Babylonian and Assyrian Laws, Contracts and Letters Part 23

(M557) Somewhat later, in the time of the First Dynasty, a number of these Sumerian words and expressions are replaced by their Semitic equivalent.

Indeed, some deeds are Semitic only. We can by comparison make a fairly complete study of Sumerian legal terms. To some extent this was already done by the scribes who drew up the series of phrase-books called _ana ittiu_. But many new forms occur in these deeds.

(M558) To translate all the contract-tablets would be useless, for all the deeds of sale are exactly alike, except the names of parties, witness, or neighbors, and the specification of the property. The repet.i.tions were necessary, for each deed required an exact statement. But it is sufficient, having once noted the style of doc.u.ment, to call attention to the peculiarities of the specifications.

(M559) (M560) Very interesting are the references to earnest money, or the gift presented to close the bargain. As early as the time of Manistusu(583) we find not only a price paid, but also a present given to the seller as a good-will offering. These are of a most varied and valuable nature.(584) As already pointed out by Meissner,(585) in the purchase of a slave for four and a half shekels, a little present of fifteen _E_, or one-twelfth of a shekel, was thus added. Likewise when another slave and her baby were sold we find that in addition to the price of eighty-four shekels, one shekel is thrown in as a present.(586) I do not recall the occurrence of this custom in a.s.syrian times, but in the later Babylonian doc.u.ments it is common. There it is often referred to as the _atru_, or "over-plus." Thus we find that in the sale of a house in the time of Nebuchadrezzar III.,(587) besides the "full agreed price,"

_imu gamrutu_, of half a mina of silver, the buyer gave one shekel of silver, _ki atri_, "as an addition," and "a dress for the lady of the house." The whole payment thus made of thirty-one shekels was called the _ibirtu_. So in the time of Darius (?) we find that, in addition to the full price of three minas, five shekels of silver, the buyer adds, _ki atri_, six shekels of silver and a dress for the lady of the house, making three minas, eleven shekels of silver as the _ibirtum_,(588) or simply to a price of two minas of bright silver he adds two shekels, _ki pi atar_, making a _ibirtu_ of two minas, two shekels of bright silver.(589)

(M561) Equally interesting are the sums charged as fees to the scribe.

This was paid to him expressly for obtaining the seller's seal or nail-mark as a conclusion of the contract.(590) Thus at the end of a deed of sale of a single male slave, executed by three owners by affixing three impressions of the same seal, and drawn up by one scribe, we read "Seven shekels of silver for their seal." The price was about one hundred and forty shekels. Thus the scribe received a fee of five per cent. on the sale price.(591) The ratio was not constant. It might be as low as two per cent. Thus in the case of a sale of a slave by two owners, who made four nail-marks in lieu of seals, we read "one mina of bronze for their nail-marks." There was but one scribe, and the price was fifty minas of bronze.(592) Hence we cannot think that this fee was paid for the scribe's seal, as some have done. The seal, or nail-mark, was not "the authenticating subscription by the notary," but by the seller.

(M562) In a.s.syrian times the deed of sale was a much longer doc.u.ment. The same general form is observed, but the doc.u.ment starts with a heading giving the information that the seller had sealed the doc.u.ment, or, in the absence of a seal, had impressed his nail-mark. No one but the seller ever seals or impresses his nail-mark. The seller is usually described as the _belu_, or "legitimate" owner of the property made over. Then first after the seal, or in a s.p.a.ce left for it, comes the specification of the property. Next it is stated that the buyer has made a bargain and taken the property for so much. But the bulk of the doc.u.ment is devoted to a contract that the seller, his representatives, heirs, and a.s.signs, shall never rescind the sale, or bring any suit to recover possession, under specified and heavy penalties. The wording of these pa.s.sages recalls most strikingly the imprecations of the kings in their charters upon those who, in after times, should dare to render their gifts inoperative. This grand style is one of the many indications that for the a.s.syrian period most of the deeds we have were drawn up on behalf of the king's household.

(M563) It is usually stated that the purchase is complete, the full price paid and delivery of possession made. But in some cases this was a mere conventional statement, and both payment and delivery were delayed. There was to be no return of the goods, no turning back from the bargain; the pleading of a suit of nullity of sale is expressly barred. It is of interest to notice who were regarded as competent, or likely to take action to recover the property. Sons, grandsons, brothers, brothers' sons, are all named. The enumeration clearly included females of the same nearness of kins.h.i.+p. Sisters are actually named. All these relatives are included in the term "his people." In some cases the _aknu_, or governor of the district, is named, especially where slaves are sold, or the estate involved the transfer of serfs. The _aknu_ clearly had rights over lands and slaves within his district. The transfer of property might act injuriously to his rights. It was usual to stipulate that he had no such rights. How they had been annulled we do not know. Perhaps by some previous charter conferring exemption. The _?azanu_ also appears to have had the right to intervene. The country seems to have been split up into districts which were called on to furnish fifty units, each consisting of an archer and a spearman or s.h.i.+eld-bearer. Hence, the _rab ?ana_, or "captain of fifty," was really in command of a hundred men. Whether this obligation lay on a group of a hundred families or not, it is clear that the transfer of owners.h.i.+p of land might lead to embarra.s.sment of the official. Hence, the _rab ?ana_ was likely to intervene also. There was service on public works also concerned in the matter. Whatever official was _bel ilki_, or had right to "the levy," might intervene. The chief of a certain district was called a _rab ki?ir_; he was also commander of a section of the army, and he had the right to intervene. Other officials as the _apiru_, _?urbu_, are named, but in all cases the nature of the claim must have been similar. The object of the buyer was to stipulate that the seller should hold him exempt from such claims. How this could be done does not appear.

(M564) The oath to observe the contract made between the parties still appears, but is not common. As before, these oaths are of interest, for the light which they throw upon local cults. The G.o.ds were invoked as being the avengers of wrong. The decision of the king was also still regarded as a source of vengeance, since he was bound to see right done.

(M565) The penalties most commonly invoked were payments to the treasury of a temple. These were in the nature of forfeits. The sum set down in the deed rarely bears any exact relation to the value of the property, but is merely a large amount. Usually, a sum in both silver and gold is stated, but no relation between the relative worths of the metals can be deduced.

The forfeit might take the form of presenting two or more white horses to the G.o.d. In a few cases, the penalty consisted in the devotion of a child, usually the eldest son or daughter, to a G.o.d. The verb used for "devoting"

a child literally means to "burn." This seems to point to an earlier sacrifice of children by fire. But variants show that it was now used in a more general sense of dedication. The "cedar wood of Ishtar" is named as the spot where a daughter was to be dedicated. Further, other objects might be dedicated as a forfeit. A great bow of bronze to Ninip of Kal?u is named.

A deterrent penalty was to return the price "tenfold" to the seller. Once or twice the penalty is "twelvefold." A further penalty was to pay a talent of lead to the governor of the city or state. Very curious is the penalty of being required to eat a mina of some food, possibly a magical compound, and drink an _agannu_ pot of some drink. That this drink was taken from a bowl inscribed with magical formulae seems to be the best way of reading the signs. The penalty was, therefore, an ordeal. Then, if the contention was right, the plaintiff would be immune; if he was merely litigious, perhaps he would be sick or even die.

(M566) Finally, it is often laid down that, if either party (especially the seller) shall attempt to bring a suit about the property, the judge shall not hear him, or if he insists, he shall lose the action. Throughout it is clear that the buyer tries to make the seller contract to waive all rights to recover his property, but he holds to certain rights of his own.

Thus, in the sale of slaves, a clause is frequently inserted which claims a hundred days within which to set up a claim to repudiate the purchase, on the ground that the slave is afflicted with certain diseases, the _?ibtu_ and _bennu_, the character of which is not exactly known. Also he bargains that a blemish may be at any time an excuse for annulling the bargain. These really amount to demanding a guarantee from the seller that the slave was free from disease or other undisclosed weakness.(593)

(M567) The later Babylonian tablets do not ill.u.s.trate much that is of great interest. They often record the initial verbal discussion. Thus we find that when A bought of B, some phrase like the following is recorded: A said thus to B: "Give me thy property and I will give thee so much silver." Then we read that "B listened to him and gave A his property and A gave him so much silver." It is a curious little touch of verisimilitude.

(M568) Sales usually were for the full price, or the agreed price, paid down at once. This is expressly stated. But in the later Babylonian times we have some examples of deferred payment, which may also have been common during earlier periods. Thus, a man sold a slave for fifty shekels and received twenty-five shekels as advance price. The rest was to be paid later.(594) The payment was probably made soon. Thus we find a lady selling four female slaves to a certain man and taking a bond of him to pay four shekels, the balance of the price, on the second of Kislev, a week later.(595) The interval might be two days only;(596) but sometimes a much longer period of grace was allowed-as much as two months and seven days-although the purchase was taken away at once.(597)

(M569) It is occasionally stipulated that if the purchase-money is not paid by a certain date, the object purchased shall be returned. Thus S, having sold B some slaves, took a bond of him that, if B did not pay in a week, he would return them.(598)

(M570) A long retention of the thing purchased-especially when it was profitable-without payment, was of course a loss to the seller. Hence, we find the seller of a slave taking a bond of the buyer that, if he did not pay on the date fixed, he should return the slave and his _mandattu_, or the income which a slave paid to his master.(599)

(M571) A distinct case of fraud occurs(600) in the sale of a slave belonging to A by his brother B without A's knowledge. To make the matter worse, B had the contract drawn up in A's name. This was doubtless represented to be a case of agency, but there is no conclusive evidence.

(M572) One of the earliest inscriptions, the stele of Manistusu, records the purchase of large estates to form a possession for his son Mesalim, afterwards King of Kish. The whole inscription is splendidly published in photogravure in the _Memoires de la Delegation en Perse_, Tome II., pp.

1-52. It is divided into a number of sections each recording a separate purchase. One example will suffice as characteristic of all:(601)

A field of seventy-three _GAN_, its price being two hundred and forty-three and seven-fifteenths _GUR_ of corn, at the rate of one shekel of silver a _GUR_ of corn; price in silver, four minas, three shekels, and one "little mina," the price of the field, and half a mina, six shekels and a fraction of silver, as a present to close the bargain; one garment for A, son of B, in presence of C, priest of Zamama (G.o.d of Kish); one garment for D, son of E.

Total, two garments present for the field. Total, two men serfs of the field and food and money for the sons of C, priest of Zamama.

(M573) Here are many noteworthy pieces of information. The price of corn is fixed with relation to silver. It remained the same down to late Babylonian times. A present was given in addition to the price, as in many sales even to the latest times. The serfs go with the land. Certain food and money allowances are reserved to the priest C and his descendants.

This was probably a territorial charge. Many other points of interest are furnished by the other sections. Thus, among the presents given are numerous vessels of gold, silver, and copper. The garments are of various kinds. The men who receive presents do not appear to be merely the sellers, but also elders of the city or district. This indicates a tribal or district right of control over the alienation of land. The boundaries of the estates are often given and are of great interest for topography. A number of persons are named as witnesses to the separate sales. In one way or another some five hundred persons and about forty places are named.

Over forty t.i.tles or names of professions are given. Among them we note many familiar in later times, the _abrakku_, _nagiru_, _patesi_, _akkanak_, as well as a king. We see already judges, merchants, scribes, irrigators, boatmen, carpenters, singers, shepherds, seers, branders, as well as slaves. We read of sheep, a.s.ses, goats, oxen. And all this from one inscription. It is a fine example of the kind of information this cla.s.s of doc.u.ments may afford. Not least in importance is the fact that many Semitic, as well as Sumerian, names and words occur.

(M574) In the case of landed property the deeds of sale usually specify its position. In the case of fields and gardens four neighbors are often specified. Their plots of land then completely enclosed the plot concerned. What rights of access to such a plot existed does not appear, but where the boundaries were low mounds or ridges, it may be a.s.sumed that the tops of these were common to all for access and carriage. In towns, more usually three neighbors are named, the fourth side is often said to be on the street. Sometimes four neighbors are given for a house, but then an exit, _mu?u_, is specified, which doubtless means a right of way through, or past, another house to the street. When more than four neighbors are named, it is probably the case that on one side the plot was conterminous, at least partly, with two of them. Very commonly only two neighbors are given, one each side. We may then presume that there were streets or lanes both front and back. If we could press the term _bitu_ to mean "house," we might conclude from many cases that the old Babylonian cities contained streets of houses, which were one conterminous block of buildings. But they seem in very many cases to have had some open ground, and often gardens were attached.

(M575) These boundaries are of great interest both from the point of view of population and geography. Were we able to consult all the doc.u.ments which were once stored in the archives of one great temple, we might map out a city and a.s.sign each plot to its owner; and then extend our map and the names of owners to the fields and plantations which lay around the city. For outside the city walls the _ugaru_ or town-land extended to a considerable distance from the city walls. We may even soon be able to determine what was the approximate extent of this margin about the city, a belt of land often called a _?ablu_ or "girdle."

(M576) Usually the plots are said to be in a city whose name is given.

Thus we conclude the close proximity of La?i, Ishkun-Ishtar, Malgia, ?al?alla, to Sippara. Indeed, they were probably conterminous with it.

Often the plot is stated to be in some quarter, or ward of the city. For the most part the names of these wards, as for example Gagim, Karim, are difficult to understand. Why or how they obtained these names we cannot tell. It is noteworthy that one ward was called Amurru, "the Amorite land." Much has been made of this by Professors Hommel and Sayce, but we are still far from clear ideas on the point. With respect to other indications of locality, it must be noted that they are usually at the end of the first line at the right-hand top corner of the tablet, and have suffered defacement more often than any other detail, so that they are often illegible.

(M577) From many considerations it appears that most of these plots were rectangular, but it is curious to note that many plans of houses and fields exist which show that this was not always the case. Perhaps it was the irregularity of the outline which made plans necessary and they may be an indirect witness to the rarity of such a feature.

(M578) As a rule the private houses seem to have been small and to have had a few small rooms. The palaces, or mansions of the great, had much more extensive conveniences. One reads of several specially defined rooms, but their names do not as a rule tell us much of their use. Wash-houses, shops, stables, granaries, and vacant plots, as well as gardens and orchards, are often attached. Apparently one had to leave the house to enter these. The houses were built of brick and their roofs were supported by strong beams. In many plans, while the doorways for internal communication are carefully marked, there seems to be no access from the street. Perhaps this is a peculiarity of the architect's ideas of a plan, the door to the street being understood. At any rate, doors, bolts, posts, and a lintel are frequently named. These were often put in by the tenant and, like the beams, taken away by him. A door might be pledged alone. But it is possible that some houses had no door proper, being entered by steps leading to the roof. This may be the explanation of the oft-mentioned _mu?u_ or right of way out, either between, through, or over, other house property. When a house had other houses touching it on each of four sides, something of the kind was necessary.

Probably the house did not usually have an upper story; but, perhaps, as a remarkable exception, an "upper house" is occasionally mentioned. There is reason to think that some were in the form of a quadrangle, around an inner court; as there are wells, or fountains, mentioned as being "within the house." In some parts of the city, at any rate, the block of buildings was continuous. But there were many streets, and ca.n.a.ls also, in the cities. The streets, _su?e_, were as a rule only narrow lanes or pa.s.sages.

As shown by the excavations at Nippur, houses stood for a long time. When first used, the floors were above the street level, but after the footpaths had been some time in use, they rose to the level of, and finally above, the floor, so that there were steps leading down into the house.(602)

It seems evident that great efforts were made to provide drains for the foundations; and perhaps other sanitary appliances were found in the better cla.s.s of houses. But we must await more extensive exploration, not necessarily in the more important mounds, before we are able to give a clear account of an ancient Babylonian house.

(M579) In the sale of a house it was often stated that the house was in good condition.(603) In this respect many particulars might be recited, or the whole summed up in one concise phrase. In the early Babylonian doc.u.ments no good example is yet published in which all the points are mentioned. We must refer to an example of a.s.syrian times,(604) where all the chief points occur together. Early Babylonian tablets mention nearly all of these items, but only one or two at a time. Thus we have a note that the beams and doors are sound. Wood was scarce, and a tenant usually stipulated to take away the beams and doors, if he put them in. The fact that a man might pledge a door(605) suggests that the modern theory of interchangeable parts was antic.i.p.ated in Babylonia, so that a door would as a rule fit any house. What the beams were for is far from clear. To carry screens or curtains of skins over a central court seems most likely.

Actual roof-beams were probably included in the "roof" itself, which is mentioned separately from the beams. The threshold, or perhaps, rather, the lintel of the doorway, may be meant; and, with the door-posts, be included under beams. The bolt or crossbar of the door is often a.s.sociated with these beams.

(M580) Streets are more frequently named as boundaries of a house than in any other connection. The "great street," or "wide street," occurs continually. Whether this was the main street of Sippara, or only one princ.i.p.al thoroughfare, is not always clear. Streets are often named after a G.o.d; thus the street of Lugal-amgaba, of Ishtar, of Bunene, of Belit-nu?s.h.i.+ occur. They were named after people; Immerum the king, or Kat-Ninsa?, whose house adjoined the street named after him. The gate of Sin and his garden are named. Ca.n.a.ls, especially the _Nar tupsarruti_, the _Nar Bilia_, are named. Roads, as that to Ishkun-Ishtar, are sometimes given.

(M581) The following is a good example of a deed of sale at the time of the First Dynasty of Babylon,(606) translated literally and ill.u.s.trating the usual order of words:

One and two-thirds _SAR_ of land built on, next to the house of Nabi-ilishu, and next to the house of Ilushu-ellatzu; upper end, the house of ?aiabni-ilu, its exit to that of Immarum, _ar irbitim_ which is his own also; from Nabi-ilishu, Lamazi, the votary of Shamash, daughter of Kasha-Upi, by her written order has bought, its full price in cash has paid.

In future, party with party, they shall not dispute.

By the name of Shamash, of Marduk, and of Apil-Sin they have sworn.

Then follow the names of five witnesses, but there is no date given.

(M582) The house was in Sippara, since it is known that Nabi-ilishu resided there.(607) The "exit," that is to say, the front door, opened on the road to the house of Immarum. The scribe means to say that ?aiabni-ilu, who was a neighbor, owned the house of Immarum. It appears that Immarum was _ar irbitim_, "king of the four quarters," a t.i.tle often borne by Babylonian kings. There is a great probability then that Immarum was no other than the Immerum, once King of Sippara, in the reign of Sumu-la-ilu. It is not necessary to suppose him still alive. This deed was executed in the reign of Apil-Sin, whose father, ?ab.u.m, had reigned fourteen years after the death of Sumu-la-ilu. Further, one of the witnesses, Sin-ublam, is said to be a son of Immerum.

Thus we may conclude that Immarum, or Immerum-the difference in spelling is slight for these times-King of Sippar, bore the t.i.tle of "king of the four quarters," and as such was still remembered in Sippara. The exact meaning of the term has been disputed, but Sippara was a fourfold city: Sippar the great, Sippar Amnanu of the G.o.ddess Anunitum, Sippar Edinna, and Sippar I?rurum are named in the tablets of this dynasty. Perhaps the four quarters of Sippara are meant.

Lamazi, the buyer, daughter of Kasha-Upi, votary of Shamash, bought another house in the nineteenth year of Sinmubali?,(608) borrowed a quant.i.ty of lead in the first year of ?ammurabi,(609) and bought a female slave in a year of ?ammurabi's reign, the date of which is not yet fixed.(610) The name Lamazi is common and was borne by several votaries of Shamash whom we know to be daughters of other men than Kasha-Upi. But she may well be the same as the lady who figures without such marks of ident.i.ty in several other doc.u.ments. For example, she is named as being a neighbor of Ilushu-ellatzu.(611)

(M583) The phrase _ina apiria_, "by her order," occurs often. It implies that Lamazi acted through an agent, when she borrowed the lead, she acted through a _mar ipri_, a messenger and agent. She bought her other house in the same way. This does not imply any disability on the part of women to enter into business, for they were as free and competent to act as men.

Nor does it arise from her being a votary of Shamash, for these ladies are concerned in by far the larger part of the transactions recorded at Sippara. It is merely the fact that on these occasions, as was frequently done, Lamazi employed a business agent, who is not named. Her father, Kasha-Upi, is referred to again as buying a house from the sons of Nabi-ilushu,(612) where we learn that the latter was a son of Shamash-ina-matim and brother of Kasha-Upi. Lamazi was therefore a niece of Nabi-ilushu.

(M584) It will be noted that the price paid for the house is not given.

This is often the case. But more commonly the price is named. As Dr.

Meissner has already pointed out, prices varied greatly. Houses in a small provincial town like Tell Sifr naturally did not bring the same price as those in Sippara. But variation was probably even more due to situation and size. The lowest price per _SAR_ was four shekels, the highest thirty shekels. This gives a wide margin.

(M585) While there are many examples of the sale of houses in a.s.syrian times, they do not as a rule exhibit any important peculiarities. The best example comes from Erech(613) and may be taken as a representative specimen:

The house of Ina-es.h.i.+-e?ir, son of Nabu-e?ir, a well-built house, furnished with door-frames, a roofed house, the door and crossbar of which are firm, in the quarter of Bit Kuzub-shame-er?iti, which is in Erech; upper side next Sula, Nabu-na?ir and Bel-a?e-erba, sons of E?eru; lower side next Ereshu, son of Shama; upper end next ?illa, son of Nabu-a?iddin; lower end next Ereshu, son of Nabu-belani; on each side the house of Ina-es.h.i.+-e?ir, son of Nabu-e?ir, more or less, so much as there is, for one mina fifteen shekels of silver, as price, he has intrusted to Ereshu. It is given, received, paid for, freed. An exception to the sale cannot be taken, there is no going back, neither shall implead the other.

Hereafter, in future, in days to come, neither brothers, sons, family, relations on either side of the house of Ina-es.h.i.+-e?ir shall arise and lay claim or cause claim to be laid on this house, shall alter or complain saying [the usual pleas are understood here but omitted]. If so, he shall pay twelvefold. At the sealing of this tablet were present [then follow the names of five witnesses]. Dated in the twentieth year of Ashurbanipal.

Ina-es.h.i.+-e?ir has impressed his nail-mark in lieu of a seal.