The constitution of the family was of a complex character. It would appear that the people of each city were divided into clans, all of whose members claimed to be descended from a common ancestor, who had flourished at a more or less remote period. The members of each clan were by no means all in the same social position, some having gone down in the world, others having raised themselves; and amongst them we find many different callings—from agricultural labourers to scribes, and from merchants to artisans. No mutual tie existed among the majority of these members except the remembrance of their common origin, perhaps also a common religion, and eventual rights of succession or claims upon what belonged to each one individually. The branches which had become gradually separated from the parent stock, and which, taken all together, formed the clan, possessed each, on the contrary, a very strict organization. It is possible that, at the outset, the woman occupied the more important position, but at an early date the man became the head of the family,* and around him were ranged the wives, children, servants, and slaves, all of whom had their various duties and privileges.

He offered the household worship to the gods of his race, in accordance with special rites which had come down to him from his father; he made at the tombs of his ancestors, at such times as were customary, the offerings and prayers which assured their repose in the other world, and his powers were as extensive in civil as in religious matters. He had absolute authority over all the members of his household, and anything undertaken by them without his consent was held invalid in the eyes of the law; his sons could not marry unless he had duly authorized them to do so. For this purpose he appeared before the magistrate with the future couple, and the projected union could not be held as an actual marriage, until he had affixed his seal or made his nail-mark on the contract tablet. It amounted, in fact, to a formal deed of sale, and the parents of the girl parted with her only in exchange for a proportionate gift from the bridegroom. One girl would be valued at a silver shekel by weight, while another was worth a mina, another much less;* the handing over of the price was accompanied with a certain solemnity. When the young man possessed no property as yet of his own, his family advanced him the sum needed for the purchase. On her side, the maiden did not enter upon her new life empty handed; her father, or, in the case of his death, the head of the family at the time being, provided her with a dowry suited to her social position, which was often augmented by considerable presents from her grandmother, aunts, and cousins.**

The dowry would consist of a carefully marked out field of corn, a grove of date-palms, a house in the town, a trousseau, furniture, slaves, or ready money; the whole would be committed to clay, of which there would be three copies at least, two being given by the scribe to the contracting parties, while the third would be deposited in the hands of the magistrate. When the bride and bridegroom both belonged to the same class, or were possessed of equal fortunes, the relatives of the woman could exact an oath from the man that he would abstain from taking a second wife during her lifetime; a special article of the marriage agreement permitted the woman to go free should the husband break his faith, and bound him to pay an indemnity as a compensation for the insult he had offered her. This engagement on the part of the man, however, did not affect his relations with his female servants. In Chaldæa, as in Egypt, and indeed in the whole of the ancient world, they were always completely at the mercy of their purchaser, and the permission to treat them as he would had become so much of a custom that the begetting of children by their master was desired rather than otherwise: the complaints of the despised slave, who had not been taken into her master’s favour, formed one of the themes of popular poetry at a very early period. When the contract tablet was finally sealed, one of the witnesses, who was required to be a free man, joined the hands of the young couple; nothing then remained to be done but to invite the blessing of the gods, and to end the day by a feast, which would unite both families and their guests. The evil spirits, however, always in quest of an easy prey, were liable to find their way into the nuptial chamber, favoured by the confusion inseparable from all household rejoicing: prudence demanded that their attempts should be frustrated, and that the newly married couple should be protected from their attacks. The companions of the bridegroom took possession of him, and, hand to hand and foot to foot, formed as it were a rampart round him with their bodies, and carried him off solemnly to his expectant bride. He then again repeated the words which he had said in the morning: “I am the son of a prince, gold and silver shall fill thy bosom; thou, even thou, shalt be my wife, I myself will be thy husband;” and he continued: “As the fruits borne by an orchard, so great shall be the abundance which I shall pour out upon this woman.” * The priest then called down upon him benedictions from on high: “Therefore, O ye (gods), all that is bad and that is not good in this man, drive it far from him and give him strength. As for thee, O man, exhibit thy manhood, that this woman may be thy wife; thou, O woman, give that which makes thy womanhood, that this man may be thy husband.” On the following morning, a thanksgiving sacrifice celebrated the completion of the marriage, and by purifying the new household drove from it the host of evil spirits.**

The woman, once bound, could only escape from the sovereign power of her husband by death or divorce; but divorce for her was rather a trial to which she submitted than a right of which she could freely make use. Her husband could repudiate her at will without any complicated ceremonies. It was enough for him to say: “Thou art not my wife!” and to restore to her a sum of money equalling in value the dowry he had received with her;* he then sent her back to her father, with a letter informing him of the dissolution of the conjugal tie.** But if in a moment of weariness or anger she hurled the fatal formula at him: “Thou are not my husband!” her fate was sealed: she was thrown into the river and drowned.***

The adulteress was also punished with death, but with death by the sword: and when the use of iron became widespread, the blade was to be of that metal. Another ancient custom only spared the criminal to devote her to a life of infamy: the outraged husband stripped her of her fleecy garments, giving her merely the loin-cloth in its place, which left her half naked, and then turned-her out of the house into the street, where she was at the mercy of the first passer-by. Women of noble or wealthy families found in their fortune a certain protection from the abuse of marital authority. The property which they brought with them by their marriage contract, remained at their own disposal.* They had the entire management of it, they farmed it out, they sold it, they spent the income from it as they liked, without interference from any one: the man enjoyed the comforts which it procured, but he could not touch it, and his hold upon it was so slight that his creditors could not lay their hands on it.

If by his own act he divorced his wife, he not only lost all benefit from her property, but he was obliged to make her an allowance or to pay her an indemnity;* at his death, the widow succeeded to these, without prejudice to what she was entitled to by her marriage contract or the will of the deceased. The woman with a dowry, therefore, became more or less emancipated by virtue of her money. As her departure deprived the household of as much as, and sometimes more than, she had brought into it, every care was taken that she should have no cause to retire from it, and that no pretext should be given to her parents for her recall to her old home; her wealth thus obtained for her the consideration and fair treatment which the law had, at the outset, denied to her.

When, however, the wife was poor, she had to bear without complaint the whole burden of her inferior position. Her parents had no other resource than to ask the highest possible price for her, according to the rank in which they lived, or in virtue of the personal qualities she was supposed to possess, and this amount, paid into their hands when they delivered her over to the husband, formed, if not an actual dowry for her, at least a provision for her in case of repudiation or widowhood: she was not, however, any less the slave of her husband—a privileged slave, it is true, and one whom he could not sell like his other slaves,* but of whom he could easily rid himself when her first youth was passed, or when she ceased to please him.**

In many cases the fiction of purchase was set aside, and mutual consent took the place of all other formalities, marriage then becoming merely cohabitation, terminating at will. The consent of the father was not required for this irregular union, and many a son contracted a marriage after this fashion, unknown to his relatives, with some young girl either in his own or in an inferior station: but the law refused to allow her any title except that of concubine, and forced her to wear a distinctive mark, perhaps that of servitude, namely, the representation of an olive in some valuable stone or in terra-cotta, bearing her own and her husband’s name, with the date of their union, which she kept hung round her neck by a cord. Whether they were legitimate wives or not, the women of the lower and middle classes enjoyed as much independence as did the Egyptian women of a similar rank. As all the household cares fell to their share, it was necessary that they should be free to go about at all hours of the day: and they could be seen in the streets and the markets, with bare feet, their head and face uncovered, wearing their linen loin-cloth or their long draped garments of hairy texture.* Their whole life was expended in a ceaseless toil for their husbands and children: night and morning they went to fetch water from the public well or the river, they bruised the corn, made the bread, spun, wove, and clothed the entire household in spite of the frequent demands of maternity.** The Chaldæan women of wealth or noble birth, whose civil status gave them a higher position, did not enjoy so much freedom. They were scarcely affected by the cares of daily life, and if they did any work within their houses, it was more from a natural instinct, a sense of duty, or to relieve the tedium of their existence, than from constraint or necessity; but the exigencies of their rank reduced them to the state of prisoners. All the luxuries and comforts which money could procure were lavished on them, or they obtained them for themselves, but all the while they were obliged to remain shut in the harem within their own houses; when they went out, it was only to visit their female friends or their relatives, to go to some temple or festival, and on such occasions they were surrounded with servants, eunuchs, and pages, whose serried ranks shut out the external world.

There was no lack of children in these houses when the man had several mistresses, either simultaneously or successively. Maternity was before all things a woman’s first duty: should she delay in bearing children, or should anything happen to them, she was considered as accursed or possessed, and she was banished from the family lest her presence should be a source of danger to it.* In spite of this many households remained childless, either because a clause inserted in the contract prevented the dismissal of the wife if barren, or because the children had died when the father was stricken in years, and there was little hope of further offspring. In such places adoption filled the gaps left by nature, and furnished the family with desired heirs. For this purpose some chance orphan might be brought into the household—one of those poor little creatures consigned by their mothers to the river, as in the case of Shargani, according to the ancient legend; or who had been exposed at the cross-roads to excite the pity of passers-by,** like the foundling whose story is given us in an old ballad. “He who had neither father nor mother,—he who knew not his father or mother, but whose earliest memory is of a well—whose entry into the world was in the street,” his benefactor “snatched him from the jaws of dogs—and took him from the beaks of ravens.—He seized the seal before witnesses—and he marked him on the sole of the foot with the seal of the witness,—then he entrusted him to a nurse,—and for three years he provided the nurse with flour, oil, and clothing.” When the weaning was accomplished, “he appointed him to be his child,—he brought him up to be his child,—he inscribed him as his child,—and he gave him the education of a scribe.” The rites of adoption in these cases did not differ from those attendant upon birth. On both occasions the newly born infant was shown to witnesses, and it was marked on the soles of its feet to establish its identity; its registration in the family archives did not take place until these precautions had been observed, and children adopted in this manner were regarded thenceforward in the eyes of the world as the legitimate heirs of the family.

People desiring to adopt a child usually made inquiries among their acquaintances, or poor friends, or cousins who might consent to give up one of their sons, in the hope of securing a better future for him. When he happened to be a minor, the real father and mother, or, in the case of the death of one, the surviving parent, appeared before the scribe, and relinquished all their rights in favour of the adopting parents; the latter, in accepting this act of renunciation, promised henceforth to treat the child as if he were of their own flesh and blood, and often settled upon him, at the same time, a certain sum chargeable on their own patrimony. When the adopted son was of age, his consent to the agreement was required, in addition to that of his parents. The adoption was sometimes prompted by an interested motive, and not merely by the desire for posterity or its semblance. Labour was expensive, slaves were scarce, and children, by working for their father, took the place of hired servants, and were content, like them, with food and clothing. The adoption of adults was, therefore, most frequent in ancient times. The introduction of a person into a fresh household severed the ties which bound him to the old one; he became a stranger to those who had borne him; he had no filial obligations to discharge to them, nor had he any right to whatever property they might possess, unless, indeed, any unforeseen circumstance prevented the carrying out of the agreement, and legally obliged him to return to the status of his birth. In return, he undertook all the duties and enjoyed the privileges of his new position; he owed to his adopted parents the same amount of work, obedience, and respect that he would have given to his natural parents; he shared in their condition, whether for good or ill, and he inherited their possessions. Provision was made for him in case of his repudiation by those who had adopted him, and they had to make him compensation: he received the portion which would have accrued to him after their death, and he then left them. Families appear to have been fairly united, in spite of the elasticity of the laws which governed them, and of the divers elements of which they were sometimes composed. No doubt polygamy and frequently divorce exercised here as elsewhere a deleterious influence; the harems of Babylon were constantly the scenes of endless intrigues and quarrels among the women and children of varied condition and different parentage who filled them. Among the people of the middle classes, where restricted means necessarily prevented a man having many wives, the course of family life appears to have been as calm and affectionate as in Egypt, under the unquestioned supremacy of the father: and in the event of his early death, the widow, and later the son or son-in-law, took the direction of affairs. Should quarrels arise and reach the point of bringing about a complete rupture between parents and children, the law intervened, not to reconcile them, but to repress any violence of which either side might be guilty towards the other. It was reckoned as a misdemeanour for any father or mother to disown a child, and they were punished by being kept shut up in their own house, as long, doubtless, as they persisted in disowning it; but it was a crime in a son, even if he were an adopted son, to renounce his parents, and he was punished severely. If he had said to his father, “Thou art not my father!” the latter marked him with a conspicuous sign and sold him in the market. If he had said to his mother, “As for thee, thou art not my mother!” he was similarly branded, and led through the streets or along the roads, where with hue and cry he was driven from the town and province.*

The slaves were numerous, but distributed in unequal proportion among the various classes of the population: whilst in the palace they might be found literally in crowds, it was rare among the middle classes to meet with any family possessing more than two or three at a time. They were drawn partly from foreign races; prisoners who had been wounded and carried from the field of battle, or fugitives who had fallen into the hands of the victors after a defeat, or Elamites or Gutis who had been surprised in their own villages during some expedition; not to mention people of every category carried off by the Bedouin during their raids in distant parts, such as Syria or Egypt, whom they were continually bringing for sale to Babylon and Uru, and, indeed, to all those cities to which they had easy access. The kings, the vicegerents, the temple administration, and the feudal lords, provided employment for vast numbers in the construction of their buildings or in the cultivation of their domains; the work was hard and the mortality great, but gaps were soon filled up by the influx of fresh gangs. The survivors intermarried, and their children, brought up to speak the Chaldæan tongue and conforming to the customs of the country, became assimilated to the ruling race; they formed, beneath the superior native Semite and Sumerian population,an inferior servile class, spread alike throughout the towns and country, who were continually reinforced by individuals of the native race, such as foundlings, women and children sold by husband or father, debtors deprived by creditors of their liberty, and criminals judicially condemned. The law took no individual account of them, but counted them by heads, as so many cattle: they belonged to their respective masters in the same fashion as did the beasts of his flock or the trees of his garden, and their life or death was dependent upon his will, though the exercise of his rights was naturally restrained by interest and custom. He could use them as pledges or for payment of debt, could exchange them or sell them in the market. The price of a slave never rose very high: a woman might be bought for four and a half shekels of silver by weight, and the value of a male adult fluctuated between ten shekels and the third of a mina. The bill of sale was inscribed on clay, and given to the purchaser at the time of payment: the tablets which were the vouchers of the rights of the former proprietor were then broken, and the transfer was completed. The master seldom ill-treated his slaves, except in cases of reiterated disobedience, rebellion, or flight; he could arrest his runaway slaves wherever he could lay his hands on them; he could shackle their ankles, fetter their wrists, and whip them mercilessly. As a rule, he permitted them to marry and bring up a family; he apprenticed their children, and as soon as they knew a trade, he set them up in business in his own name, allowing them a share in the profits. The more intelligent among them were trained to be clerks or stewards; they were taught to read, write, and calculate, the essential accomplishments of a skilful scribe; they were appointed as superintendents over their former comrades, or overseers of the administration of property, and they ended by becoming confidential servants in the household. The savings which they had accumulated in their earlier years furnished them with the means of procuring some few consolations: they could hire themselves out for wages, and could even acquire slaves who would go out to work for them, in the same way as they themselves had been a source of income to their proprietors. If they followed a lucrative profession and were successful in it, their savings sometimes permitted them to buy their own freedom, and, if they were married, to pay the ransom of their wife and children. At times, their master, desirous of rewarding long and faithful service, liberated them of his own accord, without waiting till they had saved up the necessary money or goods for their enfranchisement: in such cases they remained his dependants, and continued in his service as freemen to perform the services they had formerly rendered as slaves. They then enjoyed the same rights and advantages as the old native race; they could leave legacies, inherit property, claim legal rights, and acquire and possess houses and lands. Their sons could make good matches among the daughters of the middle classes, according to their education and fortune; when they were intelligent, active, and industrious, there was nothing to prevent them from rising to the highest offices about the person of the sovereign.

If we knew more of the internal history of the great Chaldæan cities, we should no doubt come to see what an important part the servile element played in them; and could we trace it back for a few generations, we should probably discover that there were few great families who did not reckon a slave or a freedman among their ancestors. It would be interesting to follow this people, made up of such complex elements, in all their daily work and recreation, as we are able to do in the case of contemporary Egyptians; but the monuments which might furnish us with the necessary materials are scarce, and the positive information to be gleaned from them amounts to but little. We are tolerably safe, however, in supposing the more wealthy cities to have been, as a whole, very similar in appearance to those existing at the present day in the regions which as yet have been scarcely touched by the advent of European civilization. Sinuous, narrow, muddy streets, littered with domestic refuse and organic detritus, in which flocks of ravens and wandering packs of dogs perform with more or less efficiency the duties of sanitary officers; whole quarters of the town composed of huts made of reeds and puddled clay, low houses of crude brick, surmounted perhaps even in those times with the conical domes we find later on the Assyrian bas-reliefs; crowded and noisy bazaars, where each trade is located in its special lanes and blind alleys; silent and desolate spaces occupied by palaces and gardens, in which the private life of the wealthy was concealed from public gaze; and looking down upon this medley of individual dwellings, the palaces and temples with their ziggurats crowned with gilded and painted sanctuaries. In the ruins of Uru, Eridu, and Uruk, the remains of houses belonging doubtless to well-to-do families have been brought to light. They are built of fine bricks, whose courses are cemented together with a thin layer of bitumen, but they they are only lighted internally by small appertures pierced at irregular distances in the upper part of the walls: the low arched doorway, closed by a heavy two-leaved door, leads into a blind passage, which opens as a rule on the courtyard in the centre of the building.

In the interior may still be distinguished the small oblong rooms, sometimes vaulted, sometimes roofed with a flat, ceiling supported by trunks of palm trees;* the walls are often of a considerable thickness, in which are found narrow niches here and there. The majority of the rooms were merely store-chambers, and contained the family provisions and treasures; others served as living-rooms, and were provided with furniture. The latter, in the houses of the richer citizens no less than in those of the people, was of a very simple kind, and was mostly composed of chairs and stools, similar to those in the royal palaces; the bedrooms contained the linen chests and the beds with their thin mattresses, coverings, and cushions, and perhaps wooden head-rests, resembling those found in Africa,** but the Chaldæans slept mostly on mats spread on the ground.

An oven for baking occupied a corner of the courtyard, side by side with the stones for grinding the corn; the ashes on the hearth were always aglow, and if by chance the fire went out, the fire-stick was always at hand to relight it, as in Egypt. The kitchen utensils and household pottery comprised a few large copper pans and earthenware pots rounded at the base, dishes, water and wine jars, and heavy plates of coarse ware; metal had not as yet superseded stone, and in the same house we meet with bronze axes and hammers side by side with the same implements in cut flint, besides knives, scrapers, and mace-heads.*

At the present day the women of the country of the Euphrates spend a great part of their time on the roofs of their dwellings.* They install themselves there in the morning, till they are driven away by the heat; as soon as the sun gets low in the heavens, they return to their post, and either pass the day on neighbouring roofs whilst they bake, cook, wash and dry the linen; or, if they have slaves to attend to such menial occupations, they sew and embroider in the open air.

They come down into the interior of the house during the hottest hours of the day. In most of the wealthy houses, the coolest room is one below the level of the courtyard, into which but little light can penetrate. It is paved with plaques of polished gypsum, which resembles our finest grey-and-white marble, and the walls are covered with a coat of delicate plastering, smooth to the touch and agreeable to the eye. This is watered several times during the day in hot weather, and the evaporation from it cools the air. The few ruined habitations which have as yet been explored seem to bear witness to a considerable similarity between the requirements and customs of ancient times and those of to-day. Like the modern women of Bagdad and Mosul, the Chaldæan women of old preferred an existence in the open air, in spite of its publicity, to a seclusion within stuffy rooms or narrow courts. The heat of the sun, cold, rain, and illness obliged them at times to seek a refuge within four walls, but as soon as they could conveniently escape from them, they climbed up on to their roof to pass the greater part of their time there.

Many families of the lower and middle classes owned the houses which they occupied. They constituted a patrimony which the owners made every effort to preserve intact through all reverses of fortune.* The head of the family bequeathed it to his widow or his eldest son, or left it undivided to his heirs, in the assurance, no doubt, that one of them would buy up the rights of the others.

The remainder of his goods, farms, gardens, corn-lands, slaves, furniture, and jewels, were divided among the brothers or natural descendants, “from the mouth to the gold;” that is to say, from the moment of announcing the beginning of the business, to that when each one received his share. In order to invest this act with greater solemnity, it took place usually in the presence of a priest. Those interested repaired to the temple, “to the gate of the god;” they placed the whole of the inheritance in the hands of the chosen arbitrator, and demanded of him to divide it justly; or the eldest brother perhaps anticipated the apportionment, and the priest had merely to sanction the result, or settle the differences which might arise among the lawful recipients in the course of the operation. When this was accomplished, the legatees had to declare themselves satisfied; and when no further claims arose, they had to sign an engagement before the priestly arbitrator that they would henceforth refrain from all quarrelling on the subject, and that they would never make a complaint one against the other. By dint of these continual redistributions from one generation to another, the largest fortunes soon became dispersed: the individual shares became smaller and smaller, and scarcely sufficed to keep a family, so that the slightest reverse obliged the possessor to have recourse to usurers. The Chaldæans, like the Egyptians, were unacquainted with the use of money, but from the earliest times the employment of precious metals for purposes of exchange was practised among them to an enormous extent. Though copper and gold were both used, silver was the principal medium in these transactions, and formed the standard value of all purchaseable objects. It was never cut into flat rings or twists of wire, as was the case with the Egyptian “tabnu;” it was melted into small unstamped ingots, which were passed from hand to hand by weight, being tested in the scales at each transaction. “To weigh” was in the ordinary language the equivalent for “payment in metal,” whereas “to measure” denoted that the payment was in grain. The ingots for exchange were, therefore, designated by the name of the weights to which they corresponded. The lowest unit was a shekel, weighing on an average nearly half an ounce, sixty shekels making a mina, and sixty minas a talent. It is a question whether the Chaldæanns possessed in early times, as did the Assyrians of a later period, two kinds of shekels and minas, one heavy and the other light. Whether the loan were in metal, grain, or any other substance, the interest was very high.* A very ancient law fixed it in certain cases at twelve drachmas per mina, per annum—that is to say, at twenty per cent.—and more recent texts show us that, when raised to twenty-five per cent., it did not appear to them abnormal.

The commerce of the chief cities was almost entirely concentrated in the temples. The large quantities of metals and cereals constantly brought to the god, either as part of the fixed temple revenue, or as daily offerings, accumulated so rapidly, that they would have overflowed the storehouses, had not a means been devised of utilizing them quickly: the priests treated them as articles of commerce and made a profit out of them.* Every bargain necessitated the calling in of a public scribe. The bill, drawn up before witnesses on a clay tablet, enumerated the sums paid out, the names of the parties, the rate per cent., the date of repayment, and sometimes a penal clause in the event of fraud or insolvency; the tablet remained in the possession of the creditor until the debt had been completely discharged. The borrower often gave as a pledge either slaves, a field, or a house, or certain of his friends would pledge on his behalf their own personal fortune; at times he would pay by the labour of his own hands the interest which he would otherwise have been unable to meet, and the stipulation was previously made in the contract of the number of days of corvée which he should periodically fulfil for his creditor. If, in spite of all this, the debtor was unable to procure the necessary funds to meet his engagements, the principal became augmented by a fixed sum—for instance, one-third—and continued to increase at this rate until the total value of the amount reached that of the security:** the slave, the field, or the house then ceased to belong to their former, master, subject to a right of redemption, of which he was rarely able to avail himself for lack of means.***