Chapter 32

Boatmen, carriers and builders, their duties and responsibilities, 64, 234 _sq._

Bond, written deed or contract sealed: Assyrian, of great length, 231 body of the deed uniform, 229 deed of house sale, 241 destroyed on payment, 260 drawn by scribe, 83 for adoption, signed and sealed, 155 for debt, 49, 52 for deed of gift to son, 57, 165 for legal marriage, 54, 128 for legal purchase, 44, 7 for rent due, 48, 47 for storage, 53, 122 in marriage contract, 130 in Sumerian or in Semitic, 229 interests safeguarded, 232 its value as a legal witness, 80 _sq._ kept how and where, 12 legal memoranda in security, 10, 12, 282 marriage contracts, few met with, 137 marriage deed of gift, 56, 150 notary’s fee for, 231 of herdsman, 66, 264 often the subject in pledge, 263 power of attorney for sealing, 69 preserved in temple archives, 227 production of, 112 specifications of items, 230, 231 earnest-money to close the bargain, 230 specimen deed of sale, 228 to daughter of concubine, 60, 183 to votary’s dowry from her father, 59, 178, 60, 179, 180, 181 usually in duplicate, 12 valuable for information, 236, 242, 247 with free gifts, 219

Boundary stones, 191 as inviolable landmarks, 191, 192 description of, in deeds, 238 street named as boundary, 241 usually rectangular, 238

Branding, brander, 63, 226, 227, 176 on forehead for slander, 53, 127, 176 on freeman escaped from levy-master, 176 or tattooing a slave, 176, 177 slave without owner’s consent, 63, 226, 227 son’s wife branded and sold, 140

Brawling in beer-shop, 52, 109

Breach: of contract by lessee, 48, 42, 44 of promise of marriage, 57, 159, 124

Bribery punished, 321

Bride-price: and marriage-portion, 55, 138, 57, 159, 123 _sq._, 129 and trousseau, 129 assessed at one mina of silver as price of divorce, 55, 139, 125 assessed at one-third mina of silver if plebeian, 55, 140 deducted from marriage-portion, 57, 166, 124 given back to barren wife when divorced, 55, 138 its ceremonial presentation, 124, 128 its principle considered, 123, 124, 125, 128, 130 negotiations regarding the payment, 125, 126, 128 reserved from father’s estate for minor son, 57, 166, 127, 130 retained by bride’s father, 57, 159 returned double, 57, 160, 161, 124

Bronze lancet, for surgical operations, 63, 215, 218, 220

Builder, his duties and responsibilities, 63, 228, 64, 229 _sq._

Burglary, with death penalty, 44, 6, 46, 21

Burial vault in a house, 245

Burning as penalty: man and mother in incest, 56, 157 thief in the same fire, 46, 25

Buyer must discharge duties of subject, 48, 40

Buying and selling, general law of, 44, 7, 45, 9-12

Calling to account: for intromissions, 52, 108-116, 53, 124 for neglect, 48, 42 in divorce case, 55, 141 in nursing, 61, 194 in prosecution, 66, 265

Canals: used in trading, 284, 285, 319, 320, 321 digging, 383, 24

Cappadocian tablets, 29

Captives: by enemy for ransom, 47, 32 in war, 54, 133, 135 question as to marriage relations, 54, 133, 135

Caravans, their place in trading, 282, 283

Carrier’s responsibilities, 52, 112 fivefold restitution, 52, 112

Cataract, operations for, 63, 215, 218, 220

Chedorlaomer, supposed reference to, 316, 318

Children. _See_ Inheritance: age of at majority, 149 betrothed, remained in the father’s house, 149 born of supposed widow remain with second husband, 54, 135 commonly educated, 153 could be preferred by father, 57, 165, 148 daughters under the father’s disposing, 148 dedicated to temple, 224 legitimate and illegitimate, 134 may receive bequest from their mother, 56, 150 of different mothers share equally in their father’s estate, 58, 167 of different mothers share equally in their own mother’s estate, 58, 167 of divorced mothers, their legal rights, 54, 137 of second wife take one-third of the property, 71 of slave and free-woman provided for, 59, 175, 176 of wife and maid may share equally, 58, 170 of wife or those of the maid made free, 58, 171 punishment of unfilial conduct in, 61, 195, 149 sacrifice of by fire, 233 schools for and education of, 152, 153 sold into slavery, 178 status of, in the inheritance, 58, 170, 171 their childhood and early life considered, 151-153 their obligations and rights, 148 _sq._, their relation to paternal rights, 52, 117, 148 under the mother at their father’s death, 149, 150

Chronology: Assyria, 397, 398 “of the king,” 25 system of the tablets, 23 tables of, 396-398

Coin. _See_ Loans: current, 253

Collision of boats, law of, 64, 240

Commerce, how controlled by the State, 324

Commission, trade on, 51, 100-105. _See_ Agent, Merchant

Compensation: as granted by the court, 99 for eviction of tenant, 50, Y for highway robbery, 46, 23 of official, 76

Composition: for bride-price, 55, 139 for loss of life, 52, 116

Comrade: breaks off a marriage by calumny, 57, 161, 124 shall not marry the girl, 57, 161, 124

Concubine: divorced, free to marry, 54, 137, 135 had marriage-portion, 134 her daughter, dowered by deed, shall not share in father’s estate, 60, 183, 135 her daughter, if not dowered, shall be presented with marriage-portion, 60, 184 if a mother and divorced, her legal rights, 54, 137, 135 if a mother, cannot be sold, 55, 146, 135 if childless, may be sold, 55, 147, 135 may receive a slave-mark, 55, 146, 135 must not rival wife, 55, 145, 135 not equal in status to votary, 55, 144-147, 135 restrictions on her marriage, 55, 144-147

Concubinage as a system, 134, 135

Conjugal rights, denial of, 55, 142, 142 denial of, counted equal to desertion, 142 liable to judicial inquiry, 142

Contracts, old, their present value, xii _sq._

Corn: cultivated and paid in rent, 48, 49 given on loan, 253 tithed to the temple, 208 under charge of the bailiff, 48, 49, 49, 52 with sesame, 48, 49, 49, 50-52

Corporate liability, 46, 23, 47, 32

Corvée. _See_ Militia

Cow in milk, on hire, 65, 243

Courts of law: cases before, 87 form of procedure, 83 _sq._, 87 _sq._ nature and action, 80 _sq._ penalties from, 95 settlements out of, 87, 111

Creditor. _See_ Merchant, Debtor: cannot take property without owner’s leave, 52, 113 in marital responsibilities, 56, 151, 152 may not pay himself without debtor’s consent, 52, 113 may sell pledged slave, 53, 118 must restore all illegally taken, 52, 113; and forfeits his claim, 52, 113 punishable for cruel treatment of hostage, 52, 116 responsible for fair treatment of hostage, 52, 115

Criminal law, 116-118

Crop: in pledge for debt, 48, 48 its duties, 49, 49-52 kinds cultivated, 48, 44, 46, 48, 49, 49, 50, 51, 52

Cultivation: duties and rent, 48, 42 _sq._ of field described, 48, 43, 44

Custody of child in mother, 46, 29

Cutting down trees, assessment of damage, one-half mina of silver, 50, 59

Damage to crops: by cutting down trees, one-half mina of silver per tree, 50, 59 by flood assessed at average crop, 49, 55; assessed at 10 GUR of corn for each GAN of land, 49, 56 by sheep assessed at 20 GUR of corn for each GAN of land, 49, 57; assessed at 60 GUR of corn for each GAN of land, 49, 58

Damages due. _See_ Fines: for flooding from open dike wall, 49, 53, 54, 55, 56 for illegal eviction, 50 not a fine, 91 to deceased’s relatives, one mina of silver, 46, 24

Death: of defendant, 45, 12 of housebreaker, 46, 21

Death penalty: by burning, 56, 157, 97 by drowning of a woman, 56, 155, 97, 143 by strangling, 56, 155 considered as an ancient custom, 96 for adultery, 54, 133, 142 for alleged purchase of lost property, 45, 10 for allowing seditious meetings in beer-shop, 52, 109 for appropriation of lost property, 45, 9 for buying from minor or slave, 44, 7 for conniving at her husband’s murder, impaling, 56, 152 for dereliction of official duty, 46, 26, 47, 33 for employing a substitute in official duty, 46, 26, 47, 33 for harboring fugitive slaves, 5, 16; to default the forced labor, 45, 16 for highway robbery, 46, 22 for housebreaking, 46, 21 for kidnapping a child, 45, 14 for oppressing subordinates, 47, 34 for perjury, 44, 3 for procuring desertion of slaves, 45, 15 for rape of betrothed maiden, 54, 130 for receiving stolen goods, 44, 6 for repudiating her husband, 141, 143 for retaining captured slave, 46, 19 for sacrilegious theft, 44, 6 for slander and stirring up strife, 45, 11 for theft and unable to pay, 44, 8 for theft at a fire, 46, 25 for undutifulness and slander, drowning, 55, 143, 143 for witchcraft, 44, 1 on adulterers, 54, 129 on builder for bad work, 64, 229 on builder’s son, 64, 230 on votary frequenting beer-shop, 52, 110

Debt: abatement for damages by storm, deluge, or drought, 48, 48 creditor to have no call for year’s interest, 48, 48 debtor’s obligation not lessened, 49, 52 laws of Mancipium, 52, 115-117, 53, 118, 119 question of ante-nuptial, 56, 151 property held as security for, 263. _See_ Pledges

Debtor: how secured against illegal process, 52, 113; illegal distraint, 52, 114 may pay in kind, 51, Z

Debts: of husband and wife, mutual obligations, 56, 152 question of pre-nuptial, 56, 151

Decision of judge in lawsuit, 91, 92

Decisions, legal, considered, 100 _sq._

Dedication: of land to temple, 223, 224; to secure divine favor, 223, 224

Deed. _See_ Bond: of gift, with bond, 72, E settlement on wife, 132 with the gifts, 222 _sq._

Defamation of comrade, 57, 161

Deferred payment of debt, 48, 48

Degradation from judgeship, 44, 5

Deification of river Euphrates, 44, 2 the sacred river, 44, 2

Deposit: how recoverable, 53, 123 from minor or slave, how made legal, 44, 7 made in temple for safety and banking, 211 _sq._

Desertion: by wife, 54, 133 by husband, who returned to claim the property, 102, 144 involuntary, of wife by husband, 54, 133, 143 of adoptive parents, 61, 193 of city and wife, 54, 136

Detention of slave, penalty death, 46, 19

Diary of a journey, 380

Dike: burst and meadow was flooded, 49, 53 to be cared for, 199

Disinheritance: by adoptive parents, 157, 160, 167; done before the judge, 58, 168, 157, 160 by due legal process, 58, 168, 149, 167 carried out before a judge, 167 of adopted child, not complete, 167 of adoptive parents, 61, 192, 193, 150, 159 of mother by her son, 149 of son by his father, 42, III, 149, 167 of son by his mother, 42, IV, 149, 150 of son laid before a judge for inquiry, 58, 168, 167 of son-in-law, 57, 159 repudiation and reduction to the condition of slave, 166, 39

Distraint. _See_ Mancipium: death of person in, 52, 115, 116 fine for illegal, one-third mina of silver, 52, 114; of working ox, fine one-third mina of silver, 64, 241 illegal on warehoused goods, 53, 120 security against illegal, 52, 114

District or city: for ransom of official, 47, 32 liable for highway robbery, 46, 23

Divorce: as regulated by the Code, 141 custody of the children to the wife, 141 easiest form of, 55, 138, 143 easy for the man, difficult for the woman, 141 grounds of, 141 laws of, 54, 137, 55, 138 legal ceremony, 134 man must give wife or concubine a maintenance, 141 might marry again, 141 of concubine, 54, 137; of votary, 54, 137 price of divorce, 55, 139, 142 protection of the wife’s rights, 140, 141 retains right to her marriage-portion, 141 shares with her children in deceased husband’s estate, 141 wife can only divorce by lawsuit, 143 wife takes her bride-price and marriage-portion, 55, 188, 141; if no bride-price, one mina of silver, 55, 139, 141; from plebeian one-third mina, 55, 140

Doctor. _See_ Surgeon, Veterinary: fees for curing, 63, 215-221 paid by assailant, 62, 206 penalties, 63, 218-220 privileges and responsibilities, 63, 215-221

Donations and bequests: as alienation of property, 218 _sq._ in Assyria, 222 in second Babylonian Empire, 222 to temple a free gift, 223 to the chief priest of the temple, 223

Dowry. _See_ Marriage-portion

Drowning. _See_ Death Penalty: as a penalty, considered, 97, 117, 143 as penalty for selling drink too cheap, 52, 108 for desertion of husband, 54, 133 for repudiating her husband, 143 penalty for adultery, 54, 133 penalty for incest, 56, 155 penalty on undutiful and slanderous wife, 55, 143

Duplicate: of court decision, 87 of tablet, 79

Ear cut off as penalty, 62, 205

Education in ancient Babylonia, 151-153 interpretation of signs on the monuments, 165 phrase-books, 151, 152, 153 schools, 152 slaves were apprenticed, 152 writing and use of word-phrases, 152

Elam, Elamites, troubles of, 360 _sq._

Elamite contracts, 30

Elders as assessors to the judges, 80 _sq._

Endowment of temples by kings, 195, 208 _sq._

Entailed. _See_ Family: family property, 122, 184 land, 184

Equals, assault on, 62, 200, 203, 204

Esarhaddon, King of Assyria: his long absences, 371 inquiries about oracles, 379 letter from, 360 sequence in his family, 366, 375, 376 son of Sennacherib, 108, 369

Estates, great, plans of, 249

Evicted: purchaser reimbursed, 45, 9 tenant reimbursed, 50, Y

Exchange of benefice illegal, 48, 41

Expulsion of judge for altering judgment, 44, 5

Eye torn out, 61, 193 fee for cure of, ten shekels of silver, 63, 215 in diseased state, 63, 215 knocked out by assailant, 62, 196 loss of eye assessed at half value of slave, 63, 220 operated on with bronze lancet, 63, 215

False judgment: claims for money or goods, 51, 106, 107, 53, 126 penalty for, 44, 5 witness, 44, 3, 4

Family: alienation of property restricted by its rights, 219 attachment to ancestors, 120, 132 descendants of artisans, 120 in guilds of trade, 121 property entailed, 122 registration by father or master of the house, 128 registration of birth, marriage, and death, 128 relations of, centred in marriage, 119 _sq._ registration of descent of, 121, 128, 132

Family life, responsibilities of, to the community, 122

Family laws, Sumerian, 9

Farm. _See_ Lease: conditions of tenancy, 276 fields rented, 276 house rented, 275 rental variable, 275 taken on shares, 276

Fatal assaults, 62, 207, 208, 210, 214

Father. _See_ Children, Wife: disinheriting a son, 58, 168, 169 giving dowry to a daughter, votary of Marduk, 59, 60 rights, duties, and responsibilities of, 148 _sq._

Father-in-law: and son-in-law not to quarrel over the marriage-portion, 72, E if guilty of incest, 56, 155, 156 responsibilities of, to intended son-in-law, 57, 159-161

Fees, to surgeon: for limb or bowels cured, five shekels of silver, 63, 221 for same on plebeian, three shekels of silver, 63, 222 for same on slave, two shekels of silver, 63, 223 for serious operation on cataract, ten shekels of silver, 63, 215 for same on plebeian, five shekels of silver, 63, 216 for same on man’s slave, two shekels of silver, 63, 217 for storage of corn, 53, 120, 121 to builder, two shekels of silver for each SAR built on, 63, 228 to builder of boat, sixty GUR per man, two shekels of silver, 64, 234 to veterinary, for curing ox or ass, one-sixth shekel of silver, 63, 224

Field. _See_ Land: in relation to real property, 189

Fines imposed for: assault on patrician, one mina of silver, 62, 204 assault on plebeian, ten shekels of silver, 62, 203 assault on pregnant free-woman, miscarried, ten shekels, 62, 209 assault on pregnant plebeian woman, miscarried, five shekels, 62, 211 assault on pregnant slave, miscarried, two shekels, 62, 213 defrauding, 60 GUR of corn for each GAN, 65, 255 fatal assault by mischance, one-half mina of silver, 62, 207 fatal assault on plebeian, one-third mina of silver, 62, 208 fatal assault on plebeian, pregnant, 62, 212 fatal assault on pregnant slave, one-third mina of silver, 62, 214 illegal distraint, one-third mina of silver, 52, 114 imposing distraint on working ox, one-third mina of silver, 64, 241 not guarding against viciousness of bull, one-half mina of silver, 65, 251; if slave killed, one-third mina of silver, 65, 252 patrician’s servant’s eye or limb, half his value, 62, 199 plebeian’s eye or limb, one mina of silver, 62, 198 plebeian’s tooth, one-third mina of silver, 62, 201 seducing son’s betrothed, one-half mina of silver, 56, 156 theft of _shadduf_, or a plough, three shekels of silver, 66, 260 theft of watering machine, five shekels of silver, 66, 259

Fire, theft at, its penalty, 46, 25

Fishing rights, how regulated, 328

Floods, flooding, by rain, 48, 45, 48

Food-stuffs: accounts of, 301 request for, 336

Forced labor. _See_ Militia

Forfeitures: ancient custom in law courts, 95 for excessive cruelty, 52, 116 for illegal seizure, 52, 113 for illegalities, 47, 35, 37, 59, 177 for neglect, 65, 255, 256

Foster-mother: her duties and liabilities, 61, 194 penalty, 61, 194

Freedom to: betrothed, after seduction, 56, 156 brander, if deceived, 63, 227 concubine, after bringing up her children, 54, 137 hostage for debt, in fourth year, 52, 117 widow, if persecuted by her children, 58, 172

Freemen made slaves, 177, 178

Fugitive slave, 45, 16, 46, 17 or plebeian, 45, 16

Garden plot. _See_ Land, Sales: in relation to real property, 189 leasing and working, 50, 60-65 sold as stocked, 247, 248 stock, vegetables, 247, 248

_Gens_, its relation to the family, 120. _See_ Family

Gifts: as conditioned, 219 as duly executed, signed, and sealed, 219 as pin-money to a wife, 221 as restricted, 219 by father to daughter, 220 dedication to temple as free gift, 223 to friends and relatives open to suspicion, 223

God: a party in every case in court, 90 has struck ox to death, 65, 249 oaths by, 186, 187 his temple the first centre of civilization, 186

Goring by ox, 65, 250, 251

Gouging out eye, 62, 196, 198 as penalty, 62, 196

Governor, prefect: duties and responsibilities, 47, 33 _sq._ liable to the death penalty, 47, 33 may not alienate or appropriate public property, 47, 33 _sq._

Granary or barn, safe against creditor, 52, 113

Guarantees. _See_ Pledges: against defects in slave, 269; suits at law, 270; theft, 269 joint responsibility, 269 regarding slaves, 174 _sq._ _See_ Slavery securities for debt, 268 security for appearance, as of witness, 268, 269 value of securities, 270

Guilds: of trade, 121 rival, 121

Guilty knowledge by buyer of stolen goods, 45, 10

Ḥammurabi: as an administrator, 317 brought back the goddesses, 319, 320 building enterprises, 318 care for temple revenues, 317 cares for canals, 320, 321 Code of laws, 44-67; its bibliography, 6 _sq._; its value, 4, 5; its condition, 6; history of its text, 5 decides about taxes, 323, 324 epilogue to the Code, 389, 392 letters of, summarized, 316 _sq._; belong to the first dynasty of Babylon, 316; their importance, 316 _sq._ ordering the calendar, 317 private property, 318 prologue to the Code, 389, 390 punishes bribery, 321 redresses wrong, 321 supervises justice, 318

Hand of God, loss by, 48, 45, 46, 48

Hands cut off as penalty: for branding slave without leave, 63, 226; careless operation of surgeon, 63, 218; striking father, 61, 195

Harboring fugitive slave, 45, 16

Heirs, their reversionary rights, 221

Highway robbery, 46, 22-24 city or district responsible, 46, 22-24 penalty, 46, 22 redress for, 46, 23, 2

Hire. _See_ Labor, Wages: by king’s standard, 49, 51 of boat, 3 ŠE of silver _per diem_, 67, 275; fast boat, 2-1/2 ŠE of silver _per diem_, 67, 276; freight-boat of 60 GUR, 67, 277 of slave, adjustment of wages, 271 of slave, 271 wages or hire fixed for: artisan, 5 ŠE of silver _per diem_, 67, 274 ass for threshing, 10 ḲA of corn _per diem_, 66, 269 boatman, 6 GUR of corn _per annum_, 64, 239 builder, (?) ŠE of silver _per diem_, 67, 274 carpenter, 4 ŠE of silver _per diem_, 67, 274 field laborer, 8 GUR of corn _per annum_, 65, 257 herdsman or shepherd, 8 GUR of corn _per annum_, 66, 261 laborer, first five months, 6 ŠE of silver _per diem_, 66, 273 laborer, last seven months, 5 ŠE of silver _per diem_, 66, 273 milch cow, 3 GUR of corn _per annum_, 65, 243 ox herd, 6 GUR of corn _per annum_, 65, 258 ox for threshing, 20 ḲA of corn _per diem_, 66, 268 oxen, wagon, and driver, 160 ḲA of corn _per diem_, 66, 271 potter, 5 ŠE of silver _per diem_, 67, 274 ropemaker, 4 ŠE of silver _per diem_, 67, 274 slave, 10 ḲA of corn _per diem_, 42, VII stone-cutter, (?) ŠE of silver _per diem_, 67, 274 tailor, 5 ŠE of silver _per diem_, 67, 274 wages and time limit, 272, 273 wagon alone, 40 ḲA of corn _per diem_, 272 working ox, 4 GUR of corn _per annum_, 65, 242 young animal for threshing, 1 ḲA of corn _per diem_, 66, 270

Hiring, risks in: bull, known to be vicious, kills freeman, one-half mina of silver, 62, 251 bull, known to be vicious, kills slave, one-third mina of silver, 62, 252 bull, mad and gores, the owner free, 65, 250 ox, broken horn or torn muzzle or tail cut off, quarter the value of ox, 65, 248 ox, cut or broken leg, ox for ox, 65, 246 ox, died from the elements, on affidavit man is free, 65, 249 ox gored to death or killed by blows, ox for ox, 65, 245 ox, loses an eye, half the value of ox, 65, 247 ox or ass killed by lion in open field, owner’s risk, 65, 244 slave killed, one-third mina of silver, 65, 252

Hostage for debt. _See_ Mancipium

Housebreaking, its penalties, 44, 6, 46, 21, 53, 125

Houses: block of, in Nineveh, 245 bought as area of land, 187, 188 burial vault in, 245 contracts for building, 240 cost, 246 deed of sale, 241 description for sale, 240 in relation to land, 188 plans of, and description, 239 price, 243 side buildings, 246 size, 246 various parts of, 244

Hypothecation, law of, 48, 49

Identification of lost property, 45, 9

Ignorance, plea of, 62, 206, 63, 227

Illegal purchase and its penalty, 47, 35, 37

Impaling: as a penalty considered, 97 death penalty to wife for conniving at her husband’s murder, 56, 153

Incest: crime of, 56, 154-158 of man and daughter, 56, 156 penalty, man banished the city, 56, 156 of man and daughter-in-law, 56, 155, 156 penalty, man strangled and woman drowned, 56, 155 of man and his mother, 56, 157 penalty, both burnt, 56, 157 of man and step-mother, 56, 158 penalty, to be cut off from his father’s house, 56, 158 of man and woman betrothed to his son, 56, 156 penalty, half mina of silver and marriage-portion, 56, 156

Inheritance. _See_ Marriage: implied in adoption, 157, 160 of sons by second marriage, 71, D rights of, considered, 161 _sq._ succession by law of descent, 121

Interest: by the king’s standard, 49, 51 calculated by the merchant, 51, 100 on bond to creditor, 48, 48, 255 on temporary loan, 251, 255 on use of corn, 256 postponed for a year, 48, 48 relations between interest and profit, 265

Iron, mention of, 302

Judge: acts on marriage-portions, 72, E, G duties and liabilities, 44, 5, 45, 9, 13, 53, 127, 59, 177, 72, 73, 80 _sq._, 102 _sq._ his position in ancient Babylonia, 80 _sq._ how the case was submitted, 88 inquires in interest of children of first marriage, 59, 177 list of sentences and decisions by, 102 name of officials in Assyrian times, 106 to witness branding, 53, 127

Judgment, false. _See_ False: by default, 45, 13 not to be altered, 44, 5

Kidnapping, 45, 14