SURVEY OF LITERATURE 9 1
W . L . W E S T E R M A N N , Between slavery and freedom. T h e A m . H i s t . Rev. L ( 1 9 4 5 ) , p. 213ff.
T h i s short essay offers more than its modest title indicates. T h e author develops the idea that the essential of h u m a n freedom in antiquity is the right of movement and this "spacial mobility" is recognized as a legal right. T h e limitations of this right may be set up by agreement (as in manumissions, marriage-contracts, vows to the god as in the case of κάτοχοι) or may be statutory (as in the case of royal peasants, βασιλικοί γεωργοί and workers in factories in Ptolemaic E g y p t ) . T h e author reviews the restrictions of the right of movement in the later Roman Empire, in the M i d d l e Ages and in modern times. T h e essay is only an extract of the author's w o r k on the subject which is in preparation.
W . L . W E S T E R M A N N , Slave Maintenance and Slave Revolts. Classical Philology. X L ( 1 9 4 5 ) , p. Iff.
T h i s essay is of high importance for papyrologists. T h e author points out that the idea of accepted standards of maintenance-arrangements ( t r o p h e i a ) f o r slaves, for indentured freedmen and f o r free persons must be gen-eralized out of the Delphic manumission over the G r e e k w o r l d in the Hellenistic period. H e analyzes the terms τρόφιμον and τρόφιμον δουλικόν in the papyri and points out that the terms refer to t w o different types of sustenance, the former f o r free persons, he latter for slaves.
T H E L A W G O V E R N I N G D O M E S T I C A F F A I R S
F . S C H U L Z , Roman Registers of Births and Birth-Certificates I. J o u r n a l of R o m a n Studies 1942. X X X I I ( 1 9 4 2 ) , p. 78ff.
T h e a u t h o r gives a full list of the documents concerned, a r r a n g i n g them in t w o groups, birth certificates of legitimate and of illegitimate children. W i t h i n each group the documents follow in chronological order, as f a r as possible according to the date of the entry in the register. T h e n he discusses the legal basis of the R o m a n registration of birth,' the professio liberorum, the registration of births, kalendarium and album ( t o be con-c l u d e d ) .
G . G A R D I K A S , Ελληνικά iv Αίγυπτο) γα/κλία σνμβόλίΐα {'Αρχ. ίδ. δικ. V I , 157ff.).
T a k i n g as a starting-point Eleph. 1, the author compares t h e legal position of a woman, as revealed in this papyrus, with that of a d a u g h t e r u n d e r patria potestas in Egyptian l a w ; then he discusses the time and the place where marriage-contracts w e r e d r a w n up ; the provisions of the mar-riage contracts on the joint dispostive powers of the spouses; the voluntary
92 JOURNAL OF PAPYROLOGY
separation of the spouses ; the voluntary separation of the spouses ; hereditary provisions in matrimonial contracts: dos and parapherna; άγραφο s and ίγγραφος -γάμος ; the term συνοικισίου. Some remarks on ίγγύη-ίγγυω are added.
R. O . F I N K , The Sponsalia of a Classiarius: a Reinterpretation of P. Mich. Inv. 4703. Am. Philol. Ass. L X X I I (1942), p. 109ff.
The author rejects the original interpretation of P. Mich. Inv. 4703 as a soldier's marriage contract. Instead it should probably be regarded as a contract of betrothal, in this case substituted for a marriage which had been annulled by the husband's enlistment. ( C f . supra Berger, p. 13ff.) H . J. W O L F F , Written and unwritten marriages in Hellenistic and
Postclassical Roman law. Published by the American Philological Asso-ciation, Haverford, Penn. 1939.
There were not two types of mariage in the Chora, but two types of marriage contract, the συγγραφή συνοιικσίου and the συγγραφή ομολογία·», both of which brought about a perfectly lawful marriage. The συγγραφή συνοικεσίου and perhaps also the συγγραφή ομολογίας were already effective before the couple actually joined. The dual form of marriage met within Alexandria, the marriage contracted through συγχωρψης and the marriage contracted before the hierothytai were entirely lawful as to private law; the latter procured only a better political status of the sons. Άγράφως owemu, attested by Dura Perg. 22 as a common Hellenistic custom, was not different from the Ptolemaic homologia marriage, except for the fact that no written agreement was executed. The third chapter links the Greek marriage law of Egypt with the classic Greek law. In the fourth chapter the author explains that the requirement of a written contract as a condition of lawful marriage, which in some cases passed into law by the legislation of Justinian, cannot be due to adoption of provincial legal ideas but developed directly from ideas springing naturally from the latest classic Roman law under Christian influence.
W . E R D M A N N , Die Eheschliessung im Rechte der graeco-aegyptischen Papyri von der Besetzung bis in die Kaiserzeit. Sav. Z. L X (1940), p. 151.
The marriage contract is at the beginning of the Ptolemaic era, the national Greek ίγγνησκ (Eleph. 1). Under the influence of the Egyptian law an agreement between the bridegroom and the bride with the assistance of the κύριος came into being, in which the dowry and the mutual rights and duties of the spouses were regulated. The ϊκδοσις, which lost its value, ceased to be mentioned, and one contented oneself with the
acknowledg-SURVEY OF LITERATURE 93
ment of the husband's áccepting the dos, with which further arrangements used to be combined. In Augustus era, under the Roman influence, the idea prevailed that a valid marriage required only mutuus consensus as is the case in the <jTryxcip7?CT«-documents. The former forms of marriage, how-ever, remained also in force. Finally the author deals with the financial and personal effects of marriage.
W . E R D M A N N , Die Ehescheidung im Rechte der graeco-aegyptischen Papyri. Sav. Z . L X I (1941), p. 44-57.
Divorce is accomplished either by mutual agreement or unilaterally by actual separation. In the former case a public document, since Augustus, one before the agoranomos used to be drawn up, in which the financial effects of the divorce were described. Especially the parties to the agreement issued a receipt that the dos and other gifts were returned, and discharged their claims. This document has, at the beginning, only a declaratory character which proves that the marriage was in fact dissolved. Whether Grenf. II 76 = M . Chr. 295 reflects the new point of view according to which the deed of divorce has not to prove but establish divorce, is doubtful. As far as the unilateral dissolution of marriage is concerned, the unilateral statement was replaced by a formal declaration (repudium) from the beginning of the I V cent. A . D .
W . E R D M A N N , Zum γάμος άγραφος der graeco-aegyptischen Papyri. Festschrift Koschaker III (1939), p. 224ff.
Άγραφος γάμος is like the Egyptian συγγραφή τροφίτις a financially secured concubinate. The characteristic of the άγραφος γάρος is that in this γάμος provisions on dowry are missing.. The dissolution of such a marriage used to be attested by a deed in order to avoid any claims. The Dura-Europos deed of divorce confirms this idea. The acknowledgment of the concubinate as legitimate conubium sine honesta celebratione of the later times may have been influenced by the άγραφος γάμος of the Greco-Egyptian papyri. S. S O L A Z Z I , P. Mich. Inv. 508 e il matrimonio delia filia familias.
St. Doc. Hist. Iuris V (1939), p. 471-79.
The article deals with reference to Mich. Inv. 508 with the question whether or not the consent of the filia familias was required for her marriage. T h e author asserts that Mich. Inv. 508 confirms his theory that her consent was not a prerequisite of the validity of her marriage.
A . M E N K M A N , Het Huwelijksverbod voor Soldaten ten tijde van het romeinsche principaat en zijn invloed op vorm en lot van de dos. Tijdschr. v. Rg. X V I I , 3,31 Iff.
