milch cow, 3 GUR of corn per annum, 65, 243
ox herd, 6 GUR of corn per annum, 65, 258
ox for threshing, 20 ḲA of corn per diem, 66, 268
oxen, wagon, and driver, 160 ḲA of corn per diem, 66, 271
potter, 5 ŠE of silver per diem, 67, 274
ropemaker, 4 ŠE of silver per diem, 67, 274
slave, 10 ḲA of corn per diem, 42, VII
stone-cutter, (?) ŠE of silver per diem, 67, 274
tailor, 5 ŠE of silver per diem, 67, 274
wages and time limit, 272, 273
wagon alone, 40 ḲA of corn per diem, 272
working ox, 4 GUR of corn per annum, 65, 242
young animal for threshing, 1 ḲA of corn per diem, 66, 270
Hiring, risks in:
bull, known to be vicious, kills freeman, one-half mina of silver, 62, 251
bull, known to be vicious, kills slave, one-third mina of silver, 62, 252
bull, mad and gores, the owner free, 65, 250
ox, broken horn or torn muzzle or tail cut off, quarter the value of ox, 65, 248
ox, cut or broken leg, ox for ox, 65, 246
ox, died from the elements, on affidavit man is free, 65, 249
ox gored to death or killed by blows, ox for ox, 65, 245
ox, loses an eye, half the value of ox, 65, 247
[pg 413] ox or ass killed by lion in open field, owner's risk, 65, 244
slave killed, one-third mina of silver, 65, 252
Hostage for debt. See Mancipium
Housebreaking, its penalties, 44, 6, 46, 21, 53, 125
Houses:
block of, in Nineveh, 245
bought as area of land, 187, 188
burial vault in, 245
contracts for building, 240
cost, 246
deed of sale, 241
description for sale, 240
in relation to land, 188
plans of, and description, 239
price, 243
side buildings, 246
size, 246
various parts of, 244
Hypothecation, law of, 48, 49
Identification of lost property, 45, 9
Ignorance, plea of, 62, 206, 63, 227
Illegal purchase and its penalty, 47, 35, 37
Impaling:
as a penalty considered, 97
death penalty to wife for conniving at her husband's murder, 56, 153
Incest:
crime of, 56, 154-158
of man and daughter, 56, 156
penalty, man banished the city, 56, 156
of man and daughter-in-law, 56, 155, 156
penalty, man strangled and woman drowned, 56, 155
of man and his mother, 56, 157
penalty, both burnt, 56, 157
of man and step-mother, 56, 158
penalty, to be cut off from his father's house, 56, 158
of man and woman betrothed to his son, 56, 156
penalty, half mina of silver and marriage-portion, 56, 156
Inheritance. See Marriage:
implied in adoption, 157, 160
of sons by second marriage, 71, D
rights of, considered, 161 sq.
succession by law of descent, 121
Interest:
by the king's standard, 49, 51
calculated by the merchant, 51, 100
on bond to creditor, 48, 48, 255
on temporary loan, 251, 255
on use of corn, 256
postponed for a year, 48, 48
relations between interest and profit, 265
Iron, mention of, 302
Judge:
acts on marriage-portions, 72, E, G
duties and liabilities, 44, 5, 45, 9, 13, 53, 127, 59, 177, 72, 73, 80 sq., 102 sq.
his position in ancient Babylonia, 80 sq.
how the case was submitted, 88
inquires in interest of children of first marriage, 59, 177
list of sentences and decisions by, 102
name of officials in Assyrian times, 106
to witness branding, 53, 127
Judgment, false. See False:
by default, 45, 13
not to be altered, 44, 5
Kidnapping, 45, 14
King:
could impress laborers, 205
endowed temples, 195, 208 sq.
gave loans, 258;
often before harvest, or at seed-time, 258
granted privileges, 195
had power of life, 54, 129
his power over lands, 192;
limited, 192;
limited by rights of private property, 192, 193
made large land grants, 193, 194
power to pardon, 330
presents made between kings, 131
probably wrote, 308
King's standard of money, 49, 51
Kudur, Governor of Erech, letters of, 356, 357, 358, 359
Labor, forced. See Militia:
free, in demand, 269
guaranteed, 272
in competition, 269
time hired, 269
Lancet. See Bronze
Land:
as a field, 189
as garden, 189
ancestral domain, claimed, 187
boundary stones, 191
dedication to a temple, 223
different from personal property, 184 sq.
different kinds of real property, 187
entailed property, 184
great estates, 249;
their plans, 249
hired or let on shares, 197
how described for identification, 237
in relation to houses, 188
its individuality, 190, 191
king's power over, 192
landmarks, 191
leases, 198
loans on, 197
obligations of many kinds, 205
ownership of cultivated, 185
primitive tenure, 185
sale of, 187 sq., 227 sq.
settled hamlet, temple, etc., 186
sold subject to its dues, 187
[pg 414] systems of measurement, 189
by the yield, 190
tenure in Babylonia, 114, 184 sq.
terms applied to, 188, 189
the Metayer system, 65, 253-256, 196
the purchaser, how protected, 228
under manorial obligations, 199
village, 185
Landlord. See Metayer, Temple:
loans to tenants, 211
risks, 48, 46
Landmarks, inviolable, not to be encroached upon, 191
Lease, tenancy, tenant, farm:
abatements for losses by flood, etc., 48
allowances, 277
damages incurred, 48, 42 sq.
different forms of, 198; fixed rent, 198;
improving lease, 198, 277
duties and responsibilities of, 48, 42 sq.
field to cultivate, 48, 42, 43
garden on five-year lease, 50, 60
land on three-year lease, 48, 44
life, rare, 278
not invalidated by neglect to cultivate, 49, 52;
but damages to be given, 50, 63
of property generally, 275 sq.;
farm-house, 275;
rental variable, 275
questions of rent and adjustments, 49, 50-52, 277
rights as between money-lender and owner of farm, 48, 49
rent due at harvest-time, 48, 47, 49
risks are the farmer's, 48, 45
as between owner and tenant, 48, 46
stipulations, 277
subletting, 48, 47
tenant cannot be evicted, or can have damages, 50, Y
Leather, accounts of, 301
Legal:
decisions, 100 sq.;
defects in slaves, 171;
difficult to classify, 101
legal procedure in Babylon illustrated, 108 sq.
Letters and letter-writing in Babylonia, 307 sq.
about Elam and southern Babylonia, 360-364
Assyrian, 312
business, and orders, 382 sq.
Cappadocian, 312
classification of, 314
colloquial phrasing, 308, 309
difference in deciphering, 309
elliptical phrases, 309
form of letter, baked clay, 307
its envelope, 307
its date, 307
from the last year of Shamash-shum-ukin, 347-352 q.v.
historical value of, 314
love-letter, 336
methods of securing privacy, 307
miscellaneous Assyrian, 365-381
of Abêshu', 328
of Ammi-ditana, 328
of Ammi-zadûga, 329
of first Babylonian dynasty, 310
of Ḥammurabi, q.v.
of Samsu-iluna, 327 q.v.
of Sin-iddinam, 316, 329
of subsequent period, 311
of Tell el Amarna, 311
of the second Babylonian Empire, 382-385
old Babylonian, 336
other letters, 330
postal system for, 309
private, 308
private, of first Babylonian dynasty, 331 sq.
regarding affairs in southern Babylonia, 353-359
royal, 315
Sennacherib to his father Sargon, 338-346 q.v.
style of address, 308
translations of, 313
variations of formula in, 308
Levy-master, warrant-officer, tributary. See Militia:
brands an escaped slave, 176
his duty and privilege, 46, 26-29, 47, 30-39
Lion, destruction by, 65, 244, 66, 266
Litigation not encouraged, 95
Loans. See Metayer, Trading:
by merchants and agents, 281 sq.
for payment of taxes, 252
from the temple, 252
giving pledges as security, 262, 263
in series of advances, 234
made by the king, 258
of corn, 253, 258, 259
of current coin, 253
of material or property, 256
of oil, 257
of other produce, 253, 259
of property on approval, 256
of wine, 257
of working material, 255
on exchange, 255
on land, 197. See Land
on pledges named, 264. See Pledges
on promissory notes, 251
on usual interest, 255 sq.
on vineyard of slaves, 264
receipts for, 295
receipts for repayment of, 259
records of, 253
temporary, at harvest-time, 251
value of preserved bonds, 250 sq.
Local liability for:
compensation for highway robbery, 46, 23, 24, 115
[pg 415] redemption of captive official, 47, 32
Loss:
by God's hand, 65, 249, 66, 266
by housebreaking or rebellion, 53, 125
of claim in court, 98
or no claim allowed, 99
of crop, shared by landlord, 48, 45
of flock or herd, 63, 226
of hired animals, 65, 245, 249
of interest, 48, 48
Lost property:
pretence of losing, how punished, 53, 126
recovery by owner, 45, 9
sale by finder equals theft, 45, 9
Lying in claiming goods, 45, 9-13
Magistrate, city or district governor,
is liable for crime within the bounds, 46, 23, 24
Maid. See Slave:
given by votary to husband to have children, 55, 144
her children free, 58, 171;
how made equal to wife's, 58, 170
may be sold if childless, 55, 146
not to be sold if a mother, 55, 146
not to rival her mistress, 55, 146
penalty, to receive the slave-mark, 55, 146
Maintenance:
of concubine and divorced wife, 54, 137
of wife secured, 54, 133-135
Mancipium, hostage to work off debt:
difference in free born or slave, 52, 116
in natural death, 52, 115
in violent death, 52, 116
slave may be sold by creditor, 53, 118
redeemed by debtor, 53, 119
but not if mother of creditor's children, 53, 119
wife, son, or daughter free in fourth year, 52, 117
Manslaughter:
by blow in quarrel, 62, 207, 208
of hostage, 52, 116
penalty, if a slave, one-third mina of silver, 52, 116
Manufacturing partnership, 292
Marduk:
at Babylon, 78
had votaries at Babylon, 60, 182
oath by, 92, 165
of Eridu, 133
Marking. See Branding:
other than slaves, 177
slaves, 176
Marriage:
bride given away usually by the father, 126;
sometimes by the mother or brother, 126, 127;
or by agnates, 127
ceremony, 132, 133
fatherless girls in, 137
home and home-going, 133
monogamy and polygamy, 134
not quite free to man or woman, 127
of king's daughter, 137
of second wife in the time of the first wife, 56, 148
of two sisters to one man, 138, 139
preliminaries, 128
presents and payments, 130-132
registration, 128
rôle of contracting parties, 126
the bond of the family organization, 119 sq.
unhappy, and its results, 142
votaries, 137
wife required father-in-law's consent, 128
with attached conditions, 140
husband to maintain mother-in-law, 140
dower his wife if he sends her away, 140
wife to be thrown from a pillar if she leaves him, 140
Marriage conditions. See Children, Marriage, Share, Widow, Wife:
at a definite place, “wedding-house,” 128
in ancient Babylonia, 119 sq.
presents to the parents of the bride, 128
questions owing to unfaithfulness, 54-56
having concubines and maids, 54, 137, 55, 138 sq.
registration, 128
suitor rejected through slander, 57, 161
there must be marriage contract, 54, 128, 119
Marriage contract. See Bond:
ceremonies, 132 sq.
preliminaries, 123 sq.
Marriage-portion. See Bride-price, Marriage:
accompanies widow to a second husband, 73, H, 127
belongs to her and all her children, 73, H, 130
belongs to the children only, 57, 162, 130, 134
by “deed of gift,” as pin-money, 132
good against husband's heirs, 132
but forfeited by second marriage, 132
childless widow takes it from the estate, 72, G
could not be reclaimed as against children, 130
doubt in case of free wife of slave, 50, 175
father cannot reclaim against children, 57, 162, 130
in lands, oxen, furniture, etc., 131
its nature, 129, 130
its relation to the bride-price, 71, C
lawsuit about, 132
less bride-price, if not repaid to husband, 57, 164, 124
nature of, 130
of concubine, 134
presented to concubine's daughter, 60, 184
receipts for the payment of, 131
[pg 416] returned to injured wife, 55, 142
invalid wife, 56, 149
returned to the wife's father's house, 72, F, 122, 124
returned to wife's father, if no children, 57, 163, 124
separate estate, 55, 138, 142, 56, 149, 156, 57, 162, 163, 59, 174-176, 61, 184, 72, 73, 122, 127 sq., 219
settlement of, by bride's father, 71, C, 219
shall be adjudged an equivalent, 72, G
shared by children of both marriages, 58, 173, 71;
or by children of first only, 58, 174
taken by widow to second husband, 59, 172, 127
trousseau, 129
when not paid through inability, 72, E, 131
not to be cause of quarrel, 72, E, 131
when paid in full, 131
Marriages in ancient Babylonia, 114 sq., 123 sq.
Master, rights and duties, 59, 175, 176, 63, 217, 223
Measure:
of land by area, 189, 249
by the average yield, 190
of timber or stone, 380
Merchant, agent, money-lender, 79
acting by caravans, 282
bound to receive payment in kind, 51, Z
business with agents, 51, 100-107
capital out on speculation, 281, 283
has crop assigned for debt, 50, X
has to be reimbursed for ransoming official, 47, 32
his position in ancient Babylonia, 79
trading, 281 sq.
his relation to business agent, 281 sq.
in a distant transaction, 334, 335
in different relations of business, 48, 49, 49, 50-52, 52, 116-119, 56, 151, 50, X, 51, Z
in purchasing foreign slaves, 67, 281
legal memoranda for security, 282
must keep accurate accounts, 51, 100
sharing in the farm with owner, 48, 49, 49, 50, 51
using canals, 284
Metayer. See Land:
employed by the temples, 211
form of tenancy, 65, 253-256, 196, 197
Metrology, contributions to, 380
Micheau stone, 131
Militia, statute-labor, corvée. See Slavery:
classes subject to, 202, 326
considered as a system, 201 sq.
duty and privilege of its officers, 46, 26-29, 47, 30-39, 48, 40-41, 205
forced service, 45, 16, 200, 201 sq.
illegal impressment, 325
in the army, 203, 204
service in weaving establishments, 203
some cities were exempted, 202
supplied from slavery, 173, 175, 203
Minor:
as incapable, with slave, 44, 7
rights reserved, 161
Miscarriage. See Assault, Fine:
aggravation in assault, 62, 209, 211, 213
Money. See Hire, Fines:
as earnest to close the bargain, 230
current coin, 253
deferred payments of, 235
letter requesting, 383
precautions in giving and receiving, 51, 105
said to belong to a god, 256
Monogamy. See Marriage:
in early days, 134
Mortgages:
entire pledging, 266
related to pledges, 265. See Pledges
second, debarred, 265
second mortgage secured, 267
Mother:
in charge of son's education, 46, 29
incest with, 56, 157
power over children, 148-150
Mutilations, by order of judge, 97
Nabonidus, his place in chronology, 181
Nebuchadrezzar:
his chronology, 181, 230, 291
his exploits, 194
Names:
clan, from office in the temple, 214
Semitic, 279
show slave's origin or nationality, 178
significant, 176, 177, 178
Notary, his fee for writing out a bond, 231
Nurse, her duties and responsibilities, 61, 194, 153, 155
Oath. See Affidavit, Bond:
about foreign slave, 67, 281
as to death of ox, 65, 249
deposit, 53, 120
depreciation, 53, 126
estimate of goods on lost boat, 64, 240
as to loss, 53, 120
by brander, that he was misled, 63, 227
disclaiming evil intention, 62, 206, 207
for confirmation of sale, 233
for purgation, taken by agent, 51, 102, 103, 106;
taken by principal, 51, 107;
taken by owner of corn, 53, 120
how administered, 92
its purport and where taken, 93, 94
on loss by lightning or lion, 66, 266
to clear from charge of adultery, 54, 131
Octroi duties, 206
Official. See Bailiff:
cannot give his benefice in exchange, 48, 40, 41
compensation of official, 76
[pg 417] duties and responsibilities, 46, 26, 27, 47, 30-39, 76 sq.
duty and position considered, 76 sq.
has his own private rights, 47, 39
holds lands by royal charter, 322
if captured on the king's business, 47, 32
to be ransomed, 47, 32
how the ransom is to be paid, 47, 32
liable to death penalty, 46, 26
may resume use of the benefice, 46, 27
not to appropriate or alienate public property, 47, 33-38
not to be hired out, plundered, or oppressed, 47, 35
not to depute duty, 46, 26
on enforced absence, 46, 27
one year allowed, 47, 30
penalty for neglect, 47, 30, 31
provision for son in absence, 46, 29
rights as against substitutes, 46, 26-29
service of, 77
son may be deputy, 46, 28
the benefice or feoff, 76
three years' limit, 47, 30
Old age provision:
by adoption, 155, 158, 160
by son, 224
Omens and predictions, letter illustrative of, 365 sq.
Ordeal by water:
considered as a legal custom, 96, 97
for witchcraft, 44, 2
nature of, 44, 2, 54, 132, 97
to purge from slander, 54, 132
Owner's risk in hiring. See Hire:
horse killed, at God's hand, 65, 249
loss by lightning or lion, on herdsman's oath, 66, 266
ox or ass, killed in open field, 65, 244
Palace:
its relation to the priesthood, 211 sq.
place for archives, 322
title for the royal state authority, 61, 187, 192, 193
Partnership:
a manufacturing, 292
dissolution of, 288, 291
its earliest appearance, 287
its evidence in Assyrian literature, 290
later Babylonian, 290, 291
its ideogram, 287-289
its relation to capital, 288
old commercial custom, 290
partnership documents, 288 sq.
powers of attorney, for protection, 292
reckonings, 291
Patrician, highest class in the state, 74 sq.
Penalties:
as demanded for wrong-doing, 96
blood vengeance commuted, 116
for adultery, 117, 118
for perjury in courts of law, 94, 95
imprisoned and bailed out, 117
in courts of law, 94
to prevent failure in contract, 233
woman thrown from a pillar, 140
Penalty due for. See Retaliation, Fines:
adultery by a wife, strangling, 54, 129
adultery, drowning, 54, 133
death of hostage slave, one-third of a mina of silver, 52, 116
fatal assault on pregnant woman, death of his daughter, 62, 209
imprudent speech, tongue cut out, 61, 192, 150
incest, mother and son burnt, 56, 157
incest, banished the city, 56, 156
incest, half mina of silver and the marriage-portion, 56, 156
incest, strangling, 56, 155
incest, the man cut off from his father's house, 56, 158
incest, woman drowned, 56, 155
on brander for branding without leave, hands cut off, 63, 226;
if deceived, accused is free, 63, 227
son for striking father, hands cut off, 61, 194
slave for striking freeman's privates, ear cut off, 62, 205
veterinary, for loss of ox or ass, one-fourth of its value, 63, 225
wet-nurse for neglect, breasts cut off, 61, 194
permanent injury in a quarrel, pay the doctor, 62, 206
rape of betrothed, death, 54, 130
slander, forehead branded, 52, 127
striking a superior's privates, 60 blows of ox-hide scourge, 62, 202
undutifulness and slander, 55, 143
unnatural conduct, eyes torn out, 61, 193, 150
unsuccessful operation by surgeon, hands cut off, 63, 218;
same on slave, slave for slave, 63, 219;
loss of slave's eye, half his value, 63, 220
Perjury:
in capital trial, has death penalty, 44, 3
in civil case, gives damages, 44, 4, 45, 13, 94
Phrase-books:
Babylonian, 8
their plan, 8, 9
Pillar, thrown from, a penalty, 140
Pin-money, gift to a wife, 132, 221
Plaintiff, his position in a case, 88, 89
Plebeian, poor man, between patrician and slave:
abduction of slave from, 45, 15
assault by, 62, 204, 208
cheaper divorce, 55, 140
fees paid by, 62, 208, 63, 222
harboring fugitive slave, 45, 16
[pg 418] slave-owner, 45, 15, 59, 175, 176
theft from, 45, 8
value of eye or limb, one mina of silver, 62, 198
value of tooth, one-third mina of silver, 62, 201
Pledges and guarantees. See Loans, Mortgages:
an after-pledge, 266, 267
antichretic pledges, 262, 263, 264, 265