A History of Ancient Near Eastern Law

(Romina) #1

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dated to the period of the Neo-Babylonian Empire) were tried before
royal judges (dayyànè“aK(ing’s)N(ame)).^30 Courts—not only the royal
courts—were headed by officials called sartennuor “ukallu, sometimes
both being present (Cyr. 128:15). The royal court sat as a college of
between three and five judges, with two or more scribes attending.

2.1.4.3 Local Courts
Other cases were tried by courts consisting of provincial officials, judges
and the elders of cities^31 or before a local official (¢azannu, VAS 4
32 = NRVU 640; year 559) and judges, including sartennuor “ukallu.
Those sitting as members of the court were normally the free cit-
izens (màr banê) or local elders (“ìbùt àli) who made up the assembly
(pu¢ru).^32 This is the most important activity of the Neo- and Late
Babylonian “assembly,” a body consisting of free male citizens with
full legal rights but excluding foreigners. If the elders are named
they are representatives of the entire assembly. In declarations made
before witnesses (see 3.2.2 below), the terms màr banêand mukinnu
(“witness”) are used interchangeably. The size of the assembly and
the number of persons engaged in a trial are not known, nor is the
way in which laymen were chosen to try a case.

2.1.4.4 Temple Courts
Temple courts are attested in the archive of the Eanna temple at
Uruk in particular, but also elsewhere. According to the litigation
documents, they consisted of the higher officials of the temple admin-
istration, including the royal officials, and members of the city assem-
bly.^33 In Hellenistic Babylon a number of documents are still found
in which cases are decided before “the temple administrator (“atammu)
and the college of Esangila (or another temple).”^34

(^30) Wunsch, “Und die Richter.. .,” and “Die Richter des Nabonid”; see also San
Nicolò, “Ein Urteil...”
(^31) E.g., in a lawsuit dated to the year 559: Dalley Edinburgh 69. Transliteration,
translation, and commentary: Ries, “Ein babylonischer Mitgiftprozeß...”
(^32) For details see Dandameyev, “... Citizens,” “... Elders,” “Neo-Babylonian
Popular Assembly,” and “Babylonian Popular Assemblies...”
(^33) In this regard it is to be noted that an “assembly” is sometimes spoken of as
being of more than one place, e.g., TCL 13 147 (Babylon and Uruk), see also San
Nicolò, “Parerga Babyloniaca VI–VIII,” 343.
(^34) Oelsner, Review.. ., 164–65 sub 7; McEwan, Priest and Temple.. ., 17–23, 25–26.
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