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.
Corvée. 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 še
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, 2½ ,, ,, 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 še.
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 corvée—
fugitive from, 9.
granted to governor, 33.
Minor, status of, 7.
Miscarriage, 209.
See Assault, Fine.
Money, not sealed for, cannot enter account, 105.
See Hire, Price, Fines.
Mortgage. See Debt.
Mortgagor’s power of sale, 118.
option to refuse foreclosure, X.
Mother, has custody of children, 29.
incest with, 157.
Mutilation, as penalty. See Branding, Ear, Eye, Hands,
Breasts, Tongue.
of hired ox, 248.
either punishment of offending member,
or retaliation for mutilation. See Retaliation.
Neglect, to cultivate field leased, 42,
43.
to reclaim field leased, 44.
to set up dwelling, 47.
to strengthen dyke, 53.
to plant garden leased, 61-63.
to till garden, 65.
to build house properly, 232.
to cultivate on metayer, 253.
to confine vicious ox, 251,
252.
Oath, in legal process. See Sworn Deposition, 9.
for purgation, 20,
131, 227,
266.
as to loss, 23,
103, 126,
240, 249.
as to deposit, 120.
as to injury, 206.
Office, duty of official, 40.
Officials, pa-pa
and nu-tur—
duties and liabilities, 33,
34. See
Governor, Ganger, Constable, Reeve, Bailiff, Runner, Palace, Judge.
Ordeal, by water, nature of, 2.
for witchcraft, 2.
purgation of slander, 132.
Ox, working, not to be distrained on, 241.
,, hire, 242.
furious, 250.
vicious, 251.
Palace, equivalent to state, king, gentleman’s residence—
property of, 11.
ransom by, 32.
place of judgement, 109.
Palace official, ‘one who stands in the presence’—
child of, may be adopted without demur, 192.
Perjury, 3, 4.
Personal property of official pledged, 39.
Pin-money. See Settlement.
Pledge, of benefice, illegal, 38.
personal property allowed, 39.
See Debt.
Poor man, separate estate, contrasted with gentleman and slave—
theft from, 8.
abduction of slave from, 15.
liable to conscription or levy, 16.
reduced charges for divorce, 140.
owned slave, 15,
175, 176.
his eye or limb valued at one mina of silver, 198.
his tooth valued at one-third mina of silver, 201.
assault by poor man, 204.
assault by, 208.
fee for cure of wound or eye, 208.
fee for cure of limb or bowel, 222.
Pregnant woman. See Assault, Fine.
Prescriptive right to benefice acquired by discharge of office, 30.
Presumption, 7.
Price of drink not to be less than corn, 108.
except at harvest time, then five-sixths, 111.
Principal. See Merchant.
Procuration of desertion of slave from master, 15.
Produce rent, 42.
of field, one-half or one-third crop, 46.
of garden, two-thirds crop, 64.
Ransom, of captive official, 32.
by serf, 32.
by town, 32.
by palace, 32.
Rape, of betrothed maiden, 130.
Rebellion, loss by, 125.
Receipt, sealed written document—
to be taken by agent for goods committed, 104.
to be taken by depositor, 124,
125.
Receiving of stolen goods, 10.
Reclaiming lease, 44.
Recovery, of lost property, 9,
10, 126.
of deposit, 124,
125.
Redemption of pledge or mancipium, 119.
debtor must redeem a maid who has borne him children, 119.
Reeve. See Ganger.
Referees. See Witnesses.
Refusal to name owner, 19.
of conjugal rights, 141.
Reimbursement to evicted purchaser, 9.
Re-marriage of divorced woman, 141.
of widow, 173.
her marriage portion shared equally by children of both
marriages, 173.
if no children of second marriage, those of first take
all, 174.
Remission of penalty, 129.
Rents, usually share
of produce, 46, 64.
fixed by Code for—
land leased to be reclaimed, three years
free, fourth year ten gur per gan,
44; cf. 63.
land leased to plant as garden, four
years free, fifth year half-produce, 60;
cf. Lev. xix. 25.
garden leased to till, two-thirds produce,
64.
abatement, if crop destroyed, 45.
no abatement if culpable negligence, 52.
Repatriation of slave, 280,
281.
Repudiation of adoptive parents—
by son of votary, or palace official, 192.
Res perit domino, 115.
Restitution, compensation, damages, reimbursement—
simple, 9,
10, 12.
goods for goods, 232.
ox or ass, for same, 245,
246, 263.
slave for slave, 219,
231.
of deposit, 125.
threefold, for cheating principal, 106.
fivefold, for goods lost or stolen by carrier, 112;
cf. 12.
sixfold, for over-charging agent, 107.
tenfold, for theft by poor man, 8.
,, for culpable loss by herdsman or shepherd, 265.
twelvefold, for false sentence by judge, 5.
thirtyfold, for theft by gentleman, 5.
Retaliation, eye for eye, 196.
limb for limb, 197.
tooth for tooth, 200.
son for son, 116,
230.
slave for slave, 219,
231.
suitor to bear penalty he sought to bring, 4,
13.
See Restitutions.
Return, of slave purchased—
permissible within one month, for disease, 278.
or other undisclosed defect, 279.
Reward, for capturing fugitive slave, 17.
Risks, landlord’s,
45, 46.
lessor’s, 244.
warehouseman’s, 125.
tenant’s, 45.
Robbery, 22, 23.
Runnel, 55.
Runner. See Constable.
Sacrilegious theft—
of first order, 6.
of second order, 8.
Sale of, man and property, to pay fine, 54.
wife or child, for debt, 117.
crops to pay, according to scale, 51.
Scale damages. See King’s standard.
Scandal, 132.
Scourging, with cowhide whip, sixty strokes, 202.
Second marriage, 166,
167. See
Re-marriage, Widow.
Seduction, of betrothed daughter-in-law, 155.
of slave, from service, 15.
Self-help, forbidden, 113.
Separation, of husband and wife—
grounds for, on part of husband—
gone out, deserted home, 142.
belittled wife, 142.
on part of wife—
set to desert home, 141.
quarrelsome, 141.
ruinous, 141.
belittled husband, 141.
Settlement, or pin-money, estate, or goods settled on wife—
by husband, in lifetime, by written deed, 150.
children not to dispute, 150.
wife has freedom of testamentary devise, 150.
among her children of that marriage, 150.
wife may not leave to brothers, 150.
widow
enjoys for life, if she remains in husband’s house, 171.
widow bequeaths to children, 171.
,, resigns if she re-marries, 172.
compare gift to favourite child.
Share, of father’s property, on his death—
equally by all children, 165.
divorced wife, as one child, 137.
with reservation apart, of gift to favourite, 165.
,, ,, of wife’s settlement, 150.
,, ,, bride-price for unmarried son, 166.
,, ,, portion for votary sister, 178.
of mother’s marriage portion, on her death, 167.
all her children equally, 167.
children of second wife share own mother’s portion,
167.
children of both mothers share equally in father’s
property, 167.
children of maid, if acknowledged, share equally with children
of wife, latter taking precedence, 170.
Shepherds, duties and liabilities of, 262-267.
Slander, against votary or married woman, 127.
of wife, 132.
of suitor, 161.
judiciary, against referees, 3.
of title, 11.
liability for, passively transmitted, 12.
seditious, 109.
Slave, one of three estates, domestic inferior—
not free to contract except by deed and bond, 6.
seduction from service, penal, 15.
fugitive, harbouring, 16.
,, capturing, 17.
,, retaining, 19.
,, refuses to name owner, 18.
,, re-escape of captured, 20.
subject to levy, 16.
marries
free woman, 175.
children free, 175.
woman marries master, bears sons, not to be sold, 119.
cure of, paid for by master, 218,
223.
his eye or limb, valued at half-price, 199.
assault on free-man by slave, 205.
gored by ox, 251.
of poor man, 219.
captured and repatriated, 280.
freed, if native, 281.
rebellious, repudiates master, 282.
Speculation in crops, futures, discouraged, 49,
50, X.
Spell, magical. See Witchcraft.
Stay of case, for production of witnesses, 13.
Stolen goods, guilty purchase of=theft, 10.
Storage. See Warehouse, Deposit.
Strength of a man, crown of the head (?), genitalia—
penalty for wounding the, of—
superior, 202.
equal, 203.
poor man, 204.
free-man by slave, 205.
Striking or wounding. See Assaults.
of father by son, 195.
Sub-letting, not to be objected to, 47.
Subornation, of perjury, 4.
Summons to appear before judge, 127.
See Calling to account.
Superior, assault of, 202.
Surgeon. See Doctor.
Sworn deposition, 9,
23, 103,
120, 126,
206, 240,
249.
Tablet, broken, annulment of contract, 37.
wetted, to rewrite date, 48.
Temple, property protected, 6,
8.
bound to ransom captive, 32.
Tenant’s risks,
45.
Theft, first order, involving entry, 6.
second order, in the open, 8.
by keeping property found, 9.
by selling property found, 10.
aggravated at fire, 25.
from deposit, 120.
under metayer, 254.
See Bailment, Lost property, Sacrilegious, Stolen goods, Treasonable,
Receiving.
Threatening witnesses, 3.
Threshing floor, 113.
Tongue cut out, 192.
Treasonable theft, first order, 6.
second order, 8.
Trespass, to realty, 54.
dolus, 54.
culpa, 55.
Tributary, a beneficed person, paid tribute, 36-41.
benefice inalienable, 36.
See Benefice.
Trust, deposit, regulated—
corn in granary, 120.
any goods, 122.
Undertaking. See Lease.
Untitled possession, 9,
10.
Veterinary surgeon, duties and liabilities of, 224,
225.
Vexatious claim of property as lost, 11.
Vivum vadium, 49.
Votary, not to open or enter wine shop, 110.
protected from slander, 127.
as wife, 145.
gives maid to husband, to bear children, 146.
not to be rivalled by maid, 147.
dowered as for marriage, 178.
free to leave her portion, if allowed by father’s
deed, 178, 179.
otherwise,
brothers assume charge of her estate and maintain her, 178.
or if they do not content her, she farms it out, 178.
if father gives her no portion, entitled on his death to
one child’s share, 180.
but must leave to brothers, 180.
if dedicated by father, and not portioned, entitled to
one-third share at his death, 181.
must leave this to brethren, 181.
if dedicated by father to Marduk of Babylon, and not portioned,
entitled to one-third share at his death, 182.
pays no taxes, 182.
leaves property as she likes, 182.
her child may be adopted, without her consent, 193.
,, if adopted, severely punished for
repudiating adopted parents, 193.
usually lived in convent, 110.
cannot alienate or mortgage estate, 178.
unless power granted by father’s deed, 179.
when brothers cannot interfere, 179.
Wages. See Hire.
Warden. See Constable.
Wards, children of re-married widow, by first marriage, 177.
Warehousing, 120-126.
fee for, one-sixtieth value, 121.
liability for loss in warehouse, 125.
Waste, 59.
land. See Reclaiming lease, 44,
63.
Weights, great, 108.
Widow, on husband’s death—
stays in his house, 171.
takes her portion and settlement, 171.
may not alienate them from children, 171.
if no
settlement, takes portion, and one child’s share, 172.
children cannot turn her out without legal process, 172.
if she wishes to leave and re-marry, resigns settlement
to children, but takes portion, 172.
on her death, children of both marriages divide her portion
equally, 172.
with young children, may marry, but she and husband are
bound trustees for the children, 177.
Wife, of free-man, not to be slandered, 127.
not legally married, without bonds, 128.
adultery by, drowned, 129.
falsely accused, 131.
slandered, 132.
of captive husband, 133-135.
bound to preserve fidelity if provided for, 133.
otherwise, may re-marry, 134.
but must rejoin husband, on return, 135.
children, of second marriage, if any, stay with father,
135.
deserted, 136.
divorce of, who has borne children, 137.
divorced, takes marriage portion, usufruct of field, garden,
and property, only leaves house, has custody and education of children,
then takes one child’s share, and is free to re-marry, 137.
,, and if not a mother, takes marriage
portion and bride-price, 138.
,, or in lieu of bride-price, fixed sum,
139, 140.
may seek divorce, 141.
bad, divorced without compensation, 141.
,, reduced to status of slave, 141.
denies conjugal rights, 142.
if bad, drowned, 143.
if justified by husband’s cruelty, separated, 142.
good,
stays at home, is not quarrelsome, economical, does not belittle her
husband, has no vice, 142.
may give maid to husband to bear children, 144.
husband then may not take concubine, 144.
maid may not rival, 145.
childless, does not give maid, husband can take concubine,
145.
concubine not to rival, 145.
invalid, to be maintained, not divorced, 148.
,, husband can marry second wife, 148.
,, may leave husband, taking portion, 149.
second wife only allowed, if first be invalid, or divorced,
137-141, 148.
can leave settlement to any child she prefers, 150.
liability for husband’s debts, 151.
procuring death of husband, for love of another, impaled,
153.
of official, no claim on benefice, 38.
deserted, free to marry, 136.
Wine seller, duties and liabilities, 108-110.
not to sell drink cheaper than corn, 108.
relaxation of this rule, 111.
not to suffer brawling or seditious talk, 109.
bound to hale brawlers to palace, 109.
votary not to be, 110.
Wit, 24, 116.
Witchcraft, laws against, 1,
2.
Witnesses—
(1) referees, elders of township, assessors of judge.
(2) knowing facts, recognising property.
(3) to document.
penalty for threatening, death, 3.
,, bribing, to bear sentence, 4.
necessary for legal purchase, 7,
9.
time granted to produce, 13.
to deposit,
122.
knowing lost property, 9.
Working expenses, 49.
Wounds, given in quarrel, 206.
grievous, cure by doctor, 215,
217, 218.
to cattle, cure, 225.
PRINTED BY MORRISON AND GIBB LIMITED, EDINBURGH.