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Babylonian and Assyrian Laws, Contracts and Letters

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

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