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The Oldest Code of Laws in the World - The code of laws promulgated by Hammurabi, King of Babylon - B.C. 2285-2242
by Hammurabi, King of Babylon
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Master's right over married slave's property, 175, 176. pays for slave's cure, 217, 223. See Slave.

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

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

Militia, or conscript, for corvee— fugitive from, 9. granted to governor, 33.

Minor, status of, 7.

Miscarriage, 209. See Assault, Fine.

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

Mortgage. See Debt.

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

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

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

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

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

Office, duty of official, 40.

Officials, PA-PA and NU-TUR— duties and liabilities, 33, 34. See Governor, Ganger, Constable, Reeve, Bailiff, Runner, Palace, Judge.

Ordeal, by water, nature of, 2. for witchcraft, 2. purgation of slander, 132.

Ox, working, not to be distrained on, 241. ,, hire, 242. furious, 250. vicious, 251.

Palace, equivalent to state, king, gentleman's residence— property of, 11. ransom by, 32. place of judgement, 109.

Palace official, 'one who stands in the presence'— child of, may be adopted without demur, 192.

Perjury, 3, 4.

Personal property of official pledged, 39.

Pin-money. See Settlement.

Pledge, of benefice, illegal, 38. personal property allowed, 39. See Debt.

Poor man, separate estate, contrasted with gentleman and slave— theft from, 8. abduction of slave from, 15. liable to conscription or levy, 16. reduced charges for divorce, 140. owned slave, 15, 175, 176. his eye or limb valued at one mina of silver, 198. his tooth valued at one-third mina of silver, 201. assault by poor man, 204. assault by, 208. fee for cure of wound or eye, 208. fee for cure of limb or bowel, 222.

Pregnant woman. See Assault, Fine.

Prescriptive right to benefice acquired by discharge of office, 30.

Presumption, 7.

Price of drink not to be less than corn, 108. except at harvest time, then five-sixths, 111.

Principal. See Merchant.

Procuration of desertion of slave from master, 15.

Produce rent, 42. of field, one-half or one-third crop, 46. of garden, two-thirds crop, 64.

Ransom, of captive official, 32. by serf, 32. by town, 32. by palace, 32.

Rape, of betrothed maiden, 130.

Rebellion, loss by, 125.

Receipt, sealed written document— to be taken by agent for goods committed, 104. to be taken by depositor, 124, 125.

Receiving of stolen goods, 10.

Reclaiming lease, 44.

Recovery, of lost property, 9, 10, 126. of deposit, 124, 125.

Redemption of pledge or mancipium, 119. debtor must redeem a maid who has borne him children, 119.

Reeve. See Ganger.

Referees. See Witnesses.

Refusal to name owner, 19. of conjugal rights, 141.

Reimbursement to evicted purchaser, 9.

Re-marriage of divorced woman, 141. of widow, 173. her marriage portion shared equally by children of both marriages, 173. if no children of second marriage, those of first take all, 174.

Remission of penalty, 129.

Rents, usually share of produce, 46, 64. fixed by Code for— land leased to be reclaimed, three years free, fourth year ten GUR per GAN, 44; cf. 63. land leased to plant as garden, four years free, fifth year half- produce, 60; cf. Lev. xix. 25. garden leased to till, two-thirds produce, 64. abatement, if crop destroyed, 45. no abatement if culpable negligence, 52.

Repatriation of slave, 280, 281.

Repudiation of adoptive parents— by son of votary, or palace official, 192.

Res perit domino, 115.

Restitution, compensation, damages, reimbursement— simple, 9, 10, 12. goods for goods, 232. ox or ass, for same, 245, 246, 263. slave for slave, 219, 231. of deposit, 125. threefold, for cheating principal, 106. fivefold, for goods lost or stolen by carrier, 112; cf. 12. sixfold, for over-charging agent, 107. tenfold, for theft by poor man, 8. ,, for culpable loss by herdsman or shepherd, 265. twelvefold, for false sentence by judge, 5. thirtyfold, for theft by gentleman, 5.

Retaliation, eye for eye, 196. limb for limb, 197. tooth for tooth, 200. son for son, 116, 230. slave for slave, 219, 231. suitor to bear penalty he sought to bring, 4, 13. See Restitutions.

Return, of slave purchased— permissible within one month, for disease, 278. or other undisclosed defect, 279.

Reward, for capturing fugitive slave, 17.

Risks, landlord's, 45, 46. lessor's, 244. warehouseman's, 125. tenant's, 45.

Robbery, 22, 23.

Runnel, 55.

Runner. See Constable.

Sacrilegious theft— of first order, 6. of second order, 8.

Sale of, man and property, to pay fine, 54. wife or child, for debt, 117. crops to pay, according to scale, 51.

Scale damages. See King's standard.

Scandal, 132.

Scourging, with cowhide whip, sixty strokes, 202.

Second marriage, 166, 167. See Re-marriage, Widow.

Seduction, of betrothed daughter-in-law, 155. of slave, from service, 15.

Self-help, forbidden, 113.

Separation, of husband and wife— grounds for, on part of husband— gone out, deserted home, 142. belittled wife, 142. on part of wife— set to desert home, 141. quarrelsome, 141. ruinous, 141. belittled husband, 141.

Settlement, or pin-money, estate, or goods settled on wife— by husband, in lifetime, by written deed, 150. children not to dispute, 150. wife has freedom of testamentary devise, 150. among her children of that marriage, 150. wife may not leave to brothers, 150. widow enjoys for life, if she remains in husband's house, 171. widow bequeaths to children, 171. ,, resigns if she re-marries, 172. compare gift to favourite child.

Share, of father's property, on his death— equally by all children, 165. divorced wife, as one child, 137. with reservation apart, of gift to favourite, 165. ,, ,, of wife's settlement, 150. ,, ,, bride-price for unmarried son, 166. ,, ,, portion for votary sister, 178. of mother's marriage portion, on her death, 167. all her children equally, 167. children of second wife share own mother's portion, 167. children of both mothers share equally in father's property, 167. children of maid, if acknowledged, share equally with children of wife, latter taking precedence, 170.

Shepherds, duties and liabilities of, 262-267.

Slander, against votary or married woman, 127. of wife, 132. of suitor, 161. judiciary, against referees, 3. of title, 11. liability for, passively transmitted, 12. seditious, 109.

Slave, one of three estates, domestic inferior— not free to contract except by deed and bond, 6. seduction from service, penal, 15. fugitive, harbouring, 16. ,, capturing, 17. ,, retaining, 19. ,, refuses to name owner, 18. ,, re-escape of captured, 20. subject to levy, 16. marries free woman, 175. children free, 175. woman marries master, bears sons, not to be sold, 119. cure of, paid for by master, 218, 223. his eye or limb, valued at half-price, 199. assault on free-man by slave, 205. gored by ox, 251. of poor man, 219. captured and repatriated, 280. freed, if native, 281. rebellious, repudiates master, 282.

Speculation in crops, futures, discouraged, 49, 50, X.

Spell, magical. See Witchcraft.

Stay of case, for production of witnesses, 13.

Stolen goods, guilty purchase of=theft, 10.

Storage. See Warehouse, Deposit.

Strength of a man, crown of the head (?), genitalia— penalty for wounding the, of— superior, 202. equal, 203. poor man, 204. free-man by slave, 205.

Striking or wounding. See Assaults. of father by son, 195.

Sub-letting, not to be objected to, 47.

Subornation, of perjury, 4.

Summons to appear before judge, 127. See Calling to account.

Superior, assault of, 202.

Surgeon. See Doctor.

Sworn deposition, 9, 23, 103, 120, 126, 206, 240, 249.

Tablet, broken, annulment of contract, 37. wetted, to rewrite date, 48.

Temple, property protected, 6, 8. bound to ransom captive, 32.

Tenant's risks, 45.

Theft, first order, involving entry, 6. second order, in the open, 8. by keeping property found, 9. by selling property found, 10. aggravated at fire, 25. from deposit, 120. under metayer, 254. See Bailment, Lost property, Sacrilegious, Stolen goods, Treasonable, Receiving.

Threatening witnesses, 3.

Threshing floor, 113.

Tongue cut out, 192.

Treasonable theft, first order, 6. second order, 8.

Trespass, to realty, 54. dolus, 54. culpa, 55.

Tributary, a beneficed person, paid tribute, 36-41. benefice inalienable, 36. See Benefice.

Trust, deposit, regulated— corn in granary, 120. any goods, 122.

Undertaking. See Lease.

Untitled possession, 9, 10.

Veterinary surgeon, duties and liabilities of, 224, 225.

Vexatious claim of property as lost, 11.

Vivum vadium, 49.

Votary, not to open or enter wine shop, 110. protected from slander, 127. as wife, 145. gives maid to husband, to bear children, 146. not to be rivalled by maid, 147. dowered as for marriage, 178. free to leave her portion, if allowed by father's deed, 178, 179. otherwise, brothers assume charge of her estate and maintain her, 178. or if they do not content her, she farms it out, 178. if father gives her no portion, entitled on his death to one child's share, 180. but must leave to brothers, 180. if dedicated by father, and not portioned, entitled to one-third share at his death, 181. must leave this to brethren, 181. if dedicated by father to Marduk of Babylon, and not portioned, entitled to one-third share at his death, 182. pays no taxes, 182. leaves property as she likes, 182. her child may be adopted, without her consent, 193. ,, if adopted, severely punished for repudiating adopted parents, 193. usually lived in convent, 110. cannot alienate or mortgage estate, 178. unless power granted by father's deed, 179. when brothers cannot interfere, 179.

Wages. See Hire.

Warden. See Constable.

Wards, children of re-married widow, by first marriage, 177.

Warehousing, 120-126. fee for, one-sixtieth value, 121. liability for loss in warehouse, 125.

Waste, 59. land. See Reclaiming lease, 44, 63.

Weights, great, 108.

Widow, on husband's death— stays in his house, 171. takes her portion and settlement, 171. may not alienate them from children, 171. if no settlement, takes portion, and one child's share, 172. children cannot turn her out without legal process, 172. if she wishes to leave and re-marry, resigns settlement to children, but takes portion, 172. on her death, children of both marriages divide her portion equally, 172. with young children, may marry, but she and husband are bound trustees for the children, 177.

Wife, of free-man, not to be slandered, 127. not legally married, without bonds, 128. adultery by, drowned, 129. falsely accused, 131. slandered, 132. of captive husband, 133-135. bound to preserve fidelity if provided for, 133. otherwise, may re-marry, 134. but must rejoin husband, on return, 135. children, of second marriage, if any, stay with father, 135. deserted, 136. divorce of, who has borne children, 137. divorced, takes marriage portion, usufruct of field, garden, and property, only leaves house, has custody and education of children, then takes one child's share, and is free to re-marry, 137. ,, and if not a mother, takes marriage portion and bride-price, 138. ,, or in lieu of bride-price, fixed sum, 139, 140. may seek divorce, 141. bad, divorced without compensation, 141. ,, reduced to status of slave, 141. denies conjugal rights, 142. if bad, drowned, 143. if justified by husband's cruelty, separated, 142. good, stays at home, is not quarrelsome, economical, does not belittle her husband, has no vice, 142. may give maid to husband to bear children, 144. husband then may not take concubine, 144. maid may not rival, 145. childless, does not give maid, husband can take concubine, 145. concubine not to rival, 145. invalid, to be maintained, not divorced, 148. ,, husband can marry second wife, 148. ,, may leave husband, taking portion, 149. second wife only allowed, if first be invalid, or divorced, 137-141, 148. can leave settlement to any child she prefers, 150. liability for husband's debts, 151. procuring death of husband, for love of another, impaled, 153. of official, no claim on benefice, 38. deserted, free to marry, 136.

Wine seller, duties and liabilities, 108-110. not to sell drink cheaper than corn, 108. relaxation of this rule, 111. not to suffer brawling or seditious talk, 109. bound to hale brawlers to palace, 109. votary not to be, 110.

Wit, 24, 116.

Witchcraft, laws against, 1, 2.

Witnesses— (1) referees, elders of township, assessors of judge. (2) knowing facts, recognising property. (3) to document. penalty for threatening, death, 3. ,, bribing, to bear sentence, 4. necessary for legal purchase, 7, 9. time granted to produce, 13. to deposit, 122. knowing lost property, 9.

Working expenses, 49.

Wounds, given in quarrel, 206. grievous, cure by doctor, 215, 217, 218. to cattle, cure, 225.

PRINTED BY MORRISON AND GIBB LIMITED, EDINBURGH.

THE END

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