It is not profitable to discuss these mere fragments of a code. The most
interesting thing is their existence. We may one day recover the Code in
full. These are not retranslations into Sumerian, by learned scribes, of
late laws. For exactly these words and phrases occur in the contracts of
the First Dynasty of Babylon, before and after the Code of Ḥammurabi,
which deals with the same cases, but in different words. In fact, this
Sumerian Code is quoted, as the later Code was quoted, in documents which
embody the sworn agreement of the parties to observe the section of the
Code applying to their case. This is indeed the characteristic of the
early contracts: after indicating the particulars of the case, an oath is
added to the effect that the parties will abide by the law concerning it.
Even where no reference is made to a law, it is because either no law had
been promulgated on the point, or because the law was understood too well
to need mention. Later this law-abiding spirit was less in evidence and
the contract became a private undertaking to carry out mutual engagements.
But even then it was assumed that a law existed which would hold the
parties to the terms of an engagement voluntarily contracted.
II. The Code Of Ḥammurabi
(M62) § 1. If a man has accused another of laying a _nêrtu_ (death spell?)
upon him, but has not proved it, he shall be put to death.
§ 2. If a man has accused another of laying a _kišpu_ (spell) upon him,
but has not proved it, the accused shall go to the sacred river, he shall
plunge into the sacred river, and if the sacred river shall conquer him,
he that accused him shall take possession of his house. If the sacred
river shall show his innocence and he is saved, his accuser shall be put
to death. He that plunged into the sacred river shall appropriate the
house of him that accused him.
(M63) § 3. If a man has borne false witness in a trial, or has not
established the statement that he has made, if that case be a capital
trial, that man shall be put to death.
(M64) § 4. If he has borne false witness in a civil law case, he shall pay
the damages in that suit.
(M65) § 5. If a judge has given a verdict, rendered a decision, granted a
written judgment, and afterward has altered his judgment, that judge shall
be prosecuted for altering the judgment he gave and shall pay twelvefold
the penalty laid down in that judgment. Further, he shall be publicly
expelled from his judgment-seat and shall not return nor take his seat
with the judges at a trial.
(M66) § 6. If a man has stolen goods from a temple, or house, he shall be
put to death; and he that has received the stolen property from him shall
be put to death.
(M67) § 7. If a man has bought or received on deposit from a minor or a
slave, either silver, gold, male or female slave, ox, ass, or sheep, or
anything else, except by consent of elders, or power of attorney, he shall
be put to death for theft.
Public-domain text, read in full here on John Shaqi.
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