LAW AND ORDER IN ANCIENT EGYPT
BY MARK ANDREWS
Law
and
the
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in
Ancient
Egypt
By Mark AndrewsLLaw t
It is thought that the laws of ancient Egypt were at least partially codified. In fact,
we learn from one Greek writer that in the Late Period there were probably eight books
that set out the legal code. But nothing remains of these documents, or for that
matter, legal codes from other periods. However, we can derive some of the laws of
ancient Egypt from funerary texts, as well as court and other documents.
Essentially, we believe that Egyptian law was based on a common sense view of right
and wrong, following the codes based on the concept of Ma'at. Ma'at represented
truth, order, balance and justice in the universe. This concept allowed that everyone,
with the exception of slaves, should be viewed as equals under the law, regardless of
wealth or social position. However, when punishment was carried out, often the entire
family of the guilty suffered as well. For example, when individuals were sentenced to
exile, their children were automatically outlawed along with them. If a relative
deserted from military service, or defaulted on the labor demands of the state, the
entire family might be imprisoned.
A gold Ma'at pendant which is currently in the British Museum was probably more or
less an official badge of legal officials. Some statues of high officials from the Late
Period are shown wearing such a pendant. During the Greek period, Greek law existed
alongside that of the Egyptian law, but usually these laws favored the Greeks. When
the Romans took control of Egypt, the Roman legal system which existed throughout the
Roman empire was imposed in Egypt.
However, prior to the Greek period, ultimately it was the king as a living god who was
the supreme judge and lawmaker. Of course much of this power was delegated to
others. The legal and administrative systems seem not to have been well defined, and
so at times anyone in an authoritative position may have made legal judgements. We
know that the king's viziers often acted as judges, and theoretically, anyone with a
legal problem could bring a case before a vizier, though arranging such an audience with
busy, important government officials may have at times been difficult. But more
specifically, we believe that the title, Overseer of the Six Great Mansions, refers to
our modern equivalent of a magistrate. Mansions probably refers to the main law court
in Thebes, though we believe there were other major courts in Egypt. Minor cases were
tried by a local council of elders and each town or village had its own local kenet in
charge of legal proceedings. Such cases usually involved minor problems, such as default
on loans. Still, the most important matters were probably reported to the king who
would then decide the case and the proper justice.
An interesting variation was that sometimes judgements were made by divine oracles
rather than by human officials. For example, in Deir el-Medina the deified founder of
the village was often asked to decide cases. While it is impossible to know exactly how
this worked, we seems that a document was made for both sides of the case, and put
on either side of a street. Whichever side the god's image inclined towards was
rendered the winner. Also, specifically during the 21st Dynasty (1069-945 BC), law was
given though the oracle of Amun.
Documentation on prior cases were recorded and retained, and like our own modern legal
systems, these court documents were used as precedent for current cases. Some of
these documents remain, and are some of our best evidence of how the ancient Egyptian
legal system functioned.
Criminal Law
An example of such documentation is the record of the famous trial of the tomb
robbers, recorded on the Leopold II - Amherst Papyrus. This document, now in the
British Museum, records the robbery of tombs during the reigns of Ramesses IX and
Ramesses XI. The thief Amenpanufer confesses before Ramesses IX that "We went to
rob tombs in accordance with our regular habit, and found the pyramid tomb of King
Sekhemreshedtawdy....". While the papyrus documents the thief's guilt, it does not
provide the actual punishment. We also have the Salt Papyrus, which is a petition of
the workman Amennakhte denouncing the crimes of the foreman Paneb, another papyrus
that documents tomb robbery. Tomb robbery was considered to be one of the most
heinous crimes.
Of course, there are any number of other documented legal proceedings. From these,
we know of the punishment in criminal proceedings. For example, from court documents
at Deir el-Medina, we know that punishment for stolen or embezzled goods might be as
simple as the return of the goods with a fine of twice their value. Simple corporal
punishment could involve a hundred strokes of the cane and in more serious cases, 5
bleeding cuts added, or brands as a sign of permanent dishonor.
The Pharaoh himself might very well decide the most important criminal cases, or at
other times he might appoint a special commission with full authority to pass judgement.
Depending on the severity of the case, being exiled to Nubia or the Western Oasis, or
sent to to labor in the distant mines or quarries was not uncommon. Some crimes were
punished with mutilation consisting of cutting off a hand, tongue, nose or ears. In
extreme cases, capital punishment was inflicted by implement on a stake, burning alive,
drowning or decapitation. Because the guilty had violated Ma'at, it was also assumed
the individual would suffer failure, poverty, sickness, blindness or deafness, with the
final settlement awaiting in the Court of the Dead.
It should be noted that, while ancient Egyptian punishment is often seen as barbaric,
there was some support of basic human rights. For example the pharaoh Bocchoris
suppressed imprisonment for debt.
Civil Law
Probably one of the most famous cases is that of the the Eloquent Peasant (the Tale of
the Eloquent Peasant), which examines a poor man's search for justice from high
officials and the king himself. This particular story was widely told in the Middle
Kingdom of Egypt (2055-1650) and illustrates the point that even the problems of
common peasants were considered important.
Although males dominated the legal system in ancient Egypt, records indicate that
females enjoyed considerable rights under the law. Upon an individual's death, property
was often divided equally among both male and female children. Woman could own and
bequeath property, file lawsuits, be witnesses in court and file for divorce. Children and
the poor had considerable legal rights, and even slaves were allowed to own property
under certain circumstances.
Prior to the 7th century BC most contracts and deeds were oral, but with the advent of
the Demotic script, many legal transactions were required to be written, and these
documents give us a better picture of legal proceedings. A plaintiff was required to
bring suit, and if the case was deemed to have validity, the defendant would be
ordered to appear before the court. There were no legal advocates, so both parties
would present their own arguments. While witnesses were sometimes called, the judge
would usually rule on the grounds of documentary evidence and the testimony of each
party.
Continuing Effect
In many respects, the ancient Egyptian laws remain with us today. The Greek lawgiver
Solon visited Egypt in the 6th century BC, studied their law and adapted many aspects
of it into the legal system of Athens. During Egypt's Greek period, Egyptian law
continued to influence the separate Greek legal system. When the Romans took Egypt,
their legal system was effected by both the Greeks and Egyptians, and today, we
continue to implement a number of aspects of Roman law.
Ancient History Sourcebook:
The Tale of The Eloquent Peasant, c. 1800
BCE
[Barton Introduction] A remarkable appreciation of the rights of the common people is
revealed in this story, which has come down to us in copie made before 1800 B.C. The
principle part of the story is given below.
There was a man, Hunanup by name, a peasant of Sechet-hemat, and he had a wife,......by
name. Then said this peasant to his wife: "Behold, I am going down to Egypt to bring back
bread for my children. Go in and measure the grain that we still have in our
storehouse,............bushel." Then he measured for her eight bushels of grain. Then this
peasant said to his wife: "Behold, two bushels of grain shall be left for bread for you and the
children. But make for me the six bushels into bread and beer for each of the days that I
shall be on the road." Then this peasant went down to Egypt after he had loaded his asses
with all the good produce of Sechet-hemat.
This peasant set out and journeyed southward to Ehnas. He came to a point opposite Perfefi, north of Medenit, and found there a man standing on the bank, Dehuti-necht by name,
who was the son of a man named Iseri, who was one of the serfs of the chief steward,
Meruitensi.
Then said this Dehuti-necht, when he saw the asses of this peasant which appealed to his
covetousness: "Oh that some good god would help me to rob this peasant of his goods!"
The house of Dehuti-necht stood close to the side of the path, which was narrow, not wide.
It was about the width of a ............-cloth, and upon one side of it was the water and upon
the other side was growing grain. Then said Dehitu-necht to his servant: "Hasten and bring
me a shawl from the house!" And it was brought at once. Then he spread this shawl upon
the middle of the road, and it extended, one edge to the water, and the other to the grain.
The peasant came along the path which was the common highway. Then said Dehuti-necht:
"Look out, peasant, do not trample on my clothes!" The peasant answered: "I will do as you
wish; I will go in the right way!" As he was turning to the upper side, Dehuti-necht said:
"Does my grain serve you as a road?" Then said the peasant: "I am going in the right way.
The bank is steep and the path lies near the grain and you have stopped up the road ahead
with your clothes. Will you, then, not let me go by?" Upon that one of the asses took a
mouthful of grain. Then said Dehuti-necht: "See, I Will take away your ass because it has
eaten my grain."
Then the peasant said: "I am going in the right way. As one side was made mpassable I have
led my ass along the other, and will you seize it because it has taken a mouthful of grain?
But I know the lord of this property; it belongs to the chief steward, Meruitensi. It is he who
punishes every robber in this whole land. Shall I, then, be robbed in his domain?"
Then said Dehuti-necht: "Is it not a proverb which the people employ: >The name of the
poor is only known on account of his lord?' It is I who speak to you, but the chief steward of
whom you think." Then he took a rod from a green tamarisk and beat all his limbs with it,
and seized his asses and drove them into his compound.
Thereupon the peasant wept loudly on account of the pain of what had been done to him.
Dehuti-necht said to him: "Don't cry so loud, peasant, or you shall go to the city of the
dead." The peasant said: "You beat me and steal my goods, and will you also take the wail
away from my mouth? O Silence-maker! Give me my goods again! May I never cease to
cry out, if you fear!"
The peasant consumed four days, during which he besought Dehuti-necht, but he did not
grant him his rights. Then this peasant went to the south, to Ehnas to implore the chief
steward, Meruitensi. He met him as he was coming out of the canal-door of his compound
to embark in his boat. Thereupon the peasant said: "Oh let me lay before you this affair.
Permit one of your trusted servants to come to me, that I may send him to you concerning
it." Then the steward Meruitensi, sent one of his servants to him, and he sent back by him an
account of the whole affair. Then the chief steward, Meruitensi, laid the case of Dehutinecht before his attendant officials, and they said to him: "Lord, it is presumably a case of
one of your peasants who has gone against another peasant near him. Behold, it is
customary with peasants to so conduct themselves toward others who are near them. Shall
we beat Dehuti-necht for a little natron and a little salt? Command him to restore it and he
will restore it."
The chief steward, Meruitensi, remained silent---he answered neither the officials nor the
peasant. The peasant then came to entreat the chief steward Meruitensi, for the first time,
and said: "Chief steward, my lord, you are greatest of the great, you are guide of all that
which is not and which is. When you embark on the sea of truth, that you may go sailing
upon it, then shall not the.........strip away your sail, then your ship shall not remain fast,
then shall no misfortune happen to your mast then shall your spars not be broken, then shall
you not be stranded---if you run fast aground, the waves shall not break upon you, then you
shall not taste the impurities of the river, then you shall not behold the face of fear, the shy
fish shall come to you, and you shall capture the fat birds. For you are the father of the
orphan, the husband of the widow, the brother of the desolate, the garment of the
motherless. Let me place your name in this land higher than all good laws: you guide
without avarice, you great one free from meanness, who destroys deceit, who creates
truthfulness. Throw the evil to the ground. I will speak hear me. Do justice, O you praised
one, whom the praised ones praise. Remove my oppression: behold, I have a heavy weight
to carry; behold, I am troubled of soul; examine me, I am in sorrow."
[Barton: Meruitensi is so pleased with the eloquence of the peasant that he passed him on
to another officer and he to still another until he came before the king. Altogether the
peasant made nine addresses. His eighth address follows.]
This peasant came to implore him for the eighth time, and said: "Chief steward, my lord,
man falls on account of............ Greed is absent from a good merchant. His good commerce
is......... Your heart is greedy, it does not become you. You despoil: this is not praiseworthy
for you.........Your daily rations are in your house; your body is well filled. The officers,
who are set as a protection against injustice,---a curse to the shameless are these officers,
who are set as a bulwark against lies. Fear of you has not deterred me from supplicating
you; if you think so, you have not known my heart. The Silent one, who turns to report to
you his difficulties, is not afraid to present them to you. Your real estate is in the country,
your bread is on your estate, your food is in the storehouse. Your officials give to you and
you take it. Are you, then, not a robber? They plow for you......... for you to the plots of
arable land. Do the truth for the sake of the Lord of Truth.You reed of a scribe, you roll of a
book, you palette, you god Thoth, you ought to keep yourself far removed from injustice.
You virtuous one, you should be virtuous, you virtuous one, you should be really virtuous.
Further, truth is true to eternity. She goes with those who perform her to the region of the
dead. He will be laid in the coffin and committed to the earth; ---his name will not perish
from the earth, but men will remember him on account of his property: so runs the right
interpretation of the divine word.
"Does it then happen that the scales stand aslant? Or is it thinkable that the scales incline to
one side? Behold, if I come not, if another comes, then you host opportunity to speak as one
who answers, as one who addresses the silent, as one who responds to him who has not
spoken to you. You have not been.........; You have not been sick. You have not fled, you
have not departed. But you have not yet granted me any reply to this beautiful word which
comes from the mouth of the sun-god himself: >Speak the truth; do the truth: for it is great,
it is mighty, it is everlasting. It will obtain for you merit, and will lead you to veneration.'
For does the scale stand aslant? It is their scale-pans that bear the objects, and in just scales
there is no.............. wanting."
[Barton: After a ninth speech on the part of the peasant, the tale concludes as follows.]
Then the chief steward, Meruitensi, sent two servants to bring him back. Thereupon the
peasant feared that he would suffer thirst, as a punishment imposed upon him for what he
had said. Then the peasant said.............
Then said the chief steward, Meruitensi: "Fear not, peasant! See, you shall remain with me."
Then said the peasant: "I live because I eat of your bread and drink your beer forever."
Then said the chief steward, Meruitensi: "Come out here............" Then he caused them to
bring, written on a new roll, all the addresses of these days. The chief steward sent them to
his majesty, the king of Upper and Lower Egypt, Neb-kau-re, the blessed, and they were
more agreeable to the heart of his majesty than all that was in his land. His majesty said,
"Pass sentence yourself my beloved son!" Then the chief steward, Meruitensi, caused two
servants to go and bring a list of the household of Dehuti-necht from the government office,
and his possessions were six persons, with a selection from his.........., from his barley, from
his spelt, from his asses, from his swine, from his..........
THE TALE OF THE ELOQUENT PEASANT: AN INTERPRETATION
Something new—4,000 years ago
Only three fictional works from ancient Egypt remain in nearly full condition and they are all
very different. "The Shipwrecked Sailor" is an adventure and fable. "The Tale
of Sinuhe" is an early patriotic epic. "The Eloquent Peasant", from about the same time as
"Sinuhe", is something else again. It's like a cross between a folk tale and the bulk of Egyptian
non-fictional writing which is more meditative.
The narrative framework has to do with a peasant who is unjustly cheated out of his
possessions by the serf of chief steward. The peasant takes his complaint to the steward,
presenting his case quite eloquently. The steward who hears him reports to the king who is
intrigued. The king asks the steward to ignore the peasant, requiring him to keep returning
and making more of these wonderful pleas. The pleasant returns eight more times, each time
imploring the rulers to adhere to Ma'at, an Egyptian concept variously translated as
righteousness, order, justice or truth—not just in legalistic terms but as features of the
universe. Each time he attacks the matter in a different way, delving deeper into the
implications of this abstract concept. These parts of the story are usually translated into
poetry. You may take them as precursors to the Greek dialogues, or to the moral sermons of
the Bible: one passage, for instance, is rendered "Do for one who may do for you, that you
may cause him thus to do", nearly two millennia before Christ is reported to have delivered
the Golden Rule.
In the end, the peasant gets justice and we see Ma'at restored from the top to the bottom of
society. The story seems to work on several levels. It piques the interest of the common folks,
showing someone at the lower-level of society who is able to use his golden tongue to outwit
those who oppress him, while also demonstrating the wisdom of the king who recognizes the
truth when he hears it. At the same time, we're quite aware that it's unlikely an ignorant
peasant would have such a grasp of religious and philosophical principles, or of the language
of such discourse. The monologues are really pitched to the educated classes, directing them
to strive for the wise rule that would maintain the stability of their society and balance in the
universe.
Something like that. I don't know enough about Egyptian society to understand the context
completely. But I have been surprised to find the ruminations of the peasant interesting. The
first reaction may be of disappointment—hey, where'd the story go? this is just speeches
now—but once to accept this, you may see how profound this material must have been for the
ancient Egyptians and for those who came after.
Two collections of ancient Egyptian works that include "The Eloquent Peasant" are The Tale of
Sinuhe and Other Egyptian Poems, translated by R.B. Parkinson, and The Literature of Ancient
Egypt, edited by William Kelly Simpson but with this story translated by Vincent A. Tobin.
Parkinson's translation is the seminal translation that scholars seem to depend upon. Tobin's
builds upon Parkinson's and is the easiest to read and understand in my experience. There are
also several versions available for reading online but I find them too crude to get across the
meaning of the peasant's monologues in any way that would impress a modern reader. Some
of them also compress the story, leaving out most of the poetic speeches which are the heart
of "The Eloquent Peasant".
LAW AND ORDER IN ANCIENT EGYPT- QUESTIONS (answer in point form)
1. How many law-based codes or books are there estimated to be?
2. What was Egyptian law based on?
3. What did Ma’at represent?
4. Who was the only social group not viewed as equals under the law?
5. Explain what was unique about the punishment system in Egypt for certain crimes.
6. How did Greek culture and law impact Egypt?
7. Who was the judge and lawmaker?
8. Who else served as judges?
9. Describe the Overseer of the Six Mansions.
10. Where were minor cases heard?
11. What role did divine oracles play in the justice system?
12. What modern examples were prevalent in Egyptian court?
13. In your opinion, what would be a suitable punishment for grave robbers?
14. Provide an example of the punishment that may have existed for something like
embezzlement.
15. What might happen in a corporal case?
16. What role did mutilation play in Egyptian law?
17. Explain some examples of what happened in capital cases.
18. What was the “final settlement” for violating Ma’at?
19. What role did women play in the legal system?
APPLY YOUR THINKING:
1. Do you think it was fair to punish the whole family for the misdeeds of one? Explain.
EXAMPLES OF CRIME IN EGYPT
CRIME NUMBER ONE:
perpetrated by the workmen of Nakhu-m-Maut. They went into my house, stole two large loaves and three cakes, spilt
my oil, opened my bin containing the corn, stole Northern dehu-corn. They went to the house in the wharf, stole half the
killesteis (a kind of acid bread) yesterday [baked], spilt the oil.
In the third month of the Shemu-season, the 12th day, during the crown feast of king Amen-hotep, l.h.s., they went to the
granary, stole three great loaves, eight sabu-cakes of Rohusu berries ..... They drew a bottle of beer which was
[cooling] in water, while I was staying in my father's room. My Lord, let whatsoever has been stolen be given back to
me.
Egyptian publications of Mariette
G. Maspero, Etudes de mythologie et d'archéologie égyptiennes vol. 3, 1898
The Crime :
Who did it?
Punishment:
CRIME NUMBER TWO:
The great criminal, Weren, who was butler.
He was brought in because of his hearing the words from the chief of the chamber, and when he had
[withdrawn from] him he concealed them and did not report them. He was placed before the nobles of the
court of examination; they found him guilty; they brought his punishment upon him.
Records of the Harem Conspiracy against Ramses III
James Henry Breasted Ancient Records of Egypt, Part Four, § 437
The Crime:
Punishment:
CRIME NUMBER THREE:
After collaborating for four years, Amenpenofer, a builder working for Amenhotep, High Priest of Amen-Re Sonter,
and seven other builders, woodworkers, farmers and a boatman, decided to break into the pyramid of Sobekmesef.
With their metal tools they cut a passage into the pyramid's underground chambers, removed all the obstacles and
reached the sarcophagi of the queen and king. They opened the lids and the inner gilded wooden coffins, collected the
golden face masks, jewellery, amulets, weighing 160 deben (about 14.5 kg) and burned the remains. They divided the
loot into eight parts and were rowed back over the Nile by the boatman.
Whether he couldn't keep quiet, his sudden wealth was noticed, or they had been observed, Amenpenofer was arrested
by the city guards and brought to the office of Peser, prince of the city. He bribed a scribe with his twenty deben of
gold and was released without being charged. On his return, his associates agreed to redistributing the remaining 140
deben of gold.
They continued their raids until they were finally arrested. And they were not the only ones to do so. As the thief
remarked
Many sons of this people rob the graves just as we do and are not less guilty than we are.
The robbers returned with the investigating judges to the pyramids they had robbed. They agreed to reveal all the
names of the gang to their master, the High Priest of Amen, but when they were brought before him, only three of the
eight were left. The judges requested of the High Priest to apprehend the fugitives.
The mother of Amenpenofer was exiled to Nubia and the builder himself rearrested a few months later and brought to
court.
The Crime:
Punishment:
JUSTICE, USING ORACLES:
Oracles
During the New Kingdom the priesthood arrogated to themselves some of the judicial powers belonging to the royal
administration. This took the form of oracles with the statue of the god choosing between two alternative papyri, as in
the case of a supervisor accused of embezzlement.
O Amon-Re, king of gods], my good lord; it is said that there are no matters which should be investigated in
the case of Thutmose, triumphant [38], son of Sudiamon, triumphant, the major-domo
and
O Amon-Re, king of gods], my good lord; it is said that there are matters which should be investigated in the
case of Thutmose, triumphant, son of Sudiamon, triumphant, the major-domo
Question:
What was wrong with this form of justice?
PUNISHMENT EXAMPLE:
Other crimes were punished with restitution of stolen property, fines, confiscation, imprisonment
beatings, mutilation, banishment, or death.
[14]
, forced labour,
List of property stolen by the servant of the charioteer Pakhary.
1 wash-basin of bronze amounting to 20 deben, making a penalty of 40 deben ;
1 vessel of bronze amounting to 6 deben, making a penalty of 18 deben ;
1 spittoon of bronze amounting to 6 deben, making a penalty of 18 deben ;
1 vessel of bronze amounting to 3 1/2 deben, making a penalty of 10 1/2 deben ;
1 vessel of bronze amounting to 1 deben, making a penalty of 3 deben ;
2 garments of fine Upper Egyptian linen of first quality, making a penalty of 6;
2 garments of fine Upper Egyptian linen, making a penalty of 6;
1 shirt of fine Upper Egyptian linen, cast off, making a penalty of 3;
17 hunks of yarn, making a penalty of 51;
1 ... making a penalty of 3.
Restitution of, and Penalty attaching to, Stolen Property in Ramesside Times
Published by Jaroslav Ocernoy, 1937
THE ELOQUENT PEASANT
1. LIST THE CHARACTERS IN THE STORY.
2. WHAT TYPE OF CHARACTER IS THE ELOQUENT PEASANT?
3. WHAT TYPE OF CHARACTER IS DEHUTI-NECHT?
4. WHAT DOES DEHUTI-NECHT DO THE ELOQUENT PEASANT?
5. WHY DOES THE ELOQUENT PEASANT GET TO APPEAL 9 TIMES?
6. WHAT IS THE FINAL OUTCOME AND MESSAGE OF THE STORY?
7. RE-TELL THE STORY IN YOUR OWN WORDS, USING STICK FIGURE
COMICS. THIS WILL HELP IN YOUR INTERPRETATION OF THE STORY FOR
A TEST. USE THE BACK.