The Ancient History of the Egyptians, Carthaginians, Assyrians,

The Egyptians were the first people who rightly understood the rules of government. A nation so grave and serious immediately perceived, that the true end of politics is, to make life easy, and a people happy.

The kingdom was hereditary; but, according to Diodorus,323 the Egyptian princes conducted themselves in a different manner from what is usually seen in other monarchies, where the prince acknowledges no other rule of his actions than his own arbitrary will and pleasure. But here, kings were under greater restraint from the laws than their subjects. They had some particular ones digested by a former monarch, that composed part of what the Egyptians called the sacred books. Thus every thing being settled by ancient custom, they never sought to live in a different way from their ancestors.

No slave nor foreigner was admitted into the immediate service of the prince; such a post was too important to be intrusted to any persons, except those who were the most distinguished by their birth, and had received the most excellent education; to the end that, as they had the liberty of approaching the king's person day and night, he might, from men so qualified, hear nothing which was unbecoming the royal majesty; nor have any sentiments instilled into him but such as were of a noble and generous kind. For, adds Diodorus, it is very rarely seen that kings fly out into any vicious excess, unless those who approach them approve their irregularities, or serve as instruments to their passions.

The kings of Egypt freely permitted, not only the quality and proportion of what they ate and drank to be prescribed them, (a thing customary in Egypt, whose inhabitants were all sober, and whose air inspired frugality,) but even that all their hours, and almost every action, should be under the regulation of the laws.

In the morning at day break, when the head is clearest, and the thoughts most unperplexed, they read the several letters they received; to form a more just and distinct idea of the affairs which were to come under their consideration that day.

[pg 026] As soon as they were dressed, they went to the daily sacrifice performed in the temple; where, surrounded with their whole court, and the victims placed before the altar, they assisted at the prayer pronounced aloud by the high priest, in which he asked of the gods, health and all other blessings for the king, because he governed his people with clemency and justice, and made the laws of his kingdom the rule and standard of his actions. The high priest entered into a long detail of his royal virtues; observing, that he was religious to the gods, affable to men, moderate, just, magnanimous, sincere; an enemy to falsehood; liberal; master of his passions; punishing crimes with the utmost lenity, but boundless in rewarding merit. He next spoke of the faults which kings might be guilty of; but supposed at the same time that they never committed any, except by surprise or ignorance; and loaded with imprecations such of their ministers as gave them ill council, and suppressed or disguised the truth. Such were the methods of conveying instruction to their kings. It was thought that reproaches would only sour their tempers; and that the most effectual method to inspire them with virtue, would be to point out to them their duty in praises conformable to the sense of the laws, and pronounced in a solemn manner before the gods. After the prayers and sacrifices were ended, the councils and actions of great men were read to the king out of the sacred books, in order that he might govern his dominions according to their maxims, and maintain the laws which had made his predecessors and their subjects so happy.

I have already observed, that the quantity as well as quality of what he ate or drank were prescribed, by the laws, to the king: his table was covered with nothing but the most common food; because eating in Egypt was designed, not to tickle the palate, but to satisfy the cravings of nature. One would have concluded, (observes the historian,) that these rules had been laid down by some able physician, who was attentive only to the health of the prince, rather than by a legislator. The same simplicity was seen in all other things; and we read in Plutarch of a temple in Thebes, which had one of its pillars inscribed with imprecations against that king who first introduced profusion and luxury into Egypt.324

[pg 027] The principal duty of kings, and their most essential function, is the administering justice to their subjects. Accordingly the kings of Egypt cultivated more immediately this duty; convinced that on this depended not only the ease and comfort of individuals, but the happiness of the state; which would be a herd of robbers rather than a kingdom, should the weak be unprotected, and the powerful enabled by their riches and influence to commit crimes with impunity.

Thirty judges were selected out of the principal cities, to form a body for dispensing justice through the whole kingdom. The prince, in filling these vacancies, chose such as were most renowned for their honesty; and put at their head, him who was most distinguished for his knowledge and love of the laws, and was had in the most universal esteem. They had revenues assigned them, to the end that, being freed from domestic cares, they might devote their whole time to the execution of the laws. Thus honourably maintained by the generosity of the prince, they administered gratuitously to the people, that justice to which they have a natural right, and which ought to be equally open to all; and, in some sense, to the poor more than the rich, because the latter find a support within themselves; whereas the very condition of the former exposes them more to injuries, and therefore calls louder for the protection of the laws. To guard against surprise, affairs were transacted by writing in the assemblies of these judges. That false eloquence was dreaded, which dazzles the mind, and moves the passions. Truth could not be expressed with too much plainness, as it alone was to have the sway in judgments; because in that alone the rich and poor, the powerful and weak, the learned and the ignorant, were to find relief and security. The president of this senate wore a collar of gold set with precious stones, at which hung a figure represented blind, this being called the emblem of truth. When the president put this collar on, it was understood as a signal to enter upon business. He touched the party with it who was to gain his cause, and this was the form of passing sentence.

The most excellent circumstance in the laws of the Egyptians, was, that every individual, from his infancy, was nurtured [pg 028] in the strictest observance of them. A new custom in Egypt was a kind of miracle.325 All things there ran in the old channel; and the exactness with which little matters were adhered to, preserved those of more importance; and consequently no nation ever retained their laws and customs longer than the Egyptians.

Wilful murder was punished with death,326 whatever might be the condition of the murdered person, whether he was free-born or otherwise. In this the humanity and equity of the Egyptians were superior to that of the Romans, who gave the master an absolute power of life and death over his slave. The emperor Adrian, indeed, abolished this law; from an opinion, that an abuse of this nature ought to be reformed, let its antiquity or authority be ever so great.

Perjury was also punished with death,327 because that crime attacks both the gods, whose majesty is trampled upon by invoking their name to a false oath, and men, by breaking the strongest tie of human society, viz. sincerity and veracity.

The false accuser was condemned to undergo the punishment which the person accused was to have suffered, had the accusation been proved.328

He who had neglected or refused to save a man's life when attacked, if it was in his power to assist him, was punished as rigorously as the assassin:329 but if the unfortunate person could not be succoured, the offender was at least to be impeached; and penalties were decreed for any neglect of this kind. Thus the subjects were a guard and protection to one another; and the whole body of the community united against the designs of the bad.

No man was allowed to be useless to the state;330 but every one was obliged to enter his name and place of abode in a public register, that remained in the hands of the magistrate, and to describe his profession, and his means of support. If he gave a false account of himself, he was immediately put to death.

To prevent borrowing of money, the parent of sloth, [pg 029] frauds, and chicane, king Asychis made a very judicious law.331 The wisest and best regulated states, as Athens and Rome, ever found insuperable difficulties, in contriving a just medium, to restrain, on one hand, the cruelty of the creditor in the exaction of his loan; and on the other, the knavery of the debtor, who refused or neglected to pay his debts. Now Egypt took a wise course on this occasion; and, without doing any injury to the personal liberty of its inhabitants, or ruining their families, pursued the debtor with incessant fears of infamy in case he were dishonest. No man was permitted to borrow money without pawning to the creditor the body of his father, which every Egyptian embalmed with great care; and kept reverentially in his house, (as will be observed in the sequel,) and therefore might be easily moved from one place to another. But it was equally impious and infamous not to redeem soon so precious a pledge; and he who died without having discharged this duty, was deprived of the customary honours paid to the dead.332

Diodorus remarks an error committed by some of the Grecian legislators.333 They forbid, for instance, the taking away (to satisfy debts) the horses, ploughs, and other implements of husbandry employed by peasants; judging it inhuman to reduce, by this security, these poor men to an impossibility of discharging their debts, and getting their bread: but, at the same time, they permitted the creditor to imprison the peasants themselves, who alone were capable of using these implements, which exposed them to the same inconveniences, and at the same time deprived the government of persons who belong, and are necessary, to it; who labour for the public emolument, and over whose person no private man has any right.

Polygamy was allowed in Egypt, except to the priests, who could marry but one woman.334 Whatever was the condition of the woman, whether she was free or a slave, her children were deemed free and legitimate.

[pg 030] One custom that was practised in Egypt, shows the profound darkness into which such nations as were most celebrated for their wisdom have been plunged; and this is the marriage of brothers with their sisters, which was not only authorized by the laws, but even, in some measure, originated from their religion, from the example and practice of such of their gods as had been the most anciently and universally adored in Egypt, that is, Osiris and Isis.335

A very great respect was there paid to old age.336 The young were obliged to rise up for the old; and on every occasion, to resign to them the most honourable seat. The Spartans borrowed this law from the Egyptians.

The virtue in the highest esteem among the Egyptians, was gratitude. The glory which has been given them of being the most grateful of all men, shows that they were the best formed of any nation for social life. Benefits are the band of concord, both public and private. He who acknowledges favours, loves to confer them; and in banishing ingratitude, the pleasure of doing good remains so pure and engaging, that it is impossible for a man to be insensible of it. But it was particularly towards their kings that the Egyptians prided themselves on evincing their gratitude. They honoured them whilst living, as so many visible representations of the Deity; and after their death lamented for them as the fathers of their country. These sentiments of respect and tenderness proceeded from a strong persuasion, that the Divinity himself had placed them upon the throne, as he distinguished them so greatly from all other mortals; and that kings bore the most noble characteristics of the Supreme Being, as the power and will of doing good to others were united in their persons.