(M415) But the slave had a great amount of freedom, and was in no respect
worse off than a child or even a wife. He could acquire property, marry a
free woman, engage in trade, and act as principal in contract with a free
man. Only, his property, at his death, fell to his master. He was bound to
do service without pay, though he had the right to food and drink. He
could not leave his master’s service at his own will, but he might acquire
enough property to buy his freedom. He was tied to one spot, not being
allowed to leave the city, but might be sent anywhere at command.
(M416) His status was, however, a complex of seeming inconsistencies. Yet
it was so well understood that we rarely get any hints as to the exact
details. It is only by collecting a vast mass of statements as to what
actually occurred that we can deduce some idea of the actual facts.
Professor Oppert in his tract, _La Condition des Esclaves à Babylone,
Comptes Rendues_, 1888, pp. 11 ff.; and Dr. B. Meissner, in his
dissertation, _De Servitute Babylonico-Assyriaca_, have gathered together
the chief facts to be gleaned from the scattered hints in the contracts.
Professor Kohler and Dr. Peiser discussed the question thoroughly in their
_Aus Babylonische Rechtsleben_. Many articles discussing the contracts,
and most of the histories touch upon the subject. We shall come back to it
later under the head of Sales of Slaves. It is very difficult to
disentangle facts from the mass of scattered hints, often consisting of no
more than a word or two in a long document.
(M417) The institution of slavery dates back to the earliest times. We
cannot in any way attempt to date its rise.
Already in the stele of Manistusu we find a slave-girl used as part of the
price of land and worth thirteen shekels;(412) while nine other slaves,
male and female, are reckoned for one-third of a mina apiece. This
remained a fair average price for a slave in Babylonia down to the time of
the Persian conquest. For the variations, see later under Sales of
Slaves.(413) The Code shows that the slave was not free to contract except
by power of attorney,(414) and that it was penal to seduce him from his
master’s service,(415) or to harbor him when fugitive.(416) It fixes a
reward for his recapture,(417) makes it penal to retain a recaptured
slave,(418) and deals with his re-escape.(419) It shows that he was
subject to the “levy.”(420) It also determines the position of a
slave-woman who bears children to her master,(421) or of a slave who
marries a free woman.(422) In each case the children are free. It fixes
the fees to be paid by the slave’s master for his cure,(423) deals with
injuries done to a slave,(424) damages being paid to his master;(425)
enacts that if captured and sold abroad he must be freed, if
re-patriated,(426) and a native of Babylonia, otherwise he returned to his
master.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account