(M318) A case of assault and forcible entry into a house occurs.(245) But
the tablet is so defective that we cannot make out the rights of the case.
The superintendent of the city Shaḫrin, in the eighth year of Cyrus
complained to the priest of Shamash at Sippara, to the following effect:
He had taken into his house, as a prisoner, a certain man A. He pleads
that he is uncle to the priest and chief magistrate of the city. Why then
has the priest raised his hand over him? Further, seven men, who are
armed, have burst in his door and entered his house and taken a mina of
gold. Whether this was a rescue by relatives of the prisoner, or by order
of the priest, does not appear. As a result of this complaint, the elders
of the city were assembled and depositions made. Beyond the plea on the
part of the house-breakers that someone had paid them to break in the
door, and that the prisoner A was someone’s pledge, we get no further
information.
(M319) A case of procuration of desertion, forbidden by the Code(246)
under pain of death, was condoned by the injured party.(247) A caused a
maid of B’s to leave her master’s house. B received her back, pardoned A,
and took no money of him.
(M320) Adultery was punished in the Code by drowning.(248) The Code in
this and similar cases of sexual irregularity is explicit that the case
must be flagrant. Suspicion was not enough.(249) But conduct leading to
scandal had to be atoned for by submission to the ordeal. The Code did not
take a higher ground than public opinion. The private contracts name death
as punishment for adultery. Usually it is drowning, but being thrown from
a high place, temple, tower, or pillar is named. In the later contracts
death was still the penalty for a wife’s adultery, but the penalty had
ceased to be drowning only. The adulteress might be put to the sword.(250)
A woman’s procuring her husband’s death, for love of another, was punished
by impalement.(251)
(M321) Incest on the part of a man with his own daughter involved his
banishment.(252) Incest with a daughter-in-law, if she was his son’s full
wife, was apparently punished by his being drowned. The Code is obscure
here and we are not sure whether she was drowned also.(253) If the girl
was not yet fully married, the case was treated as one of ordinary
seduction, and the culprit was fined half a mina.(254)
If a man committed incest with his own mother, both were burned.(255) If a
man had intercourse with his foster-mother, or step-mother, who had borne
children to his father, he was disinherited.(256)
IX. The Family Organization
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