Chapter 34

Separation: husband deserted home and wife, 55, 142 wife deserted home, belittled husband, etc., 55, 141

Serfs, _glebae adscripti_, 172, 202 different from slaves, 172, 203 disappearance, 173 hereditary condition, 173, 202

Sesame: crop with corn, 48, 49, 49, 50-52, 208 receipts for, 208

Settlement: for children of second wife, 71, D mutual deeds in, 71, C given by fathers of bride and bride-groom, 71, C of pin-money, 132 on wife by “deed of gift,” 132 on wife by husband, 56, 150, 132 on widow, 58, 171, 172 by widow on children, 58, 171 out of court, 87

_Shadduf_ stolen, fine three shekels of silver, 66, 260

Shalmaneser IV., 202

Shamash-shum-ukîn: contemporary events, 360 _sq._, 368 letters illustrating his reign, 347 _sq._ , 353 _sq._ son of Esarhaddon, 366

Share. _See_ Bond, Inheritance: belonging to votary or vowed woman, 60, 179-182 between brothers, cases of, 161-165 children of first and second husband share equally in marriage-portion, 59, 173 of first share it all, if no second family, 59, 174 children of maid, if acknowledged by father, share with children of wife, 58, 170; but children of wife take precedence, 58, 170 children of two marriages, 73, K dividing of father’s estate, 161 _sq._ division at father’s death, 58, 167; mother’s death, 58, 167 divorced wife has a child’s part, 54, 137 farmed, leased on shares, 48, 41-46, 270 form of land tenancy, 197 of deceased father’s estate to eldest son, 57, 165 of sacrifices by temple, 210 sometimes sold for cash, 210 reversionary interest to brothers, 60, 178 sons of second wife, 91, D widow on remarriage, 73, H with reservation, gift to favorite, 57, 165 wife’s marriage present, 56, 150 bride-price for unmarried son, 57, 166 portion for votary sister, 59, 178

Sheep: damage done by, 49, 57, 58 manner of grazing them, 49, 58 sheep-shearing, 300

Shepherd, duties and responsibilities of, 66, 262-267

Shipping: boats hired, 285 its value in trading, 284, 285

Sin-iddinam, letters of, 316, 329

Skins, account of, 301

Slander: against votary or unmarried woman, 53, 127 in capital suit, 44, 3 not to be profitable, 57, 161 of title to property, 45, 11 of wife, to be purged by ordeal, 54, 132 seditious, 52, 109

Slave, one of the three estates, domestic, inferior. _See_ Slavery: a chattel, property, 168 apprenticed, 152, 181 as an institution, 168 _sq._ assaults freeman, 62, 205 Assyrian usages regarding, 171 _sq._ authorities upon the system and facts, 168, 169; its history, 169 bad wife reduced to, 55, 141 been gored by a vicious ox, 65, 252 branding or tattooing, 176 child of slave, 203 children to the master, may succeed equally with wife’s children, 58, 170; or only obtain their freedom, 58, 171 condemned to forced labor, 45, 16 cure of, master pays bill, 63, 217, 219, 223 different from the serfs, 172 diseases of, bennu, 170 evidence not good against a free man, 179 fees paid for teaching apprentice, 182 foreign born, 178 foreign slaves, 67, 281 free child made slave as a provision for life, 173 fugitive, harboring, 45, 16 guarantees in sale, 174 _sq._ had much freedom, but bound, 168 had private property, 178, 179 hired laborer, 271. _See_ Hire, Wages her children, how legitimatized, 58, 171, 135 his children free, 59, 175 his obligations to the state, 205 his tablet or name-plate, 177 his widow takes her marriage-portion and half their goods, 59, 175, 135 or at least half the goods for her children, 59, 176 history of one traced, 180 how estimated in Babylonia, 74 _sq._ if child-bearing, maid could not be sold, 135 in _bennu_ disease, returned on seller, 67, 280 intermarriage and inheritance, 136 laws of capture, 46, 17-20 legal defects, 171 letter on runaway slaves, 330 manumission of slaves, 67, 280 married, 136, 203 marries free woman, 59, 175, 136 master’s maid and fruitful, cannot be sold, 53, 119 master apprenticed slave, 182 means of identification, 176, 177 names significant, 177, 178 not free to make bargain, 44, 7 not to rival her mistress, 135 on different footing with concubine, 135 price of, 182 punished, for repudiating his master, by loss of ear, 67, 282 recaptured runaway forfeit to the state, 330 relative proportion in the population, 182 responsibility of seller of, 70 reward for capture and restoration, 46, 17 right to his family and property, 172, 178, 179 rights of, 168 rights and obligations of owners, 46, 17-20 runaway, question of return, 181 sale of, 170 security against defects in, 269 seduction from service, penal, 45, 15 skilled artisan, 173, 181, 182 status, complex, 168, 169, 180, 181 supplied the militia, 173 value estimated, 179, 180 value of female slave’s children, 70 widow has one son’s share of estate, 58, 172 free at her master’s death, 135

Slavery: advantages of, 172, 173 branding, tattooing, 176, 177 children sold into, 178 discussed, relating to Babylonia, 168 _sq._ guarantees against rebellion, 174 flight, 174 untimely death, 175 unexpected claims, 175 over-exaction in the public service, 175 redemption as men of family, 175 illegal enslavement, 176 means of indicating, 176, 177 modes of entering into, 178 recruited from freemen, 172, 175, 177, 178 relative proportion to the population, 182 sales, 174 significant names in, 177, 178 supplied the army, 173, 203 the militia, corvée, or levy for forced labor, 173

Soldiers: a public obligation, 204 might pay substitutes, 204 their place in the state, 201, 202 their relations to the forced labor, 202, 203 their system, 202

Son: by adoption, 61, 185 _sq._, 154 _sq._ disinheritance of, to be inquired into by judge, 58, 168, 169; allowed or disallowed by judge, 58, 168, 169 first crime against father pardoned, 58, 169 his wife abused by his father, 56, 155, 156 must have father’s consent to marry, 127, 149 of the royal favorite, royal household, or votary, 61, 187, 192, 193 must be prudent of speech, 61, 192, 193 under penalty, 61, 192, 194 penalty for striking father, hands cut off, 61, 195, 149 privileges as father’s substitute, 46, 28, 29 receives deed of gift from father, 57, 165 also his share in estate, 57, 165 rights given by adoption. _See_ Adoption young son, unmarried, to be provided for, 57, 166

State: composed of three classes, 74 having other grades, 76 _sq._

Steward: accounts from, 302 temple officer, 213

Stolen goods, retention of equals theft, 45, 10

Strangling, penalty of, 56, 155

Striking. _See_ Assault, Fines: of father by son, 61, 195, 149

Suitor: his relation to bride’s parents, 123 rejected, his rights, 57, 160 rejected through calumny by comrade, 57, 161 refuses to marry, 57, 159

Suits of many kinds, 102-107

Suits at law: damages for loss and breach of trust, 107 deposit, 106 family dispute, 104 forged will, 106 for income, 102, 103, 104 gift, 103 house, 104 inheritance, 103, 106 land, 104 legacy, 106 loss of hired ass, 106 over adoption, 106 partnership, 102 property, 102, 103, 104 rent, 106 theft of a bull, 107 theft of four slaves, 107 title to garden, 105 vexatious persecution, 104, 107

Summons to appear in court, 53, 127

Surgeon: operations and fees, 63, 215, 223. _See_ Fees penalties for unsuccessful operations, 63, 218-220

Sworn depositions. _See_ Oath: for lost property, 45, 9, 46, 23, 53, 120 for lost money, 51, 102, 103 for quarrel and striking, 62, 206 on cost of boat and cargo, 64, 240 on gored ox, 65, 249

Tablet: an irrevocable witness, 92 bibliography, 13 as classified, 13 _sq._ broken, breaking a contract, 91 Cappadocian, 29 contract, its real character, 10 duplicate of, 69, A its form, 10, 11 on loan, its modern value, 250 value for chronology, 250, 251 peculiarity of, on corn loan, 258 present location, 18 sealed, 69, A, 127, 151 served as name-plate, 177 shows the same handwriting throughout, 151 signed by the seal, 151

Tattooing and branding escaped slave, 176

Taxes: loaning money to pay, 252 question of ancient, 115 their collection, 323, 324, 325

Tell el Amarna letters, 14, 311

Temple: a business institution, 211 a place of deposit and traffic, 211 a trading institution, 211, 212, 216, 217 as landowner, 209 centre of civilization, 186, 208 _sq._ clan names from office in, 214 dedication of children to, 224; of land to, 223; to secure divine favor, 224 endowed by kings, 195, 196 endowments, 215 had large dues, 208, 209, 210 hereditary rights in, 214 its archives for registers, 227 its importance in the state, 208 _sq._ its relation to ethics, divination, magic, 212, 213 its relation to the palace, 212, 216 its relation to the state, 216 its rights and influences, 186, 193 its slaves were as serfs, 173 its staff and influence, 211, 212 its tithe, 205, 206 its treasuries and storehouses, 211 kings made enforced loans from, 216 large landowner, 173, 193, 208 _sq._ lending money, 252 loans from, 216 negotiable rights in, 215 officials as witnesses, 86 officials in, 212, 213, 214 origin of the dues, 208, 209 property protected, 44, 6, 8 proprietary rights in income, 215, 216 right to income, 216 shared in the sacrifices, 210 testamentary devolution of property, 224, 225, 226 treasury used for ransom, 47, 32 value of its archives, ix

Tenant. _See_ Lease, Land, Farm: defrauding owner, 65, 255 torn to pieces on the field by the oxen, 65, 256 fixed rent, 198 form of holding, and amenities, 65, 253 forms of tenancy, 184 _sq._ , 196 _sq._ his duties and responsibilities, 198 _sq._ improving lease, 198 on shares, 197 redress from, 65, 254 risks, 48, 45-47

Theft: first order, from temple or house, 44, 6 from deposit, 53, 120 from fire, 46, 25 made good by banker, 53, 125 penalties, 44, 7, 8, 46, 25 recovered from thief, 53, 125 second order, 44, 8 securities against, 269 under Metayer, 65, 253-256

Tithe: evidence needed, xi how paid, 206 to the temple, 205, 206

Title-deed destroyed for illegal purchase, 47, 37

Tongue cut out as penalty, 61, 192, 150

Trading, trade: between capital and labor, 281 its laws, 281 _sq._ money out on speculation, 51, 102, 103, 281 _sq._ relations in, by principal and agent, 51, 100-107, 281 _sq._

Trespass, law of, 49, 54, 55

Trousseau, bride’s, 129

Trust, deposit, storage. _See_ Carrier: care in depositing valuables, 53, 122-126 corn put in store, and amount disputed, 53, 120

Valuables: claim is contested, 53, 123-126 deposited before witnesses, 53, 122-124 on deposit, care of, 53, 122-126

Values: difference of free-born and slave as hostage, 52, 116 sixty ḲA of _sakani_ beer for fifty ḲA of corn, 52, 111

Veterinary surgeon: his duties and responsibilities, 63, 224-226 penalty for unsuccessful operation, 63, 225

Vicarious punishments, 98

Village lands and tenure in Babylonia, 185, 186

Votaries: their position, 73, 74 succession of, 159

Votary: a mother and divorced, her legal rights, 54, 137 her children’s legal rights, 54, 137 belonging to convent, 52, 110 devoted by mother, 137 donation from father, 219 dowered as for marriage, 59, 178, 130, 219 expected to keep her virginity, 137 free to leave her portion, if allowed by father’s deed, 60, 178, 179, 220; otherwise, brothers assume the estate and manage it, 60, 178; or, if not content, she can farm it out, 60, 178; but cannot alienate it from her brothers, 60, 178 frequenting beer-shop, 52, 110 has dowry by deed of free gift from her father, 60, 179, 220 if dedicated to Marduk of Babylon, and not portioned, shall have one-third of child’s share, 60, 182 if not given a portion, is entitled to one-third of child’s share, 60, 181 leaves property as she pleases, 60, 182, 158 liable to death penalty, 52, 110 low in rank, 137 marriage with, 55, 144, 137 may give maid to her husband, 55, 144; but husband may not marry a concubine, 55, 144; or the concubine will not equal the votary, 55, 145 may sell a barren concubine, 55, 147 must leave share to her brothers, 60, 181 not to be beer-seller, 52, 110 not to be slandered, 53, 127 relation to adopted son, 158 rights in gift made by, 220 shall not admit the concubine to an equality, 55, 146 shall pay no taxes, 60, 182 son of, shall not be reclaimed from adoption, 61, 187

Wages. _See_ Hire, Labor: advances made in lieu of, 273 average, estimated, 271 liable to adjustment, 271 living included, 272 often paid in produce, 272

Warden, temple officer, 213

Warehousing: claims contested, 53, 124, 125 fee or rent, five ḲA of corn for each GUR of corn, 53, 121 precautions in depositing valuables, 53, 122, 123 responsibilities, 53, 120-126

Weaving: accounts of, 300 establishments, 203

Weights and measures, tables of, 398

Widow: cannot legally sell anything, 59, 177, 145, 147 children of second wife, their rights, 71 children’s inheritance, 58, 167-172, 71 could not marry and desert children in minority, 146 without consent of law court, 146 free to marry the man of her choice, 146 gift, made by deed, her own, 58, 171, 105 has, as a portion, one son’s share, 58, 172 has right to remain in husband’s house, 58, 172, 145 her conduct and character inquired into, 58, 172, 145 her rights, 145-147 marriage-portion her own, 58, 171, 172, 145 may leave, and be married again, 59, 172 can only take her marriage-portion, 58, 171, 172, 59, 172, 145, 146 children of both marriages share equally in the marriage-portion, 59, 173, 174, 145, 146; or, if only one family, 59, 174, 146 may marry again, but children’s interests conserved, 59, 177, 145, 146 must give bonds as trustee with second husband, 59, 177, 146 gives inventory of property and obligation to preserve the property, 59, 177, 146

Wife: as trustee of children of first marriage, 59, 177 bad, may be prosecuted, 55, 141 divorced without compensation, 55, 141, 141 _sq._ reduced to the status of slave, 55, 141 betrothal and marriage ceremony, 132 character of good, 55, 142 childless, her marriage-portion returns to her father’s house, 72, F children of second wife take one-third of property, 71, D conniving at her husband’s murder, impaled, 56, 153 consent of father-in-law, 128 deceased, her marriage-portion is the children’s, 57, 162 degraded to the condition of slave, 142 denies conjugal rights, its complications, 55, 142, 142; may take her marriage-portion and return to her father, 55, 142, 142 deserted by husband, free to marry, 54, 136, 143 desertion by husband, involuntary, 143; by husband, voluntary, 144 divorced, her legal rights, if a mother, 54, 137, 142 if not a mother, 55, 138, 142 dowry and marriage-portion, 128, 129, 130, 131 falsely accused, and cleared by oath, 54 financial responsibilities between husband and wife, 56, 151, 152; question as to ante-nuptial, 56, 151 first home and home-going, 133 her marriage registered, 128 her pin-money, 132 her rights, if sent away, 140, 142 her trousseau, 129 if childless, it returns to her father’s house, 57, 163 husband has no claim to it, 57, 163 bride-price to be deducted from the marriage-portion, 57, 163 in monogamy and polygamy, 134 invalid cannot be put away, 56, 148, 142; or divorced, 56, 148, 142; but may claim her marriage-portion and go to her father, 56, 149, 142 laws and conditions of divorce, 141 _sq._ _See_ Divorce marriage performed at “wedding-house,” 128 may be saved by husband from death penalty, 54, 129 may be a votary, 55, 144-146, 137 may claim separation on account of cruelty, 55, 142, 142 may sell a childless concubine, 55, 147, 135 must have marriage contract, 54, 128 not to be slandered, 53, 127 of captive and not maintained, 54, 134, 143 marries another, and returns to first, 54, 135, 143, 144; children remain with their father, 54, 135, 143 penalty for adultery, strangling, 54, 129 results to a bad wife, 142 retains legal power over marriage deed of gift, 56, 150 may leave it to her child, but not to her kindred, 56, 150 rights if a widow, once or twice, 58, 171, 172, 59, 173, 174; and of her children, 59, 172-174 second, different kinds of, 134 second, when allowed, 55, 137, 56, 138-141, 57, 148 shares of two wives and their families, 58, 167 slandered, cleared by ordeal, 54, 132 sold into slavery, 178 son’s wife, rude to mother-in-law, may be branded and sold, 140 undutiful and slanderous, may be drowned, 55, 143, 142 widow and childless, takes marriage-portion from the estate, 72, G takes any marriage gift, 72, G and it shall be adjudged an equivalent, 72, G widow, on remarriage, takes her marriage-portion, 73, H is succeeded in her marriage-portion by children of both marriages, 73, H takes her marriage gifts, 73, H

Witchcraft: and ordeal, 44, 2 laws against, 44, 1, 2

Witness: examined on oath, 86 false, in civil suit, pays the expenses, 44, 3 for deposits, 53, 122, 123, 124, 125 must know the lost property, 45, 9 perhaps attached to law court, 81, 85 production of, 111 required for legal purchase, 44, 7, 45, 9 suffers death for perjury, 44, 3 the position considered, 85 time extended for production of, 45, 13 to a bond or deed, 229 to sign or seal, 151

Wool: different kinds of, 299, 300 memoranda regarding, 299

Wounds: cured by surgeon, 63, 215-218 by veterinary surgeon, 63, 224 in quarrel, 62, 206, 207, 63, 218

Writing, Babylonian and Assyrian, 151

FOOTNOTES

1 A. D. D., iii., p. 83.

2 A. D. D., vi., 218.

3 A. B. R., iii., pp. 24 ff.

4 A. B. R., iv., pp. 21 ff.

5 A. B. R., iv., pp. 41 ff.

M1 Character of the available material

6 Pages 147-62.

M2 Division of subject M3 Laws and contracts M4 Letters M5 Chronologically treated M6 The Code of Ḥammurabi

7 Cf. Appendix.

M7 Later copies

8 B. A. S., III., pp. 473-523.

9 Jurisprudentiæ, pp. 5-35.

10 B. A. S., IV., pp. 78-87.

M8 Bibliography of this Code

11 T. and T. Clark, Edinburgh.

M9 Mosaic parallels M10 The legal phrase-books

12 Z. A., VII., p. 16 ff.

M11 Their plan M12 Sumerian family laws

13 Page 115 of Delitzsch’s edition.

14 Dr. B. Meissner has made excellent use of them in his _Altbabylonische Privatrecht_.

15 H. W. B., p. 218a.

M13 Legal documents M14 Real character of the contract tablets M15 Their external form M16 How kept M17 The parties possessing copies M18 Scope of legal documents M19 General works on the subject M20 Different epochs represented M21 Local features M22 Characteristics of each group M23 First period: the early Babylonian

16 Such as that published by Professor G. Barton, in the _American Oriental Society’s Journal_, 1902, pp. 19-28.

17 First published by Professor H. V. Hilprecht, in _Old Babylonian Inscriptions_, I., plates vi., vii., viii.; again with additions and corrections by Professor V. Scheil, _Receuil de Travaux_, XXII., p. 29-36.

_ 18 Heft XVI._ of the _Mittheilungen aus den Orientalischen Sammlungen, Berlin, 1901_.

19 Pages vii-xviii and 1-58.

20 From the _E. A. Hoffman Collection of Babylonian Clay Tablets in the General Theological Seminary, New York_.

21 Pages 322-29.

22 IV., pp. 69-86; V., page 3.

23 III., pp. 118-46.

M24 The second period: the First Dynasty of Babylon

24 Parts I., III., V., VII., IX., X.

25 XVIII., p. 73, XIX., pp. 54 ff., Nos. 1, 3, 11, 17, 20, 46, 48, 56, 330.

26 XVII., p. 30, XIX., p. 58, No. 335.

27 XXII., p. 153 f.

M25 Present location of the tablets: London M26 Paris

28 Pl. 41.

M27 Berlin M28 Philadelphia

29 V., pp. 74-76; and VI., pp. 59, 60.

30 J. S., 41, 42, 43, 142, and Kh. 19, 198.

M29 Constantinople M30 Publications

31 Page 589 f.

32 Page 103 f.

M31 The chronological system M32 Key to the order of events in a reign

33 P. S. B. A., 1884, pp. 193-204.

M33 The chronicle of the king

34 P. S. B. A., XXI., pp. 11-17, January, 1899.

35 Pages 338-409.

36 Pages 342-43.

M34 Other kings mentioned

37 B. A. S., IV., pp. 382 ff.

M35 Era of Isin

38 See Lindl, B. A. S., IV., pp. 384-85.

M36 Various historical identifications

39 B1 58, 346. B2 318, 2439a, 2527, V. A. Th. 863.

40 B2 318.

41 B3 380, 2378.

42 B. A. S., IV., p. 363, foot-note.

43 L. H., III., p. 220, note 16.

M37 The third epoch: the Kassite kings

44 Vol. XIX., pp. 56 ff., Nos. 70, 133, 147, 266, 572.

45 Pages 85-89.

46 B. A. S., II., pp. 111-205.

47 III.1, p. 154 f., 164 f.; IV., p. 56 f.

48 The so-called _Caillou de Michaux_ was published I. R. 70, and discussed by Oppert, _Doc. Jur._, pp. 87 ff., and Boissier, _Recherches sur quelques contrats babyloniens_, K. B., IV., pp. 78 ff. A fine charter from the time of Merodach-baladan I. was published IV. R. 38, discussed by Oppert, _Doc. Jur._, pp. 129 ff., and K. B. IV., pp. 60 ff. Another of the same date was published, K. B. IV., pp. 164 ff.

M38 The Cappadocian tablets

49 P. S. B. A., November 1, 1881.

_ 50 Abhand. d. phil. hist. Classes der K. Sachs. Ges. d. Wiss._ 1893, No. IV.

51 Z. A., IX., pp. 62-81.

52 K. B., IV., pp. 50-56.

53 P. S. B. A., XXII., p. 106 f.

M39 The Elamite contracts

54 Pages 169-94.

M40 The fourth epoch: Assyria M41 Aramaic dockets M42 The collections of tablets

55 Deighton, Bell & Co., Cambridge, England.

M43 Their peculiar style

56 Vol. XX., pp. 202 ff.

M44 The plan of arrangement in the volume M45 Contemporary Babylonian documents M46 Fifth epoch: the second Babylonian empire M47 Persian Empire, and later M48 Classification

57 Pages xi-xx.

58 Pages xi-xviii.

M49 Monographs

59 In the _Mitteilungen der Vorderasiatischen Gesellschaft_, 1896, No. 3.

M50 Nature of the oldest Babylonian laws M51 Data hitherto uncertain M52 Evidence that there were very ancient codes M53 Codes antecedent to that of Ḥammurabi M54 Sumerian laws found in the phrase-books M55 Repudiation of father by son M56 Repudiation of mother by son M57 Disinheritance of son by father M58 Disinheritance of son by mother M59 Repudiation of husband by wife M60 Repudiation of wife by husband M61 Responsibility of employer

_ 60 Sumerische Lesestücke_, p. 112.

61 H. W. B., p. 542.