In this particular case the words within quotation marks are written in Sumerian. The variations are slight as a rule, but enough to show that the scribe understood what he wrote and could make correct changes when needful. The use of such a large amount of Sumerian in these deeds, along with Semitic names and specifications, has often been compared to the retention of Latin words in the body of legal documents in European countries, almost to the present day. It will be noted that this portion constitutes the formal body of the document, and might well have been kept ready written, blanks being left to fill in the names and specifications. It is not, however, easy to find proof that this was done in early times.
Later deeds often in Semitic only
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 [pg 230] phrase-books called ana ittišu. But many new forms occur in these deeds.
The specifications of the deeds the items of permanent interest
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 repetitions were necessary, for each deed required an exact statement. But it is sufficient, having once noted the style of document, to call attention to the peculiarities of the specifications.
The earnest money
Common in later Babylonian deeds
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 ŠE, 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 Assyrian times, but in the later Babylonian documents 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,” šîmu gamrûtu, of half a mina of silver, the buyer gave one shekel of silver, kî 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 šibirtu. 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, kî atri, six shekels of silver and a dress for the lady of the house, making three minas, eleven shekels of silver as the šibirtum,[588] [pg 231] or simply to a price of two minas of bright silver he adds two shekels, kî pî atar, making a šibirtu of two minas, two shekels of bright silver.[589]
The notary's fee
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.