THE GREEK SIX-WITNESS CONTRACTS (6)
See also the List of seals Nos. 5-20
We have some very nice specimens of double contracts from Elephantine in the south of Egypt. These are Greek contracts from the late fourth and early third century B.C. [see List Nos. 5-8].
Figure 1 : The sealing of the early six-witness contracts. (7)
Figure 1a shows a contract written
twice on a papyrus sheet. The upper part of the sheet is cut halfway- through.
In figure 1b, the upper part is rolled up, in figure 1c it is folded double,
and in figure 1d it is sealed with three seals, which are made from clay.
The following figures show how the lower part is rolled up.
To seal part of a document, a papyrus fibre is put through a hole, called
c on figure 1c, and tied around the part that is rolled up; part of the
clay is pressed on it; then the papyrus fibre is wound once more around
the roll and its end laid in the clay; finally, the rest of the clay is
pressed over it.
Subsequently, somebody writes next to the clay seals the names of those
who have to seal the document. The names are written in the genitive ("(seal)
of Mister X"). Then these persons impress their seal in the clay next to
their name (see Plate). There are two cases where, as a consequence
of this practice, a few letters of the name are covered by the clay, which
has spread out through the pressure.
Now we come to the question: who seals the document? We are dealing with a type of contract that has to be signed by six witnesses, and called "six-witness contracts" (suggrafai; eJxamavrturoi) (8). Normally, both contracting parties and the six witnesses apply their seals (9). One of the witnesses is the person who will keep the contract under his surveillance, the so-called suggrafofuvlax, the guardian of the contract for as long as it runs (10). Therefore, the two parties and six witnesses, on average eight persons, have to put their seal-impression on three clay seals, viz. three, sometimes four impressions on one clay seal. The order of the names is not fixed in this early period.
At the end of the third century B.C.,
the degeneration of the six-witness contracts began, inter alia through
the neglect of the scriptura interior (11). Furthermore, the upper
part of the papyrus-sheet is cut through no longer, but the upper text
is simply rolled up and sealed with three clay seals [see List
Nos. 11-17].
The order of the names becomes more structured. The names are arranged
into four groups of two names each, surrounding the three attached seals,
now often lost [see list Nos. 12- 20].
Figure 2: Arrangement of the names on six-witness contracts, surrounding three attached seals.
By the end of the second century B.C.,
the parties and witnesses no longer impress their seals in the clay, although
their name - in the genitive - still appears next to it. From then onwards
only one person puts his imprint on the three clay seals. Thus the same
seal-impression can be found three times. In the case of Pap.Lugd.Bat.
XXII 17 [see List No. 15], for instance,
Sarapis and Isis can be discerned on the two preserved seals. The third
seal is lost. Was the impression made by one of the witnesses, or by the
official who registered the contracts (12)? Indeed, from the end
of the second century B.C. onwards, the six-witness contracts were registered
(13), and the contents of the contracts were then secured by this
registration and to a lesser degree by the seals [see List
Nos. 14-20].
From some point in the Ptolemaic era onwards, only two seals were used,
one between the first two pairs of names, and another between the last
two pairs [see Figure 3; List Nos. 18-20].
In the end, the seals of six-witness contracts seem no longer to have had
any impression in the clay at all [see List
No. 20].
Figure 3: Arrangement of the names on six-witness contracts, surrounding two attached seals.
P. Cair. Zen. I 59003 from the third
century B.C. [see List No. 10] testifies
to another system of sealing a six-witness contract: the scripura interior
is sealed with six seals, not accompanied by names. They are apparently
those of the six witnesses.
It is stipulated by law that the scriptura interior of the contract is
to be sealed by the witnesses (and perhaps also by the contracting parties)
(14), otherwise the contract is invalid, as a man who wanted to rent
a piece of land discovered (15).