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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 appropriate-
ly called this the Chronicle of ike Kmga of Babylon. In
the meantime Professor A. H. Sayce had given a translation
of the first published list' In the fourth volume of the
BeUmge 2fwr eemUieclien SprachnDiseefneclioft^ Dr. E. Lindl
has given a full discussion of the first published list. He
farther adds a small list of the same character giving the
7ea^nameB in order for part of the reigns of !l^ammurabi
and Samsuiluna.^ Br. Idndl 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
fcr the part which they originally covered, and the known
dated documents do not serve to fully restore them. But

> p. S. B. A., 1884, pp. 19S-904.

•P. S. B. A., XXL, pp. 11-lT, January, 1899.

* Paiges 338-409. « Pages 343-43.



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26 SOURCES AND BIBUOGRAPHY

so far as they go, they most take the precedence of the
King list^ being ahnost contemporary documents.

o^vui^s 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 N^-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 dis-
cussed by Dr. IdndL^ The date on the tablet B. d4a refers
to the setting-up of a throne for Shamash by N^-AdadL
The date on B. 85 refers to the completion of a temple in
Eridu by Sin-idinnam, King of Larsa. It is scarcely con-
ceivable that these refer to other than the Niir-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 E^g of Shumer and Akkad.
Elam, however, under Kudumanhundi L, invaded the
south, defeated Sin-idinnam and set up Bim-Sin as King
of Larsa. It seems that Rim-Sin reigned thirty-seven
years, partly as vassal of i^jbimmurabi, from the seventeenth
year of Sin-mubalit until the thirty-first of i^ammurabL
Whether Sin-idinnam was then restored to his throne as
vassal of !l^mmurabi, 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.

Brmotiiiii 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, 8rd, 4th, 5th, 6th, 7th, 8th, 13th, 18th,

> B. A. S., IV., pp. 889 fL

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IDENTIFICATIONS OF EARLY KINGS «7

22iid, 2dTd, 26tli, 27th, 28th, and 30th years after the capture
of Isiiu Most of them are related to the kingdom ruled by
Bim-Sin, which clearly included Tell Sifr, Nippur, Eridu,
as well as Larsa.^ The first year of this era was probably
the seventeenth year of Sin-mubalit.

A king Immeru is mentioned,' usually alone, but once varioiui
with Sumu-14-ilu ;* where the form of the oath, " by Sham- ^^^^^i
ash and Immerum, by Marduk and Sumu-l^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, B^, B*, and V. A. Th.,
seem, on other grounds, to have come. That it was needful
to name Sumu-14-ilu also points to that king being overlord
of Sippara at the time.

The king Bu-marilu, named ^ in the oaths, associated with
Shamash, may well be a vassal king of Sippara, though
Professor Delitzsch' 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 Manarbalte-el, on the Rev. J. G. Ward's tab-
let, seems to belong to the Firsts or Second, Dynasty, per-
haps as a vassal king, but may have preceded them by
some short period.

The king Bungunu-ilu, mentioned by King,^ was asso-
ciated with Sumu-lA-ilu. Probably he was vassal king of
Sqppara before Immeru.

A number of extracts from the legal documents of the The third
thiid period have been given by Father V. Scheil in the He- ^ ^^"

iSee LindL B. A S., IV., pp. 384-85.

>Bi58«Si6. B* S18» 8439a, 9597, V. A. Hi. 80S.

»B«318.

«BS 380, 9378.

•B. A. S., IV., p. 363, foot-note.

«L.H., III., p. 990, note 16.



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«8 SOURCES AND BIBLIOGRAPHY

ceudlde Tranxmx} The fall text is rarely given and there
is consequently nothing for use here. They come from Nip-
pur 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 Babylo-
nian. 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. De-
scriptions and figures of some of them will be found in
the Ghiide.* The text of several was published by Dr. C.
W. Belser,* under the title Babylomeohe Kvdurrvrinschrif-
ten. Some of these are transliterated and translated in
Schrader's Keilschriftliche Bibliothek^ 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 vol-
ume of the MSnum^es de la DdigaMon en PeraCy beautifully
reproduced by photogravtu'e, admirably transliterated and
translated by Professor V. ScheiL Some fine examples are
also to be found in Owneiform Tetcta from Babyloni(m
TabletSj etc.^ in the British Mvseum.^

> Vol. XIX., pp. S6 ff., Nos. 70, 133, 147. 266, 572.

* Pages 85-89. »B. A. S., II., pp. 111-205.

*Ul.\ p. 154 f., 164 f. ; IV., p. 56 f.

^The so-called Cailhu de Miehcmx was published I. R. 70, and discussed by Op-
pert, Doo, Jur., pp. 87 ff., and Boissier, Bseherehsi iur quelquM oontrati bal^hmimu K.
B. , IV. , pp. 78 ff. A fine charter from the time of Merodach-bakdan I. was published
IV. R. 38, discussed by Oppert, Doo, Jur., pp. 129 ff., and K. B. IV., pp. 60 ff. An-
other of the same date was published, K. B. IV., pp. 164 ff.



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THE CAPPADOCIAN TABLETS «9

Of the time of Mardnk-shnm-iddiB, B.a 853-833, we liave
a black boundary-stone, published by Dr. F. E. Peiser, in
KeOsckrifiUc^ ActenrStuchey No. 1. It is dated in the
twenty-eighth year of the reign of Nab^-aplu-iddina, circa
B.a 858, and the eleventh year of Marduk-shum-iddina, circa
B.a 842. It rehearses the contents of two or more deeds
by which a certain Kidinu came into possession of property
in the city of IKlbat

The Cappadocian tablets are still somewhat of a prob- Thecappa-

* *• * docUn tiib-

lem. The first notice of them was given by Dr. T. G. ^^

Pinches.^ According to the dealer^s account one acquired
by the British Museum had come from Gappadocia. The
script was then quite unfamiliar and it was thought that
they were written in a language neither Semitic nor Akka-
dian. 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 Gk>l^nischeff 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 lit-
tle meaning. But he showed that many words were As-
syrian and read many names. Professor Delitzsch ' made a
most valuable study of them, and laid the foundation for
their thorough understanding. Professor P. Jensen * added
greatly to our knowledge of their reading and interpre-
tation* Dr. F. E. Peiser then^ 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 infiu-
ence was all-powerful. There are many names compounded
of Ashur. They are dated by eponyms as in Assyria. The

>P. S. B. A., November 1, 1881.

*Ahkamd. d. phiL hiU. CUum dmr K. Sachs. Qu. d. Wi$$. 1893, No. IV.

*z. A., UL, pp. es-«i.

«K.B., IV., pp. 30-^.



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80 SOURCES AND BIBLIOGRAPHY

discovery of many more of them at Boghaz Keoi, Kara
Eyuky and elsewhere published by Professor V. Scheil in the
Memoi/res de la Mission en Chppadooe pa/r Ernest Ghomtrey
and commented on by M. Boissier/ make it certain that
they are from this r^on.

If subject to Assyria, their date may be before the ear-
liest 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 ori^ 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 trans-
lated with any confidence. In general they are very simi-
lar 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.
TheBiamite The Elamitc contract-tablets were found at Susa and are
published by Professor V. Scheil in Tome IV. of the MS-
moires de la DSUgation en Perse}

In external form they closely resemble the Babylonian
documents of a similar nature. They are drawn up in prac-
tically the same way. But there is a blunt directness about
them which recalls the usages of the First Dynasty of Baby-
lon, rather than Assyria, or the Second Babylonian Empire.
Hence we have little to indicate date. Until we are better
acquainted with the Elamite script at various periods we
cannot hope to date them.

'P. S. B. A., XXII., p. 106 f. * Pages 169-94.

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ASSYRIAN DOCUMENTS 81

They liave 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
posfiible that some characters had a value in Elam not
known in Babylonia^ or ideographic values not yet recog-
niaed. But^ as a rule, the general sense is fairly clear.

The l^al documents of Assyria are in many respects a Thefcmrth
separate group. They are sometimes said to have come from "^^
the library of Ashurb&nipal, which Mr. H. Rassam claims
to have discovered at Eouyunjik 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 con-
tents 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 ex-
act— of the palace in NineveL The exceptions may be
aocoonted 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 con-
tents of such a collection as Enudtzon's Gebete an den San-
nengoUj found together with them; which consisted of
copies of the requests and inquiries made of the Sun-god
oracle r^arding the troubles and difficulties of the king and
royal family, domestic as well as public, in the reigns of
Esarhaddon and Ashurb4nipal. The letters too, found in
the same collection, are the letters received by the king
iran 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 perma-
nent inmates of the palace. We have, in fact, the contents



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82 SOURCES AND BIBLIOGRAPHY

of the muniment chests of the Sargonid kings of Assyria.
.That the royal library was ndized 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 mar-
riage 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 Nip-
pur ? There cannot be a shadow of doubt that such docu-
ments 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 Kou-
yunjik 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 docu-
ments, and kindred tablets are concerned, are the result of ex-
plorations conducted on the site of the ancient Nineveh, by
Layard and Bassam. They probably came from palace ar-
chives, and as a result possess a special character of their own.



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ARAMAIC DOCKETS 88

Aramaic dockets very early attracted the attention of Anmaio
AgByiiologistB. 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
npon the reading of cuneiform. So far as these went
tiiey were by no means inconsistent with the readings of
the cuneif oruL 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 Ara-
maic inscriptions have now been published by Dr. J. H.
Stevenson in his Assyrian and Babylonian Qmtracta with
Aramaic Referenoe NoteSj where references to the literature
will be found.

In connection with these Aramaic leeends a number of Theoonee.

^ tioiwof

the texts of Assyrian contracts were published in the ^^
OorpuB Inatn^tiormm 8emiUca/rwnij Pars Secvmda^ Tonrns
L A number more were published in Vol. III. of the
CwMiform Inscriptions of Western Asia^ by Sir H. C.
Rawlinson* A few others were published in various
joomals; and by Oppert in his epoch-making treatise on
the juristic literature, Docvments Jwridiques; by Peiser, in
YoL IV. of Schrader's KeiJmschHfiUche BibUoihsh; and
by Strassmaier in his AJphahetisches VerzeicJmis. The
whole of the texts of the Assyrian contracts from the
Eouyunjik Collections in the British Museum are now
published in Assyrian Deeds and Documents recordmg ike
TroMfer of Property ^ etc. (three volumes published).^ A
biblic^raphy will be found there, on page ix of the preface
toVoLL

The very remarkable style which most of these tablets TbeirM.
show is so unlike the contemporary documents in Baby-
lonia that we may expect that transactions between private

^Ddgbtoo, BeH & Co., Cambridge, England.

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84 SOURCES AND BIBUOGRAPHY

citizens in Assyria at this time were quite different A few
such documents eidst. Professor V. Scheil^ in the JSeceudl
de TrammD^ published the text of four which are quite
unlike any of the Kouyunjik examples.
Tbepimof In As^yricm Deeds and Documenia 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 develop-
ment 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 inter-
mediate link between the old and new Babylonian docu-
ments, though they belong chronologically to an interval
which precedes the latter immediately. The Assyrian
scribe used a formula that was closer to the Old Baby-
lonian 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 Baby-
lonian boundary-stones and charters. When, therefore, in
our chronologically arranged sketch of a given subject,
reference is made to Assyrian usage, neid; 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,
contonro. A fcw coutcmporary documents have reached us from
j^dai-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 joumala A
tentative list of them wiU be found in the Appendix.

^ Vol XX., pp. SO^ff.

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LATER BABYLONIAN TABLETS 86

They refer to transactions in the reigns of Shalmaneser
IV^ Sargon IL, Merodach-baladan IL, Sennacherib, Esar-
haddon, Shamash-shmn-ukin, Eimdalaniiy Ashur-etil-il4ni,
and Sin-fihar-ishkmL In style they belong to the next epoch.

The second Babylonian empire, commencing with Nabo- nfthepoch:
polassar and extending to the end of the independent exist- ^^^^^
ence of a Babylonian empire, is represented by thousands of
tablets in our museoms. A small part of these has been
published. Pater J. N. Strassmaier has given some one
tiiousand six hundred in his Bahylonische Texte. Br. Peiser
published many more in his KeUinschHftUche Acterirstucke
and BoAylfnmcke Vertrage. 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.

In the times of the Persian kings very many documents Peman
were drawn up very similar to these. The series is quite *^^»^
unbroken, down through Macedonian rule, the Arsacid
period, to as late as b.o. 82. The list wiU 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.

The classification of this material is no easy task. As in ciaMiflca.

don

the case of the Bibliography, so here, the first and appar-
ently the only attempt has been made by Dr. G. Bezold in
his invaluable Kwrzgefasster tTherhUch.

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 inoreased.



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86 SOURCES AND BIBLIOGRAPHY

The publications^ where accompanied by translations,
have generally given some classification* Dr. Peiser^ in the
fourth volume of Schrader's KeiUnacTvnftUche BibUotiieky
gives most suggestive indexes.^ Dr. Tallqvist, in his
Sprache der OorUraJkte NdbtmA'id^a gives a very valuable
classification.' Dr. Meissner classified his texts in Altbaby-
Ionised Prtvatrecht.

A number of monographs have been written collecting
the different texts from many sources bearing on one sub-
jecty thus acting as a kind of classification. A complete
work on the subject is still needed.
Mono. Of great importance are Dr. F. E. Peiser's JvH^fprvdefnibm

BahyhniooB quce mpersfwrUy Odihenj 1890 (Inaug. Diss.) ;
Dr. B. Meissner's De ServihUe b(ibylontc(Hi88yrtaca, Leip-
zig, 1882 (Inaug. Diss.) ; and Dr. V. Marx, Die SteOAing
der Frcmen m Bahyhnien (Nebiwluidnfiezzar to Dari/ua B.C.
604-48S) published in the Beitrage zmr A^Byridlogiey Vol.
IV., pp. 1-77. These should certainly be read by any se-
rious 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 Skkese der Bahylonischen Oeadlschaft} Professor
Sayce's Bahylomcms and AaByria/na in the Semitic Series^
1900, is an excellent account, though in some respects not
sufBiciently 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.

' Pages xi-xx. • Pages xi-xviiL

*Id the MUMunfftn d§r Vordmuiatisohen G^seUiehafi, 1896, No. 3.



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LAWS AND CONTRACTS



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THE EARLIEST BABYLONIAN LAWS
We are stiU completely in the dark as to tlie rise of law v$tanot

■*■ the oldest

in Babylonia. As far back as we can trace the history or its ^^^*^
written monmnents^ there is no time of which we can say^
^ As yet there was no law.^ Our chief object to-day is to dis-
cover 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 l^al decisions which recorded the ruling of some judicial
fonctionary 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.
But the question remained, Was it "right" or " law''? Di^hitber-

to Qncertftin

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 \y
freely applied. But there was no known ascription of /v
/^ my law to a definite legsJaterr^There was no word for / ^
^^u llaw,'' only the terms "(f adgg agpte,'' Kjigh^ and " l^rong^'
I it was significant that the parties to a suit always seemed
/ to have agreed on what was right between man and man,
I and then to have sworn by their gods to observe the
«righe



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40 THE EARLIEST BABYLONIAN LAWS

Bridence We definitely know of one neat code of laws, that of
J^e^ ^^ammurabi, 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 worL Hence we are warranted
in thinking that these extracts come from a Sumerian code



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