Chapter II: Part 2

section 181. If a father has vowed to God a votary, hierodule, or _NU- BAR_, and has not granted her a marriage portion, after the father has gone to his fate she shall share in the goods of the father's house one- third of her sonship share and shall enjoy it as long as she lives, after her it is her brothers' forsooth.

section 182. If a father, to his daughter, a votary of Marduk, of Babylon, has not granted her a marriage portion, has not written her a deed, after the father has gone to his fate, she shall share with her brothers in the goods of the father's house, one-third of her sonship share, and shall pay no tax; a votary of Marduk, after her, shall give wherever it is good to her.

section 183. If a father to his daughter, a concubine, has granted her a marriage portion, has given her to a husband, has written her a deed, after the father has gone to his fate, she shall not share in the goods of the father's house.

section 184. If a man to his daughter, a concubine, has not granted a marriage portion, has not given her to a husband, after the father has gone to his fate, her brothers according to the capacity of the father's house, shall grant her a marriage portion and shall give her to a husband.

section 185. If a man has taken a young child 'from his waters' to sonship, and has reared him up, no one has any claim against that nursling.

section 186. If a man has taken a young child to sonship, and when he took him his father and mother rebelled, that nursling shall return to his father's house.

section 187. The son of a _NER-SE-GA_, a palace warder, or the son of a vowed woman no one has any claim upon.

section 188. If an artisan has taken a son to bring up, and has caused him to learn his handicraft, no one has any claim.

section 189. If he has not caused him to learn his handicraft, that nursling shall return to his father's house.

section 190. If a man the child whom he took to his sonship and has brought him up, has not numbered him with his sons, that nursling shall return to his father's house.

section 191. If a man, after a young child whom he has taken to his sonship and brought him up, has made a house for himself and acquired children, and has set his face to cut off the nursling, that child shall not go his way, the father that brought him up shall give to him from his goods one-third of his sonship, and he shall go off; from field, garden, and house he shall not give him.

section 192. If a son of a palace warder, or of a vowed woman, to the father that brought him up, and the mother that brought him up, has said 'thou art not my father, thou art not my mother,' one shall cut out his tongue.

section 193. If a son of a palace warder, or of a vowed woman, has known his father's house, and has hated the father that brought him up or the mother that brought him up, and has gone off to the house of his father, one shall tear out his eye.

section 194. If a man has given his son to a wet nurse, that son has died in the hand of the wet nurse, the wet nurse without consent of his father and his mother has procured another child, one shall put her to account, and because, without consent of his father and his mother, she has procured another child, one shall cut off her breasts.

section 195. If a man has struck his father, his hands one shall cut off.

section 196. If a man has caused the loss of a gentleman's eye, his eye one shall cause to be lost.

section 197. If he has shattered a gentleman's limb, one shall shatter his limb.

section 198. If he has caused a poor man to lose his eye or shattered a poor man's limb, he shall pay one mina of silver.

section 199. If he has caused the loss of the eye of a gentleman's servant or has shattered the limb of a gentleman's servant, he shall pay half his price.

section 200. If a man has made the tooth of a man that is his equal to fall out, one shall make his tooth fall out.

section 201. If he has made the tooth of a poor man to fall out, he shall pay one-third of a mina of silver.

section 202. If a man has struck the strength of a man who is great above him, he shall be struck in the assembly with sixty strokes of a cow- hide whip.

section 203. If a man of gentle birth has struck the strength of a man of gentle birth who is like himself, he shall pay one mina of silver.

section 204. If a poor man has struck the strength of a poor man, he shall pay ten shekels of silver.

section 205. If a gentleman's servant has struck the strength of a free- man, one shall cut off his ear.

section 206. If a man has struck a man in a quarrel, and has caused him a wound, that man shall swear 'I do not strike him knowing' and shall answer for the doctor.

section 207. If he has died of his blows, he shall swear, and if he be of gentle birth he shall pay half a mina of silver.

section 208. If he be the son of a poor man, he shall pay one-third of a mina of silver.

section 209. If a man has struck a gentleman's daughter and caused her to drop what is in her womb, he shall pay ten shekels of silver for what was in her womb.

section 210. If that woman has died, one shall put to death his daughter.

section 211. If the daughter of a poor man through his blows he has caused to drop that which is in her womb, he shall pay five shekels of silver.

section 212. If that woman has died, he shall pay half a mina of silver.

section 213. If he has struck a gentleman's maidservant and caused her to drop that which is in her womb, he shall pay two shekels of silver.

section 214. If that maidservant has died, he shall pay one-third of a mina of silver.

section 215. If a doctor has treated a gentleman for a severe wound with a bronze lancet and has cured the man, or has opened an abscess of the eye for a gentleman with the bronze lancet and has cured the eye of the gentleman, he shall take ten shekels of silver.

section 216. If he (the patient) be the son of a poor man, he shall take five shekels of silver.

section 217. If he be a gentleman's servant, the master of the servant shall give two shekels of silver to the doctor.

section 218. If the doctor has treated a gentleman for a severe wound with a lancet of bronze and has caused the gentleman to die, or has opened an abscess of the eye for a gentleman with the bronze lancet and has caused the loss of the gentleman's eye, one shall cut off his hands.

section 219. If a doctor has treated the severe wound of a slave of a poor man with a bronze lancet and has caused his death, he shall render slave for slave.

section 220. If he has opened his abscess with a bronze lancet and has made him lose his eye, he shall pay money, half his price.

section 221. If a doctor has cured the shattered limb of a gentleman, or has cured the diseased bowel, the patient shall give five shekels of silver to the doctor.

section 222. If it is the son of a poor man, he shall give three shekels of silver.

section 223. If a gentleman's servant, the master of the slave shall give two shekels of silver to the doctor.

section 224. If a cow doctor or a sheep doctor has treated a cow or a sheep for a severe wound and cured it, the owner of the cow or sheep shall give one-sixth of a shekel of silver to the doctor as his fee.

section 225. If he has treated a cow or a sheep for a severe wound and has caused it to die, he shall give a quarter of its price to the owner of the ox or sheep.

section 226. If a brander without consent of the owner of the slave has branded a slave with an indelible mark, one shall cut off the hands of that brander.

section 227. If a man has deceived the brander, and has caused him to brand an indelible mark on the slave, that man one shall kill him and bury him in his house, the brander shall swear, 'Not knowing I branded him,' and shall go free.

section 228. If a builder has built a house for a man and has completed it, he shall give him as his fee two shekels of silver _per SAR_ of house.

section 229. If a builder has built a house for a man and has not made strong his work, and the house he built has fallen, and he has caused the death of the owner of the house, that builder shall be put to death.

section 230. If he has caused the son of the owner of the house to die, one shall put to death the son of that builder.

section 231. If he has caused the slave of the owner of the house to die, he shall give slave for slave to the owner of the house.

section 232. If he has caused the loss of goods, he shall render back whatever he has caused the loss of, and because he did not make strong the house he built, and it fell, from his own goods he shall rebuild the house that fell.

section 233. If a builder has built a house for a man, and has not jointed his work, and the wall has fallen, that builder at his own cost shall make good that wall.

section 234. If a boatman has navigated a ship of sixty _GUR_ for a man, he shall give him two shekels of silver for his fee.

section 235. If a boatman has navigated a ship for a man and has not made his work trustworthy, and in that same year that he worked that ship it has suffered an injury, the boatman shall exchange that ship or shall make it strong at his own expense and shall give a strong ship to the owner of the ship.

section 236. If a man has given his ship to a boatman, on hire, and the boatman has been careless, has grounded the ship, or has caused it to be lost, the boatman shall render ship for ship to the owner.

section 237. If a man has hired a boatman and ship, and with corn, wool, oil, dates, or whatever it be as freight, has freighted her, that boatman has been careless and grounded the ship, or has caused what is in her to be lost, the boatman shall render back the ship which he has grounded and whatever in her he has caused to be lost.

section 238. If a boatman has grounded the ship of a man and has refloated her, he shall give money to half her price.

section 239. If a man has hired a boatman, he shall give him six _GUR_ of corn per year.

section 240. If a ship that is going forward has struck a ship at anchor and has sunk her, the owner of the ship that has been sunk whatever he has lost in his ship shall recount before God, and that of the ship going forward which sunk the ship at anchor shall render to him his ship and whatever of his was lost.

section 241. If a man has taken an ox on distraint, he shall pay one- third of a mina of silver.

section 242. If a man has hired a working ox for one year, he shall pay four _GUR_ of corn as its hire.

section 243. If a milch cow, he shall give three _GUR_ of corn to its owner.

section 244. If a man has hired an ox or sheep and a lion has killed it in the open field, that loss is for its owner forsooth.

section 245. If a man has hired an ox and through neglect or by blows has caused it to die, ox for ox to the owner of the ox he shall render.

section 246. If a man has hired an ox and has crushed its foot or has cut its nape, ox for ox to the owner of the ox he shall render.

section 247. If a man has hired an ox and has caused it to lose its eye, he shall pay half its price to the owner of the ox.

section 248. If a man has hired an ox, and has crushed its horn, cut off its tail, or pierced its nostrils, he shall pay a quarter of its price.

section 249. If a man has hired an ox, and God has struck it and it has died, the man who has hired the ox shall swear before God and shall go free.

section 250. If a wild bull in his charge has gored a man and caused him to die, that case has no remedy.

section 251. If the ox has pushed a man, by pushing has made known his vice, and he has not blunted his horn, has not shut up his ox, and that ox has gored a man of gentle birth and caused him to die, he shall pay half a mina of silver.

section 252. If a gentleman's servant, he shall pay one-third of a mina of silver.

section 253. If a man has hired a man to reside in his field and has furnished him seed, has entrusted him the oxen and harnessed them for cultivating the field--if that man has stolen the corn or plants, and they have been seized in his hands, one shall cut off his hands.

section 254. If he has taken the seed, worn out the oxen, from the seed which he has hoed he shall restore.

section 255. If he has hired out the oxen of the man or has stolen the corn and has not caused it to grow in the field, that man one shall put him to account and he shall measure out sixty _GUR_ of corn _per GAN_ of land.

section 256. If his compensation he is not able to pay, one shall remove the oxen from that field.

section 257. If a man has hired a harvester, he shall give him eight _GUR_ of corn per year.

section 258. If a man has hired an ox-driver, he shall give him six _GUR_ of corn per year.

section 259. If a man has stolen a watering machine from the meadow, he shall give five shekels of silver to the owner of the watering machine.

section 260. If he has stolen a watering bucket or a harrow, he shall pay three shekels of silver.

section 261. If a man has hired a herdsman for the cows or a shepherd for the sheep, he shall give him eight _GUR_ of corn _per annum_.

section 262. If a man, ox, or sheep to [this section is defaced].

section 263. If he has caused an ox or sheep which was given him to be lost, ox for ox, sheep for sheep, he shall render to their owner.

section 264. If a herdsman who has had cows or sheep given him to shepherd, has received his hire, whatever was agreed, and his heart was contented, has diminished the cows, diminished the sheep, lessened the offspring, he shall give offspring and produce according to the tenour of his bonds.

section 265. If a shepherd to whom cows and sheep have been given him to breed, has falsified and changed their price, or has sold them, one shall put him to account, and he shall render cows and sheep to their owner tenfold what he has stolen.

section 266. If in a sheepfold a stroke of God has taken place or a lion has killed, the shepherd shall purge himself before God, and the accident to the fold the owner of the fold shall face it.

section 267. If a shepherd has been careless and in a sheepfold caused a loss to take place, the shepherd shall make good the fault of the loss which he has caused to be in the fold and shall pay cows or sheep and shall give to their owner.

section 268. If a man has hired an ox, for threshing, twenty _KA_ of corn is its hire.

section 269. If he has hired an ass, for threshing, ten _KA_ of corn is its hire.

section 270. If he has hired a calf (goat?), for threshing, one _KA_ of corn is its hire.

section 271. If a man has hired oxen, a wagon, and its driver, he shall give one hundred and eighty _KA_ of corn _per diem_.

section 272. If a man has hired a wagon by itself, he shall give forty _KA_ of corn _per diem_.

section 273. If a man has hired a labourer, from the beginning of the year till the fifth month, he shall give six _SE_ of silver _per diem_; from the sixth month to the end of the year, he shall give five _SE_ of silver _per diem_.

section 274. If a man shall hire an artisan--

(_a_) the hire of a . . . five _SE_ of silver

(_b_) the hire of a brickmaker five _SE_ of silver

(_c_) the hire of a tailor . five _SE_ of silver

(_d_) the hire of a stone-cutter . _SE_ of silver

(_e_) the hire of a . . . _SE_ of silver

(_f_) the hire of a . . . _SE_ of silver

(_g_) the hire of a carpenter four _SE_ of silver

(_h_) the hire of a . . . four _SE_ of silver

(_i_) the hire of a . . . _SE_ of silver

(_j_) the hire of a builder. . . _SE_ of silver _per diem_ he shall give.

section 275. If a man has hired a (boat?) _per diem_, her hire is three _SE_ of silver.

section 276. If a man has hired a fast ship, he shall give two and a half _SE_ of silver _per diem_ as her hire.

section 277. If a man has hired a ship of sixty _GUR_, he shall give one- sixth of a shekel of silver _per diem_ as her hire.

section 278. If a man has bought a manservant or a maidservant, and he has not fulfilled his month and the _bennu_ sickness has fallen upon him, he shall return him to the seller, and the buyer shall take the money he paid.

section 279. If a man has bought a manservant or a maidservant and has a complaint, his seller shall answer the complaint.

section 280. If a man has bought in a foreign land the manservant or the maidservant of a man, when he has come into the land, and the owner of the manservant or the maidservant has recognised his manservant or his maidservant, if the manservant or maidservant are natives without price he shall grant them their freedom.

section 281. If they are natives of another land the buyer shall tell out before God the money he paid, and the owner of the manservant or the maidservant shall give to the merchant the money he paid, and shall recover his manservant or his maidservant.

section 282. If a slave has said to his master 'Thou art not my master,' as his slave one shall put him to account and his master shall cut off his ear.

* * * * *

The judgements of righteousness which Hammurabi the mighty king confirmed and caused the land to take a sure guidance and a gracious rule.

The following three sections, which are known to belong to the Code from copies made for an Assyrian king in the seventh century B.C., are given here for the sake of completeness. They obviously come within the space once occupied by the five erased columns.

section X. If a man has taken money from a merchant and has given a plantation of dates to the merchant, has said to him, 'The dates that are in my plantation take for thy money,' that merchant shall not agree, the dates that are in the plantation the owner of the plantation shall take, and he shall answer to the merchant for the money and its interests according to the tenour of his bond. The dates that are over, which are in the plantation, the owner of the plantation shall take forsooth.

section Y. . . . the man dwelling (in the house) has given to the owner (of the house) the money of its rent in full for the year, the owner of the house has ordered the dweller to go out when his days are not full, the owner of the house, because he has ordered the dweller to leave when his days are not full, (shall give) of the money which the dweller gave him. . . .

section Z. If a man has to pay, in money or corn, but has not money or corn to pay with, but has goods, whatever is in his hands, before witnesses, according to what he has brought, he shall give to his merchant. The merchant shall not object, he shall receive it.

INDEX

_The numbers refer to the sections of the Code_.

Abatement, of rent, for loss of crop, 45, 46.
of interest, 48.

Accidental loss, by storm or deluge, falls on tenant, 45.
shared by landlord, if before rent is paid, 46.
by drought, storm, or deluge, postpones payment of debt, 48.

Adjournment, for production of witnesses, 13.
not to exceed six months, 13.

Adoption, of natural son, 185.
of child of living parents, 186.
parents may object, 186.
votary or palace official cannot object, 187.
by artisan, 188.
no one can reclaim child, if he has been taught handicraft, 188.
otherwise can be reclaimed, 189.
adopted son must be formally acknowledged, 190.
if not, returns to real parents on death of adoptive father, 190.
adopted son cannot be cut off without legal process, 191.
has one-third child's share, 191.
but no part of estate, 191.
repudiation by adopted son severely punished, 192 ff.

Adultery, 129.
penalty, drowning, 129.

Agent, relation to principal or merchant--
must keep accounts, 100.
of money received, 100.
of interest due, 100.
if unsuccessful, repays capital only, 101.
if a loser, repays capital in full, 102.
if robbed, can be excused payment, 103.
must keep account of goods, 104.
stating money value, 104.
take inventory, 104.
give receipt, 104.
pays threefold for his defaults, 106.

Allotment, to ganger, constable, or tributary, 30. _See_ Benefice.

Allowances, to divorced wife, 137.
usufruct of field, garden, and goods.

Alteration of date for repayment, 48.
called 'wetting tablet,' 48.

Approving lease, 44. _See_ Lease.

Assault, of gentleman by gentleman, 202, 203.
in a quarrel, 206.
of poor man by poor man, 204.
of gentleman by slave, 205.
of pregnant woman, causing miscarriage--
gentle woman, 209.
poor woman, 211.
slave, 213.
causing her death--
gentle woman, 210.
poor woman, 212.
slave, 214.
_See_ under Fines.

Assessment of damages--
by sheep to growing crops, 57.
,, to ripe crops, 58.
for cutting down tree in orchard, 59.
for not carrying out terms of lease, 42, 44.
for assault. _See_ Fines.
for carelessness. _See_ Neglect.
for culpable lack of skill. _See_ Doctor.

Assignment for debt--
of bare field, 49.
of corn field, 50.
of date plantation, X.
of crop, Y.
of wife, child, or slave, to work off debt, 115.

Average yield, assessed damages, 42, 43, 44, 55, 62, 65.

Backbiting, 161.

Bailiff. _See_ Reeve, Ganger, Constable, Benefice.

Bailment, without witness or deed--
from domestic inferior=theft, 7.

Banishment. _See_ Exile.

Bearing sentence sought to be obtained. _See_ Retaliation.

Benefice, the land, house, garden, and stock--
assigned by king to ganger, constable, or tributary, 30.
inalienable, 32, 36, 37.
sale, or purchase, forbidden, 35.
price paid forfeited, 35.
not to be exchanged, 41.
not to be devised to females, 38.
may be deputed, 27.
hereditary, 28.
forfeited, by disuse, 30.
may not be pledged, 38.
saleable to other official (?), 40.

Betrothed, maiden lived in father's house, 130.

Bigamy, in ignorance, 135.

Blood money. _See_ Wit.

Boatmen, their duties and privileges, 234-241.
same word denotes boat-builder (Winckler's tr.).

Boats, passenger, 276.
freight boat, 277.
building, 234.
of 60 _GUR_, built, 234 (Winckler's tr.)
collision of, 241.
wreck of, 235, 236.

Bond, a written deed or contract--
needed for legal purchase, 7.
for debt, 52.
for storage, 122.
for legal marriage, 128.
shepherd's, 264.

Branding, brander, 226, 227.
on forehead, for slander, 127.
slave without consent of owner, 226, 227.

Brawling, in wine shop, 109.

Breach of contract--
by lessee, 42, 44, 256. _See_ Lease, Metayer, Neglect.
of promise, 159.

Breasts, cut off, 194.

Bride-price, a present to prospective father-in-law--
usually returned with wife to bridegroom, 163.
given back by husband to divorced wife, if not a mother, 138.
returned to suitor, if not accepted, 160, 161.
forfeited if suitor changes his mind, 159.
if not given back to bridegroom with wife, deducted from marriage
portion repaid to father-in-law, on death of wife, without children, 164.
assessed at one mina of silver, for gentleman, 139.
,, one-third mina, for poor man, 139.
to be set aside for unmarried son, by his brothers, on division of
father's property, 166.

Brothel (?). _See_ Wine shop.

Builder's duties and privileges, 228.
of boats, 234 (Winckler's tr.).

Burning, as penalty--
for votary, opening or entering wine shop, 110.
man and mother in incest, 157.
thief at fire, 25.

Business. _See_ Agent, Merchant, Office.

Buyer of benefice must discharge duties, 40.

Calling to account, 42, 108, 112, 113, 116, 124, 133, 141, 194, 255, 265.

Capital suit, 3.

Captives, 133, 280.

Carrier's privileges and responsibilities, 112.

Cattle, damage _feasant pauperies_, 57.

Changeling, foisted on parents, 194.

Charges, for warehousing, 121.
one-sixtieth value, 121.

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

Collision, 241.

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

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

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

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

Conjugal rights, denial of, 142.

Conscript. _See_ Militia.

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

Contract. _See_ Bond.

Corn land, 62.

Corporate liability, 23, 32.

Corvee. _See_ Militia.

Courtship, 159, 161.

Cow, in milk, hire of, 243.

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

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

Crown, man's. _See_ Strength.

Cultivation of fields--
operations needful, 43.

Custody of child, in mother, 29.

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

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

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

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

Date palm, plantation of, X.

Daughter cannot inherit benefice, 38.

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

Death of defendant, 12.

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

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

Defamation, 161.

Deferred foreclosure, 48.

Degradation from office, 5.

Deification of river Euphrates, 2.

_Delegatus non potest delegare_, 26, 33.

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

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

Detention of fugitive slave punished, 19.

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

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

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

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

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

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

Domestic inferior. _See_ Minor.

Dowry. _See_ Bride-price.

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

Dyke, 53.

Ear cut off as penalty, 205.

Endowment of office. _See_ Benefice.

Equals, assault of, 200, 203, 206.

Evicted purchaser reimbursed, 9.
tenant reimbursed, Y.

Exchange, of benefice illegal, 41.

Exile, penalty for incest, 154.

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

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

Farm. _See_ Lease.

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

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

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

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

Fires, theft at, 25.

Floods, 45, 46, 48.

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

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

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

Foster mother, duties and liabilities, 194.

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

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

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

Ganger, associated with constable, _q.v_.

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

Gift. _See_ Favourite son.

Goring by ox, 250, 251.

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

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

Granary, 113.

Guilty knowledge, by buyer of stolen goods, 10.

Hand of God, 45, 46, 48.

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

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

Herdsmen. _See_ Shepherds.

Highway robbery, 22. _See_ Robbery.

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

Hostage for debt. _See_ Mancipium.

Housebreaking, 21, 125.

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

Hypothecation, of crop, regulated, 49.

Identification of lost property, 9.

Ignorance, plea of, 206, 227.

Illegal purchase, 35, 37.

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

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

Inheritance. _See_ Share.

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

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

Intimidation of witnesses, 3.

Jilting, 159.

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

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

Kidnapping, 14.

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

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

Landlord's risks, 46.

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

Levy. _See_ Militia.

_Lex talionis_. _See_ Retaliation.

Libel. _See_ Slander.

Lion, referred to, 244, 266.

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

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

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

Lying, 11, 12.

Magistrate, over township, 23, 24.

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

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

_Malice prepense_ 206.

Malicious abuse of process, 12.

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

Mansion, 'great house.' _See_ Palace.

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

Marks, on slave. _See_ Branding.

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

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

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

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

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

Minor, status of, 7.

Miscarriage, 209. _See_ Assault, Fine.

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

Mortgage. _See_ Debt.

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

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

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

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

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

Office, duty of official, 40.

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

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

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

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

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

Perjury, 3, 4.

Personal property of official pledged, 39.

Pin-money. _See_ Settlement.

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

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

Pregnant woman. _See_ Assault, Fine.

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

Presumption, 7.

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

Principal. _See_ Merchant.

Procuration of desertion of slave from master, 15.

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

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

Rape, of betrothed maiden, 130.

Rebellion, loss by, 125.

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

Receiving of stolen goods, 10.

Reclaiming lease, 44.

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

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

Reeve. _See_ Ganger.

Referees. _See_ Witnesses.

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

Reimbursement to evicted purchaser, 9.

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

Remission of penalty, 129.

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

Repatriation of slave, 280, 281.

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

_Res perit domino_, 115.

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

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

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

Reward, for capturing fugitive slave, 17.

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

Robbery, 22, 23.

Runnel, 55.

Runner. _See_ Constable.

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

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

Scale damages. _See_ King's standard.

Scandal, 132.

Scourging, with cowhide whip, sixty strokes, 202.

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

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

Self-help, forbidden, 113.

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

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

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

Shepherds, duties and liabilities of, 262-267.

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

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

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

Spell, magical. _See_ Witchcraft.

Stay of case, for production of witnesses, 13.

Stolen goods, guilty purchase of=theft, 10.

Storage. _See_ Warehouse, Deposit.

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

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

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

Subornation, of perjury, 4.

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

Superior, assault of, 202.

Surgeon. _See_ Doctor.

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

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

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

Tenant's risks, 45.

Theft, first order, involving entry, 6.
second order, in the open, 8.
by keeping property found, 9.
by selling property found, 10.
aggravated at fire, 25.
from deposit, 120.
under metayer, 254. _See_ Bailment, Lost property, Sacrilegious,
Stolen goods, Treasonable, Receiving.

Threatening witnesses, 3.

Threshing floor, 113.

Tongue cut out, 192.

Treasonable theft, first order, 6.
second order, 8.

Trespass, to realty, 54.
dolus, 54.
culpa, 55.

Tributary, a beneficed person, paid tribute, 36-41.
benefice inalienable, 36. _See_ Benefice.

Trust, deposit, regulated--
corn in granary, 120.
any goods, 122.

Undertaking. _See_ Lease.

Untitled possession, 9, 10.

Veterinary surgeon, duties and liabilities of, 224, 225.

Vexatious claim of property as lost, 11.

_Vivum vadium_, 49.

Votary, not to open or enter wine shop, 110.
protected from slander, 127.
as wife, 145.
gives maid to husband, to bear children, 146.
not to be rivalled by maid, 147.
dowered as for marriage, 178.
free to leave her portion, if allowed by father's deed, 178, 179.
otherwise, brothers assume charge of her estate and maintain her, 178.
or if they do not content her, she farms it out, 178.
if father gives her no portion, entitled on his death to one child's
share, 180.
but must leave to brothers, 180.
if dedicated by father, and not portioned, entitled to one-third share
at his death, 181.
must leave this to brethren, 181.
if dedicated by father to Marduk of Babylon, and not portioned,
entitled to one-third share at his death, 182.
pays no taxes, 182.
leaves property as she likes, 182.
her child may be adopted, without her consent, 193.
,, if adopted, severely punished for repudiating adopted parents,
193.
usually lived in convent, 110.
cannot alienate or mortgage estate, 178.
unless power granted by father's deed, 179.
when brothers cannot interfere, 179.

Wages. _See_ Hire.

Warden. _See_ Constable.

Wards, children of re-married widow, by first marriage, 177.

Warehousing, 120-126.
fee for, one-sixtieth value, 121.
liability for loss in warehouse, 125.

Waste, 59.
land. _See_ Reclaiming lease, 44, 63.

Weights, great, 108.

Widow, on husband's death--
stays in his house, 171.
takes her portion and settlement, 171.
may not alienate them from children, 171.
if no settlement, takes portion, and one child's share, 172.
children cannot turn her out without legal process, 172.
if she wishes to leave and re-marry, resigns settlement to children,
but takes portion, 172.
on her death, children of both marriages divide her portion equally,
172.
with young children, may marry, but she and husband are bound trustees
for the children, 177.

Wife, of free-man, not to be slandered, 127.
not legally married, without bonds, 128.
adultery by, drowned, 129.
falsely accused, 131.
slandered, 132.
of captive husband, 133-135.
bound to preserve fidelity if provided for, 133.
otherwise, may re-marry, 134.
but must rejoin husband, on return, 135.
children, of second marriage, if any, stay with father, 135.
deserted, 136.
divorce of, who has borne children, 137.
divorced, takes marriage portion, usufruct of field, garden, and
property, only leaves house, has custody and education of children, then
takes one child's share, and is free to re-marry, 137.
,, and if not a mother, takes marriage portion and bride-price,
138.
,, or in lieu of bride-price, fixed sum, 139, 140.
may seek divorce, 141.
bad, divorced without compensation, 141.
,, reduced to status of slave, 141.
denies conjugal rights, 142.
if bad, drowned, 143.
if justified by husband's cruelty, separated, 142.
good, stays at home, is not quarrelsome, economical, does not belittle
her husband, has no vice, 142.
may give maid to husband to bear children, 144.
husband then may not take concubine, 144.
maid may not rival, 145.
childless, does not give maid, husband can take concubine, 145.
concubine not to rival, 145.
invalid, to be maintained, not divorced, 148.
,, husband can marry second wife, 148.
,, may leave husband, taking portion, 149.
second wife only allowed, if first be invalid, or divorced, 137-141,
148.
can leave settlement to any child she prefers, 150.
liability for husband's debts, 151.
procuring death of husband, for love of another, impaled, 153.
of official, no claim on benefice, 38.
deserted, free to marry, 136.

Wine seller, duties and liabilities, 108-110.
not to sell drink cheaper than corn, 108.
relaxation of this rule, 111.
not to suffer brawling or seditious talk, 109.
bound to hale brawlers to palace, 109.
votary not to be, 110.

Wit, 24, 116.

Witchcraft, laws against, 1, 2.

Witnesses--
(1) referees, elders of township, assessors of judge.
(2) knowing facts, recognising property.
(3) to document.
penalty for threatening, death, 3.
,, bribing, to bear sentence, 4.
necessary for legal purchase, 7, 9.
time granted to produce, 13.
to deposit, 122.
knowing lost property, 9.

Working expenses, 49.

Wounds, given in quarrel, 206.
grievous, cure by doctor, 215, 217, 218.
to cattle, cure, 225.

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