Assault: fatal, to free-woman, 62, 209, 210 to plebeian, 62, 212 to slave, 62, 214 of freeman by slave, 62, 205 of man of higher rank, 62, 202, 203 of pregnant free-woman, causing miscarriage, 62, 209 of plebeian by plebeian, 62, 204 of pregnant plebeian, causing miscarriage, 62, 211 of pregnant slave, causing miscarriage, 62, 213

Assessment of damages. See Damages: by sheep to green crop, 49, 57 to ripe crop, 49, 58 for assault. See Assault, Fines for failing in terms of lease, 48, 42, 44 for lack of professional skill. See Surgeon, Veterinary for neglect. See Neglect tree cut without consent, 50, 59

Assignment for debt: of all the debtor has, 50, z of crop, 48, 49, 49, 50 of date plantation, 50, x of wife, son, or daughter, 52, 117

Assyrian: epochs, 31 estimated proportion of slaves, 182 usages regarding slaves, 171

Attorney: power of, for executing a deed, 69 for representative action, 294 for protecting rights, 293 its use, 44, 7, 292 over funds, 294

Average: crop in damages, 49, 55 rent in damages, 48, 42, 43, 50, 62, 65

Babylonia: boundaries of land, 190 sq. canals, irrigation, 185 early postal system for letters, 309 importance of studying, vii sq. influence of natural features, 184 its epochs, 15, 34, 131, 182 land tenure in, 184 sq. lasting effects of its civilization, vii law later, 69 sq. names in slavery, 177, 178 ownership of land, 185, 186 primitive tenure, 185 sq. proportion of slaves in the population, 182 village lands, 185

Bailiff. See Official: has charge of cropping the farm, 48, 49, 49, 52

Bailment: from minor or slave without bond or witnesses, 44, 7; and penal equals theft, 44, 7

Banishment: as an ancient custom, 98 from the city for incest, 56, 154

Bank, temple the popular place of deposit, 210, 211. See Temple

Beer-seller: bound to summon slanderers and brawlers to palace, 52, 108 gives 60 KA of sakani beer for 50 KA of corn, 52, 111 prosecuted and drowned, 52, 108

Beer-shop: closed against votaries, 52, 110 drink to be not cheaper than corn, 52, 108 not allowed for unlawful assemblies, 52, 109 regulation of, 52, 108-110 votary forbidden, 52, 110

Benefice: may be assigned to son, 46, 29 deputed, 46, 27-29 forfeited by neglect or disuse, 47, 30 may not be assigned for debt, 47, 39 bequeathed, 47, 38 given for ransom, 47, 32 given in exchange, 48, 41 may not be bequeathed or assigned for debt, 47, 38, 39 may not be given in exchange, 48, 41 penalty for its abuse or neglect, 46, 27-29, 47, 30, 31 price paid for it forfeited, 47, 35, 37 or alienated, 47, 32 sq.; by sale, 47, 32 sq.

Bennu, slave disease, 67, 280, 170

Bequest: power of, restrained, 56, 150 free, 56, 150

Betrothed: betrothal in early life, 132 maiden in her father's house, 54, 130, 132 marriage ceremony, 132 seduction of, 54, 130, 132, 134

Bibliography: Arsacide Period, 402 Macedonian Period, 402 New Babylonian Empire, 399 Persian Period, 401

Bigamy: considered as a custom, 134 in ignorance, 54, 135

Boat: building of, 64, 234 fast, hired, 67, 276 in collision, 64, 240 one of 60 GUR hired, 67, 277 value in trading, 284, 285 wreck of, 64, 235-238

Boatmen, carriers and builders, their duties and responsibilities, 64, 234 sq.

Bond, written deed or contract sealed: Assyrian, of great length, 231 body of the deed uniform, 229 deed of house sale, 241 destroyed on payment, 260 drawn by scribe, 83 for adoption, signed and sealed, 155 for debt, 49, 52 for deed of gift to son, 57, 165 for legal marriage, 54, 128 for legal purchase, 44, 7 for rent due, 48, 47 for storage, 53, 122 in marriage contract, 130 in Sumerian or in Semitic, 229 interests safeguarded, 232 its value as a legal witness, 80 sq. kept how and where, 12 legal memoranda in security, 10, 12, 282 marriage contracts, few met with, 137 marriage deed of gift, 56, 150 notary's fee for, 231 of herdsman, 66, 264 often the subject in pledge, 263 power of attorney for sealing, 69 preserved in temple archives, 227 production of, 112 specifications of items, 230, 231 earnest-money to close the bargain, 230 specimen deed of sale, 228 to daughter of concubine, 60, 183 to votary's dowry from her father, 59, 178, 60, 179, 180, 181 usually in duplicate, 12 valuable for information, 236, 242, 247 with free gifts, 219

Boundary stones, 191 as inviolable landmarks, 191, 192 description of, in deeds, 238 street named as boundary, 241 usually rectangular, 238

Branding, brander, 63, 226, 227, 176 on forehead for slander, 53, 127, 176 on freeman escaped from levy-master, 176 or tattooing a slave, 176, 177 slave without owner's consent, 63, 226, 227 son's wife branded and sold, 140

Brawling in beer-shop, 52, 109

Breach: of contract by lessee, 48, 42, 44 of promise of marriage, 57, 159, 124

Bribery punished, 321

Bride-price: and marriage-portion, 55, 138, 57, 159, 123 sq., 129 and trousseau, 129 assessed at one mina of silver as price of divorce, 55, 139, 125 assessed at one-third mina of silver if plebeian, 55, 140 deducted from marriage-portion, 57, 166, 124 given back to barren wife when divorced, 55, 138 its ceremonial presentation, 124, 128 its principle considered, 123, 124, 125, 128, 130 negotiations regarding the payment, 125, 126, 128 reserved from father's estate for minor son, 57, 166, 127, 130 retained by bride's father, 57, 159 returned double, 57, 160, 161, 124

Bronze lancet, for surgical operations, 63, 215, 218, 220

Builder, his duties and responsibilities, 63, 228, 64, 229 sq.

Burglary, with death penalty, 44, 6, 46, 21

Burial vault in a house, 245

Burning as penalty: man and mother in incest, 56, 157 thief in the same fire, 46, 25

Buyer must discharge duties of subject, 48, 40

Buying and selling, general law of, 44, 7, 45, 9-12

Calling to account: for intromissions, 52, 108-116, 53, 124 for neglect, 48, 42 in divorce case, 55, 141 in nursing, 61, 194 in prosecution, 66, 265

Canals: used in trading, 284, 285, 319, 320, 321 digging, 383, 24

Cappadocian tablets, 29

Captives: by enemy for ransom, 47, 32 in war, 54, 133, 135 question as to marriage relations, 54, 133, 135

Caravans, their place in trading, 282, 283

Carrier's responsibilities, 52, 112 fivefold restitution, 52, 112

Cataract, operations for, 63, 215, 218, 220

Chedorlaomer, supposed reference to, 316, 318

Children. See Inheritance: age of at majority, 149 betrothed, remained in the father's house, 149 born of supposed widow remain with second husband, 54, 135 commonly educated, 153 could be preferred by father, 57, 165, 148 daughters under the father's disposing, 148 dedicated to temple, 224 legitimate and illegitimate, 134 may receive bequest from their mother, 56, 150 of different mothers share equally in their father's estate, 58, 167 of different mothers share equally in their own mother's estate, 58, 167 of divorced mothers, their legal rights, 54, 137 of second wife take one-third of the property, 71 of slave and free-woman provided for, 59, 175, 176 of wife and maid may share equally, 58, 170 of wife or those of the maid made free, 58, 171 punishment of unfilial conduct in, 61, 195, 149 sacrifice of by fire, 233 schools for and education of, 152, 153 sold into slavery, 178 status of, in the inheritance, 58, 170, 171 their childhood and early life considered, 151-153 their obligations and rights, 148 sq., their relation to paternal rights, 52, 117, 148 under the mother at their father's death, 149, 150

Chronology: Assyria, 397, 398 "of the king," 25 system of the tablets, 23 tables of, 396-398

Coin. See Loans: current, 253

Collision of boats, law of, 64, 240

Commerce, how controlled by the State, 324

Commission, trade on, 51, 100-105. See Agent, Merchant

Compensation: as granted by the court, 99 for eviction of tenant, 50, Y for highway robbery, 46, 23 of official, 76

Composition: for bride-price, 55, 139 for loss of life, 52, 116

Comrade: breaks off a marriage by calumny, 57, 161, 124 shall not marry the girl, 57, 161, 124

Concubine: divorced, free to marry, 54, 137, 135 had marriage-portion, 134 her daughter, dowered by deed, shall not share in father's estate, 60, 183, 135 her daughter, if not dowered, shall be presented with marriage-portion, 60, 184 if a mother and divorced, her legal rights, 54, 137, 135 if a mother, cannot be sold, 55, 146, 135 if childless, may be sold, 55, 147, 135 may receive a slave-mark, 55, 146, 135 must not rival wife, 55, 145, 135 not equal in status to votary, 55, 144-147, 135 restrictions on her marriage, 55, 144-147

Concubinage as a system, 134, 135

Conjugal rights, denial of, 55, 142, 142 denial of, counted equal to desertion, 142 liable to judicial inquiry, 142

Contracts, old, their present value, xii sq.

Corn: cultivated and paid in rent, 48, 49 given on loan, 253 tithed to the temple, 208 under charge of the bailiff, 48, 49, 49, 52 with sesame, 48, 49, 49, 50-52

Corporate liability, 46, 23, 47, 32

Corvee. See Militia

Cow in milk, on hire, 65, 243

Courts of law: cases before, 87 form of procedure, 83 sq., 87 sq. nature and action, 80 sq. penalties from, 95 settlements out of, 87, 111

Creditor. See Merchant, Debtor: cannot take property without owner's leave, 52, 113 in marital responsibilities, 56, 151, 152 may not pay himself without debtor's consent, 52, 113 may sell pledged slave, 53, 118 must restore all illegally taken, 52, 113; and forfeits his claim, 52, 113 punishable for cruel treatment of hostage, 52, 116 responsible for fair treatment of hostage, 52, 115

Criminal law, 116-118

Crop: in pledge for debt, 48, 48 its duties, 49, 49-52 kinds cultivated, 48, 44, 46, 48, 49, 49, 50, 51, 52

Cultivation: duties and rent, 48, 42 sq. of field described, 48, 43, 44

Custody of child in mother, 46, 29

Cutting down trees, assessment of damage, one-half mina of silver, 50, 59

Damage to crops: by cutting down trees, one-half mina of silver per tree, 50, 59 by flood assessed at average crop, 49, 55; assessed at 10 GUR of corn for each GAN of land, 49, 56 by sheep assessed at 20 GUR of corn for each GAN of land, 49, 57; assessed at 60 GUR of corn for each GAN of land, 49, 58

Damages due. See Fines: for flooding from open dike wall, 49, 53, 54, 55, 56 for illegal eviction, 50 not a fine, 91 to deceased's relatives, one mina of silver, 46, 24

Death: of defendant, 45, 12 of housebreaker, 46, 21

Death penalty: by burning, 56, 157, 97 by drowning of a woman, 56, 155, 97, 143 by strangling, 56, 155 considered as an ancient custom, 96 for adultery, 54, 133, 142 for alleged purchase of lost property, 45, 10 for allowing seditious meetings in beer-shop, 52, 109 for appropriation of lost property, 45, 9 for buying from minor or slave, 44, 7 for conniving at her husband's murder, impaling, 56, 152 for dereliction of official duty, 46, 26, 47, 33 for employing a substitute in official duty, 46, 26, 47, 33 for harboring fugitive slaves, 5, 16; to default the forced labor, 45, 16 for highway robbery, 46, 22 for housebreaking, 46, 21 for kidnapping a child, 45, 14 for oppressing subordinates, 47, 34 for perjury, 44, 3 for procuring desertion of slaves, 45, 15 for rape of betrothed maiden, 54, 130 for receiving stolen goods, 44, 6 for repudiating her husband, 141, 143 for retaining captured slave, 46, 19 for sacrilegious theft, 44, 6 for slander and stirring up strife, 45, 11 for theft and unable to pay, 44, 8 for theft at a fire, 46, 25 for undutifulness and slander, drowning, 55, 143, 143 for witchcraft, 44, 1 on adulterers, 54, 129 on builder for bad work, 64, 229 on builder's son, 64, 230 on votary frequenting beer-shop, 52, 110

Debt: abatement for damages by storm, deluge, or drought, 48, 48 creditor to have no call for year's interest, 48, 48 debtor's obligation not lessened, 49, 52 laws of Mancipium, 52, 115-117, 53, 118, 119 question of ante-nuptial, 56, 151 property held as security for, 263. See Pledges

Debtor: how secured against illegal process, 52, 113; illegal distraint, 52, 114 may pay in kind, 51, Z

Debts: of husband and wife, mutual obligations, 56, 152 question of pre-nuptial, 56, 151

Decision of judge in lawsuit, 91, 92

Decisions, legal, considered, 100 sq.

Dedication: of land to temple, 223, 224; to secure divine favor, 223, 224

Deed. See Bond: of gift, with bond, 72, E settlement on wife, 132 with the gifts, 222 sq.

Defamation of comrade, 57, 161

Deferred payment of debt, 48, 48

Degradation from judgeship, 44, 5

Deification of river Euphrates, 44, 2 the sacred river, 44, 2

Deposit: how recoverable, 53, 123 from minor or slave, how made legal, 44, 7 made in temple for safety and banking, 211 sq.

Desertion: by wife, 54, 133 by husband, who returned to claim the property, 102, 144 involuntary, of wife by husband, 54, 133, 143 of adoptive parents, 61, 193 of city and wife, 54, 136

Detention of slave, penalty death, 46, 19

Diary of a journey, 380

Dike: burst and meadow was flooded, 49, 53 to be cared for, 199

Disinheritance: by adoptive parents, 157, 160, 167; done before the judge, 58, 168, 157, 160 by due legal process, 58, 168, 149, 167 carried out before a judge, 167 of adopted child, not complete, 167 of adoptive parents, 61, 192, 193, 150, 159 of mother by her son, 149 of son by his father, 42, III, 149, 167 of son by his mother, 42, IV, 149, 150 of son laid before a judge for inquiry, 58, 168, 167 of son-in-law, 57, 159 repudiation and reduction to the condition of slave, 166, 39

Distraint. See Mancipium: death of person in, 52, 115, 116 fine for illegal, one-third mina of silver, 52, 114; of working ox, fine one-third mina of silver, 64, 241 illegal on warehoused goods, 53, 120 security against illegal, 52, 114

District or city: for ransom of official, 47, 32 liable for highway robbery, 46, 23

Divorce: as regulated by the Code, 141 custody of the children to the wife, 141 easiest form of, 55, 138, 143 easy for the man, difficult for the woman, 141 grounds of, 141 laws of, 54, 137, 55, 138 legal ceremony, 134 man must give wife or concubine a maintenance, 141 might marry again, 141 of concubine, 54, 137; of votary, 54, 137 price of divorce, 55, 139, 142 protection of the wife's rights, 140, 141 retains right to her marriage-portion, 141 shares with her children in deceased husband's estate, 141 wife can only divorce by lawsuit, 143 wife takes her bride-price and marriage-portion, 55, 188, 141; if no bride-price, one mina of silver, 55, 139, 141; from plebeian one-third mina, 55, 140

Doctor. See Surgeon, Veterinary: fees for curing, 63, 215-221 paid by assailant, 62, 206 penalties, 63, 218-220 privileges and responsibilities, 63, 215-221

Donations and bequests: as alienation of property, 218 sq. in Assyria, 222 in second Babylonian Empire, 222 to temple a free gift, 223 to the chief priest of the temple, 223

Dowry. See Marriage-portion

Drowning. See Death Penalty: as a penalty, considered, 97, 117, 143 as penalty for selling drink too cheap, 52, 108 for desertion of husband, 54, 133 for repudiating her husband, 143 penalty for adultery, 54, 133 penalty for incest, 56, 155 penalty on undutiful and slanderous wife, 55, 143

Duplicate: of court decision, 87 of tablet, 79

Ear cut off as penalty, 62, 205

Education in ancient Babylonia, 151-153 interpretation of signs on the monuments, 165 phrase-books, 151, 152, 153 schools, 152 slaves were apprenticed, 152 writing and use of word-phrases, 152

Elam, Elamites, troubles of, 360 sq.

Elamite contracts, 30

Elders as assessors to the judges, 80 sq.

Endowment of temples by kings, 195, 208 sq.

Entailed. See Family: family property, 122, 184 land, 184

Equals, assault on, 62, 200, 203, 204

Esarhaddon, King of Assyria: his long absences, 371 inquiries about oracles, 379 letter from, 360 sequence in his family, 366, 375, 376 son of Sennacherib, 108, 369

Estates, great, plans of, 249

Evicted: purchaser reimbursed, 45, 9 tenant reimbursed, 50, Y

Exchange of benefice illegal, 48, 41

Expulsion of judge for altering judgment, 44, 5

Eye torn out, 61, 193 fee for cure of, ten shekels of silver, 63, 215 in diseased state, 63, 215 knocked out by assailant, 62, 196 loss of eye assessed at half value of slave, 63, 220 operated on with bronze lancet, 63, 215

False judgment: claims for money or goods, 51, 106, 107, 53, 126 penalty for, 44, 5 witness, 44, 3, 4

Family: alienation of property restricted by its rights, 219 attachment to ancestors, 120, 132 descendants of artisans, 120 in guilds of trade, 121 property entailed, 122 registration by father or master of the house, 128 registration of birth, marriage, and death, 128 relations of, centred in marriage, 119 sq. registration of descent of, 121, 128, 132

Family life, responsibilities of, to the community, 122

Family laws, Sumerian, 9

Farm. See Lease: conditions of tenancy, 276 fields rented, 276 house rented, 275 rental variable, 275 taken on shares, 276

Fatal assaults, 62, 207, 208, 210, 214

Father. See Children, Wife: disinheriting a son, 58, 168, 169 giving dowry to a daughter, votary of Marduk, 59, 60 rights, duties, and responsibilities of, 148 sq.

Father-in-law: and son-in-law not to quarrel over the marriage-portion, 72, E if guilty of incest, 56, 155, 156 responsibilities of, to intended son-in-law, 57, 159-161

Fees, to surgeon: for limb or bowels cured, five shekels of silver, 63, 221 for same on plebeian, three shekels of silver, 63, 222 for same on slave, two shekels of silver, 63, 223 for serious operation on cataract, ten shekels of silver, 63, 215 for same on plebeian, five shekels of silver, 63, 216 for same on man's slave, two shekels of silver, 63, 217 for storage of corn, 53, 120, 121 to builder, two shekels of silver for each SAR built on, 63, 228 to builder of boat, sixty GUR per man, two shekels of silver, 64, 234 to veterinary, for curing ox or ass, one-sixth shekel of silver, 63, 224

Field. See Land: in relation to real property, 189

Fines imposed for: assault on patrician, one mina of silver, 62, 204 assault on plebeian, ten shekels of silver, 62, 203 assault on pregnant free-woman, miscarried, ten shekels, 62, 209 assault on pregnant plebeian woman, miscarried, five shekels, 62, 211 assault on pregnant slave, miscarried, two shekels, 62, 213 defrauding, 60 GUR of corn for each GAN, 65, 255 fatal assault by mischance, one-half mina of silver, 62, 207 fatal assault on plebeian, one-third mina of silver, 62, 208 fatal assault on plebeian, pregnant, 62, 212 fatal assault on pregnant slave, one-third mina of silver, 62, 214 illegal distraint, one-third mina of silver, 52, 114 imposing distraint on working ox, one-third mina of silver, 64, 241 not guarding against viciousness of bull, one-half mina of silver, 65, 251; if slave killed, one-third mina of silver, 65, 252 patrician's servant's eye or limb, half his value, 62, 199 plebeian's eye or limb, one mina of silver, 62, 198 plebeian's tooth, one-third mina of silver, 62, 201 seducing son's betrothed, one-half mina of silver, 56, 156 theft of shadduf, or a plough, three shekels of silver, 66, 260 theft of watering machine, five shekels of silver, 66, 259

Fire, theft at, its penalty, 46, 25

Fishing rights, how regulated, 328

Floods, flooding, by rain, 48, 45, 48

Food-stuffs: accounts of, 301 request for, 336

Forced labor. See Militia

Forfeitures: ancient custom in law courts, 95 for excessive cruelty, 52, 116 for illegal seizure, 52, 113 for illegalities, 47, 35, 37, 59, 177 for neglect, 65, 255, 256

Foster-mother: her duties and liabilities, 61, 194 penalty, 61, 194

Freedom to: betrothed, after seduction, 56, 156 brander, if deceived, 63, 227 concubine, after bringing up her children, 54, 137 hostage for debt, in fourth year, 52, 117 widow, if persecuted by her children, 58, 172

Freemen made slaves, 177, 178

Fugitive slave, 45, 16, 46, 17 or plebeian, 45, 16

Garden plot. See Land, Sales: in relation to real property, 189 leasing and working, 50, 60-65 sold as stocked, 247, 248 stock, vegetables, 247, 248

Gens, its relation to the family, 120. See Family

Gifts: as conditioned, 219 as duly executed, signed, and sealed, 219 as pin-money to a wife, 221 as restricted, 219 by father to daughter, 220 dedication to temple as free gift, 223 to friends and relatives open to suspicion, 223

God: a party in every case in court, 90 has struck ox to death, 65, 249 oaths by, 186, 187 his temple the first centre of civilization, 186

Goring by ox, 65, 250, 251

Gouging out eye, 62, 196, 198 as penalty, 62, 196

Governor, prefect: duties and responsibilities, 47, 33 sq. liable to the death penalty, 47, 33 may not alienate or appropriate public property, 47, 33 sq.

Granary or barn, safe against creditor, 52, 113

Guarantees. See Pledges: against defects in slave, 269; suits at law, 270; theft, 269 joint responsibility, 269 regarding slaves, 174 sq. See Slavery securities for debt, 268 security for appearance, as of witness, 268, 269 value of securities, 270

Guilds: of trade, 121 rival, 121

Guilty knowledge by buyer of stolen goods, 45, 10

Hammurabi: as an administrator, 317 brought back the goddesses, 319, 320 building enterprises, 318 care for temple revenues, 317 cares for canals, 320, 321 Code of laws, 44-67; its bibliography, 6 sq.; its value, 4, 5; its condition, 6; history of its text, 5 decides about taxes, 323, 324 epilogue to the Code, 389, 392 letters of, summarized, 316 sq.; belong to the first dynasty of Babylon, 316; their importance, 316 sq. ordering the calendar, 317 private property, 318 prologue to the Code, 389, 390 punishes bribery, 321 redresses wrong, 321 supervises justice, 318

Hand of God, loss by, 48, 45, 46, 48

Hands cut off as penalty: for branding slave without leave, 63, 226; careless operation of surgeon, 63, 218; striking father, 61, 195

Harboring fugitive slave, 45, 16

Heirs, their reversionary rights, 221

Highway robbery, 46, 22-24 city or district responsible, 46, 22-24 penalty, 46, 22 redress for, 46, 23, 2

Hire. See Labor, Wages: by king's standard, 49, 51 of boat, 3 SE of silver per diem, 67, 275; fast boat, 2-1/2 SE of silver per diem, 67, 276; freight-boat of 60 GUR, 67, 277 of slave, adjustment of wages, 271 of slave, 271 wages or hire fixed for: artisan, 5 SE of silver per diem, 67, 274 ass for threshing, 10 KA of corn per diem, 66, 269 boatman, 6 GUR of corn per annum, 64, 239 builder, (?) SE of silver per diem, 67, 274 carpenter, 4 SE of silver per diem, 67, 274 field laborer, 8 GUR of corn per annum, 65, 257 herdsman or shepherd, 8 GUR of corn per annum, 66, 261 laborer, first five months, 6 SE of silver per diem, 66, 273 laborer, last seven months, 5 SE of silver per diem, 66, 273 milch cow, 3 GUR of corn per annum, 65, 243 ox herd, 6 GUR of corn per annum, 65, 258 ox for threshing, 20 KA of corn per diem, 66, 268 oxen, wagon, and driver, 160 KA of corn per diem, 66, 271 potter, 5 SE of silver per diem, 67, 274 ropemaker, 4 SE of silver per diem, 67, 274 slave, 10 KA of corn per diem, 42, VII stone-cutter, (?) SE of silver per diem, 67, 274 tailor, 5 SE of silver per diem, 67, 274 wages and time limit, 272, 273 wagon alone, 40 KA of corn per diem, 272 working ox, 4 GUR of corn per annum, 65, 242 young animal for threshing, 1 KA of corn per diem, 66, 270

Hiring, risks in: bull, known to be vicious, kills freeman, one-half mina of silver, 62, 251 bull, known to be vicious, kills slave, one-third mina of silver, 62, 252 bull, mad and gores, the owner free, 65, 250 ox, broken horn or torn muzzle or tail cut off, quarter the value of ox, 65, 248 ox, cut or broken leg, ox for ox, 65, 246 ox, died from the elements, on affidavit man is free, 65, 249 ox gored to death or killed by blows, ox for ox, 65, 245 ox, loses an eye, half the value of ox, 65, 247 ox or ass killed by lion in open field, owner's risk, 65, 244 slave killed, one-third mina of silver, 65, 252

Hostage for debt. See Mancipium

Housebreaking, its penalties, 44, 6, 46, 21, 53, 125

Houses: block of, in Nineveh, 245 bought as area of land, 187, 188 burial vault in, 245 contracts for building, 240 cost, 246 deed of sale, 241 description for sale, 240 in relation to land, 188 plans of, and description, 239 price, 243 side buildings, 246 size, 246 various parts of, 244

Hypothecation, law of, 48, 49

Identification of lost property, 45, 9

Ignorance, plea of, 62, 206, 63, 227

Illegal purchase and its penalty, 47, 35, 37

Impaling: as a penalty considered, 97 death penalty to wife for conniving at her husband's murder, 56, 153

Incest: crime of, 56, 154-158 of man and daughter, 56, 156 penalty, man banished the city, 56, 156 of man and daughter-in-law, 56, 155, 156 penalty, man strangled and woman drowned, 56, 155 of man and his mother, 56, 157 penalty, both burnt, 56, 157 of man and step-mother, 56, 158 penalty, to be cut off from his father's house, 56, 158 of man and woman betrothed to his son, 56, 156 penalty, half mina of silver and marriage-portion, 56, 156

Inheritance. See Marriage: implied in adoption, 157, 160 of sons by second marriage, 71, D rights of, considered, 161 sq. succession by law of descent, 121

Interest: by the king's standard, 49, 51 calculated by the merchant, 51, 100 on bond to creditor, 48, 48, 255 on temporary loan, 251, 255 on use of corn, 256 postponed for a year, 48, 48 relations between interest and profit, 265

Iron, mention of, 302

Judge: acts on marriage-portions, 72, E, G duties and liabilities, 44, 5, 45, 9, 13, 53, 127, 59, 177, 72, 73, 80 sq., 102 sq. his position in ancient Babylonia, 80 sq. how the case was submitted, 88 inquires in interest of children of first marriage, 59, 177 list of sentences and decisions by, 102 name of officials in Assyrian times, 106 to witness branding, 53, 127

Judgment, false. See False: by default, 45, 13 not to be altered, 44, 5

Kidnapping, 45, 14

King: could impress laborers, 205 endowed temples, 195, 208 sq. gave loans, 258; often before harvest, or at seed-time, 258 granted privileges, 195 had power of life, 54, 129 his power over lands, 192; limited, 192; limited by rights of private property, 192, 193 made large land grants, 193, 194 power to pardon, 330 presents made between kings, 131 probably wrote, 308

King's standard of money, 49, 51

Kudur, Governor of Erech, letters of, 356, 357, 358, 359

Labor, forced. See Militia: free, in demand, 269 guaranteed, 272 in competition, 269 time hired, 269

Lancet. See Bronze

Land: as a field, 189 as garden, 189 ancestral domain, claimed, 187 boundary stones, 191 dedication to a temple, 223 different from personal property, 184 sq. different kinds of real property, 187 entailed property, 184 great estates, 249; their plans, 249 hired or let on shares, 197 how described for identification, 237 in relation to houses, 188 its individuality, 190, 191 king's power over, 192 landmarks, 191 leases, 198 loans on, 197 obligations of many kinds, 205 ownership of cultivated, 185 primitive tenure, 185 sale of, 187 sq., 227 sq. settled hamlet, temple, etc., 186 sold subject to its dues, 187 systems of measurement, 189 by the yield, 190 tenure in Babylonia, 114, 184 sq. terms applied to, 188, 189 the Metayer system, 65, 253-256, 196 the purchaser, how protected, 228 under manorial obligations, 199 village, 185

Landlord. See Metayer, Temple: loans to tenants, 211 risks, 48, 46

Landmarks, inviolable, not to be encroached upon, 191

Lease, tenancy, tenant, farm: abatements for losses by flood, etc., 48 allowances, 277 damages incurred, 48, 42 sq. different forms of, 198; fixed rent, 198; improving lease, 198, 277 duties and responsibilities of, 48, 42 sq. field to cultivate, 48, 42, 43 garden on five-year lease, 50, 60 land on three-year lease, 48, 44 life, rare, 278 not invalidated by neglect to cultivate, 49, 52; but damages to be given, 50, 63 of property generally, 275 sq.; farm-house, 275; rental variable, 275 questions of rent and adjustments, 49, 50-52, 277 rights as between money-lender and owner of farm, 48, 49 rent due at harvest-time, 48, 47, 49 risks are the farmer's, 48, 45 as between owner and tenant, 48, 46 stipulations, 277 subletting, 48, 47 tenant cannot be evicted, or can have damages, 50, Y

Leather, accounts of, 301

Legal: decisions, 100 sq.; defects in slaves, 171; difficult to classify, 101 legal procedure in Babylon illustrated, 108 sq.

Letters and letter-writing in Babylonia, 307 sq. about Elam and southern Babylonia, 360-364 Assyrian, 312 business, and orders, 382 sq. Cappadocian, 312 classification of, 314 colloquial phrasing, 308, 309 difference in deciphering, 309 elliptical phrases, 309 form of letter, baked clay, 307 its envelope, 307 its date, 307 from the last year of Shamash-shum-ukin, 347-352 q.v. historical value of, 314 love-letter, 336 methods of securing privacy, 307 miscellaneous Assyrian, 365-381 of Abeshu', 328 of Ammi-ditana, 328 of Ammi-zaduga, 329 of first Babylonian dynasty, 310 of Hammurabi, q.v. of Samsu-iluna, 327 q.v. of Sin-iddinam, 316, 329 of subsequent period, 311 of Tell el Amarna, 311 of the second Babylonian Empire, 382-385 old Babylonian, 336 other letters, 330 postal system for, 309 private, 308 private, of first Babylonian dynasty, 331 sq. regarding affairs in southern Babylonia, 353-359 royal, 315 Sennacherib to his father Sargon, 338-346 q.v. style of address, 308 translations of, 313 variations of formula in, 308

Levy-master, warrant-officer, tributary. See Militia: brands an escaped slave, 176 his duty and privilege, 46, 26-29, 47, 30-39

Lion, destruction by, 65, 244, 66, 266

Litigation not encouraged, 95

Loans. See Metayer, Trading: by merchants and agents, 281 sq. for payment of taxes, 252 from the temple, 252 giving pledges as security, 262, 263 in series of advances, 234 made by the king, 258 of corn, 253, 258, 259 of current coin, 253 of material or property, 256 of oil, 257 of other produce, 253, 259 of property on approval, 256 of wine, 257 of working material, 255 on exchange, 255 on land, 197. See Land on pledges named, 264. See Pledges on promissory notes, 251 on usual interest, 255 sq. on vineyard of slaves, 264 receipts for, 295 receipts for repayment of, 259 records of, 253 temporary, at harvest-time, 251 value of preserved bonds, 250 sq.

Local liability for: compensation for highway robbery, 46, 23, 24, 115 redemption of captive official, 47, 32

Loss: by God's hand, 65, 249, 66, 266 by housebreaking or rebellion, 53, 125 of claim in court, 98 or no claim allowed, 99 of crop, shared by landlord, 48, 45 of flock or herd, 63, 226 of hired animals, 65, 245, 249 of interest, 48, 48

Lost property: pretence of losing, how punished, 53, 126 recovery by owner, 45, 9 sale by finder equals theft, 45, 9

Lying in claiming goods, 45, 9-13

Magistrate, city or district governor, is liable for crime within the bounds, 46, 23, 24

Maid. See Slave: given by votary to husband to have children, 55, 144 her children free, 58, 171; how made equal to wife's, 58, 170 may be sold if childless, 55, 146 not to be sold if a mother, 55, 146 not to rival her mistress, 55, 146 penalty, to receive the slave-mark, 55, 146

Maintenance: of concubine and divorced wife, 54, 137 of wife secured, 54, 133-135

Mancipium, hostage to work off debt: difference in free born or slave, 52, 116 in natural death, 52, 115 in violent death, 52, 116 slave may be sold by creditor, 53, 118 redeemed by debtor, 53, 119 but not if mother of creditor's children, 53, 119 wife, son, or daughter free in fourth year, 52, 117

Manslaughter: by blow in quarrel, 62, 207, 208 of hostage, 52, 116 penalty, if a slave, one-third mina of silver, 52, 116

Manufacturing partnership, 292

Marduk: at Babylon, 78 had votaries at Babylon, 60, 182 oath by, 92, 165 of Eridu, 133

Marking. See Branding: other than slaves, 177 slaves, 176

Marriage: bride given away usually by the father, 126; sometimes by the mother or brother, 126, 127; or by agnates, 127 ceremony, 132, 133 fatherless girls in, 137 home and home-going, 133 monogamy and polygamy, 134 not quite free to man or woman, 127 of king's daughter, 137 of second wife in the time of the first wife, 56, 148 of two sisters to one man, 138, 139 preliminaries, 128 presents and payments, 130-132 registration, 128 role of contracting parties, 126 the bond of the family organization, 119 sq. unhappy, and its results, 142 votaries, 137 wife required father-in-law's consent, 128 with attached conditions, 140 husband to maintain mother-in-law, 140 dower his wife if he sends her away, 140 wife to be thrown from a pillar if she leaves him, 140

Marriage conditions. See Children, Marriage, Share, Widow, Wife: at a definite place, "wedding-house," 128 in ancient Babylonia, 119 sq. presents to the parents of the bride, 128 questions owing to unfaithfulness, 54-56 having concubines and maids, 54, 137, 55, 138 sq. registration, 128 suitor rejected through slander, 57, 161 there must be marriage contract, 54, 128, 119

Marriage contract. See Bond: ceremonies, 132 sq. preliminaries, 123 sq.

Marriage-portion. See Bride-price, Marriage: accompanies widow to a second husband, 73, H, 127 belongs to her and all her children, 73, H, 130 belongs to the children only, 57, 162, 130, 134 by "deed of gift," as pin-money, 132 good against husband's heirs, 132 but forfeited by second marriage, 132 childless widow takes it from the estate, 72, G could not be reclaimed as against children, 130 doubt in case of free wife of slave, 50, 175 father cannot reclaim against children, 57, 162, 130 in lands, oxen, furniture, etc., 131 its nature, 129, 130 its relation to the bride-price, 71, C lawsuit about, 132 less bride-price, if not repaid to husband, 57, 164, 124 nature of, 130 of concubine, 134 presented to concubine's daughter, 60, 184 receipts for the payment of, 131 returned to injured wife, 55, 142 invalid wife, 56, 149 returned to the wife's father's house, 72, F, 122, 124 returned to wife's father, if no children, 57, 163, 124 separate estate, 55, 138, 142, 56, 149, 156, 57, 162, 163, 59, 174-176, 61, 184, 72, 73, 122, 127 sq., 219 settlement of, by bride's father, 71, C, 219 shall be adjudged an equivalent, 72, G shared by children of both marriages, 58, 173, 71; or by children of first only, 58, 174 taken by widow to second husband, 59, 172, 127 trousseau, 129 when not paid through inability, 72, E, 131 not to be cause of quarrel, 72, E, 131 when paid in full, 131

Marriages in ancient Babylonia, 114 sq., 123 sq.

Master, rights and duties, 59, 175, 176, 63, 217, 223

Measure: of land by area, 189, 249 by the average yield, 190 of timber or stone, 380

Merchant, agent, money-lender, 79 acting by caravans, 282 bound to receive payment in kind, 51, Z business with agents, 51, 100-107 capital out on speculation, 281, 283 has crop assigned for debt, 50, X has to be reimbursed for ransoming official, 47, 32 his position in ancient Babylonia, 79 trading, 281 sq. his relation to business agent, 281 sq. in a distant transaction, 334, 335 in different relations of business, 48, 49, 49, 50-52, 52, 116-119, 56, 151, 50, X, 51, Z in purchasing foreign slaves, 67, 281 legal memoranda for security, 282 must keep accurate accounts, 51, 100 sharing in the farm with owner, 48, 49, 49, 50, 51 using canals, 284

Metayer. See Land: employed by the temples, 211 form of tenancy, 65, 253-256, 196, 197

Metrology, contributions to, 380

Micheau stone, 131

Militia, statute-labor, corvee. See Slavery: classes subject to, 202, 326 considered as a system, 201 sq. duty and privilege of its officers, 46, 26-29, 47, 30-39, 48, 40-41, 205 forced service, 45, 16, 200, 201 sq. illegal impressment, 325 in the army, 203, 204 service in weaving establishments, 203 some cities were exempted, 202 supplied from slavery, 173, 175, 203

Minor: as incapable, with slave, 44, 7 rights reserved, 161

Miscarriage. See Assault, Fine: aggravation in assault, 62, 209, 211, 213

Money. See Hire, Fines: as earnest to close the bargain, 230 current coin, 253 deferred payments of, 235 letter requesting, 383 precautions in giving and receiving, 51, 105 said to belong to a god, 256

Monogamy. See Marriage: in early days, 134

Mortgages: entire pledging, 266 related to pledges, 265. See Pledges second, debarred, 265 second mortgage secured, 267

Mother: in charge of son's education, 46, 29 incest with, 56, 157 power over children, 148-150

Mutilations, by order of judge, 97

Nabonidus, his place in chronology, 181

Nebuchadrezzar: his chronology, 181, 230, 291 his exploits, 194

Names: clan, from office in the temple, 214 Semitic, 279 show slave's origin or nationality, 178 significant, 176, 177, 178

Notary, his fee for writing out a bond, 231

Nurse, her duties and responsibilities, 61, 194, 153, 155

Oath. See Affidavit, Bond: about foreign slave, 67, 281 as to death of ox, 65, 249 deposit, 53, 120 depreciation, 53, 126 estimate of goods on lost boat, 64, 240 as to loss, 53, 120 by brander, that he was misled, 63, 227 disclaiming evil intention, 62, 206, 207 for confirmation of sale, 233 for purgation, taken by agent, 51, 102, 103, 106; taken by principal, 51, 107; taken by owner of corn, 53, 120 how administered, 92 its purport and where taken, 93, 94 on loss by lightning or lion, 66, 266 to clear from charge of adultery, 54, 131

Octroi duties, 206

Official. See Bailiff: cannot give his benefice in exchange, 48, 40, 41 compensation of official, 76 duties and responsibilities, 46, 26, 27, 47, 30-39, 76 sq. duty and position considered, 76 sq. has his own private rights, 47, 39 holds lands by royal charter, 322 if captured on the king's business, 47, 32 to be ransomed, 47, 32 how the ransom is to be paid, 47, 32 liable to death penalty, 46, 26 may resume use of the benefice, 46, 27 not to appropriate or alienate public property, 47, 33-38 not to be hired out, plundered, or oppressed, 47, 35 not to depute duty, 46, 26 on enforced absence, 46, 27 one year allowed, 47, 30 penalty for neglect, 47, 30, 31 provision for son in absence, 46, 29 rights as against substitutes, 46, 26-29 service of, 77 son may be deputy, 46, 28 the benefice or feoff, 76 three years' limit, 47, 30

Old age provision: by adoption, 155, 158, 160 by son, 224

Omens and predictions, letter illustrative of, 365 sq.

Ordeal by water: considered as a legal custom, 96, 97 for witchcraft, 44, 2 nature of, 44, 2, 54, 132, 97 to purge from slander, 54, 132

Owner's risk in hiring. See Hire: horse killed, at God's hand, 65, 249 loss by lightning or lion, on herdsman's oath, 66, 266 ox or ass, killed in open field, 65, 244

Palace: its relation to the priesthood, 211 sq. place for archives, 322 title for the royal state authority, 61, 187, 192, 193

Partnership: a manufacturing, 292 dissolution of, 288, 291 its earliest appearance, 287 its evidence in Assyrian literature, 290 later Babylonian, 290, 291 its ideogram, 287-289 its relation to capital, 288 old commercial custom, 290 partnership documents, 288 sq. powers of attorney, for protection, 292 reckonings, 291

Patrician, highest class in the state, 74 sq.

Penalties: as demanded for wrong-doing, 96 blood vengeance commuted, 116 for adultery, 117, 118 for perjury in courts of law, 94, 95 imprisoned and bailed out, 117 in courts of law, 94 to prevent failure in contract, 233 woman thrown from a pillar, 140

Penalty due for. See Retaliation, Fines: adultery by a wife, strangling, 54, 129 adultery, drowning, 54, 133 death of hostage slave, one-third of a mina of silver, 52, 116 fatal assault on pregnant woman, death of his daughter, 62, 209 imprudent speech, tongue cut out, 61, 192, 150 incest, mother and son burnt, 56, 157 incest, banished the city, 56, 156 incest, half mina of silver and the marriage-portion, 56, 156 incest, strangling, 56, 155 incest, the man cut off from his father's house, 56, 158 incest, woman drowned, 56, 155 on brander for branding without leave, hands cut off, 63, 226; if deceived, accused is free, 63, 227 son for striking father, hands cut off, 61, 194 slave for striking freeman's privates, ear cut off, 62, 205 veterinary, for loss of ox or ass, one-fourth of its value, 63, 225 wet-nurse for neglect, breasts cut off, 61, 194 permanent injury in a quarrel, pay the doctor, 62, 206 rape of betrothed, death, 54, 130 slander, forehead branded, 52, 127 striking a superior's privates, 60 blows of ox-hide scourge, 62, 202 undutifulness and slander, 55, 143 unnatural conduct, eyes torn out, 61, 193, 150 unsuccessful operation by surgeon, hands cut off, 63, 218; same on slave, slave for slave, 63, 219; loss of slave's eye, half his value, 63, 220

Perjury: in capital trial, has death penalty, 44, 3 in civil case, gives damages, 44, 4, 45, 13, 94

Phrase-books: Babylonian, 8 their plan, 8, 9

Pillar, thrown from, a penalty, 140

Pin-money, gift to a wife, 132, 221

Plaintiff, his position in a case, 88, 89

Plebeian, poor man, between patrician and slave: abduction of slave from, 45, 15 assault by, 62, 204, 208 cheaper divorce, 55, 140 fees paid by, 62, 208, 63, 222 harboring fugitive slave, 45, 16 slave-owner, 45, 15, 59, 175, 176 theft from, 45, 8 value of eye or limb, one mina of silver, 62, 198 value of tooth, one-third mina of silver, 62, 201

Pledges and guarantees. See Loans, Mortgages: an after-pledge, 266, 267 antichretic pledges, 262, 263, 264, 265 complications, 265-268 information meagre, 262 loan on vineyard and of slaves, 264 on service of a maid, 264 on the borrower's service, 264 mortgages, 265 on land to secure a loan, 263 property in satisfaction of debt, 262, 263 the subject held as security, 262, x, xi their relation to the interest, 263 value of the pledge, 265 creditor's responsibility toward it, 265

Polygamy. See Concubinage, Marriage, Monogamy: in Assyrian times, 134 clear evidence of, among serfs and slaves, 134 distinguished from bigamy, 134

Pregnant woman. See Assault, Fine

Price of drink, how regulated, 52, 108, 111

Priest: artificer, 213 his relation to the king, 211, 212 honors paid to the priesthood, 211, 212 public position and duties, 212, 213 slave, 214 steward, 213 warden, 213

Prisoner: pleads for liberty, 331 recaptured slave pleads, 330

Private property, its rights, 192, 193

Produce rent: as agreed upon, 48, 46 of field, on shares, 48, 41-46 of garden, on shares, 50, 64

Promissory notes on loans, 251

Property: alienation of its rights, 218 sq., 227 sq. alienation by sales. See Sales consent of heirs to its disposal, 221 devolution of, by gifts, bequests, 222 sq. importance of studying its alienation, 218, 227 method of describing, for identification, 237 methods of identifying on sale, 228 protection of purchaser from fraud, 228, 235 sales, conditions, payments, 235

Proprietary rights in temple income, 215

Public: forced labor, 45, 16. See Militia obligations, 204

Ransom, of captive official, 47, 32 by himself, 47, 32 by the State, 47, 32 from temple treasury, 47, 32 not from his benefice, 47, 32

Rape of betrothed maiden, 54, 130

Rebellion, loss by, 53, 125

Receipt, sealed document: as taken by agent and depositor, 53, 124, 125, 61, 204, 260, 261 for a fine, 259 for deposits rare, 260, 261 for loan, 295 for repayment of loan, 259

Receiving of stolen goods, death penalty, 44, 6

Records of business transactions, 253. See Bond

Recovery: by power of attorney, 79 of lost property, 45, 9, 10, 53, 124, 125

Redemption. See Mancipium: of maid, held for debt, 53, 119

Refusal: by slave to name his owner, 46, 18 of conjugal rights, 55, 142

Registration: by the master of the house, 128 guarantee of ancestry, 128 of birth, marriage, and death, 128

Remarriage: marriage-portion goes to the children, 59, 173, 174 of divorced woman, 55, 141 of widow, 59, 173

Remission of penalty, 54, 129

Rent: average, made payable, 48, 42, 43, 49, 55, 50, 62, 65 five KA of corn on each GUR of corn, 53, 121 for storage of corn, 53, 121 of garden plot, 50, 60, 61, 62 of unbroken land, on three-year lease, 48, 44 on garden plot, ten GUR of corn for each GAN of land, 50, 63 paid at harvest-time, 48, 47 payments in kind, 48, 47, 49 ten GUR of corn for each GAN of land, 48, 44 wrought on shares, 50, 64, 65

Repatriation of slave, 67, 280, 281

Repudiation: of adoptive parents, 61, 192 of father by son, 41, I of husband by wife, 42, V, 138, 142 of mother by son, 41, II of wife by husband, 42, VI, 138, 142

Responsibility in service: of employer, 42, VII of tenant farmer, and neglect punished, 65, 253-256

Restitution, compensation, damages, reimbursement: accident, builder gives slave for slave, 64, 231 boatman must restore the weak boat, 64, 235; must restore the lost boat, 64, 236; must restore boat and cargo, 64, 237 builder must rebuild, 64, 232 builder of unkeyed wall must rebuild, 64, 233 considered as an ancient custom, 98 death in highway robbery, one mina of silver to relatives, 46, 24 depreciation of property, make it good from the corn hoed, 65, 254 diminishing ox or sheep, give up to the agreements, 66, 264 embezzlement of goods, sheep or ox, tenfold return, 66, 265 fatal operation on slave, slave for slave, 63, 219 fivefold by carrier for goods lost, stolen, or appropriated, 45, 12, 52, 112 loss made good, if herdsman at fault, 66, 267 loss of goods, goods for goods, 64, 231 owner of boat in collision responsible for boat and cargo, 64, 240 ox gored, ox for ox, 65, 246 ox injured seriously, ox for ox, 65, 246 ox or ass lost, restore ox or ass, 66, 263 shadduf, or plough, three shekels of silver, 66, 260 simple, 44, 4, 5, 8, 45, 9, 10, 12 sixfold for overcharging agent, 51, 107 tenfold for theft by poor man, 44, 8 thirtyfold for theft by patrician, 44, 8 threefold for cheating principal, 51, 106 twelvefold for false sentence by judge, 44, 5 twofold for goods in store, 53, 120, 124, 126 twofold for pretence of losing goods, 53, 126 watering machine stolen, five shekels of silver to owner, 66, 259

Retaliation. See Penalties: dishonesty in stewardship, hands cut off, 65, 253 eye for eye, 62, 196 for defrauding, torn to pieces on that field by the oxen, 65, 256 if builder's son dies, builder's son is put to death, 64, 230 if slave is killed, builder gives slave for slave, 64, 231 its principles in Babylonia, 74, 98 limb for limb, 62, 197 slave for repudiating master, ear cut off, 67, 282 tooth for tooth, 62, 200

Return of slave purchased: for defect, 67, 279 within one month for bennu disease, 67, 278

Reward for slave capture, 46, 17

Riparian responsibilities, 49, 53-56, 114, 199, 321

Risks: farmer's, 48, 45, 46 owner's. See Owner tenant's, 48, 45 warehouseman's, 53, 125

Roads, their maintenance, 286

Robbery, highway, 46, 22, 23

Runnel for watering, 49, 55

Sacred river, for ordeal, 44, 2, 54, 132

Sacrifices: shared in by the temple, 210 sometimes sold for cash, 210

Sacrilegious theft from temple, 44, 6, 8

Sale: of crop for debt, 49, 51 of man and goods to pay debt, 49, 53, 54

Sales: agent in, 243 alienation of property, 227 all interests safeguarded in the deed, 232 deferred payments, 235 formal preliminaries, 227 fraud in, 235 gardens, 246, 247, 248 stocked, 247, 248 granaries, 246 occasional use of oath in, 233 of fields in first Babylonian dynasty, 248 in Assyrian times, 248 of houses, 240 sq. See Houses penalties for failure, 233 records at early date, 236 registration of, in temple archives, 227 retention till payment, 225 returned on failure to pay, 235 rights of purchaser, 234 transaction of the business, 227 sq. unimproved land, 246

Samsu-iluna: care for deity, 327 temple dues, 327 his canal dug, 24 letters of, summarized, 327 sq. few in number, 327 their subject, 327 regulates fishing rights, 328 writes on business, 328

Sargon, King of Babylon: his date fixed, 202, 396 letters to, from Sennacherib, his son, 338 sq.

Scandal, met by ordeal, 54, 132

Scourge of ox-hide, 62, 202

Scourging: as a penalty, sixty blows, 63, 202 considered as an ancient custom, 97

Scribe: male and female, 84 not a priest or judge, 84, 85 often a woman, 151 the profession, 83, 151

Seal. See Bond

Seditious meetings not allowed in beer-shops, 52, 109

Seduction: of betrothed daughter-in-law, 54, 130, 56, 155, 132, 134 of slave from service, 45, 15

Sennacherib: father of Esarhaddon, 108, 369 letters to his father, Sargon, 338 sq. argument for identification of writer, 338, 339 relating to Armenia, 338 their value for reconstructing history, 339

Separation: husband deserted home and wife, 55, 142 wife deserted home, belittled husband, etc., 55, 141

Serfs, glebae adscripti, 172, 202 different from slaves, 172, 203 disappearance, 173 hereditary condition, 173, 202

Sesame: crop with corn, 48, 49, 49, 50-52, 208 receipts for, 208

Settlement: for children of second wife, 71, D mutual deeds in, 71, C given by fathers of bride and bride-groom, 71, C of pin-money, 132 on wife by "deed of gift," 132 on wife by husband, 56, 150, 132 on widow, 58, 171, 172 by widow on children, 58, 171 out of court, 87

Shadduf stolen, fine three shekels of silver, 66, 260

Shalmaneser IV., 202

Shamash-shum-ukin: contemporary events, 360 sq., 368 letters illustrating his reign, 347 sq. , 353 sq. son of Esarhaddon, 366

Share. See Bond, Inheritance: belonging to votary or vowed woman, 60, 179-182 between brothers, cases of, 161-165 children of first and second husband share equally in marriage-portion, 59, 173 of first share it all, if no second family, 59, 174 children of maid, if acknowledged by father, share with children of wife, 58, 170; but children of wife take precedence, 58, 170 children of two marriages, 73, K dividing of father's estate, 161 sq. division at father's death, 58, 167; mother's death, 58, 167 divorced wife has a child's part, 54, 137 farmed, leased on shares, 48, 41-46, 270 form of land tenancy, 197 of deceased father's estate to eldest son, 57, 165 of sacrifices by temple, 210 sometimes sold for cash, 210 reversionary interest to brothers, 60, 178 sons of second wife, 91, D widow on remarriage, 73, H with reservation, gift to favorite, 57, 165 wife's marriage present, 56, 150 bride-price for unmarried son, 57, 166 portion for votary sister, 59, 178

Sheep: damage done by, 49, 57, 58 manner of grazing them, 49, 58 sheep-shearing, 300

Shepherd, duties and responsibilities of, 66, 262-267

Shipping: boats hired, 285 its value in trading, 284, 285

Sin-iddinam, letters of, 316, 329

Skins, account of, 301

Slander: against votary or unmarried woman, 53, 127 in capital suit, 44, 3 not to be profitable, 57, 161 of title to property, 45, 11 of wife, to be purged by ordeal, 54, 132 seditious, 52, 109

Slave, one of the three estates, domestic, inferior. See Slavery: a chattel, property, 168 apprenticed, 152, 181 as an institution, 168 sq. assaults freeman, 62, 205 Assyrian usages regarding, 171 sq. authorities upon the system and facts, 168, 169; its history, 169 bad wife reduced to, 55, 141 been gored by a vicious ox, 65, 252 branding or tattooing, 176 child of slave, 203 children to the master, may succeed equally with wife's children, 58, 170; or only obtain their freedom, 58, 171 condemned to forced labor, 45, 16 cure of, master pays bill, 63, 217, 219, 223 different from the serfs, 172 diseases of, bennu, 170 evidence not good against a free man, 179 fees paid for teaching apprentice, 182 foreign born, 178 foreign slaves, 67, 281 free child made slave as a provision for life, 173 fugitive, harboring, 45, 16 guarantees in sale, 174 sq. had much freedom, but bound, 168 had private property, 178, 179 hired laborer, 271. See Hire, Wages her children, how legitimatized, 58, 171, 135 his children free, 59, 175 his obligations to the state, 205 his tablet or name-plate, 177 his widow takes her marriage-portion and half their goods, 59, 175, 135 or at least half the goods for her children, 59, 176 history of one traced, 180 how estimated in Babylonia, 74 sq. if child-bearing, maid could not be sold, 135 in bennu disease, returned on seller, 67, 280 intermarriage and inheritance, 136 laws of capture, 46, 17-20 legal defects, 171 letter on runaway slaves, 330 manumission of slaves, 67, 280 married, 136, 203 marries free woman, 59, 175, 136 master's maid and fruitful, cannot be sold, 53, 119 master apprenticed slave, 182 means of identification, 176, 177 names significant, 177, 178 not free to make bargain, 44, 7 not to rival her mistress, 135 on different footing with concubine, 135 price of, 182 punished, for repudiating his master, by loss of ear, 67, 282 recaptured runaway forfeit to the state, 330 relative proportion in the population, 182 responsibility of seller of, 70 reward for capture and restoration, 46, 17 right to his family and property, 172, 178, 179 rights of, 168 rights and obligations of owners, 46, 17-20 runaway, question of return, 181 sale of, 170 security against defects in, 269 seduction from service, penal, 45, 15 skilled artisan, 173, 181, 182 status, complex, 168, 169, 180, 181 supplied the militia, 173 value estimated, 179, 180 value of female slave's children, 70 widow has one son's share of estate, 58, 172 free at her master's death, 135

Slavery: advantages of, 172, 173 branding, tattooing, 176, 177 children sold into, 178 discussed, relating to Babylonia, 168 sq. guarantees against rebellion, 174 flight, 174 untimely death, 175 unexpected claims, 175 over-exaction in the public service, 175 redemption as men of family, 175 illegal enslavement, 176 means of indicating, 176, 177 modes of entering into, 178 recruited from freemen, 172, 175, 177, 178 relative proportion to the population, 182 sales, 174 significant names in, 177, 178 supplied the army, 173, 203 the militia, corvee, or levy for forced labor, 173

Soldiers: a public obligation, 204 might pay substitutes, 204 their place in the state, 201, 202 their relations to the forced labor, 202, 203 their system, 202

Son: by adoption, 61, 185 sq., 154 sq. disinheritance of, to be inquired into by judge, 58, 168, 169; allowed or disallowed by judge, 58, 168, 169 first crime against father pardoned, 58, 169 his wife abused by his father, 56, 155, 156 must have father's consent to marry, 127, 149 of the royal favorite, royal household, or votary, 61, 187, 192, 193 must be prudent of speech, 61, 192, 193 under penalty, 61, 192, 194 penalty for striking father, hands cut off, 61, 195, 149 privileges as father's substitute, 46, 28, 29 receives deed of gift from father, 57, 165 also his share in estate, 57, 165 rights given by adoption. See Adoption young son, unmarried, to be provided for, 57, 166

State: composed of three classes, 74 having other grades, 76 sq.

Steward: accounts from, 302 temple officer, 213

Stolen goods, retention of equals theft, 45, 10

Strangling, penalty of, 56, 155

Striking. See Assault, Fines: of father by son, 61, 195, 149

Suitor: his relation to bride's parents, 123 rejected, his rights, 57, 160 rejected through calumny by comrade, 57, 161 refuses to marry, 57, 159

Suits of many kinds, 102-107

Suits at law: damages for loss and breach of trust, 107 deposit, 106 family dispute, 104 forged will, 106 for income, 102, 103, 104 gift, 103 house, 104 inheritance, 103, 106 land, 104 legacy, 106 loss of hired ass, 106 over adoption, 106 partnership, 102 property, 102, 103, 104 rent, 106 theft of a bull, 107 theft of four slaves, 107 title to garden, 105 vexatious persecution, 104, 107

Summons to appear in court, 53, 127

Surgeon: operations and fees, 63, 215, 223. See Fees penalties for unsuccessful operations, 63, 218-220

Sworn depositions. See Oath: for lost property, 45, 9, 46, 23, 53, 120 for lost money, 51, 102, 103 for quarrel and striking, 62, 206 on cost of boat and cargo, 64, 240 on gored ox, 65, 249

Tablet: an irrevocable witness, 92 bibliography, 13 as classified, 13 sq. broken, breaking a contract, 91 Cappadocian, 29 contract, its real character, 10 duplicate of, 69, A its form, 10, 11 on loan, its modern value, 250 value for chronology, 250, 251 peculiarity of, on corn loan, 258 present location, 18 sealed, 69, A, 127, 151 served as name-plate, 177 shows the same handwriting throughout, 151 signed by the seal, 151

Tattooing and branding escaped slave, 176

Taxes: loaning money to pay, 252 question of ancient, 115 their collection, 323, 324, 325

Tell el Amarna letters, 14, 311

Temple: a business institution, 211 a place of deposit and traffic, 211 a trading institution, 211, 212, 216, 217 as landowner, 209 centre of civilization, 186, 208 sq. clan names from office in, 214 dedication of children to, 224; of land to, 223; to secure divine favor, 224 endowed by kings, 195, 196 endowments, 215 had large dues, 208, 209, 210 hereditary rights in, 214 its archives for registers, 227 its importance in the state, 208 sq. its relation to ethics, divination, magic, 212, 213 its relation to the palace, 212, 216 its relation to the state, 216 its rights and influences, 186, 193 its slaves were as serfs, 173 its staff and influence, 211, 212 its tithe, 205, 206 its treasuries and storehouses, 211 kings made enforced loans from, 216 large landowner, 173, 193, 208 sq. lending money, 252 loans from, 216 negotiable rights in, 215 officials as witnesses, 86 officials in, 212, 213, 214 origin of the dues, 208, 209 property protected, 44, 6, 8 proprietary rights in income, 215, 216 right to income, 216 shared in the sacrifices, 210 testamentary devolution of property, 224, 225, 226 treasury used for ransom, 47, 32 value of its archives, ix

Tenant. See Lease, Land, Farm: defrauding owner, 65, 255 torn to pieces on the field by the oxen, 65, 256 fixed rent, 198 form of holding, and amenities, 65, 253 forms of tenancy, 184 sq. , 196 sq. his duties and responsibilities, 198 sq. improving lease, 198 on shares, 197 redress from, 65, 254 risks, 48, 45-47

Theft: first order, from temple or house, 44, 6 from deposit, 53, 120 from fire, 46, 25 made good by banker, 53, 125 penalties, 44, 7, 8, 46, 25 recovered from thief, 53, 125 second order, 44, 8 securities against, 269 under Metayer, 65, 253-256

Tithe: evidence needed, xi how paid, 206 to the temple, 205, 206

Title-deed destroyed for illegal purchase, 47, 37

Tongue cut out as penalty, 61, 192, 150

Trading, trade: between capital and labor, 281 its laws, 281 sq. money out on speculation, 51, 102, 103, 281 sq. relations in, by principal and agent, 51, 100-107, 281 sq.

Trespass, law of, 49, 54, 55

Trousseau, bride's, 129

Trust, deposit, storage. See Carrier: care in depositing valuables, 53, 122-126 corn put in store, and amount disputed, 53, 120

Valuables: claim is contested, 53, 123-126 deposited before witnesses, 53, 122-124 on deposit, care of, 53, 122-126

Values: difference of free-born and slave as hostage, 52, 116 sixty KA of sakani beer for fifty KA of corn, 52, 111

Veterinary surgeon: his duties and responsibilities, 63, 224-226 penalty for unsuccessful operation, 63, 225

Vicarious punishments, 98

Village lands and tenure in Babylonia, 185, 186

Votaries: their position, 73, 74 succession of, 159

Votary: a mother and divorced, her legal rights, 54, 137 her children's legal rights, 54, 137 belonging to convent, 52, 110 devoted by mother, 137 donation from father, 219 dowered as for marriage, 59, 178, 130, 219 expected to keep her virginity, 137 free to leave her portion, if allowed by father's deed, 60, 178, 179, 220; otherwise, brothers assume the estate and manage it, 60, 178; or, if not content, she can farm it out, 60, 178; but cannot alienate it from her brothers, 60, 178 frequenting beer-shop, 52, 110 has dowry by deed of free gift from her father, 60, 179, 220 if dedicated to Marduk of Babylon, and not portioned, shall have one-third of child's share, 60, 182 if not given a portion, is entitled to one-third of child's share, 60, 181 leaves property as she pleases, 60, 182, 158 liable to death penalty, 52, 110 low in rank, 137 marriage with, 55, 144, 137 may give maid to her husband, 55, 144; but husband may not marry a concubine, 55, 144; or the concubine will not equal the votary, 55, 145 may sell a barren concubine, 55, 147 must leave share to her brothers, 60, 181 not to be beer-seller, 52, 110 not to be slandered, 53, 127 relation to adopted son, 158 rights in gift made by, 220 shall not admit the concubine to an equality, 55, 146 shall pay no taxes, 60, 182 son of, shall not be reclaimed from adoption, 61, 187

Wages. See Hire, Labor: advances made in lieu of, 273 average, estimated, 271 liable to adjustment, 271 living included, 272 often paid in produce, 272

Warden, temple officer, 213

Warehousing: claims contested, 53, 124, 125 fee or rent, five KA of corn for each GUR of corn, 53, 121 precautions in depositing valuables, 53, 122, 123 responsibilities, 53, 120-126

Weaving: accounts of, 300 establishments, 203

Weights and measures, tables of, 398

Widow: cannot legally sell anything, 59, 177, 145, 147 children of second wife, their rights, 71 children's inheritance, 58, 167-172, 71 could not marry and desert children in minority, 146 without consent of law court, 146 free to marry the man of her choice, 146 gift, made by deed, her own, 58, 171, 105 has, as a portion, one son's share, 58, 172 has right to remain in husband's house, 58, 172, 145 her conduct and character inquired into, 58, 172, 145 her rights, 145-147 marriage-portion her own, 58, 171, 172, 145 may leave, and be married again, 59, 172 can only take her marriage-portion, 58, 171, 172, 59, 172, 145, 146 children of both marriages share equally in the marriage-portion, 59, 173, 174, 145, 146; or, if only one family, 59, 174, 146 may marry again, but children's interests conserved, 59, 177, 145, 146 must give bonds as trustee with second husband, 59, 177, 146 gives inventory of property and obligation to preserve the property, 59, 177, 146

Wife: as trustee of children of first marriage, 59, 177 bad, may be prosecuted, 55, 141 divorced without compensation, 55, 141, 141 sq. reduced to the status of slave, 55, 141 betrothal and marriage ceremony, 132 character of good, 55, 142 childless, her marriage-portion returns to her father's house, 72, F children of second wife take one-third of property, 71, D conniving at her husband's murder, impaled, 56, 153 consent of father-in-law, 128 deceased, her marriage-portion is the children's, 57, 162 degraded to the condition of slave, 142 denies conjugal rights, its complications, 55, 142, 142; may take her marriage-portion and return to her father, 55, 142, 142 deserted by husband, free to marry, 54, 136, 143 desertion by husband, involuntary, 143; by husband, voluntary, 144 divorced, her legal rights, if a mother, 54, 137, 142 if not a mother, 55, 138, 142 dowry and marriage-portion, 128, 129, 130, 131 falsely accused, and cleared by oath, 54 financial responsibilities between husband and wife, 56, 151, 152; question as to ante-nuptial, 56, 151 first home and home-going, 133 her marriage registered, 128 her pin-money, 132 her rights, if sent away, 140, 142 her trousseau, 129 if childless, it returns to her father's house, 57, 163 husband has no claim to it, 57, 163 bride-price to be deducted from the marriage-portion, 57, 163 in monogamy and polygamy, 134 invalid cannot be put away, 56, 148, 142; or divorced, 56, 148, 142; but may claim her marriage-portion and go to her father, 56, 149, 142 laws and conditions of divorce, 141 sq. See Divorce marriage performed at "wedding-house," 128 may be saved by husband from death penalty, 54, 129 may be a votary, 55, 144-146, 137 may claim separation on account of cruelty, 55, 142, 142 may sell a childless concubine, 55, 147, 135 must have marriage contract, 54, 128 not to be slandered, 53, 127 of captive and not maintained, 54, 134, 143 marries another, and returns to first, 54, 135, 143, 144; children remain with their father, 54, 135, 143 penalty for adultery, strangling, 54, 129 results to a bad wife, 142 retains legal power over marriage deed of gift, 56, 150 may leave it to her child, but not to her kindred, 56, 150 rights if a widow, once or twice, 58, 171, 172, 59, 173, 174; and of her children, 59, 172-174 second, different kinds of, 134 second, when allowed, 55, 137, 56, 138-141, 57, 148 shares of two wives and their families, 58, 167 slandered, cleared by ordeal, 54, 132 sold into slavery, 178 son's wife, rude to mother-in-law, may be branded and sold, 140 undutiful and slanderous, may be drowned, 55, 143, 142 widow and childless, takes marriage-portion from the estate, 72, G takes any marriage gift, 72, G and it shall be adjudged an equivalent, 72, G widow, on remarriage, takes her marriage-portion, 73, H is succeeded in her marriage-portion by children of both marriages, 73, H takes her marriage gifts, 73, H

Witchcraft: and ordeal, 44, 2 laws against, 44, 1, 2

Witness: examined on oath, 86 false, in civil suit, pays the expenses, 44, 3 for deposits, 53, 122, 123, 124, 125 must know the lost property, 45, 9 perhaps attached to law court, 81, 85 production of, 111 required for legal purchase, 44, 7, 45, 9 suffers death for perjury, 44, 3 the position considered, 85 time extended for production of, 45, 13 to a bond or deed, 229 to sign or seal, 151

Wool: different kinds of, 299, 300 memoranda regarding, 299

Wounds: cured by surgeon, 63, 215-218 by veterinary surgeon, 63, 224 in quarrel, 62, 206, 207, 63, 218

Writing, Babylonian and Assyrian, 151



FOOTNOTES

1 A. D. D., iii., p. 83.

2 A. D. D., vi., 218.

3 A. B. R., iii., pp. 24 ff.

4 A. B. R., iv., pp. 21 ff.

5 A. B. R., iv., pp. 41 ff.

M1 Character of the available material

6 Pages 147-62.

M2 Division of subject M3 Laws and contracts M4 Letters M5 Chronologically treated M6 The Code of Hammurabi

7 Cf. Appendix.

M7 Later copies

8 B. A. S., III., pp. 473-523.

9 Jurisprudentiae, pp. 5-35.

10 B. A. S., IV., pp. 78-87.

M8 Bibliography of this Code

11 T. and T. Clark, Edinburgh.

M9 Mosaic parallels M10 The legal phrase-books

12 Z. A., VII., p. 16 ff.

M11 Their plan M12 Sumerian family laws

13 Page 115 of Delitzsch's edition.

14 Dr. B. Meissner has made excellent use of them in his Altbabylonische Privatrecht.

15 H. W. B., p. 218a.

M13 Legal documents M14 Real character of the contract tablets M15 Their external form M16 How kept M17 The parties possessing copies M18 Scope of legal documents M19 General works on the subject M20 Different epochs represented M21 Local features M22 Characteristics of each group M23 First period: the early Babylonian

16 Such as that published by Professor G. Barton, in the American Oriental Society's Journal, 1902, pp. 19-28.

17 First published by Professor H. V. Hilprecht, in Old Babylonian Inscriptions, I., plates vi., vii., viii.; again with additions and corrections by Professor V. Scheil, Receuil de Travaux, XXII., p. 29-36.

18 Heft XVI. of the Mittheilungen aus den Orientalischen Sammlungen, Berlin, 1901.

19 Pages vii-xviii and 1-58.

20 From the E. A. Hoffman Collection of Babylonian Clay Tablets in the General Theological Seminary, New York.

21 Pages 322-29.

22 IV., pp. 69-86; V., page 3.

23 III., pp. 118-46.

M24 The second period: the First Dynasty of Babylon

24 Parts I., III., V., VII., IX., X.

25 XVIII., p. 73, XIX., pp. 54 ff., Nos. 1, 3, 11, 17, 20, 46, 48, 56, 330.

26 XVII., p. 30, XIX., p. 58, No. 335.

27 XXII., p. 153 f.

M25 Present location of the tablets: London M26 Paris

28 Pl. 41.

M27 Berlin M28 Philadelphia

29 V., pp. 74-76; and VI., pp. 59, 60.

30 J. S., 41, 42, 43, 142, and Kh. 19, 198.

M29 Constantinople M30 Publications

31 Page 589 f.

32 Page 103 f.

M31 The chronological system M32 Key to the order of events in a reign

33 P. S. B. A., 1884, pp. 193-204.

M33 The chronicle of the king

34 P. S. B. A., XXI., pp. 11-17, January, 1899.

35 Pages 338-409.

36 Pages 342-43.

M34 Other kings mentioned

37 B. A. S., IV., pp. 382 ff.

M35 Era of Isin

38 See Lindl, B. A. S., IV., pp. 384-85.

M36 Various historical identifications

39 B1 58, 346. B2 318, 2439a, 2527, V. A. Th. 863.

40 B2 318.

41 B3 380, 2378.

42 B. A. S., IV., p. 363, foot-note.

43 L. H., III., p. 220, note 16.

M37 The third epoch: the Kassite kings

44 Vol. XIX., pp. 56 ff., Nos. 70, 133, 147, 266, 572.

45 Pages 85-89.

46 B. A. S., II., pp. 111-205.

47 III.1, p. 154 f., 164 f.; IV., p. 56 f.

48 The so-called Caillou de Michaux was published I. R. 70, and discussed by Oppert, Doc. Jur., pp. 87 ff., and Boissier, Recherches sur quelques contrats babyloniens, K. B., IV., pp. 78 ff. A fine charter from the time of Merodach-baladan I. was published IV. R. 38, discussed by Oppert, Doc. Jur., pp. 129 ff., and K. B. IV., pp. 60 ff. Another of the same date was published, K. B. IV., pp. 164 ff.

M38 The Cappadocian tablets

49 P. S. B. A., November 1, 1881.

50 Abhand. d. phil. hist. Classes der K. Sachs. Ges. d. Wiss. 1893, No. IV.

51 Z. A., IX., pp. 62-81.

52 K. B., IV., pp. 50-56.

53 P. S. B. A., XXII., p. 106 f.

M39 The Elamite contracts

54 Pages 169-94.

M40 The fourth epoch: Assyria M41 Aramaic dockets M42 The collections of tablets

55 Deighton, Bell & Co., Cambridge, England.

M43 Their peculiar style

56 Vol. XX., pp. 202 ff.

M44 The plan of arrangement in the volume M45 Contemporary Babylonian documents M46 Fifth epoch: the second Babylonian empire M47 Persian Empire, and later M48 Classification

57 Pages xi-xx.

58 Pages xi-xviii.

M49 Monographs

59 In the Mitteilungen der Vorderasiatischen Gesellschaft, 1896, No. 3.

M50 Nature of the oldest Babylonian laws M51 Data hitherto uncertain M52 Evidence that there were very ancient codes M53 Codes antecedent to that of Hammurabi M54 Sumerian laws found in the phrase-books M55 Repudiation of father by son M56 Repudiation of mother by son M57 Disinheritance of son by father M58 Disinheritance of son by mother M59 Repudiation of husband by wife M60 Repudiation of wife by husband M61 Responsibility of employer

60 Sumerische Lesestuecke, p. 112.

61 H. W. B., p. 542.

M62 Witchcraft and the ordeal by water M63 False witness in capital suit M64 In civil case M65 Judgment once given not to be altered M66 Burglary and acceptance of stolen goods M67 Dealings with irresponsible persons M68 Theft M69 Procedure in case of the discovery of lost property M70 Judgment by default M71 Kidnapping M72 Abduction of slave M73 Harboring a fugitive slave M74 The capture of a fugitive slave M75 Burglary M76 Highway robbery M77 Theft at a fire M78 Duties and privileges of an officer over the levy M79 Rights and duties of his son M80 Penalty for neglect of his benefice M81 His ransom, if captured M82 Duties of district governors M83 Governors not to oppress subordinates M84 The benefice of a levy-master, warrant-officer, or tributary inalienable M85 Not to be bequeathed to his family M86 The obligation resting upon a buyer of real estate M87 A benefice not to be exchanged M88 Responsibilities of land-tenants M89 The rent of unbroken land M90 Loss of crop by storm apportioned between landlord and tenant M91 Landlord cannot restrain a satisfactory tenant from subletting M92 Abatement of debt on account of storm, flood, or drought M93 Rights in a crop pledged for debt M94 Riparian responsibilities M95 Penalty for neglect to shut off water M96 Damage done to growing crop by sheep M97 Cutting down a tree without permission M98 Rent of a garden-plot M99 Garden rented on shares M100 Obligations of owner to gather a date-crop assigned for debt M101 Eviction of house-tenant M102 Acceptance of goods in payment of debt, in default of money or corn M103 Responsibility of a travelling salesman M104 Robbery, substantiated by oath, a valid excuse M105 Responsibility to be indicated by legal receipts M106 Punishment of fraud of an agent M107 Fraud practiced by principal M108 Fraud in ordinary drink-traffic M109 Connivance at unlawful assemblages M110 Drink-traffic forbidden to votaries M111 Rate of payment with produce M112 Carrier's liability for misappropriation of goods M113 Unauthorized seizure of goods denied a creditor M114 Punishment of vexatious distraint M115 Creditor responsible for fair treatment of a man held as security for debt M116 Limitations on the holding of such hostages M117 Responsibility of owners of warehouses M118 Rate of payment for storage of corn M119 Receipt for deposit of valuables M120 Responsibility of bankers M121 Their own losses no excuse M122 Depreciation of property M123 Slander of votary or married woman M124 Marriage-bonds M125 Punishment of flagrant adultery M126 Rape of a betrothed virgin M127 Suspicion of adultery cleared by oath M128 Ordeal of water permissible to accused wife M129 Rights and duties of the wives of those who have been taken captive in war M130 Right of a deserted wife to remarry M131 Rights of a divorced woman who has borne children M132 Rights of a divorced woman who is childless M133 Status of a worthless wife M134 Status of a wife who repudiates her husband M135 Marriage with a votary M136 A votary's rights against a maid assigned to her husband M137 Status of a wife afflicted with a disease M138 Wife's right to property deeded to her by her husband M139 Marital responsibility for ante-nuptial debts M140 Connivance at husband's murder by a wife M141 Incest with own daughter M142 Incest with daughter-in-law M143 Incest with mother M144 Incest with step-mother M145 Penalty for breach of promise M146 Rights of a rejected suitor M147 Slandering rival not to profit by his calumny M148 Disposal of a wife's marriage-portion M149 Effect upon the inheritance of a father's gift to a favorite son M150 Reservation of a bride-price for a young unmarried brother M151 Inheritance of children in case of two fruitful marriages M152 Disinheritance of a son M153 Status of children by a slave-woman M154 The rights of a widow in personal property M155 Her rights in the home M156 Dower rights of her children by second marriage M157 Property rights of the children of slave-father and free mother M158 Property rights of the young children of a widow who remarries M159 The property rights of a votary M160 Her right to convey property M161 Her right of inheritance M162 Her proportion of her father's property M163 Additional privileges of votary of Marduk of Babylon M164 Rights of a daughter by a concubine, if provided for by father on marriage M165 If not so provided for by father M166 Adoption of natural son M167 Adoption of child of living parents M168 Responsibilities of a craftsman to his adopted child M169 Rights of inheritance of an adopted son M170 Obligations on discarding an adopted son M171 Punishment for the repudiation of adoptive parents M172 Penalty of substituting one infant for another M173 Assault on a father M174 Graded penalties for assault and battery M175 Brutal assault M176 Fatal assault M177 Assaults upon pregnant women M178 Gradation of surgeon's fees M179 Penalties for unskilful operations M180 Cure of limb or bowel M181 Fees for the treatment of the diseases of animals M182 Brander's liabilities M183 Builder's fee and liabilities for bad workmanship M184 Boatmen's fees and liabilities M185 Hire of boats M186 Responsibility of boatmen carrying goods M187 Law of collision M188 Working ox not to be distrained M189 Hire of oxen and cows M190 Liability for loss of ox or ass by accident M191 Compensation for loss of ox by ill-treatment M192 Responsibility for unavoidable accidents to a hired ox M193 Death by goring, accidental M194 Responsibility for a vicious ox M195 Responsibility of a tenant farmer M196 Wages of laborers M197 Theft of agricultural instruments M198 Wages of herdsmen M199 Their liability M200 Hire of animals for threshing M201 Hire of wagon, oxen, and driver M202 Graded wages of day-laborers M203 Wages of artisans M204 Hires of various boats M205 Compensation for defect discovered in a slave after sale M206 Manumission of native slaves taken captive and bought back by travelling merchant M207 Of foreign slaves M208 Punishment for repudiating a master M209 General character of the Hammurabi Code M210 Bibliography M211 Agent not able to recover without power of attorney M212 Responsibility of one who sells M213 Permanent settlements at marriage between father of bride and the bridegroom M214 Inheritance rights of children of second marriage M215 Procedure in case the father-in-law is unable to carry out his promise of dowry M216 Marriage-portion of childless wife M217 Rights of inheritance of a childless widow M218 The rights of a widow with children in case of re-marriage M219 Division of the estate of a man twice married M220 The three great classes of the population: the gentry, the common men, and the slaves

62 15.

63 140.

64 273, 274.

65 16.

66 16, 17, 19.

67 199.

68 205, 282.

69 218, 223.

70 6.

M221 The levy-master and the warrant-officer M222 Their compensation

71 26.

72 28.

73 29.

74 29.

75 30.

76 31.

M223 The risks of public service

77 32.

M224 The tributary M225 All land subject to royal taxation

78 183.

M226 The votaries

79 For fuller information and references, see A. J. S. L., XIX., pp. 98 ff.

M227 The merchant M228 Antiquity of the judicial organization M229 Sources of our knowledge of early legal procedure M230 Judges not often mentioned M231 Their varied duties

80 5.

81 9.

82 13.

83 169.

M232 Special directions to judges

84 177.

85 127.

86 168.

87 172.

M233 Position, rank, and qualifications M234 Method of appointment

88 B2 327.

M235 The chief-justice

89 A. D. D. 567.

M236 The scribes M237 Their duties M238 Female scribes

90 A. D. D., 827, 2.

M239 The scribe not a judge M240 The scribe not a priest M241 The witnesses M242 The elders of a city

91 M. A. P., 80, B1 199, B2 2458.

92 202.

93 5.

94 B2 2182.

M243 Their jury duties

95 M. A. P., 80.

96 B2 824, 838.

97 B 34.

98 B1 99.

M244 Trial witnesses

99 13.

M245 Witnesses to deeds M246 Settlements out of court

100 B1 38, B2 838.

M247 Recourse to a judge M248 The advocate M249 The plaintiff in the reports

101 M. A. P., 79.

M250 Summons before the judge

102 M. A. P., 100, B1 294.

103 B2 272.

M251 Appeals

104 King, Letters of Hammurabi, p. xxxix f.

M252 Various places for holding a court

105 B2 360.

106 B1 711.

107 M. A. P., 100.

108 B 57, 73.

109 B2 279.

M253 Legal procedure

110 9.

111 B2 2444 A.

M254 The deity the theoretical source of all judicial authority

112 M. A. P., 79, 105.

113 B2 2463.

114 B2 327.

115 B2 301.

116 B2 272.

M255 Summoning witnesses

117 122, 123.

118 13.

M256 Bribing witnesses

119 3, 4.

120 B1 160.

M257 Different kinds of testimony

121 B2 2182.

122 B2 2181.

M258 Rendering the decision

123 B2 2474.

124 B2 2458.

125 B2 2516.

M259 The collection of damages

126 B2 387.

127 B2 2182.

128 B2 2458.

M260 Breaking a contract-tablet

129 37.

130 B2 586, 2177 A.

131 A. B. R. passim.

M261 The legal decision

132 B2 327.

133 5.

M262 Documentary form

134 B2 387.

M263 Administration of oaths

135 20, 131, 227, 266.

136 23, 103, 120, 126, 206, 240, 249.

137 9.

M264 Form of the oath

138 B1 160.

139 B1 188.

140 B1 295.

141 Letters of Hammurabi, pp. 212-54.

142 B. A. S., iv., p. 338 f.

M265 The place where it was administered

143 B1 199.

144 B2 2178 A.

145 B2 2182.

146 B1 199.

M266 Its purport M267 Its gradual decrease in importance

147 A. D. D., 604.

M268 Its preservation as an antique form

148 Nbk., 368.

149 Cyr., 277.

150 Cyr., 312, A. B. R., II., pp. 16, 73.

M269 Penalties for perjury

151 3.

152 127.

153 B2 2190.

154 4, 13.

155 Nbd. 13.

M270 Forfeits M271 Nature of the forfeits M272 The ordeal M273 The death-penalty M274 Drowning M275 Burning M276 Impalement M277 Ordeal by water M278 Mutilations M279 Scourging M280 Banishment

156 154.

M281 Simple restitution

157 9, 10, 12, 125, 219, 231, 232, 245, 246, 263.

M282 Multiple restitution

158 106.

159 112.

160 107.

161 8, 265.

162 5.

M283 Retaliation

163 196, 197, 200.

164 116, 210, 219, 230, 231.

M284 Vicarious punishment

165 116, 210, 230.

M285 Loss of claim M286 Cases where no claim is allowed

166 123.

167 115.

168 250.

M287 Compensation

169 42.

170 44.

171 Y.

M288 Meaning of the term

172 B2 316.

173 Rev. 1-4.

M289 Technical terms used M290 Their arrangement

174 B2 511.

M291 Suit concerning inheritance

175 B2 2474.

M292 Suit for paternal power over daughter

176 136.

177 M. A. P., 39.

178 M. A. P., 41.

179 M. A. P., 44.

180 M. A. P., 79.

181 M. A. P., 111.

182 B2 301.

183 B2 2465.

184 B2 2473.

185 M. A. P., 40.

186 M. A. P., 78.

187 M. A. P., 80.

188 M. A. P., 110.

189 B 199.

190 B2 327.

191 B2 511.

192 B2 586.

193 B2 2175 A.

194 B2 2177 A.

195 B2 2178 A.

196 B2 2181.

197 B2 2186.

198 B2 2190.

199 B2 2444 A.

200 B2 2458.

201 B2 2463.

202 B2 2502.

203 B2 2193.

204 B2 824.

205 M. A. P., 42.

206 M. A. P., 43.

M293 Right of a widow on remarriage to her husband's property or gifts

207 M. A. P., 100.

208 B1 40.

209 B1 188.

210 B1 295.

211 B1 160.

212 B1 711.

213 B2 272.

214 B2 2182.

215 B2 2516.

M294 Legal practice of Assyrian times

216 A. D. D., No. 160.

217 A. D. D., No. 161.

218 A. D. D., No. 164.

M295 Damages for loss by agent M296 Additional cases M297 Later Babylonian decisions M298 Method of procedure M299 The possible complications M300 Dispute for the possession of a sum of money M301 Suit regarding loan on mortgage

219 Nbn. 1128.

M302 Regarding possession of a slave

220 Dar. 53.

M303 Acknowledgment of a debt M304 Settlement out of court

221 Dar. 260.

M305 A private settlement

222 Dar. 410.

223 A. B. P., ii., pp. 70 ff.

M306 Agreements to appear in court

224 Dar. 159.

225 Dar. 229.

M307 Production of witnesses

226 Dar. 299.

227 Dar. 176.

228 Nbk. 52.

229 Nbk. 183.

230 A. B. P., i., pp. 31 ff.

M308 Production of bond

231 A. B. P., ii., p. 67.

232 Camb. 384.

M309 The mixed population of Babylonia M310 Position and rights of resident aliens

233 40.

234 Dar. 201.

235 Dar. 57.

236 Dar. 410.

237 Dar. 509.

M311 Tax on landed property

238 Cyr. 231, 232.

239 53.

M312 State liabilities

240 32.

M313 District liabilities

241 24.

242 40.

M314 General system of taxation M315 Reason for the lack of information regarding criminal law M316 Blood-vengeance commuted for a gift

243 A. D. D., No. 321.

M317 Imprisonment

244 Cyr. 281.

M318 Assault

245 Cyr. 328, 329.

M319 Tempting a slave to desert

246 15.

247 Dar. 207.

M320 Adultery and its punishment