Part 4

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

* * * * *

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

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

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

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

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

INDEX

_The numbers refer to the sections of the Code_.

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

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

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

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

Adultery, 129. penalty, drowning, 129.

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

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

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

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

Approving lease, 44. _See_ Lease.

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

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

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

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

Backbiting, 161.

Bailiff. _See_ Reeve, Ganger, Constable, Benefice.

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

Banishment. _See_ Exile.

Bearing sentence sought to be obtained. _See_ Retaliation.

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

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

Bigamy, in ignorance, 135.

Blood money. _See_ Wit.

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

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

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

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

Brawling, in wine shop, 109.

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

Breasts, cut off, 194.

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

Brothel (?). _See_ Wine shop.

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

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

Business. _See_ Agent, Merchant, Office.

Buyer of benefice must discharge duties, 40.

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

Capital suit, 3.

Captives, 133, 280.

Carrier's privileges and responsibilities, 112.

Cattle, damage _feasant pauperies_, 57.

Changeling, foisted on parents, 194.

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

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

Collision, 241.

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

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

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

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

Conjugal rights, denial of, 142.

Conscript. _See_ Militia.

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

Contract. _See_ Bond.

Corn land, 62.

Corporate liability, 23, 32.

Corvee. _See_ Militia.

Courtship, 159, 161.

Cow, in milk, hire of, 243.

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

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

Crown, man's. _See_ Strength.

Cultivation of fields-- operations needful, 43.

Custody of child, in mother, 29.

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

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

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

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

Date palm, plantation of, X.

Daughter cannot inherit benefice, 38.

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

Death of defendant, 12.

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

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

Defamation, 161.

Deferred foreclosure, 48.

Degradation from office, 5.

Deification of river Euphrates, 2.

_Delegatus non potest delegare_, 26, 33.

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

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

Detention of fugitive slave punished, 19.

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

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

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

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

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

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

Domestic inferior. _See_ Minor.

Dowry. _See_ Bride-price.

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

Dyke, 53.

Ear cut off as penalty, 205.

Endowment of office. _See_ Benefice.

Equals, assault of, 200, 203, 206.

Evicted purchaser reimbursed, 9. tenant reimbursed, Y.

Exchange, of benefice illegal, 41.

Exile, penalty for incest, 154.

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

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

Farm. _See_ Lease.

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

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

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

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

Fires, theft at, 25.

Floods, 45, 46, 48.

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

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

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

Foster mother, duties and liabilities, 194.

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

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

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

Ganger, associated with constable, _q.v_.

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

Gift. _See_ Favourite son.

Goring by ox, 250, 251.

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

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

Granary, 113.

Guilty knowledge, by buyer of stolen goods, 10.

Hand of God, 45, 46, 48.

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

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

Herdsmen. _See_ Shepherds.

Highway robbery, 22. _See_ Robbery.

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

Hostage for debt. _See_ Mancipium.

Housebreaking, 21, 125.

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

Hypothecation, of crop, regulated, 49.

Identification of lost property, 9.

Ignorance, plea of, 206, 227.

Illegal purchase, 35, 37.

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

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

Inheritance. _See_ Share.

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

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

Intimidation of witnesses, 3.

Jilting, 159.

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

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

Kidnapping, 14.

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

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

Landlord's risks, 46.

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

Levy. _See_ Militia.

_Lex talionis_. _See_ Retaliation.

Libel. _See_ Slander.

Lion, referred to, 244, 266.

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

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

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

Lying, 11, 12.

Magistrate, over township, 23, 24.

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

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

_Malice prepense_ 206.

Malicious abuse of process, 12.

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

Mansion, 'great house.' _See_ Palace.

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

Marks, on slave. _See_ Branding.

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

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

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

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

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

Minor, status of, 7.

Miscarriage, 209. _See_ Assault, Fine.

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

Mortgage. _See_ Debt.

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

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

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

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

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