BeDuhn: Marcion's instrumentum as "Charter Documents"

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BeDuhn: Marcion's instrumentum as "Charter Documents"

Post by Peter Kirby »

From Jason Beduhn, "Marcion's Gospel and the New Testament: Catalyst or Consequence?", New Testament Studies (March 2017), issue #2, volume 63, pp. 324-329.

What then explains this peculiar selection that first Marcion and then his opponents considered Christian scripture? I have proposed that gospels and epistles closely correspond to the sort of texts one would find in the capsa, the chest of charter documents kept by Greco-Roman cultic associations. Epistolary correspondence played a major role in the chartering and operation of such associations, along with either a mythic or historical foundation-narrative for the cult. Both kinds of documents were read out in association meetings. What I am proposing, therefore, is that the Hellenised if not Hellene Marcion, rather than thinking in foreign and anachronistic terms of ‘scripture’, was working within this understanding of charter documents when he undertook a standardisation, or ‘canonisation’, of texts for his network of Christian associations. We need to cut through anachronism to recover this environment of sub-literary charter documents to get the nuance of terms quoted (albeit in Latin translation) from Marcion, such as instrumentum for his collection of gospel and apostle, which is precisely the Latin term for such charter documents; and concorporatio, which perhaps goes back to Greek sussomatizo (cf. somatizo, somatismos), to combine or merge into a (single) legal instrument.

It is only when we reset gospels and epistles in this category of charter documents that we can understand the very different expectations about texts that shaped the composition and modification of this material, and can properly situate Marcion’s textual and organisational actions. He is quoted by his opponents as reacting to the introduction of additional texts that he considered incompatible with the original charter documents. This innovation took the form of ‘reading from scripture’, which appears to have been spreading in Marcion’s own time, and for which there is little evidence before that time. This explains his move to ‘canon’, in order to set limits to the Christian instrumentum and to undo the concorporatio of an expanded one that included Jewish scripture, by delimiting and closing the set of accepted charter documents. His opponents, meanwhile, allowed the concept of ‘scripture’ carried by the Jewish Tanakh to gradually but substantially alter their relationship to text, and their view of gospels and epistles, to the one that is assumed today both in the practice of Christianity and in the modern academic study of the Bible.

BeDuhn here references his "'Marcion and the Origins of a Christian Scripture', paper delivered in at the Annual Meeting of the North American Patristics Society, Chicago, 2016."

I appreciate the way that this can offer an intermediate step in the Christian understanding of the status of their books. According to BeDuhn, it also explains the language used to describe the books as published by Marcion and the way the subsequent controversy is described.
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Re: BeDuhn: Marcion's instrumentum as "Charter Documents"

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BeDuhn, in a publication of The Fourth R (September-October 2020), found some support for his ideas in the "Christianity Seminar":

https://mythologymatters.files.wordpres ... r-33-5.pdf
Jason BeDuhn
Becoming a People of the Book


The citation of a text as authoritative by a Christian writer does not prove anything about the broader authority of the text in the absence of clear evidence that it was actually used in community gatherings.
Scholars: Red /Associates: Red

The long established assumption that the first Christians carried over a centrality of scripture to their religious life from prior Jewish practices of congregational worship is untenable in light of (a) the lack of evidence for a liturgical role for Torah prior to the destruction of the Temple, and (b) the lack of reference to reading scripture in the earliest accounts of Christian meetings.
Scholars: Red /Associates: Pink

When Justin Martyr refers to the gospel materials used in his community as hypomnēma, he is expressly denying them the status of authoritative texts.
Scholars: Red /Associates: Red

The best model by which to understand the collection of authoritative texts into a “New Testament” is that of charter documents in Greco-Roman voluntary associations.
Scholars: Red /Associates: Red

The surprising predominance of letters in the New Testament has no precedent in Jewish scriptures, and derives instead from the role letters had among charter documents of associations.
Scholars: Red /Associates: Red

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Re: BeDuhn: Marcion's instrumentum as "Charter Documents"

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Peter Kirby wrote: Thu Apr 04, 2024 8:05 pm
From Jason Beduhn, "Marcion's Gospel and the New Testament: Catalyst or Consequence?", New Testament Studies (March 2017), issue #2, volume 63, pp. 324-329.

What then explains this peculiar selection1 that first Marcion and then his opponents considered Christian scripture? ...

1 to clarify "this peculiar submission" here is the preceding section of that paper, viz.:


... Early Christians did compose texts that look more like Old Testament texts, and in fact a large quantity of Jewish texts underwent Christian redaction and circulated widely. But the kind of texts Marcion chose for his Christian scriptures were unrelated to Old Testament literary forms. So it is remarkable that non-Marcionite Christians embraced [their] choices in gradually demarcating ‘scriptural’ from ‘non-scriptural’ texts. Even more remarkable is the dominance of Paul, which is totally unexpected against the background of the relative neglect of him in the proto-orthodox writers of the second century.

What then explains this^ peculiar selection that first Marcion and then his opponents considered Christian scripture? ...



eta
I emphasis the following thus:


I have proposed that gospels and epistles closely correspond to the sort of texts one would find in the capsa, the chest of charter documents kept by Greco-Roman cultic associations. Epistolary correspondence played a major role in the chartering and operation of such associations, along with either a mythic or historical foundation-narrative for the cult. Both kinds of documents were read out in association meetings. What I am proposing, therefore, is that the Hellenised if not Hellene Marcion, rather than thinking in foreign and anachronistic terms of ‘scripture’, was working within this understanding of *charter documents* when he undertook a standardisation, or ‘canonisation’, of texts for his network of Christian associations. We need to cut through anachronism to recover this environment of sub-literary charter documents to get the nuance of terms quoted (albeit in Latin translation) from Marcion, such as instrumentum for his collection of gospel and apostle, which is precisely the Latin term for such charter documents; and concorporatio, which perhaps goes back to Greek sussomatizo (cf. somatizo, somatismos), to combine or merge into a (single) legal instrument.

It is only when we reset gospels and epistles in this category of charter documents that we can understand the very different expectations about texts that shaped the composition and modification of this material, and can properly situate Marcion’s textual and organisational actions. He is quoted by his opponents as reacting to the introduction of additional texts that he considered incompatible with the original charter documents. This innovation took the form of ‘reading from scripture’, which appears to have been spreading in Marcion’s own time, and for which there is little evidence before that time. This explains his move to ‘canon’, in order to set limits to the Christian instrumentum and to undo the concorporatio ...

His opponents, meanwhile, allowed the concept of ‘scripture’ carried by the Jewish Tanakh to gradually but substantially alter their relationship to text, and their view of gospels and epistles, to the one that is assumed today ...


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Re: BeDuhn: Marcion's instrumentum as "Charter Documents"

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Thanks, MrMacSon! I appreciate it.

Judging by the book's cover, BeDuhn did not develop this idea yet when he wrote The First New Testament: Marcion's Scriptural Canon (2013).

If Marcion were a shipowner, he would have had prior personal experience with professional associations, given the significance of the associations of shipowners in the Roman Empire for those invested in that trade.
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Re: BeDuhn: Marcion's instrumentum as "Charter Documents"

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What BeDuhn writes in The First New Testament, pp. 17-18, may still be relevant:

Many of those engaged in the sea trade were wealthy, prominent, well-connected people, and they formed exclusive guilds that coordinated ventures and built up solidarity in clubs. They were one of the only segments of the population to have channels of communication independent of government control. The role they may have played in spreading Christianity must remain for now mostly speculation. But it may be pertinent to note that, precisely at the time when Marcion was active, the emperors Antoninus Pius and Marcus Aurelius both found it necessary to issue laws against people not actually involved in the sea trade being admitted to membership in its professional associations, suggesting that the latter were being employed for some sort of networking beyond their original purpose.

The footnote here points to Dig. 50.6.5.6; 50.6.5.9. So here is 50.6.5.6.

[The deified Hadrian stated...] 6. Although a man may be a member of the corporation of shipowners, yet if he does not possess a ship or ships and if all the things laid down in imperial constitutiones do not fit his case, he will not be able to avail himself of the dispensation granted to shipowners.

And this was laid down by the deified brothers in a rescript in these words: "There were also other people who claimed to escape munera on the same grounds as shipowners and people supplying the market of the Roman people with corn and oil, who are immune, although they were not making voyages and did not have the greater part of their capital invested in maritime and mercantile business; such people are to be deprived of immunity."

And here is 50.6.5.9.

9. The deified Pius also stated in a rescript that whenever any shipowner was being investigated it should be elicited whether he was putting on the show of being a shipowner for the purpose of escaping from munera.

A relevant reference here:

https://www.oxfordreference.com/display ... 3095958691
Immunity for life from Roman taxation could also be granted to individuals. Immunity from local munera (see munus) might be granted either by Rome or by the community. Besides personal grants there was general exemption under the empire for such groups as shippers supplying corn to Rome, and local philosophers, rhetors, and doctors.

IMO, this does not seem to be supported by the reference (emphasis added):

Antoninus Pius and Marcus Aurelius both found it necessary to issue laws against people not actually involved in the sea trade being admitted to membership in its professional associations

It would seem to be more correct to say: Antoninus Pius and Marcus Aurelius both found it necessary to issue laws against people "putting on a show of being a shipowner" to claim immunity from munera, if actually "they were not making voyages" and "did not have the greater part of their capital invested in maritime and mercantile business." This may or may not imply excluding them from such associations. Also, in Hadrian's time, it was possible to be in the association (apparently legally) and also not be eligible for exemption.

Perhaps this argument could instead be made:

[The deified Hadrian stated...] 6. Although a man may be a member of the corporation of shipowners, yet if he does not possess a ship or ships and if all the things laid down in imperial constitutiones do not fit his case, he will not be able to avail himself of the dispensation granted to shipowners.

  1. Some joined a "corporation of shipowners" as part of a "show of being a shipowner" to claim immunity from munera. There is evidence of this under Hadrian (117-138), with supplementary indications under Antoninus Pius (138-161) and Marcus Aurelius (161-180).
  2. As part of being in such professional associations, in addition to the original intent of tax evasion, any actual participation (to "put on the show") once in the association of shipowners would be "some sort of networking beyond their original purpose" (BeDuhn) because they weren't shipowners.
  3. So it is likely that in the second century, by the time of Hadrian (117-138), associations of shipowners were particularly affected by an expansion of their ranks beyond the original intended membership, making them particularly likely to involve "networking beyond their original purpose."
The tradition that Marcion was a shipowner would then shed light on the origin of the Christian instrument (charter documents) as the brain-child of someone who would have been a member of a professional association. A shipowner in particular would have been experienced in a context where those associations functioned in a way that would involve a wider kind of networking beyond just the professionals themselves. The application of a concept (charter documents) used by an association of shipowners to the kinds of gatherings that Christians were involved in, which explicitly (rather than illegitimately) had a wide concept of allowed membership, would be an understandable development.

Of course it's worth distinguishing between professional associations and "voluntary associations" (BeDuhn) in this context. I don't know what part of the argument is specific to voluntary associations and what would carry over to professional associations.
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Re: BeDuhn: Marcion's instrumentum as "Charter Documents"

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https://www.romanports.org/en/articles/ ... wners.html

Cicero, De Re Publica, 2, 7
The following commentary from the Roman orator, politician, lawyer and philosopher Marcus Tullius Cicero gives a somewhat more precise view on the concept of navicularius:
“Navicularii dicuntur, qui transferunt frumenta in urbem aut ubicumque est imperator” ("Whoever transports grain to Rome or wherever the emperor is, is called navicularius.")

Nauta, nauticus, nauclerus, navarchus the same term
From the end of the first century AD., the navicularius could, besides being an independent shipowner, also be the designation of a shipowner who works within the framework of a corpus and acts as a trading partner of the government as part of the annona, the distribution of grain among the population (see "Eating from the African bowl").The navicularius acquires again a different meaning in late antiquity. He then is no longer just the person in charge of transport for the government, but also the person who helps to finance this transport with his assets.
From the second century BC. there will also be another name for the navicularius, the exercitor. The Roman lawyer Ulpianus says the following about this: “Exercitor ('shipowner') we now call the person to whom all income and profits accrue, whether he is the owner of the ship or hires the ship from the owner as a whole, either for a fixed time or forever." 5
In addition to the term exercitor, concepts such as nauta, nauticus, nauclerus and navarchus with the meaning of navicularius were also used. All these names were navicularii who undertook overseas transports.

There was an additional dispensation in the mid second century (consistent with the time of Hadrian):
We can assume that the majority of the navicularii owned the ships they operated: from a commercial point of view it is logical that he himself had the means with which he practiced his profession.
If the dominus navis had a contract with the state to transport goods to Rome, it brought him several benefits. Under Claudius, a social promotion was promised and Nero gave them a tax reduction.
Around the middle of the 2nd century AD. the domini navium enjoyed an exemption from the munera publica (public donations):
“Those who have built sea-going vessels with a capacity of not less than 50.000 modii, or five or more ships with a capacity of not less than 10.000 modii each, and which are deployed to supply the Roman people are granted, on behalf of their ship, with an exemption from public obligations, as long as these ships are sailing or others in their place. However, senators cannot benefit from this exemption because they are not permitted to have a ship under the lex Iulia repetundarum". With this exemption they received the same privileges as the navicularii (shipowners) and negotiatores (traders) who worked for the annona (grain transport for the State).

It also may have given them other rights:
Claudius also offered the prospect of benefits for those having built new ships with a minimal content23:
"Also under an edict by Claudius, Latin civilians get Roman civil rights if they build a seagoing vessel that can hold no less than 10,000 modii grain and that ship, or one that has been replaced, transports grain to Rome for six years."
In the 2nd century the minimum tonnage was increased to 50,000 modes (435 tons). This did not have to be a single ship with a tonnage of 50,000 modes, but could also be a number of ships with a total capacity of 50,000 modes.

Here is the section on their associations:
In the first two centuries of the Empire, navicularii, as individuals, had the opportunity to enter the service of the annona, as a transporter, or as an investor with at least half his fortune. Probably from Trajanus they are united in corpora. Although it is not entirely certain, it is assumed that it began spontaneously as associations of shipowners, proofed by the state and gradually entering into an increasingly dependent relationship with the government. This process must have taken place in various areas of interest to the Roman economy and the annona. The shipowners of Narbo were a big exception. They did not join together in a corpus but in familiae (shipowners within their own clan). Being a member of a corpus did not mean automatically that you provided from the benefits which navicularii with a contract of the State had. Nevertheless the membership was sometimes wrongly misused for obtaining those privileges.

The corpora were organized according to the model of the local administration with its own management, administration, pay-office, etc. 25
It was headed by one or more magistrates with titles such as magister, quinquennalis or magister quinquennalis. These were assisted by lower "officials" for, for example, the finances (questores and curators) and clerks (scribae). Incidentally, only a handful of officials are well-known and almost all of them were members of the corpus naviculariorum maris Hadriatici, (association of shipowners working on the Adriatic Sea) that was probably housed in Ostia26.

In addition to this corpus, in the 2nd century we only find the corpus naviculariorum marinorum Arlatensium from Arles. An inscription found in the theater of Arles shows how important the position of the shipowners was. They had good, reserved seats in that theater27.

In conclusion, we can say that the great importance of corpora for the government was that they could permanently dispose of a body that took care of the transport of goods for the State and offered the guarantee that contracts would not be broken by individual problems. The State no longer dealt with individual shipowners but with the corpus as a whole. For members it was interesting because of the privileges they received, the mutual assistance in money and ships from other members and the prestige of the corpus itself.

In addition, there remained enough cargo for individual shipowners as we see on the Piazzale delle corporazioni. The shipowners carrying grain had a contract with the State, but this only concerned grain and later oil for distribution to the people. Of course, much more grain and oil was traded and transported. The same applied to many other products. These navicularii or negotiones were certainly not required during the first three centuries of our era to become a member of a corpus. In the 4th century this membership became mandatory for all shipowners.

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Re: BeDuhn: Marcion's instrumentum as "Charter Documents"

Post by Peter Kirby »

The nature of the tax fraud (false claim of immunity from public donations, munera) was probably very simple.

You could be a 'shipowner' if you were "an investor with at least half his fortune" (Broekaert). The tax evasion scheme would allow multiple smaller investors to claim to be a 'shipowner' also, even if their investment was not that substantial. Participation in the association of shipowners (who also benefited from the investments) could be alleged to support the claim.

Or, if you were already very wealthy (as a landowner), your maritime business could only be a small part of your wealth.

Hence the law against they who "did not have the greater part of their capital invested in maritime and mercantile business" (Digest) being able to benefit from the same immunity.
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