"Papyri Michaelidae being a Catalogue of the Greek and Latin Papyri, Tablets and Ostraca in the Library of Mr. G. A. Michailides of Cairo", D. S. Crawford, Aberdeen 1955 : [recenzja]

The Journal of Juristic Papyrology, Apr 2018

Rafał Taubenschlag, David S. Crawford (aut. dzieła rec.)

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"Papyri Michaelidae being a Catalogue of the Greek and Latin Papyri, Tablets and Ostraca in the Library of Mr. G. A. Michailides of Cairo", D. S. Crawford, Aberdeen 1955 : [recenzja]

JOURNAL OF JURISTIC PAPYROLOGY - From No. 10 begin the documents. No. 10 (46—5 B.C.)—a fragment of the contract drawn up (v. 6) Φαμεν[ώθ] έν Άλεξανδρεΰχ. No. 11—12 (III cent. B.C.) are different fragments of administrative and fiscal character. No. 13 (III cent. B.C.) and 14 (104—3 B.C.) are letters. The latter concerns the payments of 1/4 part of some slaves value. No. 15 (215—6 A.D.) (cf. my Law2 550eg) contains some expressions which remember the pap. published by P. B e n o i t and J . S c h w a r t z in Etud. de Papyrologie VII (1948) p. 17. The pap. concerns the εικόνες which have been damaged during the revolt in Alexandria in 215 A.D. No. 16 (II—III cent. A.D.) refers to a law-suit. There is the question on interests (v. 11), on duplum (v. 8) and on liturgies (v. 5). No. 17 (121—2 A.D.) is a κατ' οίκίαν απογραφή (cf. Law2 611u). No. 18 (132 A.D.) concerns the fourteenth-year census and a κατ' οίκίαν απογραφή. Bemarkable is that the pap. mentions a couple who are brother and sister; see on such unions my Law2 48, 111, 4773oe. No. 19 (187—8 A.D.) is an application for granting the status of μετροπολιται ώκτάδραχμοι (cf. my Law2 61317). No. 20 (69—70 A.D.) is a complaint for damage caused to cattle (cf. Law2 459174). In Bon. 21 (I cent. A.D.) a mother claims alimony from her husband for herself and her children (cf. Law2 142). Bon. 22 (VI—VII cent. A.D.) seems to be a report from an official to his subordinate about a riot in the village. Bon. 23 (107 A.D.) is a fragment of a contract the character of which cannot be established. One party seems to be a person, styled έγλήμπτωρ that meant the superintendent of an estate; see on his character as representative, Law2 31216. No. 24 (135 A.D.) is a contract of sale with two άπογραφαί cf. my Law2 18717; 22614; 2271S. NO. 25 (185 A.D.) is a loan of money; No. 26 (II cent. A.D. ?) a fragment of a matrimonial contract; No. 27 (II cent. A.D.) are documents concerning a lease; No. 28 (220 or 224 A.D.) is a contract with αλληλεγγύη with πράξις without correality clause (cf. Laiv2 3059); No. 29 (Byz. epoch) is a fragment of a contract. Among other documents are interesting No. 33 (116—7 A.D.) concerning the εΐσκριτικόν (cf. Law2 65754) and the letter No. 36 (Byz. epoch) Where occurs the term βάρβαρος (cf. Lau2 5le). D. S. C r a w f o r d , Papyri Michaelidae being a Catalogue of the Greek and Latin Papyri, Tablets and Ostraca in the Library of Mr. G. A. Michailid es of Cairo (Aberdeen 1955 ). This edition, the manuscript of which only just completed before the author and his wife fell victims to a riot in Cairo, contains 60 papyri, two wooden tablets and Ostraca. Sir Harold B e l l and E. G. T u r n e r have undertaken the responsibility of seeing the work through the press. No. 7 (147 B.C.) a letter concerns a mandate. The chief interest of this letter is in the name Άθμίνιος, which hitherto unknown in papyri and which seems to be Celtic. That there were Celtic mercenaries in the Ptolemaic army is well known, but they presumably came from Galatia, but the name Adminius is known as that of a chief in Britain mentioned b y Suetonius. However, the dispersion of the Celts was a fairly recent event, and there is no reason why names current in Britain should not also have been current in Galatia two or three centuries before; nor was it improbable that Gauls from the west reached Alexandria via Massalia, Bome or Carthage. Adminius description Αϊδαιος is equally unknown; b u t it suggests that famous tribal name Aedui, and though perhaps not a form of that name, may well be a Celtic tribal name. No. 11 (1/2 cent. A.D.) probably also a mandate. The writer mentions that he sent to the addressee receipts. In No 12 (I/II cent. A.D.) the writer instructs the recipient to return a false SMier to the bearer of the letter, perhaps to be returned to the writer. No. 15 (II cent. A.D.) the writer who is evidently in commercial relations with the addressee (v. 3 ff.) άποστεϊλ(αί) μοι το άπο τοϋ λόγου ιδίου έκλεϊπον, καθ' δ και αύτος χρείαν εχωΐ' έρωτώι οϋν σε Δείωι αύτάς δούναι, δς μαρτυρήσει σοί τι μεθ' ορκου. As these words show the writer has changed and orders to hand over the money to Deios who in turn will give a testimony on oath. On receipts on oath cf. S e i d l , Eid im ptol. Recht 85 ff., idem, Eid. im röm.-äg. Provinzialrecht II, 114 ff. In No. 29 ( I V cent. A.D.) we find the words that the soldiers are προτέριτοι. The word is presumably a military term and most probably derived from πρότερος and means "promoted" or "promoted to the first class". No. 38 ( V I cent. A.D.) seems to be a mandaium qualificatum. The writer writes „ I have, you know, written a letter to Julianus the most respected clothier, telling him to supply you with a striped cloak, and to give yon credit for the price of it until I come home"; on mandatum qualificatum see mv Law2 415. No. 8 (48 A.D.) is a fragment with dating from end of a document (v. 7) Διονύσιος δς και Ούαλέριο[ς] έπιδέδωκα και ώμω[λόγηκα or σα] τον προγεγραμμένο[ν]; is this not a degenerated stipulaiio?. No. 9 (92 A.D.): fragments concerning a loan or loans, apparently secured by a mortgage on a share of a house between a Roman Gaius Annius Fuscus and a Πέρσης της έπιγονης. In case of non fulfillment the creditor is entitled (v. 14 ff.) κρατεΐν και κυριεύειν του υπάρχοντος [ ] πατρικής οικίας μονοστέγου της ούσης κτλ.; cf. on lex commissoria my Low2 279 ff. No. 35 (6/7 A.D.) is not a loan but a sale on delivery (cf. my Law2 336 ff.). No. 44 (527 A.D.) is a loan of grain, from Triadelplios, Triadelphos' son, on security of farm let to him. No. 13 (150/1 A.D.) is a lease specifying alternation of crops. Remarkable is that the lessor, a woman acts with her guardian, her son, άποσυνσταθέντος, who has been appointed her representative. On the rule the guardianship of the sons is statutory (cf. my Luw1 171) and needs no an appointment (cf. my Law2 173). No. 14 (164/165 A.D.) is probably a sublease (cf. my Law2 385 ff.). No. 19 (3 cent. A.D.) is an application for lease of land. The high money rent (2000 dr. per arura) which is in addition to various payments of kind, shows that depreciation of the drachma was far advanced. No. 23 (296 A.D.) are fragments of a lease. No. 24 (296 A.D.) is a lease of land. No. 34 (6 th cent. A.D.) is a fragment of lease of land. No. 42 (566 A.D.): two documents on the same roll A.I.O.U. and mortgage R. Lease, together forming part of a marriage settlement. In the first document Aur. Jacob, Phoibaminon's son, his wife Irene and their son Resarion acknowledge a debtor 30 nom. to Aur. Rachel, Phoibammons daughter, who is betrothed to Resarion and mortgage 10 arurae of land to her as security. In the second document the same 10 arurae are leased by Jacob and his family from the same Rachel without rent but on condition that Jacob and his family pay the taxes thereon. The 10 arurae are unspecified, but to be chosen by Rachel, and the lease is terminable at her will. It is clear that no immediate and visible change results; neither land nor cash changes hands and the liability for taxes is unaltered. Rut the effect is that Rachel is guaranteed the sum of 30 nom. from her husband's family in the event of divorce or the death of Resarion, or, in lieu of the gold, 10 arurae of land. It is probable that she would not even choose the land until and unless the occasion arose to claim her rights. The mortgaged land comes, though fictitiously, immediately into the possession of the morgagee; compare Nos 43 and 44, where the loans or mortgages are on land leased on a normal lease to the creditor and so in his occupation already. The whole is merely a means of settling the εδνα on the bride; cf. ad A (v. 2—3) όμολογοΰμεν . . . οφε[ί]λειν καί χρεωστεΐν, m y Laiv2 396; on (v. 5) νομίμων σου εδνων, m y Law2 128 ff.; on λόγω ένεχύρου καί υποθήκης δίκαίω, in (ν. 9) ibid. 280 ff. ; noteworthy are the terms in B. (v. 16) ύποθηκιμαία συγγραφή and (v. 21) μισθωτική ομολογία (cf. on συγγραφή μισθώσεως, m y Law2 302). No. 43 (526 A.D.): lease of f a r m to P h o i b a m m o n (Triadelphos') son and loan of gold and grain made on t h e security of the same f a r m ; the loans are n a m e l y virtually secured b y a kind of mortgage on the land, since it is specified (1. 20) t h a t P h o i b a m m o n m a y continue to occupy it f r o m year to year a f t e r t h e expiry of the lease until t h e r e p a y m e n t of the loan. The interest on the money is payable in grain (cf. No. 35) b y a rebate on t h e rent of the f a r m . The loan of grain was free of interest if it was repaid „ a t the time of t h e coming indiction". I n lines 23 and 24 the contract is called an άντιμίσθωσις (cf. on άντιμίσθωσις, Law2 3 8 727). The t e r m seems lo be used of a contract of lease executed b y the lessor as opposed to one executed b y the lessee. No. 46 (559 A.D.) is a lease of share of f a r m f r o m Phoibammon, Triadelphos son, and his partner Victor, Kollouthos. Characteristic is (v. 20) „if I neglect p a r t of the cultivation, yon receive your share in proportion to the yield of ( ?) the properly cultivated p a r t s " . No. 47 (570 A.D.): fragment of a lease of land (?) f r o m Phoibammon, Triadelphos' son. No. 48 (572 A . D . ) : lease of pasture f r o m P h o i b a m m o n , Triadelphos' son and Victor. Interesting is t h a t in lieu of paying rent the tenants, two shepherds, undertake to do something for twenty-five nights with their own flocks. This d u t y can hardly be anything except guarding the fields or the f a r m buildings (Do ut facias?). No. 56 (6th cent.): f r a g m e n t , verso lease; recto sale. No. 59 (6th cent.): f r a g m e n t f r o m end of lease. No. 60 (6th cent. A.D.): f r a g m e n t of lease. No. 22 (292 A.D.) is a lease of three cows (cf. m y Law2 369). I n this contract the husband with the powers of a κύριος, conducts his wife's business who enjoys ius liberorum (cf. Law2 172, 177). I n No. 34 (6th cent. A.D.) is clear t h a t a certain Anoup, in p a r t nership with a n o t h e r or others agrees to rent f r o m the owner two arurae of arable land (cf. Law2 391). No. 40 (mid. 6th cent. A.D.) is a sale of land. No. 45 (540 A.D.) is a sale of land (pasturage). No. 52 (6th cent. A.D.) is a long fragment of sale of land. No. 41 (529 or 544 A.D.) deals with the surrender to Apollos' of church land b y a Bishop. No price or other consideration is mentioned except t h a t Apollos undertakes to p a y all taxes there on, b u t t h e land clearly becomes the freehold property of Apollos. I n P . Lond. 1686, a private individual transfers land to a monastery for the p a y m e n t of taxes only and t h e act is called a πράσις in spite of the absence of price, -whereas the present document is called έκχωρητική και παραχωρητική ομολογία (cf. on these t e r m s m y Law2 239; 535). The missing p a r t of the document seems to have concerned a different and previous transaction between the same parties, an emphyteutic agreement which is here confirmed (for emphyteutic leases granted by churches see J o h n s o n - W e s t , Byzantine Egypt, Economic Studies pp. 73/4; Law2 265); the parties establish, t h a t it is not permitted to the bishop or the corporation (v. 47 τω δικαίω and the note ad h.c.) of the same holy Church, or those who shall be f r o m time to time kleriko i dioiketai and bishops thereof to make any change of plan or intention or will concerning thisagreement (cf. on jus poenitendi m y Laiv2 427/8), and stipulate a πρόστιμον in case of transgression with the condition t h a i even a f t e r p a y m e n t of the fine to Sacred Treasury t h e agreement remains valid (cf. Law2 330). No. 51 (first half of the 6th cent. A.D.) is a f r a g m e n t of a deed of exchange of property (άντικαταλλαγή) (cf. m y Law2 3983). No. 55 (Reign of Maurice Tiberius (A.D. 582—602) is a fragment of a deed of division of property (διαίρεσις) (cf. Law2 220, 242.) No. 126 (538 A.D.) is probably a ομολογία διαλύσεως (cf. Law2 405). No. 54 (6th cent. A.D.) is a f r a g m e n t of contract (ομολογία) concerning inter alia, two wooden machines. No. 10 (98 A.D.) is a receipt for e m b a n k m e n t t a x . No. 21 (285 A.D.) is a receipt for tunic and cloak. No. 37 (Byzantine) is a fragment containing receipt of rent. No. 49 (6th cent. A.D.) is a fragment of receipt of rent paid b y an agent of Phoibammon, Triadelphos' son. No. 33 (5th cent. A.D.) is a petition to the assistant to the exactor of Oxyrrynchos for registration of transfer of land. I n this papyrus two parcels of land, though b o t h Ptoleminos property, were registered the one as being inherited f r o m his father, the other as being acquired t h r o u g h his wife. I n line 7 the word ύποστέματος occurs. T h e word is to be found in the 4th cent, in P . Wiirzb. 18 line 12, in t h e phrase τοϋ πολιτικού ύποστέματος, meaning all t h e landed property in the ownership of inhabitants of the city, and registered as belonging to the city for taxation purposes. Here it means the total landed property of Ptoleminos and his wife. No. 58 (6th cent. A.D.) are three fragments of a deed concerning house property. No. 53 (6th cent. A.D.) is a fragment of will, a διαθήκη and concerns the inheritance of landed property by three heirs and there is mention of the testator's brothers or sisters, who seem not to be heirs. No. 18 (3rd cent. A.D.): fragments containing an inventory of goods. The exact nature of the document is hard to determine. Besides classified inventories of goods (gold, clothing, bronze iron and wooden articles) sometimes with values, it also contains items of monthly expenditure. On inventories cf. K r e l l e r , Erbr. Untersuchungen 95 ff. No. 25 (300 A.D.) is described as an αίτησις and seems to be a claim presumably on the state, made by a contractor or foreman for wages for his gang of masons. No. 30 (4 th. cent. A.D.?): the exact circumstances of the petition must remain doubtful; but it seems that the exactor had been named as the partner or advocate of Silvanus in some law-suit, and Silvanus, suspecting him of collusion with his opponent, (v. 7) επειδή ό νόμος κ[ε]λεύει τον έξονομεν. [έξεΐναι παραιτήσασθαι], wishes to reject him, since the law considers it permissible. The further lines refer, as I understand them, to the case, should the exactor continue the suit in spite of his rejection. In this case Silvanus requests to call him by legal summons before the court (cf. on καλείν έκ παραγγελίας my Law2 500, ff.), that his rights may not be betrayed by the exactor and no alteration be made in his right of possession. No. 28 (311/2 A.D.) is a fragment of a letter addressed to the komarchs of seven villages, apparently all in a district called the 12tli pagus, which may have been, at least in part, identical with the Koite topos of Heracleopolite nome. It may have been concerned with the exemption of the sender, a sailor, from service in the state transport service and with guarantees for the provision of a substitute. No. 20 (277 A.D.): a fragment of a letter, interesting for the legal term εκτενώς used by the writer ,,I have sent to my brothers Borianos and Hermogenes in order that supplies may be provided for them diligently. Be assured that, if you are negligent in this matter, you will be in. no ordinary danger". Characteristic are the terms ,,diligentia", „negligentia". From the diptychs, No. 61, a fragment of birth (?) certificate deserves attention. It is written in Latin with half a line in Greek (v. 6).: perhaps έχρ[ημάτιζεν]. The past tense shows that Cassianus, the father of the child, was dead. Presumably the writer did not know the Latin for this formula. PAPYRI FROM THE PTOLEMAIC AND ROMAN PERIOD part II, The second part of the Hibeh-Papyri which appears after 50 years, contains in No. 172—192 new classical fragments, in No. 193—5 extant classical authors, and in No. 221—32 minor unidentified literary texts. The other papyri are of legal character. No. 196 (280—250 B.C.) is probably an extract from a „city law" of one of the Greek cities of Egypt (Alexandria ?) which lays down either the duties or the qualifications of an official styled γυναικονόμος, mentioning him in connection with an act of registration in the citizen-body. Γυναικονόμοι formed part of the constitutional apparatus of Athens (as enforcers of sumptuary legislation) only during the government of Demetrius of Phaleron who might have introduced these officers to Alexandria. No. 197 (250 B.C.) lays down the procedure (ένεχυρασία, έμβαδεία) to be followed in order to seize a security whether in movables or immovables, clearly in fuller detail than the short section περί ένεχυρασίας κ α ι . . . in P. Hal. I, 234 ff. It is not clear whether they form part of royal ordinances (προστάγματα) or of πολιτικοί νόμοι. In favour of the view that, whatever their form, they apply only to the Greek cities is the general resemblance to P. Hal. I I.e., both in phraseology (11. 1, 3 nn.) and in the mention of the Greek city institution of the θεσμοφύλακες. The most striking novelty mentioned here is the procedure έπίκρισις γης και οικιών κτλ. apparently confined to a scrutiny of property. The phrase έ]πικριτών δίκη suggests a juridical procedure. Bemarkable is the term of 20 days mentioned in fr. 1 v. 7. In Roman documents a 10 day period is laid down between the service of notice on the debtors and the grant of execution. On έξωμοσία in v. 9, cf. the note of the E. G. T u r n e r - Μ . T. L e n g e r , The Hibeh Papyri London 1955 .

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Rafał Taubenschlag, David S. Crawford (aut. dzieła rec.). "Papyri Michaelidae being a Catalogue of the Greek and Latin Papyri, Tablets and Ostraca in the Library of Mr. G. A. Michailides of Cairo", D. S. Crawford, Aberdeen 1955 : [recenzja], The Journal of Juristic Papyrology, 537-543,