A History of Ancient Near Eastern Law

(Romina) #1

750  


3.6 The Role of Treaty Documents


The use of written documents is attested in several examples of the
long-distance procedure (cf. 3.3 above). All extant treaty tablets from
this period contain only undertakings made by one party to the treaty
and drafted by the other party. In principle we must therefore assume
a system with two parallel documents. Letters refer to first “small”
and then “large” tablets being exchanged between kings concluding
a treaty, which has been interpreted as drafts and final documents,
respectively.^18 It must be emphazised, however, that extant evidence
does not support entirely clear patterns for the use of treaty documents.
No parallel set of documents relating to the same treaty has yet been
found. One treaty tablet from Leilan relates to a treaty concluded
at a meeting similar to the standard procedure (cf. 3.2 above), showing
that tablets were not used exclusively with the long-distance proce-
dure. Similarly, the exact nature of the “small” tablet, used in the
lipit napi“timceremony (cf. 3.3 above), remains to be elucidated. The
known treaty tablets are not supplied with seals, and must be con-
sidered drafts or scripts for oral performances rather than actual legal
documents. Apparently, written documents were not systematically
used in treaty proceedings, but occasionally circumstances, such as the
relative complexity of a specific situation, made them practical tools.


  1. CIL


4.1 Citizenship


All individuals enjoyed certain rights of citizenship, and except in
times of war, these included protection abroad. This was a main
theme in political treaties, where the partners promised to liberate
and extradite citizens illegally detained or abducted on their terri-
tory. No clauses concerning rights of asylum are preserved. Especially
in northern Mesopotamia we find groups of “outlaws” (sarràrum), who
had forfeited the right to citizenship and often lived as marauders.
Evidence shows that such people could reenter society and also that
it was possible to change citizenship.^19 Among the many special cat-

(^18) Charpin, ARM 26/2, pp. 144f.
(^19) Durand, “Unité et Diversité.. .,” 117f.
westbrook_f20_744-752 8/27/03 1:33 PM Page 750

Free download pdf