A History of Ancient Near Eastern Law

(Romina) #1
“the people of the town who heard the matter.”^142 In P. Gurob II,
2, the court (council of judges of the Temple of Osiris) is composed
of four priests and one military man.^143 The ̇wtywof Deir el-Medina
could act as judges with the power to punish subordinates.^144

2.4.3 The best known local qenbetcourt is from Deir el-Medina.^145
The qenbet comprised between eight and fourteen relatively high-
status persons in the village.^146 These were generally the work fore-
men, deputies, and scribes but on occasion even less distinguished
townspeople.^147 They would all then be designated the “magistrates”
(sr.w, lit., “nobles”).^148 In O. DeM 225, the court consists of two
scribes and two police officials,^149 while in O. Gardiner 53 it had
four representatives of the “Interior” and four representatives of the
harbor.^150 The qenbetheld its meetings outside, quite possibly in pub-
lic. They met on rest days or perhaps during the night after work.^151
Very rarely, it seems, did members take time off from work for
court.^152 The texts often list the names of the members of a coun-
cil under the heading “the council of this date,” implying that the
membership changed daily.^153
Occasionally, no court was formed, but a single individual was
charged with dealing with a particular case.^154 Indeed, a legal dis-
pute was most simply solved by consulting a single local official in
a form of arbitration, thus avoiding the court altogether.^155 There
was usually a local judge for local cases, but in serious situations,
outside officials might be called in.^156

(^142) Gardiner, “Four Papyri.. .,” 36. See also Gaballa, Tomb-chapel.. ., 27 (on the
court of Mes).
(^143) Gardiner, “Four Papyri.. .,” 38.
(^144) McDowell, Jurisdiction.. ., 146.
(^145) See esp. ibid., 143–86. Cf. also Allam, Hieratische Ostraka.. ., 38.
(^146) Allam, “Egyptian Law Courts.. .,” 110. Cf. also Lurje, Studien.. ., 55; Kruchten,
Horemheb.. ., 157.
(^147) Bierbrier, Tomb-Builders.. ., 103.
(^148) So Théodoridès, “Concept of Law.. .,” 312; McDowell, Jurisdiction.. ., 65–69.
(^149) Allam, Hieratische Ostraka.. ., 106.
(^150) Ibid., 158–59.
(^151) Bierbrier, Tomb-builders.. ., 103.
(^152) Vleeming, Gleanings.. ., 189. See also McDowell, Jurisdiction.. ., 149–51.
(^153) Edgerton, “Government.. .,” 156.
(^154) Allam, “Legal Aspects.. .,” 138.
(^155) But see McDowell, Jurisdiction.. ., 176, who holds that a clear verdict was
indeed the aim of such courts.
(^156) Allam, “Legal Aspects.. .,” 142.
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