FREE BOOKS

Author's List




PREV.   NEXT  
|<   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187  
188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   >>   >|  
obliged to pay twelve times the amount to the man he had condemned. Such an enactment must have occasionally given rise to hardship or injustice, but at least it must have had the effect of imbuing the judges with a sense of their responsibility and of instilling a respect for their decisions in the minds of the people. A further check upon injustice was provided by the custom of the elders of the city, who sat with the judge and assisted him in the carrying out of his duties; and it was always open to a man, if he believed that he could not get justice enforced, to make an appeal to the king. It is not our present purpose to give a technical discussion of the legal contents of the code, but rather to examine it with the object of ascertaining what light it throws upon ancient Babylonian life and customs, and the conditions under which the people lived. The code gives a good deal of information with regard to the family life of the Babylonians, and, above all, proves the sanctity with which the marriage-tie was invested. The claims that were involved by marriage were not lightly undertaken. Any marriage, to be legally binding, had to be accompanied by a duly executed and attested marriage-contract. If a man had taken a woman to wife without having carried out this necessary preliminary, the woman was not regarded as his wife in the legal sense. On the other hand, when once such a marriage-contract had been drawn up, its inviolability was stringently secured. A case of proved adultery on the part of a man's wife was punished by the drowning of the guilty parties, though the husband of the woman, if he wished to save his wife, could do so by an appeal to the king. Similarly, death was the penalty for a man who ravished another man's betrothed wife while she was still living in her father's house, but in this case the girl's innocence and inexperience were taken into account, and no penalty was enforced against her and she was allowed to go free. Where the adultery of a wife was not proved, and only depended on the accusation of the husband, the woman could clear herself by swearing her own innocence; if, however, the accusation was not brought by the husband himself, but by others, the woman could clear herself by submitting to the ordeal by water; that is to say, she would plunge into the Euphrates; if the river carried her away and she were drowned, it was regarded as proof that the accusation was well founded; if, on t
PREV.   NEXT  
|<   163   164   165   166   167   168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187  
188   189   190   191   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   >>   >|  



Top keywords:

marriage

 

accusation

 

husband

 

innocence

 

penalty

 

enforced

 

regarded

 

carried

 
contract
 

proved


adultery
 

appeal

 

injustice

 
people
 

inviolability

 
stringently
 
secured
 

plunge

 

Euphrates

 

brought


preliminary

 

submitting

 
founded
 

ordeal

 
parties
 

father

 

depended

 

living

 
allowed
 

account


inexperience

 

drowned

 

wished

 

drowning

 

guilty

 

ravished

 

betrothed

 

swearing

 
Similarly
 
punished

Babylonians

 

elders

 

custom

 

provided

 

assisted

 

justice

 

believed

 

carrying

 

duties

 

decisions