A History of Ancient Near Eastern Law

(Romina) #1
preserving documents dating back centuries.^235 In that text, a court
document from the reign of Horemheb is presented as evidence.^236
The later Stèle de l’apanage (end of tenth century) further illustrates
how land ownership was recorded and relevant documents carefully
preserved in the registers.^237 Documents prove or strengthen claims
of ownership and were therefore conscientiously stored.^238 According
to Allam many Deir el-Medina ostraca may derive from the official
central archive in Deir el-Medina, a view not universally shared.^239

3.3.2.2 In the case of Mes, a possibly forged or altered document
is evidence against the plaintiff. This document is contested through
witnesses attesting to the truth of his claim, supported too by ear-
lier documents which strengthen the case as well.^240 Eyre emphasizes
just how important the registers held by the Treasury and the Granary
were in the case of Mes.^241 Since they did not contain the names of
Mes’s family, he was compelled to produce oral witnesses to prove
that he was in fact a member of the family and to show to the
judges that the registers were indeed incorrect.^242 The registers do
not appear to have been conclusive evidence; they could be defeated
by witness testimony.

3.3.2.3 Especially important documents, such as a will, might be
drawn up in the presence of the court (e.g., the Will of Naunakhte).^243
In P. Turin 2021, the vizier’s statement is to be recorded on a roll
in the Temple of Ramesses II, where the man involved with the
case in question was probably a priest.^244 The person recording that
statement was “priest and scribe of accounts, Ptahemhab, of the qen-

(^235) McDowell, Jurisdiction.. ., 7; see also ibid., 126. On the court document cited
in the Mes inscription, see Helck, Akten.. ., 115; Seidl, Einführung.. ., 46–47.
(^236) Seidl, Einführung.. ., 26; Allam, Hieratische Ostraka.. ., 44, and Verfahrensrecht...,92.
(^237) Allam, “Publizität.. .,” 37, 41.
(^238) Allam, Verfahrensrecht.. ., 61–62 (P. Berlin 10496, Allam, Hieratische Ostraka...,
278). Cf. also Vittmann, Elephantine.. ., 47.
(^239) Janssen, “Rules.. .,” cols. 295–96.
(^240) Seidl, Einführung.. ., 36. See also Eyre, “Feudal Tenure.. .,” 131–32; Allam,
“Implications...”
(^241) Eyre, “Peasants.. .,” 385. The Stèle juridiquemay also refer to the search in
the archives of the vizier’s office (Théodoridès, “Mise.. .,” 52).
(^242) Eyre, “Feudal Tenure.. .,” 131.
(^243) Allam, Hieratische Ostraka.. ., 268, and Verfahrensrecht.. ., 62.
(^244) ’ernÿand Peet, “Marriage Settlement.. .,” 33, 37.
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