Legal Definitions - concubinatus

In ancient Roman law, concubinatus referred to a recognized, permanent, and monogamous relationship between a man and a woman who were not legally married.

Unlike formal marriage (known as justae nuptiae), concubinatus did not grant the same legal rights or social status to the partners or their children. However, it was not illegal; rather, it was a lawful and socially accepted form of cohabitation, often occurring when there were social or legal impediments to a formal marriage. Typically, these unions involved individuals of different social standing, where the man was of a higher rank and a formal marriage with the woman might have been considered inappropriate or undesirable for his social or political standing.

Here are some examples illustrating the concept of concubinatus:

• Imagine a distinguished Roman senator, already established in society, who forms a lasting relationship with a talented freedwoman. While he deeply values her companionship and they live together exclusively, a formal marriage would be politically disadvantageous for him, potentially affecting his social standing or the inheritance prospects of children from a previous formal marriage. Their union is stable and publicly known, but it lacks the full legal recognition and benefits of a formal marriage, fitting the description of concubinatus.

• Consider a Roman legionary stationed in a distant province. He establishes a long-term, exclusive relationship with a local woman. Due to military regulations that might have restricted soldiers from marrying while on active duty, or because the woman might not have Roman citizenship, a formal marriage might not be legally possible. Despite this, their bond is permanent and monogamous, and their community recognizes them as a couple, even without the legal framework of a Roman marriage. This arrangement would be an example of concubinatus.

• Picture a wealthy Roman merchant who develops a committed relationship with a woman from a much lower social class, perhaps a skilled artisan or a tavern owner. While they share a home and are devoted to each other, the merchant's family might strongly disapprove of a formal marriage due to the social disparity, fearing it would diminish their family's prestige. To maintain a stable union without incurring family disgrace or legal complications associated with a formal marriage, they live in a state of concubinatus, a recognized but non-marital partnership.