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PRESH LIGHT 
 
 ON 
 
 ROMAN BUREAUCRACY 
 
 ^An Inaugural Lecture 
 
 'Delivered before the University of Oxford 
 on Inarch 1 1 , 1 920 
 
 ■ By 
 
 H. STUART JONES, M.A. , 
 
 Camden Professor of Ancient History in the University 
 of Oxford '' [ ''■•^'h. 
 
 OXFORD 
 AT THE CLARENDON PRESS 
 
Cornell University 
 Library 
 
 The original of tliis bool< is in 
 tlie Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924028265142 
 
FRESH LIGHT 
 
 ON 
 
 ROMAN BUREAUCRACY 
 
 ^An Inaugural Lecture 
 
 "DelfPered before the University of Oxford 
 on 3Vlarch 1 1, 1920 
 
 By 
 
 Hf STUART JONES, M.A. 
 
 Camden Professor of Ancient History in the University 
 of Oxford 
 
 OXFORD 
 
 AT THE CLARENDON PRESS 
 
 1920 
 
 {[H\\i] i;:;l/i Y 
 1 .lt:|;/\hy; ' ' 
 
l\S\\^Zt 
 
 Note. — The papyrus which forms the sub- 
 ject of this lecture is now included in Paul 
 M. Meyer's collection of Juristische Papyri 
 (Berlin 1920), No. 93; and its bearing on 
 some questions of Roman Law is discussed 
 by O. Lenel and J. Partsch in Siizungs- 
 berichte der Heidelberger Akademie der Wissen- 
 schaften, 1920, No. i 
 
 n 
 
 7.; 
 A. 
 
 k 
 
FRESH LIGHT ON ROMAN 
 BUREAUCRACY 
 
 In two years' time the foundation of Sir William 
 Camden will celebrate its tercentenary. It has had a 
 long, but not in all periods a distinguished, history. 
 Amongst the earlier occupants of the chair there are 
 few whose names are now remembered, and those few 
 won their fame in other fields than that of Ancient 
 History. In the eighteenth century the chair was held 
 in succession by a Lord Chancellor and a Poet Laureate, 
 but no one would now connect the names either of 
 Lord Stowell or of Thomas Warton with the study of 
 classical antiquity. Later still, we find Elmsley in the 
 Camden chair, but he will always be remembered for 
 the scholarship displayed in his editions of Euripides. 
 George Rawlinson, the last Professor under the old 
 statute, was also the first to rest his title to fame solely 
 upon historical research. 
 
 With the coming into effect of the reformed statute 
 there ensued important changes. In the first place, a 
 home was found for the Camden chair within the 
 walls of this most hospitable of foundations. Secondly, 
 there was found that special tie between the chair and 
 the study of Roman history which has been provision- 
 ally confirmed by a Decree of the University and is 
 not likely to be easily broken. What is of still greater 
 importance, the two holders of the chair since 1889 set 
 a standard of distinction as historians and teachers to 
 which it will be difficult indeed for their successors to 
 
4 FRESH LIGHT ON 
 
 attain. With both of them it was my privilege to form 
 ties of friendship, the memory of which I shall always 
 treasure. Henry Pelham, Scholar, and afterwards 
 President, of the Foundation of which I was for many 
 years a member, belonged by birth to that circle of 
 great families from which England has drawn, century 
 after century, a succession of fit persons duly qualified 
 to serve God in Church or State. From his ancestry 
 he drew that political tradition and intuitive grasp of the 
 principles of government which gave him a sure under- 
 standing of the growth and working of the institutions 
 of the ruling race of the ancient world ; no one could 
 have been better fitted to build on the foundations so 
 well and truly laid by Mommsen, interpreting the results 
 of the German historian's researches with a balance, a 
 judgement, and a practical insight which Mommsen, 
 condemned by the political conditions of his time to 
 a fruitless and often bitter opposition, could hardly be 
 expected to display. It was an unkind fate which first 
 visited him with partial failure of eyesight and then 
 cut short his days. But fate was even less kind to his 
 successor. Francis Haverfield, with a grasp of 
 essentials and realities as firm as that of Pelham, 
 looked at the ancient, and especially the Roman, world 
 from a somewhat different angle. He was less interested 
 in the arts of government — though in these, too, he was 
 well versed — than in the life of the governed. How 
 men lived under the Roman dominion, and especially 
 how they lived in our own island, albeit, as he himself 
 called it, ' an unimportant province in a vast and com- 
 plex Empire ' — this it was his passionate desire to know. 
 But he was well aware that only by infinite patience 
 and by the minute examination of sites and the remains 
 they have yielded up can such questions be answered ; 
 
ROMAN BUREAUCRACY 5 
 
 and he was still collecting the material for a new 
 ' Britannia ', which would have given us an adequate 
 measure of the progress of knowledge since Camden's 
 day, when his thread of life was untimely snapped. 
 One cart render him no higher tribute than to say that 
 no single scholar can complete that task as he would 
 have completed it ; it must, and doubtless will be carried 
 to its conclusion by a band of organized workers. Thanks 
 to his teaching and inspiration we have in Oxford sound 
 and vigorous traditions, and although the war took a 
 terrible toll of our younger historians — space forbids me 
 to do more than mention Leonard Cheesman and Guy 
 DiCKiNS, with whose names I would gladly couple that 
 of one who did not die by the hand of the enemy, 
 Henry Julian Cunningham — I doubt not that those 
 whom I hope I may call my fellow workers will main- 
 tain those traditions, and, I should like to add, will not 
 merely contribute to the advancement of learning, but 
 will also help to restore — as scholars can and should — 
 the broken comity of nations. 
 
 I have chosen for the subject of this lecture an ancient 
 document, discovered some years since, but only recently 
 published, the study of which will, I think, convince the 
 most sceptical that there is still progress to be made in 
 the field of Ancient History, which some perhaps believe 
 to have been wellnigh exhausted by intensive cultiva- 
 tion. If I were asked to give a title to this document, 
 I could only describe it in Greek as 6 yvdtiKov tov ISiov 
 \6yov. There may be those among my hearers .to whom 
 this phrase conveys no very precise meaning. If any 
 such person were to seek enlightenment in the lexicon 
 of Liddell and Scott, he would find amongst the mean- 
 ings of the word yva>imv a metaphorical use (like that of 
 the Latin norma) in the sense of ' a rule of life '. It 
 
 S8»4 A 2 
 
6 FRESHLIGHTON 
 
 does indeed bear this sense in the Hermotimus of Lucian 
 (§ 76), but that passage is not cited in the lexicon. 
 Here we find the usage illustrated by a not very apt 
 quotation from Theognis (1. 543), where the poet speaks 
 of judging a suit irapb. a-TaOfirju km yvcofiova — ' byline and 
 square ' — and further supported by the phrase rby yvm/iova 
 Tov iSiov Xoyov npocrixeii', cited from the Corpus Inscrip- 
 Honum Graecarum 4957. 44. There, if we assume the 
 restoration in the Corpus to be correct, the words 
 irapaKeXeva-Ofiai tw yvrnfiova tov tSiov Xoyov irpoaiyeiv 
 could have but one meaning, viz. ' I will issue instruc- 
 tions to the Controller of the Privy Purse to attend to 
 the matter.' For the document in question is none 
 other than the famous Edict of Tiberius Julius Alex- 
 ander, Viceroy of Egypt in the year of the Four 
 Emperors, of whom I shall presently have more to say, 
 and the meaning which I have assigned to the phrase 
 under consideration is that which was given to it by all 
 scholars down to and including Dittenberger, who pub- 
 lished a revised text of the Edict in the Orientis Graeci 
 Inscriptiones, No. 669. It was pointed out in the C. I. G. 
 that the sense of iSioi Xoyos was made clear by a passage 
 of Strabo (xvii. 1. 12), who enumerates amongst the finan- 
 cial officers of the imperial administration in Eg37pt 
 o Trpoaayopevofievos iSios Xoyos, 8s Twt/ dSeoTroTcou koI tS>v eis 
 Kaiaapa niwreiv 6<peiXovT<oi' e^eraarijs ka-Tiv, i. e. an official 
 charged with enforcing the claims of th&fiscus on what 
 in Roman law were called bona vacantia et caduca, i. e. 
 escheats, lapses, and forfeitures. It was natural to 
 assume that, as Egypt was treated as an appanage of 
 the imperial crown rather than a province of the Roman 
 people, the 1810s Xoyos was equivalent to the 'privy 
 purse' of the Emperors, ratio privata, as it would be 
 expressed in Latin; and that yvwii<av in the Edict of 
 
ROMAN BUREAUCRACY 7 
 
 Alexander was the title of its controller. It can now be 
 shown that the second of these propositions is untenable 
 and the first improbable. In the first place, although 
 yv&iioiv is used of persons in the sense of an official 
 inspector, as at Athens ^ and probably also at lasos,^ it 
 also bears the meaning ' tariff', rightly assigned to it by 
 Liddell and Scott on the authority of an ancient lexicon,* 
 and is not uncommon in this sense in inscriptions and 
 papyri. For example, the tariff of desert-tolls discovered 
 by Mr. Flinders Petrie at Koptos * is called a yvwjKov, 
 and, what is more pertinent to the question before us, 
 in an Oxyrhynchus papyrus of a. d. 13,^ certain dead 
 timber is claimed by the iSios Xoyos 'under the terms 
 of the tariff' (/cara tov yvS/iova), and Messrs. Grenfell 
 and Hunt, in their note on the passage, implied that this 
 was the meaning of the word in the Edict of Alexander. 
 We shall soon see that this has now been placed beyond 
 doubt, and that Dittenberger's restoration of the in- 
 scription must be revised. 
 
 Furthermore, the discoveries of the sixty years which 
 followed the publication of the third volume of the 
 C. 1. G. brought many facts to light with regard to the 
 1810s Xoyos. We learnt, for example, from an inscription 
 which, though included in the Corpus, was then but 
 imperfectly deciphered, that an official bearing the title 
 d npbs tZ iSio) X6ya> and holding the high titular rank of 
 a-vyyevfi? tov ^aatXews at the court of Alexandria, held 
 office in the time of Ptolemy Auletes (57 b. c); and 
 papyri of the second century b. c. threw some light upon 
 the nature of his functions. The most instructive of 
 these is P. Amh. 31,* from which we learn that in 
 
 ^ Lys. vii. 25 : but the reading is doubtful. 
 
 ' S.I. G. 96. 52. » A. B. 223. * O. G. I. 674. 
 
 -■ P. Oxy. 1188. « Wilcjcen, Chrest. 161. 
 
 A3 
 
8 FRESHLIGHTON 
 
 112 B.C. a revenue official named Hermias, being on 
 tour in the Pathyrite nome, received information that an 
 Egyptian lady named Senpoeris had enclosed a plot of 
 waste land without permission and planted it with date- 
 palms. The lady was called to account, and a few 
 strokes of the kurbash— delicately termed in official 
 language neidavdyKt]— sufficed to induce her to admit 
 the impeachment and to agree to the payment of 1200 dr. 
 in copper, which, according to Ptolemaic practice, were 
 treated at once as a penalty imposed for unauthorized 
 plantation and as a price paid for crown property. The 
 sum was paid into the royal bank at Hermonthis els rov 
 iSiov Xoyov Ttav ^aaiXecov, which prima facie appears to 
 mean the private account of the Crown. 
 
 Documents of the Roman period relating to the Uios 
 Xoyos were not uncommon, but they presented some 
 puzzling features. They confirmed the statement of 
 Strabo that iSios \6y09 was used as the title of the 
 administrator, besides its proper signification of the 
 fund administered ; they showed that he was an impe- 
 rial procurator or, in Greek, erriTpoTroi, and, when a fixed 
 scale of salaries was introduced, a procurator ducenarius 
 receiving 200,000 HS. per annum. We learnt from the 
 Cattaoui papyrus,^ which contains a collection of legal 
 decisions in the matter of the marriage and inheritances 
 of soldiers, that the iBios Xoyos exercised a jurisdiction 
 independent of that of the praefectus Aegypti in certain 
 cases. We found him, of course, concerned with 
 dSiinroTa, and by stretching the use of this term we 
 could explain how in the Oxyrhynchus papyrus above 
 referred to two dry branches of a persea-tree growing 
 on the tomb of the sacred animals in the village of Ker- 
 keura, reported to be of the value of two drachmas, 
 ' Mitteis, Chrest. 372. 
 
ROMAN BUREAUCRACY 9 
 
 should be claimed on his behalf. It was less easy to 
 see why, in a. d. 194, application should be made to the 
 iSios \6yos by a Graeco-Egyptian named Eudaemon, son 
 of Psois and Tiathreus, for permission to change his 
 name to Eudaemon, son of Hero and Didyme, which 
 application was granted 'without prejudice to any public 
 or private claims '} It was equally difficult to explain 
 the connexion of the iSios Aoyos with ecclesiastical 
 matters. A papyrus of the year a. d. 159-60 mentions 
 an information laid before the i'Sios Xoyos against a priest 
 of the god Soknopaios on the ground that he had 
 allowed his hair to grow and worn a woollen garment. 
 From the reign of Severus Alexander we have a packet 
 of monthly nil-returns rendered by local officials in 
 the name of Heracleopolis, whose duty it was to 
 report any neglect of duty by the clergy of the 
 village 'to the department of the i8i6\oyoi and high 
 priest'. It was largely upon the evidence of these 
 documents that scholars based the theory that the lSios 
 Xoyos was in fact identical with the ' High-Priest of 
 Alexandria and Egypt ' who in Roman times was the 
 supervisor of the Egyptian State-Church and occupied a 
 position similar to that of the Procurator of the Holy 
 Synod in Russia under the Tsars. This conjecture, 
 though it has been and still is generally accepted, is, as 
 we shall presently see, very far from possessing the 
 certainty which has been claimed for it. 
 
 Such was the state of our knowledge with regard, to 
 the iSios Xoyos up to the outbreak of the Great War. 
 That the controller of the privy purse (as he was termed) 
 was at the head of a department with which the popu- 
 lation of Egypt of all classes was brought into constant 
 
 * Wilcken, Chrest. 5a. 
 
 2 B. G. U. 16 ; Wilcken, Chrest. 114. 
 
lo FRESHLIGHTON 
 
 contact, generally to its cost, was hardly suspected. 
 His main concern, it was thought, was with the adminis- 
 tration of the imperial estates, or ova-iat, once the pos- 
 sessions of members of the reigning house, such as 
 Livia or Antonia, Germanicus, the two Agrippinas, and 
 Messalina, or of favourites and freedmen like Seneca 
 and Narcissus, but gradually absorbed by an inexorable 
 process into the vast imperial patrimony; but, as we 
 shall see, it is by no means clear that the management 
 of these properties belonged to his functions. 
 
 Towards the close of 1913 a brief note in the monthly 
 reports appended to the Jahrbuch der preussischen 
 Kunstsammlungen, a periodical mainly concerned with 
 the art treasures acquired by the Berlin Museum, con- 
 veyed to the few who read it the information that a 
 recently discovered papyrus probably found at Thea- 
 delpheia in the Fayum, and presented by William II to 
 the Museum, would, when published, be found to throw 
 much fresh light on the Roman administration of Egypt, 
 and incidentally on questions of Roman private law. 
 With the outbreak of war the curtain fell ; and it was 
 not until 1919 that this remarkable document was pub- 
 hshed, with a brief introduction and a literal translation, 
 as the first part of vol. v of the Berliner griechische 
 Urkunden. The legal and historical commentary which 
 it so sorely needs will no doubt in the fullness of time 
 be supplied by Seckel and Schubart, but under present 
 conditions we may have to exercise some patience in 
 awaiting it. Fortunately it was minutely studied by 
 Gerhard Plaumann, a scholar of great promise and 
 amazing industry, whose death on the western front 
 within three weeks of the signing of the armistice was 
 a grievous loss to historical science ; and his monograph 
 on the iSios Aoyoy, published in the transactions of the 
 
ROMAN BUREAUCRACY ii 
 
 Berlin Academy for 1918, as well as his article under 
 the same title in the Encyclopaedia of Pauly-Wissowa, 
 go- some way, albeit but a^ very little way, towards 
 supplying the want of a commentary. 
 
 The document which interests us was written on the 
 back of an account drawn up by the <TLTo\6yoL of Ber- 
 nicis, a small village in the neighbourhood of Theadel- 
 pheia, in the year a. d. 149. The Emperor Antoninus 
 Rus is mentioned in it as living, and the careful script 
 employed by the writer (who was not using his natural 
 cursive hand) points to the middle of the second cen- 
 tury A. D. The copy was probably made by the /cco/^o- 
 ypa/i/iarevs or village clerk of Theadelpheia, certainly in 
 and for the use of his office. 
 
 Fortunately the opening words leave us in no doubt 
 with regard to the nature and contents of the document. 
 They read as follows : 
 
 ro\p y]t'Sfj.oi'[os], ov 6 debs Se^aaros rfj tov lSwv \6yov 
 iiriTpoTrfj [Trap]ea-Trja-aTo, kul tS>v iiirb X^'P* aiiTW 7r[p]o(r- 
 yeyoi/OT [(»]»' ■^TOi vno avTOKparoprnv ^ o-vvkXtjItoIv rj tS>v 
 [/carJA Kaipbv kirdp^cov fj iSioov Xoycov tol kv ^€[o']a) [icei/oja- 
 Xata avvTefiav vTreTa^\a\ <tol, Swcos Tfj T\rjf\ dvaypaipfjs 
 oXiyo/iepia ttju fivrjfiriv €7rio-T77[(7ay] eiJ)(ep['Ss'] tcov wpay- 
 /idrcov irepi[K]pa,Ti}S. 
 
 and may be translated thus : 
 
 ' I have made an abridgement of the middle chapters of 
 the code of regulations drawn up by the divine Augustus 
 for the department of the i'Sios Xoyos, and the additions 
 made to it from time to time by Emperors or by the 
 Senate or by the Praefects for the time being or by the 
 iSioi Xoyoi and set it before you in order that you may 
 find in this brief compendium an aid to memory and be 
 enabled easily to deal with the cases which come before 
 you.' 
 
12 FRESHLIGHTON 
 
 The yvwiuov Tov ISCov Xoyov, then, was something more 
 than a tariff: it was a code of regulations drawn up by- 
 order of Augustus for the guidance of the department. 
 We do not, of course, possess it in anything hke a 
 complete form in our papyrus ; apart from the fact that 
 the document is mutilated towards the close, the writer 
 expressly tells us that it is an abridgement, and an 
 abridgement of a part only of the Code. It is, however, 
 fairly clear that the chapters preserved to us are those 
 which possess the greatest interest for the historian. 
 We may recall that the locus classicus of Strabo described 
 the lSios \6yos as tSii' dSeo-irorcov Kal rmv ety Kaiaapa 
 mirreiu 6(j>iL\6vT(ov e^eraa-rris, that is to say, it was his 
 duty to claim for the fiscus bona vacantia and caduca, 
 which we may here take in a wide sense to include not 
 only such 'lapses' as passed \.o\h& fiscus but all forfeited 
 and confiscated property. Now the Gnomon (as I shall 
 « hereinafter call our papyrus) has no section dealing with 
 dSea-iroTa, and I think it may fairly be assumed that 
 the opening chapters of the Code of Augustus were 
 concerned with these matters. Naturally enough, the 
 KcafMoypafi/jiaTevs might be assumed to be more familiar 
 with the customary practice in the matter of dSia-irora, 
 including, as we saw, dead timber and the like, which 
 concerned the everyday life of the village, than with 
 the complicated questions of status and inheritance, 
 which might baffle even a trained lawyer. 
 
 The papyrus is divided into paragraphs which are 
 numbered consecutively up to eighty, but no farther, 
 although there is no change of subject at that point- 
 One hundred and fifteen of these are, on the whole, 
 well preserved, and a few letters belonging to six others 
 can be read. The first thirty-six paragraphs deal with 
 lapsed or forfeited property ; and in order to determine 
 
ROMAN BUREAUCRACY 13 
 
 when such lapse or forfeiture takes place, the Gnomon 
 recapitulates, in no very logical order, a select number 
 of the rules of inheritance, sometimes of the ius civile, 
 but much more frequently of the ius gentium, and the 
 special applications of these in Graeco-Egyptian law. 
 The student of Roman law and of the local law of the 
 Hellenized East {Reichsrecht and Volksrecht, to use the 
 phrase of Mitteis) will find much to ponder over both 
 in this section arid in that which follows {paragraphs 
 37-54), where the status of persons is in question. We 
 then have six paragraphs (nos. 58-63) on the registra- 
 tion of property, six on the passport system (nos. 64-9), 
 and one which forbids officials to bid for Government 
 property. Then follows a long section (paragraphs 
 71-97) on ecclesiastical matters, which is of great im- 
 portance for the history 'of the relations between the 
 Empire and the Egyptian Church ; the remainder of the 
 document contains a collection of miscellaneous regula- 
 tions, for the contravention of which penalties were 
 provided. 
 
 What is the logical bond of union between the dis- 
 parate members of this body of rules ? Why, in par- 
 ticular, was the supervision of the Egyptian clergy an 
 affair of the iSios \6yos ? Does the name of the depart- 
 ment contain any implication with regard to its scope 
 and function ? To these very pertinent questions 
 Plaumann has endeavoured to supply an answer. We 
 must, he argues, put aside the notion that iSios Xoyos 
 means the ' privy purse ' either of the Ptolemies or the 
 Roman emperors, and interpret it rather in the sense 
 of ' special account '. When we read in the papyrus of 
 112 B.C. above mentioned that the fine exacted from 
 Senpoeris was paid into the bank at Hermonthis eh rbv 
 iSiof \6yov tS>v ^aa-iXewv this does not mean that it was 
 
 2394 A 4 
 
14 FRESHLIGHTON 
 
 « 
 
 credited to the ' private account of the crown ', but to 
 a special crown account kept for casual and irregular 
 receipts. The dSia-noTa belong to this account because 
 they are windfalls — sometimes in the literal sense of the 
 word. Forfeitures and lapses, too, form no part of the 
 current revenue of which an approximate estimate can 
 be formed. And when we come to examine the sections 
 of the Gnomon which bear on ecclesiastical matters we 
 shall find that the raison cHetre of the minute regulation 
 of public worship is the revenue accruing to the treasury 
 partly from the sale of offices of profit, partly from the 
 exaction of fines for neglect of duty or breach of obser- 
 vances. I think, then, that Plaumann is justified in con- 
 tending that all revenues not derived from regular 
 taxation, whether direct or indirect, were swept into this 
 ' special account '. It is not quite so clear whether the 
 administration of crown property, especially that of the 
 imperial domains, fell within the province of the fiSioy 
 Aoyoy. There was, as we know, an oixnaKh^ Xoyoy or 
 ' estates account ', which was credited with the revenues 
 of crown lands, and its relation to the fiSjoy Xoyoy remains 
 a matter of dispute. Certainly the yv&fmv in its present 
 form has nothing to say on the subject of the oicrtai, 
 nor can there have been room for a section dealing with 
 them in the missing portion of the roll, which was not 
 long. It is no doubt true that our Gnomon is but an 
 abridgement of a part of the Code of Augustus, but we 
 should remark, I think, that in the first place the accumu- 
 lation of ovatai in the hands of Caesar was a process 
 which only had its beginning in his reign, and in the 
 second place many of the most important, such as those 
 of Maecenas, were acquired by inheritance and not by 
 confiscation. It seems better therefore to regard the 
 ' estates account ' as a separate department, to which no 
 
ROMAN BUREAUCRACY 15 
 
 doubt such confiscated properties as were not sold by 
 auction or private treaty were transferred by the iSios 
 \6yos. 
 
 Under the Empire, then, the iSios \6yos, was in theory 
 a special branch of the imperial treasury in Egypt. In 
 practice it was more than this. It furnished the Govern- 
 ment with a powerful, if indirect, lever in dealing with 
 the social and even with the religious life of the country ; 
 and it soon became a finished instrument of fiscal 
 oppression. To begin with, it supplied the means where- 
 by the rigid hierarchy of classes and races characteristic 
 of Egypt under Roman rule (as of course under that 
 which preceded it) was maintained. At the upper end 
 of the scale we have the cives Romani, at first mainly 
 the official class with a thin sprinkling of traders and 
 land-agents, constantly recruited from the ranks of the 
 army by the grant of civitas on discharge, and from the 
 servile population by the practice of manumission, 
 although many of the freedmen attained only to the 
 inferior status of Latinitas acquired by those informally 
 manumitted. At the lower end came the native Egyp- 
 tian population, the ancestors of the modern fellahin, 
 whose subjection was symbolized by the payment of the 
 poll-tax. But between the two extremes there was 
 a nice gradation of privilege and status. Next to the 
 Roman and the Latin came the burgher of Alexandria, 
 though even within that citizen-body there were fine 
 shades of privilege which need not now concern us. 
 Then the dcnoL, or members of the other Greek com- 
 munities, Ptolemais, Naucratis, and Hadrian's foundation 
 of Antinoupolis : next the Hellenized element in the 
 fjLTjTpoiroXeis or urban centres of the vofioi, whose hall- 
 mark was the Greek education obtained in the yvjivdaiov, 
 eagerly sought after by those who desired to rise in the 
 
 A5 
 
i6 FRESHLIGHTON 
 
 social scale ; lastly, next above the mass of the fellahin 
 of the smaller villages, a class whose privilege consisted 
 in the payment of reduced rates of poll-tax. It was in- 
 cumbent upon the imperial bureaucracy to see to it that 
 the boundaries which divided these classes, each of which 
 lived under its own system of law, the ttoXlti-koI vo/jloi 
 of Alexandria, the dcrriKol vSjioi of other urban founda- 
 tions, and the kTnxwpiot vofios of the Graeco-Egyptian com- 
 munity, were not overstepped. This end was attained by 
 an elaborate system of registration of persons and pro- 
 perty (al KUT o'iKLav d7roypa<f)ai) ; by a searching examina- 
 tion into the credentials of those who put forward claims 
 to any privileged status (eniKpiaLs) ; by insistence on 
 the most rigid accuracy in the nomenclature and de- 
 scription of individuals named in legal instruments 
 {Xprj/iaTKr/ios); and by the application of complicated 
 rules regarding intermarriage and inheritance. Failure 
 to comply with such rules and regulations, as the 
 Gnomon shows, entailed heavy penalties, sometimes 
 even the forfeiture of the defaulter's estate, and it was 
 the business of the iSios Xoyoy, through his ubiquitous 
 agents, to see that these were exacted. For instance, 
 those who used false designations in legal documents 
 were guilty of the offence described in the Gnomon as 
 aKaraW-qXia (a word which is not unfamiliar to those 
 who have studied that dreariest work of Greek prose 
 literature, the treatise of Apollonius Dyscolus on syntax, 
 in the sense of a ' false concord '), and, together with 
 such as append their signatures wittingly to the same 
 instrument, are liable to the confiscation of one-fourth of 
 their property— a fact which shows why it was necessary 
 to apply to the ilSlos \6yos for leave to exchange an 
 Egyptian for a Greek name. It was the business of the 
 iSio^ Xoyoy, again, to sweep into the net of the fiscus 
 
ROMAN BUREAUCRACY 17 
 
 intestate estates, lapsed bequests to unqualified persons, 
 and the like, and to defeaft the ingenious contrivances by 
 which it was sought to evade the law. To give an 
 example : among the precedents recorded in the 
 Cattaoui papyrus is the decision given by an unnamed 
 iSios Xoyos in A. D. 136 in the case of one Cornelia, 
 accused by informers of being in unlawful possession of 
 seven slaves given her by her husband Acutianus in 
 violation of the principle of Roman law, which forbade 
 donatio inter virum ef uxorem. The ihios \oyos ruled, in 
 accordance with the leading cases decided by various 
 viceroys of Egypt, that as the marriage of soldiers was 
 forbidden, the gifts made by Acutianus to Cornelia 
 during his term of service were valid, while those 
 posterior to his discharge were void. But Cornelia 
 was not content with defeating the informer : she came 
 into court once more and sued her husband for money 
 placed with him on deposit. The Ihioi Xoyos, however, 
 knew his business : had not Rutilius Lupus, praefect of 
 Egypt under Hadrian, made short shrift of a similar suit in 
 the dictum delivered in the case of Macrina v. Germanus : 
 'we know perfectly well that "deposit" means "dowry",' 
 thereby disposing of one of the ingenious fictions by 
 which it was sought to render nugatory the prohibition 
 of marriage on service ? So common did such evasions 
 of the law become, that certain classes of cases were 
 withdrawn from the jurisdiction of the iSlos Aoyos and 
 reserved for the cognizance of the praefect : the Gnomon 
 tells us that this had recently been done in the case of 
 fraudulent attempts to claim the citizenship of Alexandria, 
 which was particularly valuable, since, as we know from 
 the correspondence of Pliny with Trajan,^ it was the 
 necessary stepping-stone to the Roman civitas for the 
 1 Ep. ad Traj. 6 (22), 7 (23); 
 
i8 FRESHLIGHTON 
 
 Graeco-Egyptian ; and it so happens that we find pre- 
 cisely such a case, tried in the year a.d. 142, in the 
 collection of precedents above referred to. 
 
 It was therefore necessary for the iSios \6yos to 
 possess a working knowledge of the principles of the 
 ms civile and still more of the ius gentium : and some 
 portions of our abstract of the Gnomon cover ground 
 which is familiar to us in the Institutes of Gaius, written, 
 no doubt, within the years of the date of the papyrus, 
 since the first book mentions Antoninus Pius as living, 
 whereas in the second he is numbered with the gods. 
 The result of the comparison of Gaius with the Gnomon 
 and of both with other papyri is to show that neither 
 work can pretend to completeness or accuracy. There 
 are enactments recorded in the Gnomon which would 
 naturally have found a place in the Institutes : as, for 
 example, that the provisions of the Leges Julia et Papia 
 Poppaea, which disqualified unmarried or childless per- 
 sons from benefiting under a will, did not apply to estates 
 of Jess than 100,000 HS. in the case of a man or of 50,000 
 HS. in that of a woman. Again, the Gnomon tells us 
 that Vespasian confiscated inheritances left in trust by 
 Greeks for Romans or by Romans for Greeks; but 
 that one-half was allowed to be retained by those who 
 admitted full liability and did not seek to evade the law. 
 Gaius tells us (ii. 285) that peregrini were formerly able 
 to benefit hyfidei commissa, and that this was in fact the 
 chief motive for the creation of such trusts, but that this 
 was 'afterwards' prohibited (no date being given); 
 further, that in his own time, by a Senatus consultum 
 passed ex oratione divi Hadriani, property so bequeathed 
 was liable to confiscation by the fiscus. How these 
 statements are to be reconciled must be left to the 
 lawyer. To take one more example, the grant of 
 
ROMAN BUREAUCRACY 19 
 
 bonorum possessio unde cognati by Hadrian in a.d. 119 
 to the descendants of soldiers dying intestate, which 
 was known to us from a Berlin papyrus ^ and is referred 
 to in paragraph 35 of the Gnomon, is omitted by Gaius. 
 On the other hand, we do not find in the Gnomon, 
 where we should most certainly expect it (although we 
 do not look for it in Gaius), any allusion to the same 
 emperor's grant of k-tnyafiia with Egyptians to the 
 citizens of his new foundation of Antinoe, nor to his 
 rescript allowing Egyptians to succeed to the intestate 
 estate of a grandmother, referred to in a Berlin papyrus 
 edited by Mommsen.^ 
 
 We find, however, some compensation for these 
 omissions in the clauses which show how the prin- 
 ciples of Roman law were extended by analogy to 
 cases arising from the special conditions of mixed 
 nationality in Egypt. Thus the principle of erroris 
 causae probatio, by which a marriage contracted through 
 a bona fide mistake by persons of unequal condition 
 may, on proof of justifiable error, lead to the acquisition 
 of civitas by the parties and their issue, was applied, 
 as paragraph 47 shows, to mixed marriages contracted 
 Kar dyvoiav between d<TTai and Egyptians. On the 
 other hand we have two provisions (paragraphs 39 and 
 46) relating to mixed marriages to which Roman citizens 
 are parties, which are very hard to bring into agreement, 
 since in the earlier section the child is said to acquire 
 its father's nationality, while in the latter the case is 
 governed by the rule of Lex Minicia, that where either 
 parent is a peregrinus the child follows the inferior 
 condition ; and this principle is applied by paragraph 57 
 to the case of marriages between the inhabitants of 
 
 ^ B. G. U. 140 ; Mitteis, Chrest. 373. 
 
 » Gesammelte Schriften, i. 456 ff.; Bruns, Fontes\ p. 410. 
 
20 FRESH LIGHTON 
 
 Paraetonium and dXXo^vXoL or Egyptians. It is to be 
 hoped that the sections of the papyrus relating to 
 marriage, inheritance, and the status of persons will 
 receive the attention which they merit from students of 
 Roman law ; for the Berlin editors have not even 
 provided us with a reliable translation. In paragraph 
 20 the Gnomon, alluding to the well-known provision of 
 the Lex Aelia Sentia, by which a slave who has been 
 put in chains cannot acquire on manumission a status 
 higher than that of a peregrinus dediticius, states that 
 bequests made by such freedmen are confiscated. 
 Schubart's rendering, 'a slave born in chains,' is a 
 palpable and indeed absurd error. It is soniewhat 
 surprising to find so learned a scholar, in his recently 
 published Einfuhrung in die Papyruskunde, quoting 
 the introductory sentence of the Gnomon in order to 
 to show that decrees of the Senate had force in Egypt, 
 though an imperial appanage ; the fact of course 
 being that the writer refers to Senatus consulta such as 
 the S. C. Claudianum or S. C. Pegasianum which laid 
 down rules of private law. 
 
 Nor is it only the lawyer who will find matter of 
 interest in the sections dealing with the status of 
 persons. Sidelights are thrown upon the manners and 
 customs of Roman Egypt. In the Athens of Menander 
 a child exposed at birth was placed in' a pot or cradle 
 with a packet of keepsakes, which might furnish its 
 parents with the means of future identification. In the 
 villages of Egypt a more summary method was followed. 
 The infant was deposited on the village rubbish-heap 
 or KOTTpta, together with the household refuse and the 
 (to us) priceless fragments of classical literature ; and, as 
 several papyri of the first century show, it was a common 
 practice to appropriate such an infant and put it out to 
 nurse. It was not long before the practice attracted the 
 
ROMAN BUREAUCRACY 21 
 
 attention of the tSios Xoyos. The snapper-up of such 
 unconsidered trifles as male infants forgot that these 
 ownerless homunculi were dSia-rroTa, and as such the 
 property of the Jiscus^ ; and by paragraph 107 of the 
 Gnomon one-fourth of their worldly goods was rendered 
 liable to confiscation ! 
 
 Even the theologian may carry grist to his mill from 
 the pages of this document. It appears from paragraph 
 47 that the term dvapxri was technically used in the 
 sense of a certificate of registration showing that the 
 holder was of free birth, as opposed to the otKoyiyeia, 
 which was the identity-paper of one born a slave ; and 
 this usage seems to throw a new light upon the phrase 
 dtrapxh irvfv/iaTos in Rom. viii. 23, usually translated ' the 
 firstfruits of the Spirit '. When we read the passage 
 which begins at verse 16, we see that St. Paul is here 
 arguing that our claim ,to spiritual freedom is based on 
 the witness of the Spirit to our sonship, just as in Egypt 
 the /iapTvpoTTOLTjo-is of thc parent was among the docu- 
 ments put in evidence in the procedure of emKpia-n by 
 which claims to privileged status were judged ; and that 
 in spite of this— in spite of the fact that we have, as it 
 were, obtained through the mediation of the Spirit the 
 certificate which entitles us to be registered as the sons 
 of God — we are still awaiting our formal release from the 
 bondage of the flesh and the law. 
 
 It will be convenient at this point to mention briefly 
 the miscellaneous provisions grouped together in the 
 closing section of the Gnomon, with which may be 
 classed the regulations concerning passports and the 
 export of slaves — regulations so stringent and involving 
 such heavy penalties that the cases had recently been 
 transferred to the cognizance of the praefect. Through- 
 
 ^ Schubart, Einfiihnmg, p. 466 : P. M. Meyer gives a different 
 explanation. 
 
22 FRESHLIGHTON 
 
 out these sections the exaction of penalties for breach 
 of administrative regulations is the determining factor. 
 Paragraph loo, for instance, establishes a scale of fines 
 for failure on the part of notaries {(rvvaXXay/iaToypd<poi) 
 to register deeds at Alexandria within a limit of time 
 varying according to the distance of the place where the 
 contract was passed, and the paragraph immediately 
 following imposes a penalty of 50 dr. on notaries who 
 draw up mortgages or conveyances without previously 
 obtaining the authorization (en-t'crraX/ta) of the land- 
 registry at Alexandria, a practice forbidden (but without 
 specified penalty) in the Edict issued by Mettius Rufus, 
 praefect under Domitian, a copy of which is included in 
 the collection of documents known as the Petition of 
 Dionysia.^ Next to this comes a paragraph which 
 licenses Gymnasiarchs of Alexandria, in case of need, 
 to import oil (no doubt from Syria) and to sell the 
 surplus at the controlled price ; if they fail to comply 
 they are liable to the confiscation of their .stocks and to 
 the heavy penalty of 20 tal. for the violation of the 
 Government monopoly.^ A little farther on we come to 
 provisions which forbid certain classes of civil servants 
 to buy Government property sold at auction or to 
 acquire provincial land, the latter prohibition being 
 extended to those on mihtary service. These instances 
 will suffice to show at once the variety of topics dealt 
 with in the code, and the guiding principle which unites 
 them. 
 
 We must now turn to the sections which deal with 
 the ecclesiastical affairs. It must be left to Egypto- 
 
 ' P. Oxy. 237, viii. 27 fF. ; Mitteis, Chrest. 192. 
 
 ^ Paragraph 105 fixes the maximum rate of interest for loans at 
 12 per cent., the penalty for the infraction of this rule being the 
 confiscation of one-half of the creditor's and one-quarter of the 
 debtor's estate. 
 
ROMAN BUREAUCRACY 23 
 
 legists to estimate the value of these paragraphs for the 
 study of later Egyptian religion : our object is to deduce 
 from the Gnomon the part played by the iSio? Xoyoy 
 in the regulation of public worship. The notion that 
 the controller of this department was the head of the 
 State-Church seems at first sight to be confirmed by the 
 regulations laid down with regard to the ordering of 
 the sacred processions {Kcofiaaiai), the duties and privi- 
 leges of the various ranks of the clergy and temple- 
 attendants and so forth; but the more closely we 
 examine these the more clear it becomes that here, as 
 elsewhere, the fiscal interest predominates, and that the 
 exaction of penalties [irpoaTifia) is the main object in 
 view. The fact is that, as Rostowzew divined, the 
 Egyptian Church under the Empire was ' no longer 
 a political factor, but a fiscal instrument '. With the 
 regular revenue derived from the yrj lepd, the eminent 
 domain in which was reserved to the emperors as it 
 had been to the Ptolemies, the I'Sios \6yoy, so far as 
 we are able to tell, had nothing to do ; but apart from 
 this there were considerable receipts to be derived 
 from the fines paid by the personnel of the temples for 
 the infraction of regulations. Reference has already 
 been made to a papyrus dating from the end of the reign 
 of Antoninus Pius which tells us of an information laid 
 against a priest who wore woollen garments and allowed 
 his hair to grow long. Now the very first paragraph of 
 the ecclesiastical section of the Gnomon (paragraph 71) 
 reads : ' It is not lawful for priests to engage in any 
 business other than the service of the gods nor to 
 appear in woollen garments nor to wear long hair, even 
 if they are removed from the divine Psar'.^ A few 
 
 • I do not venture to interpret this word, which occurs twice in 
 the Gnomon. The editors suggest that it may be connected with 
 
24 F R E S H L I G H T O N 
 
 lines later (paragraph 75) we read: 'A priest was fined 
 200 dr. for neglecting his religious duties, and 200 
 dr. for wearing woollen garments : a piper was fined 
 100, a pastophoros 100.' And in the following para- 
 graph (76) we are told that ' a priest who wore woollen 
 garments and long hair was fined as- much as 1000 dr.' 
 Evidently it is the scale of fines which is of chief interest 
 to the iSio? Xoyoy. In the light of this fact we must 
 interpret the clauses which relate to the status and 
 privileges of the various orders of the Egyptian clergy. 
 Before the discovery of the Gnomon, Rostowzew had 
 shown that in Roman Egypt the administration of 
 temple property was in the hands of a collegiate body 
 usually called npea-^vTepoi, who had taken the place of the 
 ini(TTa.Tai, or wardens, of Ptolemaic times. This was 
 in accordance with the Roman practice of setting up 
 quasi-corporate bodies jointly and severally responsible 
 to the Government wherever fiscal interests were at 
 stake. Of such bodies and their relations with the 
 central administration the Gnomon has nothing to tell 
 us. But the conduct of public worship was in the 
 hands of a carefully graded hierarchy, the first order in 
 dignity being that of npocprjTai, who, if we may trust 
 Clement of Alexandria, were responsible for the due 
 performance of ritual. Next in order came the a-ToXia-Tai, 
 whose name denotes the keepers of the wardrobe be- 
 longing to the images of the gods ; but besides this it 
 seems that the sacred vessels and other properties were 
 under their care. In the absence of npocpfjTai they were 
 empowered to undertake their functions. Only these 
 two orders were entitled to be described as tepeis : the 
 
 the Coptic shar, which properly means 'leather' and might be 
 used of a ' roll ' of the clergy ; but the Reader in Egyptology 
 informs me that this is improbable on philological grounds. 
 
ROMAN BUREAUCRACY 25 
 
 ■ira<rro(p6poi, who carried the shrines containing the 
 images of the gods in processions (Kwiiaaiai), are for- 
 bidden by the Gnomon to describe themselves officially 
 as priests, while on the other hand they are permitted 
 to occupy posts open to laymen. 
 
 B esides these, there are still lower grades, whose 
 precedence is strictly regulated. Those who bury the 
 sacred animals, says the Gnomon, may not be TTpo(pfjTai, 
 nor may they carry shrines in procession — in other 
 words, theymay not be iracrro^opoi— nor even tend the 
 animals whom it is their duty to bury. Now these are 
 all offices of profit. Sometimes their holders enjoy 
 irp6(To8oi, whose nature is not stated, but which are 
 seemingly charged upon the temple revenues, since we 
 read in the Gnomon that in every sacred precinct where 
 there is a vaos there must be a Trpo(f>rivqs, and he is 
 entitled to receive one-fifth of the irpoa-oSoi. The in- 
 comes of the (TToXidTat, again, were derived from this 
 corporate revenue : a o-roXio-T^y who neglected his duties 
 was mulcted in his npoa-oSoL as well as in a sum of 300 dr. 
 We also hear of avvrd^eis, which appear to be fixed 
 salaries, and perquisites (yepa). And it is expressly 
 stated that the victims consumed at the sacrificial feasts 
 called kXTvul are not partaken of by the -irpocpfjTai, but by 
 the iTa<TTo<f)6poi. The reason why these provisions are 
 mentioned in the Gnomon is no doubt because the XSio^ 
 \6yoi was concerned, not directly with the maintenance 
 of the cult as such, but with the status of the various 
 grades of ministrants, partly because the posts to which 
 emoluments were attached were sold by the Govern- 
 ment, sometimes, though not always, by auction, partly, 
 no doubt, because pecuniary penalties attached to any 
 attempt to usurp the title or privileges of a higher grade. 
 Interspersed amongst the regulations for the clergy are 
 
26 FRESH LIGHTON 
 
 other provisions concerning fines, i.e. we hear that 
 those who fail to supply the necessary shrouds for the 
 burial of an Apis or a Mnevis are mulcted in a npoa-rifiov, 
 the amount of which is not given ; and 500 dr. is exacted 
 (apparently, though the expression is obscure) for the 
 dedication of votive offerings without permission. 
 
 It has been necessary to insist upon this point at 
 some length because the current view is that the iSios 
 Xoyos not merely supervised the temple-cults of Egypt, 
 but was in one of his capacities actually identical with 
 the dp)(iepev9 'Ake^avSpktas km Alyvirrov Trda-rjS, for 
 whose existence we have epigraphic evidence. That 
 such a variety of functions should be brought under the 
 competence of a single Department of State is not in 
 itself impossible : the Prussian Ministry of ' Education, 
 Public Worship, and Medicine' might be quoted as 
 a modern parallel. But the case is far from clear. 
 Those who, like Paul Meyer and Plaumann, have com- 
 piled lists of the 18101 Xoyoi, have assumed the identity 
 of this official with the apx^epevs, and therefore included 
 the bearers of this latter title in their tables ; but if we 
 analyse these, the following facts emerge : 
 
 (i) There is no document belonging to the first two 
 centuries of the Christian era in which the two titles are 
 combined; the only example (to be considered later) 
 belongs to the year a. d. 234. 
 
 (ii) Such facts as we know of the careers of the holders 
 of these offices suggest that they belonged to different 
 branches of the imperial service. The dpxiepei/s 'AXf^- 
 avSpdas koI Alyvwrov Traerijy mentioned in an inscription 
 from the neighbourhood of Rome^ was a well-known 
 scholar, by name L. Julius Vestinus. Besides the high 
 priesthood, he held at various times the offices of Presi- 
 1 O. G. I. 679. 
 
ROMAN BUREAUCRACY 27 
 
 dent of the Museum, Librarian of the Greek and Latin 
 Libraries in Rome, Director of Studies to Hadrian, and 
 Secretary-in-chief [ab epistulis) to the same emperor. 
 He was an industrious lexicographer, who published 
 notes on the vocabulary of Thucydides and the Attic 
 Orators, and wrote an epitome of the Glossary of Pam- 
 philus. Now let us turn to the tSioi Xoyoi. M. Ver- 
 gilius Gallus, idtologus ad Aegyptum under Tiberius, is 
 known to us from an inscription of his native town of 
 Venafrum.^ He was an ex-centurion (primus pilus), who 
 had held the command of various auxiliary regiments 
 before being promoted to the post of idiologus. At the 
 close of the second century and beginning of the third 
 we hear of T. Aurelius Calpurnianus ApoUonides, who, 
 after his military service as tribunus militum, was succes- 
 sively ^rocwra/or ad census in Aquitania, procurator in 
 Lower Moesia, in Thrace, and in Dalmatia, before hold- 
 ing the office of f^toy Xdyoy. A few years later P. Aelius 
 Sempronius Lycinus, who is known to us from an in- 
 scription set up in his honour at Ancyra, after perform- 
 ing the militiae equestres, was procurator in the depart- 
 ment of the vicesima hereditatum in Gallia Narbonensis 
 and Aquitania, procurator in Dacia Porolissensis, and 
 then idiologus at Alexandria (with a salary of 200,000 
 sesterces), before being promoted to the procuratorship 
 of Palestine. Both these officials, then, belonged to the 
 financial branch of the service, and by their connexion 
 with assessments and the collection of the succession 
 duty were well fitted to take up the duties of the 
 idiologus. 
 
 (iii) Nothing that we know of the Uioi Xoyoi prior to 
 the reign of Hadrian suggests that they were concerned 
 with the supervision of public worship, but in his reign 
 ^ C. I. L. X. 4862 ; Dessau, 2690. 
 
28 FRESHLIGHTON 
 
 we find— if a probable restoration of Plaumann's be 
 accepted— that the iSios XSyos Marcius Moesianus sold 
 a irpo(pr]Teia, and Ti. Claudius Justus, who presided over 
 this department under Antoninus Pius, was concerned in 
 a similar transaction. But this, after all, is only what we 
 should expect, since the function of the i'Stos Xoyos was 
 to realize the assets belonging to the Imperial Govern- 
 ment. Nor is it surprising that Pardalas, iSios Xoyos 
 under Hadrian, who happens to be named in §23 of 
 the Gnomon as having confiscated the property of czves 
 Romani— no doubt of Egyptian extraction— who con- 
 travened the prohibition of marriage between brother 
 and sister, should also, as a Berlin papyrus^ shows, 
 have laid down the rule that a certificate must always 
 be given by the fioa-)(oa-<l>payi(TTai, or examiners of 
 victims, before a calf was sacrificed, . since (although 
 the Gnomon omits to inform us of the fact) it may 
 safely be assumed that a fine was imposed for 
 failure to procure the licence; Claudius Justus, 
 too, who has been mentioned above, may probably 
 be identified with the official mentioned in a British 
 Museum papyrus,^ who sequestered the vpoa-oSoi and 
 a-vvT<£^w (words which seem appropriate to the stipends 
 and emoluments of the clergy) of the plaintiffs in a suit 
 which came before him, and threatened to impose a 
 penalty of 200 dr. in the event of non-compliance with 
 an order of his court. Thus the functions exercised by 
 the i'Sioi Xoyoi in the ecclesiastical sphere, so far as the 
 papyri throw hght upon them, are just what we should 
 expect of an official concerned with getting in revenue 
 from miscellaneous sources and in particular from fines, 
 (iv) We know of no dpxiepevs earlier than L. Julius 
 Vestinus, but from the latter half of the second 
 
 ' B. G. U. 258 ; Wilcken, Chrest 8. " P. Lond. 2. 359 (p. 150). 
 
ROMAN BUREAUCRACY 29 
 
 century there are four papyri^ which mention this 
 official, and in every case he receives appHcations from 
 priests for leave to circumcise their sons in order that 
 they may be qualified to follow the father's profession. 
 This is natural enough if the dpxiepevs was responsible 
 for maintaining the personnel of the cult : there is no good 
 reason why the tSios Xoyos should be concerned, as there 
 were apparently no fees to collect, and it is an unproved 
 assumption that that official is in these papyri described 
 as dpxiepev? because he is acting in his ecclesiastical 
 capacity. 
 
 On the whole, then, the balance of probability seems 
 to be against the identification of the offices of dpxiepevs 
 and iSios \6yos, so far as the period anterior to the • 
 Severi is concerned. • The conditions prevaihng under 
 that dynasty and in the third century require, however, 
 a closer examination, and must be considered under a 
 broader aspect. We are gradually coming to recognize 
 more clearly the important part played by Severus and 
 Caracalla (assisted no doubt by technical advisers, 
 including the great lawyers of the period) in the re- 
 modelling and simplification of the imperial administra- 
 tion. Nowhere, of course, were these changes thus 
 brought about more far-reaching than in Egypt, where 
 the institution of municipal councils in Alexandria and 
 the fiTjTpoTToXeiv of the nomes by Septimius Severus in 
 A. D. 202 and the Constitutio Antoniniana in a. d. 212 
 removed the most striking of the anomalies which gave 
 Egypt its exceptional position among the provinces. 
 The acquisition of the Roman civitas by the upper 
 strata of the population put an end to the elaborate 
 
 ' P. Strassb. 60, Wilcken, Chrest. 77 (a.d. 149); P. Rain. 121, 
 Sammelb.,\={-ii (a.d. 155-6); P. Teb. 2X)i, Wilcken, Chrest. 76 
 (a.d. 171) ; B. G. U. 82 (a.d. 185-6). 
 
30 FRESHLIGHTON 
 
 gradation of privilege which had hitherto been main- 
 tained by the system of registration and penalties, 
 leaving only the well-marked distinction between the 
 cives Romani and the native dediticii, who, as the Giessen 
 fragment of the Consttiuiio Antoniniana has shown, were 
 excepted from the grant. 
 
 But these measures by no means exhausted the 
 administrative reforms of the time, especially in the 
 sphere of finance. Here we must touch upon the 
 difficult question of the new department created by 
 Septimius Severus under the name of the res privata. 
 The biographer of Severus in the Historia Augusta'^ 
 seems to connect this with the immense confisca- 
 tions which followed the suppression of the rebel- 
 lions of Niger and Albinus; and it has been very 
 generally held that this res privata was a new ' privy 
 purse ', for which the Egyptian 'ihio^ Xoyoy served as the 
 model. But the discovery of the Gnomon has put a 
 different complexion upon this matter. If the 'Ihos Xoyos 
 itself was not a ' privy purse ', but a ' special account ', 
 it clearly cannot have been the prototype of the res 
 privata ; moreover, had it been so, we should certainly 
 have expected to find it growing in importance from 
 the time, of Severus onwards. But this is so far from 
 being the case that there is only one mention of the 
 office later than the reign of Septimius Severus, and 
 that is contained in the packet of monthly returns made 
 by a village official in a. d. 234 to the imTpoirfj tov ISio- 
 Xoyov Koi apxiepems, relating to the punctual performance 
 of duty by the local clergy.^ These documents furnish 
 at once the latest reference to the tSios Xoyoy and the 
 only definite identification (if it be in fact an identifica- 
 
 ^ Vita Seven 12. 
 
 ' One of these is published by Wilcken, Chrest. 72. 
 
ROMAN BUREAUCRACY 31 
 
 tion) of that official with the apxiepevs} Is it possible 
 that, owing to the far-reaching reorganization of the 
 imperial finances by Septimius Severus and the lighten- 
 ing of the task of registration brought about by the 
 Edict of Caracalla, the iSios Xoyos was now mainly con- 
 cerned with ecclesiastical matters, and that his office 
 was regularly combined with that of the High Priest ? 
 It seems not unlikely. The administration of Egypt, as 
 indeed of the whole Empire, was thoroughly overhauled 
 under Severus, who was indiiferent to constitutional 
 forms and official traditions, and was inspired by the 
 desire to simplify the machinery and centralize the 
 direction of the bureaucracy. There is some evidence, 
 which we may briefly consider, tending to show that 
 the various departments in Egypt were thrown into the 
 melting-pot during this period. It used to be supposed 
 that the official known in Greek as the kuOoXikos (i.e. the 
 head of the department of oi kuO' oXov \6yoi or summae 
 rationes) and in Latin as rationalis, was called into exis- 
 tence by Diocletian, but we know that he belongs to a 
 much earlier date. A papyrus of the year a. d. 246^ 
 mentions one Claudius Marcellus, 6 Siaa-rj/ioTaros Kado- 
 XiKos, i.e. vir perfectissimus rationalis, and a procurator, 
 Marcius Salutarius, in connexion with the sale of 
 unproductive land ; and the same two persons are 
 named in an undated Oxyrhynchus papyrus,^ also in 
 
 ' The phrase fj tov IhtoKoyov xm apxiepe(os iirLTpowr) is naturally thus 
 interpreted : but it is just possible that the expression is a com- 
 pendious one meaning ' that branch of the iSioy \6yos concerned 
 with ecclesiastical matters' (which would of course be in constant 
 relation with the apxupeis). So in P. Amh. 69, Wilcken, Chrest. 190, 
 6 TOV vofiov €KKoyi!TTqs Kai iSios Xoyos may indicate that branch of the 
 office of the e<\oyiaTTis (who was primarily an official of the SwUrjins) 
 which is concerned with receipts on account of the i'Sior Xoyot. 
 
 ^ P. Land. iii. 1157 (p. 110), Wilcken, Chresi 375. ' P. Oxy. 78. 
 
32 FRESHLIGHTON 
 
 connexion with the registration of a sale of land. Now 
 the first case, at any rate, is one where we should have 
 expected to find the iSios XSyos concerned. But even as 
 early as a. d. 202 we find a similar pair of officials, Clau- 
 dius Julianus (the restoration is practically certain), who 
 is simply called Siaa-rjiioTaTos (vtr perfedissimus) and a 
 procurator named Claudius Diognetus, concerned with 
 a survey of the y^ KvpiaK-q or imperial domain-land.^ 
 The same Claudius Julianus, Siaa-rjuoTaros, is mentioned 
 in another papyrus ^ as condemning a criminal to five 
 years' penal servitude in the alabaster quarries in 
 A. D. 204. Now this raises a very serious question. The 
 title vir perfedissimus belongs to the praefect of Egypt, 
 and, like the provincial governors possessing the ius 
 gladii, he is alone competent to inflict the penalty of 
 penal servitude in the mines or quarries ; but Claudius 
 Julianus was not praefect of Egypt at this time, for that 
 office was held by Subatianus Aquila, nor, it will be 
 observed, does he bear any title except that of d Siaa-rj- 
 fiOTaros, so that we can hardly assume him to have been 
 the first of the KaOoXiKoi, to say nothing of the difficulty 
 of supposing that a rationalis could pass a sentence of 
 penal servitude. Now Arthur Stein has identified this 
 person, very probably, with the Claudius Julianus who 
 is called vir perfedissimus praefedus annonae in an in- 
 scription of the year a. d. 201 found in Rome (the earliest 
 inscription, by the way, in which the title vir perfedissi- 
 mus has been noted)," and I venture to hazard the 
 suggestion that he was sent to Egypt as a special com- 
 missioner with powers co-ordinate with those of the 
 praefect in order to carry through the reorganization of 
 
 ' P. Giss. 48; Wilcken, Chrest. 171. 
 
 ^ Berl. Sitsungsber., 1910, 713 ; Sammelb., 4639. 
 
 ' C. I. L. vi. 1607; Dessau, 1346. 
 
ROMAN BUREAUCRACY 33 
 
 the administration, Moreover we know something of his 
 coadjutor, Claudius Diognetus, described as 6 Kpana-Tos 
 kirirpoiros Se^a(TT&v,'\.e. vir egregius, procurator Augusta- 
 rum. In 196-7 he was actingas deputy-apxie/aet's— <Sia5exo- 
 /tei/oy rriv apx^f paxrvvriv — and in that capacity sold a post 
 as aroXia-Tris ; and in a. d. 202 he issues instructions con- 
 cerning land which is d^poxos, i. e. has not been reached 
 by the inundation of the Nile, as we learn from a 
 papyrus of Philadelpheia in the Fayum,^ the only papyrus 
 connected with this subject of yrj d^poxos, in which the 
 praefect of Egypt is passed over. Whether he bore any 
 title other than procurator Augustorum it is hard to say : 
 it has been suggested that he was imTpoTros twv ova-iaKwv 
 — procurator of the imperial estates — on the ground that 
 a papjo-us of a. d. 214-5 mentions an official of that rank 
 as Aeputy-apxiepivi ; but this is not conclusive, especially 
 in this period of transition. Again, it is not without 
 significance that as late as a. d. 221, as we learn from an 
 Oxyrhynchus papyrus,^ the sum of 2255 ^^- proceeding 
 from fines levied for failure to register titles within the 
 prescribed period, which, as the Gnomon has shown, 
 undoubtedly^belonged to the "tSios \6yos in the Antonine 
 period, is paid into a bank with instructions that it is to be 
 kept in a special account (iSias rd^fios) until its destina- 
 tion is decided. In short, the evidence is in favour of a 
 considerable decline in the importance of the iSios Xoyos 
 owing to the reforms of the Severi ; and this leaves us 
 free to accept the view that the creation of the res pri- 
 vata was a far more revolutionary change than was 
 formerly supposed, namely, that it set up a centralized 
 treasury into which flowed the revenues of all the 
 domain lands, including, of course, those of the Jiscus. 
 It is certain that, although the patrimonium of the 
 • P. Hamb. 11. ' P. Oxy. 61. 
 
34 
 
 FRESH LIGHT ON 
 
 emperors continued to exist, with its special staff of 
 officials, the Egyptian ovaiai are from the reign of 
 Severus onwards described as belonging to the UpSraTov 
 Ta/jLieiop, which is the proper equivalent of the ^scus : 
 certain, too, that in the Codes fundi fiscales or praedia 
 fiscalia are identical with fundi or praedia^ rei privatae : 
 certain, that the comes rei privatae of the system of 
 Constantine, Avho is the successor of the procurator rei 
 privatae of Severus, dealt with bona vacantia and caduca. 
 It is to be noted that the earliest procurator of the res 
 privata of whom we have knowledge is no less a person 
 than Sextus Varius Marcellus, the husband of Julia 
 Soaemias and father of the Emperor Elagabalus, who, 
 having been successively procurator centenarius of the 
 aqueducts of Rome and procurator ducenarius of the 
 province of Britain, then held the newly created office 
 as ^rece«anM5, enjoying the salary of 300,000 HS. reserved 
 for the highest ranks of the service, and was directly 
 promoted from this post to the wholly exceptional posi- 
 tion oivice praefecti praetorio et praefecti urbi,'- in which 
 capacity he acted as vice-gerent of Caracalla during the 
 emperor's absence in the East ; also that the future Em- 
 peror Macrinus was procurator rei privatae before his 
 promotion by Caracalla to the praefecture of the guard , 
 and that Timesitheus, the favourite and father-in-law of 
 Gordian III, was procurator tarn patrimonii quam rerum 
 privatarum. Pliny the younger, in addressing his Pane- 
 gyric to Trajan, had contrasted fiscus and aerarium as 
 tuum and publicum : it was left for Severus to draw the 
 inevitable deduction. 
 
 The argument has led us away from the Gnomon. 
 Let us in conclusion return to the document from which 
 we found our point of departure — the Edict of Ti. 
 ^ C /. L. X. 6569, Dessau 478 ; cf. Dio Cass. 78. 30. 
 
ROMAN BUREAUCRACY 
 
 35 
 
 Julius Alexander. Tiberius Julius Alexander was one 
 of those secondary characters in the history of the Early 
 Empire of whom we would gladly know more. He 
 came of a distinguished Jewish stock, though he was 
 not himself loyal to the faith of his fathers. His 
 brother was the husband of Berenice, daughter of 
 King Herod Agrippa I, his uncle was Philo the 
 philosopher— if I dare call him by that name — and if we 
 accept the conjecture that he is the Alexander to whom 
 the tract de Mundo included in the Aristotelian corpus 
 was dedicated, he himself was not without interest in 
 speculative problems : but his talents were rather of the 
 practical and especially the financial order, so that we 
 may fairly say that his family, in the person of its two 
 most distinguished representatives, exemplified the dual 
 mentality of the race which gave us a Rothschild and 
 a Spinoza. As Chief of the Staff (or rather perhaps 
 Quartermaster-General) to Corbulo in the Armenian wars 
 under Nero and to Titus during the Siege of Jerusalem 
 he proved himself an organizer of victory, and his edict 
 shows him to have been not only an expert in finance, 
 but also an able and enlightened ruler. His edict 
 bears witness to a genuine desire to eradicate the abuses 
 which had become rampant in the administration of 
 Egypt towards the close of the reign of Nero, and 
 contains several wise and statesmanhke provisions, 
 which must not detain us : we are concerned only with 
 those which relate to the iSlo^ Xoyoy. Alexander tells us 
 — what is easy to believe— that this department was 
 infested by those twin pests of bureaucratic govern- 
 ments, the bullying and blackmailing official and the 
 professional informer. The praefect lays down some 
 excellent rules for dealing with these abuses. It seems 
 that vexatious prosecutions were constantly being 
 
36 FRESHLIGHTON 
 
 brought against taxpayers and renewed time after time, 
 although they' had been dismissed by the praefect on 
 circuit, simply for purposes pf blackmail. With a touch of 
 Oriental hyperbole, Alexander asserts that ' the city ' (by 
 which he means Alexandria) is left almost without 
 inhabitants owing to the plague of (rvKo<j>dvTai ; and he 
 orders firstly, that cases once decided by the head of the 
 department shall not be reopened; secondly, that no 
 professional informer shall appear as the advocate of 
 another party, unless that party also puts in an appear- 
 ance in person, so that he can be held responsible ; 
 thirdly, that any prosecutor who fails to make good his 
 case three times in succession shall be punished by the 
 confiscation of one-half of his property. And he then 
 continues, in the passage from which we set out in our 
 examination of the question km KaOoXov Sk eniKeXevaofiai 
 Tov yvcofiova rod ISiov Xoyov (after this a shorf word has 
 been lost) rA KaivoTroirjOevra irapb. ras rmv ^ePaarStv xapiras 
 iTTapopdma-ai. Dittenberger, who supposed that yv&\imv 
 was the official title of the Controller inserted ad in the 
 lacuna; the effect being to make the passage mean 
 ' I will give general orders that the Controller of the 
 i'^tor Aoyoy is always to correct, i. e. to set aside, such 
 innovations as have been made in contravention of the 
 privileges granted by the emperors.' But we now see 
 that a preposition — perhaps tt/jo? as Schubart has sug- 
 gested or possibly Kara — must be inserted and that 
 Alexander's words meant ' I will give orders to restore 
 the original provisions of the Gnomon, in respect of these 
 innovations which have been made in contravention of 
 imperial grants.' 
 
 Whether the reforms of Alexander produced any 
 lasting effect it is hard to say. The net of the fiscus 
 seems to have tightened under such emperors as 
 
ROMAN BUREAUCRACY 37 
 
 Vespasian and Trajan ; and in the long-drawn battle of 
 wits between the taxpayer and the Government the 
 latter held the trump cards and played them without 
 remorse. Let one example suffice. The very first 
 paragraph of the Gnomon records that when an estate 
 was confiscated by the /iscus, the family graves were by 
 custom exempted : but that Trajan, finding that this led 
 to evasions, confiscated the kt) nora^eia'^ or private burial 
 grounds and such-like and left only the actual tombs to 
 the family of the defaulter. We should scarcely have 
 understood the point of this provision but for the fact 
 that some Alexandrian papyri^ show that such Kr]TroTa<pe'ia, 
 were regularly leased at high rentals to market- 
 gardeners! As to the practices of the informers our 
 evidence is scanty : but it is worth remembering that in 
 the case of Cornelia v. Acutianus, which was quoted 
 above, the original charge is described as a a-vKotpavTooSrjs 
 KaTTjyopia. Nor can it, I fear, be maintained that the 
 far-reaching administrative changes made by the Severi 
 were dictated by any feelings of consideration for the 
 overburdened taxpayer. On the contrary, if we knew 
 more of them in detail we should doubtless find that 
 they set up a landmark in the inevitable progress of the 
 imperial bureaucracy towards the establishment of the 
 servile State. 
 
 It is not beyond hope that we may — if fortune is once 
 more kind to us — learn more of these changes. For 
 there is a piece of evidence, which has not, I think» 
 received as much attention as it deserves, showing that 
 Septimius Severus and Caracalla substituted a revised 
 Gnomon for that which they found in operation. 
 A British Museum papyrus of a. d. 246 comprises two 
 documents. The first has already been mentioned in 
 
 ' Schubart's restoration is ingenious and seems probable. 
 2 B. G. U. iv. 1 120, al. 
 
38 FRESHLIGHTON 
 
 this lecture as containing the earliest mention of the 
 KadoXiKos. The second is a specimen form (without 
 proper names) for the use of applicants petitioning some 
 unnamed department for instructions to be given to the 
 land-registry at Alexandria to estop debtors from 
 alienating real property to the prejudice of their creditors, 
 in accordance with the law as confirmed by the iepmraTos 
 yvwfmv of Severus'and Antoninus. I suggest that this 
 yva>iia>v was a more comprehensive body of regulations 
 (having statutory force) than the code which we have 
 been considering, and that it was issued in connexion 
 with the estabhshment of a simplified and highly central- 
 ized administration into which the iSios Xoyos was 
 absorbed. Let us hope that the sands of Egypt may 
 some day yield us a copy. 
 
 The study of the bureaucracy of Imperial Rome may 
 seem to some to lead us into one of the most arid wastes 
 on the map of History and to have but a remote con- 
 nexion with practical issues ; and what, we are asked, is 
 the use of such studies? Certainly I should be the 
 last to wish to see the study of Ancient History divorced 
 from that of modern life. I well remember listening to . 
 an inaugural lecture — or perhaps I should rather say 
 causerie — delivered before this University by James 
 Anthony Froude. The lecturer endeavoured to meet 
 the charge that History was not a science. He quoted 
 the question put by the jesting mathematician, 'What 
 does the Iliad prove ? ' — and his answer was that it was 
 hard to say what it proved except the truth of the saying, 
 ' cherchez la femme.' When I survey Ancient History 
 as a whole and particularly the fate of ancient democra- 
 cies—the brilliant promise and untimely end of the 
 democracy of Athens and the process by which the 
 nascent democracy of Rome was stifled at the birth — 
 
ROMAN BUREAUCRACY 39 
 
 I am reminded of another French saying. The lesson 
 which these tragic happenings teach us — a lesson sadly 
 confirmed by the comparison of 1914 with* 1920 — seems 
 to me to be this, that for those who take the maiden 
 Goddess of Liberty for their mistress, who woo her 
 upon many a stricken field of battle and win her, it may 
 be, at the price of their life's blood — for them the saying 
 holds good, ' il est plus facile de mourir pour la femme 
 qu'on aime que de vivre avec elle.' 
 
 So much for the general question. As for the special 
 issue as it affects the subject of this lecture, a few words 
 will suffice. It is a familiar saying — especially familiar, 
 I doubt not, to the teachers and the taught in the 
 Honour School of Literae Humaniores— that 'Autocracy 
 means Bureaucracy ' ; and of course we all hope, and 
 try to believe, that autocracies in the old sense are 
 things of the past, and that when William of Hohen- 
 zoUern made his ignoble exit from the political stage, 
 despotism tempered by— shall we say 'telegrams'?— 
 perished from the earth. But I very much fear that we 
 are far from having seen the last of what may be called 
 inverted autocracies, whether they stalk naked and 
 unashamed as Dictatorships of the Proletariat or clothe 
 themselves in the flowing robes of the Omnicompetent 
 State. Those autocracies, as we already see only too 
 plainly, will bring with them their own bureaucracies, 
 with the old tendencies and the old dangers ; and unless 
 we are warned by the experience of the most finished 
 system of fiscal and administrative network in which 
 humanity has ever been enmeshed, our case is likely in 
 the end to be little better than that of the subjects of the 
 later emperors of Rome. That is the final justification 
 for the expenditure of time and labour in the search 
 for such fresh light as discovery may continue to throw 
 upon the methods of Roman bureaucracy. 
 
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