A History of Ancient Near Eastern Law

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betcourt of the temple.” Another copy was made for the “Great
Court of Thebes,” where the records of such property deeds were
possibly stored from this area.^245
Letters, although not apparently witnessed, may serve as a legal
“testimony.”^246

3.3.3 Oath^247
Wilson well describes an oath as a “solemn appeal to divine author-
ity, a god, gods, or the pharaoh who was himself a god.”^248 Common
words for “oath” are 'rq, meaning “to bind (oneself )” and 'n¢, “to
live,” this being the first word of a typical oath formula. A distinc-
tion is generally made between assertory or declaratory oaths, which
confirm a statement, and promissory oaths, in which a promise is
made concerning the future.^249 An example of a promissory oath is
O. Petrie 67, wherein a man swears: “As Amun endures, as the
ruler endures! If I let 10 days go by and have not given back this
mss-clothing to PN, then it should be doubled against me.”^250
In practice, combinations of both types may appear in the same
oath. Oaths can be taken in either a judicial setting, that is, before
legal authorities in a court, or in non-judicial settings, that is, in the
course of daily life.^251

3.3.3.1 An oath could require a person to report the wrongdoings
of others. Thus, in the Strike Papyrus, it is stated:^252 “That which
the artisan Paankue said to the scribe Amennakht and the chief arti-
san Khonsu: ‘You are my superiors, you are the controllers of the
Tomb. Pharaoh, my good lord, has caused me to swear an oath
that I will not hear a word nor will I see an evil deed (?) in the
great and profound place of Pharaoh without reporting it.’”

(^245) Ibid., 33.
(^246) See, e.g., LRL30 (= Wente, LRL, 66) and LRL32 (= Wente, LRL, 68).
(^247) On terms for oaths, see McDowell, Jurisdiction.. ., 33–37. On oath formulae,
see also Lurje, Studien.. ., 132–53.
(^248) Wilson, “Oath.. .,” 129. An oath “raises the stakes,” as Eyre puts it, in that
the accused invokes punishment upon his or her own head, and thus helps in
enforcement (“Crime.. .,” 103).
(^249) For oaths made in connection with loans, see Menu, “Prêt.. .,” 74.
(^250) Allam, Hieratische Ostraka.. ., 244, and Verfahrensrecht.. ., 21.
(^251) Wilson, “Oath.. .,” 130. An oath is pronounced, for example, before the her-
ald in the Stèle juridique.. ., Théodoridès, “Mise.. .,” 40.
(^252) Edgerton, “Strikes.. .,” 141.
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