|
The Oxyrhynchus Papyri, Vol. 14, edited by Bernard P. Grenfell and Arthur S. Hunt (London: Egypt Exploration Fund, 1920)
Property settlements and loans: Nos. 1637-1646 (73 BC - AD 308) [1] [2]
_______________________________________________________________
No. 1637. Division of Landed Property. 27.6 x 11.6 cm. AD 257-9. (p.45)
This document, on the verso of 1531, a taxing-list of payments in corn, is a much
abbreviated copy of a contract for the division of landed property in
the Oxyrhynchite and Hermopolite nomes among five persons, including a
brother and sister (lines 1-2) and probably two brothers (lines 5-6).
How the property, which is described in quite general terms as an
ousia, came into the possession of the contracting parties does not
appear: it was divided by the contract into two halves, of which one
was assigned to the three men in proportions which are not preserved,
the details (lines 19-20) being for the most part omitted, while the
other half was assigned to the two women, who receive 3/8 and 1/8
respectively of the whole, the details (lines 27-36) presenting some
new geographical information (see notes 1-5 below). All the parties to the contract were
acting with or through some one else, and the technical distinctions of
phraseology with regard to various kinds of guardianship are noticeable
(line 3,n.). The division was made in accordance with the decision of a
judge appointed by Mussius Aemilianus, who was first vice-praefect and
then praefect in AD 257-9 (1.9; cf. Oxy.1468, and Lesquier, L'armie
romaine 517).
The title of this judge, a centurion who was princeps of the praefect's
staff, is of some interest. The writing reaches the end of a
column, but may have been continued in a second column, for the papyrus
is broken vertically on the right-hand side, and the ends of lines are
missing throughout. That the length of the lacunae sometimes extended
to 15-20 letters is indicated by practically certain restorations in
lines 17-18 and 24; but some lines (e.g. 12, 14, 22) were probably
shorter, and abbreviations may have been used more extensively than we
have supposed. The writing becomes larger towards the bottom of the
column. Other contracts from Oxyrhynchus concerning division of
property are P.Ryl.156 (1st cent. AD), Oxy.503 (AD 118), Oxy.1278 (AD
214), Oxy.1638 (AD 282); cf. also Oxy.1721 (AD 187).
Translation from Greek: (p.47)
lines 1-31. "The Aurelii Ammonianus and his sister on his father's and
mother's side Heraclidiaena, both children of Aurelius Herachdes, late
. . ., Ammonianus acting with his curator, Aur. Pasion . . . and as he
is styled, Heraclidiaena with her tutor, ... of Oxyrhynchus, and
Annianus also called Heraclianus and Pasion also called Apollonius,
both(.?) sons of . .. also called Apollonius, through Pathermuthius
also called Silvanus . . ., and Iseis daughter of . . . philus, acting
without a guardian by the itis liberorum, in the presence and with the
consent of her husband Aur. Epimachus, late eutheniarch and senator of
the illustrious . . ., acknowledge that they have divided among
themselves by the command of his excellency Mussius Aemilianus through
the appointed judge, Demetrius the centurion, the most honourable
princeps of the praefecture, by a harmonious and just division of the
estate, and have had assigned to them in common the appended
properties, situated in the Oxyrhynchite and Hermopolite nomes . . .,
and have had assigned to them in common, Aurelius Ammonianus for his
share . . ., Annianus and Pasion also called Apollonius for their share
. . ., making a half share of the whole estate. Details of the
situations of the land jointly obtained by the aforesaid persons are
given in the appended properties. Details of the properties which the
party of Aur. Ammonianus and Annianus also called Heraclianus and
Pasion also called Apollonius obtained jointly for their half share are
as follows : in the area of the village of . . . [1] arourae ; in
the Oxyrhynchite nome in the area of Chusis [2] what is there stated,
and in the area of . . ., and so on. And Heraclidiaena has had assigned
to her for her share 3/8 and Iseis for her share 1/8, this making the
remaining half share of the whole estate, and they have likewise
obtained by a likewise harmonious and just division of the [p.48]
estate the appended properties; of which the details of the situations
are given in the appended properties. These are : in the area of Ibion
Chuseos [3]. . . arourae ; in the Oxyrhynchite nome in the Upper
toparchy, &c., and in the area of Tholthis Artapatou 2 vineyards
and reed-plantations and farmsteads and appurtenances of the
reed-plantations at Artapatou, cultivated by . . ., 27 7/16 arourae,
and . . . arourae of corn-land which are leased with the vineyards; and
in the area of Paeimis [4], cultivated by Antas son of Horus, 10
arourae . . ."
Notes: [p.49]
1. village (unnamed) : according to the restoration and
punctuation adopted in the text this village was in the Hermopolite
nome (cf. line 12), as we suppose the first village in the list in lines
27 sqq. to have been....
2. . Chusis: a village in the Ano toparchia of the Oxyrhynchite nome;
cf. Oxy. 1285 and Oxy.1659. In Oxy.1724. land around Chusis is
stated to be in the komogrammateia Pasko, which was a district in the
Hermopolite nome known from P. Amh.88 as Paskoi peri Mnuchin;
in B.G.U.553 A.iii.7m 554.7 as Pasko Tosu; and in P.Ryl. 99.2 as Pasko peri
Komogrammateiv Tosu. The point at which Pasko occurs in B.G.U. 553-4
indicates that this was at the extreme north of the Hermopolite nome
(cf. Oxy.1659), and evidently Chusis was close to the boundary between
that and the Oxyrhynchite nome, while Ibion Chuseos seems to have been
actually inside the Hermopolite nome. The Hermophilou kleros is
mentioned in connexion with both villages (Oxy.1724).
3. Ibion Chuseos. cf. Oxy.1442 and Oxy.1724. This village, which
presumably was near Chusis, would at first sight be expected to be also
in the .... Oxyrhynchite nome, but we prefer to assign Ibion Chuseos to
the Hermopolite nome ....
4. Paeimis: a village in the Libos toparchia; cf. Oxy.1629.
5. Antipera (Pela): cf. Oxy.1659, where Antipera Pela follows
Pela and Paeimis at the end of a list of villages in the Libos
toparchia, this being the only other mention of it....if the name of
this village, which was evidently facing on the other side of a river
or canal (the ancient representative of the Bahr Yusuf ?), was
Antipela, a mistake must be supposed in Oxy.1659.
_______________________________________________________________
No.
1638. Division of an Inheritance.
A: 27.7 x 18.4 cm.; B: 14.6 x 16 cm. AD 282 (p.50)
A contract for the division of the property of Psenamounis, a deceased
inhabitant of Senokomis, a village in the Western toparchy, among his
two families by different wives. The elder family, consisting of a
brother and sister, received a house and adjoining ground, 3 1/2
arourae of corn-land and part (probably 2/7 ; cf.line 11,n.) of 4
slaves, while the rest of the property was assigned to the younger
family, which consisted of two brothers of full age and three minors.
The formula of the contract is somewhat unusual owing to the
circumstance that the elder family consented to take less than the full
amount to which they were entitled, in consideration of the payment of
the deceased's debts by the younger family. Provision was made for
obtaining the consent of the minors to the contract when they reached
full age. Owing to the loss of the ends of lines throughout the
construction of lines 6-18 is not quite clear ; but most of the
document can be restored, and apparently the apodosis to ep[e]i
in 1ine 3 does not begin until 1. 17. After that point a fragment of a
duplicate (B) in a different hand, but with the signatures in the same
hands, is of assistance in filling up the lacunae ....
The other contracts of the same class from Oxyrhynchus are mentioned in
Oxy.1637: of third and fourth-century AD contracts from other nomes for
division of property, P.Tebt. 319 resembles Oxy.1638 in beginning with
a long clause headed by epei; P.Brit.Mus.978, Strassb.29, and probably
Flor.50 are of the more usual type. P.Gen.II (350), a contract
concerning the roofing of a court, which is supplementary to a division
of property, also begins like 1638, as does Oxy.1721.
Translation from Greek: (p.53)
"The Aurelii Aphous and Taarpaesis, whose mother is Sinthonis, and
their brothers on the father's side Aret and Saras, whose mother is
Tammonas, all four children of Psenamounis son of Pausiris, from the
village of Senokomis, Taarpaesis acting without a guardian by the ius
liberorum, in the presence and with the consent of . . ., to each
other, greeting. Whereas our common father the aforesaid Psenamounis
died leaving us the above-mentioned and our brothers who are minors, .
. . and . . . and Sammis, whose mother is the aforesaid Tammonas, the
seven of us, his heirs, and (we have divided ?) all the property left
by him, consisting of a vacant space, corn-land, household furniture,
&c., fourfooted animals, and four slaves, Panechotes [1] aged about
...... Sinthonis aged about 25 and her daughter Tapatris, aged about
10, being held in common, and Aphous and Taarpaesis decided to be
content with only certain portions of what was left, and to receive for
their share of the inheritance ... at the village of Senokomis with the
paternal house a vacant space to the extent of 1 Bikos [2], of which
the adjacent areas are on the south a vacant space (?) . . ., on the
north . . ., on the east an entrance and exit, on the west the land of
Onnophris and others, and in the area of the said village in the
holding of . . . from the aforesaid corn-land 3 1/2 arourae, of all of
which the adjacent areas are on the south a road, on the north the land
of Patauris and others, on the east . . ., on the west the land of
Sarapion (?), ex-magistrate of Alexandria, and from the aforesaid
slaves two shares out of seven (?), (and to renounce any other ?)
shares due to them from all the aforesaid property [p.54] of all kinds
left by their father . . ., and (?) to bring no claim or action against
any other parts of the inheritance except the aforesaid vacant ground,
3 1/2 arourae of corn-land, and two shares of the slaves, on condition
that the party of Aret and Saras discharge all the debts, whether
public, or attaching to the land, or private, left by our father, and
pay them in conjunction with the other brothers (?), and shall secure
Aphous and Taarpaesis against any trouble or injury in respect of any
claim or action of any kind whatever, and that Aret and Saras shall
obtain the consent of the other previously mentioned brothers, who are
minors, to this contract when they come of age, . . . the shares due to
them from the inheritance according to (?) the choices written therein
. . ., the parties to the contract acknowledge, on the one hand the
party of Aphous and Taarpaesis that they have voluntarily and of their
own choice and irrevocably (renounced ?) the shares due to them from
the present time for ever, and will bring no claim or action about the
shares (?) which we have received, with which they are also satisfied,
namely the aforesaid vacant ground, 3 1/2 arourae of corn-land, and two
shares of the slaves, and that they own these likewise from the present
time for ever, and we have the use, disposition, and administration of
them as we choose without hindrance with our offspring and successors,
and on the other hand the party of Aret and Saras that they . . . the
property left by the father together with the other brothers, and they
too have the use of it as they choose without hindrance with their
offspring and successors, and will pay all their father's debts, and
secure Aphous and Taarpaesis against any trouble in respect of any
claim, and will obtain the consent of the minors to this contract when
they come of age, and will guarantee to the party of Aphous all the
property described in it against all claims with every guarantee, as
free from any debt or liability or any other claim whatsoever, and also
from all public dues, taxes, extra levies, and rates of all kinds
payable on it up to the present 7th year and including the present 7th
year, because the profits of this property from the coming 8th year
onwards belong to the party of Aphous, who are responsible for the
public taxes of the said 8th year. This deed of contract is valid,
there being 8 copies of it in order that each party may have 2, and
whenever they or any one of them choose, they may register it publicly
without requiring the participation of the other side or any further
agreement, because they forthwith agree tothe publication to be made
through the record-office, and having asked each other the formal
question they gave their consent on these terms." Date and signatures.
Notes:
1. Panechotes: This is a common masculine name at Oxyrhynchus, the feminine form being Tanechotes.
2. Bikou: A land measure of unknown size.
_______________________________________________________________
No. 1639. Payment in Advance for Wheat. 30.5 x 13.6 cm. 73 or 44 BC? Plate III. (p.56)
An acknowledgement from two Persians of the epigone to katoikos
hippeus of the receipt of the price of 30 artabae of wheat, which were
to be delivered after the harvest. The formula, which closely resembles
that of P. Reinach 30 (late 2nd cent. BC), is largely that of a loan.
The papyrus, which certainly belongs to the first century BC, is dated
in Phaophi of the 9th year of an unnamed sovereign, and the
resemblances between the first hand of Oxy.1639 and Oxy.236 c (reign of
Auletes; Part ii, Plate v) and P. Grenf. ii. 39 (2nd year of Auletes?;
Plate v) and between the third hand of Oxy.1639 and P.Tebt. 103 (21st
year of Auletes ?; Part i, Plate vii) suggest the 9th year of Auletes
(73 BC) or of Cleopatra VI (44 BC; cf. Oxy.1629.)
The payment is, however, made through the private bank of Heraclides at
the Serapeum of Oxyrhynchus (11 3-5n.), and though banks other than Basilikai trapezai existed in Ptolemaic Egypt, the earliest known reference to an idiotike trapeza
is in 6 BC (P.Brit.Mus.890, from Hermopolis). Moreover the docket of
the bank in lines 30-1, certifying the payment of the price in
question, is identical in form with bank-dockets on first-century
receipts from Oxyrhynchus. We are therefore not prepared to exclude the
attribution of the 9th year to Augustus, though Oxy.1639 presents a
more strongly marked Ptolemaic appearance than the Oxyrhynchus papyri
from the earlier part of his reign, e.g. Oxy. 277.
"Orsenouphis and Pekusis, both sons of Petosiris, Persians of the
epigone, to Theon also called Thoonis, son of Theon, of the catoecic
cavalry, greeting. We acknowledge that we have received from you at the
Serapeum at Oxyrhynchus the sum paid through the private bank of
Heraclides [1] as the price of 30 artabae of hard wheat unmixed with
barley, which we are to deliver to you in the month of Pauni of the
present 9th year in hard, new, pure, unadulterated wheat, unmixed vith
barley, by the measure of the Serapeum (?) of the city, transporting it
at our own expense to whomever you may appoint at the said temple.
Fig.4: Oxy 1639: Payment in advance for wheat (Plate III).
"If
we fail to perform these conditions, we will forfeit, being jointly
sureties for each other, to you the price of each artaba which we fail
to deliver, 4,000 drachmae of bronze, you having the right of execution
upon us both or whichever you choose and upon all our property, as if
by a legal decision, no plea of any kind remaining to us, and any that
we [p.59] may produce being invalid. And we shall be liable to arrest
by you at the aforesaid Serapeum and in any place of asylum and before
any magistrate and in any place whatsoever where you may encounter us.
This bond is valid wherever and by whomever it is produced. The 9th
year, Phaophi 20." Signature of Orsenouphis and Pekusis, docket
of the bank, and on the verso the title.
Notes: (pp.59-60)
1. Private bank: It is .... clear from Nos. 305 and 1639 that there was an private bank (idioteka trapeza) at the Serapeum, and if that was distinct from the bank leased by the government and sometimes administered by epiteritai
(91, 513, and 1132); all these instances are concerned with private,
not official, transactions, and that banks named after individuals
often belonged to the class of idioteke trapeza in spite of the omission of the word idioteke
is clear from (1) No.305, where is omitted in the docket (2); Brit.Mus.
168, where is once inserted (1. 2l), and once omitted (1. 54), in
connexion with the supou trapeza at Hermopolis in AD 44; and (3) the
probable identity of the Ptolemeion at Hermopolis in P. Brit. Mus. 1168
with the Ptolemeion idiotike in P. Ryl. 1 73 (10 years earlier).
The question of the relation of private banks to those leased by the
government has not yet been definitely decided; cf. Wilcken, Grundz.
160. If the view which we put forward in connexion with No. 513 is
correct, and the Ptolemaic bank- monopoly continued in the Roman
period, there is no need to suppose the existence of more than one bank
besides the demosia trapeza at the Serapeum of Oxyrhynchus.
Our own view may be briefly expressed as follows. In the
Ptolemaic period besides the Basilicae trapezai there were banks called
in P. Rev.Laws Ixxv-vi trapezai
simply, which were all leased by the State and apparently called after
the names of the lessees, as illustrated by the Sotionos trapeza at Acoris (P. Reinach 7); but whether the Ptolomeios trapizetes at a village of the Arsinoite nome (P. Fay. 12) was, as Preisigke (P. Strassb. 10) supposes, a lessee rather than a Basilikos trapazetes, is very doubtful.
As soon as the Romans took Egypt, probably even earlier, idioteke trapeza make their appearance, and banks which were evidently not are found in connexion
with official payments. Such banks are distinguished from the by being
called after individuals ; but the bank-monopoly of the government
still survived, and the persons who gave their names to banks, whether
these were called idioteke or not, are probably to be regarded as lessees.
In the second and third centuries AD these banks are sometimes found under the administration of official epiteritai, a circumstance which may be due to the difficulty of finding private persons willing to become lessees of banks, just
as it became difficult to obtain tax-farmers (cf. No.44) and agoranomi (cf. No.1642).
The existence in each metropolis of a single leased 'Staatsbank', which
was specially privileged in regard to official transactions, side by
side with a number of purely private banks owned by individuals and not
leased to them, seem to us unwarranted by the evidence which is so far
available.
_______________________________________________________________
No. 1640. Loan of Wheat. 15 x 14.5 cm. AD 252. (p.61)
This conclusion of a contract (cheirographon) for a loan of wheat is chiefly interesting on account of the mention of a new measure called pros hekatostas deka (rate of ten hundredths) and apparently identical with the metron tetrachoinikon (rate
of one-third) (lines 4-5, n.). Other Oxyrhynchus loans of corn in the
Roman period are Oxy.988 recto (AD 224) and Oxy.1040 (AD 225); and like
them and Oxy.1711 (a late third-century AD loan of money), &c.,
Oxy.1640 was written in duplicate in parallel columns. We omit Col. 1,
of which only the ends of lines are preserved.
Translation from Greek: (p.62)
"...I will repay in the month Pauni of the present 3rd year in
wheat that is new, pure, unadulterated, free from earth and barley, and
sifted, by the measure of(?) ten hundredths without delay; or, if I
fail, I will forfeit to you for the overtime an extra payment at the
rate of one-third, you having the right of execution upon myself and
all my property. This deed written in duplicate is valid wherever and
by whomever on your behalf it is produced, and in answer to the formal
question I gave my consent." Date and signature of the borrower.
_______________________________________________________________
No. 1641. Loan with Right of Habitation. 14.5 x 16 cm. AD 68. (p.63)
The concluding part of a contract (cheirographon)
for the loan of 80 drachmae, the lender having in lieu of interest the
right to inhabit the borrower's house. An allusion to a document of
this description occurs in Oxy.1105; but Oxy.1641 is the first specimen
of this class from Oxyrhynchus, and the formula is worded somewhat
differently from the parallel contracts B.G.U.1115 (Alexandria; 13 BC)
and P.Hamb.30 (Arsinoite nome; AD 89), while P. Brit. Mus. 1168
(Hermopolis; AD 44) is phrased as a lease.
The juristic character of these contracts, especially in relation to
the law of mortgage, has been much discussed, most recently by P. M.
Meyer in P.Hamb. 30. int. In Oxy.1105 hypotheke (mortgage) and hipothesthai
are used with regard to the property (3/5 of a house) in which the
right of habitation was ceded by the borrower in lieu of interest .....
Owing to the loss of the beginning of Oxy.1641 it is impossible to be
certain on the question whether or some kindred term occurred in it;
but no reference to a mortgage is found in the extant portion of the
papyrus, and it is likely to have agreed on this point with B.G.U.
1115, P. Hamb. 30, and Brit, Mus. 1168, which have none ....
Translation from Greek: (p.64)
"...from the present day you and your agents who shall be installed
there by you are to use the house, pylon, roof, court, entrance, exit,
and all the other appurtenances of the house without hindrance, neither
I nor any one else having the right to expel you or your agents from
the habitation until the expiration of the period, on condition that I
also guarantee the habitation to you and your agents by every
guarantee. And when the period has expired, I will repay you the 80
silver drachmae, or, if I violate the contract or fail to perform its
conditions, I will forfeit to you on account of failure to guarantee
the habitation as aforesaid 40 silver drachmae and to the Treasury an
equal amount, and the original sum increased by one half together with
due interest from the date of my violation of the contract, you having
the right of execution upon both myself and all my property, as if by a
legal decision. And when you recover the money at the end of the period
you are to surrender the habitation within 60 days more, delivering up
the door and key which you receive. This deed is valid wherever it is
produced and for any person who produces it." Date and signature
of the borrower.
_______________________________________________________________.
No. 1642. Appointment of a Representative and Instructions. 24 x 22.7 cm. AD 289 [p.65]
A deed whereby Aurelius Demetrianus appoints his "brother" to represent
him at a trial in the Oxyrhynchite nome concerning the nomination by
Demetrianus of Aurelius Agathinus also called Origenes (Oxy.1475) as
his successor in the office of agoranomus.
Other Oxyrhynchus deeds for the appointment of representatives to
appear in court are Oxy.261 (AD 55), Oxy.376 (AD 77), Oxy.65 (late
first cent AD), Oxy.97 (AD 115-16), Oxy.726 (AD 135); cf also Oxy.1274,
Oxy.1643, P. Grenf. ii. 71, SB. 4651,4653, B.G.U. 286 and 1093, which
are all third or early fourth century AD deeds appointing
representatives to go to Alexandria for other purposes.
The decipherment and restoration of the interesting but very cursively
written instructions are difficult, especially in lines 44-55, where
the ink is faint and the surface of the papyrus damaged; but the
general sense can as a rule be made out. The first section, which is
the longest and most intelligible, gives a general statement of
Demetrianus' and his opponent's actions with regard to the filling up
of the office of agoranomus. That this office in combination with that
of eutheniarch had towards the end of the third century AD fallen into
desuetude at Oxyrhynchus owing to lack of candidates, but was revived
by a praefect who was probably Valerius Pompeianus shortly before AD
288, was already known from 1252 verso. In that (p.66) papyrus the of
gymnasiarchs and the prytanis of the senate are found taking action in
regard to the nomination of eutheniarchs, the responsibility for whose
appointment ultimately rested with the praefect.
Demetrianus, who had himself filled a term of office as agoranomus, was
summoned before the praefect to take part in the nominations, and
somewhat against his will was induced on March 19 (probably AD 288) to
nominate as his successor Agathinus, who was not only well off himself
but had children under his manus owning property (see note 1). A month later (apparently) Agathinus appealed to the praefect against this nomination.....
The second section, which provides an answer to the charge that
Demetrianus' action was due to private enmity against Agathinus,
introduces a mention of Demetrianus' wife, who "knows her own
business", and did not require the assistance of the representative, if
the second person in 1. 30 refers to him, as usual.
The third section apparently refers to a possible claim by Agathinus to
substitute for himself an ex-scribe of the public bank, the answer
being that this individual was not sufficiently wealthy, and that his
children were not available for sharing the responsibilities of the
office. Another section (11. 33-4) deals with the possible proposal of
Agathinus to give up his property rather than accept office, an extreme
measure which in the third century AD was not uncommonly employed (cf.
1405. int., P. S. I. 292).
Translation from Greek: (p.69)
lines 1-11: "Aurelius Demetrianus and as I am styled to Aur. A . . .
Didymus, his brother, greeting. I appoint you by this my deed to appear
at home in the Oxyrhynchite nome as my representative at the nomination
made by me to his excellency the praefect Valerius Pompeianus of Aur.
Agathinus also called Origenes, son of Varianus and as he is styled, as
my successor in the office of agoranomus upon the security of his property and that of the children in his manus
[1], and to perform every act lawful for me if I were present, in order
that his wealth whether immovable or movable may not be alienated, and
he may obtam no advantage to the injury of the city's provision of
supplies. This deed of representation is valid wherever it is produced,
and in answer to the formal question I gave my consent. I pray for your
health, brother." Date.
Notes:
1. The present passage shows that the property of children did not escape habilities attaching (p.70) to that of their father. In No.1703 a father is found executing the katagraphe
of property which his children (by different wives) had bought through
him, this procedure being parallel to that found in 1268, where in the
case of house-property belonging to a daughter the katagraphe is performed by the father and uncle.
_______________________________________________________________.
No. 1643. Appointment of a Representative. 25.5 x 11.3 cm. AD 298. (p.70)
A deed whereby an athlete, who bears an interesting list of titles,
appoints a friend to go to Alexandria in search of a fugitive slave.
The document, though called an epistalma or instruction, hardly differs in form from an aposustatikou
[p.71] (cf. No.1642). Oxy.1423, a fourth-century entole for the arrest
of a slave, is similar; cf. Oxy.1422, where the evidence concerning
fugitive slaves is collected.
Translation from Greek: (p.71)
"Aurelius Sarapammon also called Didymus, a citizen of Oxyrhynchus . .
. and Athens, victor in the whole cycle of games, of the rank of
excellency, president for life of the chystus,
and as I am styled, to Aurelius . . ., and as you are styled, of the
said city of Oxyrhynchus, greeting. I appoint you by this my
instruction as my representative to journey to he most illustrious
Alexandria and search for my slave called . . ., aged about 35 years,
with whom you too are acquainted . . . ; and when you find him you are
to dehver him up, having the same powers as 1 should have myself, if
present, to . .., imprison him, chastise him, and to make an accusation
before the proper authorities against those who harboured him, and
demand satisfaction. This instruction (epistalma)
I have issued to you in a single copy, which is to be valid wherever
produced, and in answer to the formal question I gave my consent." Date
and signature of Sarapammon.
_______________________________________________________________.
No. 1644. Settlement of Claims. 15.3 x 13.5 cm. 63-62 BC. Plate II. (p.72)
A nearly complete contract, written in the reign of Ptolemy Auletes
(cf.Oxy.1628), whereby three brothers belonging to the catoecic
cavalry renounce any claims against their nephew Moschion with regard
to a loan of an unspecified amount of silver, borrowed by him some
years previously from their mother, who had lately died, a renewal of
the loan having been arranged. A few lines at the end, containing the
list of (six) witnesses and signatures, are missing.
The formula resembles that of settlements of disputes or repayments of loans, of
which the other first century BC examples are all Alexandrian sugchoreseis
of Augustus' reign (B.G.U. 1148, &c.), while of the second century
BC examples only the illegible P. Amh. 43 (179 BC, Arsinoe) was
(apparently) a hexamarturos suggraphe (like Oxy.1644), the others being notarial agreements (e.g. P.Grenf. ii, 26, Taur. 4, Reinach 12) or cheirographa (contracts) (P. Reinach 11).
Fig.5: Oxy.1644: Settlement of Claims (Plate II).
Translation from Greek: (p.73)
"In the reign of Ptolemy, the god Neos Dionysus Philopator
Philadelphus, the 19th year, and the rest of the formula as written at
Alexandria, the ...... of the month Peritius or Choiak, at Oxyrhynchus
in the Thebaid. Pasion, Piolemaeus, and Apollonius, all three sons of
Dionysius, Macedonians of the catoecic cavalry, acknowledge to the son
of their late deceased sister Berenice, Moschion son of . . .,
Macedonian of the catoecic cavalry, all the parties being from the
street of Cleopatra Aphrodite, that neither they nor any one else on
their behalf have or will have any ground of complaint or will proceed
against Moschion or his agents concerning the loan of money at interest
which Moschion made from the mother of the three acknowledging parties
and maternal grandmother of Moschion [p.74] himself, Arsinoe daughter
of Ptolemaeus, who too has died, which loan has been otherwise
specified by a contract drawn up through the record-office in the
aforesaid city in former times, or concerning any other provision
whatever of the above-mentioned contract of loan, because Moschion for
various reasons has effected the renewal of the aforesaid money
agreement with Arsinoe under a pledge (?) on account of the
above-stated kinship. If any of us violates the contract or proceeds
against Moschion, apart from aggression being invalid, the aggressor or
his representative shall in addition forfeit to Moschion, or any
representative of Moschion against whom aggression is committed, a fine
of 500 drachmae of silver [1], and to the State an equal amount, and
nevertheless (this contract shall be valid). The witnesses of the
acknowledging parties join in consenting to all the above-mentioned
provisions, they being, for Pasion, Dionysius . . ." Title.
Notes:
1. the circumstancc that the penalty, like the loan itself , was in
silver is unusual, private payments in the late Ptolemaic period being
generally in bronze. The penalty to the State (also 500 silver
drachmae) is higher than the customary 100 silver drachmae for the
State in the Pathyris papyri, but in P.Taur.4. (126 BC) an epitimon of
20 talents of bronze with 400 silver dr. to the State occurs. In the
Alexandrian sugchoresis 500 drachmae occurs as an epitimon (e.g. B.G.U.
1 107), but the amount of the customary fine to the State is nowhere
mentioned.
_______________________________________________________________.
No. 1645. Receipt for Personal Effects. 21.5 x 30.6 cm. AD 308. (p.74)
An acknowledgement addressed to a man through his wife by a woman acting through her guardian (epitropos), who was in this case appointed by the head municipal offical (hypomnematographoi),
of the receipt of money, furniture, and clothing belonging to her
lately deceased mother. B.G.U. 419 is a somewhat similar
acknowledgement, but as the result of an arbitration.
Translation from Greek: (p.76)
"In the consulship of our masters Diocletianus father of the Augusti
for the l0th time and Galerius Valerius Maximianus for the 7th time,
the day before the Calends of September. Aurelia Didyme daughter of
Arius, through me her guardian appointed by memoranda drawn up before
the Aurelii Gregorius also called Theon . . . and . . . son of
Arsenius, formerly hypomnematographi
(1) in office in the 14th and 2nd year, Mecheir . ., Marcus Aurelius
Horion son of Marcus Aurelius Apollonius son of Isidorus, of the
Sosicosmian tribe and Althaean deme, to Aurelius Melas son of Maximus,
ex-cosmetes of the illustrious and most illustrious city of
Oxyrhynchus, through his wife Aurelia Theodora daughter of Eudaemon, of
the said city, greeting. I acknowledge that I have received and been
paid in full by you the property of my deceased mother Artemeis found
in your possession, consisting of 2 ounces, 4 grammes less one carat of
gold of the first quality on the Alexandrine standard, and out of 20
talents of silver belonging to her, received by you in accordance with
a deed of . . . administration, 14 talents, the complete amount, from
hand to hand, the remaining 6 talents having been paid to my mother in
her lifetime ; a wooden bed, 2 small worn cushions, 2 worn mattresses,
a partly worn undyed . . ,, a lampstand, a small table, a worn child's
frock, all complete, and (I make no claim concerning this) or any other
matter, debt, or ... at all of any kind whatever, whether secured in
writing or not, from former times up to the present day, and I have
given up to you for cancellation the aforesaid bond for 20 talents. And
I have issued to you for your security this receipt . . . through my
guardian, who signs since I am illiterate, which receipt shall be valid
wherever it is produced, and in answer to the formal question I gave my
consent." Signature of Didyme
written by Horion.
Notes:
1) The local official who was generally addressed in regard to the guardianship of minors was the exegetes; cf. Oxy.888 and B.G.U.1070. The hypomnematographi ranked at the head of the municipal officials ; cf. Oxy. 1412.
_______________________________________________________________.
No. 1646. Receipts for Rent. 12.7 x 22.5 cm. AD 268-9. (p.77)
Part of a series of receipts for rent paid by Aurelius Serenus also
called Sarapion (c.f. Oxy.1631) to various agents of the heirs of a
veteran, who had been officialis on the praefect's staff, in the 15th
year of Gallienus (AD 267-8) and following years. The chief interest of
the papyrus lies in the date Phaophi 23 of the 3rd year of Claudius II
(i.e. Oct. 20, AD 269), which is important for the chronology of that
emperor and has been discussed in Oxy.1476. There were two systems of
reckoning the years of Claudius, one assigning him three years by
making his first year coincide with the 15th of Gallienus, the other
assigning him only two by making his first year coincide with the i6th
of Gallienus. Oxy.1646 evidently agreed with the coins in ignoring the
16th year of Gallienus, and making AD 268-9 the 2nd year of Claudius in
opposition to e.g. P.Tebt.581 and Flor.265, which are dated in the 16th
year of Gallienus after his death, and Oxy.1698, which apparently makes
AD 268-9 the 1st year of Claudius.
Translation from Greek: (p.278)
lines 1-18. "The heirs of Vibius Publius, an honourably discharged
veteran, sometime officialis of the praefect of Egypt, ex-senator of
the most illustrious city of Alexandria, through me, Plutogenes, agent,
to Aurelius Serenus also called Sarapion, greeting. I have received
from you the rent in money for the present 15th year for the 7 1/2
arourae of land which you cultivate in the area of Paeimis with
green-stuffs, 375 drachmae of silver, total 375 dr., in full. This
receipt, which is written in my own hand, is valid, and in answer to
the formal question I gave my consent. The 15th year of Gallienus
Augustus, Mecheir 4."
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 sometimes 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. xxx" or as "P.Oxy.xxx."
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 code 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, 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. Hamb. = Griech Papyrusurkunden der Hamburg. Stadtbibliothek, by P.M.Meyer
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. Taur. = Papyri Graeci regii Taurenensis Musei, by A. Peyron
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 philosopher.
SB. = Sammelbuch griechischer Urkunden aus Aegypten, by F. Preisigke.
W. Chr. = Crestomathie, by U. Wilcken.
Wilcken, Ost. = Griechische Ostraka, by U. Wilcken.
[Continue to next part]
[Return to Table of Contents]
|
|