ere 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 [v.03 p.0121] 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