The decision of the chief-justice, which he laid on Ḥanî. Three
hundred sheep, with their belongings, property of the king’s son
were lost, or killed by the shepherds. Each shepherd was condemned
to pay two talents of bronze as his fine. Ḥanî, and his people,
and his fields, were taken as security for the payment for the
three hundred sheep, and the fines due from the shepherds.
“Whoever shall demand him, his _šaknu_, his _rab kiṣir_, or any
representative of his, shall pay for three hundred sheep and the
fines for the shepherds and then Ḥanî shall be released.” Dated
27th of Sebat, B.C. 679. Four witnesses.
The defendant had been intrusted with three hundred sheep, which he had to
return in full, with a proper increase of lambs. But, evidently in the
disorders which arose on the death of Sennacherib, Ḥanî had lost or made
away with them. If he had intrusted them to shepherds, either the
shepherds had killed them, or, as some take it, Ḥanî had killed the
shepherds. In the former case he owed two talents of bronze as fine from
each shepherd, in the latter he had to pay the same amount for each.
Either way, he was held responsible for the value of three hundred sheep
and two talents of bronze for each shepherd. He and all he had were seized
for the liability. It is interesting to note that his district governor,
or the colonel of the regiment to which he belonged, was thought likely to
liberate him; but some other representative might do so. The lost property
belonged to the king’s son. This may have been Esarhaddon, or one of
Sennacherib’s other sons. But, at any rate, it is clear that Esarhaddon
was putting his household in order.
(M296) The other examples known to us do not add to our legal knowledge.
The subjects are chiefly misappropriations of property and there is little
variety.
(M297) The later Babylonian tablets throw some light upon legal procedure
in Babylon. The greater detail exhibited by them is due largely to the
fact that for this period we have so many private documents. The greater
portion of the material for this part of the subject has been worked over
by Professor J. Kohler and Dr. F. E. Peiser, in their valuable treatise
_Aus Babylonische Rechtsleben_. Little can be added beyond additional
examples and illustration.
(M298) The judges acted as a college and not separately. There might be
present at a case a chief judge and several judges assisting. Other cases
were decided before a single judge. The _šibûtu_ continue to act as a
jury. They were the elders of the city, competent to decide the rights of
the case. But the exact form of the organization is not yet quite clear.
The process began with the charge. The plaintiff preferred this himself,
or by a messenger. His plea was heard and his proofs considered. Then the
court caused the accused to come before them and answer the charge.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account