A History of Ancient Near Eastern Law

   527

Certain persons expressly place themselves under royal protection in

exchange for their political loyalty, which guarantees them jurisdic-

tional privileges and freedom of movement (KAV 159). There is no

evidence that a hearing before the king was necessarily an appeal

from the decision of a lower court.

3.2 Procedure

3.2.1 Several documents which have the appearance of letters are

in fact legal summonses sent to parties and follow a formalized

schema.^34 The sender is evidently acting as a judge, although not

explicitly designated as such. He was no doubt a local notable with

political or administrative authority, who also exercised judicial pow-

ers. These texts adumbrate several aspects of the judicial procedure.

3.2.2 Arbitration seems to be attested, at least in inheritance dis-

putes: an arbitrator chooses the shares to be distributed among the

heirs, in the presence of the local authorities. His decision is evi-

dently of future application, since the coheirs decide to keep the

estate undivided (AfO20, 122; see 6.2.1 below).

3.2.3 Proceedings are initiated by the claim of a party, a third party

(MAL A 17 for an accusation of adultery), or an “informer” (bàtiqànu:

MAL A 40) who is not necessarily involved in the affair, only report-

ing the name of the culprit to the authorities.^35

3.2.4 The trial opens with a confrontation between the parties, who

are interrogated by/before the judge and give their respective ver-

sions of events.^36 If a settlement is not reached, the judge officially

summons the defendant, who must appear with his witnesses (KAV

(^34) Hall, “Legal Summons.. .,” 75. For KAV 168, 169, 201, cf. Ebeling,
“Archiven.. .,” 34–36; Saporetti, “Bibliografia.. .,” 142; Freydank, “bitqìbatàqu...”
(for KAV 201). See also VAS 19 13, 15, 71.
(^35) Cf. Kraus, “Sittenkanon.. .,” 108; Driver and Miles, Assyrian Laws.. ., 408,

481. Freydank, “bitqìbatàqu.. .,” 112–13, argues that the bàtiqànuis one who, act-
     ing on behalf of a plaintiff, can seize his opponent’s goods.

(^36) Cf. Assur 10017, identified by Freydank, “Anmerkungen 2.. .,” 229–30 and
edited by Hall, “Legal Summons.. .,” to which should be added Deller, “Assyrisch
um/nzar¢u.. .,” 235, for the reading of ll. 9–14 and translation of the term um/nzar¢u,
“native, indigenous.”
WESTBROOK_f13–521-563 8/27/03 12:27 PM Page 527