1Ulpianus, On the Lex Julia et Papia, Book II. Where a freedwoman is living in concubinage with her patron, she can leave him without his consent, and unite with another man, either in matrimony or in concubinage. I think, however, that a concubine should not have the right to marry if she leaves her patron without his consent, since it is more honorable for a freedwoman to be the concubine of a patron than to become the mother of a family. 1I hold with Atilicinus, that only those women who are not disgraced by such a connection can be kept in concubinage without the fear of committing a crime. 2Where a man keeps in concubinage a woman who has been convicted of adultery, I do not think that the Lex Julia de Adulteriis will be applicable, although he will be liable if he should marry her. 3If a woman has lived in concubinage with her patron, and then maintains the same relation with his son or grandson, I do not think that she is acting properly, because a connection of this kind closely approaches one that is infamous, and therefore such scandalous conduct should be prohibited. 4It is clear that anyone can keep a concubine of any age unless she is less than twelve years old.

2Paulus, On the Lex Julia et Papia, Book XII. Where a patron, who has a freedwoman as his concubine, becomes insane, it is more equitable to hold that she remains in concubinage.

3Marcianus, Institutes, Book XII. The freedwoman of another can be kept in concubinage as well as a woman who is born free, and this is especially the case where she is of a low origin, or has lived by prostitution; otherwise if a man prefers to keep a woman of respectable character and who is free born in concubinage, it is evident that he can not be permitted to do so without openly stating the fact in the presence of witnesses; but it will be necessary for him either to marry her, or if he refuses, to subject her to disgrace. 1Adultery is not committed by a party who lives with a concubine because concubinage obtains its name from the law, and does not involve a legal penalty; as Marcellus states in the Seventh Book of the Digest.

4Paulus, Opinions, Book XIX. The woman must be considered a concubine even where only the intention to live with her is manifested.

5The Same, Opinions, Book II. An official who is a resident of the province where he administers the duties of his office can keep a concubine.