Index
Reading edition
Superior Roman numerals refer to sections of the early Babylonian laws, superior arabic numerals to the laws of the Code of Ḥammurabi, and superior capitals to the later Assyrian or Babylonian laws.
Abatements:
for loss of crop, 48, 45, 46
for loss of interest, 48, 48
Abêshu', letters of, 328
Accidental loss:
by drought, etc., payment postponed, 48, 48
by storm or rain falls on tenant, 48, 45
shared by tenant and owner if rent unpaid, 48, 46
Accounts and business documents:
account books, 295
acknowledgment of advances, 302
amounts of food-stuffs, 301
Assyrian lists, 298
conditions of service with flock and herds, 296
herdsman's, 297
its obscurity, 297, 298
iron articles, mention of, 302
leather, 301
receipts for loans, 295
records of measurements, 296
repairs and expenses, 296
sheep-shearing, 300
skins, 301
steward's accounts, 302
weaving, 300
wool, memoranda regarding, 299
Adjournment of case:
not to exceed six months, 45, 13
to call witnesses, 45, 13
Adoption:
adoption implied inheritance, 157, 160
brought responsibilities to both parties, 155
by craftsman, who has taught him his handicraft, 61, 188, 189;
he cannot be redeemed, 61, 188;
but redeemable if not taught, 61, 189
by deed signed and sealed, 155
by wealthy persons, 160
consent of others in the family, 156
duties of adopted children, 158, 159
such as service, 159
form of adoption, 157
frequency and reasons for, 154
if disinherited, he receives one-third of son's share before leaving, 61, 191
but not field, garden, or house, 61, 191
method of procedure, 155
of child of unknown parents, 61, 186
who shall return to parents when known, 61, 186
of royal favorite, or courtier, or votary, 61, 187;
who shall not be reclaimed, 61, 187
of natural son, 61, 185
precautions against suits, 159
punishment of adopted children, 160
pure and simple, 156
repudiation and disinheritance, 157 sq.
repudiation by adopted son punished, 61, 192 sq.
rights of adoption to be accepted, 61, 190
system considered, 154 sq.
Adultery:
charges of, 54, 129, 131, 132
of wife of captive excused, 54, 134
penalties for, 117, 118
penalty, strangling, 54, 129
drowning, 54, 133
Advocate or pleader, 88
Affidavit as to cause of death, 65, 249
Agent. See Merchant:
disputing with principal, 51, 106, 107
his power of attorney, 44, 7, 292
his relations with the principal, 51, 100-107
if loses or unsuccessful, or robbed, repays capital, 51, 101-103
must give strict account of intromissions, 51, 104
must have power of attorney, 69
must keep accounts, 51, 100
of money received, 51, 100
of interest due, 51, 100
must receive sealed acknowledgment, 51, 104
pays threefold for misappropriation, 51, 106
relation to the merchant, 281 sq.
Agnates, their power, 137
Agriculture, its form, duties, and risks, 48 sq.
Alienation:
by assignments, 218
by business transfer, 218
by donations and bequests, 218 sq.
by gifts to votary, daughter, wife, 220, 221
consent of legal heirs, 221
of property, 218 sq.
of public property forbidden, 47, 33 sq.
restricted by family rights, 219
[pg 406]
Allowances:
to divorced wife, 54, 137
usufruct to bring up the children, 54, 137
Alteration of bond by post-dating, 48, 48
Ammi-ditana, letters of, 328
Ammi-zadûga, letters of, 329
Ancestors:
as a family bond, 120.
See Family
Ancestral:
domain, lands subject to, 187
estates, 194
Apprentice, slave taught as, 181, 182
Armenia, references to, in Sennacherib's letters to Sargon, 338 sq.
Artificers of the temple, 213
Ashurbânipal:
friendly letters of, 360 sq.
inquiries about oracles, 379
letters illustrating his reign, 347 sq., 352, 353 sq., 361 sq.
son of Esarhaddon, 366
value of his library, 6, 10, 31
Assault:
fatal, to free-woman, 62, 209, 210
to plebeian, 62, 212
to slave, 62, 214
of freeman by slave, 62, 205
of man of higher rank, 62, 202, 203
of pregnant free-woman, causing miscarriage, 62, 209
of plebeian by plebeian, 62, 204
of pregnant plebeian, causing miscarriage, 62, 211
of pregnant slave, causing miscarriage, 62, 213
Assessment of damages. See Damages:
by sheep to green crop, 49, 57
to ripe crop, 49, 58
for assault. See Assault, Fines
for failing in terms of lease, 48, 42, 44
for lack of professional skill. See Surgeon, Veterinary
for neglect. See Neglect
tree cut without consent, 50, 59
Assignment for debt:
of all the debtor has, 50, z
of crop, 48, 49, 49, 50
of date plantation, 50, x
of wife, son, or daughter, 52, 117
Assyrian:
epochs, 31
estimated proportion of slaves, 182
usages regarding slaves, 171
Attorney:
power of, for executing a deed, 69
for representative action, 294
for protecting rights, 293
its use, 44, 7, 292
over funds, 294
Average:
crop in damages, 49, 55
rent in damages, 48, 42, 43, 50, 62, 65
Babylonia:
boundaries of land, 190 sq.
canals, irrigation, 185
early postal system for letters, 309
importance of studying, vii sq.
influence of natural features, 184
its epochs, 15, 34, 131, 182
land tenure in, 184 sq.
lasting effects of its civilization, vii
law later, 69 sq.
names in slavery, 177, 178
ownership of land, 185, 186
primitive tenure, 185 sq.
proportion of slaves in the population, 182
village lands, 185
Bailiff. See Official:
has charge of cropping the farm, 48, 49, 49, 52
Bailment:
from minor or slave without bond or witnesses, 44, 7;
and penal equals theft, 44, 7
Banishment:
as an ancient custom, 98
from the city for incest, 56, 154
Bank, temple the popular place of deposit, 210, 211.
See Temple
Beer-seller:
bound to summon slanderers and brawlers to palace, 52, 108
gives 60 ḲA of sakani beer for 50 ḲA of corn, 52, 111
prosecuted and drowned, 52, 108
Beer-shop:
closed against votaries, 52, 110
drink to be not cheaper than corn, 52, 108
not allowed for unlawful assemblies, 52, 109
regulation of, 52, 108-110
votary forbidden, 52, 110
Benefice:
may be assigned to son, 46, 29
deputed, 46, 27-29
forfeited by neglect or disuse, 47, 30
may not be assigned for debt, 47, 39
bequeathed, 47, 38
given for ransom, 47, 32
given in exchange, 48, 41
may not be bequeathed or assigned for debt, 47, 38, 39
may not be given in exchange, 48, 41
penalty for its abuse or neglect, 46, 27-29, 47, 30, 31
price paid for it forfeited, 47, 35, 37
or alienated, 47, 32 sq.; by sale, 47, 32 sq.
Bennu, slave disease, 67, 280, 170
Bequest:
power of, restrained, 56, 150
free, 56, 150
Betrothed:
betrothal in early life, 132
maiden in her father's house, 54, 130, 132
[pg 407]
marriage ceremony, 132
seduction of, 54, 130, 132, 134
Bibliography:
Arsacide Period, 402
Macedonian Period, 402
New Babylonian Empire, 399
Persian Period, 401
Bigamy:
considered as a custom, 134
in ignorance, 54, 135
Boat:
building of, 64, 234
fast, hired, 67, 276
in collision, 64, 240
one of 60 GUR hired, 67, 277
value in trading, 284, 285
wreck of, 64, 235-238
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
[pg 408]
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
[pg 409]
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
[pg 410]
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
[pg 411]
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
[pg 412]
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
[pg 413]
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
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
[pg 414]
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
[pg 415]
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
[pg 416]
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
[pg 417]
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
[pg 418]
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
[pg 419]
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
[pg 420]
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
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
[pg 421]
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
[pg 422]
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
[pg 423]
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
[pg 424]
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