C. H. W. Johns

“ May she bring about the downfall of his country, the loss of his people, the efflux of his life like water, by the order of the Bêl, the king. May Ea, the grand prince, whose destiny takes premier rank, the messenger of the gods, who knows all, who has prolonged my life, distort his understanding and intellect, curse him with forgetfulness, dam up his rivers at their source. In his land may Ashnan (the deity of wheat) , the life of the people, not grow. May Shamash, great judge of heaven and earth, who governs the creatures of life, the lord of help, cut off his sovereignty ”

“ If that man has wisdom and is capable of directing his land, let him attend to the words which I have written upon my stele, let him apprehend the path, the rule, the law of the land which I judged, and the decision I decided for the land, and so let him guide forward the black-headed race; let him judge their judgment and decide their decision, let him cut off from his land the proud and violent, let him rejoice the flesh of his people. Ḥammurabi, the king of [pg 394] righteousness, to whom Shamash has granted rights, am I. My words are precious, my deeds have no rival. ”

“ 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. ”

“ 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. ”

“ To my father say, thus saith Elmeshu: Shamash and Marduk fill with well-being the days of my father perpetually. My father, be thou well, flourish; the God that preserves my father direct my father's source of grace. I have sent to greet my father. May my father's peace endure before Shamash and Marduk. From the time that Sin Amurrû named my father's name, and I answered for my fault, thou, my father, didst say, “When I shall go to Dûr-Ammi-zadûga, which is on the River Sharḳu, I will forward a sheep and five minas of silver, in a little while, to thee.” ”

“ 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 ”

“ I am thy servant. I will do thy will, my lord. As to the young cow, which thou, my lord, dost send, let her be on credit, and either to Baṣu, or wherever is convenient to my lord, do thou send. With Ili-iḳîsham, my brother, let the young cow come. And I, in order that my lord should quickly consent and send the young cow, will forthwith weigh out and send fifteen shekels of silver to thee, my lord. 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. ”

“ Absoluteness of the paternal power over the family 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. ”

“ 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. ”

“ Sale of slaves 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. ”

“ Restrictions on free gifts 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. ”

“ Theoretical ownership of the land by the local deity 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. ”

“ A letter rarely deals with only one subject. The only scientific classification seems to be that adopted by Professor Harper in his edition of the Nineveh letters, or Mr. King in his letters of Ḥammurabi. This is to place together all the letters written by one scribe. Here we have two difficulties. There may be more than one scribe of the same name. Thus it is practically certain that in Professor Harper's groups of letters apparently assigned to one man, more than one person is often really involved. Again, a very large number of letters no longer preserve the name of their scribe. ”

“ Ḥammurabi the (good) shepherd, the choice of Bêl, am I, the completer of plenty and abundance, the fulfiller of every purpose. For Nippur, and Dûrili (epithet of Nippur or part of it?) , I highly adorned Ê-KUR (the temple of Bêl there) . In powerful sovereignty I restored Eridu and cleansed Ê-ZU-AB (temple of Ea there) . By onslaughts on every side (the four quarters) I magnified the name of Babylon and rejoiced the heart of Marduk my lord. Every day I stood in Ê-SAG-GIL (the temple of Marduk at Babylon) . ”

“ 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. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ The slave a chattel 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. ”

“ 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 Verträge 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. ”

“ 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. ”

“ The best kings were those who set their face against magic and supported the more rational local or national worships. Sargon II., Esarhaddon, Nebuchadrezzar II., are examples of the latter, while Ashurbânipal is a great example of the magic-ridden kings. Ḥammurabi apparently strove to put down magic. The eternal struggle between the “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. ”

“ 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. ”

“ 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. ”

“ A king of knowledge, instructed by Shamash the judge, I strongly established Sippara, reclothed the rear of the shrine of Aya (the consort of Shamash) , and planned out Ê-BAB-BAR (temple of Shamash at Sippara) like a dwelling in heaven. In arms I avenged Larsa (held by the Elamite, Rim-Sin) , and restored Ê-BAB-BAR (temple of Shamash at Larsa) for Shamash my helper. As overlord I gave fresh life to Erech, furnishing abundance of water to its people, and completed the spire of Ê-AN-NA (temple of Nanâ at Erech) . I completed the glory of Anu and Ninni. ”

“ 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 patêsi, 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 patêsi, in virtue of his town's supremacy, became the king, who, as regent of the state and representative of the gods, owned all. ”

“ 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. ”