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apiscendi causa sunt facienda omnia. Serv. SVLP. Cic. epist. 4, 5, 6 magnam ex ea re te laudem apisci (adipisci pars codd.). Cat. 64, 145 aliquid cupiens animus praegestit apisci. Liv. 4, 3, 7 spes apiscendi summi honoris cf. 4, 6, 10 ubi codd. plerique apiscendi). 44, 25, 2 tantas apisci opes tantamque gloriam. MANIL. 3, 146 rebus apiscendis labor est. VALI MAX. 9, 7, 3 facultas apiscendae potestatis. PLIN. nat. 35,78 regnum apiscens. Tac. ann. 3, 31 praebuit iuveni materiem apiscendi favoris (cf. 3,31. 4, 1. 4, 59. 15, 12. 15, 43). 4, 16 qui id flamonium apisceretur. 14, 27 Puteoli ius coloniae et cognomentum a Nerone apiscuntur (6, 3). Plin. epist. 4, 6, 8 illud ... apisci . . . arduum est. CORP. V 532, 7 civitatem Romanam apiscerentur. MARCIAN. (LEX Corn.?) dig. 48, 8, 3, 4 is cuius familia sciente eo apiscendae reciperandae possessionis causa arma sumpserit ... ex senatus consulto poena legis Corneliae punitur. VLP. dig. 24, 1, 40 apiscendae dignitatis gratia. 2, 14, 18 libertatem et hereditatem. 50, 4, 6 magistratum. IAV. dig. 41, 2, 51 possessionem (CELS. dig. 47, 2, 68. Vlp. dig. 43, 2, 2 et sic saepe apud Ict.). cogitatione: LVCR, I, 448 nec ratione animi quam quisquam possit apisci naturam. Tac. ann. 6, 20 scientia Chaldaeorum artis, cuius apiscendae otium apud Rhodum, magistrum Thrasullum habuit.
II passive : Plavt. Trin. 367 non aetate, verum ingenio apiscitur (adipiscitur P) sapientia. 'FAB. Max. hist. 8 amitti quam apisci. FANN. or. Prisc. gramm. II 380, 9 haec apiscuntur επιτυγχάνονται.
structurae : apisci aliquid : passim; aliquid ex aliqua re: v. p; 239, 21 (i. e. the one example in Cic. epist. 4, 5, 6 where part
of the Mss have adipiscendi); aliquid ab aliquo: Tac. ann. 14, 27; alicuius rei: Tac. ann. 6, 45 nihil abnueniem dum dominationis apisceretur. synonyma : adipiscor, consequor, adsequor, acquiro, comparo, sim. derivata : adipiscor, indipiscor, redipiscor.Prinz."
The method and arrangement followed here are too evident to require further comment. The reader has before him the whole history of apiscor in a form as complete as it is clear and concise, indeed he literally has the autobiography of apiscor, since the phenomena have been so disposed as to make the word tell its own story. In an article of nearly five hundred words less than a score, setting aside mere headings, textual notes, and references to modern treatises, may be said to come from the compiler himself. In a work primarily intended for scholars this admirable method of stating the actual record in its completeness, but with a studied reserve of personal comment or deduction, is directly calculated to insure the undiminished value of the Thesaurus for the longest time possible. Scholarship becomes antiquatedfortunately. But references do not even though they may tell a different story to a different generation—and the references are all here. Interpret them according to your lights.' Hence, although they must blame themselves if they do not know more
Latin than we, it is certain that our great grandchildren ought to derive much profit from perusing this great work of their thorough and methodical, even if misguided, ancestors. Moreover, while in the mere matter of size, the Thesaurus is likely to be eight or ten times as large as our largest Latin-English lexicons, the difference is still further increased by the compactness insured by this method.
The unique value of the Thesaurus to students of late Latin and the Romance languages is not well illustrated by the article on apiscor. The word had already become archaic as early as the time of Lucretius. But if we turn, for example, to the article on Ab (40 columns) we shall find that under "Recentiora” Dr. Lommatsch has given two columns to late uses of his preposition; such as ab for quam with comparatives, ab with the accusative, with the genitive, for the genitive, with adverbs and prepositions, for sine, apud, ex, etc.
The matter of proper names cannot be taken up exhaustively in a Thesaurus. This really belongs to a separate work and has already been done for a definite portion of Roman life and history in the Prosopographia Imperii Romani. All names seem to have been considered in the Thesaurus, and with copious, but not necessarily exhaustive, references, inscriptional and otherwise. With Klebs-Dessau, Roscher's Lexikon and Pauly-Wissowa we hardly have a right to complain if the Thesaurus does not go over the same ground in the same way. Good examples of the method pursued in this line are Dr. Otto's articles on the names derived from Ann., on Anna the goddess, and on Dido's "Sister Ann."
Nor can the Thesaurus enter into an exhaustive discussion of the 'Realien,' of the arts and sciences in all their causes and effects as regards language. It is primarily a complete record of word-usage. The student of those matters should consult special treatises or else work them out from the material before him. Here again the policy of reserve in personal comment was well chosen.
I should institute a comparison with standard lexicons, like those of Georges and Lewis and Short, if I thought it would be of any interest or value. But the Thesaurus stands on its own merits and would gain nothing, while the usefulness of these works would not be affected, since they were compiled in a different way and serve a different purpose.
All things considered, the work impresses me as a marvel of clarity, completeness and precision. Opinions may varytheories of lexicography are many—as to whether the compilers are following the best order and method of development, or whether it might not have been better to lay more or less emphasis on this or that lexical specialty. Others—and those whose interest in the work is most intense--warn us, very properly, not to expect too much. No one should expect too
much. But it is not my purpose to discuss these points here. Whatever faults might be discovered by the most searching criticism the Thesaurus, beyond any doubt, begins by being immeasurably superior to anything which, hitherto, we could have even dared to hope for.
Objections to the Thesaurus, whatever they may be, are largely met by the fact that the four and a half millions of cards upon which it stands will be permanently preserved and available for consultation. Moreover, while it is true that time and money curtailed this part of the work in 1900, it would be quite possible, with intelligent co-operation, to fill in the missing portions of the card-catalogue, so that by 1915 the Bureau of the Thesaurus might actually have in its archives a complete index totius Latinitatis down to the seventh century. This might be consulted in person or, in case the scholar lived at too great a distance, by correspondence with an officer in charge who should be entitled to a reasonable fee for whatever statistics or other information he was asked to furnish. At any rate the receptacle, wherever it may be finally, of this priceless collection, must become the common temple of the modern Latin League. Here is its treasure; here, too, its oracle, like the Sibyl, but much more methodical, has inscribed her responsa on leaves for the perusal of every impiger (if not pius) Aeneas who would scale the walls of lofty Rome.
Organization and combination are the watch-words of the age, the unmeasured and immeasurable powers of the future. The Thesaurus is a living proof that the great idea is just as effective in the scholastic as in the industrial world. As such the Thesaurus is an earnest of what may yet be accomplished in time to come. Moreover, this superb monument, more enduring than bronze, will have been raised by and in honor of Latin scholarship at a net expense of less than one hundred and fifty thousand dollars, thirty thousand pounds. What a mere trifle for organized subscription to undertake, especially in these days when there are so many men in Europe and America who, if it came to the mere measurement of their incomes alone would have to reject as irksome, if not insufficient, that historic labor-saving device employed by Ummidius and Ali Baba. With such an outlook, may we not hope that a trifling percentage of this surplus gold may be so transmuted as to reappear—'salvum sit quod tangam'—in a similar Thesaurus of the Greek Language and Literature ?
KIRBY FLOWER SMITH.
Einführung in die Papyruskunde von OTTO GRADENWITZ.
S. Hirzel, Leipzig, 1900. Those who have followed the progress of the papyri-studies and are acquainted with the results which have been given out in rapid succession during the past decade, have not failed to recog.
nize the importance of these studies to several branches of learning. The contributions of the Greek papyri from the ancient cities of Arsinoë, Hermopolis, Oxyrhynchos, and numerous villages of the Fayûm are of exceedingly great value to historical jurisprudence and to the students of Roman law. Ancient legal sources are being rapidly augmented and supplemented in a variety of details. Some of the darkest periods in the history of legal life and institutions in the Roman provinces during the second and third centuries of the Empire are beginning to be illuminated. The possibilities are by no means beyond realization, that the works of a classical jurist may yet come to light from the wreckage of ancient Egypt. In the interpretation of the Greek papyri, philologist and jurist must co-operate. So far, the jurists have been slow to recognize the importance of these investigations to their science. Of the considerable number of distinguished papyrologists at work to-day, trained jurists form a very small minority; and as the prince of jurist-philologists, Theodore Mommsen, has expressed the wish that he had been born fifty years later in order that he might begin anew his investigations in the history of the Empire in the light of these incomparable sources, others can not afford to be indifferent to their significance. The Egyptian papyri, as is well known, fall into two main groups, literary and documentary. Of the latter, those of a strictly legal character are the more numerous and form the more important class. Of the published papyri a large part has been indictments, pleadings, court proceedings, wills, marriage certificates, bills of divorce, leases, deeds of conveyance, mortgages, and numerous other documents of public and private character. All of these are of concern not only to the Roman law, but to the Greek, and to some extent to the Egyptian law.
It may be well to indicate briefly some of the results of a legal character which have been drawn from selected Greek papyri. The assertion of Mitteis in 1892 (Reichsrecht und Volksrecht), that there was a unity of law throughout the entire GraecoMacedonian Empire, can no longer be contested, as is abundantly proved by evidence from the papyri. The importance of this fact to the proper understanding and estimation of the relation of Greek and Roman law to each other is not to be undervalued. According to a statute of the Alexandrian Greeks (to mention an interesting detail), descendants of descendants (i. e. grandchildren) have no right of inheritance by representation in the event of surviving descendants of the first degree. In other words, contrary to the Justinianian law of intestate succession, successio per slirpes was barred, should there be surviving children of the first degree. Further, a daughter has no further claim upon the estate of an intestate father beyond the amount of her dos, should there be sons surviving
In the realm of Roman law there are fundamental contributions of many kinds. To mention one of general significance, it has
always been a question how Greek subjects, after the edict of Caracalla, could construct their testaments, which by Roman law must be in the Latin language. A recently disclosed papyrus of the year 235 very conveniently reveals the fact that the obstacle presented by the Caracallan constitutio was removed soon afterward by Alexander Severus.
The uncertain date of Caracalla's general order, ranging hitherto from 212–217, has by the papyri been narrowed down to months in the year 212. Many institutions regarded historically as postConstantinian because first encountered in the Theodosian Code, are by the papyri set back to the first and second centuries. This extension of horizon is of incalculable value to the legal history of the Roman Empire.
Those who wish to be led into the study of the Greek papyri from the legal side will receive this book of Prof. Gradenwitz with satisfaction. The author has limited his studies in this volume to the consideration of problems within the realm of the private law, and especially to contracts.
Apart from papyri, bronze, stone and wax-tablets have transmitted public ordinances, statutes, and legal documents. Waxtablets and papyri form one group, of which the papyri are by far the more numerous; bronze and stone another group, these latter being used for publication, while the former were used for safekeeping: Lex in its broadest sense was entrusted to the more dignified and enduring bronze or stone, papyrus fulfilled the humbler task of recording the fleeting events of daily life. The legal papyri show us how the injunctions of the statutes were executed, they reveal the application of the law to the concrete case, the contest of the parties at issue, the judgment, and ensuing execution—legal snapshots, so to speak—all with great exactness and in a great abundance of examples. The expressed purpose of the author is to put before the philologist the legal, and before the jurist the philological, rudiments of the papyri-study.
The undertaking is unique in the science of papyrology, and this volume is the outcome of practical work with students in the class-room in the restoration and interpretation of selected papyri. It is worthy of note that Gradenwitz, a jurist, is during the present semester offering a course to students of all faculties in the University at Königsberg, in the interpretation of selected papyri.
The volume falls into three main parts: I. On the theory of decipherment; II. Roman and Greek contract-types; III. Characteristic elements entering into the individual transaction.
The theory of decipherment and restoration presents very little that was not known to those who possess already published collections of papyri. The author has chosen as his working-model No. 613 from the Berlin collection. The document is printed first in the original and then as restored by the process of analysis and dismemberment, as a result of the author's method of analyzing first the document in its legal aspect and then with reference