CHAPTER XI.
Morality of the Ancient Babylonians.
For some years past, the French explorer De Morgan has been making extensive excavations at Susa, the capital of ancient Persia, and before the rise of Persia, the capital of Elam as early as 3000 B.C. In the winter of 1901-1902, having removed layers of earth containing ruins of Persian palaces, he reached deposits contemporary with some of the old Elamite kings. Here was discovered a stone monument inscribed with the code of Hammurabi. As we have seen, this king ruled Babylonia about 2000 B.C. He it was who united all the little city-states into one kingdom with its capital at Babylon. Proving himself a statesman as well as a warrior, he devoted himself to the welfare of his subjects. He repaired old canals and constructed new ones, restored the temples and above all, gave the country a uniform system of laws. These laws were not made by Hammurabi—generally speaking at least. They had been long established by custom and he merely codified such customs and earlier decisions into a system so that justice might be administered alike throughout the realm. The laws were then inscribed upon stone slabs and erected at certain places where the people could read them, and those who felt themselves injured might know what redress lay open to them.
The particular stele unearthed by De Morgan had been set up originally in the town of Sippara. Later Elamite kings became powerful enough to invade Babylonia and lay the country under tribute. During this period, one Elamite king had removed the stone monument from Sippara and taken it home with his spoils. It had graced his triumphal procession upon his return and was set up at his capital. 49 columns of inscription were engraved upon it, but the Elamite king caused 5 to be removed and the stone to be re-polished, in order that his name might be therein inserted. For some reason this was forgotten or omitted.
Of the 282 laws once carved upon the stele, all are still legible. Their discovery is most important for the history of ancient Babylonia, as it has enabled scholars to reconstruct the standards of morality and justice current when the country came into its first strength and power. We may be sure that these laws were in vogue much earlier than the time of Hammurabi and they lived on with little change for many years after. They without doubt furnished the basis for the legal code throughout the history of Babylonia, and without some knowledge of them we would never have been able to understand the civilization of the country as it is known today. It is comparable to the "Mosaic Code," which is made up of different strata from different periods, cir. 1000 B.C. to 500 B.C. The similarity between the two codes harks back to an early period when the two peoples had not yet left their Arabian home, and indicates general Semitic customs. Hammurabi's code "is concerned little, if at all, with religious matters; the chief content is almost entirely civil and criminal, dealing with such subjects as marriage, the family, property rights, agricultural and commercial activities."
It is on the basis of these laws now translated that the morality of the ancient Babylonians has been worked out. We find that the people were on the borderland of retaliation, and punishments often took the form of fines. There was still the old tribal "group responsibility"—that is, the children often had to suffer for the sins of the father. Distinction was now made between intentional and unintentional injury. Trial by ordeal was sometimes allowed, especially when magic was thought to have been used. Death was a frequent punishment. Banishment might be inflicted. On the whole, the practices in Babylonia, before and after 2000 B.C., were not so severe as those common in England a century ago, when petty larceny was met by extreme punishment.
The Babylonians carried the idea of contract and written agreement farther than any other ancient people. Understandings which are today made verbally between men were inscribed on clay tablets, duly impressed by the seals of the parties concerned, and carefully preserved. We find the law required receipts and written contracts as early as 2000 B.C. For example, "If a merchant has given to an agent corn, wool, oil, or any sort of goods to traffic with, the agent shall write down the money value, and shall return that to the merchant. The agent shall then take a sealed receipt for the money that he has given to the merchant. If the agent forgets and has not taken a sealed receipt for the money he gave to the merchant, money that has not been acknowledged by receipt shall not be put down in the accounts."[1] Regarding money given bankers: "If a man has given another gold, silver, or any goods whatever on deposit, all that he gives shall be shown to witnesses, and take a bond and so give on deposit. If he has given on deposit without witnesses and bonds, and has been defrauded where he made his deposit, he has no claim to prosecute."[2]
"An eye for an eye, and a tooth for a tooth" was demanded by the Code of Hammurabi.
"If a man has knocked out the eye of a patrician, his eye shall be knocked out.
"If he has broken the limb of a patrician, his limb shall be broken.