Contubernium

Slaves could not marry, but they might enter into the relation of conhibernium, which was practically a marriage, though not legally recognized as such. The children of such a union were regarded as cognates and could not intermarry if they afterwards became free.

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The Paternal Power (Patria Potestas)

The patria potestas, or paternal power, was the sum of the rights and powers enjoyed by the head of a Roman family over the members of his household. In the extent to which it went the patria potestas was one of the most remarkable features of the Roman law. It was the basis of the Roman family, and was an institution of the Jus Civile. The potestas could be enjoyed only by a Roman citizen, and a loss of citizenship involved also the loss of the potesms. Moreover, it was enjoyed only by the male head of the family, the father, grandfather, etc., and never by the mother, grandmother, etc. A mother could never exercise the power for she was herself either under the manus of her husband, or under the power of her father in case of a free marriage, or, if a widow, under the tutelage of her own children or other agnates. A married woman was, indeed, known as a materfamilias, where the marriage was with manus, in which case, since she was under the marital power of her husba...
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Mancipium

There existed in early times a condition of subordination, strongly resembling slavery, known as mancipium. Persons sold by the ancient form mancipation were said to be in mancipio. Slaves were sometimes called ntancipia, but generally the term mancipium was confined to the case of the free persons. Children sold by the pater familias did not become slaves but were held in mancipio. Persons in mancipio were said to be in the place of slaves (loco servorum), but the holder did not enjoy the same dominion over them as a master over his slaves. The mancipiiiin resembled a pledge more than a sale. A person in maywipio remained free and a citizen, though some of his rights, as potestas, were in abeyance. The relation of the holder and the person in mancipio was rather a personal relation than one of ownership as in the case of slavery. A person in mancipio might be released by vindicta (fictitious suit), by enrollment on the census (even without the consent of the holder), or b...
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Classification of Persons

The Roman law distinguished three kinds of personal status, or degree of legal capacity, and classified human beings with respect thereto as follows: ( 1 ) The status of Freedom ( libertatis ) according to which persons were either free ( liberi ) or slaves ( servi ). Free persons were either freeborn ( ingenui ) or freedmen ( libertini ). ( 2 ) The status of Citizenship ( civitatis ), according to which freemen were either Roman citizens ( cives ) or aliens ( peregrini ). ( 3 ) The status of Family ( familiae ), according to which citizens were either independent ( sui juris ) or subject to the authority of another ( alieni juris ). Among the Romans legal capacity was the exception, as among modern nations it is the rule. Even free persons enjoying the status of citizens were usually in some condition of subordination or dependence in respect to their family relations. The only person fully independent was the head of a family, or paterfamilias, above the age of twenty-five year...
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