THE LAWS OF THE BABYLONI.4.N8. 



253 



I have also a communication from Professor Orchard on the 

 subject of this evening, which I will read. 



Professor Orchard. — The Laws of Hammurabi are undoubtedly 

 remarkable, and bear testimony to a mind of commanding genius. 

 They furnish yet another rebuke to the many rebukes which modern 

 science has been administering to the foolish theory which depicts 

 early man as a developing savage. These laws cannot, however, be 

 seriously put upon anything like the same high level with the 

 divine enactments in the Pentateuch. Hammurabi's laws are, in 

 fact, unequal and unjust both in regard to persons and in regard to 

 offences. A fatal injury done to a girl is punishable, if she is a 

 gentleman^ s daughter, by the death of the delinquent's daughter ; but 

 if the injury be done to a imor man's daughter, the punishment is 

 merely a fine of half a mina of silver. Anyone injuring a gentle- 

 man is to receive a like injury himself, but a simple fine is considered 

 adequate compensation if the person who has been injured is poor. 

 What can be thought of the justice (?) which visits with death such 

 offences as theft, threatening witnesses, or harbouring a runaway 

 slave 1 What a contrast to the careful graduation of punishment 

 to offence, and the impartial equity, the non-respect of persons, 

 which characterize the Laws of the Pentateuch. 



Dr. Pinches, in reply, said : I will not detain you very long. It 

 is needless to say that I am much obliged to all who have so kindly 

 commented on my papers, and not least, I can assure you, to my 

 very good and learned friend, Sir Henry Howorth ; in fact, I look 

 upon him as one of the leading spirits, as it were, of the science of 

 Assyriology in England. He is one who has probably taken more 

 interest in it than anyone else, and I do not regard him as a layman 

 at all. He makes a serious study of these subjects, and what he 

 says I listen to with great respect, for it is always worth noting. 



Keferring to that matter, I am ready to admit the probability that 

 Hammurabi did carry the monument to Elam itself and set it up at 

 Susa. The indications on the monument itself may be misleading. 

 In this case, as in many others, we must not place too much credence 

 and reliance on what may be deduced from the inscriptions. 



AMiat Mr. Rouse says is also very interesting ; but I do not think 

 it necessary to refer to everything he said in detail. The code of 

 Hammurabi, with regard to the ferocious bull of which he speaks, 

 reminds me of what used to be regarded as a kind of dictum or law, 



