A History of Ancient Near Eastern Law

(Romina) #1

   661


family.^15 Their function at Emar seems confined mostly to witness-
ing transactions (taking precedence over the “overseer of the land,”
e.g., Emar 182, 211; Fales 66). One such official, however, judges
a dispute between an Emarite and an outsider, possibly a nomadic
shepherd (Westenholz 1). In ASJ 6, pp. 65–75, another transfers a
feudal holding in the vicinity of Emar from an uncle to his nephew
(see 6.1.1 below). In Emar 127, Tuwatziti, who was a high official
either from Carchemish or the imperial court, presided over a dis-
pute between an Emarite and a foreign merchant.^16

2.3.4 In letters (in Hittite) to one of his officials, the Hittite emperor
refers to a complaint by an Emarite that the official wrongfully sought
to impose Hittite feudal dues on his land, which was previously
exempt (Hagenbuchner 23; Westenholz 32). This implies that within
the territory of Emar there existed feudal landholdings directly
dependent on the Hittite crown and therefore subject to Hittite juris-
diction. In Emar 201, the king of Carchemish may be following
instructions of the Hittite emperor with regard to the assignment
of land.


  1. L


3.1 Parties


In the few records of litigation, female litigants figure prominently
(Emar 28, 33, 252; TBR 5). In Owen 1, the queen mother of
Carchemish intervenes on behalf of the defendant, a foreign debtor.
In Emar 18, a slave contests his status (cf. Westenholz 2).

3.2 Procedure


3.2.1 In property or contract disputes, the parties began proceed-
ings by jointly approaching the court (ASJ 14:44, Emar 19, 28; RE
21; Westenholz 1, 2, 3). In Owen 1, a creditor seized the debtor
but released him before trial in return for a guarantee of his debt

(^15) Westenholz, Emar Tablets, p. 1.
(^16) Following the interpretation of Durand, “Hauts personnages.. .”; contra Bunnens
“Le sufète...”
WESTBROOK_f16–657-691 8/27/03 12:29 PM Page 661

Free download pdf