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The (‘ Canuleian law’), or , was a law of the
Roman Republic The Roman Republic ( la, Res publica Romana ) was a form of government of Rome and the era of the classical Roman civilization when it was run through public representation of the Roman people. Beginning with the overthrow of the Roman Kingd ...
, passed in the year 445 BC, restoring the right of (marriage) between patricians and
plebeians In ancient Rome, the plebeians (also called plebs) were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words " commoners". Both classes were hereditary. Etymology The precise origins ...
.


Canuleius' first rogation

Five years earlier, as part of the process of establishing the
Twelve Tables The Laws of the Twelve Tables was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.Crawford, M.H. 'Twelve Tables' in Simon Hornblowe ...
of
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Jus ...
, the second decemvirate had placed severe restrictions on the plebeian order, including a prohibition on the intermarriage of patricians and plebeians. Gaius Canuleius, one of the tribunes of the plebs, proposed a '' rogatio'' repealing this law. The consuls, Marcus Genucius Augurinus and Gaius Curtius Philo, vehemently opposed Canuleius, arguing that the tribune was proposing nothing less than the breakdown of Rome's social and moral fabric, at a time when the city was faced with external threats. Undeterred, Canuleius reminded the people of the many contributions of Romans of lowly birth, including several of the
kings Kings or King's may refer to: *Monarchs: The sovereign heads of states and/or nations, with the male being kings *One of several works known as the "Book of Kings": **The Books of Kings part of the Bible, divided into two parts **The ''Shahnameh'' ...
, and pointed out that the Senate had willingly given
Roman citizenship Citizenship in ancient Rome (Latin: ''civitas'') was a privileged political and legal status afforded to free individuals with respect to laws, property, and governance. Citizenship in Ancient Rome was complex and based upon many different laws, t ...
to defeated enemies, even while maintaining that the marriage of patricians and plebeians would be detrimental to the state. He then proposed that, in addition to restoring the right of ''conubium'', the law should be changed to allow plebeians to hold the consulship; all but one of the other tribunes supported this measure. An ill-chosen remark by the consul Curtius, to the effect that the children of mixed marriages might incur the displeasure of the gods, thereby preventing the proper taking of auspices, inflamed the people to the extent at which the consuls yielded to their demands, allowing a vote on Canuleius' original ''rogatio''. The prohibition on intermarriage between patricians and plebeians was thus repealed.


Second proposal

The second question, however, permitting plebeians to stand for the consulship, was not brought to a vote. The senator Gaius Claudius Sabinus, brother of one of the decemvirs, argued vehemently against it, and urged that force be used against the tribunes when they obstructed a levy of troops unless the Senate agreed to consider the law. This radical escalation was prevented by his colleague, Lucius Quinctius Cincinnatus, and his brother, Titus Quinctius Capitolinus Barbatus.Livy, iv. 7. Claudius then suggested that military tribunes with consular power might be elected from either order, instead of consuls; but he was not willing to bring the matter forward himself, delegating the distasteful matter to Titus Genucius, brother of the consul, who was of a mind to compromise with the plebeians. This proposal was well-received, and the first consular tribunes were elected for the following year, BC 444.


In popular culture

In the novel, '' Goodbye, Mr. Chips'', set in an English boarding school in the late nineteenth and early twentieth centuries, the schoolmaster Mr. Chipping describes the law to his Roman history class, suggesting a pun that could be used as a mnemonic device:
"So that, you see, if Miss Plebs wanted Mr. Patrician to marry her, and he said he couldn't, she probably replied: 'Oh yes, you ''can, you liar''!' " (emphasis supplied). James Hilton, '' Goodbye, Mr. Chips'', Little, Brown, and Company (1934).


See also

*
Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor Jus ...
* List of Roman laws * List of legal Latin terms * Morganatic marriage


Notes


References


Bibliography

* Titus Livius (
Livy Titus Livius (; 59 BC – AD 17), known in English as Livy ( ), was a Roman historian. He wrote a monumental history of Rome and the Roman people, titled , covering the period from the earliest legends of Rome before the traditional founding in ...
), '' History of Rome''. *
Dionysius of Halicarnassus Dionysius of Halicarnassus ( grc, Διονύσιος Ἀλεξάνδρου Ἁλικαρνασσεύς, ; – after 7 BC) was a Greek historian and teacher of rhetoric, who flourished during the reign of Emperor Augustus. His literary style ...
, ''Romaike Archaiologia'' (Roman Antiquities). * T. Robert S. Broughton, ''The Magistrates of the Roman Republic'', American Philological Association (1952). * '' Oxford Classical Dictionary'', 2nd ed., N. G. L. Hammond and H. H. Scullard, eds., Clarendon Press (1970). * Harriet I. Flower
''Roman Republics''
Princeton University Press (2011), . Roman law 445 BC 5th century BC in law Marriage law Marriage in ancient Rome Family law in ancient Rome Exogamy {{Italic title