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APIS Translation (English)

(Column I) Copy of a record of legal proceeding. From the minutes of ..., defensor of the Arsinoite. In the consulate of our lord Constantius for the 2nd time and Constans for the 1st time, Augusti, Pachon 22. In the presence of NN son of NN, Chairemon son of Gerontios, Gerontios son of Ammonios, and Hierakapollon, councillors, and NN (office), Neilos the Nilometres, Anoubion chief assistant and Elias and Sambas public servants of the defensor, Taesis and Herais, daughters of NN, from the village of Karanis, acting through their mandatary Nilos, who is present, petition against the heirs of Atisios. Theodoros, advocate, read: "In the consulate of our lords Constantius for the 2nd time and Constans for the 1st time, Augusti, Pachon 15. Aurelia Taesis daughter of NN from the village of Karanis of the Arsinoite nome to the husband of her other sister Herais, Aurelius Nilos son of NN, from the metropolis, greetings. Since a lawsuit has arisen between us and the heirs of Atisis concerning [property, of which they allege that they] belonged [to our father] Atisis, even though they have absolutely nothing to do with hm, and since I myself am not able [because I am a weak woman, to represent myself] before the defensor, who at the instructions of his Highness the Prefect of Egypt [to whom we submitted a petition?] has been given us as judge, therefore I appoint and authorize you and give you full power to conduct the proceedings against them . . . in accordance with the rights which belong to us, as if I were present. This mandate is authoritative and secure with respect to everything which will be transacted there. I have drwn up this mandate, which is authoritative wherever it is produced, in a single copy for you. I, Aurelius Morion, wrote for her because she is illiterate." After the reading, Theodoros, advocate, said, "My clients, being burdened improperly and contrary to the laws concerning plots of land which do not belong to them, have fled through petitions before his lordship the most brilliant prefect of Egypt, Flavius Philagrius, and permit me to enter into the record what his highness ordered." The defensor said to Theodoros, "Read the orders of my lord the most brilliant prefect of Egypt, Flavius Philagrius." And he said, "I will read it." And he read, "Flavius Philagrius to the defensor of the Arsinoite, greetings. What Herais and Taesis have requested, you will be able to learn from the copy (Column II) of the attached petition. Take pains to give the necessary consideration to their request in accordance with the laws, but with no impediment to the collection of public dues in any way. Farewell." After the reading he added, "I shall now read the petition as well." After reading this, he added, "Neither thoughtlessly nor at random did my clients submit a petition to the Prefect." As he was continuing, Alexandros, advocate, said "Objection!" The defensor civitatis said to him, "State your objection." Alexandros said, "It would have suited my clients to plead the case before the higher court in order to have our opponents undergo punishment when their malice became evident. For there is nothing but malice in the petition which they submitted to the Prefect. And now I shall formally depose before this august court the objection which I just now proffered in order to prove to Your Excellency that our opponents have set the court in motion against us totally without reason. I have come before the court, relying on a divine and venerated law of our masters, the eternal Augusti, which provides that IF ANYONE IS IN POSSESSION OF PROPERTY FOR A PERIOD OF FORTY YEARS, HIS POSSESSION IS IN NO WAY TO BE REMOVED FROM HIM NOR IS THE DATE OF THE INCEPTION OF POSSESSION TO BE INVESTIGATED. "Now the father of our opponents owned in the vicinity of the village of Karanis fields which had been made over or ceded to him, we do not know which. He performed the cultivation of these fields, appropriated their produce to his private purse and likewise paid to the imperial treasury the public taxes levied upon them, with no dispute arising during the entire forty-five years in which he, I mean the father of our opponents, who incurred no reproach, was in possession. Now it seems, to be brief, that the father of our opponents died leaving as heirs his daughters, I mean our opponents, who, unable to meet the taxes demanded on the said fields, took to flight. What could the praepositus pagi do? Having an eye at once to his own safety and to the public revenues, he came to the village and assigned these fields to the peasants for cultivation. But one of our opponents married Nilos, the man here present in court, and made a claim against the villagers to collect rent because they had cultivated the plots during the previous year. She demanded rent and appropriated it to her private purse on the ground that she was still the owner of the land. "Therefore, since they deceived the higher authority, (Column III) I beg leave to read the divine an venerated law of our masters, the eternal Augusti, which provides that IF A PERIOD OF FORTY YEARS HAS ELAPSED WITH A PERSON IN POSSESION OF PROPERTY, NO ONE IS IN ANY WISE TO PROCED AGAINST HIS PROPERTY OR DISSOLVE HIS LONGSTANDING POSSESSION." The defensor said to him, "Read the divine and venerated law which you say you have at hand." "OUR MASTERS CONSTANTINE AUGUSTUS AND CONSTANTINE AND CONSTANTIUS MOST NOBLE CAESARS TO THE SENATOR AGRIPPINUS: IT IS OUR PLEASURE THAT CONSIDERATION BE TAKEN ALSO OF THE LENGTH OF THE POSSESSION TO THE EXTENT THAT, IF IT IS ESTABLISHED BY INQUIRIY FROM THEM THAT THE PROPERTY (?) WITH WHICH THE INVESTIGATION IS CONCERNED HAS BEEN HELD FOR FORTY YEARS, NOT EVEN THE GROUNDS OF THE POSSESSION BE INVESTIGATED. IT IS OUR PLEASURE MOREOVER THAT, SINCE LEGAL GROUNDS OF POSSESSION ARE NECESSARY (?) ONLY FOR PRESCRIPTION AFTER TEN OR TWENTY YEARS, THE PRESENT HOLDER BE AWARDED THE PROTECTION OF THE COURT, (etc.)." After the reading, the defensor said to Alexandros, "You should read also the deed of cession issued to them, in order that we may know the interval of time and that action may be taken in accordance with the divine law." Alexandros said, "Whether the fields were made over or were ceded, we do not know, for it was a long time ago." The defensor said to the advocate Theodoros, "How long is it since your (clients') father died?" Theodoros said, "Not long." Alexandros said, "The space of forty years and more has elapsed with them in possession of the fields." The defensor said to him, "How many years is it since the official survey by Sabinus the then censitor?" Theodoros said, "Barely thirty-three." The defensor said to him, "Who gathered in the harvest last year?" Theodoros said, "The villagers." Nilos, appearing on behalf of Herois and Taesis, said, "The villagers." Theodoros said, "Since my clients had been in flight for five years and more and were living away from the village, and since the taxes on the land devolved upon the villagers, the latter cultivated the land. Then, when my clients returned to their native village, the villagers handed over to them the fields. But they handed over also the property from the estate of Atisios, because the actual owners of that property were firmly maintaining their claim that the land was absolutely not their own. For this reason, my clients fled for refuge to my lord, the most illustrious prefect of Egypt, Flavius Philagrius, to ask that they should not be troubled in any way on account of the said fields, but that each one should keep his own plots and not be held responsible for others' plots. Therefore, since the villagers, who can attest whose the fields are and who did the sowing of them, are also present, I respectfully request permission to bring them forward for questioning." The defensor said to Germanos, "What does Germanos, here present, say? For what reason did you villagers sow this land?" Through Anoubion, interpreting for him, he said, "We sowed these fields as a precaution lest the taxes devolve upon us." The defensor said, "And how long is it since you began sowing them?" Through the same interpreter he answered, "We sowed them for one indiction only." The defensor said to him, "And how is it that you have now handed them over to Nilos and the women?" Through the same interpreter he answered, "Because we agree that the fields are their property." The defensor said to him, "Did you give them back the land under seed?" Through the same interpreter (Column IV) he answered, "No, but we gave them three artabas of wheat for each aroura." Theodoros, advocate, said, "He lies. My clients received nothing, but were compelled . . . to accept (?) . . . the said plots." The defensor said, "Then, if you were being compelled, you ought immediately to have complained through petitions and above all not have accepted rent." Nilos said through the interpreter, "I did go immediately to the praepositus, and he said to me, `Bring a petition before the Prefect.'" Alexandros said, "Well, then, in order the more completely to convince your Grace, there is also a house in this city registered in the same name (i.e., Atisios) and held by our opponents from their father's succession." The defensor said to Nilos, appearing on behalf of Herois and Taesis, "You have heard him, your opponent, say that you possess also a house registered in the same name as the plots, and you must depose whether or not you are in possession of a house or part thereof." Nilos said through Anoubion, the Chief Assistant acting as interpreter, I do not know if there is a house." The defensor said to him, "Well, then, who pockets the rent?" Through the same interpreter, he answered, "Nobody. It has burned down." The defensor said to him, "How is it, then, that at first you denied there was a house in this name, and now you admit that there was but that it has burned down?" Nilos replied through the same interpreter, "Because-I don't know anything. And they haven't received any rent." The defensor said, "Whereas a divine and venerated law of our masters, the eternal rulers, set down in the records of My Mediocrity, expressly orders that IF A PERIOD OF FORTY YEARS HAS ELAPSED WITH A PERSON IN POSSESSION OF PROPERTY, THE LEGALITY OF THE INCEPTION OF POSSESSION IS NOT TO BE INVESTIGATED; since in addition Germanos from the village of Karanis has deposed that Herois and Taesis and their families are in possession of property from the estate of Atisios and that because they were formerly in flight the fields were sown by the villagers; and since even the husband of Herois, appointed by the women to appear in court on their behalf, has deposed that he recognizes also the house registered in the same name as the fields: "Therefore, it follows from the divine and venerated law itself, and from the longstanding possession, and is in accordance also with the testimony of Germanos the headman of the village of Karanis, that Herois and Taesis are to retain ownership of the said plots, and are to pay the imperial taxes on them as in the past, since they possess also the house and the entire estate registered in the same name. For it is not the place of My Mediocrity, since a divine law is applicable, to disturb a longstanding possession." Nilos said, "I appeal." The defensor said to him, "..."