(M307) The production of witnesses is the subject of not a few
undertakings. Thus,(226) by a fixed date, five days hence, A shall bring B
to be questioned about some asses belonging to the royal household.
Again,(227) N swears to come, six days hence, and bring another, on
account of the witness about A. He further undertakes to establish the
partnership. What was the exact cause of quarrel was not stated. These
agreements to abide by the testimony of a named witness may have been
entered into without reference to judges, but the oath may have been
administered before the court. Thus,(228) two parties agree to waive their
dispute and abide by witness produced. This they do before the _atû_
official of the gate of the temple. Again,(229) A is to bring witnesses on
the second of Ab, to the door of the _tikkalu’s_ house, and prove when and
to whom he gave certain garments. If this be proved, that B had received
them, B will restore the said garments to A; if not, B is free. Further,
if B does not appear on that day, he shall be bound to restore the
garments. Several other examples illustrate the point.(230)
(M308) A common method was, as has already been shown, to produce the bond
or other document, establishing the claim. If, for some reason, the
document was not producible, the oath of the scribe who wrote it might be
admitted.(231) The witnesses whose names appear on the document do not
seem to have been summoned. But in one case,(232) when two Persians had
sold two slave-girls, also Persians, to a Babylonian; a third Persian, who
had been witness to the sale, was called on to swear, “I know that the
money was paid,” and he sealed the document.
VII. Public Rights
(M309) The early inhabitants of Babylonia are usually regarded as a
non-Semitic race, whom we term Sumerians. Upon them was superimposed a
layer of Semitic peoples. The first dynasty of Babylon is now often called
Arabian. But the evidence of a previous admixture of peoples is not
lacking. The subsequent history bears witness to many invasions by
Kassites, Elamites, and nomad tribes, some Semitic, some probably not.
Later came Persians and Medes, not to speak of Greeks and Parthians.
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