The Roman Army, 31 BC–AD 337: A Sourcebook

154 The Roman Army
Longinia, had been born to him on 26 December just past, from Arsus,
daughter of Lucius, his concubine. Therefore he said that he had made
this declaration because of the restriction imposed by military service.
Carried out at Philadelphia in the winter quarters of the second cohort
of Thebans on 26 December, in the consulship of S[ergius Octavius]
Laenas Pontianus and Marcus Antonius Rufinus, in the sixteenth year
of Emperor Caesar Trajan Hadrian Augustus, on the thirtieth day of
the month Choiak.
(In Greek) I, Epimachus, son of Longinus, the soldier mentioned
above, have affirmed that my daughter, Longinia, was born, just as is
written above.
Since soldiers were not permitted to contract a legal marriage, the children of
their unofficial unions were illegitimate and could not be entered on the record
of births. Soldiers therefore tended to make unofficial declarations of birth
before witnesses to establish the child’s identity, which might help in any claims
on their father’s property.
257 Mitteis and Wilcken 1912: II.2 no. 372, and FIRA 3. 19,
papyrus, Egypt, AD 114–42 (extracts)
(i) Year 20 of the divine Trajan 10 Tybi (5 January 117). When Lucia
Macrina had made a statement through her advocate, Phanius, that
she was seeking a monetary deposit from the estate of the soldier
Antonius Germanus, now deceased, Lupus (Marcus Rutilius Rufus,
prefect of Egypt, 113–17) said: ‘We know that deposits of this kind are
dowries. For cases like this I do not grant a judge. For a soldier is not
permitted to marry. If you claim a dowry and I grant a judge, it will
seem that I have been persuaded that the marriage is legal.’
This papyrus contains a collection of decisions made by prefects of Egypt in
respect of soldiers’ families.
A woman could not claim back her dowry from the estate of a soldier since
she was not recognized as being legally married (Campbell 1978:154).
(ii) Year 18 of Trajan, 27 Phaophi (24 October, 114)
Longinus Hy [ _ _ _ ] declared that he, a Roman citizen, had served in
the first cohort of Thebans under Severus, and had while in military
service lived with a Roman woman by whom he had begotten Longinus
Apollinarius and Longinus Pomponius, and he asked that these be
certified (as Roman citizens). Lupus, having talked with his legal
advisers, stated: ‘The boys will be [certified] since they have been born