(M252) The parties, having found a judge and obtained a day for hearing,
“entered,” or “went down to,” the great temple of Shamash, at Sippara,
called Ebabbarim.(105) There, as we know, Ḥammurabi set up one of the
copies of the Code. The case was heard sometimes at the “old gate.”(106)
At Babylon, the parties were taken to the temple of Merodach,
Esagila.(107) At Larsa, the “gate” of _NIN-MAR-KI_, or the temple of Sin,
might be chosen.(108) The temple of Ishhara is also named.(109)
(M253) 5. *Procedure.*—We have only scattered hints regarding legal
procedure. The Code says that the judges “saw the pleas.”(110) The scribe
uses the same expression.(111) As a rule, he records the plaintiff’s
statement of claim first. Then he records a counter-statement. There is a
strong suggestion that he quotes from written documents. The judges read
these, or heard the verbal statements.
(M254) As part of the legal process, the object in dispute, or, at any
rate, the deeds relating to it, were brought into court, and resigned into
the hands of the god.(112) He was to discern the rightful owner and
restore the object to him. Hence the decision was “the judgment of Shamash
in the house of Shamash,(113) the judgment of the house of Shamash.”(114)
So the defendant was said “to make his account before Shamash.”(115) In
bringing a suit the parties “sought the altar of Shamash.”(116) In case of
loss or damage, the claimant recounted it “before god.”
(M255) In confirmation of the statements alleged witnesses might be called
for, who were put on oath before god and the king. They were supposed to
know the object claimed and whose it was,(117) or to know that a
transaction had taken place.(118)
(M256) Tampering with witnesses, or with a jury, was penalized by the
Code.(119) The judges might refuse to accept the witness,(120) and then
might decide the case on the sworn deposition of the plaintiff.
(M257) Documentary evidence might be demanded. The judges might decide to
take the evidence of their own senses and go to see an estate or a house
in dispute.(121) Or they might determine that it was a case for the
accused to purge himself, which he did by oath.(122)
(M258) Having thus informed themselves of the rights of the case the
judges proceeded to pronounce a decision, “they caused them to receive
judgment.” This phrase nearly always occurs in the legal decisions. The
decision might be called “the judgment of the particular judge,” for
example, _dîn Išarlim_, “Israel’s judgment.”(123) The sentence is
sometimes stated in the words of the judges themselves, introduced by
_ikbu_, “they said.”(124) Thus we read “the tablet which A granted to B is
good, they said.”(125)
(M259) If one party was in the wrong, the judges “laid the wrong on
him,”(126) or “put him in the wrong.”(127) When the suit was to recover a
debt, or find compensation, the judges might name a sum which they paid
over to the proper person.(128) This was damages, not a fine.
Public-domain text, read in full here on John Shaqi.
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