(M232) Special directions are also given to a judge as to his procedure,
when a father was minded to disinherit his son; or, when a widow with a
young family wished to marry again.(84) A slanderer was summoned before
the judge,(85) a son could not be cut off without referring the case to a
judge,(86) the children who wished to turn their widowed mother out of her
house had to appear before a judge.(87)
(M233) For the most part judges constituted a distinct profession, but it
must not be understood that they had no other means of livelihood. Indeed,
there is no hint anywhere that they received any remuneration for their
services. But it was a high honor and by no means subsidiary to another
office. Among those who officiated as judges we find most of the higher
officials. Doubtless the king himself acted as judge on occasions, and
probably no great official of the realm was wholly free from the call to
act in a judicial capacity. But, as a rule, the judge is simply noted as
“judge.” That the priests were judges is quite unproved. The judges were
men of great importance and high rank, but there is nothing to show that
they were priests. An age qualification is more likely.
(M234) The judge was a professional man. We often find a man, bearing the
title “judge,” acting as party to a suit, or witness to a deed, when he is
certainly not acting in his judicial capacity. To a certain extent he was
a territorial officer, had his own district for jurisdiction, and was
jealous of cases being taken elsewhere. How the ranks of the judges were
filled we do not know, but there is a hint of royal appointment in the
phrase, “the king’s judges.” On the other hand, there is clear evidence of
the office being hereditary. Thus, Ibik-Anunîtum had no less than three
sons, Idin-Ishtar, Marduk-mushallim, and Nannar-idinnam, all judges.
Whether a right to the office descended in the female line is not quite
clear, but we find a lady, Ishtar-ummu, among the judges, on occasion. She
was also the scribe.(88)
(M235) Though many high officials acted as judges, and so doing are named
before the simple “judge,” there is no evidence of the existence of any
“chief judge.” The order of names appears to be that of seniority alone.
This may be due to the nature of our documents. The phrase-books name a
“chief judge” for Sumerian times. In the later Assyrian period the
chief-justice was called _sartênu_, evidently because he fixed the
_sartu_, or fine, on the condemned party. Then also many high officials
acted as judges.(89)
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