History, too, was a favorite subject of study. Like the Hebrews, the a.s.syrians were distinguished by a keen historical sense which stands in curious contrast to the want of it which characterized the Egyptian. The Babylonians also were distinguished by the same quality, though perhaps to a less extent than their a.s.syrian neighbors, whose somewhat pedantic accuracy led them to state the exact numbers of the slain and captive in every small skirmish, and the name of every petty prince with whom they came into contact, and who had invented a system of accurately registering dates at a very early period. Nevertheless, the Babylonian was also a historian; the necessities of trade had obliged him to date his deeds and contracts from the earliest age of his history, and to compile lists of kings and dynasties for reference in case of a disputed t.i.tle to property.

The historical honesty to which he had been trained is ill.u.s.trated by the author of the Babylonian Chronicle in the pa.s.sage relating to the battle of Khalule, which has been already alluded to. The last king of Babylonia was himself an antiquarian, and had a pa.s.sion for excavating and discovering the records of the monarchs who had built the great temples of Chaldea.

Law, again, must have been much studied, and so, too, was theology. The library of Nineveh, however, from which so much of our information has come, gives us an exaggerated idea of the extent to which the pseudo-science of omens and portents was cultivated. Its royal patron was a believer in them, and apparently more interested in the subject than in any other. Consequently, the number of books relating to it are out of all proportion to the rest of the literature in the library. But this was an accident, due to the predilections of a.s.sur-bani-pal himself.

The study of omens and portents was a branch of science and not of theology, false though the science was. But it was based upon the scientific principle that every antecedent has a consequent, its fallacy consisting in a confusion between real causes and mere antecedents.

Certain events had been observed to follow certain phenomena; it was accordingly a.s.sumed that they were the results of the phenomena, and that were the phenomena to happen again they would be followed by the same results. Hence all extraordinary or unusual occurrences were carefully noted, together with whatever had been observed to come after them. A strange dog, for instance, had been observed to enter a palace and there lie down on a couch; as no disaster took place subsequently it was believed that if the occurrence was repeated it would be an omen of good fortune. On the other hand, the fall of a house had been preceded by the birth of a child without a mouth; the same result, it was supposed, would again accompany the same presage of evil. These pseudo-scientific observations had been commenced at a very early period of Babylonian history, and were embodied in a great work which was compiled for the library of Sargon of Akkad.

Another work compiled for the same library, and containing observations which started from a similarly fallacious theory, was one in seventy-two books on the pseudo-science of astrology, which was called "The Illumination of Bel." But in this case the observations were not wholly useless. The study of astrology was intermixed with that of astronomy, of which Babylonia may be considered to be the birthplace. The heavens had been mapped out and the stars named; the sun's course along the ecliptic had been divided into the twelve zodiacal signs, and a fairly accurate calendar had been constructed. Hundreds of observations had been made of the eclipses of the sun and moon, and the laws regulating them had been so far ascertained that, first, eclipses of the moon, and then, but with a greater element of uncertainty, eclipses of the sun, were able to be predicted. One of the chapters or books in the "Illumination of Bel" was devoted to an account of comets, another dealt with conjunctions of the sun and moon. There were also tables of observations relating to the synodic revolution of the moon and the synodic periods of the planet Venus. The year was divided into twelve months of thirty days each, an intercalary month being inserted from time to time to rectify the resulting error in the length of the year. The months had been originally called after the signs of the zodiac, whose names have come down to ourselves with comparatively little change. But by the side of the lunar year the Babylonians also used a sidereal year, the star Capella being taken as a fixed point in the sky, from which the distance of the sun could be measured at the beginning of the year, the moon being used as a mere pointer for the purpose. At a later date, however, this mode of determining time was abandoned, and the new year was made directly dependent on the vernal equinox. The month was subdivided into weeks of seven days, each of which was consecrated to a particular deity.

These deities were further identified with the stars. The fact that the sun and moon, as well as the evening and morning stars, were already worshipped as divinities doubtless led the way to this system of astro-theology. But it seems never to have spread beyond the learned cla.s.ses and to have remained to the last an artificial system. The ma.s.s of the people worshipped the stars as a whole, but it was only as a whole and not individually. Their identification with the G.o.ds of the state religion might be taught in the schools and universities, but it had no meaning for the nation at large.

From the beginning of the Babylonian's life we now pa.s.s to the end. Unlike the Egyptian he had no desert close at hand in which to bury his dead, no limestone cliffs, as in Palestine, wherein a tomb might be excavated. It was necessary that the burial should be in the plain of Babylonia, the same plain as that in which he lived, and with which the overflow of the rivers was constantly infiltrating. The consequences were twofold. On the one hand, the tomb had to be constructed of brick, for stone was not procurable; on the other hand, sanitary reasons made cremation imperative.

The Babylonian corpse was burned as well as buried, and the brick sepulchre that was raised above it adjoined the cities of the living.

The corpse was carried to the grave on a bier, accompanied by the mourners. Among these the wailing women were prominent, who tore their hair and threw dust upon their heads. The cemetery to which the dead was carried was a city in itself, to which the Sumerians had given the name of Ki-makh or "vast place." It was laid out in streets, the tombs on either side answering to the houses of a town. Not infrequently gardens were planted before them, while rivulets of "living water" flowed through the streets and were at times conducted into the tomb. The water symbolized the life that the pious Babylonian hoped to enjoy in the world to come. It relieved the thirst of the spirit in the underground world of Hades, where an old myth had declared that "dust only was its food," and it was at the same time an emblem of those "waters of life" which were believed to bubble up beneath the throne of the G.o.ddess of the dead.

When the corpse reached the cemetery it was laid upon the ground wrapped in mats of reed and covered with asphalt. It was still dressed in the clothes and ornaments that had been worn during life. The man had his seal and his weapons of bronze or stone; the woman her spindle-wheel and thread; the child his necklace of sh.e.l.ls. In earlier times all was then thickly coated with clay, above which branches of palm, terebinth, and other trees were placed, and the whole was set on fire. At a more recent period ovens of brick were constructed in which the corpse was put in its coffin of clay and reeds, but withdrawn before cremation was complete. The skeletons of the dead are consequently often found in a fair state of preservation, as well as the objects which were buried with them.

While the body was being burned offerings were made, partly to the G.o.ds, partly to the dead man himself. They consisted of dates, calves and sheep, birds and fish, which were consumed along with the corpse. Certain words were recited at the same time, derived for the most part from the sacred books of ancient Sumer.

After the ceremony was over a portion of the ashes was collected and deposited in an urn, if the cremation had been complete. In the later days, when this was not the case, the half-burnt body was allowed to remain on the spot where it had been laid, and an aperture was made in the sh.e.l.l of clay with which it was covered. The aperture was intended to allow a free pa.s.sage to the spirit of the dead, so that it might leave its burial-place to enjoy the food and water that were brought to it. Over the whole a tomb was built of bricks, similar to that in which the urn was deposited when the body was completely burned.

The tombs of the rich resembled the houses in which they had lived on earth and contained many chambers. In these their bodies were cremated and interred. Sometimes a house was occupied by a single corpse only; at other times it became a family burial-place, where the bodies were laid in separate chambers. Sometimes tombstones were set up commemorating the name and deeds of the deceased; at other times statues representing them were erected instead.

The tomb had a door, like a house, through which the relatives and friends of the dead man pa.s.sed from time to time in order to furnish him with the food and sustenance needed by his spirit in the world below. Vases were placed in the sepulchre, filled with dates and grain, wine and oil, while the rivulet which flowed beside it provided water in abundance. All this was required in that underworld where popular belief pictured the dead as flitting like bats in the gloom and darkness, and where the heroes of old time sat, strengthless and ghostlike, on their shadowy thrones.

The kings were allowed to be burned and buried in the palace in which they had lived and ruled. We read of one of them that he was interred in "the palace of Sargon" of Akkad, of another that his burial had taken place in the palace he himself had erected. A similar privilege was granted to their subjects only by royal permission.

Want of s.p.a.ce caused the tombs of the dead to be built one upon the other, as generations pa.s.sed away and the older sepulchres crumbled into dust.

The cemetery thus resembled the city; here, too, one generation built upon the ruins of its predecessor. The houses and tombs were alike constructed of sun-dried bricks, which soon disintegrate and form a mound of dust. The age of a cemetery, like the age of a city, may accordingly be measured by the number of successive layers of building of which its mound or platform is composed. In Babylonia they are numerous, for the history of the country goes back to a remote past. Each city cl.u.s.tered round a temple, venerable for its antiquity as well as for its sanct.i.ty, and the cemetery which stood near it was consequently under the protection of its G.o.d. At Cutha the necropolis was so vast that Nergal, the G.o.d of the town, came to be known as the "lord of the dead." But the cemeteries of other towns were also of enormous size. Western Asia had received its culture and the elements of its theology from Babylonia, and Babylonia consequently was a sacred land not only to the Babylonians themselves, but to all those who shared their civilization. The very soil was holy ground; a.s.syrians as well as Babylonians desired that their bodies should rest in it. Here they were in the charge, as it were, of Bel of Nippur or Merodach of Babylon, and within sight of the ancient sanctuaries in which those G.o.ds were worshipped. This explains in part the size of the cemeteries; the length of time during which they were used will explain the rest. As Dr. Peters says of each:(4) "It is difficult to convey anything like a correct notion of the piles upon piles of human relics which there utterly astound the spectator. Excepting only the triangular s.p.a.ce between the three princ.i.p.al ruins, the whole remainder of the platform, the whole s.p.a.ce between the walls, and an unknown extent of desert beyond them, are everywhere filled with the bones and sepulchres of the dead. There is probably no other site in the world which can compare with Warka in this respect."

Babylonia is still a holy land to the people of Western Asia. The old feeling in regard to it still survives, and the bodies of the dead are still carried, sometimes for hundreds of miles, to be buried in its sacred soil. Mohammedan saints have taken the place of the old G.o.ds, and a Moslem chapel represents the temple of the past, but it is still to Babylonia that the corpse is borne, often covered by costly rugs which find their way in time to an American or European drawing-room. "The old order changes, giving place to new," but the influence of Chaldean culture and religion is not yet past.

CHAPTER IV. SLAVERY AND THE FREE LABORER

Slavery was part of the foundation upon which Babylonian society rested.

But between slavery as it existed in the ancient oriental world and slavery in the Roman or modern world there was a great difference. The slave was often of the same race as his master, sometimes of the same nationality, speaking the same language and professing the same religion.

He was regarded as one of the family, and was not infrequently adopted into it. He could become a free citizen and rise to the highest offices of state. Slavery was no bar to his promotion, nor did it imprint any stigma upon him. He was frequently a skilled artisan and even possessed literary knowledge. Between his habits and level of culture and those of his owners was no marked distinction, no prejudices to be overcome on account of his color, no conviction of his inferiority in race. He was brought up with the rest of the family to which he was considered to belong and was in hourly contact with them. Moreover, the large number of slaves had been captives in war. A reverse of fortune might consign their present masters to the same lot; history knew of instances in which master and slave had changed places with one another. There were some slaves, too, who were Babylonians by birth; the law allowed the parent to sell his child, the brother his sister, or the creditor his debtor under certain circ.u.mstances, and the old Sumerian legislation ordained that a son who denied his father should be shorn and sold as a slave. In times of famine or necessity a man even sold himself to be quit of a debt or to obtain the means of subsistence. A slave was always fed and clothed; the free laborer at times could get neither food nor clothing.

There were three cla.s.ses of slaves-those who were the property of a private individual, the serfs who were attached to the soil which they cultivated, and the temple slaves who had been dedicated to the service of the G.o.ds. Of the second cla.s.s but few traces are found in Babylonia.

Agriculture was carried on there either by free laborers, or by the slaves of the private land-owners. Where the land belonged to priests, it was of course usually the temple slaves who tilled it. What was the exact legal position of the Jews and other exiles who were transported to Babylonia by Nebuchadnezzar we do not know, but they were neither serfs nor slaves. The practice of transportation had been borrowed from a.s.syria, and under the a.s.syrian system the exiled population was treated as a colony. Israelites appear among the a.s.syrian officials in contracts of the second a.s.syrian empire, and Jewish names are found in the Babylonian contracts of the age of Nebuchadnezzar and his successors.

The Babylonians were not a military people, and after the Ka.s.site conquest their wars of aggression were not sufficiently numerous or extensive to provide them with a supply of captives who could be made into slaves.

Slave-merchants are rarely, if ever, referred to in the Babylonian contract tablets, and the slaves must have been home-born, the children and descendants of those who had been slaves before them. In the age of Abraham it was doubtless different. Then the power of Babylonia extended throughout Western Asia, and the constant wars in the East and West must have filled the market with foreign captives. The white slaves brought from Kurdistan and the north were especially prized. Thus in the reign of Ammi-Zadok, the fourth successor of Khammurabi, some "white Kurdish slaves" were sold for 3 homers and 24? _qas_ of oil, which were valued at 20? shekels, and in the time of his son Samsu-ditana "a white slave" from Suri or Northern Mesopotamia fetched as much as 20 shekels, or 3.

The earliest code of Sumerian laws known to us takes the slave under its protection. It a.s.sumes the principle that the life of the slave is not absolutely at his master's disposal, and enacts that, if the slave is killed, beaten, maimed, or injured in health, the hand that has so offended shall pay each day a measure of wheat. This must mean that the payment shall be continued until the slave recovers from his ill-treatment. Light is thrown upon it by a later Babylonian law, according to which, if the services of a slave have been hired by a second person and the slave falls ill or is otherwise rendered incapable of work, the hirer is fined for as long a time as the illness or incapacity continues. The object of the law is clear. It was intended to prevent the slave from being overworked by one who had not, as it were, a family interest in him. It protected the slave and at the same time protected the master to whom he belonged.

There are several instances of its application. Thus in the eighth year of Cyrus a slave named Nidinti was apprenticed for six years by his master and mistress to a certain Libludh in order that he might learn the trade of fulling. It was stipulated that he was to learn it thoroughly, and if at any time he was unable to work Libludh was to pay each day 3 _qas_ (or about 4 quarts) of wheat for his support. At the end of the period, when the trade had been learned, Libludh was to receive a cloth worth 4 shekels (12 s.) and hand over Nidinti to the service of the Sun-G.o.d of Sippara. In the same year another slave was apprenticed to the stone-cutter Qudda, who was himself a slave and belonged to the heir-apparent, Cambyses. Qudda undertook to teach his trade to the apprentice in four years, and if he failed to do so was to be fined 20 shekels. Six years earlier Qubta, the daughter of Iddina-Merodach, had given the slave of another person to a weaver for a period of five years, in order that he might be taught the art of weaving, at the same time agreeing to provide him with 1 _qa_ (1?

quarts) of food each day and to pay his teacher something besides. If, however, he was incapacitated from learning, the weaver was required to pay a daily fine of half a "measure" of wheat, which we are told was the wage of the slave. Any infringement of the contract would be punished by a penalty of 20 manehs.

The slave was able to apprentice himself without the intervention of his owners. Thus in the sixth year of Cyrus one slave apprenticed himself of his own accord to another in order to learn a trade. In this case also the penalty for not being taught the trade was half a "measure" of wheat each day, which is again stated to be the wage of the slave. The wage, however, it would seem, had to be paid to the master, at all events in some cases; this is clear from a doc.u.ment which relates to the conclusion of the apprenticeship in which Nubta took part. The slave she had apprenticed had learnt his trade, and his master accordingly received from the teacher 5 shekels, which it was calculated were the equivalent of the services the apprentice had rendered. Ordinarily the 5 shekels would have been considered a return for the slave's maintenance during the term of his apprenticeship; but in this instance, for reasons unknown to us, the maintenance had been provided by a lady and the payment for the slave's services was consequently clear gain.

The slave, however, was allowed to acc.u.mulate capital for himself, to trade with it, and even to become rich enough to lend money to his own master or to purchase his own freedom. That a similar privilege was allowed to the slaves of the Israelites we may gather from the fact that Saul's slave offered to pay the seer Samuel a quarter of a shekel which he had about him, though it is true that this might have been the property of his master. In Babylonia the possession of property by the slave was not at all uncommon. In the sixth year of Cambyses, for example, a female slave named Khunnatu received a large quant.i.ty of furniture, including five beds, ten chairs, three dishes, and various other kitchen utensils, and agreed to pay the rent of the house in which she deposited them. Her master also lent her 122 shekels of silver, which were expended in buying fifty casks of beer, besides other things, and upon which she was to pay interest. Apparently she wanted to set up an inn or drinking-shop; the fact that the money was lent to her by her master proves that she must have been engaged in business on her own account. In other contracts we find the slave taking a mortgage and trading in onions and grain or employing his money in usury. In one case a slave borrows as much as 14 manehs 49 shekels, or 138 3s., from a member of the Egibi firm. In another case it is a considerable quant.i.ty of grain in addition to 12 shekels of silver that is borrowed from the slave by two other persons, with a promise that the grain shall be repaid the following month and the money a year later. The contract is drawn up in the usual way, the borrowers, who, like the witnesses, are free-born citizens, giving the creditor a security and a.s.suming a common responsibility for the debt. The grain, however, was to be repaid in the house of the slave's master; it seems evident, therefore, that the slave had no private house of his own.

The slave, nevertheless, could own a house or receive it in payment of a debt. This is ill.u.s.trated by an interesting contract in which reference is made to Ustanni, the Tatnai of the Book of Ezra, who is called "the governor of Ebir-nari," "the other side of the river." The contract is as follows:

"Two manehs of silver lent by Kurrula, the slave of Ustanni, the governor of Babylon and Ebir-nari, to Merodach-sum-ibni, the son of Sula, the son of Epes-ilu. The house of the latter, which is by the side of the road of the G.o.d Bagarus, is Kurrula's security. No one else has any prior claim to it. The house is not to be let or interest taken upon the loan." Then come the names of five free-born witnesses, and the doc.u.ment is dated at Babylon in the third year of Darius. The terms of the contract are precisely the same as those exacted by Cambyses, when he was crown-prince, from a certain Iddin-Nebo, to whom he had lent money through the agency of his secretary, receiving a house as security for the debt.

In some instances the slave was merely the confidential agent of his master, to whom therefore all or most of the profits went. Thus a deed dated in the ninth year of Cyrus describes a field situated opposite the gate of Zamama at Babylon, which had been a.s.signed by "the judges" to a lady named e-Saggil-belit, and afterward mortgaged by her to a slave of Itti-Merodach-baladhu, one of the members of the Egibi firm. The lady, however, still wanted money, and accordingly proposed to Itti-Merodach-baladhu that if he would make her a "present" of 10 shekels she would hand over to him her t.i.tle-deeds. This was done, and the field pa.s.sed into the possession of Itti-Merodach-baladhu, with whom the mortgage had really been contracted.

In spite of the privileges possessed by the Babylonian slave, he was nevertheless a chattel, like the rest of his master's property. He could const.i.tute the dowry of a wife, could take the place of interest on a debt or of the debt itself, and could be hired out to another, the wages he earned going into the pocket of his master. In the age of Khammurabi we find two brothers hiring the services of two slaves, one of whom belonged to their father and the other to their mother, for ten days. The slaves were wanted for harvest work, and it was agreed that a _gur_ (or 180 _qas_) of grain should be paid them. This, of course, ultimately went to their owners. In the reign of Cambyses a man and his wife, having borrowed 80 shekels, gave a slave as security for the repayment of the loan; the terms of the contract are the same as if the security had been a house. On another occasion a slave is security for only part of a debt which amounted to a maneh and twenty shekels, interest being paid upon the shekels. His service was regarded as equivalent to the interest upon the maneh.

When a slave was sold the seller guaranteed that he was not disobedient, that he had not been adopted by a free citizen, that there was no prior claim to him, and that he had not been impressed into the royal service, or, in the case of female slaves, been a concubine of the king. Purchasers had to be on their guard on all these points. Strict honesty was not always the rule in the Babylonian commercial world, and a case which came before the judges in the early part of the reign of Nabonidos shows that ladies were capable of sharp practice as well as men. The judicial record states that a certain "Belit-litu gave the following evidence before the judges of Nabonidos, King of Babylon: 'In the month Ab, in the first year of Nergal-sharezer, King of Babylon, I sold my slave, Bazuzu, for thirty-five shekels of silver to Nebo-akhi-iddin, the son of Sula, the descendant of Egibi; he has pretended that I owed him a debt, and so has not paid me the money.' The judges heard the charge, and caused Nebo-akhi-iddin to be summoned and to appear before them. Nebo-akhi-iddin produced the contract which he had made with Belit-litu; he proved that she had received the money and convinced the judges. And Ziria, Nebo-sum-lisir and Edillu gave (further) evidence before the judges that Belit-litu, their mother, had received the silver. The judges deliberated and condemned Belit-litu to (pay) fifty-five shekels (by way of fine), the highest fine that could be inflicted on her, and then gave it to Nebo-akhi-iddin."

The prices fetched by slaves varied naturally. We have seen that in the Abrahamic age 20 shekels (3) were given for a white slave from the North, the same price as that for which Joseph was sold. In the reign of Ammi-zadok 4 shekels only were paid for a female slave. In later times prices were considerably higher, though under Nebuchadnezzar we hear of a slave given as part of a dowry who was valued at 30 shekels, and of a female slave and her infant child whose cost was only 19 shekels. In the first year of Nergal-sharezer a slave-merchant of Harran sold three slaves for 45 shekels, while a little later 32 shekels were given for a female slave. The same sum was given for a slave who was advanced in years, while a slave girl four years of age only was sold for 19 shekels. In the sixth year of Cambyses an Egyptian and her child three months old, whom the Babylonian Iddin-Nebo had "taken, with his bow," was sold by him for 2 manehs or 120 shekels, a bond for 240 _gurs_ of dates being handed over to him as security for the payment of the sum. The Egyptian, it may be noted, received a Babylonian name before being put up for auction. In the same reign we hear of 3 manehs being paid for two slaves, of a maneh for a single slave, and of 7 manehs 56 shekels for three female slaves. This would be at the rate of 2 manehs 38 shekels or 23 14s. for each. On the whole, however, the average price seems to have been about 30 shekels.

This, at any rate, was the case among the Israelites, not only in the Mosaic period (Exod. xxi. 32) but also in the time of the Maccabees (II.

Macc. viii. 9, 10).

The fact that slaves sometimes ran away from their masters, like Barachiel, who pretended to be a free citizen, and that in contracts for their sale their obedience is expressly guaranteed, proves that they were not always content with their lot. Indeed, it is not strange that it should have been so. They were merely chattels, subject to the caprices and tyranny of those who owned them, and their lives were as little valued as that of an ox. Thus in the fortieth year of Nebuchadnezzar a judgment was delivered that, if it could be proved by witnesses that a certain Idikhi-ilu had murdered the slave of one of the Arameans settled in the town of Pekod, he was to be fined a maneh of silver; that was all the slave's life was worth in the eyes of the law, and even that was paid to the master to compensate him for the loss of his property. Sometimes the name of the slave was changed; as we have seen, the captive Egyptian woman received a Babylonian name, and a contract of the time of Khammurabi, relating to the female slave of a Babylonian lady, who had been given to her by her husband, and who, it is stipulated, shall not be taken from her by his sons after his death, mentions that the name of the slave had been changed. In this case, however, the reason seems to have been that the girl was adopted by her mistress, though the adoption was not carried out in legal form and was therefore technically invalid. The contract accordingly describes her by her proper name of Mutibasti, but adds that "she is called Zabini, the daughter of Saddasu," her mistress.

That the law should nevertheless have regarded the slave as a person, and as such possessed of definite rights, appears strange. But Babylonian law started from the principle of individual responsibility and individual possession of property, and since the slave was a human being and could, moreover, hold property of his own, it necessarily seemed to place him more and more on a footing of equality with the free-born citizen. The causes which brought about the legal emanc.i.p.ation of women worked in the same direction in favor of the slave. Hence the power he had of purchasing his freedom out of his own earnings and of being adopted into a citizen's family. Hence, too, the claim of the law to interfere between the slave-owner and his property.

A slave, in fact, could even act as a witness in court, his testimony being put on the same legal level as that of a native Babylonian. He could also be a party to a suit. Thus we find a slave called Nergal-ritsua, in the tenth year of Nabonidos, bringing a suit for the recovery of stolen property. He had been intrusted by his master with the conveyance of 480 _gur_ of fruit to the ships of a Syrian, named Baal-nathan, who undertook to carry it to Babylon, and to be responsible for loss. On the way part of the fruit was stolen, and Baal-nathan, instead of replacing it, absconded, but was soon caught. The slave accordingly appeared against him, and the five judges before whom the case was brought gave a verdict in his favor.

A slave could even own another slave. In the twenty-seventh year of Nebuchadnezzar, for example, the porter of the temple of the Sun-G.o.d at Sippara, who was "the slave of Nebo-baladh-yulid," purchased a female slave for two-thirds of a shekel (2s.). The amount was small, but the purchaser did not possess so much at the moment, and credit was consequently allowed him. The list of witnesses to the contract is headed by a slave.

The condition of the slave in a.s.syria was much what it was in Babylonia.

The laws and customs of a.s.syria were modelled after those of Babylonia, whence, indeed, most of them had been derived. But there was one cause of difference between the two countries which affected the character of slavery. a.s.syria was a military power, and the greater part of its slaves, therefore, were captives taken in war. In Babylonia, on the contrary, the majority had been born in the country, and between them and their masters there was thus a bond of union and sympathy which could not exist between the foreign captive and his conqueror. In the northern kingdom slavery must have been harsher.

Slaves, moreover, apparently fetched higher prices there, probably on account of their foreign origin. They cost on the average as much as a maneh (9) each. A contract, dated in 645 B.C., states that one maneh and a half was given for a single female slave. One of the contracting parties was a Syrian, and an Aramaic docket is accordingly attached to the deed, while among the witnesses to it we find Amma, "the Aramean secretary."

Amma means a native of the land of Ammo, where Pethor was situated. About the same time 3 manehs, "according to the standard of Carchemis," were paid for a family of five slaves, which included two children. Under Esar-haddon a slave was bought for five-sixths of a maneh, or 50 shekels, and in the same year Hoshea, an Israelite, with his two wives and four children, was sold for 3 manehs. With these prices it is instructive to compare the sum of 43 shekels given for a female slave in Babylonia only four years later.

As a specimen of an a.s.syrian contract for the sale of slaves we may take one which was made in 709 B.C., thirteen years after the fall of Samaria, and which is noticeable on account of the Israelitish names which it contains: "The seal of Dagon-melech," we read, "the owner of the slaves who are sold. Imannu, the woman U--, and Melchior, in all three persons, have been approved by Summa-ilani, the bear-hunter from Kasarin, and he has bought them from Dagon-melech for three manehs of silver, according to the standard of Carchemish. The money has been fully paid; the slaves have been marked and taken. There shall be no reclamation, lawsuit, or complaints. Whoever hereafter shall at any time rise up and bring an action, whether it be Dagon-melech or his brother or his nephew or any one else belonging to him or a person in authority, and shall bring an action and charges against Summa-ilani, his son, or his grandson, shall pay 10 manehs of silver, or 1 maneh of gold (140), to the G.o.ddess Istar of Arbela. The money brings an interest of 10 (_i.e._, 60) per cent. to its possessors; but if an action or complaint is brought it shall not be touched by the seller. In the presence of Adda the secretary, Akhiramu the secretary, Pekah the governor of the city, Nadab-Yahu (Nadabiah) the bear-hunter, Bel-kullim-anni, Ben-dikiri, Dhem-Istar, and Tabni the secretary, who has drawn up the deed of contract." The date is the 20th of Ab, or August, 709 B.C.

The slaves are sold at a maneh each, and bear Syrian names. Adda, "the man of Hadad," and Ben-dikiri are also Syrian; on the other hand, Ahiram, Pekah, and Nadabiah are Israelitish. It is interesting to find them appearing as free citizens of a.s.syria, one of them being even governor of a city. It serves to show why the tribes of Northern Israel so readily mingled with the populations among whom they were transported; the exiles in a.s.syria were less harshly treated than those in Babylonia, and they had no memories of a temple and its services, no strong religious feeling, to prevent them from being absorbed by the older inhabitants of their new homes.

In a.s.syria, as in Babylonia, parents could sell their children, brothers their sisters, though we do not know under what circ.u.mstances this was allowed by the law. The sale of a sister by her brother for half a maneh, which has already been referred to, took place at Nineveh in 668 B.C. In the contract the brother is called "the owner of his sister," and any infringement of the agreement was to be punished by a fine of "10 silver manehs, or 1 maneh of gold," to the treasury of the temple of Ninip at Calah. About fifteen years later the services of a female slave "as long as she lived" were given in payment of a debt, one of the witnesses to the deed being Yavanni "the Greek." Ninip of Calah received slaves as well as fines for the violation of contracts relating to the sale of them; about 645 B.C., for instance, we find four men giving one to the service of the G.o.d. Among the t.i.tles of the G.o.d is that of "the lord of workmen;" and it is therefore possible that he was regarded as in a special way the patron of the slave-trader.

It seems to have been illegal to sell the mother without the children, at all events as long as they were young. In the old Sumerian code of laws it was already laid down that if children were born to slaves whom their owner had sold while still reserving the power of repurchasing them, he could nevertheless not buy them back unless he bought the children at the same time at the rate of one and a half shekels each. The contracts show that this law continued in force down to the latest days of Babylonian independence. Thus the Egyptian woman who was sold in the sixth year of Cambyses was put up to auction along with her child. We may gather also that it was not customary to separate the husband and wife.(5) When the Israelite Hoshea, for instance, was put up for sale in a.s.syria in the reign of Esar-haddon, both his wives as well as his children were bought by the purchaser along with him. It may be noted that the slave was "marked," or "tattooed," after purchase, like the Babylonian cattle. This served a double purpose; it indicated his owner and identified him if he tried to run away.

In a country where slaves were so numerous the wages of the free workmen were necessarily low. There were, however, two cla.s.ses of free workmen, the skilled artisan and the agricultural laborer. The agricultural character of the Babylonian state, and the fact that so many of the peasantry possessed land of their own, prevented the agriculturist from sinking into that condition of serfdom and degradation which the existence of slavery would otherwise have brought about. Moreover, the flocks and cattle were tended by Bedawin and Arameans, who were proud of their freedom and independence, like the Bedawin of modern Egypt. In spite, therefore, of the fact that so much of the labor of the country was performed by slaves, agriculture was in high esteem and the free agriculturist was held in honor. Tradition told how Sargon of Akkad, the hero of ancient Babylonia, had been brought up by Akki the irrigator, and had himself been a gardener, while the G.o.d Tammuz, the bridegroom of Istar, had tended sheep. Indeed, one of the oldest t.i.tles of the Babylonian kings had been that of "shepherd."

At the same time there was a tendency for the free laborer to degenerate into a serf, attached to the soil of the farm on which he and his forefathers had been settled for centuries. A contract dated in the first year of Cyrus is an ill.u.s.tration of the fact. It records the lease of a farm near Sippara, which belonged to the temple of the Sun-G.o.d, and was let to a private individual by the chief priest and the civil governor of the temple. The farm contained 60 _gur_ of arable land, and the lease of it included "12 oxen, 8 peasants, 3 iron plough-shares, 4 axes, and sufficient grain for sowing and for the support of the peasants and the cattle." Here the peasants are let along with the land, and presumably would have been sold with it had the farm been purchased instead of being let. They were, in fact, irremovable from the soil on which they had been born. It must, however, be remembered that the farm was the property of a temple, and it is possible that serfdom was confined to land which had been consecrated to the G.o.ds. In that case the Babylonian serfs would have corresponded with the Hebrew Nethinim, and might have been originally prisoners of war.