Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-19
LAW OF THE ANCIENTS
STATUS OF WOMEN UNDER CODH
OF KHAMMURABI.
Conditions in Babylonia Twenty-Five
Centuries Before Christ
Rules of Justice.
From the London Queen.

From the London Queen.
One of the most remarkable historical
monuments that have ever been recovered
from the buried cities of the ancient world
has recently been brought to light by
French scientific expedition at Susa, in the
valley of the Euphrates. The monument
| itself is pillar of black diorite, eight feet
high, and it's value consists in the fact that
it bears engraved upon it the earliest known
code of laws in the history of the world.
1t has been photographed, and the inscrip-
tons on it translated. and the whole pub
lished by order of the French minister of
public instruction. The laws thus brought
to our knowledge are so wonderfully wise.
and apply largely to the conditions OF
life today, that, when reading them, ii is
hard to believe that they were written over
1900 years ago, and undoubtedly many of
them were made for some considerable time
before being codied by the great king
lawgfver, Khammurabi, the ruler of Baby
lonia, who reigned somewhere about B. c.
22oo. The code is thus a thousand years
older than the Mosaic age, and Older than
any other known system of ancient legis-
lation.
High Position of Women.
But not alone for it's age is this code Of
laws remarkable, nor oven for the applica-
bility of many of its provisions to modern
usages; it is remarkable revealing the
extraordinarily high position and legal pro-
lection then afforded to women. 1t is an
axiom that the higher the civilization Of a
race the higher is its respect for women.
Judging by the regard paid to their women
folk by the ancient Babylonians, their state
of civilization must have been as, indeed,
we know it was, very high indeed. Before,
however, giving instances of the legal pro-
lection extended by this code to women We
should first note three essential features OF
it which can be easily classified Firstly, 1t
is based on personal responsibility, and the
rule of "a tooth for a tooth, tempered by
the law of ransom; next, on the belief in
the sanctity of the oath; and, thirdly, on
the absolute necessity of written evidence
in all legal matters. In passing we may re-
mark that, excepting the first, these prin-.
ciples of legal procedure underlie the law of
Great Britain today.
Ancient Trade Drummers.
incidentally this old code throws con-
siderable light on the social and CONNER
cial life of the ancient Arab race which
then ruled Babylonia. 1t is strange, for in
stance, to read that many of the clauses
relate to agents or peddlers, the CONNER
cial travellers of the time. Others related
to premises licensed for the sale of intoxi-
eating liquors. and it is still more curious
to note that all wine merchants We're fe-
males. Thus read that: IF r1otouS
persons assemble in the house of a wine
merchant, and those riotouS persons she
sezes not and drives to the palace, that
wine merchant shall be put to death"
Though on first sight 1t might look curious
that riotous persons should be driven TO
the palace the anomaly disappears when
one remembers that the palace of the king
was also the seat of justice and its admin
iStration.
The Water Ordeal.
One of the provisions for judgment of this
ancient code was the ordeal by water,
based on the same principle as that of our
fln
trial on being thrown into the sacred river
Euphrates, sank, he was presumed guilty,
not only his life, but his property being
confscated, and generally given to his ac-
cuser If he foated he was adjudged lnno-
cent and the house of the accuser became
his property. This ordeal by water was
also applied in the case of women. For
instance to justify herself from scandal a
woman could claim the ofuedl VI piulSlhS
into the holy water
The law on divorce is very explicit. ana,
from the womans point of view, remark
ably fair and just. For, if divorced with
out cause the husband had to allow ALI
mony the custody of her children and a
portion of the estate equal to the inheri-
lance of a son; and, moreover, the woman
was free to marry again. The woman also
was entitled to a divorce, providing she
could justify her right to 1t. Among the
causes for divorcing woman were the
charges that she had acted the fool, ana
wasted his house" In this case the nus
band should give her nothing, but, on the
contrary could have such a wife drowned
Sickness however, was no Jusuhcdtlon 1or
divorce-''if a man has married WIFE, ana
sickness has Sc. zed her, he may take sec
ond Wife but the sick wife he shall not put
away; in the house she shall dwell; as long
as she lives he shall sustain her"
Laws Of Property.
The laws dealing with property are very
full and based on a most equitable sys-
tenn One clause is remarkable as much
for its common sense and justice as for It's
resemblance to present-day law, in spite or
its remote antiquity. In It we have all the
essential features of a modern ward IN
chancery. Thus we find that in Babylonla
a widow with young children could not re-
marry without the consent of the judge. Ii
she remarked, the judge had power to IN
quire into her affairs, and especially as to
her late husbands estate. Such estate was
to be kept under deed for he benefit of the
children by the first marriage. Not only
was the house to be kept in trust for such
children, but the very furniture therein
was not to be sold. "A purchaser that has
bought any furniture from the children of
the widow shall forfeit his money and
turn the property to its owner