In the case of a lawsuit the plaintiff preferred his own plea. There is no trace of professional advocates, but the plea had to be in writing and the notary doubtless assisted in the drafting of it. The judge saw the plea, called the other parties before him and sent for the witnesses. If these were not at hand he might adjourn the case for their production, specifying a time up to six months. Guarantees might be entered into to produce the witnesses on a fixed day. The more important cases, especially those involving life and death, were tried by a bench of judges. With the judges were associated a body of elders, who shared in the decision, but whose exact function is not yet clear. Agreements, declarations and non-contentious cases are usually witnessed by one judge and twelve elders.
Parties and witnesses were put on oath. The penalty for false witness was usually that which would have been awarded the convicted criminal. In matters beyond the knowledge of men, as the guilt or innocence of an alleged wizard or a suspected wife, the ordeal by water was used. The accused jumped into the sacred river, and the innocent swam while the guilty drowned. The accused could clear himself by oath where his own knowledge was alone available. The plaintiff could swear to his loss by brigands, as to goods claimed, the price paid for a slave purchased abroad or the sum due to him. But great stress was laid on the production of written evidence. It was a serious thing to lose a document. The judges might be satisfied of its existence and terms by the evidence of the witnesses to it, and then issue an order that whenever found it should be given up. Contracts annulled were ordered to be broken. The court might go a journey to view the property and even take with them the sacred symbols on which oath was made.
The decision given was embodied in writing, sealed and witnessed by the judges, the elders, witnesses and a scribe. Women might act in all these capacities. The parties swore an
oath, embodied in the document, to observe its stipulations. Each took a copy and one was held by the scribe to be stored in the archives.
Appeal to the king was allowed and is well attested. The judges at Babylon seem to have formed a superior court to those of provincial towns, but a defendant might elect to answer the charge before the local court and refuse to plead at Babylon.
Finally, it may be noted that many immoral acts, such as the use of false weights, lying, &c., which could not be brought into court, are severely denounced in the Omen Tablets as likely to bring the offender into "the hand of God" as opposed to "the hand of the king."
Bibliography.—Contracts in general: Oppert and Menant, Documents juridiques de l'Assyrie et de la Chaldée (Paris, 1877); J. Kohler and F. E. Peiser, Aus dem babylonischen Rechtsleben (Leipzig, 1890 ff.); F. E. Peiser, Babylonische Vertrage (Berlin, 1890), Keilinschriftliche Actenstücke (Berlin, 1889); Br. Meissner, Beiträge zur altbabylonischen Privatrecht (Leipzig, 1893); F. E. Peiser, "Texte juristischen und geschäftlichen Inhalts," vol. iv. of Schrader's Keilinschriftliche Bibliothek (Berlin, 1896); C. H. W. Johns, Assyrian Deeds and Documents relating to the Transfer of Property (3 vols., Cambridge, 1898); H. Radau, Early Babylonian History (New York, 1900); C. H. W. Johns, Babylonian and Assyrian Laws, Contracts and Letters (Edinburgh, 1904). For editions of texts and the innumerable articles in scientific journals see the bibliographies and references in the above works. "The Code of Hammurabi," Editio princeps, by V. Scheil in tome iv. of the Textes Elamites-Semitiques of the Mémoires de la délégation en Perse (Paris, 1902); H. Winckler, "Die Gesetze Hammurabis Königs von Babylon um 2250 v. Chr." Der alte Orient, iv. Jahrgang, Heft 4; D. H. Müller, Die Gesetze Hammurabis (Vienna, 1903); J. Kohler and F. E. Peiser, Hammurabis Gesetz (Leipzig, 1904); R. F. Harper, The Code of Hammurabi, King of Babylon about 2250 B.C. (Chicago, 1904); S. A. Cook, The Laws of Moses and the Code of Hammurabi (London, 1903).
(C. H. W. J.)
[1] For the transliteration of Babylonian and Assyrian names generally, see Babylonia and Assyria, section ix., Proper Names.
BACAU, the capital of the department of Bacau, Rumania; situated among the foothills of the Carpathian Mountains, and on the river Bistritza, which enters the river Sereth 5 m. S. Pop. (1900) 16,187, including 7850 Jews. Although of modern growth, Bacau is one of the chief commercial centres in Moldavia, possessing many large timber yards. It is on the main railway from Czernovitz, in Bukovina, to Galatz; and on two branch lines, one of which enters Transylvania through the Ghimesh Pass, while both give access to the salt mines, petroleum wells and forests of the Carpathians.