Dictionary of Greek and Roman antiquities. Ed. by William Smith. Illustrated by numerous engravings on wood.

CONCUBINA. CONFAP-RREATIO. 349
ercised a Sreat influence over the people in and I not appear that the slave that was taken io her
through these conciones. A magistrate who was master's bed acquired any political rights in conse-.
higher in rank than the one who had convened a quence; the concubine mentioned by Antiphon is
concio, had the right to order the people to dis- treated as a slave by her master, and after his
porse, if he disapproved of the object (avocare, death undergoes a servile punishment (Id. p. 615).
Gell. xiii. 14); and such a command and the vehe- [HETAIRA.] [J. S. M.]
mence of the haranguing tribunes rendered con- 2. ROMAN. According to an old definition, an
ciones often very tumultuous and riotous, especially unmarried woman who cohabited with a man was
during the latter period of the republic. The originally called pellex, but afterwards by the more
convening magistrate either addressed the people decent appellation of concubina. (Massurius, ap.
himself, or he introduced other persons to whom Paul. Dig..50. tit. 16. s. 144.) This remark has
he gave permission to speak, for no private person apparently reference to the Lex Julia et Papia
was allowed to speak without this permission, and Poppaea, by which the concubinatus received a
the people had nothing to do but to listen. (Dionys. legal character. This legal concubinatus consisted
v. 11; Liv. iii. 71, xlii. 34; Cic. ad.Atl. iv. 2.) in the permanent cohabitation of an unmarried man
The place where such meetings were held, does with an unmarried woman. It therefore differed
not seem to have been fixed, for we find them in from adulterium, stuprum, and incestus, which were
the forum, the Capitol, the Campus Martius, and legal offences; and from contubernium, which was
the Circus Flamninius. (Cic. p. Sext. 14, ad Att. i. the cohabitation of a free man with a slave, or the
1.) It should be remarked, that the term concio cohabitation of a male and female slave, between
is also used to designate the speeches and harangues whom there could be no Roman marriage. Before
addressed to the people in an assembly (Liv. xxiv. the passing of the Lex. Jul. et P. P., the name of
22, xxvii. 13; Cic. in Vat. 1), and that in a loose concubina would have applied to a woman who
mode of speaking, concio denotes any assembly cohabited with a married man, who had not divorced
of the people. (Cic. p. Flacc. 7; comp. the his first wife (Cic. De Orat. i. 40); but this was
Lexica.) [L. S.] not the state of legal concubinage which was afterCONCUBI'NA (7ranXaKc, wraX2atcis). 1. wards established. The offence of stuprum was
G rnEIc.-The'ra.xaKir, or iraA2axcs, occupied at avoided in the case of the cohabitation of a free
Athens a kind of middle rank between the wife man and an ingenua by this permissive concubinage;
and the harlot (E&rTapa). The distinction between but it would seem to be a necessary inference that
the eraipa, 7raAXaKrcl, and legal wife, is accurately there should be some formal declaration of the indescribed by Demosthenes (c. iVeaer. p. 1386), ras tention of the parties, in order that there might be
av tp eiralaes a~ovis've5''o,aSev' X s Be 7rae- no stuprum. (Dig. 48. tit. 5. s. 34.) Ileineccius;arcas, Tr7S KcaO' niEpyne pa ins parr TaS on owLaTos: (,Syntagq. A4p. lib. i. 39) denies that an ingenLa
-ras 8E yvvacas, roO 7ratio7rolecrOeat Lfolaows teal could be a concubina, and asserts that those only
c~v Eov rpvAaica n 7rnrop &iXeLv. Thus Antiphon could be concubinae who could not be uxores; but
speaks of the eraAAaOX of Philoneos as following this appears to be a mistake (Dig. 25. tit. 7. s. 3),
him to the sacrifice, and also waiting upon him and or perhaps it may be said that there was a legal
his guest at table. (Antiph. Ace. de Venef. pp. 613, doubt on this subject (Id. s. 1); Aurelian prohibited;314; comp. Becker, Chnarikles, vol. ii. p. 438.) If the talking of ingenuae as concubinae. (Vopiscus,
her person were violated by force, the same penalty Aurelian. 49.) A constitution of Constantine
was exigible from the ravisher as if the offence had (Cod. v. tit. 27. s. 5) treats of ingenuae concubinae.
been committed upon an Attic matron; and a man This concubinage was not a marriage, nor were
surprised by the quasi-husband in the act of crimi- the children of such marriage, who were sometimes
nal intercourse with his raXXaici, might be slain called liberi naturales, in the power of their father,
by him on the spot, as in the parallel case (Lys. and consequently they followed the condition of
De Caede Esratostk. p. 95). [AnvLTEIUMn.] It the mother. There is an inscription in Fabretti
does not, however, appear very clearly from what (p. 337) to the memory of aullianus by Aemilia
political classes concubines were chiefly selected, Prima " concubina ejus et heres," which seems to
as cohabitation with a foreign (o'svn) woman was show that the term concubina was not a name that
strictly forbidden by law (Demosth. c. Neaer. p. a woman was ashamed of. Under the Christian
1350), and the provisions made by the state for emperors concubinage was not favoured, but it
virgins of Attic,amilies must in most cases have still existed, as we see from the legislation of Jusprevented their sinking to this condition. Some- tinian.
times certainly, where there were several destitute This legal concubinage resembled the morganatic
female orphans, this might take place, as the next marriage (ad 1oryansatinclnm), in which neitler the
of kin was not obliged to provide for more than wife enjoys the rank of the husband, nor the
one; and we may also conceive tile sanse to have children the rights of children by a legal marriage.
taken place with respect to the daughters of fami- (Lib. Feud. ii. 29.) Among the Romans, widowers
lies so poor as to be unable to- supply a dowry. who had already children, arid did not wish to
(Demosth. c. Noeaer. p. 1384; Planut. Trinnmmuns, iii. contract another legal marriage, took a concubina,
2. 63.) The dowry, in fact, seems to have been a as we see in the case of Vespasian (Suet. Vesp. 3),
decisive criterion as to whether the connection be- Antoninus Pins, and M. Aurelius (Jul. Cap. 1Fit.
tween a male and female Athenian, in a state of Ant. c. 8; Aurel. c. 29; Dig. 25. tit. 7; Cod. v.
cohabitation, amounted to a marriage: if no dowry tit. 26; Paulus, Recept. Sentent. ii. tit. 19, 20
had been given, the child of such union would be Nov. 1 8, c. 5; 89. c. 12.) [G. L.]
illegitimate; if, on the contrary, a dowry had CONDEMNA/TIO. rAcTlo; JUDEX.]
been given, or a proper instrument executed in CONDI'CTIO. [AcTIo.]
acknowledgment of its receipt, the female was CONDITO'RIUM. [Funrus.]
fully entitled to all conjugal rights. (Petit. Leg. CONDU'CTIO. [LocATIO.]
Al. p. 548, and authors there quoted.) It does CONFARREA'TIO.- [MIATraIONu1o s.]