by Will Durant
Government in Mesopotamia never succeeded in establishing such economic order as that which the Pharaohs achieved in Egypt. Commerce was harassed with a multiplicity of dangers and tolls; the merchant did not know which to fear the more—the robbers that might beset him on the way, or the towns and baronies that exacted heavy fees from him for the privilege of using their roads. It was safer, where possible, to take the great national highway, the Euphrates, which Nebuchadrezzar had made navigable from the Persian Gulf to Thapsacus.37 His campaigns in Arabia and his subjugation of Tyre opened up to Babylonian commerce the Indian and Mediterranean Seas, but these opportunities were only partially explored. For on the open sea, as in the mountain passes and the desert wastes, perils beset the merchant at every hour. Vessels were large, but reefs were many and treacherous; navigation was not yet a science; and at any moment pirates, or the ambitious dwellers on the shore, might board the ships, appropriate the merchandise, and enslave or kill the crew.38 The merchants reimbursed themselves for such losses by restricting their honesty to the necessities of each situation.
These difficult transactions were made easier by a well-developed system of finance. The Babylonians had no coinage, but even before Hammurabi they used—besides barley and corn—ingots of gold and silver as standards of value and mediums of exchange. The metal was unstamped, and was weighed at each transaction. The smallest unit of currency was the shekel—a half-ounce of silver worth from $2.50 to $5.00 of our contemporary currency; sixty such shekels made a mina, and sixty mina, made a talent—from $10,000 to $20,000.38a Loans were made in goods or currency, but at a high rate of interest, fixed by the state at 20% per annum for loans of money, and 33% for loans in kind; even these rates were exceeded by lenders who could hire clever scribes to circumvent the law.39 There were no banks, but certain powerful families carried on from generation to generation the business of lending money; they dealt also in real estate, and financed industrial enterprises;40 and persons who had funds on deposit with such men could pay their obligations by written drafts.41 The priests also made loans, particularly to finance the sowing and reaping of the crops. The law occasionally took the side of the debtor: e.g., if a peasant mortgaged his farm, and through storm or drought or other “act of God” had no harvest from his toil, then no interest could be exacted from him in that year.42 But for the most part the law was written with an eye to protecting property and preventing losses; it was a principle of Babylonian law that no man had a right to borrow money unless he wished to be held completely responsible for its repayment; hence the creditor could seize the debtor’s slave or son as hostage for an unpaid debt, and could hold him for not more than three years. A plague of usury was the price that Babylonian industry, like our own, paid for the fertilizing activity of a complex credit system.43
It was essentially a commercial civilization. Most of the documents that have come down from it are of a business character—sales, loans, contracts, partnerships, commissions, exchanges, bequests, agreements, promissory notes, and the like. We find in these tablets abundant evidence of wealth, and a certain materialistic spirit that managed, like some later civilizations, to reconcile piety with greed. We see in the literature many signs of a busy and prosperous life, but we find also, at every turn, reminders of the slavery that underlies all cultures. The most interesting contracts of sale from the age of Nebuchadrezzar are those that have to do with slaves.44 They were recruited from captives taken in battle, from slave-raids carried out upon foreign states by marauding Bedouins, and from the reproductive enthusiasm of the slaves themselves. Their value ranged from $20 to $65 for a woman, and from $50 to $100 for a man.45 Most of the physical work in the towns was done by them, including nearly all of the personal service. Female slaves were completely at the mercy of their purchaser, and were expected to provide him with bed as well as board; it was understood that he would breed through them a copious supply of children, and those slaves who were not so treated felt themselves neglected and dishonored.46 The slave and all his belongings were his master’s property: he might be sold or pledged for debt; he might be put to death if his master thought him less lucrative alive than dead; if he ran away no one could legally harbor him, and a reward was fixed for his capture. Like the free peasant he was subject to conscription for both the army and the corvée—i.e., for forced labor in such public works as cutting roads and digging canals. On the other hand the slave’s master paid his doctor’s fees, and kept him moderately alive through illness, slack employment and old age. He might marry a free woman, and his children by her would be free; half his property, in such a case, went on his death to his family. He might be set up in business by his master, and retain part of the profits—with which he might then buy his freedom; or his master might liberate him for exceptional or long and faithful service. But only a few slaves achieved such freedom. The rest consoled themselves with a high birth-rate, until they became more numerous than the free. A great slave-class moved like a swelling subterranean river underneath the Babylonian state.
III. THE LAW
The Code of Hammurabi—The powers of the king—Trial by ordeal—“Lex Talionis”—Forms of punishment—Codes of wages and prices—State restoration of stolen goods
Such a society, of course, never dreamed of democracy; its economic character necessitated a monarchy supported by commercial wealth or feudal privilege, and protected by the judicious distribution of legal violence. A landed aristocracy, gradually displaced by a commercial plutocracy, helped to maintain social control, and served as intermediary between people and king. The latter passed his throne down to any son of his choosing, with the result that every son considered himself heir apparent, formed a clique of supporters, and, as like as not, raised a war of succession if his hopes were unfulfilled.47 Within the limits of this arbitrary rule the government was carried on by central and local lords or administrators appointed by the king. These were advised and checked by provincial or municipal assemblies of elders or notables, who managed to maintain, even under Assyrian domination, a proud measure of local self-government.48
Every administrator, and usually the king himself, acknowledged the guidance and authority of that great body of law which had been given form under Hammurabi, and had maintained its substance, despite every change of circumstance and detail, through fifteen centuries. The legal development was from supernatural to secular sanctions, from severity to lenience, and from physical to financial penalties. In the earlier days an appeal to the gods was taken through trial by ordeal. A man accused of sorcery, or a woman charged with adultery, was invited to leap into the Euphrates; and the gods were on the side of the best swimmers. If the woman emerged alive, she was innocent; if the “sorcerer” was drowned, his accuser received his property; if he was not, he received the property of his accuser.49 The first judges were priests, and to the end of Babylonian history the courts were for the most part located in the temples;50 but already in the days of Hammurabi secular courts responsible only to the government were replacing the judgment-seats presided over by the clergy.
Penology began with the lex talionis, or law of equivalent retaliation. If a man knocked out an eye or a tooth, or broke a limb, of a patrician, precisely the same was to be done to him.51 If a house collapsed and killed the purchaser, the architect or builder must die; if the accident killed the buyer’s son, the son of the architect or builder must die; if a man struck a girl and killed her not he but his daughter must suffer the penalty of death.52 Gradually these punishments in kind were replaced by awards of damages; a payment of money was permitted as an alternative to the physical retaliation,53 and later the fine became the sole punishment. So the eye of a commoner might be knocked out for sixty shekels of silver, and the eye of a slave might be knocked out for thirty.54 For the penalty varied not merely with the gravity of the offense, but with the rank of the offender and the victim. A member of the aristocracy was subject to severer penalties for the same crime than a man of the people, but an offens
e against such an aristocrat was a costly extravagance. A plebeian striking a plebeian was fined ten shekels, or fifty dollars; to strike a person of title or property cost six times more.55 From such dissuasions the law passed to barbarous punishments by amputation or death. A man who struck his father had his hands cut off;56 a physician whose patient died, or lost an eye, as the result of an operation, had his fingers cut off;57 a nurse who knowingly substituted one child for another had to sacrifice her breasts.58 Death was decreed for a variety of crimes: rape, kidnaping, brigandage, burglary, incest, procurement of a husband’s death by his wife in order to marry another man, the opening or entering of a wine-shop by a priestess, the harboring of a fugitive slave, cowardice in the face of the enemy, malfeasance in office, careless or uneconomical housewifery,59 or malpractice in the selling of beer.60 In such rough ways, through thousands of years, those traditions and habits of order and self-restraint were established which became part of the unconscious basis of civilization.
Within certain limits the state regulated prices, wages and fees. What the surgeon might charge was established by law; and wages were fixed by the Code of Hammurabi for builders, brickmakers, tailors, stonemasons, carpenters, boatmen, herdsmen, and laborers.61 The law of inheritance made the man’s children, rather than his wife, his natural and direct heirs; the widow received her dowry and her wedding-gift, and remained head of the household as long as she lived. There was no right of primogeniture; the sons inherited equally, and in this way the largest estates were soon redivided, and the concentration of wealth was in some measure checked.62 Private property in land and goods was taken for granted by the Code.
We find no evidence of lawyers in Babylonia, except for priests who might serve as notaries, and the scribe who would write for pay anything from a will to a madrigal. The plaintiff preferred his own plea, without the luxury of terminology. Litigation was discouraged; the very first law of the Code reads, with almost illegal simplicity: “If a man bring an accusation against a man, and charge him with a (capital) crime, but cannot prove it, the accuser shall be put to death.”63 There are signs of bribery, and of tampering with witnesses.64 A court of appeals, staffed by “the King’s Judges,” sat at Babylon, and a final appeal might be carried to the king himself. There was nothing in the Code about the rights of the individual against the state; that was to be a European innovation. But articles 22-24 provided, if not political, at least economic, protection. “If a man practise brigandage and be captured, that man shall be put to death. If the brigand be not captured, the man who has been robbed shall, in the presence of the god, make an itemized statement of his loss, and the city and governor within whose province and jurisdiction the robbery was committed shall compensate him for whatever was lost. If it be a life (that was lost), the city and governor shall pay one mina ($300) to the heirs.” What modern city is so well governed that it would dare to offer such reimbursements to the victims of its negligence? Has the law progressed since Hammurabi, or only increased and multiplied?
IV. THE GODS OF BABYLON
Religion and the state—The junctions and powers of the clergy—The lesser gods—Marduk—Ishtar—The Babylonian stories of the Creation and the Flood—The love of Ishtar and Tammuz—The descent of Ishtar into Hell—The death and resurrection of Tammuz—Ritual and prayer—Penitential psalms—Sin—Magic—Superstition
The power of the king was limited not only by the law and the aristocracy, but by the clergy. Technically the king was merely the agent of the city god. Taxation was in the name of the god, and found its way directly or deviously into the temple treasuries. The king was not really king in the eyes of the people until he was invested with royal authority by the priests, “took the hands of Bel,” and conducted the image of Marduk in solemn procession through the streets. In these ceremonies the monarch was dressed as a priest, symbolizing the union of church and state, and perhaps the priestly origin of the kingship. All the glamor of the supernatural hedged about the throne, and made rebellion a colossal impiety which risked not only the neck but the soul. Even the mighty Hammurabi received his laws from the god. From the patesis or priest-governors of Sumeria to the religious coronation of Nebuchadrezzar, Babylonia remained in effect a theocratic state, always “under the thumb of the priests.”65
The wealth of the temples grew from generation to generation, as the uneasy rich shared their dividends with the gods. The kings, feeling an especial need of divine forgiveness, built the temples, equipped them with furniture, food and slaves, deeded to them great areas of land, and assigned to them an annual income from the state. When the army won a battle, the first share of the captives and the spoils went to the temples; when any special good fortune befell the king, extraordinary gifts were dedicated to the gods. Certain lands were required to pay to the temples a yearly tribute of dates, corn, or fruit; if they failed, the temples could foreclose on them; and in this way the lands usually came into possession by the priests. Poor as well as rich turned over to the temples as much as they thought profitable of their earthly gains. Gold, silver, copper, lapis lazuli, gems and precious woods accumulated in the sacred treasury.
As the priests could not directly use or consume this wealth, they turned it into productive or investment capital, and became the greatest agriculturists, manufacturers and financiers of the nation. Not only did they hold vast tracts of land; they owned a great number of slaves, or controlled hundreds of laborers, who were hired out to other employers, or worked for the temples in their divers trades from the playing of music to the brewing of beer.66 The priests were also the greatest merchants and financiers of Babylonia; they sold the varied products of the temple shops, and handled a large proportion of the country’s trade; they had a reputation for wise investment, and many persons entrusted their savings to them, confident of a modest but reliable return. They made loans on more lenient terms than the private money-lenders; sometimes they lent to the sick or the poor without interest, merely asking a return of the principal when Marduk should smile upon the borrower again.67 Finally, they performed many legal functions: they served as notaries, attesting and signing contracts, and making wills; they heard and decided suits and trials, kept official records, and recorded commercial transactions.
Occasionally the king commandeered some of the temple accumulations to meet an expensive emergency. But this was rare and dangerous, for the priests had laid terrible curses upon all who should touch, unpermitted, the smallest jot of ecclesiastical property. Besides, their influence with the people was ultimately greater than that of the king, and they might in most cases depose him if they set their combined wits and powers to this end. They had also the advantage of permanence; the king died, but the god lived on; the council of priests, free from the fortunes of elections, illnesses, assassinations and wars, had a corporate perpetuity that made possible long-term and patient policies, such as characterize great religious organizations to this day. The supremacy of the priests under these conditions was inevitable. It was fated that the merchants should make Babylon, and that the priests should enjoy it.
Who were the gods that formed the invisible constabulary of the state? They were numerous, for the imagination of the people was limitless, and there was hardly any end to the needs that deities might serve. An official census of the gods, undertaken in the ninth century before Christ, counted them as some 65,000.68 Every town had its tutelary divinity; and as, in our own time and faith, localities and villages, after making formal acknowledgment of the Supreme Being, worship specific minor gods with a special devotion, so Larsa lavished its temples on Shamash, Uruk on Ishtar, Ur on Nannar—for the Sumerian pantheon had survived the Sumerian state. The gods were not aloof from men; most of them lived on earth in the temples, ate with a hearty appetite, and through nocturnal visits to pious women gave unexpected children to the busy citizens of Babylon.69
Oldest of all were the astronomic gods: Anu, the immovable firmament, Shamash, the sun, Nannar, the moon, and Bel or Baal, the ear
th into whose bosom all Babylonians returned after death.70 Every family had household gods, to whom prayers were said and libations poured each morning and night; every individual had a protective divinity (or, as we should say, a guardian angel) to keep him from harm and joy; and genii of fertility hovered beneficently over the fields. It was probably out of this multitude of spirits that the Jews moulded their cherubim.
We do not find among the Babylonians such signs of monotheism as appear in Ikhnaton and the Second Isaiah. Two forces, however, brought them near to it: the enlargement of the state by conquest and growth brought local deities under the supremacy of a single god; and several of the cities patriotically conferred omnipotence upon their favored divinities. “Trust in Nebo,” says Nebo, “trust in no other god”;71 this is not unlike the first of the commandments given to the Jews. Gradually the number of the gods was lessened by interpreting the minor ones as forms or attributes of the major deities. In these ways the god of Babylon, Marduk, originally a sun god, became sovereign of all Babylonian divinities.72 Hence his title, Bel-Marduk—that is, Marduk the god. To him and to Ishtar the Babylonians sent up the most eloquent of their prayers.
Ishtar (Astarte to the Greeks, Ashtoreth to the Jews) interests us not only as analogue of the Egyptian Isis and prototype of the Grecian Aphrodite and the Roman Venus, but as the formal beneficiary of one of the strangest of Babylonian customs. She was Demeter as well as Aphrodite—no mere goddess of physical beauty and love, but the gracious divinity of bounteous motherhood, the secret inspiration of the growing soil, and the creative principle everywhere. It is impossible to find much harmony, from a modern point of view, in the attributes and functions of Ishtar: she was the goddess of war as well as of love, of prostitutes as well as of mothers; she called herself “a compassionate courtesan”;73 she was represented sometimes as a bearded bisexual deity, sometimes as a nude female offering her breasts to suck;74 and though her worshipers repeatedly addressed her as “The Virgin,” “The Holy Virgin,” and “The Virgin Mother,” this merely meant that her amours were free from all taint of wedlock. Gilgamesh rejected her advances on the ground that she could not be trusted; had she not once loved, seduced, and then slain, a lion?75 It is clear that we must put our own moral code to one side if we are to understand her. Note with what fervor the Babylonians could lift up to her throne litanies of laudation only less splendid than those which a tender piety once raised to the Mother of God:
