A History of Ancient Near Eastern Law

(Romina) #1

   629


the Heads; the second, Princes, Lords, and Heads.^36 They contain
a considerable number of prohibitions that are marked with the loy-
alty oath: “This must be placed under oath.” Expressed positively,
they are commands to the subject taking the oath.
The prohibitions are felony, betrayal of secrets, spreading false
reports, unfulfilled plans to assassinate the king, defamation of the
king’s friends, concealing seditious words against the king, failure to
report crimes, concealing plans for a coup among the populace, breach
of confidentiality, failure to come to the aid of the king, and mis-
demeanors regarding women.

2.3.5 The “Lord of the Watchtower” (BÈL MADGALTI) is a bor-
der commander, whose duties are described in great detail.^37 They
are first and foremost military: fortification of towns, maintenance
of roads, annual cleaning of canals, stocking of supplies, renovation
of public buildings such as temples, royal buildings, stables, ware-
houses, and guardhouses. In addition, the border commander is
responsible for taking an inventory of cultic objects, keeping the pre-
scribed festivals, and preventing excessive consumption of alcohol.
Special attention is paid to upholding the law. The commander is
ordered to resolve disputes diligently. If an abomination has been
committed, he may impose the death penalty or banishment—
whichever is customary in the town in question. The punishment
must be made public. He must refer “extensive” cases to the king;
it is unclear whether this means legally difficult cases. The com-
mander must be impartial. In particular, he must not conduct or
decide cases “in favor of his brother, his wife (?) or his friend.” As
another text puts it, he may not decide for the sake of bread or a
present. In general, he is ordered: “Do what is just.” He is also
enjoined to protect widows and orphans: he must decide the case
of a single woman for her and give her satisfaction.

2.3.6 The mayor (›AZANNU) is mostly designated in the texts by
the sumerogram MA”KIM. In the commander’s absence, he is
responsible for resolution of legal disputes. He was also responsible
for public order: the ›AZANNUof Hattusa had to see to the bar-

(^36) von Schuler, Dienstanweisungen..., 22ff.
WESTBROOK_f15–618-656 8/27/03 12:28 PM Page 629

Free download pdf