any translation of a law document must always be that the technical expressions of one language cannot be rendered in terms that are co-extensive.  The rendering will have implications foreign to the original.  An attempt to minimise misconceptions is made by suggesting alternative renderings in the Index.  Further, by labelling a certain section, as the law of incest, for example, one definitely fixes the sense in which the translation is to be read.  Hence it is hoped that the Index

will be no less helpful than the translation in giving readers an idea of what the Code really meant.

No doubt this remarkable monument will be made the subject of many valuable monographs in the future, which will greatly elucidate passages now obscure.  But it was thought that the interest of the subject warranted an immediate issue of an English translation, which would place the chief features of the Code before a wider public than those who could read the original.  The present translation is necessarily tentative in many places, but it is hoped marks an advance over those already published.

Dr. H. Winckler’s rendering of the Code came into my hands after this work was sent to the publishers, and I have not thought it necessary to withdraw any of my renderings.  In some points he has improved upon Professor Scheil’s work, in other points he is scarcely so good.  But any discussion is not in place here.  I gratefully acknowledge my obligations to both, but have used an independent judgment all through.  I hope shortly

to set out my reasons for the differences between us in a larger work.  A few of Dr. Winckler’s renderings are quoted in the Index, and marked—Winckler’s tr.

C. H. W. JOHNS.

cambridge,
January 31, 1903.

THE TEXT OF THE CODE

§ 1.  If a man weave a spell and put a ban upon a man, and has not justified himself, he that wove the spell upon him shall be put to death.

§ 2.  If a man has put a spell upon a man, and has not justified himself, he upon whom the spell is laid shall go to the holy river, he shall plunge into the holy river, and if the holy river overcome him, he who wove the spell upon him shall take to himself his house.  If the holy river makes that man to be innocent, and has saved him, he who laid the spell upon him shall be put to death.  He who

plunged into the holy river shall take to himself the house of him who wove the spell upon him.

§ 3.  If a man, in a case pending judgement, has uttered threats against the witnesses, or has not justified the word that he has spoken, if that case be a capital suit, that man shall be put to death.

§ 4.  If he has offered corn or money to the witnesses, he shall himself bear the sentence of that case.

§ 5.  If a judge has judged a judgement, decided a decision, granted a sealed sentence, and afterwards has altered his judgement, that judge, for the alteration of the judgement that he judged, one shall put him to account, and he shall pay twelvefold the penalty which was in the said judgement, and in the assembly one shall expel him from his judgement seat, and he shall not return, and with the judges at a judgement he shall not take his seat.

§ 6.  If a man has stolen the goods of temple or palace, that man shall be killed,

and he who has received the stolen thing from his hand shall be put to death.

§ 7.  If a man has bought silver, gold, manservant or maidservant, ox or sheep or ass, or anything whatever its name, from the hand of a man’s son, or of a man’s slave, without witness and bonds, or has received the same on deposit, that man has acted the thief, he shall be put to death.

§ 8.  If a man has stolen ox or sheep or ass, or pig, or ship, whether from the temple or the palace, he shall pay thirtyfold.  If he be a poor man, he shall render tenfold.  If the thief has nought to pay, he shall be put to death.

§ 9.  If a man who has lost something of his, something of his that is lost has been seized in the hand of a man, the man in whose hand the lost thing has been seized has said, ‘A giver gave it me,’ or ‘I bought it before witnesses,’ and the owner of the thing that is lost has said, ‘Verily, I will bring witnesses that know my lost property,’ the buyer has brought the giver who gave it him and the witnesses before whom he bought

it, and the owner of the lost property has brought the witnesses who know his lost property, the judge shall see their depositions, the witnesses before whom the purchase was made and the witnesses knowing the lost property shall say out before God what they know; and if the giver has acted the thief he shall be put to death, the owner of the lost property shall take his lost property, the buyer shall take the money he paid from the house of the giver.

§ 10.  If the buyer has not brought the giver who gave it him and the witnesses before whom he bought, and the owner of the lost property has brought the witnesses knowing his lost property, the buyer has acted the thief, he shall be put to death; the owner of the lost property shall take his lost property.

§ 11.  If the owner of the lost property has not brought witnesses knowing his lost property, he has lied, he has stirred up strife, he shall be put to death.

§ 12.  If the giver has betaken himself to

his fate, the buyer shall take from the house of the giver fivefold as the penalty of that case.

§ 13.  If that man has not his witnesses near, the judge shall set him a fixed time, up to six months, and if within six months he has not driven in his witnesses, that man has lied, he himself shall bear the blame of that case.

§ 14.  If a man has stolen the son of a freeman, he shall be put to death.

§ 15.  If a man has caused either a palace slave or palace maid, or a slave of a poor man or a poor man’s maid, to go out of the gate, he shall be put to death.

§ 16.  If a man has harboured in his house a manservant or a maidservant, fugitive from the palace, or a poor man, and has not produced them at the demand of the commandant, the owner of that house shall be put to death.

§ 17.  If a man has captured either a manservant or a maidservant, a fugitive, in the open country and has driven him back to his

master, the owner of the slave shall pay him two shekels of silver.

§ 18.  If that slave will not name his owner he shall drive him to the palace, and one shall enquire into his past, and cause him to return to his owner.

§ 19.  If he confine that slave in his house, and afterwards the slave has been seized in his hand, that man shall be put to death.

§ 20.  If the slave has fled from the hand of his captor, that man shall swear by the name of God, to the owner of the slave, and shall go free.

§ 21.  If a man has broken into a house, one shall kill him before the breach and bury him in it (?).

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