See also:

• CONCUBINAGE
• CONCUBINAGE (Lat. concubina, a concubine; from con-, with, and cubare, to lie)

CONCUBINAGE (See also:

• LAT

Lat. concubina, a concubine; from See also:

• CON

con-, with, and cubare, to See also:

• LIE, JONAS LAURITZ EDEMIL (1833—1908)
• LIE, MARIUS SOPHUS (1842–1899)

lie)  , the See also:

• STATE
• STATE, GREAT OFFICERS OF

state of a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man and woman cohabiting as married persons without the full sanctions of legal See also:

• MARRIAGE

marriage . In See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early See also:

• HISTORICAL

historical times, when marriage See also:

• LAWS

laws had scarcely advanced beyond the purely customary See also:

• STAGE (Fr. 6/age; from Lat. stare, to stand)

stage, the concubine was definitely recognized as a sort of inferior wife, differing from those of the first See also:

• RANK (O.Fr. rant or rent, mod. rang, generally connected with the O.E. and O.H.G. bring, a ring)

rank mainly by the See also:

• ABSENCE (Lat. absentia)

absence of permanent guarantees . The See also:

• HISTORY

history of See also:

• ABRAHAM, or ABRAM (Hebrew for " father is high ")

Abraham's See also:

• FAMILY

family shows us clearly that the concubine might be dismissed at any See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time, and her See also:

• CHILDREN, LAW RELATING TO

children were liable to be See also:

• CAST (from the verb meaning " to throw "; the word is Scand. in origin, cf. Dan. kaste, and Swed. kasta; " cast " in Middle Eng. took the place of the A.S. weor pan, cf. Ger. werf en)

cast off equally summarily with gifts, in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order to leave the See also:

• INHERITANCE

inheritance See also:

• FREE

free for the wife's sons (See also:

• GENESIS
• GENESIS (Gr. 'ybeo-es, becoming; the term being used in English as a synonym for origin or process of coming into being)

Genesis xxi . 9 if., See also:

• XXV

xxv . 5 ff.) . The See also:

• ROMAN

Roman See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law recognized two classes of legal marriage: (1) with the definite public ceremonies of confarreatio or coemptio, and (2) without any public See also:

• FORM (Lat. forma)

form whatever and resting merely on the affectio marilalis, i.e. the fixed intention of taking a particular woman as a permanent See also:

• SPOUSE, (O. Fr. espous, mod. epoux, espouse, epouse, Lat. sponsus, sponsa, a betrothed or promised man or woman, from spondere, to promise)

spouse.' Next to these strictly lawful marriages came See also:

• CONCUBINAGE
• CONCUBINAGE (Lat. concubina, a concubine; from con-, with, and cubare, to lie)

concubinage as a recognized legal status, so See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long as the two parties were not married and had no other concubines . It differed from the formless marriage in the absence (1) of affectio maritalis, and therefore (2) of full conjugal rights . For instance, the concubine was not raised,. like the wife, to her See also:

• HUSBAND

husband's rank, nor were her children legitimate, though they enjoyed legal rights forbidden to See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere bastards, e.g. the See also:

• FATHER

father was See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to maintain them and to leave them (in the absence of legitimate children) one-See also:

• SIXTH

sixth of his See also:

• PROPERTY

property; moreover, they might be fully legitimated by the subsequent marriage of their parents . In the See also:

• EAST
• EAST, ALFRED (1849- )

East, the See also:

• EMPEROR (Fr. empereur, from the Lat. imperator)

emperor See also:

• LEO
• LEO (THE LION)
• LEO, BROTHER (d. c. 1270)
• LEO, HEINRICH (1799-1878)
• LEO, JOHANNES (c. 1494-1552)
• LEO, LEONARDO (1694–1744)

Leo the Philosopher (d . 911) insisted on formal marriage as the only legal status; but in the Western See also:

• EMPIRE

Empire concubinage was still recognized even by the See also:

• CHRISTIAN
• CHRISTIAN, WILLIAM (1608-1663)

Christian emperors . The early Christians had naturally preferred the formless marriage of the Roman law as being free from all taint of See also:

• PAGAN
• PAGAN (Lat. paganus, of or belonging to a pagus, a canton, county district, village, commune)

pagan See also:

• IDOLATRY

idolatry; and the ecclesiastical authorities recognized concubinage also . The first See also:

• COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

council of See also:

• TOLEDO
• TOLEDO, COUNCILS OF (Concilia toletana)

Toledo (398) bids the faithful restrict himself " to a single wife or concubine, as it shall please him "; 2 and there is a similar See also:

• CANON

canon of the Roman See also:

• SYNOD
• SYNOD (Gr. vbvobos)

synod held by See also:

• POPE (Gr. irarraas, post-classical Lat. papa, father)
• POPE, ALEXANDER (1688–1744)
• POPE, ALEXANDER (1763-1835)
• POPE, JANE (1742-1818)
• POPE, JOHN (1822-1892)
• POPE, SIR THOMAS (c. 1507-1559)

Pope See also:

• EUGENIUS

Eugenius II. in 826 .

Even as See also:

• LATE

late as the Roman See also:

• COUNCILS

councils of 1052 and 1063, the suspension from communion of laymen who had a wife and a concubine at the same time implies that mere concubinage was tolerated . It was also recognized by many early See also:

• CIVIL

civil codes . In See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany " See also:

• LEFT

left-handed " or " morganatic " marriages were allowed by the Salic law between nobles and See also:

• WOMEN

women of See also:

• LOWER

lower rank . In different states of See also:

• SPAIN
• SPAIN (Espana)

Spain the laws of the later See also:

• MIDDLE

middle ages recognized concubinage ' The difference between See also:

• ENGLISH

English and Scottish law, which once made " Gretna See also:

• GREEN, A
• GREEN, ALEXANDER HENRY (1832—1896)
• GREEN, DUFF (1791—1875)
• GREEN, JOHN RICHARD (1837—1883)
• GREEN, MATTHEW (1696-1737)
• GREEN, THOMAS HILL (1836-1882)
• GREEN, VALENTINE (1739–1813)
• GREEN, WILLIAM HENRY (.1825–1900)

Green marriages " so frequent, is due to the fact that See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland adopted the Roman law (which on this particular point was followed by the whole See also:

• MEDIEVAL

medieval See also:

• CHURCH
• CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
• CHURCH, FREDERICK EDWIN (1826-1900)
• CHURCH, GEORGE EARL (1835–1910)
• CHURCH, RICHARD WILLIAM (1815–189o)
• CHURCH, SIR RICHARD (1784–1873)

church) . 2 See also:

• GRATIAN (FLAvrus GRATIANUS AUGUSTUS)

Gratian, in the 12th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century, tried to explain this away by assuming that concubinage here referred to meant a formless marriage; but in 398 a church council can scarcely so have misused the technical terms of the then current civil law (Gratian, Decretum, pars i. dist . See also:

• XXIV

XXiv . C . 4) . under the name of barragania, the See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract being lifelong, the woman obtaining by it a right to See also:

• MAINTENANCE (Fr. maintenance, from maintenir, to maintain, support, Lat. manu tenere, to hold in the hand)

maintenance during See also:

• LIFE

life, and sometimes also to See also:

• PART

part of the See also:

• SUCCESSION (Lat. successio, from succedere, to follow after)

succession, and the sons ranking as nobles if their father was a See also:

• NOBLE, SIR ANDREW (1832- )

noble . In See also:

• ICELAND (Dan. Island)

Iceland, the concubine was recognized in addition to the lawful wife, though it was forbidden that they should dwell in the same See also:

• HOUSE
• HOUSE (O. Eng. hiss, a word common to Teutonic languages, cf. Dut. huis, Ger. Haus; in Gothic it is only found in gudhiss, a temple; it may be ultimately connected with the root of " hide," conceal)

house . The See also:

• NORWEGIAN

Norwegian law of the later middle ages provided definitely that in See also:

• DEFAULT (Fr. defaut, from defailler, to fail, Lat. fallere)

default of legitimate sons, the See also:

• KINGDOM

kingdom should descend to illegitimates . In the Danish See also:

• CODE (Lat. codex)

code of Valdemar II., which was in force from 128o to 1683, it was provided that a concubine kept openly for three years shall thereby become a legal wife; this was the See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom of See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand vesten, the " See also:

• HANDFASTING (A.S. handfcestnung, pledging one's hand)

handfasting " of the English and Scottish See also:

• BORDERS, THE

borders, which appears in See also:

• SCOTT, ALEXANDER (fl. 1550)
• SCOTT, DAVID (18o6-1849)
• SCOTT, MICHAEL (1789-1835)
• SCOTT, ROBERT (1811-1887)
• SCOTT, SIR GEORGE GILBERT (1811-1878)
• SCOTT, SIR WALTER, BART
• SCOTT, WILLIAM BELL (1811-1890)
• SCOTT, WINFIELD (1786-1866)

Scott's Monastery .

In Scotland, the laws of See also:

• WILLIAM
• WILLIAM (1143-1214)
• WILLIAM (1227-1256)
• WILLIAM (1J33-1584)
• WILLIAM (A.S. Wilhelm, O. Norse Vilhidlmr; O. H. Ger. Willahelm, Willahalm, M. H. Ger. Willehelm, Willehalm, Mod.Ger. Wilhelm; Du. Willem; O. Fr. Villalme, Mod. Fr. Guillaume; from " will," Goth. vilja, and " helm," Goth. hilms, Old Norse hidlmr, meaning
• WILLIAM (c. 1130-C. 1190)
• WILLIAM, 13TH

William the See also:

• LION
• LION (Lat, leo, leonis; Gr. Mew)

Lion (d . 1214) speak of concubinage as a recognized institution; and, in the same century, the See also:

• GREAT

great English legist See also:

• BRACTON, HENRY DE (d. 1268)

Bracton treats the "concubina legitima" as entitled to certain rights .3 There seems to have been at times a pardonable confusion between some quasi-legitimate unions and those marriages by mere word of mouth, without ecclesiastical or other ceremonies, which the church, after some natural hesitation, pronounced to be valid.4 Another and more serious confusion between concubinage and marriage was caused by the See also:

• GRADUAL (Med. Lat. gradualis, of or belonging to steps or degrees; gradus, step)

gradual enforcement of clerical See also:

• CELIBACY (Lat. caelibatus, from caelebs, unmarried)

celibacy (see CELIBACY) . During the See also:

• BITTER, KARL THEODORE FRANCIS (1867– )

bitter conflict between laws which forbade sacerdotal marriages and long custom whie'h had permitted them, it was natural that the legislators and the ascetic party generally should studiously speak. of the priests' wives as concubines, and do all in their See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power to reduce them to this position . This very naturally resulted in a too frequent substitution of clerical concubinage for marriage; and the resultant evils form one of the commonest themes of complaint in church councils of the later middle ages.5 Concubinage in See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general was struck at by the See also:

• CONCORDAT (Lat. concordatum, agreed upon, from con-, together, and cor, heart)

concordat between the Pope Leo X. and See also:

• FRANCIS
• FRANCIS (FRarrcols) OF SALES, ST (1567-1622)
• FRANCIS (Lat. Franciscus, Ital. Francesco, Span. Francisco, Fr. Francois, Ger. Franz)
• FRANCIS, SIR PHILIP (174o-1818)

Francis I. of See also:

• FRANCE
• FRANCE, ANATOLE (1844– )

France in 1516; and the council of See also:

• TRENT
• TRENT (Lat. Tridentum; Ital. Trento; Ger. relent)
• TRENT, COUNCIL OF

Trent, while insisting on far more stringent conditions for lawful marriage than those which had prevailed in the middle ages, imposed at last heavy ecclesiastical penalties on concubinage and appealed to the See also:

• SECULAR (Lat. saecularis, of or belonging to an age or generation, saeculum)

secular See also:

• ARM (a common Teutonic word; the Indo-European root is ar, to join or fit; cf. the Lat. armus, shoulder, and the plural word arma, weapons, Gr. apphs, joint, and the reduplicated apapilKSV, to join)

arm for help against contumacious offenders (Sessio xxiv. cap . 8) . AUTHORITIES.—Besides those quoted in the notes, the reader may consult with See also:

• ADVANTAGE

advantage Du Cange's Glossarium, s.v . Concubina, the See also:

• ARTICLE (from Lat. articulus, a joint)

article " Concubinat " in Wetzer and Welte's Kirchenlexikon (2nd ed., See also:

• FREIBURG

Freiburg i/B., 1884), and Dr H . C . See also:

• LEA, HENRY CHARLES (1825–1909)

Lea's History of Sacerdotal Celibacy (3rd ed., See also:

• LONDON

London, 1907) . (G . G .