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The Oxyrhynchus Papyri, Vol. 14, edited by Bernard P. Grenfell and Arthur S. Hunt (London: Egypt Exploration Fund, 1920)
Contracts and property sales: Nos. 1626-1636 (73 BC - AD 353) [1] [2]
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No. 1626. Payment for Superintendence of Transport. 26.7 x 15 cm. AD 325 (p.1)
An agreement between the decani, i.e. chief guards of some kind of the village of Paneuei, and a superintendent (epimeletes), for him to act as rabdouchos in charge of animals sent to Babylon in connexion with an anticipated visit of an Emperor (Theia epidamia). For the payment of the salary of the epimeletes, which was at the rate of 2,000 drachmae a day, the meizon
of the village becomes surety, two months' pay being provided in
advance. The papyrus stands in close relation to No.1261, written 4 1/2
months earlier, an acknowledgement on oath by an epimeletes, who is probably identical with the epimeletes
in 1626, concerning produce transported to Babylon partly on account of
the troops, partly on account of an epidamia, which in the light of
1626 is to be referred to an emperor, not, as suggested in 1261, to a
catholicus. That Constantine himself actually came to Egypt in AD 325,
the year of the Council of Nicaea, is not recorded by the authorities
for the period, and is improbable, but his presence may well have been
expected. That Thea epidamia refers not to Constantine himself but to
one of his sons, who did not become Augusti till AD 337, is unlikely.
No.1626 is a palimpsest, the original document, which was much shorter, having been effaced.
Translation from Greek: (pp.2-3)
"Aurelius Alois son of Choous and Aur. Heracles son of Pudens and their
associates, all decani from the village of Paneuei, with their surety
for payment of the pay found to have accrued, Ptolemaeus son of
Ptolemaeus, headman (meizon)
[1] of the said village, and Aur. Heraclides son of Scylacius,
superintendent of animals which are being sent to Babylon for the
Imperial visit, jointly agree, the decani that they have contracted
with the superintendent for him to fill the single post of rabdouchos
of the said animals from the 8th of the present month of Pauni, the
superintendent receiving from the decani as pay 2,000 drachmae a day.
And the superintendent forthwith acknowledges that he has received from
the decani as two months' pay dating from the said 8th day 20 talents
of silver, and shall receive from the said decani the sums found to
have accrued up to the termination of his duties as superintendent, and
that I, Ptolemaeus, am to provide the salary found to have accrued, in
order to make the decani free from any trouble, annoyance, or loss in
all matters pertaining to the said office of rabdouchos. This contract,
written in duplicate, is valid, and in answer to the formal quesdon
they gave their consent. In the consulship of Paulinus and Julianus
[p.3] the most illustrious, Pauni I." Signatures of the two decani and
Ptolemaeus, all written by the last-named.
notes:
1. This is the earliest example of the use of meizon,
which is common in the sixth to eighth centuries AD, to denote a
particular village-official as distinct from a 'higher' official in
general (e.g. in P.Brit.Mus. 214 and 900); cf. Wilcken, Chr.134.int.
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No. 1627. Appointment to a Liturgy. 23.3 X 10.7 cm. AD 342. (p.3)
This papyrus throws an interesting light on the method of appointment
to public duties. Usually persons were appointed, whether by the senate
or by an official, to some definite liturgy; but in the present case a
citizen of Oxyrhynchus and his son had been selected to perform an
unspecified liturgy for eight months, and they make a contract with the
sustatas,the official in question, whereby in return for receiving a
very light duty, i.e. that of guarding the temple of Thoeris, they
agree to perform it for a whole year. The body of the contract seems to
have been drawn up by the agent of a professional writer of contracts,
who appends his signature.
Translation from Greek: (pp.4-5)
"In the consulship of our lords Constantius for the 3rd time and
Constans for the 2nd time, the Augusti, Mesore 19. Aurelius Apphous son
of Pathermouthius, of the illustrious and most illustrious city of
Oxyrhynchus, to Aur. Diogenes son of Sarapion, delegate of appointments
[1] in the said city for the tribe now undertaking public duties,
greeting. Whereas in the coming year an eight months' period [2] of
public duty is selected for me and my son Thonius, and we requested you
to assign to us a very light duty, that is to say, the guarding of the
temple of Thoeris [3], you owing to your clemency to us and confidence
in us agreed to this proposal, and we for our part acknowledge
ourselves bound as an equal recompence and favour to carry out a whole
year's service in the post of chief guard of the said temple of Thoeris
[4] in place of 8 months. And for your security I have issued to you
this contract, which shall be valid, and in answer to the formal
question have given my consent." Signatures of Aur. Apphous and
Diogenes, the writer of the contract.
1. Delegate (sustatas): This official is only known from 4th century Oxyrhynchus papyri, being perhaps identical with the phularches of the 3rd century. for his functions in connection with appointments to liturgies see Nos. 86, 1116, 1509, P. Flor.39.
2. Many liturgies were for a year, and for in particular there is
reason to believe that a year was the normal period of ...Shorter
periods for liturgies are, however, also attested... where payments
occur for 3 or 2 months' work by ergatai for whom the village was
responsible, though it is possible that these payments represent
instalments of a longer period of work.
3. A priest of Thoeris in AD 339 is mentioned in P.S.I. 215. This
hippopotamus -goddess was identified at Oxyrhynchus with Athena; cf.
No. 1117.
4. No. 43 verso shows that soon after AD 295 there were 7 guards in
this temple besides 1 outside it; the corresponding figures at the
Serapeum (ii. 5-13) were 6 and 1, while the Iseum was smaller,
requiring only 1 and 1.
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No. 1628. Lease of Catoecic Land. 15.3x 14 cm. 73 BC. Plate I. (p.5)
The present volume makes several additions (Nos. 1628, 1635,1644; cf.
1639) to the scanty number of documents dated in the last two reigns of
the Ptolemaic dynasty, which have been represented hitherto, so far as
Oxyrhynchus is (p.6) concerned, by No.236 (fragments of
protocols) and P.S.I. 549 (translation of a demotic contract concerning
service).
No.1628 is a lease of part of a cleruch (klaros) at the village of Sepho from a catoecic cavalry (katoikos hippeus)
to a Persian of the epigone for one year. Both parties belonged to the
aguia Kleopatras Aphrodites at Oxyrhynchus, which is mentioned in other
papyri of this period. The formula is in general similar to that of
P.Tebt.106 (101 BC), Oxy.277 (19 BC), and Oxy 1124 (AD 26), but
presents some peculiarities .... Probably the earliest extant instance
of Klaroi [cleruchs] with
permanent names occurs in it. The end of the lease with the signatures
of the six witnesses (cf. P.Tebt.106 and Oxy. 1644) is missing. The day
of the month has, as is usual in late Ptolemaic contracts from
Oxyrhynchus, been inserted by a second hand, which has made a few other
alterations in the text. The papyrus had been glued to another contract
of which a few letters are preserved. Oxy.1629 is another lease of
catoecic land with practically the same formula, written 29 years later
but less complete.
Fig.1: Oxy 1628: Lease of Catoecic Land (Plae I).
Translation from Greek: (p.7)
"In the reign of Ptolemy and Cleopatra also called Tryphaena, gods
Philopatores Philadelphi, the 9th year, and the rest of the formula as
written at Alexandria, the 15th of the month Apellaeus which = Phaophi,
at Oxyrhynchus in the Thebaid. Sarapion son of Apollonius, Macedonian
of the catoecic cavalry [1], has leased to Apollonius also called Pan .
. . son of Ischyrion also called Nechthenibis, Persian of the epigone,
both parties being from the street of Cleopatra Aphrodite [2], from his
holding the 15 arourae owned by him near Sepho [3] for the 9th year, on
condition that the lessee may sow the 3 arourae in the holding of
Diodes with wheat, and of the 12 arourae in the holding of Philon half
with barley and the other half with lentils, at a rent of 4 artabae for
each aroura in accordance with the survey of the land assigned for
sowing with corn. And Apollonius acknowledges that he has received from
Sarapion for seed and the other expenses of sowing without interest 7
1/2 artabae of barley and 7 1/2 art. of lentils [4], and for clearing
the land from rushes 1,500 drachmae of copper, which are not repayable,
all free from risk and not subject to any kind of risk. And with regard
to the rent, if apart from taxes any demand is made upon Apollonius for
the government or for any other purpose whatever on account of Sarapion
or the land, the amount shall be deducted from the rent and Sarapion
shall retain the ownership of the crops until he receives the rent and
... . "
Notes:
1. Five of the catoecic cavalry (Katoikoi hippeis) are Macedonians, and
in the later Ptolemaic period Macedonians and Persians outnumber other
nationalities among cleruchs. Diokleous and Philonos kleros seem
to be the earliest instances of catoecic cleruchs with permanent names
(without proteron) derived from previous owners.
2. The street of Cleopatra Aphrodite, which may have been named afier a temple,
..... was no doubt at Oxyrhynchus; cf. Nos.1629 and 1644. The goddess
must have been Tryphaena or one of her predecessors, not Cleopatra VI.
3. Sepho: a village in the Thmoisepho toparchy; cf. No 1659.
4. 15 arourae (arouras dekapente): in the later Ptolemaic period the
cleruch of catoecoi tended to be much smaller than the 100 arourae
which they usually owned in the third century BC.....
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No. 1629. Lease of Catoecic Land. 10.5 x 15.7 cm. 44 BC. Plate I. (p.8)
The first part of a lease of a cleruch of thirty arourae (triakontarouros kleros) by a catoecic cavalry (kaatoikos hippeus)
to a Persian for one year, corresponding closely to Oxy.1628, but less
complete. It was written on Epeiph 37 of the 8th year of Cleopatra and
Ptolemy, gods Philopatores (July 26, B.C. 44), and is the first
Egyptian record to mention Cleopatra VI in association with Ptolemy XV.
The statement of (p.9) Porphyry that a separate reckoning of this
king's years was employed is not confirmed, and the papyrus throws some
light on the date of his death.
Translation from Greek: (p.9)
"In the 8th year of the reign of Cleopatra [1] and Ptolemy, gods
Philopatores, and the rest of the formula as written at Alexandria, the
27th of the month Gorpiaeus which = Epeiph, at Oxyrhynchus in the
Thebaid. Theon son of Theon, of the catoecic cavalry, has leased to
Apollonius also called Harbichis, son of Apollonius also called
Harbichis, Persian of the epigone, both being from the street of
Cleopatra Aphrodite, the holding of 30 arourae which belongs to him at
Paimis [2], on condition that Apollonius shall sow half of it for the
9th year with wheat and cultivate the other half with aracus, at a rent
for each aroura sown with wheat of 6 artabae of hard wheat, unmixed
with barley, and for each sown with aracus likewise [.] artabae of hard
wheat, unmixed with barley. And Apollonius acknowledges that he has
received from Theon for seed . . . "
Fig.2: Oxy 1629. Lease of Catoecic Land (Plate 1).
Notes:
1) The extant Greek datings which mention Cleopatra Philopator by name
all belong to the period when she was associated with Ptolemy
Caesarion, Philopator Philometor; cf. O.G.I.194 and 1635. I (year
lost), P.S.I.549 and Lefebvre, Melanges Holleaux (both in the 11th
year); Lefebvre, Annales du Serv. des Antiq. 1908. 241 is undated.
According to Porphyry (ap. Euseb. Chron. ed. Schone, i.168-70) in years
1-4 of her reign she was associated with Ptolemy XIV, and in years 5-8
with Ptolemy XV, these corresponding to his years 1-4, while during the
8th-15th years she reigned alone, and her 16th-22nd years corresponded
to years 1-7 (of Antony.?; cf. Oxy.1453). That Porphyry was wrong in
assigning a double reckoning by regnal years to the period of
association with Ptolemy XV had already been inferred from the
existence of a coin dated (etous) Z Kleopatras Basilisses (Poole,
Catal. p. 122) and demotic stelae of the 5th and 6th years; cf. Strack,
Dynastie der Ptol. 212.
Oxy.1629 not only provides the first definite piece of evidence for the
application of the title Philopator to Ptolemy XV, and additional
evidence for the use of a single reckoning [p.10] by regnal years
during the period of his association with Cleopatra, but indicates that
the death of the king was not known at Oxyrhynchus on July 26, 44 BC.
Concerning the precise date and circumstances of that event there has
hitherto been no clear evidence.
Josephus (Ant.Jud.xv.4.i)
states that Ptolemy XV was poisoned at the age of 15 by Cleopatra, and
Porphyry l.c. attributes his death Tais Kleopatras apatous in his 4th
and her 8th year, i.e. 45-44 BC. Mahaffy (Empire of the Ptol. 463) and
Bouche-Leclercq (Hist. des Lagides, ii. 227) suppose that he perished
at Rome in the confusion attending the assassination of Caesar on March
15, 44 BC, especially as Cicero (Ad Att. xiv.8) on April 15 refers to
the flight of Cleopatra, and on May 11 (Ad Att. xiv.20) mentions the
queen and her son Caesar, but says nothing in either place about her
brother.
Cassius Dio, who mentions the presence of Ptolemy XV with Cleopatra at
Rome (xliii. 27), seems to imply (xlviii. 24) that he was put to death
with Arsinoe by Antony, i.e. in 41 BC; but according to Appian,
Bell.Civ.v.9, the Ptolemy who was put to death with Arsinoe claimed to
be Ptolemy XIV, having escaped from drowning in the Nile.
That Ptolemy XV returned to Egypt with Cleopatra was supposed by Stahr
(Cleopatra 56), but without any evidence, as is remarked by
Bouche-Leclercq, l.c. Since Cleopatra left Rome not more than two or
three weeks after March 15, 44 BC, she presumably reached Egypt some
weeks before July 26, and if Ptolemy XV died at Rome before his
sister's departure, the news would on the whole be expected to have
reached Oxyrhynchus by the date of Oxy.1629 [July 26], although in the
Roman period instances occur of papyri dated by an emperor who had been
dead for as many as five months ; cf. Hohmann, Chronol.d.Papyrusurli.50
sqq. We are therefore disposed to date the death of Ptolemy XV later
than March of 44 BC, and to place it in Egypt rather than Rome, though
allowance has to be made for the circumstance that the figure (27) of
the month in 1. 3 is a later insertion, and the protocol may have been
drawn up early in Epeiph, which in 44 BC began on June 30.
2) Paimis is a village in the Western toparchy; cf. 1659. 41. Mr.
Crum refers us to Lemm, Iberica, 1906, pp.5 and 13, where it is stated
that the body of James, the Persian martyr, was brought to Egypt to "a
little chorion some 5 stadia on the east of Pemje (Oxyrhynchus), named
Paim in the Egyptian tongue". If the geographical indication is
correct, the Western toparchy reached to within a kilometre of
Oxyrhynchus.
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No. 1630. Lease of Land at an Increased Rent. 18 x 18.8 cm. AD 222 (?) (p.10)
Of this novel application from a certain Heron for a lease of land, at
a higher rent than that previously offered by himself and others, the
upper portion is lost besides the beginnings of lines, and it does not
appear to whom the document was addressed. The mention of various bids
(aireseis) and the general tenor of most of the application, which
resembles a petition to an official, rather suggest that the land in
question belonged to the government; but the contrary view that it
belonged to a private individual is strongly indicated, first by the
concluding words ha epidocha kuria,
which occur in private contracts .... secondly by the apparent
reference in 1.3 to Claudia Isidora as the existing owner of the land.
Probably therefore the application was made to her representative, who
may have been an epitropos or oikonomos
(cf.P.Ryl.171). If lines 2-4 are restored on the right lines, Heron had
sub-leased Claudia Isidora's land situated in the (Small) Oasis from
two of her lessees.
From line 4 onwards the narrative becomes clear. Heron had begun the
sowing for the current year when two individuals whom he was employing
in connexion with the agriculture offered to pay 200 drachmae a year
more as rent. Heron made no objection to surrendering his lease to
them, provided that he recovered the expenses which he had already
incurred. To assert his claim he brought an action before the
strategus, and after a logothesia was awarded 3 talents 400 drachmae.
This sum, however, his opponents failed to pay, and in order to bring
matters to a head Heron by the present application offered 1,552
drachmae a year more than they, making the whole rent 1 talent 3,000
(?) drachmae.
This bid was accepted by the representative of the land-owner, the
intermediate lessees being apparently ignored, just as they seem to be
in the negotiations between hypomisthotai of ousiake ge and government
officials in B.G.U. 1047 (131). As Rostowzew, who has discussed the
Berlin papyrus in Gesch.d.Rom. Kolonates 183 sqq., remarks, the
management of Claudia Isidora's estates, which probably constituted a
large private ousia like that of M. Antonius Pallas in P.Brit.Mus.1323,
and perhaps that of Claudia Athenais in P.Strassb.78, seems to have
been conducted on a system which differed from that applying to
ordinary ge idioktetos. and
approximated to that employed in regard to State ousiai. The provision
of a surety (lines 18-19) is an unusual feature in a lease of private
land in the Roman period, but is known from P.Iand.30 to have existed
in connexion with the leasing of ge demosia.
The papyrus belongs to the early third century AD, probably to the
reign of Elagabalus. It seems to be a draft, several alterations in
lines 15-18 having been made in a small hand which is probably distinct
from that of the original scribe, though the latter supplied me which
was omitted at first in 1ine 14.
Translation from Greek: (p.13)
" ... (When) I leased from Ptolemaeus [1] also called Astoparison and
Ammonius also called Heraclius from the corn-land in the Oasis [2]
which is the property of Claudia Isidora [3] .... arourae which they
have on lease from her, carrying out the sowing of the said land for
the present year and providing the local cultivators with both seed and
expenses, through envy of my operations Hermogenes son of Petenephotes
and Isidorus son of ... , whom I humanely (helped) in the management of
the business, providing them with necessaries, offered in the bid which
they presented to pay 200 drachmae a year more, one of them, Isidorus,
using a false name, . . . genes. This bid from them I welcomed, and
being desirous neither to suffer nor to cause any trouble I claimed to
recover from them the loan which they had received from me and other
expenses, being subjected as regards them to a reckoning of accounts
between us and certain honourable persons as the result of a
confrontation before the strategus of the nome, the sum in question
being 3 talents 400 drachmae. But as they pay no attention to me and
even failed to appear before the court . . ., I offer against their bid
to pay 1,552 dr. a year more, making the whole annual rent I tal. 3,000
dr., the stipulations laid down in their said bid being preserved as
regards the . . . and period stated in their bid and all its
provisions. I, Aurelius Sarapodorus, am surety for the aforesaid Heron
in respect of both the payment of rent and care of operations, and in
answer to the formal question we gave our consent. This offer of lease
is valid. The 5th year, Tubi 30."
notes:
1. Ptolemaeus might be a father's name, in which case a father's name
would become necessary at the beginning of line 3, where the
restoration is in any case somewhat uncertain.
2. The Small Oasis was joined to the Oxyrhynchite nome for administrative
purposes at this period; cf. No.1439.
3. Another Claudia Isadora who may have belonged to the same family,
may be the same individual who made a dedication at Coptos in the reign
of Domitian (SB. 4961). The occurrence of many women of high rank
owning estates in Egypt in the Roman period is noticeable; cf. Claudia
Athenais (1. 4, n.), Norbana Clara (P.Brit.Mus. 1213-15; cf. Archiv v.
543), and Flavia Epimache (P.Tebt. 402.
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No. 1631. Contract for Labour in a Vineyard and Lease of a Fruit-Garden. 23.8 x 19.9 cm. AD 280. (p.15)
This interesting contract is in the form of an application to Aurelius
Serenus also called Sarapion, who is known from other papyri, from
three persons, who offer to continue for a year the lease of (1) the ampeloupirgola erga of
a vineyard and adjacent reed-plantation in return for a payment in
money, corn, and wine,(2) the produce of the older part of the
vineyard, which contained palms and other fruit-trees, and for which a
rent in fruit is paid, undertaking (3) to supply the labour required
for a fruit-garden near the vineyard without any extra payment. The
concluding provisions are those of an ordinary lease of vine- or
garden-land.
Arrangements for the performance of ampelourgika erga
are usual in leases of vineyards (Oxy.729, P.Amh.91, Flor.84,369,
Brit.Mus.163, C.P.R.244,Giessen 56, Hamb.23, Cairo Masp.67104,
SB.4481-2,4486,4774); but for the leasing of the erga as such the only
other instance is Oxy.1692, which closely resembles Oxy.1631, but was
written a century earlier and is incomplete. B.G.U. 1122 (13 BC), which
is now in the light of the two Oxyrhynchus papyri more intelligible
(cf.line 7,n.), is an eklepsis of vine-land somewhat resembling a misthosis ergon,
but is concerned with planting of new vines, while in Oxy.1631 and 1692
the vines were already yielding wine. .... With the section concerning
the lease of palms and fruit-trees cf. Oxy.1632, B.G.U.591, 603-4, 862,
II 18-20, C.P. R.45, Flor.16, Hamb.5, Ryl.172, P.S.I.33, Cairo
Masp.67100,67170, SB.4483,4485.
The long lists of operations in Oxy.1631.9-18 and Oxy.1692.10-25,
arranged mainly in chronological order from Hathur 1 (Oct. 28) onwards
throughout the year, are much more elaborate than any which have been
previously found in papyri, and include several new technical terms and
usages. The custom of allowing vines to grow on the ground, which
Pliny, Nat.Hist.xvii.185, attributes to Egypt amongst other countries,
is not exemplified, reeds being employed as supports, on which subject
the two papyri usefully supplement the information given by Oxy.729 and
B.G.U.1122. The list in Oxy.1631 begins with the gathering of the
reeds, arrangements for their disposition, pruning the vines, cleaning
up the vineyard, propagation of new vines, digging of various kinds,
and employment of the reeds (lines 9-12), all these being winter
operations. The spring and summer operations of other kinds of digging,
removal of shoots and leaves, trenching the reed-plantation,
irrigation, weeding, banking up, preparation of jars, follow in lines
12-16. For the gathering of the vintage, and pressing of the grapes the
landlord seems to have been responsible, the remainder of the list
(lines 16-18) being concerned with autumnal operations connected with
wine-making. The list in Oxy.1692 is largely identical, but offers some
variations in order and occasionally supplements the statements of
Oxy.1631, from which 1692 diverges in line 20, where it becomes
mutilated. ....
Translation from Greek: (pp.18-19)
"To Aurelius Serenus also called Sarapion [1], son of Agathinus and
Taposirias, of the illustrious and most illustrious city of
Oxyrhynchus, from the Aurelii Ctistus son of Rufus and Dionysia, and
his son Ptolemaeus, whose mother is Tauris, both of the illustrious and
most illustrious city of Oxyrhynchus, and Peloius son of Heracleus and
Tapontheus, of the village of Tanais [2]. We voluntarily undertake to
lease for one year more from Hathur 1 of the present 6th (?) year all
the vine-tending operations in the vineyard owned by you in the area of
the village of Tanais and the adjoining reed-plantation, whatever be
the extent of each, a half share being assigned to us, the party of
Aur. Ctistus, and the remaining half to me, Peloius, which operations
are, concerning the vineyard, plucking of reeds, collection and
transport of them, proper cutting of wood, making into bundles and
binding, pruning (?), transport of leaves and throwing them outside the
mud-walls, planting as many vine-stems as are necessary, digging,
hoeing round the vines and surrounding them with trenches, you, the
landlord, being responsible for the arrangement of the reeds and we for
rendering you assistance in this, we being responsible for the
remaining operations after those mentioned above, consisting of
breaking up the ground, picking off shoots, keeping the vines well
tended, disposition of them, removal (?) of shoots,, needful thinnings
of foliage ; and concerning the reed-plantations, digging up both
reed-plantations, watering, and continual weeding ; and further we
agree to superintend together with you in the vineyard and the (p.19)
reed-plantation [3] the asses which bring earth, in order that the
earth may be thrown in the proper places, and we will perform the
testing of the jars employed for the wine, and will put these, when
they have been filled with wine, in the open-air shed, and oil them,
move them, and strain the wine from one jar into another, and watch
over them as long as they are stored in the open-air shed, the pay for
all the aforesaid operations being 4,500 drachmae of silver, 10 artabae
of wheat, and 4 jars of wine at the vat, which payments we are to
receive in instalments according to the progress of the operations."
"And we likewise undertake to lease for i year the produce of the
date-palms and all the fruit-trees which are in the old vineyard, for
which we will pay as a special rent 1 1/2 artabae of fresh dates, 1 1/2
art. of pressed dates, 1 1/2 art. of walnut-dates, 1/2 art. of black
olives, 500 selected peaches, 15 citrons, 400 summer figs before the
inundation, 500 winter figs, 4 large white fat melons."
"Moreover we will in consideration of the aforesaid wages likewise (?)
plough the adjoining fruit-garden on the south of the vineyard,
and will do the irrigation, weeding, and all the other operations
required from season to season, only the arrangement of reeds [3] in it
and the strewing of earth being done by you, the landlord, the rent
being secured against all risks. If our undertaking is guaranteed to
us, we will perform all the operations from season to season concerning
the vineyard, fruit-garden, and reed-plantation at the proper times and
to your satisfaction, with the concurrence of your agents in
everything, and we will pay the special rent at the proper season
without delay, and at the end of the period deliver the land leased to
us under cultivation, well cared for by our operations, and free from
rushes, weeds and all coarse grass, you having the right of execution
upon us, who are mutual securities for the payment of the rent, as is
fitting. This undertaking is valid, and in answer to the formal
question we gave our consent. The 6th (.?) year of the Emperor Caesar
Marcus Aurelius Probus Persicus Maximus Gothicus Maximus Pius Felix
Augustus, Choiak 25." Signature of the lessees written by Tiberius
Claudius Horion, and title.
Notes:
1. Aurelius Serenus also called Sarapion: Other mentions of him in
contracts from AD 249 to 279 are 1209. 8, 1276. 3, 1558. 8, 1633. 2,
1636. i, 1646. 8, 1689. i, 1699. 3, 1713. i.
2. Tinais: this village was in the Mesa Toparchia; cf.Oxy.1659, 64.
3. For the cultivation of reeds in connexion with a vineyard cf. Geop.
V. 53, where a chapter concludes a book devoted to vinegrowing; Pliny,
Nat. hist. xvii. 141 sqq.; 729. 3-5, 22-7, a lease of a coupled with a;
1692. 8-9; . Brit. Mus. 1 63. 2 2 (lease of a vineyard) ; B.G.U. 865.
15 . On the employment of reeds as supports of the vines, see No. 729.
Reed cultivation of course used for other purposes than those
connected with the cultivation of vines, e. g. for making pens, and in
the weaving industry (P. Tebt. 413. ir, 414. 14), and in connexion with
a fruit-garden (1. 27).
______________________________________________________________
No. 1632. Lease of a Palm-Grove. 22.5 x 10.5cm. AD 353 (p.25)
An application, incomplete at the end, made in 353 AD to a senator of
Oxyrhynchus for the lease of a palm-grove for one year at a rent of
8,000 talents. A list of Roman and Byzantine leases of palm-groves and
gardens has been given in Oxy.1631; the formula of Oxy.1632, which is
the only fourth-century specimen of its class and is not very correctly
written, is mainly parallel to that of the nearly contemporary
applications for leases of other kinds of land in the Oxyrhynchite
nome, Oxy.102, P.S.I.90,316,469.
The chief interest of the papyrus lies in the mention of "the
current 47th, 29th, 2nd year", which has an important bearing on the
question of the eras employed from the 4th to 7th centuries AD at
Oxyrhynchus for dating purposes in preference to indictions, which were
commonly thought sufficient elsewhere in Egypt. The evidence of
Oxy.1632 has already been taken into consideration in the discussion of
those eras in Oxy.1431; but fresh evidence has thrown much new light on
the matter, which is rediscussed in detail in line 9. The 47th year can
now be recognized as an era dating from the accession of Constantine I,
who became Caesar in AD 306. This era is simply a continuation of his
ordinary regnal years for sixteen years after his death, and is
parallel to the continuation of the datings by the era of the kratesis
Kaisaros (which coincided with the regnal years of Augustus) into the
reign of Tiberius. The 29th and 2nd years have nothing [p.26]to do with
eras, but refer to the reigning sovereigns, who happen to be also the
consuls, Constantius Augustus, and Constantius (i.e. Gallus) Caesar.
Translation from Greek: (p.26-27)
"In the consulship of our masters Constantius Augustus for the 6th time and
Constantius the most noble Caesar for the 2nd time, Mesore 1. To
Aurelius Heraclides son of Heraclides, ex-gymnasiarch, ex-prytanis,
senator of the illustrious and most illustrious city of Oxyrhynchus,
from Aur. Castor son of Pathermuthius, of the said city. I voluntarily
undertake to lease for the present 47th, 29th, 2nd year only, from the
produce of the 12th indiction, the date-crop of your two estates, the
northern and southern ring, on condition that I gather the crop and
transport it to my own property in the right manner [p.27] and shall
pay as the fixed rent of the whole of the said date-crop 8,000 talents
of silver,total silv. tal. 8,000, secured against every kind of risk.
If this lease is guaranteed to me, I will deliver the rent in three
instalments in all, paying for the period from Mesore to Hathur(?)
2,663 talents 2,000 drachmae ...."
______________________________________________________________
No. 1633. Bid for Purchase of Land from the State. 29.3 x 7.9 cm. AD 275 (p.31)
A bid from Aurelius Serenus also called Sarapion (cf. Oxy.1631) for the
purchase of unsold State land, which was originally private land but
had been confiscated, perhaps on account of its being left unsown.
Similar applications are Oxy.370, 721, 835, 1188 (the last three
addressed to the idiologus), P.Amh. 68 ,97, and Brit.Mus.1157 verso,
(all three addressed to the strategus), SB.5673 ; and Oxy.513, a
receipt for the repayment of the price of confiscated house property to
the first purchaser by a higher bidder. Those documents all belong to
the first century AD, except P.Brit.Mus.1157, SB.5673, and No. 513,
which are of the second century, so that Oxy.1633 is much the latest of
the series. ....
One or two lines are missing at the beginning, so that the title of the
official who is addressed is not preserved ; but he was doubtless the
strategus or basilicogrammateus, not the idiologus, for a docket
appended by him to the end of the [p.32] application suits a local, not
an Alexandrian, official, and in No. 513 it is the strategus who gives
the kurosis. The date of this docket, Mesore 30 (Aug. 23) of the 6th
year of Aurelian, is important for determining the chronology of that
emperor, and has already been discussed in Oxy.1476. p.233.
Translation from Greek: (p.33)
"To . . . from Aurelius Serenus also called Sarapion, son of Agathinus,
of the illustrious and most illustrious city of Oxyrhynchus. I wish to
outbid Aurelius Serenus son of . . . cammon, who promised to buy 6
arourae of private unsown land belonging to the unsold property of the
Government, formerly owned by Sarapion son of Zoilus in the area of the
village of Paimis in this nome in the holdings of Th . . and Menodorus,
and 5 arourae in the holding of . . . cles, making 11 arourae in all,
in accordance with instructions of his excellency the dioecetes, Julius
Monimus, adding to the 660 drachmae, which Serenus promised for the
price, 140 drachmae of the increase, making the price including the
increase 800 drachmae, which sum I will pay on ratification to the
public bank of the nome with the extra charges, in order that the land
may remain the property of myself and my successors guaranteed against
all risks and free from any imposition or inquiry, which offer is to be
valid, because this increased bid is guaranteed from the Treasury (?)."
Date, signature of the applicant, and official docket "Publicly
exposed and registered in the 6th year Mesore 30".
______________________________________________________________
No. 1634. Sale of Mortgaged House-Property. 24.1 x 14.3 cm. AD 222. (p.37)
This papyrus, which is of considerable juristic interest, is a sale of
house property and building-land at Oxyrhynchus, which had been made
security (katoche) for a loan
from the purchaser to the vendors of 2 talents 3,600 drachmae. The full
price of the property being 3 tal. 3,600 dr., only the balance of 1
talent was actually paid. The only direct parallel for this in papyri
is Oxy.1701, also a contract for sale of mortgaged (epi hypotheke) house-property,in which the balance was paid after deducting two loans with accrued interest.
Usually, where a loan on mortgage was not repaid at the proper time,
the creditor took possession of the hypothecated property after calling
in the assistance of the government; cf. Mitteis, Grimdz. 158-65,
Schwartz, Hypothek uud Hypallagma 67 sqq. In P.Brit.Mus.1164(k) a
debtor cedes house-property to his creditor in place of the loan and
interest, but there is no mention of a mortgage, and similarly there is
none in C.P.R.9 (270-1), where three Cheirographa of loans are
cancelled as part payment of the purchase money of house property.....
Besides a few lines lost at the end, the beginnings of lines are
missing [p.35] throughout. ....
The general sense of the contract is, however, clear, and, though
Oxy.1701 is also too incomplete to be of great assistance, much of the
formula can be restored from the ordinary third-century sales of house
and landed property from Oxyrhynchus, Oxy.1200,Oxy.1208, Oxy. 1276,
Oxy.1475, Oxy.1697-1700, P.Giessen 100. At the end is appended a copy
of a sustatikon (line 20n), which is here apparently an application to
some official from one of the two vendors concerning the appointment of
a representative to act for them, not a contract with such a
representative like Oxy. 1642; but it is hopelessly mutilated.
The buyer, Claudia Isidora also called Apia, who also acts through an
intermediary, is mentioned in several papyri of A.D. 218-22 (cf.
Oxy.1630), and there is hardly any doubt that the reigning emperors (1.
20) were Elagabalus and Severus Alexander, the year being apparently
the 5th, not the 4th. The handwriting, which distinctly suggests an
earlier date in the third century than the reign of the Philippi,
supports this view.
Translation from Greek: (p.37)
lines 1-17: "Copy of a deed of security written in triplicate with the
signatures appended to it. ... and . . . daughters of ... n, late
eutheniarch of the most illustrious city of Alexandria and however he
was styled, Romans and citizens (of Alexandria), both acting through
the representative appointed by a deed of representation made . . ., as
stated below in the appended copy, Titus Aelius Maximus, to Claudia
Isidora also called Apia, daughter of.....and as he was styled, through
Aurelius Saras, senator of Oxyrhynchus and as he is styled (?),
greeting. We acknowledge that we have sold to you from the present time
for ever the stone house and court, with a cellar underneath, and
appurtenances . . . owned by us at the said city in the Gooseherds'
quarter, ... of which the adjacent areas are on the south . . ., on the
north the land of you, Claudia Isidora also called Apia, on the east a
public road, on the west . . ., and vacant ground . . ., of all of
which the adjacent areas are on the south the land formerly belonging
to Saraeus . . ., on the north . . ., on the west a public road, on the
east the land of Herodiaena also called Sarapias (?), at the price
agreed upon between us for the aforesaid house, appurtenances, and
vacant spaces, 21,600 drachmae of Imperial silver coin, which make 3
talents 3,600 dr., . . . reckoned against (?) 2 tal. 3,600 dr. owed to
you by us in accordance with a deed executed ... in the last year but
one, the third, Thoth, upon the security of our names . . ., and we
have received from you on the spot from hand to hand in full the
balance of the price, 1 talent, . . ., and I, Aelius Maximinus, being
present in the Oxyrhynchite nome, by my own pledge in accordance with
the deed of representation . . . You are therefore to possess and own
the landed property sold to you, and appropriate all the profits
obtained from it from the present year onwards, and have power to use
and administer it as you choose, and we are bound to deliver it to you
and your successors guaranteed always against all claims with every
guarantee, and free from persons' property-returns and the cultivation
of royal or patrimonial land, and from every obligation or debt of any
kind and all other liabilities whatsoever...."
______________________________________________________________
No. 1635. Cession of Catoecic Land. 14 x 11.3 cm. 44-37 BC. Plate II. (p.39)
A fragment of a cession (parachoresis)
of catoecic land by a cavalry soldier in the reign of Cleopatra VI with
Caesarion, i.e. in some year between her 9th and 5th. Near the end of
her 8th year she was still associated with Ptolemy XV (Oxy.1629.i), and
from her 16th year onwards she was associated with, probably, Antony
(cf. Oxy.1453. 23,n.). The only extant datings of the period of
association with Caesarion belong to the 11th year (Oxy.1629.i,n.).
Fig.3: Oxy 1635. Cession of Catoecic Land (Plate 2).
______________________________________________________________
No. 636. Cession of Land. 35 x 11.2 cm. AD 249. (p.42)
A contract for the cession (parachoresis)
of 1/3 aroura of corn-land at Seruphis, a village in the Western
toparchy (Oxy.1285), from Aurelius Serenus also called Sarapion (cf.
Oxy.1631), in return for 400 drachmae. This is the first clear example
from Oxyrhynchus of a third-century AD cession as distinct from a sale.
In Oxy.1200, Oxy.1208, and Oxy.1475 peprakevai and parakechopekenai are
combined. The land is not stated to have been catoecic, but since it
formed part of a Kleros it may have belonged to that category, like the
lands which are the subjects of contracts of parachoresis in e.g.
C.P.R.6 (AD 238) and B.G.U.94 (AD 289).
In place of the usual signature of the person ceding the land there is
the signature of the other party, acknowledging the cession, which is
here called a katagraphe.
Oxy.1704 (AD 298) is apparently another contract of cession, but with a
somewhat different formula, in which there seems to be no mention of a
price. Oxy.1703 (3rd cent.) is the beginning of a similar contract, but
with as the principal verb. Oxy.1702 (AD 290) may be a sale or cession
or both combined, but the fragmentary P.Giessen 51 (AD 202; also from
Oxyrhynchus), where in line 6 tou katagraphomenou refers to the object
of the contract, is probably parallel to Oxy.1703 rather than a sale.
....
Translation from Greek: (p.44)
"Aurelius Serenus also called Sarapion, son of Agathinus and
Taposirias, of Oxyrhynchus, to Aur. Panesneus son of Ptollis and An . .
., of the village of Seruphis, greeting. I acknowledge that I have
ceded to you from the present time for ever from my property by right
of purchase in the area of the said Seruphis in the holding of . . .,
consisting of the 2/3 part of i aroura of corn-land overgrown with
rushes, after deducting the 1/3 part which I sold to the sons of
Aurelius Sotion, ex-gymnasiarch of the said city, and to . . . son of
Stephanus, ex-gymnasiarch of the said city, the remaining l part
formerly owned by Catillianus [1] also called Varus, of all of which
the adjacent areas are on the south . . ., on the north a field, on the
east private land of other persons, on the west land of you, to whom
the cession is made, and I have received on the spot from you
straightway from hand to hand the sum agreed upon between us for the
cession of the said 1/3 part, 400 drachmae of Imperial coin, and I am
bound to deliver the 1/3 aroura to you and your descendants and
successors guaranteed from claims made against you in my name or by any
other person in my name, you being satisfied with the guarantee of the
said 1/3 aroura which I received from my above-mentioned predecessor,
Catillianus also called Varus, which land I am also to deliver to you
free from the taxes paid upon it and imports of all kinds up to the
past 6th year and including the said 6th year, because the profits of
it from the present 1st year onwards, belong to you, to whom the
cession is made, who are also responsible for the taxes of all kinds
from the said ist year onwards. This deed of cession, of which there
are two copies, is valid ; and whenever you choose you are to publish
it through the record office without requiring my concurrence, because
I hereby agree to the publication to be made by you; and having been
asked by you the formal question whether this is done rightly and
fairly I gave my consent. The 1 st year of the Emperor Caesar Gaius
Messius Quintus Decius Trajanus Pius Felix Augustus, Choiak 1 [2]. I,
Aur. Panesneus, have received the conveyance, as stated above, etc."
1. Catillianus Ouarou in No.1201, who died in AD 258, is possibly the same person.
2. This date (Nov. 28) is the earliest mention of Decius in Egypt. The
Philippi entered on a 7th year in Egypt, as is proved by P.Brit.Mus.
950-1 (no month) and coins; but Decius was Augustus on Oct. 16, 249,
according to Cod. Justin.
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:
Appian = Appian of Alexandria (AD 95-165) was a Greek historian.
Archiv.= Archiv fur Papyrusforschung.
B.G.U. = Aeg. Urkunden aus den K. Museum zu Berlin, Griechische Urkunden.
Cassius Dio = The History by Lucius Cassius Dio (AD 165-235), Roman historian.
C.I.G. = Corpus Inscriptionum Graecarum, founded by August Bockh 1824-1860.
C.I.L. = Corpus Inscriptionum Latinarum, begun by Theodore Mommson in 1847.
Cod. Just.= Codex Justinianus, the legal codex of Justinian I, instituted AD 527.
Cod. Theod.= Codex Theodosianus, the legal code of Theodosius II from AD 438.
C.P.R. = Corpus Papyrorum Raineri, by C. Wessely.
Euseb.Chron. = The Chronicle by Eusebius of Caesarea (AD 260-339).
Josephus Ant.Jud. = Antiquities of the Jews by Flavius Josephus (AD 37-100)
Marcellinus =The late Roman historian Ammianus Marcellinus (ca.330-400 AD).
O.G.I. = Orientis Graecae Inscriptiones selectae, by W. Dittenberger.
P. Amh. = The Amherst Papyri (Greek), Vols. I-II, by B.P.Grenfell and A.S.Hunt.
P. Basel = Papyrusukunden der offentlichen Bibliot.U.Basel, by E. Rabel.
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. Fay. = Fayum Towns & Their Papyri by B.P.Grenfell, A.S.Hunt, & D.S.Hogarth
P. Flor. = Papiri Fiorentini, Vol. 1, by G. Vitelli.
P. Gen. = Les Papyus de Geneve, by J. Nicole.
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. Iande = Papyri Iandanae, by E. Shafer et al.
P. Leipzig = Griechische Urkunden der Papyrussammlung zu Leipzig by I Mitteis.
P. Leyden = Papyri Graeci Musei Antiquarii Lugduni-Batavi, by C. Leemans.
P. Oxy. = The Oxyrhynchus Papyri, parts 1-13, by B.P. Grenfell and A.S. Hunt.
P. Petrie = The Flinders Petrie Papyri, by J.P. Mahaffy and J.G. Smyly.
P. Reinach = Papyrus grecs et demotiques, by T. Reinach et al.
P. Rev.Laws = The Revenue Laws of Ptolemy Philadelphus, by B.P. Grenfell.
P. Ryl. = Catalog of the Greek Papyri in the Rylands Library, by J. de
M. Johnson, V. Martin, and A.S.
Hunt.
P.S.I. = Papiri della Societa Italiana, by G. Vitelli et al.
P. Strassb. = Griech. Papyrus der K.Univ.bibliotheck zu Strassburg by F.Preisigke.
P. Tebt. = The Tebtunis Papyri, by B.P. Grenfell, A.S. Hunt, et al.
Plin.Nat.Hist. = The Natural History by Gaius Plinus Secundus (AD 23-79).
Porphyry = Porphyry of Tyre (AD 234-305) was a Neoplatonic philospher.
SB. = Sammelbuch griechischer Urkunden aus Aegypten, by F. Preisigke.
W. Chr. = Crestomathie, by U. Wilcken.
Wilcken, Ost. = Griechische Ostraka, by U. Wilcken.
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