CONCUBINAGE is also used for a marriage performed with less solemnity than the formal marriage; or a marriage with a woman of inferior condition, and to whom the husband does not convey his rank or quality. Cujas observes, that the ancient laws allowed a man to espouse, under the title of concubine, certain persons, such as were esteemed unequal to him, on account of the want of some qualities requisite to sustain the full honour of marriage. He adds, that though concubinage was beneath marriage, both as to dignity and civil effects; yet was concubine a reputable title, very different from that of mistress among us. The commerce was esteemed so lawful, that the concubine might be accused of adultery in the same manner as a wife.
This kind of concubinage is still in use in some countries, particularly in Germany, under the title of a half-marriage, morgenbache marriage, or marriage with the left-hand; alluding to the manner of its being contracted, viz. by the man's giving the woman his left hand instead of the right. This is a real marriage, though without solemnity; the parties are both bound for ever; though the woman be thus excluded from the common rights of a wife for want of quality or fortune.
The children of concubines were not reputed either legitimate or bastards, but natural children, and were capable only of donations. They were deemed to retain the low rank of the mother; and were on this ground unqualified for inheriting the effects of the father.