The Montgomery advertiser., 1903-07-12
LAW OF THE ANCIENTs.
Status of Women Under Code of
 Khammurabi.

London Queen.
 One of the ,aost remarkable historical nionu- ments that have ever been recovered from the buried cities of the ancient world has re- gently been brought to light by French sci- entific expedition at Susa fin the valley of the Euphrates. The monument itself is a pil- lar of black diorite. eight feet high and its value consists in the fact that 1t bears en- graved upon 1t the earliest known code of laws In the history of the world. It has been pho- tosraphed and the inscription 1t translated, and the whole published by order of the French minister of public instruction. The laws thus brought to our knowledge 30 wonderfully wise and apply so largely to the conditions of life today that, when reading thsm, 1t is hard to believe that they written over 4,ooo years age and undoubtedly many of them made for some considerable time before being oodhed by the great King -giver Kham- mursbi. the ruler of Babyionia, who reigned somewhere about B. C. 22Oo. The code is thus a thousand years older than the Mosaic age and older than any known system of ancient legislation. A
 High Position of Women. ..
 But not alone for it's age is this code of laws remarkable. nor even for the applicability of many of its provisions to modern usages 1t is remarkable as revealing the extraordinarily high position aud legal protection then afford ed to women. It is an axiom that the higher the civilization of a race the higher Is its spect for women. Judging by the regard paid to their women folk by the ancient Baby lonians their state of civilization must have been. as, indeed we know 1t was. very high indeed. Before. however, giving instances of the legal protection extended by this code to women we should first note three essential fea- lures of 1t which can be easily classified. Firstly, 1t is based on personal responsibility and the rule of "a tooth for a tooth," tenn pered by the law of ransom; naKt, on the be- lief in the sanctity of the oath: and, thirdly. 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 code throws considerable light on the social and commercial life of the , ancient Arab race which then ruled Babylonia- Tt is strange, for instance, to read that many of the clauses relate to agents or peddlers. the commercial travellers of the time. Others re- lated to premises licensed fer the sale of in- toxicaklng liquors; and 1t Is still more curious to note that all wine merchants were females. Thus we read that: ''n riotous persons as- semble in the house of a wine merchant, and those riotous persons she seizes not and drives to the palace, that wine merchant shall be put to death" Though on first sight it 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 administration. One of the provisions for judgment of this ancient code was the ordeal by water. based
 
 early history. If the person upon trial, on be- ling thrown into the sacred river Euphrates, sank. he was presumed guilty. not only his life. but his propevty. being confiscated and generally given to his accuser. If he hoated he was adJudged innocent and the house of Nhe aOouser became his property. This ordeal by water was also applied in the case of Wo- men. For instance to justify herself from scandal Q woman could claim the ordeal of plunging into the holy water.
 Th0 Water Ordeal
 The law on divorce is very explicit and, from the woman's point of view. remarkably fair and just. For, if divorced without cause, the husband had to allow altmony, the cus- tody of her children and a portion of the tate equal to the inheritance of a son; and, moreover, the woman was free to marry again. The woman also was entitled to a divorce, provided she could justify her right to 1t. Among the causes for dtvorcing O woman were the charges that she bad acted the fool and wasted his house." In this case the hus- band should give her nothing, but, on the iDontrary, could have such e wife drowned. Sickness however, was no Justification for di- tvorce-''if @ man has married wife and sick lness has seized her he may take e second wife, but the sick wife he shall not put away; in lths house she shall dwell; as long as she lives he shall sustain her"
 Laws of Property.
 1 The laws dealing with property are vary full and based a most equitable system. One tclause Is remarkable as much for its com mon sense and justice as for it's resemblance Ito present-day law. in spite of its remote an- Itiduity Tn it we have all the essential fea- lures of a modern ward in chancery. Thus we find that in Babylonia a widow with young kchiIdren could not rsmarry without the con- Isent of the judge. If she remarried the judge Ihad power to inquire into her affairs, and es- lueciaily as to her late husbands estate. Such lostate was to be kept under deed for the benefit of the children by the first marriage. Not only was the house to be kept in trust for such tchildren but tine very furniture therein was tnot to be sold. "A purchaser that has bought Inny furniture from the children of the widow shah forfeit his money and return the prop erty to its owner"