Babylonian and Assyrian Laws, Contracts and Letters
Chapter 31
But if that man does not hearken to my words which I wrote on my stele, forgets my curses, fears not the malediction of God, sets aside the judgment which I judged, alters my words and destroys my bas-reliefs, effaces my inscribed name and writes in his own name; or, for fear of these curses has charged another to do so; that man, be he king, lord, patêsi, or noble, whose name is ever so renowned, may the great god (Anu), the father of gods, who named my reign, turn him back, shatter his sceptre in pieces, curse his fortunes; may Bêl the lord who fixes the fates, whose command is not set aside, who extended my sovereignty, cause for him an endless revolt, an impulse to fly from his home, and set for his fortune a reign of sighs, short days, years of want, darkness that has no ray of light and a death in the sight of all men. May he decree with his heavy curse the ruin of his city, the scattering of his people, the removal of his sovereignty, the disappearance of his name and his race from the land. May Beltu, the great mother, whose command is weighty in Ê-KUR, the lady who made my plans prosperous, make his words in the matter of justice and law to be hateful before Bêl. May she bring about the downfall of his country, the loss of his people, the efflux of his life like water, by the order of the Bêl, the king. May Ea, the grand prince, whose destiny takes premier rank, the messenger of the gods, who knows all, who has prolonged my life, distort his understanding and intellect, curse him with forgetfulness, dam up his rivers at their source. In his land may Ashnan (the deity of wheat), the life of the people, not grow. May Shamash, great judge of heaven and earth, who governs the creatures of life, the lord of help, cut off his sovereignty; judge not his judgment; carry away his path; annihilate the march of his armies; cast an evil look upon him to uproot his rule, and fix for him the loss of his land. May the evil sentence of Shamash quickly overwhelm him; deprive him of life among the living above; and below in the earth, deprive his ghost of water. May Sin, the lord of the sky, the god who creates, whose ray is splendid among the gods, deprive him of crown and throne of kinship; surround him with a great shirt of pain, a heavy penalty, that will not leave his body, and make him finish his days, month by month, through the years of his reign, in tears and sighs. May he multiply for him the burden of royalty. May he grant him as his lot a life that can only be likened to death. May Adad, lord of abundance, great bull of the sky, and the earth, my helper, withdraw the rain from the heavens, the floods from the springs; destroy his land with hunger and want; thunder in wrath over his city, and turn his land to deluge mounds. May Zamama, great warrior, first born of _Ê-KUR_, who goes at my right hand on the battlefield, shatter his weapon and turn for him day into night. May he place his enemy over him. May Ishtar, the lady of conflict and battle, who prospered my arms, my gracious protector, who loved my reign, in her heart of rage, her boundless fury, curse his sovereignty; turn all his mercies to curses, shatter his weapon in conflict and battle, appoint him trouble and sedition, strike down his heroes, and make the earth drink of their blood, scatter the plain with heaps of the carcasses of his troops, grant them no burial; deliver himself into the hands of his enemy, cause him to be carried in chains to the enemy’s land. May Nêrgal, the powerful one of the gods, who meets with no rival, who caused me to obtain my triumphs, burn up his people with a fever like a great fire among the reeds. With his powerful weapon may he drink him up, with his fevers crush him like a statue of clay. May Erishtu, the exalted lady of all lands, the creator-mother, carry off his son and leave him no name. May he not beget a seed of posterity among his people. May Nin-karrak, the daughter of Anu, the completer of my mercies in _Ê-KUR_, award him a severe malady, a grievous illness, a painful wound, which cannot be healed, of which the physician knows not the origin, which cannot be soothed by the bandage; and rack him with palsy, until she has mastered his life; may she weaken his strength. May the great gods of heaven and earth, the Anunnaki, in their assembly, who look after the halls and the courts of this Ê-bar-ra (temple of Shamash at Sippara, where the stele was clearly set up), curse with a bitter curse his dynasty, his land, his soldiers, his people, and his subjects. May the judgments of Bêl, which in his mouth are irrevocable, curse him and quickly overcome him.
II. Chronology
The following tables make no pretence to finality. In Babylonian history no date before B.C. 747 can be considered absolutely fixed. In Assyrian history the Eponym Canon certainly goes back to about B.C. 893. Then scattered notices in later writers enable us to approximate to earlier dates and the varied synchronisms between Assyrian and Babylonian kings render the dates probable, as far back as the First Dynasty of Babylon. There is only one fixed date before that, the period of Sargon I., which depends on a statement of Nabonidus.
The sequence of monarchs is, however, very probably correct. As knowledge increases, more names will be added to fill up the gaps, and dated documents will give the lengths of the reigns. A discussion of the grounds for the dates cannot be given here. The reader may refer to Dr. P. Rost, in the _Mittheilungen der Vorderasiatischen Gesellschaft_, 1897, No. 2, and _Orientalistische Litteratur-Zeitung_, 1900, pp. 143, 175, 212. Radau’s _Early Babylonian History_ may be consulted for the earliest dates.
In the early periods, a vertical line between two names denotes that the second was son of the former. This is often all we know, but it is useful to mark the fact, as we cannot then insert other rulers between them. Names printed in capitals are either Sumerian or their true pronunciation is unknown. When these capitals are in Roman type, we know that they were kings or Patesis; when they are printed in italic, we only know that they were the parents of those whose names follow. We do not then know whether they reigned or not.
For Assyrian chronology, see _Annals of the Kings of Assyria_, by Budge and King, 1902.
Assyria
Early Patesis, Dates Conjectural, Order Uncertain
Ushpia, Ilushuma, | Irishum, _circa_ B.C. 2100 | Ikunum, Ishme-Dagan, _circa_ B.C. 1930 | Shamshi-Adad I., _circa_ B.C. 1910 Igur-kapkapu, | Shamshi-Adad II., Bêl-upaḫḫir (?), | Shamshi-Adad III.
Early Kings, Dates Conjectural
_circa_ B.C.
Bêl-ibni, Sulili (?), Bêl-kapkapu, 1700 Ashur-bêl-nishêshu, 1500 Puzur-Ashur, 1470 Ashur-nâdin-aḫê, 1430 Ashur-uballiṭ, son, 1420 Bêl-nirari, son, 1400 Pudi-ilu, son, 1397 Adad-nirari I., son, 1395 Shulmanu-asharid (Shalmaneser) I., son, 1380 Tukulti-Ninip I., son, 1340 Ashur-nâṣir-pal I., 1330 Ashur-narara, 1300 Nabû-daian, 1295 Bêl-kudur-uṣur, 1290 Ninip-apil-esharra, 1285 Ashur-dan, son, 1260 Mutakkil-Nusku, son, 1250 Ashur-rêsh-ishi, son, 1220 Tukulti-apil-esharra (Tiglath-pileser) I., son, 1200 Ashur-bêl-kala, son, 1090 Shamshi-Adad IV., brother, 1080 Ashur-nâṣir-pal II., 1050 Erba-Adad (?), Ashur-nâdin-aḫê, Ashur-erbi, Tukulti-apil-esharra (Tiglath-pileser) II., 950 Ashur-dan II., son, 930 Adad-nirari II., son, 911
Dates Certain From Eponym Canon
B.C. Tukulti-Ninip II., son, 890 Ashur-nâṣir-pal III., son, 884 Shulmanu-asharid (Shalmaneser) II., 859 Shamshi-Adad V., 824 Adad-nirari III., 811 Shulmanu-asharid (Shalmaneser) III., 782 Ashur-dan III., 772 Ashur-nirari II., 754 Tukulti-apil-esharra (Tiglath-pileser, Pul) III., 745 Shulmanu-asharid (Shalmaneser) IV., 726 Sharru-ukin (Sargon) II., 721 Sin-aḫê-erba (Sennacherib), son, 704 Ashur-aḫ-iddin (Esarhaddon), son, 680 Ashur-bâni-pal (Asnapper), son, 668 Ashur-etil-ilâni, son, 625 Sin-shum-lîshir, (?) Sin-shar-ishkun, (?) Fall of Nineveh, 607
III. Weights And Measures
I. Weights
1 shekel = 180 _šê_. 1 mina = 60 shekels. 1 talent = 60 minas.
The weight of the mina may be reckoned in round numbers as 500 grams.
II. Measures Of Capacity
_Early Scale_
1 GIN = 180 _šê_ (?). 1 ḲA = 60 GIN. 1 GUR = 300 ḲA.
_Later Scale_
1 GUR = 180 ḲA.
III. Measures Of Length
1 ell (U) = 60 _ubanu_. 1 _ḳânu_ = 6 ells. 1 GAR = 2 _ḳânu_. 1 KASBU = 1,800 GAR.
On other measures see A. D. D., ii., pp. 197-218. The ell is about half a metre.
IV. Measures Of Surface
1 GIN = 180 _šê._ 1 SAR = 60 GIN. 1 GAN = 1,800 SAR.
The area of the SAR was one GAR square, or 6 metres square. Areas were also measured by the amount of corn required to sow them, or their average yield, that is by the GUR and ḲA.
V. Measures Of Time
1 day = 12 double hours. 1 month = 30 days, average. 1 year = 12 months, average.
Further details may be obtained from Zimmern’s _Das Princip unserer Zeit-und Raumteilung_, in the _Berichten d. philolog. histor. Classe d. Königl. Sächs. Gesellschaft der Wissenschaften zu Leipzig_. November 14, 1901.
IV. Bibliography Of The Later Periods
THE NEW BABYLONIAN EMPIRE
*Nabopolassar.*—Strassmaier published nineteen texts in _Z. A._, iv., pp. 141-45, of which three are transcribed and translated in _K. B._, iv., pp. 177-81. Dr. Pinches gave another, _C. T._, iv., p. 14, and another in Peek-Pinches, p. 3. Dr. Moldenke gave nine other texts in his _Cuneiform Texts from the Metropolitan Museum of Art, New York_.
*Nebuchadrezzar II.*—Strassmaier published 460 texts in _Hefts V.-VI._, of the _Babylonische Texte_, of which thirty-one are transcribed and translated in _K. B._, iv., pp. 180-201, and forty are discussed in Kohler-Peiser’s _Aus Babylonischen Rechtsleben_. Two texts are published by Pinches, _C. T._, iv., p. 38, two more in Peiser’s _Babylonische Verträge_, six texts from the Liverpool Museum were published by Strassmaier in the _Actes du VI. Congrès Internationale des Orientalistes, 1883_. Some of the above texts belong, however, to the reign of Nebuchadrezzar III.
*Evil-Merodach.*—Evetts published twenty-four texts in _Babylonische Texte, Heft VI., B_, of which _K. B._, iv., pp. 200-3, gives transcriptions and translations of two. Kohler-Peiser discuss eight in _Aus Babylonischen Rechtsleben_ and add one more. Strassmaier published two from the Liverpool Museum in the _Actes du VI. Congrès Internationale des Orientalistes, 1883_.
*Neriglissar.*—Evetts published seventy-two texts in _Babylonische Texte, Heft VI., B_, pp. 25-82. Of these four are transcribed and translated in _K. B._, iv., pp. 202-7 and Kohler-Peiser discussed fourteen in _Aus Babylonischen Rechtsleben_. In _Babylonische Verträge_, Peiser published another; and Strassmaier published three from the Liverpool Museum in the _Actes du VI. Congrès Internationale des Orientalistes, 1883_.
*Laborosoarchod.*—Evetts published six texts, _Babylonische Texte, Heft VI., B_, pp. 85-90. Of these, one is transcribed and translated in _K. B._, iv., pp. 206-7. Strassmaier published four in the _Actes du VIII. Congrès Internationale des Orientalistes, 1889_.
*Nabonidus.*—Strassmaier published 1134 texts in _Babylonische Texte, Heft I.-IV._ Of these, _K. B._, iv., pp. 206-59, gives transcriptions and translations of fifty-six, and three fresh texts from copies by Peiser, Pinches, and Revillout. Kohler-Peiser discuss sixty-five of them in _Aus Babylonischen Rechtsleben_ and add one more. Pinches published two, _C. T._, iv., pp. 30-41, and four in Peek-Pinches. Dr. Peiser gave another in _Keilschriftliche Acten-Stücke_, No. 3, two from the British Museum. Strassmaier published six from the Liverpool Museum in the _Actes du VI. Congrès Internationale des Orientalistes, 1883_. Dr. Moldenke gave forty-two texts in his _Cuneiform Texts in the Metropolitan Museum of Art, New York_.
PERSIAN PERIOD
*Cyrus.*—Strassmaier published 384 texts in _Babylonische Texte, Heft VII._, of which _K. B._, iv., pp. 253-85 gives transcriptions and translations of twenty-four, and Kohler-Peiser discussed thirty-four in _Aus Babylonischen Rechtsleben_, adding four new texts. In _Keilschriftliche Acten-Stücke_, Peiser gave two more; in _Babylonische Verträge_, fourteen more. Strassmaier gave two from the Liverpool Museum, in the _Actes du VI. Congrès Internationale des Orientalistes, 1883_. Pinches published another in Peek-Pinches, Dr. Budge another in _Z. A._, vii., p. 219.
*Cambyses.*—Strassmaier gave 441 texts in _Babylonische Texte, Heft VIII.-IX._, but in these no distinction is made between the reigns of Cambyses and Cyrus, Cambyses alone, Cyrus alone. _K. B._, iv., pp. 260-63 gives transcription and translation of four, followed by twenty-five of Cambyses alone and fourteen of Cyrus alone. Kohler-Peiser discussed twenty-one in _Aus Babylonische Rechtsleben_. Peiser gave seventeen more in _Babylonische Verträge_ from the Berlin Museum and one from the British Museum. Strassmaier gave three from the Liverpool Museum, and one in possession of Golenischeff in the _Actes du VI. Congrès Internationale des Orientalistes_. Pinches published one in _C. T._, iv., one in Peek-Pinches. Dr. G. A. Barton published two in the _American Journal of Semitic Languages, January, 1900_.
*Barzia.*—Strassmaier published nine texts, _Z. A._, iv., pp. 147 ff., of which four are transcribed and translated, _K. B._, iv., pp. 294-98. Peiser gave three more in _Babylonische Verträge_. Strassmaier published one from the Liverpool Museum in the _Actes du VI. Congrès Internationale des Orientalistes, 1883_.
*Nebuchadrezzar III.*—In _K. B._, iv., pp. 298-303, three are transcribed and translated from those published above and ascribed to Nebuchadrezzar II.
*Darius.*—Strassmaier has published 579 texts in _Babylonische Texte, Heft X.-XII._, of which _K. B._, iv., pp. 302-11 gives transcription and translation of nine. Kohler-Peiser discuss ninety-six in _Aus Babylonischen Rechtsleben_ and add seven more. Pinches published six in _C. T._, ii., p. 2; iv., pp. 21, 32, 41, 43, 44; and twelve in Peek-Pinches. Peiser gave fifteen in _Keilschriftliche Acten-Stücke_, and fifty-five in _Babylonische Verträge_ from the Berlin Museum, twenty-four from the British Museum. Dr. G. A. Barton gave twenty-seven in _American Journal of Semitic Languages, January, 1900_. Strassmaier gave six from the Liverpool Museum in the _Actes du VI. Congrès Internationale des Orientalistes, 1883_. Dr. Budge published three in _Z. A._, iii., pp. 216 ff.
*Shamash-erba.*—Strassmaier published one text of this period in _Z. A._, iii., p. 157 f.
*Xerxes.*—Evetts published four texts, _Babylonische Texte, Heft VI., B_, pp. 91-94; of these _K. B._, iv., pp. 310-11 gives transcription and translation of one. Pinches published one, _C. T._, iv., p. 34, Dr. G. A. Barton gave one in _American Journal of Semitic Languages, January, 1900_. Strassmaier published seven in the _Actes du VIII. Congrès Internationale des Orientalistes, 1889_.
*Artaxerxes.*—Professor Hilprecht and Dr. Clay have published 119 texts with transcriptions and translations of twelve, in the ninth volume of the series of Cuneiform Texts of the collections of the University of Philadelphia. Kotalla has given transcriptions and translations of others in _B. A. S._, iv. Dr. Peiser gave a transcription and translation of one from his own copy, _K. B._, iv., pp. 312-13. Kohler-Peiser give two more in _Aus Babylonischen Rechtsleben_. Dr. G. A. Barton gave four in _American Journal of Semitic Languages, January, 1900_. Strassmaier published nine in the _Actes du VIII. Congrès Internationale des Orientalistes, 1889_, and one in _Z. A._, iii., p. 158.
MACEDONIAN PERIOD
*Alexander IV.*—Strassmaier, _Z. A._, iii., p. 150, transcribed and translated one, also _K. B._, iv., pp. 312-13. Pinches gave one, _C. T._, iv., p. 39.
*Seleucus II.*—Oppert, _Doc. Jur._, pp. 301 ff., gave two, one given again, _K. B._, iv., pp. 312-17. Pinches gave another, _C. T._, iv., p. 29. Strassmaier published one in _Actes du VIII. Congrès Internationale des Orientalistes, 1889_; and one, _Z. A._, iii., p. 152 f.
*Demetrius.*—Strassmaier published two, _Z. A._, iii., pp. 148-50.
*Antiochus III.*—Strassmaier published one, _Z. A._, iii., p. 150 f., transcribed and translated also, _K. B._, iv., pp. 316-17.
ARSACIDE PERIOD
Strassmaier published sixteen texts, _Z. A._, iii., pp. 143 ff., one is given in transcription and translation, _K. B._, iv., pp. 318-19.
INDEX
Superior Roman numerals refer to sections of the early Babylonian laws, superior arabic numerals to the laws of the Code of Ḥammurabi, and superior capitals to the later Assyrian or Babylonian laws.
Abatements: for loss of crop, 48, 45, 46 for loss of interest, 48, 48
Abêshu’, letters of, 328
Accidental loss: by drought, etc., payment postponed, 48, 48 by storm or rain falls on tenant, 48, 45 shared by tenant and owner if rent unpaid, 48, 46
Accounts and business documents: account books, 295 acknowledgment of advances, 302 amounts of food-stuffs, 301 Assyrian lists, 298 conditions of service with flock and herds, 296 herdsman’s, 297 its obscurity, 297, 298 iron articles, mention of, 302 leather, 301 receipts for loans, 295 records of measurements, 296 repairs and expenses, 296 sheep-shearing, 300 skins, 301 steward’s accounts, 302 weaving, 300 wool, memoranda regarding, 299
Adjournment of case: not to exceed six months, 45, 13 to call witnesses, 45, 13
Adoption: adoption implied inheritance, 157, 160 brought responsibilities to both parties, 155 by craftsman, who has taught him his handicraft, 61, 188, 189; he cannot be redeemed, 61, 188; but redeemable if not taught, 61, 189 by deed signed and sealed, 155 by wealthy persons, 160 consent of others in the family, 156 duties of adopted children, 158, 159 such as service, 159 form of adoption, 157 frequency and reasons for, 154 if disinherited, he receives one-third of son’s share before leaving, 61, 191 but not field, garden, or house, 61, 191 method of procedure, 155 of child of unknown parents, 61, 186 who shall return to parents when known, 61, 186 of royal favorite, or courtier, or votary, 61, 187; who shall not be reclaimed, 61, 187 of natural son, 61, 185 precautions against suits, 159 punishment of adopted children, 160 pure and simple, 156 repudiation and disinheritance, 157 _sq._ repudiation by adopted son punished, 61, 192 _sq._ rights of adoption to be accepted, 61, 190 system considered, 154 _sq._
Adultery: charges of, 54, 129, 131, 132 of wife of captive excused, 54, 134 penalties for, 117, 118 penalty, strangling, 54, 129 drowning, 54, 133
Advocate or pleader, 88
Affidavit as to cause of death, 65, 249
Agent. _See_ Merchant: disputing with principal, 51, 106, 107 his power of attorney, 44, 7, 292 his relations with the principal, 51, 100-107 if loses or unsuccessful, or robbed, repays capital, 51, 101-103 must give strict account of intromissions, 51, 104 must have power of attorney, 69 must keep accounts, 51, 100 of money received, 51, 100 of interest due, 51, 100 must receive sealed acknowledgment, 51, 104 pays threefold for misappropriation, 51, 106 relation to the merchant, 281 _sq._
Agnates, their power, 137
Agriculture, its form, duties, and risks, 48 _sq._
Alienation: by assignments, 218 by business transfer, 218 by donations and bequests, 218 _sq._ by gifts to votary, daughter, wife, 220, 221 consent of legal heirs, 221 of property, 218 _sq._ of public property forbidden, 47, 33 sq. restricted by family rights, 219
Allowances: to divorced wife, 54, 137 usufruct to bring up the children, 54, 137
Alteration of bond by post-dating, 48, 48
Ammi-ditana, letters of, 328
Ammi-zadûga, letters of, 329
Ancestors: as a family bond, 120. _See_ Family
Ancestral: domain, lands subject to, 187 estates, 194
Apprentice, slave taught as, 181, 182
Armenia, references to, in Sennacherib’s letters to Sargon, 338 _sq._
Artificers of the temple, 213
Ashurbânipal: friendly letters of, 360 _sq._ inquiries about oracles, 379 letters illustrating his reign, 347 _sq._, 352, 353 _sq._, 361 _sq._ son of Esarhaddon, 366 value of his library, 6, 10, 31
Assault: fatal, to free-woman, 62, 209, 210 to plebeian, 62, 212 to slave, 62, 214 of freeman by slave, 62, 205 of man of higher rank, 62, 202, 203 of pregnant free-woman, causing miscarriage, 62, 209 of plebeian by plebeian, 62, 204 of pregnant plebeian, causing miscarriage, 62, 211 of pregnant slave, causing miscarriage, 62, 213
Assessment of damages. _See_ Damages: by sheep to green crop, 49, 57 to ripe crop, 49, 58 for assault. _See_ Assault, Fines for failing in terms of lease, 48, 42, 44 for lack of professional skill. _See_ Surgeon, Veterinary for neglect. _See_ Neglect tree cut without consent, 50, 59
Assignment for debt: of all the debtor has, 50, z of crop, 48, 49, 49, 50 of date plantation, 50, x of wife, son, or daughter, 52, 117
Assyrian: epochs, 31 estimated proportion of slaves, 182 usages regarding slaves, 171
Attorney: power of, for executing a deed, 69 for representative action, 294 for protecting rights, 293 its use, 44, 7, 292 over funds, 294
Average: crop in damages, 49, 55 rent in damages, 48, 42, 43, 50, 62, 65
Babylonia: boundaries of land, 190 _sq._ canals, irrigation, 185 early postal system for letters, 309 importance of studying, vii _sq._ influence of natural features, 184 its epochs, 15, 34, 131, 182 land tenure in, 184 _sq._ lasting effects of its civilization, vii law later, 69 _sq._ names in slavery, 177, 178 ownership of land, 185, 186 primitive tenure, 185 _sq._ proportion of slaves in the population, 182 village lands, 185
Bailiff. _See_ Official: has charge of cropping the farm, 48, 49, 49, 52
Bailment: from minor or slave without bond or witnesses, 44, 7; and penal equals theft, 44, 7
Banishment: as an ancient custom, 98 from the city for incest, 56, 154
Bank, temple the popular place of deposit, 210, 211. _See_ Temple
Beer-seller: bound to summon slanderers and brawlers to palace, 52, 108 gives 60 ḲA of _sakani_ beer for 50 ḲA of corn, 52, 111 prosecuted and drowned, 52, 108
Beer-shop: closed against votaries, 52, 110 drink to be not cheaper than corn, 52, 108 not allowed for unlawful assemblies, 52, 109 regulation of, 52, 108-110 votary forbidden, 52, 110
Benefice: may be assigned to son, 46, 29 deputed, 46, 27-29 forfeited by neglect or disuse, 47, 30 may not be assigned for debt, 47, 39 bequeathed, 47, 38 given for ransom, 47, 32 given in exchange, 48, 41 may not be bequeathed or assigned for debt, 47, 38, 39 may not be given in exchange, 48, 41 penalty for its abuse or neglect, 46, 27-29, 47, 30, 31 price paid for it forfeited, 47, 35, 37 or alienated, 47, 32 _sq._; by sale, 47, 32 _sq._
_Bennu_, slave disease, 67, 280, 170
Bequest: power of, restrained, 56, 150 free, 56, 150
Betrothed: betrothal in early life, 132 maiden in her father’s house, 54, 130, 132 marriage ceremony, 132 seduction of, 54, 130, 132, 134
Bibliography: Arsacide Period, 402 Macedonian Period, 402 New Babylonian Empire, 399 Persian Period, 401
Bigamy: considered as a custom, 134 in ignorance, 54, 135
Boat: building of, 64, 234 fast, hired, 67, 276 in collision, 64, 240 one of 60 GUR hired, 67, 277 value in trading, 284, 285 wreck of, 64, 235-238