Select Papyri, 1.41


Greek text:   BGU 1121
Date:   5 B.C.

To Protarchus from Dionysia daughter of Achilleus, of civic rank, with her guardian Eudemus son of . . ., and from Hierax son of Tithoes and Papus son of Andronicus, both Persians of the Epigone. Concerning the matters that have been in debate we agree with each other on the following terms. Whereas Hierax and Papus have leased from Dionysia for three years from Thoth of the current 26th year of Caesar the papyrus marsh belonging to her and her son, who is a minor, Achilleus son of Ptolemaeus, in the area of Arsinois also called Eurylochu in the place called Colpus, which marsh was formerly owned by Hierax son of Hierax under its present boundaries, being bordered by the place called Batheia and that which bears the name of Dioecetu and by Pisat and Emoui and for a certain distance by Telkaror, at a fixed yearly rent of 5000 drachmas of Ptolemaic silver free from deduction of any kind and clear of expenses, on the understanding that they shall pay this sum to Dionysia every year in monthly instalments of 250 silver drachmas from Thoth to Mecheir and of 583 drachmas 2 obols from Phamenoth to Mesore; they shall therefore take up the lease on these terms for that period. It shall not be lawful for them to pay the workmen employed under the lease more than the current wages at Colpus, and they shall make a special payment every year of 100 loads of papyrus with six bundles in each, and in working the property leased they shall . . . the suitable portions and treat the remainder with due consideration and not use pickaxes (?) nor gather immature . . . (?) nor cut from boats (?) nor work the property partially (?) nor sell articles made of rushes (?) nor sublet the land to others nor pasture either their own or others' cattle in the marsh, and whatever cattle they find there they shall remove at their own cost, and they shall . . . the marsh at the proper times, and the streams and the cross cuttings on their land they shall fill in and excavate and reshape and render navigable, just as they received them, at their own expense. And in the event of . . . aggression or inundation or destruction of wood, or if owing to civic causes or through government . . . there is a stoppage (?), or if any circumstance natural (?) or supernatural affects the lease, Dionysia shall have no responsibility and it shall not be lawful for the lessees to abandon the lease within the period. If they infringe any of these conditions, they shall straightway be liable to arrest and be imprisoned until they . . . have paid to Dionysia the amount which they owe for rent increased by one half and for every load which they fail to deliver the current price and in addition a penalty of 1000 silver drachmas; and it shall be lawful for Dionysia, if they break their contract, to evict them within the period and lease the land to others and exact the deficit as it stands at the date of reŚletting, Dionysia having the right of execution upon the lessees or any one of them whom she chooses and upon all their property as if by legal decision, all assurances produced by them and all resort to protection being invalid. But if they fulfil the contract in accordance with the conditions above stated, Dionysia shall give them undisturbed possession of the lease for the period and allow them to appropriate the fruits of it and not evict them within the period nor exact any further payment, otherwise she shall herself forfeit the damages and costs and the like penalty as if by legal decision, in addition to the agreement remaining valid. The lessees shall deliver the 100 loads at the harbour of Anolmethius. We request (your sanction).

papyrus 42

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