A History of Ancient Near Eastern Law

(Romina) #1

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were carefully recorded, in particular when, as happened occasion-
ally, only a single witness could testify.^64

3.3.2 Written Documents
Written evidence was as valid as oral, hence demands to “produce
either witnesses or tablets” (EL 285:18f.; ICK 2 156:14f.; POAT
13:16f.); records speak of tablets that have to be “brought,” “shown,”
or “heard.” Problems concerning written evidence regularly arise
when a trader dies and his sons and heirs (who are responsible for
his debts) are faced with “valid deeds” (†uppum ¢armum) as proof of
claims or debts about which they are ignorant and whose validity
has to be checked by written evidence (the existence of a quittance
annuls a debt) or witnesses.^65 The defendant or plaintiff usually is
granted several months’ respite to produce evidence and if he does
not succeed, the tablet is considered valid (“his tablet remains his
tablet”). Verdicts by a kàrumor the City may state that certain tablets
are no longer valid.^66 Such tablets are said to “die” or “are killed.”
Since the validity of a tablet depends on it being sealed by the per-
son under obligation, the identification of his seal impression on the
tablet was essential, and there are judicial records where this is done
by relatives.^67

3.3.3 The Oath
For evidentiary oaths, witnesses and parties are “led down to the
gate of the god,” to swear by/on the symbol/emblem of a deity.
This usually happens at the order of the court, as the standard for-
mula at the end of depositions by witnesses shows (see 3.2.1, end).
We actually have verdicts of a kàrumand the City where such oaths
are imposed,^68 and they may have been sworn with “the three words
of the stele,” which are still unknown to us.^69 Men had to swear
“by/on the dagger (patrum) of the god Assur” and occasionally by/on
other symbols or emblems of that deity.^70 Such oaths started with

(^64) EL 256, 269, and 271–72.
(^65) E.g., CCT 6 13b.
(^66) EL 281; CCT 5 18a (verdict of a kàrum); TC 3 275 (three tablets).
(^67) See EL 293; Teissier, Sealing.. ., 43ff.
(^68) TC 3 130, 271.
(^69) See Veenhof, “Legislation.. .,” 1721f.
(^70) Regularly, mainly in smaller colonies, by the god Assur’s “ugarri"à"um(see CAD
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