A History of Ancient Near Eastern Law

3.2.2 Lawyers, that is, professional advocates for a defendant, are

not attested in ancient Egypt.^206 There are a few examples of third

party individuals pleading the case of accused persons.^207 In O. DeM.

558, an artist apparently entrusts a third party with the mission of

bringing his opponent to court.^208

3.2.3 The court could question the parties and send servants of the

court to obtain relevant documents. An order could be issued by an

official to “bring” somebody (to court?).^209 The court has the author-

ity to dispatch an investigator. The power of such investigators as

the “servant of the court” is not well defined, but they do seem to

be able to interrogate persons and to confiscate items on behalf of

the court. In O. Nash 1, the court interrogates the accused, imposes

an oath on her and dispatches an investigator to search her premises

before pronouncing its verdict.^210

3.2.4 The court concluded a session by declaring its verdict (“in

the right is PN; in the wrong is PN”)^211 and, generally, the course

of action to be followed by the convicted person. The decisions and

sentencing of courts were not always unanimous. One qenbetmem-

ber dissents, for example, from his colleagues in the adultery case

of P. DeM 27.^212 The defeated party in a court case concerning a

contract had to take an oath of obligation.^213 In some cases there

does not seem to be an explicit verdict, but the weaker party swears

that he or she will fulfill any obligations due an opponent.^214

(^206) Lorton, “Treatment.. .,” 4, and “Legal and Social Institutions.. .,” 355.
(^207) On rw≈.w, “agents,” see, e.g., Théodoridès, “Jugement.. .,” 29–30, and
“Mise.. .,” 36.
(^208) Allam, Hieratische Ostraka.. ., 131, and Verfahrensrecht.. ., 21.
(^209) Vittmann, Elephantine.. ., 49.
(^210) Allam, Hieratische Ostraka.. ., 214–15.
(^211) E.g., O. Gardiner 165, Allam, Hieratische Ostraka.. ., 183.
(^212) Allam, Hieratische Ostraka.. ., 301–2, and Verfahrensrecht.. ., 34.
(^213) Kaplony, “Eid,” col. 1191. On the verdict, see McDowell, Jurisdiction...,
22–25.
(^214) Allam, “Legal Aspects.. .,” 139. Cf. Janssen and Pestman, “Bulaq X...,”
143.
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