later kings of Babylon and Assyria.
Returning to the Mesopotamian societies, we find much other evidence
of the dependence of State-institutions upon cult and religious ideas.
Justice and the integrity of the Law were virtues consecrated by old
Babylonian religion. One of the most striking of the Shamash hymns
exhibits the sun-god as the guardian of right judgment--“the wicked
judge thou makest to behold bondage--him who receives not a bribe, who
has regard to the weak, shall be well-pleasing to Shamash, he shall
prolong his life”: “Shamash hates those who falsify boundaries and
weights.”[127.1] The respect for the rights of property to which the
latter phrase alludes, was maintained by the force of religious
sanctions. The King Asurbanipal declares that he has restored to the
Babylonians their fields that had been wrongfully taken away, “for
fear of Bel and Nebo.”[127.2] A number of inscribed Babylonian
boundary-stones have been found with symbols of the various high gods
carved upon them, with invocations in their name to deter trespassers,
or those who would remove their neighbour’s landmark.[127.3] One of
these is marked with a curse as follows:[127.4] “May Ninib, the Lord
of Boundaries, deprive him of {128} his son the water-pourer”--meaning
that the man who violates the boundaries shall leave no son behind him
to perform the funeral rites. Probably other examples of this practice
are to be found in non-Hellenic Asia Minor; at present I can only
quote one, a late Phrygian inscription, which, however, may testify to
an early Phrygian religious function, on a slab with the divine name
Ὁροφύλαξ, “Boundary-guardian,” inscribed beneath a carved
relief-figure of the god Men bearing a club.[128.1] In Greece, as is
well known, religion contributed the same aid to the evolution of the
law of private property in land; the boundary is put under the
protection of Zeus Ὅριος, a power similar to the Latin Jupiter
Terminus, or of Hermes Ἑπιτέρμαιος.[128.2] In this function they are
regarded as nether-deities, whose divinity is latent in the soil. But
though Hellas may have borrowed from Babylon its system of
land-measurement, it did not need to borrow this religious idea and
practice. For these are widespread over the world: in the Teutonic
north the rights of the owner were sanctified by carrying holy fire
from the hearth round the boundary; and in savage modern societies by
the use of the terrible weapon of the tabu and by the erection of
fetiches on the boundary mark which serve as ἀποτρόπαια.[128.3] We
have here a salient example of religion as a constructive force in
framing a great social institution, while the motive desire is secular
and purely human.
Public-domain text, read in full here on John Shaqi.
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