As sexual relations could result in progeny, the question of establishing the legitimate status of a child became important. The Roman jurist Modestinus has classically defined marriage as “the joining of man and woman and their union for life by divine and human law”10. Other Roman jurists developed his definition and interpreted marriage as given by nature: “From [the law of nature] comes intercourse between male and female, which we call marriage; also the bearing and bringing up of children.”11 The lawyer Ulpian expressed almost the similar opinion: “Out of [the law of nature] comes the union of man and woman which we call marriage, and the procreation of children, and their rearing.”12 Do such statements reflect the opinions of Roman lawyers that procreation and child rearing are the essentials of matrimony? This is quite likely. As Romans were legally obliged to support their children, it did not matter whether a child was the offspring of the wife or illegitimate if the paternity of the child was not in question. However, Roman law did not simply treat the illegitimate as his or her father's descendant. This was not the case on the married mother's side where no distinction was made between legitimate and illegitimate children. Concubine children belonged to her and she was obliged to support them with food and other necessities of life. Although they were not part of the father's legal familia he had nevertheless at least some obligations towards them in terms of support and inheritance.13 Roman law and practice made a clear distinction between the father's progeny with his wife and the offspring with his concubine. The extant literary and legal material is too fragmentary to make clear if the illegitimi were discriminated against as illicit descendants 120 10 Digest 23.2.1. 11 Institutes I.1.2. pr. 12 Digest 1.1.1.3 13 Digest 25.3.5.
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