DOI Artikel:
Kenyon, Frederic George: Progress of Egyptology, [2]: graeco-roman Egypt
DOI Seite / Zitierlink: https://doi.org/10.11588/diglit.12422#0066
52
Progress of Egyptology.
also drop out of sight. ïhe methods of taking out a summons become
more obscure and complicated than in the earlier period.
By a curions coïncidence, two scliolars of différent nationality havo
independently undertaken an elaborate examination of a somewhat small
point of law, namely the restrictions placed on an owner's power to
alienate his property when that property was mortgaged as security
for a loan. Dr. Eabel's paper,34 which was the first to aprJear, includes
the text of an unpublisbed papyrus at Basle, of the class dealt with in his
inquiry. Prof. E. de Euggiero's study35 of the subject was written
independently, but in publishing it ho bas appended a criticism of Eabel's
views. ïhe main différence between them is that Euggiero believes the
restrictions to dépend solely on the contract in which they are embodied,
while Eabel is inclined to think that they rest upon a basis of statute
law, or of recognised principle. Both agrée that further évidence must
be discovered before certainty can be obtained ; and the issue may be left
to the professional jurists.
Of somewhat greater human interest is the question raised by Dr. H.
Lewald,30 as to whether a debtor's person could be claimed by his creditor
in case of default in the payment of his debt. Dr. Lewald admits that the
évidence is not as yet clear or complète, but considers that it points to the
conclusion that the creditor could not take action personally on his own
motion, but could only apply to the magistrate for the arrest of the debtor.
The debtor could then be compelled to work for his creditor until he paid
his debt ; but the labour did not in itself constitute a repayment. The
arrest was merely a means of bringing pressure on the debtor to make
him discharge his obligations ; the actual repayment would still have to
be in cash.
Partly légal, partly administrative, in its character is the question
discussed between Mitteis and Preisigke as to the character of the
(3^Xio6>'jK7j iyKTijcrecov. Preisigke (whose book I have not as yet been
able to see) apparently gives this office a less précise character than lias
hitherto been usual, regarding it as merely a collection of archives or-
documents bearing on the ownership and transference of land, neither
exhaustive nor compulsory; whereas Mitteis37 regards it as a complète
land registry, in which ail transfers of land must be registered in order to
acquire validity.
Another paper by Mitteis38 deals with shippers' contracts for the
transport of freights, of which he prints six texts, ail previously published.
In the department of grammar, spécial mention must be made of
Mr. Thackeray's Grammar of Septuagint Greck,™ a most scholarly and.
Progress of Egyptology.
also drop out of sight. ïhe methods of taking out a summons become
more obscure and complicated than in the earlier period.
By a curions coïncidence, two scliolars of différent nationality havo
independently undertaken an elaborate examination of a somewhat small
point of law, namely the restrictions placed on an owner's power to
alienate his property when that property was mortgaged as security
for a loan. Dr. Eabel's paper,34 which was the first to aprJear, includes
the text of an unpublisbed papyrus at Basle, of the class dealt with in his
inquiry. Prof. E. de Euggiero's study35 of the subject was written
independently, but in publishing it ho bas appended a criticism of Eabel's
views. ïhe main différence between them is that Euggiero believes the
restrictions to dépend solely on the contract in which they are embodied,
while Eabel is inclined to think that they rest upon a basis of statute
law, or of recognised principle. Both agrée that further évidence must
be discovered before certainty can be obtained ; and the issue may be left
to the professional jurists.
Of somewhat greater human interest is the question raised by Dr. H.
Lewald,30 as to whether a debtor's person could be claimed by his creditor
in case of default in the payment of his debt. Dr. Lewald admits that the
évidence is not as yet clear or complète, but considers that it points to the
conclusion that the creditor could not take action personally on his own
motion, but could only apply to the magistrate for the arrest of the debtor.
The debtor could then be compelled to work for his creditor until he paid
his debt ; but the labour did not in itself constitute a repayment. The
arrest was merely a means of bringing pressure on the debtor to make
him discharge his obligations ; the actual repayment would still have to
be in cash.
Partly légal, partly administrative, in its character is the question
discussed between Mitteis and Preisigke as to the character of the
(3^Xio6>'jK7j iyKTijcrecov. Preisigke (whose book I have not as yet been
able to see) apparently gives this office a less précise character than lias
hitherto been usual, regarding it as merely a collection of archives or-
documents bearing on the ownership and transference of land, neither
exhaustive nor compulsory; whereas Mitteis37 regards it as a complète
land registry, in which ail transfers of land must be registered in order to
acquire validity.
Another paper by Mitteis38 deals with shippers' contracts for the
transport of freights, of which he prints six texts, ail previously published.
In the department of grammar, spécial mention must be made of
Mr. Thackeray's Grammar of Septuagint Greck,™ a most scholarly and.