Английская Википедия:Concubinatus

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Файл:Epigrafe funebre per m. vennius rufus, padre, madre, moglie e concubina, da Telese, inv. 3008.jpg

The concubina Fufia Chila is included in this family gravestone set up by Marcus Vennius Rufus to commemorate himself, his father and mother, and his wife (Museo Archeologico Nazionale di Napoli )

A concubinatus (Latin for "concubinage" – see also concubina, "concubine", considered less pejorative than paelex, and concubinus, "man who lives with another with no legal marriage") was an institution of quasi-marriage between Roman citizens who for various reasons did not want to enter into a full marriage or faced legal obstacles to doing so. The institution was often found in couples when one partner belonged to a higher social class or where one of the two was freed and the other one was freeborn.Шаблон:Sfn However, it differed from a contubernium, where at least one of the partners was a slave.Шаблон:SfnШаблон:Sfn

In Roman law

What legally differentiated a concubinage from a marriage was a lack of affectio maritalis ("marital affection"), which was the desire of having a legal spouse, raise their rank, make them their equal, or the corresponding intent from the other party involved.Шаблон:SfnШаблон:Sfn A person registered in a concubinatus was not allowed to have a spouse at the same time.

Emperor Augustus' Leges Juliae gave the first legal recognition of concubinage, defining it as cohabitation without marital status. Concubinatus came to define many relationships and marriages considered unsuitable under Roman customs, such a senator's desire to marry a freedwoman, or his cohabitation with a former prostitute.Шаблон:Sfn A quasi-marital relationship involving a Roman citizen and a foreigner was not considered a concubinage but was rather equated to a marriage between non-Romans (matrimonium juris gentium),Шаблон:Sfn without legal consequences except those deriving from the Jus gentium.

While any couple could live in a concubinage instead of entering into a marriage, they were compelled to give notice to the authorities.Шаблон:Sfn This type of cohabitation varied little from actual marriage, except that heirs from this union were not considered legitimate. Often this was the reason that men of high rank would live with a woman in concubinage after the death of their first wife; the claims of their children from the first marriage would not be challenged by their children from the later union.Шаблон:Sfn

Concubina

The title of concubine was not considered derogatory (as it may be considered today) in ancient Rome, and was often inscribed on tombstones.Шаблон:Sfn Concerning the difference between a concubine and a wife, the jurist Julius Paulus wrote in his Opinions that "a concubine differs from a wife only in the regard in which she is held", meaning that a concubine was not considered a social equal to her patron, as his wife was.Шаблон:Sfn

Concubines did receive some protection under the law, even though they could not legally share their patron's social stature. They largely relied upon their patrons to provide for them. Early Roman law sought to differentiate between the status of concubinage and legal marriage, as demonstrated in a law attributed to Numa Pompilius, the second king of Rome, circa 716–673 BCE: "A concubine shall not touch the altar of Juno. If she touches it, she shall sacrifice, with her hair unbound, a ewe lamb to Juno";Шаблон:Sfn this fragment gives evidence that concubines existed early in the Roman monarchy, but also notes the banning of their involvement in the worship of Juno, the goddess of marriage. Later the jurist Ulpian wrote on the Lex Julia et Papia, "Only those women with whom intercourse is not unlawful can be kept in concubinage without the fear of committing a crime".Шаблон:Sfn He also said that "anyone can keep a concubine of any age unless she is less than twelve years old".

A concubina was most often a freedwoman or slave,Шаблон:Sfn but even an enslaved concubine was privileged under the law. If her owner went bankrupt, all his assets, even his personal belongings such as clothing, could be seized by ceditors and sold; among his slaves, however, a concubina and any biological children he had fathered with a female slave were excluded from the sale.Шаблон:Sfn

Concubinus

A masculine of concubine, concubinus, "man in a concubinage", "male-lover",Шаблон:Refn was also regularly used in Latin, although it is attested less often than concubina. See, for instance, Tac. A. 13, 21: "Nunc per concubinum Atimetum et histrionem Paridem quasi scaenae fabulas componit." ("Now through her paramour, Atimetus, and the actor, Paris, she is, so to say, concocting a drama for the stage").Шаблон:Refn

Polygamy

Despite traditional Roman aversion against polygamy and the fact that according to the Roman law a man could not have a concubine while he had a wife,Шаблон:Sfn there are various notable occurrences of this, including the famous cases of the emperors Augustus, Marcus Aurelius, and Vespasian. Suetonius wrote that Augustus "put Scribonia [his second wife] away because she was too free in complaining about the influence of his concubine".Шаблон:Sfn Often, in return for payment, concubines would relay appeals to their emperor. This de facto polygamy – for Roman citizens could not legally marry or cohabit with a concubine while also having a legal wife – was "tolerated to the degree that it did not threaten the religious and legal integrity of the family".Шаблон:Sfn

See also

• Marriage in ancient Rome

Bibliography

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Further reading

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