Middle Assyrian Laws

Historical source page 18

An Assyrian Law Code 17 rapes her, 48 whether he merely overpowers 49 the man's wife, or actually has intercourse with her, 60 the witnesses 51 may seize him and put the man to death. No guilt 52 attaches to the woman. 12 If the wife of a man leaves her house to meet a man at a ren- dezvous 53 and he rapes her, knowing that she is another man's wife, then they also 54 put the wife to death. 13 If a man has intercourse with a man's wife, whether in an interior 56 (?) or on the highway, knowing that she is another man's wife, they (mutually) agreeing 66 to do so in the manner customary between a man and his wife 67 , the man is adjudged to be an adulterer. 68 But if he did not know that she was another *• iHi-ak-U I, 2 from naku as above. "ik-M-du-u$ 'conquers her'. 60 i-ni-kiwi-ni. " h-bu-tu, who are called in to testify to the assault. From the interesting circumstance that the word sebutu means both 'elders' and 'witnesses', one is tempted to conclude that the 'witness' in Babylonian and Assyrian law was a 'professional' witness. The 'elders' in early society would form the natural tribunal; and they would be the ones called in to witness a legal document or to be present at the trial of an offender and to hear testimony in regard to the offender, even though they may not have actually been present at the commission of the crime. From this point of view, we can understand the extension of the term 'elder' to the very general sense of 'witness', and its still later use without reference to any professional status. •* Or 'punishment'. The term is again fyi-i-la as above, note 26. K a-sar us-pu-il-ni 'a place where (people) gather', i. e., the woman delib- erately goes out to meet a man. M tJ, the conjunction which as often has the force of 'also'. The law assumes that the man — as in §11 — is likewise put to death. M bit al-tam-me — a new word which from the context must designate an interior in contrast to 'highway'. It is quite possible that a bed-chamber or even a brothel is meant. *• Literally 'saying' . ••' I. e., as though they were man and wife. Note (as in § 22) the elaborate legal phraseology to prove that it is a genuine case of adultery. ** na-i-ka^na. See above, note 46. The punishment being death for the man according to the principle involved in § 11, it was not considered neces- sary to specify it again. 2 JAOS 41