The Historians' History of the World 01

Immediately following the code Khammurabi resumes: “The just decrees which Khammurabi, the wise king, has established; for the land a sure law and a happy reign he has procured. Khammurabi, the protecting king, I am. From the black heads, which Bel gave me, to be a shepherd over whom Marduk appointed me, I have not held aloof, have not rested; places of peace I have provided for them; I opened up a way through steep passes and sent them aid. With the powerful arms which Zamama and Ishtar endowed me, with the clear glance that Ea granted me, with the bravery which Marduk gave me, the enemy above and below I have rooted out, the deeps I have conquered, established the prosperity of the country, the dwellers in houses have I made to live in safety; a cause for fear I have not suffered to exist. The great gods have chosen me. I am the peace-bringing shepherd whose staff is straight (i.e., sceptre is just), the good shadow which is spread over my city; to my heart the people of Sumer and Accad I have taken, under my protection have I caused them to live in peace, sheltered them in my wisdom, so that the strong may not oppress the weak; to counsel the orphan and the widow, their head have I raised in Babylon, the city of Anu and Bel; in E-sagila, the temple whose foundations are firm as heaven and earth, to speak justice to the land, to decide disputed questions, to remedy evil, have I written my precious words on my monument; before my picture, as of a king of justice I have placed them.… At the command of Shamash, the great judge of heaven and earth, shall justice reign in the land; by the order of Marduk my lord no destruction shall touch my statue. In E-sagila, that I love, shall my name be remembered forever; the oppressed man who has a cause for complaint shall come before my picture of the king of justice, shall read the inscription, shall apprehend my precious words, the writing shall explain to him his case, he shall see his right, his heart shall become glad, (and he shall say) ‘Khammurabi is a lord who is like a father to his subjects, he has made the word of Marduk to be feared.’ … Khammurabi, the king of righteousness, to whom Shamash gave the law, I am.”

The inscription contains also many references to public works and historical events which make it one of the most important historical records ever discovered. One reference to Asshur (Assyria) is particularly important. It occurs in the introduction to the code and records the restoration of “its protecting god to the city of Asshur.” The name Asshur occurs again in a letter written by Khammurabi to Sin-idinnam, and also in a private letter of the period, the former published by Mr. L. W. Kingk in 1901.

We now turn to the code proper, and the following points are especially noticeable throughout. The idea of responsibility is very clearly fixed,—a man who hired an animal was responsible for that animal,—if a boat he was responsible for the boat,—if he stored anything for another, or carried anything to another, he was responsible so long as the object was in his hands. Also of builders,—if a man built a house he was responsible for its solidity; a physician was held responsible for the life of his patient.

Secondly, we notice the importance of putting everything in writing—a marriage without a written contract was invalid; a man who took goods on deposit, an agent who obtained goods from a merchant, if he had no document to show for it, could claim no legal aid in case of disagreement. We have countless contract tablets from this period, containing the seals and names of witnesses to just such transactions as are provided for in the code, which show how well this principle was observed.

The law of retaliation or jus talionis is another important feature, as it is prominent also in the Mosaic code. This is expressed by the familiar phrase “an eye for an eye, and a tooth for a tooth.” The attempt to make the punishment balance the crime exactly is carried to such an extent that if a house fell and killed the owner, the builder was to be put to death, if the owner’s son died, the builder’s son was killed. In several of the laws we notice peculiarly humane provisions, showing that the king really had the interests of his subjects at heart, and that his words on the inscription and his desire to be a father to his people were not a vain boast. This is especially noticeable in a regulation concerning debtors (clause 45), in the provisions for inheritance, and particularly in the clause concerning the sick wife (148).

It is not to be supposed that all of the laws found in Khammurabi’s code date from his reign. Some of them were much older, as is shown by a difference in the grades of culture represented. Some even assign different penalties for the same crime (see clauses 6 and 8). As Prof. Jastrowl has pointed out, the ordeal by water cannot have been invented in the same period as the minute provisions for the inheritance of property.