A History of Ancient Near Eastern Law

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ring and sealing of the city gates at night, and it was to him that
the discovery of a corpse in the city had to be reported.

2.3.7 The “Elders” (LÚ.ME””U.GI), who were presumably the rep-
resentatives of local communities, that is, a sort of town council, are
known in the law of the Old Kingdom from HL 71, where they are
responsible for the receipt of lost property. Later they lose this func-
tion, since according to HL XXXV (of the parallel text KBo VI 4),
it is sufficient for the finder to show the property to witnesses. In
capital cases, they give judgment together with the border com-
mander (BÈL MADGALTI; see 2.3.5 above).^38

2.4 The Courts


2.4.1 The royal court of justice (DI.KUD LUGAL), as the highest
court, is located in the capital, Hattusa. The king presides at its ses-
sions and also has the prerogative of mercy (HL 188, 198, 199).
The royal court has jurisdiction over the following offenses: theft
(HL 102, 126), adultery (198), rejection of the king’s decision (173),
bestiality (187, 199), and sorcery (44b, 111).^39

2.4.2 The court of the border commander (BÈL MADGALTI) has
jurisdiction over capital offenses. There is also a court of the DUGUD
of HL 173, a notable not further defined, whose jurisdiction replaces
that of the elders.

2.4.3 In a case of murder, the “lords of the blood” have standing.
Section 49 of the Constitution of Telipinu states: “And a matter of
blood is as follows: whoever does blood (i.e. homicide)—(it shall be)
as the lord of the blood decides. If he says: ‘He shall die,’ then he
dies. If he says: ‘He shall compensate,’ then he shall compensate. But
to the king, nothing.” The jurisdiction of the family is thus preferred.

2.4.4 For certain offenses in HL, a part of the fine was originally
payable to the palace, apparently as a court fee (9, 25). Later, the
king relinquishes his share.^40

(^37) Ibid., 35ff.; Koro“ec, “Bèl madgalti.. .,” 30ff.
(^38) Klengel, “Die Rolle.. .,” 229.
(^39) Haase, “Prozessrecht.. .,” 249–57, and “Zur Zuständigkeit...”
(^40) Koro“ec, “Hethiter,” 183.
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