The profane law-givers of Rome were never tempted by interest or
superstition to multiply the forbidden degrees: but they inflexibly
condemned the marriage of sisters and brothers, hesitated whether first
cousins should be touched by the same interdict; revered the parental
character of aunts and uncles, and treated affinity and adoption as a
just imitation of the ties of blood. According to the proud maxims of
the republic, a legal marriage could only be contracted by free
citizens; an honorable, at least an ingenuous birth, was required for
the spouse of a senator: but the blood of kings could never mingle in
legitimate nuptials with the blood of a Roman; and the name of Stranger
degraded Cleopatra and Berenice to live the _concubines_ of Mark Antony
and Titus. This appellation, indeed, so injurious to the majesty, cannot
without indulgence be applied to the manners of these oriental queens. A
concubine, in the strict sense of the civilian, was a woman of servile
or plebeian extraction, the sole and faithful companion of a Roman
citizen, who continued in a state of celibacy. Her modest station, below
the honors of a wife, above the infamy of a prostitute, was acknowledged
and approved by the laws: from the age of Augustus to the tenth century,
the use of this secondary marriage prevailed both in the West and East;
and the humble virtues of a concubine were often preferred to the pomp
and insolence of a noble matron. In this connection the two Antonines,
the best of princes and of men, enjoyed the comforts of domestic love;
the example was imitated by many citizens impatient of celibacy, but
regardful of their families. If at any time they desired to legitimate
their natural children, the conversion was instantly performed by the
celebration of their nuptials with a partner whose fruitfulness and
fidelity they had already tried.[31] By this epithet of _natural_, the
offspring of the concubine were distinguished from the spurious brood
of adultery, prostitution, and incest, to whom Justinian reluctantly
grants the necessary aliments of life; and these natural children alone
were capable of succeeding to a sixth part of the inheritance of their
reputed father. According to the rigor of law, bastards were entitled to
the name and condition of their mother, from whom they might derive the
character of a slave, a stranger, or a citizen. The outcasts of every
family were adopted without reproach as the children of the State.
Public-domain text, read in full here on John Shaqi.
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