1. 1. Slave families contibernium

2. 1. The legal position Legally slaves had neither parents nor spouses nor children Legally slaves had neither parents nor spouses nor children Children of slaves belonged to owner of slave mother Children of slaves belonged to owner of slave mother The child of a female slaves was always a slave regardless of the legal status of the father The child of a female slaves was always a slave regardless of the legal status of the father Marriage between slaves legally impossible Marriage between slaves legally impossible

3. Slave marriage Between slaves and free marriage is impossible, contubernium is possible. (Paulus, Sententiae 2.19.6) Between slaves and free marriage is impossible, contubernium is possible. (Paulus, Sententiae 2.19.6) contubernium - slave marriage contubernium - slave marriage Or union between a slave and a free person – no standing in law Or union between a slave and a free person – no standing in law contubernalis (pl. contubernales) – slave spouse contubernalis (pl. contubernales) – slave spouse

4. contubernium recognized in Roman law, but not supported by law. contubernium recognized in Roman law, but not supported by law. Example of social practices often different from law and ideology Example of social practices often different from law and ideology

5. Digest 23.2.14.2 (Paulus) on law of incest Even servile relationship by blood must be observed in this law (of incest). Therefore a manumitted man may not take his own mother as wife, and it is just as much a law regarding a sister and a sister’s daughter. The same must be said for the opposite situation, that a father shall not be able to take his daughter as his wife, if they have been manumitted from slavery, even if there should be doubt that he is the father. …. Even servile relationship by blood must be observed in this law (of incest). Therefore a manumitted man may not take his own mother as wife, and it is just as much a law regarding a sister and a sister’s daughter. The same must be said for the opposite situation, that a father shall not be able to take his daughter as his wife, if they have been manumitted from slavery, even if there should be doubt that he is the father. ….

6. Digest 23.3.39 If a slave woman gave (something) to a slave man as a dowry, then, if they both arrive at freedom with the union still intact, and if their peculium has not been taken from them and they have remained in the same union, the matter is so regulated that, if anything remained from the material goods given as if for the purpose of dowry during their time in slavery, this seems to have been tacitly converted into (legal) dowry, so that a valuation of it is owed to the woman. If a slave woman gave (something) to a slave man as a dowry, then, if they both arrive at freedom with the union still intact, and if their peculium has not been taken from them and they have remained in the same union, the matter is so regulated that, if anything remained from the material goods given as if for the purpose of dowry during their time in slavery, this seems to have been tacitly converted into (legal) dowry, so that a valuation of it is owed to the woman.

7. Social practices associated with contubernium Funerary inscriptions only evidence left directly by slaves – indicate that slave frequently use the same terminology used by legally married spouses Funerary inscriptions only evidence left directly by slaves – indicate that slave frequently use the same terminology used by legally married spouses coniunx - spouse coniunx - spouse maritus - husband maritus - husband

8. Purpose of contubernium Incentive both for slaves and owners Incentive both for slaves and owners Slaves: happier with their lot, more efficient in their work Slaves: happier with their lot, more efficient in their work Fostered a sense of community among slaves of same household Fostered a sense of community among slaves of same household Owners: enjoyed greater productivity of slaves, slave children added to their familia Owners: enjoyed greater productivity of slaves, slave children added to their familia

9. How common was contubernium? Unable to quantify Unable to quantify Inscriptional and other evidence suggests quite frequent Inscriptional and other evidence suggests quite frequent Legal concerns with topic also suggests it was quite common Legal concerns with topic also suggests it was quite common

10. “As to the breeding of herdsmen: it is a simple matter in the case of those who stay all the time on the farm, as they have female fellow-slave in the steading. And the Venus of herdsmen looks no farther than this. But in the case of those who tend the herds in the mountain valleys and wooded lands, and keep off the rains not by the roofs of the steading but by makeshift huts, many have thought that it was advisable to send along women to follow the herds, prepare food for the hersmen, and make them more diligent (Varro, RR 2.10.6) “As to the breeding of herdsmen: it is a simple matter in the case of those who stay all the time on the farm, as they have female fellow-slave in the steading. And the Venus of herdsmen looks no farther than this. But in the case of those who tend the herds in the mountain valleys and wooded lands, and keep off the rains not by the roofs of the steading but by makeshift huts, many have thought that it was advisable to send along women to follow the herds, prepare food for the hersmen, and make them more diligent (Varro, RR 2.10.6)

11. More from Varro on rural slaves “the foremen are to be made more zealous by rewards, and care must be taken that they have a bit of property of their own, and mates from among their fellow-slaves to bear them children (Varro, RR. 1.17.5) “the foremen are to be made more zealous by rewards, and care must be taken that they have a bit of property of their own, and mates from among their fellow-slaves to bear them children (Varro, RR. 1.17.5)

12. Stability of Slave Family Life Bradley’s argument: Bradley’s argument: Sales contracts from Roman Egypt: most females sold between ages 14 – 34 childbearing years Sales contracts from Roman Egypt: most females sold between ages 14 – 34 childbearing years Males between 14 – 40 Males between 14 – 40 Chances for having family life increased at this age – for breeding of slaves Chances for having family life increased at this age – for breeding of slaves

13. House-born slaves Difficult to quantify but evidence suggests important source for new slaves Difficult to quantify but evidence suggests important source for new slaves House-born slaves (vernae) preferred as household slaves House-born slaves (vernae) preferred as household slaves

14. Trimalchio’s estate Wiedemann # 82 Trimalchio – freedman character in Petronius’ novel: the Satyricon Trimalchio – freedman character in Petronius’ novel: the Satyricon “July 26 th. On Trimachlio’s estate at Cumae: born: boys 30, girls 40. …” “July 26 th. On Trimachlio’s estate at Cumae: born: boys 30, girls 40. …”

15. Legal reality Death of owner – could result in property divided among heirs Death of owner – could result in property divided among heirs Slaves had no control over their fate Slaves had no control over their fate commodity that could be sold, families separated at will of owner at any time commodity that could be sold, families separated at will of owner at any time Romans had no particular concern for slave families Romans had no particular concern for slave families Evidence of multiple slave sales commonly consist of mothers with young children sold together Evidence of multiple slave sales commonly consist of mothers with young children sold together 4 th century AD emperor Constantine banned compulsory separation of slave families in Sardinia during land redistribution, also ordered families already broken up to be reunited. 4 th century AD emperor Constantine banned compulsory separation of slave families in Sardinia during land redistribution, also ordered families already broken up to be reunited. Remember – Roman law was reactionary – reacted to existing social practices Remember – Roman law was reactionary – reacted to existing social practices

16. Slave Families emulated Roman family values emulated Roman family values Married at same age: young female, late male age (girls mid teens, men mid twenties) Married at same age: young female, late male age (girls mid teens, men mid twenties) Duty for burial and commemoration lay with members of family – reflected in tombstone inscriptions set up by slaves Duty for burial and commemoration lay with members of family – reflected in tombstone inscriptions set up by slaves Family relationships continued into freedom when slaves were manumitted Family relationships continued into freedom when slaves were manumitted

17. The slave familia in the household Terms for slaves in same household: conservi / conservae Terms for slaves in same household: conservi / conservae Inscriptions reflect partnerships between slaves of same household, sharing same occupation, artisan ship, a business. Inscriptions reflect partnerships between slaves of same household, sharing same occupation, artisan ship, a business. Provided burial and commemoration for their fellow slaves Provided burial and commemoration for their fellow slaves burial collegia (burial clubs) formed, especially in large households of the wealthy burial collegia (burial clubs) formed, especially in large households of the wealthy Some formed family groups and bought burial spaces for members – paid membership fee Some formed family groups and bought burial spaces for members – paid membership fee Ties between conservi of household replaced kinship ties they did not have Ties between conservi of household replaced kinship ties they did not have Once freed were colliberti / collibertae Once freed were colliberti / collibertae Same sense of duty and affection existed among members of slave families as in free population Same sense of duty and affection existed among members of slave families as in free population colliberti named each other as heirs in their wills colliberti named each other as heirs in their wills

18. Some funerary inscriptions CIL 6. 9466: a male slave took over the place of a parent for a 7-year old girl whom he later ‘married’. CIL 6. 9466: a male slave took over the place of a parent for a 7-year old girl whom he later ‘married’. CIL 6. 17414 – an epitaph dedicated to a freedman by his “colliberti nutritores” CIL 6. 17414 – an epitaph dedicated to a freedman by his “colliberti nutritores” His fellow freed who raised him His fellow freed who raised him

19. CIL 6. 10747: the slave Arescon provides for the burial of the wife (Thalli) of his conservus. CIL 6. 10747: the slave Arescon provides for the burial of the wife (Thalli) of his conservus. CIL 6.5995: a slave buries the daughter of his conservus CIL 6.5995: a slave buries the daughter of his conservus

20. Mixed Unions Also called contubernium – union in which at least one partner is a slave Also called contubernium – union in which at least one partner is a slave Legal marriage between one slave and a free individual impossible Legal marriage between one slave and a free individual impossible Children of such unions were illegitimate and followed the legal status of mother: if mother was slave, children were slaves, if mother was freed, children were freeborn Children of such unions were illegitimate and followed the legal status of mother: if mother was slave, children were slaves, if mother was freed, children were freeborn

21. Gaius, Institutes 1.82 Gaius, Institutes 1.82 It also follows from these rules that by the law of nations (ius gentium) a slave is born from a slavewoman and a free man, and on the other hand, a free person is born from a free woman and a slave man. It also follows from these rules that by the law of nations (ius gentium) a slave is born from a slavewoman and a free man, and on the other hand, a free person is born from a free woman and a slave man.

22. senatusconsultum Claudianum (Claudian decree of the senate) Tacitus, Annales XIII.53 Tacitus, Annales XIII.53 Among the things which he referred to the senators was a proposal about the punishment of women who were joined with slaves. It was decided that, if the (slave’s) master was ignorant (of the union), they would for that reason fall into slavery, but if he had consented, they would be considered his freedwomen. Among the things which he referred to the senators was a proposal about the punishment of women who were joined with slaves. It was decided that, if the (slave’s) master was ignorant (of the union), they would for that reason fall into slavery, but if he had consented, they would be considered his freedwomen.

23. Double standards in contrast: men could manumit female slaves before the legal age of 30 if they wanted to marry them with the justification of: matrimonium causa = for the purpose of marriage in contrast: men could manumit female slaves before the legal age of 30 if they wanted to marry them with the justification of: matrimonium causa = for the purpose of marriage A union between a free man and a slave- woman was not penalized – such a union could be beneficial to the owner – since any child of such union belonged to him

24. Problem with unions between free women and slavemen Children would be free and citizens Children would be free and citizens Deprived male slave-owner of children Deprived male slave-owner of children Also –honour and status an issue: Romans generally disliked women marrying men of significantly lower in status Also –honour and status an issue: Romans generally disliked women marrying men of significantly lower in status slaves should not be able to father Roman citizens. slaves should not be able to father Roman citizens. the Minician law (c. 90 BC?), addressed this problem: children of a mixed union would take the status of the parent with the lower status. i.e. citizen woman + slave = slave children; citizen woman = Latin = Latin children. the Minician law (c. 90 BC?), addressed this problem: children of a mixed union would take the status of the parent with the lower status. i.e. citizen woman + slave = slave children; citizen woman = Latin = Latin children.