Witnesses: Akhardisu, Zikkar-nipika, Mutumhisu, Khasba.
In the month of Ulul (August) the last day of the year of Asshur-sadu-sakil.
As before Yum-shamash, Putainpaïte, Atu, Nabu-iddin-akhe, presiding.
This document is one of the most curious that we have. First of all, it contains the name of an Egyptian woman, Nitocris (Nitit-eqar), then that of Takhu her son, who bears equally an Egyptian name.
The vendor is the daughter of Nabu-rikhtav-usur; his sons intervene in their quality of kinsmen for the sale of their slave, that is to say, the servant of their house. The money is not to be paid to Nitocris or direct descendants, but to third persons who are also designated; there are the three heirs of one named Karmeon, who would be the heir if he lived.
Here is another of the same kind:
Sale of a Slave
Seal of Khataï owner of the slave. Lu-akhi is the slave offered up. And Dannaï obtained him from Khataï for the price of twenty drachmas of silver. The price has been definitely fixed, the slave has been paid for and delivered; no annulment of the bargain can now take place. Whosoever in the future shall claim before me (the nullity of the agreement, shall pay the fine). Witnesses: Shamash, Khimar, Zabda, Kharaman, Mannuakhi, Zikkar, Shamash.
In the month of Ulul (August) the fifth day in the year of Nabu-bel-iddin. In the presence of Zikkar Shamash, the officer.
Contracts of this nature are numerous, and they raise a question on a point of the history of ancient slavery, which it would be interesting to have cleared up. What was the origin of these slaves who were at that time trafficked in, and who do not seem to have had to undergo the law of the vanquished, and who were so easily carried off after the seizure of a town? We have no information on this subject, and we must limit ourselves to register that which is given us in the above-mentioned texts.
The proprietor of the slave, Khataï, is a Syrian, whilst the slave, Lu-akhe, is an Assyrian sold to another Assyrian, Dannaï, for a sum of money equal to £3 [$15].
Sometimes the contract is not so simple. Complications may arise as to titles of the property or in its manner of transmission. It is also interesting to study the status of the contracting parties. One fact seems to be universal, it is that the stranger—Phœnician, Jew, or Egyptian—had the same civil rights of contracting, selling, or buying as Assyrian subjects.
Here is a contract of another kind. It concerns the sale of a house. Instead of their seal the parties affixed marks by pressing their thumb-nails into the clay.
Sale of a House
Nail of Sharludari, nail of Ahasshuru, nail of the woman Amat-Sula, wife of Belduru head of three legions, proprietors of the house to be sold. A house in course of construction with its beams, columns, materials, situate in the city of Nineveh, bounded by the house of Mannuki-akhe, bounded by the house of Ankia, bounded by the market-place. And Sil-asshur, the Egyptian officer, has acquired it by means of a mina of the king’s money, from Sharladuri, Ahasshuru, and the woman Amat-sula, wife of her husband. The price has been definitely fixed, the house paid for and bought, the annulment of the contract cannot be allowed.
No matter who, whoever he may be, in days to come, and no matter at what epoch, even among these persons, contests the right and contract of Sil-asshur shall pay ten minas of silver. Witnesses: Shushankhu, officer of the king, Kharmaza, head of three legions, Razu, captain of a vessel, Nabu-dur, officer, Kharmaza, captain of a vessel, Sin-shar-usur, Zidka.
The sixteenth day of the month Sivan (May) of the year of Zaza, prefect of the town of Arpad (1692 B.C.).
Before Shamash-ukin-akhe, Litturu, Nabu-shum-iddin.
This act is, above all, remarkable for the names of the contracting parties, from which we can now recognise that people of different nationalities were allowed to make contracts in Nineveh with the same rights as the Assyrians. Thus the names of the witnesses Shushankhu and Kharmaza are Egyptian, and their original form could easily be restituted. The name of the woman Amat-Sula is Phœnician and reveals the name of an unknown divinity; literally it means servant of Sula.f
THE CODE OF KHAMMURABI
We have purposely approached the subject of Mesopotamian law from the Assyrian side, because the Assyrian laws represent the later forms of elaboration of the old Babylonian codes on which they are based. In conclusion, however, we shall present in its entirety the oldest known, and at present the most famous, of these ancient codes, that of king Khammurabi, that the reader may judge for himself as to the character of the judicial and feudal system that was in vogue in Babylonia in the third millennium before our era. This extraordinary document will repay the closest study on the part of anyone who takes the slightest interest in the evolution of human society. Until a comparatively recent date the name of Khammurabi, the ruler who first united the states of the Euphrates valley under one rule, and thus founded the Babylonian empire, was scarcely known, whereas now we have a large mass of material dating from his reign—his inscriptions, his letters, and lastly, most important of all, his code of laws. It is difficult to obtain more than a vague idea of a country merely from its name, or from the lists of its kings and their military exploits, which is all that we possess of most Assyrian and Babylonian kings. The real life of the people wholly escapes us. This reason alone would make this code inexpressibly valuable, because, by giving the laws which controlled the social and commercial life of the people, even to minute details, it gives a picture of the actual condition of the country.
Aside from its bearing on Babylonian civilisation, however, this code is one of the most important monuments in the history of the human race. It is the oldest known legal code in existence, antedating the Mosaic code by at least a thousand years, and older than the laws of Manu. It formed the basis of Babylonian legislation until the fall of the empire, and was compiled by a king living about 2300 B.C., whose rule extended from the Tigris to the Mediterranean. Khammurabi is generally identified with Amraphel, the contemporary of Abraham; and it cannot be questioned that these laws formed a part of the traditions which the Hebrews brought with them to their new home.
The Discovery of the Code
The monument containing these laws was not found at Babylon, as might have been expected, but at Susa (Shushan) in the so-called Acropolis. The discovery is due to the French excavating expedition under M. de Morgan, and was made in December and January of 1901-1902. The monument is a block of black diorite nearly eight feet high. It has been photographed and published with transcription and translation by Father V. Scheil,g the Assyriologist of the expedition, in the Mémoires de la Délégation en Perse, tome IV, Textes Élamites Sémitiques. The whole inscription has since been translated by Dr. H. Wincklerh in Der Alte Orient, 4 Jahrgang, Heft 4, 1902, and the code alone by Rev. C. H. W. Johns,i The Oldest Code of Laws in the World, Edinburgh, 1903.
The obverse of the stone contains a representation in bas-relief of Khammurabi receiving the laws inscribed beneath, from Shamash, the sun-god and god of right, who is pictured seated on a throne. The king stands in a respectful attitude before him. The inscription several times mentions the fact that the laws were given by Shamash; so the very interesting theory in The Times, London, of April 14th, 1903, that the god in the picture is Bel has not much foundation. This theory would connect the code more closely with the Biblical narrative. To quote from The Times,j “The old Bel was the god who dwelt on the mountain of the world and gave laws to men and wore on his breast the tablets of destiny. So here we have a curious proof of the existence of the tradition of the mountain-given law long before the Mosaic reception on Sinai.”