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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 Kin ...
, passed in the year 445 BC, restoring the right of (marriage) between
patricians The patricians (from la, patricius, Greek: πατρίκιος) were originally a group of ruling class families in ancient Rome. The distinction was highly significant in the Roman Kingdom, and the early Republic, but its relevance waned after ...
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 of ...
.


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 law, 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 J ...
, the second
decemvirate The decemviri or decemvirs (Latin for "ten men") were some of the several 10-man commissions established by the Roman Republic. The most important were those of the two Decemvirates, formally the " decemvirate with consular power for writing ...
had placed severe restrictions on the plebeian order, including a prohibition on the intermarriage of patricians and plebeians.
Gaius Canuleius Gaius Canuleius, according to Livy book 4, was a tribune of the plebs in 445 BC. He introduced a bill proposing that intermarriage between patricians and plebeians be allowed. As well, with his fellow tribunes he proposed another bill allowing one o ...
, one of the
tribunes of the plebs Tribune of the plebs, tribune of the people or plebeian tribune ( la, tribunus plebis) was the first office of the Roman state that was open to the plebeians, and was, throughout the history of the Republic, the most important check on the power o ...
, proposed a ''
rogatio :''See Rogation days for usage pertaining to the Christian calendar of the Western Church.'' In Roman constitutional law, ''rogatio'' is the term (from Latin ''rogo'', "ask, place a question before") for a legislative bill placed before an Ass ...
'' repealing this law. The
consuls A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
, 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, 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 A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
agreed to consider the law. This radical escalation was prevented by his colleague,
Lucius Quinctius Cincinnatus Lucius Quinctius Cincinnatus ( – ) was a Roman patrician, statesman, and military leader of the early Roman Republic who became a legendary figure of Roman virtue—particularly civic virtue—by the time of the late Republic. Cincinnatus was ...
, and his brother,
Titus Quinctius Capitolinus Barbatus Titus Quinctius Capitolinus Barbatus (513 BCafter 423 BC) was a Roman statesman and general who served as consul six times. Titus Quinctius was a member of the gens Quinctia, one of the oldest patrician families in Rome. He was the son of Luci ...
.Livy, iv. 7. Claudius then suggested that
military tribunes with consular power A consular tribune was putatively a type of magistrate in the early Roman Republic. According to Roman tradition, colleges of consular tribunes held office throughout the fifth and fourth centuries BC during the so-called "Conflict of the Or ...
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 ''Goodbye, Mr. Chips'' is a novella about the life of a school teacher, Mr. Chipping, written by English writer James Hilton and first published by Hodder & Stoughton in October 1934. It has been adapted into two feature films and two televi ...
'', set in an English
boarding school A boarding school is a school where pupils live within premises while being given formal instruction. The word "boarding" is used in the sense of "room and board", i.e. lodging and meals. As they have existed for many centuries, and now exten ...
in the late nineteenth and early twentieth centuries, the
schoolmaster The word schoolmaster, or simply master, refers to a male school teacher. This usage survives in British independent schools, both secondary and preparatory, and a few Indian boarding schools (such as The Doon School) that were modelled afte ...
Mr. Chipping describes the law to his Roman history class, suggesting a pun that could be used as a
mnemonic device A mnemonic ( ) device, or memory device, is any learning technique that aids information retention or retrieval (remembering) in the human memory for better understanding. Mnemonics make use of elaborative encoding, retrieval cues, and imagery ...
:
"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 ''Goodbye, Mr. Chips'' is a novella about the life of a school teacher, Mr. Chipping, written by English writer James Hilton and first published by Hodder & Stoughton in October 1934. It has been adapted into two feature films and two televi ...
'', Little, Brown, and Company (1934).


See also

*
Roman law Roman law is the law, 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 J ...
* List of Roman laws *
List of legal Latin terms A ''list'' is any set of items in a row. List or lists may also refer to: People * List (surname) Organizations * List College, an undergraduate division of the Jewish Theological Seminary of America * SC Germania List, German rugby unio ...
*
Morganatic marriage Morganatic marriage, sometimes called a left-handed marriage, is a marriage between people of unequal social rank, which in the context of royalty or other inherited title prevents the principal's position or privileges being passed to the spous ...


Notes


References


Bibliography

* Titus Livius (
Livy Titus Livius (; 59 BC – AD 17), known in English as Livy ( ), was a Ancient Rome, 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 traditiona ...
), ''
History of Rome The history of Rome includes the history of the city of Rome as well as the civilisation of ancient Rome. Roman history has been influential on the modern world, especially in the history of the Catholic Church, and Roman law has influenced m ...
''. *
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 sty ...
, ''Romaike Archaiologia'' (Roman Antiquities). * T. Robert S. Broughton, ''The Magistrates of the Roman Republic'', American Philological Association (1952). * ''
Oxford Classical Dictionary The ''Oxford Classical Dictionary'' (''OCD'') is generally considered "the best one-volume dictionary on antiquity," an encyclopædic work in English consisting of articles relating to classical antiquity and its civilizations. It was first pub ...
'', 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