A History of Ancient Near Eastern Law

(Romina) #1
2.1.4.2 The court appears to be sometimes the public place where
formal legal agreements are confirmed.^110 Thus, a transaction con-
cerning transfer of property was to be concluded before a “court
(≈ 3 ≈ 3 .t) of Akhet-Khufu,” apparently the local court near the Cheops
pyramid.^111 Actual investigations seem occasionally to be conducted
where the crime was committed. Weni (Urk. 1, 100) implies that the
inquiry into the charge against the queen took place in the royal
harem itself.^112 The vizier himself would possibly judge in his bureau.
The Abu Sir papyri (Sixth Dynasty) indicate the existence of an
“open room” or place wherein judicial hearings were held.^113

2.1.4.3 The vizier exercised authority over the court in the middle
of the Fifth Dynasty, presumably in his function as “overseer of the
great house,” fimy-r ̇w.t wr.t.^114 Unfortunately, as already mentioned,
the details of the court machinery are still unknown. Other officials
with titles incorporating such terms as w≈'-mdw, “judging the matter/
words,” may also have presided over cases.^115 P. Berlin 11310 refers
to sr.w nw rt H.t-wr.t“magistrates of the gate of the Great House.”^116

2.1.4.4 There were other types of courts or designations for such
apart from the “Six Great Houses” and the djadjat. A “Hall of Horus”
(i.e., the king) appears in the Old Kingdom exemption decrees as
the place to which those disobeying their stipulations are brought.^117
This is perhaps parallel to the “Six Great Houses” ( ̇w.t-wr).^118 The
letter P. Berlin 8869 (Sixth Dynasty), mentioning various “crimes” of
a Count Sabni, also refers to a dispute in the “Hall of Horus.”^119 There
is no actual evidence for a formal court system of appeal. Some
scholars have suggested that there may have been traveling courts.^120

(^110) Allam, “Publizität.. .,” 32.
(^111) Goedicke, Die privaten Rechtsinschriften.. ., 159–60.
(^112) Cf. McDowell, Jurisdiction.. ., 242.
(^113) Van den Boorn, “W≈'-ryt,” 7.
(^114) For the important titles fimy-r ̇.t-wr.t 6 and fimy-r ̇.t wr.t, see Strudwick,
Administration.. ., 176–98, with remarks on the association with the vizier, 178.
(^115) Thus, Strudwick, Administration.. ., 178, mentions the mdw r¢y.t, fiwn Knm.t, nst
¢ntt, ̇m-ntr m3'.tas possessing a legal significance but with unclear details. The §ry-
tp nswtalso had legal functions (183).
(^116) Van den Boorn, “W≈'-ryt,” 8.
(^117) Lorton, “Treatment.. .,” 9; Goedicke, Königliche Dokumente.. ., 109–10; Théo-
doridès, “Charte.. .,” 102 (= Maat, 698).
(^118) Lorton, “Treatment,” 9.
(^119) See now Vittmann, Elephantine Papyri.. ., 33.
(^120) Goedicke, Königliche Dokumente.. ., 222.
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