Babylonians and Assyrians, Life and Customs
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Plaintiff and defendant pleaded their own causes, which were drawn up in legal form by the clerks of the court. Witnesses were called and examined and oaths were taken in the names of the gods and of the King.
The King, it must be remembered, was in earlier times himself a god. In later days the oaths were usually dropped, and the evidence alone considered sufficient. Perhaps experience had taught the bench that perjury was not a preventable crime.
Each case was tried by a select number of judges, who were especially appointed to inquire into it, as we may gather from a document dated at Babylon the 6th day of Nisan in the seventeenth year of Nebuchadnezzar. “[These are] the judges,” it runs, “before whom Sapik-zeri, the son of Zirutu, [and] Baladhu, the son of Nasikatum, the servant of the secretary of the Marshlands, have appeared in their suit regarding a house. The house and deed had been duly sealed by Zirutu, the father of Sapik-zeri, and given to Baladhu. Baladhu, however, had come to terms with Sapik-zeri and handed the house over to him and had taken the deed (from the record-office) and had given it to Sapik-zeri. Nebo-edher-napisti, the prefect of the Marshlands; Nebo-suzzizanni, the sub-prefect of the Marshlands; Merodach-erba, the mayor of Erech; Imbi-ilu, the priest of Ur, Bel-yuballidh, the son of Merodach-sum-ibni, the prefect of the western bank; Abtâ, the son of Suzubu, the son of Babutu; Musezib-Bel, the son of Nadin-akhi, the son of the adopted one; Baniya, the son of Abtâ, the priest of the temple of Sadu-rabu; and Sa-mas-ibni, the priest of Sadu-rabu.” The list of judges shows that the civil governors could act as judges and that the priests were also eligible for the post. Neither the one class nor the other, however, is usually named, and we must conclude, therefore, that, though the governor of a province or the mayor of a town had a right to sit on the judicial bench, he did not often avail himself of it.
The charge was drawn up in the technical form and attested by witnesses before it was presented to the court. We have an example of this dated at Sippara, the 28th day of Adar in the eighth year of Cyrus as King of Babylon: “Nebo-akhi-bullidh, the son of Su—, the governor of Sakhrin, on the 28th of Adar, the eighth year of Cyrus, king of Babylon and of the world, has brought the following charge against Bel-yuballidh, the priest of Sippara: I have taken Nanâ-iddin, son of Bau-eres, into my house because I am your father's brother and the governor of the city. Why, then, have you lifted up your hand against me? Rimmon-sar-uzur, the son of Nebo-yusezib; Nargiya and Erba, his brothers; Kutkah-ilu, the son of Bau-eres; Bel-yuballidh, the son of Barachiel; Bel-akhi-uzur, the son of Rimmon-yusallim; and Iqisa-abbu, the son of Samas-sar-uzur, have committed a crime by breaking through my door, entering into my house, and leaving it again after carrying away a maneh of silver.” Then come the names of five witnesses and the clerk.
A suit might be compromised by the litigants before it came into court. In the reign of Nebuchadnezzar a certain Imliya brought witnesses to the door of the house of an official called Bel-iddin, and accused Arrali, the superintendent of the works, of having stolen an overcoat and a loin-cloth belonging to himself. But it was agreed that there would be no need on the part of the plaintiff to summon witnesses; the stolen goods were returned without recourse to the law.
The care taken not to convict without sufficient evidence, and the thoroughness with which each case was investigated, is one of the most striking features in the records of the Babylonian lawsuits which have come down to us. Mention has already been made of the case of the runaway slave Barachiel, who pretended to be a free citizen and the adopted son of a Babylonian gentleman. Every effort seems to have been made to get at the truth, and some of the higher officials were associated with the judges before whom the matter was brought. Eventually cross-examination compelled Barachiel to confess the actual facts. It is noticeable that no torture was used to compel confession, even though the defendant was not a free citizen. No allusion, in fact, is ever made to torture, whether by the bastinado or otherwise; the evidence of witnesses and the results of cross-examination are alone depended upon for arriving at the truth. In this respect the legal procedure of Babylonia offers an honorable contrast to that of ancient Greece or Rome, or even of Europe down to the middle of the last century.
Two cases which were pleaded before the courts in the reign of Nabonidos illustrate the carefulness with which the evidence was examined. One of them was a case of false witness. Beli-litu, the daughter of Bel-yusezib, the wine merchant (?), “gave the following testimony before the judges of Nabonidos, king of Babylon: In the month Ab, the first year of Nergal-sharezer, king of Babylon, I sold my slave Bazuzu for thirty-five shekels of silver to Nebo-akhi-iddin, the son of Sula of the family of Egibi, but he now asserts that I owed him a debt and so has not paid me the money. The judges heard the charge, and caused Nebo-akhi-iddin to be summoned and to appear before them. Nebo-akhi-iddin produced the contract which he had made with Beli-litu; he proved that she had received the money, and convinced the judges. And Ziriya, Nebo-suma-lisir, and Edillu gave further testimony before the judges that Beli-litu, their mother, had received the silver.” The judges deliberated and condemned Beli-litu to a fine of 55 shekels, the highest fine that could be inflicted on her, and then gave it to Nebo-akhi-iddin. It is possible that the prejudice which has always existed against the money-lender may have encouraged Beli-litu to commit her act of dishonesty and perjury. That the judges should have handed over the fine to the defendant, instead of paying it to the court or putting it into their own pockets, is somewhat remarkable in the history of law.
The second case is that of some Syrians who had settled in Babylonia and there been naturalized. The official abstract of it is as follows: “Bunanitum, the daughter of the Kharisian, brought the following complaint before the judges of Nabonidos, king of Babylon: Ben-Hadad-nathan, the son of Nikbaduh, married me and received three and one-half manehs of silver as my dowry, and I bore him a daughter. I and Ben-Hadad-nathan, my husband, traded with the money of my dowry, and we bought together a house standing on eight roods of ground, in the district on the west side of the Euphrates in the suburb of Borsippa, for nine and one-third manehs of silver, as well as an additional two and one-half manehs, which we received on loan without interest from Iddin-Merodach, the son of Iqisa-ablu, the son of Nur-Sin, and we invested it all in this house. In the fourth year of Nabonidos, king of Babylon, I claimed my dowry from my husband Ben-Hadad-nathan, and he of his own free will gave me, under deed and seal, the house in Borsippa and the eight roods on which it stood, and assigned it to me for ever, stating in the deed he gave me that the two and one-half manehs which Ben-Hadad-nathan and Bunanitum had received from Iddin-Merodach and laid out in buying this house had been their joint property. This deed he sealed and called down in it the curse of the great gods (upon whoever should violate it). In the fifth year of Nabonidos, king of Babylon, I and my husband, Ben-Hadad-nathan, adopted Ben-Hadad-amara as our son and subscribed to the deed of adoption, and at the same time we assigned two manehs ten shekels of silver and the furniture of the house as a dowry for my daughter Nubtâ. My husband died, and now Aqabi-ilu (Jacob-el), the son of my father-in-law, has raised a claim to the house and property which was willed and assigned to me, as well as (a claim) to Nebo-nur-ilani, whom we bought for money through the agency of Nebo-akhi-iddin.
“I have brought him before you; pass judgment. The judges heard their pleas; they read the deeds and contracts which Bunanitum produced in court, and disallowed the claim of Aqabi-ilu to the house in Borsippa, which had been assigned to Bunanitum in lieu of her dowry, as well as to Nebo-nur-ilani, whom she and her husband had bought, and to the rest of the property of Ben-Hadad-nathan; they confirmed Bunanitum and Ben-Hadad-amara in their titles. (It was further added that) Iddin-Merodach should receive in full the sum of two and one-half manehs which he had given toward the purchase of the house, and that then Bunanitum should take in full three and one-half manehs, the amount of her dowry, and that part of the property (which had not been bequeathed to Nubtâ). Nebo-nur-ilani was to be given to Nubtâ in accordance with the will of her father. The following judges were present at the delivery of this judgment: Nergal-banunu the judge, the son of the architect; Nebo-akhi-iddin the judge, the son of Egibi; Nebo-sum-ukin the judge, the son of Irani; Bel-akhi-iddin the judge, the son of –; Nebo-balasu-iqbi the judge, the son of –; and the clerks Nadin and Nebo-sum-iskun. Babylon, the 29th day of Elul, the ninth year of Nabonidos, king of Babylon.”
The term used in reference to the loan made by Iddin-Merodach implies that the lender accepted a share in the property that was bought instead of demanding interest for his money. Hence it was that, when the estate came to be settled after the death of Ben-Hadad-nathan, it was necessary to pay him off. What the grounds were upon which Aqabi-ilu laid claim to the property we are not told, and the dossier in which it was set forth has not been found. His name, however, is interesting, as it proves that the old Western Semitic name of Jacob-el, of which the Biblical Jacob is a shortened form, still survived in a slightly changed shape among the Syrian settlers in Babylonia. Indeed, Iqubu, or Jacob itself, is found in a contract of the tenth year of Nabonidos as the name of a coppersmith at Babylon. Two thousand years before there had been other Semitic settlers in Babylonia from Western Asia who had also taken part in the legal transactions of the country, and among whom the name of Ya'qub-ilu was known. The name had even spread to the Assyrian colonists near Kaisarîyeh, in Cappadocia, who have left us inscriptions in uniform characters, and among them it appears as Iqib-ilu. Iqib-ilu and Aqabi-ilu are alike kindred forms of Ya'qub-ilu (or Yaqub-ilu), the Jacob-el of Canaan.
Death, more especially with “an iron sword,” was the punishment of the more serious offences; imprisonment and scourging of lighter ones. Imprisonment might be accompanied by chains or the stock, but the prisoner might also be left unfettered and be allowed to range freely through the court or cell of the prison. Whether the penalty of imprisonment with hard labor was ever inflicted is questionable; in a country where slavery existed and the corvée was in force there would have been but little need for it.
The prisoner could be released on bail, his surety being responsible for his appearance when it was required. Thus in the seventh year of Cyrus one of the officials of the temple of the Sun-god at Sippara was put into “iron fetters” by the chief priest of the god, but was afterward released, bail being given for him by another official of the temple. The latter undertook to do the work of the prisoner if he absconded. The bail was offered and accepted before “the priests and elders of the city,” and the registration of the fact was duly dated and attested by witnesses. At a later date a citizen of Nippur was allowed to become surety for the release of his nephew from prison on condition that the latter did not leave the city without permission. The prison is called bit-karê, or “House of Walls.”8
There was another bit-karê, which had a very different meaning and was used for a very different purpose. This was “the House of Cereals,” the storehouse or barn in which were stored such tithes of the temples as were paid in grain. The name is also sometimes applied to the sutumme, or royal storehouses, where the grain and dates collected by the tax-gatherers were deposited, and from which the army and the civil servants were provided with food. The superintendent of these storehouses was an important personage; he was the paymaster of the state officials, in so far as they received their salaries in kind, and the loyalty of the standing army could be trusted only so long as it could be fed. Similar storehouses existed in Egypt, from the age of the eighteenth dynasty downward, and it is probable that the adoption of them was due to Babylonian influence. They gave the King a powerful hold upon his subjects, by enabling him to supply them with grain in the years of scarcity, or to withhold it except upon such terms as he chose to make with them.
The exportation of the grain, moreover, was a yearly source of wealth and revenue which flowed into the royal exchequer. In Babylonia, as in Egypt, the controller of the granaries was master of the destinies of the people.
Chapter X. Letter-Writing
We are apt to look upon letter-writing as a modern invention, some of us, perhaps, as a modern plague. But as a matter of fact it is an invention almost as old as civilization itself. As soon as man began to invent characters by means of which he could communicate his thoughts to others, he began to use them for holding intercourse with his absent friends. They took the place of the oral message, which was neither so confidential nor so safe. Classical scholars have long been familiar with the fact that letter-writing was one of the accomplishments of an educated Greek and Roman. The letters of Cicero and Pliny are famous, and the letters of Plato and Aristotle have been studied by a select few. Even Homer, who seems to avoid all reference to the art of writing as if it were an unclean thing, tells us of “the baleful characters” written on folded tablets, and sent by Prœtos to the King of Lycia. Criticism, it is true, not so long ago doubted the facts of the story and tried to resolve the characters and the tablets into a child's drawings on the slate. But archæology has come to the rescue of Prœtos, and while we now know that letters passed freely backward and forward in the world in which he is supposed to have moved, Mr. Arthur Evans has discovered the very symbols which he is likely to have used. Even the Lycians, to whom the letter was sent, have been found, not only on the Egyptian monuments, but also in the tablets of Tel-el-Amarna.
Letter-writing in the East goes back to a remote antiquity. In the book of Chronicles it is stated that the messages that passed between Hiram and Solomon were in writing, but the age of Solomon was modern when compared with that to which some of the letters we now possess actually belong. Centuries earlier the words “message” and “letter” had become synonymous terms, and in Hebrew the word which had originally signified a “message” had come to mean a “book.” Not only is a message conceived of as always written, but even the idea of a book is taken from that of a letter. Nothing can show more plainly the important place occupied by literary correspondence in the ancient Oriental world or the antiquity to which the art of the letter-writer reaches back.
While in Egypt the letter was usually written upon papyrus, in Western Asia the ordinary writing material was clay. Babylonia had been the nurse and mother of its culture, and the writing material of Babylonia was clay. Originally pictorial hieroglyphics had been drawn upon the clay, but just as in Egypt the hieratic or running-hand of the scribe developed out of the primitive pictographs, so too in Babylonia the pictures degenerated into cuneiform characters which corresponded with the hieratic characters of the Egyptian script. What we call cuneiform is essentially a cursive hand.
As for books, so also for letters the clay tablet was employed. It may seem to us indeed a somewhat cumbrous mode of sending a letter; but it had the advantage of being solid and less likely to be injured or destroyed than other writing materials. The characters upon it could not be obliterated by a shower of rain, and there was no danger of its being torn. Moreover, it must be remembered that the tablet was usually of small size. The cuneiform system of writing allows a large number of words to be compressed into a small space, and the writing is generally so minute as to try the eyes of the modern decipherer.
Some of the letters which have been discovered during the last few years go back to the early days of the Babylonian monarchy. Many of them are dated in the reign of Khammurabi, or Amraphel, among them being several that were written by the King himself. That we should possess the autograph letters of a contemporary of Abraham is one of the romances of historical science, for it must be remembered that the letters are not copies, but the original documents themselves. What would not classical scholars give for the autograph originals of the letters of Cicero, or theologians for the actual manuscripts that were written by the Evangelists? And yet here we have the private correspondence of a prince who took part in the campaign against Sodom and Gomorrah!
One of the letters which has found a resting-place in the Museum of Constantinople refers to another of the actors in the campaign against the cities of the cunei-plain. This was the King of Elam, Chedor-laomer, whose name is written Kudur-Loghghamar in the form. The Elamites had invaded Babylonia and made it subject and tributary. Sin-idinnam, the King of Larsa, called Ellasar in the book of Genesis, had been compelled to fly from his ancestral kingdom in the south of Chaldea, and take refuge in Babylon at the court of Khammurabi. Eri-Aku, or Arioch, the son of an Elamite prince, was placed on the throne of Larsa, while Khammurabi also had to acknowledge himself a vassal of the Elamite King. But a time came when Khammurabi believed himself strong enough to shake off the Elamite yoke, and though the war at first seemed to go against him, he ultimately succeeded in making himself independent. Arioch and his Elamite allies were driven from Larsa, and Babylon became the capital of a united monarchy. It was after the overthrow of the Elamites that the letter was written in which mention is made of Chedor-laomer. Its discoverer, Père Scheil, gives the following translation of it: “To Sin-idinnam, Khammurabi says: I send you as a present (the images of) the goddesses of the land of Emutalum as a reward for your valor on the day of (the defeat of) Chedor-laomer. If (the enemy) annoy you, destroy their forces with the troops at your disposal, and let the images be restored in safety to their old habitations.”9
The letter was found at Senkereh, the ancient Larsa, where, doubtless, it had been treasured in the archive-chamber of the palace. Two other letters of Khammurabi, which are now at Constantinople, have also been translated by Dr. Scheil. One of them is as follows: “To Sin-idinnam, Khammurabi says: When you have seen this letter you will understand in regard to Amil-Samas and Nur-Nintu, the sons of Gis-dubba, that if they are in Larsa, or in the territory of Larsa, you will order them to be sent away, and that one of your servants, on whom you can depend, shall take them and bring them to Babylon.” The second letter relates to some officials about whom, it would seem, the King of Larsa had complained to his suzerain lord: “To Sin-idinnam, Khammurabi says: As to the officials who have resisted you in the accomplishment of their work, do not impose upon them any additional task, but oblige them to do what they ought to have performed, and then remove them from the influence of him who has brought them.”
Long before the age of Khammurabi a royal post had been established in Babylon for the conveyance of letters. Fragments of clay had been found at Tello, bearing the impressions of seals belonging to the officials of Sargon of Akkad and his successor, and addressed to the viceroy of Lagas, to King Naram-Sin and other personages. They were, in fact, the envelopes of letters and despatches which passed between Lagas and Agadê, or Akkad, the capital of the dynasty.
Sometimes, however, the clay fragment has the form of a ball, and must then have been attached by a string to the missive like the seals of mediæval deeds. In either case the seal of the functionary from whom the missive came was imprinted upon it as well as the address of the person for whom it was intended. Thousands of letters seem to have passed to and fro in this manner, making it clear that the postal service of Babylonia was already well organized in the time of Sargon and Naram-Sin. The Tel-el-Amarna letters show that in the fifteenth century before our era a similar postal service was established throughout the Eastern world, from the banks of the Euphrates to those of the Nile. To what an antiquity it reached back it is at present impossible to say.
At all events, when Khammurabi was King, letters were frequent and common among the educated classes of the population. Most of those which have been preserved are from private individuals to one another, and consequently, though they tell us nothing about the political events of the time, they illustrate the social life of the period and prove how like it was to our own. One of them, for instance, describes the writer's journey to Elam and Arrapakhitis, while another relates to a ferry-boat and the boat-house in which it was kept. The boat-house, we are told, had fallen into decay in the reign of Khammurabi, and was sadly in want of repair, while the chief duty of the writer, who seems to have been the captain of the boat, was to convey the merchants who brought various commodities to Babylon. If the merchant, the letter states, was furnished with a royal passport, “we carried him across” the river; if he had no passport, he was not allowed to go to Babylon. Among other purposes for which the vessel had been used was the conveyance of lead, and it was capable of taking as much as 10 talents of the metal. We further gather from the letter that it was the custom to employ Bedâwin as messengers.
Among the early Babylonian documents found at Sippara, and now in the Museum at Constantinople, which have been published by Dr. Scheil, are two private letters of the same age and similar character. The first is as follows: “To my father, thus says Zimri-eram: May the Sun-god and Merodach grant thee everlasting life! May your health be good! I write to ask you how you are; send me back news of your health. I am at present at Dur-Sin on the canal of Bit-Sikir. In the place where I am living there is nothing to be had for food. So I am sealing up and sending you three-quarters of a silver shekel. In return for the money, send some good fish and other provisions for me to eat.” The second letter was despatched from Babylon, and runs thus: “To the lady Kasbeya thus says Gimil-Merodach: May the Sun-god and Merodach for my sake grant thee everlasting life! I am writing to enquire after your health; please send me news of it. I am living at Babylon, but have not seen you, which troubles me greatly. Send me news of your coming to me, so that I may be happy. Come in the month of Marchesvan (October). May you live for ever for my sake!”
It is plain that the writer was in love with his correspondent, and had grown impatient to see her again. Both belonged to what we should call the professional classes, and nothing can better illustrate how like in the matter of correspondence the age of Abraham was to our own. The old Babylonian's letter might easily have been written to-day, apart from the references to Merodach and the Sun-god. It must be noticed, moreover, that the lady to whom the letter is addressed is expected to reply to it. It is taken for granted that the ladies of Babylon could read and write as well as the men. This, however, is only what might have been concluded from the other facts of Babylonian social life, and the footing of equality with the man upon which the woman was placed in all matters of business. The fact that she could hold and bequeath property, and trade with it independently, implies that she was expected to know how to read and write. Even among the Tel-el-Amarna we find one or two from a lady who seems to have taken an active part in the politics of the day. “To the king my lord,” she writes in one of them, “my gods, my Sun-god, thus says Nin, thy handmaid, the dust of thy feet. At the feet of the king my lord, my gods, my Sun-god, seven times seven I prostrate myself. Let the king my lord wrest his country from the hand of the Bedâwin, in order that they may not rob it. The city of Zaphon has been captured. This is for the information of the king my lord.”