We have an acknowledgment before the court and a promise to pay the debt. This promise was usually made on oath, or guarantees were given. Here is an involved case. A is father of B's mother. B's father is long dead. The property of A, his grandfather, has now come into B's hands. He finds an old bond for an advance from A to C and D. The latter D is also dead but had a son E, who inherited. Hence B now sues C and E for the money. The bond is shown to C, who remembers and acknowledges the debt and he now undertakes to bring his fellow-debtor E and discharge the debt.
Settlement out of court
Men did not always stand their trial, but sometimes settled the case by an agreement out of court.[221] A and his wife sued B for some slaves, people of their house. B dreads the trial and does not appear. The wife was B's mother, evidently remarried. B brings the slaves whom he still has and offers four minas as payment for one who has died in his house. The offer is accepted and parties agree to be quit.
A private settlement
The decision of a dispute was not always referred to professional judges. A very interesting example occurs,[222] when the eldest member of the family and kinatti aplišu, “the family of his son,” act as judges. The plaintiff is an old lady, who had been married, and had a daughter married. These facts are not rehearsed in the tablet itself, which concerns a division of property, but are collected from a number of tablets, spread over some sixty years. The way in which information is thus collected is an instructive example of the manner in which the different documents illustrate and explain one another.[223]
Agreements to appear in court
Connected with legal decisions are the undertakings to appear before the court, of which we have several examples. Thus,[224] A undertakes to bring B to Babylon and answer the complaint of C. Or again, a certain gardener spoke to A before an official of the mâr banûtu. This official was subpœnaed, as we should say, and swore by Bêl, Nabû, and Darius, that on the 8th of Sebat, two days hence, he would come and take up the case.[225]
Production of witnesses
The production of witnesses is the subject of not a few undertakings. Thus,[226] by a fixed date, five days hence, A shall bring B to be questioned about some asses belonging to the royal household. Again,[227] N swears to come, six days hence, and bring another, on account of the witness about A. He further undertakes to establish the partnership. [pg 112] What was the exact cause of quarrel was not stated. These agreements to abide by the testimony of a named witness may have been entered into without reference to judges, but the oath may have been administered before the court. Thus,[228] two parties agree to waive their dispute and abide by witness produced. This they do before the atû official of the gate of the temple. Again,[229] A is to bring witnesses on the second of Ab, to the door of the tikkalu's house, and prove when and to whom he gave certain garments. If this be proved, that B had received them, B will restore the said garments to A; if not, B is free. Further, if B does not appear on that day, he shall be bound to restore the garments. Several other examples illustrate the point.[230]
Production of bond