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God that in no wise may'st thou permit that man to eat this bread and cheese, who has committed this theft or consented to it or advised it. Adjured through Him who is to come to judge the quick and the dead, do thou close his throat with a band, not, however, unto death."

And thou shalt repeat those prayers three times. And, before thou sayest those prayers, thou should'st write on the bread itself the Lord's prayer. And of that bread thou should'st weigh out ten denars weight, and of the cheese likewise. And thou should'st place the bread and the cheese at the same time in his mouth, and make two crosses of poplar wood, and put one under his right foot; and the other cross the priest shall hold with his hand above his (the accused's, head, and shall throw above his head that theft written on a tablet. And when thou dost place that bread in his mouth, thou should'st say the following conjuration:

(Conjuration.) I conjure thee, O man, through the Father and the Son and the Holy Spirit, and through the twenty-four elders who daily sound praises before God, and through the twelve patriarchs, through the twelve prophets, and through the twelve apostles, and the evangelists, through the martyrs, through the confessors, through the virgins, and through all the saints, and through our Redeemer, our Lord Jesus Christ, who for our salvation and for our sins, did suffer His hands. to be affixed to the cross: that if thou werst a partner in this theft, or did'st know of it, or have any fault in it, that bread and cheese may not pass thy gullet and throat: but that thou may'st tremble like an aspen-leaf, amen; and not have rest, O man, until thou dost vomit it forth with blood, if thou hast committed aught in the matter of the aforesaid theft. Through Him who liveth, etc.

F. Judgment with the Psalter

One piece of wood shall be made with a button on top, and shall be put in a psalter above this verse: "Thou art just O Lord and righteous are Thy judgments," and the psalter being closed shall be strongly pressed, the button projecting, Another piece of wood also shall be made with a hole in it, in which the button of the former piece shall be placed so that the psalter hangs from it and can be turned. Let two persons, moreover, hold the wood, the psalter hanging in the middle; and let him who is suspected be placed before them. And one of those who holds the psalter

shall say to the other, thrice, as follows: "He has this thing" (i.e. the thing stolen). The other shall reply thrice: "He has it not." Then the priest shall say: "This He will deign to make manifest unto us, by whose judgment are ruled things terrestrial and things celestial. Thou art just, O Lord, and righteous are Thy judgments. Turn away the evils of my enemies, and destroy them with Thy truth."

(Prayer.) Omnipotent everlasting God, who did'st create all things from nothing, and did'st form man from the clay of the earth, we pray thee as suppliants through the intercession of Mary the most holy mother of God . . . that Thou do make trial for us concerning this matter about which we are uncertain: so that if so be that this man is guiltless, that book which we hold in our hands shall (in revolving) follow the ordinary course of the sun; but if he be guilty that book shall move backwards.

CHAPTER XXIV

DOCUMENTS

SECTION 1. EGYPTIAN

NO 1. THE TESTAMENTARY ENACTMENT OF AN UNKNOWN OFFICIAL, ESTABLISHING THE ENDOWMENT OF HIS TOMB BY THE PYRAMID OF KHAFRE1

Introduction

1. . . . while he was alive upon his two feet, even the sole companion, lord of Nekhen, member of the king's court every day... local governor of "Praise-of-Horus-First-of-Heaven," 2 these mortuary priests forever 3

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Endowment is Entailed

2. . This is the [dec]ree which I made concerning it: I have not empowered . . . any of [my brothers], my sisters, or my daughter's children, inferior mortuary priests, or assistant mortuary priests, [to take lands,] people, or anything which I have conveyed to them, for making mortuary offerings to me therewith, whether their man-servant [or their maid-servant], their brothers or their sisters, save to make mortuary offerings [to me therewith, in the cemetery in] my eternal tomb which is at the pyramid, "Great-is

[Reprinted, by permission, from "Ancient Records of Egypt," Vol. I, p. 97 seq., by JAMES H. BREASTED, University of Chicago Press, 1906.]

As a revelation of the legal organization of this remote age [Fourth Dynasty-2900-2750 B.c.] this document is of great interest. Economically it is of importance to note that the king gives whole towns as mortuary endowment, to keep the tomb of the deceased constantly supplied with offerings.

Stela in Cairo (No. 1432); published by Brugsch, "Thesaurus," V, 1210 ff.; Sethe, "Urkunden," I, 11-15 (collated with Berlin squeeze, No. 1597).

2 Name of a vineyard estate founded by Zoser of the Third Dynasty; see Sethe, in Garstang's "Bet-Khallaf," 21. I have omitted before this title a repetition of titles already mentioned.

Probably so rather than "endowment."

4 Probably a lacuna of more than one line.

Khafre;" according to the portion of lands, people, and [everything, which I have conveyed to them, for making mortuary offerings to me] therewith.

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Line of Entailment

3. I have not empowered any mortuary priest of the endowment, to give the lands, people or [anything which I have conveyed to them, for making mortuary offerings to me] therewith, in payment to any person; or to give as property to any person, except that [they] shall give [it to their children], entitled to the division of it with any mortuary priest among these mortuary priests.1

Violation of Endowment

4. Whatsoever mortuary priest of the endowment shall violate, of my mortuary offerings, which the king gave to honor me, the portion in his possession shall be taken from him . .

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Endowment not Involved in Suits of Priests

5. Whatsoever mortuary priest of the endowment shall institute legal proceedings against his fellow, and he shall make a writ of his claim against the mortuary priest, by which [he (the defendant?) forfeits the portion] in his possession; the lands, people and everything shall be taken from him, which I gave to him for making mortuary offerings to me therewith . . . therewith. It shall be conveyed back to him because of not instituting proceedings before the officials, [concerning the lands, people and everything, which I conveyed] to the mortuary priests of the endowment, for making mortuary offerings to me therewith, in my eternal tomb, which is in the cemetery at [the pyramid: "Greatis-Khafre."]

Transfer of Priests to Other Service

6. Whatsoever mortuary priest of the endowment shall go forth to other service, in the presence of the official, . . . the officials, he shall go forth to other service and the portion on his

1 Not all their children were entitled to a share in the division, but only those who became mortuary priests; hence the document distinguishes particularly those "entitled to (lit. belonging to) the division of it (the property) with any given mortuary priest of these mortuary priests" (viz., those endowed by this document).

possession shall revert to the (priestly) order to which he belonged. . . of lands, people and everything, which I conveyed [to] them, for making mortuary offerings to me therewith, in my tomb which is in [the cemetery at the pyramid: "Great-is-Khafre"]; he shall go forth with his meat.

Land given by King

7. As for this field, which the king gave to me, to honor me for making mortuary offerings to me therewith in the cemetery.

Alienation of Endowment

8. As for whatsoever shall be paid out, of that which I gave to them, [I will enter into judgment with them in the place] wherein judgment is had. The portion which remains afterward, shall belong, by tenths, to these (priestly) orders to [whom] I have conveyed this . . . [the portion] which remains, for making mortuary offerings to me therewith, in the cemetery in my eternal tomb, which is at [the pyramid: "Great]-is-Khafre.'

Towns of the Endowment

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9. As for the towns of the (mortuary) endowment, which the king gave to me, to honor me, which are maintained for my mortuary offerings, according to the list . . . forever, wherewith mortuary offerings are made to me, in my eternal tomb which is in the cemetery at the pyramid: "Great-is-Khafre." [lands, people], and everything which I conveyed to them. As for the towns of the (mortuary) endowment of the purification, wherewith purification is made . . .

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NO. 2. THE CONTRACTS OF HEPZEFI 2

Engraved upon the east wall of the great hall in Hepzefi's cliff-tomb at Assiut. The only complete copy is that published by Mr. Griffith (F. L. Griffith, "The Inscriptions of Siût and Dêr Rîfeh, London, 1889), which is a model of care and accuracy. It is unnecessary to refer to the earlier publications, as Mr. Griffith has collated them all. The first adequate treatment was that of Erman, written, unfortunately, before the appearance of Mr. Griffith's text ("Zeitschrift für ägyptische Sprache," 1882,

1 At least three lines are lost at the end.

2 [Reprinted, by permission, from “Ancient Records of Egypt," Vol. I, 258 seq., by JAMES H. BREASTED, University of Chicago Press, 1906. These contracts are of the twelfth dynasty, Sesostris I, 1980–1935, B.c.]

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