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disputes before the local court was petitioned. P. Mattha often specifies
the “chief of police”? (tb-n-m“'[?]) as the starting point of complaint
before a trial. Under the Ptolemies, in drawing up a complaint a peti-
tioner notified the local strategos, who could judge the case himself or
turn the complaint over to the epistatesor back to a local court for
judgment. A summons to appear before the local court was issued,
and a failure to appear could result in preemptory judgment against
the defendant.^53 If a party claimed a right established in writing, the
defendant either had to acknowledge this right, and lose the case,
or swear an oath that no such right had been established. If proof
of wrongdoing was lacking, the burden of proof lay with the plaintiff,
who was required to have a defendant swear an oath in the local
temple that he had committed no wrong. The defendant was required
to take an oath before the local god in front of the temple in response.3.2.1 Litigation over Title
In disputes concerning the ownership of real property, there was a
well-defined procedure by which a plaintiffmade a “public protest”
(“'r).^54 One made a “public protest” (fir “'r) in each of three succes-
sive years “in the face of ” the accused party or in absentia. If the
defendant did not respond within three years, the plaintiffwas judged
to have a legitimate claim to the property in question. By such a
process, as opposed to a regular lawsuit, the burden lay with the
defendant, who was forced to answer the charge or lose legal claim
to the property in dispute. These protests were written complaints
drawn up by a notary and witnessed. By some unknown process,
they were made public.3.2.1.1 Formal legal proceedings, for example, the swearing of oaths
or the witnessing of contracts, often took place in front of a temple
gate in the presence of priest-judges.^55 The losing party in a lawsuit
was bound by contract to the decision.^56 Under the Ptolemaic regime,
a representative of the government was present.^57(^53) Taubenschlag,Law.. ., 495.
(^54) Depauw, Companion.. ., 148; Pestman, “Public Protests...”; P. Mattha 2:12–13;
16–22; 3:23, 29; 9:27.
(^55) Kaplony-Heckel, Tempeleide.. ., 11–12; Sauneron, “La justice.. .”; Van den
Boorn, “Justice.. .”; Quaegebeur, “La justice.. .”; Vleeming, Ostraka Varia, 132–33.
Cf. Devauchelle, “Les serments...”
(^56) Allam, “Agreement...”
(^57) In the Asyut family dispute, the official called the eisagogeus(dem. 3ysws) was
present. P. BM siut 10591, 1, 6.
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