(M745) The numerous Cappadocian tablets are now generally recognized by

their language and script to belong to this period. They also show

considerable affinity with the documents of the First Dynasty of Babylon,

and the Tell el Amarna letters preserve many characteristic expressions.

(M746) The subsequent periods in Babylonia are represented by few letters.

It is not until we come down to the end of the eighth century and the

Sargonide times that we meet with many letters. The archives of Nineveh

contained immense numbers. A great many of these are now in the Kouyunjik

Collections of the British Museum. There they early attracted attention.

Being written by the imperial officials to the kings of Assyria, they

contain most valuable material (M747) for history. George Smith in 1871

gave extracts from several of them in his _History of Ashurbanipal_. A

number were published in Rawlinson’s _Cuneiform Inscriptions of Western

Asia_. Mr. S. A. Smith, in the _Proceedings of the Society of Biblical

Archæology_, 1887-89,(806) and in the second and third volumes of his

_Keilschrifttexte Asurbanipals_ gave some seventy more. Professor

Delitzsch also published a number in his _Zur assyrisch-babylonischen

Briefliteratur_,(807) and in his translations and comments laid the real

foundation for their interpretation. In 1892 Professor R. F. Harper began

the colossal task of publishing the text of all the letters from Nineveh,

in his _Assyrian and Babylonian Letters belonging to the K Collections of

the British Museum_, of which eight volumes are already published.(808)

(M748) A considerable number of scholars have busied themselves with the

translation and elucidation of these texts. Professor C. Johnston in his

work, _The Epistolary Literature of the Assyrians and Babylonians_;(809)

C. van Gelderen, _Ausgewählte babylonisch-assyrische Briefe_;(810) A. J.

Delattre, _Quelques Lettres Assyriennes_;(811) G. R. Berry, _The Letters

of the Rm. 2 Collection_, in _American Journal of Semitic Literature_,

xi., pp. 174-202; F. Martin, _Lettres assyriennes et

babyloniennes_—besides the many articles by other scholars on particular

words or subjects—have contributed to the understanding of these difficult

texts. Professor R. F. Harper has published a few preliminary studies on

these texts.(812) Dr. H. Winckler not only gave several important texts in

his _Texte verschiedenen Inhalts_,(813) but translations and comments on

them in his _Altorientalische Forschungen_.(814)

(M749) The letter-texts of the latter Babylonian period at present

published are extremely few. Some may be found in Strassmaier’s great

collection of _Babylonische Texte_, among the contracts. A list of those

for the reigns of Nabonidus and Nebuchadrezzar is given in Dr. K. L.

Tallqvist’s _Die Sprache der Contracte Nabû-nâ’ids_, p. xviii.

(M750) One of the uses to which the letters may be put is to illustrate

the history of the time. From the letters of Ḥammurabi we can gather a

great deal of information as to the civil policy of the reign. From the

Tell el Amarna tablets we may reconstruct almost a complete survey of the

condition of politics in Palestine. From the Assyrian letters we can

rewrite the history of affairs in Armenia at the end of Sargon’s reign, or

the wars with Elam in Ashurbânipal’s time.

(M751) The letters are also a rich mine of information on all sorts of

topics, and those very often on which almost all other literatures are

silent. We gain here a closer and more intimate acquaintance with humanity

than at any other period of ancient history. We must not expect finality

in our translations for a long while to come. Fresh documents will

continually be found or published that will help us to revise our views.

But that is the perennial interest of the letters. We may read and reread

them, always finding something fresh to combine with every new piece of

information.

(M752) Several different methods of classifying the letters suggest

themselves. One plan would be to group those letters which illustrate some

phase of civil life. Thus we may collect the references to medical cases,

or the illustrations of religious life, or the contributions to astronomy

and astrology. But none of these methods will be exhaustive or generally

applicable. A letter rarely deals with only one subject. The only

scientific classification seems to be that adopted by Professor Harper in

his edition of the Nineveh letters, or Mr. King in his letters of

Ḥammurabi. This is to place together all the letters written by one

scribe. Here we have two difficulties. There may be more than one scribe

of the same name. Thus it is practically certain that in Professor

Harper’s groups of letters apparently assigned to one man, more than one

person is often really involved. Again, a very large number of letters no

longer preserve the name of their scribe. Only a prolonged study can

reduce these difficulties; it is not likely that we shall ever quite

eliminate error.

(M753) There is one large group that has a claim to separate

consideration. Many letters are written by, or to, a king. They are on

various subjects. A subdivision might be made of reports sent by officials

concerning public affairs. But even these often contain side-references;

and at the last we have really to consider each letter as a separate

document.

II. The Letters Of Ḥammurabi

(M754) The letters of Ḥammurabi are by far the most important collection

of letters hitherto published for the period of the First Dynasty of

Babylon. They had a certain adventitious value at one time, because one of

them was thought to contain the name of Chedorlaomer, and this association

with Ḥammurabi, as Amraphel, was exploited in the interests of a defence

of the historical value of Genesis xiv. Mr. L. W. King’s edition of the

letters, however, showed that such a use was unwarranted. But it served a

much more useful end, giving us a very full picture of the times of the

founder of the First Babylonian Empire. The excellent account given by Mr.

King of the contents of these letters is fairly exhaustive. The importance

of such sources for history cannot be overestimated. They are

contemporary. They are not written to impress posterity, but with absolute

fidelity to fact. We may disbelieve some of the excuses made for

misconduct, but in the references to current events or general customs we

have a sure witness, if only we can understand them. This is often

difficult because a letter presupposes relations between the

correspondents which we must conjecture.

(M755) Since Mr. King’s introduction to his first volume gives a full

account of the few letters previously published, this need not be

reproduced here. Of Ḥammurabi’s letters fifty-three are addressed to one

and the same man, Sin-iddinam. It is doubtful whether he was the King of

Larsa who bore this name, or the official who in the next reign seems to

be Governor of Sippara. There are many persons who bore this name known at

this period. However, several mentions of the temple of Shamash at Larsa

occur in these letters and there is a certain presumption that Sin-iddinam

of Larsa was the person intended.

(M756) Ḥammurabi’s ability as an administrator, which these letters

reveal, and his care even for small details of his rule, may well be the

reason why his empire proved so stable. He established a tradition which

was long followed by his successors. He organized his land, appointed

governors, and held them responsible to himself. He had a direct interest

in their doings and sent minute written instructions, demanding reports,

summoning defaulters to his presence, or directing their punishment where

they were. The dates for his reign, as for others of the dynasty, show,

not only raids and conquests, but chiefly public works of utility. The

construction or repair of canals, public buildings, temples, the ordering

of justice, are works that repaid his care.

(M757) Ḥammurabi was a man of many business enterprises. The collection of

the temple revenues was an object of his attention. There is no evidence

that these were available for his use, but he had a personal interest in

all that was right and just. To him the herdsmen and shepherds of the

temple flocks and herds had to report. He often appears as restoring,

rebuilding, or adorning shrines, and he was careful of his religious

duties. Thus he postponed a case because of a festival at Ur, which he

seems to have found demanded the presence of one of the parties.

(M758) He had to settle important questions concerning the calendar;

whether or not reports of astronomical observations were then received is

not clear, but at any rate the king decided when the intercalary months

should be inserted. Thus he told Sin-iddinam there was to be a second

Elul.

(M759) The administration of justice was also no small part of his work.

Not only did he promulgate a code, but he also superintended its

execution. There was a right of appeal to his judgment. He actively

supervised his judges in the provinces. Thus a case of bribery was

reported from Dûr-gurgurri and he instructed Sin-iddinam to investigate

the case and send the guilty parties to Babylon for punishment. He upheld

a merchant’s claim against a city governor, for the recovery of a loan. He

protected the landowners against money-lenders. He examined claims to land

and sent instructions to Sin-iddinam to carry out his decision. Thefts of

corn, loans withheld, rents, were adjudicated by him. He summoned not only

the parties, but the witnesses, to Babylon. Prisoners were sent under

escort, and arrests ordered.

(M760) The king’s own herds and flocks were a personal care to him. They

were stationed in various parts of the country. He received reports about

them, or sent inspectors to report upon them. On one occasion he summoned

forty-seven shepherds to come and report to him in Babylon. He ordered

additional shearers to assist those already at work. He regulated supplies

of wood, dates, seed, and corn. These were often sent by ship, and there

is evidence of a large number of ships being employed, of varied

capacities.

(M761) Public buildings demanded large gangs of workmen. They were drawn

from the slave and serf population. A great many letters are concerned

with the supply and movements of these laborers. Whether forced labor was

inflicted as a punishment may be doubted. But the _corvée_ was in full

operation. The hire of laborers is referred to, and it is probable that

the forced laborers were fed and clothed at the expense of the state. Thus

we see that Ḥammurabi was a busy man and worked hard to build up his

empire. His successors, though we have fewer of their letters, seem to

have been fully as active.

(M762) It is not easy to select specimens for this period. Each letter has

an interest of its own, and it is tempting to include most of them. But we

may take the two letters referring to the goddesses of Emutbal, because

one of them by a series of misreadings and misunderstandings was made to

contain the famous reference to Chedorlaomer. The first(815) may be

rendered.

To Sin-iddinam say, thus saith Ḥammurabi: Now I am sending

Zikir-ilishu, the _AB-AB-UL_, and Ḥammurabi-banî, the _DU-GAB_, to

bring the goddesses of Emutbal. Do thou forthwith embark the

goddesses in a procession-boat (state barge) and let them come to

Babylon. Let the hierodules come with them. For the sustenance of

the goddesses embark food, drink, sheep, ship’s furniture, and

travelling expenses for the hierodules, until they reach Babylon.

Appoint men to draw the ropes, and _biḫru_ men, that the goddesses

may come safely to Babylon. Let them not delay but come quickly to

Babylon.

(M763) These goddesses were very likely captured during an expedition to

Emutbal which was a border province of Elam. It is natural to associate

this with the thirty-first year of Ḥammurabi, for which the full date is:

“The year of Ḥammurabi, the king, in which by the help of Anu and

Bêl he established his good fortune, and his hand cast to the

earth the land of Iamutbal and Rim-Sin, the king.”(816)

The transport of the goddesses was made possible by the system of canals.

Intercommunication was in an excellent state, for Ḥammurabi ordered a man

to be sent to Babylon from Larsa, and allowed him two days, travelling day

and night. The hierodules are the female attendants of the goddesses. The

officers whom Ḥammurabi sent bear titles not yet clearly recognized. The

name Ḥammurabi-banî points to a deification of the king. Whether the

goddesses reached Babylon and there brought misfortune on the country and

so were sent back again, or whether their restoration to their shrines in

Emutbal was part of the king’s policy for a pacification of the conquered

country, does not appear. But we read in another letter:(817)

“To Sin-iddinam say, thus saith Ḥammurabi: The goddesses of

Emutbal, which are in thy command, the troops of Inuḫsamar shall

bring safely to thee. When they shall reach thee, combine the

troops with those in thy hands and restore the goddesses to their

shrines.”

The construction of the passage seems to imply that the goddesses had

protected Inuḫ-samar. The latter was in command of troops that were within

Sin-iddinam’s jurisdiction; for when Sin-mâgir complained to Ḥammurabi

that Inuḫ-samar had impressed some of his servants for military service

contrary to a bond given him by the king, Ḥammurabi referred the matter to

Sin-iddinam, ordering the servant to be given up.(818) It was this name

Inuḫ-samar that Scheil misread as Kudur-nûḫ-gamar.

(M764) A number of letters concern the canals of the country. Thus we

read:(819)

“To Sin-iddinam say, thus saith Ḥammurabi: Summon the people who

hold fields on the side of the Damanu canal, that they may scour

the Damanu canal. Within this present month let them finish

scouring the Damanu canal.”

Here we are introduced to the duty which lay upon riparians to keep the

canals running alongside their land in order. This was part of the _ilku_,

or customary obligation. It lay with the governor to enforce it. In

another letter(820) the king complains that a canal which had been partly

cleared had not been cleared as far as Erech, and so the boats could not

enter that city. Here Sin-iddinam was ordered to do the work with the men

at his disposal and complete it in three days. After that he was to go on

with the work he had already been ordered to do. In another fragmentary

letter the king orders the clearing away of the water-plants which had

obstructed the course of the Euphrates between Ur and Larsa. One is

reminded of the _sudd_ on the Nile.(821)

(M765) The case of bribery is referred to in a way that leaves it rather

doubtful whether a theft may not be meant. The meaning of the word

rendered “bribe” by King is unknown, and his identification of _tâtu_ with

_da’tu_ is not certain. But at any rate the wrong was brought under the

cognizance of Ḥammurabi, and he writes:(822)

To Sin-iddinam say, thus saith Ḥammurabi: Shumma-ilu-lâ-ilu saith

thus, so saith he, “In Dûr-gurgurri bribery has taken place. The

people who took the bribe and the witnesses who know the affair

are here.” Thus he saith. Now I will send this same

Shumma-ilu-lâ-ilu, a _DU-GAB_ and a ... to thee. When this letter

is seen inquire into the matter. If there is bribery, take the

money, or what was given as a bribe, seal it up and send to my

presence. The people that received the bribe, and the witnesses

who know the case, whom Shumma-ilu-lâ-ilu will disclose, send to

me.

(M766) A case of oppression by a governor is complained of, and redressed

by the king. He writes:(823)

To Sin-iddinam say, thus saith Ḥammurabi: Lalu, the _kadurru_,

hath informed me thus, saith he, “Ani-ellati, the governor

_rabiânu_, has laid claim to [alienated] the field which I have

held since ... and [taken] the corn of the field.” Thus he hath

informed me. The tablet can be seen in the palace. Lalu holds two

_GAN_ of land. Why has Ani-ellati, the governor, laid claim to

Lalu’s field? Inquire into the matter. If Ani-ellati has lent on

mortgage to Lalu, the _kadurru_, grant him his debt and lay the

blame on Ani-ellati, who lent on pledge.

It is clear that Lalu was one of those privileged officials who held lands

by royal charter, and who could not be dispossessed of their land. The

Code directs(824) that a governor shall not lend on mortgage to a reeve or

runner or tributary, under pain of death. Although a _kadurru_ is not

there named, this letter makes it probable he was similarly protected. It

is interesting to notice where the record was to be found. The palace, or

“great house,” was the residence of the governor. The tablet probably

recorded the appointment of Lalu to his benefice; it therefore was his

title-deed. An interesting question may be raised here. Did Ḥammurabi mean

in his own palace? It may be so, for he writes in another letter:(825)

(M767)

To Sin-iddinam say, thus saith Ḥammurabi: One _GAN_ of

water-meadow, a field in the district of Dûr-gurgurri is an old

possession of Ea-lubanî. In a tablet it is inscribed as his. Give

the field to Ea-lubanî.

Now how could Ḥammurabi know this unless the tablet had been shown to him?

Perhaps the claimant brought his tablet with him when he came to lay his

plea before the king. That is quite possible, but it may well be that the

king insisted that all title-deeds be deposited in the capital.

(M768) An order for the restoration of stolen corn appears in another

letter:(826)

To Sin-iddinam say, thus saith Ḥammurabi: Ṭummumu of Nippur hath

informed me thus, saith he, “I deposited seventy _GUR_ of corn in

a granary in Unabu and Amêl-ili has opened the granary and taken

the corn.” Thus he hath informed me. Now I will send Ṭummumu

himself to thee. Send and let them bring Amêlili to thee. See what

they have to say. The corn belonging to Ṭummumu which Amêl-ili

took let him return to Ṭummumu.

Another letter reads thus:(827)

To Sin-iddinam say, thus saith Ḥammurabi: Ilushu-iḳîsh, the

merchant, over five, has informed me thus, saith he, “Thirty _GUR_

of corn I gave to Sin-mâgir, the _Šakkanak_, and I took his

receipt. I have asked for it for three years and he has not given

back the corn.” Thus hath he informed me. I have seen his receipt.

Cause Sin-mâgir to give up the corn and its interest and give it

to Ilu-shu-iḳîsh.

The title “over five” seems to be meant literally. He was a superior

merchant. Like many another hint, this speaks for the strict organization

of each class of the community. The _Šakkanak_ was usually the superior

official, “governor,” of a city, or of a ward of a city. We are not told

what was Sin-mâgir’s district. But it was under Sin-iddinam’s rule. In

other letters we read of a Sin-mâgir being sent to Babylon.(828) Perhaps

he refused to give up the corn.

Another letter illustrates the incidence of taxes and the relations of

landlord and tenant:(829)

(M769)

To Sin-iddinam say, thus saith Ḥammurabi: As to what I sent to

thee about the corn that is the tax on the field of Ibni-Martu,

which is in the hands of Etil-bi-Marduk, to be given to

Ibni-Martu; thou didst say, “Etil-bi-Marduk hath said thus, saith

he, ‘I have cultivated another field together with the field of

Ibni-Martu, and the corn is all garnered in one place, let them

declare on oath before God how much corn was from the field of

Ibni-Martu and let them take the tax.’ Thus he said. But

Ibni-Martu did not agree. Saith he, ‘Without Ibni-Martu one can do

nothing.’ Thus he said, and went away.” As to what thou didst

send, “the corn, as much as was in his field, should be declared

before God and the tax given him.” As thou didst send, let them

declare before God how much corn was in the field of Ibni-Martu,

and pay Ibni-Martu the corn that is the tax on his field.

The case is not quite clear, but Ibni-Martu owed a tax on his field. He

had either mortgaged or let his field to another. This tenant had not

given him the corn to pay the tax and excused himself on the ground that

the produce of the field was now mixed up with that of another field.

Hence he could not say how much the tax should be; clearly it was

proportionate to the yield. The method of solving the difficulty was that

a sworn estimate had to be taken from competent witnesses and the tax

levied on that basis. This course was recommended by Sin-iddinam in a

previous report on the situation. The amount was to be given to the

landlord, who then had to pay the tax. He clearly had no rent in corn from

the land; but he could not sell or mortgage his crop except subject to the

tax. The mortgagee was liable for the tax and the owner was bound to pay.

The mortgagee must furnish him the means to do so; he had no right to

claim the part of the crop due as tax, whatever bargain he had made with

the owner of the land.

(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 Ḥammurabi 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 Ḥammurabi: Concerning the chief

collector, Shêp-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 Shêp-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 title 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, Shêp-Sin, occurs also in two other

letters of Ḥammurabi.(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.

Babylonian and Assyrian Laws, Contracts and Letters · 第 23 / 34 段