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An unusual monastic agreement by wib16063


									An unusual monasticagreement
from Ryzantinetrgypt
fu B.C.McGing.
The city of Dublin is graced by at least two particu-                                                                                   8 t h c e n t u r y( P . L o n d . 1 . 7 6 p . 2 3 1 ) t h e b i s h o p H e r -
larly fine collections of manuscripts, in the Chester                                                                                   monthis leaves in his will to his disciple the priest
Beatty Library and in the Library of Trinity College.                                                                                   Victor, all he owns, and the possession                      and govern-
One of the lesser known glories of the latter is an                                                                                     ment of his monastry3.
excellent and important coliection of papyri from                                                                                           2. Il before he dies. he leaves Eulogios to go
Egyptt. They date from all periods of papyrus use,                                                                                      elsewhere, monasterywill passto Eulogios.
Pharaonic, Ptolemaic, Roman, Byzantine and one or                                                                                           3. If he brings anotherpersoninto the monasteryto
two small pieces from after the Arab conquest; and                                                                                      be senior to (?) Eulogios. and does this without
they are written in Egyptian, in its various forms, and                                                                                 Eulogios' permission,the monasterywill passto Eulo-
Greek. In the case of the Greek papyri it was the                                                                                       gios.
Ptolemaicdocumentsthat first caught the attention of                                                                                        On his part Eulogios simply agrees not to throw
the world when Mahaffy publishedthe first volume of                                                                                     Aioulios out of the monasteryas long as he should
the Flinders Petrie papyri in 1891.A secondfollowed                                                                                     iive.
in 1893 and for the third and last voiume he was                                                                                            The papyrusis endorsed the back as a Ópoioyío
helpedby that most able papyrologistGilbart Smyly2.                                                                                     8roÀuoeorq, agreement settle.or settlement.
                                                                                                                                                          an                   to                               This.
This was really an early undertaking in the history of                                                                                  along with its         synonymous ÓpoÀoyíu 6tu)'uttrq and
modern papyrology and badly needs the reedition                                                                                         its sometimes        synonymous6tó)'uorq,is quite a flexible
being completed by the Belgian scholar Willy Cla-                                                                                       term in the number of situationsto which it can apply.
rysse.Apart from the Oxyrhynchusdocumentssent to                                                                                        It can, for instance,describedivorce contracts (P. Cairo
Trinity, the papyri of Roman and Byzantinedate have                                                                                     Masp. II, 67154 [6th century] is a clear example). It
lain since the beginning of the century more or less                                                                                    can sometimesamount to little more than a receipt
ignored. and it is on the publication of thesethat I am                                                                                 acknowledgingthe payment of a debt (e.g. P. Cuiro
now working. The piecepresentedhere is not a book,                                                                                      Mosp.II, 67166[6th century]).The term 6ráiuor; (but
but it does belong with two other fine documents of                                                                                     not the other two) can also refer to the division of an
the same period, thus at least forming a small file of                                                                                  inheritance (e.g. P. Princ. Il, 79 [4th century]). more
papers,and just about falling under the jurisdiction of                                                                                 usual called 6toípeorq. These situations all in their
this conference.                                                                                                                        different ways imply the settlementof a dispute and
                                                                                                                                        that is the most common meaning of the term: mutual
                                                                                                                                        agreementsbringing a dispute to an end, sometimes
                                                                                                                                        made after, and in recognition of an arbitration deci-
SrrrI-lnanNr                                                                                                                            sion, or after the institution of legal proceedingsa.                       In
                                                                                                                                        the presentcasethere is no mention of arbitration or
  T.C.D.Pap.D5. 29.5 20 cm.24 August A.D.(?)
                   x               5ll                                                                                                  the law, although this by no means rules them out. It
Arsinoitenome.                                                                                                                          seems clear that there has been some dispute. the
   The highly irregular Greek of this document's evi-                                                                                   detailsof which are not explained.There is a reference
dently Coptic scribe has made some of the details                                                                                       to a letter written by Aioulios to Isak son of Sabinos
difficult to interpret, but it is clear that we are dealing                                                                             concerning the monastery, a letter Aioulios is now
with an agreement between two Melitian monks.                                                                                           declaring invalid. The most obvious explanation of
Aioulios son of Aranthios and Aurelios Eulogios, son                                                                                    what happenedis that the letter contained a promise
of Pousi. On his side Aioulios appears to make the                                                                                       by Aioulios to bestow the monasteryon Isak, and that
following undertakings    :                                                                                                              it was this which causedEulogios to try, or threaten,
   l. When he dies, his monastery and all his assets                                                                                     to expel Aiouiios from the monastery.Aioulios seems
and liabilitieswill passto Eulogios. Monks couid have                                                                                    to be in a vulnerable situation, in spite of his owner-
proprietary as well as managementrights in monaste-                                                                                      ship of the establishment:              perhaps he is an older man
ries: in a famous London papyrus,for instance,of the                                                                                     trying to guaranteehis securityin old age, against the

M a n u s c r i p t so f t h e M i d d l e E a s t 5 ( 1 9 9 0 - 1 9 9 1 )   ( ' T e r L u g t P r e s s .D o n k e r s t e e gl 9 . 2 3 l l   H A L e i d e n . N e t h e r l a n d s .1 9 9 . 1      I S S N0 9 2 0 - 0 . + 0 1
                                                           A                                                    2l

threats of the younger, stronger and apparently unscru-     that same ópo_c.  The property is bordered by three
pulous Eulogios.                                            other monasteries, presumablypart of the Labla orga-
   While the early history of the Melitian schism in        nisation, of which the implication appearsto be that
Egl'pt is well documented    (seecommentaryto 1.1).by       Mikroupsuon is not part. A year later in SB 5175 the
the time of the 6th century we get to hear very little of   same Eulogios again sells a monastery. this time to
it. There are however. two fine Byzantine documents,        Papnouthios son of Isak and to Ioulios son of Aran-
elaborate and long contracts of sale (apparently),          thios, both Melitian monks of the monastery called
which concernMelitian monks and the ópoq of Labla           Labla in the outskirts of Arsinoe. Somecommentators
at the beginningof the 6th century. They were published     have taken this to be a different monastery from that
first by A.H. Saycein 1890 and then appearedin the          sold the previous year. but the description of its
Sammelbuch 517 and 5175 s. How they relateto the
               I,    4                                      location can only mean that it is in fact the same
present document is a matter of some interest and           establishmente. we have four monasteriesalready
importance. Sayce said in his publication that they         at Labla, and the present document adds a fifth. It
were found by Flinders Petrie at Hawara in 1889,but         also adds a church - among the witnessesto the
gave no indication that Petrie reported not two. but        settlementbetween Aioulios and Eulogios are some
three.documents('deedsof the sale of monasticpro-           Melitian priests of the holy catholic church in the
perty') found buried together at Hawara in a curious        ópoq of Labla - and, interestingly.some orthodox
fashionó. Since the publication of Sayce. no other          priestsin the ópoq of Labla. When the Eulogios of SB
papyri have emerged dealing with a settlement of            5174 convertedto orthodoxy he moved out of Labla
Melitian monks at Labla near Arsinoe. and even              to Mikroupsuon, but not, it would appear.because    he
without further evidence,it would be highly probable        had to leavean exclusively  Melitian establishment: we
that the presentdocument is the third of thosereferred      can now seethat both schismatics    and orthodox lived
to by Petrie.Other factors point in the samedirection.      at Labla10.
particularly the name Aranthios: its only two occuren-         The papyrus is complete and largely undamaged.
ces in the papyri are in SB 5175 and now in the             There is one tear in line 12, obscuring about four
present document. Furthermore in SB 5175 the refe-          letters; and the ink has faded badly in some places,
              'Iou).ro-c      'Apov0íou.
rence is to             uioq               while here we    but only causing difficulty with one word in line I l.
       'Aïoul,roq        'Apov0eíou:
have               uioq                 given the highly    Judging from the regular. but broad. perpendicular
irregular orthography of our scribe. it is difficult to     lines of wear which divide the papyrus into some eight
avoid the conclusion that they are the same person.         panels, it was rolled up and slightly flattened. The
Other namesaiso overlap - Aurelius Eulogios,Pousi,          writing is acrossthe fibres.11
Isak, Aurelios Apa Ol - but theseare common names
and there is no particular indication that the overlap
of namesis also an overlap of persons.                      Tnxr
   The dates of the three texts also seem to connect
them. SB 5174has a consulardating of 512A.D. with           lfirst hancl)
referenceto the 6th indiction; S.B 5175 has a post-           l. + ró èpó dEeÀrpóEóÀoyírppovó(ovter Me)"er-
consulardate of 513 A.D., 7th indiction: it is obviously          rrovoq êv ópro Aoul"a uiog llo0ot dnd Kopqq
tempting to think that the present document with its              @eo6eÀ<píoq,
5th indiction (lst epagomenalday) starts the series,          2. napit Aiouiíco povó(ovtet toO oóto0 vopoO uió
                                                                  'Apov0eíco                           'Apoevoeítou
resultingin a date of 24 August 511 A.D. The script                           dno rópr1q YrvoÀ to0
would certainly allow an early 6th century date, and              vopoOX(aíperv).
indeedit is extremelysimilar. if not quite the same,as        3. ópoÀoyó ênr6r1 ysypóqqra óÀÀoror               ui(r
that of SB 5175.                                                  Iopívou nepi toO Èpo0povaotqpíou {pou} oiov-
   Lastly, although there is no record of why or when         4. Erlnoror êlevíret rrb êpov loptíov óyupov èortv,
it came to Trinity, there is at leasta known connection           d),)"dperd rrlv reÀeurrlv 'pou' ró EóÀoyírp
betweenPetrie, Sayceand Dublin: many of the Flin-             5. êonv rà povartlprov pou, roi oiov8rlnotar ë1ro
ders Petrie papyri were, on Sayce'sadvice, entrusted              èpoutorj firor (qpío iirat róp6oq t(r EóÀoyícp
for publication to Mahaffy 7; and it is quite possible        6. êorrv. èuv 6è dnáÀOco      dno EóÀoyírrl (óvto tQ
that this one, perhaps accidentallyseparatedfrom its              Eu)"oyírpèorrv rril povooïnprov 'poD', n qepcr
two Melitian relatives,also followed that route.                  oiov6tlnotar
   We learn from the three documentsthat the monastic         7. &v0pronovi1 provó(ovrer ènóvcrlEuÀoyícoéool eiq
zone aÍ Labla was quite substantial. In SB 5174                   ro povoorïlprov [^roD  6íXo EóÀoyío, tQ EóÀoyírp
Eulogios son of Joseph, formerly a Melitian monk                  èottv
living in the ópoq called Labla in the district of            8. trir povoorrlplv. rui êyd pèv ópol"oyó, êyó
Arsinoe8, but now orthodox and living in the monas-               Eó)"oyrog,ró èp(r d6eÀgó AiouÀíro oór é[eorív
tery called Mikroupsuon, apparently sells to Pousi,               l.rou
Melitian priest in the ópoq of Labla, a monastery in          9. dnopíryevoat dn'èpo0 (óvra écoq     to0 roi dnoOo-
                                    M A N U S C R I P T S F T H E M T D D L EE A S T5 ( 1 9 9 0 - 1 9 9 1 )

    vfrq, óq [second hand] npóroro,r. poprupópev
                                      +                                if I bring any layman or monk to be senior to (?)
    ópïqoí eÈ).uBeo-                                                   Eulogiosinto my monasterywithout the permissionof
10. turor "Ano "OÀ (rci) Toupgoq{(roi)} npeopute-                      Eulogios, my monasterywill belong to Eulogios. And
    por óyíoqroOoÀmfrg    êrrl"qoíoq MeÀerrerovoi  êv                  I on my part acknowledge.I Euiogios. to my brother
    óprpÀouÀo,                                                         Aioulios that it is not lawful for me to cast you away
11. (roi)        6rórov toó oóro0vo[po]ó,  (roi) ópïg                  from me while you live, until you die, as aforesaid.We
    oi eóÀoBéoro,tor           (roi) flopourrcrt(roi)                  bear witness, we Apa Ol and Tourbos most discreet
    Iuppd npeopurepor                                                  Melitian priests of the holy catholic church in the
12. óp0ó6co(uêv óprp Àoul"a nepi toi èvypógro                          monastic zone of Labla, and Elias deacon of the same
    roDro óq npontur +                                                 nome (?); and we Anoup and Pamoutios and Sambas
13. lthird handlèypag(n)   ènoy(opévov) e ïv6(tr-
                                         o,                            most discreetorthodox priestsin the monastic zone of
    tíovoq), {(roi)} 6(td) èpo0 'Ano}.Àóqêypáq(n).                     Labla, concerningthis deed, as aforesaid.Written on
    Tachygraphic  signs.                                               the first epagomenalday, fifth indiction. Written by
                                                                       me Apollos.'
On the back is written,alongthe fibres:                                   On the back
14. lthird handl óp,o),oyío6roÀug(er,rq)AiouÀícoeiq                       'Settlement
                                                                                       of Aioulios with Aurelios Eulogios,
    Aópt1(Àrov)  Eól"oy(rov)povó(ovtr Metrovoi èv                      Melitian monks in the monastic zone of Labla.'
15.                                 Àou),a.

 l . l. povó(ovn MeÀtrrov(rèv rQ óper Àóp),o uió;
   rcópqq.                                                             CoMMnNr.c.nv
 2. l. AiouÀíoupová(ovtoq;    'Apov0íou;'Apor-
     voítou.                                                              l. - MeÀrtro,voq.     The Melitian schism was caused
 3. l. èner6r1;    ó}"Àote; povaorqpíou.                               by bishop Melitius of Lycopolis at the beginning of
 4. l. 8qnoteê[evírfl tó; drupoveïvor.                                 the 4th century. Epiphanius and Athanasius provide
 5. l. ëoeo0otrd povaotrlpróv;oiov8rlnots;ijror                        valuable information on its origins and eariy years. It
     (npíoq iitor xép6ouq.                                             arose out of disciplinary rather than doctrinal issues.
 6. l. ëoeoOcr;        EóÀoyíou(óv; ëoeo0orro; oiov-                   and gainedan early importancewhich it later iost. out
     611nore.                                                          of its connections  with Arianism. After the 4th century
 7. l. pová(ovto;        EóÀoyíou;           6íXo
                                 lrovootqprov;     EóÀo-               there is only a series of brief notices on the later
     yíou; ëoeo0or.                                                    history of the schism,but it is clear that it continued
 8. l. to povoorrlprov;      ê(eïvoípot.                               into the 8th century. For modern work on the subject
 9. l. dnoppíyar (óvro ëclq npórerror;
                        oe;         óv;           popru-               see, for instance,F. Cabrol, H. Leclerq, Dictionnqire
     po0pev      ipeïq.                                                d'archéologie  chrétienne de liturgie vol. 4 (Paris 1921)
10. l. MaÀrtravoièv t(r óperAáp)"c.                                    col. 2428 ff; H.I. Bell, ./ews and Christians in Eglpt.
11. l. 6rórcov; peïq;fIo;rourtoq;
                    f                 IopBdq.                          The Jev,ish Troubles in Alexandria and the Athanasían
12. l. op0o8o(ot r(r óperAápÀo;êyypógou
                       êv                        roDroD;               Controversy(London 1924) 38-99; F.H. Kettler.
     npóxertar.                                                        meletianische   Streit in Àgypten', ZNW 35 (1936) 155-
1 3 .l . ' A n o À À ó .                                               193; E.R. Hardy, Christian Egypt. Church and People
14. l. Aioul"íou;pová(ovteq       MeÀrtravoiêv r(r ópet.               (Oxford 1952) 45; S.L. Greenslade, Scftrsm in the
15. L AóB).c.                                                          Early Church (ed. 2 London 1964) 51-5; L.W. Bar-
                                                                       nard, 'Athanasius and the Melitian Schism in Egypt'.
                                                                       JEA 59 (1973) 18l-9; L.W. Barnard,             notes on
TRaNslerroN                                                            the Melitian Schism in Egypt', Studia Patristica 12
                                                                       (1975)399-405;T.D. Barnes,Constantine       and Eusebius
  'To my brother Eulogios,                                             (Cambridge, Mass., l98l) 229-240.
                               Melitian monk in the
monastic   zoneof Labla,sonof Pousi,from the village                      - èv óprp AoóÀo. ÀouÀo is presumably the same
of Theadelphia;   from Aioulios, monk of the same                      place as AáB1,o, the interchange of u and B being
nome(?) son of Aranthios,from the villageof Psinol                     common (see F. Gignac, A Grammar of the Greek
in the Arsinoitenome,greetings. acknowledge
                                 I              that                   Papyri of the Roman and Byzantine Periods vol. I
whereas have written on anotheroccasion Isak
          I                                 to                         [Milan 1976] 69-70).ev ropromight be interpreted as èv
son of Sabinos   concerning monastery,
                            my             whatever                    ró ópqr ('in the region of Labla') but in view of the
letterof minehe produces invalid,but that aftermy
                         is                                            Melitian settlementin the ópoq of Labla known from
death my monasterywill belong to Eulogios.And                          SB 5174, and of the religious meaning of the word
whatever havein my possession
            I                    whetherliability or                   ópog,      zone of monasteries'(see H. Cadell, R. Re-
asset, belongto Eulogios. I leaveEulogios
                            If               during                    mondon,           et emploi de to ópoq dans les docu-
my lifetime, monastery belongto Eulogios,
              my          will                    or                   ments papyrologiques',REG 80 [967] 348),it seems       a
An agreemmt     two Melitian monks,Aoulios son of Aranthios and Aurelios Eulogios,son of Pousi.24 August 5l I A.D. (?). Trinity CollegeDublin (T.C.D. Pap.D5).
                                       M A N U S C R I P T S F T H E M I D D L E E A S T5 ( I 9 9 0 - I 9 9 I )

reasonableconclusion that the scribe must have been                         repetition, but it does not obstruct the sense.and it
aiming at èv rQ ópet Aóp)"a.                                                might just be emphatic.
   2. - ro0 oóro0 vopoi. The meaning is far from                               9. - dnopíryev.This might appear to be some sort
clear,           of the same nome' not making any                           of mixture between the present and aorist infinitives
obvious sense.The phrase does stand in the same                             dnoppínterv and dnoppiryar, but probably nu ephel-
position relative to               povó(ovroq as MeÀr-                      kustikon has been added wrongly to e standing for ut
nuvQ does to EóÀoyírppovó(ovrt in line l. Perhaps                           (a very common interchange).      and the aorist infinitive
the writer meant vop-ouin an unattastedmeaning of                           dnoppíyar was intended.
the word vopoq as 'religious order': Aioulios was a                            - (óvrc. As in line 6 this could probably apply to
monk of the same order as Eulogios (i.e. Melitian).                         either Euiogios or Aioulios, but the accustiveseems
Another possibility might be that vol^tou a mistake
                                              is                            correct here with our (: oe). It is pleonastic.but
for ;,rovou,itself an abbreviation of irov(oorrlpí)ou.                      intelligible:'I will not throw you out while you live
This seemsless likely, but one way or another Aiou-                         until you die'.
lios and Eulogios are the same either in respect to                            - ëorg ro0 roi dno0ávr1q.   One expectseither Ëroq   ro0
being Melitians, or to living in the samemonastery.or                       roi dnoOaveiv or Ëroq oó roi dno0avl]g. With a
to living at Labla (or indeed all three): it is difficult to                temporal clause,óv would also normally be expected,
see what else the writer could have had in mind. We                         but it can be omitted with Écog    and npív: seeMandila-
have the same situation, almost certainly, in line 11:                      ras, The Verb 598 p. 267.
the reading vo[po]u is very insecure,but on analogy                            - óq npontor: A ver.vodd featureof this phraseis
with line 2, is probably correct. Apa Ol and Tourbos                        that the second hand starts almost certainll' after ó_q
are describedas 'Melitian priests of the holy catholic                      (óq is certainly still in the first hand and - oxrtor is
church in the ópoq of Labla' (1.10),and immediately                         certainly in the second hand. while np is very' indis-
after, we have 'Tourbos, deacon of the same nome'                           tinct). Perhapsthe first writer left out the rvord rpoKr-
(i.e. Melitian deacon of the holy catholic church in the                    ror and then the secondwriter completedthe sentence
ópog of Labla [?]).                                                         before embarking on his section.
   - Yrvo)". The village of Psinol in the Arsinoite nome                       - puptupo0pev.Usually witnesses        sign tndividually
is otherwiseunknown.                                                        in the first  person singular in their own hand. Here
   3. - ópoÀoyó. Infinitives are expectedafter this.                        they bear witnessall together,in the same hand. after
but the writer uses the present indicative throughout                       the first person plural. I can only find two other
for the terms of the agreement.                                             examplesof poptupo0pev: P. Stas. VI, 597.16.18
   4. - è\evírer. This is presumably some form of                           (541 A8), where the text is fragmentaryand breaks off
êrqépcrr. The most likely is perhapsthird person singu-                     beforethe end of the document;and P..À/ess. 57.1   III.
lar first aorist subjunctive: ê(évmov is attested as a                      (689 A.D.). In the latter paptupo0pevis followed by
first aorist imperative (B. Mandilaras, The Verb in the                     the namesof sevenwitnesses       written in the samehand.
Greek non-literaryPapyri [Athens 1973]683 l2l p. 292),                      but after that they all sign individually in their own
and er for q is common (Gignac, A Grammar vol. 1                            hand and in the first person singular. One might
p.239). It also seems possible to divide the words                          suggestthat the presenttext is a draft or summarized
differently and come up with è(evrrceírc'r- third                           copy of the deed,but in that caseit is strangethat it is
person aorist imperative: 'let him produce whatever                         not all written in the samehand.
letter of mine (or, howsoeverhe producesmy letter), it                          10. -   dyíuq ro0oÀrrfrq êmÀr1oíoq. In the 4th
is invalid'.                                                                century the Melitians called themselves      'the
                                                                                                                              church of
   6. - (óvto. As the Greek is so irregular, it is not                      the martyrs' (èrrÀqoía trroptuprov),    while the orthodox
immediately clear whether the participle applies to                         were 'the catholic church' (èrrc),r1oío      ra0oÀtrcq) -
Aioulios or Eulogios. It makes more sense,however,                          Epiphanius,Panarion 68.3.7.It seemsodd that here
with Aioulios: 'if in my lifetime I leave Eulogios', to                     two of the witnesses    style themselves   'Melitian priests
be contrastedwith perd rrlv rel"eurr1v line 4.
                                          in                                of the holy catholic church.'
   - gépro.I take this as another condition after êáv: 'if
I leaveEulogios...,or if I bring ...' géprllshould then
be a subjunctive, but as the scribe got an aorist                           Posrscnrpr
subjunctivein dnóÀOco      (and probably another one in
è(evírer), he was   probably thinking of the indicative.                      This article was delivered for publication in 1988.
   7. - è.nava.While this might just mean               the                 Since then a full edition of, and commentary on, the
presenceof, it would seem to have more force as                             three Melitian papyri referred to, has appeared in
           in standing to': Aioulios cannot bring anyone                    T.vche (1990) 6'7-94,
                                                                                   5               where I have presenteda much
into the monastery who is going to be senior in rank                        more detailed, and at times different analysis. The
to Eulogios.                                                                most important differenceis that what I have called
   8. - èyó. The second êyó is unnecessary,and                              here the monastic zone of Labla. I now believeto be a
should perhapsbe bracketed{èyó} as an unintentional                         single monastery of the laura type; the dispute in the
                                        B . C ' .\ Í C G I \ G .   {\   L'\L'SI \L   \ÍO\ \STIC \(;REF\íF\     I F R 0 \ Í I . ] \Z \ \ T I \ I   I (J\ PT

text concernsa cell in this monastery. not a separate   6
                                                          W.M. Flinders      Kahun,
                                                                       Petrie.     Gurohund Huxuru (Lon-
monastery.                                                       )
                                                      don 1 8 9 02 1 .
                                                          See McGingand Parke (above
                                                                                                      8 For the meaningof ópoq. seecommentaryto line 1.
                                       Nores                                                            N. Abbot. The Mctnasíerie.s               ol'the Farvm (Chicago 1937)
                                                                                                 37 and P. Barison.                            sui monasteridell'Egitto bizan-
   * Trinity College. ublin
                    D                                                                            tino ed arabo secondoi documenti dei papyri greci' Áegvptus
                                                                                                 l 8 ( 1 9 3 8 ) 7 0 . b o t h i d e n t i f i e dt w o s e p a r a t em o n a s t e r i e s .
  1 S e eB . C . M c G i n g , H . W . P a r k e . ' P a p y r i, i n P . F o x ( e d . )        O. Montevecchi.'Rrcerchedi sociologianei documenti del-
Treasure.s the Lihrary, Trinitt College Dublín (Dublin
             o.f                                                                                                                         .
                                                                                                 I'Egitto greco-romanoIII I conrratti di compra-vendita'.
r 9 8 62 9 - 3 7 .                                                                               A e g v p t u s2 l ( 1 9 4 3 ) 1 0 5 - 6 ; 1 1 7 - 8 .r i g h t l y ,a r g u e d t h a t t h e
    2 J.P. Mahaffy, J.G Smyly. The Flintler.sPerrie Pap.t'ri                                     m o n a s t e r ) ' w a sh e s a m ei n b o t h S B 5 1 7 4a n d S B 5 1 7 5 :a n d
(Dublin 1891-1905).                                                                              t h a t t h e o n l y c o n v i n c i n g e x p l a n a t i o no f h o w t h i s c o u l d
    3 For discussionof the subject.see A. Steinwenter.'Die                                       happen was that the first 'sale' was not a sale at all. but
Rechtsstellung  der Kirchen und Klóster nach den Papyri'.                                        rather a fictitious salerepresenting guaranteefor a loan.
Zeitschríft der Savígnt'-Sti/'tung                                                                    10 G. Husson. 'Recherches ur les sens
                                   ./íir Rec'htsgeschíchte 50.                                                                                      s                     du mot noo-
Kanon. Abteilung 19 (1930) 5ff; A. Steinwenter.      'Byzanri-
                                                                                                 áottov dans le grec d'Egypte'. Recherches Paptrologie 4             de
nischeMónchstestamente'.   Aegl'ptus12 (1932)55-7; P. Bari-                                      ( 1 9 6 7 ) 1 9 0 m a i n t a i n e dt h a t L a b l a w a s a M e l i t i a n p r e s e r v e .
son.            sui monasteri dell'Egitto bizantino ed arabo                                     and that therefore Eulogios had to leave after his conver-
secondo   idocumenti dei papyri grecr'. Aegl'pru.s (1938)40;
                                                 l8                                              s i o n . F o r o r t h o d o x a n d s c h i s m a t i c si v i n g t o g e t h e r . s e e
7l: A.L. Ballini. 'Osservazioni giurdiche a recenri indagini                                     H.G. Evelyn-White. The Mctnasteries                                             'n
                                                                                                                                                             o./'the trl'adi Natru.
papirologiche monasteriegiziani'.Aegt'ptus19 (1939)77-
               sui                                                                               Part II The Histor.vo/ the Mono.sÍeries                        of'Nítría and Scetis
81.                                                                                              ( e d . W . H a u s e r . N e w Y o r k 1 9 3 2 )2 4 8 - 9 : D . C h i t t y . T h e
   a On arbitration seeJ. Modrzejewski.   'Private
                                                   Arbitration                                   D e s e r Ía C í t t ' ( O x f o r d 1 9 6 6 )1 4 8 - 9 .
in the Law of Greco-RomanEgypt'. JJP 6 (1952)239-256.                                                 1 1 P r o f e s s o r a v i d T h o m a s o f D u r h a m U n i v e r s i t yw a s .
E. von Druffel, Pap.vrologíscheStutlien :tnt hy:antí                                    as always.very helpful with various matters relating to this
{tnkundentt'esen Ansc'hluss
                 ím            an P. Heidelherg -111 (ed l                                       document - for which I am grateful. I should add. how-
Munich 1970)28 n.1 argued that settlen.rents not necessa-
                                              do                                                 ever. that this is very much a preliminarl' studv. and I
rily imply previouslegalor arbitrationproceedings.                                               would not like him to be blamed for any faults or w,eaknes-
    s A.H. Sayce.'Deur contrats          du
                                 -srecs Fa;-oum'. REG 3                                          s e st h a t e x i s t i n t h e p i e c e .M y t h a n k s a l s o t o t h e B o a r d o f
        r                                                                                        Trinity Collegefor permissionto publish.

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