Chapter 33

King: could impress laborers, 205 endowed temples, 195, 208 _sq._ gave loans, 258; often before harvest, or at seed-time, 258 granted privileges, 195 had power of life, 54, 129 his power over lands, 192; limited, 192; limited by rights of private property, 192, 193 made large land grants, 193, 194 power to pardon, 330 presents made between kings, 131 probably wrote, 308

King’s standard of money, 49, 51

Kudur, Governor of Erech, letters of, 356, 357, 358, 359

Labor, forced. _See_ Militia: free, in demand, 269 guaranteed, 272 in competition, 269 time hired, 269

Lancet. _See_ Bronze

Land: as a field, 189 as garden, 189 ancestral domain, claimed, 187 boundary stones, 191 dedication to a temple, 223 different from personal property, 184 _sq._ different kinds of real property, 187 entailed property, 184 great estates, 249; their plans, 249 hired or let on shares, 197 how described for identification, 237 in relation to houses, 188 its individuality, 190, 191 king’s power over, 192 landmarks, 191 leases, 198 loans on, 197 obligations of many kinds, 205 ownership of cultivated, 185 primitive tenure, 185 sale of, 187 _sq._, 227 _sq._ settled hamlet, temple, etc., 186 sold subject to its dues, 187 systems of measurement, 189 by the yield, 190 tenure in Babylonia, 114, 184 _sq._ terms applied to, 188, 189 the Metayer system, 65, 253-256, 196 the purchaser, how protected, 228 under manorial obligations, 199 village, 185

Landlord. _See_ Metayer, Temple: loans to tenants, 211 risks, 48, 46

Landmarks, inviolable, not to be encroached upon, 191

Lease, tenancy, tenant, farm: abatements for losses by flood, etc., 48 allowances, 277 damages incurred, 48, 42 _sq._ different forms of, 198; fixed rent, 198; improving lease, 198, 277 duties and responsibilities of, 48, 42 _sq._ field to cultivate, 48, 42, 43 garden on five-year lease, 50, 60 land on three-year lease, 48, 44 life, rare, 278 not invalidated by neglect to cultivate, 49, 52; but damages to be given, 50, 63 of property generally, 275 _sq._; farm-house, 275; rental variable, 275 questions of rent and adjustments, 49, 50-52, 277 rights as between money-lender and owner of farm, 48, 49 rent due at harvest-time, 48, 47, 49 risks are the farmer’s, 48, 45 as between owner and tenant, 48, 46 stipulations, 277 subletting, 48, 47 tenant cannot be evicted, or can have damages, 50, Y

Leather, accounts of, 301

Legal: decisions, 100 _sq._; defects in slaves, 171; difficult to classify, 101 legal procedure in Babylon illustrated, 108 _sq._

Letters and letter-writing in Babylonia, 307 _sq._ about Elam and southern Babylonia, 360-364 Assyrian, 312 business, and orders, 382 _sq._ Cappadocian, 312 classification of, 314 colloquial phrasing, 308, 309 difference in deciphering, 309 elliptical phrases, 309 form of letter, baked clay, 307 its envelope, 307 its date, 307 from the last year of Shamash-shum-ukin, 347-352 _q.v._ historical value of, 314 love-letter, 336 methods of securing privacy, 307 miscellaneous Assyrian, 365-381 of Abêshu’, 328 of Ammi-ditana, 328 of Ammi-zadûga, 329 of first Babylonian dynasty, 310 of Ḥammurabi, _q.v._ of Samsu-iluna, 327 _q.v._ of Sin-iddinam, 316, 329 of subsequent period, 311 of Tell el Amarna, 311 of the second Babylonian Empire, 382-385 old Babylonian, 336 other letters, 330 postal system for, 309 private, 308 private, of first Babylonian dynasty, 331 _sq._ regarding affairs in southern Babylonia, 353-359 royal, 315 Sennacherib to his father Sargon, 338-346 _q.v._ style of address, 308 translations of, 313 variations of formula in, 308

Levy-master, warrant-officer, tributary. _See_ Militia: brands an escaped slave, 176 his duty and privilege, 46, 26-29, 47, 30-39

Lion, destruction by, 65, 244, 66, 266

Litigation not encouraged, 95

Loans. _See_ Metayer, Trading: by merchants and agents, 281 _sq._ for payment of taxes, 252 from the temple, 252 giving pledges as security, 262, 263 in series of advances, 234 made by the king, 258 of corn, 253, 258, 259 of current coin, 253 of material or property, 256 of oil, 257 of other produce, 253, 259 of property on approval, 256 of wine, 257 of working material, 255 on exchange, 255 on land, 197. _See_ Land on pledges named, 264. _See_ Pledges on promissory notes, 251 on usual interest, 255 _sq._ on vineyard of slaves, 264 receipts for, 295 receipts for repayment of, 259 records of, 253 temporary, at harvest-time, 251 value of preserved bonds, 250 _sq._

Local liability for: compensation for highway robbery, 46, 23, 24, 115 redemption of captive official, 47, 32

Loss: by God’s hand, 65, 249, 66, 266 by housebreaking or rebellion, 53, 125 of claim in court, 98 or no claim allowed, 99 of crop, shared by landlord, 48, 45 of flock or herd, 63, 226 of hired animals, 65, 245, 249 of interest, 48, 48

Lost property: pretence of losing, how punished, 53, 126 recovery by owner, 45, 9 sale by finder equals theft, 45, 9

Lying in claiming goods, 45, 9-13

Magistrate, city or district governor, is liable for crime within the bounds, 46, 23, 24

Maid. _See_ Slave: given by votary to husband to have children, 55, 144 her children free, 58, 171; how made equal to wife’s, 58, 170 may be sold if childless, 55, 146 not to be sold if a mother, 55, 146 not to rival her mistress, 55, 146 penalty, to receive the slave-mark, 55, 146

Maintenance: of concubine and divorced wife, 54, 137 of wife secured, 54, 133-135

Mancipium, hostage to work off debt: difference in free born or slave, 52, 116 in natural death, 52, 115 in violent death, 52, 116 slave may be sold by creditor, 53, 118 redeemed by debtor, 53, 119 but not if mother of creditor’s children, 53, 119 wife, son, or daughter free in fourth year, 52, 117

Manslaughter: by blow in quarrel, 62, 207, 208 of hostage, 52, 116 penalty, if a slave, one-third mina of silver, 52, 116

Manufacturing partnership, 292

Marduk: at Babylon, 78 had votaries at Babylon, 60, 182 oath by, 92, 165 of Eridu, 133

Marking. _See_ Branding: other than slaves, 177 slaves, 176

Marriage: bride given away usually by the father, 126; sometimes by the mother or brother, 126, 127; or by agnates, 127 ceremony, 132, 133 fatherless girls in, 137 home and home-going, 133 monogamy and polygamy, 134 not quite free to man or woman, 127 of king’s daughter, 137 of second wife in the time of the first wife, 56, 148 of two sisters to one man, 138, 139 preliminaries, 128 presents and payments, 130-132 registration, 128 rôle of contracting parties, 126 the bond of the family organization, 119 _sq._ unhappy, and its results, 142 votaries, 137 wife required father-in-law’s consent, 128 with attached conditions, 140 husband to maintain mother-in-law, 140 dower his wife if he sends her away, 140 wife to be thrown from a pillar if she leaves him, 140

Marriage conditions. _See_ Children, Marriage, Share, Widow, Wife: at a definite place, “wedding-house,” 128 in ancient Babylonia, 119 _sq._ presents to the parents of the bride, 128 questions owing to unfaithfulness, 54-56 having concubines and maids, 54, 137, 55, 138 _sq._ registration, 128 suitor rejected through slander, 57, 161 there must be marriage contract, 54, 128, 119

Marriage contract. _See_ Bond: ceremonies, 132 _sq._ preliminaries, 123 _sq._

Marriage-portion. _See_ Bride-price, Marriage: accompanies widow to a second husband, 73, H, 127 belongs to her and all her children, 73, H, 130 belongs to the children only, 57, 162, 130, 134 by “deed of gift,” as pin-money, 132 good against husband’s heirs, 132 but forfeited by second marriage, 132 childless widow takes it from the estate, 72, G could not be reclaimed as against children, 130 doubt in case of free wife of slave, 50, 175 father cannot reclaim against children, 57, 162, 130 in lands, oxen, furniture, etc., 131 its nature, 129, 130 its relation to the bride-price, 71, C lawsuit about, 132 less bride-price, if not repaid to husband, 57, 164, 124 nature of, 130 of concubine, 134 presented to concubine’s daughter, 60, 184 receipts for the payment of, 131 returned to injured wife, 55, 142 invalid wife, 56, 149 returned to the wife’s father’s house, 72, F, 122, 124 returned to wife’s father, if no children, 57, 163, 124 separate estate, 55, 138, 142, 56, 149, 156, 57, 162, 163, 59, 174-176, 61, 184, 72, 73, 122, 127 _sq._, 219 settlement of, by bride’s father, 71, C, 219 shall be adjudged an equivalent, 72, G shared by children of both marriages, 58, 173, 71; or by children of first only, 58, 174 taken by widow to second husband, 59, 172, 127 trousseau, 129 when not paid through inability, 72, E, 131 not to be cause of quarrel, 72, E, 131 when paid in full, 131

Marriages in ancient Babylonia, 114 _sq._, 123 _sq._

Master, rights and duties, 59, 175, 176, 63, 217, 223

Measure: of land by area, 189, 249 by the average yield, 190 of timber or stone, 380

Merchant, agent, money-lender, 79 acting by caravans, 282 bound to receive payment in kind, 51, Z business with agents, 51, 100-107 capital out on speculation, 281, 283 has crop assigned for debt, 50, X has to be reimbursed for ransoming official, 47, 32 his position in ancient Babylonia, 79 trading, 281 _sq._ his relation to business agent, 281 _sq._ in a distant transaction, 334, 335 in different relations of business, 48, 49, 49, 50-52, 52, 116-119, 56, 151, 50, X, 51, Z in purchasing foreign slaves, 67, 281 legal memoranda for security, 282 must keep accurate accounts, 51, 100 sharing in the farm with owner, 48, 49, 49, 50, 51 using canals, 284

Metayer. _See_ Land: employed by the temples, 211 form of tenancy, 65, 253-256, 196, 197

Metrology, contributions to, 380

Micheau stone, 131

Militia, statute-labor, corvée. _See_ Slavery: classes subject to, 202, 326 considered as a system, 201 _sq._ duty and privilege of its officers, 46, 26-29, 47, 30-39, 48, 40-41, 205 forced service, 45, 16, 200, 201 _sq._ illegal impressment, 325 in the army, 203, 204 service in weaving establishments, 203 some cities were exempted, 202 supplied from slavery, 173, 175, 203

Minor: as incapable, with slave, 44, 7 rights reserved, 161

Miscarriage. _See_ Assault, Fine: aggravation in assault, 62, 209, 211, 213

Money. _See_ Hire, Fines: as earnest to close the bargain, 230 current coin, 253 deferred payments of, 235 letter requesting, 383 precautions in giving and receiving, 51, 105 said to belong to a god, 256

Monogamy. _See_ Marriage: in early days, 134

Mortgages: entire pledging, 266 related to pledges, 265. _See_ Pledges second, debarred, 265 second mortgage secured, 267

Mother: in charge of son’s education, 46, 29 incest with, 56, 157 power over children, 148-150

Mutilations, by order of judge, 97

Nabonidus, his place in chronology, 181

Nebuchadrezzar: his chronology, 181, 230, 291 his exploits, 194

Names: clan, from office in the temple, 214 Semitic, 279 show slave’s origin or nationality, 178 significant, 176, 177, 178

Notary, his fee for writing out a bond, 231

Nurse, her duties and responsibilities, 61, 194, 153, 155

Oath. _See_ Affidavit, Bond: about foreign slave, 67, 281 as to death of ox, 65, 249 deposit, 53, 120 depreciation, 53, 126 estimate of goods on lost boat, 64, 240 as to loss, 53, 120 by brander, that he was misled, 63, 227 disclaiming evil intention, 62, 206, 207 for confirmation of sale, 233 for purgation, taken by agent, 51, 102, 103, 106; taken by principal, 51, 107; taken by owner of corn, 53, 120 how administered, 92 its purport and where taken, 93, 94 on loss by lightning or lion, 66, 266 to clear from charge of adultery, 54, 131

Octroi duties, 206

Official. _See_ Bailiff: cannot give his benefice in exchange, 48, 40, 41 compensation of official, 76 duties and responsibilities, 46, 26, 27, 47, 30-39, 76 _sq._ duty and position considered, 76 _sq._ has his own private rights, 47, 39 holds lands by royal charter, 322 if captured on the king’s business, 47, 32 to be ransomed, 47, 32 how the ransom is to be paid, 47, 32 liable to death penalty, 46, 26 may resume use of the benefice, 46, 27 not to appropriate or alienate public property, 47, 33-38 not to be hired out, plundered, or oppressed, 47, 35 not to depute duty, 46, 26 on enforced absence, 46, 27 one year allowed, 47, 30 penalty for neglect, 47, 30, 31 provision for son in absence, 46, 29 rights as against substitutes, 46, 26-29 service of, 77 son may be deputy, 46, 28 the benefice or feoff, 76 three years’ limit, 47, 30

Old age provision: by adoption, 155, 158, 160 by son, 224

Omens and predictions, letter illustrative of, 365 _sq._

Ordeal by water: considered as a legal custom, 96, 97 for witchcraft, 44, 2 nature of, 44, 2, 54, 132, 97 to purge from slander, 54, 132

Owner’s risk in hiring. _See_ Hire: horse killed, at God’s hand, 65, 249 loss by lightning or lion, on herdsman’s oath, 66, 266 ox or ass, killed in open field, 65, 244

Palace: its relation to the priesthood, 211 _sq._ place for archives, 322 title for the royal state authority, 61, 187, 192, 193

Partnership: a manufacturing, 292 dissolution of, 288, 291 its earliest appearance, 287 its evidence in Assyrian literature, 290 later Babylonian, 290, 291 its ideogram, 287-289 its relation to capital, 288 old commercial custom, 290 partnership documents, 288 _sq._ powers of attorney, for protection, 292 reckonings, 291

Patrician, highest class in the state, 74 _sq._

Penalties: as demanded for wrong-doing, 96 blood vengeance commuted, 116 for adultery, 117, 118 for perjury in courts of law, 94, 95 imprisoned and bailed out, 117 in courts of law, 94 to prevent failure in contract, 233 woman thrown from a pillar, 140

Penalty due for. _See_ Retaliation, Fines: adultery by a wife, strangling, 54, 129 adultery, drowning, 54, 133 death of hostage slave, one-third of a mina of silver, 52, 116 fatal assault on pregnant woman, death of his daughter, 62, 209 imprudent speech, tongue cut out, 61, 192, 150 incest, mother and son burnt, 56, 157 incest, banished the city, 56, 156 incest, half mina of silver and the marriage-portion, 56, 156 incest, strangling, 56, 155 incest, the man cut off from his father’s house, 56, 158 incest, woman drowned, 56, 155 on brander for branding without leave, hands cut off, 63, 226; if deceived, accused is free, 63, 227 son for striking father, hands cut off, 61, 194 slave for striking freeman’s privates, ear cut off, 62, 205 veterinary, for loss of ox or ass, one-fourth of its value, 63, 225 wet-nurse for neglect, breasts cut off, 61, 194 permanent injury in a quarrel, pay the doctor, 62, 206 rape of betrothed, death, 54, 130 slander, forehead branded, 52, 127 striking a superior’s privates, 60 blows of ox-hide scourge, 62, 202 undutifulness and slander, 55, 143 unnatural conduct, eyes torn out, 61, 193, 150 unsuccessful operation by surgeon, hands cut off, 63, 218; same on slave, slave for slave, 63, 219; loss of slave’s eye, half his value, 63, 220

Perjury: in capital trial, has death penalty, 44, 3 in civil case, gives damages, 44, 4, 45, 13, 94

Phrase-books: Babylonian, 8 their plan, 8, 9

Pillar, thrown from, a penalty, 140

Pin-money, gift to a wife, 132, 221

Plaintiff, his position in a case, 88, 89

Plebeian, poor man, between patrician and slave: abduction of slave from, 45, 15 assault by, 62, 204, 208 cheaper divorce, 55, 140 fees paid by, 62, 208, 63, 222 harboring fugitive slave, 45, 16 slave-owner, 45, 15, 59, 175, 176 theft from, 45, 8 value of eye or limb, one mina of silver, 62, 198 value of tooth, one-third mina of silver, 62, 201

Pledges and guarantees. _See_ Loans, Mortgages: an after-pledge, 266, 267 antichretic pledges, 262, 263, 264, 265 complications, 265-268 information meagre, 262 loan on vineyard and of slaves, 264 on service of a maid, 264 on the borrower’s service, 264 mortgages, 265 on land to secure a loan, 263 property in satisfaction of debt, 262, 263 the subject held as security, 262, x, xi their relation to the interest, 263 value of the pledge, 265 creditor’s responsibility toward it, 265

Polygamy. _See_ Concubinage, Marriage, Monogamy: in Assyrian times, 134 clear evidence of, among serfs and slaves, 134 distinguished from bigamy, 134

Pregnant woman. _See_ Assault, Fine

Price of drink, how regulated, 52, 108, 111

Priest: artificer, 213 his relation to the king, 211, 212 honors paid to the priesthood, 211, 212 public position and duties, 212, 213 slave, 214 steward, 213 warden, 213

Prisoner: pleads for liberty, 331 recaptured slave pleads, 330

Private property, its rights, 192, 193

Produce rent: as agreed upon, 48, 46 of field, on shares, 48, 41-46 of garden, on shares, 50, 64

Promissory notes on loans, 251

Property: alienation of its rights, 218 _sq._, 227 _sq._ alienation by sales. _See_ Sales consent of heirs to its disposal, 221 devolution of, by gifts, bequests, 222 _sq._ importance of studying its alienation, 218, 227 method of describing, for identification, 237 methods of identifying on sale, 228 protection of purchaser from fraud, 228, 235 sales, conditions, payments, 235

Proprietary rights in temple income, 215

Public: forced labor, 45, 16. _See_ Militia obligations, 204

Ransom, of captive official, 47, 32 by himself, 47, 32 by the State, 47, 32 from temple treasury, 47, 32 not from his benefice, 47, 32

Rape of betrothed maiden, 54, 130

Rebellion, loss by, 53, 125

Receipt, sealed document: as taken by agent and depositor, 53, 124, 125, 61, 204, 260, 261 for a fine, 259 for deposits rare, 260, 261 for loan, 295 for repayment of loan, 259

Receiving of stolen goods, death penalty, 44, 6

Records of business transactions, 253. _See_ Bond

Recovery: by power of attorney, 79 of lost property, 45, 9, 10, 53, 124, 125

Redemption. _See_ Mancipium: of maid, held for debt, 53, 119

Refusal: by slave to name his owner, 46, 18 of conjugal rights, 55, 142

Registration: by the master of the house, 128 guarantee of ancestry, 128 of birth, marriage, and death, 128

Remarriage: marriage-portion goes to the children, 59, 173, 174 of divorced woman, 55, 141 of widow, 59, 173

Remission of penalty, 54, 129

Rent: average, made payable, 48, 42, 43, 49, 55, 50, 62, 65 five ḲA of corn on each GUR of corn, 53, 121 for storage of corn, 53, 121 of garden plot, 50, 60, 61, 62 of unbroken land, on three-year lease, 48, 44 on garden plot, ten GUR of corn for each GAN of land, 50, 63 paid at harvest-time, 48, 47 payments in kind, 48, 47, 49 ten GUR of corn for each GAN of land, 48, 44 wrought on shares, 50, 64, 65

Repatriation of slave, 67, 280, 281

Repudiation: of adoptive parents, 61, 192 of father by son, 41, I of husband by wife, 42, V, 138, 142 of mother by son, 41, II of wife by husband, 42, VI, 138, 142

Responsibility in service: of employer, 42, VII of tenant farmer, and neglect punished, 65, 253-256

Restitution, compensation, damages, reimbursement: accident, builder gives slave for slave, 64, 231 boatman must restore the weak boat, 64, 235; must restore the lost boat, 64, 236; must restore boat and cargo, 64, 237 builder must rebuild, 64, 232 builder of unkeyed wall must rebuild, 64, 233 considered as an ancient custom, 98 death in highway robbery, one mina of silver to relatives, 46, 24 depreciation of property, make it good from the corn hoed, 65, 254 diminishing ox or sheep, give up to the agreements, 66, 264 embezzlement of goods, sheep or ox, tenfold return, 66, 265 fatal operation on slave, slave for slave, 63, 219 fivefold by carrier for goods lost, stolen, or appropriated, 45, 12, 52, 112 loss made good, if herdsman at fault, 66, 267 loss of goods, goods for goods, 64, 231 owner of boat in collision responsible for boat and cargo, 64, 240 ox gored, ox for ox, 65, 246 ox injured seriously, ox for ox, 65, 246 ox or ass lost, restore ox or ass, 66, 263 _shadduf_, or plough, three shekels of silver, 66, 260 simple, 44, 4, 5, 8, 45, 9, 10, 12 sixfold for overcharging agent, 51, 107 tenfold for theft by poor man, 44, 8 thirtyfold for theft by patrician, 44, 8 threefold for cheating principal, 51, 106 twelvefold for false sentence by judge, 44, 5 twofold for goods in store, 53, 120, 124, 126 twofold for pretence of losing goods, 53, 126 watering machine stolen, five shekels of silver to owner, 66, 259

Retaliation. _See_ Penalties: dishonesty in stewardship, hands cut off, 65, 253 eye for eye, 62, 196 for defrauding, torn to pieces on that field by the oxen, 65, 256 if builder’s son dies, builder’s son is put to death, 64, 230 if slave is killed, builder gives slave for slave, 64, 231 its principles in Babylonia, 74, 98 limb for limb, 62, 197 slave for repudiating master, ear cut off, 67, 282 tooth for tooth, 62, 200

Return of slave purchased: for defect, 67, 279 within one month for _bennu_ disease, 67, 278

Reward for slave capture, 46, 17

Riparian responsibilities, 49, 53-56, 114, 199, 321

Risks: farmer’s, 48, 45, 46 owner’s. _See_ Owner tenant’s, 48, 45 warehouseman’s, 53, 125

Roads, their maintenance, 286

Robbery, highway, 46, 22, 23

Runnel for watering, 49, 55

Sacred river, for ordeal, 44, 2, 54, 132

Sacrifices: shared in by the temple, 210 sometimes sold for cash, 210

Sacrilegious theft from temple, 44, 6, 8

Sale: of crop for debt, 49, 51 of man and goods to pay debt, 49, 53, 54

Sales: agent in, 243 alienation of property, 227 all interests safeguarded in the deed, 232 deferred payments, 235 formal preliminaries, 227 fraud in, 235 gardens, 246, 247, 248 stocked, 247, 248 granaries, 246 occasional use of oath in, 233 of fields in first Babylonian dynasty, 248 in Assyrian times, 248 of houses, 240 _sq._ _See_ Houses penalties for failure, 233 records at early date, 236 registration of, in temple archives, 227 retention till payment, 225 returned on failure to pay, 235 rights of purchaser, 234 transaction of the business, 227 _sq._ unimproved land, 246

Samsu-iluna: care for deity, 327 temple dues, 327 his canal dug, 24 letters of, summarized, 327 _sq._ few in number, 327 their subject, 327 regulates fishing rights, 328 writes on business, 328

Sargon, King of Babylon: his date fixed, 202, 396 letters to, from Sennacherib, his son, 338 _sq._

Scandal, met by ordeal, 54, 132

Scourge of ox-hide, 62, 202

Scourging: as a penalty, sixty blows, 63, 202 considered as an ancient custom, 97

Scribe: male and female, 84 not a priest or judge, 84, 85 often a woman, 151 the profession, 83, 151

Seal. _See_ Bond

Seditious meetings not allowed in beer-shops, 52, 109

Seduction: of betrothed daughter-in-law, 54, 130, 56, 155, 132, 134 of slave from service, 45, 15

Sennacherib: father of Esarhaddon, 108, 369 letters to his father, Sargon, 338 _sq._ argument for identification of writer, 338, 339 relating to Armenia, 338 their value for reconstructing history, 339