A History of Ancient Near Eastern Law

(Romina) #1

794 


3.2.2 Legal disputes were also taken before the god for oracular
judgments. The two parties appear before the god, and each makes
a statement, the one contradicting the other. These declarations are
written out and placed before the god. The divinity makes a choice and
judges one to be in the right. The witnesses to the procedure are
then listed. P. Brooklyn 16.205 refers to a land dispute conducted
in this manner: “they disputed again today about payment for the
sections of field of citizeness X, which A, her male kinsman, sold to
B. They went before (the god) Hemen of Hefat (a falcon-deity) and
Hemen said to the two written claims: ‘Right is B. He paid her (X’s)
money to A in the bad time. It is closed.’ So Hemen said before
all the witnesses.”^150 The formulation of the verdict, “right (m3') is
PN,” is similar to those found in the New Kingdom. Significantly,
the deity explains the rationale behind his judgment, declaring, “He
(the victorious party) paid her money to PN in the bad time.”

3.3Evidence


There is very little information regarding proof in litigation.^151 Clearly,
documentation, oaths, and witnesses remain the principal modes.

3.3.1 Witnesses
Witnesses, both male and female, play an important role in Third
Intermediate period legal documents and cases. Individuals act as
witnesses to economic^152 or legal transactions^153 and court-related doc-
uments.^154 The number of witnesses required on a legal document
varies considerably.^155

3.3.1.1 There are distinctions between abnormal hieratic and Demotic
regarding the role of witnesses.^156 Abnormal hieratic contracts include
subscriptions in the hand of the witnesses. These witnesses confirm
that they acknowledge the contract and also copy an extract from

(^150) Parker, Saite Oracle Papyrus.. ., 50.
(^151) Pirenne, “Preuve.. .,” 36–37.
(^152) In the loan agreement Tablet MMA 35.3.318 verso, there appears the wit-
ness scribe (precise translation uncertain); see ’ernÿand Parker, “Abnormal Hieratic
Tablet.. .,” 127–28. The same office is also attested in Janssen, “The Smaller
Dakhla Stela.. .,” 167.
(^153) Gardiner, “Dakhleh Stela.. .,” 22.
(^154) Malinine, “Jugement...”
(^155) Seidl, Ägyptische Rechtsgeschichte.. ., 21.
(^156) Following Vleeming, “Phase initiale.. .,” 39.
westbrook_f22_775-818 8/27/03 1:34 PM Page 794

Free download pdf