Legal defects
The objections which come under the head of legal defects are summed up in the Code as a bagru, or “complaint.” In the contracts and Code this could be pleaded at any time. So in Assyrian times a sartu, “a vice,” could be the ground for repudiation at any time. This might arise from the disposition of the slave. The sale might also be invalidated by a claim on him for service to the state; by a lien held by a creditor; by a claim to free citizenship. But we are not yet in a position to state definitely what was the exact nature of these claims. Doubtless the recovery of further codes will fix them finally.
In later Babylonian times Law B specially provides for the return of the slave at any time, if a claim be made on him.
Assyrian usages regarding slaves
In Assyrian times sales of slaves are very frequent, and we learn much more about the status of the slave. The slave was certainly a social inferior, but probably had more freedom than any other who ever bore the name. He certainly had his own property and could contract like a free man. A young slave lived in his master's house up to a certain age, when his master found a wife for him. This was usually a slave-girl. The female slaves remained in the house as domestic servants to old age, unless they were married to a slave. Married slaves lived in their own houses for the most part. Many such men seem to have taken up out-door work, gardening, agricultural labor, or the like, on their master's estates. Others engaged in business on their own [pg 172] account. But from all the master had a certain income. This was, within a little, the average interest on the money-value of a slave. And that interest was usually twenty-five per cent. per annum in Assyria.
Right of a slave to the enjoyment of his property and family
Theoretically a master owned his slave's property. What this ownership amounted to is hard to say. But the slave was rarely separated from it. His family at any rate was sacred. When sold, he was sold with his family. This, of course, does not exclude the sale of a young man at a time when he would naturally leave his father's home. Young women were taken into domestic service, and after a time sold. But there was none of that tearing of children from parents, which so shocked people in the modern examples. It is probable that a slave could not marry without his master's consent. He certainly could not live where he liked. But he was free to acquire fair wealth, and his property was so far his own that he could buy his own freedom with it.
The serfs
In Assyria there was a large body of serfs, glebae adscripti. They could be sold with the land. But they were free to work as they chose. Usually they cultivated a plot of their master's, but often had lands and stock of their own. They were not free to move, and probably paid a rent, one or two thirds of their produce. But they were mostly on the metayer system, and could claim seed, implements, stock, and other necessary supplies from their master. This class evidently possessed privileges highly esteemed, for their ranks were recruited from all classes of artisans in the towns, cooks, brewers, gardeners, washermen, and even scribes. Some of these were probably free men, others certainly had been slaves.
Advantages of slavery