"Griechische Papyri der Hamburger Staats- und Universitäts-Bibliothek mit einigen Stücken aus der Sammlung Hugo Ibscher", eingeleitet von Bruno Snell, Hamburg 1954 : [recenzja]

The Journal of Juristic Papyrology, Apr 2018

Rafał Taubenschlag, Bruno Snell (aut. dzieła rec.)

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"Griechische Papyri der Hamburger Staats- und Universitäts-Bibliothek mit einigen Stücken aus der Sammlung Hugo Ibscher", eingeleitet von Bruno Snell, Hamburg 1954 : [recenzja]

JOURNAL OF JURISTIC PAPYROLOGY - ving attained some official opinion of an expert about the costs of the repair and after hav'ng the prests assertions verified (as he did in No. 202). This series is the continuation of the one published in Chronique d'Egypte X X V I I I No. 55 (1953) 109—120. Miss P r é a u x publishes here O. Cairo 9524 (138/137 B. C), the receipts issued by the tax-farmers of the tax imposed on thick garments makers. This document represents a strict analogy with W.O. 1616, the receipts given by the same farmers, in the same year and in the month of Pharinouthi to a κασοποιός called Aristide; as writers used to deform the names he could easily be Aristodemos mentioned in our document. We are not aware of the basis for the monthly taxation here discussed; whether it was, a kind of tax of the type of τετάρτη οτ a licence tax. 0 . Cairo 9644 (136—135 B.C.); O. Cairo 9505 (136—5 B.C.); O. Cairo 9501 = W O J08b (136—5 B.C.); O. Cairo 9682 (June, 26th, 132 B.C.) are similar receipts. O. Cairo 9654 (144 B.C. ?) is a receipt of grain for Memnonia; O. Cairo 9657 (125 B.C.) — a receipt of grain for Pathyris. T. B o n n e and P. M. F r a s e r , A Hadra-Vase in the Ashmolean Museum (Journ. Amer. Arch. 39 [1953] 84 ff.). Those vases of the Hadra-group which we are concerned in contain the ashes of persons designated simply by their name and ethnic, or by their name and ethnic in which is added a title: πρεσβευτής or θεωρός (or twice) άρχιθέωρος. The urns contain the ashes of various envoys and theoroi who died while on visits to Alexandria. It appears that the state appointed the main Hadra-Necropolis to receive the remains of these distinguished foreigners. The majority of the vases should be assigned to the reign of Philopator. Griechische Papyri der Hamburger Staats- und Universitäts-Bibliothek mit einigen Stücken aus der Sammlung Hugo Ibscher hg. vom Seminar für klassische Philologie der Universität Hamburg, eingeleitet von B r u n o Snell (Ha mburg 1954 ). Besides the literary papyri Nos 118—168 this edition comprises legal papyri published by H. Y o c k e . No. 168 (III cent. B.C.) contains the regulations about the introduction of a lawsuit and particularly about the submitting of complaints. The forms of the intJoduction of a lawsuit were different for different Ptolemaic courts corresponding to the kind of the court and to its competence. In our text the regulations concerning Alexandrian courts of the diaitetai and the κριτήρια are contrasted with those for the courts of the χώρα (v. 1—16). Strictly spoken in the preserved column it is the question only of a particular lawsuit-form before the κριτήρια, the lawsuits ανευ έπιδεκάτου ή έπιπεντεκαιδεκάτου i.e. without law-costs amounting from one to five tenth of the claimed value. It is not clear in what cases such a cost-free lawsuit could take place. Our text reads: "Persons addressing the diaitetes or submitting costfree claims before the κριτήρια should present their bill of complaint to the official nominated by the νομοφύλαξ (v. 1—4)". Then follow the personal particulars which the plaintiff should give in a written form when submitting his έγκλημα; soldiers, citizens, citizens being soldiers and non-citizens are differentiated. The population of Alexandria is therefere concerned as it is also confirmed b y the contrast of the regulations given in (v. 1—16) with the ones given in (v. 17—20) concerning the κατά τήν χώραν κρινόμενοι. Soldiers (στρατιώται) were required to declare their personal particulars, which were also customary demanded in the cleruchic contracts, such as the name, the πατρίς, the regiment and the έπιφορά (the feudal benefice of the king to the soldiers); citizens had to give (cf. on πολϊται my Law2 582 ff.) the name, the father's name as well as the deme; in case they served in the army — also the regiment and the έπιφορά; non-citizens (οί δέ άλλοι) were required to give the πατρίς and the γένος to which they belonged. To these particulars all the plaintiffs had to add particulars concerning the diaitetai or the kritai before whom they wanted toi conduct a case, made out after the same scheme. The personal particulars of the judges were then entered into the register of claims by the official appointed b y the νομοφύλαξ; on the copies of the summons the personal particulars of the plaintiffs and the judges were probably registered again (v. 14 ff.) και προς τάντίγραφα [των άποδεδο]μένων κλήσεων προσγραφέτωσαν εΐκονο[γραφίας; on εικονογραφία cf. J. H a s e b r o e k , Das Signalement in den Papyrusurkunden 85 ff.; see also Ent. 17s (217 B.C.); Oxy 234923 (70 A.D.). The end of the section shows the provision that the plaintiff must pay the copying or writing fees of one drachme (when presenting the εγκλήματα). The last three lines of the column (v. 17—20) referring to the lawsuits in the χώρα are mutilated; remarkable is only the mention of the διαιτηταί in (v. 18); so far was the judicial activity of the diaitetes in the χώρα not yet mentioned. Nos 169—181 (from the time of Euergetes) inform us about the commercial relations of the βασιλική τράπεζα in Oxyrhynchos (cf. my Law2 677). The documents contain: receipts for the money paid off b y the bank (cf. Law2 394), orders for payment and commercial letters addressed to a certain Nicanor who in the first years of the reign of Euergetes was the trapezites of the bank in Oxyrhynchos. The trapezites Nicanor is subordinate to the district ch;ef Am· monios and therefore his recomendations to Nicanor seemed to be like short orders. No. 169 (241 B.C.) is an official letter of the tax-farmer Menodoros to Nicanor, trapezites of the βασιλική τράπεζα in Oxyrhynchos. No. 170 (241 B.C.) is a receipt for 15 talents in copper which were paid b y the intermediary of the trapezites Nicanor to the consignee Diodoros according to the payment-order of a certain Pasikrates of the βασιλική τράπεζα in Oxyrhynchos. No. 170 (246 B.C.) is a receipt of the monthly salary of a doctor (cf. on doctors Law2 633 ff.). No. 172 (246 B.C.) is an order for payment of an archiphylakites' salaiy. Just as the salaries of doctors were paid out of the ίατρικόν, the ones of the archiphylakitai were paid out of the income of a particular tax φυλακιτικόν. In the document in question Apollodoros the επιστάτης φυλακιτικών of Oxyrhynchos advises the trapezite Nicanor to pay the three month salary due to archiphylakitai to Theophilos, the commissioner of Apollodotes with money which came in the bank the past year. In No. 173 (241 B.C.) Ammonios, the οικονόμος advises the trapezite Nicanor to pay 540 drachmae out of his account at the bank of Oxyrhynchos on behalf of a certain Appolonios. These 540 drachmas are the price for two white calves bought b y Ammonios very likely for his farm. No. 174 (240 B.C.) is a fragment of a payment order. This fragment mentions a payment in advance paid b y the state bank (Nicanor) on behalf of flaxcookers to enable them buying the raw flax. In No. 175 (241 B.C.) it seems to be the question of a payment order on behalf of the λινεψοί in Oxyrhynchos. In No. 176 (241 B.C.) Ammonios orders to the trapezites Nicanor to deliver papyrus for his office (i.e. the one of Ammonios) to his commissioner. No. 177 (241 B.C.) a letter of Ammonios to Nicanor, speaks also about the deliver)' of papyrus b y the royal bank (cf. on papyrus production my Law2 673). No. 178 (241 B.C.) deals -with the preparations for the collection of the d y k e - t a x (λογεία τοϋ χωματικοϋ) which should be arranged by Nicanor for the toparches of the south toparchy of the district. No. 179 (241 B.C.) is a fragment of a payment order. No. 181 (240 B.C.) and 182 (240 B.C.) are fragments of letters. The interpretation of the letter in No. 182 — probably of the οικονόμος to his subordinates — must take as a starting point Kev. L. col 483_4. According to the oil which had been required b y oil merchants of the single villages for the certain month, it was distributed to the merchants under the supervision of the οικονόμος. The money for the oil should be delivered by the οικονόμος to the βασιλική τράπεζα possibly on the same day or at least within five days. However we learn now that the έλαϊκή has been collected from the oil merchants and was not delivered immediately—but somewhat later to the οικονόμος; and then we learn that the amount of money received corresponded to the quantity of the oil. The έλαϊκή was then an indirect tax which — however separately — had been paid additionally to the oil price fixed b y the state. No. 183 (251 B.C.) is a loan of hay made by Polemon, a simple soldier of the Zoilos troop who confirms that he obtained a parcel of hay from Zenodoros, the οικονόμος of the lower toparchy of Oxyrhynchos. He engages himself to restore him one and a half of hay in nine months (i.e. after the new harvest). The form used in the documtnt is yet not found in the papyri cf. the seed - receipts edited b y S c h u b a r t BGU VI 1226—1230, see G r a d e n w i t z 71 = SB III, 1, 6280 and Hib. I 85; on πράξις ώς προς τά βασιλικά cf. my Law532 ff. In Nos 184-—186 (III cent. B.C.) the receiver quits his purchase of a certain number of arurae of Arakos Olyra out of the royal land and engages himself to pay the price to the βασιλική τράπεζα. This is a sale on credit (cf. Law2 338 ff.). The object of the sale was the land revenue of the arurae. No. 187 (265—4 B.C.) is a bond of surety. The shoemakers Pais and Petroseiris were sued as it seems for debts. Theodoros guaranteed that they will not leave their village during the coming year being always at the disposal to their creditor. In the event they should run away, Theodoros undertakes to pay within five days the sum which the defendants were sued for (cf. Law2 498). No. 188 (218 B.C.) is a contract of lease in which the cleruch Theophilos acts as a lessor and Aristochos, Stratios son — as a lessee. No. 189 (215 B.C.) is a receipt for a rent paid in advance (cf. Law2 35815, 36126)· It refers to a lease contract already concluded in which the term of the lease, the amount of the rent as well as other particulars were established. As payment of the rent takes place for many years in advance, the lessees try to secure themselves b y special clauses against neglecting the payment by the lessor. This security clause says: " I f the lessor disregards the payments in advance or if a βασιλικόν κώλυμα takes place (cf. Law2 3612e) he shall pay a fixed sum for every artaba of wheat of the έκφόρια already delivered, and the lessees shall have the right to execute immediately this sum from the lessor". No. 190 (from the period of Philopator) has been already published b y F. Z i e b a r t h , Aegyptus X I I I (1933) 358—9 and again in SB Y, 1, 7560 cf. W i l c k e n , Arch.f. Pap. X I (1935) 295. Whilst — according to Z i e b a r t h — this papyrus refers to a syngraphe over an enoikion concluded between Diodoros as proprietor and Daimachos as the lessee or the tenant and — according to W i l c k e n to an antichretic loan, the new editor admits that the question is of a contract of μίσθωσις of a land-lease, or a lease of a house. In this contract only the βεβαίωσις-clause is preserved. In this βεβαίωσις Daimachos warrants Diodoros his rights for the period of the μίσθωσις, the term of which must have been fixed in the beginning of the document which Avas lost. Should Daimachos „ e x p e l " Diodoros within this term or should he "force him out" before Daimachos would receive 500 drachmae as the rent (ένοίκιον) and the reimboursement of expenses then the legal claim of Daimachos was void and he was obliged to pay 500 drachmae of rent the, άναλώματα and the contractual penalty of 500 drachmae. Daimachos is then undoubtedly the lessor and Diodoros the lessee. The designation ένοίκιον and the mention of the compensation agreed upon the expenses makes us believe that the lease of a house was at stake. According to the editor's supposition in the lost part of the document there was the question of the sub-lease of the house by Diodoros and Daimachos had to guarantee Diodoros that the sub-lessee would pay him the rent as well as the compensation of his expenses. Until getting this money Diodoros was entitled to retain the rights resulting from the lease contract even beyond the term agreed upon the lease. In No. 191, a draft of a letter (III cent. B.C.) is referred to the execution of a mandate. The same holds good for a private letter No. 192 (III cent. B.C.) -which is designated as an έντόλιον (εντολή). Noteworthy is that in these papyri the term πρόστιμον ha« the meaning of an "additional amount". Vol. У of the Sammelbuch comprises four parts; the first two appeared in the years 1934 and 1938 and the third one in the year 1950. Part I V published now contains the index to the whole volume У. To the last part of this volume is annexed an additional special volume containing a new edition of the Papyrus Revenue Law b y J. B i n g e n . Besides the word-indices and general list of words, particularly valuable is the section III (p. 400) with the contents of the documents. It comprises: A. Government activities, State and municipal legislation, Jurisdiction, Administration, Taxation, Public dedications, B. Law of Associations, C. Civil Law (Law of Persons, Law of Property, Law of Obligations, Circulation). The article contains a re-edition of Petr. III 26 with a commentary. The papyrus refers as we know to the responsibility of the proprietor of a beast for damage done b y the latter. The columns 1,2 and 3 of the recto of P. Petrie III, 20 bring respectively, an enteuxis to the king concerning the usurpation of a stathmos, a hypomnema to the chrematists submitted by the same plaintiff and a record referring to the continuation of the proceedings and to the sentence passed in the case. The text of these three E. K i e s s l i n g , Sammelbuch griechischer Urkunden aus Aegypten (vol . V, part I V , 1955 ). M. T. L e n g e r , Le fragment de loi ptolemaïque P. Petrie III 26 (Bodl . Ms. Gr. Class. D 27 [Ρ]) (estr. dagli Studi in on . di U.E. Paoli [ 1955 ] 460 -- t67 ). M. Th . L e n g e r , Une nouvelle édition de P. Petrie III 20, Recto coll. 1-3 (Chronique d'Egypte 57 [ 1954 ] 124 - 136 ).


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Rafał Taubenschlag, Bruno Snell (aut. dzieła rec.). "Griechische Papyri der Hamburger Staats- und Universitäts-Bibliothek mit einigen Stücken aus der Sammlung Hugo Ibscher", eingeleitet von Bruno Snell, Hamburg 1954 : [recenzja], The Journal of Juristic Papyrology, 530-535,