Babylonians and Assyrians : $b Life and customsSayce, A. H. (Archibald Henry)
History
Babylonians and Assyrians : $b Life and customs
Sayce, A. H. (Archibald Henry)
Assyria -- Social life and customs; Babylonia -- Social life and customs
Babylonian law resembled that of England in being founded upon precedents.
The code which was supposed to have been revealed by Ea, or Oannes,
belonged to the infancy of Chaldean society and contained only a
rudimentary system of legislation. The actual law of the country was a
complicated structure which had been slowly built up by the labors of
generations. An abstract was made of every important case that came before
the judges and of the decision given in regard to it; these abstracts were
carefully preserved, and formed the basis of future judgments.
The judges before whom the cases were brought were appointed by the King,
and acted in his place. They sat under a president, and were usually four
or five in number. They had to sign their names at the end of their
judgments, after which the date of the document was added. It is probable
that they went on circuit like Samuel in Israel and the “royal judges” of
Persia.
Where foreigners were involved the case was first tried before special
judges, who probably belonged to the same nationality as the parties to
the suit; if one of the latter, however, was a Babylonian it was afterward
brought again before a native tribunal. Sometimes in such cases the
primitive custom was retained of allowing “the elders” of the city to sit
along with the judges and pronounce upon the question in dispute. They
thus represented to a certain extent an English jury. Whether they
appeared in cases in which Babylonians alone were engaged is doubtful. We
hear of them only where one at least of the litigants is an Amorite from
Canaan, and it is therefore possible that their appearance was a
concession to Syrian custom. In Babylonia they had long been superseded by
the judges, the royal power having been greater there from the outset than
in the more democratic West, and consequently there would have been but
little need for their services. If, however, the foreign settlers had been
accustomed at home to have their disputes determined by a council of
elders, we can understand why they were still allowed in Babylonia to
plead before a similar tribunal, though it could do little more than
second the decisions of the judges.
Plaintiff and defendant pleaded their own causes, which were drawn up in
legal form by the clerks of the court. Witnesses were called and examined
and oaths were taken in the names of the gods and of the King.
The King, it must be remembered, was in earlier times himself a god. In
later days the oaths were usually dropped, and the evidence alone
considered sufficient. Perhaps experience had taught the bench that
perjury was not a preventable crime.
Public-domain text, read in full here on John Shaqi.
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