Babylonian and Assyrian Laws, Contracts and Letters - Part 32
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Part 32

(M770) (M771) While agriculture was in the hands of free men who only paid on produce, there are indications that commerce was very strictly controlled by the State. The merchant was the only money-lender as a rule.

He also seems to have acted as contractor, or farmer of taxes. The merchant, or factor, was under the king's protection and also directly responsible to him. Hence some have regarded him as a royal official. But this is hardly correct. He was to ?ammurabi what the Jew of the Middle Ages was to the king then, or the Stock Exchange or Bourse is now.

Probably we should not be far wrong in applying to him the term "publican," in the New Testament sense. He owed a certain amount to the treasury, which he recouped from the taxes due from the district for which he contracted. If he did not secure enough, he had to make up the deficit.

The following letter(830) deals with what was probably common, namely, an evident reluctance on the part of such officials to settle accounts:

To Sin-iddinam say, thus ?ammurabi: Concerning the chief collector, Shep-Sin, I wrote to thee, saying, "send him with one thousand eight hundred _GUR_ of sesame and nineteen minas of silver, due from him, as well as Sin-mushtal, the chief collector, with eighteen hundred _GUR_ of sesame and seven minas of silver, due from him, send them to Babylon, and send with them the market rates (?)..." But thou didst say that these chief collectors had said, "Just now is harvest-time, after harvest we will go." Thus they said, and thou didst tell me. Now the harvest is over. On receipt of this tablet, when I have sent to thee, send Shep-Sin, the chief collector, with one thousand eight hundred _GUR_ of sesame and nineteen minas of silver, his due, and Sin-mushtal, the chief collector, with one thousand eight hundred _GUR_ of sesame and seven minas of silver, his due, to Babylon; and with them thy trustworthy guard, and with all their property let them come and appear before me.

The t.i.tle which I have rendered "chief collector" may be read "scribe of the merchants." The sign _PA_, read _aklu,_ does in some of its connections mean "scribe," as _tamkaru_ does mean "merchant." But the sign often denotes merely an overseer. Hence we may take it that this was the derived meaning. The reason may well be that over a group of shepherds or merchants, one was always set who could keep accounts. Hence the term _aklu_, properly a "scribe," came to be an "overseer." Such a high official as the _PA Martu_ would be the Superintendent of Martu. The person referred to in this letter, Shep-Sin, occurs also in two other letters of ?ammurabi.(831) In one, Sin-iddinam is told to send him to Babylon with money; in the other, he complains of not being able to collect money due to a temple, and having to make up the deficit himself.

(M772) The officials who were under obligation to furnish men for public work and the army, doubtless often found a difficulty in making up their quota, and impressed men who were not strictly liable for duty. Such men as those called _KA-DUR_, _KAPAR_, _MU_, _PATESI_, are named on the letters as exempt from the service. But even this is not conclusive. They are not exempted because they are of these ranks, but because they have been wrongly a.s.signed to the service. Their masters may have been exempt from the liability to furnish a man; or already engaged in royal service.

Slaves and poor men were subject, as we know from the Code. Here is one of the letters on the question:(832)

To Sin-iddinam say, thus saith ?ammurabi: Naram-Sin, the shepherd, hath said thus, saith he, "The herdsmen in my hands have been put in the _corvee_." Thus he said. The herdsmen which are the property of Apil-Shamash and Naram-Sin shall not be put in the _corvee_. Now summon Etil-bi-Marduk and the officials and order them to return the herdsmen of Apil-Shamash and Naram-Sin, whom they have taken.

Here the _KABAR_, or herdsmen, are the employees of the shepherd, his "sheep-boys." Their absence would be a danger to the flocks. The delinquent Etil-bi-Marduk was often in fault. Several other complaints against him appear in the letters, in his capacity of money-lender.(833) On two occasions he was sent for by the king, evidently with a view to punishment. Further, a _patesi_ in his service appealed to be transferred to another master.(834)

III. The Letters Of Samsu-Iluna And His Immediate Successors

(M773) The discovered letters of Samsu-iluna are as yet comparatively few.

They are not all addressed to one man. We may take one or two specimens.

(M774) Like his father ?ammurabi, Samsu-iluna cared for the health of the G.o.ddesses, providing them with an occasional change of scene. This time it is the G.o.ddess Anunitum, who makes a journey:(835)

To Haiab ... say, thus saith Samsu-iluna: Concerning Anunitum's going to Sippar-edina, I have sent an officer. Forthwith let Anunitum go to Sippar-edina.

The name of the official to whom the letter is sent is broken and it could be completed in several different ways. Sippar-edina was one quarter of Sippara.

(M775) The following letter is concerned with the supply of corn for the Shamash temple at Larsa. It is addressed to three officials:(836)

To Sin-ilu, Bitu-rabi, and Ni?-Sin say, thus saith Samsu-iluna: The corn for the treasure-house of the temple of Shamash of Larsa, the property of Igmil-Sin which ye deliver, verily ye shall deliver. Forthwith, from the corn that is in your hands, give corn for the supply of food for the treasure-house of the temple of Shamash; what is now standing due make up.

The "treasure-house" may be only a "store-house" in general. Instead of "make up," we may render "buy."

(M776) Samsu-iluna looked into the details of his government quite as closely as his father. We see him regulating fishing rights:(837)

To Sin-iddinam, Kar-Sippar, and the judges of Sippara, say, thus saith Samsu-iluna: They tell me that the ships of the fishermen go down to the districts of Rabi and Shamkani and catch fish. I am sending an official of the palace-gate; when he shall reach thee [summon] the ships of the fishermen (who have been catching fish) in the districts of Rabi and Shamkani, and let it not occur again that the ships of the fishermen go down to the districts of Rabi and Shamkani.

Clearly each district owned its own fishing rights, as it was responsible for the repairs of the banks and scouring the beds of the water-ways in it. It is far from unlikely that Kar-Sippar denotes some ruling body in Sippara, for in the contracts we find that cases were brought before the Kar-Sippar. As they are a.s.sociated with the judges of Sippara, they may be the town elders. Sin-iddinam here is hardly the official of Larsa to whom ?ammurabi usually wrote, though he might have been promoted to Sippara in the meantime.

(M777) Two other letters were addressed to him by Samsu-iluna,(838) one about corn due from certain persons, the other about a contingent of men sent to strengthen the walls of Sippar-Amnanu. In another letter, the king summons to Babylon, Sin-iddinam, Ibni-Marduk, the Kar-Sippar, and the judges of Sippara, but the letter(839) is too defaced for us to determine the reason. It was to be "at seed-time."

(M778) The letters of Abeshu' are somewhat more numerous. Mr. King published thirteen. They are all more or less defective, and add nothing to our knowledge beyond the fact that the same policy of centralization went on.

(M779) The letters of Ammi-ditana, two in number, are more interesting.

One deals with the supply of corn for men at work on the citadel of s.h.a.gga, a town probably near Sippara. The king orders the authorities of Sippara to make up and send on the supply, and adds that the soothsayers were to be consulted as to favorable auspices for sending the corn.(840) The other deals, as do three letters of Abeshu', with tribute due in wool from Sippar-ia?ruru. The report from the superintendent of this source of revenue in each case is that the tribute is over-due and the king sends a peremptory order for it to be sent forthwith to Babylon.

(M780) Ammi-zaduga's letters, five in number, all happen to be concerned with the annual sheep-shearing at Babylon. They differ slightly, in the person addressed, and the date a.s.signed for the shearing. Thus one(841) reads:

To Ibni-Sin, son of Marduk-na?ir, say, thus saith Ammi-zaduga: A sheep-shearing will take place in the House of the New Year's Festival. On receipt of this note, take the sheep ... and the sheep which are sealed, which thou shall set in motion, and come to Babylon. Delay not, reach Babylon on the first of Adar.

(M781) The one letter written by Sin-iddinam(842) is addressed to the _rabianu_ of Katalla, ordering him to send the plaintiff in a suit to him.

Very interesting is a letter from Tabbi-Wadi and Mar-Shamash to A?ati, the wife of Sin-iddinam,(843) asking her to intercede for them with Sin-iddinam. He had himself referred them to her, perhaps because their offence immediately concerned her. They say that they are ill acquainted with the ways of the court. From several unusual forms of expression it may be concluded that they were strangers who had settled in Babylonia.

They do not state either their offence or the grounds on which they would be excused, but ask for an interview, that they may remove A?ati's resentment against them.

(M782) Some letters are addressed to "the man whom may Marduk make to flourish."(844) Some have taken this as a proper name. But that seems very unlikely. Others regard it as a sort of polite address to a superior.

Winckler(845) suggested that it was an address to the king. The Code has made it clear that the _amelu_ was the "gentleman," or "n.o.ble," who lived in a "palace," or "great house." Hence, these letters may be addressed to any great official. But many turns of expression support the view that the king is really meant; he was thus the "First Gentleman" of Babylonia. It was not till ?ammurabi that the t.i.tle "king" was generally given. Perhaps the old n.o.bles were slow to admit a king over them.

(M783) As an example we may take:(846)

To "the man whom may Marduk make to flourish" say, thus saith Ashtamar-Adadi: May Shamash and Marduk ever make thee flourish.

The gardeners, inhabitants of Sippara, have spoken concerning their servants who fled and have been recaptured. Therefore I have sent a note thus to thee, I sent those men to thee. Accept their pet.i.tion (?) and may they be acceptable to thee before Shamash.

Grant their entreaty and set them free. If they come not to Babylon, do this in my name.

It is probable that recaptured runaway slaves, who would not name their owners, were forfeit to the State. The king is the only one who would have power to release such slaves. It is clear that the recipient of the letter was at Babylon.

IV. Private Letters Of The First Dynasty Of Babylon

(M784) In these cases, as a rule, we know neither the sender nor receiver, beyond their names, and what we can gather from the letter itself. Hence a great deal must always remain uncertain. Here is a letter which comes from a prisoner, who says he is nearly starved and does not know why he was imprisoned:(847)

(M785)

To my lord say, thus saith Belshunu, thy servant: From the time that I was shut up in the house of the _abarakku_, thou, my lord, hast kept me alive. What is the reason that my lord has neglected me for five months? The house where I am imprisoned is a starvation-house. Now have I made the jailer carry a letter to my lord. When thou, my lord, shalt make an end of my misery, send, and the imprisonment, since it has been ended by thee, I will cause to conduce to thy blessing (I will even thank thee for). I am ill ... ten _?A_ of _SU-DA_, thirty-one _?A ZAG-?I-LI_ ... two _?A SAR-SAR EL-SAR_ send me that I die not; and clothing send me that I may cover my nakedness. A _?ubidu_ has come upon me on account of thee, my lord. Either half a shekel of silver, or two minas of wool, send to me, for my service, let him bring it. Let not the jailer be sent away empty-handed. If he comes empty-handed, the dogs may eat me. As thou, my lord, and the people of Sippara and Babylon, all of them know, I am imprisoned, not for robbery, nor was I caught at burglary. Thou, my lord, didst send me with oil across the river, but the Sutu fell upon me and I was imprisoned. Speak a friendly word to the servants of the king's _abarakku_. Send, that I die not in the house of misery.

Send a _?A_ of oil and five _?A_ of salt. That which thou didst lately send no one gave me. Whatsoever thou sendest, send it fastened up (?).

There are many obscurities about this letter. Some are caused by the difficulty of reading the defaced characters. Some by the fact that the signs, printed here in capitals, are ideograms whose meaning is not yet clear. The prisoner, if his plea is true, was sent on an errand for his master, apparently to trade for him. He was either robbed by the nomad Sutu, or compelled to give up his oil to them. Why this led to imprisonment is not clear, unless it was regarded as furnishing supplies to the enemy. But though his master did not get him out of prison, it seems that he had sent him supplies from time to time. The word rendered "jailer" is perhaps a name, Mar-abulli, "son of the gate." But it may be a t.i.tle used as a name, "Mr. Jailer." The prisoner thinks that it is in the power of his master to put an end to his imprisonment and promises to be grateful. But he does not seem sure whether his master can do this. He asks, however, for further supplies, if he is to live. Let us hope he was released or at least fed. We may perhaps conclude that imprisonment was the punishment due for robbery and burglary.