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diff --git a/17150.txt b/17150.txt new file mode 100644 index 0000000..2de8b4e --- /dev/null +++ b/17150.txt @@ -0,0 +1,2981 @@ +The Project Gutenberg eBook, The Oldest Code of Laws in the World, by +Hammurabi, King of Babylon, Translated by C. H. W. Johns + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + +Title: The Oldest Code of Laws in the World + The code of laws promulgated by Hammurabi, King of Babylon + B.C. 2285-2242 + + +Author: Hammurabi, King of Babylon + + + +Release Date: November 25, 2005 [eBook #17150] + +Language: English + +Character set encoding: ISO-646-US (US-ASCII) + + +***START OF THE PROJECT GUTENBERG EBOOK THE OLDEST CODE OF LAWS IN THE WORLD*** + + + + +Transcribed from the 1903 T. & T. Clark edition by David Price, email +ccx074@coventry.ac.uk + + + + + +THE OLDEST CODE OF LAWS IN THE WORLD + + +THE CODE OF LAWS PROMULGATED BY +HAMMURABI, KING OF BABYLON +B.C. 2285-2242 + +_TRANSLATED_ + +BY + +C. H. W. JOHNS, M.A. + +LECTURER IN ASSYRIOLOGY, QUEENS' COLLEGE, CAMBRIDGE +AUTHOR OF "ASSYRIAN DEEDS AND DOCUMENTS" +"AN ASSYRIAN DOOMSDAY BOOK" + +EDINBURGH +T. & T. CLARK, 38 GEORGE STREET +1903 + +PRINTED BY +MORRISON AND GIBB LIMITED + +FOR + +T. & T. CLARK, EDINBURGH + +LONDON: SIMPKIN, MARSHALL, HAMILTON, KENT, AND CO. LIMITED +NEW YORK: CHARLES SCRIBNER'S SONS + +FIRST IMPRESSION . . . _February_ 1903. + +SECOND IMPRESSION . . . _March_ 1903. + +THIRD IMPRESSION . . . _May_ 1903. + +FOURTH IMPRESSION . . . _June_ 1903. + +"The discovery and decipherment of this Code is the greatest event in +Biblical Archaeology for many a day. A translation of the Code, done by +Mr. Johns of Queens' College, Cambridge, the highest living authority on +this department of study, has just been published by Messrs. T. & T. +Clark in a cheap and attractive booklet. Winckler says it is the most +important Babylonian record which has thus far been brought to +light."--_The Expository Times_. + + + + +INTRODUCTION + + +The Code of Hammurabi is one of the most important monuments in the +history of the human race. Containing as it does the laws which were +enacted by a king of Babylonia in the third millennium B.C., whose rule +extended over the whole of Mesopotamia from the mouths of the rivers +Tigris and Euphrates to the Mediterranean coast, we must regard it with +interest. But when we reflect that the ancient Hebrew tradition ascribed +the migration of Abraham from Ur of the Chaldees to this very period, and +clearly means to represent their tribe father as triumphing over this +very same Hammurabi (Amraphel, Gen. xiv. 1), we can hardly doubt that +these very laws were part of that tradition. At any rate, they must have +served to mould and fix the ideas of right throughout that great empire, +and so form the state of society in Canaan when, five hundred years +later, the Hebrews began to dominate that region. + +Such was the effect produced on the minds of succeeding generations by +this superb codification of the judicial decisions of past ages, which +had come to be regarded as 'the right,' that two thousand years and more +later it was made a text-book for study in the schools of Babylonia, +being divided for that purpose into some twelve chapters, and entitled, +after the Semitic custom, _Ninu ilu sirum_, from its opening words. In +Assyria also, in the seventh century B.C., it was studied in a different +edition, apparently under the name of 'The Judgments of Righteousness +which Hammurabi, the great king, set up.' These facts point to it as +certain to affect Jewish views before and after the Exile, in a way that +we may expect to find as fundamental as the Babylonian influence in +cosmology or religion. + +For many years fragments have been known, have been studied, and from +internal evidence ascribed to the period of the first dynasty of Babylon, +even called by the name Code Hammurabi. It is just cause for pride that +Assyriology, so young a science as only this year to have celebrated the +centenary of its birth, is able to emulate astronomy and predict the +discovery of such bright stars as this. But while we certainly should +have directed our telescopes to Babylonia for the rising of this light +from the East, it was really in Elam, at Susa, the old Persepolis, that +the find was made. The Elamites were the great rivals of Babylonia for +centuries, and it seems likely that some Elamite conqueror carried off +the stone from a temple at Sippara, in Babylonia. + +However that may be, we owe it to the French Government, who have been +carrying on explorations at Susa for years under the superintendence of +M. J. de Morgan, that a monument, only disinterred in January, has been +copied, transcribed, translated, and published, in a superb quarto +volume, by October. The ancient text is reproduced by photogravure in a +way that enables a student to verify word by word what the able editor, +Father V. Scheil, _Professeur a l'Ecole des Hautes-Etudes_, has given as +his reading of the archaic signs. The volume, which appears as _Tome +IV., Textes Elamites-Semitiques_, of the _Memoires de la Delegation en +Perse_ (Paris, Leroux, 1902), is naturally rather expensive for the +ordinary reader. Besides, the rendering of the eminent French savant, +while distinguished by that clear, neat phrasing which is so charming a +feature of all his work, is often rather a paraphrase than a translation. +The ordinary reader who desires to estimate for himself the importance of +the new monument will be forced to wonder how and why the same word in +the original gets such different renderings. Prolonged study will be +needed to bring out fully the whole meaning of many passages, and it may +conduce to such a result to present the public with an alternative +rendering in an English dress. Needless to say, scholars will continue +to use Scheil's edition as the ultimate source, but for comparative +purposes a literal translation may be welcome as an introduction. + +The monument itself consists of a block of black diorite, nearly eight +feet high, found in pieces, but readily rejoined. It contains on the +obverse a very interesting representation of the King Hammurabi, +receiving his laws from the seated sun-god Samas, 'the judge of heaven +and earth.' Then follow, on the obverse, sixteen columns of writing with +1114 lines. There were five more columns on this side, but they have +been erased and the stone repolished, doubtless by the Elamite conqueror, +who meant to inscribe his name and titles there. As we have lost those +five columns we may regret that he did not actually do this, but there is +now no trace of any hint as to who carried off the stone. On the reverse +side are twenty-eight columns with more than 2500 lines of inscription. + +A great space, some 700 lines, is devoted by the king to setting out his +titles, his glory, his care for his subjects, his veneration of his gods, +and incidentally revealing the cities and districts under his rule, with +many interesting hints as to local cults. He also invokes blessing on +those who should preserve and respect his monument, and curses those who +should injure or remove it. A translation of this portion is not given, +as it is unintelligible without copious comment and is quite foreign to +the purpose of this book, which aims solely at making the Code +intelligible. + +I desire to express my obligations to Dr. F. Carr for his many kind +suggestions as to the meaning of the Code. + +The Index will, it is hoped, serve more or less as a digest of the Code. +One great difficulty of any translation of a law document must always be +that the technical expressions of one language cannot be rendered in +terms that are co-extensive. The rendering will have implications +foreign to the original. An attempt to minimise misconceptions is made +by suggesting alternative renderings in the Index. Further, by labelling +a certain section, as the law of incest, for example, one definitely +fixes the sense in which the translation is to be read. Hence it is +hoped that the Index will be no less helpful than the translation in +giving readers an idea of what the Code really meant. + +No doubt this remarkable monument will be made the subject of many +valuable monographs in the future, which will greatly elucidate passages +now obscure. But it was thought that the interest of the subject +warranted an immediate issue of an English translation, which would place +the chief features of the Code before a wider public than those who could +read the original. The present translation is necessarily tentative in +many places, but it is hoped marks an advance over those already +published. + +Dr. H. Winckler's rendering of the Code came into my hands after this +work was sent to the publishers, and I have not thought it necessary to +withdraw any of my renderings. In some points he has improved upon +Professor Scheil's work, in other points he is scarcely so good. But any +discussion is not in place here. I gratefully acknowledge my obligations +to both, but have used an independent judgment all through. I hope +shortly to set out my reasons for the differences between us in a larger +work. A few of Dr. Winckler's renderings are quoted in the Index, and +marked--Winckler's tr. + +C. H. W. JOHNS. + +CAMBRIDGE, +_January_ 31, 1903. + + + + +THE TEXT OF THE CODE + + +section 1. If a man weave a spell and put a ban upon a man, and has not +justified himself, he that wove the spell upon him shall be put to death. + +section 2. If a man has put a spell upon a man, and has not justified +himself, he upon whom the spell is laid shall go to the holy river, he +shall plunge into the holy river, and if the holy river overcome him, he +who wove the spell upon him shall take to himself his house. If the holy +river makes that man to be innocent, and has saved him, he who laid the +spell upon him shall be put to death. He who plunged into the holy river +shall take to himself the house of him who wove the spell upon him. + +section 3. If a man, in a case pending judgement, has uttered threats +against the witnesses, or has not justified the word that he has spoken, +if that case be a capital suit, that man shall be put to death. + +section 4. If he has offered corn or money to the witnesses, he shall +himself bear the sentence of that case. + +section 5. If a judge has judged a judgement, decided a decision, +granted a sealed sentence, and afterwards has altered his judgement, that +judge, for the alteration of the judgement that he judged, one shall put +him to account, and he shall pay twelvefold the penalty which was in the +said judgement, and in the assembly one shall expel him from his +judgement seat, and he shall not return, and with the judges at a +judgement he shall not take his seat. + +section 6. If a man has stolen the goods of temple or palace, that man +shall be killed, and he who has received the stolen thing from his hand +shall be put to death. + +section 7. If a man has bought silver, gold, manservant or maidservant, +ox or sheep or ass, or anything whatever its name, from the hand of a +man's son, or of a man's slave, without witness and bonds, or has +received the same on deposit, that man has acted the thief, he shall be +put to death. + +section 8. If a man has stolen ox or sheep or ass, or pig, or ship, +whether from the temple or the palace, he shall pay thirtyfold. If he be +a poor man, he shall render tenfold. If the thief has nought to pay, he +shall be put to death. + +section 9. If a man who has lost something of his, something of his that +is lost has been seized in the hand of a man, the man in whose hand the +lost thing has been seized has said, 'A giver gave it me,' or 'I bought +it before witnesses,' and the owner of the thing that is lost has said, +'Verily, I will bring witnesses that know my lost property,' the buyer +has brought the giver who gave it him and the witnesses before whom he +bought it, and the owner of the lost property has brought the witnesses +who know his lost property, the judge shall see their depositions, the +witnesses before whom the purchase was made and the witnesses knowing the +lost property shall say out before God what they know; and if the giver +has acted the thief he shall be put to death, the owner of the lost +property shall take his lost property, the buyer shall take the money he +paid from the house of the giver. + +section 10. If the buyer has not brought the giver who gave it him and +the witnesses before whom he bought, and the owner of the lost property +has brought the witnesses knowing his lost property, the buyer has acted +the thief, he shall be put to death; the owner of the lost property shall +take his lost property. + +section 11. If the owner of the lost property has not brought witnesses +knowing his lost property, he has lied, he has stirred up strife, he +shall be put to death. + +section 12. If the giver has betaken himself to his fate, the buyer +shall take from the house of the giver fivefold as the penalty of that +case. + +section 13. If that man has not his witnesses near, the judge shall set +him a fixed time, up to six months, and if within six months he has not +driven in his witnesses, that man has lied, he himself shall bear the +blame of that case. + +section 14. If a man has stolen the son of a freeman, he shall be put to +death. + +section 15. If a man has caused either a palace slave or palace maid, or +a slave of a poor man or a poor man's maid, to go out of the gate, he +shall be put to death. + +section 16. If a man has harboured in his house a manservant or a +maidservant, fugitive from the palace, or a poor man, and has not +produced them at the demand of the commandant, the owner of that house +shall be put to death. + +section 17. If a man has captured either a manservant or a maidservant, +a fugitive, in the open country and has driven him back to his master, +the owner of the slave shall pay him two shekels of silver. + +section 18. If that slave will not name his owner he shall drive him to +the palace, and one shall enquire into his past, and cause him to return +to his owner. + +section 19. If he confine that slave in his house, and afterwards the +slave has been seized in his hand, that man shall be put to death. + +section 20. If the slave has fled from the hand of his captor, that man +shall swear by the name of God, to the owner of the slave, and shall go +free. + +section 21. If a man has broken into a house, one shall kill him before +the breach and bury him in it (?). + +section 22. If a man has carried on brigandage, and has been captured, +that man shall be put to death. + +section 23. If the brigand has not been caught, the man who has been +despoiled shall recount before God what he has lost, and the city and +governor in whose land and district the brigandage took place shall +render back to him whatever of his was lost. + +section 24. If it was a life, the city and governor shall pay one mina +of silver to his people. + +section 25. If in a man's house a fire has been kindled, and a man who +has come to extinguish the fire has lifted up his eyes to the property of +the owner of the house, and has taken the property of the owner of the +house, that man shall be thrown into that fire. + +section 26. If either a ganger or a constable, whose going on an errand +of the king has been ordered, goes not, or hires a hireling and sends him +in place of himself, that ganger or constable shall be put to death; his +hireling shall take to himself his house. + +section 27. If a ganger or a constable, who is diverted to the +fortresses of the king, and after him one has given his field and his +garden to another, and he has carried on his business, if he returns and +regains his city, one shall return to him his field and his garden, and +he shall carry on his business himself. + +section 28. If a ganger or a constable who is diverted to the fortresses +of the king, his son be able to carry on the business, one shall give him +field and garden and he shall carry on his father's business. + +section 29. If his son is young and is not able to carry on his father's +business, one-third of the field and garden shall be given to his mother, +and his mother shall rear him. + +section 30. If a ganger or a constable has left alone his field, or his +garden, or his house, from the beginning of his business, and has caused +it to be waste, a second after him has taken his field, his garden, or +his house, and has gone about his business for three years, if he returns +and regains his city, and would cultivate his field, his garden, and his +house, one shall not give them to him; he who has taken them and carried +on his business shall carry it on. + +section 31. If it is one year only and he had let it go waste, and he +shall return, one shall give his field, his garden, and his house, and he +shall carry on his business. + +section 32. If a ganger or a constable who is diverted on an errand of +the king's, a merchant has ransomed him and caused him to regain his +city, if in his house there is means for his ransom, he shall ransom his +own self; if in his house there is no means for his ransom, he shall be +ransomed from the temple of his city; if in the temple of his city there +is not means for his ransom, the palace shall ransom him. His field, his +garden, and his house shall not be given for his ransom. + +section 33. If either a governor or a magistrate has taken to himself +the men of the levy, or has accepted and sent on the king's errand a +hired substitute, that governor or magistrate shall be put to death. + +section 34. If either a governor or a magistrate has taken to himself +the property of a ganger, has plundered a ganger, has given a ganger to +hire, has stolen from a ganger in a judgement by high-handedness, has +taken to himself the gift the king has given the ganger, that governor or +magistrate shall be put to death. + +section 35. If a man has bought the cattle or sheep which the king has +given to the ganger from the hand of the ganger, he shall be deprived of +his money. + +section 36. The field, garden, and house of a ganger, or constable, or a +tributary, he shall not give for money. + +section 37. If a man has bought the field, garden, or house of a ganger, +a constable, or a tributary, his tablet shall be broken and he shall be +deprived of his money. The field, garden, or house he shall return to +its owner. + +section 38. The ganger, constable, or tributary shall not write off to +his wife, or his daughter, from the field, garden, or house of his +business, and he shall not assign it for his debt. + +section 39. From the field, garden, and house which he has bought and +acquired, he may write off to his wife or his daughter and give for his +debt. + +section 40. A votary, merchant, or foreign sojourner may sell his field, +his garden, or his house; the buyer shall carry on the business of the +field, garden, or house which he has bought. + +section 41. If a man has bartered for the field, garden, or house of a +ganger, constable, or tributary, and has given exchanges, the ganger, +constable, or tributary shall return to his field, garden, or house, and +shall keep the exchanges given him. + +section 42. If a man has taken a field to cultivate and has not caused +the corn to grow in the field, and has not done the entrusted work on the +field, one shall put him to account and he shall give corn like its +neighbour. + +section 43. If he has not cultivated the field and has left it to +itself, he shall give corn like its neighbour to the owner of the field, +and the field he left he shall break up with hoes and shall harrow it and +return to the owner of the field. + +section 44. If a man has taken on hire an unreclaimed field for three +years to open out, and has left it aside, has not opened the field, in +the fourth year he shall break it up with hoes, he shall hoe it, and +harrow it, and return to the owner of the field, and he shall measure out +ten _GUR_ of corn _per GAN_. + +section 45. If a man has given his field for produce to a cultivator, +and has received the produce of his field, and afterwards a thunderstorm +has ravaged the field or carried away the produce, the loss is the +cultivator's. + +section 46. If he has not received the produce of his field, and has +given the field either for one-half or for one-third, the corn that is in +the field the cultivator and the owner of the field shall share according +to the tenour of their contract. + +section 47. If the cultivator, because in the former year he did not set +up his dwelling, has assigned the field to cultivation, the owner of the +field shall not condemn the cultivator; his field has been cultivated, +and at harvest time he shall take corn according to his bonds. + +section 48. If a man has a debt upon him and a thunderstorm ravaged his +field or carried away the produce, or the corn has not grown through lack +of water, in that year he shall not return corn to the creditor, he shall +alter his tablet and he shall not give interest for that year. + +section 49. If a man has taken money from a merchant and has given to +the merchant a field planted with corn or sesame, and said to him, +'Cultivate the field, reap and take for thyself the corn and sesame which +there is,' if the cultivator causes to grow corn or sesame in the field, +at the time of harvest the owner of the field forsooth shall take the +corn or sesame which is in the field and shall give corn for the money +which he took from the merchant, and for its interests and for the +dwelling of the cultivator, to the merchant. + +section 50. If the field was cultivated or the field of sesame was +cultivated when he gave it, the owner of the field shall take the corn or +sesame which is in the field and shall return the money and its interests +to the merchant. + +section 51. If he has not money to return, the sesame, according to its +market price for the money and its interest which he took from the +merchant, according to the standard fixed by the king, he shall give to +the merchant. + +section 52. If the cultivator has not caused corn or sesame to grow in +the field, he shall not alter his bonds. + +section 53. If a man has neglected to strengthen his bank of the canal, +has not strengthened his bank, a breach has opened out itself in his +bank, and the waters have carried away the meadow, the man in whose bank +the breach has been opened shall render back the corn which he has caused +to be lost. + +section 54. If he is not able to render back the corn, one shall give +him and his goods for money, and the people of the meadow whose corn the +water has carried away shall share it. + +section 55. If a man has opened his runnel to water and has neglected +it, and the field of his neighbour the waters have carried away, he shall +pay corn like his neighbour. + +section 56. If a man has opened the waters, and the plants of the field +of his neighbour the waters have carried away, he shall pay ten _GUR_ of +corn _per GAN_. + +section 57. If a shepherd has caused the sheep to feed on the green +corn, has not come to an agreement with the owner of the field, without +the consent of the owner of the field has made the sheep feed off the +field, the owner shall reap his fields, the shepherd who without consent +of the owner of the field has fed off the field with sheep shall give +over and above twenty _GUR_ of corn _per GAN_ to the owner of the field. + +section 58. If from the time that the sheep have gone up from the +meadow, and the whole flock has passed through the gate, the shepherd has +laid his sheep on the field and has caused the sheep to feed off the +field, the shepherd who has made them feed off the field one shall watch, +and at harvest time he shall measure out sixty _GUR_ of corn _per GAN_ to +the owner of the field. + +section 59. If a man without the consent of the owner of the orchard has +cut down a tree in a man's orchard, he shall pay half a mina of silver. + +section 60. If a man has given a field to a gardener to plant a garden +and the gardener has planted the garden, four years he shall rear the +garden, in the fifth year the owner of the garden and the gardener shall +share equally, the owner of the garden shall cut off his share and take +it. + +section 61. If the gardener has not included all the field in the +planting, has left a waste place, he shall set the waste place in the +share which he takes. + +section 62. If the field which has been given him to plant he has not +planted as a garden, if it was corn land, the gardener shall measure out +corn to the owner of the field, like its neighbour, as produce of the +field for the years that are neglected, and he shall do the ordered work +on the field and return to the owner of the field. + +section 63. If the field was unreclaimed land, he shall do the ordered +work on the field and return it to the owner of the field and measure out +ten _GUR_ of corn _per GAN_ for each year. + +section 64. If a man has given his garden to a gardener to farm, the +gardener as long as he holds the garden shall give to the owner of the +garden two-thirds from the produce of the garden, and he himself shall +take one-third. + +section 65. If the gardener does not farm the garden and has diminished +the yield, he shall measure out the yield of the garden like its +neighbour. + +NOTE.--Here five columns of the monument have been erased, only the +commencing characters of column xvii. being visible. The subjects of +this last part included the further enactments concerning the rights and +duties of gardeners, the whole of the regulations concerning houses let +to tenants, and the relationships of the merchant to his agents, which +continue on the obverse of the monument. [See page 58.] Scheil estimates +the lost portion at 35 sections, and following him we recommence with + +section 100. . . . the interests of the money, as much as he took, he +shall write down, and when he has numbered his days he shall answer his +merchant. + +section 101. If where he has gone he has not seen prosperity, he shall +make up and return the money he took, and the agent shall give to the +merchant. + +section 102. If a merchant has given to the agent money as a favour, and +where he has gone he has seen loss, the full amount of money he shall +return to the merchant. + +section 103. If while he goes on his journey the enemy has made him quit +whatever he was carrying, the agent shall swear by the name of God and +shall go free. + +section 104. If the merchant has given to the agent corn, wool, oil, or +any sort of goods, to traffic with, the agent shall write down the price +and hand over to the merchant; the agent shall take a sealed memorandum +of the price which he shall give to the merchant. + +section 105. If an agent has forgotten and has not taken a sealed +memorandum of the money he has given to the merchant, money that is not +sealed for, he shall not put in his accounts. + +section 106. If an agent has taken money from a merchant and his +merchant has disputed with him, that merchant shall put the agent to +account before God and witnesses concerning the money taken, and the +agent shall give to the merchant the money as much as he has taken +threefold. + +section 107. If a merchant has wronged an agent and the agent has +returned to his merchant whatever the merchant gave him, the merchant has +disputed with the agent as to what the agent gave him, that agent shall +put the merchant to account before God and witnesses, and the merchant +because he disputed the agent shall give to the agent whatever he has +taken sixfold. + +section 108. If a wine merchant has not received corn as the price of +drink, has received silver by the great stone, and has made the price of +drink less than the price of corn, that wine merchant one shall put her +to account and throw her into the water. + +section 109. If a wine merchant has collected a riotous assembly in her +house and has not seized those rioters and driven them to the palace, +that wine merchant shall be put to death. + +section 110. If a votary, a lady, who is not living in the convent, has +opened a wine shop or has entered a wine shop for drink, that woman one +shall burn her. + +section 111. If a wine merchant has given sixty _KA_ of best beer at +harvest time for thirst, she shall take fifty _KA_ of corn. + +section 112. If a man stays away on a journey and has given silver, +gold, precious stones, or treasures of his hand to a man, has caused him +to take them for transport, and that man whatever was for transport, +where he has transported has not given and has taken to himself, the +owner of the transported object, that man, concerning whatever he had to +transport and gave not, shall put him to account, and that man shall give +to the owner of the transported object fivefold whatever was given him. + +section 113. If a man has corn or money upon a man, and without consent +of the owner of the corn has taken corn from the heap or from the store, +that man for taking of the corn without consent of the owner of the corn +from the heap or from the store, one shall put him to account, and he +shall return the corn as much as he has taken, and shall lose all that he +gave whatever it be. + +section 114. If a man has not corn or money upon a man and levies a +distraint, for every single distraint he shall pay one-third of a mina. + +section 115. If a man has corn or money upon a man and has levied a +distraint, and the distress in the house of his distrainer dies a natural +death, that case has no penalty. + +section 116. If the distress has died in the house of his distrainer, of +blows or of want, the owner of the distress shall put his merchant to +account, and if he be the son of a freeman (that has died), his son one +shall kill; if the slave of a free-man, he shall pay one-third of a mina +of silver, and he shall lose all that he gave whatever it be. + +section 117. If a man a debt has seized him, and he has given his wife, +his son, his daughter for the money, or has handed over to work off the +debt, for three years they shall work in the house of their buyer or +exploiter, in the fourth year he shall fix their liberty. + +section 118. If he has handed over a manservant or a maidservant to work +off a debt, and the merchant shall remove and sell them for money, no one +can object. + +section 119. If a debt has seized a man, and he has handed over for the +money a maidservant who has borne him children, the money the merchant +paid him the owner of the maid shall pay, and he shall ransom his maid. + +section 120. If a man has heaped up his corn in a heap in the house of a +man, and in the granary a disaster has taken place, or the owner of the +house has opened the granary and taken the corn, or has disputed as to +the total amount of the corn that was heaped up in his house, the owner +of the corn shall recount his corn before God, the owner of the house +shall make up and return the corn which he took and shall give to the +owner of the corn. + +section 121. If a man has heaped up corn in the house of a man, he shall +give as the price of storage five _KA_ of corn _per GUR_ of corn _per +annum_. + +section 122. If a man shall give silver, gold, or anything whatever, to +a man on deposit, all whatever he shall give he shall shew to witnesses +and fix bonds and shall give on deposit. + +section 123. If without witness and bonds he has given on deposit, and +where he has deposited they keep disputing him, this case has no remedy. + +section 124. If a man has given silver, gold, or anything whatever to a +man on deposit before witnesses and he has disputed with him, one shall +put that man to account, and whatever he has disputed he shall make up +and shall give. + +section 125. If a man has given anything of his on deposit, and where he +gave it, either by housebreaking or by rebellion, something of his has +been lost, along with something of the owner of the house, the owner of +the house who has defaulted all that was given him on deposit and has +been lost, he shall make good and render to the owner of the goods, the +owner of the house shall seek out whatever of his is lost and take it +from the thief. + +section 126. If a man has lost nothing of his, but has said that +something of his is lost, has exaggerated his loss, since nothing of his +is lost, his loss he shall recount before God, and whatever he has +claimed he shall make up and shall give to his loss. + +section 127. If a man has caused the finger to be pointed against a +votary, or a man's wife, and has not justified himself, that man they +shall throw down before the judge and brand his forehead. + +section 128. If a man has married a wife and has not laid down her +bonds, that woman is no wife. + +section 129. If the wife of a man has been caught in lying with another +male, one shall bind them and throw them into the waters. If the owner +of the wife would save his wife or the king would save his servant (he +may). + +section 130. If a man has forced the wife of a man who has not known the +male and is dwelling in the house of her father, and has lain in her +bosom and one has caught him, that man shall be killed, the woman herself +shall go free. + +section 131. If the wife of a man her husband has accused her, and she +has not been caught in lying with another male, she shall swear by God +and shall return to her house. + +section 132. If a wife of a man on account of another male has had the +finger pointed at her, and has not been caught in lying with another +male, for her husband she shall plunge into the holy river. + +section 133. If a man has been taken captive and in his house there is +maintenance, his wife has gone out from her house and entered into the +house of another, because that woman has not guarded her body, and has +entered into the house of another, one shall put that woman to account +and throw her into the waters. + +section 134. If a man has been taken captive and in his house there is +no maintenance, and his wife has entered into the house of another, that +woman has no blame. + +section 135. If a man has been taken captive and in his house there is +no maintenance before her, his wife has entered into the house of another +and has borne children, afterwards her husband has returned and regained +his city, that woman shall return to her bridegroom, the children shall +go after their father. + +section 136. If a man has left his city and fled, after him his wife has +entered the house of another, if that man shall return and has seized his +wife, because he hated his city and fled, the wife of the truant shall +not return to her husband. + +section 137. If a man has set his face to put away his concubine who has +borne him children or his wife who has granted him children, to that +woman he shall return her her marriage portion and shall give her the +usufruct of field, garden, and goods, and she shall bring up her +children. From the time that her children are grown up, from whatever is +given to her children they shall give her a share like that of one son, +and she shall marry the husband of her choice. + +section 138. If a man has put away his bride who has not borne him +children, he shall give her money as much as her dowry, and shall pay her +the marriage portion which she brought from her father's house, and shall +put her away. + +section 139. If there was no dowry, he shall give her one mina of silver +for a divorce. + +section 140. If he is a poor man, he shall give her one-third of a mina +of silver. + +section 141. If the wife of a man who is living in the house of her +husband has set her face to go out and has acted the fool, has wasted her +house, has belittled her husband, one shall put her to account, and if +her husband has said, 'I put her away,' he shall put her away and she +shall go her way, he shall not give her anything for her divorce. If her +husband has not said 'I put her away,' her husband shall marry another +woman, that woman as a maidservant shall dwell in the house of her +husband. + +section 142. If a woman hates her husband and has said 'Thou shalt not +possess me,' one shall enquire into her past what is her lack, and if she +has been economical and has no vice, and her husband has gone out and +greatly belittled her, that woman has no blame, she shall take her +marriage portion and go off to her father's house. + +section 143. If she has not been economical, a goer about, has wasted +her house, has belittled her husband, that woman one shall throw her into +the waters. + +section 144. If a man has espoused a votary, and that votary has given a +maid to her husband and has brought up children, that man has set his +face to take a concubine, one shall not countenance that man, he shall +not take a concubine. + +section 145. If a man has espoused a votary, and she has not granted him +children and he has set his face to take a concubine, that man shall take +a concubine, he shall cause her to enter into his house. That concubine +he shall not put on an equality with the wife. + +section 146. If a man has espoused a votary, and she has given a maid to +her husband and she has borne children, afterwards that maid has made +herself equal with her mistress, because she has borne children her +mistress shall not sell her for money, she shall put a mark upon her and +count her among the maidservants. + +section 147. If she has not borne children her mistress may sell her for +money. + +section 148. If a man has married a wife and a sickness has seized her, +he has set his face to marry a second wife, he may marry her, his wife +whom the sickness has seized he shall not put her away, in the home she +shall dwell, and as long as she lives he shall sustain her. + +section 149. If that woman is not content to dwell in the house of her +husband, he shall pay her her marriage portion which she brought from her +father's house, and she shall go off. + +section 150. If a man to his wife has set aside field, garden, house, or +goods, has left her a sealed deed, after her husband her children shall +not dispute her, the mother after her to her children whom she loves +shall give, to brothers she shall not give. + +section 151. If a woman, who is dwelling in the house of a man, her +husband has bound himself that she shall not be seized on account of a +creditor of her husband's, has granted a deed, if that man before he +married that woman had a debt upon him, the creditor shall not seize his +wife, and if that woman before she entered the man's house had a debt +upon her, her creditor shall not seize her husband. + +section 152. If from the time that that woman entered into the house of +the man a debt has come upon them, both together they shall answer the +merchant. + +section 153. If a man's wife on account of another male has caused her +husband to be killed, that woman upon a stake one shall set her. + +section 154. If a man has known his daughter, that man one shall expel +from the city. + +section 155. If a man has betrothed a bride to his son and his son has +known her, and he afterwards has lain in her bosom and one has caught +him, that man one shall bind and cast her into the waters. + +section 156. If a man has betrothed a bride to his son and his son has +not known her, and he has lain in her bosom, he shall pay her half a mina +of silver and shall pay to her whatever she brought from her father's +house, and she shall marry the husband of her choice. + +section 157. If a man, after his father, has lain in the bosom of his +mother, one shall burn them both of them together. + +section 158. If a man, after his father, has been caught in the bosom of +her that brought him up, who has borne children, that man shall be cut +off from his father's house. + +section 159. If a man who has brought in a present to the house of his +father-in-law, has given a dowry, has looked upon another woman, and has +said to his father-in-law, 'Thy daughter I will not marry,' the father of +the daughter shall take to himself all that he brought him. + +section 160. If a man has brought in a present to the house of his +father-in-law, has given a dowry, and the father of the daughter has +said, 'My daughter I will not give thee,' he shall make up and return +everything that he brought him. + +section 161. If a man has brought in a present to the house of his +father-in-law, has given a dowry, and a comrade of his has slandered him, +his father-in-law has said to the claimant of the wife, 'My daughter thou +shalt not espouse,' he shall make up and return all that he brought him, +and his comrade shall not marry his wife. + +section 162. If a man has married a wife and she has borne him children, +and that woman has gone to her fate, her father shall have no claim on +her marriage portion, her marriage portion is her children's forsooth. + +section 163. If a man has married a wife, and she has not granted him +children, that woman has gone to her fate, if his father-in-law has +returned him the dowry that that man brought to the house of his father- +in-law, her husband shall have no claim on the marriage portion of that +woman, her marriage portion belongs to the house of her father forsooth. + +section 164. If his father-in-law has not returned him the dowry, he +shall deduct all her dowry from his marriage portion and shall return her +marriage portion to the house of her father. + +section 165. If a man has apportioned to his son, the first in his eyes, +field, garden, and house, has written him a sealed deed, after the father +has gone to his fate, when the brothers divide, the present his father +gave him he shall take, and over and above he shall share equally in the +goods of the father's house. + +section 166. If a man, in addition to the children which he has +possessed, has taken a wife, for his young son has not taken a wife, +after the father has gone to his fate, when the brothers divide, from the +goods of the father's house to their young brother who has not taken a +wife, beside his share, they shall assign him money as a dowry and shall +cause him to take a wife. + +section 167. If a man has taken a wife, and she has borne him sons, that +woman has gone to her fate, after her, he has taken to himself another +woman and she has borne children, afterwards the father has gone to his +fate, the children shall not share according to their mothers, they shall +take the marriage portions of their mothers and shall share the goods of +their father's house equally. + +section 168. If a man has set his face to cut off his son, has said to +the judge 'I will cut off my son,' the judge shall enquire into his +reasons, and if the son has not committed a heavy crime which cuts off +from sonship, the father shall not cut off his son from sonship. + +section 169. If he has committed against his father a heavy crime which +cuts off from sonship, for the first time the judge shall bring back his +face; if he has committed a heavy crime for the second time, the father +shall cut off his son from sonship. + +section 170. If a man his wife has borne him sons, and his maidservant +has borne him sons, the father in his lifetime has said to the sons which +the maidservant has borne him 'my sons,' has numbered them with the sons +of his wife, after the father has gone to his fate, the sons of the wife +and the sons of the maidservant shall share equally in the goods of the +father's house; the sons that are sons of the wife at the sharing shall +choose and take. + +section 171. And if the father in his lifetime, to the sons which the +maidservant bore him, has not said 'my sons,' after the father has gone +to his fate the sons of the maid shall not share with the sons of the +wife in the goods of the father's house, one shall assign the maidservant +and her sons freedom; the sons of the wife shall have no claim on the +sons of the maidservant for servitude, the wife shall take her marriage +portion and the settlement which her husband gave her and wrote in a deed +for her and shall dwell in the dwelling of her husband, as long as lives +she shall enjoy, for money she shall not give, after her they are her +sons' forsooth. + +section 172. If her husband did not give her a settlement, one shall pay +her her marriage portion, and from the goods of her husband's house she +shall take a share like one son. If her sons worry her to leave the +house, the judge shall enquire into her reasons and shall lay the blame +on the sons, that woman shall not go out of her husband's house. If that +woman has set her face to leave, the settlement which her husband gave +her she shall leave to her sons, the marriage portion from her father's +house she shall take and she shall marry the husband of her choice. + +section 173. If that woman where she has entered shall have borne +children to her later husband after that woman has died, the former and +later sons shall share her marriage portion. + +section 174. If she has not borne children to her later husband, the +sons of her bridegroom shall take her marriage portion. + +section 175. If either the slave of the palace or the slave of the poor +man has taken to wife the daughter of a gentleman, and she has borne +sons, the owner of the slave shall have no claim on the sons of the +daughter of a gentleman for servitude. + +section 176. And if a slave of the palace or the slave of a poor man has +taken to wife the daughter of a gentleman and, when he married her, with +a marriage portion from her father's house she entered into the house of +the slave of the palace, or of the slave of the poor man, and from the +time that they started to keep house and acquired property, after either +the servant of the palace or the servant of the poor man has gone to his +fate, the daughter of the gentleman shall take her marriage portion, and +whatever her husband and she from the time they started have acquired one +shall divide in two parts and the owner of the slave shall take one-half, +the daughter of a gentleman shall take one-half for her children. If the +gentleman's daughter had no marriage portion, whatever her husband and +she from the time they started have acquired one shall divide into two +parts, and the owner of the slave shall take half, the gentleman's +daughter shall take half for her sons. + +section 177. If a widow whose children are young has set her face to +enter into the house of another, without consent of a judge she shall not +enter. When she enters into the house of another the judge shall enquire +into what is left of her former husband's house, and the house of her +former husband to her later husband, and that woman he shall entrust and +cause them to receive a deed. They shall keep the house and rear the +little ones. Not a utensil shall they give for money. The buyer that +has bought a utensil of a widow's sons shall lose his money and shall +return the property to its owners. + +section 178. If a lady, votary, or a vowed woman whose father has +granted her a marriage portion, has written her a deed, in the deed he +has written her has not, however, written her 'after her wherever is good +to her to give,' has not permitted her all her choice, after the father +has gone to his fate, her brothers shall take her field and her garden, +and according to the value of her share shall give her corn, oil, and +wool, and shall content her heart. If her brothers have not given her +corn, oil, and wool according to the value of her share, and have not +contented her heart, she shall give her field or her garden to a +cultivator, whoever pleases her, and her cultivator shall sustain her. +The field, garden, or whatever her father has given her she shall enjoy +as long as she lives, she shall not give it for money, she shall not +answer to another, her sonship is her brothers' forsooth. + +section 179. If a lady, a votary, or a woman vowed, whose father has +granted her a marriage portion, has written her a deed, in the deed he +wrote her has written her 'after her wherever is good to her to give,' +has allowed to her all her choice, after the father has gone to his fate, +after her wherever is good to her she shall give, her brothers have no +claim on her. + +section 180. If a father to his daughter a votary, bride, or vowed woman +has not granted a marriage portion, after the father has gone to his +fate, she shall share in the goods of the father's house a share like one +son, as long as she lives she shall enjoy, after her it is her brothers' +forsooth. + +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. + +PRINTED BY MORRISON AND GIBB LIMITED, EDINBURGH. + + + +***END OF THE PROJECT GUTENBERG EBOOK THE OLDEST CODE OF LAWS IN THE WORLD*** + + +******* This file should be named 17150.txt or 17150.zip ******* + + +This and all associated files of various formats will be found in: +https://www.gutenberg.org/dirs/1/7/1/5/17150 + + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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