Part 4

Children. _See_ Custody, Mother, Remarriage, Widow. born of wife remarried, uuder impression her husband was dead, stay with second husband, 135. not to dispute mother's settlement, 150. share equally at father's death, 165. reserving settlements by deed, 165. of second marriage to be furnished with bride-price, or portion, 166. of different mothers, share separately own mother's portions, 167. but father's property equally, 167. of bride and maid share equally, if latter acknowledged as sons in father's lifetime, former having preference, 170. otherwise, children of maid do not share, 171. of slave woman and free father are free, 171. of slave man and free mother are free, 175. these take half father's goods at death, 175.

Collision, 241.

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

Compensation, for eviction of tenant, Y. for highway robbery, 23.

Composition, for loss of life, 224. for bride-price, 139.

Concubine, divorced, 137. not allowed, if wife provides maid, 144. allowed, if votary wife has no children, 145. not to rival wife, 145. father may give daughter as, 183. and give marriage portion, 183. if so, she has no share of his goods at his death, 183. otherwise, brothers must give her a portion, 184.

Conjugal rights, denial of, 142.

Conscript. _See_ Militia.

Constable, or bailiff, runner, 36-41. not to depute duty, 26. in enforced absence on royal business, 27. may depute, and resume on return, 27. son may be deputy, 28. provision for child, in absence, 29. neglect of benefice, 30. three years' limit, 30. one year does not forfeit, 31. captured abroad on king's business, 32. to be ransomed, 32. benefice inalienable, 33. benefice protected, 34. not to be hired out, 35. plundered, 35. oppressed, 35. sale of benefice illegal, 35. benefice not to be exchanged, 41.

Contract. _See_ Bond.

Corn land, 62.

Corporate liability, 23, 32.

Corvee. _See_ Militia.

Courtship, 159, 161.

Cow, in milk, hire of, 243.

Creditor. _See also_ Merchant. must not ill treat pledge for debt, 116. must release at end of three years, 117. may sell pledged slave, on removal, 118. may not repay himself from debtor's goods, 113.

Crop, assigned for debt, 51. sold at king's price, 51.

Crown, man's. _See_ Strength.

Cultivation of fields-- operations needful, 43.

Custody of child, in mother, 29.

Cutting down trees-- assessment of damage, half mina of silver per tree, 59.

Damage to crops, by sheep-- assessed at twenty _GUR per GAN_, 57. to ripe crops, at sixty _GUR per GAN_, 58. by flooding field, 56. by cutting down trees, assessed at half mina of silver per tree, 59.

Damages, for breach of contract, 42, 44. for eviction from purchase, 12. for eviction from house, Y.

_Damnum sine injuria_, 115, 118, 123, 250.

Date palm, plantation of, X.

Daughter cannot inherit benefice, 38.

Death penalty, inflicted for-- witchcraft, 1. threatening witnesses, 3. perjury, 3. theft, 4. receiving stolen goods, 4. buying from domestic inferior, 7. taking on deposit from domestic inferior, 7. in default of multiple restitution, for theft of second order, 8. appropriation of lost properly, 9. selling lost property, 10. vexatious claim of property as lost, 11. kidnapping, 14. procuring desertion of slave, 15. harbouring fugitive slave, 18. ,, of defaulting militia, 16. detaining fugitive slave, 18. keeping recaptured slave, 19. housebreaking, 21. highway robbery, 22. theft at fire, 25. allowing seditious brawling in wine shop, 109. rape of betrothed maiden, 130. for ganger, constable, neglecting duty, 26. ,, ,, sending substitutes, 26. causing death of pregnant woman by assault, 210. for getting a slave branded unknown to owner, 227. for building so badly as to cause death of owner, 229. _See also_ Burning, Drowning, Impalement.

Death of defendant, 12.

Debt, abatement for damage by storm, deluge, and drought, 48. not to be repaid from debtor's goods, without his consent, 113. hostages for, 117. to be well treated, 118. released after three years, 117. of man before marriage, not binding on wife, 151. of woman before marriage, not binding on husband, 151. of both after marriage, binding on both, 151.

Debtor's risk, 48. privileged to pay in kind, Z.

Defamation, 161.

Deferred foreclosure, 48.

Degradation from office, 5.

Deification of river Euphrates, 2.

_Delegatus non potest delegare_, 26, 33.

Deposit. _See_ Storage, Trust, Warehouse, 7. not recoverable unless witnessed and sealed for, 123. from domestic inferior, illegal without witnessed contract, 7.

Desertion, by husband, of wife-- involuntary, 133. of city and wife, 136. of adoptive parents, 193.

Detention of fugitive slave punished, 19.

Disinheritance, for incest, 159. of son, 168. not without legal process and for good cause, 168.

Distraint for debt, 114, 115. unjustified, fine one-third mina of silver, each time, 114. death of person taken in, 115, 110. not allowed on warehoused goods, 120. of working ox fined, 241.

District liable, for highway robbery, 23. for ransom of official, 32.

Diverted to, perhaps 'captured in,' Winckler's tr.

Divorce, 137, 138. wife takes her bride-price, 137. or fixed sum, one mina of silver from gentleman, 139. or fixed sum, one-third mina from poor man, 140.

Doctor, privileges and responsibilities, 215-221. fees for cures, 215, 221. causes death, 218-220. paid by assailant, 206.

Domestic inferior. _See_ Minor.

Dowry. _See_ Bride-price.

Drowning, as penalty for-- selling drink too cheap, 109. adultery, 129. bad wife, 143. incest with daughter-in-law, 155. deserting husband's house in his enforced absence, being provided with proper maintenance, 133.

Dyke, 53.

Ear cut off as penalty, 205.

Endowment of office. _See_ Benefice.

Equals, assault of, 200, 203, 206.

Evicted purchaser reimbursed, 9. tenant reimbursed, Y.

Exchange, of benefice illegal, 41.

Exile, penalty for incest, 154.

Eye, torn out as penalty, 193. struck out in assault, 196. disease of, 215. cure of, fee for, ten shekels of silver, 215. loss of eye, assessed at five shekels of silver, 220.

False judgement, penalty for, 5. claims for money or goods, 106, 107, 126. accusation of adultery, 131.

Farm. _See_ Lease.

Fatal assault of gentleman by gentleman, 207. of gentleman by poor man, 208.

Favourite son, may be gifted by father, 165. in his lifetime, 165. by written deed, 165. other children no claim against, 165. takes equal share with them on father's death, 165.

Fees for curing wound, or disease of eye, by surgical operation-- gentleman pays ten shekels of silver, 215. poor man pays five shekels of silver, 216. slave pays two shekels of silver, 216. cure of broken limb or diseased bowel-- gentleman pays five shekels, 221. poor man pays three shekels, 222. slave pays two shekels, 223. cure of bad wound of ox or sheep, one-sixth of shekel, 224. for building house, two shekels _per SAR_, 228. to boatman for navigating boat, two shekels, 234. warehousing goods, one-sixtieth value, 121.

Fines imposed for-- unlawful distraint, one-third mina, 114. seducing daughter-in-law before marriage, half mina, 156. aggravated assault, gentleman on gentleman, one mina, 203. aggravated assault, poor man on poor man, ten shekels, 204. fatal wound in quarrel, gentleman to gentleman, half mina, 207. fatal wound in quarrel, poor man to poor man, third mina, 208. assault on pregnant gentlewoman, causing miscarriage, ten shekels, 209. assault on pregnant poor woman, causing miscarriage, five shekels, 211. assault on pregnant slave, causing miscarriage, two shekels, 213. assault on pregnant poor woman, causing her death, half mina, 212. assault on pregnant slave, causing her death, third mina, 214. causing death of ox or sheep, by careless operation, quarter price, 225. distraint on working ox, one-third mina, 241. mutilation of hired ox, quarter price, 248. letting vicious ox gore a man to death, half mina, 251. stealing corn or plants, on metayer, sixty _GUR_ of corn _per GAN_, 255. letting oxen, taken on metayer, sixty _GUR_ of corn _per GAN_, 255. theft of watering machine, five shekels, 259. theft of water bucket, or plough, (harrow?), three shekels, 260. (_N.B_.--Fines reckoned in silver, 60 shekels to the mina.)

Fires, theft at, 25.

Floods, 45, 46, 48.

Forfeit of price paid in illegal purchase, 35, 37, 177. oxen and field, for neglect to cultivate, 256.

Forfeiture of claim-- by self-help, 113. by cruelty, 116.

Fortress of the king, may be 'defeat of the king,' Winckler's tr.

Foster mother, duties and liabilities, 194.

Freedom, of hostage for debt, after three years, 117. to marry, as she chooses, on part of divorced wife, after bringing up children, 137. daughter-in-law, seduced before marriage, 158. widow, leaving settlement to children, 172.

Free-men sold into slavery, to pay fine, 54.

Fugitive, slave, 16, 17. poor man, 16.

Ganger, associated with constable, _q.v_.

Gentleman, one of three estates, contrasted with poor man and slave, 196, 197, 199, etc.

Gift. _See_ Favourite son.

Goring by ox, 250, 251.

Gouging out eye, 196. penalty, 196, 198.

Governor, duties and liabilities, 23, 33 ff. not to delegate duty, 34. nor accept substitute, 34. not to oppress subordinates, 35.

Granary, 113.

Guilty knowledge, by buyer of stolen goods, 10.

Hand of God, 45, 46, 48.

Hands cut off, penalty for-- striking father, 195. causing death by careless operation on free-man, 218. branding slave, without owner's knowledge, 226.

Harbouring, fugitive slave, 16. militiaman, or conscript, 16.

Herdsmen. _See_ Shepherds.

Highway robbery, 22. _See_ Robbery.

Hire, of land, house, garden. _See_ Lease. scale fixed by king, 44, 51. wages fixed for-- boatman, 6 _GUR_ of corn _per annum_, 239. working ox, 4 ,, ,, 242. cow in milk, (?) 3 ,, ,, 243. reaper 8 ,, ,, 257. thresher 6 ,, ,, 258. herdman, or shepherd, 8 ,, ,, 261. ox, for threshing, 20 _KA_ of corn _per diem_, 268. ass, for threshing, 10 ,, ,, 269. calf, for threshing, 1 _KA_ ,, ,, 270. oxen, wagon, and driver, 180 ,, ,, 271. wagon alone, 40 ,, ,, 272. labourer, first five months, 6 _SE_ silver ,, 273. ,, last seven months, 5 ,, ,, 273. artisan, 5 ,, ,, 274. brickmaker, 5 ,, ,, 274. tailor, 5 ,, ,, 274. stonecutter, 5 (?) ,, ,, 274. milkman, 5 ,, ,, 274. carpenter, 4 ,, ,, 274. a _SA_, 4 ,, ,, 274. boat, 3 ,, ,, 275. passenger boat, 2.5 ,, ,, 276. freight boat of 60 _GUR_, 1/6 shekel ,, 277. (_N.B_.--In corn measure, 1 _GUR_=300 _KA_, worth one shekel of silver, and one shekel=80 _SE_.

Hostage for debt. _See_ Mancipium.

Housebreaking, 21, 125.

Husband. _See_ Re-marriage, Wife, Divorce, Separation.

Hypothecation, of crop, regulated, 49.

Identification of lost property, 9.

Ignorance, plea of, 206, 227.

Illegal purchase, 35, 37.

Impalement, as penalty, 153. for procuring husband's death, 153.

Incest, 154-158. of man and daughter, 154. of man and daughter-in-law, 155, 156. of man and mother, 157. of man and stepmother, 158.

Inheritance. _See_ Share.

Innocent wife, separation from bad husband, 142. _See_ Separation.

Interest on loan, etc., 49, 50, 100, X. abatement, 48.

Intimidation of witnesses, 3.

Jilting, 159.

Judge, duties and liabilities, 5, 9, 127, 167, 168, 172, 177.

Judgement, false. _See_ False. by default, 10.

Kidnapping, 14.

King's standard, 44, 51. _See_ Hire, Scale.

Lancet, bronze, used in surgical operations, 215, 218, 220.

Landlord's risks, 46.

Lease, of house, Y. field to cultivate, 42. ,, to reclaim, three years, 44. ,, to plant as garden, five years, 60. garden to till, 64. terms, not invalidated by neglect, 52. damages for not carrying _out_ terms, 63. _See_ Metayer.

Levy. _See_ Militia.

_Lex talionis_. _See_ Retaliation.

Libel. _See_ Slander.

Lion, referred to, 244, 266.

Local liability for-- compensation for highway robbery, 23, 24. redemption of captive official, 32.

Loss, by burglary or rebellion, 125. of hired animal, by lion, 244. ,, by neglect, 245. ,, by blows, 245. ,, by hand of God, 249. of flock or herd, by hand of God, 266. ,, by lion, 226. of crop, when shared by landlord, 45. of interest. _See_ Abatement.

Lost property, recovery by owner, 9. sale by finder=theft, 9.

Lying, 11, 12.

Magistrate, over township, 23, 24.

Maid, female slave-- given by wife to husband, to bear children, 144. not to rival mistress, 146. if so, reckoned slave again, 146. not sold, if a mother, 146. may be sold, if not, 146. children, acknowledged by husband, in his lifetime, share equally with wife's children, 170. otherwise, free, but not heirs, 171.

Maintenance, of wife in absence, 133-135. of divorced wife, 137. or concubine, 137.

_Malice prepense_ 206.

Malicious abuse of process, 12.

Mancipium, hostage to work off debt-- natural death, 115. done to death, 116. free after three years, if free born, 117. slave, can be sold, by creditor on removal, 118. but not if mother of debtor's children, 119. redeemed by debtor, 119.

Mansion, 'great house.' _See_ Palace.

Manslaughter, of mancipium, 116. if slave, penalty one-third mina of silver, 116. by blow in quarrel, 207, 208.

Marks, on slave. _See_ Branding.

Marriage portion, given by father to bride-- returned on divorce, 137. not to bad wife, 141. returned to injured wife, 142. ,, to invalid wife, who leaves husband, 149. property of wife's children, 162. father of bride cannot reclaim, if she has children of the marriage, 162. returned, if wife dies childless, 163. less bride-price, if not repaid to husband, 164. if wife re-marry, shared by children of both marriages, 173. taken by children of first marriage, if none of second, 174. free wife of slave, takes her marriage portion, if any on his death, for self and children, 175.

Master's right over married slave's property, 175, 176. pays for slave's cure, 217, 223. _See_ Slave.

Merchant, trader, relations with agent, 100-107. official (?), 40. as creditor, money-lender, 40, 49, 116, 118, 119, 152, X, Z. bound to accept goods, for money or corn, Z. pays fivefold for overcharging agent 107. likely to change residence, 118.

Metayer, system of lease, landlord finds seed, implements, working animals, etc. _See_ also Lease, 253.

Militia, or conscript, for _corvee_-- fugitive from, 9. granted to governor, 33.

Minor, status of, 7.

Miscarriage, 209. _See_ Assault, Fine.

Money, not sealed for, cannot enter account, 105. _See_ Hire, Price, Fines.

Mortgage. _See_ Debt.

Mortgagor's power of sale, 118. option to refuse foreclosure, X.

Mother, has custody of children, 29. incest with, 157.

Mutilation, as penalty. _See_ Branding, Ear, Eye, Hands, Breasts, Tongue. of hired ox, 248. either punishment of offending member, or retaliation for mutilation. _See_ Retaliation.

Neglect, to cultivate field leased, 42, 43. to reclaim field leased, 44. to set up dwelling, 47. to strengthen dyke, 53. to plant garden leased, 61-63. to till garden, 65. to build house properly, 232. to cultivate on metayer, 253. to confine vicious ox, 251, 252.

Oath, in legal process. _See_ Sworn Deposition, 9. for purgation, 20, 131, 227, 266. as to loss, 23, 103, 126, 240, 249. as to deposit, 120. as to injury, 206.

Office, duty of official, 40.

Officials, _PA-PA_ and _NU-TUR_-- duties and liabilities, 33, 34. _See_ Governor, Ganger, Constable, Reeve, Bailiff, Runner, Palace, Judge.

Ordeal, by water, nature of, 2. for witchcraft, 2. purgation of slander, 132.

Ox, working, not to be distrained on, 241. ,, hire, 242. furious, 250. vicious, 251.

Palace, equivalent to state, king, gentleman's residence-- property of, 11. ransom by, 32. place of judgement, 109.

Palace official, 'one who stands in the presence'-- child of, may be adopted without demur, 192.

Perjury, 3, 4.

Personal property of official pledged, 39.

Pin-money. _See_ Settlement.

Pledge, of benefice, illegal, 38. personal property allowed, 39. _See_ Debt.

Poor man, separate estate, contrasted with gentleman and slave-- theft from, 8. abduction of slave from, 15. liable to conscription or levy, 16. reduced charges for divorce, 140. owned slave, 15, 175, 176. his eye or limb valued at one mina of silver, 198. his tooth valued at one-third mina of silver, 201. assault by poor man, 204. assault by, 208. fee for cure of wound or eye, 208. fee for cure of limb or bowel, 222.

Pregnant woman. _See_ Assault, Fine.

Prescriptive right to benefice acquired by discharge of office, 30.

Presumption, 7.

Price of drink not to be less than corn, 108. except at harvest time, then five-sixths, 111.

Principal. _See_ Merchant.

Procuration of desertion of slave from master, 15.

Produce rent, 42. of field, one-half or one-third crop, 46. of garden, two-thirds crop, 64.

Ransom, of captive official, 32. by serf, 32. by town, 32. by palace, 32.

Rape, of betrothed maiden, 130.

Rebellion, loss by, 125.

Receipt, sealed written document-- to be taken by agent for goods committed, 104. to be taken by depositor, 124, 125.

Receiving of stolen goods, 10.

Reclaiming lease, 44.

Recovery, of lost property, 9, 10, 126. of deposit, 124, 125.

Redemption of pledge or mancipium, 119. debtor must redeem a maid who has borne him children, 119.

Reeve. _See_ Ganger.

Referees. _See_ Witnesses.

Refusal to name owner, 19. of conjugal rights, 141.

Reimbursement to evicted purchaser, 9.

Re-marriage of divorced woman, 141. of widow, 173. her marriage portion shared equally by children of both marriages, 173. if no children of second marriage, those of first take all, 174.

Remission of penalty, 129.

Rents, usually share of produce, 46, 64. fixed by Code for-- land leased to be reclaimed, three years free, fourth year ten _GUR per GAN_, 44; cf. 63. land leased to plant as garden, four years free, fifth year half- produce, 60; cf. Lev. xix. 25. garden leased to till, two-thirds produce, 64. abatement, if crop destroyed, 45. no abatement if culpable negligence, 52.

Repatriation of slave, 280, 281.

Repudiation of adoptive parents-- by son of votary, or palace official, 192.

_Res perit domino_, 115.

Restitution, compensation, damages, reimbursement-- simple, 9, 10, 12. goods for goods, 232. ox or ass, for same, 245, 246, 263. slave for slave, 219, 231. of deposit, 125. threefold, for cheating principal, 106. fivefold, for goods lost or stolen by carrier, 112; cf. 12. sixfold, for over-charging agent, 107. tenfold, for theft by poor man, 8. ,, for culpable loss by herdsman or shepherd, 265. twelvefold, for false sentence by judge, 5. thirtyfold, for theft by gentleman, 5.

Retaliation, eye for eye, 196. limb for limb, 197. tooth for tooth, 200. son for son, 116, 230. slave for slave, 219, 231. suitor to bear penalty he sought to bring, 4, 13. _See_ Restitutions.

Return, of slave purchased-- permissible within one month, for disease, 278. or other undisclosed defect, 279.

Reward, for capturing fugitive slave, 17.

Risks, landlord's, 45, 46. lessor's, 244. warehouseman's, 125. tenant's, 45.

Robbery, 22, 23.

Runnel, 55.

Runner. _See_ Constable.

Sacrilegious theft-- of first order, 6. of second order, 8.

Sale of, man and property, to pay fine, 54. wife or child, for debt, 117. crops to pay, according to scale, 51.

Scale damages. _See_ King's standard.

Scandal, 132.

Scourging, with cowhide whip, sixty strokes, 202.

Second marriage, 166, 167. _See_ Re-marriage, Widow.

Seduction, of betrothed daughter-in-law, 155. of slave, from service, 15.

Self-help, forbidden, 113.

Separation, of husband and wife-- grounds for, on part of husband-- gone out, deserted home, 142. belittled wife, 142. on part of wife-- set to desert home, 141. quarrelsome, 141. ruinous, 141. belittled husband, 141.

Settlement, or pin-money, estate, or goods settled on wife-- by husband, in lifetime, by written deed, 150. children not to dispute, 150. wife has freedom of testamentary devise, 150. among her children of that marriage, 150. wife may not leave to brothers, 150. widow enjoys for life, if she remains in husband's house, 171. widow bequeaths to children, 171. ,, resigns if she re-marries, 172. compare gift to favourite child.

Share, of father's property, on his death-- equally by all children, 165. divorced wife, as one child, 137. with reservation apart, of gift to favourite, 165. ,, ,, of wife's settlement, 150. ,, ,, bride-price for unmarried son, 166. ,, ,, portion for votary sister, 178. of mother's marriage portion, on her death, 167. all her children equally, 167. children of second wife share own mother's portion, 167. children of both mothers share equally in father's property, 167. children of maid, if acknowledged, share equally with children of wife, latter taking precedence, 170.

Shepherds, duties and liabilities of, 262-267.

Slander, against votary or married woman, 127. of wife, 132. of suitor, 161. judiciary, against referees, 3. of title, 11. liability for, passively transmitted, 12. seditious, 109.

Slave, one of three estates, domestic inferior-- not free to contract except by deed and bond, 6. seduction from service, penal, 15. fugitive, harbouring, 16. ,, capturing, 17. ,, retaining, 19. ,, refuses to name owner, 18. ,, re-escape of captured, 20. subject to levy, 16. marries free woman, 175. children free, 175. woman marries master, bears sons, not to be sold, 119. cure of, paid for by master, 218, 223. his eye or limb, valued at half-price, 199. assault on free-man by slave, 205. gored by ox, 251. of poor man, 219. captured and repatriated, 280. freed, if native, 281. rebellious, repudiates master, 282.

Speculation in crops, futures, discouraged, 49, 50, X.

Spell, magical. _See_ Witchcraft.

Stay of case, for production of witnesses, 13.

Stolen goods, guilty purchase of=theft, 10.

Storage. _See_ Warehouse, Deposit.

Strength of a man, crown of the head (?), genitalia-- penalty for wounding the, of-- superior, 202. equal, 203. poor man, 204. free-man by slave, 205.

Striking or wounding. _See_ Assaults. of father by son, 195.

Sub-letting, not to be objected to, 47.

Subornation, of perjury, 4.

Summons to appear before judge, 127. _See_ Calling to account.

Superior, assault of, 202.

Surgeon. _See_ Doctor.

Sworn deposition, 9, 23, 103, 120, 126, 206, 240, 249.

Tablet, broken, annulment of contract, 37. wetted, to rewrite date, 48.

Temple, property protected, 6, 8. bound to ransom captive, 32.

Tenant's risks, 45.