A History of Babylon, from the Foundation of the Monarchy to the Persian ConquestKing, L. W. (Leonard William)
History
A History of Babylon, from the Foundation of the Monarchy to the Persian Conquest
King, L. W. (Leonard William)
Babylonia -- History
In the regulation of the pastoral and agricultural life of the
community, custom played a very important part, and this was recognized
and enforced by royal authority. Carelessness in looking after cattle
was punished by fine, but the owner was not held responsible for damage
unless negligence could be proved on his part. Thus a bull might go
wild at any time and gore a man, who would have no redress against its
owner. But if the beast was known to be vicious, and its owner had not
blunted its horns nor shut it up, he was obliged to pay compensation
for damage. On the other hand, the owner of cattle or asses, who had
hired them out, could exact compensation for the loss or ill-treatment
of his beasts. These were framed on the principle that the hirer was
responsible only for damage or loss which; he could reasonably have
prevented. If, for example, a lion killed a hired ox or ass in the
open country, or if an ox was killed by lightning, the loss fell upon
the owner and not on the man who had hired the beast. But if the hirer
killed the ox through carelessness or by beating it unmercifully, or
if the beast broke its leg while in his charge, he had to restore to
the owner another ox in its place. For less serious damage to the beast
the hirer paid compensation on a fixed scale.[10] It is clear that such
regulations merely gave the royal sanction to long-established custom.
Both for looking after their herds and for the cultivation of their
estates the landed proprietors depended to a great extent upon hired
herdsmen and farmers; and any dishonesty on the part of the latter with
regard to cattle, provender, or seed-corn was severely punished. A
theft of provender, for example, had to be made good, and the culprit
ran the additional risk of having his hands cut off. Heavy compensation
was exacted from any man, who, for his own profit, hired out oxen
which had been entrusted to his charge; while, if a farmer stole the
seed-corn supplied for the field he had hired, so that he produced no
crop to share with the owner, not only had he to pay compensation but
he was liable to be torn in pieces by oxen in the field he should have
cultivated.[11] In the age of Hammurabi the heavier penalties were no
doubt largely traditional, having come down from a more barbarous time
when dishonesty could only be kept in check by strong measures. Their
retention among the statutes doubtless acted as an effective deterrent,
and a severe sentence, if carried out occasionally in the case of an
aggravated offence, would have sufficed to maintain respect for the
regulations.
Public-domain text, read in full here on John Shaqi.
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