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
A suit might be compromised by the litigants before it came into court. In
the reign of Nebuchadnezzar a certain Imliya brought witnesses to the door
of the house of an official called Bel-iddin, and accused Arrali, the
superintendent of the works, of having stolen an overcoat and a loin-cloth
belonging to himself. But it was agreed that there would be no need on the
part of the plaintiff to summon witnesses; the stolen goods were returned
without recourse to the law.
The care taken not to convict without sufficient evidence, and the
thoroughness with which each case was investigated, is one of the most
striking features in the records of the Babylonian lawsuits which have
come down to us. Mention has already been made of the case of the runaway
slave Barachiel, who pretended to be a free citizen and the adopted son of
a Babylonian gentleman. Every effort seems to have been made to get at the
truth, and some of the higher officials were associated with the judges
before whom the matter was brought. Eventually cross-examination compelled
Barachiel to confess the actual facts. It is noticeable that no torture
was used to compel confession, even though the defendant was not a free
citizen. No allusion, in fact, is ever made to torture, whether by the
bastinado or otherwise; the evidence of witnesses and the results of
cross-examination are alone depended upon for arriving at the truth. In
this respect the legal procedure of Babylonia offers an honorable contrast
to that of ancient Greece or Rome, or even of Europe down to the middle of
the last century.
Public-domain text, read in full here on John Shaqi.
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