Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-05-14
ANCIENT LAWS.

attraction since us discovery IN tue
mound at susa. about a year ago And
this is quite natural; for this code may
wen be considered one OF the most re-
markable documents IN existence, dat-
ing as far back as 22Cs b. c., or per-
haps still further back The text was
engraved in cunelform script on q ba-
salt pillar eight feet high. making orig
inaliy about 5000 lines, Five columns
were erased by a later king, but the
remainder have been photographed and
deciphered by eminent AssyrIologlsts.
The code itself opens with the fol-
lowing Introduction Of the author In
that day, /, Khammurabi the glorious
prince, the worshlper OF my God, JUS
tce for the land, for witnesses, plain
tlff and defendant; to destroy the ty-
rant, and not to oppose the weak like
unto the sungod, ! promulgated But
the laws are considered inspired from
a higher source; for on the column there
Is a bas.relief, representing the king
standing before the throne Of a divine
parsonage who Is supposed TO dictate
the laws 10 him. The latter then
Is merely the instrument through which
the law IL given. The law itself ac-
cording to that ancient representation.
is from a divine source. And this is
correct too. For all just and lawful
authority Is primarily from God.
According to description In the Lon
don Times OF the remarkable find, the
code opens with an enumeration OF the
kings titles, and a description OF his
installation in Office by the Almighty,
and the elevation Of Babylon to the
dignity of capital Of the empire The
king, speaking Of himself, says: 81 am
the settler OF the tribes the director
OF the people who restored lts proplt.
lous genie winged BULL to the city Of
Assur who caused II 10 shine with
splendor; the king who In the city Of
Nlneveh, in the temple OF Dubdub has
made brilliant the adornments Of the
goddess Istar." That is most import
ant passage which sheds new light upon
the history OF those early times
The new code Itself occupies ~ coll
umns and about $50 clauses II is in
troduced as follows; Law and justice
established In the land / made hap
py the human race In those days" It
is also stated why the laws We're thus
engraved In stone. The author says:
1.-THE law Of the land as 10 judgments,
the decisions Of the land as to decisions,
my precious DEGREES for the informa-
ton Of the oppressed. Upon this stone.
| wrote and placed in the temple OF
Merodach In Babylon" This expresses
the only reason for the existence Of law.
It Is for the benefit OF the weak, the
oppressed, who but for the law, would
be the prey of the tyrants.
The code is said to show most care.
ful, systematic order II begins with
wilchcraft, and passes through al,
grades Of social and domestic life. end
ing With scale OF wages for all classes
Of workmen, even the lowest. The
laws OF wltchoraft contain the "ordeal
OF water" II, says the law, man has
placed an enchantment upon a man
and has not Justified himself the be.
witched person shall plunge into the
Euphrates. Then, II the holy river
holds (drowns) him he Is guilty, ana
the wizard who enchanted him shall
have his house: but II he is not drown
ed Cs innocenO the wizard IL to lose
both life and house. An extrayagant
wife or a ssloonkeeper accused OF cut.
ting prices was subjected to the same
ordeal.
The essential features OF the ordinary
laws, were first. personal responsibility
and the rule Of exact retaliation, tenn
pored with the doctrine OF ransom;
second. the belief In the efficiency OF the
oath. as a sort Of enchantment. TO bring
70 ruin the man who violated Il; third.
the absolute necessity OF written evl.
dencr IN al legal matters The courts
required SEALED" documents Agents
must take and give receipts In all
transactions. The agricultural laws are
very explicit, Land must be cuitlvat-
I'd; II neglected the owner must pay
as much on It as his nelghbors paid.
Damage 10 crop by a storm excused
from the payment OF interest on loans,
Irrigation is carefully regulated. II
an agent swore that what was lntinst-
Cd TO him was taken from him by force
he was cult What man sWore TO
must be- accepted a. true. Money for
which no receipt was taken could not
be included In an account Women
wore he wine merchants and were put
TO death II they kept dlsorderly premis-
es. but women other than saioonkecpers
we're not allowed TO drink at . sa-
Icon. Woman was given high POSI-
ton and had the careful protection Of
the courts She could not be slandered
with impunity "Common-law" mar.
riages however were not recognized
Divorce was provided for. but 70 d.
yorced without cause the woman re-
oeiyed alImony and the custody Of chill
dren A second wife was allowed n
the first becsme chronic invalid
but the sick wife had TO be provided
fer Wards IN chancery" were looked
after by the Judge.
The commentator on the code in the
Times finds a striking resemblance be
tween this ooae and the Mosaic law.
lat II would be just as easy TO point
cut The essential differences. Take for
Instance, the water trial In the Baby.
lonlan code, he who could swim could
evidently easily prove his innocence
while he who did not possess this &C
comDishmtnt. must drown and be n-o-