A History of Ancient Near Eastern Law

(Romina) #1
his responsibility.”^55 Payment of such fees could be enforced, which
then led to an additional fee.^56 Lists of the fees were kept, perhaps
in some official archive.^57 A document from Adab suggests that these
payments ultimately went into the coffers of the palace.^58 Some
records of purchases and gifts mention a commissioner among the
witnesses.^59

2.1.4.2.2 The office of ma“kim at this time was a function, not a
profession, and it was not restricted to the judiciary. The commis-
sioner may be a scribe,^60 a barber,^61 a gendarme of the manager of
an estate,^62 a royal gendarme,^63 or a party to an earlier transaction.^64
His duties are for the most part not described. According to Edzard
and Wiggerman, he had to investigate economic and legal matters
relating to the lawsuit.^65 He is said to have divided the estate of a
woman,^66 and once he is said to have decided the case.^67 He might
be relieved of his office for misconduct.^68

(^55) SRU p. 223 s.vv.; Foster, “Notes.. .,” 21–24. In MVN 3 52, a royal “gen-
darme” receives 8 shekels of silver for his responsibility and 1 shekel as travel
expenses. According to col. ii 1' he acted as commissioner.
(^56) Foster, “Notes.. .,” no. 11 (translit. only); I read: 11 gi
ºg^4 [kù-babbar], dam
Túl-t[a-ra], ”u-ni-ºgnam-ma“[kim-“è], ì-na-ab-[lá-e], níºg nam-ma“kim 1 [giºg 4 kù-
babbar] “”uni-ilu will [pay] the wife of Tulta 11 shekels of silver as commissioner’s
(fee). The commissioner’s fee is 1 [shekel of silver].”
(^57) SRU 69; MAD 1, nos. 208, 228, 242; Foster, “Ethnicity.. .,” no. 9ff.
(^58) OIP 14 90 (Yang, Sargonic Inscriptions.. ., no. 819): “3 [.. .] cows, 1 one-year-
old bull, are the commissioner’s fee for the fact that the house of Geme-Ema“.k
had been divided. [Out] of these [the...cows by... .], and the one-year-old bull
by the herder Ur-diºgira.k were taken in charge from the palace. Month vii.”
(^59) E.g., SRU 1; 63 (after an obscure passage) (Fàra period); 64. Yang, Sargonic
Inscriptions.. ., no. 815 (Sargonic period), although very similar to a sale contract,
has features of a lawsuit resulting in the transaction: “1 female slave—she will bring
15 shekel of silver—Akalla on behalf of (the governor) Lugal-ºgi“made her pass the
wooden (pestle). ΩGissu was the commissioner. The Zabar[dab] paid him 1 shekel
of silver. (4 witnesses) are its witnesses.”
(^60) SRU 1 vi 4–6.
(^61) SRU 91 iii 7–8; Yang, Sargonic Inscriptions.. ., no. 650, 10–13.
(^62) Krecher, “Neue sumerische.. .,” no. 25.
(^63) MVN 3 52; SRU 71.
(^64) SRU 56 iii 12 (= Westenholz, Old Sumerian.. ., no. 50); see i 1–ii 2; he is an
inspector of the silversmiths.
(^65) “Ma“kim,” §1.
(^66) OIP 14 90 (Yang, Sargonic Inscriptions.. ., no. 819).
(^67) Krecher, “Neue sumerische.. .,” no. 25, 8–10: “Ur-Damu.k, the gendarme of
the manager of the estate, was the one who had rendered justice in this case”
(ma“kim d[i] si-sá-a-bi).
(^68) I understand FAOS 19 Gir 31:5–8 as, “I have relieved PN 1 and PN 2 of their
office as commissioner.” The reason may be mentioned in ll. 14–16: “A gift/bribe
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