open (in default of
multiple restoration) or receiving the same, for false claim to goods, for
kidnapping, for assisting or harbouring fugitive slaves, for detaining or
appropriating same, for brigandage, for fraudulent sale of drink, for
disorderly conduct of tavern, for delegation of personal service, for
misappropriating the levy, for oppression of feudal holders, for causing
death of a householder by bad building. The manner of death is not
specified in these cases. This death penalty was also fixed for such
conduct as placed another in danger of death. A specified form of death
penalty occurs in the following cases: gibbeting (on the spot where crime
was committed) for burglary, later also for encroaching on the king's
highway, for getting a slave-brand obliterated, for procuring husband's
death; burning for incest with own mother, for vestal entering or opening
tavern, for theft at fire (on the spot); drowning for adultery, rape of
betrothed maiden, bigamy, bad conduct as wife, seduction of
daughter-in-law.

A curious extension of the _talio_ is the death of creditor's son for his
father's having caused the death of debtor's son as mancipium; of builder's
son for his father's causing the death of house-owner's son by building the
house badly; the death of a man's daughter because her father caused the
death of another man's daughter.

The contracts naturally do not concern such criminal cases as the above, as
a rule, but marriage contracts do specify death by strangling, drowning,
precipitation from a tower or pinnacle of the temple or by the iron sword
for a wife's repudiation of her husband. We are quite without evidence as
to the executive in all these cases.

Exile was inflicted for incest with a daughter; disinheritance for incest
with a stepmother or for repeated unfilial conduct. Sixty strokes of an
ox-hide scourge were awarded for a brutal assault on a superior, both being
_amelu_. Branding (perhaps the equivalent of degradation to slavery) was
the penalty for slander of a married woman or vestal. Deprivation of office
in perpetuity fell upon the corrupt judge. Enslavement befell the
extravagant wife and unfilial children. Imprisonment was common, but is not
recognized by the Code.

The commonest of all penalties was a fine. This is awarded by the Code for
corporal injuries to a _muskinu_ or slave (paid to his master); for damages
done to property, for breach of contract. The restoration of goods
appro