Legal Definitions - contubernium

Contubernium refers to a marriage-like union between enslaved individuals, particularly in Roman law and later in societies that practiced slavery, such as the United States before abolition.

Crucially, a contubernium was not a legally recognized marriage. It did not confer any civil rights, legal protections, or permanence upon the individuals involved. The relationship existed solely at the discretion of the slave owner, who could separate the couple or their children at any time through sale or other means, without legal consequence. It was a de facto cohabitation that resembled marriage in practice but lacked any legal standing or enforceability.

• Example 1: On a large plantation in the American South, Sarah and Thomas lived together in a cabin, raised their children, and considered themselves husband and wife. They shared daily life, supported each other, and were recognized by their fellow enslaved people as a couple. However, their owner could decide to sell Thomas to another plantation at any moment, separating him from Sarah and their children without any legal process or consideration for their relationship. Sarah would have no legal claim to prevent the sale or to maintain contact with Thomas.

  This illustrates contubernium because Sarah and Thomas had a deeply personal, marriage-like bond and family unit, but it was entirely devoid of legal recognition or protection. Their union could be dissolved by their owner's will, demonstrating the lack of civil rights inherent in such relationships.

• Example 2: In ancient Rome, two enslaved individuals, Marcus and Julia, lived together in their master's household, sharing a living space and forming a stable partnership over many years. They were devoted to each other and functioned as a couple within the slave community. When Julia's master died, his estate was divided, and Julia was bequeathed to a different heir who lived in another city. Marcus had no legal right to accompany her, nor could he claim any legal relationship to prevent their separation. Their long-standing union was simply dissolved by the transfer of ownership.

  This illustrates contubernium because Marcus and Julia's relationship, while enduring and significant to them, carried no legal weight. The change in ownership, a decision entirely outside their control, could unilaterally terminate their cohabitation without any legal recourse for either party, highlighting the absence of legal permanence or rights.