3.3 Evidence^224
3.3.1 Witnesses
Witnesses (either male or, less commonly, female)^225 are extremely
important in Egyptian law.^226 In the Legal Text of Mes, for exam-
ple, witnesses are brought to declare that the plaintiff is in fact
descended from the original owner of the land.^227 Hostile witnesses
against defendants play an essential role in criminal law.^228 In P.
Cairo 65739, the woman must swear that she will be liable to pun-
ishment if witnesses are found declaring that she has stolen prop-
erty.^229 In O. Cairo 25556, the four witnesses concerning blasphemy
against the king apparently withdraw their initial statement and are
punished with one hundred blows.^230 One could be obligated by an
oath to report crimes witnessed.^2313.3.2 Documents^232
3.3.2.1 The safeguards of recording, registration, and archiving were
apparently valued in New Kingdom Egypt.^233 Strong evidence for
official archives exists in the early New Kingdom. The will in the
Stèle juridiqueends with a witness list and a docket noting that a copy
of the original document was stored in the bureau (¢ 3 ) of the herald/
reporter (w ̇m.w) of the Northern Waret (“administrative sector”).^234
The Legal Text of Mes demonstrates the ability to resort to archives(^224) On proof and registration in the New Kingdom, see Pirenne, “Preuve...,”
29–36. Cf., e.g., Gardiner, “Four Papyri.. .,” 41–42.
(^225) Seidl, Einführung.. ., 43. See, e.g., Gardiner, “Four Papyri.. .,” 32; Allam,
Hieratische Ostraka.. ., 89–91, 217–19; Capart, “New Light.. .,” 172.
(^226) On the basic term for witness, mtr, see McDowell, Jurisdiction.. ., 21–22.
(^227) The Legal Text of Mes comprises a series of testimonies; see Gaballa, Tomb-
chapel.. ., 22–25.
(^228) Judges confront witnesses (or suspects) with one another: “Let him who has
accused me be brought” (Peet, Tomb-Robberies.. ., 24). Lorton, “Treatment.. .,” 35,
remarks on the difficulty of sometimes distinguishing between suspects and witnesses.
(^229) Gardiner, “Lawsuit.. .,” 142.
(^230) Allam, Hieratische Ostraka.. ., 61–63, and Verfahrensrecht.. ., 107; McDowell,
“Schijnproces en Egypte...”
(^231) McDowell, Jurisdiction.. ., 209–12.
(^232) On the writing of a document being the exception and not the rule, see Eyre,
“Adoption.. .,” 209.
(^233) See esp. Allam, “Publizität.. .,” 33; Eyre, Employment.. ., 13–14.
(^234) Lacau, Stéle Juridique.. ., 39–40.
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