I I O J O U R N A L OF PAPYROLOGY
decaprotes (cf. B G U . 579 and T h e a d . 26 and 2 7 ) , № 15.4 ( 4 / 5 t h cent. A . D . ) a letter concerning the case of an appointment of διάκων ( a n ec-clesiastical official, cf. Giss. 54, 101) as άτταιτ^ττ/ς άννωνψ π [ α ] ρ [ ά ] την νομοθισίαν των βασιλέων (cf. С. T h . X V I , I I , 2, 9 on privileges of the c h u r c h ) .
M . H O M B E R T and C . P R É A U X , Les papyrus de la Fondation Egypto-logique Reine Elisabeth. Chronique d'Egypte № 27 ( 1 9 3 9 ) , p. 161-170; № 2 9 ( 1 9 4 0 ) , p. 134-149; N ° 30 ( 1 9 4 0 ) , p. 286-295.
T h e s e editions are a continuation of the former publication in C h r o n . d' E g . № 2 5 ( 1 9 3 8 ) , p. 139ff. and contain in the issue of 1939, Ε 7201 ( 5 2 3 A . D . ) , a contract of delivery, and Ε 7360a) ( 2 n d cent. A . D . ) a f r a g m e n t of a κατ' οικία ν απογραφή, in the issue of 1940 an account of the temple of Socnopaiou-Nesos of the 2nd cent. A . D . and receipts on taxes of the 2nd and 3 cent. A . D .
P . T O N D I , Papiri fiorentini mediti. Äegyptus X X ( 1940), p. 1-30. T h i s collection contains beside some not-legal papyri, in № 2 ( 8 2 / 9 6 A . D . ) a sale, in N ° 3 ( 5 t h cent. A . D . ) a barter, άντικαταλΚαγη, in N ° 4 ( 7 6 A . D . ) a typical form of lien in the national law, where the contract of loan and contract of sale are separated ( c f . Taubenschlag, Law 2 0 5 ) .
M . D A V I D , В. A . van G R O N I N G E N , J . С . van O V E N , The Warren Papyri, L u g d u n i Batavorum, E . J . Brill 1941.
T h e 21 G r e e k papyri collected by the late E . P . W a r r e n had been entrusted f o r publication to A. S. H u n t , w h o edited nine of them before his lamented death in 1934. T h r o u g h the kind intercession of M r s . A . H u n t , H . J . Bell and M . Т . C . Skeat the collection was given to the Leyden Papyroiogical Institute by H . Asa T h o m a s , Esq., its new owner. T h e Institute undertook to publish it. T o the texts previously published, there was as a rule not much to be added or altered.
N ° 1 ( 1 6 4 or 165 A . D . ) is a d r a f t of a petition to L . Sillius Satrianus, already published by H u n t , Bull, de l'Inst, franc, d'Arch, orient, du Caire, X X X , 447 = SB. 7472. I n this d r a f t a previous petition is not only men-tioned but apparently transcribed in f u l l (1. I 6 f f . ) I t is necessary t o start f r o m the latter petition in order to try to explain the f o r m e r . M a r i n u s was involved in a quarrel concerning a νίστκ (1. 20, 32 cf. 1. 1 8 ) ; ίξομοΚογησάμινος in 1. 21 seems to prove that it had been admitted or acknowledged. A stratèges, perhaps even an epistrategos, has given a decision (11. 2 4 - 5 ) allowing the parties to refer to the higher resort, probably Satrianus himself. Consequently at a later date, viz. on December 2 4 t h (1. 2 7 ) , M a r i n u s has done something connected w i t h sowing (1. 2 7 ) . B u t
S U R V E Y O F P A P Y R I I I I
his adversary has chased either M a r i n u s or his agent or lessee f r o m the fields in question (1. 2 9 ) . F o r t h a t reason M a r i n u s asks S a t r i a n u s t o take the necessary measures against his adversary. S a t r i a n u s issues a provisional o r d e r (11. 3 7 - 9 ) to the strategos not to do a n y t h i n g t o the p r e j u d i c e of the fisc.
T h e f o r m e r petition r e f e r s to the l a t t e r (11. 3 4 ) and t o S a t r i a n u s decision in 11. 5-6. T h e last p a r t 1. 6 and 11. 7-9, mentioned the f u r t h e r steps taken by M a r i n u s . A p p a r e n t l y there w a s a f t e r w a r d s a certain delay (11. 1 0 - 1 1 ) w h i c h induced him to apply once again to Satrianus.
I n 11. 18 w e read : άντίκατίσ[την.. .προς 2 . J τινά πίρ\ πίστεως f . . ] Ιζομολο-γησάμΐνος κτλ", πίστα reappears in 1. 3 2 and ίξομολογησασθαι perhaps in 1. 30. H u n t r e f e r r e d t o § 18 of the Gnomon of the Idiologus. C o n s e q u e n t l y he explains the m a t t e r as a case of fideicommissum; M a r i n u s holds t h a t he has a right to half of it on account of the εξομολόγησα whereas S a r — denies its existence. If this is t r u e , it seems to f o l l o w t h a t Satrianus, being superior to the strategos (1. 2 5 ) , w a s the idiologus. A f t e r the first petition i n t e n d i n g to decide the m a t t e r at t h e conventus, he gives to the strategos the provisional o r d e r mentioned in 11. 3 7 - 3 9 . T h e r e are h o w e v e r t w o serious objections against this i n t e r p r e t a t i o n . F i r s t , if really the idiologus had an interest in the question, it is at least r e m a r k a b l e t h a t t h e r e has been such a l o n g delay as to compel M a r i n u s to present ^ second petition. T h e r e is a n o t h e r objection w h i c h is shared by W e n g e r , w h o m the editors c o n s u l t e d : as a m a t t e r of f a c t nearly e v e r y t h i n g which points to a fideicommissum and t o the p a r a g r a p h of the Gnomon, is restored in the l a c u n a e : the idiologus (1. 1, 16, 2 5 ) , the h e r e d i t a r y l a w (11. 2 2 - 3 ) . T h e r e are exactly t w o w o r d s ( v i z . π ί σ τ α , 1. 20,11. 2 4 - 2 5 ? , 1. 3 2 ) and ίξομολογν,σθαι (11. 21, 3 0 ? ) on which the theory rests w h e r e a s it is not even certain t h a t πίστα really m e a n s a fideicommissum ; the Gnomon speaks of η κατά πίστιν κληρονομιά. If w e take πίστα in its general sense the i n t e r p r e t a t i o n of o u r text should s t a r t f r o m the identity of πίστα w i t h the L a t i n fiducia viz. cum creditore contracta, i.e. a surety, as w e find in O x y . 4 8 6 = M . C h r . 59
( 1 3 1 A . D . ) . I n t h a t case the t h i n g s w e r e as f o l l o w s : M a r i n u s w a s in the possession of an estate, w h i c h had been given to him as a surety, b it w a s involved in a process concerning this w i t h S a r . — T h e point at issue m a y have been t h a t the l a t t e r claimed t h a t this estate did not belong t o the surety, or t h a t the debt had a l r e a d y been paid. M a r i n u s , however, argues t h a t the s u r e t y had been duly a c k n o w l e d g e d . T h e m a g i s t r a t e at whose bar the pro-ceedings w e r e instituted, leaves the case to S a t r i a n u s . M a r i n u s presents to the l a t t e r a petition and the request t h a t no change should be b r o u g h t in the condition of the estate, as long as no decision has been taken. Satrianus, for the time being, contents himself w i t h o r d e r i n g the strategos to take
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care that the estate suffers no loss. T h e n a new delay induces M a r i n u s to write a second petition. If we adopt this interpretation, then the vir egregius Satrianus is certainly not an idiologus. T h e fisc being interested, it is perhaps better to think of a δίοικητης or of a SiKcuoSoty: ; both magistrates assisted at the conventus. But it is not known which of them was competent in matters of 7Γΐστΐΐ.
№ 6 ( 1 9 8 / 9 A . D . ) is a contract of deposit (already published by H u n t , Aegyptus X I I I , 243 = SB. 7 5 3 5 ) , № 5 ( 1 5 4 A . D . ) a receipt of a shipper (already published by H u n t , Aegyptus X I I I , 241ff. = SB. 7 5 3 4 ) , № 12 ( 1 7 9 A . D . ) a receipt of rent, № 9 ( 1 0 9 A . D . ) an agreement for payment of arrears (already published by H u n t , Mél. Masp. I I , 12ff. = SB. 7 6 6 3 ) , № 10 (591 A . D . ) a loan of money upon mortgage (already published by H u n t , Studi in onore di S. Riccoborw I ( 1 9 3 6 ) , p. 523ff. and by David and van G r o n i n g e n , in Papyrologisch Leerboek N ° 5 1 ) , № 11 ( 9 8 A . D . ) a lease of land, N ° 2 ( 7 2 A . D . ) a notice of birth, an υπόμνημα imуеитрт««« in the usual form and addressed to the amphodarch, № 3 ( 3 5 0 A . D . ) an application for transfer of taxation (already published by H u n t , Studi in onore di S. Riccobono I, 5 2 1 f f . ) , № 7 ( 4 t h cent. A . D . ) tax receipts ( a l -ready published by H u n t , Aegyptus X I I , 245ff. = SB. 7 5 3 6 ) , № 4 ( 1 3 9 A . D . ) a testimonial concerning the ιπνθήμίροτ duty, in its usual form (cf. W i l c k e n , Grundzüge 3 3 4 ) . № 13-20 are letters. A m o n g these, № 14
( 2 n d cent. A . D . ) which the editor interprets, correctly as I think, as fol-l o w s : Osorapis, the stofol-listes, has borrowed f r o m a certain Apofol-lfol-lon, a capital probably amounting to no less than 12,000 drachmae. Apollon dies and Osorapis intends paying his debt to Apollon's widow. T h e in-terests for the month of H a t h y r have been paid to the latter through T h e o n ' s sister, Arsous. F o r the repayment of the capital, Osorapis again wishes to act through a friend, in this case T h e o n himself. Consequently he has remitted the money to the account of T h e o n ' s brother-in-law Harthonios. As soon as Apollon's widow will give back the bonds signed by Osorapis, the money will be paid to her through T h e o n and perhaps, Arsous. T h e letter contributes f r o m the legal point of view to our knowledge of manda-tum, the extinction of obligation by solutio, and the importance of the instruments on occasion of the performance of the obligation (cf. T a u b e n -schlag, Law 3 1 7 ) .
Ε . L O B E L , С. Η . R O B E R T S and Ε . P . W E G E N E R , The Oxyrhyn-chur Papyri, X V I I I , London, 1941.
Like the m a j o r i t y of the previous volumes the present volume is of composite character. O f theological f r a g m e n t s there are only two, but literary f r a g m e n t s are numerous. T h e documents are d r a w n f r o m the
