Index
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]
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
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]
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 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]
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]
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
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:
“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
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 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]
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]
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]:
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]
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
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]
God:
a party in every case in court, [90]
has struck ox to death, [65], 249
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 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
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
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]
settled hamlet, temple, etc., [186]
sold subject to its dues, [187]
systems of measurement, [189]
by the yield, [190]
tenure in Babylonia, [114], [184] sq.
terms applied to, [188], [189]
the Metayer system, [65], 253-256, [196]
the purchaser, how protected, [228]
under manorial obligations, [199]
village, [185]
Landlord. See [Metayer], [Temple]:
loans to tenants, [211]
risks, [48], 46
Landmarks, inviolable, not to be encroached upon, [191]
Lease, tenancy, tenant, farm:
abatements for losses by flood, etc., [48]
allowances, [277]
damages incurred, [48], 42 sq.
different forms of, [198]; fixed rent, [198];
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 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 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 pledges named, [264]. See [Pledges]
on promissory notes, [251]
on usual interest, [255] sq.
on vineyard of slaves, [264]
receipts for, [295]
receipts for repayment of, [259]
records of, [253]
temporary, at harvest-time, [251]
value of preserved bonds, [250] sq.
Local liability for:
compensation for highway robbery, [46], 23, 24, [115]
redemption of captive official, [47], 32
Loss:
by God's hand, [65], 249, [66], 266
by housebreaking or rebellion, [53], 125
of claim in court, [98]
or no claim allowed, [99]
of crop, shared by landlord, [48], 45
of flock or herd, [63], 226
of hired animals, [65], 245, 249
of interest, [48], 48
Lost property:
pretence of losing, how punished, [53], 126
recovery by owner, [45], 9
sale by finder equals theft, [45], 9
Lying in claiming goods, [45], 9-13
Magistrate, city or district governor,
is liable for crime within the bounds, [46], 23, 24
Maid. See [Slave]:
given by votary to husband to have children, [55], 144
her children free, [58], 171;
how made equal to wife's, [58], 170
may be sold if childless, [55], 146
not to be sold if a mother, [55], 146
not to rival her mistress, [55], 146
penalty, to receive the slave-mark, [55], 146
Maintenance:
of concubine and divorced wife, [54], 137
of wife secured, [54], 133-135
Mancipium, hostage to work off debt:
difference in free born or slave, [52], 116
in natural death, [52], 115
in violent death, [52], 116
slave may be sold by creditor, [53], 118
redeemed by debtor, [53], 119
but not if mother of creditor's children, [53], 119
wife, son, or daughter free in fourth year, [52], 117
Manslaughter:
by blow in quarrel, [62], 207, 208
of hostage, [52], 116
penalty, if a slave, one-third mina of silver, [52], 116
Manufacturing partnership, [292]
Marduk:
at Babylon, [78]
had votaries at Babylon, [60], 182
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]
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 relation to the bride-price, [71], C
lawsuit about, [132]
less bride-price, if not repaid to husband, [57], 164, [124]
nature of, [130]
of concubine, [134]
presented to concubine's daughter, [60], 184
receipts for the payment of, [131]
returned to injured wife, [55], 142
invalid wife, [56], 149
returned to the wife's father's house, [72], F, [122], [124]
returned to wife's father, if no children, [57], 163, [124]
separate estate, [55], 138, 142, [56], 149, 156, [57], 162, 163, [59], 174-176, [61], 184, [72], [73], [122], [127] sq., 219
settlement of, by bride's father, [71], C, [219]
shall be adjudged an equivalent, [72], G
shared by children of both marriages, [58], 173, [71];
or by children of first only, [58], 174
taken by widow to second husband, [59], 172, [127]
trousseau, [129]
when not paid through inability, [72], E, [131]
not to be cause of quarrel, [72], E, [131]
when paid in full, [131]
Marriages in ancient Babylonia, [114] sq., [123] sq.
Master, rights and duties, [59], 175, 176, [63], 217, 223
Measure:
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]
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
as earnest to close the bargain, [230]
current coin, [253]
deferred payments of, [235]
letter requesting, [383]
precautions in giving and receiving, [51], 105
said to belong to a god, [256]
Monogamy. See [Marriage]:
in early days, [134]
Mortgages:
entire pledging, [266]
related to pledges, [265]. See [Pledges]
second, debarred, [265]
second mortgage secured, [267]
Mother:
in charge of son's education, [46], 29
incest with, [56], 157
power over children, [148-150]
Mutilations, by order of judge, [97]
Nabonidus, his place in chronology, [181]
Nebuchadrezzar:
his chronology, [181], [230], [291]
his exploits, [194]
Names:
clan, from office in the temple, [214]
Semitic, [279]
show slave's origin or nationality, [178]
significant, [176], [177], [178]
Notary, his fee for writing out a bond, [231]
Nurse, her duties and responsibilities, [61], 194, [153], [155]
Oath. See [Affidavit], [Bond]:
about foreign slave, [67], 281
as to death of ox, [65], 249
deposit, [53], 120
depreciation, [53], 126
estimate of goods on lost boat, [64], 240
as to loss, [53], 120
by brander, that he was misled, [63], 227
disclaiming evil intention, [62], 206, 207
for confirmation of sale, [233]
for purgation, taken by agent, [51], 102, 103, 106;
taken by principal, [51], 107;
taken by owner of corn, [53], 120
how administered, [92]
its purport and where taken, [93], [94]
on loss by lightning or lion, [66], 266
to clear from charge of adultery, [54], 131
Octroi duties, [206]
Official. See [Bailiff]:
cannot give his benefice in exchange, [48], 40, 41
compensation of official, [76]
duties and responsibilities, [46], 26, 27, [47], 30-39, [76] sq.
duty and position considered, [76] sq.
has his own private rights, [47], 39
holds lands by royal charter, [322]
if captured on the king's business, [47], 32
to be ransomed, [47], 32
how the ransom is to be paid, [47], 32
liable to death penalty, [46], 26
may resume use of the benefice, [46], 27
not to appropriate or alienate public property, [47], 33-38
not to be hired out, plundered, or oppressed, [47], 35
not to depute duty, [46], 26
on enforced absence, [46], 27
one year allowed, [47], 30
penalty for neglect, [47], 30, 31
provision for son in absence, [46], 29
rights as against substitutes, [46], 26-29
service of, [77]
son may be deputy, [46], 28
the benefice or feoff, [76]
three years' limit, [47], 30
Old age provision:
by adoption, [155], [158], [160]
by son, [224]
Omens and predictions, letter illustrative of, [365] sq.
Ordeal by water:
considered as a legal custom, [96], [97]
for witchcraft, [44], 2
nature of, [44], 2, [54], 132, [97]
to purge from slander, [54], 132
Owner's risk in hiring. See [Hire]:
horse killed, at God's hand, [65], 249
loss by lightning or lion, on herdsman's oath, [66], 266
ox or ass, killed in open field, [65], 244
Palace:
its relation to the priesthood, [211] sq.
place for archives, [322]
title for the royal state authority, [61], 187, 192, 193
Partnership:
a manufacturing, [292]
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 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]
Pillar, thrown from, a penalty, [140]
Pin-money, gift to a wife, [132], [221]
Plaintiff, his position in a case, [88], [89]
Plebeian, poor man, between patrician and slave:
abduction of slave from, [45], 15
assault by, [62], 204, 208
cheaper divorce, [55], 140
fees paid by, [62], 208, [63], 222
harboring fugitive slave, [45], 16
slave-owner, [45], 15, [59], 175, 176
theft from, [45], 8
value of eye or limb, one mina of silver, [62], 198
value of tooth, one-third mina of silver, [62], 201
Pledges and guarantees. See [Loans], [Mortgages]:
antichretic pledges, [262], [263], [264], [265]
complications, [265-268]
information meagre, [262]
loan on vineyard and of slaves, [264]
on service of a maid, [264]
on the borrower's service, [264]
mortgages, [265]
on land to secure a loan, [263]
property in satisfaction of debt, [262], [263]
the subject held as security, [262], x, xi
their relation to the interest, [263]
value of the pledge, [265]
creditor's responsibility toward it, [265]
Polygamy. See [Concubinage], [Marriage], [Monogamy]:
in Assyrian times, [134]
clear evidence of, among serfs and slaves, [134]
distinguished from bigamy, [134]
Pregnant woman. See [Assault], [Fine]
Price of drink, how regulated, [52], 108, 111
Priest:
artificer, [213]
his relation to the king, [211], [212]
honors paid to the priesthood, [211], [212]
public position and duties, [212], [213]
slave, [214]
steward, [213]
warden, [213]
Prisoner:
pleads for liberty, [331]
recaptured slave pleads, [330]
Private property, its rights, [192], [193]
Produce rent:
as agreed upon, [48], 46
of field, on shares, [48], 41-46
of garden, on shares, [50], 64
Promissory notes on loans, [251]
Property:
alienation of its rights, [218] sq., [227] sq.
alienation by sales. See [Sales]
consent of heirs to its disposal, [221]
devolution of, by gifts, bequests, [222] sq.
importance of studying its alienation, [218], [227]
method of describing, for identification, [237]
methods of identifying on sale, [228]
protection of purchaser from fraud, [228], [235]
sales, conditions, payments, [235]
Proprietary rights in temple income, [215]
Public:
forced labor, [45], 16. See [Militia]
obligations, [204]
Ransom, of captive official, [47], 32
by himself, [47], 32
by the State, [47], 32
from temple treasury, [47], 32
not from his benefice, [47], 32
Rape of betrothed maiden, [54], 130
Rebellion, loss by, [53], 125
Receipt, sealed document:
as taken by agent and depositor, [53], 124, 125, [61], 204, [260], [261]
for a fine, [259]
for deposits rare, [260], [261]
for loan, [295]
for repayment of loan, [259]
Receiving of stolen goods, death penalty, [44], 6
Records of business transactions, [253]. See [Bond]
Recovery:
by power of attorney, [79]
of lost property, [45], 9, 10, [53], 124, 125
Redemption. See [Mancipium]:
of maid, held for debt, [53], 119
Refusal:
by slave to name his owner, [46], 18
of conjugal rights, [55], 142
Registration:
by the master of the house, [128]
guarantee of ancestry, [128]
of birth, marriage, and death, [128]
Remarriage:
marriage-portion goes to the children, [59], 173, 174
of divorced woman, [55], 141
of widow, [59], 173
Remission of penalty, [54], 129
Rent:
average, made payable, [48], 42, 43, [49], 55, [50], 62, 65
five ḲA of corn on each GUR of corn, [53], 121
for storage of corn, [53], 121
of garden plot, [50], 60, 61, 62
of unbroken land, on three-year lease, [48], 44
on garden plot, ten GUR of corn for each GAN of land, [50], 63
paid at harvest-time, [48], 47
payments in kind, [48], 47, 49
ten GUR of corn for each GAN of land, [48], 44
wrought on shares, [50], 64, 65
Repatriation of slave, [67], 280, 281
Repudiation:
of adoptive parents, [61], 192
of father by son, [41], I
of husband by wife, [42], V, [138], [142]
of mother by son, [41], II
of wife by husband, [42], VI, [138], [142]
Responsibility in service:
of employer, [42], VII
of tenant farmer, and neglect punished, [65], 253-256
Restitution, compensation, damages, reimbursement:
accident, builder gives slave for slave, [64], 231
boatman must restore the weak boat, [64], 235;
must restore the lost boat, [64], 236;
must restore boat and cargo, [64], 237
builder must rebuild, [64], 232
builder of unkeyed wall must rebuild, [64], 233
considered as an ancient custom, [98]
death in highway robbery, one mina of silver to relatives, [46], 24
depreciation of property, make it good from the corn hoed, [65], 254
diminishing ox or sheep, give up to the agreements, [66], 264
embezzlement of goods, sheep or ox, tenfold return, [66], 265
fatal operation on slave, slave for slave, [63], 219
fivefold by carrier for goods lost, stolen, or appropriated, [45], 12, [52], 112
loss made good, if herdsman at fault, [66], 267
loss of goods, goods for goods, [64], 231
owner of boat in collision responsible for boat and cargo, [64], 240
ox gored, ox for ox, [65], 246
ox injured seriously, ox for ox, [65], 246
ox or ass lost, restore ox or ass, [66], 263
shadduf, or plough, three shekels of silver, [66], 260
simple, [44], 4, 5, 8, [45], 9, 10, 12
sixfold for overcharging agent, [51], 107
tenfold for theft by poor man, [44], 8
thirtyfold for theft by patrician, [44], 8
threefold for cheating principal, [51], 106
twelvefold for false sentence by judge, [44], 5
twofold for goods in store, [53], 120, 124, 126
twofold for pretence of losing goods, [53], 126
watering machine stolen, five shekels of silver to owner, [66], 259
Retaliation. See [Penalties]:
dishonesty in stewardship, hands cut off, [65], 253
eye for eye, [62], 196
for defrauding, torn to pieces on that field by the oxen, [65], 256
if builder's son dies, builder's son is put to death, [64], 230
if slave is killed, builder gives slave for slave, [64], 231
its principles in Babylonia, [74], [98]
limb for limb, [62], 197
slave for repudiating master, ear cut off, [67], 282
tooth for tooth, [62], 200
Return of slave purchased:
for defect, [67], 279
within one month for bennu disease, [67], 278
Reward for slave capture, [46], 17
Riparian responsibilities, [49], 53-56, [114], [199], [321]
Risks:
farmer's, [48], 45, 46
owner's. See [Owner]
tenant's, [48], 45
warehouseman's, [53], 125
Roads, their maintenance, [286]
Robbery, highway, [46], 22, 23
Runnel for watering, [49], 55
Sacred river, for ordeal, [44], 2, [54], 132
Sacrifices:
shared in by the temple, [210]
sometimes sold for cash, [210]
Sacrilegious theft from temple, [44], 6, 8
Sale:
of crop for debt, [49], 51
of man and goods to pay debt, [49], 53, 54
Sales:
agent in, [243]
alienation of property, [227]
all interests safeguarded in the deed, [232]
deferred payments, [235]
formal preliminaries, [227]
fraud in, [235]
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:
letters to, from Sennacherib, his son, [338] sq.
Scandal, met by ordeal, [54], 132
Scourge of ox-hide, [62], 202
Scourging:
as a penalty, sixty blows, [63], 202
considered as an ancient custom, [97]
Scribe:
male and female, [84]
not a priest or judge, [84], [85]
often a woman, [151]
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]
as an institution, [168] sq.
assaults freeman, [62], 205
Assyrian usages regarding, [171] sq.
authorities upon the system and facts, [168], [169];
its history, [169]
bad wife reduced to, [55], 141
been gored by a vicious ox, [65], 252
branding or tattooing, [176]
child of slave, [203]
children to the master, may succeed equally with wife's children, [58], 170;
or only obtain their freedom, [58], 171
condemned to forced labor, [45], 16
cure of, master pays bill, [63], 217, 219, 223
different from the serfs, [172]
diseases of, bennu, [170]
evidence not good against a free man, [179]
fees paid for teaching apprentice, [182]
foreign born, [178]
foreign slaves, [67], 281
free child made slave as a provision for life, [173]
fugitive, harboring, [45], 16
guarantees in sale, [174] sq.
had much freedom, but bound, [168]
had private property, [178], [179]
hired laborer, [271]. See [Hire], [Wages]
her children, how legitimatized, [58], 171, [135]
his children free, [59], 175
his obligations to the state, [205]
his tablet or name-plate, [177]
his widow takes her marriage-portion and half their goods, [59], 175, [135]
or at least half the goods for her children, [59], 176
history of one traced, [180]
how estimated in Babylonia, [74] sq.
if child-bearing, maid could not be sold, [135]
in bennu disease, returned on seller, [67], 280
intermarriage and inheritance, [136]
laws of capture, [46], 17-20
legal defects, [171]
letter on runaway slaves, [330]
manumission of slaves, [67], 280
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 of female slave's children, [70]
widow has one son's share of estate, [58], 172
free at her master's death, [135]
Slavery:
branding, tattooing, [176], [177]
children sold into, [178]
discussed, relating to Babylonia, [168] sq.
guarantees against rebellion, [174]
flight, [174]
untimely death, [175]
unexpected claims, [175]
over-exaction in the public service, [175]
redemption as men of family, [175]
illegal enslavement, [176]
means of indicating, [176], [177]
modes of entering into, [178]
recruited from freemen, [172], [175], [177], [178]
relative proportion to the population, [182]
sales, [174]
significant names in, [177], [178]
supplied the army, [173], [203]
the militia, corvée, or levy for forced labor, [173]
Soldiers:
a public obligation, [204]
might pay substitutes, [204]
their place in the state, [201], [202]
their relations to the forced labor, [202], [203]
their system, [202]
Son:
by adoption, [61], 185 sq., [154] sq.
disinheritance of, to be inquired into by judge, [58], 168, 169;
allowed or disallowed by judge, [58], 168, 169
first crime against father pardoned, [58], 169
his wife abused by his father, [56], 155, 156
must have father's consent to marry, [127], [149]
of the royal favorite, royal household, or votary, [61], 187, 192, 193
must be prudent of speech, [61], 192, 193
under penalty, [61], 192, 194
penalty for striking father, hands cut off, [61], 195, [149]
privileges as father's substitute, [46], 28, 29
receives deed of gift from father, [57], 165
also his share in estate, [57], 165
rights given by adoption. See [Adoption]
young son, unmarried, to be provided for, [57], 166
State:
composed of three classes, [74]
having other grades, [76] sq.
Steward:
accounts from, [302]
temple officer, [213]
Stolen goods, retention of equals theft, [45], 10
Strangling, penalty of, [56], 155
Striking. See [Assault], [Fines]:
of father by son, [61], 195, [149]
Suitor:
his relation to bride's parents, [123]
rejected, his rights, [57], 160
rejected through calumny by comrade, [57], 161
refuses to marry, [57], 159
Suits of many kinds, [102-107]
Suits at law:
damages for loss and breach of trust, [107]
deposit, [106]
family dispute, [104]
forged will, [106]
for income, [102], [103], [104]
gift, [103]
house, [104]
land, [104]
legacy, [106]
loss of hired ass, [106]
over adoption, [106]
partnership, [102]
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
on loan, its modern value, [250]
value for chronology, [250], [251]
peculiarity of, on corn loan, [258]
present location, [18]
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 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]
Title-deed destroyed for illegal purchase, [47], 37
Tongue cut out as penalty, [61], 192, [150]
Trading, trade:
between capital and labor, [281]
its laws, [281] sq.
money out on speculation, [51], 102, 103, [281] sq.
relations in, by principal and agent, [51], 100-107, [281] sq.
Trespass, law of, [49], 54, 55
Trousseau, bride's, [129]
Trust, deposit, storage. See [Carrier]:
care in depositing valuables, [53], 122-126
corn put in store, and amount disputed, [53], 120
Valuables:
claim is contested, [53], 123-126
deposited before witnesses, [53], 122-124
on deposit, care of, [53], 122-126
Values:
difference of free-born and slave as hostage, [52], 116
sixty ḲA of sakani beer for fifty ḲA of corn, [52], 111
Veterinary surgeon:
his duties and responsibilities, [63], 224-226
penalty for unsuccessful operation, [63], 225
Vicarious punishments, [98]
Village lands and tenure in Babylonia, [185], [186]
Votaries:
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
advances made in lieu of, [273]
average, estimated, [271]
liable to adjustment, [271]
living included, [272]
often paid in produce, [272]
Warden, temple officer, [213]
Warehousing:
claims contested, [53], 124, 125
fee or rent, five ḲA of corn for each GUR of corn, [53], 121
precautions in depositing valuables, [53], 122, 123
responsibilities, [53], 120-126
Weaving:
accounts of, [300]
establishments, [203]
Weights and measures, tables of, [398]
Widow:
cannot legally sell anything, [59], 177, [145], [147]
children of second wife, their rights, [71]
children's inheritance, [58], 167-172, [71]
could not marry and desert children in minority, [146]
without consent of law court, [146]
free to marry the man of her choice, [146]
gift, made by deed, her own, [58], 171, [105]
has, as a portion, one son's share, [58], 172
has right to remain in husband's house, [58], 172, [145]
her conduct and character inquired into, [58], 172, [145]
her rights, [145-147]
marriage-portion her own, [58], 171, 172, [145]
may leave, and be married again, [59], 172
can only take her marriage-portion, [58], 171, 172, [59], 172, [145], [146]
children of both marriages share equally in the marriage-portion, [59], 173, 174, [145], [146];
or, if only one family, [59], 174, [146]
may marry again, but children's interests conserved, [59], 177, [145], [146]
must give bonds as trustee with second husband, [59], 177, [146]
gives inventory of property and obligation to preserve the property, [59], 177, [146]
Wife:
as trustee of children of first marriage, [59], 177
bad, may be prosecuted, [55], 141
divorced without compensation, [55], 141, [141] sq.
reduced to the status of slave, [55], 141
betrothal and marriage ceremony, [132]
character of good, [55], 142
childless, her marriage-portion returns to her father's house, [72], F
children of second wife take one-third of property, [71], D
conniving at her husband's murder, impaled, [56], 153
consent of father-in-law, [128]
deceased, her marriage-portion is the children's, [57], 162
degraded to the condition of slave, [142]
denies conjugal rights, its complications, [55], 142, [142];
may take her marriage-portion and return to her father, [55], 142, [142]
deserted by husband, free to marry, [54], 136, [143]
desertion by husband, involuntary, [143];
by husband, voluntary, [144]
divorced, her legal rights, if a mother, [54], 137, [142]
if not a mother, [55], 138, [142]
dowry and marriage-portion, [128], [129], [130], [131]
falsely accused, and cleared by oath, [54]
financial responsibilities between husband and wife, [56], 151, 152;
question as to ante-nuptial, [56], 151
first home and home-going, [133]
her marriage registered, [128]
her pin-money, [132]
her rights, if sent away, [140], [142]
her trousseau, [129]
if childless, it returns to her father's house, [57], 163
husband has no claim to it, [57], 163
bride-price to be deducted from the marriage-portion, [57], 163
in monogamy and polygamy, [134]
invalid cannot be put away, [56], 148, [142];
or divorced, [56], 148, [142];
but may claim her marriage-portion and go to her father, [56], 149, [142]
laws and conditions of divorce, [141] sq. See [Divorce]
marriage performed at “wedding-house,” [128]
may be saved by husband from death penalty, [54], 129
may be a votary, [55], 144-146, [137]
may claim separation on account of cruelty, [55], 142, [142]
may sell a childless concubine, [55], 147, [135]
must have marriage contract, [54], 128
not to be slandered, [53], 127
of captive and not maintained, [54], 134, [143]
marries another, and returns to first, [54], 135, [143], [144];
children remain with their father, [54], 135, [143]
penalty for adultery, strangling, [54], 129
results to a bad wife, [142]
retains legal power over marriage deed of gift, [56], 150
may leave it to her child, but not to her kindred, [56], 150
rights if a widow, once or twice, [58], 171, 172, [59], 173, 174;
and of her children, [59], 172-174
second, different kinds of, [134]
second, when allowed, [55], 137, [56], 138-141, [57], 148
shares of two wives and their families, [58], 167
slandered, cleared by ordeal, [54], 132
sold into slavery, [178]
son's wife, rude to mother-in-law, may be branded and sold, [140]
undutiful and slanderous, may be drowned, [55], 143, [142]
widow and childless, takes marriage-portion from the estate, [72], G
takes any marriage gift, [72], G
and it shall be adjudged an equivalent, [72], G
widow, on remarriage, takes her marriage-portion, [73], H
is succeeded in her marriage-portion by children of both marriages, [73], H
takes her marriage gifts, [73], H
Witchcraft:
and ordeal, [44], 2
laws against, [44], 1, 2
Witness:
examined on oath, [86]
false, in civil suit, pays the expenses, [44], 3
for deposits, [53], 122, 123, 124, 125
must know the lost property, [45], 9
perhaps attached to law court, [81], [85]
production of, [111]
required for legal purchase, [44], 7, [45], 9
suffers death for perjury, [44], 3
the position considered, [85]
time extended for production of, [45], 13
to a bond or deed, [229]
to sign or seal, [151]
Wool:
different kinds of, [299], [300]
memoranda regarding, [299]
Wounds:
cured by surgeon, [63], 215-218
by veterinary surgeon, [63], 224
in quarrel, [62], 206, 207, [63], 218
Writing, Babylonian and Assyrian, [151]