1. Slave families1. Slave families

contiberniumcontibernium

1. The legal position1. The legal position

Legally slaves had neither parents nor Legally slaves had neither parents nor spouses nor childrenspouses nor children

Children of slaves belonged to owner Children of slaves belonged to owner of slave mother of slave mother

The child of a female slaves was The child of a female slaves was always a slave regardless of the legal always a slave regardless of the legal status of the fatherstatus of the father

Marriage between slaves legally Marriage between slaves legally impossibleimpossible

Slave marriageSlave marriage

Between slaves and free marriage is Between slaves and free marriage is impossible, impossible, contuberniumcontubernium is possible. is possible. (Paulus, (Paulus, SententiaeSententiae 2.19.6) 2.19.6)

contuberniumcontubernium - slave marriage - slave marriage Or union between a slave and a free Or union between a slave and a free

person – no standing in lawperson – no standing in lawcontubernaliscontubernalis (pl. (pl. contubernalescontubernales) – ) –

slave spouseslave spouse

contuberniumcontubernium recognized in Roman recognized in Roman law, but not supported by law. law, but not supported by law.

Example of social practices often Example of social practices often

different from law and ideology different from law and ideology

Digest 23.2.14.2 (Paulus) on law Digest 23.2.14.2 (Paulus) on law of incestof incest

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

Digest 23.3.39Digest 23.3.39

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

Social practices associated with Social practices associated with contuberniumcontubernium

Funerary inscriptions only evidence Funerary inscriptions only evidence left directly by slaves – indicate that left directly by slaves – indicate that slave frequently use the same slave frequently use the same terminology used by legally married terminology used by legally married spouses spouses

coniunx coniunx - spouse - spousemaritusmaritus - husband - husband

Purpose of Purpose of contuberniumcontubernium

Incentive both for slaves and ownersIncentive both for slaves and ownersSlaves: happier with their lot, more Slaves: happier with their lot, more

efficient in their work efficient in their work Fostered a sense of community Fostered a sense of community

among slaves of same household among slaves of same household Owners: enjoyed greater productivity Owners: enjoyed greater productivity

of slaves, slave children added to of slaves, slave children added to their their familiafamilia

How common was How common was contuberniumcontubernium??

Unable to quantifyUnable to quantify Inscriptional and other evidence Inscriptional and other evidence

suggests quite frequentsuggests quite frequentLegal concerns with topic also Legal concerns with topic also

suggests it was quite commonsuggests it was quite common

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

More from Varro on rural More from Varro on rural slavesslaves

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

Stability of Slave Family LifeStability of Slave Family Life

Bradley’s argument:Bradley’s argument:Sales contracts from Roman Egypt: Sales contracts from Roman Egypt:

most females sold between ages 14 – most females sold between ages 14 – 34 childbearing years34 childbearing years

Males between 14 – 40 Males between 14 – 40 Chances for having family life Chances for having family life

increased at this age – for breeding increased at this age – for breeding of slaves of slaves

House-born slavesHouse-born slaves

Difficult to quantify but evidence Difficult to quantify but evidence suggests important source for new suggests important source for new slavesslaves

House-born slaves (vernae) preferred House-born slaves (vernae) preferred as household slavesas household slaves

Trimalchio’s estateTrimalchio’s estateWiedemann # 82Wiedemann # 82

Trimalchio – freedman character in Trimalchio – freedman character in Petronius’ novel: the SatyriconPetronius’ novel: the Satyricon

“ “July 26July 26thth. On Trimachlio’s estate at . On Trimachlio’s estate at Cumae: born: boys 30, girls 40. …”Cumae: born: boys 30, girls 40. …”

Legal realityLegal reality Death of owner – could result in property divided Death of owner – could result in property divided

among heirsamong heirs Slaves had no control over their fateSlaves had no control over their fate commodity that could be sold, families separated at commodity that could be sold, families separated at

will of owner at any timewill of owner at any time Romans had no particular concern for slave familiesRomans had no particular concern for slave families Evidence of multiple slave sales commonly consist of Evidence of multiple slave sales commonly consist of

mothers with young children sold togethermothers with young children sold together 44thth century AD emperor Constantine banned century AD emperor Constantine banned

compulsory separation of slave families in Sardinia compulsory separation of slave families in Sardinia during land redistribution, also ordered families during land redistribution, also ordered families already broken up to be reunited.already broken up to be reunited.

Remember – Roman law was reactionary – reacted to Remember – Roman law was reactionary – reacted to existing social practicesexisting social practices

Slave FamiliesSlave Families

emulated Roman family valuesemulated Roman family valuesMarried at same age: young female, late Married at same age: young female, late

male age (girls mid teens, men mid male age (girls mid teens, men mid twenties)twenties)

Duty for burial and commemoration lay Duty for burial and commemoration lay with members of family – reflected in with members of family – reflected in tombstone inscriptions set up by slavestombstone inscriptions set up by slaves

Family relationships continued into Family relationships continued into freedom when slaves were manumittedfreedom when slaves were manumitted

The slave The slave familiafamilia in the in the householdhousehold

Terms for slaves in same household: Terms for slaves in same household: conserviconservi / / conservaeconservae Inscriptions reflect partnerships between slaves of same Inscriptions reflect partnerships between slaves of same

household, sharing same occupation, artisan ship, a household, sharing same occupation, artisan ship, a business. business.

Provided burial and commemoration for their fellow slavesProvided burial and commemoration for their fellow slaves burial burial collegiacollegia (burial clubs) formed, especially in large (burial clubs) formed, especially in large

households of the wealthy households of the wealthy Some formed family groups and bought burial spaces for Some formed family groups and bought burial spaces for

members – paid membership feemembers – paid membership fee Ties between Ties between conserviconservi of household replaced kinship ties of household replaced kinship ties

they did not havethey did not have Once freed were Once freed were colliberti / collibertae colliberti / collibertae Same sense of duty and affection existed among members Same sense of duty and affection existed among members

of slave families as in free populationof slave families as in free population colliberticolliberti named each other as heirs in their wills named each other as heirs in their wills

Some funerary inscriptionsSome funerary inscriptions

CIL 6. 9466: a male slave took over CIL 6. 9466: a male slave took over the place of a parent for a 7-year old the place of a parent for a 7-year old girl whom he later ‘married’.girl whom he later ‘married’.

CIL 6. 17414 – an epitaph dedicated CIL 6. 17414 – an epitaph dedicated to a freedman by his “to a freedman by his “colliberti colliberti nutritoresnutritores” ”

His fellow freed who raised himHis fellow freed who raised him

CIL 6. 10747: the slave Arescon CIL 6. 10747: the slave Arescon provides for the burial of the wife provides for the burial of the wife (Thalli) of his (Thalli) of his conservusconservus. .

CIL 6.5995: a slave buries the CIL 6.5995: a slave buries the daughter of his daughter of his conservus conservus

Mixed UnionsMixed Unions

Also called Also called contuberniumcontubernium – union in – union in which at least one partner is a slavewhich at least one partner is a slave

Legal marriage between one slave Legal marriage between one slave and a free individual impossible and a free individual impossible

Children of such unions were Children of such unions were illegitimate and followed the legal illegitimate and followed the legal status of mother: if mother was status of mother: if mother was slave, children were slaves, if mother slave, children were slaves, if mother was freed, children were freebornwas freed, children were freeborn

Gaius, Institutes 1.82Gaius, Institutes 1.82 It also follows from these rules that It also follows from these rules that

by the law of nations (by the law of nations (ius gentiumius gentium) a ) a slave is born from a slavewoman and slave is born from a slavewoman and a free man, and on the other hand, a a free man, and on the other hand, a free person is born from a free free person is born from a free woman and a slave man.woman and a slave man.

senatusconsultum Claudianumsenatusconsultum Claudianum (Claudian decree of the senate)(Claudian decree of the senate)

Tacitus, Annales XIII.53Tacitus, Annales XIII.53Among the things which he referred Among the things which he referred

to the senators was a proposal about to the senators was a proposal about the punishment of women who were the punishment of women who were joined with slaves. It was decided joined with slaves. It was decided that, if the (slave’s) master was that, if the (slave’s) master was ignorant (of the union), they would ignorant (of the union), they would for that reason fall into slavery, but if for that reason fall into slavery, but if he had consented, they would be he had consented, they would be considered his freedwomen. considered his freedwomen.

Double standardsDouble standards

in contrast: men could manumit female in contrast: men could manumit female slaves before the legal age of 30 if they slaves before the legal age of 30 if they wanted to marry them with the wanted to marry them with the justification of: justification of: matrimonium causamatrimonium causa = = for the purpose of marriagefor the purpose of marriage

A union between a free man and a slave-A union between a free man and a slave-woman was not penalized – such a union woman was not penalized – such a union could be beneficial to the owner – since could be beneficial to the owner – since any child of such union belonged to himany child of such union belonged to him

Problem with unions between Problem with unions between free women and slavemenfree women and slavemen

Children would be free and citizensChildren would be free and citizens Deprived male slave-owner of childrenDeprived male slave-owner of children Also –honour and status an issue: Romans Also –honour and status an issue: Romans

generally disliked women marrying men of generally disliked women marrying men of significantly lower in status significantly lower in status

slaves should not be able to father Roman slaves should not be able to father Roman citizens. citizens.

the Minicianthe Minician law (c. 90 BC?), addressed law (c. 90 BC?), addressed this problem: children of a mixed union this problem: children of a mixed union would take the status of the parent with the would take the status of the parent with the lower status. i.e. citizen woman + slave = lower status. i.e. citizen woman + slave = slave children; citizen woman = Latin = slave children; citizen woman = Latin = Latin children.Latin children.