Concubinage
An alternative to legitimate marriage under Roman law was concubinage (concubinatus), i.e., a permanent, monogamous sexual union between a man and a woman without affectio maritalis.
A man could have either a wife or a concubine, but not two wives or concubines simultaneously (P.S. 2.20.1; C.J. 5.26.1). Polygamous relations were forbidden. The concubine was usually of lower status (for instance, a freedwoman or former prostitute) than the con- cubinator, and she did not take his rank (Ulpian, D. 32.49.4). Prohibitions on marriage between senators (and their descendants) and freedwomen, as well as rules forbidding soldiers in service to marry and restricting the marriage of provincial magistrates, all served to foster and dignify concubinage. As a matter of fact, it was often hard to distinguish concubinage from marriage. The presence or absence of a dowry was one of the best indicators, since (again) there was no dowry in concubinage. Another signal was gift-giving between the partners, since giving gifts was forbidden between spouses but not within concubinage. But many rules that applied to marriage were extended to concubinage as well. For instance, no concubine could be younger than twelve (Ulpian, D. 25.7.1.4), and children were forbidden to take as wives the concubines of their parents (C.J. 5.4.4. of 228).Nevertheless, while it was not prohibited by law (Marcianus, D. 25.7.3.1), concubinage did not carry the legal rights and implications of a valid marriage. For instance, it did not produce legitimate children or, therefore, automatic heirs. Still, a concubinator could appoint guardians for his children, leave property for them, and (until Constantine) leave property for his concubine (C.Th. 4.6.2.4). Moreover, late imperial legislation allowed for the legitimation of children from concubinage by subsequent marriage.
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