A History of Ancient Near Eastern Law

(Romina) #1

  1. P S


4.1 Citizenship


While the Egyptians distinguished themselves from the inhabitants
of other countries^267 and were keenly aware of rank and hierarchy
among themselves, there are few explicit statements concerning cit-
izenship in a legal sense.^268 Several terms, however, may possess legal
connotations. Very common in the New Kingdom is nm ̇, generally
translated “citizen” or “freeman/freewoman.”^269 Often contrasted
with sr“magistrate,”^270 it seems to designate a private individual with
certain basic rights and privileges, although without much wealth or
power. According to Eyre, the nm ̇.w were a class of people not
dependent on any house, not clients of any higher official, and just
dependent ultimately on the king: thus the full designation is “nm ̇.w
of the land of the pharaoh.”^271 He connects the class with royal
grants of land in return for, usually, military service.^272 In the Will
of Naunakhte, for example, the woman making the will declares that
she is a “free woman (nm ̇.t) of the land of the pharaoh.”^273 So, too,
in the Adoption Papyrus the woman elevates her slaves to the status

(^267) The foreign lands, often portrayed as laboring for the pharaoh, are desig-
nated as “subjects,” or “serfs” of the king. On foreigners or foreign countries as
n≈.t“subjects” of the pharaoh, see Lorton, Juridical Terminology.. ., 115–17; Bleiberg,
“King’s Privy Purse.. .,” 160–61.
(^268) Helck, Wirtschaftsgeschichte.. ., 217–25, distinguishes (1) state officials; (2) vari-
ous occupations, such as herdsmen, farmers, craftsmen belonging to a temple (218);
(3) settled soldiers, dependent on the king (218). See also Eyre, “Adoption.. .,” 208.
(^269) See the discussion of Harari, “La capacité.. .,” 44–45; Gitton, “La résilia-
tion,” 86; Bakir, Slavery.. ., 48–52; Kruchten, Horemheb.. ., 32–33; Katary, Land
Tenure.. ., 210–12 (“virtual owners of land”); Théodoridès, “Adoptions.. .”; Eyre,
“Work.. .,” 209.
(^270) Wb. 2, 268/6. It seems to mean, etymologically, “one bereft of mother and
father” (Bakir, Slavery.. ., 48). New Kingdom texts contain such statements as: “I
am one orphaned (nm ̇) of mother and father” (Bakir, Slavery.. ., 48) and “As for
the one who does not have a child, he takes for himself another, an orphan (nm ̇)
whom he may raise.” The orphan was possibly considered as one unencumbered
by obligations or independent and thus acquired the specific meaning “free per-
son” (Bakir, Slavery.. ., 50). Vittmann, Elephantine.. ., 59, states: “Mostly, it is under-
stood as a ‘private person,’ ‘private owner’ (of small holdings) or also ‘private
possessor’...At any rate, they occupy a low social position.”
(^271) Eyre, “Work.. .,” 209. See also Eyre, “Peasants.. .,” 375, 377–78; Cruz-
Uribe, “Slavery.. .,” 52; Castle, “Shipping.. .,” 248; Allam, “Zwei Schlussklauseln...,”



  1. Cf. Gutgesell, Datierung.. ., 568–70; Helck, Wirtschaftsgeschichte.. ., 220–21.


(^272) Eyre, “Work.. .,” 209.
(^273) ’ernÿ, “Will of Naunakhte.. .,” 31.
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