Egyptians had an efficacious means of ensuring the payment of debts—in depriving those of sepulture who died without satisfying their creditors. In such a case the body, after being embalmed, was simply deposited in the house of the deceased and left to the children. “It sometimes happens,” says Diodorus, “that, owing to the prevailing respect for the memory of parents, the grandchildren, becoming wealthier, paid the debts of their ancestor, had the decree of condemnation revoked, and gave him a magnificent funeral.” The same author adds, “It is common to give the body of a deceased parent as the guarantee of a debt. The greatest infamy and privation of sepulture awaited those who did not redeem such a pledge.”
“Under the reign of Asychis,” says Herodotus, “the Egyptians made a law allowing a person to borrow by giving in pledge the body of his father. An additional clause allowed the lender to dispose of the sepulchral chamber of the borrower, and, in case of refusal to pay the debt, he who had given such a pledge incurred the following punishment: in case of death, the impossibility of obtaining burial either in the paternal sepulchre or in any other, and the interdiction of burying any one belonging to him.”
This singular custom of pledging a dead body could only exist in Egypt, where it was a religious obligation to preserve the body, and an infamy not to give funeral honors to deceased parents.
The administration of justice in Egypt excited the admiration of the philosophers and legislators of antiquity. Diodorus, who studied their system, found it superior to that of other countries. To enable the reader to judge for himself, we shall give the essential details concerning
it. “The Egyptians,” says he, “have carefully considered the judicial power, persuaded that the acts of a tribunal have a twofold influence upon social life. It is evident that the punishment of the guilty and the protection of the injured are the best means of repressing crime. They knew, if the fear of justice could be done away with by bribes and corruption, it would lead to the ruin of society. They therefore chose judges from the chief inhabitants of the most celebrated cities, Heliopolis, Thebes, and Memphis. Each of these cities furnished ten, who composed the tribunal, which might be compared to the Areopagus of Athens or the Senate of Lacedæmon. These thirty judges chose a president from their number, and the city to which he belonged sent another judge to replace him. These judges were supported at the expense of the king, and their salary was very considerable....”
The plaintiff in person stated his grievances, and the accused defended himself. There were no counsellors, “the Egyptians being of the opinion that they only obscure a cause by their pleadings.... In fact, it is not rare,” adds Diodorus, “to see the most experienced magistrates swayed by the power of a deceitful tongue, aiming at effect, and seeking only to excite compassion.”
This organization seems adapted to secure the equity and impartiality desirable in the administration of justice. The selection of the judges from the principal citizens of the country, and their large salaries, guaranteed their ability and independence. At the same time, the restricted number of judges shows how rare lawsuits were in Egypt. It must have been so in a nation so wisely governed, in which order and peace reigned among all classes and in all families,
and where the interests of every one were guaranteed and protected.
The study of the inscriptions shows that the civil offices were filled by citizens belonging to the sacerdotal and military classes.[30] Were these functions hereditary? The stability of the Egyptian institutions allows us to believe the transmission of the public duties must have been generally by inheritance.
A monument in the museum of Leyden shows us a family of the beginning of the twelfth dynasty, which for many successive generations was employed in the distribution of water in the district of Abydos.[31] But more important duties, requiring greater personal capacity or a special commission from public authority, must have been at the nomination of the kings or the governors of the nomes.