(M303) We have an acknowledgment before the court and a promise to pay the
debt. This promise was usually made on oath, or guarantees were given.
Here is an involved case. A is father of B’s mother. B’s father is long
dead. The property of A, his grandfather, has now come into B’s hands. He
finds an old bond for an advance from A to C and D. The latter D is also
dead but had a son E, who inherited. Hence B now sues C and E for the
money. The bond is shown to C, who remembers and acknowledges the debt and
he now undertakes to bring his fellow-debtor E and discharge the debt.
(M304) Men did not always stand their trial, but sometimes settled the
case by an agreement out of court.(221) A and his wife sued B for some
slaves, people of their house. B dreads the trial and does not appear. The
wife was B’s mother, evidently remarried. B brings the slaves whom he
still has and offers four minas as payment for one who has died in his
house. The offer is accepted and parties agree to be quit.
(M305) The decision of a dispute was not always referred to professional
judges. A very interesting example occurs,(222) when the eldest member of
the family and _kinatti aplišu_, “the family of his son,” act as judges.
The plaintiff is an old lady, who had been married, and had a daughter
married. These facts are not rehearsed in the tablet itself, which
concerns a division of property, but are collected from a number of
tablets, spread over some sixty years. The way in which information is
thus collected is an instructive example of the manner in which the
different documents illustrate and explain one another.(223)
(M306) Connected with legal decisions are the undertakings to appear
before the court, of which we have several examples. Thus,(224) A
undertakes to bring B to Babylon and answer the complaint of C. Or again,
a certain gardener spoke to A before an official of the _mâr banûtu_. This
official was subpœnaed, as we should say, and swore by Bêl, Nabû, and
Darius, that on the 8th of Sebat, two days hence, he would come and take
up the case.(225)
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