(M271) The forfeit sometimes took the form of white horses, or foals (?),
which were dedicated to a divinity. Very interesting is the mention of the
dedication of the eldest child to a god, or goddess. This is worded as if
the dedication was to be by fire. The additional mention of incense or
cedarwood, as accompanying the offering, renders it probable that it was
really meant that the litigant should be punished by the sacrifice of his
child as a “burnt offering” to the god. But this only makes it clearer
that such penalties were simply meant to be deterrent. We have no proof
that such an offering ever took place. It was a memory of bygone horrors,
but not less interesting as showing what had once been possible. A more
natural and extremely common penalty was the payment of a tenfold value to
the disturbed owner. In later times this was twelvefold. This was an
example of the multiple restitution so common in the Code.
(M272) Something very like an ordeal was occasionally imposed. The very
fragmentary condition of the texts which give it adds to its obscurity.
But it appears to have consisted in the litigant being compelled to eat a
mina weight of some magically concocted food and to drink the contents of
an inscribed bowl. What the result was expected to be is not stated. One
fragmentary text appears to name the ingredients of the magic potion. All
that can be made out points to an ordeal, somewhat similar to that
inflicted upon a suspected wife in Numbers v. 12-31.
9. *Penalties for wrong-doing.*—We are chiefly indebted to the Code for
our knowledge of the penalties which the judge and his assessors might
inflict.
(M273) Foremost we may place the death-penalty. This was inflicted by the
Code for witchcraft, for theft, for corruption of justice, for rape, for
causing death by assault, for neglect of duties by certain officials, for
allowing a seditious assembly, for causing death by bad building, and for
varieties of these crimes. It is curious that no mention is made of murder
pure and simple. But this is only accidental. It is evidently assumed. For
the Code brings several cases of murder under this penalty. Procuring the
death of a husband is punished by it; even a fatal assault, as that on a
pregnant woman who dies of miscarriage as the result. The need of an oath
to establish lack of malice in giving a blow in a quarrel which led to
death tends to show that murder was punished by death, and that it was
regarded as death intentionally caused. An explicit statement was clearly
not needed. We do not yet know how this sentence was carried out. Usually
the Code only says “he shall be killed”; by whom, or how, is not stated.
For special cases the manner is described.
Public-domain text, read in full here on John Shaqi.
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