A History of Ancient Near Eastern Law

Sometimes an offender is repeatedly brought up on the same

charge, as happens to an adulterer.^167 In O. Gardiner 53, a man is

said to have been taken to court four times regarding compensation

for a dead donkey.^168 In the very few cases wherein a person was

condemned to death, the court could not carry this sentence out on

its own responsibility. Such punishments and cases went to the vizier

for his judgment.^169

2.4.6 The gathering and evaluation of the evidence might be dis-

tinguished from the final sentencing, the two functions sometimes

being carried out by separate authorities.^170 When, however, the mat-

ter concerned the state or temple, the judicial tribunal, the qenbet

itself, combined the functions of investigator, prosecutor, and judge.^171

Sometimes the courts take an active part in the investigation. The

length of a court case naturally varied. In O. Cairo 25556, the case

seems to be resolved within one day.^172

2.4.7 Since the members of a qenbetprobably had no special knowl-

edge of legal formulae, experienced professional scribes may have

been assigned to the courts.^173 Such local scribes possibly represented

the vizier, who had ultimate control over the town or temple courts.

The Great Qenbetin the capital, presided over by the vizier, was

possibly supervised by a royal scribe representing the king,^174 and

not by a local scribe. It is a scribe who carries out the instructions

of the vizier in O. Nash 1,^175 while in O. DeM 73, a scribe is sole

(^167) Lorton, “Treatment.. .,” 38–39.
(^168) Allam, Hieratische Ostraka.. ., 158–59; Théodoridès, “Notion.. .,” 779–80. See
also Janssen, “Proceedings.. .,” 295.
(^169) Bierbrier, Tomb-builders.. ., 106.
(^170) Lorton, “Treatment.. .,” 29. “In criminal cases authority for the examina-
tion of a case was distinct from authority to pass judgment” (Théodoridès, “Concept
of Law.. .,” 313).
(^171) Lorton, “Legal and Social Institutions.. .,” 356. O. Deir el-Medina 126 (Wente,
Letters.. ., 143) preserves an interesting case of investigation following a death. See
also Green, “The Passing of Harmose.. .”; Allam, Hieratische Ostraka.. ., 277–80.
(^172) So Allam, Verfahrensrecht, 48, and Hieratische Ostraka.. ., 61–63.
(^173) Allam, “Egyptian Law Courts.. .,” 112. But cf. Janssen, “Rules.. .,” col. 295.
See further Allam, “Aspects.. .,” 138; Peet, Tomb-Robberies.. ., 139; ’ernÿ, Com-
munity.. ., esp. 228; McDowell, Jurisdiction.. ., 69–89, 212–19.
(^174) Allam, “Egyptian Law Courts.. .,” 114–15.
(^175) On O. Nash 1, see Parant, “Recherches.. .,” 34–36.
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