Chapter II: Part 2

The Romans passed through the vicissitudes which we have already noted in Greece as characteristic of the Aryan development. The early war leader became an absolute king, his power tended to become hereditary, but its abuse roused the more powerful citizens to rebellion, and the kingdom vanished in an oligarchy.[18] This last change occurred in Rome about B.C. 510, and it was attended by such disasters that the city sank back into a condition that was almost barbarous when compared with her opulence under the Tarquin kings.

[Footnote 18: See _Rome Established as a Republic_, page 300.]

It was soon after this that the Persians, ignorant of their own decadence, and dreaming still of world power, resolved to conquer the remaining little states lying scarce known along the boundaries of their empire. They attacked the Greeks, and at Marathon (B.C. 490) and Salamis (B.C. 480) were hurled back and their power broken.[19]

[Footnote 19: See _Battle of Marathon_, page 322, and _Invasion of Greece_, page 354.]

This was a world event, one of the great turning points, a decision that could not have been otherwise if man was really to progress. The degenerate, enfeebled, half-Semitized Aryans of Asia were not permitted to crush the higher type which was developing in Europe. The more vigorous bodies and far abler brains of the Greeks enabled them to triumph over all the hordes of their opponents. The few conquered the many; and the following era became one of European progress, not of Asiatic stagnation.

(FOR THE NEXT SECTION OF THIS GENERAL SURVEY SEE VOLUME II.)

DAWN OF CIVILIZATION

B.C. 5867[20]

G.C.C. MASPERO

It is a far cry to hark back to 11,000 years before Christ, yet
borings in the valley of the Nile, whence comes the first recorded
history of the human race, have unveiled to the light pottery and
other relics of civilization that, at the rate of deposits of the
Nile, must have taken at least that number of years to cover.

[Footnote 20: Champollion.]

Nature takes countless thousands of years to form and build up her
limestone hills, but buried deep in these we find evidences of a
stone age wherein man devised and made himself edged tools and
weapons of rudely chipped stone. These shaped, edged implements, we
have learned, were made by white-heating a suitable flint or stone
and tracing thereon with cold water the pattern desired, just as
practised by the Indians of the American continent, and in our day
by the manufacturers of ancient (_sic_) arrow-, spear-, and
axe-heads. This shows a civilization that has learned the method of
artificially producing fire, and its uses.

Egypt is the monumental land of the earth, as the Egyptians are the
monumental people of history. The first human monarch to reign over
all Egypt was Menes, the founder of Memphis. As the gate of Africa,
Egypt has always held an important position in world-politics. Its
ancient wealth and power were enormous. Inclusive of the Soudan,
its population is now more than eight millions. Its present
importance is indicated by its relations to England. Historians
vary in their compilations of Egyptian chronology. The epoch of
Menes is fixed by Bunsen at B.C. 3643, by Lepsius at B.C. 3892, and
by Poole at B.C. 2717. Before Menes Egypt was divided into
independent kingdoms. It has always been a country of mysteries,
with the mighty Nile, and its inundations, so little understood by
the ancients; its trackless desert; its camels and caravans; its
tombs and temples; its obelisks and pyramids, its groups of gods:
Ra, Osiris, Isis, Apis, Horus, Hathor--the very names breathe
suggestions of mystery, cruelty, pomp, and power. In the sciences
and in the industrial arts the ancient Egyptians were highly
cultivated. Much Egyptian literature has come down to us, but it is
unsystematic and entirely devoid of style, being without lofty
ideas or charms. In art, however, Egypt may be placed next to
Greece, particularly in architecture.

The age of the Pyramid-builders was a brilliant one. They prove the
magnificence of the kings and the vast amount of human labor at
their disposal. The regal power at that time was very strong. The
reign of Khufu or Cheops is marked by the building of the great
pyramid. The pyramids were the tombs of kings, built in the
necropolis of Memphis, ten miles above the modern Cairo. Security
was the object as well as splendor.

As remarked by a great Egyptologist, the whole life of the Egyptian
was spent in the contemplation of death; thus the tomb became the
concrete thought. The belief of the ancient Egyptian was that so
long as his body remained intact so was his immortality; whence
arose the embalming of the great, and hence the immense structures
of stone to secure the inviolability of the entombed monarch.

The monuments have as yet yielded no account of the events which tended to unite Egypt under the rule of one man; we can only surmise that the feudal principalities had gradually been drawn together into two groups, each of which formed a separate kingdom. Heliopolis became the chief focus in the north, from which civilization radiated over the wet plain and the marshes of the Delta.

Its colleges of priests had collected, condensed, and arranged the principal myths of the local regions; the Ennead to which it gave conception would never have obtained the popularity which we must acknowledge it had, if its princes had not exercised, for at least some period, an actual suzerainty over the neighboring plains. It was around Heliopolis that the kingdom of Lower Egypt was organized; everything there bore traces of Heliopolitan theories--the protocol of the kings, their supposed descent from Ra, and the enthusiastic worship which they offered to the sun.

The Delta, owing to its compact and restricted area, was aptly suited for government from one centre; the Nile valley proper, narrow, tortuous, and stretching like a thin strip on either bank of the river, did not lend itself to so complete a unity. It, too, represented a single kingdom, having the reed and the lotus for its emblems; but its component parts were more loosely united, its religion was less systematized, and it lacked a well-placed city to serve as a political and sacerdotal centre. Hermopolis contained schools of theologians who certainly played an important part in the development of myths and dogmas; but the influence of its rulers was never widely felt.

In the south, Siut disputed their supremacy, and Heracleopolis stopped their road to the north. These three cities thwarted and neutralized one another, and not one of them ever succeeded in obtaining a lasting authority over Upper Egypt. Each of the two kingdoms had its own natural advantages and its system of government, which gave to it a peculiar character, and stamped it, as it were, with a distinct personality down to its latest days. The kingdom of Upper Egypt was more powerful, richer, better populated, and was governed apparently by more active and enterprising rulers. It is to one of the latter, Mini or Menes of Thinis, that tradition ascribes the honor of having fused the two Egypts into a single empire, and of having inaugurated the reign of the human dynasties.

Thinis figured in the historic period as one of the least of Egyptian cities. It barely maintained an existence on the left bank of the Nile, if not on the exact spot now occupied by Girgeh, at least only a short distance from it. The principality of the Osirian Reliquary, of which it was the metropolis, occupied the valley from one mountain to the other, and gradually extended across the desert as far as the Great Theban Oasis. Its inhabitants worshipped a sky-god, Anhuri, or rather two twin gods, Anhuri-shu, who were speedily amalgamated with the solar deities and became a warlike personification of Ra.

Anhuri-shu, like all other solar manifestations, came to be associated with a goddess having the form or head of a lioness--a Sokhit, who took for the occasion the epithet of Mihit, the northern one. Some of the dead from this city are buried on the other side of the Nile, near the modern village of Mesheikh, at the foot of the Arabian chain, whose deep cliffs here approach somewhat near the river: the principal necropolis was at some distance to the east, near the sacred town of Abydos. It would appear that, at the outset, Abydos was the capital of the country, for the entire nome bore the same name as the city, and had adopted for its symbol the representation of the reliquary in which the god reposed.

In very early times Abydos fell into decay, and resigned its political rank to Thinis, but its religious importance remained unimpaired. The city occupied a long and narrow strip between the canal and the first slopes of the Libyan mountains. A brick fortress defended it from the incursions of the Bedouin, and beside it the temple of the god of the dead reared its naked walls. Here Anhuri, having passed from life to death, was worshipped under the name of Khontamentit, the chief of that western region whither souls repair on quitting this earth.

It is impossible to say by what blending of doctrines or by what political combinations this Sun of the Night came to be identified with Osiris of Mendes, since the fusion dates back to a very remote antiquity; it had become an established fact long before the most ancient sacred books were compiled. Osiris Khontamentit grew rapidly in popular favor, and his temple attracted annually an increasing number of pilgrims. The Great Oasis had been considered at first as a sort of mysterious paradise, whither the dead went in search of peace and happiness. It was called Uit, the Sepulchre; this name clung to it after it had become an actual Egyptian province, and the remembrance of its ancient purpose survived in the minds of the people, so that the "cleft," the gorge in the mountain through which the doubles journeyed toward it, never ceased to be regarded as one of the gates of the other world.

At the time of the New Year festivals, spirits flocked thither from all parts of the valley; they there awaited the coming of the dying sun, in order to embark with him and enter safely the dominions of Khontamentit. Abydos, even before the historic period, was the only town, and its god the only god, whose worship, practised by all Egyptians, inspired them all with an equal devotion.

Did this sort of moral conquest give rise, later on, to a belief in a material conquest by the princes of Thinis and Abydos, or is there an historical foundation for the tradition which ascribes to them the establishment of a single monarchy? It is the Thinite Menes, whom the Theban annalists point out as the ancestor of the glorious Pharaohs of the XVIII dynasty: it is he also who is inscribed in the Memphite chronicles, followed by Manetho, at the head of their lists of human kings, and all Egypt for centuries acknowledged him as its first mortal ruler.

It is true that a chief of Thinis may well have borne such a name, and may have accomplished feats which rendered him famous; but on closer examination his pretensions to reality disappear, and his personality is reduced to a cipher.

"This Menes, according to the priests, surrounded Memphis with dikes. For the river formerly followed the sand-hills for some distance on the Libyan side. Menes, having dammed up the reach about a hundred stadia to the south of Memphis, caused the old bed to dry up, and conveyed the river through an artificial channel dug midway between the two mountain ranges.

"Then Menes, the first who was king, having enclosed a space of ground with dikes, founded that town which is still called Memphis: he then made a lake around it to the north and west, fed by the river; the city he bounded on the east by the Nile." The history of Memphis, such as it can be gathered from the monuments, differs considerably from the tradition current in Egypt at the time of Herodotus.

It appears, indeed, that at the outset the site on which it subsequently arose was occupied by a small fortress, Anbu-hazu--the white wall--which was dependent on Heliopolis and in which Phtah possessed a sanctuary. After the "white wall" was separated from the Heliopolitan principality to form a nome by itself it assumed a certain importance, and furnished, so it was said, the dynasties which succeeded the Thinite. Its prosperity dates only, however, from the time when the sovereigns of the V and VI dynasties fixed on it for their residence; one of them, Papi I, there founded for himself and for his "double" after him, a new town, which he called Minnofiru, from his tomb. Minnofiru, which is the correct pronunciation and the origin of Memphis, probably signified "the good refuge," the haven of the good, the burying-place where the blessed dead came to rest beside Osiris.

The people soon forgot the true interpretation, or probably it did not fall in with their taste for romantic tales. They rather despised, as a rule, to discover in the beginnings of history individuals from whom the countries or cities with which they were familiar took their names: if no tradition supplied them with this, they did not experience any scruples in inventing one. The Egyptians of the time of the Ptolemies, who were guided in their philological speculations by the pronunciation in vogue around them, attributed the patronship of their city to a Princess Memphis, a daughter of its founder, the fabulous Uchoreus; those of preceding ages before the name had become altered thought to find in Minnofiru or "Mini Nofir," or "Menes the Good," the reputed founder of the capital of the Delta. Menes the Good, divested of his epithet, is none other than Menes, the first king of all Egypt, and he owes his existence to a popular attempt at etymology.

The legend which identifies the establishment of the kingdom with the construction of the city, must have originated at a time when Memphis was still the residence of the kings and the seat of government, at latest about the end of the Memphite period. It must have been an old tradition at the time of the Theban dynasties, since they admitted unhesitatingly the authenticity of the statements which ascribed to the northern city so marked a superiority over their own country. When the hero was once created and firmly established in his position, there was little difficulty in inventing a story about him which would portray him as a paragon and an ideal sovereign.

He was represented in turn as architect, warrior, and statesman; he had founded Memphis, he had begun the temple of Phtah, written laws and regulated the worship of the gods, particularly that of Hapis, and he had conducted expeditions against the Libyans. When he lost his only son in the flower of his age, the people improvised a hymn of mourning to console him--the "Maneros"--both the words and the tune of which were handed down from generation to generation.

He did not, moreover, disdain the luxuries of the table, for he invented the art of serving a dinner, and the mode of eating it in a reclining posture. One day, while hunting, his dogs, excited by something or other, fell upon him to devour him. He escaped with difficulty and, pursued by them, fled to the shore of Lake Moeris, and was there brought to bay; he was on the point of succumbing to them, when a crocodile took him on his back and carried him across to the other side. In gratitude he built a new town, which he called Crocodilopolis, and assigned to it for its god the crocodile which had saved him; he then erected close to it the famous labyrinth and a pyramid for his tomb.

Other traditions show him in a less favorable light. They accuse him of having, by horrible crimes, excited against him the anger of the gods, and allege that after a reign of sixty-two years he was killed by a hippopotamus which came forth from the Nile. They also relate that the Saite Tafnakhti, returning from an expedition against the Arabs, during which he had been obliged to renounce the pomp and luxuries of life, had solemnly cursed him, and had caused his imprecations to be inscribed upon a "stele"[21] set up in the temple of Amon at Thebes. Nevertheless, in the memory that Egypt preserved of its first Pharaoh, the good outweighed the evil. He was worshipped in Memphis, side by side with Phtah and Ramses II.; his name figured at the head of the royal lists, and his cult continued till the time of the Ptolemies.

[Footnote 21: The burned tile showing the impression of the stylus, made on the clay while plastic.--ED.]

His immediate successors have only a semblance of reality, such as he had. The lists give the order of succession, it is true, with the years of their reigns almost to a day, sometimes the length of their lives, but we may well ask whence the chroniclers procured so much precise information. They were in the same position as ourselves with regard to these ancient kings: they knew them by a tradition of a later age, by a fragment papyrus fortuitously preserved in a temple, by accidentally coming across some monument bearing their name, and were reduced, as it were, to put together the few facts which they possessed, or to supply such as were wanting by conjectures, often in a very improbable manner. It is quite possible that they were unable to gather from the memory of the past the names of those individuals of which they made up the first two dynasties. The forms of these names are curt and rugged, and indicative of a rude and savage state, harmonizing with the semi-barbaric period to which they are relegated: Ati the Wrestler, Teti the Runner, Qeunqoni the Crusher, are suitable rulers for a people the first duty of whose chief was to lead his followers into battle, and to strike harder than any other man in the thickest of the fight.

The inscriptions supply us with proofs that some of these princes lived and reigned:--Sondi, who is classed in the II dynasty, received a continuous worship toward the end of the III dynasty. But did all those who preceded him, and those who followed him, exist as he did? And if they existed, do the order and relation agree with actual truth? The different lists do not contain the same names in the same position; certain Pharaohs are added or suppressed without appreciable reason. Where Manetho inscribes Kenkenes and Ouenephes, the tables of the time of Seti I give us Ati and Ata; Manetho reckons nine kings to the II dynasty, while they register only five. The monuments, indeed, show us that Egypt in the past obeyed princes whom her annalists were unable to classify: for instance, they associated with Sondi a Pirsenu, who is not mentioned in the annals. We must, therefore, take the record of all this opening period of history for what it is--namely, a system invented at a much later date, by means of various artifices and combinations--to be partially accepted in default of a better, but without, according to it, that excessive confidence which it has hitherto received. The two Thinite dynasties, in direct descent from the fabulous Menes, furnish, like this hero himself, only a tissue of romantic tales and miraculous legends in the place of history. A double-headed stork, which had appeared in the first year of Teti, son of Menes, had foreshadowed to Egypt a long prosperity, but a famine under Ouenephes, and a terrible plague under Semempses, had depopulated the country; the laws had been relaxed, great crimes had been committed, and revolts had broken out.

During the reign of the Boethos a gulf had opened near Bubastis, and swallowed up many people, then the Nile had flowed with honey for fifteen days in the time of Nephercheres, and Sesochris was supposed to have been a giant in stature. A few details about royal edifices were mixed up with these prodigies. Teti had laid the foundation of the great palace of Memphis, Ouenephes had built the pyramids of Ko-kome near Saqqara. Several of the ancient Pharaohs had published books on theology, or had written treatises on anatomy and medicine; several had made laws called Kakôû, the male of males, or the bull of bulls. They explained his name by the statement that he had concerned himself about the sacred animals; he had proclaimed as gods, Hapis of Memphis, Mnevis of Heliopolis, and the goat of Mendes.

After him, Binothris had conferred the right of succession upon all women of the blood-royal. The accession of the III dynasty, a Memphite one according to Manetho, did not at first change the miraculous character of this history. The Libyans had revolted against Necherophes, and the two armies were encamped before each other, when one night the disk of the moon became immeasurably enlarged, to the great alarm of the rebels, who recognized in this phenomenon a sign of the anger of heaven, and yielded without fighting. Tosorthros, the successor of Necherophes, brought the hieroglyphs and the art of stone-cutting to perfection. He composed, as Teti did, books of medicine, a fact which caused him to be identified with the healing god Imhotpu. The priests related these things seriously, and the Greek writers took them down from their lips with the respect which they offered to everything emanating from the wise men of Egypt.

What they related of the human kings was not more detailed, as we see, than their accounts of the gods. Whether the legends dealt with deities or kings, all that we know took its origin, not in popular imagination, but in sacerdotal dogma: they were invented long after the times they dealt with, in the recesses of the temples, with an intention and a method of which we are enabled to detect flagrant instances on the monuments.

Toward the middle of the third century before our era the Greek troops stationed on the southern frontier, in the forts at the first cataract, developed a particular veneration for Isis of Philæ. Their devotion spread to the superior officers who came to inspect them, then to the whole population of the Thebaid, and finally reached the court of the Macedonian kings. The latter, carried away by force of example, gave every encouragement to a movement which attracted worshippers to a common sanctuary, and united in one cult two races over which they ruled. They pulled down the meagre building of the Saite period, which had hitherto sufficed for the worship of Isis, constructed at great cost the temple which still remains almost intact, and assigned to it considerable possessions in Nubia, which, in addition to gifts from private individuals, made the goddess the richest land-owner in Southern Egypt. Knumu and his two wives, Anukit and Satit, who, before Isis, had been the undisputed suzerains of the cataract, perceived with jealousy their neighbor's prosperity: the civil wars and invasions of the centuries immediately preceding had ruined their temples, and their poverty contrasted painfully with the riches of the new-comer.

The priests resolved to lay this sad state of affairs before King Ptolemy, to represent to him the services which they had rendered and still continued to render to Egypt, and above all to remind him of the generosity of the ancient Pharaohs, whose example, owing to the poverty of the times, the recent Pharaohs had been unable to follow. Doubtless authentic documents were wanting in their archives to support their pretensions: they therefore inscribed upon a rock, in the island of Sehel, a long inscription which they attributed to Zosiri of the III dynasty. This sovereign had left behind him a vague reputation for greatness. As early as the XII dynasty Usirtasen III had claimed him as "his father"--his ancestor--and had erected a statue to him; the priests knew that, by invoking him, they had a chance of obtaining a hearing.

The inscription which they fabricated set forth that in the eighteenth year of Zosiri's reign he had sent to Madir, lord of Elephantine, a message couched in these terms: "I am overcome with sorrow for the throne, and for those who reside in the palace, and my heart is afflicted and suffers greatly because the Nile has not risen in my time, for the space of eight years. Corn is scarce, there is a lack of herbage, and nothing is left to eat: when any one calls upon his neighbors for help, they take pains not to go. The child weeps, the young man is uneasy, the hearts of the old men are in despair, their limbs are bent, they crouch on the earth, they fold their hands; the courtiers have no further resources; the shops formerly furnished with rich wares are now filled only with air, all that was within them has disappeared. My spirit also, mindful of the beginning of things, seeks to call upon the savior who was here where I am, during the centuries of the gods, upon Thot-Ibis, that great wise one, upon Imhotpu, son of Phtah of Memphis. Where is the place in which the Nile is born? Who is the god or goddess concealed there? What is his likeness?"

The lord of Elephantine brought his reply in person. He described to the king, who was evidently ignorant of it, the situation of the island and the rocks of the cataract, the phenomena of the inundation, the gods who presided over it, and who alone could relieve Egypt from her disastrous plight.

Zosiri repaired to the temple of the principality and offered the prescribed sacrifices; the god arose, opened his eyes, panted, and cried aloud, "I am Khnumu who created thee!" and promised him a speedy return of a high Nile and the cessation of the famine.

Pharaoh was touched by the benevolence which his divine father had shown him; he forthwith made a decree by which he ceded to the temple all his rights of suzerainty over the neighboring nomes within a radius of twenty miles.

Henceforward the entire population, tillers and vinedressers, fishermen and hunters, had to yield the tithe of their income to the priests; the quarries could not be worked without the consent of Khnumu, and the payment of a suitable indemnity into his coffers; finally, metals and precious woods, shipped thence for Egypt, had to submit to a toll on behalf of the temple.

Did the Ptolemies admit the claims which the local priests attempted to deduce from this romantic tale? and did the god regain possession of the domains and dues which they declared had been his right? The stele shows us with what ease the scribes could forge official documents when the exigencies of daily life forced the necessity upon them; it teaches us at the same time how that fabulous chronicle was elaborated, whose remains have been preserved for us by classical writers. Every prodigy, every fact related by Manetho, was taken from some document analogous to the supposed inscription of Zosiri.

The real history of the early centuries, therefore, eludes our researches, and no contemporary record traces for us those vicissitudes which Egypt passed through before being consolidated into a single kingdom, under the rule of one man. Many names, apparently of powerful and illustrious princes, had survived in the memory of the people; these were collected, classified, and grouped in a regular manner into dynasties, but the people were ignorant of any exact facts connected with the names, and the historians, on their own account, were reduced to collect apocryphal traditions for their sacred archives.

The monuments of these remote ages, however, cannot have entirely disappeared: they existed in places where we have not as yet thought of applying the pick, and chance excavations will some day most certainly bring them to light. The few which we do possess barely go back beyond the III dynasty: namely, the hypogeum of Shiri, priest of Sondi and Pirsenu; possibly the tomb of Khuithotpu at Saqqara; the Great Sphinx of Gizeh; a short inscription on the rocks of Wady Maghara, which represents Zosiri (the same king of whom the priests of Khnumu in the Greek period made a precedent) working the turquoise or copper mines of Sinai; and finally the step pyramid where this Pharaoh rests. It forms a rectangular mass, incorrectly oriented, with a variation from the true north of 4° 35', 393 ft., 8 in. long from east to west, and 352 ft. deep, with a height of 159 ft. 9 in. It is composed of six cubes, with sloping sides, each being about 13 ft. less in width than the one below it; that nearest to the ground measures 37 ft. 8 in. in height, and the uppermost one 29 ft. 2 in.

It was entirely constructed of limestone from neighboring mountains. The blocks are small and badly cut, the stone courses being concave, to offer a better resistance to downward thrust and to shocks of earthquake. When breaches in the masonry are examined, it can be seen that the external surface of the steps has, as it were, a double stone facing, each facing being carefully dressed. The body of the pyramid is solid, the chambers being cut in the rock beneath. These chambers have often been enlarged, restored, and reworked in the course of centuries, and the passages which connect them form a perfect labyrinth into which it is dangerous to venture without a guide. The columned porch, the galleries and halls, all lead to a sort of enormous shaft, at the bottom of which the architect had contrived a hiding-place, destined, no doubt, to contain the more precious objects of the funerary furniture. Until the beginning of this century the vault had preserved its original lining of glazed pottery. Three quarters of the wall surface was covered with green tiles, oblong and lightly convex on the outer side, but flat on the inner: a square projection pierced with a hole served to fix them at the back in a horizontal line by means of flexible wooden rods. Three bands which frame one of the doors are inscribed with the titles of the Pharaoh. The hieroglyphs are raised in either blue, red, green, or yellow, on a fawn-colored ground.

The towns, palaces, temples, all the buildings which princes and kings had constructed to be witnesses of their power or piety to future generations, have disappeared in the course of ages, under the feet and before the triumphal blasts of many invading hosts: the pyramid alone has survived, and the most ancient of the historic monuments of Egypt is a tomb.

COMPILATION OF THE EARLIEST CODE

B.C. 2250

HAMMURABI

The foundation of all law-making in Babylonia from about the middle
of the twenty-third century B.C. to the fall of the empire was the
code of Hammurabi, the first king of all Babylonia. He expelled
invaders from his dominions, cemented the union of north and south
Babylonia, made Babylon the capital, and thus consolidated an
empire which endured for almost twenty centuries. The code which he
compiled is the oldest known in history, older by nearly a thousand
years than the Mosaic, and of earlier date than the so-called Laws
of Manu. It is one of the most important historical landmarks in
existence, a document which gives us knowledge not otherwise
furnished of the country and people, the civilization and life of a
great centre of human action hitherto almost hidden in obscurity.
Hammurabi, who is supposed to be identical with Amraphel, a
contemporary of Abraham, is regarded as having certainly
contributed through his laws to the Hebrew traditions. The
discovery of this code has, therefore, a special value in relation
to biblical studies, upon which so many other important side-lights
have recently been thrown.

The discovery was made at Susa, Persia, in December and January,
1901-2, by M. de Morgan's French excavating expedition. The
monument on which the laws are inscribed, a stele of black diorite
nearly eight feet high, has been fully described by Assyriologists,
and the inscription transcribed. It has been completely translated
by Dr. Hugo Winckler, whose translation (in _Die Gesetze
Hammurabis_, Band IV, Heft 4, of _Der Alte Orient_) furnishes the
basis of the version herewith presented. Following an
autobiographic preface, the text of the code contains two hundred
and eighty edicts and an epilogue. To readers of the code who are
familiar with the Hebrew Scriptures many biblical parallels will
occur.

When Anu the Sublime, king of the Anunaki, and Bel [god of the earth], the Lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk [or Merodach, the great god of Babylon] the over-ruling son of Ea [god of the waters], God of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it [Babylon], whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak; so that I should rule over the black-headed people like Shamash [the sun-god], and enlighten the land, to further the well-being of mankind.

Hammurabi, the prince, called of Bel am I, making riches and increase, enriching Nippur and Dur-ilu beyond compare, sublime patron of E-kur [temple of Bel in Nippur, the seat of Bel's worship]; who reëstablished Eridu and purified the worship of E-apsu [temple of Ea, at Eridu, the chief seat of Ea's worship]; who conquered the four quarters of the world, made great the name of Babylon, rejoiced the heart of Marduk, his lord who daily pays his devotions in Saggil [Marduk's temple in Babylon]; the royal scion whom Sin made; who enriched Ur [Abraham's birthplace, the seat of the worship of Sin, the moon-god]; the humble, the reverent, who brings wealth to Gish-shir-gal; the white king, heard of Shamash, the mighty, who again laid the foundations of Sippana [seat of worship of Shamash and his wife, Malkat]; who clothed the gravestones of Malkat with green [symbolizing the resurrection of nature]; who made E-babbar [temple of the sun in Sippara] great, which is like the heavens; the warrior who guarded Larsa and renewed E-babbar [temple of the sun in Larsa, biblical Elassar, in Southern Babylonia], with Shamash as his helper; the lord who granted new life to Uruk [biblical Erech], who brought plenteous water to its inhabitants, raised the head of E-anna [temple of Ishtar-Nana at Uruk], and perfected the beauty of Anu and Nana; shield of the land, who reunited the scattered inhabitants of Isin; who richly endowed E-gal-mach [temple of Isin]; the protecting king of the city, brother of the god Zamama [god of Kish]; who firmly founded the farms of Kish, crowned E-me-te-ursag [sister city of Kish] with glory, redoubled the great holy treasures of Nana, managed the temple of Harsag-kalama [temple of Nergal at Cuthah]; the grave of the enemy, whose help brought about the victory; who increased the power of Cuthah; made all glorious in E-shidlam [a temple], the black steer [title of Marduk] who gored the enemy; beloved of the god Nebo, who rejoiced the inhabitants of Borsippa, the Sublime; who is indefatigable for E-zida [temple of Nebo in Babylon]; the divine king of the city; the White, Wise; who broadened the fields of Dilbat, who heaped up the harvests for Urash; the Mighty, the lord to whom come sceptre and crown, with which he clothes himself; the Elect of Ma-ma; who fixed the temple bounds of Kesh, who made rich the holy feasts of Nin-tu [goddess of Kesh]; the provident, solicitous, who provided food and drink for Lagash and Girsu, who provided large sacrificial offerings for the temple of Ningirsu [at Lagash]; who captured the enemy, the Elect of the oracle who fulfilled the prediction of Hallab, who rejoiced the heart of Anunit [whose oracle had predicted victory]; the pure prince, whose prayer is accepted by Adad [god of Hallab, with goddess Anunit]; who satisfied the heart of Adad, the warrior, in Karkar, who restored the vessels for worship in E-ud-gal-gal; the king who granted life to the city of Adab; the guide of E-mach; the princely king of the city, the irresistible warrior, who granted life to the inhabitants of Mashkanshabri, and brought abundance to the temple of Shid-lam; the White, Potent, who penetrated the secret cave of the bandits, saved the inhabitants of Malka from misfortune, and fixed their home fast in wealth; who established pure sacrificial gifts for Ea and Dam-gal-nun-na, who made his kingdom everlastingly great; the princely king of the city, who subjected the districts on the Ud-kib-nun-na Canal [Euphrates?] to the sway of Dagon, his Creator; who spared the inhabitants of Mera and Tutul; the sublime prince, who makes the face of Ninni shine; who presents holy meals to the divinity of Nin-a-zu, who cared for its inhabitants in their need, provided a portion for them in Babylon in peace; the shepherd of the oppressed and of the slaves; whose deeds find favor before Anunit, who provided for Anunit in the temple of Dumash in the suburb of Agade; who recognizes the right, who rules by law; who gave back to the city of Assur its protecting god; who let the name of Istar of Nineveh remain in E-mish-mish; the Sublime, who humbles himself before the great gods; successor of Sumula-il; the mighty son of Sin-muballit; the royal scion of Eternity; the mighty monarch, the sun of Babylon, whose rays shed light over the land of Sumer and Akkad; the king, obeyed by the four quarters of the world; Beloved of Ninni, am I.

When Marduk sent me to rule over men, to give the protection of right to the land, I did right and righteousness in..., and brought about the well-being of the oppressed.

CODE OF LAWS

1. If any one ensnare another, putting a ban upon him, but he cannot prove it, then he that ensnared him shall be put to death.

2. If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.

3. If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offence charged, be put to death.

4. If he satisfy the elders to impose a fine of grain or money, he shall receive the fine that the action produces.

5. If a judge try a case, reach a decision and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgment.

6. If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death.

7. If any one buy from the son or the slave of another man, without witnesses or a contract, silver or gold, a male or female slave, an ox or a sheep, an ass or anything, or if he take it in charge, he is considered a thief and shall be put to death.

8. If any one steal cattle or sheep, or an ass, or a pig or a goat, if it belong to a god or to the court, the thief shall pay thirtyfold therefor; if they belonged to a freed man [of the king] he shall pay tenfold; if the thief has nothing with which to pay he shall be put to death.

9. If any one lose an article, and find it in the possession of another: if the person in whose possession the thing is found say "A merchant sold it to me, I paid for it before witnesses," and if the owner of the thing say "I will bring witnesses who know my property," then shall the purchaser bring the merchant who sold it to him, and the witnesses before whom he bought it, and the owner shall bring witnesses who can identify his property. The judge shall examine their testimony--both of the witnesses before whom the price was paid, and of the witnesses who identify the lost article on oath. The merchant is then proven to be a thief and shall be put to death. The owner of the lost article receives his property, and he who bought it receives the money he paid from the estate of the merchant.

10. If the purchaser does not bring the merchant and the witnesses before whom he bought the article, but its owner bring witnesses who identify it, then the buyer is the thief and shall be put to death, and the owner receives the lost article.

11. If the owner do not bring witnesses to identify the lost article, he is an evil-doer, he has traduced, and shall be put to death.

12. If the witnesses be not at hand, then shall the judge set a limit, at the expiration of six months. If his witnesses have not appeared within the six months, he is an evil-doer, and shall bear the fine of the pending case.

14. If any one steal the minor son of another, he shall be put to death.

15. If any one take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death.

16. If any one receive into his house a runaway male or female slave of the court, or of a freedman, and does not bring it out at the public proclamation of the major domus, the master of the house shall be put to death.

17. If any one find a runaway male or female slave in the open country and bring them to their masters, the master of the slaves shall pay him two shekels of silver.

18. If the slave will not give the name of the master, the finder shall bring him to the palace; a further investigation must follow and the slave shall be returned to his master.

19. If he hold the slaves in his house, and they are caught there, he shall be put to death.

20. If the slave that he caught run away from him, then shall he swear to the owners of the slave, and he is free of all blame.

21. If any one break a hole into a house [break in to steal], he shall be put to death before that hole and be buried.

22. If any one is committing a robbery and is caught, then he shall be put to death.

23. If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, and ... on whose ground and territory and in whose domain it was compensate him for the goods stolen.

24. If persons are stolen, then shall the community and ... pay one mina of silver to their relatives.

25. If fire break out in a house, and some one who comes to put it out, cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire.

26. If a chieftain or a man [common soldier], who has been ordered to go upon the king's highway [for war] does not go, but hires a mercenary, if he withholds the compensation, then shall this officer or man be put to death, and he who represented him shall take possession of his house.

27. If a chieftain or man be caught in the misfortune of the king [captured in battle], and if his fields and garden be given to another and he take possession, if he return and reaches his place, his field and garden shall be returned to him, he shall take it over again.

28. If a chieftain or a man be caught in the misfortune of a king, if his son is able to enter into possession, then the field and garden shall be given to him, he shall take over the fee of his father.

29. If his son is still young, and cannot take possession, a third of the field and garden shall be given to his mother, and she shall bring him up.

30. If a chieftain or a man leave his house, garden and field and hires it out, and some one else takes possession of his house, garden and field and uses it for three years: if the first owner return and claims his house, garden and field, it shall not be given to him, but he who has taken possession of it and used it shall continue to use it.

31. If he hire it out for one year and then return, the house, garden and field shall be given back to him, and he shall take it over again.

32. If a chieftain or a man is captured on the "Way of the King" [in war], and a merchant buy him free, and bring him back to his place; if he have the means in his house to buy his freedom, he shall buy himself free: if he have nothing in his house with which to buy himself free, he shall be bought free by the temple of his community; if there be nothing in the temple with which to buy him free, the court shall buy his freedom. His field, garden and house shall not be given for the purchase of his freedom.

33. If a ... or a ... [from the connection, some man higher in rank than a chieftain] enter himself as withdrawn from the "Way of the King," and send a mercenary as substitute, but withdraw him, then the ... or ... shall be put to death.

34. If a ... [same as in 33] or a ... harm the property of a captain, injure the captain, or take away from the captain a gift presented to him by the king then the ... or ... shall be put to death.

35. If any one buy the cattle or sheep which the king has given to chieftains from him he loses his money.

35. The field, garden and house of a chieftain, of a man, or of one subject to quit-rent, cannot be sold.

37. If any one buy the field, garden and house of a chieftain, man or one subject to quit-rent, his contract tablet of sale shall be broken [declared invalid] and he loses his money. The field, garden and house return to their owners.

38. A chieftain, man or one subject to quit-rent cannot assign his tenure of field, house and garden to his wife or daughter, nor can he assign it for a debt.

39. He may, however, assign a field, garden or house which he has bought, and holds as property, to his wife or daughter or give it for debt.

40. He may sell field, garden and house to a merchant [royal agents] or to any other public official, the buyer holding field, house and garden for its usufruct.

41. If any one fence in the field, garden and house of a chieftain, man or one subject to quit-rent, furnishing the palings therefor; if the chieftain, man or one subject to quit-rent return to field, garden and house, the palings which were given to him become his property.

42. If any one take over a field to till it, and obtain no harvest therefrom, it must be proved that he did no work on the field, and he must deliver grain, just as his neighbor raised, to the owner of the field.

43. If he do not till the field, but let it lie fallow, he shall give grain like his neighbor's to the owner of the field, and the field which he let lie fallow he must plow and sow and return to its owner.

44. If any one take over a waste-lying field to make it arable, but is lazy, and does not make it arable, he shall plow the fallow field in the fourth year, harrow it and till it, and give it back to its owner and for each ten _gan_ [a measure of area] ten _gur_ [dry measure] of grain shall be paid.

45. If a man rent his field for tillage for a fixed rental, and receive the rent of his field, but bad weather come and destroy the harvest, the injury falls upon the tiller of the soil.

46. If he do not receive a fixed rental for his field, but lets it on half or third shares of the harvest, the grain on the field shall be divided proportionately between the tiller and the owner.

47. If the tiller, because he did not succeed in the first year, has had the soil tilled by others, the owner may raise no objection; the field has been cultivated and he receives the harvest according to agreement.

48. If any one owe a debt for a loan, and a storm prostrates the grain, or the harvest fail, or the grain does not grow for lack of water; in that year he need not give his creditor any grain, he washes his debt-tablet in water [a symbolic action indicating the inability to pay] and pays no rent for this year.

49. If any one take money from a merchant, and give the merchant a field tillable for corn or sesame and order him to plant corn or sesame in the field, and to harvest the crop; if the cultivator plant corn or sesame in the field, at the harvest the corn or sesame that is in the field shall belong to the owner of the field and he shall pay corn as rent, for the money he received from the merchant, and the livelihood of the cultivator shall he give to the merchant.

50. If he give a cultivated corn-field or a cultivated sesame-field, the corn or sesame in the field shall belong to the owner of the field, and he shall return the money to the merchant as rent.

51. If he have no money to repay, then he shall pay in corn or sesame in place of the money as rent for what he received from the merchant, according to the royal tariff.

52. If the cultivator do not plant corn or sesame in the field, the debtor's contract is not weakened.

53. If any one be too lazy to keep his dam in proper condition, and does not so keep it; if then the dam break and all the fields be flooded, then shall he in whose dam the break occurred be sold for money, and the money shall replace the corn which he has caused to be ruined.

54. If he be not able to replace the corn, then he and his possessions shall be divided among the farmers whose corn he has flooded.

55. If any one open his ditches to water his crop, but is careless, and the water flood the field of his neighbor, then he shall pay his neighbor corn for his loss.

56. If a man let in the water, and the water overflow the plantation of his neighbor, he shall pay ten _gur_ of corn for every ten _gan_ of land.

57. If a shepherd, without the permission of the owner of the field, and without the knowledge of the owner of the sheep, lets the sheep into a field to graze, then the owner of the field shall harvest his crop, and the shepherd, who had pastured his flock there without permission of the owner of the field, shall pay to the owner twenty _gur_ of corn for every ten _gan_.

58. If after the flocks have left the pasture and been shut up in the common fold at the city gate, any shepherd let them into a field and they graze there, this shepherd shall take possession of the field which he has allowed to be grazed on, and at the harvest he must pay sixty _gur_ of corn for every ten _gan_.

59. If any man, without the knowledge of the owner of a garden, fell a tree in a garden he shall pay half a mina in money.

60. If any one give over a field to a gardener, for him to plant it as a garden, if he work at it, and care for it for four years, in the fifth year the owner and the gardener shall divide it, the owner taking his part in charge.