Page:The Green Bag (1889–1914), Volume 19.pdf/518

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ANCIENT LAWYERS Whereupon Bel-nadin, one of Murashu's sons, spoke as follows : We did not destroy Rabiia, thy town, from which thy money was carried, and the suburbs. Thy silver, thy gold, thy cattle, thy sheep, everything that is thy property, all, I, my bond-servants, my messengers, my servants, and people from Nippur did not carry away. Bel-nadin, son of Murashu, gave Bagadata, on condition that no legal proceedings be had on account of these claims three hun dred and fifty "Gur" of barley, one gur of spelt, fifty gur of wheat, fifty good large jars full of old wine including the jars, fifty good large jars full of new wine including the jars, three hundred gur of dates, two hundred female sheep, twenty oxen, and five talents of wool. Bagadata has received all of the fore going. There shall be no legal proceedings forever on the part of Bagadata, his bond servants, his messengers, his servants, and the men of those cities and their suburbs which were entered, to wit: — Rabiia, Hazatu, and the surburbs, or any of them against Bel-nadin, his bond-servants, mes sengers, servants, and people of Nippur. Bagadata, his bond-servants, messen gers, servants, and the men of said cities, on account of which they said concerning Rabiia, Hazatu, the suburbs of Rabiia, and everything pertaining to that property, none of them shall bring suit again forever against Bel-nadin, his bond-servant.s, his messengers, his servants, and the people of Nippur. By the Gods and the King they have sworn that they will renounce all claims as regards those charges. Bagadata bears the responsibility that no claim shall arise on the part of the men of those cities against Bel-nadin, his bond servants, his messengers, his servants, and the people from Nippur. (Signed by)

BAGADATA.

Ten witnesses and the scribe.

485

To the corporation lawyer; to the lawyer who has defended railroads; street car lines; manufactories and casualty companies against damage suits, the foregoing contract is one of great interest. He has seen com promises and agreements set aside, and has defended suits brought to annul them. He has heard perjury so often that he can recog nize it instinctively when he hears it. He has heard the damagee swear to being un able to read; to not having read the com promise contract although able to read; to having signed the contract under false rep resentations; to having been deceived into signing the contract; that the contract was read to him wrongly; that he did not under stand the contract when he did sign it; and so forth, and so forth, and so forth. The old lawyer of Nippur had had all of this experience; he had been fooled often; he had had compromises set aside often, and so, in this instance, he determined to tie up the plaintiff with a double and twisted knot, and so he first had a disclaimer of liability inserted; then an adequate consideration, the receipt of which was duly acknowledged; then a statement that there should be no subsequent litigation; then a sworn renun ciation of all claims; then a guaranty to pay any judgment which might be rendered. No modern lawyer can excel the scientific construction of this old-time compromise agreement, and it is so old that it dates back to the time when silver was more valuable than gold, and was mentioned and classified in advance of gold. Coming on down from the ancient days of Nippur to the comparatively modern days, the days of ancient Rome, the days of two thousand years ago, we find the law devel oped to a perfection which gives us great surprise. Every proposition of commercial law and property seems to have been worked out. The Romans were as great in law as they were in road building and empire making. It may be safely said that there are but few principles of modern origin in our present law. Everything was then