_ 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.(230) + +(M308) 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.(231) The witnesses whose names appear on the document do not +seem to have been summoned. But in one case,(232) 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, "I know that the +money was paid," and he sealed the document. + + + + +VII. Public Rights + + +(M309) 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. + +(M310) 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(233) +which lay upon it. The "merchant" was probably usually an alien, and only +temporarily resident. In the contracts of the Hammurabi 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 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. + +We have marriages between Persians and Egyptians, with witnesses, +Babylonian, Persian, Aramean, and Egyptian.(234) Medes rent a Babylonian's +house, and live there.(235) A Persian buys of a Babylonian.(236) A Persian +father gives Babylonian names to his children.(237) A vivid picture of the +mixed nationality in the time of Artaxerxes II. is given in the "Business +Documents of Murashu Sons," and the list of proper names attached to +Professor Hilprecht's edition sufficiently illustrates the point. + +(M311) 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.(238) Riparians were responsible for the care of the canal +as shown in the Code.(239) + +(M312) The state undertook some duties. In the Code we note that the +palace would, failing other means, redeem an official from captivity.(240) + +(M313) 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.(241) 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.(242) + +(M314) 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. + + + + +VIII. Criminal Law + + +(M315) 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. + +(M316) We have one case from Assyrian times of the assignment of a +slave-girl, as composition for manslaughter. Atarkamu, a scribe, had +caused the death of Samaku, whose son Shamash-ukin-ahi had the right to +exact vengeance. Whether as the result of a legal decision or not, +Atarkamu hands over a slave-girl to Shamash-ukin-ahi and they agree to be +at peace. The name of Ashurbanipal 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 "at the grave."(243) + +(M317) In later Babylonian times we have a reference to imprisonment +arising out of a case of guarantee.(244) 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 _sibutu_ that +A shall not go away, or if he does, that B will do his work. + +(M318) A case of assault and forcible entry into a house occurs.(245) But +the tablet is so defective that we cannot make out the rights of the case. +The superintendent of the city Shahrin, 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. + +(M319) A case of procuration of desertion, forbidden by the Code(246) +under pain of death, was condoned by the injured party.(247) 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. + +(M320) Adultery was punished in the Code by drowning.(248) The Code in +this and similar cases of sexual irregularity is explicit that the case +must be flagrant. Suspicion was not enough.(249) But conduct leading to +scandal had to be atoned 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.(250) + +A woman's procuring her husband's death, for love of another, was punished +by impalement.(251) + +(M321) Incest on the part of a man with his own daughter involved his +banishment.(252) 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.(253) 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.(254) + +If a man committed incest with his own mother, both were burned.(255) If a +man had intercourse with his foster-mother, or step-mother, who had borne +children to his father, he was disinherited.(256) + + + + +IX. The Family Organization + + +(M322) 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. + +(M323) The Code is explicit that a woman was not a wife without +"bonds."(257) 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 not be liable for his wife's debts before marriage.(258) 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. + +(M324) 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. + +(M325) 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 _gens_. 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 +"to the Conquest." Unfortunately no attempt has yet been made to work out +the family histories. But men of such families were the _mar bane_, or +"sons of ancestors," 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 and consideration. They do not name their ancestor, but refer to +him as a tradesman. They were sons of "the baker," of "the measurer," _et +cetera_, with which we may compare our proper names Baker and Lemesurier. +There was a court of ancestry, _bit mar banuti_, 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. + +(M326) 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 "sons" 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 "city of the goldsmiths" in Nineveh. + +(M327) 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. + +(M328) 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.(259) The tablet is too fragmentary for us to follow the arguments. +The slave Bariki-ilu claimed to be a _mar banu_ and his claim was heard +before the court of the _mar bane_.(260) + +(M329) Further, as the wife's marriage-portion, if she died childless, +went back to the "house of her father," and as a man who died without +issue had to leave his property to his "father's house," 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. + +(M330) 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.(261) 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. + + + + +X. Courtship And Marriage + + +(M331) 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, _terhatu_, is undoubtedly connected with the name of the bride, +_marhitu_. 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.(262) The Code +assessed it at one mina of silver for a patrician and a third of a mina +for a plebeian.(263) + +(M332) 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 _Morgengabe_ remains without +support. Certain it is that it was not returned 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. + +(M333) 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.(264) This was probably a part +of the ceremony of betrothal. + +If the father rejected the suitor, he was bound to return the bride-price +offered.(265) 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.(266) + +(M334) 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.(267) + +(M335) 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:(268) Nabu-shum-ukin, the _erib +biti_ of Nabu, judge of Ezida, spoke to the King Neriglissar, saying thus: +"Give to me Gigitum, your young daughter, to wife." 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 Ezida, showing that it was +preserved in the Nabu temple at Borsippa. + +The following case is one of the clearest:(269) + +(M336) + + + Nabu-nadin-ahi, son of Bel-ahe-iddin, grandson of Ardi-Nergal, + spoke thus to Shum-ukin, son of Mushallimu, saying: "Give me thy + daughter, Ina-Esaggil-banat, the maiden, to wife, for + Uballitsu-Gula, my son." Shum-ukin 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 Nabu-nadin-ahi. Nana-kishirat, the maid of + Shum-ukin in lieu of two-thirds of a mina of silver, her full + price, Shum-ukin gave to Nabu-nadin-ahi out of the one mina of + silver for her marriage-portion. The deficiency, one-third of a + mina of silver, Shum-ukin will give Nabu-nadin-ahi, and then her + marriage-portion is paid. Each took a writing. + + +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.(270) + +(M337) + + + Dagil-ilani, son of Zambubu, spoke thus to Hamma, daughter of + Nergal-iddin, son of Babutu, saying: "Give me thy daughter, + Latubashinni, she shall be my wife." Hamma listened to him and + gave him her daughter, Latubashinni, to wife; and Dagil-ilani, in + the joy of his heart, gave to Hamma for Latubashinni, her + daughter, Ana-eli-beli-amur, a maid, for half a mina of silver and + a mina and a half of silver to boot. The day that Dagil-ilani + shall take a second wife, Dagil-ilani shall give Latubashinni a + mina of silver and she shall go back where she was before. With + the cognisance of Shum-iddin, son of Ina-eshi-eter, son of + Sin-damaku. + + +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 _locus +standi_ Shum-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.(271) Occasionally the deed of marriage +also named a penalty for adultery on the part of the wife. + +(M338) 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. + +(M339) 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. In the absence of father and mother, the +brother as head of the family assumed the duty. The examples of this are +common enough.(272) + +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.(273) + +(M340) 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. + +(M341) 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.(274) + +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.(275) A high official of the king's, A, brought a suit against B, +who was "over the house," 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 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. + +(M342) 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:(276) "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." 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 "wedding-house." The name was literally "house +of the males," or "of the named ones," and also house of the _mar bane_, +or "sons of ancestors." 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 "with a name," +also a "son of an ancestor." 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 _bit +pirsatum_, the meaning of which is obscure. But as Ishtar was _belit +parse_, the "lady of _the parse_," we may connect it also with weddings. + +(M343) We have seen that the _terhatu_, 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 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,(277) but it is not clear whether or not this +was to buy her. + +(M344) 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.(278) + +(M345) We have one or two lists that show what might be expected as a +trousseau by a Babylonian bride. One which illustrates the Code(279) +extremely well, narrates first what had been given a notary and _NU-BAR_ +of Marduk by her father on her taking her vow and entering the temple of +Anunitum. This was his "grant" 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 _malumsa_, 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 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.(280) So now they waive +their right, as it will after her marriage pass to her children, if she +has any.(281) So they are said to "give" her what her father had already +"granted" her. Further, they return to her husband the _terhatu_, of +one-third of a mina of silver, which he had presented to them.(282) 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.(283) + +(M346) Another long list, also a "grant" 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: + + + Four ... of gold, two rings ... each of them one ... two dishes, + carved with _karakku_ birds, one dish carved as a lion, whose head + is of _AB_ wood, and its border of _KU_ wood, one chair of _KU_ + wood, three chairs (of different makes) of _AB_ wood, one oil-pot, + _salla_, one oil-pot containing two hundred _KA_ of Carchemish + work, one mixing-pot of copper, one _dupru kanku_ containing + thirty _KA_, two _kundulu_ of copper, one ... two ..., one for ... + + +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 the domestic equipment of the house. It is +of interest to note that already Carchemish was celebrated for its +wares.(284) + +With these lists may be compared the Tell-el-Amarna lists given in +transcription, with a few hints at translation, by Dr. Winckler.(285) 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, Taduhipa, and another list of her dowry. +The greater part of the names of these articles defy translation. + +(M347) During the Fourth Dynasty of Babylon, the celebrated Michaux +Stone(286) 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 _nudunnu_, once +reserved for the husband's free gift to his wife. The _nudunnu_, in one +case, is ten minas of silver, four maid-servants, house-furniture, and the +like.(287) It might include sheep and oxen.(288) See also the later +Babylonian laws about the marriage-portion.(289) A long list might be made +out from these sources of the house-furniture,(290) but as before we do +not know what half of the terms mean. + +(M348) There are many examples of receipts given for the marriage-portion +received in full.(291) 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 law adds significantly that +"father-in-law and son-in-law shall not oppress one another." We find that +actions were frequently brought to obtain a marriage-portion. We have an +instance where the payment was withheld for nine years.(292) + +(M349) A husband might make a settlement on his wife. In the time of the +Code this was called a _nudunnu_. 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.(293) 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.(294) + +(M350) 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.(295) 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. + +(M351) 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 "_Notes on +some recent discoveries in the realm of Assyriology_," contains certain +suggestions.(296) 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: "I am the son of nobles, silver and gold +shall fill your lap, you shall be my wife, I will be your husband. Like +the fruit of a garden I will give you offspring." 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: "I swear by +the great gods and you may go." 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 "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." + +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, "one whom his mother brought forth with +weeping," 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. + +(M352) The young couple did not always set up a house of their own; they +often went to live with the bridegroom's father. 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.(297) + +(M353) 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.(298) + +(M354) In Assyrian times there is clear evidence that among the slaves and +serfs, at least, polygamy was fairly common.(299) In the later Babylonian +era polygamy also existed. Wives might be sisters.(300) We read of a +"second wife."(301) 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. + +(M355) 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 a legal wife.(302) 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.(303) 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.(304) But, if her father had given her no marriage-portion, her +brothers must give her one at the division of his property.(305) + +(M356) 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, "my sons." But that he had done so probably had to 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. + +(M357) 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 "a son +of no one." 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.(306) + +(M358) 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 memorandum that the proper formalities have been complied +with. Thus(307) we read that "A has taken to wife B, the daughter of C, +from C and D his wife, and has paid ten shekels as _terhatu_ to C, her +father." The rest is lost. If it only laid down the penalties for +infidelity on either side, this was quite normal. + +(M359) 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 +_terhatu_ offered for the girl is small, five shekels(308) or even one +shekel.(309) So the penalty laid upon the man for divorcing such a wife is +only ten shekels.(310) On the other hand if she was unfaithful she was to +be drowned.(311) + +(M360) 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, _ullilsi_, then marries her, +and declares at the same time that she is vowed, _ellit_, and that no one +has any claim on her.(312) + +(M361) (M362) 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.(313) 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(314) 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 was Ibku-Anunitum, son of Shamash-limir and +Taram-shullim, his wife. The parents paid for their son only four shekels +as _terhatu_, 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. + +(M363) 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,(315) +Pinches,(316) and Sayce.(317) It is, however, too important to omit here. +There are two tablets concerned with it.(318) The first is the contract +between the husband and his wives. We may render it thus: + + + Ardi-Shamash took to wife Taram-Saggil and Iltani, daughters of + Sin-abushu. If Taram-Saggil and Iltani say to Ardi-Shamash, their + husband, "You are not my husband," one shall throw them down from + the _AN-ZAG-GAR-KI_; and if Ardi-Shamash shall say to Taram-Saggil + and Iltani his wives, "You are not my wives," he shall leave house + and furniture. Further, Iltani shall obey the orders of + Taram-Saggil, shall carry her chair to the temple of her god. The + provisions of Taram-Saggil shall Iltani prepare, her well-being + she shall care for, her seal she shall not appropriate (?). + + +Then follow ten witnesses, but no date. + +The second document seems to be drawn up rather from the point of view of +the sisters. We may render it thus: + + + Iltani, the sister of Taram-Saggil, Ardi-Shamash, son of + Shamash-ennam, took to wife, from Uttatum, their father. Iltani + 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 Iltani, her sister, "you + are not my sister" [the penalty is lost]. [If Iltani shall say to + Taram-Saggil her sister], "You are not my sister," one shall brand + her, and sell her. If Ardi-Shamash shall say to his wife, "You are + not my wife," he shall pay one mina of silver; and if they say to + Ardi-Shamash their husband, "You are not our husband," one shall + tie them up and throw them into the river. + + +Here there are eleven witnesses, but again no date. + +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 Iltani 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 Iltani 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(319) provided for her husband. Perhaps Taram-Saggil had become a +chronic invalid. A comparison of the two 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 Iltani? But if they repudiate him, the penalties are +different in the two documents, unless indeed the _AN-ZAG-GAR-KI_ be an +ideogram for the "steep place" from which they were to be thrown into the +water. + +(M364) 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, _dimtu_.(320) This pillar may +be the real meaning of the _AN-ZAG-GAR-KI_, which looks very like an +attempt to express _zigguratu_, 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, "Thou art not my mistress," she shall be branded and +sold. As long as the mother lives, they two together shall support +her.(321) 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. + + + + +XI. Divorce And Desertion + + +(M365) 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 _solatium_, fixed at half a mina. The wife, +however, was punished by death for repudiating her husband.(322) The Code +limits the facility of divorce for the man and renders it possible for the +woman to obtain. + +(M366) 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.(323) + +(M367) 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.(324) If this +bride-price had not been given, then he paid her a fixed sum of money; one +mina, if he was a patrician, a third, if he was only a plebeian.(325) A +slave does not seem to have had the liberty of divorce. + +(M368) 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.(326) It is assumed that it was +an unhappy marriage from the first and that there were no children. + +If it were proved that she was a bad wife, she was treated as an +adulteress and drowned.(327) 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.(328) There is no +mention in these cases of a return to her father's house. + +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.(329) +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.(330) + +(M369) We have already seen that the Code regulates the questions arising +out of divorce.(331) 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.(332) This document is, however, little more than an +agreement to abide by the terms of the divorce. + +In another case a marriage-contract names the penalty a man shall pay for +divorcing his wife.(333) In all these cases the word for divorce, _ezebu_, +is literally "to put away." But a man divorced his wife by the simple +process of saying, "You are not my wife." He then paid her a fine, +returned her marriage-portion and so on, as laid down in the Code.(334) 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.(335) 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. + +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. + +(M370) 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.(336) But if she was not provided for, she might enter another +man's house without blame.(337) 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.(338) +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. + +(M371) 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.(339) + +We have a legal decision in a case(340) where a man had deserted his wife +for twenty years and "left her to her fate, did not love her." 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. + +Among the provocations which gave the wife cause for divorce was the +"going out" 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. + + + + +XII. Rights Of Widows + + +(M372) 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,(341) but was not +compelled to do so.(342) 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. + +(M373) 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.(343) 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.(344) + +(M374) A very clear example of the permanence of the Code regulations on +this subject meets us in the fifth year of Cambyses.(345) Ummu-tabat, +daughter of Nabu-bel-usur, wife of Shamash-uballit, son of Bel-ebarra, a +Shamash priest, who was dead, whose sons were Shamash-etir, Nidittum, and +Ardi-Har, swore to Bel-uballit, priest of Sippara, saying, "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." On the day that Ummu-tabat +remarries, according to her bond, the property [of her late husband] which +is in the possession of Bel-uballit, 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, "going into the _bit zikari_." + +(M375) 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.(346) 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.(347) If there were no children of the second marriage, those of the +first took all she left.(348) + +(M376) 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.(349) 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 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.(350) + + + + +XIII. Obligations And Rights Of Children + + +(M377) 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.(351) 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. + +The son was not capable of entering into an independent contract with an +outside person.(352) 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.(353) + +(M378) 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.(354) + +(M379) 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 +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.(355) If he +approved her choice, he might give her a portion, as if for marriage,(356) +but he was not compelled to do so. A father could give his daughter to be +a concubine.(357) + +The father's consent was also needed to his son's marriage.(358) He had to +provide the youth with a bride-price, and secure a wife for him.(359) + +(M380) 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. + +(M381) 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, "You are not my father," 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.(360) + +(M382) The Sumerian laws preserved the father's rights to disinherit the +son by a simple repudiation, saying, "You are not my son." 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.(361) + +(M383) 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, 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.(362) 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. + +(M384) 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,(363) +show the abhorrence felt for their ingratitude. + + + + +XIV. The Education And Early Life Of Children + + +(M385) 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 +_tupsar_, or scribe. Many show the handiwork of women scribes.(364) 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 _aba_ or +_tupsar_ 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 _Cuneiform Texts_ 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 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. + +(M386) 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 formulae. 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. + +(M387) The discovery at Sippara of a school dating from the First Dynasty +of Babylon is very fully worked out by Professor Scheil in _Une Saison de +fouilles a Sippara_, pp. 30-54. Professor Hilprecht gives further details +in _Explorations in Bible Lands_, pp. 522-28 and _passim_. + +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,(365) these contain very +valuable fragments of otherwise lost or imperfectly known texts. + +(M388) Slaves were often bound as apprentices to learn a trade or +handicraft. A man might adopt a child to teach him his trade, and his duty +to him was sufficiently discharged by doing so. + +(M389) 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,(366) or a girl of three months, not named.(367) 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.(368) +But the usage with respect to slaves is hardly a rule, and, as appears +from the above, they were not consistently named. + +(M390) A child seems often to have been put out to nurse. From the +phrase-book we learn that a father might "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."(369) That this was not only done with adopted +children is clear from the Code;(370) 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. + +(M391) It will hardly do to interpret the phrase-book(371) 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.(372) + + + + +XV. Adoption + + +(M392) 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. + +(M393) 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 +persons, of a slave even.(373) We learn from the series _ana ittisu_(374) +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.(375) + +(M394) 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.(376) Only, for an +artisan, it was sufficient to have taught the child his trade.(377) + +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. + +(M395) That such a process did take place in Babylonia is made clear by +the Code.(378) 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.(379) + + + 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, "You are not our son," he shall leave house and + furniture. The day that Ubar-Shamash shall say to Beltum-abi, his + father, or Taram-ulmash, his mother, "You are not my father or my + mother," one shall brand him, put fetters upon him, and sell him. + + +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.(380) In another case where a child is adopted a +certain person is expressly said to be his brother.(381) + +(M396) 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' 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.(382) + +(M397) The clause which implies disinheritance in case the parents +repudiate the son, or he repudiates them, could only be enforced by a +law-court.(383) But it was nevertheless most regularly inserted in the +contract. In one case the document merely consists of it,(384) 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.(385) 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. + +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.(386) + +(M398) The word _aplutu_, abstract of _aplu_, "son," and therefore +literally "sonship," being also used to denote the relation of a daughter +to a parent, came to denote the "share" which a son or daughter received. +If a man adopted a son, he granted him an _aplutu_, or "sonship," and this +carried with it a material property. But the father, while still living, +might grant the son his _aplutu_ and stipulate for maintenance during the +rest of his life. Such a grant begins with _aplutu sa_ 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 "son of C," then we know that A giving him "sonship" 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. + +(M399) 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, "he may give +his sonship to whom he chooses." The choice is sometimes expressed as +"that which is good to his heart," or "in his eyes," or "whom he loves." A +modified choice is often mentioned, as when it is said that a votary may +leave her "sonship" after her to whom she likes "among her brothers." + +(M400) We have a large number of documents which make reference to the +_aplutu_ of a certain person, which we can render here by "heritage." +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, _ridit +warkati_. + +The following example makes these details clear:(387) + + + The heritage of Eli-erisa, votary of Shamash, daughter of + Shamash-ilu. Belisunu, votary of Shamash, daughter of Nakarum, is + the caretaker of her future life. One-third _GAN_ of unreclaimed + land in Karnamkarum, next the field of Issuria, one _SAR_ house in + Halhalla, next the house of Nakarum, one-third _SAR_ four _GIN_ in + Gagim, one maid Shala-beltum, price ten shekels of silver, all + this for the future in its entirety, what Eli-erisa, 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-erisa three _GUR_ of corn, ten minas of + bronze, and twelve _KA_ of oil. + + +(M401) The _aplutu_ 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.(388) + +(M402) 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 _KA_ of oil, four _isinni +Shamash_, ten _KA_ of fat, one side, two _GUR_ of corn. Many others could +be instanced, but they make no great addition to our knowledge. + +(M403) The obligation might be service; as when a lady adopts a maid to +serve her for life and inherit a certain house.(389) In another case a +lady adopts a son to bring up her daughter and give her to a husband. "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."(390) 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.(391) She handed on the same +property, indicating that her adoptive mother was dead. + +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.(392) + +(M404) 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.(393) 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.(394) + +(M405) 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.(395) 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. + +(M406) Occasionally, however, the adopting parent reserved the usufruct of +the property for life only, fixing by deed the rightful heir.(396) This +was, in effect, a will or testament, since the inheritance did not take +effect until after the death of the testator. + + + + +XVI. Rights Of Inheritance + + +(M407) 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. + +(M408) 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 "father's house" 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.(397) 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 "father's +house," no details of their shares are given, but only their agreement to +abide by the division made.(398) 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 "own power," _ina +emur kamanisu_, and to have given them this of his "own graciousness," +_ina tubatisu_. The brothers swear to make no further claim on the +"grant," _marsitu_, 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 _pa-pa_, +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.(399) 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.(400) It is noteworthy that one of the three receives ten +shekels as the _terhatu_ 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.(401) So we find two brothers giving a sister a share consisting of +one-third _SAR_ of a house, next her brother's, one maid, a bed and a +chair, with the promise that on the day that she marries and enters her +husband's house she shall receive further two-thirds _GAN_ of land and +slaves.(402) 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, _i.e._, +with two cousins, ten _SAR_ of unreclaimed land, taking three and a half +_SAR_ as his share.(403) 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:(404) + +(M409) + + + One _SAR_ of built land and granary, next the house of Ubarria and + next that of Bushum-Sin, two exits to the street, the property of + Urra-nasir, 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-mubalit + they swore. Nine witnesses. Thirteenth year of Sin-mubalit.(405) + + +The property which fell to Urra-nasir was a house occupying one _SAR_ of +land. The text means not that the three men, Urra-nasir, 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: + + + One _SAR_ 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-nasir. From mouth (?) to gold the share is complete. Brother + shall not dispute with brother. By Shamash, Malkat, and + Sin-mubalit they swore. Nine witnesses. Thirteenth year of + Sin-mubalit.(406) + + +And again: + + + One _SAR_ 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-nasir. From mouth (?) to gold the share [is + complete]. Brother shall not dispute with brother. By Shamash, + Malkat, Marduk, and Sin-mubalit they swore. Nine witnesses. + Thirteenth year of Sin-mubalit.(407) + + +Thus we see that each brother, if they were brothers, obtained exactly the +same share, one _SAR_ 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-nasir, had a house in another part of the town. We +therefore must understand the word "divided" in the sense "obtained on +division." In the second and third case the word rendered share is +literally "all." But the first text shows that "all is complete" means +"the share is complete." The meaning of the expression, "from mouth (?) to +gold," is still obscure. It is not certain that _bi-e_ really means +"mouth." But as Meissner has shown,(408) it exchanges with the ideogram +for "mouth." He therefore suggests that the whole phrase means "from the +first verbal discussion of the division to its consummation by payment the +partition of the property is now at an end." 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 times silver was +more valued, or at any rate, less in use than gold. + +It will be noted that the second text omits Marduk from the oath, while +the others name him. The third text omits _gamru_, "is complete." 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. + +(M410) 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 _menu_ untranslated. We know for instance +that the signs, _GIS-GU-ZA_ were used to denote the Babylonian _kussu_. +When a god or king sat upon a _kussu_ we may be satisfied with the +rendering "throne," but when we find a lady leaving her daughter six +_kusse_ we feel that "throne" 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, _et cetera_, 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 Lachish gives the contemporary representation of a _kussu +nimedu_, but we cannot argue that every _kussu_ was of the same pattern. + +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 _GIS-GU-ZA_ we find a number of other ideograms, all of which +are in certain connections rendered _kussu_, 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. + +(M411) 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, "You are not my son." 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.(409) + +(M412) The Code is much clearer. Here the father is minded to cut off his +son. But the disinheritance must be done in legal form. The father must +say to a judge, "I renounce my son." 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.(410) + +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. + +(M413) 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.(411) + + + + +XVII. Slavery + + +(M414) 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, _minor capitis_. 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. + +(M415) 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. + +(M416) 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 that we can deduce some idea of the actual facts. +Professor Oppert in his tract, _La Condition des Esclaves a Babylone, +Comptes Rendues_, 1888, pp. 11 ff.; and Dr. B. Meissner, in his +dissertation, _De Servitute Babylonico-Assyriaca_, 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 +_Aus Babylonische Rechtsleben_. 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. + +(M417) The institution of slavery dates back to the earliest times. We +cannot in any way attempt to date its rise. + +Already in the stele of Manistusu we find a slave-girl used as part of the +price of land and worth thirteen shekels;(412) 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.(413) The Code shows that the slave was not free to contract except +by power of attorney,(414) and that it was penal to seduce him from his +master's service,(415) or to harbor him when fugitive.(416) It fixes a +reward for his recapture,(417) makes it penal to retain a recaptured +slave,(418) and deals with his re-escape.(419) It shows that he was +subject to the "levy."(420) It also determines the position of a +slave-woman who bears children to her master,(421) or of a slave who +marries a free woman.(422) In each case the children are free. It fixes +the fees to be paid by the slave's master for his cure,(423) deals with +injuries done to a slave,(424) damages being paid to his master;(425) +enacts that if captured and sold abroad he must be freed, if +re-patriated,(426) and a native of Babylonia, otherwise he returned to his +master. + +(M418) 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. + +(M419) There seems to have been a dreaded disease called the _bennu_. +Professor Jensen(427) 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 B.C. The Code and the +contemporary contracts allow one month within which a plea could be raised +that the slave had the _bennu_. The purchaser could then return him and +have his money back. In the Assyrian deeds one hundred days is allowed. + +In the Assyrian deeds _sibtu_ is also allowed a hundred days. This is +often associated with _bennu_ in the mythological texts as equally +dreaded. It affected the hands or the mouth. We may render it "seizure," +and think of some form of "paralysis." + +(M420) The objections which come under the head of legal defects are +summed up in the Code as a _bagru_, or "complaint." In the contracts and +Code this could be pleaded at any time. So in Assyrian times a _sartu_, "a +vice," 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. + +In later Babylonian times Law B specially provides for the return of the +slave at any time, if a claim be made on him. + +(M421) 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 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. + +(M422) 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. + +(M423) In Assyria there was a large body of serfs, _glebae adscripti_. +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. + +(M424) 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, 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. + +(M425) The army and corvee, 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.(428) Hence it was of +importance to the buyer of a slave to receive a guarantee that this claim +had been satisfied. + +(M426) 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. + +(M427) As a rule, though the slave is named, his father is not. But, just +as in mediaeval 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. + +(M428) 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. + +(M429) 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. + +(M430) 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. + +(M431) First we have the _amelu sihu_. _Sihu_ means rebellion or civil +war. Sennacherib was slain in such an uprising.(429) It may be that then +the slave would be impressed for defence of law and order. Or it may be +that _amelu sihu_ 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 _amelu sihu_,(430) renders this less likely. A ship +could not turn rebel. It is not unlikely that slaves often joined in the +rebellions. + +(M432) 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. + +(M433) The captor might retain the slave until he was paid.(431) 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. + +(M434) A guarantee was also given against the _pakiranu_. This is +literally "the claimant." 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.(432) + +(M435) Another indemnity is the _arad sarrutu_, or in the case of female +slaves, the _amat sarrutu_. This was the status of an _arad sarri_, or +_amat sarri_, 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.(433) + +(M436) There was also a guarantee against _marbanutu_, the status of a +_mar banu_, or "son of an ancestor." 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 +_mar banu_ to mean "adopted son." 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. + +(M437) Finally there is mentioned a claim called _susanutu_. This occurs +in Persian times only(434) and may be the status of a _susanu_, _i.e._, 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 _susanu_. 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. + +(M438) The _abuttu_ which the Code(435) 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,(436) +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, _ellita abuttaka gullubat_, "thy _abuttu_ is clearly +branded," or tattooed. Hence it may only be a mark. + +(M439) There is frequent mention in early times of a mark upon slaves. The +Code(437) talks of marking a slave, but in a way that is difficult to +understand. The verb usually rendered "brand" has been shown by Professor +P. Jensen(438) to include incised marks. Hence the penalty which was once +rendered "shear his front hair" is thought to mean "brand his forehead." +The Code fixes a severe penalty for the putting of an indelible mark on a +slave without his owner's consent. This could hardly be enforced for +merely giving the slave a bald forehead, like the Hebrew _peot_, or like a +"tonsure." The mark borne on the forehead by Cain, or by the "sealed" 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: "Of the woman Hipa, who is in the +hands of Sin-eresh. Sebat, eleventh year of Merodach-baladan, King of +Babylon."(439) 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(440) a slave marked by a sign on his ears and a +white mark in his eye. Both may denote natural marks.(441) A more definite +example is a slave "whose right hand has written upon it the name of +Ina-Esagil-lilbur";(442) and another "on whose left hand was written the +name of Meskitu."(443) 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. + +(M440) 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 of all such cases. A father and +mother sold their son;(444) a mother who had adopted two girls repudiated +them again;(445) a brother gave a younger brother as a pledge.(446) + +(M441) 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 +Misirai, "Egyptian," Tubalai, "man from Tubal." 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 +Nana-ittia.(447) 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,(448) and some even appear to have had +two.(449) + +(M442) 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. + +(M443) The slave had private property which was secured to him. He paid a +sort of rent for it. This was an annual fixed sum called his _mandattu_, +the same word as for the tribute of a prince to his overlord. In the case +of a female slave this was twelve shekels _per annum_. Further, he paid a +percentage on his profits.(450) 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. + +(M444) Here is an example illustrating one of the above points.(451) 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 "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." 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. + +(M445) That in the case of some slaves their value to their master +consisted in their _mandattu_ is clear from the fact when a master sold a +slave and did not at once hand him over, the seller had to pay a +proportional amount of this fee to the buyer.(452) 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 _per annum_, 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. + +(M446) 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 Ahinuri, in the thirty-fifth year of +Nebuchadrezzar.(453) In the next year we find him in the possession of +Piru, his wife Gaga, and a cousin Ziria. What they gave for him does not +appear. But they now sold him for twenty-three shekels to Nabu-zer-ukin. +He must have fled from his new master, for four years later, the same +three people pledged him.(454) But he seems to have been unsatisfactory as +a pledge. For next, we find that Gaga'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-balatu. 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 Bel-rimani. 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. + +(M447) 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. + +(M448) 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 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 _mandattu_ or income to the owner. Penalties +were fixed for neglecting to teach him properly. The trades named are +weaving, five years' term;(455) baking, a year and a quarter;(456) +stone-cutting, four years;(457) fulling, six years;(458) besides others +not yet recognized. + +(M449) 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. + +(M450) 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.(459) 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.(460) So in later times there are generally only one +or two in a household, but the number is occasionally much more. + +(M451) 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.(461) The Code estimates the average value of a slave as twenty +shekels.(462) 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. + + + + +XVIII. Land Tenure In Babylonia + + +(M452) 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.(463) 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 "house" had a wider signification than mere bricks and +mortar.(464) 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. + +(M453) 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.(465) + +(M454) 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, 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. + +(M455) 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. + +(M456) 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, +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. + +(M457) 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 _patesi_, 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 _patesi_, 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.(466) + +(M458) 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 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. + +(M459) 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,(467) 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.(468) +Their right existed or they would not be called upon to enter into a +contract nor to insist upon it. + +(M460) 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 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 _bitu epsu_, a "built-on plot" 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 "run away." + +(M461) The plot of land was the _bitu_, Hebrew _beth_, represented by the +Sumerian _E_. When it had the additional advantage of a house upon it, it +was _bitu epsu_, a "built-on plot." Gradually the edifice, in towns at +least, absorbed the whole significance, and in common parlance _bitu_ +meant a "house," 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 _bitu_ of a "lot" of slaves, or of a lot of land +including its slaves and cattle. That _bitu_ is to be referred to a root +_banu_, "to make," may still be true, though _banu_ cannot have come to +mean "build" when _bitu_ was formed from it. If _bitu_ was originally the +"house," 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 Bit Adini or the phrase, "House of Israel." But _bitu_, 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 _epsu_, marking the site "built upon." So a house +was "landed property"; land was of various sorts, one of which is "built +on land." To be accurate one must also specify the kind of building. + +The field was called _eklu_ (compare Acel-dama, "the field of blood"), +denoted by the Sumerian _A-SAG-GA_. The term does not denote open waste +land, but a cultivated plot. Indeed, it is probable that its Sumerian name +implies "irrigation." 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 _bitu_ as land, usually "_bitu_, so much _eklu_." + +The garden was reckoned as land, but here a fuller specification was +needed. For a plot of land, a garden, _kiru_ 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 "planted with such and +such a crop." 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 _bitu_, with the qualifications +enumerated. + +(M462) 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 +_Sitzungsberichte Berliner Akademie_, 1897, p. 417 f., and is completely +known. In this scale _1 GAN = 1,800 SAR_, _1 SAR = 60 GIN_, _1 GIN = 180 +SE_. We do not know how these words _GAN_, _SAR_, _GIN_, _SE_ were read; +they may be ideograms or Sumerian words. There was also a very large +measure of area, _3,600 GAN_, perhaps called a _karu_. Mr. Thureau-Dangin +has further shown that the _SAR_ was the square of the measure _GAR-DU_, +which seems at one time to have measured _12 U_. The _U_ is often taken to +be a cubit, but seems at this time to have been nine hundred and ninety +millimetres, which is sometimes called "a double cubit." On these +suppositions the _SAR_ 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 _GAR_ was only _12 U_, and the _U_, if a cubit, +would not be much over eighteen inches. This would make the _SAR_ a square +of about eighteen feet on each side. The fact that a _SAR_ 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.(469) + +(M463) The other system applied to land the names of measures of capacity +used for measuring crops. We read of so many _GUR_ and _KA_ of land, where +_1 GUR = 300 KA_, as shown by Dr. Reisner. We may guess that a _GUR_ of +land was so called because it took a _GUR_ of corn to sow it, or because +it yielded a _GUR_ of corn as an average harvest. These are mere guesses +and we must remain in ignorance until further evidence connects a _GUR_ of +land on one side with its length and breadth, or some other relation +between the _GUR_ and the _GAN_ can be deduced. Then we shall want to know +the size of the _GUR_ 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. + +(M464) 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 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. + +(M465) 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 _in situ_, for a modern survey of the country and +a reconstruction of its ancient history. As a rule they are splendidly +preserved. + +(M466) (M467) 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,(470) being buried in +the dust, placed where it cannot be seen, put in a house of darkness,(471) +erased and overwritten with other records.(472) 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 hanged, as a warning on a gallows erected above his own +house.(473) + +(M468) 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.(474) 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 _GUR_ of corn per _GAN_, the _GUR_ 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.(475) + +(M469) A celebrated passage in Sargon's cylinder(476) says, "according to +the interpretation of my name, Sharru-kinu, righteous 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,(477) a field for a field, where they preferred, I gave." That this +was no idle boast is proved from the tablet which records how Sargon, in +the year B.C. 713, having taken possession of some lands in Maganuba to +form part of his new city of Dur-Sargon, found that he was displacing an +old endowment given by Adadi-nirari 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.(478) He gave "field for field," 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, _kidinutu_, making +them render a monthly due to the temples, as before. + +(M470) 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. + +Thus, Nazimaruttash(479) presents a large estate to Merodach, and another +to Kashakti-Shugab, his servant. Kurigalzu(480) granted an estate to +Etir-Marduk for his conduct in a war against Assyria, and Bitiliashu +confirmed it. A coppersmith who fled from the land of Hanigalbat made a +fine specimen of his work for Bitiliashu, and the king rewarded him with a +grant of land.(481) Adadi-shum-usur made another grant of land to an +unknown servant of his.(482) Melishihu made a grant of land to his son, +Merodach-baladan I.,(483) and granted it exemption from all imposts. +Another grant he made to a servant of his.(484) So when Shamu and Shamua, +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 Bel, the king granted them an estate in Babylonia and freed it from +imposts.(485) Nabu-aplu-iddina granted an estate to a namesake of his, +which, however, seems to have been claimed as ancestral property.(486) +Melishihu granted lands to Hasardu, a servant of his.(487) +Merodach-baladan I. granted lands to Marduk-zakir-shumi.(488) +Marduk-nadin-ahi granted Adadi-zer-ikisha, for his services against +Assyria, lands in the district of Bit-Ada, which seem to have been +ancestral domains of one Ada.(489) Some fragments of clay copies of +similar grants by Adadi-nirari,(490) Tiglath-pileser III.,(491) +Ashurbanipal,(492) and Ashur-etil-ilani(493) 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. + +(M471) 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 +Tarim-ana-ilishu and Ur-belit-muballitat-mituti, was claimed by +Marduk-kudur-usur in the reigns of Adadi-shum-iddina and Adadi-nadin-ahi, +and finally granted him in perpetuity by Melishihu.(494) 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 Bit Sin-magir had secularized it. Bel-nadin-apli restored +it.(495) + +(M472) 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.(496) +Marduk-nadin-ahi in his first year remitted some obligations on an unknown +estate.(497) + +(M473) 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-shihu, +E-ulmash-sha-kin-shum, Nabu-aplu-iddina, and Nabopolassar at wide +intervals. There are, however, no lands concerned.(498) + +(M474) A very archaic tablet in the E. A. Hoffman Collection, the General +Theological Seminary, New York City, published in the _Journal of the +American Oriental Society_,(499) which seems to be older than the +celebrated Blau monuments and which Professor G. A. Barton would date +about 5500 B.C., deals directly with a presentation of land to a temple. +In it the area of the land is given in _GAN_ and the sides in figures +only, probably denoting the lengths in _U_. 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 _GAN_. This gives +the _GAR_ as roughly = fifteen _U_. + +(M475) 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. + +(M476) In the Code of Hammurabi we have proof of the existence of the +system. A man finds(500) 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, + + + "Six oxen, among them two cows; an irrigator, Amel-Adadi; two + tenders of an ox-watering machine, his nephews; three + watering-machines for oxen; a female servant who tended the + machines; half a _GAN_ of land for corn-growing; to Gimillu and + Ilushu-bani. 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." + + +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.(501) + +(M477) There are fewer data from the Assyrian period, but the frequent +loans, _ana puhi_, without any interest, at seed-time or harvest, may be +due to this relation between landlord and tenant.(502) + +(M478) The best example is to be found in the time of Cyrus,(503) where a +certain Shula proposes to take the fields of Shamash, in the district of +Birili, in the county of Sippara. It was sixty _GUR_ 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 _GUR_ of +corn as the temple share. + +Another good example from the time of Artaxerxes I.(504) relates to the +assignment of two trained irrigation-oxen and seven _GUR_ of corn for seed +by a member of the Murashu firm to three brothers, who undertake to pay +seventy-five _GUR_ of corn _per annum_ 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. + +(M479) 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.(505) 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.(506) The tenant was also to erect a _manahtu_, or "dwelling." It +was needful that he should reside on the 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 "cottage +in the wilderness" of Isaiah 1. 8. + +(M480) The tenant, of course, was bound to cultivate the land. The duties +which fell to his share were "to plough, harrow, weed, irrigate, drive off +birds,"(507) but these duties are but rarely stipulated. The Code protects +the tenant, however,(508) from any unfair compulsion in the matter, so +long as the landlord gets his fair rent. + +(M481) 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 _AB-SIN_, or _seru_, +and _KI-DAN_. The average rent for the former was eight _GUR_ of corn per +_GAN_; of the latter, eighteen _GUR_ per _GAN_. 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. + +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. + +(M482) 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 _GUR_ per _GAN_.(509) 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.(510) + +Contracts illustrating this form of lease are quite common in the time of +the First Dynasty of Babylon. + +(M483) 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 _zaku_. Land +sold is often said to be _zaku_, 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. + +(M484) 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.(511) 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 +owners to clean out the bed of the canal,(512) or by a levy for the +purpose. Soldiers, or at any rate, forced labor, might be used.(513) +Later, in the time of Nebuchadrezzar I., we find men, hired for the +purpose, called _kalle nari_, or canal laborers.(514) + + + + +XIX. The Army, _Corvee_, And Other Claims For Personal Service + + +(M485) There was always a militia, _Landwehr_, or territorial levy of +troops. Each district had to furnish its quota. These are called _sabe_, +or _ummanate_. We have no direct statements about them, but a great +multitude of references. They were called out by the king, _adki +ummanatia_, "I called out my troops," is a stock phrase. The calling out +was the _dikutu_. Not easily to be distinguished from this was the +_sisitu_ of the _nagiru_. That officer seems to have been an incarnate War +Office. It is not clear whether he always acted solely for military +purposes. The "levy" seems to have been equally made for public works. The +men were "the king's men," whether they fought or built. The obligation to +serve seems to have chiefly affected the slaves and the poorer men, the +_muskenu_. In the Code of Hammurabi(515) it was punishable with death to +harbor a defaulter from this "levy." + +(M486) Claims might also be made for work on the fields. This was called +_hubsu_ 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. + +The obligation to provide a soldier for the state was tied to a definite +plot, or at any rate, to all estates of a certain size. The _ilku_, 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 "bow," +_kastu_, in this fashion, was itself called a "bow" of land.(516) + +(M487) Some cities claimed for their citizens a right of exemption from +"the levy." 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 _dikutu mati_, _sisitu nagiri_, and _miksu +kari_.(517) The city had not known the _ilku dupsikku_. Later, we find an +officer, Tab-sil-esarra,(518) complaining that, when he was desirous of +doing some repairs to the queen's palace in Asshur, of which city he was +_saknu_, Sargon's freeing of the city had rendered the _ilku_ of the city +unavailable to him.(519) + +In the so-called "Tablet of warnings to kings against injustice,"(520) the +cities of Borsippa, Nippur, and Babylon are freed from _dupsikku_ and +_sisitu nagiri_. This was drawn up in the time of Ashurbanipal, 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 "levy." + +(M488) 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.(521) On all country estates, there +were a number of serfs, _glebae adscripti_, sold with the estate, but not +away from it. These, as the Harran census shows, often had land of their +own. But they were bound to till the soil for the owner. They included the +_irrisu_, or (M489) irrigator, the husbandman in charge of +date-plantations, gardens, or vineyards. From these were drawn the men who +served in the army as "king's men," 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.(522) + +The amounts of wool assigned to different cities to work up are the +subject of many tablets.(523) 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 _amat +sarruti_, or obligation to serve as "king's handmaid." 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 _Weberrechnungen_.(524) + +(M490) 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 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. + +(M491) 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. + +(M492) The most noteworthy obligation was what they call the _kablu_. This +has the same sign as so commonly used in the phrase, _kablu u tahazu_, for +"war and fighting." But it is also the ideogram for _sisitu_, the call of +the _nagiru_ to war or the corvee. There is no doubt that it indicates the +levy for war. The _rikis kabli_ 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.(525) +Again, a certain Bel-iddin had to find twenty-five shekels to pay a +substitute to go for him to the presence of the king.(526) Another man +paid the wages of a soldier for two years.(527) This was an _aes militare_. +In another case we find the _rikis kabli_ 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 _musapallatum_, twelve leather _mitu_, twenty-four shoes, thirty +_KA_ of oil, sixty _KA_ of bdellium sixty _KA_ of some aromatic, all as +equipment, _siditum_, to go to the camp (?). This may be described as _aes +equestre_.(528) So(529) the burgomaster of Babylon paid _rikis kabli_ 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. + +(M493) Besides the personal obligation to contribute "work," _dullu_, a +liability for contributions in kind, _ilku_, dues from the land, existed. +We are in the dark as yet as to the exact form these took. In the Code, +the _ilku_, or duty from an estate held as the benefice of an office, was +the fulfilment of the functions of the office.(530) The word does not seem +to denote contributions. But the word literally is what "comes" of any +holding, income, or what is "taken" from it. In a charter of +Melishihu,(531) 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 _dullu_ or _ilku_. 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. + +(M494) This is one of the most important dues from land. It was paid to +the temple. Some are inclined to see it in the _nisirtu_, from which many +charters exempt land; but others consider this merely a word for +"diminution," or levy in general. There is no means of deciding yet as to +the time at which the tithe first became a fixed institution. + +(M495) There seems to be no trace in Assyrian times of any payment of a +tithe. The tithe _rab esrite_, which has been rendered "tithe collector," +is more likely to be a commander of ten, a decurion.(532) + +(M496) 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.(533) 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.(534) 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 Bel, +Nabu, Nergal, and Belit of Erech.(535) + +(M497) 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 Mahaz-Shamshi.(536) In the time of Artaxerxes +I., Hilprecht has shown that in some cases "the bow" of land also paid +tithe.(537) + +(M498) 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. + +Tithe became property apparently and was negotiable. So at least appears +from Nebuchadrezzar 270. We thus have property in income from land. + +(M499) The various dues, _miksu_, seem to have been a sort of octroi duty. +They were levied at the quay, _miksu kari_, at the ferry, _miksu nibiri_. +They are only mentioned in the charters, granting exemptions from them, to +certain estates or their owners. Closely related to these were the +_mikkasu_, which seem to be some sort of due or tax levied upon all +_naturalia_, and even upon the dues which were paid into the temples. We +have frequent mention of them in later times, in the temple accounts. + + + + +XX. The Functions And Organization Of The Temple + + +(M500) 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. + +(M501) The importance of the temple was partially the result of the large +dues paid to it. These consisted primarily of a _ginu_, or fixed customary +daily payment, and a _sattukku_, 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 _ginu_ also included flesh of animals and +birds. In some few cases we have long lists of these daily dues, +accompanied by precious gifts in addition. The gifts were perishable, but +were accompanied by a note specifying them, and the good wishes or purpose +of the donor.(538) These notes were preserved as mementos of the donor's +good-will. + +(M502) Temples, however, also possessed lands which they could let. They +also held houses which they might let.(539) 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 +(_e.g._, the very early tablet referred to above),(540) 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, _et cetera_, 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 _Babylonische +Vertraege_ 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 _patesis_ did the same. But did a _patesi_ precede +a temple or _vice versa_? and did the first founder, or the town, grant +the first temple lands? + +(M503) 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. + +(M504) 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 +"the loins, the hide, the rump, the tendons, half the abdominal viscera +and half the thoracic viscera, two legs, and a pot of broth." The usage +was not the same at all temples. In the temple of Ashur and Belit at +Nineveh we have a different list.(541) For the parallels with Mosaic +ritual, and the Marseilles sacrificial tablet, see Dr. J. Jeremias, _Die +Cultus Tafel von Sippar_. The list was drawn up by Nabu-aplu-iddin, King +of Babylon B.C. 884-860.(542) + +(M505) 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.(543) This must be carefully distinguished from the _ginu_ and +_sattukku_ mentioned on page 208, which were constant and regular +supplies. + +(M506) The temple was also a commercial institution of high efficiency. +Their accumulations of all sorts of raw products 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. + +(M507) 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. + +(M508) 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 officials in one answered, man for man and office for +office, with those above. + +(M509) 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 +Bel-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. + +(M510) 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 Ashurbanipal is a great example of the magic-ridden kings. +Hammurabi apparently strove to put down magic. The eternal struggle +between the "science" (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? + +(M511) The priest proper, _sangu_, was a person of the highest rank. He +appears very little on the whole. His chief function was to act as +mediator between god and man, as over the sacrifice offered. + +(M512) He had public duties outside his priestly office. He inspected +canals.(544) He often acted as a judge. + +(M513) There was a college of priests attached to some temples, over which +was a _sangu mahhu_ or "high-priest." + +(M514) The general idea that _masmasu_, "charmer"; _kalu_, "restrainer"; +(?) _mahhu_, "soothsayer"; _surru_; _lagaru_; _sa'ilu_, "inquirer"; +_muselu_, "necromancer"; _asipu_, "sorcerer"; all properly "magicians," +are subdivisions of the general term _sangu_, 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.(545) + +(M515) The _kepu_, or "warden," was over the temple servants. He let the +temple lands. He inspected the temple slaves and work-people.(546) + +(M516) The _satammu_ was over the revenues. This name is clearly connected +with the _sutummu_ or storehouse. + +Certain officials, as surveyors or measurers, scribes, _et cetera_, 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. + +(M517) The temple kept its artificers, who had board and wages. It had its +serfs, or land laborers, not actual slaves, but free except for their duty +to the temple. They lived on the produce of their holdings, subject to a +fixed, or produce-rent. + +There were temple slaves, who performed the menial offices without wages, +but were clothed and fed. + +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, _et +cetera_; but it is far from easy to determine the exact degree of +dependence in each case. + +The temple even had its own doctor.(547) + +(M518) 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 "lay +brothers," or had become "clerics," as well as "clerks." But there is no +sign of celibacy. Even the priests were married. + +Attached to the temple were votaries.(548) 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 "clerks." 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.(549) + +(M519) 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. + +(M520) Great families took their clan name from their office; for example, +the Gula priests in later Babylonian times, or as the _mandidu_, +"measurer," or "surveyor," attached to a temple, became a clan name. + +(M521) 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. + +(M522) 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 Belit, and eight days in the shrine +of Gula as being the _namhar_ of Sin-imgurani and Sin-uzili.(550) This was +confirmed to them by a legal decision in the time of Rim-Sin. We read also +of a right to act as _satammu_, for six days per month, in the temple of +Shamash.(551) In later times the _mandidutu_, or surveyorship, to the +temple of Anu, Ib, and Belit-ekalli, exercised in the temple, storehouse, +and field, was sold, shared, and pledged.(552) 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.(553) The porter's post at Bab Salimu was given as a +pledge. Shares in these incomes were regularly traded in, sold, and +pledged. + +(M523) 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 +_ridu sabe_ and the _ba'iru_, 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, 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. + +(M524) Quite similarly the great state officials in Assyria had endowments +which were not personal, but went with the office. Thus we learn from the +Harran census that certain lands paid rent or crops to certain offices. + +(M525) 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 _GUR_ of corn, two _GUR_ +of dates, fifty _KA_ of wheat, six _KA_ of sesame, on every eighteen _KA_ +of land. When the corn and dates were harvested, on one _GUR_, six _KA_ +were levied. + +(M526) 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 Hammurabi we see that a temple +might be called upon to ransom a member of the town who had been taken +captive. + +(M527) In certain circumstances the king's officials might borrow of the +temples.(554) Thus Nikkal-iddina borrowed of the temple of Belit of Akkad +a vessel of silver, weight fifteen minas, when the Elamites invaded the +land. + +(M528) 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-shum-ukin sent the bribes to the King of Elam, Ummanigash, he +spoiled the treasuries of Merodach at Babylon, of Nabu at Borsippa, and of +Nergal 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. + +(M529) 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. + + + + +XXI. Donations And Bequests + + +(M530) 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. + +(M531) We may note as a common mark of all these transactions the care +taken to fix and define ownership. The transfer is "from" 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 _belu_ 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, _et cetera_. 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. + +(M532) 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 _donatio retento +usufructu_, which only gives a reversion of the property. Here also +certain rights may be reserved against the ultimate possessor. + +Another interesting point is that property may be credited to a man, and +set off against other liabilities, so that he 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. + +(M533) 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. + +(M534) 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. + +(M535) 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, 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. + +(M536) 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, "her +father's house," would maintain their claim at her death, unless they had +specially contracted to waive it. Then the clause was inserted that she +might "give her sonship to whomever she pleased," _asar elisa tabum +aplutsa inadin_.(555) By "sonship" is meant "heirship." 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. + +(M537) 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 "give it to him who loves and serves +her."(556) 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. + +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 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.(557) Similarly a +brother undertakes to give one shekel _per annum_ to his brother. Here the +grounds of the undertaking are not stated, but a contract to do this is +duly sealed and witnessed.(558) 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.(559) + +(M538) The husband might settle upon his wife a fixed amount of property. +This was frequently done and was called the _nudunnu_. It might include a +house, two maids, clothes, jewelry, and household furniture.(560) Here the +sons are expressly said to have no claim, she may give it to whoever +serves her and "as her heart desires." 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. + +(M539) 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.(561) A father +and his son give their daughter and sister a house, which she is free to +give to her son, "whom she loves."(562) Had the house merely come to 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. + +(M540) In Assyrian times, donation is rarely represented within the group +of documents which have reached us. Here is one case:(563) + + + The household which Bel-na'id gave to his daughter, Baltea-abate. + A house in Nineveh, before the great gate of the temple of + Shamash. (Then come the servants, a _saku_ or head man, a + washerman, a _saknu_, and others, male and female, in all eleven + souls.) Dated the fourteenth of Adar, in the Eponymy of + Marduk-shar-usur. Nine witnesses. + + +This may be donation, or adoption, or even a marriage-portion. + +At all times, a difficulty arises from the phraseology of the deeds of +gift. When we are told that "A has given B such and such things," we do +not know the ground of the gift. "To give for money," _nadanu ana kaspi_, +is the usual expression for "to sell." In the older documents _saraku_, +"to present," often occurs, but has in most cases the derived technical +sense "to dower," or "give a marriage-portion." Hence, we are not able to +judge whether what appears as "gift" may not really be "a sale," or some +payment meant to complete the portioning off of a daughter, on marriage or +taking vows. + +(M541) 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 _ina hud libbisu iknukma pani usadgil_, "in the joy of +his heart (_i.e._, of his own free will, implying that no consideration +was taken _per contra_) he has sealed and placed at the disposal of." As a +rule, we may suspect these to be "gifts" to which the recipient had a +right. Thus, mother to son,(564) brother to sister,(565) man to wife and +daughter,(566) mother to daughter,(567) are not free from suspicion. But +when a man gives maintenance to wife and son,(568) brother gives dower to +sister,(569) father-in-law gives son-in-law arrears of his daughter's +dower,(570) and wherever there is a hint that the "gift" was a _nudunnu_, +or a _seriktu_, we may regard the case as not properly "donation," but +"dower." + +(M542) The following example shows the limitations on free gift that still +remained in later times.(571) Zerutu had married and had a son, +Shapik-zeri. Then he had an intrigue with Nasikatum, daughter of the +Sealand scribe, who bore him a son, Balatu. He gave Balatu a house, but +did not adopt him. After Zerutu died, Shapik-zeri demanded the house as +his father's heir. The judges gave it to him and also the deed of gift. + +(M543) 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,(572) 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. + +As a further example of dedication by a private owner, we may take the +following:(573) + +(M544) + + + As temple of the god Lugalla (the king) and his consort Shullat, + Nur-ilishu, son of Bel-nada, has dedicated to his god one _SAR_ of + improved land, for his life (salvation), has devoted it to his + god. Pi-sha-Shamash shall be the priest of the temple. Nur-ilishu + shall lay no claim to the priesthood. The curse of Shamash and of + Sumula-ilu be on him who disputes the settlement. Seven witnesses. + + +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. + +(M545) Here is an example of a dedication of children:(574) + + + Tablet of Ishtar-ummi and Ahatani, daughters of Innabatum. + Innabatum, daughter of Bur-Sin, has dedicated them to Shamash. As + long as Innabatum lives, Ishtar-ummi and Ahatani 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.) + + +In another case, a mother dedicates her son to Shamash,(575) with the +stipulation that the son shall support her as long as she lives. + +(M546) In Assyrian times we have an example(576) 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(577) for the well-being of +Ashurbanipal, 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, Ahi-dalli, the lady governor of one +quarter of Nineveh, purchases a large estate and presents it to some god +"for the health of the king."(578) Votive tablets giving the presentation +of various articles to some god are common enough at all periods. + +(M547) 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 or vowed daughter power to leave her property as she will,(579) +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 _retento usufructu_, are a sort of testamentary +disposition of property. + +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. + +(M548) 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 "forever," only he is to retain the enjoyment of +it as long as he lives. He therefore expects his father to survive +him.(580) + +Here is another interesting example:(581) + + + The division which A made with his sons B and C. The benefice of + dagger-bearer (official slaughterer) in the Ishhara temple he + assigns to B. The benefice of the shrine of Papsukal in the temple + of Belit-shami-ersiti, situated on the bank of the canal, and the + sown corn-field on the Dubanitu 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 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 Ishhara, 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. + + +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. + + + + +XXII. Sales + + +(M549) 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. + +(M550) 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. + +(M551) 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 exist in our museums, it +has been usual to publish only one. + +(M552) 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. + +(M553) 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 "was sold," "the money paid," "in full," 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. + +(M554) 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 deed, in set terms, with a formula +consecrated by long use, every turn of which was important. + +The following is a good example of the way a scribe drew up a deed of +sale:(582) + +(M555) + + + Tappum, son of Iarbi-ilu, "has bought two _GAN_ of field, in the + Isle, next to the field of Hasri-kuttim, and the field of + Sin-abushu, son of Ubar-Ishtar, from Salatum, daughter of Apilia, + the _GI-A-GI_ (?) 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-mubalit and the city of Sippara, + they swore." + + +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. + +(M556) 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. + +(M557) 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 phrase-books called _ana +ittisu_. But many new forms occur in these deeds. + +(M558) 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. + +(M559) (M560) Very interesting are the references to earnest money, or the +gift presented to close the bargain. As early as the time of +Manistusu(583) 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.(584) As already pointed out by Meissner,(585) in the +purchase of a slave for four and a half shekels, a little present of +fifteen _SE_, 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.(586) 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 _atru_, or "over-plus." Thus we find that in the sale of a house in +the time of Nebuchadrezzar III.,(587) besides the "full agreed price," +_simu gamrutu_, of half a mina of silver, the buyer gave one shekel of +silver, _ki atri_, "as an addition," and "a dress for the lady of the +house." The whole payment thus made of thirty-one shekels was called the +_sibirtu_. 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, _ki +atri_, six shekels of silver and a dress for the lady of the house, making +three minas, eleven shekels of silver as the _sibirtum_,(588) or simply to +a price of two minas of bright silver he adds two shekels, _ki pi atar_, +making a _sibirtu_ of two minas, two shekels of bright silver.(589) + +(M561) 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.(590) 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 "Seven +shekels of silver for their seal." The price was about one hundred and +forty shekels. Thus the scribe received a fee of five per cent. on the +sale price.(591) 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 "one mina of bronze for their +nail-marks." There was but one scribe, and the price was fifty minas of +bronze.(592) 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 "the +authenticating subscription by the notary," but by the seller. + +(M562) 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 +_belu_, or "legitimate" 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, 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. + +(M563) 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 "his people." In some cases the _saknu_, or governor +of the district, is named, especially where slaves are sold, or the estate +involved the transfer of serfs. The _saknu_ 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 _hazanu_ 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 _rab hansa_, or +"captain of fifty," 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 ownership of land might lead to embarrassment of the +official. Hence, the _rab hansa_ was likely to intervene also. There was +service on public works also concerned in the matter. Whatever official +was _bel ilki_, or had right to "the levy," might intervene. The chief of +a certain district was called a _rab kisir_; he was also commander of a +section of the army, and he had the right to intervene. Other officials as +the _sapiru_, _kurbu_, 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. + +(M564) 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. + +(M565) 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 "devoting" +a child literally means to "burn." 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 "cedar wood of Ishtar" is named as +the spot where a daughter was to be dedicated. Further, other objects +might be dedicated as a forfeit. A great bow of bronze to Ninip of Kalhu +is named. + +A deterrent penalty was to return the price "tenfold" to the seller. Once +or twice the penalty is "twelvefold." 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 _agannu_ pot of some drink. That this drink was +taken from a bowl inscribed with magical formulae 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. + +(M566) 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 +_sibtu_ and _bennu_, 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.(593) + +(M567) 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: "Give me thy property and I will give thee so much +silver." Then we read that "B listened to him and gave A his property and +A gave him so much silver." It is a curious little touch of +verisimilitude. + +(M568) 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.(594) 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.(595) The interval might be two days only;(596) 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.(597) + +(M569) 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.(598) + +(M570) 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 _mandattu_, or +the income which a slave paid to his master.(599) + +(M571) A distinct case of fraud occurs(600) 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. + +(M572) 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 _Memoires de la Delegation en Perse_, 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:(601) + + + A field of seventy-three _GAN_, its price being two hundred and + forty-three and seven-fifteenths _GUR_ of corn, at the rate of one + shekel of silver a _GUR_ of corn; price in silver, four minas, + three shekels, and one "little mina," 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. + + +(M573) 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 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 _abrakku_, _nagiru_, _patesi_, +_Sakkanak_, 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. + +(M574) 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, _musu_, 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 _bitu_ to +mean "house," 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. + +(M575) These boundaries are of great interest both from the 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 _ugaru_ 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 _kablu_ or "girdle." + +(M576) Usually the plots are said to be in a city whose name is given. +Thus we conclude the close proximity of Lahi, Ishkun-Ishtar, Malgia, +Halhalla, 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, "the Amorite +land." 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. + +(M577) 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. + +(M578) 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 +_musu_ 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. + +Probably the house did not usually have an upper story; but, perhaps, as a +remarkable exception, an "upper house" 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 "within +the house." 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, _suke_, 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, they rose to the level of, and +finally above, the floor, so that there were steps leading down into the +house.(602) + +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. + +(M579) In the sale of a house it was often stated that the house was in +good condition.(603) 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,(604) 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(605) suggests that the modern theory of +interchangeable parts was anticipated in Babylonia, so that a door would +as a rule fit any house. 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 "roof" 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. + +(M580) Streets are more frequently named as boundaries of a house than in +any other connection. The "great street," or "wide street," 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 +Belit-nuhshi occur. They were named after people; Immerum the king, or +Kat-Ninsah, whose house adjoined the street named after him. The gate of +Sin and his garden are named. Canals, especially the _Nar tupsarruti_, the +_Nar Bilia_, are named. Roads, as that to Ishkun-Ishtar, are sometimes +given. + +(M581) The following is a good example of a deed of sale at the time of +the First Dynasty of Babylon,(606) translated literally and illustrating +the usual order of words: + +One and two-thirds _SAR_ of land built on, +next to the house of Nabi-ilishu, +and next to the house of Ilushu-ellatzu; +upper end, the house of Haiabni-ilu, +its exit to that of Immarum, +_sar irbitim_ +which is his own also; +from Nabi-ilishu, +Lamazi, the votary of Shamash, +daughter of Kasha-Upi, +by her written order +has bought, +its full price +in cash has paid. +In future, party with party, +they shall not dispute. +By the name of Shamash, of Marduk, +and of Apil-Sin they have sworn. + +Then follow the names of five witnesses, but there is no date given. + +(M582) The house was in Sippara, since it is known that Nabi-ilishu +resided there.(607) The "exit," that is to say, the front door, opened on +the road to the house of Immarum. The scribe means to say that +Haiabni-ilu, who was a neighbor, owned the house of Immarum. It appears +that Immarum was _sar irbitim_, "king of the four quarters," 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-la-ilu. It is not necessary to suppose him still alive. This deed was +executed in the reign of Apil-Sin, whose father, Sabum, had reigned +fourteen years after the death of Sumu-la-ilu. Further, one of the +witnesses, Sin-ublam, is said to be a son of Immerum. + +Thus we may conclude that Immarum, or Immerum--the difference in spelling +is slight for these times--King of Sippar, bore the title of "king of the +four quarters," 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 Amnanu of the goddess Anunitum, Sippar Edinna, +and Sippar Ihrurum are named in the tablets of this dynasty. Perhaps the +four quarters of Sippara are meant. + +Lamazi, the buyer, daughter of Kasha-Upi, votary of Shamash, bought +another house in the nineteenth year of Sinmubalit,(608) borrowed a +quantity of lead in the first year of Hammurabi,(609) and bought a female +slave in a year of Hammurabi's reign, the date of which is not yet +fixed.(610) 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.(611) + +(M583) The phrase _ina sapirisa_, "by her order," occurs often. It implies +that Lamazi acted through an agent, when she borrowed the lead, she acted +through a _mar sipri_, 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,(612) where we learn that the latter was a son of +Shamash-ina-matim and brother of Kasha-Upi. Lamazi was therefore a niece +of Nabi-ilushu. + +(M584) 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 _SAR_ was four shekels, the highest thirty +shekels. This gives a wide margin. + +(M585) 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(613) and may be taken as a representative +specimen: + + + The house of Ina-eshi-etir, son of Nabu-etir, a well-built house, + furnished with door-frames, a roofed house, the door and crossbar + of which are firm, in the quarter of Bit Kuzub-shame-ersiti, which + is in Erech; upper side next Sula, Nabu-nasir and Bel-ahe-erba, + sons of Eteru; lower side next Ereshu, son of Shama; upper end + next Silla, son of Nabu-ahiddin; lower end next Ereshu, son of + Nabu-belani; on each side the house of Ina-eshi-etir, son of + Nabu-etir, 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-eshi-etir + 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 Ashurbanipal. + Ina-eshi-etir has impressed his nail-mark in lieu of a seal. + + +(M586) 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 _tar-basu_ or "court" is named. This was +perhaps an attached walled enclosure. + +It is the name given in the Code to the fold where sheep and oxen are +kept.(614) Vines might grow in it,(615) and butter was kept there. A _bit +kutalli_, or out-house, is named. Often _bit rimki_, or "wash-house," is +also mentioned. This was a chamber within the house, and may be rather +meant for lustration, than for ordinary washing. One house had three of +these rooms.(616) Sometimes there was a _buru_, a "well," or cistern, +within the house.(617) A "shop," or _bit katati_, was often attached.(618) +Stables, _bit abusate_, are named.(619) What is meant by _bit irsi_ is +difficult to determine, perhaps some chamber fitted with beds and +couches.(620) The _bit akulli_ had a well in it, but what it was is not +clear.(621) The _bitu elitu_(622) may be an "upper story." If so, most +houses were one-storied only. + +(M587) Another interior apartment is called a _kimahhu_. This has usually +been taken to be a "tomb." 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. Ashurbanipal's charter to his faithful general +and tutor-in-arms, Nabu-shar-usur,(623) 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. + +A "portico," _bit mutirreti_, is named once.(624) Beside the "great +house," _bitu dannu_, or _bitannu_, a "second house," _bit sanu_, is +mentioned. The exit from the house, _musu_, a way to the street, was often +named, being very important where the house was bounded on four sides by +others. + +(M588) 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. 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. + +(M589) Contrary to the practice in Babylonia, the size of the house is +rarely given. We have the size of the _bitu akulli_ given, in one +case,(625) 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.(626) + +(M590) 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. + +(M591) A number of other buildings or parcels of land were sold with +houses or separately. Thus, we read of a _papahu_, or chamber, which was +beneath an adjoining beer-shop.(627) The beer-shop is often mentioned, and +was a state-regulated institution. + +(M592) A term which was long somewhat of a puzzle, the _ki-gallu_, usually +written _E-KI-GAL_, or _E-KI-DAN_, is shown definitely by the Code(628) 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 _GUR_ per +_GAN_. But it might also lie in a city bounded on four sides by +houses,(629) 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 +_SAR_, but might be as high as eight shekels per _SAR_.(630) + +(M593) Another common object of sale was a building called _E KISLAH_, +shown by the Code(631) to be really a "granary," or barn, read _maskanu_. +These are usually in the city, and the prices paid for them varied from +one-third of a shekel(632) to fifteen shekels(633) per _SAR_. They might +be surrounded by houses on all four sides, or by a canal, road, and +street.(634) + +(M594) These examples serve to show that _bitu_ as often denoted a "plot" +of land as a "house."(635) In Assyrian times we find the same usage. A +fairly common object of sale is what I take to be a "fuller's field," or a +"bleaching ground," _bitu kakkiri puse_. 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.(636) + +(M595) The gardens in the time of the First Dynasty of Babylon are +generally said to be planted with dates, and sold for "full" price. Once +two shekels are given for a garden of fifteen _SAR_. + +(M596) 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 _isu tillit_, almost certainly "the +vine." Hence, we may regard them as "vineyards." The number of plants in +them is often given, being as high as two thousand four hundred.(637) Of +other plants grown in a Babylonian garden we can recognize with more or +less certainty in The Garden Tablet,(638) garlic, onion, leek, kinds of +lettuce, dill, cardamom, saffron, coriander, hyssop, mangold, turnip, +radish, cabbage, lucerne, assafoetida, colocynth. + +Other gardens are said to be _kiru urkitu_, "vegetable gardens." In later +times the date-plantations are continually in evidence. Beyond the +specification, "planted with dates," and certain obscure references to the +condition of the crop at the time of sale, there is nothing to be noted. + +(M597) The sales of fields are very numerous. They were usually situated +outside the city walls, in the _ugaru_, or townland. They were not, +however, reckoned outside the "town." 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 _ugare_ are named; but as a +rule, the names do not explain themselves. Thus, Azarim, Higanim, and +Shikat Malkat may be named after persons or temples. Other names, like +Shutpalu, Nagu, Ible, Tapirtum, may well be significant. Certainly, +Ebirtim appears to mean "across" the Euphrates. Once the field is said to +be in Sippara,(639) once in Halhalla,(640) but we cannot press these +statements to mean "within the walls" of those cities. Usually, the +boundaries of a field are four other fields, with now and then a road, or +canal. The price per _SAR_ varied from one-thirtieth of a shekel(641) to +more than a mina. Very frequently, indeed, the price is simply said to be +"full." + +(M598) The fields in Assyrian times are often mentioned. Nearly always +when a field, _eklu_, is sold, it is somewhere else referred to as _bitu_, +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.(642) The +accessories of a field may be named. Sometimes it was corn-land, _se zer_, +part was _tabru_, "open land," part _adru_, enclosed by a wall or fence. +Pits or wells, canals or ditches, courts or folds, occur frequently as +adjuncts of a field. + +(M599) Larger estates are built up of the simple elements which we have +noted. Sometimes the estate was so large as to be styled a "city," _alu +se_. These "cities" 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 "hamlet." A large estate, +with a few people on it, obviously its bailiffs and the serfs of its +landlord, constituted the _alu_. Hence, this term, like _bitu_, 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. + +(M600) 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.(643) + +Professor Oppert, Dr. Eisenlohr, M. Thureau-Dangin, and others have +discussed at length the plan of a field,(644) 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.(645) + + + + +XXIII. Loans And Deposits + + +(M601) In the first epoch there are many examples of loans. The +characteristic word _SU-BA-TI_, or _SU-BA-AN-TI_, which means "he has +borrowed," has been used as a title and they are often called _SUBATI_ +tablets. They are the receipts given for the loans by the borrowers. Here +is an example: + + + "Sixty _GUR_ of corn, royal quality, from L have been received by + B." Date. Seal of borrower. + + +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. + +(M602) 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.(646) 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. + +(M603) Advances of all sorts were freely made both with and 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. + +(M604) A very large number of loans take the form of _Abstract +schuldscheine_, loans without statement of any cause for the debt. They +are merely promises to pay, that is, acknowledgments of indebtedness. Thus +we read: "Five shekels of silver which A has given to B. On such a date B +shall pay five shekels of silver to A." A penalty may be added for not +paying on the fixed date. Usually this takes the form of interest. The +rate is one shekel _per mina_ each month, or twelve shekels _per mina +yearly_, 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. + +(M605) 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.(647) The time was usually short--fifteen days is +named.(648) 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, and was to be repaid with interest of three _GUR_ of corn.(649) So +half a mina for certain land to be paid, when the land was +cultivated.(650) + +(M606) Another reason for borrowing was the need of money to pay taxes, +_ana ilkim suddanim_.(651) 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.(652) Here the "sealed tablet" 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. + +(M607) In several cases the god is represented as lending the money. It is +obvious that such advances were made from the temple treasury.(653) 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. + +(M608) 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 _kanku;_ literally "sealed." 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.(654) But it may be that _kanku_ means "sealed for," that is, +acknowledged by the receipt. + +(M609) 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,(655) or a +month.(656) Interest is sometimes demanded, at the rate of _one hundred KA +per GUR_, or one-third, that is, _thirty-three and a third per cent_. This +was probably the rate _per mensem, four hundred per cent. per annum_. But +in one case the interest is _one hundred KA per GUR per annum_,(657) once +it is expressly said to be nothing,(658) usually it is not referred to at +all. Sometimes a loan was partly in money, partly in corn.(659) + +(M610) 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. + +We may take, as an example of this kind of transaction, a rather more +complicated case:(660) + +(M611) + + + Two and seven-thirtieths of a _GUR_ of corn, Shamash standard + measure, which Ilu-kasha, son of Sharru-Shamash, gave to Belshunu, + Ilushu-abushu, and Ikash-Ninsah. Ilu-kasha brought the corn and + returned one _GUR_ and one-tenth and took for himself two hundred + and twenty _KA_. Later he paid one-tenth of a _GUR_ to + Ilushu-bani, Ikash-Ninsah, and Shumma-Shamash, and they remitted + in all three _GUR_, the former and later debt. + + +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. + +(M612) 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 B1 +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 Suti 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 Suti +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 "setting a thief to catch a thief"? Perhaps it was necessary to employ +a Suti as custodian, of course at a salary, if one was to preserve the +crop from the depredations of his fellow-tribesmen. + +Some of these tablets expressly state the amount of corn loaned, giving +the date for repayment.(661) Hence we see what a narrow margin divides the +proper bond from the mere receipt, or even the memorandum of the loan. + +(M613) 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:(662) + + + One talent of wool belonging to the palace, price ten shekels of + silver, property of Utul-Ishtar the _abi sabe_, which Ishme-Sin, + son of Sin-bel-aplim, Marduk-mushallim, son of Sin-idinnam, + Ilushu-ibni and Belshunu, 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. + + +Elsewhere the time of loan may be stated, two months for example.(663) 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. + +(M614) In the Assyrian examples of money-loans the same general features +constantly recur. The most common are loans _ana puhi_, which may be taken +to mean "for consideration," as the word _puhu_ means an "exchange." 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. + +(M615) The rate of interest charged as a penalty for non-payment or late +payment was _twenty-five per cent. per mensem, three hundred per cent. per +annum_. This interest was intended 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 +_ana puhi._ + +(M616) The interest on corn was _thirty KA per homer_. Some think the +homer had sixty _KA_, which would make the interest fifty per cent. But no +case has yet been found which gives the number of _KA_ in a homer. + +(M617) 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 "Ishtar heads," 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. + +An example is the following:(664) + + + Sixteen shekels of silver, from A to B, _ana puhi_, 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 Bel-ludari. Three witnesses. + + +(M618) 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 Ashurbanipal's chief steward to four +men, _ana puhi_. 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, B.C. 664. Thirteen +witnesses. Such a loan seems to be on the metayer system.(665) + +(M619) Here again we have an exceptional case:(666) + +L lends two dromedaries, "which they called double-humped," 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, B.C. 674. + +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. + +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, B.C. 673. The same lender +had lent seventy-two sheep to two other men, in Sivan, B.C. 680. They had +to return the sheep in Ab, or pay for them at the market-rate in Nineveh. +Bel-eresh acted as agent for the borrowers.(667) + +(M620) 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:(668) + + + 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, B.C. 674. Five witnesses. + + +Again:(669) + +(M621) + + + L advances six homers of pure oil, price ten _KA_ 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, + B.C. 681. Six witnesses. + + +We may deduce the interesting fact that Esarhaddon was at Carchemish in +Ab, B.C. 681. The advance was made for the use of the royal household +there. + +(M622) Advances of corn were made exactly as in the earlier times. +Thus:(670) + + + L advances thirty homers of corn to D, the messenger from the city + of Maganisi, by the hands of E, a colonel in the army. He shall + pay the corn in Marchesvan, in the city of Maganisi, or pay the + full value of it in Nineveh. Dated the seventeenth of Sebat, B.C. + 665. Eight witnesses. + + +(M623) 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 _Assyrian and Babylonian Contracts, with Aramaic +reference-notes_. + +(M624) Thus the above example bears the words in Aramaic, "_barley, +assignment, which is from Nabu-duri._" 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. + +(M625) (M626) 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 _ana +puhi_,(671) which supports the view that the meaning of this phrase is +really "for management expenses" and presupposes the metayer system. + +(M627) 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:(672) + + + 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, B.C. 683. Three witnesses. + + +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:(673) + +(M628) + + + Bahianu advanced two homers of corn, for food, to Nabu-nur-nammir; + and one homer each to Latubashani-ilu and Sabutanu, _ana puhi_. + Dated the twenty-ninth of Elul, B.C. 686. + + +And we find also:(674) + + + Sabutanu and Latubashani-ilu repay each one homer. Nabu-nur-nammir + does not repay. Dated Iyyar, B.C. 685. + + +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. + +(M629) In one case we have a receipt for a fine, or damages, imposed by a +law-court. Thus:(675) + + + Forty minas of bronze, without rebate, which the _sukallu_ imposed + as a fine. Paid to the _sakintu_. Dated the tenth of Adar, B.C. + 693. Four witnesses. + + +There is no statement who owed, or paid, the fine. But the lady governor +who received the money gave this receipt for it. + +(M630) The Code makes very clear the legal aspect of this transaction. A +minor or a slave could only deposit under power of attorney.(676) A +deposit was not recoverable unless made by a deed, or delivered in +presence of witnesses and duly acknowledged by a receipt.(677) 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.(678) For corn, the Code fixed a yearly fee for warehousing +of one-sixtieth the amount deposited.(679) + +(M631) 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:(680) + + + Ten shekels of silver, which according to a sealed receipt was + deposited for the share of Sili-Shamash, he has taken from + Sili-Ishtar and Amel-ili, his brothers. His heart is contented; he + will not dispute. Oath by Hammurabi, the king. Seven witnesses. + Fourth year of Hammurabi. + + +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. + +(M632) 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,(681) 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:(682) + +(M633) + + + "Concerning the silver which Zikrum and Sabitum gave to + Sili-Ishtar on deposit. They have received it; their hearts are + content. They gave up their bond and it was broken." + + +Instead of a receipt by the recipient there is often found a list +concluding with the word _apkida_, "I have intrusted." 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 _Saison de fouilles a Sippar_.(683) + +(M634) 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. + + + + +XXIV. Pledges And Guarantees + + +(M635) Very little is known about pledges in early times, though Meissner +had argued for their existence from certain passages of the series _ana +ittisu_, such as "on account of the interest of his money he shall cause +house, field, garden, man-servant, or maid-servant, to stand on deposit"; +followed later by, "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."(684) 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. + +(M636) The Code recognizes the taking of property in satisfaction of a +debt.(685) 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. + +(M637) 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. + +(M638) 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 +"in lieu of interest." 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:(686) + +(M639) + + + The lady Addati, the _sakintu_, 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, Kandilanu 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, B.C. 694. Ten witnesses. + + +The point about the phrase, "exact sum," 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 undertakes to +accept repayment and release the pledge at any time. + +Again:(687) + +(M640) + + + The lady Indibi 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 Bel-ahe, next to that of Habasu, next to that of + Si'banik, next to that of the chief scribe; also these slaves, + Dari-Bel, his wife, three sons, and two daughters, along with his + household, four fat cows (?); Hudi-sharrutu 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, + B.C. 688. Six witnesses. + + +Or again:(688) + +(M641) + + + Five homers of land belong to D, in the city Kar-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, B.C. 680. + + +In the following case a maid is assigned outright for a loan. It is +doubtful whether this is a sale, or a pledge:(689) + +(M642) + + + In lieu of money, Belit-ittia, the maid of the _sakintu_, is + assigned to the lady Sinki-Ishtar. As long as she lives, she shall + serve her. Dated the fourteenth of Iyyar, B.C. 652. + + +(M643) A very similar case occurs in the loan of corn and a cow by the +_bel pahati_ of the Crown Prince, to a certain Nargi of the city of +Bamatu. Nargi 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.(690) + +Antichretic pledge was very common in later Babylonian times. The most +typical examples are houses. The lender (M644) has a house in pledge. To +him it is rent-free until the loan is repaid. Hence the common phrase +"rent is nought, interest is nought." There was then no reckoning made one +against the other.(691) 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.(692) + +(M645) 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.(693) + +(M646) 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. + +(M647) 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.(694) 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.(695) + +(M648) Such pledges give an eventual possession. Something like a +reversion occurs in the pledge of a share not yet divided.(696) 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.(697) 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.(698) + +(M649) 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. + +(M650) 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. + +(M651) Thus L makes an advance _a_ to D and receives a pledge _p_. He may +then pledge both _a_ and _p_. If these are given to two separate persons, +_a_ to A and _p_ to P, then P has a cause for uneasiness. If D comes in +and pays up _a_, he has a right to the pledge _p_ 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 _a_ 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 one amount. Either A or P may suffer. But if L pledges both +_a_ and _p_ 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. + +(M652) 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:(699) 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, "rent nothing, interest +nothing." 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. + +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 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.(700) + +(M653) 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. + +(M654) 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.(701) 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.(702) The guarantor +was legally protected against the defaulting debtor.(703) + +(M655) 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.(704) 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 "for +the foot of" the person thus indorsed. The "foot" is said to be in the +"hand" 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 _GUR_ of dates. Here G is the mother of D.(705) So, +probably on account of debt, G guarantees for the foot of D, his +son-in-law, from the hand of L;(706) 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.(707) Or, G guarantees for D and E that +they will not leave for another place. If they do, he will pay six +minas.(708) + +(M656) 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.(709) + +D owed L a debt. L ceded this debt to M, but had to guarantee that D will +come and pay.(710) + +(M657) 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.(711) This is one of the commonest forms of guarantee. The debt could +then be recovered in its entirety from either. + +(M658) An example of a guarantee against theft is also found.(712) + +(M659) 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. +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. + +(M660) 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. + +(M661) 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.(713) + + + + +XXV. Wages Of Hired Laborers + + +(M662) 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. + +(M663) 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. + +Reapers for the harvest had half a shekel,(714) or two shekels,(715) each. +The first may be the daily wages, the latter the price for a specific job. +It is probable that the _GUR_ of corn for ten days also represents the +wages for the whole period.(716) + +(M664) Average wages have been estimated by Meissner(717) 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 +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. + +(M665) 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 _KA_ 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 _KA_, +and for a whole year the wages might be over six hundred _KA_, or even as +much as three _GUR_, or nine hundred _KA_.(718) The Code names ten _KA_ as +daily wages. The average value of a _GUR_ 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. + +(M666) 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.(719) + +(M667) 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. + +(M668) 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 had to compensate the master. +Occasionally the slave clothed himself,(720) and then his wages were +higher. + +As an example we may take the following:(721) + + + Namir-nurshu from Rutum, Rish-Shamash, son of Marduk-nasir, for + wages, for one year, has hired. His wages for one year, + twenty-four _KA_ 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 Hammurabi. + + +(M669) 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.(722) 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: + + + Shamash-bani-aplu, Latubashani, Ukin-abia, Ahu ... in all four + workmen. Two talents of bronze, three homers one _SE_ 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, B.C. + 734. + + +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. + +In later Babylonian times we do not obtain much further information. Here +is a good example:(723) + + + From the twentieth of Nisan to the tenth of Ab, Zamama-iddin, son + of Shamash-uballit, son of the smith, shall be at the disposal of + Nabu-usallim, son of Limnia, 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. + + +The hire is nearly thirty shekels a year, as in the next example:(724) + + + Bulta, son of Habasiru, son of the oxherd, has put himself in the + hands of Marduk-nasir-apli, son of Itti-Marduk-balatu, son of + Egibi, for wages of half a mina of silver for one year. From the + first of Sebat shall Bulta be at the disposal of + Marduk-nasir-apli. Bulta has received one-third of a mina of + silver from Marduk-nasir-apli. + + + + +XXVI. Lease Of Property + + +(M670) 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 Tirka, a +house belonging to gods Shamash, Dagan, and Idur-mer is published by M. +Thureau-Dangin in _Revue d'Assyriologie_.(725) It belonged to the King of +Hana, 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-mer +and Isar-lim the king. The names are very interesting--Igid-lim, an +official of the god Amurru; Idin-abu, king's son; Ili-esuh, a judge; +Idin-Nani, son of Idin-Marduk; Sin-ukur, son of Amur-sha-Dagan; +Iazi-Dagan; Turi-Dagan; Silli-Shamash. These prove that the land of Hana, +already known by a votive offering of one of its kings, Tukulti-mer, 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 Hana may +have been different from that in Babylonia at the same epoch. + +(M671) 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 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. + +(M672) 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,(726) 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. + +(M673) 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. + +(M674) 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. + +(M675) The landlord was in a very real sense a partner with his tenant, +though he may be described as a "silent partner". + +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. + +(M676) In hiring a field it might be stipulated that the lessee should +place a dwelling upon it,(727) _manahtu ana eklim isakkanu_. Here the +field was at a distance from the city, "beyond the upper stream." 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. + +(M677) There were two sorts of land. That called _AB-SIN_ or _seru'_, +seems always to have paid six to eight _GUR_ of corn per _GAN_. The other +sort, _KI-DAN_, probably read _kigallu_, 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 _GUR_ per +_GAN_, but some land is rented at seventy-two _GUR_ per _GAN_.(728) + +(M678) 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 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, "so much each," but whether "each +person," "each day," "each month," or "each year" 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. + +(M679) (M680) 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 Kalah, 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. + +Dr. T. G. Pinches gave a transcription and translation of the text in the +_Journal of the Royal Asiatic Society_, 1897, pp. 589 ff., with many +interesting and valuable comments: + + + Six homers of corn [land] belonging to Ishtar-KI-TIL-LA, son of + Tehip-TIL-LA, Kibia, son of Palia, Urhia, son of Ithip-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, + Kibia, Urhia, and Irishenni shall transport the crop of three + homers of land and shall deliver the same in caldrons. If Kibia, + Urhia, 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 Ahli-Teshup, son of Taishenni; before + Ukuia, son of Geshhai; before Shellu, son of Wantia; before + Kushshu, son of Hulukku; before Durar-Teshup, son of Gil-Teshup; + before Ahli-Babu, the _hazanu_, son of Nubananu; before Zinu, son + of Kiannibu, the scribe. + + +(M681) 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 _TIL-LA_ suggests that that group of +signs is separable. If so, the signs read Ishtar-_KI_ may perhaps be +ideographic also. It is evident that Tehip is from the same root as Ithip, +and the form looks Semitic. + +Kibia, Palia, Urhia are Semitic, but Irishenni and Taishenni remind one of +the Erisinni, of the son of U'alli, King of the Mannai in Ashurbanipal's +time. Still, neither can be said to be non-Semitic with certainty, when we +recall the many names ending in _enni_ or _inni_ formed from verbs and +compare the names formed from _eresu_, _eresu_. Names containing the name +of the god Teshup were known long ago, as Hu-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 god, +who was the sky-god among the pre-Semitic peoples of Mesopotamia + +Here we have Ahli-Teshup, Gil-Teshup, and Durar-Teshup. With the former, +Professor Hommel compares Ahlib-shar. With the next compare the Mitanni +name Gilia, also Gilua. Ahli-Babu is a closer parallel. + +Of the other names, Shellu, Kushshu, Hulukku, 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. + + + + +XXVII. The Laws Of Trade + + +(M682) The oldest form of business in Asiatic life is _commenda_: 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 _tamkaru_, usually rendered +"merchant," and the latter is _samallu_, often rendered "apprentice." 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 _magaru_, or _makaru_, with a meaning "to +traffic" (?). 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. + +(M683) 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. 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. + +(M684) This kind of trading was regulated by the Code.(729) 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. + +(M685) From the contemporary documents we learn that the name for the +business was _girru_. That this was also the name for an "expedition," +warlike as well as peaceable, points to its connection with the caravan +trade. The sign for _girru_, also used for _harranu_, a "journey," 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: + + + One shekel of silver, price of one hundred and eighty _SE_, and + three shekels of silver which Zuzana lent Apla son of Edishu, for + five _years_, to enter on his _girru_. He shall pay one hundred + and eighty _SE_ and three shekels of silver to take back his + sealed receipt.(730) + + +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 Apla 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 "one year." The agent appears to have often borne the name of +_muttalliku_, "one who wanders about," "a hawker." The same may be denoted +by _AH-ME-ZU-AB_, a group of signs whose reading is not yet clear, but may +be a variant of the ideogram for _samallu_. + +(M686) Business was also done, as the Code shows, as speculation in +futures. Thus(731) we read: + + + Sibbat-ase-iddina hired as "business" the produce of a field from + three men. The produce of the business was to be three and + seven-fifteenths _GUR_ of corn, according to the standard measure + of Shamash paid in Kar-Sippar, and one shekel was to be profit. + + +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 "business," a +specified amount should be paid. + +(M687) We learn from many hints, that caravan trade was always active. The +name of Harran in Mesopotamia is supposed 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. + +(M688) 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 "to buy and sell." It was given _ana harranu_, "for hawking +trade." Then whatever profit was made upon the money, the agent "will +give" 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. + +(M689) 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.(732) + +(M690) 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.(733) We read of fees for building or navigating various ships.(734) +The responsibilities and damages in collisions and wrecks are +apportioned.(735) 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 _GUR_ of corn yearly. There are +frequent references to ships in the contemporary letters.(736) They were +named according to their carrying capacity, which was five or more _GUR_. +A ship of seventy-five _GUR_ is named. They carried wood, for King +Hammurabi ordered seven thousand two hundred pieces of _abba_ 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.(737) There is a case of the hire of a boat of six +_GUR_ freight by two persons for two months.(738) + +(M691) 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(739) in which booty was brought +from somewhere. + +(M692) 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:(740) + + + 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 + _KA_ of dates for the rations of the two boatmen. + + +Thus the receiver paid carriage and expenses. The daily hire of a boat is +now one shekel, and the wages of the crew amount to half as much.(741) A +boat might be bought for twenty shekels or half a mina.(742) 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.(743) + +(M693) 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.(744) 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. + +(M694) The Code contemplates consignments being sent from a great +distance, even from abroad.(745) It regulates the charges for a wagon, +with oxen and driver,(746) or a wagon alone.(747) There are several cases +in the contracts of the hire of wagons, for varied prices per year, +one-third of a shekel(748) to twelve shekels;(749) 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. + +(M695) In Assyrian times we find it part of the duty of a founder of a +city to open up the roads leading to it.(750) 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. + + + + +XXVIII. Partnership And Power Of Attorney + + +(M696) 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, _pro rata,_ +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. + +(M697) The name for a "partner" is _tappu_, and the sign _TAP_ serves as +ideogram. This sign consists of the two horizontal strokes used to denote +"two," and may have been used to denote "union," or partnership, and so +from its name _tap_ have given rise to the name for "partner." In the new +Babylonian times the ideogram is the sign usually read _harranu_, 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 _girru_, +when denoting "business," undertaken in association. Later the dualism of +the partnership was marked by the addition of the dual sign to _harranu_. +That both _harranu_ and _girru_ are used as words for "way," "journey," +"expedition," 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. + +(M698) To make a partnership, _tapputam epesu_,(751) it seems that each +partner contributed a certain amount of capital, _ummanu_.(752) 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. + +(M699) 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. + +(M700) The Code has nothing to say as to partnership, unless its +regulations on the point were embodied in the lost five columns. + +A good example of partnership documents is the following:(753) + + + Erib-Sin and Nur-Shamash entered into partnership and came into + the temple of Shamash and made their plan. Silver, merchandise, + 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 Hammurabi, they swore. Then follow seventeen + witnesses. The document is not dated. + + +(M701) The word for plan, _temu_, means the basis of partnership, that is, +its terms. Here it was "share and share alike." The phrase _babtum_, +"merchandise," includes all the material in which they traded, excluding +the living agents. The phrase _sa harranim_, literally "on the road," may +well have denoted the merchandise not in warehouse, but in circulation. +Whether _harranu_ actually referred to a caravan may be doubtful. We often +read of goods _sa suki_, "on the street," in the same sense, "out on the +market." If the partners dealt in corn, and had a quantity lent out on +interest, that was _sa suki_. Whether a distinction between _sa harranim_ +and _sa suki_ 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, _sa +suki_ would be more suitable. The gate of the city was a market, and money +or goods _sa babi_, "at the gate," was as we should say "on the market." +In contrast to these phrases, _ina libbi alim_, "in the midst of the +town," answers to our "in stock." While the term _mitharis_ literally +means "altogether," "without reservation," it implies exact equality of +share. The _amatu_ was the "word," 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 "from mouth to +interest" is very idiomatic. The "mouth," or verbal relationships, +included all they said, the terms they agreed upon. The word "interest" +here replaces the more usual "gold;" both mean the "profit," or the +balance due to each. Usually we have the words "is complete," the idea +being that no verbal stipulation has been overlooked, no money or profit +left out of reckoning. + +(M702) 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. + +(M703) 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. + +(M704) 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:(754) + + + One mina which A and B have put together for common business. All + that it makes is common property. + + +Or thus: + + + Two minas each, A and B, have as _harranu_. All that it makes, in + town and country, is in common. Rent of the house to be paid from + capital.(755) + + +(M705) 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 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:(756) + + + 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. + + +It is not unlikely that each slave was to look after his own master's +interests. For we read:(757) + + + 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. + + +Even women entered into business as agents. We read:(758) + + + Two-thirds of a mina belonging to A and B are given to a free + woman with which to trade. + + +(M706) As in earlier times, the dissolution of partnership usually +involved a reference to the law-courts. Thus we have(759) 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. "The +business is dissolved" (_girru patrat_). 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. + +(M707) Provisional reckonings were constantly made at frequent intervals, +but did not involve dissolution of partnership, nor need to be referred to +a law-court.(760) Some cases are interesting for additional items of +information. Thus we note:(761) + +(M708) + + + Two partners put in each fifty _GUR_ 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. + + +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:(762) + + + A lends one hundred _GUR_ of dates, fifty _GUR_ 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 _per annum_. At the end of the three years, the + two slaves returned all. + + +They were given a house for which they paid no rent. + +(M709) Closely allied with agency is the power of attorney. In the +Code(763) 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.(764) The Assyrians also make frequent mention of persons +acting as _bel katati_, 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.(765) Sometimes the agent was called _bel pahati_ +of the king's son.(766) It even seems to be the case that _katatu_ +acquired the sense of agency, or business, and _bit katati_ came to mean a +"shop," or bazaar. In many cases "agency" was expressed by _sa kata_, "by +the hands of." Aliens had to act through such an agent.(767) When three +men borrow a quantity of straw, one alone sealed the receipt and bond to +repay, and was said to be _bel katati sa tibni_, "agent for the +straw."(768) A female slave was sued for property said to be due from her +master, in his absence. A free man, perhaps the judge, was _bel katati_ +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.(769) + +(M710) In later Babylonian times the phrase survived. The commissary acted +"with the hand" 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 why the condition was not carried out. Presumably A and +C remained owners of the field.(770) + +(M711) 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.(771) + +(M712) The power of attorney was also given to receive money and give a +receipt, under seal.(772) 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.(773) + + + + +XXIX. Accounts And Business Documents + + +(M713) 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. + +(M714) 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. + +(M715) 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 a subordinate. These may have been as effective as the fuller +bonds, but they furnish little information, except regarding the current +prices of articles. + +(M716) 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. + +(M717) 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. + +(M718) 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.(774) Thus an owner might hire +a shepherd, _nakidu_, for his sheep or cattle, at the wages of eight _GUR_ +of corn _per annum_. 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.(775) 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 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. + +(M719) 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 "account," +_nikasu_, 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 "sheep." 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 "withdrawn," 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 or goats. The +tablets hardly lend themselves to connected translation because of the +absence of verbs. The following is an example: + + + 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. Namhani, shepherd. + Overseer: Duggazidda. At Girsu. The year after the king devastated + Kimash. + + +The meaning of the words is somewhat conjectural. "Expended" may mean used +for the shepherd's own maintenance. "Snatched away" means probably +deducted for revenue purposes, about one in five. The scribe did not write +"none." He merely left a blank.(776) + +(M720) The similar lists for the second epoch are not yet available for +study. Only one(777) appears to have been published,(778) 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: + + + 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-uballit in the hands of + Belshunu, fifth day, + + +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.(779) + +(M721) For Assyrian times we have a few interesting examples, just enough +to show that the same customs survived. There 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:(780) + + + 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. + + +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.(781) 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.(782) Dromedaries are also named(783) and seem to have been worth +three minas apiece. + +(M722) 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. + +(M723) 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 body +it was taken. Other terms applied are less easy to recognize. This wool +was received by weight. + +(M724) 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.(784) It is evident that the black wool was +highly valued. The loom, literally, "beam," 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. + +(M725) In the letters of Hammurabi and his successors there are frequent +references to the shearing, and orders for the inspection of flocks and +herds.(785) 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 +_per mina_. + +(M726) 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 the amounts given out from the temple to +various persons to weave or make up into garments.(786) + +(M727) 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. + +(M728) The Code does not refer to these, nor the letters of Hammurabi and +his successors, but we have lists of skins and carcasses of animals.(787) +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 _sarip tahse_, "dyer of skins." Large quantities were bought in +the markets of Kalah and Harran. The price was about two shekels of silver +for a skin.(788) 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. + +(M729) Fairly frequent also are accounts of the quantities of corn +expended for the keep of flocks and herds. The amounts allowed _per diem_ +are the chief items of interest. Sheep were allowed from one to one and a +half _KA_ a day, lambs half a _KA_, oxen six to eight _KA_.(789) 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 uniform. A very good example gives as the allowance of corn for a +full-grown sheep two _KA per diem_, for a young sheep, one _KA_, for a +lamb one-half _KA_.(790) + +(M730) 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 _GUR_ of +corn cost one shekel.(791) + +(M731) 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 +mediaeval accounts. Otherwise we could obtain from them many interesting +items. They are, however, most valuable for prices and names. + +(M732) Thus, in such lists we find mention of articles which would +otherwise remain unsuspected. The first reference to iron is in the +Hammurabi period,(792) 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 B.C. 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: "Income from the Eponymy +of Sagab to the Eponymy of Nabu-shar-aheshu, for six years, which was paid +in as maintenance, eleven talents ... besides twenty-seven plates of +silver." 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 _resume_ of +the last. But we now know that from Sagab to Nabu-shar-aheshu was six +years in all. + +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. + + + + + +BABYLONIAN AND ASSYRIAN LETTERS + + + + +I. Letters And Letter-Writing Among The Babylonians And Assyrians + + +(M733) (M734) 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. + +(M735) 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. + +(M736) 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 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, _unku_, is often used to +denote a sealed letter. Thus when an official acknowledges the receipt of +the king's "seal," it means a sealed order or rescript. + +(M737) The early Babylonian letters usually open with the formula, "To A +say: Thus saith B." 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 "saith" is not +expressed exactly. The word used is _umma_, which is often rendered +"saying"; it introduces a direct quotation. We might render, "In the name +of B." 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 Hammurabi's letters show the +same hand, while those of Abeshu 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. + +(M738) 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 _kibi_, or "say," it reads "To A thus B." In addresses to +superiors, B usually adds "thy servant." Polite letters generally add good +wishes for the recipient. These are exceedingly varied. The word _sulmu_ +plays a great part in them. Literally it denotes "peace." "Peace be to +thee" is very common. But it soon came to mean the "greeting of peace." + +Thus "I have sent _ana sulmika_" means "I have sent to wish thee peace," +"to greet thee." But it also takes the more general meaning of well-being. +Thus _sulmu iasi_ means "I am well," "it is peace with me"; not only +absence from war, but health and all prosperity was included. Hence +Joram's inquiry of Jehu, "Is it peace, Jehu?" means "Is everything all +right?" "Be thou at peace" may be rendered loosely, "I hope you are well," +in the fullest sense that "all is well with you." No consistent rendering +can be given for such phrases as these. + +(M739) Very often letters quote the previous message of the present +recipient, _sa taspuranni_, "what thou didst send me." But the quotation +is often omitted and then this becomes an awkward rendering. We have to +fill up some general sentence such as, "as to what you sent about." 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. + +(M740) Very many sentences are elliptical. Thus, it was common to add at +the end of the letter something like, "I leave it to you to decide." This +might be put, "As the king, my lord, sees fit, let him do." But a scribe +would often merely say, "As the king sees fit." 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. + +(M741) 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., B.C. +3800, an active exchange of commodities existed between Agade and +Shirpurla. Packages or vessels of produce or goods were forwarded and with +them small 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.(793) 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. + +(M742) In the time of the First Dynasty of Babylon letters appear +frequently in the collections of tablets brought to our museums. The +volumes of _Cuneiform Texts from Babylonian Tablets, etc., in the British +Museum, published by order of the Trustees_,(794) 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.(795) Mr. L. W. King, +in his work, _The Letters and Inscriptions of Hammurabi_, published +fifty-five letters of Hammurabi to his subordinate officer, Sin-idinnam, +six letters of Samsuiluna, thirteen of Abeshu', 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.(796) 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, _Die Briefe Hammurabi's an Sin-idinnam_.(797) +Professor Delitzsch added some valuable notes. Dr. B. Meissner had already +published the text of four letters as _Altbabylonische Briefe_.(798) +Professor V. Scheil gave the text of two letters of this period, found by +him at Sippara, in the _Recueil de Travaux_(799) and noticed others, and +some more in his _Une Saison de fouilles a Sippar_.(800) 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. + +(M743) For the long period before the Tell el Amarna times, _circa_ B.C. +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-Shumnasir, King of Babylon, to Ashur-narara and +Nabu-dani, kings of Assyria, about B.C. 1250, is partly preserved in the +British Museum.(801) + +(M744) 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, _Der Thontafelfund von el Amarna_.(802) With these should be +compared Dr. J. A. Knudtzon's _Ergebnisse einer Collation der El Amarna +Tafeln_ and _Weitere Studien zu den El Amarna Tafeln_.(803) A full +transcription with translation and glossary to these texts has been given +by Winckler, as _Die Thontafeln von Tell el Amarna_.(804) 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 _Bulletin de l'Institut Francais d'Archeologie orientale_, 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 _Anzeige der philos. +hist. Klasse der Wiener Akademie_.(805) The interest of these additions +lies in the fact that they were found in Palestine itself. + +(M745) 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. + +(M746) 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 (M747) for history. George Smith in 1871 +gave extracts from several of them in his _History of Ashurbanipal_. A +number were published in Rawlinson's _Cuneiform Inscriptions of Western +Asia_. Mr. S. A. Smith, in the _Proceedings of the Society of Biblical +Archaeology_, 1887-89,(806) and in the second and third volumes of his +_Keilschrifttexte Asurbanipals_ gave some seventy more. Professor +Delitzsch also published a number in his _Zur assyrisch-babylonischen +Briefliteratur_,(807) 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 _Assyrian and Babylonian Letters belonging to the K Collections of +the British Museum_, of which eight volumes are already published.(808) + +(M748) A considerable number of scholars have busied themselves with the +translation and elucidation of these texts. Professor C. Johnston in his +work, _The Epistolary Literature of the Assyrians and Babylonians_;(809) +C. van Gelderen, _Ausgewaehlte babylonisch-assyrische Briefe_;(810) A. J. +Delattre, _Quelques Lettres Assyriennes_;(811) G. R. Berry, _The Letters +of the Rm. 2 Collection_, in _American Journal of Semitic Literature_, +xi., pp. 174-202; F. Martin, _Lettres assyriennes et +babyloniennes_--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.(812) Dr. H. Winckler not only gave several important texts in +his _Texte verschiedenen Inhalts_,(813) but translations and comments on +them in his _Altorientalische Forschungen_.(814) + +(M749) The letter-texts of the latter Babylonian period at present +published are extremely few. Some may be found in Strassmaier's great +collection of _Babylonische Texte_, among the contracts. A list of those +for the reigns of Nabonidus and Nebuchadrezzar is given in Dr. K. L. +Tallqvist's _Die Sprache der Contracte Nabu-na'ids_, p. xviii. + +(M750) One of the uses to which the letters may be put is to illustrate +the history of the time. From the letters of Hammurabi 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 Ashurbanipal's time. + +(M751) 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. + +(M752) 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 +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 +Hammurabi. 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. + +(M753) 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. + + + + +II. The Letters Of Hammurabi + + +(M754) The letters of Hammurabi 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 Hammurabi, 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. + +(M755) 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 Hammurabi's letters fifty-three are addressed to one +and the same man, Sin-iddinam. 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. + +(M756) Hammurabi'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. + +(M757) Hammurabi 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. + +(M758) 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 king decided when the intercalary months +should be inserted. Thus he told Sin-iddinam there was to be a second +Elul. + +(M759) 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 Dur-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. + +(M760) 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. + +(M761) 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 _corvee_ was in full +operation. The hire of laborers is referred to, and it is probable that +the forced laborers were fed and clothed at the expense of the state. Thus +we see that Hammurabi 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. + +(M762) 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(815) may be +rendered. + + + To Sin-iddinam say, thus saith Hammurabi: Now I am sending + Zikir-ilishu, the _AB-AB-UL_, and Hammurabi-bani, the _DU-GAB_, 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 _bihru_ men, that the goddesses + may come safely to Babylon. Let them not delay but come quickly to + Babylon. + + +(M763) 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 Hammurabi, for which the full date is: + + + "The year of Hammurabi, the king, in which by the help of Anu and + Bel he established his good fortune, and his hand cast to the + earth the land of Iamutbal and Rim-Sin, the king."(816) + + +The transport of the goddesses was made possible by the system of canals. +Intercommunication was in an excellent state, for Hammurabi 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. The +officers whom Hammurabi sent bear titles not yet clearly recognized. The +name Hammurabi-bani 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:(817) + + + "To Sin-iddinam say, thus saith Hammurabi: The goddesses of + Emutbal, which are in thy command, the troops of Inuhsamar 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." + + +The construction of the passage seems to imply that the goddesses had +protected Inuh-samar. The latter was in command of troops that were within +Sin-iddinam's jurisdiction; for when Sin-magir complained to Hammurabi +that Inuh-samar had impressed some of his servants for military service +contrary to a bond given him by the king, Hammurabi referred the matter to +Sin-iddinam, ordering the servant to be given up.(818) It was this name +Inuh-samar that Scheil misread as Kudur-nuh-gamar. + +(M764) A number of letters concern the canals of the country. Thus we +read:(819) + + + "To Sin-iddinam say, thus saith Hammurabi: 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." + + +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 _ilku_, +or customary obligation. It lay with the governor to enforce it. In +another letter(820) the 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 _sudd_ on the Nile.(821) + +(M765) 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 "bribe" by King is unknown, and his identification of _tatu_ with +_da'tu_ is not certain. But at any rate the wrong was brought under the +cognizance of Hammurabi, and he writes:(822) + + + To Sin-iddinam say, thus saith Hammurabi: Shumma-ilu-la-ilu saith + thus, so saith he, "In Dur-gurgurri bribery has taken place. The + people who took the bribe and the witnesses who know the affair + are here." Thus he saith. Now I will send this same + Shumma-ilu-la-ilu, a _DU-GAB_ 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-la-ilu will disclose, send to + me. + + +(M766) A case of oppression by a governor is complained of, and redressed +by the king. He writes:(823) + + + To Sin-iddinam say, thus saith Hammurabi: Lalu, the _kadurru_, + hath informed me thus, saith he, "Ani-ellati, the governor + _rabianu_, has laid claim to [alienated] the field which I have + held since ... and [taken] the corn of the field." Thus he hath + informed me. The tablet can be seen in the palace. Lalu holds two + _GAN_ 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 _kadurru_, grant him his debt and lay the + blame on Ani-ellati, who lent on pledge. + + +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(824) that a governor shall not lend on mortgage to a reeve or +runner or tributary, under pain of death. Although a _kadurru_ 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 +"great house," 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 Hammurabi mean +in his own palace? It may be so, for he writes in another letter:(825) + +(M767) + + + To Sin-iddinam say, thus saith Hammurabi: One _GAN_ of + water-meadow, a field in the district of Dur-gurgurri is an old + possession of Ea-lubani. In a tablet it is inscribed as his. Give + the field to Ea-lubani. + + +Now how could Hammurabi 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. + +(M768) An order for the restoration of stolen corn appears in another +letter:(826) + + + To Sin-iddinam say, thus saith Hammurabi: Tummumu of Nippur hath + informed me thus, saith he, "I deposited seventy _GUR_ of corn in + a granary in Unabu and Amel-ili has opened the granary and taken + the corn." Thus he hath informed me. Now I will send Tummumu + himself to thee. Send and let them bring Amelili to thee. See what + they have to say. The corn belonging to Tummumu which Amel-ili + took let him return to Tummumu. + + +Another letter reads thus:(827) + + + To Sin-iddinam say, thus saith Hammurabi: Ilushu-ikish, the + merchant, over five, has informed me thus, saith he, "Thirty _GUR_ + of corn I gave to Sin-magir, the _Sakkanak_, and I took his + receipt. I have asked for it for three years and he has not given + back the corn." Thus hath he informed me. I have seen his receipt. + Cause Sin-magir to give up the corn and its interest and give it + to Ilu-shu-ikish. + + +The title "over five" 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 _Sakkanak_ was usually the superior +official, "governor," of a city, or of a ward of a city. We are not told +what was Sin-magir's district. But it was under Sin-iddinam's rule. In +other letters we read of a Sin-magir being sent to Babylon.(828) Perhaps +he refused to give up the corn. + +Another letter illustrates the incidence of taxes and the relations of +landlord and tenant:(829) + +(M769) + + + To Sin-iddinam say, thus saith Hammurabi: 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, "Etil-bi-Marduk hath said thus, saith + he, '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.' Thus he said. But + Ibni-Martu did not agree. Saith he, 'Without Ibni-Martu one can do + nothing.' Thus he said, and went away." As to what thou didst + send, "the corn, as much as was in his field, should be declared + before God and the tax given him." 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. + + +The case is not quite clear, but Ibni-Martu owed a tax on his field. He +had either mortgaged or let his field to 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. + +(M770) (M771) 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 Hammurabi 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 +"publican," 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(830) deals with what was probably common, namely, an +evident reluctance on the part of such officials to settle accounts: + + + To Sin-iddinam say, thus Hammurabi: Concerning the chief + collector, Shep-Sin, I wrote to thee, saying, "send him with one + thousand eight hundred _GUR_ of sesame and nineteen minas of + silver, due from him, as well as Sin-mushtal, the chief collector, + with eighteen hundred _GUR_ of sesame and seven minas of silver, + due from him, send them to Babylon, and send with them the market + rates (?)..." But thou didst say that these chief collectors had + said, "Just now is harvest-time, after harvest we will go." 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 Shep-Sin, + the chief collector, with one thousand eight hundred _GUR_ of + sesame and nineteen minas of silver, his due, and Sin-mushtal, the + chief collector, with one thousand eight hundred _GUR_ 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. + + +The title which I have rendered "chief collector" may be read "scribe of +the merchants." The sign _PA_, read _aklu,_ does in some of its +connections mean "scribe," as _tamkaru_ does mean "merchant." 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 +_aklu_, properly a "scribe," came to be an "overseer." Such a high +official as the _PA Martu_ would be the Superintendent of Martu. The +person referred to in this letter, Shep-Sin, occurs also in two other +letters of Hammurabi.(831) 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. + +(M772) The officials who were under obligation to furnish men for public +work and the army, doubtless often found a difficulty in making up their +quota, and impressed men who were not strictly liable for duty. Such men +as those called _KA-DUR_, _KAPAR_, _MU_, _PATESI_, 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:(832) + + + To Sin-iddinam say, thus saith Hammurabi: Naram-Sin, the shepherd, + hath said thus, saith he, "The herdsmen in my hands have been put + in the _corvee_." Thus he said. The herdsmen which are the + property of Apil-Shamash and Naram-Sin shall not be put in the + _corvee_. 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. + + +Here the _KABAR_, or herdsmen, are the employees of the shepherd, his +"sheep-boys." 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.(833) +On two occasions he was sent for by the king, evidently with a view to +punishment. Further, a _patesi_ in his service appealed to be transferred +to another master.(834) + + + + +III. The Letters Of Samsu-Iluna And His Immediate Successors + + +(M773) 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. + +(M774) Like his father Hammurabi, 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:(835) + + + 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. + + +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. + +(M775) The following letter is concerned with the supply of corn for the +Shamash temple at Larsa. It is addressed to three officials:(836) + + + To Sin-ilu, Bitu-rabi, and Nik-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. + + +The "treasure-house" may be only a "store-house" in general. Instead of +"make up," we may render "buy." + +(M776) Samsu-iluna looked into the details of his government quite as +closely as his father. We see him regulating fishing rights:(837) + + + To Sin-iddinam, Kar-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 Rabi and Shamkani 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 Rabi and Shamkani, and let it not occur again + that the ships of the fishermen go down to the districts of Rabi + and Shamkani. + + +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 Kar-Sippar denotes some ruling body in +Sippara, for in the contracts we find that cases were brought before the +Kar-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 +Hammurabi usually wrote, though he might have been promoted to Sippara in +the meantime. + +(M777) Two other letters were addressed to him by Samsu-iluna,(838) 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 Kar-Sippar, and the +judges of Sippara, but the letter(839) is too defaced for us to determine +the reason. It was to be "at seed-time." + +(M778) The letters of Abeshu' 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. + +(M779) The letters of Ammi-ditana, two in number, are more 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.(840) +The other deals, as do three letters of Abeshu', with tribute due in wool +from Sippar-iahruru. 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. + +(M780) Ammi-zaduga'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(841) +reads: + + + To Ibni-Sin, son of Marduk-nasir, say, thus saith Ammi-zaduga: 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. + + +(M781) The one letter written by Sin-iddinam(842) is addressed to the +_rabianu_ of Katalla, ordering him to send the plaintiff in a suit to him. +Very interesting is a letter from Tabbi-Wadi and Mar-Shamash to Ahati, the +wife of Sin-iddinam,(843) 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 Ahati's +resentment against them. + +(M782) Some letters are addressed to "the man whom may Marduk make to +flourish."(844) 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(845) suggested that it was an address to the king. The Code has +made it clear that the _amelu_ was the "gentleman," or "noble," who lived +in a "palace," or "great house." 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 "First Gentleman" of Babylonia. It +was not till Hammurabi that the title "king" was generally given. Perhaps +the old nobles were slow to admit a king over them. + +(M783) As an example we may take:(846) + + + To "the man whom may Marduk make to flourish" 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. + + +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. + + + + +IV. Private Letters Of The First Dynasty Of Babylon + + +(M784) 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:(847) + +(M785) + + + To my lord say, thus saith Belshunu, thy servant: From the time + that I was shut up in the house of the _abarakku_, 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 _KA_ of _SU-DA_, thirty-one _KA ZAG-HI-LI_ ... two + _KA SAR-SAR EL-SAR_ send me that I die not; and clothing send me + that I may cover my nakedness. A _hubidu_ 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 Sutu fell upon me + and I was imprisoned. Speak a friendly word to the servants of the + king's _abarakku_. Send, that I die not in the house of misery. + Send a _KA_ of oil and five _KA_ of salt. That which thou didst + lately send no one gave me. Whatsoever thou sendest, send it + fastened up (?). + + +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 +Sutu, 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 +"jailer" is perhaps a name, Mar-abulli, "son of the gate." But it may be a +title used as a name, "Mr. Jailer." 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. + +(M786) Here is a letter reminding a father of a broken promise:(848) + + + 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 Amurru named my father's name, and I answered for my + fault, thou, my father, didst say, "When I shall go to + Dur-Ammi-zaduga, which is on the River Sharku, I will forward a + sheep and five minas of silver, in a little while, to thee." This + thou saidest, my father, and my expectation was from my father. + But thou hast not sent; 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 Lasher 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 Amurru, 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. + + +The letter suggests that the father was king, by the phrase so common in +the historical inscriptions, "named his name," usually equivalent to +"nominated" to rule. The word rendered "fault" is _sardu_, which may be +for _sartu_. There is nothing to show whether Elmeshu is a man or woman. +There was an Elmeshu (the name means "Diamond") who was daughter of +Ammi-ditana.(849) But the mention of Dur-Ammi-zaduga seems to demand a +date at least as late as that in which this wall or city was built. But +Ammi-zaduga succeeded Ammi-ditana. Unless the latter built Dur-Ammi-zaduga +and called it after his son, we can hardly identify this Elmeshu with the +daughter of Ammi-ditana. The mention of Sin Amurru is not quite clear. We +may suppose two gods, Sin and Amurru, or take the latter name as an +epithet, "Sin of the Amorites." To have "the ears attentive," 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. + +(M787) Another letter is apparently from a tenant, or serf, to his +landlord:(850) + + + 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 + Basu, or wherever is convenient to my lord, do thou send. With + Ili-ikisham, 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. + + +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(851) deduced a meaning for _samadu_ something like "weigh out," +"pay," whence a better meaning for _simittu_ than "yoke" 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 "pay," but must have ordinarily meant +"measure," or "weigh," according as it was applied to grain, or money. + +(M788) Here is a very interesting example showing how the merchants of +those days transacted business at a distance:(852) + + + To Erib-Sin say, thus saith Ibni-Nabu, I am here (?): As to the + case of Ardi-ilishu, son of Ibni-Dibbara, I gave him two-thirds of + a 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, "I sent thee money by Ardi-ilishu." He + said, "If Ardi-ilishu has paid the money, let him [_here come some + uncertain signs_]." And concerning what thou didst send about + Shamash-bel-ilani'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. + + +The two, Erib-Sin and Ibni-Nabu, are either partners, or agents. The +former had asked the latter to pay over fourteen shekels to a certain +Shamash-bel-ilani, either because the latter had money of his, or had +promised to honor his order. But this particular order was not honored. +Ibni-Nabu 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-Nabu 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-Nabu. But he had to take risks. If +Shamash-bel-ilani had given Erib-Sin consideration for his order on +Ibni-Nabu for fourteen shekels, he was badly served. + +(M789) Here is a letter, warning a man of a suit brought against him in +his absence: + + + 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-remeni, which is in Bitutu, + which my lord sold me for five minas of silver; Sin-aham-iddinam, + Marduk-taiar, and Nabu-malik, have gone about to the king, and + have turned over this title to Nur-parim. Hasten, come, save thy + title from Nur-parim. + + +The word of most difficulty is _nistu_, rendered "title." It may mean +something different, but the "title" seems the most likely thing to be +disputed. + +(M790) A letter to a father from an absent son(853) is interesting for its +personal character: + + + To my father say, thus saith Zimri-erah, 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 Dur-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. + + +(M791) The following is what may be fairly described as a love-letter, +though the real relation between the correspondents is not certain:(854) + + + To Bibea 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. + + +It is certain that Bibea was a lady, perhaps the writer's wife. + +(M792) The interest which these ancient letters inspire in us was felt in +the seventh century B.C., for there are two Assyrian copies of early +Babylonian letters, preserved in the remains of Ashurbanipal's library. +One was a letter from the Babylonian King Adadi-shum-usur to Ashur-nirari +and Nabudaian, kings of Assyria, about B.C. 1250.(855) It is too +fragmentary to translate. Another(856) 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 Ashurbanipal, and +has his "library mark."(857) + + + + +V. Sennacherib's Letters To His Father, Sargon + + +(M793) 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,(858) and later with increased material +by R. C. Thompson.(859) 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 +Ahat-abisha, probably the daughter of Sargon, who was married by him to +the King of 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:(860) + +(M794) + + + 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; [_then comes a broken space from + which the few traces left refer to __"__two commanders,__"__ + someone who __"__came,__"__ someone or something __"__was + captured,__"__ someone __"__came to me,__"__ something __"__of his + country,__"__ something __"__he appointed.__"_] This was the news + from the land of the Ukkai. Ashur-risua has sent, saying, "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. Kakkadanu, his tartan, is taken, + and the King of Armenia is in the land of Uazaun." This is the + news from Ashur-risua. Nabu-li', the commander of Halsu, has sent + to me, saying, "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." This is the news from + Nabu-li'. The King of Musasir, his brother, and his son, have gone + to greet the King of Armenia. A messenger from Hupushkia has gone + to greet him. The garrisons of the fortresses which are on the + boundary all send news like this. The letter of Nabu-li', the + major-domo of Ahat-abisha, brought from Tabal; to the king, my + lord, I have sent it on. + + +(M795) The second letter(861) began in exactly the same way, so far as one +can judge from the traces of the first seven lines. As 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 "is cut off" and has +not withdrawn from his post. But, as he has heard, so he has sent to the +king's son: + + + "Now let him quickly send forces. This is the news from Arie: On + the fourteenth of Elul, a letter came to me from Ashur-risua, + 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." + + +This seems to be the end of Ashur-risua's news. A few traces refer to news +from the Mannai concerning some "letter," "as yet" something has "not" +happened. + + + "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." + + +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-risua. + + + This is the news from Ashur-risua: 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, ... + + +Then follow a few traces from which we gather that a messenger came to the +writer and brought a present; that the "Mannai said" something, someone +"returned" and "I appointed him" something, that a messenger from the land +of Sadudai came to Kalah, that "I received and sealed" something, and "I +appointed" something. Again we have a reference to the month of Elul, a +letter, and the word "brought." + +(M796) This letter is very obscure from the many lacunae. We naturally turn +to the letters of Ashur-risua. This man may well be the same as the +witness, _shaku_, and scribe of the queen, at Kalah in B.C. 709. We have +nine letters of his referring to Armenian affairs. In one of them(862) he +announces that "at the commencement of Nisan the King of Armenia set out +from Turushpia and went to Elisada, that Kakkadanu, his tartan, went into +the city Uesi, that all the forces of Armenia have gathered to Elisada." +The rest of the letter is obscure. At the end of another(863) he says: "I +have heard, saying, 'the king has come into the midst of Uesi, as yet he +has not left.' " In the same letter he reports that "three thousand +foot-soldiers, with their officers, belonging to Setini, his military +commander, have set out to Musasir, crossed the river by night, that +Setini has camels with him, and that Suna, who is in command among the +Ukkai, has started with his troops for Musasir." 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. + +A mere glance at the contents of his other letters will show their +connection with these events. In one,(864) he sends Narage, a colonel, +with twenty men who had plotted against the king and were caught. He +mentions the capture of a second tartan, Ursini, in Turushpia and the +mission of Ursini's brother, Apli-uknu, to see him there. The King of +Armenia had entered Turushpia with a number of restless men. In +another,(865) he reports the return to Assyria of a messenger from the +Ukkai, who had gone up into Armenia; and mentions Musasir. In a +third,(866) he reports that "Gurania, Nagiu, the fortresses of Armenia and +Gimirri, are giving tribute to Armenia." But that "when the Armenians went +to Gimirri, they were badly defeated." The rest is so injured as to give +little sense. In another,(867) he names Arie and Arisa, Dur-Shamash, +Barzanishtun, the city of Ishtar-duri, and Shulmu-bel-lashme; but the text +is so defective that one cannot discern what he had to say about them. In +another,(868) he acknowledges the king's order to send scouts into the +neighborhood of Turushpia. In another,(869) he writes that "the Mannai in +the cities of Armenia on the coast of the sea rebelled, that Apli-uknu, +the commander of Musasir, and Tunnaun, 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." But these are not the only +references to him. Tab-shar-Ashur(870) writes to the king that he has +received a letter from Ashur-risua: "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 Arie that he went against him (the king of Armenia) and his +city." Then the letter becomes very defective, but we hear again of Kumai +and Elis (clearly the Elisada above). Tab-shar-Ashur again mentions +Ashur-risua,(871) 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(872) about beams of wood, collected by +Ashur-risua, he is associated with Arie, and Urisa, evidently the Arisa +above, and the city Kumai. Finally, on a letter by Gabbu-ana-Ashur he is +mentioned in a most significant way. The writer says: "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 Nabu-li', to +Ashur-bel-danan, to Ashur-risua; they came to me." After a break he goes +on, "Like this I have heard; the Armenian (king) has not gone out of +Turushpia." After some more uncertain traces, he adds: "On the +twenty-third of Tammuz I entered into Kurban, on the twentieth of Ab I +sent a letter to the king, my lord." It is evident that Nabu-li', +Ashur-bel-danan, and Ashur-risua were the commanders most concerned in +these events. Nabu-li', we have already seen, sent reports to Sennacherib; +no letters of Ashur-bel-danan, yet published, seem to refer to these +events. But clearly the king was concerned to hear from other quarters +than Kalah, where Sennacherib evidently was. Ashur-risua is also named +elsewhere on fragments not yet published. + +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 Musasir, who may have been reinstated as a vassal by +Sargon, writes(873) to the _nagiru_ of the palace: + + + "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 Musasir 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 + (?)." + + +Evidently Urzana lived in Musasir and was anxious to be thought a faithful +vassal. An unknown writer(874) tells the king that + + + "five commanders of Armenia entered the city of Uesi, Seteni [_of + whom we heard above_] commander of ... teni, Kakkadanu of the + writer's district, or of Ukkai, Sakuata of Kaniun, Siblia of Alzi, + Tutu 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 Turushpia, he has + come into Kaniun. What the king, my lord, sent me, saying, 'Send + scouts,' I have sent a second time. The spies (?) came, these are + the words they say, and the spies as yet have not started." + + +The whole tone of the letter and the fact that Ashur-risua 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. + +The references to Turushpia 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 Upahhir-Bel, +doubtless the Eponym of B.C. 706, and governor of Amedi. He writes in the +same style as Sennacherib and Ashur-risua:(875) + + + Concerning news of Armenia I sent scouts, they have returned; thus + they say: "The commander of that district, and the + deputy-commander with him, in Harda, the district of the + _sukallu_, keep ward from city to city as far as Turushpia; + weakness is written down, the messenger of Argista has come," + + +and so on. The rest does not concern us here. But another letter,(876) +evidently from the same writer, gives news from Armenia and a message from +Argista, which the writer says he has answered, as the king directed. It +also states that the commander keeps ward in Harda. Turushpia is also +mentioned on fragments not yet published. + +Other fragments occur which clearly belong to this group. Thus(877) a +letter from an unknown writer names Ashur-risua 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,(878) but it is not clear that it refers to this +period. + +To the same period seems to belong another letter of Sennacherib, probably +to his father Sargon.(879) It begins with precisely the same formulae of +greeting in the first seven lines. Then it goes on: + + + The chieftains of the land of Kumuhai (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 + Kumuhai. They are fed at their own expense, they would journey on + to Babylon [where Sargon evidently is]. They have brought _sakla_ + (?), 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 Kumuhai are not contented, saying, "Our produce is + reduced, let them bring the king's weavers and let them take + charge." Let the king, my lord, send word to whom they shall + assign them. + + +(M797) Another letter-fragment only preserves the opening address.(880) +Another very defective letter(881) with the same introduction refers to +Dur-Sargon, + + + "in the district of Kurban are excessively great floods, they go + on." + + +We know from another source that this was the case, in B.C. 708, when the +floods came into the lower part of the city, and the tribute could not be +levied in the district.(882) Yet another fragment, opening in precisely +the same manner, refers to a certain Nabu-etir-napshate and the city of +Kalhu.(883) Here also we have too little left to make out any connected +sense. + + + + +VI. Letters From The Last Year Of Shamash-Shum-Ukin + + +(M798) Another period on which the letters throw considerable light is the +close of the reign of Shamash-shum-ukin in Babylon. This was coeval with +the suppression of a great combined rebellion against the rule of Assyria. +From the historical texts of Ashurbanipal'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 _History of Assurbanipal_, 1871, +had used the information given by some of the letters. This was utilized +by C. P. Tiele in his _Babylonisch-assyrische Geschichte_. + +(M799) But much more may be made out when the letters are fully available. +Thus Nabu-bel-shumate, grandson of Merodach Baladan II., had been made +King of the Sealands on the death of his uncle, Na'id-Marduk. When the +revolt broke out, Ashurbanipal sent Assyrian troops to help +Nabu-bel-shumate to repel Shamash-shum-ukin. During the long process of +suppressing the revolt, it is clear that Nabu-bel-shumate 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 B.C. 648, he saw that +Ashurbanipal's vengeance must overtake him, so he fled to Elam. He took +with him a certain number of Assyrians, evidently to hold as hostages. +Ashurbanipal had a long score to settle with Elam. He began by demanding +of Indabigash the surrender of Nabu-bel-shumate and the Assyrians with +him. But before the ambassador could deliver the message, Indabigash had +been succeeded by Ummanaldash. Nabu-bel-shumate 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 Nabu-bel-shumate joined him there. Again +Ashurbanipal sent to demand his surrender. Rather than further embarrass +his host, and quite hopeless of protection or pardon, Nabu-bel-shumate +ordered his armor-bearer to slay him. Ummanaldash attempted to conciliate +Ashurbanipal by sending the body of the dead man and the head of the +armor-bearer to him. Such is the story as Ashurbanipal tells it in his +great cylinder inscription. + +(M800) The letters make no less than fifty distinct references to him. The +officers write many bad things of Nabu-bel-shumate, 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:(884) + +(M801) + + + To the king, my lord, thy servant Nabu-bel-shumate. Verily peace + be to the king, my lord; may Ashur, Nabu, 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, + "We will not come into thy hands." According to what I hear I have + sent to the king, my lord. I have inhabited the Sealands from the + time of Na'id-Marduk. The brigands and fugitives who came to the + Gurunammu, five hundred of them, did Sin-balatsu-ikbi, when he + caught them, lay in fetters and hand over to Natanu, the King of + the Uttai, their ruler, whom the king had given them. + + +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 +Nabu-bel-shumate, whose letters(885) begin quite differently, and refer to +horses and troops. There is even a third, a _kepu_ of Birati, named by +Tab-sil-esharra,(886) who was concerned in repelling a raid on Sippara, +and is named in a contract of B.C. 686.(887) 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. + +(M802) Bel-ibni was a very important officer who held the position of a +_manzaz pani_, 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 Bel-ibni set on the throne of Babylon by +Sennacherib in B.C. 702. He is a frequent writer to the king during this +period. Ashurbanipal placed him over the Sealand after the flight of +Nabu-bel-shumate. The king's proclamation to the Sealanders(888) reads +thus: + +(M803) + + + 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 + Nabu-bel-shumate, I appointed over you the courtesan of Menanu. + Now I have sent Bel-ibni, my _dubasu_, to go before you. Whatever + order is good in my opinion which is [written] in my letters + [obey]. + + +Then after some defaced lines, he threatens that if they do not obey, + + + "I will send my troops." + + +This order is dated the fifth of Iyyar, B.C. 650. By that date +Nabu-bel-shumate had fled. It is not easy to say whether Ashurbanipal had +appointed a lady, once the _harimtu_, or courtesan, of Menanu, as ruler of +the Sealand before Nabu-bel-shumate, or whether he means to call +Nabu-bel-shumate by this opprobrious epithet. Who is meant by Menanu 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. + +(M804) We have a fragmentary letter(889) from the King of Elam, +Ummanaldash, to Ashurbanipal, which says: + + + Letter of Ummanaldash, King of Elam, to Ashurbanipal, King of + Assyria, peace be to my brother. From the beginning, the Martenai + [_Elamite name for the Sealanders, from Marratu, __"__the Salt + Marshes__"_] have been sinners against thee. Nabu-bel-shumate came + from there. The crossing of the land ... over against Elam I broke + down, [to keep him out]. Thou hast sent letters [_or forces?_] + saying, "Send Nabu-bel-shumate." I will seize Nabu-bel-shumate and + will send him to thee. The Martenai whom from the beginning + Nabu-bel-shumate brought us ... they are people who came by water + from ... it entered into their minds and they came, they broke + into Lahiru 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]. + + +The rest of the letter is hard to make out. It was dated on the +twenty-sixth of Tammuz, in the Eponymy of Nabu-shar-aheshu, probably B.C. +645. + +(M805) Bel-ibni had a great hatred for Nabu-bel-shumate. For the latter +had years before laid hands upon Bel-ibni's eldest brother, Belshunu, and +put him in prison. This we learn from a letter to the king,(890) which, +although the name of the writer is lost, is clearly from Bel-ibni. The +first few lines yield no connected sense, but name Umman-shimash and the +nobles with him: + + + When they assembled they spoke evil words against their king. From + those days they kept on plundering his land. Before the 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 Dur-ili, they shall not take a holiday; that smitten of Bel, + accursed of the gods, Nabu-bel-shumate, 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. Belshunu, my eldest + brother, a servant of the lord of kings, my lord, now four years + ago, did that smitten of Bel, that accursed of the gods, + Nabu-bel-shumate, when he revolted, bind hand and foot with bronze + and imprison him. + + +The rest is obscure, but names Salmu-shar-ikbi as sending news to the +palace. + +(M806) The Belshunu here named is probably the Eponym of B.C. 648, who was +then governor of Hindana, who also dates a letter from the king to +Umman-shimash, which names Bel-ibni. There are over fifty references in +the letters to Bel-ibni, 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:(891) + +(M807) + + + To the lord of kings, my lord, thy servant Bel-ibni. May Ashur, + Shamash, and Marduk decree length of days, cheer of heart, and + health of body to the lord of kings, my lord. Shuma, son of + Shum-iddina, son of Gahal, sister's son to Tammaritu, fled from + Elam and came to the Dahhai. From the Dahhai, 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-Humba, to say that they came before Nabu-bel-shumate at the + city Targibati. They took an oath, by God, one with another, + saying, "According to agreement we will send thee all the news we + hear." And according to contract they furnished fifty oxen for + money at his hands, and said to him, "Let our sheep come and among + the Ubanat in the pasture let them graze among them. Thou mayest + have confidence in us." Now let a messenger of the king, my lord, + come and make Natan learn in his mind, that "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." I have sent trustworthy + reports to the king, my lord. + + +The incident here referred to, the reception of the fugitive Shuma, 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 Ashurbanipal 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-usur was the officer who received +him, and a very mutilated letter seems to refer to it. He was probably the +Rabshakeh to whom Bel-ibni wrote(892) complaining of certain slanders +about him. So even the faithful servant was not entirely free from court +intrigues. In another letter Bel-ibni refers to his having received and +sent on to the king, Tammaritu, his brothers, family, and nobles.(893) + +(M808) Like Ummanigash and Indabigash, Tammaritu corresponded with +Ashurbanipal. We have letters from him to the King of Assyria and from +Ashurbanipal 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. + + + + +VII. Letters Regarding Affairs In Southern Babylonia + + +(M809) (M810) Another group refers to the events at Ur, in the far south +of Babylonia. Sin-tabni-usur, son of Ningal-iddina, was governor there +during the time of Shamash-shum-ukin's great rebellion. This we learn from +some of the forecast tablets, published in George Smith's +_Assurbanipal_.(894) 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 _Textes Assyriens +relatifs au Presage_, and many articles contributed to various journals. +The omens are generally such as also occur in the tablets published by Dr. +Knudtzon in his _Gebete on den Sonnengott_, 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.(895) Thus the two, which refer to Sin-tabni-usur, 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, B.C. 648. + +(M811) From a letter,(896) which G. Smith(897) ascribes to Kudur, governor +of Erech, we learn that he had heard from Sin-tabni-usur, who reports that +a messenger had arrived from Shamash-shum-ukin, inciting the people to +rebel against Ashurbanipal. As a result, + + + "the Gurunammu have rebelled against me. Re-enforce me at once." + + +The good Kudur sent five or six hundred archers and joined Aplia, the +governor of Arrapha, and Nurea, governor of Sameda, and went to Ur. He was +able to seize the leaders of the revolt, among them Nabu-zer-iddin. But +someone had captured Sin-tabni-usur. Bel-ibni is named, and later +Nabu-ushezib, the archer, but the text is too mutilated to make out a +clear account. But it seems likely that Sin-tabni-usur was rescued, and +being re-enforced, held out well for his master. Ashurbanipal writes to +assure him of his continued confidence.(898) + +(M812) + + + Message of the king to Sin-tabni-usur: It is well with me. May thy + heart be cheered. Concerning Sin-shar-usur, 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. + + +(M813) It is clear that Sin-shar-usur and Ummanigash had been intriguing +against Sin-tabni-usur. There are several persons of the name +Sin-shar-usur about this time. No less than three Eponyms bear the name +after B.C. 648. The _aba mati_, or governor of Hindana, or the _arku_ +might be meant here. But there was a brother of Sin-tabni-usur, 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 Ashurbanipal, 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-ukin. He was dethroned by his cousin, +Tammaritu, shortly before the fall of Shamash-shum-ukin. 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 Bel-ibni.(899) +After his usual salutations, Bel-ibni reports, + +(M814) + + + When I left the Sealand, I sent five hundred soldiers, servants of + my lord, the king, to the city Sabdanu, saying, "Hold a fort in + Sabdanu and make raids into Elam, slay and make prisoners." 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, Dala-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 Lahiru and the people of Nugu', + when they saw that my raiders had extended on their farther side, + were full of fear, sent word and took the oath to Mushezib-Marduk, + my sister's son, a servant of the king, my lord, whom I had + appointed over the fort, saying, "We will be servants of the King + of Assyria." When they had gathered their bowmen, as many as they + had, they went with Mushezib-Marduk, and marched into Elam. + + +Here follows a bad break in the narrative, but Ikisha-aplu is named, and +Bel-ibni promised to send on to the king whatever they captured and +brought to him. The letter then resumes: + + + News from Elam: they say that Ummanigash, son of Amedirra, has + rebelled against Ummanaldash. From the river Hudhud as far as the + city Ha'adanu they have sided with him. Ummanaldash has gathered + his forces, and they are now encamped on the river opposite one + another. Ikisha-aplu, whom I have sent to the palace, has + penetrated their designs. Let one question him in the palace. + + +(M815) Kudur, governor of Erech, who sent news of the outbreak of +rebellion in the south, gives us further information about +Mushezib-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 Upaku, the reverse side goes on:(900) + + + Mushezib-Marduk, Bel-ibni's sister's son, who has come two or + three times into the presence of the king, my lord, on a message + from Bel-ibni, Bel-ibni 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. + + +(M816) The king himself writes to Bel-ibni(901) in a most friendly way +about Mushezib-Marduk: + + + Message of the king to Bel-ibni: I am well. May thy heart be + cheered. Mushezib-Marduk, about whom thou didst send, in the + fulness of time he shall enter my presence, I will appoint the + paths for his feet (_i.e._, make a way for his advancement). The + holiday in Nineveh is not finished. + + +Mushezib-Marduk is also mentioned by Nabu-zer-ukin, in a letter to the +king,(902) in close connection with Shum-iddin, the governor of Dur-ilu. +It is not clear what the writer had to say of him, but farther on in the +letter Bel-ibni is named. The same Nabu-zer-ukin is mentioned in a tablet +of epigraphs,(903) where he is associated with Shamash-shum-ukin, +Tammaritu and Indabigash. He is there said to be son of Nabu-mushesi. In +another letter he writes with Adadi-shum-usur, Nabu-shum-iddin, Ardi-Ea, +and Ishtar-shum-eresh to the king,(904) but hardly anything remains except +a mention of Nineveh. The same group of writers is elsewhere associated +with Nabu-mushesi. Of another letter(905) from him to the king only the +introduction is found. + +(M817) 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-Nahunte, 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:(906) + + + To the king of countries, my lord, thy servant Kudur. May Bel and + Nabu decree peace, health, and length of days for the king, my + lord, forever. Since I was in the enemy's country the Pukudu have + made an end of the Bit-Amukani, servants of my lord, the king, by + their attacks. The cities which were to be held for the king, my + lord, 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 Saba, the body-guard. The day they + reached Bit-Amukani, it is said, the attackers attacked the + body-guard. I sent soldiers, saying, "Go, slay 'Ala' with the + pike, save the garrison and take them captive." When on the king's + canal they attacked Nabu-shar-usur, the colonel, he took them + captive. Let the king, my lord, inquire of them, as he can. The + king, my lord, knows how Bit-Amukani is destroyed. The Pukudu 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. + + +It seems that the men of Pekod (see Jer. i. 21, Ez. xxiii. 23) had made an +attack upon Bit-Amukani 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 "we abhor the alienation of territory," literally "the sin of the +land." It seems that a land sinned when it was occupied by an enemy. + +Ashurbanipal was deeply attached to his faithful servant, as the following +letter shows:(907) + +(M818) + + + 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 Nana for the health of + the king, my lord's life. Ikisha-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, saying, "A special messenger has brought a + sealed despatch to thee from the palace, thou must return with me + to Erech." He sent me this order and made me return to Erech. The + king, my lord, must know this. + + +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. + + + + +Letters About Elam And Southern Babylonia + + +(M819) In Elam, during the reign of Ashurbanipal, 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 Ashurbanipal'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 Ashurbanipal, 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 B.C. 675, was always on good terms with Assyria. +We have a letter from Esarhaddon to him(908) in very friendly terms. It +begins: + +(M820) + + + 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, Bel, Nabu, + Ishtar of Nineveh, Ishtar of Arbela, the gods ... have said, I + have (fully?) accomplished. + + +(M821) The rest is obscure by reason of lacunae. The reverse seems to be +inscribed with numerals, perhaps relating to items of presents sent. +Ashurbanipal kept up the friendship, and, when a famine broke out in Elam, +allowed some (M822) (M823) 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 Bel-ikisha, prince of the Gambulai, who inhabited the marshes about +the mouth of the Uknu, or Blue River, perhaps the modern Karoon, bordering +on Elam. Bel-ikisha rebelled against Assyria, and with his troops joined +Elam. Nabu-shum-eresh, the _TIK-EN-NA_, apparently sheik of the district +of Dupliash, another Assyrian subject, seems to have done the same. +Marduk-shum-ibni, 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. Bel-ikisha was killed by a wild +boar. Nabu-shum-eresh was smitten with dropsy and died. "In one year the +gods cut them off." The throne of Elam fell to Teumman, a brother of +Urtaku, who maintained a hostile attitude. Dunanu, son and successor of +Bel-ikisha, joined Teumman. Ashurbanipal accordingly invaded Elam, +defeated and slew Teumman, ravaged the land of Gambulu and captured +Dunanu, 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. + +(M824) All the time that Shamash-shum-ukin was king in Babylon, +Ashurbanipal 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 Gambulu was a direct concern of the +governor of Erech, who seems to have suffered severely. As late as the +twentieth year of Ashurbanipal, Nabu-ushabshi was governor there. We have +many letters from him to the king. One(909) refers to the above events: + + + To the king of countries, my lord, thy servant Nabu-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 Nana for the well-being of the life of the king, my lord. The + king, my lord, sent, saying, "Take troops and send against + Gambulu. The gods of the king, my lord, assuredly know how, from + the time that Bel-ikisha 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." + + +Then comes a break, in which the fragments indicate that Nabu-ushabshi +prayed daily for revenge. Then we read: + + + 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 Gambulu + 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. + + +The last request is very unusual, but we are glad it was obeyed. Another +of his letters refers to the intrigues of Pir'-Bel, son of Bel-etir. This +Bel-etir may be the son of Nabu-shum-eresh, who, with his brother, +Nabu-na'id, was carried captive to Nineveh, along with Dunanu, and there +made to desecrate the bones of their father. But it seems possible that we +have here to do with another Bel-etir, as these events seem earlier in the +history. After the same introduction as before, the letter(910) reads: + + + Pir'-Bel, the son of Bel-etir, 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, Bel-etir, his father, died in Elam; and he in + Marchesvan brought letters to me, and to Aplia, the governor, we + sent the letters on by Daru-Sharru, the body-guard. + + +After some broken lines: + + + "Now a certain servant of ... came with him to Erech." + + +we read: + + + If he say to the king, my lord: "I have come from the land of + Elam," 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, Idua, a + servant of Kudur, who brought him to Erech, the contents are known + to him [_there are some very obscure phrases in the next two + lines_], 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. + + +(M825) 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 +Nabu-ushabshi seems to have been unable to possess himself of, or to send +to the king. Thus, we read:(911) + + + To the king of countries, my lord, thy servant, Nabu-ushabshi + [_after the same introduction as before_]; the sheep of the temple + and of the city Pukudu are detained in the city Ru'ua, two + shepherds of them, one belonging to the temple, and the second + from Pukudu, 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 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. + + +The king replied:(912) + + + To Nabu-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 _abarakku_, and troops with him. Whatever + is good to do, that do; whether the River Harru be dammed, or + whether those people come, and as to the contents of the letter + which thou didst send. Bel-etir, 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. + + +Evidently in consequence of this, we have another letter,(913) 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 Nabu-ushabshi. The governors of Lahiru and Arbaha are said to be +with the receiver of the letter. + + + + +IX. Miscellaneous Assyrian Letters + + +(M826) 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. + +(M827) Here is an example of some interest, and more easily understood +than many:(914) + + + To the king, my lord, thy servant Nabua. May Nabu 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. + + +Whether this was a good or evil omen, or even an omen at all, we do not +know. Nabua is a very common name. There are fourteen or fifteen +astrological reports which bear 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 B.C. 668 down to post-canon times may be our +writer, but, as he lived at Nineveh, that is doubtful. + +(M828) Another case which is fairly intelligible is a letter of Balasi and +Nabu-ahe-erba,(915) on a question of auspicious days for a journey. It +reads: + + + To the king, our lord, thy servants, Balasi and Nabu-ahe-erba. + Peace be to the king, our lord. May Nabu and Marduk be gracious to + the king, our lord. As to Ashur-mukin-palea, about whom the king, + our lord, has sent to us, may Ashur, Bel, 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. + + +We have fairly frequent references to Ashur-mukin-palea in a way that +shows that he was delicate. From a letter of Ardi-Nabu's we learn that the +order of seniority in the family of Esarhaddon was Ashurbanipal, +Shamash-shum-ukin, Sherua-etirat (a princess), Ashur-mukin-palea, +Sharru-shame-ersiti-balatsu-(ikbi). 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 Harran, by his royal brother, and even as late +as B.C. 648 his name occurs in the contracts.(916) + +(M829) 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 Nabu-ahe-erba no less than seven times, once with +Ishtar-shum-eresh 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. Nabu-ahe-erba was the writer of 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. + +(M830) Ardi-Ea 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-usur, Ishtar-shum-eresh, Akkullanu, +or Marduk-shakin-shum. But one letter,(917) written to Sargon II., and +mentioning Merodach-Baladan II., clearly belongs to another Ardi-Ea. Most +of his letters are defective. The most intelligible(918) reads thus: + + + To the king, my lord, thy servant Ardi-Ea. Peace be to the king, + my lord. May Nabu, 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. + + +(M831) The great group of writers with whom he is associated is +responsible for a large number of letters. Adadi-shum-usur wrote some +thirty-five letters and five or six astrological reports. He is especially +prolix in his introduction. Here is a specimen:(919) + + + To the king, my lord, thy servant Adadi-shum-usur. Peace be to the + king, my lord. May Nabu 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 + (M832) 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, "Bring your sons, let them stand before me." + 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. + + +Judging from the frequent mention of Ardi-Gula in other letters and that +he wrote to the king about his sons, Ashurbanipal and Shamash-shum-ukin, +we may be sure the old courtier got his request, and that he was writing +to Esarhaddon. The letters of Adadi-shum-usur 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,(920) 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. + +(M833) Marduk-shakin-shum is another of the same group, with twenty-five +letters. They are of the same domestic nature as the last. +Ishtar-shum-eresh is the writer of a score of letters and about thirty +astrological reports. He was evidently a younger member of the group, son +of Nabu-zer-lishir, and chief scribe to Ashurbanipal. In the reign of +Esarhaddon he ranked as a _masmassu_. Akkullanu, who was an _erib biti_, +of Asshur, writes sixteen letters and some dozen astrological reports. + +(M834) 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. Nabua, the astronomer of the city Asshur, +sends a number of such letters as:(921) + + + On the twenty-ninth, we kept watch, we did not see the moon. Nabu + and Marduk be gracious to the king, my lord. From Nabua of Asshur. + + +So Nabu-shum-iddin writes:(922) + + + To the Gardener, my lord, thy servant Nabu-shum-iddin, the + _rabute_ of Nineveh. Nabu and Marduk be gracious to the Gardener, + my lord. On the fourteenth we kept watch on the moon. The moon + suffered an eclipse. + + +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. + +(M835) 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.(923) The queen-mother resided in Lahiru, but there seem to +have been more than one city of the name. Her necklace, or some part of +it, is in private possession and has been described by Professor +Scheil.(924) She survived her son, and, with her grandsons, Ashurbanipal, +Shamash-shum-ukin, and the nobles of Assyria, issued a proclamation to the +empire, declaring Ashurbanipal the true heir to the throne. + +(M836) It is, of course, uncertain whether the person addressed as mother +of the king is always Zakutu, since we cannot always date the letters. But +the letter of Na'id-Marduk,(925) which names Ummanigash as King of Elam, +was certainly addressed to her. Na'id-Marduk was a son of Merodach +Baladan, who, in the reign of Esarhaddon, when his brother +Nabu-zer-kinish-lishir was killed by Ummanaldash II., threw himself on the +mercy of Esarhaddon and was by him made ruler of his ancestral domain of +Bit Jakin, as a vassal king. He speaks for himself: + + + To the mother of the king, my lord, thy servant Na'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, "They have seized the bridge." 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, "They + have burnt it." 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 Hubanigash. [_Several + lines follow with only fragments of sentences._] "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." + 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. + + +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 "my +lord." Despite several lacunae 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-usur, +Sin-balatsu-ikbi, and Sin-shar-usur, 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. + +Here is a letter from the king to his mother:(926) + +(M837) + + + 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 Hamunai + go? + + +The meaning is obscured for us by our complete lack of information as to +the persons concerned. We may conjecture that Hamunai was the servant of +Amushe, but we do not know. However, we see that the queen mother gave +good advice. + +(M838) Zakutu 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 B.C. 670, Esarhaddon put a number of them to +death. Here is a letter, however, from an attached subject:(927) + + + To the mother of the king, my lady, thy servant Aplia. May Bel and + Nabu be gracious to the mother of the king, my lady. Every day I + pray Nabu and Nana 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 Bel and Nabu has come from the king of lands, my + lord. + + +There is a suggestion in the mention of Nana that Aplia wrote from Erech. +He may be the Aplia afterwards associated with Bel-ibni 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 Lahiru. Only it is doubtful +whether she lived there, while Esarhaddon was away. + +It is more likely still that the Aplia is the same as the _rab ali_ of +Lahiru, who in B.C. 678 was over the house of the queen-mother there.(928) + +(M839) Another letter(929) conveys assurance of fidelity: + + + To the mother of the king, my lord, thy servant Asharidu. May Nabu + and Marduk be gracious to the mother of the king, my lord. Daily I + pray to Nergal and Laz 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. + + +That Asharidu is the same as the writer of some thirty astrological +reports who was the son of Danka, a _katnu_, 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(930) is from +Nergal-sharani 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 period. He recounts the preparations +made--an ox, two sheep, and two hundred geese. But he says that Ninkai, 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. Nergal-sharani may be the same Ashur-shum-usur +who so often writes to the king about this time. Again Nabu-shum-lishir +writes to the queen-mother(931) about a woman, Kallati, who was intrusted +to the writer in the house of Shama', and about some sheep. + +(M840) (M841) 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 _Epistolary Correspondence_, +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.(932) 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, "An Ancient Babylonian Work on Medicine,"(933) and from the British +Museum Catalogue fully four hundred and fifty such texts are known. Dr. C. +F. H. Kuechler in his _Beitraege zur Kenntniss der Assyrischen Medicin_ 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 (M842) 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. + +(M843) With considerable hesitation the following two letters from the +physician Ardi-Nana to the king Esarhaddon are given, in which Dr. C. +Johnston's rendering is closely followed. In the first, Ardi-Nana 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:(934) + + + To the king, my lord, thy servant Ardi-Nana. 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. + + +There is also another letter(935) from Ardi-Nana 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. + + + 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, "Yesterday, + at evening, much blood ran." 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. + + +The messenger here was a _RAB MU-GI_, 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,(936) Ardi-Nana writes concerning +Ashur-mukin-palea, a younger son of Esarhaddon and brother of +Ashurbanipal. 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,(937) 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(938) he mentions the plant _martakal_, +to which magical efficacy was ascribed. Another long letter,(939) after +the same complimentary opening as the others, goes on: + + + Continually has the king, my lord, said to me, thus, "The nature + of my disease is this, thou hast not seen to it, its recovery thou + hast not effected." Formerly I said before the king, my lord, "The + ulcer is incurable (?), I cannot prescribe for it." 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 ... + + +The rest is obscure, simply because we do not know what the disease, or +remedy, was. + +Shamash-mitu-uballit, probably the youngest son of Esarhaddon, writes to +the king, but whether to his father or his brother Ashurbanipal does not +seem clear, about the health of a lady, in whose well-being the king +seemed to take interest.(940) + + + To the king, my lord, thy servant Shamash-mitu-uballit. Verily + peace be to the king, my lord, may Nabu and Marduk be excessively + gracious to the king, my lord. Verily the king's handmaid, + Bau-gamelat is excessively ill, she can eat nothing. Forsooth let + the king, my lord, send an order and let a doctor come and see + her. + + +(M844) There is also an interesting letter concerning the appointment of a +successor to a dead official,(941) sent by a writer whose name is lost: + + + 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 + Simanai, the son of Nabu-uballit, and the son of the father's + brother, of Ashur-na'id, the deputy priest, with them, shall come + into the presence of the king, my lord. Whoever shall find favor + in the sight of the king, my lord, let the king, my lord, appoint. + + +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:(942) + + + To the king, my lord, thy servant Akkullanu. Peace be to the king, + my lord. Nabu 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, "Who among + the magnates have not complied, have not given, be it much or + little (their default)," yesterday I could not write to the king, + my lord. Now these are the magnates who have not given their dues: + the governors of Barhalza, Rasappa, Kalzi, Isana, Bele, Kullania, + Arpadda; these have failed to pay their dues. Rasappa, Barhalza, + Dikukina, the chief of the vineyards, Daian-Adadi, Isana, + Halziatbar, Birtu, Arzuhina, Arbailu, Guzana, Sharish, Dihnunna, + 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-zer-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. This is + according to their reasons. The king, my lord, as he will, let him + do. + + +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 Harran 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. + +(M845) It is of interest to note that we have a few letters sent by women. +We may select the following:(943) + + + To the scribe of the palace, my lord, thy handmaid Sarai. Bel, + Beltu (of Nineveh?), Beltu of Babylon, Nabu, 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 Bit Naialani took, seven + souls in all, he gave to Marduk-erba. Now the people are here, + they have come to me and say thus: "Say to the scribe of the + palace, Do not cause them to enter into the house of Marduk-erba." + The _saku_ has sealed for them, now he is with them. + + +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. + +(M846) A few quite private letters found their way into the archives of +Nineveh, unless indeed this is a mere freak of the discoverers. Thus:(944) + + + Note from Marduk to Kurigalzu, his brother: Bel and Nabu 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. + + +Here is another from Borsippa:(945) + + + Note from Bel-upak to Kuna, his father: Peace be to my father. + Daily I pray to Nabu and Nana for my father's health of life and I + have fulfilled the duty to Ezida (the temple of Nabu at Borsippa) + for thy sake. When I inquired of Mar-biti (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. + + +(M847) 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 Harran 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. + +(M848) A group of texts, very similar to the letters, only with an +especial character of their own, are the inquiries addressed by Esarhaddon +and Ashurbanipal to the oracle of 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. + +(M849) 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.(946) There we read of "six +articles of _mismakanna_ wood, six _KA_ apiece, one cubit long and one +cubit thick." The thickness is clearly a cubit each way, and we learn that +a cubit cube contained six _KA_. 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. + +(M850) 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.(947) We may summarize it as follows: On the +sixth, the writer went from Bagarri to Sari, from Sari to Arzuhina, from +Arzuhina to Tel-Arzuhina. He stated the distances from city to city, but +these are now lost. This was the first journey. The second journey was +from Tel-Arzuhina to Dur-sisite. The third journey was from Dur-sisite to +Maturaba, from Maturaba to Dur-Taliti. The fourth journey was from +Dur-Taliti to Babiti, from Babiti to Lagabgalagi. The fifth journey was +from Lagabgalagi to the river Radanu, thence to Asri. The sixth journey +was from Asri to Arrakdi. The seventh journey was from Hualsundi to +Napigi, thence to Dur-Ashur. Here we get the whole distance from Arrakdi +to Dur-Ashur as _two kaspu, twenty-four us, twenty-four u_. 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 Dur-Ashur to Tarzini, +thence to Banbala. The ninth journey was from Banbala to Ishdi-dagurrai, +thence to Gupni-Bel-Harran, _one kaspu, five us, fifty-four u_. The tenth +journey was from Gupni-Bel-Harran to Dur-Adadi-rimani, thence to +Dur-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. + + + + +X. Letters Of The Second Babylonian Empire + + +(M851) 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. + +Thus,(948) one reads: + +(M852) + + + Note from Nabu-shum-lishir to Bel-uballit and Ki ... my brothers. + Bel and Nabu decree the well-being of my brothers. Two _GUR_ of + dates to Bel-nasir, two _GUR_ to Shamash-pir'-usur, from the store + for seed let my brothers give. Adar the ninth, year eleven, + Nabonidus, King of Babylon. + + +Or,(949) + +(M853) + + + Note from Shamash-erba to Har-ibni, my brother: When I send + Shamash-uballit to thy presence, do thou send ninety _KA_ of meal + by his hand. Verily thou knowest. Besides the twelve _KA_ of meal + before is this. Adar the thirteenth. + + +A somewhat longer but imperfect letter(950) reads: + +(M854) + + + Note of Nadinu to the priest of Sippara, my brother: Verily, peace + be with thee. To my brother, may Bel and Nabu 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 + _kepu_ of Rahza I sent, and money for the seeds I gave him. He + received it. Let me hear news and the welfare of my brother. + + +Of some interest for the nature of public works is:(951) + + + Note from Shapik-zer to Har-ibni, my brother: The gods decree thy + well-being. Give ninety-six _KA_ of meal to the men who are + digging the canal. Kislimnu, the twentieth, fifth year, Cyrus, + King of Babylon, king of lands. + + +Or this:(952) + +(M855) + + + Note from the priests to Har-ibni, our brother: The gods decree + thy welfare. Give thirty-six _KA_ of meal to Ardi-Har, for the + king's men who dig the canal. Kislimnu the twenty-fifth, year + five, Cyrus, King of Babylon, king of lands. + + +The following is another of the best-preserved letters of this +period:(953) + +(M856) + + + Note from Nergal-ah-iddin to Iddin-Marduk, my father: Bel and Nabu + 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, + Nabu-mattua 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. + + +(M857) 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. + +Dr. T. G. Pinches published the text of three letters of this period in +_Recueil des Travaux_.(954) Two are very fragmentary; the third reads +thus: + + + Note from Suka to Bel-zer-ibni, my father: May Bel and Nabu decree + health and wealth to my father. Now I am going without the ass. + Give the ass to Shamash-etir; let him send it. Give him the + clothes (?). + + +Here is an interesting letter:(955) + + + Note from Daian-bel-usur to Shirku, my lord: Every day I pray to + Bel and Nabu for the health of my lord's life. Concerning the + lambs, which my lord sent, Bel and Nabu 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 + Nabu. 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, "Wherefore hast thou not sent a messenger + and measured out the crop?" Forthwith (?) I will send to thee, let + a messenger of thy appointing (?) take it and keep it. + + +Several words in this text are not found elsewhere, but very strangely we +know much about the persons. Shirku, whose other name was +Marduk-nasir-aplu, son of Iddina, 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.(956) Daian-bel-usur and his wife Nana-bel-usri were slaves of +Shirku, 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 Kalba. They lived in the town of Suppatum. + +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, +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. + + + + + +APPENDIX + + + + +I. The Prologue And Epilogue To The Code Of Hammurabi + + +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 "rabid buffalo" 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. + +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 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 +"mighty" is as likely to be correct as "wise." 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 "superb potter," 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. + +Prologue To The Code Of Hammurabi + +When the most high God (Anu), king of the spirits of heaven (Anunnaki), +(and) Bel, 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 +Bel call me by name, Hammurabi, 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. +Hammurabi the (good) shepherd, the choice of Bel, am I, the completer of +plenty and abundance, the fulfiller of every purpose. For Nippur, and +Durili (epithet of Nippur or part of it?), I highly adorned E-KUR (the +temple of Bel there). In powerful sovereignty I restored Eridu and +cleansed E-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 E-SAG-GIL (the temple of Marduk at +Babylon). Descendant of kings whom Sin had begotten, I enriched the city +of Ur, and humbly adoring, was a source of abundance to E-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 E-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 E-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 E-AN-NA +(temple of Nana 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 +E-GAL-MAH (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 E-ME-TE-UR-SAG (the temple at Kish). I made secure the great +shrine of Ninni. I ordered the temple of Harsagkalama E-KI-SAL-nakiri, by +whose assistance I attained my desire. I restored Kutha and increased +everything at E-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 E-ZI-DA (temple of Nabu +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 E-50 (the temple of "the fifty" at Sirpurla). I scattered my +enemies. As the favorite of Telitim (a god), I fulfilled the oracles of +Hallab 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 +Bit Karkara. I fastened the ornaments in E-UD-GAL-GAL (temple there). As a +king who gave life to Adab, I repaired E-MAH (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 Nergal there). The wise, the +restorer, who had conquered the whole of the rebellious, I rescued the +people of Malka 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 E-DUP-DUP. High of purpose and wise in +achievement for the great gods, descendant of Sumu-lail, eldest son of +Sin-muballit, 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--(_the words of the Code are the completion of the +sentence. The king implies that its regulations were the outcome of this +legislative decision_). + +The Epilogue + +The judgments of righteousness which Hammurabi, the powerful king, +settled, and caused the land to receive a sure polity and a gracious rule. + +I am Hammurabi, the superb king. Marduk gave me to shepherd the +black-headed race, whom Bel 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 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 Bel, I raised up its head (the stele's) in E-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 E-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: "This Hammurabi 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." Let him recite the document. Before +Marduk, my lord, and Sarpanitum, my lady, with full heart let him draw +near. The colossus and the gods that live in E-SAG-GIL, or the courts of +E-SAG-GIL, let him bless every day before Marduk, my lord, and Sarpanitum, +my lady. + +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. Hammurabi, +the king of 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. + +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, +patesi, 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 Bel 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 E-KUR, the lady +who made my plans prosperous, make his words in the matter of justice and +law to be hateful before Bel. 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 Bel, 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 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 +_E-KUR_, 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 Nergal, 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 _E-KUR_, 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 E-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 Bel, which in his mouth are +irrevocable, curse him and quickly overcome him. + + + + +II. Chronology + + +The following tables make no pretence to finality. In Babylonian history +no date before B.C. 747 can be considered absolutely fixed. In Assyrian +history the Eponym Canon certainly goes back to about B.C. 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. + +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 _Mittheilungen der Vorderasiatischen Gesellschaft_, 1897, No. 2, +and _Orientalistische Litteratur-Zeitung_, 1900, pp. 143, 175, 212. +Radau's _Early Babylonian History_ may be consulted for the earliest +dates. + +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. + +For Assyrian chronology, see _Annals of the Kings of Assyria_, by Budge +and King, 1902. + +Assyria + +Early Patesis, Dates Conjectural, Order Uncertain + +Ushpia, +Ilushuma, +| +Irishum, _circa_ B.C. 2100 +| +Ikunum, +Ishme-Dagan, _circa_ B.C. 1930 +| +Shamshi-Adad I., _circa_ B.C. 1910 +Igur-kapkapu, +| +Shamshi-Adad II., +Bel-upahhir (?), +| +Shamshi-Adad III. + +Early Kings, Dates Conjectural + +_circa_ B.C. + +Bel-ibni, +Sulili (?), +Bel-kapkapu, 1700 +Ashur-bel-nisheshu, 1500 +Puzur-Ashur, 1470 +Ashur-nadin-ahe, 1430 +Ashur-uballit, son, 1420 +Bel-nirari, son, 1400 +Pudi-ilu, son, 1397 +Adad-nirari I., son, 1395 +Shulmanu-asharid (Shalmaneser) I., son, 1380 +Tukulti-Ninip I., son, 1340 +Ashur-nasir-pal I., 1330 +Ashur-narara, 1300 +Nabu-daian, 1295 +Bel-kudur-usur, 1290 +Ninip-apil-esharra, 1285 +Ashur-dan, son, 1260 +Mutakkil-Nusku, son, 1250 +Ashur-resh-ishi, son, 1220 +Tukulti-apil-esharra (Tiglath-pileser) I., son, 1200 +Ashur-bel-kala, son, 1090 +Shamshi-Adad IV., brother, 1080 +Ashur-nasir-pal II., 1050 +Erba-Adad (?), +Ashur-nadin-ahe, +Ashur-erbi, +Tukulti-apil-esharra (Tiglath-pileser) II., 950 +Ashur-dan II., son, 930 +Adad-nirari II., son, 911 + +Dates Certain From Eponym Canon + + B.C. +Tukulti-Ninip II., son, 890 +Ashur-nasir-pal III., son, 884 +Shulmanu-asharid (Shalmaneser) II., 859 +Shamshi-Adad V., 824 +Adad-nirari III., 811 +Shulmanu-asharid (Shalmaneser) III., 782 +Ashur-dan III., 772 +Ashur-nirari II., 754 +Tukulti-apil-esharra (Tiglath-pileser, Pul) III., 745 +Shulmanu-asharid (Shalmaneser) IV., 726 +Sharru-ukin (Sargon) II., 721 +Sin-ahe-erba (Sennacherib), son, 704 +Ashur-ah-iddin (Esarhaddon), son, 680 +Ashur-bani-pal (Asnapper), son, 668 +Ashur-etil-ilani, son, 625 +Sin-shum-lishir, (?) +Sin-shar-ishkun, (?) +Fall of Nineveh, 607 + + + + +III. Weights And Measures + + +I. Weights + +1 shekel = 180 _se_. +1 mina = 60 shekels. +1 talent = 60 minas. + +The weight of the mina may be reckoned in round numbers as 500 grams. + +II. Measures Of Capacity + +_Early Scale_ + +1 GIN = 180 _se_ (?). +1 KA = 60 GIN. +1 GUR = 300 KA. + +_Later Scale_ + +1 GUR = 180 KA. + +III. Measures Of Length + +1 ell (U) = 60 _ubanu_. +1 _kanu_ = 6 ells. +1 GAR = 2 _kanu_. +1 KASBU = 1,800 GAR. + +On other measures see A. D. D., ii., pp. 197-218. The ell is about half a +metre. + +IV. Measures Of Surface + +1 GIN = 180 _se._ +1 SAR = 60 GIN. +1 GAN = 1,800 SAR. + +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 KA. + +V. Measures Of Time + +1 day = 12 double hours. +1 month = 30 days, average. +1 year = 12 months, average. + +Further details may be obtained from Zimmern's _Das Princip unserer +Zeit-und Raumteilung_, in the _Berichten d. philolog. histor. Classe d. +Koenigl. Saechs. Gesellschaft der Wissenschaften zu Leipzig_. November 14, +1901. + + + + +IV. Bibliography Of The Later Periods + + +THE NEW BABYLONIAN EMPIRE + +*Nabopolassar.*--Strassmaier published nineteen texts in _Z. A._, iv., pp. +141-45, of which three are transcribed and translated in _K. B._, iv., pp. +177-81. Dr. Pinches gave another, _C. T._, iv., p. 14, and another in +Peek-Pinches, p. 3. Dr. Moldenke gave nine other texts in his _Cuneiform +Texts from the Metropolitan Museum of Art, New York_. + +*Nebuchadrezzar II.*--Strassmaier published 460 texts in _Hefts V.-VI._, of +the _Babylonische Texte_, of which thirty-one are transcribed and +translated in _K. B._, iv., pp. 180-201, and forty are discussed in +Kohler-Peiser's _Aus Babylonischen Rechtsleben_. Two texts are published +by Pinches, _C. T._, iv., p. 38, two more in Peiser's _Babylonische +Vertraege_, six texts from the Liverpool Museum were published by +Strassmaier in the _Actes du VI. Congres Internationale des Orientalistes, +1883_. Some of the above texts belong, however, to the reign of +Nebuchadrezzar III. + +*Evil-Merodach.*--Evetts published twenty-four texts in _Babylonische +Texte, Heft VI., B_, of which _K. B._, iv., pp. 200-3, gives +transcriptions and translations of two. Kohler-Peiser discuss eight in +_Aus Babylonischen Rechtsleben_ and add one more. Strassmaier published +two from the Liverpool Museum in the _Actes du VI. Congres Internationale +des Orientalistes, 1883_. + +*Neriglissar.*--Evetts published seventy-two texts in _Babylonische Texte, +Heft VI., B_, pp. 25-82. Of these four are transcribed and translated in +_K. B._, iv., pp. 202-7 and Kohler-Peiser discussed fourteen in _Aus +Babylonischen Rechtsleben_. In _Babylonische Vertraege_, Peiser published +another; and Strassmaier published three from the Liverpool Museum in the +_Actes du VI. Congres Internationale des Orientalistes, 1883_. + +*Laborosoarchod.*--Evetts published six texts, _Babylonische Texte, Heft +VI., B_, pp. 85-90. Of these, one is transcribed and translated in _K. +B._, iv., pp. 206-7. Strassmaier published four in the _Actes du VIII. +Congres Internationale des Orientalistes, 1889_. + +*Nabonidus.*--Strassmaier published 1134 texts in _Babylonische Texte, Heft +I.-IV._ Of these, _K. B._, 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 _Aus +Babylonischen Rechtsleben_ and add one more. Pinches published two, _C. +T._, iv., pp. 30-41, and four in Peek-Pinches. Dr. Peiser gave another in +_Keilschriftliche Acten-Stuecke_, No. 3, two from the British Museum. +Strassmaier published six from the Liverpool Museum in the _Actes du VI. +Congres Internationale des Orientalistes, 1883_. Dr. Moldenke gave +forty-two texts in his _Cuneiform Texts in the Metropolitan Museum of Art, +New York_. + +PERSIAN PERIOD + +*Cyrus.*--Strassmaier published 384 texts in _Babylonische Texte, Heft +VII._, of which _K. B._, iv., pp. 253-85 gives transcriptions and +translations of twenty-four, and Kohler-Peiser discussed thirty-four in +_Aus Babylonischen Rechtsleben_, adding four new texts. In +_Keilschriftliche Acten-Stuecke_, Peiser gave two more; in _Babylonische +Vertraege_, fourteen more. Strassmaier gave two from the Liverpool Museum, +in the _Actes du VI. Congres Internationale des Orientalistes, 1883_. +Pinches published another in Peek-Pinches, Dr. Budge another in _Z. A._, +vii., p. 219. + +*Cambyses.*--Strassmaier gave 441 texts in _Babylonische Texte, Heft +VIII.-IX._, but in these no distinction is made between the reigns of +Cambyses and Cyrus, Cambyses alone, Cyrus alone. _K. B._, 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 _Aus Babylonische Rechtsleben_. Peiser gave seventeen more +in _Babylonische Vertraege_ 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 _Actes du VI. Congres Internationale des +Orientalistes_. Pinches published one in _C. T._, iv., one in +Peek-Pinches. Dr. G. A. Barton published two in the _American Journal of +Semitic Languages, January, 1900_. + +*Barzia.*--Strassmaier published nine texts, _Z. A._, iv., pp. 147 ff., of +which four are transcribed and translated, _K. B._, iv., pp. 294-98. +Peiser gave three more in _Babylonische Vertraege_. Strassmaier published +one from the Liverpool Museum in the _Actes du VI. Congres Internationale +des Orientalistes, 1883_. + +*Nebuchadrezzar III.*--In _K. B._, iv., pp. 298-303, three are transcribed +and translated from those published above and ascribed to Nebuchadrezzar +II. + +*Darius.*--Strassmaier has published 579 texts in _Babylonische Texte, Heft +X.-XII._, of which _K. B._, iv., pp. 302-11 gives transcription and +translation of nine. Kohler-Peiser discuss ninety-six in _Aus +Babylonischen Rechtsleben_ and add seven more. Pinches published six in +_C. T._, ii., p. 2; iv., pp. 21, 32, 41, 43, 44; and twelve in +Peek-Pinches. Peiser gave fifteen in _Keilschriftliche Acten-Stuecke_, and +fifty-five in _Babylonische Vertraege_ from the Berlin Museum, twenty-four +from the British Museum. Dr. G. A. Barton gave twenty-seven in _American +Journal of Semitic Languages, January, 1900_. Strassmaier gave six from +the Liverpool Museum in the _Actes du VI. Congres Internationale des +Orientalistes, 1883_. Dr. Budge published three in _Z. A._, iii., pp. 216 +ff. + +*Shamash-erba.*--Strassmaier published one text of this period in _Z. A._, +iii., p. 157 f. + +*Xerxes.*--Evetts published four texts, _Babylonische Texte, Heft VI., B_, +pp. 91-94; of these _K. B._, iv., pp. 310-11 gives transcription and +translation of one. Pinches published one, _C. T._, iv., p. 34, Dr. G. A. +Barton gave one in _American Journal of Semitic Languages, January, 1900_. +Strassmaier published seven in the _Actes du VIII. Congres Internationale +des Orientalistes, 1889_. + +*Artaxerxes.*--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 _B. A. S._, iv. Dr. Peiser gave a transcription and translation of one +from his own copy, _K. B._, iv., pp. 312-13. Kohler-Peiser give two more +in _Aus Babylonischen Rechtsleben_. Dr. G. A. Barton gave four in +_American Journal of Semitic Languages, January, 1900_. Strassmaier +published nine in the _Actes du VIII. Congres Internationale des +Orientalistes, 1889_, and one in _Z. A._, iii., p. 158. + +MACEDONIAN PERIOD + +*Alexander IV.*--Strassmaier, _Z. A._, iii., p. 150, transcribed and +translated one, also _K. B._, iv., pp. 312-13. Pinches gave one, _C. T._, +iv., p. 39. + +*Seleucus II.*--Oppert, _Doc. Jur._, pp. 301 ff., gave two, one given +again, _K. B._, iv., pp. 312-17. Pinches gave another, _C. T._, iv., p. +29. Strassmaier published one in _Actes du VIII. Congres Internationale +des Orientalistes, 1889_; and one, _Z. A._, iii., p. 152 f. + +*Demetrius.*--Strassmaier published two, _Z. A._, iii., pp. 148-50. + +*Antiochus III.*--Strassmaier published one, _Z. A._, iii., p. 150 f., +transcribed and translated also, _K. B._, iv., pp. 316-17. + +ARSACIDE PERIOD + +Strassmaier published sixteen texts, _Z. A._, iii., pp. 143 ff., one is +given in transcription and translation, _K. B._, iv., pp. 318-19. + + + + + +INDEX + + +Superior Roman numerals refer to sections of the early Babylonian laws, +superior arabic numerals to the laws of the Code of Hammurabi, and +superior capitals to the later Assyrian or Babylonian laws. + +Abatements: + for loss of crop, 48, 45, 46 + for loss of interest, 48, 48 + +Abeshu', letters of, 328 + +Accidental loss: + by drought, etc., payment postponed, 48, 48 + by storm or rain falls on tenant, 48, 45 + shared by tenant and owner if rent unpaid, 48, 46 + +Accounts and business documents: + account books, 295 + acknowledgment of advances, 302 + amounts of food-stuffs, 301 + Assyrian lists, 298 + conditions of service with flock and herds, 296 + herdsman's, 297 + its obscurity, 297, 298 + iron articles, mention of, 302 + leather, 301 + receipts for loans, 295 + records of measurements, 296 + repairs and expenses, 296 + sheep-shearing, 300 + skins, 301 + steward's accounts, 302 + weaving, 300 + wool, memoranda regarding, 299 + +Adjournment of case: + not to exceed six months, 45, 13 + to call witnesses, 45, 13 + +Adoption: + adoption implied inheritance, 157, 160 + brought responsibilities to both parties, 155 + by craftsman, who has taught him his handicraft, 61, 188, 189; + he cannot be redeemed, 61, 188; + but redeemable if not taught, 61, 189 + by deed signed and sealed, 155 + by wealthy persons, 160 + consent of others in the family, 156 + duties of adopted children, 158, 159 + such as service, 159 + form of adoption, 157 + frequency and reasons for, 154 + if disinherited, he receives one-third of son's share before leaving, + 61, 191 + but not field, garden, or house, 61, 191 + method of procedure, 155 + of child of unknown parents, 61, 186 + who shall return to parents when known, 61, 186 + of royal favorite, or courtier, or votary, 61, 187; + who shall not be reclaimed, 61, 187 + of natural son, 61, 185 + precautions against suits, 159 + punishment of adopted children, 160 + pure and simple, 156 + repudiation and disinheritance, 157 _sq._ + repudiation by adopted son punished, 61, 192 _sq._ + rights of adoption to be accepted, 61, 190 + system considered, 154 _sq._ + +Adultery: + charges of, 54, 129, 131, 132 + of wife of captive excused, 54, 134 + penalties for, 117, 118 + penalty, strangling, 54, 129 + drowning, 54, 133 + +Advocate or pleader, 88 + +Affidavit as to cause of death, 65, 249 + +Agent. _See_ Merchant: + disputing with principal, 51, 106, 107 + his power of attorney, 44, 7, 292 + his relations with the principal, 51, 100-107 + if loses or unsuccessful, or robbed, repays capital, 51, 101-103 + must give strict account of intromissions, 51, 104 + must have power of attorney, 69 + must keep accounts, 51, 100 + of money received, 51, 100 + of interest due, 51, 100 + must receive sealed acknowledgment, 51, 104 + pays threefold for misappropriation, 51, 106 + relation to the merchant, 281 _sq._ + +Agnates, their power, 137 + +Agriculture, its form, duties, and risks, 48 _sq._ + +Alienation: + by assignments, 218 + by business transfer, 218 + by donations and bequests, 218 _sq._ + by gifts to votary, daughter, wife, 220, 221 + consent of legal heirs, 221 + of property, 218 _sq._ + of public property forbidden, 47, 33 sq. + restricted by family rights, 219 + +Allowances: + to divorced wife, 54, 137 + usufruct to bring up the children, 54, 137 + +Alteration of bond by post-dating, 48, 48 + +Ammi-ditana, letters of, 328 + +Ammi-zaduga, letters of, 329 + +Ancestors: + as a family bond, 120. + _See_ Family + +Ancestral: + domain, lands subject to, 187 + estates, 194 + +Apprentice, slave taught as, 181, 182 + +Armenia, references to, in Sennacherib's letters to Sargon, 338 _sq._ + +Artificers of the temple, 213 + +Ashurbanipal: + friendly letters of, 360 _sq._ + inquiries about oracles, 379 + letters illustrating his reign, 347 _sq._, 352, 353 _sq._, 361 _sq._ + son of Esarhaddon, 366 + value of his library, 6, 10, 31 + +Assault: + fatal, to free-woman, 62, 209, 210 + to plebeian, 62, 212 + to slave, 62, 214 + of freeman by slave, 62, 205 + of man of higher rank, 62, 202, 203 + of pregnant free-woman, causing miscarriage, 62, 209 + of plebeian by plebeian, 62, 204 + of pregnant plebeian, causing miscarriage, 62, 211 + of pregnant slave, causing miscarriage, 62, 213 + +Assessment of damages. _See_ Damages: + by sheep to green crop, 49, 57 + to ripe crop, 49, 58 + for assault. _See_ Assault, Fines + for failing in terms of lease, 48, 42, 44 + for lack of professional skill. _See_ Surgeon, Veterinary + for neglect. _See_ Neglect + tree cut without consent, 50, 59 + +Assignment for debt: + of all the debtor has, 50, z + of crop, 48, 49, 49, 50 + of date plantation, 50, x + of wife, son, or daughter, 52, 117 + +Assyrian: + epochs, 31 + estimated proportion of slaves, 182 + usages regarding slaves, 171 + +Attorney: + power of, for executing a deed, 69 + for representative action, 294 + for protecting rights, 293 + its use, 44, 7, 292 + over funds, 294 + +Average: + crop in damages, 49, 55 + rent in damages, 48, 42, 43, 50, 62, 65 + +Babylonia: + boundaries of land, 190 _sq._ + canals, irrigation, 185 + early postal system for letters, 309 + importance of studying, vii _sq._ + influence of natural features, 184 + its epochs, 15, 34, 131, 182 + land tenure in, 184 _sq._ + lasting effects of its civilization, vii + law later, 69 _sq._ + names in slavery, 177, 178 + ownership of land, 185, 186 + primitive tenure, 185 _sq._ + proportion of slaves in the population, 182 + village lands, 185 + +Bailiff. _See_ Official: + has charge of cropping the farm, 48, 49, 49, 52 + +Bailment: + from minor or slave without bond or witnesses, 44, 7; + and penal equals theft, 44, 7 + +Banishment: + as an ancient custom, 98 + from the city for incest, 56, 154 + +Bank, temple the popular place of deposit, 210, 211. + _See_ Temple + +Beer-seller: + bound to summon slanderers and brawlers to palace, 52, 108 + gives 60 KA of _sakani_ beer for 50 KA of corn, 52, 111 + prosecuted and drowned, 52, 108 + +Beer-shop: + closed against votaries, 52, 110 + drink to be not cheaper than corn, 52, 108 + not allowed for unlawful assemblies, 52, 109 + regulation of, 52, 108-110 + votary forbidden, 52, 110 + +Benefice: + may be assigned to son, 46, 29 + deputed, 46, 27-29 + forfeited by neglect or disuse, 47, 30 + may not be assigned for debt, 47, 39 + bequeathed, 47, 38 + given for ransom, 47, 32 + given in exchange, 48, 41 + may not be bequeathed or assigned for debt, 47, 38, 39 + may not be given in exchange, 48, 41 + penalty for its abuse or neglect, 46, 27-29, 47, 30, 31 + price paid for it forfeited, 47, 35, 37 + or alienated, 47, 32 _sq._; by sale, 47, 32 _sq._ + +_Bennu_, slave disease, 67, 280, 170 + +Bequest: + power of, restrained, 56, 150 + free, 56, 150 + +Betrothed: + betrothal in early life, 132 + maiden in her father's house, 54, 130, 132 + marriage ceremony, 132 + seduction of, 54, 130, 132, 134 + +Bibliography: + Arsacide Period, 402 + Macedonian Period, 402 + New Babylonian Empire, 399 + Persian Period, 401 + +Bigamy: + considered as a custom, 134 + in ignorance, 54, 135 + +Boat: + building of, 64, 234 + fast, hired, 67, 276 + in collision, 64, 240 + one of 60 GUR hired, 67, 277 + value in trading, 284, 285 + wreck of, 64, 235-238 + +Boatmen, carriers and builders, their duties and responsibilities, 64, 234 + _sq._ + +Bond, written deed or contract sealed: + Assyrian, of great length, 231 + body of the deed uniform, 229 + deed of house sale, 241 + destroyed on payment, 260 + drawn by scribe, 83 + for adoption, signed and sealed, 155 + for debt, 49, 52 + for deed of gift to son, 57, 165 + for legal marriage, 54, 128 + for legal purchase, 44, 7 + for rent due, 48, 47 + for storage, 53, 122 + in marriage contract, 130 + in Sumerian or in Semitic, 229 + interests safeguarded, 232 + its value as a legal witness, 80 _sq._ + kept how and where, 12 + legal memoranda in security, 10, 12, 282 + marriage contracts, few met with, 137 + marriage deed of gift, 56, 150 + notary's fee for, 231 + of herdsman, 66, 264 + often the subject in pledge, 263 + power of attorney for sealing, 69 + preserved in temple archives, 227 + production of, 112 + specifications of items, 230, 231 + earnest-money to close the bargain, 230 + specimen deed of sale, 228 + to daughter of concubine, 60, 183 + to votary's dowry from her father, 59, 178, 60, 179, 180, 181 + usually in duplicate, 12 + valuable for information, 236, 242, 247 + with free gifts, 219 + +Boundary stones, 191 + as inviolable landmarks, 191, 192 + description of, in deeds, 238 + street named as boundary, 241 + usually rectangular, 238 + +Branding, brander, 63, 226, 227, 176 + on forehead for slander, 53, 127, 176 + on freeman escaped from levy-master, 176 + or tattooing a slave, 176, 177 + slave without owner's consent, 63, 226, 227 + son's wife branded and sold, 140 + +Brawling in beer-shop, 52, 109 + +Breach: + of contract by lessee, 48, 42, 44 + of promise of marriage, 57, 159, 124 + +Bribery punished, 321 + +Bride-price: + and marriage-portion, 55, 138, 57, 159, 123 _sq._, 129 + and trousseau, 129 + assessed at one mina of silver as price of divorce, 55, 139, 125 + assessed at one-third mina of silver if plebeian, 55, 140 + deducted from marriage-portion, 57, 166, 124 + given back to barren wife when divorced, 55, 138 + its ceremonial presentation, 124, 128 + its principle considered, 123, 124, 125, 128, 130 + negotiations regarding the payment, 125, 126, 128 + reserved from father's estate for minor son, 57, 166, 127, 130 + retained by bride's father, 57, 159 + returned double, 57, 160, 161, 124 + +Bronze lancet, for surgical operations, 63, 215, 218, 220 + +Builder, his duties and responsibilities, 63, 228, 64, 229 _sq._ + +Burglary, with death penalty, 44, 6, 46, 21 + +Burial vault in a house, 245 + +Burning as penalty: + man and mother in incest, 56, 157 + thief in the same fire, 46, 25 + +Buyer must discharge duties of subject, 48, 40 + +Buying and selling, general law of, 44, 7, 45, 9-12 + +Calling to account: + for intromissions, 52, 108-116, 53, 124 + for neglect, 48, 42 + in divorce case, 55, 141 + in nursing, 61, 194 + in prosecution, 66, 265 + +Canals: + used in trading, 284, 285, 319, 320, 321 + digging, 383, 24 + +Cappadocian tablets, 29 + +Captives: + by enemy for ransom, 47, 32 + in war, 54, 133, 135 + question as to marriage relations, 54, 133, 135 + +Caravans, their place in trading, 282, 283 + +Carrier's responsibilities, 52, 112 + fivefold restitution, 52, 112 + +Cataract, operations for, 63, 215, 218, 220 + +Chedorlaomer, supposed reference to, 316, 318 + +Children. _See_ Inheritance: + age of at majority, 149 + betrothed, remained in the father's house, 149 + born of supposed widow remain with second husband, 54, 135 + commonly educated, 153 + could be preferred by father, 57, 165, 148 + daughters under the father's disposing, 148 + dedicated to temple, 224 + legitimate and illegitimate, 134 + may receive bequest from their mother, 56, 150 + of different mothers share equally in their father's estate, 58, 167 + of different mothers share equally in their own mother's estate, 58, 167 + of divorced mothers, their legal rights, 54, 137 + of second wife take one-third of the property, 71 + of slave and free-woman provided for, 59, 175, 176 + of wife and maid may share equally, 58, 170 + of wife or those of the maid made free, 58, 171 + punishment of unfilial conduct in, 61, 195, 149 + sacrifice of by fire, 233 + schools for and education of, 152, 153 + sold into slavery, 178 + status of, in the inheritance, 58, 170, 171 + their childhood and early life considered, 151-153 + their obligations and rights, 148 _sq._, + their relation to paternal rights, 52, 117, 148 + under the mother at their father's death, 149, 150 + +Chronology: + Assyria, 397, 398 + "of the king," 25 + system of the tablets, 23 + tables of, 396-398 + +Coin. _See_ Loans: + current, 253 + +Collision of boats, law of, 64, 240 + +Commerce, how controlled by the State, 324 + +Commission, trade on, 51, 100-105. + _See_ Agent, Merchant + +Compensation: + as granted by the court, 99 + for eviction of tenant, 50, Y + for highway robbery, 46, 23 + of official, 76 + +Composition: + for bride-price, 55, 139 + for loss of life, 52, 116 + +Comrade: + breaks off a marriage by calumny, 57, 161, 124 + shall not marry the girl, 57, 161, 124 + +Concubine: + divorced, free to marry, 54, 137, 135 + had marriage-portion, 134 + her daughter, dowered by deed, shall not share in father's estate, 60, + 183, 135 + her daughter, if not dowered, shall be presented with marriage-portion, + 60, 184 + if a mother and divorced, her legal rights, 54, 137, 135 + if a mother, cannot be sold, 55, 146, 135 + if childless, may be sold, 55, 147, 135 + may receive a slave-mark, 55, 146, 135 + must not rival wife, 55, 145, 135 + not equal in status to votary, 55, 144-147, 135 + restrictions on her marriage, 55, 144-147 + +Concubinage as a system, 134, 135 + +Conjugal rights, denial of, 55, 142, 142 + denial of, counted equal to desertion, 142 + liable to judicial inquiry, 142 + +Contracts, old, their present value, xii _sq._ + +Corn: + cultivated and paid in rent, 48, 49 + given on loan, 253 + tithed to the temple, 208 + under charge of the bailiff, 48, 49, 49, 52 + with sesame, 48, 49, 49, 50-52 + +Corporate liability, 46, 23, 47, 32 + +Corvee. _See_ Militia + +Cow in milk, on hire, 65, 243 + +Courts of law: + cases before, 87 + form of procedure, 83 _sq._, 87 _sq._ + nature and action, 80 _sq._ + penalties from, 95 + settlements out of, 87, 111 + +Creditor. _See_ Merchant, Debtor: + cannot take property without owner's leave, 52, 113 + in marital responsibilities, 56, 151, 152 + may not pay himself without debtor's consent, 52, 113 + may sell pledged slave, 53, 118 + must restore all illegally taken, 52, 113; and forfeits his claim, 52, + 113 + punishable for cruel treatment of hostage, 52, 116 + responsible for fair treatment of hostage, 52, 115 + +Criminal law, 116-118 + +Crop: + in pledge for debt, 48, 48 + its duties, 49, 49-52 + kinds cultivated, 48, 44, 46, 48, 49, 49, 50, 51, 52 + +Cultivation: + duties and rent, 48, 42 _sq._ + of field described, 48, 43, 44 + +Custody of child in mother, 46, 29 + +Cutting down trees, assessment of damage, one-half mina of silver, 50, 59 + +Damage to crops: + by cutting down trees, one-half mina of silver per tree, 50, 59 + by flood assessed at average crop, 49, 55; + assessed at 10 GUR of corn for each GAN of land, 49, 56 + by sheep assessed at 20 GUR of corn for each GAN of land, 49, 57; + assessed at 60 GUR of corn for each GAN of land, 49, 58 + +Damages due. _See_ Fines: + for flooding from open dike wall, 49, 53, 54, 55, 56 + for illegal eviction, 50 + not a fine, 91 + to deceased's relatives, one mina of silver, 46, 24 + +Death: + of defendant, 45, 12 + of housebreaker, 46, 21 + +Death penalty: + by burning, 56, 157, 97 + by drowning of a woman, 56, 155, 97, 143 + by strangling, 56, 155 + considered as an ancient custom, 96 + for adultery, 54, 133, 142 + for alleged purchase of lost property, 45, 10 + for allowing seditious meetings in beer-shop, 52, 109 + for appropriation of lost property, 45, 9 + for buying from minor or slave, 44, 7 + for conniving at her husband's murder, impaling, 56, 152 + for dereliction of official duty, 46, 26, 47, 33 + for employing a substitute in official duty, 46, 26, 47, 33 + for harboring fugitive slaves, 5, 16; + to default the forced labor, 45, 16 + for highway robbery, 46, 22 + for housebreaking, 46, 21 + for kidnapping a child, 45, 14 + for oppressing subordinates, 47, 34 + for perjury, 44, 3 + for procuring desertion of slaves, 45, 15 + for rape of betrothed maiden, 54, 130 + for receiving stolen goods, 44, 6 + for repudiating her husband, 141, 143 + for retaining captured slave, 46, 19 + for sacrilegious theft, 44, 6 + for slander and stirring up strife, 45, 11 + for theft and unable to pay, 44, 8 + for theft at a fire, 46, 25 + for undutifulness and slander, drowning, 55, 143, 143 + for witchcraft, 44, 1 + on adulterers, 54, 129 + on builder for bad work, 64, 229 + on builder's son, 64, 230 + on votary frequenting beer-shop, 52, 110 + +Debt: + abatement for damages by storm, deluge, or drought, 48, 48 + creditor to have no call for year's interest, 48, 48 + debtor's obligation not lessened, 49, 52 + laws of Mancipium, 52, 115-117, 53, 118, 119 + question of ante-nuptial, 56, 151 + property held as security for, 263. _See_ Pledges + +Debtor: + how secured against illegal process, 52, 113; + illegal distraint, 52, 114 + may pay in kind, 51, Z + +Debts: + of husband and wife, mutual obligations, 56, 152 + question of pre-nuptial, 56, 151 + +Decision of judge in lawsuit, 91, 92 + +Decisions, legal, considered, 100 _sq._ + +Dedication: + of land to temple, 223, 224; + to secure divine favor, 223, 224 + +Deed. _See_ Bond: + of gift, with bond, 72, E + settlement on wife, 132 + with the gifts, 222 _sq._ + +Defamation of comrade, 57, 161 + +Deferred payment of debt, 48, 48 + +Degradation from judgeship, 44, 5 + +Deification of river Euphrates, 44, 2 + the sacred river, 44, 2 + +Deposit: + how recoverable, 53, 123 + from minor or slave, how made legal, 44, 7 + made in temple for safety and banking, 211 _sq._ + +Desertion: + by wife, 54, 133 + by husband, who returned to claim the property, 102, 144 + involuntary, of wife by husband, 54, 133, 143 + of adoptive parents, 61, 193 + of city and wife, 54, 136 + +Detention of slave, penalty death, 46, 19 + +Diary of a journey, 380 + +Dike: + burst and meadow was flooded, 49, 53 + to be cared for, 199 + +Disinheritance: + by adoptive parents, 157, 160, 167; + done before the judge, 58, 168, 157, 160 + by due legal process, 58, 168, 149, 167 + carried out before a judge, 167 + of adopted child, not complete, 167 + of adoptive parents, 61, 192, 193, 150, 159 + of mother by her son, 149 + of son by his father, 42, III, 149, 167 + of son by his mother, 42, IV, 149, 150 + of son laid before a judge for inquiry, 58, 168, 167 + of son-in-law, 57, 159 + repudiation and reduction to the condition of slave, 166, 39 + +Distraint. _See_ Mancipium: + death of person in, 52, 115, 116 + fine for illegal, one-third mina of silver, 52, 114; + of working ox, fine one-third mina of silver, 64, 241 + illegal on warehoused goods, 53, 120 + security against illegal, 52, 114 + +District or city: + for ransom of official, 47, 32 + liable for highway robbery, 46, 23 + +Divorce: + as regulated by the Code, 141 + custody of the children to the wife, 141 + easiest form of, 55, 138, 143 + easy for the man, difficult for the woman, 141 + grounds of, 141 + laws of, 54, 137, 55, 138 + legal ceremony, 134 + man must give wife or concubine a maintenance, 141 + might marry again, 141 + of concubine, 54, 137; + of votary, 54, 137 + price of divorce, 55, 139, 142 + protection of the wife's rights, 140, 141 + retains right to her marriage-portion, 141 + shares with her children in deceased husband's estate, 141 + wife can only divorce by lawsuit, 143 + wife takes her bride-price and marriage-portion, 55, 188, 141; + if no bride-price, one mina of silver, 55, 139, 141; + from plebeian one-third mina, 55, 140 + +Doctor. _See_ Surgeon, Veterinary: + fees for curing, 63, 215-221 + paid by assailant, 62, 206 + penalties, 63, 218-220 + privileges and responsibilities, 63, 215-221 + +Donations and bequests: + as alienation of property, 218 _sq._ + in Assyria, 222 + in second Babylonian Empire, 222 + to temple a free gift, 223 + to the chief priest of the temple, 223 + +Dowry. _See_ Marriage-portion + +Drowning. _See_ Death Penalty: + as a penalty, considered, 97, 117, 143 + as penalty for selling drink too cheap, 52, 108 + for desertion of husband, 54, 133 + for repudiating her husband, 143 + penalty for adultery, 54, 133 + penalty for incest, 56, 155 + penalty on undutiful and slanderous wife, 55, 143 + +Duplicate: + of court decision, 87 + of tablet, 79 + +Ear cut off as penalty, 62, 205 + +Education in ancient Babylonia, 151-153 + interpretation of signs on the monuments, 165 + phrase-books, 151, 152, 153 + schools, 152 + slaves were apprenticed, 152 + writing and use of word-phrases, 152 + +Elam, Elamites, troubles of, 360 _sq._ + +Elamite contracts, 30 + +Elders as assessors to the judges, 80 _sq._ + +Endowment of temples by kings, 195, 208 _sq._ + +Entailed. _See_ Family: + family property, 122, 184 + land, 184 + +Equals, assault on, 62, 200, 203, 204 + +Esarhaddon, King of Assyria: + his long absences, 371 + inquiries about oracles, 379 + letter from, 360 + sequence in his family, 366, 375, 376 + son of Sennacherib, 108, 369 + +Estates, great, plans of, 249 + +Evicted: + purchaser reimbursed, 45, 9 + tenant reimbursed, 50, Y + +Exchange of benefice illegal, 48, 41 + +Expulsion of judge for altering judgment, 44, 5 + +Eye torn out, 61, 193 + fee for cure of, ten shekels of silver, 63, 215 + in diseased state, 63, 215 + knocked out by assailant, 62, 196 + loss of eye assessed at half value of slave, 63, 220 + operated on with bronze lancet, 63, 215 + +False judgment: + claims for money or goods, 51, 106, 107, 53, 126 + penalty for, 44, 5 + witness, 44, 3, 4 + +Family: + alienation of property restricted by its rights, 219 + attachment to ancestors, 120, 132 + descendants of artisans, 120 + in guilds of trade, 121 + property entailed, 122 + registration by father or master of the house, 128 + registration of birth, marriage, and death, 128 + relations of, centred in marriage, 119 _sq._ + registration of descent of, 121, 128, 132 + +Family life, responsibilities of, to the community, 122 + +Family laws, Sumerian, 9 + +Farm. _See_ Lease: + conditions of tenancy, 276 + fields rented, 276 + house rented, 275 + rental variable, 275 + taken on shares, 276 + +Fatal assaults, 62, 207, 208, 210, 214 + +Father. _See_ Children, Wife: + disinheriting a son, 58, 168, 169 + giving dowry to a daughter, votary of Marduk, 59, 60 + rights, duties, and responsibilities of, 148 _sq._ + +Father-in-law: + and son-in-law not to quarrel over the marriage-portion, 72, E + if guilty of incest, 56, 155, 156 + responsibilities of, to intended son-in-law, 57, 159-161 + +Fees, to surgeon: + for limb or bowels cured, five shekels of silver, 63, 221 + for same on plebeian, three shekels of silver, 63, 222 + for same on slave, two shekels of silver, 63, 223 + for serious operation on cataract, ten shekels of silver, 63, 215 + for same on plebeian, five shekels of silver, 63, 216 + for same on man's slave, two shekels of silver, 63, 217 + for storage of corn, 53, 120, 121 + to builder, two shekels of silver for each SAR built on, 63, 228 + to builder of boat, sixty GUR per man, two shekels of silver, 64, 234 + to veterinary, for curing ox or ass, one-sixth shekel of silver, 63, 224 + +Field. _See_ Land: + in relation to real property, 189 + +Fines imposed for: + assault on patrician, one mina of silver, 62, 204 + assault on plebeian, ten shekels of silver, 62, 203 + assault on pregnant free-woman, miscarried, ten shekels, 62, 209 + assault on pregnant plebeian woman, miscarried, five shekels, 62, 211 + assault on pregnant slave, miscarried, two shekels, 62, 213 + defrauding, 60 GUR of corn for each GAN, 65, 255 + fatal assault by mischance, one-half mina of silver, 62, 207 + fatal assault on plebeian, one-third mina of silver, 62, 208 + fatal assault on plebeian, pregnant, 62, 212 + fatal assault on pregnant slave, one-third mina of silver, 62, 214 + illegal distraint, one-third mina of silver, 52, 114 + imposing distraint on working ox, one-third mina of silver, 64, 241 + not guarding against viciousness of bull, one-half mina of silver, 65, + 251; + if slave killed, one-third mina of silver, 65, 252 + patrician's servant's eye or limb, half his value, 62, 199 + plebeian's eye or limb, one mina of silver, 62, 198 + plebeian's tooth, one-third mina of silver, 62, 201 + seducing son's betrothed, one-half mina of silver, 56, 156 + theft of _shadduf_, or a plough, three shekels of silver, 66, 260 + theft of watering machine, five shekels of silver, 66, 259 + +Fire, theft at, its penalty, 46, 25 + +Fishing rights, how regulated, 328 + +Floods, flooding, by rain, 48, 45, 48 + +Food-stuffs: + accounts of, 301 + request for, 336 + +Forced labor. _See_ Militia + +Forfeitures: + ancient custom in law courts, 95 + for excessive cruelty, 52, 116 + for illegal seizure, 52, 113 + for illegalities, 47, 35, 37, 59, 177 + for neglect, 65, 255, 256 + +Foster-mother: + her duties and liabilities, 61, 194 + penalty, 61, 194 + +Freedom to: + betrothed, after seduction, 56, 156 + brander, if deceived, 63, 227 + concubine, after bringing up her children, 54, 137 + hostage for debt, in fourth year, 52, 117 + widow, if persecuted by her children, 58, 172 + +Freemen made slaves, 177, 178 + +Fugitive slave, 45, 16, 46, 17 + or plebeian, 45, 16 + +Garden plot. _See_ Land, Sales: + in relation to real property, 189 + leasing and working, 50, 60-65 + sold as stocked, 247, 248 + stock, vegetables, 247, 248 + +_Gens_, its relation to the family, 120. _See_ Family + +Gifts: + as conditioned, 219 + as duly executed, signed, and sealed, 219 + as pin-money to a wife, 221 + as restricted, 219 + by father to daughter, 220 + dedication to temple as free gift, 223 + to friends and relatives open to suspicion, 223 + +God: + a party in every case in court, 90 + has struck ox to death, 65, 249 + oaths by, 186, 187 + his temple the first centre of civilization, 186 + +Goring by ox, 65, 250, 251 + +Gouging out eye, 62, 196, 198 + as penalty, 62, 196 + +Governor, prefect: + duties and responsibilities, 47, 33 _sq._ + liable to the death penalty, 47, 33 + may not alienate or appropriate public property, 47, 33 _sq._ + +Granary or barn, safe against creditor, 52, 113 + +Guarantees. _See_ Pledges: + against defects in slave, 269; + suits at law, 270; + theft, 269 + joint responsibility, 269 + regarding slaves, 174 _sq._ _See_ Slavery + securities for debt, 268 + security for appearance, as of witness, 268, 269 + value of securities, 270 + +Guilds: + of trade, 121 + rival, 121 + +Guilty knowledge by buyer of stolen goods, 45, 10 + +Hammurabi: + as an administrator, 317 + brought back the goddesses, 319, 320 + building enterprises, 318 + care for temple revenues, 317 + cares for canals, 320, 321 + Code of laws, 44-67; + its bibliography, 6 _sq._; + its value, 4, 5; + its condition, 6; + history of its text, 5 + decides about taxes, 323, 324 + epilogue to the Code, 389, 392 + letters of, summarized, 316 _sq._; + belong to the first dynasty of Babylon, 316; + their importance, 316 _sq._ + ordering the calendar, 317 + private property, 318 + prologue to the Code, 389, 390 + punishes bribery, 321 + redresses wrong, 321 + supervises justice, 318 + +Hand of God, loss by, 48, 45, 46, 48 + +Hands cut off as penalty: + for branding slave without leave, 63, 226; + careless operation of surgeon, 63, 218; + striking father, 61, 195 + +Harboring fugitive slave, 45, 16 + +Heirs, their reversionary rights, 221 + +Highway robbery, 46, 22-24 + city or district responsible, 46, 22-24 + penalty, 46, 22 + redress for, 46, 23, 2 + +Hire. _See_ Labor, Wages: + by king's standard, 49, 51 + of boat, 3 SE of silver _per diem_, 67, 275; + fast boat, 2-1/2 SE of silver _per diem_, 67, 276; + freight-boat of 60 GUR, 67, 277 + of slave, adjustment of wages, 271 + of slave, 271 + wages or hire fixed for: + artisan, 5 SE of silver _per diem_, 67, 274 + ass for threshing, 10 KA of corn _per diem_, 66, 269 + boatman, 6 GUR of corn _per annum_, 64, 239 + builder, (?) SE of silver _per diem_, 67, 274 + carpenter, 4 SE of silver _per diem_, 67, 274 + field laborer, 8 GUR of corn _per annum_, 65, 257 + herdsman or shepherd, 8 GUR of corn _per annum_, 66, 261 + laborer, first five months, 6 SE of silver _per diem_, 66, 273 + laborer, last seven months, 5 SE of silver _per diem_, 66, 273 + milch cow, 3 GUR of corn _per annum_, 65, 243 + ox herd, 6 GUR of corn _per annum_, 65, 258 + ox for threshing, 20 KA of corn _per diem_, 66, 268 + oxen, wagon, and driver, 160 KA of corn _per diem_, 66, 271 + potter, 5 SE of silver _per diem_, 67, 274 + ropemaker, 4 SE of silver _per diem_, 67, 274 + slave, 10 KA of corn _per diem_, 42, VII + stone-cutter, (?) SE of silver _per diem_, 67, 274 + tailor, 5 SE of silver _per diem_, 67, 274 + wages and time limit, 272, 273 + wagon alone, 40 KA of corn _per diem_, 272 + working ox, 4 GUR of corn _per annum_, 65, 242 + young animal for threshing, 1 KA of corn _per diem_, 66, 270 + +Hiring, risks in: + bull, known to be vicious, kills freeman, one-half mina of silver, 62, + 251 + bull, known to be vicious, kills slave, one-third mina of silver, 62, + 252 + bull, mad and gores, the owner free, 65, 250 + ox, broken horn or torn muzzle or tail cut off, quarter the value of ox, + 65, 248 + ox, cut or broken leg, ox for ox, 65, 246 + ox, died from the elements, on affidavit man is free, 65, 249 + ox gored to death or killed by blows, ox for ox, 65, 245 + ox, loses an eye, half the value of ox, 65, 247 + ox or ass killed by lion in open field, owner's risk, 65, 244 + slave killed, one-third mina of silver, 65, 252 + +Hostage for debt. _See_ Mancipium + +Housebreaking, its penalties, 44, 6, 46, 21, 53, 125 + +Houses: + block of, in Nineveh, 245 + bought as area of land, 187, 188 + burial vault in, 245 + contracts for building, 240 + cost, 246 + deed of sale, 241 + description for sale, 240 + in relation to land, 188 + plans of, and description, 239 + price, 243 + side buildings, 246 + size, 246 + various parts of, 244 + +Hypothecation, law of, 48, 49 + +Identification of lost property, 45, 9 + +Ignorance, plea of, 62, 206, 63, 227 + +Illegal purchase and its penalty, 47, 35, 37 + +Impaling: + as a penalty considered, 97 + death penalty to wife for conniving at her husband's murder, 56, 153 + +Incest: + crime of, 56, 154-158 + of man and daughter, 56, 156 + penalty, man banished the city, 56, 156 + of man and daughter-in-law, 56, 155, 156 + penalty, man strangled and woman drowned, 56, 155 + of man and his mother, 56, 157 + penalty, both burnt, 56, 157 + of man and step-mother, 56, 158 + penalty, to be cut off from his father's house, 56, 158 + of man and woman betrothed to his son, 56, 156 + penalty, half mina of silver and marriage-portion, 56, 156 + +Inheritance. _See_ Marriage: + implied in adoption, 157, 160 + of sons by second marriage, 71, D + rights of, considered, 161 _sq._ + succession by law of descent, 121 + +Interest: + by the king's standard, 49, 51 + calculated by the merchant, 51, 100 + on bond to creditor, 48, 48, 255 + on temporary loan, 251, 255 + on use of corn, 256 + postponed for a year, 48, 48 + relations between interest and profit, 265 + +Iron, mention of, 302 + +Judge: + acts on marriage-portions, 72, E, G + duties and liabilities, 44, 5, 45, 9, 13, 53, 127, 59, 177, 72, 73, 80 + _sq._, 102 _sq._ + his position in ancient Babylonia, 80 _sq._ + how the case was submitted, 88 + inquires in interest of children of first marriage, 59, 177 + list of sentences and decisions by, 102 + name of officials in Assyrian times, 106 + to witness branding, 53, 127 + +Judgment, false. _See_ False: + by default, 45, 13 + not to be altered, 44, 5 + +Kidnapping, 45, 14 + +King: + could impress laborers, 205 + endowed temples, 195, 208 _sq._ + gave loans, 258; + often before harvest, or at seed-time, 258 + granted privileges, 195 + had power of life, 54, 129 + his power over lands, 192; + limited, 192; + limited by rights of private property, 192, 193 + made large land grants, 193, 194 + power to pardon, 330 + presents made between kings, 131 + probably wrote, 308 + +King's standard of money, 49, 51 + +Kudur, Governor of Erech, letters of, 356, 357, 358, 359 + +Labor, forced. _See_ Militia: + free, in demand, 269 + guaranteed, 272 + in competition, 269 + time hired, 269 + +Lancet. _See_ Bronze + +Land: + as a field, 189 + as garden, 189 + ancestral domain, claimed, 187 + boundary stones, 191 + dedication to a temple, 223 + different from personal property, 184 _sq._ + different kinds of real property, 187 + entailed property, 184 + great estates, 249; + their plans, 249 + hired or let on shares, 197 + how described for identification, 237 + in relation to houses, 188 + its individuality, 190, 191 + king's power over, 192 + landmarks, 191 + leases, 198 + loans on, 197 + obligations of many kinds, 205 + ownership of cultivated, 185 + primitive tenure, 185 + sale of, 187 _sq._, 227 _sq._ + settled hamlet, temple, etc., 186 + sold subject to its dues, 187 + systems of measurement, 189 + by the yield, 190 + tenure in Babylonia, 114, 184 _sq._ + terms applied to, 188, 189 + the Metayer system, 65, 253-256, 196 + the purchaser, how protected, 228 + under manorial obligations, 199 + village, 185 + +Landlord. _See_ Metayer, Temple: + loans to tenants, 211 + risks, 48, 46 + +Landmarks, inviolable, not to be encroached upon, 191 + +Lease, tenancy, tenant, farm: + abatements for losses by flood, etc., 48 + allowances, 277 + damages incurred, 48, 42 _sq._ + different forms of, 198; fixed rent, 198; + improving lease, 198, 277 + duties and responsibilities of, 48, 42 _sq._ + field to cultivate, 48, 42, 43 + garden on five-year lease, 50, 60 + land on three-year lease, 48, 44 + life, rare, 278 + not invalidated by neglect to cultivate, 49, 52; + but damages to be given, 50, 63 + of property generally, 275 _sq._; + farm-house, 275; + rental variable, 275 + questions of rent and adjustments, 49, 50-52, 277 + rights as between money-lender and owner of farm, 48, 49 + rent due at harvest-time, 48, 47, 49 + risks are the farmer's, 48, 45 + as between owner and tenant, 48, 46 + stipulations, 277 + subletting, 48, 47 + tenant cannot be evicted, or can have damages, 50, Y + +Leather, accounts of, 301 + +Legal: + decisions, 100 _sq._; + defects in slaves, 171; + difficult to classify, 101 + legal procedure in Babylon illustrated, 108 _sq._ + +Letters and letter-writing in Babylonia, 307 _sq._ + about Elam and southern Babylonia, 360-364 + Assyrian, 312 + business, and orders, 382 _sq._ + Cappadocian, 312 + classification of, 314 + colloquial phrasing, 308, 309 + difference in deciphering, 309 + elliptical phrases, 309 + form of letter, baked clay, 307 + its envelope, 307 + its date, 307 + from the last year of Shamash-shum-ukin, 347-352 _q.v._ + historical value of, 314 + love-letter, 336 + methods of securing privacy, 307 + miscellaneous Assyrian, 365-381 + of Abeshu', 328 + of Ammi-ditana, 328 + of Ammi-zaduga, 329 + of first Babylonian dynasty, 310 + of Hammurabi, _q.v._ + of Samsu-iluna, 327 _q.v._ + of Sin-iddinam, 316, 329 + of subsequent period, 311 + of Tell el Amarna, 311 + of the second Babylonian Empire, 382-385 + old Babylonian, 336 + other letters, 330 + postal system for, 309 + private, 308 + private, of first Babylonian dynasty, 331 _sq._ + regarding affairs in southern Babylonia, 353-359 + royal, 315 + Sennacherib to his father Sargon, 338-346 _q.v._ + style of address, 308 + translations of, 313 + variations of formula in, 308 + +Levy-master, warrant-officer, tributary. _See_ Militia: + brands an escaped slave, 176 + his duty and privilege, 46, 26-29, 47, 30-39 + +Lion, destruction by, 65, 244, 66, 266 + +Litigation not encouraged, 95 + +Loans. _See_ Metayer, Trading: + by merchants and agents, 281 _sq._ + for payment of taxes, 252 + from the temple, 252 + giving pledges as security, 262, 263 + in series of advances, 234 + made by the king, 258 + of corn, 253, 258, 259 + of current coin, 253 + of material or property, 256 + of oil, 257 + of other produce, 253, 259 + of property on approval, 256 + of wine, 257 + of working material, 255 + on exchange, 255 + on land, 197. _See_ Land + on pledges named, 264. _See_ Pledges + on promissory notes, 251 + on usual interest, 255 _sq._ + on vineyard of slaves, 264 + receipts for, 295 + receipts for repayment of, 259 + records of, 253 + temporary, at harvest-time, 251 + value of preserved bonds, 250 _sq._ + +Local liability for: + compensation for highway robbery, 46, 23, 24, 115 + redemption of captive official, 47, 32 + +Loss: + by God's hand, 65, 249, 66, 266 + by housebreaking or rebellion, 53, 125 + of claim in court, 98 + or no claim allowed, 99 + of crop, shared by landlord, 48, 45 + of flock or herd, 63, 226 + of hired animals, 65, 245, 249 + of interest, 48, 48 + +Lost property: + pretence of losing, how punished, 53, 126 + recovery by owner, 45, 9 + sale by finder equals theft, 45, 9 + +Lying in claiming goods, 45, 9-13 + +Magistrate, city or district governor, + is liable for crime within the bounds, 46, 23, 24 + +Maid. _See_ Slave: + given by votary to husband to have children, 55, 144 + her children free, 58, 171; + how made equal to wife's, 58, 170 + may be sold if childless, 55, 146 + not to be sold if a mother, 55, 146 + not to rival her mistress, 55, 146 + penalty, to receive the slave-mark, 55, 146 + +Maintenance: + of concubine and divorced wife, 54, 137 + of wife secured, 54, 133-135 + +Mancipium, hostage to work off debt: + difference in free born or slave, 52, 116 + in natural death, 52, 115 + in violent death, 52, 116 + slave may be sold by creditor, 53, 118 + redeemed by debtor, 53, 119 + but not if mother of creditor's children, 53, 119 + wife, son, or daughter free in fourth year, 52, 117 + +Manslaughter: + by blow in quarrel, 62, 207, 208 + of hostage, 52, 116 + penalty, if a slave, one-third mina of silver, 52, 116 + +Manufacturing partnership, 292 + +Marduk: + at Babylon, 78 + had votaries at Babylon, 60, 182 + oath by, 92, 165 + of Eridu, 133 + +Marking. _See_ Branding: + other than slaves, 177 + slaves, 176 + +Marriage: + bride given away usually by the father, 126; + sometimes by the mother or brother, 126, 127; + or by agnates, 127 + ceremony, 132, 133 + fatherless girls in, 137 + home and home-going, 133 + monogamy and polygamy, 134 + not quite free to man or woman, 127 + of king's daughter, 137 + of second wife in the time of the first wife, 56, 148 + of two sisters to one man, 138, 139 + preliminaries, 128 + presents and payments, 130-132 + registration, 128 + role of contracting parties, 126 + the bond of the family organization, 119 _sq._ + unhappy, and its results, 142 + votaries, 137 + wife required father-in-law's consent, 128 + with attached conditions, 140 + husband to maintain mother-in-law, 140 + dower his wife if he sends her away, 140 + wife to be thrown from a pillar if she leaves him, 140 + +Marriage conditions. _See_ Children, Marriage, Share, Widow, Wife: + at a definite place, "wedding-house," 128 + in ancient Babylonia, 119 _sq._ + presents to the parents of the bride, 128 + questions owing to unfaithfulness, 54-56 + having concubines and maids, 54, 137, 55, 138 _sq._ + registration, 128 + suitor rejected through slander, 57, 161 + there must be marriage contract, 54, 128, 119 + +Marriage contract. _See_ Bond: + ceremonies, 132 _sq._ + preliminaries, 123 _sq._ + +Marriage-portion. _See_ Bride-price, Marriage: + accompanies widow to a second husband, 73, H, 127 + belongs to her and all her children, 73, H, 130 + belongs to the children only, 57, 162, 130, 134 + by "deed of gift," as pin-money, 132 + good against husband's heirs, 132 + but forfeited by second marriage, 132 + childless widow takes it from the estate, 72, G + could not be reclaimed as against children, 130 + doubt in case of free wife of slave, 50, 175 + father cannot reclaim against children, 57, 162, 130 + in lands, oxen, furniture, etc., 131 + its nature, 129, 130 + its relation to the bride-price, 71, C + lawsuit about, 132 + less bride-price, if not repaid to husband, 57, 164, 124 + nature of, 130 + of concubine, 134 + presented to concubine's daughter, 60, 184 + receipts for the payment of, 131 + returned to injured wife, 55, 142 + invalid wife, 56, 149 + returned to the wife's father's house, 72, F, 122, 124 + returned to wife's father, if no children, 57, 163, 124 + separate estate, 55, 138, 142, 56, 149, 156, 57, 162, 163, 59, 174-176, + 61, 184, 72, 73, 122, 127 _sq._, 219 + settlement of, by bride's father, 71, C, 219 + shall be adjudged an equivalent, 72, G + shared by children of both marriages, 58, 173, 71; + or by children of first only, 58, 174 + taken by widow to second husband, 59, 172, 127 + trousseau, 129 + when not paid through inability, 72, E, 131 + not to be cause of quarrel, 72, E, 131 + when paid in full, 131 + +Marriages in ancient Babylonia, 114 _sq._, 123 _sq._ + +Master, rights and duties, 59, 175, 176, 63, 217, 223 + +Measure: + of land by area, 189, 249 + by the average yield, 190 + of timber or stone, 380 + +Merchant, agent, money-lender, 79 + acting by caravans, 282 + bound to receive payment in kind, 51, Z + business with agents, 51, 100-107 + capital out on speculation, 281, 283 + has crop assigned for debt, 50, X + has to be reimbursed for ransoming official, 47, 32 + his position in ancient Babylonia, 79 + trading, 281 _sq._ + his relation to business agent, 281 _sq._ + in a distant transaction, 334, 335 + in different relations of business, 48, 49, 49, 50-52, 52, 116-119, 56, + 151, 50, X, 51, Z + in purchasing foreign slaves, 67, 281 + legal memoranda for security, 282 + must keep accurate accounts, 51, 100 + sharing in the farm with owner, 48, 49, 49, 50, 51 + using canals, 284 + +Metayer. _See_ Land: + employed by the temples, 211 + form of tenancy, 65, 253-256, 196, 197 + +Metrology, contributions to, 380 + +Micheau stone, 131 + +Militia, statute-labor, corvee. _See_ Slavery: + classes subject to, 202, 326 + considered as a system, 201 _sq._ + duty and privilege of its officers, 46, 26-29, 47, 30-39, 48, 40-41, 205 + forced service, 45, 16, 200, 201 _sq._ + illegal impressment, 325 + in the army, 203, 204 + service in weaving establishments, 203 + some cities were exempted, 202 + supplied from slavery, 173, 175, 203 + +Minor: + as incapable, with slave, 44, 7 + rights reserved, 161 + +Miscarriage. _See_ Assault, Fine: + aggravation in assault, 62, 209, 211, 213 + +Money. _See_ Hire, Fines: + as earnest to close the bargain, 230 + current coin, 253 + deferred payments of, 235 + letter requesting, 383 + precautions in giving and receiving, 51, 105 + said to belong to a god, 256 + +Monogamy. _See_ Marriage: + in early days, 134 + +Mortgages: + entire pledging, 266 + related to pledges, 265. _See_ Pledges + second, debarred, 265 + second mortgage secured, 267 + +Mother: + in charge of son's education, 46, 29 + incest with, 56, 157 + power over children, 148-150 + +Mutilations, by order of judge, 97 + +Nabonidus, his place in chronology, 181 + +Nebuchadrezzar: + his chronology, 181, 230, 291 + his exploits, 194 + +Names: + clan, from office in the temple, 214 + Semitic, 279 + show slave's origin or nationality, 178 + significant, 176, 177, 178 + +Notary, his fee for writing out a bond, 231 + +Nurse, her duties and responsibilities, 61, 194, 153, 155 + +Oath. _See_ Affidavit, Bond: + about foreign slave, 67, 281 + as to death of ox, 65, 249 + deposit, 53, 120 + depreciation, 53, 126 + estimate of goods on lost boat, 64, 240 + as to loss, 53, 120 + by brander, that he was misled, 63, 227 + disclaiming evil intention, 62, 206, 207 + for confirmation of sale, 233 + for purgation, taken by agent, 51, 102, 103, 106; + taken by principal, 51, 107; + taken by owner of corn, 53, 120 + how administered, 92 + its purport and where taken, 93, 94 + on loss by lightning or lion, 66, 266 + to clear from charge of adultery, 54, 131 + +Octroi duties, 206 + +Official. _See_ Bailiff: + cannot give his benefice in exchange, 48, 40, 41 +compensation of official, 76 + duties and responsibilities, 46, 26, 27, 47, 30-39, 76 _sq._ + duty and position considered, 76 _sq._ + has his own private rights, 47, 39 + holds lands by royal charter, 322 + if captured on the king's business, 47, 32 + to be ransomed, 47, 32 + how the ransom is to be paid, 47, 32 + liable to death penalty, 46, 26 + may resume use of the benefice, 46, 27 + not to appropriate or alienate public property, 47, 33-38 + not to be hired out, plundered, or oppressed, 47, 35 + not to depute duty, 46, 26 + on enforced absence, 46, 27 + one year allowed, 47, 30 + penalty for neglect, 47, 30, 31 + provision for son in absence, 46, 29 + rights as against substitutes, 46, 26-29 + service of, 77 + son may be deputy, 46, 28 + the benefice or feoff, 76 + three years' limit, 47, 30 + +Old age provision: + by adoption, 155, 158, 160 + by son, 224 + +Omens and predictions, letter illustrative of, 365 _sq._ + +Ordeal by water: + considered as a legal custom, 96, 97 + for witchcraft, 44, 2 + nature of, 44, 2, 54, 132, 97 + to purge from slander, 54, 132 + +Owner's risk in hiring. _See_ Hire: + horse killed, at God's hand, 65, 249 + loss by lightning or lion, on herdsman's oath, 66, 266 + ox or ass, killed in open field, 65, 244 + +Palace: + its relation to the priesthood, 211 _sq._ + place for archives, 322 + title for the royal state authority, 61, 187, 192, 193 + +Partnership: + a manufacturing, 292 + dissolution of, 288, 291 + its earliest appearance, 287 + its evidence in Assyrian literature, 290 + later Babylonian, 290, 291 + its ideogram, 287-289 + its relation to capital, 288 + old commercial custom, 290 + partnership documents, 288 _sq._ + powers of attorney, for protection, 292 + reckonings, 291 + +Patrician, highest class in the state, 74 _sq._ + +Penalties: + as demanded for wrong-doing, 96 + blood vengeance commuted, 116 + for adultery, 117, 118 + for perjury in courts of law, 94, 95 + imprisoned and bailed out, 117 + in courts of law, 94 + to prevent failure in contract, 233 + woman thrown from a pillar, 140 + +Penalty due for. _See_ Retaliation, Fines: + adultery by a wife, strangling, 54, 129 + adultery, drowning, 54, 133 + death of hostage slave, one-third of a mina of silver, 52, 116 + fatal assault on pregnant woman, death of his daughter, 62, 209 + imprudent speech, tongue cut out, 61, 192, 150 + incest, mother and son burnt, 56, 157 + incest, banished the city, 56, 156 + incest, half mina of silver and the marriage-portion, 56, 156 + incest, strangling, 56, 155 + incest, the man cut off from his father's house, 56, 158 + incest, woman drowned, 56, 155 + on brander for branding without leave, hands cut off, 63, 226; + if deceived, accused is free, 63, 227 + son for striking father, hands cut off, 61, 194 + slave for striking freeman's privates, ear cut off, 62, 205 + veterinary, for loss of ox or ass, one-fourth of its value, 63, 225 + wet-nurse for neglect, breasts cut off, 61, 194 + permanent injury in a quarrel, pay the doctor, 62, 206 + rape of betrothed, death, 54, 130 + slander, forehead branded, 52, 127 + striking a superior's privates, 60 blows of ox-hide scourge, 62, 202 + undutifulness and slander, 55, 143 + unnatural conduct, eyes torn out, 61, 193, 150 + unsuccessful operation by surgeon, hands cut off, 63, 218; + same on slave, slave for slave, 63, 219; + loss of slave's eye, half his value, 63, 220 + +Perjury: + in capital trial, has death penalty, 44, 3 + in civil case, gives damages, 44, 4, 45, 13, 94 + +Phrase-books: + Babylonian, 8 + their plan, 8, 9 + +Pillar, thrown from, a penalty, 140 + +Pin-money, gift to a wife, 132, 221 + +Plaintiff, his position in a case, 88, 89 + +Plebeian, poor man, between patrician and slave: + abduction of slave from, 45, 15 + assault by, 62, 204, 208 + cheaper divorce, 55, 140 + fees paid by, 62, 208, 63, 222 + harboring fugitive slave, 45, 16 + slave-owner, 45, 15, 59, 175, 176 + theft from, 45, 8 + value of eye or limb, one mina of silver, 62, 198 + value of tooth, one-third mina of silver, 62, 201 + +Pledges and guarantees. _See_ Loans, Mortgages: + an after-pledge, 266, 267 + antichretic pledges, 262, 263, 264, 265 + complications, 265-268 + information meagre, 262 + loan on vineyard and of slaves, 264 + on service of a maid, 264 + on the borrower's service, 264 + mortgages, 265 + on land to secure a loan, 263 + property in satisfaction of debt, 262, 263 + the subject held as security, 262, x, xi + their relation to the interest, 263 + value of the pledge, 265 + creditor's responsibility toward it, 265 + +Polygamy. _See_ Concubinage, Marriage, Monogamy: + in Assyrian times, 134 + clear evidence of, among serfs and slaves, 134 + distinguished from bigamy, 134 + +Pregnant woman. _See_ Assault, Fine + +Price of drink, how regulated, 52, 108, 111 + +Priest: + artificer, 213 + his relation to the king, 211, 212 + honors paid to the priesthood, 211, 212 + public position and duties, 212, 213 + slave, 214 + steward, 213 + warden, 213 + +Prisoner: + pleads for liberty, 331 + recaptured slave pleads, 330 + +Private property, its rights, 192, 193 + +Produce rent: + as agreed upon, 48, 46 + of field, on shares, 48, 41-46 + of garden, on shares, 50, 64 + +Promissory notes on loans, 251 + +Property: + alienation of its rights, 218 _sq._, 227 _sq._ + alienation by sales. _See_ Sales + consent of heirs to its disposal, 221 + devolution of, by gifts, bequests, 222 _sq._ + importance of studying its alienation, 218, 227 + method of describing, for identification, 237 + methods of identifying on sale, 228 + protection of purchaser from fraud, 228, 235 + sales, conditions, payments, 235 + +Proprietary rights in temple income, 215 + +Public: + forced labor, 45, 16. _See_ Militia + obligations, 204 + +Ransom, of captive official, 47, 32 + by himself, 47, 32 + by the State, 47, 32 + from temple treasury, 47, 32 + not from his benefice, 47, 32 + +Rape of betrothed maiden, 54, 130 + +Rebellion, loss by, 53, 125 + +Receipt, sealed document: + as taken by agent and depositor, 53, 124, 125, 61, 204, 260, 261 + for a fine, 259 + for deposits rare, 260, 261 + for loan, 295 + for repayment of loan, 259 + +Receiving of stolen goods, death penalty, 44, 6 + +Records of business transactions, 253. _See_ Bond + +Recovery: + by power of attorney, 79 + of lost property, 45, 9, 10, 53, 124, 125 + +Redemption. _See_ Mancipium: + of maid, held for debt, 53, 119 + +Refusal: + by slave to name his owner, 46, 18 + of conjugal rights, 55, 142 + +Registration: + by the master of the house, 128 + guarantee of ancestry, 128 + of birth, marriage, and death, 128 + +Remarriage: + marriage-portion goes to the children, 59, 173, 174 + of divorced woman, 55, 141 + of widow, 59, 173 + +Remission of penalty, 54, 129 + +Rent: + average, made payable, 48, 42, 43, 49, 55, 50, 62, 65 + five KA of corn on each GUR of corn, 53, 121 + for storage of corn, 53, 121 + of garden plot, 50, 60, 61, 62 + of unbroken land, on three-year lease, 48, 44 + on garden plot, ten GUR of corn for each GAN of land, 50, 63 + paid at harvest-time, 48, 47 + payments in kind, 48, 47, 49 + ten GUR of corn for each GAN of land, 48, 44 + wrought on shares, 50, 64, 65 + +Repatriation of slave, 67, 280, 281 + +Repudiation: + of adoptive parents, 61, 192 + of father by son, 41, I + of husband by wife, 42, V, 138, 142 + of mother by son, 41, II + of wife by husband, 42, VI, 138, 142 + +Responsibility in service: + of employer, 42, VII + of tenant farmer, and neglect punished, 65, 253-256 + +Restitution, compensation, damages, reimbursement: + accident, builder gives slave for slave, 64, 231 + boatman must restore the weak boat, 64, 235; + must restore the lost boat, 64, 236; + must restore boat and cargo, 64, 237 + builder must rebuild, 64, 232 + builder of unkeyed wall must rebuild, 64, 233 + considered as an ancient custom, 98 + death in highway robbery, one mina of silver to relatives, 46, 24 + depreciation of property, make it good from the corn hoed, 65, 254 + diminishing ox or sheep, give up to the agreements, 66, 264 + embezzlement of goods, sheep or ox, tenfold return, 66, 265 + fatal operation on slave, slave for slave, 63, 219 + fivefold by carrier for goods lost, stolen, or appropriated, 45, 12, 52, + 112 + loss made good, if herdsman at fault, 66, 267 + loss of goods, goods for goods, 64, 231 + owner of boat in collision responsible for boat and cargo, 64, 240 + ox gored, ox for ox, 65, 246 + ox injured seriously, ox for ox, 65, 246 + ox or ass lost, restore ox or ass, 66, 263 + _shadduf_, or plough, three shekels of silver, 66, 260 + simple, 44, 4, 5, 8, 45, 9, 10, 12 + sixfold for overcharging agent, 51, 107 + tenfold for theft by poor man, 44, 8 + thirtyfold for theft by patrician, 44, 8 + threefold for cheating principal, 51, 106 + twelvefold for false sentence by judge, 44, 5 + twofold for goods in store, 53, 120, 124, 126 + twofold for pretence of losing goods, 53, 126 + watering machine stolen, five shekels of silver to owner, 66, 259 + +Retaliation. _See_ Penalties: + dishonesty in stewardship, hands cut off, 65, 253 + eye for eye, 62, 196 + for defrauding, torn to pieces on that field by the oxen, 65, 256 + if builder's son dies, builder's son is put to death, 64, 230 + if slave is killed, builder gives slave for slave, 64, 231 + its principles in Babylonia, 74, 98 + limb for limb, 62, 197 + slave for repudiating master, ear cut off, 67, 282 + tooth for tooth, 62, 200 + +Return of slave purchased: + for defect, 67, 279 + within one month for _bennu_ disease, 67, 278 + +Reward for slave capture, 46, 17 + +Riparian responsibilities, 49, 53-56, 114, 199, 321 + +Risks: + farmer's, 48, 45, 46 + owner's. _See_ Owner + tenant's, 48, 45 + warehouseman's, 53, 125 + +Roads, their maintenance, 286 + +Robbery, highway, 46, 22, 23 + +Runnel for watering, 49, 55 + +Sacred river, for ordeal, 44, 2, 54, 132 + +Sacrifices: + shared in by the temple, 210 + sometimes sold for cash, 210 + +Sacrilegious theft from temple, 44, 6, 8 + +Sale: + of crop for debt, 49, 51 + of man and goods to pay debt, 49, 53, 54 + +Sales: + agent in, 243 + alienation of property, 227 + all interests safeguarded in the deed, 232 + deferred payments, 235 + formal preliminaries, 227 + fraud in, 235 + gardens, 246, 247, 248 + stocked, 247, 248 + granaries, 246 + occasional use of oath in, 233 + of fields in first Babylonian dynasty, 248 + in Assyrian times, 248 + of houses, 240 _sq._ _See_ Houses + penalties for failure, 233 + records at early date, 236 + registration of, in temple archives, 227 + retention till payment, 225 + returned on failure to pay, 235 + rights of purchaser, 234 + transaction of the business, 227 _sq._ + unimproved land, 246 + +Samsu-iluna: + care for deity, 327 + temple dues, 327 + his canal dug, 24 + letters of, summarized, 327 _sq._ + few in number, 327 + their subject, 327 + regulates fishing rights, 328 + writes on business, 328 + +Sargon, King of Babylon: + his date fixed, 202, 396 + letters to, from Sennacherib, his son, 338 _sq._ + +Scandal, met by ordeal, 54, 132 + +Scourge of ox-hide, 62, 202 + +Scourging: + as a penalty, sixty blows, 63, 202 + considered as an ancient custom, 97 + +Scribe: + male and female, 84 + not a priest or judge, 84, 85 + often a woman, 151 + the profession, 83, 151 + +Seal. _See_ Bond + +Seditious meetings not allowed in beer-shops, 52, 109 + +Seduction: + of betrothed daughter-in-law, 54, 130, 56, 155, 132, 134 + of slave from service, 45, 15 + +Sennacherib: + father of Esarhaddon, 108, 369 + letters to his father, Sargon, 338 _sq._ + argument for identification of writer, 338, 339 + relating to Armenia, 338 + their value for reconstructing history, 339 + +Separation: + husband deserted home and wife, 55, 142 + wife deserted home, belittled husband, etc., 55, 141 + +Serfs, _glebae adscripti_, 172, 202 + different from slaves, 172, 203 + disappearance, 173 + hereditary condition, 173, 202 + +Sesame: + crop with corn, 48, 49, 49, 50-52, 208 + receipts for, 208 + +Settlement: + for children of second wife, 71, D + mutual deeds in, 71, C + given by fathers of bride and bride-groom, 71, C + of pin-money, 132 + on wife by "deed of gift," 132 + on wife by husband, 56, 150, 132 + on widow, 58, 171, 172 + by widow on children, 58, 171 + out of court, 87 + +_Shadduf_ stolen, fine three shekels of silver, 66, 260 + +Shalmaneser IV., 202 + +Shamash-shum-ukin: + contemporary events, 360 _sq._, 368 + letters illustrating his reign, 347 _sq._ , 353 _sq._ + son of Esarhaddon, 366 + +Share. _See_ Bond, Inheritance: + belonging to votary or vowed woman, 60, 179-182 + between brothers, cases of, 161-165 + children of first and second husband share equally in marriage-portion, + 59, 173 + of first share it all, if no second family, 59, 174 + children of maid, if acknowledged by father, share with children of + wife, 58, 170; + but children of wife take precedence, 58, 170 + children of two marriages, 73, K + dividing of father's estate, 161 _sq._ + division at father's death, 58, 167; + mother's death, 58, 167 + divorced wife has a child's part, 54, 137 + farmed, leased on shares, 48, 41-46, 270 + form of land tenancy, 197 + of deceased father's estate to eldest son, 57, 165 + of sacrifices by temple, 210 + sometimes sold for cash, 210 + reversionary interest to brothers, 60, 178 + sons of second wife, 91, D + widow on remarriage, 73, H + with reservation, gift to favorite, 57, 165 + wife's marriage present, 56, 150 + bride-price for unmarried son, 57, 166 + portion for votary sister, 59, 178 + +Sheep: + damage done by, 49, 57, 58 + manner of grazing them, 49, 58 + sheep-shearing, 300 + +Shepherd, duties and responsibilities of, 66, 262-267 + +Shipping: + boats hired, 285 + its value in trading, 284, 285 + +Sin-iddinam, letters of, 316, 329 + +Skins, account of, 301 + +Slander: + against votary or unmarried woman, 53, 127 + in capital suit, 44, 3 + not to be profitable, 57, 161 + of title to property, 45, 11 + of wife, to be purged by ordeal, 54, 132 + seditious, 52, 109 + +Slave, one of the three estates, domestic, inferior. _See_ Slavery: + a chattel, property, 168 + apprenticed, 152, 181 + as an institution, 168 _sq._ + assaults freeman, 62, 205 + Assyrian usages regarding, 171 _sq._ + authorities upon the system and facts, 168, 169; + its history, 169 + bad wife reduced to, 55, 141 + been gored by a vicious ox, 65, 252 + branding or tattooing, 176 + child of slave, 203 + children to the master, may succeed equally with wife's children, 58, + 170; + or only obtain their freedom, 58, 171 + condemned to forced labor, 45, 16 + cure of, master pays bill, 63, 217, 219, 223 + different from the serfs, 172 + diseases of, bennu, 170 + evidence not good against a free man, 179 + fees paid for teaching apprentice, 182 + foreign born, 178 + foreign slaves, 67, 281 + free child made slave as a provision for life, 173 + fugitive, harboring, 45, 16 + guarantees in sale, 174 _sq._ + had much freedom, but bound, 168 + had private property, 178, 179 + hired laborer, 271. _See_ Hire, Wages + her children, how legitimatized, 58, 171, 135 + his children free, 59, 175 + his obligations to the state, 205 + his tablet or name-plate, 177 + his widow takes her marriage-portion and half their goods, 59, 175, 135 + or at least half the goods for her children, 59, 176 + history of one traced, 180 + how estimated in Babylonia, 74 _sq._ + if child-bearing, maid could not be sold, 135 + in _bennu_ disease, returned on seller, 67, 280 + intermarriage and inheritance, 136 + laws of capture, 46, 17-20 + legal defects, 171 + letter on runaway slaves, 330 + manumission of slaves, 67, 280 + married, 136, 203 + marries free woman, 59, 175, 136 + master's maid and fruitful, cannot be sold, 53, 119 + master apprenticed slave, 182 + means of identification, 176, 177 + names significant, 177, 178 + not free to make bargain, 44, 7 + not to rival her mistress, 135 + on different footing with concubine, 135 + price of, 182 + punished, for repudiating his master, by loss of ear, 67, 282 + recaptured runaway forfeit to the state, 330 + relative proportion in the population, 182 + responsibility of seller of, 70 + reward for capture and restoration, 46, 17 + right to his family and property, 172, 178, 179 + rights of, 168 + rights and obligations of owners, 46, 17-20 + runaway, question of return, 181 + sale of, 170 + security against defects in, 269 + seduction from service, penal, 45, 15 + skilled artisan, 173, 181, 182 + status, complex, 168, 169, 180, 181 + supplied the militia, 173 + value estimated, 179, 180 + value of female slave's children, 70 + widow has one son's share of estate, 58, 172 + free at her master's death, 135 + +Slavery: + advantages of, 172, 173 + branding, tattooing, 176, 177 + children sold into, 178 + discussed, relating to Babylonia, 168 _sq._ + guarantees against rebellion, 174 + flight, 174 + untimely death, 175 + unexpected claims, 175 + over-exaction in the public service, 175 + redemption as men of family, 175 + illegal enslavement, 176 + means of indicating, 176, 177 + modes of entering into, 178 + recruited from freemen, 172, 175, 177, 178 + relative proportion to the population, 182 + sales, 174 + significant names in, 177, 178 + supplied the army, 173, 203 + the militia, corvee, or levy for forced labor, 173 + +Soldiers: + a public obligation, 204 + might pay substitutes, 204 + their place in the state, 201, 202 + their relations to the forced labor, 202, 203 + their system, 202 + +Son: + by adoption, 61, 185 _sq._, 154 _sq._ + disinheritance of, to be inquired into by judge, 58, 168, 169; + allowed or disallowed by judge, 58, 168, 169 + first crime against father pardoned, 58, 169 + his wife abused by his father, 56, 155, 156 + must have father's consent to marry, 127, 149 + of the royal favorite, royal household, or votary, 61, 187, 192, 193 + must be prudent of speech, 61, 192, 193 + under penalty, 61, 192, 194 + penalty for striking father, hands cut off, 61, 195, 149 + privileges as father's substitute, 46, 28, 29 + receives deed of gift from father, 57, 165 + also his share in estate, 57, 165 + rights given by adoption. _See_ Adoption + young son, unmarried, to be provided for, 57, 166 + +State: + composed of three classes, 74 + having other grades, 76 _sq._ + +Steward: + accounts from, 302 + temple officer, 213 + +Stolen goods, retention of equals theft, 45, 10 + +Strangling, penalty of, 56, 155 + +Striking. _See_ Assault, Fines: + of father by son, 61, 195, 149 + +Suitor: + his relation to bride's parents, 123 + rejected, his rights, 57, 160 + rejected through calumny by comrade, 57, 161 + refuses to marry, 57, 159 + +Suits of many kinds, 102-107 + +Suits at law: + damages for loss and breach of trust, 107 + deposit, 106 + family dispute, 104 + forged will, 106 + for income, 102, 103, 104 + gift, 103 + house, 104 + inheritance, 103, 106 + land, 104 + legacy, 106 + loss of hired ass, 106 + over adoption, 106 + partnership, 102 + property, 102, 103, 104 + rent, 106 + theft of a bull, 107 + theft of four slaves, 107 + title to garden, 105 + vexatious persecution, 104, 107 + +Summons to appear in court, 53, 127 + +Surgeon: + operations and fees, 63, 215, 223. _See_ Fees + penalties for unsuccessful operations, 63, 218-220 + +Sworn depositions. _See_ Oath: + for lost property, 45, 9, 46, 23, 53, 120 + for lost money, 51, 102, 103 + for quarrel and striking, 62, 206 + on cost of boat and cargo, 64, 240 + on gored ox, 65, 249 + +Tablet: + an irrevocable witness, 92 + bibliography, 13 + as classified, 13 _sq._ + broken, breaking a contract, 91 + Cappadocian, 29 + contract, its real character, 10 + duplicate of, 69, A + its form, 10, 11 + on loan, its modern value, 250 + value for chronology, 250, 251 + peculiarity of, on corn loan, 258 + present location, 18 + sealed, 69, A, 127, 151 + served as name-plate, 177 + shows the same handwriting throughout, 151 + signed by the seal, 151 + +Tattooing and branding escaped slave, 176 + +Taxes: + loaning money to pay, 252 + question of ancient, 115 + their collection, 323, 324, 325 + +Tell el Amarna letters, 14, 311 + +Temple: + a business institution, 211 + a place of deposit and traffic, 211 + a trading institution, 211, 212, 216, 217 + as landowner, 209 + centre of civilization, 186, 208 _sq._ + clan names from office in, 214 + dedication of children to, 224; + of land to, 223; + to secure divine favor, 224 + endowed by kings, 195, 196 + endowments, 215 + had large dues, 208, 209, 210 + hereditary rights in, 214 + its archives for registers, 227 + its importance in the state, 208 _sq._ + its relation to ethics, divination, magic, 212, 213 + its relation to the palace, 212, 216 + its relation to the state, 216 + its rights and influences, 186, 193 + its slaves were as serfs, 173 + its staff and influence, 211, 212 + its tithe, 205, 206 + its treasuries and storehouses, 211 + kings made enforced loans from, 216 + large landowner, 173, 193, 208 _sq._ + lending money, 252 + loans from, 216 + negotiable rights in, 215 + officials as witnesses, 86 + officials in, 212, 213, 214 + origin of the dues, 208, 209 + property protected, 44, 6, 8 + proprietary rights in income, 215, 216 + right to income, 216 + shared in the sacrifices, 210 + testamentary devolution of property, 224, 225, 226 + treasury used for ransom, 47, 32 + value of its archives, ix + +Tenant. _See_ Lease, Land, Farm: + defrauding owner, 65, 255 + torn to pieces on the field by the oxen, 65, 256 + fixed rent, 198 + form of holding, and amenities, 65, 253 + forms of tenancy, 184 _sq._ , 196 _sq._ + his duties and responsibilities, 198 _sq._ + improving lease, 198 + on shares, 197 + redress from, 65, 254 + risks, 48, 45-47 + +Theft: + first order, from temple or house, 44, 6 + from deposit, 53, 120 + from fire, 46, 25 + made good by banker, 53, 125 + penalties, 44, 7, 8, 46, 25 + recovered from thief, 53, 125 + second order, 44, 8 + securities against, 269 + under Metayer, 65, 253-256 + +Tithe: + evidence needed, xi + how paid, 206 + to the temple, 205, 206 + +Title-deed destroyed for illegal purchase, 47, 37 + +Tongue cut out as penalty, 61, 192, 150 + +Trading, trade: + between capital and labor, 281 + its laws, 281 _sq._ + money out on speculation, 51, 102, 103, 281 _sq._ + relations in, by principal and agent, 51, 100-107, 281 _sq._ + +Trespass, law of, 49, 54, 55 + +Trousseau, bride's, 129 + +Trust, deposit, storage. _See_ Carrier: + care in depositing valuables, 53, 122-126 + corn put in store, and amount disputed, 53, 120 + +Valuables: + claim is contested, 53, 123-126 + deposited before witnesses, 53, 122-124 + on deposit, care of, 53, 122-126 + +Values: + difference of free-born and slave as hostage, 52, 116 + sixty KA of _sakani_ beer for fifty KA of corn, 52, 111 + +Veterinary surgeon: + his duties and responsibilities, 63, 224-226 + penalty for unsuccessful operation, 63, 225 + +Vicarious punishments, 98 + +Village lands and tenure in Babylonia, 185, 186 + +Votaries: + their position, 73, 74 + succession of, 159 + +Votary: + a mother and divorced, her legal rights, 54, 137 + her children's legal rights, 54, 137 + belonging to convent, 52, 110 + devoted by mother, 137 + donation from father, 219 + dowered as for marriage, 59, 178, 130, 219 + expected to keep her virginity, 137 + free to leave her portion, if allowed by father's deed, 60, 178, 179, + 220; + otherwise, brothers assume the estate and manage it, 60, 178; + or, if not content, she can farm it out, 60, 178; + but cannot alienate it from her brothers, 60, 178 + frequenting beer-shop, 52, 110 + has dowry by deed of free gift from her father, 60, 179, 220 + if dedicated to Marduk of Babylon, and not portioned, shall have + one-third of child's share, 60, 182 + if not given a portion, is entitled to one-third of child's share, 60, + 181 + leaves property as she pleases, 60, 182, 158 + liable to death penalty, 52, 110 + low in rank, 137 + marriage with, 55, 144, 137 + may give maid to her husband, 55, 144; + but husband may not marry a concubine, 55, 144; + or the concubine will not equal the votary, 55, 145 + may sell a barren concubine, 55, 147 + must leave share to her brothers, 60, 181 + not to be beer-seller, 52, 110 + not to be slandered, 53, 127 + relation to adopted son, 158 + rights in gift made by, 220 + shall not admit the concubine to an equality, 55, 146 + shall pay no taxes, 60, 182 + son of, shall not be reclaimed from adoption, 61, 187 + +Wages. _See_ Hire, Labor: + advances made in lieu of, 273 + average, estimated, 271 + liable to adjustment, 271 + living included, 272 + often paid in produce, 272 + +Warden, temple officer, 213 + +Warehousing: + claims contested, 53, 124, 125 + fee or rent, five KA of corn for each GUR of corn, 53, 121 + precautions in depositing valuables, 53, 122, 123 + responsibilities, 53, 120-126 + +Weaving: + accounts of, 300 + establishments, 203 + +Weights and measures, tables of, 398 + +Widow: + cannot legally sell anything, 59, 177, 145, 147 + children of second wife, their rights, 71 + children's inheritance, 58, 167-172, 71 + could not marry and desert children in minority, 146 + without consent of law court, 146 + free to marry the man of her choice, 146 + gift, made by deed, her own, 58, 171, 105 + has, as a portion, one son's share, 58, 172 + has right to remain in husband's house, 58, 172, 145 + her conduct and character inquired into, 58, 172, 145 + her rights, 145-147 + marriage-portion her own, 58, 171, 172, 145 + may leave, and be married again, 59, 172 + can only take her marriage-portion, 58, 171, 172, 59, 172, 145, 146 + children of both marriages share equally in the marriage-portion, 59, + 173, 174, 145, 146; + or, if only one family, 59, 174, 146 + may marry again, but children's interests conserved, 59, 177, 145, 146 + must give bonds as trustee with second husband, 59, 177, 146 + gives inventory of property and obligation to preserve the property, + 59, 177, 146 + +Wife: + as trustee of children of first marriage, 59, 177 + bad, may be prosecuted, 55, 141 + divorced without compensation, 55, 141, 141 _sq._ + reduced to the status of slave, 55, 141 + betrothal and marriage ceremony, 132 + character of good, 55, 142 + childless, her marriage-portion returns to her father's house, 72, F + children of second wife take one-third of property, 71, D + conniving at her husband's murder, impaled, 56, 153 + consent of father-in-law, 128 + deceased, her marriage-portion is the children's, 57, 162 + degraded to the condition of slave, 142 + denies conjugal rights, its complications, 55, 142, 142; + may take her marriage-portion and return to her father, 55, 142, 142 + deserted by husband, free to marry, 54, 136, 143 + desertion by husband, involuntary, 143; + by husband, voluntary, 144 + divorced, her legal rights, if a mother, 54, 137, 142 + if not a mother, 55, 138, 142 + dowry and marriage-portion, 128, 129, 130, 131 + falsely accused, and cleared by oath, 54 + financial responsibilities between husband and wife, 56, 151, 152; + question as to ante-nuptial, 56, 151 + first home and home-going, 133 + her marriage registered, 128 + her pin-money, 132 + her rights, if sent away, 140, 142 + her trousseau, 129 + if childless, it returns to her father's house, 57, 163 + husband has no claim to it, 57, 163 + bride-price to be deducted from the marriage-portion, 57, 163 + in monogamy and polygamy, 134 + invalid cannot be put away, 56, 148, 142; + or divorced, 56, 148, 142; + but may claim her marriage-portion and go to her father, 56, 149, 142 + laws and conditions of divorce, 141 _sq._ _See_ Divorce + marriage performed at "wedding-house," 128 + may be saved by husband from death penalty, 54, 129 + may be a votary, 55, 144-146, 137 + may claim separation on account of cruelty, 55, 142, 142 + may sell a childless concubine, 55, 147, 135 + must have marriage contract, 54, 128 + not to be slandered, 53, 127 + of captive and not maintained, 54, 134, 143 + marries another, and returns to first, 54, 135, 143, 144; + children remain with their father, 54, 135, 143 + penalty for adultery, strangling, 54, 129 + results to a bad wife, 142 + retains legal power over marriage deed of gift, 56, 150 + may leave it to her child, but not to her kindred, 56, 150 + rights if a widow, once or twice, 58, 171, 172, 59, 173, 174; + and of her children, 59, 172-174 + second, different kinds of, 134 + second, when allowed, 55, 137, 56, 138-141, 57, 148 + shares of two wives and their families, 58, 167 + slandered, cleared by ordeal, 54, 132 + sold into slavery, 178 + son's wife, rude to mother-in-law, may be branded and sold, 140 + undutiful and slanderous, may be drowned, 55, 143, 142 + widow and childless, takes marriage-portion from the estate, 72, G + takes any marriage gift, 72, G + and it shall be adjudged an equivalent, 72, G + widow, on remarriage, takes her marriage-portion, 73, H + is succeeded in her marriage-portion by children of both marriages, + 73, H + takes her marriage gifts, 73, H + +Witchcraft: + and ordeal, 44, 2 + laws against, 44, 1, 2 + +Witness: + examined on oath, 86 + false, in civil suit, pays the expenses, 44, 3 + for deposits, 53, 122, 123, 124, 125 + must know the lost property, 45, 9 + perhaps attached to law court, 81, 85 + production of, 111 + required for legal purchase, 44, 7, 45, 9 + suffers death for perjury, 44, 3 + the position considered, 85 + time extended for production of, 45, 13 + to a bond or deed, 229 + to sign or seal, 151 + +Wool: + different kinds of, 299, 300 + memoranda regarding, 299 + +Wounds: + cured by surgeon, 63, 215-218 + by veterinary surgeon, 63, 224 + in quarrel, 62, 206, 207, 63, 218 + +Writing, Babylonian and Assyrian, 151 + + + + + + +FOOTNOTES + + + 1 A. D. D., iii., p. 83. + + 2 A. D. D., vi., 218. + + 3 A. B. R., iii., pp. 24 ff. + + 4 A. B. R., iv., pp. 21 ff. + + 5 A. B. R., iv., pp. 41 ff. + + M1 Character of the available material + + 6 Pages 147-62. + + M2 Division of subject + M3 Laws and contracts + M4 Letters + M5 Chronologically treated + M6 The Code of Hammurabi + + 7 Cf. Appendix. + + M7 Later copies + + 8 B. A. S., III., pp. 473-523. + + 9 Jurisprudentiae, pp. 5-35. + + 10 B. A. S., IV., pp. 78-87. + + M8 Bibliography of this Code + + 11 T. and T. Clark, Edinburgh. + + M9 Mosaic parallels + M10 The legal phrase-books + + 12 Z. A., VII., p. 16 ff. + + M11 Their plan + M12 Sumerian family laws + + 13 Page 115 of Delitzsch's edition. + + 14 Dr. B. Meissner has made excellent use of them in his + _Altbabylonische Privatrecht_. + + 15 H. W. B., p. 218a. + + M13 Legal documents + M14 Real character of the contract tablets + M15 Their external form + M16 How kept + M17 The parties possessing copies + M18 Scope of legal documents + M19 General works on the subject + M20 Different epochs represented + M21 Local features + M22 Characteristics of each group + M23 First period: the early Babylonian + + 16 Such as that published by Professor G. Barton, in the _American + Oriental Society's Journal_, 1902, pp. 19-28. + + 17 First published by Professor H. V. Hilprecht, in _Old Babylonian + Inscriptions_, I., plates vi., vii., viii.; again with additions and + corrections by Professor V. Scheil, _Receuil de Travaux_, XXII., p. + 29-36. + +_ 18 Heft XVI._ of the _Mittheilungen aus den Orientalischen Sammlungen, + Berlin, 1901_. + + 19 Pages vii-xviii and 1-58. + + 20 From the _E. A. Hoffman Collection of Babylonian Clay Tablets in the + General Theological Seminary, New York_. + + 21 Pages 322-29. + + 22 IV., pp. 69-86; V., page 3. + + 23 III., pp. 118-46. + + M24 The second period: the First Dynasty of Babylon + + 24 Parts I., III., V., VII., IX., X. + + 25 XVIII., p. 73, XIX., pp. 54 ff., Nos. 1, 3, 11, 17, 20, 46, 48, 56, + 330. + + 26 XVII., p. 30, XIX., p. 58, No. 335. + + 27 XXII., p. 153 f. + + M25 Present location of the tablets: London + M26 Paris + + 28 Pl. 41. + + M27 Berlin + M28 Philadelphia + + 29 V., pp. 74-76; and VI., pp. 59, 60. + + 30 J. S., 41, 42, 43, 142, and Kh. 19, 198. + + M29 Constantinople + M30 Publications + + 31 Page 589 f. + + 32 Page 103 f. + + M31 The chronological system + M32 Key to the order of events in a reign + + 33 P. S. B. A., 1884, pp. 193-204. + + M33 The chronicle of the king + + 34 P. S. B. A., XXI., pp. 11-17, January, 1899. + + 35 Pages 338-409. + + 36 Pages 342-43. + + M34 Other kings mentioned + + 37 B. A. S., IV., pp. 382 ff. + + M35 Era of Isin + + 38 See Lindl, B. A. S., IV., pp. 384-85. + + M36 Various historical identifications + + 39 B1 58, 346. B2 318, 2439a, 2527, V. A. Th. 863. + + 40 B2 318. + + 41 B3 380, 2378. + + 42 B. A. S., IV., p. 363, foot-note. + + 43 L. H., III., p. 220, note 16. + + M37 The third epoch: the Kassite kings + + 44 Vol. XIX., pp. 56 ff., Nos. 70, 133, 147, 266, 572. + + 45 Pages 85-89. + + 46 B. A. S., II., pp. 111-205. + + 47 III.1, p. 154 f., 164 f.; IV., p. 56 f. + + 48 The so-called _Caillou de Michaux_ was published I. R. 70, and + discussed by Oppert, _Doc. Jur._, pp. 87 ff., and Boissier, + _Recherches sur quelques contrats babyloniens_, K. B., IV., pp. 78 + ff. A fine charter from the time of Merodach-baladan I. was + published IV. R. 38, discussed by Oppert, _Doc. Jur._, pp. 129 ff., + and K. B. IV., pp. 60 ff. Another of the same date was published, K. + B. IV., pp. 164 ff. + + M38 The Cappadocian tablets + + 49 P. S. B. A., November 1, 1881. + +_ 50 Abhand. d. phil. hist. Classes der K. Sachs. Ges. d. Wiss._ 1893, + No. IV. + + 51 Z. A., IX., pp. 62-81. + + 52 K. B., IV., pp. 50-56. + + 53 P. S. B. A., XXII., p. 106 f. + + M39 The Elamite contracts + + 54 Pages 169-94. + + M40 The fourth epoch: Assyria + M41 Aramaic dockets + M42 The collections of tablets + + 55 Deighton, Bell & Co., Cambridge, England. + + M43 Their peculiar style + + 56 Vol. XX., pp. 202 ff. + + M44 The plan of arrangement in the volume + M45 Contemporary Babylonian documents + M46 Fifth epoch: the second Babylonian empire + M47 Persian Empire, and later + M48 Classification + + 57 Pages xi-xx. + + 58 Pages xi-xviii. + + M49 Monographs + + 59 In the _Mitteilungen der Vorderasiatischen Gesellschaft_, 1896, No. + 3. + + M50 Nature of the oldest Babylonian laws + M51 Data hitherto uncertain + M52 Evidence that there were very ancient codes + M53 Codes antecedent to that of Hammurabi + M54 Sumerian laws found in the phrase-books + M55 Repudiation of father by son + M56 Repudiation of mother by son + M57 Disinheritance of son by father + M58 Disinheritance of son by mother + M59 Repudiation of husband by wife + M60 Repudiation of wife by husband + M61 Responsibility of employer + +_ 60 Sumerische Lesestuecke_, p. 112. + + 61 H. W. B., p. 542. + + M62 Witchcraft and the ordeal by water + M63 False witness in capital suit + M64 In civil case + M65 Judgment once given not to be altered + M66 Burglary and acceptance of stolen goods + M67 Dealings with irresponsible persons + M68 Theft + M69 Procedure in case of the discovery of lost property + M70 Judgment by default + M71 Kidnapping + M72 Abduction of slave + M73 Harboring a fugitive slave + M74 The capture of a fugitive slave + M75 Burglary + M76 Highway robbery + M77 Theft at a fire + M78 Duties and privileges of an officer over the levy + M79 Rights and duties of his son + M80 Penalty for neglect of his benefice + M81 His ransom, if captured + M82 Duties of district governors + M83 Governors not to oppress subordinates + M84 The benefice of a levy-master, warrant-officer, or tributary + inalienable + M85 Not to be bequeathed to his family + M86 The obligation resting upon a buyer of real estate + M87 A benefice not to be exchanged + M88 Responsibilities of land-tenants + M89 The rent of unbroken land + M90 Loss of crop by storm apportioned between landlord and tenant + M91 Landlord cannot restrain a satisfactory tenant from subletting + M92 Abatement of debt on account of storm, flood, or drought + M93 Rights in a crop pledged for debt + M94 Riparian responsibilities + M95 Penalty for neglect to shut off water + M96 Damage done to growing crop by sheep + M97 Cutting down a tree without permission + M98 Rent of a garden-plot + M99 Garden rented on shares + M100 Obligations of owner to gather a date-crop assigned for debt + M101 Eviction of house-tenant + M102 Acceptance of goods in payment of debt, in default of money or corn + M103 Responsibility of a travelling salesman + M104 Robbery, substantiated by oath, a valid excuse + M105 Responsibility to be indicated by legal receipts + M106 Punishment of fraud of an agent + M107 Fraud practiced by principal + M108 Fraud in ordinary drink-traffic + M109 Connivance at unlawful assemblages + M110 Drink-traffic forbidden to votaries + M111 Rate of payment with produce + M112 Carrier's liability for misappropriation of goods + M113 Unauthorized seizure of goods denied a creditor + M114 Punishment of vexatious distraint + M115 Creditor responsible for fair treatment of a man held as security + for debt + M116 Limitations on the holding of such hostages + M117 Responsibility of owners of warehouses + M118 Rate of payment for storage of corn + M119 Receipt for deposit of valuables + M120 Responsibility of bankers + M121 Their own losses no excuse + M122 Depreciation of property + M123 Slander of votary or married woman + M124 Marriage-bonds + M125 Punishment of flagrant adultery + M126 Rape of a betrothed virgin + M127 Suspicion of adultery cleared by oath + M128 Ordeal of water permissible to accused wife + M129 Rights and duties of the wives of those who have been taken captive + in war + M130 Right of a deserted wife to remarry + M131 Rights of a divorced woman who has borne children + M132 Rights of a divorced woman who is childless + M133 Status of a worthless wife + M134 Status of a wife who repudiates her husband + M135 Marriage with a votary + M136 A votary's rights against a maid assigned to her husband + M137 Status of a wife afflicted with a disease + M138 Wife's right to property deeded to her by her husband + M139 Marital responsibility for ante-nuptial debts + M140 Connivance at husband's murder by a wife + M141 Incest with own daughter + M142 Incest with daughter-in-law + M143 Incest with mother + M144 Incest with step-mother + M145 Penalty for breach of promise + M146 Rights of a rejected suitor + M147 Slandering rival not to profit by his calumny + M148 Disposal of a wife's marriage-portion + M149 Effect upon the inheritance of a father's gift to a favorite son + M150 Reservation of a bride-price for a young unmarried brother + M151 Inheritance of children in case of two fruitful marriages + M152 Disinheritance of a son + M153 Status of children by a slave-woman + M154 The rights of a widow in personal property + M155 Her rights in the home + M156 Dower rights of her children by second marriage + M157 Property rights of the children of slave-father and free mother + M158 Property rights of the young children of a widow who remarries + M159 The property rights of a votary + M160 Her right to convey property + M161 Her right of inheritance + M162 Her proportion of her father's property + M163 Additional privileges of votary of Marduk of Babylon + M164 Rights of a daughter by a concubine, if provided for by father on + marriage + M165 If not so provided for by father + M166 Adoption of natural son + M167 Adoption of child of living parents + M168 Responsibilities of a craftsman to his adopted child + M169 Rights of inheritance of an adopted son + M170 Obligations on discarding an adopted son + M171 Punishment for the repudiation of adoptive parents + M172 Penalty of substituting one infant for another + M173 Assault on a father + M174 Graded penalties for assault and battery + M175 Brutal assault + M176 Fatal assault + M177 Assaults upon pregnant women + M178 Gradation of surgeon's fees + M179 Penalties for unskilful operations + M180 Cure of limb or bowel + M181 Fees for the treatment of the diseases of animals + M182 Brander's liabilities + M183 Builder's fee and liabilities for bad workmanship + M184 Boatmen's fees and liabilities + M185 Hire of boats + M186 Responsibility of boatmen carrying goods + M187 Law of collision + M188 Working ox not to be distrained + M189 Hire of oxen and cows + M190 Liability for loss of ox or ass by accident + M191 Compensation for loss of ox by ill-treatment + M192 Responsibility for unavoidable accidents to a hired ox + M193 Death by goring, accidental + M194 Responsibility for a vicious ox + M195 Responsibility of a tenant farmer + M196 Wages of laborers + M197 Theft of agricultural instruments + M198 Wages of herdsmen + M199 Their liability + M200 Hire of animals for threshing + M201 Hire of wagon, oxen, and driver + M202 Graded wages of day-laborers + M203 Wages of artisans + M204 Hires of various boats + M205 Compensation for defect discovered in a slave after sale + M206 Manumission of native slaves taken captive and bought back by + travelling merchant + M207 Of foreign slaves + M208 Punishment for repudiating a master + M209 General character of the Hammurabi Code + M210 Bibliography + M211 Agent not able to recover without power of attorney + M212 Responsibility of one who sells + M213 Permanent settlements at marriage between father of bride and the + bridegroom + M214 Inheritance rights of children of second marriage + M215 Procedure in case the father-in-law is unable to carry out his + promise of dowry + M216 Marriage-portion of childless wife + M217 Rights of inheritance of a childless widow + M218 The rights of a widow with children in case of re-marriage + M219 Division of the estate of a man twice married + M220 The three great classes of the population: the gentry, the common + men, and the slaves + + 62 § 15. + + 63 § 140. + + 64 §§ 273, 274. + + 65 § 16. + + 66 §§ 16, 17, 19. + + 67 § 199. + + 68 §§ 205, 282. + + 69 §§ 218, 223. + + 70 § 6. + + M221 The levy-master and the warrant-officer + M222 Their compensation + + 71 § 26. + + 72 § 28. + + 73 § 29. + + 74 § 29. + + 75 § 30. + + 76 § 31. + + M223 The risks of public service + + 77 § 32. + + M224 The tributary + M225 All land subject to royal taxation + + 78 § 183. + + M226 The votaries + + 79 For fuller information and references, see A. J. S. L., XIX., pp. 98 + ff. + + M227 The merchant + M228 Antiquity of the judicial organization + M229 Sources of our knowledge of early legal procedure + M230 Judges not often mentioned + M231 Their varied duties + + 80 § 5. + + 81 § 9. + + 82 § 13. + + 83 § 169. + + M232 Special directions to judges + + 84 § 177. + + 85 § 127. + + 86 § 168. + + 87 § 172. + + M233 Position, rank, and qualifications + M234 Method of appointment + + 88 B2 327. + + M235 The chief-justice + + 89 A. D. D. § 567. + + M236 The scribes + M237 Their duties + M238 Female scribes + + 90 A. D. D., 827, 2. + + M239 The scribe not a judge + M240 The scribe not a priest + M241 The witnesses + M242 The elders of a city + + 91 M. A. P., 80, B1 199, B2 2458. + + 92 § 202. + + 93 § 5. + + 94 B2 2182. + + M243 Their jury duties + + 95 M. A. P., 80. + + 96 B2 824, 838. + + 97 B 34. + + 98 B1 99. + + M244 Trial witnesses + + 99 § 13. + + M245 Witnesses to deeds + M246 Settlements out of court + + 100 B1 38, B2 838. + + M247 Recourse to a judge + M248 The advocate + M249 The plaintiff in the reports + + 101 M. A. P., 79. + + M250 Summons before the judge + + 102 M. A. P., 100, B1 294. + + 103 B2 272. + + M251 Appeals + + 104 King, _Letters of Hammurabi_, p. xxxix f. + + M252 Various places for holding a court + + 105 B2 360. + + 106 B1 711. + + 107 M. A. P., 100. + + 108 B 57, 73. + + 109 B2 279. + + M253 Legal procedure + + 110 § 9. + + 111 B2 2444 A. + + M254 The deity the theoretical source of all judicial authority + + 112 M. A. P., 79, 105. + + 113 B2 2463. + + 114 B2 327. + + 115 B2 301. + + 116 B2 272. + + M255 Summoning witnesses + + 117 §§ 122, 123. + + 118 § 13. + + M256 Bribing witnesses + + 119 §§ 3, 4. + + 120 B1 160. + + M257 Different kinds of testimony + + 121 B2 2182. + + 122 B2 2181. + + M258 Rendering the decision + + 123 B2 2474. + + 124 B2 2458. + + 125 B2 2516. + + M259 The collection of damages + + 126 B2 387. + + 127 B2 2182. + + 128 B2 2458. + + M260 Breaking a contract-tablet + + 129 § 37. + + 130 B2 586, 2177 A. + + 131 A. B. R. _passim._ + + M261 The legal decision + + 132 B2 327. + + 133 § 5. + + M262 Documentary form + + 134 B2 387. + + M263 Administration of oaths + + 135 §§ 20, 131, 227, 266. + + 136 §§ 23, 103, 120, 126, 206, 240, 249. + + 137 § 9. + + M264 Form of the oath + + 138 B1 160. + + 139 B1 188. + + 140 B1 295. + +_ 141 Letters of Hammurabi_, pp. 212-54. + + 142 B. A. S., iv., p. 338 f. + + M265 The place where it was administered + + 143 B1 199. + + 144 B2 2178 A. + + 145 B2 2182. + + 146 B1 199. + + M266 Its purport + M267 Its gradual decrease in importance + + 147 A. D. D., § 604. + + M268 Its preservation as an antique form + + 148 Nbk., 368. + + 149 Cyr., 277. + + 150 Cyr., 312, A. B. R., II., pp. 16, 73. + + M269 Penalties for perjury + + 151 § 3. + + 152 § 127. + + 153 B2 2190. + + 154 §§ 4, 13. + + 155 Nbd. 13. + + M270 Forfeits + M271 Nature of the forfeits + M272 The ordeal + M273 The death-penalty + M274 Drowning + M275 Burning + M276 Impalement + M277 Ordeal by water + M278 Mutilations + M279 Scourging + M280 Banishment + + 156 § 154. + + M281 Simple restitution + + 157 §§ 9, 10, 12, 125, 219, 231, 232, 245, 246, 263. + + M282 Multiple restitution + + 158 § 106. + + 159 § 112. + + 160 § 107. + + 161 §§ 8, 265. + + 162 § 5. + + M283 Retaliation + + 163 §§ 196, 197, 200. + + 164 §§ 116, 210, 219, 230, 231. + + M284 Vicarious punishment + + 165 §§ 116, 210, 230. + + M285 Loss of claim + M286 Cases where no claim is allowed + + 166 § 123. + + 167 § 115. + + 168 § 250. + + M287 Compensation + + 169 § 42. + + 170 § 44. + + 171 § Y. + + M288 Meaning of the term + + 172 B2 316. + + 173 Rev. 1-4. + + M289 Technical terms used + M290 Their arrangement + + 174 B2 511. + + M291 Suit concerning inheritance + + 175 B2 2474. + + M292 Suit for paternal power over daughter + + 176 § 136. + + 177 M. A. P., 39. + + 178 M. A. P., 41. + + 179 M. A. P., 44. + + 180 M. A. P., 79. + + 181 M. A. P., 111. + + 182 B2 301. + + 183 B2 2465. + + 184 B2 2473. + + 185 M. A. P., 40. + + 186 M. A. P., 78. + + 187 M. A. P., 80. + + 188 M. A. P., 110. + + 189 B 199. + + 190 B2 327. + + 191 B2 511. + + 192 B2 586. + + 193 B2 2175 A. + + 194 B2 2177 A. + + 195 B2 2178 A. + + 196 B2 2181. + + 197 B2 2186. + + 198 B2 2190. + + 199 B2 2444 A. + + 200 B2 2458. + + 201 B2 2463. + + 202 B2 2502. + + 203 B2 2193. + + 204 B2 824. + + 205 M. A. P., 42. + + 206 M. A. P., 43. + + M293 Right of a widow on remarriage to her husband's property or gifts + + 207 M. A. P., 100. + + 208 B1 40. + + 209 B1 188. + + 210 B1 295. + + 211 B1 160. + + 212 B1 711. + + 213 B2 272. + + 214 B2 2182. + + 215 B2 2516. + + M294 Legal practice of Assyrian times + + 216 A. D. D., No. 160. + + 217 A. D. D., No. 161. + + 218 A. D. D., No. 164. + + M295 Damages for loss by agent + M296 Additional cases + M297 Later Babylonian decisions + M298 Method of procedure + M299 The possible complications + M300 Dispute for the possession of a sum of money + M301 Suit regarding loan on mortgage + + 219 Nbn. 1128. + + M302 Regarding possession of a slave + + 220 Dar. 53. + + M303 Acknowledgment of a debt + M304 Settlement out of court + + 221 Dar. 260. + + M305 A private settlement + + 222 Dar. 410. + + 223 A. B. P., ii., pp. 70 ff. + + M306 Agreements to appear in court + + 224 Dar. 159. + + 225 Dar. 229. + + M307 Production of witnesses + + 226 Dar. 299. + + 227 Dar. 176. + + 228 Nbk. 52. + + 229 Nbk. 183. + + 230 A. B. P., i., pp. 31 ff. + + M308 Production of bond + + 231 A. B. P., ii., p. 67. + + 232 Camb. 384. + + M309 The mixed population of Babylonia + M310 Position and rights of resident aliens + + 233 § 40. + + 234 Dar. 201. + + 235 Dar. 57. + + 236 Dar. 410. + + 237 Dar. 509. + + M311 Tax on landed property + + 238 Cyr. 231, 232. + + 239 § 53. + + M312 State liabilities + + 240 § 32. + + M313 District liabilities + + 241 § 24. + + 242 § 40. + + M314 General system of taxation + M315 Reason for the lack of information regarding criminal law + M316 Blood-vengeance commuted for a gift + + 243 A. D. D., No. 321. + + M317 Imprisonment + + 244 Cyr. 281. + + M318 Assault + + 245 Cyr. 328, 329. + + M319 Tempting a slave to desert + + 246 § 15. + + 247 Dar. 207. + + M320 Adultery and its punishment + + 248 § 129. + + 249 § 132. + + 250 Z. A., iii., p. 78. + + 251 § 153. + + M321 The punishment of incest + + 252 § 154. + + 253 § 155. + + 254 § 156. + + 255 § 157. + + 256 § 158. + + M322 The sources of information + M323 The marriage-contract and its obligations + + 257 § 128. + + 258 § 157. + + M324 Family relations + M325 Ancient _gentes_ + M326 Guilds of working-men + M327 Their rivals + M328 Public registration of family events + + 259 Nbn. 69. + + 260 Z. A., iii., p. 87 f. + + M329 Entailed family property + M330 Responsibilities of family to its individual members + + 261 B2 419. + + M331 Amount of the bride-price + + 262 S. 34. + + 263 § 139. + + M332 Its disposal + M333 Its presentation + + 264 V. R., 24, 48. + + 265 § 160. + + 266 § 161. + + M334 Penalty for breach of promise + + 267 § 156. + + M335 Preliminaries of marriage + + 268 Nergl. 1. + + 269 Nbn. 243. + + M336 Negotiation of a father for his son + + 270 Nbk. 101. + + M337 Negotiation with a mother for her daughter + + 271 Cyr. 183, B. A. S., iv., p. 7. + + M338 Role of the contracting parties + M339 Giving away the bride + + 272 See pages 162, 163. + + 273 B. A. S., iv., pp. 14-22. + + M340 Widows free to dispose of themselves + M341 Consent of bridegroom's father or guardian requisite for a legal + marriage + + 274 §§ 155, 156. + + 275 Cyr. 312. + + M342 The court of registration + + 276 Cyr. 307. + + M343 The bride's dowry + + 277 Nbk. 101. + + M344 Her marriage-portion + + 278 Page 163. + + M345 Her trousseau + + 279 § 182. + + 280 § 178. + + 281 § 180. + + 282 B1 10. + + 283 §§ 162, 163. + + M346 Nature of the marriage-portion + + 284 B1 19, B1 163. + + 285 K. B., v., pp. 390-404. + + M347 Later usage + + 286 K. B., iv., pp. 78 ff. + + 287 Camb. 193. + + 288 Nergl. 25. + + 289 Page 69. + + 290 B. A. S., iv., p. 13 f. + + M348 Payment of the marriage-portion + + 291 B. V., 19, 100, 122. + + 292 Cyr. 143, Camb. 23. + + M349 Wife's pin-money + + 293 § 171. + + 294 § 172. + + M350 The period of betrothal + + 295 § 130. + + M351 The wedding-ceremony + + 296 Pages 35 ff. + + M352 The first home + + 297 § 156. + + M353 Monogamy prevalent in early days + + 298 § 167. + + M354 Polygamy in later times + + 299 See on these points _Assyrian Deeds and Documents_, iii., p. 385 f.; + _Assyrian Doomsday Book_, p. 25 f. + + 300 Camb. 193. + + 301 Nbk. 101. + + M355 Concubinage + + 302 § 137. + + 303 § 137. + + 304 § 183. + + 305 § 184. + + M356 The maid as the wife of her master + M357 Marriages and inheritance among slaves + + 306 § 176. + + M358 Data from the contracts + + 307 M. A. P., 88. + + M359 Fatherless girls + + 308 B1 617. + + 309 M. A. P., 92. + + 310 M. A. P., 90. + + 311 M. A. P., 90. + + M360 The marriage of votaries + + 312 B2 366. + + M361 Power of agnates + M362 Marriage of a king's daughter + + 313 B2 394. + + 314 B1 193. + + M363 Marriage of two sisters to one man + + 315 A. P., 89. + + 316 J. R. A. S. 97, pp. 407 ff. + + 317 B. A. L., p. 27 f. + + 318 B1 21 and B2 2176 A. + + 319 § 146. + + M364 Marriage with attached conditions + + 320 B2 407. + + 321 B2 707. + + M365 Early regulations regarding divorce + + 322 Law VI. + + M366 Rights of a divorced wife + + 323 § 137. + + M367 Grounds of divorce + + 324 § 138. + + 325 §§ 139, 140. + + M368 Protection of the wife's rights + + 326 § 142. + + 327 § 143. + + 328 § 141. + + 329 § 149. + + 330 § 150. + + M369 Illustrations from the contracts + + 331 §§ 136-40. + + 332 M. A. P., 91. + + 333 M. A. P., 90. + + 334 § 138. + + 335 § 142. + + M370 Involuntary desertion + + 336 § 133. + + 337 § 134. + + 338 § 135. + + M371 Voluntary desertion + + 339 § 136. + + 340 B1 2474. + + M372 The authority of the widow in the home + + 341 § 172. + + 342 § 173. + + M373 Rights of inheritance + + 343 § 171. + + 344 § 172. + + M374 Later usages + + 345 Camb. 273. + + M375 Remarriage of a widow + + 346 § 172. + + 347 § 173. + + 348 § 174. + + M376 Disposal of her first husband's property + + 349 § 177. + + 350 § 177. + + M377 Absoluteness of the paternal power over the family + + 351 § 117. + + 352 § 7. + + 353 M. A. P., p. 11. + + M378 His power of preference + + 354 § 165. + + M379 His control of his daughters + + 355 § 178. + + 356 § 179. + + 357 § 183. + + 358 Page 127. + + 359 § 166. + + M380 The age of majority + M381 Punishment of unfilial conduct + + 360 § 195. + + M382 Disinheritance + + 361 § 168. + + M383 Relations of mothers and sons + + 362 M. A. P., p. 15. + + M384 Duties to adoptive parents + + 363 §§ 192, 193. + + M385 Number and importance of scribes + + 364 Page 84. + + M386 Sumerian words and expressions in the legal literature + M387 Schools + + 365 P. S. B. A., xviii., pp. 250-56; xxiii., pp. 188-210. + + M388 Apprenticeship + M389 Naming of children + + 366 Nbd. 832, Nbk. 67. + + 367 Nbk. 100. + + 368 D. S., p. 24, note. + + M390 Rearing of babies + + 369 II. R. 9, 28 cd. ff. + + 370 § 194. + + M391 Number of children who could read and write + + 371 II. R. 9, 66 cd. + + 372 Page 82. + + M392 Frequency and reasons for adoption + M393 Children who might be adopted + + 373 B1 54. + + 374 II. R. 9, 28 cd. ff. + + 375 M. A. P., p. 15. + + M394 The method of procedure + + 376 § 199. + + 377 § 188. + + M395 Adoption pure and simple + + 378 § 185 ff. + + 379 M. A. P., 95. + + 380 M. A. P., 98. + + 381 M. A. P., 97. + + M396 Consent of other members of the family involved + + 382 M. A. P., 94. + + M397 Disinheritance of a son + + 383 § 168. + + 384 M. A. P., 93. + + 385 § 168. + + 386 M. A. P., 98. + + M398 Form of adoption + M399 Phrases which express the idea + M400 Settlements which assume adoption + + 387 B2 565. + + M401 Precautions against suits + + 388 B1 368. + + M402 Duties of adopted child to parents' support + M403 Service + + 389 B2 375. + + 390 B3 2484. + + 391 B2 609. + + 392 B1 2489. + + M404 Punishment for neglect of these duties + + 393 § 168. + + 394 B2 360. + + M405 Care of aged parents + + 395 B2 2460. + + M406 Inheritance rights + + 396 B2 2179. + + M407 The division of an inheritance + M408 Usage as illustrated by the contracts + + 397 M. A. P., 105. + + 398 M. A. P., 106. + + 399 M. A. P., 107. + + 400 M. A. P., 109. + + 401 § 116. + + 402 B1 33. + + 403 B1 12. + + 404 B1 14. + + M409 Division of property between three brothers + + 405 B1 60. + + 406 B1 31 = M. A. P., 103. + + 407 B1 46 = M. A. P., 104. + + 408 M. A. P., p. 145. + + M410 The great difficulty of interpreting details in testamentary + documents + M411 Disinheritance in the Sumerian laws + + 409 See page 39. + + M412 In the Code of Hammurabi + + 410 §§ 168, 169. + + M413 In the case of adopted children + + 411 § 191. + + M414 The slave a chattel + M415 Rights of a slave + M416 Complexity of the evidence regarding slavery + M417 Its very early existence + + 412 D. E. P., ii., p. 25. + + 413 Chapter XXII. + + 414 § 6. + + 415 § 15. + + 416 § 16. + + 417 § 17. + + 418 § 19. + + 419 § 20. + + 420 § 16. + + 421 § 119. + + 422 § 175. + + 423 §§ 218, 223. + + 424 § 99. + + 425 Cf. § 251. + + 426 § 280. + + M418 Sale of slaves + M419 Diseases regarded as just cause for a repudiation of the contract to + buy a slave + + 427 K. B., vi., p. 389. + + M420 Legal defects + M421 Assyrian usages regarding slaves + M422 Right of a slave to the enjoyment of his property and family + M423 The serfs + M424 Advantages of slavery + M425 Liability for forced labor + + 428 See _Assyrian Doomsday Book_, p. 24. + + M426 Opportunity to acquire skill as artisans + M427 The slave an independent asset + M428 The later disappearance of the serf + M429 Slave sales + M430 Guarantees exacted in such deeds: + M431 Against rebellions (?) + + 429 K. B., ii., p. 282. + + 430 Cyr. 310, Nbk. 201. + + M432 Against flight + M433 Against untimely death + + 431 Z. A., iii., p. 86. + + M434 Against unexpected claims + + 432 Cyr. 146. + + M435 Against over-exaction in the public service + + 433 Cyr. 146; Camb. 15. + + M436 Against redemption as men of family + M437 Against illegal enslavement + + 434 Dar. 212. + + M438 The branding or tattooing of slaves + + 435 § 103. + + 436 M. A. P., 95. + + M439 The other ways of indicating servitude + + 437 § 226. + + 438 K. B., vi., p. 377. + + 439 K. 3787 K. B., iv., p. 166 f. + + 440 Camb. 291. + +_ 441 De serv._, p. 20. + + 442 P. S. B. A. 83, p. 104. + + 443 P. S. B. A. 84, p. 102. + + M440 Significance of slave-names + + 444 Nbk. 70. + + 445 Nbk. 625. + + 446 Nbk. 311. + + M441 Foreign-born slaves + + 447 Camb. 334. + + 448 Nbd. 697. + + 449 Z. A., iii., 135. + + M442 Various methods of making slaves + M443 A slave's right to hold and use property + + 450 A. B. R., i., pp. 1 ff. + + M444 A slave's evidence not good against a free man + + 451 Nbn., 738. + + M445 A slave's value proportioned to his producing power + + 452 Nbn. 573. + + M446 The history of the slave Bariki-ilu + + 453 Z. A., iii., p. 87. + + 454 Nbk. 408. + + M447 A runaway slave not always returnable + M448 Apprenticing slaves to a trade + + 455 Cyr. 64. + + 456 Cyr. 248. + + 457 Cyr. 325. + + 458 Cyr. 313. + + M449 Fee paid by service + M450 Relative proportion of slaves to free men + + 459 S. 10. + + 460 A. D. D., No. 424. + + M451 Price of a slave + + 461 M. A. P., p. 7. + + 462 § 252. + + M452 Distinction between real and personal property + + 463 § 191. + + 464 Page 188. + + M453 Entailed property + + 465 Page 122. + + M454 Natural features of Babylonia in their influence on property rights + M455 Primitive land tenure + M456 Ownership of cultivated land + M457 Theoretical ownership of the land by the local deity + + 466 Z. A., iii., 369. + + M458 Private ownership absolute in historical periods + M459 Right to retain ancestral estates + + 467 M. A. P., 42. + + 468 A. D. D., § 600. + + M460 Different kinds of real property + M461 Terms used in descriptions of real property + M462 Systems of land measures: (1) computation by area + + 469 Cf. also Appendix. + + M463 (2) Computation by an average yield + M464 Descriptions and plans of plots of land + M465 Boundary-stones + M466 Inviolability of landmarks + M467 Encroaching on the highway + + 470 Melishihu. + + 471 Merodoch-baladan I. + + 472 Marduk-nadin-ahi. + + 473 I. R. 7, 12 ff. + + M468 The king's power over land + + 474 D. E. P., ii., 91. + + 475 Scheil, _Memoires de la Delegation en Perse_, Tome II. + + M469 Recognition of private rights of possession + + 476 I. R. 36, 40-42. + + 477 Like Araunah the Jebusite. + + 478 A. D. D., No. 809. + + M470 Royal grants to temples and favorites + + 479 Scheil, _Memoires de la Delegation en Perse_, Tome II. + + 480 Idem. + + 481 Scheil, _Memoires de la Delegation en Perse_, Tome II., p. 95. + + 482 Idem, p. 97. + + 483 Idem, pp. 99 ff. + + 484 Idem, p. 112. + + 485 C. T., ix., No. 92987. + + 486 C. T., ix., No. 90922. + + 487 K. B., iv., pp. 57 ff. + + 488 K. B., iv., pp. 60 ff. + + 489 K. B., iv., pp. 68 ff. + + 490 A. D. D., Nos. 651-56. + + 491 A. D. D., Nos. 658, 659. + + 492 A. D. D., Nos. 646-48. + + 493 A. D. D., Nos. 649, 650. + + M471 Restoration of ancestral estates + + 494 K. B., iii., pp. 154 ff. + + 495 K. B., iv., p. 64. + + M472 Granting of especial privileges + + 496 K. B., iii., pp. 164 ff. + + 497 K. B., iv., pp. 90 ff. + + M473 Temple endowments + + 498 K. B., iii., pp. 174 ff. + + M474 An illustration + + 499 Vol. xxiii., pp. 19 ff. + + M475 The metayer system + M476 Illustrations from the Code + + 500 § 253. + + 501 B2 509. + + M477 From the Assyrian period + + 502 A. D. D., p. 21. + + M478 From the Persian period + + 503 Cyr. 26. + + 504 Hilprecht, B. E. P., ix., p. 40. + + M479 The system of shares + + 505 §§ 46, 64. + + 506 M. A. P., 76, B2 460. + + M480 Duties of tenants + + 507 M. A. P., p. 12, note 3, p. 143, No. 77. + + 508 § 42. + + M481 Fixed rental + M482 Improving lease + + 509 § 44. + + 510 § 60. + + M483 Manorial obligations + M484 Their basis in the obligation of fair maintenance + + 511 § 53. + + 512 K. L. H., p. xxxvii. + + 513 Ib., p. 16. + + 514 C. T., IX., No. 92987. + + M485 The levy + + 515 § 16. + + M486 Forced labor + + 516 A. D. D., ii., p. 172. + + M487 Exemption of certain cities + + 517 A. O. F., i., p. 404. + + 518 H. A. B. L., p. 89. + + 519 A. D. D., ii., p. 174 f. + + 520 C. T., xv., 50. + + M488 Classes subject to the levy + + 521 A. O. F., i., p. 404 f. + + M489 Service at the royal weaving establishments + + 522 Rev. Ass., III., p. 140. + + 523 A. D. D., 951 ff. + + 524 B. A. S., i., pp. 492-536, 632-36. + + M490 Obligations of slave to the state + M491 Public obligations + M492 To take a share in the expense of warfare + + 525 Dar. 164. + + 526 Dar. 156. + + 527 Dar. 481. + + 528 Dar. 253. + + 529 Camb. 276. + + M493 To pay dues for the land + + 530 § 35. + + 531 D. E. P., II. + + M494 The temple tithe + M495 In Assyria + + 532 A. D. D., § 236. + + M496 Common among Neo-Babylonians + + 533 Nbn. 2. + + 534 Sayce. + + 535 Nbd. 270. + + M497 Often paid collectively + + 536 Nbk. 220. + + 537 B. E. P., ix., p. 36. + + M498 Usually in kind + M499 Octroi duties + M500 The great importance of the temple + M501 Varieties and origin of temple dues + + 538 A. D. D., 998-1092. + + M502 The temples as owners of rented land + + 539 Nbd. 428, 439. + + 540 Page 196. + + M503 Their income from private sources + M504 Share of the temple in the sacrifices + + 541 A. D. D., Nos. 998-1013, etc. + + 542 Haupt, _Journal of Biblical Literature_, xix., p. 60. + + M505 Sometimes sold for cash + + 543 Nbk. 213 with Nbk. 396. + + M506 The temple as a business institution + M507 The temple as a place of deposit and traffic + M508 The temple staff + M509 The priestly influence over the king + M510 Their influence on the whole predominantly ethical + M511 Honors paid to priesthood + M512 Additional duties + + 544 Camb. 19. + + M513 Their college + M514 Their exact functions uncertain + + 545 Professor H. Zimmern has made a splendid beginning in his _Beitraege + zur Kenntniss der Babylonischen Religion_ by determining the + functions of the _baru_, the _asipu_, and the _zammaru_. He calls + them all "priests." But he does not show that either was a _sangu_. + It may really be so, but why confuse what the Babylonians kept + distinct? + + M515 The warden + + 546 Cyr. 292. + + M516 The steward + M517 The workmen + + 547 Cyr. 352. + + M518 Similarity of the temple to the monastic system + + 548 Page 76. + + 549 Nbd. 773. + + M519 Hereditary rights + M520 Origin of clan names + M521 Proprietary rights to share in temple incomes + M522 These rights negotiable + + 550 M. A. P., 41. + + 551 B2 2175 A. + + 552 P. A. S., II., 8. + + 553 P. A. S., II., 23. + + M523 Other endowments of office + M524 Also the great offices at court + M525 These rights maintained by inheritance + M526 The relation to the state + M527 The loaning of money + + 554 A. D. D., No. 930. + + M528 Forced loans + M529 The temple a trading institution + M530 Alienation of property + M531 Importance of the fact of ownership + M532 Peculiar forms of assignments + M533 Restrictions on free gifts + M534 The conditions of any gift + M535 Establishment of a daughter who became a votary + M536 Rights in a gift made by a votary + + 555 M. A. P., 7. + + M537 Gifts made by a father to a daughter + + 556 B1 675. + + 557 B1 39. + + 558 M. A. P., 6. + + 559 B2 324. + + M538 Pin-money for a wife + + 560 B2 2504. + + M539 Consent of heirs to the disposal of property + + 561 B2 544. + + 562 B2 729. + + M540 Donation in Assyria + + 563 A. D. D., No. 619. + + M541 In the Second Babylonian Empire + + 564 Nbd. 65. + + 565 Nbd. 1098. + + 566 Nbd. 334. + + 567 Nbd. 368. + + 568 Nbd. 113. + + 569 Nbd. 258. + + 570 Nbd. 348. + + M542 An example + + 571 Nbk. 109. + + M543 Dedications + + 572 § 180 f. + + 573 B2 704. + + M544 To the chief priest of a temple + M545 Of children to Shamash + + 574 B3 2183. + + 575 B2 349. + + M546 To secure divine favor + + 576 A. D. D., 640. + + 577 A. D. D., 641. + + 578 A. D. D., 643. + + M547 Testaments or bequests + + 579 § 178. + + M548 Later Babylonian examples + + 580 Cyr. 277. + + 581 A. B. R., ii., 20 f. + + M549 Their importance + M550 The formal preliminaries + M551 The registration of titles + M552 The method of identifying the property transferred and the parties + concerned + M553 Means of protecting the buyer from fraud + M554 The legal verbiage + + 582 M. A. P., p. 37. + + M555 A specimen deed of sale + M556 The body of the document in Sumerian + M557 Later deeds often in Semitic only + M558 The specifications of the deeds the items of permanent interest + M559 The earnest money + M560 Common in later Babylonian deeds + + 583 D. E. P., ii., p. 1-f. + + 584 See p. 236. + + 585 M. A. P., p. 96. + + 586 B. 320. + + 587 K. B., IV., p. 298 f. + + 588 B. V., p. 168. + + 589 K. A. S., p. 48. + + M561 The notary's fee + + 590 A. D. D., pp. 35 ff. + + 591 A. D. D., No. 173. + + 592 A. D. D., No. 176. + + M562 Assyrian deeds of greater length + M563 Various interests regarded as having claims which must be distinctly + met + M564 Occasional use of the oath of confirmation + M565 Penalties for the failure to carry out a contract + M566 Rights of the purchaser + + 593 For details see A. D. D., iii., pp. 288-368. + + M567 Late tablets include the details of bargaining + M568 Deferred payments + + 594 Page 104. + + 595 Nbd. 807. + + 596 Camb. 114. + + 597 Nbk. 103. + + M569 Return of purchase on failure to pay + + 598 Camb. 165. + + M570 Retention of purchase without settlement + + 599 Nbk. 103. + + M571 Fraud + + 600 L. 19. + + M572 The records of sales found at an early date + + 601 Col. 8, l. 5. + + M573 Their varied information + M574 Method of legally describing real estate + M575 Importance of these boundary inscriptions + M576 Many of the details puzzling + M577 Plots often, but not invariably rectangular + M578 Plans of houses + + 602 One such plan is published by King (L. H., ii., p. 242) and + discussed by him later (L. H., iii., p. 255 f.). There are many + others in our museums, several of which have been published + (_Receuil de Travaux_, xvii., pp. 33 ff.; _Saison de fouilles a + Sippar_, 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 _Nineve_, + excellent studies of them will be found in Perrot and Chipiez, + _Assyrian and Babylonian Art_. There are also many plans of the + early cities and palaces in De Sarzec's _Decouvertes en Chaldee_; + also, _Receuil de Travaux_ and _Revue d'Assyriologie_ _passim_. + + M579 Description of houses in the contracts of sale + + 603 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, _bitu epsu_. Dr. Meissner also regards as + "houses" the plots of land called _E KI-GAL_ and _E KISLAH_; they + are, however, mentioned later with some other plots of land where + _E_ denotes a "plot," not necessarily a "house." + + 604 Page 244. + + 605 K. 1297. + + M580 The streets mentioned as boundaries + M581 A deed of the First Babylonian Dynasty + + 606 B2 476. + + M582 Its interesting historical information + + 607 B2 476. + + 608 B2 332. + + 609 B2 1058. + + 610 B2 331. + + 611 B2 2192. + + M583 Mention of the business agent + + 612 B2 2190. + + M584 Mention of the price of a house + M585 An Assyrian deed for sale of a house + + 613 K. B., iv. p. 170 f. + + M586 Various parts of the house + + 614 § 266. + + 615 H. W. B. + + 616 A. D. D., 320. + + 617 A. D. D., Nos. 325-40. + + 618 A. D. D., Nos. 341, 342. + + 619 A. D. D., Nos. 326-34. + + 620 A. D. D., Nos. 326-32. + + 621 A. D. D., Nos. 340-49. + + 622 A. D. D., Nos. 329-40. + + M587 The burial-vault + + 623 A. D. D., No. 646. + + 624 A. D. D., No. 340. + + M588 Block houses in Nineveh + M589 Size not mentioned + + 625 A. D. D., No. 349. + + 626 A. D. D., No. 345. + + M590 The usual cost + M591 Side buildings + + 627 M. A. P., 25. + + M592 Unimproved land + + 628 § 44. + + 629 B2 377. + + 630 B2 446. + + M593 Granaries + + 631 § 113. + + 632 S. 67. + + 633 B2 2192. + + 634 B2 2518. + + M594 The term _bitu_ means not only "house," but "field" + + 635 A plot of land or house called _E burbalum_ is sold (B1 280, B2 838, + B2 2462), but there is no information given as to its special + nature; so also a _bit kidim_ (B2 2444a), but there is no means of + deciding what it was. A term applied to land which may be read + _kirubu_ is perhaps to be taken as "arable land" (_M. A. P., p. + 122_). But the occurrences are not sufficient to fix the meaning + clearly. It was bounded by a house and the street. + + 636 A. D. D., Nos. 350-58. + + M595 Sales of gardens + M596 These sales less frequent in Assyrian times + + 637 A. D. D., No. 362. + + 638 Z. A., vi., pp. 291 ff. + + M597 Sales of fields: in First Dynasty of Babylon + + 639 B1 43. + + 640 B2 330. + + 641 B1 194. + + M598 In Assyrian times + + 642 A. D. D., Nos. 359-413. + + M599 Great estates + M600 Plans of estates + + 643 This plan is published in _Decouvertes en Chaldee_, plate 15 ff. + + 644 Published best in _Rev. Ass._, iv., p. 13 f. + + 645 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. [_Z. A._, iv., 361 ff.] + This is rather geographical than cadastral, and, perhaps, mythical, + since it refers to the king Shamash-napishtim-usur, who may be the + Shamash-napishtim of the flood story. + + A number of other plans are given, or referred to, by Father Scheil + in _Rec. des Trav._, xvii., 1 and 2, pp. 33 ff. A good many more + appear in _Une Saison de fouilles a Sippar_. There are many others + in the great museums and in private hands. For conclusions regarding + linear and square measures, cf. Appendix III. + + M601 Records of loans of an early period + M602 Their value for chronology + + 646 E. B. H., pp. 254 ff., etc. + + M603 Second Epoch. Repayments in kind or its stated equivalent + M604 Promissory notes + M605 Temporary loans at harvest-time + + 647 B3 2524. + + 648 M. A. P., 15. + + 649 B2 2519. + + 650 M. A. P., 19. + + M606 Loans for the payment of taxes + + 651 B1 218. + +_ 652 Kanik musaddinim utbalunimma kaniksu illiku_, B2 754. + + M607 The temple as places of temporary loans + + 653 M. A. P., 8, 9. + + M608 Current coin + + 654 B1 218. + + M609 Loans of corn + + 655 B2 771. + + 656 B1 642. + + 657 B1 655. + + 658 M. A. P., 24. + + 659 B2 1182, S. 76. + + M610 Other loans of produce + + 660 B2 869. + + M611 Record of a loan + M612 Loans or allowances in series + + 661 B2 687. + + M613 Formal advances of working materials + + 662 B2 684. + + 663 B2 701. + + M614 Assyrian loans _ana puhi_ + M615 Usual rate of interest + M616 For the use of corn + M617 The coinage + + 664 A. D. D., No. 1. + + M618 Loans on property often mere advances of material + + 665 A. D. D., No. 115. + + M619 Property on approval + + 666 A. D. D., No. 117. + + 667 A. D. D., Nos. 118, 119. + + M620 A loan of wine + + 668 A. D. D., No. 124. + + 669 A. D. D., No. 127. + + M621 Of oil + M622 Of corn + + 670 A. D. D., No. 128. + + M623 The peculiar shape of the tablets recording loans of corn + M624 These loans made by the king + M625 Often made just before harvest + M626 Sometimes at seed-time + + 671 P. 256. + + M627 Receipts for payment of a loan of money + + 672 A. D. D., No. 155. + + 673 A. D. D., No. 134. + + M628 Of a loan of corn + + 674 A. D. D., No. 135. + + M629 Of a fine + + 675 A. D. D., No. 162. + + M630 Explicitness of the Code regarding legal responsibility + + 676 § 7. + + 677 § 123. + + 678 § 125. + + 679 § 121. + + M631 The bond destroyed on payment + + 680 M. A. P., p. 27. + + M632 Examples of deposit rare + + 681 B2 1058. + + 682 M. A. P., p. 28. + + M633 Receipts + + 683 S. 62, 69, 73, etc. + + M634 No examples in later literature + M635 Pledges given as security in early times + + 684 M. A. P., p. 9, and notes 1 and 2. + + M636 Similarity of this custom to distraint + + 685 §§ 114, 115. + + M637 The practice in later periods + M638 Very frequent in Assyria + + 686 A. D. D., No. 58. + + M639 A loan secured by land and seven slaves + + 687 A. D. D., No. 66. + + M640 A loan secured by a vineyard and slaves + + 688 A. D. D., Nos. 73, 74. + + M641 A loan secured by a field + + 689 A. D. D., No. 76. + + M642 By the service of a maid + M643 By the borrower's service + + 690 A. D. D., No. 152. + + M644 In later Babylonian times by the free use of a house + + 691 Nbd. 655. + + 692 Ev. Mer. 24. + + M645 Relations between profits and interest + + 693 B. V., p. 282 f. + + M646 Second mortgages barred + M647 The creditor's responsibility + + 694 Nbk. 408. + + 695 Dar. 294. + + M648 Pledges often anticipated and readily transferable + + 696 Dar. 144, 235. + + 697 Nbn. 655. + + 698 Nbn. 765, 772, 832. + + M649 Mortgages + M650 The creditor in free use, within his needs, of pledged property + M651 Possible complications + M652 Method of securing the holder of a second mortgage + + 699 Nbk. 132, 142, 172. + + 700 Such is an actual case traced through its phases by Kohler and + Peiser.--A. B. R. + + M653 The occasion for guarantees + M654 Guarantees for debt + + 701 Dar. 319. + + 702 Dar. 310. + + 703 A. B. R., ii., p. 73. + + M655 For appearance + + 704 A. B. R., p. 6. + + 705 Cyr. 147. + + 706 Nbk. 342. + + 707 Nbk. 86. + + 708 Nbk. 83. + + M656 For a witness's appearance + + 709 Nbk. 366. + + 710 Cyr. 119. + + M657 Joint responsibility + + 711 Nbd. 133. + + M658 Against theft + + 712 Dar. 93. + + M659 Of full value of property sold + M660 Against suits at law + M661 Of the value of securities + + 713 Dar. 431, 434, Nerig. 39. + + M662 Free labor in demand + M663 Slaves or dependents secured from owners + + 714 B1 327. + + 715 B2 2425. + + 716 M. A. P., 57. + + M664 Wages subject to adjustment + + 717 A. P., 10. + + M665 Often paid in produce + + 718 S. 61. + + M666 The labor duly guaranteed + + 719 B2 2455. + + M667 Duration of service fixed + M668 Living usually included + + 720 B2 938. + + 721 B2 1137. + + M669 Assyrian contracts name both wages and time-limit of work + + 722 Page 251. + + 723 Nbn. 210. + + 724 Dar. 215. + + M670 Form of house-rental + + 725 IV., p. 85 f. + + M671 The rental variable + M672 The usual conditions of tenancy + + 726 § Y. + + M673 Fields rented for a limited term + M674 Usual conditions of tenancy + M675 Land often taken on shares + M676 Stipulations regarding improvements + + 727 B2 361. + + M677 Varying rentals + + 728 B2 797. + + M678 Allowances for maintenance sometimes a part of the agreement + M679 Life leases rare + M680 One such tablet known, but difficult to localize + M681 The names of the witnesses seem to be North Semitic + M682 The fitting-out of traders by capitalists a very early practice + M683 The agent repaid the value of the outfit with interest + M684 Legal memoranda essential as security + + 729 §§ 100-107. + + M685 This business done mainly by caravans + + 730 B1 549. + + M686 Speculation not unknown + + 731 B1 110. + + M687 Caravan trade + M688 These dealings frequent in later times + M689 Importance of the canals for commerce + + 732 E. A. H., 27. + + M690 Navigation laws for shipping of great number and variety + + 733 § 8. + + 734 § 234. + + 735 §§ 235, 236. + + 736 K. L. H., _passim_. + + 737 S. 160. + + 738 S. 244. + + M691 In Assyrian tablets + + 739 A. D. D., No. 468. + + M692 Boat hire a regular stipulation in Babylonia + + 740 Nbd. 401. + + 741 Nbd. 1019. + + 742 Nbd. 180. + + 743 Cyr. 343. + + M693 The maintenance of roads + + 744 K. L. H., p. xxi. + + M694 A regular tariff for land-transportation + + 745 § 112. + + 746 § 271. + + 747 § 272. + + 748 B1 564. + + 749 S. 572. + + M695 Roads in Assyria of prime importance + + 750 K. B., vi., p. 106. + + M696 Partnership in business common from early times + M697 Origin of the word for partner + M698 The usual conditions + + 751 M. A. P., 78. + + 752 M. A. P., p. 13. + + M699 Always legally defined + M700 The Code silent + + 753 B2 358. + + M701 Explanation of the terminology + M702 Evidence of long-established commercial customs + M703 In Assyrian literature + M704 In later Babylonian times such evidence common + + 754 Nbn. 199. + + 755 Nbk. 88. + + M705 The many varied details + + 756 Nbn. 572. + + 757 Nbn. 653. + + 758 Nbn. 652. + + M706 A formal dissolution of partnership + + 759 Nbk. 116. + + M707 Reckonings + + 760 A. B. P., ii., 59. + + 761 Dar. 280. + + M708 A manufacturing partnership + + 762 Dar. 395, 396. + + M709 Power of attorney recognized and frequently used + + 763 § 7. + + 764 Page 243. + + 765 A. D. D., No. 94. + + 766 A. D. D., No. 152. + + 767 A. D. D., No. 307. + + 768 A. D. D., No. 151. + + 769 A. D. D., No. 166. + + M710 Protection of the rights of the principal + + 770 Nbn. 132, 133; A. B. P., p. 11. + + M711 Representative action + + 771 Ev. Mer., 13. + + M712 Power of attorney over funds + + 772 Dar. 386. + + 773 A. B. P., ii., 34. + + M713 Account-books + M714 Those of the first epoch mainly temple accounts + M715 Receipts for loans + M716 Accounts of repairs or expenses + M717 Records of measurements + M718 The conditions of service with flock and herds + + 774 §§ 261-67. + + 775 § 264. + + M719 Herdsmen's accounts + + 776 E. A. H., 14. For fuller details the reader should consult Radau's + _Early Babylonian History_. + + M720 Lists of second epoch unavailable + + 777 B2 447. + + 778 In C. T., vi., p. 24. + + 779 B2 448. + + M721 The Assyrian lists indicate new varieties of animals + + 780 A. D. D., No. 732. + + 781 They are published by Professor R. F. Harper in his _Assyrian and + Babylonian Letters_, _passim_. + + 782 H. A. B. L., p. 690. + + 783 A. D. D., No. 117. + + M722 Memoranda regarding wool + M723 The four kinds of wool + M724 Black wool very highly valued + + 784 E. A. H., 50. + + M725 Sheep-shearing + + 785 K. L. H., pp. xlvi. ff. + + M726 The weaving accounts + + 786 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. + + M727 Memoranda regarding skins of animals + M728 Leather + + 787 B2 406, 611. + + 788 A. D. D., No. 872. + + M729 Amounts allowed for the food of animals + + 789 E. A. H., 152. + + 790 Cyr. 250; Nbd. 841. + + M730 Acknowledgment of advances + + 791 E. A. H., 100. + + M731 Stewards' accounts + M732 The earliest mention of iron + + 792 B2 405. + + M733 External form of the letters + M734 Their envelope + M735 Their dates + M736 Another method of insuring privacy + M737 Style of the opening address + M738 Variations of the formula + M739 References to a former correspondence + M740 Elliptical phrases + M741 Inscribed seals on packages + + 793 Heuzey, _Revue d'Assyriologie_, iv., pp. 1 ff. + + M742 Letters of the First Dynasty of Babylon + + 794 Vol. II., 1897; Vol. IV., 1898; Vol. VI., 1898; Vol. VIII., 1899. + +_ 795 Briefe aus der Zeit des Babylonischen Koenigs Hammurabi_, Leipzig, + 1901. + + 796 Three volumes, 1898-1900, Luzac, London. + + 797 B. A. S., iv., p. 434-500. + + 798 B. A. S., ii., pp. 557-64, 573-79. + + 799 XVI., p. 189. + + 800 Pages 105, 106, 107, 116, 123, 124, 125, 133, 134, 135, 136, 137. + + M743 Of the subsequent period + + 801 Published III. R. 4. No. 5. + + M744 The Tell el Amarna letters + + 802 Heft I. of _Mittheilungen aus den Orientalischen Sammlungen der + Koenigliche Museen zu Berlin_, Speman, Berlin. + + 803 B. A. S., iv., pp. 101-54, 279-337, and 410-17. + + 804 Vol. V. of Schrader's _Keilinschriftliche Bibliothek_, Reuther and + Reichard, Berlin, 1896. + + 805 June 17, 1903. + + M745 Cappadocian letters + M746 Assyrian letters + M747 Published texts + + 806 IX., pp. 240-56; X., pp. 60-72, 155-77, 305-15. + + 807 B. A. S., i., pp. 185-248, 613-31; ii., 19-62. + +_ 808 University of Chicago Press_; Luzac, London. + + M748 Translations + + 809 Baltimore, 1898. + + 810 B. A. S., iv., pp. 501-45. + + 811 P. S. B. A., 1901, pp. 331-59. + + 812 A. J. S. L., x., pp. 196-201; xiii., pp. 209-12, xiv., pp. 1-16, + 171-82; xv., pp. 129-44. + + 813 Pfeiffer, Leipzig. + + 814 II., pp. 52, 58, 184 f., 302 f. + + M749 Late Babylonian letters + M750 Historical value of the letters + M751 General value + M752 Methods of classification + M753 Royal letters + M754 Great historical value of this collection + M755 The letters to Sin-iddinam + M756 Hammurabi as an administrator + M757 His care for the revenues of the temples + M758 The ordering of the calendar + M759 His supervision of justice + M760 His private property + M761 His building enterprises + M762 The return of the goddesses of Emutbal to their homes + + 815 K. L. H., No. 34. + + M763 The date of their capture + + 816 K. L. H., iii., p. 237. + + 817 K. L. H., No. 45. + + 818 K. L. H., No. 26. + + M764 The care of the canals + + 819 K. L. H., No. 71. + + 820 K. L. H., No. 5. + + 821 K. L. H., No. 4. + + M765 A case of bribery + + 822 K. L. H., No. 11. + + M766 A case of oppression redressed + + 823 K. L. H., No. 6. + + 824 § 34. + + 825 K. L. H., No. 76. + + M767 The depository for deeds + M768 Restitutions ordered + + 826 K. L. H., No. 12. + + 827 K. L. H., No. 24. + + 828 K. L. H., Nos. 13, 41. + + 829 K. L. H., No. 28. + + M769 About taxes + M770 Commerce under strict control by the State + M771 The collection of taxes + + 830 K. L. H., No. 33. + + 831 K. L. H., Nos. 16, 30. + + M772 Illegal impressment for public service + + 832 K. L. H., No. 3. + + 833 K. L. H., Nos. 18, 30, 73. + + 834 K. L. H., No. 38. + + M773 Few in number + M774 About change of air for a goddess + + 835 K. L. H., No. 81. + + M775 Temple dues + + 836 K. L. H., No. 49. + + M776 Fishing rights + + 837 K. L. H., No. 80. + + M777 Business details + + 838 K. L. H., Nos. 79, 104. + + 839 K. L. H., No. 105. + + M778 Letters of Abeshu' + M779 Of Ammi-ditana + + 840 K. L. H., No. 56. + + M780 Of Ammi-zaduga + + 841 K. L. H., No. 50. + + M781 Of Sin-iddinam + + 842 K. L. H., No. 47. + + 843 K. L. H., No. 48. + + M782 Periphrasis for "king" + +_ 844 Ana Amelim-sha-Marduk-ubalatushu._ + + 845 A. O. F., ii., 312. + + M783 Freeing of runaway slaves + + 846 V. A., Th. 793; B. A. S., ii., p. 563. + + M784 Many details uncertain + + 847 B. 290 ff. + + M785 A prisoner's plea to his master for deliverance + M786 A father reminded of a broken promise + + 848 B2 212. + + 849 B1 193. + + M787 Request from a tenant for the grant of a good cow + + 850 B2 2185. + + 851 A. O. F., ii., p. 90. + + M788 Authorization to compel a creditor to pay his debts + + 852 B2 315. + + M789 A warning connected with the filing of a suit + M790 A request for fish and other food + + 853 S. 273. + + M791 A love-letter + + 854 S. 274. + + M792 Assyrian copies of old Babylonian letters + + 855 III. R. 4, No. 5. + + 856 K. 2, 41. + + 857 K. L. H., i., p. xxiii., note 2. + + M793 The proof that the letters are Sennacherib's + + 858 P. S. B. A., 1895, p. 220 f. + + 859 A. J. S. L., xvi., pp. 160-67. + + 860 K. 181; H. 197. + + M794 A letter concerning events in Armenia + M795 Another letter regarding the movements of the Armenian king + + 861 H. 198. + + M796 These letters explained by a comparison with those of Ashur-risua + + 862 H. 492. + + 863 H. 380. + + 864 H. 144. + + 865 H. 145. + + 866 H. 146. + + 867 H. 147. + + 868 H. 148. + + 869 H. 381. + + 870 H. 101. + + 871 H. 488. + + 872 H. 490. + + 873 H. 409. + + 874 H. 444. + + 875 H. 424. + + 876 H. 548. + + 877 H. 619. + + 878 H. 646. + + 879 H. 196. + + M797 A letter about the chieftains of the Kumuhai + + 880 H. 199. + + 881 H. 731. + + 882 A. D. D., 1141. + + 883 H. 730. + + M798 The period well known + M799 The case of Nabu-bel-shumate + M800 Letters about him + + 884 H. 839. + + M801 A letter reporting the dethronement of the King of Elam + + 885 H. 832, 833, 835, 836, 837. + + 886 H. 88. + + 887 A. D. D., 9. + + M802 Bel-ibni's letters + + 888 H. 289. + + M803 Letter appointing him governor of the Sealands + M804 Letter of Ummanaldash offering to give up Nabu-bel-shumate + + 889 G. Smith, ii., pp. 51 ff. + + M805 Letter of Bel-ibni accusing Nabu-bel-shumate of imprisoning his + brother + + 890 H. 460. + + M806 Belshunu's identity + + 891 H. 282. + + M807 His letter about the fugitive Shuma + + 892 H. 283. + + 893 H. 284. + + M808 Many letters of this period + M809 Their character that of forecasts or omens + M810 Their great value + + 894 Pages 184, 185. + + 895 In P. S. B. A., etc. + + M811 A letter of the governor of Erech + + 896 H. 754. + + 897 Page 201. + + 898 H. 290. + + M812 The king's reply + M813 The persons mentioned + + 899 H. 280. + + M814 Bel-ibni's letter about Ummanigash + M815 Kudur's letters about the king's favorite + + 900 H. 277. + + M816 The king's reply + + 901 H. 399. + + 902 H. 412. + + 903 K. 4453. + + 904 H. 332. + + 905 H. 513. + + M817 Kudur's letters about the rebellion + + 906 H. 275. + + 907 H. 274. + + M818 His affectionate letter of thanks for the king's favors + M819 The downfall of Elamite power + + 908 G. Sm., p. 24. + + M820 A friendly letter from Esarhaddon to Urtaku + M821 This friendship at first maintained by Ashurbanipal + M822 The Elamites invade Babylonia + M823 The punishment + M824 Nabu-ushabshi's letters as governor of Southern Babylonia + + 909 H. 269. + + 910 H. 266. + + M825 Letters about presents sent to the sanctuary of Erech + + 911 H. 268. + + 912 H. 273. + + 913 H. 543. + + M826 Letters about omens and predictions + M827 About a fox's falling into a well + + 914 H. 142. + + M828 Regarding auspicious days for a journey + + 915 H. 77. + + 916 A. D. D., 1053. + + M829 Balasi's letters about astrology + M830 Ardi-Ea's letters of congratulation + + 917 H. 30. + + 918 H. 28. + + M831 Adadi-shum-usur's letters + + 919 H. 2. + + M832 A plea for his son to be appointed to the court + + 920 H. 1. + + M833 Miscellaneous letters + M834 Nabua's letters about the calendar + + 921 H. 825. + + 922 H. 816. + + M835 The queen-dowager's importance + + 923 A. D. D., 70. + + 924 Rec. Trav., xx., p. 200. + + M836 Letter of Na'id-Marduk to her + + 925 W. Sm., p. 7. + + 926 H. 324. + + M837 King's letter to her + M838 Aplia's cordial letter to her + + 927 H. 303. + + 928 A. D. D., No. 301. + + M839 Asharidu's letter of loyalty + + 929 H. 254. + + 930 H. 368. + + 931 H. 263. + + M840 Medical letters + M841 Medical records numerous + + 932 §§ 215-21. + + 933 Z. K. F. II. + + M842 Exorcism as well as healing the duty of a physician + M843 A letter reporting the progress of a disease + + 934 H. 392. + + 935 H. 108. + + 936 H. 109. + + 937 H. 110. + + 938 H. 111. + + 939 H. 391. + + 940 H. 341. + + M844 Letters regarding the appointment of officials + + 941 H. 577. + + 942 H. 43. + + M845 Women's letters + + 943 H. 220. + + M846 Private letters + + 944 H. 345. + + 945 H. 219. + + M847 Reports and lists + M848 Inquiries of the oracles + M849 Metrology + + 946 H. 566. + + M850 Diary of a journey + + 947 A. D. D., No. 1096. + + M851 Business letters + + 948 Nbd. 574. + + M852 Order for seed + + 949 Nbd. 1134. + + M853 Another for supplies + + 950 Nbk. 460. + + M854 Explanation of the filling of an order + + 951 Cyr. 207. + + 952 Cyr. 209. + + M855 Requisition for supplies for canal digging + + 953 Cyr. 376. + + M856 Request for some money + M857 Fragmentary notes + + 954 XIX., p. 104 f. + + 955 Peek-Pinches, No. 22. + + 956 Peek-Pinches, pp. 85 ff. + + + + + +***END OF THE PROJECT GUTENBERG EBOOK BABYLONIAN AND ASSYRIAN LAWS, CONTRACTS AND LETTERS*** + + + +CREDITS + + +May 3, 2009 + + Project Gutenberg TEI edition 1 + Produced by Adrian Mastronardi, David King, and the Online + Distributed Proofreading Team at <http://www.pgdp.net/>. 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