A History of Ancient Near Eastern Law

(Romina) #1

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tion as ruler: “The elders may not address (you); my son should not
be approached for personal advantage (?). To you, my son, (even)
the elders of Hattusa may not speak. All the less so may someone
from the people say a word to you” (§11). So that his directive not
be forgotten, the king orders: “This tablet should be read to you
every month” (§22). In this way Hattusili emphasizes his demands
upon the State. In §29 he stresses the necessity for unity and solid-
arity among the royal family: “May your family be united like those
of the animals!”

2.1.3 Nonetheless, the following centuries saw bitter struggles for
the throne, with repeated coups and assassinations within the palace.
The situation changed only after 1500, when King Telipinu pro-
mulgated his constitutional edict. Section 28 lays down the follow-
ing rule of succession:

Only a son who is a king’s son of the first rank may become king. If
there is no son of the first rank, he who is a son of the second rank
shall become king. If, however, there is no son of the king, an heir,
available, they shall take an antiyant-for whoever is a daughter of the
first rank and he shall become king.

Telipinu was thus contemplating a hereditary kingship through the
male line. The word antiyant-is normally translated “son-in-law” fol-
lowing Balkan,^23 but against this interpretation is, inter alia, the fact
that Telipinu turns to the panku, and neither this “community” nor
any other could have a son-in-law.^24

2.1.4 Like Hattusili in his political testament, Telipinu in sec. 29
of his constitution calls for unity from his family and the army, in
the light of earlier struggles for the throne: “Do not kill one of the
royal family; it is not good.” More expressly, sec. 31 states: “If a
prince sins, only he shall suffer the death penalty,” thereby exclud-
ing collective punishment, which would fall upon the culprit’s fam-
ily. Telipinu ensures that his successors will not become despots by
making them subject to the jurisdiction of the panku, the community
of the royal family (30): “Whoever is king and plans evil against his

(^23) Balkan, “Schenkungsurkunde.. .,” 148ff.; von Schuler, “Althethitische Schen-
kungsurkunde.. .,” 208.
(^24) Beckman, “Inheritance.. .,” 17; Haase, “Der §36...,” 394f.
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