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Diodorus Siculus on the Egyptian Judicial System
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Diodorus Siculus on the Egyptian Judicial System
from his Historical Library

Chapter 60
Amasis. Aktisanes of Ethiopia. The city Rhinocolura

    But Actisanes carried his good fortune as a man should and conducted himself in a kindly manner towards his subjects. For instance, he had his own manner of dealing with thieves, neither putting to death such as were liable to that punishment, nor letting them go with no punishment at all; for after he had gathered together out of the whole land those who were charged with some crime and had held a thoroughly fair examination of their cases, he took all who had been judged guilty, and, cutting off their noses, settled them in a colony on the edge of the desert, founding the city which was called Rhinocolura after the lot of its inhabitants.

Chapter 65
Bocchoris, Sabaco of Ethiopia

    Much later Egypt was ruled by Sabaco, who was by birth an Ethiopian and yet in piety and uprightness far surpassed his predecessors. A proof of his goodness may be found in his abolition of the severest one of the customary penalties (I refer to the taking of life); for instead of executing the condemned he put them in chains at forced labour for the cities, and by their services constructed many dykes and dug out not a few well-placed canals; for he held that in this way he had reduced for those who were being chastised the severity of their punishment, while for the cities he had procured, in exchange for useless penalties, something of great utility.

Chapter 75
The Administration of the Law

    In their administration of justice the Egyptians also showed no merely casual interest, holding that the decisions of the courts exercise the greatest influence upon community life, and this in each of their two aspects. For it was evident to them that if the offenders against the law should be punished and the injured parties should be afforded succour there would be an ideal correction of wrongdoing; but if, on the other hand, the fear which wrongdoers have of the judgments of the courts should be brought to naught by bribery or favour, they saw that the break-up of community life would follow. Consequently, by appointing the best men from the most important cities as judges over the whole land they did not fall short of the end which they had in mind. For from Heliopolis and Thebes and Memphis they used to choose ten judges from each, and this court was regarded as in no way inferior to that composed of the Areopagites at Athens or of the Elders at Sparta. And when the thirty assembled they chose the best one of their number and made him chief justice, and in his stead the city sent another judge. Allowances to provide for their needs were supplied by the king, to the judges sufficient for their maintenance, and many times as much to the chief justice. The latter regularly wore suspended from his neck by a golden chain a small image made of precious stones, which they called Truth; the hearings of the pleas commenced whenever the chief justice put on the image of Truth. The entire body of the laws was written down in eight volumes which lay before the judges, and the custom was that the accuser should present in writing the particulars of his complaint, namely, the charge, how the thing happened, and the amount of injury or damage done, whereupon the defendant would take the document submitted by his opponents in the suit and reply in writing to each charge, to the effect either that he did not commit the deed, or, if he did, that he was not guilty of wrongdoing, or, if he was guilty of wrongdoing, that he should receive a lighter penalty. After that, the law required that the accuser should reply to this in writing and that the defendant should offer a rebuttal. And after both parties had twice presented their statements in writing to the judges, it was the duty of the thirty at once to declare their opinions among themselves and of the chief justice to place the image of Truth upon one or the other of the two pleas which had been presented.

 

Chapter 76
The Administration of the Law

    This was the manner, as their account goes, in which the Egyptians conducted all court proceedings, since they believed that if the advocates were allowed to speak they would greatly becloud the justice of a case; for they knew that the clever devices of orators, the cunning witchery of their p263delivery, and the tears of the accused would influence many to overlook the severity of the laws and the strictness of truth; at any rate they were aware that men who are highly respected as judges are often carried away by the eloquence of the advocates, either because they are deceived, or because they are won over by the speaker's charm, or because the emotion of pity has been aroused in them; but by having the parties to a suit present their pleas in writing, it was their opinion that the judgments would be strict, only the bare facts being taken into account. For in that case there would be the least chance that gifted speakers would have an advantage over the slower, or the well-practised over the inexperienced, or the audacious liars over those who were truth-loving and restrained in character, but all would get their just dues on an equal footing, since by the provision of the laws ample time is taken, on the one hand by the disputants for the examination of the arguments of the other side, and, on the other hand, by the judges for the comparison of the allegations of both parties.

 

Chapter 77
The Administration of the Law

    Since we have spoken of their legislation, we feel that it will not be foreign to the plan of our history to present such laws of the Egyptians as were especially old or took on an extraordinary form, or, in general, can be of help to lovers of reading. Now in the first place, their penalty for perjurers was death, on the ground that such men are guilty of the two greatest transgressions being impious towards the gods and overthrowing the p265mightiest pledge known among men. Again, if a man, walking on a road in Egypt, saw a person being killed or, in a word, suffering any kind of violence and did not come to his aid if able to do so, he had to die; and if he was truly prevented from aiding the person because of inability, he was in any case required to lodge information against the bandits and to bring an act against their lawless act; and in case he failed to do this as the law required, it was required that he be scourged with a fixed number of stripes and be deprived of every kind of food for three days. Those who brought false accusations against others had to suffer the penalty that would have been meted out to the accused persons had they been adjudged guilty. All Egyptians were also severally required to submit to the magistrates a written declaration of the sources of their livelihood, and any man making a false declaration or gaining an unlawful means of livelihood had to pay the death penalty. And it is said that Solon, after his visit to Egypt, brought this law to Athens. If anyone intentionally killed a free man or a slave the laws enjoined that he be put to death; for they, in the first place, wished that it should not be through the accidental differences in men's condition in life but through the principles governing their actions that all men should be restrained from evil deeds, and, on the other hand, they sought to accustom mankind, through such consideration for slaves, to refrain all the more from committing any offence whatever against freemen.
In the case of parents who had slain their children, though the laws did not prescribe death, yet the offenders had to hold the dead body in their arms for three successive days and nights, under the surveillance of a state guard; for it was not considered just to deprive of life those who had given life to their children, but rather by a warning which brought with it pain and repentance to turn them from such deeds. But for children who had killed their parents they reserved an extraordinary punishment; for it was required that those found guilty of this crime should have pieces of flesh about the size of a finger cut out of their bodies with sharp reeds and then be put on a bed of thorns and burned alive; for they held that to take by violence the life of those who had given them life was the greatest crime possible to man. Pregnant women who had been condemned to death were not executed until they had been delivered. The same law has also been enacted by many Greek states, since they held it entirely unjust that the innocent should suffer the same punishment as the guilty, that a penalty should be exacted of two for only one transgression, and, further, that, since the crime had been actuated by an evil intention, a being as yet without intelligence should receive the same correction, and, what is the most important consideration, that in view of the fact that the guilty had been laid at the door of the pregnant mother it was by no means proper that the child, who belongs to the father as well as to the mother, should be despatched; 10 for a man may properly consider judges who spare the life of a murderer to be no worse than other judges who destroy that which is guilty of no crime whatsoever.
Now of the laws dealing with murder these are those which are thought to have been the most successful.

Chapter 78
Laws

    Among their other laws one, which concerned military affairs, made the punishment of deserters or of any who disobeyed the command of their leaders, not death, but the uttermost disgrace; 2 but if later on such men wiped out their disgrace by a display of manly courage, they were restored to their former freedom of speech.12 Thus the lawgiver at the same time made disgrace a more terrible punishment than death, in order to accustom all the people to consider dishonour the greatest of evils, and he also believed that, while dead men would never be of value to society, men who had been disgraced would do many a good deed through their desire to regain freedom of speech.3 In the case of those who had disclosed military secrets to the enemy the law prescribed that their tongues should be cut out, while in the case of counterfeiters or falsifiers of measures and weights or imitators of seals, and of official scribes who made false entries or erased items, and of any who adduced false documents, it ordered that both their hands should be cut off, to the end that the offender, being punished in respect of those members of his body that were the instruments of his wrongdoing, should himself keep until death his irreparable misfortune, and at the same time, by serving as a warning example to others, should turn them from the commission of similar offences.
Severe also were their laws touching women. For if a man had violated a free married woman, they stipulated that he be emasculated, considering that such a person by a single unlawful act had been guilty of the three greatest crimes, assault, abduction, and confusion of offspring; 5 but if a man committed adultery with the woman's consent, the laws ordered that the man should receive a thousand blows with the rod, and that the woman should have her nose cut off, on the ground that a woman who tricks herself out with an eye to forbidden licence should be deprived of that which contributes most to a woman's comeliness.

Chapter 79
Laws

    Their laws governing contracts they attribute to Bocchoris. These prescribe that men who had borrowed money without signing a bond, if they denied the indebtedness, might take an oath to that effect and be cleared of the obligation. The purpose, was, in the first place, that men might stand in awe of the gods by attributing great importance to oaths, for, since it is manifest that the man who has repeatedly taken such an oath will in the end lose the confidence which others had in him, everyone will consider it a matter of the utmost concern not to have recourse to the oath lest he forfeit his credit. In the second place, the lawgiver assumed that by basing confidence entirely upon a man's sense of honour he would incite all men to be virtuous in character, in order that they might not be talked about as being unworthy of confidence; and, furthermore, he held it to be unjust that men who had been trusted with a loan without an oath should not be trusted when they gave their oath regarding the same transaction. And whoever lent money along with a written bond was forbidden to do more than double the principal from interest.
In the case of debtors the lawgiver ruled that the repayment of loans could be exacted only from a man's estate, and under no condition did he allow the debtor's person to be subject to seizure, holding that whereas property should belong to those who had amassed it or had received it from some earlier holder by way of a gift, the bodies of citizens should belong to the state, to the end that the state might avail itself of the services which its citizens owed it, in times of both war and peace. For it would be absurd, he felt, that a soldier, at the moment perhaps when he was setting forth to fight for his fatherland, should be haled to prison by his creditor for an unpaid loan, and that the greed of private citizens should in this way endanger the safety of all. And it appears that Solon took this law also to Athens, calling it a "disburdenment," when he absolved all the citizens of the loans, secured by their persons, which they owed. But certain individuals find fault, and not without reason, with the majority of the Greek lawgivers, who forbade the taking of weapons and ploughs and other quite indispensable things as security for loans, but nevertheless allowed the men who would use these implements to be subject to imprisonments.

Chapter 80
Laws

    The Egyptian law dealing with thieves was also a very peculiar one. For it bade any who chose to follow this occupation to enter their names with the Chief of the Thieves and by agreement to bring to him immediately the stolen articles, while any who had been robbed filed with him in like manner a list of all the missing articles, stating the place, the day, and the hour of the loss. And since by this method all lost articles were readily found, the owner who had lost anything had only to pay one-fourth of its value in order to recover just what belonged to him. For as it was impossible to keep all mankind from stealing, the lawgiver devised a scheme whereby every article lost would be recovered upon payment of a small ransom.

Diodorus Siculus Library of History Vol 1, Chap. 75ff, translation by Charles H. Oldfather

Chapter 3.12
Forced labour in the mines

    The Egyptian kings send those condemned for a crime and the prisoners of war, among them many who succumbed to a false accusation, and not only these themselves but sometimes all their relatives as well, to labour in the gold mines; and by punishing the condemned in this way they have great income from their labour. The number of those condemned to this work is very great; and their feet are all fettered and they all have to work incessantly, not only by day but also through the night, for no rest is permitted them and they are deprived of all possibility of escape, as guards soldiers of a barbaric tribe are stationed there who speak a completely different language, and nobody can bribe a guard by heart-rending supplication or pursuasion.

 


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November 2002
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