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Wills in the Roman Empire a Documentary Approach Apyrology P Uristic J SUPPL_XXIII_str:Janiszewski_str.ok 1/6/16 12:25 PM Page 2 WILLS IN THE ROMAN EMPIRE A DOCUMENTARY APPROACH APYROLOGY P URISTIC J not for commercial use OURNAL OF J HE T Supplement XXIII SUPPL_XXIII_str:Janiszewski_str.ok 1/6/16 12:25 PM Page 3 UNIVERSITY OF WARSAW FACULTY OF LAW AND ADMINISTRATION CHAIR OF ROMAN LAW AND THE LAW OF ANTIQUITY UNIVERSITY OF WARSAW INSTITUTE OF ARCHAEOLOGY DEPARTMENT OF PAPYROLOGY THE RAPHAEL TAUBENSCHLAG FOUNDATION THE JOURNAL OF JURISTIC PAPYROLOGY Supplements SERIES EDITORS TOMASZ DERDA ADAM ¸AJTAR JAKUB URBANIK VOLUME XXIII not for commercial use SUPPL_XXIII_str:Janiszewski_str.ok 1/6/16 12:25 PM Page 4 WILLS IN THE ROMAN EMPIRE A DOCUMENTARY APPROACH APYROLOGY P MARIA NOWAK URISTIC J not for commercial use OURNAL OF J HE WARSAW 2015 T Supplement XXIII rz04_redaction.qxp_rz04_redaction 20/01/16 11:14 Page IV Supplements to The Journal of Juristic Papyrology are jointly published by the Faculty of Law and Administration of the University of Warsaw, the Insti- tute of Archaeology of the University of Warsaw, and Fundacja im. Rafała Taubenschlaga, Krakowskie Przedmieście 26/28, 00–927 Warszawa 64 tel. (+4822)55.22.815 and (+4822)55.20.384, fax: (+4822)55.24.319 e-mails: [email protected], [email protected], [email protected], [email protected]; web-page: http://www.taubenschlagfoundation.org Cover design by Maryna Wiśniewska DTP by Joanna Wegner English translation: Jesse Simon and Jonathan Wooddin in collaboration with the author Scientific editor: Joanna Wegner © for the book by Maria Nowak and Fundacja im. Rafała Taubenschlaga Warszawa 2015 Translation and publication were made possible thanks to a grant of the University of Warsaw Foundation and of the Faculty of Law and Administration of the University of Warsaw. not forBack cover photo:commercial © University of Pennsylvania use Museum of Archaeology and Anthropology ISBN 978-83-938425-2-0 Wydanie I. Druk i oprawa: Sowa Sp. z o.o., ul. Raszyńska 13, 05-500 Piaseczno rz05_06 contents TD.qxp_rz05-06 19/01/16 23:49 Page V TABLE OF CONTENTS ACKNOWLEDGEMENTS . vii PRÉFACE (by Joseph Mélèze Modrzejewski) . ix ABBREVIATIONS . xv Introduction AIMS AND SCOPE OF THE STUDY . 3 Chapter One TESTAMENTARY REQUIREMENTS . 19 1. Testamentum per aes et libram – 19. 2. Praetorian will? – 34. 3. Late Empire – 42. 4. Civil and praetorian wills reconsidered – 46. 5. Five- and seven-witness wills in Eastern and Western legal practice – 51 (The East – 51; The West – 54). 6. Form of the will in the late Roman Empire – 54 (Seals of witnesses – 54; Signatures of witnesses – 58; Signature of the testator – 64; Structure of the document – 66). 7. Oral will – 67. not8. Holograph for will – 69. Conclusioncommercial – 70. use Chapter Two OPENING THE WILL . 73 Introduction – 73. 1. Location of the opening – 76. 2. Initiation of the procedure – 81. 3. Fees – 87. 4. Witnesses – 88. 5. Nomikos – 94. 6. The document – 95. Conclusion – 102. rz05_06 contents TD.qxp_rz05-06 19/01/16 23:50 Page VI VI TABLE OF CONTENTS Chapter Three TESTAMENTARY MODEL IN LATE ANTIQUITY . 105 Introduction – 105. 1. Dating clauses – 118. 2. Identification of the testator – 121. 3. Revocation clause – 127. 4. Heredis institutio – 129 (Juridical sources: the language form – 129; Testamentary practice: the lan- guage form – 130; Imperial constitutions: the language form – 132; The scope of heredis institutio in the light of juridical sources – 134; Testamen- tary practice – 137; Imperial constitutions – 145; Conclusion – 146). 5. Cretio clause – 147. 6. Disinheritance – 153. 7. Legacies – 160. 8. Emancipations – 175. 9. Funerals, tombs, and commemoration – 182 (Pagan clauses – 183; Christian clauses – 190). 10. Codicillary clauses – 194. 11. Penal clause – 199. 12. Dolus clause – 202. 13. Stip- ulation clause – 203. 14. Kyria clause – 204. Conclusion – 205. APPENDICES . 209 1. Hellenistic wills – 210. 2. Local wills from the Roman period – 271. 3. Roman wills – 342. 4. Late Roman and Byzantine wills – 388. 5. Merovingian wills – 448. BIBLIOGRAPHY . 451 1. Legal sources – 451. 2. Secondary sources – 452. INDEX OF SOURCES . 475 1. Literary sources – 475. 2. Legal sources – 476. 3. Papyri – 480. 4. Inscriptions – 490. not for commercial use rz07_08 acknowledgements TD.qxp_103_143 Ch3 07/01/16 11:45 Page VII ACKNOWLEDGEMENTS he present book originated as a doctoral dissertation undertaken Tat the University of Warsaw; however that initial text has been revised substantially over the last three years, and the final form of the book reflects both the remarks of reviewers and the advice of colleagues, to whom I would like to express my gratitude. My doctoral studies were made possible thanks to financial assistance from various institutions, including: the Foundation for Polish Science; the Ministry of Science and Higher Education; the Deutscher Akademis- cher Austauschdienst e.V.; the Foundation of the University of Warsaw; and finally the Faculty of Law and Administration, where I have the priv- ilege of working. It was Jakub Urbanik who first introduced me to papyri and the field of juristic papyrology during my first year as a student of Roman law. In publishing this book, I hope that Kuba will be content with the results of hisnot teaching. for commercial use When listing the various individuals who contributed both to my stud- ies and to this book, I must always start with Maria Zabłocka, my super- visor and mentor, to whom I am immensely grateful, both for her cons tant assistant and her patience. However, she is not the only one to whom I owe a debt of gratitude: Józef Mélèze Modrzejewski acted not only as my reviewer, but also kindly agreed to read the final version of this book and has been very supportive throughout my academic life; in addition, rz07_08 acknowledgements TD.qxp_103_143 Ch3 19/01/16 20:12 Page VIII VIII ACKNOWLEDGEMENTS the comments of my other reviewers, Tomasz Derda and Marek Kuryło- wicz, helped to give my research direction and focus. Agnieszka Kacprzak read the final version of the book and provided me with invaluable com- ments on its content and structure. Finally, a number of my colleagues deserve thanks for their comments on the original version of my disserta- tion: José Luis Alonso, Martin Avenarius, Paul du Plessis, Tomasz Giaro, Jerzy Krzy nówek, Adam Łajtar, and Ewa Wipszycka-Bravo. I owe a special debt of gratitude to Willy Clarysse, who kindly gave his consent to reproducing in the appendices to this book his translations of wills from the Ptolemaic period first published in P. Petrie I2. Any science ultimately rests on the clear presentation of information, and it is worth acknowledging the contributions of my editor, Joanna Weg- ner, who spent an enormous amount of time and energy making this book readable, or at very least legible. Jesse Simon kindly agreed to proofread the text, a task of great assistance to an author who is not a native English speaker. Andrzej Mirończuk and Tomasz Płóciennik were responsible for the final proofreading of the book and its appendices. None of the people listed above, however, are responsible for any errors or inaccuracies in the present book, which must remain solely the responsibility of the author. Warsaw, November 2015 Maria Nowak Postscriptum notIn the for final stages commercial of preparing this book for publication, useit came to my attention that Benedikt Strobel had recently published the book Römische Testamentsurkunden aus Ägypten vor und nach der Constitutio Antoniniana [= Münchener Beiträge zur Papyrusforschung 109]. Although it was too late to include the results of his research, the work of B. Strobel will be of inter- est to any reader who wishes to have a full picture of the current state of scholarship regarding the subjects discussed in this book. rz09_13 Preface TD.qxp_103_143 Ch3 07/01/16 11:45 Page IX PRÉFACE ans l’Empire romain, dont les frontières s’étendaient jusqu’aux Dlimites de le terre habitée (oikouménè) autour de la Méditerranée, la durée moyenne de la vie humaine dépassait à peine 30 ans. Se soucier de ce que vont devenir vos biens et votre foyer n’était donc pas le privilège de l’âge avancé ; il fallait y penser au moment même où la vie familiale ne fai- sait que commencer. Les règles légales, qui garantissaient la priorité des descendants dans l’ordre de la succession, ne pouvaient pas résoudre tous les problèmes que faisait surgir le décès. La pratique juridique venait donc au secours de la loi par des actes de dernière volonté, conservés dans les documents grecs et romains, et en particulier dans les papyrus d’Égypte. Maria Nowak leur consacre sa thèse de doctorat, soutenue à Varsovie en janvier 2012 et qui paraît aujourd’hui en version anglaise, ce qui la rendra accessible à tous les lecteurs ne sachant pas lire le polonais. En dépit de l’abondance des sources, la bibliographie du sujet traité par Marianot Nowak estfor assez modeste.commercial L’ouvrage de Hans Kreller, Erbrechtliche use Untersuchungen auf Grund der gräco-ägyptischen Papyrusurkunden, paru en 1919, a vieilli. Il en va de même du manuel de Rafał Taubenschlag, The Law of Greco-Roman Egypt in the Light of the Papyri, 332 bc – 640 ad, Varsovie 1955 (2e édition), dont le chapitre consacré au droit successoral (pp. 190–204) n’est qu’un condensé de Kreller. Plus récemment, Mario Amelotti (Il testa- mento romano attraverso la prassi documentale, Florence 1966) et sa brillante élève Livia Migliardi Zingale (I testamenti romani nei papiri e nelle tavolette rz09_13 Preface TD.qxp_103_143 Ch3 07/01/16 11:45 Page X X PRÉFACE d’Egitto, Turin 1997) ont renouvelé l’étude des documents successoraux. Pour l’époque ptolémaïque, la réédition des Papyrus Petrie par Willy Cla- rysse fournit, dans son premier volume, une soixantaine de testaments ou fragments de testament du IIIe siècle avant n.
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