Select Papyri, 2.260


Greek text:   SB 5.7558
Date:   A.D. 173 (?).

Copy of application. To his excellency the epistrategos Julius Lucullus from Gaius Apollinarius Niger, Antinoite, of the Osirantinoean tribe and the Hermaean deme. Marcus Anthestius Gemellus, veteran, expressed in the will which he drew up his dying wish that his daughter Valeria Tertia also called Thaisarion, a minor, should be heir of the property left by him in the Arsinoite nome. As guardians of her orphan state he appointed me, Apollinarius Niger, and Valerius Comon, and as associate the girl's grandmother, Valeria Sempronilla. Now as it has been enjoined, my lord, by Herennius Philotas the former epistrategos and by Antonius Macron likewise that an Antinoite shall not act as guardian for any person except only an Antinoite belonging to the nomarchy, and as I myself am therefore unable to accept this guardianship which has been entrusted to me, I have subjoined for you, my lord, a copy of the decisions in such cases and beg that I be relieved of this task in accordance with these injunctions and that you order your decision to be carried out, so that I may gain relief. Farewell.

The copy is : The 11th year of the Emperor Caesar Titus Aelius Hadrianus Antoninus Augustus Pius, Mesore 6. Eudaemon son of Hermaeus having been summoned in consequence of a petition, and Dionysius having come forward and the petition presented by him having been read, Philotas said : What by origin was the person who appointed Eudaemon a guardian ? Apollonius the younger said : He was a Roman residing at Ibion Panukteris. Philotas said : He did right to refuse this duty if the person who appointed him guardian was not an Antinoite, for he is not obliged to act as guardian of the property of any person other than an Antinoite belonging to the nomarch. Apollonius said : We will prove that they undertook the guardianship and have done all the work of guardians. Philotas said : It has been decided that Eudaemon is not bound to act as guardian except only for an Antinoite. But, if he undertook the actual guardianship, I will provide a judge and auditors. Apollonius the younger said : "Eudaemon son of Hermaeus did not undertake it, his . . . undertook it." Philotas said : Is he an Antinoite ? Is he an Antinoite ? He replied : " Yes, and he asks your clemency." Philotas said : "I will provide a judge and auditor in one, who shall investigate whether he undertook the guardianship and examine the accounts and compel the ... to deliver whatever is found in their possession to him who is to be appointed guardian. And the exegetes of Hermopolis shall see to the appointment of a guardian." Thracidas said : Lest we be thought to have suppressed the fact, we certify that we owe . . . and a half talents to the orphan girl. Philotas said : "Your statement has been taken down." Dioscorus said : We ask that the prospective guardian be appointed with the same rights as those with which Eudaemon was appointed by the will. Philotas said : He shall be appointed with the same rights. Dioscorus said : "If you please, give us the auditor." Philotas said : I give you Hermias the ex-agoranomus and ex-cosmetes.

(Copy) of another. Antonius Macron to Aphrodisius, officiating exegetes of Antinoopolis, greeting. With regard to the Antinoite orphans about whom you write, for their property there appoint as their guardians reputable and suitable persons, but for their property in other nomes write to the strategoi to choose suitable and reputable persons . . . The 22nd year of the Emperor Caesar Trajanus Hadrianus Augustus, Phamenoth 9.

Copy of the subscription. Announce to the relatives of the orphan who petitioned me that your request has been approved. If the outcome of the judgement . . . the guardianship, you are aware that as regards the past you have withdrawn at your own risk. Year 13, Pauni 2. Deliver.

papyrus 261

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