(M260) A ceremony which often took place on the annulment of a former
agreement, or cancelling of a deed was the breaking of the tablet
embodying the former contract. The same ceremony took place on repayment
of a debt, or on dissolution of a partnership, apparently without recourse
to judges. This was ordered by the Code in case of purchases of property
which it was illegal to sell or buy, such as the benefice of a reeve or
runner.(129) So when an adopted child had failed to carry out the bond to
nourish and care for the adoptive parent, the deed of adoption was
formally broken by the judges.(130)
For later times we have little evidence. What there is was collected by
Kohler-Peiser,(131) and agrees in general with the above.
(M261) 6. *The decision.*—In these ways the judges “quieted the strife,”
“composed the complaint.”(132) It was the standard conception of a legal
decision that it should be irrevocable. The Code enacts the deprivation
and deposition of a judge for revoking his judgment.(133) The legal
decisions lay down the stipulation that the losing party shall not “turn
back,” shall not “complain.” These phrases nearly always occur, as they do
also in contracts. To insure compliance with the decision the judges again
exacted an oath. Whether both parties swore, or only the losers, is not
clear. The statement usually is “they swore,” without mention of the
persons who did so.
(M262) The decision, being complete, was embodied in a document drawn up
by the scribe, regularly witnessed, often by the judges, and sealed. Thus
it was that the judges granted him an irrevocable tablet.(134) These
irrevocable tablets, practically imperishable also, have now come after
thousands of years, to tell their tale.
(M263) 7. *Administration of the oath.*—The ceremony of swearing to the
truth of evidence, or the terms of a compact, is continually mentioned.
The exact form of words used in taking the oath is not certain; but in
actual suits, in the law-court procedure, the judges administered an oath
to both parties and witnesses. In the Code oaths were admitted for
purgation of alleged crime,(135) as evidence of loss, deposit,
injury;(136) and the reception of a sworn deposition is recorded.(137)
References to oaths continually occur in the contracts.
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