Museum of Antiquity: A Description of Ancient Life

by L. W. Yaggy; T. L. Haines

The willful murder of a freeman, or even of a slave, was punished with death, from the conviction that men ought to be restrained from the commission of sin, not on account of any distinction of station in life, but from the light in which they viewed the crime itself; while at the same time it had the effect of showing that if the murder of a slave was deemed an offense deserving of so severe a punishment, they ought still more to shrink from the murder of one who was a compatriot and a free-born citizen.

In this law we observe a scrupulous regard to justice and humanity, and have an unquestionable proof of the great advancement made by the Egyptians in the most essential points of civilization. Indeed, the Egyptians considered it so heinous a crime to deprive a man of life, that to be the accidental witness of an attempt to murder, without endeavoring to prevent it, was a capital offense, which could only be palliated by bringing proofs of inability to act.

With the same spirit they decided that to be present when any one inflicted a personal injury on another, without interfering, was tantamount to being a party, and was punishable according to the extent of the assault; and every one who witnessed a robbery was bound either to arrest, or, if that was out of his power, to lay an information, and to prosecute the offenders; and any neglect on this score being proved against him, the delinquent was condemned to receive a stated number of stripes, and to be kept without food for three whole days.

Although, in the case of murder, the Egyptian law was inexorable and severe, the royal prerogative might be exerted in favor of a culprit, and the punishment was sometimes commuted by a mandate from the king.

Sabaco, indeed, during the fifty years of his reign, "made it a rule not to punish his subjects with death," whether guilty of murder or any other capital offence, but, "according to the magnitude of their crimes, he condemned the culprits to raise the ground about the town to which they belonged. By these means the situation of the different cities became greatly elevated above the reach of the inundation, even more than in the time of Sesostris;" and either on account of a greater proportion of criminals, or from some other cause, the mounds of Bubastis were raised considerably higher than those of any other city.

The same laws that forbade a master to punish a slave with death took from a father every right over the life of his offspring; and the Egyptians deemed the murder of a child an odious crime, that called for the direct interposition of justice. They did not, however, punish it as a capital offence, since it appeared inconsistent to take away life from one who had given it to the child, but preferred inflicting such a punishment as would induce grief and repentance. With this view they ordained that the corpse of the deceased should be fastened to the neck of its parent, and that he should be obliged to pass three whole days and nights in its embrace, under the surveillance of a public guard.

But parricide was visited with the most cruel of chastisements; and conceiving, as they did, that the murder of a parent was the most unnatural of crimes, they endeavored to prevent its occurrence by the marked severity with which it was avenged. The criminal was, therefore, sentenced to be lacerated with sharpened reeds, and, after being thrown on thorns, he was burned to death.

When a woman was guilty of a capital offence, and judgment had been passed upon her, they were particularly careful to ascertain if the condemned was in a state of pregnancy; in which case her punishment was deferred till after the birth of the child, in order that the innocent might not suffer with the guilty, and thus the father be deprived of that child to which he had at least an equal right.

But some of their laws regarding the female sex were cruel and unjustifiable; and even if, which is highly improbable, they succeeded by their severity in enforcing chastity, and in putting an effectual stop to crime, yet the punishment rather reminds us of the laws of a barbarous people than of a wise and civilized state. A woman who had committed adultery was sentenced to lose her nose, upon the principle that, being the most conspicuous feature, and the chief, or, at least, an indispensable, ornament of the face, its loss would be most severely felt, and be the greatest detriment to her personal charms; and the man was condemned to receive a bastinado of one thousand blows. But if it was proved that force had been used against a free woman, he was doomed to a cruel mutilation.

The object of the Egyptian laws was to preserve life, and to reclaim an offender. Death took away every chance of repentance, it deprived the country of his services, and he was hurried out of the world when least prepared to meet the ordeal of a future state. They, therefore, preferred severe punishments, and, except in the case of murder, and some crimes which appeared highly injurious to the community, it was deemed unnecessary to sacrifice the life of an offender.