A Contribution to the Study of the Moral Practices of Certain Social

A CONTRIBUTION TO THE STUDY OF THE MORAL PRACTICE S OF CE RTAIN SOCIAL GROUPS IN ANCIE NT ME SOPOTAMIA

B Y

BE ATRICE ALLARD BROOKS

A DISSERTATION PRESENTED TO THE FA.

‘ CULTY OF BRYN M AWR COLLEGE IN PARTIAL

' FULFILMENT OF THE REQUIREMENTS FOR THE D EGREE OF DOCTOR OF PHILOSOPHY

A CONTRIBUTION TO THE STUDY OF THE MORAL PRACTICE S OF CE RTAIN SOCIAL GROUPS IN ANCIE NT ME SOPOTAMIA

B Y

BE ATRICE ALLARD BROOKS

A DISSERTATION PRESENTED TO TH E FA CULTY OF BRYN MAWR COLLEGE IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY

E . D RU G LIN Z PRINT D BY W U , LEIP IG 1 92 1

ABBRE VIATIONS

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Le i zi 1 8 0 . 4 vols . , p g 9

W As r ee s and oc me s . s ADD Johns , C H . ., sy ian D d D u nt , 3 vol ., m Ca bridge 1 901 .

Ameri ou rnal S em i L es can y of it c anguag , Chicago .

G . A. Arcﬁaeolo / an d Me B ib e e 1 1 6. Barton , , g l , Philad lphia 9

’

B eitrei e zu r r olo e e e F. e z u g Assy i gi , dit d by D lit sch and Pa l — u e z 1 8 0 1 8 . Ha pt, L ip ig 9 94

. e e U n nad A. B ab loni sc/i e B r e au s der Ze der H mm r i Bab Bri f g , , y ief it a u ap

s e e z 1 1 . Dyna ti , L ip ig 9 4

mm e H B ab lon zscb e B n salmen e z 1 88 Zi rn , ., y ﬁp , L ip ig 5 .

P u bli cati ons tb e B b o S e o e Penn of a yl nian cti n , Univ rsity of

u e u m e 1 1 1 sylvania M s , Philad lphia 9 f.

BE A H il re cht H . V. e d. Tbe B b lo E x e io o tb c U n i ( ) p , , , a y nian p dit n f

ver i o P e v e e e 1 8 t s ty f nnsyl ania , S ri s A Philad lphia 93 ill

’

Mimchen 1 1 1 . 1 91 1 ; 1 9 3 , 9 4

S B b o n Li r es 1 1 . Langdon , ., a yl nia tu gi , Paris 9 3

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W. e d C/zroni cl es o er E r B b o i King, L . , c nc ning a ly a yl n an Ki 2 1 0 ngs, vols ., London 9 7 .

. C ei orm ex m e the Mu C T . un f T ts fro Babylonian tabl ts in British — seum 1 8 6 1 1 . , London 9 9 4

Cun . . . e W C e orm P r el s to tb e Old e men Par to O T . Rog rs , R . un if a all T sta t,

New York 1 91 2 . ' ’

D e arzec D ecou vertes en Cb aldee 1 88 . S , E , Paris 4 f ' ’ D e CIe rc M. . Coll e o D e Clerc C o e Met/zoai u e et q , cti n g atal gu o ' — R so e 1 888 1 1 1 . ai nn , 3 vols , 9 ' '

Sche il W. cd. ele io en P er e P271. 1 15 1 02 . , , , D gat n s , Paris 9 u H E B b o i H or Ne w 1 00 Rada , ., arly a yl n an ist y, York 9 .

e . F . Tb e Co e I ammu rabi 1 0 . Harp r, R , d of { } Chicago 9 4

W Tb e Le er an d I ri on l ammu rabi ing, L. ., tt s s pti s of f , K — n c . 1 8 8 1 00 . 3 vols , London 9 9

A i o H il H il re cht . V. A ver r Vo m e S i e i n s r lo p. Ann . Vol . p , H , nni sa y lu ; tud s s y gy

an d Ar h eolo e z 1 0 . c a gy , L ip ig 9 9

A. H ve or ibr r Co l e io c C e orm G . L Barton, , a rf d a y l ct n f un if — b ets . e 1 0 1 1 Ta l , 3 vols , Philad lphia 9 5 9 4 .

H WE D elitzscli . As riscb es an dworterb nc/z e z 1 8 F s H 6 . , , y , L ip ig 9

e de e Thu re an - F I nt/en tai re des b e e de T(110 2 Inv nt . T llo Dangin, . , Ta l tt s , vols 1 1 0— Paris 9 1 91 1 .

ou rn al ( t/ze Ameri Or e So e New e . y y can i ntal ci ty, Hav n 1 * 4

w z w M . Tb e C vi i z i o o B b o i A s r Jastro , Civili ation Jastro , , i l at n f a yl n a and s y ia,

Philade lphia 1 9 1 5 .

ou rn al o B i b i Liter re Ne w e . JE L y f l cal atu , Hav n W i C C . H . B b o A s ri L w on Johns Bab . Ass . Johns , . , a yl n an and s y an a s,

r t Le er N e w 1 0 . t ac s, and tt s, York 9 4

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2 . Gi e lBen 1 0 . vols , 9 5

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Zimm ern H . D i e K ei linscb r ten A e Te me , , i/ und das lt sta nt, — u e e 1 02 1 0 . 3 . A flag , B rlin 9 9 3

e E . . Keili nsclzm tliclze B ibliotb eb 6 . Schrad r, , cd , f , vols , — B e rlin 1 889 1 900 .

n L . W. H i or B b l o i New 1 1 . King . Hist . Bab . Ki g, , st y qf a y n a, York 9 5 ’ W. His or o S u mer Ab b aa . Sume r L . N ew 1 1 0 . King Hist King, , t y f and , York 9 ’ KU Ko hl er . an d e e F . H ammu rabi s Ge e z . , J P is r, , s t , 5 vols ,

e z 1 0 —1 1 1 L ip ig 9 4 9 .

A. H . I n ri i ons il e C ei orm Clzaracter Layard, , sc pt in t un f ,

n 8 Lon do 1 5 1 .

in dl Lin dl E . P r e er B e m e m der altbab b L , , Das i st und a t ntu y '

n iscb en Kon r k e e 1 1 . t a t , Pad rborn 9 3

Me ia er B . S e e e ass ri scb e I eo r mm e e z 1 1 0 . , , lt n y d g a , L ip ig 9 ‘ - MuB m t W . Co i se io r c tb e r A ol , , A nc Dict na y y Assy ian

L e B e rlin 1 0 . anguag , 9 5

MeilSn e r B . B e r e zu m Altbab lon iscb en P ri vatrecbt MAP , , it ag y ,

L e ip zig 1 893 .

G . A. [Mi el a eo s B b o I cri on Barton, , sc l n u a yl nian ns pti s,

N e w Have n 1 91 8 .

m L . K e r e . e . . e e i l scb ttexte s r li istorzscli en M ss K il hist M ss rsch idt, , if aus As u ,

I n lzal ts, 1 9 1 1 .

Me e r Sum . un d Se m . M e e r E . S u meri er S emi e i n B b o i e B erlin y , y , , und t n a yl n n ,

1 90 6 .

H il recht H V . Old B ab h n i an I s ri o p , . , y n c pti ns, Trans f o e e . actions Am rican Philosophical Soci ty , Vol XVIII, 1 896 .

OBW G . A. Ori eve o me o B b o i Barton , , gin and D lp nt f a yl n an

Wri i 2 . m e i 1 1 . t ng, vols , Balt or 9 3

Ori en tali sti scli e Li e e er r i tu n e z . t atu g, L ip ig

P ro ee i tb c S o i e B b l a Arc/z eolo . c d ngs of c ty of i lica gy, London

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Re isn er H mn n - e Re isne r G . S u m erisclz B ab lon i sclze I I mn en B e rlin 6 . y , , y y , 1 89 RT . A. s ri B b o i Re i o ex Craig, J , Asy an and a yl n an lig ns T ts,

2 . e z 1 8 . vols , L ip ig 95

’ Thu re au - Di e S u merisclzen Abb aai clte Dangin, F und s n K o n z scb ri ten e z 0 g / , L ip ig 1 9 7 . M Urk e des altbab lo niscb en Z vi u n d P roze recli ts Schorr Schorr, ., und n y i l ﬁ ,

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1 5 11 . Lan don S . mm z I sb tar 1 1 . Tarn . g , , Ta u and , Oxford 9 4 ' TD Thureau - i F Le re et o r c s ae N o u e de P remiere Dang n, tt s c nt a t p o la

i e B ab lon i en n e 1 1 0 . Dynast y , Paris 9

. . S d es il e I ifstor o Re i io resente d C . H . To b Toy Vol tu i in t y f lg ns, p to y y

his u Ne w 1 1 2 . p pils , York 9 ’ ' Vorderasi atisclze Ab ei aer Ifii n z l i cb en M ee zu B er i t lung g us n l n .

' Vorderasiatiscb e S cb ri tden bmaler der Kb n z l i cb en M ee eu B er f g us n lin ,

e z L ip ig .

Wie er Zeitscb r t ii r di e K e des M or e e W e . n i/ f und g nland s, i n

Y e Ori e S eri e B b lo i ex Ne w e . al ntal s, a y n an T ts, Hav n

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A CONTRIBUTION TO THE STUDY OF THE MORAL PRACTICE S OF CE RTAIN SOCIAL GROUPS IN ANCIE NT ME SOPOTAMIA

The Sumerian and Akkadian people s were little co n ce rn e d The S with speculative ethics . approach to the tudy of the

e no w e e moral ideals of a soci ty merely historical , our knowl dg

e e of which is based on scatt r d and all too insufﬁcient records ,

e e e must be a sociological one . Yet sociological d v lopm nt and moral evolution are not identical ; for a social structure may b e do w e e built up or torn n unwittingly. Whil the rul s evolved

e by any society are not nec ssarily ethical, it is essential to

- study varieties of customs, since non ethical customs are of value in so far as they affect the standard of conduct of the o r group individual . In the evolution of a people, inﬂuenced

co nce as it is by geography, economic conditions, religious p

e ﬁ el e tions , and oth r forces, it is dif cult to trace the moral ments . The purpose of this dissertation is to select from

Sumerian and Akkadian literature now accessible to us, such illustrations as seem to indicate most clearly the moral id e als

e the e co ce r e d th e and practic s of group . We are not her n n with

o f co ﬁ e e ideals the individual as such, but shall n n ourselv s rather to customs which reveal some of the principles which regulate conduct within certain social units, as the nation, the family, classes of women , slaves . A study of the laws and customs connected with such groups may serve as a basis for j udging

e ‘ the g neral moral status of ancient Mesopotamia .

When we consider the larger unit, the nation, or in early

e the - tim , city state, we ﬁnd that the principal activities were

e e war and commerce . Of th se the mor important for the study

’ I It is cu riou s that e ﬂorts to study the morality as s u ch hav e b e en so few . Mention sho uld b e mad e of the bri e f state me nts of Jastrow in II ebre w an d B aby

' i onian Tradi tion and Aspects if Relzgzou s B elief an d P racti ce i n B abyloni a an d

fi e m e Ass ri a . e are e e . . e e y W ind bt d to S A . B M rc r for having rst att pt d a

e m u e m e u e SOR Re o an d syst atic o tlin of oral practic s , p blish d in J and ligi us

[Moral I deas i n B abylon ia an d Assyri a . 8

we of morality , and that about which have the most data , is war.

o f Aside from accounts campaigns which ﬁll the royal annals, we are info rmed of military organization throu gh the letters e e and contracts . That th re xisted, particularly in Assyria, a state of socie ty which was continually organized to meet the exige ncies of war furnish e d by attack or by the ambition of

e . powerful monarchs, we have evid nce from contracts an letters ‘ 2 Such groups as the Kisru and sabe were subj e ct to military

e t z 3 no r servic e . Neith r with the de ails of the organi ation with 4 military tactics as such , are we here concerned, it is sufﬁcient to note that society was so organized that the demands of war me could be quickly t. a To the Babylonians and Assyrians , war was a natural hum n activity . If the country were attacked, it became the divine duty of the king, acting as the instrument of the gods, to protect it, and punish the invader by any means that seemed f e fective . If a king aspired to enlarge his empire, he could, provided he had a sufﬁcient following and military ability, march through the country, conquering town after town , making the ” vanquished peoples ,, submit to his yoke and bow down at his ” fee t . Perhap s it was b e cause of this conception of the com mo n l ace ne ss S p of war , that the umerians and Babylonians wrote little of their conquests ; they considered rather that the building of temples and palaces , the dedication of boundary stones and canals were of a more permanent interest than the d e tails of campaigns . It was left to the Assyrians to furnish descriptions of military strategy .

That the Sumerians were active in battle , is shown by the

- e date lists, the year often being named for the chi f event that i occurred in it . Frequently a numbe r of successive years re ce ve d their date from the same eve nt as: The second year after ” the subjection of Kismash 5 or The ﬁfth year after he con

2 2 H am . e . 1 ADD II S 79, 4 King L tt III No . . 2 — . 8 2 8 . Cf. p 5 “ ” 3 . e e e e e de r Ass re rko ni e und e e i ZA Cf Das st h nd H r y g s in Organisat on ,

H. 1 8 ff. XXIV 97 , 5 4 “ ' ’ ” . Ass ri scb e Irrie uli ru n von ﬂ lat- i leser I bi s a Samsi - aaad I II Cf y gf g g p nf , e Pan i i cr t us e 0 1 66 ff. Mari , Diss rtation 1 9 4. Also BA III

5 H LC . e Pt II Tabl t 3 3 . quered The military activity of the Sumerians and Babylonians is also indicated by the w arlike epithets which A they, as well as the ssyrians, apply to themselves , at the beginning of most of the royal annals .

In the early period, disputes over boundary stones furnished

so - téle one of the chief causes of war . The called , , S of the ” E annatu m E nte me na are Vultures of , and the Cone of records E nte me na Me silim of such conﬂicts . describes the difﬁculties , K K 2 ing of ish, had with Us , Patesi of Umma Me silim ,

- i - l u aI é zZr- e K K g é g ing of ish , ' Km d K - d - - o f K . a z 7za ta IO by the command adi, the

exalted, i KU gu n - h m at the beginning of his territory

- - - e Xi éa 724 726 7 21 there he erected a st le . " Us Us, ' pa - te - sz patesi

- - é i - 1 . zf u e 5 g é g of Umma,

' ' ' nam- emm - ma- dzr- dzr- szz according to evil intentions

- e ag acted .

° na - éz That stele ' mlp cm he took away

' ’ 20 e dzn S zr- l - u . a ﬁ r into the territory of Lagash mi d ” he went.

’ ' (d Nzn - gzr- su Ningirsu ' ar- sa d. E n - Zzl - la - e the g g hero of Enlil, ’ ie according to his ( . Ningirsu s)

righteous command, 2 5 g awk/511 514 with Umma a battle

ilim . he made (ie . Me s ) The desire of Mesopotamian monarchs for territorial e xp an e e ne sion, naturally led them to wage aggressiv warfar . The ce ssit s y of maintaining any army for defen e , supplied them the with ready material for nucleus of powerful forces, when

2 . See e H LC l m . e e . SAK p 3 7 (g) also dat lists in , SAK, I; a L tt rs , Vol 2 1 2 e tc III p . .

2 — e . . . 8 2 m . . I I I . the Con Col I f 7 , Trans . fro Déc Pt pl XLVII. In trans

i u e u e e t e e e m e . lat on of q otations, all pr vio s int rpr ta ions hav b n co par d 1 0 the king wished to invade a strongly equipped or distant coun o f try . The royal annals the great Assyrian kings, especially

shu rnazir al those of A p , Sargon II, Sennacherib, Esarhaddon and e Ashurbanipal tell of numerous campaigns into distant countri s, subduing obscure tribes not only fo r the sake of te rritorial expansion, but for the tribute such alliances would add to the national treasury, a revenue which would make it possible for the king to build temples , palaces and public works of all kinds

his to perpetuate memory. the Whatever cause of war, the Sumerians and Akkadians alike were almost unrelenting in their treatment of conquered

. e towns Even in the early period , the policy was to d stroy a all property, and c rry away anything of value that was por

On a ru ka ina 1 table . plaque of U g we ﬁnd the lines

zs- u - éi I O. g é Umma

e - ma- zzlg he took ’ ' ‘ kur- kur- rz su - e - ma - ta - za g g and devastated the lands .

U i a The ﬁeld g gg ,

r l gan - b ag the beloved ﬁe ld '

d - —- - 1 . N th zr z u ka ka 5 g of Ningirsu ,

’ ' ' d - - - N zn gzr z u ge Ningirsu

' gi f- ué- h of Umma ' gzy- ga - éz its glory

ml za - l am f blotted out .

2 e - Lik wise Sarru kin, in a bilingual inscription writes um umz/e é i The city of Uruk

e - ul é he smote, bad- bi its walls he destroyed ; ’ liz- zzrwé ﬁ - ga - d a with the people of Uruk { if (tukul) in battle

he fought .

’ The more vivid and picturesque language of Sargon I s chro nicle states his ability to accomplish complete de vastatio n z3

m m - - 3 1 . and Ka sal Za against Kasala

I — e ue . 1 1 0 1 m Oval Plaq Col IV . 9 Trans . fro Déc . Pt . III Pl . L . 2 I — . . 1 2 20 . m Po eb el BE I V I 1 Col I Trans fro (); p . 73 ; BE V pl . XX , e Akkadian T xt .

3 e Ob v — C . 1 E . 1 . hronicl IX . 3 34, C BK Vol II p . 3 3 I I

' ’ — 2 - zlé u e - ma da aé - fu nu 3 . zZZ ﬂu) p he went and grievously smote

’ ' " zm- éa - gu ka - mar- fu - nu zs them and accomplished their

- ku mt defeat . ‘ u m - m - an - fu - nu rabzta u 33 . a Their great army he over

fam - ki - tu threw ; '

l - ma!“ Ka - sal - l a and pz rz u Kasal la to dust and ruins he

' ‘ ka —ne u - azr- m r turned, (and) ' " — —’ ma - n - z a - z zssun u al lz s 34. a a é l he destroyed (leaving not

enough) for birds to rest on .

In the Assyri an annals, statements of general devastation

e became stereotyped . A military formula seems to have be n

‘ e : d veloped . Repeatedly we ﬁnd the expressions

' ' ' ' ' V al zi nz- i zz- §z¢ zna zfatz as - ru - up aé - éul d é - éu r

their cities with ﬁre I burned , I threw down, I dug up .

z Tigl ath- Pile se r IV write s z

’ ' ' m ------P u éu d a kzma sa pa rz as éu up Puku da net the as (with) a I threw down,

' ‘ ’ ' l - - - - dz zé l a fu nu a a u k fal - la - su - nu

s with their slaughter I slaughtered , their poil

‘ ma - d l - zu af- l a- Zm

great spoil I plundered .

Assyrian atrocities are mentioned in Biblical narratives ; II — K 2 . 1 1 ings 5 9 tells of the burning of houses , and vs 3 7 of the destroying and robbing of the temple of Solomon . Archae ological evidence of the victor setting ﬁre to a conquered city

so - z is furnished in the reliefs on the called ,,Bron e Gates of ” Shalmane ze r 4 Balawat of , and the walls of the Palace of Sar Kho rsa ad s gon II at b .

e Many texts, ev n the early ones, enumerate the variety of goods that were plundered . A very early instance of this is

inscri found in an account of the destruction of Lagash . The p

Ti l a h o Pil r t ese Prisim Col . I. 1 . g I, inscription I l . 94 till Col . II Trans . m fro I R . pl . 9 .

2 Ti l ath - Pil e se r . 1 1. 1 . . m 6 g IV K 3 75 3 Trans fro II R . 7 . — 3 . e e I V I 6 6 . 0 Cf also S nnach rib , Taylor Cyl . . 4 7 I R . 4 .

4 F. e z e e Die P al astto re Sal manassars D lit sch and Bill rb ck, II von Balawat

] . 1 8c 2 e . : ze G e w P B , in BA VI, H ft I King Bron at s of Bala at Pl . LVI .

5 E N me PI. 6 . , To I 1 tion mentions the slaughter which t o ok place in the various buildings of the city ; we ﬁnd the recurring line ' ' " ' azag- za - gz7z- éz ﬁzz- ta - kes silver and bright lapis lazuli the y plundered

In the Assyrian Annals, passages having reference to plunder are more frequent. There are seemingly innumerable occur re nce s e of such statements as , , ,their spoil, th ir property, their

” 2 . b e goods, I brought forth Many passages might quoted which give a more speciﬁc account of booty take n as : 3

3 5 21- 5 2 1 80

’ ’ '

- 1 — - t ruk kz 57 5 P 0 5 nzr ma aé sipam e z unguentari s of bron e, 5 jars of copper

' ’ ' ' ' ' ‘ zt zz zlé nz- §u - nu {l uré sz u kasp z

e tog ther with their gods, gold, and silver

' v

—l - - - da- mu k nam- é ur rz su nu af sa a

e the choice (articles) of their property, I remov d

' ’ sal - la - fu - nu da - i a- a - su - nu zz- l za - a

their spoil, their goods I carried away .

A su rnazirp al II write s z5 ' ' ' ' '

- — sal - la - su nu éusa - su - nu alpi sl t- nu

e e e th ir spoil , their goods, th ir ox n ,

' ' ' kzrm sz~7zz- §u - 7l a u ti - ra their sheep I brought away. 6 Shalmane zer IH tells of war weapons as booty ~

v ’

23 11 l - - —- 1 naré abé tz su mz bzt éal Za fu - mz e chariots, th ir stallions,

v ' zz- nu - m taéazzl su - nu e - kzm - fu - nu

- I o . their war implements, to k from them

Sennacherib write s : 7

' ' lzu rci sz é aspz

Gold, silver,

I H e u ze e e F 1 6 . u u e de e . f. . y, No v ll s o ill s T llo , p 47 Col I . , 7

2 Se e e m - m . I . e Ti l ath Pil ese r Prisi . . for xa pl g I Inscription , Col I 93 , 94, I R 9

- — 3 Ti l ath Pil e se r Prisim . 1. 2 . 1 0 . g I Inscription Col II 9 3 3 . I R

8 1 . 4 Br . 7 9

5 Ashu rnazir al l I Co . 2 . . m 2 1 . p II Annals II . 4 Trans fro I R .

6 Shal man e z e r I II Ob o lisk 1 6 . 0 e . . . m . , Fac 5 Trans fro Lay 9 — 7 e e . . 1 2 . . m . . S nnach rib , Taylor Cyl Col I . 7 3 3 Trans fro I R 3 7 1 3

‘ ' ’ ’ ‘ - - m ﬂ é as z ab7m (z- é ar- tu mi n/mm fu m - i u 2 8 . u mt l a éu p

utensils of gold (and) silver, precious stones of every kind ’ — ’ ' 2 éufu makkzim la ml éa ka - ézt tu bzltz 9 .

possessions, goods without number, heavy tribute,

’ ' ' ’ l zézéz zléé /l zfu

n the wome in the midst of his palace, ‘ ' " - - f 0 m tzrz m man - za az al m m nar nar 3 . p

guardians, eunuchs , male singers , female singers

' ' ' ’ 1 si - zr- Zz u m- ma - a - m ma - la éa - i a - u 3 . é

' 0 0 all, tr ps as many as there were , ' ' l 2 mu t- ta - éz- l z¢ - tu 3 ziéciZ/u - as u - sz za - am- su 3 . the guardians of his palace I brought forth — - l - 33. fal la tz zs el m nu

(and) as spoil I counted (them).

Again : 4 ' ' ' '

i - - f femirz as- p z éum sz sa rzttz fzz nu el m fl uf Rings of gold from their ﬁngers I took off While it is the Assyrian annals that are so full of evidence that plunder of this nature was customary, Babylonian records are not entirely silent . In an early chronicle we ﬁnd it recorded of H ammu rapi : S ’ ki - — Um u Larsa ki éa at- su zlé - fu u a Ur and Larsa his hand conquered

' ' ’ éu - fa - i a- nu a - na ” wt B éé zl z 1 d zl - é a - a

their possessions to Babylon he took .

Apparently the Assyrian conque ror took the crops of the r enemy for the use of his own army , destroying any ag icultural e Ti lath produc which could not be used or carried away. g 6 pile se r IV writes : “ '

m s” - - ’ - - - ai ki n i mu ruk La nz? fa di zzz duf ffa the groves of palms (P) which re st on his wall

” ﬁmma {u - i 2 u m f t W 2 . t e e . 1 1 66 OB I any hing what v r , cf. Br 9 and 5 3 3

’ 2 a m an zaz im e 2 . c 6 n . . 6 p S e Br . 6865 and MA 5 for tra slation cf p 6 f 3 3 . Cf MA 62 1 .

4 e e m . . . 1. . 2 S nnach rib , Taylor Cyl . Col VI 3 Trans fro I R 4

E . 5 . 1 I . 1 0 1 1 . C BK Vol II p 7 Obv . , 6 Ti l a h il e se r t . 1 . 2 . m . 6 . g p IV K 3 75 l 4, Trans fro II R 7 7 MA 1 '’ ' ’ ' ' ' - i ” w i ns - ma zsti zn ul e - zzé f gvrzmﬂzarz- §u

- e. I destroyed , and not one did I leav His date palms ' ' ' sa pi - rzk matz a - duk- ma h t e . which was growth of the country , I destroyed Among the sculptures of the Bronze Gates of Balawat there appears to be a representation of the victor cutting down the trees of the conquered territory . x Sometimes images of the “ enemies gods were taken away as plunder. H e e f , , shatt red his orces, his camp and his tutelary gods he took from him . The treatment of the person of the enemy was ruthless ; and here again it is the Assyrians who furnish us with the more graphic details . It was not sufficient merely to accept the ene ’ mies admission of defeat ; he must be tortured and made an e example to other peoples who wer likely to refuse to submit. Phrases expressing general slaughter present the picture of masses of corpses filling the battlefield . Various Assyrian kings write in vivid language : 3

' ‘ ‘ the bodies of their army - - l - na éu u l - zz u mmami zz fu nu

' Wi i i ’ ” despread ng l ke water I m - ap - sa - tz lei - ma me la- aZ- éu - uk poured out. ' - - - l Sal mat ku ra azl fu - me sz m With corpses of their warri

’ ' ’ m - a - i u Za- u - me - eZ- l z p ors the wide plain I ﬁlled .

' '

4 - - - - a éi zé - ta fu nu af- ku - z m dei ma- su - nu their defeat I accomplished (with) their blood ' v ' l ' éur- rz u mu f-pa - li sa fadzl z l a - me - kz zr

the ravines and passes of the mountains I sprinkled .

- — — l v 5 sval ma- at ku m dz fu mz the bodies of their strong men

1 PI . 1 2 . n ze e w . . BA VI B Ki g, Bron gat s of Bala at Pl XLVIII, XLIX

2 - 2 . e : e u un e zur Adad ni rari I Synchrono u s history I. 7 Winckl r Unt rs ch g n

e l e G e i e . . 1 8 . 1 6. . : e e altori nta isch n sch cht p 4 KB I p 9 Cf Layard Nin v h,

i a e e e . zu d S e ri e s pl . 30 for archa IOg c l vid nc — 3 m e . e . . e I. 2 1 2 . . Shalman ezer I Col . III 4 Trans fro M ss K il hist H ft I

2 2 . p .

- m n e the 4 Tukul ti nn . . 2 2 . : Ninib I A als Obv l 4, 5 Trans fro Ki g R cords of

e - R ign of Tukul ti Ninib I . — 5 Ti l ath il eser m . I. 80 . . m . g p I Octagonal Pris Col I 7 7 Trans fro I R 9 , — . . 1 2 2 . Cf also Col II 1. 4

' ' ’ - - - - da iazf- fi t - nu kznza 7za p a a sz faa u u [u

(with) their blood like red - dyed wool the mountain

' ' ‘ ar m - up sz- ta - zz- §u - m¢ gar- m

I indeed dyed . The re st of them the cave ' ' ’ i ' na - ad- éa - ku sa sa a z z aéul

and precipice of the mountain devoured .

- l l - mu n - da z z fu nu Shalmaneze r III writes : x 45 . é é s their ﬁghting men

’ ' ‘ ' ' ” £72 ké z - s m- zt kzma d Ad d elz- su - 7z 46. 2 é a u a é a u

s the with weapons I brought low, like Adad I cau ed

' ’ ' ’ ° ’

- l - - - - ri z zZ- m u fa - az mn zmz z rz rz é é ,

inundating rain to rain over them , into the valleys “ at- éu - ué - fu - nu 5 2 1- 72 4 1

I poured them . With bodies

’ ' ' ------z 47 . é u m ai fu nu szru rap 52 u maZl of their ﬁghting men the broad plain I ﬁlled

v ' ' dami - sa - nu kzma nez-pa - sz

- m with their blood like red dyed wool the ountain I dyed .

2 Sargon II in his eighth campaign writes :

' ‘ v ’ l - - 1 - - - - - 34. dz zé l a su ma at tu a d a ué ma falmat

the e his army to death I slew down, and bodi s ’ ' ' ’ l - - l - i - P éu m az fu kzma se éu él ?) af az ma fezper m i S of his warriors like grain () I pread out, and the ravines ’ ’ faazl e u - mal - Zz

of the mountains I ﬁlled .

° ’ ' 1 ------35 . J ami ﬁ l my {t ar 7 2 na ad éa kz nar es u far di mm the irb lo o d in the abyss and precipices like a river I caused to run . Warfare was a subject often treated by Assyrian sculptors as well as by scribes . And they were no less graphic in their presentation than were the writers of the royal annals . In

e connection with the passages quoted above, examples of thes sculptures may be noted . A frequent motif is that of a corpse i The inte n ly ng beneath a horse which is drawing a chariot. tion was apparently to give the idea of a battleﬁeld so full of

x b— m 1 1 . Shalman e ze r 11 1 1. . . 1 . . 1 Monolith Col . 45 47 Trans fro R 7 Cf

I. 8 . also II 77, 9 , 99

2 a m hurea - H uitiéme I. 1 . . T u Sargon II Col . II, 34, 5 Tr ns fro Dangin , m de e PI. I I . Ca pagn Sargon, V — 3 . . e e I. 80 8 . Cf also S nnach rib , Taylor Inscription Col . V 5 e ‘ D corpses that chariots must driv over them . Fragment of the Stele of the Vultures shows corpses lying beneath the phalanx ; fragments B and C furnish an excellent illustration of

2 the custom of heaping up corpses .

Ti lath ile se r o n 3 From the time of g p I , there are found fre quent passages which record methods of mutilating the bodies

Ash n z r . ur a i al e of the enemy, alive and dead p II, whos annals are in many ways the most vivid in the reporting of military tactics, writes

' aézi tz el m- mar the nobles as many as

' '

l - - l - 0 zé - éal - lez tu m a - ku su mafé z fu nu 9 . revolted I ﬂayed ; (with) their skins

' ' a - si - tu u - éuZ- l zp an- nu - tz i ncl ZZZ- h

I covered a pillar . Some in the midst

' ' ' ‘ ‘ z (or a)- sz- ze u - ma- gzy a - nu - l i zna iii

of a mound I walled up , others above

' ' ' ’ ‘ - l s l l - - - z zz zmz i ” zz é z éz u za z n - tz 9 1 . i s ép a na t the pillar on a stake I lif ed up, others — ' v l ' ' l l ' éat tu éa t- tz scz a - sz tz zna zz é z éz around the mound on stakes ’ ' ’ ' u - m é - kas ma - azz- tz zna pi - rzé

I bound . Many at the entrance

w ai f-ya of my country

’ ’

l - - - - 2 a - é - su m fé z fu nu dﬁra m u al lz 9 . u a é p

I ﬂayed, with their skins I covered the walk. In recording other mutilation of the body we ﬁnd such a passage as : 5

v ' ' l ------t §u nu I . an nu te ka z su nu rzt z l . I 7 p p

of some their hands, their arms

1 hi5 e c e me ] . E N . 6 8 88 2 1 00 e tc. Cf. D l rcq, To II p 33 and pl 5 , 5 , 5 g , , 9 , 99, ,

2 - - me . H e u ze Thu re au e e de s u u . Frag nts B C , D , y Dangin, St l Va to rs

e . Planch II, and in Déc pl . 3 ,

1. 1. e tc . 3 i l ath il es r . 8 1 C0 . T e . Cf g p I Col I , l , VI 5 — 4 Ashu rnazi r al . I. 8 2 . s . m . 1 . . l p , Annals Col I 9 9 Tran fro I R 9 Cf a so

. 1. 1 08 u Rassam . . 1. . Col III and Ash rbanipal , Cyl Col II 3 , 4 — 5 Ashurnazir al . 1. 1 1 1 1 8 . . m 1 . . p , Annals Col I 7 Trans fro I R . 9 Cf also — S ennache rib Taylor Cyl . Col . V 85 VI 4 . ° ’ v

- - - l - u - éat (or éa) tze an mx- tz ap p z su nu

o ff e I cut of oth rs their noses ,

’ '

l - - - u zna - i a- nu rzttz fu nu u éat tzé i n

e o ff their ars their ﬁngers I cut , the eyes o f ’ ' ' ' — sabz madu tz zna - su nu 2 4 1 21 5 22

many soldiers I put out,

' ' ' ' ' ' ° ‘ 1 zftzni - zt - sz m 52 éa zitz - zt f I 8 . z lg a

o n e pillar of the living , one of ’‘ ’ ' ' — - éaﬁ maz ar szp zmz 21W gué m zmz heads I b u ilt on stake s plante d in

' v l - m - z l - é aé é di - f - i e t maédzz su nu , a u nu the neighborhood of their city I hung up their heads ' ' '

3 - zncz l zé- bz 2 27

in the midst . Among the reliefs found by Botta at Nineveh is one showing a picture of three men ; below is the representation of a b e sieged city . Each man is supplied with an axe, and is engaged

e o ff e in chopping a corps , the two arms already cut lying n ar

‘ the by . But chief satisfaction of the Assyrian conqueror

e s ems to have been in wholesale decapitation , in piling these

e h ads in pyramids, in causing them to be worn about the

e n cks of horses or of captives, or in putting them in con s icu o u Ashurna p s places to terrify yet unconquered peoples . zirp al write s :

' ' 2 ’ l 1 é zké a - - 7 . c cz z fu nu u a é zs zﬂa their heads I cut o ff on

’ ' m ‘ l 5 21 gué 3 sex taréasu t zléci/l z su z 4 7

vines of the courtyard of his palace I hung (them) .

' ' ' 2 0 é l 7 2 . sa z bal tzi tz zna ﬁat usaééz ta 2 0 e the live soldi rs with hand I captured, ' ’ ' zna azirz Maw- (i a) u - ma - gz- gz in the wall of his palace I walled (them)

’ Of a similar nature is the following e xtract from E sarhaddo n s 6 Cylinder A :

1 E N . 1 0 . : [Vi n a/ck z u d e e PI. . pl 4 cf also Layard , S ri s 47

2 Ashu rn azi r al n C01. 1. 1 2 . . m . 2 1 . p An als II 7 , 7 Trans fro I R

- 3 u u é . W 3 5 u - z 4 OB . or g 95 or l . 6 — E . . . I. 1 . m . . . sarhaddon Cyl A Col I 47 5 Trans . fro I R 45 Cf also u m Rassa . . . 0 . Ash rbanipal, Cyl col VII l 4 ' af- fu da - na - cm Asfu r deli -ya in order to show the p eople

’ ’ msz Kul - l um - ma

the power of Assur my l o rd ’ ’ - - ~ kaé é aaz m S a an - da- (u ) ar rz the heads of S andfiarri ’ ' ' u m Aé- ai - mi - zl - é u - u t- tz and Ab dimulkfiti ' — ’ ’ l - - zmz t i sa - az m . Vaéfitz fu - un a l ul ma

upon the necks o f their great men I hung . And in the Rassam cylinder of Ashurbanipal we ﬁnd

' ° V ’ pz- z- §u - nu as- l a- ué

their tongues, I cut out ' ' ’ ' ' i - - - 3 4 70 . g ft ti nix? éaZju sz m zna seaz lamassz the rest of the people alive among bull colossi and bull gods

' ' ' ' '

l - - 1 i S ziz- a z zréa (1 622 ab? hi m zﬂ l zééz {g nu nu 7 . d é ya a y

which Sennacherib my grandfather in the midst threw down .

’ ' ' '

- - l - - mn na a - na k zn é z zs i - su 7 2 . e u a p again I threw those people

' ' ’ 722 - - - l - - 7 3 . 155 fa a tu nu zmz zébz as p u z m in the midst of the pit ; “ ' ' szrz- §u - nu nzz- u b é u - fu - u - tz 74.

o ff their ﬂesh (which was) cut ,

' ' ’ ’ u - sa- kzl kaléz zz l l (15 5 111 3 7 5 . faé zz z éi ) e I caused to be eat n by dogs , swine, vultures, ’ ’ ' ’ ' l n r l - 76 . as z zffurz famz e m2m ap sz a

e o f agles , birds heaven , (and) ﬁsh of the deep . Assyrian art abounds in illustrations of this decapitatin g custom . Among the sculptures of the palace of Sennacherib there are representations of soldiers carrying heads in their 6 5 o z hands, and of soldiers piling up heads . The Br n e Gates of Balawat ? offer an interesting variation ; here we ﬁnd a series

I — u Rassam . 1. 6 6 . a . . . Ash rbanipal , Cyl Col . IV 9 7 Tr ns from V R IV

’ 2 h lifé m . 8 l o r variant 3 Se e Br . 4 5 and MA 3 3 4 Se e . 86 Br 4 and MA 489 .

S e : ul u e . 1 . Pat rson Assyrian Sc pt r s, pl 9, 5 6 e : u u e . 1 1 8 2 e u e Pat rson Assyrian Sc lpt r s , pl 7 , , 43 , 5 , piling h ads nd r palm tre e . H 7 e e e z 1 e . . Bill rb ck and D lit sch BA VI () Pl . III low r row 4 Cf also King ze e Bron Gat s of B alawat pl . XLIV . e b the e e of heads on a pol , one placed a ove oth r. A reli f from the palace of Ashurbanipal which is of value as a picture o f

he o f e e n e e e . t private life royalty, has an lem nt of i ter st h r This relie fI shows th e king and queen fe asting togethe r in their

e . A e gard n , surrounded by attendants and musicians ttach d to

e e a palm tre hangs a human h ad , which Ashurbanipal appears

e to be regarding with satisfaction , whil the queen has her back

D e 2 turned toward the war trophy . In the e Clercq coll ction is an illustration of the custom of attachin g a tro phy head around the neck of a horse . Representations of headless bodies,

e e t 3 i in som tim s ﬂoa ing about in a river, somet mes lying the

e e 4 battleﬁeld b n ath the chariots , are frequent among the reliefs N found at ineveh . It is probable that the policy of burning the conquered

Shalman eze r existed, for although phrases such as I uses of ’ “ : 5 lea- am z a - a - a- rz the himself , who burns up enemy, are to

e e e be considered mer ly phras s of oriental color, th re are many

e e passag s which undoubtedly ref r to actual burning . Ashur 6 n azirp al II writes :

’ ' 3 l zmu fal - Za - fu - nu zncz of th e ir captive s with ' i 1 a nti aff af fei z [Z ta- ti 2312 232 ﬁre I burned : as hostage one

’ ’

l - 1 2322 Zzé - éz su nu ﬁzz/fa M 2 225

among them alive I did not leave .

' '

- — 7 éa tul z- §u 7zu (éa - tu - Za - tz- §z¢- nu) their youths (and maidens)

a - na maﬁ a- ti af rup .

as a holocaust I burned .

We ﬁnd many examples of the burial of the dead ; but it is

e e e not clear wheth r the conqu ror buried the dead of the en my,

or merely his own dead . The burial of the dead body was

I e m e . Grell mann e e und Handcock, M sopota ian Archa ology Pl XXI , T xt e 1 Bild r p . 3 9 . 2 e c e 8 D l rcq Vol . II Pl . XXX . — 3 E N PI. 6 . 4 E N . 6 6 6 . 4 Pl 5 7 , 7 5 Shalm 3.ne zer . 1 1 . e e e . 1 8 . I, Obv Col . I l . M ss . K il . hist. H ft I p 6 Ashurn azi al r n m . . 1 08. . . 1 p , An als Col I l . Trans fro I R 9 6 7 As hu rn azi al r . 11 1. 1 R . 2 1 . . Shalm an ezer 1 11 p Col 43 , Cf also Monolith

I 1. Col . 1 7 . considered very essential to future peace ; the body should not be exposed to light . The importance of this is illustrated by the h0 pe expressed in the curse customarily found at the end

the e of an inscription, the hope that the destroyer of tabl t

K H i stor o S amar and may be left unburied . ing in his y f " Akkad points out that the apparent references to burial in e the St le of the Vultures , need not necessarily refer to actual ’ E annatu m s burial, but may merely be method of saying that ” o f he killed many . Jastrow interprets the mutilation corpses as “ ” merely another phase of this curse upon the dead . The e e l aving of the body for beasts and birds of pr y to devour, became therefore the worst fate that one could inﬂict on his enemy .

E nte me na write s z3

’ ' né- nz erzm - 6o - an 60 strong men of his soldiery,

' ‘ 20 u id - - - . g Lu m mwszr l a t a on the side ofthe river Lu mm asirta ' ’ - - é é u kza he left .

nam v l u - éaZ- éa The bones of

' ' ‘ gzr-pad- da - éz that soldiery ’ ' ’ ’ ’ ’ ’ - - - - e azfz d a e d a kzd t za on the plain he left . ' —’ ‘ — - saéar aul zag éz4 Those (who were) heaped up in the dust

lei - y a in ﬁve places l l ’ m mz a zzé he buried .

But Thu re au - D angin s expresses the Opinion that in the in s cri tio ns E annatu m E nte me na p of and , the bodies referred to as buried are not those of the enemy ; while Radau here and in similar passages 6 interprets the text to mean that the dead of

‘ sa zar- d Z- za u nce r the enemy were buried . The meaning of i u g is tain ; but evidently the series of signs meant those who have ” ma fallen in the dust , and y therefore , in connection with the

I . 1 8 f. . 1 . P 3 , p 49 2 w : e e u e e . . 60 . Jastro Asp cts of R ligio s B li fs in Bab Ass . p 3 — E ntemen a . . 3 e . . 1 1 2 . m . . , Historic Con Col III 9 7 Trans fro Déc Pt III S l V . . . él e o ultu res . . . . ul u e r pl XLVII Cf f , Frag A Déc pl 3 v t r s car ying off he ads .

E BH . 4 Cf. p 99 note 30 .

— - 5 H enze Thureau S téle dc: Vau l ou rr . e . y Dangin , p 49, not 5 6 E ann atu m 1 E BH . G e . 1. 1 f. , Brick, Col . IV, Déc . pl . 3 ; 94 al t A Col III 3 ,

E BH 6 . 85 , 8 ’ ’—’ m - mz aué e verb which follows , , be int rpreted as meaning dead bod ' u se éz ies . The of becomes, therefore, of importance in this con

o n ne cti . Its most common use in relation to a noun is pronom e inal, repres nting the third singular ; the personal use is more “ ” ne u te r I 65 common than the . If the is translated his , it could

H e u ze refer to either the enemy or the victor . y makes the statement 2 that it must be remembered that the people of the same race whe n ﬁghting one another have respect for the e e E annatum nemy d ad . But Galet A of Col . III describes a 3 victory over the Elamites . Centuries later Ashurbanipal writes of refusing burial to a dead enemy . While the actual gramma tical uses prove nothing on either side ; it is more in acco t dance with what we know o f Sumerian and Akkadian war ethics to conclude that such passages relating to burial refer

’ e to the victor s burial of his own d ad . Another frequently employed method of torture and means of terrorizing was that of impaling conquered peoples on stakes . Ashu rnazirp al often write s z4

' ' ' '

l - zna z z - éz zna p u - ar a/z fu mr on stakes at the boundaries of their citie s

- - u za kzjﬁ.

I impaled (them).

Not only ordinary soldiers, but also the kings were treated in 5 this manner .

’

- - l - l - - - l - I 5 . N aéu u saé sz apa sz l a a ni dz zlé Za fu

N ab usab si , son of Silani, his warriors

° ° ’

- l! - - - - - 27c z- ta at al Sa ar raé a m (212511

the Sarrab ani at side of , his city,

I killed,

1 - 1 §d ~ a—§ ma i - 7 2 22 aéul 25 52 6 . u u g 4 and in front of the great gate of his city

1 e z ume e G mm 0. D lit sch , S risch ra atik 4 ’ 2 — - H eu ze Thu re au S l él e aes Vau tou rs . 1 1 . y Dangin , p

3 Rassam . . Cyl Col VII l . 45 .

hurnazi As r al . . . . 4 1 8 m . . 2 . p Col III 4 Trans fro I R 5 . Cf also Col III

1 8 1 08 1 1 2 l man ez r b o isk e 1 . . Sha e O l . 1 . 4, , Also III Black Fac D, 54

Ti lath il e ze r 6 . m 5 . 1 . 1 1 l . 6 . g p IV K. 375 l 3. . Trans fro II R . p 7

Ashurbanipal writes ' v 211- 15 é aléz af- kz m- su - ma VIII 2 8 . do I The chain of a g, placed upon him

z l - 2 u - f - an - szk- fu sz a m 9. a g

and caused him to be kept in a cage. ' ' £ 124252 ! tam- a - rz éaZ- tu - as - S - n IX 2 1 . 722 4 é u u

In the midst of battle, alive

' ' ‘ u - sa - ézz ké tz

my hand captured - him ;

’ ’ ’ ' ' ’ ’ l l ’ ’ - - - - 2 2 . éﬁtz u fzp z éz rz zu p arzzllz ad az §u nu Zz

in ze hands and feet I placed fetters of bron . Biblical accounts corroborate the Assyrian testimony that pris ’3 A oners were chained . gain the reliefs from Nineveh furnish us with evidence ; captives are seen with hands and feet shack l e d 4 We the , marching in procession . also ﬁnd examples of li 5 captive being led away by means of a hook attached to the p .

When a king entered and subdued an enemy country, he “ ”

e . put the p ople under his yoke Those who were not killed ,

e e or tortured in the ways d scribed above, were eith r left in

e e their own land which was annex d, or transport d to the capital

e city as slav s or hostages . This policy existed from early times . e 6 Possibly there is evidence of it in the St le of the Vultures , but the t e xt is too broken to admit a certain interpretation . Shalmane ze r I writes : 7

' v f ------2 5 . al la su éu uZszz e ma am su i his booty, his cattle, his fam ly

v ' ’ 26 éus - s - - - Z - b- a . u u zz a ml ali ya Af i u r a u l

and his property I carried away to my city Assur . 8 Tiglathpile se r I writes : ' 2 8 a§§atz- §u a lf- fu . p

his wife, his children

I — Rassam 1 1 . m 8 . . 1. 2 8 2 . . 2 2 2 Cyl Col VIII 9 Col IX , . Trans fro V R

. E . m . . 1 0 1 1 1 . and 9 gy Ca p Col I l . 3 , 3 , V R

2 1) 1 1 1 0 0 . . 1 4 1 MA 1 3 Cf II K 7 or 1 Chron . 33

b i8 4 E N . 8 1 82 1 1 8 1 1 1 20 . : ze G e . pl , , , 9 , Cf King Bron at s of Balawat pl C 6 . V . A . 1 O . . 5 E N . 8 . SCW XXII , XXIII, XLV pl 3 , Fig 4 Col III

7 Shal man e ze r . R 1 2 6 . . . e . . ev. . 2 m e I Col . III 5 , Trans fro M ss K il hist

e 2 2 . H ft I p . 3 — Ti l a h l e m 1 0 . t i ser . m . 1. 2 8 . g p I Octagon al pris Col II 3 3 . Trans fro I R

. Ti l ath il s r 1 u z u d E . m . . Cf also g p e e I Col . V l . 7 and Ash rbanipal gy Ca p Col — I. Rassam II 39 43 Cyl . ' ' ’ v 2 722 6- raw l zé - éz- i a zl - Za - su fu - sz 9 . 3

o ff- 1 80 spring of his heart, his troops ,

' ' ak- lei mr- ma - d é sz a rz 30 . y 5 f r z e bron e ointm nt jars, 5 metal jars ,

' ' ' ' ' ‘ v l - t- z zl m s m 3 1 . z z é u z éum gz u é asp z

together with their gods gold and silver,

v ’ 2 da- mu é nam - u s - o - 3 . lz r a a a

their choice treasure I removed,

------33 . fal l a su nu bzz fa a fu nu u sz m a

their spoil, their possessions, I carried away . Ashurbanipal I

' ' 2 i a - a - fzz éal—zzz- zzs - szz zf- tz f Ad i a - 4. y (z

he himself alive, with Adiya ’ ' ' ‘ ' m - - l maf - - 2 . z o A 7 z él 5 . U czi z far

e U aiti K wif of , ing of Arabia , ° ’ ' ' ’ ' ~ é ------26. z3 a tu 7zzm ma u ézZu m a az

e they captured, and brought befor 1 mag- 7 27 41

me . The Assyrian policy of deportation greatly inﬂuenced the national and religious development of the Hebrew people ; of the Assyrian military practices this is most frequently men

tio ne d e . not only in the historical , but in the proph tic literature

2 The book of II Kings abounds in references to this custom ; — ’ — 2 1 1 e zz . 2 chap . 4 3 7 records N buchadre ar s deportation , chap 5 5 7 the binding of a king and slaying of his sons before his own

2 1 8—2 1 e eyes, and chap . 5 relates the d porting and killing of important me n . n n Alo g with these evidences of cruelty, i stances of which are e e could be multiplied almost indeﬁnitely, found h r and there traces of what might at ﬁrst be considered clemency on the part of the victor. The boastful manner in which these more merciful acts are related , seems to indicate not touches of real humanitarianism , but only a part of military strategy . By so doing they gain e d the submission of th e ir victims and acquire d

Ashu rnazir al for themselves a fe eling of magnanimity . p often

I Rassam . C01. 1. 2 8 . Ashurbanipal . Cyl VIII 4, V R 2 2 64 6 6 u 1 . w . I I . 1 1 8 e tc . II K. 5 9 Cf ith I Chron 5 ; K 7 , “ ” I he e e m e rc . t has in his annals the phras , I show d him y In ’ 2 account of Sargon II s Eighth Campaign we ﬁnd the passage :

' v ’ ' ’ - — m ~ - - - m . - é m fat kin t zm . su zz a az m a e 1 5 8 .

e o he , togeth r with his chiefs, administrat rs of

- 1 - l mdi - su u - saZ- Zu m - ma 2 7m p a m ya e me his land, prayed, and befor

' ' ' ' ‘ v l - - 6 15 zr- éz rzt zz su i zu zp mf l l u with the ir four paws the y besought

' lei - ma kal - é z

(m e ) like dogs . '

- l l i - a - su - nu - tz ma . m e ma s r l 59 .

e I had pity on th m, and

' ' ' ' v

- l - - - - u t- mn m su nu ezZkz at- ma sa mz

e their prayers I r ceived, their words

’ ' ‘ V l fa te - m n - zz aS - mz ma

e of supplication I h ard, and

i - - d é - éz fu - n u a éu lap 3

a u la I said to them , ,, b p Occasionally there are traces of discrimination in the otherwise

e whol sale slaughter.

Sennacherib : 4

' ' ° ' mé rci n ma azz z- z§ aft - m aé- Za- Zz 4 . g p u é the inhabitants of the city who had committed sin and e vil

' ' ° ' v ‘ —- - n S Z- l - tz m - sz zt z - - - 5 . a a a a el mt zz zz §u nu

The I counted as spoil . rest of them

' ' ' l ‘ ‘ ‘ 6 la éa - ézl z zl zz é - ZZ- z . é g u zd u z fa (who ) had not committed sin and wrong who

had not

' ’

------7 . l a zé su u u f fur fzz un d é éz

e e e e . made r bellion, I announc d amn sty to th m War was considere d no t only a prop er occupation forman

e e the s . kind ; it was sanctioned, ev n command d by god To engage

I m e e I II 1. 6. for xa pl , Col . 7 2 m T e - 8 m . . 8 . hu r au Sargon II th Ca paign Col I l 5 Trans . fro Dangin , ' ' ’ u iéme Cam n e H zt a ae S ar on . 1. 1 . p g g pl . III . Cf also 5 5

3 a u la = w e e H WE b e me u é p ord of d live ranc . 43 giv s as its aning in s ch “ e e e ou passag s , P ac to y — 4 . . m . E m . Taylor Cyl Col III 4 7 Trans . fro I R 39 Cf. also sarhaddon Pris

. I. u d 1 1 n 1 2 . B . Col III n e in war became a divine duty ; and in co sequenc , man could look him s to his gods to furnish with strength to ubdue the enemy. In the Stel e of the Vulture s are found expressions which war I indicate this belief that the gods commanded . Assyrian kings write 2 ' ' ' ' v ‘ l l - - - - i u - mz sa zaa z ma é z si ra zz 43 . z za in those days through the supreme power

' ’ '

l - - fa d A- far éé/z a z 7za an m ai - e - m 44. y

of Assur my lord, through the everlasting grace ' ” ’ ' ' sa d Samar ka - ra - az z- na maul - ti 45 .

i of Shamash the warr or, through the help ' ‘ ' '

46 . i a zlam rabzi tz

of the great gods .

' ' ' ' - ma sarra- nz m - su - tz 49 . a na ma

to the lands of distant kings,

' ' ° ’ ‘ ’ 0 fa a - a famaz e - lz- 7zz- zz 5 . é

on the shores of the upper sea , ' ' — - 1 s ka na - sa l a z d a - a 5 . a

who did not know submission,

’ ° '

<1 - - - - - 2 A su 6d a m - z m l l 5 . r a ra n a d zk

Assur, my lord, sent me and I went . ’ 1 zaa 3 61 5 2? Affar 321 MM éé/zlya the A By command of ssur, great lord, my lord ' ' l ' zt - tz- §a - na am - taé- éz z;

I fought with them .

The gods sanctioned not only war, but all its accompanying w cruelties . Ashurbanipal , having explained how he thre some 4 captives into a pit to be eaten by dogs , vultures, bears , etc goes on to say : 5 ' ' ' ' ' ’ i - - - - - ul - l a zp - fz e - tz an na - a - tz z te ziﬁ p a sa by these deeds (which) were done ' ' ' ' ' ’ ‘ l - a- m zé- éu [MM zl cim raézi zz aeli ya

e the e o f . I quiet d h arts the great gods, my lords

’ I m H u z - - St / e V u t u r e e e e Thu re au n é e a r b o r e . 1. For xa pl , y Da gin, Col . VI Fac D 7 . 2 — — Ti l ath il e ser . 1. 6 2 . . m . 1 2 . . g p I Col IV 43 4 , 49 5 Trans fro I R pl Cf also

Col . I 70 .

3 halman eza O ol i k e 1. m S r b s 6 . . 0 . III Black Fac D 3 Trans . fro Lay . pl 9

- — a 6 . 4 u R ssam . . I 6 Ash rbanipal Cyl , Col IV 7 5

S u Rassam . . I. 6 . m . . . Ash rbanipal , Cyl Col IV 7 , 7 7 Trans . fro V R pl 4 Cf — 1 2 . 1. 1 0 1 o 8 . also Col . VIII . 7 , Col IX 4 If successful, the conqueror felt that he had been aided by the gods . Sargon II accords to the mighty gods his power to give mercy also

' ' v v ’ ‘ ’ - - - - d - as sa d a - na m fa l a rz 541 A sur by means of the glorious power which Assur

' v ' d - - - M arduk zs ra é u m .

and Marduk gave me . A reason given for the building of temples was that one might assure success in war. Sargon I speaks of restoring a ' v v “ ” 2 - l l temple sa é af nakzrz z su to overcome his enemies . The

r : 3 help of the gods was invoked by prayer . Sennacherib w ites ” - - - d d d . B l . 0 a n é a A§§ i amara e l 5 . a a na ar S n S d

I to Assur, Sin , Shamash, Bel, d N aao d N ergal

Nabo, Nergal ' ' l zlé m i zl zié - l zya gods of my conﬁdence

v ’ ' ' ’ ' - - m - - 2 a na é - Sa a z . a a m 5 . a nakrz a am éar at the b orders of my powerful enemy

v sa- na- ti - ma to overcome them and

- l - - - - - 5 3 . sa p z e a ar ra éﬁ zf ma a

my prayers quickly heard,

' zl - ZzEé u they came ' ' ‘ ~ rz sa - zz 54.

to my help .

Ashurbanipal : 4

' ' ' af- sz é ati - ya a- saZ- Zz

I lifted my hands, I prayed

27” r i A§§ar a 27” I ffar affai - Z ta A to ssur and Ishtar of Assyria .

’ '

I - Thure au H aztzéme Cam a n e . 60 . . . Sargon II Dangin , p g Col . I l , pl III Cf — Ti l ath il e ser . I. e e . 1. . also g p I Col I 44 45 ; S nnach rib , Taylor Cyl . Col IV 43 2 T . YB . 1 . 8 . 1 . Sargon I Vol . I Col I l 7 No 3 , pl . XXIII , p 5 — 3 e e . m 1 . S nnach rib, Taylor Cyl Col . V 54. Trans . fro I R pl . 4 . Cf also Shalman e zer — . 1 . 2 YB T . I 1 1 . . I Col l 7 and Sargon I Vol I Col . II . 3 5 p 5 3 4 u . Rassam . . . 6 . m . 1 . . Ash rbanipal Cyl Col I l 5 Trans . fro V R pl Cf also — ] . 1 1 1. 1 1 1 Co 5 1 7 . In return for this help , the plunder gained was dedicated to

I the go dz When Enlil

- l - ma na - m z m a é had looked favorably upon him , K2} ki then Kish

ﬂa t - 5m! he cast down ;

E n - ne a z m - g Enne ugun,

’ Za al K zf ki K K g ing of ish, ’ ma - aar he cast down

' ' l z/gal e rzm g ar- aft ki king of the hordes of Umma u m - na ga - éal his city full of malignity

bil he burned .

ma- ne - gz he brought alar - bi m his statue,

’ ’ aza - z a zrz- éz g g his shining silver,

the utensils, his spoil, to Enlil

' v E n- lzl ki- sa of Nippur

v - - n - a ma a sué he presented .

2 Captives were also brought before the gods ; Naram - Sin writes

‘ zs- zam Then ' —’ ' leas- lzlgzr kas l zgzr he overcame

’ su - nu - tz those armies a and far- ri - sa- nu 3 their three kings l zl zlé- mz ma he bound , and i mag- n t? before Enlil ' '

- - - a sa rz zé he brought (them) .

3 But if the enemy made war, he sinned against the gods .

la (g r- 2137 2 ge the people of (Umma)

I E e - u u u e m re H il re cht nn g n . Q ot d fro storation translation of p in OBI

. . 1 0 1 0 1 0 2 1 1 0 1 0 . . 2 6 e 2 . pt II Nos 3 , 4, , , 5 Trans . p 4 Not

2 m - T — . YB . 1 0 . V . 1 1 8 . . Gu e . 1 . Nara Sin Vol I , No . , pl , . 9 Cf also d a B

- - 6 E u s us a Po eb el BE 1 1 . 4 or ak ann , IV p . 5 — 3 e u . l o 1. 2 u e e u e D str ction of Lagash Col . VII l Col . VIII No v ll s Fo ill s

de e . 8 . T llo , p 4 ’

— - - ki - - - str l a (ﬁ zzr ) é a ézzzl - a ta ﬂaw tag

Lagash devastated, sin

’ ’ d N za - gzr- za- da e - da - ak- é a - an i against Ning rsu (they) committed . The military policies as shown in Sumerian and Akkadian

. literature, indicate the unquestioned righteousness of war No where do we ﬁnd statements which suggest that the moral right was at all doubted ; a king did not consid e r whether he had

m r/i t the a g to make war on another king, x but question of whether an enemy king had a right to make war in return ,

ff . was a di erent matter, it was a sin against the gods This exaltation of war naturally led to the conception of a warrior as a type of ideal man . To ﬁnd this calculated inhumanity exercised by the Babylonians and Assyrians who were govern

a e ed by legal codes which reflect w ll developed moral sense, is not without parallel . It was natural that their ideals of justic e should have been deve loped in their relationships with their own people first . Of real atte mpts at international justice we find no sure trace ; even in the period of the latest Baby lonian kings , the international policy was one of diplomacy rather than justic e . These many military expeditions throughout Mesopotamian history naturally opened the way for commercial intercourse .

- e At an early time, when the ruler of one city state exercis d a

z su erainty over a neighboring city, as for example Me silirn of K “ ish over Lagash, trade which could no longer be called

i the strictly domest c, grew up . The policy of transference of

i - - large populat ons for political reasons, as under Shar gani sharri

M ishtu su e an . and , encouraged ofﬁcial and comm rcial relations K The kings of ish early entered Elam, and made it a place for commercial developme nt ; many of the monuments from ’ Du n i s g time record transactions and give lists of consignments .

Naram Sin brought diorite from Magan , and Gudea, from Me lukha and Gubi . Even by the time of the First Dynasty, trade

e routes were open d up the Euphrates to Syria, and the pottery 3 e trade established with Carchemish . Of special interest are th

1 . AO 6 . . 8 20 . Cf J S XXXVII 1 9 f Vol 3 , p . 9 ff 2 V I 1 0 . Cf. RA 9

3 1 2 . 1 82 . Cf. King Hist . Bab . 7 f

Our principal sources of the social re lationships of the ancie nt

: e Mesopotamians are fragments of legal cod s, the Code of “ The Hammurapi, and thousands of contract Hammu rapi Code presupposes a long period of legal control ; the re forms o f U rukagina and the so - called Sume rian Family Laws doubtle ss contain the elements of laws which late r appear in this more systematic statement of legal customs which was the codiﬁed during First Dynasty . It is also to be assumed that most of the laws stated in the Code of Hammurapi had the been in force for some time . But to attempt to discuss moral practi ces of the Sumerians on the basis of this assu mp

2 tion, as has been done, is precarious . We are not as yet sufﬁciently sure of the earliest history of the Tigris - Euphrates Valle y to determine u nq e stio nably the priority of either the

Sumerian or Semitic peoples in this region, nor can we be certain how soon the two peoples became so intermingled that 3 a common legal code might serve . Until such time as our

e e e knowledg is mor compl te, it would seem a more accurate method to conﬁne observations upon Sumerian morality, to

Sumerian documents , even at the exp e nse of incompleteness in r our picture of Sumerian mo al practices . While we cannot as

e t y trace the development of many speciﬁc laws, we recog nize that the code of Hammurapi is undoubtedly a compilation which may be analyzed in general along the lines of the solution astro w t presented by j . But we may be at least certain that by the First Dynasty, and for some time before, custom had developed into law that was a deﬁnite force in social control . Cune iform lite rature is particularly rich in documents which inform us of the laws and customs regulating domestic business

e transactions . Thousands of table ts which contain mer ly a statement of the delivery of goods, the completion of some

I This diss e rtati o n was compl e te d be fore the Assyrian Law Code fou nd by

- Ge rman e xplore rs at Kal e h Sll e rgat was p u blishe d by Otto Schro e de r in Vol . 35

’ th e li c/zan o er D ea e - 2 of e Wzssm se/zajtlie/ze Wrof zzt g tseﬁ en Ori n t Geselke/zafi in 1 9 0 . ’ a r i e e e i e a J st ow s translation in JAOS XLI pp . 59 app ar d whil this d ss rt tion was

the e in pr ss .

2 Se e e e R I f u e e m me articl by M rc er in JSO 47 . For f rth r tr at e nt by sa

M oral I deas i n B ab loma n A ri a u t se e Rel i i ou s an d a d ss . . e e a hor , g y y , S . A B M rc r,

u e e 1 1 . Milwa k , 9 9

3 e ue m u e 8 . m t em e e . Schorr, R v Sé itiq XX p . 37 f ain ains S itic charact r of Cod

. Koschaker PSBA z o f. 4 AOS I f. Cf , XXXV 3 J XXXVI 33

mission, or an inventory of stock on hand , furnish us with no material which may be said to have direct bearing on the subj ect of business ethics, save as the multiplicity of such documents testiﬁes to the solidarity of legal control . By the

First Dynasty at least, we have documentary evidence that Mesopotamian society was well organized for the transaction of business, and that there were definite laws regulating the drawing up of private contracts . For the industrial activities and business transactions of the period prior to the First Dy nasty, our material is scattered and often unsatisfactory . But we are in possession of sufficient data to assure us that even in the Sumerian period there was a definite standard of bus in e ss ethics . Before examining the business documents for the study of fl types of transaction, it may be well to sketch brie y the judicial

z organi ation . In the event of a dispute, the case was brought before a judge ; decision was made and recorded . Analysis of early documents has already shown ’[ that while in the early

e p riod judicial power was invested in the priest, there were also civil judges , royal functionaries, or local magistrates . But in this period the patesi could be appealed to above the civil ” judge and could change the civil decision . There was a trans itio n from the prevalence of the sacerdotal judge to the civil, so that by the time of Hammurapi the civil judges pre do mi 3 nate d . , and a civil tribunal had developed The exercise of jurisdiction by civil judges may have been du e to the fact th at there was invested in the person of the king both sacred and civil authority; he could render justice in the p al ace as well as in the temple. Temple judges , however, continued to function ; civil judges could pronounce the judgment, but when t 4 oath before the gods mus be taken , temple judges must act .

e e The Code provides a p nalty for the judge who , after r ndering 5 a decision and causing it to be sealed, changed his judgment. 6 According to Cuq, in some types of decision , a time interval might occur between the decision of the civil judge , and the e i ﬁnal oaths before the sac rdotal judge, giving the contend ng

“ ’ 1 6 E sur l or ani zati on u d e de ee RA VII 5 f. q , ssai g j iciair la Chald 2 I 1 . 3 68 . 4 . 8 . RA V II 3 RA VII op . cit 7 5 6 8 s 5 . RA VII 1 . partie s time to com e to te rms indepe ndently b e fore the d e cision

the N e o - was ﬁnally ratiﬁed . During Babylonian period the pries t of the village was commissioned by the judges to summon the defendant ; h e w as sometimes given the task of collecting

e e the ‘ e e evid nc for judges, and in c rtain cas s was given right

o e to exe cute judgment . Other judiciary fﬁcials wer the gover

o f e me n nor, the mayor the city, the assembly of l ading , the

e s judg of the district, and the judges of Babylon . Occasion ally the governor o r mayor rendered a decision ; the latte r also presided over the assembly of leading men , an organi a n i 2 z tio which can be traced back only to the F rst Dynasty. This assembly fo rmed a civil jury and was under the control

the of king . The judges of Babylon formed a court of higher

e e app al to which cas s tried in other cities could turn , and pro bably the court o f any of the large cities served as a supreme

the 3 e court to outlying districts . Judg s had assistants, as the

MASKIM t e the D , who app ar in the judicial acts of Second y ’ ’ ia a i ni e nasty o f Ur . The r a a a was analogous to a police forc

~ - at the disposal of the judges ; the mar-pisan dao oa a was the 5 clerk of the tribunal with some judiciary power, and it was probably part of his function to keep records of all decisions 6 for the archives of the tribunal . e In all periods of the history, the temple was the great cent r

e of commercial life, ven though by the First Dynasty the priests had been divested of their judiciary power. The dues and gifts mad e to the temple rendered it the chief bankin g

the e l concern of community. It own d arge tracts of land and

e . other property, none of which could be r nted or sold These lands were usually in charge of te mple ofﬁcials and worked by temple slaves ; a large part of our documents are accounts of goods received as gifts, regular tax , or proceeds from temple 7 property . Temple lands were free from royal tax, for such lands were often the gift of the king, and in no way the prop

r e ty of the state . The temple was supervised by certain

the e families, ofﬁce being hereditary ; c rtain persons had the

e ffe right to receiv temple o rings for stated periods, a right

I e x. e e u e u se e A SL . For of l gal not s d in co rt, J XXXI 79 2 8 . 3 H m . e e 6 BE 2 . 0 . a 1 1 . RA VII 7 Cf L tt rs III p . 3 ; (A) VI () No

4 . . 88 1 00 m . 5 8 . Cf Babylonica III p , , Passi RA VII 9 6 1 1 . 7 . BE 1 . 1 02 1 6 1 8 e tc. RA VIII Cf (A) VIII () No , 3 , 5 2 I 3 The so ld s . which could be , tran ferred , or rented study of the importance of the te mple as a commercial c e nter during the First Dynasty made by Price 4 emphasizes the function of

e e e o n are the t mple as a banking c nt r, th ugh whether loa s

in e made b half of the temple as such, or by temple ofﬁcials

e n s . privat ly , it is often impossible to disti gui h e In the l e galizing of certain typ s of contract, especially mar ria e the im g , adoption , and manumission of slaves , oath was

o e e portant . The purp s e of the oath was to prev nt fals witness , or the future breaking of contract by either party. Such an oath was originally not a mere formula, but of actual value as a deterrent among a people whose r e ligion was acco m

anie d p by a strong belief in and practice of magic . These oaths were sometimes sworn in the name of the king, more

o often in the name of the g ds , and as time went on speciﬁc gods became associated with certain typ e s of contract s The

x n ailmark afﬁ ing of the seal or to a contract was not necessary ,

e e although it was fr quent . It h lped to ratify the agreement and guard against alteration to the document . The seal was usually that of the contracting party who gave up a claim , or took an obligation upon himself; in case two parties took obli

atio ns g on themselves , as in a marriage contract or partnership e agreement , both attached th ir seals . By far the most common of the business transactions relate to sales of a varied nature . Sales of slaves, land , house, granary, grain, date palms and animals being among the most common .

the e When parties concerned had decided upon a pric , the transaction was recorded by a scribe, probably both parties

e e e k pt a copy, and a third was made for the templ archiv s . It is possible that each party s e aled the copy h e ld by the 6 other. The document usually began with an identiﬁcation of the object of sale, followed by the identity of the con

e tracting parties ; a statem nt of the basis of the transfer,

t A L 2 1 0 . JS XXXIV 1 7 ; BE VIII () p . 4

2 e ee um e e e u J . P . Morgan II contains nin t n doc nts r f rring to s ch transfe renc e .

2 1 . Cf. also Johns, Bab . Ass . 5

3 1 0 2 4 A SL z o f. Cf. Babylonica III . J XXXII 5 “ S AO A SL e e e . The J S XXXIII, XXXIV ; J XXIX , articl s by M rc r Also ” t i n a e u e . . . e e . Oa h B bylonian and Assyrian Lit rat r , S A B M rc r 6 2 2 Johns Bab . Ass . 7 e e whethe r payment was made in full, and a stat m nt to guard

against e ither party trying to withdraw from the bargain . x A e e 2 list of witn e ss e s was app nd d . At an early time we ﬁnd that

som e times not only the actual price was paid , but a small gift

e e o was presented to the s ll r, though this cust m probably did 3 fe e not exist in Assyria . The scribe received a for his part ’ o e e in the transacti n , and for his s rvice in procuring the sell r s 4 - e s e al or nail mark . Only the seller afﬁxed his seal . The gr ater part of the Assyrian contract is devote d to state ments that the i i selle r or his heirs w ll never resc nd the sale or bring suit,

p e n alties being stipulated . It is often stated that if either party

the attempt to bring suit , judges shall not hear him and he

shall lose his case . But whil e attempt to break the agreement

could not be made, in Babylonia the seller or his family could

later buy back the property . There is no mention of this right 5 it . in the Code, but there are a few contracts which attest

If however a sale were later found to be illegal , further steps

coul d be taken, and another contract drawn up to adjust the 6 e matt r. In many contracts the buyer got the best of the

e e t bargain in that he was saf guarded against fraud , int n ional

n or uni tentional and against breaking of contract. The con tracts relating to slaves u sually state that if the slave contracts the oennn sickness within a stated time the s e ller shall return

the a payment and take b ck the slave . In the statement of

the e e p nalty, it is always the sell r who is assumed to be the

e e t e off nd r, it is in connection with him that here are enumerat d

names of his family, relatives , or ofﬁcials of the district, any of

whom might b e the cause of the breaking of the contract. johns points out ? that the names enumerated thus we re not

i i e necessar ly to guard against the r br aking the contract, but served merely as a means of stating that anyone who attempte d

b e e z it would p nali ed . The p e nalty might consist of the paying e l of a d ﬁnite sum of money to a deity, an ob igation to dedicate

lzafoaé anni horses to a deity, the devotion of animals to a god,

1 . 620 1 Cf analysis in ADD III S and Schorr p . 1 1 . 2 Manish u tus D ele ati on e n e e f. , g P rs II I 3 . 2 0 . 4 0 . . 2 . Johns Bab and Ass . 3 p cit 3 1

5 . 1 . Cf Schorr p . 1 9 6 — . r w h t e P e e a u . e 1 8 . 1 1 6 1 6 Cf Jast o in pap rs of hilad lphia Ori nt l Cl b 94, pp 3

7 ADD III 3 600 . 37

service of a child to a god, or a payment to the purchaser of tenfold its amount . x All these statements were doubtless meant

e only as threats, and probably were not carri d out . The amount of the money threat varied according to the amount

2 Ac co r of the purchase, and was a fairly deﬁnite proportion . ding to the Code, a purchaser who took money, or real estate from the hands of a minor without contract or witnesses, was ’ 3 e f . considered a thief and rec ived the thie s penalty, death The purpose of the sale contract was not only to guard against the seller trying to reclaim his goods, or the purchaser trying

e to claim dissatisfaction, but it also might serve as t stimony in the event that the goods were later stolen and the thief 4 tried to claim that he had purchased them . The sale of land or a house was the most frequent of this

e 5 typ of contract . In this kind of sale, the phrases identifying the object of sale, state the boundaries, usually with such exactness that if we had records of all the land transactions of a given city, we could draw up a fairly exact plan of the 6 e - e str ets and buildings . Sales of date palm orchards and oth r 7 e e e - real estat , of slaves and children , of cattl , sal contracts of 8 all kinds are drawn up in Babylonia and Assyria in relativ e ly

e the sam manner, as far as the principle of legal justice is

e e concern d, all showing that these people had a highly dev l

e o f oped s nse property right .

e e The Cod , as well as the contracts, inform us that a larg

e 9 part of the business of merchants was carried on by ag nts, and it contains laws intended to protect the merchant against the dishonest advantage an agent might take of him, guarding against his carelessness or failure to report the real amount of 1 0 de liv his sales . These merchants employed messengers who the ered the goods assigned to them , and kept a record of ’ " . consignment, to which the messenger s own name was appended

I 60 . op . cit . S 5 f 2 — . 111 . 6 . 3 4 1 . Cf ADD p 3 9 g 7 . 88 9 3

5 . A L A PSBA 1 1 1 BE V1 11 1 Cf JS XXX l 7o f. J OS XXXVI 34 ; XXXIV ; () 6 A 2 6 . 8 A L 1 8 . 7 Z 34, 3 5 , 3 7 , 3 . JS XXX 7 V 7 8 BE IX (1 ) 1 8 f. 9 11 1 6 1 8 ADD SS 5 , 7 . 1 0 — 1 00 1 0 . . F me e PSB A 1 0 1 60 . 88 7 Cf also rag nt of Cod in XXXVI , XXIV 3

H u ume se e H L For s ch doc nts C. 38

Merchants were apparently m e n with consid e rable capital who made advances to cultivators ; the Code contain s laws to protect

‘ the . lender This system of agents, from whom the merchant

e s received a perc ntage of the proceeds on the goods sold , furni hes

e e ro ﬁt- us with an early xampl of p sharing. Proﬁts were some

e in 2 times shared by two persons unit d a temporary partnership . Not only were advances of money made as a business enter

e pris , but also as loans and deposits . The loans were princi o f m pally corn and oney, corn being legal tender, money loans

e e e being payabl in corn , unless oth rwis stipulated . Loans were usually te mporary and mad e at harvest time to meet the e o f e xpenses harvest labor, but to be r paid shortly after the 3 A harve st . In ssyria loans we re often made without intere st

e 4 on s curity . In later Babylonian times it was sometimes 5 stipulated that a loan was without inte rest . Promissory notes 6 e e wer given as prot ction . Many of the loans and advances made were by a landlord to his farm e rs ; he must supply them

0 7 the with materials for raising their cr p, and farmer was

he he bound to return t stock or its equivalent . If kept it beyond 8 e o f the appointed tim , a ﬁne was imposed ; loans or advances this kind howeve r were probably on e asy terms because it was

e of advantag to the landlord to supply his workers . Most of the loan tablets state that if the loan is not paid at a stated

b e n e e r . time, i ter st will charged at a ﬁx d ate In the Baby

e r 9 lonian contracts , interest is usually reckoned p month , and whil e the basis of reckoning was not usually mentio ned on

we m a ” the Assyrian tablets, y assume, with Johns, that it was ‘

e the ne re m b . r ckoned by onth as in Ba ylonia Mo y, therefo , was n o t le nt for the sake of obtaining an incom e from the

e interest ; the interest was intend d as a penalty or deterrent, h and as a means of insuring attention to business . jo ns con clu de s that in Assyria at least there was no standard rate of

1 — 2 1 . 2 66 . . me . . 3 SS 49 5 , Cf Frag nt in Arch Bib 2 BE YB T . . 2 . (A) X No . 44. Cf. Vol II No 9

3 B . E 2 . 1 6 E (A) XIV No 1 1 1 ; B (A) VI () No .

4 e l se e I II e m e BE 1 . For xp anation ADD S 3 7 5 and for xa pl s VIII () p 45 ,

8 H LC . 47 , 4 . I 3 34 6 5 B E 1 BE A 1 . 1 1 1 . (A) VIII () No . 93 . ( ) III () No , 3 A 8 8 7 PSB XXXIV 1 1 1 . ADD III S 3 3 . 1 0 adocian e 1 2 if. ADD II I 8 . 9 Cf. Capp Tabl ts in RA VIII 4 3 9 law , providing that the debtor, lacking money, could discharge his debt by handing over to the creditor whatever property

he had . A man might be temporarily relieved of his debt obligation t if he could ﬁnd someone to act as surety for him . Whe her

pl e dges were mad e in the earliest times is - subject to som e

f e o inio n I e di fer nce of p . The right of a man to give wif “his or child in return for payment is an example of a pledge given

o ff- to set the interest, and this type of pledge was the most f D 2 common in Assyria, and in Babylonia a ter the First ynasty

n During the First Dynasty the right of pledge was not commo ,

- n e but in the Neo Babylonian period, the pri cipl develop ed to a

’ e 3 The e more elaborat syste m . object of pledge could b a

e e ﬁeld, hous , right to coll ct toll, slave, son , any proﬁtable

s e ze property, and the beneﬁt of any of these w re utili d by the

holder of the pledge . The right to utilize the object of the

e n e pledge comp sated for the inter st, estimated at the value of

4 e the contract . Ev n where there is no interest or special

s e obligation tated , it is probabl that the borrower was in some

way the dependent of the lender, for it would seem that the lender must have had some security other than the debtor’s

k o m n S ac n wle dg e t.

e are . Guarante s frequent, and of various kinds There are 6 guarantees for debt ; for example an individual becomes surety

’ for the payment of a relative s indebtedness to anothe r ; 7 slaves 8 are he ld as security ; there are guarantees for the d e livery of goods 9 as well as obligation to appear at an appointed time or place either to pay a debt or act as witness there are also “ guarantees against defects in a slave and against theft . A common form of guarantee is found in the case of two men o wing a third man ; each of the two is taken as guarantee

I 2 that the other will pay. Guarantees were made as to the

1 2 2 62 0 . . 2 6 1 1 . Cf. johns Bab . Ass . . p cit 3 ; Babylonica II

- 3 . Cu 88 f. Koschaker P . e u Cf q RA XII ; and , , Babylonisch Assyrisch s B rg

schaftsre cht e . 1 1 1 . 4 . 5 62 . , L ip 9 RA XII 95 ADD III 8 4 6 1 BE (A) III () No . 7 .

7 B E 1 2 . 1 0 BE . VBT . . (A) VIII () No . 5 , No 5 ; (A) IX No 5 7 ; IV No 5 5 8 E B 1 . 1 . . . (A) VIII () p 9 9 op cit . No . 39

1 ° ! O Cit . . 2 u . p . No 5 . I Dari s 93 1 2 u 1 . . . 2 6 . Nabonid s 33 , cf johns Bab Ass . p 9 4 1

t quality or durabili y of goods, as a document from the time of Artaxerxes I guaranteeing indemnity if an emerald fall out

1 of its setting before the end of twenty years . Mortgage was

2 common, especially in the later time, sometimes two or more persons pledge d th e ir joint property as security for payment 3 of a debt .

ff e 4 All kinds of property were o ered for r nt, especially land, 5 6 house, slaves, farming supplies and animals . If a man hired a piece of land for the purpose of cultivating it, he was bound

” to do so , and if he did not, he was responsible for paying average rent and returning the land in good condition] If a farmer rented a ﬁeld and the crops were destroyed by ﬂood , h e e must bear the loss hims lf, $ 45 , but if the rent had not

e e e been rec ived by the own r, wheth r it were let for half or a

the third of the crop , the farmer and the owner of ﬁeld were to share according to their agreement that which remained ,

6. . $ 4 A man might sublet the ﬁeld, S47 There was pro lease e vision for the of a ﬁeld, for several y ars ; the gardener who leased it being expected to cultivate it and share with the 60 f owner, SS A ragment of the Code has a law relating h to the penalty imposed upon a house owner who, t ough he

e had been paid rent in full, order d the tenant to vacate before 9 the expiration of the lease, but as the tablet is broken, we k cannot now what the penalty was . The rent of a house varied according to the size and location ; the lease was usually

e for one year, the rent being due at the end of the t rm . The tenant was credited with the amount he had found it necessary

l o “ to spend on repairs . A receipt for rent was given . The process of exchange is treated by one law only in the 1 Code, 5 4 , which pronounces illegal the exchange of a bene ﬁ c e . Other exchanges could be executed, and probably were

1 2 . 8 0 BE BE . 1 A SL . . 62 . Cf. (A) IX No 4 , J XXXI p (A) X No

3 B E 1 . (A) IX No . 7

BE . 8 A SL . 1 6 f. 4 BE VIII (1 ) p . 44; (A) IX No 4 ; J XXX p 9

WZKM 1 1 . . a . 6 BE 1 . 1 0 . 5 IV 3 ; J P Morg n II p 3 ; (A) VIII () No 4 6 — BE 1 BE 1 6 . 7 2 . (A) X 3 1 ; (A) VIII () No . 3 4 44

3 - B 2 1 e ﬁsh u e w t . Cf. E (A) X p . , l ssor of pond to s pply ag nt i h daily ﬁsh

9 B E CO1. . . . 2 1 . V No . 93 II, cf Arch Bib 3

1 0 E 1 1 2 . B (A) VIII (1 ) No . H 1 2 6. B E (A) X No . I co mmo n o ; the contract sealed the transaction , stating the two h h e cts t e e e . j to be sold, the two persons making xchang , and so on

All e e business was not carried on by private persons, th r e existed partn rships and business ﬁrms . Partnership is found

m e n early, and in a simple form ; two buy a piece of land , or

e 2 undertake som similar business project together . The only law regarding partne rship that exists is from the fragment of the e 3 Cod , which states that when a man gives money to

s another man for partner hip , the proﬁt is before the gods, and the y shall do business toge ther. Sometimes the business was

a third n 4 the done through person acti g as agent . During ‘ e o ne e period of partnership , debts rec ived by party becam

the the 5 partly responsibility of other . Dissolution of the 6 partnership must come b e fore the court. In the event of the death of one member of the ﬁrm, settlement of his share in

e e 7 the business was mad with his h irs .

e In the later time larg r business alliances were formed . Of the actual workings of such firms we know little, but we have collections of documents be aring the same names as trans 8 o M arashu . actors of business, such as th se of the Sons Such firms kept files of their business tran sactions ; and in the late

e p riod, when cuneiform was falling into disuse as a vernacular, th e se documents had Aramaic notations made on them to assist

the e . cl rks in ﬁling That such a system was resorted to, shows

e e not only the highly develop d business methods, but the valu set upon such docume nts as a means of guarding against future disagreement regarding a transaction .

e The industrial life of these peoples was vari d . We ﬁnd “ e ﬁ she rm e n 9 - s m ntion of , soap maker weavers , leather

2 “ I 1 6 1 c ar e nte rs I 3 t e we lle rs S e workers, p , bakers, j , and m tal workers,

1 — 1 1 2 1 1 . . . . . BE 1 . 6 . . 7 Cf J P Morgan II No 3 5 , VIII () p 5 Schorr Nos 2 A SL 1 88 BE . ZA 2 02 f Cf. J XXX , (A) X No 5 5 ; I . 3 . . 2 1 . Cf. Arch Bib 3 s m e 4 w z . . 6 2 2 . Jastro Civili ation p 3 54 ; Stra s ai r, Nabon 5 , 5 7 3 w 5 CT II 2 8 ; Jastro Civili zation p . 3 5 5 . 6 m e . . 1 1 6 . Strass ai r, Nabon No , Jastrow Civilisation 3 5 5 8 A SL 1 . B E 7 J XXX 95 (A) X .

° e e . 1 22 . 1 1 9 H am . L tt rs III p RA VII 3 U AOS 1 1 6 B E 1 . 1 00 1 08 . J XXXVI 4 5 ; ADD II 8 4 ; (A) XVII () p , 1 2 1 . 0 1 . 3 . Johns Bab . Ass 3 ; ADD II g 1 66 ADD II 8 1 97

I I 1 6 H am e t e II I . S H am . e e I II . 4 . L t rs 43 ADD II S 200 . L tt rs 53 43

2 - - 3 brick makers} fullers, and store keepers . While these industries probably did not constitute a real caste system , it is probable the l ll that members of same fami y fo owed the same trade, and h as h 4 that there may ave been , Jo ns suggests, a group o f ln ’ du strial u k 5 guilds . In U r agina s cone we read :

n - zzZ- l i - a - ta e From a former tim ,

‘ nnm nn - e - a - i a from the beginning ,

na- oi - a unto this day,

lir- ma - la/z- ge the boatman by ' m a é ' z z e the boat liv s, i ’ ansn n - an - li by the ass the muleteer,

’ é- z z e liv s, ’ ’ nan n - aa - Zi by the sheep the sh e pherd

e liv s , ' ' n - sar a sar) from the low - lying vegetable garden ’ essad- o u the dyke - tende r

’ é - i a lives . — C0 1. 1 . 2 These lines , in contrast with VII 7 35 which state U ruka ina the that g released boatman from the boat, the

e f e - sheph rd rom the ass and sh ep , and the dyke tender from i the garden , suggest that in this early t me a system of trade

e . e guilds xisted Had we further evid nce to support it, these lines might refe r to a caste system which U ru kagin a strove to

e . e e o eradicat In xpressing family r lationship, the Babyl nians “ ” h e e e t e tc . often referr d to th mselves as son of the baker , The gentes or guilds reﬂect the old tribal organization and show the e ki nd a solidarity of the group . Thes groups or possessed

r e e a right of intervention in alienation of p operty, mal or femal 6 r re presentative s having power to exercise the ight. It is “ e o e possible, how ver, that a pers n call d son of a baker or

e e e . the like, was one who had b n adopted to learn the trad 7 The Code provid e s that a man may adopt his apprentice .

This would indicate that there was no iron - bound rule requiring a man to follow the trade of the family into which he was

r e h bo n , and it may indicate that to nter anot er trade, he must

1 2 BE 1 . 1 2 . ADD II $ 1 73 . (A) XVII () p 4

b . 8: . 1 2 1 . 3 AJSL XXVII 20 1 (). 4 Johns Bab Ass

l . LII . 5 Con e B C . Cf. Déc . p 6 1 88 1 8 . I I 1 0 . 7 ADD 3} 4 , 9 a cl im legal adoption into a family engaged in that trade . Johns ’l su e sts gg that with the increase in the number of slaves, and

o ld their entrance into the trades, the artisan guilds may have been supplanted and gradually dissolved . In some instances w e e e se m to have examples of home work, larg amounts of wool and other raw mate rial being he ld by the templ e or palace and given out under bond to private establishments

2 for work .

e e As the industrial life b came more complicated, a deﬁnit

e e system of bookk ping arose . The many offerings given to the e e t mples, the tithes, the wages of t mple ofﬁcials and industrial workers, the records of consignments , must all be recorded .

e e For the early period we hav a larg number of temple records ,

s o e e account of oil, wool, and so f rth , rec iv d and recorded by

3 e 4 e e the priests , accounts of r eds and wood, records of deliv ri s 6 5 o fﬁ cials of produce, consignments of provisions for temple , 8 e 7 e o inventori s, and gifts . Interesting xamples of ancient b ok

- 9 An e he - keeping are pay rolls . early tabl t giving t pay roll of

1 0 e e l . a templ , has spac for the ﬁgures left b ank The Cassite

e o period had a highly d veloped form of b okkeeping, less

erio ds I I awkward , and more systematic than that of preceding p . The payrolls show that the wages o f women were lower than "2 e e e those of men and the wag s of childr n still l ss . The acti vit e y of women in industrial and public lif , and their legal rights, are among the most note worthy phe nomena of Mes o potamian x liz tio n 3 civi a .

e Wages wer paid either in produce or in currency, and the average wage per year for a workman has bee n estimated as

I 2 1 2 . . . 0 . Johns Bab . Ass . 1 0p cit 2 3

3 . u e ume e . YBT . . Cf H ss y S rian Tabl ts Vols I II ; Vol IV, V

4 A SL 2 2 2 0 1 8 . J XXVII 3 , XXVIII 7 , XXIX 3

5 f A S 6 f. PSB A 1 0 f. RA VIII 1 83 IV 69 . ; J O XXXIII 1 7 ; XXXIV 9 ; BE

IX (1 ) 2 1 . 6 8 . BE 2 8 . 1 6 . 1 . 1 RA VI 3 5 7 op . cit 44 ; I () 9 RA VI 4

- 9 1 A SL 1 8 2 08 Thureau e . de RA XII 5 ; J XXVII 9 ; XXXIII ; Dangin, Inv nt

e . 61 8 BE 1 . 62 B E 1 . 68 HL C . 1 1 T llo II No ; VIII () p ; (A) III () p ; III, Pl 3 ,

1 0 1 1 . 4 JAOS XVIII 363 . I ! A L H LC 1 8 . S 2 82 . B E . 2 m J XXIII ; Cf also (A) XV No 5 , passi ; and I 1 2 . BE 8 . Cf (A) XIV No . 5 I — 3 o r u e u e e . F f rth r disc ssion s e pp . 5 3 5 4; 60 not 4 — 45

‘ z ﬁve shekels . But the study of the standardi ation of wages

. We belongs rather to an economic discussion may note,

n however, that the Code regulates the fees for builders, boatme ,

the oxen by year, ﬁeld laborers , herdsmen , shepherds, and

2 animals and men . A curious arrangement is recorded in 5 273 wh e reby a laborer receives more pay for the first five m onths of the year than for the last months . This brief sketch of the principal business relationships as practiced in Babylonia and Assyria reveals the chief moral te ndencies in the commercial world . We have noted that from the earliest time to which our written documents refer, property right o f the individual was recognize d and resp e cted ; the protection of property was no longer left entirely to the l family or individual , but was controlled by law, either by civi or sacerdotal officials . While we have only small fragments

e z of such laws , it is probabl that attempts to standardi e them for the mutual advantage of the inhabitants of Sumer was made early . The marriage and divorce customs were not only to e regulat relations between the sexes, but were considered in

e . the same light as laws governing prop rty right Sale, rent, taxation, loans, were controlled by civil law, subject to deﬁnite legal procedure , which when transacted, could not be annulled without recourse to a court . The phraseology of the various

s u types of contract testifies to the reg larity of legal control . The moral principle of the pledge and o fsurety early emerged and developed a legal code which shows a highly developed sense of moral obligation . Though we are justified in first discussing some of the moral

the tendencies of nation , we ﬁnd the fundamental social unit l in the fami y. That the solidarity of the family as such persisted , may be seen from a document of the time of Na

3 - b o nidu s. A woman brought suit against a certain Nabu akhi iddin because she had not received payment for a slave she had sold to him . The defendant produced a receipt proving that the payment had been made to the sons of the plai ntiff.

Investigation showed that the sons had embezzled the money .

w z I Jastro Civili ation 3 5 3 . 2 — . 2 2 8 2 2 2 2 8 2 61 2 68 2 . Cf $5 , 34, 43 , 5 7 , 5 , , 7 7

3 . : e u e e ed. . 2 6 . Cf Barton Assyrian and Babylonian Lit rat r , Aldin p 7 As e the a ff a penalty for having brought fals suit, pl inti had to pay the e ntire amount of the slave sale ; the woman was held e responsibl for the crimes of h e r sons .

The e the s e arly fragments assume legal statu of marriag ,

Th e o but give us divorce laws only . C de of Hammurapi de

e s 1 2 8 is e e e ﬁnit ly provide , S , that a marriage not l gal unl ss th re is a contract. A marriage usually involved som e s e ttle me nt ;

‘ ’ e tir a zam e the i e a betrothal pr sent, é , was giv n to br d s father, e i and if the groom broke the engagement, he must forf it th s,

5 1 59 . A docum e nt of the Ur perio d shows that the consent o f t ‘ both parents was necessary o annul a betrothal . But if the father of the bride later refused to allow his daughter to

tir atafn marry , he must double the amount of the é and return

1 e i z‘ 60. t r a am it to the groom, 8 The practic of giving this é to the parent of the woman may very probably be a relic of the

2 o e s o . primitive cust m of bride purchas , as Ja tr w maintains The ’ r feri ta the actual dowry or ma riage portion , é , given by bride s father to his daughter at marriage seems to have played an

o The e important part in c ntrolling the marital status . arly legal fragments do not furnish us with material relating to these marriage settlements . The Hammurapi Cod e provide s

' ‘ se i i n e e the he that the r k was to be r fund d to woman, she wife o r i n i tim o 1 1 8 in g , if divorced with ut cause, g 37 , 3 ; or to an A l 1 . va id wife returning to her father , $ 49 widow upon

1 2 . remarrying took her dowry with her, 5 7 Besides this

r na feriktn which was given at mar iage, a marriage gift or

’ aan nn was given by the husband to the wife, which at her

o e 1 1 1 2 . death bel nged to her childr n, 5 7 , 7 In the later Baby e e 3 loni an period , we ﬁnd among the laws published by P is r, — l Law C . . 1 , Col III 3 5 , a law providing for a double sett ement ; the the father of the son upon the groom , and father of the woman upon the bride, and neither party, it would seem, could

‘ o the tir azai n go back on its agreement . This c rresponds to é — Law . 2 1 of the Code . Another of these laws, E Col III 3 3 , ’ protected the bride s father who, having made an agreement

1 2 RA VIII 7 .

2 AOS . Jastrow Civilization p . 345 ; J XXXVI 5 3 Sitzungsb e richte de r K 6niglich en Akademie de r Wiss enschaften zu B e rlin

1 88 . 8 2 . 9, pp 5 f

These two laws show the inequality in the legal status of the man and woman ; it was a simple matter for a Sumerian man

o to rid himself of his wife . The nly other divorce law that we

e have from a p riod prior to the Hammurapi Code, appears on

e the same tabl t with the above quoted laws . Unfortunately ' e fi ace d the Obverse of this inscription is entirely , and as this l aw e diffi r ferring to divorce is the first on the Reverse, it is l in he the cult, especial y t light of five or six laws which follow, the to decide what was context that may have preceded .

e ‘ These laws, so long ntirely misunderstood , present a number of intere sting sociological points to be discussed later 2 in

e conn ction with Babylonian votaries . To quote only the Se mitic text of this law :

l - u - z u - éu - fu z a as- ma é Her divorce money he shall take,

' v '

l - z- 7za su - m su zf - ku as i in her g rdle he shall bind it, ' ffm 527 u - fe - szl su from the house he shall cause

her to go out. ' ' ‘ l - - - a - na ma - zz ma ma u i Zzé éz §u Forever a husband of her choice

l - - z éu as su she may marry .

He shall not sue her .

’ fu étzm In the Code, however, a g or Sal Me who had borne

e 3 childr n, if divorced without just cause , received her dowry and the income of the ﬁelds, garden, and goods to enable her l 1 to bring up her chi dren , $ 37 . If she had no children , she ' received from her husband the amount of her tzréatam and her

’ f é m 1 8 . erz m , g 3 If it happened that there had been no mar ria e e v o f i g s ttlement, the husband must gi e her one mana s lver,

I e 1 0. 8 39, or if he were a fr eman, mana, S 4 On the other he r hand, if a woman had neglected household, she received

1 1 . w e nothing, 5 4 If a oman resist d her husband and desired divorce, she could have a trial, and if found blameless, she ’ received her dowry and returned to her father s house, S These laws show considerable development over the Sumerian ; the wife is given fair trial, and there is in no case a death to penalty for the woman . Women once married were free

I — s A SL . 62 1 . V R 2 5 ; Tran . by Barton in J XXXVII pp 7 — 2 Se e PP 54 79

’

se e 8 . 3 For inte rpre tation of fugétzm and SAL ME p . 5

e 4 Cf. not 4 p . 47 . 1 2— marry again, whether divorced, S 37 , or widowed , 1 SS 7 4,

1 . r 77 The wife of a man who had dese ted his city and ﬂed ,

1 6. could also remarry, S 3 That it was the custom for a man to continue to live in his father’s house after marriage is im 1 1 plied by SS 5 5 and 56 . There is evidence from S 1 66 and from a legal document x that a man was not free to marry _ ’ without his father s consent, and from the abduction laws of the Yale text 2 it appears that a woman must have the con sent o f her parents . we Scanty as our material is for the early period , may trace a distinct development in the divorce regulations . We note the transfer of the payment of the divorce money from o fﬁ cials to the woman . The money which the woman received F D was at ﬁrst a nominal sum, and by the time of the irst y nasty, the amount received was regulated by the amount of

’ ' v ’ serzé zam her tzréamm and . From the earliest time the prevailing custom seems to have been to permit only one legal wife, and the Code allows con c bine s U ruka i na u . As early as the time of g there are found among his other social reforms, regulations against bigamy . The law gave the man a right to divorce his wife if he disco v wo 3 ered that she had been previously married to t men . l sal u d- éz m- e - ne (If) the woman before she was in his house ' ‘ m tafz 2 - za two men

’ m - tu - an g possessed, — ’ sal u d- d - - ne a e now the woman they, ’ ’ - l za - - l o af d a éz m fué the man who wishes sha l cast ff. It is possible to interpret this text as meanin g that the woman

e s had b en married to two men successively, but if thi be the case, it is difﬁcult to understand why the third husband should

l 4 u m necessari y wish to divorce her . Two frequently quoted , dated documents which Schorr assigns to the time of Sinmu S ballit record the marriage of two siste rs to one man . But it appears that one sister is to be subservient to the other.

1 . 1 2 u 1 2 . Cf. Johns Bab . Ass 7 , Cyr s 3 3 YE T . . 2 2 . 3 u e . . Vol I, p Oval Plaq , Déc L

4 . 8 etc . CT II 44 ; Schorr No 4 ; MAP 9, e s e e 1 2 u 5 M is n r in Alt Orient VII () 3 says probably not act al sister . 50

' ‘ fu - e - l zw The expression g which appears in the Code, has the ben interpreted as concubine, but interpretation of Peiser

1 and Landsberger seems the more probable . But whatever

' fu etzm function the g performed in Babylonian society, it is

‘ amzu z 1 certain that the served as a recogni ed concubine, SS 44, mtu 1 6 . a 4 If the bore children, her mistress could not sell

1 6 1 . amtu i her, SS 4 , 47 That the sons of an in a royal fam ly could hold full rank is indicated by the fact that the mother

’ of Esarhaddon was an amat. Further laws regulating morality within the family group are

those dealing with incest and adultery . The early legal frag

ments have no material relating to this . But incest is dealt with in the Code by four laws : concerning a man and his

e 1 daughter, p nalty, expulsion from the city S 54 ; father and

- in - 1 daughter law, penalty, father drowned S 55 ; a father and ’ e 1 6 his son s betrothed, penalty, father ﬁn d S 5 ; a man and his 1 mother after the death of his father, penalty, both burned S 57 ; ’ e a man and his father s chief wife who has borne children, p

I 8 . e 1 6 nalty, man disinherited S 5 Jastrow consid rs SS 5 and e 1 5 8 a late development, but in any case it will b noted that

z in only one circumstance is the woman penali ed . Adultery f ff was a capital o fense, the o enders being bound and thrown 1 2 into the river S 9 ; but the husband might save his wife , or the king his male servant . A man who forced a virgin who was betrothed , was put to death and the woman allowed to

e go free, S I 3O. If a man falsely accused his wif , she could take an oath in the name of the god and return to her house 1 1 S 3 ; on the other hand, if a wife was falsely accused because ' ’ v and mu tzsa of another man, for her husband s sake, ( ) , she must

e 1 2 . throw h rself into the river , S 3 e Children, legitimate or adopted , were ntirely under the con e trol of th ir parents , and any disloyalty was severely punished . I n L the Sumerian Family aws we read , to quote the Semitic version

' - — - l fu m ma ma m a na a - éz su If a child to its father,

' u Z- a - éz (at- m) My father (thou art) not

shall say,

I 2 See u e e . 8 A SL z6 f. disc ssion cit d b low p 5 . J XXIX ' u - al - la - d é - su g they shall brand him , ' "

- — - - - d é- éu (ud tu m) z sa ak ga~§u a fetter they shall bind upon him ' ' ' a - na kas z z- nam- u - sz¢ u p r and for money shall sell him .

’ ’ ﬁ rm- ma ma - rz a - na u m - mz- §u If a child to his mother,

’ ' ' ' ‘ “ ” a! u m- mz at- tz zé - l a - éz Thou art not my mother , shall

say,

‘ ma- ut- za - af- su u - al - éu - ma g his forehead they shall brand , x a - lcz- am u - za - a - za - ru - i a k Z in the city they shall belittle him ,

' ’ ' v u z- 7ta ézt u - se - su - su and from the house they cause him to go out . On a legal fragment of the Yale collection are found two laws

2 of a similar nature . One declares that if a child repudiate his

e parents , he shall leav the house and the neighborhood, but his father must ﬁrst give him his full share of the estate . The other declares that if the parents repudiate the child, he shall 3 go forth from the city . The same principle of punishment holds in the case of the adoption of a woman, who proving 4 i amat. d sin disloyal, was made an But a son who had been he rit d 5 e might be adopted by another. The Hammurapi Code allowed the child a trial before disin heritance could be brought about, and if found guiltless, the

o ff 1 68 . father could not cast him , S If the child had com mitte d ff a crime, he could be pardoned for ﬁrst o ense, but at ff o ff 1 6 . second o ense could be cut from sonship, S 9 But if t the rebellious son were adopted , he was cut off and re urned

1 86 . to the house of his real parents, S Should this rebellious NE R adopted son be that of a special class of society, the

' SE - GA or zzéruﬁ they must cut out his to ngu e S 1 92 ; if he hated his adopted father and mother because he had discovered his real parentage, they must pluck out his eye, 1 An S 93 . adopted son was protected by the law ; an artisan who had adopted a son as an apprentice, must teach him his — craft SS 1 88 9 ; a man must reckon the young adopted son among his own sons S 1 90 ; a man who had taken a young

1 — . u . Cf disc ssion pp 83 85 . 2 YBT . 2 8 . Vol I, No . , Laws 4 and 5

3 . L . Cf Schorr 9 . 4 O Z IX 5 34

5 YBT . . 0 . Vol II, No 5 6 — 0 8 . See Discussion pp . 7 7 5 2

child to rear, and who later acquired sons of his own , might o ff not cut him , he must give him one third of the portion

1 1 . of a son, but no real estate, S 9

A man had the right to sell his wife or son for debt . In the

he ‘ First Dynasty, could sell his daughter as a common slave, though it is doubtful whether he could actually sell his son as

e a slav . While the son was bound out in service however , his life was probably the same as that of an ordinary slave ; his services were estimated at the rate of a slave . A man could dispose of his son as proﬁt to his creditor for a maxi

o f e 1 1 mum thr e years, S 7 , or could conclude an arrangement ’ 2 to have his son s services used by creditors . In the later time 3 a man could give his wife for debt, but in this case she ser ved as an amm who was a co ncub ine ﬁ A daughter could be 5 sold by her mother .

As has been indicated, the marriage dowry constituted the ’ chief article of inheritance . A woman s dowry belonged to he r 1 62 1 1 s children, SS , 7 ; if she were childles , and the father ' ‘ in - azr law returned to the husband the marriage settlement,

’ ’ atam the feri fzu g , woman s dowry , l , belonged to the house of ’ 6 . her father, S I 3 If a woman s husband had not given her ’ a gift, she received her dowry and a portion of her husband s h o f 1 2 . estate equal to that a son, S 7 Her c ildren , after the death of their father, could not claim any property he might i t l have legally given her ; she could w ll such proper y to a chi d,

1 0 . but not to her brother, S 5 A favorite son could inherit not t only what his fa her had given him, but also, at the division

1 6 . of the estate, an equal amount with his brothers, S 5 In the case of a man who had had two wives, each of whom had e re borne children , the children received the dowries of th ir ’ s e ctive p mothers , and an equal division of their father s estate, 1 6 z S 7 . The children of a maid, if recogni ed by the father as ’ o 1 0 s ns, inherited equally with the wife s children S 7 ; if the z children had not been recogni ed by the father, they did not share with the children of the wife, but they and their mother

e e 1 1 . w w r given their freedom , S 7 If a wido left the house of her ﬁrst husband, and bore children to a second husband, at

1 2 3 A 1 . R 2 3 u . VIII CT I V 2 2 . Nabonid s 65 5 ‘ b e A 4 S e R x11 8 ﬁ CT vm 2 2 . 5 RA . , 4 . VIII 1 9 — 53

1 her death the children of each shared her dowry, S 73 , but if no t e she did bear children to her second husband, the childr n 1 of the ﬁrst rec eived her dowry, S 74. It is of interest to note that if a slave of the palace or a freeman married the daughte r of a patrician, the children might not be claimed for service by the owner of the slave, S I 7 5 . The children received the social status of the mother rather than of the father .

e Th late Babylonian laws have also reference to inheritance . Law D x provided that if a widower who had a married son

e should marry again , and his second wife should bear childr n , the sons of the second wife received a third of his prop e rty e La r maining. w K provided that on the death of a man who had married twice and had children by both marriages, the children of the ﬁrst wife could take two thirds o f the goods of ’ the e the father s house, and childr n of the second wife could 1 6 take one third . This law is inferior to Code S 7 which allows e the children the dowries of their respectiv mothers , and an ’ equal division of the fath e r s estate . Law F is analogous to

Code S 1 63 .

Several groups are worthy of special discussion , and of them none is more important than that of women . The appearance of women in public life is one of the most uniqu e features of t e Sumerian and Akkadian socie y . There are no trac s of the custom of keeping women in entire seclusion, in the oriental sense . This was true also of women of the royal family . Even in the early period they are found in ofﬁcial positions . Sargon I in the 2 6th year o f his reign appointed his daughter to be

“ ” 2 l ady of the Elamite region of Marharshi . In documents of the seventh century are found references to the ofﬁce of

' fakzntu o w fakmz , which was, on anal gy ith the , that of del e ate t 3 g or depu y, possibly parallel to the Persian satrap , an

' ' ’ The fakzi ztz ofﬁce probably dependent on the king s will . were

e doubtless women of royal rank . A woman app ars as a may 4 5 6 oress of a small district, as judge, and as scribe .

' ’ ’ ' ' ' I Pe is er : Sitzzmgséemcﬁl e o er K omglzc/z P ref/snit ch ) : Aé ademze der Wis-rm

‘c/za 2 .s tm 88 2 2 1 S u m 2 86 . 8 6 . 1135 . er f 1 9 Pt. King

3 1 1 80 e u e e e m ADD II SS 79, giv s list of occ rr nc s of this t r in Assyrian me u e e . 4 AD D 2 2 . doc nts tr at d No . 3

5 CT vm . z t 6 Cf Jastrow, Civili a ion 34 . 6 K . . 1 ADD 1 1 1 . 473 , Cf $ 5 3 54

Not only the women of nobility had freedom , but the aver

e e age woman was fr to enter industry , could contract legally,

‘ and negotiate all kinds of business transactions . The SAL

ME, a type of votary, was very active in buying and selling 2 real estate, and lending money . Women possessed large estates, they could act as sellers for their husbands in their e absenc , but do not appear in court apart from their hus 3 bands . It is probable, as shown in a document from the time

- ditana e of Ammi , that a married woman could not app ar in court alone, but that in case she was summoned or was the 4 initiator of a suit, her husband must appear in her stead . If this were true, by her marriage she lost, in part, her legal identity . On the othe r hand we ﬁnd a document interpreted by Opp e rt to record the case of a woman who becam e le gal guardian of 5 her husband . That she could enter into all kinds of business 6 relations has been shown above, and her name was as good 7 as that of a man , when attached to a pledge or note . The e nnu me rati o n of all the industrial capacities in which w women served, ould involve a detailed study of the economic 8 "o we 9 life ; ﬁnd women as millers , weavers, messengers, and stenographers The keeping of public beer houses was evidently an occupation exclusively of women of the lower 1 2 class . A class of women which must be considered in any dis cu ssion of Babylonian and Assyrian morals is that to which “ ” the general term votary may be tentatively applied . The exact interpretation of the functions of these women is invo lv

in ed considerable difﬁculty . There are fourteen sections in the Hammurapi Code which have been interpreted as applying

I e — For lat p eriod cf. BA IV (1 ) pp . 1 77 . 2 Se e u . 6 disc ssion p 0 note 4 . — 3 1 2 8 . ADD II S 1 06 . 4 RA VII 9 1 3 5 ZA — III 1 7 . 6 pp . 34 45 .

7 . . . 2 . Cf J P Morgan I No . 9 8 m e e A h rst Tabl ts 1 5 1 .

Thu r a - 9 e u e . de e 1 0 . Dangin , Inv nt T llo II () 7 9 , 794 1 ° PSBA 1 2 . XXXIII 1 f ZA XIX 384 .

- - . 1 m . SAL DUP SAR ; CT VI 46 cf Lindl p . 9 and passi 1 2 S A e 1 1 0 . m e e u e Sm . P B Cod S ; MAP No . 3 5 S ith Misc llan o s T xts 1 0 XXXVI 4 .

i 1 8 1 sign } appears before the NIN AN, and in SS 7 , 79 ‘ after it . Jastrow considers the NIN AN or SAL NIN AN as

e the e in the servic of god , hence, a sacr d prostitute, and the NIN AN SAL as in the service of a goddess and therefore

e e allowed to marry . Such a distinction, bas d evid ntly on the r in order, is a tiﬁcial ; Sumerian was certainly not precise the o e S cheil 2 the rd r of signs . held that SAL and the NIN AN represented the same class of persons . Barton, Lyon, and U ngn ad interpret the sign as referring to a separate “ : e class from the NIN AN, and hence translate If the wif of 3 “ ” 4 i e e e tc . a god, priestess, etc ; Wenn e ne Hi rodul , Priesterin,

1 2 . NIN AN appears without accompanying it, in S 7 The re is therefore the possibility that this sign when used in composition is a determinative of ofﬁce .

' ' ’ ’ ‘ 6 The z zmzzfzu m z z- z/e- ru - u m 5 has been interpreted : Harp e r ” “ ” 8 “ ” U n nad 7 S che il devotee ; g , Hure ; , femme publique ; “ ” “ “ ” “ “ 9 Co o k ll o e e e Winkler, Buhldirne ; , courtesan ; Dhorm , f mm ” xz “ ” a B arto n 3 21 2734 11 4 17” m le ; , sacred harlot according as ’ “ ” ' zzé aru zzkaru has been identiﬁed with , to name , or , “ ” - - The SAL E GE A may b e transliterate d bride .

m enio ne d e 1 80. and is only in S H re again, various inter I re tatio ns ffe : S che il s p have been o red , transliterates

' ' “ ” 1 6 t U n nad e zffz at P a zm and ranslates bride ; g , translit rates pp () g g , “ ” “ e i B arto n x7 and translates, ine Priester n ; , translates a priestess ” - GE - A living in the appointed house . The expression MAL

’ 1 1 0 appears in S ; in Harper s edition of the Code, no trans is ffe e e lation for the group of signs o r d , but in subsequ nt x8 no te s MAL he considers a scribal e rror fo r E . Winckler and ” u “ ” ‘9 “ M ller translate Frauenhaus , and Peiser , Harem .

I A L 2 S 1 0 . 0 Dél . 8 . e . J XXXVI () 3 , n 5 . IV 7 n

3 . Arch Bib . 3 3 1 . 4 KU I 54. s 8 1 80 6 1 1 1 8 1 2 1 . H am . w . 6 etc . 35 7 , 79, , 7 , 9 , 93 La s p 5 K 3 7 U . . de . 2 n d e d. 8 . I p 5 3 La loi Ham p . 3 D i e G e e ze H am 9 . . s t p 5 2 if.

1 0 w e e H am. . La s of Mos s and Cod of p 1 48 . H e Ass ro - I 2 . . 00 . . . 1 . La R ligion y Bab p 3 Arch Bib p . 33

' I 3 K “ ’ U . I p 5 3 n . 3 ode r ist aw al at zzém e twa als Zwitter zu verstehen ? “ ” . Dél . . 8 . 2 em e e da ma cf also IV p 7 n f ll l e . I 1 x6 4 . 5 D él . . 8 KU 6 . M 445 9 IV p 9. I 54 ; II 9

I 1 8 I . . . A K 7 2 . Arch Bib p 33 1 J SL XXII 1 5 . 9 U I 3 SAL 1 8 1 ME NU GIG, S , may be transliterated “ ” 2 e temple prostitute . It has been translated by Rog rs and “ “ ” Harper as votary , by Barton , sacred harlot , by Johns , “ ” “ e U n n ad e e e 3 templ maid , by g , ein Priest rin , Dirne Dhorm

’ ' ‘ adzszu he r the z er considers the é a prostitute, identifying and

’ ' ' mafztz; zff r z [9 22 7q with the a z u . is connected with the root im 2 1 8 p, which is used in Deut . 3 , a law against sacred prosti a 4 t tes, male and female . ’ ’ “ 1 8 1 5 z ermarztam In S NU BAR, may be transliterated ﬁ one ” 7 e that throws away seed . Harper, leav s the term untranslated ; ” 8 “ ” 9 “ 1 ° Barton translates temple maid ; Johns , virgin ; Rogers “ ” ” “ ” hie rodule ; U ngnad Te mpl e madche n ; with the suggestion “ ” 1 2 “ ” x of the possibility of Jungfrau ; S che il la p e titi ; while Jastro w 3 interprets it as one who vows herself to chastity . These in brief are the classes of vowed women provided

: SAL the for by the Hammurapi Code the ME, SAL ME

' ' ’ A th m ’ m N zznnz§fu z zlérzz e z er aszta . NIN , the , the and

e e B fore attempting to decide what, if any , distinction xisted e t betwe n hem, it is necessary to compare the sections of the

Code which mention them . S 40 has been interpreted by some scholars to have no re e II . . X fer nce to a votary The ﬁrst sign, Stele Col is read v v “ assu S cheil as by , translated a preposition, pour and inter 4 l s pre te d as a pun !x Peiser regards the sign as used for fu mma . D “ ” 1 6 ai che s holds that the meaning votary is improbabl e . If — the sign of the original inscription is 1} IL as S cheil and

Harper read it, in the light of our knowledge of business trans actions into which a SAL ME entered, instances of which are

nu me ro u s I 7 0 a very , it does not seem improbable that S 4 p A plied to the S L ME class .

I . 20 Se e VI . B 1 7 . also K B (1 ) 439 2 3 0 . MA 9 1 0 (a). RA X1 1 7 1 A . . Gen . 8 . 5 Z 4 Cf 3 Hos . 4 4 XXIV 345 6 m . w . 6 . 1 . H a M 1 47 ; cf MA 2 97 (a). 7 La s p 9 3 1 . . . 60 . Arch . Bib . 33 . 9 Johns Bab Ass p 1 0 Gun . . . . 2 . Par to O T . p 44 ! KU . 2 . I I 5 5 , and n

I 2 x Dél . 8 . 3 AOS 0 . 1 . IV 7 J XXXVI 3 , n 5 x D l . V . . 2 0 é I 3 7 n 3 5 KU I . 1 6 1 e . 60 . ZA XVIII 2 06 . 7 See not 4 p 58

1 1 — a SS 37, 44 7 have been construed as pplying to a regular ‘ — affazam t wife . If the sign F is read , it mus be noted , that affamm occurs in the Code phonetically written thirty

e e e thre times, and in all of these instanc s, it clearly m ans “ e wife Of the eleven cases in which is used, sev n

w : 0 1 1 0 1 8 1 1 80 1 8 1 1 82 . apply to a vo ed woman SS 4 , , 7 , 79, , , e e affamm e Ther is a possibility therefor , that had b en intended ,

I it would have been written phonetically . Lu cke nb ill bases an

‘ argument for the reading affazam upon the n e w versions of “ e Po eb el 3 portions of the Cod , published by Langdon and , which he believes use the sign DAM instead of e SAL ME . He not s that Langdon himself is doubtful whether

the his copy is correct, but considers appearance of the sign ’ ’ in Po e b el s text as conclusive proof that Langdon s Copy is correct and this group of laws refers to the regular wife . An ’ Po eb el s examination of text, however, renders this conclusion precarious ; the tablet appears to be considerably worn away, the trac e s of the sign as indicated by Po eb el are quite iu suf

ﬁ cie nt to establish any proof. The sign might equally well be

e e NIN . But if the sign int nded is DAM, in r cognition of the variant script of the Hammurapi period, there is the possibility that DAM was substituted for the SAL ME of the stele text ; we have a strong analogy in the exchange of SAL and SAL 4 ME in the business documents . Some regulation dealing ’ with a man s right to take a concubine, would , however, be expected .

’ 5 2 1 fu e tzm 1 1 — The interpretation of g of SS 37 , 44 7 , as con ide nti cubine has for a long time been held, and its possible 5 ﬁ cation by dissimilation with advocated . It has likewise ' ﬁ been considered to be connected with samz Whether it is to 8 t 7 tha 1 6 sarm u m . t be read , is questioned Peiser has noted S 4 and 1 48 of the Code are parallel in that they provide for the

' f 1 6 m l fu - e - tzm securing of of spring . In S 4 the term g is used, l ' in 1 8 sa - m tzm 1 6 and S 4 , ; S 4 concerns the married SAL ME ,

I A L 2 E S 2 . B 2 2 . 1 . 11 . J XXXIV (A) XXXI No . , Obv , Col

3 B E . . C 01 1 0 . V No 93 .

4 Se e e . 60 s 6 OLZ 1 1 . not 4 p . ZA XV 3 9 ; VII 7 6 ' . 1 2 1 2 . e z S u mm rc/ze: Glossar . 1 00 . Br 7 3 , M 5 4 D lit sch , S 8 K . 1 68 . 7 U II S OLZ XVIII 7 3 . 59

I 1 8 af- fa- tam Landsb e r r S 4 the . ge has tried to show that the ' fugétzm w as a secondary priestess who bore children for the SAL

. the e ME Such an interpretation , besides explaining fr quently mentioned document recording the marriage of two sisters to 2 1 8 1 8 . one man , makes more intelligible S 3 , 4 of the Code These laws immediately follow those dealing with the dowry of pries

te sse s we o 1 of various classes . If accept this interpretati n of 5 4g? ' tzm , we have only one law in the Code relating to an ordinary 1 8 — a concubine, S 4 , law making concubinage legal in case of — fe . 1 1 illness of the wi Now if we assume that SS 37 , 44 7 applies

to the SAL ME, this type of votary might marry and have

the children . Lyon believes that, with possible exception of the

' ' ’ ‘ 3 z znmfzu z zkru . alé du , no votary bore children The word is never in applied to her, though used about twenty times the Code with

’ ’ fu étzm reference to the regular wife, g , and widow who married “ ” r again . The vota y causes her husband to have children , i e ,

' ’ / afar52 t és 1 . , u f a z. This distinction is particularly striking in S 37 f Lyon there ore concludes that the votary wife was barren, and r that he marriage was late in life . In this connection we may note in a bilingual religious text from Assur, published by Ebe ’ 4 5 al ci au 2: 32: 7 l ling and translated by Maynard , the verbs and The words are used in a manner that would indicate that the d writer considered them synonymous . The incantation is a dressed to Enlil ; the Akkadian of the line in question reads ’ v “ 3 3 - - - - - i - Z s é f i n (M M gel 2 7 2 22 u d a su u var u u by whom (e . Enlil) for my husband I have borne him , I have brought him

‘ zzz- u d- éa - an - za The Sumerian of the line has only the verb . ' The uldusu u §aréu§zz represents a double translation of the t tw o single Sumerian verb . The dis inction between the verbs which Lyon so strongly urge s is not entirely unquestionable .

A document from the time of Samsi - ilu na records the ﬁ 27” Samas Ist 7 marriage of a SAL Another, of the dynasty

’ gives an account of the dowry of a SAL [Marduk u ze m zafzmm who is to marry the son of a priest of Ishtar ; it states that for all time her children shall be her This does not

I 2 ZA 68 KU 2 . 3 . 1 . XXX . , 3 Toy Vol 3 5 ' — 4 I Qil rc/zr tfexfe am Ami /r : Rel z ziism [ﬁ li al/r . 1 . . 8 . gf lg , No 4 Obv Col I 9 — 6 5 A SL V . 0 . J XXXI 3 7 39 MAP No . 9

7 1 8 . BE (A) VI () No . 4 prove that they were children whom she had borne ; these documents only show that these women married , and present the possibility that they bore children . The suggestion of

‘ Johns that a votary , though married, must keep a vow of virginity , seems untenable. But we know that they sometimes ’ adopted children ; and in one case 3 a SAL ME gave her son

- the re to a married couple as foster child, penalties for the

e pu diatio n of his foster parents being enumerat d . The SAL ME were free to enter into all kinds of business

e the relations, as an xamination of contract tablets shows . The table ts are large ly concerned with the business interests of the S SAL or SAL ME of amas , though there are some which

e e x> relat to votari s dedicated to other gods . We ﬁnd > ” L ﬁ‘ 72 A x>n>l Y(SAL 2 Samar) quite as often as v>+ >>Y Y(SAL ME 27” It is obvious that the two terms are used

e interchang ably, as the occasional appearance of both expres

the the sions on same tablet referring to same priestess, indi

e cates . The irr gularity of the Hammurapi script often makes it impossible to distinguish which was intended . A classiﬁed 4 list serves to illustrate the diversity of interests of these women .

I . . 1 . 1 . Johns Bab Ass . p 37 ; Hastings Bib Dict . V 59 Cf. also King

’

H i st. B ab. . 1 8 . e e SOR 8 p 7 and M rc r J II 5 . 2 a 1 6 CT VIII 5 ; Schorr p . 3 5 : CT II 4 ; Schorr p . 3

3 E 1 1 . B (A) VI () No . 7 ADOPTION

BE (A) VI (1 ) No . 1 7 .

B E 1 . 6 (A) VI () No 9 .

CT II . 41 Schorr No . 1 9 .

. a 1 8 . CT VIII 5 Schorr No . BUILDING 1 8 Schorr No . 9 A

2 01 . Schorr No . E XCHANGE 1 Schorr No . 1 3 (Land).

Schorr No . 1 1 4 GIFTS 0 P . 7 Schorr ABR III 2 7 (Re al E state) — VS VII I 33 34 2 1 0 CT VI Schorr No . 2 1 3 zo a 2 CT VIII Schorr No . 1 5 - 6 1

The NIN AN or m m was not permitted to conduct or even 0 1 1 0 enter a wine sh p , S ; she was protected from slander as

e E e VS VIII 3 Schorr No . 2 1 3 (R al stat ) B E 2 2 06 (A) VI () 70 Schorr No .

TD 0 . 2 1 e 9 Schorr No 4. (Slav ) — 2 VS VIII 33 34 Schorr NO. 1 6 8 a CT VIII 4 Schorr No . 2 7 I 2 0 n 2 CT VI I 9 Li dl p . 4 HIRE

. 2 MAP No 68 PI. 3

88 . MAP No . p 59 0 MAP No . 7 B E (A) VI (1 ) 36

MAP No . 73

MAP No . 74 VS IX 1 5 7 INHERITANCE

MAP No . 1 05

MAP No . 1 1 1 — TD 98 99 VS IX 1 30 — VS IX 1 44 1 45 VS IX 2 1 6 LAW SUIT in Schorr No . 297 (Pla tiﬁ)

Schorr No . 2 68

Schorr No . 2 78 ( 2 60 Schorr NO. 1 Schorr No . 3 7 (D efendant)

Schorr No . 2 8 1 LOAN 82 —8 TD 3 Schorr No . 1 07 (Bricks) 1 VS IX 73 Schorr No . 68 (Corn) 8 CT VIII 33 b Schorr o . 4 — N VS VIII 93 94 Schorr No . 45 n 2 2 MAP No . n 1

MAP No . 24 I V 2 0 0 CT Schorr No . 1 0 8 (Onions) B E 1 (A) VI () No . (Money) a h 2 6 CT VIII 4 Schorr No . 7 ( — 8 VS VIII 47 4 Schorr No . 49 2 MAP No . 1 MAP NO. 1 3 — VAT 1 474 A B th e I Z was legal wife, S 7 (it is to be noted that there was no

’ ’ ’ kadzftu zer szt such provision made for the , ma u , or If

LEASE BE A V ( ) I (1 ) 74. PURCHASE b 2 2 CT VI 7 Lindl p . (Land) 2 CT II 1 7 Lindl p . 3 CT IV 44 h AJSL XXX 1 8 1 CT IV 1 9 b AJSL XXX 1 93 CT II 3 AJSL XXX 1 70 CT II 5 AJSL XXX 1 9 1 CT II 7 AJSL XXX 1 83 CT II 42 AJSL XXX 1 8 7 (Orchard) b 6 CT VI 48 Schorr No . 5 (Land) 1 B E (A) VI (1 ) No . 3 CT IV 5 0 a KU III 380 CT VIII 2 3 c KU III 389 2 b 6 CT VIII 5 Schorr No . 9

BE 1 61 . A (A) VI () No . Schorr No 95 A L u e CT IV 2 0 9. JS XXX 1 77 (Ho s )

VS V1 11 5 8 Schorr No . 87

E A v1 1 0 . 2 B ( ) (1 ) No . 5 Schorr No 9 8 TD 75 Schorr No . 8 CT II 2 6 AJSL XXX 1 78 1 MAP N O. 3 O 0 MAP N . 4 RENTAL BE (A) VI (1 ) 3 3 a B E (A) VI (I) 3 5

TD 1 06 Schorr No . 1 43 BE (A) VI (1 ) 5 1 BE (A) VI (1 ) 5 CT VIII 4o b CT VIII 1 7 h BE (A) VI (1 ) 42 F 1 1

CT VI 40 a CT VIII 1 5 c — VS VI H 99 1 00 P 1 3 MI SCELLANEOUS h u CT VIII 49 Schorr No . 1 5 (SAL ME Mard k) CT VIII 6 a KU 1 11 45 0 CT IV 1 1 b AJSL XXX 1 89

BE (A) v1 (2) p . 45 NINIB)

‘ ” 2 - - 3 a a a . ide nti D, which Clay translates resting place Jensen 58 3 “ ” ﬁes it with the root , to rest, and considers it equivalent ' ’ “ ” zm u . to , bed He rodotus further states that this priestess was chosen by 4 the god from all the women of the land . Jastrow observes that the Yale Nabonidus text states that through omens the “ ” e 3 7 5527 god showed that he d sired, , the princess ; the word “ ” e e w is used for b troth d in the corresponding Hebre form , “ ” and in Babylonian is a synonym for husband iru , — 6 . PI. c d II R 3 , 39 ) We have two inscriptions which give details of ceremonies undoubtedly connected with the customs Herodotus records in connection with the ziggurat : one s des crib e s e the d dication of a couch for the god Nabu, who is said to enter the chamber on the third day of the month Am the other 6 also records ceremonies of consecrating a couch of a god . The ﬁrst of these inscriptions, and the opening lines of the Y ale cylinder indicate that ceremonies of this nature took place at a stated time . The second inscription implies

ff e that the priestess who ofﬁciated was a virgin . Was a di er nt m m chosen to represent the wife of the god at each fe stival Was it possible that her term of ofﬁce lasted only during the ? ? festival If this was the case, what became of her afterward The fact that there are so few references to a NIN - AN outside the

Code would argue rather for the position, that she held her ofﬁce as long as she lived . Herodotus states that the priestess of the chamber could not have intercourse with mortal man . While it is true that the marital relations of the gods as the

Babylonians conceived them, are greatly confused ; because of the stringent laws against adultery the Code contains, it is reasonable to suppose there was a feeling that only one wo

e man represented the chi f wife of the god . It may be there

o fore, that the NIN AN was the nly class of priestess of whom

1 m e m m e . 2 1 8 1. 2 2 . 1. . . e G e Col. II 4 cf sa t r in ilga sh Fragm nt BE X (3) p

i n e ruka i na e Co l . 1. 1 0 In conn e ct on with this it is i te re sting to not U g Con IX , “ ” - ar sa l aZ- sal m b e e e e one e the the u . I g g , ight int rpr t d, br ad for woman of co ch 2 YBT 6 . 3 1 . 0 . Vol . I, p . 7 KB VI () p 4 9

1 20 . 4 AJSL XXXIII p .

s e . . e e 6 . . ze Ma i c Art 1 0 . Harp r Ass Bab L tt rs No . 5 Cf Fra r, g II 3

6 6 e e 6 . K 1 4, translit rat d in BA II 35 5 5

virginity was required . That a king should dedicate his daughter as a NIN AN would signify that it was an ofﬁce which had ‘ considerable prestige . “ The term SAL ME E - GE - A bride appears only 1 0 in S 8 . As the Sumerian implies that she was connected with a special house, this may be a variant term for the NIN

- G - AN who lived in the E I PAR . That this is a reasonable 8 1 80 . 1 1 supposition is shown by the content of S SS 7 , 79 deal ' ' ' with the inheritance rights of the NIN AN and z znnzftu zzlem t ﬁrst, whose father has given a dowry and writ en a deed of

i not g ft, but has given her right to will ; second, whose father [ms has given a dowry and written a deed of gift, and given 1 her right to will to whom she please . Now S 80 provides for ’ ' ‘ ME kallé zzm 2 231 7221512 zé G the dowerless SAL or z ru . onse

' kallé tzm quently if the is not identiﬁed with the NIN AN, there

‘ ' all cz m is no provision for the dowerless NIN AN . The term é tz

’ is in the religious literature sometimes applied to Ishtar . These laws show that the NIN AN could hold property : there are 3 a few documents relating to real estate of a NIN AN . The precedin g discussion tends to establish the identity of the NIN AN or 27227; as the high priestess who represented the

z : real wife of the god, and presided in the iggurat chamber because she was not permitted to enter a wine shop, which appears to have been the rendezvous of the vicious elements of society 4 because she alone was protected from slander as was the regular legal wife ; because she was sometimes of royal family, and her position appears to have been one of honor ;

I ’ Fo r e m e the e me . e e an xa pl of high position of a votary in arly ti s , cf M y r s ’ e e the ue u n e the u e and King s int rpr tation of plaq of Ur i a ; i , that standing ﬁg r

u i e e e u e t she e e h e r facing Ur na r pr s nts his votary da ght r, and hat is att nd d by ‘ ’ Akur a e Su m . an d S em i E st. c S u mer an d Aé é aa e l e . . broth r g (M y r, p 79 ; K ng, y ,

1 1 u e e the e she . p . 5 , This of co rs giv s no hint of typ of votary was In m e e e e . 2 Re v . 1. 1 conn ction with this not also No 7 of A h rst Tabl ts , which “ ” e e an him SE S NI N e the . d signat s ofﬁcial by calling AN, broth r of NIN AN

D l . 608 . 11 1. sns ME . Cf. also é IV Col 7 SAL 2 5 e e . xxx1 1 me . KAT 2 Zim rn 3, 43 , 3 As appli d to godd ss Ai , cf CT — 1 . 1 2 C01. 1 2 2 . e l e ure : 0. pl . 4, Col I 7, 5 ; XI , 3 In l gal it rat VAT 7 5 — - 3 2 2 a e e Thureau n e . de Tell o . 1 . CT VI poss ssion of a ﬁ ld ; Dangi , Inv nt , p 5 '

. 1 2 6 e u b . KU I V 8 . 2 Kallétzm No 4 , t xt not p VS VIII 5 5 ; 7 5 , Schorr No 4 , a give s a slave to temple s e rvic e .

4 Se e implication of S 1 09 . and because we have no inscriptions which record a NIN AN marrying, adopting children , or giving children for adoption .

r e Johns w ites in r ference to the votary class as a whole, “nowhere in the code or elsewhere is there any trace of the e vil reputation which Greek writers assign to these ladies , and

e the translations which make th m prostitutes , or unchaste, are e fl not to be acc pted . Greek in uence may have corrupted their It is hardly nec e ssary to revert to Greek writers to

ﬁnd unmistakable traces, aside from any we may believe to

rac be in the code , of prostitution as a part of the religious p tices ; and it is scarcely probable that by the time of H ero do

e . tus at l ast , there had been sufﬁcient Greek inﬂuence to corrupt the social structure of Babylonian society to any appreciable degree . The worship of Ishtar, who was funda

o f mentally the goddess fertility, naturally involved practices w “ 3 hich appear licentious . Herodotus, Strabo , the writer of

4 e the apocryphal Jeremiah, and the metaphors us d in the Old

e 5 Testament and the statements made by its prophetical writ rs , in combine testifying that not only did such practices exist , but that they were prevalent to a late period . Whether the assertion of Herodotus 6 that every Babylonian woman must o penly sacriﬁce her virginity as a religious rite is correct 7 8 cannot be proved from the inscriptions . Langdon believes that “there is not the least doubt but that throughout Sumerian and Babylonian religion, these peoples were convinced that immoral sacriﬁces were demanded as an offering to the Mother Goddess to secure her protection for legitimate birth and b e ” 9 getting . A study of the religious literature shows that the idea o f women devoted to the gods, is a fundamental element in the

“0 Ishtar cult . Ishtar herself is addressed as a devotee . In the E ab ani Gilgamish Epic, , after he has been seduced by the

I ’ 2 82 1 . e . 1 . . 1 8 1 1 Hastings Bibl Dict V 59 Bk I , , 99 — 3 2 0 . 1 . XVI l 4 Vs . 4 43 2 6 . S A . 1 6 . 1 5 e x. E ze . 1 6 e r. . d CW For k J 3 ; cf also War , p 9 , ﬁg 5 6 — m . f. the u . 1 . 2 . zo e re Bk I 5 99 7 BE X () p 1 95 l . possibl to c sto 8 Tam . and Ish . p . 74. “ ” - 9 e e e . . . 1 0 . Ishtar as prot ctor of child b ar r , cf RA IX 7 , Obv l 1 0 ee e . a . . 6 S r fs in T m and Ish p . 7 . 321 772 2 1 1L U khat “ divine harlot ( 17 ) , , goes to the city of Uruk ; “ Ann a city elsewhere called the dwellingof and Ishtar, the

' ' ’ kzzrétz ukké tz 2 e f 60 — city of , , and In V R 4 , 5 “ . 1 2 6 ardatu m (CT 9, ) sacred priestesses are enumerated as , ’ ' ” M i a/tum w ax/aka arzmtu an m ufemé tu . , , é , Hammu ' ' A’zz rétz rapi assumes that the were regular temple women ,

e s when in a letter addressed to a governor, he ord r that the goddesses of the land of E mu tb al should be brought to B a b lo n e 4 y and that the should follow after the goddess s .

' The uékci tz were undoubtedly representatives of the same

’ ’ characte r as U khat in the Epic . ﬁ an mtz app e ars frequently ’ ﬁ the 5 e fam az Ininni in Epic, and is evid ntly synonymous with é

' ’ l ‘ “ a - rz zm - zu m m - zm- tu m (Ishtar) is described as é , loving cour ” 7 Z 8 tesan . A text published by immern contains a warning

- - l - a rzm tu zif- ta - rz m 2 27 ma against associating with the é , , or The votaries or attendants of Ishtar are commonly referred to as the and Zimmern id e ntiﬁes them with the ’ ’ ’ ’ w éarzmtz and [mazfl zl Babylonian witchcraft portrays a class r of ha lot witches who enticed men ; they are called , among ’ ’ aazftu Ininni de si other names, é and is frequently g nate d z - , especially in the Tammu songs, as the NU GIG “ - AN - NA , the sacred harlot of or as “ - 3 NU GIG . Still another term used of the harlots or attendants of Ishtar ' ’ ' kar- Zzl B a l m an ai is . Langdon s éy o cont ns an incan

’ ' ' tation 21 ! k - Zz ai l mmzz the against the 2 6 dr l , who haunts streets and entices her lover ; she represents the female personiﬁcation l z h mn s of lust . Again, in a fragment of a Tammu y , we ﬁnd

I II 1. . . G m m e BE . 2 1 6 Rev . . . Cf ilga ish Frag nt , X (3) p Col I l 5 , 5 2 — WE 6 . H . 1 . v 1 2 2 . 3 . 2 6 1 . 1 1 Tab ol l . 7 K 9 Col (cf C — 1 . 1. 0 . 4 H am. e e . 8 . 5 . King, L tt rs III p Tab Col IV 3 33 6 . 8 6 . . 2 1 . . 1. 2 . BE . 2 1 Tab I Col . IV 4 , 43 ; cf X (3) p l 4, 5 and p 3 l , 9

A SL . 1 . 7 e e m e 6 1. cf. u e R isn r Hy n n No . 5 H ss y J XXIII p 49 — — 8 . 1. 2 0 2 . ZA . 6 6 : F u e . 8 . 9 XXIII p 3 7 3 9 rank, St di n p 4 Obv 3 2 0 — l ! I . 2 0 20 . 0 . . e e BB p . 39, 4 Bab and Ori ntal R cord V II p 5 9 2 1 GI G B E X 2 . 1 . 2 . 6 . BE (A) XXXI No . 4 l ; BL p 4 l 5 9 (MU ); () No 47 5

2 . 8 . 68 0 . . 2 . 1 2 . , p 1 5 ; No 9 Col I l , p 9

1 3 . 1 8 . 28 . 20 . RA X (3) p 5 ; CT XV p , l ’ I mme u e SOR 2 . 2 . . e e 4 BL p . 1 3 l . Cf M rc r s co nt on s ch passag s, J I 5

I 6 . 1 . S BE (A) XXXI p . 3 5 p . 3 l 7 ' ’ “ kdr Ininni c érz kar- l zk the expression and is alled the , child ” Kei r e begetting courtesan . is found in a legal docum nt d ating from the time of Hammurapi, which states that a mother

e K - d voted her adopted child as a ARA LIL, that she might

r h ‘ e support her fo ste mo t e r. This d mon of lust and Ininni are

' e zn 3 7741 4 k - r ferred to as virgins, “and the term g (1 2 ) i el 6 2 7 472 117 5) is applie d to Ininni as an unmarried maid who ’ ' ' - o f - - - is a child begetter . We read the (l ama sag azngzr azag ga “ ' ki - el ama 268 2 - 27 - kzel , First born son of the holy goddess, , ” 7 mother Bau . Ki el is also used of Ninlil in a myth which 8 e d scribes the courtship and marriage of Enlil and Ninlil . Ninib

9 z e applies the name to his spouse . A Tammu hymn r fers to ’ ' ' kid l o kzzrél z the of Ishtar s city, referring no doubt to the , ’ “ ukké tz e tc . , These illustrations are perhaps sufﬁcient to indicate that there were unmistakably bound up with the

o Ishtar cult, conceptions of the gods and religi us rites, of the real nature of which we have no knowledge, that are from a modern point of view immoral . Such references as given above do not seem to Lyon ‘3 to have any real connection with the votaries provided for by the

e t Cod . While Lyon admits tha there were excesses in connec w tion with the orship of Ishtar at Erech, he believes that we have no right to assume that the consecrated to other deities were dedicated to licentious practices . Ideas of the social relationships of the gods of any people tend to reﬂect the social institutions in existe nce at a given time . A funda m e ntal Semitic conception which grew out of their struggle for i existence in a nomadic desert life, was the worship of fertil ty

BE 2 . . I (A) VI () No 4 ; Schorr No . 1 1 2 . 1 8 f. Col . . . m . Babylonica IV p 7 , I l 4, 5 ; Col III passi

3 BE . 2 1. 1 1 6 . 1 . 2 1. 1 2 . 2 . (A) XXXI p 4 5 , ; cf BE X () p 5 ; Babylonica VI p 5

4 . B 1 1 1 3 5 5 B 983 1 . 6 r e x u A L . 6 Fo . e S 1 6 e e m en . , H ss y J XXIII p 9 l . 1 R isn r Hy n No 5 3 . Also

. 8 . 2 l H i . . . 1 . 1 BL p 3 l 4 ; and p Ann . Vol p 39 l 9 .

7 BE 2 . 1 1 al so 1 8 1 . 1 8 X () p 4 Cf. p . p 4 8 : . l . 1 1 m Barton MBI No 4 Col . I and passi . 9 A SL 1 I 0 1 J XXXIV p . 5 RA XII Pt . p . 35 I I . 6 . 2 . Cf p . 3 n I 2 ’ . e e 8 Rev 2 . . . 1 8 . 1 0 . Cf also Ishtar s D sc nt Obv l 7 , . . ; BE X () p 9 Obv l 5 ;

BE . 1 I. 1 . 1 1 . (A) XXXI p 3 , 3 ; BL p , No III I 3 . 60 . Toy Vol p . 3 69

1 and the sources of fertility in nature and in human life . This led to the early adoption of rites, which though innocent in primitive society, became, as morality advanced, a deterrent to social purity . The hymns and ritual of any religion portray its older ideals ; they are slow to reﬂect the more advanced ideas , or even the ideals of the mass of its adherents . Suppose that even before the period of Hammurapi, in which time so many of the hymns were put into writing, the conceptions expressed in the litur ical g literature were outgrown . Can we suppose that the

Babylonians, with their severe laws against incest and adultery, would continue to use in their worship hymns and praye rs

e which enunciated such crudities, unl ss those crudities actually received religious sanction ? If they did revolt against customs of this nature, why did they apply to their priestesses titles which by their religious use and etymology carried such a connotation ? For immoral practices to be a concomitant part of a civilization which demanded strict moral relationships on a the p rt of m an and wife is not unprecedented , as the social

- structure of India to day testiﬁes . If we had only the Code by which to gain our knowledge of these votaries, or, if we had only the religious literature, it might rightly be urged that we ha ve no proof of customs approaching those mentioned by

Herodotus . But since we have the combined evidence of the

Code , the religious literature, and the business documents, together with the testimony of the apocryphal epistl e of ld e Jeremiah, and the O Testament writ rs , we are forced to maintain that there existed in Babylonian society to a late period, temple women who were devoted to prostitution .

' ' ’ ' ' The kadzftz and zermai ztz of whom we have found frequent mention i n religious literature , are mentioned in the Code only 1 8 1 in S , which provides that if such a woman is dowerless , ’ she shall at her father s d eath receive one - third of the portion “ of a son, which, at her death belongs to her brothers . This

I e m . Cf. Barton , S itic Origins III

2 Cu z m D ocu men t: i n ut m e . 2 60 ub . G m or B cf. S ith Tabl t No p by rant in f

' ’ ‘ Me S mi l /z Coll e e Lzérar l . 20 kaaifzu e e u w e g j , p ; a is to inh rit q ally ith broth rs ;

8 w she u m b u t r e cf. CT. VIII Schorr No . 1 3 , sho s co ld arry that dow y w nt

r to he brothers . should be compared with S 1 8 2 which allows the SAL ME Marduk a right to will to whom she may ple ase ; and with

’ ’ S I SO which allows the dowerless m m and z zkru a full son s

' ’ ' t . ze as por ion In other words, the and rm ztz have the

‘ ‘ fu éz least provision of any of the votaries except the g zm . ]l Jastro w thinks this was becaus e they were well maintained by the e z t mple organi ation to which they belonged . They are

not frequently mentioned in business documents, but we have

evidence that they adopted and gave children for adoption ; “ Iltani , a gave her child to a family to nurse because

’ ’ ’ she was not able to support the child . A kaa zstzz of Adad in

’ the time of Samsu - ilu na 3 took a child to nurse for three year s but as the mothe r was not abl e to pay for the food or

e clothing, the child became the adopt d child of the The custom of giving a child to the care of others for a fe w 1 d 5 years was a common one as S 94 in icates . ’ The z zkm are under the same inheritance laws as

1 8 1 1 80 l e the NIN AN, SS 7 , 79, ; and their chi dr n under the same laws as those of a class o f persons usually de signate d

' the - - GA 7722 722 2 2 é nzm 1 8 1 2 1 as NER SE p ) SS 7 , 9 , 93 . Who ? 6 were the NER - SE - GA Jo hns considers them body - guards

k s - - GA e of the ing, but regard NER SE as a general titl not

borne by any one class of persons . Contract literature is full of references to such a class of ofﬁcials of the king ; messen “ ” 7 u e gers, and so forth . Winckler and M ller translat prostitute . 8 This expression has been transliterated GIR - SE - GA by U n gn ad;

I O ” 9 - - A M hrman and Langdon and GIR SIG G by y and Barton . “ Barton attaches to GIR the meaning to SIG, to pour

2 — 1 6 1 . 8 . w z . 08 . I Jastro , Civili ation , p 3 VS VII 7 ; Schorr No 7

- Thu re au . 4 . 2 1 . 3 i . 1 6 Dang n , TD No 4 VS VII 3 7 ; Schorr No 4

’ 5 / e N ou er m B a lam}: et l e 1 du e . . e e i n . 1 L s rn 94 Cf S h il RA XI p 7 5 , b S Cod 6 0 AJSL XIX p . 1 3 .

e e M hrm an 1 . 82 2 1 Un 7 Se e r e fs . coll ct d by y BE (A) III () p ; ADD 5 3 ;

nad . e e . H am . e . . 1 1 . 8 e e . . g , Bab Bri f p 33 7 ; King, L tt III p 4 l ; Harp r, L tt Nos

2 1 . 1 0 . 2 8 . 1 0 1 Rev . 1 0. 9 Obv 4, 54 Obv 7, 9 Obv , 4 5 , 8 “ ” e e . 9 2 1 tu e . Bab . Bri f p 33 7 . Babylonia IV , prosti t

I O Ob . cit . ’ ti e S odom i E e e II Ar cl on y in Hast ng s ncyclop dia of R ligion and Ethics,

Vol . Xl .

I 2 B 00 2 si n e e eu e mi m u bm da O W 4 4. This g Barton and oth rs consid r a ph s for p

u cf. Is . 7 R th 3 (4,

1 r around it. As there a e a great variety of animals sacred to h the Is tar cult, the probability is that as the Semitic peoples

dispersed, the kind of sacred animal worshipped varied with “ local conditions . Whether the women connected with the Ishtar cult formed

a sacred harem or not, we know there were also connected

with the Ishtar cult a group of eunuchs . In the Ira myth w e read : 3

v ’ v ' sa Uruk fa- éat 27“ A- azm u 272 [s- zar To Erech the abode of Ann and Ishtar

' ' ' ’ a! ki - zz - rZ- tz u - {za - a - zfu u ka - rzm - a - ﬂz) ' ’ ' u atz arzmzi City of the é , and ﬁ

° '

- - 7 1 dz ku u L em - 71a ” ku rgarz 7 ” 2 3 2720722) E anna Were called to , the eunuchs, eunuch

- - ” - - - - fa ( ma fap l a afl 72211? 27 [i tar zik ru su nu u - ti m (ma

SA(L U S - u

Who for the terror of the people, Ishtar had turned their man “ ” hood to Mannw eib lichke it

“ ° ” ' ’ ﬁ zz- as p al - 7 2 ﬁ zz- as nag- Za - éz kup -pi - z u sur th e They who bear the dagger , they who bear instrument of

- 5 e . cutting, the sword, the stone knif

' ' 6 The word z- sz)z( eunuch is asszna U R- SAL “ “ ” n ” mea ing literally female dog . dog is applied to male

Dent 2 1 9 z : 7 kar prostitutes in . 3 . A Tammu hymn has the line ' “ ar- m u m - na - ka zr nu a a - a - na g g g , the eunuchs of her city who wield the dagger no CT XV 44 K 3476 presents a passage which undoubtedly refers to their self 8 ' “ 9 M - - - - kz the . k r a m a Zak mutilation They are described as a g p ,

I ' ’ m . 82 1 Wellhau sen [ ﬁ zam tu mr . Ibn Hisha p ; , p 75 . 2 — e . 3 62 1. 6 1 H braica X 73 KB VI (I) 1 .

4 . . e 5 . . 6 . Op cit , not 4 . Tam. Ish p 77, n . 6 H WB e i use e u e . . In conn ction w th of UR for sacr d prostit t s , cf Déc

. . 0 I OLZ 1 1 0 . pl XXXVI No 3 4 UR DAM N NA ; cf. XII

7 1 r . . 8 . RA XII (I) 3 5 l . 7 ; Ta n . Ish p 7 8 k : tu e . 80 . 2 b ut I 1 . 1 . Fran S di n p , n 3 5 ; cf. RA XII () 4 , n

' 9 ' 2 i : Texter Relz zeu x . 1 6 . Craig RT I () 5 5 l . 9 ; Mart n g p 9 Cf. also BA V 626 , 1 0 . 73 “

' ’ ' eunuchs with axes The zk- ma - u zzk- ta sz- mat zZu( “ ” pointed weapon insignia of her deity has reference to Ishtar. Langdon “ considers that Ishtar with the pointed sword may “ z be a symbol of Tammu , and suggests that these mutilated

l z priests who assisted in the wai ings for Tammu , and who bear the symbol of their mad sacriﬁce, may have been under the f protection of the dying god who, there ore, bears the same ” 7 / 3 me n . . 1 a 6 i symbol In Reisner, 9 , No 5 we ﬁnd a l ne in which

° ° ' - rz- z i z- 7 t- ri zz - te § Ishtar speaks of herself as : é ur s(a . ) mpa k ) a ' ' “ zaa s zz- me sak- nu ana - ku - ma ( ) , a stone of the stone worker, a ” 4 pointed dagger which is set in the loins am I .

De e t 1 1 2 sc n o 5 12 41 7 . 1 . 1 In the f , (Rev ) an individual called

' Asu sunamir is created by Ea and designated as an asszmzﬁ

Aséu r ku - l n In the copy of this text from , the word is sub 6 s u namir stituted . It has been established that A u s was a

z 7 z e A eunuch, representing Tammu , but whether Tammu , lik ttis, was a castrate god, is uncertain . Albright ﬁnds the clue to “ Asu §u n amir the interpretation in the name , His rising is ” brilliant , as showing his connection with the rising moon . The connection between the moon and the eunuch priest in mytho logy is clearly established by Albright . The kurgaeru we re ’ prominent in the New Year s festival , and evidently took part 8 e as players of some musical instrument . If the clipse of the moon occurred in Adar, the king might touch the head of an

' 9 asszn a as a means of giving him power to conquer his foes .

I 2 2 . Tam . . . . Craig RT II 5 5 l . Ish p 79 6 3 u e A L 1 . Obv . 5 6 ; cf. H ss y JS XXIII 4

’ é ar m 1. e t em e k ur arr tz e e e 4 Langdon : RA XII 41 n . stat s hat f al g ntion d ’ ’ Vi roll eau d s e Viroll e aud Aaad 1 2 . B u t we t in , XII fail to ﬁnd any hing in t xt

’ ’ T e zikarz ku r arrz e e i e . to show that fe mal e e unu chs w e re inte nde d . h g is b tt r nt r

rete d ZA 200 . 1 6 . p as by Frank, XXIX Z ” “ “ SB A 2 0 1 ei u e n u e e e H eb . 1714 T 5 Int rpr t d : black (fr. 1 ) by Talbot, II ; B hl ” “ ” e Ge e OLZ 6 Piu ches PSB A 2 knab n by ll n , XX 4 ; an androgyn by , XXXI 7 ; " ” eu u Fi ul l a OLZ XV 8. n ch by g , 43

’ - 6 m A§§ur e w leaf [mm L 2 8 . E b elin s e Cf. AJS XXXIV In g t xt fro it app ars ith

ZA 1 e i e kalze k ur arru . (No . 43 obv . Frank , XXIX 97 id nt ﬁ s and g

7 OLZ XV 438 ; JAOS XXIX 86 . “ 8 mme D er Al/e Ori ent e e 2 2 . 1 0 Mann e rl ieb l in J ns n KB VI () 4 l , g Zi rn , ,

' ’ ' ’ ' VII (3) 9 ; and B m ckte ﬁber aze Verkaﬂdl u ngen aer kb n /i e/z sac/mireken Gare/l “ ” - re/za t der Wzlrrem e/ m t 1 8 Kur aru e e . f / , LVIII 3 , g pri st r

9 . . 1 0 . Cf CT IV 5 , ' That the ku rg‘arru and assznu were titles actually applied to functionaries of some kind and not merely used in mythological

e t or religious lit ra ure, we have evidence from business docu “ m e nts in which they appear as witnesses . Eunuch prie sts are by no means rare in the history of “ ancient religious rites . The Ephesian Artemis and Syrian 3 Astarte were attended by eunuchs and virgins . The most noteworthy instance of such rites is in connection with the e worship of the Phrygian Cybele and Attis . Cybele was b lie ve d to be a virgin mother 4 by eunuch priests ( worshiped e and virgins ; Attis was repres nted as a castrate god . In the o ccu re d the Spring there a festival, third day of which was

the r w known as the Day of Blood, when the chief of priests d e blood from his arms and pre sented it as an offering . Fraser conjectures that it was doubtless on this day that, wrought up

e nz e to a high pitch of r ligious fre y , the novices sacriﬁc d their

l w e the viri ity, and thre the s vered portions against image of

Hi r l the goddess . Similar was the practice at e o po is in the worship of the Syrian Astarte : while the ﬂutes played and the e drums beat, many who had come to the f stival only as

ze spectators, urged by the excitement of the moment, sei d a

e sword and castrated themselves . The s vered parts were late r

e 5 buried , and the men assumed the attire of wom n . This custom may have been an ecstatic craving to assimilate one’s

to the t e self dei y, and to charge hims lf with her power, the priest assumed fe male dress to further comple te the trans 6 formation . That a goddess of fertility should be s e rved by

e eunuch priests s ems inconsistent, and yet it is typical in the

Th e worship of the Mother Goddess . priests of Attis would probably not have continued to mutilate themselves mere ly

e e because of the tradition that Attis castrat d hims lf, unless

e i e there was to th ir minds some recurr ng n ed for it . Fraser ﬁnds the explanation of this mutilation and burial of the severed

I 2 68 1 2 . ADD III , II 9

2 2 Golden ou . e B /z . Strabo XIV 3 ; cf Fras r, g I 37 f

3 u : 1 2 o f. L cian 5 , 7, s

' 4 e A ms Al s da l i Ori n } z u d e d. . 2 6 . . Fras r, , , , p 3 , n I 5 — e Golden B ou /z . 2 68 2 0 . . u 0 1 . . Fras r, g Vol V 7 Cf L cian 5 , 5 Cf also Albright, E L J XXXVII 1 1 6 . 6 E . Rel . 80 . Hastings ncy and Eth . V 5 n parts in the opinion , held amo g many peoples that the “ “ creation of the world is year by year repeate d . Athenaeus

e f the r ported that emale eunuchs , instead of male were used in

palaces of Lydia . We have little knowledge of e unuch priests outside of Asia

- - Minor. Among the B a sundi and B a bwende of the Congo “ many youths are c astraste d in order to more ﬁttingly offer ” 3 A themselves to the phallic worship . number of other illu

stratio ns 4 The e S are collected by Fraser . practic of paying ' 5 women has been noted among Australian tribes, the purpose 6 f e s being to urth r pro titution . Female eunuchs have been 7 reported in India also . It will be observed that there is a strong analogy between e the above described rites performed by eunuch pri sts , and the passage s which have to do with the worship of Ishtar and Tammu z ; that these men re presented Tammu z as eunuch priests represented Attis, seems therefore probable . Greek and Latin words for e unuch express etymol o gically ’ u iz f ta s r é : v . their f nction , or refer to their castration on , from v ,

(Mt 356 9 castro to cut ; / , from to crush ; , to cut, from Sans

’ / - sastra aivoii o s stir7 o . krit , knife ; but x , from 5, bed x ablaut ’ é e w . K R éka/Zu stem of x , to keep Now U may mean , palace 8 “ ” 9 RA or temple ; GAR, guard ; and may be taken as the

- - e . KU R RA e phonetic compl ment GAR , then , describes th ir

- - e function . If in the expression GIR SIG GA we translat GIR “ as foot giving it the interpretation sugge sted by Barton and m others, SIG as and GA as the phonetic complement,

- - GA the expression describes their castration . The GIR SIG ' 1 8 o ne m u zaaz ékal/zzzz mentioned by the Code S 7 is who is a ,

I Ado 2 e Attis Osi ris z u d e d. . 2 . . I I . , , p 37 Bk XII

3 u Jo rnal of the Anthropological Institu te XIII 473 . G 4 olden B ou k 2 0 2 . g V 7 , n . ’ ' ' S u e Ver/zan al u n en der B erli ner Gesell s‘e/za t ei r Azzt/zro olo ze B l l wo P rc ll , g f f p g , lo i e a n d Ur ereki ekte 1 8 . g g , 93 , p 6 Mil u - cho . E 2 6 Maclay (Z . XIV f.) '' ' ' ' ’ ' 7 Are/2:7) zer Anatomze P x k M dizzrt 1 . /z r olo ze u n a wisrem e a li eke 1 8 . f , y g ﬂ , 43, p 59 f 8 OB W 2 2 . O 28 3 9 B W 5 32 . I 0 I . 0 . 1 . Cf. D eut. 2 e m the e ew . e P 7 n 2 3 for practic a ong H br s Cf. also d scription

me e u e th e u u e u E L of thod as giv n by Pa l of A gina, 7 c nt ry, q ot d by Ha pt, J 1 1 2 1 OB 1 . XXXV 3 . W 7 5 9 76

’ usually translated guard of the palace Ekallzm may quite “ ” Th e as well mean temple . Old Testament word for eunuch , 03 3 3 19 (cf. Arab . from 0 59 , be impotent ; and Syr .

‘ “ ” seréi u w is according to Haupt connected with , beer , hich “ ” originally meant mash , and is used not only to indicate a civil “ the 3 officer of king, but a guardian of the royal harem . It is e DIWD "35 1 1 1 ni nww n 4 also significant that thes are described as 75 n , “ ’ T59 7 e e mes 1 } those who serv in the pres nce of the king , or a , 5131 1 15 ”1 5 13 “ ’ ” 5 1 3 , those who see the king s face . These phrases form an interesting analogy to the maflzaz p ane sarrz of the

Babylonian texts .

‘ Were it not for the coupling of the GIR- SIG - GA in the

' zzkru same laws with the , we might conclude that the

GIR - SIG - GA of the Code was a eunuch who ﬁlled various

’ ofﬁces for the king . But since the zzkra come under the same inheritance laws as the NIN AN, they must have been a class of female votaries . The probability is, therefore , that the GIR- SIG - GA of the Code were eunuch priests and ' ' ' 6 zzrmzi tz z zkrze the , eunuch priestesses . An examination of 1 8 1 2 1 SS 7 , 9 , 93 shows nothing to prove that the children of these persons were not children whom they had adopted . Not only do these laws occur in a group of adoption laws, but S I 93 certainly indicate s that the adopted child upon ﬁnding

e e out the real status of his adoptiv father or moth r, was likely

o to show hatred t ward them . This accounts for the provision

’ ’ ’ ’ for the NIN AN and zznmsta zzkrze under the same inheritance

' ‘ e kadzfza laws , and for the fact that th y received more than the ,

’ v ‘ z ermaszzu M arduk. , or SAL ME For the NIN AN, as we

' ' ' ’ znmstu zzkru have seen, was a virgin, and the z because of her status presumably did not marry ; it was necessary for their

I e u . 28 . 2 . Johns Hopkins Univ rsity Circ lars, No 7, p 3

2 6 2 2 2 . 1 8 8 2 1 1 me e e . 8 . . II K 9. II Chron , II K 3 ss ng rs II K 9 3

2 1 2 e e e . 2 1 e r. 2 2 Gen . 6 m e 4 g n ral ofﬁc rs II K 5 9, J 5 5 , 37 3 , ilitary ofﬁc rs , — . e . . 1 1 1 1 8 e e u u h . Dan 47 soothsay rs Dan , princ of n c s

3 et . 8 2 2 E e 2 1 1 2 1 1 0 1 2 1 6 2 1 J 3 7 ; 9 ; sth r 3 , 4, 5 , ; I , , 5 ; 7 9 ; 4 4. 5 ; . 4 ;

1 8 1 2 8 1 2 0 2 e r. 2 e e . 2 II K ; 4 5 ; Is . 39 7 ; J 9 . See also gen ral r fs I Chron . ;

Sam. 8 1 1 . 6 er. 1 6 1 . I 5 ; Is 5 4, 5 ; J 4 ; 34 9

4 Esthe r 1 1 0 .

I K 1 5 r. 2 . I 2 5 9 ; Cf. J e 5 2 5 6 e e Z M 2 1 . Cf. Landsb rg r. ZA XXX 73 ; and D G LXIX 5 fathers to provide for their support. Upon the death of an ordinary wife who had borne children her dowry we nt to he r 1 6 2 children , S ; but if she were childless , her dowry belonged to the house of her father . Likewise the dowry of the NIN

2 2727223117 z zkru 1 8 1 80 1 8 1 AN and , reverted to her brothers, S 7 , , , unless her father had given her legal right to will to whom 1 e t she please , S 79. In no case do th se latter inheri ance laws suggest that there were children . In a letter of the Hammu ’ erio d I e rapi p , the writer states that having no father s hous , he

’ zk a entered into the house of a SAL z r as an adopted child .

e e the In commenting on this t xt , Landsberger conclud s that

' ’ ' 5 a! zzl zkra - u m are inde ntical with the zzkrétz of the royal

' zi - zkru - zmz e inscriptions, b ing, according to his terminology, a “ ” ’ ’ s u d o mm fo r zk tz P e do i e gra z ré . The mention of these persons

o taken as war bo ty, along with the other palace women , leads

Landsberger to conclude that they were palace eunuchs . One questions whether female eunuchs would b e maintained in the palace, unless perhaps in connection with the Ishtar cult in “ private worship . It is probable that these men and women adopted young children of both sexes in order to perpetuate the order, train them in the cult and possibly act as their

' ' zz~ zk- - attendants while they served as no v1ce s. Since ra u m may ' “ ” ' ’ ' zzkaru zznmstze be connected with the root , male ; the title

' zzkru might therefore have reference to the secondary physio logical manife stations which are developments attendant upon

o 3 such an operati n .

This opinion that the GIR - SIG - GA of the Cod e were eunuch

' priests does not preclude the position that the manzaz pé nzm of the business documents were civil officials and officers of ' manzaz é flzm e the king . It shows that the p wer probably male eunuchs , and that the same term was applied to the sacred as well as the civil officer. This interpretation is strengthened by the analogy to the Hebrew use of DH !) already indicate d .

I Un nad: . e e . 1 6 . . 2 . g Bab Bri f No 4 l 9 CT 9, 7 a 2 u e o e em e me b ut e u e t e L ck nbill c nsid rs th palac wo n , do s not s gg st hat th y

e e e un u . A L w r chs JS XXXIV 9 . “ 3 The e e e e e ode sses e e e t r pr s ntation of b ard d g is of int r st in this conn c ion , u “ ” see w e e e u e u e i ue . 1 1 1 P t. 2 1 . tho gh Jastro , B ard d V n s , R v Archéolog q 9 ( I) 7 The presence of eunuchs in Babylonian society was e arly “ e z . N i ne ve/z and I ts Re n r cogni ed Layard, in his mai s, identiﬁes w M D eunuchs with the Hebre , and ﬁnds them re presented on “ the palace sculptures . While it is now e vid e nt that they played the an important part in Ishtar cult, it is no doubt true, as

Johns remarks , that many obscure terms applied to priests have b e en translated e unu c/z for want of more accurate know 3 e ledge . Likewise it s ems improbable that there existed so many 4 classes of eunuch priestesses as Landsberger would claim . The SAL ME who are so fre quently mentioned in business docu

ments must have been a large class . Is it possible that a Semitic peopl e would permit so large a part of the female population to be of this type ?

While at the present state of our knowledge, abundance of data is lacking by which to establish unquestionably many proble ms involved in the interpretation of the status of the

votary in Babylonian and Assyrian society, the foregoing dis cu ssio n t e nds to e stablish a real distinction between the classe s N of votaries mentioned in the Code. The NI AN was a virgi n e z high pri stess, who presided in the iggurat chambe r as wife of

' ' '

the god and lived in the temple precincts . The zzﬂmfta z zkra

and the GIR - SIG - GA were temple eunuchs dedicated to the

’ ' v z i worship of Ishtar and Tammu . The z erma zl am and kadzstam

were temple prostitutes , who could marry, who often took

children to nurse or adopt , and who held a recognized position

in Babylonian society . The SAL ME were a large class of

women , dedicated to a speciﬁc god , who did not live in a

house connected with the temple , and who enjoyed great

freedom in business life. Although Babylonian moral ideals i and practices, as expressed by rel gious rites do not measure up to the social standards which the laws of the Sumerian and Hammurapi periods laid down in their re gulation of the relation

the be twee n the sexes , remembering fundamental conceptions

which lay behind those rites, we cannot judge, so long as they really believed such rites to b e an expression of the will of

2 . I z u d e d. II 3 3 ' “ ” 2 M mem erzt: o rz 6 68 N z evek PI. e u u . 8 f 93 , H ad of E n ch pl 54, 5 , 5 9, 3 , ,

1 . BN . 1 0 of. e . 1 0 1 0 . . 7 , cf I pl ( V T xt II pl 5 , 4 , III pl cf 4 D e Cl er 1 1 2 00 . 3 2 6 . ZA 6 . q II pl . 3 , 4, ADD III 4 III 7

1 branding of a slave without the consent of the owner . If a “ e ff o . slav repudiated his master, his ear must be cut The female slave or amtu was introduced into the family for the purpose of securing offsprin g ; 3 if she bore children she could 4 not be sold ; and if the father of these children so chose, he e could make them his legal sons, sharing qually with the 5 children of the regular wife . A possible inﬂuence of the early matriarchate may be seen i n the laws providing that the

“ children of a free woman , even if she marry a slave, are classed 6 as freemen . A slave owner was protected against purchasing 7 . had a defective slave A slave who been captured , sold as a slave in a foreign country, and subsequently brought back to

r z his native count y was , even though recogni ed by his original 8 owner, to be given freedom . In a number of sections of the Code the slave appears as the obj ect o f less compensation or penalty in the case of injury received or committed , than is mt assigned to men of higher rank . If a man attacked an a u 9 and caused her injury, his penalty was slight. The penalty of a slave for assaulting a man ’s son was more serious than

‘o if the assault had been made by a patrician . Likewise if injury were caus e d a slave because of a falling house or a

goring ox, the builder of the house, or owner of the ox was . required to pay far less than if the injured had been a patri " cian , and it was the owner of the slave who received the

e . compensation, rather than r latives of the deceased A physi cian i ran less r sk in practicing on a slave than on a freeman, “ for if he failed in his treatment, the fine was slight . A slave could be given as payment fo r debt 1 3 and in time if not redeem ed the creditor who had received him had a right to dispose “ of him . That the buying and selling of slaves offered a profitable business in Babylonia and Assyria is testified to by the in

2 — 2 2 6 2 2 2 82 . 3 1 44 1 . 88 , 7 S SS 45

4 1 6 1 1 . 5 1 0 1 1 . . 2 . SS 4 . 9 55 7 , 7 Cf RA VIII 5 6 — 1 1 6. . 1 . 0 . Cf. al so SS 75 , 7 Cf variant to S 75 , BE (A) XXXI p 5 RA

VIII 7 .

7 2 8 2 . . PSBA . 0 Vol . . 1 6 1 . SS 7 , 79 Cf variant XXIV p 3 5 XXIX p 8 I 0 2 80 . 9 2 1 2 1 4 . S 205 . S SS 3 , 1 1 2 2 . 2 1 2 2 . 2 1 2 1 2 20 3 II SS 3 , 5 SS 7, 9, , 1 I 3 1 1 6 1 1 8 . S . 4 S “ 1 S - S the numerable lave ale documents , and evidence of existence “ of slave dealers . As a piece of personal property, a slave could be given in payment for debt, could be willed along ’ r 3 4 e x with the rest of one s prope ty, or could be rented, or

s w arad amtu changed . But the and were not the only servile class . What the social status of many of the classes of workers mentioned in letters and contracts was, we are as yet at a loss adequately to explain . It is probable that there existed

B a /l oni an As /man Laws a class of serfs ; Johns, in his Q a , Contracts and Letters asserts that in Assyria there was a large

leéae adscrz ti body of serfs, g p , who were free to work as they chose, but were sold with the land . Since in a legal document ’ it was not customary to mention the name of a slave s father, f’ while a ser s father is always named , Johns concludes that this 6 holding was hereditary . He states further that these serfs

- probably paid rent, that they were often high grade artisans, and were on the metayer system, claiming implements, stock and supplies from their masters . The Harran census shows 7 that they often had land of their own . From these men were ’ drawn the kings men who served for a period in the army

Deeds nd D cu ments z or on public works . In a o Johns recogni es 8 three subject classes ; domestic slaves , married slaves, and serfs , and states that war captives were probably settled as serfs 9 . Deeds and D ocu ments rather than as slaves Also according to , in Assyria a slave could hold slaves, but probably could not l se l them , since if he were himself sold, his slaves went with him . Johns does not tell us what the Babylonian word for his serfs is . His evidence for the existence of this class seems to

e be based largely on his interpr tation of the Harran census .

In this inscription he ﬁnds, for example, that a man classiﬁed

I . u e m Ku i u e u un k . . . 1 . Cf Catalog of British M s , y j Col Vol V , p 999 2 . A SL 1 G B ab loni an B u si n ess D ocu m en ts o l Cf J XXXIV 99 and rant, y f C assi cal

Period . 1 1 . , Phil 9 9 3 0 ABR III 4 ; BE (A) VI (1 ) No . 2 8 .

4 . 8 H LC . 0 . ABR III No 37 , 5 ; I No 34

6 ° S 1 1 6 . B ab . 6 A Schorr Johns ss. 1 7 3 . 8 7 . . 202 . 0 Op cit ADD III S 63 . 9 III S 636. as a cultivator of a vineyard , sometimes had land as his own , ' ra manisu the m , showing that land he cultivated was not eces saril hi o y s property. This leads Johns to d ubt whethe r these

e e H e people wer small farmers in a mod rn sense . thinks they

' e l eéa e dsc t ’ w re probably serfs and g a rzp i . But from this it is

o not impr bable that the cultivator of vineyards was a free man , i t own ng proper y of his own , but as a business proposition the cultivating also land of another, on contract .

articu While it is quite probable that a class of persons, p larl o e e y th se d voted to agricultur , may have been attached to

the land and sold with it, our evidence is not clear enough to e l d stab ish it . It might have happened that men of the w ara class were sometimes sold with the land when an owner was

r disposing of a large part of his prop e ty.

v m usken u The of the Code were probably free men , and not

e . I n 1 1 2 slaves with special fr edom his Schweich Lectures for 9 ,

’ e muske nu Johns devot s considerable space to the meaning of , giving the history of attempts at the interpretation of this “ ” “ - word , concluding that his translation plebeian is correct, and

e K that by the tim of the assite period they were degraded ,

wheth e r to serfdom he does not say . But the Code appears to rank the masvkena as inferior to the amt/n and superior to

the w arad w arad 1 1 ; and he could hold slaves, , SS 5 , 7 5 ,

1 6 2 1 . 7 , 9

e sake The low st class of society was the , or men from whom labor e rs for the public works or material fo r the army were

recruited . This class was largely composed of outcasts , war

v 3 capti es , or worthless slaves ; they were clothed and fed at

royal exp e nse and we re essentially the prop e rty of the state .

In the letters of Hammurapi, men of this class are frequently ‘ mentioned as laboring on canals, and public works of various 5 “ e . kinds . Consignments of provisions wer made to them They

v - 7 were usually presided over by the U KU U S (ridu sa sake) .

“ ” m e Censuali s e z 1 0 1 I An Assyrian Doo sday Book or Lib r , Johns , L ip ig, 9 ,

2 1 . p . 2 w A SL . . e e e ure 1 1 2 . 8 Sch ich L ct s 9 , p , 74, and J XIX 97 Cf also Harp r

3 A SL 2 2 . AJSL XXII 6 7 . J XIX 1 7 1 ; ADD II 5 8 f

4 H am . e e I I I 1 . 5 . . . 8 2 8 86. King L tt rs 4 Op cit p , 5 , 6 . . . 8 Y BT . 8 . 7 6 60. Op cit p 5 , Vol II, No . Br 9 This ofﬁce was evidently undesirable ; a patesi was made a “ ridu as punishment, a baker was temporarily assign ed to the “ riduti e , and was lat r discharged , a freeman who had been

n sold into slavery in a foreign country , upon comi g back to

u rarad Babylonia was told he was released from the class ,

ridati e e 3 and might go with the , a privil ge which he refus d . Overseers of public slave s may be se e n at work on the sc u lp

e e 4 e h tures of Nin v h and lsewhere, with stick in and , driving

a l a nzassu laborers who are carrying bricks , putting in pl ce a ,

h : or transporting stone . T e laborers are often yoked toge ther and the task - master may be seen with stick raised in the air ; 5 ready to descend upon the inefﬁcient workman .

e the amtu e m 1 1 1 To the female slav , terms g Br. 35)

ard ta ki - 8 1 are t is and a cl Br . 9 3 ) applied . Whether h e re “ e n o t any r al distinction is clear. The female slave was

e in z 7 domestic s rvant and certain cases recogni ed concubine . 8 She could be bought, sold, rented , or given away . She could 9 also be dedicated to the temple service . Slaves could gain n independence by manumission , sometimes a whole family bei g t freed at or, since a slave was able to hold proper y, it “ e i was possibl for them to purchase freedom from the r masters . A practice connected with slavery which was existent in the h l l w as Sumerian time , and whic , when i legal y practiced, a “ ” k . punishable offense, was that of branding or mar ing slaves t in What this practice ac ually was, is involved considerable i obscurity , and ts interpretation depends upon the meaning

" 1 " alaé u aé u ttu 3 mu ttatu 4 e in assigned to g , ; and , as th y appear II y an d 1 2 Law I and of the Sumerian Famil Laws , Code SS 7 ,

I 2 it. 1 0 . i H am . 0 . c K ng Le tters I II 1 6 . Op III 4 3 2 CT VI 9. — m B N s m . 4 : um e e e I I . 1 0 1 a Layard Mon nts of Nin v h , pl 7 p ssi ; pa si

II I . 8 . 5 . II 1 1 1 e tc . . H am . e e Op cit. , pl . , 3 Cf King L tt rs , p 4

6 B u t e e e 1 e ardatn me m ar Langdon b li v s (Babylonica II 49, not 4) that ans

Se e e i us u . 8 . i a e ab e who e e . r g l girl is fr born 7 pr v o disc ssion p 5 , 5 9 8 . . . 4 . J P Morgan II, p 3

6 m e e . 9 . . II . OLZ XI I . 1 1 0 . 1 J P Morgan , p 33 ; , p ; RA XV, p ( al slav ) 1 ° I A . te . SL 2 1 . J XXIII 9 I MAP p 7 , No 3 1 2 i l “ alaé u H e b . . G to e cu t e g 1 5a Arab ” scrap , , shav , ? 3 “ ” I m . Fam Ge s . u Su . 3 H WE MA 1 2 give s m e aning fe tte r . Ha pt ( 35 ) “ ” “ ” e r i e an d mme w th m . e e w t 711 5 , 59) y to bind id ntiﬁ s i h 2, s v c Zi rn (BB i , “ " “ 1 4 u e e e it e te IM Us ually translate d forehe ad . Ha pt b li v s is r la d to hair 6 * 6 1 6 22 22 . 4 , , 7 The Sumerian Family Laws give as punishment

I DU BBIN - NI - IN - SA- A for disloyalty to father, MI , Akkadian u - al - l a - u é - su MUTTATI - A- NI g ; for disloyalty to mother ,

‘ SA- NE - IN - - E S ma- u i - ta - as- i u - al - én DUBBIN SI , Akkadian a g

- I ma . 2 26 2 2 e SU SS , 7 of the Cod contain the phonetic which “ U - I as e e alaku . S h b n read g These laws provide that if a ,

u é- éu - ti w arad l a without the consent of the owner of a slave , " se - e - i m u - al - li - ié o ff g , his hand shall be cut ; and that if anyone

S - I deceive a U and induce him to thus treat a slave, such a

SU - I he man shall be put to death, and the upon swearing 1 2 did not mark the slave knowingly , shall go free. S 7 provides that if a votary is falsely accused by a man, that man shall be brought before the judges and mu - u t- ta - e u u - gal

- l a éu . amtu An who had borne children, if she tried to take

the aé - éu rank with her mistress , gave her mistress right to

— l - - - - u t tam e i a ak ka an l ma and count her among the maid servants . There seems to be no reason for doubting that galaéu meant ” “ ” 226 2 2 cutting or scraping of some kind . SS , 7 indicate that it was done by a special person who made it his business , O e a and that the p ration was important . If all slaves were g labu wh , it is not clear y anyone should have wanted to subject a slave to this operation again . It is therefore reasonable to suppose that the law refers to some mark of mutilation which would render the slave of no commercial value . And since a

Babylonian slave might, if he had sufﬁcient funds , buy his way “ ” so - l - out of slavery, one questions whether this cal ed slave mark , if applied to all slaves , was of a permanent nature . The

o f shaving the head or beard, the wearing of a fetter, would 2 26 2 2 not be serious enough to account for SS , 7 . If the mark e were ordinarily visible, it is strang that we ﬁnd no attempts to represent it in sculpture. A document from the time of Ammiditana 3 cites the case of a freeman who was bought as a slave in a foreign land and later returned to Babylon, his native city. After ﬁve years

el - li - ta aé - é u - u t - ta - ka u - u Z- lu - ou - at he was summoned and told g ,

“ ” “ ” - - OBW 1 0 e ume m k . I 4, a sharp point d instr nt , nail ar I 1 . 1 8 . M 5 43 , Br 7 4 2 3 CT VI 9; Schorr 37 . 8 5

and that he could enter the ri duti . But he refused and said ’ h elli ta he would claim is father s estate . If we translate

“ ” 1 clearly a partial solution is offered . This man bears a slave - mark that is visible ; S 2 80 provides that a w arad bought re le as in a foreign land , if returned to his native city, must be ’ ed ; as a former freeman he claims a right to his father s

ridizti estate ; he is told he must go with the , or overseers of the sake . This would seem to indicate that because of his

sake i s mark, he was to be classed with the ; that , he had been r a freeman in Babylon, had gone to a foreign count y and

marad . become a , but bore mark of slavery Returning to

marad e - Babylon, as a who had b en free born he wished to ’ claim share in his father s estate, but as he had a slave mark, idati he was assigned to the r . It would therefore appear that “ ” - only the sake had a slave mark . This theory accounts for the occurrence of the custom in the Sumerian Family Laws ; it accounts for the severity of the punishment inﬂicted on one who marked a slave without the ’ owner s permission, such a mark would render him unsal

sake able by a private individual , for if he had the mark of a 1 6 he became a public slave ; and it explains S 4 , for women ke i were also of the sa class . Of the nature of th s mark we have no evidence, but the fact that a special class was required to bear the marks of its social status, keeping it continually in

z the subjection, and paraly ing ambition is of importance for study of interclass morality . From the late Babylonian period “ we have a law providing that if a man sold a female slave, and the purchaser later

e l found some fault with her, the sell r must buy back not on y the woman, but all the children she may have borne . The 2 8 law is comparable with Code S 7 which , however, makes a limit of a month in which the purchaser may try out the

law e slave . The late Babylonian se ms fairer to the seller than

e to the purchaser, but it also shows the tend ncy to prevent separation of children of slaves from their parents .

m} KU 0 . w u se e . 6 . I Cf 74 ; Johns Bab . Ass 1 7 On analogy ith of in m adoption c e re ony docu me nts . ’ 2 Si tz un skeri ckl e der P ns i c/zen Akadem e o er PVZsse n sc/za te n 88 g re s s i / 1 9 , — t. 8 2 . p 2 p . 4 86

The Babylonian laws regarding slaves tend to tre at them as personal property rather than as human individuals . While it is undoubtedly true, as has been so often maintained, that Babylonian slaves enjoyed on the whole greater freedom than

the w arad is usually associated with people of that rank, at least was favored in that he could buy his freedom, was not f sold away rom his family, could hold property, and could marry a free woman thereby securing a status of freedom for his children . It must however be remembered that most of our evidence is written from the patrician point of view. It is obvious that the Spirit of the Code reﬂects a device to protect the various elements of society of which advantage i might be taken . In the ep logue , Hammurapi claims that he was called by Anu and Bel to prevent the strong from o ppre s sing the weak to further the welfare of the people and to secure justice for the poor and the widow. Such expressions

e e e are found at an earlier period, as for xampl the statem nt of Gudea that at Lagash during the feast after the co nse “ E - ninnu e cration of , the maid was equal to her mistr ss ; master and slaves consorted together ; the powerful and the humble man lay down side by side ; the rich did not wrong the orphan , the strong man did not oppress the widow and Babbar trod ” injustice underfoot . x So Sennacherib says he is , , guardian of justice and lover of and Sargon II, in the “ e midst of gru some details of campaigns, says he protected ” 3 the weak and injured from their wrongs . Such random quo tatio ns are of value only as they are indicative of a certain mental attitude in the recognition of ideals of justice on the

e part of important kings . Taken by thems lves they need not b e considered to indicate anything more regarding moral p rac “ ” tices than is proved by the policy or platform of anyone in public ofﬁce . It is notable that in all the material from legal codes which are available to us, there is no mention of, or provision for,

the f the mentally subnormal , blind , and persons suf ering from other disorders which would make them dependents, and of

1 Cf. SAK 2 ] . I R 3 7 Co I , 3 . . 1 . . 2 . 1 . 2 2 . I R Cf KB II, p 4 Cf also BE X () p 47, l f

’ astrow s 20 2 1 0 Sumerian laws ; according to J analysis SS 9 ,

are among the earlier elements of the Code, the others relating

to this matter being a later development . 2 1 — 2 2 Eleven laws of the Code, SS 5 5 relate to the practice of surgery ; laws intended to standardize fees and establish

severe penalties not only if the patient died, but even if the rl treatment were unsuccessful, doubtless arose prima i y from l t moral indignation at maltreatment, but secondari y in an at empt

to protect the helpless from carelessness and overcharge. S 1 48 is intended to protect a wife who is afﬂicted with

disease ; while it allowed the man to take a concubine, it pro vide d that the husband maintain the ﬁrst wife in his own house

as long as she lived . Concerning the treatment of foreigners in residence we have 0 very little material . S4 of the Code shows that in Babylonia

an alien could hold property, and from the business documents of the later Babylonian time we are assured that they entered

e t fre ly into the business competition of the communi y . In the evidence of a development of a strong class disti nc

tion we may trace a moral retrogression among these peoples . In the Sumerian law fragments there are no special ﬁnes or

regulations for certain classes of society . The reforms of U ru ka in a i g are directed against just that sent ment, but the Hammurapi Code contains many laws which make for in i l equality between the social groups . Wh le Jastrow be ieves that the laws which are based on the [ex talioni s principle are

among the earliest of the laws compiled under Hammurapi, he also believes that those dealing with cl ass distinction are ’

t muskzn u . Law late , especially those rela ing to the required an

amél u 8 to pay a larger ﬁne for theft, S , a larger fee for divorc i 2 1 —2 2 1 0 . ing his wife, S 4 , a larger fee for surg cal service SS 5 3 amél u But in the laws regarding assault, injury to a man of

ff e rank is punished by similar treatment inﬂicted on the o end r, while attack upon the muskinu and warad was comp e nsated — 1 2 1 . by money payment, SS 95 4 Such laws are strong evi d e nc e of a class distinction which existed not merely because

of social practice, but which also had legal sanction . From this analysis of certain sociological features of the

Sumerians and Babylonians , we ﬁnd that even at the present

s time, when our knowledge of these peoples present so many in unsettled problems , we have been able to trace in some

stances moral evolution . Since laws which are based on customs express the moral ideals existent at the time they are estab

lishe d and are often more conservative than actual practices,

we are fortunate in having as a basis for study not only laws, o but c ntracts and letters, each of which may serve as a check

e on the others . Neverthel ss we have found in our study no persistent instances of contracts showing legal decisions made

in direct opposition to the legal codes . Our knowledge of this

society, based almost entirely on the written records it has

left us, begins with a time when society was no longer a tribal

z - or clan organi ation , but presents the picture of city state

communities . These communities showed their solidarity in

their conﬂict with one another . Life within the community was regulated by laws based upon moral concepts of right and m wrong ; the breaking of these laws e t with severe punishment . “ maintains I Westermarck that punishment, in all its forms, is essentially an expression of indignation in the society which ” f e . inﬂicts it , the immediate aim b ing to cause suf ering The

indignation, followed by the desire for revenge is shown not

he only in t Sumerian Family Laws, but more speciﬁcally in

l ex tali onis the laws of the Code which , on the principle ,

represent an attempt at requiring quantitative equivalence, as for example the laws relating to the inﬂiction of b o dil y l ea: tali oni s injury . But in the same Code, along with the idea are found laws which require that i n certain instances 206 the intent of the offender must be considered , as in S .

Property right was strongly maintained , as the early struggles

e over boundary stones, the sever penalties against stealing, the the laws of inheritance, transfer of property, and indeed many laws dealing with all kinds of business transactions show . That a people who maintain e d so high a moral standard in the ir business relations , who had severe laws against adultery and incest, and who granted women great social freedom , should have so thoroughly woven into their social fabric such gross “ practices as those connected with the Ishtar cult, is, from an

me the e London I Weste rmarck : The Origin and D ev elop nt of Moral Id als ,

1 08 1 6 112 9 , I , 9 2 ma . We e . Cf st r rck II, 445 90

e an ethical point of vi w, of primary interest in the study of

z cient civili ations . The widespread practice of prostitution in Babylonia is to be e xplained only as a survival sanctioned by e r ligion , the result of the worship of fertility among the primi

e tive Semites of the d e sert . The moral id als of Babylonians

e as we learn of them from their customs, their laws , and th ir gods, show that they evolved an ethical code, which, though

e e it apparently displays great inconsist ncies, neverth less presents us with a picture of a people who attempted to establish e justic and moral righteousness . V IT A

I , Beatrice Allard , ) the daughter of Frank Ellsworth Allard

. M ssach M . a u D and Ada (Booth) Allard , was born in Boston , 1 0 1 8 setts, December , 93 . I was prepared in the public schools

e r of Boston, b ing graduated from the Prince Elementa y School ’

1 0 1 1 1 . 1 1 e in 9 7 , and the Girls Latin School in 9 In 9 5 I r ceived the degree of Bachelor of Arts from Mount Holyoke College . — From 1 9 1 5 1 9 1 9 I studied in Bryn Mawr College ; as Scholar

1 1 — 1 1 6 1 1 8—1 1 e u e 9 5 9 , 9 9 9, and F llow in Semitic Lang ag s 6— 1 — 1 1 1 . 1 1 8 1 Fe l 9 9 8 In 9 9 1 9 I held the Mary E . Woolley lo wshi 1 1 —1 20 p of Mount Holyoke College . The year 9 9 9

e e the was spent in r s arch at Harvard University , while holding

Alice Freeman Palmer Fellowship of Wellesle y Colle ge . My interest in the Semitic ﬁeld was stimulated by Professor MARY A who m I IND HUSSEY, of Mount Holyoke College, to would express my appreciation of her continued interest . w To Professor GEORGE A . BARTON, who has a akened my interest in Assyriology, and under whose direction all my

e to graduate work has been done, it gives me gr at pleasure express my sincere gratitude for his unfailing h e lpfuln e ss and sympathetic interest.

e 2 E . Marri d in August 1 9 0 to Mr . dwin M Brooks .