Texts & Scripts from Elephantine: Object

Pap. München, BSB, Pap.graec.mon. 103 , + P.Lond. inv. 1807 (More information about the Object)

Publication No.

P.Münch. I 6 + P.Lond. V 1849 descr.

Modern Title

Disposition of an estate through arbitration

Summary

Disposition of the estate of Iakobos through arbitration, undertaken by the scholasticus Markos, who tacked on his signature at the end and made a supralinear correction to line 76. Although the widow Tapia claimed that the property at issue was jointly held by herself and her late husband alone, she agreed to divide it three ways, giving a third to each of her two children and swearing that she was not withholding anything. Her son Ioannes subsequently accused her of doing just that and offered to make Menas, the commander of the frontier region, joint heir in Tapia's place if he would remove from her the hidden property. Menas responded by exacting from her 33 gold solidi, i.e., one-third of the estimated assets. Thereupon, Tapia brought a complaint before the scholasticus Fl. Markos. Having examined both parties and questioned witnesses, he says in this document that Tapia is obligated to take another oath but is allowed to keep the disputed property because, although Ioannes had been entitled to seek exaction to redress his grievance, Menas had seized too much; Tapia can seek redress from Menas, provided that Ioannes receives one-third of the recovered gold. A last-minute dispute as to whether Tapia promised to settle with Ioannes by paying him 12 solidi was to be decided by a sworn statement of three witnesses to the proposal.

Edition

1	ἔτους πρώτου Π̣α̣ῦνι τρισκ̣αιδεκάτῃ̣ ¹ l. [τρ]ει[σ]καιδεκάτῃ δευτέρας ἰνδικτίονος
2	† Φλαύιος Μᾶρκος σχολαστικὸς ἔκρινα τὰ ὑποτεταγμένα -?-

¹ l. [τρ]ει[σ]καιδεκάτῃ

1	̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣
2	Ἰωάννης ὁ προμνημονευ -?-

1	καὶ ἡ τούτου μήτηρ ἀπὸ το -?-
2	̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣

Συήνης

1	̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣
2	πράγματα ἡ δὲ αν -?-

1	σκοπεῖν δ ̣ -?-
2	καὶ προδια -?-

1	̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣ ̣

1	ἐ̣δ̣ί̣δαξε̣ν τὰ π̣ρ̣ά̣γ̣μ̣α̣τ̣α̣ π̣ε̣ρὶ̣ ὧ̣ν ἡ κίνησις κοινὰ εἶναι αὐτῇ τε
2	καὶ τῷ μακαριωτάτῳ αὐτῆς ἀνδρί, τοῖς γὰρ κοινοῖς πόνοις προσκτηθῆναι
3	αὐτοῖς ὅσα καὶ προσεκτήθη. πλὴν καὶ τούτων οὕτως ὄντων ―
4	κατὰ κοινὴν γνώμην μεσιτείᾳ τινῶν συνελθεῖν αὐτοὺς καὶ τὰ
5	πράγματα εἰς τρία διαιρεθῆναι μέρη καὶ αὐτὴν μὲν λαβεῖν
6	τρίτον μέρος, Ἰωάννην δὲ τὸν εἰρημένον αὐτῆς υἱὸν τρίτον
7	μέρος καὶ Κακὸ τὴν αὐτῆς θυγατέρα τρίτον μέρος, ὅρκου
8	ἐπακτοῦ καταβληθέντος παρʼ αὐτῆς περὶ τοῦ ὅτι οὐδὲν ἀπεκρύψατο.
9	μετὰ δὲ τὴν διαίρεσιν τῶν πραγμάτων Ἰωάννην τὸν αὐτῆς υἱὸν
10	προσελθεῖν Μηνᾷ τῷ λαμπροτάτῳ καὶ καθοσιωμένῳ ¹ l. καθωσιωμένῳ ἀ̣π̣ὸ̣ τ̣ρ̣ι̣β̣ο̣ύ̣ν̣ω̣ν̣
11	καὶ τοποτηρητῇ τοῦ λιμίτου καὶ ἐπαγγείλασθαι α̣ὐτῷ ἀντὶ τῆς
12	μητρὸς συνκληρονόμον αὐτὸν ποιῆσαι καὶ δοῦναι αὐτῷ τὸ τρίτον
13	μέρος τῶν ἀπὸ τοῦ πατρὸς καταλειφθέντων, εἰ ἀποστείλῃ τινὰ
14	τὸν ὀφείλοντα τὰ πράγματα ἀποσπάσαι ἐκ τῆς αὐτοῦ μητρός.
15	Μηνᾶν δὲ τὸν λαμπρότατον δεξάμενον τὰς ἐπαγγελείας ² l. ἐπαγγελίας παρὰ
16	Ἰωάννου τοῦ ἑαυτῆς υἱοῦ πέμψαι ἐν ³ l. εἰς τῷ εἰρημένῳ φρουρίῳ
17	Κωνστάντιν τὸν καθοσιωμένον ⁴ l. καθωσιωμένον καὶ ἀπαιτῆσαι αὐτὴν μετὰ
18	ἐκβιβασμῶν νομίσματα τριάκοντα τρία ὡς τῆς πάσης
19	ὑποστάσεως συντιμηθείσης εἰς νομίσματα ἑκατόν, ὥστε αὐτὴν
20	ἀλλοτριωθῆναι παντελῶς τῶν εἰρημένων πραγμάτων καίτοι κοινῶν
21	αὐτων ⁵ l. αὐτῇ ὄντων πρὸς τὸν ἄνδρα. Ἰωάννης δὲ ὁ ταύτης παῖς, ἀκηκοὼς
22	τῶν εἰρημένων παρὰ Ταπίας τῆς αὐτοῦ μητρός, συνέθετο μὲν τῷ ὅτι
23	κατὰ κοινὴν γνώμην μεσιτείᾳ τινῶν διενείμαντο πρὸς ἑαυτοὺς
24	τὰ πράγματα ἀνὰ τὸ τρίτον καὶ ὅτι ὅρκος περὶ συνειδήσεως παρʼ αὐτῆς
25	καταβέβληται, εὑρηκέναι δὲ αὐτὴν μετὰ τὸν ὅρκον ἓν καὶ δεύτερον
26	εἶδος χαλκωμάτων ἀποκρύψασαν καὶ ὕστερον ἐνεγκοῦσαν εἰς μέσον,
27	ὥστε πρόφασιν δοθῆναι τοῦ μὴ χρῆναι καταπιστεῦσαι αὐτῇ, κἀντεὐθεν ⁶ l. καὶ ἐντεῦθεν
28	προσελθεῖν Μηνᾷ τῷ λαμπροτάτῳ καὶ καθοσιωμένῳ ⁷ l. καθωσιωμένῳ τοποτηρητῇ
29	τότε ὄντι τοῦ λιμίτου καὶ συντάξασθαι αὐτῷ τὴν τρίτην μοῖραν
30	τῶν καταλειφθέντων πραγμάτων, κἀκεἰνον ⁸l. καὶ ἐκεῖνον πέμψαι καὶ ἀπαιτῆσαι
31	αὐτὴν τὸ παρʼ αὐτῆς μνημονευθὲν χρυσίον· καὶ τούτῳ γὰρ τῷ
32	λόγῳ οὐδὲ ἀντειπεῖν ἔσχεν Ἰωάννης ὁ αὐτῆς υἱός, ἀλλὰ καὶ
33	ἀπραγμόνως συνέθετο. ἔλεγεν δὲ ἕτερα πάνυ πολλὰ πράγματα
34	ἔν τε ἱματίοις καὶ χαλκώμασιν καὶ γραμματείοις ἀποσυλῆσαι τὴν ἑαυτοῦ
35	μητέρα, κἀκεἰνα ⁹ l. καὶ ἐκεῖνα οὖν ἐξεδίκει ζητῶν ἀναλαβεῖν. καὶ τὰ περὶ τούτου
36	πιστούμενος παρήγαγον Ἰάκκωβον υἱὸν Πραιποσίτου καὶ Κόμιτα
37	Ἁτρῆτος καὶ Ἰακὼβ Μακαρίου ἀπὸ Συήνης οὐδὲν ἕτερον λέγοντας
38	ἢ ὅτι εἴησαν ἀκηκοότες παρὰ πάντων τῶν ἀπὸ τοῦ κατʼ αὐτοὺς κάστρου,
39	ὅτι ἐν εὐπορίᾳ ἦν Ἰακὼβ ὁ μακαριώτατος πρὸς τὴν σὴν συνμετρίαν
40	τῶν καθʼ ἡμᾶς ἀνθρώπων. παρήγαγον δὲ καὶ Ἴσακον Κωνσταντίνου,
41	ὃς ἔλεγεν Ταπίαν τὴν ἐναγομένην τεθαρρηκέναι αὐτῷ, ὅτι βούλοιτο
42	μετενεγκεῖν τὰ πράγματα ἀπὸ τοῦ οἴκου αὐτῆς εἰς ἕτερον τόπον, καὶ ὅτι
43	διʼ αὐτοῦ τὰ πλεῖστα τῶν πραγμάτων μετεκομίσθη ἐν νυκτί. vac. ? τούτων
44	μαρτυρηθέντων παρὰ Ἰσακίου ἐπελάβετο ἡ φεύγουσα τῆς κινήσεως
45	καὶ τῆς ἀντιστάσεως τοῦ ἀνδρός, λέγουσα συνηγορεῖν αὐτὸν μᾶλλον
46	ἢ μαρτυρεῖν καὶ τὸ ὅλον πρὸς τὸ κεχαρισμένον τῷ διώκοντι μέρει
47	διαπεπλάσθαι, ἔλεγεν δὲ κατὰ τὸν ἀληθῆ λόγον, ἡνίκα ἤκουεν μέλλειν
48	καταλαβεῖν ἄνθρωπον τοῦ λαμπροτάτου τοποτηρητοῦ ὀφείλοντα
49	αὐτῇ ἐπηρεάσαι ἐκ προσελεύσεως τοῦ αὐτῆς υἱοῦ, βουληθῆναι
50	ἐπιλαχόντα αὐτῇ πράγματα καὶ ἀποκεκλεισμένα ἔν τινι τόπῳ
51	ἐξενεγκεῖν τῆς οἰκίας καὶ ἀλλαχόσαι ¹⁰ l. ἀλλαχόσε μετακομίσαι, καὶ ἐκ ταύτης
52	τῆς ἀφορμῆς τὸν μάρτυρα καὶ τὸν ἑαυτῆς υἱὸν ταύτην αὐτῇ
53	τὴν πλοκὴν συνράψαι. καὶ ἐπὶ τούτοις ἀπεῖπον ταῖς οἰκείαις
54	δικαιολογίαις. ἐγὼ δὲ σκοπήσας τὰ ἑκατέρωθεν δικαιολογηθέντα
55	συνορῶ Ταπίαν τὴν ἐναγομένην ἐπʼ οὐδενὶ ἑτέρῳ εὐθύνεσθαι ἢ ἐπὶ τῷ
56	ὅρκον ἕτερον σωματικὸν καταβαλεῖν περὶ καθαρᾶς συνειδήσεως
57	καὶ περὶ τοῦ ὅτι οὐδὲν ἀπεσύλησεν ἢ ἀπεκρύψατο τῶν τοῦ ἀνδρὸς
58	πραγμάτων. τὰ γὰρ μαρτυρηθέντα παρὰ Ἰσακίου ἔδοξεν κἀμοὶ ¹¹l. καὶ ἐμοὶ
59	πρὸς τὸ κεχαρισμένον λελέχθαι, καὶ τὰ παρʼ ἑνὸς δὲ μαρτυρούμενα
60	ὁ νόμος παντελῶς οὐ προσίεται. τὰ μέντοι δεικνύμενα ἴδια αὐτῇ διαφέρειν
61	πράγματα καὶ μάλιστα τ̣ὰ γυναικῖα ¹² l. γυναικεῖα ἱμάτια ταῦτα αὐτὴν ἔχειν βεβαίως
62	καὶ ἀναφαιρέτως, μάλιστα, καθʼ ὃ παρέστησε, τὰ κεκινημένα. τὸ
63	προειρημένον χρυσίον ἀπῄτηται ὑπὲρ τῆς κατὰ κοινὴν γνώμην
64	περιελθούσης εἰς αὐτὴν μοίρας ἐκ τῶν καταλειφθέντων πραγμάτων.
65	πάντα δὲ λόγον αὐτῇ ἀκέραιον φυλαχθῆναι καθʼ ὧν νομίζει ἔχειν
66	ἑτέρων προσώπων περὶ τῆς λεγομένης αὐτῇ προστριβῆναι
67	ζημίας ἤτοι τοῦ χρυσίου εἰσπράξεως. Ἰωάννην δὲ τὸν αὐτῆς υἱὸν
68	μὴ ἐνέχεσθαι ὑπὲρ τούτου· παντὸς γὰρ ἀδικεῖσθαι νομίζοντός ἐστιν
69	τὸ προσελθεῖν ἄρχουσιν ἤτοι τοῖς τὸν τόπον ἐπ̣έχουσι τῶν ἀρχόντων,
70	ἐκείνων δέ ἐστιν μετὰ διακρίσεως καὶ μὴ οὕτως χύδην κεχρῆσθαι
71	τοῖς πράγμασιν. διʼ ὃ τὸν μὲν υἱὸν ἐλευθέρωσα ¹³l. ἠλευθέρωσα ταύτης τῆς ἐνοχῆς
72	οὐ τοσοῦτον κατʼ ἀκρίβειαν ὅσον διὰ φιλαγαθίαν, ἐφύλαξα δὲ αὐτῇ
73	πάντα λόγον ἀκέραιον κατὰ τῶν ἄλλων τῶν ζημιωσάντων αὐτήν,
74	ἐπὶ τῷ μέντοι ἐκ τοῦ ὡς εἰκὸς ἀναπραχθησομένου χρυσίου λαβεῖν
75	Ἰωάννην τὸν αὐτῆς υἱὸν τρίτον μέρος. ἐν δὲ τῷ μέλλειν τὴν παροῦσαν
76	κρίσιν ἐκδοῦναι διεβεβαιώσατο ὁ ἐνάγων προταθῆναι αὐτῷ παρὰ τῆς
77	μητρὸς λαβεῖν δώδεκα νομίσματα ὑπὲρ τελείας ἀπαλλαγῆς.
78	καὶ τῆς αὐτοῦ μητρὸς μὴ συνθεμένης τούτῳ τῷ λόγῳ, συνεφώνησ̣αν
79	πρὸς ἑαυτοὺς εἰδήσει μου ὥστε, εἰ τοῦτο δυνηθείη ὁ ἐνάγων
80	ἀποδεῖξαι νομίμως διὰ τριῶν μαρτύρων ἀξιοπίστων τῇ προτάσει
81	παρακολουθησάντων καὶ ἐνωμότως τοῦτο κατατιθεμένων,
82	παρασχεῖν αὐτῷ τὸ δεικνύμενον συμπεφωνῆσθαι. τὰ τοίνυν
83	δόξαντά μοι καλῶς ἔχειν ἐπαναγνοὺς τοῖς μέρεσιν ἐκδέδωκα †.
84	(hand 2) Μᾶρκος σχολαστικὸς καθʼ ὁ συνίδον ¹⁴ l. συνείδον ἔκρινα † † †.

¹ l. καθωσιωμένῳ
² l. ἐπαγγελίας
³ l. εἰς
⁴ l. καθωσιωμένον
⁵ l. αὐτῇ
⁶ l. καὶ ἐντεῦθεν
⁷ l. καθωσιωμένῳ
⁸ l. καὶ ἐκεῖνον
⁹ l. καὶ ἐκεῖνα
¹⁰ l. ἀλλαχόσε
¹¹ l. καὶ ἐμοὶ
¹² l. γυναικεῖα
¹³ l. ἠλευθέρωσα
¹⁴ l. συνείδον

Translation

1	In the first year [of the reign of our most divine master Flavius Tiberius Maurice, the eternal Augustus and Emperor], on Payni thirteenth, in the second indiction, [in Syene(?)],
2	† I, Fl. Markos, scholasticus, have awarded what is set forth below [---]

1	---
2	Ioannes, the one mentioned before, ---

1	and his mother ---
2	---

1	[from] Syene ---

1	---
2	property. But she/the ---

1	to examine ---,
2	and ---

---

1	explained that the property with which the inquiry is concerned belonged jointly to her
2	and to her late husband because it was by (their) common labor that
3	all that had been additionally acquired in fact by them had been additionally acquired. Nevertheless, although this is so,
4	by mutual agreement, through the mediation of some people they came to terms and
5	divided the property into three shares, (space) She herself accepted
6	a third share; (space) Ioannes, her said [son], a third
7	share; and Kako, her daughter, a third share, an Administered oath
8	having been taken by her that she concealed nothing.
9	After the division of the property, Ioannes, her son,
10	went before Menas, the most illustrious and devoted ex-tribune
11	and commander of the frontier region, and proposed to him
12	to make him (Menas) joint heir in place of his mother and give him the third
13	share of what had been left by his father if he (Menas) should send someone
14	to take away the property from his mother.
15	The most illustrious Menas accepted the proposal from
16	Ioannes, her son, and sent in the said fortress
17	the devoted Konstantios and exacted from her in
18	execution thirty-three solidi, since the entire
19	assets were estimated at a hundred solidi, so that she
20	was deprived absolutely of the said property, although
21	it was the common (property of herself) with her husband. Ioannes, the son of this woman, having heard
22	the things said by Tapia, his mother, concurred that by mutual agreement, through the
23	mediation of some people, they had apportioned
24	the property among themselves i n thirds, and that an oath about (clear) conscience
25	had been tendered by her. (space) But he found that she, after the oath,
26	h a d concealed one or two items of bronze and had later brought them into the open,
27	so that a reason was given why one ought not trust her. Then he
28	went before Menas, the most illustrious and devoted,
29	who was at that time commander of the frontier region, and arranged with him (about) the third part
30	of the property that had been left, and that man sent and exacted
31	from her the gold mentioned by her. (space) And this
32	claim her son Ioannes was unable to argue against, but
33	he concurred without objection, (space) But, he said that
34	his own mother had carried off very much additional property, including clothes, bronze vessels, and notes,
35	and therefore he was claiming them in law, seeking to recover them. And,
36	confirming the (statements) about this, I brought forward Iakkobos son of Praipositos and Komes
37	son of Hatres and Iakob son of Makarios from Syene, who (all) said nothing other
38	than that they had heard from all those in their fort
39	that the late Iakob was well off in comparison with
40	those people around us. I also brought forward Isakos son of Konstantinos,
41	who said that Tapia, the respondent, had confided to him that she wished
42	to remove the property from her house to another place, and that
43	most of the property had been transported at night by him. (space)
44	When witness had been borne to this by Isakos, the defendant assailed the action
45	and the antagonism of the man, saying that he was being an advocate rather
46	than bearing witness and that the whole (story)
47	had been concocted as a favor to the side of the complainant. (space) She said that, as a truthful claim when she heard that
48	a person was about to come from the most illustrious commander
49	to abuse her because of the proceeding (initiated) by her son, she wished
50	the property that had fallen to her lot and had been locked away in a certain place,
51	to carry out of the house and transport elsewhere and that from this
52	pretext the witness and her own son had woven this
53	web against her. And, on these (grounds) they rejected the
54	pleas of justification of their family. (space) But I, having examined the pleas of justification made on each side,
55	decide that the respondent, Tapia, is obliged to (do) nothing else than the
56	tendering of another corporal oath concerning her pure conscience
57	and concerning the (assertion) that she carried off or concealed none of her husband's
58	property. (space) For to me too the testimony of Isakos seemed
59	to have been spoken as a favor, and t h e law absolutely does not admit the testimony of (only) one witness.
60	Nevertheless, the property that was shown to be her own, to belong to her,
61	and especially the female clothes, (I decide that) she does have these as warranted
62	and irrevocable, especially the items that had been moved as she described. The
63	said gold has been exacted for the
64	part of the property that had been left and had come around to her by mutual agreement.
65	But, (I decide that) every claim is preserved intact for her against whatever
66	other individuals she believes she has a claim concerning the said
67	forfeit, namely (the) collection of gold imposed on her. But, (I decide that) Ioannes, her son,
68	is not liable for this, for (it is appropriate) for anyone who believes he has been wronged
69	to go before the officials or those who occupy the place of the officials,
70	but (it is appropriate) for them to have treated property with consideration and not so indiscriminately.
71	Therefore (space) I have acquitted the son of this liability,
72	not so much in accordance with strict discipline as out of benevolence, but I have preserved for her
73	intact every claim against the others who have caused her to forfeit,
74	on condition, of course, that her son Ioannes receives
75	a third share of the gold which will, presumably, be recovered. As I was on the point of
76	presenting the present award, the complainant strongly maintained that it had been proposed to him by his
77	mother that he receive twelve solidi as full quittance.
78	And when his mother did not concur with this claim, they agreed
79	between themselves, with my knowledge, that if the complainant should be able
80	to demonstrate this lawfully through three reliable witnesses
81	who had attended minutely to the proposal and who would pass this on in a sworn manner,
82	she would provide him with that which was shown to have been agreed upon, (space) Therefore,
83	I have read out loud what I decided was good and I have presented it to the sides †.
84	(2nd hand) I, Markos, the advocate, have decided.


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