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The Oxyrhynchus Papyri, Vol. 6, edited by Bernard P. Grenfell and Arthur S. Hunt (London: Egypt Exploration Fund, 1908)
Documents of the Roman and Byzantine Periods:
Legal documents and petitions: Nos. 888-904 (AD 123 - 7th century AD) [1][2]
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No. 888. Edict of a Praefect, and a Petition. Frag.b: 9.2 x 14.9 cm. Late 3rd or Early 4th c.AD (p.202)
A petition to the exegetes of the Oxyrhynchite nome, with which is here
coupled the Small Oasis, from two persons, one of whom was a woman (cf.
note on |. 9), concerning the guardianship of the children of their
dead sister. Only the first two or three lines of this document remain
and its purport is unknown; the interest of the papyrus lies in the
fact that prefixed to the mutilated petition is a copy of an edict,
dated in the year AD 287, of the praefect Flavius Valerius (p.203)
Pompeianus, relating to the appointment of guardians for orphan minors.
This ordinance directs that magistrates empowered to make such appointments
... should do so in all cases where orphans were without guardians,
since absence of the latter led to much delay in business in which
orphans were involved. The question here arises, what magistrates were
competent to appoint guardians? According to the lex Julia et Titia,
passed in 31 BC, this right was in the provinces vested in the
praefects, and that that enactment continued in force in the third
century AD is shown by No. 720, where it is expressly named (AD 247).
In practice, however, the praefect of Egypt is seldom found exercising
his power, which was delegated to subordinate officials, and in
particular to the ἐξηγηταί, who, as in No. 888, are the persons most
commonly invoked in connexion with the guardianship of minors; as in B.G.U. 1070, in which a woman supplies to the exegetes the name of a man suitable for the guardianship of her children. From P. Amh.
85 and 86, which are applications addressed to the exegetes for leases
of land belonging to orphans, it would appear that this magistrate was
actually responsible to some extent for the proper management of
property of that class. Perhaps the praefect was principally appealed
to when the parties concerned came from different nomes, or when one or
other of them happened to be residing outside his own nome, and the
local magistrates were consequently unable to act.
... In No. 487 the γραμματεὺς πόλεως is stated to have assigned a
guardian to certain minors, and the epistrategus is requested to direct
the strategus to give orders that the γραμματεύς should substitute
another person. In some instances no doubt the strategus may be
supposed to be acting merely as the temporary delegate of the superior
authority ; but a more general competence to deal with such matters is
proved, for Oxyrhynchus at any rate, by No. 56, where an application by
a woman for a κύριος is addressed to the exegetes because the
deputy-strategus was absent, and No. 898..., where a strategus orders
the guardian of a minor to be changed. A new date is supplied by this
papyrus for the praefecture of Pompeianus, who is shown to have been in
office in Oct. 287 AD, while from P.Amh. 137 he is known to have been still praefect in July 289 AD.
translation from Greek:
1. Copy of Edict:
"Proclamation of his excellency Flavius Valerius Pompeianus, praefect of Egypt.
Orphans for whom no guardians have been assigned shall have guardians
in accordance with their age created for them by those competent to
make the appointment ...; for it will thus result that they receive
proper attention, whereas at present much business concerning orphans
and depending upon their guardians is delayed because the orphans are
unattended by tutores or curatores [1]. The 4th which =the 3rd year of
our lords the Augusti Diocletianus and Maximianus, Phaophi... Published
in Oxyrhynchus on the 27th of the same month Phaophi."
2. Petition fragment:
"To..., exegetes in office of the Oxyrhynchite nome and the Small Oasis
[2], senator of the illustrious and most illustrious city of
Oxyrhynchus, from .... and Apollonia [3], both children of
Origenes and Thaésis, of the illustrious and most illustrious city of
Oxyrhynchus. We were given the guardianship of our nephews (or nieces),
the children of our dead sister .. . daughter of Origenes, of the said
city..."
notes: (p.205)
1. tutores or curatores: ‘ guardians corresponding to the age of the
orphans,’ i.e. tutores for those below the age of puberty (14 years),
curatores for those under 25 years. κηδεμών is here used as a wider
term including both tutores and curatores... The distinction between
tutor and curator is not infrequently lost sight of in provincial
documents of this period, but no such confusion would be expected,...
in an official proclamation....
2. The Small Oasis (Bahriyeh) ... would naturally,for administrative
purposes, be combined with the Oxyrhynchite nome, to the west of which
it lies; cf. No. 485, where the implication is that persons living in
the Oasis were under the jurisdiction of the Oxyrhynchite strategus.
3. The petitioners were either brother and sister, or else two sisters;
in the former case, which is the more probable, they perhaps also stood
in the relation of husband and wife. In any case the passage provides
another instance of female guardianship, which has already been
attested for peregrind by No. 495, and for Roman citizens by P.Tebt. 378; cf. Wenger, Zeztschr. f. Savigny-Stiflung,
28, p. 305'. Various instances in the papyri prove the possibility of a
mother acting as guardian to her children (cf. e.g. No. 898.), and the
guardianship of mothers and grandmothers was eventually admitted by the
later Roman law ; but that of women not so related to the ward was at
no period legalized.
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No. 890. Letter to a Strategus. 20.2 x 14.7 cm. 3rd century AD. (p.207)
An incomplete letter from the prytanis of the local boule
at Oxyrhynchus to the strategus, giving a list of persons who owed
money to the municipal treasury. Apparently these sums were to be
collected by the agents of the imperial government and to be balanced
against moneys owing to the imperial from the municipal exchequer.
Translation from Greek: (p.208)
"Lucius Septimius Aurelius Sarapion also called Apolinarius, and
however I am styled, prytanis in office of Oxyrhynchus, to his dearest
Aurelius Leonides, strategus, greeting. A written list of those from
whom are to be exacted the sums which they owe to the city, and which
are to be used in payment of moneys payable from the account of the
city, is hereby given you in order that there may be no hindrance in
collecting the revenues of the most sacred Treasury. They are
Aurelius..., Aurelius Apollonius, and Aurelius Domitianus, all three
sons of Sarapion also called . . ., ex-agoranomus, 400 drachmae.. ."
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No.891. Apportionment of Duties to an Exegetes. 11.8 x6.7 cm. AD 294 (p.208)
A letter from the boule of Oxyrhynchus to an exegetes, acquainting him
with the fact that he had been chosen to act in his official capacity
during part of the month of Epeiph as superintendent or president in
the discharge of certain duties, the nature of which is uncertain , the
expenses being borne in common by the whole body of exegetae. The
papyrus is written in a small very flowing cursive, and the surface is
much damaged in several places.
Translation from Greek: (p.209)
"In the consulship of Valerius Constantius and Valerius Maximianus, the
most renowned Caesars, The most high senate of the illustrious and most
illustrious city of Oxyrhynchus through Aurelius Cornelianus . . .,
prytanis in office, to their dearest Ptoleminus also called Sarmates,
exegetes, greeting. An exegetes being required for the... of Epeiph up
to the 17th, it was decided that you should preside, while the expenses
should be paid by the whole body of those belonging to the order. This
letter is accordingly sent to you, dear friend, for your information,
We pray for your health, dear friend."
Notes:
The writing is much obliterated in these lines, but on palaeographical
grounds the papyrus can hardly be later than Diocletian’s reign, and
that the Caesars are Constantius and Galerius is, we think, certain.
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No. 892. Appointment of a Superintendent of Works. 24.2 x 13.8 cm. AD 338. (p.210)
A letter from the logistes of the nome to a member of the boule at
Oxyrhynchus, informing him that he had been appointed by that body to
superintend the supply of wood required in building a public bath and a
gate. Though written in a formal cursive hand the letter is only a
rough draft, which has been subjected to correction, especially towards
the end. The words added between the lines are more cursively written
than the body of the document, but the hand seems to be the same ...
[as that] the original scribe [see note 2]. On the verso is a
list of names preceded by a heading in two lines, the writing being
much effaced. Apparently the individuals in question were sent to the
Arsinoite nome to meet some charge.
Translation from Greek: (p.211)
"Flavius Eusebius [1], logistes of the Oxyrhynchite nome, to Aurelius
Pasion, son of Horion, senator of the said city, his... brother,
greeting. Know that by the instructions of the most high senate of the
city conveyed through the prytanis in office, Aurelius Nepotianus, you
have been chosen to (provide) the timber required for the... bath, and
also for the construction of the north gate of the city; and you are
hereby instructed, brother, to take charge of the work, and with all
speed to get the timber cut and delivered, so that there may be no
fraud in connexion with the public bath and the municipal work. In the
consulship of Flavius Ursus and Flavius Polemius the most illustrious,
Tubi 18." [2]
notes:
1. Flavius Eusebius occurs also in 85 and 86. 6. Cf. C. P. Herm. 83.
2. Some words .... have lines drawn through or above them, indicating
deletion, but [certain words] at any rate cannot be spared. Apparently
the corrector, whether identical or not with the original scribe (cf.
introd.), at first cancelled these words, intending to rewrite the
sentence entirely, but changed his mind and merely added what was
required to restore the sense of the passage.
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No.893. Judicial Sentence. 12.5 x 34 cm. Late 6th or 7th century AD (p.211)
The extraordinary grammar of this document makes it difficult to
construe, though its general purport is fairly clear. It isa decision
or enactment ... pronounced by three meizones
(cf. No. 900) of a village concerning some dispute, of which no details
are given, between Marcus, another meizon, and Marinus. The latter, who
was apparently the plaintiff, is declared to have the right of imposing
upon Marcus, acting through his daughter Sophia, a formal affidavit, in
which perjury would have serious consequences; and (p.212) Marcus would
then be free from further proceedings. If Marinus declined to conduct
an investigation by means of the proposed affidavit he was to be
debarred from taking other steps in the matter.
The writing is across the fibres of the papyrus.
translation from Greek: (p.212)
"By the sentence of the honourable men Pamuthius, official, son of ...,
and Paniren, of official rank, son of John, and Apollos, of official
rank, son of Phoebammon, of the village of Apollo, in respect of
Marcus, of official rank, and Marinus, tow-merchant: Marinus has power
to make inquiry by means of the divine oath through Sophia, daughter of
the said Marcus, of official rank, and after the inquiry by means of
the divine oath through the said Sophia Marinus shall have no ground of
complaint on any matter of any kind whatsoever. Written on the 29th of
the month Pauni, the sixth hour of the day. It is manifest on the other
hand that, if the said Marinus refuses to make inquiry by means of the
divine oath through the said Sophia, Marinus shall have no ground of
complaint on any matter of any kind whatsoever, and Marcus is free of
him as though he were declared so by sentence."
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No. 894. Latin Declaration of Birth. 9.4 x 10.8 cm. AD 194-6. Plate VI. (p.213)
Declarations of the birth of children are of frequent occurrence among
Egyptian papyri, but these have always related to peregrini and until
recently there has been no example of such a declaration made by a
Roman Citizen. Two years ago, however, the omission was supplied by
some wax tablets in the Cairo Museum published by S. de Ricci, among
which is a certificated copy, taken from an official register, of a
declaration of birth made by a Roman in the year AD 148 (Nouv. Revue Hist., 1906, p. 483; cf. Archiv, IV. p. 252).
The formula of these tablets, which are in Latin, falls into four
sections: (1) Names of seven witnesses. (2) Date (2) by Roman consuls
and month, (6) by Emperor and Egyptian months ..... Here three
chief points are clear: the declaration was made in the Latin language,
it was made at Alexandria, and to the praefect of Egypt.
A fragment of a tablet in the Bodleian Library has been recognized by Wilcken (Archiv,
IV. p. 267) as part of a similar Latin declaration. Another
instance has now come to light in the following papyrus (No.894), which
is later in date by some two generations. In the meantime according to
the statement of Julius Capitolinus, Vzta Marci, 9. 7-9, the
formalities of registration had been regulated by Marcus Aurelius, who
ordered that declarations of birth should be made within 30 days of the
event at Rome to the pracfecti aerarit Saturni, in the provinces to
certain tabularii publici.
We should therefore be prepared (p.214) to find in a registration of a
date subsequent to this regulation some features distinguishing it from
one of the reign of Antoninus. As a matter of fact, however, these
distinguishing features do not occur. Our papyrus shows the same three
essential points as the Cairo tablets: the declaration was made at
Alexandria, and to the praefect, and the certificate is drawn up in
Latin, though followed by the signature of the declaring party in
Greek. The tabulari publici, whatever that vague term may signify, do
not appear....
The scarcity of dated specimens of Latin cursive makes this papyrus
palaeo- graphically valuable. It is written in a clear and good-sized
hand with occasional division of words.... On the verso are traces of
ink which seem to be more than blottings, but the writing is too much
effaced for decipherment ; it is probably Latin, perhaps figures.
Translation from Latin: (p.214)
"In the . . . year of the Emperor Caesar Lucius Septimius Severus Pius
Pertinax Augustus Arabicus Adiabenicus, in the month. .., at Alexandria
on the coast of Egypt, before Marcus Ulpius Primianus [1], praefect of
Egypt... . has declared a son, named ... nus, born to him and Ulpia
Sabina on the 16th ...., being an inhabitant (?) of Oxyrhynchus.
(Signed) I,..., declare that a son has been born to me...."
Notes:
1. M. Ulpius Primianus is the only praefect with a name ending in
-ianus who is (p.894) known in the sole reign of Severus, and though
the list is not certainly complete the three praefects who held office
during this short period cover it quite sufficiently. There is
therefore good ground for identifying the praefect of the papyrus with
Primianus, whose name occurs in two inscriptions, C.I.G. 4863. iv of AD 194-5 and C.I.L. III. 51 of Feb. 24, 196 AD, and in B.G.U. 973. 6 (undated). Mantennius Sabinus was still praefect on April 21, 194 AD (Archiv, II. p. 447, no. 77), and Aemilius Saturninus had entered office before July 11, 197 AD (B.G.U. 15. ii. 1). The limits of Primianus’ praefecture are thus from the second to the fifth years of Severus.
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No. 895. Return of Village-Accounts. 19 x 15.4 cm. AD 305. (p.215)
A statement rendered to the logistes of the nome by two comarchs of the
village of Tampeti, of the village-accounts for two months. Most of its
details are lost through the mutilation of the papyrus. The report was
required in consequence of an order of the praefect (cf. e. g. P. Tebt.
336) Clodius Culcianus, for whose period of office a new date is
supplied ; cf. note on 1. 8. The document has been joined to another
return of a similar character, of which only the beginnings of the
first eleven lines are preserved; Σαδάλου occurs apparently as a
village name. On the verso at right angles to the writing on the recto
are the ends of nine lines, apparently of an account of judicial
proceedings.
Translation from Greek: (p.216)
"In the consulship of our lords Constantius and Maximianus [1], most
renowned Caesars, for the fifth time. To Aurelius Seuthes also
called Horion, logistes of the Oxyrhynchite nome, from Aurelius Sakaon
son of Petiris, and Aurelius Psois son of Patabes, both comarchs of the
village of Tampeti. In reply to your request in the present 21st which
= the 13th year, in accordance with the order of his excellency the
praefect Clodius Culcianus [2], for the village-accounts of our village
in the two months Pharmouthi and Pachon, we, regarding this as a
necessary duty, present them for your information, as follows :—For the
price of papyrus and writing-materials ... of three workmen sent to
Babylon 120 drachmae ; for the price of papyrus and writing-materials.
.. of one workman sent to... 1[. .] drachmae; total together 2|.
.|drachmae... "
Notes:
1. The years are those of Diocletian and the Caesars Constantius and
Maximianus, the year of the emperor Maximianus being omitted; cf. e.g.
the date in No. 71.
2. Clodius Culcianus is mentioned as praefect in Feb., AD 303, in
No.71. The present passage proves him to have been still in office at
the end of May, AD 305.
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No. 896. Reports to a Logistes. 251 x 34 cm. AD 316. (p.217)
These two reports addressed to the logistes Valerius Ammonianus belong
to the same series as No.58, which was sent to the same official and is
dated in the same year. The first of them, which is numbered at the top
127, is also closely connected with No. 58 in subject. It is an
estimate of the probable expense of painting certain specified parts of
some public baths which were in course of repair; and these repairs
were also the occasion of the report contained in No.58. Some new
technical terms occur in the description of the work stated to be
necessary. This is followed by a medical report, similar to No.51-2,
No. 476, B.G.U. 647, (cf. 988), upon an official in the service of the
governor of the province Aegyptus Herculia (cf. note 1 below). The
doctors certify that the person in question, who was perhaps suspected
of malingering, was suffering from a mild attack of fever.
translation from Greek: (p.218)
Report 1:
“Τὸ Valerius Ammonianus also called Gerontius, logistes of the
Oxyrhynchite nome, from Aurelius Artemidorus son of Arsinoiis, of the
illustrious and most illustrious city of Oxyrhynchus, a painter by
profession. In reply to the request of your grace for an inspection of
the places requiring painting in the public bath of the said city now
auspiciously under repair at the warm baths of Trajanus Hadrianus, I
hereby declare that for the painting of the parts requiring it—of the
two cold water conductors, and one vapour-bath, and the entrances and
exits of the entire colonnade, and four passages round the vapour-bath
in the outer colonnade, and the other places—there is required for cost
of paint ... thousand denarii of silver, and of the... painting of the
whole work ten thousand denarii of silver ; which I therefore report.
The consulship of Caecinius Sabinus and (p.218) Vettius Rufinus the
most illustrious, . . . (Signed) I, Aurelius Artemidorus, have
presented the report. I, Aurelius... on wrote for him, being
illiterate."
Report 2:
"To Valerius Ammonianus also called Gerontius, logistes of the
Oxyrhynchite nome, from the Aurelii Heron son of... and Didymus son of
Dioscorus, both of the illustrious and most illustrious city of
Oxyrhynchus, public physicians. We were sent by you to-day, Pharmouthi
6, in consequence of a petition delivered to you by Apollonius, officer
of Aurelius Antonius governor of Aegyptus Herculia [1], to go to the
house in the said city and inspect this person, and to make a written
report upon the condition in which we found him. Having therefore
proceeded thither we saw the man himself lying on a bed seized with a
slight ... fever; which we accordingly report." Date and signature of
the two physicians.
Notes:
1. Aegyptus Jovia, Aegyptus Herculia, and Thebais were the three
provinces of Egypt according to the reorganization of Diocletian. It
was supposed by Mommsen (434A. d. Berl. Akad., 1862, p. 500), whose
view has been generally followed, that Aegyptus Jovia consisted of the
western, Aegyptus Herculia of the eastern, portions of lower Egypt, the
latter coinciding with the province afterwards called Augustamnica; but
the intrinsically more probable hypothesis of C. Jullian (Rev. Hist.
xix. p. 357) that Aegyptus Jovia was the Delta and Aegyptus Herculia
corresponded to the Heptanomis with the Arsinoite nome, is supported,
as the editors notice, by a papyrus published by Collinet and Jouguet
in Archiv, III. pp. 339 sqq., and receives fresh confirmation from No.
896. Mommsen’s theory, however, might be reconciled with these two
documents by transposing Aegyptus Herculia to the west bank.
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No. 897. Declaration to Riparii. 16.5 x 12.6 cm. AD 346. [p.219)
A declaration on oath addressed to two riparii of the Oxyrhynchite nome
by four inhabitants of a village, denying all knowledge of the
whereabouts of a certain individual whom they had been ordered to
produce. On the riparii, who were police-officers, see No. 904, note.
The papyrus is nearly complete; the missing termination probably
contained only the signatures.
Translation from Greek: (p.220)
"In the consulship of our masters Constantius for the fourth time and
Constans for the third time, the Augusti. To Flavius Eulogius and
Flavius Dionysarius, riparii of the Oxyrhynchite nome, from Aurelius
Amois son of Horus, and Aurelius Patapis son of Paésius, and Aurelius
Sarmates the elder, and Aurelius Papnutius son of Paésius, all from the
village of Ision Zapitou [1]. Your grace required us to search out and
produce Choous son of Heracleus, supposed to belong to our village. We
therefore declare on the august divine oath by our masters the Augusti
that Choous is no longer at our village, and that we do not know where
he is, and that we have made no false statement, under pain of becoming
liable to the consequences of the divine oath..."
Notes:
1. Ision Zapitou: The name of this village is new.
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No. 898. Petition to an Acting-Strategus 23.3 x 8 cm. AD 123. (p.221)
A petition to Hermodorus (cf. No. 714), basilicogrammateus and
acting-strategus, from Didymus, a minor, complaining of fraud on the
part of his mother Matrina in her capacity as his guardian. It is
alleged that Matrina, after various acts of bad faith, had obtained
possession of a deed belonging to Didymus and demanded in exchange for
it a document absolving her from all claims in connexion with the
guardianship.
Translation from Greek: (p.222)
"To Hermodorus, basilicogrammateus and deputy-strategus [1], from
Didymus son of Dionysius also called Phatres, of the city of
Oxyrhynchus. .My mother Matrina, daughter of Heracleus also called
Matreus, who is my guardian and by whom I am much injured, has ended by
beguiling me and causing me to go to the Oasis, and to draw up with
Dioscorus, the husband of her freedwoman and her confidant, a ... of
one and a half talents of silver, and to mortgage all my property in
the Oasis [2] in return for a deed of release received from Dioscorus.
On my return to the Oxyrhynchite nome with Dioscorus she watched for an
opportunity of asking me for the deed [3], and after obtaining
possession of it, being conscious of the theft of much of my property,
she refuses to acknowledge having it, and demands in return a receipt
for her guardianship, thinking by this means to escape the consequences
of her misdeeds. This she has done notwithstanding the fact that
Philonicus the strategus has decided, in accordance with a report of
proceedings, that another person should be appointed as my guardian,
distrusting both her and my own youth. Besides this she has failed to
supply my allowance [4] for the last three months, using every means of
oppressing me so as to render me incapable of proceeding against her.
For all these reasons Iam obliged to present this petition, and beg
that it may be registered, and that you will take whatever steps you
think best. The seventh year of the Emperor Caesar Trajanus Hadrianus
Augustus, Pauni 29."
Notes:
1. Philonicus was the name of the strategus.
2. The Small Oasis (Bahriyeh).
3. γράμματα ἀπερισπάστου : i.e. a deed of indemnification
4. The allowance of Didymus was probably fixed by his father’s will.
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No. 899. Petition of Apollonarion. 35.3 X 25.3 cm. AD 200. [p,222]
The recto of this papyrus consists of a copy of a petition from a woman
called Apollonarion, claiming on the score of her sex to be released
from the responsibility of cultivating various plots of Crown land in
the Oxyrhynchite nome. That women were legally exempt from the
obligation to undertake this duty was known from B.G.U. 648. ....
The petition of Apollonarion is dated at the end Thoth 1 of the 9th
year of an emperor, who from the reference in line 10 to to the
praefect Aemilius Saturninus must be Septimius Severus: it was a very
elaborate and composite document, giving apparently the history of her
case ffom the beginning, and quoting both her own previous petitions
and various official correspondence in connexion with them.
Since the papyrus contains only the concluding portion of the document,
one or more preceding columns being lost, and what remains is in far
from perfect condition, it is difficult to trace fully the whole
complicated narrative, but the general outline of Apollonarion’s
proceedings is fairly clear. Her first step was to send the petition
which occupies lines 2-32. In this she explained the nature of her
liabilities in connexion with the cultivation of Crown land (lines 3-8)
and the difficulties into which she had fallen (lines. 8-14), and
requested that she, as a woman, might be released from the obligations
and her place taken by men (lines 14—20).
In support of her claim she appended an account of a similar
application made in court in AD 154 by a woman, which after the recital
of earlier precedents created by two praefects and an epistrategus was
decided in the applicant’s favour (lines 20-32). The name and rank of
the official to whom this initial petition was addressed are lost, but
lines 9-10 show that he was not the praefect, and lines 16-17 that he
was above the strategus...
Probably the dioecetes was addressed, his name being Flavius Studiosus,
as appears from a contemporary document on the verso. In answer to
Apollonarion the dioecetes wrote a letter, apparently to the acting
strategus of the nome, at the same time enclosing a copy of her
petition.... Concerning the contents of the dioecetes’ letter, it is
clear both from Apollonarion’s reference to it in a later petition
.... and from the terms in which it is spoken of by the acting
strategus lines 37-38 that the dioecetes admitted the justice (p.224)
of Apollonarion’s claims.
The next step, as appears from lines 37-38, was for Apollonarion to
write a petition to the acting strategus, Ammonianus, enclosing the
letter of the dioecetes and her original petition, and no doubt asking
him to give the necessary instructions to the local officials of the
different villages to remove her name from the list of cultivators.
This petition to the acting strategus must have been presented between
Phamenoth 6 and Pachon 27 of the 7th year, for on the latter day
Ammonianus wrote to the comogrammateis of the villages concerned the
letter contained in lines 36-39, enclosing a copy of Apollonarion’s
petition to himself, the letter of the dioecetes and the original
petition, and ordering an inquiry into the facts to be held and a
report to be made.
So far the negotiations seem to have proceeded smoothly, but at this
point a hitch occurred; for in Tubi of the 8th year (i.e. eight months
later than Ammonianus’ letter to the comogrammateis) Apollonarion
addressed a second petition to the dioecetes, of which the conclusion
is extant in lines 40-45.... In this second petition Apollonarion began
by quoting the dioecetes’ letter in answer to her first petition, and
the first petition itself (Il. 2-23), then recounted the action of
Ammonianus (ll 33-9), and ended by asking the dioecetes to give
stricter instructions to the new strategus (whose name is shown by one
of the documents on the verso to be Diophant[es]), so that pressure
might be applied to the local village authorities to carry out the
previous orders of the dioecetes and to release her.
The second petition of Apollonarion to the dioecetes .... [resulted in]
a report, probably supplied by the various como-grammateis, giving the
situations and descriptions of Apollonarion’s holdings and the names of
the previous cultivators. Probably it was sent to the dioecetes by
Apollonarion along with her second petition to him, and was also
included by him in his reply. That this reply was, like the earlier
one, favourable to Apollonarion is clear from the context, .... but
though the [p.225] second petition was written in Tubi the reply had
not taken effect by the end of the year, for on Thoth 1 of the 9th year
Apollonarion sent off yet another petition, addressed, as we think, to
the strategus.
In this she began by citing the whole dossier, which by this time
comprised the second letter of the dioecetes, the ἀναγραφή, and her own
second petition with all its enclosures, and concluded lines 46-50 with
the usual request that the local officials should be instructed to
release her from liabilities. Of this petition to the strategus we take
the papyrus to be a copy, and, if so, the beginning of this third
petition of which the end remains in lines 46-50 was the actual
beginning of the papyrus.
Translation from Greek: (p.229)
"To his highness the dioecetes Flavius Studiosus from Apollonarion also
called Aristandra, daughter of Aristander, her mother being Didyma
daughter of .. ., of Oxyrhynchus. ... (I am lessee of) 20 arourae near
the metropolis, . arourae at Chusis in the pastures of Dionysias, ...
110 arourae at Ision Panga, 384 arourae at Seruphis, and... arourae at
Senekeleu and... As long as I had the power I cultivated these and
(paid) the taxes, but since it has been my fate as the result both of
the extra levies ordained... by his excellency the praefect Aemilius
Saturninus [1] and of other causes .. . to have perforce spent nearly
all the year on them, not only being hard pressed . . . but also in
consequence (having sacrificed) both my household stock, my private
ornaments, and... and a large quantity of other property worth a
considerable amount for quite a small sum..., I am hence reduced to
extreme poverty."
"For which reason, in order that I may not become a wanderer ., ., as I
have only ...to live on, I present this petition, and entreat you (to
pity) my fate, and release me from the cultivation of the aforesaid
lands, and to write to the strategus of the Oxyrhynchite nome
instructions that the official in each village shall provide for the
cultivation being performed by others; for men are the persons suitable
for undertaking the cultivation, as you yourself, my lord, ... owing to
your innate kindness, I have appended ... in order that I may be
completely benefited through you. Farewell."
"The 18th year of the deified Aelius Antoninus, Thoth .., in the case
of ... etis daughter of Ptollion: Saturninus, advocate, said, 'Ptollion
the father of my client was appointed (to cultivate) Crown and public
land at the villages of Busiris, Thinteris, and ... in the
Heracleopolite nome. He died leaving her as his heir, and since the
comogrammateis of these villages are imposing upon her the obligation
to cultivate her father’s land in defiance of the regulations
forbidding this, and it has been decided by praefects and epistrategi
from time to time that women are not to be forced to undertake this
duty, she too requests, citing these judgements, that she may be
released from the cultivation, which pertains only to men.'
"Parmenion [2] said, 'Let the judgements upon such cases be read.'
There were read a decree (p.230) of Tiberius Alexander in the 2nd
year of Galba, forbidding women to be made cultivators, and a decision
of Valerius Eudaemon to the same effect in the 5th year of Antoninus,
and another of Minicius Corellianus, epistrategus in the roth year of
Antoninus Caesar the lord; whereupon Parmenion said, 'In accordance
with the judgements which have been read, Tathun ... has the right to
be released from the cultivation... , and other cultivators ought to be
appointed for the land in her stead.' I, Apollonarion also called
Aristandra, have presented this petition. Signed, the 7th year,
Phamenoth 6."
"So far the copy of the letter and the petition; acting in accordance
with which the basilicogrammateus of the nome and deputy-strategus
Ammonianus wrote instructions to the officials of the villages where
the lands are situated as follows: Ammonianus, basilicogrammateus and
deputy-strategus, to the comogrammateus of Chusis and those of the
other villages. I send you a copy of the petition presented to me by
Apollonarion also called Aristandra, to which is joined a letter of his
highness the dioecetes, and also a petition concerning the cultivation
for which she declared herself not to be liable, in order that you may,
in accordance with the judgements on the subject, hold an inquiry and
report to me. Signed, the 7th year, Pachon 27."
"The change in appointment of other cultivators ought accordingly to
take place in conformity with your letter, and the rents should be
exacted from the former cultivators; I therefore entreat you, if it
please your Fortune, to command that stricter instructions be written
to the present strategus of the nome to compel the officials to make
the change in accordance with the orders which they have received, and
the collectors to exact the dues from the cultivators who claim the
land, and not to harass me, a woman without a husband or helper,
following your previous instructions in this matter, that I may obtain
relief. Farewell."
"Presented by me, Apollonarion also called Aristandra. The 8th year, Tubi 1. Signed."
"Signed by me Aufidius Ammonius. Thus far the petition, the list, and
the letter; in accordance with which I entreat you to instruct the
local officials to make the change in the appointment as claimed by me,
and the collectors to exact the dues from the proper persons [3]. The
9th year, Thoth 1."
"Presented by me Apollonarion also called Aristandra, daughter of Aristander."
"I, Cornelius son of Pekusis, have been appointed her guardian."
"I, ...s, assistant, have brought the petition. The gth year, Thoth 1."
Notes:
1. Aemilius Saturninus is known from B.G.U. 15.ii.1,
a letter from him to the strategi of the Heptanomis written on Epeiph
17 of the 5th year. His official rank was not there given, but ... that
he was praefect is now confirmed by the present passage and No. 916,
where he is mentioned as praefect in Pauni of the 6th year.
2. Parmenion, the presiding judge, cannot have been praefect, for on
Thoth 1 of the 18th year of Antoninus .... that office was held by
Sempronius Liberalis. ... Perhaps he was epistrategus of the
Heptanomis, but that view is open to the objection that in Choiak of
the 20th year the epistrategus was Statilius Maximus, while B.G.U.
340, an undated petition to him, refers to events in the 12th year, so
that Statilius Maximus may have been already in office in the 18th
year.
3. Apparently the previous cultivators were to be made responsible for the land leased by Apollonarion.
_______________________________________________________________
No. 900. Petition to a Logistes. 24.3 x 16 cm. AD 322. (p.232)
A petition to Dioscurides, the same logistes who issued the
proclamation about the gymnastic display in No. 42, from a functionary
who had been nominated as an annual superintendent of the express-post,
and who here complains of the failure of certain donkey-drivers to
support him in carrying out his duties. It is badly put together, in
spite of the comparatively high position of the writer. The year of the
sixth consulate of Licinius Augustus and the second of Licinius Caesar,
in which the papyrus is dated (cf. No. 42), is still disputed.
Translation from Greek: (p.233)
"In the consulship of our masters Licinius Augustus for the sixth time
and Licinius the most renowned Caesar for the second time,... To
Valerius Dioscurides also called Julianus, logistes of the Oxyrhynchite
nome, from Aurelius Dioscorus son of Silvanus, ex-magistrate and
senator of the illustrious and most illustrious city of Oxyrhynchus,
Being already the administrator of the imperial patrimonial estates [1]
in the tenth pagus of this nome, I have besides been nominated as
contractor for the express-post for the year auspiciously approaching.
It was accordingly incumbent on those who customarily discharge such
services on behalf of the annual nominees to this office, to render
obedience to me who have been entrusted with so many public burdens,
and to discharge their customary services, for which their expenses are
provided. But whereas I learn that these persons are desirous of acting
fraudulently in respect of these important and unavoidable functions,
some by absenting themselves, and others by deception, and since the
period before entering upon this duty has become short, I therefore
hasten to present this petition,
requesting that the said donkey-drivers, Faustus, Horus, and Chaereas,
be compelled to retain and to provide everything for the functions
pertaining to the contract which they were wont yearly to fulfil, in
obedience to the annual contractors, so that I may with their
assistance perform the function entrusted to me, and not be reduced to
appeal to the officials upon this matter. (Endorsed) Concerning a case
of fraud: in the consulship aforesaid, Mesore 6. (Signed) Presented by
me, Aurelius Dioscorus,"
Note:
1. The patrimonalia (πατριμωνάλια)
are the properties belonging to the imperial patrimonium, which in
Egypt in the Roman period were usually called οὐσιακά. The occurrence
of the term patrimonalia in the fourth century is noticeable.
_______________________________________________________________
No. 901. Petition to a Public Advocate 15x12 cm. AD 336. (p.234)
This document like 902 is addressed to an official occupying the
position of ἔκδικος or defensor (cf. 902, note 1), though in this case
as a deputy. It is a complaint of a woman against a neighbour arising
out of a chase after her pigs which had got loose; but the details of
the story are lost owing to the mutilation of the papyrus. On the verso
are a few letters which apparently have no relation to the petition on
the recto.
translation from Greek: (p.235)
"In the consulship of Vibius (?) Nepotianus and Tettius Facundus the
most illustrious, Pachon 6. To Flavius Julianus, deputy-advocate of the
Oxyrhynchite nome, from Aurelia Allous daughter of Thonius of the
village of Taampemou [1] in the fifth pagus. In the evening time of
yesterday our two pigs made a rush into our piece of land, and got into
the channel of the water-machine of our children and a certain Pabanus,
of the said village. The aforesaid Pabanus happening to be by, and
having in his hands a stick, wished to (catch) the pigs and (remove
them) from the place. He had not been in the least injured by the pigs,
but full of ... against them, because they had overrun me, wishing to.
. .(I know not how?) unless from some madness..."
notes:
1. The village of Taampemou (Τααμπέμου) is also mentioned in No. 501. .
_______________________________________________________________
902. Petition to a Public Advocate. 31.5 x 39 cm. ca. AD 465. (p.236)
A petition to a defensor (ἔκδικος) of Cynopolis from a cultivator,
complaining of oppression and wrongful imprisonment by a member of the
senate. According to his own statement the petitioner would seem to
have been treated with extreme harshness ; but it is likely from his
repeated offer .... to pay any debt which could be established against
him, that right was not entirely on one side. A difficulty arises
regarding the date of the papyrus; cf. note 2.
translation from Greek: (p.237)
"To Flavius Isaac, most learned advocate and defensor [1] of the upper
quarter of Cynopolis, from Aurelius Macarius, son of Joseph, of the
said city. In the past I was appointed irrigator and cultivator of real
property on the estate of Phoebammon, of blessed memory, member of the
council. After his death his brother Theodorus entered upon the
management of his property, and tyrannously seized eight fine beasts
out of my kine; he also sent and had me unjustly carried off to prison
three months ago, in consequence of which the remainder of my kine have
died of hunger. This he has done in spite of my readiness to pay, if
written proof of any debt to him can be produced. Therefore, since
advocates have been devised in the cities for the purpose of lending
assistance to the oppressed—and I have been reduced to complete ruin
and the extremity of hunger through the aforesaid member of the
council—I present this petition to your wisdom, begging you to order
him to (p.238) be summoned, first of all bringing about the restoration
to me by his excellency of my kine which he tyrannously seized, in the
same good condition in which they then were ; and for the rest
directing that what seems good to your wisdom should be done, and that
I be released from my bonds, since I am ready, as aforesaid, to
discharge any debt secured in writing. For the perpetrators of
injustice are hateful to the laws, most learned lord advocate. (Signed)
I, Aurelius Macarius, son of Joseph, presented this petition. The year
after the consulship of the most illustrious Flavius Vivianus for the
second time, and of the consul whose name is to be declared, Athur 24."
[2]
Notes:
1. These ἔκδικοι are the defensores civitatis who from the year AD 365
appear as regularly constituted authorities in the provincial towns (Cod.Just.1.55; Cod. Theod.
1.29). They were elected by the body of the citizens, the decurions
being ineligible, and held office originally for five years, but after
the time of Justinian only for two. Scholastici are expressly named in Cod. Theod.
1. 29. 2 among the classes suitable for the appointment. The defensores
had a limited jurisdiction in civil cases and in minor criminal
matters; their chief function was, as described in lines 10-11 of the
papyrus, to protect citizens from oppression and injustice. The
Scholastici were advocates employed in defending cases and similar
legal work, such as drawing up petitions; cf. Cod. Theod.8.10.2, where they are coupled with officcales, and their avarice is censured:
2. This date is singular, for the order of the words must imply that
Vivianus had been consul for the second time, whereas his only recorded
consulship is that in AD 463 (when his partner was Caecina Basilius,
or, according to Marcellinus, Felix), and the lists show no blanks in
the years preceding and following that year, to which period without
doubt the papyrus belongs.
_______________________________________________________________
No. 903. Accusation against a husband. 27.2 x 21.6 cm. 4th c. AD (p.238)
This singular document is an elaborate indictment of a husband by his
wife, who gives a circumstantial account of the former’s violent or
insulting behaviour, extending over a considerable period of time. The
two, whose names are not mentioned, seem to have been a young couple,
united originally by an dypagos γάμος (p.239), and subsequently by a
regular contract (Il. 17-8) ; but in neither condition could they
succeed in living on terms of harmony. The present document, which is
unaddressed, was presumably a kind of affidavit used in proceedings
taken against the husband ; it is written in vulgar Greek, and in an
irregular uncial hand, the letters of the first two lines being much
enlarged. The occurrence of the word πολιτική in 1. 37 is of special
interest in connexion with the much-discussed Epistle of Psenosiris;
cf. note ad loc. On the verso are a few lines of shorthand in two
columns.
translation from Greek: (p.240)
"Concerning all the insults uttered by him against me. He shut up his
own slaves and mine with my foster-daughters and his agent and son for
seven whole days in his cellars, having insulted his slaves and my
slave Zoé and half killed them with blows, and he applied fire to my
foster-daughters, having stripped them quite naked, which is contrary
to the laws. He also said to the same foster-daughters, ‘ Give up all
that is hers,' and they said, 'She has nothing with us'; and to the
slaves when they were being beaten he said, 'What did she take from my
house?' and they under torture said, 'She has taken nothing of yours,
but all your property is safe.' "
"Zoilus went to see him because he had shut up his foster-son, and he
said to him, 'Have you come on account of your foster-son or of such a
woman, to talk about her?' He swore in the presence of the bishops and
of his own brothers, 'Hence-forward I will not hide all my keys from
her (he trusted his slaves but would not trust me); I will stop and not
insult her.' Whereupon a marriage deed was made, and after this
agreement and his oaths, he again hid the keys from me; and when I had
gone out to the church at Sambatho he had the outside doors shut on me,
saying, 'Why did you go to the church?' and using many terms of abuse
to my face, and through his nose. [1]"
"There were 100 artabae of corn due to the State on my account of which
he paid nothing, not a single artaba. He obtained possession of the
books, and shut them up saying, 'Pay the price of the hundred artabae'
having himself paid nothing, as I stated before and he said to
his slaves, 'Provide helpers, to shut her up also.' Choous his
assistant was carried off to prison, and Euthalamus gave security for
him which was insufficient, so I took a little more and gave it for the
said Choous. When I met him at Antinodpolis having my bathing-bag [1]
with my ornaments, he said to me, 'I shall take anything you have with
you on account of the security which you gave to my assistant Choous
for his dues to the State.'"
"To all this his mother will bear witness. He also persisted in vexing
my soul about his slave Anilla, both at Antinodpolis and here, saying,
'Send away this slave, for she knows how much she has possessed herself
of,' probably wanting to get me involved, and on this pretext to take
away whatever I have myself. But I refused to send her away, and he
kept saying, ' A month hence I will take a mistress.' God knows this is
true."
notes:
1. Speaking through the nose aggravated the insult; cf. naso suspendere, etc. In Persius 1.
2. the article meant seems to be some kind of handbag which was carried
by a lady in going to the bath, and would hold trinkets and similar
objects.
_______________________________________________________________
904. Petition to a
Praeses. 31.3 x 88.5 cm. 5th c.
AD. (p.241)
A petition addressed to an unnamed praeses (of the Thebaid) by a
certain Flavius, who had consented to act as substitute for Philoxenus
in the post of riparius, a
police official (cf. note 2). Philoxenus had undertaken to provide
Flavius with the requisite staff of helpers and indemnity in case of
accident, but had failed to fulfil his bond; and Flavius, who had been
subjected to much indignity and even violence in the performance of his
duties, now prays that he may be released from them and the original
holder made responsible. The petition is cast in a stilted and
rhetorical style; the handwriting is an exceptionally large, formal
cursive.
translation from Greek: (p.242)
"From Flavius. The purity of your righteous judgement will surely pity
me, an old man who has suffered a breach of covenant and mockery at the
hands of Philoxenus, the devoted magistrianus
[1]. He gave me his word on oath, and promised that he would surely
fulfil without any reminding every requirement for the office of riparius
[2], providing for my support both servants and assistants and others
whose duty it would be to undertake the guarding of the city; and not
only so, but he promised that.if anything extraordinary happened, he
would himself make up the loss to those who suffered injury, and also
that he would set right everything connected with this office. But all
this he has evaded, paying no attention to my unfortunate self, who am
daily suspended by ropes and have my body belaboured with blows, and
possess no brother, no relative, no son to sympathize with me, so that
at last the very breath of my life is in danger. Accordingly I make my
entreaties to your highness that I should be released from so grievous
an office, and that the original holder should be compelled to finish
it either himself or through some other person, as I renounce (p.243)
it, being unable to endure any longer an office so severe and onerous,
in order that having gained my request I may bless the impartial ears
of your highness, our most noble lord praeses."
Notes:
1. The magistriani were the agentes in rebus in the service of the magister officiorum, and were employed as messengers or representatives in the provinces; cf. Cod.Theod. 6. 27, Cod. Just. 12. 20
2. That the riparius, who first appears in the fourth century AD, was
primarily a police official appears clearly from line 4, where ...is
mentioned the sphere of duties of his assistants, and the other
evidence is in accordance with this. ... Petitions to riparii
concerning cases of assault are extant in P.Cairo 10269 and P. Leipzig 37, and in No. 897 they are found engaged in the search for offenders. ...
Footnotes:
1. [Editor's Note:] The original textual commentaries and notes provided by Grenfell and Hunt on
passages in Greek, and on some bibliographic references, have
frequently been abbreviated or omitted, if not essential to
understanding the content of the papyri documents. Any such omissions
are marked with "....", and any added words needed for clarity are
placed between brackets [ ]. These elisions are separate from those
used by Grenfell and Hunt in the translated text, which have not been
altered.
2. [Editor's Note:] References to all other papyri from the Oxyrhynchus
collections are given with their sequential number as "No. xx".
Abbreviations to other papyri collections and standard historical
references used by Grenfell and Hunt include the following:
Archiv.= Archiv fur Papyrusforschung.
B.G.U. = Aeg. Urkunden aus den K. Museum zu Berlin, Griechische Urkunden.
C.I.G. = Corpus Inscriptionum Graecarum
C.I.L. = Corpus Inscriptionum Latinarum
Cod. Just.= Codex Justianus
Cod. Theod.= Codex Theodosianus
C.P.R. = Corpus Papyrorum Raineri, by C. Wessely.
Marcellinus =The late Roman historian Ammianus Marcellinus.
P. Amh. = The Amherst Papyri (Greek), Vols. I-II, by B.P.Grenfell and A.S.Hunt.
P. Brit.Mus. = Greek papyri in the British Museum, vol.I-II by F.G. Kenyon.
P. Cairo = Catalog of the Greek Papyri in the Cairo Museum,by Grenfell & Hunt.
P.
Grenf. = Greek Papyri, Ser. 1 by B.P. Grenfell, and Ser. II by Grenfell and Hunt
P. Hibeh = The Hibeh Papyri by B.P Grenfell and A.S. Hunt
P. Leipzig = Griechische Urkunden der Papyrussammlung zu Leipzig by I Mitteis.
P. Leyden = Papyri Graeci Musei Antiquarii Lugduni-Batavi, by C. Leemans.
P. Tebt. = The Tebtunis Papyri, by B.P. Grenfell, A.S. Hunt, et al.
Perseus = the satirical ancient Roman playwright Perseus.
Wilcken, Ost. = Griechische Ostraka, by U. Wilcken.
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