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maryh10000's avatar

Contubernalis means something like tent-mate (or in modern terms, room-mate). It has both a sexual sense (in the case where at least one of the pair is a slave) and a non-sexual sense (the soldiers in a contubernium are all contubernales). In the sexual sense, it is never a marriage, because a slave, being a "res" or "thing", is incapable of legal marriage.

From: Treggiari, Susan. “‘Contubernales’ in ‘Cil’ 6.” Phoenix, vol. 35, no. 1, 1981, pp. 42–69. JSTOR, https://doi.org/10.2307/1087137. Accessed 22 Apr. 2023.

“Contubernium existed by permission of the slave-owner and was not protected by the law, for it was sanctioned by custom only.”

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maryh10000's avatar

I'd like to add to this. If I understand the position of the Roman soldiers correctly, they were actually in a similar position to a lot of people getting married today, especially men. The rank and file Roman soldier outside of Rome / Italy was denied the form of marriage that allowed them the most legal protection for their wife and children.

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