Legal Definitions - spurius

In Roman law, a spurius (plural: spurii) referred to a child born outside of a legally recognized marriage. This designation meant the child was considered illegitimate, typically resulting from a union or intercourse that was not sanctioned by Roman marital law. Such children often faced significant limitations in terms of inheritance rights, social status, and citizenship compared to those born within a lawful marriage.

• Example 1: Child of a Citizen and a Slave

  Imagine a wealthy Roman citizen, Gaius, who has a child with one of his enslaved women, named Lyra. Under Roman law, a marriage between a citizen and an enslaved person was strictly prohibited and not legally recognized. Therefore, even though Gaius was the biological father, their child would be classified as a spurius. This designation meant the child would inherit the status of the mother (enslaved) and would not be considered a legal heir to Gaius's estate or possess the rights of a Roman citizen.

• Example 2: Offspring of an Extramarital Affair

  Consider a Roman senator, Quintus, who is legally married to his wife, Livia, and has children with her. However, Quintus also engages in a long-term relationship with another free Roman woman, Valeria, who is not his wife, and they have a child together. This child, born from an extramarital affair, would be deemed a spurius. Despite Quintus being the biological father, the child would not be considered a legitimate heir to Quintus's family or estate, nor would they share the same legal standing as the children born to Quintus and Livia within their lawful marriage.

• Example 3: Children from an Unformalized Union

  Suppose two Roman citizens, Marcus and Cornelia, live together and raise children, but they never undergo the formal legal ceremonies or declarations required to establish a recognized Roman marriage. Their union, while perhaps socially accepted, lacked the legal formality to be considered a lawful marriage under Roman statutes. Consequently, their children, despite both parents being citizens, would be classified as spurii. This status would impact their ability to inherit from their parents' estates, their full rights as citizens, and their overall social integration within Roman society.